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Planning Commission Minutes—February 28, 2019 4 <br /> <br /> <br />Mr. Fisher said the 10-acre agricultural use requirement may be tied to an outside <br />intent, such as for tax purposes. <br /> <br />MOTION, passed <br />Mr. Monson moved and Mr. Breitling seconded to <br />recommend that the County Planner draft alternative <br />language for subdivision exemption requirements in the <br />Cass County Subdivision Ordinance, specifically pertaining <br />to the exemption for agricultural land, and to bring <br />proposed changes to the Cass County Planning <br />Commission for review and approval. <br /> <br />Discussion: Mr. Ellig asked if the recommendation is to <br />remove the 10-acre requirement. Mr. Benson said the 10- <br />acre requirement was meant to prevent the development of <br />residential lots without going through the platting process. <br /> <br />Mr. Breitling said perhaps language could be added to <br />permit lot line adjustments. <br /> <br />Mr. Ellig said language could otherwise allow this board to <br />consider or approve similar issues as they arise. <br /> <br />Motion carried. <br /> <br />Application hearing deadline <br />Mr. Voigt stated that the subdivision ordinance requires that subdivision applications <br />must be submitted a minimum of 21 days prior to being heard by the Planning <br />Commission, and that this resulted in establishing a subdivision application deadline. <br />As February was a short month, there were potential conflicts between the local <br />ordinance deadline and the N.D.C.C. state statutory public hearing notification <br />requirement. Mr. Voigt contacted the office of the Attorney General and the State’s <br />Attorney Office to seek clarification on state public hearing notification requirements. <br />As a result, he was provided with an opinion from the Cass County State’s Attorney <br />Office that state statute public hearing notice requirements were not clear; however, full <br />seven-day week periods were advised, which resulted in more expensive newspaper <br />advertising fees. <br /> <br />Mr. Voigt stated that other similar planning entities do not impose deadline requirements <br />in which applications must be reviewed, and Mr. Voigt would prefer to eliminate the 21- <br />day requirement to ensure compliance with state statute and to allow more time for <br />thorough staff analysis of applications. <br />MOTION, passed <br />Mr. Breitling moved and Mr. Olson seconded to recommend <br />that the County Planner draft alternative language for Final <br />Plat Application requirements in the Cass County <br />Subdivision Ordinance, specifically pertaining to the 21-day <br />review requirement, and to bring proposed changes to the