Commission Board of Adjustment for Tuesday, January 13th, 2026 at 6:30 p.m. And we have started with the OSA office for Lee Brisbane and Marcy Weaver. Those have been completed. Um, we will now all
rise for the pledge of allegiance. I pledge the allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
>> Thank you. >> And if we can proceed with the roll call. >> S here. Brisbane here. Weaver >> here. Zerden absent. Ty here.
>> All right. And then we'll proceed with the election of officers. Do we have a motion for chair or vice chair roles? >> I make a motion that we have Marcy Weaver as our chair and Lee is our
Brisbane as co-chair. I guess it is. >> All right. Do we have a second for that motion? >> Second that motion. >> All in favor say I. >> I. Any opposed? Motion has passed. And our next item up is the open forum. So, the city council or the uh planning and
zoning commission will invite residents to voice their comments and concerns that are related to public hearing agenda items. Individual remarks are limited to three minutes per speaker. If someone has already made your point, feel free to simply state your agreement instead of repeating all the same comments just to save time. Speakers
should state their name and home address at the podium before speaking. So, we will go ahead with the open forum. If anyone in the audience would like to approach, they may do so at this time. Not seeing anyone approach, we'll go ahead and close the open forum and we
will move on to approval of the November 12th, 2025 planning commission meeting and board of adjustment minutes. Do we have any motions for adjustments or do we have a motion to approve? >> Motion to approve. >> Do we have a second? >> Second. >> All in favor say I.
>> I. Any opposed? Motion has passed. And then we will move on to the public hearing for the conditional use application C24 C25004 for White Birch, Inc. at 7891 County Road 11 Breezy Point, Minnesota for
parcels 10170778 and 10170500. The request is to relocate the golf course holes eight and nine for White Birch Golf Course zone RC. We will begin by opening the public hearing. So if
anyone in the audience or actually we'll just open the public hearing and start with the applicant presentation if the applicant would come up to the podium and state your name and address. >> Um I'm David Lander representing White Birch Incorporated. Uh my address is
7374 Fairway Lane, Breezy Point, Minnesota. All right. >> You want me to move forward? Um Yes, please. So, do we have um the PowerPoint stuff that we normally do? >> All right. Anyways, um this seems to be
somewhat of regurgitation of many hearings that we've had in the past, but um in talking with staff, um we felt that it was prudent to make sure we dotted all the te's or dotted all the eyes, crossed all the tees. And uh so we're here for a conditional
use permit to move the or to apply to have the golf course construction occur on the lot that was zoned RC and and that diagram is the most westerly lot. So historically originally we came in and
and divided the property and had it reszoned. So the east portion of the property is zoned R4. the west portion is zon um resort commercial so that we could move holes eight and nine into the resort commercial property. And so we're
here today just simply to make sure that we have the authority to start construction and move those, you know, do the dirt moving and irrigation system, etc. to put in that as parcels which we've altered and platted already.
plat's been recorded and the zoning's been changed and so I guess it seems fairly straightforward and simple to me. So if you have any questions I'm here to answer them, but I think that's the simple presentation I can make.
>> Well, thank you. I know that we've gone through this a few times, but are there any additional questions that anyone has? >> No. >> All right. Thank you. All right. >> And we'll proceed with staff review. >> Um
I don't know if I classify this as a regurgitation, but it's it's probably a rehashing and and I I think the um the issue has been vetted a number of times. Um but we're putting some
finality to it. Um again the application is C25003. The applicant is White Birch Inc. Property address is 7891 County Road 11. Uh legal descriptions are portions of
outlot A out lot C of White 7. Uh those uh today have been uh when this report was done, the plat had never been filed yet, but there's new plat there today that identifies the
specific area that we're talking about. Um, as part of outlaw A, uh, this pertinent city code is 153039, 15344, 045, and 119.
Conditional use request to relocate, realign, and construct White Birch Golf Course holes eight and nine. Uh, the property is currently vacant. um recently reszoned from R4 to RC
um part of outlot A White Birch Fairway Edition. Upon review of a conditional use application, the commission needs to consider the findings as required in section 153119. In review, the commission should state whether or not the finding is acceptable towards
granting the CUP if applicable. Following findings must be met. The use or the development is appropriate conditional use of the land use zone. The property is zoned RC and the request is appropriate under section 1530
2A and 153039C8. The use or development with conditions conforms to the comprehensive land use plan. The use with conditions is compatible with the existing neighborhood and the use with conditions would not be injurous to the public health, safety, welfare, decency, order,
comfort, convenience, appearance or prosperity of the city. Um the those initial findings A through D must be considered. There's also consideration for findings uh one in
153119 A through I and I won't read those. Uh applicant has filed the appropriate application for a cup. The applicant has paid the appropriate fee for the application. Public not notice of the
conditional use hearing was published in the legal newspaper and all property owners within 350 ft were given mailed notice of set hearing. Public hearing is being held as we speak. Um staff has reviewed the site plan
application zoning code compliance. Following findings are made to sue is appropriate. The use is an appropriate conditional use in a land use zoned RC. The property is zoned RC. The request is
consistent 153 039 044 045 and 119. Uh the use with conditions is compatible with comprehensive land use plan. The use with conditions is compatible with the existing neighborhood and the use with conditions will not be injurous to
the public health, safe, decency, comfort, appearance, prosperity of the city. Uh the following may be appropriate conditions for approval of the conditional use permit. Realignment, rerouting of golf horn poles 89 to
conform to the site plan as submitted. Thank you, J. >> Does anyone have questions or need any clarification? >> All right. Well, then what we'll move to is public input. If anyone in the audience would
like to share their thoughts, please approach the podium, state your name and address for us. Not seeing anyone approach, we'll go ahead and close out the public input portion and move on to um commission report and and findings
and decisions. So, just kind of leading through that as we review the findings as well as the suggested um conditions for approval for a conditional use permit. Uh having read through these, does anyone on the
commission feel that items uh let's say A through I that have not been met? Is there anything up for discussion on those? >> No. >> All right. Then do we have any motions to approve
or deny the permit? I would move the approval of the application for a permit condition. Um, I'll read it. I'll second it.
