00:00:10,430	The meeting to order for this month’s Burleigh County Planning and zoning. Uh, we’ll get into the roll call. So Marla, if you could take us through a roll call and see if we have Quorum. OK Comm Bitner Comm Connelly. Here. Comm Jarrett. He. Comm Munsen. Here. Comm Patrick. Here. Comm Rich. Here, Comm Streifwall here.

00:00:38,270	Comm Zuroff and Chair Here. we have a quorum Thank you All right, we will move into the approval of the September 10th, 2025 minutes. They were sent out in your packet. Is there any corrections or uh um, revisions we need to do to the minutes.

00:01:04,970	Ja All right, it’s been moved approval with Comm Patrick, seconded by Comm Munsen. All in favor of, uh, approving the minutes from the 20 or the the September 10th, 2025 meeting. Say aye. Any opposition? Hearing none. Minutes are approved All right, we will move into the public comment portion of the agenda.

00:01:29,600	I know this is something new for us, so we will, uh, we’ll open this up, this meeting up to public comment. If you have any public comment that you would like to present us or speak to us about. You can approach the lectern and uh did Marla, do they need to sign in or no sign in like a hearing, right? Uh, no, I didn’t. No. OK.

00:01:47,100	No. So, yes, if any, if anyone would like to give us any public comment, uh, please approach the lectern. OK, seeing none We will close public comment.

00:02:11,700	We’ll move into the consent agenda is, uh, I think you all have seen the packet of the uh of what’s on the consent agenda, uh, can I entertain a motion to approve the consent agenda. Mr. Chair. Yes. I have a question before we move into approval. Yes, go ahead, I’m just wondering on the rezoning, if that is at the request of the petitioner. Is it being rezoned to R1? Is that that’s at their request, correct? Yes.

00:02:32,100	It’s a subdivision and a zoning changes to item. OK. And did, and they wanted to move it to Ag or it was recommended that they do. It was recommended and I think they wanted to, to, to also. OK. From egg to R. From egg to R one. Right. Yeah. But this could have stayed.

00:02:52,800	A, correct? Yeah, it could have been, it would have been really close after they gave up their, um, easements and things to be 10. acres, less than 10 acres. Oh, I see. OK, thank you All right. Any more comment on the consent agenda? Uh, do we have a motion to approve the consent. All right.

00:03:16,330	It’s been, uh, moved by Comm Connelly, seconded by Comm Munsen, to approve the consent agenda. All in favor, say Aye. Aye aye. Any opposition? Hearing none The sun agenda is approved, and that will send the uh Gauli subdivision zoning change to a public hearing.

00:03:43,000	We’ll move into our public hearings for the evening, our first public hearing is uh the variance request that we have on here, uh, number 41 and Marla is gonna take us through some details of that before we open the hearing. OK. Good evening, commissioners. This is, uh, application for variants to a lot. They would like a variance to the setback distance, um, the petitioner is Mark Rohl.

00:04:09,700	Construction, the property owner is Vern Coots. The address is 8507 Rolling Hills Road. It’s in Country Hill subdivision, 0 12, block 2. The lot size is 1.9 acres.

00:04:35,900	It’s zoned rural single-family residential, and they’re asking for approval of the variants and give a due past recommendation to the Board of Commissioners. The publications were put in a Bismarck Tribune. September 26th and October 4th, the county website, September 26th and surrounding property owners, letter went out, um, September 26th also. Um, Mark Brah approached the Burleigh County Building Department wanting to build an accessory building for the property owner, Vern Kunonts, and it is a corner lot.

00:05:03,600	The house faces Rolling Hills Road and the petitioner would like to change the 60 50 ft setback on the southeast side of the property to 15 ft instead of 50 ft. Let me, I got a picture here. When it was originally platted.

00:05:38,900	It was plaited for access onto Country Hills Drive, but they decided to set the house facing Rolling Hills Road. So it’s one of those that has like two fronts. and uh for their house facing Rolling Hills Road to put their accessory building, if they put it 50 ft forward, it will be on their septic system, and they can’t go further into the lot

00:06:01,270	to the northwest or southwest because there’s hills. It’s sloped land. So this is the only place where they have marked for them to be able to put that accessory building in. and the neighbor’s house is they have an accessory building also. which this one will be just down from it.

00:06:37,530	out here So it, um, I haven’t heard from the neighbors. They might be here tonight saying that they don’t want it, but they were notified. So, um, we felt that the variance request is reasonable and would allow the property owner to use more of the property, the placement of the accessory building 15 ft in on

00:07:02,800	the southeast side of the property will not encumber the surrounding property owners. The Southeast Neighbors Accessory building is 15 ft from their property line. from the shared property line and the accessory building will be located southwest of that location.

