00:00:17,930	Zoning planning meeting to order. We will start with the Pledge of Allegiance. So, everyone, if you could rise and remove your head coverings. Oh, cover flag. I’ll go over there. Okay. I pledge allegiance to the flag of the United States of America. And to the republic for which it stands.

00:00:41,000	One nation under God, indivisible, with liberty and justice for all. And we will move into roll call. Um. Or should we just wait a second? Is. She’s on her way. Marla should be back down. Okay. Okay. I saw her going up the stairs. And. And I have an I take care of.

00:01:31,700	I said, I suppose you run off a minute. We should catch a breeze out there. Uh, there. There she is. I had to park three blocks away. From the. Science. No problem. Yeah. We’re just gonna. We’re just at the roll call point. Oh, so that’s. By again? Yeah.

00:02:07,430	And, Marla, if you could take us through a quick roll call, we’ll, uh, confirm that we have quorum, and then we’ll move on. Okay. Do you do the pledge already? We did. Commissioner Bitner. Here. Commissioner Conley here. Commissioner Jarrett here. Commissioner. Munson. Commissioner Patrick here. Commissioner Rich. Here. Commissioner. Small. Here. Commissioner. Stifle. Here. We have chairman. Here.

00:02:48,030	We have a quorum. All right. Thank you. Marla. We’ll move into the approval of the March 11th meeting minutes. Are there any corrections that need to happen to the minutes as they were sent out? I’d move to approve.. Second. All right. It’s been moved and approved.

00:03:08,870	You moved and seconded to approve the the minutes. All in favor, say aye. Aye. Any opposition? Okay. Hearing none. The minutes are approved from the March meeting. We’ll move into the public comment section. Uh, this is open to public comment. We will have public comment on the hearings later.

00:03:28,470	So if you do have any general comments, please, you can feel free to approach the lectern and tell us who you are, where are you from? And, uh, let us know what you’d like to say.

00:03:49,430	Anyone like to make public comment? Like right now is a public comment or like the proposals? Uh, no. Uh, so if, uh, on the hearings, we’ll we’ll open individual hearings for, for each, each, uh, hearing, uh, down. This will just be general general public comment. Uh, yes. Mr. Conley or Commissioner Conley. How the new state law is, is that anybody.

00:04:09,870	Can comment on general items on anything on this current agenda or the one previous. I see. Okay. Okay. Seeing none, we will then move into the consent agenda. I see we did have one, uh, consent agenda item pulled the five one.

00:04:28,100	We still do have the five two is there? If if there’s any reason that we do need to move into it and get more details on that, we sure can. Or we can improve the consent agenda as as presented. I move, we approve the consent agenda as presented. Second. Okay, it has been moved and seconded to approve the consent agenda. Uh, all in favor, say aye. Aye. Any opposition? Okay. Hearing none. Uh, that is approved. The consent agenda is approved.

00:04:54,530	That means that the Meadows End subdivision, um, uh, line item will move to a to a public hearing next month. We’ll move into the public hearing agenda in the first one on the docket is the EA subdivision. And this is going to be a two lot subdivision. The zoning change is pulled off of here.

00:05:18,800	So this is purely just the approval of the two lot subdivision. And Marla, if you can take us through some details and then we will open the public hearing. Okay. This is the subdivision. Um, the petitioner developer is algo. Trust engineer is Swenson. Hagan and company.

00:05:50,130	The location is part of our lots A and B, section 23, Township 140, range 80 West. The project size is two lots containing 57 acres or more. The zoning change was pulled. She will leave it eg zoning and they’re requesting a do pass recommendation. It was posted to the Bismarck Tribune, March 24th and April 4th. Berlin County website. March 27th and surrounding property owners.

00:06:18,870	March 27th. Um, the history is the petitioner purchased county regarding platting a two lot subdivision and the pre-application meeting was held and the preliminary plat was approved to continue at the Birley County Planning and Zoning Commission on March 11th. Stormwater waiver was was approved on March 24th. Staff findings.

00:06:53,130	This subdivision does fulfill all requirements. It fulfills all the requirements of article 33. Um. The final plat has been submitted to all reviewing entities, all concerns and corrections have been made. Um, the subdivision requires meets the requirements of the Berlin County Comprehensive Plan. Article three residential neighborhoods. Objectives one and two.

00:07:25,200	Like I said, the storm rating, stormwater Management Plan waiver has been approved and the paving waiver has been granted. Um staff recommends a due pass recommendation to the Burleigh County Board of Commissioners, and you can approve the final plat and give a do pass recommendation. Approved the final plat with conditions or deny the final plat and zoning, not zoning. Change our table. It.

00:07:53,970	Okay. Any questions for Marla before she steps away? Commissioner Conley? Are they able to do everything they were intending to do with under agricultural zoning, as they were under the R-1? Um, well, as far as in the zoning category, um, an R-1 is more strict, but it pretty much mirrors the EG.

00:08:19,100	You can’t do in AG land. You can do things like sand and gravel extraction, oil wells, things like that without a special use permit, where in recreational you can’t. Okay. So to some degree, the dissenting letters that we got, it actually is better for the ones that are actually applying than if they want the R-1.

00:08:41,970	Um, I think it would be easier, but, um, it does fit with the surrounding property owners. So, um, you know, if it if it goes to R-1, I know one of the concerns is that they’ll all of a sudden be a bunch of small lots in that area, but they would have to come through our

00:09:04,000	commission first. So it’s not just something they can just do. Okay. So I like that. Option two. It sounds reasonable. All right. Any other questions for Marla before we open the public hearing? Okay. Seeing none. Thank you. Marlow, we will now open the public hearing.

00:09:23,930	Uh, this hearing is on the EA subdivision. And, uh, if anyone would like to speak in this, uh, in this hearing, please approach the lectern and tell us who you are, where you’re from, and sign in. Uh, is is there a signage? There? Is there. Okay. Thank you. Thank you. Chair. Uh, Lana. Swenson, Hagan.

00:09:38,270	Engineering representing algo trust in this. Um, yeah. Just what Marla had mentioned. We had originally come in with the zoning change for R-1. Uh, a little more typical. What you would see for for subdivisions in the county. However, some of the neighbors did express some concern.

00:09:51,930	And as Marla mentioned, I think when people see that R-1 designation, they automatically default to assuming that it’s going to get down to those acre and a half lots, and that that concerns people in this neighborhood where the lots are more in that 1710 acre, 40 acre lot.

00:10:05,870	Um, these two lots will be remaining. The northern lot will be around 24 acres, the southern lots around 28 acres. So they’ll remain those very large lots that that fit more in with the neighborhood. Uh, but I can certainly answer any questions if you have them. Okay. Any questions? Seeing none. Thank you.

00:10:22,600	Uh, if anyone else would like to speak in this public hearing on the subdivision, please approach your letter and tell us who you are, where are you from? And sign in. Hey, guys. How’s it going? I’m Trevor, I’m shorter than everyone else, so I gotta address this.

00:10:47,470	I’m Trevor O’Shea. I am, I live on the me and my dad, Jerry. We live on the east side of this proposed property. Um, I wrote you guys a ladder just in case we couldn’t get here tonight about some of the concerns that we had about this. And we do have some serious concerns. Okay.

00:11:05,100	Um, I’d like to go over those really quick. Um. We’re kind of. We’re assuming that the idea here is that these parcels would probably be, like a little ranch out of that sort, and I kind of correct with that, like an acreage, maybe a horse farm or something like that.

00:11:28,070	Um, we do like that idea, just in keeping with all the other lots around here. Like you live out by us. It’s all 40 acre lots, 20 acre lots. You know, we like the. We like living in the country. We want it to stay that way.

00:11:45,730	So it’s kind of reassuring to if this stays agriculture instead of going R-1, you know, we don’t want small a village out by our place, essentially. And proposals have come up in the past that have thankfully been shut down historically. We don’t want that. Right. Um, we are concerned about our driveway. So if you look at the map, I’m sure you guys have that map.

00:12:03,900	There’s there’s a long driveway that goes up into our yard. It’s about 600 yards long. Um, one thing that is a concern, depending upon how this would work out, I’m not sure. But if our driveway is used as access, one problem is, is that this driveway doesn’t blow. Blow shot in the wintertime.

00:12:23,600	Um, it can be the Dickens getting out the winter of 2020, 20 2223 I believe that bad one we we ended up for 2 or 3 weeks snowshoeing out every day. We just parked on 26th Street. Our farm equipment couldn’t keep up with it. And we had the county come out several times and open that road for us.

00:12:42,830	And that that was, you know, expensive. So the concern here is we’re concerned about if other people are sharing this driveway and people like, you know, especially, let’s say, a teenage kid is like, I’m going to gut it and get in stock. And then other people, you know, waiting, it can be just a mess.

00:12:59,330	We’re concerned about that as being a problem. Another concern has to do with that part of 26th Street. If you look to the north, there’s a dip in the road, a hill. And so let’s say we’re hanging out on our driveway and I go to work every morning.

00:13:17,670	I’m a school teacher, but I got to go left there to the south. Vehicles coming from the north can come really quickly over that hill, and they can be on you really quickly. So that’s it might be a safety concern if people build approaches in there and trying to get out. It would be worth considering that as an issue. It could be an issue.

00:13:35,130	Right. So we’re concerned about that. Of course we were concerned about utilities. I don’t know how this would work with on the engineering side of it. Um, you know, we have a water line coming in to our place. We don’t want to lose pressure or anything like that.

00:13:49,000	Granted, I wrote about this in the letter. You know, it’s with modern in the modern area. I, I’m assuming it won’t be a problem, but, I mean, we’re concerned about it, right? Um. I mentioned the country aesthetic. We want to stay living in the country. We all like that.

00:14:07,670	Some of the bigger issues that we can foresee here, though, one, um, and I wrote about this, I shoot a lot. I have a sport shooting range. I’m a competitor. I shoot a lot. I’m very concerned about developments in the area and conflicts arising from that. Um, the Ellington’s to the south of us.

00:14:29,070	They also have their shooting range. They’re the property right to the south of the south parcel there. There. Um, and, um, their backstop is right in the middle, like less than 50 yards from the fence line. So you can imagine if someone wants to build a home, like anywhere in there, they’re going to be relatively close to that range.

00:14:47,230	And I can’t think of US soccer mom anywhere that would appreciate, you know, banging away a firearms that could be an issue. Right. Um, now, I can’t speak for them. I can only speak for myself. But, gee whiz, like, they built that years ago and they seem to enjoy it.

00:15:06,100	And I would hate for them to feel pressured to give up their Second Amendment rights. And for me, um, like I said, pres is is long range shooting. So I essentially use the whole of my property to train and I shoot essentially right up to our boundary line, kind of in our yard.

00:15:25,600	And if someone and I’ll get to this if someone. So this would be maybe in the north parcel builds relatively close to that. That would be an issue as well. You know, there could definitely be some conflicts with the continuation of us exercising our Second Amendment rights and potentially people building homes there. I don’t want to have conflicts, but I definitely don’t.

00:15:44,330	We shouldn’t have to give up our Second Amendment rights. This is a big deal for us, and we’re not the only ones in the area who shoot, um, the bond. It’s been on the hill shooting rifles before. They kind of live to the east of us.

00:15:55,530	But I believe you and your husband has shot out there before quite a bit. Historically. I don’t want developments in this area to threaten our rights. Okay, so we’re really concerned about that. We don’t want to have issues. Um, moving on. And this might be kind of sticky. And I wrote about this. The North parcel has a tendency to flood.

00:16:18,400	Now, I don’t know if the people have looked at this, but I will say from living out there for 20 years, when my parents first built that place, they built a barn in a farmyard.

00:16:33,230	That first spring, when the snow melted that barn was it had a foot of water in it. It was a little river. So to deal with that, we ended up building a dike around the farmyard and a series of ditches to help mitigate that.

00:16:47,600	However, it’s still kind of the vein of our existence every spring, and even with big thunderstorms, keeping our barnyard dry is the Dickens and all that water is rerouted down the middle of that north parcel, and the eastern end of that north parcel. It’s kind of contained.

00:17:07,000	However, towards the end there, if you look at the map, that west side, kind of the west half of it, it opens up and the water kind of just goes everywhere. Think of like the Nile River Delta. It just spreads out and goes everywhere and it’ll be like six inches of water there. That’ll just it’ll be like a pond. Ducks will be hanging out there.

00:17:19,100	I think I wrote in the letter, um, as a kid, I would go down there with my, my boots and I’d play in the water. So I if someone wants to build a home down there, I mean, you could probably do it, but my goodness, it would be a lot of dirt work. They would have to deal with that water threat.

00:17:34,800	And it would suck if someone builds their dream home. And then they had water issues. So that’s really worth considering. Um, if they build closer towards our property, that would probably be better as far as the water goes.

00:17:54,230	But then of course there will be closer to my ruckus making with the rifle and the shotgun and pistols. And of course, you know, conflicts again. So, you know, with all that stuff, if you consider all those things, I don’t know if this is the best project to to do in this situation.

00:18:11,630	Do you guys have any questions for me? Uh, yeah. Just a or just a quick one. Um, the the road coming the east west road. Yeah. Is that, is that on a section line. No it’s not. So is that. A. So my parents avenge that although that land out there is all in 40 long 40s. Yeah.

00:18:29,800	And my parents were able to buy two 40s together and they just stuck that road right in the middle of the two 40s. Their long, rectangular 40s. Okay. So that’s that’s what. That is. It’s not, but it is. It’s not a private road or it is a private.

00:18:43,170	Well, it is our private road because the original property was 80 acres. Okay. And, um, dad and I have a it’s like 22 acres. And mom is, you know, she wants to get rid of the rest of it. So she’s chopped it up as it is, and she’s getting rid of it. But we have an easement for that road. It’s a private driveway, if you will.

00:19:00,670	We have posted signs, you know, no trespassing, etc.. Gotcha. Okay. Yeah. That’s that that answered my question. Uh, Commissioner Rich. Yes. Yeah. I’ve got a number of questions. Trevor. Um. Oh. Yes. Um, I was just going to comment on his driveway. That is actually a road. It’s built Kent County standards, and it’s 116th Avenue. Okay.

00:19:27,970	Um, so it’s not a private drive. It’s. It, um. It’s maintained. If you look, it would go through and extend out. Okay. Are we sure. It’s part of the master road plan? Oh, it is okay. Um, okay. Yes. Well, that’s new to me, I guess.

00:19:45,600	I don’t know exactly what that means, but. Okay. It certainly isn’t maintained by the county, though. We do all that ourselves. Okay. Uh, Commissioner Rich. Yes. Mr. Chairman. Trevor, I got a number of questions. First of all, where is your I. I’m looking at. Are you to the east of it? Yeah, right to the east. Okay. Drive there. Okay. Yeah.

00:20:04,770	And this road that goes through their property, it looks like there’s a road from 26th Street to the east to your place, right? Yeah. Right to our property. And then. But you go across their property. Oh, yes. What? Well, yes. But again, that was the original road there. We have an easement to use it.

00:20:23,070	Okay. You go across their property. Yeah. Um, do you have an easement? Yes. Do you have an easement to go across their property? Yeah, it’s. But the roads on their property. Right. But yeah, they’re operating under easement property and it’s a and it’s a county road. Mister chair. Mister chair. Yes. The road is private right now.

00:20:41,100	Oh, it is. Until this plat is created. Then they’re going to dedicate that 80 foot right of way onto those plats as part of our 116th Street. Okay. It is part of the master roadway plan, so it’s going to have to meet those standards Avenue I’m sorry. Okay. Oh, thank you.

00:20:59,370	Mr. Chairman. Just a follow up on your concerned about water, but they’ve already had a water, stormwater plan approved for this property. Whatever they’ve got going, that’s what it says in our documents. All right, Natalie, they’ve looked through this and figured that out. Drainage.

00:21:17,930	Okay, well, that would be useful if they have looked into it, because I assure you, it is a problem. Well, it seems. To have sorted. Out they do have a stormwater plan. Well, so our documents say, um, the other thing about shooting range, um, I have a shooting range on our place, and I put it right up against the hill. I’m not worried about stray bullets.

00:21:37,870	And anybody that’s firing a rifle. I don’t care where you’re at. You’re responsible for where that bullet goes. It’s not. It’s not like, oh, nobody dare come around me because I’m shooting these rifles. I don’t get that argument at all. Yeah, this is where I’m coming from. This.

00:21:53,970	It’s more of a nuisance thing. The noise of it. Right. So just like you, I have a berm, a wooden earth backstop. Okay, I shoot a lots, a lot of people don’t want to be around that sort of gunfire. It can be annoying through. I’m pro second Amendment, obviously, but I have I talked to people.

00:22:16,930	I have friends that aren’t into it. I don’t want to have tension between people who aren’t into it, who could possibly live here in the future. But that purely speculative, whether or not. It is. Back to nature with. But it certainly is a concern. And that’s what I’m calling it. It’s a concern. I’m concerned about it.

00:22:34,300	Yeah. Any other questions for Trevor? Oh, yeah. Commissioner Conley. You said your mom wanted to sell this portion, so it was under your family ownership before? Yeah, my mom and dad bought it, like 20 some years ago.

00:22:54,200	Okay, so it was it was something in order to all of those concerns would be a non-issue if it was not sold.. Oh. Oh, okay. I guess. Okay. Just because when you’re thinking through the thought process, there’s a lot of things come up both in the city and county to where it’s the person that has ownership outside of where that the adjacent owners are, and not

00:23:21,930	very many people have that option to where they can own the land that they’re in contention with. In this case, it’s kind of the exception to that rule and that. So just something to be made.

00:23:40,100	There were we have, a Tyler Cooley area and the neighborhood was made an offer to where they could have bought it, and they chose not to. Well, that’s where property rights come into play. To.. Any other questions for Trevor? Okay. See you none. Thank you. Trevor. All right. Cool. Do I need to sign out here to, uh. Yeah, if you could sign in. Thank you.

