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Commission approves common-interest plat at Delwood Drive to allow sale of individual units
Summary
The Planning Commission approved preliminary and final plats creating a common-interest community at 15770 Delwood Drive so units can be sold individually, adding a CC&R condition to prohibit on-street parking on Delwood Drive.
The Brainerd Planning Commission voted to approve a combined preliminary and final plat to create a common-interest community (CIC) at 15770 Delwood Drive. The change will allow individual units within a multi-unit development to be sold to separate owners and expand potential uses beyond mini-storage provided they meet building, fire and zoning requirements.
Staff said the site previously received a conditional use permit (Feb. 21, 2023) to construct a mini-warehouse facility and that building construction began in 2024. The CIC plat was presented so that each unit could be sold for different commercial uses allowed in the industrial zoning district, subject to building-code and fire-marshal review. James Krambick said the site, site stormwater and erosion control plans were prepared by Widseth and approved by the city engineer.
Staff recommended and the commission added a condition requiring the declaration of covenants, conditions and restrictions (CC&Rs) to prohibit parking on Delwood Drive, a narrow street that Baxter controls. City staff and the fire marshal also explained that any unit owner seeking a different use would need appropriate governmental approvals and building-permit review to ensure fire, building and utility code compliance.
A public commenter (identified in the record as a nearby resident) urged specific language in the CC&Rs requiring regular maintenance and testing of on-site private septic and well systems—pumping schedules and periodic water testing—because those on-site systems do not receive BPU utilities. The speaker suggested written schedules to ensure future owners do not neglect septic pumping or well testing; staff agreed such a provision could be added and offered to work with the applicant to craft appropriate language.
One commissioner recused themself at the start of the agenda item, citing involvement in the project; the recusal was noted on the record. The commission approved the plat with the no-parking CC&R provision; staff said building permits and fire- and building-official reviews would govern specific uses of individual units going forward.
