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City of Nowthen

Planning & Zoning Meeting

Planning & Zoning

Tuesday, May 26, 2026

Agenda

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What was on the agenda.

Packet

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The supporting materials council reviewed.

Minutes

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The official record of what happened.

One-line summary

The Planning and Zoning Commission recommended approval of the Hillukka variance and Viking Estates final plat, closed a prior withdrawn-application hearing item, and then met jointly with the City Council for planning-law training.

Agenda spine

15 items as recorded in the packet and minutes.

  1. PZ-1Call to Order and Pledge of Allegiance

    Call to Order and Pledge of Allegiance at the regular Planning and Zoning Commission meeting.

    Called to order and pledge recited.

    • meeting administration
    No action
    p. 1May 26, 2026 Agenda1. Call to Order and Pledge of Allegiance: 7:00 p.m.p. 1May 26, 2026 Packet1. Call to Order and Pledge of Allegiance: 7:00 p.m.0:01I call the meeting to order and the pledge allegiance. >> I pledge allegiance to the flag of the United States of America and to the

  2. PZ-2Roll Call

    Roll call for the regular Planning and Zoning Commission meeting.

    Roll was taken; the transcript appears to garble several names.

    • meeting administration
    No action
    p. 1May 26, 2026 Agenda2. Roll Call0:27>> Now we'll have the roll call. >> All right. Chair Havelock? >> Here. >> Vice Chair Carroll? >> Here. >> Commissioner Reese? [0:37–0:48] >> Here. >> Commissioner Carlson? >> Present. >> Commissioner Reese? >> Here. >> Commissioner Jorgenson? >> Here. >> Commissioner Hoyem? >> Here. >> Planner Nash? [snorts] >> Here. …

  3. PZ-3Approve/Amend Meeting Agenda

    Approval or amendment of the meeting agenda.

    The agenda was amended to add item 6B to close the prior public hearing for the withdrawn Fahrner application, then approved.

    • meeting administration
    • Fahrner withdrawn application
    Approved
    p. 1May 26, 2026 Agenda3. Approve/Amend Meeting Agenda1:45I think we [1:17–1:30] will add an item 6B on old business to officially close the last public hearing we left open or [1:28–1:39] continued >> [snorts] >> from uh Fahrner's application last month that was withdrawn.1:44Any other amendments? I'll make a motion to approve the amended uh >> [clears throat] [1:53–2:11] >> agenda. Motion from Commissioner Allen >> [cough] >> Second. Second by Commissioner Allen. Allen favor Say I. [2:10–2:27] >> I. >> Any opposed? Motion passes.

  4. PZ-4Approve/Amend Minutes from April 28, 2026 Regular Meeting

    Approval or amendment of the April 28, 2026 regular meeting minutes.

    Approved with a correction stating the public hearing had been closed and only the variance decision continued.

    • meeting administration
    • April 28 minutes
    Approved
    p. 1May 26, 2026 Agenda4. Approve/Amend Minutes from April 28, 2026, Regular Meeting.2:23There was a comment about the first public hearing continued, but we actually closed that. And then continued the [2:47–2:59] variance request decision. So I think that line after the motion on page four [2:56–3:11] need to be corrected. It should say the public hearing was closed and the [3:09–3:22] decision for the v…3:47>> Oh, sorry. Yes, I will make a new motion to include the change for the motion from the previous meeting. The previous minutes from last [3:59–4:11] >> So moved motion to Commissioner Carroll. >> I'll second that. >> Second to Commissioner Carlson. Any discussion? [4:11–4:28] Seeing none, then we'll vote. It is uh Al…

  5. PZ-5Public Hearings

    Public hearings listed on the agenda.

    No public hearings were held under the standing public hearing item.

    • meeting administration
    No action
    p. 1May 26, 2026 Agenda5. Public Hearings4:24Number five, public hearings. We have [4:24–4:39] none, so we'll move on to item 6A.

  6. PZ-6Old Business

    Old Business section of the regular Planning and Zoning agenda.

    The Old Business section contained the Birchwood Lane variance and an added item to close a withdrawn application hearing.

    • 19922 Birchwood Lane variance
    • Fahrner withdrawn application
    No action
    p. 1May 26, 2026 Agenda6. Old Business1:45I think we [1:17–1:30] will add an item 6B on old business to officially close the last public hearing we left open or

  7. PZ-6a19922 Birchwood Lane NW - Variance

    Variance request for 19922 Birchwood Lane NW.