00:23:59,830	If anyone else would like to speak in this public hearing for the EA subdivision. Uh, please approach the lectern. Tell us who you are, where are you from? And sign in. Yeah. Good evening. Casandra. Lee county highway department. Just to kind of help with the road portion, the roadway waiver was submitted so they didn’t have to build it to county standards.

00:24:23,800	So because it’s not built, the county standards at this time, we do not maintain it. Say the plats approved, they’ll still have to gravel it, plow it and maintain it. If the road needs to come to county standards someday in the future could be 2030, whatever it is down, down the road.

00:24:42,530	That roadway waiver just says you don’t have to pay for it now. But when it is built, you will participate in the cost to build that road to county standards. And once it meets county standards, then we will take it over, plow it, maintain it, do all of those those items going from there.

00:24:58,670	On the stormwater management plan waiver, we do look at all that. The low areas is an identified riverine on the National Wetlands Inventory list.

00:25:17,670	Uh, to build a house, if you wanted to build a house directly in the riverine, we never advise it, but you would have to go through the process to reroute a riverine and get that all around. And it’s a from having to do it. Let’s just say it’s a fun process.

00:25:38,600	Uh, so one house being built on that type of acreage doesn’t have a huge additional impact to the amount of stormwater that comes off if they ever redevelop it, let’s say 50 years in the future. To add far more houses. They would have to come before this board anyways. They would have to do a brand new stormwater management plan. Everything would have to be reviewed at that time to be in compliance.

00:25:52,170	When they did the stormwater management plan, we had them size the culverts that would be needed for their approaches. And we just said, your approach is coming off, uh, the essentially their driveway at this point, you’re not coming off of 52nd Street because we want to limit the access as much as possible on 52nd Street, because that will

00:26:08,600	be a someday a major corridor that’s going through. So we try to limit the number of approaches, because the more approaches, the more accidents that can happen. Uh, any questions. For any questions for Casey? Yeah. Oh, yeah. Commissioner chapel. 52nd Street. The north. South. You mean 41st or 26th? 26. I’m sorry. Okay. All right.

00:26:30,970	Sorry. I’ve looked at too many roads today with asphalt breaking. Sorry. All right. Any other questions for Casey? See you. None. Thank you. Casey. Thank you. All right. If anyone else would like to speak in this, uh, public hearing for the subdivision, uh, please approach the lectern.

00:26:51,370	Uh, tell us who you are. Where are you from? Anyone like to speak? Uh, Commissioner Small. I just got a quick question for Landon. Oh, sure. Turn your mic on. All right.

00:27:17,770	Landon, uh, do you do you know what their plans are for building houses or any of that at this point? Or are you just here for the change? Thank you, Commissioner small. So obviously these these lots will be up for sale. We don’t we don’t know exactly what their plans are. The assumption is of course, a single family home on each lot.

00:27:29,730	Um, right now if this if this parcel weren’t divided in any way, somebody to be able to build the homes today, there’s already enough acres to do so. Um, to subdivide. Although, as Casey mentioned in Marla mentioned, this is a quarter line road. This is part of a future collector road. 50 years, 100 years from now. Maybe never, but that’s why we’re dedicating the right of way right now.

00:27:44,000	There is a private road that’s being used that will become public road, but has to be maintained by the by the local owners. But no, I couldn’t say in the grand scheme of things what an individual owner plans to do with, uh, with their property.

00:27:58,530	So there is no plans as of today for building anything at this point. They bought the land from these people, and then they’re going to market it to somebody else, or they’re planning on building it themselves. That’s correct.

00:28:15,270	The intent is to market to someone else and the just that a little piece of that that came up before, um, South Central Regional Water, who supplies water to this area, hasn’t had any concerns with with pressure or volume or anything like that for this area. We’d be talking about adding one more home to the to the, to the system. Okay. Uh, any other questions for Landon? As long as he’s up here not seeing none. Thank you.

00:28:33,330	Landon, if anyone else would like to speak in this public hearing for the subdivision, please approach Lecter and tell us who you are, where are you from? And sign in. And last call for this public hearing. Seeing none, we will close the public hearing and move into discussion and action on the subdivision. Mr. chairman. Yes, yes. Thank you, Mr. Chairman. Yeah.

00:28:59,870	I want to kind of pick up where Commissioner Risch was headed with that thing. Um, I do have a question. Do we have a procedure that licenses any shooting ranges in Burleigh County? I’m not aware of that. Uh, Mitch, maybe you can. Answer permits or police. No, we don’t. That’s what I thought.

00:29:25,370	I believe I believe on is is it ag land? I believe. Is that a permitted use or is it a conditional? I think it’s a permitted. No. I don’t think there’s. I’ve never seen it called out. Okay. They have. , they have under a special use permit, uh, trap and skeet shooting range on egg.

00:29:50,970	Trap and skeet. No. That’s shotgun. That’s not rifle. No. It’s trapping. It’s basically a shotgun. Kind of, you know. Right. And that’s because there’s a range difference.

00:30:11,930	Um, the reason I mention it is because, like Commissioner Risch said, the person doing the shooting is responsible for that round is going to go. I did my time in the ring car, and quite frankly, I’m a rifle expert. I totally support the Second Amendment. But there’s nothing in the Second Amendment that gives me the right to shoot any particular direction that will.

00:30:28,530	So while I am a Second Amendment supporter, the notion that just because you’re out there shooting a rifle without any neighbors now doesn’t mean that that’s a right that goes with the land. I want to just make that clear. That’s not a right. That’s a privilege. If nobody is around.

00:30:49,670	But in fact, the number of years ago here, somebody that lives near my son’s place had nothing to do with my son. But suddenly he was shooting, uh, black powder in the in the backyard of his place. And it was an actual subdivision. And I think he believed that he was doing it in a safe fashion.

00:31:06,800	But he did get arrested and charged and convicted, and I think a careless and reckless or something of that fashion. So just because you do something like that does not absolve you of the consequences of your action. The county does not guarantee the right for you to just go and shoot where you want, is my point. Thank you.

00:31:30,370	Any, uh, any. Oh, yes. Mitch, I believe Trevor was. Yeah. He. This is. Everything is right with Brian. Commissioner Brian was, uh. Bitner. But I think Treasurer Trevor was talking about the noise from the shooting and how the neighbors would not like that sound all the time. Okay.

00:31:51,470	Yeah, that’s that’s actually, um, that’s actually covered in North Dakota Century Code under the nuisance statutes. So if you’re going to operate a range, unless you were a licensed skeet range or something, you would probably fall under the nuisance statute of North Dakota Century Code.

00:32:14,270	And unfortunately, something you’ve done for years that’s not grandfathered in, not under the current law in the state of North Dakota. Thank you. All right. Any further discussion on this? Uh, Commissioner Conley. I would just say that, uh, I have somewhat of an experience with that.

00:32:32,800	We’ve lived in our home since 2004 right in town, and we had some people purchased the home right next to us and right out of the gate within the first month. They said to us, anybody that owns dogs should move out in the country. They shouldn’t be in town.

00:32:47,130	And I said, we’ve lived here for more than 20 years, and we’re not going to get rid of our animals. Well, about a year ago, um, as long as it falls in line with, like, what Commissioner Bittner was saying, state and federal law, all the laws that pertain to all of us, um, people should be able to do what they want to do without, um, having to be challenged or infringed on, um,

00:33:08,000	anybody buying these lots, if they know what’s there and it’s falling within the lines of law, awesome. If it’s outside of the lines of the law, then those are things that should have been applied all along. And I’ll make a motion to approve as presented. Second. Okay.

00:33:31,530	It has been moved to approve and by Commissioner Conley, seconded by Commissioner Rich. Is there any discussion on the motion? Any discussion? Seeing none. Uh, Marla, if you could take us through a roll call, vote. Okay. The motion is to approve the, uh, subdivision and give a do pass recommendation to the board. Um, commissioners trifle. Yes. Commissioner. Bitner. Yes, Commissioner. Conley. Yes, Commissioner. Small. Yes, Commissioner.

00:34:07,230	Rich. Yes, Commissioner. Jarrett. Yes, Commissioner. Patrick. Yes, chairman. Yes. All approved. Okay. The, uh, e subdivision will move to the county commission with a do pass recommendation. Moving on to our second public hearing of the night.

00:34:32,930	This is, uh, in regards to the cj B subdivision, and, it looks like Marla will step up here, give us a little bit of detail on this subdivision, and then we will open the public hearing. Okay. Um, we’ve got a change on this plot. Um, I put a copy of it in your packets. Um, the original plat on the west side was diagonal, and they just straightened it out. Right there.

00:35:14,500	So just kind of give you a heads up. That’s what we did with that one. Um, they requested it last week, so. Okay, this is, like we said, the KB subdivision, um, the petitioner is Carmen Vista. Field.

00:35:46,600	Field? She’s told me like 20 times, but, um, tome in engineering and as part of government slots one and two, section 12, Township one, 41 North, range 81 West. Um, this will be a one lot subdivision containing 5.46 acres and agricultural zoning. And this is zoned in Painted Woods Subdivision. So they approved the zoning. Earth painting, Woods Township. And they’re asking to us to approve the final plat and give a do pass recommendation.

00:36:14,370	Notifications were posted in the Bismarck Tribune, March 24th, April 4th, uh, to the Berlin County website. March 27th and surrounding property owners. March 27th. Um, when Carman approached Burleigh County, she regarded platting a one lot subdivision. Um pre-application meeting was held and the preliminary was plat was approved to continue the zoning.

00:36:39,600	Like I said, is agricultural and it is under township zoning. Painted woods, Township’s jurisdiction, and they have approved the development of the lot. The letter is in your packet. Um, the preliminary plat was approved on March 11th, and a paving waiver and stormwater waiver has been approved.

00:37:05,100	Um staff findings that the subdivision fulfills all the requirements of article 33 of the Berlin County zoning ordinances. The final plat has been reviewed, and all concerns and corrections have been addressed. The zoning is agricultural and the subdivision meets the requirements of Berlin County Comprehensive Plan. Article three residential neighborhoods.

00:37:31,900	Objectives one and two and storm stormwater Management plan and paving waiver has been approved. Um, the final petition meets all the requirements of Berlin County zoning ordinances, and staff recommends approval of the final plat. And I do pass recommendation. So any questions for Marla? Uh, yeah. Commissioner Rich.

00:38:02,300	Mister Chairman Marla, on your staff findings, it says the stormwater management plant plan or waiver is needed, and a paving waiver is needed. If we approve this, should we put those conditions on it? They were approved. Um. These two were approved. Yeah. Okay. They don’t need, um, that stormwater management, um, they don’t need that at the preliminary stage. So, um, that has to be submitted with the final plat.

00:38:23,470	So and a lot of times there’s a time gap between when I send these out and to what happens after. So okay. Great question. Any other questions for Marla? Seeing none. Thank you Marla. We will open the public hearing on the CJ subdivision.

00:38:43,900	So if anyone would like to speak in this public hearing, please approach the lectern and tell us who you are, where you’re from, and sign in. Do I sign in here? Yes. Yes, I’m Carmen Butterfield. Um, actually proposing this. I don’t really have anything further to add other than what Marla proposed, but if you have questions on me, I’m happy to answer them.

00:39:09,900	Okay. Are there any questions for Carmen? I guess maybe just one question. Uh, when when the squared off. Uh, this is the the south part of it pushed west, right? The the. Yes, kind of the south west corner push. Yeah. Was that an angle? And we did a basically a full rectangle.

00:39:31,300	Okay. Any other questions for Carmen? Seeing. None. Thank you. Carmen. Yes. If if anyone else would like to speak in this, uh, public hearing on the JV subdivision, uh, please approach the lectern, tell us who you are, where you’re from, and sign in. And last call for this public hearing.

00:40:04,230	If you would like to speak. Seeing none, we will close the public hearing and move in to discussion and action on the JB subdivision. Mr. chairman. Yes, Commissioner. Patrick. I move approval of the subdivision and forwarding it to the. Okay. Uh, it is moved for approval by Commissioner Patrick, seconded by Commissioner Small.

00:40:28,100	Uh, is there any discussion on the motion? Okay. Seeing none. Let’s move on to a roll call. Vote. Okay. The motion wants to approve and get a do pass recommendation. Commissioner Patrick. Yes. Commissioner. Rich. Yes, Commissioner. Bitner. Yes. Commissioner. Conley. Yes, Commissioner. Jarrett. Yes. Commissioner. Stifel. Yes, Commissioner. Small. Yes. Chairman. Yes. All approved.

00:41:00,970	Okay. The c JB subdivision will move to the county commission with a do pass recommendation. And our third public hearing of the evening will be the Rourke variance. And, uh, we’ll go through a few details of that before we open the public hearing. Okay. Okay. Um, this is a variance to a building setback distance.

00:41:57,070	Um, and they are asking for do pass recommendation. The property owner is Jaden Rourke. And, um, the location is Harvest Grove third subdivision, lot three, block two, and the address is 8716 Caraway Drive. The property has 2.23 acres. It’s zoned R-1 single family residential and public.

00:42:27,170	Notifications were sent to the Bismarck Tribune, March 24th and April 4th. County website. March 27th and surrounding property owners. March 27th. Um, we were approached by Jaden and he wanted to build an accessory building on his property, and he is on a corner lot, so he has the dual setbacks.

00:42:51,700	The double front. So all he’s requesting is to on the north side property line to make that setback 15ft instead of 40. And, um, his reason is it will allow the house and the accessory building to be separated and to stay off his septic drain field. And the house does face care.

00:43:18,730	We drive so. And the accessory building will also fit that face. That way they won’t need an additional approach. So okay, any uh, any. Yeah. No, it’s just that, um, the variance request does fulfill the requirements of article 28.

00:43:47,100	And, um, the burning Berlin County ordinances require a 40% 40 foot setback. And, um, the lot does have a Wapa easement running north to south in the middle of the lot, making that partially on buildable because they aren’t able to build under those lines. And the strict application of the ordinances would deprive him of reasonable use of the land.

00:44:09,530	And granting the variance does not affect traffic. We have shown it to engineering. There was no current concerns expressed and, um, it does not conflict with the Berlin County ordinances and staff recommends approval and a do pass recommendation to the Berlin County Commission. Okay. Any questions for Marla before she steps away? Yes, Mr. Chairman. Yes, Commissioner Bitner.

00:44:35,630	Thank you, Mr. Chairman. Um, would the wood the setback be agreeable if you if that other side was not along that road acting like a second front. Yes. Yes, it would have been a 15 foot. Okay, that’s all I need. Thanks. Any other questions for Marlow? Seeing none. Thank you. Marlow.

00:44:55,970	Okay. We will open the public hearing for the variance. So if anyone would like to speak in this, uh, in this public hearing, please approach the lectern. Tell us who you are, where you’re from, and sign in. Hi. Jaden Rourke.

00:45:17,300	I just want to say I agree with everything, Marlow did and just keeps it off the septic tank. And like I said, it’ll be set back far enough. I don’t know if you guys can see in the picture, but it’ll still be on the inside of the tree.

00:45:30,670	Rose garage, actually, my main garage actually blocks more than what the shop and whatnot actually will. So I just want to say I agree with everything Marlow had done. She did a great job. Okay, any questions for Jaden? Yeah, yeah. Commissioner Connelly. You have a nice rendering here and things the door. It’s only going to be the two doors on the one side.

00:45:44,970	There’s not going to be doors on the opposite side. Of it. That is correct. Yep. Okay. Um. That’s all. Okay. Any other questions for Jaden? Seeing none. Thank you. Jaden. You bet. If anyone else would like to speak in this public hearing, please turn and tell us who you are, where you’re from.

00:46:04,270	Sign in and last call for this public hearing. Seeing none, we will close the public hearing on the variance and move into discussion and action. I’ll move a do pass recommendation for the to approve the variance second. All right. It’s been uh, uh, moved for a do pass recommendation by Commissioner Rich. Uh, seconded by Commissioner Jarrett.

00:46:30,470	And is there any discussion on the motion? Seeing none, we’ll move into a roll call. Vote. Okay. The motion is to approve the variance. Um, commissioners? Yes. Commissioner. Smith. Yes, Commissioner. Ridge. Yes, Commissioner. Bittner. Yes. Commissioner. Conley. Yes, Commissioner. Jarrett. Yes, Commissioner. Patrick. Yes. And chairman. Yes. All approved. Okay.

00:47:02,500	The, uh, the work variance will go to the county commission with a do pass recommendation, and we’ll move on to our final hearing of the night. That is the human variance. And, uh, looks like, uh, Mitch is going to give us some details on that before we open the public hearing. Good evening, commissioners. Mr.

00:47:35,100	chair, uh, this, um, petition is for a relief of variance relief to the setbacks to the, uh, west side of his property. Um, the previous petition. And this one two is is a result of the transfer areas of the to. And so this is an Imperial Valley. Um, it is an R ten lot.

00:48:00,170	And so we have not changed that. It would be considered it has not been considered nonconforming because we haven’t changed our ordinances yet. So it’s um, basically the the parcel is, um, 0.56 acres, 24,396ft.

00:48:26,400	So the buildings the size of the building is when that was in that 4% allowance, the 15 foot setback standard is for residential buildings in an R-1. However, this are ten in um this Imperial Valley. The setbacks are six feet. I do not recommend to go less than that. The fire separation distance actually recommends ten feet separation. So you can’t do anything with your neighbors going to where he’s going to put his building.

00:48:50,030	But you can’t control where you’re going to put your building. And so you add up five feet minimum five feet on the your neighbor. So you got a ten foot separation. And believe me, I’ve seen buildings burn at ten feet, exactly ten feet.

00:49:05,730	And so it’s, uh, anything less than five foot is would be required. A fire rated assembly on the exterior. And the closer you get, you get also, the openings on the building has to be rated and that sort of thing, that sort of thing. So, um, in his petition, he asked for a six foot to a one foot variance allowance.

00:49:29,270	So, I mean, it’s up to this board could go down to the three foot. He’d have to put a fire rated assembly on the outside. Uh, but the current setback right now in the subdivision is six foot. Um. There’s no documentation showing the exact location of the utility lines there. There is a hardship. Indeed.

