pledge of Allegiance I pledge algiance 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 Find out on the 24th if she All
right we will move on to the approval of the agenda Motion to approve Mr Chair could I sneak in one item introduction of new staff members either at the beginning or the end whatever your just fine [Laughter]
Okay Okay I'd like to introduce our new feed lot officer Brian Close I get that one a lot I'm uh Brian Berthium is my name Um I've been in the role for just over a month now
Um yeah I previously did a lot of work mapping and I went to college for uh geology Um so I've got a lot to learn in the world of egg Um it's been been really fun to uh kind of delve into all
sorts of topics in the last month here Um yeah I'm really looking forward to keeping things going And where did you do your studies at Winona State University Terrific Yeah Well welcome Nice Oh well thank you It's nice to meet
all of you Thank you Brian Thank you All right we have a motion to approve the agenda I need a second All right we have a motion by Kelsey second by Amy to approve the agenda All in favor say I
I opposed Hearing none the motion has passed Approval of the minutes from January 16th Move approval I'll second that I have a motion from Ed to approve and a second from Lynn Uh
all in favor say I I Opposed Hearing none We will move on to petitions Docket number BOA041725-01 Yeah I guess I will kind of uh present
the first one here Um number one um this is in regards to a kind of a twofold request Mainly when we processed this we were more centered on the setback that a proposed structure would
be from a state highway But as we reviewed this um you'll you'll notice a trend in this afternoon's petitions All three are relating to a prime soil element So you know hopefully between the staff report and the presentation I
have that some of those questions along those lines are going to be answered Um the the bullet points show the sections of the ordinance Uh the first one is regarding a setback that is applied from a state road and the second segment is
from the prime soil requirement and that's applied because the appent applicant in this case Mark Leonards has indicated that the shed or the structure would actually be um co-used as a um a a
dwelling of sorts So that that would apply in this situation Looking at the site overview this is from a GIS snippet It's a infamous T-shaped parcel because of the historic that's associated with that
parcel It's a remnant of a railroad that um operated in that area in St Charles Um you can see there's parcel numbers to the north that start with a 29 that would indicate that those are within the
city of St Charles The ones that start with 13 are still the St Charles Township property Uh this is the applicant site plan They wish to construct a 100x60 multi-use structure that used for
storage for farm machinery personal storage and also an area designated as a living quarters As mentioned in the staff report um the property that you see immediately to the right or to the east uh it's
indicative of the parcel number that ends It's 1301420 is a relative I believe that is the son's property So the intent is to um almost use that in a shared manner where they'd be using the existing
shared driveway There's an existing access and then there's a well on that property So they would tend to try to receive water service and they would if this is ultimately approved they'd be seeking some type of sanitary uh provision that would serve the proposed
new structure in use again showing kind of more expanded view Um the area that's north is actually Minnesota road right away for 14 A packet of information and a formal
request was sent to mind district 6 asking for feedback or comments as this relates to uh the road jurisdiction which is MDOT in this case uh they indicated that they didn't have any comments at the time but if they did
they would notify us and send us that As of today we have not received any additional feedback from MNDOT regarding this request And when we overlay the prime soils the type ones twos and threes uh
this parcel is entirely encapsulated with prime soil overlay Thus uh it is in the agricultural district still So that standard still um needs to be addressed So that's why it's referenced with this
petition Laid twoft contours on this map Uh the the red lines are representing a two-ft change in elevation and the yellow are indicating essentially 10-ft changes in elevation You can see that the way that this parcel is kind of
oriented there's somewhat a drainage pattern that would move runoff and um material to the east You'll kind of see that with the picture slides that I got coming up Again it is uh a historic parcel This
shows makes reference to the old railroad which indicate is a 50 foot um segment from the center of the old bed of the railroad and it flares out where the the widest part is uh on the west It
actually would be additional 100 ft on both the north and south So it's it's the main usable part of this parcel would approximately be uh 300 ft by 110 And that's where the applicant
indicates where they'd like to put the structure and the most usable part of the of that parcel Couple of pictures This is looking to the west The structure that you see is on the neighbors I believe that's the Heim property And as I kind
of referenced in the staff report um that it's has a historical use of being commercial industrial and um other types of use In this case it was I think they have multiple uses there There's an
agricultural sales and service that sells seed corn and I think some fertilizer And as you get further to the west closer to the high school uh we actually issued a beauty salon where they were performing um hair service and
whatnot Um there's also been a history of variances There was a variance granted for the structure that you see And then there was also variances granted to allow some of the signage throughout the years And this is just briefly tracking all the way back
through the 80s and 70s of this immediate neighborhood Eric do you know what those variances were for distance from the road from state because the the 130 ft has been a a consistent setback that's been applied um off of Highway
14 Uh the left picture that you see is looking back to the east along Highway 14 and essentially where it's been mowed You can see the change in the stubble height I'm actually on the mind right away with the vehicle that's parked
there Um the actual property that's been illustrated in this packet is actually following the longer um vegetation Picture on the right is showing one of the corners It's been painted in red and I'll kind of show where the other corners are that are
attempting to represent the the structure location one straight on And you can see as you get further to the south or deeper into that parcel there's a definite change in elevation It gets steeper with the grade
and that kind of corresponds with that liar that twoft elevation change um in the applicant's comments are citing the need for the variance to try to minimize the amount of land alteration and it wouldn't even be as close as what the adjacent structures
are to the road and it would be uh smaller in size and I think based on those um um points that's why we didn't really receive any feedback from MDOT it's not uh asking for a closer encroachment or anything that would uh
be outside the norm of that established area One other um set of pictures again the red there's one that's right at the line of where the rightway is and then there's one that would be the far I
believe the far southeast corner of the proposed structure right there at the base of that little um brush thicket Again it's a proposed 100x60 shed with intended living quarters They're asking for 80 foot setback from
Highway 14 instead of the required 130 The proposal would involve using an existing driveway and a shared capacity with a relative located to the east Eric may I go back to the driveway i see the
driveway continues off the screen the lower screen Is that a farm yes It uses equipment be a turn lane on 14 since traffic will increase in it No there would be no improvements to undergo a a
turn lane or a change to that That would take a study and um quite a bit of information through Mandot to do that Um I believe the farm that doesn't show up on this but it's further to the south is a poultry turkey um operation was a
Hubard um at one time then it was um Jerome Foods now it's probably GeneO So it's changed ownerships throughout the years but it is a a poultry uh facility Thank you
Yep The applicants did approach St Charles Township on February 18th and they had their form um acknowledged and completed and they indicated no comments as to this request Again a packet was sent to MDOT
