Details for CC Planning Commission 09/10

ENVIRONMENTAL SERVICES DEPARTMENT

CASS COUNTY COURTHOUSE

PO Box 3000

Walker MN 56484

218-547-7241

The Cass County Planning Commission will conduct a regular meeting Monday September 10, 2018 and Tuesday, September 11, 2018 at 9:30AM in the meeting room of the Cass County Land Department located at

218 Washburn Ave East, Backus MN.

    

The field inspections will be conducted Tuesday, Sept. 4, 2018 and Wednesday, Sept. 5, 2018.  A schedule is included in this notice with an estimated time of arrival at the application locations.

9:30 AM - Call to Order and Review agenda

Approve Minutes

Planning and Zoning Agenda Items

Variance

9:40 AM – Aberson, Scott, Sylvan Township, on property described as Lots 1 Thru 3, Block 2, “Sylvan Shady Shores”, Section 2 131 30, PID #41-562-0305, located at 12332 26th Ave SW.  An application submitted for a 12’ x 24’ screened in porch to be added an existing non-conforming residence.  The existing residence is located approximately 50’ from the OHWL of a GD lake and the planned addition/screened porch is planned to be situated to the southwest at 44’ from the lake.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; 1126.1 A which requires structures to be at least 100’ from a Recreational Development lake.  The property contains 0.50-acre riparian to Sylvan Lake (GD). The field inspection for this application will be conducted 09/05/18 at 12:40 PM.

9:55 AM – Elznic, Richard, Powers Township on property described as S2’ of Lot 6 & Lots 7 & 8, “Des Moines Beach-Sanborn Lake”, Section 27 139 30, PID #34-454-0070 located at 3366 6th St NW. An application submitted to split a 0.35-acre parcel to be combined with adjacent properties (PID#34-454-0050 and PID#34-454-090) on either side. The applicant also proposes to maintain a 820 sf guest quarters with a primary residence on one portion of the split.  The applicable portions of the Land Use Ordinance include Section 800 which establishes the variance criteria, Section 1113 which identifies minimum lot standards for RD riparian lots and 1126.5 which identifies criteria for accessory dwelling unit standards. The property contains 0.35 acres riparian to Sanborn Lake (RD). The field inspection for this application will be conducted 09/04/18 at 2:15 PM.

10:10 AM – Fornshell, Eric, Sylvan Township, the property is a Common Interest Community, Sylvan Acres, described as Lots 1 & 2, “Land & Allens 1st Addition to Sylvan Beach”, Section 11 133 30, PID #41-501-0010, located at 2610 Sylvan Ln SW.  An application submitted to reconstruct an existing non-conforming cabin and add a full loft to increase the height to 24’ and an ATF variance to retain an illegal deck constructed <15’ from the OHWL of Sylvan Lake.  The existing cabin/screened porch is located <18’ from the OHWL of Sylvan Lake.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; 1126.1 A which requires structures to be at least 75’ from a General Development lake.  The property contains 0.70-acre riparian to Sylvan Lake (GD). The field inspection for this application will be conducted 09/05/18 at 1:05 PM.

10:25 AM – Jarboe, Randy and Judith, Woodrow Township, on property described as Lot 2, “Blackberry Bay”, Section 25 140 29, PID #51-479-0020, located at 3025 S. Green Forest Drive NW.  An application submitted for a 24’ x 60’ addition to an existing non-conforming residence.  The existing residence is located approximately 93’ from the OHWL of Blackwater Lake and the planned addition will not further encroach on the lake.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; 1126.1 A which requires structures to be at least 100’ from a Recreational Development lake.  The property contains 0.70-acre riparian to Blackwater Lake (RD). The field inspection for this application will be conducted 09/04/18 at 11:00 AM.

10:50 AM – Johnson, Mark, Powers Township, on property described as Lot 7, “Engers Birchwood Acres”, Section 10 139 30, PID #34-373-0070, located at 1757 Lumberjack Trail NW.  An application submitted to reconstruct an existing non-conforming cabin increasing the roof pitch to 4/12 and add a non-lake side 306 sf addition.  The existing cabin is located approximately 36’ from the OHWL of Ox Yoke Lake and the planned addition will begin at 60’.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; 1126.1 A which requires structures to be at least 100’ from a Recreational Development lake.  The property contains 0.70-acre riparian to Ox Yoke Lake (RD). The field inspection for this application will be conducted 09/04/18 at 1:45 PM.

