[0:07] around all the time.

[0:45] » [clears throat]

[1:13] » Good evening, ladies and gentlemen. Thank you for attending the Hubard

[1:16] County Planning Commission Board of Adjustment meeting for Monday, August

[1:19] 24th. Please bear with me while I meet read the meeting procedure.

[1:25] All persons in attendance at the Planning Commission Board of Adjustment,

[1:28] the PCBOA meetings are expected to comply with the following meeting

[1:32] procedure. Thank you in advance for helping make this a manageable meeting.

[1:36] Copies of agenda item materials are available for public viewing on the

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[1:48] Please turn phones to vibrate or off during the meeting and conduct any

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[2:15] Written material concerning agenda items must be submitted to the environmental

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[2:39] planning commission business is conducted first, followed by the board

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[2:46] the meeting procedure. The chair will read each item agenda

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[3:18] after being called to order, the speaker persists an improper conduct or remarks.

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[4:09] a part of the record and copies thereof have been given to the PCBOA.

[4:13] After everyone wanting to speak on an agenda item has done so, the chair will

[4:16] close public comment period on the agenda item and no further public

[4:20] comment will be taken after this point. The chair will give the applicant an

[4:24] opportunity to address issues raised during public comment.

[4:28] The PCBOA will then continue its discussion on the agenda item and the

[4:32] chair will entertain a motion on it. The PCBOA will make a motion to pass, deny

[4:36] or table the item. Once a motion is made and seconded, the PCBOa will develop

[4:40] findings of facts for conditional use permit and variance applications and

[4:44] then vote on the motion. Once the vote is taken on the agenda item, the PCBOA

[4:49] will move on to the next agenda item. Meetings commence at 6 p.m. and will

[4:53] continue until all agenda items have been heard or until 10 p.m. No new

[4:57] agenda items shall be considered after 9:45 p.m. The PCBOA may at its

[5:01] discretion continue an item that is on the floor at 10 p.m. Any remaining

[5:06] agenda items shall be continued to another date or time, preferably the

[5:09] immediately following Tuesday at 6 p.m. and no further public notice will be

[5:13] provided for such a meeting continuation. The PCBOA will then

[5:17] through the chair may modify these procedures prior to a meeting or an

[5:20] agenda item.

[5:27] All right. First thing on the agenda is the

[5:30] planning commission approval of the minutes. Approval of the July 27, 2026

[5:35] meeting minutes. Do we have any questions or comments on the planning

[5:39] commission me minutes?

[5:46] If no comments, questions, or concerns, I'm open for a motion.

[5:50] » This is Tim at the L. I'll make a motion to approve the July 27th planning

[5:56] commission meeting minutes. >> Thank you, Tim. I have a motion by Tim

[6:00] for approval. >> This is Larry. I'll second that.

[6:03] » And a second by Larry. Larry, how do you vote?

[6:06] » Larry, I vote I. >> Mike, how do you vote?

[6:08] » Mike, I vote I. >> Timothy, how do you vote?

[6:10] » Miss Timothy, I vote I. Ken, how do you vote?

[6:13] » This is Can I vote [clears throat] I? >> And this is Veronica. I also vote I. The

[6:17] planning commission meeting minutes of July 27th, 2026 have been approved.

[6:22] Next item up, we have no old business, so we'll go right on into the

[6:27] board of adjustment. Approval of the minutes there. If we have no questions

[6:32] or comments on them, I'm open for a motion.

[6:37] This >> Larry, I move we adjust the board of

[6:39] adjustment minutes as presented. Okay. Thank you, Larry. I have a motion by

[6:44] [clears throat] Larry to approve the July 27th, 2026 board of adjustment

[6:48] meeting minutes. Do I have a second? >> This is Mike. I'll second.

[6:52] » Okay. And a second by Mike. Larry, how do you vote?

[6:55] » Larry, I vote I. >> Mike, how do you vote?

[6:57] » Mike, I vote I. >> Timothy, how do you vote?

[6:59] » Timothy, votes I. >> Ken, how do you vote?

[7:01] » This is Ken, vote I. >> Mrs. Brock, I also vote I. The board of

[7:05] adjustment minutes have been approved for July 27th, 2026 meeting. Moving

[7:11] straight through to the new business variance application 43-V26

[7:16] by Don Dson-f Fox lot 6 block one and 115th interest in lot a island view

[7:24] section 3 township 139 range 33 Crowing Township Crowing Lake Township on Island

[7:29] Lake a recreational development lake parcel 06.51.00600

[7:33] 006000. The applicant is requesting a variance

[7:37] from section 902.1.b of the shoreland management ordinance

[7:41] for grading in a steep slope in excess of the permittable volume. Thank you so

[7:45] much for coming to the presenter's table. Can you please state your name

[7:49] and address for the record? >> Yes. Good evening. Uh I'm James Dreon. I

[7:53] am uh the agent for the owner uh who is here tonight. Um,

[7:58] » Don Dreon Fox, 15103 Choke Cherry Drive.

[8:03] » And Don, you're here tonight as well. Okay, I am.

[8:06] » Thank you. Don, can you go ahead and please state your name and address as

[8:09] well? >> Uh, Don Threes Fox um 15101 Choke

[8:14] Cherry. >> Thank you, Don. Appreciate that. Okay.

[8:16] And go ahead and continue with your request, please. Yeah, we're proposing

[8:21] as as we stated a a 30 by 30 uh foot addition to uh her cabin uh with a

[8:29] smaller uh lower level or walk out basement level. Um we wanted to uh go

[8:35] down rather than up to, you know, keep the footprint a little bit smaller. And

[8:40] uh the this the natural contours of the lot seem to support um a walkout uh

[8:46] basement very nicely. um sands the the requirement or the restriction on how

[8:53] much volume of soil we can move. So um we're also proposing a excuse me a

[9:00] threeseason porch on one end and a and a small small grill deck on the lakeside.

[9:07] » Okay. Thank you so much. In this um application here, it also states that

[9:12] you're going to be removing the gazebo and the 10 x10 shed. Is that correct?

[9:17] Yeah, we're still trying to sort the gazebo as to how we can handle that. Um

[9:23] but yes, it needs to move um to support the construction. Okay.

[9:32] » And at this time, it appears that your request is to move approximately 200

[9:37] cubic yards of soil. >> Yeah, that's the best estimate from our

[9:41] contractor. >> Okay.

[9:44] Do I have any questions or comments from the board?

[9:48] » Um, I neglected to ask this, Larry. When we were out for lot view, is the soil

[9:53] going to leave the premises or are you putting it elsewhere on site?

[9:57] » Um, that would it you if it needs to stay on site, we certainly can keep it

[10:02] on site. Um I don't know that that had been completely determined but uh yeah

[10:08] there is there is spots to put it um on the site because as you recall we have

[10:13] quite a bit of land to the um to the south.

[10:18] » Okay. >> I guess the question would be are you

[10:23] going to use it any fill of it anywhere else around the house of you know not at

[10:27] all just Okay. No, we've got a it's pretty level where the c the one cabin

[10:32] the existing cabin is.

[10:38] » Any other questions or comments? >> This is Ken. Um obviously the shape of

[10:43] your contour um storm water runoff is a concern. Um

[10:50] um I would at least like to make sure that the house is has properly installed

[10:56] gutters and all storm water is directed down to the west to that low area of

[11:03] your property uh and not allowed to run towards the lake. That would be a

[11:08] condition uh for me to be willing to consider this.

[11:13] » Yeah. And we've got we're proposing gutters on on the addition. And as you

[11:17] noted noted, we have do have the gutters on the on the cabin, the existing cabin.

[11:21] » I just want to make sure that the addition would uh ensure that that water

[11:26] does down to the left there. >> Yeah, there's a natural swale there that

[11:31] » and a low area basin to catch it. Yes. Thank you.

[11:34] » Yep. That's that's the intent is to manage the storm water in that way.

[11:39] Okay. >> Okay. I'm going to at this time I'm

[11:41] going to go ahead and open for public comment.

[11:47] And seeing none, I'm going to close public comment.

[11:51] Uh during the lot views, I did notice that uh the lakeside is very well

[11:56] vegetated. I don't see I appreciate that too. It's I did note that. So there's a

[12:03] lot of screening for this proposal. Um,

[12:08] it's not getting any closer to the lake. I do, it's still on the It's not

[12:13] encroaching any closer. >> Um, I do like Ken's proposal as far as

[12:20] the condition, even though you talked about the the guttering, but I would

[12:23] like to put that condition on there, too, that this guttering be installed to

[12:27] direct that storm water away from the lake. I also would like to put on there,

[12:31] even though you have in your application that you're going to remove the shed and

[12:34] the gazebo, but the lake um the 10x10 shed and the gazebo must be removed from

[12:42] the property prior to your land use permit being obtained.

[12:46] If you're going to remove those items anyway, I don't foresee that to be a

[12:49] problem unless you do. >> We don't have a plan to move on where

[12:54] how we're going to move it or how we're going to get it out. So, it might not

[12:56] happen before. Are you not I mean are you not going to do anything this?