00:49:51,800	They’ve run, uh, north and south, and they flagged that he had A811 coming to flag it. Um, but we would need a lot of exhibit showing where those are, exactly where they are, because I don’t want to issue a building permit over the top of, uh, um, some data lines and electricity, electrical lines.

00:50:15,700	Um, that’s about all I have. I’ve got any I stand for any. Questions and, uh. Yeah. Mitch, just a quick one. Uh, as far as the building or where that’s going to go, uh, if there was a building to be built that would be taken care of in the building permit. Yes. Yeah.

00:50:32,370	I mean, as far as not building over lines and getting that that, uh, map. Yeah, I would require that for the building because, like I said, I’m not going to issue a permit over these utility lines. There’s quite a few of them. Gas lines. It’s, um, until you know exactly where there are.

00:50:49,170	And I mean, they flag them, but we need a survey of it to make sure that that’s where it’s going to be. So that’s really, um, the only the building is fine. He looked at his plans. There’s nothing that I see as the red flag for that building.

00:51:02,370	The size of the building fits the lot. So it’s it’s just basically whether you want to go less than that six foot from the Imperial Valley. And this is to, I guess, correct me if I’m wrong, it would be to the West. The let’s see would be the left. As we look at the picture. Right? Yeah. That’s the west side.

00:51:20,970	This is. Yeah. Gotcha. Uh, any any other questions for Mitch? Yeah. Mr. Chairman. Yeah. Commissioner Bittner. Thank you, Mr. Chairman. Um, with regard to the question of building over the top of utilities, is there an ordinance that relates to that, or is that just a practice? Uh,

00:51:41,300	what is that? There’s a reason I ask because in my yard, um, they recently installed some underground electrical, and I can’t really think of any reason why it wouldn’t be over the top of it if I wanted to, because they actually bored the stuff in.

00:52:01,400	There was no excavating, there was no cuts, there was nothing. And if you were gonna put in new utilities, you just bore them in at whatever elevation, and it wouldn’t even matter if there was a building sitting there. So I’m just curious if there’s ordinances or what they can. Uh, Mr.

00:52:20,300	Chair, there’s building codes you can’t build over the top of electrical line or a gas station. I mean, it’s. Like I can understand gasoline. Yeah, I mean, it’s it’s also a safety factor.

00:52:40,570	If we issue a building permit and they start digging out there with a track or a backhoe or even even whatever, a pair, uh, you know, postal diggers, they’ll break into an electric line and they could kill somebody. It’s a it’s a life safety issue. And it’s, uh, for me as a building official, I need a lot of exhibits showing that. I understand that.

00:53:00,670	But if anybody’s out there doing, uh, those kind of activities, you know, there’s law about calling in a locate, you know, utilities locate and all that, and you can’t excavate over the top of them. You got to do that by hand or or what have you. So that that’s not really the issue. Thank you. Any other questions for Mitch? Uh, Commissioner Conley? Okay.

00:53:23,700	Are there any other properties similar size with similar size structure that has a secondary structure like this on there? I’m looking at Google Maps. They’re large houses for the size of the properties. Um, yeah. There’s a number of them there. Okay. This would not be unusual in this neighborhood. Okay. Any other questions. Mr. Chairman? Yeah. Mr. chairman. Yep.

00:53:47,630	I should clarify any of those comments weren’t intended to say that I support putting a building closer to the property line. Don’t don’t get me wrong on that. I think that’s real problematic.

00:54:05,130	I do know that in town, like, say down on Main Street, you can build your building right up to the property line, but there’s always that fire separation and that, that whole thing that, that comes into the building code.

00:54:25,070	I personally don’t know how you would build a building closer than six feet and work around it and build it, because I am a general contractor and I don’t think you could assume that you’re going to have access from your neighbor’s land. You could have that today, but you wouldn’t necessarily have that in the future. And that that would concern me a lot. Thank you. Uh, any other questions for Mitch? I think, uh, Commissioner Small, you had something. Uh, yeah. Mitch.

00:54:46,370	So it meets everything in that subdivision? Yeah. The setbacks. It’s in our ten and setbacks are currently, uh, six foot from the sidelines. Okay. And and he wants to do what? He wants to move on to a foot. He was asking from 1ft to 6ft.

00:55:04,100	You mean he wants to move it from six feet down to one foot? If he could. If he could. If this board finds us, that’s okay. Excuse me, Mr. Chairman. Yes, Mala? Yeah. Cody. Um, when he sent his request and they wanted to use the site of his building as part of the fence between the Zimmerman property and his. That’s why he requested the one foot.

00:55:33,930	Because there’s a fence between the properties now, and they kind of wanted it to just be part of the fence. Okay. Uh, Commissioner Rich. I thank you, Mr. Chairman. Mitch. Um, it doesn’t exceed the four cent threshold, does it? No, it doesn’t do that. Um, maybe if you built the building rectangular instead of square, he would qualify.

00:55:57,170	Would be able to do it, have the same square footage? The square footage is not an issue. Okay? I mean, he’s under that. I mean, he wants a 960 square foot. And he’s allowed 970. He’s allowed 975. Okay. So if he made it rectangular, that’d be more acceptable as long as he stayed back from the property line, in your view.

00:56:16,030	Well, I think we can get into that in the in the public hearing. Yeah. Uh, Commissioner Patrick. Well, I, I just wonder I mean, I don’t know how you could, uh.

00:56:31,470	Build something a one foot from your neighbor’s property with not and not be, uh, create an impact on your neighbor’s property during building and maybe even afterwards, uh, maintenance, maintenance and things like that. I think it would be pretty difficult. Well, it’d be costly because it had to be completely rated on the outside one hour. Even the eaves and the fascia, and you get down to one foot.

00:56:49,730	Even the windows and the doors would have to be rated. And so it’s it’s problematic from that standpoint. But it’s also this would be precedent setting. We never we’ve never issued any variance to go that close to the property line. Okay.

00:57:10,000	And also I think that depending on on the exact location and so forth, uh, you know, could be an impact in the wintertime relative to snowfall and stuff like that on your neighbor’s property. Could be I mean, it’s it he has six foot allowed right now. So the question is, do you want to let them go down less than that six foot? Okay. Any more questions for Mitch before we open the public hearing? Okay. Seeing none.

00:57:29,270	Thank you. Mitch. All right. We will now open the public hearing on the human variance. So if anyone would like to speak, please approach Elector and tell us who you are, where you’re from and sign in. Changing forms. Hello, my name is Cody. Um, I am the property owner.

00:58:03,070	Just sign. So yeah, like like it was stated. I would like to build, uh, an accessory building as close as I could to my west property line to my neighbor. And she did print me copies of, um, signature from my neighbors approving this. Uh, they are fine with it.

00:58:45,800	Um, like you had stated, the current, the current setback to the West property line would be six feet, and I’m just not sure where those utility lines are.

00:59:03,700	I know they’re pretty close to that because I was at the property when the house was built, so I do know where the trench goes. But 811 would be required. Um, that is why I asked for a variance to be within that six feet, because I know I’m probably going to be over the top of them with the current size building.

00:59:28,970	And yes, um, during a recent windstorm this past fall, the fence blew down and I was thinking about just using the building walls as part of the fence. Now, if it needed to be six foot over, I would be okay with that. But I would like, uh, to be over that setback to the North. I nobody had mentioned that 40 foot setback. I don’t know if that is even a problem for this.

00:59:51,730	Uh, yeah. I think, uh, Marla is at that 40 foot setback on the north side. Is that is that for utilities or is that for something? Well, um, they have a 50 foot easement for Lee County. Uh, Burley Avenue. And then there is some floodplain on there.

01:00:15,770	Um, Mitch can talk more about the floodplain or the flood on there. And where he wants to set. It will just be inside that. So. Anything else before as as are looking this up? Uh, no. I’ll just be open to any questions or concerns. Okay. And your.

01:00:47,030	So as I understand, it’s, uh, you want to move it to the west side to kind of replace that fence, but even if you have to have it, you still could fit it in if you have it, if it still was at six feet, right, you still could you still could fit it where it goes, I believe,

01:00:58,530	except for the potential on that north side. Right. Um, the north side would be where the fence line is. So that would be over the current setback on the lot survey. Right. So then that would have to that would change the actual shape of the building. Then to yeah, make it.

01:01:20,030	I’d either have to bring away into my yard or just, you know, make the uh, make it shorter. Yes. Okay. And, um, and, Mitch, I think that there was just a question, um, uh, before you got back, uh, on the north side of this, this, uh, plat, that is, or the the drawing that’s shown here.

01:01:43,870	Is it a. 40? Is it a 40. Foot. 50? Yeah. The, uh, the original setback from that subdivision showed 125ft from the center of Birley Avenue, but they they were vacated. So the 50 foot, um, is is that easement? Okay, so there’s so the building has to stay off out of that easement. Yeah. Oh, yeah. Yeah. Okay.

01:02:12,100	And the, um, he’s also in a floodplain a 500 years. So the building will have to be elevated and that sort of thing. But, uh, yeah. So. Okay, good. Good to know any other any questions for Cody? Yeah. Commissioner Conley.

01:02:31,530	Um, looking at the entire neighborhood, there is one property that it seems like they use a small shed as part of the fence, but none of the other lots have it. It looks like there’s space. Uh, not much space. Some of the houses are really close together.

01:02:50,930	Um, as far as the accessory buildings, um, they do get close to the line, but it seems like there’s space. There’s even fences going just on the outside again. Very close. I know in Bismarck, um, in the town, um, when we were looking at talking about fences, they always, even though we own the boulevard and the sidewalk, they always recommend, like 18in coming in from that

01:03:13,530	sidewalk. Um, so right on a proper property line, seeing enough of these planning and zoning meetings, if properties change hands, that could get a little interesting. Um, we did know that when this whole discussion would come, Imperial Valley would probably be one of the nuances that would take some vetting going into the future, because it’s just a

01:03:38,700	different sort of footprint than a lot of other places. So, okay. Any other questions for Cody? Seeing none. Thank you. Cody. Oh. Excuse me, uh, Commissioner Jarrett yes. Um. This building is just like like. A floating. Slab. Yeah. It’s just what’s the sidewalls? Uh, be 14 foot sidewalls. 14. So it’s a pretty tall building. Yes. Okay.

01:04:06,430	All right. Any other questions for Cody? Okay. See you none. Thank you. Cody. If anyone else would like to speak in this public hearing, please approach Elector and tell us who you are, where you’re from. Uh, Casandra with Burleigh County highway department. It just more informational part is someday when Burley Avenue needs to be reconstructed.

01:04:28,900	Typically what we’ve been looking at is instead of the 50 foot or right of way, the 75 footer right away. That’s why the fence is further back. Not saying that’s what has to be done, but that’s the consideration that we look at.

01:04:46,070	If the proposed accessory building is ten feet into the building setback, that would then put it essentially 80ft from the existing centerline. So if 75ft is ever acquired, which that you’d have to go through negotiations with the landowner to purchase, that the building would then be five foot from the right of way line. It’s just information to consider us all. So good to know. Yep.

01:05:07,230	Thank you. Yeah. Any other questions for Casey? Nope. Seeing none. Thank you. If anyone else would like to speak in this public hearing, please approach the lectern and tell us who you are, where you’re from. Sign in. Anyone else like to speak? Okay.

01:05:25,130	Seeing none, we will close the public hearing on the human variance and move into discussion and action. Any discussion on this? Uh, the human variance. Uh. I’ll go, Mr. Chairman. Uh, actually, Commissioner, um, you’re. Uh, just had a quick question. Um. Mr. Marla. Number four, under staff findings. I’m just wanting a little more information. About what? You mean. There.

01:06:05,970	I’m getting there. Um, on page on the last page. Uh, under staff findings. Oh. Page four. Strict application. The ordinance would deprive the applicant a reasonable use of the land and buildings. So he’s trying to. Yeah. This this is Imperial Valley, and I’m. The more I’m been looking at this, it’s it’s.

01:06:39,700	Yeah, they’re they’re very tight locations, very tight. Lots. And so, um, this that’s I mean, you still have the six foot that’s, I don’t know what I have a problem with is we’re kind of guessing where these utility lines are, and it’s, um, if you knew where they were, then we can say, okay, um, move it over

01:07:04,200	four feet from the lot line. So. I mean, we until, you know, the location of those utility lines, we don’t know what the hardship is. So staff’s recommendation of, uh, to deny is based on the utility location. No, it’s, uh, it’s the recommendation going down to one foot. Or even zero lot line. We don’t.

01:07:31,230	We’ve never done that. Uh, on commercial buildings. Yeah, that’s no problem, because they’re, you know, they’re easily built fireproof. And there’s, um, I mean, you can’t, like I said before, you can’t control what the neighbors do.

01:07:50,770	And so if you go one foot off this lot line, what happens? The neighbor comes in here and put his one foot off the line. It’s kind of like a you get you’re getting into problematic. And your precedent of of allowing this to happen in the first place. Those setbacks are really for for maintenance of the building and for fire protection and just keep them off the lot line.

01:08:10,400	I, I can’t emphasize the fact that we do not know what the hardship is until we have a lot of exhibits showing the distance from the lot line to those power lines. Okay. Uh, Commissioner Bitner, you had something. Yeah. Yeah, I just kind of kind of echo what Mitchell was saying.

01:08:28,530	It’s it’s a bigger concern is the construction and the fires. I know that I have lifts that would have no problem operating within a six foot setback and wouldn’t, wouldn’t touch the neighbor’s land. We’ve actually had to build fences before. Where? Where we were fencing out bulls.

01:08:47,800	And our only choice was to fence it from the inside, which is kind of a trick just with the barbed wire fence. So putting up a building right on the property line, um, I guess in the absence of an easement or something for the future is real problematic to me.

01:09:05,900	And the fact that there was a six foot setback established some time ago, and the ability to change the shape of the building, do a survey, find the exact utilities. I’m not seeing sufficient hardship at this point to allow that. So I’m a hard no on it. Thank you. Commissioner Conley. You had something.

01:09:31,000	Um, Mitch, when was the subdivision originally established? Because some of these close properties could be, um, grandfathered in. Those buildings that I was seeing could have had a different setback at the time. I see in 1973 on this page, um. On the on the big layout. Yeah. That sounds about right, commissioners. It’s, uh, yeah, there would be the grandfathering in is is basically from our ordinances.

01:09:53,400	No. Um, there’s only about 138, ah, ten lots in the CTA area. So this is going to come up again. But, uh, yeah. So I, um, that’s about all I can say on this.

01:10:15,530	I, I would recommend to table it until maybe he can find that lot exhibit, and we can determine how far away from the lot line to those utility lines and how much room he has left. Uh, Commissioner Patrick, you got something? I want to move to deny. Uh, based on conflicts with the county ordinances. Good. Is there a second? I’ll second for discussion and add some context.

01:10:35,070	Um, Commissioner Patrick has, uh, has moved to deny and seconded by Commissioner Conley. Is there any discussion on the motion? I go, yeah, Commissioner Conley. There’s been a lot of big movement on this. When I talked about the extraterritorial area.

01:11:00,670	Um, it’s been a discussion that’s been around we learned since 1929 the, governance of it was established in 1977. Your subdivision good, bad. It is in one of the. It’s going to be an interesting discussion. If we tabled it. And all of the answers that they’re looking for, it could potentially drag on.

01:11:22,000	So what I would say is answer some of those questions and um, see if it’s workable within plans that you come up with. Um, I don’t I can’t speak for the other votes or anything, but, um, it’s just a lot to overcome. And thinking about the safety of people in the future and that so. Okay. Uh, just a just a, uh, point of, uh, procedure.

01:11:46,730	Uh, we can’t table, uh, if we wanted to do that, we we should have, uh, moved that before we close the hearing. Moved to continue the hearing. So we either have to approve or deny. Um, at this point. So the motion is to deny any discussion. Seeing none, we’ll move on to a roll call. Vote. Mala.

01:12:12,230	Okay. Um, I need the reasons why we’re denying this. So I have them. And, Commissioner Patrick, do you want to. Yeah. What are they just. the reasons why. You noncompliance. Okay. Okay. All right. Um, the motion is to deny the variance due to non-compliance with the Berlin County ordinances. Okay, Commissioner Conley. Yes. Commissioner Jarrett. Yes, Commissioner. Patrick.

01:12:57,570	Yes, Commissioner. Rich. Yes. Commissioner. Small. Yes. Commissioner. Styrofoam. Yes. And Commissioner Bittner. Yes. And. Chairman. Yes. Okay. The motion is to deny us past. Okay. The human variance, uh, is, uh, recommended of, uh, do not pass. That is all of our public hearings for the evening.

01:13:28,600	Now we get to move into the, uh, draft amendments to the certain districts. So this is a, uh, a continuation on the discussion that we had at the last meeting, uh, trying to get the the county ordinances, uh, massaged into, uh, into a effective ordinance. Uh, when we start pulling in the ETA portions.

01:13:52,800	So, Mitch, if you want to take us through this, uh, these and and I believe as these are presented to us, these were our recommendations from last meeting, correct? Yes, yes.

01:14:22,000	And you’re looking for us? Uh, the the action from tonight would be to, as I understand it, go over these, uh, give it one more read through and then call for a public hearing on this. Correct. Right. Uh, commissioners. Mr. chair, the highlighted sections are the additions that we want to put into it. And there’s the ones that you guys recommended placing into the ordinance. Uh, I do have some minor changes.

01:14:40,700	The first one on the first page should look like this up here. I, uh, I forgot to, uh, cross that. Out. It’s basically just this is, uh, for article three definitions of buffer yards. And, um, we do not have any buffer yards in our ordinances.

01:15:02,830	We they we need them desperately need them in residential areas next to commercial and next to industrial. I can give you a good example is up on, uh, 83 at the ranch, uh, in the front there were that undeveloped lots there. Those are all commercial. And the one on the corner is actually designed for a gas station.

01:15:21,530	And so you’ve got these residential houses right next to their with. No, there would be no buffer. No, no protection, no privacy, nothing. So that’s what we we this is for uh, basically for industrial, and commercial use next to, uh, residential or uh, for an incompatible land use.

