are going to call the meeting to order for the planning commission and board of adjustments on Tuesday, April 14th, 2026. Let's start with the pledge of allegiance. So all rise. >> I pledge the allegiance to the flag of
the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. And we'll move on to doing a roll call.
Jerry, if you could uh conduct that for us. >> S here. Risbon >> here. >> Weaver >> here. >> Ty here. >> Here. >> Zen. >> All right. Thank you. And we'll start with an open forum. If there's anyone
here that is not on the agenda but would like to share, please approach the podium, state your name and address and feel free to speak. And not seeing anyone approaching, we'll go ahead and close the open form and move on to approval of the March 10th, 2026 planning and commission and board
of adjustment meeting minutes. Uh, does anyone have any changes or a motion to approve? >> A motion to approve. >> Do we have a second? I'll second. >> All in favor say I. >> I.
>> Any opposed? Motion has passed. And we'll move on to the public hearing for conditional use application C260003. Timothy Holver uh to construct an accessory structure up to 1,600 square feet and up to 20 square 20 feet in
height. This is located on 31859 Harvest Road, lots 293031, block 21, White Birch, 16 parcels 80648 and 180649 located in the R2 zone. So, as we open
the public hearing, we will start with the uh applicant presentation. If you would approach the podium, state your name and address, and walk us through your application. >> Uh Tim Horvath, 31859 Harvest Road. Uh, it's pretty straight ahead. I'm doing an addition on my
current garage. Uh, which when I spoke with Jerry originally, that was a no-brainer. It could have been an over the counter. Uh, on my accessory building, I wanted to go slightly larger to the 40 by 40. And just to clarify one
item, it said to 20 ft. uh my current drawings that I submitted a plan uh is a 612 pitch and that would come to 22 feet. I don't know if that is of issue. If it is uh I could lower the pitch to a
512 which would bring it to 20'4 in uh which would be pretty darn close to if uh the 612 wouldn't be acceptable. The 612 in Minnesota on a on a regular Minnesota winter I think is more amendable to runoff of snow and and that
sort of thing. And it also would match the pitch of my existing house, but that's not a deal breaker for me in any any way, shape, or form. Like I said, I could go down to the 512. Um, our desire is to I just got married last June. my wife Ginger uh were
combining our homes and all of our toys and apparently my house was too much like a man's house and so uh there's a list of requirements that come with that and that's kind of was the onset of building this this extra structure and
the extra garages. Other than that, I'm just open for questions. Uh one other item is uh it is our desire obviously to make it attractive. Uh, our home is uh gray and whites and the structure I was
going to do in gray metals, probably a black roof. I've got to get that past my designer, but uh again keeping the color scheme in line and uh I'm also setting the building
closer to my home and closer to my neighbor's house. I don't want to be that tight. We like our tree buffer the way our lots are set up. So, as far as anything that would be detrimental to the appearance of the neighborhood, that's it's just absolutely not going to
be. Um, other than that, I really I'm just open for any questions you may have or concerns. I think you can get by with a 612 because it's midway on the peak, right?
I I am not don't number one I don't want to be responsible for uh interpreting the height on the plant. >> Okay. >> Number two the the maximum height that
is allowable anywhere for an accessory structure >> in a residential district is 20 feet. So the 20 ft becomes the maximum to the midpoint of the roof, >> right? He's not going to get that.
>> Well, I'm going to be just fine then at the 612. >> You'll be like 17 18 ft, right? >> Yeah. >> Okay. >> Yeah. >> Yeah. Then I'm well within within the rules. >> I I like the look of the building
because it's only got 12t sidewalls. I'm just commenting instead of 14 or 16 and it's not, you know, it's a nice looking building. >> I'm not an RV guy, never gonna be, but I wanted it large enough that I can I'm into motorcycles. >> Okay.
>> And so I can drive my my trailer inside the garage and do my things on the trailer and be able to put in a 10-ft tall garage door >> is is all I really need. And I don't want to have to heat >> a barn. >> Yeah. >> So,
All looks like all the setbacks are good. So the impervious coverage is good and I did uh all the well and septic inspections, all of that's been taken care of. I do have to conjoin that lot
and we held off if I didn't uh get the permit we want. and left me more options with that property and so I'm aware of the fact that they do have to conjoin that lot to my existing. >> Do you plan on putting any lights on any of the sides of the building?
