00:00:10,000	All, right. We’ll call to order the, uh, June meeting of the burly county Planning and Zoning Commission will go through a roll call. Um, Marla if you could take us through that Mission or Bitner. Or Comm. Jarrett. Comm. Marquardt here, Comm. Munson. Comm. Patrick. Comm. Schmidt here. Comm. Streifel here. Commissioners are off here.

00:00:43,170	Chair Agnew here. Patrick is the only one fantastic. We have a quorum. Uh, can we go into the approval of the May Minutes? I assume everyone has read through them. They were in your packet. Move to improve as presented. All right. It has been moved to approve by Comm. Marquardt and seconded by Comm.

00:01:06,100	Streifel to approve the may minutes. Uh all in favor say I and Hearing none. The minutes are approved from the May meeting. All right on to the consent agenda. We have the Minoan farm facility. Zoning change from agricultural to public use district. Uh, Marlo if you could take us through the details of that one.

00:01:42,970	OK good evening commissioners. This. Tonight is the Minoan farm facility. Zoning change Right. Now. They’re zoned as agricultural and they wanna be zoned public unit development. Um And. This is their request for a public hearing. It’s the boy, Burly County Soil Conservation district.

00:02:08,570	Their location is in Minoan Township section 34 north one half lying south of the railroad right away. It’s 100 and 50 acres more or less. Burleigh County was approached by the Bur County Soil Conservation district district regarding their plan to build a learning center assembly area building the 8300 Square foot building will be a public use building with a learning center, large assembly area and office space.

00:02:37,400	The building plans have been submitted and a review is started a septic system for the site is being designed and the stormwater management plan has been submitted and approved. The, mono and Farm facility combines natural resource education and a systems approach to conservation.

00:03:06,770	The 150 Acre property is a demonstration farm established in 2009 to explore soil conservation methods. The Farm is owned and operated by burly county soil district. They also receive additional funding from section 3199 Point Source Pollution Control program and the national resources. Conservation Service US AG department.

00:03:35,030	The, Mono and Farm facility holds various events at the site and offers training and education in conservation methods for rural and urban areas. Visitors have to access points, one from I 94 and the other one from Main Avenue. The public use district was established for areas which the principal land use is for is governmental, civic or institutional uses, including major public facilities.

00:04:00,370	The regulation is intended to prohibit any other use, which would diminish its value in serving the needs of the public, and it’s an alternative zoning classification for public and institutional uses. The Farm facility meets a criteria of Article 20.1 public use district. Regulations of the burly county planning and zoning ordinances.

00:04:33,170	It meets the The criteria of the 2014 Burly County concert comprehensive plan in the preservation of natural resources and the promotion of tourism. Article four parks and recreation. So Yeah. Are there any questions? Where I. Go on are. Are there any questions for Marla? And No. I think you’ve gone into good detail. OK and, um, what you can do today, everything the zoning chain from egg to public use fulfills the requirements.

00:05:05,770	Stormwater manage Plant plan has been addressed Concerns of the necessary county entities has been addressed and the established use of the parcel will not change and the parcel is owned and operated by a government agency.

00:05:28,270	So you as the Planning and Zoning Commission can prove the request and call for a public hearing approved the request with conditions deny the request with reason or table a request for more information. All right. Thank you, Marla. Thank you. Would anyone like to make a motion on this Mr Chair. I will approve the request and call for a public hearing. Like It’s been, uh it’s been moved by Comm.

00:05:49,800	Munson to approve the request and call for a public hearing of this zoning change and seconded by Comm. Marquardt. Is there any discussion? All right hearing none. We’ll move into a roll Call vote, Marla. The motion was to approve the request for a public hearing. Comm. Bitner. Yes. Comm. Zuroff? Yes. Comm. Streifel Yes. Comm. Jarrett. Comm. Munson. Yes. Comm. Schmitz Comm.

00:06:26,170	Marquardt Yes and Chair. Yes. All in favor. All right? That will move to the public hearings for next meeting. Right. That is all we have on our consent agenda. We’ll move into the public hearing agenda.

00:06:50,700	Uh, first one on the docket is the peaceful view Subdivision final plat and zoning change from agricultural to our one single family residential and Mitch, if you could take us through the details Good evening commissioners. Um, first on your in your packet for these public hearings is, uh The Peaceful View Subdivision Final Plat. Uh, this is, uh You want to open the public or you wanna wait till I’m done.

00:07:15,030	I think you just You can take us through the, uh, any details that you wanna have before and then, uh and then we can open the hearing, OK? Uh, details. Uh, staff met with these applicants back in December of 2023 to dig out. Discuss the peaceful View subdivision. It’s a two lot subdivision. Lot. One is 10.

00:07:36,970	2 se seven acres and lot two is 6.7 0.62. Excuse me the total of, uh, 17.89 acres. This area is primarily a mix of uh AG and rural residential zoning. The proposed. Lot two is under the Is required for egg so the zoning request would be an appropriate Use for this area. History of the application.

00:08:02,030	The paving waiver was approved on January 3rd of this year public hearing to vacate the section line easement was approved on March the second The storm Water Wave Storm Water management waiver was approved on June the third and we have the public hearing tonight. The preliminary and final plats went through eight revisions to reach this point.

00:08:27,030	It does meet the article 33 technical requirements and, uh, based on the supporting documents. It’s our, uh, To approve. Fantastic, uh, any questions for Mitch before we open the public hearing. OK, seeing none. Thank you much OK, you the public hearing that I’ll, then move into. Uh uh, Opening.

