earned their got their packet on Saturday. I never did get my planning and zoning, but yeah, you weren't the only one. You weren't the only one who didn't get it. So, weird because they were sent in the same same exact time.
I don't feel special then. Maybe that's not good. Um, so hopefully everybody has a chance to uh read through the packet and if so we'll look for a motion to approve the agenda. Make a motion.
Motion by Leo, second by Dennis. All those in favor say I. I. Opposed. Motion is carried. Can you turn Joe off this up here? Yeah. Yeah. I can see if we can. You don't want to watch yourself.
Give me one sec. Wow, I don't think he knows what's there. And here is the expert. Joe, you know, not Joe, Joe. Joe Biden. Oh, Joe Biden.
Okay. Um, continuing on, uh, look for a motion to approve the minutes from March 18th. So, move. Second. Motion by Tim, second by Dennis. Any discussion? Hearing none. All those in favor say I. I.
Opposed. Motion is carried. I'd like to look for a motion to approve uh open the public hearing for Olsam, formerly known as aggregate. Motion. Second.
Motion by Leo, second by Tim. Any discussion? Hearing none. All those in favor say I. I. Opposed. Public hearing is open. Take it away, Matt. Yeah. Thank you, Mr. Mr. Chair, so the applicant is seeking approval of a variance to operate a gravel mine within
the north property line setback shared with parcel ID 11.007.3700. Um on parcel ID 11.018.0260 in the part of fractional west half the west half section 18 township 141 north range 44 Goose Prairie Township. I sound
louder than I normally do. You're good. That's fine. All right. Well, as long as I'm not blowing anyone away. Oh, maybe it's a good thing then. All right. So, as I had uh said before,
this is a request to to allow for um mining in this north property setback highlighted in yellow here. Uh the parcel to the north is um also has a permit for a gravel mine and that's um owned by uh Jeffrey and Connie Mortonson
and Mr. Mortonson has provided uh written consent uh to mine up to the property line. Uh the applicant provided practical difficulties that they would lose access to valuable aggregate materials that are present within the setback.
Uh in our code as it stands um it's a structure structure storage of excavated materials and excavation edge shall be set back 100 ft from any uh adjoining property line. Uh this parcel is zoned agricultural
general and resource protection aggregate and same for all the parcels around it. It's primarily used for agriculture. Uh they're currently operating under a conditional use permit um that was granted in 2010. There have been multiple variances to the road
rightaway setback uh as well as other property line setbacks and then a residential setback that that residence is no longer there anymore though. Um some natural resources considerations. So this is considered to be prime farmland. Once this uh mining is
complete though, the plan is to to return it to agricultural uh use. Um as far as wetlands, there really aren't any as identified by the National Wetland Inventory in the mining area. Um and
this is an area that has a high to limited potential for gravel. This request as related to the goals and objectives of our comprehensive plan. Um we have a goal to recognize the importance of aggregate resources to Klay County in the region and to
implement policies and standards to ensure sound stewardship of aggregate resources and natural biotic resources. And really the variance process for this particular type of request um is really in recognition that aggregate deposits don't follow property
lines and things like that. And so this provides a means to access those deposits. Uh we also have an objective to consider the cumulative impacts of existing nearby mining operations for new or expanding operations on the environment, egglands, residential areas and transportation infra infrastructure.
Um this uh type of variance request also requires written consent from the adjacent land owner which essentially protects the the rights of those property owners from encroachment. Uh, I should note too that um in our Klay
County land development um and subdivision ordinance update which is nearing completion um that the the draft proposed draft um does away with a need for a variance for this specific type of
request and instead um would require just that written consent and having that uh filed with the with the planning department. So, this could be the potentially could be the last variance request of this um type that that this
board will ever hear. Any questions for me at all? Is there any concern or how long is that letter from Jeff valid? It's coming up three years. Is that do is it is he in favor of this
to infinity and beyond or I think well that I am not sure of but if you were to get a variance it would run essentially in perpetuity. So,
one of the other things I know that the the township had expressed um I won't say concern um but an interest in is with these three gravel pits kind of right here. We got
um one to the east, one to the north, and then the the subject pit that we're hearing about tonight. Um there is a desire to see reclamation kind of be coordinated just because so the grades all somewhat match each other and you
don't have these basically well 100 foot 200t high walls in between each each pit essentially. So there's that that this type of variance would alleviate that reclamation concern as well.
