--------- has been taken. Hopefully people everybody got their their packets. I didn't get mine till yesterday, but thank thankfully the emails come through already on Thursday night. So
>> no delay there. >> That's right. That was email. So if there's uh nothing if everybody's had a chance to peruse them I look for approval of the agenda for tonight.
>> Second motion made and seconded all those in favor say I. >> I opposed. Motion is carried. >> Chair packet on the email. >> Who did who did the motion and who did the second please? >> Oh Dennis did made the motion and Leo
second it. Um, we had our last meeting was on July 15th. Um, nobody has any additions or corrections to the minutes. Look for a motion to approve the minutes from last month.
>> Make a motion. >> Second. >> Motion by Leo, seconded by Dennis. All those in favor say I. >> I. >> Opposed. Motion is carried. Now we have three scheduled public hearings.
The first one is northern improvement request for variance. Look for a motion to approve the public hearing. >> Make a motion. >> Motion. >> Motion made by Leo, seconded by Dennis. All those in favor say I. >> I. >> Opposed. Motion is carried. Matt.
>> Yeah. Thank you, Mr. Chair. So, the applicant seeking approval of a variance to reduce the mining uh road rightaway setback on parcel ID27.002.01 0. It's in part of the fractional north half of the north east quarter section 2 township 140 range 46 west spring
prairie township. And so um in the development code uh we have setbacks for uh extractive uses such as mining. So structure storage of excavated materials and the excavation edge have to be set back a minimum
distance of 200 ft from the rightway of existing roads and highways. This is something we looked at potentially changing when we did our code update. We did poll all the townships, especially the ones that do have several active pits, and none of them were interested in in reducing this setback at all. They
wanted to keep it at that 200 ft from the right of way. A lot of zone zoning going on here. It's the in the egg general district has resource protection aggregate, biological, and then shoreland special protection rivers and streams. Uh all
the other parcels in the area are zoned similarly. It's been used for agriculture and aggregate mining. Uh there is a conditional use permit for gravel mining that was granted in 1989 on this property. It's a large it's a very large property. So the focus though is um
kind of on the norththeast side of the property here and looking for uh to allow mining operations to be located 100 ft off the southern edge of county state aid highway 26. uh that practical difficulty that the applicant provided is that
there is good material within this setback. Um that would be used in local infrastructure projects. And then also there there is material down here but um this uh this zoning district mining is
not allowed or not permitted. So it kind of limits them there. And then they're also working uh to obtain an affidavit um to allow mining within the 100 foot east property line setback as well. As you recall, if you
recall, this used to require a variance, but now we're just going with the neighboring landowner permission because that was part of the variance request anyway. So, how's it how this request relates to 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 steward stewardship of aggregate resources and natural biotic resources. Um, and drafted kind of a finding for this that the setbacks allow the county and townships to regulate proximity and type of mining activities from a county
county or township roadway which balances the extraction of material with safety of traveling public. Then we have a goal to um foster a balanced approach to egg resource extraction that is compatible with the natural resources and rural character of Klay County and to consider cumulative
impacts of existing nearby mining operations for new and expanding operations on the environment, egglands, residential areas, and transportation infrastructure. Uh and just noting here that other gravel extraction sites in the area have been granted similar variance requests
to mine and stockpile closer than the 200 foot rightway setback. Um probably not most notably just right across the road here right here is um Klay County owns this property here to the north and we
received variance back in 200 12 or 11 I think. Um just noting that the rightway is 138t wide here. So, um really what they would be um mining is 43 ft off of the
rightway. Just for comparison across the street, um for Klay County's variance for their pit across the street, that's 34 ft off the right ofway. So, this would be a 78 and a half% reduction. Um there are p
electrical transmission lines on the property. Um, they should be able to mine 20 feet south of those those poles as well. It was 2015 when we got the variance and it was 31 feet, not 34, my bad. Um, we haven't received any comments
from the township, though I will note that a township official is here. Uh the county engineer didn't have any issues with this request at all. Just recommending that no stockpiling of material or burming within the um variance area with the requested variance area within the 200 foot right
away just due to snow concerns on um Cassad 26. Any questions for me at all? Pull this up too. I guess more of a comment than a question. Just wondering why we, you
know, in light of the two things that follow this, why we even have a 200 foot. >> I think the main reason is >> in the code. It's been in the code forever. And we've and at at least two different township meetings have asked
if they would wish to see this changed and it was met with a resounding no. A majority of our gravel pits in the county are off of township roads. So that's kind of the the reasoning there. >> So >> in this case it's not. It's off of a county road. Yep. >> So Spring Prairie Township could say no,
but they have chose not to >> for this request. likely not because it's not their road. >> Okay. >> Yep. >> Okay. Thank you. Anybody else have any questions or comments for Matt?
>> Would the applicant care to come up and speak? please introduce yourself. And >> I'm Jeff Rhynos with Northern Improvement Company and Matt already did a pretty good job of explaining what we're going to be doing, but if there was any questions regarding what our
plans are, we've talked to the um residents that live closest to that vicinity and we're staying well within off their property lines and and trying to least affect them as we can. So, this area is probably the last area in
this this big piece of parcel that we have here. So, we're we're starting to reclimate the back of it to um into hay fields and pasture again. So, that's our plan with this too is once once we're done with it to try to get the piles and everything out there as fast as we can and put that land back into production.
>> How deep is the how deep are you mining? >> It's it's a very uh shallow deposit. So it's like 8 to 9 ft deep and for the most parts. >> Okay. >> Anyone else have any questions for the applicant? Anyone in the audience care to speak for
or against? >> Leon Schloffman. >> Please come to the mic and state your name, please. >> Good afternoon. My name is Leon Schloffman. I am one of the elected supervisors for Spring Prairie Township.
At our last meeting uh a week ago, we uh discussed this a little bit. It doesn't affect Spring Prairie as far as one of our roads, but it is in our township and it does affect some of our residents. We are one of those that are in uh
agreeance that uh we would like to maintain that 200 foot setback. Um, we had went on record within our minutes of uh opposing any setbacks uh beyond the 200 ft.
If you're going to agree to this setback, again, this is on the county property or on a county road and uh we again don't have much say in in that portion of it. But um my our biggest
concern is we're starting to look like the lunar landscape out there. Things don't get reclaimed in a timely manner. Um weed weeds get way out of control. Um I have no doubt in my mind that Northern's a good company. They're going to take care
of that. I worked with a few of them and uh things are a little better than they used to be. But again, if you're going to allow this variance, strict oversight, uh would be requested from the township and the township officials. Um again, we're not
in agreeance to having them go beyond the 200 ft. We put these rules in place. Uh and we just want them followed. So, it's all I have. >> Thank you. Anybody have any questions for So, Matt, you said that the township
did not go back to didn't didn't get back on any comment or >> No, I had I had not received any comment from the township until No. >> Yep. >> I guess I just had planned on coming and talking. >> I didn't send anything in. We didn't send anything in.
>> Thank you. Anyone else in the audience wish to speak for or against? Anyone in the audience wish to speak for or against? Anyone else in the audience wish to speak for, against, or online?
Hearing none, look for a motion to close the public hearing. >> I have a I have a following follow-up question. >> Certainly. Have there been any uh any complaints about this mine or any any issues with weeds that haven't been addressed >> for this particular pit?
>> He mentioned he mentioned weeds. Um was it weeds? You you mentioned >> lunar landscape. lunar landscape. Yeah, for this particular pit, no, I have not received any >> complaints. Okay, no hearing no further comments or questions. Look for a motion to close
the public hearing. Motion by Tim, seconded by Dennis. All those in favor say I. >> Opposed. Motion is carried. improvement to go through the findings of fact.
And as everybody knows, we must get a agreement or a yes on every condition in order for this to pass. Is granting the variance in harmony with the general purposes and intent of the Klay County Land Development Code?
>> Yes. Gravel extraction and related activities are the primary use within the resource area aggregate zoning district. 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 by demonstrating the applicant proposes to use the property in a reasonable manner not
permitted by an official control exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same district or vicinity and which result from lot size, shape, topography, or other
circumstances over which the landowner has no control or influence. Granting the variance will not alter the essential character of the property's locality. Practical difficulties as used in
connection with the granting of a variance mean that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the land owner is due to circumstances unique to the property not created by the land
owner and the variance if granted will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Variance shall be granted for earth sheltered construction as defined in
section 21c.06 06 subdivision 14 when in harmony with the official controls and I'm going to say that yes that that yes I mean it it with him saying that you know the gravel is is relatively
shave shallow I that easily reclaimed it's it's I agree 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 eliv aliate the practical difficulty? >> Yes.
The request Yeah. Does the variance request meet all the below criteria? No variance shall be granted where any of the conditions are not met. Adequate sewage systems or water supply capabilities can be provided.
The plate over the plate of land owner or hardship is not due to circumstances created by the land owner. Yes. The land owner has no control over the location of the aggregate reserves on this site. The variance would not allow a use that
is not already allowed in the zoning district. Yes. There would not be significant adverse effect on the public health or safety. >> Yes. To keep 2200 ft.
Conditions may be imposed in the granting of variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Mining can occur as close as 43 feet
from the road rightway of County Road 26, also called 90th Avenue North. No stockpiling of material or top soil top soil burm shall take close take place closer than 200 ft from the road. right
away. County Road 26. >> I think condition number two is very important and should be there. >> Any thoughts or anybody want to add or modify
conditions? Nope. Hearing none. Look for a motion to approve or disapprove the variance. >> Make a motion to approve. >> Motion by Leo to approve the variance
with conditions one and two. >> Second by Tim. Any further discussion? Hearing none. All those in favor say I. I. >> Opposed. Motion is carried. Variance is
granted. Next item on the agenda is a request of variance from Alexandria Gravel Products. Um, looking for a setback, an after the-act
setback. Look for a motion to open the public hearing. >> Motion by Dennis. >> Second. >> Second by Tim. All those in favor say I. >> Opposed. Motion is carried.
Public hearing is open. Matt. >> Thank you, Mr. Chair. You'll notice a theme with these uh variance requests tonight. Uh so this applicant is seeking approval of an after the fact variance to reduce the mining road rightway setback for scale house on parcel ID
11.007.37000. It's in the south half the southeast quarter of township 141 range 44 west section 7 Goose Prairie Township. So again, same um uh variance request to this specific development code section.
Uh the zoning is actually very similar to on on this property. Um the only addition would be general flood plane. All the mining is taking place in the um egg general and resource protection aggregate zoning district. So kind of
along here um it primarily is agricultural parcel for pasture and aggregate mining. They received an interim use permit to mine in 2022. And so this variance request is um for a mining operation specifically a portable
scale to be 160 ft off the property or 175 ft off the center line. Um the practical difficulty provided is the power supply is located at this location and it would be need to be extended the scale would be need to be extended the scale would need to be moved and recalibrated
um which would be co costly. Um also the scale is likely going to be removed in 2026. Um and the applicant is also working on uh similar to the previous request a um a uh after the fact
affidavit for mining into the 100 foot property line setback. If they're not able to get that, they'll have to reclaim this this fall. Uh the comprehensive plan goals and objectives related to this um request
are the same as the previous hearing. uh township does not have any concern. This would be Goose Prairie Township. They don't have any concern with this request. Um county engineer also has reviewed this. Doesn't have any any concerns. Um also any questions for me
at all. >> I It's going to be moot because they're going to move it or be gone from there next year. But so did they just run power 175 ft instead of 200 ft
>> when they put scale in? >> I would assume that's possible. Um the applicant is online so whenever it's his chance to speak I'll let him speak to that. >> Okay. >> Okay. Any one have any questions or
comments for Matt? since at least 2022. It was previously um located to the south or there was a scale on um I believe it was this property to the south uh that was destroyed in an arson
fire actually and so then they they got a new scale and moved it to the new location. Okay, I guess hearing no other questions or comments for Matt. Um, invite the applicant to who is online and invite
invite him to introduce himself and talk to us. Say Corey, we're having difficulty here. I don't think we can hear you at all. Still nothing. >> Yeah, I think it's on on his end. >> Yeah, on his end. Yeah.
>> The other thought would be to I think he's going to call in. >> Oh, Darren can hear him. So other folks that's are online can hear him, but we can't. >> Which is strange cuz we're online too, just like everyone else. So yeah.
Hey Darren, can you just test your mic to see if you come in through the audio? No, Darren's not coming in either. Was it on our end? >> Hey Matt, can you hear me at all now? Hear me?
>> Yep. >> Can hear you again. >> Again. And again. There he was. Like the 30 pointer gone. >> I turned it off just because the echo. Um, let me see here. Okay, let's try it again now.
All right. Can you hear me now? >> Yep. I think you might just want to hang up your There we go. Yeah, I think we're good now. >> All right. So, we're we're good now. >> Yep. Thanks, Corey. >> You're good. Go ahead, please. >> Are you there? >> Yep.
