1
00:00:00,000 --> 00:00:03,679
Ready?
>> Yes.

2
00:00:02,240 --> 00:00:08,000
» All right. Good evening and welcome to
the Morrison County Board of Adjustment

3
00:00:05,600 --> 00:00:13,440
uh public hearing for uh today's date,
September 1st, 2026. Uh please stand and

4
00:00:10,880 --> 00:00:18,240
join me in the pledge of allegiance.
>> I pledge allegiance to the flag of the

5
00:00:16,000 --> 00:00:23,760
United States of America and to the
republic for which it stands, one nation

6
00:00:21,039 --> 00:00:27,320
under God, indivisible, with liberty and
justice for all.

7
00:00:27,510 --> 00:00:29,530
[clears throat]

8
00:00:29,840 --> 00:00:35,360
All right, I have a few items to cover
before we get started. Please sign in at

9
00:00:33,200 --> 00:00:40,000
the door if you've not already done so.
Uh there you'll find a detailed handout

10
00:00:37,440 --> 00:00:44,239
of a step-by-step procedure that we're
going to be following tonight. If you

11
00:00:41,520 --> 00:00:47,840
wish to take one, please do. Uh putting
electronic devices in a silent mode at

12
00:00:46,399 --> 00:00:51,120
this time. Also, please note that all
testimony is being recorded for the

13
00:00:49,760 --> 00:00:55,039
record.
Members of the board of adjustment are

14
00:00:52,640 --> 00:00:59,520
appointed by the uh county board of
commissioners with one member from each

15
00:00:56,960 --> 00:01:04,720
of the five commissioner districts. Land
services staff is here to assist the

16
00:01:01,440 --> 00:01:08,880
board of adjustments with its duties. Uh
the task of the board of adjustment is

17
00:01:06,240 --> 00:01:13,760
to consider a request for variances and
appeals from an order requirement or a

18
00:01:11,920 --> 00:01:17,840
decision made by a county zoning
official in accordance with state law

19
00:01:15,760 --> 00:01:22,799
and county ordinance. Each request is
considered on its own merit. The burden

20
00:01:20,560 --> 00:01:27,520
of proving a practical difficulty rests
with the applicant. If a variance is

21
00:01:25,040 --> 00:01:32,159
granted, it's granted to the land, not
the land owner. There's a pro protocol

22
00:01:30,400 --> 00:01:36,880
for how we will proceed tonight for each
variance request. Uh on the agenda,

23
00:01:34,240 --> 00:01:41,040
we'll hear a staff report. Uh we'll hear
testimony from the applicants and then

24
00:01:38,799 --> 00:01:45,360
the board will discuss and gather more
information as needed. Next, I'll ask if

25
00:01:43,759 --> 00:01:50,320
there's anyone from the audience wishing
to speak to the request. I'll ask each

26
00:01:47,280 --> 00:01:55,360
party to come to the podium right over
there uh state their name for the record

27
00:01:53,360 --> 00:02:00,320
uh and give their testimony. Please be
as factual as possible and direct all

28
00:01:57,439 --> 00:02:04,479
statements and questions to me. Uh after
all testimony is complete, I will close

29
00:02:02,399 --> 00:02:08,879
the public hearing portion of the
process. Uh the board will then review

30
00:02:07,200 --> 00:02:12,720
and discuss the case in terms of our
findings of fact criteria as required by

31
00:02:10,959 --> 00:02:17,360
Minnesota statute and county ordinance.
will have a series of votes, discuss

32
00:02:15,360 --> 00:02:22,480
whether conditions be made, and have a
final motion to approve or deny the

33
00:02:19,760 --> 00:02:28,879
request based on those findings. After
the final vote on your request, uh you

34
00:02:25,520 --> 00:02:34,959
can leave if you wish.
Uh our first

35
00:02:31,200 --> 00:02:40,560
um agenda item tonight is Rainbow Acres
Dairy LLC. if uh those representing will

36
00:02:38,400 --> 00:02:43,760
come to the front table here and then
just state your name and address for the

37
00:02:42,400 --> 00:02:50,000
record. Make sure the microphone is
working and we'll move on.

38
00:02:48,640 --> 00:02:54,000
» Dave Vanal,
>> you say address too.

39
00:02:51,040 --> 00:03:00,560
» Address 153 145th Street Swindle.
>> Right. Thank you, Dave.

40
00:02:57,360 --> 00:03:04,239
Um with that, Amy, do you have a staff
report for us?

41
00:03:01,680 --> 00:03:09,519
» I do, Mr. Chair. This request is to
encroach on the road right ofway with an

42
00:03:07,040 --> 00:03:14,720
expanded animal holding area. The
ordinance section is section 128 and

43
00:03:12,239 --> 00:03:23,000
that requires a 200 ft setback from the
road right of way. Here's an aerial

44
00:03:17,920 --> 00:03:23,000
photograph of the uh property.

45
00:03:25,760 --> 00:03:30,040
And then here is a site sketch.

46
00:03:33,440 --> 00:03:40,519
Here [snorts] are some photos taken at
the site viewing on the 28th of August.

47
00:03:46,720 --> 00:03:53,840
This property is a registered tier one
dairy feed lot. The applicant recently

48
00:03:51,840 --> 00:03:57,760
combined the property with the parcel to
the south. However, it has not been

49
00:03:55,840 --> 00:04:03,120
updated in the maps yet. So, that's why
you see the two parcels. A variance was

50
00:04:00,560 --> 00:04:10,319
granted to the property in 2014 to place
a 68x 125 total confinement barn 45 ft

51
00:04:07,920 --> 00:04:17,120
from the road right ofway. The applicant
proposes a 68x 120 foot addition to the

52
00:04:14,239 --> 00:04:22,960
south end and a 68x76
addition to the north end of the 2014

53
00:04:20,160 --> 00:04:27,520
barn. Since the original barn encroaches
on the north and south property lines

54
00:04:25,600 --> 00:04:33,199
and these additions won't further
encroach on those setbacks. Per

55
00:04:29,919 --> 00:04:37,120
ordinance section 1282, a variance is
not needed for those encroachments. A

56
00:04:35,840 --> 00:04:41,919
variance is required for the
encroachment on the setback from the

57
00:04:38,720 --> 00:04:46,479
road right ofway and the barn is 45 ft
from the right ofway. The surrounding

58
00:04:44,080 --> 00:04:51,919
area consists of feed lots, agricultural
fields, and rural residences.

59
00:04:49,040 --> 00:04:56,479
And here's just a more detailed drawing
as far as um that existing

60
00:04:54,000 --> 00:05:01,440
non-conforming barn that essentially
sets those north and south setback

61
00:04:58,800 --> 00:05:05,960
limits. and then the barn that was
approved by variance in 2014.

62
00:05:06,400 --> 00:05:13,680
And then here are criteria questions,
Mr. Chair. All right. Thank you, Amy.

63
00:05:10,479 --> 00:05:20,240
And just for the record, on
Friday,

64
00:05:15,360 --> 00:05:25,440
uh, August 28th, 26 about 1:00. Most of
us were there. Greg was there. Marv was

65
00:05:22,880 --> 00:05:28,080
there. I was there. And George was
there. Clint, I believe, was there the

66
00:05:27,120 --> 00:05:32,240
day earlier?
>> Thursday. Yep. About 9:00, 9:15,

67
00:05:31,199 --> 00:05:35,520
somewhere in there.
>> 9:30.

68
00:05:33,520 --> 00:05:39,840
» All right. So, Dave, the entire board
got to view what you had out there.

69
00:05:37,680 --> 00:05:43,120
You've heard the staff report. Uh, is
what Amy presented here accurate?

70
00:05:42,560 --> 00:05:47,280
» Yes.
>> And this is your opportunity to add any

71
00:05:45,840 --> 00:05:51,280
information that you think the board
should hear or know about your operation

72
00:05:49,680 --> 00:05:56,720
or your plans or what you're doing out
there. So, uh, feel free to enlighten us

73
00:05:53,840 --> 00:06:00,320
on anything you want.
Well, we've had a very successful

74
00:05:58,320 --> 00:06:07,199
operation out there the way we have it.
And um we need some more room as we're

75
00:06:03,840 --> 00:06:12,880
milking more cows now. And um in my
mind, it will not affect the uh

76
00:06:10,319 --> 00:06:17,440
visibility in terms of the highway. Uh
we have that row of trees in there plus

77
00:06:14,720 --> 00:06:21,440
some small pines. We had pines the first
time, but they didn't take very good, so

78
00:06:18,960 --> 00:06:26,080
we put some more in a couple years ago.
Uh we try to keep it as neat as we can.

79
00:06:24,240 --> 00:06:32,000
And um
I I think it'll be just a fine operation

80
00:06:29,759 --> 00:06:35,680
when we get this completed.
>> All right. Anything else?

81
00:06:34,400 --> 00:06:39,600
» All right. The board might have some
questions for it. So I'm going to turn

82
00:06:36,880 --> 00:06:42,840
it over to the board. Um questions of
the board.

83
00:06:43,520 --> 00:06:50,560
» Mr. Chairman,
>> George. So this question is for Amy. So

84
00:06:47,280 --> 00:06:55,039
Amy, what what parcels were uh put
together there? Was it the one to the

85
00:06:53,199 --> 00:07:00,120
south or? [snorts]
>> Yes. Let me get back to the slide here.

86
00:07:02,479 --> 00:07:11,919
So, it was this one and this one were
combined. So, essentially this property

87
00:07:08,000 --> 00:07:18,240
line goes away then. Uh but uh then
there is other acreage that's contiguous

88
00:07:14,080 --> 00:07:21,520
to this to make up the contiguous 20.
>> Okay. And that I guess that's where I

89
00:07:19,840 --> 00:07:27,280
was going with it. That south property
line does disappear then.

90
00:07:24,160 --> 00:07:30,000
» This this south one does not.
>> But that doesn't meet that one either on

91
00:07:29,199 --> 00:07:36,160
the south.
>> Yes, it does. But this this one goes

92
00:07:32,720 --> 00:07:41,199
away. But we're looking at um this
encroachment here. This barn would need

93
00:07:38,800 --> 00:07:44,800
to be this is as far as that one can
encroach without needing a variance.

94
00:07:43,680 --> 00:07:49,199
» Okay. Gotcha.
>> And it's not going that far. So

95
00:07:46,639 --> 00:07:55,039
» Okay. Okay. And then Dave, have you
talked with the state or Mandat or No,

96
00:07:53,360 --> 00:07:59,199
» but they were I'm I'm assuming they were
okay with the last variance.

97
00:07:56,639 --> 00:08:01,520
» Yeah, the water all goes that way.
>> Water goes south.

98
00:08:00,879 --> 00:08:04,000
» Okay,
>> Mr. Chair,

99
00:08:03,039 --> 00:08:08,080
» go ahead, Amy.
>> Um, Mindot was invited to the

100
00:08:06,160 --> 00:08:14,160
development review team meeting and they
did receive the packet as well. And so

101
00:08:11,520 --> 00:08:19,360
generally mindot
doesn't get real concerned. Um as long

102
00:08:17,360 --> 00:08:24,879
as you're not in their right of way,
they generally don't have comment. Uh

103
00:08:22,400 --> 00:08:29,280
and so they've been notified of this
request. Um and we have not received any

104
00:08:27,199 --> 00:08:33,360
comment.
>> Okay. Thanks. That answers my questions.

105
00:08:32,000 --> 00:08:34,959
» All right. Thank you. Other board
members,

106
00:08:33,839 --> 00:08:38,159
» Mr. Chair
>> Marvin.

107
00:08:35,760 --> 00:08:42,240
» Uh, so there was brought up about uh
storm water plan and you had mentioned

108
00:08:40,880 --> 00:08:48,640
about the water flowing towards the
ditches and um I noticed in a dirt

109
00:08:45,680 --> 00:08:54,240
meeting here Shana made a comment about
she'd like to see the water uh not just

110
00:08:51,600 --> 00:09:01,519
for going towards the ditches. With that
being said, I'm uh proposing that we um

111
00:08:58,160 --> 00:09:12,760
have as a condition a storm water plan
submitted to u either soil or uh water

112
00:09:06,800 --> 00:09:12,760
to that with uh their approval of it.

113
00:09:15,360 --> 00:09:23,600
» Okay. So your recommendation is to have
a storm water plan submitted

114
00:09:20,480 --> 00:09:26,600
» and approved by the uh soil and water.
>> Okay.

115
00:09:27,120 --> 00:09:33,680
» And I think you understand that you know
because you you uh obviously there's a

116
00:09:31,680 --> 00:09:37,360
lot of roof in that soil will probably
handle it and it does look like it is

117
00:09:35,440 --> 00:09:42,560
flowing towards the ditch but when you
add more roof there's a lot of imperous

118
00:09:39,760 --> 00:09:50,240
surface for that area and you know we
get a major rainfall. uh so it uh would

119
00:09:46,399 --> 00:09:52,480
be diverted in a proper way. So thank
you.

