SYLVAN TOWNSHIP
REGULAR PLANNING COMMISSION MEETING MINUTES
November 12, 2015 7:00 PM
CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL: Chair Dave Johnson called the meeting to order at 7:00 PM and the Pledge of Allegiance was said. Those present: Scott Hendrickson, Greg Bennett, Dave Johnson, Tane Barclay, Board Liaison Yvette Adelman-Dullinger and Colleen Putnam, Deputy Clerk. Excused Absence: Brenda Silgjord. Sign-In sheet attached.
Agenda: Greg Bennett moved to approve the amended agenda, seconded by Scott Hendrickson and the motion carried.
Minutes:
October 8, 2015 Joint Meeting with the Town Board amend/approve: Tane Barclay moved to approve the minutes, seconded by Scott Hendrickson and the motion carried.
October 8, 2015 Regular PC Meeting amend/approve: Tane Barclay moved to approve the minutes, seconded by Scott Hendrickson and the motion carried.
Public Input:
None at this time.
Correspondence Received:
Cass County Building Log: The PC received a copy of the building permits, variances and shoreland alterations from Cass County which were from October 1, 2015 to October 31, 2015.
Cass County, Cestnik Variance – Site Visit: An application was submitted to construct a 30 feet x 44 feet detached garage to be located 75 feet from the river. Greg Bennett and Dave Johnson attended the site visit. Following is the facts and findings that Greg Bennett submitted to the Sylvan Town Board:
Facts:
· Build a structure/garage of 30 x 44 feet
· Structure will be located 75 feet from the river
· Property contains 1.25 acres riparian to the Gull River
· Setback requirement for a tributary river is 100 feet
· The lot is a leased lot owned by Minnesota Power.
Findings:
· The variance will be consistent with our Comprehensive plan to keep the current natural state intact by reducing the number of trees that would need to come down.
· The variance would not alter the character of the neighborhood since it will require little removal of existing natural land. The structure would be built on an area that is currently open and not rather wooded.
· The proposed use is practical as it will make the property more usable with no negative impact on the setback or the views from neighbors or from the river.
Recommendation:
Sylvan Township recommends that this variance be granted. One condition is that there will be a water runoff plan put in place from the backside of the house and the new structure. This will reduce all water runoff that currently drains to the river.
Cass County, Horn Variance – Site Visit: An application was submitted to construct a 20 feet x 24 feet garage to be located 8 feet from the closest property boundary line and 10 feet from the platted right-of-way of 26th Avenue. Greg Bennett and Dave Johnson attended the site visit. Following is the facts and findings that Dave Johnson submitted to the Town Board:
Facts:
- The property contains .33 acres riparian to Sylvan Lake.
- The Horns are requesting a variance of 2' of the required 10' side setback from the property line.
- The Horns are requesting a variance of 10' from the required 20' setback from a road right of way.
- The Horns have created a great storm water collection and retention system for runoff from the street and their buildings.
- The lot and street were platted in 1941.
Findings:
- The variances would be consistent with the purpose and goals of the Sylvan Township Comprehensive Plan as they have resolved the main concern of runoff into lakes and rivers of the township and there is very little required with tree removal or earthwork.
- The problem of the right of way setback is not the making of the owner as the lot was platted prior to their ownership and they cannot move the garage forward. The problem of the side setback, however, is the creation of the owner as it appears they can move the garage closer to the drain field which would eliminate the need for that variance.
- The variance if granted will not alter the character of the neighborhood. Lots in this area are very small and are similar in nature to that proposed by the Horns.
- The proposal appears to be a reasonable use of the property if the garage can be moved to a 10' side setback.
Recommendation:
Sylvan Township recommends approval of the right of way setback variance to 10' but denial of the side setback variance.
Correspondence Sent:
Town Board Recommendation – Cestnik Variance: A letter from the Town Board was sent to Paul Fairbanks, Cass County ESD, recommending approval of the Variance.
Note: Greg Bennett attended the Cass County PC meeting and informed the Sylvan Planning Commission members that the Cass County PC did approve the Cestnik Variance.
