##VIDEO ID:VUZ4NJUmObk## Board of adjustment for Tuesday January 14th 2025 starting at 6:30 p.m. um we are going to start with o of the office that should okay we are going to move that to later in the agenda and we'll start with a call to order um and then we'll move on to a roll call Peter would you be happy to oblige us with a rooll call IR here Brisbane here Weaver here Ty here zeran here all right I'll Stand and Rise the flag is in the corner over there and we'll do the Pledge of Allegiance I pledge the allegiance to the flag of the United States of America and to the Republic for it stands one nation under God indivisible with liberty and jcece for all thank you and next item is the approval or any amendments to today's agenda do we have any amendments or do we have a motion to approve I'll make a motion to approve do we have a second second all right all in favor say I any opposed all right motion has passed are we able to do the election officers or should we pull that to the the end too so nom for which just the for chair okay do we have a nomination for chair position Marcy Marcy Weaver if you want it do we take other nominations too but first a second all right we have a first and a second n all right all in favor say I I I any opposed motion has passed do we have any other positions that we need Vice all right we have the vice pres or vice chair position any nominations Joe we have a nomination do we have a second second we have a second all in favor say I any opposed motion has passed is that it for the elections this time all righty then we are going to move on to open Forum this is is for the public input section if your topic is later on the agenda there'll be an open form for those particular um agenda items but if there's something not currently on the agenda and you'd like to approach the podium please state your name and address and we'll hear your input I'm not seeing anyone approached so we'll go ahead and close the open forum and we'll move on to approval of the December 10th 2024 Planning Commission Board of adjust adment minutes do we have a motion to approve I'll make a motion to approve we have a motion do we have a second we have a second all in favor say I I any opposed motion has passed the first item is a position for rezoning from Urban Reserve to wooded residential Z 20241 for Sarah Lovejoy at 7036 nickel Road and so we are going to start with a staff review by Peter Madam chair members of the commission application Z 2501 Sarah Lovejoy address 7036 nickel Road and the property is zoned Urban reserve the applicant has filed the appropriate application for rezoning request the applicant has paid the appropriate fee for the application public notice of the hearing was published in the legal newspaper and all Property Owners within 350 ft were mailed a notice of this hearing the request is a petition to rezone property from Urban Reserve to wooded residential summ the property summary of the property includes it's located on the west side of the city on nickel Road based on the application the project is proposing a rezone that would allow a smaller lot size 5 acres in order to split the property and develop the properties independently this does not currently appear to be a spot Zone as the property is still within a residential use allowed zoning district and there are other properties within the vicinity that are also zoned wooded residential referring to the land use matrix chart in your packets this rezone would actually place the property in a more restrictive zoning category regarding most land uses no animals no accessory structures without a house Etc however it does allow for a smaller lot size of 5 Acres the property is currently restricted to a 10 acre minimum lot size and according to the description the property is approximately more or less about 10 acres however the property appears to be described meets and Bounds meaning the property boundaries have never been surveyed so the exact area is unknown until it is surveyed it was the applicant's request to apply for the rezoning without a certificate of survey with the thought being if the request is not granted they are not out the resources having spent money on a survey the one problem with this is if they are approved and it turns out to be less than 10 acres the lot could not be split because it would not meet the minimum 5 acre track size staff doesn't see any issue with the reone relating to the land use as the property is actually going into a more restrictive zoning category and could possibly achieve what the applicant desires for the outcome here however staff does recommend a condition of the approval to require a certificate of survey prior to applying to the city council for the rezone this way it will guarantee the question of the lot size is answered before the city council here's the matter the idea behind this is so the city's not put in a petition a position where something is approved and we find out later that it doesn't work as a zoning administrator the city ordinance does allow me the authority to require a survey however it did re seem reasonable at the time to allow the request to appear before the Planning Commission as this is the first stop for rezone if the commission is supportive or not to rezoning the matter the project would end here so now it's up to the commission to review the request and make a recommendation for the reone or to deny the request this decision needs to be based on the reason reasonability related to the overall needs of the community relating to land use or the future plan for land use within the city which seems onar with residential development and the one question that would need to be asked also is does the request align with the city's vision for reducing lot sizes to allow more houses or if the city would desire to require a larger lot size and to prever uh to preserve the larger rural open space character of the area that concludes the staff report if you have any questions please let me know we just have to recommend it to the city council we're not right yeah we talk correct yeah the action we'd be looking for the Planning Commission tonight would either to recommend or not recommend the city council up city council does have the final say on rezones within the city um but the first stop is here to get a recommendation whether the Planning Commission is supportive of not supportive of it or not um um so that would yeah we don't have any we don't need any findings on it per se like with the conditional use permits and variances and things like that just the thought of you know is is this something the city wants to encourage or or is this something the city would like to not encourage so if this is something that upon review of this we think we would recommend um because a survey wasn't done would it be in the best interest before we recommend it to council to have that survey done just to make sure that it is applicable that would be that's a good idea absolutely that's what I thought does anyone have more questions before we hear from the applicant okay then um with the applicant please approach the podium state your name address and review the application with us [Music] I have to put this on hi am I supposed to just say what I want or answer question oh my name is Sarah Lovejoy and my address is 7036 nickel Road and then just run through the application what is the reasoning explain what you're requesting and kind of give your your input on to why okay I have a home right now on the property and initially we started trying to see if we could just build a second home on the property because my daughter and her husband and son would like to buy my house and we were going to build another house and we just decided that it would be easier if we could split a lot we could build anyway but we just thought it then they could gain equity in their own home and we could continue to gain equity in ours so basically the Divide is just to secure that going forward I I think we could probably build anyway but we just wanted to do it that way so they can have their own home and we can have our own home but there we we did have it we didn't have it surveyed but we did have Pat trer come and do the measurements and it is there it's just we didn't go through like the all of the statistic or the logistical part of it but I'm pretty sure that would come out appropriately I'm not certain of course but and then based on the graph it looks like the um which would be probably the West Side would be where the new home would be built yes on the The Wider part of the property it's sort of like a pizza shaped or pie shaped yeah I kind of Drew like a dash where you could see um that's where Pat Traer had measured for us where that would be I think it has to be a certain amount of feet wide the property on and so I think it's 350 but I'm not don't quote me on that and would it be a separate driveway or would there be Ave there would be a separate driveway okay so each each lot would be five acres shouldn't have any problems with setbacks with five acres on you know for and that's the bigger piece of the property or the longer piece and the thing that just as Peter had pointed out too it would be moving it to a more restricted Zone as far as you know the conditions in usage so you know that's something in favor of making sure it's meeting code and all of that and we would maintain as much Integrity of the woods as possible we're not looking to clear any any more land than we absolutely need to so does anyone have any further questions or need more time with the applicant um now you said You' something on here you need an easement for existing septic yeah because this um where the D yeah the the septic would be then if we divided the property and I sold it the home to Kenzie and Andrew their septic would then be on our my property like on on the split so I have no problem with that if the city doesn't have a problem with it but that is something that we would also need to address your septic would be on their property no theirs would be on mine because I would if this if this split is allowed I I will sell my home to my daughter oh that's right yeah and then their septic on that's getting them yeah is that a problem Peter it's not the most ideal situation but it's not uncommon either to have septics encroaching on other properties what they would need to do as part of the subdivision requirement would be to get an easement written up for the existence of the septic system and then usually what they do is they put in language at the end of the septic system's life it needs to be move you know vacated so uh we see it a lot in like in the Lakeshore District maybe not quite on Pelican but I know in some of those ones that I worked with there's a bunch of them up on like Manhattan point just because of the lot lines had never been surveyed years ago and stuff so yeah they it'd be fine they could write up an easement not ideal you know but definitely something that's not unheard of so it's an easement not a variance exactly it's just an easement to say this this septic system gets to occupy this property for you know this dimension of the of the property and and then when the septic system is needs to be replaced then that's when the easement and