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kick off our meeting. This is the Planning Commission Board of Adjustment meeting, Tuesday, June 9th, starting here at 6:30 p.m. We'll begin with a roll call. >> Here >> All right, then we're going to move on

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to an open forum. This open forum is designated for any topics not currently on the agenda. Those currently on the agenda will have their own public input um forum. So, this is for new topics and just to read kind of how this works. Um, the planning commission invites

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residents to voice comments, concerns, anything during the public hearing or open forum agenda time. Individual remarks are limited to three minutes per speaker. Um, we may use discretion if speakers are repeating views that are already expressed or ask for a spokesperson for the groups of

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individuals if you have similar views. If someone before you has already made your point, feel free to simply state your agreement and you know no need to repeat the same ar um comments. Speakers should state their name and home address at the podium before speaking. So we'll

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go ahead here and open forum. So if anyone in the audience would like to approach the podium, please state your name, address, and feel free to address. All right, lacking anyone approaching, we're going to move on to approval of the May 12th, 2026 Planning Commission

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Board of Adjustment meeting minutes. Do we have any adjustments or a motion to approve? >> I'll make a motion to approve. >> Do we have a second? >> Second. >> All in favor say I. >> I. >> Any opposed? All right. Motion has passed. Then we'll move on to public

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hearing which is a conditional use application C260005 for White Birch Inc. located at 30375 Alpine Drive, Breezy Point, Minnesota 56472. This is parcel ID 10171090

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also 1017109 to host a retail cannabis license. This is under Mary Jane Consulting LLC in existing building marked as zone C for commercial. So we are opening the public hearing and we will start with the

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applicant presentation. >> Good evening. Uh my name is David Lander. I live at 7374 Fairway Lane, Breezy Point, Minnesota. and here representing the applicant um and the survey and land uh

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the building situation and so on and uh that's ahead of you and I'll let this young lady >> Good evening. My name is Kirsten Libby. I live at 13605 205th Street Scandia, Minnesota. And I am I am the Mary Jane

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consultant applicant piece of this So, we're we're here today to um with the conditional use permit to sort of change the uses of what's inside the building. So, the building that's out there right now, the sales building for

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the resort has been there for several decades and been used for um real estate uh time share and other activities that uh revolve around those things in the resort. And the goal here

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tonight is to um look at the interior part of the building and actually change it to allow for the the uh cannabis um dispensary and uh and then office spaces that would be joined conjoined

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with it inside that building. So, um, as as you're aware, the building exists and, um, I'm not really sure of the permitting process that went on when that was done, but there's existing parking and batuminous and the building, etc. Um, it shows up on a survey that

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was part of the application. And so, if there's any questions as it relates to that specific um, part of the application, you can address those to me. Um David, how many parking spots are there? 10, eight?

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>> No, there's actually um there's actually the amount of parking actually is uh there's there's 11 + 3, so there's 14 and then there's an additional nine in the back. >> Okay. So there's actually if you look at

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the ordinance and and the amount of parking that's required for the 4,400 square foot building actually the amount of parking is uh suitable or fits those parking

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stalls. There's 23 parking stalls. >> 24. >> Um and yeah, so that's that's what's there. you know, part of the parking. There's a gravel little gravel strip that you're not quite sure if it's parking, but there's three parking stalls there, and it's up against the Alpine Drive, sort

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of in the middle off to the east side of the building. There's there's nine in the back, and then there's the 11 up in front. One of them hangs over again into the rightway there as well. So, so the the parking is ample. In fact, the

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parking in the back is hardly or rarely used except for employees. So, the parking that's in front has been adequate for the use that's been there for quite a few years. Does anyone have specific questions

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there or should we kind of add on to that and circle back if needed? >> Would you like to go ahead and present your portion? >> Sure. >> So, as I stated, my name is Kirsten Libby and um I live in Scandia,

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Minnesota and I'm I work with a um by day I'm a lawyer. um by day I'm a cannabis lawyer and I'm working with a group of folks um who are helping me put this license to use my license to use and that is um Breezy Point Resort um

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with the space and then I also have a consultant um who is here who will help with branding and staffing and um so they're here tonight and then I um also the Nick the construction guy is is here as well and he's been working with um

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the resort to do some renditions of what this might look like. So, we envision um a a fully compliant cannabis retail shop um compliant with all Minnesota rules, Minnesota ordinances, and local ordinances.

