00:00:10,270	All this month’s meeting to order. and uh we will start with a roll call. So Marla, if you could take us through that uh, slowly if you could. No, I’m joking. OK Comm Bitner Comm Connelly. Here Comm Jarrett. Here. Comm Munsen. Comm Patrick. Yeah. Comm Rich. Here. Comm Streifel here. Commissioners are off.

00:00:44,370	He and Chair Yes, here. We have a form Thank you very much And we’ll move into approval of the minutes from the last meeting from the October 8th, 2025 meeting. Are there any corrections? uh, there’s a motion to approve. OK. Uh, it has been moved and seconded to approve the minutes from the previous meeting in our packets.

00:01:07,330	Any, uh all in favor say aye Any opposition? Hearing none. Minutes are approved OK, we’ll move into the public comment portion of the meeting. So if there is any public comment that anyone would like to, um, anyone would like to bring up, you can approach Select turn and let us know who you are and uh have some public

00:01:29,800	comment. This uh public comment is restricted to Burleigh County residents and landowners. OK, seeing none, we will move on to the consent agenda. Is there, uh, anything in the consent agenda that anyone would like to dive into, uh, into detail. We just have the Kuntz subdivi subdivision on that consent agenda.

00:02:08,730	If not, I would, uh, entertain a motion to approve the consent agenda, so moved second. OK. It has been moved and seconded to approve the consent agenda uh, all in favor say aye. Aye. Any opposition? Hearing none, consented Juda is approved We will move into our public hearings for the evening. And we’ll start with the who’s subdivision.

00:02:37,630	and, uh, I think Marla Mitch is going to present that He is, OK. He had to run back to the office. No problem. We’ll just give them a couple of minutes to come on back down here. and then we will move into, uh, that, that public hearing. Hug the Jeopardy music, right G.

00:03:06,370	OK. You, you’re doing gay? I’m doing that. OK. Sounds great. Well, we will jump to the second public hearing, uh, 42, the Gauley subdivision and zoning change from A to R1. And uh Marla will take us through a couple of details of that, and then we will open up the public hearing to the public.

00:03:26,730	This is the Gauwley subdivision and it’s a zoning change, um, the petitioners are Lisa Trent Peterson, Engineering firm is Swensen Hagen, um, the location is track C of the Northwest 1 quarter, Section 6, Township 139 range 79. Um, the project is a one lot on 10 acres.

00:03:55,630	The zoning changes agricultural to rural single-family residential, and the petitioners are requesting approval of the final plaque and zoning change and get a due pass recommendation to the Board of County Commissioners. It was posted in the Bismarck Tribune on October 29th and November 5th, surrounding property owners were notified on October 30th in the Burleigh County website posted it on October 31st.

00:04:22,800	Burleigh County was approached about building a home on a lot containing 10 acres because the lot is less than 40 acres. The petitioner was advised to plait the parcel into a subdivision Swenson and Hagen Company, met with the review committee regarding the preliminary plat, the review committee did not have any concerns.

00:04:43,630	The Burleigh County staff also recommended the petitioner apply for a zoning change from a agricultural to R1 Ruural single family residential because of the size of the lot will be less than 10 acres, just less than 10 acres. Um, the preliminary plat was approved by the Planning and Zoning Commission on October 8th of 2025.

00:05:08,630	Staff findings, let me put up the drawing first. OK. Um, this subdivision meets the requirements of Article 33 of the Burleigh County Zoning Ordinances. The final plot has been submitted to all reviewing entities, all concerns and corrections will be addressed. Uh, there’s just one minor concern.

00:05:40,730	Um, the zoning is a agricultural and the zoning changed to R1 has been requested, and the subdivision meets the requirements of the Burleigh County Comprehensive Plan, Article 3, residential neighborhoods, Objectives 1 and 2, and a stormwater stormwater management plan waiver was submitted September 17th. Um, for the zoning change, the proposed parcel meets the requirements of Article 12 R1 Ru residential districts.

00:06:11,330	The parcel is in a low density residential and limited agricultural area. The surrounding property or area surrounding properties are zoned Northside Agricultural. Southside Agricultural. West is agricultural, and on the east, it’s our one rural residential. It’s by the Country Creek 3rd and 5th subdivisions.

00:06:39,100	Um, the petition for the final plat meets all the administrative requirements of the Burleigh County Zoning Ordinances, Article 33, Staff recommends approval of the final plat and a due pass recommendation and the petition for the zoning change meets all the administrative requirements of the Burleigh County Zoning Ordinance, Article 12, Staff recommends approval, and I do pass recommendation.

00:07:02,970	So you can prove the final platin zoning change and give a due pass or approve the final platinum zoning change with conditions and give a due pass after they have been met. Deny the final plot and zoning change with reason. are tabled the final plat and zoning change for more information.

00:07:20,630	And that is all I have OK, are there any questions for Marla? Yes, uh, Comm Rich. Yeah, Mr. Chair Marlo, I’m looking at page 2 and it says building a home on a lot containing 10 acres, and then the next paragraph resident because the size of the lot will be less than 10

00:07:37,900	acres. Yeah. It’s about 10 acres or. Well, it is 10 acres, but they’re going to take some rightaways in eastern side of it so it’s gonna be just under 10. Slightly. And then the zoning ordinances say that anything under 40 acres has to be plotted. We just suggested the zoning change. They probably could have stayed a agricultural.

00:07:59,530	This is so. OK. Uh, and, yeah, so Comm Streifel, while you’re there, Martha, could you or Marla sorry. That’s all right. Could you, uh, elaborate on the minor concern? Um, just the, um, stormwater management plan waiver. is the one thing that I was looking for. Is it. But It’s been submitted. It’s submitted, not approved. Right. OK.

00:08:24,100	Unless it’s approved, it’s submitted. It’s approved. So now there’s no problems. OK. Thank you. Any other questions from Marlo before we open the public hearing? OK, seeing, seeing none, thank you, Marlo. We will open the public hearing for the Galli subdivision and zoning change from A to R1.

00:08:46,530	Uh, if you’d like to speak at this, uh, hearing, please approach the lectern, sign in, tell us who you are and where you’re from. Thank you, Lannimmilller of Swinson Hagen Engineering representing.

00:09:03,170	Uh, yeah, I just add a little bit to, to what Marlon had or maybe just the clarification, and the entirety of the parcel is 10 acres, uh, but with that dedication of, of just 20 ft for the constructor Ronald Road, which already exists, uh, gets us just under that 10 acre mark.

00:09:18,730	Um, additionally, with a, with a 10 acre parcel number Bur kind of there’s some ambiguity as to what can be constructed on a 10 acre lot, even if it’s agriculturally zoned, and you know some of your, your income should be actually from farming rather than just a single family home out there, so the zoning changed to R1 makes sense for, for this property, but I can certainly answer any questions if you have them. Any questions from anyone? Seeing none. Thank you. Thank you.

