##VIDEO ID:7OjF9n7Xvj0## I will call the Clay County Planning Commission in order roll call has been taken do have a motion to approve the agenda Move Motion motion made by Joel Second by Laura all in favor single by saying I I opposed approval of minutes from September 17 2024 do I have a motion to approve the minutes so moved motion made by Laura second by Ashley all in favor single by Sayan I I I oppos approval ad minuted citizens to be heard is there anybody in the audience that wishes to speak on something that is not on the agenda is there anybody in the audience wishing to speak on something that is not on the agenda one last time is there anybody in the audience wishing to speak on something not on the agenda hearing none we'll move on to public hearings Michael and Diane zarling request for an interm use permit the applicant is seeking an interm use permit for a second dwelling on parcel on a parcel at 10738 19th Street South Morehead Minnesota 56560 parcel id1 19028 4201 in part of the West half of the southeast Corridor of section 28 kurts Township do have a motion to open the public hearing on motion made by Joel uh PA Paul second by Ashley all in favor single by saying I closed Matt public hearing is now open yeah thank you Mr chair so this is an interim use permit request for a second dwelling on a parcel the uh location is just on the east side of um rusted south of Morehead uh zoning of this parcel the base zoning district is agricultural General right next to to rusted which is zoned agricultural um service center and a temporary second dwelling on a parcel with that already has a primary residence on it is permitted uh as an interim use in this zoning District so the request is to place a double wide manufactured home on the parcel already has a primary residence the the applicants and the property owners their intention is to move in into the manufactured home and then their son and granddaughter would move into the house so from our code you can have a second dwelling on a parcel to be used by uh parent grandparent children sibling by Blood marriage adoption other special relationships um the dwelling must be a manufactured home not be placed on a permanent foundation must have a septic system that meets County Health requirements must share a common well with the principal dwelling can't have more than one on an allowed on a parcel and the parcel must be at least 5 Baker size and this request would be have the potential to meet all of these uh criteria I would note just take this opportunity to note that as part of the development code update too which we can also talk about is looking at adding something called an accessory dwelling unit which is kind of a more I guess modernized version of this that just allows for more flexibility in these types of Arrangements um as opposed to being limited to this you know type of of dwelling and things like that and requiring a interim use permit so some additional property information there is an existing uh manufactured home on the property could likely been used as second residence that would need to be removed there are approximately 27 Vehicles there's boats there's other kind of odds and EDS stored Outdoors um we do have standards for the storage of Auto Automobiles and other items that could um fall under our county code for 86-23 the outdoor storage of automobiles and then we also have um 8-5-1 nuisance uh conditions as well and so these standards are as follows um if you're storing an automobile outside if you have an if you're storing them indoors and they're not licensed um they're not insured or roadworthy you can store as many as the building can hold um right now they have that that's um vehicles that don't meet those standards are limited to to two um they have to meet setbacks and screening and you just can't store automobile parts something that all this could also potentially change as part of our code update as well I should note there's also the national Wetlands inventory um something we review for every request that comes before you uh indicated the presence of wetlands on this property on the the north side and the South Side there appears according to this aerial imagery the aerial imagery to be Vehicles what might be in a wetland um putting vehicles in a wetland would be considered a VI violation of the wetlands conservation act that so um they would need to be removed because they'd be considered fill essentially you cannot fill a wetland um this would need to be verified though before um if there is actually a wetland there or not so the comprehensive and transportation plan goals and objectives that are related to this request we have housing goals and objectives we to a goal to support additional options that give people in all life stages and of all economic means viable choices for safe stable and affordable homes and allowing for a temporary second dwelling uh on a parcel supports the school we also have a goal to recognize the diversity of living and working working Arrangements in the unincorporated areas of Clay County uh a response uh to or uh how that goal relates to this request would be that family circumstances and situations May necessitate living arrangements not currently permitted by writing the Clay County development code and permitting a temporary second dwelling on a single family residential parcel provides a means for family members to live in close proximity to one another uh we also have an objective under this goal to recognize multi-generational and temporary agricultural work working living arrangements by permitting accessory dwelling units on properties that can adequately provide for water and sewer and this proposal would meet those those standards uh the second dwelling would need to share a well with the primary residents and have a separate permitted septic system any questions for me at all on this request so I have one question Matt yes if they would just split the property and add a second dwelling on that if they do if they do a split instead of this they would be able to do it just by you guys signing it right yep if they wanted to actually yes they could do that there I mean in that quarter quarter there's there isn't two houses already in that quarter quar no they wanted to subdivide the property want to sub be done that way yeah anybody else have any questions for Matt if they uh remove the one property I mean the one mobile and put another one on its place is that correct is that the plan didn't you say there is one mobile I think it's Salvage um there would be need to be moved off so the place of where this one will be going uh there's no septic system there yet or that's my understanding yeah so that'll be a condition or whatever yeah anybody else have any questions from mat has you heard anything from the township uh I did hear from the township um they just had questions about uh residential density uh it's it's a in in Kurt's Township they like to keep the residential density to one per one residents per quarter quarter um hearing this request though made sense to them they had initially said that um the property owners um Mr and Mrs Arling would have to go and obtain a variance to their rules but they did all talk and they said that um if this permit were to be issued that they would just go ahead and and approve the the variance without a meeting or anything like that so it would be approved by the township anybody else have questions from it would the applicant like to come up and speak if you want to come up to the podium I've never done anything like this so I have no idea what to even well f f first state your name for the record Diane zling all right so I I have a question for you you plan on moving on a manufactured home yeah is is there a is there a second septic system on that property not as of yet I talked to pent and um we're working with him right now but I didn't want to do anything until I no that make that makes perfect sense till I know what's going to happen all right does anybody else have any question for the applicant thank you for coming in is there anybody in the audience that wishes to speak on this matter anybody in the audience wishes to speak on this matter one last time anybody in the audience want to speak on this matter hearing none does anybody have any questions for Matt or the applicant if not do I have a motion to close the public hearing so moved motion made by Joel second by Laura all in favor single by saying I I all opposed public hearing is now closed we will go through findings and facts number one effect of use in granting the interm use the Planning Commission shall consider the effect of the proposed use upon the health safety morals and general welfare of occupants of surounding lands existing and anticipated land use traffic conditions including parking facilities or adjacent streets and land and the effect of agricultural usage and values of property and Scenic views in the surrounding areas and the effect of the proposed use on existing comprehensive plans number two the enjoyment the use and enjoyment of other property the interm use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the purpose already permitted and has sustainably diminish or impair property values within the immediate vicinity the use would not impact the use and enjoyment of other property nor should it impact the property values in the vicinity number three development of surrounding properties the establishment of the interm use will not impede the normal or orderly development and Improvement of surrounding vacant properties for use predominant in the area number four util access roads drainage off street parking and loading spaces adequate measures have been or will be taken to provide utilities access roads drainage off street parking and loading spaces number five nuisance conditions adequate measures have been or will be taken to prevent or control offense of odors fumes dust noise vibration water pollution soil erosion so that none of these will constitute a nuisance and to control lighted signs or other lights in such manner that no disturbance to neighboring properties will result result number six burden on public services the use will not create excess burden on Parks streets schools water supply sanitary sewers storm sewers and other public facilities or utilities which serve or are proposed to serve the area number seven compatibility the use will be sufficiently compatible or separated by distance or screening from adjacent agricultural zoned or used land so that existing homes will not be will not be depreciated in value and there'll be no deterrence to agricultural use of said land the use would mostly be screened by trees and separated by distance from adjacent Agriculture and residential land number eight appearance of structure in sight the structure in site shall have an appearance that will not have an adverse effect upon adjacent Residential Properties there are no adjacent Residential Properties number nine relationship to overall needs the use is an opinion of the Planning Commission reasonably related to the overall needs of the district under the existing land use in casee of a flood plane area the proof of the location is necessary for facility operation and the alternative sites not sustainable for flooding or are not available number 10 consistence with the ordinance the use is inconsistent with a purpose of this ordinance with the purpose of the zoning District in which the applicant intends to locate the proposed use the use is in consistent with the CL County development code as it is permitted as an interm use in agricult general zoned District number 11 conflict with the comprehensive plan the use in conflict with the comprehensive plan if any of this Township city or county 12 traffic hazards congestion in flood plane areas the use will not cause traffic hazards or congestion in flood plane areas and as say access during flooding for ordinary and emergency vehicles number 13 existing businesses existing businesses nearby will not be adversely affected because of curtailment trade brought to boat by intrusion of noise glare General unsightliness then Matt has six conditions here Matt you want to go over those six recommended conditions yeah Mr chair so recommended conditions for this permit would be uh number one applicant must buy must abide by the provisions of the Clay County Land Development ordinance uh two method of waste disposal would be approved by Clay County Environmental Health uh three existing mobile home to be removed from the property within 30 days of in is issuance of this permit uh four the permit expires when one of the following conditions are met there's a change in partial ownership second dwelling is no longer occupied uh or other um other occupied by um parent grandparents children siblings by Blood marriage adoption or other special relationships consistent with the purpose uh five prior to placing the second residence on the parcel the applicant must reach out to the Wetland Conservation act coordinator to resolve any po potential potential Wetland violations I think that should be fairly simple have Tony Nelson come out determine if there's a wetland it's one of those things too where if it is you're just basically moving moving the cars off should be out of that Wetland area so that should be pretty simple um and then also to work with Klay County Planning and Zoning staff to determine uh whether or not the property is in compliance with our standards for the outdoor storage of automobiles and if it is not found um just have the property become compliant within one year of issuance of this permit or the permit will expire um I should note too with that um been working on a number of properties in the county um with regards to this uh compliance with this specific St or regulation in our ordinance um we do have a abandoned automobile or junk automobile program through our Solid Waste Department um where we can get someone to come out and remove those vehicles um so that is that's something that we offer through the county any questions on the conditions I have one comment on condition three yes instead of giving them 30 days from the issue of this permit should we do it they can't place the new home until that that old mobile home is gone but I mean to get a contractor within 30 days I would think would be very tough to dispose of that sure you could make it before that new one arrives that old one has to be hauled off yeah you could do that then that gives them time to get it cleaned up and because 30 days to get a contractor in or if if that's who's going to do it or find someone to clean up something like that or if you're going to demo it or I mean that's that's not much time in that world what does everybody think on that I mean well I'm good I was one of my notes and and I was going to refer to number six um so why aren't they required to be compliant before the permit is granted in like everybody else in other situations so Mr chair