1
00:11:23,120 --> 00:11:28,959
You ready? Okay. All right. I'd like to
call the meeting to order for the Nissa

2
00:11:27,680 --> 00:11:32,800
Planning Commission Board of Adjustment
for Tuesday, November 4th, 2025. Roll

3
00:11:32,000 --> 00:11:34,560
call, please.
>> Sean Weldon,

4
00:11:33,760 --> 00:11:37,920
» Josh Young,
>> Gary Harris, Dave Reese,

5
00:11:36,560 --> 00:11:44,200
» Maggie Wentler,
>> Steven Dimland. Are there any additions

6
00:11:40,399 --> 00:11:44,200
or deletions to the agenda?

7
00:11:53,760 --> 00:11:56,720
» I'll entertain a motion to approve the
agenda.

8
00:11:56,079 --> 00:11:58,560
» So move
>> second.

9
00:11:57,279 --> 00:12:02,320
» All those in favor?
>> I. All those opposed? Motion carries.

10
00:12:00,800 --> 00:12:05,519
Next to approve the meeting minutes for
October 7th, 2025. Are there any

11
00:12:04,320 --> 00:12:08,000
corrections or additions to those
minutes?

12
00:12:06,240 --> 00:12:12,120
» There were none in the packet for today.
We are still compiling those.

13
00:12:12,800 --> 00:12:15,920
Okay. Hearing none, I'll entertain a
motion to approve the minutes.

14
00:12:15,279 --> 00:12:17,600
» So move.
>> Second.

15
00:12:16,639 --> 00:12:20,399
» All those in favor?
>> I.

16
00:12:18,480 --> 00:12:23,600
» All those opposed? Motion carries. Next
item is open form. Is there anyone

17
00:12:22,240 --> 00:12:28,440
present tonight that would like to speak
towards something not on the agenda this

18
00:12:25,440 --> 00:12:28,440
evening?

19
00:12:28,959 --> 00:12:33,839
Move on. Moving on to public hearings.
I'll entertain a motion to open the

20
00:12:33,040 --> 00:12:35,360
public hearing.
>> So move.

21
00:12:34,800 --> 00:12:39,279
» Second.
>> All those in favor?

22
00:12:36,240 --> 00:12:43,279
» I. All those opposed? Motion carries.
Okay.

23
00:12:41,440 --> 00:12:47,040
First item is conditional use permit
application 025-25

24
00:12:45,360 --> 00:12:49,920
to obtain a conditional use permit for
the construction of a new commercial

25
00:12:48,320 --> 00:12:52,959
structure with a dwelling unit above a
commercial use within the highway

26
00:12:51,680 --> 00:12:59,079
business zoning district. Subject
properties located at to be determined

27
00:12:55,279 --> 00:12:59,079
common drive P214663.

28
00:12:59,440 --> 00:13:07,040
Owner applicant Marthaler Deanna Trust
and Kent Marthaler.

29
00:13:05,279 --> 00:13:12,560
I do have an update on this one. I
received an email um request from the

30
00:13:10,399 --> 00:13:19,040
applicant asking to table this once more
and he has also submitted a 1599 waiver

31
00:13:16,000 --> 00:13:24,320
um for the um statutory deadline for a
decision. So um applicant is requesting

32
00:13:21,440 --> 00:13:28,720
at this point a table motion from the
planning commission board of adjustment

33
00:13:27,360 --> 00:13:32,399
» for another month.
>> One more month. Yep. He's changing

34
00:13:30,244 --> 00:13:36,240
[snorts] the he wants to throw in the
addition on this and so he's going to

35
00:13:34,079 --> 00:13:39,360
work to get the architectural renderings
um review of the floor plan to see

36
00:13:38,079 --> 00:13:45,519
whether or not we need to adjust the
septic design and he'll bring additional

37
00:13:41,839 --> 00:13:52,480
submissions for review in December.
>> Good questions.

38
00:13:49,120 --> 00:13:57,120
I'll entertain a motion. I'll move to
table conditional use permit application

39
00:13:54,639 --> 00:14:01,720
025-25
for 30 days or for a month.

40
00:14:02,240 --> 00:14:08,760
» Second.
>> All those in favor?

41
00:14:04,480 --> 00:14:08,760
» I I all oppose. Motion carries.

42
00:14:09,519 --> 00:14:16,800
Next item is variance application 030-25
to obtain a variance of deviate from

43
00:14:14,880 --> 00:14:20,800
maximum tower tower height, maximum
impervious surface and setbacks to

44
00:14:19,120 --> 00:14:24,079
residential zone property lines and
structures within the public and

45
00:14:22,079 --> 00:14:31,240
recreation zoning district. Subject
property is located at 25636 Main

46
00:14:26,720 --> 00:14:31,240
Street, Nisa, Minnesota, P28110763.

47
00:14:31,440 --> 00:14:39,120
Owner applicant Nysa Economic
Development Authority. Woody Crog from

48
00:14:35,920 --> 00:14:42,839
Verizon Wireless.
Would you hear it? Okay.

49
00:14:42,950 --> 00:14:46,160
[clears throat]
>> Make sure the green light is on on the

50
00:14:44,880 --> 00:14:49,360
micro we're pulling that we can hear
you.

51
00:14:46,720 --> 00:14:53,279
» It's on. You should can hear me.
>> Thank you.

52
00:14:50,000 --> 00:14:57,519
» Good evening. uh uh Woody Krogue uh here
representing the applicant Verizon

53
00:14:54,800 --> 00:15:04,480
Wireless uh
uh in this uh variance and uh eventually

54
00:15:01,760 --> 00:15:07,680
the conditional use uh application
that's next on the agenda.

55
00:15:06,079 --> 00:15:10,240
» Yep. Thank you, Stephen. Your staff
report.

56
00:15:08,160 --> 00:15:17,920
» Thank you, chair. So, we have before us
a proposal for a monopole communication

57
00:15:13,519 --> 00:15:21,839
tower. Um first for this um request we
have to handle the variance application

58
00:15:19,920 --> 00:15:28,399
and address any deviations that are
being proposed for this use from local

59
00:15:25,519 --> 00:15:32,000
standards. Um in my analysis I've
determined that there's a few different

60
00:15:29,920 --> 00:15:36,079
variances that would be proposed to be
deviated from. Um the public and

61
00:15:34,000 --> 00:15:40,800
recreation zoning district has a 15%
imperous surface maximum. The survey

62
00:15:38,959 --> 00:15:47,199
provided by the applicant shows the
proposed for two parcels in question

63
00:15:43,680 --> 00:15:52,320
here to be at 47.02%.
Uh the second dimensional deviation

64
00:15:49,519 --> 00:15:58,240
would be for tower height of 190 ft
where 150 is the maximum allowed. The

65
00:15:55,519 --> 00:16:03,279
third would be a variance for setback of
nearest residential zone property of 70t

66
00:16:00,880 --> 00:16:08,079
5 in where 500 ft is required for the
construction of this tower. Fourth, we

67
00:16:05,839 --> 00:16:13,120
have a variance for setback to the
nearest property line of 33 feet 9 in

68
00:16:11,040 --> 00:16:17,839
where 190 ft is required for the
construction of this tower. Uh fifth, we

69
00:16:15,839 --> 00:16:22,560
have a
variance for a setback to the nearest

70
00:16:19,680 --> 00:16:29,120
structure of 9 ft where 190 ft is the
required for maximum or for this to

71
00:16:26,320 --> 00:16:33,360
height sorry. Um, and then the sixth and
final variance that I determined in this

72
00:16:31,040 --> 00:16:38,480
review was for the height of the
security fence to be 8 ft where the

73
00:16:35,680 --> 00:16:42,560
ordinance standard is 6 feet for the max
on an over the counter permit type

74
00:16:40,079 --> 00:16:46,800
process. So those are the variances.
You'll notice in in most of them they

75
00:16:45,199 --> 00:16:52,560
refer to the tower's height. That's due
to local controls in our ordinance that

76
00:16:49,440 --> 00:16:57,519
as tall as a tower is proposed to be, it
should be set back from a property line,

77
00:16:54,800 --> 00:17:03,759
from structures, um, local road,
rightways, and things of that nature.

78
00:17:00,399 --> 00:17:09,919
Um, summarizing to these as the nearest
as being proposed. Um, a little bit of

79
00:17:07,280 --> 00:17:16,319
background on this [snorts] project. It
had been before the city back in 2016 um

80
00:17:13,039 --> 00:17:21,600
and 17 and it was originally being
proposed to be between the Ye old pickle

81
00:17:19,199 --> 00:17:27,039
factory and the ball field. Um that was
later determined to be not feasible um

82
00:17:24,160 --> 00:17:32,160
for communication power due to grant
funding that the city has received for

83
00:17:28,880 --> 00:17:36,320
that land. Um the applicant has then
approached the city of Nisa for an

84
00:17:33,600 --> 00:17:41,360
alternative location to provide better
better cell service to downtown. Um,

85
00:17:39,280 --> 00:17:45,679
this particular topic has been before
the city council and planning commission

86
00:17:43,200 --> 00:17:52,000
a couple times um, since my arrival at
the city here. Um,

87
00:17:49,679 --> 00:17:55,919
talked about the towers height. Uh,
there were other locations that the city

88
00:17:54,080 --> 00:18:00,240
had considered through city council
meetings. Um, there was a cemetery area,

89
00:17:58,320 --> 00:18:06,720
the recent acquired land at the
intersection of 371 and county roads 13

90
00:18:03,120 --> 00:18:12,160
and 77. Um those options were deemed not
as beneficial for coverage.

91
00:18:09,280 --> 00:18:16,720
Um through analysis of propagation data
provided by the applicant. Um the

92
00:18:15,280 --> 00:18:21,440
applicant has stated that there will be
no lights on this tower unless required

93
00:18:18,480 --> 00:18:26,240
by the FAA. Uh the applicant had since
submitted documentation to us that the

94
00:18:23,679 --> 00:18:32,480
FAA is not going to require lights based
on the tower's height. Um, city of

95
00:18:30,000 --> 00:18:36,240
Nisa's zoning ordinance also requires
communication towers to be

96
00:18:34,160 --> 00:18:41,840
self-supported in a monopole fashion and
not be guide towers. Um, so that is what

97
00:18:38,480 --> 00:18:46,720
is proposed in front of you today. Um,
for the security fencing around the

98
00:18:44,080 --> 00:18:51,520
structure and the proposed screening,
um, this is proposed to have cedar board

99
00:18:48,880 --> 00:18:56,080
with galvanized steel fitting. Uh the
tower is proposed to be constructed

100
00:18:53,520 --> 00:19:00,160
using galvanized steel
and a certified statement that the

101
00:18:58,559 --> 00:19:03,120
construction of the tower including
reception and transmission functions

102
00:19:01,520 --> 00:19:07,440
will not interfere with radio,
television or public safety

103
00:19:04,720 --> 00:19:13,200
telecommunications is being required and
has been submitted by the applicant. Um,

104
00:19:10,880 --> 00:19:16,320
I also put in the packet a copy of
division 4 communication towers as it

105
00:19:15,280 --> 00:19:21,679
relates to all of the different
standards that the city um requires

106
00:19:18,640 --> 00:19:25,760
observation of in an application. That's
my two cents from the floor at this

107
00:19:23,600 --> 00:19:34,160
point. Opening for additional questions
that you or the public may have. Okay.

108
00:19:31,200 --> 00:19:40,240
» Okay. Thank you, Stephen. Um, Stephen
kind of touched on most of this, but

109
00:19:36,559 --> 00:19:46,240
I'll uh and uh give a little brief
history of uh how we have arrived where

110
00:19:43,039 --> 00:19:51,360
we are today. Um, as Stephen said, there
was a a lease executed with the city. I

111
00:19:48,640 --> 00:19:56,480
think it was in 17. Uh, for whatever
reason, Verizon never got around to

112
00:19:52,960 --> 00:20:02,720
building it when this uh site came back
into uh to the front burner in 2023.

