Notice is hereby given that the Sturgeon Lake Township Planning Commission will hold a public hearing at 5:30 p.m. on July 11, 2024, at the Sturgeon Lake Town Hall, 86290 New Town Hall Road, Sturgeon Lake, MN 55783 to consider the request of Jason Williams to rezone the property located at 30192 Denham Crossing Road, in Sturgeon Lake Township, Pine County, Minnesota, also designated as Pine County property identification number 310199000, from the Agricultural Zoning District to the Commercial Zoning District.
Comments will be taken at the public hearing from all persons interested in commenting on the proposed rezoning.
Dated: June 17, 2024.
/s/ Nedene Kuhlman
Sturgeon Lake Township Clerk
Published in the North Pine County News June 20, 2024

The Sturgeon Lake Township Board hereby ordains as follows:
 
Section 1. Rezoning.  The Sturgeon Lake Township Board hereby rezones the following described property from the Agricultural District to the Commercial District: 
 
That part of the South 405.00 feet of the Northeast Quarter of the Southwest Quarter, Section 23, Township 45, Range 20, Pine County, Minnesota, that lies westerly of the East 198.00 feet of said Northeast Quarter of the Southwest Quarter;
 
            AND the following described tract of land:
 
Commencing at the northwest corner of said Northeast Quarter of the Southwest Quarter, Section 23, Township 45, Range 20, Pine County, Minnesota; thence southerly, along the west line of said Northeast Quarter of the Southwest Quarter, a distance of 300.00 feet to the actual point of beginning of the tract of land herein described; thence easterly, parallel with the north line of said Northeast Quarter of the Southwest Quarter, a distance of 85.00 feet; thence northerly, parallel with said west line of the Northeast Quarter of the Southwest Quarter, a distance of 120.00 feet; thence easterly, parallel with said north line of the Northeast Quarter of the Southwest Quarter, a distance of 815.00 feet; thence southerly, parallel with said west line of the Northeast Quarter of the Southwest Quarter, a distance of 741.61 feet to the north line of the South 405.00 feet of said Northeast Quarter of the Southwest Quarter; thence westerly, along last described north line, a distance of 900.01 feet to said west line of the Northeast Quarter of the Southwest Quarter; thence northerly, along last described west line, a distance of 620.63 feet to said point of beginning;
 
AND the following described tract of land:
 
That part of the Southeast Quarter of the Southwest Quarter, Section 23, Township 45, Range 20, Pine County, Minnesota, which lies westerly of the east 198 feet and which lies northerly of the south 684 feet of said Southeast Quarter of the Southwest Quarter and that part of the south 405 feet of the Northeast Quarter of the Southwest Quarter which lies westerly of the East 198 feet thereof. 
 
Section 2.  Effective Date.  This ordinance shall be effective upon its passage and publication according to law. 
 
Passed this 18th day of September, 2023.
 
 
 
                                                            _____________________________
                                                            Edward Magdziarz
                                                            Town Board Chair
                                                           
________________________
Nedene  Kuhlman
Sturgeon Lake Township Clerk

WHEREAS, L&L Properties owns the following described property (“Property”): 
 
Commencing at the northwest corner of said Northeast Quarter of the Southwest Quarter, Section 23, Township 45, Range 20, Pine County, Minnesota; thence southerly, along the west line of said Northeast Quarter of the Southwest Quarter, a distance of 300.00 feet to the actual point of beginning of the tract of land herein described; thence easterly, parallel with the north line of said Northeast Quarter of the Southwest Quarter, a distance of 85.00 feet; thence northerly, parallel with said west line of the Northeast Quarter of the Southwest Quarter, a distance of 120.00 feet; thence easterly, parallel with said north line of the Northeast Quarter of the Southwest Quarter, a distance of 815.00 feet; thence southerly, parallel with said west line of the Northeast Quarter of the Southwest Quarter, a distance of 741.61 feet to the north line of the South 405.00 feet of said Northeast Quarter of the Southwest Quarter; thence westerly, along last described north line, a distance of 900.01 feet to said west line of the Northeast Quarter of the Southwest Quarter; thence northerly, along last described west line, a distance of 620.63 feet to said point of beginning.
 
AND the following described tract of land:
 
That part of the Southeast Quarter of the Southwest Quarter, Section 23, Township 45, Range 20, Pine County, Minnesota, which lies westerly of the east 198 feet and which lies northerly of the south 684 feet of said Southeast Quarter of the Southwest Quarter and that part of the south 405 feet of the Northeast Quarter of the Southwest Quarter which lies westerly of the East 198 feet thereof. 
 
