Hortian, et al., Relators vs Fischer and Wright County Planning Commission
Minnesota Court of Appeals, December 7, 2015
In 2006 the Wright County Planning Commission granted a CUP to Fischer to operate a diesel repair business as a home-extended business on property that is zoned General Agricultural (AG). Under this zoning classification home-extended businesses are allowed. The Hortians live on the neighboring property and complained about the business multiple times over multiple years. The Wright County Sheriff’s Department inspected the property and noted multiple violations. Fischer was told to file for an amended CUP, which he did. Fischer estimated that 40% of his business was agricultural and that his activities on the property still complied with the zoning classification. Realtors testified that Fischer’s business injured his neighbor’s properties. The Commission granted the amended CUP.
The Hortians appealed the Commission’s decision. On appeal, the Hortians must show that the Commission did not follow the standards for CUPs set forth in the zoning ordinance and that granting the CUP was an abuse of discretion.
The Hortians challenged the county’s interpretation of WCZO §741(3) which mandates that there should be “no outside storage of supplies, equipment or maintenance items; all work and work related items shall be kept in an enclosed structure.” They claim that customers’ cars parked outside of Fischer’s building waiting for repair qualify as “equipment” or “work-related items”. The Commission instead determined that the cars were neither “equipment” nor “work-related items,” but were rather regulated by another part of the ordinance that only prohibits parking unlicensed or inoperative vehicles. The Commission attached a specific condition to the amended CUP that “all vehicles and trailers on the property must have current registration and/or licensure unless otherwise exempt by law.” The court sided with the Commission. Considering these vehicles as “equipment” or “work-related items” is a narrow definition that would limit Fischer’s ability to work from home.
The Hortians claimed that the Commission made an error in granting the amended CUP because Fischer’s business is injurious to neighboring properties because of the additional wear on the roads, the high volume of sounds from the tools, and the bright lighting installed around the building. During a site visit the Commission found that none of these were true and that the operation complied with the ordinance. The court did not dispute that finding, either.
The Hortians argued that Fischer’s business did not fit in an agriculturally zoned area. The Commission found that, while the business is industrial in nature, it serves an agricultural community and an agricultural purpose and therefore fit in the zoning classification.
The Commission did not err by granting the CUP.
