On the agenda: Hermantown Planning & Zoning Meeting — data center (Sep 15)

PLANNING & ZONING COMMISSION
Agenda
September 15, 2026
7:00 PM

1.

ROLL CALL

2.

APPROVAL OF AGENDA

3.
3A.

APPROVAL OF MINUTES
August 18, 2026 regular meeting.

4.
PUBLIC DISCUSSION – Public comment on any item not otherwise listed on the
agenda.
5.
PUBLIC HEARINGS
5A. An application for a Special Use Permit by Dan and Holly Elnes for the purpose of
constructing a 1,632 square foot accessory structure. The property is located at 4218 Ugstad Road
and is located in a R-3, Residential zoning district.
5B.
Zoning Ordinance text amendments by the City of Hermantown amending Chapter 5,
Section 555 SH, Shoreland, of the Hermantown Zoning Ordinance.
6.

CONTINUING BUSINESS

7.

NEW BUSINESS

8.
COMMUNICATIONS
Correspondence: 2026-407 – 2026-430; 2026-432 – 2026-571; 2026-573 – 2026-576; 2026-579
– 2026-580; 2026-585 – 2026-596; 2026-598 – 2026-601; 2026-606 – 2026-636; 2026-638 –
2026-642; 2026-644 – 2026-654; and 2026-656 – 2026-657.
9.

COMMISSION MEMBER REPORTS
Joe Peterson
Corey Kolquist
Beth Wentzlaff
Kevin Hagen
Matthew Fournier
John Stauber
Amanda Radzak
Ryan Johnson

ADJOURN

PLANNING & ZONING COMMISSION
August 18, 2026 Meeting Summary
7:00 PM
1.
ROLL CALL
Members Present:
Joe Peterson; Corey Kolquist; Beth Wentzlaff; John Stauber; Matthew Fournier;
Kevin Hagen; and Ryan Johnson
Members Absent:

Amanda Radzak

Others Present:
Eric Johnson, Community Development Director and David Bolf, City Engineer;
Dawson Wojciuk, Hermantown; Paul Pedersen, Hermantown; Ross Bjorlin, Hermantown, Jeffrey
Donohue, Duluth; and Tom Johnson, Hermantown.
2.
APPROVAL OF AGENDA
Motion made by Corey Kolquist to approve the August 18, 2026 agenda as presented. Seconded by Kevin
Hagen. Motion carried 6-0.
3.
APPROVAL OF MINUTES
Motion made by Matthew Fournier to approve the July 21, 2026 minutes as presented. Seconded by John
Stauber. Motion carried 6-0.
4.

PUBLIC DISCUSSION

5.

PUBLIC HEARING

5A.
An application for a Special Use Permit by Dawson and Jessica Wojciuk for the purpose of
constructing a 2,400 square foot accessory structure. The property is located at 3879 Kenroy Road and is
located in a R-3, Residential zoning district.
Eric Johnson, Community Development Director, presented an application from Dawson and Jessica
Wojciuk to construct a 2,400-square-foot accessory structure at 3879 Kenroy Road. Structures over
1,200 square feet require a Special Use Permit under Section 535.06.5 of the Zoning Ordinance. The
applicants are requesting approval for the proposed structure.
The National Wetland Inventory indicates potential wetlands on the property. A wetland delineation and
proposed impact assessment must be approved by the Hermantown Technical Evaluation Panel before
building or land disturbance permits are issued.
Motion made by Corey Kolquist to approve the application for a Special Use Permit by Dawson and
Jessica Wojciuk for the purpose of constructing a 2,400 square foot accessory structure. The property is