the permission to have the septic system is extinguished or goes away so yeah it would just be a uh just a not temporary easement but for the longevity of the septic system you know and we've seen other like conversely in other areas too and people when they have like really small lake lots we've seen people purchase easements on other people's properties to put a septic system in like perhaps on like the North End of Lake maax I know this isn't in Breezy Point but just to think you know there's some really nice houses on that on the NorthShore but that land is so thin there they actually purchase easement from Farmers that own property like quite a ways away and they pump their septic all the way up there but yeah she would be able to do it it would be at her cost though to have the uh have an attorney draft up the easement for it so and if they're going to reone it would just be this lot not the whole urban area right correct their application is in front of us today is just for the legal description on what's specific to the basically that triangular piece of property that's more or less 10 acres all right [Music] any more Roger any questions no all right thank you thank you all right at this time if there's anyone here that would like to give their public input you're more than welcome to approach the podium state your name and address and share with us your opinion on this particular request all 6944 n my wife and I have 12.6 Acres of border the land in question we've owned it for 12 years Sarah's been an excellent neighbor he was kind enough to come over and talk to me about this ahead of time and so um I have no problem with it that piece of land doesn't quite make the 10 ACR I part of that 12.6 right across the road which her land um how would I say that doesn't cross the road but it would be um the road that goes up the hill on anyway she I would be willing to sell that acre and 3/4 to them if they needed the additional land and that land Little Triangle the our land so um like I said she's been a great neighbor never had a single problem our land has been surveyed and it is laid out so there's no mistaking where the quar is and so I personally I'm in favor of you doing I do have uh request though I we have a number of lots uh around in our area there F five acre lots we also have one that borders my property with like two acres now I don't know how that transpired that house has been there for a while but it's not a real old home so it's my my desire that you don't go uh don't make Lots less than 5 acres in that area it's a beautiful area we love it we have tons of Wildlife and uh so we don't need a somebody buying two acres land and put the grocery store up Qui stuff I know it probably would never happen but you just don't know anymore so anyway I'm I'm very much in favor of you letting heride that land up you have any question for me no thank you my name is John McGee 6884 nickel Road I need to hold this oh my name is John McGee 6884 nickel Road I live right next door to Gary and one door down from uh from Sarah um I wasn't really going to say anything tonight but I'm not going to miss any opportunity to be in front of the zoning commission and celebrate the fact that there's about 50 acres it's not talked about very much that I feel is a real natural resource asset to Breezy Point and that includes four owners five really um and it's an asset to the community in a way that's not really talked about very much but the ashown forest school is uh uses that acreage most of it or or half of it for its um natural natural nature study and so too does Eagle View Elementary use that property um it is it's got a wonderful Title by your definition it's called what reserves what's it called Urban Reserve which is which is a is a dark green on the map that I just got today from Peter um there's not a lot of dark green in uh Breezy Point anymore and this particular piece of dark green has an unbelievable stand of Norway Pine like none other I don't think in grro County um so I'm kind of glad it's not talked about very much but it is right across the street from what is already uh zoned as commercial so I'm not going to miss any opportunity to celebrate the fact that that property is there and the wildlife is there but I will say on behalf of uh um Sarah and the way she has from my experience she and the way she feels and thinks about nature is very compatible with what's going on there and uh I if she's got five acres or divided 10 acres into 5 acre plots is not going to make any difference butterflies are still going to be there the porcupines are still there everything's still there because of the way and the values that she has so I just want to be with you for a minute and say that it's really a nice piece of property 50 acres really owned by five different people and all of the same values and I I hope we we will continue if we split off into five acre plots or whatever I hope that we never lose that property as a as a natural resource to the community any questions for me me no thank you thank you can I address him is um he talked to me about this before and I said I like to hun on my land bow hunting now we've had a ton of deer and a couple of them definitely had chronic wasting and if you don't Harvest those deer you're going to have a problem and so I would like to be able to have I don't care what you name it but I would like to have the right to archery on on my land um and I feel strong about that and I don't know if you people are aware can I walk up to that map a minute this area this area is open to Firearms now that it's time now that that ought to be closed and the reason is there's homes there and most people don't know that that's open the Firearms but it is so that's something you people might want to consider closing I be I just won't hun on it because of the homes around there and stuff but I am an archery Hunter and I would like to be able to when I sell my place which is probably in four or five years a lot of older guys like me um uh have trouble finding places to hunt and this is an area you can just go out your back door and Hunt without disturbing anybody so whatever you do with the land I would love the privilege to be able to hunt on it thanks thank you hello uh my name is Michael Bergstrom I live at 30862 rasmuson Road and peat this is my family family in the back row uh discussing this project um one thing if if I could ask for you guys to consider the the issue of the survey we did have Pat out even prior to go taking up any of Peter's time you know tried to make sure we're trying to just be fiscally responsible in this deal and kind of aware of the time constraints I've got you know like a lot of us up here I've got a small window of opportunity when I'm kind of available in the winter you know in the spring and then we get busy if you guys decide to push this to another month that we get the survey and then come back and then you guys can do your deal and then shove it up the road or whatever happens that kind kind of pushes us back months I be wondering if you guys would be willing to prove it contingent that we have a survey completed by Patra AUD here you guys have all worked for and then it's that way we got the stuff's in the works so we're not getting clogged up and waiting another month and then we're a couple more months behind that's my only request thanks thank you my name's Kenzie SSH I live at 4497 Bucksnort Drive in Emily um I want to live at my mom's house I've always wanted to live at my mom's house prior to them owning or prior to my mom owning that property we actually lived like down the road on nickel Wood Circle so I grew up in this neighborhood it's really important to me I um I really want the opportunity to raise my kids there next to my mom um so yeah I just thought that I would let you guys know thank you any other public input all right then we are going to close the public input um there isn't really a findings review on this it's more of a discussion so we're going to close a public hearing and do a a um commission discussion over whether we want to recommend this or not so Peter I have a question for you if we to the point that was made um if we want to recommend this to council to rezone uh is there a way to do that legally to make it contingent upon the survey but allow it to go directly to city council assuming that the survey comes back that it's appropriate um for 5 Acres yeah there is you know the um it it just would be as simple as if they don't hit the 10 acres then they're out of luck you know with that and that's just on them I just wanted to make that you know comment clear for just so they don't come back and try to blame the board that this was approved or whatever that everybody knows that there still kind of is a question mark I would say 75% it probably is over 10 makers but the surveyor did I did talk to the surveyor he said it it it it's will be close you so but yeah if they you so they'll need the survey before they hit the city council's desk so so we could just put a time frame make sure the survey is done and reported before it hits city council for the next meeting okay can they get a survey that quick huh oh okay all right does anyone have concerns or questions on the resoning request no do we have anyone willing to make a motion one way or the other we have to make a motion or a motion to rezone or not a recommendation I guess I'll make a motion to recommend it to the city council for the reapprovals as it sits now is 10 acres or more so that both Lots will be 5 acres do we have a second second all in favor say I I I any opposed motion to recommend to city council it has been approved all right next item on the agenda is the conditional use application for marine ARA C 25001 Breezy Point International Inc located at 9252 Breezy Point Drive we'll start with a staff review by Peter Madam chair members of the commission application c2501 Breezy Point International is Resort commercially zoned property the applicant has filed the appropriate application for a conditional use request the applicant has paid the appropriate fee for the application public notice of the hearing was published in the legal newspaper and all Property Owners within 350 ft were mailed a notice of the hearing public notice was given to the DNR VI via email for comment and the conditional use request is for a 30 slip Marina summary of the property includes Lots 1 through 26 the 21st edition of breezy points estate is located within the campus of the Breezy Point Resort with Frontage along the Breezy Channel Waterway the property and adjacent properties were ploted Lots in 1964 with typically 50 ft of Frontage per lot on the channel the zoning classification for the property is Resort commercial this zoning classification exists to facilitate much of the operations associated with Resorts related to land with with Resort related land use activities much of the Json properties are also owned by The Resort on the project side of the channel the properties across the channel in the road are in the residential zoning class there are additional docking and moing areas that exist within the channel That service several Residential Properties and condos towards the end of the channel this area was excavated many years