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Board previews December agenda and an upcoming appeal of staff decision on Jenkins Township plat
Summary
Staff told the board an attorney will appeal a staff decision about buildability of a Jenkins Township lot; the board discussed appeal standards under Minnesota Statute 394 and the December schedule including an ordinance public hearing and additional variances/permits.
Near the end of the Nov. 20 meeting staff previewed items for the Dec. 18 Planning Commission meeting and alerted the board to an upcoming appeal of a staff decision involving a plat in Jenkins Township on Delta Bay where Pine River enters Whitefish. Staff said county board minutes from 1971 indicate certain lots in Block 2 were intended as access and not buildable; an attorney representing the buyer will argue otherwise. Staff explained the appeal standard under Minnesota Statute 394 — whether staff acted arbitrarily and capriciously or failed to follow the ordinance — and said the appellant and county staff will present briefs and testimony at the public hearing.
Staff also previewed that the December packet will include multiple variances, conditional use permits, land‑use map amendments and a preliminary plat, and reminded board members about on‑site visits on Dec. 4. Board members discussed how to interact with public commenters and how findings of fact are documented for potential appeal.
The board did not take formal action on the previewed appeal at the Nov. 20 meeting; staff will circulate briefs and a draft memo with proposed findings ahead of the hearing.
