planning commission/board of adjustment - regular meeting

STATED MINUTES

Crow Wing County Planning Commission/Board of Adjustment

07/15/2021

5:00 PM

County Board Room, 3rd floor, Historic Courthouse

326 Laurel Street, Brainerd, MN 56401

of 15

1. Call to Order

PRESENT: Maske, Yliniemi, Hales, Best, Skogen

ABSENT:

2. Review & Approve the June 17, 2021, Planning Commission / Board of Adjustment Meeting Minutes and Findings of Fact

Action: Motion by Yliniemi; supported by Best to approve the June 17, 2021, Planning

Commission / Board of Adjustment Meetings Findings of Facts.

Roll call vote: Maske, Skogen, Best, Ylimiemi Hales - all voting “Aye”; Motion passed.

3. Old Business

3.1. Tracts LLC - Preliminary Plat Tracts LLC

99230692 - PID

Joe Ranweiler, property owner, was present in person. Frie read the request as well as the property information into the record citing Land Use Ordinance and staff comments. Reviewed the history from April of 2021, a Conditional Use Permit for duplexes with conditions which was approved. Reviewed the survey received, non-riparian lot on Natural Environment Lake. No comments from Township as this is Unorganized 1st Assessment, County Highway Department commented on entrance permit recommended, existing entrance removed, Barbeau Road right of way needs to be dedicated to the public as part of the Plat. No comment from the DNR. No other comments received.

Hales asked the applicant if he had any additional comments. Nothing was presented.

Hales called for public testimony for both in-person and virtual attendees. None was presented. Hales then closed public testimony.

Maske asked question of applicant on private road, county specs. She asked if applicant had contacted Tim Bray, County Engineer, about in the future, the county potentially taking this road over and accepting it as is, and not having it up to county standards. The

July 15, 2021 Planning Commission/Board of Adjustment

applicant has not spoken to Tim Bray. Discussion on private roads and what if questions were addressed.

Skogen then read the on-site report into the record. Hales asked if there were any additional comments or discussion. None was presented.

The Board then went through the Findings of Fact questions for a Preliminary Plat application.

July 15, 2021, Action:

Decision: Motion by Maske; supported by Yliniemi, to make a recommendation to the County Board of Commissioners to APPROVE the revised Conservation Design, of “THE ORCHARD” consisting of five (5) total Lots:

Four (4) Lots for individual, residential dwelling units [two - duplexes]

One (1) Common Lot for Open Space

** all per revised Preliminary Plat and Certificate of Survey Received June 24, 2021

Conditions:

1. A Stormwater Pollution Prevention Plan (SWPPP) issued by the State of Minnesota must be obtained and submitted to the County prior to the start of residential development operations, including demolition and grading.

2. A Developers Agreement meeting the requirements of Article 9.9 of the Land Use Ordinance must be submitted to the County prior to the start of development operations, including demolition and grading and prior to the issuance of any land use permits for the property. The developer's agreement shall identify a timeline to construct and implement plat improvements including erosion control plans and stormwater management implementation as required by the Ordinance. In addition, financial assurance (guarantee) shall be submitted to the County established at 1.25 times the estimated improvement construction cost must be submitted at the time of development agreement submission.

3. The final plat must be filed with the County within one year of the approval of the preliminary plat, as per Article 9.6 G1 of the Land Use Ordinance.

4. Construction and permitting processes may be allowed to occur prior to the approval and recording of the final plat. However, the locations of proposed dwelling units and structures on the property must substantially conform to the locations identified within the preliminary plat. It shall be the discretion of the Zoning administrator to determine if the locations of proposed structures and dwelling units substantially conforms to the approved preliminary plat. Substantial deviations may require a plat re-submittal.

5. All conditions approved by the Board of Adjustment (BOA) for the duplexes CUP from the 4/15/2021 hearing must be adhered to as a condition of this plat.

6. Once the new proposed access is constructed and in use, the existing entrance at 5418 Barbeau Road will need to be removed. The right of way along Barbeau shall be dedicated to the public at the time of submission of Final Plat.