>> Yes. Okay, you can hear me now. >> Yep. >> All right. Sorry about that. I don't I don't know what the deal was. >> That was our That was our fault. Our problem. >> Okay, >> you're good. >> All right. So, no. >> All right. Thank you guys. Uh so, you know, Matt did a job explaining kind of
where we're at. Um I think the the scale was just placed there honestly by mistake. The power was trenched in and just placed and nobody was really honestly thinking of the 200 foot setback. I think we're probably about 40 ft off of that. Um, I know our lease on
that pit is up in May of 2026. Um, so that, you know, it may or may not get removed at that point. But I guess at this point, we're just looking for a variance for just where the scale is located currently. Okay. Anyone have any questions or comments
for Corey? >> Nope. pretty straightforward. Um, anybody in the audience or online that wishes to speak forward or against or can I just let him go?
Anybody in the audience wish to speak for or against or online? Anyone in the audience wish to speak for or against? Okay. Thank you, Corey. >> All right. Thank you guys. Um,
hearing none. Look for a motion to close the public hearing. >> Make a motion. >> Motion by Leo, seconded by Dennis. All those in favor say I. >> I. >> Opposed. Motion is carried. Is granting the variance in harmony with
the general purposes and intent of the Klay County Land Development Code? Yes. >> Is the variance consistent with the Klay County comprehensive land use? >> Yes. >> Does the applicant establish that there
are practical difficulties in complying with the strict letter of the Klay County Land Development Code by demonstrating the applicant proposing to use the property in a reasonable matter not permitted by official control. Exceptional or extraordinary circumstances apply to the property that
do not apply generally to the other properties in the same district or vicinity and which result from lot size, shape, topography or other circumstances over which the land owner has no control or influence.
Granting the variance will not alter the essential character of the property's locality. Practical difficulties as used in connection with the granting of a variance mean the property owner proposes to use the property in a reasonable manner not permitted by an
official control. The plight of the land owner is due to circumstances unique to the property not created by the landowner and the variance if granted will not alter the essential character of locality. Economic considerations alone do not
constitute practical difficulties. Variances shall be granted for earth sheltered construction as defined in section 21c.06 subdivision 14 when in harmony with the official controls.
Yes. 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 a variance request meet all the below criteria? No variance shall be
granted where any of the following conditions are not met. Adequate sewage treatment systems or water supply capabilities can be provided. Plight of the land owner or hardship is not due to circumstances created by the land owner.
Yes. The variance would not allow a use that is not already allowed in the zoning district. >> Yes. >> There would not be a significant adverse effect on the public health or safety.
>> Yes. >> Okay. And staff has one condition on here. Um only the scale house can be located 175 ft off the center um
of county state aid 33. No other mining activities can be located within the 200 foot rightway setback. Does anyone have any other conditions or adjustment
to the conditions they'd like to add or subtract? Multiply or divide. So Mr. Chair, one thing you'll have to just be cognizant of is that a variance runs with the land. So it would become essentially it would
become a land right. So if someone else wanted to come and mine there, they could put the scale house in the same spot essentially if they had chose to put a scale house there. But if with this condition, if they wanted to mine up to the 200 foot right away, they
wouldn't be able to without a new variance. >> So, we can't do a 12-mon variance. You either do a variance or you don't. >> Yep. >> Not like a cup or >> No. >> Well, and the findings of fact they all
do mention each and every time landowner Not a good operator. >> Well, I think it was careless and shortsighted of them not to do it, but it's 40 ft, >> right? >> And years.
>> He's been at least >> four years coming up. Five, I think. I'm guessing someone measured from the edge of the road versus the center of the road. >> Could be or didn't measure >> or to measure. I guess I guess it's kind of what you said. >> That's how much how much line they had.
But and not hearing anything from township. There are a lot of mines up there. I mean, aggregate's there and they're there and I guess I would be okay with the condition that he has
as long as the 200 ft mining setback and that would be on the operator, not necessarily the land owner. >> Okay. Motion by Tim. >> Second. >> Second by Dennis. All those in favor say I. >> I. >> Opposed.
Motion is carried. Variance is granted. Chair. Did that motion include the um condition >> with condition one as printed? >> Thank you.
Third hearing, Westland Excavating is also looking for a after the fact variance um in Keen Township. Look for a motion to open the public
hearing. >> Motion by Tim. >> Second. >> Seconded by Dennis. All those in favor say I. >> I. Opposed. Motion is carried. Public hearing is open. Ma'am. >> Yeah. Thank you, Mr. Chair. So, this is
a request um from Wesland X excavating for approval of an afterfact variance to reduce the mining road rightway setback on parcel ID7.03.0000 part of the fractional section 30 um and parcel 17 um 031.01000
part of fractional section 31. Township 141 range 45 west section 30 and 31 Keen Township. So that's right up here. So again looking for a variance from the
same um section of our development code. Uh the zoning here is um egg general resource protection aggregate. There is a little bit of shoreland um on the south far southeast court of the southern parcel. Um it's primarily used
for agriculture uh and aggregate mining. Uh they did receive an interim use permit for gravel mining in 2024. So, what they're looking for is essentially a after the-act request um for mining operations, including a scale
to be located up to 50 ft off the center line of 170 street north be 17 ft off the right of way instead of the required um 200 f feet. um their their practical difficulty that they provide is that the current location provides the best
access to the roadway and the all the good materials located kind of hugging up against the road and the um within the setback. They are working on obtaining um that affidavit from the property owner through mining which should be pretty easy because I think
they're the same property owner. So, uh, comprehensive plan, um, similar goals goals and objectives, um, as the previous two public hearings. We didn't hear any, uh, comments, um, from the
township, um, or anyone else about this request. There's similar variances. This is not a very welltra traveled road. I honestly think the only folks who really use it are um the operators of these pits really are
the main users um of these three two pits. And now this third one right here. Uh um who's ever farming it? Um Mr. Bureicken to the north and bird watchers. That's basically all who uses
it. It's not like a through road or doesn't get a lot of traffic at all. So, any questions for me at all? >> How deep are they going? Say 17 ft off the road. >> They'll be Yeah, 17 ft off
>> to a They would have to slope it. Um, yeah, at least four to one, I think. Yeah, >> that's in the rules guidelines. >> Yeah. Well, final their final they couldn't have any high walls or anything like that, but yeah, final reclamation
would have to be sloped. Yeah. Okay. >> Yep. >> Anyone else have any questions or comments? Matt, the applicant care to come up and speak and introduce yourself and
tell us what you're wanting to do? >> Hi, I'm Jeff with Wesland Excavating. Uh, we actually subleed this pit to Alexandria Gravel and I didn't realize that they had stripped up that far and set their scale
host there till I met up with Erica for the inspection. But I talked to all the town board members and uh they were going to be here tonight, but they couldn't make it. But they're all fine with it because it's a deadend road and
nobody really travels down it much. So, um I would make sure that it's sloped plenty good off of the roadway if the mining does occur up to it, I guess. >> So, how deep to Leo's question, how deep
are you going for gravel? I stopped out there earlier today just to look and I seen they had dug some holes and it's they hit some nasty clay not very far down. So I would assume it's not going
to be very deep cuz the clay looked like it was 8 10 ft deep and that would be too much of a burden to go through I would think. So what you're everything the scale of this is this the same scale that we talked about in the last hearing?
>> Yes, Mr. Chair. Well, it's not same scale but same outfit. >> Yeah. And just as far as depth, um I know like this uh Dur Dynamics pit is fairly I
wouldn't say deep, maybe you know 20 plus feet deep in some spots. Um this pit to the north, it's very similar to um the first variance request we heard where it's just a very thin shallow
gravel deposit um where you essentially have your top soil, a thin layer of clay, then you have the vein of gravel, and then that more clay essentially. Um, I think you'd have to go you have to go pretty deep before you you have to go
through a lot of clay material before you get to the um to the next deposit essentially. Okay. >> Anyone else in the audience or online that wishes to speak and ask or ask the
applicant any questions? Anybody in the audience or online that wishes to speak on this for or against? Anyone else in the audience or online wish to speak for or against? Thank you, Jeff. Um, hearing none. Look for a
motion to close the public hearing. >> Make a motion. >> Motion made by Leo. >> Second. >> Seconded by Tim. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is closed.
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 by demonstrating the applicant proposes to use the property in a reasonable manner not permitted by an official control?
Yes. Exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same district or vicinity and which result from lot size or shape, topography or other circumstances over which a landowner has
no control or influence. Granting the variance will not alter the essential character of the property's locality. Practical difficulties as used in connection with the granting of variance mean the property owner proposes to use
the property in a reasonable matter not permitted by an official control. The plight of the land owner is due to circumstances unique to the property not created by the landowner and the variance if granted will not alter the essential character of the locality.
Economic considerations alone do not constitute practical difficulties. Variances shall be granted for earth sheltered construction as defined in section 21c.06 subdivision 14 when in harmony with the
official controls. 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 the ordinance?
Yes. >> Is the variance being granted the minimum variance that would alleviate the practical difficulty? >> Yes. >> Does a variance request meet all below criteria. No variance shall be granted
where any of the following are not met. Adequate sewage treatment systems or water supply capabilities can be provided. The plight of land owner or hardship is not due to circumstances created by the land owner. >> Yes.
>> The variance would not allow a use that is not already allowed in that zoning district. >> Yes. >> There would be no significant adverse effects on public health or safety. >> Yes.
Okay. And Matt and staff have three conditions. I think you know number three is important and um concerns with slope and even you know dead end road and drunk
somebody driving off the end if there isn't a slope they can't roll their car >> drunk bird watcher >> or somebody with a tractor and a bor >> and Mr. Chair and board, is that a condition that you'd want to put on this variance about
>> well you have >> minimum slope >> the slope? >> Yeah. >> What is required? >> So 4 to one. >> Four to one. >> Yeah. >> Yeah. >> Okay. >> Okay.
I guess I I I had misread. I thought it was 17 feet from like the edge of the road was off the right. It was 17 off the right. Okay. >> Yep. >> I was picturing like 17 feet off like >> off the road. Yeah. >> Yeah. >> Okay. I misread that.
>> So, we're golden with the three. Okay. I'm hearing no further discussion. Look for a motion to approve or disapprove the variance with the three above conditions. Dennis made the motion. >> Second.
>> Seconded by Tim. All those in favor say I. >> I. >> Opposed. Motion is carried. Variance is granted with the three conditions. Thank you everyone. Do we have any unfinished business? Mr. Matt,
>> I do not, Mr. Chair. >> How about new business? >> Um, the only thing I just want to mention with the new businesses did go to the land use training in Wayade Park uh a couple weeks ago and um good training for the board of
adjustment really. I think big focus was on going through the findings of fact and establishing the record and they had some good examples of um how that can be used in court cases and how it's been used in court cases and other
um situations across the state of Minnesota. Um I think like you did a good job tonight just kind of on findings that you don't have to you have to read each finding. You don't have to
address each finding. Um but it is important if there's something that related to the request, the variance request, um that if there's something you want to discuss, do discuss it and that will get put in as a finding. Um
and it's totally acceptable to just say this finding isn't applicable to this request and just not even have a yes or a no on it. Um that's like for example the septic ones for um gravel pits. Yeah. That would not be
>> just being an NA. Yep. >> Mhm. Yep. >> Well, that doesn't reference the outouses that they all have out there or required to have out there for mining operations. >> It's really related to to septic and not necessarily just bathroom facilities. Um
because that's just how it is in in Minnesota rules. Um, but yes, if they're talking about like an interim use or permit for mining, yeah, that's something that we always have as as a condition on there. Yep. Um, I think you could broadly construe it as Yeah, you
could you could include that in there. I think the intent though is really for septic, but >> yeah. >> So, that's always going to probably be adequate, I would imagine. Yeah. Yeah.
Yep. So, um, yeah, those were kind of the main takeaways from the training just that would directly relate to the board of adjustment. There'll be another one in the spring. So, I'll there usually one in the late
summer and then the spring. So, I'll be sure to let you know about that. That's all I had. >> Thank you. Anything in the cooking in the books for next month? >> So far, no.
>> So, if we have a meeting next month, it will be September 16th. Okay. Okay. Anybody else have any old, new, used business to bring up. Hearing none,
look for a motion to adjourn the meeting. >> Motion by Tim. >> Second. >> Seconded by Dennis. All those in favor say I. >> I. >> Opposed. Motion is carried. Meeting is adjourned. Thanks everyone. Part: 2
Motion to approve the agenda if nobody has any. >> So move. >> Motion by Curt Shervin. >> Second. >> Second by Sebastian McDougall. All those in favor say I. >> I. >> Opposed. Motion is carried.
Agenda is approved. Um, next on the agenda is our minutes from last month's meeting on July 15th. Anybody have any additions or corrections? Hearing none, look for a motion to approve the
agenda or the minutes. >> So moved. >> Move a motion by Ashley. >> Second. >> Second by Kurt Dubstead. >> Shervin. >> Shervin.
>> Um all those in favor say I. >> I. >> Opposed. Motion is carried. Minutes are approved. Is there anyone in the audience that wishes to speak for wishes to speak to something that is not on the agenda?