11:05 AM – Kalinowski, Paul, Woodrow Township on property described as E ½ Lot 19, Block 1, “West’s Breezy Heights”, Section 22 140 29, PID #51-455-0135 & W ½ Lot 19, Block 1, “West’s Breezy Heights”, Section 22 140 29, PID #51-455-0140 located along County #11 NW.  An application submitted to place a holding tank with a 0’ setback from the platted right-of-way of Northern Hawk Drive NW and to construct a 24’ x 24’ residence with walkout basement and a 10’ x 24’ covered porch to meet lake setback within a bluff.  The entire property is located within a bluff and it is not possible to meet the 30’ setback.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; Section 1126.1 B. which requires a structure to be located at least 20 feet from the right-of-way of a platted roadway and 30’ from the top of bluff.  The combined parcels contain 0.17-acre riparian to Woman Lake (GD).  The field inspection for this application will be conducted 09/04/18 at 11:20 AM.  

11:20 AM – Kammerer, Eloise, Turtle Lake Township on property described as Lot 11 Block 1 & Outlot A & Pt of Adj Vac, “Wilderness Lane, Browns Ten Mile Shores”, Section 31 131 30, PID #45-433-0155 located at 4613 Happiness Ln NW.  An application submitted to remove existing and construct a new 1987 sf residence with a closer lake setback to a GD lake. The proposed residence would be situated >60’ from the OHWL and the existing residence to be removed is located <50’ from the OHWL. The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; Section 1126.1 A. which requires a structure to be located at least 75’ from a GD lake.  The parcel contains 2.30-acres riparian to 10-Mile Lake (GD).  The field inspection for this application will be conducted 09/05/18 at 9:15 AM.  

11:35 AM – Lambert, Howard, Woodrow Township on property described as Lots 1, 2, 3, Blk 1 & Pt of Govt Lot 2, “Withams Big Deep Shores, Section 31 140 29, PID #51-513-0130 located at 2347 Big Deep Lake Dr.  An application submitted to maintain a 720 square foot guest cottage on a Shoreland Residential parcel which meets all setbacks.  The applicable portions of the Land Use Ordinance include Section 800 which establishes the variance criteria, Section 1126.5 A which establishes the criteria for guest cottages on residential lots in the Shoreland District.  The property contains 26.5 acres riparian to Big Deep Lake (RD).   The field inspection for this application will be conducted 09/04/18 at 12:00 PM.

11:50 AM – Manson, Teresa & Brad, Fairview Township on property described as SE SE, Section 21-134-30, PID # 14-121-4400 located at 3381 Beauty Lake Road SW.  An application submitted to construct a 28’ x 30’ garage to be located 88’ from the lake and 12’ from the driving surface of Beauty Lake Road.  In addition, the applicants request to be allowed to move an existing 8’ x 20’ storage shed to a location 10’ from the ROW of Beauty Lake Rd. and located within the setback of a NE Lake. The applicable portions of the Land Use Ordinance include Section 800 which establishes the variance criteria: section 1126.1. A. which requires structures to be located at least 150 feet from a lake classified Natural Environment (NE) and section 1126.1 B. requires structures to be located at least 20 feet from the right-of-way of a public road.  The property contains 39.98 acres riparian to Beauty Lake (NE).   The field inspection for this application will be conducted 09/05/18 at 11:05 AM.

1:15 PM – Netter, Aaron, Pine Lake Township on property described as Part of Lot 2, “Auditor’s Plat 11”, Tracts C & D, Section 8-141-29, PID #30-378-0023 located at 1616 Whipholt Beach Road NW.  An application submitted to remove the existing 26’ x 40’ residence and replace with new construction of a 32’ x 40’ two level/walk-out residence not to further encroach upon Leech Lake and 7.5 feet from the ROW of Whipholt Beach Road.  The applicable portions of the Land Use Ordinance include Section 800 which establishes the variance criteria and Section 1126.1 A. & B. which requires structures to be located 75 feet from a lake classified General Development (GD) and 20 feet from the right-of-way of a public or platted roadway.  The property contains 0.15-acre riparian to Leech Lake (GD).  

1:30 PM – Scanlon, Joe, Shingobee Township, on property described as Part of Govt Lot 8, Section 05 141 31, PID #38-005-4106, located at 6458 5th Lake Rd NW.  An application submitted to construct a 24’ x 30’ garage with a closer setback to a NE lake and a closer sideyard setback of 5’.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; 1126.1 A which requires structures to be at least 150’ from a Natural Environment lake; and, 1126.1 B. requiring structures to be located 10’ from adjacent properties.  The property contains 0.30-acre riparian to Fifth Lake (NE). The field inspection for this application will be conducted 09/04/18 at 9:15 AM.