00:09:35,070	If anyone else would like to speak at this public hearing for the Gauy subdivision in zoning change, please approach lectern. Tell us who we are where you’re from and sign in. Anyone else like to speak at this public hearing? And a third time, if anyone would like to speak at this public hearing, please approach the lectern.

00:09:57,470	OK. Seeing, uh, no other uh interested parties, uh, we will move in, we will close the public hearing and move into act discussion and action on this public hearing for the Galy subdivision and zoning change. Move to approve the final platin zoning change as presented with a due pass recommendation to the board of Burleigh County Commissioners.

00:10:23,700	OK, it has been, uh, moved to approve or uh move to recommend approval to the County Commission for the Galley subdivision and zoning change by Comm Zuroff, seconded by Comm Rich. Is there any discussion on the motion? OK, seeing none, we’ll move into a roll call vote. So Marla, if you could take us through that.

00:10:47,170	OK, and the motion is to approve the Galley subdivision and zoning change and give a due past recommendation. Um, Comm Connelly. Yes. Comm Zuroff Yes Comm Jarrett. Yes. Comm Streifelh? Yes. Comm Patrick? Comm Rich. Chair. Yes. All approved OK.

00:11:22,470	The Gauley subdivision and zoning change from A to R1 is approved or is, is sent to the county Commission with a recommendation of approval. OK, now we will go to the uh Hughes subdivision, uh, public hearing, and Mitch, if you could take us through this one. Uh, give us a little introduction to it, and then we’ll open the public hearing. Good good evening, Mister Chair and Commissioners.

00:11:58,630	Uh, first, uh, well, I’ll be second up, no, sorry, uh, is the Hughes final subdivision? This is a lot that’s located at 11:09 Lakeview Drive in your packets or site plans, the location plans. Um it’s in, uh, Apple Creek Township. uh, and it’s a combination of three lots into one.

00:12:25,370	The paving waver is not required for this plat. Stormwater management plan was approved. Apple Creek Township has recommended approval of the plat. They reviewed it Uh, 6 revisions of this to this plot were made to, to uh reach Article 33 ordinances. Um it’s fairly simple um project is in your package is that location plan.

00:13:02,170	some, uh, late um um comments have been reached, we reached our office yesterday and so it’s um the lot to the West end of the proposed latte. is still part of the country view estates. and um developer is here. I’m sure he’ll, he’ll make comments on that.

00:13:34,800	um so it’s um it was fairly straightforward until then, so now it’s the question is, can you remove an existing lot out of an existing subdivision. Centricode says you can Sentry said Sentry code says if everyone owns a, if, if that is all privately owned, they can vacate the entire subdivision. But there are are other some mitigating concerns.

00:14:03,070	of the development around this subdivision. and I’m sure that the developer um would want to talk about that, and you can open up the public hearing, um. it was straightforward until then The owner owner combined these lots specifically so he can build uh, um, a horse barn, a large one. so because of this got 13 acres there.

00:14:31,430	and um we have not heard any concerns from anyone else. Um. so that’s the, the history of this. Any questions or comments for Mitch? I think, uh, Comm Zur off. You were first. Yeah, uh, Mr. Verlagan soul just cruising through uh the comments that were received from Mr.

00:14:56,500	Mariner regarding this, um, you know, one thing that he mentioned in here is, uh, they have a master plan for Country View estates, um, does that, does this outside of the one lot on the West side, do these other two lots that are going to combined in with that or, I mean, is this whole area part of the

00:15:18,430	master plan, how do I guess how does, how does this fit in with the master plan. taking, I’m gonna say like lot lines out of consideration, but overall layout and use. I haven’t seen the master plan, Mr. Sher, sorry, Mr.

00:15:36,730	Chair, Comm, uh, Zuroff, I haven’t seen the master plan. I did ask, I had talked to uh developer tonight, and he says he can provide a copy of it. I don’t believe that these lots, the ones that were not part of the subdivision or in the master plan. I think they own the property to the north, and they intend to develop that.

00:15:53,530	and so, uh, I’m not sure. He, he, I’m sure he can speak for himself on that. All right, uh, Comm Connelly, you had something? Without vacating that lot? Are they not able to build the building that there is Well, I would reduce it by 2 acres. Um, he’d be down to 11 acres.

00:16:14,100	They, they could still build it, but it’s um I I think it, that’s not part of their plan. They want all three lots to be combined into one. OK. Yeah I just wanted to know if it’s like it was a no deal if that was a vacated.

00:16:32,000	I’m not sure maybe the owner will come up and talk about it, um, but are the or the uh surveyor. is here too as well. OK. Thank you. Uh, yes, Comm Sreiffel.

00:16:51,900	Uh, Mitch, could you condense the North Dakota entry code that you’re referring to? or do you have, do you have it in front of you? Uh, it’s in Title 40, uh, Section 50-1 through 16. This is regarding platting after the sales. Any other, uh, questions or comments for Mitch before we open the public hearing. Comm Rich, Mr. Chair, uh, Mitch Well, they want to subdivide these lots into 3, I guess. No, they want to combine.

00:17:20,800	Combine the two, OK. It’s a lot combination. let’s say they don’t combine the two, can they still get a, a variance to build this horse arena across two lots. I mean, I. Well, uh if they built across the Lo La Root House in La Platt. Um, it doesn’t automatically combine the lots like City of Bismarck does.

00:17:45,730	um, so we’d have to ask them to plant it, but um, it may reduce the size of of the building that he wants. by the 12 acre or 2 acres. All right. Any other questions or comments for Mitch before we open the public hearing. Seeing none. Thank you, Mitchitch.

00:18:08,630	OK, we will open the public hearing for the Hughes subdivision and uh if anyone would like to speak uh at this public hearing, please approach lectern. Tell us who you are, where you’re from, and sign in. Hi My name is Steve Mariner, and I’m one of the, um, Country View subdivision.

00:18:36,900	um, owners, and we do have a master plan and we would have moved forward with that master plan, but we needed a secondis cause at the time that got taken away. If we go back on record and see what happened. And now we do have the second axis, but the whole thing was master planned out.

00:18:54,530	and we don’t feel it’s right to pull a lot from our subdivision. cause we have covenants, restrictions, all that, set in place. And that’s just my take on it. I’ll uh. as far as centry quote all that, I think I’m not sure how that actually plays out, so.

00:19:19,630	And if he doesn’t need to pull one of our existing subdivision lots from there because that’s part of our covenants and restrictions, we prefer that not not happen, so. I don’t know if you have any questions of me. Any questions for uh Steve? Uh yeah, Comm Zuroff, yes.

00:19:40,970	Back on my question for Mitch, the use of having horse barn arena, Vinton stuff, I mean, how does that? play into your covenants that you have. Well, they’re not allowed and they’re on ours. OK. Um and I hadn’t seen the plan.