District 6 They acknowledged receipt of that and they indicated should they have any formal comments that they would respond back And then as of today we've received nothing additional Um in closing I guess uh please refer to the staff report uh the
findings that staff has proposed the findings of fact document that has been supplied by the county attorney's office and staff has um recommended two conditions of of basic um
conditions and with that any other questions you had that green outline like a T-shape Mhm Between the green and highway is that all highway right ofway then yes it is And then the driveway
coming in that's been there for long long time Yes So the only additional She was concerned about traffic sounds like but it would just be the couple that's going to live there So probably one car Correct Yeah It becomes more of a dynamic when a
commercial business um you know if it was a conditional use permit where they're going to have employees and quite often onsite um sales or service of some kind and you expect a certain generation more in traffic It it could
arise to that level especially heavy equipment Is it just going to be a shed for now because it it in all of the approval criteria it doesn't as far as I can see say anything about the living quarters It just says bullshed
shed Um and I thought I saw something somewhere about a mobile home Did I Is that in this one i was trying to look back and find it but then I was like pole shed Are they going to park it underneath like it's a pole shed that
would be um I think an inner area delineated as a shouse or a living quarters and you may you could ask the questions of the applicant just to get clarification on that but yes we've taken the approach that um for for permitting that
it would have to be recognized as a dwelling in and uh co coherent co co-currently with uh up the pole shed So and then they would potentially if if it needed a variance have to come back for
the well and the septic if they put one in or No no It's it's understood that they would they put a septic in or they may put a septic tank or a holding tank that may be again used in conjunction with the neighboring property or if they
have enough room to work with they could um come they could evaluate on-site service too for for for a septic system based on the low put it up and know that it's a potential living quarters They don't have to have all that ready in this document at this time Correct it's
being recognized through this process They'll they'll have to clarify that if it's approved when they get to making those permits but right now based on the structure deficiency of meeting the setback you know that was the main issue
And where's their driveway to their shed going to go from the road my understanding they would come in and they it would have to be contained on the parcel So they'd have to bring it in this manner here And that's like a more
efficient way to do it than to flip it the other direction and put it closer to that driveway Yes And I think putting in a a new um cut off of Highway 14 that would
bring up a whole new review by Mandot to put in a new access to serve that So they're not going to put the living quarters in right away That would be in the future that they'd put the living quarters in I know they're still
weighing that but they would want to design that structure to have a corner of it or a portion of that as living quarters and the rest of it would be used just for like cold storage Okay Eric has any of the property outlined in
green in the recent past been used for agricultural purposes no it hasn't to my knowledge And the parcel to the west with the commercial tan hole building on it Is that built on prime soil also yes
it would be Do we know if a variance was granted to that that predates our ordinance amendments that put that into effect Thank you Yep Any more questions for Eric all right Thanks
Uh if the petitioner is here if you'd like to speak you can come up to the microphone Yeah Um I guess uh just state your name and address quick for the record My name is Mark Leonard Be Mark and Carol Leonards
Um uh we live over by Chatfield So my son resides in that house at the end of the green there So what we're proposing is as we're getting close to retirement ages to put a small living quarters in
the end closest to the woods be this towards the bottom there So and we're trying not to we'll be coming off of the main road uh we don't want to go out onto the highway up where the shed um you know is closer and then you know
we'll be uh that building that's already there is 66 ft from the center line and um we will be uh 80 ft be you know so be 20 ft even beyond where that is at in in
reference and then um when we put a new septic field in at my son's house We kind of oversized it Um a bigger tank a bigger um drain drainage field and stuff in case that he
wanted to put in a shed up with a bathroom or something in or add on to his house So what we're thinking is maybe trying to maybe um use that septic field and drain field and get our water
uh from there too So that's kind of that's kind of where we're at with that If not then we'll have to design our own septic And within with that 100 ft wide um towards his place there should be room down in there to put our own septic
if that would be the would be a case or you know a problem But we're we're thinking about just using this as you know we're getting we're going to retire so we're probably going to go down to hopefully go down south for the winters you know so we'll kind of be up here in the in the summertime with our grandchildren
and and spend some time with him So that's kind of what we're looking at Kind kind of a retirement storage motor home couple old tractors and and that's about it So the motor home would be stored in the shed You're not going to use that as your living quarters while
you're there Okay that's where I got All right No no no Uh no living in the motor home No we want to put a small living quarters in there just for just like two-bedroom or something just for my wife and I So that's the plan Any other questions
for me excuse me Mike Mark Mark um will if you are required to put a septic system in does that fit on that larger rectangular area it won't fit up there We would probably have to come closer to
my son's house Um cuz the driveway would probably only be like 12 ft wide where that in the in the narrower part that's 100 ft wide So there there should be room in there for a septic field and tanks if if
need be If not maybe we just put just holding tanks in cuz like I say it'll just be the two of us and we're not going to be there along at you know a lot So maybe just have that pumped as we needed it But that's kind of the theory There
should be room I kind of talked to a um Huff Schulty that does uh septics and stuff that's from the area and he he didn't seem to have a problem with it He said it might be a mound system but yeah there there would be room So does the variance for the prime soils that you're
looking for also include the driveway um I guess I'm Doesn't it need a variance for the driveway on prime soils also i think it would apply to the whole parcel Apply to the whole parcel Okay Yeah it's um my uncle is my son bought
that place from my uncle and he bought the railroad back the whole his his land is uh like I don't know 800 ft something But he's lived there since 1952 and there's never been any agricultural in
that area where the other building is already there Nothing has ever been agricultural He actually remembers the railroad ties going through there So it's never really been farmed or All right I think that's it Thank you Okay thank you
I would be looking for a motion to open the meeting to the public I'll move that All right Do I have a second all right We have a motion by Lyn and a second by Ed to open the meeting to the public All
in favor say I I I All opposed Hearing none U Would anyone from the public like to speak for or against this petition for the second time Would anyone like to speak for or against this
petition and for the third time would anyone like to speak for or against this petition right Hearing none I would entertain a motion to close the public hearing I move a second Okay We have a motion by
Lynn a second by Amy to close the public hearing All in favor say I I Opposed no one opposed So is there any discussion on this like a decent reasonable request I move
approval subject to the findings of fact by the staff and the conditions of the staff Move approval of the variance request Have a second Second All right We have a motion by Ed and a
second by Amy to approve the variance All in favor say I I I Opposed none opposed So that will move on to docket number
BO4172502 It's like Lou Good afternoon Um second petition of the afternoon is um a variance to allow construction of a new dwelling on class 1 through three
soils It's class 2 soils instead of class 4 through 8 soils within the egg resource conservation district pursuant to chapter 10.4.76 Uh location of the petition and the property in question is uh roughly um