120
00:09:50,880 --> 00:09:54,320
» Thank you Marvin. Any other board
members?

121
00:09:53,040 --> 00:10:00,399
» Mr. Chair
>> Clint. Okay. Um

122
00:09:57,680 --> 00:10:04,160
then uh Dave the basically the fields
all to the west. That's irrigated.

123
00:10:02,240 --> 00:10:09,200
Correct.
>> Yes. Most of it.

124
00:10:05,120 --> 00:10:12,880
» Most of it. Yeah. Okay. And then um I
noticed that on site it's pretty clean

125
00:10:10,800 --> 00:10:16,320
around there, you know. Um, don't look
like you store a lot of feed or bedding

126
00:10:14,480 --> 00:10:20,000
or anything there. Is that stuff all
like hauled in as needed or maybe just a

127
00:10:18,560 --> 00:10:22,800
little bit on hand? Maybe you can
explain that a little bit.

128
00:10:21,279 --> 00:10:27,519
» Uh, the bedding is hauled in as we
needed and goes in the barn. Uh, we do

129
00:10:25,440 --> 00:10:30,000
have a little bit of dry manure stacked
on the back side of the longer barn.

130
00:10:29,519 --> 00:10:35,680
» Yep.
>> On cement pads. Um, sometimes gets a

131
00:10:34,240 --> 00:10:38,240
little messy, but we try to keep it
clean.

132
00:10:36,079 --> 00:10:42,480
» Yep.
We usually take that manure out of there

133
00:10:39,839 --> 00:10:43,760
about once four or five weeks and haul
it out.

134
00:10:43,360 --> 00:10:47,920
» Okay.
>> It's dry. It's kind of dry manure

135
00:10:45,279 --> 00:10:51,040
because it's calf, mostly strong.
>> So then your feed kind of just gets

136
00:10:49,680 --> 00:10:54,480
hauled in.
>> Okay. The feed is mostly milk of course.

137
00:10:54,079 --> 00:10:58,640
Y
>> and then um

138
00:10:56,079 --> 00:11:03,600
» a shell pellet mix, shell corn pellet
mix that goes in a tank and then we use

139
00:11:01,760 --> 00:11:06,480
a little bit of dry hay and that's also
stored inside. Okay. basically no feed

140
00:11:05,920 --> 00:11:11,440
outside.
>> Yep. Okay. So, kind of what where I'm

141
00:11:09,120 --> 00:11:16,240
going with it is part of the thing that
um we look at, you know, we got that 200

142
00:11:13,120 --> 00:11:21,279
foot set back. You got a variance um
already, you know, in 2014 for what's

143
00:11:19,279 --> 00:11:26,240
there now.
Um you know, now you're 45 ft from Road

144
00:11:24,160 --> 00:11:29,920
Rightway. Part of the reason we want
them back a little farther is, you know,

145
00:11:27,920 --> 00:11:33,360
people start putting a lot of things in
between the buildings and the road right

146
00:11:31,519 --> 00:11:36,560
away and things like that. And that's
where I was going with um your stored

147
00:11:35,200 --> 00:11:41,680
feed and stuff. There's never nothing
there. So um I know this case by case,

148
00:11:39,600 --> 00:11:46,720
but so I don't think that's And then
looking at the map, you know, uh

149
00:11:43,920 --> 00:11:51,760
Department of Transportation didn't say
anything good or bad about this. So we

150
00:11:49,440 --> 00:11:56,079
assume that um they're fine with it. I
would say if you were down closer to the

151
00:11:53,920 --> 00:12:01,040
curve, it'd be a little bit different
even in my thinking because then when

152
00:11:59,200 --> 00:12:06,240
you got to redo a road or something on a
curve, then it's getting a little tight.

153
00:12:02,959 --> 00:12:10,160
I think where this is situated, um, if
the road was to be rebuilt, I don't

154
00:12:08,639 --> 00:12:14,560
believe that they'd go past what their
road right away is. So, um, but if we

155
00:12:12,720 --> 00:12:18,639
were creaturing down towards the south
to that curve, it'd probably be a little

156
00:12:16,399 --> 00:12:22,000
different situation. So, um, that's why
I asked about the feed and bedding

157
00:12:20,000 --> 00:12:26,720
stored on site. I didn't see any didn't
see any remnants of it. Um I figured

158
00:12:24,480 --> 00:12:30,560
that's how the operation is in proximity
to the home farm that things are just

159
00:12:28,560 --> 00:12:35,279
hauled back and forth. So and then
everything's pretty uh everything here

160
00:12:32,399 --> 00:12:38,639
is 100% confined. The only manure that
would ever leave the confinement would

161
00:12:36,800 --> 00:12:44,720
be anything that's stacked on that slab
for a little bit. Yeah, we do um in the

162
00:12:41,920 --> 00:12:52,160
winter time we do put a row of round
bales or two on the south west corner of

163
00:12:49,279 --> 00:12:57,519
Long Barn to uh give us a windbreak for
the hutches that are out there.

164
00:12:53,360 --> 00:13:00,399
» Okay. Y Okay. So now if this expansion
goes through then is there going to

165
00:12:58,800 --> 00:13:02,880
still be a need for hutches on this
property or

166
00:13:01,519 --> 00:13:04,480
» there'll still be a few hutches?
>> Yeah. Not as many. Yeah.

167
00:13:04,000 --> 00:13:07,600
» Okay.
>> They might be there but there won't be

168
00:13:05,680 --> 00:13:11,120
as many cabs in it. They'll they'll stay
in the same pro spot they are now. Yes.

169
00:13:10,000 --> 00:13:15,839
» Okay.
>> So, they'll probably be used less. A

170
00:13:13,519 --> 00:13:19,360
» little less, but as we melt more cows,
they might be full as well.

171
00:13:17,040 --> 00:13:24,639
» Okay. All right.
>> Our nursery and the original barn is uh

172
00:13:22,959 --> 00:13:30,880
too tight. We're going to move part of
that in farther to the south. And um our

173
00:13:28,934 --> 00:13:37,360
[clears throat] uh waiting facility is
too small. And so uh because

174
00:13:34,959 --> 00:13:42,480
and then when we take
our milk pens which they're automatic

175
00:13:39,360 --> 00:13:45,680
feeders or actually this north part of
the addition will be for baby baby cats.

176
00:13:44,720 --> 00:13:47,680
» Y
>> okay

177
00:13:46,240 --> 00:13:52,800
» south end will be wean kids.
>> Okay. So basically this request will be

178
00:13:51,120 --> 00:13:55,600
all 100% confinement.
>> Yep.

179
00:13:53,440 --> 00:13:59,519
» And then where you have the hutches now
>> y

180
00:13:57,199 --> 00:14:03,839
» that's probably not going to expand at
all or much ever because now you don't

181
00:14:02,320 --> 00:14:07,680
have the room either. So
>> okay. So, just just wanted to be clear

182
00:14:05,760 --> 00:14:11,680
on that because on how we're looking at
this um we're kind of looking at

183
00:14:09,920 --> 00:14:16,720
nothing's going to really change from
the open animals,

184
00:14:15,040 --> 00:14:19,279
but uh here what we're looking at for
the new proposal is all confined.

185
00:14:18,880 --> 00:14:23,199
» Yes.
>> Okay. I think that's all I have for

186
00:14:22,079 --> 00:14:25,920
right now, Mr. Chair.
>> All right. Thank you, Clint. Any other

187
00:14:24,639 --> 00:14:27,519
board members questions?
>> Yes, Mr. Chair.

188
00:14:26,880 --> 00:14:31,600
» Greg, go ahead.
>> Uh being your shed is getting bigger

189
00:14:29,279 --> 00:14:34,399
like in the wintertime going to the
north there, you're going to have a lot

190
00:14:32,639 --> 00:14:39,440
of storage for snow. What about to the
south? You going to have enough room for

191
00:14:37,839 --> 00:14:42,880
» We got you got a bad snow pile.
>> We got plenty of room for the south. The

192
00:14:40,880 --> 00:14:46,639
north is is going to be the tight part.
>> Okay.

193
00:14:43,839 --> 00:14:48,560
» Yeah, we would pile it closer to the
highway.

194
00:14:47,600 --> 00:14:52,240
» Okay. Just
>> there is still enough room along side of

195
00:14:50,800 --> 00:14:54,399
the building. We got a little road
there. Plus, there's a lot of grass

196
00:14:53,680 --> 00:15:00,120
area.
>> Okay. Just wondering sometimes in winter

197
00:14:56,079 --> 00:15:00,120
time it gets to be a tight thing.

198
00:15:00,320 --> 00:15:06,399
» Any other comments, questions of the
board?

199
00:15:03,519 --> 00:15:10,480
If not, I have just maybe one. Dave, uh
we're talking about the encroachment

200
00:15:08,240 --> 00:15:18,399
here on the road rightway. And
sometimes, um in the past, we've had uh

201
00:15:14,959 --> 00:15:24,240
concerns about the parking of vehicles
or farm implement equipment along that

202
00:15:21,760 --> 00:15:27,760
stretch. I would assume, and correct me
if I'm wrong, that that's not your

203
00:15:25,839 --> 00:15:32,720
intent to have parking out there close
to the road as these buildings occupy

204
00:15:30,480 --> 00:15:38,480
more of that space.
Um we we still have some room in front.

205
00:15:35,680 --> 00:15:42,480
We usually have about three cars there
at a time. We have to come in there with

206
00:15:40,800 --> 00:15:46,800
a cattle trailer to load calves out of
there and bring calves in daily. Plus,

207
00:15:44,639 --> 00:15:50,240
we have to bring a tank of milk over
there to pasteurize

208
00:15:48,160 --> 00:15:57,519
» on that. Yeah. On that east side now,
we're talking uh just 45 ft. And

209
00:15:54,240 --> 00:16:01,519
» some of that is taken up by the u by by
the the trees and you've got your

210
00:16:00,160 --> 00:16:05,360
roadway in there, but it's not your
intent to have anything parked

211
00:16:03,120 --> 00:16:09,519
permanently along there.
>> There is a road right there and then

212
00:16:07,120 --> 00:16:11,920
there's some grass and then the trees
start. Yeah, we weren't planning on

213
00:16:11,120 --> 00:16:16,000
that.
>> All right. Are you opposed to a

214
00:16:13,759 --> 00:16:22,160
condition being that uh we write in
there that uh there won't be any parking

215
00:16:18,800 --> 00:16:25,759
of implements or farm equipment in the
>> in that encroached area?

216
00:16:23,839 --> 00:16:30,800
» Yep. When we bring straw over to the
farm to the calf facility, we park

217
00:16:28,406 --> 00:16:34,560
[clears throat] a trailer on the south
side. It might sit there a day or two,

218
00:16:33,120 --> 00:16:38,480
but they'll load it right away and then
we come back. Nothing along that side.

219
00:16:36,480 --> 00:16:42,079
» Yeah. Sometimes we've had a few of these
that are just like this and that's one

220
00:16:40,320 --> 00:16:45,680
of the conditions that sometimes we
recommend and

221
00:16:44,399 --> 00:16:50,759
» All right. If you're not opposed to
that, I'd re I'd recommend that as well.

222
00:16:47,759 --> 00:16:50,759
» Okay.

223
00:16:51,920 --> 00:17:00,120
» Any other questions of the board?
Otherwise, I'm going to move this to um

224
00:16:56,560 --> 00:17:00,120
uh public comment.

225
00:17:01,600 --> 00:17:05,600
» Okay. I haven't called I haven't called
public comment yet, but I'm going to

226
00:17:04,400 --> 00:17:09,439
here shortly. I was just asking the
board if they had any more questions.

227
00:17:07,919 --> 00:17:12,959
All right, no other questions from the
board. I'll move it to public comment.

228
00:17:11,280 --> 00:17:17,360
If you have any public comment that you
wish, please go to that podium over

229
00:17:15,199 --> 00:17:21,199
there. Microphone should be on. Go ahead
and state your name and address for the

230
00:17:19,199 --> 00:17:27,280
record so we know who's representing.
>> Good evening. My name is Jill Schultz.

231
00:17:24,000 --> 00:17:34,799
My husband Charlie and I own the land
north and

232
00:17:29,840 --> 00:17:40,640
west of of this. And um we rent our
land, our field land to Dave, which is

233
00:17:37,120 --> 00:17:47,360
fine. Um but we have a few questions. Um
you said the north side is already got a

234
00:17:44,480 --> 00:17:55,440
variance or something, so we have no
say. Um you know, and if if someday we

235
00:17:52,240 --> 00:18:01,440
decide to put our own fields in or sell
if we want

236
00:17:57,840 --> 00:18:07,679
to be able to use all that land. Um,
right now we can barely get a tractor

237
00:18:03,360 --> 00:18:14,160
around that north side
and uh to have more

238
00:18:12,400 --> 00:18:21,039
building there I think is going to
really take up more room around with

239
00:18:17,120 --> 00:18:27,360
things, tractors, cleaning machinery.
So, I do have some concerns

240
00:18:23,679 --> 00:18:33,919
to the north and to the to the west that
there isn't maybe not quite enough room

241
00:18:29,840 --> 00:18:38,752
for all of this farming to go on in that
smallest space.

