call this meeting to order. Um, >> I guess we do the pledge of >> allegiance. Aliance 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. Roll call. >> Heirs absent. Brisbane >> here. >> Weaver absent. Ty. Zeran here. And then open forum. I guess that's if
anybody has to come up with anything. Anybody that would like to speak to an item that is not on the agenda is encouraged to uh take that opportunity now. Um if there are nobody that wants to
speak to uh specific items and you can uh adjourn the open forum. But is there anybody that wants to uh speak on open forum? Guess
we have no one. Then we move on to the approval of minutes from September 16th. >> I'll make a motion to approve September 16th minutes. I'll second.
>> We have a second. Motion is approved. >> Vote. >> Oh, we got a vote. >> Call for a vote. >> I'll call a vote. >> All those in favor? I >> I nay. Motion pass.
Okay. Okay. The public hearing conditional use application C25-00003 Matt Jutton 8862 County Road 11 Breezy Point Lot 11 block 23 Whitebird 16
parcel 100080631 request to construct a,040 square foot accessory building uh cumulative Relative stressory structure 1568 square ft
zone R2 medium residential >> and anybody from the public >> applicant >> actually the first order of business would be the open public hearing. >> Okay. >> So I guess Mr. Jentman you can make your
presentation. Yeah, thank you. Um, I am just looking to build and then we need your, for the record, we need your name and address. >> Oh, for that? >> Yep. >> Birth date. Your date. Date and address.
>> Just your address. Name and address. I'm sorry. >> Name and address. >> Yes. >> Okay. My name is Matt Jutman. I live at 8862 County Road 11, Breezy Point, Minnesota. >> And then just talk a little bit about Yep. Um, I'm looking to build um permission
to build an accessory building on my property in Breezy Point Resort or Breezy Point City. Um, just looking to build some more storage um for some of my toys I guess I
have. Um, we're looking to build it on the Harvest Road side of our property. Um, where there is a driveway already to the clearing area that it's going to be. Um, this will be just a cold storage
building. Um, no plumbing or septic involved. And then we plan on having the building color scheme to match the existing um buildings on the property. I have our residential home uh which is about 2400
square ft. Um dark bronze logs sided. Um we have a very small garage kind of tucked away in the middle of our property with the second driveway off of Harvest Road leading to it. And then our proposed building would be on that same back driveway a little closer to the
road. And the building would have a five uh black Waynees coating on the bottom and then a dark bronze um siding for the majority of the building. Um looking to do black garage doors, black doors and black windows as well. Um just a very
kind of matching building to what we have already. And that would be that's met metal then too. >> Metal correct. >> Y how high Can I ask a question? >> Sure. >> How tall the sidewalls are you planning
on having? I guess it kind of dictates your height there a little bit. >> Right. So um upon this conditional, we have um Sandman Engineering designing in accordance to city code. Um we plan to
have the mid height of the roof no higher than 15 ft tall. >> Okay. Um, do are you having a survey to make sure you're got the right setbacks or you look like you probably got plenty, huh?
>> Yeah, I did my own site uh plan and yeah, we're way within tolerance of of the setbacks between the road and our neighboring lots. How big is that lot that you're on there? >> It's about 1.86 acres.
>> Okay. Anything else or >> so? And one of the conditions Jerry had was applicant shall comply with all setback requirements. So we don't have to require a survey, do we?
>> The lot is big enough and he informs me that he knows where his property stakes are. So therefore, I'm not requiring a a survey at this point >> for the >> if in fact this would be a small lot that had uh tight setbacks, then we'd be
talking about a survey. >> Okay? Because we don't want something down the road where the neighbor goes, well, he's too close. >> I we have not uh traditionally required surveys when people can find
their property stakes. is where the people can't find property stakes. So, we have issues. >> Yeah. Okay. It looks like there's plenty of room. So, it was 26. Now, it's 20. It was 28 going to 26. So,
are you going to have uh any more impervious added to your uh driveway going to that building? I'm assuming the three garage doors are on. Are they all going to be lined up with the road? You know what? >> Correct. >> Understand what I'm saying? So, you're
not going to be adding driveway or impervious out here. >> Obviously, this isn't a scale and perfect. I understand that. I was just >> just making sure. >> Yep. >> I don't have any further questions. >> Okay.
>> Um I guess we move on to staff review. >> Uh again, the applicant is Matt Jutman. Property address is 8862 County Road 11. Uh P ID number is 1080631. The legal description is lot 11, block
23, White B 16. The zoning is R2 medium residential. The applicable city codes is 153.032, 153.044, 045, and 153.119. The conditional use request is to
construct a detached accessory structure up to 16,000 1,600 square feet property zoned R2. Property presently is 1.842 acres 80,286
ft located between Harvest Road and County Road 11. The lot currently hosts an existing house and a 22x 24 detached garage. Applicant is seeking to construct another detached garage 26x40.