[13:00] » It has to be moved back. We just >> Sure. But I mean this season's almost

[13:04] over for contracting. You're probably not going to do your permit until next

[13:09] spring anyhow. Is that correct? Or do you have a plan yet?

[13:12] » Yeah, we're hoping to well pending tonight's decision. We were hope hoping

[13:17] to start uh in September. >> I see. To do the ground work then.

[13:22] » Correct. >> He wants to get it closed off so we can

[13:23] work all win all winter. >> I see. Yeah,

[13:27] » Ronnie, for my clarification, the the gazebo there that seems to be

[13:32] an iffy about removing it. Are we are we going to require that as

[13:39] part of a condition or that at least must be moved back to 100 ft? What?

[13:44] » Yeah. Well, he just mentioned it during lot views because they're going to have

[13:48] a screened porch that they were going to get rid of it or, you know, relocate it.

[13:53] So, I was going to utilize that as a condition, but um I'm I'm open either

[13:59] way that it can be moved back either to the 100 foot setback and permitted

[14:05] properly. Um

[14:09] yes, either one for me. >> I guess I would be okay with that that

[14:15] we're moved back if there's room >> as opposed to destroying it anyway. So,

[14:20] I don't know how my colleagues feel. >> Oh, absolutely. I didn't want to see it

[14:23] destroyed. I just wanted to see it removed from the property with the as he

[14:27] mentioned, he's going to have screened in porch. That's the only reason.

[14:31] » This is Tim. Uh I've got a question for Eric. With the leftover after they

[14:36] backfill, if they get this and backfill, wouldn't they have to remove all that

[14:40] soil off the property?

[14:44] » Unless there's some place that meets setback and isn't in a steep slope where

[14:49] they could place it. I'm going to guess if they've got anything left over,

[14:53] they'll probably want to have it taken off site.

[15:02] » So, so there's only certain spots it can be.

[15:05] » Yeah. >> Yep.

[15:09] » The plan was to take it off site, wasn't it?

[15:11] » Yes. >> Yep.

[15:20] One other thing that I was questioning, I don't know how the board members feel,

[15:23] but with this um size of a additions and the

[15:31] setback from the lake, I was considering the condition that no further additions

[15:36] just to the residential structure um be allowed

[15:42] » as a condition. >> Correct.

[15:45] from a two-bedroom to a fourbedroom and being 66 feet from the OW.

[16:03] » This is Larry. You might um help me out if I'm wrong here, but there was no

[16:07] garage on the property. Correct. >> Right. And this would only be the

[16:09] residential, but that still doesn't mean they couldn't have an accessory

[16:12] structure possibly, you know. >> Okay, that's what I wanted to clarify to

[16:15] make sure that we weren't stopping all that. Okay, very good.

[16:18] » Yep. I considered that. Yep. I considered that.

[16:21] » That was a goal down. >> Yep. And that's why Yeah, exactly.

[16:27] » Yep. >> Okay.

[16:30] Put a motion. >> Yes, please.

[16:33] » Um I'll try with the conditions. I'll make a motion that we accept uh variance

[16:39] request 43V26 with three conditions. Uh there will be

[16:46] no future additions to the residential building will be allowed in the future.

[16:53] Uh that um guttering uh and water storm water direction will

[17:01] ensure the water goes to the um low area west of the of the uh structure

[17:10] and that the shed uh the shed that's to the west of the

[17:16] structure, not up the hill. Um and the gazebo be removed from the property.

[17:28] I think I picked up on all the >> so not just moved back 100 feet removed.

[17:33] » Well, I'm since you're getting a screened in porch. Um I'm making the

[17:38] statement that of completely removal. If the rest of the colleagues are okay with

[17:45] 100 ft, I agree with that. But it seemed to be that the contention wasn't as long

[17:50] as with the amount of construction, the size expansion and and the screened in

[17:55] porch that it was it's not necessary to be there. So, um I don't know how other

[18:00] people feel.

[18:06] » I'm okay with that if >> I am too, but maybe a deadline because

[18:09] you can't I mean might have to put a deadline on it.

[18:12] » Could I ask that we have some time to do it because

[18:14] » Oh, absolutely. Yes. Yes. Yeah. Um, oh yeah, you you can add that. Uh, I forgot

[18:19] that. >> Yeah, I mean, even if we say by next,

[18:22] you know, because I know you're going to be doing the

[18:25] ground work, but even if we say if the has to be removed by in one year, that

[18:30] would be this time one year, you know, within one year. The shed can be removed

[18:35] right away. But the >> yeah the fourth condition is shed and

[18:39] gazeu need to be >> um removed with one year from the

[18:44] » from today >> acceptance the application.

[18:46] » Mhm. Correct. And then the findings of facts.

[18:51] » Okay. Let me try. Um is the variance in harmony with the general purposes in 10

[18:56] official controls? Uh construction is at the side of the structure which

[19:01] maintains this still maintains the setback from the lake. the conditions

[19:06] for gutters uh other structural removal um um

[19:13] uh um see removal are consistent with the official controls.

[19:19] Uh is a property owner proposing to use a property reasonable manner not

[19:24] permitted by an official control? Yes, increasing a very small cabin of 720

[19:29] square ft to the approximate 2,000 square ft is a reasonable use.

[19:35] Uh number three is the need for a variance due to circumstances unique to

[19:40] the property and not created by the current or property owner. Um the

[19:45] topography is such a soil removal would required for any construction. Um uh and

[19:52] it is mostly in a steep slope area. >> Yep. And we can also add that the

[19:56] driveway runs through the southeast corner providing access to the adjacent

[20:00] lot for that one as well. >> Yep. We can add that. Good point.

[20:05] Um, will the issuance of the variance maintain the essential character of the

[20:10] locality? Uh, location is single family residence with good separation. Uh, and

[20:16] the applica applicant's family owns the property to the east. So, there's really

[20:21] no change to the character. And number five, uh, is yes. Does the stated

[20:28] practical difficulty involve more than just more than just economic

[20:33] consideration? The answer is the econ economics are not cited in the

[20:37] application is a practical difficulty. >> Okay. Thank you. We have a motion by Ken

[20:42] to approve the variance application as stated per the site plan with the

[20:47] conditions that he listed the three conditions and he produced the findings

[20:53] of facts one through four and adopted number five. Do I have a second?

[20:58] » This is Larry. A second. >> And a second by Larry. Timothy, how do

[21:02] you vote? >> This is Timothy, I vote I.

[21:04] » Larry, how do you vote? >> Larry, I vote I.

[21:06] » Ken, how do you vote? >> This is Ken, I vote I.

[21:09] » Mike, how do you vote? >> Mike, I vote I.

[21:10] » And this is Veronica, I also vote I. So, you'll be receiving a decision letter

[21:15] from the Environmental Services Office on your next steps. Okay.

[21:18] » Thank you. >> All right. Thank you very much.

[21:26] Next item on the agenda is variance application 44-v26

[21:30] by John Carter, part of government lot 2, section 35, township 142, range 34,

[21:37] clean clay township on big man trap lake, a recreational development lake,

[21:41] parcel 04.35.00820.

[21:46] The applicant is requesting a variance from section 902.1 of the shoreland

[21:50] management ordinance for grading in a steep slope in excess of permittable

[21:54] volume. Okay. Thank you, sir. If you could

[21:58] please state your name and address for the record.

[22:01] » John Carter, 28833 Junipine Park Rapids. >> Okay. Thank you, sir. And please go

[22:07] ahead and state your request for us. So, I'm looking to create a new access to my

[22:13] property off of Juul. Um, basically a new driveway. Um,

[22:22] that's what I'm looking to do. >> Okay. Thank you, sir. I'm just going to

[22:26] also read in here. Says the request is to allow approximately 280 cubic yards

[22:31] of soil to be removed in a steep slope so that the road approach onto County

[22:36] 104 can be moved. Is that correct? Uh, I'm going to say yes. I have a

[22:41] little difficulty hearing, but I think >> I'm sorry. I can Is that a little

[22:44] better? >> Yeah, that's okay. Yeah.

[22:46] » Um, so I'll read it one more time. The request is to allow approximately 280

[22:51] cubic yards of soil to be moved in a steep slope so that the road approach on

[22:55] the county 104 can be moved. Is that correct?

[22:58] » Correct. >> Okay.

[23:00] Um

[23:03] and it says the approach is for the Juniper Drive which is a private road

[23:06] that has five properties using it for access. These five properties have

[23:10] easement over the current location of Juniper or Junipine Drive which runs

[23:15] into front of the house the applicant constructed on the lot roughly three

[23:18] years ago. Correct. >> Correct.

[23:20] » Okay. And the easement predates the house

[23:24] and

[23:31] Okay. Do I have any questions or comments from the board?