>> I actually have my grandfather sold Stude to Bakers and I have one of his lot lights, old sodium lot light that I've saved for forever to put on my building. I'm going to have that one light over that door and then there would be a carriage light. Uh, and I'm
planning on doing a light on the walkway between my existing home and that. But other than that, no. No up lighting, no just that one security light. Got it. Haven't been carrying that damn light
around for about 40 years. Does anyone have other questions? >> All right. Thank you. >> And moving on to staff review. >> Um, again, this is conditional use application C260003.
The applicant is Timothy Horvath. address is 31859 Harvest Road. Uh the legal description is lot 2930 and 31 of block 21 of White Birch 16. The zoning of the property is
R2. Uh applicable city code is 153.032 medium density residential R2. Uh the request is to construct a detached accessory structure up to 1,600
square ft 15 to 20 ft in height. Applicant has submitted the application for conditional use to construct detach accessory structure and property is zoned R2. The existing property is two parcels made up of three
platted lots. Excuse me. The property currently host a dwelling with an attached garage. The lots are proposed to be consolidated. Findings. Upon review of a conditional use application, the commission needs to
consider the findings as required under section 153.119E. In review, the commission shall state whether or not the finding is acceptable towards granting the cup if applicable.
The following finding must be met. The use or the development is an appropriate conditional use in the land use zone. The property is zoned R2 and the request is appropriate under section 153.044. The use or development with conditions
conforms to the comprehensive land use plan. The use with conditions is compatible with existing neighborhood and the use with conditions would be injurous to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of
the city. The following there's a list of other considerations that should be considered and I won't read those. uh applicant has filed the appropriate condition application for a cup. The
applicant is paid the appropriate fee. Public notice of the use hearing was published in the legal notes paper and given to property owners within 350 ft. Uh the public hearing is being held on Tuesday, April 14th, 2026.
Staff has reviewed the following. the site plan, the CUP application, building code compliance, uh section 15302C1, accessory structures cumitive up to 1,600 square ft on parcels less than 2
acres. 15302C3 accessory structure in height of 15 to 20 ft in height. accessory structures and appropriate conditional use in this R2 zone. Uh the following may be
appropriate conditions for the approval of CUP. Applicant shall obtain a building permit for the principal and accessory structure. Applicant shall comply with all setback requirements. Sighting and roofing of principal structure and accessory structure shall
be of subsimilar material. All structures shall comply with state building code. Height of accessories structure shall not exceed 20 feet. Accessory structure shall not exceed 1600 square feet. And the parcels must
be consolidated. >> Thank you. Anyone have questions? >> Just one that addition to the existing garage that's not a >> that's not an issue that would be
considered a uh just a standard building permit because it's part of the ex it's an addition to the principal structure. So is there any I can't remember is a square foot of a garage can you have so many square feet or what? >> The the only thing that's uh regulated
by our ordinance is the square footage cumulative square footage of accessory structures. It does not regulate the amount of square footage for a principal structure. >> Okay. I kind of was trying to read it and
kind of figured out the the height thing. It seems like all the conditions are met and they're where the parcels would need to be consolidated. So then they wouldn't get a permit till that's consolidated. Correct. As long as
we have it in the conditions, >> we would not issue a permit unless it's consolidated quite frankly because it would be in legal structure then. >> Yeah. >> It looks like the other three structures are to be removed. Is that accurate?
Says TBR in them, so I'm assuming that that's what that means. >> Um, I think the applicant couldn't >> uh those are two temporary round tops. >> Yep. >> That's two manlike. They're on their way out. >> Okay.
>> So, they did put to be removed. I got a teeny little chicken coupe. It's like 3x3. >> See that here too? >> That's going to get >> moved, >> you know, shifted, but that that will stay. >> Okay. >> Uh I have one quick question. materials
to be similar. Is it of any issue if the accessory building is metal sighted? It does need to be quarter log sighting like my home. >> We were going to stay in the color scheme. >> In the in the past, we've stipulated
colors being uh similar necessarily what stick versus metal. It doesn't really make any difference as long as the colors are similar. >> Thank you. Any other staff review questions?
All right, then we will move on to public input. If there's anyone that I can't see that's hiding somewhere that would like to come up to the podium to state any questions, feel free. >> I think it's a great idea. Then
we're going to close the public input and move to close the public hearing portion of this and um have staff discussion here. So following a conditional use permit, they've met all the findings that need
to be met as listed and the suggestions for the parcels to be consolidated. adding that on seems like that's kind of a a no-brainer anyways that would be required. So, is there anything else anyone feels that we
would need to add to the conditions? >> No, like the one through seven pretty much covers it all. >> Yeah. >> And saying that, does anyone want to make a motion? I guess I'll make a motion to approve
C-260003 with the conditions 1 through 7 included and in particular number seven but but one through sevens. >> Do we have a second? >> I'll second.
