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FAIRMONT-- The Fairmont City Council on Monday considered two conditional use permits (CUP) for boathouses at two residences in Fairmont.
On Oct. 4 the Fairmont Planning Commission held a public hearing to review a request for a CUP to place a boathouse at 221 Krahmer Dr. The proposed boathouse would be placed about 12 ft. from the ordinary high water level (OHWL) of Hall Lake.
At that time the Planning Commission also heard a request to place a boathouse at 410 Lake Aires Road. The boathouse would be placed approximately 30 ft. from the OHWL of Amber Lake.
Currently, the shoreline management code says that all structures must be set back 50 ft. from the OHWL and does not provide a specific exemption for boathouses.
Minnesota Department of Natural resources (DNR) provided comment for both requests and explained that the city's definition of a boathouse does not match state rule by definition, which says the proposed structure would be considered a "water oriented accessory structure" instead of a boathouse and be subject to a 10-ft. setback from OHWL.
However, the city's shoreline management ordinance does not allow for that.
The Planning Commission previously recommended denial of both permit requests. On Monday Mayor Deb Foster asked Peter Bode, Planner and Zoning Official, whether he agreed with that recommendation.
Bode said they're in the middle of updating the shoreline management code, as the city is updating its zoning codes, and said he thinks it's important to follow the code as it's written now. He said he thinks a discussion should be had with the community going forward with what it wants for boathouses.
Council Member Randy Lubenow asked why the city requires boathouses to be set back five times more than required by the DNR. Bode noted that there are quite a few structures located along the lakes, but that none have been granted within the last six years.
Council Member Bruce Peters asked if the boathouses had been called a water oriented accessory structure, whether they would be fine.
"That would have brought it in-line with the DNR and the state, but whether we call it a boathouse or water oriented accessory structure, our code still has the 50 ft. setback requirement for house structures," said City Administrator Cathy Reynolds.
Mayor Deb Foster said she took issue with Bode's remark that it could be a year to complete updating the code. Bode said that they're scheduled to have the code updated by early summer.
Council Member Britney Kawecki asked whether they could apply for a variance. Bode said one of the property owners has, so the Board of Zoning Appeals will consider it in November. He also said a variance is a higher standard than a CUP so a lot of caution has to go into granting a variance.
Peters said he thought they should just approve the CUP, as it seemed inevitable that it would be approved.
"Considering the fact that we're working on ordinances, wouldn't it be better to have this come back in the spring?" asked Council Member Michele Miller.
Bode said that city staff must follow up with any zoning request within 60 days. While they can extend it to 120 days, that would still only bring them to January.
"I want to pass it... but in light of the fact that the ordinances are being updated, it would be easier if we just did it that way," Miller said.
Peters said he could think of multiple structures along the lakes that are within 50-ft. He asked if the code changed after CUPs were granted. Bode said he thought a lot were granted under an old set of codes and grandfathered in.
City Attorney Mark Rahrick recommended that the council follow what's in its code and to not make exceptions. However, he said the council could deny the requests but direct staff to make an amendment to the code and then the applicants could re-apply.
"It seems to me that's better than approving a CUP that does not meet our code requirements and then you find out later that you're going to do something other than 10 ft.," Rahrick said.
Lubenow made a motion to deny the request, but to direct city staff to amend the code to require a 10-ft. setback as quickly as possible.
Kawecki recommended they amend the motion to match the DNR's model ordinance. Reynolds said that she thought they should make a minor amendment, as they continue to work toward a larger overall change of the zoning code, which is anticipated to be done by spring or early summer.
Lubenow's original motion passed.
Moving to otter matters, Economic Development Coordinator, Ned Koppen, briefly provided the council with the third quarter community development report.
Koppen said that in residential permits, they were ahead of 2021 permits for additions and alternations but slightly behind in total residential permits issued. For commercial permits, he said there are three new building permits compared to two last year.
"Planning and Zoning issued 32 permits in the third quarter and seven land disturbance permits were issued," Koppen said.
In other news, the council approved updating council policy. Under the public comment period portion, the policy will change so that residents of Fairmont who speak during the public comment portion of the meeting will no longer be required to share their address, but will only have to share if they are a resident or non-resident of Fairmont.
This change comes after reports that several people who have previously spoken and shared their address during public comment have been harassed.
"It's really sad that we have to do this," said Peters.
In other news:
-- The council recognized Nov. 10 as Community Education and Recreation Day.
-- The council approved Chris Pierce as a new FEDA board member, following the resignation of Andy Noll.