So I will call the meeting to order. Stand for the pledge of allegiance, please. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. Did everyone have a chance to review the minutes from last meeting? Suppose we need to make a motion to approve the minutes. We
have to do the agenda first. Sorry, that was my fault. Okay. Uh, do I have a motion to approve the agenda? I make a motion. Second. We have a motion by Amy and a second by Kelsey to approve the agenda.
All in favor say I. I. Opposed. Hearing none. All in favor. Uh now we can move to the minutes. Make a motion to approve the minutes. One second. We have a motion by Kelsey and a second by Lynn to approve the
amendments. All in favor say I. I. I. Motion has passed. Uh now we will move on to the petitions. You have docket number BOA06182501 Olivia. Yeah, good afternoon. Good afternoon. So this petition is for a
variance to construct a single family dwelling 770 ft from a registered feed lot instead of the required 1,000 foot setback. And that's based on the number of animal units registered for that feed lot. So some overview of the site. It's in
Saratoga Township section 11. You can see the parcel there in yellow along Fremont Drive. It's approximately 6 acres. Um I'll get into the history of the site a little bit, but it was split off um as a part of the beginning of this development.
So some of the overview of the project um they did go through the cup invariance process back in 2019 2020 for this project. Um it has always been a new residence. There was two stages. First they were going to build the shop and have living quarters in the shop
while they built their single family home. And so they went through the process of building the shop, house, shouse as a lot of people call them. Um, and then came in for the zoning permit for the new home and found out that it was going to be too close to the registered feed lot. Um,
with where we measured that setback from, that's why they're back here today to request a variance from the setback standards. Um in 2019 it was for a cup on less than 40 acres which is the ARC zoning district and then the variance
was from prime soils. Then on the bottom there that's the project description from back in 2020. So construct a single family temporary dwelling to eventually be used as an accessory structure and then build a new home to replace. So if we look at the original location
site plan and then the updated um you can see there on the left they had always had the shop and the house um and then when we look at it today 5 years later six about five to six years later um just based on the site conditions the house is going to be closer than that
1000 ft setback. Um, and then when we look at the aerial images from where the feed lot is, the setback from that feed lot is registered from the horse fenced area. So that's the feed lot owners. Um, I think they're
registered for two horses. So, you know, recreational use. The feed lot is primarily um cattle. And so you can see the big buildings there on the top right aerial. Um, so 770 feet is measured from
that fenced in area for those horses. And that's because it's all on the same feed lot registration. It doesn't doesn't break it out between um, you know, personal use versus like use for income. I suppose
some of the considerations, like I mentioned, it's ARC zoning. It's located along Fremont Fremont Drive. They did receive the access permit back when this project originally started. So, there would not be any changes to that roadway. They would be um basically just putting a new path in from that existing
driveway on their property. So, no no changes to access. Um they would be required to submit a change of use form to relinquish the existing living quarters in the shop. That was um mentioned in some of the letters that we received this morning that you guys have copies of. Um concerns with having
multiple dwellings. We don't allow that in ARC unless it's for farm help or home health care reasons. So they would be required to no longer use that building as living quarters or as a dwelling. And we see that I mean people will use it
for gathering space or an office space or something like that. It's pretty common. So some of the site overview photos when I was out for the site visit. Um this is looking off of the existing driveway towards where the new home would be going. It is pretty wooded now, so you can't really get a great context of the
site, but we'll go through the photos. Um, and you can see where I was standing on the aerial on the bottom left. So, this is looking north um towards where that new home would be going. It is sloped down um slope to the north to
the neighbor's property. That was another thing that got brought up in the letters. Um they would be required to do an erosion control plan. So essentially they can't create um worse conditions for neighboring properties as a part of the development. They would need to address those
concerns on site. This is looking west. Um again there's one of the corners of their proposed location circled in the photo. um looking south and then this is their existing access
looking west down Fremont Drive. Saratoga Township did hear the petitioners in February at their meeting. They indicated support um and did provide comments saying that they support the variance because it was agreed upon when Chris started this building site 5 years ago.