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So, I applied for my license a year ago and um it was it was awarded and then the process is is you work with the local government to secure space and then once the space is secured you work

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with them to get the construction in order and to um and to put it into being. So, and then you submit your final plans or records to the state and then um you open for business.

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>> So, I do have some questions just for the general public that may have thoughts. >> Um what are the types of things that you take in effect for security for things like that of that nature that are maybe in particular for this type of business? >> Um a lot of things. And I'm going to

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introduce uh Bill Parker, my consultant, who um is can give you the really low-level details, high level details. >> Hello, my name is Bill Parker. Um I actually president of Great White Companies, the consulting firm that's

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helping her out with this project. Um my address, 24165 Inwood Avenue North, uh Force Lake, Minnesota. Um, so in particular with security, uh, security is probably one of the tightest things that we run in these facilities. Um, not

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only is it a state requirement, uh, but we're protecting a lot of assets within these facilities. So when we build them out, almost a third of that total cost goes towards security assets. Um, that's access control, um, surveillance systems, window brakes,

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motion center sensors. uh per the state we have to have view of the entire area plus the perimeter and with that we have to maintain 90 days of security footage. So it's a very tight tight system that we imply or impart in these dispensaries.

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>> How much of that building will you occupy >> the whole thing? We have plans to occupy the entire thing. So we'll make some spaces. We'll make some good use of the um additional room for offices and meeting spaces and things of that nature. Uh but for the dispensary

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itself, we're planning a very large retail floor that's very inviting um that'll be able to house a lot of products. >> Anyone have questions? Just for someone that knows absolutely nothing

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about what one of the insides of these stores looks like, could you describe what goes on and and how uh you operate? >> Yeah, absolutely. >> So that we we have some idea what it what your vision is or what you're looking for.

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>> Absolutely. Um so I know there's a lot of stereotypes out there for dispensaries. Um, a lot of what people, you know, think of when they think dispensary is kind of that smoky little shop with a lot of glass and a lot of pieces in it. Um, you know, uh, a lot of

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individuals kind of smoking and and using paraphernalia around the shop. That's really far from the truth. Um, with these centers, I already talked about the security that's in place. Because of the security that's in place, we see a reduction in crime around that location just because it's so highly

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secure. Um the inside of these facilities we build out in a way that they're very inviting. Um they're beautiful locations. Um you know, we've built out a few in the state today and we've had them called, you know, Apple stores essentially because it has kind of that clean aesthetic vibe to it. Uh

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we do bring in a lot of the local vibe as well. Uh one of our stores is in Cross Lake and it's very much got that log cabin Northwoods feel, but we bring in a lot of the modern vibe as well um to make it a little more approachable to all. Um when it comes to what's within

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these stores, um the state does not allow any of the active product to sit out on the retail floor. So when you see these facilities, um not only is there no active product on the retail floor, but you also can't see into these facilities. Per state guidance, we have to put a coating on the windows or have

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certain things in place so that you can't see directly to the retail floor. Um so when it comes to seeing paraphernalia or seeing products like that outside of the store, you can't. Um there's usually like a mirror finish on the exterior of those. Um when you enter, there's usually a vestibial. With

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this one, we're planning a full vestibial which would house a security guard. That security guard will check IDs, verify people's identity before they can enter. Um once they're allowed in, then they're met with a bud tender. That bud tender has an iPad. Um they walk through with them, see what they're

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trying to accomplish with their their purchase, and they help them make that purchase on the iPad. that instantly gets uh booted to the point of sale and then they wait for fulfillment to fulfill that order. Um the fulfillment happens in the vault space itself. We'd like to keep it very secure. So we build

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large vaults that are highly secure that staff can work in and do fulfillment. We usually build pass through windows which we plan for this location as well. So the staff that's in the back fulfilling that order places the stickers on the product itself, passes it through the window to the point of sale. the button

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tender takes it, verifies ID, and then gives it to the customer. Um, so it's a very regimented process where there's no way to really mess up orders. There's no way to um, you know, it you really can't dispense the product without proper ID

