Delano Herald Journal

Serving the communities of Delano, Loretto, Montrose, MN, and the surrounding area

McLeod board denies salvage yard permit appeal



George Cermak’s application for a conditional use permit
(CUP) to continue operating his salvage yard on Highway 7, north of Lester
Prairie, was denied by the McLeod County Board of Commissioners after input
from Cermak, his attorney and community members at its meeting Tuesday.

Kyle Hegna, Cermak’s attorney, said Cermak has been working
to get into compliance with the court ruling and county ordinance.

“What we would like to do is define an area of his
(Cermak’s) property where he has to keep the vehicles contained,” said
Hegna. He said it would be easier to monitor a defined area than a number
of vehicles.

Hegna said Cermak would like the opportunity to have the
CUP sent back to the planning commission so an agreement could be worked
out that would include restrictions to help monitor the site.

The board asked Larry Gasow, zoning officer, to give a
brief history of the situation.

Gasow said the first complaint that was received in the
zoning office was in 1981 stating that Cermak had more than five cars on
the property. Cermak applied for a CUP for 10 cars at that time.

The Minnesota Department of Transportation got involved
in 1991 because of screening regulations that were set at the state level.

Cermak was not in compliance with the number of vehicles
or screening. The process of revocation of the CUP began in 1998. Gasow
said Cermak was not in compliance and his CUP was revoked.

The court ordered Cermak to have the number of vehicles
reduced to 50 cars by Nov. 12 and 10 by Feb. 1.

Cermak has a bill of sale for the vehicles from Tom Radtke,
who has been gradually taking them out of Cermak’s lot.

McLeod County Attorney Mike Junge said the yard is better
than last year, but still is not in compliance.

Cecil Martin, a neighboring landowner, said he believes
Cermak is trying to get into compliance, and the initiative he has been
showing says he will.

Bruce Stacken, a neighbor to the east, said if the original
complaints began in 1981, and keep resurfacing, common sense would see the
past history shows that it will not work.

Another community member said he felt Cermak is being put
in the position that his rights are being violated. He said there have not
been any calls for criminal intent to Cermak’s property, and Cermak has
done more for his neighbors and friends than he has gotten.

Sam Montgomery, a neighboring landowner, said Cermak brings
in business from outside the county. He would like to see the whole area
zoned commercial so people would have an idea of what will be going in there.

He also said the comment in the newspapers about Cermak’s
health and age should be retracted. It should not be an issue to whether
the CUP is granted or not.

Junge said the issue to look at is whether the area is
an appropriate place for a junk yard or not. “Somebody’s health should
not be consideration for approval or denial of the CUP, but should not
be an excuse for non-compliance either.”

Commissioner Sheldon Nies said the reason the issue was
before the board was because of non-compliance. He said the other major
issue is zoning of the area around Cermak’s.

Randy Cermak, Cermak’s son, said it boils down to Cermak’s
right to make a living.

Commissioner Mel Dose said he was in favor of giving Cermak
another 10 months to a year to get into compliance.

Nies made the motion to deny the CUP following the recommendations
of the planning commission. It passed on a 3-2 vote, Dose and Commissioner
Grant Knutson voted no.

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