00:08:53,170	The public hearing on the peaceful view Subdivision final plat and zoning change. Let me read the legal description. Yes, if you could part of the Southwest one quarter and southeast quarter of section 11 part of lot B and part of lot, a part of Northeast one quarter section 14 all in township, 137 North Range 80 West. All right.

00:09:14,500	Thank you, uh, if anyone would like to speak on this public hearing for the peaceful view subdivision, Final, plat and zoning change. Uh, please approach the microphone. Uh, introduce yourself and tell us where you’re from. Anyone would like to speak on the public hearing. Please approach the microphone.

00:09:42,670	And last call for peaceful View subdivision, Final, Plat and zoning change public hearing, uh, to be heard. Seeing. No commentary. We will close the public hearing and move into discussion and action on the peaceful view subdivision Final Plat and Zoning change from agricultural to R one single family residential Motion to approve Second Alright.

00:10:11,330	It has been moved to approve this, uh, this, uh final plat and zoning change by Comm. Bittner and seconded by Comm. Zuroff. Uh, is there any discussion on the motion? Any additional questions for Mitch. OK seeing none. We will move into a vote on this.

00:10:39,500	We’ll move into a roll call vote, Marla, if you could take us through that Motion is to approve the plat and approve the zoning change from a agricultural to our one single family residential. Um Comm. are off. Yes. Comm. Jarrett. Comm. stre. Comm. Bitner. Yes. Comm. Schmidt. Comm. Mart? Yes. Comm. Munson. Yes. Chair. Yes, Motion approved. All right.

00:11:14,800	It has been approved to, uh or the the peaceful view subdivision Final Plat and zoning change from agriculture to our one single family residential has been approved. We’ll move into our second hearing of the night on the Flex subdivision, Final Plat. So, mitch, if you could take us through the some details on this. Ah, before we open the public hearing, Uh, Mr chair. Um the This is, uh Fleck Subdivision Final Plat, the the address property address is 3566 Northeast 110th Avenue.

00:11:40,900	It’s located in Burn Creek township, Burly County. Staff members, uh, first met in March of 2024 to discuss the subdivision. It is a three lot subdivision of Lot. One is 18.22 Acres Lot two is 10.0 Acres Lot three is 10.0 Acres. The Total comprise of this is 39.97 Acres that it also includes 1.

00:12:08,470	75 acres dedicated as right away. The area is primarily AG and resident rural residential zoning. Uh, history of the stormwater management, paving waiver or stern Water management plan waiver was approved on June. The Third Public hearing is for tonight, uh, the preliminary and final plot contain forward revisions to reach this point.

00:12:31,630	Uh, it is a part of as part of your, uh, motion and I. I would recommend that you, uh, require the approval from the burly County Commission for the paving waiver.

00:12:55,670	Any questions, OK any questions for Mitch? Uh oh, yes, Commissioners are off, so I know, I asked this when it went was going through preliminary, but, um You know, looking at the plot here. It looks like they are running that access easement right up against the buildings and typically setbacks. Building setbacks are required.

00:13:17,570	You know for I’m gonna say any new construction, but knowing that There’s existing buildings and place Is it safe and prudent to have an access easement that Has I mean, I think 20. I mean 25 ft Setback is in shifting that over a whole lot, but Well. I mean that’s I would agree.

00:13:42,770	It’s good splitting the lots in half, except for the last one to the north, but the one in the center Um It’s That’s where the owner wanted to put him. OK any additional questions for Mitch. OK, uh, hearing none. We will, uh, move into opening the Oh. Yes, yes. Comm. before you move into the public hearing, I would like to disclose that I own property nearby. Thank you. Well that, um I guess, uh, just a question. Do. You.

00:14:11,500	Have any? Uh um Financial interest or any property value. Interest in this don’t have a problem with this. But. If the commission feels I need to recuse myself. Now is the time. Uh, if anyone feels that there’s a recusal unnecessary, please feel free to to, uh, make a motion.

00:14:32,300	If, not we will move into the public hearing will open the public hearing on the Flex subdivision. Final Plat if you could, uh, give us the the, uh, location legal description is part part of the East one half of the West one half of the Southeast one quarter of section 23 all in township, 140 North Range 80 West.

00:14:59,630	In Um Burn Creek junction. Thank you. OK if anyone would like to speak in, uh, on this matter in this public hearing on the Flex subdivision Final plant, please approach the microphone. Introduce yourself. Tell us where you’re from. Good Evening Commission Uh, Kurt Fleck, Um, Brian, and just answering your question there.

00:15:19,770	That’s a temporary building that’s going to be coming down, so that won’t be close to the, uh to the access he’s spent there. So is, Is there a sign in sheet up on there? Oh OK if you could If you could sign in, Kurt. Thank you. Welcome back. Found it, Marlo. I found it’s peaceful. I’m I’m extremely worried.

00:15:42,770	Cheers. Yeah. So if there’s any other questions feel free to ask any questions that come and go for OK seeing? No, thank you. Would any anyone else like to speak in this public hearing on the Flex Subdivision Final Plat. All right. Last call for anyone to speak on the Flex subdivision. Final Plat.

00:16:18,970	This is a public hearing. OK, seeing none. Um, we will close public hearing and move into discussion and action on the Flex Subdivision Final Plat. I. Have a question? Yes, Uh Comm. Bittner. Thank you, Mr Chair. Um, the legal description that, um, Mitch read doesn’t match what I have in my, uh, packet.

