STAFF REPORT - Amazon Web Services...PAC\5. 08-0446-000 Musselman - Giant Oak Cabin LLC CUP\3. Staff Report\PAC 5. Musselman CUP Staff Report.docx CUP#19150 Page 7 PID#08-0446-000

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STAFF REPORT

Applicant Information Applicant: Laurie Musselman on behalf of Giant Oak Cabin LLC

Application: Conditional use permit to operate a commercial business related to short-term leasing or rental of a residential structure in a Shoreland-Recreational Development (S-RD) zoning district per section 4.3.2.B. of the Pope County Land Use Controls Ordinance.

Location: Lot 17, Hendrickson’s Highview Addition, Section 9, Township 125 (Minnewaska), Range 38, Pope County, Minnesota.


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Background The applicant is seeking right to operate a commercial business relating to the leasing or rental of an existing onsite residential structure (such as Airbnb or VRBO) on Pelican Lake. A commercial operation in the Shoreland-Recreational Development (S-RD) zoning district requires a C.U.P.

Applicable Statutes

• This application is subject to the criteria and procedures as prescribed in section 11.5 Conditional Use Permit of the Pope County Land Use Controls Ordinance.

• The proposed land use is being considered as a conditional use on Shoreland-Recreational Development (S-RD) designated land as per Pope County Land Use Controls Ordinance Section 4.3.2.B.

Staff Comments Based on the review of the application, Staff offers the following comment:

The 2.5 acre parcel of land is located in the northwest part of the lake and accessed by Highview Ave. There are a lot of trees and other vegetation that offer natural screening from neighboring properties. The permitting information that is on file relating to the residential structure dates back to prior to 1975. The property has been in residential use from at least that point in history. The use of a property as a vacation rental home requires a conditional use permit from Pope County Land & Resource Management and a license from Horizon Public Health. Horizon Public Health issues licenses and performs inspections for compliance with Mn Rules Chapter 4625.

Staff Recommendation Approve with Conditions

Based on the findings of fact presented in this report the Staff recommends approving the application conditioned upon:

1. That prior to use/occupancy, any findings of non-compliance relating to the septic system be remediated.

2. An operating permit for the septic system shall be obtained to ensure overloading does not occur during high use occasions.

3. Number of guests and length of stay shall be limited to that which the septic system is able to accommodate.


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4. All outside lighting must be hooded and directed straight down. 5. Quiet hours will be from 10 pm until 8 am. 6. There will be no overflow parking in or on the right-of-way. 7. Designated parking area shall be identified on the property. 8. Any change in the use (other than the permitted uses in the zoning district or what is included in this

permit) or expansion of the business shall require a conditional use permit. 9. All other state and local permits and approvals shall be obtained for the operation of the business,

including licensure from Horizon Public Health. 10. The owner understands that future development of this site is conditioned upon compliance with all

provisions of the Pope County Land Use Controls Ordinance. 11. That prior to any construction activities or placement of signage, that all necessary permits are secured

from Township, County and State agencies.

Staff Findings The Staff offers the following findings:

1. The project is in compliance with the setback and other provisions of this ordinance unless a variance has been granted: Any proposed structure and/or use will necessarily be in compliance with the provisions of the Pope County Land Use Controls Ordinance as a condition of the permitting unless a variance has been granted.

2. The use is not in conflict with the County Comprehensive Land Use Plan: The current Comprehensive Plan includes goals that state a recognition of diverse and existing land uses throughout the county. It is noted that not all uses are compatible and that there should be consideration as to separation, siting, development requirements and operating standards. Based on the proposed land use including distance from sensitive environmental features, roadway and neighboring properties, the proposed use is not in conflict with the County Comprehensive Plan.

3. That the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish or impair neighborhood property values in the area and will not interfere with the best interest of the surrounding area or the community as a whole: The proposed land use should not create an interference with future development on adjacent properties, nor is it expected to diminish or impair neighboring property values.


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4. The use will not create an excessive burden on parks, schools, streets, water supply, public drainage systems and other public facilities and utilities which serve or are proposed to serve in the area: This land use is not expected to have a significant negative impact on public infrastructure.

5. The structure and sites shall have an appearance that will not have an adverse effect on adjacent properties: The site is expected to remain neat and orderly in appearance.

6. The road on which the project is proposed is adequate to handle increased traffic during operation, and that the use will not cause traffic hazards or congestion: The access road is adequate to handle traffic associated with the proposed land use.

7. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, odor, or general unsightliness: There should not be any negative impacts related to the intrusion of noise, glare, odor or general unsightliness upon nearby existing businesses.

8. That the establishment of the use will not impede the normal and orderly development and improvement of surrounding vacant property uses predominant to the area: The proposed land use will not conflict with existing uses.

9. That adequate utilities, drainage and other necessary facilities have been or are being provided: Any necessary utilities, drainage or other facilities will be addressed prior to and as a condition of issuance of any construction activities permit.

10. That adequate measures have been or will be taken to prevent or control rodents, insects, offensive odors, fumes, dust, noise, and vibration in order that none of these will constitute a nuisance, and that adequate measures have been or will be taken to prevent negative impacts on surface water, groundwater, and air quality, and that measures have been taken to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result: The site is expected to remain neat and orderly in appearance. As such, the site should not have a negative impact on neighboring properties with noise, dust, appearance, and other nuisances or impacts.


