00:00:08,100	Burleigh County Planning and Zoning Commission meeting to order. We will start with the Pledge of Allegiance. So please remove all your head coverings and stand if you are able. I pledge. Allegiance to the flag of the United States of America and to the Republic for which it stands.

00:00:29,000	One nation under God, indivisible, with liberty and justice for all. All right, Marla, if you could take us through a roll call. Okay. Commissioner Bitner here. Commissioner Connelly here. Commissioner Jarratt here. Commissioner Munson here. Commissioner Patrick. Commissioner Risch. Here. Commissioner Small. Here. Commissioner. Streifel here. And chairman here. We have a quorum. Fantastic.

00:01:11,800	Okay, we will move into the public comments portion of the of the meeting. This is for any public comment from the crowd. This is not these are not public hearings. We will move into those later. So if there is any public comments that anyone would like to make. Please approach the lectern.

00:01:27,270	Tell us who you are, where you’re from. Anyone like to make some public comment? Good evening, commissioners chair Agnew, Jamie Feist from Baldwin. I don’t want to take up time for the public comment. I do ask that this board pulls item number five five for discussion.

00:01:54,530	Um, I would like to speak on it at that time, if possible. Um, instead of burning up public comment time, I think it would be more suitable. Um, when it’s on the agenda there, if that works. All right. Thank you. Thank you. If anyone else would like to have any public comment, please approach now. Any public comment? Seeing none, we’ll close public comment and move into the consent agenda.

00:02:38,700	Mister chair, we approve the consent agenda. Excuse me. I was just going to say we. We haven’t approved minutes. Number three. Yes, we we pulled the minutes because they are we don’t have the minutes. So we’ll end up approving those next next meeting. But good catch. Good catch. Yes. Approve the, uh, the consent agenda.

00:02:57,370	Mr. chair, I would like for us to have some discussion regarding that on each item. Okay. Is there a second to, uh, approving the consent agenda? I’ll second for. Discussion. So we can do that. Uh, it’s been moved and seconded to approve the consent agenda. Uh, move into discussion on the on the motion.

00:03:19,730	I think we wanted them to be read. Yeah. I would like if we could go through the consent agenda. Is that okay? Yeah. You can, uh. Yes. Anyone who doesn’t want to, uh. Uh, just, uh, approve the whole consent agenda. Definitely can vote against us.

00:03:37,500	Uh, any other comment? Well, the other comment I have is with the consent agenda. If you want to talk about something on it, you should pull it off. Pull one item, one item off. Instead of us going through all the ones that are non-controversial.

00:03:52,900	And, um, so if somebody has one or more to pull off, let’s pull those off and then approve the rest of the consent agenda. Commissioner Risch, we used to go through each item on the consent, on the consent agenda. This is a recent, recent thing where we just do a blanket approval. Well, that’s unusual to me because the consent agenda is just that. Consent.

00:04:11,730	Um, non-controversial items and all of these things, by the way, all of these items are only for a call for public hearings. So every one of these items, if we approve the consent agenda, we’ll have a public hearing at our next meeting. Commissioner Connelly. so I’ll explain the history of it a little bit, because that was actually new with the. Mayor Schmitz.

00:04:33,170	When he came on. It used to be at the city level. Um, the previous mayor went. through every single and read every single one, and sometimes it took ten minutes.

00:04:53,800	So, um, not every board when I watch all of them, um, in this county that I can get Ahold of every month and stuff, like, in your case, a lot of times or even, uh, Mike on the, uh, Bismarck side of the, um, planning and zoning, they just highlight them all, and that’s consistent.

00:05:10,800	So if we want to do that, I can certainly I just made the motion so we could get on because the first motion was made because that’s what we do at the city Commission now is that, um, our current mayor says, um, anybody want to, uh, what do you want to do with the consent agenda? And we make the motion motions and we just take care of it all at once.

00:05:33,370	And the first meeting that they did that, um, Commissioner Zenker looked right at the mayor and says, we can do that because it wasn’t a practice for four years. Mm. So that’s I guess it’s up to the this commission. Not all boards run the same. So I can certainly withdraw my motion. Mr.. Yes. I was at the legislature for 20 some years before each of them. Uh, Florida meeting.

00:05:56,170	They have a consent agenda. These are non-controversial bills, some that have just a couple of words correcting some language. Both houses of the North Dakota Legislature pass a consent agenda every day at the North Dakota Legislature. Prior to those four years. You’re talking about the city of Bismarck also did that. They had a consent agenda.

00:06:15,000	You put the non-controversial thing every commissioner has a obligation to look through it and see if something they should be pulled off for further discussion. Last night’s City Commission meeting, both Commissioner Connolly and I both pulled things off the consent agenda. But all these other mundane items that are non-controversial, everybody’s in favor.

00:06:36,530	You don’t go through them all unless somebody thinks we need to. That’s true. Yeah. Commissioner Bitner? Yes. I submit to your commissioners that the reason the citizen asked for five five to be pulled off the consent agenda because it is controversial. Sure. And I do know that I’m pretty sure that Mitch is going to have some additional information regarding that one.

00:06:57,630	So I personally. I’ll withdraw my motion. Okay. Motion been withdrawn. Will you withdraw a second? Okay. And make a motion to approve the consent agenda. With the exception of five five. Second five. One. Okay. And 5151 and five five. Okay.

00:07:19,800	It has been moved and seconded to, uh, to approve the consent agenda. Except for five one and five five, which we will open independently. Is there any discussion? Seeing none. Move into a vote. All in favor? Aye. Any opposition? Okay. Seeing? None. Um, Mitch or Marla, could you take us through? Um. Consent agenda item five one. Okay, this is, um, Arcadia Light Estate subdivision.

00:07:59,070	Um, the petitioner is prime core development. The engineering is Swenson, Hagan and company. The location is the southeast one quarter section 15, Township one, 40, range 80, West. This. The project is the five lot subdivision on 90 acres. The zoning is agricultural, and they’re requesting approval of the preliminary plat and a public hearing. Um.

00:08:30,070	Burleigh County, the history of Burleigh County was approached regarding the development of a five lot subdivision. And at that time, they requested a zoning change from a agricultural to R-1 country homes, residential. Um, we had several pre-application reviews, um, regarding this subdivision. It will contain five lots, each lot being 16 acres, more or less.

00:08:57,730	Access will be on the east side of the parcel. Four lots will have shared access. One will be allowed access from 123rd Avenue. And a paving waiver was granted on October 10th, 2025. Um, the surrounding properties are zoned a agricultural and the review committee did not have any concerns.

00:09:25,470	Um staff talked to, uh, Landon Miller, the representative for Swenson Hagen, on this. And they decided to pull the zoning from the zoning change so it will stay agricultural. Um, the preliminary plat meets the requirements of article 33. Um, this preliminary plat has been submitted to all reviewing entities. All concerns and corrections have been made.

00:09:53,900	The zoning is agricultural, and this subdivision meets the requirements of Burleigh County Comprehensive Plan. Article three residential neighborhoods. Objectives one and two and the staff recommends approval of the preliminary plat and calling for a public hearing, and you can approve it. Approve it with conditions or deny it or table it. Okay.

00:10:25,270	Any questions for Marla? Okay, Mr. Chair? Yes. Commissioner Streifel. Um, thank you. Marla. That actually answers my question. My concern. It wasn’t clear to me that they had changed back to just keeping the zoning as agricultural. And I had received several concerned calls about that. So thank you for clarifying that. Yeah, that was one thing that we had discussed.

00:10:46,170	So with Swenson, Hagan. Okay. Any other questions or comments from Marla? Okay. Seeing none, uh, we’ll move into action on the Arcadia lights. Light Estates subdivision. Second. All right. It’s been moved by Commissioner Streifel to approve. Seconded by Commissioner Munson. And is there any discussion on the motion? Seeing none.

00:11:18,630	Marla, could you take us into a roll call? Vote? Okay. The motion is to approve Arcadia lined estates and call for a public hearing. Um, Commissioner Bitner. Yes. Commissioner Connelly. Yes. Commissioner Jarratt. Yes. Commissioner Munson. Yes. Commissioner Risch. Yes. Commissioner. Small. Yes. Commissioner. Streifel. Yes. And chairman. Agnew. Yes. All approved. Okay. The Arcadia Lights Estates subdivision will move to a public hearing. All right.

00:11:52,370	We will move into, um, item number five five on the consent agenda. And, uh, Mitch, if you could take us through some of the details on that. Yeah. Um, commissioners. Mister chair, uh.

00:12:12,070	This is a petition to plat the 40 acres and change the zoning from AG to PUD. Uh, it is a 48, 40 acre lot that the, you know, one lot, basically a one lot subdivision that will include everything that’s required on the preliminary plat.

00:12:38,800	Um, the general we’ve included in your packet some of the general requirements for the PUD, the draft documents and the they we asked them to plat this from the very beginning. And so we just received the plat this week. So we had not had a chance to review it. Staff has not had a chance to comment on it. We just got it.

00:12:51,630	And so it’s we’re lucky we got it for the commission meeting tonight. So um, but that’s that’s kind of a separate issue from tonight because that approval, it has to go through our approval before it comes back here to a for a final plat.

00:13:09,800	So it’s really not concerning this board as far as the plat approval of the preliminary plat approval. Um, there are some issues with the with the PUD for the project from the past, we’ve had some serious complaints and, and issues of owner owner problems with neighboring problems. Um, there is a secondary access to the parcel. That’s not. We don’t have a record of that.

00:13:33,870	It’s not a recorded deed or anything like that. So that needs to be included. Um, but I want to reiterate that the this approval of a consent for this to go to preliminary does not mean any approval of the PUD or the plat itself. Everybody, everybody has the right to make a petition to this board.

00:13:59,370	Are you saying we should pull it off the agenda for tonight because it’s not ready or. No, no, I’m what I’m saying is, if you approve, this does not make or infer any approval of the PUD or the land use change, zoning change, any that’s that’s will come up at the public hearing. Gotcha.

00:14:20,200	Thank you. Oh, my recommendation is to consent on this. Approve the consent for this. Okay. Uh, any questions? Comments for Mitch. Commissioner Risch. Well, just to be just to be clear, the only thing we do tonight is to approve, to go to a public hearing. Nothing. Nothing beyond that. Beyond that, we’re not approving anything in the document.

00:14:42,100	Right. Okay. Any other comments? Questions? Yeah. Commissioner Streifel. So when it says staff recommends approval, that just means you recommend approval for it to move into a public hearing. Okay. We recommend the consent. Okay. Any other questions? Comments from Mitch. Commissioner Connelly. And with that, it’s the notices go out. So the surrounding area.

00:15:05,000	And that gives everybody the same space to speak. And that and that’s why it’s on the consent. Because we have to by law. Send out. That notification. Mr. chair. That’s correct. I, we we do want we will send out notices to all the landowners within a quarter mile.

00:15:22,800	We may even go further, uh, to let them know this is this is a big change. Um, and there’s a lot of a lot of things that are be contingent on review of this proper review and vetting by this board here. Okay. Any other questions? Comments for Mitch. Uh, yes.

00:15:47,730	Um, on the on this pud and the preliminary plat, you guys can put conditions on it for the approval to move to a public hearing. You can say that they need to have the preliminary plat, um, approved and the final plat approved before it goes.

00:16:10,470	You can, um, do the same thing on the pud, or you do have the option of tabling it tonight and requesting more information. Gotcha. So. Okay. Uh, yeah. Commissioner Streifel. Yes. One more question. Um, I did ask for a copy of the application, and so it’s kind of confusing because there’s one, two, three, four different names mentioned. It’s strong farms here. It’s stole Holdings LLP here.

00:16:37,600	It’s applicant is Baldwin greenhouse slash strength and North Dakota. So we have a lot of different names. And if if one and this can be addressed at the public hearing to. But once it goes through who’s actually responsible and who’s holding the PUD.

00:17:00,330	Uh, from what I understand, strong farms, uh, North Dakota, they own the lease. They they lease the property to do this as they’re in agreement with the owners. Uh, they received a grant from the state. From another state, from north. The strength of North Indy. And there I. I don’t know about the contract. I don’t know the ins and outs. I haven’t seen that.

00:17:19,230	But from what I understand, they own the lease on the property. And so it’s some kind of agreement between the two. So the owner, if you look on persevere, is still still farms. But it was strength in North Dakota who purchased the land and they lease it to Stoll Farms.

00:17:38,270	I’m not sure how the ownership is is, but we’re going to have to have clear title on this before any, any plat approval. I mean, and it’s going to have to show who owns the property on the plat, and they’re going to have to sign the plat. So.. Gotcha. Any other questions? Comments for Mitch. Okay. Yeah.

00:18:00,170	Commissioner Bitner yeah. I don’t necessarily have a comment for Mitch, but I do know that he had a meeting with the state’s attorney and the sheriff, and I haven’t had a chance to discuss the the details of that meeting. So I personally am not comfortable with this moving forward.

00:18:17,500	I’m not comfortable with getting off Jump Street yet. So. Okay. Uh, any other questions? Comments for Mitch? Uh, yeah. Commissioner Connelly. Not so much, Mitch, but Commissioner Bitner, since you were part of that internal meeting, do you want to put conditions on a motion.

00:18:36,800	That wasn’t part of the meeting? That’s my point, is that I don’t know the details that were discussed yet, so I’m not able to support moving forward. Would you prefer tabling it for the next meeting? I would I make a motion to table for a month. Uh, second. All right. It has been, uh. Mister chair? Uh, yeah, yeah. For discussion. Mister.

00:18:56,100	Jamie’s here, and yield his time at the public comment. Is it something you would like to hear from him now, before we vote, or. I just feel bad that Jamie yielded his time for this conversation? Yeah, and? And I don’t think we’ll hear anything from the, uh, from the public tonight.

00:19:16,470	I will say that for the public hearing, uh, because we want to give everyone equal and adequate time at the public hearing. So, uh, it has been moved and seconded to table this until the next meeting. Uh, any discussion on that motion? I just want to clarify. The commission chair. Yep. And I’ll just go to the consent agenda next meeting. Correct? Okay. Correct.

00:19:41,100	Thank you, Mister chair. Yes. Mister chair, to clarify, are you saying then that we won’t be hearing from Mr. Feis tonight? Correct. Correct I don’t, I don’t, I don’t want to give one person speaking time before everybody is here to speak on this. I think that should have been said during public comment.

00:19:58,630	Okay. Because he he stood and waited for affirmation after he said what he said and he wasn’t shut down at that point. Do you know what I mean? Yeah. Yep. So, uh, Commissioner Connelly. Yes.

00:20:17,470	Um, with Senate Bill 2180, because he did have that opportunity, and we’re still learning this, uh, vetting it and that, um, so it kind of puts us a little bit jelly legged on the portion. So I would say, um, five minutes or less. And that is a suggestion and just call it a point of order. I would agree. With that. We can, uh, we definitely can do that.

00:20:38,170	Uh, I, I was more inclined to just hear from everyone at the public hearing, but if we if we are okay with that, um, is there any other discussion on the motion? No. He did. Mr. chairman. Yes, he did ask me if he’d have an opportunity to speak, and I said he would. Okay.

00:20:54,500	Um. All right. If there’s no other discussion, Jamie, if you would like to say anything, you sure can approach the lectern and speak briefly. Can I clarify something on the motion? Yes. So the motion included the PUD and the preliminary plat are both going to be tabled, right? Yeah. Okay. I just want to make sure..

00:21:18,730	All right, Jamie, you’ve got five minutes. I’ll try and condense. It or. Less again. Um, I could literally speak for three hours on this topic, but. Uh, if you want to move the mic over a little bit there, you’ll think. Okay, better. Yeah. Okay. Uh, let’s see here.

00:21:46,700	This has been an ongoing problem now for about four years at this property, starting the fourth season. Um, previous owners, I was at this property for three years. No injury or death loss to any of my livestock due to operations conducted there. Um, they were operating as a wholesale facility distributor.