Is there anyone in the audience or online that wishes to speak to something that is not on the agenda? Is there anyone in the audience that wishes to speak on something that is not on the agenda? Hearing none, moving forward to the
public hearings. Our first hearing of the evening is Manota Power request for a conditional use permit. Matt or um for a motion to open the public hearing. >> Mr. Chair, I'll offer a motion to open the public hearing. >> Second.
>> Motion by Jenny, seconded by Curt Stubstead. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is open. Matt. >> Thank you, Mr. Chair. So, the applicant seeking a conditional use uh for a
substation at 501990th Street South in Glendon, Minnesota 56547 on parcel ID 10.033.11 01. It's part of the northeast quarter of the northeast quarter of section 33, Township 139 North, Range 47 West in
Glendon Township. So this is um on the south side of County Road 75 uh west of Interstate 94 and east of um northeast of Sabin properties as currently has a substation on it. Uh it is zoned agricultural
general and there is a little bit of flood plane fringe just in the mainly in the ditches though on the north side of the property. So the request is to rebuild and expand the Sabin substation. They're looking at moving it approximately 150 ft um to the south of the current location um and
then continue operating the existing substation until the new facility is complete. Just review of this um it does meet or exceed all setbacks. Uh would take less than an acre of prime farmland out of production. We did not receive any public comments nor did we receive any
comments from Glendon Township. uh how this request relates to our comprehensive plan. We have a goal uh in our in commercial and industrial goal category to encourage commercial industrial development that is in harmony with egg and rural character of
Klay County. Um and to promote value added egg commercial and industrial development in egg service centers and along transportation corridors and hubs. Um this is really just critical infrastructure. It supports egg operations just ensuring reliable
electric service in rural areas. Um it's in a egg sending along a rural road network. Um which so aligns with the intent to place essential services where they support the rural economy. Uh it's not in any environmentally
sensitive area. Uh it is immediately surrounded by active farmland with no immediate rural residential uses. Um so expecting to have minimal noise, traffic and visual impacts. Um the existing substation has been there for years
without any conflict. Um the relocation would be within that same property and maintain compatibility. Any questions for me at all? Here's its location. So essentially they they would just be expanding this parcel out and then
moving it to the south. >> What will they do to the existing site when the new one is built? >> Oh, once it's complete, I think just decommission it, but I can let the applicant speak to that in more detail. >> Anybody have any questions or comments
for Matt? Hearing none. Would the applicant care to come up and speak to the project? Please introduce yourself. >> Hi, I'm Rebecca Mask with Manota Power. I'm in the rightaway department and I brought along Jeff Jonke. He's a
engineer at Manota Power. Um the rebuild is just um to replace aging infrastructure. Um and we are moving it south just so while it's being constructed that we're able to keep the existing um substation in use. So um uh
the existing um site will be decommissioned and will be planted grass and uh the existing uh access road will be um will be taken out and being relocated just to so we'll only have one
access to that parcel and um that has been permitted with the um watershed district and has been approved on the 11th. So, >> okay. So, you will retain ownership of the land. It'll just go back to a native habitat or
>> correct. >> Thank anyone else have any questions for the applicant? >> Thank you. >> Okay. Thank you. >> Is there anyone else in the audience
that wishes to speak for or against or online. Is there anybody in the audience or online that wishes to speak for or against? Is there anyone online or in the audience that wishes to speak for or against?
Hearing none. Look for a motion to close the public hearing. >> So move. >> Motion by Kurt Shervin. >> Second. >> Seconded by Sebastian McDougall. All those in favor say I. I. Post public
hearing is closed. Okay. The conditional use will not be injurous to the health, safety, morals, and general welfare of the residents of Klay County. The conditional use will not be injurous to the use and enjoyment of other
property in the immediate vicinity for the purpose already permitted. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area.
Adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking and loading spaces as required by this ordinance. Adequate measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise, vibration, water pollution, soil erosion so that none of these will constitute a nuisance. and to control lighted signs or other lights in such a manner that no disturbance to neighboring properties will result.
The conditional use will not create an excessive burden on current or anticipated public infrastructure or services that serve are proposed to serve the area including to but not limited to parks, schools, public safety services, roads, water supplies,
sanitary sewers, storm sewers, unless the county and the applicant establish a development agreement that determine how such impacts will be resolved. The conditional use is allowed by this ordinance and conforms with any specific
use standards established in chapter 8 as may be applicable. The conditional use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of a township or city
as may be applicable. So staff has six conditions that they have recommended. And Mr. chair of the one condition was was added a little bit late or suggested
condition just about lighting just being downcast and directed away from nearby properties to the greatest extent possible. I know that's not always possible with these these types of projects, but um there have just some other examples in Klay County of much larger substations though that have had
some custom issues with with lighting. So, anything that can be done to reduce that or mitigate that um I think would be appropriate. Even though there isn't a directly adjacent residential property, there are there is at least one in the in the
vicinity. >> I believe that's a valid condition. Mr. Stiken, >> Mr. Chair and Matt, is there lighting that exists there now? I believe so, but you might want to ask the applicant of that
just to clarify. >> State your name again, Jeff. >> My name is Jeff Jonkey. There's one light in the northeast corner. >> There you go. >> On a poll. >> Hey, why don't you just stay up there, Jeff? Um, one other So, not hearing a
lot of talking or discussion. Are you guys able to, willing, and understand the six conditions that are proposed and are you able to work with them? >> Yeah. >> Okay. Thank you. >> Thanks. Anyone else have anything to add?
Hearing none, look for a motion to either approve the cup or disapprove the cup with the conditions listed. >> I'll make a motion to approve the conditional use permit um with the six
conditions. >> I'll second that. >> Motion by Ashley, seconded by Curt Stubstead. Any further discussion? >> Hearing none. All those in favor say I. >> I. >> Opposed? Motion is carried. Conditional
use permit is granted. Next item on the agenda is a interimm use amendment for um Wesland materials. Look for a motion to
open the public hearing. >> Motion by Laura. >> Second. >> Seconded by Ashley. All those in favor say I. >> I. >> Opposed. Uh motion carries. Public hearing is open. Matt.
>> Thank you, Mr. Chair. Yeah, this is a request for an interim use uh mining permit amendment to change a condition for the dates of operation. This would be on parcel 17.012.4000 in the southeast quarter of the southeast quarter of section 12 township
141 north range 45 west Keen Township. So I'll just zoom to that. So it's this parcel right here. This parcel So this is on the um west side of um
CASA 33 in between um CASA 34 to the north and CASA 26 to the south. uh they did receive a interim use permit for a 39 acre gravel mine in 2021 and then in 2022 they did receive variances to
setbacks um property line setback to the south uh road rightway setback and then there was a residence here. These residences have been basically um removed or in the process of being removed. Um they did receive setbacks a variance to those setbacks as well. Lots
of uh zoning on this property. Um the main zoning where the actual mining is occurring is uh agricultural general and then resource protection aggregate uh which mining is permitted as an interim use in these zoning districts. So what they're looking to do is they're seeking
an amendment to their permit um for gravel mining just to expand their operating dates um in the two of the first quarter of the year. So January through April. Um, condition nine on their current permit limits mining operations from April 1st
through December 31st uh between the hours of 7 a.m. and 7:00 p.m. and Monday through Saturday and no noise producing operations on uh Saturday. So the primary hall routes um are on CASA 33 to either 26 or 34 and these are
all paved roads. Um county engineer does not have an issue with this request. We did not receive any public comment or township comment at all as well. Um, all right. So, I'm going to hit you with the proposed condition amendment. It's a little wordy, but essentially,
um, everything is essentially the same except allowing for mining operations, which would exclude any excavation or expansion um, between 7:00 a.m. and 7:00 p.m. Monday through Saturday, be allowed year round essentially. Um and then
excavation expansion of of the pit would be permitted in the normal their current um operating window of April 1st through December 31st between 7 a.m. and 7:00 p.m. in hauling only during period of posted seasonal load restrictions shall occur only on paved roads or other
routes approved in writing by the highway department or township road authority. Uh and then if the operator needs to operate beyond stated days and hours, they notify the planning office and uh of the reason and length of time. So extended hours can be approved and affected property owners may be
notified. So really these are it's essentially the same just be allowing some additional stockpiling activities, maintenance, and um hauling. And I think that's the main thing that they're asking for is the hauling just in January through April. Um,
and I think one of the the big reasons why we currently do not do that is just with this the road restrictions and the conditions of roads of of pits that are located on um township roads or gravel roads where in this case um you have a
paved highway that connects to two of the major paved highways in the northern part of the county. So, any questions for me at all? So there's no So there those are those are all 10 ton
roads year round even in the spring. >> That's my understanding from talking with the county engineer. >> Guess he would. >> They're all county roads. So yep, >> Mr. Mr. Chair and Matt, it says only one comment was received requesting hours of
7 to 7. >> Are they just requesting what's already >> correct? 7 to 7. Yep. >> Mhm. >> Um, Mr. share another reason for maybe adding in the uh clause about um
hauling during periods of posted seasonal load restriction shall occur only on paved roads or other routes approved just in case they might be hauling to a location where you would need to take a township road. But just based off of the road network
in this area, that is not likely. >> Yeah, they'd have to follow the load limits no matter >> no matter what. >> What? >> Yep. >> And if we get a lot of snow or a lot of rain, there won't be any mining. >> Yep. >> Okay. >> Anybody have any anything further, Matt?
Or any questions for Matt? Would the applicant care to come up to the mic and introduce themselves. And >> hi, I'm Jeff with Westland Excavating and we're looking to extend our operations into the first quarter cuz we
get some projects in the wintertime where we need to haul some sand for back filling and some other materials. probably won't be any mining going on with the Minnesota winters, but uh
I've spoke with the township and they didn't have any issues with it, I guess. So, >> so it you're not anticipating, not that you couldn't, but you're not anticipating actual mining. You're just going to be removing from stockpiles?
>> Yes. Does anybody have any questions for Jeff? Thank you. Anybody in the audience wish to speak for or against? Anyone in the audience wish to speak for
or against? Anyone in the audience wish to speak for or against? Hearing none. Look for a motion to close the public hearing. So moved. >> Motion by Sebastian, seconded by Josh.
All those in favor say I. >> I. I. >> Opposed. Motion is carried. Public hearing is closed. Okay. Mr. Chair, a question. Have a question. >> Certainly.
>> Okay. Thank you. Uh, are we, you know, I I think we've tried to be as consistent as possible at this board. Are we concerned about um variances in what's been being allowed with other companies? I mean,
we've tried to remain semiconist. Are we worried that we'll have an onslaught of gravel pits coming for amendments to their conditions? >> Uh, Mr. Mr. Chair and Commissioner Mojo,
I certainly possible um and in terms of of being consistent um with how um each permit is handled and addressed. Um you know, it might be totally appropriate for if you have a
gravel pit on a paved road or a 10-tonon road that can can handle um additional hauling during the first part of the year. I would I would I believe that that would be maintaining that consistency. Um because you'd be
treating all of those similarly situated pits and pit operators the same. >> Um I might ask just further clarification in regards to um the gravel t in the review it talks about the gravel tax that was re identified
first quarter. Is that receipts? Is that how it was? It's it's self-reported. So, um every quarter um every pit operator um reports their um the materials removed from the
pit from a pit. And once essentially the gravel tax is um is applied once that product or material hits a public roadway. >> Um so it's not when it's sold or anything like that. It's actually when it's removed from a public or move moves
onto a public roadway. Um and uh operators are required to report every single quarter and um whether or not they remove material. So for the f first quarter, what we typically will almost always get is um big fat goose
eggs. So zero um but they have to report. >> But there was some that was >> there was reported during that first quarter. Yep. And so in comparing it with the conditions on their permits like well this is this h o occurred
outside of their um their um permitted window of operation. Yep. I guess and and just further, you know, to what the county engineer the reason he probably likely gave the nod ahead with this is
there are other a organizations or businesses aggregate um type egg commodity that is on the road during these frozen times too. I think so where the fine line is that we're not approving anything that's active mining
per se outside of these these times. It's just the hauling. Correct. >> Correct. >> Thank you, Jenny. The interimm you now time for findings of fact. The interimm use will not be injurous to the health, safety, morals, and general welfare of the residents of
Klay County. The interimm use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. The establishment of the interimm use will not impede the normal and orderly development and improvement of
surrounding property for uses predominant in the area. Adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking, and loading spaces as required by this ordinance.
Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a nuisance and to control lighted signs or
other lights in such a manner that no disturbance to neighboring properties will result. The interimm use will not create an excessive burden on current or anticipated public infrastructure or services that serve or are proposed to
serve the area including but not limited to parks, schools, public safety services, roads, water supply, sanitary sewers, storm sewers. Unless the county and the applicant establish a development agreement that determines
how such impacts will be resolved. The interimm use is allowed by this ordinance and conforms with any specific use standards established in chapter 8 as may be applicable. The interimm use is consistent with the goals and objectives of the Klay County
comprehensive and transportation plan and any comprehensive plan of a township or city as may be applicable. Staff has 13. Listen, Mr. chair, the the conditions um
the 12 conditions would remain the same as they are on their current permit. Um would just be that condition nine. Anybody have any thing to add or discuss conditions.