Roll call vote: Yliniemi, Skogen, Best, Maske, Hales - all voting "Aye"; Unanimous, Motion carried.

Parcel Number: 99230692

Per findings of fact discussed 07-15-2021, and on-site conducted 06-29-2021. All per Preliminary Plat / Certificate of Survey received 03/09/2021. Located on part of the SE ¼ of the SE ¼ described as follows; Beginning at the SW corner of Said SE ¼ of the SE ¼, then…; Section 23, Township 134, Range 29; Unorganized/First Assessment, Crow Wing County, Minnesota

RESULT: APPROVED [UNANIMOUS]

MOVER: Sue Maske, Board Member

SECONDER: Rock Yliniemi, Board Member

AYES: Maske, Yliniemi, Hales, Best, Skogen

4. New Business

4.1. B-Dirt LLC - Preliminary Plat B-DIRT LLC (Joe Ranweiler)

77200609, 77200502 - PID’s

Joe Ranweiler, represents B-DIRT LLC, and Paul Herkenhoff, Authorized Agent, were present in person. Frie read the Preliminary Plat requests as well as the property information into the record citing Land Use Ordinance and staff comments. Reviewed the request on the Survey, noting the individual lots along with the road on the property. Existing house and garage that will be removed. There will be an association building for gatherings, meeting all setbacks. None of the proposed lots or dwellings are located in the first tier. No variances required, as the proposed Preliminary Plat meets the minimum ordinance requirements for a conservation development. Frie reviewed septic, a community septic for the development was shown on the survey. A letter was provided by Martin Joyce, from the applicant that they will meet requirements. Mission Township recommended non-approval for the Preliminary Plat. Highway department commented this would have no effect on the highway. Mission Township Fire Department comment received and they wanted reassurance from the applicant that all of the igress/egress fire codes would be adhered. No comment from DNR on the revised plat. Received comment from Lake Association for Horseshoe not in support of this proposal. 120 comments received by Land Services in the packet and 23 comments from the public as of 3:00 pm (7/15/2021), all not in support of this proposal.

Hales asked the property owners if they had any additional comments. None was presented.

Hales called for public testimony in-person attendees. Nine individuals provided public testimony in-person expressing concern with size of roads and safety,

Hales asked if anyone else had any in-person testimony. Hales then closed public


testimony in person.

Hales then called for online testimony. None was presented. Hales then closed public testimony online.

Ranweiler to address public comments. Hales requested Ranweiler to address public comments. Herkenhoff addressed that Premliminary Plat has been reviewed by CWC staff, CWC surveyor, DNR, Highway department and a licensed engineer. Complies with all ordinances and complies with Article 9.6 F 1-12.

Board Discussion

Maske asked where is the alternate septic site. Herkenhoff stated there are three other sites identified.

Maske asked what is the width of the driveway coming in. Herkenhoff stated 14 feet. Maske asked if that was wide enough for two cars to get by on. Herkenhoff stated that was reviewed by engineer.

Best then read the onsite report into the record. Hales asked if there were any additional comments or discussion.

Maske asked applicant if they had considered from their on-site visit, to require all owners to become a member of the Lake Association and making one of the storage units into a wash basin that will allow people to wash their boats before going in and after coming out. Ranweiler made the offer to Bob from the Lake Association and to contact B-DIRT LLC to discuss further. Have not heard from them but is willing to do both.

The Board then went through the Findings of Fact questions for a Preliminary Plat application.

Discussion on adding condition about road width. Frie put up survey on screen for discussion. Skogen asked about parking spots.

Hales asked for a motion.

Motion by Maske to approve preliminary Plat. Conditions plus adding condition about widening road per Fire Department regulations, Failed; lack of second.


Decision: Motion by Yliniemi; supported by Skogen to deny the Preliminary Plat request for:

The Preliminary Plat, Conservation Development of “Hideaway Bay” with Fifteen


(15) total lots consisting of:

- Fourteen (14) individual lots for residential dwellings (Lots 1 - 14)

- One (1) Out-Lot (Lot 15) to include:

An Association Building (no living quarters);

Two (2) association storage buildings

**all per revised Preliminary Plat / Certificate of Survey received 06/11/2021, and Exhibits received 6/24/2021.

Roll call vote: Yliniemi, Skogen, Best, Hales - voting "Aye"; Maske - voting “Nay”, Motion carried.