located at 3879 Kenroy Road and is located in a R-3, Residential zoning district. Seconded by Beth
Wentzlaff. Motion carried. 6-0.
5B.
An application for a Special Use Permit by Ross Bjorlin for the purpose of constructing a 2,688
square foot accessory structure. The property is located at 5801 W. Arrowhead Road and is located in a
S-1, Suburban zoning district.
Eric presented to the commission members, that Applicant, Ross Bjorlin, desires to build a 2,688 square
foot accessory structure on a property at 5801 W Arrowhead Road. Construction of an accessory structure
over 2,400 square feet in size is permitted with a Special Use Permit per Section 500.06.5 of the Zoning
Ordinance. The applicant is requesting approval for construction of a 2,688 square foot accessory
structure.
The Applicant is requesting approval to construct a 2,688 square foot accessory building. The accessory
building would be 42 feet by 64 feet in size, with 16-foot sidewalls. The overall height of the proposed
building is approximately 22 feet. The construction type would be slab-on-grade, with metal siding and
roof. The building will be used to house the applicant’s personal belongings and storage of his RV. No
business activity is proposed as part of this use.
Motion made by Ryan Johnson to approve the application for a Special Use Permit by Ross Bjorlin for
the purpose of constructing a 2,688 square foot accessory structure. The property is located at 5801 W.
Arrowhead Road and is located in a S-1, Suburban zoning district. Seconded by John Stauber. Motion
carried. 6-0.
5C.
An application for a Special Use Permit by Paul Pedersen for the purpose of constructing a 3,200
square foot accessory structure. The property is located at 4041 Sangstrom Road and is located in a S-1,
Suburban zoning district.
Eric presented that applicant, Paul Pedersen, desires to build a 3,200 square foot accessory structure on a
property at 4041 Sangstrom Road. Construction of an accessory structure over 2,400 square feet in size
is permitted with a Special Use Permit per Section 500.06.5 of the Zoning Ordinance. The applicant is
requesting approval for construction of a 3,200 square foot accessory structure.
Motion made by John Stauber to approve the application for a Special Use Permit by Paul Pedersen for
the purpose of constructing a 3,200 square foot accessory structure. The property is located at 4041
Sangstrom Road and is located in a S-1, Suburban zoning district. Seconded by Corey Kolquist. Motion
carried. 6-0.
5D.
Zoning Ordinance text amendments by the City of Hermantown amending Chapter 10, Section
1010.04 Flag Lots, of the Hermantown Zoning Ordinance to allow for the administrative review and
approval of flag lot subdivision applications.
Eric presented the zoning amendments to the commission members. Staff is proposing to streamline flag
lot approvals by removing the Planning & Zoning Commission’s required review.
Since 2020, 17 flag lot applications have been submitted and none denied, while P&Z review adds
about four weeks to the process. Under the proposal, adjacent property owners would receive notice and
have 15 days to comment, after which City staff could approve the application.

Page 2

Motion made by Corey Kolquist to approve the text amendments by the City of Hermantown amending
Chapter 10, Section 1010.04 Flag Lots, of the Hermantown Zoning Ordinance to allow for the
administrative review and approval of flag lot subdivision applications. Seconded by Matthew Fournier.
Motion carried. 6-0.
5F.
The City of Hermantown will be conducting a work session to discuss the proposed Google Data
Center. The purpose of the work session is for the Planning and Zoning Commission to ask questions of
the developer in preparation of a potential land use application(s).
6.
CONTINUING BUSINESS
Correspondence 2026-407 – 2026-430; 2026-433 – 2026-487; 2026-489 – 2026-528; 2026-530 – 2026571; 2026-574 – 2026-576; 2026-579 – 2026-580.
7.
NEW BUSINESS
Eric introduced to the commission that representatives from Google will be making a presentation this
evening. Some items to be covered will be the introduction of a Special Use Permit, a Preliminary and
Final Plat and a Wetland Replacement Plan.
Tyler Huebner, Manager for the Central Region Energy Marketing Dev. Team of Google, introduced
himself and handed the presentation over to Brian Wurdeman professional Engineer with Kimly Horn and
his team. Information presented included the following:
• Site selection
• Development process
• Additional land use reviews
• Proposed development/site plan
• Plat
• Building elevations
• Landscaping/screening
• Visualizations
• Grading and stormwater management
• Wetland impacts and mitigation
• Groundwater, water use and wastewater
• Public utilities and road improvements
• Lighting/photometrics
• Noise and noise abatement
• Back-up generators
• Electromagnetic fields
• Traffic and traffic mitigation plan
• Construction phases
• Project comparisons to the AUAR
8.
COMMUNICATIONS
None

Page 3

9.