with the condition that the realignment rerouting of the golf course holes eight and nine conform to the site plan. >> We have a motion and a second. All in favor say I. >> I. >> Any opposed?
>> Motion has passed. And we'll be moving on to public hearing variance application V25003 for Michael and Deborah Buliki at 31162 Spring Loop, lot 5, block 20, White
Birch 15. Parcel ID is 100934 zone R2 for medium residential. The variance application is for a 20 foot setback from the required 30-foot setback for existing accessory structure. So, we're opening the public hearing and we'll invite the applicant
to approach the podium, state your name, address, and to summarize the request. I'm Deborah Buckley, 31162 Spring Loop. >> And I'm Michael Buckley, 31162 Spring Loop in Breezy Point. and we um applied for a variance because
we just moved there on May 2nd of last year and there was a pullb barn already existing and we weren't aware that um the previous owners didn't pull a permit and I guess someone complained that it was
there and it's not meeting the requirements of 30 feet instead of 20. We were they signed a disclosure at the time of our um purchase that there was nothing
unpermitted on the property and we have proof of that and our realtor also has proof of that. So, we're kind of we we went ahead and paid for the variance because I mean we don't want any legal
fees. I'm sure you guys don't want to legal fees to go after them. Um, and I think they moved out of state. I think they're in Arizona or somewhere. And I guess someone complained, but we've met all most of our neighbors and they've all seem really nice and so we don't
know if they went over and measured it themselves. We can't imagine, but anyway, we just hope that you will let us keep it. And um because we this is our forever home. And you want to add to that?
>> Yeah. And basically the same thing, you know, we moved in on May 2nd. We had no idea that this was unpermitted as I think I told Jerry, you know, if we pro if we would knew that at the time, we probably would not have bought the house. We, you know, we're not out here just to start problems. We understand,
you know, the city. We understand why we have these permits. We can't just have everybody building and doing what they want in their property. We understand that. But but like my wife said here, you know, we had no idea whatsoever that that that was unpermitted. So
>> So that's we're hoping that you will approve the variance because we can't really afford to move the building and our well is next to it. So I you know I don't know how if we move it 10 feet then we'll be into the well probably. So
that's basically it. And I don't It's a good build. It's a nice building. It's It's been there I guess about a year or more. We've only been there eight months, but they told us when we purchased it that the house is three years old, but they built the building
after the fact. And >> that building's only Oh, excuse. >> It's only a couple years old. Yes. Oh, really? So, I guess we was wondering why someone would why didn't they complain when they
was being built, you know, >> and not, you know, >> Yeah. And on our disclosure paperwork when we bought the house, the the people who sold the house, you know, you have your disclosures and and like she mentioned too, they signed that there
was no unpermitted work on the property. So, we we had no >> I have that on my phone, too, if you if you need to see it. >> Is it a actual pole building or is it a steel structure? All steel. >> It's steel. >> Steel. Yeah. Steel pole barn. It's a
pole building, >> but it has poles. Well, I guess you know I I don't know what they classify as as a pole building as opposed to a steel garage, so to speak, but it's constructed of steel >> and it has a cement >> floor. Yes.
>> Right. >> There's no electric in it. There's no >> plumbing. No plumbing, nothing like that. It's just for storage mainly. >> Other questions? >> I don't know if you have it. Oh, you do have it up there. Okay.
>> All right. Thank you. >> Okay. >> Thank you. >> And we'll proceed on to our staff review. >> U this is variance request 25003. The applicant are Michael and Deborah Buckley. Legal description is lot 5
block 20 white perch 15. The address is 31162 Spring Loop. P is 10 080934. Property zoning is R2. There's it's unsured. The applicable codes here are
1532, 153445, and 153120. The home with the attached garage was built in 2020. A certificate of occupancy was issued for that home and
attached garage in 2022. Uh the home and the attached garage were built to code. Uh the builder Petri sold to Arnold Janeiro. The current owners Buckley purchased the
property in May of 2025 from Jiro. uh property purchased by Buckley's hosts a home with an attached garage and a 30x 24 detached accessory structure. The
city has no record of a building permit for the detached accessory structure. City staff has identified property stakes along Spring Loop detached detach accessory structure located 20 ft from the property line. The required setback
in the R2 zone is 30 ft. Property owners purchase property with existing structure. Owner would suffer extreme financial hardship to relocate the existing accessory structure to conform with the ordinance. Relocation of the structure may conflict with an existing
well. Owners requesting consideration for an after the fact variance to legitimize the location of the accessory structure. Um again a variance is a legally permitted
deviation is provided Minnesota statutes 463 357 may be amended from time to time from provisions of this chapter as deemed necessary by the board of adjustment when strict interpretation of the ordinance would create practical
difficulty and it be impractical because of circumstances relating to lot size shape topography and other characteristics of the property. And when deviation from the ordinance with any attached conditions will still be in keeping with the spirit and the intent of the ordinance.