00:22:09,630	They would haul, they would grow product at this greenhouse, deliver it to town for local commercial businesses to sell. What does this transformed into since new ownership? They’re now open seven days a week, ten hours a day. This is a large scale commercial garden center with an on site point of sale building and retail storefront. Uh, we have food trucks there every weekend.

00:22:28,370	Burleigh County Commission told them in 2024 when we were here about the corn maze. Uh, food trucks are not allowed on ag land. Um, we had an issue last year. Food trucks once again, the county commission informed them that, uh, that’s not also not a permitted use.

00:22:48,900	We have a non permitted event venue next door. Um, we now also have a retail storefront for outside vendors to come sell their products on this ag land. Uh, we have a three year school program that is in conjunction with strength and end.

00:23:09,800	Um, there’s plans for construction of a regional processing facility and commercial kitchen, as well as classroom and other items, all not permitted on ag land. Um, this is their third year of operation and has caused approximately $200,000 in damages to my livestock. This number is going to keep climbing the longer this continues. To strengthened and strengthened NDI as an organization out of Minot.

00:23:32,530	That’s who’s funding all of these projects, as well as the planning. Um, strengthen NDI is operate in a school now starting its third year. It’s a three year program. Um, strengthening is as invested approximately $2 million in grant money into this property so far, including $500,000 for the purchase of this property, giving them the leasing rights of this for 25 years. Um, is the Elmo working? Yeah. Okay.

00:24:12,730	Strengthened NDI purchased this property five years ago. They keep trying to tell you guys that that this business has been in operation for 30 years. The previous business was in operation and did not cause problems. This this new entity that’s moved in is not the same business at all. It says right here.

00:24:32,730	Five years ago, they purchased the former site. It’s not. They’re taking over the Baldwin Greenhouse. This is the former site of the Baldwin Greenhouse with their partner for an incubator farm. That’s what their school is. Strong farms. What this item is called. That’s the name of this school.

00:24:54,270	The partner operates the greenhouse, and they use the land strengthen and we have a self-funded incubator farm called the Strong Farm Incubator north of Bismarck. And we are in our first year of implementing a new program for a specialty crops business with small five small farmers growing crops on land less than in an acre. Okay, so that was issued. That was on April 8th of 2024.

00:25:17,000	So this this shows how far back this is gone.. Yeah. Okay. So now October 17th of 2024 strengthening NDI helps rural communities get resources for community development. The United States Department of Commerce invested another $675,000 to produce support agriculture production in Baldwin through the grant, strengthen NDI will create a regional processing facility and incubator to support local

00:25:45,170	foods and specialty crop entrepreneurs. It will have classroom space, refrigerator manufacturing space, retail space and commercial kitchen. So we’re dumping all of these taxpayer dollars into a property that’s not zoned to host any of these events.

00:26:08,100	Any of these operations, all of this stuff, this, this large scale community, this large scale commercial garden center, this onsite point of sale retail building, these the retail store front for outside vendors, non-event, non permitted event venue, venue. All of these are non permitted uses on ag land. Um just a recent event. I mean 2025 season last year. Okay. So they hosted a garden tour at this property.

00:26:35,070	I informed planning and zoning staff, um, of this upcoming event. The day the event was set to take place, because they partnered up with the Burleigh County Soil Conservation District for this. And I called the office to talk to Mitch the day of the event.

00:26:56,870	Mitch was on vacation, so I reached out and talked to Darrell Oswald at Soil Conservation. Great guy. Purchased a lot of trees from him over the years, and I informed him that that this garden tour was considered egg recreation. And it was not permitted in Burleigh County.

00:27:15,870	I also told them that we were in the process of working on an ordinance, and that would allow these type of activities in the future, but I also told them, I said, I don’t want to be the bad guy and tell you you can’t host your event.

00:27:33,600	I said, if you can promise me that you will keep these tour participants paid tour participants in the front half of this property around the greenhouse buildings, I said, there’s plenty for you to tour.

00:27:48,730	He said, absolutely, because I explained to him, if once these people go out back to tour this, you pick sweet corn patch and you pick pumpkin patch that they planted back there last year, I said, I will have injuries, I will have death loss on my animals. He said absolutely. He said that is the last thing I want to hear or see happen. He said, I will talk to Mary.

00:28:02,100	He said, I will tell her that you’ll be gracious enough to allow us to do this tour, as long as it stays up front and we need to keep people out of the back. I said, I appreciate it. I figured that that was going to be the end of that issue, and we were just going to move on.

00:28:18,900	Well, about 430 that day, I noticed on my security cameras people were starting to go out back. So I texted Darrell and I said, Darryl, there’s people starting to go out back. His reply to me was, I told Mary, we cannot go out back.

00:28:37,170	So he said, Mary called the sheriff’s department and told the sheriff’s department, if I call in and report that they are hosting an event to ignore my call, they said that they told the Mary, told the sheriff’s department that Burleigh County issued them a permit for their event, which was 100% false. So she lied to the sheriff’s department, hosted her event. I had multiple dead animals that day.

00:28:57,330	I had multiple injured animals that day. Over $15,000 in loss because of this event. So I reached out to the sheriff’s department that evening. So they can document my loss. Yes. Thanks, Jamie.

00:29:18,800	I think if we’re going to get into the conversations that are like a he said and she said sort of thing, it’d be real fair if the other people were in the room. Well, this is all documented. I’d like you to kind of wrap that up. I think we, I think we get the point. But there will be a public hearing on it. Okay. So there was a notice in order filed because of that event.

00:29:33,700	They put them on notice. It they were told they were in violation of article eight, section 31, and they had the right to an appeal. So they did appeal this. It went through the county commission. They lost the appeal, and they were told that any future events will result in prosecution.

00:29:50,730	Okay. Now fast forward to 2026 season. So we’ve having food trucks every weekend. Once again. This past weekend we had a mother’s day event there. We had anywhere between 3 and 5000 vehicles on this property, 10 to 15,000 people there. This past weekend I had trespass issues on my property, people on my fence. Once again, animals damaged.

00:30:16,270	Jamie. All I’m going to cut you off there and, um, definitely appreciate all the information. Uh, this this will likely go to a public hearing. And, um, we’ll give you plenty of time then to, to, uh, give us more examples. Okay. So.

00:30:38,330	And to be clear, I will be working with, um, Mitch and and sheriff and the state’s attorney to find out what what’s up there? Okay. Hey. Okay. I appreciate that. Thank you much. Thank you. Okay. It has been moved and, uh, moved and seconded. Uh, any other discussion on the motion hearing? None.

00:30:59,100	Uh, Marla, could you take us through a roll call, vote on the strong farm zoning change and preliminary plat? Okay, the motion wants to table it for more information. Um, Commissioner Jarratt. Yes, Commissioner. Munson. Yes. Commissioner. Connelly. Yes, Commissioner. Bitner. Yes. Commissioner. Streifel. Yes, Commissioner. Small. Yes, Commissioner. Risch. Yes and chairman. Yes. All approved. Okay.

00:31:25,730	Uh, the strong farm zoning change and preliminary plat will be, uh, tabled until next meeting. Where it will appear on the consent agenda. That is it for our consent agenda. We’ll move into our public hearings of the evening. And our first public hearing is the Ponderosa Riverside Village. And and village eight subdivision. Excuse me. Okay.

00:32:05,800	This is Ponderosa Riverside Village, eighth subdivision. Um, the petitioners, Dan Steffensen. Deference. No, the engineers told me engineering and the description is all of lot 22, block one, Ponderosa, Riverside village. Eighth or sixth subdivision. All of lot 23 and the west 33ft of lot 24, block 16, Ponderosa Riverside, second subdivision of the southeast one quarter of section three. Township 139, range 81, west.

00:32:42,700	And it does have two addresses, um 7521 Lariat Road and 5590 Ponderosa Avenue. Um. The project size will be a two lot subdivision on 2.2 acres.

00:33:08,470	The zoning is RR Rural, residential and they are asking for approval of the final plat and a do pass recommendation to the Board of Burleigh County Commissioners. It was posted in the Bismarck Tribune, April 28th and May 5th. Surrounding property owners were notified May 1st, and it was on the Berlin County website. In May 1st.

00:33:35,630	Um Burleigh County staff has been working with the petitioner regarding combining the 33ft that he purchased on the east side of his two existing lots, and he we advised him to do a short plat. What he’s doing is combining that 33ft into his two existing lots. It was submitted for pre-application review and there was no concerns.

00:34:01,100	The subdivision fulfills the requirements of article 33, section 12 of the Berlin County Zoning Ordinances, and the final plat has been submitted to all reviewing entities, all concerns and corrections have been made. Um staff recommends approval of the final plat and giving a do pass recommendation to the Board of Burleigh County Commissioners. Are there any questions for Marlow before she steps away? Seeing none. Thank you.

00:34:27,100	Marlow, and we will open the public hearing. Uh, this public hearing is on the Ponderosa Riverside Village eight subdivision. So if anyone would like to speak at this public hearing, please approach the lectern. Let us know who you are, where you’re from. To speak. I can’t believe I’m here. And. Oh, and sign in. Oh, okay.

00:34:46,200	My name is Dan Stevenson. I live at 7521. Lariat Lane and Ponderosa. Um, yeah. Basically this is just gotten a few I’s and crossing a couple T’s.

00:35:24,900	We ended up with three different sections of property just over the years, and now we’re just kind of, well, what are we going to do down the road if something happens to us or whatever? So this is just a housekeeping thing more than anything. It’s just I mean, that’s that’s basically all it is, is we’re just combining that 33ft. I didn’t realize that that 33ft was a lot into itself. And we kept getting the tax, um, statements every year.

00:35:47,330	And it would be this one and that one. And then we get one for our house. And I just thought that that 33ft was married to the the corner lot, but actually it’s not married to anything. It’s just it’s just sitting there.

00:36:06,230	So we just want to redraw those lines and stead of having three lots, we’ll have two lots. All right. Uh thank you Dan, any questions for Dan. Okay. Seeing none. Thank you. Yep. All right. If anyone else would like to speak in this public hearing on Ponderosa Riverside village eight subdivision, please approach lectern.

00:36:27,500	Let us know who you are, where you’re from, and sign in. Anyone else like to speak in this public hearing and last call? Anyone like to speak? Is there any reason we should continue with this public hearing? Okay. Seeing none, we will close the public hearing and move into discussion and action. I’ll move.

00:36:53,600	We approve the final plat and give a do pass recommendation to the board of the Burleigh County Commission. Second. All right. It’s been moved for approval for a do pass recommendation to the county commission by Commissioner Risch, seconded by Commissioner Munson. Uh, any discussion on this motion? Okay. Seeing none. Marla, if you could take us through a roll call, vote. Okay. The motion is to approve.

00:37:19,170	Um, Commissioner, Streifel. Yes, Commissioner. Bitner. Yes, Commissioner. Small. Yes, Commissioner. Conlon. Yes, Commissioner. Risch. Yes, Commissioner. Jarratt. Yes, Commissioner. Munson. Yes. And Chairman Agnew. Yes. All approved. Okay. The Ponderosa Riverside Village eight subdivision will move to the Burleigh County Commission with a new pass recommendation.

00:37:47,100	We’ll move into our second public hearing of the evening. Uh, that is the circulating variance. And do we get Mahler or Mitch? Okay. Yeah, they’re playing rock, paper, scissors back there to see who gets to, uh, introduce this one to us. Okay. Um, this is a request for a variance to building setbacks. Um, I can Mark. I can’t do the. I can’t pronounce his last.

00:38:26,430	Name. So. Um, the applicant was KB builders, LLC. This is in Imperial Valley block seven, lot 16. The address is 3727 East Region Drive. He lives on 0.505 acres. And it’s rural residential. Well, it’s actually in our ten. Um, this we inherited this one.

00:38:54,170	So what they’re asking for is approval to the setbacks and a recommendation. Um, the public hearing notifications were spent, were sent to the Tribune April 28th and May 5th. Berlin County website. May 1st. And surrounding property owners May 1st. The history is KB builders contacted Berlin County staff regarding building a 1200 square foot accessory building on 3727 Regent Drive, um.

00:39:24,600	Because of the required setbacks, the building would be extremely close to the house and he would like to set the building closer to the property lines, and he was advised to apply for a variance.

00:39:42,800	The petitioner would like to change the 20 foot setback on the east side of the property to eight feet. This would allow the builder to set the accessory building away from the house and allow for a larger green space for the outside activities. There is a roll of lilac bushes between the petitioner’s property and the property to the east, so the tree row will act as a buffer between the accessory building and the neighboring property.

00:40:07,330	Um. A review of the property shows the utility lines running across the property. Um, the accessory building was to be built over the utility lines. This is not allowed in Burleigh County, so the property owner has agreed to have the utility lines removed at his expense, and the utility company has been contacted and will move

00:40:31,500	the lines if the variance is granted. Um, there is a variance statement in your packets, and he also applied for a building permit. The variance staff found that the variance request fulfills the requirements of article 28 variances, and the Burleigh County requires a 20 foot setback on the East Line and 8 or 9 foot setback will not

00:41:01,900	encumber the neighboring property. The tree line along the east side of the property will not be removed, and will act as a buffer between the neighboring property and the accessory buildings.

00:41:27,470	Utility lines will be rerouted, and strict application of this ordinance would deprive the applicant of reasonable use of his land and buildings, and granting of the variance does not conflict with the Berlin County Ordinances. Um. The petition for the variance meets all the administrative requirements, and staff recommends approval of the request with the do pass recommendation to the Board of County Commissioners. Okay. Um, thank you.

00:41:52,000	Marla, I, I believe we had, uh, something brought up to us that were the was sent to us, uh, in a letter that said that there was a variance similar to this in this area that was turned down. Was that turned down by the city? No, that was turned down by us.

00:42:04,470	That was us, right? That was the Cody human, um, variance. And, um, he had not agreed to move the utility lines. And part of the recommendation was to find out exactly where his utility lines ran. And, um, he also asked for 1 to 6 foot variance on one side of this property. Okay. So a little bit different.

00:42:30,700	I appreciate the detail. Thank you. Any questions from Commissioner Connelly. Yes. Well with that one, two I believe one side of the building he actually wanted right on the property line to act as a so he didn’t have to build a fence along that way. Yeah yeah yeah.

00:42:48,730	And so I’m there will probably be questions on this because the picture shows. Different buildings. Yeah. And uh, one thing with the other one too is for him to move it. He would have had to build over his utility lines. And that’s not allowed by building code. Um, but he has been given the option to locate those lines.

00:43:10,730	Draw up a lot, survey and resubmit. So, uh. Yes, Commissioner Bitner. I’ll give Commissioner Risch credit for this one. But he was asking about this picture here on, you know, on this blown up picture where it shows the proposed location for the building in the upper right corner.

00:43:32,700	But from the look of this picture, there’s a couple of what looks like a couple of buildings already on the property that look like they straddle the property line.. There are two buildings, um, and he can explain those. Um, one of them does not belong to him. It’s just kind of the way the property line showed up.

00:43:53,230	Um, and he is within the allowable amount with his accessory building. I think one is being torn down, too, but he’ll be able to explain more about that. Okay. Any other questions for Marla? Okay. Seeing none. Thank you. Marla. Thank you.

00:44:15,170	Uh, we will open the public hearing on the circulating variance. Uh, if anyone would like to speak in this public hearing, please approach the lectern. Tell us who you are, where you’re from, and sign in. If anyone would like to speak at this public hearing, please, please approach the lectern and, uh, tell us who you are, where are you from? And sign in.

00:44:39,730	I guess I’m elected. Okay. I’m Darlene Sokolov, my husband Mark, and son, Dylan. Okay, so that building you’re. Just remember to sign in before you walk away. If you can. You can do it now or before you walk away. Just don’t forget. If you’re gonna speak. Yes. Okay.