00:20:02,370	I don’t know what he plans to do, so I’d, if we could table it, I’m not saying that I still don’t feel a lot should be taken away unless it’s going to follow. Because them two lots, M Mitch, were part of the master plan. OK. So, the ones actually in the subdivision, and he’s trying to take it out of our subdivision and put it in a new subdivision.

00:20:18,970	So I think there’s a lot more that we should learn. Uh. And then just are those covenants, uh, filed against the properties but like, cause I know you guys have the landowners when they purchase a property sign off on the covenants, but were those actually recorded with the county recorder’s office I guess a property, yeah.

00:20:45,000	Then, uh, Steve, you had mentioned something about a, a second axis. Can you elaborate on that a little bit? The only reason I brought that up is because we couldn’t continue. Otherwise, we’d already be continued. That’s why we stopped. Oh, yeah.

00:21:02,170	Because at that time, you could only go so many feet or so many lots. With one axis, so. Um. We’ve been waiting on that, um, OK. subdivision to go further and we finally got other property to have the second access now, so. But, and when, when you say go farther, is that, you mean to the, I guess what would be the east.

00:21:20,870	Um, there’s a map up here, but the whole 213 acres that’s left was all master plan designed. OK Yeah, and this the two lots including were part of that, so there’s a, there’s a long history on that. OK. A new owners bought the home. Maybe he’s not aware of all the history either.

00:21:42,800	I don’t know, so, OK. OK. Uh, any other questions or comments for Steve? Yeah, Comm Richch. Mr. Chair, Mr. Mariner, in your email you said, we will not allow the 40 ft axis easement on our land.

00:21:59,800	It’s, this is our personal property, but there’s a road that runs along the edge of the property? Why would they need an easement? Well, we built the road in there to continue the development, and then when the commission pulled away the second axis from us. We never finished developing it until we got the second axis.

00:22:14,870	the property, so it’s hard to kind of explain without a map and going through the history of it, so. But he’s able to use the road currently to access lots. No, if you do, if you look back, the only way you could access that lot is he had to buy that lot that was in our subdivision. Hm. And put an approach in there.

00:22:30,170	I don’t know if you guys have a Google Earth overview or anything? Yeah. Yeah, we’ve got it. So, that, actually, in order to get a building permit, the Guy who built the house had to buy one of our lots and access off that lot to bit permit to build that house.

00:22:45,170	So, the. So, it’s this. It’s going to be hard to go over the whole history on it. And the short amount of time without being Be prepared. Otherwise, yeah, we’re, we’re just looking to understand, um.

00:23:01,730	So, any other questions or comments for Steve? I mean, essentially what they’re looking to do is pla and easement that is not, Comm Patrick. One of your, what, what covenants will be violated on your, I, I just asked Marlo, the colonists have been filed, so. Um-hum.

00:23:23,170	Um, so they are enforceable, but uh, which ones would they violate? I haven’t had time to look through it all, but I think we have restrictions on, I think probably my biggest thing is, is, um, there was an agreement between the Guy who built the house. that them two lots would become part of Country View subdivision as it, and he wouldn’t oppose as it continued on.

00:23:41,270	and um, then the county made himul, you know, buy a different lot inside the subdivision existing from us since the second axis went away. This is a long story, but we were gonna, we can, we built the road and we were going to continue, but then they pulled their second axis that we had, so we couldn’t continue.

00:23:56,230	But they, what they did is they allowed him to, to, to buy them two parcels from us. but he had to buy one of our lots to the West, that one he wants to pull away, for his axis. That got him his access. That got him his MDU gas, water, all them things, so.

00:24:14,370	that’s, that’s the way the commission did it back then. So Any other questions, any other questions or comments for Steve? Steve Nunn, thank you, Steve. You’re welcome. Thank you. All right, if anyone else would like to uh speak. It looks like we have our next speaker. Please, uh, introduce yourself. Tell us where you’re from and sign in.

00:24:37,900	Let me see. do one thing first. OK. Hi, uh, good evening, Chair and Commissioners. My name is Amber Hughes, and, um, I am one of the owners along with my uh husband, and so we are.

00:25:20,630	just we’re basically doing what we were told by the township, so we could build the horse arena and that um we purchased the land in December of 2016. Um, it was a foreclosure, so we are not the people who built the house. We bought it, um, and we specifically bought this property, um, because we knew the first acre, um.

00:25:46,800	our acre and a half, I’m not sure how much it is, but the first one, is part of the subdivision, which, um, Mr. Mariner is correct on, and it does have covenants, but the reason we bought the property is because the other 5.

00:26:09,170	something acres, um, the there’s the other two lots, those we were allowed to have horses, and that’s the whole reason we, we would have never bought it if I couldn’t have horses. Um, and so now we’re all we wanna do is just build an arena so I can ride in the winter time.

00:26:27,900	Um, and so we were, we went to the township, um, to get permission to build and they said that we need to, to combine and relot the land, and that’s how we went down the journey. We have approval to build. We are not opposing their subdivi subdivision or anything we do not need the, I call it the Farmers Road. that road, that’s the farmer uses it when he farms the land. We have our driveway, so we’re not. opposing their subdivision.

00:26:56,100	They did, you know, purchase the, uh farmer to the west of the subdivision, um, I think Stolberger, I can’t remember his name, but they purchased 80 acres there, so yes, they do now have a 2nd easement or Eastman, uh, a second access to continue their subdivision, but we’re not opposing their subdivision at all. We just want to build a writing arena. That’s it.

00:27:22,370	On, on the map, can you just point to where you’re planning on putting this horse arena? Yes, it’s going to be on, in the back property, um on the east side, if you see my finger. So here So right off the back of the house? Yeah.

00:27:44,170	OK, so on the, basically on the east side of the property. Yeah. OK. Not, not in the subdivision, and we did um collect uh signatures and everything for from our neighbors um, and, um, asked, and we had asked them, you know, before we even began the journey, but when we heard there was opposition against the replatting.

00:28:10,900	We asked them if they were OK with it are opposed to it, because you know, we. don’t want to upset our neighbors either. And everybody was totally fine with it. and, and just approximation, how big is this? How big is the riding arena? I don’t, I don’t know. I don’t know. He can answer that.

00:28:28,500	That’s told him what I want. I don’t know. OK. Uh, yeah, and so, uh, anything else for, uh, Yeah. Uh, anything else for Amber? Um while she’s up here? Are you, do you need a do you need a Yeah, he can, he can speak later. Yeah, we’ll, no, and that, and that’s it. I mean you guys had specific questions.

00:28:46,800	Did you guys get all your questions answered? OK. Yeah, so we really that’s, that’s it. Any questions for Amber before she steps away? Uh, Comm Rich, yeah, yeah, Mr. Chair Amber.