So, our recommendation would be that you consider all materials and testimony before making findings that support your decision. Um, analysis and draft findings do support granting the variance from the feed lot setback at 770 ft instead of a,000. Um, should the board of adjustment decide to approve the petition, we've drafted two
conditions for your consideration. And like I mentioned already, there are two neighbor comments that we received that you have paper copies of. Um, but any questions for me? Yep. Um, it said there was a prime soils variance before.
Usually when we see wooded lots like this, that's not an issue. Um, is that was that like class three or something? It probably probably wasn't class one. Yeah, I don't know if it was class two or three off the top of my head, but it was pretty much all prime soils, I
believe. Yep. the the original um number like 80 by whatever that was at the beginning of the presentation. Was that for the building they currently have or was that their planned size for
their house and that also changed that 80x 46? Is that the temporary dwelling space with the shed or is that the new space? That would be a good question for the petitioners. Yep. I can't confirm that.
Olivia, do you have information about what the recommendations are from the county on the slope or what that slope is on that site? What the percentage is? Yes. Um, so it's a 90 by 90 square. If we look at it,
it's probably 7% about where they'd be building. 7 to 8%. And what are the ordinances for building on slope? So that's not considered a steep slope for the zoning ordinance. They would still submit an
erosion control plan to address as a part of their building project. Um you know what they're planning on doing with exposed soils and things like that for the site. Um soil and water does provide review and recommendations too. If there are concerns um they are a good
technical resource for us to send those plans to to get reviewed. Is that one of the conditions that the planning uh commission is put has put in this um or two conditions? It's not listed as a condition on the
variance, but if you would like it to be I mean you could certainly add it. Any other questions for me? Are they putting in a whole another septic system or are they attaching to the one that's already present in the temporary
dwelling? I believe they designed the existing system for both. Yep. When they put that in. And where's that located on the property? Um, if you look on the right, it's in between the existing shop and where the
house would go. Okay. So, they couldn't move the house over that way further because that's where the septic is, right? Okay. Any other questions for Olivia? Oh, I have a question. What does relinquish living quarters mean? So, because they applied for it to be
temporary living quarters, they can't keep it as living quarters once they build the new house. So, that change of use form is essentially documentation saying that they're no longer using that as living quarters. So, they can't rent it out. they can't have, you know, someone else be living
in that once they build their new house. So, the plan, their plan, their proposed plan that's been approved is has always been live in the shop house while they're building the new home, build the new home, then that living quarters would no longer be a living quarters. Okay. So, not even
say somebody stopped by to visit overnight. I mean, is there a limit on time or There's not. No. um there's not a limit on time, but it can't be them providing that change of use form
is them signifying that they're not using it as living quarters. So, they're not having someone living in it as a dwelling. That's not to say that they can't have a family gathering and use the kitchen space and outdoor space and things like that cuz obviously it still has a bathroom and it still has a kitchen facility. We're not saying that
they have to strip everything out of it. It just can't be used as a house or a residence. Okay. Thank you. Yep. All right. Thank you, Olivia. Thanks. Uh, would the petitioner like to come forward and address the board of
adjustment? Just state your name and address first for the record, please. Chris Roth in 14800 Fremont Drive, Udica, Minnesota. It's my wife, Elsa. Do you need hers too or? No. You're both on the petition, so you should be good.