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REPORT APPENDIX

• Routing Sheet (Comments, concerns and conditions)

• Public Notice

• Supplemental Information

Attachment 1: Conditional Use Permit Application (Musselman, 20 June 2019)

Attachment 2: Site Layout (Musselman, 20 June 2019)

Attachment 3: Narrative (Musselman, 20 June 2019)

Attachment 4: Site Photos (L&RM Staff, 17 July 2019)


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Routing Sheet Comments, Concerns and Conditions

Agency

MN DNR No comment received.

Horizon Pub Health COMMENTS: I was out to the property on 7-8-2019. I recommend approval for CUP for Vacation Home Rental. Overnight capacity to be set a 9

PROPOSED CONDITIONS: Complete a water test from an accredited lab Septic system compliant with Pope County Land and Resource

County Department

Assessor COMMENTS: Property will classified as Commercial for Property tax purposes.

PROPOSED CONDITIONS: None

Attorney No comment received.

Recorder COMMENTS: Please see MN Statute 507.093 Standards for documents to be recorded or filed for recording of documents in the Recorder’s office. Our office shows per document #277123; which can be found in our Laredo program that the current owner of parcel 08-0446-000 is Giant Oak Cabin LLC.

Township

Minnewaska No comment received.

Other Comments Received

Dear Pope County Planning Advisory Commission members,

This is a note pertaining to the conditional use request of Laurie Musselman on behalf of Giant Oak Cabin LLC., Lot 17, Hendrickson's Highview Addition, Section 9, Township 125 (Minnewaska), Range 38, Pope County, MN

Our names are John and Kimberly Fragodt and we live at 17409 Highview Avenue. We purchased our lake cabin/home two years ago and now live there full-time after selling our home in Benson. We enjoy it very much on Pelican Lake. We enjoy living on a lake and enjoy the peace and quiet of lake cabin living. My recollection when I bought the property is that this portion of the lake (North Shores) was supposed to be for residential cabins only, with no leasing or rentals. Even if we was mistaken in that assumption, we are still entirely against the conditional use request for the proposed VRBO.

One of the major problems I have with the proposal is increased traffic. When people rent a place on a lake, they invite friends and family to join them. This means there will be 2 to 5 times the amount of a normal people using the facility, with


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2 to 5 times the vehicle traffic, including larger vehicles with boats and/or trailers. This would be a regular occurrence with a new set of renters coming in one day, moving out a few days later, and then others moving in.

In addition, there are many kids and animals along the road and I see a potential safety problem when you combine that with people who are not familiar with the area. Since the location is at the end of the road, the renters would have to drive by every location on the road, which can sometimes be tough to handle with the steep grades. There definitely could be safety issues with increased usage of the Highview Avenue road if this conditional use request were approved.

And, since the people who rent the place don't have a long-term loyalty to the property, it seems to me there would be a greater chance of property/shoreline/area damage and other problems in and around the property. The renters are able to leave after their rental period is over, and not worry about the way they left the property because they may never see it again. We, on the other hand, hope to be here living on Lake Pelican for the next 20-25 years.

In ending, I would like to go on record as saying I am against the conditional use request of Laurie Musselman on behalf of Giant Oak Cabin LLC.

Sincerely,

John and Kimberly Fragodt

17409 Highview Avenue

Glenwood, MN 56334

#320-368-2401


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Public Notice

POPE COUNTY LAND & RESOURCE MANAGEMENT

POPE COUNTY COURTHOUSE 130 E. MINNESOTA AVENUE, SUITE 113

GLENWOOD, MINNESOTA 56334 (320) 634-7791

POPE COUNTY PLANNING ADVISORY COMMISSION NOTICE OF PUBLIC HEARING FOR

CONDITIONAL USE REQUEST

Notice is hereby given that a Public Hearing will be held in the Community Room of the Pope County Courthouse, 130 East Minnesota Ave, Glenwood, MN 56334 at 6:00 pm or shortly thereafter on Thursday, July 25th, 2019, where the Pope County Planning Advisory Commission will consider a conditional use request per Pope County Land Use Ordinance sec. 11.5.

Description of Request: Conditional Use hearing on the application by Laurie Musselman on behalf of Giant Oak Cabin LLC, if granted would permit applicant to operate a commercial business related to short-term leasing or rental of a residential structure in a Shoreland-Recreational Development (S-RD) zoning district per section 4.3.2.B. of the Pope County Land Use Controls Ordinance.

Legal Description/Site Location: Lot 17, Hendrickson’s Highview Addition, Section 9, Township 125

(Minnewaska), Range 38, Pope County, Minnesota.

Dated: July 5, 2019 By: Jessica Hill

Land Use Specialist Land & Resource Management


CUP#19150 Supplemental Information PID#08-0446-000

Supplemental Information

Supplemental Information Attachment 1:

Conditional Use Permit Application (Musselman, 20 June 2019)








Site Layout (Musselman, 20 June 2019)





Narrative (Musselman, 20 June 2019)






Site Photos (L&RM Staff, 17 July 2019)

Variance 19150 Application – 25 July 2019 BOA Hearing PID#08-0446-000 Musselman

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Variance 19150 Application – 25 July 2019 BOA Hearing PID#08-0446-000 Musselman

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Documents

STAFF REPORT - Amazon Web Services...PAC\5. 08-0446-000 Musselman - Giant Oak Cabin LLC CUP\3. Staff Report\PAC 5. Musselman CUP Staff Report.docx CUP#19150 Page 7 PID#08-0446-000