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No, you don't have to start over. Please
don't.

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» Upon completion of the commission's
questions, I will ask if there's anyone

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00:09:09,120 --> 00:09:14,800
in the audience wishing to speak at this
request. If there is, I will ask the

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00:09:13,120 --> 00:09:17,920
person who filled out the speaker card
to come to the podium, state their name

5
00:09:16,399 --> 00:09:22,160
and address for the record, and give
their testimony. When all testimony is

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00:09:20,560 --> 00:09:25,760
complete, I will ask commission members
for a motion to close the public

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hearing. [sighs] Did we change that
where we don't have to ask for new

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00:09:27,120 --> 00:09:31,360
motions?
>> Just make three calls and if there's no

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one to respond, then you make you may
close.

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00:09:31,680 --> 00:09:38,240
» The chair just closes the public
hearing. Okay. Um

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00:09:36,240 --> 00:09:41,600
if there's no further input, no further
input will be taken once the public

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hearing is closed unless you're
recognized by the chair or one of the

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commission members is seeking
clarification.

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The commission will review and discuss
the findings of fact. The findings are a

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00:09:51,279 --> 00:09:57,519
series of questions that the commission
is required to answer based on Minnesota

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statute and the requirements of the
ordinance.

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00:09:59,839 --> 00:10:10,760
Uh we have no one attending virtually
this evening I believe. Okay.

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00:10:05,519 --> 00:10:10,760
Then we will move on to the the meeting.

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We'll take roll call. District one Cindy
Hner

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00:10:14,720 --> 00:10:21,360
» here. Uh, District 2, Dev Dave Benford
is absent. District three, Greg

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00:10:19,760 --> 00:10:25,360
Frederick's
absent. Uh, District 4, Dave Canafla

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00:10:24,480 --> 00:10:30,320
» here. Uh,
>> I'm Leroy Gander from District 5. At

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large, member Rick Blankenish
>> here.

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» At large, Angie Tomovic
>> here.

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» Exofficio member County Commissioner Joe
Perski here.

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00:10:38,399 --> 00:10:44,200
» Thank you. We will recite the stand and
we'll recite the pledge.

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00:10:46,800 --> 00:10:55,120
I pledge algiance to the flag of the
United States of America and to the

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republic for which it stands. One nation
under God, indivisible, with liberty and

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justice for all.
[clears throat]

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00:11:05,120 --> 00:11:14,079
» Okay, with that, we'll start with our
first agenda item. The applicants are

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Dave and Julia Wick. if you care to come
forward.

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00:11:15,680 --> 00:11:22,240
Uh they're here to conditional they're
here to consider a conditional use

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00:11:20,320 --> 00:11:29,360
permit request for an after the-act
major shoreland alteration

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00:11:25,600 --> 00:11:34,079
according to sections 10.2.14D
and 10.2.14i

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00:11:32,160 --> 00:11:39,279
of the Sterns County Land Use and Zoning
Ordinance 439. The request includes

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retaining walls constructed on a on
steep slopes within the building setback

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00:11:41,920 --> 00:11:50,640
of Cedar Lake Island, Cedar Island Lake.
The property is part of government lot 3

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00:11:47,839 --> 00:11:57,680
in section 31 of Wakefield Township. The
address of the property is uh 18598

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00:11:54,320 --> 00:12:02,959
Cedar Lane, Richmond, Minnesota.
I'll ask uh the members who visited the

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00:11:59,519 --> 00:12:09,040
site. Uh I did. Uh Cindy,
>> yes I did. Uh Dave,

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00:12:05,760 --> 00:12:12,000
» I did for their uh application for
variance.

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00:12:10,160 --> 00:12:13,680
» Okay. Uh Rich,
>> yes.

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00:12:12,800 --> 00:12:15,360
» Angie,
>> yes.

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00:12:14,079 --> 00:12:19,600
» And Commissioner Perski,
>> yes.

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00:12:16,720 --> 00:12:22,959
» We'll ask Nick to do a staff report.
>> Yes, Mr. Chair, members of the planning

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commission. Um we'll go over some site
information here. The parcel is about a

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00:12:24,959 --> 00:12:32,639
third of an acre. Impervious coverage is
about 24%. There's bluff present in the

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00:12:30,800 --> 00:12:37,843
project area with a direct slope from
the lake to the lake from the building

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00:12:34,320 --> 00:12:40,639
setback. Uh lomy sand partially
[clears throat] potentially highly

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00:12:38,800 --> 00:12:45,519
erodable due to the slope. Most of the
lot is mowed lawn grass currently and

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00:12:43,040 --> 00:12:50,240
devoid of native vegetation. There is
flood plane but it's not in the project

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area where the wall is. Uh septic system
is compliant. R1 zoning district. Cedar

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Island Lake is the water body. um
property owners, they submitted an

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00:12:56,959 --> 00:13:03,600
application back in May for a variance
to add a deck and second story addition

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00:13:01,040 --> 00:13:07,600
that didn't meet setbacks. As part of
that process, they were notified that

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00:13:05,680 --> 00:13:11,839
proceeding with the variance request
would require compliance with all other

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00:13:09,360 --> 00:13:15,600
aspects of the property, including this
after the fact permit application for

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the retaining wall on the lake side of
the structure. It was constructed years

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ago by previous owners. It was not the
current owners that constructed this. Uh

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and then they submitted their
application

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for this conditional after the fact
conditional use permit. Uh there's two

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sections of retaining walls, one on
either side of the steps that come down.

