1 00:00:07,120 --> 00:00:09,800 we'll go ahead and call tonight's uh 2 00:00:09,800 --> 00:00:13,799 Planning Commission meeting to order and 3 00:00:13,799 --> 00:00:15,359 look for 4 00:00:15,359 --> 00:00:20,000 a um approval of the minutes and agenda 5 00:00:20,000 --> 00:00:23,199 makeing a motion to approve 6 00:00:23,199 --> 00:00:25,760 them do we have any amendments or any 7 00:00:25,760 --> 00:00:28,640 changes I don't got a motion do we have 8 00:00:28,640 --> 00:00:30,519 a second 9 00:00:30,519 --> 00:00:31,399 I'll 10 00:00:31,399 --> 00:00:36,120 second all in favor hi hi 11 00:00:36,120 --> 00:00:39,440 opposed and we will uh go right into our 12 00:00:39,440 --> 00:00:40,399 old 13 00:00:40,399 --> 00:00:42,719 business um do I need to say anything 14 00:00:42,719 --> 00:00:45,399 about the van Dorry zone or yep thank 15 00:00:45,399 --> 00:00:46,920 you Mr chair I just wanted to give you a 16 00:00:46,920 --> 00:00:49,680 quick update on that that schroer 17 00:00:49,680 --> 00:00:51,960 Township had a meeting last Tuesday that 18 00:00:51,960 --> 00:00:54,640 I attended virtually and they're going 19 00:00:54,640 --> 00:00:57,600 to begin their schroer Town Plan update 20 00:00:57,600 --> 00:00:59,760 in January they're going to they've had 21 00:00:59,760 --> 00:01:02,640 a few they did a call out for Township 22 00:01:02,640 --> 00:01:05,199 committee members essentially members of 23 00:01:05,199 --> 00:01:06,680 the community that want to participate 24 00:01:06,680 --> 00:01:08,320 and so they had some interest from 25 00:01:08,320 --> 00:01:11,200 citizens and I expressed willingness and 26 00:01:11,200 --> 00:01:12,680 interest to be a part of that process 27 00:01:12,680 --> 00:01:15,320 too so that I can uh help however way I 28 00:01:15,320 --> 00:01:17,520 may and so we'll begin that meeting in 29 00:01:17,520 --> 00:01:20,079 January and uh I can give you updates as 30 00:01:20,079 --> 00:01:23,439 we go along um but the voran reone 31 00:01:23,439 --> 00:01:25,759 request subsequently withdrew their 32 00:01:25,759 --> 00:01:28,920 rezone application and we told them that 33 00:01:28,920 --> 00:01:30,680 they could reapply for for the rezone 34 00:01:30,680 --> 00:01:32,320 after that Township Plan update has 35 00:01:32,320 --> 00:01:33,799 taken effect and that we would wave the 36 00:01:33,799 --> 00:01:36,000 application fee so essentially hey the 37 00:01:36,000 --> 00:01:38,280 town plan's updated let's see how this 38 00:01:38,280 --> 00:01:39,720 uh request matches up with that Plan 39 00:01:39,720 --> 00:01:42,119 update in the future so that is 40 00:01:42,119 --> 00:01:45,759 completed for now thank 41 00:01:45,759 --> 00:01:50,399 you um second old business item uh Peter 42 00:01:50,399 --> 00:01:53,320 grubish Green bull LLC request to 43 00:01:53,320 --> 00:01:55,799 consider preliminary plant to sub 44 00:01:55,799 --> 00:01:57,640 preliminary plant to subdivide one 45 00:01:57,640 --> 00:02:00,600 parcel into 16 residential lots um 46 00:02:00,600 --> 00:02:02,240 Temperance Trails 47 00:02:02,240 --> 00:02:07,600 development um file number 2024 2p Neva 48 00:02:07,600 --> 00:02:10,319 thank you Mr chair this is being brought 49 00:02:10,319 --> 00:02:12,879 back before you uh this is a revised 50 00:02:12,879 --> 00:02:16,000 request back in August you reviewed a 51 00:02:16,000 --> 00:02:17,720 version of this preliminary plat that 52 00:02:17,720 --> 00:02:19,720 was phased out so originally it was a 53 00:02:19,720 --> 00:02:23,680 phase one phase 2 proposal uh since then 54 00:02:23,680 --> 00:02:26,120 the plan has now been modified to be the 55 00:02:26,120 --> 00:02:28,280 proposed full buildout of the plat 56 00:02:28,280 --> 00:02:29,480 that's one of the biggest differences 57 00:02:29,480 --> 00:02:30,840 than what you may have seen or 58 00:02:30,840 --> 00:02:33,879 remembered from August so before you now 59 00:02:33,879 --> 00:02:35,720 is the preliminary plat to subdivide 60 00:02:35,720 --> 00:02:37,640 into 16 and this would be again the full 61 00:02:37,640 --> 00:02:40,400 build out of it as a reminder the 62 00:02:40,400 --> 00:02:43,000 property is a little over 29 Acres Zone 63 00:02:43,000 --> 00:02:45,239 single family residential where the lot 64 00:02:45,239 --> 00:02:47,280 development is proposed and General 65 00:02:47,280 --> 00:02:49,640 commercial over by the highway uh these 66 00:02:49,640 --> 00:02:52,000 planned unit developments are 67 00:02:52,000 --> 00:02:53,440 conditional use in the zone district and 68 00:02:53,440 --> 00:02:55,000 the conditional use permit was issued 69 00:02:55,000 --> 00:02:56,640 about this time in 70 00:02:56,640 --> 00:02:59,560 2023 and uh this property is within the 71 00:02:59,560 --> 00:03:02,120 nor management 72 00:03:02,120 --> 00:03:06,159 Zone uh on the screen is the revised 73 00:03:06,159 --> 00:03:09,319 preliminary plat map um the property 74 00:03:09,319 --> 00:03:10,879 again is located behind Birch Grove 75 00:03:10,879 --> 00:03:13,040 Community School and is generally uh 76 00:03:13,040 --> 00:03:15,480 used for an outdoor education space at 77 00:03:15,480 --> 00:03:17,959 the play area the preliminary plot has 78 00:03:17,959 --> 00:03:20,159 set aside the recreational space as a 79 00:03:20,159 --> 00:03:23,799 common element between units 104 and 105 80 00:03:23,799 --> 00:03:26,599 North of this project site is F1 Zone 81 00:03:26,599 --> 00:03:28,840 land which is the 20 acre minimum lot 82 00:03:28,840 --> 00:03:31,239 size area east and west of the project 83 00:03:31,239 --> 00:03:33,640 site is the single family residential uh 84 00:03:33,640 --> 00:03:35,519 Zone district and immediately south of 85 00:03:35,519 --> 00:03:37,560 the project site is General commercial 86 00:03:37,560 --> 00:03:39,760 and Land South of Highway 61 is Resort 87 00:03:39,760 --> 00:03:43,390 commercial and 88 00:03:43,400 --> 00:03:46,439 R1 uh I put in the conditions of 89 00:03:46,439 --> 00:03:48,720 approval for the conditional use permit 90 00:03:48,720 --> 00:03:51,000 that was issued again the conditional 91 00:03:51,000 --> 00:03:54,280 use permit was allowing up to 22 92 00:03:54,280 --> 00:03:57,159 residential units the conditions 93 00:03:57,159 --> 00:03:59,280 attached to that were that the drinking 94 00:03:59,280 --> 00:04:01,519 water Supply meets state code 95 00:04:01,519 --> 00:04:03,560 requirements there was a full septic 96 00:04:03,560 --> 00:04:05,799 design plan with other stipulations with 97 00:04:05,799 --> 00:04:08,200 septic requirements the preliminary plot 98 00:04:08,200 --> 00:04:10,480 was to identify areas for storm water 99 00:04:10,480 --> 00:04:12,760 management a large sight storm water 100 00:04:12,760 --> 00:04:14,319 permit would be required prior to 101 00:04:14,319 --> 00:04:16,720 beginning a grade fill activities on 102 00:04:16,720 --> 00:04:19,519 site all state and federal permits would 103 00:04:19,519 --> 00:04:21,600 be secured including storm water permits 104 00:04:21,600 --> 00:04:24,000 with PCA and or Minnesota Pollution 105 00:04:24,000 --> 00:04:25,880 Control agency and the community public 106 00:04:25,880 --> 00:04:27,360 water supply plan approval with 107 00:04:27,360 --> 00:04:29,199 Minnesota Department of Health and 108 00:04:29,199 --> 00:04:30,400 potentially Department of Labor and 109 00:04:30,400 --> 00:04:32,680 Industry and that the road in culdesac 110 00:04:32,680 --> 00:04:35,680 would remain as a double lane travel 111 00:04:35,680 --> 00:04:38,840 Corridor on the screen is the zoning map 112 00:04:38,840 --> 00:04:42,639 for the locality with the proposed 113 00:04:42,639 --> 00:04:46,039 project site just above that red area on 114 00:04:46,039 --> 00:04:49,240 the screen I also included the map just 115 00:04:49,240 --> 00:04:50,800 to remind you of what the original 116 00:04:50,800 --> 00:04:52,960 conditional use permit looks like so the 117 00:04:52,960 --> 00:04:55,880 road shape is in spirit still about the 118 00:04:55,880 --> 00:04:58,039 same configuration with that Dead End 119 00:04:58,039 --> 00:05:01,000 Road we now don't have the culdesac it's 120 00:05:01,000 --> 00:05:02,919 a hammerhead and it's located in a 121 00:05:02,919 --> 00:05:04,600 little bit of a different location with 122 00:05:04,600 --> 00:05:08,750 a different setup of the residential 123 00:05:08,750 --> 00:05:10,960 [Applause] 124 00:05:10,960 --> 00:05:14,680 units let's see for site conditions and 125 00:05:14,680 --> 00:05:16,840 considerations for Wetlands the 126 00:05:16,840 --> 00:05:19,039 application has shifted the road south 127 00:05:19,039 --> 00:05:21,360 to minimize Wetland impacts to comply 128 00:05:21,360 --> 00:05:23,560 with the state Wetland Conservation act 129 00:05:23,560 --> 00:05:26,120 the road development will still require 130 00:05:26,120 --> 00:05:29,160 a wetland replacement plan and that 131 00:05:29,160 --> 00:05:30,800 would be through the purchase of wetland 132 00:05:30,800 --> 00:05:34,039 credits for septic Mitch erson the Cook 133 00:05:34,039 --> 00:05:35,840 County environmental health specialist 134 00:05:35,840 --> 00:05:37,960 has provided a memo indicating that 135 00:05:37,960 --> 00:05:39,319 environmental health will need to work 136 00:05:39,319 --> 00:05:41,199 with a septic design in the spring when 137 00:05:41,199 --> 00:05:43,560 the review of soils is feasible this is 138 00:05:43,560 --> 00:05:45,919 to say that a full septic design has not 139 00:05:45,919 --> 00:05:47,919 yet been reviewed for the site and that 140 00:05:47,919 --> 00:05:49,520 can't really happen until the springtime 141 00:05:49,520 --> 00:05:51,160 when the soils can be 142 00:05:51,160 --> 00:05:54,199 verified for the road the platted road 143 00:05:54,199 --> 00:05:56,560 is shown as 66 ft wide and the plat 144 00:05:56,560 --> 00:05:58,319 shows a 30ft setback from the road 145 00:05:58,319 --> 00:06:01,240 RightWay the plat map shows a hammerhead 146 00:06:01,240 --> 00:06:04,520 turnaround that's 20 ft deep and 110 ft 147 00:06:04,520 --> 00:06:06,759 wide staff have reached out to the Cook 148 00:06:06,759 --> 00:06:08,160 County Sheriff's Department Highway 149 00:06:08,160 --> 00:06:09,960 engineer and tofy Township to see if 150 00:06:09,960 --> 00:06:12,000 this would be an adequate uh size for 151 00:06:12,000 --> 00:06:14,360 emergency services the feedback I 152 00:06:14,360 --> 00:06:16,000 received from those entities is they did 153 00:06:16,000 --> 00:06:18,560 not think it would be a big issue