COMMISSION MEMBER REPORTS
Joe Peterson – None
Beth Wentzlaff – None
Kevin Hagen – None
Matthew Fournier – None
John Stauber – None
Amanda Radzak – Absent
Ryan Johnson – stated he would be absent for the September 15, 2026 meeting but expressed his
support for the proposed data center project

ADJOURN
Motion made by John Stauber to adjourn the meeting. Seconded by Kevin Hagen. Meeting adjourned at
10:36 pm.
Officiated by:

Transcribed by:

Joe Peterson, Chairman

Mary Melde, Administrative Assistant

Page 4

Hermantown Planning Commission
Meeting Date: September 15, 2026
Agenda Item: 5A

5A.

4218 Ugstad Road – Special Use Permit to construct an 1,632 square foot accessory

structure in an R-3 zoning district
Applicant:

Dan and Holly Elnes

Case No.:

2026-48 SUP

Staff Contact:

Eric Johnson, Community Development Director

Request:

Issue a special use permit for construction of an 1,768 square foot accessory
structure and associated driveway in a R-3 zoning district

RECOMMENDED ACTION:
Staff recommends that the Planning Commission recommend approval of the proposed Special Use
Permit for the construction of a 1,768 square foot accessory building for City Council consideration
subject to the attached conditions.
DESCRIPTION OF REQUEST:
The applicants (Dan and Holly Elnes) desire to demolish their existing 790 square foot garage and then
build an 1,768 square foot accessory structure on a property at 4218 Ugstad Road. Construction of an
accessory structure over 1,200 square feet in size is permitted with a Special Use Permit per Section
535.06.5 of the Zoning Ordinance. The applicant is requesting approval for construction of a 1,768
square foot accessory structure.
SITE INFORMATION:
Parcel Size:
Legal Access:
Wetlands:
Existing Zoning:
Airport Overlay:
Shoreland Overlay:
Comprehensive Plan:

+/- 4.75 acres
4218 Ugstad Road
Yes, per the National Wetland Inventory
R-3, Residential
N/A
No
Residential

BACKGROUND
Accessory structures over 1,200 square feet in size are permitted only with a Special Use Permit in the
R-3, Residential Zoning District. The applicant is requesting approval to construct a 1,768 square foot
accessory building which consists of a 768 garage area and an attached 1000 square feet living area.
The living area shows a recreation room, an exercise room, a bathroom, kitchenette area and a sauna.
The applicant has indicated that the living area is for their use only and not intended as an accessory
dwelling unit (ADU), however, should the living space eventually be turned into an ADU, it is within
the maximum allowed living area space of 1,000 square feet. The accessory building would be 32 feet
Hermantown Planning Commission
Meeting Date: September 15, 2026

Agenda Item: 5A
Page 1

by 55’-3” in size, with 9-foot sidewalls. The overall height of the proposed building is approximately
22’-4”. The construction type would be slab-on-grade, with LP/maintenance free siding and asphalt
shingle roof. The building will be used to house the applicant’s personal belongings and vehicles as
well as provide a recreation area for the family. No business activity is proposed as part of this use.
The proposed property is located at 4218 Ugstad Road, and is approximately +/- 4.75 acres in size. The
proposed accessory structure is approximately 160 feet from the nearest neighboring structure and
approximately 52 feet from Ugstad Road.
Section 535.06.5 of the Zoning Ordinance lists the dimensional requirements for accessory structures
in excess of 1,200 square feet. They are:
Table 1. Dimensional requirements
for accessory structures in excess of
1,200 square feet
Minimum depth of front yard from
R.O.W.
Minimum side yard setback
Minimum rear yard setback
Minimum setback from primary
structure
Maximum building height
Maximum sidewall height

