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Land near gun club rezones for housing

Subhead
Covenants would specify no contest for shooting noise
Lead Summary
By
Mavis Fodness

Commissioners unanimously approved rezoning 35 acres of general ag land in Luverne Township to a suburban residential district for a planned 20-lot subdivision east of Luverne.
Dean and Jennifer Tofteland, Luverne, made the application to develop Prairie Ridge Estates on property they own in Section 12 of Luverne Township.
The commissioners supported the recommendation from the Rock County Planning Commission to approve the rezoning request.
 
Rezoning approved by Planning Commission
The planning commission conducted a public hearing May 22.
Among concerns were the proximity of the subdivision to the Rock County Sportsman’s Club shooting range, the road leading to the planned subdivision, and property values.
Rich DeSchepper represented the Sportsman’s Club at the public hearing.
The planned subdivision’s eastern border would have three lots whose back yards are about 100 feet from the gun club.
DeSchepper said trap shooting takes place up to four nights a week at the club located at the corner of 111st Street and County Road 9.
Sportsman’s Club members want anyone planning to build in the subdivision to know about the potential for the nightly gun fire.
“Whoever is buying property there should be aware of the fact that we are shooting that much so they’re aware of it before they actually buy it (a residential lot),” he said.
Planning commission members supported the development of a property covenant, which a buyer would need to sign prior to development beginning in the subdivision
 
Covenant protects gun club’s interest
Dean Tofteland said he is working with Ed Elbers, who developed a property covenant for a subdivision he plotted in 2004, also in Luverne Township.
“We are going to write some language — or an agreement or something —that says when they buy the property, a hold-harmless agreement will stipulate they can’t claim that it (the gun club) is a nuisance,” Tofteland said.
Other potential nuisances could include the active Buffalo Ridge Railroad that borders the planned subdivision to the north and the Rock River Campground, which is located across a flood plain, to the west. The Chris Ashby Memorial Bike Trail loops through the subdivision.
Tofteland said an easement for the bike trail would go with the sale of the lots involved.
Trees and other vegetation would be planted as visual and noise barriers in a subdivision, which is a long-term investment for the Toftelands.
 
Future steps include plat approval
“It may be 25 years before this is completely developed,” Tofteland said.
Currently 111st Street, a gravel road, borders the planned subdivision’s south side. Preliminary sketches show two entrances into the Prairie Ridge Estates development, which breaks into three cul-du-sacs.
The design, completed by DGR Engineering of Rock Rapids, shows each of the 20 lots with plotted individual septic systems and planned access to Rock County Rural Water.
Land Management Office Director Eric Hartman said any improvements to 111st Street, which is a gravel road maintained by the Luverne Township, would be the fiscal responsibility of the township board. Likewise, any impact to property values would be better answered by the county assessor’s office, he said.
Hartman outlined the next steps for the commissioners, which could be approval of the subdivision and formal plat design.
“I have had informal communications from the folks with the city — if you have property within two miles of the city’s limits, the city has formal approval of parcel splits,” he said.
“It appears they may be looking to waive that duty. Once I have a hard documentation that they have waived that, we’ll come back with a planned hearing with the planning commission for the approval of the subdivision, and plat approval.”
Commissioner Gary Overgaard, who is a member of the planning commission, abstained from voting on both the May 22 recommendation for rezoning and the June 7 commissioners’ meeting approving the rezoning. He cited he abstained “due to relation.”

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