242
00:18:36,000 --> 00:18:41,840
Um, I I don't want to be a dick at all.
[laughter]

243
00:18:39,440 --> 00:18:47,360
I want to be a great great neighbor, but
I want to be able to use my field as

244
00:18:44,799 --> 00:18:55,200
necessary someday. if I want to sell it,
I want to be able to have them use all

245
00:18:51,520 --> 00:18:59,600
of that. And uh I I guess I didn't
realize that we had no say in the north

246
00:18:57,440 --> 00:19:04,400
end whatsoever, even though it's getting
quite close to our land.

247
00:19:02,160 --> 00:19:09,039
They can't even It's very hard to get a
tractor on the north side of the

248
00:19:05,679 --> 00:19:16,039
building the way it is now. So,
I have some concerns with that.

249
00:19:12,000 --> 00:19:16,039
» All right. Thank you, Joe.

250
00:19:17,120 --> 00:19:24,400
Yeah, the letter was misleading because
we had no idea that the variance was

251
00:19:21,440 --> 00:19:28,400
already in place on the north end
encroaching on

252
00:19:26,160 --> 00:19:31,120
» Yeah. And it is encroaching on our
lines. I think it's

253
00:19:29,679 --> 00:19:35,679
» says it's already been approved.
>> Yeah. And I guess in 2014,

254
00:19:33,679 --> 00:19:39,280
» we'll address some of those uh concerns
as we move forward, but we appreciate

255
00:19:37,280 --> 00:19:43,200
your comment, Jill. Thank you.
>> Uh I made a request for public comment

256
00:19:41,440 --> 00:19:46,960
once. I'll make a request for public
comment the second time. If anyone has

257
00:19:44,960 --> 00:19:52,960
any comment, please step to the podium
and

258
00:19:49,600 --> 00:19:57,840
let us know.
I'll make one final call for public

259
00:19:55,520 --> 00:20:02,320
comment. The third and final call. Any
public comment.

260
00:20:00,160 --> 00:20:04,160
Having none, I'll uh entertain a motion
to close the public portion of the

261
00:20:03,760 --> 00:20:08,000
meeting.
>> Mr. Chair, I make a motion to close this

262
00:20:06,240 --> 00:20:10,720
portion of the meeting to the public.
>> Okay.

263
00:20:08,559 --> 00:20:14,160
» I'll second it, Mr. Chairman. A motion
made by Clint, seconded by George to

264
00:20:12,640 --> 00:20:16,400
close the meeting. All in favor,
starting with Greg.

265
00:20:15,120 --> 00:20:18,799
» I Marv
>> I.

266
00:20:16,960 --> 00:20:20,880
» Clint I.
>> myself is I and George.

267
00:20:20,320 --> 00:20:24,799
» Hi.
>> All right. The public portion of the

268
00:20:22,960 --> 00:20:30,640
meeting is now closed. Now we'll circle
back and answer some of the questions

269
00:20:26,320 --> 00:20:35,360
there. Um I'll direct maybe first to you
Dave if you'll address that. You heard

270
00:20:32,240 --> 00:20:39,919
the concerns of Jill regarding the
>> the compactness on that north and west

271
00:20:37,840 --> 00:20:44,400
side. So, we'd like to hear from you
first.

272
00:20:40,799 --> 00:20:48,320
» Yeah. Uh the north side, you can see the
light ground on the other side of the

273
00:20:46,000 --> 00:20:54,400
blue line to the north of Blue Line.
That is on their land. And of course, we

274
00:20:51,360 --> 00:20:59,520
rent it and we do go through there. Uh
basically, because we have not um we

275
00:20:57,520 --> 00:21:04,240
have not added on to that barn at all.
That's the way it was. Okay. that the

276
00:21:02,320 --> 00:21:09,840
the barn on the west has never been
touched other than we covered up a

277
00:21:07,200 --> 00:21:13,320
little bit of an area.
>> We never had

278
00:21:14,000 --> 00:21:19,360
north side.
>> That was all there, right? We just

279
00:21:18,000 --> 00:21:24,640
covered the room.
>> We put that we covered it up.

280
00:21:21,600 --> 00:21:30,400
» Yeah, that was all there. And so again,
it goes back to the size of the lot from

281
00:21:28,000 --> 00:21:34,080
pre971.
Uh the chicken barn. It was a layer

282
00:21:32,240 --> 00:21:36,720
barn. Started out as a
>> It was a pullet barn.

283
00:21:35,120 --> 00:21:44,000
» Pullet barn. Then they made a layer
barn. Yeah. And um on the back side it

284
00:21:42,080 --> 00:21:50,880
was a mess for quite a few years after
we got over there and we poured some

285
00:21:46,559 --> 00:21:54,400
cement to u to put the um straw pack on
there. And we could pour some more as

286
00:21:53,280 --> 00:22:01,679
well.
Um, we do uh that grass that's there,

287
00:21:58,640 --> 00:22:05,760
Charlie and Jill. Is that some of that's
on your land and some's on ours?

288
00:22:03,200 --> 00:22:10,240
» Well, the line is pretty much on the
gravel

289
00:22:08,159 --> 00:22:13,280
» line is on the gravel.
>> Dave

290
00:22:11,200 --> 00:22:16,240
» Dave, if you have something, just state
it to us. We don't want to have a

291
00:22:14,720 --> 00:22:21,200
conversation between you and the
audience. So,

292
00:22:16,960 --> 00:22:25,520
» okay, that's fine. Yep. So, so, um, we
had a mess there right after we got into

293
00:22:23,760 --> 00:22:31,120
this facility. It was muddy back there
and just a mess. So, we poured some

294
00:22:29,039 --> 00:22:36,799
cement in there and then built a
driveway along there. And we think

295
00:22:34,000 --> 00:22:41,840
that's probably on the line. And then
there's grass after that. Uh, it's on

296
00:22:39,760 --> 00:22:49,600
Charlie and Jill's land. We seated grass
in there. And um it's uh a lot better

297
00:22:46,559 --> 00:22:55,120
than what it was. Um it does get a
little bit we probably could do a little

298
00:22:52,000 --> 00:22:59,679
better about cleaning it more often. Um
we usually haul they take the manure out

299
00:22:58,240 --> 00:23:04,240
of there with a skid loader, put it on
this cement and then about once every

300
00:23:02,400 --> 00:23:09,200
five, six weeks we go there with semls
and haul it out of there.

301
00:23:06,799 --> 00:23:15,120
And yeah, it's tight. We're we're
encroaching on their land uh pretty much

302
00:23:12,559 --> 00:23:21,360
to go around that side. We won't be
encroaching any more than what we are

303
00:23:16,640 --> 00:23:25,200
right now. Um same way on the west side.
>> Yep.

304
00:23:24,000 --> 00:23:32,080
» Okay. Thank you, Dave.
>> The go one more. Go ahead. The new barn

305
00:23:28,960 --> 00:23:37,120
will not affect anything that goes on
behind

306
00:23:33,600 --> 00:23:41,840
behind there uh to the west and it
should not affect anything

307
00:23:39,760 --> 00:23:47,760
more trips around the barn on the north
side either. But but we do go on Charlie

308
00:23:44,400 --> 00:23:55,039
and Jill's land. I do rent it, but her
concern is later on. I understand.

309
00:23:51,600 --> 00:24:01,760
» Okay. Thank you. Um Amy, maybe just uh
could you for the enlightenment of the

310
00:23:57,760 --> 00:24:05,760
the public comment here um what we're
addressing on the new structure as

311
00:24:03,840 --> 00:24:11,600
opposed to what's already been there.
>> Yep. Yep. Happy to break that down. And

312
00:24:08,640 --> 00:24:16,880
I own that mistake that was uh in the
letter. So I had it in my head that we

313
00:24:14,240 --> 00:24:22,960
were doing um an encroachment on the
property line as well. Um but because of

314
00:24:19,840 --> 00:24:30,080
that original barn, there's a right
there that um they have. So we have an

315
00:24:27,039 --> 00:24:37,120
original barn running north and south
and it's a tier one registered tier one

316
00:24:33,120 --> 00:24:41,200
feed lot. Um by the ordinance tier one
if you stay within your tier and he's

317
00:24:39,360 --> 00:24:46,400
not moving tiers. He's not adding enough
animal units to move tiers. If you have

318
00:24:44,159 --> 00:24:51,360
a nonconforming
uh feed lot, which this is, it's not on

319
00:24:48,640 --> 00:24:56,480
enough acreage on its own and it doesn't
meet setback from the north and south

320
00:24:53,039 --> 00:25:02,240
property lines. Uh if you are expanding
up to the top of your tier, uh you can

321
00:24:59,760 --> 00:25:08,080
expand to the limit
of whatever existing legal

322
00:25:04,799 --> 00:25:12,960
non-conforming setback you've got. So
when you look at that original barn

323
00:25:09,919 --> 00:25:18,480
running north and south, as long as the
any expansion any as long as he's

324
00:25:15,600 --> 00:25:23,760
staying in his tier and as long as any
expansion does not go beyond that, he

325
00:25:21,840 --> 00:25:29,440
has that right and does not need to ask
for a variance for that. The variance

326
00:25:27,039 --> 00:25:35,279
that was given before was for
encroachment on the road rightway

327
00:25:32,240 --> 00:25:39,760
because that that new barn is a further
encroachment. the original barn does not

328
00:25:37,679 --> 00:25:43,840
meet the setback from the road rightway
and he was proposing a further

329
00:25:41,600 --> 00:25:49,039
encroachment. That's why he needed the
variance for that second barn. And now

330
00:25:47,360 --> 00:25:55,679
um because that got there with the
variance, any expansion of that, he's

331
00:25:51,760 --> 00:26:02,480
also he's intensifying that uh
encroachment on the road right away. So

332
00:25:59,360 --> 00:26:07,520
um yeah, so that that was a mistake that
was it was advertised incorrectly. It

333
00:26:05,520 --> 00:26:13,600
should have been just an encroachment on
the road rightway, not on the north and

334
00:26:09,760 --> 00:26:19,520
south um property lines.
I would say the trespass essentially is

335
00:26:16,799 --> 00:26:23,840
what it is to onto the property to the
north. That's that's really something

336
00:26:21,679 --> 00:26:29,120
that uh you know if you go to sell it
and and a new property owner isn't

337
00:26:26,080 --> 00:26:34,400
willing to allow uh Dave to either lease
or rent the property and or use the

338
00:26:32,240 --> 00:26:38,240
property for access, then that's going
to have to be something that gets worked

339
00:26:35,840 --> 00:26:42,640
out. either he purchases a per and and
does a property line adjustment to give

340
00:26:40,480 --> 00:26:46,640
him room to get around that barn, but
that would be something that would need

341
00:26:44,080 --> 00:26:52,559
to, you know, be be worked out and it's
a legitimate concern. Um, I think let's

342
00:26:50,159 --> 00:26:55,440
see. I think that's all I had written
down, Mr. Chair.

343
00:26:53,919 --> 00:26:59,760
» All right. Thank you, Amy. And
hopefully, Jill, some of that answers

344
00:26:57,760 --> 00:27:04,720
your your comments and questions up
there. You heard from Dave and you heard

345
00:27:01,440 --> 00:27:09,440
the county's explanation of uh why it
isn't um the north and south lines that

346
00:27:08,080 --> 00:27:12,960
we're dealing with here tonight as a
variance. We're dealing with one

347
00:27:11,279 --> 00:27:18,240
variance,
the setback to the road right of way.

348
00:27:16,559 --> 00:27:23,120
Does that make sense?
>> It does. It does seem like a lot of

349
00:27:20,559 --> 00:27:25,600
building for a small space.
>> I get that. Thank you.

350
00:27:24,240 --> 00:27:29,039
» Not arguing that,
>> Mr. Mr. Chair.

351
00:27:27,039 --> 00:27:35,360
» Yeah. One thing I was looking through
maybe Amy um I look back at 14's

352
00:27:33,279 --> 00:27:39,679
variance and then in this one here it
never gives us a it don't give us a

353
00:27:37,919 --> 00:27:44,720
distance from that barn to that north
property line

354
00:27:41,039 --> 00:27:52,480
» because it wasn't it it wasn't at hand.
>> Okay. because because the the existing

355
00:27:48,640 --> 00:27:55,760
barn was closer and so we didn't address
it

356
00:27:53,360 --> 00:27:59,200
» cuz I don't know if it's 15 ft or 10
feet or 20 feet. You know,

357
00:27:57,600 --> 00:28:02,399
» I can go I if
>> it's fine. I just I thought it just be

358
00:28:01,200 --> 00:28:05,360
pertinent to help with the
>> the other thing or whatever.

359
00:28:04,159 --> 00:28:10,960
» Yeah. The other thing I'm going to say
is our lines in Beacon may not be what

360
00:28:08,559 --> 00:28:17,360
the property line actually is on the
ground. Only a survey can answer that.