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00:13:35,040 --> 00:13:45,200
The north wall is 73 ft by about 3 and
12 to 4 ft tall. The south wall is 26 ft

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00:13:41,200 --> 00:13:49,760
long and again up to 4 ft tall. Um
aerial imagery shows it was constructed

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and/or modified between like 2005 and
2008 time frame. Shoreline permits for

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anything like this would have been
required after the mid1 1980s in this

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area. Uh they did come up with a
planting plan. We talked about this a

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little bit and they uh worked with
Minnesota Native Landscapes to develop a

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00:14:04,720 --> 00:14:13,120
native planting plan for the um there's
a few areas indicated in the pictures.

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Essentially u three separate areas
shown. The north side above the

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retaining wall is about 1,600 square ft.
uh the shoreline slope would be enhanced

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of uh that's about 1,600 square f feet
and then a buffer above the shoreline

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00:14:26,079 --> 00:14:32,959
slope area to be enhanced and that's
about 825 ft.

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00:14:30,959 --> 00:14:38,160
Uh the retaining wall has been in place
for many years. There's no current

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00:14:36,160 --> 00:14:42,240
erosion concerns associated with the
wall at this time. the planting plan is

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is sufficient to meet the minimum
requirements and it will also reduce the

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surface runoff from the slope um to
allow for some more infiltration into

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the ground instead of it running across
the surface. It conforms to the

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requirements of the permit and is
aligned with the goals of the

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comprehensive plan. So, um there's two
proposed conditions. One is that the

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planting plan as proposed would be
implemented by June 15th of next year.

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And then uh in terms of a financial
guarantee, a financial guarantee of cash

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asker letter of credit for $5,000 shall
be submitted to Sterns County to ensure

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establishment of the planting plan and
that would be returned once 70% of the

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vegetation cover is achieved.
Uh I did not receive any correspondence

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00:15:26,959 --> 00:15:33,360
on this item. I believe that's all I
got.

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00:15:30,399 --> 00:15:37,120
» Thank you, Nick. Uh do do the Wix uh
first introduce yourselves uh give your

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00:15:35,120 --> 00:15:41,959
name and address
and then if you have any comments,

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00:15:38,480 --> 00:15:41,959
additional comments.

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00:15:50,560 --> 00:15:55,839
Richmond.
>> Thank you. Do you have any additional

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comments you'd like to to add? Any?
>> Um, no. That pretty much, I guess, sums

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it up. Okay. We bought the house a
little over a year ago and um, from my

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understanding, yeah, that wall's been
there for 20 plus years from the

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previous owner and it's in good shape,
no deterioration, and straight and

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level, and I think doing what it's it
was originally intended to do.

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00:16:16,000 --> 00:16:19,000
» Okay.

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00:16:19,120 --> 00:16:25,199
Um I at this time we'll open a public
hearing. Is there anyone from the public

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00:16:23,120 --> 00:16:30,360
who wishes to speak regarding this
matter? Could come forward please.

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00:16:36,560 --> 00:16:40,560
» Good evening. [clears throat]
>> Good evening.

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00:16:39,360 --> 00:16:44,959
» State your name and address.
>> My name is Scott Gerkin and I have a few

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addresses in the county. um some in
Richmond, some just down from their

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property. Uh I just wanted to
[clears throat] say a few words. First

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of all,
>> Scott, could you give us one of the

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maybe the address where you live?
>> How about 15463 County Road 21? Great.

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00:16:57,360 --> 00:17:04,160
» And that'd be Watkins, which is a few
miles from the project.

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So, I I guess I'm a little concerned and
and I think this is probably the maybe

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the county's way of doing things, but
the way that it was handled, I don't

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think it was very
efficient or professional in that when

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he applied for the variance,
the first one was denied and now he has

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to come back and pay for and then apply
for this variance.

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00:17:25,120 --> 00:17:30,720
So, he's going to have to pay for this
and then you guys are probably going to

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charge him or Nick's office will with a
uh after the fact penalty on top of it.

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And I think as a as a county, they're
trying to do the right thing. The wall

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isn't damaged. They're not shoveling.
They're not moving any dirt. Um I I

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00:17:44,160 --> 00:17:50,559
think the county should take a look at
that and probably wave either both those

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00:17:48,080 --> 00:17:55,679
fees or definitely the penalty fee.
Second, I don't think that they should

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have to put down $7,000 or $5,000 cash
down to ensure that they're going to do

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the work. They came to the county to get
the proper variances for their house and

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now for the retaining wall that is doing
its job just fine.

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If you're going to insist that they pay
that, I think you should pay it back

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with interest when they complete the
property, just as though it were a loan

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to the county like anybody else would
expect interest on it.

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Thank you.
>> Okay. Thank you, Scott. Is there anyone

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else who wishes to speak to this matter?
Any other public testimony?

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Anyone?
Uh then I'll declare the public hearing

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closed.

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Does the commission have any questions
for staff or the applicant?

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» Uh I just have a question for the
applicants. Do you have any comments

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about what the gentleman just said?
>> Um, I guess,

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yeah, I understand there's a permit fee.
Um, there's an after fee.

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[clears throat]
I guess we're we want to get the project

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done. At the same time, it's been 20
plus years. We did not do it. I guess

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the penalty part is what it is, but I
guess in my honest opinion, I guess I

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don't I don't agree with that. Um why
we're being penalized

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when like I said, we had nothing to do
with it in the first place. So I guess

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we'll we'll do what needs to be done,
but I guess that would that would at the

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end of the day probably Yeah, I don't
necessarily agree with that.

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Anyone else?

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Mr. Chair, I've got a couple things. Uh,
first of all, Angie, do they have the

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the ability to request an appeal on that
at all?

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00:19:53,520 --> 00:19:57,440
» Uh, Mr. Chair, Commissioner Perski, the
appeal on the fee?