01:15:50,100	But this, this part here that’s been it’s been, um, crossed out that is actually in the, uh, C district and the I district, it would not go into the, uh, definitions of article three. So what you’re saying is these this all this yellow right here only goes into C and I. Except for. Yeah, except for that first part where it says buffer yard up here. With the pud.

01:16:14,570	This far right there. Yeah. This part I would not I. Would just go okay. Um so any questions on that. Chairman. Uh, yes. Commissioner small. Uh, so you got buffer yard here. You’ve got nothing saying, you know, a distance or. a o an area or a size.

01:16:41,300	It’s in the, um, it would actually be into the, uh, like, um, staff report 716. You see the table at the very bottom. That’s what we would follow. So we would we would keep the, uh, that buffer yard, that first paragraph, and then the, the table on the bottom.

01:17:03,700	No, the table in the bottom and all the all the parts that’s crossed out will be in the actual each, uh, the commercial district and the industrial district ordinance. Okay.

01:17:25,130	So that we can reference them directly when, um, we’re referring to it, it’s, um, we I also include included the minimum width of the buffer yards ten feet or as determined by the Berkeley County Commission. Sometimes we get the special use permits for gas stations, um, for anything that’s in the industrial. And so we may we in some cases, we would want to buffer a 50ft, even 100ft. Okay. Any, uh any comments? Yeah. Commissioner Conley. Well, I.

01:17:52,830	I like how you referenced that, Mitch. Thanks for that. Because when we were going through, like, the, um, uh, data centers and things, we have buffers mentioned in those and they’ve come up with other reviews. We’ve already gone through. So if we don’t have that redundancy, it can get us in trouble. So thanks for mentioning it. Um.

01:18:13,170	Anything else on, uh, the buffer zones? Buffer yards? Okay, okay. Moving on. Article six. Incidentally, use minor home occupancies. We’re crossing out the first section that is the original. We’re crossing that out and we’ll begin with the following and declare to be customary home occupancy occupations.

01:18:36,630	And they have all the list right there. This is all the original. Now we are going to add section three minor home occupations. This is allowed by right in RR and AG zones. A minor home occupancy occupation is any home occupation that meets all the following criteria.

01:18:57,930	And so it has all those listed down one through nine point C. So it’s one or more, um employees. You can occupy a 50% of the home and 100% area of an accessory building for this, um, home occupancy. Um. You can have a one foot non illuminated commercial sign on the premises. Um, visits from customers are accompanied by appointment only.

01:19:35,330	You can have the two vehicles, um, occupancy of the trailers, equipment associated with the home occupation must be parked in an orderly manner. Um, no. No commercial vehicles, no storage of any flammable liquids, etc., and no adult entertainment center. Mr.. Mr.. Mitch.

01:20:06,830	So when I look at the first page, the, uh, customary home documentation occupations, those are just examples. Exactly. That’s because I looked at the list. I said, boy, there’s a lot of other things somebody could do in their house that would like to allow, right? Yeah. These are just to give a basic an idea of what, what. What other things would be allowed.

01:20:24,670	Yeah. The thing is the difference that in the existing one is that it allows one additional employee and, um, it. Allows visits customers to patients for appointment only, doesn’t allow sales. So it would be similar to the existing where there’s no on site sales, which we do allow through the internet.

01:21:01,800	We have multiple homeowners that are they’ll sell guns out of their gun products out of their home, but there’s no transfer of product. They don’t come to the house to pick it up. They pay for it over online, and they pick it up from online. That’s how that works, and that’s how this would have to be.

01:21:19,930	So there’d be no online sales allowed, no products, that sort of thing. And it looks like we are the, uh, so the, uh, CDL, I guess, uh, so basically affecting like trucks and things like that. If it takes a CDL license, you can’t drive it there. Yeah. Okay. Uh, yeah. Commissioner small.

01:21:41,830	Okay. On the on the no more than two vehicles. Is that just the business vehicles. Then associated with the home occupation. Associated with the home occupation? Okay, where are we at with this CDL thing now? Uh, yeah. Next page, page five. Yep.

01:22:07,400	If it takes a commercial license, um, no vehicles associated with home occupations which require that CDL can park overnight. Well, that and that. That’s not if you got to pick up and trailer, you still have to have a CDL. I mean, I get the whole semi thing, but. A commercial license for a pickup truck? Yep. Anything over £26,000. So. Well. Okay.

01:22:29,370	A trailer that has three axles like a £20,000 trailer or a two axle trailer like a gooseneck and a 10,000 £9,000 pickup. Whatever. Anything over 26,000 requires a CDL. So that’s that’s not going to fly with me. On a on. So this is under home occupation.

01:22:49,130	So I guess maybe just what would what would be some examples I guess um, of of a home occupation where you would have a, that large of a trailer and a pickup, I guess just what would be. The £26,000 trailer? Yeah. Well, that’s. Because. That Mr. Chairman. Yeah. Yep. Go ahead.

01:23:07,230	There’s a lot of examples of that. Yeah. I can point to my own. Yep. I have I’ve, I’ve operated a business for now 39 years out of my place. And I have more than one vehicle that requires a CDL and quite a few businesses do. Um, whether you’re a landscaper or a or whatever.

01:23:35,600	Um, you you exceed that in a hurry. And like Commissioner Small said, I understand semis and such, but I used to park semis here to, you know, so I would have a problem, especially with I have I have no problem with that kind of a requirement in a subdivision that’s full of small lots.

01:23:56,970	I understand that, but in my case I’m like 18.5 acres and completely surrounded by trees. And so it, you know, and, and mine is ag zoned. So the fact that it says up there above that it’s ag zoned included, I also have a real problem with that. Yeah. Thank you. Uh, Commissioner. Yep.

01:24:18,830	So, Mitch, is that then where major home occupations come in? Because I can see there’s more employees. There’s your major home or that’s requires a special use permit. Oh, that requires. But it’s. Worded the same. It says allowed in RR. It’s a lot. You’re right. Excuse me.

01:24:39,830	In the RR in the ag district, major home occupations are allowed to. So that would be the difference maybe between because I the there’s not enough. employees for either I, I. Think what. Yeah. What is the difference between the minor in the major. Yeah. What is the big difference. Because they’re both they’re both allowed in RR and A. You can have up to um three employees.

01:25:01,500	In the minor major in the major. Okay. Does it say in there that it’s allowed by right, or is that a. Yeah. It says permitted by right. So there’s not. Yeah. The special use permit. No. Yeah. Excuse me. Yeah. Mr. cherry it is.

01:25:24,570	That would be required in any other district besides RR and AG. The it does also allow uh one. Oh, what is it now? No more than one vehicle associated in the home occupation, which requires a commercial or CDL license. So you can park one, uh, commercial truck. There so that. Okay. Yeah.

01:25:46,930	So that changes from no CDL to CDL. So if you have the if you have the requirement to have a CDL, then you actually then you start falling under the major. Mm. It’s CDL or more than one employee. Right. You can have a three. If I mean the way this is written, you can have up to three employees.

01:26:03,430	In in minor. It’s one. Yes. So if you have to go over one or you need a CDL, then you just then you fall under major home occupation.

01:26:16,970	So I don’t know if we want to keep that or not or if we want to just take that CDL piece out of out of the minor or leave it in, or how do we want to do that? Well, Mr.. Chair, yeah. Commissioner Shafer. So the confusing part is that both of these are allowed in RR and zoning districts, as permitted by. Right.

01:26:33,530	So so how are you going to differentiate differentiate between minor and major as to what a person person is operating under when they’re both permitted by. Right. Well, the minor is allowed by right in a AG and and um ag and are are the the RR the the major is allowed by special use in other districts.

01:27:00,100	So it’s kind of it defines the use um, it kind of this is what the city came up with. And there’s existing ones out there right. Now. I’m kind of following their guidelines, so we don’t have to come up with something new and then make make changes to what is already in place. Mhm.

01:27:16,270	Um, I have a problem with a number of employees. Um, it’s, there are some people that are not going to want this next to their house, but it’s an allowed use. It’s allowed. Right. When you bought this house and after the fact, here comes somebody with with a roofing company or landscape. I mean, it changes. It will change the, the, the face of this use.

01:27:37,930	Because above three then you’re in a commercial. Right. So you’re now you go minor major and then you’re rezoned commercial. Yeah. Okay. Or you stop at three okay. Gotcha. Commissioner Conley. This is some of the ETA discussion. Again, there are a lot of landscapers there. They have 1 or 2 employees.

01:28:00,930	Um, the commercial cost of storage in town drive those rates up. A lot of those rates are transferred to the customers. Um, if we want to have choices for people, um, and their property is not to go down based on the revenues they’re able to generate as residents and things.

01:28:21,500	That’s why some of that ebb and flow between what was in the ETA. This was a long discussion. It was over seven months. The city actually did not want to loosen the constraints that they had.

01:28:40,930	Um, but I, we heard discussions to where people were paying between 60 and $300,000 a year for storage, and not everybody can afford contractors that charge 150, $300 an hour. Um, so it’s still regulating it. This is the least restrictive that we know of in like a five state area.

01:28:58,470	There’s a lot of people here in that discussion, like the Tyson Austin’s like the people that were here at that first meeting. Um, but, uh, clarification on the CDL or in that, uh, if it’s, um, can we add like 1 or 2 words to the CDL that would make it, um. Are you talking to minor or major. On the minor? Minor? And what would be the words or what would be the.

01:29:22,770	I had them for a second and then they disappeared. Oh darn it. But, uh, that’s some of the backdrop of how that discussion is, um, but. Uh. This. Yeah. Mister chair, this is this is one of the most aggressive, incidental uses in five states.

01:29:40,800	Nobody has these kind of ordinances. They may like it, but they cause or they cause problems. We’ve got over 15 violations that were handed to us from the city of Bismarck on these home occupations. Of violations of. Violations of too many employees, stuff on the ground. It’s and it’s yeah, they just they just left it here it is.

01:30:01,370	It sure is not Burleigh County. So this these are not just the magic. Magic answer to all this. Yep. I think I think that you’re you’re you’re redefining residential use. Yep. On on the um, so back to just going back to the CDL piece.

01:30:22,330	Are we okay with leaving it on the minor? No CDL traffic. And in the major leaving it that you can actually you can have one CDL. Are we okay with that or do we want to change that in the minor? Also I’m okay. Not not good for me. So you need like you’d like to see it. How Commissioner small. Well when you talk about eg.

01:30:40,470	And that’s the other thing. And I think maybe you guys clarified some of this the last time. But if this is county wide zoning, how does that apply to ag people? There are many, many lots that are inside this. Even in the ETA that are zoned AG next to right adjacent to a residential. Okay.

01:31:00,300	They just happen to be ten acres. They’re not like a big. One, I think. I think what you’re asking, Jim, is this going to affect a farmer? All that way? Sterling. Exactly. Yeah. I could see that question too. Absolutely. I don’t I mean, we don’t want to regulate farmers like they they’ve got 15 commercial vehicles on there.

01:31:19,730	Perch, you know. Yeah. I that’s the problem we have with the rural part of our ordinances and the rural part of our zoning. Now we’re going into this urban area and we’re trying to re re reconfigure our zoning for to allow to consider the urban effect.

01:31:39,770	So I guess kind of to maybe to to ask the question for Jim or kind of summarize this, will this if we if we do this, does this I mean since it’s affecting ag areas, does it will it affect some farmer out in the non-urban area? Well, as I read it, it seems like it would.

01:31:57,430	But yeah, it’s yeah, we’re not we’re not separating these ordinances for the county and the ETA. Yeah. That’s not that’s not. Working, Mister chair. Right. Yeah. Yes. Um, but Mitch, this proposal is a sitting before me is far more permissive and lenient than what the county has currently for. Oh, absolutely. We don’t have a major occupation.

01:32:19,730	Yeah. So it’s it’s a lot of progress, even if it’s not going to be perfect. Yeah, yeah. Commissioner Patrick. Well, first of all, I agree with Commissioner Small. I think we need to take CDL out of the minor. Uh, but the other part of it. Mitch, I have a question on related to.

01:32:36,330	Oh, you’ve got minor where you talk about permitted by right. And you got major permitted by right. And then you’ve said that special use permit was required for. Any other district. For the major. Yeah. In any other district. Yeah. Okay. So why isn’t it just say that special use permit required every. Why does it.

01:32:57,130	Say that. Why doesn’t it. Meet on the major? It does. It’s just. Right in the, uh, in the first paragraph of section four, uh, all other districts as permitted by Sep, which would be special use permit. Yeah. We’re at where was that? Uh, under. Section five, page five.

01:33:16,900	It’s in the first, um, it says permitted by Sep, which, yeah. Yep, yep. Page five. I don’t see. It. Right here. Permitted by CP. Oh, okay. I missed that. The acronym, the acronyms. But the. Yeah. Sorry about that. The, uh, uh okay.

01:33:39,400	So anyway, do would it, would it change things if we said that, um, we just trimmed this down to say this is RR district and not EG. Which section. Which section is. Well, the minor and the major. I’m just I’m just here to ask the dumb questions. So what if what if we just said we took AG out of both of these.

01:33:56,630	What would what would that affect. But what would be the. Because then it would be allowed, then it would be allowed in RR. Um, but right. Not in Mr. Chairman. Yeah, yeah. Go ahead. Uh, Mr. Bittner or Commissioner Bittner. Yes.

01:34:15,130	Well, I could agree to that myself, because my concern is opening it up a little bit too much in the residential areas, because that’s different. You know, like I’ve said, I’ve got a large lot, very large lot, and it’s surrounded by trees. You can’t. Nobody can see what’s going on in here anyway. And plus, my business has been in operation for 39 years.

01:34:34,930	Zero complaints. So I think removing AG from it would certainly address my concern. And Jim. Well it definitely would help. I just I just don’t want to stop somebody from starting a business because you don’t just wake up one day and say, okay, I got an extra $300,000 to go into City of Bismarck and buy

01:34:58,000	or rent a building and then start a business. It just doesn’t work that way. I mean, myself, I use my farmyard as as my business yard. Yeah. If I had to come to town and rent space in town and pay those prices, wouldn’t we wouldn’t be working.

01:35:18,300	Oh, and I don’t want to stop people from doing stuff like that. So and I’m also watching out for the AG guys, because if this is going to be county wide, it’s like now all of a sudden your neighbor gets mad at you and he says, turns you in to Mitch at the at the planning department says, yeah,

01:35:31,700	he’s got two semis in his yard and his wife is is baking cakes in her in her house. Yep. Yeah. I don’t know. I mean, it’s, it’s this stuff needs to stay the hell out of the county.

01:35:49,830	So, so if we, if we just back, if we would back the ag piece out of minor and the AG be sort of major, does that make everybody happy? Okay. All right. Let’s take that out. Can I add something. And the and ag peace and the and ag peace out of uh minor and major. Any other peace. Yeah. Go ahead Mr. Conley.

01:36:10,430	Could I meet with you, Mitch, and talk about the 15 violations that are handed over? Because I can I can email you the list, okay? Because some of the reason why the discussion ended up being pushed is a one man sanitation business with a trailer was all

01:36:28,830	ready to go with building a building so we could put them all inside. And once zoning found out that it was a home occupation, they said no to the permit.

01:36:47,870	So if neighbors were complaining about vehicles and equipment being outside, and that’s part of that complaint list, that’s kind of something I’d like to take a look at it in vet if I could. So I’m just. Yeah. Mr. Commissioner Richmond, are, uh, Connelly and Mister Chair. I’m just saying that a major home occupation. The way this is written could change the face of these subdivisions. And you wouldn’t as a neighbor.

01:37:08,200	You wouldn’t be allowed to do anything about it. Now that you bought your. home becomes. Here comes somebody to to. I’m not opposed to somebody starting a business. That’s that’s the the pioneering spirit of America. Get in there and go to work and create your own business. But it’s at the cost of your neighbors. Could be a problem.

01:37:25,800	And it’s, um, I think that the major occupation could be by special use. If you want to consider that. Well, it already is. No, it’s allowed by right. Oh. Oh, sorry. In our. In RR. Yeah. Okay. Uh, Commissioner Bitner, do you have something? Did you.

01:37:46,570	Well, you know, the thing of it is taking out the ag. You know, the and ag. I’m kind of biased, right? Because that that addresses my immediate concerns, but I don’t I have a real problem.

01:38:06,330	I don’t want to see a business the size of mine or the size of Commissioner Small’s real small business guys, but I really don’t think it’s appropriate to have that in a subdivision in the county. And then when you consider applying to the entire county, there’s a lot of farm guys that got, um, dump trucks and semis.

01:38:21,400	They’ll haul gravel and they’ll do all kinds of stuff for people. I just don’t think it’s quite ready for, um, passing at this point because there’s, there’s I don’t want it to look like we’re doing something that benefits me. I’m just one guy out here. And so, um, I’m just not comfortable with the notion that we’d be allowing a pretty big, uh, a business thing.

01:38:47,930	It was started with the right intention, and I was part of those discussions. And that’s why some of this is in there. But the more I think about it, you know, you really shouldn’t have a business side of mine in a in a one and a half acre subdivision.

01:39:02,300	So can we have, uh, so then just that brings me to, uh, maybe another idea is that then can we just say the minor stays the way it is in RR? But the major has got to be. Only by. Right. Everything else only or.

01:39:25,370	I’m sorry, is it like AG only and not by special use? Or what do we. What do we think in here. Because. Well, as you. Brought it. Up, answer that a little bit.

01:39:40,930	I think if you’re a I think if you’re a major use in a residential subdivision, you really should go through a special use permit process to make sure your neighbors are are informed and and okay with it, because at the end of the day, it’s the neighbors that we hear from, right? So basically saying the major piece would be it’s allowed allowed in RR and AG. Or excuse me in RR by special use with the in the major piece, right.

01:40:01,030	In the major. You could just take out the three words in our R and just have allowed in a zoning districts as permitted by right, all other districts as permitted through the Special use permit. I think that would address neighbors concerns. Sure. Okay. Yeah. Only three words out and then add in. Only on the major, though. Yep.