361
00:28:14,159 --> 00:28:24,320
And so right now it looks like he's
going onto your property. He may be, he

362
00:28:20,640 --> 00:28:26,960
may not be. Um, so if a property owner
doesn't know exactly where their line

363
00:28:26,399 --> 00:28:30,240
is,
>> good idea.

364
00:28:28,399 --> 00:28:35,840
» Yeah. So if you want a gentleman's
handshake as to where that is,

365
00:28:33,120 --> 00:28:38,739
» yeah.
>> Yeah. But that's just that's just our

366
00:28:37,520 --> 00:28:41,279
disclaimer that
>> [clears throat]

367
00:28:38,880 --> 00:28:45,760
» um we would never use this for legal
purposes as far as where your property

368
00:28:43,600 --> 00:28:50,960
line is.
>> All right. Uh so we'll bring this back

369
00:28:48,000 --> 00:28:55,760
to the board uh now. Any other uh
comments uh from the board members?

370
00:28:54,000 --> 00:29:00,960
» Mr. Chair Mark,
>> as what was brought up from Schultz's

371
00:28:57,679 --> 00:29:06,880
here? Uh I'm thinking Dave's given this
consideration, but uh it would be at a

372
00:29:03,840 --> 00:29:11,120
higher cost being you have purchased
that adjoining land and you were

373
00:29:08,320 --> 00:29:17,520
combining with that instead of adding on
to this barn uh on north and south. uh

374
00:29:15,120 --> 00:29:22,960
have you given it thought of moving it
on that uh piece of property to the

375
00:29:20,640 --> 00:29:26,600
south and to the west and then you would
meet all the setbacks?

376
00:29:28,480 --> 00:29:36,880
I don't know if I made setbacks there
either. Property line setbacks. This is

377
00:29:33,840 --> 00:29:39,279
only How wide is this?
Plus, there's an irrigator going across

378
00:29:38,799 --> 00:29:43,919
there.
>> That parcel that's in the yellow, it's

379
00:29:42,480 --> 00:29:47,640
» a 10acre parcel.
>> Okay. 10 acres.

380
00:29:48,080 --> 00:29:53,120
» Right.
>> That's correct.

381
00:29:50,799 --> 00:29:57,440
» So, you have the adequate acreage right
next to it, which you could uh have a

382
00:29:55,039 --> 00:30:01,520
conforming barn. There is an irrigator
there.

383
00:29:59,360 --> 00:30:04,559
» All right, we'll bring this back. Uh,
we've got the comment from a board

384
00:30:03,039 --> 00:30:06,399
member. Any other comments from board
members?

385
00:30:04,799 --> 00:30:09,440
» Mr. Chair, I do have Go ahead.
>> So, when I was looking through all this,

386
00:30:08,000 --> 00:30:14,000
you know, cuz I knew there was going to
be people saying we got a big structure

387
00:30:11,279 --> 00:30:18,159
on a small acreage and this and that and
you know, part of when we look through

388
00:30:15,440 --> 00:30:22,559
our agriculture goals and objectives,
you know, when you go through all these,

389
00:30:19,840 --> 00:30:27,520
I think he meets the criteria of all
them. We want to save a highv valued egg

390
00:30:25,039 --> 00:30:31,840
land, things like that. Um, not limited
to egg land, but also for production

391
00:30:29,600 --> 00:30:36,880
like as far as meat, milk, all them
types of things. The one that I looked

392
00:30:33,919 --> 00:30:41,760
at when I'm um, looking at this and
we're looking at the set back to the

393
00:30:38,799 --> 00:30:46,480
road right away was goal 3A. Understand
the positive and negative impacts of

394
00:30:44,159 --> 00:30:53,039
emerging agricultural practices and use
in agricultural products or lands. So

395
00:30:50,080 --> 00:30:56,559
when I look at this, if I'm looking at
because we're just looking at the set

396
00:30:54,480 --> 00:31:02,080
back to the road rightway, hearing
nothing from Minnesota DOT, they're 45

397
00:30:59,919 --> 00:31:07,760
ft back from the rightway plus they have
the rightway. It does not 100% follow

398
00:31:05,039 --> 00:31:14,399
ordin county ordinance. But is it
detrimental? I don't I don't believe so.

399
00:31:10,480 --> 00:31:18,159
When I look at the positives,
yeah, you could take and build a whole

400
00:31:16,480 --> 00:31:22,799
new thing out in the middle of any one
of them fields, but now we're just

401
00:31:20,080 --> 00:31:27,520
taking away prime valuable egg land. We
don't want houses out in there, so why

402
00:31:24,559 --> 00:31:30,799
do we want barns out in there? Um, so
that's how when I'm looking at it and

403
00:31:29,039 --> 00:31:35,600
looking through the ordinance and and
what's going to happen, um, like in my

404
00:31:33,520 --> 00:31:39,360
thoughts and votes, them are some of the
things I look at. And if if I can kind

405
00:31:38,159 --> 00:31:44,799
of go through all the goals and
objectives and agree that this applicant

406
00:31:41,679 --> 00:31:49,120
meets them and then when I get to a goal
A3, that's how I kind of went through it

407
00:31:47,440 --> 00:31:54,320
to look at the negatives and the
positives. And I think being in an

408
00:31:51,279 --> 00:31:58,080
agricultural zoned area by adding on to
something that's already established and

409
00:31:55,919 --> 00:32:03,279
is there rather than build something new
somewhere else, I think that that's more

410
00:32:00,880 --> 00:32:09,039
positive. I think it'd be more negative
to the egg uh zoning or the egg land

411
00:32:06,559 --> 00:32:13,360
that's out there if we would put it on
um out in a field or something. So that

412
00:32:11,200 --> 00:32:15,440
that's just when I'm going through this.
I just wanted to comment on that.

413
00:32:15,039 --> 00:32:20,159
» All right.
>> Thank you, Mr. Chair.

414
00:32:17,039 --> 00:32:25,600
» Thank you, Glenn. We'll now uh move to
the uh discussion of the findings of

415
00:32:22,559 --> 00:32:31,679
fact questions. Uh if there's no other
uh comments by board members

416
00:32:29,279 --> 00:32:36,320
hearing none, I'll uh I'll start off
with uh you Marv. Is the request in

417
00:32:34,080 --> 00:32:41,120
harmony with the general purposes and
intent of the Morrison County land use

418
00:32:38,320 --> 00:32:42,559
ordinance and comp plan?
>> You said me.

419
00:32:42,080 --> 00:32:49,200
» Yes.
>> Okay. I believe it is. Uh I add uh on

420
00:32:47,039 --> 00:32:57,679
the most part it is in harmony uh
protecting uh uh prime eggland having no

421
00:32:52,799 --> 00:33:05,600
objection from uh the state uh highway
department having heard nothing about

422
00:33:00,480 --> 00:33:11,600
it. Uh and the the the shrubs and trees
that are already in place there uh make

423
00:33:09,039 --> 00:33:14,960
it look like uh it's hardly there and as
they grow up you won't even know it's

424
00:33:13,120 --> 00:33:21,760
there. And as you go around that
neighborhood, um yeah, that's there's

425
00:33:17,919 --> 00:33:29,039
egg piece uh egg um buildings right next
to that place all over the place and I

426
00:33:25,120 --> 00:33:34,600
feel it does fall within the ordinance.
>> All right. Thank you, Marv. Uh any other

427
00:33:31,360 --> 00:33:34,600
board members?

428
00:33:34,640 --> 00:33:40,640
Hearing none, I'll move on to question
number two. Uh, is the applicant

429
00:33:38,799 --> 00:33:44,559
proposing to use the property in a
reasonable manner not permitted by the

430
00:33:42,559 --> 00:33:49,360
land use ordinance? And I'll take that
one. Um, you know, the land use

431
00:33:47,360 --> 00:33:55,919
ordinance is talking about a 200 foot
setback for the tier one um, operation

432
00:33:52,000 --> 00:34:04,240
that exists there. Um, much of this is
already at 45 ft based upon a previous

433
00:34:00,480 --> 00:34:10,000
variance. Um and due to that variance uh
he has a right to move uh north and

434
00:34:06,720 --> 00:34:15,679
south along that same uh stretch. He's
not taking up uh as Clint had mentioned

435
00:34:12,879 --> 00:34:19,839
not taking up valuable egg land uh for
the purposes of uh putting in uh

436
00:34:18,159 --> 00:34:26,960
structural buildings there. is looking
to maintain that uh current operation

437
00:34:23,040 --> 00:34:33,760
and the flow of animals um inside from
from um holding area to uh growing. Um

438
00:34:32,079 --> 00:34:38,560
and it makes sense to have it there
rather than on another part of the farm

439
00:34:35,760 --> 00:34:45,280
that was um discussed uh on our site
visit. Um it is egg expanding in egg

440
00:34:42,079 --> 00:34:50,240
land. Um so I think that's reasonable.
There are those uh rows of buffers out

441
00:34:47,520 --> 00:34:53,200
front of trees between the road when
we're talking about the rightway because

442
00:34:51,760 --> 00:34:59,359
this is what we're talking about is just
the rightway. Um there is those two rows

443
00:34:56,320 --> 00:35:04,400
there. Um the first row looks to be uh
plenty tall and if the second row

444
00:35:02,000 --> 00:35:08,720
actually comes up and goes, I I think
that's in good shape. So I think um he's

445
00:35:07,119 --> 00:35:14,480
proposing to use it in a reasonable
manner, continuing to do egg and egg

446
00:35:10,720 --> 00:35:21,599
land uh area um much of which is already
at 45 ft by 45 ft by a previous uh

447
00:35:18,880 --> 00:35:29,359
variance. And he's just expanding the
buildings to the north and the south.

448
00:35:24,320 --> 00:35:34,160
And I might add um he's not he's not uh
expanding north and south to the extent

449
00:35:31,520 --> 00:35:37,200
that he could. um he actually could go
further to the north and further to the

450
00:35:35,760 --> 00:35:41,920
south and that's not what he's
proposing. And I think he realizes, this

451
00:35:40,079 --> 00:35:47,680
is my thought, not his. I think he
realizes he needs that parking. He needs

452
00:35:43,920 --> 00:35:52,800
that turning around area to maneuver um
uh both manpower, equipment, and farm

453
00:35:50,480 --> 00:35:57,200
operations. So, uh that's what I've got
to say. Anything else from other board

454
00:35:54,480 --> 00:36:01,040
members on question two? If not, I'll
move to question three.

455
00:35:59,359 --> 00:36:05,200
Question three, will the issuance of the
variance maintain the essential

456
00:36:02,800 --> 00:36:09,440
character of the locality, George?
>> Uh, yes, I believe so. Uh, you know, the

457
00:36:07,359 --> 00:36:14,480
proposed construction will fit in nicely
on this lot. Uh, it's not going to

458
00:36:11,599 --> 00:36:19,839
affect the surrounding crop land. Uh,
there is an irrigation pivot um, west of

459
00:36:17,200 --> 00:36:23,119
the building. Uh, there's scattered
residents and there's no further

460
00:36:21,359 --> 00:36:29,040
encroachment on the north and south
property lines. only encroachment is on

461
00:36:25,760 --> 00:36:34,400
the Minnesota 238 rightway which is 45
ft from that edge of that rideway and

462
00:36:32,160 --> 00:36:39,839
the variance if approved will maintain
the essential character of this area.

463
00:36:37,839 --> 00:36:43,040
All right, thank you George. Any other
comments from the board on question

464
00:36:41,520 --> 00:36:46,160
three? If not, I'll move to question
four.

465
00:36:44,640 --> 00:36:50,880
Moving on to question four. Is the
alleged practical difficulty due to

466
00:36:48,480 --> 00:36:54,000
circumstances unique to the property?
Clint, if you'll take that one.

467
00:36:52,240 --> 00:36:59,680
» Um, yes. I think what's really unique
about this property is uh numbers and

468
00:36:56,079 --> 00:37:06,480
numbers of years ago that this uh was uh
petitioned off to a small acreage lot

469
00:37:03,040 --> 00:37:11,760
that had an old poultry building on it.
Um so there's nothing new to the area.