00:07:27,230	Um, staff find that there were special circumstances or condition, applying to the land, the lot is only 160 ft wide. So if we take 50 ft from the one side, that doesn’t leave a lot of space, um, Burleigh County Ordinances require um a 990 ft of the setback with 106 width is what would be remaining.

00:07:51,800	Um, the lot has a sloped area which an accessory building cannot be placed, and strict application of the ordinance would deprive the applicant of reasonable use of his land and his building. Granting the variance does not affect traffic and grating the variance does not conflict with the Burleigh County ordinances.

00:08:14,870	Staff feels that the petition for the variants remeets all the requirements of the Burleigh County Ordinances, Article 28, and staff recommends approval of the variance request, and I do pass recommendation to the board of Burle County Commissioners. So you can prove it with a due pass or give it conditions to be met before it’s approved. You can deny it with reason.

00:08:35,100	Our tabled a variants for more information. All right. Any questions for Marla before she steps away? Mr. Chair Yeah, Comm Munsen. Marla, we had a similar request earlier this year or late last year, correct? Did we pass that one. Yes, we did. OK. That’s what I thought.

00:08:55,430	But that one, too, we, we did a little of adjustment where he was going to set his accessory building because of the requests of the neighbors. Correct, yeah, but it was the same thing, corner. Same type of thing. Cornering a lot scenario. Yep. Yep. Yeah, we run into this with partner lots all the time.

00:09:12,900	We assign them to addresses if they don’t have a non-access line on one side, so they get the choice which direction they face the house and we addressed from that. OK, thank you. Yeah. Any other questions for Marla? OK. Seeing none. Thank you, Marlow. We will open up the public hearing on this variance request. for building setback distance.

00:09:35,900	If there’s anyone who would like to speak in this public hearing, please approach the Lectern. Tell us who you are, where you’re from, and sign in. Anyone like to speak on this public hearing? and last call, anyone. hearing none, we will close the public hearing and move into discussion and action. I’m overdue pass recommendation second.

00:10:01,100	All right, it has been, uh, moved to Du pass this variance request commit by Comm Rich, seconded by Comm Patrick. Is there any discussion on the motion, Comm Patrick within the motion that your intention was that it didn’t go to the county Comm. Oh, absolutely, yes. Yes.

00:10:21,700	Any other discussion on the motion? Hearing none, Marla, can you take us through a roll call vote? Sure. K, uh, yes vote means you agree with the um the amendment like whatever I just drew a It’s that age thing OK Comm Connelly. Yes. Comm Streifel? Yes. Comm Rich? Yes. Comm Jarrett. Comm Munsen. Yes, Comm Patrick, yes, Chair. Yes.

00:10:57,530	And passed OK. Uh, variance request will go to the countycom Commission with a due pass recommendation. Our second, a second public hearing of the evening is the Bigegler subdivision and uh Mitchro Marla, if you want to give us the, the details of this public hearing. before we open it up OK This is the Bigler subdivision.

00:11:31,270	They’re asking for a due pass recommendation. Um the petitioners are Ron and Kathy Biggler, the engineer is Mark Isaacs. Um, the location is part of auditors loss Lot E in the southeast quarter and part of the southeast quarter.

00:11:58,430	All in Section 29 Township 139 range 76 West in Burleigh County. It’s a four lot subdivision on 22.76 acres. The zoning is um done by his. Sterling Township and they are requesting a due pass recommendation, notifications were sent to the Bismarck Tribune, September 26th and October 3rd, surrounding property owners, um, September 26th and the Burleigh County website September 26th.

00:12:27,230	Um, this one has been in the works for quite a while. Um, they requested um some non-accesssements. um, things be vacated. They purchase some property around it. So what they’re doing now is, um, they want to plot this finally into a subdivision. Um and, um, let’s see, the county highway, the A the access right away.

00:12:54,430	um was purchased long County Highway 10, um, the excess, uh, was granted to the Biglers on October 21st, and they have purchased the land and all the remaining items on the land. It was owned by, have been removed.

00:13:13,170	Um, the right of way has been released and they decide to move forward with the planting of the property into a four lot subdivision. The preliminary plat was approved on June 11th, 2025. The paving waiver was approved in 24, and the stormwater management plan is still in review.

