##VIDEO ID:s7ctPpE2Sfw## e e e e e e e e e e e e e e e e e all right good evening um we're gonna uh kick this off with a quick uh call to order so uh we'll start here on my end Danny Mandell Sean won Gary Harris John oh John dve ree Maggie wentler stepen Timlin I'll coach you tonight all right on-site visits none any additions or deletions to the agenda none all right make a motion to uh approve the meeting the minutes from the the previous August 6 the agenda the agenda okay so move second oh go ahead go ahead all those in favor I I motion passes all right agenda item five approval of minutes from the August 6th meeting take a motion to approve second so moved all in favor I didn't I thought you did no this is about how it's gonna go I think the motion passes hi hi all right open Forum agenda item number six we are flying through this agenda we're moving uh make a motion to to move into open hearing all right so move second all those in favor I I motion passes we're going to get right to conditional use permit applicant 01 9-24 do we have Sportland Holdings here um would you like to come to the come to the podium and just quick explanation of what you guys want to do yeah I believe the what we had asked for was just uh oh I'm sorry yeah Jason erinson um what we were asking for is on our property at our business there uh in Nisswa is to be I think there was two parts of it one to allow like during our like summer season to park like our rental boats out there like daily as they come and go um and then the second part of it was I think we had we had ordered in and had it delivered like a little storage shed that we had parked on the property and I think that we had like probably applied for like a a permit to have that yep so I'll move on to staff report as the applicant says um requesting to obtain a conditional use permit for the construction of a 12 x 24 accessory structure and the outside storage of items for sale or rent um staff report follows under analysis here scroll down on the screen um so the cup would be required for this ask um I have taken some applicable exerts out of our ordinance for um the relevance to this proposal so the size limitation of an accessory structure in the highway business district is 200 square feet without a conditional use permit so hence the need for a um Cup in this case as the square footage of this proposed structure is 288 Square ft um parking and loading is another relevant section from the ordinance um requiring screening from Highway 371 um and so I've included that the other section that I've taken out of the ordinance is the impervious coverage limit in this case the highway business district has an impervious maximum of 50% uh the structure as stated has already been delivered to the property the exterior colors matching the upper portion of the principal structure um certificate of survey for this application was not required when the application was received although one may be beneficial for understanding storm water management due to the impervious increase on the property um the conditional use permit uh for this property approved at the November 18th special meeting stated that no exterior storage is permitted allowance of exterior storage through this application will oppose that condition and and move it forward um condition was also approved to have a landscaping plan uh approved by the city PR planner prior to the issuance of a land use permit um the Landscaping plan had not been implemented as of 82624 uh but it would be needing to be developed upon um through the additional parking from the bolts um and another condition of having the parking loading area be screened um was placed on the November 18th 2021 meeting as well um it referred directly to previous code numbers and so I've um put into the staff analysis the new section that correlates the previous code number um or is that way Le application was received on 7:15 so there's an action deadline of 9913 for this motion without a deadline uh 1599 extension has not been received or requested yet Minnesota Department of Transportation got notified on 27 we received a response of no need for comment in regards to this um so the Planning Commission Direction the Planning Commission may decide to approve the application deny the application or table the application if further information is required if the decision is for approval or denial the findings of fact should be cited so there was supposed to be like screening and Landscaping and all that stuff done already yep that was a condition on the November 20 or November 18th 2021 special meeting um they submitted a landscape plan from lansburg Nursery at the time of their land use application um and it was approved by Bethany with the issuance of that permit in 2022 we have been working with Terry at lansburg this last week we purchased all the plants and they're just getting us scheduled to get all that planted from that original plan on there as well and then he just needed to know if we needed anything additional from you guys and just to let them know sure Elizabeth erinson so what was the screening supposed to be uh the screening the fence well that code um through our ordinance revisions has transitioned to um section 20- 172 which is the section of intent for for the commercial District um it was supposed to be 8 foot tall ever green trees and has since been stricken from the ordinance and so um through the ordinance revisions of the last couple years that particular phrasing of what