>> Mr. Chair and Matt, I know we technically don't need to ask them if they can abide by the conditions because it's a IEP, but is that kind of what we've been trying to follow? And Mr. Chair and Mr. Sen, yeah, for an IEP, we
would want to ask if there they were okay with this. Yep. The applicant. >> Okay. Jeff, do you understand and have read and able to follow the conditions that have been
proposed prior to us voting on your proposition. Thank you. Now, I'm assuming that, you know, the conditions are all from mostly the same as they were for the
initial. They're just looking for a modification of the first order. >> Correct. They're all the exact same except for condition nine. >> Okay. Well, um hearing no questions or comments. Look for a
motion to approve or disapprove the IUP, the change to condition 9. I'll make that motion to approve that the permit be issued um with the addition of number nine and all of the
other conditions. >> Motion made by Ashley. >> Second. >> Seconded by Curt Shervin. Any further discussion? Hearing none. All those in favor say I. I. opposed.
Motion is carried. Up is granted. Next item on the list is novel Noville request for a
cup for a solar garden. Look for a motion to open the public hearing. Wford. >> Motion by Jenny. >> Second. >> Second by Laura. All those in favor say I. >> I.
>> Opposed. Motion is carried. Public hearing is open. >> Thank you, Mr. Chair. So, the applicant seeking a conditional use for a 1 megawatt community solar garden on parcel ID 08.034.2500 2500 in part of the norththeast half of
the northeast quarter of the northwest quarter of section 34 township 141 north range 46 west flowing township. So this property is on the east side of um trunk highway 9. It's about 5 miles a little over 5 miles south of Felton. Um
it's agricultural. Uh there is already a 1 megawatt uh solar garden um that was permitted in 2019. and it was one of the first in the county. Uh zoning of the property is egg general. Uh they're looking to establish that 1
megawatt community solar garden on approximately 10 acres of farmland. Um essentially a community solar garden is a a subscription model um that allows residents, businesses, and other entities to subscribe to solar power and receive credits. It's through um Excel
Energy. So Excel Energy customers in Minnesota. So looking again at their site selection criteria, um looking at for level terrain, looking at sunlight, proximity to electrical infrastructure, that's probably the biggest one. Um landowner participation,
they'd be interconnecting to the grid through Excel Energy. They aim to um begin construction in 2026. It have about 2500 solar panels, so single panels looking at a 30-year project lifespan. Um there would be they had
established a beneficial habitat pollinator vegetation um and they intend to develop own and operate the project. So they'd be looking to access trunk highway 9. Um so there's a uh
intermittent stream ditch complex to the north and on on this this township road. So they'd be looking at using um an a existing access um on Highway 9. They would need uh a permitting um do remote monitoring of the project and then some
by annual or twice annual inspections. Um and that project project lifespan is 30 years. It can be extended um with equipment upgrades and a new landowner agreement. uh included is a they had a vegetation management plan, storm water management
plan and then a a decommissioning plan as well. Some considerations um is that in the project they indicate that there would be overhead electrical line running from the project to trunk highway 9 would
likely interfere with farming operations and things like that. In our code, we require them to bury that. Um, so typically what a operator will do was they'll bury the line though they do need it to come up for at least there needs to be three
poles before they can interconnect with um um to Excels to Excel's um lines and that's a requirement from Excel. Um, also there are two residences to the west. Um, one up here, one down
here. And so also in our code, we do have a requirement for screening, vegetative screening. Um, and that's really it's a requirement, but the planning commission has some latitude on whether or not to require or what type of screening or anything like that.
would take um 10.3 acres of prime farmland out of production uh put it into the the solar um garden and then also the um pollinator beneficial habitat.
Uh we did not receive any public comment or township comment. We did receive comments from MDOT just regarding access and right-of-way permitting. So, um, for the access that would require an access permit and then any work that was utility work that would be done in the in the rightway would require permitting
as well. Um, comprehensive plan goals and objectives related to this request. We have a goal to support the long-term protection of the county strong and diverse egg economy. Um, this has come up before, but community solar gardens just adding diversity to the agricultural economy, allowing for
producers to diversify their operations and revenue streams in a manner that's not entirely at odds with egg production. Um, ensuring new development is compatible with the character and quality of the county's egg areas. Um, can be seen as as detracting um from the
egg character of the county. All of them are virtually installed along major transportation corridors and hubs. would take um we have a objective to protect prime egg soils from commercial industrial and residential development.
This would remove about 10 acres of prime farmland um or prime farmland if drained for a minimum of 30 years. Could be could be uh restored to farmland um at the end of that 30 years could could potentially be extended again. Um, and
again, it's another it's a small scale relative to our total prime farmland in in the county. We also have a goal to encourage commercial industrial development that is in harmony with the rural and agriculture and rural character of the county. Um, been talking to a lot of
folks about this. Some see it as distracting from their real aesthetic uh and landscape. Some also see it's just um, you know, a new part of the of the egg landscape as well. uh again and avoiding or mitigating
against commercial and industrial development in and near environmentally sensitive areas. This project is not is not in it or near any in identified environmentally sensitive areas. Um they have done some wetland delineations though as part of this project as well
and are not avoiding I think there's one wetland they're avoiding. It's a small wetland. >> Okay. Um avoid and mitigate against commercial industrial development that increases potential for land use conflicts with rural residential egg uses. Is a relatively passive use um does not
generate excess traffic noise, vibrations or dust. Um only during the construction period really. And then we have a goal to grow and restore prairie and woodland habitats in Klay County for the benefit, enjoyment of Klay County businesses, residents, and visitors. Uh and this project would
result in about 10 acres of pollinator and wildlife habitat. And that's essentially here um establishing prairie. We have a goal an objective under that to provide um incentives essentially to um
establish prairie woodland out areas on properties to provide ecosystem permitting or ecosystem services through permitting. Uh we do have that beneficial habitat establishment. That's a requirement. Um and that's something you can actually track online through the board of water and soil resources
website. They have all the solar projects that have come online and um you can see if they're meeting that beneficial habitat standard as they're uh inspected by Bowser to make sure they're meeting that.
Any questions for me at all? And I'll zoom over to it here too. So, here's the existing one megawatt. This one would go up in this area here. And then you got four residential properties here and Highway
9. >> Mr. taken. >> Mr. Chair and Matt, u I'm just going to ask this for some clarification and is the existing one is owned by the same company. Correct. >> Different company.
>> Different company. >> That probably changes my question a little bit, but seem like on the same property, can you have more than one solar garden? >> Yes, you can. >> As long as they're not connecting each other to >> correct. Thank you.
And I know that's something that Excel regulates pretty heavily in terms of collocation and sighting of these >> question. Um so the beneficial uh acreage for the soil for the pollinators is that mitigated on site or is that
something that is they identify property to do that? That is done on on site. Yep. That's all. And that's >> and then we uh we do some monitoring as soil and water to make sure that it
isn't doesn't become a thistle patch. There is and just as a an aside, maybe that's something we might want to be looking at in the future. Um, as aggro voltaics is becoming more of a thing, I know like
the University of Minnesota has got a project going on right now where they have little bit taller solar panels that are more compatible with grazing of of cattle. Um, so providing cattle access um to pasture and also shading providing
shading benefits to cattle as well. Um, so it might be something to think about too in the future and how we would incorporate the agro voltaics stuff into our permitting. >> I have seen some of that happening and I
haven't seen cattle, but I have seen where they beefed it up enough that you could put gray sheep under it. >> Yep. I think sheep is really common right now. Now, I know in Illinois they've tried some with cattle and the cattle have basically destroyed the panels, but um University of Minnesota is
building or testing a a new kind of pan panel that's a little more accommodating um for larger animals. And so, it kind of remains to be seen on how that will work out, but I know they started that I think this this summer or last summer.
>> That has been one of my concerns over this whole is it does take land out of production that will feed won't feed any families for 30 years and nothing else can be done with it. And they they talk about wildlife and that's great but
they're not talking they're not going to let you go deer hunting. and the deer are already in the corn. So, it didn't really enhance a lot there, but it does for pollinators until the thing comes over. >> Anybody else have any questions or
comments for Matt? >> One question I kind of do have when it comes to the solar gardens is are they all is it concrete underneath them or what kind of imperial service surface is there? Say, as you just discussed, solar panel gets destroyed and it starts
leaking its chemicals out. Does that just go straight into the ground? Does it go what happens to those? That's a great question and I don't have the exact answer for that. The applicant might be able to speak to that a little bit, but as far as as I know, they're
basically just mount ground mounted just post driven into the ground. So, no um concrete or any any impervious surface underneath them. So if worst case scenario, say you have a hail stom but damages a bunch of those solar panels.
Now you have all those chemicals going in the ground. Do you have to we mitigate that by having them take it all out and then we put fresh soil in non-toxic soil in there? >> Yeah, that's a really good question and I would I'm going to defer to the
applicant um on that just to see what they have to say and that's something that I can certainly research more and follow up with you on. and the poll commission. >> Good evening. Uh Ralph Fanio and U Mottman on behalf of Novel Energy. Um so
I'll I'll address uh so with solar panels f first 90 about 96% of a solar project is recyclable where we deal with uh certain recycling companies that deal strictly with um solar panels and and
it's different than the wind turbines where they take those the the turbine part off and they have to bury them in the ground because there's nothing they can do with them at this point. So that that's a positive about solar. Um, in regards to um on on almost every site we
do, the posts are just driven into the ground. So they no concrete, no anything. Sometimes we use concrete in um rocky areas where there's a lot of stone and we have to drill in and just add that little extra bit of uh security so they don't fall over. But also as a
requirement when it comes to decommissioning, that all has to be removed as well. um in regards to like a hail storm and you know panels breaking, they don't leak out um any kind of fluid or anything like that. So that's not
something that that uh we would worry about or even have to deal with because they're not they don't have a fluid in them to leak out that way. Um you know, the same way they they don't reflect light back because they're made to absorb the light as well. Um
so that there's that part. Uh, a couple other things I just wanted to touch on that you me you you had mentioning what we've actually looked into um the grazing of sheep in in uh Maine. Uh we've looked into that as well. It hasn't worked out yet for us. Uh we've
put calls out, but I know there are individuals out there that'll bring their whole herd over and uh let them munch uh for a few days. Um our sites and someone had touched on it and it's in one of our uh our handouts. We we maintain the site. We'll cut it two
times a year so it doesn't get too high and and fall over and die. But we we cut it at least twice a year so it stays healthy. Um and we also go back and we'll sprinkle um any kind of seeds we need the the local pollinators if
there's some dry spots or spots that just haven't taken as well. Um what else can I tell you? Uh I I heard the requirement for burying the line. Uh we have no issue with that. We we certainly can bury the line up to
where uh Excel requires us to have the pole as well. Um one other interesting thing that I wanted to mention. So we we have these sites. We have a lease in place for 30 years. And I can tell you from the time we get an approval to the
time we start building, the actual what we actually wind up going with equipment wise always changes because it comes down to supply chain issues and not being able to get what we thought we could get today. That doesn't necessarily mean anything um in the big scope of the project. But what it what
does change over the course of a year is that if we're projecting to use 256 panels, 60 panels right now, it'll be less than that um by the time we start building. And we, you know, we provide you that information before we we actually uh break ground. So the sites
over time continue to get smaller and I would venture to say that probably in 15 years, maybe even less because the way things are changing so quickly. Uh I wouldn't be surprised if we're back and we're ripping out probably everything that we have and replacing it with
probably less than half of what's there and it'll probably do twice the amount of work um it does now. But that's in the future and and we can see the trend going that way because every time we wind up changing a panel and going with something else because we can't get it as part of the supply chain issues, it's
always something better that usually shrinks the site a little bit. Um, and the other part of it too is that even in 30 years, if that that whole site still keeps the same footprint, when it's ready to go back into um the
agricultural uh environment again, it's so much healthier because it had time to rest. It's not being farmed. It's not having chemicals uh dropped in it and fertilizers. Uh it it's had time to kind of regroup and it'll be fresh land um
when it comes to that point again. Uh so so solar sometimes gives it gives land that might be beat up a little bit a little bit of a break. And the other thing it also does is that being a farmer in the United States is very tough. And this gives the opportunity
for a farmer to generate a little extra income um while trying to maintain farming. So th this sometimes a little extra money they get makes a big difference in them being able to stay in business and continue to farm as opposed to going out of business and not farming
anything at all. Um so I think I kind of I hope I touched on everything that was kind of mentioned. Um, if I didn't, I'd be happy to answer anything else you might have. >> Sebastian, you questions.