halfway between Minasca and Rolling Stone along Whitman Durian Drive If you look at the map here you can see um Rolling Stone the cluster to the south Uh Minesca is marked to the north and west You have Minnesota City um to the
north to the south and um and east of the property with the Mississippi River and John Lash State Park abuing the property to the north Um the parcel uh that's outlined where they're looking to build on is 516
acres in size Uh and they own a total of uh 1,354 acres um in Rolling Stone Township Okay Um looking a little bit closer uh at the property you can see
parcel 2610 2610 is the 500 acre parcel Uh and the proposed building site would be in the southwest corner Um you can see an egg field down in that that corner then
they would be building there Um the total ownership of all the acreage is within is spread between three different ownership entities Um the first and largest is in the yellow the yellow numbers there and that is
owned by Thomas and Marie Tber Trust Um there are a couple of parcels in red to the southeast that are owned by Rustic Riverland Ridge which is Ben & Al Tber Um there's one parcel owned by
Lincoln and Andrea Tber and then another one just outright by uh Ben and Elteber So you can see there's I guess four different um entities but um all farming together as a family and um uh Ben and L
are the the um applicants Um and Tom and Marie um have signed the um uh application form as the as the petitioners and property owners
Um zooming in a little further uh to the property we see the proposed site plan uh and the layout of soils on the property This is bluff top property So things generally slope away um and from
the road and from the the agricultural fields on top Um see class two soils and then class three soils along the edges um as things get steeper and we'll have another uh um mapping exhibit showing
slopes as well Uh so you get a sense of that Uh but um the proposed dwelling would be 56 ftx 42 ft with an attached garage um 30 by 20 28 ft
Um we did uh look at the entire parcel the entire 516 acres uh because the soil standard has an exemption if you are if the entire parcel makes up less than 40% Um the percentage is actually 53% So
since they were over that they did need to need to meet the soil standard and since they were building on a class two soil a variance is required could you run that by me one more time please sure Um just just u letting you know that
there is an exemption within the the soil standard um where if the entire parcel makes up less than 40% of that of class one through three soils you're exempt and then you can build you could build a home on those class one through three
soils without the need of a variance You'd meet the standard You'd be exempt from that those soils But in this case since the percentage was over 40% We're at 53% the the the standard applies and that's why we're here with you today
Yeah Ask for one more piece of clarification Sure The plot you're referring to that is 53% is where the proposed driveway and dwelling outline is enclosed by Whitman Drive Nope It's the entire 516 acres
Okay Thank you Yeah look at the entire parcel Okay So you look at the entire parcel and look at the percentage of that entire parcel that is in prime soils Correct
Yep That is right Um and the soil type is the seed and salt loom a common soil type um and uh good for production of um um um of um agricultural u products and
crops Uh soil u slope map Uh these are two foot contours overlaying the site As they get tighter that's a steeper slope As they spread out those are flatter slopes um at the building site You can see the the lines getting a little bit um more
drawn out and wider So it's it's indicating that's a little bit um flatter up on top and then the slope is uh falling away to the south And then if you go far enough north it falls away on that side as well towards um um John
Latch State Park Um so they're up on top of the bluff on a flatter um um segment Uh and the proposed uh building site is roughly 3 to 6% slope at that
location And this is just another uh showing the the soils and the slope the relationship there A lot of times they can correlate a bit where the the soils are changing as the slopes are getting steeper
Um as you can see here um just a few overview um items uh to be aware of A resource conservation zoning district Whitmanian drive um is considered a local township road um and so that would carry a 65 ft setback uh
from the center line Um the driveway is approximately 400 ft long and so um the standards in um section 9.72 of the one county zoning ordinance would apply and those indicate that a turnaround at the end would have
to be constructed Um since it's over u I believe it's 300 ft in length then you have to provide a space for for a turnaround if for some reason emergency services or um other services are trying to access the property
uh some photos to get a an idea of the lay of the land Um the first one here on the left uh from the site visit is looking to the west on Whitman Daring Drive Um you can see the existing TER
farmstead on the right Um view looking east from the same location Uh the proposed building site would be in the field to the right on that photo And um as you're looking you can't quite see there's some trees kind
of to the to the right of the of the the the power pole and the sign Those are the second tber farmstead Um there are two on the entire parcel and their agricultural activities are split between the two So a big consideration
for them um in this choosing this location was uh choosing a spot that was kind of between the two for access and um um and uh convenience for uh tending to their um um uh their dairy uh
operation and their beef cattle operation This is one from the same location as the other two just looking straight out in the field towards the uh proposed building site Uh Rolling Stone Township has uh considered the petition and offered
support and assigned township acknowledgement form is in your packet recommendation and uh findings are written in support of the the the petition and uh we have included two conditions um for your consideration as
well Um as always the need to remember to consider all materials and making your decision not just the the ones here and um the the petitioners are also here so they can um um offer any comments and answer questions as
well That's all I have You have any questions for me lou from a planning standpoint and zoning standpoint does it make any difference to you you and your staff whether you're building on a class
two or a class three soil or is one the same as another well I mean as far as the ordinance is written they're they're grouped the same we would look at them the same Um obviously one has um is a
little bit better Actually class one and two soils are considered um prime soils Class 3 soils are soils of statewide importance Um I believe they're classified as So they're still a highly productive soil but they're not the same as they're not as highly highly
productive as the class one and two Um but yeah the ordinance looks at them the same and they are all joined in as class one through three is what the standard applies to And I'm looking at the exhibit on page 53 of the
boards material You had it up there at 110 It shows the uh aerial view with the existing apparently on class dominantly on class three soils Mhm and the proposed dwelling under
consideration now will be in uh class two soils It would appear and I need your clarification that to it would be challenging or impossible to put the proposed dwelling
unit on class three soils It would certainly be steeper slopes and um um and and more challenging Yeah probably higher costs associated with that Um yeah as you can see here you the
slopes increase as the uh as you get into those class uh class three um soil types We also went over a number of different sites with the the applicants Um some are off on the other portion of the property and looked at some areas where they could actually meet the the
soil standard Um and those are areas similar to the one here um where it's near a pond or a drainage way and slopes are are higher Um and it wasn't um something that they were uh they thought
was a good idea Um and so just for so you know we do look at different sites you know based on what works for them and um and their family and their farming operations as well as um the zoning ordinance and they weigh all those and ultimately this is the site
that they chose And roughly how much uh class two land is being taken out of production with this welling unit and driveway roughly Um I I haven't calculated exactly but it
would kind of depend on you know um on how they you know maybe maybe they'd have a good idea Um if they leave all of it in production up to the kind of up to the the driveway and then don't take out that much for like yard or lawn space Um
