"TAG TEAM" ON THE LOOSE AGAIN! COULD YOU BE "IT"?

Another item from the July Board meeting was a request for an Interim Use Permit (IUP). It was for storage at a Eureka gravel pit of bagged product from another use in the Township that produces bagged mulch and other products.

Butch Hansen and Mark Ceminsky spoke strongly in favor of this application. One wonders what they may have said previously about trying to get it done for the applicant. Perhaps just get it past the Planning Commission and we'll take care of it at the Board.  Only problem is that Eureka does not issue IUPs for such a use.

See Ordinance 3, Chapter 2, Section 1 Agricultural District, A. Intent (reason we have this Ordinance), and D. Interim Uses (to see the TWO IUPs Eureka can currently issue). That would be airstrips and gravel mining.

Gravel mining, as stated there, is governed by Ordinance 6. Ordinance 6, Chapter 7, Section 1 Performance Standards, B. 2, states that the only minerals that can be brought in from outside the subject property have to be for the purpose of mixing with minerals excavated on the site and cannot exceed 25% of the total product excavated on an annual basis.

"E." of Ordinance 3, Chapter 2, Section 1 Agricultural District explains that any other use or structure not specifically permitted by right or Conditional Use Permit (CUP) or IUP is prohibited.

The interesting thing is that this very use for the specific properties involved has all been brought up before. It was explained to the gravel site landowner why this is not permitted. At some point, this bagged product actually showed up at the gravel mine site! The Town Board followed up on a complaint and had to order that it all be removed and gave a deadline date.

It's already been explained in depth to the bagging concern why it is limited, by settlement agreement, to the acreage covered by that settlement. They have been advised that the Township does not allow off-site outside storage for a business.

Kudos to the Planning Commission for having dealt with this accurately, citing parts of the Ordinance, and recommending that the application be denied as not permissible under Ordinance. Or at least I give kudos to four out of five of the commission: Fredlund, Larson, Funk, and Wood. (Remember Sibley Aggregates and "two supervisors" who told them they could apply for an IUP to be able to crush concrete from outside the Township for a whole summer? Another IUP that doesn't exist! Required a Text Amendment. See earlier post on the "Dynamic Duo" on that one.)



Then this application goes to the Board and Hansen and Ceminsky seem to think it is totally reasonable to do this "because an IUP expires," as opposed to a CUP which "runs with the land" and does not normally go away. But, an IUP may not expire for 30 years, for example; depends on limit set by Board or an event that renders it closed, such as having mined all the gravel from a pit.

Since this has all been through the wringer before, why are Hansen and Ceminsky still pushing what currently amounts to an illegal use?

Think about this: if any person with his own "bright idea" could come in and be granted a CUP or even an IUP for anything as long as the majority of the Board agrees, why even have zoning? Why have Ordinances? Why have government? Anything goes if one can convince three supervisors?




WRONG, WRONG, WRONG! The Township would have spot zoning in effect all over the place in reality. NOT a good plan for future development, not to mention life for the neighbors in the meantime.

Supervisors are sworn to uphold the Ordinances before they take office. Apparently, the catch is that they have to understand the ordinances and government in general. I submit that Ceminsky and Hansen appear woefully short on that knowledge and bear watching. Thankfully, we still have three Supervisors who will listen to and accept legal explanations.




                                     
And I haven't even mentioned that an IUP has to go through a public hearing set by the Commission and is never granted outright by the Board at the time of application.

                             HOLD ONTO YOUR HATS!