City denies permit in gravel pit dispute

Sidney's planning commission denied Werner Construction's conditional use permit for a mobile asphalt plant at the Kielian gravel pit one half mile south of the intersection of Roads 20 and 117, east of Sidney.

The city attorney, J. Leef, who was not present at the Sept. 16 meeting, informed commission chairperson Jerry Spiker that the city should not issue a conditional use permit to anyone besides the land owner, which is the Kielian Family Trust, according to Spiker.

The Kielian family trust was given nine months, at the same meeting, to remove asphalt stored on its property in violation of its own conditional use permit. Werner Construction planned to use this material in upcoming projects related to the asphalt plant slated to be set up there.

The commission considered allowing Werner a conditional use permit after viewing a lease between the two companies.

Mark Nienhueser of the Sidney city council disagreed with those suggesting that a lease holder on the property could be issued a conditional use permit on that property.

"It says clearly in the codified ordinances that the owner has to be the applicant and pay the fee on there," Nienhueser said. "You can't make your own interpretation and choose who you want to take a lease from. You've got to go by the codified ordinances."

Nienhueser was adamant that the owner must apply for the permit. It doesn't matter that conditional use permits have been issued to lessees in the past, the city must go forward doing things by the book, Nienhueser added.

"At the end of the day, they own the responsibility for whatever happens on that piece of property, not the lessee," Nienhueser said.

The commission decided to close the public hearing without accepting the permit. Spiker suggested that Werner and Kielian come back to the planning commission's meeting next month with a request from the land owner for a special use permit.