[23:43] If we don't have any questions or comments at this time, I'm going to go

[23:46] ahead and open for public comment. Okay, go right ahead. And it appears our

[23:52] microphone is not coming down out of the ceiling, so you'll have to use the

[23:56] handheld one, please. So, first sign in. >> I am Christine Almond Maples. I live at

[24:02] 28909 Judah Pine Drive. >> Perfect. Thank you. And you'll also have

[24:05] to sign in on the board, too. Thank you. Thanks. Um, so I'm on the driveway on

[24:10] the end part, the furthest part, one of the five people that live there. Um, I

[24:15] did give a written um, letter to the county, but that was under the

[24:20] understanding that the driveway was being adjusted and moved per the

[24:24] application. Um, even now though with maintaining the original driveway, I

[24:29] still do have the concern about the structural integrity, the risk to that

[24:33] with the additional um, approach. [clears throat]

[24:35] Um, I'm there all year round. My husband and my family and I, we are there all

[24:40] year round. We maintain the road in the winter with the snow plowing. We hire it

[24:43] out. I don't do it myself. Um but in the summertime whenever we've got a rain,

[24:48] myself and our neighbors, our other four neighbors um also go and maintain the

[24:52] road with bringing in class 5 as needed, whatever. There are significant areas of

[24:57] ruting after the rain and we are concerned about the structural integrity

[25:00] that it might introduce additional rudding for the new driveway. Okay.

[25:05] » Thank you very much.

[25:24] Okay. Any other public comment?

[25:36] » Hi, I'm I'm Linda Y. 285 Gun Pine Drive. I'm just concerned about

[25:43] » maybe a little bit closer or >> I'm concerned a little bit about the

[25:46] easements. Um I know I I sent in a public comment letter and I just want to

[25:50] make sure y'all are aware of that and take that into consideration too because

[25:56] um any new I'm sure you all were out there looking at it the other day and

[26:02] it's a steep access if it is put in that way and the onto 104 becomes a problem

[26:11] and other neighbors are concerned about it. And on weekends when there's a lot

[26:15] of traffic through there, there's a blind corner when you come over the

[26:18] hill, you can't see it. And um I'm concerned about that. And then there

[26:23] were the 911 address changes. What do we change our address if that

[26:29] happens? Um those are the questions I have.

[26:34] » Okay.

[26:37] » Okay. Thank you.

[26:54] Okay. Any other public comment?

[27:04] I'm Betty Hakabo and my address is 2911. I Juliet drive. I do not live on Juniper

[27:10] Pine Drive, but I go by this area anywhere from probably 4 to six times a

[27:16] day. So, I go around the Islands Corner, which is about 150 ft from where the

[27:21] driveway is proposed, which doesn't give you much time coming

[27:25] around that corner to see somebody coming out. It's an extremely steep

[27:31] elevation to put a driveway in. Coming from the south, coming like from town,

[27:38] when you come to the hilltop, it is probably 100 ft from there, which is

[27:43] another not so good idea because you can't

[27:49] really see very well. There's a lot of trees around. Um,

[27:54] the driveway has been there for many years.

[27:58] And um I'm wondering what's the purpose in changing it.

[28:06] I guess to know I mean there's a driveway there now that

[28:12] serves a purpose. So that's just my concern and I also

[28:17] sent a letter

[28:22] Any

[28:34] [snorts]

[28:40] other public comment?

[28:46] Okay, seeing none, I'm going to close public comment.

[28:55] questions. >> Sure. Go ahead, Ken. Um,

[28:59] » Mr. Carter, um, how wide were you proposing

[29:05] uh the cut be in that uh steep hillside, the full 33 feet of

[29:12] the easement? No, I I was planning on 16 feet to 18

[29:17] feet, which is the current width of the existing easement. It might end up being

[29:23] a little wider than that. >> Okay.

[29:25] » I've only had one contractor look at it,

[29:29] » but he looked at terms of removing the dirt and rounding the I don't know how

[29:34] to put it, rounding the top of the hill. It might end up being more like 18 feet.

[29:40] » Okay. And then to prevent um

[29:45] coming down to the wall things on the side, usually a 3:1

[29:50] ratio. Um and it looks to me like you're cutting about 15 ft into that hill. So

[29:57] at least eight or 10. That would seem to me that you're going to beyond that 16

[30:01] or 18 feet, you're going to have to peel out what maybe 24 feet on each side. Uh,

[30:09] I think you're I think you're pretty close.

[30:10] » Any kind of u protection. That's pretty extensive.

[30:14] » Yeah. >> Yeah.

[30:15] » And you built your house when the road's

[30:21] been there for many, many years. What what's what's driving you to need

[30:27] to want to um prevent the traffic from coming in on the current road or what

[30:34] what's what's driving you to do this? I'm not, first of all, I'm not

[30:37] preventing anybody from using the current access. They have deeded access,

[30:41] so that's never been an issue with me. You're pretty close to, I think, what

[30:45] the contractor was telling me, the tip to tip area between 24 and 30 ft. He's

[30:50] not sure, >> he's recommending class three rock up to

[30:54] 8 ft and then ground cover beyond that to prevent soil erosion,

[31:00] » but he did tell me um that it would be it would be when

[31:06] he's done doing the grading, then that would determine how much of the class 3

[31:10] would go in there. Um, you're right that when I built the

[31:15] house, uh, we have kind of a rough idea of the

[31:20] landscaping we want to get done to the house. And one of the things we want to

[31:25] do is create a little better look for the house, then having

[31:30] that open space, which is actually wider than the house to create a little better

[31:36] look to when you're when I'm looking at the house kind of thing. And I think one

[31:40] of the people that was at the site inspection hit the nail on the head when

[31:44] they said, "I'm going to grass in where the current driveway access is," which

[31:47] is part of the plan, and then plant trees uh along our the

[31:54] west side of the easement between the easement and the house to make the

[31:59] appearance of the house better. That's been the goal from the beginning. I have

[32:02] a small logistic issue, which is getting my

[32:06] 23 foot boat trailer and my uh long box

[32:13] uh crew cab truck to make that turn easily. This would make that easier, but

[32:17] that's secondary to the landscaping plan.

[32:26] Okay. I'm I'm still being the owner of a boat trailer about

[32:31] the same size, >> I still don't see how that easement and

[32:35] the slice you're going to make is going to make improve your ability to u get

[32:41] your trailer onto the current drive. Um, and it seemed to me there's plenty of

[32:48] room for it to be turned around with the current setup.

[32:52] » I can I can do it. just takes a about like a three-point turn for me to get it

[32:57] in there straight. >> Yeah. So, okay.

[33:00] » This is Tim. Um, I agree with the public comment. I I think somebody coming 60

[33:06] miles an hour either way, it's it's going to be too close from it being

[33:11] blind that close. And I do think it's a safety issue. And um and I think you're

[33:18] going to have the same problem with driving in from that way as you would

[33:21] the way you are. So, myself, um, I'm not in favor of the

[33:28] [snorts] >> the new driveway is 72 feet

[33:32] » further north. >> It's down a hill and closer to a corner

[33:37] the other way. >> 72 feet.

[33:39] » I was there, >> right?

[33:40] » Y, >> but you still have this 90° turn because

[33:43] the the angle that you have, you still have to go in and then turn to get down

[33:48] to your house. That would be that would be the turnout that the contractor would

[33:52] build. >> No,

[33:54] » it's the same it's the same 90 degrees for me though.

[33:57] » Yeah. During when we were there, you mentioned that you would come straight

[34:02] across your grass. You know, you go qu right across your grass.

[34:07] » Well, you can already go right across your grass utilizing the Junipine Drive

[34:14] and not even have to cut any of this excess out.

[34:18] All the ideas that were mentioned during the site inspection are are they're

[34:23] ideas, right? They're good ideas and they work.

[34:25] » Yep. Right. >> But for me, the part that we're trying

[34:28] to accomplish is also a long range landscaping idea.

[34:32] » And that would mean changing basically the front yard by planting trees and

[34:37] such with maintaining the current short driveway that I've got that would

[34:43] prevent that from happening. That's that was my purpose in applying for the

[34:47] variance is to make the the driveway more or less hidden by planting trees

[34:54] » on my property. >> So,

[34:58] » but if it's still going to be left open for people to drive, you're not going to

[35:02] be able to change the landscaping >> anyway. It's absolutely true.

[35:07] » Right. >> My approach to the property would be

[35:09] better from an appearance standpoint.

[35:17] This is Larry. I walked up on that hill and looked down and it it's really a

[35:20] straight drop down to 104. >> And the amount of dirt that would have

[35:24] to be moved to make that a safe driveway with a flat spot on the bottom and stuff

[35:30] so you can actually stop before entering 104. To me, it's just not feasible. um

[35:34] it from a safety standpoint and also it's just a really serious

[35:40] um cut to fix a fairly minor break. So I I have trouble. So the

[35:48] » the actual elevation from Juel to the point of the easement is 10 ft over 117

[35:57] ft, which is the exact same distance from

[36:02] the low point of the easement to where the new approach would be for my

[36:06] driveway. So it's it's uh one foot for every 10 feet roughly of elevation

[36:13] to the easement, >> right? But 104 runs uphill to that

[36:19] current easement. So that's eating most of that naturally where you're trying to

[36:23] do it in a very short span. >> It's going to be a miserable slippery

[36:31] hill in the winter time. >> Yeah.

[36:33] » Sorry. >> What in the winter time snow will get

[36:36] packed down. It will become very slippery. That steep part where you're

[36:40] going to have to go up. Well, so the actual elevation

[36:47] for my driveway from Jewel 104 to the easement is exactly the same elevation

[36:54] that currently exists in the the the current easement. It's 10

[36:59] ft from the low point to the new point of entry. It's the same 10 feet.