but if they're you know maybe they have um plans for future agricultural structures or you know something like that that could take out some from production but obviously then they'd be look using it for other types of agricultural uses but those aren't part
of their plan at this time So so I need some clarification Is that something that we should be addressing to to minimize the amount of land being taken out of production or is that something from a planning
perspective you don't care about i think every situation is different Um about this one this one uh being that it's a um farming family you know it's their their um fields that they make
their living off of um and their their home is an extension honestly of their agricultural operations I would personally give them a little bit more leeway on that But um um but that's not part of the zoning ordinance Uh it could be something that
you look at your criteria and your overall um assessment um within the um um evaluation But um um but yeah you could look at it that way I think it'd be a little bit different if it was somebody who wasn't farming the land and
they were you know taking out you know 10 acres you know for some other use And then again I apologize if this is covered in the materials Assuming the request were to
be granted how much of the area then is potentially able to be taken out of production i don't see a Yeah like a site
plan of how much is going to be subject to a a variance Yeah So the the variance is really just the the building site So the footprint of the home is what we look at So if the the footprint of the home was um located
off of class 1 through3 soils you know we wouldn't um we wouldn't be here today um driveway we don't calculate that in you know so potentially um you could meet the standard and still be taking out you know prime soils in order to get
to your building site that was located off of the PL prime soils That's the way we've been um um applying the the ordinance um since it was adopted Um so so yeah to us it doesn't matter so
much as to how much but um you know whether it's located on those soils or not So in theory if the variance is granted it's granted as to the red rectangle we're looking at Correct The
footprint of the home Yep And then in theory only the crop land would come right up to that red square in theory Well I mean I I would just say that we don't expect that to happen Um and it's not part of
the standard Um but we would expect any um any home that gets approved to take out more crop land than what is just the footprint of the home Yeah And I guess that's where I'm uh at a loss here Is this all a subjective
application done on a case-bycase basis or are there standards within the zoning ordinance that for example recite how much of the prime soil land adjacent to the dwelling unit
can be used for example for a yard or a barn no it doesn't get into that level of detail or specificity So in theory they could put up uh how many outuildings put it this way Um they could without a dwelling they could convert all that land to something other
than agricultural use and there would be no you know there's no standard in the zoning ordinance that would prevent them from doing so They could pre they could uh convert that um um to prairie or you know um a lawn or you know they could put a personal soccer field out there um
that wouldn't really um none of that would trigger any pieces of the zoning ordinance Um but since it's a it's a home for permanent development of that location we look at as a permanent um um um improvement that we're permitting
anyways The standard applies It doesn't apply to any other thing any anything else in the zoning ordinance other than new dwellings Okay Yep So there's yeah it's it's only subject to the criteria to approve a uh the
variance So the variance approval criteria like any other variance Yes So how come they didn't want to put it closer to the road 400 foot driveway that would be a good question for them I don't
know Wasn't in their application materials Yeah Go ahead Lyn I'm a little confused when you're naming all the different parcels Mhm Which sounds like it's all in the same family but different people owning the parcels Right Now is this
dwelling sitting on four different parcels or is it in just one of the parcels this is the one parcel the 516 acre parcel So um if you look at this this uh this this map the yellow the thick yellow lines are parcel
lines Um you can see this parcel uh extends up north of the road and to the west or I'm sorry to the east of the road Um there's a smaller parcel on the bottom right of the map That's that's um
Ben's folks live there on that uh that smaller parcel And there's also some farm activities there Um but the 514 acres um encompasses everything on the screen essentially um to the to the north and east and
around that that parcel So the house itself will be within one parcel within and then one 516 acre parcel Okay And then all the other parcels just make up the whole thousand acre farm Right Yeah There's multiple parcels that make up
the entire land holding Okay And we haven't before seen um kind of arbitrary parcel lines drawn to avoid this specific variance Correct Yeah I mean if you're um if you're looking at uh in
some cases you're you know especially if the bank's involved um you know you need a financing through the bank and they're requiring a a like parcel So they're looking for something that's more like 5 acres or 10 acres in size or if you're splitting a property anyways um it might uh in some cases people have gone to you
know extraordinary lengths to you know to wind a parcel around or you know keep this the standard in mind in order to meet the exemption Um but in this case um I don't think it was going to help them much in
this location anyways because of the the layout of the soils and how it's um how that parcel is um is is laid out So um they weren't planning on uh splitting anything they have with their with their land They weren't looking at creating a new parcel Um and so um um that wasn't
really a consideration but yeah in in other on other sites we've seen that from time to time some somewhat funky uh parcels created in order to like meet the the standard you know and avoid the variance
Yeah Any other questions for Lou all right Thanks Luke Thank you Would the petitioner like to address the board just say your name and address for us Uh Ben Tber Address 21880 Whitman Drive
Minnesota State Minnesota Uh so back to the beginning of what Lou says So you look at all the parcels That's so my parents have the trust me and Ellie have our property my brother has property all separate entities Don't combine them all together Uh we we work together on the
farm but we're all separate So you can't group them all together Uh back to the 516 we talked about the 40% rule of under that noarian part you guys are missing is you look at 516 acres and say "Oh wow There's prime soil but look where the
prime soil is It's on woodland." And that number is getting used in the woodland and ed in your life in my life and my son's life It'll never get converted into farmland So that so saying we're taking away highly productive soil that number doesn't mean a whole lot you know and I think the county has to relook at that and maybe
change these rules of how we take those because we shouldn't be looking at a variance right now because you look at what's there for woods and what's there for farmland We shouldn't be meeting that criteria of of over 40% And then back to the pictures here you'll see my parents have a farm here Our dairy farm
is over here on the left The reason we picked the middle is because we're out of the feed lot restrictions That's why we picked that We just didn't pick out of the blue So it's uh 1,200,500 feet from each site So we have a feed lot there We have a feed
lot to the left in the middle We're out of the feed lot claws Could you point to us where those feed lots are please so you can't see this one here because it's right up here But right here's the feed lot here and this is the feed lot here Obviously this is on a 6 acre piece That
doesn't mean nothing is when my parents bought the farm The bank wanted to have the house separate so they couldn't lose the house and all makes sense Have they changed it over the years no just left it alone Okay So yes this is the feed lot here and that's the feed lot over there Where this site is here is out of the feed lot area And obviously we
picked this site is because we had the gravel road here Now right here that's where minimum maintenance starts So we go back here at all Now the township's going to have to start turning that into township road Uh so that's why we stopped that right there And if you ask why we picked off 400 feet well