the 154 00:06:18,560 --> 00:06:20,960 tofy township supervisor indicated he 155 00:06:20,960 --> 00:06:22,280 wouldn't think it would be a problem for 156 00:06:22,280 --> 00:06:24,319 the township and Sheriff Elias and also 157 00:06:24,319 --> 00:06:25,680 indicated that he didn't think that this 158 00:06:25,680 --> 00:06:28,000 would be a 159 00:06:28,000 --> 00:06:31,319 problem for storm water the preliminary 160 00:06:31,319 --> 00:06:33,639 plat shows storm water ponds on the east 161 00:06:33,639 --> 00:06:35,960 and west side of the development the 162 00:06:35,960 --> 00:06:37,840 size of the rain event the stormwater 163 00:06:37,840 --> 00:06:40,199 Pond is designed for is unclear the Cook 164 00:06:40,199 --> 00:06:41,800 County Highway engineer has indicated 165 00:06:41,800 --> 00:06:43,280 that these ponds should be designed for 166 00:06:43,280 --> 00:06:46,360 a 10year 24-hour rain event minimum uh 167 00:06:46,360 --> 00:06:48,880 per Minnesota state requirements which 168 00:06:48,880 --> 00:06:51,759 would be approximately 3.55 in 169 00:06:51,759 --> 00:06:54,599 rainfall for the survey 170 00:06:54,599 --> 00:06:56,479 review um you know now would be an 171 00:06:56,479 --> 00:06:58,160 appropriate time to acknowledge that the 172 00:06:58,160 --> 00:06:59,960 Cook County Surveyor Wayne hen she did 173 00:06:59,960 --> 00:07:02,400 recently pass away so he was unable to 174 00:07:02,400 --> 00:07:05,479 do a review of this plat uh when I 175 00:07:05,479 --> 00:07:08,440 reached out to other surveyors uh to Mr 176 00:07:08,440 --> 00:07:11,199 hen's Legacy and credit many expressed 177 00:07:11,199 --> 00:07:13,599 strong enthusiasm to assist us in any 178 00:07:13,599 --> 00:07:15,800 way that they could uh being he was such 179 00:07:15,800 --> 00:07:18,800 an important role in that community so I 180 00:07:18,800 --> 00:07:20,720 did get assistance from St Louis County 181 00:07:20,720 --> 00:07:24,479 to review this plat and um they 182 00:07:24,479 --> 00:07:27,160 indicated to me that the type of plat 183 00:07:27,160 --> 00:07:28,800 that this is is subject to Minnesota 184 00:07:28,800 --> 00:07:30,639 state statute 185 00:07:30,639 --> 00:07:34,360 5:15 um the part of the information I 186 00:07:34,360 --> 00:07:35,440 received so I'm not going to have this 187 00:07:35,440 --> 00:07:37,039 in the staff narrative itself because I 188 00:07:37,039 --> 00:07:38,160 didn't have this information when I 189 00:07:38,160 --> 00:07:40,879 wrote the staff narrative uh so I do 190 00:07:40,879 --> 00:07:44,120 have I made a slide for it there we go 191 00:07:44,120 --> 00:07:45,319 uh you don't have to read that I will 192 00:07:45,319 --> 00:07:46,960 read it to you um so this is the 193 00:07:46,960 --> 00:07:48,240 information from the St Louis County 194 00:07:48,240 --> 00:07:50,400 surveyor's office they completed a 195 00:07:50,400 --> 00:07:51,800 meeting with the St Louis County 196 00:07:51,800 --> 00:07:53,120 Auditor's office regarding this 197 00:07:53,120 --> 00:07:55,759 preliminary plat submitt for the cic 43 198 00:07:55,759 --> 00:07:57,960 in Cook County the biggest concern that 199 00:07:57,960 --> 00:07:59,960 they saw is that the Declaration is 200 00:07:59,960 --> 00:08:01,759 incomplete uh the title on the 201 00:08:01,759 --> 00:08:03,440 Declaration doesn't agree with the title 202 00:08:03,440 --> 00:08:05,400 shown on the map portion of the plat and 203 00:08:05,400 --> 00:08:08,280 the dec uh declaration States cic number 204 00:08:08,280 --> 00:08:11,759 17 whereas the map says cic number 43 205 00:08:11,759 --> 00:08:15,159 the cic also indicates there's 15 uh or 206 00:08:15,159 --> 00:08:18,080 total of 10 units where the plat map is 207 00:08:18,080 --> 00:08:21,879 showing a different number and the legal 208 00:08:21,879 --> 00:08:23,919 description on the property isn't 209 00:08:23,919 --> 00:08:25,840 accurate in the the 210 00:08:25,840 --> 00:08:28,039 Declaration uh that was the biggest 211 00:08:28,039 --> 00:08:30,240 concern that they saw uh they felt that 212 00:08:30,240 --> 00:08:32,000 the Declarations needed a significant 213 00:08:32,000 --> 00:08:34,159 amount of cleaning up so to say before 214 00:08:34,159 --> 00:08:37,279 it submitted for final plat and the 215 00:08:37,279 --> 00:08:39,000 emphasis with these types of 216 00:08:39,000 --> 00:08:40,719 developments and this type of a plat is 217 00:08:40,719 --> 00:08:43,000 that the Declarations document is is 218 00:08:43,000 --> 00:08:45,959 really the meat and potatoes so to say 219 00:08:45,959 --> 00:08:47,880 that ties everything together so it is 220 00:08:47,880 --> 00:08:49,760 really important that that gets accurate 221 00:08:49,760 --> 00:08:52,279 before this project goes to final plat I 222 00:08:52,279 --> 00:08:54,519 think there's a way to condition this 223 00:08:54,519 --> 00:08:57,120 that requ requires improvements of the 224 00:08:57,120 --> 00:08:59,760 Declaration to be reviewed by an 225 00:08:59,760 --> 00:09:01,800 attorney and then the county attorney or 226 00:09:01,800 --> 00:09:03,320 one of our representative attorneys can 227 00:09:03,320 --> 00:09:04,880 also review it before it goes to final 228 00:09:04,880 --> 00:09:07,200 plat to to remedy those 229 00:09:07,200 --> 00:09:10,800 issues um there also was a it's worth 230 00:09:10,800 --> 00:09:14,320 noting there was a little question about 231 00:09:14,320 --> 00:09:17,360 the drainage and utility easements um so 232 00:09:17,360 --> 00:09:19,320 the plat map shows drainage and utility 233 00:09:19,320 --> 00:09:20,880 easements and this is getting a little 234 00:09:20,880 --> 00:09:23,000 bit in the weeds but I do believe we'll 235 00:09:23,000 --> 00:09:24,600 want to further talk about that with the 236 00:09:24,600 --> 00:09:26,120 applicants as to whether or not that's 237 00:09:26,120 --> 00:09:29,920 allowed on a cic plat um and this is not 238 00:09:29,920 --> 00:09:31,640 a subject matter that I typically work 239 00:09:31,640 --> 00:09:33,640 with but the St Louis County surveyor's 240 00:09:33,640 --> 00:09:35,600 office told me that drainage and utility 241 00:09:35,600 --> 00:09:38,760 easements cannot be on cic plats we I 242 00:09:38,760 --> 00:09:40,160 don't again don't think that's 243 00:09:40,160 --> 00:09:42,000 substantial to this but I want that kind 244 00:09:42,000 --> 00:09:43,200 of shown in the record that that needs 245 00:09:43,200 --> 00:09:45,720 to be addressed before the final plat uh 246 00:09:45,720 --> 00:09:47,279 is approved to make sure that that's 247 00:09:47,279 --> 00:09:49,079 conforming to State 248 00:09:49,079 --> 00:09:53,240 statutes for the design standards uh 249 00:09:53,240 --> 00:09:56,600 relative to our Cook County subdivision 250 00:09:56,600 --> 00:09:59,360 ordinance this project does meet the 251 00:09:59,360 --> 00:10:04,320 requirements of the um open space 252 00:10:04,320 --> 00:10:06,920 preservation what I did highlight in my 253 00:10:06,920 --> 00:10:08,839 staff report is that there was areas on 254 00:10:08,839 --> 00:10:10,959 the plat map that indicated was open 255 00:10:10,959 --> 00:10:14,600 space but isn't allowed to be open space 256 00:10:14,600 --> 00:10:18,800 um so that would be the septic treatment 257 00:10:18,800 --> 00:10:20,399 and the storm water 258 00:10:20,399 --> 00:10:22,399 infrastructure even if those were taken 259 00:10:22,399 --> 00:10:24,000 out of that calculation this does still 260 00:10:24,000 --> 00:10:26,880 meet the 50% open space requirements so 261 00:10:26,880 --> 00:10:31,519 just to note that uh detail there for 262 00:10:31,519 --> 00:10:34,040 public noticing I did Reen notice this 263 00:10:34,040 --> 00:10:35,839 plat request because the design had 264 00:10:35,839 --> 00:10:37,399 changed so significantly from the 265 00:10:37,399 --> 00:10:39,600 original public noticing so this began 266 00:10:39,600 --> 00:10:42,040 all the public noticing process again so 267 00:10:42,040 --> 00:10:43,600 this was on the Cook County News Herald 268 00:10:43,600 --> 00:10:46,560 Public Notices on November 29th 57 269 00:10:46,560 --> 00:10:47,959 letters of notification were sent to 270 00:10:47,959 --> 00:10:49,920 adjacent Property Owners as well as 271 00:10:49,920 --> 00:10:52,200 County departments the town of tofy 272 00:10:52,200 --> 00:10:55,200 norshore management board and DNR hyd 273 00:10:55,200 --> 00:10:58,000 hydrologist we received three letters of 274 00:10:58,000 --> 00:11:00,360 support uh from members of the community 275 00:11:00,360 --> 00:11:03,880 which included Rob Deer who was in 276 00:11:03,880 --> 00:11:05,519 support to expand housing on the West 277 00:11:05,519 --> 00:11:07,920 End Dennis risdall personally on behalf 278 00:11:07,920 --> 00:11:10,760 of and on behalf of American and tofy a 279 00:11:10,760 --> 00:11:12,560 letter of support indicating a desire to 280 00:11:12,560 --> 00:11:14,800 see the development restricted to owner 281 00:11:14,800 --> 00:11:16,480 occupancy only and not allow nightly 282 00:11:16,480 --> 00:11:19,240 rental use and Mary omnus provided a 283 00:11:19,240 --> 00:11:21,880 letter of support at housing and tofy 284 00:11:21,880 --> 00:11:24,079 additionally for technical memos as I 285 00:11:24,079 --> 00:11:26,000 mentioned before Mitch erson provided 286 00:11:26,000 --> 00:11:28,639 his review uh C County so and water 287 00:11:28,639 --> 00:11:30,040 conservation District provided a 288 00:11:30,040 --> 00:11:32,320 detailed membo indicating guidance for 289 00:11:32,320 --> 00:11:35,920 storm water practices in the difficult 290 00:11:35,920 --> 00:11:39,920 terrain uh and also that they could help 291 00:11:39,920 --> 00:11:41,639 hopefully help secure grants to 292 00:11:41,639 --> 00:11:44,279 implement climate resilient storm water 293 00:11:44,279 --> 00:11:46,200 infrastructure Holly schroer the Cook 294 00:11:46,200 --> 00:11:48,120 County Recorder indicated that the plat 295 00:11:48,120 --> 00:11:49,959 has not been updated to include the 296 00:11:49,959 --> 00:11:51,200 signature line for the Planning 297 00:11:51,200 --> 00:11:52,600 Commission chairperson the county 298 00:11:52,600 --> 00:11:53,800 attorney and the County Board 299 00:11:53,800 --> 00:11:55,600 chairperson which was mentioned in the 300 00:11:55,600 --> 00:11:58,040 county records August 28th memo 301 00:11:58,040 --> 00:12:00,440 originally and and additionally I 302 00:12:00,440 --> 00:12:02,800 indicated I reached out to Craig corak 303 00:12:02,800 --> 