Nowthen Planning and Zoning Commission meeting, September 26, 2023

What was on the agenda

8 items as recorded in the packet and minutes, each with a short summary of what was at issue.

1. CALLCall to order, pledge of allegiance, and roll call

   The meeting was called to order, the pledge was recited, and roll call was taken.

   Call to order, pledge, and roll call were completed.

   • meeting administration

   No action
   p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)CALL TO ORDER Chair Ames called the meeting to order at 7:01pm Those assembled recited the pledge of allegiance. Present: Chair Ames, Commissioners Carlson, Bies, Haapala, Jorgenson, Pearo Absent: Commissioner Lewis.

2. AApprove/amend tonight's meeting agenda

   Approve or amend the September 26, 2023 meeting agenda.

   The agenda was approved 6-0 before Commissioner Lewis entered the meeting.

   • meeting administration

   Approved
   p. 1↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)Approve/Amend tonight's meeting agenda of September 26, 2023.p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER PEARO, SECONDED BY BIES TO APPROVE THE AGENDA. SIX (6) AYES. MOTION CARRIED.

3. 1Public Hearing: Accessory Building Variance, 7700 188th Lane NW

   Public hearing and recommendation on a variance to allow a 3,200-square-foot accessory building in the front yard of an existing developed residential property at 7700 188th Lane NW, PID 33-33-25-21-0011.

   The Commission held the public hearing for Eric and Kristin Moan's request to place a 3,200-square-foot pole shed in the code-defined front yard at 7700 188th Lane NW. Planner Stockman explained that the lot's corner configuration makes the Xenolith Street side the technical front yard even though the house faces 188th Lane, and she recommended approval with conditions. No public opposition was recorded, and the Commission voted 7-0 to approve the findings and recommendation with conditions for City Council action.

   The Planning and Zoning Commission approved the findings and recommendation with conditions for City Council consideration.

   • Moan accessory building variance

   Approved with conditions
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)1. 7:00 PM: Public Hearing: Accessory Building Variance, 7700 188th Lane NW Consider approval of a Variance to allow placement of a 3,200 SF accessory building within the front yard of an existing developed residential property. PID 33-33-25-21-0011p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER HAAPALA, SECONDED BY JORGENSEN TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS 7 AYES. MOTION CARRIED.

4. 2Public Hearing: Front Porch Variance, 8766 Norris Lake Road

   Public hearing and recommendation on a variance to allow a covered front porch addition to extend six feet closer to Norris Lake Road at 8766 Norris Lake Road, PID 08-33-25-32-0008.

   The Commission held the public hearing for Shawn Thompson's request to add a six-foot-deep covered front porch to the legally nonconforming house at 8766 Norris Lake Road. Planner Stockman described the old house, the reduced road setback, drainage work on the property, and the staff recommendation. No public opposition was recorded, and the Commission voted 7-0 to approve the findings and recommendation with conditions for City Council action.

   The Planning and Zoning Commission approved the findings and recommendation with conditions for City Council consideration; the minutes' motion text calls it an accessory building variance, though the item is the front porch variance.

   • Thompson front porch variance

   Approved with conditions
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)2. 7:15 PM: Public Hearing: Front Porch Variance, 8766 Norris Lk. Rd. Consider approval of a Variance to allow a covered front porch addition to extend six (6) feet closer to Norris Lk. Rd. PID: 08-33-25-32-0008p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER BIES, SECONDED BY PEARO TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS 7 AYES. MOTION CARRIED.

5. 3Public Hearing: Interim Use Permit, 7411 181st Avenue NW

   Public hearing and recommendation on an interim use permit to allow temporary outside storage of a landscape contractor's vehicles, materials, and equipment at 7411 181st Avenue NW, PID 33-33-25-43-0011.

   The Commission held a lengthy public hearing on Sharon Paone and John VonDelinde's interim use permit request for temporary outdoor storage of landscape business vehicles, trailers, containers, and equipment at 7411 181st Avenue NW. Neighbors objected to noise, views, containers, unlicensed vehicles, and the residential setting; the lessee said the storage was temporary, tied partly to pending title and litigation issues, and could be reduced. The Commission amended the findings and recommendations, including limits on the storage area and items, and voted 6-1, with Commissioner Bies opposed, to recommend approval of the amended interim use permit.