drove the standards of the time has now been outdated and now it's more a a preference to have native vegetation um deciduous or Evergreen but screening during leaf on conditions in the summertime growing season you have a cop of it if you guys I remember the the original discussions we had when you're in for the building permits and everything um there was talk at that time about you weren't going to have a lot of outdoor out outside storage of of you know of equipment um you have quite a bit of it now um but personally I'm not against it uh you you keep it nice and neat everything's orderly in a row it looks organized over there and it is a Highway business you know it's a highway business property and uh there the of you there's going to be some could very well be some City improvements in there now so um but this uh the screening that you're going to do along along there is will help that too so yeah and we you know we don't have a problem with you know I know like the first plan it is just kind of that parking area but obviously if it requires us to kind of go across that field you know continue it you know we can do that as well you know well have to look down long term for your business as well I mean that's a big piece of property and that's not going to sit empty forever you know right right you know you know your business has a triples and quadruples you're going to need more more facilities there too so true but U there's an existing little shed that's in those trees where where the new one's going isn't there an existing shed in there that is the new is that gone no that's the new one oh that's the new one okay okay never mind so what was your initial intention on where you were going to park stuff if that's well going back to his comment in the original meeting like when we were getting our building permit I think that there was kind of a the context of what was talked about I think there was a little confusion because we also have a storage business and so when they asked will there be any storage on site we had indicated no there won't be any storage because we store 300 bolts all of that takes place at we have other properties you know that we do that and so like in my opinion like when you know I received the info that there wasn't going to be any storage I'm like well no we don't do storage like it was you know the only thing that we're keeping there is like our rentals like in between rentals like and so I I understand like the terminology you know to store things or to park things you know indicates yeah like overnight storage that I understand that now you know but I I think in the original meeting you know when we said no there won't be any storage it in our minds it was right relative to our other business and um when it comes to like our rental product I mean that stuff is pretty fluid you know like it I mean there are sometimes where it might sit you know a a few days but you know overall we have you know 30 some rental units usually they're they're not all there I mean right now there's quite a few there might be a week here and there where there's you know a few sitting there but then there's some weeks where there might be three sitting there or four you know that um but that that just kind of explains what we do I guess you know more than anything so but you're the Tunes the rentals they in the offseason do you guys put those in storage or do you shrink W them on site um this last winter we actually did Park them on site there yeah but that was never really the intention you know we we can obviously keep those at our other storage properties you know gotta right I don't have any other questions don't either all right okay entertain a motion I'll move to the the uh that City NWA planning zone Planning Commission and board of adjustment approve the conditional use permit application 09- 24 uh according to the according to the staff report is submitted and the and the conditions shown therein is there a second and the findings the findings I'm sorry I'll second I didn't know if you all right all those in favor I hi all opposed thank you guys than you that's got something to do with Landscaping I oh yeah don't forget your Landscaping thing yeah did you want this drawing back it's over here oh nice thanks all right second item um variance application 020 d24 to obtain a variance for the conversion of an existing legal non-conforming structure to a guest Cottage within the Shoreland residential zoning District no new construction opposed 25197 Hazelwood Drive P 28110 1608 owner and applicant Peterson Douglas Melanie Peterson when to come to the podium Melanie Peterson okay want give a little explanation of what you're trying to do so we purchased the property in March and on the back side of the garage on the lake side there is a big room that I believe they he had all of his trophy animals that I think is now at Sportland um but um it's just a big finished room and we would like to use that as sleeping quarters for we have six uh five children and six grandchildren and they're all married and we have lots of people when everyone wants to come so we use that as extra bedroom space and so we would just like to put a um bath room into there but we need to have the conversion so we can get the um sewer connected well that's all you're really doing is putting a bathroom in there yeah what do you have for what's your sense of timing if approved well um I've in with uh Rory stumb and um he hasn't given me an exact timeline of when he