00:12:04,519 the tofy township supervisor and he 304 00:12:04,519 --> 00:12:06,120 indicated the Township's priority was at 305 00:12:06,120 --> 00:12:07,600 the homes be deed restricted to no 306 00:12:07,600 --> 00:12:09,480 short-term rentals and that the Cook 307 00:12:09,480 --> 00:12:11,240 County Sheriff palatalized and indicated 308 00:12:11,240 --> 00:12:15,150 no concerns with the proposed Hammerhead 309 00:12:15,160 --> 00:12:18,760 turnaround for staff recommendations for 310 00:12:18,760 --> 00:12:20,839 consideration the preliminary plat 311 00:12:20,839 --> 00:12:22,880 proposes to add 16 residential units in 312 00:12:22,880 --> 00:12:24,800 tofy a use which is highly desired 313 00:12:24,800 --> 00:12:26,680 throughout the community and Township 314 00:12:26,680 --> 00:12:28,360 this application has significantly 315 00:12:28,360 --> 00:12:30,240 increased its ACC accy since August 316 00:12:30,240 --> 00:12:33,079 middle and is now proposing to proposing 317 00:12:33,079 --> 00:12:34,680 the full plat instead of the original 318 00:12:34,680 --> 00:12:36,880 phase approach the residential density 319 00:12:36,880 --> 00:12:38,800 has a lower density than the original 320 00:12:38,800 --> 00:12:40,320 conditional use permit allowed and 321 00:12:40,320 --> 00:12:42,240 smaller lots and unit sizes than 322 00:12:42,240 --> 00:12:44,079 originally proposed neither of these 323 00:12:44,079 --> 00:12:46,399 items are viewed as problematic to staff 324 00:12:46,399 --> 00:12:48,600 so long as the plat can maintain the 50% 325 00:12:48,600 --> 00:12:50,959 open space preservation the Planning 326 00:12:50,959 --> 00:12:52,600 Commission must decide whether to 327 00:12:52,600 --> 00:12:54,240 recommend approval or denial of his 328 00:12:54,240 --> 00:12:56,360 application at the December 18th meeting 329 00:12:56,360 --> 00:12:58,120 tabling the application is unlikely to 330 00:12:58,120 --> 00:13:00,079 be productive as the proposer has an 331 00:13:00,079 --> 00:13:01,720 agreement with the county H that 332 00:13:01,720 --> 00:13:03,320 requires a permitting decision by the 333 00:13:03,320 --> 00:13:04,120 end of 334 00:13:04,120 --> 00:13:06,560 2024 staff believes that additional 335 00:13:06,560 --> 00:13:08,240 Corrections and Technical information 336 00:13:08,240 --> 00:13:09,839 can be addressed after approval of the 337 00:13:09,839 --> 00:13:11,880 preliminary plot and it encourages the 338 00:13:11,880 --> 00:13:13,560 Planning Commission to consider setting 339 00:13:13,560 --> 00:13:15,279 conditions of approval to address any 340 00:13:15,279 --> 00:13:17,600 and all concerns they may have to be 341 00:13:17,600 --> 00:13:19,800 addressed before final plat if 342 00:13:19,800 --> 00:13:22,120 additional information to be gained 343 00:13:22,120 --> 00:13:24,160 significantly Alters the project an 344 00:13:24,160 --> 00:13:26,199 amendment to the plat to Amendment to 345 00:13:26,199 --> 00:13:27,920 the preliminary plat is an option to 346 00:13:27,920 --> 00:13:29,959 address those issues in in the 347 00:13:29,959 --> 00:13:33,320 future I put together uh some conditions 348 00:13:33,320 --> 00:13:35,199 that I thought could give us some 349 00:13:35,199 --> 00:13:37,079 beginning talking points and I'll try to 350 00:13:37,079 --> 00:13:40,720 summarize through them um and and we can 351 00:13:40,720 --> 00:13:43,000 discuss further from there so number one 352 00:13:43,000 --> 00:13:44,720 maximum density is limited to 16 353 00:13:44,720 --> 00:13:46,760 residential units total with one 354 00:13:46,760 --> 00:13:49,600 dwelling per a lot slun structure 355 00:13:49,600 --> 00:13:51,800 setback shall be 10 ft from interior and 356 00:13:51,800 --> 00:13:54,320 exterior lot lines with exception on 357 00:13:54,320 --> 00:13:56,519 Lots with duplexes connected to the 358 00:13:56,519 --> 00:13:59,399 abing lot and a 30t from the plat Road 359 00:13:59,399 --> 00:14:01,680 right away each lot is permitted one 360 00:14:01,680 --> 00:14:03,360 accessory structure to be used as a 361 00:14:03,360 --> 00:14:05,360 garage Andor storage the maximum 362 00:14:05,360 --> 00:14:07,480 accessory structure area is 900 square 363 00:14:07,480 --> 00:14:10,440 ft or 20 ft in height or other size per 364 00:14:10,440 --> 00:14:12,880 the planning commission's discretion the 365 00:14:12,880 --> 00:14:15,079 cic plat and declarations must be in 366 00:14:15,079 --> 00:14:17,880 accordance with Minnesota statute 515 367 00:14:17,880 --> 00:14:19,759 the open space preservation must be in 368 00:14:19,759 --> 00:14:20,839 accordance with the Cook County 369 00:14:20,839 --> 00:14:22,680 subdivision ordinance and not include 370 00:14:22,680 --> 00:14:24,519 the septic treatment or storm water 371 00:14:24,519 --> 00:14:26,600 infrastructure storm water design should 372 00:14:26,600 --> 00:14:29,839 be updated to meet mpca requirements 373 00:14:29,839 --> 00:14:32,160 all other state storm water regulations 374 00:14:32,160 --> 00:14:34,079 and Cook County storm water ordinance 375 00:14:34,079 --> 00:14:36,480 regulations shall be met the project 376 00:14:36,480 --> 00:14:38,040 proposers encouraged to work with the co 377 00:14:38,040 --> 00:14:39,360 County Soil and Water Conservation 378 00:14:39,360 --> 00:14:40,839 District to explore assistance with 379 00:14:40,839 --> 00:14:42,399 implementing climate resilient storm 380 00:14:42,399 --> 00:14:44,279 water 381 00:14:44,279 --> 00:14:46,360 infrastructure the project conforms to 382 00:14:46,360 --> 00:14:48,079 the state Wetland Conservation act 383 00:14:48,079 --> 00:14:50,560 boundaries uh which shall be monumented 384 00:14:50,560 --> 00:14:52,160 in the form acceptable to the County's 385 00:14:52,160 --> 00:14:54,040 Wetland specialist Andor Planning and 386 00:14:54,040 --> 00:14:56,279 Zoning administrator all residential 387 00:14:56,279 --> 00:14:57,839 lots unit shall conform to the state 388 00:14:57,839 --> 00:15:00,160 Wetland regulations 389 00:15:00,160 --> 00:15:02,320 a licensed septic designer uh 390 00:15:02,320 --> 00:15:04,000 coordinates with C County Environmental 391 00:15:04,000 --> 00:15:05,440 Health to complete the soils 392 00:15:05,440 --> 00:15:07,800 verification and septic design and I 393 00:15:07,800 --> 00:15:10,360 included a lot of details to what would 394 00:15:10,360 --> 00:15:12,920 be expected in that number nine the 395 00:15:12,920 --> 00:15:15,199 homeowners association is established 396 00:15:15,199 --> 00:15:16,920 with the following features and those 397 00:15:16,920 --> 00:15:18,199 are four features outlined in our 398 00:15:18,199 --> 00:15:20,519 subdivision ordinance number 10 the 399 00:15:20,519 --> 00:15:22,480 water may be provided by individual 400 00:15:22,480 --> 00:15:24,320 on-site Wells or by one or more 401 00:15:24,320 --> 00:15:26,440 Community wells in Open 402 00:15:26,440 --> 00:15:28,639 Spaces number 11 the developer and 403 00:15:28,639 --> 00:15:30,240 County shall enter into a developers 404 00:15:30,240 --> 00:15:32,600 agreement acceptable to the county for 405 00:15:32,600 --> 00:15:34,319 all subdivisions prior to the granting a 406 00:15:34,319 --> 00:15:36,560 final approval of the development and 407 00:15:36,560 --> 00:15:38,440 number 12 approval of the preliminary 408 00:15:38,440 --> 00:15:40,319 plat does not constitute an acceptance 409 00:15:40,319 --> 00:15:41,880 of the subdivision but is deemed to be 410 00:15:41,880 --> 00:15:44,199 an authorization to proceed a final plat 411 00:15:44,199 --> 00:15:45,560 and the rest of that language that's all 412 00:15:45,560 --> 00:15:47,560 from our subdivision ordinance this is 413 00:15:47,560 --> 00:15:49,319 just pulling out certain sections of our 414 00:15:49,319 --> 00:15:52,279 subdivision ordinance for uh 415 00:15:52,279 --> 00:15:54,519 clarification 416 00:15:54,519 --> 00:15:57,360 purposes uh I did receive some more 417 00:15:57,360 --> 00:16:00,279 information about stormw Design Elements 418 00:16:00,279 --> 00:16:01,880 so when we get into that discussion we 419 00:16:01,880 --> 00:16:04,519 can talk about some of the thoughts 420 00:16:04,519 --> 00:16:06,000 about maybe setting more clear 421 00:16:06,000 --> 00:16:07,360 conditions about the storm water 422 00:16:07,360 --> 00:16:10,519 infrastructure as well um one of the 423 00:16:10,519 --> 00:16:12,680 things is that the separation distance 424 00:16:12,680 --> 00:16:15,279 is supposed to be 35 ft from a water 425 00:16:15,279 --> 00:16:18,040 supply well to the ordinary high water 426 00:16:18,040 --> 00:16:21,440 level of a storm water retention Pond uh 427 00:16:21,440 --> 00:16:23,440 so we just want to maybe think through 428 00:16:23,440 --> 00:16:25,399 if that's going to be an issue on that 429 00:16:25,399 --> 00:16:28,040 East End again it's it's not your job to 430 00:16:28,040 --> 00:16:30,000 set a condition on every state or local 431 00:16:30,000 --> 00:16:31,839 regulation you know that those are 432 00:16:31,839 --> 00:16:33,920 always in place anyway but it's helpful 433 00:16:33,920 --> 00:16:35,440 at this point to think about those 434 00:16:35,440 --> 00:16:37,240 things and put them as as conditions 435 00:16:37,240 --> 00:16:39,440 where it seems reasonable so that both 436 00:16:39,440 --> 00:16:41,880 the applicant and staff and the Planning 437 00:16:41,880 --> 00:16:44,000 Commission can kind of check those boxes 438 00:16:44,000 --> 00:16:45,720 when this project if this project does 439 00:16:45,720 --> 00:16:47,199 go to final 440 00:16:47,199 --> 00:16:50,040 PLS that's all I have Mr chair thank you 441 00:16:50,040 --> 00:16:52,600 Nea uh at this point I'd like to ask the 442 00:16:52,600 --> 00:16:54,680 applicant if they have want to add 443 00:16:54,680 --> 00:16:59,360 anything to staff's narrative 444 00:16:59,360 --> 00:17:02,079 I honestly you have a treasure in 445 00:17:02,079 --> 00:17:06,079 havinga as your plant I've never worked 446 00:17:06,079 --> 00:17:08,839 with somebody more thorough than her um 447 00:17:08,839 --> 00:17:10,720 but we we definitely appreciate working 448 00:17:10,720 --> 00:17:13,600 with her um overall we understand that 449 00:17:13,600 --> 00:17:15,839 there's a few things that still need to 450 00:17:15,839 --> 00:17:18,919 be addressed but as a whole I feel what 451 00:17:18,919 --> 00:17:20,559 we've got presented to you is pretty 452 00:17:20,559 --> 00:17:22,480 accurate our intents 453 00:17:22,480 --> 00:17:24,799 on um I do 454 00:17:24,799 --> 00:17:28,439 know