>> Mr. Chair, I I have a question for Ralph. Um, so say at the end of your your lease agreement with the with the property owner and they want to continue um for another 30 years or 15 years or whatever. Um would there ever be a
instance um where you would be able to move the site within the property to a different location or would you keep it on the same in the same footprint the same site? I'm thinking of like a more
modern take on rotational grazing almost or rotational cropping. >> Right. So so that's a very good question. uh one um secondly we I mean 30 years we don't have any sites and honestly I don't know of any solar uh
projects this size anywhere in the country that have had that kind of time in where something that would come to be uh the what I'll say to that which personally to me might make more sense would be if if if you're changing the equipment because all this equipment
will be outdated I mean technically this equipment will probably be outdated in 5 years you know they'll still make replacement parts and and you'll still be able to, you know, do things like that, but 5 years it'll it'll probably be outdated and then it'll come a point probably in 15 20 years where you might not even be able to get some of the
stuff anymore because the technology is just so much better. But I think if if we were going to go into a situation like that where let's say it's the 30 years and it makes sense to um try to re-up the lease again if that's a possibility. I think probably what would
wind up happening would be two things. one, maybe you would look for a new spot on site where you at that point you probably have to come back for a new application, whatever might that might look like in the future. Um, and then build that new site while you're in the process of decommissioning the the other
site. And our decommissioning removes everything, every last little wire, every last little screw, everything. So that site looks like farmland um that was never touched. But it it's it's a little hard to say in the future how that might be. I mean,
solar's been around for well over 50 60 years. Um, most of us remember being in school with the little solar calculators, how cool we thought that was. And and now, you know, you can coals the the department store, if you've ever seen them, they every one of their stores have solar panels on the
roof, which pretty much knocks out the need for any kind of electricity from the grid. So you can see the technolog is getting better and it's the same thing with this. We see this every time we go for try to get something. We can't get something and we wind up switching to something that's just actually
better. Um but 30 years down the line to try to really forecast what that might look like is a little tough. But I would think because things won't be compatible and it would be probably much much smaller. it would probably make sense to
shift it someplace and just build new and then take out what's there. So, I I I kind of hope that answers your question somewhat, but it it's very difficult to uh kind of look down the road that far and really know honestly what the outcome might be.
>> Thank you. >> Thank you. You know, I I've been on this for a while, so I'm trying to remember. We've permitted other projects from Noville, correct? >> Correct. of some of those I know there's been difficulty coming to fruition. Have any
of the permitted novel projects been built? >> Uh Mimu, do you So we have we have the company started in Minnesota. So we have a ton of projects in Minnesota. Um I don't know.
It's hard to search by county to see what's open. And the reason why some things don't well first of all nothing gets built overnight. So, I I I kind of touched on it. We're sitting here tonight. If we get an approval, it'll be at least a year to maybe a year and a
couple months before we can break ground because what what the process is once we get an approval, that's when we start actually drilling in to try to procure all the equipment we need for a particular site. So, it's not like there's a warehouse where you can just go and run and get the stuff from. Uh,
every piece of equipment that's on our sites is custom made for that site. So, a lot of times you might see uh one of ours that might look complete and it might be missing something because they didn't send uh a piece of equipment that's needed or a piece and and it
happens a lot. Uh a piece of equipment that they sent us that's brand new doesn't work properly. So, it that takes several weeks for them to manufacture and get it to us. Um so, so those are some of the problems we run into. it like we haven't had an issue in Minnesota, but like in Maine for
instance, we've had a couple sites where people have broken in. Um it was two years ago, July 4th weekend, where people broke in and they hotwired all the tractor the tractors that were on site and ran over all the panels and and all our stuff which caused a couple
hundred,000 in damage. Um and and that's how such an expert on the decommissioning or the the recycling part of it because we have to do that for that site because so much was damaged where normally, you know, you would talk about what could be recycled, but nobody really has that much
experience in it because these are all fairly new being built and nobody's taking down, you know, a couple acre sites yet because they're just too young. Um Mimu, did you see any other sites that >> Yeah, so we do have a few. We've permitted with Klay County a few times
now. As far as active construction or at least in the process, Matt may be more familiar. Uh Ole is one of them that we are at least internally beginning construction. A few others we have are also Daryl and Hildy which were in the
procurement stages. Uh again preparing those supply chain issues and whatnot. But I think Ole Matt is the only one uh right now that's under construction and ready to operate soon. Okay. >> Yeah, Mr. Chair and Commissioner Mojo, I think that's correct. That's I had to go
through my rolodex of of solar uh farms in my brain, but um yeah, OLEC is the one that um construction has started. It looks like there was a pause on that um and assuming I think just connecting with their team just with supply chain
issues um with that site. Um so I think that's the only building permit that we've actually issued. Um >> because I know there's been several that have been gone past and we had to re-up. >> Yeah. And we've Yeah. So US Solar is a
company that's completed projects. Uh Nexamp is a company that's that's also completed projects in Klay County. >> Okay. And the last gentleman that spoke, could you please say your state your name for the record? Or maybe you didn't. I didn't catch it.
>> I didn't. It's Mahmud Oathman with Novel Energy. Thank you. That answer your question, Jenny? >> Thank you. >> I I do have a question here, Ralph. Um, you talked about 90% of the materials
are recyclable. Um, is that >> about It's actually about like between 94 and 96%'s recyclable. >> Okay. Um, as far as the panels themselves, where do you get those recycled? So the I the company takes them all.
There's one company out of Virginia that I know we've dealt with, but they come in, they take everything. So we we don't there's nothing that goes to any kind of local um instate recycling center. Everything goes out of state to to where
they they get rid of it. >> Is there a cost to you guys to recycle? >> Oh, yeah. Yeah. Okay. Is that based on square footage or >> it it's well it's based on the decommissioning um price that we have. So you know that that's kind of an
estimate like so in the state of Maine for instance we we have the decommissioning plans you know it's required by the state and you put up the bond um and then after 15 years you revisit that because the CPI the cost of living goes up. So after 15 years it's re-evaluated. So that number goes up and
then it's every 5 years after that it's adjusted. And in that it's they don't take into consideration the price of the recycling that the money you would get back for the metals and things that's not included in that. But the I think the the answer is yes.
We would probably get we would get money back or off our bill because there's value in the metals and different things that are part of the project. Laura, >> I have a question. >> Thank you. I have a question that I'm
just curious as to do the recycled parts go back into making new panels or is there other byproducts that are made from the recycled parts? >> I I hon the panel part. I honestly don't know uh what they do with that or or the
recycling process with that if it goes into other products. Um but the metal certainly does. I mean what the frames are and all the racking um that gets melted down and they can use it again for for anything that requires metal. Um you know all the wire there's value in
wire and you know they strip all that down and also melt it down. But the the panel portion of it, I'm not exactly sure um what they what they break that down and do do uh with afterwards. I'll have to look into that.
>> Thank you. >> Anyone else have any questions for the applicant? Anyone in the audience wish to speak to this? Anyone in the audience or online wish to
speak to this project? Anyone in the audience or online wish to speak to this project? Um, thank you. And at least one of you hang out online because we'll have at least one more question for you in a few
minutes. >> Thank you. Um hearing no further discussion. Look for a motion to close the public hearing. >> So moved. >> Move. Motion by Curt Stubstead. >> Second. >> Second by Kurt Shervin. All those in
favor say I. >> I. >> I. >> Opposed. Motion is carried. Public hearing is closed. >> Mr. Chair. >> Yes sir. Uh just really quick, I apologize, but I just looked it up real quick because it did pique my curiosity.
So with the panels themselves, the recycled material, particularly the silicone, um can be purified and reused in the manufacturing of new solar panels. It's also the glass that's used with them can be used again for other products. Um the aluminum frames of
solar panels can be smelted down and reused in various applications. Um, so yeah, so that all that stuff uh can get reused. I'm not sure when they talk about that there's that couple percentage numbers that is not recyclable. I'm not exactly sure what
that is in the in the whole process, but it's a pretty efficient um uh operation. They're even saying green houses panels can be used to create or enhance existing green houses as well. So there there's apparently quite a few uses um
for for them after market. I just wanted to share that. >> Thank you. >> Oh the conditional use or going through the findings of fact the conditional use will not be injurous to the health, safety, morals and general welfare of
Klay County. The conditional use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. >> And Mr. Chair, um just in the draft, excuse me, in the draft findings for
this particular finding did want to add that about vegetative screening from those residences and just making sure that that was included in there as well. >> Matt, does that include trees? Is that what you're talking about? or what is vegetative screening? Can you
>> Yeah, I would imagine it would be something like a spruce or something dense that can grow quickly or is already somewhat mature when planted, not a seedling or a sapling. >> Mr. Chair, >> we could cover that and then in the in
the conditions. Yes, >> I was just going to say u so generally with plantings uh we can do a uh a 6-foot um spruce because they grow in in you know pretty good conditions. They'll
grow 2 3 feet a year in every direction. Um we could do uh a double row of those so they're offset. We plant them 20 ft on center because they do grow pretty big and then the row in front would be in the middle about 10 ft. So it grows together much quicker and provides that
kind of um screening you're looking for. So we certainly could do um a row of those u at 6 foot of planning uh between the abutters property and our uh our fence line. >> Okay. And we will uh revisit that when
we get to the conditions before we vote on your permit. >> Okay. The establishment of conditional use will not impede the normal and orderly development and improvement of surrounding property for uses
predominant in the area. Adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking and loading spaces as required by this ordinance. Adequate measures have been or will be taken to prevent or control offensive
odor, fumes, no dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a nuisance and to control lighted signs or other lights in such manner that no disturbance to neighboring properties will result.
The conditional use will not create an excessive burden on current or anticipated public infrastructure or services that serve or are proposed to serve the area, including but not limited to parks, schools, public safety
services, roads, water supply, sanitary sewers, storm sewers. Unless the county and the applicant establish a development agreement that determines how such impacts will be resolved, the conditional use is allowed by this
ordinance and conforms with any specific use standards established in chapter 8 as may be applicable. The conditional use is consistent with the goals and objectives of the Klay County comprehensive
and transportation plan and any comprehensive plan of a township or city as may be applicable. Okay. Staff has seven conditions if everybody would take a and Mr. Chair, I'll just note that these
conditions are fairly consistent with um previous um projects that have been permitted. Um the only exception maybe being that the the vegetative screening because that is a new standard that we require as a result of our updated
ordinance. We have we have no issue with any of these. And you know, if you want to be more specific with number seven, we'll do the double row um along the line, you know, between the Abutters property and ours. The the double row 6T uh high at
planting uh spruce trees if that's acceptable. >> Couple of nods to that. >> Yep. number that will definitely spruce will bring in some definitely some bird habitat and
okay the apple >> and the deer don't and the deer don't like them too much so that's Good. The applicant has already stated that they are able to they understand and are able to comply with conditions 1 through
7. So now it's up to us. Um look for a motion to approve or deny. >> I'll make a motion to approve the uh permit with the conditions one through seven. Okay. Motion by Kurt Stubstead to approve.