could actually dig that and do the things he needs to do um but I mean we would like to get it done before the season next year you're looking into moving that existing shed that's there yeah shed that's in yeah I did talk to a surveyor today just to get where my lot lines are right and um actually talked to Minnesota Power too about moving the wires if we were to move that shed to somewhere else besides just scooting it over but we haven't decided exactly where that will be but we are totally in you know cooperation mode on that to get it to where it needs to be for the city to be satisfied I guess the question that I had the most about this whole about the project and about the site now you just purchased it in March so I mean you you're married you're married to what's on the site so we recognize that um this building sits really close to the to the lake you know it's so um in our staff report did were you able to find out was that a permitted building at the time with a variance or so this would be a non-conformity predating the official controls from the review that I was able to surface um there was remodels in the permit history just above uh let me navigate to it on our screen here um permit history is 1976 a remodel 1977 a deck um 2004 and 2012 they changed the roof pitch on both the principal structure and the um and the accessory structure which is this one the garage that is present at about 18 ft from the ordinary high water mark where 75 is required um and so I would look at this as a non-conformity through my review um just the pre-existing nonconforming have the have the neighbors had any input into this we've gotten no public comment back well I I've spoken to several of my neighbors and they're like oh my gosh great okay so okay no it's just yeah you know cuz the neighbors Lee Anderson yeah he's on the one side he's on the one side that right there thinking it was oh the land yeah just the land um he wasn't able to make it tonight yeah we've got to you know to prove a variance we've got to um go through some items that that have to do with our our approvals and in a variance and so far as conditional you or not conditional use but granting the variances and how it affects our our long-term plans and our our zoning ordinances so um did we want a a motion first and then discussion yep I can I can can state that so um went over the setback um it's at about 18 ft where 75 would be required um the total square footage on this proposed bace would be 588 where the maximum allowable in a guest quarters is 700 um I did put in the analysis the uh shed that was located on the property I've been working with Melanie in regards to a solution for that um found three possible options one of them being removal from the property nobody wants to necessarily see that happen but she is uh already working with that surveyor to get a location proposed for it and then just a land use permit to correct it I did put that as one of the potential conditions into um this variance approval that an application for either land use permit or a variance and public hearing must be received by October 4th being the deadline for the November Planning Commission meeting um then talked to Public Works uh about the city fees for the hookup to the Sewer as of August in 2024 um the onetime one half ERC connection fee would be $8,000 and then there quarterly usage charge associated with the hook up of 10131 per month or per quarter um the impervious footprint on the property as I can calculate it currently is sitting at about 17.5% the request for guest Quarters on a lot less than 20 or regardless of impervious would require the shoreline vegetated buffer um which is already a factor as a result of a previous Shoreland alteration permit um so there may just be some review um especially as we move the shed if it's impactful to storm water kind of going through that again and you can work with me directly yeah um regarding storm water on the property um I did send a uh notice out to the DNR um who responded that they had no comments about this variance proposal um yeah that's that's my um analysis of the staff level one question I had there was a sort of a comprehensive I'll call it like a deck system along the shore if I recall was it that was the shoreline restoration that we did we took that all out got it okay and so that's removed the sidewalk up to there great is removed the ramp from the deck to the garage area has been removed so nice I mean that was quite a bit of square feet of yeah there was a fountain in there too that's all gone we that's all lawn and grass with a um sort of a basin acts as a basin now between the house in the okay in the garage are we to the variance questions is that where we're at okay you want me to take over okay okay so as a part of the process we have to go through these lists of questions um there's uh five maybe six and then we'll answer them as a group uh so you don't have to comment but we're going to be going through these questions and we're going to be answering them as a as a group so that's how it goes um so is a variance in harmony with the purpose and intent of the ordinance and comprehensive plan the applicant answered the exterior of the building will not change we are wanting to add a bathroom to an existing non-conforming building all changes will be to the interior thoughts can I I've made just a few thoughts it might make it easier for everybody if you agree with it fine if you disagree with it that's F to that's your privilege