Um, is anything you'd like to say to us uh regarding this petition? Um, I believe was it Kelsey, you had a question about the shop? Uh, yeah. I just had a question because it didn't specify at the beginning the 80x 46 building. Is that the current space that
you're in? Yeah. So, I drive semi over the road. So when we built the shouse, it was kind of a thing for my business for the semi and then we had living quarters till we um got settled to build a house. Um and that's the living quarters are only
upstairs um half of it. And so it's still the current site footprint for the new house is 90 by 90 still. Yeah, we just did a square because we have a guy that we're going to use for our um our plans, but we just
didn't go through with it because it's really expensive for the 3D plans until we for sure uh got the okay to do this. And I'm not sure if I'm supposed to ask them questions or if I can state things. You can tell us anything you'd like to. So,
when we first built the shouse and we planned to put the house up there, originally the drive the driveway used to um I don't know if I can go point. You can. Yeah. The driveway used to come more like this, but then the city or
township had us move the driveway because they said that the visibility was bad. So, that kind of messed with putting the house back a little bit further. Um, and then at the time it was never documented, but someone stated that since a horse barn was more
residential, we thought it was a 500 foot setback. Um, we didn't know it was registered as part of the dairy. So, we were going off of the,000 foot setback on that freestyle building. Um, which I think we still meet that thousand foot setback from the freestall. I know there
was one comment from the neighbor. If they ever wanted to expand, that might be a problem, but I think they'll still have room from that thousand foot on the freestall if they wanted to. And then the erosion, I saw that there
were some comments with the neighbors. Um, that's a separate valley. The tires never washed from our place. Um, our water runs a different valley. I was actually from my dad's place. The ditch has always been there. And one of the
issues, the reason there's more water runoff is the township ditch filled in between my place and my dad's, which is just to the east of that. And the water is not running down the ditch properly anymore. It goes through the woods um
partway between and that runs to that valley. But there's always been a dyke pond below the valley that just filled in after the years and that's where some of the erosion through the field kind of came from. But ours we we have quite a
bit of vegetation of woods um where the water dispers and I know Amy was out at the site to kind of see um I mean we don't have any big ruts through our woods. I don't know where the water goes after that, but it's a valley. So,
anyone have any other questions for the petitioners? Yeah. So, in the letter um that is concerned about erosion um is that on their property? Yeah. the So, the erosion
they're saying is on their property and the dyke is also on their property that's catching uh the water that's running off. Yeah. Okay. Which is a long ways down and there's a big valley um a ways out in the woods where all the
water I mean it's a it's been there for forever and that's where the water has always ran. I know they cleared out a bunch of trees going up to that valley area and I don't it's more of a water run which is kind of I don't know if
more water runs now because there's not as much tree vegetation if it that's something maybe someone might want to come out and check out. It's hard to I tried taking pictures this morning but you can't see the slope in the picture and it's all weedy. So, it's it's almost something if they're concerned, I would
be happy to show people issues we've seen. What you're saying is it's not happening on your property. No, we don't have any ruts or nothing. I mean, there's it's pretty wooded and we're trying to keep
the woods as woodsy as possible. I mean, obviously there's trees that do have to come down, but we uh we don't want to clear the six acres at all. And the driveway for sure will come off of our driveway. I saw there was one
comment about a third driveway. It's we're not putting a driveway off the road at all. Can you show up on the where your driveway to the plan site would be? Um, this is kind of an old picture, but kind of where that dirt,
that's a trail we have. And I know um Olivia, I believe is her name. She had a picture standing from the driveway um where the driveway would go in because the garage doors were going to be back over here. So, it just be a straight shot in. So, it'll come off the
horseshoe part. Yeah. Yeah. Right off of here. So, the horseshoe part in that building is where you live now. Yep. right here. Okay. And then we did put the well I know the old picture um when
the well people came out they decided to move a little bit um from the 5-year plan. So or permit whatever it was. So the well head is up this way but we did plum water under the driveway and it's just a buried line underground for the
house eventually. and we had the septic set for like a five bedroomedroom house. So, it was a big enough septic to do that. And then with the living quarters in the shop, you know, we both come from a
family of 12 and we always have had gatherings at the shop downstairs or whatever. So, that's kind of what we planned in the future. If we wanted to have gatherings, it would more or less just be a gathering place. Um, and then I
