October 10, 2024 at 3:35 p.m.

County ordered to issue permit; new landowners don’t want to use it


By DENISE MARTIN | Comments: 0 | Leave a comment
News

A land use decision that sent Chisago County to the state’s Court of Appeals, has resolved itself with an almost unheard of outcome.  Everyone is able to relax. The new owners of the parcel aren’t going to develop a retail, music, gathering venue.  The former landowners won vindication, prevailing on appeal, but have moved on.  And the county got what it wanted all along in denying the permit.

The county in 2022 denied a Conditional Use Permit for an approximately five acre property, requested by Jim Goodpastor and Sherry Timmerman Goodpastor . On a site off Upland Ave. just west of Taylors Falls,    they wanted to operate a winery/gathering and live music venue and applied under guidelines for  Rural Retail Tourism.  

The permit was denied by the Chisago County Board after many neighboring property owners contested the proximity of this enterprise to a residential area, citing noise from traffic and general disruption they feared would affect the rural neighborhood.

In April 2023 the state Appeals Court was asked by the applicant-couple  to reverse this vote and the court agreed.  The permit was sent back to Chisago County for immediate approval.

The Appeals Court ruling explained that the county board had no “reasonable basis” on which to deny the permit. The decision stated those 17 conditions attached to the CUP would adequately do the job covering concerns about the business that were voiced in public hearings.    Highlighting one condition in its decision, the Appeals Court said the parcel met the mandated minimum size for Rural Retail Tourism uses in ordinance, saying the county declaring that the site was “too small” had no merit.  

 After all this energy and time devoted to this permit, the permit holders have moved on. 

The two opened a new venue “Bear Bones” which also offers wine, food, etc. and music, in a supperclub they rescued in Mikana, Wisconsin.  Jim Goodpastor also provides musical instrument sales, repair and instruction at this site.  It’s possible there were two irons in the fire all along, but there may never be ann answer to this or other questions, like —did the experience change their minds about wanting to locate in Chisago County,  or did the supperclub come into their sights late and simply present a better deal?   

The Press tried to contact them in Wisconsin but got no response. 

The purchasers of the rural Taylors Falls site, meanwhile,  notified Chisago County April 1 that they wished to vacate the permit.  The wine sales, live music and crowds envisioned via the Rural Retail Tourism CUP offer no allure to these new owners. 

The legal time period for the county to call for a new public hearing and give voice to anyone with something to say about the permit has officially expired. The County Board acted in putting a final stamp on the process last week adopting disposition of the permit.  



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