Variances cannot create land use not permitted in a zone. Um the variances shall be decided within a reasonable period of time with consideration for the following. The strict interpretation of the ordinance would be impractical because of
circumstances relating to lots, shape, topography, other characteristic of the property not created by the land owner. The deviation from the ordinance with any attached conditions will still be in keeping with the spirit and the intent of the ordinance. The land use created
by the variance is permitted. The variance would not alter the essential character of the locality and the variance is not for economic reasons alone but reasonable use of the property does not exist under the ordinance.
Staff findings the epicent inherited a pre-existing condition variance after the fact variance would validate the pre-existing condition. Accessory building less than
1,280 ft is permitted in the R2 zone. Relocation of accessory structures would conflict with existing well. Potential actions of the board of adjustment approves the variance application. Deny the variance application.
U I should state that I've been working with the Buckleys for about three months now. Um, we've gone out and located property stakes so we know exactly where they are. That's why there isn't a survey that's been required.
Uh, I've had some conversations with the city attorney about going after the uh, previous owner. The only way we could do that would be if the we were to go after the Buckleys and the Buckleys would then
go after the previous owner. and it didn't seem like that was probably the appropriate action to take at this time. And I should also um tell you that I've tried to find the
previous owner. I have uh the realtor that represented the previous owner has been less than cooperative. Um the Buckley's uh real estate folks
have given me a copy of their paperwork and stuff like that, but um this was viewed as as a more viable alternative than going through a whole real legal hassle. We know where property lines are
here and we know that the existing condition was something that was not inherited by them. I got one question, Jerry. If that building was to fall down, snow or whatever it may be, wind
um and we, you know, gave him a variance to have it there. So, how is that? Does it >> if a variance is granted? Yeah, >> it legitimizes the building. It's
considered illegal non-conforming use and so it could be replaced on the same footprint. >> Okay. >> Um if there isn't a variance and and the variance is denied, then that building is basically considered an illegal
non-conforming use and it really doesn't have any legal standing. Uh so it's kind of a from a land use perspective, it's kind of a precarious position that the that the previous owner put these people uh
these people in. >> Yeah. >> Sounds like the realtor may have something to do with it, too. But >> whatever. It does sound like you've gone through all the steps of trying to seek resolution in some way and landed on the
fact that there wasn't a cooperative. Yeah, I tried I tried uh a number of ways and and it wasn't it wasn't working and again I think I I brought this in front
of you a couple meetings ago and and and talk to you about it and this was I think the alternative that probably makes the most sense. Does anyone have any questions for Jerry
before we move on to public? >> All right, then we will move on to public input. If there's anyone in the audience that would like to share their thoughts, please approach the podium, state your name and address. Not seeing anyone approach, we'll go ahead and close the public hearing and
move on to the commissioner findings. Um just kind of validating what we've gone through. Um there's a basically with the u findings this is a precon existing condition. Um this would
allow them to seek that variance. The building itself is within the permitted size for R2. So it's really just the fact that they were an un knowing buyer that re relied on the disclosures presented to them. So, I don't see that
personally that they're at fault for this, but >> um anyone have questions or concerns. Would anyone like to make a motion? >> I'll make a motion to approve variance request.
Do we have a second? >> I'll second. >> All in favor say I. >> I. >> Any opposed? Motion has passed. Can >> I ask one more question? Can I ask one more question? >> You may put in. >> Thank you. Um, so being it is approved,
do we get some type of letter or something in case we go to sell at some point someday or say we pass on? So if our kids are is that something that >> would be possible or >> the county through the county? >> There's there's a resolution that will
be prepared that that uh is basically uh reaffirming their their motion. Okay. >> That resolution you'll get a copy of and it's also a resolution that's filed with the county so it'll show up in title.