113
00:20:00,080 --> 00:20:08,240
Uh I inquired with the city about
proceeding and that's when it was

114
00:20:04,640 --> 00:20:13,600
discovered the proposed location with
the equipment near the pickle and one of

115
00:20:10,960 --> 00:20:17,120
the uh light standards at the ball field
being replaced with the pole for the

116
00:20:15,760 --> 00:20:21,679
antennas and then the lights would have
been put back on there. That was it was

117
00:20:19,200 --> 00:20:27,280
the pole that was in the grant area. The
equipment area was not. So we did look

118
00:20:23,840 --> 00:20:31,760
at trying to move the pole closer to the
equipment out of the grant area. We also

119
00:20:29,600 --> 00:20:37,280
looked at the cemetery and the other
property Stephen mentioned.

120
00:20:34,034 --> 00:20:44,159
[clears throat] Um but uh ultimately
with Jenny, former

121
00:20:40,159 --> 00:20:49,039
city planner, I guess uh Jenny Max, we
settled on the fire department location

122
00:20:46,799 --> 00:20:53,739
where we're where have our application
in here today. Um [clears throat]

123
00:20:54,320 --> 00:21:03,840
so that it was the reason we settled on
that location. is the preferred location

124
00:21:00,640 --> 00:21:09,520
is that uh of all the pro proposed
locations, this uh location will provide

125
00:21:07,039 --> 00:21:15,600
the maximum improved coverage and
capacity that Verizon needs for the

126
00:21:12,159 --> 00:21:19,679
downtown area as well as areas of poor
coverage on the outskirts of going going

127
00:21:18,159 --> 00:21:24,640
out of town, I guess, to the north and
the uh the east that the city council

128
00:21:22,504 --> 00:21:30,240
[snorts] had brought to our attention
where they were hoping we could provide

129
00:21:26,880 --> 00:21:40,000
some relief and more coverage in those
areas. So, uh that's also how we got to

130
00:21:34,480 --> 00:21:45,039
the 190 foot uh tall tower uh proposal.
The the higher the tower generally the

131
00:21:42,480 --> 00:21:51,440
further it can transmit and larger
coverage area. Um [clears throat]

132
00:21:48,400 --> 00:21:57,875
so the uh the poll depicted here on the
drawings on sheet T1 of your drawings uh

133
00:21:55,919 --> 00:22:01,760
uh in your packets. [snorts]
[clears throat]

134
00:21:58,720 --> 00:22:08,480
So 190T pole with a 9 ft lightning rod
and keeps us under the 200 ft which

135
00:22:04,480 --> 00:22:12,720
prevents having to light the tower.
uh regarding improved coverage and

136
00:22:10,640 --> 00:22:16,799
capacity in your package. You also have
these uh uh coverage maps, propagation

137
00:22:15,039 --> 00:22:21,039
maps we call them that show the
improvements

138
00:22:18,559 --> 00:22:28,400
from what is existing without the tower
to the what will is proposed with the

139
00:22:24,559 --> 00:22:33,679
new tower. So on the uh
I guess the left here is the existing

140
00:22:31,679 --> 00:22:38,480
the red areas are the bad areas. This
green area down here is the is what's

141
00:22:36,240 --> 00:22:42,880
provided by the tower cover of the
existing site on the north side of the

142
00:22:40,240 --> 00:22:49,200
golf course. You can see with the
proposed tower, all of this new green

143
00:22:45,840 --> 00:22:53,840
and yellow area is all improved coverage
uh that would be provided by this tower.

144
00:22:51,840 --> 00:22:59,280
And you can see how those the golf
course down here and the uh the new

145
00:22:55,679 --> 00:23:05,039
tower here will connect and uh the new
tower will greatly take some of the

146
00:23:02,559 --> 00:23:12,240
stress off of that tower at the golf
course. Um [clears throat] lots of

147
00:23:08,240 --> 00:23:19,120
safety issues with the tower. Um we uh
in speaking with uh Stephen earlier um

148
00:23:15,039 --> 00:23:25,679
if the if the city ever uh wants to uh
see any of the towers get inspected on a

149
00:23:21,520 --> 00:23:31,919
regular basis uh uh and if we can always
supply that latest report uh uh at the

150
00:23:30,000 --> 00:23:37,679
request of the city whenever the city
requests usually it's a two or three

151
00:23:34,159 --> 00:23:42,400
year inspection schedule where all
climbers inspect every bolt and

152
00:23:40,240 --> 00:23:47,120
connection and everything involved with
the tower. Regarding aircraft safety, as

153
00:23:45,039 --> 00:23:51,919
Stephen said, no lights based on our
airspace analysis where we're under that

154
00:23:49,440 --> 00:23:56,320
200 ft. 200 feet or above, you may know
automatically has to have lights with

155
00:23:53,360 --> 00:24:00,640
the FAA. So, 190 plus a 9 foot lightning
rod keeps us under that 200 ft.

156
00:23:59,706 --> 00:24:07,200
» [clears throat]
>> Um radio frequency uh RF safety is a

157
00:24:05,200 --> 00:24:12,080
common concern in regard to
environmental effects such as [snorts]

158
00:24:09,039 --> 00:24:19,356
uh health public health uh federal
agencies

159
00:24:13,840 --> 00:24:23,941
SEC and others USDA uh OSHA etc uh are
[clears throat] the scientific experts

160
00:24:20,640 --> 00:24:29,600
on RF safety standards and uh
[clears throat] the telecommunications

161
00:24:25,520 --> 00:24:33,840
act in 1996 expressly uh prohibits local
authorities from considering those

162
00:24:32,240 --> 00:24:39,440
issues as part of the permitting
process. Uh [clears throat] the act was

163
00:24:37,760 --> 00:24:44,240
submitted in your in your packets on
page 117. There's a highlighted

164
00:24:41,760 --> 00:24:50,320
paragraph that uh covers what I'm
talking about there. Um so with uh

165
00:24:48,480 --> 00:24:56,159
considering this information, Verizon
respectfully requests approval of the uh

166
00:24:53,760 --> 00:25:00,159
variance application
and uh getting a little ahead of myself.

167
00:24:58,640 --> 00:25:04,559
the conditional use application coming
up next.

168
00:25:02,320 --> 00:25:09,320
» Thank you. Is there anyone that would
like to make a public comment towards

169
00:25:06,080 --> 00:25:09,320
this application?

170
00:25:11,279 --> 00:25:15,840
Hearing none, I'll close public
comments.

171
00:25:14,080 --> 00:25:19,080
Commissioner member comments. Do we have
any questions?

172
00:25:20,240 --> 00:25:25,080
» Well, Mine's only the health concern. I
guess I

173
00:25:25,840 --> 00:25:34,720
know if there's any health concerns. Oh,
it seems like they certainly uh between

174
00:25:30,559 --> 00:25:38,400
the city and the and the Verizon people,
we

175
00:25:36,480 --> 00:25:43,440
had due diligence in trying to locate
other other spots for the tower. Uh

176
00:25:42,080 --> 00:25:49,279
appears that they've been pretty much
exhausted, but um we need three

177
00:25:46,720 --> 00:25:55,039
variances tonight. Is that correct?
Three separate ones.

178
00:25:51,440 --> 00:26:00,159
So there was six total bullet points
being varied from um you could choose to

179
00:25:58,240 --> 00:26:03,159
address them individually or
collectively.

180
00:26:04,080 --> 00:26:08,640
» Collectively.
>> I just have a couple questions maybe for

181
00:26:07,120 --> 00:26:13,360
you since this is being brought up here
again. So when you're at the city

182
00:26:10,799 --> 00:26:17,360
council, um
the tower that the fire department's

183
00:26:15,200 --> 00:26:22,000
using currently for the repeater will be
able to take that tower down and put on

184
00:26:19,600 --> 00:26:24,880
yours. Correct. Is that still the plan?
>> We did discuss that. Yes, sir.

185
00:26:23,808 --> 00:26:31,120
[clears throat and cough]
Um, but uh there through the course of

186
00:26:28,880 --> 00:26:37,840
the conversations, the fire department
uh or I'm not sure exactly who uh uh

187
00:26:35,360 --> 00:26:42,240
decided they didn't want to move
anything off of the existing poles back

188
00:26:40,400 --> 00:26:44,880
there onto the new tower.
>> Okay. What about the

189
00:26:43,440 --> 00:26:48,559
» So, we're not taking down the old
towers. No.

190
00:26:45,600 --> 00:26:53,760
» Okay. What about the generator system?
>> And we would Verizon will have their own

191
00:26:51,600 --> 00:27:00,159
generator as well. Not we're not going
to use the that was also decided to not

192
00:26:56,799 --> 00:27:04,559
share a generator from on the city side.
>> As I recall something

193
00:27:03,279 --> 00:27:07,200
» that's been brought up and talked about,
but I haven't heard what the outcome is

194
00:27:06,480 --> 00:27:12,240
on those.
>> As I recall, when when Woody and I were

195
00:27:10,159 --> 00:27:16,559
speaking, it was his legal counsel that
said that that was not opportunistic to

196
00:27:14,320 --> 00:27:20,880
be sharing a shared feature.
>> Correct.

197
00:27:18,080 --> 00:27:26,240
» Yeah. And then the only other thing with
the lighting on that um because we do

198
00:27:23,840 --> 00:27:31,919
land helicopters there, I would want to
double check with North and uh lifelink

199
00:27:29,520 --> 00:27:36,640
what they actually might prefer to have
that lit. Uh we just landed one there

200
00:27:34,240 --> 00:27:43,440
within the last couple weeks.
>> Sure. So along those lines, um we can do

201
00:27:40,480 --> 00:27:49,520
what's called voluntarial voluntarily
lighting uh which you know if uh you if

202
00:27:47,039 --> 00:27:54,399
the city decides that they would prefer
a light on it, you know, uh we can

203
00:27:52,400 --> 00:27:57,840
certainly add that if that
>> Yeah, I would just say Stephen that

204
00:27:55,840 --> 00:28:00,240
would be something for you to reach out
to both of them and see what their

205
00:27:59,120 --> 00:28:04,880
preference would be on that.
>> Well, that certainly could be something

206
00:28:01,520 --> 00:28:09,520
that we discuss here. Um, our ordinance
specifically states that they shall not

207
00:28:06,960 --> 00:28:13,840
have lighting. Um, so I suppose we could
add that to

208
00:28:11,760 --> 00:28:17,679
the discussion tonight and see whether
or not that's another thing that we want

209
00:28:15,440 --> 00:28:25,919
to
vary from in this case. Um, wasn't

210
00:28:22,000 --> 00:28:31,919
specifically noticed. Um, but it was
proposed that the communication tower

211
00:28:28,000 --> 00:28:35,039
had some dimensional deviations. Um,
>> so I I think

212
00:28:33,200 --> 00:28:38,960
» I would say that's a question we want to
push back to North and Lifelink to have

213
00:28:37,520 --> 00:28:43,679
answered for us.
>> Okay. Could we propose language as a

214
00:28:41,919 --> 00:28:48,720
structured condition to this variance
approval that prior to Lanny's permit

215
00:28:46,080 --> 00:28:54,799
issuance, we get the affirmation from
um, who was it again? Did you say

216
00:28:51,760 --> 00:28:58,039
» North Memorial and LifeLink come in and
out of there?

217
00:29:03,200 --> 00:29:11,600
So something along the lines of
um

218
00:29:09,520 --> 00:29:15,760
let the determination of whether a light
be present or not be based upon feedback

219
00:29:14,480 --> 00:29:22,240
received from North Memorial and
Lifelink for or against.

220
00:29:20,000 --> 00:29:26,600
» Yeah, I I think that needs to be a
legitimate question that needs to be

221
00:29:23,600 --> 00:29:26,600
asked.

222
00:29:47,440 --> 00:29:58,000
So, uh I just have a question on that.
So if we proceed if after you're in u

223
00:29:54,240 --> 00:30:02,960
research uh can we have a vote tonight
with that being a condition of the of

224
00:30:00,240 --> 00:30:05,960
the vote? Okay.
>> Yep.

225
00:30:09,679 --> 00:30:18,480
Besides the the letter from Larry Stark
uh regarding the tower, did you have any

226
00:30:16,640 --> 00:30:20,640
other feedback from any other community
members?

227
00:30:19,039 --> 00:30:24,080
» That was the only public comment that I
received in regards to this.

228
00:30:22,000 --> 00:30:29,200
» Okay. And that right he asked about an
antenna tree rather than the tower.

229
00:30:26,720 --> 00:30:33,200
» Yeah. Upon receipt of that, my my
interpretation is that would be like

230
00:30:30,799 --> 00:30:36,080
towers that look kind of like a tree. Um
>> Yep.

