June 10, 2021 at 1:12 p.m.
Proposed changes to county land use ordinance reviewed
The planning commission will receive public comment on the proposed changes at a hearing at 5 p.m. on July 13 at the land department building in Backus. Depending on comments received at that meeting, the planning commission can consider further changes and schedule a second hearing, or vote to recommend adopting the changes that night.
Once the planning commission has voted to recommend changes, the revised ordinance will go to the county board for consideration and final adoption.
One proposed change recognizes that the 2011 Legislature changed the criteria a planning commission should consider before issuing variances. Rather than basing variances on "hardship", the commission must now consider "practical difficulty."
Cass proposes to define a "practical difficulty" under the land use ordinance as meaning "the property owner proposes to use the property in a reasonable manner not permitted by the ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality."
Further, "no variance may be granted that would allow any use not allowed in the zoning district in which the subject property is located. The Planning Commission/Board of Adjustment may impose conditions in granting of variances."
A section on Agricultural Easements is proposed to be deleted.
Fowl have been added to domestic animals as permitted creatures which residents may keep on their premises, with number limits set similar to small animals, depending on lot size.
A storm water run-off design professional as well as a registered professional engineer would be allowed to prepare storm water control and grading plans when those plans are required.[[In-content Ad]]
Steep slopes are added to bluff zones, with the definition of such expanded from a 25-percent grade to an 18-percent grade. "Any activity," not just depositing sand during a shoreland alteration below the normal high water mark would be required to meet DNR public waters rules.
Vegetation stabilization following shoreland alterations must be done within 120 days of work commencing under the proposed changes.
The county proposes to set hours and days for operation for existing as well as new gravel pit operations.
Existing non-conforming structures may be replaced within the existing footprint, but any additions or expansions to a residential structure would require a variance. The county may require a licensed building inspector to inspect the structure to verify structural integrity of a non-conforming structure before an expansion may be granted.
Walkout basement additions to nonconforming structures would require a variance.
A private retreat that converts an existing resort to multiple residential parcels would require a conditional use permit and conversion to a residential district.
An extensive section would be added concerning vegetative buffer zones, using native plants endemic to this county prior to European settlement.
Advertising signs in a commercial district not only would be required to sit off road rights of way, but also be 10 feet from a property line. Maximum height would be 35 feet.
Guest quarters for non-riparian (lots not abutting water) would be allowed without restrictions on size when other normal setbacks and restrictions for building can be met. A section for boardwalks and walkways would be added.
In the shore impact zone, current regulations require a shoreland alteration permit to remove 25 percent of trees, in a random pattern and 100 percent of shrubs. That would change to 30 percent of shrubs.
A complete copy of the proposed changes is available on the county website at www.co.cass.mn.us.
Second publication rights after Brainerd Dispatch.
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