    The Commission recommended approval of the variance with the conditions in the findings, including location, no dwelling or home occupation, deed restriction, septic compliance, barn demolition, expiration, and reimbursement provisions.

    • 19922 Birchwood Lane variance
    Approved with conditions
    p. 1May 26, 2026 Agendaa. 19922 Birchwood Lane NW 1. Variancep. 8May 26, 2026 PacketPaul Hillukka has submitted an application for a variance to permit a new accessory structure on an outlot that they own that is across Birchwood Lane from their home.10:14If not, I guess I'd make a motion to [10:28–10:52] recommend approval based on the uh the items noted under the recommendations. >> So, motion by Commissioner B's [10:55–11:09] to approve as written.11:37Seeing none, I'll call for a vote. All in favor, say "Aye." [11:46–11:58] >> Aye. >> Any opposed? Motion passes.

  8. PZ-6bAdded item 6B - Close public hearing for withdrawn application

    Added Old Business item to close a prior public hearing for a withdrawn application.

    The agenda was amended to close a public hearing left open from a prior withdrawn application; the transcript is garbled about the application name.

    • Fahrner withdrawn application
    Withdrawn
    1:17I think we [1:17–1:30] will add an item 6B on old business to officially close the last public hearing we left open or [1:28–1:39] continued >> [snorts] >> from uh Fahrner's application last month that was withdrawn.11:57All right, so item 16 was added to the agenda for the Bar None [12:09–12:21] public hearing. They went through the application so we successfully close the public hearing and

  9. PZ-7New Business

    New Business section of the regular Planning and Zoning agenda.

    The New Business section contained the Viking Estates final plat.

    • Viking Estates final plat
    No action
    p. 1May 26, 2026 Agenda7. New Business12:18move on to item seven, new business. Um item A, Viking Estates final plat for

  10. PZ-7aViking Estates - Final Plat

    Final plat for Viking Estates.

    The Commission recommended approval of the final plat as laid out in the findings and recommendations.

    • Viking Estates final plat
    Approved with conditions
    p. 1May 26, 2026 Agendaa. Viking Estates 1. Final Platp. 36May 26, 2026 PacketGrant Rademacher is requesting approval of their final plat. The property consists of approximately 44.04 acres and is located at the southwest quadrant of the intersection of Hwy. 47 and CSAH 22.20:59I'll make a motion. >> Motion by Commissioner Perrault. Second motion. >> I'll make a motion to approve the [21:10–21:24] Viking Estates plat to go for final plat as as laid out here in the findings and recommendations.21:21Motion by Commissioner Farrell to approve the Viking Estates final plat as written. Second. Second by Commissioner Beese. [21:35–21:45] Any further discussion? Seeing none, I'll call for a vote. All in favor, say aye. [21:43–21:56] >> Aye. >> Any opposed? Motion passes.

  11. PZ-8Adjournment

    Adjournment of the regular Planning and Zoning Commission meeting.

    The regular Planning and Zoning meeting was adjourned by motion.

    • meeting administration
    Approved
    p. 1May 26, 2026 Agenda8. Adjournment22:07Motion to adjourn. This is record of the meeting. Motion to adjourn by Commissioner Carlson. >> I'll second that. >> Second by Commissioner Farrell. [22:19–22:31] All in favor? Aye. We're adjourned.

  12. JOINT-1Call to Order

    Call to order for the joint meeting following the regular Planning and Zoning Commission meeting.

    The joint meeting was called to order after the regular Planning and Zoning meeting.

    • joint planning education
    No action
    p. 1May 26, 2026 Agenda1. Call to Order: Immediately following regular Planning and Zoning Commission meetingp. 1May 26, 2026 Special Meeting MinutesMayor Hybben called the session to order at 7:24 p.m. The Pledge of Allegiance was recited by all in attendance.22:30All right, so we'll go right back in [22:30–22:45] immediately opening the next meeting, guys. So, welcome. Here's the gavel. Good. We are opening our meeting. We've already done the pledge of allegiance, so we will pass on that at this point.

  13. JOINT-2Roll Call

    Roll call for the joint meeting.

    Roll call was taken; no council members were absent.

    • joint planning education
    No action
    p. 1May 26, 2026 Agenda2. Roll Callp. 1May 26, 2026 Special Meeting MinutesPresent: Mayor Hybben, Council Member Breyen, Council Member Glaser, Council Member Swenson, and Council Member Rainville. Absent: None. Also present: City Clerk Johnson, Attorney Ruppe, Planner Nash, Planning and Zoning Commissioners Haapala, Hoium, Pearo, Lewis, Carlson, Jorgensen, and Bies.