01:40:25,130	Leave the leave. Okay. Gotcha. I’m not sure that was clear, Mr. chair. I think what we’re trying to do is allow allowed in our our district. Nothing about AG but allowed in our our district by special use. Permit allowed in ag zoning districts. No. By right. No. By right. No.

01:40:44,830	We don’t want to include our our ag district. Allowing it by right though right. I do. Isn’t that. Yeah. Well it’s it’s limited to one semi. It’s like.

01:41:05,800	But then that would mean if you’re not eg you and you want to do a major home occupation, you have to get a special use permit. But if you’re an egg you can go ahead and do it. You just do your business in egg. Right. But but you’re going to have to take the limits of one CDL. Vehicle. No, on a. Y. Because it’s that’s the way it’s written. If it’s by right one to all of this stuff below it not apply.

01:41:28,630	Item ten. I guess I guess really how do how do we get it to where if you wanted to have a major home occupation in something that’s not egg, that that’s going to require a special use permit. I guess that’s what I’m what I’m hearing we want to do. I don’t know how we heard that, but.

01:41:45,700	I got. A question. Yeah, yeah. Commissioner small. Yeah. Um. Major home occupation. So is a landscaping guy a home occupation? Because his office is in his house. I mean, is that what we’re saying here? That would fall under that, right? Yep, yep. It’s a business. Business small business. You’re talking about small business? Not necessarily home occupation.

01:42:14,000	Well, it’s the it’s related. It’s related to the home. It has to be a home in there. So. And yeah, Mr. Connelly. With the history, uh, Commissioner Small, actually, prior to our last zoning meeting, the county was way more restrictive than what was adopted here.

01:42:34,470	And the city was way more restrictive 18 months ago. And as Commissioner Bitner was saying, he was part of these discussions. This room was full. And sometimes he. So this was a step away from the restrictions by a large part, not, uh, so and now the vetting occurs because of 15 grievances or, um, those type of things.

01:42:59,400	If we could trust everybody, um, to do the right thing and be good stewards of their property and things, none of this would be necessary. I think that’s a the US Constitution that comes in Federalist number ten. Um, and stuff. But people aren’t angels.

01:43:19,770	Um, so the fact that it’s the least restrictive and then adjusting, but, uh, if that helps, I don’t know if it does. So I guess. To well. Previously when I was on the planning Commission, the city had all kinds of rules that they weren’t enforcing in the county anyway.

01:43:38,100	So they, I mean, they, they didn’t have any teeth. The city cops couldn’t go out in the county anyway. I mean, I suppose they could, but I mean, there was nobody enforcing anything. But I was on the planning commission for nine years trying to do some, some of this stuff with this and, and, and the city really couldn’t do anything about it.

01:43:55,470	I mean, they’d hand it maybe to the sheriff’s department, but unless it was real bad, I mean, I had neighbors complaining about their other neighbors to me when I was on the planning commission, because the guy was parking a bunch of vehicles in his five acre lot, and nothing ever became of it. Yeah, and.

01:44:11,970	The levy fines. Yeah, yeah, they couldn’t levy fines. Yeah. So to give to give Mitch the okay, what we want for verbiage, what I’m hearing is in minor home occupations. Just take the EG zoning out of there and just say allow it in RR as permitted by right. All those spaces for minor in major.

01:44:36,600	I’m not exactly sure how to word this, but saying that it’s that it’s you can go ahead and just do it in AG, but every other every other district, you’re going to have to get a special use permit to have a major right. Mr. chair. You’re just. Mister Chairman. Yeah, yeah, yeah. Minor. Yep.

01:44:57,900	Yeah. In the minor home occupation. If it’s allowed in RR and AG zoning is permitted by right with if if you’re removing ag zoning, would that mean that minor home occupation is not allowed by right. Now. Thank you. Chair.

01:45:20,330	The way way we began with a minor occupation. It was that we were going to take out the ag districts just to eliminate them. And they’re just they’re not even required to have a minor. Home occupation. If you wanted. If you wanted to do it, you could just do it. Right. Yeah. Okay.

01:45:37,470	And then in in the major, I think if you begin the sentence with a right under section for allowed in AG by right, as permitted by rights, all other districts permitted by QP don’t don’t put anything in there about RR or anything. Just as a begin the sentence as allowed in AG by right as permitted all other districts permitted by SCV.

01:45:56,630	And that would mean that if someone in AG wants to have a business and they have five trucks and they got 15 employees and they’re an egg, they can just do that, right? Well, we. Yeah. Mister chair, you’d have to strike out item ten on page. Six.

01:46:15,830	But is it a I guess how do we get it to where? How do we get it to where? AG is not affected? Because it’s really I mean, there’s or is a is a farm or a home occupation. Can because if they are then well then they’d all be out of compliance.

01:46:35,630	Under article six. Incidentally uses under the section two home occupation. Um, right below that, can there just be a mention for eg. Exclusively as permitted by right. Because then it’s not subject to section. Um 3. Or 4. Also in uh under. section it out under that that number section of section two.

01:47:10,830	Right home occupation. And then just a disclaimer of um, uh. Agricultural business. , home occupation, um, allowed by right. And zoning districts or even more so you get the allowed in eg zoning districts as permitted by right. Just add that add that to that first sentence.

01:47:46,130	, because then the subsections three and four are defined within eggs taken out of both of them, because egg would predominate over all three of them. Okay. Uh, Commissioner, you had something. Yeah. Uh, we we have a current concern in the county where there’s a property zoned AG and running a commercial business.

01:48:12,900	So at what point does it turn from being a major home occupation to being a commercial business? I think that that’s going to be important for us to somehow get figured into this whole deal, because nobody wants to live next door to someone who has 2 or 3000 people coming over the weekend when it’s not ag related, when it’s an actual commercial business. Yeah, okay.

01:48:33,730	Well, it starts into a home occupation by design. The definition is permitted. A dwelling and a dwelling. And this far this AG has to have a dwelling. Uh, any occupation customarily incidental to the principal use of the dwelling. They live there, they get up, they go to work, they come. Home. They park their stuff, and they go.

01:48:56,070	To bed. So that’s that’s how a home occupation, if you’re talking commercial, you’re inviting the complete stranger on your property. You’re providing services for that, whatever it is, or you’re selling stuff or whatever this is. This is different. This is it’s primarily connected to that, uh, dwelling, dwelling, uh, primary dwelling. So that would be commercial or PUD.

01:49:20,570	Yeah. I mean, commercial straight or commercial you it’s commercial is hard to find. You know it when you see it though. So it’s kind of it’s everybody comes up with something new. But this has is tied specifically to a dwelling, a home. Okay.

01:49:40,870	So with the, with the, with your suggestion, Commissioner Connelly, of putting that in right in the the in the first small paragraph of section two, home occupations, it just says the home or home occupations are allowed in AG by right.

01:49:59,230	And then and then we go down and then you just take it out of minor and major and you just don’t mention anything about AG, right? Does that does that get us to where we want to be? I don’t know what. Yeah. Commissioner Small, I it is that it seems like. That limitation. That would be the question. Well the section. And the employee limitation to.

01:50:24,600	Mister chair sections one through nine point C define that occupation. It defines what is allowed. If you just I mean, at first we wanted to strike out totally strike out ag district from minor home occupations because. There. That’s over regulating ag land. There’s many people have a farm that has semi trucks on them. Um.

01:50:50,230	And so it’s we’re not we’re not want it. We’re not wanting to go after that type of situation. This is more of a residential. Use.

01:51:06,270	And I, I kind of get into like uh, that situation which and I know it happens all over and it’s, you know, I don’t know if it’s claimed or not, but it’s, uh, you’ve got one of the, one of the people is a farmer doing farm things, has farm employees, uh, has all sorts of equipment, trucks, all of that.

01:51:25,930	Um, maybe the other the, the the other half of that, uh, that relationship is, is running some sort of a business, a side hustle out of the out of the, uh. Uh. The Winter house. Yeah. Is that a home occupation? Is that commercial? Is that just ag land? And do what you want. Where does that fall? Because it happens a lot. Yeah, I’ve.

01:51:51,130	I’ve never had received any complaints on somebody running a in the wintertime, like sheet metal business out of, off of a farm. I’ve never had complaints on that. It’s it’s more tied to these residential properties. Because I mean, people running side hustles. There’s a lot of people that that do that.

01:52:10,600	And they do them out of their house. Maybe they’re 3D printing stuff and they’re, uh, you know, running that business. Maybe they’re doing all, all sorts of other things. Uh, but to me, if it’s in if it’s an ag district, I’m not sure I really care.

01:52:26,930	So how how do we write this to say, go ahead and do that. We’re not going to regulate you. In the ag. Zoning, in ag zoning. Then. You just strike it out of the district as a permitted right. Not even included in this incident. Of course. Okay. I mean, there’s going to there’s going to be problems over there.

01:52:44,670	Whatever you decide on this, because there are many, many ag lots in the middle of R-1 districts or near them that are their ten acres. And like like you said before, there’s, uh, that’s that’s something that we’re that’s Bill we got to swallow with, uh, with getting we have land that is close to city, and we

01:53:02,200	have land that’s far from city, and and you can’t really create two districts, or we’re not creating two districts. So, uh, how do we get it? So that so that it is less restrictive? The, the I would say either the higher up in, in, uh, zoning you are, that you get less restrictive.

01:53:21,330	I think that’s really what everybody’s looking for. Oh, not not just at this table. But also. Um, I can see both sides of it removing the egg. And then when the problem arises, all of a sudden it gets addressed pretty intimately or intimately. Not. That’s not the word right away.

01:53:45,930	Um, but, uh, um. What if it’s by right? People take give themselves permission when something’s not even a little bit of a notation. So that’s the concern. If they try to slip under the radar a little bit. So I mean, I’m comfortable with either one.

01:54:19,000	Um, even with what I said before below section two, even if it’s between article six, incidental uses allowed in eg zoning districts permitted by right. And it’s not even under the home occupation designation, but at least you got like a footnote, like then we can go into something if a problem arises. Yeah, I don’t know.

01:54:43,170	It just seems like the more we talk about this, the more I want to just take egg out of this incidental uses and just say. That just. It’s a that’s that’s my thought. I don’t know what what’s what’s. Mr. Chairman. Yeah. Commissioner Bittner. Mr. chairman. Thank you, Mr. Chairman.

01:55:02,800	I think you’re right about that because this whole thing started because people were operating businesses and subdivisions. I’ve never heard anybody talk about anything going on on egg land. You know, the guys that are out there running semis for their grain operation, they’ll add a gravel truck because they can get more use out of their semi.

01:55:20,870	And the same thing with dump trucks and guys use their loaders that they use to clean the feedlot, then they’ll go and do snow removal in the winter. Nobody’s ever talked about a problem with that. It really started with rural subdivisions, small acre lots. Thank you. Yeah. Uh, Commissioner Patrick. Yep. Um. I just want to say, uh, Mr..

01:55:42,870	Commissioner Bitner mentioned, uh, well, not hearing about something in the small lot. Um, lots I live on are like two and a half acres or a little less. And, uh, a number of years ago, there was an individual with a CDL. They came out and was parking his truck in his backyard. And. Look, hang on. Um, Commissioner.

01:56:04,170	As members of the community, we got together and we had to go to an attorney and got it stopped. And this man didn’t didn’t know it. But what he did, he did destroy the septic system, uh, that the next neighbor or that that the next property owner had to go and redo? Yeah. Mr. chairman.

01:56:20,130	Yeah. Go ahead, mister. I should try to be clear. I didn’t say I didn’t think I was saying allowing that in a rural residential area. I said, I have not heard of a problem on an egg owned property. I have heard of all the problems in the subdivisions that that is the problem.

01:56:42,630	Okay. So how do we learn this? Sorry for the. Yeah. How do we word this to to take AG out of this so that we’re not. don’t we’re not regulating incidental uses in. AG. Mr. chair. Just remove it totally from the text. Okay. And. All right.

01:57:01,870	Major, um, for both minor and major, for the major home occupancy, just allowed in RR district by special use permit only. Yep. Okay, so minor is allowed by right. Major is allowed by special use permit. And that’s RR on both. There’s no mention of AG. That means that if you want to have a minor home occupation or a major home occupation, your ag district, go ahead.

01:57:26,500	Major, it will be all districts. Thank you. Thank you, Mr. Chairman. Um, can I ask another question? Yes, yes. Go ahead. I apologize because I really gotta get going. The wife is is on me for a date night here. Um, but are we going to.

01:57:47,270	Are we going to ask that the the text comes back to us at the next meeting. Are we going to look to pass this? I really think we should because I got I just have a feeling that we’re we’re only into the, the first portion of it and we got a lot to go. So I would say we’re probably not ready for a hearing.

01:58:01,630	Mr. chair, it would be my recommendation just to get these this text, uh, corrected tonight. So where it’s halfway passable and then we’ll set it for a public hearing. Okay. Excuse me, Mr. Chair. Thank you. That’s the clarification I needed, because this was the big one to me. Yeah. And I’m going to have to bail out gentlemen.

01:58:20,830	Okay. Um, do you have some. Any, um, changes that we make? Um, they will have to go through a consent agenda first. Okay. Before the public hearing. And when it’s put on the consent agenda, it should be written just how we’re going to put it in the ordinance. Right. And present it.

01:58:41,630	We can, but we can make changes after the hearing or during the hearing process. During the consent agenda, you can and you can make changes at the public hearing, but they should have 99% of the changes date variable. Yeah. You don’t want to make a change on public hearing number one.

01:59:03,530	And then turn around and public hearing number two. We’re going to make a different change. And then by the time it goes to the commission it’s completely different than what it was in the consent agenda okay. All right I think father we get through this, we can probably make that decision, you know, closer to the end. But yeah. Commissioner small.

01:59:19,500	So are we in a big hurry to get this done for any reason? Just powering through it. Yeah. No, no. No. I. Mean, really. As far as you know, having a public hearing and all that. So if we, if we waited another month, it wouldn’t hurt. Okay, let’s not get ahead of ourselves. Exactly.

01:59:36,100	Yeah. All right. Thank you. Okay. So thank you, commissioners I’m going to bail out. So, uh, we got we’ve got 7.1.3. Yep. Agricultural district regulations. Fairly simple. Straight up. Um, on page nine, you have portable storage containers, accessory solar systems and temporary sales of certain items are allowed by.

01:59:59,230	Right. Um. Excuse me. You’re allowed. Um, by right. Um, we will strike out item 18. So number 18 just goes away. Major minor home occupancy. Yes. And that’s it for the AG. All right. That makes that easy.. Break it out. Number 18. Number 18.

02:00:23,170	Because that actually goes to the on page nine. Because that actually refers back to the minor and major home occupations. Do we still want to keep heliports in there. Yeah. No I’m joking. Uh. So all right what’s our next one here. Exhibit 714 on page 13. There we are. The change start on page 14 for chicken hands and coops.

02:00:46,870	You’re allowed up to ten. Okay. No roosters. I think they. I think we covered that one last time. Pretty clear. Seems like we’re good on that. Uh, and then home occupation. Because this is this is under this would be RR. Right. Or what we call RR. Yep. R-1, because that’s R-1. Yep.

02:01:05,800	And so then this would match. I guess all we got to do is make sure that number 12 matches. The incidental uses, right? Yeah. The, um, the number 12 would have to be crossed out the major, because that’s by special use, right? We’d have to rewrite this as a minor allowed only.

02:01:26,630	Yep. So we just need to just change the wording on that one to match minor. And take out the three external employees, because that’s in the major. Make it a one employee. Okay. And everyone’s okay with the 13, 14, 15 and 16. Good there with childcare centres are special use permit. Yeah. Good. Oh yeah. Commissioner Sheffield.

02:01:55,970	Can I back us up to page ten for a second? Uh, sorry. We’re going back. I’m still on page ten. Yeah. What you got? We have number 24, eg recreation. Didn’t we just go through a separate ordinance for ag tourism? Yeah. So why is that under. It’s a special use. It’s just it’s listing.

02:02:22,800	It’s not changing. As you can see. It’s not highlighted. We we are allowed by special or special use permit only. Agricultural recreation. Is it. Did we call it ag recreation not agritourism. Right eg recreation. Yeah okay. And so we just put it under as number 24. We didn’t have its own special. Um, yeah.

02:02:44,170	Then then you have to refer to the, you have to refer to that in the ordinance because this is under a special use. So you would say okay that’s a special use. Now I need to go find that piece in the ordinance. And then that’s where all the call outs. It’s on foot. Noting the redundant. Yeah okay.

02:02:58,970	This is previously approved. So according to the meeting tonight, we should probably add shooting ranges here to. The shooting ranges. I mean, we have trap and skeet shooting ranges, but we could put a a what? Oh, yeah. You could put rifle range in there, I guess..

02:03:18,770	Then we would just have to we would have to then write a, an ordinance around that if it was under special use. Yeah. You know, and I think maybe just, I just thought of this. I don’t know if it’s a good idea or a bad idea.

02:03:35,330	Like I say, I’m full of bad ideas, but, uh, uh, could we actually put that on permitted uses as a personal shooting range under permitted uses? Because what these guys are talking about, they’re not talking about it’s not a commercial range. They don’t have. This isn’t the Bismarck Rifle and Pistol Club.

02:03:54,000	This is just, you know, this is Mike Connolly in his backyard. In his backyard, on his 20 acres. You know, shooting a gun. Yeah. Now, granted, you have to be responsible for, you know, a backstop, and you can’t be slinging bullets onto your, you know, onto property you don’t own.

02:04:13,130	But, uh, it could we put that in as just permitted use, but personal personal shooting range. We’d have to define it further. You’d have to get into. I mean, it’s it has to it would have to be defined in the definition of what is a private shooting range.

02:04:33,530	What is it? Is it for 30 rifles lined up or what? I don’t know, it’s, uh, it’s not in there now. It’s never been a problem. Yeah, maybe. Yeah, yeah. And and and if that’s if that’s the case, but I, I just, I think obviously a commercial shooting range is a, that’s a whole different story. Yeah.