1:45 PM – Swain, David and Mary, Crooked Lake Township on property described as Lot 17, “Kavlis Wood Lake Shores”, Section 31 139 26, PID #12-496-0171 located at 4963 Wood Lakes Blvd N.  An application submitted to construct a 28’ x 28’ addition onto an existing non-conforming residence. The planned addition is situated at the existing setback of the residence.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; Section 1126.1 A. which requires a structure to be located at least 100’ from a RD lake.  The parcel contains 0.40-acres riparian to Wood Lake (RD).  The field inspection for this application will be conducted 09/04/18 at 3:50 PM.  

2:00 PM – Tadych, Fran, Kego Township, on property described as Lots 13 & 14, Block 2, “Pine Gables of the North”, Section 33 141 28, PID #19-474-0218, located at 1066 Sarajac Rd NW.  An application submitted to build an 8’ x 22’ addition to a garage with an 8’ setback to the neighboring property.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; Section 1126.1 B which requires structures to be at least 10’ from the property line.  The property contains 0.40-acre riparian to Girl Lake (RD). The field inspection for this application will be conducted 09/04/18 at 10:30 AM.

2:15 PM - Wall-Roden, Cynthia, Woodrow Township, on property described as Lot 21, Block 1, “Shades of Summer”, Section 19 140 29, PID #51-443-0210, located at 3229 21st Ave. NW.  An application submitted to build a 12’ X 14’ addition to a shed with a 0’ setback to the ROW of 21st Ave.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; Section 1126.1 B which requires structures to be at least 20’ from the ROW of 21st Ave.  The property contains 0.60-acre riparian to Trillium Lake (RD). The field inspection for this application will be conducted 09/04/18 at 11:40 AM.

2:30 PM – Watson, Elizabeth, Fairview Township on property described as Part of Gov Lot 1, Section 18 134 29, PID #14-018-2104 located at 10494 Anchor Lane SW.  An application submitted to remove existing and construct a new 1800 sf residence with a closer lake setback to a GD lake. The proposed residence would be situated 41’ from the OHWL and the existing residence to be removed is located 39’ from the OHWL.  The proposal also includes the development of a new driveway to be constructed within the bluff.  The applicable portions of the Land Use Ordinance include Section 800 which establishes variance criteria; Section 1126.1 A. which requires a structure to be located at least 75’ from a GD lake; and 1126.1 B. which requires a bluff setback of 30’.  The parcel contains 1.63-acres riparian to Gull Lake (GD).  The field inspection for this application will be conducted 09/05/16 at 1:35 PM.

 

Other Business

2:45 PM – Zenner, Eli, Wabedo Township on property described as Part SE ¼ of SW ¼, Section 19-140-3402, PID #46-019-3402 located at 3179 State 84 NE.  A request made to modify the existing conditional use permit (CU13-140-28-1) to include a storage facility and to expand his sales business to include boats, docks and other motorized equipment.  The property contains 7.5 acres (zoned C-2).   

3:00 PM – Jans, Brett, Woodrow Township on property described as Lots 10 & 11, “Pell Shores”, Section 36-140-29, PID #51-547-0100 located at 44 27th Street NW.  A variance was approved (VP18-140-29-3) to expand a non-conforming residence with a 24’x 26’ addition to be 78’ from the lake and a 12’ x 23’ deck to be 64 feet from the lake.  The original portion of the residence had to be moved to conduct work on the foundation and while replacement of rotten stringer boards was taking place the residence fell into the foundation causing structural damage.  The original structure was removed from the site and construction of a new structure, same size and height (replacement at footprint), was commenced.  The Jans are requesting a modification to their existing variance to continue construction of the replacement at footprint and volume with previously requested addition. The property contains 0.7-acre riparian to Mule Lake (RD).  

Proposed Findings:

1. The original structure is being replaced at footprint not to increase size or volume of previous structure.

2. The addition is being constructed as permitted on May 14, 2018.

3. Erosion control measures were installed incorrectly at the time of ESD inspection.

Proposed Conditions:

1. The location and size of the total structure is not to deviate from what was permitted on May 14, 2018, VP18-140-29-3.