00:16:45,770	I wonder if that was a mistake on This is a legal description from the plat. The. Um it might have been Earlier description. Well. One was, um it could have been taken off the the A. Yeah, On on in the packet? Yeah, the the one that I read was right off the the plat. OK. So.

00:17:09,470	The The. One you read is the is the official One, the one in our packet is From the existing property location. OK, OK. All right is that it doesn’t bother you. It doesn’t bother me. I’d move approval. OK? Is there a second. All right? It’s been moved by Comm. Bittner for approval and seconded by Comm.

00:17:33,870	Marquardt. I would make a secondary motion that the approval is dependent on, uh, the recommendation from staff that the, uh uh, the approval of the Platt is dependent on approval of the county for a paving variance as well as prior to any public traffic. Being While on the site. The temporary structure be removed.

00:18:05,300	Okay. So the, um There’s a motion to amend the the motion that’s on the table or the motion that’s being considered. And. Did. You. Get that Marla for this is for the two K, my, My.

00:18:29,900	My my amendment to the approval is, uh, to include two items, OK One is the approval of the paving variants from the county commission to prior to any public traffic. Uh, basically being Able to go on to that access easement that temporary building or any obstructions within that right of way or within that access easement be removed. Okay. So.

00:18:51,130	It’s been the amendment has been There’s been a motion for an amendment to the motion and there is there a second, OK thank you because there there is obviously a fair amount of work that needs to be done. I mean, as far as just looking at the aerials. I mean, And grubbing of tree roads.

00:19:06,100	Obviously a lot of dirt work road work that type of stuff that needs to be done prior to that. Anybody even actually being able to utilize that access easement and I just You know, knowing that that building is temporary. I’d say before it’s officially open for traffic for him to take people back their show lots whatever. That that be removed.

00:19:30,230	Because I do feel that that is borderline public safety issue, and most plats read that those access easements. I mean you can work in private road all they want, but those are dedicated to the public for public travel. Much like on the previous, uh, peaceful view subdivision so Is there any additional discussion on the amendment to the motion? Yeah. Mr Chair. Yes, Comm. Bittner.

00:19:55,800	I think that I think the cleanest thing and I think has a good input. Now. The cleanest thing would be just to amend the original motion to include that and if that’s OK with the second, I’d be OK with that. Is that all right with the, uh, Comm. off Comm. Munson. OK? All. Right, so we will.

00:20:16,570	We will just amend the original motion by way of the the original original motion. OK, the emotion is the emotion is to approve the plant. Um After The pre variants are the paving waiver has been Issued right. And then, um That we know. Building of the road or use of the road until this temporary building. No.

00:20:50,400	No public use to use public use of the the temporary building has temporary building has been removed all right approval of the plant with the condition of the paving waiver being granted and no public use of the access until the temporary building is removed. Yes. Does that sound does that sound acceptable? Comm. Bitner? Yes.

00:21:14,230	It does seems pretty clear, OK and just, uh, just for note, Um Comm. Zuroff did withdraw his motion for amending for amending so correct OK. All. Right. So any discussion on the original motion? The new original motion. Mhm. OK seeing none. We’ll move into a roll call vote on, uh, on this motion, OK? Comm. Jarrett. Yes. Comm. Bitner. Yes.

00:21:47,300	Commissioners are off. Yes Comm.. Yes, Comm. Schmidt. Comm. Munson. Yes, Comm. Mark? Yes. And Chair. Yes, Motion passed. OK, all right. The Flex subdivision Final Plat, uh, with the, uh, the amendments for or the considerations for paving variants and the temporary building removal has been approved. All, right.

00:22:20,970	We will move into our third hearing of the night. This is the Riverside Third Subdivision, uh, formerly known as the Hartman subdivision. Continuation of the hearing from March 13th 2024, The Short Plat public hearing. So, Yeah, if you could take us get us back up to speed, mitch. This is out in Riverside. Um fir, uh, South Division.

00:22:45,900	Uh, that was, uh, platted back in the eighties, Um The property location is 9920 Island Road. Uh, it’s in Riverview Township, the burly county state. We staff. We met with applicants back in October of 2023. It’s taken a while to get this around the corner here to discuss the riverside third.

00:23:09,800	It is it’s a one lot subdivision that will is combining three existing lots into one that, uh, totals 2.70 acres. The Platt was reviewed under article 33 section 12 the short plat process, which, uh, eliminates a preliminary plat review. So. That’s We just have this final platform. Consideration tonight. Um The stormwater management paving waiver was approved on November 11th.

00:23:40,170	The public hearing to vacate the section line. The the easement of the section line was, uh, in February 5th. The Original Plat contained a section line that went over all those properties out there. And. Some of them were vacated and some of them are not. These properties were not vacated.

00:24:00,230	So Technical issue there that was approved on February. The public hearing for the final Plat is tonight. This Plat, uh, went through five revisions, um, to meet Article 33. Um In your packet is a picture of the subdivision lots. Where it shows there are they’re all in adjacent. They’re contiguous to each other.

00:24:29,100	Um The intention was to combine these lots so they could build on a accessory building. It’ll be one single FA. Mily left on the house with with, uh, they want to build an accessory building on the extra areas. Uh, the last time we were at this, uh, the hearing it was a problem with the Covenants.

00:24:50,500	And The owners are here, and I think some of the representatives from the homeowners. Hoshi may be here too, as well to discuss that so If. You Wanna open the public hearing for mitch before we open. On. Any details of this Yeah. All. Right. Well. Thank you, Mitch! All right.

