Planning & Zoning Ordinances: 1945 Zoning Ordinance (Restricted Lands) Buffer Ordinance 2017; Shoreland Management Ordinance 2018 Amended; Subsurface Sewage Treatment System Ordinance; Floodplain Management Ordinance; Adult Entertainment Ordinance; General Zoning Ordinance 2019; Tower Ordinance; Land Application Ordinance; Solid Waste Ordinance For new Plats: Lot sizes should be as follows: Class - Area - Waterline Width: When the district court issued its decision, however, the time for Shetka to obtain a writ of certiorari had expired. 1.03 Coordinate with the County Comprehensive land use management plan to ensure compatibility with water management objectives and policies. Neither the ordinance nor the statute, however, specifically provides for the board of adjustment to review decisions on conditional use permit applications made by the planning commission or the county board. To the extent that the Aitkin County ordinance that is the subject of this case is inconsistent with the case law and statutes of Minnesota, the ordinance must be modified. Application for Zoning Permits. Zoning Ordinance, art. Section 1.2 Adoption, Effective Date, and Repeal Statement The Ordinance shall be effective upon adoption by the County Board of Commissioners and publication as required by law. Buffer plans must be approved by the SWCD. In Neitzel v. County of Redwood, 521 N.W.2d 73, 75 (Minn.App.1994), review denied (Minn. Oct. 27, 1994), this court determined that a county board's denial of a conditional use permit. As directed by the Aitkin County Shore-land Management Ordinance, appellant George Shetka sought review of the Aitkin County planning commission's denial of his conditional use permit application first by the county board and then by the district court. 5. Minn.Stat. v. exercised in compliance with the rules and regulations of Aitkin County and the State of Minnesota. Innovative S… § 394.27, subd. At that time, the request was denied on a vote of 3-2. The district court dismissed Shetka's complaint for lack of subject matter jurisdiction, stating that a writ of certiorari was the only available method to obtain judicial review pursuant to Minn.Stat. The answer, evident from the record, is "No." “I think it’s something we have to explore, and just do within our shoreland ordinance to start. The Aitkin County Shoreland Management Ordinance, effective January 1992, authorizes the planning commission to grant or deny applications for conditional use permits. In dismissing Shetka's complaint for lack of subject matter jurisdiction, the district court stated in part: Was bringing an action in the district court a proper method for Shetka to obtain judicial review of the county board's decision? Excerpts are contained in this Guide from the Aitkin County Shoreland Homeowner’s Guide to Lake Stewardship and theCrow Wing County Landowner’s Guide to Lake Stewardship. The model includes the full array of zoning and subdivision regulations for most shoreland management situations. We cannot look away and leave Shetka in such a predicament. An ordinance is the most binding and permanent act of the board and may be repealed or changed only by a subsequent ordinance or amendment thereto. There is no dispute regarding the quasi-judicial nature of the action taken by the Aitkin County Board. That’s going to cover most of them, … The limits On June 27, 1994, the county board denied the permit application. Mesaba Aviation Div. lakes and 300 feet of rivers, creeks, and streams. AITKIN COUNTY ORDINANCE REGARDING THE REGULATION OF YOUTH CAMPS SECTION 1.00 PURPOSE. Minn.Stat.   **Ordinances may be passed by the City Council throughout the year.  The Code of Ordinances will be updated with new and updated ordinances on an annual basis. Reasonable Accommodation Notice The County is an Equal Opportunity Employer. SEPTAGE - Solids and liquids removed during periodic maintenance of an ISTS, or solids and liquids which are removed from toilet waste treatment devices, holding tanks, or privies. except for an approved shoreland alteration (recreation) area. 2. 9 (1994). The Aitkin County Shoreland Management Ordinance, effective January 1992, authorizes the planning commission to grant or deny applications for conditional use permits. For example, there are limits on the size of docks; regulations about con-struction and disturbing land in the shoreland zone (within 1,000 feet of a lake or 300 feet from a river); removal of aquatic plants; placement of wells; and maintenance of This ordinance shall provide for the licensing and hereby recognized by Aitkin County. Bradley C. Rhodes, Aitkin County Attorney, Aitkin, for respondent. Printed copies of the following ordinances are available for inspection by any person during regular office hours at the County Administrator's Office. F. Aitkin County Riprap requires a permit and is only allowed in areas with established erosion problems that cannot be corrected through bioengineering measures. Building Site Plan. Get free access to the complete judgment in EAGLE NESTS TOWNHOME v. AITKIN CTY. Because Shetka followed the mandates of the Shoreland Management Ordinance and would be denied judicial review through no fault of his own if *351 the statutory requirements were applied strictly against him, we reverse and remand. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Shoreland Management Ordinance, section 3.43. During the pendency of his appeal in that court, however, case law proscribing that procedure was released. A guest cottage may not cover more than 700 square feet and not exceed 15 feet in height. § 394.27, subds. Whenever a county board adopts official controls, it must also create a board of adjustment. AITKIN COUNTY, Respondent. SEWAGE - Any water-carried domestic waste, exclusive of footing and roof [2] Neitzel v. County of Redwood, 521 N.W.2d 73 (Minn.App.1994), review denied (Minn. Oct. 27, 1994), and Pierce v. Otter Tail County, 524 N.W.2d 308 (Minn.App.1994), review denied (Minn. Feb. 3, 1995), were released after Shetka appealed to the district court but before the district court heard this matter. alteration activities. Ordinance Citation: Section 1104.3. [3] In Dietz v. Dodge County, 487 N.W.2d 237, 239 (Minn.1992), the supreme court observed: Because it mandates nonintrusive and expedient judicial review, certiorari is compatible with the maintenance of fundamental separation of power principles, and thus is a particularly appropriate method of limiting and coordinating judicial review of the quasi-judicial decisions of executive bodies. Summary of Shoreland Zoning and Platting Standards Frequently Asked Questions. Id. Earthburners, Inc. v. County of Carlton, 513 N.W.2d 460 (Minn.1994) (remanding a conditional use permit application to the county board because the county board had denied the application without articulating the basis for denial), provided that county board decisions may be appealed to the district court, just as the Shoreland Management Ordinance provides. The county responded with a motion to dismiss for lack of subject matter jurisdiction, which the district court granted. Aitkin County Lakes are classified by the DNR as General Development(GD), Recreational Development (RD), or Natural Environment (NE) Lakes. 1. [1] Although the planning commission meeting minutes list the date as March 18, 1994, the trial court's memorandum states that the hearing was held on April 18, 1994. It is best to verify these provisions in your local shoreland ordinance. Variance Application – Signed and Completed. entire length of the riprap, except for an approved shoreland alteration (recreation) area. Pierce v. Otter Tail County, 524 N.W.2d 308, 309 (Minn.App.1994), review denied (Minn. Feb. 3, 1995). Id. Aitkin County Minnesota Building Permit Information. Land ownership in the county is approximately 46 percent private, 34 percent state, 19 percent county, and 1 percent federal. The board of adjustment shall, Minn.Stat. Section 10.2 of Land Use and Zoning Ordinance 439 outlines the requirements for shoreland. Many counties have adopted innovative and even higher standards in their zoning ordinances. The Aitkin County Zoning Ordinance provides that any land use listed as "conditional" in the classification list "shall be permitted only after the approval of a Conditional Use application by the Planning Commission." Funding for this publica-tion was provided by the Minnesota DNR Shoreland Habitat Crow Wing County Ordinances. The district court's concern about the unfairness of the decision it felt compelled to render is evident on the record before us. Because Shetka's operations are within ¼ mile of the closest residence, the new minimum distance requirement effectively forecloses his ability to bring a new application. PLAN on CaseMine. If the district court in this case was correct in observing that "subject matter jurisdiction cannot be conferred upon the courts by consent or waiver," Earthburners would have no continuing viability. Alternatively, by appealing *354 the conditional use permit denial to the district court, as explicitly required by the ordinance, he has suffered the dismissal of that appeal for lack of subject matter jurisdiction. The standards attempt to evaluate your property and building project as it relates to the required setbacks and the intent of the ordinance to protect water quality, habitat and aesthetics. Minn. Stat. REM-Canby, Inc. v. Minnesota Dep't of Human Services, 494 N.W.2d 71, 74 (Minn.App. Resolution of the issue in this case requires examination of both Minnesota statutes and Aitkin County ordinances. While earlier case law was instructive with respect to the rationale behind judicial review by writ of certiorari,[3] it remained *353 for Neitzel and Pierce to apply that rationale specifically to conditional use permits. § 394.27, subd. Shoreland Management Ordinance, section 3.45. 6 (1994). We conclude that Aitkin County waived its right to challenge jurisdiction in this case. § 394.27, subd. Performance & security by Cloudflare, Please complete the security check to access. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Buffer plans must be approved by the SWCD. “Shoreland” means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. Aitkin County Zoning Ordinance [SECTION 1] STATUTORY AUTHORIZATION . The Shoreland Overlay District encompasses areas within 1000 feet of lakes and 300 feet of rivers, creeks, and streams. The application must be made in the name (s) of the operator of the mine and owner of the land to be mined. Could Shetka not have merely submitted a new conditional use permit application? See Minn.Stat. The shoreland rules allow these units as long as the lot size meets the minimum lot size requirements for additional units. Appellant must show the government engaged in affirmative misconduct, rather than simple inadvertence, mistake or imperfect conduct. SECTION 2.00 SCOPE. Aitkin County has an area of about 1.2 million acres of which 113,000 acres is surface water. Id. The shoreland model ordinance may be used by townships, cities and counties in developing new shoreland ordinances or amending existing ordinances consistent with Minnesota Rules 6120.2500 - 6120.3900. We decline to distinguish Earthburners on the grounds that the jurisdiction issue was not raised, but is raised here. We agree with Shetka's argument that the Shoreland Management Ordinance provision directing him to appeal to the county board and then to the district court equitably estops the county's recent embrace of certiorari as the exclusive method of judicial review. A writ of certiorari must be issued within 60 days after the party seeking review received notice of the decision to be reviewed. 