>> Second. >> We have a second by Sebastian. Any further discussion? >> Hearing none. All those in favor say I. >> I. >> Opposed. >> I. >> Motion is carried. Do I need to do a
roll call to register the NA vote? I think it was clear. We got it. >> We got Okay. >> Yep. >> Okay. Uh motion carries. Permit is
granted with conditions 1 through 7. >> We thank you very much for your time and appreciate it. >> Thank you. >> Thank you. Have a good evening. And for the next public hearing, I need to step aside and Mr. Stiken is going to
run this because I have a conflict. Thank you, Dave. So this is a public hearing for you want me to read through the Sure. >> Okay. Soda sewn cannabis request for
conditional use permit. Application is seeking a conditional use to establish a cannabis micro business at 22312 highway 10 Holly, Minnesota 56549 on parcel ID
13.055.0030, 0030 lot 003 block 001 Gloryland subdivision section 11 township 139 North Range 45W
Holly Township. Is there a motion to open the public hearing? >> I'll make that motion. >> Motion made by Kurt Substid. >> Second. >> Second by Sebastian. Matt, do you want to take the staff
presentation >> on that? >> All in favor say I. >> I. >> Thank you. >> Oppose. Same sign. Public hearing is now open. >> Thank you, Mr. Chair. So, this is a conditional use permit request for a
cannabis uh micro business. Uh this is just west of Holly. It's on the south side of US Highway 10. Uh there is an approximately 7,680t retail building on the property as well
as a 4600 ft uh paved parking lot uh on the building as well and then gravel gravel parking in addition to that. There are currently two other businesses in the building. Uh the property is zoned highway commercial. Uh surrounding properties are also zoned highway
commercial. So the request is for this conditional use permit for a cannabis micro business which would be to cultivate uh uh cannabis and then also for retail sale. Um they have received their preliminary approval from the state of Minnesota um
office of cannabis management just pending a background check. So in the building they're looking at using about 1300 square ft which would be the southern half of the building. Uh they would have cultivation and processing space on the second floor. So, 144
square feet of processing, uh 360 feet of of cultivation, uh plenty of parking, uh on site, would have that direct access to County Highway 10. Uh would be out building would be outfitted with 24/7 surveillance, secure entry, alarm
monitoring, and restricted access areas. Uh looking to meet or exceed Minnesota state requirements. Uh looking more specifically on the first floor would be where their retail space would be. um also have some product storage and then delivery access just for receiving
deliveries and managing any transfers. And so this is kind of what that looks like. Um so you would have the kind of a unidirectional or oneway flow coming in um and then and then moving through and
then checking out. So, one-way traffic, delivery, secure storage, um, bathroom. Uh, so this would be the retail space. Uh, the upper floor would be a secured indoor grow area. They'd be using about
five 16 square foot grow tents. Um, it's designed with its own like HVAC, lighting, and odor mitigation systems. Um, so they're not anticipating any light, odor, noise, or order problems. um would have to need to have all um procedures in place for pest management,
storage, waste management. Uh the processing would just be for preparing and packaging. So they don't plan on doing any um uh hazardous or solventbased extraction methods. Um as part of this um that would be something
that you might could potentially see if you're making like a an edible product or or beverages or something like that. So then there would be a lounge for employees and a manager's office. And so that's kind of what that's looking like upstairs, mainly employee space,
packaging and processing, and then a very small um grow area. Uh the use does meet or exceeds all the setbacks. They did provide a very robust solid waste and wastewater um disposal plan. Just need that integrated uh pest
management plan. Uh and then um they would need retail registration from um public health prior to operation just for the retail side of their their business. I would also need a um
no that's the that's it. So they didn't state their business hours but uh they must align with our our um regulations which are essentially mirror the states um regulations. Uh just noting that there is just doing a review of the the
property records, they do have a shared well um with lots one and two and in that well agreement there's just a stipulation of no unusual or excessive water use. Uh did not receive any public comment or from Holly Township or the city of
Holly. Uh just did receive a couple comments from Minnesota Department of Transportation. Uh just uh asking about any building additions or improvements that they submit a site plan to um the DOT on that. Uh I think the main thing
that they're looking for there is just to ensure drainage into their into their um right ofway. Uh and then also just reiterating no signage being permitted in the in the highway right away as well. So all this request would um relate to
the goals and objectives of our comp comprehensive plan. We do have a goal to encourage commercial industrial development that is in harmony with the egg and real character of Klay County and to promote value added egg s egg commercial and industrial development in agricultural service center areas and
along transportation corridors and hubs. And this would be in a highway commercial zoning district um adjacent to US Highway 10. uh to avoid or mitigate against commercial and industrial development that increases the potential for land use conflicts with rural, residential or
agricultural uses. Um this meets or exceeds all those setbacks from egg and and rural uses. Virtually all of the uses of property um in this area are commercial or industrial. uh and then promoting the incorporated
communities of Klay County as prime locations for commercial industrial development and encouraging uh commercial industrial development to locate within those incorporated communities. It's not in an incorporated community. It was very close. It's in the city of Holly's kind of growth area.
Um and they did have not provided any comments on um the proposed use to our office. Any questions for me at all? So, this I'm just going to show you where this is located.
It's in that Glory Land subdivision. Um, just right outside of Holly. And this is all zoned highway commercial. Oh, this is the city, but this is all zoned highway commercial.
Any comments or questions of from format? Okay. Would the uh applicant come to the podium and state your name and uh you can talk about your project.
>> Yeah. So, my name is Cody Ericson. Um I'm the owner of Sodone and we started in 2019 growing and extracting making our own products um CBD products. Basically the store in Ottertale is just a long ways out for me. I grew up just
south of Ulan farming still actively farming um want to be close or wanted to find something in in a little closer vicinity. Uh I I currently own the building so it's kind of a plus. I know there is a stigma around the cannabis community a little bit. So, um it's a
little easier for me to know the longevity of the company is a little more safe and secure owning the the premises and and trying to operate out of uh you know, something that I own myself. So, I guess the the whole goal here is just um open up a a clean, nicel
lookinging cannabis retail location. The one thing too, like I said, I'm from Uland. I have kids that go to Holly uh school. I I definitely want my reputation, the building, everything to to be um up to par. So, I don't want it
to just be this uh this pot store, I guess, like some people would would view it as. So, um yeah, that's basically retail cannabis is is what we're looking to do. >> Mr. Ericson, are you using all the space you have available
right now? And do you plan for expansion? >> So, currently there was a coffee shop on the south side of the building. Um, they exited the location that we'd be taking over about a year and a half ago. The state has kind of been wishy-washy on how they or when they were going to
allow this to happen. So, we I haven't actively looked for anyone else to fill the the location. Um, so right now the upstairs is vacant. There's nothing up there except studs. uh outer perimeter of the building up top is just studs with some insulation.
The lower portion was used as a coffee shop and that's where we would be setting up our uh our retail location. So really the only changes that we would do would be adding a few walls upstairs and um just setting up you know office,
employee lounge, the grow and stuff like that. >> Any other questions for Mr. Ericson? How many employees do you anticipate having? So, >> I think on site we'll be looking at having two to four uh at all times.
Currently thinking seven days a week we would try to open up and then we would adjust our hours and and days accordingly. So, right now 10 to 8:00 p.m. is kind of what we're looking for, but uh yeah, we'll just kind of see how winter and and different hours and
seasons affect that. So if this gets approved, when would you anticipate going forward with your building? >> So I think based on construction and stuff like that, I the earliest that we could be, you know, if everything goes through on the county level, we're it
sounds like background check and state level, we're sitting fine. Um, October 1 would be a very, you know, hopeful date, but I think December 1st is is maybe a little bit more believable. >> Well, there might be some questions later, but appreciate you coming
forward. >> Okay. Thanks. >> Does anybody in the audience want to speak in favor or against this request? Is there anybody in the audience that would like to speak in favor or against
the request for the third time? Is there anybody in the audience that would like to speak in favor or against or I guess online in favor against this request? Hearing none, is there a motion to close the public
hearing? So moved. >> Motion by Ashley. Second. >> Second by Josh. All in favor say I. I. >> Opposed. Same sign. Motion carried. Public hearing is closed.
I'm going to go through the findings of fact. The conditional use will not be injurious to the health, safety, morals, morals, and general welfare of residents of Klay County. The conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purpose already permitted. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property
for uses predominant in the area. Adequate measures have been or will be taken to provide utilities, access roads, drainage, and off- streetet parking and loading spaces as required by this ordinance.
Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, water pollution, and soil erosion. So that none of these will constitute a nuisance and to control lighted signs or
other lights in such a manner that no disturbance to neighboring properties will result. The conditional use will not create an excessive burden on current or anticipated public infrastructure or services that serve or are proposed to
serve the area, including but not limited to parks, schools, public safety services, roads, water supply, sanitary sewers, and storm sewers. Unless the county and the applicant
establish a development agreement that determines how much how such impacts will be resolved. The conditional use is allowed by this ordinance and conforms with a any specific use standards established in chapter 8 use regulations as may be
applicable. The conditional use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of any township or city as may be
applicable. Then we got um conditions stated here. Um Matt, is there anything you want to highlight on those? >> Um Mr. Chair, no. They're pretty
standard with the one that we did or was approved um in July. I'm just making sure that um any copies of um the security solid waste wastewater which they provided pest management um parking
and other plans like that would be be submitted. So and just to note that the um applicant um from July is has been submitting those as they come through through the the state. It'd be good to see the final state state license as
well. So, >> so everything the state is going to require is covered in Is that statute chapter 342? Is that correct? >> Yep. And and Minnesota rules 9810. >> Even though they're not state, they need to adhere to those.
>> Yep. They would need to adhere to those. they would not um be able to get a final license issued without um I think the big things would be you know making sure that they have the um background checks their um zoning local zoning compliance
um and then as well as um just related to the operations of their business but also that the building that they're going to be operating in is is um meets the state building code, fire code, um electric code, plumbing
would have that would all need to be done prior to to beginning operation. And then that retail registration from Klay County Public Health and that retail registration is essentially um the mechanism for public health to do
those and for planning and zoning as well to do those compliance checks typically annually and that's something that's renewed annually as well. >> Okay. the applicant, have you had a chance to review the conditions and are you agreeable to uh the seven listed there?
>> You want to state your name and go back up there and answer? >> Uh Cody Ericson. Yes, I have reviewed them. I don't see any issues with it. And and like Matt was saying, um so the Office of Cannabis Management does have someone designated for the area that's going to come through and inspect
everything before we're able to open. So, um, they have a pretty extensive hit list of things that we have to stay, you know, up to code with and, yeah, should be good. >> Okay. Thank you. >> Any other questions or comments before
we finalize this? Okay. Is there a motion to approve the conditional use permit? I'll make that motion to approve permit with the conditions listed. >> Motion made by Kurt Substids.
>> I'll second >> seconded by Ashley. All in favor say I. >> I. >> Opposed. Same sign. motion or the conditional use permit is granted. Thank you, Dave. You're welcome.
And our final final hearing for the evening is a petition for a text amendment. petitioners looking to um change
um change to the ordinance um to be able to put a cannabis business in agricultural service center zoning district.
So look for a motion to open the public hearing. >> Motion to open. >> Motion by Josh. >> Second. Seconded by Ashley. All those in favor say I. >> I. >> Opposed. Motion is carried. Hearing is open.
Matt. >> Thank you, Mr. Chair. So, this is a petition from a text amendment from Scott DMS seeking an amendment to the Klay County Land Development Ordinance and subdivision regulations to allow for cannabis business as a conditional use in the Agricultural Service Center zoning district.
Um, so just to give you an idea of where we have these egg service center zoning districts, um, essentially all the the small communities, unincorporated towns, sites in Klay County, of which there are six.
Um, in this petition, um, the petitioner did site, uh, historic, uh, I should say that the focus of of this, uh, request is, um, a grain elevator in Baker. Um, but this petition for a text amendment
is countywide. So, the focus, um, should be just on on countywide. The petition does site uh the the Baker site. Um but whatever um this amendment would apply to all of
these locations um in in Klay County. And so they they have a few things that they cited in the in their request. Um one um as a a reason for for granting their request or the need for for the petition. Um the first one being historic preservation and that the Baker
grain elevator is described as an iconic egg structure that should be preserved and repurposed. Um economic development, they project uh 1 million in the first year of revenue. So approximately 7,500,000 of that going to state tax. Uh note we
would not receive any Klay County would not receive any sales tax uh revenue from can this cannabis businesses. So that was that was a change that was made this year. Um adaptive reuse. So positioning the egg the elevator as a
modern egg service center through cannabis cultivation retail and then also looking at a rural re revitalization model. So replicating this kind of approach um well starting in Baker and then other other communities and and other rural areas as
well. So currently uh cannabis is zone is allowed as a conditionally use in the highway commercial in limited highway commercial zoning districts. And so those um turquoise or blue green dots on
there is roughly all of our um highway commercial zoning in the county right now. The egg service center district is comprised of these small um unincorporated communities. It's the purpose of it is really to support rural, residential, commercial,
industrial and agricultural industry to supplement the agricultural economy of the county. Um so looking at um cannabis business uses pertaining specifically to this
zoning district. just doing like a highlevel suitability looking at um some of the performance standards that are required in our ordinance as well as in um rules and regulations in in state
law. Um looking at the suitability. So looking at all 259 parcels that are within the egg service center district just looking at them strictly from a setback perspective. So the setback standard, we have a 500 foot setback
from a residence. Um there's also a 500 foot setback from a daycare, residential treatment facility, park, playground, thousand ft from a school. Um of those um 23 of the 259 would meet that
setback. Um of the 23, only 20 or 22 would meet our minimum lot size uh in the egg service center of of one acre. Um so should note that that's about 8% of all these parcels in this zoning
district. Um and should also further note that the setbacks can't be met on the entire parcel and it will also be very sight specific. So doing a analysis like this a higher level countywide analysis was looking at these setbacks
based off where we have the address point which is typically on the structure somewhere. Um if you were to measure edge to edge, structure to structure is how we normally do it, this would probably go down even further um would be reduced even further.
And then also should note that virtually all the suitable parcels um would be green field development, meaning that they are currently in agricultural production. They don't have any structures on them right now and they're kind of on the fringes of the egg
service district. So kind of going through these um I can go through kind of town by town. So AIL you can see the green is the areas that would meet that 500 foot setback. Looking here if you wanted to if say this was allowed as a
conditional use, you would have to do some extensive um infrastructure upgrades, namely putting roads in and things like that. Uh moving on to Baker. Again, looking at Baker, uh the dots are residences.