>> All right. All in favor say I. I >> any opposed? Motion has passed. >> And then we'll be moving on to consider the uh final approval for CIC Plat Eagle View Storage. Uh this is
this is a followup of the last meeting that we we had where you approved a conditional use permit to uh create a CIC common interest community plat for storage unit. This is a replant of four
existing platted lots uh located uh close to Eagleville Eagle Eagle View School. Um adjacent to the Narvisen uh storage units. Uh
this would be uh the this would be the final time that the uh planning commission commission would look at it. Um this we've reviewed the the plat. It is really not any different
than the uh proposal that was in front of you a month ago. Uh so staff would recommend final approval of this plat. Your recommendation will go to the city council for their final decision.
So I assume do we need to make a motion to approve moving it to city council? >> Actually just make make a motion to approve the plat itself or the final plat. >> Do we >> I would make that motion.
>> Do we have a second? >> I'll second it. >> All in favor say I. >> I. >> Any opposed? Motion approved. And moving on to staff reports, >> I had anticipated that there was going
to be a uh a resident here this evening to talk to you at in open forum. But I'll try and and relay there the concern
and hopefully I can get some guidance from you folks. Uh, I put on the desk a copy of a map and that that map indicates a uh parcel of property that is across from
actually it's kind of across the street from this final plot that you've just approved and it's uh east of Eagle View a little bit along County Road 37. It's a residential property.
These folks um have a food truck that they've been running during the winter time in Florida. And they brought this food truck to
Minnesota for the for the winter, I mean for the summer. and they take it to different festivals around and different places around. that they uh they they sometimes
have food orders that they would prepare out of this food truck at their residence and people would come and pick up those orders. Funny you should say that.
It looked like it was going today. yellow. >> Yeah, >> the yellow looks like a Schwans. >> It looks like an old schwan. >> Yeah. So, >> so I really didn't know how to how to address it. There really isn't anything in the order that ordinance that addresses it. The closest thing I could
think of was if they were going to do something like that, it was going to be a commercial activity of some sort is that it might qualify as a home occupation. That said, I did
uh for your information. Also include a copy of the home occupation ordinance that we have which limits the uh number of tra limits the amount of traffic to I
believe 10 round trips per day. Um, so I'm looking for some kind of guidances as far as whether it's something that we even allow to happen over there or is it um
are we interested in pursuing it as a home occupation and if so let them submit the application. I the the little that I know of at you you know as much as I do about this
operation at at this time um I would again I was hoping they were going to be here and I encouraged them to come but they evidently slipped their mind. >> How did this come to attention? Did were people reporting this and saying this is
a concern? the the uh resident the owners of the food truck basically gave me a phone call and asked me if we were going to do this how do we do it? >> Okay, >> it's kind of good that they came forward. >> Yeah,
>> like today it looked like the truck was open and there was a couple vehicles there and I thought, well, maybe they you can go up there and get a taco or something. My my concern is this in >> the traffic. >> Yeah. Typically
typically we allow those food trucks that are that are around to be to operate in commercial >> Mhm. >> zoning districts. This is a district that is urban reserve
>> on County Road 11. >> On County Road 11. Yes. >> Kind of a goofy intersection or >> I Yeah. And I and I'm that's that's where I I get into a real issue because typically a um
home occupation isn't supposed to generate traffic and if they're going to operate that or proposed and and I don't know if they're going to try to do this is is proposed to operate that food truck off of that location on a regular
basis. I think we've got some >> some traffic issues. >> I would agree. I think it would get there's enough that we've had just in meetings here of concern of traffic on that road in particular by schools and things like that. So, I could see that
being >> then right across will be six more buildings >> with some traffic from that. >> And I know um >> that's coming off of a a uh already improved street. Mhm.
>> Right. But it goes on to all that one. >> I I understand that, but it's it's somewhat more controlled there than would come off of a a driveway. >> The same not as daycare. >> No, it's the same one as the bank. >> Yeah. And the new storage units we just
approved. >> And then Narson is to our capital or whatever to the east. But I do think I mean that is a residential area and a food truck is to me is a commercial operation and I think there are places in Breezy
that they could go just cuz I think the was it Chris Colin last year had the pizza food truck there a few times and that probably was good for his business drawing people you know attention to that. So, I think there might be options
to put it somewhere located more in a commercial zone where speeds are appropriate for traffic. That would be my thoughts anyways that they would probably need to if they did
approach this as a home occupation, we'd probably have to limit it to certain amount of traffic and hours and that kind of thing. The other the other thing that kind of could happen is if if you allowed this to happen there,
what's to stop having food trucks in all the residential districts? >> I don't want to run one. >> Well, you don't have time, Teddy. But >> how do you >> We'll be working.