obviously you live on a gravel road You want to eat dust on your house all the time That's why you set off the road because everything comes from the west and that's why we pulled it back a little bit Now now how many acres we're going to take away from the farm i think the con the builder was with us last night We're figuring between two to
three acres Thank you Now now when you were asked to if we're going to farm right around this house here no because remember we need a drain field We need a septic So then septic lines are running 100 ft out we won't be farming over the top of them We're going to crush them So it looks like the septic is going to go
this way here to the west he's saying And actually we're actually thinking about after we looked a little closer the house might get moved over a little bit more this way to the left uh just for the angle and everything to flow Now you're going to ask "Well how are we going to get water to the house?" Well
the reason we picked this out also is because if at our dairy farm here we're going to run a water line over to the house So we'll have one less cost of having a well drilled So we'll have to have And then with the power line is
right here and it goes this way we picked here because we're closest to the power because the power don't come this way here So the driveway we go like this because obviously in the winter time it fills full of snow this kind of like a a decline right here So we wouldn't want to come in the driveway that way So we
come in and then there would be no cover needed because it's zero grade off the road And so basically the driveway would be kind of like this It might swoop a little bit and then the house would be like this Is your goal to minimize the amount of land that is taken out of
agricultural production well as a farmer absolutely Right Yep That was a thing You make me no money make you give you a lawn That was a softball question Yeah darn right Um so otherwise other than that I mean that's kind of where we
stand for our variance you know So yes could we go to the road closer i guess if you were out there to see it yourself you would say well we're kind of right at the edge where it starts tipping off this way here and we and we're kind of on a nice plateau and uh you know and we're off
the road enough that you know and for safety we have the kids in that too the farther away you're from the road I mean 400 feet when you get out there 400 feet really isn't that far Um I was just curious because some of the flatter land looks closer to the road That's why I
was curious because then that's less production taken out right right Yeah Yep So as Lou was saying you know the lines get bigger So basically you know we're you know from here on out everything kind of plateaus down So and then we're just going to work the fields around it you know and and uh fill in
the dots you know as we can for farming it again Okay Excuse me Is there's a I don't know Right under soil there's a dark spot here What is that that's a pond Is that a natural pond or a built pond build
pond Built pond Y So it's a retention pond because of the steepness There you go Okay Yeah So as you can see here there's ravines coming through here And then actually this green here is actually a permanent uh grass field that we just leave as grass all the time for
just erosion to catch that So I guess if if you were in my shoes and you were out at the site you'd probably pick the same spot because just like you say you always want to have your house on the high side you know and everything draining off it and uh then it's less
money you know spent to do it that way too So Thanks Yep Any other questions all right I would entertain a motion to open the meeting to the public Make a motion We'll second it We have a motion
by Amy a second by Lynn to open the meeting to the public All in favor say I I Opposed None opposed The meeting is open to the public Would anyone like to speak for or against this petition for the second time would anyone like to
speak for or against this petition for the third and final time would anyone like to speak for or against this petition anyone like to make a motion to close the public hearing i so move Have a second Second
We have a motion by Lynn and a second by Ed to close the public hearing All in favor say I I I Opposed none opposed The meeting is closed to the public You have any thoughts on this
petition it I mean it makes a little more sense when they explain there's feed lots on either side because that wasn't stipulated and I feel like that was an important thing to leave out Yeah
Uh I I just wanted to uh alert you to one little housekeeping technicality on this one Uh just before the meeting found out that the payment has not been processed yet on this So they haven't technically they don't have a uh a completed application until that is done
uh that didn't seem like a good use of it Pulling this item didn't seem like a good use of anyone's time So uh uh you have the option of uh uh well you could table it until it that is processed or uh I I would say that you could add a
condition that it that either uh uh well till it that it uh will not be uh recorded until it's paid or no work will start until it's paid Okay Thank you Sure Have you talked to Ann at all she said it didn't come through yet
Yesterday she emailed me says thank you I thought it came through That's not Oh are you Anna yourself okay Okay It didn't come through yet Okay And then to speak on that Uh yeah you could just come back up to the mic So on the check issue there the reason was is
because so my banking that I used to write the check out with I called her I said "Go ahead use that check." So I used the check sent it and then she called me back said it didn't go through Well see the comp the bank has changed names of ownership So them checks are no good nowhere So then the bank themsself
sent on uh last Friday they sent an a check and I emailed you about that and it should be here It should have been already here already But anyways they're issued they said they're going to take they had order me new checks and they sent the check directly to the county for that amount for their screw up So if
there's any fees or that's on theirs that's a problem So thanks for that clarification Anything else well I think it's well thought through I mean the taking into condition the dust and the snow and the
feed lots and grade and I I plow that road so I can attest to him the on that road to the east there It drifts pretty bad sometimes I mean I know speaking as a farmer myself my husband and I farm that you don't take
productive land out of production unless you have a really good reason and you would put your house in such a way that you know you need to consider your family safety and all the other things he mentioned but also it is your livelihood So you're not
going to you know take any more land out than you really need to So I mean as soon as the check arrives that's all clear I'd say go for it We like to amend the conditions right now Could I
ask a technical question Jordan thank you Um would this be the time to address concerns in the approval criteria um yeah this would be the time for that Okay Um on uh approval criteria uh
number six the economic considerations Okay let's give everybody a chance to get to page six Um this and it's underlined um says economic considerations have not been mentioned um as the focus or featured
consideration requesting the variance Um when I go through these page six under approvals Um when I go through these there are 10 sentences where it mentions
business this business that to me those are econ a business is an economic consideration As an English teacher I think perhaps it's a matter of wording Because when I look at the other
considerations or a family dwelling so on and so forth those are fine But when you start using 10 times the adjective business or the noun business to describe this um I think
we're getting on a rather um questionable situation It crosses a line between the economic considerations to keep saying business this and business that Well I think that's why it's key that it says alone
in here So that where does it say alone economic considerations alone do not constitute practical difficulties So right in the actual statement Yeah And so they're free to mention economic
considerations as part of the reason that they're seeking a variance but what I think this is trying to get at is that they don't just want this variance so that they can parcel this off and
sell it Well we don't know that Do we well it hasn't been stated in their application and that's what this is considering So you understand where the language I mean language means something and I thought well I understand some of
the uses of the word business but when you start saying um business interests agricultural business is conducted um do their business um you know I could