>> Okay. Thank you. >> Thank you. >> All right. Moving on to the next. We have a public hearing for the conditional use application C260001 of Breezy Point Sports Inc. 9250 Breezy
Point Drive. Site address is 7370 County Road 11, Breezy Point. Parcel ID 10181332. The legal is attached. Uh requested sales in display of a camping park model recreation vehicle licensed as motor
vehicle sales. The zone is rated as C commercial. So as we open the public hearing, we will begin with the applicant presentation. So, if you can approach the podium, state your name and address and walk us through the application. All >> right. Thank you, Madam Chair. Members of the planning commission, David
Landecker representing Breezy Point Sports Inc. My address is 7374 Fairway Lane, Breezy Point, Minnesota. um here today to request a the location to put a park model on a site uh near
near and on the um ice arena property. Uh zone commercial. It's a it's a it's a park model that would be used as a um appointment only if someone were to call and want to look at it and then assuming
that they would be interested or wanting to purchase those types of units are then located into the campgrounds to upgrade sort of what some of the units there are like. So, it's uh you know, going from the old traditional camper, pull behind camper. A lot of people are going to these park models and placing
them in the campgrounds and doing sort of upgrades. So, we're just we were looking for a place that we could identify within Breezy Point that would have visibility plus um an easy place to go view and park and have electricity on
the site. So as you would go to that location um and if you can think about it going towards Peekquat Lakeser oftent times was a big bus parked there when we had a amateur hockey team and that's where that park model would be. Now it's
not on a permanent foundation. It's on a you know kind of a rail system with wheels that if it needed to be moved it can be moved. Um, so we're not looking at a permanent um forever necessarily, but we are looking to um have something there so that people can come and view
it and um you know meet with somebody present from our organization and look at sales opportunities at that location. There's no planned um improvements to the site. I mean there's no additional parking needed. We're not attaching to
sewer or water for for any reason. So, it' be sort of like cold storage if you would um building sitting there. There'd be a sign on it noting for sales and then a number for appointments. So, we're not going to be putting big u you
know, signs out on the property that are unattached. You know, that property, the Ice Arena property already has signage for its own particular use. So, we're not adding to that. it would be just on the park model in itself. I think as
part of the application, well, Jerry and I have talked about this. We actually came in and visited a number of times and we were heading down different avenues and finally discovered or I discovered and shared with Jerry that this was uh as it fit the ordinance
in your um in your categories, it fits into the the category of in the land use chart as motor vehicle sales. And and the reason it fell into that is we discovered that in order to sell
these units they needed a dealer license certificate with the state which is like automobile dealership. So it kind of actually gave us a more clear route or avenue to come to you and ask this particular question through conditional use instead of um some other types of
approaches we were considering. I think you all have in your packets. Well, there's shows where the site location would be. Hockey Arena to the upper right hand side of the um of the map there. And then down in that lower
right hand side, you can see the square that we've kind of pegged out there, which is the parking area that the buses used to park on that we had parked there representing that. So, it's in that location on the site. Again, no new improvements
or anything like that would be needed. And um and the park model itself is, you know, just a camper style park model. >> And the signage you would have would you
would attach to the park model? >> Yeah, it would be just on the side like a banner on the side of it. Is there any need for lighting or anything? >> The only lighting we would have would be there is an electrical outlet at that corner because as if you go by there now, there's actually a snow plow
sitting there which is plugged in all the time. So batteries charged. Um so there is electricity there. So I mean we can plug it in and you know put turn the lights on in it. Um and we also I I thought there was a light pedestal there
but we plan on putting a light pedestal just for security purposes. on that corner of the parking lot. So, >> is this year round? Will it be year round? >> Yes. >> Do you have the porch next to it too or
>> um just that picture that you saw there? So, the porch is that um kind of that over the other overhanging piece there to the left. So it' be both those the park model itself and then that overhanging
porch like on it. So you can kind of see and I mean in the campground they've been built a lot of different ways. They've just had the plain park model. They've taken the porch that's sitting off to the lefthand side there and they've just had an open
deck. Some of them have patios. Um, so there's a variety of different ways that that um has been used, but we're just trying to show again prospective buyers the ultimate, you know, kind of build out on how they might fit on a lot in
the campground. And this again, this would be um by appointment only. We're not going to have somebody in an office waiting for people to come or, you know, use parking lot for that purpose. It would be daytime use predominantly for people to come in and
if they made an appointment to go look at it. >> And David, would there only be one of these units? >> That's what the plan was. I mean, that's what I've submitted for. I know there's some discussion about whether I know in the conditions that were um looked at
here if there was, you know, uh what what is the number? I know in talking with the folks at the resort, if they could potentially have two, that would be desirable, more desirable for them in case one actually got sold and moved off the site. Um, but not more than that.
Again, it's more just um for show and tell, so to speak. In our conditions here, Joe, that there is a display vehicles limited to blank. So, we could put one or two in there. Correct, Jerry.
>> Right. I'd leave that up to the board's discretion. >> Right. >> Uh, a conditional use is something that is usually approved with conditions and the conditions uh are usually
something that the board stipulates. >> Something we should probably discuss. >> Any other questions? for me. >> Thank you. >> All right, moving on to staff review.
Conditional use application C260001. The applicant is Breezy Sport Point Sports, Inc. The property address is 7370, County Road 11. P number is 10181332.
Uh the property is zoned commercial. Uh the appropriate city codes would be 153.044, 045, 153.119, and 15340. Uh the conditional use request is
display and sales of park model recreation structure sold and licensed as a motor vehicle. The property is a 13.56 acres located northwest intersection of County Road 11 in
Ranchad Avenue. The property currently hosts an ice arena, dormatory facility, parking area, and recreation area. The applicant is seeking to display recreational vehicle park models for use and sales.
