County Denies Rezoning Request

October 22, 2009 | Erin Herbold

Here, a developer purchased nearly 35 acres of land from a private owner. The land was zoned agricultural, but was designated as a site for future single-family residential homes. Four acres of the land was designated prime agricultural land under the plan, because of the high Corn Suitability Rating (CSR). The seller and buyer, together, petitioned to have the non-prime ag land rezoned for residential development. Though the county planning and zoning commission found that the land was part of a “planned-growth” area, they nevertheless, denied the zoning application. During the open meeting process, the “NIMBY” (not in my backyard) syndrome surfaced with several residents objecting to the proposed rezoning over alleged concerns about increased traffic, water drainage and simply not wanting additional development.  On further review, the County Board of Supervisors denied a request for rehearing, and the trial court affirmed.   On further review, the appellate court affirmed.  The County’s decision was supported by the evidence, the County did not act illegally, and even though the rezoning proposal was consistent with the County’s land-use plan the County was not required to grant the rezoning request.  Anhalt  Trust v. Bremer County Board of Supervisors, No. 9-443/08-1583 (Iowa Ct. App., Oct. 21, 2009)