yes um uh Planning Commission finds that the variance request is in harmony with the purpose and uh my comments or our comments would be building exists and currently utilized as a sleeping area for guests and upgrade with sanitary facilities as a positive and health Improvement of the site I would agree agree okay number two is the property owner proposing to use the property in reasonable manner not permitted by the city nesar code uh they is is the answer and as as as the owner has stated which is pre-existing building with no bathroom we have used the space for extra sleeping area having to use bathroom in the middle of the night blah blah blah blah um so that's agree I would agree number three is the need for variance due to circumstances unique the property not created by the owner is current is due to circumstances unique to the property and the current owner has inherited the problem and improvements are a health upgrade AG agreed number four will the issuance who of a variance maintain the essential character of the locality uh yes agree with the applicants assessment which is all changes are under underground or to the interior of the building and there's no direct impact to the neighbors there'll be no changes in the exterior of the existing building agreed number five did I skip one no we're on five that was four Planning Commission finds that the issuance of variant will maintain the essential character of the locality because it agrees with again agrees with the applicants assessment which was sorry we have tried oh I'm I'm I'm sorry I'm backed up to four so number five does the need for variance involve more than economic considerations applicant says we have tried to luggage a luggable l bucket but washing up after limited is just whatever cleaning the bucket of or disposing of the contents is gross and on sanitary um it does uh agree and health and well-being of of the public and the and the family is it's a needed Improvement I would add that the the need for a secure sanitary uh connection is an improvement to the property as well and six uh we really don't have any other pertinent findings as far as I'm aware okay does this include the the setback then this this approves the setback as as it exists right are we we're dealing with that in the same motion this would be to approve prove the conversion of the pre-existing not forming structure in the dimensionality of 24x 242 Square ft or you know feet and dimensions um from an accessory use to gas quarters and establishment of this being the gas quarter structure on the property was there a shed involved though too something to do with the shed the shed is located near Hazlewood Drive um was unpermitted and is listed as potential condition for the very approval that that structure must be brought into conformance with local ordinance removal from the property or application for the land use permit or variant SLU hearing must be received by October 4th 2024 which would be the deadline for the next available public hearing so then the owner the applicant can decide if they're if they don't want to move it they come back for a variance on on that particular shed so yep and the October 4th was just a suggested time to allow for time of survey if she wanted to keep it in its original location she wouldn't be able to apply most there's no guarantee that variance would be over provided but you know it's still your option to yeah or just get move it and get the permit to do that correct correct well G do you want to continue on just to add the conditions and then we can well we haven't made a motion well right um I'll I'll move that variance application 020 d24 to obtain a variance for the conversion of the existing legal non-conforming structure to a gas ctage with Shoreland residential zoning District uh be approved and uh according to the staff report uh the condition the conditions were there conditions on this or two yeah there's two two conditions according to the listed potential conditions of the staff report I'll second all those in favor I I all those opposed motion carries thank you thank you you good night I'll entertain a motion to close the public hearing so move second all those in favor I I all those oppos motion carries new business property purchase recommendation 02124 the Planning Commission Board of adjustment shall review and provide a recommendation to the city council whether the potential purchase of PS 28235 40 282 30538 282 30533 and 282 30535 and the northern 100 ft of 282 30532 as shown as an exhibit a by the city of nisell complies with the city's 2030 comprehensive plan Miss Max good evening chair young members of the um great to be before you tonight to talk about a project that the city council has been working on for um about a year now and that is acquisition of some property along the um Highway 371 commercial Corridor and to hopefully obtain the commission's recommendation to approve this uh pursuance of our property purchase um as required by Statute um before we complete the transaction uh so as I mentioned um the council has been engaged with um the owner of the property located in yellow here on your screen um Stuart Mills for the past year and there are in total um a34 Acres of property for sale um the city is pursuing acquisition of 70 Acres of that and we are looking to um keep and retain some of that property for future use and then sell the property we don't need uh mostly the highway Frontage property for future private development so there