Logan County Board grants conditional use for sawmill

[December 22, 2017] 

LINCOLN

On Tuesday, December 19, the Logan County Board held its Regular monthly voting meeting. One focus of discussion was whether to approve the conditional use request for Baker and Sons to use a sawmill at the former Chestervale Elevator.

At the November Workshop, there was discussion of the plans and some concerns as the board heard from applicants Stephen and Teri Baker, and attorney Blinn Bates representing a neighbor to the property.

The board voted at November meeting to table the motion to approve the Bakers' request for conditional use of the elevator and sent it back to committee.

Planning and Zoning Chairman Scott Schaffenacker made a motion to bring back from committee Baker & Sons Tree Service conditional use case as amended at November 21, 2017 Regular meeting.

Board Chairman Chuck Ruben said "as amended" refers only to changing the deadline from 18 months down to 12 months to have a fence erected.

At Tuesday's meeting, board member Kevin Bateman said he wanted to amend the motion to include "hours of operation" for the milling aspect. His suggestion for hours of operation was 8:00 a.m. - 8:00 p.m.

Schaffenacker said he did not think they had ever "imposed hours of operation on any other ag business as a conditional use.

Board member David Hepler said he would like to hear from the applicants how hours of operation would impact them. He said it seems "kind of like a slippery slope." Hepler asked where they might go from there and wondered whether it could mean a future board might impose hours of operation on harvesting and planting in the rural area. He was uncomfortable with this idea.

Teri Baker said she expected they would use the sawmill during normal business hours. It would not be late at night especially after they have worked on trees all day.

Bateman said some of the neighbors had asked about hours of operation. He said the farmer next to him only works late during planting and harvesting time.

Board member Gene Rohlfs said the county would need to enforce the hours if they approved them.

Community Action Executive Director Alison Rumler-Gomez asked where imposing hours of operation would fit as far as the zoning ordinance and whether it had to do with quiet enjoyment of the neighbors.

Logan County Zoning Officer Will D'Andrea said one of the approval criteria looks at "potential impact on the adjoining properties." The degree that it could impact adjoining properties allows the board to put a condition on the approval to help offset the potential impact.

Board member Bob Sanders asked Teri Baker whether she had trouble with the hours. He said since it is a conditional use permit, the board is able to set conditions. Sanders said they need to protect citizens.

Baker said they do not want to be tied to those hours.

Ruben said the Bakers may feel like they are being singled out. The county does the same permit for someone building an elevator like the one on the Route 66 bypass and they did not put hours of operation on that.

Bateman asked what avenue for complaint there would be for neighbors if the board did not put hours of operation as a condition. He said without those hours, Bakers could mill until three in the morning and the neighbors could not do much about

Ruben said a noise ordinance was passed years ago, and if they went beyond those times, they could be cited for disturbing the peace.

Baker said they would accept the hours of operation from 8-8 because she just wants to be able to run the business.

Board member Gloria Luster said she thought it was ridiculous to put that condition on the Baker's business and that it seems like we are "making a big deal" out of it. Luster is bothered by these hours of operations when they have not been imposed on other businesses.

Rumler-Gomez said CAPCIL has helped the Bakers with their business plan and model and Bakers have done everything CAPCIL has asked them to do. The Bakers have reached out to their neighbors and Blinn Bates about the conditions the neighbors are concerned about. Rumler-Gomez said Bakers have even told neighbors they would sign separate agreements outside the conditional use.

Bateman said it is a private business and he does not think the conditions are unreasonable. He said the board has put "all kinds of conditions" on coal mines, wind farms, and the rock quarry. Bateman said he is just asking for one small condition that will help protect the neighbors who asked for the condition.

Bateman's amendment failed 7-4 with Dave Blankenship, Bob Farmer, David Hepler, Gloria Luster, Gene Rohlfs, Chuck Ruben, and Scott Schaffenacker voting no. Kevin Bateman, Janet Dahmm, Bob Sanders and Annette Welch voted yes.

Schaffenacker's main motion for Baker & Sons Tree Service conditional use case as amended at November 21, 2017 Regular board meeting passed 8-3 with Dave Blankenship, Bob Farmer, David Hepler, Gloria Luster, Gene Rohlfs, Chuck Ruben, Scott Schaffenacker and Annette Welch voting yes. Kevin Bateman, Janet Dahmm and Bob Sanders voted no.

Eleven board members were present: Kevin Bateman, Dave Blankenship, Janet Dahmm, Bob Farmer, David Hepler, Gloria Luster, Gene Rohlfs, Bob Sanders, Scott Schaffenacker and Annette Welch, with Board Chairman Chuck Ruben presiding. Emily Davenport was absent.

[Angela Reiners]