ago prior to the Shoreland regulations and there has been historic dredging and maintenance related permits and activities over the years as you can see in the packets and in the DNR water permits the applicant met with the zoning administrator for pre-application meeting to present their plans the site topography access to parking and access to the channel appear to be suitable for the proposed use and seems to be consistent with the comprehens comprehensive land use plan for the commercial Resort commercial zoning District which encourages development in areas with this zoning classification the resort commercial zoning is allowed as a conditional use permit per land use ordinance section 15364 based on the information presented at the time staff recommends approval for the application for the conditional use permit request and there is an attached 11 list of conditions that were submitted to the Planning Commission as part of their packets I'll read those in right now these are just potential conditions just recommended uh the commission obviously is free to uh choose any conditions or choose no conditions or create conditions you feel necessary to protect the health and safety of uh the Breezy Point population and the environmental factors on site maximum 30 moing spaces is a potential condition no additional docks or moing spaces may be placed on Lots 1 through 26 21st edition of the Breezy points estate three condition protect the existing veget vegetation in a 100t strip along Breezy Point channel on that said side of the Lots 1 through 26 no vegetation or land improvements allowed within 100 ft of the strip number four condition no additional excavation to increase the size of the marina perimeter number five condition security lighting must be downward lighted number six condition provide one parking space per moing site which is specific to condition number one at the 30 moing space cap and then condition number seven consolidate Lots 1 through 26 into one parcel tax parcel and condition number eight plantings of trees and shrubs between the marina and parking for storm water condition number nine native grass planting between the Marina and the parking and the exposed areas not to be regularly mowed however this area will be allowed to be cleaned up and maintained annually number 10 condition 3 to 4ot wide walkways between the marina boardwalk and the parking and condition number 11 golf carts ATVs and other such similar vehicles are not permitted on the walkways or the board walks that concludes the staff report if you have any questions on that sir certainly let me know um moving through the packet uh the DNR comment was in everybody's packet if you'd like to read me to read that into record I certainly can or if you've read that for yourself and are good with that I'm I'm good with that as well too just let me know so Peter just to kind of sum up my own understanding of this um as it sits without changing it to Marina um the 30 morning space St spaces would be allowed under current regulation they're simply asking for rezoning to Marina um for certain permitting use um rental use commercial use that type of thing but if we didn't approve this they could still move forward with the 30 moing spaces as the property exists today with the current zoning that's correct so we're really not debating whether that piece should be there it's whether it should be coded as a marina and um what that all entails correct yes the commission would be wanting to look at everything landward and the uses associated with a marina on the land you know whether there'd be like bulk fuel sto storage you know or any type of buildings or amenities associated with that and the other thing I've just been kind of coming up with different questions um we're regulating the land use I know there were some PE some question over like has the DNR looked at this from a you know um Waterway use and according to what you just had put in they've already submitted and approved it for they've reviewed any potential concerns or anything about having a commercial use on this piece of property for moin stations correct the DNR has issued an active permit for this and I believe it's um the applicant can speak to this as well too but I think they renewed the permit to continue but yeah the permit was approved in 2022 okay does anyone have any other questions or need more time all right the work is pretty much done Peter so uh it's but it's not so they can have what they've already created it's just do we allow them to rent it as a commercial piece or they I think that's all we're approving I just whether it's a harbor Marina right but we could limit the number we could change the number to 10 20 or or if we don't then they can do 30 under the current ordinance right true that's kind of where I went around going really this is just us saying do we want them to be able to have the commercial use of it right um outside of what they currently have because they can do what they they've already proposed all right all right then we will move along to having the applicant approach the podium state your name address and just review the application and request with us M chair members of the Planning Commission public uh my name is David Lander I live at 7374 Fairway Lane Breezy Point Minnesota and I'm here um today representing Breezy Point International in the request for the cup so um historically and and maybe just to jump right into the first question that the chair had was is that if we were not asking this to be classified as a marina we would not be here at all so all the conditions that you've read in here if if you chose to not name it a marina we don't need a cup for this as a harbor as it's currently laid out and being could be used we the reason for the cup is to classify it as a Marina and the reason it's being classified as a marina is that um in 1984 and five when the high Village project was approved by the city and the DNR MH um I'm not sure the definitions of Harbor and Marina were that clear and since then they've the DNR has cleared them up and I know that I put some of the definitions in your packets whereas the harbor is a place to more boats um I suppose it was assumed that the harbor was for just a residential piece of property like you might see on maax or you might see it on leech or some of the other Lakes were individuals that actually have their own private Harbors um this development the high Village Development had the Marina as part of their approval and at that point in time in 1985 the DNR did Issue a permit to dredge that Harbor and around that same period of time the harbor was a portion of the harbor was dredged it wasn't completely complet it but it was so in 1922 we decided the resort decided that they wanted to pursue cleaning it out um to accommodate the dock system that you see in there now so it's and and that permit would last till the spring of 2026 I believe or the fall of 2026 so it was like a fiveyear time span the question of whether it's a harbor or Marina didn't come up in the DNR discussions it was still um V viewed by them as the harbor that was approved at the high Village um but the approvals went through in both cases in the 1985 and in the 2022 permit timelines the fisheries and there was a there was a like a 45 day review of all Department staff at the DNR as well as City at that time and in fact in 1984 and five there was an eaw done on the property for the development of high Village the point plus a lot of ancillary properties out there so there's been a lot of studies and things done um that had allowed this to be permitted back in that time period so in 2022 it was stretched out partially um due to the excavator's equipment they weren't able to get into the whole Harbor they also ran into some very large pieces of concrete which we're not sure where they came from or how they ended up in that particular area but they did um so this year in 2024 last year in 2024 um we uh came to the city got a permit to build the driveway and parking area that exists out there now later in the fall we built the dock system had the Marina drudged out to fit the dock system and uh at that time again more concrete was pulled out it the shape changed a little bit because of the concrete that was discovered along the shorelines and in the middle of the the harbor so the DNR um we approached the DNR and explained to them what the use of the harbor was and then they came back and said if you're going to use it as a marina um the ancillary uses of a marine and the definition is renting out the spaces so the 30 slips that are out there the intention is to rent those out to individual uals that might own a campsite in Breezy Point might own a piece of property that's not associated with Lakeshore might own Lakes Shore um but want to have it in a protected Harbor and so the intention was is to to um be able to rent that out again if we weren't here asking for Marina the resort um could use it just as it is right now and let their weekly daily folks use this just like they do on the Marine on the lake side um and it could become you know in my opinion much more utilized than if somebody just Parks their pontoon out there and uses it on weekends or couple times a year even and to that extent so um in that being said the um I think we we submitted different plans to you and one was sort of an overall view of the high Village property that show the marina and then we zoomed in on another plan that um addressed how the parking and um uh street through their work and then uh lastly and due to the DNR comments the DNR did uh as you know submit comments they had um I believe four five different um comments that they had for you to consider most of them of which are already addressed in the comments that Peter has laid out for you the one that was not addressed um clearly was the that there be a storm water management plan to handle a 1-inch rain event um of which we have we have prepared another drawing to show that I don't know Peter did you bring copies for the Planning Commission I just hand them out okay which essentially um that plan just shows that between the parking and the marina the uh there'd be some swailes sort of depressions built in there and they would be planted with that native grasses and so forth and shrubs and trees but depression so that water coming off of the parking sidewalks would then be captured in those before they would run towards any of the lake it's really flat in there and so it was just a way to offset that potential if storm water did did come through there now those were sized um in accordance with that one in Rain event and between the two of them they're almost twice as large as what would be required based on the calculations so we're just trying to encourage or develop that property that would allow that storm water to capture those infiltration areas before they they went to the lake um in the conditions that Peter read to you the one condition was 3 to four um foot sidewalks it's three 4ot sidewalks and I think the DNR spelled that out fairly clearly as well um so again I think that the reason we're here is because the classification or the definition of Harbor does not allow us to rent the slips out for like a longterm seasonal rental and