By Charlene Sims, info@linncountyjournal.com
MOUND CITY – Linn County Commissioners Alison Hamilton and Jim Johnson decided Monday, March 3, to ask Planning and Zoning Director Kent Harris to take the regulations for the minor plat provision and other regulation concerns back for a review from the county’s planning and zoning commission. Commissioner Jason HIghtower did not attend Monday's meeting.
That happened after the county’s on-call attorney Mark Hagen informed them that the plat that previous planning and zoning director Darin Wilson had approved had been done correctly.
Apparently in a closed-door session in February, commissioners had asked Hagen to hire another attorney to review Hagen’s decision. On Monday, Hagen told the commissioners that attorney had confirm Hagen’s interpretation that Wilson did comply with the regulations.
Hagen explained that the 10- acre tract was divided into five individual lots, three have been sold to individual homeowners. Hagen clarified that some homeowners in the area questioned whether the procedure that was followed to subdivide those lots was in conformance and complied with Linn County’s land use regulations.
“I reviewed it as a county counselor,” Hagen said. “I suggested to the commission and they exercised this option to get a second opinion on whether the previous director of planning and zoning had complied with the regulations and the answer from that attorney came back that it was.
“It did comply with these regulations and that the reason for it’s a way for homeowners to expediently subdivide their property that they otherwise weren’t using and sell lots, if that’s what they chose, as long as it conformed with the zoning of that particular property.”
In a phone interview, Hagen said that Andrew Holder from the law firm, Fisher, Andrews, Patterson and Smith was the attorney that had been contracted by Linn County for the second opinion.
Hagen said he realized that the residents near the property were not happy about the commission getting a second opinion, but as far as he was concerned this closed the matter.
Rural Parker resident Jan Longenecker had broached the legality of the approval at the Feb. 3 commission meeting. At that meeting, Longenecker implied that the Planning and Zoning Director Darin Wilson had allowed himself to get too close to the applicant and worked with him on changing the application to 20 acres for five homes as a minor plat.
Longenecker claimed that the Board of County Commissioners was bypassed in this process and what he and the people he represented wanted was for the issue to go before the county commissioners.
On Monday, Hagen told commissioners that they could have the current planning and zoning director take the regulations, particularly this provision that allows what are called administrative minor platting, and review it to see if it conforms with the will of the people going forward.
“I’d like to go that direction, but I just have a question on that,” said Hamilton. “Does that mean we would need to have all of the regulations go back to a public hearing if we change anything on our current planning and zoning regulations?”
Hagen said there would have to be announcements and an opportunity to for public input. He said he wasn’t sure if there would be exhaustive public hearings on it. If there’s going to be changes to the regulations that this commission approved and that the entire public bases its decisions on, he said the public would have to know there has been a change.
“I would like to send it back to the planning and zoning commission,” said Johnson. “They may have other things they want to change. But to look at this specific subplat.”
Hagen said the thought the commission could task the planning and zoning director to take the regulations back for a review from the planning and zoning commission. They can have public hearings if that is what is necessary focusing on a specific section. In this case the minor platting and major platting provisions in there.
Hagen said they could see if those regulations still going forward are what the county wishes to do. And if not, make the appropriate recommendations back to the board of county commissioners and they can change the regulations.
“I agree with that,” Hamilton said. “I think there are also few others that I would like to have the planning and zoning commission visit as well, regarding battery storage and data centers in Linn County.
“If we are going to go through the process again on revising anything in the planning and zoning regulations, I do believe you have to go through the public hearings. We need to address everything.”
Hagen recommended that the commission bring in the planning and zoning director and make clear what sections they want to have the planning commission look at.
Hamilton said that she would like Harris to come in on Monday, March 10, so that he could take that information to the planning and zoning commission meeting on Tuesday, March 11.
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