go through those um I think a better there are better ways ways to describe that and to use that word which is associated with economic conditions And I would just mention that to the planning commission that that's an easy
fix Okay So you're not suggesting that that economic considerations are the only reason for this variance You're just suggesting a change in language I don't know that given that they mentioned business 10 times That's what raises my concern
Mr Potter okay Steve um from a from the standpoint of of whether you would approve or deny the the application based on that criteria what you say in the findings of fact is more important than what you say what
the staff says in the report So you could agree or disagree with what's in the report Uh that's just a recommendation and that's uh uh what the staff has found and it's perfectly fine to ask staff about that to to clarify if you have questions and ask the the
property owner if there's concerns about any of the any of the criteria Um uh and that's not to dismiss your point that uh that there's a lot of emphasis on business there but some of it is just informing the uh uh the board of of of
the situation so that you can make a decision That's an excellent explanation Thank you Is there a better way to phrase that so that that doesn't uh appear to be connected to number six the economic considerations loan so the the
um we would have to take a look at the at the I would have to take a look at the report a little more closely to see but we could certainly uh staff could certainly take a look at that moving forward uh about what language is used uh to support their
recommendation Um the the the findings don't just include the staff report but also include the discussion that you're having here So uh uh even if that even if you said economic considerations are are the only factor
you could look at the facts and arrive at a different conclusion Uh but I think the uh uh the recommendation of the staff was was uh uh did not indicate that that that uh criteria was uh not
being met Well the English teacher in me could continue this discussion but I understand where you're coming from Um if I could move on then thank you for that explanation I really appreciate that
Um there's and pardon me for being a retired English teacher I guess I don't have students to go over anymore Um another and in that same section and there is another reference to that in number six uh it says to establish a new
dwelling that will allow the next generation to continue farming and um also then under number one so they can continue to live and farm on their land
Um that looks predictive to me Also in number six on page two economic considerations alone under the findings of fact this time Economic considerations alone do not constitute practical difficulties Um again to allow
the next generation to continue farming Um that seems very predictive to me None of us can predict the future Is are those ter is that phrase necessary to be in there i mean it's anticipating
something that may or may not happen I think that Ben is the next generation from what I'm getting from it He's working with his parents on this farm And so I'm assuming he's the next generation that's going to take it over when his
parents are done And so being closer to their side we can't predict No we can't But he's already working with them I just don't think it's necessary I think it's I mean I understand I'm not saying
you're not going to do it I can see that you're a a working person and you're doing it already So that's not what I'm saying Okay So you're just saying like the way they worded it is is confusing I think it's a slippery slope Okay And I
don't think it's necessary I'll I'll address that one if it's okay since I wrote the findings of fact Um uh what I would say about that is is there's aspects to farming that are cultural and economic and and things
that make it uh uh help preserve it and things that don't help preserve it So one of the goals of the comprehensive plan is to support agriculture and and uh the continuation of agriculture And the finding is basically that this
configuration will improve the chances that they will be able to that property will be contain maintained as an agricultural parcel overall uh rather than having say the next generation move somewhere else or go into something else It's would be easier for them to stay where they are But
you're not saying that You're saying that it will allow the next generation to continue farming That may or may not happen It's probably going to happen but I think it's a slippery slope And I think it's
also um a situation that we should look a little more closely at using that phrasing I don't think it's necessary If it happens that's great because under the variance they're going to be allowed to do that So as I read Steve's number six on page
on page two or B board of adjustment page 51 Steve just for clarification what you have in bold is a statutory revision correct
and then and then what you have underneath is what you perceive to be the case or the facts based on the application materials you looked at Correct Correct Mhm
So what I as I read this is you've taken the statutory provision and your knowledge of what that means and then taken the application and the representations in the
application put that together in number six to essentially state that the statutory requirement recited in six has been met Correct And you're not predicting who if anyone is actually
going to take over the farm what you are stating is that based on the written record um it's been represented that this is what's going to happen That's and we as
Amy has said we can't control the future We can base our decision on what we've been told and what is in writing and that's what you're providing in the findings Yeah and and and that's correct And and often the the the findings are
very close to the staff recommendations and I'm mostly reviewing them to make sure that they're worded in a way that will hold up if it were challenged and are consistent with what the record actually shows Yes So some that's why that that language changes It is just
for the meeting making sure we clearly meet that legal standard But just to uh highlight Amy's concern and her questions when we if this ordinance is is adopted and the
variances approved what you have in the italicized language under each of the statutory bold provisions is included in the findings of fact Correct Correct Those are those
are the the findings of fact the written findings of fact Yeah Thank you How difficult is it i think you understand the history of some language Mhm For this county Mhm
And the slippery slope that that can result in and that that language uh is a slippery slope Well I'll point out that you're welcome to amend the findings of fact as you see
fit Um with a motion and a second and approval of the majority Okay And yeah I would say these are these are recommended finding effects or uh findings of facts that you can use if
you choose but you you make the findings of fact and we could change these in any meeting when you want to find differently Okay So in the f in the recommendations I can ask that to be
changed Right Recommend that that be changed Right Right Yeah And and I assume deferring to the chair that that that would be in the form of a motion that would uh that would the board would vote on Okay Thank you for that clarification and taking all of your
time No problem Appreciate it Thank you Thank you Jordan I got Jordan Uh yeah you can come up So in just free of your slippery slopes you know you got to think about a person if they're going to put a house out in the country Nine
times out of 10 if you're going to put a house between two farms that are currently in production I don't think most people that would want to be close to that smell and the activity You know if you're going to go out to the country you want a house that's far out of the
way of from everybody and you have your own isolation and you're not into the day-to-day activity that's going on So I guess you know sometimes when you look at the pictures you know everything's kind of there for a reason right it's not because obviously this house is going to go there because the future is
going to keep going on you know unless you know our economy doesn't let that happen Because as you look at the number of farms they deplete every day you know and the new ones coming in is not there you know So all you seeing is is farms getting bigger and less farms So as a county I think uh anything you guys can
do to help promote you know them farms you know and that the next generation be grateful Um because you know as uh as uh as the revenue to the folk Winona County itself uh them numbers are quite huge and uh you start looking at all the