Parcel Number: 77200609, 77200502

Per findings of fact discussed 07-15-2021, and on-sites conducted 05-06-2021 and 6-29-2021. All per the revised Preliminary Plat / Certificate of Survey received 06/11/2021, and Exhibits received 6/24/2021. Located at 14331 Thistle Trail, Merrifield, MN 56465; Located on the North 225 feet of the South 825 feet of Government Lot 2; AND, on the North 200 feet of the South 600 feet of Gov’t Lot 2; Section 20, Township 136, Range 27; Mission Township, Crow Wing County, Minnesota

RESULT: DENIED [4 TO 1]

MOVER: Rock Yliniemi, Rick Skogen

AYES: Rock Yliniemi, Don Hales, Rebecca Best, Rick Skogen

NAYS: Sue Maske

4.2. 1898 Investments LLC - Conditional Use Permit Amendment 1898 Investments LLC

50030575, 50030565, 50030564, 50030520, 50030519, 50030518, 50030517, 50030516, 50030515, 50030514, 50030513, 50030512, 50030511, 50030510,

50030509, 50030508, 50030507, 50030506; 50040555, 50040544- PID’s

Chris Foley, Authorized Agent, and Pat Egan were present in-person. Frie read the requests into the record citing Land Use Ordinance and staff comments. Pointed out the requests on the Survey for the Plat, noting the lots and different areas on the property. Reviewed where Ruttgers is expanding. Discussed service drive on west side, not for owner or guests. No expansion of any other amenities. Bay Lake Township recommended approval, comment from MN DOT on recommendation to vacate midway access, and Highway department has provided comments. No comment from DNR or Lake Association. Comment received from Miller after publication and from Brad Westwood, clarifying Miller’s concerns.

Hales asked for clarification on 2006, the applicant was granted seven duplexes, 14 units, this is not an expansion but requesting 14 stand- alone units. Frie explained this would be an amendment and expansion in that the area in the size of the dwelling units are bigger and the area use has expanded. Hale confirmed the number of units are the same just spread out.


Hales asked the applicant and authorized agent if they had any additional comments. None was presented.


Skogen then read the onsite report into the record. Hales asked if there were any additional comments or discussion. None was presented.

The Board then went through the Findings of Fact questions for the Conditional Use Permit.


Motion by Yliniemi; supported by Maske, to approve the Conditional Use Permit for:

An Amendment to the approved Conditional Use Permit dated March 23, 2006, for the shared capital resort expansion of Ruttger’s Bay Lake Lodge.

To Construct:

Fourteen (14) structures with up to 42 bedrooms/resort rooms/dwelling units per the Certificate of Survey and Exhibits attached.

Conditions for CUP request:

1. A Stormwater Pollution Prevention Plan (SWPPP) issued by the State of Minnesota must be obtained and submitted to the County prior to the start of Resort development operations, including demolition and grading.

2. The applicants must have an adequately sized and functioning septic system as determined in writing from the MPCA and submitted to the County prior to the issuance of any land use permits within the proposed resort expansion area (plat). Any upgrade or changes to the existing septic system mandated by MPCA as part of the development proposal must be implemented upon substantial completion of any approved land use permits (2 years) or upon substantial completion of the project proposal, whichever is sooner.

3. If the plat of “Ruttger’s 1st Hole Golf Cottages” is not approved by the County Board, the amended conditional use permit is null and void.

4. The size, location, number of structures, and number of dwelling units as identified on the proposed resort expansion shall not exceed that which is identified in the preliminary plat and accompanying exhibits.

5. As a “shared capital resort”, all cabins, rooms, dwelling units or enclosures must


be included in the resort rental business, at rates set by the resort, with personal use not exceeding 42 calendar days in any given year with the only exception being service provider dwellings. No residential development for permanent full-time residence is allowed.