00:45:21,230	Okay, so the question was on the building. Is that that small little building that’s on the blue line. Goes on straddling the property. Line there. Looks like there’s. Two of them. Actually. The white one and a brown roof. Yeah. One is to the upper portion of the picture, upper right and one to the lower right.

00:45:41,100	Are you talking this one. And so the one that’s in the upper right that’s our neighbors. That’s not our property okay. That’s his building. And the one to the lower right is the one we’re tearing down. Okay. The the lower rate with the brown roof is the one that’s going away. Yes. Correct. No way. No, I.

00:46:01,470	Mean, does he. Yeah. Because I, I’m sure when the property lines showed up they’re not maybe not exactly on the lines. He’ll claim. That is his property. Okay. Well. These are the. Blue line is from the parcel. Viewer. And the accuracy of that is based on GIS.

00:46:19,500	So it could be up to six inches to a foot off. But this this looks like it’s 3 or 4ft onto your property. Oh interesting. Okay. Yeah I have I have a story. I have a high level of confidence in our in our GIS systems. You know. So yeah. You might want to. Find these things for property.

00:46:44,530	So is there any other questions that. Uh no. Yes, sir. Are there any other questions for was it Darlene? Darlene? Darlene? Mr. chair? Yes, Commissioner Munson. One question. So again, now. you’re saying that the the tree line is not going to be removed.

00:47:03,800	Can you prove that that tree line is on your property? Well, according to how this is drawn, it shows some of it might be because they’re lilac bushes. So they kind of grow over the property line. Those are the roots on your property. Or can the neighbor take them out and no longer have a buffer? I guess that would.

00:47:21,370	Yeah, we’re talking about property lines and Mitch is 100% correct. You owe it to yourself to make sure that these property lines are located. The pins are proven so that, you know, you can tell us for sure that those trees are on your property and you have control, that they will not be moved as that buffer zone.

00:47:38,500	Okay. Yeah, we’ll have to. I didn’t know they were on our property. We did not plant them. Our neighbor behind us planted those. Okay. So I, I guess I would assume that he knew where he was planting them, but. I.

00:47:55,170	Assume yeah, assume done no great deal of looking into any of this here. But yeah. Is that something that we need to have done then. So they’re they’re not your bushes. They’re not your that’s not your hedge. No. Yeah I mean they grow. So they’re coming over onto our property. Obviously the hangover. Yeah. But they’re back there okay. Any other questions for Darlene to. Uh, yeah. Commissioner Connelly.

00:48:20,100	, is the house just to the, uh. Uh. Looks like on the map the east. Is that their house. On the east side of where we want to build our shop? Yeah. Those are are there. Those are like little buildings of their own, like. Okay. So their house is in a different location.

00:48:41,500	Yeah, it’s farther on the other side of where those dark spots are. Where the. Those are trees. So they’re on the other side of that, which is not on this map. Okay. That’s helpful. Okay. That’s just. The buffer zone. If it’s two shops.

00:48:57,970	That’s just an old building, right? Yeah. Right. And then in between them they have their garden. Okay. Gotcha. That’s helpful. Thank you. Yeah. And in this so in the in the shop you’re, you’re building, um, I guess I could look it up here. What’s, what size. is the shop going.

00:49:13,430	To be? 30 by 40, correct. Yeah. And it’s just it’s just going to be a storage shop or workshop. No, no residential in it. No residential. It’s not a it’s not a accessory dwelling unit or anything like that. Okay. No one one story. Yes. One. Well., okay.

00:49:31,630	Those are just some of the I know some of the questions that, uh, were, were asked. Any other questions for Darlene to. Okay. Seeing none. Thank you. Yeah. You’re welcome. All right. If anyone else would like to speak at this public hearing about the variance, please approach the lectern. Tell us who you are, where you’re from, and sign in.

00:49:54,230	And last call for speaking at this public hearing on the circle variance. Okay. Seeing. No, uh, no one that needs to speak. Is there any reason that we need to continue this public hearing? Okay. Seeing none, we will close the public hearing and move into action. And, sir, discussion and action. Yes, Commissioner. Small.

00:50:24,970	Um, this is within that local jurisdictions. The way it has been, I mean, the setback. But we changed it. Or what is the setback? Good question. Because, because because this is this is something that’s under the that will be under the new planning and zoning, right? Yeah. The current setback, Marla.

00:50:54,900	Yeah. The setback for that is 20ft because it’s, uh, our ten R5. I’m sorry. Okay. R5 but. Was that was that the zoning when it was under the city jurisdiction? I mean, was that the setback to the city? Yes, Mr. Chair, that’s that’s the previous zoning that we haven’t changed. So it’s basically grandfathered in.

00:51:17,800	We do not have any R5 zoning and we won’t have R5 zoning. So this is going to be a yeah, we follow the original setbacks okay. So 2020ft is the is the acceptable setback right. Now correct. Yeah that’s true. Yes. Commissioner Bitner. Yeah I don’t know.

00:51:38,000	It looks to me like they’ve been in the practice there of building pretty close to the property lines. Right. Based on. the I mean, I’m he’s kind of pretty hard to tell this guy, this applicant know when you can see one, two, three, four, five, six other buildings right around it. I’m in a motion to approve. All six seven.

00:51:58,070	Okay. It has been moved to approve by Commissioner Bitner and seconded by Commissioner Small. Any discussion on the motion? Yes. Commissioner Bitner. Strongly recommend that you verify the property lines before you take one step further.

00:52:15,800	You know, find somebody that’s got a magnetic locator or something on that fashion and find those property pins so you know exactly where you’re at, okay. Any other discussion on the motion? Commissioner Connelly? I would echo what he says because, I mean, if there’s a fire and he’s built onto your property line and stuff, there could be risk that’s involved in that.

00:52:36,900	Um, and kudos for, um, taking down the other building because, I mean, it it’ll probably alleviate some of those things that could fall on you. Um, and then this one would be within your property. So that’s not an issue. So.

00:53:00,370	Um, we knew when we had the extraterritorial area discussion that Imperial Valley is going to be a little bit of a dichotomy. There’s some difficulties with. It. Okay. Are there any other discussion on the motion? Commissioner Risch. I’ll just say when I initially read. It, I thought, wow, eight feet. That’s pretty close, you know, and all this, that and the other.

00:53:15,800	But when I look at this map, I’ll, I’ll, um, agree with Commissioner Bitner. The building right above, it’s closer than eight feet. The building behind it’s closer than all these other buildings right in the area. So it’d be difficult for us to tell them. No. Any other discussion on the motion? Seeing none. We’ll move into a roll call. Vote. Marla, if you could take us through that.

00:53:34,530	The motion wants to approve the variance. Commissioner Munson. No. Commissioner Jarratt. Yes. Commissioner Connelly. Yes. Commissioner. Bid no. Bitner. Yes. Yes. Um. Commissioner Streifel Yes, Commissioner. Small. Yes. Commissioner. Risch. Yes. And chairman. Yes. All except for one 7 to 1. Okay.

00:54:13,000	Uh, the circle variance will move to the county commission with a do pass recommendation that it completes our public hearings for the evening. And now we get to move into ordinance. The good thing is, I think we’ve hashed it out pretty well up till now. So, uh, our ordinance is that we are modifying, um, with the ETH change. Uh, looks like we get to start with definitions. Mitch. Yeah. High def. High def.

00:54:40,800	Um, not many changes are proposed, but the big one we would like to introduce is the buffer yard that we do not have in our zoning ordinances. Uh, and it’s kind of important, um, especially when it comes to residential use, because some of our zoning and some of our industrial areas are commercial

00:55:00,000	are right up to these residential areas. And so there are high, intense use. We’re compared to the low, low intensity use from a residential can cause problems. Um, so I don’t know if you read through it. Um, if you got any questions on the text.

00:55:21,530	So with the on the minimum width of a buffer yard, it says it’s ten feet with the with a six foot screening fence. So that’s I guess as I would envision this, you’d have a fence on your property line. Then you would have ten, ten more feet of buffer and then also there’s also a setback from the property line that this goes on top of. Right? Okay.

00:55:49,100	Like for instance, this buffer buffer strip for the PUD that’ll be determined by this board. So any kind of special use or anything like that or PUD or change the zoning that, that the buffer may change. Okay. Any other questions discussion, anything like that on um, definitions. We have the childcare.

00:56:15,730	Or excuse me buffer yard I should say buffers. Buffers. Yes. Uh, I guess when you move in a childcare center. Yeah. We do not have a definition for that. We’re trying to allow that use now. It looks like I missed one. Commissioner Connelly.

00:56:32,530	I’m actually trying to find it here because in this first portion, um, there was one to where, um, responsibility of the buffer yard installation installations required of all required buffer yards shall be the responsibility of the proposed higher intensity use. And I just want to highlight it for now. I think that’s correct. In the first part.

00:56:55,400	When we get on to the other areas like, uh, 7.8, when we’re talking buffers in those areas. Um, it’s not as well defined about the high intensity. So something to consider as we get to it. Just a side. Note, okay. Thanks for pointing that out. Okay. Now we get to move on to child care centers, okay.

00:57:16,370	That we we do not have the definition for this nor the allowed use. So we’re introducing that in our zoning ordinance as well. Um, it’s basically offering care maintenance and supervision for up to 24 hours for 12 children under the age of 12, in accordance with DHS. Uh re requirements. All right. Any questions? Comments on childcare center.

00:57:47,170	If not, we can move on to, uh, the, uh, incidental uses. I guess in seven, two. Okay. The upon your request, I’ve created a table that increases the, the, uh, the allowance per, uh, comparative to the size of the lot. Currently, we have a 4%, um, per lot size.

00:58:16,470	And I calculated the computation is there as, uh, it’s all under 5%, which, um, up to five acres on 5%. You can see it gets it climbs pretty quick to over 10,000 square foot. Building. Um, I don’t recommend going higher than that. Uh, because that’s. That’s a very big building.

00:58:43,100	And you don’t want these buildings to be dwarfing the primary use of the property. Residential. And so it’s you’re also getting out of the residential code into a commercial design for these buildings and engineering requirements and, and that sort of thing. And, Mitch, what this is in what, what zoning. , incidental use. just. In. Other accessory uses for, uh, for, uh, accessory buildings.

00:59:13,500	Yeah. So this would be non ag. No, this would be for every uh well not AG but it goes I mean ag it just stops at six acres or five acres for the 5% increase. And for six acres it goes back down to 4%. Okay. So this. Yeah would fall into this two years. All right.

00:59:37,170	Because we have many ag lots. There are ten acres. Yeah. And so would fall into this category as well. The larger lots I mean we don’t you come you know 40 acres. Okay. For five 4%. That’s a lot.

00:59:53,870	Of I just I just wanted to clarify, just to make sure that we’re not limiting. Uh, is there some farm shops that are. very big? Pretty darn good size. Yeah. Yeah. But this is what you guys were asking about because of all the special use permits we’ve been asking for. And it does go up to, like I said, 10,000ft for a building on five acres. That’s a very big building.

01:00:13,270	Okay. Is there. For a residential use? Size is, uh, I guess the percentages and sizes. Are we happy with that? Oh, yeah. Commissioner. Mitch, I think you got a floating comma. on on the two acres. It just needs to get lower down. Oh. I got a quotation mark. Yeah. Yeah, sorry.

01:00:36,800	Just a little true up on that one. Yeah. Yeah, I’ll get on it. But I mean, if you get up past ten, if you want something fast, 10,000 acres or a square feet special use permit, I mean, that’s. Yeah. No. Okay. Yeah. Okay. It’s on. The 48. Yeah. And we’re and.

01:01:02,630	Yeah, we’re and we’re still keeping our sidewall heights and. our building height. So looks looks good. Okay. Yes. Commercial small. Don’t we interrupt you. But. So where would we be on like a standard early county acre and a half lot then.

01:01:22,230	I mean, where does that fall in here? Is that the 5% then? Uh, well, I started at two acres. You know, I could put two acres or less. I could put two acres or less. Well, I mean, standard, standard rural residential is an acre and a half in Burleigh County or what used to be for quite a long time. So I was just.

01:01:39,870	I mean, and I’m not picking on you. I’m just wondering, do we have any idea what what the variances have been asked for in the past on the acre and a half lots? I mean, is this gonna fit most of the ones? I mean, I realize I’m asking you kind of a general question, but you know what I’m trying to say.

01:02:02,230	Right? Yeah. Mr. chair, we had a request on four and a half acres, uh, last month or the month before, and that ended up being, uh. That was over 6%. Uh, well, yeah, it he the request, what he was asking for was less than this. And so it that would fit.

01:02:22,170	Well, I mean, it’s most of the they get into the five, 4 to 5000ft. Then we also had one for 8000ft. That was on a five acre lot I believe. Yeah. But that was on a four acre. Two I want to say that came out at like 6. Or 6. So it would have felt it would have fallen.

01:02:39,100	I think that’s about the only one that would fall outside of the of what’s being proposed. Mister chair. Yeah. Anybody to follow up to, uh, Commissioner Small’s, uh, question? You could easily, as Mitch said, put two acres or less, and that’s the 5%.

01:02:59,070	Then it’s covered one acre lot, a one and a half acre lot. If it’s two acres or less. Yeah, yeah. Go ahead. What have you had? A half acre lot. It’s. You’d still be 5%, but. Right. 5000, 4300ft. No. But it’s. 5% of your total lot. So if you only got a half acre, you’re only 5% of your total lot area.

01:03:19,100	Yeah, I think I want to. So basically two acres or less. Or less. Then that covers any other special use permits. I guess. Could we, could we just I like that you did the calculations here. Could we just simplify it and just say five acres or less at 5%. And then. And then. Um.

01:03:39,730	Uh, six acres or greater at 4%, not coverage. I mean, it seems like it would just kind of simplify the whole table. I like I like seeing the numbers for our reference of what. That I put them in there. I’m not going to include that in the ordinance, but. Yeah. Okay.

01:03:56,600	No, it’s uh yeah, there’s a lot of things I or or more or or greater. Yeah. So 5 or 5 or less. We’re at five and basically above five. We’re at 4%. So yeah.. Good coverage. Yep. Okay. Uh, we move down to it looks like there’s a.

01:04:18,870	So but a not limited to which I think is what we, we specified last meeting uh, right above the minor home occupations. But moving in a minor home occupations. Any any issues there. Yeah. That’s the one where we were asking about, uh, we allowed these as permitted by. Right.

01:04:41,370	Um, it’s basically operating a very small business out of your home. Um, it did increase it up to 50% of the floor area. We kept it. We did add one additional employee that was not there. And then we kept the sign, I believe, down to one square foot. Mhm. Yeah. I want to get to that one by one. Yeah. The smaller size.

01:05:13,530	But when you put it on the big pole that’s. So it did increase some of the minor occupant home occupancy use. I’m not not by a large amount but I’m it included all this additional information that we didn’t have there before.

01:05:36,970	The next one is the major home occupancy occupations. The big, big item on this is allowed in all districts, as permitted by Supp. So. Now on the minor home occupations, basically at the bottom of six, um, we’re calling out. So we’re getting back into that CDL discussion that we had last meeting.

01:05:58,470	Uh, this so we’re calling out no vehicles associated with the home occupation where or which require a CDL to operate in North Dakota may park overnight on the property or the street so they can park there during the day. It just can’t park them overnight or that’s everybody good with that or no. Okay. Yeah. Speak up. Yes. Thank you, Mr. Chairman.

01:06:18,700	Absolutely not. Um, you know, I’ve run a small home. Occupation? Well, maybe not a small, um, thing, but just because I have a commercial vehicle that is used for work and I have to park it someplace, it parks inside at my place, and I’m not going to change doing that. Now, Mister chair.

01:06:47,230	Yes? Go ahead, Commissioner Bitner, does your truck do you have to have a CDL license to operate it? Yeah. Okay. Yeah. Three quarter. Yeah. It honestly doesn’t. It doesn’t take much. Yeah. And then. And then the same thing with trailers. No, I understand, you know, a paragraph or two up.