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00:19:56,880 --> 00:20:03,039
» Yes.
>> Yes, they could request relief from the

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00:20:00,880 --> 00:20:07,120
county board of commissioners.
um just for the public's and the

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00:20:04,799 --> 00:20:12,720
planning commission's benefit. The
reason there's after the fact fees

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00:20:08,640 --> 00:20:16,320
charged is we can't we can't go and find
the seller of the property and find them

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00:20:14,799 --> 00:20:21,760
for something that they did 20 years
ago. Our office has substantial

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00:20:19,280 --> 00:20:25,280
investment in
these projects that are after the fact.

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We have a lot of staff time that goes
into them. And so when the commissioner

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set the fees for 2026,
they were very aware that after the fact

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fees were going to be higher to
counteract those costs, or else

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obviously the result is the levy dollars
that everyone else in the county is

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going to be picking up. So that's a
county commissioner or county board of

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commissioners decision 100%. I would ask
that the planning commission not give an

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00:20:51,520 --> 00:20:58,080
opinion on that. Um, Commissioner
Perski, if you want to pursue something

155
00:20:56,320 --> 00:21:02,640
to that effect, that would be up to you
as a commissioner.

156
00:20:59,120 --> 00:21:07,360
» I I just uh when we, you know, increase
those fees, the idea was when we active,

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00:21:05,600 --> 00:21:11,840
we have people that are actively making
changes and they try to get by

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intentionally and are still at the
property owners. This is a little bit

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00:21:14,159 --> 00:21:19,840
more unique when it's a good number of
years have passed and of course, they

160
00:21:17,760 --> 00:21:27,840
weren't involved with the actual
construction of that wall. So, Yeah.

161
00:21:25,120 --> 00:21:32,080
» Uh I have a question, Angie. The it was
mentioned that they had a variance for

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00:21:29,760 --> 00:21:37,360
the the building project you want to do
that was turned down

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00:21:34,559 --> 00:21:42,240
because of this. It was a different
reason.

164
00:21:39,760 --> 00:21:45,520
» Uh Mr. Chair, members of the planning
commission. So, the variance was denied

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00:21:44,240 --> 00:21:50,000
for the reasons that the board of
adjustment established, not related to

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00:21:48,000 --> 00:21:53,280
the retaining wall. But there's a
provision in our ordinance that states

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00:21:51,760 --> 00:21:58,000
if you have a violation on your
property, you need to correct that

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00:21:55,280 --> 00:22:02,720
violation before you can obtain any
before you can apply for any permits.

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00:22:00,159 --> 00:22:06,640
So, they were aware unfortunately the
variance was denied and now they're here

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00:22:04,559 --> 00:22:10,000
to
obtain approval to keep the walls as

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existing.
>> Okay. So, one has nothing to do with the

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00:22:12,880 --> 00:22:17,200
other.
>> No, it just triggered one triggered the

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00:22:15,200 --> 00:22:19,919
other. Okay. But didn't was not part of
the findings for the board of

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00:22:18,640 --> 00:22:24,400
adjustments decision.
>> Okay.

175
00:22:22,080 --> 00:22:29,280
Mr. Chair, the other questions I had was
uh regards to the shoreline. Uh it looks

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00:22:27,280 --> 00:22:33,520
like you're going to be doing an rather
extensive restoration on the shoreline,

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00:22:32,159 --> 00:22:40,400
which is quite good. We like to see
that. And then uh as far as the rock is

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concerned, the uh rock at the base of
the uh shoreline, there's going to be no

179
00:22:43,280 --> 00:22:46,480
uh additional rock put in. Is that
correct?

180
00:22:46,080 --> 00:22:51,200
» No.
>> And that there's no erosion taking place

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00:22:48,400 --> 00:22:58,320
at that times at this time at all. So
>> Okay. I just wanted to be clear on that.

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00:22:55,200 --> 00:23:02,640
» Um Nick, when the the planting plan
occurs on this property,

183
00:23:00,880 --> 00:23:06,799
could you run through how that's going
to progress? Are they going to do they

184
00:23:04,320 --> 00:23:09,840
have to kill the existing grass that's
there?

185
00:23:08,240 --> 00:23:14,640
» Yep. So, some of that's outlined in the
fees um that Minnesota Native Landscapes

186
00:23:12,240 --> 00:23:18,880
put together in their estimate, but so
you terminate the existing vegetation

187
00:23:16,240 --> 00:23:22,320
that's there. It's usually sprayed. Um
you might do a touch-up spray to

188
00:23:20,880 --> 00:23:27,039
terminate the remaining vegetation
that's still there. Ideally, the

189
00:23:23,760 --> 00:23:31,120
planting happens later in the fall. Um
and then

190
00:23:29,120 --> 00:23:34,880
you know it it'll overwinter and then in
the spring it starts to come through. Um

191
00:23:33,600 --> 00:23:40,240
fall plantings you get a little bit
better establishment that following

192
00:23:36,320 --> 00:23:44,400
year. So um then once it's 70% cover
that financial guarantee is released you

193
00:23:42,480 --> 00:23:48,640
know we we follow up with a site visit
verify that it's growing then the

194
00:23:46,720 --> 00:23:52,640
financial guarantee can be released. I
did just want to make one more note as

195
00:23:50,240 --> 00:23:58,640
well on that financial guarantee. The
standard for financial guarantees is

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00:23:55,520 --> 00:24:02,240
125% of the cost of the project. Um
because this was an additional cost with

197
00:24:00,640 --> 00:24:06,640
this after the fact fee and they did not
do this project themselves, we did lower

198
00:24:04,640 --> 00:24:11,039
that to the $5,000. So that is
substantially less than what our

199
00:24:08,080 --> 00:24:14,720
standard 125% of the cost financial
guarantee would be as well. So So that

200
00:24:13,279 --> 00:24:19,840
is a measure that was taken to address
that part. Mr. M, sorry, Mr. Chair, I