6. The existing mid-point driveway on State Highway 6, located between CSAH-14 and the golf course clubhouse driveway must be used only by Ruttger’s Resort employees for maintenance and deliveries from vendors and not by the Unit owners or guests of the proposed Common Interest Community #1052. All requirements of the respective road authorities (MN DOT and County Highway) must be adhered to in the timelines specified by the road authority.

7. All State of Minnesota required permits must be obtained and rules followed as a condition of this approval. All applicable provisions of the Crow Wing County Ordinance, existing zoning approvals and conditions, state, and federal rules must be followed as well.

Discussion.

Roll call vote: Skogen, Maske, Best, Yliniemi, Hales - all voting "Aye"; Unanimous; Motion to Recommend Approval with Conditions, Carried.

Parcel Number(s): 50030575, 50030565, 50030564, 50030520, 50030519, 50030518, 50030517, 50030516, 50030515, 50030514, 50030513, 50030512, 50030511, 50030510, 50030509, 50030508, 50030507, 50030506; 50040555, 50040544

Per findings of fact discussed 06-17-2021, on-site conducted 06-03-2021 and as shown on the preliminary plat / certificate of survey received at the Land Services Department on 05-20-2021; Located at 16755 Piper Lane, Brainerd, MN 56401; Located on the SE ¼ of the NE ¼; AND, Lot F of the Registered Land Survey No. 11 Plat; AND, Lot 2 (NE ¼ of the SE ¼) EXC PT to MN Power and Light & also EXC (GL 2 EXC PT lying N of a line desc: beginning at a point on the W line which is…; First Assessment, Crow Wing County, Minnesota


MOVER: Rock Yliniemi, Board Member

SECONDER: Sue Maske, Board Member


4.3. 1898 Investments LLC - Preliminary Plat 1898 Investments LLC

50030575, 50030565, 50030564, 50030520, 50030519, 50030518, 50030517, 50030516, 50030515, 50030514, 50030513, 50030512, 50030511, 50030510,

50030509, 50030508, 50030507, 50030506; 50040555, 50040544- PID’s

Chris Foley, Authorized Agent, and Pat Egan were present in-person. Frie read the requests into the record citing Land Use Ordinance and staff comments. Pointed out the requests on the Survey for the Plat, noting the lots and different areas on the property. Reviewed where Ruttgers is expanding. Discussed service drive on west side, not for owner or guests. No expansion of any other amenities. Bay Lake Township recommended approval, comment from MN DOT on recommendation to vacate midway


access, and Highway department has provided comments. No comment from DNR or Lake Association. Comment received from Miller after publication and from Brad Westwood, clarifying Miller’s concerns.

Hales asked for clarification on 2006, the applicant was granted seven duplexes, 14 units, this is not an expansion but requesting 14 stand- alone units. Frie explained this would be an amendment and expansion in that the area in the size of the dwelling units are bigger and the area use has expanded. Hale confirmed the number of units are the same just spread out.

Hales asked the applicant and authorized agent if they had any additional comments. None was presented.


Skogen then read the onsite report into the record. Hales asked if there were any additional comments or discussion. None was presented.

Hales asked the board if there were any additional questions for the applicant for the Preliminary Plat application. None were presented.

Hales restated Frie had already read into the record and the onsite, Hales asked the applicant if they had any additional comments. None were presented.

The Board then went through the Findings of Fact questions for the Preliminary Plat.


Motion by Maske; supported by Yliniemi, to make a recommendation to the County Board of Commissioners to approve the Preliminary PLAT, Conservation Design Development, Shared Capital resort of “Ruttger’s 1st Hole Golf Cottages” consisting of (17) total Lots:

Fourteen (14) lots with fourteen (14) structures with up to 42 bedrooms/resort rooms/dwelling units

Two (2) Common Lots

One (1) Out-Lot

involving approximately 9.37 acres; Located at 25039 Tame Fish Lake Road, and 17698 State Highway 6, Deerwood, MN 56444; Located on parts of Sections 3 and 4, Township 45, Range 28; Bay Lake Township, Crow Wing County, Minnesota

** all per revised Certificate of Survey for preliminary plat and Exhibits received 06/04/2021 and revised 06/24/2021.


Conditions for PLAT request:

1. Prior to recording the final plat, any existing easements encroaching over the proposed dwelling units must be vacated, modified, or altered legally so as not to interfere with the construction of the units. New easements (i.e., for septic) must then be established.