01:07:06,170	Tony, I got three trailers and I’m not going to, you know. Way over that. with just two people. Yeah. Keep in mind what so this is minor. And then we’ve got major. So yeah this Mr.. Mr. chair, keep in mind this is under a special use. Permit. Second.

01:07:27,470	This is this is required by your special use permit is required for this for. A no. For a major. It is one. And you’re talking minor. So yeah. Yeah. Number eight. number okay. Yeah. What, uh, what do we want to change that to for language on 8 or 9 a. Um. Five vehicles and four trailers. Yeah. So I don’t know. How we’re gonna make this work.

01:07:53,700	Yep. Yeah. You’re gonna have to leave. You’re gonna have to move to Montana. No, I don’t know. Is there. Is there a moving town? Move into the city? Yeah.

01:08:13,330	Is there a way that we can call this out as when it’s in AG? It’s different somehow because I just I think about like, okay, we’re some of these examples that have been brought up that would be zoned AG. That’s not real residential. Is is it different? Should it be should. It be different. Putting restrictions on eg I’m surprised to see AG in here.

01:08:34,070	Well, keep in mind you still have AG lots that are like ten acres. There are many of them. They’re not like farms, they’re not huge for 100 quarter sections and all of that. This is a ten acre lot that’s next to most of them are next to residential. Areas. So I it’s. Well and that’s why we’re hashing through these. Yeah. Right. But Commissioner Bitner yeah.

01:08:53,270	I’ve run my company now for 39 years and it’s been on eggs on land. Right. And I was there before 99% of the other neighbors. There was all cropland except for this big barn across the street from me. So all of that came to me, not the other way around.

01:09:14,070	And my place is completely or essentially totally surrounded by trees and whatnot. And so I don’t want to suddenly become like, I’m violating something because I’ve been there for, you know, 39 years. Mr. chairman? Yeah. Commissioner Risch What? I was just looking at it.

01:09:37,630	What if we just scratched eight and nine a and you leave nine? That says vehicles and trailers with the home occupation must be parked in an orderly manner and surface suitable parking devoid of tall grass and all those other provisions. But we just not even refer to how many vehicles are or the commercial driver’s license thing.

01:09:55,470	If we scratch eight and nine, a, uh, we let people do what they want, but they can’t make a mess. Uh. Mister chair? Yeah, Commissioner Risch or Munson. Yes. So and again, we’re talking about a minor occupation.

01:10:17,730	Um, I would look at it as a, uh, semi driver that leaves his truck parked out, running all night on an acre and a half lot. That’s where I would be a little concerned with it. Now, I agree that I thought we took ag out of this, that that’s where I thought we were going. It was. This is just our our lots. Not ag. Right.

01:10:40,700	And so when minor home occupations into this egg and egg is ten acres or less, that’s a different story than an RR lot with an acre acre and a half. I don’t want a semi sitting next to me, running all night long. Am I residential lot? Right? But if it’s an egg lot. Yeah. Mr. Bitner.

01:10:59,570	I do have. I do have one neighbor that’s just kind of kitty corner from me. And he parks a semi there, but it doesn’t sit and run, you know, he just that’s where he lives. you know. But is he egg. No. Oh he’s. Okay.

01:11:19,070	Um, I’m not aware of anybody have a problem with that particular one? Just because he owned the semi? I’m not sure that would be sitting there running all night. You know, for me, it’s cheaper to plug them in or during the same. Uh, Commissioner Connelly or. Yeah. Go ahead. Okay.

01:11:36,170	Well, if we took it out there, I mean, we’ve evolved enough to where we pretty much know what a, uh, unless it poses a direct, um, health and safety issue, then that’s where we could recommend, like a special use permit. Um, along the wording with that. And we can take that verbiage out that would take the new ounce nuance out of a lot of the conversation.

01:12:00,170	Yeah. Commissioner Small you have something? Um, I guess I’m just looking at it in it. Owner operator. Guy that leaves this trailer maybe out of shop or something and takes his semi home and parks it in his driveway or whatever.

01:12:16,870	Next morning he gets in and he leaves or whatever, I guess I, I don’t want to say that you can’t have a CDL vehicle parked in your driveway. Is there. Is it does he need to run a full trucking company? No. Right. Yeah. Is there is there an easy way to. And I don’t know.

01:12:33,330	I know there was a it was brought up to potentially scratch eight and then nine a uh, it was also potentially brought up to just uh, what would it say, uh, exempt eg zoning out of this. Is there a so it says in here it’s um allowed in RR or AG zoning. That’s the first piece of section three. By. Right.

01:12:56,270	So does this I read that wrong that you just you don’t need a for the minor home occupation. Then if you’re an RR or AG you don’t need a permit because it’s permitted by right. Correct. Uh five page five. Write it where the beginning of minor home occupations. And then. Everything else.

01:13:26,630	And then everything else. If we took a out and just said that, um, exceptions would be if it poses a direct health and safety issue, then, um, the county would consider special use permit under those circumstances. Yeah. Commissioner Bitner. Thank you.

01:13:53,370	We do need we do need to be aware that some people use their properties as kind of like a junkyard and storing things. We just, you know, we talked about a thing out there in Imperial Valley and just recently. And I forwarded it to Mitch.

01:14:14,370	But we’re getting complaints from Imperial Valley about all the all the junk cars and, you know, unlicensed stuff and whatnot laying around out there. Um, so as we’re going through this, I, I appreciate that we’re not wanting things to get out of control in a, you know, our, our, um, because in those smaller lot subdivisions, that’s a whole different situation than mine. But mine is on a bigger AG piece.

01:14:35,070	Um, that that shouldn’t be lumped in with our. Especially since there was no RR. Yeah. Commissioner. I could swear that at the last meeting, we decided to scratch AG off there. Um, because we had talked about not being able to zone AG property. Right? Not being able to use our zoning. Or be the most lenient.

01:15:04,370	I know, but we don’t need to say AG at all there. We can just say allowed in RR. That’s what I would. Prefer zoning, I. Would be, I think I would probably. Be better. Take the ag piece. Out right up front. Yeah, just take the egg out of there and. Mister Chair. Yeah.

01:15:20,900	Yeah I agree. Um, when you the problem is when you take some of these things out of the ordinances, you have no references.

01:15:38,600	So if you got a ten acre lot, that’s ag next to a bunch of residential stuff and they have all these activities going on, what do you what do you have to to remove it or it has to be removed? We’re not it’s allowed use. You don’t have to get a permit. You don’t have to get permission.

01:15:54,270	But if it becomes a problem, then what do you do? But I think what I think what you were talking about, Commissioner Bitner was, uh, on ten acres. It’s a whole lot different than these. An acre and a half, two acre, maybe even three. Five acres. You know. At a half. An acre. Or a half acres. Yeah. Um. Commissioner Streifel. Yeah.

01:16:10,730	Do we have a lot of those type of areas right now where we have ten acre lots and issues that are zoned AG. Well, issues? Well, we do now because we’re we’ve inherited the city. And so there we are getting complaints on on them. And their zone day, there ten acre. There’s an egg okay. Absolutely. All right. Yeah. Commissioner Connelly. Let me help in context with that.

01:16:33,700	Because of the county residents, I was surprised at the number, but the number, um, with that extraterritorial area there were saying there’s roughly 12 to 14,000 people there. So those lots come up pretty small, pretty quick. Yeah. Okay.

01:16:58,100	Uh, language wise, uh, what do we want to have mention to you? Just strike the zoning from the minor home occupation. And then just leave the rest the same. That would be my preference. Okay. Uh, Commissioner. Small. Yeah. Well, it kind of kind of goes back to ag, meaning, you know, what’s what’s still ag. I mean, acre and half to me is an egg, but that’s, that’s the our part.

01:17:18,370	Yeah. Because AG could be down to ten acres. Yeah. So is the that’s minimum is ten acres. Ten, ten acres is the minimum correct. Yeah. So that’s going to say that in here somewhere. That’s in the in the greater ordinance. It’s in it’s in an article 11. Yeah. Okay.

01:17:39,730	Okay. So if we strike just the AG zoning out of there, I guess you can kind of wordsmith it. But basically just saying that the, the, the RR, all of this highlighted stuff under minor home occupation only refers to if you’re doing minor home occupation in RR.

01:17:59,070	How? However, we want to say that and take the east side of that okay everybody good with that. We can. Scratch the AG piece of saying. Yep, right there. So on major home occupations, um, anything here. Now these are these are SF or special use. Uh, yeah. Commissioner Small.

01:18:21,470	Did we get where are we at with nine with the CDL deal? Did we strike that? That would be. Isn’t that under the minor home? Yeah. So? So as of now. Now that wouldn’t that wouldn’t affect AG. That would be only in RR.

01:18:39,000	So do we want to do we want to leave the language the same under the minor knowing that this is now just in RR? I guess is uh, Commissioner Small, um, thought on nine a and probably eight, I would say. two because RR is going to be less than ten acres.

01:19:03,100	So do we still want to leave that in that nine a which talks about the, um, no vehicles overnight that require a CDL. I that’s true. Yeah. Commissioner Bitner yep.

01:19:27,070	I like I said, I do have a neighbor who is on RR acre and a half and is rated right near me that parks a semi there and he’s not been a problem, so I can’t I can’t use that as a as a justification for that sentence or that paragraph. Are we. So if we if we would strike nine A, then do we leave. in line eight. That that basically limits to two two vehicles and two trailers associated with the home for any time.

01:19:55,270	Associated with the home occupation? Yeah, the home occupation. Yeah. So it doesn’t count. Right. This would be for the home occupation. Just for the. Home is what it says. Yeah. Commissioner Small. Yeah. That’s not that’s not terrible. Right, right. Mr. chair? Yes. Yeah. No trailer for leaves. Or whatever. Yeah. Your business.

01:20:15,930	It’s the the tendency. I mean, this the in intent of this is to allow people who have a business, they work out of their home to do that. Now, there is there can be a tendency to increase the use of that.

01:20:33,900	And so if you and typically you’ll have more employees and more cars and more trucks and that sort of thing. And that’s, that’s why it’s in there. Yeah. Um. So if I was going to go over two vehicles and two trailers for my home occupation, I would then have to come in and request a special, a special use permit. For a major. Yeah. Right.

01:20:52,000	So I mean, if, like, your neighbor, Commissioner Bitner, or if there’s no complaints in no harm. No done, you know, no, no problems with it, you know, nothing’s going to be really done about his semi. But this is for people that we have to complaint. It’s not Imperial Valley, but it’s in the transfer area of this guy who’s got 6 or 7 trucks. There.

01:21:12,700	And siding business. And all that stuff. So is the is the line eight for two, two vehicles, two trailers. Is is everybody okay with that one? And then do we want what about nine A leave it or take it out. Well Mr. Chairman yeah. No go ahead.

01:21:29,470	Thank you I, I just don’t want to turn my neighbor into something he’s not today. Right. Because he’s not a problem. He’s a. I would I. Would say take it out. And then if it becomes a problem because we’re going to grow into this space, I mean, it can be changed at any time. Yeah. Commissioner Risch, well.

01:21:45,900	Nine A we could essentially, um, just modify it to operate May Park overnight and just take on the street or the street, take the street off. If he’s going to park it there, he’s got to be on his property. That’s one possibility. Oh, just to keep it off the street. But yeah. He’s got.

01:22:06,130	To keep it off the street. Yeah. But again, as we talked, a three quarter ton pickup with a trailer requires a CDL. Yeah. Battalion. So my pickup is going to be in violation. If you’re on. RR if I’m on RR. Yeah. And I’m going to turn you in.

01:22:26,830	If you’re now that. Thank God I live in the. That’s if that’s so. So if you don’t have a home occupation then. What. Then it doesn’t matter.

01:22:42,600	Then I can then I, I can have my I can have my skid steer and attachment and trailer and three quarter ton truck and which requires a CDL. Then I can park on the street or not. Yeah, yeah. If you’re not running a business out of your house, that’s the whole thing of this is running a business. Yep. Yeah. Okay. If it’s for my personal use. Yeah. Different story. Okay. I just want to clarify that, Commissioner Connelly. Yeah.

01:22:59,000	This is what brought the entire home occupation debate to the to conversation is it was a one man sanitation business on the northeast side. They had a permit for a shop. They had all of their contractors in line. And it was. Yep, yep, yep. At the city.

01:23:18,730	And, um, our perimeter showed up, looked at the side of the trailer. Oh, you have a home occupation nixed the building right there. And then we were down the rabbit hole. Gotcha. So on nine A. And while I should say. Yeah, he did specifically state if it was non home occupation, you could have as much as you want.

01:23:41,700	And therein lies the rub. Kind of like pulling your trailer with your RV, right? Uh, Commissioner Small. Okay, maybe this is a dumb question, but if he’s running a landscaping business and the office is in his home. That’s. That’s a. Home occupation. Yep, yep. So do we. So are we.

01:24:05,100	Are we good with taking nine a out? I’m good with it or modify it. I think we should take it out. Okay. And anybody want to tell Mitch? No. Marlon’s got. It. Marlin. All right, take it. Yeah. Nine nine, eight under, uh, minor home occupations, please take nine. A strike that out of there. And just. Yeah. Okay.

01:24:32,970	Anything else in minor? Well, just to help out with Commissioner Small since he, uh, since you brought up the, uh, um, landscaping business, two of the people that came to the city, home occupations, they were landscaping businesses. So what? The city evolved to. Uh. They actually had lawyers and everything to where they came.

01:24:53,800	So what we the conclusion we came to end on the final set, they were actually very involved in that. So it’s interesting that you brought that up because they weren’t going to sign off on it unless they could work their business. And that’s what we can do. So especially for that.

01:25:11,430	Commissioners, those, uh, property owners were one of our first meetings regarding this. And they’re I don’t know if they’d be grandfathered in or not, but they have been at these meetings. So we do know about it. Okay. So okay.

01:25:32,900	Anything else on minor home occupation that we want to modify before we move into major? Because I got a feeling there’s a few in major that are going to be talked about. Okay. So major home occupations. Um, my I just jumped right down to, uh, number ten under major home occupations. It’s staying on the same line here.

01:25:54,900	So if you come in and you get your special use permit and you’re on a major home occupation, and you can have all the things in here. So we talk about the CDL units. Uh, this is allowing, um, one for a major home occupation. To park on the property at any time.

01:26:22,070	Do you want to keep that? Do we modify that? I just. I think we should keep it, you know? Okay. Simply because if if there’s a special use permit, you can modify. That, right? I mean. You’re not necessarily just saying. No, but.

01:26:46,470	I think because we’re talking about rural residential or subdivisions, that I think keeping that kind of limited is probably a good thing at this point. Yeah. You go to that landscaper who has 2 or 3 pickups, two, three trailers, excavators, whatever. Uh, on their five acre residential lot. They’re going to probably have more employees than what we allow in here, and they’re definitely going to have more vehicles that we allow in here.

01:27:08,600	But it is a special use permit. And Commissioner Bitner is exactly right when that when that special use permit is applied for. We have those allowances at that point. Either that or you got to get off site. Yeah. Storage or staging. Uh, in the beginning of section for major home occupation, do we need to.

01:27:26,500	So it says allowed in all districts. We’re good with that. I think we are. I think permit we can take on the case by case. With that. Right. Okay. Perfect. Uh, anything else in major home occupation? If, uh, if not, we can move on to childcare center.

01:27:57,430	Um, Mister chair, uh, this is, uh, under article eight. Um, we did not have a daycare center, uh, before. It wasn’t defined. It wasn’t even in our ordinances. It was basically the same thing as the home. Home care from our one.

01:28:18,470	It’s, uh, under 24 hours of care with no more than 12 children. In accordance with the DHS, uh, licensing. They’re required to have special use permit in all zoning districts. Each. Each building shall provide no less than 35ft of interior recreation area per child.

