Knutson explained to Trost that Chad is being taxed on the use of his property.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Becker County Planning Commission April 10 th, 2018 Members Present: Chairman Jim Bruflodt,Vice Chairman John Lien, Harry Johnston, County Commissioner Larry Knutson, Jim Kaiser, James Kovala, Jeff Moritz, Dave Blomseth, Mary Seaberg, Ray Thorkildson, Robert Merritt, Planning and Zoning Director Kyle Vareberg and Jeff Rusness Zoning Technician. Chairman Jim Bruflodt called the Planning Commission meeting to order at 7:00 pm. Planning and Zoning Technician Jeff Rusness recorded minutes. Intros were given. Chairman Jim Bruflodt explained the protocol for the meeting and stated that the recommendations of the Planning Commission would be forwarded to the County Board of Commissioners for final action on April 17 th, 2018. Old Business: 1. APPLICANT: Chad Stenerson 7414 Turquoise Avenue, Scottsdale, AZ. Project Location: 12673 County Highway 17, Detroit Lakes, MN. LEGAL LAND DESCRIPTION: Tax ID number: 19.0425.000 Section 21 Township 138 Range 041 LOT 2 LESS 7.25 AC & PT TO STATE & N 7.50 AC OF LOT 3 W OF HWY APPLICATION AND DESCRIPTION OF PROJECT: Change of Zone from Agricultural to Commercial. Ed Trost from JH Signs spoke on behalf of Chad Stenerson: Trost explained how long Chad has owned the business and said a 35 sq. ft. sign is allowed with the parcel s current zone, agricultural. Trost stated the allowed size is not adequate to what Chad wants/needs for advertising. Trost also said Chad is being taxed for commercial property and should be allowed to be rezoned as such.trost also stated that the Becker County Comprehensive Plan supports the request. Knutson explained to Trost that Chad is being taxed on the use of his property. Moritz asked what kind of sign is proposed. Trost explained the signs would be created using existing sign structures on Chad s property to promote his business. At this time testimony was closed. Knutson said his opinion is, that commercial zoning opens up to many windows. Jim Kaiser asked Kyle Vareberg if a sign can be permitted on a State Highway using a Conditional Use Permit? 1

47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Vareberg explained that the State Highway Dept. does not recognize Conditional Use Permits for signs along State Highways. Meritt was concerned how many signs would go up. Knutson explained what he thought the State Highway setbacks for signs were and the distance between them. Seaberg was concerned about the neighbors and their response, she also asked if they could get a variance for a sign. Vareberg explained that the State Highway Dept. does not recognize variances and the required separation between signs is 100 feet. Harry Johnston felt, if granted the zone change, they should be able to put up as many signs as they can following the setback distances of the ordinance. MOTION: John Lien made a motion to deny the application for a change of zone from agriculture to commercial because it opens up unforeseeable opportunities for further use on the property. Bob Merrit Second. IN FAVOR: James Kovala, Larry Knutson, Jim Bruflodt, John Lien, Jeff Moritz, Dave Blomseth, Jim Kiaser, Ray Thorkildson. OPPOSED: Harry Johnston and Mary Seaberg. 2. APPLICANT: Jay & Arlene Kostelecky 1929 Pentland St., West Fargo, ND. Project Location: County Highways 5 & 6, Audubon, MN. LEGAL LAND DESCRIPTION: Tax ID number: 06.0038.020 PT SW1/4 SE1/4: BEG SE COR TH W 563.16' AL CSAH #6, TH NWLY 334.89' AL CSAH #5, ELY 641.48 TO E LN SW1/4 SE1/4, TH SLY 433.60' TO POB AKA TRACT D REF: PT 06.0038.000 IN 2008 APPLICATION AND DESCRIPTION OF PROJECT: Request approval of a Conditional Use Permit to build a boat and RV storage facility. Jay and Arlene Kostelecky introduced themselves, and explained they are proposing to build a boat storage facility on their property and possibly a sign located on the property. Jim Bruflodt asked the Kostelecky s if they had an expansion area? Kostelecky explained where the building site would be. Jim Kaiser asked if they had planned on making it a boat repair shop? Kostelecky said that they have no intensions of doing that. Kaiser asked what kind of fence was being constructed around the property? 2