and commissioner hbr I think this is one of those situations where um you're dealing with someone I guess giving folks a little bit more uh Grace um when dealing with a living situation where it's going to impact um where they might be living um and so I mean it's ultimately up to the the Planning Commission but just getting them into a place where they can live you know for the for the winter and giving them the opportunity um whereas you know if it's a if it's not if it's a request that's not related to you know having a having a shelter and having a dwelling I think maybe that would be a different case but that's essentially why the recommendation would be to give them a year MH that makes sense so um Matt going back to back to the autos on the property when you had that up on the screen there whatever the rules were you you made a comment something in that might be changing in the code what what what is that specifically that would correlate to what is it's possible it could be relaxed a little bit just because it's pretty strict right now for rural areas and do you expect that um new ordinance to be in place within the next year yes that's another reason I think i' give a little latitude to this number six yes well and Mr cheer we don't we haven't been out to and Mr hild BR we have not been out to the property so we don't know the state if they're licensed insured or how many cars are licensed insured or Road War there so we we would have to make that determination too we haven't made that determination yet so going back to my number three there are we in favor on changing that or leave it the way Matt has it I would agree with you I think giving him a little bit more time to get that out and exactly what you said don't put the new one on until the Old One's off I think that's that's fair enough and then I just wanted to ask too about number six um since we talked about it are they on a heavily trafficked Road where people are seeing all these cars you I see that they have a lot of trees out front where there you know is it blocked already you can see them from the property I'll just pull up um rusted here I mean I think that would be a reason to be more lenient I guess in this case if it's not something that everybody Drives By every day me just yeah visible from 110th Avenue here and then you just have a lot of residential across the railroad right right away as well and this is the property and we've certainly been down this road before with abandoned vehicles so to speak so um and once again I I just think I'd be in um for them to have their new place put on there they're going to have to have a certified saftic system yep correct so I mean this whole thing's going to take a little bit of time correct I don't know unless they have a someone lined up someone lined up already I'm debating on I'm just thinking about what you're suggesting but I am yeah and Mr chair too if you have any clarifying questions for the applicant you can I know the public hearing is closed but you certainly can ask them I don't I don't have any other unless come up I got a question I guess yeah come up Sate your name again for the record please Diane zarling do you have a septic installer ready lined up to go and I've talked to a gentleman and I've talked to Kent and we're waiting on this to hear what we can to move forward on that yes my the land is cleared I'm ready to go for where the trailer is going to be it's it's cleared off off it's ready to set the pillars pillars pillar things yep so that area that it's going in is all cleared off have you talked to anybody about removing the old trailer house we moved it to the one side for right now because I can't I don't know who to get to move it I mean I don't to do with it our thought was we're going to just tear it apart and work on tearing it down tearing it down and out of the bottom of it or something y he you reached out to the soand waters particularly the our wacka person Tony Nelson in the last 30 days to check out the wetlands I didn't know I had Wetlands I've lived there almost 40 years didn't know that didn't hear I didn't have any idea about that until he told me it might not either that's correct that is and a lot of cases it isn't but um there's Tony will find that out though when you yeah and understand that's more about just moving the cars that's an easy fix yes really very simple yeah and and just another um thing to say is the road that we actually live on is a dead end I mean it's just me and one other person down the road everybody else is I call it the right side of the tracks but my husband says it's the wrong side but you know and otherwise there's just field all the way around us yeah thank you yep any other comment do you have a motion to approve with conditions Mr chair did was there a clarification on um number three on how you wanted that to be worded I would word it as no I'm not making the motion but I would word it as before the new one shows up the old one has to be demolished or haul off that gives them some time because I mean you're going to demo whether that's going to take time or finding someone to haul it off is going to take some time I believe anyways now I don't so we aren't closed yet are we no no okay well the public hearing is closed oh but we can talk we can ask them questions okay can I yeah you want to come back up to the microphone please do you have your new trailer lined up to come on the property about what time it I have a purchase agreement for a trailer however it's on contingency that I get your permission to put it out there okay um so yes I have it already and what is if if it were perfect world yep when would you like to have that trailer on your property days after I pour my pillars which is this fall or next week we're hoping to get it all done this fall um he said he can move it within 7 to 10 days after the pillars have been put in and you understand that you would need a certified public or U uh septic system hooked up to the property yes and the well before you can inhabited we have the well I have the point of entry for a well to be used I have a one of those fire hydrant out there yeah I gotta yeah okay so here's have you talked to the person that's bringing the new mobile home or home in there to to off the old one he doesn't it's from B selling out of his business yeah the trailer that is in question is is not anything that's livable it got destroyed in a the winds the wind took the rof off of it right oh I mean it's out of the way right now it's just a matter of getting it tore down or finding somebody that will haul it off it off or tear it down for you yeah and it is not easy I went through it at the Lakes already yep Dave second ma'am uh I understand commissioner Bear's number three idea of of uh getting it removed but it looks like you're going to probably get the trailer on there sooner than you're able to get somebody to pull the old one off I think we should give them some time yeah you know 30 days isn't a magic number no we could have it whatever we want it to be um I mean they got so much there's so much moving parts now that I think they just need to focus on getting something set up you know cuz it's getting cold soon so it is and I don't know if does 30 days seem like a reasonable amount of time to to remove it or I have no idea I was hoping I would have until it's hard to answer that question next spring to do it the the other option it would be is just get rid of three completely and just put six on there because you'd have to have that cleaned up with six correct you could just roll that was going to be roll that into number into number six y give them a year to clean one year to yeah to clean up that old trailer house would be awesome that's reasonable that's reasonable just for clarity can I just add one would you be fine with just saying within one year with one year can I ask a question on those cars if they're licensed with that anti or forever license yeah are they then legal they're insured I believe they're insured yep in roadworthy if you could go to the microphone and I think all but about probably two of them out back fall in the uh age bracket of being collector cars so and there is a couple of them for sure that uh are we already got collector plates on them and uh they are they're definitely collectors and we got one up front too there it's definitely a collector it's a it's a pickup that there was only 600 of them made in the year yeah what I've been told yeah Mr chair I'm happy to work with the the zarling and on that condition help them out in any way possible just verifying that and then also assisting with any of the vehicles that would need to fall into yes exactly happy to be y helpful there's a lot of them that I do want to get rid of because yeah you know they're just yeah we're probably not going to do anything with them yeah yeah they uh they all fit in that that age BR all right thank you sounds like sounds like a plan will be able to be worked out yep may I ask who's speaking this is Kent Severson with Clay County Environmental Health yes go ahead yes just wanted to add in that the zarling have been in touch with me and we've discussed uh septic needs there um so they're well aware of that and you know as far as timeline um if things didn't quite happen for a septic system this fall uh it is a kind of of a general practice that there's usually time for an installer to get a tank in the ground at least before freeze up and that you know would be used as part of the system The Following season when it's ready to be installed so there's some very uh doable things there as far as septic goes thank you perfect perfect thank you you have a motion to approve with conditions one through six I'll motion to approve conditions 1 through six with that change to number three being one year instead of 30 days motion made by Ashley second second by Brad any further discussion hearing none all in favor single by saying I I all opposed interm use granted you're kind of looking what maybe their next step is thanks all right we'll be moving on to the next public hearing Scott and Chris Chris manthy petition for resoning the applicant is Seeking a petition to rezone the property from agricultural General to Highway commercial to continue to allow it for a commercial business on parcel ID 04.05.2015 450 sublot D in section 7 Township Agland township do I have a motion to open the public hearing so moved motion by Joel Second by Brad all in favor single by saying I I opposed public hearing is now open so Mr chair this is a petition for resoning uh property from agricultural General to Highway commercial a location of this property is east of Holly on the south side of Highway 10 the base zoning District uh is agricultural General there are not any overlay zoning District districts and the request is to rezone from egg egg General to Highway commercial so some information about this property uh checking with the uh both the applicant and the assessor um it's always in terms of uh the in assessment history it's always been assessed as a commercial property uh the original structure was built pre- ordinance in 1965 there were additions in 1975 and 1999 it was historically an electrical uh contractor he ran his he had a shop and ran his business out of that property in 1999 they received a conditional use permit to conver um convert it from a non-conforming use to a different non-conforming use and it became blossoms the the floral business uh the current business is Car King Auto and they do um like Power Sports and accessories and things like that uh before I get into this um just want to explain a little bit about nonconformities because they can be a little bit confusing you hear people talk about grandfathering in and things like that um and and grandfathering kind of gets like the blanket generalized um used as a generalized term um in uh State Statute and as well as our code a non-conformity would be a structure or use so two distinct things there structure or use uh or a premises so three things which was lawful before the passage or amendment of a zoning ordinance or regulation but is no longer in conformance with existing zoning regulations so they were they are allowed to be continued um otherwise every time you there would be no certainty no one would want to you know do anything on their property if there was a risk of a zoning change or something like that and all of a sudden you had to stop do your business or whatever that might be so they are allowed to be continued uh but may not be expanded or intensified in any way so despite this um little regulation about prohibiting the expansion the previous property owner and the operator of the the business they were granted a building permit to expand after they got the non-conformity the conditional use for the nonconformity so they did expand in 1999 this uh 1500 square feet area kind of in the the front there so the applicant would like to continue to rent this property as a retail or commercial space um and re what would resoning would do is it would allow for the property owner to do this um without coming back and requesting a conditional use permit each time the business changed so it' essentially be um each time they'd have to come back changing a non non-conforming for a conditional use permit for a non-conforming use to a new non-conforming use um rezoning to Highway commercial would allow most uses to be permitted but really um based on the highway commercial standards um which there are you you know minimum lot size would have to be the minimum lot area for the required to do do the use um there are yard requirements so you have to have 100 ft of of Frontage to any public right of way um there are front yard regulations about setbacks rear yard and side yard as well and then there are lot coverage regulations so not more than 30% of the area should be occupied by buildings you got to have access to a public RightWay um most uh commercial businesses would not be able to like you could not plop a gas station down on this property it would not meet any of the um the standards that we have in the just for the highway commercial District in general and then our separate standards we have separate standards for different types of commercial uses as well so likely it would just allow it to remain um essentially as it is a small retail business there's some additional um uh property information so right now you've probably seen it driving by Highway 9 or US Highway 10 excuse me um there are some aspects of the business that are operating outside of the boundaries of the property and on uh adjacent RightWay so this yard is actually part of a a RightWay looking at all the property records and information that's um on file at the county there's an off- premise sign there's out Outdoor Advertising uh and then some product displays as well we did not receive any comments from egund Township or the city of Holly we haven't received any public comments we did receive a letter uh