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and verification. >> And I believe I read too that there isn't a um, you're not people aren't using it on site on property. That type of >> it's not allowed on premise. Um, use is not allowed on premise. Uh, and we run a pretty tight ship. Our bud tenders and

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managers inform customers that there is no use on site. Um, usually when a customer first comes to us, we kind of walk them through the rules and regulations, the dos and don'ts, um, to make sure that they understand because every state is different. Every customer has come from different markets. Um, so

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we take a a minute or two to educate them to make sure that they're wellversed in Minnesota law and what they're allowed to do here in the state. Do you limit how many people are in the facility at a given time or do you have kind of a guideline for that? >> Um, we usually go off of city guidance

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if there's an occupancy limit. To be honest, we have our own internal limits as well. Sometimes ours will be less than the city limit. Um, it really depends on our security review. So once we get that floor done, we get the cameras in, we kind of determine how many people we could manage at any given

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time with staff on hand. And that's where that number's developed. >> How many people staff at at one time? >> Um, total staff for a store this size is probably going to be closer to 20. That's including FTEES and part-time.

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Uh, but at any given shift, you're probably talking about three to six employees depending on the time of day and time of week. any other. >> So, it should really add any more employees than they already have in that

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building. Just more customers coming and going, I would assume. >> Correct. >> Thank you so much. >> Thank you. All right, moving on to staff review. >> Uh, again is conditional use application

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C260005. The applicant is White Birch, Inc. Property address is 30375 Alpine Drive. Uh, legal description is lot 21 through 23 and part of lot 20 of the 27th

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edition to Breezy Point Estates. The property is zoned C or commercial. Applicable city codes 153040, 15344, 15345, 153.07007,

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and 16. Conditional use request. applicant has submitted an application for a conditional use permit for retail cannabis sales and existing building located at 30375 Alpine Drive. The

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parcel currently host hosts a commercial building 400 or 4,472 square ft and hard surface parking areas, 24 spaces. Access to the property is from Alpine Drive off County Road 11.

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The building hosts the sales office for Breezy Point real estate and time shares. Property is serviced by well and septic on site. Commercial office will continue in the eastly portion of the building with

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cannabis retail occupying the westerly portion of the building. Uh when I did this report, that was the information that I had. I think you've heard different this evening. So, uh, I would, uh, refer to the the owners as far as

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how that's going to be used. Upon review of a conditional use application, the commission needs to consider the findings as required in section 153119. In review, the commission shall state whether or not the finding is acceptable

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towards granting the CUP, if applicable. Following findings must be made. The use or the development is an appropriate conditional use in the land use zone. The property is zoned commercial and the request is appropriate under section 153040.

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The use or development with condition conforms to the comprehensive land use plan. The use with condition is compatible with the existing neighborhood. the use with conditions will not be injurous to the public health, safety, welfare, decency, order, comfort, convenience, appearance, or

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prosperity of the city. There's also a list of of other things that the commission may consider that I will not go through. Um, applicant has filed the appropriate application for the cup, has paid the

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appropriate fee for the application. The public notice of uh conditional use hearing was published in legal notes paper and all property owners within 350 ft were given mailed notice of the set hearing. Public hearing is being held as

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we speak. Staff has reviewed the following. The site plan application uh section 16.09 zoning and land use. Uh, cannabis retail. Cannabis building licensed or endorsed for cannabis retail are

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permitted as a conditional use permit in the following zoning district. Commercial. Cannabis retail is an appropriate conditional use in the CZ zone. Uh, the following may be appropriate conditions for approval of the CUP.

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Applicant shall obtain a building permit for exterior and exterior remodel. uh cannabis retail license. All signage to comply with 153.061. All lighting to face onward. Uh

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consolidate parcels 1017190 and 101 791. And uh I would add that uh we've also received today a com uh certificate of

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compliance for the septic system. So um that would be taken care of. With that I open it up for public review. >> Anyone have questions for Jerry before I move? >> We can't put a time limit on on this.