hasn't been put on there but storm 455 00:17:28,439 --> 00:17:29,960 water 456 00:17:29,960 --> 00:17:32,039 have been 25 457 00:17:32,039 --> 00:17:35,960 year 25 year okay if we ask you for more 458 00:17:35,960 --> 00:17:38,000 question we'll we'll have you come up 459 00:17:38,000 --> 00:17:40,039 and state your name and address but that 460 00:17:40,039 --> 00:17:43,320 thank you um would anyone else from the 461 00:17:43,320 --> 00:17:46,160 public uh like to speak for or against 462 00:17:46,160 --> 00:17:47,280 this 463 00:17:47,280 --> 00:17:49,320 application please come up and state 464 00:17:49,320 --> 00:17:54,350 your name and 465 00:17:54,360 --> 00:17:56,640 address thanks for the opportunity my 466 00:17:56,640 --> 00:17:59,000 name is Bill gaer I live at 68 big Pig 467 00:17:59,000 --> 00:18:03,720 Cedar Trail in Len I'm the District 5 uh 468 00:18:03,720 --> 00:18:05,799 representative to the Cook County 469 00:18:05,799 --> 00:18:08,120 Housing and Redevelopment Authority I'm 470 00:18:08,120 --> 00:18:10,919 currently serving as board chair uh 471 00:18:10,919 --> 00:18:12,960 we've been working with this developer 472 00:18:12,960 --> 00:18:17,039 for a long time and with the town of of 473 00:18:17,039 --> 00:18:22,360 uh toofy who did a really um Good Deed 474 00:18:22,360 --> 00:18:26,200 in terms of providing the land we have 475 00:18:26,200 --> 00:18:28,840 committed our some funding to this 476 00:18:28,840 --> 00:18:30,640 because we really think this is an 477 00:18:30,640 --> 00:18:33,480 important effort to provide some for 478 00:18:33,480 --> 00:18:36,960 sale housing in the West End uh there is 479 00:18:36,960 --> 00:18:40,000 a restriction against short-term rental 480 00:18:40,000 --> 00:18:42,919 because of the uh support we've provided 481 00:18:42,919 --> 00:18:45,480 we think that's important and we're 482 00:18:45,480 --> 00:18:48,880 excited about it and we support uh it 483 00:18:48,880 --> 00:18:51,799 and I can't comment on all the technical 484 00:18:51,799 --> 00:18:54,080 aspects of the review that you need to 485 00:18:54,080 --> 00:18:58,240 do uh but just as a overall purpose of 486 00:18:58,240 --> 00:19:00,640 housing in Cook County this is one of 487 00:19:00,640 --> 00:19:02,960 our developments and we're proud of it 488 00:19:02,960 --> 00:19:05,240 and we're happy that you're considering 489 00:19:05,240 --> 00:19:08,880 it and we'd appreciate your support as 490 00:19:08,880 --> 00:19:13,029 well thank 491 00:19:13,039 --> 00:19:21,549 you anyone 492 00:19:21,559 --> 00:19:24,799 else hi my name's Chris O'Brien I live 493 00:19:24,799 --> 00:19:29,280 at 97 old ski hill road um and I 494 00:19:29,280 --> 00:19:31,400 Al a district four commissioner for the 495 00:19:31,400 --> 00:19:33,280 HRA and currently serving as the vice 496 00:19:33,280 --> 00:19:36,840 chair of the HRA um certainly would Echo 497 00:19:36,840 --> 00:19:39,480 what my colleague commissioner gaer has 498 00:19:39,480 --> 00:19:42,000 said and I'd like to highlight another 499 00:19:42,000 --> 00:19:44,679 point which is that you know we've seen 500 00:19:44,679 --> 00:19:47,080 a lot of success with the HRA in the 501 00:19:47,080 --> 00:19:49,600 last couple of years in terms of getting 502 00:19:49,600 --> 00:19:52,120 traction with multif family particularly 503 00:19:52,120 --> 00:19:54,679 with multif family projects um that's 504 00:19:54,679 --> 00:19:56,880 important but that's not enough to meet 505 00:19:56,880 --> 00:19:59,280 the housing needs of the whole County uh 506 00:19:59,280 --> 00:20:00,880 this tofy project really represents 507 00:20:00,880 --> 00:20:02,200 something quite different and 508 00:20:02,200 --> 00:20:04,000 potentially a model 509 00:20:04,000 --> 00:20:06,919 for addressing the the local the the 510 00:20:06,919 --> 00:20:08,840 specific housing needs in other parts of 511 00:20:08,840 --> 00:20:10,880 the county that are outside the gr 512 00:20:10,880 --> 00:20:13,080 marray gr maray has been the City of 513 00:20:13,080 --> 00:20:15,520 Grand marray projects have been low 514 00:20:15,520 --> 00:20:17,360 hanging lower hanging fruit because of 515 00:20:17,360 --> 00:20:20,799 the available tie into Municipal 516 00:20:20,799 --> 00:20:23,240 Services um this is going one step 517 00:20:23,240 --> 00:20:25,480 further and we see it as a potential 518 00:20:25,480 --> 00:20:27,440 model for other housing developments 519 00:20:27,440 --> 00:20:28,520 that could be developed in other parts 520 00:20:28,520 --> 00:20:35,310 of the county thank you thank 521 00:20:35,320 --> 00:20:38,720 you anyone else wish to speak on this 522 00:20:38,720 --> 00:20:40,679 this 523 00:20:40,679 --> 00:20:42,919 application we're going to close to the 524 00:20:42,919 --> 00:20:48,950 public and and uh discuss as 525 00:20:48,960 --> 00:20:51,679 Commissioners 526 00:20:51,679 --> 00:20:55,919 um one observation I have is um I read 527 00:20:55,919 --> 00:20:58,960 the HOA agreement who who's going to 528 00:20:58,960 --> 00:21:01,080 have jurisdiction on that in the final 529 00:21:01,080 --> 00:21:05,440 format because I um major concerns with 530 00:21:05,440 --> 00:21:09,470 with how it's drafted at the 531 00:21:09,480 --> 00:21:21,549 moment do we 532 00:21:21,559 --> 00:21:25,960 would Peter gubish the developer uh that 533 00:21:25,960 --> 00:21:28,000 is a preliminary draft once we get 534 00:21:28,000 --> 00:21:29,159 through preliminary plat we're going to 535 00:21:29,159 --> 00:21:30,520 have an attorney review everything and 536 00:21:30,520 --> 00:21:32,640 draft it but the main focus is is that 537 00:21:32,640 --> 00:21:34,480 the community that's within this 538 00:21:34,480 --> 00:21:36,720 development will have its 539 00:21:36,720 --> 00:21:40,679 own uh elected officials that will vote 540 00:21:40,679 --> 00:21:45,159 within the uh the agreement of their um 541 00:21:45,159 --> 00:21:47,480 HOA so the people that are a part of the 542 00:21:47,480 --> 00:21:49,480 HOA will be able to vote each household 543 00:21:49,480 --> 00:21:51,799 will have their own vote so not one 544 00:21:51,799 --> 00:21:53,679 person can vote against the other as far 545 00:21:53,679 --> 00:21:56,919 as like being out pushed 546 00:21:56,919 --> 00:21:59,720 out right but the the concerns I have is 547 00:21:59,720 --> 00:22:03,679 just some of the um the things that are 548 00:22:03,679 --> 00:22:06,960 being proposed right now are 549 00:22:06,960 --> 00:22:11,440 um you know right to enter people's 550 00:22:11,440 --> 00:22:15,919 homes right right to for cloes and take 551 00:22:15,919 --> 00:22:18,159 someone's home away from them belonging 552 00:22:18,159 --> 00:22:21,240 to the HOA committee the right to or the 553 00:22:21,240 --> 00:22:25,120 authority to to take a lawyer and assign 554 00:22:25,120 --> 00:22:27,880 them to pursue Collections and so forth 555 00:22:27,880 --> 00:22:29,360 and the person who's being collected 556 00:22:29,360 --> 00:22:32,080 against has no ends up responsible for 557 00:22:32,080 --> 00:22:33,640 the lawyer's fees but has no control 558 00:22:33,640 --> 00:22:35,000 over what the lawyer does and what those 559 00:22:35,000 --> 00:22:37,240 fees AC cruel at it so there's a lot of 560 00:22:37,240 --> 00:22:38,720 things that are just and from that 561 00:22:38,720 --> 00:22:40,799 standpoint it's all preliminary I I 562 00:22:40,799 --> 00:22:42,400 don't disagree to some of that doesn't 563 00:22:42,400 --> 00:22:45,200 need to be adjusted um and that's 564 00:22:45,200 --> 00:22:47,120 definitely something that as the 565 00:22:47,120 --> 00:22:50,720 development they can make final decision 566 00:22:50,720 --> 00:22:54,919 on go ahead sorry uh Jason Hill Cook 567 00:22:54,919 --> 00:22:58,919 County H 425 West Highway 61 sweet be gr 568 00:22:58,919 --> 00:23:03,120 Ray um so the H actually also has final 569 00:23:03,120 --> 00:23:05,159 approval authority of that document we 570 00:23:05,159 --> 00:23:07,240 haven't approved the draft yet this is 571 00:23:07,240 --> 00:23:09,960 the first step is we have to have the 572 00:23:09,960 --> 00:23:11,559 ability for the developer to proceed 573 00:23:11,559 --> 00:23:13,400 with the desired development before we 574 00:23:13,400 --> 00:23:15,600 go to the next step which is prior to 575 00:23:15,600 --> 00:23:18,159 closing we have to get that final draft 576 00:23:18,159 --> 00:23:20,080 document we have our attorney who can 577 00:23:20,080 --> 00:23:21,320 look at it and review it make sure 578 00:23:21,320 --> 00:23:23,360 everything is up and up so to speak 579 00:23:23,360 --> 00:23:24,720 right but I've looked at the draft I 580 00:23:24,720 --> 00:23:26,919 have my own questions about it as well 581 00:23:26,919 --> 00:23:28,520 uh but there wasn't we don't want to 582 00:23:28,520 --> 00:23:29,880 spend our attorney time or our time 583 00:23:29,880 --> 00:23:31,279 doing too much of that until we know we 584 00:23:31,279 --> 00:23:32,919 can proceed I'm making sure it's part of 585 00:23:32,919 --> 00:23:35,039 the record yep 586 00:23:35,039 --> 00:23:38,880 understood okay chair I have a question 587 00:23:38,880 --> 00:23:41,159 for neeva I guess on um staff 588 00:23:41,159 --> 00:23:44,000 recommendation number 12 so this is a 589 00:23:44,000 --> 00:23:47,440 preliminary approval so 590 00:23:47,440 --> 00:23:51,400 we we get another bite at this so to 591 00:23:51,400 --> 00:23:54,360 speak they the developer 592 00:23:54,360 --> 00:23:58,000 has until we do the final approval the 593 00:23:58,000 --> 00:24:00,480 ability to correct all of 594 00:24:00,480 --> 00:24:04,080 the discrepancies or changes that we 595 00:24:04,080 --> 00:24:07,039 deem should be done so this really isn't 596 00:24:07,039 --> 00:24:09,640 the final final we still 597 00:24:09,640 --> 00:24:13,520 have a year they have a year in which to 598 00:24:13,520 --> 00:24:15,919 correct all of these issues and bring us 599 00:24:15,919 --> 00:24:19,080 a set of plans that all agree with each 600 00:24:19,080 --> 00:24:22,640 other and and meet the requirements 601 00:24:22,640 --> 00:24:25,200 right and I think I would need to double 602 00:24:25,200 --> 00:24:27,600 check our subdivision ordinance but I 603 00:24:27,600 --> 00:24:29,840 seem to recall subdivision ordinance 604 00:24:29,840 --> 00:24:31,640 doesn't require a public hearing for the 605 00:24:31,640 --> 00:24:34,880 final plat so it it still comes to you 606 00:24:34,880 --> 00:24:38,000 for review and again I want to double 607 