yesterday from mindat with concerns about um the operation in in the in the right of way meeting with mindat uh tomorrow about some of these um issues I did ask for more information um do have that that letter and that can be entered into our into the part of the record as well just some considerations for rezoning it would bring the use of the property into compliance but the structure itself would remain non-conforming just because it doesn't meet those setback standards and so really if a tornado or something were to come through and damage this property you would have to be built basically to meet rebuilt to meet those setback standards and all other standards of the highway commercial um District also um this resoning is only for this property it's not for any other the right of way or anything like that so um everything that's not on the property that's related to any Commercial Business would have to be relocated to the property another consideration is looking at the city of Holly uh this is from their um comprehensive plan uh cities do uh growth plans and as part of their growth plans they have they kind of map out where their future land uses might be located within uh their Community as they grow so the red here in Holly is designated as commercial um and this property would be located right here and it would be according to the Future land use plan of Holly if they were ever to Annex this property it would be zoned commercial so this resoning request would be compatible with that uh from our 2045 comprehensive and transportation plan goals and objectives related to this request we do have a goal to encourage commercial and Industrial Development that is in harmony with the Agriculture and Rural character of the county um respon to that would be that this property is in close proximity of the city of Holly has a long history of being a commercial property and is a more developed area of the County uh we have a objective under that to promote value added agricultural commercial and Industrial Development in egg service centers areas and along Transportation corridors and hubs and this property is along US Highway 10 which is a major transportation Corridor through the county uh there aren't any uh we also have an objective to avoid or mitigate against commercial and Industrial Development in and near environmentally sensitive areas this would not apply to this request we do have also an objective to avoid or mitigate against commercial and Industrial Development that increases the potential for land use conflicts with rural residential or agricultural uses um we have not received any complaints that I'm aware of about this property um it does have a long history of commercial use I think though that the current use is probably a little more visible than um when it was an electrical contractor shop um I know the the floral business was also pretty visible as well have not received any complaints on that um the property the size of the property and the non-conformity of the structure would have to limit those future uses to small scale commercial um would not could not um create any nuisances as well um to uh the the neighborhood any questions for me at all so in our packet you put I don't know if it's you or the applicant but the property tax statement shows it's been taxed as commercial yes and I did check with the assessor on that and and she pulled all the records um going back to at least yeah as far as she could go always been as commercial commercial property right anybody else have any questions from Matt I guess my question would be um you know how do we um insulate the people that live right behind them there is a difference between an electrical contractor and a floral shop and now this place with all the vehicles and stuff um it's very close to the next Resident to the yeah to the resident just um to the to the west to the South or to the South you're with me here I think they're close to one to the West I guess it would be the South and the West so for example for parking there are requirements for fencing screening um that way so for parking parking there would be a a screening requirement that we have as a standard for parking for commercial um commercial businesses the other I guess option would be you know if that was if that was a a concern and the Planning Commission did want more oversight on um this would be to keep it as a conditional use and so that would be to recommend just denying the resoning request and just going forward with uh a conditional use permit um that would still keep both the use and the structure would be non-conforming but they would just be able to essentially continue um they just couldn't be expanded or intensified in any way one of the kind of the rationals I think for doing proposing the rezoning is well immediately after the original conditional use permit was granted there was a permit granted to expand it so it's already been expanded um which kind of makes it difficult but I think if you were to start from you know today if you wanted to do it that way certainly could oh is your mic on and them are going to be having a conversation about that right away or is that not is that a nonissue I know it's not to do with our permit but it if I'm just I don't think it would necessarily impact the rezoning of the property but just how the right of way is used which right now it can't be used for sign and the parking yeah right yes so this whole area up here right so I'm just saying if that happens and I I'm you know want this to succeed if we can um then he's got to or this business needs to find other parking that meets our criteria on that same space yeah essentially they would have to be moving probably all their display and stuff down here um yeah essentially it's just not a it it can only support I mean the the the property can't support a big business is what it comes down to question um is there you know like as far as you know light pollution noise uh you know is there like a set hour you know since it you know possibly rezoning that Highway commercial like uh you know business hours you know like we do you know our mining permits you know you know if the if residential neighbors if that's uh you know nobody said there's an issue today but maybe there would be you know you know some kind of a noise you know or hours of operation you know can you limit that or is there anything that you could do to possibly you know if there was some kind of a complaint in the future like so you know nothing's going on at 10:00 at night you know yeah just thinking outside the box Mr chair and commissioner Elder that's a that's a great question to bring up that would be uh more difficult to regulate if the property were to be rezoned Highway commercial if the the Planning Commission recommend denying that um but then allowing the applicant to proceed with a conditional use permit to um convert the business from one non non-conforming use to another non-conforming use um I suppose what could be done is we do have um just commercial use as a use in our use table right now the permit reads very specifically that it's electrical shop to a floral business so if the if the new permit would be a floral business to a commercial business and then you just put conditions you could you could put conditions on it that way related related to a commercial business essentially the that option the can the conditional use permit option as was done in 1999 would would give the Planning Commission more uh oversight over mitigating some of those um potential issues that could arise in the future Dave question the West property line looks like it's running through some structure is that just a is that a garage or house or what is that yeah so Mr chair and um Mr sty and the the pro the gis lines um these are essentially representations they're not to they're not survey grade lines at all they don't quite match up with the imagery so um they're just best uses in approx approximation um and so that wasn't really my big question was this kind of shows the problem with spot zoning I mean generally you get yourself in trouble when you spot Zone neighbors other people wanting this and that and you know if it was a big long stretch should be one thing uh cities get themselves in trouble for spot W to spot Zone and it creates all kinds of problems and I don't know like what Brad was talking about if that's kind of comes into that or not but uh yeah I understand why they want Highway commercial but just for one small parcel creates issues for the reasons that Mr Aldridge talked about yeah I mean and I I mean I promote you know Highway commercial I mean this addition was you know years ago uh you know and to promote Highway commercial along any Corridor you know along north and south side of Highway 10 that's why I just was talking about this to to make this happen just so in the future you know there isn't any known issues today with any noise disturbances light pollution Etc just to have some some teeth in it to help regulate this piece of property so this can function as a business uh in this County anybody else have any questions well the big Advantage would be for the person that owns the parcel they wouldn't have to keep coming back they could still operate with a chain in uh operations or different type of business going in yeah it would bring the use into compliance the structure would still be a non-conforming structure that's essentially I guess yes um it is would be technically compatible with the city of Holly's um comprehensive plan and their future land use plan for the area um but again um to Mr eldred's point with Highway commercial most of these types of commercial uses are just permitted uses they don't require a conditional or an interim use permit um whereas if you made it less specific and just said commercial um can bring up our use table here so this is our current use table this is will be updated with as part of the development code update um we were to go down to commercial and Industrial uses in the highway commercial um some of these two have their own separate standards that are contained in a different chapter in our code with regards to setbacks and and and things like that um you could just go Um a retail or commercial business is considered a permitted use in the highway commercial District because it's on the use table you could just essentially do a um and this is would be not related to this well would be another option from this resoning request it would be to recommend denial of the um resoning request to to the um Board of Commissioners and then the applicant could come back for a conversion of one non-conforming use to another so conforming the floral shop just to a retail or a commercial business that would still be a non-conforming use so the structure or the use could not be expanded or intensified in any way it would basically allow it to continue to exist essentially at as is might be more appropriate for this property just because of the size of the property and the location of the property then the Planning Commission would be able to you know better address some potential conflicts that might come up with regards to noise and um Aesthetics and lighting and things like traffic and hours and things like that that that would be another option and now say it's Car King Auto today and it goes back to being a a floral shop in five years well if it falls under that retail or Commercial Business definition they would not need to come back for a new permit it just couldn't get any bigger than it currently is um in terms of the size of the business and then um yeah just the intensity of of the business which is very sub Ive and open to interpretation so and I would to note about this your point on spot zoning is it is illegal in Minnesota to do spot zoning though it's very subjective as to what constitutes spot zoning and what doesn't um and and so that's why it's happens occasionally um is because there's no good way to define precisely what it is very variable and and situation specific just to be clear we are making a recommendation to the County Board yes correct this the County Board would make the ultimate yep decision and my qu and realizing that the gis isn't accurate but so who is responsible everything says may or could regarding the RightWay is Mr Man responsible for hiring the surveyor and finding out where the right away begins and ends or is the do will that be something in the letter that you're getting tomorrow um who's responsible that is all platted out so it's already I mean it's already platted out um so we know essentially could find and Mr man has found the pins and knows where not yep so it is it is a platted it is platted there is speak there is two right of ways there is um essentially this is one right of way right here um this is part of a separate lot that's owned by um Mr manthy that's also part of the subdivision uh and hey just hang on that's the according to the not according to the meets and Bounds description of what that lot is um then this is the state right of way so it comes down right here and over so there is you know it's it's the RightWay in this area is very comp it's complicated that would be but really to our request does not really pertain to the request doesn't pertain to that right of way it really only pertains to this property right here yes my only question is if we give them this um it seems like we lose even more control I mean they've already been given probably things we shouldn't have given them on that property I mean I drove by there the other night there's little Vehicles all over and they don't show here on these pictures but there's a lot going on there more than I would want my neighborhood as close as it is you can see right next you a house right here and this would be the right of way there's a lot more than that though even now yeah this is from the 4th of October I drove by it I was just heading to a volleyball game and I went what is that would the applicant like to come up and speak come on up and state your name for the record please hi my name is Scott manthy and I'm the property owner I also own uh the property adjacent Auditors Lot 24 and which Matt explained I own the the land as part of that otter slot because what happened if I can give you a little history history on what I what I know or what I've been told is originally the owner owned all the land in the quarter and they kept piecing out pieces and and uh selling them to people that wanted to live in the Holly area but didn't want to live in town and so he would the VIN family I believe would be the one that sold the pieces off and it's the same gentleman that had the gravel pits and I think he opened the Gravel Pit up to the right if I'm not mistaken I'm not sure on the whole history I moved into the area in 2012 and bought the the land where his pointer is right there Auditors Lot 24 from the Kelly Family who were um Lance and Mary Kelly were um Warren Kelly's wife was an Alvin and so