Again, virtually all the the parcels within this egg service center district in Baker. Um would be along the outer edges of of of it and of the the town site. Um and currently none of them have
structures on them. Um moving over to downer, same kind of trend here as well. If you wanted to do if this was approved um and you wanted to do a can a cannabis
business within downer per se as a conditional use um you wouldn't be able to meet the setbacks. Uh same thing with Craigness and kind of the same situation with rollog as well. And then in Rustad, you wouldn't even be
able to do it just because none of the none of Rustad would meet the it's all covered by a 500 foot setback from a residence. So wouldn't wouldn't be possible without without a variance. Um comments, we did not receive any
comments um regarding this request. We did notify all townships and we did also notify every township that has a egg service center district in it. just tailored it so they are aware that this request would could impact that um their
particular town site within their township. How this uh amendment would relate to our comprehensive and transportation plan goals and objectives. We have the land use uh commercial and industrial goal category. So encouraging commercial and industrial development that is in
harmony with the egg and rural character of Klay County and promote value added egg commercial and industrial development in egg service center areas and along transportation corridors and hubs. So this proposed amendment in this use would provide could provide uh value added egg commercial and industrial
development has the potential to stimulate economic activity tourism preservation of historic structures such as green um elevators. Should be noted that um use setbacks really limit the use and existing structures um without a
variance. uh most of this development would be green field development. So it would be brand new development. Uh we also have an objective under this goal to avoid or mitigate against commercial and industrial development that increases the potential for land
use conflicts with rural residential or egg uses. uh what kind of walk through this analysis um looking at um which where this would be suitable and really just limiting limited to 23 out
of those 259 parcels. Um and then should also add to that um because only 8% of these parcels are technically suitable, it's highly highly likely that
our board of adjustment would be seeing a number of variance requests to these setbacks. Um, as a result of this, should also note that of these 259 parcels, there's about 109, so it's like 42%. Uh, they're
substandard for lot size, meaning that the minimum lot size for uh commercial use in or industrial use in an egg service center zoning district is 1 acre. So 42% or below that 1 acre threshold. That includes this Baker site
as well. So this would also could further increase that variance pressure. Um these lots would be considered nonconforming um and so you might see more um variance requests uh to the the minimum lot size as well.
So um based my recommendation would be to go through the findings of facts for this. Um you know there's potential reasons for recommending amendment approval. um one being that the use does have the potential to re revitalize and diversify these egg service center economies. It could also be very
considered very similar to other conditional uses that are permitted in the egg service center. So bars, restaurants, commercial entertainment, those are all allowed in egg s in the egg service center um with conditional
use permits. uh they generate similar they're similar business type in terms of uh traffic generated noise, lighting, parking, uh those those types of things. Uh they don't often have the same setbacks
um as the cannabis business and um again that adaptive reuse of structures that might be contributing to blight conditions or nuisance nuisance conditions. there's that chance to or an o another opportunity to stimulate economic activity and and revive them a
little bit. Uh recommendations for denial. So properties in the egg service center, they're overwhelmingly rural residential. Um allowing another uh commercial industrial use has just an
additional opportunity potential to create land use conflicts. There's just a lot of nearby residences on small lots. um would not the use would not meet the required setbacks on over 90% of the properties. Um same with lot
size. Uh 42% would not meet that that lot size. This would likely result in increased variance requests. Um and for a variance you have to demonstrate a practical difficulty. It can't be created by you can't create the
practical difficulty. Um it has to relate to the property. Um, and so just because you want to open up a cannabis business, that would not meet that that bar. Uh, the other the other potential reason for deni denial is this
is a very new use in the state and in the county. Um, it's, you know, we our ordinance is just over a year old. The administrative rules uh from the state were um just adopt or just approved in
April of this year and I can uh amend this. Now we have only two businesses that have received a conditional use permit from from Klay County. So new ordinance amending it could be considered premature at this time.
Any questions for me at all? has any questions for that. Would the applicant care to Is it appropriate for the applicant to come up and introduce and >> speak? I'm Kelly Waggshide, one of the architects on the project.
>> And I'm Scott, excuse me, I'm Scott Doms. I'm the owner. >> Uh Derek Drager. I'd be the facility manager. >> Um I would like to thank everybody for their time and attention and for people that had the opportunity to come out and
take a look at our Baker location. We do realize that this is not um an ordinance that specifically is related to our project, but would directly affect all of these other
smaller farming communities. Um allowing this zoning use does not automatically grant a conditional use permit which is later in the whole process of this
project being approved. I think that Matt had a lot of numbers that got thrown out and I would like to say that just because 60% or 70% of those lots in those unincorporated areas
do not meet the current setbacks in this ordinance. Just because that's the case does not mean that you should punish or automatically reject the other properties that have the potential to
meet those guidelines. And I think that allowing this ordinance change would allow property owners such as Scott or other, you know, rural use properties to prove that they can meet these conditions. But for a property owner
such as Scott to say, "Yeah, I am going to purchase that other half an acre of property from my owner uh my neighbor to be compliant with that one acre requirement." You know, we need the opportunity to prove that we can do that. So just because properties are
possibly not compliant with the setbacks at the moment, I think that changing this use to still be heard before the board, you still have that opportunity to regulate with that conditional use permit. But I really think that this egg
use coming full circle back to the cannabis um some retail but also the cultivation is the exact use for these types of buildings. All of these buildings were egg use before in small communities. And
if we don't preserve some of these buildings, such as this specific building, but other buildings as well, there's no other practical use for a lot of these buildings, and they will disappear. So these iconic buildings that are right now in disrepair require
a lot of money to renovate and use them. So, if we don't figure out a way to make these old egg buildings usable once again and come full circle right back to egg or, you know, any other type of of growing or use like that, we're going to
lose all of these buildings. So yes, the numbers are um showing that you know setbacks and things like that need to be addressed and there is still an opportunity to do that with the conditional use process
but give properties an opportunity to prove that they can do that. And I think it's a chicken and an egg thing where the property owners need to know that they can come to you with a conditional use permit and say, "Hey, yes, we are
working to, you know, acquire additional property to meet the 1acre regulation. We've been talking with with neighbors about possibly purchasing um their neighboring property as a residence that would
possibly be um moved or relocated outside of that 500 ft um setback area. If given the opportunity to prove that these conditions can be met, I think that opportunity needs to be heard. I think it needs to be encouraged. I think
these small unincorporated um communities, they need to have that option to say yes, we want to keep this cultural icon. We want to put a um some type of a business in those disregarded and disused and being neglected egg
buildings. What else are we going to do with them? This is the original intent was egg use, you know, and this is exactly that egg use. So again, we realize that there are a lot of properties that are non-compliant and we
get that, but there are still some of those properties that have the opportunity to be compliant and to be heard in this use. So >> I think >> I screwed up. >> Yeah. Well, and this this does exp you
know, this is the first situation here in the un unin um incorporated community of Baker. We've talked to neighbors. You know, the closest neighbors to this specific project are actually excited
for this specific property to be upkept. It takes a lot of money with a building of this size to keep it heated, cooled, all of those things. Takes a lot of money to repair the
windows and repair the roof lines. How else are we going to do that? Otherwise, eventually we're going to lose all of these very significant cultural buildings if we can't make some accommodations for the ones that are really trying hard to meet all of the
requirements. I I would like to actually add one thing is I've I've owned this elevator for eight years now and I've lived in it and racked my brain around what could actually become of this thing. Um we
found some options but nowhere near um the revenue that the cannabis industry can bring into us to allow to fix this building. Um, it's it's like Kelly said, it's it's it's been a daunting task up
to this point. I I know this is specific to this building. Um, but it's it's there's just nothing that I've come across that has can even touch what the cannabis industry and the revenue of the cannabis industry can do for this for this icon. So, that's just
kind of what I I wanted to say. And I think it's important with these small communities to give them every tool that they can to survive. And this is this is one of them. This is one that we've found could could work. So,
thank you. Anybody have any questions? >> I just have one. Um, I didn't get an opportunity to go and tour when you guys offered them. Um, were residents also involved in those tours? I know you spoke to some that were for it. Was
there any that were against it? Can you talk to that? >> Um, not yet. the people that we have encountered through the township meeting, through knocking on doors, talking with neighbors, calling them, um have actually been in support of this
building being renovated instead of leaving it to fall down or be in disrepair. Um we've talked to them about some of their concerns. You know, security was a big one, which is covered by, you know, the Office of cannabis um management. Um we've talked a lot about
those things. Yeah, that was pretty much just their only concern was security and we're heavily re regulated for that. >> One of the comments that I thought was really um interesting from actually the very direct neighbor said that the use
of this facility in this type of use would be way less disruptive to their life than the old grain trucks that were there or the potato trucks that go by. So, in that regards, it's actually less of a nuisance than
some of the other farming types of trucks and things that go by. >> That's correct. >> No. So those would go away. >> Yeah. The uh the current areas that are set up in in bedroom situations and
stuff that certain section of the building would become office space. So all of all of the living situation and stuff in there would would get rearranged and and used for employee only office space. And it's kind of
conveniently located between the retail and where the section would be. So, it it kind of worked out well that way. >> No, >> no, we're not allowed to >> not allowed to have any residents on
site per the state. >> Thank you. Anybody in the audience or online wish to speak for or against? Anybody in the audience or online wish to speak for or against?
Anybody in the audience or online wish to speak for or against? Thank you very much and thanks for hosting the open house. You guys were very welcoming. >> Thank you. Okay. Um, look for a motion to close the
public hearing. >> So moved. >> Motion by Sebastian. >> Second. >> Seconded by Kurt Sherman. Thanks, Kurt. All those in favor say I. >> I. >> Opposed. Motion is carried. Public
hearing is closed. Now I have a question, Matt. Now, are we the final say or does this go to the board of commissions? So, Mr. Chair, this is a recommendation to the board of commissioners and whatever you recommend regardless, it
would still go to the board of commissioners. You Okay. Findings of fact. The development authorized by the text amendment will not create an excessive burden on any public facilities or
utilities. >> Um Mr. Chair, sorry, this is I know this is kind of a new um with our code, but we do have the review standards on before the first question, which actually does have some findings in there as well that we might want to
touch on. >> We'll start with that. In in granting a text amendment, the planning commission shall consider the effect of the proposed amendment upon the health, safety, morals, and general welfare of occupants of surrounding lands. the
effect on existing and anticipated land uses and especially the effect on agricultural uses. The degree to which a text amendment will affect nonconformities or variance requests
and Matt covered the comments on there and I did provide two sets of findings on which you all have. So feel free to um use whichever ones you feel are most appropriate for the situation.
>> Um I'm assuming they're the the questions are the same. >> This questions are the exact same. Yep. >> Consistency with ordinance. The text amendment is consistent with the general purposes of this ordinance.
Um there is some uh could be some disagreement there. Conflict with the comprehensive plan. The text amendment is consistent with the goals and objectives of the Klay County comprehensive and transportation
plan. Um, so there's only three questions. >> Four. >> Four. But yeah, tech. Yeah. Um, so what is everybody what is everybody thinking on the board?
Um, I guess I'll go first because nobody's jumping up. Um, I appreciate the open house. They were very open and excited with their plans. He's got a great vision and a big dream.
And I am not in favor of this text amendment. We worked not that that's a there's a reason that we decided in our new plan to host these put these
kinds of businesses on commercial land commercial property. It kept the business and the traffic away from homes. um other businesses. The one we
did last month, you know, that was about as close as you can get, 501 feet. Um but that was all but that was zoned to the highway commercial or the industrial. Again, I'm only one person, but
that's my piece. Anybody have any comments? Mr. Stiken, >> Mr. Jar and Matt, u I do appreciate your uh I was out at the site and they did a very good job of explaining
their their plans and all that. So, uh and I'm all for uh development and new businesses and all that. and
we spent a lot of time working on this text amendment. I don't know how many meetings we had. Um, and it's kind of there for a purpose. Um, I'm I'm not in favor of making any
change. um for the fact that there's so I know there's ways you could possibly get around it for increasing the lot size and getting a variance but when 8% of the properties in all these communities
would probably qualify. Um I'm not saying you know the truck traffic from potatoes and grain obviously is one thing and this has nothing to do with cannabis. It's a legal business and I support legal businesses.
uh a lot of these communities they're living there because the quietness, the stableness and you know I suppose comm the development is always good in some fashion but uh
for us to approve it would be putting such a burden on the uh board of adjustments and if they get bombarded with uh requests I'm not sure. I very likely will could be, but like as it stands
now, this one doesn't even come close to qualifying for two of the major. Uh I know they probably can fix the building. It's probably needs a lot of work and to get up to uh the standards the state has set forward is very high and they're
fully aware of that. Uh I do appreciate their their motivation and ideas and excitement and wanting to improve their their lot in life. Um but as it stands now u and I understand if it when it
goes before the commission it takes a supermajority to make this change and that's that's a higher standard than typically is involved. So that puts it to the next level that this is this is
very important to get it right. Um Commissioner Mojo will be on that. So um as it stands now I I can't support any change. >> No, this is not a we're in a This is not
a give and take. I'm sorry. >> I guess I would just like to echo what you guys are both saying. Um I agree it's people are out there because they want the peace and quiet. I really appreciate that they want to, you know, try and preserve this iconic building.
