Planning Commission backs conditional use for on-site construction-equipment sales, bars consignment

The Davison County Planning Commission on June 3 recommended approval to the Board of Adjustment of a conditional use permit allowing Melvin Fisher to sell construction equipment from Tract A of Spruce Acres (SE1/4 of Section 35, T103N, R60W) in an Agricultural Residential District, with a prohibition on consignment sales.

Deputy Director of Planning & Zoning Karen Wegleitner presented the application and described operations Fisher said would take place on the site. Applicant Melvin Fisher said, "I will buy new equipment and sell the older ones," and added he would also purchase units that needed work, repair them, and resell them. Fisher told commissioners he has no interest in accepting equipment on consignment and that renters who express interest in purchasing a rented unit would be permitted to buy it.

Commissioners and nearby residents raised questions about site practices. Neighbor Zeb Scheich said the operation had expanded beyond an initial plan of a couple of pieces of equipment and reported seeing equipment from a construction business on site and smelling trash burning. Fisher said he keeps some construction trailers parked by trees on the north side of the property and that an on-site building houses his rental and construction business office. He said he previously contacted DANR about an existing burn pit. The board and Deputy Director Wegleitner recommended Fisher contact DANR again to confirm what burning is allowed and to remain compliant.

Fisher described steps he took to address lighting concerns and said he uses Purple Wave for online sales of equipment. After discussion the commission voted to recommend approval of the conditional use permit with a no-consignment restriction. Dave Anderson moved the recommendation and Steve Thiesse seconded. Roll call: Haines—aye; Thiesse—aye; Gosmire—aye; Bainbridge—aye; Nebelsick—absent; Blaalid—absent; Anderson—aye. The motion carried.

The recommendation will be forwarded to the Board of Adjustment for its decision. The commission did not place additional conditions in the motion beyond the prohibition on consignment; the record includes the board's recommendation that Fisher verify allowed burning practices with DANR.