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SUMMARY OF PLANNING COMMISSION PROCEDURES (Minnesota Department of Revenue)

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SUMMARY OF PLANNING COMMISSION PROCEDURES
STEP 1. Request application and discuss circumstances with staff (see the following page for more
specific information).
App
lication Deadline: _______________________________________
Public Hearing Date: _______________________________________
County Board Date: _______________________________________
STEP 2. File application by the above noted deadline. An application includes the following:
a. A
completed application form with the required filing fee
b. A full, recordable property description (deed or abstract)
c. A complete site sketch listing all applicable distances, setbacks or other necessary
measurements
d. For shoreland requests, septic system certification is required. (Note: Noncompliant septic
systems are required to be upgraded regardless of the outcome of the planning commission
proceedings).
ST
EP 3. Processing (completed by the Environmental Services staff, with the exception of plats):
a. P
ublic hearing notice sent to the local paper and to the official County paper, the Cold Spring
Record
b. Notification of affected property owners:
-Plats - property owners within ½ mile
-Rezoning - property owners within ½ mile
-Conditional Use/Interim Use Permits - property owners within ¼ mile
c. Staff reviews application and generates a staff report
d. Mailing of information packets to the members of the Commission, and
e. Mailing of agenda and staff report to applicants
ST
EP 4. Planning Commission conducts hearings on plats, rezonings and conditional and interim use
permits on the third Thursday of the month unless otherwise stated.
I
t is recommended that the applicant(s) or their representative attend the hearing to answer any
questions the Commission may have. The Commission will base its decision on the information
presented and public testimony. Failure to have representation may result in the continuation of
the item to the next meeting.
A
ctions of the Planning Commission are as follows:
Plats are recommendations to the County Board, and will follow final plat requirements.
Rezonings are also recommendations and will be submitted to the County Board of
Commissioners generally one month after the Planning Commission meeting.
Conditional and interim use permits are also recommendations and will be submitted to the
County Board of Commissioners generally at their next meeting. Any item may be continued
or tabled by the Planning Commission. If the item is continued, the Planning Commission will
state when the item is continued to (either the next meeting or a specified date). There will be
no additional notification on continued items.
ST
EP 5. All conditional and interim use permits are recorded with the property deed in the County
Recorder’s Office. If the conditional use permit is denied, notice will be sent to the applicant(s)
via mail.
ST
EP 6. Once the proceedings for conditional and interim use permits are recorded, a copy will be sent to
the applicant(s) via mail.
Applicant
Parcel #
CONDITIONAL/INTERIM USE CHECKLIST
Completed Application with the signature of the property owner and applicant.
Fee $ ( )
Septic Certification (1) If the project is located in Shoreland Overlay District; or 2) If there is an
expansion of use of the building being served by the SSTS or a change in use of the property being
served by the SSTS either of which may impact the performance of the system).
Jurisdictional Determination Letter from Department of Labor and Industry is required for Places of
Public Accommodation.
Building plans, to include existing and proposed additions and structures, including views of the front,
rear, and sides of the project. Structures and facilities may be required to meet the Handicap
Accessibility Code portion of the State Building Code, Minnesota Rules, chapter 1341. Accessibly
review fee required. Cost to be determined based on project value. Project value $ .
Impervious lot coverage calculation worksheet or a certificate of survey showing the impervious lot
coverage calculation.
Proposed stormwater management and erosion control plan and fee, when required by Sections 7.10
and 7.25 of Zoning Ordinance #439. Fee $ ( )
Site plan with the following information. All information checked must be provided. The proposed
project shall be staked out prior to submitting the application to Environmental Services.
Location of all existing and proposed structures, their dimensions and setbacks from lot lines,
road, the ordinary high water level, septic system and other structures.
Existing and proposed driveway, access road (s), off-street parking & sidewalks.
Location of septic system with setbacks related to the request, any wells and, when relevant, the
location of neighboring wells.
Parking areas including number of spaces.
Sign location and dimensions-existing and proposed.
Outdoor Display Areas- existing and proposed.
Outdoor Storage Areas-existing and proposed.
Traffic circulation arrows.
Fencing and screening-existing and proposed.