201
00:24:18,480 --> 00:24:24,880
just want to make make sure that we
again we are not voting on the costs and

202
00:24:22,640 --> 00:24:29,520
and so forth. We are really voting on a
shoreland uh alternation improvements

203
00:24:27,919 --> 00:24:36,159
really what you're doing as far as
planting correct and approving that plan

204
00:24:32,799 --> 00:24:41,679
not not necessarily the cost the permits
the variances so forth just just to be

205
00:24:38,320 --> 00:24:46,080
clear on that. So uh I for my part I
like what you're proposing to do on a

206
00:24:43,440 --> 00:24:51,760
shoreline to to protect the water
quality. Uh, as far as the cost, there

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00:24:48,799 --> 00:24:55,919
is apparently a a process to to really
challenge that and and have that

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00:24:54,240 --> 00:25:01,480
discussion with the board directly. I
don't think the planning commission will

209
00:24:57,440 --> 00:25:01,480
weigh on that tonight.

210
00:25:02,080 --> 00:25:10,320
I mean, the concern I have about
terminating the existing sod that's

211
00:25:06,400 --> 00:25:15,360
there is erosion. Is is that a concern
and how is that going to be addressed?

212
00:25:12,960 --> 00:25:18,320
» Sure, Mr. Chair. Um, so Minnesota Native
Landscapes is an established contractor

213
00:25:17,039 --> 00:25:22,000
that's done a lot of work in the county
and elsewhere in the state. So, it's a

214
00:25:20,080 --> 00:25:27,120
common practice when you terminate that.
Um, you still have that vegetation, the

215
00:25:24,480 --> 00:25:31,679
dead, you know, vegetative cover. Um,
it's not like it's a disturbed area, you

216
00:25:30,159 --> 00:25:36,559
know, where you're tearing out every all
the roots and everything. Um and then in

217
00:25:33,840 --> 00:25:41,120
addition you know after planting uh it
all gets covered up again you know if if

218
00:25:39,279 --> 00:25:45,440
there are areas with disturbed soil it
gets covered with erosion control

219
00:25:42,320 --> 00:25:49,360
blanket and covered and then over winter
it's not you know concern with snow

220
00:25:47,279 --> 00:25:53,120
cover and with all of that covered it
does grow through pretty well and

221
00:25:50,960 --> 00:25:59,679
erosion is not an issue and from from
what I saw in their proposal here um

222
00:25:55,760 --> 00:26:04,000
this is done it's very commonly done on
slopes like this and much steeper

223
00:26:04,159 --> 00:26:11,760
What if we vote um to recommend not to
approve this? What would they have to do

224
00:26:09,840 --> 00:26:17,039
to the property?
>> Uh then the retaining wall would need to

225
00:26:13,600 --> 00:26:21,039
be removed or they would have to bring
it down to what a administrative minor

226
00:26:19,120 --> 00:26:25,039
shoreland alteration permit would allow
which would actually be very limited

227
00:26:22,400 --> 00:26:29,840
here due to the slope um that's present.
So essentially the wall would have to be

228
00:26:26,640 --> 00:26:35,120
removed um if it was denied. Do we have
an idea of what the the area looked like

229
00:26:32,559 --> 00:26:40,000
before the wall was put up?
>> It's hard to tell. Um

230
00:26:38,159 --> 00:26:45,760
I mean it probably looked somewhat
similar to the adjacent slope. Um

231
00:26:44,080 --> 00:26:51,279
again I mean a lot of these areas have
been altered to some extent over the

232
00:26:47,360 --> 00:26:56,320
years. So there's really no way to know
even reasonably close necessarily what

233
00:26:53,440 --> 00:27:00,400
what it was like. Um, you know, like I
did mention, there were permits just a

234
00:26:58,400 --> 00:27:04,880
couple houses down on both sides of them
from the 80s. Um, they were

235
00:27:02,880 --> 00:27:08,880
substantially smaller projects, but the
a lot of these areas have had

236
00:27:06,159 --> 00:27:15,440
alterations done in some form over time.
And, um,

237
00:27:12,400 --> 00:27:19,200
as I noted, there's there's no there's
no, you know, substantial erosion issue

238
00:27:17,360 --> 00:27:23,039
or runoff problems that this wall is
causing at the present time. it's been

239
00:27:20,559 --> 00:27:26,960
here a while and it's not if if it if
there were areas of concentrated runoff

240
00:27:25,200 --> 00:27:30,559
or erosion problems or something then
that might be something that I would

241
00:27:28,159 --> 00:27:34,080
really want you know some clarity on and
we would have probably talked about that

242
00:27:31,760 --> 00:27:38,480
more to address that but that's not the
case from from what I've seen here.

243
00:27:36,880 --> 00:27:44,159
» Okay.
Are there any other questions of the

244
00:27:40,720 --> 00:27:50,400
applicant or staff or
any discussion amongst the commission?

245
00:27:48,320 --> 00:27:53,400
Are we ready to move to the finding the
fact

246
00:27:55,919 --> 00:28:01,279
number one? Can the applicant
sufficiently document that the

247
00:27:59,279 --> 00:28:06,640
alteration was done to protect water
quality, improve aesthetics, control

248
00:28:04,080 --> 00:28:11,520
erosion, or enhance habitat? Please
describe the reasons the applicant made

249
00:28:08,399 --> 00:28:15,880
the alteration and include documentation
if possible or if available.

250
00:28:20,080 --> 00:28:26,880
Mr. Chair,
>> yep. I uh in my my opinion, the

251
00:28:24,799 --> 00:28:31,520
applicant has made sufficiently
documented the that the alternation will

252
00:28:29,600 --> 00:28:36,000
take place as appropriately as as
requested by the by the county to

253
00:28:34,080 --> 00:28:40,320
improve aesthetic control, erosion and
enhance uh water, you know, protect the

254
00:28:38,399 --> 00:28:45,279
water quality
and documentation is submitted with this

255
00:28:42,480 --> 00:28:49,360
together with proposed conditions by the
county.

