To settle a lawsuit against Crow Wing County, the county board agreed Tuesday to approve a final plat south of North Long Lake that would consist of six residential units on 5.45 acres.
The board met in a closed session to discuss the lawsuit brought against it by James Brown, who lives near North Long Lake, regarding Birch Bay Estates First Addition. Brown filed the lawsuit Jan. 7 seeking both a court order compelling the county to approve the final plat and monetary damages.
Kenneth Bayliss, attorney representing the county, said Brown agreed to drop the lawsuit regarding the land use matter; agreed to dump four loads of gravel on the road; and agreed to have no more units built on the property than it had in the current plan in exchange for approval of the final plat. Brown also agreed to drop the monetary damages against the county.
Brown's lawsuit arose from an October 2000 request that the county approve a preliminary plat, a zoning change and a conditional use permit for a planned unit development, said Bayliss. This development is the second phase of a development that Brown began in 1987.
Brown received preliminary approval for the development on Jan. 25, 2001, and the Crow Wing County Planning Commission recommended that the county board rezone the property from agricultural to residential for six lots and green space for an outlot.
Brown then applied for the final plat in December 2001 and the commission tabled the final plat to clarify road standards and to have the Thirty Lakes Watershed review the storm water plan.
On Dec. 17, 2002, the county board denied Brown's request for a rezoning change as recommended by the commission, according to a copy of a summons and complaint filed in court dated Jan. 7. The summons said because of the denial of the zoning change, the final plat application was not addressed.
The county denied the application in December because it had concerns about the width of the roads and based on testimony from residents concerning wetlands.
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