Other:
CONDITIONAL USE PERMIT APPLICATION – (Major Shoreland Alteration)
Stearns County Environmental Services Department
Admin. Center Rm. 343 705 Courthouse Square St. Cloud, MN 56303
(320)656-3613 (800)450-0852 Fax (320)656-6484
A. Applicant Information
Applicant name (last, first, MI) Phone
Email
Applicant address
City/State/Zip
B. Project Location
Address of property affected
City/State/Zip
Parcel #
Lot, Block, Subdivision
¼ Section – Section –Twp - Range
C. Project Information
Waterbody name, number, & OHWL
Area of disturbed ground (in sq. feet or acres)
Volume of fill or excavation (in cubic yards)
TYPE OF WORK & AREA: (check all that apply)
Attach drawings & plans
(include all dimensions – ex: Length, width & depth of altered areas)
Construct
Excavate
Remove
Access path
Rip rap
Shoreline
Drain
Fill
Repair
Sand blanket
Retaining wall
Other
Will this project correct an existing erosion problem? YES NO
Project Purpose:
Type of Erosion/Sediment Control Proposed:
Sod
Hydroseed
Coir Log
Seed & Straw Mulch
Disc-anchored mulch
Erosion Control Blanket
Silt Fence
Other:________________
DATES: Proposed start of activity:
Proposed completion:
CONTRACTOR:
Licensed Contractor Self
Stearns County Septic Cert #
Contractor
Name:
License #
AGREEMENT: I hereby certify that I am the owner of the above property and that the information contained herein is correct. I agree to do the proposed work in
accordance with the ordinances of Stearns County, Minnesota and also in accordance with any additional provisions or conditions which may be attached to
the permit being applied for. Signature of this application authorizes Environmental Services Staff, Board of Adjustment, and/or Planning Commission members
and County Board of Commissioners to enter upon the property to perform needed inspections and review. All have county-issued badges. Entry may be without
prior notice.
Signature of Property Owner:
Date:
Application Fee
Permit #
Receipt #
Date of Receipt
☐ I have read the enclosed materials about practices to preserve / restore healthy shorelines to protect fish/wildlife habitat
and the quality of our lakes, streams, and wetlands.
click to sign
signature
click to edit
Site Plan
In the space below or on additional sheets please provide the following:
1. Length, height and proximity to waterbodies of all proposed retaining walls.
2. Length, width, depth and proximity to waterbodies of ALL areas to be topographically altered.
3. Cut/fill volumes and location of all disturbed areas
4. Location/type of all proposed erosion and sediment control practices.
Applicant __________________ CUP File# _________
Lot Coverage Calculation Worksheet
Lot coverage is limited to 25% of the total lot. The total may not be larger than the maximum coverage calculation
below. Please be advised that if you are over the lot coverage allowance, you must reduce your coverage or apply for a
variance before your proposed project will be permitted. Please calculate out all that apply to your situation. If an item
does not apply, please leave it blank.
Proposed Structure(s)
Length (ft)
Width (ft)
Total (ft
2
)
1.
2.
3.
Existing Structure(s)
House & Attached Garage
House Only
Detached Garage
Other Structures
*All sheds, utility buildings, dog
kennels, greenhouses, etc.
1.
2.
3.
4.
Deck(s)
Driveway/Parking Areas
*Asphalt, cement, gravel
Sidewalk, Patio, Paving Stones
Landscaping (plastic under rock)
Other
1.
2.
Total Coverage (ft
2
)
Lot Area (ft
2
):
X
25%
=
Maximum Coverage (ft
2
)
Lot Area: Calculate lot area by multiplying the length of the lot
times the width. However, if the length and width vary, as in the
example, take the average length and width:
Example
Average Width: 175’ + 186’= 361/2= 181’
Average Length: 226’ + 250’= 476/2= 238’
Lot Size: (W) 181’ * (L) 238’= 43,078 sq. ft
Lot Area: 43,078 square feet
Note: 1 Acre = 43,560 ft
2
250’
175’
226’
186’
Average Lot Width (ft):
Average Lot Length (ft):
Lot Area (sq. ft):
Or, if you know lot acreage, enter below:
X
4
3,560 sq. ft.
acres
Lot Square Feet
AFTER-THE-FACT FINDINGS
FOR A MAJOR SHORELAND ALTERATION PERMIT (CUP)
An after-the-fact application for a major shoreland alteration permit may be granted only upon finding that the
alteration wholly meets Stearns County shoreland alteration standards or the applicant undertakes such
additional steps as to wholly mitigate for damage and risk posed by the unpermitted alteration to shoreland
aesthetics and historic values, surrounding property values, erosion and sediment control, fish and wildlife
habitat, or creating direct and indirect impacts on water quality.
