Crow Wing Township
Planning Commission Meeting April 10, 2017 6:00pm
Commission Members Present: Brad Arnold (Chair), Linda Schuety, Dan Lee, Doug Kern, Justin Burslie (Planning & Zoning
Administrator), Greg Smith (Township Supervisor), Duane Ruona (Town Clerk)
Brad called the meeting to order at 6:00 PM and the pledge to the flag was recited.
The public hearing for Rezoning Application 17-4480 to encroach the Highway 371 right-of-way setback and exceed the maximum
impervious surface coverage allowed in the C-1 Zone was the first order of business. Brad Arnold is involved in the construction
process for the owner so he yielded the chair to Dan Lee, vice chair and moved to the audience to provide information on the
Property Owner: WRD Holdings; LLC Applicant: Brad Arnold, Hy-Tec Construction; Property Description: The subject property
is located at 9360 Wild Rice Road and consists of two parcels:
The north tract is 2.4 acres and contains a portion of a parking area for the adjacent parcel (south tract). It does
not contain any structures and has 12% impervious surface coverage.
The south tract is 2.1 acres and contains a restaurant (Connie's Kitchen) and a gas station/convenience store (Wild Rice
Depot). The subject property has 69% impervious surface coverage and contains two private sewer systems (conforming) and
has a private water supply.
The applicant is proposing to combine the north tract and south tract and construct a 40' x 160'(6,400 sf/ 9' sidewalls)
commercial storage building 66’ from the right-of-way of Business Highway 371 while 120' is required. A second
40' x 140' (5,600 sf) commercial storage building is also proposed as part of the second phase of the project. The proposed
overall site impervious surface coverage is 64.4% while 60% coverage is allowed.
Staff Findings: The following findings of fact have been prepared for consideration by the Planning Commission:
1. The subject property is located at 9360 Wild Rice Road and consists of two parcels: A: THAT PT OF SENW LYING E OF RAILROAD
ROW EXC THAT PT OF SENW LYING E OF A LINE, DAF: COMM AT SE COR OF SD SENW THEN N 83D 57'0" W ASSM BEAR AND IN ACCORDANCE
WITH PLAT OF CROW WING ESTATES IN SD CW COUNTY ALG S LINE OF SD SENW A DIST OF 150 FT TO POB OF THE LINE TO BE DESC THEN N
7D 48'20" W A DIST OF 360 FT TO SE'LY LINE OF THE BNRR AND SD LINE THERE ENDING. SEC 16 TWP 44 RGE 31. PIN 5401624003A0009.
B: OUTLOT A EXC PT TO CROW WING ESTATES HOMEOWNERS ASSOC & ALSO INCL PT OF OUTLOT A DESC: BEG AT POINT WHERE N LINE
OF SD OUTLOT A INTER S'LY ROW LINE OF ABANDONED BNRR THEN S 83D 57'0"E ASSM BEAR 156.7 FT ALG N LINE OF SD OUTLOT A THEN
S 0D W 98.3 FT THEN N 90D W 116.05 FT TO POINT 'A'THEN CONT N 90D W 33.95 FT THEN N 30D 2'36"W 102.3 FT TO SD S'LY ROW
LINE OF ABANDONED BNRR THEN N 59D 57'24"E 52.44 FT ALG SD S'LY ROW LINE TO POB. SUBJ TO ESMNT OF REC. EXC PT TAKEN BY
STATE OF MN AS EMINENT DOMAIN ON DOC #237776 (COMMON ELEMENT PARCEL 56109000000A009) OF CROW WING ESTATES. SEC 16 TWP 44 RGE
31. PIN 5610900090AA889.
2. The subject property is zoned Commercial 1 and meets the minimum size and dimensional requirements of that zone.
3. A variance has been requested to encroach the Business Highway 371 setback (66'-9"; proposed/120' required) and
exceed the maximum impervious surface coverage allowed (64.6% proposed/ 60% allowed).