00:25:13,170	We’ll move back into the public hearing for the Riverside Three subdivision formerly known as the Hartman subdivision to continue this. It will be a continuation of the march 13th 2024 Short Plat public hearing, So this hearing is is now open and I believe IE correct me if I’m wrong, But the reason that this was the continuation was made on this part was to try to get the homeowners association and the property owner.

00:25:33,700	Uh Come to to some, uh, agreement on this reading in in our packet. It sounds like that agreement has been has been made. Potentially. So. Um I. Guess we’ll hear more.

00:25:55,100	So that’s that is the reason for the for the continuation, so the hearing is open, And if anyone anyone would like to speak, Uh, in this public hearing, please approach the microphone. Introduce yourself. Tell us where you’re from and sign in. Chair commissioners. My name is paul Hartman. I’m the property owner. 9922 Island Road. And I have some Um, I apologize for not being at the march, um, meeting I was out of town.

00:26:30,230	I could have maybe alleviated some, um, concern and and some of your time My house sits on lots, 12 and 13. And A drain fields and lot 14, and we want to build an accessory building and Due to Lot lines.

00:26:52,770	It was easier just to join the lot, So that’s all I was trying to do is just join the lot, so I had no desire to create a subdivision and I didn’t know anything about it. I had never intended to not be a part of Riverside and so I just wanted to state I gravely underestimated the complexity of this issue. And if anybody has any questions, I’d be Evidence. OK any questions for Paul? Three. Steps away. All, right.

00:27:34,000	Thank you for the clarification. If. Anyone else would like to speak, Uh, in this public hearing on the riverside third Subdivision, Uh please come to the microphone. Introduce yourself. Tell us where you’re from and sign in. High commissioners. My name is Tom Lenehan. I spoke a little bit last time. Uh, about this issue.

00:28:04,970	Uh, we did, I believe reach an agreement. The main concern was that the covenants did follow the The new subdivision and, uh, I think we agreed upon that and then you know, basically if we agreed that, if the you know the structure was larger than Uh, the average Uh, You know there’s a number of, uh two or

00:28:29,500	three or two saw garages but are oversized, you know, And. If. They’re it is larger than that, Then that Get 75% of the signatures from the owners in the subdivision, and I think that was all agreed upon. So. I think that there’s uh No problem with any of it moving forward.

00:28:53,470	All right? Any questions for Tom before he steps away. Yeah I. I really appreciate that. Um, that, uh The the Compromise being come to you. That’s good to hear and it was. You know we’re we’re all good friends, and it’s not something that you know. Like Paul had mentioned.

00:29:13,700	It just got like kind of ran away from us a little bit, I guess And, uh, you know, just needed a little clarification. So I think, uh, Of. That. Pretty much, uh, is all I have to say. OK? Yeah. Any Any questions for Tom? Right, seeing seeing none. Thank you. Thank you.

00:29:48,300	If anyone else would like to would like to speak in this public hearing of Riverside third Subdivision, Uh, please approach the microphone. Anyone else like to speak in this hearing. This is a public hearing. OK seeing none. We will close the public hearing on the Riverside third subdivision and move into discussion and action.

00:30:15,570	Move to approve the final plow with the due pass recommendation, the county commission Second All right? It has been moved for approval. A Comm. Zuroff seconded by Comm. Munson. Is there any discussion on the motion? OK seeing none. We will move into a roll call vote, Marla. The motion is to Appro Riverside subdivision and give it a due pass. OK, um Comm. Yes. Comm. Streifel Comm. Schmidt. Comm. Bitner. Yes. Comm. Jared.

00:30:57,770	Mr Marquardt. Yes, Comm. Munson. Chair Yes, Motion passed OK. The motion passes for approval of the Riverside Third Subdivision. Thank you commissioners and we will move into the Ah, our fourth and final hearing of the evening. This is the Country Creek Third variant request.

00:31:23,130	And looks like we’re gonna get the details from Marla. OK? This is the, uh Application for a variance from Um Puff up custom builders they would like to set um accessory building accessory building on a lot, um, located at 7921 Country Brook Road. The property owner is Holly Davis. And Davidson and the address and location is Country Creek.

00:32:01,830	Third Block five Lot one and the address is 7921 Country Brook Road. And what they would like when they approach burly county building department. They wanted to build an accessory building for the property owners, since a lot is a corner lot it is considered to have two fronts.

00:32:28,500	One of the fronts where the House faces, which is country Burke Road and the other one is on the side, which is Dakota Country drive the front of the lots require 40 ft setbacks and the back requires 50 ft setbacks because of the two back lots with 50 ft setbacks. It limits the location of the proposed accessory building.

00:32:53,570	The practitioner would like to change this 50 ft setback on the east side of the property. The House does face the West. Um So what they wanted to do is they wanted to, um Change it to a 15 ft setback, but setting the accessory building 20 ft Instead of 50 ft. And, um, they The.

00:33:20,830	Petitioner submitted a letter to the Planning and Zoning commission with the site plan. The Setbacks easement structures, road specifications and landscaping. I see. Put that up for you. Find you a good one. And then on this one. If the The variance does allow the property owner to use the established access point and the accessory building was moved.

00:34:01,970	If this recess building was moved to the north side of the property. A second access would need to be granted. Let’s see. This to work. There’s some Country Creek third subdivision that that’s what it looks like. And here is the lot There. And, um The house spaces here. In the back lot here. This is the front lot and this is the back lot.

00:34:59,100	And the We received a letter from Derek Nagle. He is the neighbor. He lives at 62 01. Um Dakota country drive. So his Um, West Side. Which has a 15 ft set back from his house. Um, would be affected by this setback, change and, um, they he has reached out to hop off and He’s here.