1.
Can the applicant sufficiently document that the alteration was done to protect water quality, improve
aesthetics, control erosion, or enhance habitat? Please describe the reasons the applicant made the
alteration and include documentation if available.
2.
Why did the applicant fail to obtain an alteration permit or comply with requirements before
commencing work?
3.
Did the applicant comply with all County and State standards relevant to the alteration, other
than obtaining the alteration permit? Identify the relevant standards and how the applicant
complied or failed to comply with the standards.
4.
Did the applicant obtain all other required permits and comply with other requirements?
Please identify all other required permits and whether the applicant obtained the permits.
5.
Is the alteration in a sensitive area (shore or bluff impact zone, wetland buffer, county
biological survey site or other documented high value habitat)? Identify and describe all
sensitive areas.
6.
Is the alteration visible from the lake or public water? Describe the degree to which the
alteration is visible.
7.
Does the alteration affect the character of the neighborhood or will it result in a substantial
detriment to neighboring properties? Describe all substantial changes and detriments.
8.
Did the alteration reduce or eliminate an existing buffer between the OHWL, water and
impervious surfaces, or create a more direct conduit for stormwater to flow into public waters?
Please describe the reason for the answer.
9.
Is the alteration a modification to a pre-existing alteration? If so, describe the pre-existing
alteration and the changes to it.
10.
Did the alteration change or damage any of the following categories? Describe the change or
damage for each category.
a)
Aesthetics of the shore as viewed from the public water?
b)
Character of the neighborhood or shoreline?
c)
Vegetative buffer?
d)
Erosion or sediment control device or system?
e)
Stormwater management device or system?
f)
Fish or wildlife habitat?
g)
Water quality?
11.
Can the damage or change be mitigated without removing the alteration and restoring the
site? Please explain how mitigation would occur and the results of the mitigation.
12.
Does the alteration pose risk, either by itself or based on potential cumulative impacts, to any
of the following categories?
a)
Aesthetics of the shore as viewed from the public water?
b)
Character of the neighborhood or shoreline?
c)
Vegetative buffer?
d)
Erosion or sediment control device or system?
e)
Stormwater management device or system?
f)
Fish or wildlife habitat?
g)
Water quality?
13.
Can the risk posed by the alteration be mitigated without removing the alteration and restoring
the site? Please explain for each category (question 12) how the risk could be mitigated.
Could the applicant have mitigated risk or damage by doing the project in a different manner?
Provide details below.
14.
Would the minimum benefits to the county appear to be far outweighed by the detriment the
applicant would suffer if forced to restore the alteration? Why or why not? Describe the
minimum benefits and details of the detriment to the applicant.
The Planning Commission should weigh and balance each of the elements when finding whether an
unpermitted shoreland alteration is in compliance, requires mitigation, or is subject to restoration.
Healthy Shorelines
What is a Shore Impact Zone?
The shore impact zone is land located between the waterbody and one-half of the structure setback.
This concept was created in the 1989 shoreland standards to maintain existing buffers, limit the number of buildings
placed in close proximity to the water, reduce soil erosion caused by construction or vegetation removal, and
preserve aesthetic values. It serves to buffer the water from more intensive land uses.
A proliferation of accessory structures (boathouses, fish houses, sheds, etc.) clutters shores and displaces natural
vegetation. Moreover, construction near the shoreline brings grading and lling activities and increases erosion.
In order to protect shoreland soils, vegetation and aesthetics, the Shore Impact Zone was designated to protect
important amenities of the lake while still allowing for access to the waterbody.
Vegetation Management in Shoreland Areas
The protection of natural vegetation in shoreland areas, especially along lakes and streambanks, is critical to
maintaining water quality and wildlife habitat. Good shoreland management requires the protection of natural
vegetation in shore impact zones, steep slopes and bluff areas.
Shoreland vegetation (native trees, shrubs, forbs, grasses) provides numerous ecological benefits including
• Minimizes the erosive impact of raindrops
• Holds soils and limits soil erosion from surface runoff, which is important since high velocity or concentrated
runoff volumes can readily erode soils
• Removes nutrients in runoff which would degrade water quality
• Binds and strengthens the soil column with deep, dense roots which prevent and reduce the likelihood of
bank or slope failure
• Provides diverse fish and wildlife habita
• Provides privacy and helps screen shoreland development
• Provides natural and aesthetic views
• Reduces erosion by protecting the banks against wave energy
Healthy Shorelines, February 2012 Page 1 of 2
What is a Healthy Shoreline?
