Greenhouse owner responds

The owner of the Little Yukon Greenhouse believes he and his sons are within their legal bounds of having their greenhouse up and running at the corner of Excelsior Road and Golf Course Drive, even though the city of Baxter has filed an injunction against them in Crow Wing County District Court.

Deloren Anderson, owner of the Little Yukon Greenhouse, said Friday afternoon that he hopes all his loyal customers will attend his court hearing on Wednesday to stand up for him and his business. He said that he believes the variance he obtained in 1998 - when he first opened up shop at that corner with the property owner's permission - is all that he needs to operate his greenhouse within the city. The greenhouse had not been open there since 2004 and was reopened this spring. According to Anderson's affidavit filed by his attorney in court, he defaulted on a contract for deed for the property in 2005 because his family wasn't interested in continuing the business.

However, the city of Baxter requires a conditional use permit, along with other necessary paperwork, including licenses and sales tax, in order to open the business. City attorney Brad Person said Friday that Anderson knew about those requirements ahead of time but did not apply for them before opening the greenhouse. Person said the city called, e-mailed, mailed and hand-delivered letters to have Anderson obtain a CUP but those requests also were ignored.

Person said three other landscaping companies have complained to the city about the greenhouse opening without a CUP. He said in the past the greenhouse had an agreement with the former Photo Center property owners to allow customers to enter the greenhouse sales area from that driveway but since Anderson hasn't come in to apply for the permit, the city doesn't know if he has that permission or not.

Person said there have already been two accidents at that busy intersection since the greenhouse opened.

"Everyone else has to follow the rules," explained Person. "We want him to be open, we like more businesses open in town, we just want to make sure it's safe. We gave him all kinds of notice that he needed a permit and he ignored that and never got a permit."

Anderson said to his knowledge there have not been any accidents at that intersection since they opened May 8. Anderson's affidavit states they have a non-exclusive easement for the driveway access to the corner lot and that parking is available on the property for the customers.

"I think these people don't have anything better to do," Anderson said of city officials who are trying to shut down his business. "They've invented problems to attack me."

Anderson said customers are thrilled the greenhouse is back at that intersection.

"They love the product, they love the service," said Anderson.

According to Anderson's affidavit filed in court, he and his sons felt there were no other options for them to sell plants and flowers and that since they had a variance that had been approved for the same type of business, they decided to open their business. They had invested $25,000 into growing their products.

The affidavit states that should Anderson's sons want to continue the family business at this location next summer or in future years, they understand they will need to apply for a CUP.

JODIE TWEED may be reached at jodie.tweed@brainerddispatch.com or 855-5858.