231
00:30:34,720 --> 00:30:42,679
We don't have any other native
vegetation that is that tall being one

232
00:30:38,320 --> 00:30:42,679
consideration in the wings but

233
00:30:42,720 --> 00:30:49,520
» and that's not feasible.
>> Not not at that height of you know

234
00:30:47,039 --> 00:30:54,880
that's two two and a half times higher
than the highest tree around and it's

235
00:30:51,919 --> 00:30:59,240
yeah it's just it would be
uh ideal killer actually.

236
00:30:59,760 --> 00:31:06,679
Okay.
Gary, do you have any questions?

237
00:31:07,279 --> 00:31:14,399
» No, I think we should we have to deal
with these five questions and the

238
00:31:12,080 --> 00:31:17,520
findings affect the issue of variances,
but I think we're we should be doing

239
00:31:16,320 --> 00:31:22,159
this collectively rather than
individually because they're all going

240
00:31:19,279 --> 00:31:25,520
to virtually be the same, I would think.
Yeah.

241
00:31:24,159 --> 00:31:28,240
» Just to reiterate, you didn't hear back
from Hills Crossing or any

242
00:31:26,640 --> 00:31:31,520
representative from Hills Crossing?
>> No.

243
00:31:28,960 --> 00:31:39,039
» Okay. Yeah. I'm fine with doing it
collectively if that's appropriate.

244
00:31:35,440 --> 00:31:42,559
Seems like it is.
So, how we do a variance application is

245
00:31:41,200 --> 00:31:46,720
I have to go through these specific
questions as we go down and then it's a

246
00:31:44,720 --> 00:31:51,519
yes or no from from the members here.
So, um number one is the variance in

247
00:31:49,360 --> 00:31:57,799
harmony with the purpose and intent of
the ordinance and comprehensive plan.

248
00:31:54,320 --> 00:31:57,799
Yes or no?

249
00:31:59,279 --> 00:32:05,279
» It is. It's, you know, it's part of the
downtown

250
00:32:02,799 --> 00:32:09,840
process, the urban urban lifestyle. So,
I mean,

251
00:32:07,600 --> 00:32:14,559
facilitating business and
communications.

252
00:32:12,480 --> 00:32:18,720
» Okay, Sean, do you agree?
>> I agree.

253
00:32:15,360 --> 00:32:21,600
» All right. Uh, number two, is the
property owner proposing to use the

254
00:32:20,240 --> 00:32:26,760
property in a reasonable manner not
permitted by the city of Nisa court of

255
00:32:23,760 --> 00:32:26,760
ordinances?

256
00:32:26,960 --> 00:32:33,760
» Can only be used for one purpose. Yeah.
>> Yes,

257
00:32:31,039 --> 00:32:38,799
» I agree.
>> Yes.

258
00:32:36,399 --> 00:32:45,000
» I say the per the poll is it can only be
used for one purpose and that's comm

259
00:32:40,880 --> 00:32:45,000
telecommunication. So

260
00:32:46,640 --> 00:32:51,519
» number three is a need for the variance
due to circumstances unique to the

261
00:32:50,000 --> 00:32:54,519
property not created by the property
owner.

262
00:32:56,880 --> 00:33:05,600
» I'd say it is because We've tried
alternate locations.

263
00:33:02,080 --> 00:33:11,519
Um, this is getting to be about the only
spot that it'll work. So,

264
00:33:08,960 --> 00:33:14,640
» agree.
>> Uh, number four, will the issuance of a

265
00:33:13,279 --> 00:33:18,279
variance maintain the essential
character of the locality?

266
00:33:20,320 --> 00:33:28,120
» It will. The character of downtown is is
unique in its own right. So,

267
00:33:28,559 --> 00:33:34,080
John
>> three sorry

268
00:33:32,080 --> 00:33:37,200
» and five uh does the need for the
variance involve more than economic

269
00:33:35,600 --> 00:33:40,960
considerations
>> obviously yes

270
00:33:38,480 --> 00:33:46,640
» yeah agree
>> okay

271
00:33:43,200 --> 00:33:50,519
and no other pertinent findings
I'll entertain a motion

272
00:33:52,399 --> 00:34:01,360
I'll I'll move um
for approval

273
00:33:57,360 --> 00:34:08,480
of variance application 0 D 030-25
to obtain a variance to six variance six

274
00:34:04,399 --> 00:34:16,960
bullet pointed items as as listed in the
U planners report and the findings of

275
00:34:12,720 --> 00:34:23,599
fact there's six items uh all each one
requiring a variance

276
00:34:20,560 --> 00:34:28,000
and uh
all all be according to the findings of

277
00:34:25,679 --> 00:34:36,399
act and the conditions. There's there's
conditions shown on in the report as

278
00:34:32,320 --> 00:34:41,280
well. There's four that are listed and
then the fifth one would be I don't know

279
00:34:38,720 --> 00:34:45,599
what the the explanation would be for
the lighting. We're going to make that a

280
00:34:43,760 --> 00:34:48,000
condition. Correct.
>> You want me to help you out and state

281
00:34:47,200 --> 00:34:53,119
what I have written down?
>> Yes. Okay. Um condition number five that

282
00:34:51,440 --> 00:34:58,640
the lighting determination to be based
upon a determination from North Memorial

283
00:34:56,240 --> 00:35:02,400
and light as to the presence for or
against

284
00:35:00,160 --> 00:35:05,400
lighting requirements.
>> Agreed.

285
00:35:08,160 --> 00:35:14,880
» Right. Did we get that?
>> Second.

286
00:35:12,800 --> 00:35:18,599
» All those in favor? I
>> and I will oppose.

287
00:35:19,760 --> 00:35:27,520
All right, motion passes.
Uh, next item is conditional use permit

288
00:35:25,520 --> 00:35:31,359
application 031-25
to obtain a conditional use permit for

289
00:35:29,200 --> 00:35:35,520
the construction of 190 ft monopole
communication tower within the public

290
00:35:33,359 --> 00:35:42,280
and recreation zoning district. Accepted
properties located at 25636 Main Street,

291
00:35:38,240 --> 00:35:42,280
Niswah, Minnesota. P28110763.

292
00:35:42,480 --> 00:35:49,040
Uh, owner applicant NISA Economic
Development Authority. Woody Crog of

293
00:35:46,560 --> 00:35:55,480
Verizon Wireless. [clears throat]
So this is just a

294
00:35:52,480 --> 00:35:55,480
normal.

295
00:35:56,320 --> 00:36:02,960
» So now that we are past the variance, so
we're no longer um analyzing deviation

296
00:36:01,200 --> 00:36:07,839
from local ordinances. Now we're
evaluating the use impacts and trying to

297
00:36:05,520 --> 00:36:13,119
mit mitigate them if possible through
conditioning. Um so in my staff report

298
00:36:11,200 --> 00:36:16,320
for the CUP
um the nature of the request is a

299
00:36:15,119 --> 00:36:20,480
conditional use permit for the
communication tower which isn't allowed

300
00:36:18,160 --> 00:36:24,400
use through a conditional use per path
conditional use permit pathway in the

301
00:36:22,800 --> 00:36:28,560
public and recreation zoning district
which fits the zoning designation of the

302
00:36:26,400 --> 00:36:35,760
subject property.
um there are

303
00:36:32,079 --> 00:36:39,839
minimal ways to um mitigate impact
sitewise like screening wise for such a

304
00:36:38,320 --> 00:36:45,440
structure. So our ordinance has
standards that the color of theru of the

305
00:36:42,960 --> 00:36:51,520
structure be either light blue or
generally blending in with the

306
00:36:48,400 --> 00:36:56,400
um sky behind it. Um whether it's blue
sky, gray sky. So I think that the

307
00:36:52,960 --> 00:37:04,640
galvanized steel is as close without
requiring painting of the structure um

308
00:37:00,000 --> 00:37:10,720
to what you might see behind it. Um
it is proposed to have a security fence

309
00:37:06,800 --> 00:37:17,760
around it which will um deter any type
of um violation of that compound. uh

310
00:37:15,359 --> 00:37:24,000
there's a lease that would be needing to
be executed between the city and the

311
00:37:20,880 --> 00:37:29,839
applicant in this case for
utilization and maintenance of that

312
00:37:25,520 --> 00:37:35,599
tower and its facilities. Um
and we had had evaluated other locations

313
00:37:33,599 --> 00:37:39,400
none of them seeming feasible in this
case. Um,

314
00:37:42,400 --> 00:37:48,599
basically it other than what other
things we've discussed tonight.

315
00:38:02,240 --> 00:38:05,240
Okay.

316
00:38:09,440 --> 00:38:15,000
Do we have any feedback for Stephen on
some potential conditions?

317
00:38:18,800 --> 00:38:25,200
» Do not
what was your analysis with regards to

318
00:38:22,640 --> 00:38:33,200
screening?
Uh, I think that the um proposed height

319
00:38:29,440 --> 00:38:37,280
of the security fence around it was a
good bonus from the applicant as a

320
00:38:35,440 --> 00:38:44,960
suggestion. They're also volunteering
the cedar board for for that. Um,

321
00:38:42,880 --> 00:38:47,520
how do you screen 190T tower?
>> Yeah.

322
00:38:46,560 --> 00:38:51,040
Seven. What is that? Seven.
>> Best 17 stories tall. I mean, that's

323
00:38:49,599 --> 00:38:55,839
that's height, isn't it?
>> Yeah. Um,

324
00:38:53,040 --> 00:39:00,800
can I say say a word on that?
>> Um, I think your ordinance requirement

325
00:38:58,320 --> 00:39:08,079
is six foot on the fence. So, we're
we're suggesting make it 8 ft, which

326
00:39:04,400 --> 00:39:12,720
will con at least conceal the equipment
on the ground and all you'll be seeing

327
00:39:10,720 --> 00:39:17,280
sticking [snorts] above the fence is the
pole itself. So,

328
00:39:15,359 --> 00:39:23,280
» so you are putting cedar up on
>> Yeah. 8 foot rather than the six foot

329
00:39:19,520 --> 00:39:30,079
required by the code.
And uh we also kind of had it slid

330
00:39:27,119 --> 00:39:35,599
to the side of the fire department
building so it's it's going to be barely

331
00:39:32,960 --> 00:39:40,920
be noticeable. The base of the tower
will be barely noticeable from the from

332
00:39:37,680 --> 00:39:40,920
the street.

333
00:39:43,520 --> 00:39:47,400
» Any other questions, comments?

334
00:39:47,520 --> 00:39:57,119
Y being none, I'll entertain a motion.
I'll move for approval of conditional

335
00:39:53,040 --> 00:40:01,280
use permit application 031-25
to obtain a conditional use permit for

336
00:39:59,200 --> 00:40:07,680
construction of the 190T monopole
communication tower uh etc etc according

337
00:40:04,640 --> 00:40:15,599
again according to the findings of fact
and the planners report and

338
00:40:13,119 --> 00:40:18,400
no conditions I guess other than you've
agreed to a taller fence that's about it

339
00:40:17,760 --> 00:40:23,880
right
>> there are four potential conditions in

340
00:40:19,920 --> 00:40:23,880
my part. Okay.

341
00:40:24,000 --> 00:40:29,760
» Uh, one pause I forgot to take. I
because I I did it in the first, but I

342
00:40:28,320 --> 00:40:34,960
should offer it in the second. Is there
anyone in the audience that would like

343
00:40:30,880 --> 00:40:41,680
to make a a public comment regarding the
conditional use permit application?

344
00:40:38,480 --> 00:40:45,520
Okay. Just wanted to have that there.
Thank you.

345
00:40:44,000 --> 00:40:51,839
All right. So, we got that. We got the
conditions

346
00:40:47,280 --> 00:40:51,839
» back the conditional as presented.

347
00:40:51,920 --> 00:40:59,000
Second.
>> All those in favor I. All those opposed

348
00:40:56,000 --> 00:40:59,000
me.

349
00:41:00,560 --> 00:41:04,680
» Thank you.
>> Okay. Thank you.