[37:06] So, it's no I'm not I'm not disputing what you're saying. What I'm saying is

[37:09] that it's the same for me. It's the same same 10 ft.

[37:20] This is Veronica speaking. I'm in agreeance with my um colleagues that the

[37:25] existing location of Junipine Drive works, just as it is for the applicant,

[37:31] that this proposal is excessive. Um especially this 280 cubic yards of

[37:39] material uh the safety issues, the blind spot. Um during lot views, we all were

[37:46] in agreeance that there's plenty of room on the property that the applicant can

[37:52] usable space that the applicant can drive to access the pole shed. So, I'm

[37:58] not in favor of the application and I am uh I would agree with the staff and

[38:05] deny. This is Tim. I'll make a motion to deny

[38:10] application 44-V26 and adopt staff's findings.

[38:17] » I have a motion by Timothy to deny the application and to adopt the staff's

[38:23] findings of facts. Do I have a second? This is Mike. I'll second.

[38:28] » Okay. And a second by Mike. Timothy, how do you vote?

[38:31] » This is Timothy, I vote I. >> Ken, how do you vote?

[38:34] » I vote I. >> Larry, how do you vote?

[38:36] » Larry, I vote I. >> Mike, how do you vote?

[38:38] » Mike, I vote I. >> And this is Veronica, I also vote I.

[38:41] Your application has been denied and you will receive a decision letter from the

[38:46] Environmental Services Office within the next couple of days. Okay.

[38:53] Next item on the agenda, variance application 45-B26

[39:01] by William Mills Trust, part of government lot 7, section 30, Township

[39:07] 142, range 33, Thorp Township on Big Man Trap Lake, a recreational development

[39:13] lake, parcels 2630.01800

[39:18] and 26.30.0160.

[39:22] The applicant is requesting a variance from section 4 subdivision A1A2

[39:27] of the subdivision ordinance for proposed boundary line adjustment that

[39:31] will not make a non-conforming lot more conforming.

[39:35] Thank you for coming to the presenters table

[39:39] and go ahead and state your name for the record please. William Mills. Uh,

[39:45] » and the address that >> 249

[39:50] anyway, Juniper Trail, >> whatever my number is.

[39:54] » 29421. >> Okay. Thank you.

[39:56] » There you go. >> And my neighbor Mark Condiff.

[39:59] » Yep. I'm at 29291 Juniper Trail, adjacent property.

[40:03] » Perfect. Thank you. And go ahead and uh give us your rundown on your request,

[40:07] please. It's simply to uh draw a straight line between our two

[40:12] properties. Um uh for some reason history uh

[40:18] saddled us with a really strange uh configuration.

[40:23] Um so we're uh we we picked the same point on the uh lake shore of the

[40:30] existing uh property line. So no lakes shore changes hands and then the line

[40:36] was drawn. So that we traded uh square foot for square foot of land. So there's

[40:42] no change in amount of land either one of us own. And we have a straight line

[40:48] from the lake shore over to the property line which goes down the side of uh

[40:53] Juniper Trail. >> Okay. All right. Thank you very much.

[40:58] I'm going to go ahead and just open for public comment.

[41:03] And seeing that I'm going to close public comment.

[41:08] Do I have any questions from the board? No,

[41:11] » this is again just for the kind of for the record. It seems to me this is such

[41:16] a logical thing to do. Both lots are still fully conforming in terms of

[41:23] billable area and lot size area and shoreline and so on. It seems pretty

[41:29] straightforward to me. >> Yes, that is correct. Both lots will

[41:32] remain conforming in that area. the lot area and lot width. Agree. Um

[41:38] they're just sharing that boundary line that's very oddly shaped and doesn't

[41:41] allow the s sideel lot area to be utilized. So I agree. Seems to be pretty

[41:47] simple boundary line adjustment

[41:53] and we've already received township provided a written statement

[41:58] um which says the township will not require variance for the proposed

[42:02] boundary line adjustment as well. and the septic on both lots are compliant

[42:05] and will continue to meet the required property line setbacks. So, anybody

[42:09] prepared for a motion? >> I can do it.

[42:13] » Go for it. >> I'll make a motion that we accept

[42:16] variance application 45V-26 and accept the staff's findings of fact.

[42:23] » Okay. Have a motion by Ken to approve the application 45V-26 as presented and

[42:28] adopt the staff's findings of facts. Do I have a second?

[42:33] This is Larry. I'll second. >> And a second by Larry. Timothy, how do

[42:37] you vote? >> This is Timothy, I vote I.

[42:39] » Larry, how do you vote? >> Larry, I vote I.

[42:40] » Ken, how do you vote? >> This is Ken, I vote I.

[42:43] » Mike, how do you vote? >> Mike, I vote I.

[42:44] » And this is Veronica. I vote I. The application has been approved. You'll be

[42:48] receiving a decision letter from the environmental services on the next

[42:52] steps. Okay. Thanks so much.

[43:03] Okay, next item on the agenda, variance application 46-B26

[43:07] by Jessica Deck.

[43:11] Part of government lot 6, section 4, township 139, range 33, Crow Wing Lake

[43:16] Township on fourth Crowing Lake, a natural environment lake, parcel

[43:20] 06.04.01330.

[43:24] The applicant is requesting a variance from section 704.1 C of the shoreland

[43:29] management ordinance to make a lot not created compliant with the official

[43:32] controls in effect at the time into an improved lot. And we have the authorized

[43:38] agent um from Racer Construction here. Go

[43:42] ahead, state your name and address for the record, please.

[43:44] » Jod Elani, Racer Construction, 200 or 26299

[43:49] Eagle Bay Avenue, Osage, Minnesota. >> Perfect. Thank you, Jody. can go ahead

[43:53] and just give us a quick rundown on the request, please.

[43:56] » The request that people would like to build a a small house and put a garage

[44:01] on a on a lot that uh all the sizes they had there actually I thought fit very

[44:08] well. Um

[44:14] that's about where we're at. All right. Yep. So, the lot was created

[44:19] in 2002. did not comply with the rear lot line width requirement at that time.

[44:24] Um, could be no less than 50% of the 200 foot minimum lot width because it had no

[44:29] rear lot line, I guess. Um, let's see. We have the septic design in there for

[44:35] the three-bedroom house. And we have an alternate site that you showed us as

[44:38] well. Got everything staked out.

[44:45] So, I'm going to go ahead and open for public comment.

[44:50] Seeing none, I'm going to close public comment. Do I have any questions from

[44:54] the board members? >> I just have a comment, I guess. Um, I

[44:58] would ask that the paperwork be sent in to memorialize an alternate site.

[45:05] » Okay, >> I'd [clears throat] be in favor of it,

[45:08] but >> that'd be great. Yeah,

[45:09] » I'd have u paperwork sent in the environmental services to

[45:14] » I didn't have one didn't I didn't have one on the design paperwork Tim

[45:18] » I didn't see it but >> okay

[45:20] » it might be there if it is then you got it done maybe it is in there

[45:26] » let's see I put it in there soils are there

[45:31] » looks like soil >> yep I just didn't draw it in right to

[45:35] the top right above that one >> just to Mark the spot.

[45:39] » Yep. >> Y

[45:40] » can do that. I can stop by environmental services office next week and do that.

[45:44] » Perfect. Okay. >> All right. Any other questions or

[45:47] comments? >> I I knew during public or during the

[45:51] lobby, you showed us where it was at. So, yeah, if you could just get that on

[45:54] there for us, that'd be great. >> Yeah. Tim asked when we were out there

[45:59] where it was. >> Yep.

[46:02] » And the soils were verified when we were >> Yeah. So,

[46:14] Let's see there we do have staff also commented

[46:19] that if the condition that

[46:24] can de that only be submitted per this site plan sketch.

[46:34] My only comment to this is that this lot uh you know meets the 200 feet shoreline

[46:41] for a natural environment lake. It meets the 150 ft setback. It's just a very odd

[46:47] shape uh triangle shape at the back that makes it nonconforming

[46:52] uh and doesn't meet that 80,000 square ft. But otherwise it's given the heavy

[46:58] vegetation and so on, it seems like a very reasonable lot.

[47:04] Veronica. >> Yes, sir.

[47:05] » Can we had stake that to where the front of the garage and the front of the house

[47:10] were even? >> Is that going to make a difference?

[47:15] » Is it very much different than the site plan? This

[47:18] » uh it's setting about the same place as just the front of the house and the

[47:21] front of the garage. We staked them to where they were even.

[47:24] » I think the main concern would be just the sizing. Was that correct, Eric? Or

[47:29] just on your staff report? That's the main

[47:32] » the main intent. Yeah. Just so we don't get a

[47:35] » Okay. Yeah. Because we slid it back to give them so they wouldn't go down the

[47:39] hill and scream through their garage door on the ice. So

[47:42] » the main thing is just that size construction part. So

[47:47] okay. All right. Any other questions or

[47:50] comments?

[47:56] It's mainly just to prevent future and large, you know, massive stuff.

[48:03] » It's kind of nice to do one where they aren't trying to fill the whole lot with

[48:06] a house. >> Exactly. Correct. So, okay.