470
00:37:08,640 --> 00:37:16,640
It's been there for a long long time. Um
we have a applicant that uh purchased

471
00:37:14,640 --> 00:37:20,880
it, retrofitted it, and used something
that was old and made it into something

472
00:37:18,160 --> 00:37:25,680
that's usable. um not like a lot of
people that buy houses and uh just bows

473
00:37:23,839 --> 00:37:31,915
them down and build out in the field
instead of building where the old house

474
00:37:27,200 --> 00:37:35,760
was. Um but anyways here uh I think uh
[snorts] using what Brent had stated

475
00:37:33,920 --> 00:37:42,800
using that footprint without even going
to the max um all the factors that uh

476
00:37:40,480 --> 00:37:46,800
they put into thought with the trees and
all them things. But anyways, we're

477
00:37:44,240 --> 00:37:51,520
looking at the road rightway and I think
uh they can't they can't expand towards

478
00:37:48,960 --> 00:37:56,960
that road. They're not encroaching on
the road right away anymore. They're

479
00:37:53,280 --> 00:38:02,701
staying with what's already there. Um it
just to I think the practical difficulty

480
00:37:59,440 --> 00:38:06,640
here is to uproot all that and
[clears throat] move it into some

481
00:38:04,079 --> 00:38:12,480
valuable farmland. I think the that's
where a lot of the practical difficulty

482
00:38:08,400 --> 00:38:17,599
lies. Um, it just it's to me when you
use a farm operation and how it's not

483
00:38:14,960 --> 00:38:21,520
always how much money you spend on
putting these buildings in and stuff or

484
00:38:19,680 --> 00:38:25,440
yeah, it might cost more if they build
something else somewhere, but it's

485
00:38:23,280 --> 00:38:29,920
logistics on how you do your daily work
and and uh here's something that we

486
00:38:27,520 --> 00:38:34,480
already have and it'd be just a shame
not to utilize the full potential of it.

487
00:38:33,040 --> 00:38:38,400
» All right. Thank you, Clint. Any other
board members have comment on question

488
00:38:36,400 --> 00:38:43,040
number four? If not, I'll move on to
question five.

489
00:38:41,040 --> 00:38:47,359
Hearing none. Question five is the need
for the variance created by actions

490
00:38:45,040 --> 00:38:51,520
other than the landowner or prior land
owners. Greg,

491
00:38:49,760 --> 00:38:55,280
well, they did [clears throat] stick
this on a very small plot of land. So,

492
00:38:53,440 --> 00:38:59,920
if it had been a little bigger, it'd be
a little easier. But I believe he is

493
00:38:58,000 --> 00:39:03,599
using the land. Like I said, what he
has, he's maximizing it. Definitely

494
00:39:02,240 --> 00:39:08,480
maximizing it.
It is

495
00:39:05,359 --> 00:39:15,680
it does fit the boundary lines. So I
believe he's utilizing it

496
00:39:12,400 --> 00:39:19,680
the he should.
>> Okay. Thank you, Greg. Other board

497
00:39:17,280 --> 00:39:22,400
members, question number five.
>> Uh [snorts] Mr. Chair

498
00:39:20,720 --> 00:39:28,240
» Clint, go ahead. I would just add that
again um it's created by actions is just

499
00:39:26,640 --> 00:39:33,920
how this uh parcel was created
originally um and then how it was

500
00:39:30,640 --> 00:39:39,280
allowed to keep moving forward you know
um 2014 they got a variance um yes part

501
00:39:37,440 --> 00:39:45,920
of it was this landowner could be part
of it with the previous landowners but

502
00:39:41,599 --> 00:39:51,760
it's also um just how to it was created
county ordinances or county or however

503
00:39:48,640 --> 00:39:54,960
the regula regulatory agencies that just
allowed us to keep moving forward is

504
00:39:53,359 --> 00:39:58,480
also part of it. So,
>> all right. Thank you, Clint. Any other

505
00:39:56,400 --> 00:40:02,320
board members? Question number five.
>> Mr. Chairman, just one more question on

506
00:40:00,640 --> 00:40:05,280
that. You know, the other the other part
of the need for the variance is

507
00:40:03,760 --> 00:40:09,200
preserving
preserving the surrounding egg land for

508
00:40:06,960 --> 00:40:12,640
crops. I guess that is probably another
part of this.

509
00:40:10,400 --> 00:40:17,119
» All right. Thank you, George.
All right. Hearing none other, I'll move

510
00:40:14,640 --> 00:40:22,400
on to question number six. Uh, does the
alleged practical difficulty involve

511
00:40:19,200 --> 00:40:27,119
more than just economic considerations?
And Marvin, will you take that one?

512
00:40:24,240 --> 00:40:33,760
» Yeah, I'll take it. And part of it is
the conditions that we put on it that

513
00:40:30,640 --> 00:40:39,520
involves more just an econom economics.
Uh, would this be time to uh uh before I

514
00:40:37,119 --> 00:40:44,880
answer this, could Amy, could you share
them conditions that we uh recommended?

515
00:40:43,599 --> 00:40:51,520
» Mr. Chair,
>> go ahead Amy. I have two written down.

516
00:40:48,160 --> 00:40:58,560
One is that a storm water plan shall be
submitted for review and approval by the

517
00:40:54,880 --> 00:41:04,240
soil and water conservation district. Um
and the other one would be no parking of

518
00:41:00,960 --> 00:41:10,079
equipment andor supplies um between the
barn and the roadway.

519
00:41:07,280 --> 00:41:15,440
» Thank you. So with uh that being part of
the conditions and thinking about the

520
00:41:12,480 --> 00:41:20,079
practical difficulty in that small area
with him will uh willing to work with

521
00:41:17,200 --> 00:41:28,240
soil and water and possibly divert the
water so it doesn't create any issues in

522
00:41:22,880 --> 00:41:34,079
a future u and uh few other practices
like they've uh already planted the

523
00:41:30,480 --> 00:41:39,760
shrubs and trees in there. uh he's in uh
thinking about more than just economics.

524
00:41:37,599 --> 00:41:44,520
» All right. Thank you, Marv. Any other uh
comments from the board on question

525
00:41:41,280 --> 00:41:44,520
number six?

526
00:41:44,560 --> 00:41:50,160
» Hearing none, uh we'll move on to the
vote on the findings of fact and

527
00:41:48,240 --> 00:41:54,079
criteria questions. Uh board members,
keep in mind the two conditions that

528
00:41:52,000 --> 00:41:59,280
were just read by Amy as we go through
our vote. Question number one is the

529
00:41:57,520 --> 00:42:03,920
request in harmony with the general
purposes and intent of the Morrison

530
00:42:01,359 --> 00:42:05,359
County land use ordinance and comp plan.
Marvin,

531
00:42:04,560 --> 00:42:07,920
» yes.
>> Myself is yes. George,

532
00:42:07,200 --> 00:42:09,440
» yes.
>> Clint,

533
00:42:08,640 --> 00:42:11,359
» yes.
>> Greg,

534
00:42:10,160 --> 00:42:15,119
» yes.
>> Question number two. Is the applicant

535
00:42:13,119 --> 00:42:19,520
proposing to use the property in a
reasonable manner not permitted by the

536
00:42:17,200 --> 00:42:20,720
land use ordinance? Myself is yes.
George,

537
00:42:20,160 --> 00:42:22,160
» yes.
>> Clint,

538
00:42:21,520 --> 00:42:23,359
» yes.
>> Greg,

539
00:42:22,800 --> 00:42:25,280
» yes.
>> Marvin,

540
00:42:24,000 --> 00:42:29,200
» yes.
Question number three. Will the issuance

541
00:42:27,040 --> 00:42:32,079
of the variance maintain the essential
character of the locality? George,

542
00:42:31,440 --> 00:42:33,200
» yes.
>> Clint,

543
00:42:32,720 --> 00:42:34,240
» yes.
>> Greg,

544
00:42:33,839 --> 00:42:35,440
» yes.
>> Marvin,

545
00:42:34,880 --> 00:42:39,200
» yes.
>> Myself is yes.

546
00:42:37,599 --> 00:42:43,599
And then question number four is the
alleged practical difficulty due to

547
00:42:41,200 --> 00:42:45,359
circumstances unique to the property.
Clint,

548
00:42:44,240 --> 00:42:46,960
» yes.
>> Uh, Greg,

549
00:42:46,480 --> 00:42:48,160
» yes.
>> Marvin,

550
00:42:47,599 --> 00:42:50,800
» yes.
>> Myself is yes. George,

551
00:42:49,599 --> 00:42:54,640
» yes.
Question number five is the need for the

552
00:42:52,720 --> 00:42:58,240
variance created by actions other than
the landowner or prior land owners. Uh

553
00:42:57,599 --> 00:42:59,520
Greg,
>> yes.

554
00:42:58,800 --> 00:43:01,760
» Marvin,
>> yes.

555
00:43:00,240 --> 00:43:02,880
» Myself is yes. George,
>> yes.

556
00:43:02,240 --> 00:43:07,520
» Clint,
>> yes. Question number six. Does the

557
00:43:05,359 --> 00:43:10,720
alleged practical difficulty involve
more than just economic considerations?

558
00:43:10,079 --> 00:43:13,599
Marvin,
>> yes.

559
00:43:11,359 --> 00:43:16,240
» Myself is yes. George,
>> yes. With the conditions,

560
00:43:15,520 --> 00:43:18,160
» Clint,
>> yes.

561
00:43:17,200 --> 00:43:22,000
» And Greg,
>> yes.

562
00:43:19,200 --> 00:43:26,000
» All right. Um,
do I have a motion to approve the

563
00:43:23,920 --> 00:43:29,520
request?
>> Mr. Chairman, I'll make that motion to

564
00:43:27,839 --> 00:43:33,520
approve this variance.
>> Motion by George.

565
00:43:31,920 --> 00:43:36,720
» I'll second that, Mr. Chair.
>> Seconded by Clint. All in favor,

566
00:43:35,520 --> 00:43:38,000
starting with Greg.
>> Yes.

567
00:43:37,200 --> 00:43:39,359
» Marvin.
>> I.

568
00:43:38,720 --> 00:43:41,760
» Clint.
>> I.

569
00:43:39,839 --> 00:43:47,599
» Myself is I and George.
>> I.

570
00:43:42,720 --> 00:43:52,319
» Motion uh to approve the request is
been granted. uh and your variance is

571
00:43:50,079 --> 00:43:57,119
granted with those two aforementioned
conditions. So, um you'll need to work

572
00:43:54,720 --> 00:44:02,400
with uh soil and water on a storm water
plan and then also remember that that

573
00:43:59,599 --> 00:44:06,359
parking uh ban is in place there.
>> Thank you.

574
00:44:03,200 --> 00:44:06,359
» Thank you.

575
00:44:22,640 --> 00:44:24,640
All

576
00:44:44,560 --> 00:44:47,560
right.

577
00:44:48,160 --> 00:44:56,400
All right. We'll move on to the uh
second uh agenda item tonight and it is

578
00:44:53,359 --> 00:44:58,880
an application by Marita
uh Ho Hoy

579
00:44:58,000 --> 00:45:02,240
» Van Hoy
>> Van Ho Vano I'm sorry I'm seeing both

580
00:45:01,440 --> 00:45:06,240
here
>> Vaneki

581
00:45:04,400 --> 00:45:12,960
well if you come forward to the front
table here and state your name correctly

582
00:45:09,440 --> 00:45:15,520
as I didn't for the record we'll
appreciate that and then state your

583
00:45:14,400 --> 00:45:18,160
address and we'll make sure the
microphones are

584
00:45:18,240 --> 00:45:26,960
I got the first name right, so that's
great.

585
00:45:22,560 --> 00:45:37,200
» My name is Marita Van Hookie, 21828
205th Avenue, Little Falls.

586
00:45:30,319 --> 00:45:39,520
» All right. Thank you. Um, and let's see,
Amy, do you have a staff report ready

587
00:45:38,720 --> 00:45:44,160
for this one?
>> I do, Mr. Chair. This is a variance

588
00:45:42,400 --> 00:45:48,240
request to create and develop a parcel
that cannot support a type one septic

589
00:45:46,319 --> 00:45:54,400
system. The ordinance sections that
apply is section 131

590
00:45:51,280 --> 00:45:59,200
and 151.
Here's an aerial photograph of the

591
00:45:56,079 --> 00:46:04,240
property outlined in blue.
And then here is a survey provided by

592
00:46:01,599 --> 00:46:07,240
the applicant with the proposed parcel
split.

593
00:46:07,280 --> 00:46:14,359
And then here are some site photos taken
at the viewing on the 28th of August.

594
00:46:16,960 --> 00:46:25,520
This is a 27.64 acre parcel with a
dwelling on it. The applicant would like

595
00:46:22,160 --> 00:46:29,760
to split uh 8.85 acres, convey it to a
buyer, and retain the existing home and

596
00:46:27,760 --> 00:46:33,200
remaining acres. [snorts] In preparation
for that, septic soil borings were

597
00:46:31,599 --> 00:46:37,920
completed and it was found that there
was only a 3-in separation to the water

598
00:46:35,280 --> 00:46:42,800
table, which requires a type three mound
septic system. The septic designer has

599
00:46:40,880 --> 00:46:47,440
determined that adequate soil separation
does not exist on the property. To

600
00:46:44,800 --> 00:46:52,640
install a type one septic drain field
for a type one mound system, at least 12

601
00:46:50,079 --> 00:46:57,359
in of separation between the soil and
the seasonally high water table is

602
00:46:54,240 --> 00:47:03,040
required. Those 12 in of soil contribute
to the 3 f feet of soil treatment needed

603
00:46:59,839 --> 00:47:07,440
needed for septic effluent and again uh
3 in of separation was found on site.

604
00:47:05,520 --> 00:47:11,760
The surrounding area consists of crop
fields, forests and sparse residences.

