Details for CC Summary of Proceedings 07/03/18





July 3rd, 2018

The following synopsis is only a summary. The full text is available for public inspection and upon request during normal business hours at the County Administrator’s Office, Courthouse, 303 Minnesota Ave W, Walker, MN, or Cass County website at .

1.a. Meeting convened at 9 a.m. and adjourned at 9:27 a.m. at the Commissioners Board Room, 303 Minnesota Ave W, Walker, MN. Commissioners present: Bruns, Downham, Gaalswyk, Kangas, and Peterson. Commissioners absent: None.

1.b. Approved Agenda for discussion with one addition.

2.a. Approved Consent Agenda with notation of inclusion of Resolution 36-18, authorization to sign the Joint Powers Agreement for participation in the National Incident-Based Reporting System.

2.b. Approved Stipulation of Dismissal Agreement and set date to re-convene the Dorholt cartway hearing on August 7th at the regular County Board meeting at 9 a.m. in the Commissioner’s Board Room, 303, Minnesota Ave W, Walker, MN.

2.c. Public Hearing for the re-convened 2nd hearing of the ESD Land Use Ordinance.  Public hearing was then closed. Regular meeting resumed with unanimous approval of the ordinance amendments as summarized below:


A summary of an ordinance to amend and adopt changes to the Cass County Environmental Definitions (2018-04), Land Use Code of Ordinances for Cass County, Minnesota (2018-02), Cass County Subsurface Treatment System Ordinance(2018-03), and Cass County ESD 2018 Fees, to administer and regulate the use of land in the public interest.

1. The Cass County Board of Commissioners, at their July 3rd, 2018 regular meeting, has amended and adopted a lengthy ordinance administering and regulating land use in the public interest. The purpose of this summary is to inform the public of the intent and effect of the ordinance and to publish only a summary of the ordinance with the full ordinance being on file in the office of the Cass County Auditor-Treasurer during regular office hours, and available on the Cass County website at  The effective date of this ordinance is August 2, 2018.

Cass County Environmental Definitions

Sec.1.8. Definitions

Amends the definitions for Accessory Dwelling Unit, Accessory Structure, Bluff Impact Zone, Harbor, Impervious Surface, Residential Structure, and Structure. Repeals the definitions for Dwelling Site, Guest Cottage, and Guest Quarters. Adds the definitions for Earthen Material, Sewered Structure, and Temporary Structure.

Land Use Ordinance for Cass County, Minnesota

Sec. 501.C. Permits Required

Establishes the types of permit applications requiring an SSTS Certificate of Compliance, SSTS permit application, or SSTS winter agreement.

Sec. 1101.C – D. Accessory Structures – Residential

Eliminates a separate Maximum Building Area for Accessory Structures.

Sec. 1102.3. Animal Density Regulations

Clarifies and amends the Maximum Animal Units per acre in Riparian, Non-Riparian, and Non-Shoreland Zones. Establishes a setback from public waters for horse containment.

Sec. 1106. Earthmoving

Sec 1106.3.A-D. Specific Standards (in Shoreland Zone)

A.1-3. Bluff Impact Zones. Removes references to steep slopes.

B.1.  Shore Impact Zone-1. Clarifies walkout basement excavation limits.

B.4.a. Shore Impact Zone-1. Reduces Beach Sand Blankets cubic yards of sand from 50 to 20.

B.4.c. Shore Impact Zone-1. Limits Water Oriented Commercial Zone to 50 cubic yards of Beach Sand Blankets.

Sec. 1106.4.A. Shoreland Alterations – Annual Ice Ridge

A.2. Changes completion date.

A.5. Repeals some disturbed material requirements.

Sec.1126.1. Structure Setbacks

Establishes setback as measured from structure unless overhand exceeds 30 inches.

Sec.1126.1.B. Structure setback as measured from top of Bluff – 30 feet.

Sec.1126.5. Accessory Dwelling Unit Standards

Sec.1126.5.A. Repealed Section relating to Guest Cottage.

Sec.1126.5.B. Repealed Section relating to Guest Quarters.

Sec.1126.5.A. Adopted Accessory Dwelling Unit Standards for stand-alone units, and those contained within another structure in the Shoreland zone.

Sec.1126.5.B. Adopted Accessory Dwelling Unit Standards in Non-Shoreland Zone.

Sec.1126.6.D. Stairways, Lifts, and Landings

Sets limitations on mechanized earthmoving equipment within bluff impact or areas with a slope greater than 18%.

Sec.1126.7.B. Platform/Patio

Clarifies this section as relating to patios built prior to 1972.

Sec.1126.10. Fences

Reduces the setback requirements for non-agricultural fencing as it relates to road easements or rights-of-way. Eliminates the 1-foot property line setback in other areas. Fences must be entirely located on the property.

Sec.1128. Vegetative Alterations

Removes the term “steep slopes”.

Cass County Subsurface Treatment System Ordinance

Sec.300.A. Clarifies the requirement for an SSTS certificate of compliance when replacing an existing tank or drainfield.

Sec.900.A.1. Eliminates the requirement of a current SSTS compliance certificate for a shoreline alteration permit.

Sec.1106.C.1. Compliance Inspection Program – Existing Systems. Eliminates the requirement of a current SSTS compliance certificate for a shoreline alteration permit.

Cass County ESD 2018 Fees

Residential Structures. Increases fee from 15¢ to 20¢ per square foot.

Accessory Structures. Decreases fee from 20¢ to 15¢ per square foot. Establishes $50. fee for Change of Use of Accessory Dwelling.

3.a. Approved Save the Pier Committee Fund 73 Request for increase in funds to address the repairs to the Birch Lake sea wall from $25,000 to up to $65,000.

4.a. Adopted Resolution 35-18 declaring a State of Emergency for the June 17, 2018 wind and rain event.

4.b. Update from Sheriff on acquisition of surplus military equipment search and rescue vehicle and two Polaris Rangers funded through the existing 2018 operating budget.

5. Approved motion to participate in the class action lawsuit to recover funds for 2015, 2016, 2017 under the Payment in Lieu of Taxes (PILT) Act.

6.Reviewed upcoming meeting schedule for Commissioners.

7. Adjourned at 9:27 a.m.

/s/Joshua D. Stevenson

Cass County Administrator


                  The Pilot-Independent

 July 25, 2018