00:35:26,900	We’ll be here tonight. But, um They were trying to work out a compromise and as of 430 today, I hadn’t heard back to hear what they compromise was because, um, Derek was out he was doing measuring, Um, he was looking at his future property use and where this building is gonna be set where it’s gonna affect him.

00:35:49,570	But, um And Marla just to clarify when, um I guess on as that map sits the what We’re calling the front is to the left of the lot and what it what we’re calling the side is to the top of the lot. OK. Well. Yeah. It’s got obvious It’s too two fronts. But the The house.

00:36:12,230	You said the house faces basically left of that lot as it’s shown on the screen. So if it was not a corner lot. And where they were facing country Burke Road would be their front.

00:36:37,300	And, then the back would be 50 ft, away from 62, or one OK? This was a lot when they, um, built the house. They had to decide which way they were gonna face it because it did reassign two addresses. So And. They decide to face it towards country Brook. It’s just wanted to clarify. I got another drawing. Chair quick question for more issues are I was just wondering if they had submitted.

00:37:00,830	But the I’m gonna say approximate size of the building to be constructed is It’s 30. OK? OK, it’s marked in 3040. And. There is an approach. Any other details. Marla did they apply for a second approach on that? I didn’t think so.

00:37:34,970	I couldn’t find one when I went through, Um the records and it could just be the one access. Yeah, and what is there could have just been for construction. You know we see that every once in a while. So, um But. He’s here with, um Do. You like to come up and talk. When once we open the public hearing, we’ll we’ll hear from everyone.

00:37:53,170	Yeah, he could explain it in a lot better. I know he’s been working with Derek and, um, talking to him, so and and just I. Guess. We’re just an additional piece of clarification. The setback is asking to be changed from which border from the East.

00:38:12,370	Which would be which would be which would be the right the right side, which is actually the back of the lot or back of the lot, right? The one that borders 62 01 correct. Got it. So OK any other, Uh, questions for Marla any more detail that we need before we move into the public hearing? Seeing. None. Thank you, Marla. Right.

00:38:37,500	We will open the hearing for the Country Creek Third variant request. So. If. There’s anyone that would like to speak on this in this hearing, please approach the mic. Introduce yourself and tell us where you’re from. And sign in. Uh, Commissioners Chair Uh, Derek Nagle. Uh 6201 Dakota country. Uh, I’ve been a land surveyor for roughly 14 years. Uh, certified L SI. 30175 Um If.

00:39:13,200	You. Guys. Don’t mind this will clear up all the questions you were asking. You can if you if you wanna put them on the overhead, you sure can. But OK? I have multiple copies. These pictures were taken today. This morning, OK? Um Some of my main concerns with this, uh, was last fall.

00:39:43,630	They put that approach in. Uh, Marla. It’s nice to see a face to a name, so I’ve been speaking to her frequently. Um When we get when we get heavy winds out of the Northwest. I mean the way mine. You can see my house their faces to the north. My entry Um I Get 5 to 7 FT drift sometime.

00:40:08,130	Uh, I’m concerned with the visual from my deck last last fall. Uh, I don’t even know if it’s the homeowner that did it. But they had campers out there. There was a camper and a boat. Uh, that I had to stare at for six months, right off my deck. So. That’s.

00:40:26,370	That’s one of my concerns as well. Uh, I pointed it out in my email that if this 20 ft variance is accepted. Um, I was afraid they were gonna start parking boats and campers. Along that side. And there’s basically no no tree row put in so Uh, I have trees.

00:40:54,100	Uh, unfortunately, I I purchased the home in 2019, and I didn’t get to put trees in. Uh they were already there. I would have went with evergreens. To kind of cut that off, but, uh Unfortunately. What’s There is there. Uh, they don’t have much. Um The. Other thing that I’m worried about is If. A fire were to happen, Uh, in the past year and a half.

00:41:16,270	We’ve had two fires. In our area. Um As you can see on that. That, uh, design that I drafted up for you guys this morning. Uh, I believe my house and again. This is the photos that you see there. Uh, there’s gonna be some skew from the the Google imagery.

00:41:39,430	But, uh It’s roughly 52 53 ft and The lot that I drafted up for you there since I am a surveyor and I’m capable of doing this. This is what I do for a living. Uh, I would say. The lot dimensions are within Plus or minus a foot.

00:42:00,830	I did my checks from the center line of the road? Uh, where they where their property line is. It lands within a foot and a half or so. So. It’s a very accurate exhibit A Chair Comm. Zaroff. Yes, I’m sorry. Mr Nagle don’t mean any disrespect. I’m Melissa’s professional engineer. I know the difference between what is acceptable.

00:42:27,500	What’s not and I’ll tell you right now a foot foot and a half variance is not anywhere close to being within the accepted 1 ft. Within 10,000 ft. All, right? I’m not a lace. I’m, not a licensed land surveyor. OK, But. I’m gonna say I I know professional licensing. OK through and through. Ben won for 15 years, OK? For.

00:42:52,570	Everybody here a licensed, uh, a land surveyor in training is the same thing as an EIT, an engineer in training. They are not a licensed individual. They are not an individual that can certify anything. They’re not an individual. Any work that an L SI does needs to be approved by a licensed land surveyor, OK? You’re getting very, very dangerous. You’re you’re you’re writing very borderline into professional misconduct.