  14. JOINT-3Education presented by City Attorney and City Planner

    Education presented by the City Attorney and City Planner.

    The joint body received training on planning law, records, hearings, variances, CUPs, IUPs, subdivisions, open meeting law, conflicts, and related topics.

    • joint planning education
    Discussion only
    p. 1May 26, 2026 Agenda3. Education presented by City Attorney and City Plannerp. 1May 26, 2026 Special Meeting MinutesCity Attorney Robert Ruppe and City Planner Cindy Nash jointly presented an educational session for the Planning and Zoning Commission and City Council members. The session covered the legal and procedural framework governing land use decision-making in Nowthen.p. 1Basics of Planning PresentationBOB RUPPE, CITY ATTORNEY CINDY NASH, CITY PLANNER BASICS OF PLANNING23:51So To start out Cindy and I divided up the slides just to so you have a little bit of a break between one [24:00–24:11] of us and the other. But we'd like this is very informal.

  15. JOINT-4Adjournment

    Adjournment of the joint meeting.

    The joint meeting was adjourned by motion at 9:02 p.m.

    • joint planning education
    • meeting administration
    Approved
    p. 1May 26, 2026 Agenda4. Adjournmentp. 4May 26, 2026 Special Meeting MinutesMOTION TO BY COUNCIL MEMBER RAINVILLE, SECOND BY COUNCIL MEMBER GLASER TO ADJOURN. The meeting was adjourned at 9:02 p.m.

Issues addressed

What this meeting did about specific topics, organized by issue rather than by document.

  • 19922 Birchwood Lane variance

    The Planning and Zoning Commission recommended approval of Paul Hillukka's variance for an accessory garage on an outlot across Birchwood Lane from his home. The recommendation carried with conditions reflected in the findings, including building in the revised surveyed location, no dwelling or home occupation use, a deed restriction tying the parcels together, septic compliance or remediation before a building permit, demolition of the existing barn before the building permit, expiration language, and reimbursement of city costs.

    Agenda: PZ-6a. Motions: MOTION-3. Speakers: Planner Nash, Paul Hillukka, Commissioner B's, Commissioner Hoyle.

  • withdrawn Fahrner application public hearing

    The Commission amended the agenda to add an Old Business item so it could close a public hearing that had been left open or continued from a prior application that was withdrawn. The transcript is garbled about the application name, but the stated purpose was to formally close the prior hearing after withdrawal.

    Agenda: PZ-6b, PZ-3. Motions: MOTION-1. Speakers: Chair, Commissioner Allen.

  • Viking Estates final plat

    The Commission recommended approval of the Viking Estates final plat, a 14-lot residential subdivision with one outlot near Hwy. 47 and CSAH 22. Staff described remaining comments as technical and recommended approval under the draft findings, including that Outlot A is not buildable at this time, trail easements along internal streets are waived, and city engineer, planner, and county comments must be addressed.

    Agenda: PZ-7a. Motions: MOTION-4. Speakers: Planner Nash, Commissioner Perrault, Commissioner Beese, Grant Rademacher.

  • joint planning education session

    After the regular Planning and Zoning meeting, the City Council and Planning and Zoning Commission held a joint education session led by the city attorney and city planner. The training reviewed comprehensive planning, zoning and subdivision ordinances, quasi-judicial decision-making, bias, the 60-day rule, open meeting law, due process, findings and records, conflicts of interest, subdivisions, variances, conditional use permits, and interim use permits.

    Agenda: JOINT-3. Speakers: Attorney Ruppe, Planner Nash, Mayor Hybben, Council Member Glaser.

  • April 28, 2026 Planning Commission minutes correction

    The Commission approved the April 28, 2026 regular meeting minutes with a correction clarifying that the public hearing had been closed and the decision on the Birchwood Lane variance request, rather than the hearing itself, had been continued to the next meeting.

    Agenda: PZ-4. Motions: MOTION-2. Speakers: Commissioner Carroll, Commissioner Carlson.

Motions and votes

6 motions on the record. Split votes are highlighted.

  • MOTION-1approve the amended uh agenda

    moved by Commissioner Allen, seconded by Commissioner Allen

    Passed

    All in favor; no opposed recorded.

    1:44Any other amendments? I'll make a motion to approve the amended uh >> [clears throat] [1:53–2:11] >> agenda. Motion from Commissioner Allen >> [cough] >> Second. Second by Commissioner Allen. Allen favor Say I. [2:10–2:27] >> I. >> Any opposed? Motion passes.