   The Planning and Zoning Commission approved the amended findings and recommendations by a 6-1 vote for City Council consideration.

   • Paone VonDelinde interim use permit

   Approved with conditions
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)3. 7:30 PM: Public Hearing: Interim Use Permit, 7411 181st Avenue NW Consider an Interim Use Permit request to allow the outside storage of a landscape contractors vehicles, materials and equipment for a temporary period of time. PID 33-33-25-43-0011p. 4↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY CHAIR AMES, SECONDED BY HAAPALA TO APPROVE THE FINDINGS & RECOMMENDATIONS APPROVING AN INTERIUM USE PERMIT FOR OUTDOOR STORAGE AS AMENDED. 6 AYES, 1 NAY COMMISSIONER BIES. MOTION CARRIED.

6. 4Discussion, Continued: Subsurface Sewage Treatment System Ordinance

   Continued discussion of proposed changes to the City's subsurface sewage treatment system ordinance, including maintenance and updates to reflect Minnesota 7080 rules.

   The agenda included continued discussion of changes to the City septic ordinance to address maintenance and Minnesota 7080 rule updates, but the Commission did not reach the item because of time. The minutes state that the item was tabled until the October 24 meeting.

   The item was tabled until the October 24 meeting due to time.

   • SSTS ordinance update

   Tabled
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)4. 8:00 PM: Discussion, Continued: Subsurface Sewage Treatment System Ordinance Consider changes to the City's septic system ordinance pertaining to maintenance and general updates to reflect the MN 7080 rulesp. 5↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)#4 Discussion, Continued: Subsurface Sewage Treatment System Ordinance. Consider changes to the City's septic ordinance pertaining to maintenance and general updates to reflect the MN 7080 rules. THIS ITEM IS TABLED UNTIL THE OCTOBER 24TH MEETING DUE TO TIME.

7. UPCOMINGUpcoming Projects

   Upcoming projects listed on the agenda and discussed while waiting for the 7:30 public hearing.

   While waiting for the scheduled 7:30 public hearing, Planner Stockman reviewed upcoming work, including landscaping, fencing and screening ordinance updates, Leistico and Gustafson subdivisions, a Krogstad home-business IUP, and an Amborn property proposal involving assisted living and subdivision. Mayor Pilon cautioned that an ordinance change for assisted living would apply citywide to properties meeting the criteria, not only to the applicant's property.

   The Commission discussed upcoming projects while waiting for the scheduled 7:30 public hearing.

   • upcoming projects

   Discussion only
   p. 1↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)Upcoming Projects: a. Complete updates to landscaping, fencing, screening ordinance b. Leistico Subdivision c. Gustafson Subdivision d. Krogstad IUP, home businessp. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)3. Waiting 6 minutes for the next public hearing to start at 7:30. While waiting, Planner Stockman went through upcoming projects: Complete updates to landscaping, fencing, and screening ordinance. Leistico Subdivision Gustafson Subdivision Krogstad, IUP, home business Amborn property - Assisted living and subdivide.

8. ADJAdjournment

   Motion to adjourn.

   The meeting adjourned at 9:08 p.m.

   • meeting administration

   Approved
   PDF↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)Motion to Adjournp. 5↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER BIES, SECOND BY JORGENSEN TO ADJOURN. Meeting Adjourned at 9:08 p.m.

Motions and votes

5 motions on the record. Split votes are highlighted.

• M1MOTION BY COMMISSIONER PEARO, SECONDED BY BIES TO APPROVE THE AGENDA.

  moved by Commissioner Pearo, seconded by Bies

  Passed

  • YChair Ames
  • YCarlson
  • YBies
  • YHaapala
  • YJorgenson
  • YPearo
  • ·Lewis

  p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER PEARO, SECONDED BY BIES TO APPROVE THE AGENDA. SIX (6) AYES. MOTION CARRIED.p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)Present: Chair Ames, Commissioners Carlson, Bies, Haapala, Jorgenson, Pearo Absent: Commissioner Lewis.

