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<br />.fi 11..1.,I'V\ ~ - 1 ?i--f)Y <br />Winery soon will be able to host events <br /> <br />By Andrea Domaskin <br />adomaskin@forumcomm.com <br />Rod and Sue Ballinger are nearly <br />finished with a months-long quest <br />for city permission to host events at <br />their winery south of Fargo. <br />Fargo planning commissioners <br />granted Bear Creek Winery a condi- <br />tional use permit Wednesday. It <br />allows them to host events such as <br />banquets, receptions and parties at <br />their winery at 8800 25th 81. S, <br />Bear Creek Winery is not in Fargo's <br />city limits, but it's close enough <br />that the city has zoning jurisdiction. <br />The Ballingers' request ultimate- <br />ly involved city. county and state <br />governments. <br />Initially. the winery owners and <br />officials disagreed whether a city <br />permit was necessary. <br /> <br />The Ballingers maintained that a <br />North Dakota law dealing with <br />domestic wineries allows them to <br />host the events. <br />Others had a different in terpreta- <br />tion, and the Ballingers first <br />applied for a permit in May 2007. <br />In July 2007, the city approved an <br />ordinance that allows nonfarm <br />commercial uses on land with an <br />agricultural zoning designation, a <br />city staff report shows. The ordi- <br />nance - designed for cases like the <br />Ballingers' - created a conditional <br />use permit process. <br />In August, the Ballingers with- <br />drew their request but agreed to <br />move it forward again last month, <br />according to the report. <br />The approval could allow Cass <br />County to finish dealing with a beer <br /> <br />license for the winery. <br />The Cass County Commission <br />approved the license in October <br />2005, subject to further review from <br />the state's attorney's office whether <br />the winery must meet city zoning <br />regulations. <br />The state's attorney's office later <br />recommended the commission not <br />grant the license because beer sales <br />could violate city zoning regulations. <br />A February 2007 North Dakota <br />attorney general opinion stated in <br />part that wineries are subject to <br />local zoning regulations. <br />Fargo Senior Planner Jim Hin- <br />deraker said the County Commis, <br />sian could take up the beer license <br />next month. <br /> <br />Readers can reach Forum reporter <br />Andrea Damaskfn at 1701) 241.5556 <br />