Uh upon review of the conditional use application, the commission needs to consider the findings as required in section 153119. In review, the condition the commission should state whether or not the finding is acceptable towards granting the cup
if applicable. The following findings must be met. The use or development is an appropriate conditional use land use. The property is zone C and the request is appropriate under section 15340C14. The use or development with conditions
conforms to the comprehensive land use plan. The use with conditions is compatible with the existing neighborhood and the use with conditions will not be injurous to the public health, safety, decency, etc. Uh the applicant has filed the
appropriate application for a cup has paid the appropriate fee for the application. Public notice of conditional use hearing was published in the legal notice paper and all property owners with 350 ft were given mailed notice of set hearing. Public hearing
was held on Tuesday, January 13th of 2026. It's being held as we speak. Staff has reviewed the site plan, the cup application, zoning code compliance. The following findings are made. The use
is appropriate conditional use in the land use zone C commercial. The property is zone commercial and the request is consistent with the applicable codes. The use with conditions is compre compatible with the comprehensive land use plan, compatible with the existing
neighborhood. and the use with conditions would not be injurious to the public health, safety, etc. The following may be appropriate conditions for approval of the conditional use permit. Applicant shall comply with all setback requirements of
the commercial zone. Access to sale facility to use existing accesses. applicant to maintain motor vehicle sales license, display vehicles limited to a number as determined by the commission and any
other that the commission so uh seek would seek to have applied to the application. The only Jerry, the only thing I was not able to find is anything that would say if there's any type of normal
restrictions on having a a commercial with more than one type of business there. Is there anything that we need to be aware of from that end? >> Uh no, but because the it's specific because this these things are treated as
motor vehicle sales. That's specifically a a conditional use in the commercial zone. Uh multiple uses on a site are not uncommon. Okay. >> Um look across the street, you've got a
pharmacy and a and a clinic. Um we've you know I I I don't see that as being an issue quite frankly. Okay. Excuse me. Lights. Um,
do do you put a condition on I mean a time on the lights or >> you could put a condition that they have to face inward rather than outward. They have to be >> Yeah. Okay. >> Side facing. Generally, they have quite a bit of
lighting there anyways. >> Focused on the property might be a way to say that, >> but if they light the whole house up, it could be >> quite a bit. Would you want to see something that's um he had mentioned a
light pole or liing it to an exterior light post that's consistent with >> right shining inward versus outward. >> Right. and number of units. One, two.
>> I'd say two makes sense. There's enough space there. >> Might I suggest that you uh go through the rest of the public hearing and then have your discussion about those items. >> Okay. >> After the after the hearing is closed.
>> All right. Any other questions for Jerry then at this time? >> All right. Then we will move on to public input. If anyone in the audience would like to share their thoughts, please approach the podium. State your name, address, and address the commission.
Not seeing anyone approaching, we'll go ahead and close the public hearing and move on to commission findings and discussion. So, in looking at the terms for the conditional use permit, we um already have kind of highlighted a couple things
to discuss. One would be display vehicles and possible limiting of that. Is there some discussion around there? Is there concerns with having more than one? >> Two would take a lot of space. It would take probably into that soccer
field probably or I guess is their loss. So, but it's a lot of public right on 11. That's >> Are you looking for me to comment? >> Do you want We can >> Sure. Go ahead, David.
>> If you wouldn't mind approaching the Sure. >> podium. the the second unit would still likely be in the parking in the batuminous just shifted to the north. >> Okay. >> So, they would kind of all be in that same >> stacked up
>> stacked in that parallel site >> as far and just let me address the light because you asked that question. There's not currently a light pole right at that location. So, I'm not saying that we're going to install one, but if we did install one, it would be downward inward
lighting. Um, >> how about lighting of the unit itself? >> The lighting of the unit, >> right? >> I don't think there's any intention to like have flood lights on the building, >> but I mean inside, wouldn't they want >> Oh, well, there's electric there's
electricity there. So, I mean, they would, but that would be just for a showing. We wouldn't have like lights on during the night. >> Oh, okay. That's what I was. >> Yeah. No, there's not going to be it's not going to be lit at night. We're not going to be showing it per se at night. So we're not going to be like
advertising at night. It would be sort of daytime function. >> Okay. >> Yeah. >> So we could put in perhaps a condition that says construction of a light pole near >> indirect or >> with indirect lighting would be
approved. >> Isn't there like a pole there now? >> I thought there was next to that front end loader. >> Yeah. I when I went by and looked it looked like there was just there might be one on the island to the west of it. It looked like just to the
right of it. It was not there's just an electric pedestal here that looks like this might be that's a power pole. I believe it might be a light. No, that's power standard. >> But we could address that in a conditional use just to cover it.
>> This is powerful. Yeah. >> Yeah. I don't know. I don't This could potentially be one, but I don't believe there is. I think it's When I looked at it, I thought there was a pole, too, but um I believe it's just a box with electricity
on it. I don't think there's actually sitting there. Would any of the conditions would anyone on the commission want to see a condition on signage that it's restricted to? >> I think itself >> it should be.
>> You drive by a lot of those park models and there's all these big banners hanging out and >> yeah, the intention is just to have it right on the model itself. >> So just kind of Oh, go ahead. Did you have a question?
>> Okay. So, the following conditions for the approval of a conditional use permit. Just kind of reviewing these before we moved to any motions. So, one applicant shall comply with all setback requirements of CZ zone. Access to access to sale facility to utilize
existing access applicant to maintain motor vehicle license. Um, display vehicles limited to uh is everyone comfortable with two? Is there any concern? >> I'd say two. True. >> And then adding number five is um the
ability to construct lighting as a post that would face inward for lighting. And then adding item number six, which would be restricting signage to advertisements on the unit. Is there anything else anyone would
foresee adding or want to address? No. >> Okay. Do we have any motions to approve or deny? Go and make a motion to approve uh this variance upon the conditions that we had stated. >> Okay. Do we have a second?