00:13:36,800	Um but we’re going through with the public hearing and we would request that that be one of the conditions before it’s approved for the counting Commission would be that the stormwater management plan be approved. And Ky’s here if you need him to talk about that. So um this subdivision does meet the requirements of Article 33 of the Burleigh County Ordinances.

00:14:12,970	The final flat has been submitted to all reviewing entities, all concerns and corrections are being addressed. Um, all vacations of rightaways have been completed. The zoning is agricultural and it’s in Sterling Township. The stormwater Management Plan waiver has been requested. It has not been approved yet. and the subdivision does meet the requirements of Burleigh County Comprehensive Plan, Article 3, residential Nehoods Objectives 1 and 2.

00:14:40,730	The petition for the final plan meets all the administrative requirements of the Burleigh County Zoning Ordinances and staff recommends approval, and I do pass recommendation after the stormwater management plan or waiver has been approved. Um, so, you can approve it with the DuPass. Are you going to prove it with the condition.

00:15:03,100	And then once that’s met, we’ll put it before the county commission, or you can deny it with reason or table the final plot for more information. You that questions for Marla? Yes, Comm Rich and Mr. Chair Marlo. Well, each one of these lots have their own approach to Highway 10. Um they do some of them.

00:15:27,270	And, um, Casey’s here, he’ll talk about the plan OK. All right, Casey, can you, uh, elaborate on that? You bet. So, the only approaches that carry Rotten are the existing approaches. Those will be the only ones that are no new ones will be allowed.

00:15:50,330	The rest will go south onto 17th, going through there and since they’re not building internal roles, we generally tell them you get combined access points. So, there’ll be an approach and kind of a access road in front of them? Nope. 17th is the right of way on the south side that you see, they’ll come in from that direction.

00:16:04,630	So to get to 17th, you come in on US 83, Drive West. go in through there, or they can continue us if you want to really have fun going down that goat path to go to where the electrical, uh, station is at and trying to come out there. And you make it sound so appealing.

00:16:22,170	Uh, it was fun when I had to drive it. Great. All right. Well, thank, thank you, Casey. Yep, I appreciate it. OK, is there, uh, I, I guess, uh, yes, uh, no other questions from Mary, I don’t believe, so I think we will open the public hearing on the Beegler subdivision.

00:16:39,530	So if anyone would like to speak on this, uh, subdivision, please approach lectern. Tell us who you are, where you’re from, and sign in. Anyone like to speak in this public hearing Last call for anyone to speak in this public hearing. OK, seeing none, we will close the public hearing and move into uh discussion and action on this.

00:17:03,270	Um, do you remember that there is still a pending stormwater management plan, uh, with this subdivision. Sure Uh, yes, Comm Patrick. I would move approval as, uh, and forwarding to the, uh, county Commission, um as long as the stormwater management plan has been. boom. second. All right.

00:17:30,630	It’s been moved to, uh, to provide a duePA recommendation to the county Commission of the Beegler subdivision pending the stormwater management plan be approved, and that was seconded by Comm Connelly. Is there any discussion on the motion? Seeing none, we will move into a vote. So Marla, if you could take us through a roll call vote, that would be appreciated.

00:17:51,370	Kate, the motion is to approve with the condition of the stormwater management plan or waiver, accepted and proved. Um Comm Jarrett. Yes. Comm Munsen. Yes, Comm Connelly? Yes. Comm Patrick? Yes. Comm Streifel? Yes, Comm Rich, yes, and Chair. Yes. Professor All approved.

00:18:22,800	The Biggler subdivision is uh going to the county Commission with the DuPA recommendation pending the stormwater management plan. That is all we have for public hearings this evening, uh, moving into, is there any other business? Yes, Marla Uh, you can, I think the. We can, we can do it from there OK.

00:18:44,900	This is just really an FYI to you, Commissioners, um, because of the new rules that are written, the agenda, the front page of our agenda will be sent out through the auditor’s office because the Ucom Commissioners and the media have to be notified at the same time. So what I agreed with Mark.

00:19:08,170	Um, he’s going to send out the one page agenda and then following that you’ll get an email from me with the packets, but I just too much of a control freak to give up the packets, so I’m going to be sending those out, but Mark will be sending out the single page agenda. You’ll get that first, and then our agenda packet will come after.

00:19:25,730	OK. So you’re not wondering what’s going on with that. Thank you, Marla. Any other business? No All right, it’s been moved to Adjourned by Comm Patrick, seconded by Comm Munsen. Everyone in favor of adjournment, please say aye. Aye. Any opposition? Hearing none