wasn't sure about, you know, it's we never ever plan to rent it out because for one, it's when you walk in the door to go into the shop, you have to go, there's no divider wall, I guess you can say. You got to go upstairs. But I never wanted anyone um, what you want to call
it, a residence or since it's my shop for my work, I never wanted to deal with something like that. there would more or less just be if a family member came down and you know wanted to have a gathering and stay the night or something. So on one of these letters it says that
on numerous occasions that you had mentioned to rent it out. So where do you think that came from? Well, I'm pretty good friends with uh Noah. We both drive truck and I mentioned to him that my brother, he's a diesel mechanic and he does a lot of work on my semi and
stuff. He mentioned at one time, "Oh, I could when you guys build your house, I can come live at your shop." Cuz my dad lives right down the road. We grew up all 12 of us on this acreage. And uh I told him right there, I said, "I don't I don't want anyone I want to have control over it, I guess
I'll say." So, I may have said something to the neighbor that some my brother wanted to, but I never mentioned that. I never plan to make profit on it or nothing. So, that was probably just a misunderstanding. Yeah, I feel like it's might be something to use against I
don't I don't know what I should say. And then if I thought I read something where you're you've complained about the smells. Uh I've never complained about the farm smell. I grew up milking cows. I don't mind the organic smell. Um I
mean there's been times I've uh complained about the dust, but I didn't complain about it in a mean way to them. I understand farming's farming. Um I have called um the township and asked them what the rules are if I spray the road cuz sometimes I just feel like it
it's more of a hazard. If there's anything I had a complaint about was uh some of their tractors do almost 40 miles an hour and with these curvy roads and they got duals on and they're hauling tankers, they definitely go fast
enough, which is irrelevant with the situation, but it's just something that's the only thing I've had to complain about. And we have signs up in our ditch now. Um, drive like your kids live here because we got three little boys and um sometimes it just seems
crazy for the the speed for a big equipment, but the dust I mean, yeah, we've all complained about dust, but never in a way to make them feel like they need to stop doing what they're doing, I guess. So, did the county or your township say
anything about putting So, they normally do it twice a year. Um, and I know it's a different um, township than like say a mile or two mile down the road they got their roads sprayed already. So, I've made comments like, "Well, why is their road sprayed and not ours?" Well, it's a
different township. Um, and Tom Campbell told me last year that I am not I cannot personally put any chloride or anything on the road myself after a certain time of the year because it can turn to ice or something. I don't know what the for
ice purposes, it wouldn't freeze or something. So, that's all I got. Um I've dealed with it my whole life. I've lived on that road. So, it does get to be a lot sometimes and it is a busy road. So, but So, if you end up building a house,
are you willing to put up with the dust over the years? We've already planned to put, you know, dust uh what are those? some kind of a bush to slow the dust out. It's open from like our the road to our our shop house right now, but where
the house is going to be, there's trees and it's all wooded right there as kind of a little barricade for now. But yeah, we want to put more up. It's never been a problem where we're It's more of a safety thing when I complain about the dust. It's not the
fact that the dust is going through the yard. It's just uh sometimes you can barely see after something goes by is more or less the the dust concern and you can deal with the smell. Okay. Oh yeah. I I actually you want to have a good neighbor relationship. It sounds
weird. I I actually don't mind the smell of farm manure in a way. The farm. I love a farmer. Welcome home. There's something about just the dairy smell. it. I mean, obviously, nobody wants a liquid tanker in their yard, but it's uh the farm smell itself doesn't bother me.
Um, and I had another question. Do you have questions while I try to remember what my question was? I was curious. Um, does your family own the parcel above yours or who do you know who owns that? So, the farm you mean?
Um, not the one that's in contention here, but the other one that kind of just is a little bit and goes up that direction. That little slit, the other six acres. Is that how much? Yeah. So, that's my dad. So, it used to be 12 acres and then when when we bought it,
we had a split parcels because we couldn't have two dwellings on there. That's why it's split. Okay. So, yeah, that's my dad. That was on the other one. Yeah. And that's another like valley ditch there. And that's where some of the when they say tires and stuff washed out. We used to have a junk pile back there, but it never washed the
field. It just kind of was in the valley, but I actually cleaned those up. I never So your dad's runs that direction towards their property. The boat does. It doesn't Everything So where their farm is, everything runs Yeah. in a valley.