2. Prior to the approval of the final plat, any proposed stormwater management areas located outside the proposed plat boundary must have easements established for utility and stormwater maintenance.

3. A Developers Agreement meeting the requirements of Article 9.9 of the Land Use Ordinance must be submitted to the County at the time of final plat submission to the County. The developer's agreement shall identify a timeline to construct and implement resort improvements including erosion control plan and stormwater management implementation (as required by the Ordinance). In addition, financial assurance (guarantee) shall be submitted to the County established at 1.25 times the estimated improvement construction cost.

4. The existing mid-point driveway on State Highway 6, located between CSAH-14 and the golf course clubhouse driveway must be used only by Ruttger’s Resort employees for maintenance and deliveries from vendors and not by the Unit owners or guests of the proposed Common Interest Community #1052. All requirements of the respective road authorities (MN DOT and County Highway) must be adhered to in the timelines specified by the road authority.

5. All State of Minnesota required permits must be obtained and rules followed as a condition of this approval. All applicable provisions of the Crow Wing County Ordinance, existing zoning approvals and conditions, state, and federal rules must be followed as well.

Roll call vote: Skogen, Maske, Best, Yliniemi, Hales - all voting "Aye"; Unanimous; Motion for Approval with Conditions, Carried.

Parcel Number: 50030575, 50030565, 50030564, 50030520, 50030519, 50030518, 50030517, 50030516, 50030515, 50030514, 50030513, 50030512, 50030511, 50030510, 50030509, 50030508, 50030507, 50030506; 50040555, 50040544

Per findings of fact discussed 07-15-2021, on-site conducted 06-29-2021, and as shown on the Certificate of Survey received 06-15-2021 at the Land Services Department; Located on part of Sections 3 and 4, Township 45, Range 28; Bay Lake Township, Crow Wing County, Minnesota






4.4. Ryan L. Collette and Wayne Joseph Stock - Conditional Use Permit Ryan L. Collette and Wayne Joseph Stock

99220689, 99220516- PID’s

Doug Schieffer, Authorized Agent, and Kyle Hart, attorney, were both present in-person. Frie read the Conditional Use Permit request as well as the property information into the record citing Land Use Ordinance and staff comments. Pointed out the request on the Land Use Map for shoreland, noting the location of the access from Gull Lake Dam Road, reviewed zoning of shoreland and rural residential areas and reviewed pictometry. Reviewed the Certificate of Survey pointing out the location of the proposed helipad. Fill 1200 square feet of wetland; application is pending approval. Reviewed setback, SIZ 1 and impervious. There is a stormwater retention plan and best management plan for construction purposes. Discussed vegetation removal, which will be required per FFA rules; there is no variance for vegetation removal as they are not in SIZ 1. Applicant has submitted several documents for flight approaches, two flight paths shown and third approach path if needed. No township comment as location is in Unorganized 1st Assessment. City of East Gull Lake was notified and had no comment. MN DOT aeronautics comment received mid-June. Highway department comment was no concern and DNR did not comment. Received 19 comments since publication and all comments were not for the proposal.

Hales asked the applicant and Authorized Agent if they had any additional comments. None were presented.

Hales called for public testimony for in-person attendees. 14 individuals provided public testimony in-person expressing concern with noise pollution, danger to wildlife and threatened species, and reduction of property values.

Hales asks for any more public testimony for in person attendees.

Hales called for testimony for virtual attendees. Two individuals provided virtual testimony.

Hales then closed public testimony.

Doug Schieffer then addressed public testimony and why he wants to build a helipad. Addressed where he all tried to get a helipad built besides Crow Wing County. Discussed safety, noise level, his passion for flying and following FFA regulations. Does not want his helicopter stored with other helicopters for security purposes. Provided multiple studies that were done in Purdue University, data for noise level for his helicopter. Recommended adding a condition to his request by suggesting he follow MN DOT aeronautics guidelines. There are other helipads in CWC, no known complaints. He is willing to have hours of operation to fly.