93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Kostelecky explained the fence would be six feet high with barbed wire on top, and a gate at the entrance of the property. Bruflodt asked how big the storage areas were. Kostelecky did not have the exact size but explained the roof pich and the framing of the structure, and also explained that the storage areas are larger than just boat storage. One letter opposing the C.U.P. was read to the board by Kyle Vareberg. At this time testimony was closed. There was no further discussion by the board. MOTION: Jim Kaiser made a motion to approve the request for a Conditional Use Permit due to the fact it meets chapter 5 table 5-1 of the land use district. Jeff Moritz. Second. All in favor. Motion carried. 3. APPLICANT: Becker County 915 Lake Avenue, Detroit Lakes, MN. Project Location: 12738 County Highway 5, Lake Park, MN. LEGAL LAND DESCRIPTION: Tax ID number: 06.0312.000 Section 22 Township 138 Range 043 PT GOVT LOT 1: COMM COR LOT 1 BLK 2 CORM BCH, S 1714', W 1001.8' TO POB; NW 67.1' TO LK, SW 50' AL LK, SE 88.5', NE 57' TO POB. APPLICATION AND DESCRIPTION OF PROJECT: Request approval of a Conditional Use Permit to build a 6 privacy fence. Guy Fischer spoke on behalf of Becker County. Fischer explained the size of the fence would be six feet tall and where it will be located on the property. Jim Kaiser asked if it would be located on the north or south side of the property. Larry Knutson said they should approve both the north and south sides of the property for the fence. Todd Nelson, a local resident, spoke for the project. Nelson wanted to know where the fence will be placed and what it will be constructed of, he also questioned if the County will maintain both sides of the fence. Knutson said that Becker County will be maintaining the fence. It was agreed upon that it will be constructed on the property line. 3

139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 At this time testimony was closed. There was no further discussion by the board. Motion: Jeff Moritz made a motion to approve the Conditional Use Permit for a six foot high privacy fence due to the fact that it meets the requirements of chapter seven of the Becker County Zoning Ordinance section 7 A-4 and based on the neighbors request. Ray Thorkildson second. All in favor. Motion carried. Other Business. Amendments to the Becker County Ordinance. 1- Natural Environmental Lake Classification Lot Size Prior to 2016. Bob Merrit felt the lots sizes meet the standards of the ordinance. Larry Knutson stated that it explains the language well. Motion: John Lien made a motion to approve the Amendment. Dave Blomseth second. All in favor. Motion Carried. 2- Recreational Vehicle Standards. Larry Knutson agreed it should be the same as applying for a site permit application, just a one time permit. Motion: John Lien made a motion to approve the Ammendment. Mary Seaberg second. All in favor. Motion Carried. New Business: 1. APPLICANT: Lonnie & Patricia Nelson 3792 Polk St. S., Fargo, ND. Project Location: 18722 Cummings Rd., Detroit Lakes, MN. LEGAL LAND DESCRIPTION: Tax ID number: 08.0717.000 Section 21 Township 139 Range 041 Subdivision Name BRANDY LK EST 1 ST Block 001 Subdivision Cd 08006 LOT 6 REF: E 08.0032.911 APPLICATION AND DESCRIPTION OF 4

184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 PROJECT: Request a Conditional Use Permit to rent out heated bays in storage building. Lonnie Nelson introduced and explained to the board why he needs a Conditional Use Permit for his new storage building he constructed in Brandy Lake Estates. He was informed by the Becker County Zoning Department that he needed to apply for a Conditional Use Permit if the structure was to be rented out. Nelson did check with the Becker County Recorders office pertaining to any covenants for the property and none were found. Jim Bruflodt explained to Nelson that covenants are not enforced by the County. Larry Knutson explained to Nelson how the Conditional Use Permit works and then asked Nelson how he plans to use it. Nelson explained he would be renting out one unit. James Kovala stated his concern about the use of the proposed rental unit. Nelson explained he will be renting it out for truck driver s storage. Jim Bruflodt was concerned that it could be used for many different things and stated that it could cause a problem in the neighborhood. Nelson said it will be a very selective rental unit. Jeff Moritz was concerned of it being used as a semi repair shop. Jim Kaiser asked Nelson if he had running water in the shop. Nelson stated there is no sewer or water in the shop. Larry Knutson asked Nelson what the dimension of the doors were. Nelson said the doors were 12 x12 on each unit. Jim Bruflodt asked Nelson if anybody had a problem with renting it out. Nelson said a neighbor is opposed to it. Dean Lutz spoke against the C.U.P and does not want the area to be turned into a commercial area. Dean also read two letters that were against the application. 5