02:04:52,130	That might really get into a pro to a conversation that leads down a uncomfortable road. Like it’s. Just the old police station shooting grounds was near the airport. Um, the one time they shot over the berm, all of a sudden, no more shooting range. It got relocated. Okay, okay. That’s that’s all we had in. Just a thought. Next up, I exhibit 714.

02:05:17,230	Is this R-1, right? Yep, yep. Okay, so we’re on page 14. Yep. Uh, on the changes. I think we’re good there. Right? Uh, down to the accessory solar energy systems. Yes. And and these portable storage. I want to explain that. Oh, yeah. Connects boxes. Yep. Perfect. And that is, that’s that is permitted, right? Yeah. Permitted uses.

02:05:44,000	Okay. Um, any other changes in our R-1? No. Okay. Next one is exhibit 7157.1.5 on page 18. Um, we changed some of the numbers from the old section. Um, lot dimensions. Um, requires, uh, have a main entrance at the park office. That’s part of the development standards. We’re talking about.

02:06:12,900	Mobile home park. Sure. Um, they should be. Mobile homes should be equipped to skirting, should be anchored to the ground for purposes of withstanding pressures. Is as according to the Berlin County, uh, Inspection department, clotheslines are have to be in the rear of the yard.

02:06:35,930	Uh, mobile home requirements of the gives you the dimensions of the minimum total home lot size. Um, height limits of 15ft. Setbacks. Front yard is 20ft from the front lot line. Side. Side yard to six feet. And the end of the mobile home is 12ft away from the rear lot line. Does this, um, does this include park model homes or park model campers? I should say.

02:07:06,170	Yeah, I would say it would. That’s still a that’s still considered a mobile home. Right. They end up being one. They end up being a permanent home a lot of times. Okay. Just a just a question. Uh, 2019 and 20. Yeah. Page 22 is the next one.

02:07:31,330	Uh, a lot coverage 40% of the total area of the lot can be covered by that mobile home. They’re allowed, um, storage. But I’ll get in there. Allowed an accessory building of 120ft for each lot. Um, enlargement, alteration of manufactured home park cannot exceed 10% of the total lots. Uh, in business uses, no businesses allowed public right of way.

02:08:02,800	Asked to bisect the, uh, manufactured home park community. The when it when it comes to the park, they could you can just reading that as I understand it, they can only expand 10% at a time. Yep. Once they expand 10%, then they could expand another. You gotta come back. Yeah. Okay.

02:08:22,470	So they they have to provide they can provide a storage building for private garage. Uh, but it can’t be on individual lot. It’s got a height limit of 14ft. No activities other than storage. Um, it goes into the building dimensions, uh, access ways for the storage of floors that shall be hard surfaced in site plan.

02:08:44,500	No community building or building shall be constructed until the site plan is approved by the planning department. Any questions? Mr. Chairman? Yes, go. Ahead, Mr. Chairman. Mitch, I got a couple of things. First of all, you know, it starts out in the head. A manufactured home. Then we started talking about mobile homes.

02:09:06,470	And a lot of these parks have both manufactured homes and mobile homes intermingled in the same place. I think you may be confused, Mr. Chair. Uh, Mr. Rich, you may be confusing. Manufactured with modular homes. I probably. Okay, okay. Manufactured home or mobile home or through the same thing.

02:09:26,600	So both describe the same thing, but they have the steel axle underneath the steel frame so that you can put the axles on and move it. A modular is one that sits on a permanent foundation that doesn’t have that steel frame. Okay, okay. And so we’re not talking about modular homes. Mhm. Yeah that’s not our fiber okay.

02:09:40,430	The next question I have the home occupations I, I get a little concerned about making this list. The allowable occupations in. You’re talking are RPG 18. Yep. R5 um dressmaker artist sculptor author, minister.

02:10:01,230	Um what if a guy wants to do it at home from his computer? That’s a good point because we have that at the last meeting and we determined that we would say we would add additional words like letting it. Be for similar or similar or something, because I think about I got a guy who does gun smithing for me in Mandan.

02:10:15,830	He’s right in town. It’s out of his house, stuff like that, you know? So how. about on the list? How do we get it to. Oh, I agree with you. But the how do you how do you get the list to include everything? That’s that’s the question. Or similar occupations. Just put it in there as or similar.

02:10:32,770	Yeah I’ll have to wordsmith it. Uh, somehow. And that would have to be on R5. That would have to be back in incidental use also. And it would have to be. Does that does that in R1? Is that free? Is that in there too? Right. Um, that’s in the R1 one.

02:10:50,930	Right. With the that that same list. Right. I think. Um. It has home occupancies, but it doesn’t have the list like this one in R5, but you have a short list that has the child care and portable storage and all that. But okay, I’ll have to wordsmith both of those. Okay. Yeah.

02:11:13,830	It’s kind of like when we talk about commercial, it’s hard to define sometimes, but once you see it, you definitely know what it’s it doesn’t fall in those lines. So we could put in, um, like even home occupation of, um, these examples. Yeah. Yeah. But not limited to similar examples not listed.

02:11:38,970	That’s to me sounds like a pretty good wordsmithing. Is that not limited to and kind of within with within similar I don’t know what just similar uses.. As long as your neighbor. Right. Yeah. And that is true. The only time you’re ever going to hear about it is if someone complains about it.

02:11:59,270	That’s come up. On the case basis. They’re in front of us and we can adjust. Yeah, I’ll wordsmith it on the next one. Included in the packet. Mr. Chairman. Yes, Commissioner. Rich, I just got another question on page 22.

02:12:19,270	Uh, under section eight lot coverage, it says business use is no business shall be conducted in any manufactured home. But we say earlier you can be a dressmaker. Uh. Well, um. I mean, the dressmaker that’s just working out of your home. The old little old lady. Yeah. You know. My grandmother. Uh, what? I think you’re right. Is that.

02:12:48,530	Is that when we say no, business shall be conducted? That’s, uh. Maybe we could just conflict that and just allow the earlier language to take. Care of it. I would be fine with that.

02:13:10,730	But, you know, if if we say that we’re already defining what businesses you your business, you can do, but, you know, we don’t want it turning into a you have your pulling your big truck in and you’re having people over and in and out. And you know that it’s. I mean, we could add no commercial business. So be conducted. That further defines business.

02:13:27,270	To me that that works because then you’re then you’re really treating R5 kind of like you are. Um, are one or RR basically because you’re that then falls under incidental use. Right. And manufactured home parks. There’s I think in our last discussion, Commissioner Bitner mentioned, um, uh. Just about getting to be a long meeting. Yeah. He shouldn’t have left.

02:13:51,870	I should have. Thought. I should have brought some liquid or something. Um. Uh, so my. No, don’t do that. Um. Um, with the manufactured home parks, there’s none in the county that I understand at this point, but it’s good to have some parameters around it because there’s a lot of corporate companies coming in buying

02:14:15,400	large lots, and the they’re coming in with 48 page leases and contractual law supersedes some of the local. And it gets really strange very quickly. So to have it in here is good because a lot of times they’re building streets within their complex. That is their property.

02:14:37,330	They maintain that and everything applies to the outside. But then you start having the traffic concerns and those. So, um, I some of it I think will kind of take care of itself over time. I mean, you could. Yeah. Mobile home park. Anyway. Mr.

02:14:57,300	Chairman, you can’t just say no commercial because then we’re back to minor and major, and you don’t want to have a minor or a major business, maybe a minor, working out of a mobile home. Um. I think it’s. Or do we I don’t know, I mean, it’s a question. This is from. Mr. Chair. This is from the old existing ordinance.

02:15:18,930	And so it was meant to not have any commercial business conducted in a mobile home park. Simply, simply put, uh, home occupancy is not a commercial use. That’s a home occupancy of a of somebody doing work out of their house, bringing their stuff, equipment home.

02:15:38,970	I mean, the major part is that you guy, you can have sales. It goes into that little rabbit hole of allowing sales, which is to me is district is straight up commercial. But that’s what. This do we want to on page? I guess there’s not a page number on here. It would be 22. Do we want to take business uses out.

02:15:55,800	Do we want to strike that and just let it rely on home occupation piece earlier? I think. So okay. Everybody okay with. That permitted it’s going to come through special use in that portion. I’ll get vetted. Out okay. Mr. chairman. Yeah. Yes. Mobile home parks are going to control. They’re going to have rules themselves.

02:16:18,200	You would most of them are going to say no. So I don’t know why we you know, why we’re making them a lot of time on this. Okay. But okay. All right. So we sold what you’re saying. Is, Mr.

02:16:32,670	Chairman, but to be fair, if they don’t, if they allow it, we should allow things. And if they want to be more restrictive, go ahead, go ahead. 100. But we don’t want to be too restrictive ourselves, right. Yeah.

02:16:46,130	Commissioner Conley, what’s up? At the same time now with this change, um, with the ETA, a lot of these type of, um, zoning, they’re going to be asked to be annexed into the city because of the density and the traffic and all of that. And once that happens, it’s off the county plate, too. True. So let’s. Do the development part. So keep keep be business use or not strike it. All right. Strike it Mitch.

02:17:11,570	, on page. On lot. section eight. Yeah. It’s, uh. Let’s see. It’d be section eight, which is I guess that’s kind of out of order. It should be section 12. Right? 22, page. 22. Section eight. Which. Yeah. Yeah, the B that says business uses. Yep. But that should that should also change to section 12. There. Mr. Chairman.

02:17:42,000	Yes. Yes. There is also two. Um, we don’t have any lots zoned manufactured home out in the county. So if they have to, if they want to change it to manufacturing or manufactured home, they have to come to this commission, um, through the whole process, zoning change process.

02:18:06,230	So at that time to you can add conditions to that. Good point. So and like they said, um, the mobile home parks, I’ve seen their lease. They are more restrictive than we could ever. Do. Which is is just fine. 48 pages. Yes.

02:18:31,670	Uh, so anything on page 23 or basically starting at section nine, I guess, which would be section 13. Um, uh, just on the numbering. Uh, there, Mitch, on 20 on. 22, the. Uh, yeah, section eight should be section 12. Section nine should be section 13. And then we have stuff. Oh, I screwed that up. Didn’t they? Yeah.

02:18:54,600	And then, um, going on to page 23, any other changes? Anything anyone doesn’t like on that in that highlighted area. I’m good. Yeah. It’s just development standards. Okay. Well and that’s come up before. And that was part of the ETA versus not ETA. Discussion is dirt versus concrete. And I’ve heard both sides.

02:19:23,100	Um I’ll kind of defer that to county commission kind of make that determination okay. And then we’re on to commercial. 7.1.6 page 24. Back to buffer yards. Yeah. This includes the very important buffer yard. Um, basically it’s, uh, required between R1 and X zone for commercial and industrial zoning.

02:19:45,000	So if a commercial business like up in the ranch wants to go put a gas station next to those homes, they’ve got to put in a buffer yard for privacy and for noise. And, uh, separation of land use. Further goes to describe the buffer strip of land. It defines it. Standards shall be installed according to these.

02:20:08,800	The metrics in these um, text boxes, uh, if it’s where it’s required as a side or your rear yard on expanding a higher intensity use adjacent to a single and two family residential uses or zoning minimum buffer is ten ten feet wide by six foot high. Screening fence, etc.

02:20:26,730	the landscape materials required every 100 linear feet is for shade trees and, uh, two ornamentals, or as determined by the Burley County Board. So this this is all the original. And starting on section three now uses permitted. That’s all original goes up to number 19. Temporary Christmas sales, temporary sales of certain items. Portable storage containers, accessory solar energy systems. That’s new.

02:20:54,470	And the, uh, the fact that this has portable storage containers means you don’t have to be commercial to have portable storage containers. It’s just a permitted use. If you are a commercial, you can still have them. Yeah. In the back ones. Yeah. Commissioner Connelly.

02:21:11,930	If it’s not written in the ordinance, um, is it just assume that they have to maintain the buffer to its original intent? Or do we have to put something in there? Uh, that. Well. You’re talking about maintenance, like ongoing maintenance. Okay. Yeah. That. Yeah, that’s a wee. So why I. Say because if you just let it die, right? We don’t have anything for landscaping in our ordinances, so it’d be just put.

02:21:34,930	It in berms to where they’ve punched a hole in the middle of it, and they’re now driving through, and now it’s not serving the intent that it was put in there in the first place. Yeah. But I, we could put it in the, in the definition on of the buffer that shall be maintained. Simple.

02:21:54,500	So if uh, so if we just put actually on page 25 under number three, a number under number three and just say buffer yards shall be installed and maintained in accordance with the following table, I think that’s all we have to do is add and maintained. Yep. Great.

02:22:13,700	I’ll put that in to the, uh, in the I district two coming up. So any questions on. That catch. Yes.. Ornamental trees. What I mean that so hard to maintain this climate. No, no I mean. Like your like your Japanese lilac ones that are on. Yeah. Lilac or native. Uh, yeah. All that. Yeah.

02:22:45,800	So moving to section for special use. Oh, yeah. Commissioner small. Yeah. Sorry, Mitch, I got a question. What? What’s an accessory? Solar energy system. But that is part of the solar panels that you can put on a roof or the walls of a building. Um, it’s an accessory. It’s accessory to the main structure. The main use of the building.

02:23:09,900	So it’s not a it’s not a solar farm. No. Okay. And if I can that was also something that in the previous 18 months that there’s a separate ordinance. So this would be notating that redundancy. Okay. So moving on to section four.

02:23:33,330	The highlight of ones are new temporary farm garden produce filling stations, seasonal nursery childcare center drive and bank retail liquors, micro pub, domestic brewery. Those are all would all be new to Burleigh County. Wow. Yeah. Commissioner Rich. Um.

02:23:56,800	Mister Chairman Mitch, if there were going to require a special use permit, maybe we should also include or similar things because, you know, we’re trying to make a list and somebody else comes up with a different idea. And before we allow it, we’d we’d have to give them a special use permit anyway. I don’t know, I don’t know that’s it’s it’s on special use. I don’t know. On section.

02:24:17,030	For unusual use. Unused is permitted. I could see doing that on special use I don’t know I’d say stick to a list. You want to. Stick to a case. By case? I think. I’m wondering on this special use list if that’s also not an area you want to mention.

02:24:34,470	The agri recreation based on all of the discussions you’ve. Had, this is a commercial commercial. Okay. All right. Sorry. Uh, is there is there a need to on special use to call out things like where the data centers for those industrial. Developer special use in Cumberland Industrial only.. Industrial, right. Not commercial. Okay. That’s thank you.

02:24:54,100	I mean, there’s a whole chapter on special uses that are a lot more than what’s here. Yeah. Um, but when you kind of vaguely describe a special use permit, you get into. Yeah. I mean, we could. I’d have to. I’d have to look and think about that. Um, Commissioner Rich, it’s, uh, special use.

02:25:13,830	You have to be very particular on these things because they they usually are, uh, they’re a challenge for, uh, for anybody who’s lives next to them. They’re challenged again.

02:25:30,270	My only concern is we’re trying to think of whatever might go up out there, or somebody’s going to apply for a special use permit. And if they come up with something that isn’t on the list, then they don’t have any opportunity in the commercial area to. They could come to us and recommend a change to the ordinance to. We’d have to change the ordinance first and then. it’ll go through the special use permit process.

02:25:45,700	Mr. chair, it’s defined at the beginning of article eight. Any thing of unusual user design. Yeah. Or it falls into pud. Yeah, but it’s in the beginning of article eight. You’ll see it at the preamble of article eight. It’s that explains it as any anything um, unusual design or size.

02:26:10,270	So the rest going down to 27, 28 are just, just renumbering. Yeah. Looks like that’s, that’s the same as it wasn’t county to begin with. Right? Yeah. Yeah. Go ahead Commissioner. So Mitch does this cover this section for special use.

02:26:31,670	Does that is something like that going to cover the Baldwin Greenhouse. Is that what that would fit in the future? Um, I think that’s already that’s already in the. Nurseries. Commercial nurseries. That’s an egg, right. Yeah. But there’s a there. Yeah. There is. As a commercial business. Is that how that type of a business fits into our zoning ordinances in the future? Is that.

02:26:59,370	Yeah. We could that’s a good idea because it’s, it’s it is defined, but it’s the it’s a commercial, a commercial nursery is where you buy and sell plants a, um, a commercial, a retail commercial is where you but now a wholesale and they have wholesale defined in the AG and

02:27:22,470	that’s where you grow the plants. But you can’t retail. So wholesale is allowed on ag retail is allowed only in commercial. So we can include that. So that would mean that. We already have seasonal. Seasonal nursery room. Farm and garden produce sales. In in eg are you talking or in commercial. Oh okay. Okay.

02:27:46,430	Oh I’m just I’m just trying to rethink where that’s going to fit in these new ordinances because. Could fit on could fit on after filling stations. Number three and four. Then go. To the Baldwin nursery. Is that that’s egg right. That’s zoned egg. That’s zoned correct. Or for now. Yep. Okay.

02:28:06,100	So I would add it underneath filling stations retail commercial uh nurseries. Yeah. Everybody good with that. To add that. And it would that would be wholesale and retail. Well no. Not the right thing to do with that kind of business.

02:28:27,470	Is there another way to put it in a commercial into commercial use without putting it here, or where does it fit if it doesn’t go here? Does it need to be that whole commercial business rather than a special use permit? Well, I have to review that. I mean, it’s pretty standard commercial use. Drive in by your plants, drive away.

02:28:50,970	It’s not a big specialty. Um, it could be. It could just go straight up under allowed uses in commercial zone. Is that it is allowed in AG already, right? Not retail. Not retail at all. Retail is where you just you buy the plants from somebody else and put them on a shelf. And here they come to buy them.

02:29:11,330	Gotcha. Wholesale is where you have planting beds and you, you sell them to in large lots and you carry them to the retail. If they’re selling and growing at the same spot, what’s. That then. That’s all retail. Then your then you’re commercial. You’re on that. Yeah. Because you’re selling it to the public okay.

02:29:35,270	Yeah I’ll have to look into that. Mr. chairman there’s a little nuance based on the proximity to city limits. Baldwin. Right. True. Mr. chairman. Yeah. Um, the Baldwin Greenhouse this week applied for a PUD zoning for their property. Okay. So if we’re looking at that, they’re they are applying for a PUD. That is that’s the out.