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Can we pardon this? This is a cop, not an inter. So there's no once we if it's approved, the the cup would be uh approved. If you approve the cup, it would be for

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White Birch, Inc. to host the licency, which I believe is Mary Jean. Uh that one's the the specific for the specific license. Uh there would be no time constraint on

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it. Um it would be um basically that they as long as they're performing according to the ordinance, they would be allowed to continue. I think you would see a change in the

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cup if in fact there was a transfer of the license from one lency to another. You'd probably have to go through an amendment to the cup in order to do that. >> So if there's any issue, >> that's it. the the issue if if there's

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an issue number one is probably a police issue as far as uh conforming to the rules and regulations as the state has them. If they're found in to be not conforming to those issues, I think

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the council would have the right to pull the license. Okay. That's all I got. >> The >> cup the the the commission is dealing with the land use portion of this,

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>> right? >> Only, >> right? the actual license and the uh approval of the license to operate in Breezy Point would become a council issue that would be on their council agenda at their next meeting.

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>> Okay. >> All right. Well, we'll conclude the staff review, move on to the public input portion. If anyone in the audience would like to approach the podium, please state your name, address, and address. Bill Tooff 31877 Green Drive, Breezy

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Point, Minnesota. We've talked a lot about the mechanics of this. Let's talk a little bit about cannabis. In the 60s and 70s and 80s, the cannabis potency of THC was 2 to 4% in what was

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out in the public today. Um, and we all remember how people acted at that level. I remember people getting addicted, having to use it every day, and they kind of lose themselves for a while. Um, today the level is 18 to 36%.

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So, it's almost 18 times higher than it was back in the 60s and 70s and 80s. Gummies and other forms of of usage is 70 to 80% of THC. Um, according to HIDA, that's the uh

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highintensity drug trafficking area of North Central Minnesota, Minnesota's potency of its cannabis is the highest in the country. Um, what's the impact of this on the individual in the community? Bill Bennett, who was a cabinet secretary

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under George W. abortion was a a drugs are stated that it's true today that there's more people in treatment for cannabis use than there is for all the other drugs combined except alcohol. friend of mine who is a psychiatrist out

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of Chicago read a study that of firsttime users of youthful kids 12 to 18 there's a 10% chance that they're going to have a psychotic episode that will take decades for it for it to go

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away in in some cases it never goes away um however I mean there's not a lot of public good in that uh supporters of cannabis will say, "Well, it's just like alcohol abuse. There's really no difference." They are wrong.

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According to Iran Institute study, it's a verified that gateway cannabis is a gateway drug. In just about in every just about every case of drug abuse, that was the first drug that these people tried. Study goes on to state that minor usage

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has skyrocketed in states where it is legal. uh the impact on the community according to a University of Colorado study uh crime rates around the outlet spike

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1425%. Uh crime rates where it's legal have spiked 36%. 82% of the users of cannabis are prone to be more exhibit more violent behavior. According to the National

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Institute of Health of Health, cannabis results in more uh assault crimes and petty theft in 2018 to 2022. According to HDITA, again, a study they did uh related that

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total crashes in vehicles was up 20% in states where cannabis was legal. DWIS were down for alcohol while DWIS for controlled substances and cannabis were up 37%. I don't see a lot of public good in that.

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Um, I'm an old dog. I I believe in God. I believe in family. I believe in this country. And I just don't and I believe in free enterprise. I'm a capitalist. I just don't see why we need to have this in our community. And I I just wish they

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could sell something else there. Antiques, ice cream, t-shirts, anything else. Um I just would like to know where is the public good in this. Thank you. >> Thank you. >> Would anyone else like to approach the

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podium? All right, we will go ahead and close the public input portion. Um, which closes the the portion of the public hearing. We'll move on to the official action for CUP 260005. So, just kind of recapping based on the

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um criteria for a conditional use permit, which is detailed out in the packet. Um the following items, as Jerry had indicated, are things that we should be considering for an approval or denial of the CUP. Um making sure the applicant

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has obtained the building permit for the exterior internal remodel. um making sure that they do have the cannabis retail licency that all signages to comply with our existing ordinance 153.061 061 um making sure lighting faces onward

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um and consolidating in those two parcels. And I would just also add in, you know, the um looking at the security and making sure that the measures for the building comply with the Minnesota state law and regulations um as

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indicated by the uh applicants. Does anyone have other criteria or things that we want to take a look at and consider as a a team? Madame Chairman, I would move the approval of this conditional use permit to include the conditions outlined in