            WHEREAS, L&L Properties has applied for a variance to allow four principal structures and two principal uses on one lot; and
 
            WHEREAS, The Property already contains a driving range as a principal use and the owner desires to also construct four cabins on the Property and use them for rental purposes; and
 
            WHEREAS, Each of the cabins would be considered a principal building on the Property and the rental of the cabins would be a principal use of the Property; and
 
            WHEREAS, the Town Board views the rental of four cabins on the Property as not materially different from the construction of one building on the Property with four rooms for rent, such as a motel, and finds such use of the property to be a reasonable use that will not interfere with the existing driving range use; and
 
            WHEREAS, the Property is large enough to support four cabins for rental without affecting the character of the neighborhood; and
           
            WHEREAS, on November _____, 2023, the Sturgeon Lake Town Board conducted a public hearing on the applications of L&L Properties for the two variances; and
 
WHEREAS, the property is currently in the Agricultural zoning district; and
 
WHEREAS, the Sturgeon Lake Planning Commission recommended approval of the proposed variances;
 
NOW, THEREFORE, the Sturgeon Lake Town Board makes the following findings of fact: 
 

1. L&L Properties has applied for the following variances: 
   
   1. A variance from Section 2.01 of the Sturgeon Lake Township Zoning Ordinance to allow up to 4 principal structures on a single lot; and
      
   2. A variance from Section 2.07 to allow a second principal use on one lot.
      
2. There are practical difficulties in complying with the zoning ordinance in that the proposed second use is a reasonable use of the Property given the recreational character and use of the land in the area.  In addition, the four cabins represent a significantly lower density than could otherwise be achieved on this property if a single, larger motel-type building were constructed.  Finally, the current use of the Property for driving range purposes does not see frequent use by the public which allows the Property to host a second use without placing a significant burden on the Property or the neighboring properties.
   
3. The proposed cabins are a reasonable use of the Property in that they are complementary to the existing driving range already located on the Property and will not alter the essential character of the locality.
   

 
NOW, THEREFORE, the Sturgeon Lake Town Board does hereby approve the following variances for the Property:   
 

1. A variance from Section 2.01 of the Sturgeon Lake Township Zoning Ordinance to allow up to 4 principal structures on a single lot; and
   
2. A variance from Section 2.07 to allow a second principal use on one lot.
   

 
APPROVED this ______ day of November, 2023 by the Sturgeon Lake Town Board.
 
 
STURGEON LAKE TOWNSHIP
 
 
_____________________________
Chair
 
 
_____________________________
Clerk

The Township Board for the Township of Sturgeon Lake hereby ordains:
 
Section 1.      Amendment to Section 15.01.A.  Section 15.01.A of the Sturgeon Lake Township Zoning Ordinance is hereby amended to read as follows: 
 
Section 15.01.   USES PERMITTED.
 

1. Single family dwelling.  A single family dwelling shall be a permitted use.  A second single family dwelling on the same lot is a permitted use provided the lot upon which both dwellings are to be constructed is a minimum of 5 acres in area and the second dwelling is located in a location on the lot approved in writing by the Zoning Administrator such that the lot can be split into two lots in the future with one dwelling on each lot and each lot will meet all requirements of the Township’s Zoning Ordinance, including setback, front yard width and area requirements.  The second residence may be connected to the septic system of the primary residence if the septic system is sized for both dwellings in accordance with Minnesota Rules Chapter 7080.

 
 
Section 2. Amendment to Section 15.03.  Section 15.03 of the Sturgeon Lake Township Zoning Ordinance is hereby amended to read as follows: 
 
            Section 15.03  ACCESSORY USES.   The following uses are allowed as accessory uses:
 

1. Accessory Solar Energy Systems:

 

1. Provided that such systems installed on residences shall be limited to roof top systems. Roof top solar electric systems shall be mounted parallel to the plane of the roof, shall not extend more than one foot above the plane of the roof, shall not be located any closer than three feet from any side, top or bottom edge of the roof, and shall not occupy more than 75 per cent of the area of the roof plane it is affixed to.
   
   
2. Provided that such systems installed on agricultural buildings shall be roof top systems and shall not project more than four feet above the plane of the roof nor be located closer than six feet from the outer edge of the rooftop.

 

1. Provided that such ground-mounted systems shall not exceed twenty-five feet in height, shall not be located in any required setback area, and shall not exceed 10% lot coverage or 10,000 square feet, whichever is less. Square footage is calculated by the area encumbered by the outermost measurements of the solar equipment layout.

 
 
Section 3. Amendment to Section 15.04.  Section 15.04 of the Sturgeon Lake Township Zoning Ordinance is hereby amended to read as follows: 
 
Section 15.04.        DWELLING DESIGN STANDARDS.

1. Foundation Requirement. All dwellings shall be constructed on or placed upon a permanent foundation.

 
Section 4. Amendment to Section 15.05.  Section 15.05 of the Sturgeon Lake Township Zoning Ordinance is hereby amended to read as follows: 
 
Section 15.05.   LOT AREA, FRONTAGE AND YARD REQUIREMENTS.   The following minimum requirements shall apply.