makers uh the only way we can pay that property tax is being profitable and if that ain't there she's all bye-bye you know and then you can put up with all these yahoos from different states and countries and uh Bill Gates and everything else like that and then
they'll be telling the county what they want done uh on their level So thank you Thanks All right Anything else uh or otherwise I would main uh entertain a motion here
Yeah On that subject you know farm I live on has been my husband's family since 1866 So farmers become tied to the land It's almost like family to them I don't if you don't have a farm you don't
understand that I assume your family's been on that farm or at least a couple generations if not more And to be able to pass that farm on to the next generation sometimes you need to put investment in like a house that
the future gener generations are going to live in I think you're going to live in it now but possibly your one of your kids will move into that house someday So you want to make it possible and affordable for the younger generation to be able to step into the shoes of the
generation that's retiring So I don't think that that's unnecessary language I think that's important language to have in there that you know it's making it possible for future generations um of a myself but um I do I think in
this case it is a pertinent issue that you make it so that future generations are able to farm otherwise like you said huge you know farm you know corporations
and you know coming in and taking over the land and we don't want that we want that and I understand that and living in the country and and having had the desire to see our son be able to take over our our farm um I understand that
feeling quite strongly and that's not where I'm coming from I'm not saying that this isn't a legitimate request I'm just saying the language uh is um isn't useful
to get the variance I don't see the necessity We're not saying unless you're going to promise us that the next generation is going to take over this farm and do what you just explained with this house you can't have this variance
Of course not That would be totally inappropriate I'm just saying that this language is unnecessary to this variance They will certainly be allowed to have family after family come into the army and that's a
good thing to have local people rather than as Ben said someone from who knows where and whose interest doesn't lie in the um assistance to the community and the caring for the community That's
absolutely true But I'm saying this phrase is unnecessary to all of that So let me just follow up on what Steve would probably say and can chime in Uh there
fortunately or unfortunately the state statute requires number six to be in there We don't have a choice No We either say it's been satisfied or it's not satisfied I
understand full well what you're suggesting Our hands are sort of tied on this one We have to make a finding on number six I have a recommendation Can anyone hear me
yes Hi I'm Ben I'm not sure Sorry I'm not sure if I'm allowed to speak or not This is Ellie Benunately Okay Thank you
Um I just wanted to say first off this discussion is good Having this discussion just makes the ultimate findings more supportable if they were ever challenged Um second the the
you commissioner or board member Walsh is correct that um uh you have to you do have to make the finding It doesn't have to be in the language that's there Uh what I what I try to look for when when
drafting this one very often it will be that the economic considerations were just never just never came up as an issue who never appeared to be a concern or an issue And so that's what it'll stay I think I think the finding is stronger if you're able to put some
reason for the the why the the change is requested in that finding so that it wasn't that it was just ignored It was that uh there was there was a different reason than economic considerations but the standard is is solely economic considerations So there can be economic
considerations and you could still find that that standard is met And thank you All right Any further discussion or a motion on this petition i make a motion to approve the variance
requested uh consistent with and subject to the findings of fact as recited in the staff report and that the ordinance not become effective until the application fee has
been paid and cleared So would you just like to add a third condition for that then thank you Okay And do we have a second on that is this the time excuse me for not understanding completely but um would this be the time
to make the recommendation that the language be amended well you could make an alternate motion uh or a friendly amendment uh if you'd have to suggest anything you want Okay I would just like
to make the motion that that language um I understand the business use of the business language Thank you Um but I would like to uh make motion that we uh strike uh the um allow the next
generation to continue farming I don't think so We're on but you're not saying it's not supported You just want different language vers Do you just want it to say I think the language in the rest of it is perfectly
clear that it's a fine variance So do you just want it to say that it number six on page two how do you want to word it you just want to say economic considerations have not been mentioned You wanted the primary are you
on page two yeah we want to be on the primary reason stated for building is to allow a family member to establish a new dwelling Economic conditions have not been mentioned as the focus or feature So you just want in a location that will allow
the next generation to continue farming to just be taken out Correct Thank you Kelsey Dave just a just a procedural uh thing So you have a motion on the floor and then hers would be an a motion to amend
uh his motion and first you'd vote on hers and then you would vote on his How you take it Ed yes that's okay So I need one more clarification What are we lining out in number six um what language the first
sentence is fine The primary reason for the first line where it ends establish a new dwelling and then just strike in a location that will allow the next generation to continue farming It's fine Economic after that economic considerations have not been mentioned
as the focus or featured consideration I understand it has to be in requesting the variance So we're just deleting the phrase quote in a in a location that will allow the next generation to continue farming right i mean that's
going to happen anyway We have no control over that I'll second the motion Okay We have a motion and a second to amend the findings of fact uh as they relate to Ed's original motion
All in favor of the amendment say I I I Against say nay Nay Nay Uh that was myself and Lynn uh were nay and the rest were eyes All right So that motion
passes So we need a second on Ed's original motion to approve with the now amended findings of fact That includes the payment Correct Yes With the additional here Okay I'll second
We have a motion by Ed and a second by Kelsey to approve the petition with the amended findings effect and the additional third condition All in favor say I I I
opposed Hearing none That motion passed and the variance is granted We will move on to number BOA04172503 Olivia good afternoon So we are par for the course on prime
soils today Um the petitioner's request is to allow construction of a new dwelling on prime instead of non-prime soils within the ARC zoning district subject to the same um Winona County zoning ordinance section 10476 So this site is up on Apple Blossom
Drive in Dresback Township Um it's two parcels that are proposed to be combined into one They are both parcels of record and they'd be about 11.69 acres once combined Oh yeah Thank you So a little bit of the project review
This has been going on since 2017 They did receive a conditional use permit um for one of the parcels to build a new dwelling That was because of the proximity to the top of the bluff in the Mississippi River Bluffs as well as steep slopes Um the petitioners came forward and submitted their zoning
permit and septic permits this year Um and we're proposing a change of location and combining the parcels So when those two parcels were combined it would trigger um the prime soil standard of the zoning ordinance Like I said before the parcel size is about 11 and a half
acres once combined Um and the reason for the change in location is because it's going to be on less steep slopes So they're um they're indicating that there would be less um disturbance to the land overall with the new area So on the left here this is the
2017 conditional use permit location You can see the square 100 by 100 um off of to the north of the trees drawn And then on the right this is their current request for the location So the dotted line shows the current property boundary