02:30:02,430	Yeah. So that will help you with some of these. Yeah. It’s not it’s not related to commercial use I mean it’s related but they’ve got such a mixed bag up there of what they want to do. So similar to the wedding venue that is, uh, up.

02:30:19,570	I forget the you go, you go through the big dip by the ranch, and then you go west. Um, there’s the wedding venue that we, uh, is going to be. PUD. Yeah, that. They’re similar. To that back. Yeah, that was just a proposed. We haven’t heard anything more on that. Right. But that was zoned eg.

02:30:34,530	They said, oh, we want to basically have a commercial business here. So we want to zone a party. Yeah. Exactly. All right. Through the end of uh, commercial. Is that are we good. Yeah. I’ll work on that commercial greenhouse and nursery, so. Yeah, an industrial. Backdrop to put that in there. Now, if they’ve already applied for a.

02:31:02,230	No, we’re not I’m not going to do that for Baldwin. I’m doing it for somebody who wants to be. Known in the future. Yeah. So, um, industrial that’s our is that our last one? Yeah. The big I. Um. Know that there again it has the buffer zone requirements. Um. So I would add the maintenance to that.

02:31:23,670	To the maintenance piece. Yeah. Oh, yeah. Installed and maintained. Let’s see, that was under. Oh, that’d. Be on. Top of. A top of 30. Yep. And maintained. So this is going to get complex here because it’s we do not uh we the changes begin on page 2031.

02:32:02,670	Uh for item 19, religious institutions, microbrew pub, domestic distillery, brewery, taproom. Animal service, non venture veterinary. What is. What’s the animal service? Non veterinary. Um. Chiropractic. No. That’s um slaughterhouse baby. Oh okay. Okay. Yeah. Um no that’s allowed. But remember this is, this is, uh, industrial we’re talking about. So. Yeah, I’d have to look I have to see what it is.

02:32:31,830	But I do want to add add item number 24 shop condos. I forgot to put that in. There in industrial or commercial. I absolutely industrial. Why wouldn’t they be in commercial? Commercial. Could be the storage units. What what was it again you want. To add that shop condos.

02:32:50,270	Why? What would be the reason to put them in industrial and not commercial? Because if a I just I view it as you have a shop condo and you’re going to have multiple maybe you have uh, a line of six of them and you have six businesses move into there. To me, that’s commercial. That’s the strip. Mall. That’s a commercial strip mall.

02:33:06,700	Well, we’re talking about is, uh, uh, a shop condo where a business has too much stuff. And he opens, he, he goes over and stores it, and they are or they have a welding shop in one part, and they have a paint booth in another part, and they have a woodworking thing that’s

02:33:25,300	not serving the public. And they’re they’re more industrial. The problem with shop condos is they come undefined and they just they sell these things and they were a problem when I worked in the city of Monett. There a problem in the city of Bismarck.

02:33:45,670	And they should be, um, designated for industrial use because, yeah, you know, when you’re talking about the other stuff, when you see those commercial business going after there, that’s those are strip malls. Those are absolutely commercial use. The property north of Burnt Creek. I know that’s not our zoning district, but what would those be? Would those be commercial or industrial? Do you know.

02:34:07,470	North of Burke Creek where? Burnt Creek Club Crossroads. On 71st? You’re talking the lake. , 71st. Yeah. All sharks. Mitch. Go ahead. I’ve got some shop condos. Mine. I’ve got a concrete guy in one. I got a guy that’s got a crane service. I got a guy that just does race cars.

02:34:28,400	I got a guy that, um, is a big corporation that you, his employees show up and and get their supplies. I mean, it can be all kinds of things in a shop condo. That’s why you’d want to put it in industrial. So what are the ones north of crossroads? Did somebody say.

02:34:45,430	I don’t I have to get up there and look at them. But they’re. Renovations and. Yeah, they like. Yeah, exactly. The commercial. I don’t know, I, I. Think built is in there. I still. More offices I still I don’t know I still disagree that’s that’s commercial okay. Is mannequin. Yeah.

02:35:05,200	Audit mannequin that’s the only but I don’t I don’t know I guess I, I would disagree I think they belong in commercial. I. Agree I honestly because because shop condos are either going to be personal use or somebody’s going to run a business automobile. So typically.

02:35:22,270	If you put them in an industrial, where is industrial land around in Burleigh County. Okay, okay. So that is very restrictive. And I don’t think that that was going to fly. Well, I want to tell you, the shop condos that I’ve been into, they’re problematic. Very problematic.

02:35:41,070	They, they, they they come in, they don’t know what they’re going to be occupying and they sell to whoever. And it’s it’s not designed for. Well, yeah. Rochelle is an entire different animal because you have the parking requirements. You have your development standards in commercial.

02:36:06,070	Um, it’s you don’t want to mix and match a shop condo next to some commercial businesses out of office spaces. And banks, that sort of thing. Small restaurants. Yeah. sure. Maybe this is the clarification. Tell me if I’m wrong. Mitch. Um, north of Burnt Creek does seem more commercial, but if you get north of dairy Queen with the big shop doors, you can park a motor home in.

02:36:29,070	If somebody put a bed in there, that might be a shop, condo, mixed use thing that a person would. Yeah, they end up living. That would be industrial. No, no. Go across it.

02:36:44,670	It’s it’s it’s that one is always funny to me because if you are on the Bismarck side of the river, the man inside of the river, it’s two completely different things. Man inside of the river, they’re okay with allowing residential to be built in shop condos in Bismarck. That’s a hard no. So it’s I don’t I don’t get it because. There’s been Mandan put a moratorium on them.

02:37:00,130	Now they have. But there’s a lot of them that have living quarters in them. Well, I understand what the Mandan ones. You have to have a separate entrance for the, um, residential part of it. If it’s on the back side and whatnot. So they have some restrictions, right? Yeah. But in Bismarck, there’s.

02:37:14,900	No whether we like it or not, they’re building them all over the place. Well, they have to have. You’re sleeping in there. You gotta have sprinklers. Period. Right. And that’s so it’s it depends on what’s what’s allowed.

02:37:26,270	So I guess what I’m trying to point out is that there’s, you know, they can be in I agree with you. You never know what’s going to be in them because it’s it’s basically just a space that is built either for sale or for lease. And anyone can move anything into it.

02:37:40,070	So that’s that’s why I say that it’s what if someone wants to if we say, oh, you have to be industrial and somebody wants to build these and they’re just personal shop condos, then if people are just using them for personal, then I just I don’t know why it’s got to be industrial.

02:37:55,000	Well, I don’t know if it’s personal use. Why would you want in a commercial. It’s it’s a they should identify each one. There should be a distinction between each use. And it’s the shotguns I’ve been into. Are have seen they’re they have nothing to do with commercial.

02:38:14,330	They may have a business but it’s not an office. It’s just a go in there and park their equipment and. Right. But yeah, it’s just a mixed bag of use. It’s not it’s not really connected to anything. Commercial under section four. Could it be that shop condo zoning is determined on a case by case basis per the special use permit.

02:38:46,130	I yeah what’s up KC. Yeah, part of why Bismarck chose to not have shop condos especially next residential was there’s a proposed development some years ago by Centennial 43rd where Grand Prairie Estates is there’s a lot of acre and a half residential homes and there’s a area to the northwest or northeast. And there’s a proposed shop condo.

02:39:13,430	Uh, it was like 123 units all going through there. And they had a very defined vision, uh, with, uh, they wanted it around, uh, uh, classic cars being able to build a culture around that, have a gated community. Uh, it was just difficult to service everything on that.

02:39:37,400	Uh, and that’s part of what it’s looked at. Uh, North Star Commercial Park up north that it’s zoned commercial. That’s where it’s at. So although those shop condos, they actually split them. So each shop condo is owned by a separate entity. And they wanted to try and do a petition to get everything paved.

02:39:57,730	And you have to get 60% of the people. And that’s every single shop. Condo counts as a separate vote, and that it we’ve asked them because it’s been a year for okay, how’s it going. And they said it’s extremely difficult because we were what you have in there isn’t just a 100% commercial. Honestly, there is some industrial in there.

02:40:19,600	So we said for a pavement section is you need an industrial pavement section just to be able to deal with all this stuff. That’s just just honestly going on. You got a business in there. That’s fine. I it doesn’t matter. I’m just looking at the roadway part.

02:40:36,970	So that came down to it was like $14,000 a shop condo and those it’s not like they’re gigantic. They’re not Walmart sized by any means. So it was pretty expensive going through there. I know, and Mitch is right. That’s something we’ve struggled with because there is so many things allowed in there.

02:40:54,900	And you have, uh, people that are using it as their weekend retreat. Uh, they work on their car, uh, the upstairs, I, I know one person. He works on his car. He stays there. His wife, uh, works on her crafts and, uh, her hobbies and interests, which is great.

02:41:14,070	And then there’s others that have, uh, they run their business out there, and there’s some others. We know they have it for their personal use. And the guy built a bar in there, and it’s just this personal thing.

02:41:25,000	Then he bought the shop condo next to it, and he runs his business out of it, and he just goes back and forth. And so that’s where it gets into such a mix. It’s it’s hard to define it as one part.

02:41:39,370	So if you start doing the special use permit you’re going, I, I think what would happen is we’d get a 100 special use permits at that point. I’m not saying it has to be industrial or commercial. It’s just it’s just a tough one to define as all. Yeah, I, I honestly we can we can go ahead and put it in industrial. But we’re going to hear about it at the public hearing. And it’s not going to fly.

02:41:57,500	I, I, I just have this premonition that that’s, that is going to be a, that’s a, there’s going to be people like, why would I have to zone industrial to build my shop condos? I, I just have a feeling that’s all it’s going to go. But so are most municipalities put them.

02:42:13,870	It’s not a commercial use. If you want to try to call it commercial, then they could go into these strip malls and start living in them and putting their mobile home in there. More in industrial, in industrial use, there’s just about anything goes in there for use.

02:42:33,430	Anything you want to do in there, you want to manufacture guns, manufacture fireworks. Good. You don’t have. It’s not a problem if you buy your if you buy this condo and we go in there, you know, that’s not allowed use. You just bought your condo, you got to sell it. Yeah. These are unending problems.

02:42:54,100	And it’s, um, you know, you keep it simple, put them in an industrial. Yeah. All right, let’s let’s let’s hit around the table here. Yeah. Okay, so I have a question. Mitch. If, for example, that land that is just south of 110th along that railroad, that strip of land, Wayne Martinez. Yep. So if he wanted to build shop condos there, he can’t.

02:43:17,900	It’s it’s not commercial. It’s not industrial. That’s egg. Uh, I thought it was a light commercial. I’d have to look at a map, but I, I don’t think that we don’t have. We don’t have a whole lot of places in Berlin County. There’s own, uh, industrial. Okay, so that.

02:43:34,200	Went yet? Yeah. Yeah. So I think that brings up a good point. So if someone is out on ag land and they’re, whatever, five miles out of town and they want to build shop condos, they would have to actually change their zoning to industrial. Yeah.

02:43:50,500	What do you think it should be? I think it should be able to leave it AG honestly. But if they’re that far out. But, uh. Mr. Chairman, Mitch, I was up to miss you. Waters trying to go fishing the other day, and they’ve got these shop condos, and I think they’re used just for the pontoons and whatever else they got going up there.

02:44:07,270	And that’s certainly not industrial. I think those are storage units. Is there next to if they’re in a residential area, those are storage units different. They look like shop condos to me. Maybe they’re maybe something they may be living them up there I don’t. Know I don’t think they’re living in them. No no no no.

02:44:27,070	But I think the shop condos in that. They’re. Not living quarters, just they probably got work on things, put their pontoons, whatever they do. Yeah. They did a mixture.

02:44:45,030	I think there was 5 or 6 shop condos they did in misty waters, kind of, uh, north of the gas station there. They put those in. They had to get water, sanitary sewer, to service. Um, there. I mean, no one’s saying they’re living there, but they might get done boating and have a couple drinks and stay one night.

02:45:04,730	Uh, but it’s not like we’re going to run around knocking on doors, trying to find that out. I. I got enough to do without doing that. So. Yeah. Uh, b did you did you have something or what’s. Your family. Well that’s. My yeah. That’s my concern. Sorry, Mr. Chair. No. Good. That’s my concern is shop. Condo is a vague term that everybody just throws around all the time.

02:45:22,330	Yeah. So you got to kind of define the turn before you can decide where you’re going to put it. Define the term. Yep. Yep. In some way. I mean because I have a lot of friends that have businesses and they have shop condos just for their toys. Yeah, that’s and.

02:45:41,700	That’s, that’s called a shop condo. And you have to, have to be in an industrial area. Um, I think it’s going to get a lot of blowback. Well. Could very well be I, I, I know in Minot they were well, I don’t know what it is now, but they were industrial. Yeah.

02:46:01,870	It’s because like I said, there’s such a mixed bag. I mean, they could be loading ammo in these things. So what’s. The be. They could be from a from painting cars to woodworking to auto repair, uh, to sleeping is. What’s the difference.

02:46:24,400	So what’s the difference between if we said, uh, commercial to industrial to even, even ag? I don’t know what you know, all these what’s what’s the burden on the on the builder to say, what are the requirements in industrial? If you said, well, we’re going to make an industrial, what are we requiring there? If we said,

02:46:41,100	oh, it’s going to be commercial, what are we requiring? If it’s if it’s AG, then it’s it’s different. Or in a RR AG you know, if you depending on where you put these, you’re also going to go into a different taxing structure.

02:46:58,000	And we’re going to require different things around this. Uh, coverages and um, yeah, parking and, and all that type of stuff. I mean, I don’t want to overburden people that want to build these things is what I’m trying to get out. I don’t either. I absolutely don’t either.

02:47:17,670	But for one thing, you can’t put commercial condos on an agricultural property. Isn’t that any commercial use of agriculture is not allowed any use in a residential use. Commercial is not allowed. But in industrial it’s pretty much an untold amount of things that you can do. And so it’s a. I don’t want to create an ordinance that causes me problems, that’s for sure.

02:47:40,470	Commissioner small, what do you got? Yeah. So do we have any industrial land in Berkeley County? Well, that land I. Mean. That land I just asked about, Casey said it is zoned industrial. Okay. He put it up there. You’re talking about where? No. So it’d be just south of 110th along 26th Street. Right.

02:48:01,070	So it’s it’s a heavy industrial. So. Yeah, he could he could build shop condos. Yeah. Well, we’re. Mike I guess what I’m getting at is what does it take to get it zoned industrial. What, what I mean, if somebody wants to build some shop condos, it’s going to take an act of Congress to get some industrial zoning.

02:48:19,530	I doubt it, I doubt it. It’s kind of it’s I don’t know, I mean, at this point, I’m going to have to dig it. Your requirements are taller, though.

02:48:36,830	I mean, I, I, I envision like industrial where you’ve got a, um, a large facility that is a manufacturing facility and this is a big. And then we’re saying, well, this is these are like personal units. And I don’t know, it’s. Mister Chairman. Yeah. Marlo, what’s up. On there might be some confusion when we say condos, shop condos. That means that the person that’s using that space owns that space, right.

02:48:58,530	Um, and what we did in Lincoln for their shop condos was we required when they turned it over, when they sold that shop, they had to get an interior finished permit. And that’s where we told them whether they had to have sprinkling on it.

02:49:20,700	We haven’t done one since forever, but that was what we did before when they bought their unit and they wanted to do anything in it. They had to get an interior finished permit. Okay. If they’re if they’re leasing the unit, then. Yeah. And those are commercial. That’s different. Or what’s an interior finish.

02:49:41,430	That’s when they finish the inside for what they’re going to do. Because a lot of shop condos are just built with shells. And then they sell the space. So you might not want a smaller shop. You might want to double wide, shop whatever.

02:49:59,970	And when they purchase that then and they want to put in a bathroom, they want to put in, maybe, like you said, a bar or whatever, do anything structural, they have to get a permit to finish that. So we have to know what they’re planning on doing in that business. Um, like. That’s a building permit, right? That’s a building permit.

02:50:21,300	But it does limit and allows us to say, hey, you want to run a mechanic shop in here? You have to have sprinklers. You know, that’s one thing, but we have shops all over right now where people are renting them and they’re single units.

02:50:41,800	We have a big one up at, um, Trail Boss way that’s commercial, but they’re not selling the individual units. They’re leasing them, and then they have restrictions and we’ve got four going up in Lincoln right now on commercial land. Where can you build shop condos in the county today. All right. On, on on what what is. Yep. Can you put it on any, any zoned land? Uh, arboles. Uh, industrial park.

02:51:07,930	That’s like second, third, fourth, fifth on I-90, 458th. And when they wanted the industrial when that started it was ag land. They had to do full stormwater management plan how they’re going to do everything they had to rezone.

02:51:27,600	It came they went through the process, came to the planning and zoning and had all that done, they got the zoning changed and they just did it for the whole thing in one shot. At that time, uh, they did the stormwater management plan, not just for one development. They did it for the next five developed, and they just set everything up, paved all the roads, did it to industrial standard.

02:51:43,530	So typically they haven’t been doing their vision, hasn’t been shopped condos. They’ve been looking at, uh, like stratus asphalt plan uh, to was it tumult brewing? I think that’s the right name out there. So that’s generally what they’ve, they’ve been looking at, but doesn’t mean they can’t look at shop condos on that.

02:52:02,700	Yeah. But today with, with the zoning the way it is today, could you go build shop condos on commercial land, ag land, industrial land. Because we don’t call it. All right. Yeah.

02:52:22,470	We haven’t called it out because generally we’ve tried to say shop condos really need to go into Bismarcks area more to to deal with those things because. They’re just they’re just not allowed in the county right now. Because a lot of the places they want shop condos is right next to one and a half acre residential. And it was more than likely you’re not getting through the process with that.

02:52:37,500	And when they meet with us in pre-application meetings, we just we try to be very blunt with people and just say, here’s your challenges, here’s the questions you’re going to get, and people are going to come out and express their opinion.