>> Yeah, exactly. How do you interpret an E? Uh it says retail sales will be allowed only of products manufactured. And this is kind of like a a general question. Does it need to be rewarded
now that we're bringing in only that we brought this up made me think >> I mean you could obviously the law and code is gray. So depending on how you're going to argue it. Well, I think you probably like the greyness a little bit, >> right?
>> Quite frankly, um I I could conrue that you're manufacturing uh sandwiches and food and and whatever and and >> putting it together and making it into something. So, I I think that that'll fit that.
>> Okay. I just have a more concern about >> traffic >> traffic in one place versus the other >> and it it is a residential home, you know, that's >> there's really no turn lane. I mean,
there there is no turn and then it's got that if you turn in by let's say if you're coming from the west going east, there's no turn lane into the bank. No. >> Well, it's really not a bypass lane that people you could go around.
>> Not legally. You can't. >> No, >> because the other lane going westbound is a turn lane for the school. >> I'm just curious, what is does a city have a a food truck licensing? Anything like that where I mean, if they wanted
to park by the park and have a taco truck, is there anything preventing them from doing so? The only thing that prevents them is that we want them to happen in the commercial districts, commercially zoned areas. >> Okay? So, city hall or the city park
would not be considered. >> Again, most of that is private property is they would need permission from the owner to do that unless you know the owner has his own food truck that per se, but um that would prevent it from
happening to the park. Okay. >> You would need permission from the city to do something like that. >> So like with the air show or the aviation days, not air show, um you know, there's food potentially food trucks there. Is that because it's a private airirstrip that it they're
saying, "Yep, we're approving this for this use." >> Well, there they're uh there they're some of those properties are in commercially zoned areas. So I think that that follows through. Uh the other part of that is if you have um
how do I say you you have to be tolerant of of some of those political activities that are happening? >> Do you think the county would have any restrictions on that coming off a county road like that? Well, I'm sure eventually they they'd probably say
something that about it coming onto an individual driveway. They'd probably the the county would probably rather have that come off of a controlled access intersection. >> They couldn't set up at like the public boat landing. No, that's not
>> that's private property also. I mean, they'd have to talk to the resort or something like that from a commercial standpoint, like, "Hey, can you have a food truck on the golf?" >> I believe that's city property also. >> I was going to add the boat landing where you park your boat trailer up. Is
that the city or is that That's the city. >> Cities. >> That's what I thought. >> Well, if you're asking for more like my thought is that's residential. There's going to be concerns if they did approach it as a home
occupation. It's going to be limited visitors, guests, however you want to phrase that. I would that might not make it attractive for them. If we said up to 10, then that's probably not >> I don't think it would fall under home occupancy just based on traffic
>> and the manufacturer. >> I mean, we'd have to limit it. So, it wouldn't fit that. I would never know what the bus is coming in out of there and there's a lot of people. >> I would never tell anybody they couldn't apply for something like that quite
frankly. But I u I have enough >> information >> uh feedback from you as of now to say you can apply, but there's going to be concerns that you
have to meet the terms of the ordinance. >> Yep. If they were to just have their food truck there, which it looks like now, but not serve any food, just they could do that parking it there, right?
>> And I you know, your your comment right now said, "Well, the it was operating today." >> Well, he just had the windows open. Maybe it was air in it out or whatever. And I thought, well, maybe I'll wing in there and get a taco. They could be making stuff and then
>> heading out >> having it at their house for a big >> party. >> Well, that's one of the things she told me was that if if they operate in in Baxter or someplace that people will come as far as Pine
River to pick up food and take it back for for something. and she's saying that when they're not operating, maybe people could come to their location to pick up that food when they're not in operation
in another community. >> That may be what was happen. I mean, I don't want to say what was happening. It's just >> Well, I'm I was just looking for guidance. I wasn't looking for for anything more than uh to and to give you
a heads up quite frankly. >> Any other staff reports? >> Pardon? >> Any other staff reports? >> That's it. >> Any commissioner reports? >> All right. Meeting adjourned.