605
00:47:10,079 --> 00:47:16,000
There is available dwelling density
within this quarter quarter for an

606
00:47:13,680 --> 00:47:20,000
additional dwelling. And then here are
criteria questions, Mr. Chair.

607
00:47:18,319 --> 00:47:24,880
» All right. Thank you, Amy. And just for
the record, um, on 82826,

608
00:47:23,359 --> 00:47:28,319
uh,
everyone with the exception of Clint was

609
00:47:26,560 --> 00:47:33,839
there and I believe Clint viewed this
property and they Tuesday I went. I did

610
00:47:31,760 --> 00:47:37,040
not walk around the property cuz I
didn't know if anything was even staked

611
00:47:35,680 --> 00:47:42,160
and I wasn't going to through the
woods, but I did get the just of it.

612
00:47:40,160 --> 00:47:46,079
» All right. So, all of the board members
last week were out to the property and

613
00:47:44,079 --> 00:47:52,880
did have an opportunity to view it both
on Friday with you and a drive by uh as

614
00:47:49,119 --> 00:47:57,440
stated by Clint. Um you heard uh the
staff report. Is everything that Amy

615
00:47:54,800 --> 00:48:00,400
presented to us uh accurate?
>> Yes.

616
00:47:58,160 --> 00:48:04,880
» And uh this is your opportunity now to
provide us with any additional

617
00:48:02,079 --> 00:48:09,119
information that you feel uh we as a
board should hear and should know uh

618
00:48:07,119 --> 00:48:19,040
moving forward on your request.
>> Yep. I um am looking to um again just

619
00:48:13,920 --> 00:48:23,920
make another um create a a lot um and
whether it's buil you know we do have

620
00:48:21,520 --> 00:48:28,800
someone who is interested
um they've not said if they're going to

621
00:48:26,000 --> 00:48:35,839
build or not build um there is no
purchase agreement yet um and so we just

622
00:48:32,960 --> 00:48:41,119
I want to help someone live a dream just
like I did um it's a part of a great

623
00:48:39,200 --> 00:48:46,319
community. Um, we've got really great
neighbors. Um, and I want to give

624
00:48:43,599 --> 00:48:51,440
someone else the opportunity to to do
that uh right along with when I was able

625
00:48:49,520 --> 00:48:54,319
to do that.
>> All right. Thank you. Anything else?

626
00:48:53,440 --> 00:49:00,720
» No thank
>> All right. Thank you. Um, and let's see,

627
00:48:59,359 --> 00:49:02,240
board [snorts] members. Uh, any
questions?

628
00:49:01,280 --> 00:49:05,680
» Mr. Chair
>> Clint, go ahead. Since it wasn't there

629
00:49:03,839 --> 00:49:08,960
Friday, was there anything I mean, did
you walk any of that or is there

630
00:49:07,200 --> 00:49:13,599
anything that I should know that
>> uh on Friday? I asked Amy and she just

631
00:49:11,359 --> 00:49:17,359
pulled it up now to have a topographical
map of elevations here for us so that we

632
00:49:15,839 --> 00:49:24,880
could see that because walking out
there, you know, in there um we could

633
00:49:20,400 --> 00:49:30,319
see the uh the stake uh by this line.
I'm pointing to the 1270 line. There was

634
00:49:27,359 --> 00:49:35,520
a stake here that went out and up and
over uh marking off the eight acres.

635
00:49:32,880 --> 00:49:39,680
Then other stakes were out here
>> um maintaining the driveway in for her.

636
00:49:37,599 --> 00:49:42,800
So it came up and it went out
>> 12 ft.

637
00:49:40,559 --> 00:49:48,400
» Uh but we did not walk out in the woods
itself. U but seeing that the elevation

638
00:49:45,520 --> 00:49:54,000
is important. It's up there for us. No,
I think the elevation map was great

639
00:49:50,480 --> 00:49:58,559
because that's about how I envisioned it
from me just looking at it is kind of

640
00:49:56,240 --> 00:50:03,720
how that
works. So, okay. Thank you.

641
00:50:00,720 --> 00:50:03,720
» Yep.

642
00:50:03,760 --> 00:50:08,520
Um any Let's see.

643
00:50:10,240 --> 00:50:14,559
» Any other questions? Board members,
Mr. Chair,

644
00:50:14,160 --> 00:50:19,280
» go ahead.
>> Okay. I got um

645
00:50:17,040 --> 00:50:26,000
um
so Marita maybe uh I know your place is

646
00:50:22,400 --> 00:50:31,280
kind of wet you know I mean it's uh not
like flood driven or anything like that

647
00:50:27,839 --> 00:50:37,520
I'm not saying that um but is that just
because of the soils because it's a lot

648
00:50:33,280 --> 00:50:41,040
of clay there or is is that's why um cuz
when I when I looked you know I mean you

649
00:50:39,119 --> 00:50:45,760
got a meadow on the backside or upland
meadow I would say maybe it's not like a

650
00:50:43,119 --> 00:50:49,680
real bad meadow to the north. Um the
woods there's, you know, popples as to

651
00:50:47,839 --> 00:50:54,480
the west. As you gradually get towards
your house, it changes a little bit and

652
00:50:52,240 --> 00:50:59,119
you could see that with the elevation.
>> Um so when we look at these, this is its

653
00:50:57,040 --> 00:51:04,240
own case. We look at different ones for
type three sewers. Um to me, they tend

654
00:51:01,599 --> 00:51:07,760
to look a lot lower than this did. Um
and then here you only had 3 in of

655
00:51:06,160 --> 00:51:12,960
separation. And so that's why I asked
that question because uh it just uh I'm

656
00:51:11,599 --> 00:51:16,400
not going to say this is prone to
flooding or anything like that, but it's

657
00:51:14,640 --> 00:51:21,119
just kind of wet in that area and that's
probably due to the clay or

658
00:51:18,800 --> 00:51:27,440
» That is exactly right. When we did the
building, um the clay is about 2 feet

659
00:51:23,760 --> 00:51:32,880
below below the surface. Um and it's
solid dense clay for when we dug like

660
00:51:30,319 --> 00:51:41,680
the driveway and stuff, it was clay for
a good four or five feet. So, it is it's

661
00:51:37,119 --> 00:51:45,280
not only rocky, but it's also very clay.
>> Okay.

662
00:51:43,280 --> 00:51:50,319
That's basically the only question I
really had, Mr. Chair, was just kind of

663
00:51:47,920 --> 00:51:54,079
hear from the applicant. Um, when you
see, you know, we haven't seen many of

664
00:51:51,839 --> 00:51:57,599
these with just 3 in separation. Not
that it I mean, it does matter, but it

665
00:51:56,400 --> 00:52:02,800
don't matter because it can't meet
separation, but I just wanted to point

666
00:52:00,079 --> 00:52:07,040
that out that it's not cuz it's a swamp.
It's just the soil type. So,

667
00:52:05,200 --> 00:52:10,720
» all right. Thank you, Clint. I do have
um I'll get to you in just a second,

668
00:52:09,119 --> 00:52:15,280
George, but I do have a question maybe
for Amy.

669
00:52:12,079 --> 00:52:22,319
» Um so, my question is
um since this meets a dwelling density

670
00:52:17,920 --> 00:52:25,599
in the area, if not for the the the the
sewer,

671
00:52:23,440 --> 00:52:30,160
» if this would have been land that would
support a type one, everything would

672
00:52:28,319 --> 00:52:31,760
proceed without the need of a variance.
Is that correct?

673
00:52:30,800 --> 00:52:37,280
» Yes, that's correct.
>> Okay. And so, uh, the reason we're here

674
00:52:34,400 --> 00:52:43,680
is because of the 3-in separation, not
the 12 in. Um, and would it support a

675
00:52:41,599 --> 00:52:47,280
type three? And that's the decision that
we're making tonight. I just wanted to

676
00:52:45,119 --> 00:52:50,400
clarify that for the record so everybody
here knows what we're considering.

677
00:52:49,839 --> 00:52:53,680
» Thank you.
>> Other comments of board members,

678
00:52:52,720 --> 00:52:56,240
» Mr. Chairman.
>> George, go ahead.

679
00:52:54,480 --> 00:52:59,760
» So, just an observation. And so I'm
looking at this top topographic map here

680
00:52:58,319 --> 00:53:04,880
and if you'll go on the west side of the
road, you see an elevation of 1258.

681
00:53:02,880 --> 00:53:10,240
Well, off to the northwest corner of
this parcel that that she's proposing to

682
00:53:07,200 --> 00:53:16,559
create, there is a there is a residence
where we turned around off the northwest

683
00:53:12,240 --> 00:53:21,119
corner. So, so and I would venture to
say that that falls. So, that's about

684
00:53:18,559 --> 00:53:26,960
the same elevation. So, so if you look
at all these elevations here, it's it's

685
00:53:22,960 --> 00:53:31,599
it's a fairly flat piece of land.
Yeah, I I would agree. Thank you. Uh

686
00:53:29,440 --> 00:53:33,200
George, any other comments uh by board
members?

687
00:53:31,920 --> 00:53:36,000
» Mr. Chair, just one more.
>> Go ahead, Clint.

688
00:53:33,920 --> 00:53:37,119
» Marita, yours is a type three at your
house.

689
00:53:36,559 --> 00:53:41,599
» It is.
>> Yes, that's what I consider. Okay.

690
00:53:39,359 --> 00:53:44,880
» Okay. Just wanted to put that on the
record, too.

691
00:53:42,800 --> 00:53:48,160
» Okay. Uh Mr. Chair
>> Marvin,

692
00:53:45,599 --> 00:53:53,920
» uh just a few comments. Uh, one I
noticed most of the trees are ash and

693
00:53:50,800 --> 00:53:58,319
papa which thrive in lower wet areas but
uh to my surprise as I was driving by

694
00:53:56,720 --> 00:54:04,880
slowly there were oak trees here and
there so it can't uh if it can support

695
00:54:01,040 --> 00:54:07,359
oaks and not die off apparently it's not
too wet.

696
00:54:05,920 --> 00:54:12,559
» Right. Exactly.
>> Just a comment. So my from one of my

697
00:54:10,160 --> 00:54:19,440
observations and another thing I look at
this year we talk about our comp plan

698
00:54:16,079 --> 00:54:24,240
and uh protecting prime egg land. Well
obviously this isn't prime egg land.

699
00:54:21,760 --> 00:54:27,839
This is exactly what we like to see and
you could put this in a couple acre

700
00:54:25,920 --> 00:54:34,160
parcel and sell it off. Instead you're
going to make put in 8.85 acre parcel

701
00:54:30,800 --> 00:54:37,680
which is a nice big chunk of property
nowadays. Just another comment. So,

702
00:54:37,040 --> 00:54:41,040
thank you.
>> All right. Thank you, Marvin. Any other

703
00:54:38,960 --> 00:54:45,480
comments from the board before I move on
to uh public comment?

704
00:54:46,079 --> 00:54:52,000
» Hearing none, I'm going to move on to uh
public comment. I'll make a call three

705
00:54:49,920 --> 00:54:55,839
times for anyone wishing to speak uh
regarding this uh variance request to

706
00:54:54,160 --> 00:55:00,800
step up to the podium over there.
Microphone should be on. First call for

707
00:54:58,559 --> 00:55:05,200
any public comment.
>> Mine is more just a question.

708
00:55:03,280 --> 00:55:08,640
» That's fine. Just go to the state your
name and your address for the record so

709
00:55:06,960 --> 00:55:14,000
we know who's representing you.
>> I'm Ken and we live just south or just

710
00:55:12,480 --> 00:55:15,599
north
>> Jason.

711
00:55:14,720 --> 00:55:20,880
» All right.
>> So 220

712
00:55:18,480 --> 00:55:29,280
it's more just a question. Not that I
have any opposition or opinion on on

713
00:55:24,079 --> 00:55:36,720
this but if there wouldn't be a variance
can the type one be just remedied bying

714
00:55:34,640 --> 00:55:39,839
make the mountain higher.
>> We'll we'll actually we'll actually

715
00:55:38,319 --> 00:55:43,359
answer that question here in just a
little bit.

716
00:55:40,559 --> 00:55:47,599
» Okay. And it's it's not that I'm
expressing any type of opinion. It's

717
00:55:44,880 --> 00:55:51,839
just a question I have.
>> Thank you.

718
00:55:49,760 --> 00:55:55,359
All right. First call. Second call. Any
public comment? Please step to the

719
00:55:53,440 --> 00:55:58,680
podium and state your name and address
for the record.

720
00:55:59,119 --> 00:56:04,799
» One last and third final call for any
public comment.

721
00:56:05,599 --> 00:56:15,963
All right. Does the township have
anything to uh let us know?

722
00:56:12,079 --> 00:56:15,963
» I guess not. [laughter]

723
00:56:18,640 --> 00:56:27,520
» Okay. [laughter]
>> All right. Um with that, uh I made three

724
00:56:24,480 --> 00:56:32,240
calls for public comment. Um no further
public comment. I'll ask uh for a motion

725
00:56:29,839 --> 00:56:34,559
to close the portion of the meeting. So
moved.

