CROW WING TOWNSHIP

Planning Commission Meeting-October 8, 2018
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Crow Wing Township Planning Commission Meeting
October 8, 2018 6:00 PM

Commission Members Present: Brad Arnold (Chair), Dan Lee, Linda Schuety, Paul Stephany, Justin Burslie (Planning & Zoning Administrator), Doug Kern (Township Supervisor) and Duane Ruona (Township clerk).

Brad called the meeting to order at 6:00 PM and the pledge to the flag was recited.

A public hearing for Rezoning Application 18-4605 to rezone two tracts from Rural Residential 2.5 to Commercial 1 was held.

Property Owners/Applicants: JM Schlangen LLC and Rahn & Stephanie Findlay

Background: The applicants are proposing to rezone two tracts from "Rural Residential 2.5" to "Commercial 1."

The "north parcel" is owned by JM Schlangen LLC (Archery Country) and is five acres. It is accessed via Greenwood St. but it also has frontage along Business Highway 371. The subject property does not contain any structures.

The "south parcel" is owned by Rahn & Stephanie Findlay and is 10.3 acres. It is accessed via Greenwood St. The subject property does not contain any structures (a permit has been obtained to construct an accessory structure).

The subject properties are adjacent to other "Commercial 1" property (north), "Commercial 2" property (west across Greenwood St.), "Rural Residential 2.5" (south) and residential property in the City of Brainerd (east).

The future land use map identifies the subject property as "Rural Urban Transition:"

Staff Findings: Staff offers the following findings for consideration by the Planning Commission:

1. The subject properties are located at 11454 Greenwood Street (PIN 540013200100009) and 11378 Greenwood Street (PIN 5400132001A0009) and are zoned "Rural Residential 2.5"

2. The "north parcel" is owned by JM Schlangen LLC (Archery Country) and is five acres. It is accessed via Greenwood St. but it also has frontage along Business Highway 371. The subject property does not contain any structures. The subject property is "pre-existing." It does not meet the minimum lot size requirement of the "Agricultural/Forestry" Zone (35 acres).

3. The "south parcel" is owned by Rahn & Stephanie Findlay and is 10.3 acres. It is accessed via Greewood St. The subject property does not contain any structures (a permit has been obtained to construct an accessory structure).

4. The subject properties are suitable for development in general conformance with the "Commercial 1" land use district.

5. The reclassification will not alter the character of the properties in the immediate vicinity of the subject property.

6. The reclassification will not impact the health, safety, and general welfare of the public.

7. The subject properties meet the minimum lot requirements of the "Commercial 1" land use district.

8. The rezoning of the property will not create any non-conforming structures.

9. The subject properties are adjacent to other "Commercial 1" property (north), "Commercial 2" property (west across Greenwood St.), "Rural Residential 2.5" (south) and residential property in the City of Brainerd (east).

10. Rezoning of the property is in conformance with the Comprehensive Plan as the future land use map identifies the subject property as "Rural Urban Transition."

Staff Recommendation: The long-range plan identifies the subject property as "Rural Urban Transition." The parcels meet the minimum requirements of the Commercial 1 standards. Consideration should be given to leave the east 2.5 acres of the "south parcel" as "Rural Residential" in order to maintain a buffer to the adjacent residential property.

Staff recommends the application be approved.

No written comments about the rezoning request were received. The public asked what the future use of the property would be. The north parcel will be used for expansion of Archery Country. The south parcel will be used for a woodworking shop. There was discussion about keeping the east portion of the south tract Rural Residential.

Linda made a motion to recommend that the town board approve the rezoning request based on the ten findings of fact. Doug seconded, motion passed.

A public hearing for Rezoning Application 18-4606 to rezone a portion of a 14 acre tract from Rural Residential 2.5 to Commercial 2 was held.

Property Owners: Andrew and Carol England

Applicant: Joel Brott

Background: The applicant is proposing to rezone the west 7.5 acres (approximately) of a 14 acre tract from "Rural Residential 2.5" to "Commercial 2." The subject property is located at 8577 State Highway 371 and contains a single-family dwelling, various accessory structures, private water well and a private sewer system (nonconforming). The property is accessed via 50th Avenue but it also has frontage along Highway 371.

The subject property is adjacent property zoned "Agricultural/Forestry" (west/south/north), and "Residential" (east). The property is near other property zoned "Commercial 2" (600 ft to the southwest).

Staff Findings: Staff offers the following findings for consideration by the Planning Commission:

1. The subject property is located at 8577 State Highway 371 (PIN 5402023006A0009) and is currently zoned "Agricultural/Forestry."

2. The subject property is 14 acres and contains a single-family dwelling, multiple accessory structures, a private water well and subsurface sewage treatment system. The rezoning request is to rezone the west 7.5 acres of the subject property.

3. The subject property is suitable for development in general conformance with the "Commercial 2" land use district.

4. The reclassification will not alter the character of the properties in the immediate vicinity of the subject property.

5. The reclassification will not impact the health, safety, and general welfare of the public.

6. The subject property meets the minimum lot requirements of the "Commercial 2" land use district.

7. The rezoning of the property will not create any non-conforming structures.

8. The subject property is adjacent property zoned "Agricultural/Forestry" (west/south/north), and "Residential" (east). The property is near other property zoned "Commercial 2" (600 ft to the southwest).

9. Rezoning of the property is not in conformance with the future land use map which identifies the subject property as "Low Density Preservation," however the proposed rezoning meets other goals and policies contained in the comprehensive plan.

Other rezoning requests within the Low Density Preservation category have been approved. One public comment was received concerning the possibility of a gravesite on the property. The owner will address the existence of a gravesite on the affected property. A small building for retail sales of homemade goods is planned to be constructed on the south end of the property. The gravel portion of 50th Avenue may need to be paved in the future if traffic is increased because of the retail business. Assessments may be made if road improvements are necessitated.

Motion by Dan to recommend that the town board approve the rezoning request based on the nine findings of fact. Seconded by Doug. Motion passed.

There were no additions or deletions to the agenda.

Open Forum- Nothing

Dan made a motion to accept the minutes of the September 10, 2018 meeting with corrections. Seconded by Linda. Motion passed.

Under new business the item of Animal Husbandry at 9438 Forest Heights Drive owned by Jamey and Cheryl Quick was discussed. A complaint had been received about too many animals being housed at the property. Justin had contact with the Quicks and it was determined that they currently have two mini-pigs @ 45 lbs each; two goats @ 40 lbs each; two alpacas @ 140 lbs each and 9 chickens. They did have a horse temporarily but it has since been removed. The current animals are within the allowed 1.1 animal units for the 2.75 acre property. There are no other violations of the ordinance at this time. Justin will inform the complainant of the discussion.

Under old business the Jillson property violation was discussed. Attorney Dan Hawley will attend the Tuesday, October 9, 2018 Town Board meeting to discuss the criminal complaint. Mr. Hawley has been in contact with County Attorney Don Ryan and it appears the cleanup could be tied to another case. The Engholm property has not had any activity. Wade Tomberlin is supposed to bring in proof of septic certification, garbage pickup and vehicle titles. There has been no contact with Mr. Tomberlin. The Bigwoods Properties have had some cleanup work done but not everything appears to be in compliance. Justin will contact them to thank them for progress so far and encouraging them to finish the cleanup.

Permit activity since the last meeting was discussed. There have been 11 permits issued. Three for new single family dwellings; one deck; one addition to a commercial building; and six for accessory structures.

Dan made a motion to adjourn, Linda seconded, meeting adjourned at 7:15 PM.



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