350
00:41:07,040 --> 00:41:14,079
» Uh, next item is variance application
032-25 to obtain a variance to construct

351
00:41:12,160 --> 00:41:17,280
a detached garage with reduced property
line setback within the shoreline

352
00:41:15,440 --> 00:41:23,040
residential zoning district. Subject
property is located at 4354 Mission

353
00:41:19,680 --> 00:41:27,760
Road, PD 2834571.
Owner applicant, Lakeland 5 Development

354
00:41:25,040 --> 00:41:31,319
LLC, Jordan Severance is a
representative here.

355
00:41:37,280 --> 00:41:43,200
» I'm Jordan Severance, uh, representing
Lakeland 5 Development, seeking uh,

356
00:41:41,760 --> 00:41:46,960
approval for this variance.
>> Yeah, thank you. Stephen, your staff

357
00:41:44,960 --> 00:41:52,800
report. Thank you chair. So we have
before us a application for variance

358
00:41:49,599 --> 00:41:57,920
again for a detached accessory structure
within the um minimum setback distance

359
00:41:56,000 --> 00:42:03,359
from a property line. Applicant is
proposing to put a 1,856

360
00:42:01,040 --> 00:42:07,359
ft detached accessory structure 11 ft
from the property line where the

361
00:42:04,960 --> 00:42:11,920
ordinance dimensional standard is 30
feet for structures exceeding 1,200

362
00:42:09,760 --> 00:42:18,079
square feet in size.
Um so that would be the deviation aspect

363
00:42:14,800 --> 00:42:23,599
of this. Um the structure is proposed to
be served by limited use. Um holding

364
00:42:21,520 --> 00:42:28,079
tank system which is less than 150
gallons per day for usage. Inside the

365
00:42:26,079 --> 00:42:32,079
structure there's proposed to be just a
bathroom. No living quarters. So we're

366
00:42:29,760 --> 00:42:37,839
not permitting a second structure
containing living quarters in this ask.

367
00:42:34,160 --> 00:42:41,440
It's just uh accessory use. Um the
wetland identification has not been

368
00:42:39,599 --> 00:42:45,359
submitted to the city for the review,
although the national wetland inventory

369
00:42:43,359 --> 00:42:49,119
layer does not depict any wetlands to be
present on the subject property. Uh

370
00:42:47,839 --> 00:42:53,359
condition has been listed for this
evaluation to be performed and a

371
00:42:51,200 --> 00:42:58,480
delineation or no wetland letter to be
submitted to the city. Um in this

372
00:42:56,319 --> 00:43:03,349
application, the applicant has taken
storm water management mitigatory

373
00:43:00,960 --> 00:43:07,680
efforts and proposed a um
[clears throat] landscaping plan and

374
00:43:04,560 --> 00:43:14,240
areas for storm water retention.
Um, that's what I have in my staff

375
00:43:10,720 --> 00:43:18,160
report. Opening it up to public and
applicants.

376
00:43:15,760 --> 00:43:22,400
Okay. Would you guys give a brief
overview of the proposal?

377
00:43:19,760 --> 00:43:29,040
» Uh, so we're looking to put a detached
structure on the property. Um, we're

378
00:43:25,920 --> 00:43:33,760
wanting to get within the setback that's
uh stated by the ordinance just because

379
00:43:31,200 --> 00:43:39,839
of various circumstances on the property
itself. um the

380
00:43:37,119 --> 00:43:44,880
southbound neighbor um to us their
driveway is encroaching on our property

381
00:43:42,400 --> 00:43:49,760
um to an extent which is limiting where
we're able to put the detach building

382
00:43:47,040 --> 00:43:54,160
and then also the nature of the lot uh
narrows from 100 ft down to 80 ft

383
00:43:51,839 --> 00:44:00,240
towards the road. Um so we're kind of
limited as far as where our location is

384
00:43:56,560 --> 00:44:05,920
at to be able to uh get the desired size
of the structure that we're looking for.

385
00:44:04,079 --> 00:44:10,560
Okay.
>> Is there anyone like to make a public

386
00:44:07,760 --> 00:44:16,319
comment regarding this application?
>> State your name and address. Great.

387
00:44:12,480 --> 00:44:22,240
» Yep. Mike Dan, 411 7 Sunset B Road. I'm
a joining neighbor to him. I don't got

388
00:44:19,040 --> 00:44:27,200
nothing against Charlie, but
I thought if you want to get some kind

389
00:44:24,640 --> 00:44:32,079
of a setback or variance, it had to be
some kind of a hardship.

390
00:44:29,440 --> 00:44:36,400
There is no hardship here because but I
believe you're selling the property,

391
00:44:33,280 --> 00:44:41,040
right? It's is sold, right? So what's
the hardship?

392
00:44:38,240 --> 00:44:46,000
So now I got to look at a building. He's
profiting off this. And if you let this

393
00:44:43,920 --> 00:44:49,839
go through, you know, not allowing him
to have the 30ft set back, you open up a

394
00:44:48,160 --> 00:44:54,319
can of worms because I know two other
neighbors that want to do that with

395
00:44:51,040 --> 00:44:58,160
these lots and I'll be the third one.
and I and I can put up a lot of pole

396
00:44:56,160 --> 00:45:03,040
buildings on my property and maybe I'll
do that and then I'll just sell my

397
00:45:00,480 --> 00:45:08,079
property and leave too. Now, Mission
Road is a beautiful scenery area. This

398
00:45:05,920 --> 00:45:11,079
is going to junk it up and we don't want
that.

399
00:45:12,160 --> 00:45:23,440
And I think Dresser has a letter, too.
>> Sorry. Yeah, we did receive a a letter

400
00:45:19,040 --> 00:45:27,599
from Grasser and um his legal counsel.
And I just know found out about this

401
00:45:25,200 --> 00:45:32,400
last week. I got the letter in the mail.
I was in Pan Canal for 18 days. Lucky I

402
00:45:30,480 --> 00:45:36,640
got back a week early or I wouldn't even
known about this. When I was trying to

403
00:45:34,319 --> 00:45:40,480
build my property, you guys said it
would take 6 months for me to get a

404
00:45:38,079 --> 00:45:43,680
permit unless I stayed with the original
uh subject. They're already breaking

405
00:45:42,560 --> 00:45:46,640
ground. They're almost ready to pour
concrete

406
00:45:45,520 --> 00:45:50,800
there. I don't know if you guys all
visited the site yet.

407
00:45:48,800 --> 00:45:55,760
Yeah, it's quite the eyesore. That's all
I got. Okay.

408
00:45:53,440 --> 00:45:59,960
Any other questions, comments? Come to
the podium and state your name.

409
00:46:02,166 --> 00:46:04,186
[clears throat]

410
00:46:04,400 --> 00:46:10,240
» Good evening. My name is Jessica Brigman
and I'm with the law firm of Spencer

411
00:46:08,079 --> 00:46:13,760
Feain. I'm here tonight on behalf of
Mike and Amy Gesser to respectfully ask

412
00:46:12,480 --> 00:46:17,520
that the planning commission and board
of adjustment deny the variance request

413
00:46:15,359 --> 00:46:21,440
by Lakeland 5 Development. My clients
would be here tonight, but Mrs. ressor

414
00:46:19,200 --> 00:46:24,880
had underwent surgery yesterday and is
unable to travel and they thank you for

415
00:46:22,960 --> 00:46:28,880
your understanding.
As stated in our previously submissed

416
00:46:26,960 --> 00:46:32,079
submitted statement of opposition, the
applicant has not met the legal

417
00:46:30,319 --> 00:46:36,560
standards required by the city's zoning
code to be granted a variance. The

418
00:46:34,480 --> 00:46:39,760
30-foot step setbacks in the Nysa
ordinances exist to protect the

419
00:46:38,079 --> 00:46:45,200
character of the neighborhood, preserve
open space, and uphold environmental

420
00:46:42,800 --> 00:46:49,359
safeguards. Placing a pole shed within
11 feet of the property line is a major

421
00:46:47,280 --> 00:46:53,839
deviation from the purposely thought out
existing setbacks of 30 feet. Review of

422
00:46:52,480 --> 00:46:57,359
the property on which the variance is
being sought shows there are available

423
00:46:55,440 --> 00:47:00,560
alternative sites. Additionally,
adjusting the driveway placement would

424
00:46:58,800 --> 00:47:03,920
meet the setback requirements.
Alternatively, if the applicant was

425
00:47:02,800 --> 00:47:07,680
willing to reduce the size of the
building's footprint or driveway, a new

426
00:47:05,839 --> 00:47:11,200
pole shed could be placed at the
proposed location within the current

427
00:47:08,960 --> 00:47:16,240
setback requirements. In short, there
are multiple reasonable alternatives to

428
00:47:12,960 --> 00:47:19,599
granting a variance.
What concerns us in addition is in light

429
00:47:18,160 --> 00:47:23,599
of the reasonable alternatives appears
this is a request. This request is one

430
00:47:21,280 --> 00:47:27,280
of economic convenience. M Minnesota
state law is very clear that economic

431
00:47:25,680 --> 00:47:32,640
convenience is not a permissible reason
to grant a variance. The choice of the

432
00:47:29,520 --> 00:47:37,280
proposed location over those others seem
intended to minimize construction costs

433
00:47:34,560 --> 00:47:40,480
or p preserve preferred yard space and
not due to a legitimate hardship or

434
00:47:38,800 --> 00:47:45,280
unique physical characteristics of the
property. Lakeland 5 development has not

435
00:47:43,280 --> 00:47:48,560
demonstrated any practical difficulty or
unique physical condition that justifies

436
00:47:46,960 --> 00:47:51,760
granting this variance. They have not
shown that this request is based on

437
00:47:50,640 --> 00:47:55,680
anything other than economic
convenience. Our other concern is that

438
00:47:53,839 --> 00:47:59,440
the approval in this case would set an
unfavorable precedent, weakening the

439
00:47:57,599 --> 00:48:02,560
weakening the integrity of the zoning
framework and inviting further

440
00:48:00,960 --> 00:48:05,920
non-compliant development that would
degrade the quality and character of the

441
00:48:04,160 --> 00:48:08,800
neighborhood. For these reasons, we
respectfully request that you deny this

442
00:48:07,520 --> 00:48:12,400
variance in order to uphold the
integrity of NISWA's ordinances and

443
00:48:10,960 --> 00:48:17,800
remain compliant with Minnesota state
law. Thank you for your time.

444
00:48:14,560 --> 00:48:17,800
» Thank you.

445
00:48:18,720 --> 00:48:27,599
Any other questions, comments? Right,
I'll close public comment.

446
00:48:26,160 --> 00:48:30,599
» Uh, do we have any questions for the
applicant?

447
00:48:33,760 --> 00:48:41,599
» Could it be placed somewhere else
besides that spot?

448
00:48:38,800 --> 00:48:46,000
» Not from any of the the other locations
that we were kind of looking at for it.

449
00:48:43,200 --> 00:48:50,640
that was the most most reasonable
location for it to have the least impact

450
00:48:48,400 --> 00:48:55,200
as far as tree removal any stuff like
that. There was a total of 10 trees that

451
00:48:52,880 --> 00:48:58,720
we were looking at removing for it. Um
we had started doing block clearing and

452
00:48:57,440 --> 00:49:02,400
stuff. There was no permit that was
required to be able to do that. So we

453
00:49:00,240 --> 00:49:05,599
had taken down four trees that were
already damaged in the storms in the

454
00:49:03,839 --> 00:49:09,359
last couple of months that were broken
off and dead and then three other

455
00:49:07,200 --> 00:49:12,960
smaller trees that were removed. Um, so
we had reduced the number of trees that

456
00:49:11,040 --> 00:49:18,800
we were ended up needing to taken down
for the the location of the site. Um, so

457
00:49:16,079 --> 00:49:22,800
far it's just been uh a little bit of
the top soil grading and that little bit

458
00:49:21,119 --> 00:49:26,960
of tree removal. Um, that's kind of the
progress that's been made on it. Um,

459
00:49:24,880 --> 00:49:30,319
simply because if the variance here
doesn't go through, then we can still do

460
00:49:28,640 --> 00:49:35,359
a quick conferment for a smaller
structure. But, um, we're actually

461
00:49:32,880 --> 00:49:40,400
trying to get the building at a a 15t
setback, not 11. Um the survey showed 11

462
00:49:38,480 --> 00:49:45,119
feet on there, but I believe the I think
the application had 15 on there.

463
00:49:42,480 --> 00:49:49,680
» The application depicts a dimension of
11 ft from the property.