• M2MOTION BY COMMISSIONER HAAPALA, SECONDED BY JORGENSEN TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS.

  Exact transcript text

  MOTION BY COMMISSIONER HAAPALA, SECONDED BY JORGENSEN TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS

  moved by Commissioner Haapala, seconded by Jorgensen

  Passed

  • YChair Ames
  • YCarlson
  • YBies
  • YHaapala
  • YJorgenson
  • YPearo
  • YLewis

  p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)7:08 Commissioner Lewis entered the meeting.p. 1↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER HAAPALA, SECONDED BY JORGENSEN TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS 7 AYES. MOTION CARRIED.

• M3MOTION BY COMMISSIONER BIES, SECONDED BY PEARO TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS.

  Exact transcript text

  MOTION BY COMMISSIONER BIES, SECONDED BY PEARO TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS

  moved by Commissioner Bies, seconded by Pearo

  Passed

  • YChair Ames
  • YCarlson
  • YBies
  • YHaapala
  • YJorgenson
  • YPearo
  • YLewis

  p. 2↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER BIES, SECONDED BY PEARO TO APPROVE THE FINDINGS & RECOMMENDATION ACCESSORY BUILDING VARIANCE WITH CONDITIONS 7 AYES. MOTION CARRIED.

• M4MOTION BY CHAIR AMES, SECONDED BY HAAPALA TO APPROVE THE FINDINGS & RECOMMENDATIONS APPROVING AN INTERIUM USE PERMIT FOR OUTDOOR STORAGE AS AMENDED.

  moved by Chair Ames, seconded by Haapala

  PassedSplit vote

  • YChair Ames
  • YCarlson
  • NBies
  • YHaapala
  • YJorgenson
  • YPearo
  • YLewis

  p. 4↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY CHAIR AMES, SECONDED BY HAAPALA TO APPROVE THE FINDINGS & RECOMMENDATIONS APPROVING AN INTERIUM USE PERMIT FOR OUTDOOR STORAGE AS AMENDED. 6 AYES, 1 NAY COMMISSIONER BIES. MOTION CARRIED.

• M5MOTION BY COMMISSIONER BIES, SECOND BY JORGENSEN TO ADJOURN.

  moved by Commissioner Bies, seconded by Jorgensen

  Passed

  p. 5↗Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)MOTION BY COMMISSIONER BIES, SECOND BY JORGENSEN TO ADJOURN. Meeting Adjourned at 9:08 p.m.

Prior history on this business

When someone referred back to earlier business, we found the matching prior discussion and tied it in here.

• Note that the neighbor across Xenolith Street has a shed that was approved prior to 2005 in a comparable location. It is possible that older City Codes varied in the definition of 'front yard' or that the placement was overlooked by previous building officials because it seems very logical.

  — Planner Stockman

  What this is about
  A comparable shed near the Moan property that may have been allowed under older rules or overlooked before 2005.

  p. 6↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)Note that the neighbor across Xenolith Street has a shed that was approved prior to 2005 in a comparable location. It is possible that older City Codes varied in the definition of 'front yard' or that the placement was overlooked by previous building officials because it seems very logical.

  Related history

  The records I searched do not contain a prior decision matching this recollection. The search results did not show an approval for a shed across Xenolith Street, a Moan property item, or any pre-2005 building/zoning decision about a comparable shed location. The results returned were from 2026 packets and appear unrelated, covering items such as home occupation standards, flag lot standards for Palomino Estates, and a road crack-sealing proposal. They do not document whether an older shed was approved under prior code definitions or overlooked by building officials.

  • ·Apr 14, 2026Bertram Asphalt Company P.O. Box 162 Paynesville, MN 56362 Cell: 320-292-1311 Email: bertramasphalt@gmail.com Proposal <
  • ·Mar 10, 2026b) Spare or replacement parts ancillary to a small engine or a small machine (motorcycle, lawn mower, snow blower or sno
  • ·Feb 24, 2026a) Hair care products ancillary to home beauty or hair care occupations; 21360 Xenon St NW February 18, 2026 b) Spare or
  • ·Mar 10, 20266\. An existing flag lot or lot provided access via an existi
  • ·Feb 24, 20266\. An existing flag lot or lot provided access via an ex

• The leasing of space for a home business has not been allowed since the City was Burns Township. All known applications in the past have involved the leasing of building space, not outdoor storage space, although 'space' is not defined in the City Code.