[48:20] This is Larry. I2 am supportive and would move that we accept um variance

[48:23] application 46V26 and accept staff's findings of facts

[48:28] with the condition that these um alternative septic site get noted on the

[48:33] plan. >> And are you going to throw that little

[48:36] condition in there just for

[48:45] » the lot can only be developed per the submitted site plan sketch. Okay.

[48:52] All right. So, I have a motion by Larry to approve the variance application

[48:55] 46-V26 per site plan with the condition that it

[49:01] can be only be developed per the submitted site plan sketch and having

[49:06] that septic information thrown on there. >> This is Timothy. I'll second.

[49:11] » Okay. And a second by Timothy. Timothy, how do you vote?

[49:15] » Timothy, I vote I. >> Larry, how do you vote?

[49:17] » Larry, I vote I. >> Ken, how do you vote? This is Kenna vote

[49:19] I. >> Mike, can you vote?

[49:20] » Ma vote I. >> And this is Veronica. I also vote I. The

[49:23] application has been approved and decision letters will be sent out. Okay.

[49:28] » Thank you guys. >> Thank you voting.

[49:38] Next item on the agenda, variance application 47-B26

[49:44] by Sunny Shores. Part of government lot one and government lot two. Part of the

[49:48] northeast quarter of the southeast quarter and part of the southwest

[49:51] quarter of the southeast quarter. All in section 12, Township 140, range 35, Todd

[49:56] Township on Fish Hook Lake, a recreational development lake parcels

[50:00] 27.12.00120. 00120

[50:04] 27.12.00500

[50:07] 27.12.0060

[50:10] 27.12000610

[50:14] and 27.12000620.

[50:17] The applicant is requesting a variance from article v section 2011b of the

[50:22] subsurface sewage treatment systems ordinance which requires that a

[50:27] subsurface sewage treatment system shall be upgraded to conform and entirely with

[50:33] all requirements of the SSTSO when an SSTS is disconnected from a building

[50:38] being replaced and connected to a new building.

[50:41] » Thank you for coming to the presenters table. Could you please state your name

[50:44] and address for the record? My name is Paul Danielson. I live

[50:48] [clears throat] at Sunny Shores at 20403, County 1, lot 50. And with me

[50:54] today is Rick Smith as well. Okay. >> Uh Rick Smith, Northland Subtic

[50:58] Maintenance, and I'm the licensed inspector that worked on it as well as a

[51:03] licensed service provider. >> Okay.

[51:07] Thank you. And go ahead with your proposal, please.

[51:12] » All right. So the variance uh request that we have before you is uh related to

[51:17] the disconnect of a mobile home and a new mobile home being brought in. Uh we

[51:22] have 52 uh mobile home units that are in Sunny Shores and have been in there um

[51:28] since it was started in 1990 and periodically some of the mobile homes

[51:34] need to be replaced. Um it just so happened that last year one of our units

[51:39] u we had a death of that member. they sold it. The person that sold it to came

[51:44] in to get the uh permit for the mobile home and was notified about this clause

[51:51] that we hadn't previously dealt with of having to upgrade the septic system uh

[51:56] to current standards. Our septic system is in compliance right now. And so our

[52:01] request right now is simply that we have the ability and flexibility to replace a

[52:07] mobile home as long as we don't increase the number of bedrooms in that unit.

[52:15] » And how many bedrooms is in the current unit?

[52:19] » Two. >> Currently in lot 29 there are two

[52:22] bedrooms.

[52:28] But again, I want to make emphasize that the variance application is not just for

[52:33] lot 29, but for the ability for any of them to be replaced as long as we're in

[52:39] uh compliance.

[52:44] » This is Mike. When was the last time you replaced a unit there?

[52:48] » I believe the last unit was replaced in 2023.

[52:57] And which one was it? What number? >> Bear with me for a minute.

[53:02] » Sure.

[53:12] » Lot 22 was the last one that was replaced prior to this request.

[53:17] » During lobby, as you mentioned, four trailers were swapped out over the 10

[53:21] years. And so that was number 28, number 50, and number 22. What's the last one?

[53:27] » Can you repeat those numbers to me? >> Number 28. Number 50. Number 22.

[53:35] And there's one more. >> Number nine.

[53:39] » Number nine. Those are the only ones in the last 10

[53:43] years. >> My memory is not that good that I can

[53:46] emphatically say that, but I believe that is approximately correct.

[53:57] When those changed, did bedroom numbers, occupancies change,

[54:02] bedrooms increase? >> I know in at least one of those cases,

[54:07] yes. I am the owner of lot 50. I do know that

[54:11] one did not change.

[54:17] » Have you seen the This is Tim speaking. And have you seen the plan of the one

[54:21] that's exchanging with 29 the new one? >> I have.

[54:26] » So is it just the two bedrooms or is there a twobedroom and a hobby room?

[54:33] » So there so the request that came in from lot 29 to us was to put So when we

[54:39] started this discussion it was that we have typically looked at these things

[54:44] from a size perspective. How much room do we have on the property to be able to

[54:48] put it in? And in this case, there's a 60 ft trailer there. And we had based on

[54:55] room had said we could go up to 70 ft. Typically, a 70ft unit is two bedrooms,

[55:01] two bath. Um his request was for a three-bedroom, two bath and a full 70

[55:07] foot end to end. We came back and said, "No, we understand the issue. we now are

[55:15] dealing with with the ordinance and with the potential for a septic system. And

[55:19] we said, "No, we're only going to accept two bedrooms." The plan currently has

[55:23] put in front of us is two bedrooms with a den space in there.

[55:36] [sighs] Public comment.

[55:41] » I'll open for public comment at this time.

[55:45] Seeing none, I'll close public comment. >> So, this is Tim speaking. I I u I I

[55:52] don't have a problem with the 29 either, but I'm not in favor of just a blanket

[55:56] open permission for you guys to handle it only because of just what you're

[56:02] talking about that that den cuz I think um going through us, we'd look at a plan

[56:09] of a place and say yes or no and when it walks like a duck, it talks like

[56:17] a duck and [laughter]

[56:22] So, I'm in favor of the the application, but

[56:27] not the blanket permission to put in an exchange when they want.

[56:35] And your your

[56:39] recommendation is they could replace the current one but with two bedrooms, not

[56:46] three. Okay. >> No, I wouldn't put No.

[56:50] One for one, right? >> So for only this one,

[56:54] » right? >> Right. And then how do you

[56:58] » I would think that if you would have to come each time for a variance, right, to

[57:03] exchange it and then we'd look and we'd look at the plan that was supplied by

[57:08] whoever's going to sell it and they'd show that they have a garbage disposal

[57:12] or if they have >> two bedrooms and two hobby rooms. And

[57:17] then we make our decision whether we let it go or not.

[57:21] » And if the septic is compliant and if they're maintaining, he mentioned that

[57:24] they have their new uh digital >> Yep.

[57:27] » um metering and keeping up with your digital metering. That would be easy to

[57:32] prove if they're compliant. >> Sure.

[57:34] » And when they would be easy to move forward if it's all

[57:39] » handy dandy. Yeah. >> Agreed.

[57:44] This is Larry. From what I'm hearing, and it makes sense, what's the

[57:48] contingency to make sure the den doesn't become a bedroom?

[57:53] » Well, one of the recommendations that we uh I had discussed with Eric is that we

[57:59] could, for an instance, have the applicant sign an affidavit that they

[58:03] will keep it that way. I am the applicant for Sunny Shores. I'm also the

[58:08] president of Sunny Shores. I'm not the owner of lot 29, but I mean just in to

[58:14] show our good faith in this, they came forward with the three-bedroom and we

[58:18] made the difficult decision to say no, >> we're instead willing to self-p police

[58:24] ourselves because we have 52 owners that we represent and as a board I have a

[58:29] responsibility to all 52 of those. So, while what

[58:35] um you have said is they could turn it into whatever they like,

[58:41] we know when construction is going on out there. It's not like you can hide

[58:45] somebody's got 2x4s out there. Um to be able to turn it into a room. I mean, I

[58:49] think we feel like we do a very good job of of self-p policing. We have a seven

[58:54] member board uh that oversees that. I have three of my other board members

[58:59] with me today and you know things come up and you know as an example and I was

[59:05] sharing this with Eric the other day. We just had a resident that passed away.

[59:09] That resident's unit likely is going to go up for sale and that unit likely is

[59:16] not in terrific shape and may need to be upgraded. So

[59:21] that puts a lot of burden on us as Sunny Shores to have to come forward with a

[59:26] variance when it's really lot X's issue >> to deal with. So you know I think

[59:33] there's ways every unit has to come in to get a permit. Every permit is going

[59:38] to have a plan is going to show the number of bedrooms that are out there.

[59:42] So there is a way already set up to be able to do that. everyone needs a new,

[59:47] you know, foundation footings for their trailer. That is a permitting process.

