AGENDA

SPECIAL MEETING OF THE CITY OF NISSWA PLANNING COMMISSION/BOARD OF

ADJUSTMENT

TUESDAY, OCTOBER 1, 2019

1) Call To Order (5:00 PM)

2) Meeting Roll Call (5:00 PM)

3) Onsite Visits

a. 25157 East Roy Lake Rd

b. 5442 City Hall St

4) Additions and Deletions

5) Approval of Minutes

a. September 3, 2019 Meeting Minutes

b. September 10, 2019 Meeting Minutes

6) Open Forum

7) Public Hearings (6:00 PM)

a. CUP APPLICATION 033-19 to demolish and reconstruct an existing shed in a larger

footprint. The subject property is located at 25157 East Roy Lake Rd. Owner/Applicant:

Brian and Penny Stumvoll.

b. CUP APPLICATION 032-19 to construct a cell tower on city property. The subject

property is located at 5442 City Hall St behind the City Hall building. Applicant: Verizon

Wireless Owner: The City of Nisswa.

8) New Business

a. Road vacation for Monica Anderson

9) Old Business

10) Planning & Zoning Administrator’s Report

a) Permits Approved

b) Violations List

11) Commissioners’ Questions/Comments

11) Adjourn

CITY OF NISSWA

PLANNING COMMISSION/BOARD OF ADJUSTMENT

Site Visits

October 1st, 2019, 5:00 PM

1) 25157 East Roy Lake Rd - Conditional Use Permit to construct an

accessory structure.

2) 5442 City Hall St – Conditional Use Permit to construct a

communications tower on city property.

NOTICE OF PUBLIC HEARING THE CITY OF NISSWA PLANNING COMMISSION/BOARD OF ADJUSTMENT

WILL HOLD THE FOLLOWING PUBLIC HEARINGS AT A MEETING ON TUESDAY, OCTOBER 1, 2019 at 6:00 PM., NISSWA CITY HALL, NISSWA, MINNESOTA. THE PLANNING COMMISSION MEETING WILL COMMENCE AT 430 PM AT CITY HALL

AND THEN CONTINUED TO THE PROPERTIES LISTED BELOW FOR ONSITE VISITS.

CUP APPLICATION 033-19 to demolish and reconstruct an existing shed in a larger footprint. The subject property is located at 25157 East Roy Lake Rd. Owner/Applicant: Brian and Penny Stumvoll. CUP APPLICATION 032-19 to construct a cell tower on city property. The subject property is located at 5442 City Hall St behind the City Hall building. Applicant: Verizon Wireless Owner: The City of Nisswa.

By: Brittney Cotner Planning & Zoning Administrator

For: Planning Commission / Board of Adjustment CITY OF NISSWA

5442 City Hall St, Nisswa, MN 56468 | Telephone: 218-963-4444 | Email: info@ci.nisswa.mn.us

CITY OF NISSWA

PLANNING COMMISSION/BOARD OF ADJUSTMENT NOTICE OF HEARING

TO WHOM IT MAY CONCERN: The following will be the subject of a public hearing on Tuesday, October 1st, 2019 beginning at 6:00 P.M. Hearing: A conditional use permit application to construct a 1,200 sf accessory structure. Property Owner: Brian and Penny Stumvoll Applicant: Brian and Penny Stumvoll Property Description: The subject property is located at 25157 East Roy Lake Rd. PIN 28100625. A map identifying the subject property is on the reverse side of this notice. Purpose: The applicant is requesting a conditional use permit to construct a 1,200 sf accessory structure in an adjusted footprint where an existing accessory structure currently exists. Property Owner Please Note: Please share this information with your neighbors in the event that any nearby property owner has been overlooked or in not contained in our records. All interested parties are invited to attend this hearing and be heard or send written comments to the City of Nisswa, PO Box 410, Nisswa MN 56468 or directly to the zoning administrator at zoningadmin@ci.nisswa.mn.us. Additional information regarding this request including the application form, site plan, drawings and other pertinent information is available at city hall. The staff report regarding this request will be available approximately one week before the meeting at city hall and online at www.cityofnisswa.com. Brittney Cotner, Planning & Zoning Administrator City of Nisswa

The subject property is located at 25157 East Roy Lake Rd.

Site

ADAMS, MARILYN2270 112TH LN NWCOON RAPIDS, MN 55433

BAYNARD, JENNIFER A5726 ORCHARD AVEWHITE BEAR TOWNSHIP MN 55110

GOTTSCH, STEVEN L & JOYCE MP O BOX 287NISSWA MN 56468

GUSTAFSON, STEVEN F & DAYNA S4600 UNDERWOOD LNPLYMOUTH, MN 55442

HALL, JOSEPH E & SONJA A4600 LOWER LAKE RDNISSWA MN 56468

KRUSE, JAMES E6002 INDIGO RDBRAINERD, MN 56401

RASMUSSEN, JON E & KRISTIN M7623 103RD AVE NBROOKLYN PARK, MN 55445

SEVERSON, ROBERT W & MARIA H4543 BIRCHRIDGE DRNISSWA, MN 56468

STUMVOLL, BRIAN E & PENNY J TRUST25157 E ROY LAKE RDNISSWA, MN 56468

SWANSON, CRAIG J & ROXANNE R6742 BLACK DUCK DRLINO LAKES, MN 55014

SWITS, ANGELA KAY11310 SANDCASTLE DRIVEUNIT GWOODBURY, MN 55129

TAX FORFEITEDCROW WING COUNTY LAND SERVICES322 LAUREL ST STE 15BRAINERD, MN 56401-3590

VOSPER, SCOTT A4505 BIRCHRIDGE DRNISSWA MN 56468

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Brian and Penny Stumvoll (Application #033-19) October 1, 2019 Agenda Item: 7a

STAFF REPORT

Agenda Item: 7a

Application: Conditional Use Permit 033-19 Open Space Residential Accessory Structure

Applicant: Brian and Penny Stumvoll

The applicant is requesting a conditional use permit to construct a 30’ x 40’ (1,200 sf) accessory structure on a 4.5 acre parcel located at 25157 East Roy Lake Rd. The subject property is zoned “Open Space Residential” contains a dwelling, garage, and existing accessory structure to be demolished. The proposed impervious surface coverage of the property is just under 9% (15% allowed). The proposed accessory structure total is 2,900.

