There's a conservative meme in various forms shared on social media that purports that Great Britain allowed colonists to do just about everything without government permission, and so 125 years ago [Editor's note: 1896--but who paid attention in math class, right?-- by which time we were taught the British were long gone], Americans weren't oppressed by such tyrannical instruments as hunting licenses or building permits or land use restrictions.
That seems pure nostalgia on the building and land use restrictions. We vaguely remembered from our years of living in Philadelphia and working at founding father Ben Franklin's Library Company of Philadelphia that the City of Brotherly Love's fear of fire led to some restrictions.
We weren't mistaken. At the McNees Land Use Blog, James Strong and Chelsea Bashi write in A Brief History of Zoning in Pennsylvania:
Zoning is, at its core, the municipal regulation of the use of land. Today, a municipality regulates the use of land by implementing a zoning ordinance. However, as far back as the 18th century, land use regulations were enacted in Pennsylvania. Early land use regulations in Pennsylvania and elsewhere were generally concerned with preventing the spread of fires. For example, an act was adopted in the 1700s that prohibited baking and barrel making except in shops or places built of masonry. After the Revolutionary War, a law was adopted that prohibited storing more than 30 pounds of gunpowder within two miles of Philadelphia. The concept of setbacks (i.e., the required distance between a structure and a property line) was implemented to provide for adequate distances between buildings to prevent the spread of fires.
That early restriction on storing gunpowder might get our freedom-loving Second Amendment friends alarmed, though we aren't sure any of them store more than 30 pounds of it in their homes within city limits.
There's a more comprehensive look in James Metzenbaum's The History of Zoning--A Thumbnail Sketch, published in 1957 in the Case Western Reserve Law Review. Metzenbaum writes that in 1692 during the reign of William and Mary, Parliament took note fires in Boston, and "first kernel of zoning was introduced into American soil," in forbidding Bostonians from building structures "more than eight feet in length, and seven feet in Height" with timber and wood shingles, while dictating the use of stone and slate shingles.
The nearness of buildings was also mentioned by Parliament.
He goes on to note ". . .the very first Act by the State of Massachusetts, after the forming of the United States, regulated the 'Prudent Storage of Gun Powder' within the town of Boston. This enactment represented the first step toward a 'Fire Zone' ordinance. The storage of powder was wisely banished to the outskirts and was no longer permitted within the city itself."
So what does this have to do with Caucus of One state representative Erik Mortensen, R-Shakopee?
We're trying to head off a "Patriot" defense of the lawmaker by his throngs of passionate but often uneducated fans after reading Joe Friedrich's report for WTIP community radio, State legislator stirs land use issue in Cook County:
An elected official serving in the Minnesota House of Representatives who owns property on Poplar Lake finds himself in the middle of a dispute with the Cook County Land Services Department regarding unauthorized construction.
Republican freshman state Rep. Erik Mortensen, of Shakopee, purchased the property in question in October 2020. The property is located on the far east end of Poplar Lake near the Gunflint Trail.
Mortensen, whose politics continue to generate news headlines across Minnesota in 2021, failed to obtain the necessary permits to build a new structure on his property near the lakeshore.
According to Land Services Director Tim Nelson, at some point this summer “construction started on what has been referred to as a shed, or a bunkhouse, on their property, and they were issued a cease and desist order from further construction since the placement of that structure is in violation of the setback distances to Poplar Lake.”
Nelson said in an email sent to WTIP that Mortensen and his wife, Kari, were “under the impression that no permit would be necessary due to the initial size of the structure being under the 160-square-foot exemption for permits, and stated that they were unaware that the structure would still have to adhere to the appropriate setback distances.”
Though local jurisdictions often set specific requirments for land use policies, it is the Minnesota Legislature, to which Rep. Mortensen belongs, that has authority and generally sets policy on this issue statewide.
WTIP reached out to Mortensen for comment on this story. He did not respond to multiple requests for comment.