00:29:03,730	So you want to build this on a land that is not part of the subdivision, even though you have a lot that is part of the subdivision. Yes, the, the first acre, how it was explained by our Retor and the bank that we bought the properties from was we, um the 10, that they’re basically 2 5.something um lots. Those were not part of the subdivision. They’re zoned. They’re zoned to agricultural.

00:29:32,070	They, they’re like different zoning and everything, so we could have land and all of that. We did not know about any master planning for a development but we didn’t know about any of that when we, um, when we bought. this.

00:29:50,370	So, but that’s not what we’re here, that we’re not opposing that at all. We just want to build on our property. Any other questions, comments for Amber? Yeah, go ahead, Comm Streifel. Uh, Chair, Amber.

00:30:11,530	Uh, is this just a, an arena or does it include a building like a no, it’s just, it’s just an, uh, uh indoor riding arena, um, and it has uh also like a lean-to, so I can have my uh stalls inside. for the horses, and it’s not, and it’s not for commercial or like not boarding. It’s just for private, it’s just for us and our kids, like ride and everything. So it’s just for our family. That’s it.

00:30:29,870	So it’s an existing building that you’re no, nothing you’re going to build a building. The only building in currently on there is the house, and, and yeah, and to build the building the size we want and everything we hate we have to combine everything, and that’s the only reason we want to combine it. That’s it.

00:30:50,100	And we don’t plan on really doing anything to the first sacre. I just planted trees. That’s all I did on it. So. Any, uh, any other questions or comments for Amber? Seeing none, thank you, E. OK, thank you. Quick question before he gets started. Oh, Mitch isn’t here. So. He’s here. He’s over here.

00:31:23,600	Uh, what is the Aloba lot coverage? The oh boy. Uh, the, the two acre lot is 3400 square feet. If you took that out of it Right, but the other, the other two lots based on their zoning. It’s oh boy.

00:31:49,270	Cause we’re talking about, I’m going to say it, I mean, not a lot of acreage, but I mean, when it comes to residential house, I mean 13, 3, yeah, 13 so a fair amount of acreage. because really what I’m trying to just so everybody’s aware where my brain is at is.

00:32:11,730	Wald that last lot off on the west side if, if possible, if they can get the size of arena that they want built, they can still combine the two. larger lots, still have 11-ish acres that’ll be up for Mr. Isaacs to determine. that, but I mean. lob it off and it kind of becomes a nothing bug at that point. Go ahead, Mitch, yeah. The, uh, 13 acres allows 202,622,600.

00:32:38,370	and the two acres, what did I say 3400 square feet. So it reduce it by about, uh, down to 1818 to 0, no. 19,200. Uh, yeah, because it’s 22. 6 for the. What’s the footprint of the house? That’s not included. That’s not included. No.

00:32:55,430	This, this is accession. They can do up, up to 19,200 on the remaining two. Yeah. If you took the two out and left it at whatever 9 acres or yeah. OK, thank you, Mitch Look, I’m Cordon Hughes. I’m one of the other property owners. Um yeah, to answer the more specific questions.

00:33:15,230	part of the reason we were trying to combine all these lots is to maximize the accessory building square footage. OK. As recommended by the township. Um, the type of writing our family does is called raining, and unfortunately that needs a fairly long distance indoor arena just because there’s long rundowns and stops.

00:33:33,370	Um, and so kind of the size we were shooting for was 100 by 200 of the actual indoor riding arena. And then we’re going to use the extra square footage, basically for the lean to installs, for the, the horses. Um reducing it would make that more difficult.

00:33:49,970	I mean, we might be able to, we might still be able to get a va variance through Apple Creek, but that’s, you know, the concern. OK. Uh, yeah, any other, any questions or comments for, uh, C C Coron or Corbin? Corery works like. Cory Cory? OK. Chair. Yes, go ahead. OK.

00:34:09,000	So, yeah, so 100 by 200 is 20,000 square feet plus, then you’re probably looking to put in an additional 2600 square foot lean to essentially, yeah, that was kind of what we were shooting for. Max out what you got, right? Basically, yeah, yeah. All right. Any other questions, comments for Corey, before he steps away.

00:34:34,900	anyone? Thank you OK I ship Brian Brandon shook, and Burley County resident. I don’t really have a stake in this, but I, I see what you guys are looking at, and I think you guys allow this and you’re going down a slippery slope because then I can just go by 3 or 4 lots in a subdivision and buy the property behind it and make the subdivision disappear.

00:34:52,370	So I guess that’s my only comment. OK. Uh, any questions or comments? Seeing none. Thank you If anyone else would like to speak in this, uh, public hearing on the Hughes subdivision. Uh, please approach the lectern, tell us who you are, where you’re from, and sign in.

00:35:28,630	Anyone else like to speak in this public hearing? Good evening, Comm. Mark Isaacs with Independent Land Surveying Engineering, uh, just for information only, um that picture is the picture of the two auditors’ lot that exist, um, so those are, um, not platted lots. They are. uh, pots of irregular descriptions that would need to be plotted. uh, as part of this.

00:36:07,000	And then you can see the that’s actually 1.5 acres is lot 2. This is what is in the existing subdivision. So just for clarification some of that information is on the platform, but you’re small copy, it’s very hard to read, so I thought I would just show that tour clarity and answer any questions that you might have.

00:36:30,600	OK? Any, uh, questions, comments for Mark? Seeing none, thank you, Mark Anyone, anyone else would like to speak in this public hearing on the Hughes subdivision. Please, please approach lectern. Let us know who you are, where you’re from, and sign in. Anyone else And a third time anyone liked to speak at this public hearing.

00:36:56,230	OK, seeing, uh seeing none, is there any reason that we would need to continue this public hearing before we close it. I have something Uh, yes, Marla. OK, um, I did some research on this, um, today because they had mentioned an agreement with the previous owner, about the lot.

00:37:23,430	Um, I couldn’t find anything that was recorded, um, I did find all the mortgages, there was nothing in either the original mortgage or the ones that they took out when they purchased this property that forbid them.

00:37:46,900	to combine that lot into their subdivision, the agreement that they had with the previous owner, but it was not recorded. There was nothing recorded. Um, to say that that agreement, so it wouldn’t have come up in a title search when they purchased the property, that that was in there, but the mortgage does say separate properties, the La and block, and then the two auditor slots

00:38:07,730	and then all and that’s how they purchased them. OK. So, I don’t know if that matters, but I did look to see if there was an agreement and there was nothing recorded. OK. Thank you, Marla Is there any reason that we need to continue this public hearing. Chair, I guess I would just, I’m really interested.

00:38:28,530	You mentioned, was it Chapter 40 in North Dakota Century Code, uh, 50-12-16. Yeah. What is 50 What What is 50 Title 50, yeah. OK. What exactly is the verbiage that allows separation on that. Um, it just a vacation of lattes before and after sale allots.

00:39:03,430	before the sale, lots of plaid any kind of part of the platter or subdivisional land or a town site may be vacated by the property proprietors by a written statement, instrument declaring the plat to be vacated. bas basically another plat.

