August 20th, 2009
The Lady with the White Pants
I'm assisting a client with developing 2  lakefront acreage lots in Carver
County. The Carver County planners are  wonderful to work with.
Once you get outside the incorporated cities in  Carver County the permitted
density for residential is only 1 house in 40  acres. If you have 80 acres
you can, say, split off two 1.5 acre lots and  keep 77 acres for agriculture
with no building rights. Because of this  policy rural lots are really rural
lots, unlike other counties or cities  that may permit whole subdivisions of
one acre lots with well and  septic.
The planner asked had thought about covenants? When we said we  hadn't gotten
that far he told us the story of the Lady with the White  Pants.
A couple moves out from the City to build their dream home on 3  acres in
Carver County out amongst the cows and corn. The lady comes home  from work
dressed in brand new white pants and lets out her two golden  retrievers. The
farmer had just spread manure on the adjacent  fields.
Well, dogs do what dogs do and rolled in the doo. Then came home  and jumped
all over the lady and her brand new white pants. She was FURIOUS,  and
complained to the county! So the county planner suggested this covenant 
should be recorded with the lot split:
"The area is rural and that  commercial agriculture and other rural land use
activities will likely be  occurring in the area. There may be "odors, dirt,
dust, noises, long hours  of operation and other factors associated with
agriculture and feedlot  activities".  Complaints relating to these
activities shall be considered  unwarranted so long as such activities are
being conducted in accordance  with existing standards."
The covenant did not include wardrobe  advise.
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