R-3 Requirement

Provided

Equal to or greater than
the building line of the
primary structure
Equal to the height of the
accessory structure

+/- 52 feet

Equal to the height of the
accessory structure
10 feet

+/- 870 feet

35 feet
14 feet

22’-4”
9 feet

+/- 100 feet from north
property line

+/- 12 feet

There are several requirements that must be satisfied in order to qualify for a Special Use Permit, from
Section 725 “Governing Criteria” of the Zoning Ordinance.
1. Is the development compatible with development permitted under the general provisions of the
Zoning Ordinance for lands in its vicinity?
There are no significant accessory structures in the vicinity of the property. However, the Zoning
Ordinance allows for 35% lot coverage for structures on a property. With the addition of a 1,768
square foot structure, the property would be at approximately 1.5%.
2. Is the proposed use injurious to the use and enjoyment of the environment, or detrimental to the
rightful use and enjoyment of other property in its vicinity?
The proposed accessory structure will not impact adjacent properties or the community in general.
The accessory structure will allow the owner to improve their property by providing storage for
personal property and vehicles as well as have a recreational room for their family.
3. Is the use consistent with the Comprehensive Plan and the spirit and intent of the Zoning
Ordinance?

Hermantown Planning Commission
Meeting Date: September 15, 2026

Agenda Item: 5A
Page 2

The proposed accessory structure is consistent with Comprehensive Plan recommendations for
residential areas of the City. The Zoning Ordinance allows for up to 35% lot coverage for
structures with the proposed property being at 1.5% coverage after the construction of the
proposed accessory structure. The proposed use meets the performance standards set in Section
535.06.5 regulating accessory structures in excess of 1,200 square feet.
4. Will the use result in a random pattern of development, or cause negative fiscal and
environmental effects upon the community?
The Zoning Ordinance allows for 35% lot coverage for structures on a property. With the addition
of a 1,768 square foot structure, the property would be at approximately 1.5%
5. Are there other criteria of the Zoning Ordinance that should be considered?
The proposed accessory structure shall only be utilized for personal use with no business related
activities permitted.
Wetlands
The National Wetland Inventory shows the potential presence of wetlands on the property at the
eastern portion of the property. The proposed work is within the area of an existing garage, which
will be demolished, so no wetland impacts are anticipated as part of the proposed project.
Summary
The applicant meets the requirements for a Special Use Permit. Staff recommends a motion to
recommend approval of the application to the City Council, subject to included conditions.
Recommendation
Staff recommends approval of the Special Use Permit, subject to the following conditions:
1. The approval is for a 1,768 square foot accessory structure on the property at 4218 Ugstad Road
(395-0070-00665)
2. The proposed accessory structure shall meet all setback requirements for setbacks for Accessory
Structures in the R-3 Zoning District.
3. The proposed accessory structure location is depicted on the approved site plan. If approved by
the Community Development Director, the accessory structure may be placed in other locations on
the site, however the 1,768 square foot accessory building will need to meet the minimum setback
requirements and/or obtain a variance per Section 535.06.5 of the Zoning Ordinance.
4. Erosion control measures shall be utilized and remain in place throughout the construction period
and shall not be removed until vegetation is established on the site.
5. Accessory structures shall not be utilized for any use or activity not otherwise allowed in the zone
district in which such accessory building is to be located.
6. No business activity is allowed in association with the accessory structure approval.
7. The applicant shall sign a consent form assenting to all conditions of this approval.
8. The applicant shall pay an administrative fine of $750 per violation of any condition of this
approval.
ATTACHMENTS
Hermantown Planning Commission
Meeting Date: September 15, 2026