Kyle Hart, attorney for Schieffer then addressed the public comments and board members. Law governs the decisions made with regard to a conditional use permit. The board is legally required to make their decision based on objective facts and evidence not on speculation and feelings. Discussed case studies in other states that have allowed helipads, reviewed zoning, client is willing to comply with US Fish & Wildlife which is a national Statue, can be added as a condition to the permit application. No study shows that a helipad will decrease property values. Provided a letter on July 14 that states objective, concrete facts with regard to i.e. noise. Scott County hired an expert sound technician (paid for by Schieffer) to come in and do a study. He concluded the sound exposure for the proposed use was very small compared to the allowable criteria, meets Minnesota requirements. Safety studies completed by FFA for over 50 plus years. He then discussed fuel and the non-issue this is for helicopters.

Maske then read the onsite report into the record. Hales asked if there were any additional comments or discussion. Maske commented about heated hangers at the airports and the applicant has provided no documentation if a hanger can be built or is available for applicant to use from other surrounding airports besides City of East Gull Lake. Frie addressed comments on Land Services process on public hearing process and notices, met Statue requirements. Also,Frie spoke to legal counsel on if a Conditional Use Permit has to be granted, theoretically can deny Conditional Use Permit as long as findings are appropriate either way. Private airports are allowed with approved Conditional Use Permit per counsel.

Hale asked if there were any additional comments from the board. Skogen requested to make a motion. Skogen personally called Mina from MN DOT aeronautics and she requested to come up and complete an on-site visit to determine the suitability for this request on this site specifically.


Motion by Skogen; supported by Yliniemi, to table the application.

Conditional Use Permit:

For a private airport (Helipad) in the Shoreland District

** Per Certificate of Survey received 06/24/2021, and Exhibits received 6/30/2021.

Attorney, asked for clarification on request. Skogen clarified.

Roll call vote: Skogen, Best, Yliniemi, Hales - voting "Aye"; Maske - voting “Nay”; Motion for Table, sign 60 day waiver.

Parcel Number: 99220689, 99220516

Per findings of fact discussed 07-15-2021, on-site conducted 06-29-2021 and as shown on the Certificate of Survey received 06/24/2021, and Exhibits received 6/30/2021; Located at 4163 Gull Lake Dam Road, and 4121 Gull Lake Dam Road, Brainerd, MN 56401; Located on part of Section 22, Township 134, Range 29; Unorganized/First Assessment, Crow Wing County, Minnesota


RESULT: TABLED [4 TO 1]

MOVER: Rick Skogen, Board Member


AYES: Rock Yliniemi, Don Hales, Rebecca Best, Rick Skogen

NAYS: Sue Maske

4.5. Patricia C Harwell Revocable Trust - Variance Patricia C Harwell Revocable Trust

72350536 - PID

Patricia and William Harwell, property owners, were present in-person. Frie read the variance request as well as the property information into the record citing Land Use Ordinance and staff comments. Corrected the OHW setback 68 feet, not 37 feet, error in staff report. Impervious is currently at 9% and proposed impervious would be 9.9%. Pointed out the request on the Survey, noting the Lake, structure and proposed screened porch. Jenkins Township recommended approval. Highway department, DNR and Lake Association had no comment. No public comments received.

Hales asked the property owner if they had any additional comments. None was presented.


Maske then read the onsite report into the record. Hales asked if there were any additional comments or discussion. None was presented.

The Board then went through the Findings of Fact questions for the variance application.


Motion by Maske; supported by Yliniemi to approve the Variance requests for:

1. An OHW setback of 68 feet to a proposed screen porch dwelling addition, where 75 feet is required.

To construct:

A 341 square foot covered screen porch dwelling addition, per Certificate of Survey received 06/15/2021.

Condition:

1. A stormwater management plan must be submitted at the time of land use permit application, approved by County staff, and implemented by substantial project completion, or permit expiration (2 years), whichever is sooner. The plan must include guttering on the structure and appropriate retention areas utilized for stormwater mitigation.