464
00:49:46,960 --> 00:49:53,440
» 15 ft is actually the setback that we're
looking for for it. So we're not trying

465
00:49:51,040 --> 00:49:57,839
to push that all the way to the the 10ft
set back from the 30. We're trying to go

466
00:49:55,040 --> 00:50:01,599
to about 15 ft. And that was the space
that we thought was reasonable for uh

467
00:50:00,160 --> 00:50:05,839
the size of the building and the
location of everything else on the

468
00:50:02,880 --> 00:50:09,599
property.
The dimensions that I show on the actual

469
00:50:08,079 --> 00:50:13,680
internal
uh component of this structure are 32x

470
00:50:12,559 --> 00:50:18,640
58. Is that correct?
>> That's correct.

471
00:50:15,200 --> 00:50:22,240
» And if 15 ft were to be considered,
would you be able to provide an updated

472
00:50:20,800 --> 00:50:25,720
certificate of survey?
>> Yes.

473
00:50:22,720 --> 00:50:25,720
» Yep.

474
00:50:28,960 --> 00:50:34,079
Uh, you had mentioned that on the south,
is it the southward end that you said

475
00:50:32,480 --> 00:50:36,319
there's an encroachment from a driveway
from a neighbor?

476
00:50:34,800 --> 00:50:40,800
» There is. I
>> correct.

477
00:50:36,640 --> 00:50:45,839
» Okay, I'm seeing that here. Mhm.
>> Doesn't look like that'd be enough of an

478
00:50:42,400 --> 00:50:50,640
encroachment to to really alter a
building location on your property. But

479
00:50:48,559 --> 00:50:54,640
» it's an encroachment just because of how
it limits our driveway location for it,

480
00:50:52,640 --> 00:50:59,359
which also then limits the availability
for building locations.

481
00:50:57,760 --> 00:51:03,599
» But the setbacks are from the property
line, not from their driveway. So their

482
00:51:01,839 --> 00:51:08,480
driveway can be moved.
>> Yeah. And I It's a public or a private

483
00:51:06,000 --> 00:51:12,880
road. It's not a specific driveway to
one location. I believe there's three

484
00:51:10,319 --> 00:51:17,119
houses that are pertaining to that one.
So, I I don't know how that plays into

485
00:51:15,280 --> 00:51:20,640
it as far as with it not being just a
private driveway but a private road

486
00:51:19,040 --> 00:51:26,480
itself.
If you relocated your driveway,

487
00:51:23,680 --> 00:51:29,520
pushed it over further south the
driveway.

488
00:51:27,119 --> 00:51:34,960
» Mhm. Then couldn't you flip the building
the other direction and then end load or

489
00:51:32,640 --> 00:51:39,559
lo have your driveway the entrance to it
coming from the east rather than the

490
00:51:36,559 --> 00:51:39,559
south.

491
00:51:40,240 --> 00:51:45,280
» You know that it's still it may have to
make that building a little smaller, but

492
00:51:43,599 --> 00:51:49,119
you'll you'll get it over closer to the
driveway if you move your driveway left.

493
00:51:47,359 --> 00:51:53,599
» Right. And the building location that we
have is more or less where the the

494
00:51:52,000 --> 00:51:58,559
driveway is currently furthest to the
south as it sits on the property. that's

495
00:51:56,319 --> 00:52:03,599
the the furthest south that the driveway
is at on the property. Um, and I said

496
00:52:01,760 --> 00:52:06,800
the the lot narrows from 100 ft down to
80 ft, which is just kind of

497
00:52:04,800 --> 00:52:11,920
constricting us as we get closer to the
road there.

498
00:52:08,960 --> 00:52:15,280
And we're trying to do this
partway down the property. We're not

499
00:52:13,520 --> 00:52:19,680
trying to do it up uh kind of towards
the lake. You know, it's not not meant

500
00:52:17,359 --> 00:52:26,160
to be an isore from the lake or anything
like that. That's just a a residential

501
00:52:23,680 --> 00:52:29,160
detached garage with a workshop in it.
So,

502
00:52:30,240 --> 00:52:34,720
» uh Sean or Gary, were you able to go out
there before?

503
00:52:33,359 --> 00:52:40,559
» I was. I was out there today.
>> I took a look yesterday. Okay. Um, it

504
00:52:38,319 --> 00:52:45,599
was hard to tell what was going on with
one of the letters that was submitted uh

505
00:52:43,760 --> 00:52:49,119
was talking about the possibility that
you've been grading over on off of your

506
00:52:47,520 --> 00:52:52,240
property onto the neighbor, but I don't
know if that's

507
00:52:50,160 --> 00:52:56,319
» you can't tell. Just look, you know,
>> yeah, there's a tree separation between

508
00:52:53,920 --> 00:53:00,319
our property and the neighbors of about
15 to 20 feet

509
00:52:58,480 --> 00:53:03,680
» of just solid woods.
>> There was stakes there that were

510
00:53:01,599 --> 00:53:07,599
ribboned off that show the property land
when I was there. and it showed it. And

511
00:53:05,520 --> 00:53:11,200
there was a surveyor out there uh
yesterday that was remarking that north

512
00:53:09,839 --> 00:53:16,040
property line on the south property
line.

513
00:53:12,800 --> 00:53:16,040
» It was

514
00:53:19,920 --> 00:53:25,359
a bit fil.
>> Yeah. How many yards of dirt would you

515
00:53:23,119 --> 00:53:30,000
say have been brought in?
>> I that I'm not sure. I haven't been out

516
00:53:27,920 --> 00:53:33,000
to the site recently.
>> Okay.

517
00:53:33,520 --> 00:53:42,160
I think some of the concern that we're
hearing is that you it's your trees.

518
00:53:39,520 --> 00:53:46,400
You're able to cut down the trees, but
you're already grading the site and it's

519
00:53:44,240 --> 00:53:49,440
already staked off. And you said that if
this were to be denied, it would still

520
00:53:48,079 --> 00:53:52,160
go in that spot. It would just meet the
setbacks. Is that what you just

521
00:53:50,720 --> 00:53:56,079
» It would just be a smaller building,
which abides by the the 10- foot setback

522
00:53:54,640 --> 00:53:58,880
rule. So, if we went to a smaller
building, we could go closer to the

523
00:53:57,359 --> 00:53:59,760
property line than we're proposing right
now.

524
00:53:59,359 --> 00:54:01,599
» Okay.
>> So, it would go there anyway. It would

525
00:54:00,960 --> 00:54:04,880
just not
>> it's just a matter of the size that

526
00:54:03,119 --> 00:54:10,800
we're wanting to do requires a 30 foot
setback and we're we're trying to

527
00:54:08,960 --> 00:54:15,520
» get that down to 15.
>> Okay.

528
00:54:12,640 --> 00:54:21,359
I think one of the major problems that
you that you run into on variances is

529
00:54:18,480 --> 00:54:25,280
when it the neighbors are not agreeable
to what what you're doing. It really

530
00:54:23,680 --> 00:54:29,680
makes it difficult on
>> it does on us

531
00:54:26,480 --> 00:54:34,079
» and that it's difficult cuz that north
uh neighbor Mike Ger has four detached

532
00:54:31,839 --> 00:54:39,839
structures on his property but for some
reason us having one there is a big

533
00:54:37,200 --> 00:54:43,599
concern. Well
>> each application is we have to look at

534
00:54:42,000 --> 00:54:48,400
application that's submitted that's
>> Oh I understand. Yeah.

535
00:54:47,040 --> 00:54:54,640
» I don't know. It looks to me like the
solution is having a smaller building.

536
00:54:51,520 --> 00:54:59,280
So, how [clears throat] so do you know
like I can't see off of this how wide it

537
00:54:57,920 --> 00:55:02,079
is in that space? So, if you have to
have a 30 foot setback,

538
00:55:01,040 --> 00:55:06,160
» I thought you're talking.
>> Can you blow that up, Stephen? On the

539
00:55:03,680 --> 00:55:09,599
» Yeah, I can kind of help that.
>> You're needing 60 foot of setback before

540
00:55:07,920 --> 00:55:13,359
you can even put a building in.
>> So, that location right there is the

541
00:55:11,119 --> 00:55:19,680
widest point of the lot and as it goes
east towards the road, uh, it narrows

542
00:55:15,920 --> 00:55:24,079
down all the way to 80 feet. So from
point A to point B there, we're

543
00:55:21,119 --> 00:55:28,880
narrowing 20 ft throughout
and being a partway down. We're going to

544
00:55:26,000 --> 00:55:35,599
be sitting at about
probably about 90 ft there, just shy.

545
00:55:32,400 --> 00:55:39,119
» So 90. So you're talking about a 30 foot
>> building envelope would be 30 foot

546
00:55:37,599 --> 00:55:42,720
» with
>> Yeah. So if you have if you have a 30

547
00:55:41,040 --> 00:55:45,200
foot setback on each side plus a
building plus a driveway going through

548
00:55:44,640 --> 00:55:48,559
it.
>> Well, the driveway could go through the

549
00:55:46,720 --> 00:55:52,079
setback though.
all the way to the lot line or

550
00:55:50,240 --> 00:55:54,640
» no your drive your driveway that's
existing now

551
00:55:53,119 --> 00:55:58,319
» the driveway doesn't have to be within
the 30 foot setback

552
00:55:57,280 --> 00:56:02,640
» does it
>> is a much less restrictive setback so we

553
00:56:00,960 --> 00:56:04,960
» that's a building setback that's not a
driveway sir

554
00:56:03,359 --> 00:56:06,640
» correct this would be a structural
setback

555
00:56:05,359 --> 00:56:11,760
» that's why I said before if you could
you know move tuck your driveway down

556
00:56:09,040 --> 00:56:15,599
closer to the south property line and
rearrange the building over there you

557
00:56:13,200 --> 00:56:19,920
could you could probably fit a 30 30
foot wide envelope there

558
00:56:16,720 --> 00:56:23,200
» they There's about 10 really nice tall
pine trees, Norway pines, that are on

559
00:56:21,599 --> 00:56:30,440
that south side of the driveway there
that we're trying not to remove um by

560
00:56:26,000 --> 00:56:30,440
just moving the driveway simply for that

561
00:56:51,280 --> 00:57:00,559
Um, any more questions?
>> No, I just agree with Gary. It makes it

562
00:56:55,839 --> 00:57:04,359
very difficult for us when you
don't have neighbors that

563
00:57:05,680 --> 00:57:13,520
want it. Well, I mean, even to apply a
variance, there has to be something

564
00:57:11,359 --> 00:57:18,160
unique to the property that's barring
its use. And to me, I don't see anything

565
00:57:16,319 --> 00:57:24,359
unique to the property that's barring it
from meeting the setback. So, that's

566
00:57:20,960 --> 00:57:24,359
just my opinion.

567
00:57:25,119 --> 00:57:30,280
Either way, if we have no more
questions, I'll entertain a motion.

568
00:57:46,799 --> 00:57:55,559
papers looking for number application
number plus my cover sheet here.

569
00:57:59,599 --> 00:58:02,599
Before

570
00:58:03,760 --> 00:58:09,119
we have a motion, do we don't we have to
go through these items?

571
00:58:07,760 --> 00:58:12,720
» You do?
>> Yes. Yeah. We have to discuss these.

572
00:58:11,359 --> 00:58:16,119
There's five items, you know, that we
have to go through

573
00:58:23,760 --> 00:58:31,040
my sheet.
>> Yeah, no problems. All right. Uh the

574
00:58:29,359 --> 00:58:33,839
first question is is the variance in
harmony with the purpose and intent of

575
00:58:32,319 --> 00:58:37,160
the ordinance and comprehensive plan.
Yes or no?

576
00:58:38,559 --> 00:58:48,240
» I it's a stretch, but I' I'd say yes. It
the ordinance does allow variances in

577
00:58:44,240 --> 00:58:51,040
situations like this, but um I'd say yes
to that first one.

578
00:58:50,640 --> 00:58:54,880
» Sean,
>> I agree for the first one.

579
00:58:52,240 --> 00:58:58,319
» Okay. Two. Is a property owner proposing
to use a property in a reasonable manner

580
00:58:56,480 --> 00:59:03,200
not permitted by the Nisah city code of
ordinances?

