06.01 Planning Commission Report

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is allowed. Mr. Burslie explained a property owner can repair, maintain and replace a pre-existing structure. In this case the structure is also in the flood plain so if they do replace it they do need to flood proof it. We would permit it meeting the floodplain standards, but they can't intensify the use; that is what the Variance request is for. Planning Commission Member Birch asked if there were shoreland development rules that dictate you can't improve or replace up to 50% of the value of the structure. Mr. Burslie stated the ordinance states if 80% of the structure is damaged or value and a permit isn't applied for in maybe i6o days, then you can't replace it. When asked, Mr. Burslie stated the rules come from State Statute. Patty Lawrow asked if plumbing had to be setback from the shoreline. Chair Hallan stated there are separation requirements between a well and septic. Mr. Burslie stated there are setback requirements for SSTS which is 5o feet for the tank and OHW. The applicant had asked Chair Hallan if a holding tank would be allowed for the boat house and Chair Hallan stated it would not be allowed. They are proposing a grinder basin which would be below the OHW. Planning Commission Member Paulbeck asked if there were are precedents for this. Has this type of use, a high volume restroom next to the water,been approved elsewhere in the Brainerd lakes area? Mr. Burslie stated he is not aware of any. Planning Commission Member Wilson asked if this request is for one unisex bathroom. Chair Hallan stated it is. Planning Commission Member Wilson stated they plan to remove the lodge with bathrooms and replace with one bathroom. Mr. Burslie stated the 9 Findings of Fact in the Staff Report were left open ended. If the Planning Commission is prepared to make a decision we would need to modify the Findings to reflect your decision. The application can be approved or denied; the application can also be tabled if you need additional information to make a decision. Mr. Steffens asked Chair Hallan if he could request this application be tabled so he could consider alternate locations. He stated he was not aware he could construct the structure at another location. Chair Hallan asked if any Planning Commission Members were in favor of tabling this. Planning Commission Member Birch stated he would be more comfortable denying the request. Denying the Variance does not preclude them from coming back with an additional request. He was concerned with the time deadlines. Mr. Steffens stated he was concerned with Findings that could affect the viability of another request. MINUTES 9 Pequot Lakes Planning Commission June 20, 2oi9