so we're here to change the definition of from Harbor what it's called as Harbor to Marina and that's Madam shair quick question David before we move on to other things um so if the rentals were daily that would not fit the definition of Marina Harbor well if they're Resort guests if they are using Resort properties that the resort manages and they are rented through their H housing and right thing we would not be here because we just be part of a guest experience I guess you'd call it okay or guest use um and that would be just an allowed use without imposing any of these conditions we we wouldn't have to come we wouldn't have to be in front of you for conditional use permit it's the minute we jump into the definition of Marina that it um triggers us to come in for a c i find that interesting I well I'm trying to understand the reason part part of it is is the harbor was already approved in 1984 okay so it was part of a it was part of a planning a development in a conditional use permit at that time that allowed that Harbor to be built and utilized um with that particular development so was already approved it's already been an approved Harbor um but the difference between what was approved um in accordance with the dnr's comments what was approved for the high Village project and what renting it out to um other folks you know that might not have Resort managed properties um kind of triggered the marina definition and so forth because that becomes then again by Def def both in dnr's definition as well as state statutes it's it's an an ancillary use so does that help it does help I'm I still find it interesting but uh you know I I I do as well I mean okay I I wouldn't I wouldn't have thought that we would have been here having this discussion at all because it just seemed like things had progressed along until we mentioned that we know that we were going to be renting these and then the DNR said well that's a change of terminology then from a harbor to a Marina and that's kind of what I was going for at the beginning too it's like we're really not debating any of the plan or even the use per se CU it's going to be used it's just is it going to be rented or used by Resort guests in that kind of current sense of probably some of the other boat slips that you have on yeah you know the Lakeside so sure yeah yeah we can flip the uses and and make it more you know congested down there where people would be you know I mean when people come up for a week stay or a weekend stay they're busy I mean they're on the lake and they're going to use it as hard as they can and I was yeah I would suspect that would have a higher impact on the lake right and so they were just you know they do rent slips in the marina they have on the lake now I mean on the lake side where the launching facility is they do have slips there that they rent out so I think the goal was is to kind of transfer some of that into here and so they would have more use for their normal Resort guests on the other end the other interesting thing this was 40 years ago this was approved you know that's kind of what's got me shocked it's like all Senor resurrects and it's okay I guess well I mean it's interesting yeah I I I don't histor I mean I don't have the historical details I it's but this actually was challenged by the city back in um I don't know about 10 years ago and there was actually some private individuals that challenged it that challenged a and it was there was a lawsuit um between the developer and this private parties developer in city were named in a lawsuit and the judge declared that the high Village PUD stood and was you know still in operation as long as you know they continue to make improvements to it and this was one of those pieces is the harbor and Marina so and with this because it's owned by Reser property you're maintaining it you're doing all the work to make sure it's meeting yeah I mean we don't start doing you know then to kind of be called to the table after the fact I guess I mean it seems like it's after the fact right we built it you know it was built we improved it we added the docks and everybody's like how did that happen and you know it's something that just you know has occurred over time but again back in 2022 which wasn't that long ago right is when the permit was extended by the DNR to finish it um and and that's kind of where we were at with the DNR again the difference between the actual physical view of it and the plans that have taken place out there isn't the fact that it's there and how it was constructed it's the use the use between the resort rentals versus uh a marina being you know long-term rentals seasonal so David it's state law that puts the city in the position puts us in the position of dealing with this as conditional use not not any City Zoning well your city's zoning does as Peter indicated say that in the resort commercial marinas are allowed um and there is a definition in your ordinance about what a marina is um there isn't a definition of a harbor which is interesting but again there's a state statute definition and then the DNR has you know developed their own information about marinas and harbors and how they regulate them so forth so but I guess pretty much I don't know if Peter and I were um moving forward without this I'm not sure that we probably would have had that consideration had the DNR steep forward and said hey wait a minute you understand the difference in definition and so I to your point I think yeah we wouldn't probably be here if the DNR hadn't you know knocked on our door and and uh and had us explain to them what it is is so does anyone have more questions at this time for David all right thank you and then we will move along to public input so if anyone in the audience would like to come into the podium please state your name and address and share your input I'm Scott groupa I live at 3001 Channel Heights and I understand that nothing can be changed as far as the number of the slips and how the slips will be used as far as Resort use it is a huge ask to change that from a harbor to a marina because now you're opening it up to uh rentals what kind of people are going to be renting there are they going to have gas stocks down there it Marina is way different than a harbor and I don't think that we have a full scope here today on what a marina is versus a harbor none of that is spelled out this versus this and it's going to have a huge impact on the channel the boats going in and out and even going out onto the main Lake from from the bay the uh it in a marina you can have a boat and you can stay overnight in that boat they didn't address that is are they going to allow that I mean there's there's places on go that used to have that and then they went by and canned that because it was too much of a problem I mean it's voters love to drink and it's going to it's to go on all night long there um when I first saw the marina going in a neighbor had told me that that they were doing that because there's going to be uh townhouse owners that when they buy their townhouse they're going to get a slip and I thought well that's not a bad idea you know it makes sense but this is a whole different scenario than that I mean these people that are going to be renting these slips they don't have a place to stay they're not staying at the resort they're staying at their boat and that's why they're going to rent it um there's nothing saying that the renter uh um has to be associated with a Breezy Point in any way because he did mention that well it could be a campground owner that might buy it well okay then let's make it a campground owner can rent it but not an outside person you know it's a big difference somewhere to stay versus nowhere to stay I'm going to pause and let somebody else talk at this point but I'm reserved the right to come back I'm Bill let go I live an 8890 Breezy Point Drive I I uh I'm here um representing 38 owners of walheim it's a condo on the channel of Breezy Point or of the channel we're talking about and I second what Scott just talked about as far as it being a rental um when this was approved back years ago it was the high Village time share and the people that owned a time share at high Village they were going to build this Harbor so that when you owned a week of time share you could have a bolt sliff that went with it that's how it was origin Al platted now they're changing it to say okay now this could be a money maker for Breezy Point we could do it as a Marina and we could have Joe Schmo that lives in peat rent a slip as a Marina and stay overnight in their boat if they want if they get a little too drunk well it's too far to drive home I'll just get a I get a bowl of the cuy I can just stay it in my boat also we're concerned about the traffic in the channel when they dredge just Harbor Harbor out they took out about six to eight feet of silt and they put it up in the lot of breeon up by the clinic that dropped our water level about 2 feet in the channel we have floating docks that are now sitting on rocks we hope that that water come back we've contacted Jim guda and spoke with him and we've also talked with the he told us to uh talk to Jacob fry who is a hydrologist about this water level and how we're going to go about um getting that water level back up we also are concerned about the RightWay of the boat traffic going in and out of underneath the CH underneath the bridge and who's going to have the right away and if there's any anything in sight with a big uh having a mirror or something so that we don't have accidents underneath that bridge um but I'm totally the people of walheim are against it being rented out Marina we we're okay with it being Harbor but uh Marina is going to cause problems in our in our view thanks thank you is there anyone else that wants to share Madam chair I have a written notice there somebody that couldn't make it to the meeting so I'll read their comment in record for for them now if that's all right Corey and Don Claren dear members of the city of Breezy Point Planning Commission and board of adjustment we don't have any issues with the proposed Marina itself our big concern however is with the increased motorized traffic using the dirt path shortcut that goes from the resort to the residential neighborhood on Breezy Point Drive the proposed Marina parking lot empties into this path and will likely cause a shortcut to be even used more by renters and their guests in the past this path was mainly used by pedestrians to access the resort or for the resort visitors to access the neighborhood sidewalk however last summer the resort improved the path by making it wider flatter and trimming up trees and compacting the gravel this path is no longer the secret shortcut that it used to be and instead has become a much more widely used by trucks cars SUVs ATVs and golf carts our driveway is directly across from this path and because we have a front row View we have watched this intersection become more dangerous this past summer for pedestrians and motorized traffic alike we've seen pedestrians scramble to get out of the way of ATVs using the path as their off-road experience we are concerned about a serious accident occurring at this intersection by improving the path and making it more accessible