Town Board Recommendation – Horn Variance: A letter from the Town Board was sent to Paul Fairbanks, Cass County ESD, recommending denial of the Variance due to the fact the setback is not back enough from the road. Note: Greg Bennett stated the Cass County PC tabled this until next month with the Horn’s coming back with a different plan.
Tane Barclay Letter of Interest for PC: Tane submitted his letter of interest that he would like to serve on the Planning Commission for another term. Greg Bennett moved to recommend the Town Board approve Tane Barclay’s letter of interest to serve another three year term on the Planning Commission, seconded by Scott Hendrickson. The question was called and the motion carried.
Reports:
Yvette Adelman-Dullinger –Town Board Liaison: Yvette informed the Planning Commission members of the following items discussed at their last meeting:
1. Yvette handed out a copy of an email she received from the Dept. of Revenue in regard to property tax levies for 2016.
2. Roads: 125th Avenue has been surveyed. The Township received a complaint that a vehicle has been parked at a landing on a paper road, a letter will be sent out in regard to the vehicle.
3. Received a response in regard to Outlot A from the Township attorney. It states in the letter Mr. Baker owns the property but Sylvan Township owns the easement.
4. Feedlot Moratorium: the Board would like to review the moratorium in more detail and would like copies of the draft feedlot ordinance.
5. Tabled the Road and Driveway Standards Ordinance.
6. Received an update on the septic inspections. There is still grant money left, so will be extending the inspections.
7. The AWAIR meeting will be held on December 3, 2015 at 6:45 PM before the regular Board meeting. The Holiday party will be at 5:30 PM the same evening.
8. The Board voted to accept the renaming of the park to Sylvan Lake Park.
9. The loggers are done at the park, they just need to put the gate back up.
Corner Store: Chad from the Corner Store is putting siding on what was the storage building to match the gas station/convenience store.
Previous Board Minutes: You are receiving in your packets, please read them over for your information.
Old Business:
Road Ordinance: The Ordinance was tabled at the Town Board meeting.
STERT (Sylvan Township Emergency Response Team): Greg stated he wouldn’t have anything on this until sometime this winter.
Feedlots: Dave handed out a draft feedlot ordinance he worked on using some of the verbiage from Fillmore County’s Ordinance. The information in italics is where Dave added or changed the wording. There was discussion in regard to feedlot setbacks and decided to change the category Shoreland Boundary to any lakes, waterways or wetlands and change the setback footage under expansion to 1320 feet and under new feedlots to 1320 feet. After further discussion it was decided to have the Planning Commission look over the Fillmore County Ordinance along with what Dave has completed. Greg Bennett will look up the information in regard to the MN Statutes and MPCA rules which is listed under the Statutor Authority section in the Fillmore County Ordinance. Scott Hendrickson will look up the information by the University of MN Dept. of Bio-Systems and Agricultural Engineering that is under the Feedlot Setbacks in the Fillmore County Ordinance. Colleen will work on getting the draft ordinance Dave worked on and put it together with Fillmore County Ordinance.
Greg Bennett recommended making the changes and giving it to the Board as a preliminary draft, seconded by Scott Hendrickson. The question was called and the motion carried.
New Business:
Sylvan Lake Park: We will work on this after the new year.
Annual Reviews:
Fornshell Bus Service – CUP: Dave Johnson and Greg Bennett will go to Fornshell Bus Service for their annual review.
MN Power – Variance: Dave Johnson and Greg Bennett will drive by MN Power when they go to Fornshell Bus Service.
Deposits held: Boyer’s Well Service
Announcements: Read
Adjournment: Scott Hendrickson moved to adjourn, seconded by Greg Bennett, and the motion carried with the meeting being adjourned at 8:25 PM.
Minutes submitted by:
_Colleen Putnam______
Colleen Putnam, Deputy Clerk
PC Member Greg Bennett moved to approve the minutes as presented/as amended, seconded by Scott Hendrickson and the motion carried.
Amendments:
Date: 12-10-15
November 12, 2015 Page 3