2. The structure being replaced at existing footprint/volume shall be reviewed by ESD Staff following completion.

3. Erosion control measures must be properly installed prior to continuing construction.

4. Applicant shall work with ESD staff to determine an appropriate revegetation plan following construction.

3:15 PM – Thompson, Janet, Turtle Lake Township on property described as Part of Lot 9 Lying North of Cartway, Section 35-142-30, PID #45-548-0091 located at 3126 Rocky Point Drive NW.  An application originally submitted to expand an existing non-conforming residence located 39 feet from the lake.  This structure was removed due to unforeseen damages to the existing structure proposed for expansion and a larger structure was constructed at existing footprint.  The property contains 0.5-acre riparian to Leech Lake (GD).

The applicant working with ESD staff proposes the following options to address the overbuild and complying with the intent of the original variance by:

1. Removing the overbuilt portions of the home and replace at existing footprint and volume with previously approved expansion.

2. Move the entire structure back 20’ to the line where the previously approved expansion began.

Both options include the following modifications to VP17-142-30-2:

Proposed Conditions:

1. Compliance with all previous conditions of VP17-142-30-2 with modifications of Condition #1 to reflect which option the applicant determines is most feasible.

2. The existing bunkhouse shall be removed as the SSTS is not designed to accommodate additional living quarters.

3. The SRAM score of 4 will require vegetative enhancement and/or restoration.

4. A restoration plan must be approved by ESD and agreed to be implemented by applicant prior to the issuance of a permit.

5. As determined by ESD staff the restoration plan must be substantially implemented or financial assurance in an amount determined by ESD staff in the form of cash or a letter of credit will be submitted.

6. If financial assurance is required, ESD shall determine a schedule to return and/or reduce the amount of financial assurance.

The Planning Commission will recess until Tuesday, September 11, 2018 at 9:30am

Conditional Use Permits - These items are scheduled for Tuesday, September 11 beginning at 9:30am

9:35 AM – RW Acres LLC, Walden Township on property described as W ¼ of W ½ of NW ¼ of NE ¼ Section 24 137 30, PID #48-024-1101 and the NE NW, Section 24 137 30, PID #48-024-2100 located near 3611 County 1 SW.  An application submitted to establish an extractive use.  The relevant portions of the Land Use Ordinance include Section 705 which establishes the conditional use permit review criteria and Section 1107 which establishes the extractive use criteria.  The area proposed for the extractive use contains 49.27 acres (AF).  The field inspection for this application will be conducted 09/05/18 at 10:00 AM.

9:50 AM – Sechser, Paul, Homebrook Township on property described as Part of Govt Lot 1, Section 4 135 30, PID #17-004-1104 located near 6497 41st Ave SW. An application submitted to establish a business to calibrate, install, service and sell scales.  Such land use requires a conditional use permit (CUP).  The applicable section of the Land Use Ordinance includes Section 705 which establishes CUP standards.  The property contains 6.78 acres (SR, located over 600’ from Cory Brook). The field inspection for this application will be conducted 09/05/18 at 10:30 AM.

10:05 AM – Roden, Roderick, Woodrow Township on property described as Lot 22 Block 1, “Shades of Summer Addition”, Section 19 140 29, PID #51-443-0220 located at 2146 County 46 NW. An application submitted to establish a home business to repair and refurbish boats.  Such land use requires a conditional use permit (CUP).  The applicable section of the Land Use Ordinance includes Section 705 which establishes CUP standards.  The property contains 2.00 acres (SR). The field inspection for this application will be conducted 09/04/18 at 11:50 AM.

10:20 AM – Leech Lake RV and Marina, LLC, Shingobee Township on property described as Part of Outlot G (north), “Lodges of Bluewater”, Section 2-141-31, PID # 38-343-0007 located at 7051 Wintergreen Trail NW.  An application submitted to establish a recreational vehicle park and parking facility for the existing marina, CU98-141-32-1 and CU16-141-31-1.  The marina will continue to be operated as a marina.  The applicable sections of the Land Use Ordinance include Section 705 which establishes conditional use permit (CUP) review criteria and process and section 1118 which establishes the recreational vehicle park criteria.  The property contains 5.6 acres riparian to Leech Lake (GD).  The field inspection for this application will be conducted 09/04/18 at 9:45 AM.

10:35 AM – Real Estate Options, LLC, Shingobee Township on property described as Part of Outlot G (south) and Outlot H, “Lodges of Bluewater”, Section 2-141-31, PID # 38-343-0007 and 38-343-0008 located at 7051 Wintergreen Trail NW.  An application submitted to continue use as a convention center with existing parking lot and the addition of a grassed parking area on Outlot H to accommodate overflow parking.  This CUP will also accommodate grading and excavation in excess of 200 cy in a shoreland area.  The applicable sections of the Land Use Ordinance include Section 705 which establishes conditional use permit (CUP) review criteria and process.  Section 1118 of the Land Use Ordinance establishes the recreational vehicle park criteria.  The property contains 5 acres riparian to Leech Lake (GD).  The field inspection for this application will be conducted 09/04/18 at 9:45 AM.

