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SIBLEY TOWNSHIP PLANNING COMMISSION HEARINGS <br /> TUESDAY,SEPTEMBER 25,2002 <br /> SIBLEY TOWNSHIP HALL <br /> PRESENT: Cheri Seils,Marty Nelson,Karl Moon,Craig Nagel,Barb Sjoblad,Mark Hallen,Dennis <br /> Slayton,Mary Pfeiffer,Cathy Malecha <br /> PATRICK GROVES <br /> 117 120TH LANE N.W. <br /> COON RAPIDS MINNESOTA 56448 <br /> REQUEST: To allow dirt fill greater than the permitted 400 sq. ft by Crow Wing County after review by <br /> SWCD(After the fact variance) <br /> Staff notes by Dennis Slayton,Zoning Administrator for Sibley Township(included) <br /> Letters from Minnesota Department of Natural Resources,and SWCD(included) <br /> Mr.Groves stated: <br /> 1. He purchased the site even though he knew it was an undesirable site. <br /> 2. Did what he though was diligent. <br /> 3. Looked at wetlands maps at the DNR and this site was not stated at a Type 7 Wetlands. <br /> 4. Previous owner told him this was an acceptable process. <br /> 5. Felt he did not do any vegetation alteration. <br /> Jack Baldwin(father-in-law) <br /> "Did not realize this was a wetland. The area is a little deceptive when looking at the property. <br /> We knew it wasn't desirable land. I paid for some of the loads that were brought into this area." <br /> Dave Baldwin(brother-in-law) <br /> 1812 Lucille N. <br /> St.Cloud,Minnesota 56308 <br /> "The water fluctuates dramatically on Sibley Lake. Last spring it was up 4 ft from the OHW. <br /> Point is:I have a boat house which sometimes is under water therefore,I would be in violation. The <br /> controls which regulate the lowering and raising of the lake should be regulated on a regular basis. A <br /> reasonable person would not see that this area is a wetland. <br /> Karl Moon made a motion to deny the variance because of inappropriate use of property as defined in <br /> Sibley Township Comprehensive Plan and Zoning Ordinance with the following Findings of Fact. <br /> 1. Condition not causing alleged hardship,wetlands adjacent to lakes occur in various areas of <br /> the township. <br /> 2. The circumstances causing the alleged hardship was not caused by someone else,economic <br /> considerations alone shall not constitute an undue hardship if reasonable use for the property <br /> exists under the terms of the Ordinance. <br /> 3. The variance is not in harmony with the Sibley Land Use Plan and Ordinance,both attempt to <br /> protect wetlands. <br /> 4. Issuance of the variance would not maintain the essential character of the locality which is <br /> protected wetlands. <br /> Barbara Sjoblad,seconded the motion, <br /> Voice Vote-Cheri Seils deny,Marty Nelson deny,Karl Moon deny,Barb Sjoblad deny,Mark Hallen deny, <br /> All ayes,motion carried. <br /> Mark Hallen stated that restriction of the time frame could lead to not having the job of removal of all fill <br /> done properly. <br /> Keith Pohl stated that a Conservation Officer approval is needed for the removal of the fill. <br />