581
00:59:00,079 --> 00:59:07,760
» That one I would have to say no
because it's I think there's another

582
00:59:05,760 --> 00:59:10,960
building size that could be in location
that could be made on those properties.

583
00:59:10,480 --> 00:59:14,400
» Sean,
>> I agree.

584
00:59:11,920 --> 00:59:17,359
» I also agree.
Three is a need for the variance due to

585
00:59:15,839 --> 00:59:23,880
circumstances unique to the property not
created by the property owner.

586
00:59:20,880 --> 00:59:23,880
Again,

587
00:59:24,160 --> 00:59:30,079
I guess that would be yes because it is
it is a unique property, but it's the

588
00:59:28,480 --> 00:59:33,040
building. It's the size of the building
that's that's

589
00:59:31,920 --> 00:59:36,960
the constraining
>> and its location on the lot.

590
00:59:35,200 --> 00:59:40,160
» Yeah.
>> Uh number four, will the issuance of a

591
00:59:38,799 --> 00:59:43,599
variance maintain the essential
character of the locality?

592
00:59:42,000 --> 00:59:50,000
» No,
just because of the fact that the

593
00:59:45,119 --> 00:59:53,799
neighbors are are stressed over it.
Sean

594
00:59:50,799 --> 00:59:53,799
» agree

595
00:59:53,920 --> 01:00:00,040
» and last does a need for the variance
involve more than economic

596
00:59:57,040 --> 01:00:00,040
considerations.

597
01:00:00,799 --> 01:00:07,200
» Yes, I I don't think cost is involved.
>> I think it does not either. Uh but we

598
01:00:05,359 --> 01:00:12,480
said no to two of the questions. So then
it's a denial of the application. So

599
01:00:10,079 --> 01:00:17,640
I'll entertain a motion. I'll move
denial of the variance application

600
01:00:14,640 --> 01:00:17,640
032-25

601
01:00:17,680 --> 01:00:26,640
based on the findings of facts submitted
by the city and or by the staff and uh

602
01:00:23,280 --> 01:00:32,799
the the findings of our uh findings of
facts are dealing with the variance the

603
01:00:28,640 --> 01:00:36,480
five five uh situation five items
>> agree second

604
01:00:34,000 --> 01:00:40,799
» all those in favor I I all those opposed
motion carries

605
01:00:38,640 --> 01:00:40,799
thank

606
01:00:42,720 --> 01:00:48,680
I will entertain a motion to close the
public hearing.

607
01:00:45,680 --> 01:00:48,680
» Hello.

608
01:00:49,200 --> 01:00:55,960
» Second. All those in favor?
>> I. All those opposed? Motion carries.

609
01:00:56,799 --> 01:01:04,119
» Uh, next item under new business,
administrative subdivision. Um, Rudolph

610
01:01:12,960 --> 01:01:20,400
Justin Rudolph.
Hello Stephen.

611
01:01:18,000 --> 01:01:25,440
Thank you. We have before us a meets and
bound subdivision application to

612
01:01:22,160 --> 01:01:29,280
subdivide a shoreline lot um roughly in
half for all intents and purposes at

613
01:01:27,440 --> 01:01:33,920
this stage of the conversation. uh
proposing a lot line um between the

614
01:01:31,839 --> 01:01:40,319
north half and the south half as shown
on the certificate of survey. Um the

615
01:01:37,280 --> 01:01:45,839
applicant has proposed to
um create pro riparian tract A which

616
01:01:43,520 --> 01:01:51,599
would be sized at 36,300
ft where 20,000 ft the minimum average

617
01:01:48,799 --> 01:01:59,359
width of that um by definition of
ordinance is 65.34 ft where the minimum

618
01:01:54,880 --> 01:02:03,440
would be 75 ft for a shoreline lot. Um,
my analysis to that is this is this

619
01:02:01,200 --> 01:02:09,839
would be a pre-existing condition for
the shoreline of tract A and the parent

620
01:02:05,680 --> 01:02:13,680
tract as a whole. Um, if the subdivision
and that lot line were to be drawn in

621
01:02:11,520 --> 01:02:20,880
there and approved, impervious on
riparian tract A would be at 19.9%.

622
01:02:17,920 --> 01:02:26,000
um non- riparian tract B which is not
having any shoreline thereof um would be

623
01:02:23,599 --> 01:02:32,079
proposed at 30,666
ft where 10,000 ft is the minimum

624
01:02:29,599 --> 01:02:36,960
uh for a lot that contains sewer
available to it no on-site systems that

625
01:02:34,799 --> 01:02:41,599
is um the width at that point to that
structure would be 126 sorry not

626
01:02:39,599 --> 01:02:47,359
structure width of that lot would be
126.72 ft where 75 is the minimum

627
01:02:45,359 --> 01:02:53,440
proposed impervious
after the um structure that's depicted

628
01:02:51,200 --> 01:03:00,000
by the survey
um would be constructed would be 24.8%

629
01:02:56,960 --> 01:03:06,079
impervious. I have in the staff report
the table that determines those figures

630
01:03:03,119 --> 01:03:11,520
and minimums for lot area and lot width.
Um both of these tracks are are proposed

631
01:03:08,880 --> 01:03:14,960
to be served by city sewer. The current
parent parcel has two residential

632
01:03:13,520 --> 01:03:21,440
structures on there. one of them
proposed to be removed. Um, permitted to

633
01:03:17,520 --> 01:03:28,240
be demolished at this point. Um, and
both track A and track B are currently

634
01:03:23,680 --> 01:03:33,440
paying ERC connection fees of of two for
the parent lot. So, if subdivided, it

635
01:03:30,640 --> 01:03:36,880
would be one and one at that point. Um
wetland identification for this

636
01:03:35,119 --> 01:03:40,960
application has not been submitted for
review. Although the national wetland

637
01:03:38,480 --> 01:03:46,799
inventory does not depict any wetlands
to be present on the subject property

638
01:03:42,640 --> 01:03:50,960
and um WDSH has submitted a letter
indicating no wetlands are present in

639
01:03:48,559 --> 01:04:01,280
your staff report post creation of the
staff report. So that is now checked. Um

640
01:03:58,079 --> 01:04:06,240
these paid um findings of facts were
submitted by myself um indicating that

641
01:04:04,240 --> 01:04:13,440
this would not have any negative impact
to um use on health, safety, general

642
01:04:09,520 --> 01:04:17,200
welfare. Um the tracks meet minimum
sizes of sewer available. So we don't

643
01:04:15,599 --> 01:04:22,799
need sight suitability for septic
systems.

644
01:04:19,039 --> 01:04:27,200
Um proposed eventual uses of residence
and tract B um size as shown on the

645
01:04:25,280 --> 01:04:29,599
survey I think 50 by 100. Is that
correct Justin?

646
01:04:28,640 --> 01:04:34,440
» Uh yes.
>> Thank you.

647
01:04:31,440 --> 01:04:34,440
» Um

648
01:04:35,520 --> 01:04:43,520
yeah any other questions that you have
the applicant has public [snorts] has in

649
01:04:40,559 --> 01:04:51,039
the audience for this application?
>> Yeah. Did we have any uh public comment?

650
01:04:47,920 --> 01:04:54,880
None. Okay, I'm trying to find it again.
Did Jake give us Did he submit a letter

651
01:04:53,599 --> 01:05:00,880
for this?
>> He in this document here, there was an

652
01:04:58,160 --> 01:05:05,680
email. So, I asked him for comment. He
provided a comment stating so long as

653
01:05:03,920 --> 01:05:08,720
the proposed lots meet the minimum lot
widths and area for the lake

654
01:05:07,599 --> 01:05:10,640
classification and septic
classification, then I would have no

655
01:05:10,160 --> 01:05:14,079
comments.
>> Okay.

656
01:05:11,440 --> 01:05:17,640
» He asked if I could confirm and so I
did. I'll vote.

657
01:05:20,319 --> 01:05:24,039
Do we have any questions?

658
01:05:24,799 --> 01:05:29,480
» No, I do not. Okay.

659
01:05:34,480 --> 01:05:39,920
So, we're looking for a motion to
approve the subdivision is what we're

660
01:05:37,520 --> 01:05:39,920
waiting for.

661
01:05:43,599 --> 01:05:49,720
I'll move approval of the meets and
bound subdivision application 033-25.

662
01:05:49,839 --> 01:06:01,359
Um again as u according to the findings
of fact as submitted in this in the city

663
01:05:55,920 --> 01:06:05,839
staff report and uh there's conditions
potential conditions there's four listed

664
01:06:03,440 --> 01:06:12,240
in the
se there's seven different findings fact

665
01:06:09,119 --> 01:06:17,680
and and four potential conditions for
the approval

666
01:06:15,760 --> 01:06:22,039
» second. All those in favor?
>> I. All those opposed? Motion carries.

667
01:06:25,200 --> 01:06:31,000
» Next item under new business is a sketch
plan review for Boberg.

668
01:06:44,400 --> 01:06:51,280
» Good evening. Um, my name is Mark Reni.
Uh, and

669
01:06:49,440 --> 01:06:57,680
» Hi, Dan Bullberg.
>> Um, I am I'm here um and we are here

670
01:06:55,200 --> 01:07:03,200
today to talk about a sketch plan review
for the Bowberg property that basically

671
01:07:00,640 --> 01:07:08,240
is, you know, the area behind the the
including the old lumber yard, the area

672
01:07:05,520 --> 01:07:13,760
behind those businesses that are on 77
on the north side of 77. You can see

673
01:07:10,799 --> 01:07:21,119
this um it's a it's a very significant
um piece of ground. Um the Bowberg

674
01:07:17,200 --> 01:07:25,599
family has been um has owned this parcel
for going on a hundred years. I think

675
01:07:23,119 --> 01:07:29,599
it's in excess of 90 years. Um you know
they are a one of the first families

676
01:07:27,760 --> 01:07:35,520
here. U they've been in business in this
general area for a long time. Um this

677
01:07:32,640 --> 01:07:40,000
this is we've spent a lot of time going
through this to say you know what are

678
01:07:37,440 --> 01:07:44,880
some of the things that um services the
community uh because this is not just

679
01:07:41,839 --> 01:07:48,400
about how the last dollar is made um it
is actually what what's best for the

680
01:07:46,960 --> 01:07:53,839
community and what's economically
feasible um and practical in this area.

681
01:07:51,839 --> 01:07:58,160
And you know there's not a we didn't
come in with a with an application today

682
01:07:56,559 --> 01:08:03,119
because we think this is such a
significant piece of ground and there

683
01:08:00,880 --> 01:08:08,240
are unanswered questions here that we
are at the same time that we are working

684
01:08:05,680 --> 01:08:12,480
through the the application process. Um
you know we are working with you know

685
01:08:10,559 --> 01:08:17,199
talking with the Minnesota Department of
Transportation with the Crowing County

686
01:08:14,799 --> 01:08:24,880
Highway with the public works department
of um of Nisa. Um we've also we're also

687
01:08:21,600 --> 01:08:29,279
looking at um you discussing this with
we've talked to some of our neighbors

688
01:08:26,080 --> 01:08:34,319
already about this. Um so um you know
there's a need for housing in Niswah. Um

689
01:08:31,440 --> 01:08:39,199
there's a need for there's a there's a
high demand for some additional um

690
01:08:36,400 --> 01:08:43,920
storage or highway you know that kind of
office warehouse kind of you know the

691
01:08:41,359 --> 01:08:48,000
the type of um whether it's machinery or
whether it's the the stone yard that's

692
01:08:45,759 --> 01:08:52,560
there or you know something something in
that area. And on the north end of this

693
01:08:50,560 --> 01:09:00,319
property, the big orange property there,
that that a good bit of that is backing

694
01:08:55,120 --> 01:09:07,120
up to the Nisa um uh sanitary sanitary
sewer system spray field. So that limits

695
01:09:03,839 --> 01:09:12,080
the potential marketability and the you
know the feasibility of using that for

696
01:09:08,799 --> 01:09:16,239
housing or for you know apartments or
even single family housing or something

697
01:09:13,679 --> 01:09:21,279
like that. So, you know, it is more of
an of of a commercial industrial

698
01:09:19,040 --> 01:09:26,000
warehouse, you know, storage, something
like that kind of space. Um, the blue

699
01:09:24,000 --> 01:09:31,199
space in the middle, um, you know,
looking potentially at, um, at

