By Lori EhdeWhen Jerry and Chris Reisch bought land near the Blue Mound State Park last fall, they planned to build a new home there, clean up the property and add a cattle barn. Because a livestock operation is considered a non-conforming use of land in an A-1 zone, they were required to apply for a variance to build a 40-by-104-foot indoor cattle working facility.The variance hearing Tuesday night brought more than 20 residents to the Human Services Building in Luverne.Concerned neighbors spoke of conserving the peaceful nature of the park and protecting their neighborhood from the sights, sounds and smells of a cattle feedlot that they feared would also threaten their water quality.They also encouraged the board to consider the intent of the A-1 zone around the park and that the board’s decisions have reaching effects for decades to come. For example, if not for a county decision several years ago, there would be a gravel operation near the bike path and cliff line hiking trails.Reisch and several supporters spoke of the rural nature of the area and that the property already had cattle, so improving the appearance of the lot with a new building would only improve the neighborhood.For the past eight years, Reisch has been moving cattle on and off the property that Greg McClure was renting."I’m not planning on doing anything different with it," Reisch said. "I just want to make it look nicer. I’d like to be a good neighbor."The essence of the variance request boiled down to a few key questions, according to Rock County Attorney Don Klosterbuer.He asked how many animal units the property was permitted for. Even though livestock is a non-conforming use of land in an A-1 zone, it’s allowed for Reisch as long as he doesn’t expand the non-conforming use.In other words, he can’t have more cattle than the previous land owner had, and, according to Klosterbuer’s interpretation, he can’t "intensify" the level of the cattle operation.Reisch said he was under the impression he was grandfathered in for up to 175 animal units because that’s what was registered on the property for the 2003 Rock County feedlot audit. That would allow for up to 200 feeder cattle on the roughly 17 acres in that location.But Klosterbuer said that 2003 registration represents an inventory of cattle on the property at that time. It doesn’t mean that’s the number that’s permitted on the property.In the variance application process, the law considers the animal units originally registered on the property, and in 2001, Greg McClure registered 66 animal units."You say you’ve been operating there for eight years, and you want to do the same thing you’ve been doing," Klosterbuer said. "Then how do we get from 66 animal units in 2001 to 175 animal units in 2003? The law doesn’t allow you to unilaterally expand that use."Klosterbuer said it’s important to make the distinction between Reisch’s cattle operation and the building permit."Is the variance request for a building or to expand the non-conforming use?"He asked Reisch how he’d describe the cattle business he plans to operate with the new building."Are we cow-calf operation or a feeder cattle operation?" Klosterbuer said.Reisch said, "Whatever the niche is in the market. I can’t answer that, because I don’t know what the values will be."Klosterbuer said it’s important to know, because a cow-calf operation wouldn’t affect the neighborhood or park visitors. They’re moved about once a year, and otherwise, the animals are relatively settled in the pasture.But a feeder cattle operation would represent truck traffic, noise from vaccinating, castrating and dehorning and smell and flies from manure in a confined space.Reisch said he didn’t do those things in the past on the property McClure was renting, but if he had the new building, he said he likely would.Klosterbuer said the A-1 zone wouldn’t allow construction of a facility unless he conforms to the pre-existing land use, which wouldn’t include the level of feedlot activity that feeder cattle would entail.Ben Vander Kooi, president of Blue Mounds State Park Partners said he attended Tuesday’s meeting for information."Frankly, after what I’m hearing tonight, I’m concerned," he said. He said the current cow-calf operation in a pasture isn’t a concern, but feeder cattle in the numbers Reisch is proposing would be detrimental."I would ask you to deny the variance," Vander Kooi said.The board has until mid-July to rule on the variance request.