00:43:17,200	Apologize. I apologize. I was just I was just trying to say that what I have drawn here is is fairly accurate. Please, please go on. Thank you, anyway, um When. I spoke to Marla and I spoke to Jake yesterday. Um I just wanted to bring up some some different options that may be available. Um If.

00:43:41,770	They hold the 50 ft line. They they can put it on the East side there. Um, there is septic back there and a drain field. Um It’s if they wanna move it farther north. That’s I guess they can do whatever they want. It’s their property. It’s not It’s not my say.

00:44:06,430	Um I guess My biggest concerns are The snow, the blocking of my view, There’s no There’s No, uh, tree coverage or border going around the edge. And, uh, To ask for 30 extra feet, if you like, is a little excessive. Um Preferably This is just me, and it’s It’s not anything for you. But I.

00:44:33,700	I believe option one would be a great option, considering it’s already an entrance. They have The ability to still put it on the setback. Um, it’s not gonna I mean I found out that it’s a cold storage building. It’s not It’s not an actual shop. It’s just gonna be a cold storage building that they’re gonna store campers, boats. Whatever in it.

00:44:51,800	I have no idea if they’re gonna put a gravel road in Um, so it’s just gonna sit out there right off the road. And With the option of being able to put it behind the trees.

00:45:13,030	Um It just For property value eventually down the road if you’re looking at selling a house or if one of you comes to look at a home And Like Marla mentioned too. At the beginning when they built the house. They had the option of putting on the north on Dakota country or on country. Barr. Um The way They chose it.

00:45:32,230	Those are all those are all things you need to look at when you purchase a home future buildings, whatever else where you’re gonna where you’re gonna put your next building. If. You’re looking at a shop. So Um With that said, I guess I’ll just leave it at that. I apologize. Mr Zaroff. So. Um, I didn’t mean to to come off like that. Uh, I was just getting at it. It’s close.

00:45:53,370	It’s so Um, but Thank you for your time and I appreciate it. Are there any questions for Derek before he steps away? Uh, See none. Thank you, Derek. Or if there’s anyone else that would like to speak on the Country Creek third variance request. Uh, please approach my approach The Microphone. Introduce yourself.

00:46:32,830	Tell us where you’re from and sign in. Commissioners Chair. My name is Jacob Hipp. Um, project manager for Hoff Custom builders in Mandan and Yeah. So. I Appreciate Derek providing us with this drawing here with a couple options that we have relayed to our client, Holly Um I just want to touch on a few things just to clarify.

00:47:02,530	Um there is a secondary access already off of Dakota country. It was here or there prior to us being involved in the project as it stands now, um I can’t speak there to whether or not it was applied for or how it came to be there, But it is there. Um In the Northeast corner.

00:47:28,700	Um We originally applied for the 20 ft variant to go to 20 FT setback and I think we could do it with less. And after speaking with the client, Um even 30 ft would be more usable. Pushing it into the yard, as it would be at 50 ft.

00:47:48,370	Would require us to then mirror the image, which would put the concrete pad On the east side of the building, which would then more likely put that in view of the neighbor. As. It stands now it would be on the West side. And that you know it is again. It is cold storage, but it will be finished to match the house.

00:48:07,630	It won’t be You know, metal building. It will be siding to match the house shingles to match. So, Um, having said that? Can. I put up another image here. Absolutely. Um, this may show that there’s another fence. Zoom out of that here. Yeah. There is a button on There you go. OK? So we I.

00:48:42,270	Think, Maybe, Um, in fix here would be as To slide the building further to the north. We would still like to have a variance to the setback. To. Maybe 30 FT would keep us away from that drain field And as pictured here, you can see there’s Offense here. And. The Drain field sits here.

00:49:06,500	So that concrete apron would then be As. It sat for us on the West side would be if we push it over. We’d have to mirror it. To the East side. Otherwise it would be covering the drain field. And encroaching on that which would cause problems. Um I also feel that Moving it to the north.

00:49:24,130	We’ll move it out of Derek’s view directly out of his west windows. Possibly cut down on the snow issue. Um, I’m trying to think of any other issues he had. Uh, yeah, I don’t know. I We’re willing to work with them.

00:49:46,530	Um, we’re trying not to just ram this down Anybody’s throat, but we’re also trying to do the best by our client. And, um We feel like this is a viable option here, so We appreciate your consideration of the matter and You have any questions or anything else? I can clarify Jacob on the on the the image you’re showing right now. Can.

00:50:04,230	You show us where that second access is that you were you were speaking of it. It’s so this picture. It doesn’t show it. It would be right. Here. Oh OK. OK, so thanks, I. I couldn’t quite see it on that None of the images I. It must be so recent that it’s it’s not actually on any of the pictures. Derek’s provided.

00:50:21,670	It’s not so It’s A. It’s like a raised approach. It’s gravel with the culverts and OK Got you? Yeah? Oh, OK. Yep. Got you. So. Oh that is it, OK? The Got you correct. I didn’t didn’t realize that was the second. The second access. Uh, any other questions for Jacob? Uh, yes, Comm. Munson.

00:50:47,230	So if you’re going to move that to the north, how far back from the property line, would you would you be or in relationship to the home? Are you? North, then of his L shape of the house. Yes. Do you know roughly how many feet that is? I know it’s a preliminary drawing. Yeah.

00:51:10,270	No, I I would have to say. I mean I know that if, as I originally planned it, it was straight east or straight west of his building his house in the L. But if we pushed it as far north as we can.

00:51:27,170	I think we would be completely Out of his view from the you know, out of the West windows. Um And Yeah, I, I Again. I still would be willing. I think we would be willing to go down to a 30 Ft. I mean? I understand that maybe 20 ft. Out of the 50 was maybe a little excessive.