700
01:09:29,199 --> 01:09:34,960
approaching the city and and and that
could be something that has a little

701
01:09:32,319 --> 01:09:40,960
higher density, whether it is duplexes
or a an apartment building, um, maybe a

702
01:09:38,319 --> 01:09:45,600
combination of of those things. Um,
there is the highway frontage in the

703
01:09:43,279 --> 01:09:50,319
orange. um that that um would have some
additional um bis highway business um

704
01:09:48,400 --> 01:09:56,480
applications to it. Um [clears throat]
the the I don't know purple maroon uh

705
01:09:54,400 --> 01:10:00,960
not maroon I don't know mauve what color
is that fuchsia I was looking for I was

706
01:09:59,199 --> 01:10:06,480
looking for the color on the color wheel
it was there somewhere the fuchsia um

707
01:10:04,239 --> 01:10:10,640
looking at single family u and
potentially in those areas one of the

708
01:10:08,560 --> 01:10:15,040
products that we're looking at there are
um some relatively modestsiz houses um

709
01:10:13,600 --> 01:10:20,159
could think of it like a patio home
potentially that would be a snowboard

710
01:10:16,800 --> 01:10:25,840
related um there's a high I'm uh amongst
my many day jobs that I have um in since

711
01:10:23,280 --> 01:10:30,880
I retired from Grand View um I'm also a
realtor um although I don't generally do

712
01:10:28,480 --> 01:10:35,040
just I do resort real estate I don't do
um a lot of residential real estate but

713
01:10:32,560 --> 01:10:39,360
in in our activity that we have we're
approached all the time

714
01:10:36,719 --> 01:10:43,120
» with people who would like to have a a
lowmaintenance or no maintenance

715
01:10:41,120 --> 01:10:46,000
something that's relatively modest size
they have a place in Arizona they have a

716
01:10:44,560 --> 01:10:49,520
place in Florida or they have a place in
Texas or someplace else and they're

717
01:10:48,320 --> 01:10:53,280
looking for a place to spend their
summers. They the lakes are becoming

718
01:10:51,679 --> 01:10:57,520
prohibitive for a lot of people. So this
is a way for you know this is a way to

719
01:10:55,120 --> 01:11:03,440
build a product to develop a product
that is access that makes Nisa

720
01:10:59,600 --> 01:11:07,600
accessible to um a greater um number of
people. I mean I think a couple years

721
01:11:05,600 --> 01:11:13,040
ago I looked and the average sale price
for a house in Nisa was like $400,000

722
01:11:10,320 --> 01:11:17,600
and I'm sure it's well over that now. Um
I built a lot of those at one point in

723
01:11:15,040 --> 01:11:22,640
time at Grand View. So, I know the, you
know, the the that end of the market is

724
01:11:20,400 --> 01:11:25,600
well taken care of. Um, but, um, you
know, there we think there's a there's

725
01:11:24,159 --> 01:11:30,239
there's a market here that could be
served. Um, you know, and and that's

726
01:11:28,159 --> 01:11:34,239
really what that what that is all about.
Um then on the there there's a

727
01:11:32,960 --> 01:11:40,560
potentially a little bit of business up
in the the f in the orange that's in the

728
01:11:37,199 --> 01:11:45,600
in the souththeast corner and maybe a
little more business on the or or

729
01:11:43,679 --> 01:11:51,199
multifamily, you know, something that is
a a duplex kind of a thing in the um

730
01:11:48,960 --> 01:11:56,159
upper left corner of that open space.
There's a large wetland there in the

731
01:11:53,360 --> 01:12:01,280
middle. Um you know, we don't need any
incursions or encroachments on those. Um

732
01:11:59,760 --> 01:12:05,760
the reason again the reason we're coming
here is because of the the his you know

733
01:12:04,719 --> 01:12:10,560
this has been like I said this has been
in the family forever. The idea here is

734
01:12:08,719 --> 01:12:15,520
it's a complicated piece of ground. It's
a complicated and rather than just cut

735
01:12:12,480 --> 01:12:21,360
it off and say all right let's just take
12 acres to the in the kind of the left

736
01:12:19,120 --> 01:12:25,840
corner in the in the lower left corner
in the the orange and say we're going to

737
01:12:23,679 --> 01:12:28,880
come in and do a uh a plan for some
office warehouse that sort of thing. or

738
01:12:27,520 --> 01:12:34,239
come in and just do something along the
golf course. We think good planning

739
01:12:31,679 --> 01:12:37,280
dictates that we take our time, that we
work with the city and we talk about

740
01:12:36,320 --> 01:12:41,920
things like how are we going to get
sewer in here? Um is any of this can any

741
01:12:40,400 --> 01:12:45,120
of this be private roads? Does it all
need to be public road? I know what your

742
01:12:43,520 --> 01:12:51,280
ordinance says, but there's some there's
some things where are we going to access

743
01:12:47,280 --> 01:12:56,159
77? Um because um right now there's an
approach road that that is um that is

744
01:12:54,000 --> 01:13:01,440
there and it's they're entitled for an
approach road on the on the um on the

745
01:12:58,480 --> 01:13:05,840
very um I guess that's what is that the
north the northwest corner of this. So

746
01:13:03,520 --> 01:13:10,480
that lower the lower right hand corner
of this that is uh that is that is

747
01:13:08,159 --> 01:13:13,520
actually that field approach is uh is
there or that that's what we call the

748
01:13:12,320 --> 01:13:18,640
country a field approach but that
approach is there and then the city has

749
01:13:16,480 --> 01:13:24,640
expressed some interest and the county
has expressed some interest in

750
01:13:21,440 --> 01:13:28,000
developing a um you know a what's a word
I'm looking for a collector route a

751
01:13:26,080 --> 01:13:32,400
collector remember a collector street
that would come um that would be the

752
01:13:29,760 --> 01:13:39,120
that would be accessing 77 up there um
with cursor is. So, um, you know, City

753
01:13:37,199 --> 01:13:44,640
Sewer, there's there's there's not City
Sewer, um, you know, that's readily

754
01:13:42,080 --> 01:13:48,640
accessible here other than at Wendy's,
there's a private there was a private

755
01:13:46,000 --> 01:13:53,360
arrangement made between Wendy's, the
developer of Wendy's, and the city um,

756
01:13:51,280 --> 01:13:57,760
where they pushed it under the road. Uh,
potentially there's an easement that

757
01:13:54,640 --> 01:14:01,520
exists there and, um, we we could we
could talk about that and we will talk

758
01:13:59,840 --> 01:14:05,840
about it with them. The other thing is
if there's a collector road, does it

759
01:14:03,520 --> 01:14:11,760
does it dip to the south and and become
a frontage road and uh I'm sorry, dip to

760
01:14:08,800 --> 01:14:18,719
the east and and and connect up uh along
the highway with um Hazelwood or does it

761
01:14:15,520 --> 01:14:24,640
carry on through um dip to the west and
connect up with the road that serves the

762
01:14:20,719 --> 01:14:30,480
Nisa Comets? So, you know, nothing we're
doing here is um you know, there's no

763
01:14:27,679 --> 01:14:37,440
there's no recycling centers or um um
industrial waste sites or I mean this is

764
01:14:32,960 --> 01:14:42,400
housing. This is h this is um midlevel
housing, you know, is what I would say.

765
01:14:39,520 --> 01:14:44,880
This is um consistently the businesses
that are that would be the kind of

766
01:14:43,840 --> 01:14:50,000
planning we would do for these
businesses. It would be something that

767
01:14:46,239 --> 01:14:56,800
would be um
consistent certainly consistent with

768
01:14:52,000 --> 01:15:01,600
what's in the neighborhood. Um so
with the backage road plan that the

769
01:14:59,520 --> 01:15:05,920
city's got through here now does that
match or tie up with that or

770
01:15:03,440 --> 01:15:11,360
» Yeah, that's that's what I'm looking at
is the information that was provided

771
01:15:09,679 --> 01:15:14,000
concerning the backage road. This
appears to

772
01:15:13,280 --> 01:15:17,040
coincide.
>> It does. Okay. Yeah. And again,

773
01:15:15,760 --> 01:15:22,400
» but there's flexibility,
>> right? But and again with that access

774
01:15:19,679 --> 01:15:25,199
would require some condemnation of land.
That's an eminent domain situation or

775
01:15:24,159 --> 01:15:30,000
something. That's something that the
city would have to do. Um you know,

776
01:15:27,920 --> 01:15:32,960
there's probably some some tiff
financing that that we might take place

777
01:15:31,760 --> 01:15:37,840
for some of these some of these
improvements. There's definitely either

778
01:15:35,920 --> 01:15:41,040
we do a development overlay district or
a development district like we did like

779
01:15:39,840 --> 01:15:45,520
we've done before. or we've done one
other of those in Nisa which leads for a

780
01:15:44,000 --> 01:15:49,920
little more it's it's a little more open
zoning but everything that's goes in

781
01:15:47,199 --> 01:15:53,920
there requires a conditional use. So
I've I've done that I did that about 5

782
01:15:51,600 --> 01:15:59,280
years ago with a project in uh connected
to Graham View and it it you know it's

783
01:15:57,360 --> 01:16:04,320
how we were able to work and if that
still exists but so there may be an

784
01:16:01,520 --> 01:16:08,080
ordinance change or it may be a zoning
change or you know there's things like

785
01:16:05,840 --> 01:16:11,360
that that might be required. We wanted
to we want before we brought in

786
01:16:09,600 --> 01:16:15,440
something that's like, you know, you got
to act on this today, we want to give

787
01:16:13,199 --> 01:16:19,840
you a chance. We And we've also already
met twice with city two or three times

788
01:16:17,520 --> 01:16:24,320
with city staff. Um and we're again
we're working with um with the with the

789
01:16:22,080 --> 01:16:27,440
county as well. Dan, would you like to
have some

790
01:16:25,840 --> 01:16:31,280
» Yeah, I know that's I think you covered
it really well. I think the idea was

791
01:16:28,960 --> 01:16:36,000
just to get this in front of you, get
some initial comments. Um any initial

792
01:16:34,080 --> 01:16:39,360
thoughts or feedback? I think the two
biggest issues we're trying to work

793
01:16:37,440 --> 01:16:45,840
through and just make sure everyone's on
the same page are on our 77 access and

794
01:16:43,199 --> 01:16:51,280
where does that go and then and then and
then the um the sewage connection and

795
01:16:48,719 --> 01:16:56,480
and what does that look like? Uh like we
said uh for now we think the connection

796
01:16:54,000 --> 01:17:01,440
the best most logical path is to connect
near Wendy's

797
01:16:58,960 --> 01:17:06,159
but there are other options. Um, and
then we think the best location for this

798
01:17:04,000 --> 01:17:10,400
backage road is is kind of where the
city of Nisa has it. Um, but there's

799
01:17:09,040 --> 01:17:14,560
different opinions on that as well. So,
we just wanted to put this out there and

800
01:17:12,719 --> 01:17:19,040
start to to get comments on it. I think
the as far as the projects, like the

801
01:17:17,040 --> 01:17:24,480
first project we plan to work on would
would be the um the housing here, the

802
01:17:22,000 --> 01:17:29,280
the uh along the golf course lots. So,
the the actual purple color, that's

803
01:17:26,960 --> 01:17:32,960
that's kind of phase one, if you will.
So that's kind of what we would plan to

804
01:17:30,960 --> 01:17:36,239
bring to you first.
>> And again,

805
01:17:34,800 --> 01:17:40,480
but again, we don't want to bring it in
isolation. We want to bring it with the

806
01:17:38,000 --> 01:17:44,080
idea because again, we have to look at
if it's a development district that that

807
01:17:42,400 --> 01:17:47,520
allows everything with conditional use,
then the city has some control.