  • MOTION-2include the change for the motion from the previous meeting. The previous minutes from last

    moved by Commissioner Carroll, seconded by Commissioner Carlson

    Passed

    All in favor; no opposed recorded.

    3:47>> Oh, sorry. Yes, I will make a new motion to include the change for the motion from the previous meeting. The previous minutes from last [3:59–4:11] >> So moved motion to Commissioner Carroll. >> I'll second that. >> Second to Commissioner Carlson. Any discussion? [4:11–4:28] Seeing none, then we'll vote. It is uh Al…

  • MOTION-3recommend approval based on the uh the items noted under the recommendations

    moved by Commissioner B's, seconded by Commissioner Hoyle

    Passed

    All in favor; no opposed recorded.

    10:14If not, I guess I'd make a motion to [10:28–10:52] recommend approval based on the uh the items noted under the recommendations. >> So, motion by Commissioner B's [10:55–11:09] to approve as written.11:37Seeing none, I'll call for a vote. All in favor, say "Aye." [11:46–11:58] >> Aye. >> Any opposed? Motion passes.

  • MOTION-4approve the Viking Estates final plat as written

    moved by Commissioner Farrell, seconded by Commissioner Beese

    Passed

    All in favor; no opposed recorded.

    21:10I'll make a motion to approve the [21:10–21:24] Viking Estates plat to go for final plat as as laid out here in the findings and recommendations. [21:21–21:34] Motion by Commissioner Farrell to approve the Viking Estates final plat as written. Second. Second by Commissioner Beese.21:35Any further discussion? Seeing none, I'll call for a vote. All in favor, say aye. [21:43–21:56] >> Aye. >> Any opposed? Motion passes.

  • MOTION-5Motion to adjourn

    moved by Commissioner Carlson, seconded by Commissioner Farrell

    Passed

    All in favor; no opposed recorded.

    22:07Motion to adjourn. This is record of the meeting. Motion to adjourn by Commissioner Carlson. >> I'll second that. >> Second by Commissioner Farrell. [22:19–22:31] All in favor? Aye. We're adjourned.

  • MOTION-6MOTION TO BY COUNCIL MEMBER RAINVILLE, SECOND BY COUNCIL MEMBER GLASER TO ADJOURN.

    moved by Council Member Rainville, seconded by Council Member Glaser

    Passed
    p. 4May 26, 2026 Special Meeting MinutesMOTION TO BY COUNCIL MEMBER RAINVILLE, SECOND BY COUNCIL MEMBER GLASER TO ADJOURN. The meeting was adjourned at 9:02 p.m.

Money discussed

Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.

  • FIN-1

    Base fee listed on the variance application for 19922 Birchwood Lane.

    fee · Hillukka variance application · FY 2026

    $250

    inflow

    Council approval status: not yet on record.

    p. 14May 26, 2026 PacketBase Fee: $250 Escrow: Obtain from City Planner Total Amt. Due: $2,750 Amt. Paid: $2,750

  • FIN-2

    Total amount due and paid for the variance application for 19922 Birchwood Lane.

    fee · Hillukka variance application total due and paid · FY 2026

    $2,750

    inflow

    Council approval status: not yet on record.

    p. 14May 26, 2026 PacketTotal Amt. Due: $2,750 Amt. Paid: $2,750 CC/Check# 6927

Memory cues and prior history

When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.

  • I think we [1:17–1:30] will add an item 6B on old business to officially close the last public hearing we left open or [1:28–1:39] continued >> [snorts] >> from uh Fahrner's application last month that was withdrawn.

    — Chair

    What this is about
    The Commission recalled a prior withdrawn application and added an item to close the public hearing left open from that earlier meeting.

    1:17I think we [1:17–1:30] will add an item 6B on old business to officially close the last public hearing we left open or [1:28–1:39] continued >> [snorts] >> from uh Fahrner's application last month that was withdrawn.
    Partial matchWe have not matched this to a prior decision yet.

    The resolver has not run for this cue, or the search did not find a strong match in the corpus.

  • There was a comment about the first public hearing continued, but we actually closed that. And then continued the [2:47–2:59] variance request decision.

    What this is about
    The Commission recalled what happened at the April 28 Birchwood Lane variance hearing while correcting the minutes.

    2:38There was a comment about the first public hearing continued, but we actually closed that. And then continued the [2:47–2:59] variance request decision.
    Partial matchWe have not matched this to a prior decision yet.

