For the second time in less than a year, the Sherburne County Board overturned a recommendation by the planning commission and approved an interim use permit (IUP) for Sheldon Pool to hold a special haunted trail event on his 54-acre property on 261st Ave. in Livonia Twp.
The Trail of Terror event includes a number of small buildings along a haunted walking trail, which is operated by local youth during the Halloween season. Visitors are charged admission and all proceeds go to fund local youth programs.
Last July, the planning commission voted 4-3 to recommend denial of the IUP because they concluded the event would negatively impact other properties in the immediate vicinity. They also felt, among other issues, that there were not enough measures taken to prevent or control offensive odor, fumes, dust, noise and vibration so they would not constitute a nuisance.
However, at the August county board meeting last year, at the urging of Commissioner Rachel Leonard, the commissioners voted unanimously to approve the IUP.
Leonard spoke highly of Pool’s character and position as a member of the Livonia Twp. community, and said she didn’t feel there would be an impact on neighboring properties since Pool’s land was 95% surrounded by fields, forest pasture and sod fields.
This year, Pool was asking for an amended IUP for a permanent occasional special event, with the addition of a corn maze, pumpkin patch and a longer operating season (September and October). If approved, Pool would not have to come back every year for board approval.
Zoning Administrator Nancy Riddle said the planning commission voted to recommend denial of the IUP because they didn’t feel it met the definition of an occasional special event.
“There is no specific definition for an occasional special event,” said Riddle. “They (planning commission) felt it should have been a seasonal business, which is not allowed in a general rural district.”
Commissioner Leonard said she supported approving the IUP like she did last year. She said there were no complaints from neighbors about the event in 2014, and when she drove by the site during the Halloween season, she didn’t see excess lights or parked cars and didn’t hear any noise.
“How could anyone else be disturbed by it?” she asked.
She said the county and township set a list of 20 conditions that have to be followed under the IUP, so the event was being monitored.
“I have a heavy respect for local government, and Livonia Twp. approved it again,” she said. “I definitely would ask for approval.”
Riddle confirmed there were no complaints from neighbors to the zoning office or the sheriff’s department, and there were about 30 letters of support received by the county.
Commissioner Felix Schmiesing said the event wasn’t much different that the one the board approved in 2014. And Pool still had to follow the 20 conditions of the IUP.
“I can support this as long as I see it is ultimately the same as what was passed last year,” he said. “Rather than have him come back every year, if there is an issue, we have the ability to revisit it and The board approved an amendment to the Sherburne County Zoning Ordinance, changing the definitions of commercial daycare, in-home daycare and single family residence.
“This was done to clean up the ordinance,” said Riddle. “Ours was conflicting with what the state allows for number of children and the definition of what a single family constituted.”
In other zoning activity, the board:
•Approved the preliminary and final simple residential plat of Pollys Pickins, consisting of one new lot on 60.12 acres on 293rd Ave, in Blue Hill Twp.;
•Tabled a vote to amend the ordinance regarding storage buildings until there is more discussion with the townships.