Towing shop plan clashes with Mitchell-area residents, as county permit decision is delayed

Jul. 20—MITCHELL — At the end of a contentious discussion between representatives of a proposed towing business and neighbors, the Davison County Commission has tabled a decision on granting a conditional use permit west of Mitchell.

After 90 minutes of proponent and opponent testimony, the commission voted to table the issue, with Commissioner Chris Nebelsick telling the audience of about 40 citizens that "more information is needed."

Lowell Langstraat, 30, of Outlaw Repair and Recovery, is seeking a conditional use permit that would allow him to begin operating a new towing and repair location four miles west of Mitchell at 40525 254th St., the former location of Petrik Sanitation. It's on a section of the old Highway 16 — one of the busiest county roads in the area, with an average of 2,100 vehicles per day in that section of the highway, including plenty of truck traffic.

If the permit is approved, it will become the ninth business operating with a conditional use permit in the ag and residential zone, which runs along the roadway, with houses generally to the north and businesses to the south. A nearby sign business is next door, while another towing business and a dog breeding business within two miles.

But a number of nearby homeowners testifying that they didn't want the towing business to open.

The county's Planning Commission voted 5-0 on July 11 to recommend disapproval of Langstraat's conditional use permit application. That vote is non-binding for the Board of Adjustment, which is comprised of the county's regular commissioners. The conditional use permit will be considered again at the commission's Aug. 1 meeting.

Langstraat defended himself against claims from the July 11 meeting, which included complaints about his business previously in Hanson County. He also addressed complains about noise and lights from his trucks.

"With everybody's concerns about getting light from trucks trying to enter and leave the property ... I'll be as considerate as I can," he said.

A review of court action against Langstraat includes a wide array of legal matters, which have all been resolved. A 2020 conditional use violation complaint was filed against him in Hanson County, charging him with "accumulating junk, trash, or refuse" onto his property. It was dismissed after citing that he was "working with the zoning board" on a solution.

In 2018, he was charged in two separate misdemeanor filings, according to court documents. The first saw Langstraat illegally enter into a garage to repossess an unpaid 4-wheeler. He later pleaded guilty to illegally entering or remaining in a building, a misdemeanor.

Later that year, he was also charged with two misdemeanors for an altercation at another Hanson County towing business. He later pleaded guilty to illegally entering and refusing to leave, while another charge for simple assault was dismissed. He also has a history of speeding tickets, including two in 2021, and another in 2017 for which he was cited for driving 120 mph in a 65 mph.

But others vouched for him, citing that he had changed.

"Lowell was 12 years old when I met him and I've seen improvement," said Paul Turner, who moved to Mitchell in 2004. "You can judge a young man for his behavior. But when he improves his life, that's something that should be recognized," he said.

Langstraat added later: "If I can ask one thing from this community, just please give me a chance to prove to you that I can be a great asset," he said.

He was joined at the meeting by a handful of supportive business owners and tow truck owners, who argued for the economic and safety benefits the towing business would bring. They asked that the permit be given, with attention to the fulfillment of its conditions.

But they were in the minority; many residents were adamant — the business has no place there. They believe it to be a residential area, and voiced their opposition to the permit, which centered around safety, noise and light concerns, arguing that the long-standing problems would be exacerbated if the towing business goes into action.

"We understand he would like to expand his business," Catherine Frank told the Mitchell Republic during the meeting. "But it does not have to be in a residential area."

Signing off on a conditional use permit in Davison County requires checking off

eight categories of potential harm

; many, if not all of the line items are relevant. For example, one criterion is a safety assurance for neighbors entering and exiting their own properties.

"There were trucks running all weekend long," said Mary Ellen Zeller, a resident who lives near Outlaw Repair. "I've got two little kids and we've got pets — our neighbors and our little kids are out there as well."

Other landowners expressed complaints about truck drivers using engine braking, a type of brakes equipped on semi-trucks that emits a loud, harsh sound when used.

In making their decision, the county commissioners — sitting as the Board of Adjustment — will refer to two county ordinances, the first being the eight-part ordinance and another requiring that no harm is done to the public interest, regardless of benefit.