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the uh city planners memo to us. >> And do we have a second to that motion? >> I'll second. >> All in favor say I. >> I. >> Any opposed? Motion has approved. All right, we're moving on to public

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hearing conditional use application C260003 for Barry and Becky Mosbrooker of 1118 Old County Road 39 Breezy Point, Minnesota 56472. This is partial ID 10020727

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to construct an accessory structure of up to 1,600 square ft and 15 to 20 feet high in height. This is zone R2, medium density residential. So, as we open up the public hearing, we invite the applicant to come to the podium, state

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your name, address, and walk us through the presentation and application. >> Do I need to give my home address or just business address? >> Who you representing? >> I'm rep. Okay. Uh, I'm Emily Olstead representing West Hansen Builders at

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34103 County Road 3, Cross Lake, Minnesota. Uh Barry Moss Brooker. I'm at 11180 Old County 39. Breezy. >> Um so, uh our client wants to uh

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construct a detached garage. Um, I know the we're looking for a conditional use permit because the footprint itself is um 1465 square foot with the living space of 697 which is under the 700

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requirement. But the issue was the height restriction uh halfway to the peak was um is 17t 9 and 3/4 in which is over the required 15 ft. So that's why

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we're wanting a because he wants to put a storage workshop in the uh upper level. So >> yeah, what did I just say? So I have a two-car garage. I need I need more garage space, right? And it's it's not an extravagant building. It's

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>> two more cars in a workshop. And I think the height is associated with some >> it's because of the taller garage. So he can fit his boat or pontoon in there. Does anyone have any preliminary questions at this moment?

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>> It's probably stated in here somewhere >> similar sighting to the house or >> it's we're trying to match. >> Yeah, the the exterior will be matched completely to the house. >> Okay. I guess maybe I missed it in there somewhere. >> Yeah, it's kind of fine print in the title page. It is

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>> it's very small when it gets to be this size >> with no plumbing. I see >> no plumbing >> at this time or >> not ever. >> There's there's no hookup to the septic or any kind of >> Okay. >> It's purely storage and workshop.

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>> It looks like a good building. That does look like a nice unit. Um, and the setbacks it's in the >> Did you have any more questions at this point? >> No. >> All right. Thank you. Thank you. And

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we'll move on to staff review. Conditional use application C260006. Uh the applicant is Barry and Becky Mosbrooker. >> Mosbrooker. >> Moss Brooker. Uh property address is 1180

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Old County Road 39. Breezy Point. uh legal description is is long and I won't even read it but uh you do have a copy of the survey in your packet. Uh the zoning is R2 applicable city code is

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153.032 medium density residential conditional use request to construct a detached accessory structure up to 16,000 square ft 15 to 20 feet in height. Uh the applicant has stated that

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the uh actual dimension is around 1,400 square feet and the uh height is 17t 6 in to the midpoint of the roof. Applicant has submitted an application for a conditional use permit to construct detached accessory structure.

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Property is zoned R2. The existing property is 1.95 acres. The parcel is on the southshore of Lake Ana Oawanima Key. Property currently hosts a dwelling within an attached garage. The lots are

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proposed to be consolidated. Findings. Upon review of the conditional use application, the commission needs to consider findings as required by section 153.119. In review, the commission should state whether or not the finding is applicable

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towards granting the cup. uh the use of the development is an appropriate condition use in the land use zone. A property is zoned R2 and the request is an appropriate under section 153.044. The use or development with condition

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conforms to the comprehensive land use plan. The use with conditions is compatible with the existing neighborhood and the use with conditions would not be injurous to the public health, safety, welfare, decency, order, comfort, convenience, appearance or

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prosperity of the city. Um, applicant has filed the appropriate application, paid the appropriate fee for the application. Uh public notice of the of the conditional use hearing published in

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the legal newspaper newspaper and property owners within 350 ft were given mailed notice of set hearing. Public hearing is being held as we speak. Staff has reviewed the site plan CUP application building code compliance.