Proposed cumulative total square footage of accessory structures 1568 square ft. Access to the accessory structures proposed from Harvest Road. Um, upon review of the conditional use application, the commission needs to
consider the the findings as required in section 153.119. In review, the commission should state whether or not the finding is acceptable towards granting the EU if applicable. The following findings must be met. The
use or the development is appropriate conditional use in land use zone. The property is zoned R2 and the request is appropriate under section 153.032 C1. 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 or appearance of
the pro prosperity of the city. I'm going to forgo going through the verbiage that's in the that's verbatim out of the zoning application or the zoning ordinance.
Uh applicant has filed the appropriate application for the cup is paid the appropriate fee for the application. Public notice of the conditional use hearing was published in the legal newspaper and all property owners within 350 ft were given mailed notice.
Public hearing was held on Wednesday, November 12th, 2025. Staff has reviewed the site plan COP application and zoning code compliance. The following findings are made.
The use is an appropriate conditional use in land use zoned R2. The property is zoned R2 and the request is consistent with 153.032, 044, 045, and 153.119.
The use is compatible with the comprehensive land use plan. The use is compatible with the existing neighborhood and the use in conditions would not be injurous to the public health, safety, welfare, decency, comfort, convenience, appearance, prosperity of the city.
The following may be appropriate conditions for approval of the conditional use permit. Applicant shall obtain a building permit for accessory structure. Applicant shall comply with all setback requirements. Sighting and roofing of accessory
structures to be similar to principal structure. Accessory structure to complied with the state building code. Height of the accessory structure shall not exceed 15 ft. Midpoint of the roof. Cumulative square footage of accessory
structure shall not exceed 1600 square ft. And the access to accessory structure to be from Harvest Road. So, uh, any public input? I'm assuming nobody there. Um, I guess we'll close it
to the public and then uh, anybody have any questions or concerns? >> Jerry left the blank on eight and I I don't know of anything we need to add. Do you? No. I guess we just move for a motion then
or >> I believe that would be where you would be at at this point. >> Okay. Um, do we have a motion? I'll make a motion to approve uh conditional use permit application C25-00003
under the conditions that have been presented to us. >> Second. >> I'll second it. >> We have a second. Um, all those in favor? >> I >> I opposed.
>> A motion is passed. >> You're done. >> Good to go. >> That was easy. One thing I did want to mention is we got an email on Monday with an invoice from >> a scam. >> Scam.
>> That's what we assume, >> but it's usually been coming the day after their meetings. >> Yeah, that's why. >> Okay. So, they have they've changed their game. >> Just a heads up. >> Thank you for letting us know that. All right.
So, I guess we got something to talk about some zoning. >> The question is, do you want to wait till there's a full group here or do you want to uh attack some of that now? >> Um, might be
rehashing it the second time. >> Yeah. >> When your when your full group is here, >> probably would be better. >> I get everyone's input. I tried to put down, you know, just some some of the the key things that I think need some discussion. Um, I'm sure there's more
and I would suspect that as we get into the discussion there, we'll identify more of them, but I I think it would be beneficial if we had a full uh board here to talk about it. >> I agree.
>> Do we table it till next meeting? I I agree there will be a meeting in December. We we do have an agenda item. Were we going to meet as an open
the planning and zoning beside the regular meeting? Well, you can do that, but I think uh the last the the last uh direction I got was that we should bring it and have a discussion at the meeting >> and then >> and then if you want to have a workshop
later on, we can certainly have a workshop later on. That that's different. No matter what, if there's more than two of you that are going to be having that discussion, it's an open meeting to everybody. Right. Right. Okay, I guess um any staff reports
I Yeah, I have one. Okay. Is it something you want on the recording to put on the document thing to see? Where am I going there, young lady? >> Oh, sorry. Right there. >> Okay. That piece of property is 31162
Spring Loop. >> It upside down or no? >> No. >> Pardon? >> Oh, yeah. >> Upside down. >> It's upside down to us. >> I mean, we can see it, but there you go. >> Thank you. >> Got it again. 31162
Spring Loop. Uh what you're looking at is a house that was built back in 2022, I believe. Um that white structure that is there is a
garage that is an existing garage today. Number one, that garage was never permitted. Number two, it's about 10 feet too close to the property line. >> What makes this even a little bit more
precarious is the fact that these people that are there today and own that piece of property just bought it in May of this year. So to me it seems one of the actions that we could take is we could go back to
these people and say, "Hey, you have to go through a horrendous process to permit the the garage or you can go after the previous owner.
Either way, it's going to cost you a lot of money to do that. And they they're basically a victim here rather than a that they they didn't do anything wrong. Um we can't go after the previous owner.
We the only thing we can go after is the present property owner. >> Is that state statute? >> That's advice from the city attorney. Um, what I'm thinking of is that we ask them
to apply for an after the fact variance to uh allow for the setback that is less than the 30 ft. It's 20 ft. It we've identified the property stakes. We've actually measured the distance from the
property stakes to the the building. We know what that is. Um, but I'm looking from if you have some other form of guidance for me, I guess I'm asking for that.
>> How old is that building? Just curious. >> I'm assuming that building is between uh 2003 or four. >> Oh. I think an after the fact variance is sufficient. Like you said, they are
ultimately the victim and all of it, but it needs to be writed somehow. >> Yeah. >> My other question is is uh was how was this brought to your attention? Did you find it or the inspector or a neighbor? >> Neighbors.