Per findings of fact discussed 07-15-2021, on-site conducted 06-29-2021, and as shown on the Certificate of Survey received 06-16-2021 at the Land Services Department; Located at 33118 Balsam Trail, Pequot Lakes, MN 56472; Located on part of Government Lot 2, Section 2, Township 35, Range 29, described as follows: beginning at an iron pipe on the South Shore of Upper Hay Lake placed at a point…; Jenkins Township, Crow Wing County, Minnesota





4.6. Daniel and Alison Conlin - Variance Daniel and Alison Conlin

82100775 PID

Dan Conlin, property owner, was present via video-conference. Frie read the variance request as well as the property information into the record citing Land Use Ordinance and staff comments. Reviewed approved OHW setback from October 2020 for garage with guest quarters. Amended plan to add deck. Discussed the OHW setback 52 feet to build a deck. Impervious is currently at 11.3% and will not change, as the proposed deck would be pervious. Pointed out the request on the Survey. Pelican Township recommended approval. No other comments received.

Hales asked the property owner if he had any additional comments. None was presented.


Skogen then read the onsite report into the record. Hales asked if there were any additional comments or discussion. None were presented.



Motion by Skogen; supported by Best to approve the Variance requests for:

1. An OHW setback of 52’ where 75’ is required to proposed 208 square foot deck on the lake-side of the 2-story garage/guest quarters.


To construct:

An 8’x26’ deck on the lake-side of the garage/guest quarters structure per Certificate of Survey received 06/25/2021.



Per findings of fact discussed 07-15-2021, on-site conducted 06-29-2021 and as shown on the certificate of survey received at the Land Services Department on 06-25-2021; Located at 10031 W Cree Bay Circle, Pequot Lakes, MN 56472; Located on Lots 9, 10, 11, and 12, Block 2 of the Cree Bay Addition to Breezy Point Estates Plat; Section 10, Township 136, Range 28; Pelican Township, Crow Wing County, Minnesota


MOVER: Rick Skogen, Board Member

SECONDER: Rebecca Best, Board Member


4.7. John Melin - Variance John Melin

88040576 PID

John Melin, property owner, was present in person. Frie read the variance request as well as the property information into the record citing Land Use Ordinance and staff comments. Discussed the OHW setback of 37 feet to build a dwelling addition. Pointed out the request on the Survey, noting the Lake, proposed holding tank for additional bathroom. Removal of old outhouse. Impervious is currently at 8.7% and the proposed impervious would be 8.8%.

Hales asked the property owner if he had any additional comments. None was presented.

Hales called for public testimony for both in-person and virtual attendees but let the record show there is no one in attendance. None was presented. Hales then closed public testimony.

Best then read the onsite report into the record. Hales asked if there were any additional comments or discussion. None was presented.



Motion by Yliniemi; supported by Skogen to approve the Variance requests for:


1. An OHW setback of 37 feet to a proposed dwelling addition, where 75 feet is required.

To construct:

A 96 square foot dwelling addition, per Certificate of Survey received 06/16/2021.



Per findings of fact discussed 07-15-2021, on-site conducted 06-29-2021, and as shown on the Certificate of Survey received 06-16-2021 at the Land Services Department; Located at 5090 Forest Ridge Road, Garrison, MN 56450; Located on Lot 35 of th3e Camp Lake Shores Plat; Section 4, Township 43, Range 29; Roosevelt Township, Crow Wing County, Minnesota


MOVER: Rock Yliniemi, Board Member

SECONDER: Rick Skogen, Board Member


5. Matters Not On The Agenda & Adjournment

Kiki leaving

Maske brought forth a recommendation to see on the next ordinance revisions, airport and helipads out of

shoreland. Should only be placed on commercial or airport land as Maske does not believe a heliport or

airport belongs in shoreland. Requested Frie put down on next recommendation. Frie did not want to get

ahead of the application that was presented that evening by making any presumptive decisions that was

just tabled. Making note to add for next round of recommendations. On-sites in 2 weeks.

Becky will be absent for 8/19/2021 meeting

Meeting was adjourned at 9:39 P.M.

planning commission/board of adjustment - regular meeting

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