Morrison County Board of Adjustment. Minutes. July 7, 2015

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1 Morrison County Board of Adjustment Minutes July 7, 2015 Chairman Charlie Gunderson called the meeting of the Morrison County Board of Adjustment to order at 7:00 P.M. Members Present: Charlie Gunderson, Claude Dahmen, Dave Stish and Jerry Wenzel Members Absent: Debra Meyer-Myrum Ex-Officio Members Present: Amy Kowalzek, Brian Middendorf and Sharon Peterson Ex-Officio Member Absent: Steve Backowski and Darrin Welle PLEDGE OF ALLEGIANCE 1. George & Jane Suska 7453 Hillton Rd; Royalton, MN Application for a Variance to expand a non-conforming structure; located in part of pt of Govt. lot 4, Section 17, Township 39, Range 32, Bellevue Township. George & Jane Suska were present Amy Kowalzek entered into record Section V3 of the MHB Comprehensive Plan, Section 301 and of the Morrison County Land Use Control Ordinance, plat map and parcel location, application, background information questions, three (3) site plans, two (2) aerial photos, two (2) site photos, staff report and impervious surface calculation sheet. The applicant submitted additional application information, this will be presented by the applicant. There were 32 notices sent out to neighboring property owners; there was one from the County Engineer with no issues with the request. Amy entered the findings of fact and decision questions. Jane Suska stated the lot is a substandard lot of record. The road was a township road and now it is a county road. Connecting the structures will decrease water shed to the river. Jerry Wenzel asked if this would need to go in front of the MHB board as well. Amy Kowalzek stated it would and they can agree or reverse the decision of the Board of Adjustment. Jerry asked if the structure would have gutters. Jane Suska stated it would. George Suska stated they also have already added a buffer. Charlie Gunderson asked if they would be willing to add onto the buffer. Jane Suska stated they would if it is required. Jerry Wenzel stated he sees no reason to add onto the buffer. Dave Stish asked if the buffer is the full length of both parcels. George Suska stated the buffer is not the full length. Claude Dahmen stated that 32 from the river is within the shore impact zone. Charlie Gunderson stated that the structure is already there. Roxanne Wyatt stated this is a reasonable request. Dave Stish asked if SWCD would like to see a larger buffer. Helen McLennan SWCD stated she was not aware the applicants owned the lot next door and not sure there is a need to make the buffer larger. Charlie Gunderson stated the area is already concrete so they are not adding to the impervious surface. Dave Stish stated the addition is not very large.

2 The voting sheets were polled. A motion was made by Jerry Wenzel to approve the request including one condition. The motion was second by Dave Stish. The vote was all in favor. 2. Dennis Vogel No Property Address Application for a Variance to erect a shed within the setbacks of a county road and the OHWM of Three Fingers Lake; located in W ½ of NW ¼ of NE ¼ of SE ¼, Section 28, Township 131, Range 30, Cushing Township. Dennis Vogel was present Amy Kowalzek entered into record Sections and of the Morrison County Land Use Control Ordinance, plat map and parcel location, application, background information questions, site plan, two (2) aerial photos, two (2) site photos, staff report aerial photo showing wetlands, survey drawing and suggested conditions. There were 50 notices sent out to neighboring property owners; there was two (2) correspondence. One from Steve Backowski stating 206 is a County Road with low volume traffic, no opposition. One stating they do not want this to disrupt any of the land. They do not want to see any junk on the property. Amy entered the findings of fact and decision questions. Dave Stish asked why we should allow this variance. Dennis Vogel stated there will be no run off from the building. This is the best site for the structure. Dave asked if the structures would only be the storage shed and the R.V. Dennis stated that is correct, just don t want things lying out in the yard. Everything would be inside the shed or R.V. We would only be removing three or four trees. Jerry Wenzel asked what kind of siding would be used. Dennis Vogel stated it would be an all wood structure with steel frame and steel door. Jerry stated when the land was purchased the applicant thought he could build on it. Amy Kowalzek stated a survey was completed and the DNR stated the wetland area is part of the lake. Michael Kane stated they do not want an eye sore in the area. What will they be using for a bathroom? Amy Kowalzek stated any permits for livable structures require a septic plan. Dave Stish stated we have a variance application for two setbacks. Amy Kowalzek stated this is correct. Dave asked why this site. Dennis Vogel stated after talking with Darrin Welle we thought this would be the best place to put the storage shed. Jerry Wenzel asked if it would be possible to plant more trees along the road. Dennis Vogel stated yes that could be a condition. Dave Stish stated he is not seeing a practical difficulty. Helen McLennan stated the property is in the ACUB zone. Dave Stish stated he would encourage his fellow board members to consider the no build zone. Charlie Gunderson stated the R.V. can be permitted but the storage shed needs a variance. Amy Kowalzek stated that is correct, the structure needs to meet the 100 setback from the OHWM but the R.V. can be just out of the shore impact zone. The voting sheets were polled. A motion was made by Dave Stish to deny the request. The motion was second by Claude Dahmen. The vote was all in favor. 3. Brandon & Kathy Dobson 9484 East River Rd; Pillager, MN Application for a Variance to exceed the height limits of a principal structure; pt of Lot 3 & of SW ¼ of NE ¼, Section 21, Township 133, Range 30, Rosing Township.