00:39:24,630	um and it goes on 02 is if lots have been sold, a plat or any part of a plat may be vacated by all the owners of the lots in the Platt joining at the signing of the instrument. Joining at the final, a new subdivision platform you’re basically vacating it with another plat. That’s um I’m not an attorney but that’s the way it reads Uh, Mr. Chair, my recommendation would be to table this.

00:39:46,430	and, and have an opportunity for the proper uh the developer to provide a site, a master site plan. so that we can look at the whole picture. of how this may affect the design of that uh master plan. I don’t, you know, I’m not saying it will. I’m not a proponent of either side.

00:40:12,100	I’m just saying that um the chief important reason of planning is to prevent future problems. Mhm OK, uh, thank you, Mitch. Uh, yeah, we would, uh, just, uh, uh, kind of a point of procedure, we would end up having to continue, uh, we’d have to move a continuance, not a, uh, not a tabling, so, uh, yes, uh Comm Streifel.

00:40:29,730	Mitch, do you happen to know, um, when that’s 80 acres was purchased for the second access. Do you do you have information as to when that happened? 2022 Any other comments or action Uh, I if there’s no other comments, uh, I guess I would, I would entertain a motion to continue this, uh, this public hearing,

00:41:01,800	Chair, uh, consider that so moved and I guess the only comment with that is, well, one, I will say I think this kind of came on abruptly, I don’t know that the owner and the developer of the Replatted subdivision current subdivision to the west of them have necessarily had a chance to discuss things.

00:41:24,730	Um, I think that would probably be prudent, uh, on their part to sit down and um. see if there’s an agreement that they can come to on the side, uh, to allow them to do the Hughes to do what they would like and make sure that whatever mariners are planning with countryside doesn’t necessarily get

00:41:46,530	you know, a bunch of stuff thrown in the gears on that, but two, I also think, uh, Mitch, I mean, kind of said it himself, he’s not an attorney. I don’t think this would be a bad idea to have the state’s attorney just verify the opinion on Centricode So that’s the reasoning.

00:42:04,870	Consider a continuance of this, uh, uh, public hearing, so moved. OK. OK. Uh, it has been moved by Comm Zuroff, seconded by, we’ll say, Comm Patrick, uh, to continue this public hearing till our next meeting.

00:42:38,970	Is there any discussion on the motion? OK? Seeing none, uh, we’ll move into, uh, uh, all in favor of continuing this uh to next meeting, uh, say aye. I any opposition? OK. We will take this public hearing up at our next meeting. We will move into our next public hearing of the, of the evening. The Ketterling special use.

00:43:04,530	So Mitch, if you could take us through some or is Mitch taking this one? Take us through uh a couple of details of that, and then we’ll, we will, uh, open the public hearing. Right. Uh, Mr. Chair, Comm, um the staff was, uh, met with Keith Kettling earlier this, um, last month regarding a building a uh building a 64 ft by 120 ft.

00:43:27,000	of uh for winter riding arenas for personal use. Currently, the Burleigh County zoning allows 4% lot coverage for all accessory buildings. and the uh so the, uh, she has, I have a side land here, mom. Uh, the square foot allowance, uh, to, uh, 4 4.21 acres is um is approximately 77,333.5 ft allowed. The proposed building is 7680.

00:44:15,630	on the uh the lot lot exhibit you’ll see an existing uh 40 by 40 accessory building which would add 1600 ft to that. So you have 70, 680. plus or 7335 plus uh 169,280, um, 7,335 equals uh uh variants of 91,944.5 ft. Um. that’s basically it in a nutshell.

00:44:48,170	We haven’t heard any complaints or any comments from neighbors. They were sent out. Marley sent out the notifications. Yes. And we didn’t hear a reply from anybody, so. that’s, uh, drew that on there. It’s not scaled, but it’s fairly close. to the size of what it would be and and pretty close to the location.

00:45:07,870	And Mitch, you said the, uh, I didn’t catch it, the, uh, the, the, the difference between what it’s allowed and what is being asked for, or what is being planned to be built. What is the what is allowed is 7,335. Yep. OK Thank you. Uh, any questions or comments for Mitch? Uh yeah, Comm Patrick.

00:45:37,800	Was there any use stated for this bill, uh, indoor riding arena. And that’s, that’s all it’s gonna be? For winter riding, yeah for horses. I think the owner here, yeah, the, the, I’m sure they’ll want to talk. Yeah. OK. Any other questions for Mitch before, uh, we, he steps away and we open the public hearing.

00:46:01,800	See you in none. Thanks, Mitch All right, we will open the public hearing on the Ketterling special use. As to introduce yourself, tell us where you’re from and sign. Good evening, Comm. My name is Keith Kat Erling. I’m here with my, with my wife, Jan.

00:46:18,970	She’s the one with the equine addiction in our family, but, uh, my wife and I have shown horses for approximately 40 years, and it’s been her wish to always have an indoor arena. So the reason for us to go ahead with this now at this point.

00:46:36,100	uh, the arena, as you can see from the description is 64 by 120. The size of that is needed for the events that she does write in the English, the Huntsy Equation, that type of thing. So that’s the reason for the excess there. uh for the, uh, excuse me here, Marlo, uh anyway, lost my train of thought here.

00:46:56,800	But the, the, uh, back to the neighbors as far as any, you know, anyone that’s been a concern. We’ve contacted 9 of the neighbors in our cul-de-sac, out there, I shouldn’t say cul-de-sac in our lookout neighborhood down there. All, several have had questions, you know, which we answered, I think I’ve answered sufficiently for them.

00:47:16,000	And uh they’ve all been very supportive of the facility. It’s not going to require any additional util ities We may put power to it at that point. Uh, at some point down the road, but, uh. no nothing extra.

00:47:35,800	I mean, no extra approaches, uh, it, it, it’ll be cosmetically matching with the rest of our facilities or buildings on the place, uh, you know, white with a green roof, which is, which is, uh, which would match everything else that we have on our property. um any questions from the commission that I can answer.

00:47:52,470	Uh, we have two show horses, uh, you know, there’s not going to be, and it’s for private use only. This is for ourselves, our family, and for our grandchildren. So it’s the only reason that be, you know, what it’ll be used for, so. Question? Uh, just a quick question.

00:48:08,370	Is there, um, I guess what would be the, the reasoning that I think I understand it, uh, that you wouldn’t be able to build a building that is 7,335 square feet. Well, that is, that is a total and, and I guess to clarify one thing on there, I guess the existing structure that we have there needs to be subtracted from that 7,335 square feet.

00:48:27,530	That’s the reason for the additional length that we’re requesting now. Uh, again, back to the show classes that my wife is in, the English, the Hansi, these are big horses. These are 1617 hand horses.