>> Why so late? Actually, we had all kinds of activity over there in that neighborhood this year and there were >> we had some uh campers that were were out there and and that became a a
hellish issue to begin with and then, >> you know, one thing leads to the next and and here you are, >> right? So, the previous owner built the building, lived someplace else, built the new house, and then sold it
is the way I understand it. My understanding is that the previous owner built it. When it was built, I don't know because it was never permitted, >> right? >> Um, he is gone. He sold that piece of property to these people
>> in May. They've been there since May of this year. >> Like Teddy said, you just about have to give them an after the fact variance, you know, apply for one and it's >> Well, it's going to come in front of you again if there's an application for an
after the fact >> variance. Exactly. >> So, it should be 35 and it's 20 foot. >> It's supposed to be 30. It's 20 foot. >> Oh, so it's 10 foot. there's a 10 foot variance that is necessary. I think uh I think you know one of the
things that the attorney said well we could just leave it go and not do anything about it but um I think it's would be good to at least um legalize the the building as it sits
there so that if in fact it gets burnt down or whatever he can rebuild it. If he doesn't have apparance, he actually can't replace that because it would be a illegal non-conforming use.
>> I think that's how you pitch it to him, >> right? To the new owners. Yeah. Like we have to do it this way. >> It's for the benefit of that. >> They're not very happy and and I understand that they don't want to spend a lot of money, >> right? But they are a victim in this
circumstance. >> So they well you went out and measured it and you kind of have an idea about >> well they found the property stake so they know >> we actually went out and located the property stake. There's a property stake that's >> where the stars
>> 20 exactly 20 feet from that building where I I indicated on that line. Um, yeah, we we physically located them, >> but like a surveyor told me they find a lot of them move, too.
>> Well, they found more than one. >> Yeah. So, that's fine. I mean, it's just I've just brought that up because >> because it's like next to the road, so it wouldn't have like a like the side off of, let's say, at the side of a lot.
What is it? 10 feet a minimum. depends from the side. >> Well, it's a it's it's a setback from the rightway which is 30 ft. >> Okay. To speak well. Yeah. Because the road is there. >> If in fact that were one of the the sideyards, then then you'd have a 10
foot, >> right? Yeah. >> But what's a after the fact variance cost? >> Same. >> 250, right? I think you we have to bring them in and at least get that done
>> and solidified so it's recorded and it's not just a illegal building. >> Well, it's right now it's an illegal building and you got we got to legitimize it some way. Correct. And the only I think the only way to do that without
costing the current homeowners a whole pile of money is to do an after the fact variance. >> I would >> and >> yeah, that's I would agree with that. >> You know, is there a any
way the city could deduct or lower the fee rate? Well, I think we got that much in in cost, quite frankly. >> Okay. I was just asking. >> By the time we do the publications and the notifications and hold the hearings
and and that kind of thing, I I think we we eat up $50 pretty easy. >> Yeah. >> Okay. >> Just throwing out ideas, that's all. >> I you know, the last thing I want to do is promote the fact that the next guy
comes out there and builds something and doesn't >> Right. Right. >> So, in the like that was built without a permit. >> I'm sure there's other structures in the city that
>> I think there's probably some structures in the city, but I don't think they're as big as this building is. >> No, it looks pretty good size. >> Yeah. off topic since we're talking about this stuff. Um, imperous coverage, like if there's a lot
that's way over their impervious coverage, then what? >> Well, then we we ask them to bring it into conformance. >> Okay. And my next question is is if somebody
is basically living in their camper inside of the house for over a year, probably a year and a half, then what? >> Uh, number one, you just can't camp. >> But it's inside a structure. That's all
I'm saying. >> If we if we if we got a complaint about it, >> y >> we would do something about that. >> Got it. >> But if we don't get a complaint, we're not chasing them. We're not chasing >> I I I get it. I was just curious.
>> Yeah. I don't you know, and I'm sure there's there's squatter. We We've had squatters on uh some of the lots. We've had we've got some campers that we've had to deal with. Um, there's actually a camper in one of the lots just north of
this this lot that we've sent a letter to that, like I said, there's kind of a lot of activity in that neighborhood and one complaint kind of leads to three or four, >> right? Can you >> It's not something that The other part of that is that when we do get a
complaint, we do not give out who gave that complaint. >> Yeah, >> that's good. >> Where is Spring Loop from here? Spring Loop is is off of uh >> Skiet off of of Ski Chalet. >> Yep.
>> North side of the of Ski Chalet almost to Ranchette. >> Got it. >> Oh, see >> two ways. Obviously, it's a loop, but yeah. >> I thought it was right off 11. So, you can almost see it >> from 11. >> Well, from ski I think you can see it.
>> Oh, yeah. Okay. Down by there. That's all I got. Okay. Thank you. Thank you. Close the meeting. >> Yeah. I guess we adjourn the meeting. >> All in favor? >> Yeah. Make a motion. >> Make a motion. >> I'll make a motion to adjourn the meeting. I'll second
>> um meeting. >> I