4. The variance request is in harmony with the purpose and intent of the land use ordinance. The proposed use of the property
(commercial storage buildings) is consistent with the purpose and intent of the Commercial 1 Zone: A. Commercial District
1 (C-1). The purpose of this district is to provide adequate areas for general retail, wholesale, office and service activities
located as permitted uses in areas adjacent to incorporated municipalities. C1 commercial districts shall be located along
federal, state, or county highways.
5. The proposed development, with conditions, is consistent with the comprehensive plan. The subject property suitable
for commercial development as it is adjacent to a state highway. It will be required to be screened from adjacent residential
property, which is consistent with the comprehensive plan.
6. The property owner is proposing to utilize the property in a reasonable matter. The proposed use is commercial and
is permitted in the Commercial 1 land use classification. Due to the size and configuration of the subject property the property
owner cannot meet the 120' setback and 60% impervious surface coverage with the proposed project.
7. The proposed location of the building encroachment will not impede the development of potential future frontage roads.
There is sufficient land area adjacent to the subject property for a future frontage road.
8. The unique circumstances of the subject property were not created by the property owner.
9. The proposal, with conditions, will maintain the essential character of the locality. The subject property contains
a commercial use (consistent with the proposed use) and the proposed improvement will be adequately screened from the adjacent
10. The variance request is not based on economic considerations.
Staff Recommendation: If the Board of Adjustment wishes to approve the application, staff recommends the following conditions
1. Land use permits for the project shall not be issued until MnDOT is notified of the request and their concerns (if
any) are addressed.
2. A stormwater management plan created by a licensed engineer shall be created and implemented in accordance with the
land use ordinance.
3. A natural 50 ft wide vegetative buffer shall be remain along the east property line. Vegetation shall in this area
shall be allowed to grow naturally and shall not be maintained.
The storage buildings will be built in stages. The area will not be fenced unless it becomes necessary later on. There
was discussion about the proximity of the buildings to the trail on the former railroad grade. There was also discussion
about turning the buildings so they were parallel to the south lot line, but the corner of the building would still require
a variance for the setback requirement. Traffic flow was also addressed. A stormwater management plan from Schultz Engineering
was included in the application.
Doug made a motion to approve Rezoning Application 17-4480 with the building setback 66’ from the right-of-way
of Business Highway 371 instead of the required 120' and the overall site impervious surface coverage of 64.4% instead of
the 60% coverage that is allowed subject to MnDOT approval of the 66' setback and a 25' wide vegetative buffer remains along
the east property line. Motion was seconded by Greg, motion passed.
Brad returned to the table as chairman and asked if there were any additions or deletions to the agenda. BMX track improvements
discussion was added. Nick Reindl had information about having Oak Land Cemetery information available on the internet.
The information will be presented at the next Town Board meeting.
Under the open forum agenda item, Greg mentioned that there were a lot of items being stored on property at Brandon Way
and Robin Street. Brad stated that there were garbage bags, tires, and wheels on county property at Gorron Road and 50th
The BMX track is considering a new storage building at the starting area and cleaning up the existing buffer zones between
the track and park and the track and Town Hall Street.
Dan made a motion to accept the minutes of the March 13, 2017 meeting, second by Doug. Motion passed.
Fencing standards were discussed under new business. Any typical fencing material is permitted as long as the fence is
not over 6.5 feet high and the finished side is to the neighboring property. Any change to the current ordinance would require
a public hearing.
The Wade Tomberlin property violation was discussed. A complaint about more items being brought in was received from
the neighbor. Brad was requested to talk to the judge in charge of the civil suit filed against Mr. Tomberlin's neighbor.
Civil issues are not addressed at the town board or planning commission. Another inspection is due this spring on the property.
Copies of previous correspondence about the violations will be compiled and sent to Brad for consideration of future legal
action by the township.
Justin gave his P&Z report. No permits have been issued since the last meeting but there have been numerous inquiries.
Linda made a motion to adjourn, Dan seconded, meeting adjourned at 8:15 pm.