Shoreland changes proposed

By Tom Hintgen (Contact) | The Daily Journal...Published Wednesday, January 16, 2008

County residents and county commissioners, on Tuesday afternoon, waded through the final one-third of proposed changes to the Shoreland Management Ordinance. The next step — prior to the next public meeting on Feb. 19 — calls for Land & Resource Director Bill Kalar to make a final draft in consultation with commissioners.

The State of Minnesota requires all counties to have a Shoreland Management Ordinance. A public hearing also is required when changes to the ordinance are proposed. Final changes will later be adopted by the county commission.

Public input Tuesday afternoon followed a public gathering on Jan. 8 when the five-person county commission and constituents commented back and forth about the first two-thirds of proposed changes to the ordinance.

Conditional use permits were again a hot top for discussion, and debate, in the County Commissioners’ Room. Most of those in attendance agreed with individuals who emphasized that the county board itself have the final authority on permits. The five-person board itself agreed.

The board, over 95 percent of the time, agrees with the planning commission on whether to approve or not approve conditional use permits.

Board chairman Sydney Nelson said that, on occasion, he and other board members (vice chair Everett Erickson, Dennis Mosher, Roger Froemming and Robert Block) will overrule the planning commission when situations warrant it.

The topic of conditional use permits came up regarding variances for resorts.

Proposed language in the Shoreland Management Ordinance says that existing resorts “may add on to or replace existing dwelling units, without a conditional use permit or variance, provided it is not located within a BLZ (Bluff Impact Zone), substandard setbacks are no closer to the OHWL (Ordinary High Water Level), lotlines, or the road right of way, and does not exceed the impervious surface requirement.”

The aforementioned language led to a discussion about septic systems, and how they relate to a conditional use permit or variance.

Requirements as to the use of a recreational camping unit (RCU) was another subject that led to lengthy discussion Tuesday. Proposed wording for the ordinance states that a single family residential lot shall contain only one dwelling, at which place a RCU may be placed onsite without a site permit if special requirements are met.

Those requirements include the RCU not being on site for any more than three consecutive days, the RCU is placed in compliance with all setback requirements and the RCU does not have any sewer or water connections.