Crow Wing County heard an appeal Tuesday to ignore advice from the county attorney and let a zoning issue proceed to the planning commission.
Attorney Tom Pearson, from Gammello, Qualley & Pearson of Baxter, spoke to the board representing Charlie Makidon and a Gail Lake Township rezoning. Pearson asked the board to override County Attorney Don Ryan and allow them to take their application directly to the planning commission for review of the rezoning.
Pearson said the issue has been a long-standing dispute as to whether the rezoning application is complete.
The main question is whether Makidon has access to the property, which is a threshold required to complete an application to the planning commission. Ryan said Makidon has seven lots to cross to get access and he has easements from six.
Pearson said they have not contacted the seventh property owner because they thought they had other options to take the matter to the planning commission. Commissioners Dewey Tautges and Rosemary Franzen said getting the final property owner's approval would solve the matter.
An appeal to the administrative denial exists through the Board of Adjustment and then an appeal may be taken to district court.
County Administrator Tim Houle said taking the matter to the Board of Adjustment was always the proper way to appeal the decision and he was a little befuddled why this would come up at the county board level. Houle said Makidon had known since July the Board of Adjustment was the proper avenue and he would be leery of establishing a different process when one already existed. Houle said he was disappointed the issue has been going on for three years without resolution but he said that delay was from both sides of the issue.
Pearson said they also waited as they expected a meeting with Ryan.
Ryan said he was not able to get back to them for the conversation to date but he is willing to meet with Gammello. Ryan plans to meet with Makidon's legal representatives next week.
RENEE RICHARDSON may be reached at renee.richardson@brainerddispatch.com or 855-5852.
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