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Planning Commission Minutes – March 23, 2023 2 <br /> <br />Prevention Ordinance, the Cass County Subdivision Ordinance, and all other applicable <br />regulations. <br />On a roll call vote with all in favor, motion carried. <br /> <br />2. Hearing on an application requesting a Minor Subdivision Plat of Buhr Erickson Farms <br />Subdivision located in Section 19, Township 141 North, Range 54 West of the 5th Principal <br />Meridian, Ayr Township, Cass County, North Dakota. <br /> <br />Mr. Lougheed opened the public hearing. <br /> <br />The applicant is seeking approval of a minor subdivision entitled Buhr Erickson Subdivision to plat <br />a two (2) Lot subdivision of approximately 27.02 acres. According to the applicant, the subdivision <br />is requested to break out a tract of land to separate the house from the rest of the farm. <br /> <br />The proposed ownership and maintenance responsibility of the subdivision will be private. The <br />subdivision will use an existing 28th St SE Road access, ditches for storm sewer conveyance, rural <br />water, and on-site septic systems for wastewater treatment. <br /> <br />Upon hearing no public comments, the public hearing was closed. <br />MOTION, passed <br />Mr. Bertsch moved, and Mr. Gohdes seconded to accept the findings and recommend <br />approval to the County Commission under the condition that a deed restriction is <br />received by the County Planner. <br /> On a roll call vote with all in favor, motion carried. <br /> <br />3. Hearing on an application requesting a Minor Subdivision Plat of K&S Johnson Subdivision <br />located in Section 13, Township 138 North, Range 52 West of the 5th Principal Meridian, Maple <br />River Township, Cass County, North Dakota. <br /> <br />Mr. Lougheed opened the public hearing. <br /> <br />The applicant is seeking approval of a minor subdivision entitled K&S Johnson Subdivision to plat <br />a one (1) Lot subdivision of approximately 10 acres. According to the applicant, the subdivision is <br />requested to get a 911 address assigned for a single resident farmstead on the parcel. <br /> <br />The proposed ownership and maintenance responsibility of the subdivision will be private. The <br />subdivision will use a new 45th St SE access, ditches for storm sewer conveyance, rural water, and <br />on-site septic systems for wastewater treatment. <br /> <br />Mrs. Johnson spoke explaining their situation of going to the township and obtaining a building <br />permit to build a home. They claim that they were not told to contact the Cass County Planning <br />Department to go through the subdivision process. She is requesting that the variance and deed <br />restriction be dismissed because they have received the building permit and bought 10 acres of <br />land, they meet all requirements to be approved. They are not in the farming business but will <br />have a house built. Mr. Bertsch asked who they purchased the land from. Mrs. Johnson stated it <br />was from a 3rd party trust. The 3rd party trust said that the deed restriction is not needed, and <br />they will not provide one.