00:48:47,330	They need that long stretch, that long stride, uh, the indoor arena, which gave us to utilize it in the wintertime, you know, these horses need to get 3 to 4 months before this season, North Dakota Quarter Association, the show a start about the middle of April, and you need at least 3 or 4 months of time ahead of time, so giving North Dakota, you know that we need to, it’s a little difficult to do anything

00:49:04,470	outside in February, March, and April. So another reason for us to, you know, to request, uh the special use permit for this, so. so, any other questions or comments for Keith? 00, Merla, sorry. Yes. I can explain that. Yeah.

00:49:34,270	Um, the 4% law coverage when I took his lots size, he was allowed to have 7,335 ft square feet of building. accessory buildings on his lot. He already has a 40 by 40, so I subtracted the 1600 square feet from the 7,335, which remaining allowable was 5,735 and the building he would like to build is 7680 square feet, so it’s a difference of 1,944.

00:50:11,230	5 square feet is what he ’ s asking, really asking for the special use for that additional close to 2000 square feet. Got you. So, uh, and yes, uh, Comm, Marla, if I’m looking at the numbers right here, even if you would take down the existing 1600 square foot building.

00:50:34,370	He’s this one building is still about 300-ish square feet larger than what’s even allowed. Yes And that’s why he’s requesting a special use permit. and it will be located in the back part of his slot. And, and this is a, a takedown or replace, not an add-on, right? This, this is an add-on building. Oh, this is new, new construction facility, yes, but stand alone, OK. Yes, yes. Got you.

00:50:57,000	Any other questions for Keith? Seeing none. Thanks, Keith. OK, thank you. All right, if anyone else would like to speak in, in this, uh, public hearing of the Ketterling Special use, uh, please approach the lectern, tell us who you are, where you’re from, and sign in.

00:51:19,970	Anyone else like to speak in this public hearing? And last call for anyone who would like to speak in the public hearing for the Ketterling Special use. Is there any reason to continue this, uh, that anyone knows of to continue this public hearing. Seeing none, we will close the public hearing and move into discussion and action on it.

00:51:40,270	Yes, Comm Richard Chair, I, I move, we approved the special use permit and give a due pass recommendation to the Burleigh County Commission. OK, it has been, uh, moved to, uh, moved for approval of the Ketterling Special use, uh, by Comm Rich, seconded by Comm Sreifel.

00:52:00,530	Uh, is there any discussion on the motion? Yes, Comm Z off. Kate, not to be the negative Nancy of the group here, but so right now with this, the allowable the allowable building accessory building square footage on the lot is 7,335 and a half square feet, uh, with the construction of this, we’re looking at the allowing them to have, uh, 9280, so 9280 minus 7335.5.

00:52:40,100	I’d to buy that 7 335.5. This is effectively 26.5% more coverage on this lot, uh, then what is currently allowed? We’re not talking a 5% difference. We’re not talking a 10% difference.

00:53:05,800	We’re talking a very, very substantial difference, uh, almost 2000 square feet, uh, and the reason why a lot of those allowances are allowed in the zoning regulations are due to fire. OK, fire code, all that stuff. I fully empathize and I completely understand that their current intent of this facility is to be aular. Fast forward 1015, 20 years down the road, it’s not a horse arena anymore.

00:53:30,730	It’s a big giant storage facility that somebody else purchases and packs full of everything and anything under the sun. and then starts on fire OK What kind of risk does that put the neighbors in? What kind of risk does that put our local fire EMS in.

00:53:53,730	all that stuff, OK? That’s why there’s unlawable allotment in zoning for or one of the reasons why, OK? Um, I, I, I can’t say from any sort of good judgment that allowing a lot coverage that is in excess of 26.5% over the already allowed uh, square footage of accessory building is good, prudent judgment, so right? Uh, any further discussion on the motion? Any further discussion Seeing none, we’ll move into a roll call vote on the Ketterling special use.

00:54:29,530	OK, the motion is to approve this special use and give a due pass recommendation. Hey Comm Connelly Yes Comm Jarrett? Yes. Comm Patrick? Yes. Comm Rich? Yes Comm Streifel? Yes. Commissioners are off? No. And Chair. No. All right. The Ketterling Special use, uh, passes, and with a due, uh, a recommended recommendation for approval to the county commission.

00:55:09,530	All right, we will move on to the We special use, uh, public hearings. So Mitch, if you want to take us through a few details on that before we open the public hearing, right, uh, Mr. Chair, um Brian Wentz, um he, he has a small, uh, landscape business grows trees.

00:55:26,730	I don’t, uh, how active he is, I don’t know, but the, he owns two lots there up E Island Road that are in your packet, the size of them. And he wants to, uh he wants to build a building uh there to keep his landscape equipment inside during the winter and even during the summer.

00:55:46,370	There are no buildings on the lot sides itself. If he was to combine the two lots that he owns there, he wouldn’t be, he wouldn’t, uh need a, uh, uh, a variance for the size of this, but because it’s um the 2808 square feet accessory building he wants the variant still be allowed to build it.

00:56:08,730	Marla has sent over 60 letters. 6767 letters to the neighbors, um, as part of our responsibility to notify him of notify us of the public hearing. We received one letter in opposition. to in opposition um but that’s basically it in a nutshell. It’s not a really large building. It’s definitely not 7000 square feet, but it’s uh.

00:56:40,330	he’s been out there for a very long time and um I don’t, we have never received a complaint on his business yet. maybe more of a home occupancy. So, uh, just, just the, the numbers here, it looks like 1600. or is it he wants to build a 200808 So it would be 1600 over.

00:57:04,900	Great, just the 1608 is, is the, is the difference, right? OK, that’s what I thought. Uh, but if he would combine the two lots, he wouldn’t need, he wouldn’t need to be asking this.

00:57:22,530	Uh, any questions for Mitch before he steps away? OK, seeing none, thank you, Mitch All right, we will open the public hearing for the We special use. Uh, if anyone would like to speak at this, please approach the lector and tell us who you are, where you’re from, and sign in. I’m Brian Wet. I’m the owner here.

00:57:39,530	Here’s the right one Oh, I’m I the wrong one? We want your autograph on the right one. Yeah. some. Yeah OK Yeah, I can leave this here. if it shows up or not OK. It should. There you go. We actually own 12, and 3 lots, and I’m across the street on the number one lot there So we have all three lots.

00:58:10,700	He’s, we were going to build on his property, which we could build the size building we want, but since he has both lots, we’re putting it there.

00:58:27,100	It’s going to match the house of the exact same roof and the this the what’s it called? siding Yeah, it’s a vertical or horizontal siding on that. So we could combine all three if we want, and then we can build a lot bigger building there, but we’re not trying to do that. We just want the smallest building.

00:58:41,500	that we can put that’ll house the equipment that we have instead of having it sit outside there and be an eyesore, and the whole area is fully landscaped around there with trees and that, so if you ever go out there, it’s probably the nicest lot in Bismarck, his lot and my lot. with the trees and plants, so. it’s about it.

