Planning Commission

The Metzger Annexation will probably be withdrawn

Last night during public input (FF: 39:20), Matt Metzger attended the city council meeting and spoke about his disdain over being thrown under the bus to the media by Planning Department employee, Albert Schmidt. He said, it made him look like a freeloader for not paying city property taxes. But he explained that on 3 sides of his property, none of the land has been platted. He also said he pays for city water, and that Lincoln County plows his roads.

His testimony must have struck a nerve with someone because the planning department announced today that they will request a withdrawal of the Metzger annexation during the Jan. 3, 2017 regular meeting.

Was the Planning Department going to Annex without proper notification?

If you were listening to Stehly on the B-N-B show, she mentioned a resolution on the city council agenda tonight for the city to annex private property (Item#40).

This isn’t an entire neighborhood, this is just one home. Stehly said the planning department told her that the man was sent a certified letter, but out of curiosity she called the person to see if he was testifying tonight. He had no idea they were going to annex his property tonight or that it was on the agenda.

Now that’s customer service!

UPDATE: The Wind Haters will make their case Tuesday Night at the Lincoln County Commission

UPDATE: After sitting through 2 hours of testimony from the Wind Haters and Reality Lovers the Lincoln County Commission decides to compromise the setback of 1 mile to 3/4 mile (5280 to 3960 feet). Commission Chair Mike Poppens was the only commissioner to vote against both the original motion and the compromise. His argument was fantastic, paraphrasing, “No one has shown me evidence that wind towers would be any less harmful with a 1200 foot setback (current ordinance) then with a 5,280 setback . . . (besides) that is not the conversation, the 5280 foot setback basically eliminates wind towers in Lincoln county, if we want to have that conversation, let’s have it, because that is all this setback would accomplish.”

But before the compromise, it appeared it was going to fail due to a tie on the commission (Gillespie had to excuse himself because he or his family is investing in the project) 2-2. If it would have failed, it would have stayed at 1,200 feet. But Jim Schmidt threw a hissy-fit that they had to pass something last night, and got Dan King to go along with the compromise, and while they were voting, you could see Schmidt winking to some of the wind haters sitting in the crowd.

What a sh*tshow.

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Cameraman Bruce hopes to film the meeting that starts at 7 PM in Canton;

LINCOLN COUNTY BOARD OF COMMISSIONERS Lincoln County Commission Meeting Room 104 N. Main, Canton, SD 57013

Tuesday, November 22, 2016 7 PM

Public Hearing 1. An ordinance of Lincoln County, SD, amending the 2009 Revised Zoning Ordinance for Lincoln County by amending Article 6, C Commercial District, Section 6.03, Permitted Special Uses. Section 1. That Section 6.03(A) of the 2009 Zoning Ordinance for Lincoln County, SD, is hereby amended. 2. An ordinance of Lincoln County, SD, amending the 2009 Revised Zoning Ordinance for Lincoln County by amending Article 12, Additional Use Regulations, Section 12.02, Wind Energy Conversion Systems. Section 1. That 12.02(C) (not including 1- 10), of the 2009 Revised Zoning Ordinance for Lincoln County, SD, is hereby amended. 3. An ordinance of Lincoln County, SD, amending the 2009 Revised Zoning Ordinance for Lincoln County by amending Article 12, Additional Use Regulations, Section 12.02, Wind Energy Conversion Systems. Section 1. That Section 12.02(C)(2), of the 2009 Revised Zoning Ordinance for Lincoln County, SD, is hereby amended. 4. An ordinance of Lincoln County, SD, amending the 2009 Revised Zoning Ordinance for Lincoln County by amending Article 12, Additional Use Regulations, Section 12.02, Wind Energy Conversion Systems. Section 1. That Section 12.02(C)(4), of the 2009 Revised Zoning Ordinance for Lincoln County, SD, is hereby amended. 5. An ordinance of Lincoln County, SD, amending the 2009 Revised Zoning Ordinance for Lincoln County by amending article 12, Additional Use Regulations, Section 12.02, Wind Energy Conversion Systems. Section 1. That Section 12.02(C), of the 2009 Revised Zoning Ordinance of Lincoln County, SD, is hereby amended by adding a subsection to be numbered 11.

Does a private business have a 1st Amendment right to paint a mural on their property?

mural-disclaimer

Mural image; Argus Leader Media

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As a commenter pointed out, the irony of code enforcement cracking down on a private business for painting a mural, but allowing students to paint on publicly owned property their religious beliefs and being protected by a ‘disclaimer’ is a bit hypocritical. Could the business owner put a ‘disclaimer’ on the mural to exempt themselves from city code? Besides, the US Constitution is the highest law of the land, it trumps city charter.

Food for thought.

Is it time Sioux Falls changes the definition of business murals?

mommymural

Sometimes murals are obvious adverts, but sometimes they can be subtle and quite artistic;

“The purpose of the sign code is so people can advertise their business without overdoing it,” Jeff Schmitt of City planning and zoning said.

In other words, Jeff Schmitt with City Planning and Zoning says a business can have a sign, or it can have a mural, but it can’t have a mural as a sign.

“So is it a mural or is it a sign? Art is art, but a sign is what they put in the mural,” Schmitt said.

While I understand the city’s argument on this, I think it is okay for a mural to be an advertisement for a business as long as it doesn’t use words or lettering and artistic in nature, such as this mural is.

Gaddis, who admits she didn’t check City code, spent a lot of money having the mural painted. Now she’s being told it’ll have to be painted over or she’ll face multiple fines until she complies.

Yeah, Big Daddy doesn’t like it when you don’t ask for permission. I think it is time to get more lax on the mural laws.