she in inherited or bought the land from her parents who were the gravel people and I believe the Elvin were the ones that sold off the lots and created the the development there just as a meets and Bounds legal description not as a a lot you know when you bought land you bought so many feet by so many feet by so many feet by so many feet and in 1996 Matt I believe they did an Auditors subdivision and created lots to the auditor subdivision because they wanted to tie all the meets and Bounds descriptions together because there were some indiscrepancies and I believe uh Kurt that the uh when you look at the line for the garage there on the neighboring West Property the gentleman who subdivided the did the subdivision I believe it was Rob Roberts he uh had the line through the neighbor's garage and they had to actually deed people that owned the the lot before me had to deed additional feat over to uh accommodate them having their Garage on their property and so I think uh all arals who did the floral shop I believe actually deed that property over to them to get so they had the house and garage within their their property boundry but um when I bought the land and had the title opinion had uh Barb Delaney at Clay County Abstract when she did the work for preparing the abstract she said that I owned the land in front of the houses up to the RightWay there for Highway 10 and the access to the the road there so was my belief that I owned all the lot land in front of the um flower shop as well and so I I bought the land there in two 2012 where my house and the the other buildings are and then I bought the uh blossoms flower shop in 2016 as far as the timeline goes so I had the auditor Lot 24 land but before I had the blossoms flower shop parcel and I thought it tied in really good cuz then it all came together and uh you can see there that originally um Robert Rob Roberts had 110t wide um RightWay there drawn in the original plat and I uh requested that the board vacate uh a portion of that and I don't know if Matt if you have the other slide showing that but they vacated a portion of it to line up so that the hole right away is 66 ft rather than narrower than 66 and then wider up to 110 ft because if you took the legal description that they that Rob Roberts drew it went through the corner of the the building and I had that done prior to purchasing the property because it cut cut off corner of that 30X 50 addition and uh in the request to build the 30x50 Edition by argal uh for blossoms they said this the county person came out and verified the legals apparently that didn't happen because the pin would have been right in uh the left the left hand side would have cut the cut the corner of the shop off so the township created a RightWay that was cons consistently 66 feet all the way through and uh therefore cleared the building out of the right away like it should have been and uh so if you go to the top of the drawing there that shows where the auditor Lot 24 goes and so that land is part of my auditor Lot 24 there I had thought I owned the Chunk in front of the blossoms as well because normally the the owner adjacent to the RightWay owns to the center line and so I'm the owner on the north side and on the what I'm south of the Northland that I have and South and uh east of the or west of the East right away so there's nobody else in between me and the RightWay to the East and so normally that's owned by the the property so I don't I think there's a gap in Rob Robert's survey that I think that partial to the north and I haven't had time to since Matt and I discussed it to go have it legally researched to verify that but normally the property adjacent to the RightWay owns to the center line of the road which would be over 33 ft from where the right pin is and so after the vacation the I have a just a rough picture I don't know if you want to look at where I estimated where the the pins are that I've physically located I don't have the survey I Dre those in Black where because the gis map isn't lined up and that's causing some of those issues with the garage to look um you can see that parcel on the left hand side is the part in that square uh right there that was a part that was deed off as a separate lot to to go with the house to the west and that was I think done by argles to allow them to have the line not go through the garage and so that east line of that lot is not in their garage still it's over in between the the build our building and the neighbor's garage and so everything is shifted to the East and that property pin up on the North is actually in the gravel uh and the apron of the h building is outside of the right the current RightWay and so if I would have known that they that I didn't own the land to the front I would have requested additional vacation of the uh right away with the remaining easement there and if you look where the the current uh road goes to service those two houses it's partially in the state right away and partially in that other RightWay that was set up on the um auditor subdivision was were created and uh like I said there's been gaps in Rob Robert's uh work there that we found as evidenced by the sublot A and uh The Wider Road there and I think it got missed that that proper property out front be included with the land because a right away isn't ownership of the land it's just U basically an easement and so the the land underneath should be owned by somebody and I mean that to me that I think that was a gap and uh so as far as the description of what happened you know that's kind of how it worked in the timeline and then uh you know I've always been taxed as a as a commercial property and uh I really bought the land I was initially going to put my own business in there I have a crop insurance business and I was going to look at locating there and my son is coming into the business now with me and he is debating whether to you know relocate it he's not he's just getting started so he doesn't know when he potentially do that but someday he may use that to run the crop insurance business out of currently um we do that out of our home based and uh the uh um that doesn't require a lot of um area or whatever and uh so in the meantime I decided to rent the building out when we first bought it um I rented to somebody that bought the flower shop part of the business and I own the building she couldn't afford to buy the building and the business so I bought the building and the lot and she ran the business and rented from me and so I kind of looked at it as a business incubator for the the small town um because currently uh I I and Kristen that have caring Auto they wouldn't be able to afford to buy the building but they can afford to rent from me and so I look at kind of a my wife and myself as being business incubators we also have another uh business in town where the caring Auto was also located and again there they wouldn't be able to bought it but they can um they do well enough to rent it and I think they've done a good job they clean they cleaned up some of the things that I had on my cleanup list to do right when they moved in there and uh I think he does have some cars out on on the backside that he tries to keep behind the building and but I they are Works in progress he uh he's a mechanic by trade and so they do fix up some of the items that they uh sell as far as cars go and then uh some of the ATVs and things that come in they do a lot of setup in the in the garage stall I have what the back stall of that garage there is currently my my stuff in there so that's not being used by them it's just a storage garage for mine and uh and u i I always thought it was already commercial so I didn't need to bring a separate request for another Commercial Business in there and that's my end goal is I'd like to be able to continue to rent to people hopefully they're long-term renters but you never know and uh to me you got to have a place for these B smaller businesses to go and that's what we're trying to accomplish is to allow an opportunity for them to to be in the area I know Levi and his wife that they live in hit doll so they're Clay County residents as well and to me if you don't have something for people like that that are entrepreneurial they'll likely go to a different County or Becker or Cass or something like that so to me I think it's important to have businesses like that that are available for those folks to to do business in does anybody have any questions so Mr chair I just have some clarifications on that um right now in our tax parcel system this is a platted right away so platted right away different than an easement it's owned by the township like this is owned by the state of Minnesota it's not an easement it's actually platted um this would be owned by this be a Township Road essentially if I could click on it um so it would would be owned by someone in this case it' be owned by the government unit um the township the second just clarification I want to make here is with regards to that this access right here um I can't determine ownership that would require an attorney to determine ownership if there's ownership that's in dispute um and the county does not get into that that's purely a civil thing um it's I should just clarify that this is was just included as part of the meets and Bounds description of that lot doesn't mean that it wasn't sold or conveyed or something at one point or another so if there is any question about ownership and it's not clear don't want to get into the county does not want to get into that at all uh the third thing is that this request is solely for this lot right here really does not matter what's going on outside of this this lot um also if there are vehicles that are being sold here like automobiles um that would not fall under the ret the commercial or retail business use um it would definitely be an expansion um that's something that we have as a separate use in our Clay County list use table um if if you recall we did do the permitting of the downer Auto that was not permitted as a retail or commercial business that was permitted as a completely separate use so any auto work or repair or anything like that sale of cars would not fall under that commercial use and would not be could not be allowed as part of that as well if they're selling cars yeah yeah that's kind of a gray area oh well I'm hearing U I just want to be clear because when you were talking commercial use to me that sounds nice and clean and and um that I thought maybe we should pursue but now you're saying if it would be commercial what he's doing there wouldn't be allow it just because we have it as a as a separate use in our use table we have um um so if he went to the the other use commercial use he had applied for that automobile truck trailer Garden Farm Equipment Sales is kind of that would be we allow it as an interim it would essentially it would have to just be basically specifically for that and it would could not be more intense or expanded beyond what a the previous use was which was a floral shop essentially that's where it gets a little murky with that darn I thought that was going to be the answer right I you know can if I may ask so what was the motivation the change um strict motivation from change is the the uh person within the flower shop couldn't afford the the rent or she wasn't wanting to have that much space she feel felt it was too much space for her yeah and um so they uh went to a smaller space in town and since then I've had it available for rent I think it was available for rent for over a year with with rent signs and uh we kept it mow up and stuff like that and uh I had had really good luck with the renters in town and uh they had talked about having these U ATVs out there and uh I know he does the the car repair there um you know car repair in Holly and I said well maybe this would be something where you could do the setup of the ATVs and if you had light car repair there you could do that there too there's not nothing as far as cars sold there that all gets done out of the place in Holly it would only be some light repair stuff there I think they wash them there and clean them there and then drive them to town is what happens there and then the it's mostly the power sports side of things that they're looking at doing out there so back to and then I'll be quiet here but I just so to me I so the way it is now every time there's a different use he's got to come in again well just based on that piece of information depending on how we do have a provision in here and this is also in State Statute where if a non-conforming use is discontinued or abandoned for more than a year for a period of one year for further use of the structure shall conform to the ordinance so essentially then if it's truly been a year since the between uses we could not even issue a condition use permit to go from one non-conforming use to another any use would have to be in compliance with what with the ordinance but we we could go to a commercial use as nonconforming if it can be demonstrated based on that information that Mr manthy just provided if it's been if the floral business ended and the new business it was over a year before a new business was established in there then it just has to be in compliance with the agricultural General um it would be it would have to conform with the agricultural General zoning district and but he's asking but he's asking for resoning recommendation Zone commercial to Highway commercial Highway commercial that's what he's asking for yes even with that 12 months maybe or maybe not you could still do that still asking for recommendation to the county board commercial correct that's what we're here for tonight well we are but we can also deny if we found a way on a commercial use we could make it work for him I want this to work for him that's where I'm at y anybody else have any questions for Scott at this time Mr Matthew y one more thing to say so I wanted to visit on Brad's comment about light control and things like that we actually have the light for the light pole there um and it's 11 bucks a month and if the residents don't want it there it there the township doesn't provide any light at that intersection so it's kind of like a a light for the entrance to be honest with you and the snow removal a lot of times burnsides uh live in that development he with Seline Brothers pushes the snow for the development and a lot of it gets pushed onto my lot there in the grassy area right under the the light and so it almost acts like a street light for the development and so I think it's more of a benefit than a negative to be honest with you I think Mr chair is the concern is if a new business were to come in and throw up a bunch of new lights um lights displays things like that not what's with currently existing no thank you Scott anybody in the audience to state your name for the record please and of course I have stuff to say and was prepared but now this discussion has gone so