01:28:42,370	And an adequate big one on on number one is adequate off street parking. Uh, they can be a mess just a couple times a day, but there’s a lot of cars there, so. Uh, the. Do you know Mitch? Maybe do maybe don’t. Um, how similar is this to the city’s? That’s pretty. Close ordinance. I would I would think it’s got to be very pretty similar.

01:29:03,570	It’s pretty close. I wanted to keep it close because it’s there’s we know there’s childcare facilities out there in our jurisdiction down. So. Sure. Okay. Uh. Everyone okay? Oh, yeah. Commissioner Connelly. Um, on the consent agenda, wasn’t there a, um, care center with that? Did that fall within the compliance? Uh, okay. I might. Be mentioning it.

01:29:28,700	On tonight’s consent. No. You’re still in last night’s. Meeting. Okay. All right, so. Um. We can move on from child care centers. We get to go into major home occupations. Right now, this is under. I didn’t. We just. Do this. This is article eight. Yep. It’s.

01:29:59,230	Yeah, I included this as as a change to article eight because now it’s included. If we’re okay, I’m the only thing that changed on this. Well, not not with the special use. Nothing changed on it. I don’t believe you didn’t. Okay, so this is the same as what we just discussed? Yes. Okay. Yes. Gotcha. Okay, so we get to move on to the egg. Yep.

01:30:22,430	Egg. Right? Yes. And it looks like. Um. Permitted uses, uh, looks like 14, 15, 16 and 17 were added. The temporary sales of certain. Items. Portable storage containers, accessory solar energy and minor home occupations. Right. Mister chair? The the only ones that that the only thing that I see.

01:30:47,330	Not a red flag, but concern is the portable storage containers or X boxes. Where’s that at? On page. 131315. Page 13. All right. Thank you. Um, yeah, it’ll be item. Uh, 15. Um, they’re problematic.

01:31:14,000	Um, people use them for all kinds of things, and they just put them in there and they kind of end up off kilter, or they just, you know, they all rusted out and they don’t they, they, you know, they kind of an eyesore to some people. Yeah. Commissioner Bitner yeah. Thank you. Um, I bought some lots in a, in a subdivision that adjoins my land. And they actually had covenants that don’t allow the portable storage containers.

01:31:35,170	And somebody actually moved one in and ended up they had to move it out because, um, I am absolutely not going to support portable storage containers in the rural residential, even though, in all fairness, one of my cousins, uh, texted me before the meeting, he’s interested in having a portable

01:31:55,700	storage. One of those portable storage containers on his lot in a rural subdivision. And I’m. I’m sorry, I’m not going to be able to support that. Yeah. No, this is an. Anecdote. But but I get what you’re saying, though. Yes. So this would. Be this would be on AG. Are we okay with that. All right.

01:32:14,530	So this would be ten acres or up. Well there’s I mean. I don’t like them at all. I mean. Yeah, Mister chair, I think that there should be a limit on them because it’s allowed means you can have 40 or 60 or so. I think there should be one per parcel.

01:32:35,170	Um, and I don’t, I don’t know, I mean, I was going to suggest on, on residential, but you’re going to take that out one person per parcel is allowed and that’s it. And then one for AG one per five acre.

01:32:56,430	So yeah, I, I it’s gonna have to be I mean maybe it’s going to be something that has a little bit of limit to it. But I mean if you’ve got somebody out on a quarter of land and they’re going to put ten containers out there, I don’t, I don’t know why we would care.

01:33:12,370	So maybe the per acreage maybe thing, maybe that makes a makes sense. So if you have your ten acres, you can have two. And you’re and you’re an egg. I don’t know that that would be two per ten acres. As your smallest egg acreage. That means you could have two unless it’s maybe it’s one I don’t know.

01:33:31,100	Or is it one per ten acres? Maybe it’s one per five acres, I don’t know. Any thoughts on that? Well, 40 acres would be eight of them allowed. Mm. That’s a lot. I know. Typically the one I, from what I’ve heard is the complaints come when they’re unsightly containers because there’s some of these containers are painted up. They’re really nice. They, they don’t look you know unsightly.

01:33:54,530	It seems like people are a little more okay with them at that point. When you get the old rusted ones that are all, you know, not looking good, then it typically, you know, people are like, oh gosh, that looks terrible. But then again, that’s your land. You can do with what you want. So Commissioner Small.

01:34:10,530	I got four of them. Yeah. On one, on one trippers. On how many acres? Well, I mean, that’s an 80 acre patch. Yeah, exactly. Yeah. You know, it depends on how you split it up. Yeah.

01:34:26,600	So I’m, I’m, I mean, I’m not an advocate of the multicolored ones, but like I said, I got four of the ten one trip ones there come over the first time. They’re ten. They’re nice. They’re in good condition. Yeah. So I’m, I’m, I’m not against portable storage containers. I don’t know how you can make it. You know, the ugly ones that.

01:34:44,230	But I don’t know, it’s it’s typically when the ones that people complain about are the unsightly ones. But, uh, do we want to put a acreage, a per acreage on here in, in ag or just leave it? Oh, yeah. Commissioner.

01:35:07,270	My neighbor has multiple containers, but they’re in the back of his property behind a row of trees. Nobody can see him. Nobody cares. Um, I don’t have a problem with them. Okay? Do we want to leave them in? Leave it in as it’s written in. AG. So that line 15 would would just stay as it’s written. I would. Leave it. Okay. We sure can leave. It.

01:35:36,000	Okay. So then, um, we would move on to page 14 under Major home Occupations. Do we. Let’s see. Do we need to call this out? Because isn’t that under the major home occupations.

01:35:59,800	So when you go into the the piece that says major home occupations isn’t this stuff, is this stuff called out or is this this would be different for AG, right? Mr. Chair? It is. But under aggregate section for special use. And I put it in there as a listing. Okay.

01:36:14,730	So I just was looking at the it says major home occupations and it has all the things kind of called out in it are all those call outs in the already in the major home occupation piece. So do we I, I don’t know, it just seems like it would simplify if we just took all those, all that wording out and just said major home occupations. But uh. Sure, unless it’s any different than.

01:36:29,970	No, it’s it’s the same. But I I’m glad to. Take it. Oh no, it’s just a lot, a lot less wordy. Uh, yeah. Commissioner Small. I might be a little bit behind here, but what we’re talking about. Major home occupant in ag land. This is. We’re still talking. Excellent. Right.

01:36:48,630	So the farmer can’t have more than one external employee. Uh, it’s Mister chair. These are for home occupations. These are for somebody who wants to run a business, a small business out of their home, not farming, you know? You know, I get a little confused with some of that stuff. I apologize, but. Yeah.

01:37:10,270	But when we’re talking egg, do we have an acre size on this thing somewhere or. Yeah, ag AG would be ten acres. Take ten acres an. Out or more. Ten, ten, ten acres to the moon. Yeah. He’s running, you know, a thousand acres.

01:37:26,800	And he looks at this and says, okay, now I have to have a sheep to be a farmer. That’s confusing. That’s that’s that’s my point. Could we put on their major home occupations other than. Uh. Agriculture related? Sure. That would that would clear it up. I’ll just put after after the major occupancy. I’ll just put other than agricultural associated work.

01:37:50,100	Sure. Yeah. Mr. Chairman. Yeah. Commissioner Risch. Yeah. I’m just looking at this by. Right. An egg with ten acres or more, you can have a salvage yard and a. Junkyard. These are special use. Special use. With a special use. Yeah. Okay. Some of them look like they got junkyards.

01:38:16,700	Yeah. And I think, uh, and I believe salvage yard or junkyard means you are. Um, you are making an income off of that, not, uh, not that my stuff looks like a junkyard. Sells one for every month. Yeah. But if we.

01:38:36,800	But if you’d like to take anything out of here, you sure can. It’s, uh. This is the. This is the time to modify. So. Well, I just remember somebody years ago that had all this junk. Um, on his lot, and it was.

01:38:59,530	And they there were ordinances against having all this junk and he said took them to court, and he said, that’s not junk, that’s inventory, you know, and he was selling a little bit here, selling. A little bit there. And it’s. just all this junk is inventory. I’m gonna use that one.

01:39:19,170	So the, uh, that’s that’s always, uh, it’s always kind of an interesting, uh, topic on, uh, on having junk or maybe unsightly things on your property is that, you know, some of us have a lot of it, but some of us are better at hiding it.

01:39:30,000	You know, like you said, Commissioner Streifel, is that if you’re going to take these things and you put them behind a tree row and no one can see it from the from the road, nobody’s probably going to say anything. But if you set it all out by the road, you probably you might get some complaints. So but again, it’s still your property and you can do what with. It. What you feel. Uh, so moving and that’s, that’s it. An egg.

01:39:47,000	Right. So we are now to article 12. Ah, one page 17. Yeah. Page eight. Page 18 is the first change for chicken, hens and coops. Uh, this hasn’t we haven’t changed anything on this. No roosters allowed. And you can have no more than ten chickens.. And this is in just for everybody’s, uh, reference.

01:40:12,000	This is our one. It’s not egg. It’s all. In those rural residential lots. Ten chickens, no roosters. Storage containers. Um, yeah. Um. So we’ve got. So I guess I’ll just work down here. So private storage units, what would be considered a private storage unit. That that is. For like. That’s further discussion.

01:40:45,270	We had this discussion last time on shop condos. Yep. So private storage units. Yep. Uh, allowed with a special use, but we can talk about that later if you want because we have we have that same thing in industrial. I could talk about it then. So we’re private storage units in R-1.

01:41:05,730	Are we okay with that? And I assume a private storage unit means it’s got it’s it’s got a cement foundation. It’s more like. You guys want to talk about it now? I have a building. Right? Do you want me to talk about shop condos now? Well, it’s. Is that. What is this referring to? Shop condos? It is. Okay. Okay.

01:41:21,900	I can certainly bring it up. Um. Oh, he’s bringing out the big book. Well. But yes, I, I would agree that I would agree that number number six. Number 16, is everyone okay with striking number 16 out of our one. That is portable storage containers are not allowed in. R-1. Okay, Marla, you got that. One.

01:41:52,900	Number 16 under section two. Thank you. Okay. Personal flex. This is a draft. Uh, Mister? Mister chair, this is a draft under the, uh, city of Bismarck. I don’t really want to follow it, but, I mean, it’s it’s a good start. Um, shop condos are extremely problematic. They they cause a lot of, um.

01:42:41,530	Well, starting with code violations. They started with people living in them, uh, running businesses out of them. Uh, all kinds of things. It runs the entire gamut.. Because in Bismarck, in the city, in a shop condo, there is no residential allowed. Correct. As they are only allowed in industrial district. But there but the right there’s no residential use allowed.

01:43:07,600	Oh, absolutely.. You cannot. But this. Is this. Is a shop condo. Yeah. No. From under no circumstances. Right. Yeah. Okay. You’re you’re not just code violations. You are ordinance violations. You’re ins building code violations. Yeah.

01:43:29,600	And that’s they cause a whole number, a whole host of issues with building codes, because all of a sudden they’ve turned this shop condo in and a paint spray operation or a welding shop or a auto repair, all things that require sprinklers. And so we have to be very careful with them. Uh, they’re not in our ordinances now, but it was brought up at the last meeting that we should.

01:43:49,330	And I agree that they we would confine them to industrial, uh, not commercial, but industrial. And then also consider the this residential use, which is the big the big thing on on that is the highlighted introduction of definitions. It’s non habitable noncommercial building used as an individual or household for personal storage, hobbies craft or private recreation.

01:44:18,100	Man caves. ET cetera. And not open to the public. The uses are intended to be for use by residents of an adjacent neighborhood, so. You had to be kind of right next to a neighbor. Now, we had a call on up there at, um, the ranch, that’s that’s zoned commercial there.

01:44:42,230	That’s strip of land on the the front’s 83 and then 131st. That’s all commercial. And so there was calls about, um, shop condos there. And I said, we don’t allow them. And but we are considering that in these ordinances. So that would be a pretty good they’d have to rezone it to residential.

01:45:04,600	But that would allow those people right adjacent to that neighborhood to turn these into shop. Condo. that shop condos, but into private storage units. They could do their man caves and they can do what? To put all their toys in there and all this other stuff.

01:45:22,730	So it’s you have to confine them to certain areas, certain districts, and, and they should absolutely follow these specific standards. When I worked in City of Minot, there was an unending amount of problems with them.

01:45:40,270	It just every every minute, almost every week, we’d get one person’s living in them and you had to get the fire department down there and the police down there and all this other stuff. And so they they’re kind of a free for all. And I, I so the so this is a draft. This is the city has. That’s a draft and they’re yeah they’re they’re working on their ordinances. Okay.

01:45:56,970	And I asked for a copy of what they’re working on. And so I mean it’s good it’s actually a good well written and it does spell it all out. But it’s it is confined to a residential area. Sure. And you know, as much as I can I can appreciate from your standpoint that they’re problematic.

01:46:14,000	They are wildly popular. And that’s why I said at the last meeting, is that if we come into a public hearing and we’re not in, you’re going to have to rezone to industrial to have a shop condo. We’re going to we’re going to hear a lot of comments. And so I’m glad we’re we’ve got some other potential options.

01:46:32,270	Here, Mister chair. Yeah. Commissioner Munson. So what is the difference between a personal flex and an accessory building? Well, accessory buildings are not allowed to do all. I mean, it’s it’s accessory buildings on your own private property. This is like, for a row of okay, one after the other after the other. And it’s. Yeah. Thank you. Yep.

01:46:58,800	Okay. Yeah. Commissioner Bitner. Yeah. Thank you, Mr. Chairman. Thanks. Um. So, so we’re specifically talking about this personal flex, right? And that would be essentially storage units for the neighborhood.

01:47:28,270	Yeah, like, okay, so if I owned a lot in a subdivision and I decided I wanted to put storage units there instead of a house, that this would be allowed. A row of these storage personal storage units inside the subdivision. Yeah. I suppose if you had the large enough lot, I mean, it wouldn’t be changing the zoning..

01:47:52,870	Because of what? What is the coverage? I guess I haven’t read through this whole thing, but is there a coverage? It looks like it says, um, look, a minimum width of 60ft of hard surfaced area. At. There’s but there’s no. There’s no dimension. No certain coverage percentage. No. The maximum 25ft tall. You have to, um, they have to face each other if they’re going to be. Roll on, roll that.

01:48:12,330	The garage doors have to face each other. They can’t turn them out. Um, but there’s no restrictions to the size. But, um, I would say that under your consideration, if a lots are big enough, they’d have to have enough room to be driving through and driving out and parking and all that.

01:48:30,730	I don’t know if you’d have a big enough lot in a residential subdivision to accommodate that, but. And the difference between having them in a residential or like, say, R-1 or RR, uh, and commercial would be that on commercial, then if you built this, then you could work, you could put pretty much any business that you want. In it.

01:48:52,170	Absolutely. Mister chair, the commercial is a different animal value. Now. There’s no restriction to some of the things you could do, because you’ve got the whole list of everything in commercial that would be allowed in each one of those little units with nothing but a garage door.

01:49:05,800	But this in these in a in a personal flex, a personal storage. I think I’m getting this right. Personal personal storage unit or private storage unit? Excuse me. Is you could not run a a minor or major home occupation out of there because it’s not your home, right? No. Even though it’s on residential.

01:49:24,500	It’s kind of okay. Sure. Go ahead. It’s kind of an interesting concept, you know, because as a subdivision gets built, it’s inevitable that people need storage. I mean, that’s got to be why these storage units are so prolific everywhere. So it seems like I’ve often wondered why are they not allowed near houses either? Mister chair? Yeah.

01:49:46,100	Commissioner Mitch, at Misty Waters, the storage areas that are right by the the docks. Is that commercial or is that residential? That was commercial. That. But that was a problem for the city that the the problem with that, that somehow that got approved.. There was commercial though. It is commercial. Okay. But they use it for private stuff.