[59:53] So, we feel like the processes are already in place to do it. The the key

[59:57] piece of this is to make sure that we as a um Sunny Shores stay in septic

[1:00:04] compliance. We have a lot writing on that. So, we sure don't want to put

[1:00:09] ourselves in a position that somebody decides that they want to add change

[1:00:14] their den into a bedroom simply to fake you out. They're faking us out as well

[1:00:19] and they're going to pay the price for that because they're 152nd owner of the

[1:00:24] park as well. So, correct. >> We have a lot of incentive to follow the

[1:00:28] rules, I guess, is my point. >> Right. And I appreciate you realizing

[1:00:32] that and taking the initiative to say negative. we have to watch out for

[1:00:36] everybody and so you know two is what we should have two is what it was there and

[1:00:40] for everybody's s sake and our septic's sake so I appreciate that so yeah I

[1:00:46] agree with our our board members here and Tim going with your suggestion

[1:00:54] » any other questions or comments >> no I understand I understand what he's

[1:00:59] saying there too um >> but I think the way that we're

[1:01:04] discussing It seems the same way. I mean,

[1:01:07] » yeah. Um, there is there is a negative part that somebody would have to come

[1:01:12] for a variance, but um, >> but I think down the road that's part of

[1:01:16] the sunny shores. I mean, no different than most likely one of them would have

[1:01:20] to pay for the permit. If when one person wants to replace their thing,

[1:01:24] they should that's their business, but they could also have their each

[1:01:28] applicant pay for the variance. You know, that's just part of it, not the

[1:01:33] company. The challenge of that though is you know in this case Sunny Shores did

[1:01:37] pay >> for this variance and Sunny Shores did

[1:01:41] pay for Northland to make sure that we had a compliance system in place. So the

[1:01:47] » I meant the number whoever's unit is should have to be that responsibilities

[1:01:52] not >> I I understand that piece but the the

[1:01:54] compliance piece goes along with it. The digital meter was installed for

[1:02:00] » all benefit of all 52 residents and to see if more of that

[1:02:05] » everywhere >> more of that documentation, you know, in

[1:02:09] the future of the use and it may be just fine, but I

[1:02:14] » for sizing on that system um the gallons per day and

[1:02:20] » we would be more than open to share our data on a

[1:02:24] regular basis. >> Absolutely.

[1:02:26] » With the county if that is an a condition that you'd want to put on us.

[1:02:31] Alls we're trying to strive for is to make sure that we have some level of

[1:02:35] flexibility so that we're not coming in for a variance every single time that we

[1:02:39] have a mobile home that needs to be swapped out. And if the only issue is is

[1:02:45] our person cheating on the number of bedrooms,

[1:02:49] we can sure work with them to make sure that we keep that.

[1:02:54] » Okay. Well, >> as part of our permitting process as

[1:02:56] well, because all of our residents do need to get a permit before they can

[1:03:00] even come to the county to get their permit.

[1:03:03] » Okay. Just for clarity, you've replaced four units in the last 10 years and

[1:03:10] you've only come for one variance because you hadn't been caught.

[1:03:14] » Okay. >> So, just to be clear though,

[1:03:17] » the person the person that came forward was never told that we needed to do

[1:03:22] anything with It's not like you've had to have a bunch of variances though.

[1:03:26] Just I'm just putting that for clarity. You've only had to pay for one variance.

[1:03:30] » Yeah. And this again, our issue is not price. It's responsibility of who's who

[1:03:36] who's it on. >> Well, I don't know how my comrades here

[1:03:41] feel, but I'm sticking to where I'm at. >> That's just the way I feel about it. So,

[1:03:48] » this is Larry. Think some of the concern is that again the digital metering and

[1:03:52] stuff is new and I if when the next variance comes up we could again look at

[1:03:57] at that point saying yes this information is all legit and we can

[1:04:02] track it. We could at that point say you no longer need a variance for each

[1:04:06] individual unit. But I think >> can be amended if request amended if

[1:04:11] that is correct. >> But I think to make sure that we get

[1:04:13] this information and and it is where we all think it is. I think it would be

[1:04:18] good to take this one as a one and then look at it the next time.

[1:04:22] » Absolutely. >> Sounds great.

[1:04:42] If there's concern about the the accuracy of the water meter readings and

[1:04:47] the detail that can be provided uh that the daily data is automatically

[1:04:53] collected. So, we're not up to the human error mistakes that have been put in

[1:04:58] place in the past where people promised that they would give you a daily reading

[1:05:02] and and I've been down that road more times than I can count. And so, with

[1:05:07] this particular meter that's in there right now, it hooks up to my laptop.

[1:05:12] It'll give me, I believe, 410 days of accuracy. And so, there's no adjustments

[1:05:20] there. It just is what it is. And so that that information is and will

[1:05:26] continue to be available. So it is the most accurate thing I've ever seen. So

[1:05:30] » that's great. And so they'll always be backed up. So anytime I I think that for

[1:05:35] environmental services, um they would probably just like to see that at the

[1:05:39] end of each season, you know, just submit that to the environmental

[1:05:43] services and just have it in your file. That would just be handy. I would just

[1:05:46] put that on your checklist to do at the end of the season and that way it's

[1:05:50] always in the file and they can always review it. That would just be one less

[1:05:54] thing, you know, one more thing to mark off.

[1:06:04] » Anyone prepared for a motion? I'll make a motion to approve the U

[1:06:09] 29 to be exchanged and and uh not allow the blanket approve and I'll adopt the

[1:06:18] staff's findings. >> Okay.

[1:06:25] and the condition on the compliant life on the existing SSTS

[1:06:32] and have that current compliance inspection report on file.

[1:06:37] Basically, there's the last couple sentences on the staff

[1:06:43] report.

[1:06:49] Only valid for the compliant life of the existing SSTS. The association must

[1:06:53] always have a current compliance inspection report on

[1:06:55] » Yes. I'll add the conditions of the staff's

[1:07:00] report.

[1:07:04] » Do we want to strike the occupancy though because you did express

[1:07:08] » chair >> the challenge of getting that?

[1:07:11] » Yeah. >> Okay, we can do that.

[1:07:27] Okay. All right. Right. So I have a motion by Timothy to approve the

[1:07:31] application for lot number 29 to be replaced

[1:07:39] unit for unit not the blanket perians application and with the conditions

[1:07:45] stated and adopting the staff's findings of facts.

[1:07:52] » Mr. Larry I'll second that >> and a second by Larry. Timothy. How do

[1:07:57] you vote? >> Timothy, I vote I.

[1:07:59] » Ken, how do you vote? >> This is Ken, I vote I.

[1:08:01] » Larry, how do you vote? >> Larry, I vote I.

[1:08:04] » Mike, how do you vote? >> Mike, I vote I.

[1:08:06] » And this is Veronica. I also vote I. The application has been approved. You'll

[1:08:11] receive a decision letter in the mail from the environmental services office

[1:08:15] for the next steps. Okay. Thank you much.

[1:08:28] Next item on the agenda, variance application 48-B-26

[1:08:32] by Mark and Beth Olsen. Lot three, block B, first addition to Pine Haven Beach,

[1:08:39] section 18, Township 140, Range 34, Hubard Township on Long Lake, a

[1:08:44] recreational [clears throat] development lake, parcel 14.38.4500.

[1:08:50] The applicants are requesting a variance from section 702A3 of the shoreland

[1:08:55] management ordinance for proposed replacement and enlargement of a

[1:08:59] non-conforming dwelling located in the shore impact zone. Could you please

[1:09:04] state your name and address for the record?

[1:09:06] » Uh Mark Olsen. Um and I live in Columbus, Nebraska.

[1:09:12] » Okay. And your address, sir?

[1:09:19] and Nebraska. Your address >> or

[1:09:23] » 31. We just moved. >> 316616th

[1:09:26] Avenue. >> Thanks, dear.

[1:09:28] » Perfect. >> Okay.

[1:09:31] » And you can go ahead and state yours, too, please.

[1:09:33] » My name is Beth Olsson. I live at 316616th

[1:09:37] Avenue in Columbus, Nebraska. >> Okay. Thank you.

[1:09:40] » Thanks. >> All right. And one more in the middle

[1:09:42] there. Go for it. >> I'm Barry Mson. I'm the contractor agent

[1:09:45] » and I'm at 20413 Hunter Road >> Park Rapids.

[1:09:49] » Okay. Thank you. And go ahead for your request, please.

[1:09:53] » Um, as you see on the the picture you guys look that the highlighted part,

[1:09:59] that's the old part of the building that uh we looked at last week and we're

[1:10:03] proposing that we take that down uh put new foundation under it and reconstruct

[1:10:09] it right on the right as it is. Right.

[1:10:22] Okay. I'm going to go ahead and open for public comment.

[1:10:28] And just for the record, and seeing none, I'm going to close public comment.

[1:10:33] And do I have any questions or comments from

[1:10:37] the board?

[1:10:40] You're you're not changing any of the living arrangements

[1:10:46] um in what you're doing. >> No.

[1:10:51] » What? >> The way it's laid out currently is is

[1:10:54] the same as the the new plan >> bedroom and then the living room.

[1:10:57] » Yeah. That big room with that little bedroom on the side. Yeah.

[1:11:00] » Um >> it's the same.