Any other questions? I have nothing. You would the applicant like to come up and speak? If so, please state your name for the record. And
uh my name is Sheree Eertson. I'm in the environment environment and land department with wholesome. And so yeah, we're I'm here with Chris Forest, our operations manager, and Nicole Ramich, also of our environmental department. So just want to thank you for hearing our requests, and thank you, Matt, for your
description. We're open to any questions that you may have. I have a question. Are you intending, as you have in years past, doing the processing um on the bottom of the pit down low, which would reduce noise to
neighbors? Yes, that would be the that would be the idea. Okay, thank you. Um, is there anybody in the audience that wish would wish anybody else with aggregate would like to speak to or
speak about this? Is there anyone in the audience that wishes to speak? for or against this? If so, please. I'm Shelley Steen from the Gooseberry Township Board and we're very much want this because we don't
want these walls for the land owners have to deal with since there's three pits and um aggregate is one of the best of our three pits for operators because they are very much follow the rules and
Gooseberry has an ordinance which they've been provided and we've um met last Tuesday, met everything. So, we're very much wanting this. Thank you.
Is there anyone else in the audience that wish would wish to speak for or against? One more time, anyone in the audience that wishes to speak for or against? Hearing none, look for a motion to close the public hearing. Make a motion.
Second. Motion by Leo, second by Dennis. All those in favor say I. Opposed. Public hearing is closed. Okay. paperwork. Now we will go through the findings of fact.
Is granting the variance in harmony with the general purposes and intent of the Klay County Land Development Code? Yes. Is the requested variance consistent with the Klay County Comprehensive Land Use Plan?
Yes. Does the applicant establish that there are practical difficulties in complying with the strict letter of the Klay County Land Development Code? Yes. Do exceptional or extraordinary circumstances ex exist that apply to the
property in question and that do not generally apply to other properties in the same zone or presinity resulting from lot size, shape, topography or any other circumstances over which the owners of the property have no control or influence.
Yes. Would the literal interpretation of the provisions of the Klay County Land Development Code deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance?
Yes. Is the variance being granted the minimum variance that would alleviate the practical difficulty? Yes. Does the variance request meet all below criteria? No variance should be shall be
granted where any of the following conditions are not met. Adequate sewer sewage systems or water supply capabilities can be provided. Yes. Plight of the land owner or hardship is
not due to circumstances they created. Yes. variance would not allow a use that is not already allowed in the zoning district. Yes. The essential character of the locality would not be altered or there would not
be a significant adverse effect on surrounding properties. Yes. There would not be a significant adverse effect on public health or safety. Yes. The variance does not confer on the
applicant any special privilege that is denied by this ordinance to owners of other lands, structures, or buildings in the same district. Yes. Okay. Are there any additions or corrections
or conditions additional conditions that the board would like to see? I mean, that property is high there. I mean, I totally agree with the with the water situation. Jeff is right to the north,
is to the east, and aggregates to the west. Um okay. Um hearing nothing additional would look for a motion to approve or
reject the variance to accept. A motion made by Leo, seconded by Tim to approve the variance. All those in favor say I.
Opposed. Motion is carried. Varian is granted. Thank you everyone. Any unfinished business, Mr. Jacobson? Uh, no unfinished business, Mr. Chair. How about new business? Couple of things. So, first the planning
commission is going to hold hopefully their final public hearing on our land development ordinance. And the the goal of that that'll happen tonight. The goal is to make a recommendation to the board um for enactment. And um
so the board has indicated they maybe want to have a couple meetings on that. That would probably likely occur sometime in May. And then the other any questions for me on that? Um the only other thing I have is that
on April 28th there's that that county land use training um that I'm plan on attending. And so depending on what our agenda looks like for May, I basically hope to come out of that with some ideas for doing just some more
continuing education at our next meeting. Okay. And that's all I have, Mr. Chair. Anyone else have anything additional to bring up? So, look for a motion to adjurnn.
Motion made by Tim, seconded by Dennis to adjourn the meeting. Any discussion? Hearing none. All those in favor say I. I. Opposed. Motion is carried. Your meeting is closed. Thanks everyone.