00:24:38,000 --> 00:24:39,360 check that ordinance language and I can 608 00:24:39,360 --> 00:24:41,320 do that pretty easily while we're 609 00:24:41,320 --> 00:24:42,679 discussing some other things and I can 610 00:24:42,679 --> 00:24:43,960 come back to you with a clarification 611 00:24:43,960 --> 00:24:45,960 about 612 00:24:45,960 --> 00:24:49,520 that I can okay 613 00:24:49,520 --> 00:24:52,200 thanks thank 614 00:24:52,200 --> 00:24:59,310 you microphone do you have any comments 615 00:24:59,320 --> 00:25:01,399 I mean I think the sentiment is you know 616 00:25:01,399 --> 00:25:03,720 it's there it's pretty clear that uh we 617 00:25:03,720 --> 00:25:06,640 want this as a community so there's some 618 00:25:06,640 --> 00:25:10,200 te's to cross and eyes to dot um I would 619 00:25:10,200 --> 00:25:13,640 agree we have a very thorough um array 620 00:25:13,640 --> 00:25:17,399 of those things to do um I don't have 621 00:25:17,399 --> 00:25:20,039 any specific things to recommend but I 622 00:25:20,039 --> 00:25:22,559 think there's work to be done and we all 623 00:25:22,559 --> 00:25:25,710 know 624 00:25:25,720 --> 00:25:29,480 that okay want 625 00:25:29,480 --> 00:25:33,320 I I know I guess I just I tend to agree 626 00:25:33,320 --> 00:25:35,720 with or I would say my concerns are 627 00:25:35,720 --> 00:25:39,679 addressed in in staff's recommended cons 628 00:25:39,679 --> 00:25:42,799 conditions so 629 00:25:42,799 --> 00:25:44,880 um I 630 00:25:44,880 --> 00:25:47,440 guess any more discussion otherwise I 631 00:25:47,440 --> 00:25:50,960 would call for a vote I make a motion to 632 00:25:50,960 --> 00:25:52,720 approve it with the 633 00:25:52,720 --> 00:25:56,919 stipulations on the 12 12 conditions 634 00:25:56,919 --> 00:25:58,760 recommended 635 00:25:58,760 --> 00:26:00,520 do we have a 636 00:26:00,520 --> 00:26:03,159 second I'll second that 637 00:26:03,159 --> 00:26:06,990 motion any more 638 00:26:07,000 --> 00:26:11,240 discussion all in favor I I I opposed 639 00:26:11,240 --> 00:26:12,880 hearing 640 00:26:12,880 --> 00:26:16,399 none approved okay so this go to the 641 00:26:16,399 --> 00:26:18,039 County Board of Commissioners at the 642 00:26:18,039 --> 00:26:20,520 first meeting in January for Action 643 00:26:20,520 --> 00:26:24,039 items thank you thank you look for a 644 00:26:24,039 --> 00:26:25,320 motion to adjourn the Planning 645 00:26:25,320 --> 00:26:30,870 Commission I make a motion to adjourn 646 00:26:30,880 --> 00:26:35,669 second second good 647 00:26:35,679 --> 00:26:37,799 faor sorry I didn't have that answer the 648 00:26:37,799 --> 00:26:40,000 top of my head I I can follow up with 649 00:26:40,000 --> 00:26:42,039 you tomorrow sorry I got quick answer 650 00:26:42,039 --> 00:26:46,159 more clear answer about okay okay thank 651 00:26:46,159 --> 00:26:54,710 you oh 652 00:26:54,720 --> 00:26:59,399 yeah yep five how's it going 653 00:26:59,399 --> 00:27:06,470 I saw you 654 00:27:06,480 --> 00:27:08,880 chuckle I get 655 00:27:08,880 --> 00:27:15,830 it I'm glad you're able to come 656 00:27:15,840 --> 00:27:18,000 tonight 657 00:27:18,000 --> 00:27:21,679 oh yeah which what was 658 00:27:21,679 --> 00:27:24,640 the oh really I'd be curious to talk 659 00:27:24,640 --> 00:27:27,240 more about that we're going to go ahead 660 00:27:27,240 --> 00:27:29,679 and call the Board of adjustment meeting 661 00:27:29,679 --> 00:27:32,669 to 662 00:27:32,679 --> 00:27:36,640 order hey Jason can you guys have your 663 00:27:36,640 --> 00:27:41,029 discussion 664 00:27:41,039 --> 00:27:44,110 outside 665 00:27:44,120 --> 00:27:48,640 see look for a approval of the agenda 666 00:27:48,640 --> 00:27:50,760 and minutes from last month's meeting 667 00:27:50,760 --> 00:27:52,840 and this agenda and move to approve the 668 00:27:52,840 --> 00:27:56,320 agenda and the minutes is drafted second 669 00:27:56,320 --> 00:27:59,640 all in favor I 670 00:27:59,640 --> 00:28:04,000 all right uh new business John and Mary 671 00:28:04,000 --> 00:28:10,070 warley request a variance 672 00:28:10,080 --> 00:28:13,559 um reference number 20241 673 00:28:13,559 --> 00:28:18,000 18V Nea yes thank you Mr chair this is a 674 00:28:18,000 --> 00:28:20,159 variance relief from the Cook County 675 00:28:20,159 --> 00:28:23,039 zoning ordinance let just get my screen 676 00:28:23,039 --> 00:28:28,080 CAU up uh section 7.14 to place a 30x40 677 00:28:28,080 --> 00:28:30,279 4ot portion of the principal structure 678 00:28:30,279 --> 00:28:33,679 within the bluff Impact Zone on lot nine 679 00:28:33,679 --> 00:28:37,120 of the legendary luten Sawmill Bay site 680 00:28:37,120 --> 00:28:39,640 plat the applicant's property includes 681 00:28:39,640 --> 00:28:43,200 1.65 Acres with approximately 242 ft of 682 00:28:43,200 --> 00:28:45,320 caribou Lake Shoreline the parcel is 683 00:28:45,320 --> 00:28:46,919 contained entirely within the Lakeshore 684 00:28:46,919 --> 00:28:49,279 residential Zone District zoning lot 685 00:28:49,279 --> 00:28:51,760 size requirements in for New Lots in 686 00:28:51,760 --> 00:28:53,600 that zone District must be 1 acre in 687 00:28:53,600 --> 00:28:55,760 size and 150 ft wide at the shoreline 688 00:28:55,760 --> 00:28:57,600 structure setback and Caribou lake is 689 00:28:57,600 --> 00:28:59,640 classified as a recreational development 690 00:28:59,640 --> 00:29:03,519 Lake for project description John and 691 00:29:03,519 --> 00:29:04,960 Mary warley the applicants are 692 00:29:04,960 --> 00:29:06,720 requesting to place the primary dwelling 693 00:29:06,720 --> 00:29:08,960 on lot nine the variance request to 694 00:29:08,960 --> 00:29:10,480 place a portion of the structure within 695 00:29:10,480 --> 00:29:12,360 the bluff Impact Zone and the structure 696 00:29:12,360 --> 00:29:14,360 would meet the lak shoreline setback and 697 00:29:14,360 --> 00:29:16,640 property line setbacks of the proposed 698 00:29:16,640 --> 00:29:19,480 location for background because this 699 00:29:19,480 --> 00:29:21,519 does get a little bit in the Weeds on 700 00:29:21,519 --> 00:29:23,240 definitions I'm going to go through some 701 00:29:23,240 --> 00:29:24,679 definitions that will be pertinent to 702 00:29:24,679 --> 00:29:28,559 help clarify so the the section of 703 00:29:28,559 --> 00:29:30,279 ordinance that specifically requires a 704 00:29:30,279 --> 00:29:32,480 variance relief section 705 00:29:32,480 --> 00:29:35,679 7.14 uh prohibits or says no structures 706 00:29:35,679 --> 00:29:38,120 shall be allowed in the bluff Impact 707 00:29:38,120 --> 00:29:39,720 Zone 708 00:29:39,720 --> 00:29:42,840 the page 12 of 40 of the variance 709 00:29:42,840 --> 00:29:45,919 packets is where uh the illustration of 710 00:29:45,919 --> 00:29:49,080 what a bluff Impact Zone is located so 711 00:29:49,080 --> 00:29:50,519 to better understand the variance 712 00:29:50,519 --> 00:29:54,039 request um we'll talk through this first 713 00:29:54,039 --> 00:29:56,480 off the bluff definition is four 714 00:29:56,480 --> 00:29:59,240 different criteria of a slope in order 715 00:29:59,240 --> 00:30:01,640 for it to be a bluff and that would be 716 00:30:01,640 --> 00:30:03,320 that part are all the features within 717 00:30:03,320 --> 00:30:06,000 Shoreland area the slope Rises at least 718 00:30:06,000 --> 00:30:08,039 25 ft above the ordinary high water 719 00:30:08,039 --> 00:30:10,240 level of the water body the grade of the 720 00:30:10,240 --> 00:30:12,279 slope from the toe of the bluff to a0 721 00:30:12,279 --> 00:30:14,440 25t or more above the ordinary high 722 00:30:14,440 --> 00:30:17,960 water level averages 30% or greater and 723 00:30:17,960 --> 00:30:19,480 the slope must drain towards the water 724 00:30:19,480 --> 00:30:22,440 body and then it states an area with an 725 00:30:22,440 --> 00:30:24,440 average slope of less than 18% over a 726 00:30:24,440 --> 00:30:26,480 distance of 50 ft or more shall not be 727 00:30:26,480 --> 00:30:29,440 considered part of a bluff 728 00:30:29,440 --> 00:30:32,240 also the bluff Impact Zone then is the 729 00:30:32,240 --> 00:30:34,559 area of what we think of the bluff so 730 00:30:34,559 --> 00:30:36,320 the feature that meets that definition 731 00:30:36,320 --> 00:30:37,720 that I just described of the four 732 00:30:37,720 --> 00:30:39,559 characteristics that is in the bluff 733 00:30:39,559 --> 00:30:42,399 Impact Zone and then it's the top 20 ft 734 00:30:42,399 --> 00:30:44,159 after the top of bluff so that is what 735 00:30:44,159 --> 00:30:46,440 makes a bluff Impact Zone this variance 736 00:30:46,440 --> 00:30:48,360 request is proposing the structure to be 737 00:30:48,360 --> 00:30:50,320 kind of in the middle of the bluff slope 738 00:30:50,320 --> 00:30:52,559 so going Midway up the hill is where 739 00:30:52,559 --> 00:30:53,880 this feature is going to be 740 00:30:53,880 --> 00:30:55,440 traditionally when this board is looking 741 00:30:55,440 --> 00:30:57,600 at Bluff setbacks we're usually at the 742 00:30:57,600 --> 00:30:59,120 top of the bluff so that's the 743 00:30:59,120 --> 00:31:02,960 distinction I'm trying to set clear um 744 00:31:02,960 --> 00:31:07,000 additionally uh the well so looking at 745 00:31:07,000 --> 00:31:09,120 at the screen here what I have on here 746 00:31:09,120 --> 00:31:13,320 is from page 13 of 40 and this is the 747 00:31:13,320 --> 00:31:16,720 staff's determination of how we 748 00:31:16,720 --> 00:31:19,519 interpret the face of this slope on this 749 00:31:19,519 --> 00:31:22,480 lot so the green area is the area that 750 00:31:22,480 --> 00:31:24,919 we determine does not meet all of those 751 00:31:24,919 --> 00:31:28,080 bluff definition criteria because it is 752 00:31:28,080 --> 00:31:32,799 less than 30% in slope and the red area 753 00:31:32,799 --> 00:31:35,080 is what our staff determined is 754 00:31:35,080 --> 00:31:38,480 exceeding the 30% grade and slope so 755 00:31:38,480 --> 00:31:40,720 it's more steep in the red area and less 756 00:31:40,720 --> 00:31:43,080 steep in the green area when our staff 757 00:31:43,080 --> 00:31:44,760 was on site it's a little tricky because 758 00:31:44,760 --> 00:31:47,360 it goes from a more gradual slope to a 759 00:31:47,360 --> 00:31:49,159 more steep slope as you're walking 760 00:31:49,159 --> 00:31:51,240 parallel to the Shoreline and that is 761 00:31:51,240 --> 00:31:53,440 where ultimately when you're on site 762 00:31:53,440 --> 00:31:55,000 doing determinations you kind of have to 763 00:31:55,000 --> 00:31:58,120 draw