to motorized traffic there are simply Too Many Roads awkwardly converging in this one spot on Breezy Point Drive the problem is even worse because this spot is in the middle of a long sweeping outside curve of the road in this one location there's traffic coming from the West on Breezy Point Drive traffic on the east from Breezy Point Drive traffic from cross street and now traffic from the gravel road to the resort and also our driveway it is very difficult to attempt to back out of our driveway especially in the summer months while trying to watch all these awkward directions for cars people ATVs golf carts bicycles etc for multiple safety reasons we urge the city to require that something be done with the Gravel Road the options below are in order of safety and preference number one move the path so that empties onto cross street and also makes it pedestrian and also make it pedestrian only two move the path so that empties onto cross street but still allow motorized traffic three leave the path where it is but make it pedestrian only one of these approaches would seem like a reasonable compromise that will not hinder the resorts intended use of the marina yet will go a long way to making this intersection of roads and drive way safer for everyone this shortcut is not needed for motorized traffic there are other existing public roads that can accommodate this traffic without causing a burden furthermore we think that the resort would actually benefit by directly by directing and keeping traffic through the resort guests are more likely to impulsively stop in at Dockside or other Resort amenities to spend their money if they have to travel through the resort rather than bypass it all together by utilizing Breezy Point Drive and this dirt path in and out see attached photos for more context I thank you all for your time and consideration in this request sincerely Corey and Don Claren 9039 Breezy Point Drive I will pass this around to the board members uh so you can see their illustration in the packet and if you want to read the comment if I went over it too fast and that's it for written in public comment for the application Colette chesner 8868 Breezy Point Drive we are uh worried about the number of docks being um going to be rented out there's such a safety issue coming out onto uh the bay it's a blind Corner going under the bridge there's so many times where boats are head-to-head coming in going out and it's only one lane well we had a boating accident in front of our house the sheriff came flying down the channel an ambulance came and there was no way anybody was going to go no wake there's no wake through that 20 minutes from our house out to the bay and um just adding 30 more boats into the existing 60 plus of the residents living there is really going to make a burden on especially on weekends when people are coming and they don't know how to use that channel they're going to go under the bridge and their top on their pontoon is going to break off because I've seen that four times and um first of all they aren't even going to know how to get into the channel going through the red and green it's kind of a a puzzle trying to find their way in if they're coming from the resort but just mainly about the safety as far as the number of docks and um mirrors or signage of some kind Lee can you add to this you lived on the channel and know yeah yeah I mean it's it's a big concern um people coming in there you know maybe I don't know who responsibility would be whether it be the city or the resort or maybe both maybe put up some signage or maybe like you said some big mirrors or something you know we're open for suggestions I want to just iterate the what he was reading about that road coming off a Breezy Point Drive If This Were a harbor people would be coming from the high Village area the resort area and they'd be coming in from that direction they wouldn't be using that road across the street from this person's driveway if it was a marina chance are that dzy Point Drive would be busier because people are going to come in the back side of that and that's another reason why we'd like to keep it designated as a harbor versus a marina Peter I have a question for you on the definition between Harbor and Marina since that's come up a bit is there any difference in one or the other if people can spend their night on their boat there is not like currently right now somebody could park a house boat at the end of their residential Dock and and have their entire family camp in that you know um the you know and not that that's news that the public wants to hear but it is a fact um that's their property and and then even in the uh DNR packet that's in there too the DNR they they talk about how moing spaces aren't even limited for residential lots which is interesting well as well too you know um sometimes I think this is this is very factual it's um there's many lakes where so many Lots you see these giant un residential lots these things tear off into the lake you know yet in when it comes to zoning and marinas there's a strange relationship there where I don't know if it's like the state trying to push it on cities and counties to manage that because nobody wants to because because of the comments that we hear and then on the flip side you know cities and counties going it's public Waters we have no jurisdiction here so it creates a really strange situation and you know um in Shoreland management or the way cities and counties can capture it is when somebody provides like a new PUD or a new subdivision where you're like hey we have 10 Lots you get 10 slips because you only have 10 Lots on the lake that's it so you get 10 and it's to prevent people from having these back lots that have access to the legs so what would kind of makes it a little bit a little bit more complicated as well too is there's Marina as you pointed out is the commercial use of the property which is allowed in the ordinance and then and then people talk about moing spaces you know we don't have moing space definitions in our ordinance to my knowledge and I think that's kind of a wise thing because I think the city of Breezy Point would be best suited not to get into managing that you know unless they were to like to try to incorporate property on the lake or actually incorporate a district out into the lake you know and and I don't it sometimes helps me to think of things in more extreme directions when you get into some I know we're not in Florida but when you get into Planning and Zoning in different Florida areas they have they had literally house boats with cities pulling up in front of their houses and they that they're called like living on the hook or whatever it's called and cities put their um boundary out into the water they don't own the water but they put their City boundary out there so then they could manage that use because they actually want their people spending money in the harbor and not living for free on an anchor you know than just coming into town to use their you know that was kind of an interesting Shoreland review we looked at one time but so yeah there's definitely a level of complexity to this and I'm not endorsing you know the the Breezy Point Resorts request and I'm certainly not endorsing you know the you know um viewpoints against their request as well so so from that angle to um you know I'm just kind of looking at it from all different sides so if we said no to this and the resorts okay well we'll just include it as part of our Resort package what I keep landing on is then you could have a lot of use because it could be anybody at the resort coming in and parking and going and there's no regulation where if it's rented to somebody seasonally it's one person or one family utilizing that dock so there's probably less traffic um going back and forth than just keeping it open for anybody at staying at the resort to dock their boat there and you know go back forth or so forth um I I agree with that but um I was going to say David now was that the intent is going to be a year lease or is it I mean uh I'm sure let me just maybe make some additional comments to some of the comments that came up in in go to that so the the goal is is to have them be seasonal leases so when the season starts when the lake is open and boats can be launched if the person's people choose to park you know to rent a slip rent I'm going to say lease a slip for the season um they would be designated a specific slip a specific parking place and that's what they would be entitled to use um there's going to be some lights out there and some cameras to you know kind of make sure it's secure they way to come into it both on the um north side and then the or the west side and the east side where the driveway comes through now both will have Gates that are mechanically um open where they're private so that the only people that are going to be able to go in there are the people that have the rights to those leases so you would have like a key fob or a card that would open the gate you drive through it the gate would shut and it wouldn't be continuous traffic in and out of there um what are the cameras do do you I I don't know do you have more cameras than I mean the cameras are there in case I guess to to um you know it's in an area or even like on the resort they have cameras so if there's vandals at night or whatever the case might be you you have a recorded okay docent so you don't have a station where this guy sits and watches a camera no no it would be just yeah they would be just there in case an event did occur we could at least go back and and try to capture what happened um there's no intention to add any additional ancillary services to the marina no gas no out buildings anything like that it would be strictly the dock system that's out there in the parking you already have gas so so if that needed to be um you know a condition that they not be included that's that would be perfectly fine it what was that satellite restrooms uh we well we haven't really talked about that but I mean that would be something that would be a not a permanent structure it'd be no different than being on the golf course um so we're not looking to add any ancillary surfaces to it as far as the road going out to the um what street were they talking about this a little gravel thing here yeah know here again that road was laid out and like like they said maybe it had overgrown with tree branches and whatnot over the years but that road was laid out and constructed back in the 80s as well and while it's been used as a shortcut as they've say I mean you can drive vehicles have driven down there fishermen have driven down there four-wheelers golf carts have continually used it so it's sort of you know in my mind it's as much of a protection of property if there's ever some kind of a tragedy that would happen in the in the city whether it be a tornado or fires or whatever it could be that there's another axess to get out of that the main guts of the resort the other roads going up and through the resort I mean the oneway streets up on the top of the hill and then down by the lake I mean sure they're there but it's complicated to get through there and if that's where the event is occurring then it makes no sense this provides