256
00:28:46,320 --> 00:28:53,760
» Okay. Number two, why did the applicant
fail to obtain an alteration permit or

257
00:28:52,000 --> 00:28:58,080
comply with requirements before
commencing work?

258
00:28:56,320 --> 00:29:02,720
That's kind of obvious. They didn't do
it. Some previous owner, do you know it

259
00:29:00,640 --> 00:29:04,880
was the previous owner or several
owners? Previous

260
00:29:04,000 --> 00:29:07,880
» one previous owner.
>> Okay.

261
00:29:08,240 --> 00:29:15,279
Number three, did the applicant obtain
all other required permits and comply

262
00:29:12,880 --> 00:29:19,279
with other requirements? Uh, please
identify all other required permits and

263
00:29:17,279 --> 00:29:26,559
whether the applicant obtained the
permits.

264
00:29:21,760 --> 00:29:34,000
» Mr. Chair, the applicant was required to
apply for this permit to apply for his

265
00:29:30,000 --> 00:29:37,919
variance request and he had to do a
compliance inspection on the septic

266
00:29:36,000 --> 00:29:42,640
system.
>> Thank you, Dave. Number four is the

267
00:29:40,080 --> 00:29:47,760
alteration in a sensitive area like a
shore or bluff impact zone, a wetland

268
00:29:45,279 --> 00:29:53,120
buffer, county by biological survey
site, or other documented high value

269
00:29:50,480 --> 00:29:56,679
habitat. Identify and describe all
sensitive areas.

270
00:30:04,080 --> 00:30:11,520
I would guess it was just the the the
shore or bluff impact zone and the

271
00:30:08,960 --> 00:30:15,679
others probably did not
uh impact this site.

272
00:30:14,000 --> 00:30:20,919
» It doesn't look it's in a flood plane,
right? And it's not in a wetland area.

273
00:30:21,760 --> 00:30:29,360
» Number five, is the alteration visible
from the lake or public water? describe

274
00:30:27,039 --> 00:30:32,360
the degree to which the alteration is
visible.

275
00:30:32,720 --> 00:30:39,520
» Mr. Chair, it is visible from the water,
but it's going to be, I would say,

276
00:30:37,520 --> 00:30:43,279
enhancing the appearance from the
standpoint you're going to see the

277
00:30:41,279 --> 00:30:48,000
natural vegetation that you have planned
for it.

278
00:30:45,279 --> 00:30:52,000
» Thank you, Rich. Uh, number six, does
the alteration affect the character of

279
00:30:49,760 --> 00:30:56,799
the neighborhood or will it result in a
substantial detriment to neighboring

280
00:30:54,240 --> 00:31:00,440
properties? describe all substantial
changes and detriments.

281
00:31:00,799 --> 00:31:07,440
» Mr. Chair, I don't uh the the
alternation will not negatively affect

282
00:31:05,520 --> 00:31:11,120
the neighborhood or or neighborhood
neighboring properties. In in fact, it's

283
00:31:09,679 --> 00:31:16,399
going to enhance aesthetic, the
character, the vegetative buffer,

284
00:31:13,279 --> 00:31:20,880
erosion, sediment control, u water
quality, storm water system management,

285
00:31:19,039 --> 00:31:26,799
uh wildlife and all that, you know,
efficient. So, it's it's really a

286
00:31:22,159 --> 00:31:31,200
positive uh effort. Thank you, Angie.
Uh, number seven, did the alteration

287
00:31:28,559 --> 00:31:37,120
reduce or eliminate an existing buffer
between the ordinary ordinary high water

288
00:31:33,760 --> 00:31:41,840
level water and impervious surfaces or
create a more direct conduit for storm

289
00:31:38,960 --> 00:31:46,679
water flow into public waters?
Uh, please describe for the answer

290
00:31:47,519 --> 00:31:52,399
» again. M.
[laughter]

291
00:31:50,880 --> 00:31:56,559
» Oh, go ahead, Cindy.
>> Mr. Chair, I was just going to clarify

292
00:31:54,080 --> 00:32:04,799
that I believe that the alteration um
improves the um existing buffer um and

293
00:32:00,480 --> 00:32:10,960
will in um and will inrove
improve that um storm water flow.

294
00:32:08,480 --> 00:32:14,559
» Thank you. Okay, Angie. Anything else?
>> Yeah, I I want to echo what was said.

295
00:32:12,880 --> 00:32:18,159
The proposed alteration, right, will
will improve the water quality because

296
00:32:16,000 --> 00:32:21,919
it will filter that first runoff. It
will reduce that pollutants coming into

297
00:32:20,240 --> 00:32:28,240
into the water really. So it's it's
again in all in all the proposed uh

298
00:32:24,559 --> 00:32:33,679
vegetation plan, vegetative plan etc is
uh uh is commendable.

299
00:32:31,600 --> 00:32:39,279
» Number eight,
>> I just want to point out that um are we

300
00:32:36,799 --> 00:32:45,600
referring to the alteration in the
retaining walls that were put in? Uh and

301
00:32:42,559 --> 00:32:50,880
then to remedy
the situation there, this property owner

302
00:32:49,600 --> 00:32:57,519
is [snorts]
getting um natural vegetation involved

303
00:32:54,480 --> 00:33:03,039
to do a better job of anchoring the the
the bluff area.