a line Line in the Sand and looking 764 00:31:58,120 --> 00:32:00,440 at uh the data available to us on on the 765 00:32:00,440 --> 00:32:02,200 computer and on site this is what our 766 00:32:02,200 --> 00:32:04,240 staff uh 767 00:32:04,240 --> 00:32:06,399 determined so we don't have a top of 768 00:32:06,399 --> 00:32:07,960 bluff setback but a portion of the 769 00:32:07,960 --> 00:32:09,639 structure is proposed to be in the green 770 00:32:09,639 --> 00:32:11,399 area and a smaller portion of the 771 00:32:11,399 --> 00:32:13,039 structure is proposed to be in the red 772 00:32:13,039 --> 00:32:15,880 area this was my interpretation I tried 773 00:32:15,880 --> 00:32:19,360 to take the applicants diagram of the 774 00:32:19,360 --> 00:32:22,480 application and overlay it with the 775 00:32:22,480 --> 00:32:26,039 color slope photo we just looked at so 776 00:32:26,039 --> 00:32:27,399 again for reference you'll see the 777 00:32:27,399 --> 00:32:29,279 garage and the main portion of the house 778 00:32:29,279 --> 00:32:31,399 is in the green area so that that's just 779 00:32:31,399 --> 00:32:33,480 a steep slope in that location it it 780 00:32:33,480 --> 00:32:35,360 does not require a variance just we 781 00:32:35,360 --> 00:32:37,240 would want to talk about storm water 782 00:32:37,240 --> 00:32:39,080 drainage at the stock level when issuing 783 00:32:39,080 --> 00:32:41,320 permits and then in the red area it's in 784 00:32:41,320 --> 00:32:42,840 the bluff Impact Zone so we 785 00:32:42,840 --> 00:32:45,360 administratively can't permit issue 786 00:32:45,360 --> 00:32:48,000 permits uh in that area and that's what 787 00:32:48,000 --> 00:32:51,159 the variance is needed 788 00:32:51,159 --> 00:32:55,960 for all right uh here is a photo of the 789 00:32:55,960 --> 00:33:00,159 plat so this is is lot n and I have a a 790 00:33:00,159 --> 00:33:01,880 photo kind of illustrating some of the 791 00:33:01,880 --> 00:33:04,880 vegetation in the specific build site uh 792 00:33:04,880 --> 00:33:08,840 it's a lot of spruce and balom not not 793 00:33:08,840 --> 00:33:10,880 very high quality trees further down 794 00:33:10,880 --> 00:33:12,919 slope there are some really nice Cedars 795 00:33:12,919 --> 00:33:14,919 I think in here that's the view of the 796 00:33:14,919 --> 00:33:18,200 lake so um some forestry Management on 797 00:33:18,200 --> 00:33:19,639 site will probably be needed as a part 798 00:33:19,639 --> 00:33:22,799 of the development we did uh received 799 00:33:22,799 --> 00:33:25,960 some public comments from the Caribou 800 00:33:25,960 --> 00:33:28,480 Lake Property Owners Association 801 00:33:28,480 --> 00:33:30,120 as well as the Soil and Water 802 00:33:30,120 --> 00:33:33,559 Conservation District and the Min uh 803 00:33:33,559 --> 00:33:35,120 Minnesota Department of Natural 804 00:33:35,120 --> 00:33:37,279 Resources and those were in response to 805 00:33:37,279 --> 00:33:39,360 the public notice as we mailed out there 806 00:33:39,360 --> 00:33:41,360 was 33 letters sent out to adjacent 807 00:33:41,360 --> 00:33:43,080 Property Owners County departments Luts 808 00:33:43,080 --> 00:33:44,880 and Township the Cook County Coalition 809 00:33:44,880 --> 00:33:47,279 of Lakes Association and the DNR 810 00:33:47,279 --> 00:33:50,000 hydrologist in those comment letters the 811 00:33:50,000 --> 00:33:52,600 Caribou Lake Property Owners Association 812 00:33:52,600 --> 00:33:54,880 uh part of their quote included if the 813 00:33:54,880 --> 00:33:57,000 co County zoning and planning commission 814 00:33:57,000 --> 00:33:59,279 determines that indeed there would be 815 00:33:59,279 --> 00:34:01,320 excessive excavation increasing the risk 816 00:34:01,320 --> 00:34:03,080 of erosion and runoff if the structure 817 00:34:03,080 --> 00:34:06,440 were moved back on the lot the clpa has 818 00:34:06,440 --> 00:34:08,359 no objection to the variance request 819 00:34:08,359 --> 00:34:09,599 however if the commission determines 820 00:34:09,599 --> 00:34:11,480 that the amount of additional excavation 821 00:34:11,480 --> 00:34:13,800 is negligible and does not pose a risk 822 00:34:13,800 --> 00:34:15,839 to increase erosion and runoff even 823 00:34:15,839 --> 00:34:16,839 though it would be a more expensive 824 00:34:16,839 --> 00:34:19,599 building site clpa opposes the Varian 825 00:34:19,599 --> 00:34:21,399 request the comment letter also provides 826 00:34:21,399 --> 00:34:23,119 concern regarding water runoff and 827 00:34:23,119 --> 00:34:25,079 erosion with recommendations for gutters 828 00:34:25,079 --> 00:34:26,879 and drainage practices in a storm water 829 00:34:26,879 --> 00:34:29,000 plan the Cook County so and Water 830 00:34:29,000 --> 00:34:30,200 Conservation District provided a 831 00:34:30,200 --> 00:34:32,200 technical memo recommending storm water 832 00:34:32,200 --> 00:34:34,000 best management practices be implemented 833 00:34:34,000 --> 00:34:36,000 during construction and after 834 00:34:36,000 --> 00:34:37,720 construction to mitigate the impact of 835 00:34:37,720 --> 00:34:39,879 development on Caribou Lake the memo 836 00:34:39,879 --> 00:34:41,200 also provides several excellent 837 00:34:41,200 --> 00:34:42,560 resources for implementing best 838 00:34:42,560 --> 00:34:44,879 management practices and the Department 839 00:34:44,879 --> 00:34:46,679 of Natural Resources area 840 00:34:46,679 --> 00:34:49,879 hydrologist uh provided their memo 841 00:34:49,879 --> 00:34:51,320 determining that this application was 842 00:34:51,320 --> 00:34:54,760 not controversial or problematic the DNR 843 00:34:54,760 --> 00:34:56,399 uh provided recommendations for 844 00:34:56,399 --> 00:34:58,040 conditions of approval to mitigate the 845 00:34:58,040 --> 00:34:59,599 impact of development which has been 846 00:34:59,599 --> 00:35:01,200 integrated into the proposed conditions 847 00:35:01,200 --> 00:35:03,119 of this 848 00:35:03,119 --> 00:35:06,240 report for uh let's see I kind of 849 00:35:06,240 --> 00:35:07,520 skipped over the history but it's a part 850 00:35:07,520 --> 00:35:10,200 of the legend legendary luten Sawmill 851 00:35:10,200 --> 00:35:12,920 Place plat sites which was created in 852 00:35:12,920 --> 00:35:16,040 1985 uh the pl Bluff Impact Zone 853 00:35:16,040 --> 00:35:17,520 protection standards were implemented in 854 00:35:17,520 --> 00:35:19,760 the state Shoreland rules in 1989 so 855 00:35:19,760 --> 00:35:21,079 this is just to say that this lot was 856 00:35:21,079 --> 00:35:25,240 created prior to Bluff definitions being 857 00:35:25,240 --> 00:35:28,000 created uh the applicants indic that 858 00:35:28,000 --> 00:35:30,280 this is their preferred route to access 859 00:35:30,280 --> 00:35:31,720 the building site from the easement 860 00:35:31,720 --> 00:35:34,320 that's just south of the site which is a 861 00:35:34,320 --> 00:35:36,359 less steep slope to build the 862 00:35:36,359 --> 00:35:38,760 driveway um for septic the application 863 00:35:38,760 --> 00:35:40,720 indicates the new septic site will be 864 00:35:40,720 --> 00:35:42,440 installed to serve the property further 865 00:35:42,440 --> 00:35:44,440 up from the lake up the hill by Saw Mill 866 00:35:44,440 --> 00:35:47,000 Lane for impervious surface coverage the 867 00:35:47,000 --> 00:35:48,520 proposed development will not exceed the 868 00:35:48,520 --> 00:35:50,920 25% impervious surface coverage storm 869 00:35:50,920 --> 00:35:53,200 water management best practices can be 870 00:35:53,200 --> 00:35:55,400 utilized to mitigate the impacts of 871 00:35:55,400 --> 00:35:58,440 runoff the zoning and storm water County 872 00:35:58,440 --> 00:36:00,359 ordinances have strict requirements for 873 00:36:00,359 --> 00:36:01,680 administrative oversight when 874 00:36:01,680 --> 00:36:03,599 development is along steep LTS and 875 00:36:03,599 --> 00:36:06,079 slopes for Wetlands wetlands are not an 876 00:36:06,079 --> 00:36:07,720 issue driving the need for the variance 877 00:36:07,720 --> 00:36:09,480 wetlands are present within the shore SE 878 00:36:09,480 --> 00:36:11,200 Shoreline setback area near the lake 879 00:36:11,200 --> 00:36:14,599 shore not in this building 880 00:36:14,599 --> 00:36:18,040 site I gave my version of some 881 00:36:18,040 --> 00:36:21,000 consideration for proposed facts and 882 00:36:21,000 --> 00:36:23,839 findings I provided some notations of 883 00:36:23,839 --> 00:36:26,480 where the land use guide plan indicates 884 00:36:26,480 --> 00:36:29,599 um a priority for protecting natural 885 00:36:29,599 --> 00:36:33,359 resources as well as uh balancing the 886 00:36:33,359 --> 00:36:35,040 needs general public good with a 887 00:36:35,040 --> 00:36:35,960 corresponding rights and 888 00:36:35,960 --> 00:36:38,000 responsibilities of individuals 889 00:36:38,000 --> 00:36:39,960 additionally I noted that traditionally 890 00:36:39,960 --> 00:36:41,480 requests to encroach within the bluff 891 00:36:41,480 --> 00:36:43,280 Impact Zone are located towards the top 892 00:36:43,280 --> 00:36:44,880 of the bluff feature as I mentioned 893 00:36:44,880 --> 00:36:47,079 earlier the specific area where the 894 00:36:47,079 --> 00:36:48,880 addition is proposed to be placed is 895 00:36:48,880 --> 00:36:50,960 approximately a 20% slope and only 896 00:36:50,960 --> 00:36:52,520 qualifies as being within the bluff 897 00:36:52,520 --> 00:36:54,560 impact area because the slope is steeper 898 00:36:54,560 --> 00:36:58,119 above and below the specific build site 899 00:36:58,119 --> 00:36:59,920 uh for the variance finding the proposed 900 00:36:59,920 --> 00:37:01,480 use of the property is allowed in the 901 00:37:01,480 --> 00:37:03,240 land use District in which the property 902 00:37:03,240 --> 00:37:05,599 is located the finding is the parcel of 903 00:37:05,599 --> 00:37:07,280 Zone Lakeshore residential residential 904 00:37:07,280 --> 00:37:10,200 uses are allowed on this platted lot for 905 00:37:10,200 --> 00:37:12,440 variance finding the property owner is 906 00:37:12,440 --> 00:37:14,160 proposing to use the property in a 907 00:37:14,160 --> 00:37:16,160 reasonable manner not permitted by the 908 00:37:16,160 --> 00:37:18,520 County's zoning ordinance the proposed 909 00:37:18,520 --> 00:37:20,000 staff finding is that the property owner 910 00:37:20,000 --> 00:37:21,560 does propose to use the property in a 911 00:37:21,560 --> 00:37:23,359 reasonable manner given the build site 912 00:37:23,359 --> 00:37:25,240 is relatively flatter and will