HERE'S THE SCOOP!

        August Town Board meeting on August 13, 2018.

     A Lakeville citizen approached the Planning Commission

on August 7 regarding purchasing 10 acres on County Road 86

for the purpose of constructing a business building of 

approximately 9,000 square feet to house their distribution of

items for agriculture producers.

     The items they distribute include farm aprons, pouches, totes,

belts, holsters, bags, boots, bibs and pants, children's gear, jackets,

breeding and vet gear, calf blankets and milking supplies.
(Information found on their web site.)

     The Planning Commission stated this is not a permitted use

and is not an agricultural service. They did indicate they could

possibly request a Conditional Use Permit and passed it onto 

the Town Board for discussion.

     Butch Hansen believes it falls under Agricultural Use.

The Ordinance definition of Agricultural Operations is:

"Operations operating for profit which include, but not

limited to, the cultivation, growing, harvesting and processing

of any agricultural commodity, including horticulture and

timber, the raising of livestock, fur-bearing animals, fish or

poultry; or any commercial agricultural practice

performed as incidental to or in conjunction with such

operations, including preparation for market, delivery to

storage, to market, or to carriers for transportation to market".

(I do not see the storage of aprons, holsters, bags, pants etc 

included in this definition).

     Butch Hansen stated "It is an allowed usage under a

Conditional Use Permit."  PC Chair Fredlund disagreed stating,
"A Conditional Use Permit is allowed for Agricultural Services."

Butch Hansen stated "This is an Agricultural Service."

Commissioner Funk indicated that it is a warehouse for storing

merchandise. Butch stated "They manufacture it there."

(I have seen nothing to indicate this statement is accurate.)

Hansen stated, "People are doing the exact same thing all over
the Township." 

The Ordinance states, "Agricultural  service is permitted

as a Conditional Use. Agricultural Service is described as

establishments primarily engaged in performing agricultural

or horticultural services on a fee or contract bases."

(I do not see where a warehouse utilized for storage of aprons,

holsters, pants, children's gear, jackets and sleeves, holsters and

bib pants is an Agricultural Service on a fee or contract

basis. (Mr. Hansen, if you do not have access to an Ordinance

book, please request a copy from the Town Hall.)

     Butch Hansen felt the Board needed to discuss the issue.

     Mark Ceminsky stated "The Statute under Agriculture allows

that even if you only have one acre, that if you are doing things

that provide to an Agricultural industry or supporting Agriculture,

it does not matter if you repair tractors or whatever you are allowed

under the Agricultural State Statute." (Not sure where this incoherent

statement by Mark was pulled from).

     Under the Ordinance definition of Agriculture: "The use of land

for the production of farm crops as well as for the raising of

livestock."

     Under the Ordinance definition of Commercial Agriculture:

"The exclusive use of ten (10) or more contiguous acres of

land for the production of field crops, livestock products,

or livestock, not counting one acre for homestead." (It then

goes on to define the above. I did not notice any reference to

aprons, bib pants, children's gear etc.) 

     (This would not be a permitted Accessory Structure.) The

Ordinance states, "There can be no Accessory Structure without

a Principal Structure existing on the same parcel."

     Commissioner Larson stated she felt the Planning Commission's

hands are tied when they do not have access to the Township attorney.

Chair Murphy stated "The Attorney prefers to have questions from

the Planning Commission Chair in writing rather than coming to the

meetings." He also stated "If the Planning Commission would

like to have the Attorney attend a specific meeting, they can 

request his presence."

(In the past, the Attorney attended the Planning Commission meetings

which makes sense because citizens' questions can be answered

or their permit requests can be addressed, recommended for approval or

turned down at the Planning Commission meeting. Possibly

saving the citizens another fruitless meeting).

     A citizen reminded the Board Supervisors that Agricultural

Services such as tractor repair and machinery repair is a service.

Products such as aprons, bib pants etc. are  NOT a service

for a fee or on a contract basis.

(The Attorney remained silent on this issue. Why???

This seems to be a time at a meeting when an attorney 

with expertise in municipal law needs to weigh in

to educate the Board and the Planning Commission.

Supervisors and Planning Commissioners have

a responsibility to reference the facts before making 

definitive statements.")

(Imagine if the Township issued Conditional Use Permits

willy nilly to anyone who would like to utilize

10 acres, or more or less, as storage for manufactured 

products or even worse, manufacturing, anyplace in

an agriculturally zoned Township.")

(If previous Planning Commissioners and Board Supervisors
have made mistakes in the past, current members are
not obligated to make the same mistakes, nor should they.)

 

     

The information is taken from
the August 13 meeting CD.  My
opinions are indicated in italics.