sideways I don't even know where to start so oh I'm sorry we live um we're just right South sorry we're just south of his shop and first of all let me say I also understand why commercializing Highway 10 businesses is great for tax base and shopping and all that stuff I I just want to remind you that there are like 20 homes up there it's still a residential neighborhood and we're just living our lives and we've had a quiet neighborhood we've had quiet businesses there we've been been there for over 30 years I'd love to speak about the surveying we've had that surveyed three times because of mistakes made in surveying um i' just ass soon not have to pay for that again um we we appreciate that people should be able to do with their land what they wish we also appreciate when people are considerate of their neighbors and the way things are now um I can't live 20 years in the future I live there now we try to be good neighbors we try to keep our property looking nice last week I counted 30 vehicles on that tiny little lot and to do that they had to be parked right up to our trees um I hate to say it but it it's kind of a junky looking area and I realize that the goal is commercial I realize that's supported um but I I would ask that you just remember that not all of us think that that is an improvement at this place and time for the way we live and um if I could move I would I guess there's a few other things that I'm concerned about um but I think for the sake of time I just I just would ask that you remember that it's a residential neighborhood um it's not just the traffic it's not just the appearance it's the whole feel of a place when you you know right next to my said there there were 30 cars parked in that little lot they were it was like a slider puzzle um we can coexist but I think that there has to be some mutual cooperation in that and I don't think that giving a blank slate here is is a good idea um again I do support people following their their dreams I really do but my dream is to live there in comfort and peace while I still live there so thank you for coming in thank you my name is Greg Krauss and I live in the same house at Lori does um the only thing I'm concerned about it's America you can do whatever you want with your land but what happens if he brings in something that's going to put in powerful lights do we need a fence in that area I mean I'm looking at snow fensive cars now and some of these cars are not even drivable they're their junk stuff that he buys at junks and takes pieces off brings them to town and puts them together why did he move all them cars from Holly out outside the city limits did Holly put a kabash to that I'm not I don't know it just seems kind of funny why he would move just the cars and the motorcycles out there and another thing with the motorcycles we have little kids that are test driving these motorcycles going up and down that Township Road and there's going to be an accident because we're not used to that traffic you know it's a dead end Road and so that's a concern of mine also like I said he can put whatever he wants there but I just want some kind of barrier or whatnot and we know where the pins are I've talked to uh Scott on where the pins are we know where the property lines are trees couldn't go up it would cut more of the property off that he has already so a nice privacy fence along our property and along the property on the west side of the business would be nice that's all going to really say about it because he's put up storage units he's taken away my view that I had for 25 years I mean is the property value going to drop because of all this development I don't know and as far as Holly coming up in that area we are told no because they got to put up a water tower to get up to that area to develop that area and that's why they're going the other Direction with their development so I mean whatever he wants to do I just hope it doesn't have a lot of lights and we can clean up some of them car s so we don't start getting mice or skunks or who knows what's going to be living underneath them he does move a lot of them but there's maybe nine of them that have been sitting there since he started so and he is cooperative I asked him to move his cars out of the RightWay and he did he immediately moved them to the offset of the property they weren't in the right away of the road so he is a nice fell that's working there it it's just he likes to buy things you know he goes to his car auctions and the other day they pulled in eight of them at one time you know so he's a Wheeler and dealer so like I say I'm just concerned about the the light pollution and the appearance so if we ever do want to sell you know are the neighbors going to say oh you got a nice fence there between you know a barrier if it's going to be something else a year down the road and it was there was something in there between the flower shop and this motorcycle shop it was a craft store that was there a year so it did not sit empty a year I don't know how long is sat empty say it again year after CS was it a year that the craft store wasn't there okay but he didn't you know we didn't mention the craft store was in there in between thank you for coming in thanks for listening Mr chair one thing I will to add about just about the highway commercial is like outdoor storage accessory to a commercial use in the highway commercial zoning District that is one use that would be regulated through a conditional use permit so that's something that even if it were to be rezoned to Highway commercial that if there was going to be any outdoor storage or display of anything like that it would have to come before the Planning Commission umal have a conditional use permit where things like lighting and the limiting the amount of things stored outside to and screening those are all things that could be addressed as a conditional use so that is a potential possibility as well so again with the highway commercial with some things a lot of things are permitted but if you're doing any outdoor storage um or display that is a conditional use likely for the reasons that you brought up originally Mr aldred so it's another thing to consider well can we put what he wants is Highway commercial that gives him the most Le flexibility I'm guessing on some stuff on some do we have some power to control some stuff if they want to have outdoor storage anything outdoor would yes would be if it's outdoor accessory to the commercial yes that would have to have a conditional use permit when you mentioned expanding what what mean it's probably quite subjective but expanding the business is that taking on motorcycles or four-wheelers or car repair what what does expanding really mean it's very subjective it's looking at the property history I mean if you look at when it was a floral store I mean it was there was some outdoor there's really not a lot of room for outdoor display it sounds like there's way more currently on there based on the um testimony provided by um the public at this meeting there is way more out there than probably what this property can handle and that's where you would be able to regulate that through that conditional use permit for the outdoor storage this outdoor activity is an expansion in itself versus depending on what the previous use was so but if it was craft or floral yeah that's pretty much inside of a building right there were I know there was some outdoor stuff too but again too when the electrical shop which is mainly inside was um there was a conditional use permit to to issue for a floral business and now there's more stuff outside again it's it's it's it's not the non-conformities are can be difficult because it's really hard to look back in time at any given time and see um how it's how it's changed without a lot of of evidence I guess but to address their concern about activity going up and down the roads and whatever um do we is that allowed what you're doing I mean motorcycle testing up and down the road and I mean you got one hand you give them quite a bit of flexibility and the other hand we want a lot of controls where in the middle would be a good meeting point we really can't from the Planning Commission regulate necessarily what happens on the on a public right of way you can really only regulate kind of what happens on the property well on the property spills over into the RightWay yes yes and this is a case where if you have an auto power sports or whatever I'm assuming these are those little motorcycles um yeah that would have an impact on that so that could be considered an in intensification if you're looking at it from is that a better word than expansion intensification I would say so because you don't have in a floral or craft business people using the right of way like that what if they wanted to do something they do cars and motorcycles little four-wheelers what if they wanted to add something else whatever it might be I don't know what it would be as it stands can they just keep doing those things well I think right now the again just to bring us back the request is for the rezoning request it sounds like this property sat vacant for a year so I think then based on our code in State Statute even considering going from one non-conforming use to another conforming a non-conforming use is now out of the question right yeah if it's truly sat for a year it's been discontinu use has been discontinued or abandoned for a year it is no longer an an option so it would really we need to verify what that is so really again just getting back to the request for the rezoning um making a recommendation to um the Board of Commissioners on whether you want would want to recommend the rezoning or not recommend the rezoning I'm I think we should uh Grant the resoning which brings it into conformity and then the business owners need to come in for a cup and then we do the teas and cross the eyes in the the conditional use permit that's two bits is there anybody else in the audience wishing to speak anybody in the audience that wishing to speak the applicant if you want to speak one more time come up to the microphone please I just wanted to verify if if you need to know the time frame on that time period where it wasn't I can get you that I'm it was around a year I don't know if it was exactly a year or under just under or over but I can get you that time frame if you need that if that makes a difference I don't think it'll make a difference in the actual requests will it Matt no but it would be good to know okay so you need that I can get that for you the other thing too with um commercial uses is there are parking limitations as well and parking standards that would need to be followed as as how many parking spaces and yep and I uh Levi the person there right now when he initially agreed to rent it we had talked about whether we wanted to do fencing or not some people don't like fencing because it additionally cuts off the view but I mean I I don't know that we'd be opposed to some fencing on the side that you know Greg's on if you make it quick Greg I'll let you come up and speak um now on this um to police this area who's going to be responsible for counting every car every week is that you guys is that the neighbors is that the property owner is that the person that's renting it to make sure he's in compliance with with this zoning so what we are doing today is making a recommendation to the County Board to make it commercial correct to run a business out of there it depends what type of business he wants to run out of there if you need a conditional use permit or not what he would have there now he'd have to come back and get a conditional use permit to be able to have outdoor things out there and at that point then it would be up to Planning and Zoning to make sure he falls in line with the conditions that are set at that time and then do us as neighbors or concerned citizens get a report on what the the County Commission is going to allow this to be well as a we would make a recommendation to the County Board they would have hold another public hearing Matt correct and you'll be notified at that time when that public hearing is going to be okay thank you and Mr chair just to address concerns about with with permit violations too if you know we are doing regular checks yeah um which this is property is a fairly easy one to do just because it's you know drive by it um if there are a number of instances where there's repeated violations it would come right back to you Planning Commission to hold a hearing on revoking the permit yeah so I'm going to ask one last time anybody in the audience want to speak on on this matter hearing none anybody else have any questions for Matt or the applicant before we close the public hearing do you have a motion to close the public hearing so move mot motion made by Joel Second by Brad all in favor single by saying I I all opposed public hearing is now closed we will go to findings and facts in order read the both bullet points right on this and again if you this is just this is based off of just the in the the draft responses to these findings of fact were based off of information prior to this hearing so if any of you want to make modifications to this I would highly recommend doing so for each of these and we're making a recommendation to the County Board correct now number one effective use in granting a zoning District Amendment the Planning Commission shall consider the effect of proposed use upon the health safety morals General Welfare of occupants of surrounding lands existing and anticipated land uses traffic conditions including parking facilities on adjacent streets and land and the effect on agricultural usage of and values of property and Scenic views in the surrounding areas and the effect of the proposed use on existing comprehensive plans Matt do you want to read what staff came up with prior to Yes uh so this property has a 20-year history being assessed as a commercial property and has likely been a commercial property for a longer period of time as there's never been a residence on the property there's no record of complaints against the property or past businesses that are operating on have been operating on the property um a commercial use would require a minimum of eight parking spaces based on the size of the building and Clay County Parking requirements there may also be some issues with the placement of products and a sign in the platted right away and not on the property a portion of the concrete slab in the front of the building may be on the right away as well we can remove that from here as we have found out that that is not the case these issues would need to be addressed um there may also be vehicle repair occurring on site this would need to be confirmed it sounds like yes it's potentially happening um because the property is in a residential area the rezoning must not create any new nuisance in the form of noise older dust vibrations pollution lighting or glare uh Mr chair