by Dave DeMars
news@thenewsleaders.com
The Rice City Council struggled mightily at its June 6 meeting to decide whether a variance for the property at 225 First St. SW should be granted. But in the end, the council followed the majority recommendation of the Rice Planning Commission and granted the variance.
Gerald “Jerry” Legatt purchased the property with its quonset-style steel shed in 1996 and applied for the variance in April 2016 when he requested approval of his plan to make an addition to a large cold-storage shed that occupies lot 12 and 13 of a large plot owned by Legatt.
The shed was built some 60 years ago, Legatt said, prior to the implementation of present-day zoning. Legatt’s holdings occupy all but three lots of the entire city block, which is presently zoned R-1.
Legatt uses the building for cold storage of parts for his Internet business, which buys and sells parts for older snowmobiles. The addition would be 20 feet by 100 feet with 14-foot sidewalls, bringing the size of the building to 60 feet by 100 feet. The addition would be used to store personal property.
He maintains a variance should be granted since his request meets the setback requirements and is below the impervious lot-coverage requirements that dictate how much of a lot may be covered with blacktop or concrete, affecting soil saturation and water runoff during heavy rains.
Legatt said the addition would not degrade the city or neighborhood appeal, and would or could improve the curb appeal of the site, changing the appearance of the shed from that of a farm shed into an attractive modern building in keeping with city ordinances.
In an April 25 meeting of the planning commission, the issue of the variance was discussed and a May 31 public hearing date was set. At that meeting, the commission voted 5-2 to recommend approval of the variance.
Council member Brian Skroch, in summarizing the May 31 meeting, indicated the building as it stands is not in compliance with city ordinances but was grandfathered in since it predated current zoning regulations.
“The square footage of the building is greater than what is allowed for the parcel. There was a height issue, too. Correct?” Skroch said looking to planning-commission members in attendance at the meeting.
Kristi O’Brien, a member of the planning commission, added that plot was also out of compliance because of the number of buildings on the plot. O’Brien said approval of the variance request might very well cause many other requests for variances to be made.
She reminded the council the ultimate goal for the area, according to the comprehensive plan, is to have the area zoned commercial or business. She suggested the council might want to zone the area that way explaining even though it might be zoned commercial it would not have to be immediately used in that manner. That would allow Legatt to do what he wanted to do and at the same time advance a goal of the city.
“I don’t see that as a ‘lose-lose,’” O’Brien said.
The fact the plot in question is zoned R-1 creates limitations for use of the property. A B-1 rezone would enable residential uses to coexist with small-scale specialty retail uses and small-scale commercial facilities and offices where they will be easily accessible to adjacent residential areas.
Council member Allen Voigt then spoke saying if the parcel is zoned residential, it cannot be used for any business. It can only be used for storage, not a business.
“You can use up to 20 percent of your garage or your home for this business, but you can’t add on to your home,” Voigt explained.
“So if I am, then I’m going to be singled out,” Legatt said. “And everybody else in this city is going to be out of compliance?”
“I’m just saying what the R-1 code is saying,” Voigt said.
“I know what you’re saying,” Legatt said quickly. “Then you are going to put a bunch of little people out of business in this town. Just remember that. And that’s fine. You do what you need to do.”
Council member Chris Scheel wondered aloud about what to do about others who might also be out of compliance with city ordinances.
“I know for a fact there are six businesses in here besides his that are out of compliance,” Scheel said.
“Then that’s something we should be taking care of if we already know about it,” Voigt said.
“I just found out yesterday, and I didn’t even search that hard,” Scheel said.
Legatt joined the conversation, saying government, big and small, is just trying to nitpick everybody and run them all out.
“If you are going to make everybody else in the city compliant, you are going to run half of them out of town,” Legatt said.
Legatt continued saying the county assessor visited his home and he was given to understand that whatever portion of a home is used for a business, that portion must be commercially taxed.
“I guarantee you, if somebody wants to pick on me, I’ll guarantee you there’s going to be a whole lot of other people getting picked on,” Legatt warned.
The fact that state statute demanded the council take action within 60 days added more pressure to act. With that, the issue was put to a vote and passed unanimously.
Other actions
- Approved Rice Lion donation for Christmas decorations
- Approved Rice Lions building roof bid
- Discussed approval of joint powers agreement
- Approved resolution increasing annual fire-pension increase for Rice Fire Relief Association
- Received a report from the city engineer highlighting the projects that need to be addressed in the near and distant future. New water mains are a primary concern with some updating in sewer lift stations.
- Set Monday, June 13 at 5:30 p.m. to review applications for a new city treasurer. Interview times will be set on that date.
photo by Dave DeMars
Gerald Legatt, a local businessman who operates an online internet business selling used snowmobile parts, appeared at the June 6 Rice City Council meeting to request a variance when adding on to his shed which is located in an area zoned R-1 residential. The request led to a good deal of discussion and frustration among council members.
photo by Dave DeMars
Pictured is the large steel quonset owned by Gerald Leggatt at 225 First St. SW. Legatt uses the shed for cold storage of snowmobile parts that he buys and sell over the internet. Legatt has requested a variance so he could build a 2,000- square-foot addition on the shed. The shed was out of compliance with current zoning ordinances but was grandfathered in since it was built some 60 years ago prior to zoning regulations in Rice.
A plat map shows the downtown area of Rice. On the lower left of the map across the railroad tracks the plot owned by Gerald Legatt is highlighted. Legatt appeared at the June 6 Rice City Council meeting requesting a variance so he could build an addition onto a large steel quonset shed that occupies the site. The crosshatching on the map shows the approximate location of the shed. Legatt owns all but three lots on the block which is zoned R-1 residential.
