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  News 10/28/02

Millville nixes mink farm in residential area

By Myrica Hawker

MILLVILLE -- The Planning Commission voted unanimously Thursday to deny Larry Mathews's request for building permit clearance for additional mink cages and an outbuilding. The request was denied because mink farming is not a permitted use within a residential zone.

Half the seats in the city office were filled with Mathews' neighbors who do not like the effects mink farming has on them. Mayor Gale Hall said the minks are fed ground chickens and other meat that is almost spoiled to improve their coats. This creates problems with a disagreeable odor and attracting a great deal of flies.

The city's attorney sent Mathews's a letter to inform him that he should have secured building permits before he erected two new mink sheds at his farm, located at 592 N. Main. The letter also said the two mink sheds are an illegal expansion of non-conforming use in an R1 residential zone, which can be punished as a Class B misdemeanor and result in jail time or fines.

R1 zones are designated for single-family and two-family detached dwellings. There are provisions for some agricultural uses, specifically tilling soil, raising crops, horticulture and gardening. Keeping and raising domesticated animals is also permitted, but minks are not one of the animals listed in this category. Farming of minks, which are small mammals similar to weasels, is approved for commercial zones under Utah state law.

Another issue raised by whether mink farming is considered agriculture is that Mathews doesn't have a business permit, because they aren't required of agriculture.

Mathews said his actions are covered by a grandfather clause, which loses its protection when changes such as the addition of more sheds are made.

When given a turn to address the issue, commissioner Bob Bates said, "I do have a problem with this. I don't think we as a P&Z should even be looking at it at this time."

Bates said the zoning regulation and ordinance violations needed to be resolved before building permit clearance is granted.

"Regardless of personal feelings, I still have to go along with the ordinance," Bates said, after saying he is a big proponent of land rights.

After denying Mathews' request for building permit clearance, the commission told him he could appeal the decision to the city council and request the R1 zone be changed to a commercial zone.

In other business, the commission approved building permit clearances for a single-family dwelling for both Greyeye Construction at 460 N. 200 East and Melora Bracken at 465 N. 200 East.




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