01:50:06,170	So it’s that got slipped under the radar. Well, not under the radar, but somehow it was approved by the city. And so, you know, it’s it’s the commercial use is not. It was approved because everybody wanted it. Sure. The residents wanted it. Well, you know, and yeah. But the important thing is. Is.

01:50:28,170	Is for is not open to the public on this definition. Sure. This means this means personal. Use. Private personal use. Yeah. Decisions were made. To she sheds. And and. Her case. And so if someone wanted to open a business in one of these this this is like a I’m just thinking about okay.

01:50:49,270	If you took this out into whatever the edges of the, of the maybe the subdivisions, maybe just even out from that, and you wanted to say, oh, I want to make a line of these that people can open businesses in. That’s this, this covers the whole I mean, this is the whole county. We got to think about that.

01:51:06,330	This is, you know, you got somebody out by Sterling or Moffett or Wing, uh, that wants to put up some shop condos and, and rent them out to people that want to have a place to run their business out of.

01:51:20,900	That’s, that’s the that’s where I kind of start to get into the point of that. Well, it seems there they should be more commercial then. But, uh, I don’t know. Well, all the, all the locations you said are under their own jurisdiction.

01:51:38,170	They can open up if they want, but the idea is that shop kind of should never be considered as commercial use, in my opinion, because it runs the gamut of everything. I mean, it was so bad in the city of Minot that we had to because they didn’t. They wouldn’t tell you what the the occupancy is because they didn’t know.

01:51:55,100	And so we got so bad from what they turned them into that we required sprinklers in these buildings before we issued the occupancy, because they were just violation after violation.

01:52:16,070	So with this personal flex, would this be if we were to say, okay, yeah, we we would love to just take this as it’s written and put it into our, um, our zoning or our ordinance. We’re where would this fit? Where would this? Well. In. our article 12 okay. So it would be private storage units. Yep. And then we would just so would. It be. Private storage units. And then we would just have another section that has this in it to say, here’s what your private storage units can and can’t have.

01:52:40,470	Yeah, yeah. The I district Industrial. Really. Yeah. So but but we’re in we’re in R1. We’re in R1 here. Yeah. So it’s basically it’s it’s allowed in R-1. But as. A with a special. Use unit. Private storage. Unit storage. But personal flex would this would be different. No. Personal flex is is that private storage unit. Okay.

01:53:10,900	Allowed with a special use permit. Okay. So there’s a lot there’s some complexities here because it has to be adjacent to the subdivision. It has to have enough room and roads in area to build it. Just throw one up in the middle of a lot and call it.

01:53:33,230	It’s my I mean, that would basically be an accessory building then. Yeah. So where would the all the specific standards and things like that, where would those go if we said, okay, private storage unit and then said this is. Um. Maybe it’s not personal flex, but it’s private storage unit, call it.

01:53:49,970	And then here’s the definition, here’s the specific standards. Does that just then go down farther into. It would be article three. Article three okay. Under high def. Yeah. So, uh, Commissioner Connelly. Yeah. Actually, uh, it can be something to where it does go into the Bismarck realm. And you could say none in Berkeley County.

01:54:19,730	Um, the Bowden edition in Bismarck, that is, it’s Artie residential. So it’s both commercial and residential. It’s residential and office mix is, um, what it is. So that’s newer looking subdivision, but, I mean, if you want county to be county, something to consider is no shop condos in the county.

01:54:45,470	If you want to shop counter condo, uh, consider what Bismarck said. I mean, it’s up to you. Hmm. Well, what do we, uh. What do we. Think? I know this was the figure. This was probably going to be the big discussion in the evening. Yes. Mr. Chair, I think with allowed with special use permit, it still gives us that final control.

01:55:08,370	So I don’t have an issue adding it. Um, as long as it has with a special use permit.. And then we would, we would say private storage units, then this, then this sheet would instead of saying personal flex, it would just turn into the personal or private storage units. Right. This would say private storage units.

01:55:28,530	And then this says here’s the definition, here’s the specific standards. And this was article three right. Yeah. Commissioner. Are we mixing and are we still talking about shop condos or storage units. Now what’s. Storage units. Well private storage storage. Equals shop condo. Well. is what. No there are two separate. Two separate, two.

01:55:47,670	Separate things. My notion of a storage unit is where you drive there, and you take out your Christmas stuff and put your Halloween stuff or whatever they do. So shop condo is a is a, you know, some of them are pretty impressive, you. Know. But that’s industrial. Again, shop condo.

01:56:08,100	Right. So I’m just trying to keep straight of what we’re. But you’re saying. If. We’re only. In R1 though, we’re saying private storage unit. And then Mitch, you said private storage unit is shop condo. Well it’s a it’s a specialized name for to me it’s a specialized name for it. I mean it’s a shop.

01:56:26,870	Condos are more like I said, for industrial use. Whereas this, this is a shop condo unlimited, uh, limited, uh, scope, allowances and scope of, of what you’re going to allow. So is this your non habitable. Yep. Noncommercial. Yep. That’s that’s a shop condo.

01:56:51,270	Oh I think I know understand where we’re we’re we’re having the discrepancy here. Now you’re talking about multiple shops side by side that are not homes. Exactly correct. But they’re adjacent. There’s a lot of that around here. But they’re adjacent to the neighborhood. And in the middle of nowhere, they’re adjacent. They’re in a residential area.

01:57:16,170	Because what the way that that term is being used more now, today is a residential construction inside a shop, you know, like people are building. Call them a house or, you know, a shop. Condo is not just, um, a business related kind of use anymore. They’re they’re actually doing residential structures that happen to have a big shop attached to it.

01:57:40,000	Yeah. These are separate than that. These are not there when they say non habitable, that’s there’s no living. You’re don’t sleep in there. You don’t you don’t have your family in there. This is you know you can have bathrooms. You can have water whatever. You can have a bathroom there.

01:57:57,800	But it’s the idea is that it’s not for sleeping because it’s, you know, you don’t want people sleeping in these units. It seems like maybe we need a little better definition of what exactly we’re talking about when we’re talking shop condo versus um, um, a shop that has a home inside of it because I see a lot of plans.

01:58:17,370	Um, I mean, every day I’ve seen plans coming up on my internet stuff. Right. Mister chair? And that’s why I like the private storage unit label. Yep. Because it’s not a shop condo. This is a private storage, like you said, bringing in my Christmas stuff over, taking my Easter stuff out.

01:58:38,330	It is storage, right? But it’s in a residential area and it’s not on your home property. It’s not attached. It’s not an accessory dwelling at your place of residence. And then the private storage unit would, would all these specific standards would then apply to the private storage units. For residents. In R1. And R1? Yeah.

01:59:00,200	When you get into the I district, the industrial, then that’s a whole different ball. Oh, I. Got it. We’re going to have to do a different definition of that because that could be anything from welding to, you know, creating fireworks. Right. But then again, you’re you’re into those problems that are associated with shop condos.

01:59:20,270	But for this we’re in residential and it’s a private storage. Yes. Unit. And then so we’re okay with Mitch leaving the private storage units in there and then adding to is it article three? Am I getting that one right of the taking this personal flex one from the listed the draft from the city and using that as

01:59:39,070	the definition and specific standards of the private storage units. Yep. Okay. Number 13. Again, we can get rid of all the definition of a home occupation. And just say just say home occupation, minor or minor home occupation. And then remove 16. And 16 goes yep, yep. In our one. Yep yep. Okie doke. Yeah. Commissioner. Yeah.

02:00:13,700	Um, when I lived on seven acres prior to moving to where I’m at now, I had one too many horses until the age of the horse was considered. Is that anywhere in our. Because horses aren’t horses in the county until they’re six months older than six months old.

02:00:39,900	So I think I had four horses and four adult horses and two babies. And I don’t know my definitions. Are. Well, we’re not going to call you a cowboy if you don’t start calling them what they. Are. So this so. If you’re talking a horse, a filly of foal, I’m sorry. I’m just talking on. Are you talking paragraph nine? I’m used. To it.

02:01:06,100	Paragraph nine. PG is what you’re referring. To in one of these. So you got, uh. On a private storage. Unit. Two horses, uh, let’s see, permitted on any premises which contains at least two acres and an additional horse be allowed at the rate of one horse for every three acres. Right. Okay. Um. Page 18, item nine.

02:01:30,630	Yeah. There’s no age on it. There isn’t no. Okay. Are we good with that rate? I. Read section nine. Yeah. For section nine. Yeah. Uh, that hasn’t been a problem in the past. Okay. I mean, it’s, um. Yeah, it’s been pretty cut and dry. Okay. I don’t think there’s anybody out there counting horses.

02:01:59,470	So it doesn’t matter. Age doesn’t matter. If it’s a full or a. full grown or full grown. Not a horse. It looks like a horse. It is a horse. Okay. All right. Well, good to know.

02:02:17,900	And I think is that the only is that the last, last one in our one. Yeah. Right. Or last modification, I should say. Okay. So now on to our two. Uh, looks like we just added minor home occupations as, uh, permitted uses, and I think we’re okay with that. And, and on page 23, child care and major major home occupancies under special use.

02:02:44,270	Okay. Special use for child care and major. Yep. Which makes sense. That tracks any anything to bring up in R2. With those modifications okay. Seeing none we’ll move on to our five. Bottom of page 24 is as defined, but not limited to.

02:03:13,630	And then I had to change the sections because they they changed. Then we had the development standards. Nothing here was changed from last time. Um, except for. Nothing was changed. Okay. All the all the highlighted is the same as last time. Yep.

02:03:50,000	Uh, Commissioner Risch, what’s up? Well, my only concern is when, in regards to the manufactured homes and mobile home park restrictions, is these parks are going to have all kinds of restrictions on their residents already. I mean, if you’re going to be at a mobile home park, you can do you’re not going to be able to do very much. So under section four, it says, no business shall be conducted in any mobile home park.

02:04:05,530	And I’m just wondering, I mean, a kid can’t put up a lemonade stand. A guy can’t act as a gunsmith, and his mobile home and somebody bring by a gun once in a while.

02:04:21,530	Or maybe we keep seeing this seamstress or whatever, and and let’s be fair, the people living in mobile home parks, of all people, probably need a little side gig to make a make a buck or two. So I’m just a little concerned that we have absolutely no, um, business shall be conducted in any mobile home park. Either other than home occupations. So it’s it’s it’s a little confusing because it. Says it’s a home occupation.

02:04:42,170	It says number two in section three under number two, it says home occupations are okay. Um, as defined but not limited to. And it has the five. oh yeah things there. But then in section four, the next section, it says no business shall be conducted. And it seems confusing to me. Well.

02:05:00,700	What I do, we already have to call it out. No business other than, uh oh, not home occupations. I don’t know, contradictory, but, um, Commissioner Connelly. Do we have a distinction between manufactured and mobile home? Because that’s manufactured where you can do the, um, home occupation, then under mobile home, no business.

02:05:23,970	Are you seeing that as a distinction which the manufactured park compared to the mobile home park, manufactured district. Home district? Well. It’s all in one. It’s all in. Yeah, it’s all in. Article five. But our our five.

02:05:43,500	But, um, the idea is these when we’re talking about mobile homes, they’re within a mobile home park, right? So these are the standards for a mobile home park. They are allowed in on our one lots. They are not our one, but they’re allowed in ag lots. Commissioner Connelly yeah.

02:06:05,070	If I remember right, Commissioner Bitner, didn’t you say that there’s in the county? There’s no manufactured home parks, and that’s where the, um, notation to where we, um, kept it in was just so we had a place setter. So because we’re taking on a whole different type of thing that’s not currently, you don’t have anything zoned that right now. Well, I should clear.

02:06:28,000	I should clarify, we didn’t have any mobile home parks or manufactured home parks when the city had death jurisdiction. But now that the jurisdiction has reverted to the county, we do have mobile home. Uh, sorry. Manufactured home subdivision right near me. Actually, I know there’s one there. Okay.

02:06:50,370	And I’m not sure if there’s others, but I do know of one. So. And the neighborhood didn’t want it, but the city approved it. You know. Well, to be fair, there’s a real problem with affordable housing. And some of these manufactured homes are affordable for some people, you know. So we got to figure out a place for somewhere. Yeah.

02:07:14,430	So we’ve got it. Uh, they’re allowed now or they’re there is what we’re talking about is that we’re we’re looking to allow, uh, anything in the verbiage that needs to change. Well, my question to. You relate with the businesses, right.

02:07:33,170	Whoever is, if we allow home occupations of manufactured home district, but we prohibit them with mobile home parks, is that so? I understand. The home occupancy. Yeah, they’re they’re allowed. Home occupations. But then in section four it says no business shall be conducted. On top of page 25. Yeah. 25 in section four, the new section four. I would say just. Strike that old section nine.

02:07:55,530	, Chairman Agnew. Yes, yes. We could also, just to make it easier, is go in and change mobile home park to manufactured home park because that’s kind of the politically correct way. Well, there are. definitely two different there are two different things because, um, one’s got wheels and one doesn’t.

02:08:20,700	Yeah. The article 15 is titled MH Manufactured Home. District, I think. I think we would leave it on that, but I would suggest in section four, number one, just strike number one, because we already said in the section before that, here’s the home occupations that you can have.

02:08:40,370	So we might as well just strike that number one that says no businesses shall no business shall be conducted in mobile home parks because we already told them what you can do. I’m good with that because the mobile home park, the owners of the park are going to have all kinds of restrictions on these folks who.

02:09:00,630	Or on. Well, maybe instead of striking you, we say no business shall be conducted in any mobile home park except for home occupations. Just referring back to that one. And then that puts a limit on it. But that kind of seems redundant. Yeah, yeah. So let’s just strike number one under section four. I can’t put my clothes.

02:09:26,730	Because we don’t want. To see your. Just gonna, just gonna have to use your dryer. Just gonna have to use your dryer. Mr. chair, I just want to add that. Oh that anybody reads that. So they think that a business is allowed then. Because it says.

02:09:47,900	I mean, if it’s defined as a home occupancy, then it’s allowed. If it’s a defined as a business, it’s not allowed. You can’t have a grocery store or a gas. Station in a. Mobile apartment. Is that what you’re saying? I’m saying that if it’s not defined as a home occupancy, then it’s a business, and at least you have that say with no businesses are allowed.

02:10:07,170	Okay. So if you so if you say the no businesses shall be conducted in a mobile home park and then just put at the end. Other than home occupation.

02:10:19,330	So I think that clears it up then because then then it’s then it’s clear in saying that we already told you in the section before what you could do. I don’t. Yeah. I don’t know.. I mean. Well, I have to put it on the next agenda. Uh, anything else going down into the different sections here? Did none of this change from last time? Right. The, the highlighted. Uh, no. Mr. Chair. Yes, Commissioner.

02:10:48,100	Back to number section four. Number one. Yeah. Would no commercial business make more sense? As of the. Definition. Would that would that cover it? Mitch, would that be clear enough to anybody reading that, that saying no commercial business. Yeah. I mean. It does.

02:11:16,800	I mean it’s yeah, I mean, yeah, it’s a business is commercial use. So. Right. Yeah. I mean, it’s you’re making a transaction. Yeah. When I grew up on the South Side, Amanda and they had a little laundromat in the mobile home park, which would be a bit of a business, and I think one even had a small

02:11:29,270	grocery. I think. So, I mean, if they did that, what what we what would we care? It’d be beneficial to the the residents. I would say at that point, come and ask for a variance. Okay. Especially use something.

02:11:45,430	Well they go through the they’re going to be going through a planning process and all that. So we’re rezone most likely. And it’s if they want to create one of these districts then that would be yeah consideration. So so do you want. Me. There’s a long section surprisingly. Do you want me to change business to no commercial.