00:59:02,730	We just did this special use permit because it’s easier than subdividing higher architects to redo all the what do we call it engineering, surveying. OK. Uh, any questions for, uh, for, uh, Brian. And I, I guess I just have one, Brian. Uh, do you have any future plans of combining, you said you have 12, and what number 12, and 3? No. Lots that are all that’s just going to be trees out there.

00:59:23,330	The, this would be the only building we have any plans on doing. And if we did, we could combine them, but I don’t see any any reason for that.

00:59:39,170	Originally you just wanted to put a ulul barn in there that’s the same side, but now we have to build it up 4 ft because it’s, we’re on a flood plain and it turned into a lot bigger project than we had planned. Got you. Uh, OK, any questions for Brian? Seeing none. Thank you, Brian. Kate.

01:00:03,470	All right, if anyone else would like to speak at the this hearing on the We special use, uh, please approach the lectern and tell us who you are, where you’re from, and sign in. Anyone else like to speak at this public hearing. And last call. Any anyone else like to speak at this public hearing, please approach. Seeing none, we will close the public hearing on the whence special use and move into discussion and action.

01:00:24,530	Yes, commissioners are off. So remaining consistent with my previous tirade, uh, everything pretty much falls in line with the same, uh, the difference is he owns lots 12, and 3. I would encourage the owner to go down the route of combining lots 1 and 2.

01:00:50,700	to allow him the total allowable square footage rather than allowing a special use permit. uh, for this. He’s got the property, the building size is there, uh, working with land surveyor, uh, there were two of them in the room tonight.

01:01:07,900	They’re all great and they can absolutely take carry and it’s not a very complicated process at all, but I feel like that would probably be the more prudent route to go to accomplish what he is trying to do here rather than a special use permit on a lot that could be.

01:01:24,430	in the future sold off with an oversized accessory building, and again, potentially turn into a nightmare for future property owner, by your EMS, everybody involved, so. All right. Any, any, uh, any discussion and action? Yes, Comm Patrick. I just want to make a motion that we approve and forward to the County Commission. Is there a second? Second. All right.

01:01:44,270	It has been moved by Comm Patrick to, uh, uh, approve this and move or move this to the countycom Commission with a due due pass recommendation, excuse me, and, and seconded by Comm Rich. Any discussion? Yes, Comm, I just got a basic question for Mitch or whoever. So they’re already over the allowable space.

01:02:03,270	So, if they wanted to put a home on it sometime in the future, they’d have to get a variance again. No. No. For the house? For the house? No. No, OK. OK. It’s his accessory building only. Yep. Um any, oh, yes, um. Yeah. Marla.

01:02:20,430	They, they are not over the allowance of what would be allowed on that lot. They’re over the allowance of what would be allowed on that lot without a house. If he combined them, he could go probably 4 or 5 times bigger, but he’s only allowed 1800 square feet on his size lot, I think it is, according to the ordinances, and that’s why he’s doing the

01:02:42,800	special use because it’s not occupied. And so, if there were a house on that, on that, uh, lot that he would like to build this on. What would be the allowable square footage? Do you know? It’s, I don’t know. I know it’s, I know it’s more. It’s more. It’s 4%. How, how big is. Yeah.

01:02:58,330	It’s 2.5 acres? A acres 560 Yeah yeah. 4,356 square feet would be allowable. Yeah. Yeah. And that’s doesn’t include a house, so. OK, thank you. Uh, any further discussion on the motion? Oh yeah, Comm Scheel. Marla, does the special use permit have a time? line on it No.

01:03:29,970	Well, he has a certain amount of time to put it into use. Um, I think it’s one year. One year probably. Yeah, from the time it’s issued So, Any further discussion on the motion? I guess I would, uh, I would. I would slightly concur with the commissioners are off here that, uh, that I, I don’t know, I would rather not do variances.

01:03:55,970	Uh, there’s, there are other ways to do this, uh, that. that, uh, I think the, the variance isn’t the correct way to do this. I think there is a better way to do it by combining a lot, um, so that’s, that would be, that would be my two cents.

01:04:15,170	Uh, any further, any further discussion? OK, seeing none, uh, Marla, if you could take us through a roll call vote. And this is on the We Special use. OK, and this is, uh, I give it a due past recommendation. Approve the special use. So, Comm Streifel. Yes. Comm Rich? Yes. Comm Patrick? Yes. Comm Jarrett? Yes. Commissioners are off? No. Comm Connelly? No.

01:04:45,530	And Chair? No 4 to 3. All right. So the one special use permit or the special use, uh, it has a DuPA recommendation going to the county Commission. That is all for our public hearings for the evening. of it is, let’s see, we’re into other business now.

01:05:05,900	Uh, just, just one thing I’d like to bring up, um, we do have, we’ve had two, I guess, uh, uh, variances on sizes of buildings, uh, in, in our hearings tonight. Uh, it just makes me wonder, is that, you know, do we, and, and, and we approved them.

01:05:27,230	We approved the variants, uh, so at what point do we need to take a look and say we need to improve or increase a lot coverage because, uh, it just seems like, uh, well, if everybody’s just gonna come and ask for a variants and get it approved, then what, or either that or we just get rid of the coverage, uh, the 4%

01:05:45,430	coverage, uh, stipulation, so I, I don’t know, those are just some, just some thoughts because, uh, I mean, we’re, we approved one that’s 26% over, uh, the, the last one was 234% over.

01:06:03,530	Now that one is a little different issue because there is an, there’s the opportunity to either one, build a house on the lot or combine two lots, uh, to get around that, but, uh, it, it just seems to me like, uh, you know, and, and obviously, uh. um, you know, storage buildings, riding stables, uh, all these things. Nobody’s talking about small buildings.

01:06:20,630	These are, these are big buildings, and there’s a, there’s a lot of want and need for them. Uh, so I don’t know really what the what the thought is on that, but it just seems like there’s, there’s always a want for these larger buildings and is there a need to actually start increasing that 4% lot coverage, right, Mr.

01:06:41,500	Chair, the reason why it’s uh 1200 square feet for an accessory building without an uh primary structures to prevent people from buying the lot after it’s built and turning it into a mechanic shop. or a cab or whatever and so they turned it into a a. home occupancy within in some people’s minds is commercial work.

01:07:03,330	In my mind, I’ve been concerned about that for many reasons, but, um, what I, I do want to do is, is have this 4% we need to change some of that for a larger lots because now we’re up into the 20,000 square feet for a building. on a residential area lot. that’s as you’re getting into commercial building, commercial sized buildings.

01:07:26,800	These are not they’re not residential anymore, almost, and so it’s the idea is that there should be a limit. to these accessory buildings. Yeah, and the 4%, correct me if I’m wrong, is on R1 or R2? Yeah, it’s for residential. It’s any of the, any of the R, right? OK, got you.