00:51:47,730	But, Uh, 30 ft and moving it to the north on that angle would get us in again away from that drain field and And closer than to the approach, which would You know be less traffic and less chance of a long gravel driveway, which we have no plans for, um, just a concrete 10 ft concrete apron out the front and a 15 ft. Concrete a out the West so Oh Yeah. Comm.

00:52:09,430	for Marla and mitch then so the North Property line is gonna be considered side. So, then that set back from the side Property line is what 15 ft. No. If it’s if it if it were considered a line should be the side yard, you know. So then you would have a 15.

00:52:35,570	You could have a 15 ft setback from the North so that building could go further north if you if you could I, as it stands. It has a rich OK. Yep. Yep.

00:52:57,000	If Country Brook road was literally one lot over there wouldn’t be the the set back on the North side would be 40 ft cause that is still considered a front. Cause it. It faces Dakota country drive right here. This would be the North. So. You have a front. We. Have. We have two fronts but because it’s a corner a lot. So.

00:53:17,270	You have 40 ft setbacks fronts on both sides there, so I think I Think just to maybe summarize, correct me if I’m wrong Comm. Munson is what you’re saying is that if we would say the the top of that lot right now was considered a side you actually could slide that building farther north and then W. My question would be on top of that.

00:53:32,170	Would you then be able to keep it 50 ft from the property line from the Right side. I think that would be I. I don’t want to make that decision, But so I think that would definitely be a viable option, I guess and and avoid your drain field issue that you you were talking about, I Guess, OK,

00:53:48,330	and if if he went back to the customer and had that conversation, depending on how we instruct him You know, then he could come back for another visit. Continuation of this public hearing, but Yeah.

00:54:09,130	We would need to decide is if if we are too front yard front setbacks or is that North line truly of side? Since the addresses No it because it because it’s joint right away. Because it adjoins existing right of way it it’s it’s considered a double frontage corner lot. No. I think the question at hand is Do we treat that Do.

00:54:33,570	We treat that the East line that runs north and south Do. We treat that like a true rear yard, or do we treat that like a sign? Side yard. And that’s essentially what the original variance is asked right because your rear setback would be 50 50 Ft.

00:54:52,830	Yes your rear set back from Country Brook Road would be you know, would be applicable to that which would be 50 ft. Um, correct. Which I mean looking at it right now it looks like the south side of that house sits on the rear setback for Dakota Country drive. So if you have Dakota country drive, rear setback, 50 ft.

00:55:15,170	It’s about 50 ft to the 40 on this side and the 50 over there to the 79 to the 79 07 Year Commission. Yes, This is, uh, Comm. reserve is correct. It’s considered a double fronted lot. There’s nothing in our ordinances that shows a double side lot side yards for a corner lot.

00:55:38,400	The, uh, the idea of a variance should be granted in this conditions because in cities they normally do that they do. S double fronted and you have two side lots. You have no rear lot line, but there’s nothing in our ordinance that says that there should be, But.

00:55:53,170	There isn’t but the consideration of the variance should be granted in this because of the hardship of giving back 50 ft on one side, 50 ft on another and in 50, or 40 fun on the corners and then 50 ft in the back, So it’s The idea is that if he can stay away from that 40 ft off of, uh Dakota country drive than the only variance would be to that

00:56:11,830	East lot line off the 50 ft. And I think you can do that? I think he can keep 50 ft off of Of, The Dakota Country drive, Correct. Yeah. Then. Yeah, that’s the only I don’t know how close they want to get it to up to 30 Ft.

00:56:32,100	For, the for the rear East lot line, and that would be the consideration. All. Right. Thanks much, uh, so any I guess I’ll say any other questions for for Jacob? I guess I didn’t. I don’t know if we were done with the questions any other questions for him. And, then, uh, we will sign in. Thank you. Mr chair. Just a thought. Yes, Comm. Munson.

00:57:01,500	I would need to see another dimension drawing. Of the proposal before I could make a decision on this. All right if there’s a Yeah, if there’s anyone else who wants to approach the microphone, and, uh And speak in this public hearing. Please do Introduce yourself. Tell us where you’re from. Derek Nigel again.

00:57:34,130	Uh, I’ll just kind of show you this drawing again to let you know where the option of the 50 ft Offset would be. So In the red there. I have the 50 ft setback.

00:58:04,000	Uh, my property lines were drawn in off of the country Creek Estate third edition Plat Curve Lines were put in Um So I just kind of threw that option three in where it’s at, so if you would pull that All the way to the North following the 50 ft setback. Um The drawing that Jake just showed you it would be slightly to the left.

00:58:25,770	Of, those small evergreens that you see there, Uh, so it would be Roughly 20 ft more. I think you said you were looking at 30 ft. On your drawing there so it would be roughly 20 ft. More. Um So, if if that makes any Because The dimensions I have there are 40 ft. Long 30 ft wide. That’s What. The.

00:58:45,030	The White building is so it is the exact dimensions he’s got. Um Me. Personally, I don’t know of going all the way North is the best option just because every single person that drives by on the on the road has to see a building that’s gonna be right next to the road. Um That’s just my opinion. I Again. It’s just a A reference. Um That’s.

00:59:11,200	That’s Why, Through the options in the Northwest corner because of the tree rose Uh, it’s It’s not for everybody to see everybody doesn’t have to come by and look at it. Uh, I do wanna ask to Marla had mentioned there was a landscaping, she said Something about A landscaping plan is that correct? No.

