Planning Commission Meeting-November 9, 2020

Crow Wing Township Planning Commission Meeting
November 9, 2020 6:00 PM

Commission Members Present: Brad Arnold (Chair), Dan Lee, Paul Stephany, Nate Keller (Planning and Zoning Administrator), Tucker Schuety (Township Supervisor) & Duane Ruona (Township clerk). Linda Schuety was absent.

Brad called the meeting to order at 6:00 PM.

There was a Public Hearing for a rezoning application for 6545 CR 45. The Applicant wishes to rezone just under 5 acres from Agricultural/Forestry to Rural Residential 2.5.

Property Owner/Applicant: Raymond Puetz/Tony and Ranae Cosert

Background Information: Staff was approached about a lot split for subject property identified as 6545 County Road 45 (PID 56360513). The proposed split would result in one lot being shy of 5 acres. Existing zoning of parcel is Ag/Forestry. Ag/Forestry requires a minimum lot size of 35 acres. Therefore, the lot split could not be processed since the resulting new lot would be less than 5 acres. Staff recommended the applicant pursue a rezone to facilitate the lot split. Proposed rezone would result in "Tract A" being rezoned to Rural Residential 2.5. The remaining portion of the lot identified as "Tract B" (which a house sits on) would stay as Ag/forestry. The rezone (if approved) is conditioned on the applicant submitting a legal survey from a licensed land surveyor and proceeding forward with a Minor Subdivision.

Minor Subdivisions are handled administratively.

Action requested: Recommendation to deny, approve or table the request is needed Recommendation will be forwarded to Township board for final action at the Nov. 10th meeting.

If approved, the minor subdivision would be done administratively. Dan asked if the 165 foot lot width was the minimum allowed. Nate stated that it was. County Road 45 access is controlled by the county and they are okay with a separate entrance to this property. A permit from the Crow Wing County Highway Department will be required. There were no responses received from neighboring land owners.

Tucker made a motion to recommend approval by the Town Board based on the following Findings of Fact and Conditions of Approval:


1. The subject property is addressed as: 6545 County Road 45, Brainerd, MN 56401
2. The reclassification is in accordance with the comprehensive plan. The future land use map (contained in the comprehensive plan) identifies the subject property as "Medium Density Residential".
3. The future land use of "Medium Density Residential" has a suggested minimum lot size of 2.5 acres.
4. The "Rural Residential 2.5" land use classification has a minimum lot size of 2.5 acres.
5. The reclassification is warranted due to changed land use circumstances or a need for additional property in the proposed land use district. The proposed rezone would result in one new lot which allows for another new home to be constructed. The lot is serviced by a roadway (County road 45)
6. The subject property is suitable for development in general conformance with land use standards under the proposed land use district classification.
7. The reclassification will not be detrimental to uses or property in the immediate vicinity of the subject property. The surrounding properties are zoned Ag/Forestry and contain residential and agricultural uses. Rezone to Rural Residential 2.5 for "Tract A" will result in a similar use as adjacent land.
8. The rezone meets the following Comprehensive Plan goal: Goal #7 - Ensure that any Township land use regulation meets the goals of the Comprehensive Plan and is also understandable, fairly applied, and has a clear process for approval. The rezone is consistent with the Future Land Use as depicted in the Comprehensive Plan. The rezone process as indicated in the Township code has been followed and public hearing notices have been provided. The process for approval is clearly outlined in code and has been followed.


1. Rezone is contingent on the approval of a minor lot subdivision. Applicant shall submit a legal survey signed by a licensed land surveyor showing the subdivision of "Tract A" and "Tract B". The Zoning Administrator shall review and process the subdivision as provided in Crow Wing Township Zoning and Subdivision regulations.
2. A new E911 address and parcel ID for "Tract A" shall be applied for by applicant and submitted to Crow Wing County. Applicant shall provide the Township with proof of the new address and parcel Id number.

Motion seconded by Paul. Motion passed 4-0. Nate will forward the information to the Town Board for a final ruling on the rezoning application.

Brad asked that discussion about the Oak Ridge South Second Addition relating to "As-Built" drawings be added to the agenda.

Open Forum-nothing.

Tucker made a motion to accept the minutes of the October 12, 2020 meeting. Dan seconded, motion passed 4-0.

New Business. Nate is leaving Sourcewell to take a new job and his last day will be November 24, 2020. Justin will take over duties until a replacement is named. Nate was thanked for his work with the township.

Under Old Business the Comprehensive Plan review was discussed. Nate had three maps showing the possible commercial zoning options along the TH 371/ Business 371 corridor. Option #1 showed the entire corridor from Business 371 at the Brainerd city limits then along TH371 to the township limits as commercial zoning. Option #2 showed only Business 371 as commercial zoning. Option #3 showed the existing commercial zoning along Business 371/TH 371. Nate asked that the Planning Commission members take the maps and consider previous discussions and bring a recommendation to the December Planning Commission meeting for a final determination of the future land use map. A public hearing would be required before the process is completed. Nate will ask Justin to bring the map from the October meeting with suggested changes to the December meeting for review also.

The Wade Tomberlin violation was discussed. Brad stated that there have been issues brought to the Town Board by Wade and the neighbor. Each says the other is putting items on their properties and that is a civil issue. Nate sent a letter to the owner at 6818 Wels Avenue about a structure on the property that was not permitted. The owner said he builds the structures and sells them so they are not there permanently. Brad said there are campers and RV's on the property that are being occupied in violation of the Township Ordinance. Manufacturing buildings is a commercial use and the property is zoned residential. Brad will get pictures of the property and send them to Justin for another letter to be sent to the owner. The access to the new house at 9496 Arielle Drive which has been used as a snowmobile trail in the past was discussed. Brad stated that Doug Kern was looking into that as part of the R&J Broadcasting property and Chad Jillson issue.

The Planning and Zoning Administrator's report was reviewed. Brad asked if a permit was issued for a new home at 5166 60th Street. The permit on May 24, 2020 was for a garage. Nate looked at 2019 permits and one was issued for a manufactured home at that address on October 22, 2019.

Brad said that Greg Smith asked that the Planning Commission look at the Final Plat for Oak Ridge South Second Addition to see if an "As-Built" drawing for the Stormwater plan that was implemented was completed. Before the township takes over the road all the paperwork needs to completed and Greg wants to see that final Stormwater plan drawing. Nate said that an outside party needs to look at the property and assure that the Stormwater plan that was implemented meets Township specifications. Brad asked that Nate send the Town Board a memo indicating that any alterations to the original plan needs to signed off on by a civil engineer.

Town Board Correspondence was reviewed.

Dan made a motion to adjourn, Paul seconded, meeting adjourned at 7:08 PM.

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