[1:11:01] » So why are you doing this then? What's what's driving doing this? the the the

[1:11:08] foundation of the other one has for years from the upper lot that we were

[1:11:12] looking at water had came under. The foundation is corrupted. Uh the floor is

[1:11:17] from all the humidity is rotting. So it's it's up and down. One side is about

[1:11:23] 6 in lower. The side that would be towards that little bedroom is about 6

[1:11:28] in lower. And we knew that when we were working on that back part for in

[1:11:33] whenever it was I don't 2021 22. So the actual foundation on around the outside

[1:11:39] is is decaying or or >> I think a lot of the joist work

[1:11:44] underneath the underneath of it >> just from the humidity that's it's

[1:11:48] exposed to humidity >> just the joist you can't just replace

[1:11:51] the joistices >> or do you have to

[1:11:53] » well the the to eliminate pro well we like the inf flooror heat and um so we

[1:11:59] did the in flooror hydronic heat in that back part so we can use our same boiler

[1:12:03] do hydronic into the to the new part, too. And

[1:12:07] » you're not gonna have a basement at all, then it's gonna be

[1:12:09] » No, but just just a a simple foundation supporting a a slab with heat in it. And

[1:12:15] and we put foam under that, too. But um and then the house just goes up just as

[1:12:19] it is. >> One of the things that [clears throat]

[1:12:22] um sort of drives the constraints on this is the closeness to the lake or at

[1:12:28] least that finger of the lake. Um that wood fence, is that the property line

[1:12:34] that's there? Who who maintains

[1:12:39] then the neighbors property between that fence and the pond?

[1:12:44] » The people across the street that own it.

[1:12:47] » The people across the street that own that little area, that's how they just

[1:12:51] get down to their like they have a little golf cart they drive down there,

[1:12:54] but they mow it. >> They mow it.

[1:12:56] » Uhhuh. Is there any way to um get them to set that into a no mo zone that they

[1:13:03] allow it to grow up such that that runoff cuz all the runoff from your

[1:13:09] house runs right into the lake and there's nothing buffering it at all. Is

[1:13:16] there any way to uh convince your neighbor to just not mow it?

[1:13:21] » Let it grow up and and then it it pre it slows down the runoff. Some of that was

[1:13:27] when it was longer was >> well that's right right at the edge but

[1:13:31] that most of the distance from the fence >> to the shoreline except for a very small

[1:13:36] amount is mowed. It was mowed just like the rest of the

[1:13:40] » Yeah, I saw that there's that trail. Is that the trail they use coming down?

[1:13:43] There's a trail on the end. I [laughter] saw that they had mowed that. Um, but

[1:13:47] you know, we get the runoff which is has been forever and I showed

[1:13:51] you guys that video um of all the water coming down in a big rain event

[1:13:56] » and it it's always come down the hill and so they're trying to diffuse it.

[1:14:02] » That was a problem. Beth and the neighbor tried to

[1:14:04] » four years ago when you when you did that addition.

[1:14:06] » Well, the neighbors that used to be my parents' cabin right next to us that the

[1:14:11] one that was next to that was my parents cabin for years. So, we have a lot of

[1:14:15] pictures, photos, and we we they had it for I don't know 15 years. When they

[1:14:19] redid that cabin, they raised the dirt up a lot, and that's because we had the

[1:14:25] their little shed there used to be level with our shed and down further. So, when

[1:14:30] they came in, they brought a ton of dirt and brought that and raised it a bunch.

[1:14:34] And then we had a river like it washed our grass, it washed everything out.

[1:14:39] Trees washed out. It was terrible. And so we put that flower box backs up just

[1:14:44] because of that. So I don't know when they raised that then the water ran

[1:14:51] gushed down ours and then into the, you know, in front and then down into that

[1:14:56] slooh area. So that presented a big problem. It washed out the back of our

[1:15:02] cabin in the back door. Well, what it's been replaced now, but before it was

[1:15:06] replaced, it washed out all underneath there. And then since then we've had all

[1:15:11] this settling like our like you said our floor is like crooked and um we had it

[1:15:17] was just like bricks or something underneath there really and so it washed

[1:15:20] all that out underneath the deck. It went out and took all that out. We've

[1:15:23] replaced a bunch of trees and and whatnot that they you know that washed

[1:15:27] it ruined them. I mean it ruined our yard. We had to bring in we had to bring

[1:15:30] in grass and >> that's not to point. The point is

[1:15:34] since we're now doing an additional construction

[1:15:38] uh when you're within the shore impact zone, I'm just trying to explore the

[1:15:44] fact is could something be done to increase the buffer

[1:15:49] » Yeah. >> of that water that's coming from

[1:15:51] wherever beside you from your house or up the hill.

[1:15:54] » Is there any way to convince your neighbor to do not mow that and to use

[1:16:00] it as a buffer zone? Maybe I I guess I I could ask them. They

[1:16:05] weren't up here this summer because she's fell and they they weren't up

[1:16:10] there this summer. So, it didn't get mowed very much at all this summer. Um

[1:16:14] because they weren't here and we didn't mow it. I mean, I could certainly ask

[1:16:17] them or we could do something whatever. I mean, you would suggest

[1:16:22] if it would be like a some sort of landscaping.

[1:16:25] » I would encourage you. >> I mean, I I can sure ask like say they

[1:16:29] were not able to come up all summer. So there was very little activity that went

[1:16:34] on over there this year. >> Yeah, it was mowed pretty short when we

[1:16:37] were there the other day. >> Their kids were up there for two weeks

[1:16:41] and so yes, I'm not saying it wasn't mowed. It it certainly could have been,

[1:16:45] but um I know they haven't been here. >> Okay.

[1:16:49] » I mean, I don't know if there's a landscaping thing we could do. We

[1:16:52] definitely would be willing to do that. >> The house is guttered and we can but

[1:16:56] what do you do with it? So we try because it's all going to go that way.

[1:16:59] So, like you say, I bet the only thing that could happen was if we could leave

[1:17:03] that grow up a little bit so so that vegetation would catch the water and

[1:17:07] diffuse it. >> Yeah.

[1:17:10] » Or maybe just on [clears throat] >> your on our property if we'd let it grow

[1:17:14] up >> on the uphill side of the fence. You

[1:17:16] guys could let yours go. >> Sure.

[1:17:18] » Yeah. >> No, that's a great idea. I mean, we're

[1:17:22] [clears throat] we would be willing to do it. I mean, I could ask them, but I

[1:17:25] certainly couldn't guarantee they'd do it. But we could do it.

[1:17:28] » Sure. >> Okay. Any other comments from the board

[1:17:30] members? >> This is Mike. Uh on your elevations and

[1:17:34] floor plans, you don't show any deck going back on.

[1:17:37] » I didn't. And I had uh Eric had said that when we were out there and so we we

[1:17:42] want I was going to take the deck off to do the the foundation and stuff and uh

[1:17:48] Mark was going to rebuild it. And so I was questioning on that uphill side

[1:17:53] where the where the door is if we could build a sidewalk down with a curb and

[1:17:57] try to keep that water from getting to the house and just curb it all the way

[1:18:01] down so we can get it out in the yard. So then we would just build that uh all

[1:18:06] the way out to the front of the deck and support the deck off of it. Keep the

[1:18:09] water from getting where it's currently going under. Get it forward out forward

[1:18:14] to the deck more. And with the grass that's on the lawn, most of the in the

[1:18:17] the planter that uh Beth and the neighbor lady had done, that kind of

[1:18:22] diffuses some of that water anyway, so the grass isn't getting all corrupted

[1:18:26] and washed out and stuff. So, it's the grass is holding it. And so, it is

[1:18:30] holding, but it would be nice to keep it from getting to the house. And so,

[1:18:33] that's why I was suggesting that we could maybe do that. And I I can redraw

[1:18:38] that with the the with that on. >> The deck's not getting any larger, is

[1:18:43] it? >> What's that? The deck's not getting

[1:18:45] » No, no. Huh. It's It would stay the same.

[1:18:48] » It's on the existing [clears throat] footprint.

[1:18:50] » Well, and when we were in because we talked about that with Demi when we were

[1:18:53] in and she said that little notch out that was on that one side. She said,

[1:18:57] "Why? Why'd you do that?" And that was a a previous thing uh that they were told

[1:19:01] they had to do. She said that's not necessary. So, so we'd probably just

[1:19:05] square it >> right

[1:19:06] » over there because that was, you know, that little four or six inch

[1:19:11] » notch in for that last 8 ft. We just square that up.

[1:19:15] » And we'd use the same railing.

[1:19:19] » Okay. Any other questions or comments?

[1:19:26] » Have you done public comment yet? >> Yes, sir.

[1:19:28] » Okay. I I have a couple more questions. you're when we approved the variance

[1:19:34] about four years ago for you to add a storage area to your shed.

[1:19:41] » Um did you replace all the fixtures in the um um shower area?

[1:19:48] » Yeah. >> You put new sink, new shower,

[1:19:52] » new stool, >> etc. There.

[1:19:54] » There was like a lot of m mouse junk in there.

[1:19:58] » You did that. >> And so yeah, we did put in new ones.