>> Second. >> All in favor say I. >> I. >> Any opposed? Motion has passed. >> Okay. Moving on to item number 11, which is zoning talking points. All right.
So, Jerry, could you lead us through these? Um, this started a while back after we we uh after the we decided that the uh comprehensive plan and and zoning
ordinance improvements were something that were going to get delayed. And uh some members of the commission asked me to look at the ordinance and and give you an idea of some of the questions and or
uh troubling items that may or may not be part of this this ordinance that we could possibly address. Um I tried to identify uh just some of the basic things. Um
one of the uh issues that I get the most questions about is the minimum size that we have for houses. Um, in most areas of the community, we have a
standalone house is has a minimum size of 26 ft wide and,96 square ft in the footprint of the house. Um, the R3 zone is the only zone where you can build something that's less and
that requirement is 26 by 26. Um, I think the question becomes whether the commission and the council want to continue to have a minimum house size. Um,
and I know that's not an easy u easy answer. Um and there's probably some more discussions that have to happen um both on behalf of the commission and and even the council. Uh if you are going to try
to change some of the requirements in the ordinance, uh we need to have uh commission buy in and council buy in also. So I I think those are something that um we need to have a discussion with the
council at some time when we have a joint meeting. The other part of that scenario is if the minimum house size requirement remains, is that 26 ft width and the um
1296 or the 975 the appropriate size? I don't I know there was a reason that the 26 uh feet wide was was chosen back in the day that uh would have eliminated
any mobile homes. The other uh the other question I get asked more than anything else is can I build a garage and can I build that garage on a vacant lot? And that was
your current the current ordinance requires you have a principal structure before you have an accessory structure. Um the question becomes a policy question. Do you want that those considerations to remain
the along the same lines that this this ordinance basically limits the size of of accessory structures when you have a principal structure. It's it's somewhat related to the size is somewhat related to the size of the
lot. The larger the lot, the more size you can put on. Um so you're it's the maximum that you can put in on even on a large lot right now under this ordinance is 2% of the the square footage of the
lot, which is when you look at five and 10 acre lots, that's that's huge. Um, another discussion I think to have with the council as far as whether that, you know, they want to allow larger
accessory structures or not. Um, camping, we have more probably complaints about camping than we do of anything, quite frankly. And
right now we're pretty stringent and um we have campers that are not allowed on on vacant lots. I think that's another policy discussion that the the commission and the council need to have about whether that you want
to continue with that. Um, I think the the history of camping in in this town was that there were a lot of little lots that were sold back in the day for specifically for campers.
Um, all of a sudden there were some homes and full-time people and pretty soon camping in on vacant lots next to folks that were living there 24/7 became a conflict.
And uh so the I believe the the rules were changed about back in 200 8 or nine that didn't allow for camping anymore. Again, it's a discussion that I think
the the council and the the commission need to have. also get a lot of lot of uh requests to use shipping containers
as accessory structures. Another discussion to to have whether they they they warrant some more discussion. Right now they they only supposed to be used for temporary quarters for during construction and and
those type of things with a permit. bigger question I think for the for again for the council and the commission is under today's ordinance any any new um
subdivision has basically a limited it it it limits a new subdivision to a minimum of two and a half acres And we do get some some folks that are saying, "Well, why 2 and a half acres
when you can build a house on 20,000 square ft, support a well in a septic system, but any new subdivision has to have 2 and 1/2 acres. Um, I think that becomes another policy question about
does the council and the and the commission see this large lots being the the wave of the future or should we be looking at uh maybe some taming that down and and
allowing lesser. I know the cost of land becomes very expensive in in uh a subdivision. Two and a half acres pushes that subdivision to a cost that um just
builds up the cost of the house. The other part of that is that not so much when the initial subdiv well actually even when the initial subdivision go in because of the large lot each lot is responsible for a their
portion of the road and that becomes a very expensive proposition for any new lot owner. It also becomes another issue when when and if those lots are subject to assessments for
rehabilitation. Makes makes the assessments very expensive because of the size of the lots adjacent to the road. So, I don't I don't expect that you're going to have any answers for me, but I
I just uh needed to relay some of those. >> Is there any areas in the city limits that would where a 2 and a half acre lot would be a a possibility? I mean, you know, down the road or something. Well,
I think um actually two and a half acres and in in in five acres in some areas, you know, depending upon the zoning, it's a it's a fiveacre many minimum. Uh there was a subdivision that was approved
back in 20 24 possibly up in Fawn Lake. >> Oh yeah, >> those were 5 acre lots. >> Uh those very, you know, with the with the different zoning classification,
they certainly could have gone down to 2 and a half acres and they probably be very viable lots. Um there's, you know, vacant area up in north of Bushman that eventually
uh are going to get developed and and that they would have some potential. Uh the Bushman property specifically there there's uh 240 acre parcels there, I think. I mean, as you go west of
there, there's there's more um >> couple >> pardon, >> is there a couple 20 acre parcels over there, too, if I remember right? >> There there's more than that. There's quite a chunk of of vacant property out there that that eventually could be developed.