  — Planner Stockman

  What this is about
  Past practice on leasing space for home businesses when Nowthen was Burns Township, relevant to the Paone/VonDelinde IUP.

  p. 44↗Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)The leasing of space for a home business has not been allowed since the City was Burns Township. All known applications in the past have involved the leasing of building space, not outdoor storage space, although 'space' is not defined in the City Code.

  Related history

  The records I searched do not contain a prior decision or documented past practice matching this recollection about Burns Township/Nowthen not allowing leased space for home businesses, or distinguishing leased building space from outdoor storage space for home-business IUPs. The search results returned unrelated 2026 packet items, including public safety reports, liquor license and legal-services resolutions, festival and farmers market materials, and one biographical reference to service on the Burns Township Planning & Zoning Commission. None of the results document earlier applications, approvals, denials, or code interpretations relevant to the Paone/VonDelinde IUP issue.

  • ·Mar 10, 2026<table> <tr> <th colspan="9">BURGLARIES</th> </tr> <tr> <th>Number</th> <th>Case Number</th> <th>Created On</th> <th>Off
  • ·May 12, 2026CITY OF NOWTHEN </figure> RESOLUTION No. 2026-XX Council Meeting Location: Historic Townhall 19800 Nowthen Blvd NW Nowth
  • ·Apr 14, 2026CITY OF NOWTHEN </figure> RESOLUTION No. 2026-XX Council Meeting Location: Historic Townhall 19800 Nowthen Blvd NW Nowth
  • ·Mar 10, 2026## BACKGROUND AND SUPPLEMENTAL INFORMATION: Dear Nowthen City Council, On behalf of the Nowthen Heritage Festival Commit
  • ·May 12, 2026CITY OF NOWTHEN </figure> Council Meeting Location: Historic Townhall 19800 Nowthen Blvd NW Nowthen MN, 55330 #### RESOL

• and that used to be the old George damn place yeah awesome people don't remember that but anyway uh if there's no more questions

  — Chair Ames

  What this is about
  A recollection that the Thompson property used to be the old George place and had dairy farm history.

  0:20↗and that used to be the old George damn place yeah awesome people don't remember that but anyway uh if there's no more questions0:21↗oh it goes back a long ways and it was a small dairy farm you need to sort of words through poor well I was to an auction [Music] and that's been probably 30 years ago

  Related history

  The records I searched contain a partial match for the Thompson property, but not for the “old George place” or dairy-farm history recollection. At the July 27, 2021 Planning & Zoning Commission meeting, Shawn Thompson requested an Interim Use Permit for 8766 Norris Lake Road to allow storage for his home business, Jump City Inflatables, on a 15.83-acre property. The discussion described existing and planned storage buildings, screening from the road, employee parking, and a possible future wedding-venue request, but the records shown do not mention the property previously being the George place or having dairy farm history. The other “George” references in the search results are about Lake George water quality and wetlands, not a prior owner or farm history for the Thompson property. The records I searched do not contain a prior decision or discussion confirming that recollection.

  • ·Apr 11, 2023#### 2022 Aquatic Invasive Vegetation Mapping <table> <tr> <td>Partners:</td> <td>Lake George LID, Lake George Conservat
  • ·Apr 11, 2023### Discussion Lake George remains one of the clearest of the Anoka County lakes, but a trend of declining Secchi transp
  • ·Apr 11, 2023### Lake George #### CITY OF OAK GROVE, LAKE ID # 02-0091 ##### Background Lake George is located in north-central Anoka
  • ·Oct 26, 2021# CITY OF NOWTHEN PLANNING & ZONING COMMISSION MEETING TUESDAY, July 27, 2021 <table> <tr> <th rowspan="3">Present:</th>
  • ·Jul 27, 2021# CITY OF NOWTHEN PLANNING & ZONING COMMISSION MEETING TUESDAY, July 27, 2021 <table> <tr> <th rowspan="4">Present:</th>

• this is coming through as a request from him it's only about property the entire state which is similar to what we had down in the southwest corner there that people are asking for a change but that anybody with Metro same conditions would have important property and more commercial if we change that from what we have this could apply everything

  — Mayor Pilon

  What this is about
  A prior ordinance-change discussion in the southwest corner was recalled as a caution that applicant-driven ordinance changes can apply more broadly.