726
00:56:33,839 --> 00:56:39,119
» Second here.
>> Motion by Marvin, second by George to

727
00:56:36,720 --> 00:56:40,319
close the meeting. All in favor? Greg?
>> I.

728
00:56:39,760 --> 00:56:42,400
» Marvin,
>> I.

729
00:56:40,720 --> 00:56:45,280
» Clint,
>> I myself is I George

730
00:56:44,640 --> 00:56:49,119
» I.
>> The public portion of this meeting is

731
00:56:47,200 --> 00:56:53,720
now closed and we'll bring this back to
the board. Um,

732
00:56:58,160 --> 00:57:05,359
uh,
>> answer about this.

733
00:57:01,599 --> 00:57:12,559
» Yeah. So, uh, to answer your question,
Ken, I'm going to have Amy just give us

734
00:57:08,880 --> 00:57:16,880
a a slight lesson in type one and type
three, and I think it's going to answer

735
00:57:13,920 --> 00:57:24,799
your your question.
Uh so in order to get adequate treatment

736
00:57:21,680 --> 00:57:30,480
of sewage, you need at least three feet
of good soil. So what we're looking for

737
00:57:28,000 --> 00:57:36,160
is so as soon as you hit anorobic
conditions, which is where water

738
00:57:32,640 --> 00:57:45,200
regularly sits, you stop treatment. And
so what we're looking for and by state

739
00:57:39,599 --> 00:57:52,400
law, um, a type one septic system offers
at least 12 inches of native native soil

740
00:57:50,160 --> 00:57:58,960
for treatment. And so you can have a
type one mound system where you've got 2

741
00:57:55,680 --> 00:58:06,799
feet of sand and then your third foot of
treatment is that native soil. That's

742
00:58:03,680 --> 00:58:12,480
considered a type one mound system. You
can have other type one systems. If you

743
00:58:09,359 --> 00:58:17,760
have a lot of separation, then you can
have an atgrade system and all of that.

744
00:58:14,960 --> 00:58:23,200
And that's relying completely on the
soils on site to provide treatment.

745
00:58:20,720 --> 00:58:28,799
Those all fit into the category of type
one septic system. And by law, if you

746
00:58:26,079 --> 00:58:36,160
are creating a new parcel, your new
parcel must have adequate soils to

747
00:58:31,359 --> 00:58:43,520
support a standard system. Um, in cases
like this where you either get have 12

748
00:58:39,760 --> 00:58:49,520
in or zero. So if you have three inches,
it's zero. If you have seven inches,

749
00:58:46,079 --> 00:58:54,720
it's zero. There's no treatment. So
you're creating that entire treatment

750
00:58:52,160 --> 00:59:00,480
system above grade.
So you are hauling in sand, but you're

751
00:58:57,280 --> 00:59:08,000
hauling in three feet of it because all
of that treatment is happening in above

752
00:59:04,160 --> 00:59:14,000
grade before it hits the soil. And so
and that's considered a type three

753
00:59:10,240 --> 00:59:19,200
system and they need more maintenance.
Um you need to take care of them. You

754
00:59:17,119 --> 00:59:23,280
need to monitor them. Um and they're not
guaranteed. They're they're not a

755
00:59:21,040 --> 00:59:29,040
guaranteed system. and you and a
property owner who puts one in has to

756
00:59:25,440 --> 00:59:35,599
sign acknowledging I understand that I
am putting in a nontypical system and I

757
00:59:33,440 --> 00:59:40,480
have some obligations and no one's
guaranteeing that this thing is going to

758
00:59:37,280 --> 00:59:46,319
work. And so that is the difference
between the two. So, yes, you do the

759
00:59:43,200 --> 00:59:51,520
mound and you do just haul in sand. But,
um, anytime you're replacing any native

760
00:59:49,520 --> 00:59:56,000
soil, that's a type three system because
you're you're messing with what was

761
00:59:54,319 --> 00:59:59,000
already there. Does that answer your
question?

762
00:59:59,520 --> 01:00:09,920
» So, so it would have to be type.
This one there is no choice because this

763
01:00:06,960 --> 01:00:19,040
soil does not offer any sewage
treatment. And so you you would you must

764
01:00:14,799 --> 01:00:26,799
um install a type three mound which all
of the drain field is above grade.

765
01:00:23,200 --> 01:00:31,680
Yeah, that's the only option.
>> Mr. Chair, if I could just add on to

766
01:00:29,359 --> 01:00:36,160
that. So basically, if you own a
property and you know it's too low for

767
01:00:33,920 --> 01:00:40,720
type one and let's say you add four feet
of fill on that whole property and 10

768
01:00:38,480 --> 01:00:43,520
years later your plan is to sell it,
they're still going to do the soil

769
01:00:41,920 --> 01:00:48,240
borings. The soil boring is still going
to go through your four feet and find

770
01:00:45,359 --> 01:00:53,440
that virgin soil, the soil boring going
to be 4T below that that dirt you filled

771
01:00:52,000 --> 01:00:58,559
in and it's still going to give you the
same reading if you filled it in or not.

772
01:00:56,480 --> 01:01:02,319
Well, essentially now you're
automatically type three because you've

773
01:00:59,920 --> 01:01:07,119
got a disturbed site. Yeah. Because if
you haul in fill and it's not and you're

774
01:01:05,119 --> 01:01:10,000
not looking at native soil,
>> right out [snorts] of the gate, you're a

775
01:01:08,240 --> 01:01:12,640
type three because you don't have native
soils.

776
01:01:10,559 --> 01:01:16,400
» Y
>> All right. Hopefully, Kim, that

777
01:01:14,559 --> 01:01:21,119
addressed your question. I said we'd get
around to it. Um when you get when we

778
01:01:18,880 --> 01:01:27,040
get into sewers, it gets a little more
complicated than most people uh

779
01:01:23,520 --> 01:01:32,160
understand. But uh suffice to say that
that the separation will occur above the

780
01:01:30,160 --> 01:01:36,720
ground, not utilizing any of the current
existing ground. It's got to be

781
01:01:34,160 --> 01:01:40,792
separated above ground uh on a type
three. So that's the difference between

782
01:01:38,720 --> 01:01:43,359
a type one and a type three in
[clears throat]

783
01:01:41,359 --> 01:01:48,160
layman's terms.
Um

784
01:01:45,520 --> 01:01:52,319
we'll now move to uh findings of fact
criteria questions. We'll kind of go

785
01:01:49,839 --> 01:01:56,160
through those with the board uh since
the public uh portion of the meeting is

786
01:01:54,079 --> 01:02:00,720
now closed. Question number one is the
request in harmony with the general

787
01:01:58,799 --> 01:02:08,400
purposes and intent of the Morrison
County land use ordinance and comp plan.

788
01:02:03,359 --> 01:02:13,200
And I'll take that one. um
as stated here in the discussion it it

789
01:02:10,640 --> 01:02:20,480
meets the dwelling density in the area
um but it does not meet um the adequate

790
01:02:16,720 --> 01:02:28,319
soil for a type one. So um in today's
world um you have to have um a variance

791
01:02:24,400 --> 01:02:35,359
to uh determine or once it's determined
that um there isn't adequate soil uh

792
01:02:32,160 --> 01:02:40,880
separation on the land itself and u you
have to have a variance for a type three

793
01:02:37,599 --> 01:02:47,520
septic system. And so that's what this
variance request here is in front of us

794
01:02:43,280 --> 01:02:52,400
tonight for um you know there is no egg
land being destroyed by this. This is a

795
01:02:49,760 --> 01:02:58,720
wooded parcel. There is residential uh
homes in the immediate area uh and

796
01:02:56,000 --> 01:03:07,440
meeting that density dwelling um
criteria. um it is a a a part of uh land

797
01:03:03,680 --> 01:03:12,160
in uh that area that is suitable for
development and so in that regard I

798
01:03:09,359 --> 01:03:16,480
think it is in in re u it is in harmony
with the general purposes and intent of

799
01:03:14,160 --> 01:03:21,039
the land use ordinance any other
comments from board members

800
01:03:19,440 --> 01:03:26,079
hearing none I'll move on question two
is the applicant proposing to use the

801
01:03:23,280 --> 01:03:29,359
property in a reasonable manner not
permitted by the land use ordinance

802
01:03:28,480 --> 01:03:34,000
charge.
>> Uh yes, I believe so. Uh the surrounding

803
01:03:31,200 --> 01:03:39,200
area has homes on what I assume to be
assumed to be five plus acre parcels. Uh

804
01:03:36,720 --> 01:03:46,319
topography on the surrounding small
acreages in the immediate area. Uh also

805
01:03:43,359 --> 01:03:51,200
are very similar to this. Uh
applicant is requesting a variance to

806
01:03:48,240 --> 01:03:57,119
create a lot for a home with a type
three system. And this is a reasonable

807
01:03:53,119 --> 01:04:01,280
request in this area being it is not uh
valuable farmland. It's a wooded

808
01:03:59,280 --> 01:04:05,599
acreage.
All right. Thank you, George. Any other

809
01:04:02,960 --> 01:04:08,960
comments by board members?
Hearing none, I'll move on to question

810
01:04:06,960 --> 01:04:14,400
three. Will the issuance of the variance
maintain the essential character of the

811
01:04:11,039 --> 01:04:20,880
locality? Clint, I think two parts. One
is there's uh if you look in the

812
01:04:17,920 --> 01:04:24,720
surrounding area, it's uh some farms.
There's also some rural residents out

813
01:04:22,640 --> 01:04:29,599
there. They're kind of mixed in between
in all that. So, I think from a central

814
01:04:27,359 --> 01:04:33,680
character that way it'll fit in. Then
when we look at the type three sewer

815
01:04:31,359 --> 01:04:36,799
system that way, um, you know, I don't
know for sure, but I'm going to say

816
01:04:35,119 --> 01:04:42,240
majority of all them homes that are
right in that vicinity. More of them are

817
01:04:39,119 --> 01:04:48,559
type three than not. And uh basically
that eastern side of Morrison County is

818
01:04:45,760 --> 01:04:53,359
is a big percentage of uh buildable land
is requiring type three just because of

819
01:04:51,680 --> 01:04:57,680
the way our soils are in that part of
the county. So I think um from both of

820
01:04:55,920 --> 01:05:00,960
them aspects it will maintain the
essential character.

821
01:04:59,599 --> 01:05:05,520
» All right. Thank you Clint. Question
number or any other comments from board

822
01:05:02,799 --> 01:05:09,839
members on question three. If not I'll
move on to question four

823
01:05:07,920 --> 01:05:15,200
hearing none. is the alleged practical
difficulty due to circumstances unique

824
01:05:12,319 --> 01:05:19,680
to the property. Uh Greg,
>> uh because of the soil around here, it's

825
01:05:17,680 --> 01:05:24,559
very typical. I mean, I guess Clint just
stated that too that I almost all them

826
01:05:21,680 --> 01:05:28,799
houses in that area are with that lower
ground, you're going to need this type

827
01:05:26,880 --> 01:05:33,440
three septic system to make anything
work because of its and that's typical

828
01:05:31,520 --> 01:05:37,359
to most of this ground in this area
because we just had that one two weeks

829
01:05:34,880 --> 01:05:42,720
ago. Kind of the same type of soil. So,
it is

830
01:05:39,359 --> 01:05:45,839
It is uh unique to the property.
>> All right. Thank you. Any other comments

831
01:05:44,160 --> 01:05:49,680
from board on question four?
>> Mr. Chairman, I just got one more

832
01:05:47,599 --> 01:05:54,000
comment here. And you know, without a
variance for this piece of property, it

833
01:05:51,440 --> 01:05:57,760
would not be a buildable lot. I mean, it
would be be wasteland basically.

834
01:05:56,640 --> 01:06:00,480
» All right. Thank you, George.
>> Mr. Chair Clint,

835
01:05:59,039 --> 01:06:05,680
» I'd just like to add the practical
difficulty here is it's a buildable

836
01:06:02,319 --> 01:06:10,079
site. Um with the clay soils in here, it
don't meet the soil borings. Um, I think

837
01:06:08,400 --> 01:06:13,680
the elevation of it, unless they do
right by the road because that's the

838
01:06:11,599 --> 01:06:17,839
lowest elevations, but when you look at
the elevations of this property, I think

839
01:06:16,160 --> 01:06:22,319
there's more than enough adequate
building space and it can't meet the the

840
01:06:20,400 --> 01:06:27,520
soil borings because of the clay ground
and the water retention. So, I think

841
01:06:24,480 --> 01:06:31,440
that is the practical difficulty here.
>> All right. Thank you, Clint. Any other

842
01:06:29,920 --> 01:06:34,319
comments?
Hearing none, I'll move on to question

843
01:06:32,720 --> 01:06:38,960
number five. is the need for the
variance created by actions other than

844
01:06:36,799 --> 01:06:41,760
the land owner or prior land owners.
Marvin,

845
01:06:39,599 --> 01:06:47,599
» yes. And the reason why is because of
these new uh regulations requiring type

846
01:06:44,640 --> 01:06:56,319
three uh variances for type three
systems is the need for this. And as uh

847
01:06:53,440 --> 01:07:02,960
we probably all know there were numerous
systems put in that uh if they were

848
01:07:00,000 --> 01:07:10,400
having to be redone would be basically
all type three in this area. So the need

849
01:07:05,440 --> 01:07:16,720
for it is uh the separation of it and um
you know not having adequate separation.