                   Front                               Building
Lot Area     Yard Width   Side Yards  Setback Line   Rear Yards
2.5 acres        300’            30’ each          50’                   50’

Section 5. Section 35.01.1  Section 35.01.1 of the Sturgeon Lake Township Zoning Ordinance is hereby added as follows: 
 
Section 35.01.1  ACCESSORY SOLAR ENERGY SYSTEM.   A solar electric system established for the primary purpose of generating all or part of the electric energy needs of the host building, whether agricultural or residential in use.
 
Section 6. Section 3.07  Section 3.07 of the Sturgeon Lake Township Zoning Ordinance is hereby added as follows: 
 
            Section 3.07  Any person or entity that desires to appeal the decision of the Town Board to deny or approve a Conditional Use Permit or an Interim Use Permit must file a Notice of such appeal in the Pine County District Court within 30 days of such denial or approval,  and must serve such Notice of Appeal on the Township Clerk within 10 days of the filing of the same in Pine County District Court.  No appeal of such decision may be taken after the expiration of such 30-day and 10-day periods.
 
 
Section 7. Section 35.59  Section 35.59 of the Sturgeon Lake Township Zoning Ordinance is hereby amended to read as follows: 
 
Section 35.59.   STRUCTURE.   Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.  For purposes of front, side and rear yard setbacks, a fence shall not be considered a structure that is subject to such setback requirements.
 
Section 8.      Effective Date.
 
This ordinance shall be effective upon passage and publication in the official Township newspaper.
 
Passed by the Township Board of the Township of Sturgeon Lake this __________ day of _______________, 2024.
                                                                                                                                               
                                                                        _______________________________
                                                                        _________________ Town Board Chair
 
____________________________
Nedene Kuhlman, Town Clerk

WHEREAS, Joseph Burns owns the following described property (“Property”): 
 
That part of the northeast 1/4 of the southwest 1/4 of Section 35, Township 45, Range 20, Pine County, Minnesota, described as follows: commencing where the south line of the northeast 1/4 of the southwest 1/4 intersects the right of way of Minnesota State Trunk Highway 61, said point being the point of beginning; thence north along the east right of way line of said State Trunk Highway 61 right of way line 175 ft, thence east at right angles 250 feet, thence south at right angles 175 ft more or less to south line of the northeast 1/4 of the southwest 1/4, thence west along the said south line to the point of beginning. 
 
            WHEREAS, Joe Burns has applied for a variance to allow the construction of a home 16 feet from the rear property line instead of 50 feet from the rear lot line as required by Sturgeon Lake Zoning Ordinance Section 15.04; and
 
            WHEREAS, the Property is in the Agricultural zoning district; and
 
            WHEREAS, the Property is smaller in area than is currently allowed under the Townships Zoning Ordinance, but its square foot area is grandfathered in under the Zoning Ordinance; and
 
            WHEREAS, the smaller lot size presents a practical difficulty to using the Property in a reasonable manner similar to other properties in the neighborhood; and
 
            WHEREAS, the Town Board finds the use of the Property for a single family home sixteen feet from the rear of the property to be a reasonable use of the Property; and  
 
WHEREAS, the plight of the landowner is due to circumstances unique to the Property not created by the landowner as a power line bisects the Property in a location where a house would normally be able to locate and which would otherwise not necessitate a variance; and
 
WHEREAS, the variance, if granted, will not alter the essential character of the locality as the neighboring property to the south contains a principal building that encroaches on the side setback for the Agricultural District;
 
WHEREAS, the Sturgeon Lake Planning Commission recommended approval of the proposed variance;
 
NOW, THEREFORE, the Sturgeon Lake Township Town Board does hereby approve the variance request to allow a home to be constructed 16 feet from the rear lot line of the Property. 
 
APPROVED this 11th day of July, 2024 by the Sturgeon Lake Town Board.
 
 
STURGEON LAKE TOWNSHIP BOARD
 
 
_____________________________
Chair
 
 
_____________________________
Clerk

The Sturgeon Lake Township Board hereby ordains as follows:
 
Section 1. Rezoning.  The Sturgeon Lake Township Board hereby rezones the following described property from the Agricultural District to the Commercial District: 
 
That part of the northwest 1/4 of the northeast 1/4 west of the railroad right of way and  that part of Government Lot 1 described as follows: commencing at the north 1/4 corner of Section 26; thence west on the north section line 858 feet; then south parallel to the north-south 1/4 section line 660 feet; then southeasterly to a point 630 feet west and 960 feet south of said north 1/4 corner; thence east parallel to the north section line 190 feet; thence south parallel to the north-south 1/4 section line 388 feet more or less to the south line of Government Lot 1; thence east along said south line 440 feet to north-south ¼ section line; thence north on the north-south 1/4 section line 1/4 mile more or less to the north 1/4 corner and there terminating; all such property located in Section 26, Township 45, Range 20, Pine County, Minnesota.  
 
Section 2.  Effective Date.  This ordinance shall be effective upon its passage and publication according to law. 
 
Passed this 11th day of July, 2024.
                                               
/s/ William Grutkoski                                  /s/Nedene  Kuhlman
Town Board Chair                                        Township Clerk