  0:27↗this is coming through as a request from him it's only about property the entire state which is similar to what we had down in the southwest corner there that people are asking for a change but that anybody with Metro same conditions would have important property and more commercial if we change that from what we have …

  Related history

  The records I searched do not contain a prior ordinance-change discussion matching Mayor Pilon’s recollection about the “southwest corner” and the caution that an applicant-driven change could apply citywide. The closest matches are unrelated: the March 10, 2026 packet includes legal descriptions for property in the Southwest Quarter of the Northwest Quarter of Section 10 near Pinnaker Road NW and a proposed roadway easement, and it also includes a fee-schedule ordinance. Those records do not show a land-use ordinance change request, a discussion about broader citywide applicability, or a formal vote on the issue Mayor Pilon described.

  • ·Mar 10, 2026# CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # ORDINANCE NO. 2026-XX # AN ORDINANCE AMENDING THE SCHEDULE OF FEES F
  • ·Mar 10, 2026LOGIPOR V 72587 WETLAND OHW - 922.0 Commencing at the Southwest Corner of said Southwest Quarter of the Northwest Quarte
  • ·Apr 14, 2026not limited to the security requirements set forth in Minnesota Rule 9810.1500, as the same may be amended from time to
  • ·Mar 24, 2026not limited to the security requirements set forth in Minnesota Rule 9810.1500, as the same may be amended from time to
  • ·Mar 10, 2026Easement for road purposes over the following described parcel: That part of the Southwest Quarter of the Northwest Quar

• one or two older uh conditional use permits for many years ago where buildings released so it was probably ear to that but because space is not defined um you know that that complicates it

  — Planner Stockman

  What this is about
  Prior older conditional use permits for leased buildings were recalled during discussion of whether the IUP ordinance meant indoor space rather than outdoor storage.

  1:12↗one or two older uh conditional use permits for many years ago where buildings released so it was probably ear to that but because space is not defined um you know that that complicates it

  Related history

  The records I searched do not contain a prior older conditional use permit matching the recollection of “leased buildings” being discussed or approved years ago. The closest related records are from the 2026 cannabis interim use permit materials. In the March 24, 2026 packet and again in the April 14, 2026 meeting packet, the proposed conditions allowed use of an existing brown shed and required all business materials, equipment, and parts to be stored in the accessory structure, with “no outside storage” permitted. Those records relate to the indoor-versus-outdoor storage issue, but they do not document the older CUP example Planner Stockman was trying to recall.

  • ·Dec 23, 2025DECISION: Based on the foregoing information and applicable ordinances, the Planning and Zoning Commission recommends ap
  • ·Sep 23, 2025Option A: The cul-de-sac can be installed in substantial compliance with the Approved Plans and an easement acceptable t
  • ·Mar 10, 2026# CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # ORDINANCE NO. 2026-XX # AN ORDINANCE AMENDING THE SCHEDULE OF FEES F
  • ·Feb 24, 2026# CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA ## ORDINANCE NO. 2026-01 # AN ORDINANCE AMENDING THE SCHEDULE OF FEES
  • ·Apr 14, 20266\. The approved total outdoor cultivation area shall not exceed 7000 square feet that is in a fenced and secured area a

Sources

Documents and recordings archived for this meeting, when available.

• Document

  Meeting Planning and Zoning Commission Meeting — Minutes (2023-09-26)

  Minutes · Tuesday, September 26, 2023

  6 pages

  ↗
• Document

  Meeting Planning and Zoning Commission Meeting — Agenda Packet (2023-09-26)

  Packet · Tuesday, September 26, 2023

  79 pages

  ↗
• Video

  Meeting recording

  YouTube

  Transcript · 791 segments · 2:06:47

  ↗