There's a valley between I guess uh it's hard to tell in this picture, but the valleys like all run this way. There's an old stage coach road right here. Okay. Like down through there. Everything runs that way. So our slope everything kind of goes through the
woods there. Okay. Cuz they're they're uphill from us. They are. Okay. So is where they say the tires and stuff potentially would have gone. Can you point where they Is there another picture we could pull up that's bigger
on the map or do you want me to pull it up on my phone like a map? Um I think if we get the other picture where you could see my dad's place I think. Okay. Okay. So
yeah, this is my dad's six acres right there. Okay. Who owns what's above that? Oh, that's the farm. G. That's theirs. So they own both of those pieces. Uh up here. Yep. Yeah. Okay. And then I own the yellow and then dad owns this other triangle. Okay. Okay. Um
so the field here there's a valley there's a valley here and then there's a valley like in here. Okay. And so dad's valley there's a big re uh it's been there forever. It's just a I don't know
if you call it a valley, a d like a ravine that runs kind of behind his place and down. And mine runs some this way and then some that way. But I shouldn't say run. I mean there's no ditch from my place down. It's just
woods. So it's flat, but then I'm sure yeah, some of the water runs through the woods and then goes to the the valley. But yeah, there's a uh probably right down in here there's always been a pond because when we built when my dad built an addition onto the
house uh back in I don't know 96 or something. I don't know when it was but they uh they dug out of that ditch or that um pond or built. So there's always been kind of a dyke there. And so then
where they were saying the tires were running were down into the field, but really they sat down in the the pond area, I guess you could say. And a lot of that stuff when we were kids, I have seven brothers and to be honest, a lot of those tires were
rolled down. It's a steep hill below my dad's and we used to get inside the tires and roll down the hill. So, some of it's been there for centuries and now that things have got moved around and whatnot. There's plenty of bike old
bikes and stuff that I've tried to clean up when we see it. It ain't like they've ever had to tell me to go clean up junk. It's not like it's a junkyard down there. It just a lot of memories, I guess we'll say. So, that field is lower
down to a field. I don't know if you've ever been on Fremont Drive there, but that roadill going this way is a steep hill. Okay. So, it's it's quite a bit steeper. I'm not sure the elevation, but it's it
slopes in the woods all the way down to the field. Yeah. Okay. All right. Anything else for the petitioners? Yeah, I remembered my question. Over a concern of months, if they ever wanted to expand,
then they might run into issues with the distance between your house and where they want to expand. So, are you willing to grant them or go along with it? I know you don't do the granting, but are you long willing to say yeah that guess if you
want to build a um band or I guess if I had something to say to that he's told me that he's bigger than he he's got more cows than he wants and if anything he wants to downsize um and they have a lot more
flexibility I'll use um to if they wanted to go wide or they have a lot more options not just one option. I'm kind of limited to where we can put a house. Um, and I I do feel that their freestall
were definitely um I know when we measured it out where we wanted the house, we were going off of the freestall and I know we were past that,000 foot. It was like,00t. So, um, we were never planning the horse
barn to be a part of the feed lot dairy operation, I guess. Um, that was something that was news to us this year, even though it's kind of been that way, but I never knew that was an issue with the horse barn. I was going to add when we had this
erosion that Jamie claimed that tires and stuff washed. Could you say state your name and address for us for the August Roth. I'm Christopher's dad. I had the other six acres. And uh last summer when we had that
heavy rain, you know, the river flooded and several other streams flooded in I believe in June. Um that's when the erosion, it didn't even go into his field. It just went in off of my property into his property.
It's it very seldom happens. It's just when we had that super he even had a a driveway wash out on his other farm that you know it's a very rare it's not like the erosion happens
regularly. It's Yeah. And it sounds to me like it's kind of irrelevant to the property that we're dealing with here. It's more towards you. That whatever ran into Jaime's came from my property, not Christopher's.
