08- August 18, 2022 Planning Commission Meeting Packet1

Planning Commission Minutes – June 23, 2022 2 subdivision process. Since then, a total of 10 Auditor’s Lots have recorded and are trying to be sold as developable lots. At present time the Auditor’s Lots have been used to divide the lots into 5 acres. Roads have been improved with access. There is one house located on Auditor’s Lot 2 which is Mr. and Mrs. Matthews home with a 911 address. In August 2021, another house was moved onto the property (but it is on a trailer) onto what appears to be Auditor’s Lot 7. Attorney for the Matthews, Jack Dwyer, spoke on their behalf. The Matthews do have zoning approval from the township. They are currently working on the Cass County subdivision application to see where that goes as far as approvals. They had previously thought that the township has jurisdiction over the county. Mr. Dwyer did say that they should have the application complete by the August 25, 2022 Planning Commission deadline. Ms. Puppe asked Mr. Dwyer if the neighbors understand that they will have to sign the subdivision plat as owners, he said they do understand. Commissioner Scherling asked if they are going to continue work or pause all activity until this matter is settled. Mr. Dwyer said that he told his clients to not move forward with work or sales and nothing has happened since November 2021. Ms. Puppe indicated that in June 2022, construction had started on the house on Auditor’s Lot 7 which now has a poured foundation. There have been attempts to contact the owners of Lot 7 via certified letter, which has been returned to the Planning office undelivered. Mr. Vallie said that the Cass County Commission can take legal action to stop all work. He also mentioned that it would be up to the Commission to determine when they would take action such as waiting to see if they subdivision application comes or just go ahead and proceed with legal action. Commissioner Scherling said that sooner is better then waiting, Dr. Mahoney concurred. Mr. Gohdes added that his experience with being on a township board, it is much harder to stop progress after its started vs nipping the issue before too much happens. Upon hearing no further public comments, the public hearing was closed. MOTION, passed Dr. Mahoney moved and Mr. Monson seconded to require a subdivision application be submitted by August 25, 2022 to keep this moving forward and to allow the County Commission to consider this matter at its September 6, 2022 meeting to consider legal action. On a roll call vote with all in favor, motion carried. F. NEW BUSINESS Mr. Aaron Johnson of the Fargo Cass Public Health introduced himself and gave a brief summary of his job duties, such as sewer evaluations, nuisance health issues (garbage, hoarding, rodents, any danger to the public) in rural areas. He also mentioned that his job is based on complaints from the public and does not go seeking out any of these issues. G. OLD BUSINESS Dr. Mahoney left the meeting at 7:42am.