3 Brandon & Kathy Dobson were present Amy Kowalzek entered into record Section of the Morrison County Land Use Control Ordinance, plat map and parcel location, application, background information questions, five (5) site plans, two (2) aerial photos, aerial photo showing zoning, four (4) site photos, staff report, aerial photo showing streams and impervious surface calculation sheet. There were 44 notices sent out to neighboring property owners; there was one letter with no objection and phone call with no issues. Amy entered the findings of fact and decision questions. Kathy Dobson asked how the height is measured. Amy Kowalzek stated from ground level to peak of the structure. During the DRT meeting we found out there is just too much soil to be moved to ask for a walk out so we are changing the plan and asking for a height variance. The style of home was chosen for safety and longevity to live here. We have 82 acres so we should not be blocking anyone view. We tried to position the building in the best location. We have been cleaning up the property over the last five years, in doing so we have decreased the amount of impervious surface. Jerry Wenzel asked if they would be using an existing septic system. Kathy stated they would, the septic is questionable but the well should still be useable. Jerry asked if any other buildings would be taken down. Kathy stated there will be. Claude Dahmen asked if there is anywhere on the property that would allow them to build the height they would like. Amy Kowalzek stated if they were to move their structure into the agriculture zoning district they would not need a height variance. Jerry Wenzel stated with all of the trees on the property no one would notice the height. Dave Stish stated that all of Shoreland Residential zoned property has a height limitation of 25, the reasons are personal needs. There are other options for this property. Kathy Dobson stated she can only answer questions with what information she has. We will increase the impervious surface if we don t go higher. Dave stated impervious surface is not an issue on this site. Kathy Dobson stated the spirit of the height limit is because of the neighbors and views, this site should be an exception. None The voting sheets were polled. A motion was made by Dave Stish to deny the request. The motion was second by Claude Dahmen. The vote was three in favor and one opposed (Jerry). 4. Richard & Patricia Tigue Fish Trap Lake Dr; Cushing, MN Application for a Variance to exceed the allowable grade & fill and to continue an overage in height and maintain living quarters in an accessory structure; located in Lot 9 of Pan s Shore Lots, Section 32, Township 132, Range 31, Scandia Valley Township. Richard & Patricia Tigue were present Amy Kowalzek entered into record Sections 705.1, 714.3, 707 and of the Morrison County Land Use Control Ordinance, plat map and parcel location, application, background information questions, site plan, three (3) site photos, two (2) aerial photos, three site photos, staff report, contour map, map with proposed construction area with contours, map with proposed construction area and new driveway and impervious surface calculation sheet. There were 90 notices sent out to neighboring property owners; there was no correspondence. Amy entered the findings of fact and decision questions. Richard Tigue handed out an erosion control plan which was discussed. Richard stated he was going to purchase the neighboring lot, this did not work out. The new septic system will be for a four bedroom home, over time more people start to come to the property and it gets difficult to not use the garage.

4 Claude Dahmen asked if the easement was recorded. Richard Tigue stated it was. The garage was permitted by the previous owners and they built it 21 in height. Charlie Gunderson asked if the new proposed driveway would be completely on your own property. Richard Tigue stated it would. Helen McLennan stated that both projects defy what our office stands for. The hill is stabilized now. I can see their difficulties. No staff would promote creating an issue to stabilize later. Dave Stish stated this project is non-conforming from the beginning. The structures and the lot are both nonconforming and there is good vegetation and retaining walls on the property. Would the guest cottage be removed from the garage? Richard Tigue stated they could do that. Richard Tigue stated he needs to get a plan for the septic. Amy Kowalzek stated they may need a temporary access to get the drainfield installed. Richard stated they do need to fix the garage. Dave Stish stated the ordinance does allow for non-conforming structures to be repaired or replaced but no expanded. Dave asked if there were any setback issues for the septic system. Amy Kowalzek stated she talked to the septic designer and he did not think there would be any issue. Kent Larson stated everyone says how stable the banks are but they are not stable at all. Why not allow the excavation now before it collapses on the road, his retaining walls are collapsing. This would benefit everyone for him to have his own driveway. I say let him have it. Dave Stish asked if we have two or four requests. Amy Kowalzek stated the requests are in two parts. Richard Tigue stated when we first starting thinking about this Amy Kowalzek and I did not know it was a bluff we found out about it one week ago. We had no time to get someone out there to determine it. Charlie Gunderson stated he would like to continue this until the August meeting. The applicant can come back with a better plan and survey for the bluff determination. Amy Kowalzek asked what the board was tasking the applicant with. Bluff determination and professional onsite with comments and recommendations for the plan. A discussion was held on the possible proposed options. Helen McLennan stated Heather is an Aquatic Plant Specialist most of her work is in the water. Charlie Gunderson asked the applicant if they would like to continue the meeting. Amy Kowalzek stated the designer is not saying the garage is needed to be moved to get a septic system in. Brian Middendorf stated the Board of Adjustment can continue for 60 days and the applicant can waive this by signing a waiver. A motion was made by Claude Dahmen to continue this request until the September 1, 2015 meeting. The motion was second by Jerry Wenzel. The vote was all in favor. The public hearing was closed at 9:30 p.m. A motion was made by Dave Stish to approve the June 2, 2015 minutes. The motion was second by Claude Dahmen. The vote was all in favor. New Business Amy Kowalzek stated that the Board of Adjustment will meet at 6:00 p.m. on August 4, 2015 for a closed session then at 7:00 p.m. the regular monthly meeting will open. Old Business None

5 A motion was made by Jerry Wenzel to adjourn the meeting. The motion was second by Claude Dahmen. The vote was all in favor. With no further business at hand, the hearing was closed at 9:35 p.m. Respectfully Submitted, Amy Kowalzek, Secretary Morrison County Board of Adjustment Charlie Gunderson, Chairman Morrison County Board of Adjustment

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