I think based on the discussion here today I think it would be maybe pertinent to note that any outdoor activity outdoor storage um any outdoor storage of anything related to the commercial business would require a conditional use permit I'd add that number two additional findings in addition and Planning Commission shall make the following findings among others where accept accessible a burden on public utilities the Development Authority by resoning will not create acccess burden on any public facilities or utilities which serve or propose to serve the area so in this case this is an existing business um would not really have any impact on um any public facilities or utilities with the current business that's in there though would driving those ATVs up and down the gravel road with that I would say you could make that argument yes so any again that is also something that's a condition that could be put on the if they outdoor storage if you're using those vehicles to test drive or whatever yeah if they come back for a cup y y b related to overall needs the rezoning is reasonably related to the overall needs of the county and to the existing land use resoning would be consistent with the existing land use and history of the property as a commercial property it has been taxed as a commercial property for 20 plus years correct the consistency with the ordinance rezoning is consistent with the purpose of the ordinance of this ordinance and the purpose of the zoning District in which the applicant seeks classification you want to read that yeah so the use in the structure on the property are currently considered to be non-conforming uses resoning would make the use of the property conforming however the structure would remain non-conforming as the front rear and sidey yard property line setc standards for Highway zoning commercial could not be met the conflict with the comprehensive plan the rezoning is not in conflict with the comprehensive plan of any Township or city or county or the county land use plan so the resoning of the property from agricultural General to Highway commercial would be compatible with the future land use plan of the city of Holly the city of Holly's future land use map classifies this property as commercial and if and when if and when it was to be annexed into the city um as far as the county um comprehensive plan there could be some issues because we do have goals and objectives related to conflicts between reducing conflicts between residential and Commercial and Industrial uses I mean all say it really depends what business goes in there it does if it's a crop insurance yeah business likely not flower shop it's a flower shop like that's probably why we haven't heard a whole lot yeah um Power Sports sales business auto repairs yeah I mean it all depends e prematurely stimulation public investment in utilities the resonan will not either individually or communicatively stimulate prematurely public investment in the facility and utility described in subsection d.2 DOA of this section no new public facilities or utilities would be required resulting from this resoning so we are making a recommendation to the County Board which they would have another public hearing at to rezone this highway commercial you have a motion to make a recommendation I make a motion that we approve I'll second that motion made by Joel Second by Brad any further discussion hearing none all in favor single by saying I I all opposed approval to move it on to the County Board as a yes the rezoning for the rezoning the highway commercial and if you could when you find out that day if you could relay that to the applicant as soon as possible and yes you'll have to post that one as well yep do you have an idea when you would I would like to uh discuss with our um County Administrator just looking at the upcoming um schedule with um budgets and thing budget season and and things like that just to make sure that we can find a public hearing date that would that would meet the um statutory requirements for making a decision would also meet um would be you know work for the app for the uh applicant and then also for the board as well sounds good okay we'll move on to unfinished business you don't have any to new business Matt yeah so I just want to give another update on our um development code uh we're kind of at the point in our schedule where we're um having fully flushed out as I alluded to uh last month fully flushed out drafts and would like to start um kind of giving them to you all to review in um um chunks so I'm thinking that um for a schedule that for our November Planning Commission now depending on what we what we receive in terms of um uh applications for or requests for permits would like to look at Chapters review chapters one through four of the development code update and I would be hoping to get that um information to you not the Thursday before the meeting but give you more time to review it so as soon as kind of we have that um could potentially at the latest I would say it would be the 8th so Friday the 8th that would give you about a week and a half just to review that information uh and then would like to have um would have a public hearing but more of a discussion on on those first four chapters uh and then in uh December do the chapters 5 through eight now eight is the definition so it shouldn't you know be that difficult um to go through that but December do through 5 through 8 I know that the Board of Commissioners has um kind of indicated and and commissioner kravinoff can correct me if I'm wrong that they would like to have kind of a workg group session um on the entire code at some point looking at maybe potentially January for that um yeah yep and then you know depending on what you all as a Planning Commission want to do if you want to um what I we could do then is at our um our January or February Planning Commission meeting um we would reiew the code again in its entirety um and then make a recommendation um for enactment uh to the County Board of Commissioners so potentially could have a code enacted um by February of of 2025 um I think it's very very doable uh and then March if there's you know things come up like snowstorms and things like that so kind of hard to think about at this point snow storms but not gonna happen okay can you give us that as a red line or is that or is that the way that it's so I know we move this to here that's what would be tricky about it is that things have shifted in terms of where where it's located um we do have track change versions which can be difficult to follow but at least you can kind of see what was there originally that's um or if there's something that we got rid of completely can you show that as yes maybe not that you know to follow it if it got moved here to there but if we got rid of stuff yep and we can definitely look at all the kind of the major changes as go through the major changes as well because I mean there's a lot of paperwork for just 1 through four and 5 through eight I mean it's a lot to yep yeah it would be it would be a high level overview and then really I think that it would be kind of your responsibility as planning Commissioners to to review it and you know bring come prepared um to that meeting if you have any specific um parts or sections or even down to sentences that you want to to to look at we can certainly that'd be an opportunity to to discuss that perfect one thing that I did want to do too is and I know this is over a year ago when we when we looked at this um is just in preparation for that I think it's always important um to remember going into a whenever you're making a big code update like this um is to have in your mind kind of the perspectives of um the citizens and residents and business owners in Clay County who would um fall under kind of the this code um because they ultimately you want to have um uh their input in in shaping it and we had some good input for the comprehensive Plan update and for the development code um I can just walk through just as a refresher some of this we did we 41 responses is what we got we did a lot of advertising for this um but we did get some good responses from the unincorporated areas of the county and then Incorporated areas as well um so I can kind of go through some of these and it's really kind of nice and maybe this is something we can keep doing in the future is just kind of like a pulse check on on our code is every year kind of just maybe have a survey available like this to uh for residents and and and provide a presentation to to you all um so I know just you know it's coming up on nine o'clock so I'll try and be fast as I go through this but we you know in the survey had a number of questions related to uh land use and development in Clay County um and then here's just kind of some of the some of the um input that we've received um first question we asked was how effective has CL Klay County been at limiting land use com conflicts it seems like you know of the 41 who answered I'd say that's we're looking at somewhat effective is kind of the top one and then neutral kind of being the second there uh so this is kind of pertaining to our current code and how it's it's implemented um another question we asked is land use regulations are tended to support individual Property Owners rights to develop while managing the impacts of development to the county as the whole and what kind of degree of land use regulation should there be in Clay County overall again most people looking at Moder regulation that actually kind of lines up with our uh comprehensive plan and looking at trying to be as balanced as possible in terms of of development and uh regulating development in Clay County I'm not being too um over heavy-handed on the one one end or just completely wild wild west on the other common sense I think would be probably another way to say that uh we did a lot of development regulations pertain to setback so we did ask a question about setback requirements to control distance between proposed development and existing development property lines roads water bodies environmentally sensitive areas and should the Land Development code include setback requirements and again overwhelmingly yes but with reasonable flexibility with regards to um the Land Development code and how it what it prior IES um in terms of um development or protection uh we did ask a number of questions about if the Land Development code should prioritize the protection of Natural Resources if it should um prioritize uh the protection of agricultural land if it should facilitate the development of renewable energy facilities uh if it should facilitate the development of industrial uses that would be resource extraction or Manufacturing um so you know gravel mining things like that development of Commercial Business um and if should facilitate the development of residential communities or promote the development of recreational areas really kind of all across the board here I think the natural resources ones skewed more heavily towards strongly agreeing with that statement same with the protection uh or same with uh renewable energy um as well as um commercial businesses and agricultural land as well and then I guess also promoting people love parks and trails and things like that so which we currently allow in our development code and then we have some specific concerns basically that were just kind of um free response um really I think just basically a lot of relates to Gravel Pit regulations industrial just you know making sure that we have are enforcing our Gravel Pit regulations a lot of answers about setbacks to water bodies being too restrictive there's only so much that Clay County can do in terms of that since those are in the state Shor land rules um protecting Prime agricultural land is something that came up quite a bit as well um those are kind of the the main the main highlights there so any questions about this anything that really surprises you at all or question I'll send this link out to you all so you have it so just so you can you can look at it on at your own Leisure as well sounds good so but essentially really I think what I personally in interpreting this um really lines up with what you know our comprehensive plan um goals and objectives are which also had a lot of the similar public input and engagement as well and so we just want to make sure that our um development code you know within the framework of and balance of State Statute state federal statute um um expresses kind of the desires of the community I think that's really important to keep in mind so that's all that I have unless there's any other questions can you go over a rough timeline uh the board is going to have a work study work session right yep that's the next thing that's going to happen I then the the Planning Commission in November You' you'd be reviewing kind of the first half of the code in November so chapters 1- 4 um and then in December looking at at 5 through 8 8 having a work working session of the Board of Commissioners in yeah in January um and then um again giving you as the Planning Commission I know it's a lot of information to digest in just two meetings so having another opportunity to just look at the entire code in general also including any comments from the Commissioners in that um and then making a recommendation on whether or not to enact um to the Board of Commissioners um and then that would go for a public hearing because we we would have a public hearing right and then the Board of Commissioners would have it so there' be two public hearings yep in January or February planning will have a public hearing and following that then the C board would have a public hearing yep and the board could choose to have more than one public hearing you can have as many public hearings as you want we've already had public input public hearings um for this that would be ideal yes yeah yep so anything else you have a motion to adjourn second motion made by Brad second by Ashley all in favor Mee adjourned --------- ##VIDEO ID:rMFqivOLfhM## an approval of variance to the ordinary high water level setback of the Buffalo River for a residence at 20666 20 28th Avenue South Holly Minnesota 56549 parcel ID 13.16 43000 in part of the southeast quter of the southwest quor of the southeast quarter of section 16 Holly Township do have a motion to open the public hearing motion motion made by Leo second second by Travis all in favor single by saying I I opposed Matt you want to take it away yes thank you Mr chair so this is a request um for a residential setback to the from the ordinary high water level of the Buffalo River so this is located uh Southwest of Holly uh just the south side of the Buffalo River 28th Avenue East or east of the uh landfill the base zoning District on this property is agricultural General and then also Shoreland special protection rivers and streams and there is a little bit of flood plane Fringe um you can barely see it though it's