[1:20:00] Uhhuh. I mean, it's they're in the same spot if that matters. I don't know. But

[1:20:04] yes, we did because there was >> because what I experienced seemed a

[1:20:07] little different than the drawing that that we had in 2022. I also noticed

[1:20:12] there were bedding in there. >> Uhhuh. There. Well, one of the beds in

[1:20:16] there is from the bedroom [clears throat]

[1:20:18] down in the cabin. We carried it up there and so one's from there. One is

[1:20:22] there. And I mean honestly it maybe is used one week out of every other year. I

[1:20:30] have a son that comes from Tokyo. He lives in Tokyo and when he comes over he

[1:20:35] sleeps up there. Well they sleep up he and his wife sleep up there because of

[1:20:38] the time change. So when they come we use it but otherwise

[1:20:44] we we put our kayaks in there and all that stuff. I know that that's clearly

[1:20:49] in violation of the or the variance we gave you four years ago that that was

[1:20:55] not to be used for any sleeping quarters at all.

[1:21:00] » You're right then. Yep. We probably have violated that maybe since we've had it

[1:21:06] » two weeks. So yeah, I mean you're right. It's still wrong. It's we still

[1:21:10] shouldn't and we don't need to. We really put all our kayaks and all that

[1:21:14] stuff up there. We've started hauling that stuff up there. So that's usually

[1:21:18] what's in there and then we pull it out in the summer.

[1:21:22] » What I saw there was basically a chair, some fishing rods and a bed. I didn't

[1:21:27] really see much use for much for storage.

[1:21:30] » We've hauled stuff up from our cabin furniture and cabinets and stuff up

[1:21:36] there to store if we're able to redo all this. So there is stuff up there.

[1:21:40] There's a computer up there. There's a or a desk. There's a um chair. There's

[1:21:46] two beds. one belongs in the cabin. And so there is that stuff up there now

[1:21:50] because we've moved stuff from the cabin out of the cabin up there.

[1:21:56] So we haven't put away our kayaks and stuff yet. So that all will go in there.

[1:22:01] But you're Yeah, I mean you're correct that is up there, but it is from Well,

[1:22:05] the one bed's down there. Otherwise is from our cabin. But you're correct.

[1:22:09] » Okay. It's in violation of the variance from 2022

[1:22:14] » and we can remove the bed. Okay. >> And the one bed, like I said, will go

[1:22:18] back down into the cabin. >> Yeah. Okay.

[1:22:22] » I'm done. >> Thanks, Ben. Any other questions or

[1:22:25] comments? I I will just put on here that the uh the dwelling is outside of the uh

[1:22:33] shore impact zone from the main body of the Long Lake,

[1:22:37] except for that small bay that we've discussed. Um the septic on the property

[1:22:41] is compliant and located in the rear of the lot. There is a grinder tank by the

[1:22:46] house um that falls under the plumbing code. So

[1:22:51] I think other than that I don't see any issues with the request. The only thing

[1:22:56] that's changing is that roof line and they're just trying to kind of even it

[1:23:00] up.

[1:23:04] So,

[1:23:20] anyone prepared to make a motion?

[1:23:28] This is Larry. I move that we accept variance application 48V26

[1:23:33] and accept staff's findings of facts. >> Okay. I have a motion by Larry to

[1:23:38] approve the application 48-V26 as presented on per site plan and adopt

[1:23:46] the staff's findings of facts. Do I have a second?

[1:23:51] » This is Mike. I'll second >> and a second by Mike.

[1:23:56] Ken, how do you vote? Is it Kim or Ken? >> Ken.

[1:23:59] » It's Ken. I vote I. >> Timothy, how do you vote?

[1:24:02] » Timothy, I vote I. >> Larry, how do you vote?

[1:24:05] » Larry, I vote I. >> Mike, how do you vote?

[1:24:07] » Mike, I vote I. >> And this is Veronica. I also vote I.

[1:24:11] Your application has been approved. You'll be receiving a decision letter

[1:24:16] from the environmental services office. And again, thank you very much.

[1:24:20] » Will that come to our house that or to our cabin?

[1:24:23] » It's Eric. Is it going to be mailed to the E911 property address or going to be

[1:24:29] to their >> I don't get our mail very very much. I

[1:24:32] think I've gotten one piece there. >> There's another address on here that

[1:24:36] also says uh something wrote Park Rapids >> would have buried his address. That's

[1:24:41] what address was given to us. >> Yeah, it's going to go on the one that's

[1:24:45] on the app variance application. >> Yeah. Okay. And then can I just ask can

[1:24:50] like do you have a suggestion of what we should do on that to help with the

[1:24:53] runoff? Like is there some sort of landscaping type thing that we could do

[1:24:56] on our property? >> The fence and the and the thing just

[1:24:59] don't mow it. >> Okay. But

[1:25:01] » just let it grow naturally. >> Okay. In our

[1:25:03] » there's enough good enough soil there and I looked at the vegetation

[1:25:07] » just to let that 5t or 6 feet grow up naturally. Don't mow it. Okay. Uh, and

[1:25:13] if you're getting much coming down from the hill, no mow up as far as you can.

[1:25:18] That'll be the best thing you can do for that part of the lake.

[1:25:22] » So, like all the way up, you're suggesting like, which is fine. All the

[1:25:24] way up. >> As far as it makes sense. I don't

[1:25:26] remember. I didn't look up farther. I looked right along. But just leave it

[1:25:30] grow. >> Okay.

[1:25:31] » Okay. >> So, it's okay if we do it on our side if

[1:25:33] the neighbors don't want to. As long as we do

[1:25:36] » I don't I wouldn't worry about your side of the fence. It's that five or six feet

[1:25:41] that's on that side would be a good buffer to to think. Yes.

[1:25:45] » All right. And if they don't, we should we just go ahead and do it then. Let it

[1:25:49] grow. If they don't want to do that, it's okay if we just let it grow.

[1:25:54] » I mean, I'm fine with >> Well, you can let yours grow, too, if

[1:25:56] you want. Yeah, >> that's fine. I'll ask. And throw

[1:25:59] mattress covers on those mattresses and throw those beds sideways. Okay.

[1:26:02] » Okay. Well, like I said, one of those moved down, so

[1:26:07] » Thank you. >> Yeah. Thank you.

[1:26:08] » Thank you. Thanks. Thanks. [snorts]

[1:26:11] » All right. And so next items, miscellaneous communications.

[1:26:18] » Uh let's see. [clears throat] Relative to the ordinance amendments. I

[1:26:24] brought those to the county board and they were open to the plat process

[1:26:30] change, but they changed their mind on the conditional use process change. So

[1:26:37] they directed me to bring that back to you and that'll be on next month's

[1:26:41] agenda to review the draft which is basically the same other than having the

[1:26:47] cup process modifications and that will need your approval and the

[1:26:54] draft I'll then bring back to the board and we'll see where things go. Um

[1:27:01] so that's one item. The other would be we've got an ordinance amendment

[1:27:05] application uh asking the county to consider

[1:27:10] commercial business use being allowed on recreational development lakes.

[1:27:16] Uh we've got a conditional use permit application amendment request and then I

[1:27:23] think three variances so far and the deadline is next Monday. So we could

[1:27:29] very well get more between now and then but that's what we have. Thus far,

[1:27:35] that's what I've got. >> Okay.

[1:27:41] » This is Veronica. Did you ever put the um subdivisions, the minor subdivisions

[1:27:46] or no, the uh the other subdivisions that we talked about

[1:27:50] on on that uh amendment for them >> for you?

[1:27:55] » The minors. >> Yeah.

[1:27:56] » No, but if you want to >> I mean, I didn't know if you wanted to

[1:28:00] throw that in there while we're doing it. If you want to suggest that, we can

[1:28:03] float the balloon and see. >> I mean, I I am open to it. I mean, like

[1:28:07] I said, Eric carries most of the weight on that anyhow. I mean, all we do is

[1:28:12] » rubber. >> Exactly. So, [clears throat]

[1:28:15] » so I think that's a great idea if you're open to it. I'm open to it.

[1:28:20] » Yeah. It doesn't matter to me. >> So, I think so. Yeah. Agreed. that would

[1:28:25] be added next month on the discussion on the whole proposal.

[1:28:30] » If you want to add that, you can. >> Yeah, I mean it's be done at the same

[1:28:36] time. That's the [clears throat] only reason I was suggesting throwing it on

[1:28:38] there. >> The planning commission can always

[1:28:40] suggest ordinance amendments to the board. So if it comes from the

[1:28:45] commission then I can say during conversation that came up and

[1:28:51] » right >> was an additional

[1:28:53] » item that was proposed. >> Yeah.

[1:28:57] » Okay. All right. Are we ready to adjurnn?

[1:29:01] » Okay.

[1:29:04] » This is Larry. I move we adjurnn. >> Okay. Motion by Larry to adjurnn.

[1:29:09] » Ken I'll second it. >> Second by Carrie. Ken. Larry. Caddyy

[1:29:12] vote. >> Miss Larry, I vote I.

[1:29:14] » Ken Hetty vote. >> I vote I.

[1:29:17] » Timothy vote. >> Tim votes I.

[1:29:19] » Mike. Caddyy vote. >> Mega vote I.

[1:29:21] » And myself. I vote I. Meeting ajourned.

[1:29:27] Get it.

Planning Commission / Board of Adjustment - 24 Aug 2026

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