00:59:30,970	Just I think that was just in reference to the showing What landscaping is existing. OK? I wasn’t sure if that was gonna be Putting trees up or whatever I mean. If they wanted to throw some trees in or whatever. That’d be great. Like.

00:59:48,570	I said I would have, I would have thrown some more trees and I if they hold the 50 FT line. I have no issues with where where they put it anywhere. They put it with a 50 ft setback. I’m I’m totally fine with so thank you. All right? Any questions for Derek? OK? In. No questions for Derek.

01:00:13,630	But Other question for, uh, Jacob with hop off here, Um Just kind of looking at these setbacks. Um If. They would utilize the existing setbacks and say Because I’m It’s going off of gross assumption here. They’re probably wanting to set that further back one to be closer to their house, but two, so they have a little bit of extra storage room for boats, campers.

01:00:32,100	Whatever out front, right? As. Far, as I know, and, uh oh, Jacob, would you would you be able to come up to the mic? Thank you. I’m sorry, as far as I know, um, the building is being constructed to house, the boats and campers and equipment.

01:00:53,200	Um, it’s not being constructed to utilize as a living space or anything else with storage outside. Um, that’s what I understand. Um So moving it along that 50 ft. Set back to the north. Um even if we push it all the way to the top. I have a feeling that again.

01:01:09,930	It’s still gonna end up with the camper pad and stuff being or the apron being flipped to the east side of the building. Um But but we’re willing to look into it and and I may take some actual staking and Looking at it more closely, but I just because because I understand.

01:01:28,470	I mean when you have to start digging into septic drain fields and stuff that all of a sudden turns into a big mess. Um Yeah. Mm. Alright any other questions for Ah Ah, Jacob? Yes Ah Comm. Munson a question for staff as well. So. The The setback is for the building, not for the apron so they could flip. The building. The Concrete apron could be In. The the setback.

01:01:58,830	It’s just a building that has to set this is just the vertical structure. I believe so if it was flipped, we could, uh, that was that was purely for as far as aesthetics for, you know, I mean thinking that, you know, addressing the idea that we’re gonna be parking stuff there, and it’s Yeah, my thinking is, I would I would

01:02:16,030	advocate for a variance so that the concrete stays on the building side, not the neighbor side, right? So. I’m just wanted to make sure I’m in agreement with that, just so the facts are out there. OK any other questions for Jacob. OK, see you. None. Thank you, Jacob. Um all right.

01:02:39,530	Any anyone else like to speak in this hearing of Country Creek Third, the variance requests Any other. Comments. Input on Country Creek Third variance request And. Be four before we close the hearing. Is there any any need to continue this hearing? OK seeing none. We will close the hearing on Country Creek third, the variance request.

01:03:18,970	And move into discussion and action. Move to approve his presented Alright has been moved to approve by Comm. Zuroff seconded by Comm. Streifel. Approve. We’ll move into a roll call vote, and Marla if you could take us through that. OK. The. Uh, motion is to approve the setback. The variance on the setback. 50 ft to is 20 or 30.

01:03:53,570	20 I, I think what was originally asked for twenties. So the original. I believe it was the original, I asked was 20 ft. So, We? We should we should put that number in the motion, so it’s to approve the setback variance on the East Side. Uh, by 20 FT. OK? Comm. Bitner. Yes. Comm. Jarrett.

01:04:20,300	Comm. mark. Comm. M. No. Comm. Schmidt. Comm. Streifel Yes. Comm. Zuroff? Yes. Chair, Agnew. No. The motion passed. All, right? Uh, the the hearing or the approval of Country Creek. Third variant, uh, request for the 20 ft If I’m saying that correctly Yes, the 20 ft is approved.

01:04:54,170	All, right that concludes our public hearings and, uh, other business. We don’t have any other business. I guess just one thing I would like to just maybe ask, and, um, the commission as well as staff is it with with the setback? I think this is a probably two or three that we’ve dealt with? I guess since I’ve been on the on

01:05:09,070	the commission, is there something we need to call out or change in our ordinance in cases like this is is or is this I mean? It doesn’t happen often, but you know, we just talked about That well, we don’t really have anything in our in our ordinance that says anything about these double

01:05:25,500	front edge type of lots. So. Just a just a question. I mean if if if we think it’s OK to just handle it by variance. I’m fine with that, But if we think we probably should, uh, I don’t know Mitch. Maybe. It’s just a question to you, Mr Chair. The You.

01:05:45,170	Hear me on this, Uh The reason for the on the city of reduction of the side. Lots, uh, on the city with no rear, So, You know, corner lots, you know, rear lot lines. It’s because of the size of the lot.

01:06:03,670	They’re you know, down to 5000 square foot for the city lots so they it does really restrict the the but these are on two acre lots. So. You move in that That setback closer to somebody’s house. It kind of does it makes it look a little strange for a a two acre lot to have a building. That’s 15 ft from the lot line. It’s OK. Very Yeah.

01:06:27,030	So I Think, uh, that you know, just I think just a question to float out there because of, uh we’ve it doesn’t come up often, but it definitely does come up, and, ah! So if we think if we think we’re okay then Ah, I guess we can. We can handle these through variances. That’s That’s definitely an acceptable practice.

01:06:43,370	So All, right? That was just a one comment on this and we don’t have any other business. Uh, except to adjourn if someone would like to make a motion. So Second All right has been moved by Comm. Streifel and seconded by Comm.. Schmitz to adjourn. Is there any oppose to adjournment? Hearing none.