02:52:55,600	And then a lot of people like shop condos at somebody else’s house, not next to their house. So it’s just a reality. We try to tell them. Okay, so in the county today, there’s really no shop count. It’s all the shop count. As you see around here in city.

02:53:14,400	I’d say the vast majority you see like 71st, uh, by us 83 on the. They have those shop condos on the north side up there. Then on the south side, they had a few, uh, going that area. There’s some down south. Those are. The ones on the north side of the 71st. Say, take those, for example. What? What is that zoned. That zoned commercial, if I remember right.

02:53:32,970	Because that was all storage. It’s it’s 2008 when I worked on that. So it’s been it’s been a little. While commercial or that’s that city. Though at the time it was city ETA going through there. So they still city can be old okay. Deal with that. So we had to they were under the city rules.

02:53:48,470	But on the county in the in out in the actual county property. Not that was in ETA. Are there any jump condos at all? Uh, Misty waters is now not in the ETA, so there’s shop condos. That’d be the. And there’s.

02:54:07,130	Commercial right in that that area with the gas station that that is and then you have the Marina because everything’s a pud out there. Yeah. So they defined it all under the pud how they wanted to do that. They didn’t do a PUD amendment to allow the shop condos. And that was they did that when it was still ETA.

02:54:21,530	So we had to go through that process, site plan, the full works on that, and we reviewed everything they had to amend the stormwater management plan. That was. because gonna there’s. No examples of that, of we that we’ve allowed them in the county that was outside of the ETA. That was there. I don’t.

02:54:40,230	Nothing okay. I just I was wondering about like, okay, is there is there have we ever allowed them. Yeah. The vast majority of shop condos, they want water and sewer available. And if you’re out by Regan, yeah. The chances are small on that. Got it. Yeah. Okay. Yeah yeah.

02:55:02,630	Yeah a lot of them have wanted relatively close. Yeah. All right. Yeah I think I think they’re awesome. I and yeah you’re going to want it close to your residence so you can buzz over there and do what you got to do.

02:55:19,730	But I’m talking about some guy that that got a bar in there or works on his car in the weekend or whatever. I mean, I’ve been in in some of them that are just beautiful. I mean, they’re nicer than some people’s houses.

02:55:32,230	I mean, you know, and and I get what Mitch is saying. But at the same time, um, it’s I don’t get the industrial either. I’m kind of with with, uh, Dennis on that, but. Well, I get it, but I don’t get it because I don’t see I don’t see the the, you know, when I think industrial, I think of a paving like, like out of an open.

02:55:50,700	You know. Yeah, I yeah, it’s nine, nine out of ten. Shop condos require sprinklers. So because of the mixed use and what they want to do in there, there are very few of them that don’t. So they, they, they need to be closer to the city to get to there, to be able to have sprinkler systems. Yeah.

02:56:12,030	Some people use the term shop condo interchangeably with barn Dominion too. And um, just point of right. If you’re going to be in residential and then it’s then you’re going to be AG or RR or whatever. Oh, it makes me wonder about like Morgan’s place, they fell under the barn Dominion, wouldn’t they? Whose place? Morgan’s, um.

02:56:37,200	They calling shop condos. Barns and mediums. No. No, sometimes you hear it in Concord station. Used interchangeably. I’m just making a note of it. But if you’re. Yeah, if you’re building it as your house, I guess then that’s a little bit different story. Well, to be continued. So do we want to put. Them in.

02:57:02,230	Industrial in commercial permit uses permitted. Yeah. Special use I don’t. Know. Oh sure. Commercial. I just remembered one the branch on the southwest corner zoned industrial. in that they could I’ve seen there’s been a proposal for storage units different stuff over the years. And I think somebody’s coming up with a new plan now.

02:57:24,670	So cold is up there. Oh. Uh. Cold stone. Or. No, something like that. Yeah. Cold springs. Yeah. There you go. Sorry, I just remembered. And there. That’s commercial.. Industrial. That’s industrial. Okay. Sorry. I mean, don’t get me wrong. I’m not opposed to shop condos.

02:57:49,270	It’s it’s just problematic because there’s so many things that can be done in them. And it’s it’s kind of makes it easy to go into an industrial area. Could it be listed as 24 under industrial? And if it is more of a commercial, it could be a, um, variant, go through a variance process and then subject to change on sale.

02:58:15,370	I mean, it can it be just a permitted use in commercial and industrial? Well, if somebody came to me and wanted shop condos, first off, 100% of them don’t know if they’re even going to sell them. What what’s going to be inside. Right.

02:58:32,470	So is your like morrow saying wish you a shell only and then that means no floor, no plumbing. Nothing is just that four walls and a roof. And then when they sell that one unit, then they come in and get a tenant build out from us.

02:58:48,630	We put in the we find out what they want to do, and if that’s if it falls in the building code, that doesn’t require sprinklers, then here you go. Here’s your tenant permit. You know. But to build them, you’re still going to have to be you’re still going to have to if we put them in.

02:59:04,900	Well, it’s only allowed in industrial, then you’re still going to have to rezone your, your land to industrial, right? I mean, we could possibly put them into commercial, uh, if it fits that more than industrial, if they’re smaller, you know, they’re not there for somebody who wants to.

02:59:21,930	I don’t see the commercial use of, of of a shop counter, though, because they’re mostly all personal. They don’t sell anything out of rubber. So yeah, some are some aren’t. Yeah. I mean everybody runs the whole gamut. I, I’m personally I don’t see them as a commercial use, but they could be I.

02:59:37,670	Don’t know, could almost be a per um, opportunity situation. You got to see what they want to do. I mean. So, so. Do you. Do you put. Them down under an umbrella. Do you then put them in special use for commercial and special use for industrial? Because they have it.

02:59:55,300	On special use? I think if it if they come to make an application for a shop condo and they, they have it already laid out and we know what’s going in. If it’s a commercial use, then they can go in and see district. Yeah. If it’s more we don’t know. You go to an industrial.

03:00:12,400	So you would list them as a special use in commercial and special use in industrial. I wouldn’t especially use them. Or don’t especially use them at all. It’s it’s. Permitted use in both or permitted use in industrial or what.

03:00:31,030	It’s a permitted use of uh, if it’s in a commercial zone, then they ever use that. They’ve got an office defined and its commercial zone and commercial near commercial use. Then it would go into the sea district. I don’t see it because each one would have each one would have to have a special use permit in these condos. That’d be crazy.

03:00:46,470	Well, I don’t know. I kind of almost view it as an apartment building of that. You call it a shop condo. You got 12 of these things, and it’s actually a one building. But there’s, you know, you have 12 tenants.

03:01:03,070	Well, if you have, uh, it’s I view it as like, you’re you’re you’re like, it’s it’s an apartment. And if you say, oh, it’s like an apartment building, well, then apartment buildings go in commercial. No, they go in residential or. Residential. Yeah, but but it’s a, it’s a it’s a commercial venture though, where you’re, you are renting these out. You built this as a building. I am renting it out.

03:01:23,870	That’s shop condos are bought.. Not all of them. Then that’s a storage unit in my book. So there’s I know there’s definitely people that and I guess you could say that yes, there are people that buy them but then lease them out. They lease them out to. Yeah. To people. Right. Somebody owns it at some point. Yeah.

03:01:42,070	Yeah. Like the ones up in by the rancher. Those are storage unit. You rent them out to the from the one owner. But there’s definitely shop condos that people are running businesses out of that are they’re leasing. They are leasing. Yeah they can do that.

03:01:56,200	That’s that’s none of my business. It’s their it’s their business. But it’s, um, I think yeah, we could move it to the commercial district if the uses are allowed. And then industrial. Industrial, if they don’t have the uses defined.

03:02:14,830	I mean, we can like say we can put it wherever, but it’s going to go through public hearing and, and we might, we might change it then. So. Well, it wouldn’t go if it’s zoned already commercial, it wouldn’t go to a public hearing. No, I mean our, our verbiage is going to go to a public hearing.

03:02:29,430	And people might say, hey, whoa, whoa, whoa, we don’t want it in that this document is going to go to a public hearing. Oh. Oh yeah. Yeah, yeah, is what I’m saying. Yeah. But it’s. Yeah, I mean, honestly, I want to try to steer them toward the city of Bismarck. Um. Because it’s it is so.

03:02:50,500	It’s I mean, once they get in there, they could do whatever they want. Yep. And then now you’re stuck with it. Okay, so what do we want to tell Mitch where to put. It? What do you just said? Right? I just said that. Perfect. Okay.

03:03:04,370	If the if the use is allowed, we we define it in commercial district as a, as part of the allowed uses. Yep. But the uses need to be defined right. All right. And same thing, same verbiage in the industrial district. Sounds good. Let’s write it that way okay. And then if we go into special uses on industrial. Yeah that’s all. Those are all new. Yep.

03:03:29,900	Um. And then it goes to the uses when conducted within a completely enclosed building on page 32, number number two, sale of oil and gas. Well, concrete products, petroleum manufacturing. And then three is just straight up manufacturing of all those items that we do not have in our ordinance.

03:04:02,430	Um, item four is anything that is located less than, 500ft from any zone is cement, lime drop forge industry, garbage gas manufacturer, stockyards and then down to item eight. We allowed manufacture and storage of alcoholic beverages, including a brewery. That’s I think is it? Mr.

03:04:35,530	chairman, uh, do we want to add distillery as well? I thought if that’s in there, isn’t it? My son in law has got a distillery. That’s why. We have a domestic distillery is allowed as, um, under section two. No. And then the rest is numbering, I believe. Yes. So the big question that I have now that we are at the end and through this whole. I’ve got. A few more this whole piece. Okay.

03:05:02,900	Got a. Few more. What you didn’t give it to what? This is easy. Over three. Hours, Mr. Chairman. Yes. Just a thought about before we could totally leave industrial zoning.

03:05:24,800	So I think some of the problem that’s going to be is if you’re pointing people toward industrial zoning for shop condos, the the vision that’s going to conjure up in their mind is they don’t want to be by a cement plant with this. So I think you’re going to run into, I don’t know, just some because under industrial about anything goes. You know what people don’t want close to their house, I should say. Yeah.

03:05:41,770	Well, say somebody wants to develop, uh, shop condos. They have to zone and industrial and then it’s small enough. It’s just those shop condos, and then they can design it for nothing but shop condos. Oh, yes. It’s, uh. All right. I don’t want to interrupt.

03:06:04,870	Well, there are lots out there in the knocking at the rally that are small, uh, five acre lots. And there’s some up there by the ranch that’s a cold storage, stone storage, whatever it is, those are smaller loans, so it’s not going to be relegated. It doesn’t have to be relegated to the Monacan Industrial Park. I know what you’re saying. It’s a kind of a connotation there. Yeah.

03:06:27,870	I like how we’re doing. Yeah. Um, Mitch, on number two, on page 32. Okay. Why would a contractor’s equipment storage yard need to be in a completely enclosed building or. Or, like, concrete products? Oh, this is in a closed building. Yeah, because that stuff can roll around siding, dust. No. I.

03:06:56,230	Mean, it’s like it’s the equipment storage yard, though. It’s like their trailers and their scissor lifts and their right or. Yeah, it’s kind of it’s for a very large contractor who is a I, you know, it’s a storage yard. Maybe we can just put that behind the fence. One of them is the fence.

03:07:16,900	The first one I believe is has to be behind a fence. Yeah. Yeah, that’s. What it should be. A pipe storage yard. Same thing that needs to be fed. Into. Okay. Or for just the visual, right. Yeah, yeah. But I mean, the material cells, that’s I mean, that’s stuff blows around. No. I get.

03:07:43,400	Ten, right. Yeah. So I’m behind the fence. I’ll have to change that.. Well, today concrete products, to ball around. Concrete. Well probably in parentheses behind it. If environmentally prudent. Because some things out in the environment can get into the water, those type of things and buildings protected. I don’t know, use their equipment in a covered building.

03:08:14,370	Those buildings. Well, they’re pretty. I don’t know, I’m not prudent. Doesn’t keep all their equipment inside. Most most. Don’t know. Right. That well. We’ll move it to a fence. So this over. Here you asked last time. About accessory buildings. Yep. Um, so it goes up fairly quick.

03:08:53,430	The first section shows 4% percentage allowable on to up to 20 acres. Um, two acres of square foot of the two acres is in the middle. And the allowable square footage is on the right. Um, so it goes up three acres, four acres, five acres. So five acre, you can have an 8000 square foot building.

03:09:14,230	It’s a good sized building, and it goes up to 17,000 on a ten acre. And this is this is all an egg. This is art. No, this. is r1, R-1. Yep. R-1 and egg. Yeah. R-1 can still be ten. And so, yeah, it goes up to 34,000 square foot building on 20 acres.

03:09:32,000	Now, if you increase that to 5%, it adds it up. Um, I can, you know, I can see the two acres of three acres, even the four acres. But you get into a five acre with a 10,000 square foot building. That’s a big building. Yeah.

03:09:53,100	I think the I think the argument last time was, uh, about that. Well, you don’t necessarily have to limit it. So people are going to be limited by their pocketbook, right? Yeah. Yeah. Well these. Are was I think one of the comments. Yeah. Yeah. So these I mean these are going to go in and be going into residential properties.

03:10:11,400	So you’re going to see these buildings that are 3 or 4 times the size of the principal structure. But that’s not. My way. It’s going nowadays. It is. Yeah I mean they can control it. Obviously they can control that with their covenants. If they wanted to.

03:10:34,830	Uh, but I for the larger lots, I don’t know if I would recommend a 5% increase because now you’re getting the fire safety hazards. Uh, commercial size building. These don’t these aren’t really designed in the in in international residential code, there’s this they’re just not that. These are commercial sized buildings. Could be limited over like you. Said, like over four acres.

03:11:00,330	Because most of the problems is coming in the in the smaller than the two acre acre. Right. Yeah. Exactly. I mean, you could you could increase the two acre, three acre, four acre, five acres to 5% because that’s where the predominance of we have on these residential lots. That we’ve that we’ve approved. Yeah. Yeah.

03:11:27,070	Acre and a half. And they should be going to 6% on an acre and a half. Yeah. You could. Well eight and a half. I don’t have my phone to figure that one out. But yeah you could do that to down to 60. We were introduce the care of a, um. 3065, 6500.

03:11:46,800	So you’re saying canceling 6% up to an acre and a half and then and then. to two? Yeah. And then down from there, right. Yeah. You’re already going to be limited by your setbacks and drain fields to some degree. Yeah. And utility lines. Yeah.

03:12:06,570	So if we went 6% up to two where do you, where do you change the 5% or where do you change to 4% from five. So if you said 6% under two then. I guess I don’t know. I haven’t done. The math on it. Yeah. But the. Point is we’re not trying to start a commercial business here.

03:12:27,430	But, but and then of course, this is, you know, this can apply to a outside of the city. Yeah. I mean it’s it’s our problems. Are these smaller lots where these people want to have a 4000 square foot building. They can’t they’re restricted the 34. Yep. So if you did 65,002 acre, three acre, four acre, a five acre increase that to 5%.

03:12:50,370	Um, and then leave the rest of it 4%. And, and, you know, just leave the rest of it at 4%. I think that’s I mean, to me, I think that’s better than where we’re at. Yeah, we’re we’re just covering it with one unit unilateral.

03:13:09,400	So and the larger the building, the less likely they’re going to be asking to annex into the city. Right? So they yeah, it’s I mean, we almost all of our special use permits have been under five or less acres. Yep yep yep. So. I’ll tell you that’s so six. So 6% up to two acres from 2 to 5 from 5%. From 65,000 to 5 acres increases to 5%.

03:13:35,730	That’d be five. And then above five acres, 4%. Right? Yeah. Okay. That’s the ten. I mean, let’s try that. We can always change it in the future, but it’s definitely better than what we have now. Anything above five is 4%. Okay. Um, future changes that will be coming up.

03:13:59,800	We have to because of all these changes, we’re going to have to review article three. Article five, article seven, article eight, article nine, article ten, article 21. Sounds good. So so one, so one. So one question is, is that does do those changes have to be in tandem with these changes. Yes okay.

03:14:20,700	So we’re definitely not. That was my question. We were definitely not ready to say let’s put this on the consent agenda. Yeah. Next time. So no the change is. In here. Non problem inadvertently changed these right here okay I just listened. So you’ll bring those to us. So how many is it. Is it seven.

03:14:36,670	Well I think we’ll just for the public hearing let’s just do what we’ve in this packet. Oh don’t do the public hearing that the packet and the, the changes. You just we have to do the consent agenda. And then for the public hearing for the changes that were proposed tonight.

03:14:55,270	Okay. But the the whatever seven eight ordinances that you just. That could. Be or that. Can be the next one because we because because they’re going to be there may be some changes from these changes from the public. Right. What how many how many total you listed all the numbers. How many total is it.

03:15:13,430	No, the the ones you said that we have to look at. Um, 1234566. So can you bring us three? Next meeting. That code for the on the consent for the. No, just to to work them to. Okay. Do you need our do you need our input or is that staff that changes those.

03:15:35,330	Well we just have to incorporate. It’s basically the large the when once we get these these bottom ones done, these solid ones here that really kind of change everything. Then the ancillary changes like the definitions and the jurisdictional use use groups, special use, all that, that that comes that will come from this.

03:15:55,600	Okay. So you don’t need to bring those to. know if these. If these get approved, we’ll just make these changes into the master ordinance. And then. Okay. Yeah. So then so then maybe. We based on the changes we. Made today.

03:16:14,270	So then maybe we are ready to put this on the consent agenda for next meeting or not. That’s too early right. Yeah. But I thought, okay, as we go through this, if we’re comfortable at the end, but it doesn’t sound like we’re comfortable yet. Yeah. We need one more swing. Okay. Yeah.

03:16:31,470	And the next one will just they’ll be minor changes, but they’re going to include what we’re talking about tonight. Okay. Sounds good. All right I think we are to that uh, that time already has been moved and seconded to adjourn. All in favor, say aye. Aye, aye. Any