01:07:48,730	Yeah, commissioners are off again um it’s not even reading between the lines. It’s, you literally have a commercial operation here. Call it what it is. It is a business that is running out of there. You just approved a mechanic shop to be built in a residential area. Yeah, he’s been there for many. He’s one of the first ones to build out there.

01:08:06,900	My, my folks lived literally 5 houses down from him for I don’t know, probably 12 years. And, and I, I agree. I don’t think. he doesn’t, he doesn’t pose, I’m gonna say like an imminent danger to the neighborhood. Everybody generally gets along with them out there, but.

01:08:25,170	what about the next Guy? Yeah, and then they’ll land up on our desk as, you know, and, and proper use of pro whatever it’s, you can’t, but, hhh. Huh-uh. do something with the property because do something with the property because it’s do something with the property because do something with the property because it’s. Right do something with the property because.

01:08:41,430	But do something with the property because when they have an allowable venue to be able to build the size of building that they want, but they’re choosing not to exercise it because he blatantly said himself, I just don’t want to deal with those architects and engineers.

01:08:55,530	Well, I’m sorry, that’s the proper way to go about this rather than approving something that’s 200 and some odd% over the current allowable sized building that’s allowed on there you come in and ask for a specialist’s permit or was he? He wanted to build it. He, he wanted, he, well, I actually came in yet for the permit and that we dealt more with the floodplain issue.

01:09:11,630	And once I told him what he had to do for the flood plain, he elevate, he has almost 4 ft of elevation there. He’s, he went, well, OK, I’m gonna do a 4 ft frostball and all this other stuff. And so then he said, well, I might as well build it this size the way I want it.

01:09:25,330	and that’s what compounded it. I’m, I’m not so concerned about this. I’m, I’m concerned about buildings that are over 800 to 10,000 square feet now up into 20,000 square feet. Those um I, I don’t know, I don’t, I don’t believe they are residential use.

01:09:50,970	Well, so you know, and I, I that sounds like a conflict of interest, Comm Jarrett. You know, the, uh, you know, the reason that I bring it up though is that, you know, it’s really, it’s either either we’re just gonna continue to approve variances or um how do you ever turn down variants? because we start to approve, well, this one was 5%, well,

01:10:06,070	now this one’s 10%. Now this one was, now it was 50% or this is, how do you ever tell somebody no at that point? And then at that point, you might as well just change the, you might as well just change the ordinance.

01:10:17,100	It’s not just right now the base is over 200% so. But this is not just Burleigh County. The city deals with all the time. Other communities, they are huge ulul barns, uh, shops Bardominium kind of deal situation right, they’re not no they’re, they don’t even fit into the building codes.

01:10:35,800	They’re so big and so it’s like it, you know, there should be a cap in my mind of the 4% for even if so you’ve got 12 acres and you want to do like 13 acres, like what he wants to. Easily would have been allowed 22,000 square feet. Yep.

01:10:58,230	And so that’s to me is not it’s potential for problems in the future. Yeah, and, and granted, I, I mean, I don’t want to come off talking about that or someone thinking that I don’t like what what these people were doing with these buildings. I, I like it. I’m like, OK, yeah, that’s great. That’s a, that’s a good thought.

01:11:13,370	It just, it’s, it’s not, it goes against the ordinance and then we just seem to just approve every variance we get for, well, I want to build a building over. So what I’m talking about is that then why don’t we just change the ordinance? We haven’t approved that one yet.

01:11:31,470	That’s still, so this one here, I honestly, it um, to me that was not a big lot of heartburn on this. I mean, it’s, eventually somebody’s going to build a house there. but then that’s, we just approved was a special, no, that was, they combined a lot for a 5000 square foot accessory building up there on Island Road. They didn’t need any special use permit. Right.

01:11:48,900	So it’s kind of, yeah, they don’t fit into any kind of uh planning model. They don’t fit it. They, they don’t fit into building codes. There’s nothing in a building code that that recognizes the 22,000 square foot accessory building. So. Yeah.

01:12:05,530	And, but I do agree with, uh, if you’re going to start building indoor riding arenas. These are not small buildings. You don’t, you don’t get away with a small building if you’re doing an indoor writing arena, that’s, that’s a very large building.

01:12:21,270	And, and they’re more and they’re becoming more popular, so it’s, I don’t know, it’s just something that is starting to kind of spark some thoughts in my head about like, is there something we need to do differently or call things out differently if they’re gonna be used for, OK, if it’s a riding arena, then it’s, then it’s, then we consider it differently. I don’t know. Yeah, I don’t want to restrict people in their dreams.

01:12:36,600	That’s one thing, but there’s a to me there’s also a borderline of, you know. it’s no longer residential use. Yeah, go ahead. to be an advisory board and to hear the people and listen to their ideas, but also to listen to the concerns from the neighbors and we didn’t see much for concerns from the neighbors tonight and that I think would

01:12:55,700	have made a big difference Yeah, who, little bit of devil’s advocate on it then as well as say the special use if they want it, like you say, uh, with horse arenas, they have to be uh large, um, special use permits for towers or other things that go up.

01:13:13,900	Part of that plan is, is that if you ever decide to sell, then you have to remove the variance amount so you could get back into compliance with the ordinance before you move forward. That would change the I mean, if you really want it, you sign off. There’s some cost. Mr. Chair, especially use permits do not run with the land.

01:13:35,730	they run with the individual If they sell that property back here. It’s now out of compliance, which again is why the better plan is combination or stick with the means and bounds of whatever is allowed. Yeah, so anyway just a couple of thoughts. Anyone have anything else? I’d only say the 4% is pretty small.

01:14:01,970	when you’re dealing with some of this stuff, so. Maybe that, but the, it would be the city commission would have to change the ordinance in that. And all the county Commission would be. Well, and as a matter of fact, they are.

01:14:17,470	The city is changing that ordinance because they’ve had, they’ve been beaten down, what are they, what are they changing to, do you know? They’re 4%. 0, OK, OK. Yeah. So, yeah.

01:14:34,530	Going, going more in line with what the county has to me there should be a cap if you get over 4 acres, that’s your, you know what I mean? You get over 10,000 square feet for an accessory building. or 8, even 8 is large. I, I don’t know that would be my recommendation if, if we, it’s been on my mind for a long time to change that or we put a commercial or sick or maybe, I don’t want to say that, but maybe considered something different, yeah.

01:14:54,170	Just a little history. Yeah. Um, the Burleigh County Commission changed that 4% back in 20 17 cause I work for the city and in 2017 Burleigh County just came in with that 4%.

01:15:19,900	What was it before? Um, 1200 and 1800 kind of like our yeah, but they just came in with the 4% because they got a lot of complaints about the size, um so, you know, that’s something to consider too. OK. Any, uh, any other business? Move to Adjourn Is there a second? OK, has been moving a second to Adjourn. Any opposition to adjournment?