304
00:33:00,799 --> 00:33:06,480
» Thank you, Rich.
Number eight, did the alteration change

305
00:33:04,720 --> 00:33:12,000
or damage any of the following
categories? Uh describe the change or

306
00:33:09,600 --> 00:33:16,799
damage for each category.
uh aesthetics of the shore as viewed

307
00:33:14,399 --> 00:33:22,000
from the public water. Character of the
neighborhood or shoreline, vegetated

308
00:33:19,120 --> 00:33:28,000
buffer, erosion or sediment control
device or system, storm water management

309
00:33:24,640 --> 00:33:33,240
device or system, fish or wildlife,
wildlife habitat, or water quality.

310
00:33:34,000 --> 00:33:38,600
No, I think we're talking about the
original alteration.

311
00:33:44,880 --> 00:33:57,600
» Mr. Chair, I believe that
it it did alter the aesthetics

312
00:33:53,039 --> 00:34:03,279
um with the view from the lake
and

313
00:33:59,840 --> 00:34:09,200
it may have altered
some of the storm water drainage to the

314
00:34:05,519 --> 00:34:14,679
lake. Um there was no indication of
erosion.

315
00:34:11,679 --> 00:34:14,679
Um,

316
00:34:15,280 --> 00:34:18,919
» that's about it.

317
00:34:22,480 --> 00:34:29,119
Number nine. Could the applicant
mitigate the damage or change without

318
00:34:26,399 --> 00:34:34,240
removing the alteration and restoring
the site? Please explain how mitigation

319
00:34:32,399 --> 00:34:37,839
would occur and the results of the
mitigation.

320
00:34:35,760 --> 00:34:46,839
I think Nick uh described what would
happen if

321
00:34:40,960 --> 00:34:46,839
uh if if we had to uh restore it.

322
00:34:49,760 --> 00:34:54,440
Anyone want to add anything to that?

323
00:34:55,839 --> 00:35:01,400
Mr. Sure. I believe that
uh

324
00:35:01,599 --> 00:35:13,480
removing the the existing retaining wall
possibly could cause more damage

325
00:35:14,960 --> 00:35:23,200
than leaving the leaving leaving the
wall in and making the

326
00:35:20,240 --> 00:35:26,800
or doing the vegetative buffers.
>> Okay.

327
00:35:24,960 --> 00:35:32,480
Thanks, Dave. Number 10. Would the
minimum benefits to the county appear to

328
00:35:29,680 --> 00:35:37,040
be far outweighed by the detriment the
applicant would suffer if forced to

329
00:35:34,320 --> 00:35:40,960
restore the alteration? Why or why not?
And then describe the minimum benefits

330
00:35:38,800 --> 00:35:43,960
and details of the detriment to the
applicant.

331
00:35:49,119 --> 00:35:57,839
Uh Mr. Chair, I don't see any benefits
to the county of um having them restore

332
00:35:56,000 --> 00:36:02,920
the alteration
back to its previous condition.

333
00:36:05,440 --> 00:36:09,640
Any other opinions on that?

334
00:36:15,440 --> 00:36:21,280
Mr. Chair, I I do believe there is a
feasible plan to actually uh mitigate

335
00:36:20,000 --> 00:36:26,160
the damage of of the previous
alteration, I guess, by by uh without

336
00:36:23,760 --> 00:36:29,520
removing the alteration and and putting
together, you know, implementing this

337
00:36:27,680 --> 00:36:34,560
planting plan that that we have been
discussing uh today. Um and yeah,

338
00:36:33,119 --> 00:36:38,240
there's no benefit to the county to
remove in my opinion retaining wall.

339
00:36:36,240 --> 00:36:42,560
It's actually more damage probably
erosion and steeper slopes uh uh and and

340
00:36:41,280 --> 00:36:48,640
the water quality. I don't know how
would water quality benefit plus the

341
00:36:44,480 --> 00:36:52,800
owners will incur substantial cost.
>> Okay.

342
00:36:51,040 --> 00:37:00,079
Uh that at this time I'm looking for a
motion to approve or deny the request.

343
00:36:58,079 --> 00:37:03,680
» Mr. Chair [laughter]
>> Rich,

344
00:37:01,119 --> 00:37:09,839
» uh I move that we approve
um the after the fact application with

345
00:37:07,520 --> 00:37:14,240
the two pro uh excuse me proposed
conditions.

346
00:37:11,359 --> 00:37:17,720
Um, in regards to the planting and the
financial guarantee,

347
00:37:18,240 --> 00:37:21,560
» I'll second.

348
00:37:22,000 --> 00:37:30,960
Rich made a motion to approve the after
the fact request. Dave seconded the

349
00:37:28,240 --> 00:37:35,520
motion. Is there any discussion?
Any discussion? [sighs]

350
00:37:33,119 --> 00:37:39,119
If not, all in favor?
>> I I.

351
00:37:36,800 --> 00:37:44,079
» All opposed?
Motion carries. I believe the county

352
00:37:41,920 --> 00:37:47,680
commissioners will make a the final
determination. We're a recommending

353
00:37:45,920 --> 00:37:54,240
board. The the commissioners will make a
final deter determination I think

354
00:37:50,079 --> 00:38:01,119
September 15. That sound right?
>> I think I saw that somewhere. Thank you.

355
00:37:57,839 --> 00:38:04,720
» Sorry you had to go through this. It's
>> that commissioners meeting. Is that

356
00:38:03,040 --> 00:38:07,839
anything that we have to attend as well
or

357
00:38:06,160 --> 00:38:11,271
» if you want to talk about the fees
maybe? [clears throat]

358
00:38:09,251 --> 00:38:11,271
[laughter]

359
00:38:13,040 --> 00:38:16,280
Thank you.

360
00:38:18,560 --> 00:38:26,079
» Our next item is to consider request for
conditional use permit submitted by

361
00:38:23,520 --> 00:38:29,680
Jiren and Brenda Nathy of Melrose.
Jiren, would you come forward, please?

