Planning panel denies bluff dirt‑moving variance, sends Clearwater Point preliminary plat to county board with conditions

The Crow Wing County Planning Commission on April 16 denied a variance request to allow dirt moving within a bluff impact zone tied to a proposed driveway for the Clearwater Point second edition preliminary plat and recommended approval of the preliminary plat to the county board with amended findings and conditions.

Chair Rebecca Best opened the hearing on the Cobble Crest Properties LLC application, and staff described two requests: a variance to allow dirt moving in a bluff impact zone and a four‑lot preliminary plat for property on Clearwater Lake. Staff noted an earlier hearing on March 19, revised driveway alignments, and township comments recommending denial because of safety and long‑term bluff stability concerns.

Attorney Brad Pson and land surveyor Tyler Pereiraba told the commission the applicants revised the design so the driveway would connect into existing access and that net earthwork had been reduced from prior submittals. Staff and the applicant clarified several volumes cited in materials: earlier packet numbers listed 65 cubic yards, engineering plans showed net earthwork of 24 cubic yards, and the parties agreed the current total project dirt moving was 55 cubic yards for the full proposal.

Bay Lake Township chair Don Hails and nearby property owners Steve Lindamman and John Northrup testified in opposition, citing past slides on the bluff, limited sight lines at the proposed access, concerns for pedestrian and ATV safety, emergency vehicle access and increased impervious surface and runoff. Lindamman presented photographs to show steep topography, mature trees that stabilize the slope, and argued the new alignment would require more clearing and likely retaining work not shown on the plans.

Highway department staff (Matt) said the revised alignment was an improvement from the highway perspective versus a prior proposal that pushed access further north, but he did not perform a site inspection of sight lines. Planning commissioners repeatedly noted the ordinance’s bluff‑impact protections and the county soil and water conservation district’s input showing the area’s sensitivity.

Commissioner discussion centered on whether legal access to the proposed lots could be achieved via an easement across lot two instead of cutting into the bluff; staff said adequate legal access is required prior to final plat. After deliberation, a motion to deny the dirt‑moving variance carried. The commission then revised the preliminary‑plat findings to reflect the denied variance and moved to recommend approval of the preliminary plat to the county board with the packet’s five conditions and the amended findings.

Next steps: The planning commission forwarded the recommended preliminary plat to the county board for final action, with a requirement that the applicants show legal access for Lot 1 (via recorded easement or other documentation) before the final plat is approved. The denied variance remains in the record; any future proposal that materially changes the design would require return to the commission.