    The resolver has not run for this cue, or the search did not find a strong match in the corpus.

  • >> Okay. When we did this we did this 7 years ago? 5, 6 years? >> No, less than that. [25:07–25:18] It's been like a dream. >> Yeah, we did this in here. >> Okay. Yeah, yeah. >> Yeah, before. >> No. >> It's been more than that. >> Oh no, it's been more than that. >> Yeah, it has. It was before 2020 my

    What this is about
    Members recalled a prior planning basics training session and discussed when it had last been held.

    24:57>> Okay. When we did this we did this 7 years ago? 5, 6 years? >> No, less than that. [25:07–25:18] It's been like a dream. >> Yeah, we did this in here. >> Okay. Yeah, yeah. >> Yeah, before. >> No. >> It's been more than that. >> Oh no, it's been more than that. >> Yeah, it has. It was before 2020 my
    Partial matchWe have not matched this to a prior decision yet.

    The resolver has not run for this cue, or the search did not find a strong match in the corpus.

  • >> So for those of you who've served longer, uh has Is that something that changed before or is have we just always done it that way? [1:43:13–1:43:26] >> Mhm. Mhm. >> Uh as far as approving the final, I mean >> No. >> would there be interest in making it so the final doesn't have to come back before us?

    What this is about
    The joint body discussed the City's historical practice of sending final plats back to Planning Commission and whether the ordinance should be changed.

    1:43:13>> So for those of you who've served longer, uh has Is that something that changed before or is have we just always done it that way? [1:43:13–1:43:26] >> Mhm. Mhm. >> Uh as far as approving the final, I mean >> No. >> would there be interest in making it so the final doesn't have to come back before us?
    Partial matchWe have not matched this to a prior decision yet.

    The resolver has not run for this cue, or the search did not find a strong match in the corpus.

  • But let me let me use an example from now then, about 15 years ago. Uh [1:26:03–1:26:14] One of the council members at the time was a real estate agent. Harland. Yeah. And everybody And there was a [1:26:10–1:26:25] a rezoning that was before the planning commission and the city council, and it was going to rezone the whole town or this whole city.

    — Attorney Ruppe

    What this is about
    Attorney Ruppe recalled a Nowthen conflict-of-interest example involving a council member who was a real estate agent and a citywide rezoning.

    1:26:03But let me let me use an example from now then, about 15 years ago. Uh [1:26:03–1:26:14] One of the council members at the time was a real estate agent. Harland. Yeah. And everybody And there was a [1:26:10–1:26:25] a rezoning that was before the planning commission and the city council, and it was going to rezone the …
    Partial matchWe have not matched this to a prior decision yet.

    The resolver has not run for this cue, or the search did not find a strong match in the corpus.

Sources

Every document and recording archived for this meeting.

Show a sample of the transcript (720 segments, 2:03:54 total)
  • 0:01 I call the meeting to order and the pledge allegiance. >> I pledge allegiance to the flag of the United States of America and to the
  • 0:12 republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> [clears throat]
  • 0:27 >> Now we'll have the roll call. >> All right. Chair Havelock? >> Here. >> Vice Chair Carroll? >> Here. >> Commissioner Reese?
  • 0:37 >> Here. >> Commissioner Carlson? >> Present. >> Commissioner Reese? >> Here. >> Commissioner Jorgenson? >> Here. >> Commissioner Hoyem? >> Here. >> Planner Nash? [snorts] >> Here. >> Attorney Murphy?
  • 0:47 >> Here. >> Mayor Hibben? >> Here. >> Um we also have a city council present um for the second part of the meeting. So,
  • 0:56 uh Councilmember Wingrove, present. Councilmember Bryan? >> Here. >> Councilmember Glazer? >> Here. >> Councilmember Swanson? >> Here. >> All right. Roll call is complete.
  • 1:05 >> All right. Thank you. Now we'll approve or amend the meeting agenda for tonight's meeting. Uh I think we
  • 1:17 will add an item 6B on old business to officially close the last public hearing we left open or
  • 1:28 continued >> [snorts] >> from uh Fahrner's application last month that was withdrawn.
  • 1:44 Any other amendments? I'll make a motion to approve the amended uh >> [clears throat]
  • 1:53 >> agenda. Motion from Commissioner Allen >> [cough] >> Second. Second by Commissioner Allen. Allen favor Say I.
  • 2:10 >> I. >> Any opposed? Motion passes. We're now going to item four, approve amend meeting minutes from April 28,
  • Showing first 12 segments. Open the YouTube video for the full transcript.

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