just barely touching the the parcel there so and residential use are permitted in these zoning districts so the variance is to uh the to the setbacks as laid out in table 8-5-1 of the Clay County development code it's the request would be to reduce the 200t ordinary high water level setback about 36.5% to 127 ft for new residents uh the Practical difficulty uh that was provided by the applicant is that this is the same location uh that a previous residence was permitted in 1997 the location does have power water and septic and it doesn't want to encroach into the road setback so you can see the setbacks here that 127 foot setback is right here 200 feet is right here there is some buildable area between the road uh and the and the this 200 foot setback as well um pretty narrow band right there it's about uh a little over an acre one thing that the applicant and I have discussed is just the the Buffalo River just being a pretty unstable River and building close to it and one of the reasons why we have the 200 foot setback is some of for streams is some of these streams are very unstable if you go further Downstream on on the Buffalo River you have some areas uh especially if you get North of Highway 10 um where people are losing their backyards pretty pretty rapid clip just because of Bank slumping and things like that I did go and look at some historic aerial imagery if you're ever uh interested in looking at that if you just type in Minnesota Historical Society aerial imagery into the uh Google machine uh you can find some pretty interesting uh stuff stuff there just images from like the 30s all the way back to 1939 I think they go and just looking at it and looking at where the trees are it doesn't look like this particular Bend has moved that much not to say that it couldn't in the future um just something to you know whenever we consider these variance request setbacks to Rivers it's something to to think about the goals and objectives from our comprehensive plan that are are relative to this or related to this request the first one uh being to protect and enhance the health and vitality of Klay County surface waters including lakes rivers and streams for the benefit enjoyment of Klay County residents and visitors um looking at that this request relative to that goal it's kind of the staff's opinion that a placement of a residence is not going to have a impact on surface water or quality to the Buffalo River um really the greatest greater risk would be to the structure if erosion or Bank slumping were to to occur um and then also we have an objective to enforce Shoreland regulations on Clay County lakes rivers and streams and really if you all the criteria for granic variants are met for this request it would be a permitted structure some suggested condition conditions for this request would be that the structure be placed no closer than 127 ft from the ordinary high water level of the Buffalo River and that uh in Shoreland a septic system compliance check is required and so if not compliant um an upgrade would be required for building a house he's going to have to get a septic permit anyway and and or a septic compliance check too as well for the exist existing um system so that's something that'll happen regardless any questions for me at all has the township weighed in on this matter they have been notified of it Holly Township and um haven't really said anything we they have their own zon yeah yep assume that a variance would be needed for but they didn't say anything about a variance being required so another question if you go back that picture and scroll out with all the setbacks on it that Red Shed in the road right away down there in the bottom corner are they going to need a variance for that or no so when this that shed was permitted the setback interpretation was this was a local road so it' be 90 ft basically local Road it's basically dead ends oh and so it' be a 90 foot setb on that the the um the shed is was not anymore more I don't believe um there's about 10 there's a portion of it that was on the neighbor's property they did a land swap um to to rectify that as well so what is the road setback 90 feet or 125 it was interpreted at the time as 90 feet just being a local road but is it 125 currently or 125 for Township roads 90 ft for local roads we're classifying this a local road yeah just essentially just a Dead End Road so anybody else have any questions for Matt with the applicant like you got question well I just does uh you know having the house that close or having any of I'm just kind of curious to know whether or not there's any requirements for flood protection there um not at that location so it's a pretty significant um elevation jump from the river to um to the top of the the yard here and that's a really good question though and the it is not they Lo where they would be placing the house would not be in uh the the flood plane Fringe so the it would not be in the 100-year flood plane is then it would be a little counterintuitive yes exactly yep the applicant like to come up and speak you come over here to the podium and state your name for the the record Y come on up state your name for the record please Pete Nelson when when did you purchase this property about six years ago and there's never been you've only had a trailer house on it or a camper he took the trailer house off to sell it to me because he couldn't sell it with the trailer house on it because it was an old trailer house and the banks wouldn't loan so the only way you could sell a property is to get rid of the trailer right and that's that's where you want to put a house roughly in that area where the trailer house was yes all the infrastructure is there the power is there the water is there the drain Fields there and I talked to the county guy about the drain field and he seemed to be fine with it and he was going to go out and check but I haven't seen any paperwork on that all right does anybody else have any questions for the applicant the home site is where that trailer is what's to the north of it garage that's a garage y we're trying to figure out what that the next the next uh variance deals with that got it all right thank you is there anybody in the audience that wants to speak on this matter anybody in the audience that wants to speak on this matter one last time anybody in the audience want to speak on this matter hearing none does anybody have any questions for Matt or the applicant before we close a public hearing do I have a motion to close the public hearing motion made by Tim I'll second second by Travis all in favor single by saying I I all opposed we will go through find in facts number one is granting the variance in harmony with the general purpose and intent of the Clay County development code yes two is the request of the variance consistent with a Clay County comprehensive land use plan yes number three does the applicant establish that there's practical difficulties in complying with a strict letter of the Clay County development code yes yes the applicant states that the location that has power water septic and they do not want to encroach on the road setbacks number four do exceptional or extraordinary circumstances exist that apply to the property in question and that do not apply generally to other properties in the same zone or vicinity resulting from lot size or shape topography or other circumstances over which the owners of the property have had no control or influence yes number five would the literal interpretations of the provisions of the Clay County development code deprive the applicant of Rights commonly enjoyed by other properties in the same district under the terms of this ordinance yes yes six is the variance being granted the minimum variance that would alleviate the Practical difficulties yes the structure could be placed to meet setback requirements but Al alterations to the utilities and septic system would likely be required seven does the variance request meet below all criteria no variance shall be granted where any other the following conditions are not met adequate sewage treatment system or water supply capability can be provided yes the plight of the landowner or hardship is not due to circumstances created by the landowner yes the variance would not allow a use that is not already allowed in the zoning District yes the essential character locality would not alter or there would not be a significant adverse effect on the surrounding properties yes there' not be significant adverse effect on public health or safety yes the variance does not confer on the applicant any special privilege that is denied by this ordinance to owners of other land structures or buildings in the same district yes and conditions Matt you have one two conditions structure remain no longer no closer than 127 ft from the ordinary high water level for the Buffalo River and number two septic system compliance check required upgrade required if system found to be out of compliance do I have a motion to approve the variance with one with both conditions I'll make a motion motion made by Leo second second by Travis any further discussion hearing none all in favor single by saying I I all opposed variance on the house is granted moving on to number two Peter and Deborah Nelson request for variance the applicant is seeking approval of a variance to the ordinary high water level setback of the Buffalo River on a for a garage at 20666 28th Avenue South Holly Minnesota parcel ID 01643 in part of the southeast quarter of the Southwest quarter of the southeast quarter section 16 Holly Township do have a motion to approve I mean to open the public hearing motion made by Tim a second second by Travis all in favor single by saying I iOS Matt thank you Mr chair yes this is a request for um structure setback from the ordinary high water level of the Buffalo River uh Parcels the same locations the same uh zoning districts are haven't changed since the last hearing so they're the same um the request uh same as the the previous one but this is a um to reduce the 200t ordinary high water level setback 68 and 1 12 ft to 63 feet for an existing garage uh this is an interesting one similar to the house in that the garage was permitted in 1999 the ordinary high water water water level sepex stated on the permit application was a quarter mile it's a little different than 63 feet um the applicant did not construct this garage it was built by the prior owner um so what essentially is this makes it a Le illegal non-conforming structure uh basically because the there was some fibbing that happened on the the building permit application should have been addressed when it was inspected um an illegal an illegal nonconformity can't be uh repaired or replaced if it's damaged a legal non-conformity could so this essentially would bring that into conformance with the code through this variant so if something were to happen to this or if you wanted to make substantial improvment to it he he could so but the foundation is yeah one time yeah so an example I like to give is we my parents have a lake place in hubard County it has a boat house kind of right on the wa literally right on the water uh it was built prior to any Shoreland rules or Shoreland ordinances and if it were ever destroyed in a fire or anything like that or fell into the lake um they could rebuild it exactly as it is now if they had built that in post the Shoreland rules coming to into effect they would not be able to do that they'd likely have to try for a variance or relocate it or tear it down so if this does get knocked over burned down but it has still has to follow the same footprint yes you could make it twice as big no with approving it tonight yeah you could put that as a condition too if just yeah um so just with the shore Impact Zone is essentially that's land that's located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback usually development in there here is severely limited um the Buffalo River has a 200 foot setback so the sh Impact Zone is 100 feet from the ordinary high water level and again same same potential issues with the the Buffalo River and erosion and Bank slumping and things like that also uh related to our comprehensive plan goals and objectives um very similar to to the the house as well um not really much of a risk to the Water Resource more to the structure and then if this variance is granted um it would be essentially a permitted structure uh because this would be an after Thea request you can also use these criteria as in consideration um of of your decision-making process uh one if the construction was complete it's been complete since 1999 are if there's similar structures in the area there are garages in the area um if the benefit to the mun municipality enforcement compared to the burden on the applicant if compliance was required and we did have opportunity to take enforcement action when the permanent instructor was the permitted structure was inspected um probably was intentional by the prior owner just based on the building permit application but again this is not really the fault of the current land owner uh suggested conditions for this permit would be that the structure may be no closer than 63 ft from the ordinary high water level and then again septic system compliance check required any questions with the septic system is there a setback to the river for something like that yeah it would be the same as a is it 200 feet yes and that was really kind of leaving that up to the discretion of the environmental health so if that does need to be replaced he's going to have to come back septics could be a little bit different if they need to be replaced potentially if they need to be upgraded or repaired yeah um no no no could we wave that like if it needs to be replaced and he puts it within that 200 feet do we have the can we do that tonight saying he doesn't have to come back for another one of these if it has to be replaced for a variance for a variance yeah you could put that as a just a condition of the the variance because otherwise if he does need to replace he's going to have to come back here and delay his project another month or two months waiting for I just you went that oh our environmental health director is on here right now so all right yeah yes here um just wanted to mention I have gotten out and done the compliance inspection on the septic system it is currently in compliance so just wanted to make sure that that's out there for this meeting I don't have it written up yet but just wanted to add that in there does that does that take in consideration the size of house he plans on building it would it is currently for three bedrooms yes perfect thank you very much yep thanks clear's that up yep right anybody else have any questions for Matt I'm still so we're what is what exactly is this variance for is already here is it so if something happens to it he can rebuild it is that the only reason for the variance bring it into compliance yep bring it