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Uh 153.0332 0332 C1 accessory structures cumulative up to 1,600 square ft on parcels less than 2 acres and accessory structure height in excess of 15 to 20 ft in height

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153.032C3 accessory structures and appropriate conditional use in the R2 zone. Uh following may be appropriate conditions for approval of the cup. Applicant shall obtain a building permit

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for principal and excess restructure. Applicant shall comply with all setback requirements. Siding and roofing of principal structure and accessory structure shall be of similar materials. All structures shall comply with state building code. Height of the accessory structure shall

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not exceed 20 feet and the accessory structure shall not exceed 1600 square feet. Any other that the council or that the commission may or may choose. But you had mentioned Jerry the lots are proposed to be consolidated or

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>> that's a typo. >> Oh, okay. All right. Sorry. Anyone have any questions for Jerry? >> Then we will close the staff review portion. We'll move on to public input. If there's anyone in the audience that'd like to approach the podium, feel free

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to do so now, state your name and address. And pending the fact that I don't see anyone in there, we'll go ahead and close the public input and public hearing and move on to the official action for CUP 26006. I'll make a motion to approve

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six or C-26-006 with the six conditions stated. I don't see of any other issue that I >> do. We have a second. >> Second that. >> All in favor say I. >> I. I. >> Any opposed? Motion passed.

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All right. Moving on to staff reports. Is there anything the staff would like to share? >> Um, yeah. Um, Ellie was uh going to be here, but she's had a death in the family, so she was

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she just uh she had other things to take care of. That said, um I'm probably going to be saying goodbye to you folks in a in a little bit. Um, I don't know exactly when that's going to be, but I think uh we'll probably have a

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new person on board around mid July. >> You already did that once. >> You'll be back. >> That's the plan as we speak. >> Well, thank you, Jerry. I mean, I know that we all feel the same way. It's been just a joy working with you and we

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appreciate that you came back to to guide us and keep helping us along the path. >> A lot of knowledge. >> Yeah. And I can I can speak on that a little bit. I um sat in on some of the interviews for our new planning and zoning administrator. We had a number of

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great applicants. Um, so is a tough pile to choose from and I know Alli's trying to procure that and therefore Jerry can set off into the retirement again, but we'll we'll be glad to have him back um as needed. Um, at our last council

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meeting, we did discuss um pay structures for our PNZ uh commission and we did uh essentially ask uh Ally to bring back and forth in front of us for a raise. Um, I believe that was going to be going up to $80 uh per meeting. I believe that pay structure would

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actually take in effect starting 2027. >> Oh, come on now. >> It's one of those things, right? Um, even for the council, any anything that we adjust, I think it has to be in in front of the ordinance and upon the uh election time. >> Okay. >> Maybe I'm wrong on that, but I believe I

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know for sure council has to wait for an election time. um if >> resolution might be sooner >> if it goes through quicker. Yay. But um otherwise 2027. Um so thank you for the commission for all that you do and and uh apologies on on a delay in getting

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that uh relooked at for a number of years. So thank you. >> Thank you. >> Thanks you. >> Any other reports? >> All right. Any commissioner reports or comments? Oh, I I probably should rehash

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what I told told the the workshop before, but you there will be a petition in front of you next next month to consider reszoning piece of property that that food truck is is currently located at.

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Um I suggest and and you will in your packet you will see uh quite a bit of information in the that's coming from directly from the comprehensive plan

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and take heed of that information because that is the basis for how you make decisions of those of the zoning type.

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>> I don't know if I it's kind of a spot zoning. It could be perceived that uh it could be perceived that it isn't because there is commercial across the street. U depends upon how you look at

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it. I think that's where the comprehensive plan comes into into effect is what is is that directing you towards >> can you reside in a commercially zoned area? >> Pardon? >> Can you reside in a commercially zoned area? >> Sure.

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>> After you petition for it to be zoned commercial. >> Sure. It's it's no different. It's a it the house becomes a legal non-conforming use. seems counterintuitive. >> But that's can't take that away from them.

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>> Yeah. >> Um just because Yeah, you could. Um just because you have a zone doesn't necessarily mean it's that's the what the use is the use for existing, >> right? >> It doesn't cut it off,

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>> right? I'm guessing there's several power pieces on 11 that are kind of looking commercial too, but maybe I'm wrong. >> Well, the other thing is that one of the neighboring properties you reszoneed to

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residential a while back, >> the Love Joy uh parcel is right down the road from that. >> Yeah. >> Okay. But just heads up that's that's going to be in front of you.

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>> Thank you. >> All right. Meeting adjourned.