Zoning committee discusses covenants

HURLEY — The Iron County Comprehensive Planning, Land and Zoning Committee discussed the topic of broken covenants on Tuesday.

The topic arose when the committee delayed approval of a conditional use permit for the construction of a 2,560 square foot accessory building in an residential-recreation (RR-1) zoned district at Camp Nokomis Estates on Sand Lake Road in the town of Mercer. The committee acted 4-0 to wait for the Mercer town board recommendation for or against the permit. Committee members John Sendra and Brandon Snyder were not present.

Neighbors of the applicant property were present to ask the committee if a neighborhood covenant had any bearing. The applicant is requesting to build a metal pole building when the 2004 covenant that is recorded with Iron County, forbids metal buildings and requires exteriors to appear in a manner that complements the wooded atmosphere, the neighbor said.

“A covenant is a civil agreement,” said Erika Roeder, the county planning, land and zoning administrator, in reflecting on legal counsel opinion on the matter. “It’s unconstitutional for the zoning committee or the zoning department to approve or deny something based on a covenant.”

A covenant is something that binds a community or a subdivision together to hopefully follow a set of agreed rules, she said. If a neighbor chooses to go against the covenant with something that requires a conditional use permit, then required letters would inform adjoining property owners of the proposed project and the neighborhood association could express concerns as a collective to the applicant.

If that does not resolve the matter the neighborhood association could hire an attorney to review potential civil charges for not adhering to the covenants, Roeder said. However, the county or the town board cannot deny a permit based on a covenant when the application meets all other requirements, she said.

An attorney who was present for another agenda item said that a covenant is a binding promise, but one that cannot supersede state statute. A covenant is a mutual agreement that places restrictions on what can or cannot be done with a property, and so the only recourse for compliance is for a court to uphold the covenant as a legally binding document.

“It’s a promise, right? You sign something and you promise to follow the rules,” said Anne McComas, committee member. “I think covenants are very, very important and one of the last tools that we have for local control over things like this. So if you have a covenant, get your neighbors together and have something to say about it.”

In other business, the committee approved an addendum and a revised certified survey map from Northwoods Surveying that adjusted for changes in removing structures, renumbering cabins, planning for future garage spaces and a workshop for clients with the Musky Point Condominium Association on Musky Point Road in the town of Mercer.

The committee approved conditional use permit applications as recommended by applicant town boards and following a public hearing for: 

—An accessory building at 4158W Branch Road with restrictions in from the town of Sherman.

—A tourist rooming house at 8434W U.S. 2 in Saxon.

—An accessory building at 7912N County G in Oma. 

—An accessory building at 12278N Spring Camp Road in Pence.

—A TRH at 5310N Golf Course Road in Mercer. 

—An annual RV permit at 4247W Finn Point Road in Oma.

—A TRH at 11500N Potato River Falls Road in Gurney, for no more than four persons based on the septic certification.

The committee postponed action on conditional use permit applications until a town recommendation for or against is received for: 

—An annual RV permit at 5799N Arrowhead Drive in Mercer.

—An accessory building at 3472N Tutt Road in Mercer.

—A TRH at 5157N Kimberly Lane in Mercer.