Salvage operator must clean up property
Staff reporter
An illegal salvage operation was scrutinized Monday by Marion County Commission. In the end, the commission gave Danny King of 1202 120th, Peabody, a conditional use permit for a junk yard operation with specific conditions.
The commission required King to obtain a survey of his property within 90 days and a fence at least 75-80 percent completed by Oct. 1.
County zoning administrator Bobbi Strait told the commission that the county planning commission had recommended the commission approve the permit.
Dallke said the consensus from those who were concerned about the condition of King's property was to see progress. The county had required King to remove junk vehicles from a county roadway.
Other issues were King's house parked on a neighbor's property, piled rubble, and proper disposal of waste oils and lubricants.
When King was asked what a realistic time frame was for cleaning up his property and becoming compliant to county zoning regulations, he responded that the state was the licensing governing body.
King said he was torn between the state and the county because he needed the approval of the county for a permit before he could be issued a state permit.
"I'm not going to put up a $10,000 fence and then be told I can't operate my business," King said.
Dallke said he was concerned about King's plan to use debris, from a demolished church, to reduce flood waters.
"You can't build and force flood water to flow someplace else," Dallke said.
King said he owned five acres and there were numerous culverts that allowed 210 acres to drain.
He said he also didn't understand why he needed a survey of his property when an existing tree line had been used as a boundary.
"I'd rather not survey it because that's another problem I don't want to mess with," King said.
A fence also was not what King wanted to use as a barrier or screen.
"The state allows a tree line to be used as a barrier," King said, which would not take up as much land as a fence with required setbacks.
"I don't want to stop a business from growing but there needs to be milestones of progress," commissioner Dan Holub said.
King said the state requires at least a three-foot high cedar tree be planted or a fence.
The process has been a frustration for King because he thought he was grandfathered in. As it turned out, King's operation was grandfathered by the county but not the state.
In other department business:
— Strait told the commission she had been approached by county lake superintendent Dale Snelling regarding a building permit to replace a mobile home at the county lake.
Strait said she couldn't issue a permit if the property was not properly zoned. Currently that area is not zoned which means it is considered to be agriculture use. She explained that the area could be zoned either a manufactured home park or travel trailer park but not both because of different required setbacks.
Dallke said he didn't understand why the park couldn't have both if the trailers were properly spaced. Strait responded it was because of fire separation concerns.
After further discussion, it was determined that more research needed to be conducted before any mobile home was replaced or zoning considered. Any zoning change also would have to go through the county planning commission.
— Strait showed the commission other pictures of illegal salvage operations in county road rights-of-way. Notices have been sent to the property owners.