362
00:38:28,079 --> 00:38:34,880
According to the requirements of Sterns
County Land Use and Zoning Ordinance

363
00:38:31,520 --> 00:38:39,599
439, section 6.8 8 requires a
conditional use permit for feed lots

364
00:38:36,960 --> 00:38:45,119
with 700 animal units or more that are
proposing changes. The property under

365
00:38:41,520 --> 00:38:52,640
consideration is located at 41887 County
Road 13 Melrose.

366
00:38:48,079 --> 00:38:55,680
Uh members who visited the site,
uh I did. Cindy,

367
00:38:54,400 --> 00:38:58,400
» yes.
>> Dave,

368
00:38:56,400 --> 00:39:00,240
» no.
>> Rich,

369
00:38:59,040 --> 00:39:03,920
» yes.
>> Angie,

370
00:39:01,280 --> 00:39:07,119
» yes. and Commissioner Perski.
>> Yes.

371
00:39:04,720 --> 00:39:10,400
» Okay.
Uh Amber, would you care to give us a

372
00:39:08,960 --> 00:39:13,839
staff report?
>> Yeah. Good evening, Mr. Chair, members

373
00:39:12,079 --> 00:39:19,680
of the board.
Um, the applicant is looking to increase

374
00:39:16,640 --> 00:39:26,000
animal units up to 818,
construct a 40x 64 total confinement

375
00:39:23,200 --> 00:39:32,560
barn, which is number eight on the map,
and also planning to expand the minur um

376
00:39:29,839 --> 00:39:38,000
manur stockpile area, the concrete
stockpile pad, um, by about a third, um,

377
00:39:36,880 --> 00:39:44,000
5,300 [clears throat]
square ft to be a total of 15,000 square

378
00:39:40,880 --> 00:39:48,800
ft. And then during the review of this
site, it was found that there was an

379
00:39:45,680 --> 00:39:54,000
existing settling basin that was on a on
a plan from NRCS back in 2008 that was

380
00:39:52,240 --> 00:39:58,320
just overlooked. So that's also getting
added to the permit. It it does meet all

381
00:39:56,480 --> 00:40:03,599
the requirements. So that's noted on
here as well.

382
00:40:01,599 --> 00:40:10,880
The feed lot was originally registered
back in February of 1999 for 342 animal

383
00:40:07,760 --> 00:40:19,040
units. Um the last permit was issued May
7th of 2018 for 698 animal units and

384
00:40:15,599 --> 00:40:24,160
this July a registration came in for 804
animal units and that was over the

385
00:40:22,320 --> 00:40:31,388
maximum for the site. So that's what
triggered um a non-compliance letter

386
00:40:26,640 --> 00:40:35,520
sent to the to the land owners.
[clears throat] Um when that letter was

387
00:40:33,040 --> 00:40:43,280
sent then an application was submitted
on July 8th

388
00:40:40,160 --> 00:40:47,440
um proposing the increase to the 818
animal units. So I was out there on July

389
00:40:45,520 --> 00:40:54,400
8th for a compliance inspection and
determined the facility to be compliant

390
00:40:50,800 --> 00:40:59,553
with water quality and I also did review
records and a min management plan and

391
00:40:56,240 --> 00:41:04,160
both were found compliant as well.
[clears throat]

392
00:41:01,359 --> 00:41:13,400
Um, all surrounding properties are zoned
A80. The nearest residence is 3,288

393
00:41:09,680 --> 00:41:13,400
ft to the west.

394
00:41:13,760 --> 00:41:22,480
F FRC did review this uh request on
August 5th at their meeting and did

395
00:41:19,760 --> 00:41:27,280
approve it with the recommended um with
this staff recommendations or conditions

396
00:41:25,440 --> 00:41:33,599
I should say.
And if approved, it would go to the

397
00:41:29,920 --> 00:41:38,160
county board meeting September 15th,
2026. That's all I have.

398
00:41:35,920 --> 00:41:41,359
» Okay. Thank you, Amber.
>> Um

399
00:41:39,760 --> 00:41:46,800
Jiren, would you state your name and
address for the record, please?

400
00:41:43,440 --> 00:41:51,359
» Jiren Nathy, 35073
County Road 13, Melrose.

401
00:41:49,599 --> 00:41:55,200
» Thank Do you have anything to add to the
report?

402
00:41:52,720 --> 00:41:58,400
» Um I don't. She covered it very well, I
believe.

403
00:41:55,760 --> 00:41:58,400
» Okay.

404
00:41:58,640 --> 00:42:04,000
Does um well, we'll open the public
hearing at this time. Is there anyone

405
00:42:02,079 --> 00:42:09,240
from the public who wishes to make a
comment?

406
00:42:06,240 --> 00:42:09,240
Anyone?

407
00:42:09,359 --> 00:42:18,079
Anyone? At this time, we'll close the
public hearing. Uh does the any of the

408
00:42:16,000 --> 00:42:21,720
commission have any questions for the
staff or applicant?

409
00:42:24,800 --> 00:42:27,920
» Kind of quiet.

410
00:42:35,760 --> 00:42:39,824
Is there any further discussion?
[laughter]

411
00:42:40,480 --> 00:42:47,280
» I always like it when uh no one's here
to uh from the public to complain, if

412
00:42:45,760 --> 00:42:55,200
you will. That means you're doing a good
job out there.

413
00:42:50,640 --> 00:42:59,920
» Are we ready for the finding the fact?
I guess we are. Is their proposal

414
00:42:58,160 --> 00:43:07,160
consistent with the Sterns County zoning
ordinance number 439? Please specify all

415
00:43:02,800 --> 00:43:07,160
performance standards that apply.

