The primary focus of the meeting was the petition from the Wayillers and Kenhammers, who requested a variance to establish a new dwelling on class two soil types, diverging from the ordinance requiring class four through class eight soil for such structures. Additionally, they sought a reduced setback from the ordinary high water level (OHWL) of the creek, asking for a 65-foot setback instead of the mandated 100 feet. The board discussed the petition in detail, noting that the structure was initially built as an agricultural building in 2021, and the change in use to a residential dwelling required compliance with different zoning standards.

During the discussion, procedural context was provided, including recent communication from the Minnesota Department of Natural Resources (DNR) following a site visit. The property, located in New Hartford Township, consists of 52 acres within a larger parcel of 180 acres, part of which includes Lanes Valley Creek. This creek, while not a designated trout stream, has a low-flow classification requiring a 300-foot buffer on each side to adhere to shoreland overlay regulations. The variance request was critical due to the planned addition of a 24 by 32-foot dwelling unit to the existing structure.

Eric, a representative involved in the review, highlighted the site’s elevation, indicating it stands 18 to 20 feet above the stream level, and confirmed the structure’s location outside the floodplain based on updated floodplain modeling. The board reviewed photographic evidence from a recent site visit, which showed the property’s natural state had been preserved, aside from minor tree clearing. The DNR’s concerns about maintaining the natural landscape were acknowledged, with assurances that significant alterations had not occurred.

The board then considered the implications of the petitioners’ plans for a septic system and a new well to support the proposed dwelling. These installations would require further compliance with multiple sections of the zoning ordinance. Questions arose regarding the necessity of the variances, given the building’s original agricultural designation. Eric clarified that reclassification to a dwelling necessitated a conditional use permit, invoking different regulatory standards.

The meeting also delved into a separate variance request concerning buffer regulations for agricultural land owned by Mike Kithammer. His property includes a newly built agricultural shed, which required clarification on the buffer zone enforcement adjacent to the creek. A 50-foot buffer is mandated during riparian area repair, prohibiting row cropping within that distance.

Kithammer detailed his compliance efforts, including the installation of 38,000 pounds of riprap to prevent erosion along the creek bank. He consulted with the ASCS office on land contours and runoff management, expressing confidence in his adherence to regulations. Kithammer described the shed’s construction, highlighting the use of high-quality materials intended for durability.

The board posed questions regarding the purpose of Kithammer’s shed, which is used for storing tractors, lawnmowers, and ATVs. The land, typically rented for cropping, faced uncertainty following the renter’s passing, though his grandson expressed interest in farming. Kithammer also discussed the creek’s flooding potential, noting, “I don’t think it’s at the deepest part… I at one time I seen some little minnows in there.”

Further conversations touched on setback understanding, with Kithammer expressing uncertainty about the 100-foot requirement. He acknowledged only receiving state electrical inspections, prompting discussions about the oversight of local zoning compliance.

Public input during the meeting included admiration for Kithammer’s land management efforts, with one attendee commending improvements made along the creek. However, concerns were raised about erosion, particularly along steep banks with exposed soil. An attendee emphasized, “there is currently erosion starting along that bank,” underscoring the need for stabilization through vegetation.