Um when Holly's built or burnt down not too long ago, it was it was a sad day. So it's it's sad to see these structures removed from our communities. Um but yeah, the amount of work on the back end that could go in, you know, for variances, I just think is just too much
at this time. And like um Matt had spoke about, we had just got these new rules in April. So I think we need to give it some time. Anybody else? Well, um I'll I'll chime in.
When I drive through these communities, I I realize people go there for the peace and quiet, and I'm I'm not totally disagreeing with what you're saying, but I also see a lot of dilapitated buildings and a lot of things that people want to do. I'd like to give them an opportunity to
do that. I don't think that we're going to have an influx of people because um so few are even close to complying and I just don't think we're going to have a lot of conditional use permit people coming. I think we're there's a
small percentage of anything that would qualify or get close to qualifying now if I'm understanding you correctly. >> Yes, that's correct. >> I I don't see that influx. I I just would like to see an op option given u for them to be able to do something with
some of these structures and and u and and not let them all fall into disrepair and and some of these other communities have those as well. So that's my two cents. >> Thank you. Guess that brings up a question I've had
in my head. What other avenues have they pursued or what other ways they accommodate the way they want to use this particular building requireing or I guess they pursued any other opportunities other than this text which
is a heavy lift on here but I understand that's what a >> so that's that's a good question um looking at potentially reszoning it to a highway commercial limited highway commercial I think would be difficult due to the findings that it has to be
consistent with the ordinance. So, if you are going to reszone a property, it should ideally meet all of the minimum standards for the zoning district, which you are going to um try to be reszoned into.
And so, um that's kind of that's that's the big barrier. I don't think you could you could do that. Now, say if they came back and had a property that did meet some of those that met those those standards, then maybe I'd say, yeah,
resoning would be a appropriate uh avenue for that. Um, but just because it's a it's not a conforming lot as it is right now. Um that's those are kind of the two main
processes that we that we have in in Klay County for um for property owners. um if they are not able to do something within the the permitting process um
they do have the ability to come and plead their case before you and the board of commissioners. So that's their due process to do that. And um and those are the two avenues that that we and all essentially all counties in in Minnesota
have is the text a text amendment or a a zoning district amendment or zoning map amendment. Yep. >> Mr. Chair. >> Thank you. Uh thank you, Mr. Chair. Uh one, I just want to thank the applicant. I I think Scott called me here probably
a month and a half ago, if that. uh just to really uh bring me up to speed on what the vision and the excitement regarding the project is. So I thank you for that, Scott. Um I will say the invitation that went out to I think all
the county board. I'm not sure if I was out of town, so I'm not sure who um had had the chance to go out there. Um and then obviously members of this board that had the opportunity to do that. Not often in all of the work that we all do regarding land uses do we have
applicants willing to go through that um those steps to uh fill folks in on what the vision is. So I I really do appreciate the fact that they're doing that. Uh there are a lot of hurdles with this project and I think the applicant is well aware of that and I think the
applicant is also willing to do what he can to get it to this point based on what Scott has uh talked to me about. Um, you know, I certainly uh appreciate that this will be a recommendation to the county board and then the county board will have the opportunity to kind
of factf find from there and see what makes the most sense. Um, we are kind of in um a new territory regarding cannabis business in Klay County because it is so new. Uh we did work at length on amendments uh or on what the rules and
regulations what we thought would be the best fit and it's challenging to know what what that is. I'm not saying that uh we've not adjusted pieces that seem to make more sense similar to what we did with the condition on the gravel permit earlier. Uh, I I will recuse
myself from this vote just because I think it's important to make that vote at the the um the um county board, but certainly thank you, Scott, for the work that you've done to make sure that uh you've provided as much information as as possible.
You know, I think I'd have to agree with Kurt um and a little bit of Jenny's comments just because it is lack of terminology. It's the wild wild west right now in this area. It's being almost made up as we go. Uh there are some guidelines that
are there, but it's still being changed and thought through as a dayby-day process. I guess I don't see the harm of sending it to the county and let the board would let them deal with it and go from there. Everybody that wants to speak, have they
spoken? Okay. Hearing no further discussion, look for a motion to approve or deny the recommendation to the board
for a text amendment. Mr. Chair, um just so I'm I've been trying to jot jot notes down just so I make sure that I have the the findings of fact that I want to make sure that they reflect whatever recommendation that you choose to make. And so based on
the discussion, um, do you feel that that it would be appropriate to go through the findings again and get comments on on each from each member? Um, or you could even
have a vote on if you if the majority or agrees or disagrees with with findings. Um, we just want to make sure that they accurately reflect your decision making for your recommendation. >> Yes, we can
go through them again. >> I'm happy to type them on the fly. I, as you know, my keyboarding isn't the best, but >> um so item number one, burden on public utilities. Um
it very likely not to have any effect because they have no public facilities other than power. Consistency with ordinance. The text amendment is consistent with general
purposes of this ordinance. Um, as we've heard from the board, that's, you know, kind of a 50/50 toss up there on what we all think. Um, I don't think that the to me the sentence that it would
likely create a substantial variance demand on the board is okay. I mean, that doesn't make it doesn't make any sense, but it has no merit.
That's why we're here. But conflict with comprehensive plan, the text amendment is consistent with the goals and objectives of the Klay County comprehensive and transportation plan.
In my opinion, there are substantial conflicts there. And just so I'm clear on these, what would for your consistency with the ordinance, is there something specific to that that you as a planning commission feel makes this not
consistent with the ordinance. should add in drafting the this particular finding with the the substantial variance demand. I mean that's a possibility. We don't know. Um one of the things that you would need to
look at is the impact of the text amendment on how it willffect nonconformities or variance requests. And so because of that, if something has the potential to have a high variance request, even if it doesn't,
it's suggesting that it might not be consistent. Now, there there was a good point made that there are um still 8% of the parcels. That's not 0% that could potentially meet the just looking at the
setback standards or the lot standards. And so you that's another thing to to consider as well. So if you if you as a planning commission agree with how this finding is drafted, happy and want to keep that
as your finding. We can do that or we can modify it in any way that you see fit because ultimately it's your your finding. >> Well, I would your your paragraph your sentence does in in my view accurately
State. >> Okay. We okay to move on to number three then? >> Yep. Um, this property doesn't meet currently, you know, before the horse. Um, it there's
it there's so many things that it does doesn't work. you know the setbacks, the partial size. Um that is no a definite in my mind a definite conflict.
this and it does not, you know, it's doesn't fit what we worked on and approved as a board for this type of business. Um, I don't know that I would feel any
different if it was any other type of business, but um, the fact is that this is what he's wanting to do. So, what anybody else have any comments on the comments?
Okay, I'm going to Pardon. >> Should probably roll call if it looks like there's >> And I'm gonna ask it's ask again for a motion to approve or >> deny. Recommend approve.
>> Recommend approval or denial to the county board. >> Okay. Yes. Sorry. >> I would make a motion to recommend denial to the county board. A motion by Kurt Shervin to recommend
that the board of commissioners gets a denial from this board has been made. Is there a second? >> I'll second that. >> Second by Ashley. Any further discussion? Hearing none. All those in favor say I.
>> Mr. Chair, may I can I I think we should do a roll call vote. >> Want to do a roll call right away before we Okay. I I think so. It sounds like there's differing opinions. >> Okay. >> Josh vote I. Josh votes to deny the
permit. Sebastian >> nay. >> Sebastian votes nay. Ashley >> approve. >> Ashley votes to approve the denial. Mr. Stiken.
I vote to approve the denial. >> Laura denial. >> Mr. Mojo recuses. Mr. Shervin, >> Mr. I vote n
>> and chair votes I. So, uh, roll call has been taken. It has been voted to deny and to send that recommendation to the board of commissioners.
Thank you everyone. You have any unfinished business, Matt? Uh, no unfinished business. Mr. Chair, >> new business, MCIT land use training.
>> Yeah, I just want to give a brief update update on our um land use training. Sebastian uh attended uh as well as Rita and um I don't know. I thought it was a good
good training um talk on just record. So um drafting your your record um is very and the importance of of doing that. Uh data centers was a a large topic of discussion uh and just kind of the lack
of of regulation currently with data centers in in Minnesota. Uh and then some potential rules that might be coming um in the future. um currently right now because we don't have them on our land use table as we wouldn't allow
them. Um but might be something to keep on our radar is if that's something that the planning commission would want to um look into drafting some some regulations on concerning data centers um
non-conforming uses uh structures and uses. I think Sebastian I don't know if you had any thoughts on that but basically it sounds like you can't wouldn't really be able to consider a use abandoned unless a tree fell on it and it stayed there for a year or a tree
grow through it and it Yeah. So bar is pretty high for for non-conforming uses. Um uh and then just some other emerging issues. Solar always comes up. Canvas comes up. Um those are kind of the two
that that come up constantly. Um and so we got some free legal advice too as well. So that was nice. I don't know if you have anything to add, Sebastian. >> Not really. It's more of like you were right on the nose, but like you said earlier, the onset of cannibis, they literally said it's like the wild west
of trying to come up with rules and regulations because it is on the fly. The card is way in front of the horse on some of that. So, yeah, it's it was very informative. I'm glad I went um a little bit more. And hey, we're doing a great job on our record keeping up. Good job, guys.
>> Oh, with with the data centers. So, do are there any So, do they have to prove that they mean do they need to have a they we've all been told they take a tremendous amount of electricity? Do they are they going to areas where they
have to show that they have the proper power to run there? They just >> I think where they were going to build and then they just don't >> I think they're they're so large that a lot of them are going through the the public utilities commission and then
also with um whatever the um electrical service provider is for for that area and and trying to make it work. And um in terms of of local governments, there's really whole not a whole lot that's currently happening right now. There's nothing like that
says that the local government can't prohibit them at this point. Just it's you know unlike you think of like a utility scale solar or a utility scale wind farm. Um you you know local governments have
jurisdiction but only up to a certain size and then then it's the PUC that has the jurisdiction. So right now it's there that type of rule making has not been been made. So um a lot of the sighting of these really I think a lot
of these data center developers are are engaging with um the electric utilities in the area and and who has excess power. Um where is a good spot for sighting? I know a lot of them want to site with
renewables. Also, water is a a big thing, too. Water usage. So, there's a data mining center in Grand Forks that we toured and it takes more power every day than the city of Grand Forks. >> They're huge users of power. So, that's
generally where they start is like you said, where the power is. And I've I've also heard that like um there's 10 planned in Minnesota right now around the metro area that will consume as much power as every residential household in the state.
>> So the Grand Forks is that all that power come from western North Dakota the coal mines and >> correct that's where it comes from? It comes from Makota Power and it comes from coal. Yeah, the vast majority of it comes from coal. uh 32% any given day is probably coming from so solar or wind
but that's on the high side generally it's coming from coal >> C county electric is doing the one proposed to do the new one >> in Harwood yep >> what will that do to Cass County that have any change to existing consumers I
wonder >> no it's it's probably a benefit for them because there's more well electric is going to make money on that and so it they they don't have to charge their customers as much to keep the trucks and the rigs going. We've got
several in reas. We've got data mining centers but smaller ones and they're quite lucrative. >> Mr. Chair, just really quickly uh just looking at current event conversations in regards to the sustainable aviation
fuel project proposed for Morehead. Are there any pieces similar to that that are gaps in our our allowed usage with the county that understanding that's within the city of Morhead's jurisdiction, but if there's anything
like that that maybe we should address? >> Yeah, I think that's that's not a bad idea. data centers, sustainable fuel. Um, ethanol would might maybe fall under um some of our commercial egg um um
uses. Um battery storage is one that's a big one. Um so on-site battery storage paired with with renewables or um another type of use is an emerging one
that's that's coming up as well. I I just would prefer that I mean you've done a really great job of continuing to update kind of current event type pieces. Um just want to make sure that we have some of those conversations had before we're in a point where it's a
challenge >> and this project could be like five to seven years down the road. So yeah, it's you don't know if and when it could take place, >> right? There's no I can see pre-planning and then looking at it at least. >> Yep. >> Yeah.
>> Yep. >> That be smart. >> I agree. >> Anything else? Anyone hearing? Nothing. Our next meeting and I'm sure that there it will be September 16th. >> Correct.
Is there one more month this year where it's not on the third Tuesday or are we or was that just once? >> We're third Tuesday from here on to the end of the year until January. >> Y >> anybody have anything else they need to
would like to discuss? There was an update on outstanding violations on the agenda and >> I have failed to prep prepare for that so I apologize. >> Yep. It was on last month's >> Yeah. >> 17 violations. Yeah.
>> Very no change. That's what I should just say. No changes to report. Well, really, even after the after the fact things we did tonight, was that none of the violations? >> They both they all still had affidavit
for property line setbacks that needed to be addressed. Yeah. >> So, I'm pretty sure that none of them changed. >> Yep. So, they've partially been addressed, but not fully. >> Okay. Thank you. Um, hearing nothing further,
look for a motion to adjurnn. >> Moved. >> Motion by Sebastian. >> Seconded by Ashley. All those in favor say I. >> I. >> Opposed. Motion is carried. Meeting is adjourned. Thanks everyone.