result in 913 00:37:25,240 --> 00:37:27,160 less excavation than other locations on 914 00:37:27,160 --> 00:37:28,040 the lot 915 00:37:28,040 --> 00:37:29,760 the specific build location is less than 916 00:37:29,760 --> 00:37:32,000 30% slope and is only within the bluff 917 00:37:32,000 --> 00:37:33,839 Impact Zone due to the slopes above and 918 00:37:33,839 --> 00:37:36,079 below the build site the proposed build 919 00:37:36,079 --> 00:37:37,560 site is meeting all other property line 920 00:37:37,560 --> 00:37:38,599 and Shoreline 921 00:37:38,599 --> 00:37:41,400 setbacks for variance finding the 922 00:37:41,400 --> 00:37:42,839 property owner has established that the 923 00:37:42,839 --> 00:37:44,560 Practical difficulty involved is due to 924 00:37:44,560 --> 00:37:46,119 circumstances unique to the property and 925 00:37:46,119 --> 00:37:48,040 not created by the property owner 926 00:37:48,040 --> 00:37:49,720 staff's draft finding is again 927 00:37:49,720 --> 00:37:51,480 traditionally request to encroach within 928 00:37:51,480 --> 00:37:52,839 the bluff Impact Zone are located 929 00:37:52,839 --> 00:37:54,960 towards the top of the bluff feature the 930 00:37:54,960 --> 00:37:56,400 specific area where the addition is 931 00:37:56,400 --> 00:37:57,960 proposed to be placed is approximately 932 00:37:57,960 --> 00:38:00,079 20% slope and only qualifies as being 933 00:38:00,079 --> 00:38:01,680 within the bluff impact area because of 934 00:38:01,680 --> 00:38:03,599 the slope is steeper above and below the 935 00:38:03,599 --> 00:38:05,640 Pacific build site this is a unique 936 00:38:05,640 --> 00:38:07,160 circumstance not often seen on 937 00:38:07,160 --> 00:38:09,520 properties due to the changing slope 938 00:38:09,520 --> 00:38:12,920 phase the application suggests 70% of 939 00:38:12,920 --> 00:38:14,359 the parcels determined to be within the 940 00:38:14,359 --> 00:38:16,400 bluff zone or Shoreline setback 941 00:38:16,400 --> 00:38:18,560 resulting in a narrow Corridor 942 00:38:18,560 --> 00:38:20,440 approximately 50 ft to allow conforming 943 00:38:20,440 --> 00:38:23,240 development near the shoreline setback 944 00:38:23,240 --> 00:38:25,160 staff's analysis delineates the area of 945 00:38:25,160 --> 00:38:26,960 the slope that meets the bluff criteria 946 00:38:26,960 --> 00:38:28,640 does cover a significant portion of the 947 00:38:28,640 --> 00:38:30,359 lot additionally This legal lot of 948 00:38:30,359 --> 00:38:31,960 record was created prior to the bluff 949 00:38:31,960 --> 00:38:33,480 regulations being included in state 950 00:38:33,480 --> 00:38:35,880 Shoreland regulations most of this lot 951 00:38:35,880 --> 00:38:38,640 is either a steep slope or a bluff Cook 952 00:38:38,640 --> 00:38:40,720 County zoning and storm water ordinances 953 00:38:40,720 --> 00:38:42,599 both call out higher requirements for 954 00:38:42,599 --> 00:38:44,200 administrative permitting on these 955 00:38:44,200 --> 00:38:46,200 features enabling staff to be more 956 00:38:46,200 --> 00:38:47,920 involved to ensure the lot is developed 957 00:38:47,920 --> 00:38:50,200 in a way that mitigates negative 958 00:38:50,200 --> 00:38:52,960 impacts for variance finding approving 959 00:38:52,960 --> 00:38:54,240 the variance maintains the essential 960 00:38:54,240 --> 00:38:56,000 character of the locality draft findings 961 00:38:56,000 --> 00:38:58,200 are the area zone Lake Shore residential 962 00:38:58,200 --> 00:39:00,040 consisting of platted Lots the subject 963 00:39:00,040 --> 00:39:01,839 parcel is located at the end of a dead 964 00:39:01,839 --> 00:39:04,760 end platted Road Shoreline is facing the 965 00:39:04,760 --> 00:39:07,119 Back Bay of caribou Lake the lot is 966 00:39:07,119 --> 00:39:08,839 currently forested however trees will 967 00:39:08,839 --> 00:39:10,400 need to be removed for both construction 968 00:39:10,400 --> 00:39:12,560 and Wildfire prevention many of the 969 00:39:12,560 --> 00:39:14,200 existing trees on side area they're dead 970 00:39:14,200 --> 00:39:17,240 dying Balsam and Spruce the structure 971 00:39:17,240 --> 00:39:18,760 being placed meeting the 100 foot 972 00:39:18,760 --> 00:39:20,560 setback and not being placed at the top 973 00:39:20,560 --> 00:39:21,960 of the bluff this suggests that the 974 00:39:21,960 --> 00:39:23,560 essential character of the locality is 975 00:39:23,560 --> 00:39:25,480 unlikely to be disturbed Beyond normal 976 00:39:25,480 --> 00:39:27,480 development especially with functional 977 00:39:27,480 --> 00:39:29,079 storm water bu management practices 978 00:39:29,079 --> 00:39:30,760 being implemented being placed in the 979 00:39:30,760 --> 00:39:32,200 middle of the hillside should make the 980 00:39:32,200 --> 00:39:33,640 structure stand out less than if was 981 00:39:33,640 --> 00:39:36,000 placed at the top of the bluff and the 982 00:39:36,000 --> 00:39:37,480 variance finding the property owner has 983 00:39:37,480 --> 00:39:39,119 established the Practical difficulty 984 00:39:39,119 --> 00:39:40,760 involves more than economic 985 00:39:40,760 --> 00:39:42,839 considerations alone staff did not find 986 00:39:42,839 --> 00:39:44,280 that economic considerations were the 987 00:39:44,280 --> 00:39:46,680 reason for the variant's 988 00:39:46,680 --> 00:39:49,079 request for staff recommendations for 989 00:39:49,079 --> 00:39:51,040 consideration staff do not view this 990 00:39:51,040 --> 00:39:52,720 request as problematic given the 991 00:39:52,720 --> 00:39:54,480 Topography of the lot being largely a 992 00:39:54,480 --> 00:39:57,440 steep Bluff or steep slope or Bluff the 993 00:39:57,440 --> 00:39:59,000 selected build site provides a suitable 994 00:39:59,000 --> 00:40:01,359 location for development however given 995 00:40:01,359 --> 00:40:03,000 the Topography of the site it is highly 996 00:40:03,000 --> 00:40:04,680 important the storm water bus management 997 00:40:04,680 --> 00:40:06,560 practices are taken during construction 998 00:40:06,560 --> 00:40:08,440 and after construction to strategically 999 00:40:08,440 --> 00:40:09,880 manage the water flow down the hill 1000 00:40:09,880 --> 00:40:13,119 towards the lake given the condition of 1001 00:40:13,119 --> 00:40:16,480 existing Forest cover excuse me staff 1002 00:40:16,480 --> 00:40:18,280 recommends the applicants reach out to 1003 00:40:18,280 --> 00:40:19,680 Cook County so and Water Conservation 1004 00:40:19,680 --> 00:40:21,359 District to inquire about managing the 1005 00:40:21,359 --> 00:40:23,520 vegetation along the bluff Impact Zone 1006 00:40:23,520 --> 00:40:25,079 management will likely include new 1007 00:40:25,079 --> 00:40:26,760 plantings of different tree varieties 1008 00:40:26,760 --> 00:40:29,000 and the removal of dead and dying trees 1009 00:40:29,000 --> 00:40:30,800 the ordinances restrict vegetation 1010 00:40:30,800 --> 00:40:32,760 removal along the bluff Impact Zone 1011 00:40:32,760 --> 00:40:34,920 however when in conjunction conjunction 1012 00:40:34,920 --> 00:40:36,280 with a plan with Soil and Water 1013 00:40:36,280 --> 00:40:37,960 Conservation District this can be a 1014 00:40:37,960 --> 00:40:40,800 healthy land use practice if approved 1015 00:40:40,800 --> 00:40:42,280 the following conditions may be attached 1016 00:40:42,280 --> 00:40:44,079 to this variance request number one the 1017 00:40:44,079 --> 00:40:45,800 property shall conform to Minnesota rule 1018 00:40:45,800 --> 00:40:48,560 7080 and the County Septic requirements 1019 00:40:48,560 --> 00:40:49,920 number two the shoreline shall remain 1020 00:40:49,920 --> 00:40:51,680 unmowed with natural vegetation 1021 00:40:51,680 --> 00:40:54,520 consisting of Forbes grasses shrubs and 1022 00:40:54,520 --> 00:40:57,440 trees and that is at least 25 ft in 1023 00:40:57,440 --> 00:40:59,480 withd landward from the lake number 1024 00:40:59,480 --> 00:41:01,240 three a gutter or catchment system shall 1025 00:41:01,240 --> 00:41:03,280 be included on the structure to divert 1026 00:41:03,280 --> 00:41:05,040 precipitation run off away from the 1027 00:41:05,040 --> 00:41:07,560 bluff number four vegetation removal on 1028 00:41:07,560 --> 00:41:09,000 the lot shall adhere to the County 1029 00:41:09,000 --> 00:41:11,400 zoning ordinance Shoreland alteration 1030 00:41:11,400 --> 00:41:13,720 standards and number five an erosion and 1031 00:41:13,720 --> 00:41:16,040 siment control plan or storm water 1032 00:41:16,040 --> 00:41:17,680 management plan is required in 1033 00:41:17,680 --> 00:41:19,040 accordance with section 1034 00:41:19,040 --> 00:41:22,200 7.13 of the C County stormw ordinance 1035 00:41:22,200 --> 00:41:24,400 and I provided that language in the 1036 00:41:24,400 --> 00:41:28,190 staff narrative 1037 00:41:28,200 --> 00:41:31,560 that's all I have Mr chair thank you Nea 1038 00:41:31,560 --> 00:41:33,880 would the applicant like to add anything 1039 00:41:33,880 --> 00:41:35,800 if to 1040 00:41:35,800 --> 00:41:39,359 nea's uh narrative and if so please come 1041 00:41:39,359 --> 00:41:41,119 up to the microphone and and state your 1042 00:41:41,119 --> 00:41:51,790 name and address 1043 00:41:51,800 --> 00:41:54,040 please uh good evening my name is Mary 1044 00:41:54,040 --> 00:41:55,800 Worley thank you for taking the time to 1045 00:41:55,800 --> 00:41:58,280 look at our variants um my husband 1046 00:41:58,280 --> 00:41:59,920 wasn't able to make it tonight sorry to 1047 00:41:59,920 --> 00:42:01,079 inter could you please State your 1048 00:42:01,079 --> 00:42:04,000 address for oh sure it's 4832 Harriet 1049 00:42:04,000 --> 00:42:07,440 Avenue in Minneapolis thank you um my 1050 00:42:07,440 --> 00:42:09,079 husband wasn't able to make it tonight 1051 00:42:09,079 --> 00:42:10,960 but thank you for uh considering our 1052 00:42:10,960 --> 00:42:13,319 variance we appreciate it I just wanted 1053 00:42:13,319 --> 00:42:15,200 to give you some historical background 1054 00:42:15,200 --> 00:42:17,319 on our decision to purchase this 1055 00:42:17,319 --> 00:42:20,200 property uh we met last February with 1056 00:42:20,200 --> 00:42:22,720 Joe Joseph ralth who was a County 1057 00:42:22,720 --> 00:42:25,200 employee at that time and discussed with 1058 00:42:25,200 --> 00:42:27,400 him the lot and he shared with us the 1059 00:42:27,400 --> 00:42:30,359 two areas that were buildable on the lot 1060 00:42:30,359 --> 00:42:32,319 um and you can see those in the in the 1061 00:42:32,319 --> 00:42:35,160 maps the the green areas