Planning and Zoning re-examines conditional use in agricultural district for sawmill

[December 12, 2017] 

LINCOLN

On Wednesday, December 6, the Logan County Board's Planning and Zoning Committee held its monthly meeting. One focus of discussion was a conditional use request at the former Chestervale Elevator for Baker and Sons.

At the November Logan County Board meeting, the board had voted to table the motion to approve the Bakers' request for conditional use of the elevator property.

At the board workshop, there was discussion of the plans and some concerns as the board heard from applicants Stephen and Teri Baker and attorney Blinn Bates.

Blinn Bates of Woods and Bates represents the Baker's neighbor and has submitted a formal written protest to the application for the conditional use. His client owns nearby property and is concerned about the sawmill use, lack of details, no setback lines, and no guarantees of safety. Bates said the current status of the property is unacceptable.

Bates said the business has broken down vehicles on it and logs stacked everywhere on the property are a nuisance. He said there are dangers involved with a sawmill and a need to protect surrounding property owners from sawdust catching fire and affecting crops.

Bates requested the board deny the application at this time because it is lacking in detail with many questions that need answered before a business of this magnitude can be approved.

At the November 21st board meeting, neighbors expressed concerns about dangers, noise, and lack of planning.

Logan County Zoning Officer Will D'Andrea said the board could ask the applicants about the operation.

Stephen and Teri Baker said they have owned the tree service just under a year since buying it from Stephen's father. Bakers have been trying to clean up the property and take care of the equipment, vehicles, and logs. Brush piles on the property are from the storm this summer.

Teri Baker said the sawmill is in a building, not outside.

Stephen Baker said they have been building the sawmill and trying to get it set up and establish what to do with logs. Nothing commercially viable has started around the new operation.

Planning and Zoning Committee Chairman Scott Schaffenacker said they could amend the application to add more conditional uses if approving it.

Board member Kevin Bateman wanted more research on conditions.

After tabling the motion, the board voted to send the issue back to the Planning and Zoning Committee

At the Planning and Zoning Committee meeting, there was more discussion of conditions.

Committee Chairman Scott Schaffenacker said they needed to look at the conditional use to allow agriculture business use for a sawmill in an agricultural zoning district.

Schaffenacker asked the applicants for an update.

Teri Baker said the debris is 90% gone along with most of the vehicles that were on the property. She had a list of what is plated and insured and will stay on the property.

Baker said they applied for a burning permit with the EPA, but the EPA said they are not allowed to burn without a burn curtain. Since the burn curtain is very expensive, she said they will not do burning there. Baker said the last time a mill burned was in 2002 and that was due to gross negligence on that owner's part.

Baker said the sawmill is not noisy since it is inside an old grain bin. The items they will be milling are small.

Bakers have checked prices for eight, ten, and twelve-foot fences at Menards since they have been asked to put up a fence within twelve months of approval.

The Bakers' neighbor Chad Kern said he just wants to protect his family and have the neighborhood be a nice, safe atmosphere and the area neat and tidy. Burning was one of his biggest concerns. He would also like a five-foot setback.

Neighbor Gene Hassebrock said he feels the property is an eyesore right now. He has concerns about rodents since there were many when the elevator was operating there.

Baker said they have set out baits, have cats, and have also cleaned out all the bins to control this problem.

Community Action Executive Director Alison Rumler-Gomez said the Bakers came out to CAPCIL for consulting. CAPCIL has some economic development dollars that come from the Department of Commerce and Economic Opportunity that is used with the Strengthening Working Families' Initiative project.

Rumler-Gomez said Bakers were eligible for SWFI programs and Teri plans to take the financial literacy class to learn about business planning tactics and developing business plans. Rumler-Gomez said Teri has followed through on what was asked and the Bakers are committed to being good business people.

Blinn Bates said the single-family dwelling does not meet the Conditional Use and needs a variance. Bates provided committee members with his list of recommendations for special conditions for the Conditional Use. He wants an engineering design plan, a detailed business proposal, the hours of operation, debris clean-up, minimum setbacks, no trees or shrubbery planted in the setback area, and heights for fencing material.

Board Chairman Chuck Ruben asked if the Bakers need a variance for the house.

D'Andrea said a house is already permitted in the agriculturally zoned area.

Bateman said the hours of operation and concerns about the sawmill being inside an old grain bin are sticking points for him. He does not want them cutting at 9:30 or 10:00 at night. Bateman would like them to have a dust collection system for all the sawdust since they will probably have doors to the bin open in the summertime.

Ruben said other businesses have no hour restrictions, though daylight hours seem reasonable.

Baker said her husband will not work all day long cutting trees and then milling at night. They plan to do the work during normal business hours. She said a chute collects the sawdust and they just scoop it up. The sawdust will be composted in an organic garden.

Schaffenacker said the Cob Plant in Mount Pulaski does not have the restrictions being asked for. It operates 24 hours and has a lot of dust and noise.

Committee member Emily Davenport asked what recourse there would be if a mess is still on the property next year.

D'Andrea said it depends on the issue, but the conditional use can be revoked if conditions are not met.

D'Andrea said the committee should bring the recommendations to the board.

Ruben motioned that they bring forward the amended resolution to the full board at the board workshop. The board will vote on the amended resolution at the regular board meeting December 19.

[Angela Reiners]