Gotcha. So Chris, if there was an issue when you built this planned house that you're planning on, um if there was an issue then with runoff because we can't predict what rain is going to fall and so forth. Um would you be willing to
operate under a condition that you would follow um erosion control? Yeah, I definitely wanna, you know, when we have the excavating done, I definitely want to have it done where it's, you know, not trenched running into his place or
nothing. I I want it done right. I'm not trying to cause a problem. I've always been super generous being neighbors. I mean, it was my great grandpa's farm, my grandpa and my uncle's farm. So, it's not like it's just a neighbor that I don't know. I've,
you know, dad was there before he was. I I appreciate the people they are. I I'm glad they're farming. I just this was always our plan and it's kind of a hardship for us to have a my business shop there and then all of a sudden find out you can't build
a house and the sepic's there so we can't add on to the shop that way and you're just kind of we got three boys already so we didn't really plan the shop to be that and she does homeschooling too. So, and I know when I visited you spoke
about uh sustainable forestry with the trees that are on the site now and I heard you speak about additional plantings for dust and so forth. Y so that um could be something in an erosion control plan as well. Yeah. That you'd
be willing uh to go along with. Yep. Okay. Yeah. There's a lot of little maple trees out there that I'd like to hire someone to tree spade them up or whatever cuz they're take forever to grow. But yet there's so many of them as you could see. They're just everywhere.
So I want to preserve the land as much as possible. I'm not trying to destroy it. All right, I think we're good. Thank you. Um, Olivia, would you be able to speak to what would happen if they
wanted if the neighbor wanted to expand their feed lot? Sure. So, if this experience were granted today for 770 ft, that would give the neighbor 770 ft that they could be closer. So if they wanted to expand
their dairy, so that horse barn is the most limiting factor right now. So if you guys grant a variance from that horse area, they could still expand their dairy up to that 770. Um, if they want to go to 750 and be closer, it would be on them to get a variance from
the feed lot setback from a dwelling. So it's really whichever party is initiating the move is the one that needs to apply for and receive the variance. So they would need a variance to separate horse horses from the if they wanted to build any closer than
where the horse area is now. How how would it be to how how big of a process would it be to like take the horses out of the dairy in terms of animal units or feed lot? Yeah. Feed lot. So I
they're on their feed lot registration. So, I would think I'm not the feed lot officer, but I would think that they would need to no longer have the horses be on that on their property. So, they the horses wouldn't be there and then the closest point to the feed lot would switch to it sounds like the barn would
be the next closest point that we would measure from. Okay. Thanks. Yep. Um, so I would be looking for a motion to open the public hearing. I make the motion to open the public
hearing. I'll second. We have a motion by Amy and a second by Lynn to open the public hearing. All in favor say I. I. I. Opposed. Hearing none. Uh, the public hearing is
open. Would anyone like to speak for or against the petition here today? Anyone in the room or online? Uh, state your name and address, please, before we start. 14358 County Road 35 Udica. I'm part of the Saratoga D board
and um he has uh pretty much gone with everything we agreed with. um as far as the driveway permits that we issued to him. Um he seems like he wants to take care of the place. So I feel like um
that's why in our letter of recognition we um we uh we really supported it. So we just feel like he's going to take care of it. So So that's pretty much all I have to say.
But um you know I live just down down the road from him so I don't have no complaints. I know there's been a little quarrel between these two. I hear it from one side. I don't take sides but when we uh did the knowledge on um
notice we felt that it was stayed in there that he planned on building a new house in 5 years. So we thought we'd stick with our plan. So, so okay. Thank you. Thank you.
Is there anyone else that would like to speak for or against the petition? I don't believe there's anyone else in the room. If there's anyone online as for the third and final time, if anyone would like to speak for against the petition, please come to the
microphone now. Otherwise, I would entertain a motion to close the public hearing. Make a motion to close the public hearing. All right, I'll second it. We have a motion by Amy and a second by Lynn to close the public hearing. All in
favor say I. I. Opposed? None. Public hearing is closed. Any discussion? Um, so I'm just looking at these letters just to kind of get in my head.