5, 6. Foundation, Cass County Environmental Services, and the Association of Cass County Lakes. This Ordinance repeals and replaces all prior zoning ordinances This Ordinance shall be known as the "Zoning Ordinance for Itasca County, Minnesota." 5 (1994). As noted by Neitzel, 521 N.W.2d at 76 n. 1, however, the issue of proper method to obtain judicial review was not raised in Earthburners. The county has publicly announced its intent to adopt a new Mining Ordinance that mandates, in relevant part, a minimum ¼ mile distance between crushing operations and the closest residence. On or about March 24, 1994, Shetka submitted a conditional use permit application for a gravel extraction and crushing operation on property that is zoned as shoreland. Minnesota Statutes Chapter 394 allows counties to carry out planning, development, and zoning activities, including the issuance of conditional use permits. Justia › US Law › Case Law › Minnesota Case Law › Minnesota Court of Appeals Decisions › 2010 › Eagle Nests Townhome Association, Relator, vs. Aitkin County … Aitkin County reserves the right to amend and change responsibilities to meet organizational needs as necessary. This court lacks the authority to extend the time to obtain a writ of certiorari and may not hear an untimely appeal "in the interests of justice." 1 (1994). If the Board of Adjustment grants your variance request, the standards may Considered and decided by HUSPENI, P.J., and KLAPHAKE and WILLIS, JJ. Equitable estoppel is a discretionary matter with the trial court, and it is not freely applied against the government. Another way to prevent getting this page in the future is to use Privacy Pass. Shetka followed the procedures set forth in the Aitkin County Shoreland Management Ordinance by bringing his appeal in the district court. Currently, the four main areas of activities. where you will find a copy of the Aitkin County Shoreland Performance Standards. Applicants will be notified by February 26, 2021. 401.02 The application shall contain the following: On June 27, 1994, the county board denied the permit application. The planning commission denied the request due to a continued violation of the shoreland ordinance and environmental … § 394.27, subd. You may need to download version 2.0 now from the Chrome Web Store. Id. Local ordinances generally address building standards, floodplain regulations, shoreland regulations, shoreland-wetland regulations, and other development issues. George SHETKA, Appellant, § 606.01 (1994). This job description does not constitute an employment agreement between the employer and employee. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Because Earthburners did not address the proper method to obtain judicial review, it must be construed to permit waiver of the right to challenge jurisdiction in cases involving the question of review of quasi-judicial administrative decisions by writ of certiorari as opposed to appeal to the district court. STEARNS COUNTY SHORELAND ORDINANCE REVISIONS Summary Section 10.2 of Land Use and Zoning Ordinance 439 outlines the requirements for shoreland alteration activities. Unlike both the statute and the Zoning Ordinance, the Shoreland Management Ordinance specifically provides that any planning commission decision relative to a conditional use permit may be appealed to the county board which "shall have the same authority as the Planning Commission to deny or authorize issuance of the conditional use permit and to impose restrictions or conditions." In his research, De La Hunt said he likes Aitkin County’s model of interim use permit applications. Aitkin County, Minn., Shoreland Ordinance § 3.4 (1992) governing conditional use permits provides that a permit shall be granted only if the planning commission makes a number of specified findings. § 3.43 (1)-(8). Township of Honner v. Redwood County, 518 N.W.2d 639, 641 (Minn.App. All decisions by the board of adjustment may be appealed to the district court. The county seat, Aitkin, is approximately 126 miles north of Minneapolis-St. Paul and 87 miles west of Duluth. The Shoreland Management Ordinance also provides that the county board's decision may then be appealed "to the district court having jurisdiction by the same persons, departments, boards or commissions who had the right to appeal to the County Board." The Aitkin County Board of Commissioners will be reviewing the COVID Business Relief Grant Awards at the next regular Board meeting held on February 23, 2021. Contact Aitkin County realtors for planning & zoning building information. 1. The language used in the Aitkin County Zoning Ordinance is virtually identical with that used in Minn. Stat. But because the Aitkin County Shoreland Management Ordinance specifically provided that any planning commission decision relative to a conditional use permit may be appealed to the county board, Shetka's appeal came before the county board rather than the board of adjustment. Shoreland Management Ordinance, section 3.43. *350 Timothy R. Thornton, Jack Y. Perry, Briggs and Morgan, P.A., Minneapolis, for appellant. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. of Halvorson of Duluth, Inc. v. County of Itasca, 258 N.W.2d 877, 880 (Minn.1977). The DNR periodically updates an inventory of county and city shoreland regulations that provide better resource protection and administrative practices than the shoreland rules.