another outlet that being said you know we're going to have the street coming in is going to be one way when we hit that Junction of where that trail is we're going to have an arrow sign directing traffic into the resort much as what the people said I mean we want people in the resort that's the whole point to this is to use our facilities so um does it mean they can't turn right I'm sure they can turn right but the encouragement is to go left with the arrow be pointing to the left um if there's some reason that that road is simply a a problem we don't we don't have a problem with discontinuing it um to a private road right it's it's on our property it's you know it's not platted it's it just happens to be there it's our it's our own our own Road um I don't have a problem with saying they can't stay overnight I mean we aren't looking to have the renters here you know typically what we're going to see as renters as pontoons people with pontoons I mean that's we don't have the facilities for a huge house boat that's going to that's going to come in there it's going to be mainly we mainly believe it's going to be pontoons that's what we rent on the on the the lak side um so we don't have a problem with you know the no overnight stay no gas no buildings um that isn't an issue that and and as far as the use goes I mean you kind of hit it on the head if that becomes just if we continue to use it as uh whether it's high Village people using it whether it's Resort guests using it other time share owners using it that puts that's going to put more use on that channel than it would if it was if they're leased to individuals there's 30 more people that would not might not be there no there's 30 more people that will be there and if it's a marina it be 30 people that don't live around here using it if it's a harbor it'll be people that are staying the weekend there and they're going to be for as long as the Lake's open so that's someone new every week you get someone new in there or you someone there year round there only 30 additional bullets that bad and for all day then we would encourage you to put restrictions on not having living quarters on the boat or sleeping quarters on the boat limit have a thing that you can only rent it to a pontoon without a or without a c e or have some limitations and make that a part of it being the Marine as it sits today I've never seen it can that type of Bolt maneuver in there yes they dug it out 8T but there's a lot of boat I they get under the bridge I don't know 150 truck a Sil Breezy Point Drive I said and to me that's a point cuz this was approved in 1984 so I don't really care that they drudged out you can't come to us and talk about that you got to go back in time and talk to our predecessors or whoever was here that's we can't do anything about them dredging it we can't do anything and they putting it in that's besides the point correct yeah okay well my point is is if there's a house B can it get in there and Dock and turn around and get back out can't get under the bridge but but it can't get under the bridge C yes it can yeah we have we had a guyy lived at wal had a 22 foot C ra with a cut underneath it came all the time that only question again I I I don't know that I want to specifically eliminate the fact that I can't have a certain kind of boat type out there but we can certainly eliminate the fact that there's no overnight stay I mean I right we're we're not we're not talking about people that are going to stay there like it's a campground and use it we don't have the facilities for it we don't have sewer we don't have water we don't have any of those things so um we we don't need that you could put a condition in there that that's not permitted you could put a condition in there that we're not um having gas and um you know maintenance boat maintenance stuff going on there you know that's not what this is intended for we have those facilities on the lake side if they need that they can take their boat around and come get fuel where the fuel's allowed right David I have a question for you um because we have a case that we can actually use as a real life example on the other side are there people sleeping in those boats that are on the the the current Bay Side or you know the resort side I mean is that has that been an issue where people are docking house boats and spending the night there not that I'm aware of because they're renting a unit at Breezy Point no they are there's a lot of people that I mean seasonal they do over 30 seasonal up on that end so and most of the people there are residents within the city of Breezy Point somewhere in the city not on the lake but in the city and and they do a a lease there for the season most of them are pontoons if you go out there and you look look at that Harbor and you just look into it that's next to the boat dock right or boat launch not only do they have the the resort rental pontoons which is our one dock all the other ones are generally pontoons as well you don't have power you're not putting power down here you there'll be power to put lights oh but for people to plug in their okay the the overnight thing is a big thing because that'll discourage if you say there'll be no overnight staying there that'll discourage someone that lives in Minneapolis and says I'll rent that boat in that Marina and I'll go up there for the weekend and I'll just sleep on my boat if there's old no overnights then it it it it lessens the fact that it's Marine yeah I mean I there'd be no over I mean again here I the resort sells sleeping units so I mean their preference would be you rent it from Min talk or Minneapolis but then come stay at the resort but just like right now in the winter people come up with their ice fish in place and they love Breezy Point because they can stay on the lake for free and go on the bar it's the same thing yeah well we're we don't have intentions to create a marina that there's overnight stay so from your perspective if we added that as a condition that wouldn't be something that you'd be that would be something you'd be agreable to if we said hey just post a sign and and maintain making that a not overnight thing yeah that would be fine I have to agree with you Marcy if you do have long-term renters they typically are better boers these weekenders they rent their wakeboard boats and you know come up for the weekend don't know how to drive boat and I don't want to see 30 people but we 30 pontoons but I don't I it's already built and I think to that point of if I have 30 people that are that's their customary out they're going to be more knowledgeable about the traffic situations versus 30 people new every week um they're just learning what's going on and probably have a lot less disrespect well Pelican Lakes Conservation Club puts out the buoys right yes so couldn't we talk to them about putting like a one-way sign up on a buoy yeah we talking about some of the people at walhe talking about even before this became a thing is doing a red light green light type thing because we've seen so many people come Head to Head underneath the chapel Bridge it's crazy and it's not wide enough for two especially if they're not good boers to get by each other so they got to do something with a mirror they got to do something with the red light green light or they got to do and then also people are expressing people that I know all that live on L Bay are expressing the fact that there's going to be a lot more traffic coming through moso Bay and the loons and the and the being a no wake zone and all that is a big issue with people that live on mus Bay but which I I get your point I also bring up the point that it's already a done deal so well they've expressed deal about maybe widening the area that you can come in and out of M Bay because that's pretty narrow too I don't would that be Dean who I I don't know who regulates that it's not City no it's not the city I'm just say these guys are asking foral use perm to go from a harbor to me to a Marina and and you're going to approve that then give them some give them some things okay we'll allow it but you need to figure out a system to get Vats in and out safely you need to say no overnight stay you need to do that put some money in other places I think we could get the overnight stay and maybe well I'm sure you'll take care of the erosion some of the some of the DNR pictures look like a lot of erosion coming into Lake just it just was fin the construction was just completed right so I mean we haven't even had a chance for the grass or anything to heal in there so I mean we've got plantings and but they have the resort put up a mirror I don't think we could require that that's kind of a that's in the water WS right that's not a condition for this it would be nice if they would but they don't really we can't request point if that becomes not that it not that it can be a condition because the condition has to be something that ties it to that land but I mean the resort has been willing to help out with many things that go on with the lake I mean even to the standpoint of Pelican Lake Association and right the Conservation Club you know helping them with things so I mean if there was if they had if a mirror had to be bought and put someplace and I'm not even sure I go through that channel myself I don't live on the lake I live a mile away but that's our preferred Lake to be on and we like to come back into the Walden Heim Channel because my grandkids like to see the stuff along the edge and and uhour yeah traffic and so we come back in there and enjoy it as well so um you know I don't know where the I don't know where they're talking about the mirror needs to go but I mean that's a discussion with probably the Conservation Club the lake association between those two and I just think people are coming off the lake at a even though it's no wake from 30t out coming off the lake at a greater speed than the people coming to go out to the lake oh there A lot of times where people come flying underneath that Chapel bridge and you're coming the other way and there's a lot of places where there's no place to go and you can't see them until you're right there so it's kind of a Hing if there was I don't know just I'm getting it I'm having 3 people email me tell me what to ask for so which and you know I get that I like that you're voicing those a lot of that isn't within anything we can control you know or or do anything different with anybody being on the lake but I think the overnight stays are really good point that we can add in there um I like the fact that you know you brought up that there's going to be G and security so it isn't going to be something where there's just going to be random people going in there and thinking it's public space and utilizing it I love that so I think it's going to that is a good point CU you could come into the harbor dock your boat and go up to the restaurant could you yeah and let me you know let me just point I mean a couple I think of real non no you conditions anyone well that's true yeah I had somebody parking my dock last year and come walking up thinking it was a public spot really one one of the conditions that I have in here is that there's no these are 26 individual right lots that are here and we actually