230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 Fred Wiese explained that the lot for the Conditional Use Permit was lot 6 not lot 7. Larry Knutson asked Fred if he feels the traffic has increased in the area. Fred said the traffic has increased in the area. Kyle Vareberg read one letter in opposition to the Conditional Use Permit. At this time testimony closed John Lien explained he had no problem with the application being private storage. Larry Knutson said without knowing the back ground of the application, there would be no issue. John Lien asked Kyle Vareberg if the site permit issued for the building was for private use. Vareberg stated yes. The board talked amongst themselves with different concerns. Kyle Vareberg stated the Conditional Use Permit can be approved with stipulations. Motion: Ray Thorkildson made a motion to approve the request with the following stipulations: No outside storage. Only two bays of the building may be rented out. Storage only. Must be in the 40x120 on lot 6 only. Blomseth Second. In Favor: Jim Bruflodt, John Lien, Harry Johnston, Larry Knutson,, Jeff Moritz, Dave Blomseth, Mary Seaberg, Ray Thorkildson,and Robert Merritt. Opposed: Jim Kaiser, James Kovala. Motion carried. 2.APPLICANT: Rodger Geddes 37468 Bucks Trail, Waubun, MN. Project Location: 37468 Bucks Trail, Waubun, MN. LEGAL LAND DESCRIPTION: Tax ID number: 09.0106.004 Section 13 Township 142 Range 039 PT GOVT LOT 4: COMM E QTR COR SEC 13, W 2652.37', S 1285.19' TO RD,WLY AL RD 61.13', SW 281.81' TO POB; NE 281.81', NWLY AL RD 575.32', WLY 222.09 SLY 403.28' TO BIG ELBOW LK, S AL LK 498.06', NELY 349.34' TO POB. TRACT G APPLICATION AND DESCRIPTION OF PROJECT: Request a Change of Zone from Agricultural to Residential. 6

276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 Scott Walz spoke on behalf of Roger Geddes. Scott Explained how the boundry lines were off on the split and how they were adjusted to make the split all buildable sites. Harry Johnston was concerned about the total sqaure feet of the split. Scott Explained how the survey was described. Cynthia Hanson spoke against the request and voice concerned about the past violations on the property. Kyle Vareberg found a violation in file that was classified unfounded. At this time Testimony Closed. Motion: Mary Seaberg made a motion to approve the request. Harry Johnston Second. All In favor. Motion carried. APPLICANT: Long Shore Development, LLC 13274 435 th St. SW, Fertile, MN 56540 Project Location: 23677 W. Long Lake Rd., Detroit Lakes, MN.LEGAL LAND DESCRIPTION: Tax ID number: 08.0549.000 Section 31 Township 139 Range 041 31-139-41 E1/2 E1/2 SW1/4; NE1/4 NW1/4 E OF RR ROW ; NW1/2 NE1/4; SW1/4 NE1/4; GOVT LOT 7 LESS 8.8AC TO DNR; LESS PT GOVT LOT 7 S OF W EXT OF N LN GOVT LOT 9 & E OF LN COMM E QTR COR SEC 31, N 222.3', SW 41.9' TO POB: SW 212.2', SLY 333.9' TO LK & TERM and 08.0551.001 Section 31 Township 139 Range 041 PT E1/2 NW1/4: COMM SE COR NW1/4 E 663.86' TO POB; N 1664.17', SWLY AL RWY 1731.9 E 408.06' TO POB. APPLICATION AND DESCRIPTION OF PROJECT: Request a Conditional Use Permit to allow for development of a Sand & Gravel Pit mining and processing operation. This application was tabled until the following month (05/08/2018). Informational Meeting: The next informational meeting is scheduled for Wednesday, May 02, 2018 at 8:00 am in the Third Floor Meeting Room of the new addition of the Becker County Courthouse. 7

322 323 324 325 326 327 328 329 Since there was no further business to come before the Board, Ray Kovala motioned to adjourn. Thorkildson second. All in favor. Motion carried. The meeting adjourned. Jim Bruflodt, Chairman John Lien, Vice Chairman ATTEST Kyle Vareberg 8