02:12:08,100	I say just commercial business because then with what you described was more of commercial type businesses. Industrial business. It’s a good point. Commercial or industrial? Yeah. Sounds good. So these, uh, so community storage buildings underneath the the mobile and manufactured home. So a community storage building is that that’s not a private storage building or what did we call it last time here.

02:12:43,000	Private. Was it private storage building? Mr. chairman, before we get that. Oh, sorry. On the bottom of page 27. And also says no business shall be conducted in any mobile home park once again. , I’m 27. On page 27 at the bottom. Yep. Is that. That’s a bit of a redundancy.

02:13:07,270	Mitch, did we get did this print differently because section nine turned into section four before? You see. That section nine. Do you see that section the what used to be section nine. It’s now section four. But section is. Now what page are. You on.

02:13:35,270	But if I go in on 27 on 25 you’ve got section nine that now became section four. But if you go over to second or page 27, there’s a section nine there. I. I think it’s. Page 27 where it says section nine. This needs to be crossed off. I think. that’s yeah. I think it just got. Duplicated. Uh. Yeah.

02:13:59,900	So section on page on page 27 and 28, you’ve got section nine that says mobile home park restrictions I think section, section nine that restrictions. And then it goes jumps right to number four says no business. And then it jumps to number five and says existing mobile home parks shall not.

02:14:18,700	There’s no but those need to come out of there because those are in section four. Now if you look back on page 25 it’s like it, it. It just got. A section ten, becomes section nine and section 11. Section. Well no, wait a minute. So section, section ten also is now section five. Yeah. So section nine and section ten are need to come out of here.

02:14:45,230	You gotta. You gotta do because they’re now section four and section five. Those just need to go on on page 27 and 28. Bottom of 27. Top of 28. Yeah. But then where’s nine? Nine is four is now section four. Well it was. On first. Yeah exactly. That’s what it started. Don’t start.

02:15:08,500	I mean we start we start on section three. It goes to section four, five, six, seven. Yep eight. And when you get to nine and ten those are actually now section four and five. It’s exactly the same. Yeah maybe because seven got crossed out. Yeah. So section nine needs to go in.

02:15:33,070	Section ten needs to go because those are already section four and five. Now the new section four and. Five. Improve our new and improved. And then I think it’s square after that. Yeah.

02:16:02,800	So from the bottom of 27 where it says section nine all the way to um on the top of 28 where it says, um, all the way down to where it says in like manner that that all needs to go because it’s already called out in section four and five. All right. Anything else? Not that I know of. Uh. The community storage. I think. I think Mitch just put that in there to see if we were actually reading. I think.

02:16:30,230	Yep. So, okay, with this community storage building. So the community storage buildings is that. Um. That is that’s different than the private. There you go. The private storage buildings that we just talked about, or is that going to be have similar requirements? I mean, it’s to me it would it it’s fine to have them different because

02:16:55,000	they’re in different zoning areas. Yeah. They’re defined differently. One is an R-1, one is in the R5. The mobile home. So there two different uses, totally different uses. Okay. The only thing this is there for is when they create these, these mobile home parks.

02:17:15,730	And if they do put a community storage building and it just has to meet these, these, items. Yeah, sure. Okay. Anything else in mobile home and manufactured home district. Okay. We get to move on to commercial.. Okay. Here’s, uh. We got the. buffer yards. Buffer yards in here. And that was in the definitions, uh, that we went through earlier. Right.

02:17:45,570	And this was where I was mentioning from that one way back in the beginning that there’s a notation responsibility of proposed higher intensity use. Um, and um shall be located on the lot of that higher intensity use. Do we include that on all of these buffer zones, this current one on 30th, there’s one additional one. Uh.

02:18:14,270	Is it the one with the higher intensity? They’re responsible for the. Buffer. I. I, um, Commissioner. Mr. chair, I think that this defined in article three the buffer strips, the buffer yards, whatever it has that higher use intensity use is required. We could just put, um, move that to, uh.

02:18:42,630	It’s got to be a requirement for commercial district. So I’m gonna have to figure out where as a requirement, not just a use permitted, but as a requirement buffer use buffer yards would be required. In C district. So I think we take the definitions of it out and just leave that in a just article three. Sure. Okay.

02:19:04,970	Okay. Uh, looks like we’ve got portable storage containers, uh, on commercial or okay with that. Um. Our temp farm and garden produce sales, commercial greenhouse with nursery. Just so if we would adopt this, how does that affect the. I mean, maybe it doesn’t. I guess if someone wants to do pud, they sure can.

02:19:33,970	But, um, seems like the what was talked about tonight would fall more into commercial than right. Well, to rezone it commercial means it’s allowed. Any use in commercial is allowed if it doesn’t require a special. Use. With the Baldwin example that we had tonight. For the Baldwin example tonight, they could use anything that’s considered commercial use.

02:19:55,900	Yeah, it would be allowed on a C district. As a PUD. It’s more defined on. Exactly. Absolutely. Yeah. Yeah. And it has to meet what they have to draw on their site plan that draw on there any, any applicable use.

02:20:14,000	It has to be spelled out and approved at that time. Now if they want to change it in the future, they can amend it. But they’ll come back to this board. Yeah. Commissioner Risch. Mr. chairman, uh, Mitch. Commissioners, I’m just wondering the rationale behind the allowable ones are like temporary sales of certain items, but temporary farm and garden produce sales.

02:20:35,000	You need a special use. I, I don’t know why we’d want to do that. So you’re thinking. Maybe. Combine it. Bus station, railroad line? Are you thinking kind of combine it with 20? Well, just. it just you and put it say temporary sales of certain items. I mean including farm and garden produce or.

02:20:56,000	Well, you probably wouldn’t even have to list it. Temporary sales of certain items that could be almost. It could be anything other than you exclude them down here as. So you take. Two. Produce sales. I mean under special use you would strike two line two.

02:21:15,800	I don’t want to put a special use requirement on farm produce sales. Right. I would. Not think so. Not especially if it’s an industrial industrial area. Or commercial. Mister chair. Yes. Yes. Temporary farm and garden produce. Those are for large scale auctions, farm equipment that could be anything. Garden produce sales could be, uh, something that you put in the parking lot of runnings or.

02:21:38,730	But it could be a farmer’s market. The way I look at. It. If it’s a commercial district. Commercial, correct? Yes. But it’s it’s for these large scale, um, auctions, that sort of thing. Whereas the temporary sales of certain items, I mean, pumpkins, you know, or whatever, apples or whatever.

02:22:00,600	Well, well, the way it’s word is temporary farm and garden produce sales. So if it was a large scale operation, it probably wouldn’t be temporary. So just take temp out of it or leave. It I think. Just strike the whole number two. It would fall under the, um, number 20 up above. Yeah.

02:22:20,900	Right. Garden state. So strike two under special use. Uh, you could I seasonal nursery and bedding stock sales I don’t know, we allow medical groups and rail lines and all kinds of animal hospitals. And why would we come down on somebody that’s selling on the nursery stock? Mr. chair, there’s problems that are associated with these.

02:22:50,900	Parking for traffic, uh, for if it’s if it could become a permanent use in somebody’s parking lot. And so it’s kind of the idea is that you want to allow these, but only on a temporary use. Same thing.

02:23:13,800	And the farm that’s that to me is large equipment, large farm equipment, tractors, combines, that sort of thing. And so it’s you got to strike it out. It means temporary sales of certain items are going to be allowed anywhere on a in a C district. But we could take number two and number four and just put them up and make them 23 and 24. Because these are this seasonal.

02:23:32,870	Temporary, require a special use. Yeah. Yeah. Commissioner Munson yeah, but. I could. Under number 20 temporary sales. It’s it’s. A right. I don’t need. A special. Use permit. So what if I’m selling carrots and selling? I’m selling it for temporary purposes.

02:23:59,170	What you’re saying is that who would come ask for a special use permit when I could just say, well, I’m selling certain items. I’m selling certain items. So it’s contradictory. So 20 should either be out because anybody can claim it’s just a temporary sale and it’s a right. But if we want a special use permit, then we probably should get rid of 20.

02:24:21,530	I would be in favor of that. Well, you could get rid of you could put 20 down below and put two and four up above without a special use. Because these are seasonal and temporary AG related. Well, certainly the farm related stuff. I’d rather have a special use for the temporary.

02:24:40,330	I’d rather get rid of 20. Yeah, I don’t understand why we’re trying to control this is commercial. What’s right. This is commercial zone zoned area. Right. But this is within commercial. Yeah. Right. Right. I would think trying to control it. Good question. Because it’s temporary. It’s not it’s not a commercial. It’s what you have commercial for.

02:24:59,500	Right. But it’s temporary. They could get by with a lot of things if it’s temporary. They don’t have to worry about parking. They have to worry about cars, traffic, buildings. You know.

02:25:15,530	I think the other thing that I would say is that if we’re going to keep if we’re going to keep 20, then get rid of 19, because is a Christmas tree is a, I mean, a certain item. I mean I don’t know why if you’re just gonna say certain items and then just get let’s get rid of all these specifications. Christmas trees, garden produce or. Yeah. If we keep 20 we can scratch 192 and four down below. All.

02:25:36,370	Well, I agree with Commissioner Jarratt. Like if you’re in a commercial area, you’re going to have parking. Yeah, but these temporary things are taking up your parking space. But just temporarily. Uh. Like if we decided to have a farmer’s market outside of commercial business for the weekend. I mean, no business is going to hurt themselves.

02:26:02,070	They need parking, so they’re going to figure it out. I mean, yeah, you’re gonna have to get permission from I mean, somebody just said apply when you did your building or running loves it when you have a a semi in the parking lot selling strawberries because everybody’s going to go to runnings to. Yeah.

02:26:19,630	So what do we what do we want to do here. Do we want to strike some of these, consolidate some of them, move them to allow, uh, permitted. What do we want to do here. Because there’s under special use. There’s ten there’s ten special uses.

02:26:43,630	Do we want to get take some of those either strike them, move them up into permitted. What are we thinking? Well, you know what? Excuse me, Mr. Chairman. What’s confusing me? You use is permitted retail, a service group, a gasoline filling station. Then the special use permit. They say, um, you need a filling station for.

02:27:13,000	You can have a gasoline filling station permitted, but down filling station needs a special use permit under number four. Mhm. Yeah. You’re right, I guess I did not I didn’t quite catch that one. So it seems like three should be struck out of there. Not a special use I would, I would uh folly. This is that we strike two, three and four out of special use.

02:27:35,900	We can move them up. Above and just get rid of them and strike 19 out of permitted use, because that’s all covered under temporary sales of certain items. Very true. And argue with that. And so we strike two, three, four. Two, three, four and 19. Section four or special uses. Yep. Strike 19 above. And strike 19.

02:28:04,230	Because that’ll fall under temporary sales. Right? Right. And filling station is already covered in number three in the uses permitted. Yeah I strike. That out okay. All right. I would, uh, number one in that section for special use. I think that should have an R instead of an F on that of. And whatnot.

02:28:28,730	See where it says medical marijuana manufacturing center. or or should. Be or not of. Yep yep okay. Yep yep. Good catch. Okay. Uh, we’re okay with the rest of the special uses. Yep. Under commercial. You got some renumbering here. Okay. So that takes us to the end of commercial. We’re okay with that. Yep. Okay. And industrial.

02:28:59,730	Yeah. I’ll strike out the, uh, information below. Buffer yards. I want to figure out where that would be as a requirement, but I’ll just strike all those definitions out. Thanks. Um, and then it goes, jumps over to, uh, allowed use of religious institution, microprobe, domestic distillery, brewer, taproom, animal services and private storage units. Which are.

02:29:32,630	Shop condos. So we could put shop condos in there, but it’s kind of. A I think. We would. All I think we need to rename it because if we’re calling it one thing in residential and we’re calling it the same thing here, that’s confusing. So I think we’re going to need to call it somehow something different.

02:29:49,370	Shop condos should be an. industrial. So under number 24 instead of private storage units, just shop condominiums. And then we’re going to need a definition for that and need some some more high def. Yes definitely high def on that because that’s, uh, we’re all going to have to dig into that one. Yes.

02:30:16,070	We’re going to want to create a whole bunch of issues for, for, uh, fire department and for us, either.. Great. But don’t don’t shop condominiums. Don’t those kind of fall in that flex, that personal flex thing that you gave us? Yeah, a little bit of that kind of.

02:30:33,170	The idea is it’s like one single unit and they do welding or woodworking. Actually that that doesn’t. Yeah. You’re right, that doesn’t work because in industrial you would allow, um, businesses in there. Yeah. Yeah. Fire okay. Okay. Whatever. Fireworks that. Sort of thing.

02:30:59,330	As long as it’s industrial in an industrial zoned area. Yep. Okay. So now under the special uses, the all these temporary pieces. Okay. Do we are there any of those that we need to take away? I think or do. We I honestly, Mr. Chair, we don’t allow them in any other district, but we should be allowed to have them somewhere.

02:31:24,370	I’m just thinking about, um, is there a way to maybe consolidate it? Mr.. Yeah. Mr. chairman, we allow a temporary Christmas tree sales in the commercial. We should certainly allow them without a special use permit in the industrial, and then garden and produce the same thing.

02:31:45,800	And seasonal nursery and bedding stock, the same thing that should be allowed without a special use permit. Because we don’t require special use permit. And a commercial.

02:32:06,100	Do we want to go back to kind of what we did on commercial and say that the temporary sales of certain items and just put that in uses permitted? Sure. Because that’s what we did in commercial. Yeah. And then just scratch the temporary stuff.. And then. For what is that 4 or 5, six, seven, eight and nine would actually scratch out of special uses. So they would just go away. I like it..

02:32:28,000	And it’s how did we word that it was just I think it was temporary sales of certain items. I think right. Correct. Uh. Because we, we have temporary sales of certain items as a permitted use in commercial already. So it’s all the tree sales, all anything that’s a temporary sales you want out of their six. And uh. Four, five, six, seven, eight and nine.

02:32:55,700	And the temporary religious meetings is kind of addressed above under religious institution. I mean, I don’t. Yeah. Or. Oh sorry, five year eight is not. A. Yep. Sorry. I guess they’re selling stuff, but. But religious institutions already up in 19 as a permitted use. Yeah.

02:33:23,730	I don’t understand why you’d want a temporary or when I get a special use permit for a temporary religious meeting. I don’t.. Oh, well, you got to go in and. I guess. Get a permit. What is. Well. What is chair down? What’s that? Trying to get, like a sunrise Easter service or something that somebody got out. I don’t know what. On your industrial land. Jim Jones. Yeah.

02:33:43,230	Oh, Mr. Chairman, yes. If anybody’s ever down to the South, they have these temporary tents that are revivals. You might only understand. And they’re huge. They’re massive. And that’s what we’re talking about, where they have to set up a tent and, you know that. I would.

02:34:01,330	How would that be different than a than the number 19 religious institution? That’s an actual building. That’s an actual building. And, uh, structure. Okay. So leave number five in. I got a little carried away in my striking here. Uh, yes. Number. So number five obviously renumber it, but under special uses. Leave that in. And I would recommend Circus and Fair. Yeah. Yep. Yep okay.

02:34:30,730	Use leave that one in special use. And what about the fireworks. Because that I don’t see that anywhere. Talk about. Well it would be. Under items. Temporary sales of certain items. Yeah. That would have to be added into uses permitted. On one of those. You kind of want to have them.

02:34:54,230	Do we. Do we. So how does that handle today in uh because it was they’ve been in the Oeta right. Yeah. As was it a special use to set up a tent that sells. I they need permits. Okay. The fire department, uh. I don’t know about special use on the city. I don’t think so.

02:35:18,270	But, uh, they have to be licensed by. They should be licensed. They should have a I think they should have permit. Okay. So it’s somebody has to have an overview of what they’re doing there and how they’re selling it and all that. And I know the fire department issues permits for them, but that might be the case.