>> And there's city sewer across south of Bushman, right? >> There is no city sewer out there. Not north of Bushman, but >> No, there's none south of there either. >> Really? >> The furthest north that >> not around here? Oh,
>> the furthest north that the the sewer goes is Weaver Point Road. >> Didn't know that. >> Doesn't go all the way out there. U city sewer in in in Breezy is is
probably geographically only servicing about a quarter of the community. So, any recommendations? I know I've kind of taken these things and I've asked residents, um, realators and some other local just
to get feedback myself on like what they feel changing this would impact. It was kind of interesting because the people I thought that would um before it be in favor of some of these things were actually against it even though they'd profit from it, but they were wanting to
preserve some of the the aspects of our community. They understood that the reasoning why it keeps coming up, but at the same time they felt like some of these things like having shipping containers and things like that might detract from
the comprehensive plan in the >> Well, I I think you know any any action has got a reaction and you you're probably going to have um one side versus the other. That said, um I I think having those discussions, even if
nothing changes, is is legitimate. If you if you don't change it, we didn't feel there was a need and we wanted to see the community stay as large lots. Do you feel this is something that we would could put on an agenda and invite the public to come in to speak to us
about it so it's not just our opinions that it's actually >> I think you need to have to to start with the with the city council. >> Okay. >> I I really think you need to probably schedule a workshop down the line and and and get some uh feedback from them as far as whether
they they feel there's a need to even go forward. If you don't have them buying into it, you're you're probably not going to effectuate any change. >> I may we will be talking about this as a whole discussion of the strategic part
of the strategic planning. >> Okay. >> And then if after discussion if there are items and ordinances that you want to change, I believe they require public hearing ordinance. So at that point the public
come in be notified >> but you kind of wanted some public input. >> Well I was kind of curious because you know we hear about these things coming up but it's usually one-sided. it's the person that wants it. >> So, of course, we're going to hear that side. But, you know, hearing both sides
of the story. >> Yeah. And I think most of the um the reason that I I I put these items down was because I know there's more than one person or one one realtor or you know, I hear both
sides of the story and and I hear it enough that I believe there should be a discussion. Um it and it isn't something that is only coming from one specific group of folks.
It's it's coming from questions that get asked about what can I build, what I can't build, where can I build and and and where development is going to happen and those types of things. I get those questions all the time and this is um I
get them enough that I think they warrant some discussion. >> So is this something that we could since you said that they're going to be talking about strategic plan, can we as a commission um request that these items are part of that discussion and then
maybe have a special session to kind of get the feedback from that. >> Yeah. So I think and I haven't spoken with Jerry about this strategic planning is meant to be high level. >> So that's you know one item community development in this the comp plan timing when do they want to do it
>> I think then um I imagine they'll say obviously they made indication they want this to be done. I'm not sure if you do it one by one if you kind of tackle it one at a time instead of having five once. >> Um but I think from there we could
schedule a joint work talk with the council throughout the spring and kind of get their take and see how they want to do the public feedback part of it. >> I don't I don't know that you want to tackle them all at one time. Yeah. >> Quite frankly, I think you want to
prioritize the the discussion and and and do it one or two at a time. >> Yeah. And they're kind of they're kind of divided, too. There's more, you know, um the variances in the lot size and then there's kind of the structure, the Those are kind of two separate in my
mind categories that we could at least break it up into. >> Okay. >> The other the other thing that I I heard from the commission is well we we deal with too many variances. Um and and I don't think
that no matter what you do, you're going to get rid of variances quite frankly especially in lakes shore lots. >> Yeah. uh the times are changing and people's wants and wishes are changing. Um that said, I I think uh you probably need to
have a a heart-to-heart discussion about what really constitutes a legitimate variance, whether it's just somebody's want or whether it's really truly a hardship. >> Right?
And the statute's pretty clear about the fact that you need to have a practical difficulty and it can't be for economic reasons alone or livability. So I I think there's some some discussions that have to happen when you
you know I heard some soularching that has to be done when when you look at variances. Do you have some public input for us? >> Just a little bit. >> Do you mind approaching the podium just so we can record it too?
