Corner store loses first public hearing

Talk about it

A pair of zoning change requests were recommended for denial by the Mitchell Planning and Zoning Commission after an at-times fiery public hearing Tuesday at City Hall.

Opponents of the effort to change the zoning of a proposed convenience store at the northwest corner of First Avenue and Foster Street called the requests “immoral” and quoted the Bible while arguing against it.

The developers, City Councilman Doug Backlund and local businessman Robin Ackman, made two requests to change the zoning for three lots at or near the corner from an R-4 High Density Residential District to a Highway Oriented Business District, which would allow them to sell beer.

The planners voted 5-1 to recommend denial of one of the requests and 6-0 against the second. The recommendations will be forwarded to the Mitchell City Council, which will review them Monday night.

On June 28, the Planning and Zoning Commission approved a conditional use permit to allow the developers to open a convenience store at the corner. But Backlund and Ackman sought the zoning change to allow them to sell either off-sale beer or, possibly, on-sale beer, which would allow them to open a casino at the location.

Randall Pratt, who spoke at the June 28 meeting, returned to the podium Tuesday to speak against the zoning change.

Pratt asked three questions:

• Did the owners decide to build the structure now going up at the site and then ask for permission to sell beer?

• Was the commission aware of the number of children in the area, some of whom live nearby and others who are there because of the nearby Longfellow Elementary School and the Mitchell Aquatic Center?

• Did the developers fail to do their due diligence to seek the permits and variances before planning their project?

Pratt, who said he had worked in the construction field before becoming a pastor, quoted Luke Chapter 14, Verse 28, to the planners to make his point about poorly planned projects. It states: “For which of you, intending to build a tower, sits not down first, and counts the cost, whether he have sufficient to finish it?”

He continued the religious overtones as he left the podium. “My prayers are for the council and the planning commission to deny the request,” Pratt said.

Kathy Gouin, whose husband is a pastor, also quoted Scripture — Proverbs 31 — in asking the planners to reject the proposal.

Gouin said the safety of children in the area is her first concern. “My heart is for the children,” she said.

Nancy Torgerson, who lives in the area, said she used to live in Rapid City and saw her neighborhood deteriorate when a casino opened in it.

“I love Mitchell. It’s a great place to be,” Torgerson said. “It just doesn’t make sense to place it in a residential area and change the law.”

June Brewick, who has lived in the neighborhood for 40 years, said the area has many low-income families who would spend money in a casino. Brewick said that’s why the school district’s summer meals program is based at Longfellow School.

“It does not help them up the income base,” she said.

Ray Borgen, who lives across the street from the proposed store, said he was worried about the safety of children in the area as well as the impact of alcohol sales in the area.

Borgen, a recovering alcoholic who has helped lead the opposition to alcohol sales at the location, said he has spoken with several people who live in the area.

“The general consensus of those people is they don’t want the alcohol and they don’t want the casino,” he said.

Borgen, who spoke at the Oct. 4 City Council meeting and said then that he detests Backlund and Ackman, was less strident this time. But he said the rules banning alcohol sales in residential areas of Mitchell are clear.

“Why do these guys need special privileges?” he asked.

Another opponent made his case on both ethical and legal grounds.

“I’m amazed someone’s requested this,” Rollie Loon said. “I think it’s immoral.”

Loon, a former county commissioner who also served on both the Davison County and city planning boards, said it was a classic example of spot zoning, which he said is always a bad precedent to set.

Loon said he is concerned about the next step in the process.

“I’m worried about the council,” he said. “Because there’s too many friends involved.”

Backlund and Ackman attended the meeting with their lawyer, Don Petersen. Only Ackman spoke to the commission and the audience, which nearly filled the City Hall Council Chambers.

Ackman said between 4,000 and 6,000 vehicles pass through the intersection daily, which is why they purchased the property after Arnie’s service station closed last year.

“That’s why we bought it,” he said. “We saw the opportunity.”

He compared their business plan to Rob’s Short Stop at 215 N. Burr St., which sells groceries and also sells beer.

He also said there are other examples of spot zoning in Mitchell, particularly on Sanborn Boulevard.

But as the residents rose to speak against the proposal, the developers lowered their heads and stopped arguing. When the Bible was quoted a second time, they shook their heads in resignation.

After the vote, Backlund and Ackman said they weren’t surprised by the outcome. They said they will see what the council will do, although Backlund noted that he will have to recuse himself from the discussion and vote.

In other business:

• The commission recommended approval of the plat of Lot 14A, Block 1 of Westwood First Addition.

It gave a tentative approval recommendation to the plan of MSTM Properties at 1820 Linda Loma. The developer needs to bring an approved drainage plan to the city.

• It listened to a proposed zoning amendment for the planned development district south of Mitchell near Walmart that is owned by the Ethan Co-op Lumber.

The project has been slow to fill, and the co-op is seeking permission to either install mini-storage units or place some trees to serve as a buffer along the highway to make the area more attractive for residential development.

The planners asked Ethan Co-op Lumber general manager Dan Boehmer to send out letters to area residents to inform them of the proposals and then return for the next meeting Oct. 25.

• The commission was going to review a sign for Burnison’s Heating & Cooling, 1222 W. Havens Ave., but was told it already been installed.

Signs placed in a Highway Business District need approval before they can be installed. City Planner Neil Putnam said he was unsure how the city will proceed.

Tags: city council, planning and zoning commission, doug backlund, robin ackman, news, local, fccnetwork