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Brian and Penny Stumvoll (Application #033-19) October 1, 2019 Agenda Item: 7a

Applicable Ordinances

The following ordinances are applicable to the application for a conditional use permit

4.5.2 Lot Size, Setbacks and Area Standards Chart

City of Nisswa Lot Requirements Chart

Requirement District

OSR

Building Height 25 ft

Local Road Right-of-Way 30 ft

Side Lot Line 20 ft Rear Yard 20ft

Total Impervious 25 %

4.7.12 Accessory Structures A. Accessory structures may only be constructed on a lot containing a principal

structure. The footprint of an accessory structure may not be larger than the footprint of the principal structure on the same lot, unless a conditional use permit is obtained. Accessory structures shall be allowed within all residential districts by permit issued by the Planning & Zoning Administrator or by conditional use permit issued by the Planning Commission as follows:

B. Size Limitation. The cumulative square footage of all detached accessory structures on a residential property may not exceed 2,500 square feet, except in the OSR District, where a conditional use permit is required.

Detached Accessory Structures Square Footage OSR SR LR UR

Up To 1200 sq. ft. and Exterior color Matches Principal Structure

P P P P

Between 1200 sq. ft. and 2500 sq. ft. With setbacks of 75 feet Front and 30 feet on all other sides and Exterior color matches Principal Structure And Vegetative Screening is Planted in Setback area

P P C P

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Brian and Penny Stumvoll (Application #033-19) October 1, 2019 Agenda Item: 7a

Between 1200 sq. ft. and 2500 sq. ft. With setbacks of 75 feet Front and 30 feet on all other sides and Exterior color does not have to match Principal Structure and Vegetative Screening is Planted in Setback area

C C C

Greater than 2500 sq. ft. and Exterior color matches Principal Structure

C

Note: Attached garages, storage buildings, and sheds connected by a roofed

walkway at least 10 feet long shall be considered detached accessory structures for the purposed of this Ordinance.

Note: Accessory structures must also meet OHW setbacks unless otherwise provided in this ordinance.

4.13.5 Conditional Use Permits

C. Evaluation Criteria. The following criteria shall be used in reviewing a proposed conditional use permit application. The use with conditions will:

1. Ensure that the use and enjoyment of other property in the immediate vicinity for the purposes already permitted is not impaired. 2. Will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. 4. Provide adequate measures sufficient off-street parking and loading spaces to serve the proposed use. 5. Ensure that adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6. Not depreciate property values within the immediate vicinity. 7. Not cause the local, County or State road systems to exceed their safe carrying capacity.

A. Failure by the owner to act in reliance on a conditional use permit within 6 months or failure to complete the work under a conditional u se p ermit within two years, unless extended by the Planning Commission, shall void the permit. A second extension shall require a new public hearing. This provision shall apply to any conditional use permit outstanding at the time of the Ordinance adoption except Planned Unit Developments.

Planning Commission Direction:

The Planning Commission may decide to approve the application, deny the application, or table the application if further information is required. If the decision is for approval or denial findings of fact should be cited.

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Brian and Penny Stumvoll (Application #033-19) October 1, 2019 Agenda Item: 7a

Findings of Fact:

The following findings of fact are provided by staff for the Planning Commission’s consideration:

1. The subject property is located at 25157 East Roy Lake Road. 2. The subject property is in the “Open Space Residential” Zoning District. 3. The conditional use permit request is to construct a 30’ x 40’ (1,200 sf) residential

accessory structure. 4. The subject property is 4.5 acres. 5. The subject property is allowed an excess of 2,500 sf of “accessory structure” space with

a conditional use permit per Section 4.7.12 (B) of the zoning ordinance. 6. Impervious Surface Coverage: The property will have a 9% percent impervious surface

coverage. 7. Water Supply: The subject property is served by a private water well. 8. Sewage: The proposed building does not require sewer service or septic. 9. The proposed use, with conditions, will ensure the use and enjoyment of other property

in the immediate vicinity. 10. The proposed use will not create a need for additional off-street parking. 11. The proposed use, with conditions, will not create a public nuisance. 12. The proposed structure will not depreciate property values within the immediate vicinity

of the subject property. 13. The proposed use will not create additional vehicular traffic on local, county or state road

systems.

Staff Recommendation: Staff recommends the Planning Commission APPROVE the conditional use permit request, subject to the following conditions:

1. The accessory structure may not contain living quarters and may not be utilized for human habitation.

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Monica Anderson Road Vacation Petition October 1, 2019 Agenda Item: 8a

STAFF REPORT

Agenda Item: 8a

Application: Petition for Road Vacation

Applicant: Monica Anderson

The applicant is requesting a road vacation to the rear of her property located at 22500 Camp Lincoln Road. The subject property is .22 acres and in compliance with all other ordinances. The application has been approved by Public Works and City Council. It has come before us to confirm no Planning or Zoning concerns are evident.