NEW ULM - By a 4-1 vote Tuesday, the Brown County Planning Commission approved a conditional use permit (CUP) for a consignment lot along U.S. Highway 14, just east of Sleepy Eye.
Leo Wilfahrt cast the dissenting vote on the application by Chris Thorston and Joe Ebenhoe for Midwest Asset Management on property described as Lot1 Block 1 Heiderscheidt's Second Subdivision, Sec 28 - Twp 110N - R 32W, Home Township. The permit allows a dealership to include used farm equipment, vehicles, recreational vehicles, ATVs, snowmobiles, boats, etc. for an online internet auction service.
The site will be used for items prior to auction. No servicing will be conducted at the site, which is located in the A-1 Agricultural Protection Zoning District.
Conditions include no salvage vehicles at any time. Display area setback must be at least 75 feet off the road right of way.
The permit would be effective for five years from the date of issuance. If there is a site ownership change, the new owner must apply for a new permit.
"I've always been opposed to car dealerships in A-1 land," Wilfahrt said, referring to his dissenting vote.
Thorston said the lot will be used as a drop-off site for owners' consignment items that will be documented and posted online for up to 30 days.
"This will not be a junkyard. ... It's a way for people to quickly sell vehicles by advertising them to hundreds of thousands of people," Thorston added.
Thorston said Lowell Heiderscheidt will maintain the property site.
The Brown County Board will act on the Midwest Asset Management CUP at its Oct. 21 meeting.
In another matter, commissioners discussed at length how to deal with a construction contractor in the A-1 zone that does not conform to zoning regulations. The contractor was not identified during the discussion.
Zoning Administrator Laine Sletta brought a pile of papers detailing conditional use permits in other Minnesota counties to the meeting.
Sletta said the site began as an equipment storage business that added buying and selling salvaged items and employs 15 people.
"It's a use that should be regulated. ... It looks like a junkyard, at least to some people," Sletta said, adding that other sites may also be out of compliance.
"Issuing an interim permit would allow us to revise language," Sletta said.
"It's the one that got caught," said Wilfahrt.
Commissioner Andy Lochner said he would support an interim ordinance that would give people time to conform.
Sletta said the county has industrial-zoned districts that would be suited for the business, but few landowners would sell their land for that use.
Commissioner Brian Tohal said the business could be done inside city limits.
"Re-using (used equipment) parts is a good thing," Tohal added. "How about building a fence around it?"
Lochner suggested rezoning land.
Sletta said it would be prudent to give the landowner a long period of time to conform considering the current economy.
Commissioner Loren Renberg said he favored issuing a CUP since it listed land uses and conditions.
"Give people a chance to comply," said Commissioner Anita Mohr.
Commission members directed county staff to prepare an ordinance addressing the issue.