Months are the ones with the freestyle, right? Mhm. Do we know who copies or where their land is? Um, if you'd like, you can have him come or Olivia come to the microphone.
Yeah, just come up here. Uh please. So you had a question who the Noah and Rachel are. Yeah. Where is So Rachel is uh Amy and Jamie Munt's daughter. She married Noah They live um across
the road to the south. So they're just related a daughter to Amy and Jamie. Right. The property doesn't run to theirs at all. Just a neighbor. Okay. I mean, it sounds like and from looking
at the pictures that um their concerns about taking agricultural land away doesn't really make sense to me. Yeah, this doesn't really strike me as land. Yeah, very wooded. Um unless they're going to do timber, not
they're not farming that. So I guess um should have asked do you guys I'm sorry I'm just gonna ask a quick question. Um on your shop on your shop um do you have
gutters or like where does the water run off of your shop? Um in all four corners. I when we built it, we didn't want to just do one corner. So, we have all four corners and the uh which would
be the south west side runs to the uh the west and then on the southeast side it runs we have a concrete big pad and there's a gutter there and it runs underground and then dispersed through
the yard through the woods. It's not a a ditch. Um, and then on the back side we have a big garden and there's actually a fence and it dispersed through the backyard on the top side of the garden. So with that heavy rain that they say
like had all that erosion, nothing happened on your property with all that rain off of the building you currently have. Okay. We don't have any ruts or nothing. I mean, we have trails through our woods and once in a while there'll be a a little Sure. just from the tire
tracks of the Rangers and stuff. Okay, thank you. Well, I know we're only hearing one side, but it sound like questions were raised in these letters.
Kind of like Well, I I wish grapes. I don't understand their uh talk about the tires. It sounds like that wasn't quite where I'm thinking their letter.
um is um concerned about. So I I wish they were here. Um but um it I didn't see any tires. I didn't go all the way down in the woods. Um I didn't see any ruts. I didn't see any erosion around
the building or the building site. Um, naturally, when there's going to be uh excavation for another building, there will probably be some runoff, but it sounds like Chris is agreeable to uh
conditions to make sure that that um is not a problem. I would I would make a motion to approve the variance with the third recommendation that Amy had for uh we'll have we should nail down that uh third
condition quick then uh Olivia would that be like a swip or something? I would say that um common so is more of a state requirement. So it's a pretty intensive plan. If you wanted to do something that was approved by the department, we've had language in the
past that says petitioners submit a an erosion and sediment control plan that gets reviewed by Winona County Soil and Water Conservation District and then approved by the department prior to a development certificate being issued. Does that language sound good to you? Yes, I think that sounds very
professional. Great. Uh, so we would need a motion to um add that third condition. I make a motion to approve the third condition as stated by Olivia.
Do you have a second on that? I'll second. So, we have a motion made by Amy and seconded by Kelsey uh to add the third condition as stated by Olivia. All in favor say I. I. I I
opposed. All right. Hearing none that is added. Um now we can move along with the recommendation here. Would you like to I want to remake your motion or Sure.
um make a motion to approve the variance with uh the three conditions listed. Do we have a second? We'll second. We have a motion by Kelsey and seconded by Lynn to approve the petition with the
added third condition. All in favor say I. I. I. Opposed? None opposed. So that passes and I will read this. All decisions by the board of adjustment in granting variances or in
hearing appeals from any administrative order requirement, decision or determination shall be final except that any agrieved person or persons or any department, board or commission of the jurisdiction or of the state shall have the right to appeal within 30 days after
receipt of the decision to the district court in the county in which the land is located on questions of law and fact. Any party that would like to submit an appeal to the decision rendered at the public hearing must do so to the district court. Planning and environmental services is not
responsible for filing the appeal or obtaining representation by council for the petitioner. All right, that is that last thing on the agenda would be adjournment. I make a motion to adjurnn. Second. We have a motion by Amy,
seconded by Kelsey to adjurnn. All in favor say I. I. I. Motion passes. We are journed. Thanks, Jordan. Men, are you going to make it