Um and then the home would be kind of situated over the top And there are some additional um maps here coming up So on the left here this shows the prime soils It's the tan um tan outline I have it outlined around the area in
red You'll notice that both the 2017 and 2025 locations for the new home were on prime soils So it wasn't as if one was non-prime and one was prime in 2017 when they came forward with their proposal That parcel on the left met the
exemption requirements So it was less than 40% of the total parcel Now that they're combining it it's going to be about 49% So they would not meet that exemption triggering them coming to the board of adjustment here today Um you'll notice too um it's class two and three
prime soils And then on the right there there's the contour map It shows the 2025 location as being on a less steep slope um overall compared to the 2017 location Some of the other considerations for the project like I
mentioned it is ARC zoning Um both of them are parcels of record so they they didn't need to meet the 40 acre minimum Um and that would have been considered in 2017 with the conditional use permit There was an archaeology survey conducted because it is a high arc area that happened about 2 weeks ago with
Mississippi Valley Um and there were no resources identified on the site They did look at both locations um kind of a a larger area rather than just the 2025 um proposed dwelling footprint And then they did submit an erosion control plan
from their contractor as well showing um what would be implemented with construction So these are some site overview photos Um on the bottom there you can kind of see an aerial map showing where I was standing when I was taking the photos I do have the stakes circled in red on the photo on the right
just to be able to pick them out a little bit more You can see it's a pretty um gradual slope looking down towards the northwest Um this is looking the opposite way towards the southeast Again the corner stakes are circled in red The tree line
is where the driveway comes up That construction had occurred already It had begun Um they did receive the access permit from the county highway a couple of years ago when they went through the conditional use permit So um you will see some disturbance in the pictures already Um but that has been reviewed by
highway And then this is looking towards the southwest Um again the dwelling new dwelling location circled um and staked with um circles around the stakes and then this is looking towards the driveway So you can see some of the piles There was
also septic work done too to look at soils and I believe they used a a mini excavator So some of those piles are from the soils work too This is a road access So it's Apple Blossom Drive um you go kind of up the
embankment up to get to their parcel but the proposal is that it would be less than a 12% grade which is our driveway standard for um new accesses for residences As I mentioned highway department did approve the access permit Um so that has been constructed They did attend a township
meeting on April 11th The township indicated no comments in regards to the request Um so then our recommendation would be that you consider all materials and testimony like always before making findings that support your decision Our analysis and draft findings do support
granting the variance and there are two conditions attached um as well The petitioners here if you have any questions for them otherwise I'm available as well Yep So I assume it's um not okay to build a house on a parcel
line normally if you own two parcels correct maybe not have a septic on the other side of the line or something like that Right So they they haven't submitted the parcel combination form yet but that goes to our auditor treasurer and
there's a couple of things that they need to check off in order to like officially approve it I did talk to auditor treasurer and they indicated that there wouldn't be an issue with um combining those parcels Okay So that would become one parcel Correct Okay And it um from the previous owners uh it has
a covenant on it that then only one single family dwelling would be able to be built on the combination of those two parcels So there wouldn't be another dwelling allowed under that covenant Correct That's my understanding Yep Thank you And Olivia just for my
clarification originally before the second parcel became involved a variance from the soil issue was not necessary because they met the ordinance
provision on the percentage of land that was in prime soil Correct And because of the second parcel perhaps having more prime soil that's what created the need
for the variance Correct So in 2017 they met the exemption because that original parcel was under 40% Now the combination pushes them over that 40% threshold Correct Did you say 49% yep Both locations were on prime soils like
I mentioned Um it's just the whether or not they met the exemption Do you know anything about the the history of both parcels regarding agricultural production in the past sure So the petitioners did mention that in their um
packet of information they provided it My understanding is that it has not been used for agricultural production in the past Um it's part of the SCMP family So these have been parcels of record since a long time Yeah In fact just to elaborate on that I believe most of
those 5 acre lots that were created along County Road One believe was created by Scump and they had done that prior to the 1988 89 ordinance Uh they had done that kind of preemptively before that one non-farm dwelling per
quarter quarter section went into play and they made them large enough to be exempt from subdivision regulations So most of those houses are a result of surveying and processes that were done in the mid 80s So all those houses we
see upon Apple Blossom are most likely on prime soil but were exempt from the statutory provision Most of that the prime soils would be a different element because most of those had not been evaluated prior to that
[Music] Any other questions for Olivia thank you Thank you I'm assuming you're the petitioner since you're the last one left Uh you can come up to the mic and just say your name and address for the record I'm RC Kemp Um I
live at 734 North Fourth Street in the Crescent Um just to reiterate what Olivia had said that the land has never been used um for agricultural purposes Um and our new proposed site plan would
reduce um any more soil disruption um or more soil disruption compared to our site plan in 2017 So our driveway would not be as long and would not um encumber bluff land um as significantly as our
new site plan would Any other questions for the petitioner thank you Thank you All right I would entertain a motion to open the public hearing So moved I'll second with a motion by Ed and a second
by Lynn to open the public hearing All those in favor say I I I Opposed hearing none The meeting is open to the public Would anyone like to speak for or against this petition for the second time would
anyone like to speak for or against this petition for the third time would anyone like to speak for or against this petition not seeing anyone unmute themselves online So I would entertain a motion to close the public hearing I make the motion I'll second Uh motion by
Ed seconded by Lynn to close the public hearing All in favor say I I I Opposed none opposed The public hearing is closed Any discussion i think it seems reasonable It was already approved and now it seems
to be a matter of are able to I move approval of the application subject to the conditions and the findings of fact contained in the staff report
Have a second Second Okay We have a motion by Ed and a second by Kelsey to approve the variance uh with the findings of fact and conditions as written in the staff report All those in favor say I I
Opposed say nay None opposed The variance is granted And since I forgot on the first two petitions I need to read the appeal to the district court All decisions made 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 the receipt of the notice 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 just rendered at this public hearing must do so to the district court
The planning department is not responsible for filing the appeal And I believe that is all we have Make a motion to adjourn Second Eric one just want to jump into probably forgot to admit I'd like to
turn it over to Ross Dunsmore for Welcome Hello I'm just uh Ross Dunmore I've been with the environmental services section of the department for 38 years Uh last week I did assume the interim position for the foreseeable future So you'll start to see me a
little bit more here All right Nice Thanks Thanks Ross All right we have a motion Did I get a second on that i think so Was that you okay I thought so We have a motion by Kelsey seconded by Amy to adjurnn All those in favor say
I I Opposed none opposed We are adjourned