had somebody who builds docks come to us and say hey why don't you put a dock across the Wetland on every one of those lots and have you know multiple docks out here plus you got your Harbor which was approved there was nothing in high Village Development that said we couldn't do that um so one of the conditions we've identified in there is that there' be no additional docks on any of this other vacant land lots that are in here the other condition that we put on there that we've agreed to is that the 100 foot strip along here be left as a is that we can't go in there and grade it use it for other development purposes it becomes a a natural buffer area where there's who's to say somebody would think if there is a development in here at some point that they just come in here and manicure this whole thing and it just becomes a huge lawn and um you know trees or vegetation is removed and so everybody has a view of that of that Harbor so I think there's some intention to you know protect what's there not have a additional series of docks making exasperate maybe more of a problem limited to what was approved in the 80s and then again in 2022 and um and kind of leave it at that talk us into it no I will say too that I do like this additional piece that you provided because it gave a lot of extra Insight onto like all of the store water and the vegetation and the things that those are some of the questions that I had so thank you for that right so that that drive that they put in so you're saying it's going to be a oneway are you're going to want people to kind of go up around the water tower and come down the hill is that kind of or you wanting well yeah let me is it limited to 34 spaces or is it well the DNR and the city planner have said it would be 30 right that's what I thought and there's there's more than 30 shown on the map right um but 30 is fine with us because it's unlikely that there will ever be 30 the 30 boats will ever be used all at the same time I mean just because then then they'll Park up the hill if they are right well we I mean we just kind of know the history of how the marina works on the if David spel was here who operates the Marine up there he'll tell you that people will pay money to park their boat there all year all season but and use it a week four times yeah but so that and I'll show the audience this as well but so here's the the hotel sits here and there's a parking gravel parking lot here it would be one way coming in here going out here and then coming back up this way behind I Village behind High Village and right now you if you go up here this is all like boat parking right now yeah create more traffic people coming down that Hill you know I meaning people really be using it at the same time I think it's better as a marina yeah is could you put Ballers where like golf carts or pedestrians could walk that way instead tra com around going out this way right this got really a lot of traffic when they're building this they're bringing their dump trucks we're not going to have trailers in that's ask they put their in they have to Dr tra there's no Landing there either no I mean you can't land a boat there no so yeah what they're saying is the right where that gate is that road that comes down south the people across the street were saying they put it could they they could keep it they could pave it but could they put some ballers in where a truck or a car couldn't go up it only a golf cart or only a walker could go up it and if if these ballards are something where if there's an emergency a truck has to get in there that they can just run them over like they're they're you know they're this springloaded Ballers and then all I would do because I think people are going to come out of there and they're going to come around Breezy Point Drive with their Trail their trailers Dr the boats off and and just more traffic in the neighborhood is what we're Roo for H and they're making the money they're making the money renting them for yeah 30 B steps for a year five grand B step they can you know the only thing I would conter on that is knowing living there that road is so rded I wouldn't I would take I would take the paved it's not now they're going to PVE it it's smooth they had a million dump trucks coming there this it's like concrete they could plow it right now they want is a it's a real that's got a base of a road on that's why the people across that live right across from where comes out are so concerned the headlights in their house I suppose which you can't really it's private property so right well it's their garage it's their back their garage it comes out to their back driver where the garage is all right um but again that road was laid out in the 80s it was built it just happens to be we upgraded it to because we were doing the rest of the work it wasn't the intention that that's the direction Our Guest go I I'm not sure what the right way to collapse it I guess my concern again would be is it does become a um you take away there's the safety part of being able to access different parts of the city and while this isn't a public road it's still does does provide a safety network of getting in and out I do think if it's rented by 30 people versus keeping as a harbor where all the guests and anybody else could potentially use it I think the traffic will be a lot fewer if you have just 30 seasonal people they probably won't be there won't be as much traffic on that road as if it's just available to anybody at the resort to you is then you're going to get a ton of traffic so I think having this as a a marina actually is a good benefit to all of us in the neighborhood I mean I think a couple if you have to it put some you know no like a no do not enter signs you know here so that people coming this way would not you know wouldn't come through I mean put some signage up not maintain the only thing that we is sleep being over night in Arena and putting gas pumps there was another concern the RO coming not was a concern because there' be more traffic on Breezy plane Drive traffic channel which is you guys the four main concerns all right does anyone have any more questions for public input Scott roua um there's good points to both sides right now now they have approval as a harbor I've been in front of this committee before and I've been rejected and I've been rejected because I did not have a hardship when I really did have a hardship I don't see the hardship here it's cash that's not a hardship so to change that from a harbor to a marina you're approving something that has no hardship so I think you're referring to a variance where VAR does require a hardship a resoning does not it's in definition use does not require hardship okay well if you put those conditions in there the overnight the the you know and um I mean it's already built they're not going to it's not going to go away at this point so we're just trying to soften the blow yeah whatever okay all right well we are going to close public input we will move on to findings um and actually I think we've talked through all of this um extensively so um kind of moving with the staff discussion does anyone have additional questions or concerns I know we spent quite a bit of time going through this but is there anything that we haven't reviewed on the findings or different points I'm assuming David you guys will put like no wake signs in your Marina or Harbor whatever you may call that thing once you put a sign out front it's no wake in the channel but just kind of a a reminder reminder this section here yeah yeah we I mean that's pretty easy sign to put out at the entrance going in and out probably both ways so nobody's yeah upgrade signage on that Chapel bridge that says no wake and someone put a sign that says kind of cocky SW that says no say no no Outlet well that's a good idea people but that wouldn't be for this like he says even his family likes to go down just explore a lot of people do that but if they come in mus Bay and they're not familiar to Lake and they see a sign that says no outlet they might not go down to explore they might just continue on You Know M so a nice sign saying no wake no all or whatever might be good on that bridge a nice new sign however that's something we can approve yeah they tried to turn around at that sharp corner hit our they broke our son-in-law's dock across from us yeah so it gets tight down there and there's a little Island at the end of the channel that there's docks on one side and it's I don't even go that way I I try go the other way good so um anything else that we want to add to the pieces that we can have control over anything else in the condition side of things or in the findings what I did add there's 11 here I added um number 12 for no overnight stays 13 for no gas pumps and 14 to add uh no wake signage within the marina itself I would add uh only 30 parking spaces um that actually oh wait it's and then I would also add it does say in that doesn't it oh yeah it does say parking spaces okay so that's in there cross that off but the um trailer storage well the signage to Deer uh people from using that dirt access road and turning right down into the keep them keep them on reserve property yeah so uh number 15 would be to add directional signage which you Private Road whatever it's called on yeah who enforces it the resort to their property like any of these that we run through it's on them to do and if somebody reports it well then you've got the the findings here that support what needs to happen so all right so add directional signage to keep on roadway the private road yeah that dirt I don't doesn't have a name cuz it's private so I don't know what else to call it kills the spawning area all that area was a real important spawning area for the fish so that's not something that we can address here it's it's already a done deal in that sense so that's a DNR in 1984 yeah yeah the kids used to go down there and fish all I wasn't even born you know I'm just saying all right well just to keep this moving forward so we've got 15 findings on here is there anything more that we would want to add in somebody mentioned trailer storage like boat trailer storage I don't know if that's anything I don't even know where you would store it said said park trailers par I don't think no no long that's 30 30 30 spaces it's just going to be a car parking spot you'd never be able to park I would hope that the people that R out spot at the marina would put their boat in the water and bring their trailer to their house or wherever or rent a spot from da spe par their trailing for the year did you have the overnight stay yes yep okay so what I'm going to do is read through the findings um and then we can proceed if there's a motion to be made so the following are recommended conditions number one maximum of 30 moing spaces number two no additional docks or moing spaces may be added on Lots 1 through 26 in the 21st Edition to Breezy Point Estates number three protect existing vegetation in 100t strip along Breezy channel on the channel side of said Lots 1 through 26 no vegetation or land improvements are allowed within that 100t strip number four no additional excavation to increase the size of the marina perimeter number five security lighting must be down lighted