okay yep okay is there would he not be able to get a building permit without having the pieces on the property in compliance yeah that's that too that's you you went through all the work of doing this and it wasn't you know his fault per se yep then going back to that bigger picture there's another red building here looks like it's fenced off does that need to be in compliance understanding is that's going to be moved all right yep yeah that little Red Roof all right yeah I just don't want you to have to come back here again and again and again yeah I guess I guess I should have you come up to the microphone and otherwise read will be mad at me no we decided to move it rather than pay the two and a quarter or whatever to try for a variance for something that was obvious and I put it there that it was obviously too close I put it in exactly the same spot that there was a building before right before I bought it he got rid of that building and sold it too so I just put this one in the same spot but it was blatantly like 50 ft from the river so we just decided to move it and got a building permit for that so so talking about the house that you're building it it's it's about three-bedroom I mean it's not bigger than three bedrooms that septic system stays in compliance uh it's just the two of us so three-bedroom would be ample is that the question that was a question that systems are built per size of the house how many bedrooms right thank you for coming in does anybody else have any questions for them does anybody in the audience want to speak on this matter anybody in the audience want to speak on this matter one last time anybody in the audience want to speak on this matter hearing none does anybody have any else questions for Matt or the applicant do have a motion to close the public hearing motion motion made by Travis second by Le all in favor single by saying I I all opposed public hearing is now closed we'll go through findings and facts is granting the variance in harmony with the general purpose and intent to the Clay County development code yes sir number two is the requested variance consistent with the Clay County comprehensive land use plan yes number three does the applicant establish that their practical difficulties in complying with a strict letter of the Clay County development code yes the applicant states that the detached garage was built too close to the river prior to him purchasing the property number four do exceptional or extraordinary circumstances exist that apply to the property in question and that do not apply generally to the other properties in the zone vicinity resulting in lot size shape topography or other circumstances over which the owners of the property have had no control or influence yes the previous landowner constructed the building too close to the river four with the literal interpretations of the provisions of the Clay County development code deprive the applicant of Rights commonly enjoyed by other properties in the same district under the terms of this ordinance yes six is the variance being granted the minimum variance that would alleviate the Practical difficulties yes the variance would allow the structure to remain as it is in current location 63 feet from the ordinary high water level of the Buffalo River seven is the variance request meet all below criteria no variance shall be granted where any of the following conditions are not met adequate sewage treatment system or water supply capability can be provided yes yes the pl to the landowner or hardship is not due to circumstances created by the land owner yes the variance would not allow a use that is not already allowed in the zoning District yes the essential character of the locality would not be altered or there would not be a significant adverse effect on the surrounding properties yes yes there' not be a significant adverse effect on public health or safety yes the variance does not confer on the applicant any special privilege that is denied by the or this ordinance to owners of other land structures or buildings in the same district yes and Matt has two conditions one would structure may not be any closer than 63 ft from the ordinary high water level of the Buffalo River and two septic system compliance check required which it sounds like that has already been done you have a motion to approve the variance with the two conditions with the conditions with the conditions motion made by Tim a second second by Travis any further discussion hearing none all in favor single by saying I I all opposed variance granted moving on to public hearing number three Darren n get nag NE all right d go request of arance the applicant is seeking approval of a variance for a residential density standard of the resource protection aggregate overlay zoning District to place a second residence in a quarter quarter in part of the Northeast quarter of the southeast quarter section 13 tansom Township do have a motion to open the public hearing I'll make a motion motion made by Travis second Tim all in favor single by saying I I all opposed public hearing is now open Matt yeah thank you Mr chair so this is request for a second dwelling in a quarter quarter in the resource protection aggregate overlay zoning District uh this is located in uh properties located in tansom Township right on the border with otter taale County um southeast part of the county the base zoning district is agricultural General and then the overlay zoning District on this property is resource protection uh Aggregate and residential density in the resource protection aggregate district is limited to one dwelling per quarter quarter or 40 acre tract if it was just agricultural agricultural General it would be two uh depending on what township you were in so the applicant is Seeking a variance um from 8-5 c-7a of the development code that sets that residential density limit uh the request is to create a new 5 acre residential lot for the applicant's uh children uh practical difficulty given is the age and health complications from injuries sustained well in service and would like children to live close by just to help with activities of daily living all on this parcel um with the aggregate uh potential on this parcel so this is uh based off of the whole aggregate resource protection aggregate zoning district is based off a uh project that's done by the DNR where they do some field studies they look at soils they look at uh geology to determine where Aggregates and Sand and Gravel might be found um or have a high likelihood of being found uh on this parcel majority of it uh was determined and the whole purpose of it is to protect um the resource from overdevelopment uh so we don't end up in a situation like in um the self Metro the Twin Cities where they've built a bunch of um residential subdivisions and everything theyve developed over their aggregate resources and now agregates really expensive and hard to find and just more difficult to do future development so there's about six six and 3/4 Acres of high gravel potential in this quarter quarter um also looking at Wetlands the national Wetland inventory does indicate um Wetlands just in the southern part of this of this property nothing really here to the to the north I did have a discussion about soils and septic um on this on this property and it's one of those things where the the the soils could either be really good or there might be some issues that would require like a mountain system or something like that but there's potential they could be be very good for that I did talk with our uh environmental health staff about that as well um the relative plan uh comprehensive and transportation plan goals and objectives for this request we do have a goal to recognize the importance of aggregate resources to Klay County and the region and to Implement policies and standards to ensure sound stewardship of these resources and so I did kind of talk about about this before just reducing the potential for for overdevelopment of over these resources but also for land use conflicts as well um just with mainly with hauling of gravel and then noise from crushing and things like that in these areas we also have a goal to provide opportunities for Quality R rural residential development in Clay County one of those is to permit large lot nonfarm residential development if a portion of the property is preserved or converted to a use that retains the real character of the land would meet this project this the cquest would meet that objective uh in to avoid or mitigate residential development on or near environmentally sensitive lands or lands with high quality natural resources um one thing I will say uh just backing up here a little bit with aggregate potential is I did just take a look at some of the well logs of wells in this area and clay and sand basically nothing for their um that's basically what the well logs indicate clay clay and sand so nothing really in terms of gravel that I've seen not to say that there isn't any in this spot but in the surrounding area and including the well that's existing on this property uh we also have goal to recognize the diversity of living and working Arrangements in the unincorporated areas of Clay County um kind of the response to that that goal would be that family circumstances and situations May necessitate living arrangements not currently permitted by right in the development code um in this case the need to protect aggregate resources from residential development should be balanced with the need to recognize family living circumstances to age health and other unique situations uh we do allow um do recognize these currently in our code by allowing for a temporary second dwelling to be used by a relative to be placed on a residential parcel it's permitted as an interim use permit request uh interim use uh and that it would be allowable in this zoning District this variance request would create a permanent residential parcel that could eventually be sold to a non-f family member so just want to point out that distinction as well um any questions for me at all he more of a comment yes once you put the setbacks off the property line and road right away or that grab in that area if you were going to mine that that even brings that six and a half acres down to even yep yeah a couple acres yeah with your 100 foot property line set back and then your 200 foot Road right away set back yep that knocks that six and a half down to probably almost half that yeah the other thing that too that should probably be mentioned is because the applicant owns the entire quarter quarter yeah um it's really ultimately if he ever wanted mining to happen it would be up to yeah so anybody have any questions for Matt would the applicant like to come up and speak on this matter or state your name for the record I my name's Darren megato and uh the only reason I'd never give up five acres but the kids they help me out a lot and want to move over there like I said I'm a disabled vet and it ain't getting any easier yep that's all all I got to say I guess does anybody have any questions for the app anybody DED the property anybody what check to see if there's water there's got to be water I got a well over farther down south oh no no we just surveyed it all you'll find water yeah this is North hey I almost bought one that we found no streams or found you know found nothing so that on the western part of the county yeah yeah that's very common I think this well is like 85 feet deep and has a flow rate of 15 gallons per minute or something like that Hefty mine's 180 feet yeah yeah if you go to the western part of the county it can be a little trickier to find water yeah it's for sure is there anybody else in the audience who want to speak on this matter anybody else in the audience want to speak on this matter one last time anybody else in the audience want to speak on this matter does anybody have any questions from Matt or the applicant at this time before I we close the public hearing you have a motion to close the public hearing motion made by Tim second second by Travis all in favor single by saying I I I all opposed we will go through findings and facts public hearing is now closed number one is granting the variance in harmony with with a general purpose and intent to the Clay County development code yes yes is the requested variance consistent with the Clay County comprehensive land use plan yes number three does the applicant establish that their practical difficulties in the complying with the strict letter of the Clay County development code yes yes practical difficulties provided by the applicant that is that he is aging and and experiencing Health complications from injury substained while in service he would would like his children to live closer and help with activities of daily living number four do exceptional or extraordinary circumstances exist that apply to the property in question that do not apply generally to the other properties in the same zone or vicinity Rel resulting from lot size or shape topography other circumstances over which the owners of property have had no control or influence yes yes number five with literal interpret ations of the provisions of the Clay County development code deprive the applicant of Rights commonly enjoyed by other properties in the same district under the terms of this ordinance yes number six is the variance being granted the minimum variance that be alleviate the Practical difficulty yes number seven does it variance requests meet all below criteria no variance shall be granted where any of the following conditions are not met adequate sewage treatment system or water supply capability can be provided app to the landowner or hardship is not due to circumstances created by the landowner yes the landowner has no control over the location of aggregate resources see the variance would not allow a use that is not already allowed in the zoning District yes the essential character of the locality would not be altered or there would not be a significant adverse effect on the surrounding properties yes residential density would would be the same as the as the same base zoning District of the property if it was agricultural general which allows two residents parcel per quarter quarter e there would not be significant adverse effect on the public health or safety yes yes F the variance does not confer an applicant any special privilege that is denied by this ordinance to owners of other lands structure or buildings in the same district yes yes and Matt has no conditions on this and I don't feel that there is the need for any conditions on this so do I have a motion to approve the variance motion motion made by Leo second by Tim all any further discussion hearing none all in favor single by saying I variance is granted you have any old business Matt I do not Mr chair any new business no new business either have a motion to close I mean yeah motion made by Tim a second Travis all in favor I meeting adjourned