that Nea showed 1062 00:42:35,160 --> 00:42:38,079 us and uh we made our decision to 1063 00:42:38,079 --> 00:42:40,599 purchase lot based on that information 1064 00:42:40,599 --> 00:42:43,559 that it was buildable in those two areas 1065 00:42:43,559 --> 00:42:45,680 with a view of the lake and that's what 1066 00:42:45,680 --> 00:42:47,720 we were looking for we were looking for 1067 00:42:47,720 --> 00:42:51,000 a wooded lot that was on Caribou Lake 1068 00:42:51,000 --> 00:42:54,680 and um so that that was the decision 1069 00:42:54,680 --> 00:42:56,000 that we made was based on that 1070 00:42:56,000 --> 00:42:57,599 information that we'd be able to build 1071 00:42:57,599 --> 00:43:01,119 in that area and we hope that um that 1072 00:43:01,119 --> 00:43:03,319 with your help we'll be able to to do 1073 00:43:03,319 --> 00:43:06,920 that to to uh build the house that has 1074 00:43:06,920 --> 00:43:10,119 some uh where we can view the lake from 1075 00:43:10,119 --> 00:43:11,160 the 1076 00:43:11,160 --> 00:43:13,680 house thank you 1077 00:43:13,680 --> 00:43:16,880 m would anyone else from the public wish 1078 00:43:16,880 --> 00:43:20,359 to speak on this application that leaves 1079 00:43:20,359 --> 00:43:23,400 you Tom DWI I'm a contractor and 1080 00:43:23,400 --> 00:43:25,359 assisting the warley with their project 1081 00:43:25,359 --> 00:43:28,599 at this point uh and the only thing oh 1082 00:43:28,599 --> 00:43:32,079 4921 West Highway 61 in Lut is my office 1083 00:43:32,079 --> 00:43:33,960 U the only thing I wanted to add and 1084 00:43:33,960 --> 00:43:36,400 it's been a hard thing to wrestle around 1085 00:43:36,400 --> 00:43:38,040 and Charlie traval went out and helped 1086 00:43:38,040 --> 00:43:41,000 us from Northshore land surveying with 1087 00:43:41,000 --> 00:43:44,160 getting this and the positioning of that 1088 00:43:44,160 --> 00:43:47,440 line from the top of the the bluff and 1089 00:43:47,440 --> 00:43:50,280 the 30ft setback that next segment that 1090 00:43:50,280 --> 00:43:56,559 rule was is it 18% over 50 ft mhm and 1091 00:43:56,559 --> 00:43:58,040 the last 1092 00:43:58,040 --> 00:44:00,160 10 ft of it the upper part of that just 1093 00:44:00,160 --> 00:44:02,040 shot up and threw the whole thing well 1094 00:44:02,040 --> 00:44:04,400 over 20 but in the area that we're 1095 00:44:04,400 --> 00:44:05,960 trying to build in we believe we're at 1096 00:44:05,960 --> 00:44:09,720 about 16 to 15 15 to 16% in the build 1097 00:44:09,720 --> 00:44:12,760 area uh that we're going to disturb and 1098 00:44:12,760 --> 00:44:15,680 hope to disturb and uh function with 1099 00:44:15,680 --> 00:44:17,480 that's it's so hard to convey that in 1100 00:44:17,480 --> 00:44:18,720 that map but I don't know if you've been 1101 00:44:18,720 --> 00:44:20,680 on the site but then I'll answer any 1102 00:44:20,680 --> 00:44:22,200 other questions that come 1103 00:44:22,200 --> 00:44:27,640 up thank you when you okay when you 1104 00:44:27,640 --> 00:44:29,160 um walking the site and stuff did you 1105 00:44:29,160 --> 00:44:31,960 see rock outcroppings or get a sense of 1106 00:44:31,960 --> 00:44:36,440 of uh what's on that soil um there is 1107 00:44:36,440 --> 00:44:38,319 some rockout cropping not a lot right 1108 00:44:38,319 --> 00:44:41,880 there we expect to be able to dig based 1109 00:44:41,880 --> 00:44:45,480 on neighboring properties we built the 1110 00:44:45,480 --> 00:44:47,520 two houses to the south of it one of 1111 00:44:47,520 --> 00:44:50,520 them was mine uh and we were able to dig 1112 00:44:50,520 --> 00:44:52,800 15 to 20 ft before we hit Bedrock that 1113 00:44:52,800 --> 00:44:56,280 direction and then to the north uh I 1114 00:44:56,280 --> 00:44:57,880 think there's some rockout croppings 1115 00:44:57,880 --> 00:44:59,280 that you get to the North side of the 1116 00:44:59,280 --> 00:45:02,040 lot and onto the neighboring lot to the 1117 00:45:02,040 --> 00:45:05,030 north 1118 00:45:05,040 --> 00:45:07,280 okay we just jumped into it but at this 1119 00:45:07,280 --> 00:45:08,920 point I'll close it to the public 1120 00:45:08,920 --> 00:45:11,520 comment and and discuss on the board and 1121 00:45:11,520 --> 00:45:14,319 we likely will have 1122 00:45:14,319 --> 00:45:18,440 questions um anything else BR yeah just 1123 00:45:18,440 --> 00:45:21,079 uh if approved the following maybe 1124 00:45:21,079 --> 00:45:23,760 attached and I've got the no things 1125 00:45:23,760 --> 00:45:26,520 removed down by the shoreline mhm um 1126 00:45:26,520 --> 00:45:27,960 there's so going to have permission 1127 00:45:27,960 --> 00:45:29,680 though to build a set of stairs down to 1128 00:45:29,680 --> 00:45:31,599 the Shoreline and put a dock in and do 1129 00:45:31,599 --> 00:45:33,040 those normal things that people live on 1130 00:45:33,040 --> 00:45:37,510 the lake for yep 1131 00:45:37,520 --> 00:45:40,240 okay yeah I'm not seeing anything 1132 00:45:40,240 --> 00:45:43,240 concerning I think it's a a difficult 1133 00:45:43,240 --> 00:45:46,319 lot that was left by the plat and you're 1134 00:45:46,319 --> 00:45:48,680 pinched in there pretty tight and it it 1135 00:45:48,680 --> 00:45:51,160 seems like we're dealing more with the 1136 00:45:51,160 --> 00:45:54,000 math of figuring the average of the 1137 00:45:54,000 --> 00:45:56,280 slope than we are actually problematic 1138 00:45:56,280 --> 00:45:58,880 conditions is sense that I get from this 1139 00:45:58,880 --> 00:46:00,359 narrative I wasn't able to make a site 1140 00:46:00,359 --> 00:46:02,920 visit and be hard at this time of the 1141 00:46:02,920 --> 00:46:05,040 year to determine uh anything too 1142 00:46:05,040 --> 00:46:07,440 substantive 1143 00:46:07,440 --> 00:46:10,119 but uh yeah I I would be comfortable 1144 00:46:10,119 --> 00:46:12,119 well the staff acknowledgement it seems 1145 00:46:12,119 --> 00:46:14,520 that this is a you know you've got the 1146 00:46:14,520 --> 00:46:16,960 slope but this is a spot where kind of 1147 00:46:16,960 --> 00:46:20,359 levels out more than anywhere else on 1148 00:46:20,359 --> 00:46:23,359 there if I may Mr chair yes just so that 1149 00:46:23,359 --> 00:46:26,280 note um you know the the DNR comment 1150 00:46:26,280 --> 00:46:28,599 letter I think think is is a part of 1151 00:46:28,599 --> 00:46:30,920 that discussion is that I spoke with the 1152 00:46:30,920 --> 00:46:33,000 DNR area hydrologist to explain this 1153 00:46:33,000 --> 00:46:35,119 request to her because this is a very 1154 00:46:35,119 --> 00:46:37,079 unique requests we don't typically see 1155 00:46:37,079 --> 00:46:38,960 these types of things and when I 1156 00:46:38,960 --> 00:46:41,559 explained to her the the Terrace that 1157 00:46:41,559 --> 00:46:44,040 you kind of have in the slope face here 1158 00:46:44,040 --> 00:46:46,800 and that this is very closely meeting 1159 00:46:46,800 --> 00:46:49,400 that 50ft segment of the 18% which 1160 00:46:49,400 --> 00:46:52,079 wouldn't have qualified as a bluff she 1161 00:46:52,079 --> 00:46:55,359 she provided then this memo that wasn't 1162 00:46:55,359 --> 00:46:57,440 recommending denial which you know we 1163 00:46:57,440 --> 00:47:02,040 don't often see from them so um you know 1164 00:47:02,040 --> 00:47:03,559 I think that kind of supported the 1165 00:47:03,559 --> 00:47:05,440 thought that this is this is one of 1166 00:47:05,440 --> 00:47:06,640 those cases of a variance I've been 1167 00:47:06,640 --> 00:47:08,160 telling people that when you're on site 1168 00:47:08,160 --> 00:47:10,000 and looking at the landscape it makes a 1169 00:47:10,000 --> 00:47:11,480 lot more sense than maybe it looks like 1170 00:47:11,480 --> 00:47:15,200 on paper so to the credit of uh Mr DWI 1171 00:47:15,200 --> 00:47:16,440 and the applicants they're trying to use 1172 00:47:16,440 --> 00:47:18,280 the landscape I think in a very logical 1173 00:47:18,280 --> 00:47:20,800 Fashion on site 1174 00:47:20,800 --> 00:47:23,280 okay that's uh that's how I see it I 1175 00:47:23,280 --> 00:47:27,000 think obvious staff and the applicant um 1176 00:47:27,000 --> 00:47:28,960 have put a lot of effort into this and I 1177 00:47:28,960 --> 00:47:31,760 I don't see any uh concerns um that 1178 00:47:31,760 --> 00:47:35,200 aren't addressed in the in the proposed 1179 00:47:35,200 --> 00:47:37,760 conditions and I would state that I 1180 00:47:37,760 --> 00:47:41,160 would uh generally agree with staff's 1181 00:47:41,160 --> 00:47:45,230 considerations for finding 1182 00:47:45,240 --> 00:47:48,359 facts yeah I didn't yeah yesterday when 1183 00:47:48,359 --> 00:47:51,599 I read through it I came to the same 1184 00:47:51,599 --> 00:47:54,000 conclusion I would move to approve the 1185 00:47:54,000 --> 00:47:56,680 variance with the findings of fact and 1186 00:47:56,680 --> 00:47:58,960 the conditions as written should we go 1187 00:47:58,960 --> 00:48:00,079 through the 1188 00:48:00,079 --> 00:48:02,880 questions sure I mean I'm comfortable 1189 00:48:02,880 --> 00:48:05,240 honestly yeah I think they I read 1190 00:48:05,240 --> 00:48:06,960 through them earlier so you can just see 1191 00:48:06,960 --> 00:48:09,119 oh okay yeah I'm reading it 1192 00:48:09,119 --> 00:48:11,119 representative if we're if you guys are 1193 00:48:11,119 --> 00:48:13,319 comfortable with it I I think um 1194 00:48:13,319 --> 00:48:15,240 acknowledging them and and that we're 1195 00:48:15,240 --> 00:48:17,400 comfortable with what Nea had 1196 00:48:17,400 --> 00:48:19,000 stated 1197 00:48:19,000 --> 00:48:21,920 Okay so we've got a motion do we have a 1198 00:48:21,920 --> 00:48:27,880 second all in favor I I 1199 00:48:27,880 --> 00:48:31,150 opposed hearing 1200 00:48:31,160 --> 00:48:33,800 none thank you thank 1201 00:48:33,800 --> 00:48:36,800 you it it's 1202 00:48:36,800 --> 00:48:39,359 approved and looking for a motion to 1203 00:48:39,359 --> 00:48:42,960 adjourn move to adjourn 1204 00:48:42,960 --> 00:48:44,839 second 1205 00:48:44,839 --> 00:48:46,880 by this is our last meeting with 1206 00:48:46,880 --> 00:48:48,640 attorney hickin that was pretty easy for 1207 00:48:48,640 --> 00:48:51,960 my last that was your last one thank 1208 00:48:51,960 --> 00:48:54,119 you I was going to be I was going to run 1209 00:48:54,119 --> 00:48:55,160 over and ask that question are you 1210 00:48:55,160 --> 00:48:57,280 moving away or you staying here 1211 00:48:57,280 --> 00:48:58,760 I'm staying here I'm going to be the new 1212 00:48:58,760 --> 00:49:01,960 Chief legal officer