808
01:17:45,760 --> 01:17:51,520
Otherwise, that you know, how does it
meet that that zoning in that area? But

809
01:17:49,520 --> 01:17:55,840
if we were to ask for reszoning, it's
obviously something that's consistent

810
01:17:53,120 --> 01:17:59,679
with uh it's a it's a low inensity use.
Um, you know, as most of these are

811
01:17:57,840 --> 01:18:04,400
relatively low intensity uses other than
potentially the um the, you know, the

812
01:18:02,880 --> 01:18:08,960
multif family is a little bit more
intense uh intense use. Um, you know,

813
01:18:07,360 --> 01:18:12,000
the the stuff to the west of here is a
golf course and we'll and and you know,

814
01:18:10,640 --> 01:18:16,719
that's going to remain a golf course
probably for the next hundred years. Um,

815
01:18:13,840 --> 01:18:21,679
the stuff to the land to the north or
west of here is uh city city sewer

816
01:18:19,760 --> 01:18:25,520
facility. So again, we don't see that
changing. Uh to the directly to the

817
01:18:23,760 --> 01:18:31,199
north we have Nissa Commons which again
is that um kind of office warehouse or

818
01:18:29,120 --> 01:18:36,159
warehouse um thing and then of course we
have the the frontage um there's some

819
01:18:33,920 --> 01:18:43,280
there's some frontage on 37 actually on
371 um where we have a couple um of

820
01:18:39,679 --> 01:18:47,520
improved accesses but I got a big hunch
that the um the Minnesota Department of

821
01:18:45,600 --> 01:18:52,719
Transportation's not about to say oh
yeah just drop it out on 371 head itself

822
01:18:51,280 --> 01:18:58,480
intersection
I got a big I got a big feeling that I

823
01:18:55,120 --> 01:19:03,520
know they're answered before I ask. So,
um,

824
01:19:00,000 --> 01:19:09,440
questions, comments, thoughts, anything,
you know. Um, so you're not looking at

825
01:19:06,560 --> 01:19:14,480
any what you call retail development in
here at all. I mean, the only retail I

826
01:19:11,840 --> 01:19:20,400
would think would be potentially, you
know, what's on, you know, something

827
01:19:17,040 --> 01:19:24,800
that would be serviced off of the um the
the collector road

828
01:19:22,159 --> 01:19:27,840
» that's got visibility on 371. Yeah, I
got you.

829
01:19:25,360 --> 01:19:30,800
» Cuz I mean, really, that's that's, you
know, it's what it's what you really

830
01:19:29,040 --> 01:19:36,000
want is you want the businesses located
between the highway and the

831
01:19:33,920 --> 01:19:41,920
» That makes sense. Yeah. So, we think
it's good planning

832
01:19:38,159 --> 01:19:46,320
» um and appropriate.
>> I like it. I like the idea. I've been

833
01:19:43,920 --> 01:19:51,520
waiting for this to come in at some
point. I knew it was going to cuz um

834
01:19:50,000 --> 01:19:53,840
Carl's pretty good friend of mine and
I've known him for a long time. So, but

835
01:19:53,360 --> 01:19:59,360
» yeah,
>> he doesn't own the property anymore. So,

836
01:19:57,520 --> 01:20:03,040
» yeah, it's it you know it
>> I I don't have a conflict of interest

837
01:20:01,040 --> 01:20:07,440
anymore.
Well, it doesn't, like I said, it we

838
01:20:05,120 --> 01:20:10,719
think it it provides some opportunities,
some stuff in this we need and and some

839
01:20:09,360 --> 01:20:14,760
market driven some market.
>> I think this will be good for the city.

840
01:20:15,760 --> 01:20:21,679
» Anything else? Any any other questions?
Joe, any thoughts? You Joe, you have a

841
01:20:20,480 --> 01:20:27,360
thought on everything, buddy.
>> Right. Yeah. Um, no, I think it's great.

842
01:20:25,440 --> 01:20:31,920
Um, it'd be a great plan, great
addition. you know, it follows the

843
01:20:29,679 --> 01:20:38,480
conversations that's been going for a
long time in this area. I do think as a

844
01:20:34,960 --> 01:20:45,120
whole the city um
doesn't have just flat out doesn't have

845
01:20:41,600 --> 01:20:50,719
the zoning ordinances, the conversation,
the talk, the plan put in place to do

846
01:20:48,239 --> 01:20:56,080
something like this right now. um from
the council level, we've talked about

847
01:20:52,560 --> 01:21:00,960
getting a um economic development board
committee put together in this town to

848
01:20:58,480 --> 01:21:06,560
help with projects just like this. And
you know, here's a prime example of it.

849
01:21:03,120 --> 01:21:12,719
Um I I do think that this would be a
good example to maybe for you guys even

850
01:21:09,679 --> 01:21:22,560
to bring before council to show the
actual need of that to them, you know.

851
01:21:16,640 --> 01:21:27,199
Um and also to um explain um the mix use
right now in the highway business

852
01:21:23,920 --> 01:21:31,120
district. Uh mixed use um low, medium,
high density that just doesn't even

853
01:21:29,679 --> 01:21:37,520
exist in right
>> terminology in this town. And so that's

854
01:21:34,880 --> 01:21:42,880
I'll say a educational piece that needs
to be introduced here. But um yeah, I

855
01:21:40,880 --> 01:21:50,000
think much like this property, the
property the city just produced to the

856
01:21:44,640 --> 01:21:57,760
south um is slash would potentially look
a lot like this. And so um yeah, it's

857
01:21:54,800 --> 01:22:02,000
it's uh it's what we need in this town.
It follows [snorts]

858
01:21:59,440 --> 01:22:09,199
the comprehensive plan that was put
together. Um and also to you know um

859
01:22:06,800 --> 01:22:12,639
yeah, it's definitely a need. So, I'd be
all in favor. But yeah, I would say I

860
01:22:11,440 --> 01:22:16,400
don't know if you guys are interested in
coming presenting something like this to

861
01:22:14,480 --> 01:22:19,840
council at a high level for all those
decisions that need to be made there

862
01:22:18,159 --> 01:22:22,320
outside of this group as we move ahead
with plans like this. I would say would

863
01:22:21,840 --> 01:22:25,520
be helpful.
>> I think I think it makes it would make

864
01:22:23,840 --> 01:22:28,159
good sense for us to do that because you
know your departments are going to be

865
01:22:26,960 --> 01:22:30,320
coming to you and saying, "Hey, they're
talking to us about this. They're

866
01:22:29,199 --> 01:22:32,320
talking to us about this,
>> right?"

867
01:22:30,639 --> 01:22:35,760
» So, I think that would make some sense.
>> Yeah. And that intersection, I mean,

868
01:22:33,840 --> 01:22:40,000
there is another bad accident out there
today at that intersection. And that

869
01:22:37,280 --> 01:22:42,639
thing's going to get closed as quick as
MDOT can close it. So

870
01:22:41,760 --> 01:22:48,320
» which intersection?
>> No, right out there at Hazlewood 371. So

871
01:22:45,199 --> 01:22:53,440
yeah, I mean, so I mean that's just I'm
just on borrowed time before that all

872
01:22:50,880 --> 01:22:58,320
get shut down. And then the need
>> for something like this

873
01:22:56,159 --> 01:23:01,520
would be needed for
>> everything with that road going through

874
01:23:00,000 --> 01:23:06,480
there. That's that's going to be a need
sooner and later for the for the city.

875
01:23:04,719 --> 01:23:11,840
Um, it's also going to be a need for
mindot. Mindot accesses that for their

876
01:23:10,000 --> 01:23:13,360
own pit, you know, back there by the
city. So,

877
01:23:12,880 --> 01:23:19,360
» right.
>> Anyhow, I think, yeah, I think this

878
01:23:16,400 --> 01:23:23,199
should be looked at, you know, on all
different levels right off the get-go,

879
01:23:21,520 --> 01:23:27,440
» but yeah, happy to talk to the council
and meet with the council on that.

880
01:23:25,199 --> 01:23:30,800
» Don't forget that there's some long-term
there's preliminary planning going on

881
01:23:28,960 --> 01:23:35,600
with water systems for the city, too,
and it'll obviously going to impact

882
01:23:33,040 --> 01:23:38,400
costs and everything. So
>> we'd be really close to we could be your

883
01:23:37,600 --> 01:23:43,360
first customer.
>> Yeah, [laughter]

884
01:23:40,639 --> 01:23:50,000
» I could say that. You know, it goes hand
in hand this type of density with the

885
01:23:47,360 --> 01:23:56,960
infrastructure. They complement each
other. They're going to help each other,

886
01:23:53,360 --> 01:24:05,760
you know, from a feasibility standpoint.
So the density and city utility um

887
01:24:01,280 --> 01:24:10,560
package road cost of that infrastructure
um really depends on this level of

888
01:24:07,920 --> 01:24:18,159
density to make it happen.
>> And so this is consistent with that. Um

889
01:24:14,639 --> 01:24:25,360
we've been encouraging the city to you
know look forward and establish the

890
01:24:21,360 --> 01:24:30,960
corridor as soon as it's able to. And
you know this is exactly what's needed

891
01:24:28,560 --> 01:24:37,040
to help establish that sooner than
>> between things like the accident and

892
01:24:33,760 --> 01:24:42,480
things like which unfortunate and the
idea that you know we we don't want to

893
01:24:40,080 --> 01:24:47,120
just develop that little road coming in
off of off of a power substation across

894
01:24:45,520 --> 01:24:52,320
the power substation. That doesn't
really help anybody. That's not good

895
01:24:49,040 --> 01:24:55,920
planning. Um it's not good.
it just isn't it's not the right way to

896
01:24:54,000 --> 01:24:59,520
do this. So that's why we thought we'd
come here, prep everybody for stuff

897
01:24:58,000 --> 01:25:03,520
that's coming later, work together on
this, work with the council on this,

898
01:25:01,440 --> 01:25:07,520
work with the department heads on this,
and and then just work our way through

899
01:25:04,880 --> 01:25:10,000
this and see if we can't get this roll.
>> So, thank you.

900
01:25:08,880 --> 01:25:13,960
» All right. Well, thank you very much for
your time.

901
01:25:10,480 --> 01:25:13,960
» Yes, thank you.

902
01:25:41,199 --> 01:25:47,480
Uh, moving on. Old business. We have
none. City planners report.

903
01:25:48,239 --> 01:25:56,560
» Thank you. Uh so as directed uh by
council and this commission, I've been

904
01:25:52,960 --> 01:26:01,920
working on a um markup change log for
the uh chapter 20 ordinance taking into

905
01:26:00,320 --> 01:26:06,400
account the comparative analysis from
Chris Pence uh comparing Crowing

906
01:26:03,679 --> 01:26:11,199
County's ordinance standards to ours. So
that'll be coming in to the DNR for

907
01:26:09,199 --> 01:26:15,360
review once I have the change log
completed. Um provide them their

908
01:26:13,440 --> 01:26:21,040
adequate comment period and then we
schedule public hearing. So, that'll be

909
01:26:17,280 --> 01:26:24,560
up and coming here in I'm I'm
aiming for December for the public

910
01:26:22,880 --> 01:26:30,000
hearing. I just have to get that change
log out to uh DNR and then get their get

911
01:26:27,920 --> 01:26:34,400
their response. Um so, it could be
December, could be January, but um

912
01:26:32,480 --> 01:26:40,400
that's coming around the horn here. Um
in the month of October, uh we have

913
01:26:37,920 --> 01:26:44,800
issued 11 land use permits and still
have about a dozen that are coming in

914
01:26:42,400 --> 01:26:49,840
the door here. So
development is [snorts] good. I think

915
01:26:47,120 --> 01:26:56,080
everyone's just trying to crunch before
the winter hits us. Um

916
01:26:53,920 --> 01:26:59,760
a few large scale projects in the works
here. So I think that all things are

917
01:26:57,920 --> 01:27:02,760
aiming towards [snorts] some good
development.

918
01:27:04,480 --> 01:27:10,800
Okay.
Any other additional questions?

919
01:27:08,800 --> 01:27:13,760
Comments?
All right. I'll entertain a motion to

920
01:27:12,159 --> 01:27:16,159
adjurnn.
>> Second.

921
01:27:14,320 --> 01:27:21,000
» All those in favor? I. All those
opposed? Motion carries. Meeting is

922
01:27:18,000 --> 01:27:21,000
adjourned.

923
01:27:26,800 --> 01:27:29,800
» Yeah.

924
01:27:37,760 --> 01:27:42,639
» Okay.
So, I'll get that. You have a few

925
01:27:41,360 --> 01:27:49,199
minutes. Just wait in the lobby. I got
to bring my desk. Um I'm gonna sign the

926
01:27:45,679 --> 01:27:53,760
loan boundary.
Split application. [clears throat]

927
01:27:50,719 --> 01:27:57,400
Get your copy of that. Copy this pile
and close off the