10:50 AM – Beachclub LLC, Fairview Township on property described as RLS 29, Tract A and Tract B, Section 5 134 29, PID #14-005-3202 and 14-005-3206 located at 6542 Wedgewood Road.  An application submitted to amend the existing Conditional Use Permit (CUP, CU18-134-29-1) to include 2 additional parcels to the 5 parcels already covered under the permit.  A private resort zoned as Water Oriented Commercial requires a conditional use permit (CUP).  The applicable sections of the Land Use Ordinance include Section 705 which establishes CUP standards and Section 1001 which establishes use requirements.

   

 Reclassification

11:05 AM –Beachclub LLC, Fairview Township on property described as RLS 29, Tract A and Tract B, Section 5 134 29, PID #14-005-3202 and 14-005-3206 located at 6542 Wedgewood Road.  The applicant is requesting the two 2.7-acre parcels be reclassified from Shoreland Residential to Water Oriented Commercial to be attached to the existing Quarterdeck Resort properties.  The applicable portions of the Land Use Ordinance include Section 706 which establishes the reclassification procedure.    

Preliminary Plat

11:20 AM – “Leech Lake Lodge RV and Marina”, Shingobee Township, PL18-01 on property owned by Leech Lake RV & Marina, LLC and Real Estate Options, LLC described as Outlots G & H, “Lodges of Bluewater”, Section 2-141-31, PID # 38-343-0007 and 38-343-0008 located at 7051 Wintergreen Trail NW.  The preliminary plat contains two commercial lots on 6.9 non-riparian acres and 5.6 riparian acres within the shoreland area of Leech Lake (GD).  “Leech Lake Lodge RV and Marina” is a preliminary plat referred to the Planning Commission by the Environmental Services Department.  

Field Schedule for the September 10, 2018 and September 11, 2018

PC/BOA Regular Meeting

Tuesday, September 4, 2018 and Wednesday, September 5, 2018

(TIME IS APPROXIMATE)

Tuesday September 4, 2018

9:00 AM Depart Courthouse

9:15AM Scanlon/Shingobee – Fifth Lake (NE) – 6458 5th Lake Dr NW

9:45 AM Leech Lake RV and Marina/Real Estate Options/Shingobee – 7051 Wintergreen Trail

10:30 AM Tadych/Kego – Girl Lake (RD) – 1066 Sarajac Rd NW

11:00 AM Jarobe/Woodrow – Blackwater Lake (RD) -3025 S. Green Forest Drive NW

11:20 AM Kalinowski/Woodrow – Woman Lake (GD) – Near 998 Northern Hawk Drive NW

11:40 AM Wall-Roden/Woodrow – Trillium Lake (RD) – 3229 21st Ave NW

11:50 AM Roden/Woodrow – 2146 County 46 NE

12:00 PM Lambert/Woodrow – Big Deep Lake (RD) – 2347 Big Deep Lake Dr.

12:30 Lunch – Hackensack

1:45 PM Johnson/Powers – Ox Yoke Lake (RD) – 1757 Lumberjack Trail NW

2:15 PM Elznic/Powers – Sanborn Lake (RD) – 3366 6th Ave NW

3:50 PM Swain/Crooked Lake – Wood Lake (RD) – 4963 Wood Lakes Blvd N

5:00 PM Return to Courthouse

Wednesday, September 5, 2018

9:00 AM Depart Courthouse

9:15 AM Kammerer/Turtle Lake – 10 Mile Lake (GD) – 4613 Happiness Lane NW

10:00 AM RW Acres LLC/Walden – near 3611 County 1 SW

10:30AM Sechser/Homebrook – 6497 41st Ave SW

11:05 AM Manson/Fairview – Beauty Lake (NE) – 3381 Beauty Lake Road SW

11:30AM Lunch - Pillager

12:40 PM Aberson/Sylvan – Sylvan Lake (GD) – 12332 26th Ave SW

1:05 PM Fornshell/Sylvan – Sylvan Lake (GD) – 2610 Sylvan Lane SW

1:35 PM Watson/Fairview – Gull Lake (GD) - 10494 Anchor Lane SW

3:00 PM Return to Courthouse

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 August 29, 2018

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