are uh one two three four five parcels and a parcel of a six so I probably will have a clarification on my pids it gets it gets a little jumbled when you're dealing with so many but yeah um so there are just um a handful of parcels that we're looking to acquire as you probably are familiar with the land it's um open space currently undeveloped um the city is considering a future city water system and a public safety facility as the primary uses for some of this land would be towards the Northern end of the property uh which is the prime location for a city water system but mostly because the land is for sale and it will be for sale again or undeveloped for much longer so we want to take the opportunity to uh to acquire what what we might need for our future city needs as I mentioned um here tonight because State Statute requires that um the commission review this to determine if it is in accordance with the city's 2030 comprehensive plan uh we believe that it is in keeping with the um future desires for that commercial Corridor to kind of retain remain as such and um develop with various potential commercial uses and we want to complement that and and continue to to see that moving forward so the statute specifically is 4 62.3 56 subdivision 2 I will stop there and see if you have questions I kept my report pretty high level um just wanted to then engage your feedback I do have some findings of fact provided for your reference and then some options for uh motion language if you deem it to be in compliance or not compliant or if you have um other questions and want to table it so thank you we obviously are not to consider the the cost of the property the value that's not part of this you know corre recommending to the correct Council to buy this doesn't mean that you can spend as much as you want correct yes so um the city plans to sell Parcels I'm assuming they're going to consolidate some and then parcel off some others yes uh questions came up in the past about access to those Parcels when we've had it come through the commission before some of the neighbors that were on kind of Old Government Trail there they're wondering on the future city plans and how they're going to access these Parcels so it's not just like a well they just want an idea of direction right absolutely so the timing works out really well with mindat and their Corridor study that's happening with the maps behind you um and so working with them to ensure we know what the plan is for really the northern half of that property and connecting with 77 and then that middle section what does that access on and off the highway look like and the southern portion that will be retained um by the property owner um across from Timberwood church and what kind of access development might that look like um into into the future as well so the timing works out where we're talking quite a bit about future use and what um developers might need or want to see from exess and the access from the north would be the southerly exension of Hazelwood back in there correct yes which would be the backage road coming behind Wendy's right yes this is where um by water facilities I assume we're talking Wells and treatment treatment facility and a tower exactly yes any other questions to me yeah there's not often you get a parcel like this especially in niswa absolutely yes yes I like the fact that you're talking about selling yeah the commercial portion along the highway that makes sense to me okay so we need a um a motion of recommendation is that all we're looking for then okay yes um it would be option one if you find that um this is in compliance with the comp plan and I will just note that um it's PS 28230 540 2823 0538 2823 0533 282 3535 2823 0532 and the northern 100 ft of 2823 0531 yes yes I'll get you the correction well I'll entertain a motion I'd move that we recommend to the city Council to to go ahead with option one of the options in motion language of the staff report and to to recommend the purchase of of the property according to that accordingly all those in favor I I all those opposed motion carries thank you you've been working on it for a year so we know that it's right uh moving on we have no old business city planners report uh so we have issued eight permits since last time you reviewed a city planner report um eight of them being land use permits um one of them being a Shand alteration permit I have a couple more going through review at this time is there no paper attached for this the very last sheet I'm missing M doesn't matter that's all right no that's okay thank you a lot of accessory structures yeah the last thank you Stephen's been here what two weeks Now Yep this say day 11 he've been doing great I want to welcome you to the staff and welcome you to our our own body here it's a it's refreshing to have somebody again but we and your predecessors have done a wonderful work but from what I've seen already it's you're really often of and running it impressive his first day he got here at 7:50 and he walked in with somebody and talked to for a half hour so he just hit the ground run and he didn't to put his books down yet very first parid isue welcome thank you where are you joining us from uh I came from croing County I was doing Planning and Zoning most recently there and some before that uhit land Administration and things welcome thank you yes any other questions comments no I'll entertain a motion to adjourn second all those in favor I all those oppos motion carries we are adjourn