six provide one parking spot per Mo moing site which would limit it to 30 consolidate slots 1 through 26 into one tax parcel eight plantings of trees and shrubs between the marina and parking for storm water nine n native grass planting between Marina and parking and exposed areas not to be regularly mowed however this area is to be cleaned up annually um number 10 three 4ot walkways between the marina boardwalk and parking number 11 that golf carts ATVs and certain similar Vehicles aren't permitted on the walkways and boardwalks number 12 that's been added is no overnight stays 13 no gas pumps 14 no wake signage would be added within the marina area and 15 add directional signage to keep uh on roadway anything that I missed what do you think about adding no overnight stays on boats we have that that was number just to clarify it just to clarify it yeah just overnight yeah what stops Peter from we approved this thing in 10 years down the road this Lots one through 26 that are one tax parcel get divided up into 26 more Lots that's a great question um the concession I think the from a zoning perspective the the resorts making here is actually pretty huge okay you know because they could do exactly what he said you know just go right over the Wetland with an approved so um with that condition that they be combined uh what we'll do is we'll require them to combine the deed together with the property so it's just not the tax parcel so it's the deed okay and uh that I think is a real good compromise with the resort versus using those properties it gets them all into that one location right so yeah cuz uh that stuff um if something just for a couple other questions I I'd heard a comment I don't know if you guys want on there if there was any type of discussion on gated entry or not um and then also was there the overnight hours like 10: to 7: or just no overnight just leave it at that I think no overnight sleeping for sure you know I don't have what does that mean just does that mean what if you want to go and sleep there at 2:00 you passed out right and I don't want to put hours on it simply because there are some early risers that want to go fishing at you know night fishing is wal fishing is the best at 2 a.m. overnight I mean that's pretty yeah that's true more Layman they're going have cameras and have signage that you're on camera and might people from sitting on their boat at 2 a.m. parting it up the honest ones yeah and if not I mean you can always report them just like any other resident on the lake who's having a party at 2: a.m. on their dock would they go I think you should add no overnight stays boats and vehicles and vehicles Camp yeah that would Vehicles would capture yeah that's a good idea that way you canfor it yeah I just added that to number 12 cuz you could come in with an RV small one and I'm yeah it's a good idea I might have to lease this spot Madam chair could I get this the comment from the audience is that John mcke I'm just looking at the signin sheet and I want to make sure I get everybody in on this he was in the first one okay all right anything else we want to add I want to keep it moving forward I don't think anything from from my perspective do we have any motions I would make a motion to approve the uh rezoning to Marina with conditions 1 through 15 that we have just stated on record do we have a second I'll second that motion we have a second all in favor say I I any opposed motion has passed I will say I do think you guys though should contact I don't know if it's the sheriff or whoever puts the signs out to increase safety on that bridge cuz that's obviously a major concern for you folks sorry that we can't make that decision for you but I think that they would behoove you guys and especially if you got 38 people emailing and contacting whoever needs to be contacted to get that taken care of [Music] [Laughter] half yeah yeah fix yeah and then you can go fish them out and scrap them Colette you should lead that I do have to laugh though because this lake is probably one of the most dangerous for props and for all kinds of things rocks yeah okay I want to keep it going because I think we are at do we have do is a recording good or do we Okay um so moving on to staff reports we have a February 11th 2005 joint planning meeting um Peter is there anything on there that you want to highlight or briefly share with us there is there's a couple things that have came up uh first I need to let the board know that I've submitted my resignation um just on my staff notice is this an April Fool's joke and it's not April Fool's I know yeah they um um I submitted that into the um city council and City administrator um I have accepted a position with a state agency and will be starting on January 29th it was a very tough decision for myself and my family to make and that both opportunities are absolutely great this has been an incredible job and I've been blessed with great co-workers projects council members and commission members you've been very fun to work with supportive and welcoming into your community I'm also happy to have been part of this organization and have had the ability to serve the citizens of Breezy Point thank you very much I'm planning to be here till January 28th you know to facilitate this meeting the short-term rentals the rest of the permit request property inquiries and uh new Planning Commission applications if we have any for that so I will definitely be here if there's any followup you guys need with me as well um I did talk to uh the city administrator on that and our and hki that was a project I was really looking forward to being part of um you know just the opportunity with the state job coming up I couldn't turn down that opportunity you know and um but uh the um the joint Planning Commission meeting I think what we're going to do is talk to the uh HG K just tell them to hold off I talk to them about that as well too just to give a little bit more time to do that you know I don't think we're in a hurry with it either way you know and they fully understand that and that way we can keep everybody on the same page so they don't rais their rates or anything or they don't raise their rate there it's all their their bills been they submitted their bid and everything like that when they work on it is it is billable hours so we tell them hey stop you know and and this was you know we had to stop it before for other stuff you know they're you know but I think they're actually you know it it probably is helpful more than anything because it gives multiple people chances to review this and they've been doing you know and this is even a benefit as well too you know having my eyes on it from outside eyes and theirs as professionals and then also even Jerry's from having some more of the historic use with it as well too that I think it'll come out to be a very um very good process you know um they're currently looking at doing an assessment of lots on the cities in within the city of Breezy Point to see to answer the question buildable Lots versus unbuildable Lots you know cuz there's some things that come up when people want to change ordinances and things like that and you know and I always tell communities you know we let's take you know small steps at one time you know so that we can get a bigger broader picture at this and you know that's been kind of a resounding message I've heard throughout the entire year you know in in the zoning office and I've worked in several different zoning areas and know different communities have different desires but anyway that'll give a takeoff point of what do we have out there that's available for development and what's off limits right now based on our current ordinance so that'll take that question completely off the table or bring it on and say hey if we 30 more house permits in the next 3 years we're going to be done with all of our lots and now we need to start to look at these the the um more of the tougher zoning districts or the districts that don't allow that and that'll also help um answer that question too when people talk about you know extending sewer services and things like that like like okay do we need to extend this do we have do we need to bring more Lots online or or is Breezy Point good with a bunch of lots for the next 10 years if we issue say 30 some permits um each year on that so um they're a good firm and like I said I think just so everybody can have time to do it we're going to tell them we're telling them to not do that joint Planning Commission city council meeting just yet so yeah Jerry he's going to address the council at the February is a third council meeting and that will confirm whether we have that joint meeting on the 11th okay as of now we don't have any applications is that correct Peter correct for that that meeting in February so we'll just keep you posted on what Jerry finds out from the consultants and um what the council wants to do how they want to proceed with that um I just want to note for us that we should probably Define in the new ordinance what a harbor and a marina are good I'm still confus references because who knows what's going to happen all right any anything else anyone has to report on well I I just want to say to Peter that uh congratulations and we really appreciate your good work yeah yep hey thank you I appreciate that thank you yeah this is uh you know throughout my uh zoning career this is definitely been my favorite favorite Community by far we've got a good group you know absolutely abolutely you do it's absolutely true you know and I've worked in several different places to know yeah so thank you very much I appreciate it the job I'm doing next this will be more involvement with like um septic system management for it'll be like the district contact for croing County uh Aken County um itasa and the Northeast region for septic system compliance so it'll still have a land use facet to it and how I got into that was wasn't just like at the whim of a notice like hey want to check this out they um somebody that I worked there before with years back he moved on to another position and they contacted me and said hey we have this opening here you could you should try to compete for it and I actually was like Bo whatever you know we'll see what happens and then they you know made some you know like to give a shot working with the mpca and see what that's all about where where do he office that then this would be out of Baer so the kind of over there by WTH Smith nolon so yeah yeah it was uh yeah it's tough to make a good decision when there's good decisions on you know it's like yeah especially with having new offices and everything too yeah but yeah yeah but I'll send out a notice to all the PC members if you need to get a hold of me about anything even outside of my range of employment you know you want to call me up and run and buy an idea and say hey you know we got this application I certainly am available for sure so thank you and really you did improve our processes here some of when you first started the changes and and meeting with you has been truly a good thing for us uh good learning experience and your knowledge has been phenomenal to have so thank you all right right thank you all right meeting adjourned no around here