A healthy shoreline supports a diverse community of sh and wildlife by
providing native vegetation that fulfills their habitat n eds where land and
water meet. Native vegetation provides important water quality functions
by slowing and filtering water runo f as it moves to the lake or stream.
Shorelines with a diverse mixture of native plants extending inland as
well as offshore of the bank are more resilient to wave and
ice erosion. Our lakes, streams and wetlands need healthy
shorelines to reduce runoff, filter pollutants, and prov de
important habitat functions that benefit fish and wildlif
structure setback
shore
impact
zone
So What’s the Problem?
There are many shorelines where the banks were long ago stripped of the native plant community, including trees and
shrubs, and converted to turf grass-type lawns. The loss of this vegetation encourages soil erosion and nutrients to ow directly to
the lake. As these practices spread around a lake, there are fewer areas left to treat runoff water and provide habitat. Studies
of Minnesota lakes have shown that the removal of natural vegetation near the shoreline reduces the amount of habitat available
to songbirds and amphibians and reduces sh-nesting. Many of these problems could be prevented or minimized if an area of
native plants is maintained or restored.
Shoreland ordinances allow a limited number of trees and shrubs to be cleared to accommodate stairways and access paths.
However, the applicable standard for such removal is that the screening of structures, vehicles or other facilities as viewed
from the water may not be substantially reduced. Dead or diseased vegetation can be removed although they may be important
for songbirds and other wildlife. Invasive species can be an overwhelming problem both on the shore and in the water. The
local zoning ofce or DNR area hydrologist should be contacted for guidance before proceeding with any lakeshore alterations
or removal of live vegetation.
• Protect the health of the vegetation growing on your property
.
• Invasive species tend to spread rapidly. Learn to identify the most common invasive species.
Invasives should be removed, but replanting native species may be needed to protect shorelines
from erosion.
• Use herbicides that are labeled for an aquatic site or use a more precise method of application,
like a wick applicator or a cotton glove over the top of a chemical resistant glove to apply the
product only to those plants you want to control.
• Leave vegetation in place to screen structures, vehicles or other facilities as viewed from the water.
• Consider leaving dead or diseased vegetation in place as they may be important for songbirds and
other wildlife.
• Most importantly, leave an area of native plants between the house and the shoreline area. Limit the removal of trees
and shrubs.
• If you have been mowing near the shoreline, simply discontinue that practice to allow growth of native plants or restore
and replant with native owers, shrubs or trees.
Contact the local Soil and Water Conservation District, DNR area hydrologist or your county zoning ofce to get assistance.
There are also a number of books and “on-line tools” (Restore Your Shore http://www.dnr.state.mn.us/restoreyourshore/in-
dex.html and Score Your Shore http://www.dnr.state.mn.us/scoreyourshore/index.html) and other literature available to help
you support shorelines that promote healthy lakes and streams and the biotic communities that depend on them.
Healthy Shorelines
DNR Information Center
Twin Cities: (651) 296-6157
Minnesota toll free: 1-888-646-6367
Telecommunication device for the deaf (TDD): (651) 296-5484
TDD toll free: 1-800-657-3929
Equal opportunity to participate in and benet from programs of the Minnesota
Department of Natural Resources is available regardless of race, color,
national origin, sex, sexual orientation, marital status, status with regard
to public assistance, age, or disability. Discrimination inquiries should be
sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN 55155-4049; or
the Equal Opportunity Ofce, Department of the Interior, Washington, DC
20240.
This information is available in an
alternative format on request.
© 2012 State of Minnesota, Department of Natural Resources
DNR Ecological and Water Resources
website and a listing of Area Hydrologists:
http://mndnr.gov/waters
DNR Ecological and Water Resources
500 Lafayette Road, Box 32
St. Paul, MN 55155
(651) 259-5100
DNR Contact Information
Healthy Shorelines, February 2012 Page 2 of 2
Glossary of Terms
Shore Impact Zone:land located between the waterbody and one-half of the structure setback
Bluff Impact Zone:bluff and land located within 20 feet from the top of a bluff
Steep Slopes:
land having an average slope greater than 12 percent
Runoff:
precipitation or snow melt, which is not intercepted by vegetation, absorbed in soil, or evaporated, that moves
over the land surface to streams, lakes, ditches, and depressions in the ground
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