850
01:07:14,319 --> 01:07:22,400
» All right. Thank you. Uh any other
comments from board members on question

851
01:07:18,640 --> 01:07:25,920
five? If not, I'll move to question six.
Question six, does the alleged practical

852
01:07:24,160 --> 01:07:32,799
difficulty involve more than just
economic considerations? Uh, back to me

853
01:07:28,640 --> 01:07:39,200
on that one. Um, you know, here, uh, the
practical difficulty is is is the land.

854
01:07:36,400 --> 01:07:45,599
Um, and the soil that is on the land. I
think that's what's been stated here.

855
01:07:41,440 --> 01:07:51,920
Um, we have a buildable lot um, with um,
oaks and poppel and ash. um but it

856
01:07:49,440 --> 01:07:57,280
doesn't have the the soil needed for a
for a type one. So we have to go uh to a

857
01:07:54,880 --> 01:08:02,799
type three. And to get to a type three
um you need a variance to do that. Um it

858
01:08:00,640 --> 01:08:07,680
costs more money to get a variance. It
costs more money to haul in more sand.

859
01:08:05,359 --> 01:08:11,839
It costs more money to have a type three
system. And it uh is going to require

860
01:08:09,680 --> 01:08:16,560
more monitoring ongoing and into the
future. So um this is more than just

861
01:08:14,640 --> 01:08:21,040
economic considerations. This isn't a
cheap route. this is an expensive route

862
01:08:18,560 --> 01:08:25,520
and it's buyer beware on this uh moving
forward. So, uh hopefully you relay that

863
01:08:24,159 --> 01:08:29,520
information to them and they're well
aware of it and they know what's going

864
01:08:26,960 --> 01:08:32,239
on there. Any other comments from board
members?

865
01:08:30,080 --> 01:08:37,839
» Mr. Chair, I just say with any of these
with not just this one, any of these

866
01:08:34,560 --> 01:08:40,799
there needs to be adequate uh acreage to
put more than one of these. You know, we

867
01:08:39,520 --> 01:08:45,920
have to have two spots. So, I just
wanted on the record and with this uh

868
01:08:43,600 --> 01:08:50,799
this proposal and the acreage size of
it, there is plenty of room for multiple

869
01:08:48,400 --> 01:08:56,480
sites. So, just wanted to add that into
this answer and for the record.

870
01:08:53,440 --> 01:09:02,560
» All right. Thank you. Uh if the board is
ready, we'll now move on to the findings

871
01:08:58,799 --> 01:09:07,359
of fact criteria questions. And there
are no conditions as of yet on this uh

872
01:09:05,040 --> 01:09:10,640
for consideration.
Question one is the request in harmony

873
01:09:09,040 --> 01:09:16,080
with the general purposes and intent of
Morrison County land use ordinance and

874
01:09:13,199 --> 01:09:17,600
comp plan. Myself is yes.
>> Uh George,

875
01:09:17,040 --> 01:09:18,880
» yes.
>> Clint,

876
01:09:18,319 --> 01:09:20,080
» yes.
>> Greg,

877
01:09:19,520 --> 01:09:22,000
» yes.
>> And Marvin,

878
01:09:20,880 --> 01:09:25,359
» yes.
>> Question number two, is the applicant

879
01:09:23,759 --> 01:09:29,040
proposing to use the property in a
reasonable manner not permitted by the

880
01:09:27,120 --> 01:09:30,480
land use ordinance? George,
>> yes.

881
01:09:29,839 --> 01:09:31,600
» Clint,
>> yes.

882
01:09:30,960 --> 01:09:32,640
» Greg,
>> yes.

883
01:09:32,000 --> 01:09:35,359
» Marvin,
>> yes.

884
01:09:33,120 --> 01:09:39,120
» Myself is yes.
Uh, question number three. Will the

885
01:09:36,960 --> 01:09:41,920
issuance of the variance maintain the
essential character of the locality?

886
01:09:41,040 --> 01:09:43,279
Clint,
>> yes.

887
01:09:42,560 --> 01:09:44,640
» Greg,
>> yes.

888
01:09:44,000 --> 01:09:46,560
» Marvin,
>> yes.

889
01:09:45,120 --> 01:09:49,839
» Myself is [snorts] yes. George,
>> yes.

890
01:09:47,759 --> 01:09:54,480
» Question number four. Is the alleged
practical difficulty due to

891
01:09:51,600 --> 01:09:56,320
circumstances unique to the property?
Greg?

892
01:09:55,199 --> 01:09:57,600
» Yes.
>> Marvin?

893
01:09:56,960 --> 01:09:59,360
» Yes.
>> Myself is yes. George,

894
01:09:58,960 --> 01:10:00,880
» yes.
>> And Clint,

895
01:10:00,080 --> 01:10:04,800
» yes.
>> Question five. is a need for variance

896
01:10:02,800 --> 01:10:07,840
created by actions other than the land
owner or prior land owners. Marvin,

897
01:10:07,120 --> 01:10:10,159
» yes.
>> Myself is yes. George,

898
01:10:09,600 --> 01:10:11,440
» yes.
>> Clint,

899
01:10:10,800 --> 01:10:13,679
» yes.
>> And Greg,

900
01:10:12,239 --> 01:10:17,280
» yes.
>> Question number six. Does the alleged

901
01:10:15,280 --> 01:10:20,880
practical difficulty involve more than
just economic considerations? Myself is

902
01:10:20,000 --> 01:10:22,159
yes. George,
>> yes.

903
01:10:21,440 --> 01:10:23,280
» Clint,
>> yes.

904
01:10:22,640 --> 01:10:24,480
» Greg,
>> yes.

905
01:10:23,840 --> 01:10:27,360
» Marvin,
>> yes.

906
01:10:25,520 --> 01:10:30,560
» Uh, I have all of these questions
answered in the affirmative. Do I have a

907
01:10:28,880 --> 01:10:34,800
motion to approve the request?
>> Mr. Mr. Chair, I'd like to make that

908
01:10:31,920 --> 01:10:38,800
motion to approve this request.
>> I'll second it, Mr. Chair.

909
01:10:36,480 --> 01:10:44,800
» Okay, we have a motion by Marvin and a
second by George. Uh,

910
01:10:43,120 --> 01:10:47,920
and we'll do a roll call vote starting
with Greg. All in favor say I.

911
01:10:47,199 --> 01:10:48,960
» I.
>> Marvin,

912
01:10:48,480 --> 01:10:49,920
» I.
>> Clint,

913
01:10:49,440 --> 01:10:56,320
» I.
>> Myself is I. George.

914
01:10:51,440 --> 01:11:02,239
» I. Uh the motion uh
to approve the request passes and thank

915
01:10:58,960 --> 01:11:05,679
you for uh presenting tonight. Um any
questions you have, please follow up

916
01:11:04,000 --> 01:11:07,360
with land services during business
hours.

917
01:11:06,560 --> 01:11:10,600
» Thank you.
>> You're welcome.

918
01:11:18,239 --> 01:11:26,480
And moving on, um, we have some minutes
from our previous meeting.

919
01:11:24,960 --> 01:11:29,280
» Mr. Chairman, I'll make a motion we
approve those minutes.

920
01:11:28,000 --> 01:11:33,600
» I'll second it.
>> Okay. And just for the record, those

921
01:11:30,719 --> 01:11:38,480
were the meeting minutes from August 18,
2026.

922
01:11:35,679 --> 01:11:40,800
Uh, all in favor?
>> I

923
01:11:40,159 --> 01:11:43,679
» I
>> Clint I. Myself is I George.

924
01:11:43,040 --> 01:11:46,960
» All right.
>> All right. Um, old business. Any old

925
01:11:45,840 --> 01:11:49,120
business, Amy?
>> Mr. Chair, I do not have any old

926
01:11:48,480 --> 01:11:51,600
business.
>> New business?

927
01:11:50,080 --> 01:11:57,120
» I do have new. All right.
>> Um,

928
01:11:52,800 --> 01:12:02,800
» the uh, as you know, the way you're
going through your voting um, has

929
01:11:59,840 --> 01:12:09,840
changed where you're always making that
motion in the affirmative uh, to grant.

930
01:12:06,560 --> 01:12:13,920
And um so what we're going to do is
we're going to and I'm going to send

931
01:12:10,960 --> 01:12:19,040
these down each take one. Um I just the
voting sheet is going to change and it's

932
01:12:15,840 --> 01:12:24,560
really just assuming that that motion is
always going to be to approve. So then

933
01:12:22,159 --> 01:12:28,960
it's just going to be this voting block
down below where we're going to keep

934
01:12:27,199 --> 01:12:34,400
track of who makes the motion, who
seconds it, and then I keep track of

935
01:12:31,280 --> 01:12:38,800
whether it passes or not. this way. I do
this with the county board as well and

936
01:12:37,040 --> 01:12:42,800
so number one it'll be consistent
between the two and it's uh I think

937
01:12:41,040 --> 01:12:48,800
maybe a little bit more straightforward
and easy for someone to follow. So

938
01:12:45,120 --> 01:12:52,800
anyway um next meeting you'll see this
for planning commission and for board of

939
01:12:50,800 --> 01:12:54,719
adjustment you'll see this voting block
like this.

940
01:12:54,159 --> 01:13:00,080
» Okay.
>> Okay. It won't change your procedure any

941
01:12:57,760 --> 01:13:02,560
just know that this is what we're doing.
>> Otherwise that's all I've got.

942
01:13:01,920 --> 01:13:06,400
» All right. Thank you.
>> Just Mr. Chair, just one thing with that

943
01:13:04,239 --> 01:13:10,800
cuz sometimes I think some of us getting
confused yet. So we always make a motion

944
01:13:08,960 --> 01:13:14,080
to approve. So if I make a motion
approve, I could still say no

945
01:13:12,800 --> 01:13:17,199
» when you vote.
>> Yes.

946
01:13:14,640 --> 01:13:21,280
» So just because somebody made the
motion, that's how we're going to do it

947
01:13:18,560 --> 01:13:24,320
every time. So just understand that.
>> Um I think sometimes it gets a little

948
01:13:23,520 --> 01:13:26,480
confusing.
>> Yep. Agree.

949
01:13:24,880 --> 01:13:28,800
» It's just we all choose that we're just
going to make a motion to approve every

950
01:13:28,080 --> 01:13:32,080
time. Yes.
>> And if it's

951
01:13:30,239 --> 01:13:32,880
» five to zero, no. That's how it is. It's
just

952
01:13:32,560 --> 01:13:40,159
» Yeah.
>> Yes. And so then essentially the motion

953
01:13:35,440 --> 01:13:47,600
fails and by law um the way the law is
set up that a failure to pass it is a

954
01:13:43,360 --> 01:13:51,040
denial. So that's that's how that works
for you.

955
01:13:48,800 --> 01:13:55,600
» All right. That's all I have, Mr. Chair.
>> Yeah. The only thing I got to comment on

956
01:13:53,600 --> 01:13:59,520
with regard to this, it's always kind of
confusing. Now we do our opening

957
01:13:57,199 --> 01:14:03,679
statement. And in our opening statement,
this last paragraph,

958
01:14:01,760 --> 01:14:08,320
we'll have a series of votes, discuss
whether conditions be made, and have a

959
01:14:05,600 --> 01:14:12,159
final motion to approve or deny the
request.

960
01:14:09,440 --> 01:14:15,440
» And we read that to the the public every
time. I'm wondering if we're going to

961
01:14:13,760 --> 01:14:19,040
make that change. Yeah.
>> Do we need to delete that deny?

962
01:14:16,960 --> 01:14:21,360
» I think so. Yes. So, we'll update that.
>> That's always kind of confusing to me

963
01:14:20,239 --> 01:14:24,960
when I go through that going, "Well,
we're going to approve or deny and then

964
01:14:24,080 --> 01:14:29,679
we're not."
>> Yes. Agreed.

965
01:14:27,120 --> 01:14:31,920
» Okay. Uh that's it for new business.
>> Motion to adjurnn.

966
01:14:31,280 --> 01:14:35,920
» Second
>> to adjourn by Clint, second by George.

967
01:14:34,239 --> 01:14:37,520
All in favor starting with Greg.
>> I.

968
01:14:36,880 --> 01:14:38,800
» Marvin
>> I.

969
01:14:37,920 --> 01:14:43,600
» I.
>> Self is I. George

970
01:14:40,159 --> 01:14:46,480
» I. Meeting is adjourned at
7:13