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Planning commission backs rescinding 1994 code and recommends new Sherburne County zoning ordinance and updated map
Summary
After a year-long rewrite, planning staff presented a consolidated zoning ordinance (proposed Ordinance 292) and corresponding official zoning map (Ordinance 298). The commission recommended rescinding the 1994 ordinance and adopting the new ordinance and map, citing clearer findings, reduced variances and updated shoreland and hamlet districts.
The Sherburne County Planning Commission on Wednesday voted to recommend that the County Board rescind the county’s 1994 zoning ordinance and adopt a new, consolidated zoning ordinance and an updated official zoning map.
Planning staff said they have worked on the rewrite for about a year, circulated draft changes to townships and incorporated feedback. "We've been working on this for a year," staff said, noting line-item summaries of proposed changes were provided to townships and that Palmer Township submitted additional comments. Staff told commissioners they would accept further input but were seeking the commission’s recommendation to forward the draft to the County Board.
The rewrite includes housekeeping, changes to setbacks in shoreland areas, new environmental performance standards intended to address runoff and water quality, and a new Hamlet district intended to align industrial and commercial boundaries where appropriate. Staff said one goal of reduced setbacks in certain nonconforming lots is to cut back on the number of variances brought to the Board of Adjustment.
Commission members and Board of Adjustment representatives discussed simplifying the Board of Adjustment’s findings-of-fact language, which previously listed 11 complex questions tied to variance practical-difficulty determinations. Staff and the BOA agreed to restructure those questions to match the five key criteria in state statute, and staff said they may add an explicit finding about adequate sewage, though county subdivision and septic ordinances already address septic requirements.
A commissioner raised concerns about defining permeable pavers as "impervious" in the draft ordinance and urged staff to review the Minnesota stormwater manual. Staff responded that the county used DNR model shoreland and flood-plain language; "the DNR's stance is no, we still view that as an impervious surface," staff said, adding that the MPCA manual allows some reductions while the DNR has expressed concern about long-term maintenance turning engineered permeable surfaces effectively impervious. Staff noted a local hydrologist, James Bedell, remains open to variance requests for credit.
The commission moved and seconded a motion to rescind Sherburne County Zoning Ordinance No. 002 (adopted July 5, 1994) and recommend adoption of proposed Ordinance No. 292; the motion passed. Commissioners also moved and passed a recommendation to adopt the updated official zoning map (Ordinance No. 298) to align district boundaries with the new ordinance. Both recommendations will go to the Sherburne County Board on July 14 for final action.