02:35:36,830	So do we need it in here then if the if they have to go to the fire department. Mr. chairman. Yes. I just talked to, uh, City of Bismarck today. They issued permits for temporary fireworks sites. So. And they they always have. They just have to turn in a site plan of where they’re going to place it.

02:36:03,630	Okay. And but they do apply for a permit. And the city of Bismarck issues, um, a permit. They don’t have to go through the special use process. They just apply for a permit.

02:36:25,000	And a lot of with the like with the city of Lincoln for them, they need a temporary structure permit from us for fireworks before they’ll approve fireworks sales. Because that’s. The way they’ve done. That, and that’s the way it was when it was the ETA. So now. and now the city is probably not going to grant any because you can’t sell fireworks in the city.

02:36:42,000	Yeah, it got in there, uh, and yeah, it should be it, it should be a purview of zoning. It should be more restricted to, uh, if it’s a temporary building, then they come to us. Definitely. They go to the fire department for their permit use. Okay? So keep number eight under special uses.

02:37:01,870	Everybody okay with that? Temporary fireworks sales. Mister chair. Yes. So we’re talking industrial. In industrial. Correct. Okay. What about commercial? Yeah. Where is that? In commercial. Because it’s not listed. Yeah. And we only have one industrial area if I remember. Right. That’s out in Monaca. That’s correct. So, well, you got. A couple more I think. But the existing.

02:37:29,630	Street. That’s why that’s what I’m asking. So I’m assuming they’re already commercial. So we need to list fireworks in. Commercial under special use. You’re thinking? I would think so. Excuse me. Yes. The city of Bismarck is sending me down on the firework permits that they issued last year. So we’ll have sites.

02:37:53,170	Some of these firework places have had the same site for years. Oh, yeah. And, um, they don’t usually come in to get their permits until June, so we have to consider that especially for this year. And are those permits on that’s commercial land usually that they’re on as far as I know, some of them are on first. Yeah.

02:38:11,230	Or some are on AG aren’t they. Yeah. Yeah. I’ll have to look when I get them. So we’re going to need to actually put that into ag and commercial under special use temporary fireworks. If since it’s fireworks and it’s specific to certain holidays, why not just make it special use regardless of district? I would agree with that.

02:38:35,170	Other than residential, right? Yeah. I mean, I’m good with that as long as it’s special. Egg. Ag industrial and commercial, I think they should be special use in all three of those. For temporary fireworks. Temporary fireworks, because that’s that’s pretty much sticking with precedent. And we’re going to have to issue permits since.. Absolutely.

02:38:59,500	Because we’re only like six days a year. When you’re talking New Year’s and 4th of July. Yeah. And the dangerous one is 4th of July. Generally. Okay.

02:39:20,100	So going a little farther down into industrial use, um, any of these, have any of these changed any of the highlighted since last meeting? I don’t think they had. Uh oh. We’re getting there. We’re getting. There. Uh, page 39. Something just kind of jumped out at me. Um, soap manufactured. Well, there’s there’s a host of things you can manufacture, so I, I’m just curious why we would list soap in particular. Maybe because that was an animal byproduct.

02:39:57,970	Well, in this site that’s under the, um, no closer than 500ft from any zone. Okay. And then this one, let’s see, the one. The one before that is just manufacturing, compounding, processing for the following materials. Well, and depending on the chemicals, they’re going to come with other regulations.

02:40:28,970	And those are those are what we have in the county already. Right. No. The the. Yellow or that was. In the yellow is added. That was the city. The city that was the city piece. Right. That was the city piece. Yeah. Because they have they have two industrial zones in a that are now ours. Right. Okay.

02:40:48,700	Mister chair. Yeah. Commissioner Streifel. On the number two under Industrial Use Group is the or behind an eight foot fence. Is that okay for a through I. Because it’s only showing on a. Uh oh equipment storage contractor’s equipment storage yard I.

02:41:16,070	Yeah, Mister chair, I put it behind contractors equipment storage yard. Uh, you can put them on all you can just put it at the very beginning. These are completely within a building, though. If you see on the beginning of. The holy. close to the building. Yeah, it’s supposed to be enclosed in a contractor’s equipment store yard instead of the building. It could be a fence.

02:41:38,430	But any of these. Yeah, because you’ve got yard, you’ve got building material, sales yard, pipe, storage yard, feed and fuel yard. Yeah. Public utility service yard. I think anything that has yard in it, I would say that you put the eight foot fence. Well. Building materials are problematic. For one thing. Wind. They when they get blow. Yeah.

02:42:03,970	All that you got like just for example Dakota fence you got that kind of a building materials and a sales yard. You’re not gonna be able to enclose that in a building. So I think that needs to have the eight foot fence. Which they do.

02:42:23,030	So if you said a through E need to have the eight foot fence or not. But concrete products in the building, right. Concrete or. You’re just placed up by the ranch, they don’t have all their stuff is out. In bulk storage is not going to be in the building.

02:42:46,700	The intent is to keep the stuff inside a building so you don’t have to look at it. But some of this is is not it’s just not going to happen. It’s not it’s it’s not going to happen.. Like concrete products. We already have a a company north out by the ranch.

02:43:03,530	Yep, yep. The granite core or whatever it is called. Yeah. Well that’d be grandfathered in. Well, I thought we couldn’t grandfather stuff. What about the next one, though? I mean, that’s that’s what we got to think about. Yeah, it’s.

02:43:19,100	Yeah, if, if they want to expand it that it’s not grandfathered in. But the idea is that, uh, would you rather have that all that concrete equipment and products storing outside in the open with nothing around it, with weeds growing around, or do you want it inside a building? That’s the question. Or behind the fence? To me, it’s. To be inside of a building. I think that’s ridiculous.

02:43:41,700	So which ones do we want behind the eight foot fence? Is this is this a. In industrial? Yeah. Why can’t we just. Say see through or something? Is that. But I think if you take the you know. Yeah. We’d have to call that out if we wanted. Uh.

02:44:03,270	Number two says the following uses when conducted wholly within a completed, enclosed building or behind fences. How? I would think it should read for all a through I. Right. And it’s only called out just for. A just for a. Yeah. Well, because Mitch was saying that you don’t want to see this stuff. Yeah.

02:44:21,170	But if you’ve got a chain link fence it’s eight feet tall. What did you accomplish? It’s industrial. If it’s chain link, you didn’t accomplish anything because you see through it, but. Well, it would have to be behind a, uh, a visual. Screen or windows down off of 16th to where they have. The slats. The slats with. The privacy fence.

02:44:39,600	Does I call the privacy fence? Is that so? If we just said, um, holy, holy, uh, with continuing. Yeah. Conducted holy within a completed, completely enclosed building, I don’t know how to word this, but like anything, anything in the yard has to be behind a privacy. Fence, privacy fence, eight foot privacy fence.

02:45:02,270	I don’t know how to wordsmith that, but we’re only calling it out for one. But you could just put a completely enclosed building or behind an eight foot privacy fence. Yep, that’s what I was suggesting. Okay, for all of it. And then just move that up onto line two instead of a right.

02:45:18,870	And then make sure it’s privacy fence. So eight foot privacy fence. So it’s visual. Yep. Okay. Anything else. Yeah yeah. Commissioner Bitner yeah. There’s a jurisdiction now. Um right. Across from the Rural Fire Department. That I believe is us. The old. The old rural fire department on highway ten. So straight across.

02:45:49,030	Where that sort of sort of landscaping kind. Of right this side of snored. Yeah, that’s the state historical society. It’s Nortons. And then a couple of houses. I know what you’re talking about. Yeah. Okay.

02:46:07,730	Well there’s some some guys are storing some building materials there that are just kind of blowing around all over the place. And I’m concerned that it’s going to blow around and get into other people’s property at that time. So that’s why I’m asking who’s got jurisdiction, isn’t it? I think that’s. yeah, that’s a mess. That’s county. for sure. Well, that’s I want them to come the. City.

02:46:28,330	Well yeah. Yeah. It’s annexed into the city. It’s part of the city below that about I mean, there’s a couple of neighborhoods closer to the city. They’re not there. Ours. It just kind of jumps around. But the bordering highway ten is in the city. Really? I thought it was at 57. City control. City limits. Yeah. Okay. Well.

02:46:50,700	Highway ten, I think all the way out to 52nd has been annexed into. The 60 because we had already we had already talked to Bismarck. Um, inspections about that. I wonder if one of you gentlemen can follow up with the the right people on that, because there’s a guy, a public. Health and Anton.

02:47:13,100	Yeah, he’s the guy that’s generally deals with that. It’s it’s you drive by and it’s like, yeah, yeah, it’s a mess. And we’re like, on our job sites, we all secure stuff so it doesn’t blow around. You know, I can make that call because actually there’s a couple others I should probably follow up with him on.

02:47:33,970	Yeah. But that stuff. And then. Because we got warrants out for a couple. Of years, just. Yeah, it’s great. Yeah. And it’s starting to be all jumbled. All right. Do we have any other any other business? Yeah, yeah. Um, I got one more question. Um, who does building permits for in Lincoln? We do.

02:48:00,630	Who? Okay. We’re going to have to talk about that because my son just told me that Burleigh County told him that we don’t do building permits for Lincoln for a deck. No, I. would I. Did. For. Building permit for a deck. We’re going to talk to you about a deck.

02:48:23,530	Yeah, we issued that. I just issued one a day. Okay. Because he’s getting real frustrated because he was told that he needed to talk to the city of Lincoln, and he’s calling everybody at Lincoln, and nobody returns his call or anything. And yeah, I’m sitting here thinking, well. How are we. Doing? Okay. Is his deck.

02:48:44,370	Brother out in the front.? In the front decks. The city of Lincoln? Yeah. To approve the front yard deck. Because of the setbacks they have. The decks. You don’t need to go through the city of. Lincoln front yards, do you? Do? It’s the the process.

02:49:06,370	They go to the city of Lincoln for a site location and the zoning. So they review that you have to get a lot of exhibit and they review it, and they charge of 150 bucks. And then the building permit, part of it comes to us. Who do you talk. To at the city? Yes. Uh, the engineer.

02:49:24,330	I could have your son call me and I could give it over the mall. All right, that. Brings up one. Interesting point, Mitch. There’s still some new. shop condos in Lincoln. So, yeah, you guys, that. We have, there’s. Yeah, a couple a couple areas out there on Hubbard Circle. There’s one. Yeah. I got. A friend.

02:49:44,530	Is there any other any further business? Yes. Um, I, I wonder what we can do to because we’re coming up with this new area that we are now and all of that, we’re now control of.

02:50:01,000	And we’ve got these ordinance that are not on the books and books, and I think we need to have a way that we follow our ordinances in enforcing them also, where we’re not waiting for someone like Feist here, where he’s $200,000 in the hole because of non enforcement in the ordinances, it says that planning and zoning staff investigates and then turns it over to the state’s attorney

02:50:28,800	for prosecution. So I’m wondering are do we have a process. Is there is there a point where we’re not. Actually we have Mister Chair, we have a process. Uh, we do respond to complaints. We have in the last two weeks, 16 complaints that we have to respond to. We have nobody to do except our three people.

02:50:55,700	That’s where I’m concerned. Yeah. But like you said, for for years. Seems like. It’s a and he has filed complaints. Yeah. Well if you want to talk about that there’s two people that play there on this on that whole problem up there.

02:51:13,630	There’s two people that are involved and that’s therein lies the problem. And so they neither one of them talk. It’s whatever. It’s not excuse. Our zoning ordinances. We have to have a process. We’ve been dealing with that since night, since 2023.

02:51:40,730	And and I’m very, you know, not a forceful way, but in a very we’re here, we’re watching what you do kind of thing and from and tomorrow they they’ll be another notice owner sent to or given to him hand-delivered. So we are dealing with that on a case by case basis at as fast as best as we can.

02:52:00,530	Imperial Valley there, they just go right around in that neighborhood and take pictures of almost every lot in that neighborhood. And that subdivision. There’s something wrong. So it’s kind of. So it’s planning and zoning. They’re gonna need some additional staff. Is there something that needs to be done? Because I, we have a planner coming on in June.

02:52:21,900	Um, we hope to have I hope the budget for a permit tech this year for to help with the building, the amount of building permits, because we’re going to easily double them. I, uh, so it’s those two people. But to hire a code enforcement officer, I don’t think it’s we’re at that level yet.

02:52:44,170	It’s frustrating when, as a commissioner, you’re taking the calls and, you know, people are having problems and it’s just over and over and over again. And if we would just deal with the complaint and then investigate it and turn it over to the state’s attorney, like our zoning ordinance calls for, we may we may stop some of those things earlier.

02:53:05,470	Well, it’s we do have the legal, staff legal assistance on retainer. And so we have to that’s a discussion with the state’s attorney, how she wants to proceed on that. But that’s what our ordinances say. That’s what it says in there as to how we’re going to handle it. Yeah, I know how to handle it. It’s in the ordinance. Clear.

02:53:20,900	It’s spelled out. It’s the logistics of it. And so do. Yeah. And another one is, does this commission, the county commission have have the aggressiveness towards some of these things that that are, that have been there for years.

02:53:42,800	We had 16 open code violations that were handed to us from the city of Bismarck, that one of them is in that we already have a complaint on again. And so they never, never were able to fix it in the city of Bismarck. And now it’s ours. So these are things that are not at the level of hiring a code, a code enforcer.

02:54:03,800	Uh, but it’s, you know, the legal staff, the legal assistance is the part that we we need, need to help on. Yeah. Commissioner Connelly. Yeah, I actually called Mitch about the, um, topic. The last consent agenda up in Baldwin.

02:54:25,270	And with it being a four year, that’s why it’s really fitting that it’s under the pud, because everything that we’re going through now, when we’re talking, like high intensity buffers, well, that would fall to not the Feis that would fall to the other. And we can include that as part of the conditions when that public use permit comes up.

02:54:44,900	So we can we have the flexibility of exercising some of the very things that we discussed under those circumstances. And if it ends up being where they’re cursing at each other and yelling in the hall, maybe they’re not ready for the table here. Maybe they need to figure it out at a the other checks and balance call. Take it to court.

02:55:02,500	Once you get a settlement, bring it back to us. Oh, that’s good idea. But they throw Brearley County in the middle of a and it’s hard to get out. So hard to get get Burleigh County out of that situation. Violation of our zoning ordinances. Yep.

02:55:24,000	We have got to do our investigation and turn it over to the state’s attorney for prosecution. Otherwise, why are we here? There’s a lot more in play than what you just said. Yeah, there are two people involved in this property. Owner. This discussion, and it’s not just one person. There are there are zoning violations. There are zoning violations.

02:55:47,630	And we have tried to work with her. We tried to work. We we spent a year creating that agricultural recreation ordinance. Yeah. You know, we I have sent notice to owners to she’s appealed those she was denied. So it’s not like we’re not just ignoring this and it’s we’re working on it.

02:56:10,730	Am I in my experience with these code violations, time is the best weapon. It’s the best tool to use, not the hammer, not anything else. But time. Over time, you eventually correct it so. Any further business? Does that make sense? No, because you bought massive losses happening when you when you don’t enforce the zoning ordinances.

02:56:40,100	And I’m not siding with one or the other. I’m just saying when you’re getting as a commissioner, when you’re getting the calls and nothing is getting done, or that’s sure what, because I’ve been in your office a few times about this.

02:56:56,800	And so I just think that if Morton County, when they get a violation for a zoning ordinance, they investigate it and they turn it over to the state’s attorney. Well, good for Martin County. I don’t know. I I’ve never been experienced with Morton County’s. The way they do these things, but we are working on the Feis problem up there, if you want to call it. We are working on that.

02:57:11,600	She was she’ll be receiving a toe here by tomorrow. So we have spent close to eight months just getting his pod put together. And I and it’s another dragging feet or whatever. It wasn’t up until this week that we got the the preliminary, the final preliminary plat even to review. So it’s. Yeah. Or is there any further business. Second.

02:57:49,270	All right. It’s been moved to