After the initial cease and desist order was issued by the county, Mortensen continued with construction on the site, according to a complaint filed with the land services department Sept. 15, Nelson said.
The Cook County Land Services Department again visited the Mortensen property Sept. 15 to follow up on the verbal complaint. Indeed, additional construction had occurred on the structure in question following the cease and desist order, Nelson confirmed with WTIP. The violation will be presented to the Cook County Attorney’s office for further review, Nelson said.
Cook County Attorney Molly Hicken confirmed with WTIP that she spoke with Nelson about the situation regarding the Mortensen property. Though she declined to comment specifically about Mortensen, Hicken summarized what the county ordinance says about cease and desist orders and violations, and her authority to act under the ordinance.
“Land services has power under the Cook County Zoning Ordinance to issue cease and desist orders requiring a property owner from building, moving, altering, or using property in a way that violates the ordinance. The department also investigates all violations, notifies owners, and directs owners to correct violations within a reasonable time.”
When such a violation occurs, it is then reported to the county attorney who “shall take appropriate and immediate action on the matter.” This may include initiating action to “prevent, restrain, correct or abate violations or threatened violations,” Hicken noted.
Meanwhile, there is a hearing scheduled before the local board of adjustment on Oct. 20 to review a variance application submitted by Mortensen. Nelson said that until the hearing on Oct. 20, it was made clear that “no construction should be continued on the property until and if the variance is approved.”
Though he is a first term member of the House of Representatives, Mortensen is no stranger when it comes to media coverage. Mortensen was ousted from the ‘New House Republican Caucus’ in May 2021 and is not shy about his disdain for COVID-19 protocols and public health measures. More recently, Mortensen attended an event hosted by My Pillow owner and fellow Minnesotan Mike Lindell in which he claimed to offer proof that the 2020 presidential election was stolen.
Yeah, that guy.
The article notes that Mortensen purchased the land in October 2020. His Economic Interest Statement on file with the Minnesota Campaign Finance and Public Disclosure Board (screenshot below), was last updated on June 18, 2020.
The rules for reporting real property by a public official in Minnesota are found on page 10 of the Public and Local Officials Handbook at the CFB, with the guidelines for updating the report found on page 12. There are civil penalties for omitted information outlined on page 13, but we're not sure if these rules apply to Representative Mortensen's handling of the EIS.
We've contacted the CFB and asked for a response. We'll post it here if it arrives.
UPDATE: Jeff Sigurdson, director of the CFB, replies in an email that Mortensen is following the rules for the EIS:
Because Rep. Mortensen was first elected in 2020 he did not become a public official until he took office in January of 2021. The annual EIS statement filed in January of each year is required for individuals who were a public official in the prior year. So, Rep. Mortensen did not have to file a statement in 2021, the statement he filed in June of 2020 when he filed to be on the ballot is his current statement. Any employment or financial activity that occurred after the statement was filed in June does not need to be reported until January.
[end update]
In the meantime, our readers can ponder the tyranny of paperwork! Of land use regulation! Of the silliness of memes!
Related posts:
- Tabke: New House Republican Caucus and newer member state rep Erik Mortensen part company
- Mortensen warned Shakopee about busloads of paid protesters with riot gear coming to MN
- Mort gave followers colleague's personal phone number, but no bill number to call about
- [VIDEO] MN Reformer: Newbie Erik Mortensen jokes about getting HR complaint on first day
- Letter: MN Attorney General Keith Ellison declines invitation to Erik Mortensen's party
- Newest New House Republican to hold back yard party in Shakopee, invites Walz and Ellison
- Facebook fundraising: Jeremy Munson cashes in on "Give to the Max Day" for political campaign
- MAGASOTA's surprising speakers list for Northfield Trump Rally Minnesota 2020 Saturday
- MN55A: Mortensen deletes fake news about Tabke's views after area hunter calls him out
Photo: Poplar Lake Near Grand Marais via TripAdvisor.
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