>> David Lander. Um 7374 Breezy Point or Fairway Lane Breezy Point. Um you have big topics. I mean you're kind of talking big topics, but there's also just housekeeping topics. For instance,
um I could see reaching out to the professional group that submits or works for land owners within the city and just say, "Hey, if you had if you had a top three or a top five list, what might they be for housekeeping?" Because they might
have they could care less about your variances and about house sizes or whatever. But I might say, um, I come in here and talk to Jerry, um, on many projects and ask him, "How does the
parking ordinance really read? What is your interpretation of it?" Because I see it saying this, and you see it saying this, and Jerry's like, "Well, it's this is how we're going to apply it on this project." Um, the same with city signs,
housekeeping. It might be just a couple of words that need to be tweaked so that it's clear that this is what you mean when it's this kind of a sign located in the city. And again, I'll come in and talk to Jerry and we'll have a great healthy conversation and
I'll walk away with a solution. We'll come up with a solution and walk away with it. But what if Jerry's not here and my solution maker now is somebody different that reads it differently? And so are there just some housekeeping
items along with this whole big item list that you could tackle as well? And and that's where I would say if you were to reach out and say what are some things on your list, I might come up with just housekeeping things just, you know, hey, could you clarify the
language in this particular section because it's one that I always come back to Jerry and have to ask him every time we do a project. So just broad-minded different kind of approach and I know that there's big topics and
those are more complicated than my housekeeping topics. >> Thank you. Madam Chair, >> Jerry, um, something that I keep hearing from people is enforcement
of our ordinances. Do you think that needs to be a topic of discussion? >> Do you mean like how they're enforced if somebody were to not comply. >> Are are you talking about the zoning ordinance or are you talking about all
the rest of the the the dogs and the cats and the the some of the other things that that are out there? >> Everything. >> Everything. Um that said, I think that becomes a um well I I need to back up
right now from from what I've heard from past councils and and I believe from this council is that if we get complaints, we react to complaints. We're not going out to be
We're not going out looking for people that are breaking the rules. We're we're not doing that. Um, if in fact you're going to get hard and fast and you're going to, you know,
start the the ball and become a a uh strict enforcement, folks. You're you're talking about some economic issues as far as taxes, expenses. It's like having a policeman. It's a it's a code
enforcement thing that do you really want to go there or not? I I don't know. Um and and I in in a lot of cases it it's just um I I haven't seen this council or or
previous councils being wanting to go that that route at this point. Um but it again if we get a complaint we do we do enforce it or we try to or you
know sometimes it gets as far as staff and and in and the next level is a city attorney and the next level is is the court. Sometimes it takes a long time to to to
get those things resolved. if you run into people that don't want to cooperate. Um, it's a it's a touchy issue, but I I think again it's a if you don't
have buyin from the council and and the other part of that is that if you had a code enforcement person that's going to be strictly code enforcement and that's all he's he or she is going to do. You better have the folks that are sitting at that
table. backing 100%. So that doesn't always happen either. >> Well, to me that just seems like a a bigger thing. Like do we really want to be a police force or do we just trust and rely on if there is an issue it's
going to get reported? you know, if it's something that's obstructing. >> Typically, those court enforcement folks that are um working for communities are working for
communities that are much bigger than Breezy. They're much more uh more urban, per se, where you have a lot more conflict. You also have a lot of safety issues.
Like the question really is, does the council want to go that route or does that question been asked recently? >> Well, it comes up it comes up uh occasionally. >> Um,
and it's always been from as long as I've been around, it's been if you get a complaint, we react to it. But don't go looking. >> I think that opens up kind of the well
if we are doing that then I I mean that's almost a limitless job to just patrol looking for things and if you miss it then somebody's complaining that whoever is doing it's not doing a good enough job because they
miss so and so doing XYZ. You know, it just seems like >> that's that's when I said the people that sit at that table really need to be backing that. >> It it is it can't be successful without that backing. >> If I may,
>> our police force enforces state law as well as our ordinances. I think the most recent discussion likely was out in this golf course where they wanted, you know, additional patrols on weekends. That was discussion and through that I've
gathered that I don't believe this council is interested in proactive enforcement finding a problem before someone complains about it. It's really a complaint based system, which it is in communities I would say under 30,000.
It's pretty difficult to I mean because you're hiring at least one full-time person to enforce actively out on the roads enforcing your ordinances. And that's also a tough position to find. I think that's why in other
communities you don't see that position. A code enforcer, you know. I think it's a ball that can get that can spiral out of control. You know, we don't want government to be such an overarching.
>> It it's also a um it's a budget issue >> and in many larger communities becomes one of the first things that gets eliminated when the you when the times are tough. Um,
what's a great discussion to have, but >> anyone have any more thoughts on this before? >> All right. How about staff reports with the 2025 building permit summary? Basically, what you've got is a summary
of of the past uh five or six years and and going forward uh through 2025. I think we had like 35 um new home permits. We didn't have as much uh we
had a lot of residential reconstruction per se. We didn't have as much many garages as some other years, but the total numbers are pretty close from last year.
Um the interest rate where they were and and the downtimes, it it was actually pretty active for um the community. I thought that was interesting. >> Campgrounds. Sorry.
>> What are 14 campgrounds? >> Campgrounds are permits that are issued in the the the three campgrounds that we have. >> And therefore, park models, >> Minnesota rooms,
uh delighted decks, um those type of things. We don't break them out individually, but that's >> that's where the activity is. >> No, good. >> I was just surprised by the amount of activity because in my head the impression was it wasn't as busy as
other years, perhaps due to interest rates, but it seemed like it was a an active year. >> Well, you know, and I've said this for years. Um, we we're pretty active from a construction standpoint. We just don't
see a lot of and hear a lot of hammering in in those type of activities because we're so spread out and there's so many trees and and quite frankly, a lot of that activity is hidden >> and it isn't all in one area. There's
there's different the geographically this this community is large. I mean it goes all the way from to the north side of Asawana McKe and and uh up to the school to the east and to the west about
the same there's a lot of diversity in the community and in in a lot of area and there's been a significant amount of activity for many years. Uh Breezy probably had more home permits than any other
community in in Kling County. So we're a health but you didn't even know it community. >> Pardon? >> So we're a healthy growing community. >> We have been. Yes. >> Anyone have any questions on the report? Any other business that we have not
covered today? All right. It is 7:46. Meeting is adjourned.