416
00:43:08,079 --> 00:43:18,800
Mr. Chair, uh it is consistent with
zoning ordinance 439

417
00:43:15,839 --> 00:43:22,720
sections 4.8,
4.14,

418
00:43:21,119 --> 00:43:26,040
6.8,
and 9.2.

419
00:43:26,480 --> 00:43:35,440
Thanks, Rich. Number two, is there an
environmental assessment worksheet?

420
00:43:32,800 --> 00:43:41,200
Um, environmental impact statement,
national pollution discharge, discharge

421
00:43:37,839 --> 00:43:46,599
elimination system, state disposal
system or other permit required for this

422
00:43:43,599 --> 00:43:46,599
facility.

423
00:43:52,160 --> 00:43:59,599
Mr. Mr. Chair, it was indicated that no
additional permits were needed.

424
00:43:57,119 --> 00:44:03,599
» Thank you, Cindy. Does the proposal
conform to the goals and objectives of

425
00:44:01,200 --> 00:44:07,680
the Sterns County Comprehensive Land Use
Plan? Please specify the appropriate

426
00:44:06,160 --> 00:44:13,119
sections.
>> Mr. chair. I think that uh the the the

427
00:44:11,440 --> 00:44:17,680
application complies with the
agriculture pillar goals that support

428
00:44:15,599 --> 00:44:21,119
agriculture as a desirable land use for
the long term and facilitate

429
00:44:19,359 --> 00:44:25,599
diversification of the county's
agricultural economy as well as with the

430
00:44:23,599 --> 00:44:30,560
living pillar, manage the impacts of the
growth and development on the county's

431
00:44:27,359 --> 00:44:35,520
raw character and natural resources.
>> Thank you, Angie.

432
00:44:33,119 --> 00:44:39,839
Number four, will the site configuration
number and types of animals at this site

433
00:44:37,520 --> 00:44:45,280
and prevailing wind conditions impact
any of the following: traffic, public

434
00:44:42,800 --> 00:44:52,200
safety, schools, parks, churches, or
other municipal or residential areas, or

435
00:44:48,720 --> 00:44:52,200
any other impacts?

436
00:44:58,160 --> 00:45:04,480
I don't think it will be. He's what
3,000 some feet from the closest

437
00:45:02,640 --> 00:45:08,240
neighbor.
Number five, has the has information

438
00:45:06,319 --> 00:45:13,800
been provided regarding the impact to
property values in the area as a result

439
00:45:10,400 --> 00:45:13,800
of the proposal?

440
00:45:14,240 --> 00:45:21,359
» Mr. Chair, none have been provided.
>> Thanks, Rich. Number six, have all

441
00:45:19,200 --> 00:45:26,280
recommendations from the feed lot review
committee and feed lot staff been

442
00:45:23,280 --> 00:45:26,280
reviewed?

443
00:45:26,640 --> 00:45:30,480
» Mr. Chair, I believe they have.

444
00:45:30,720 --> 00:45:37,240
Okay. And number seven, are there any
other issues pertinent to this matter?

445
00:45:53,280 --> 00:46:00,911
I guess we could list just the two
conditions that have been listed. um

446
00:45:57,040 --> 00:46:00,911
they may be pertinent. [sighs]

447
00:46:03,359 --> 00:46:09,760
Okay. Again, note that the planning
commission is a recommending body to the

448
00:46:06,640 --> 00:46:13,760
county board and any uh motion related
to the conditional use permit uh should

449
00:46:12,000 --> 00:46:19,839
be made in that context if the county
board makes the final decision.

450
00:46:16,400 --> 00:46:26,160
Can I get a motion to approve or deny
this request?

451
00:46:23,040 --> 00:46:31,200
Um, I uh u move a motion to approve with
the conditions to staff conditions.

452
00:46:29,599 --> 00:46:37,119
» I will second that.
>> Angie made a motion. Um, Rich made a

453
00:46:34,560 --> 00:46:41,520
second the motion. Is there any
discussion?

454
00:46:39,280 --> 00:46:43,839
Any discussion?
All in favor?

455
00:46:43,200 --> 00:46:48,880
» I
>> I

456
00:46:44,400 --> 00:46:53,440
» opposed. Motion carries. Um the county
commissioners will make a final

457
00:46:50,160 --> 00:46:58,119
determination on September 15th
and uh so you're good to go unless

458
00:47:01,680 --> 00:47:06,760
» y
>> thanks Jarren.

459
00:47:03,599 --> 00:47:06,760
» Thank you.

460
00:47:09,920 --> 00:47:16,640
» Does anyone have any questions of the
minutes of July 23rd meeting? If not, I

461
00:47:15,200 --> 00:47:20,839
am looking for a motion to approve the
minutes.

462
00:47:17,200 --> 00:47:20,839
» I'll make that motion.

463
00:47:21,200 --> 00:47:27,440
» I'll second.
>> Rich moved and Dave seconded the motion

464
00:47:25,680 --> 00:47:30,560
to approve the minutes of the July 23rd
meeting. All in favor?

465
00:47:29,920 --> 00:47:32,880
» I
>> I

466
00:47:31,119 --> 00:47:36,280
» opposed.
Motion carries.

467
00:47:36,400 --> 00:47:43,920
If there's nothing else that anyone has,
I guess I'm looking for a motion to

468
00:47:42,240 --> 00:47:46,920
adjurnn. I'll make the motion to
adjurnn.

469
00:47:49,119 --> 00:47:51,440
» Dave, are you going to second that
motion?

470
00:47:50,880 --> 00:47:56,000
» Second.
>> Dave seconded the motion to adjurnn.

471
00:47:54,560 --> 00:48:02,088
» All in favor?
>> I opposed.

472
00:47:57,520 --> 00:48:02,088
» Motion carries. Thanks, Dave. [laughter]

473
00:48:02,480 --> 00:48:05,960
» You're going to do every