Agenda Item: 5A
Page 3

•
•
•
•

Location Map
Proposed Site Plan
Proposed Structure Image
Proposed Floor Plan

Hermantown Planning Commission
Meeting Date: September 15, 2026

Agenda Item: 5A
Page 4

UGSTAD ROAD

Location Map

LAVAQUE JUNCTION

SITE

ROOSEVELT DRIVE

Elnes residence
Ugstad Road
Hermantown, MN

The homeowner(s) or licensed general contractor shall assume full responsibility for the following: 1.) Completion of all
work in accordance with state and local building codes and ordinances. 2.) Obtain all required building permits prior to
construction. 3.) Provide any necessary engineering work. Beams, columns, and structural members shown on
drawings are for bid purposes only and should be sized by the manufacturer or a qualified structural engineer to insure
the structural integrity of the building. 4.) Verify all plan dimensions prior to the start of the project and before ordering
supplies. 5.) Verify all window and door rough openings and types as specified before ordering units and before the
start of construction. Hiner Home Designs LLC has made every effort in preparing and checking these drawings for
accuracy and is not responsible for any discrepancies that result in error or omission from these drawings. These
drawings have been reviewed and approved by the homeowner(s) or licensed general contractor.

D E SI G N S

(218) 391-7466
[email protected]
hinerhomedesigns.com

review set
4/11/23

construction set
8/14/26

revision 1
9/08/26

Exterior
Elevations/
Wall Section

A2

Elnes residence
Ugstad Road
Hermantown, MN

The homeowner(s) or licensed general contractor shall assume full responsibility for the following: 1.) Completion of all
work in accordance with state and local building codes and ordinances. 2.) Obtain all required building permits prior to
construction. 3.) Provide any necessary engineering work. Beams, columns, and structural members shown on
drawings are for bid purposes only and should be sized by the manufacturer or a qualified structural engineer to insure
the structural integrity of the building. 4.) Verify all plan dimensions prior to the start of the project and before ordering
supplies. 5.) Verify all window and door rough openings and types as specified before ordering units and before the
start of construction. Hiner Home Designs LLC has made every effort in preparing and checking these drawings for
accuracy and is not responsible for any discrepancies that result in error or omission from these drawings. These
drawings have been reviewed and approved by the homeowner(s) or licensed general contractor.

D E SI G N S

(218) 391-7466
[email protected]
hinerhomedesigns.com

review set
4/11/23

construction set
8/14/26

revision 1
9/08/26

Floor Plan/
Foundation/
Windows

A1

Hermantown Planning Commission
Meeting Date: September 15, 2026
Agenda Item: 5B

5B.

Amendments to the City Ordinance regarding Chapter 5, Section 555 – SH, Shoreland
Applicant:

City of Hermantown

Case No.:

2026-42-ZT

Staff Contact:

Eric Johnson, Community Development Director

Request:

Amendments to the City Ordinance regarding Chapter 5, Section 555 – SH,
Shoreland

BACKGROUND
City Staff has worked with the City Attorney to prepare a revised Chapter 5, Section 555 – SH, Shoreland
Ordinance for the City. This work commenced in 2020 per a request from the MN DNR. Due to a change in MN
DNR staff, the revised ordinance work stalled until late 2025 when the MN DNR contacted the City requiring the
updated shoreland ordinance be completed and adopted in 2026. This ordinance is consistent with the model
ordinance provided by the MN DNR and reflects multiple meetings and conversation with MN DNR staff.
The new model ordinance from the MN DNR follows the same general regulatory model but is more robust. A
comparison showing the changes from the current Shoreland Ordinance to the model ordinance follows:
•
•
•
•
•
•
•

It has more definitions;
It includes diagrams and figures;
Includes a section on permit types and when they are required;
Requires notification to the MN DNR for specific work within a shoreland area;
Classification of lakes and streams within the City;
Adds Subdivision platting provisions;
Adds section pertaining to Planned Unit Developments

A key discussion point with the MN DNR has been the adoption of building setbacks associated with rivers and
streams. Currently, the existing ordinance utilizes building setbacks associated with lakes and lakeshore which are
more restrictive then setbacks associated with rivers and streams.
For instance, as currently defined building setbacks for parcels within a Natural Environment Shoreland area are
200 feet for properties with on-site sewage treatment and 150 for properties with public sewer. The MN DNR has
continued to urge the City to continue with the existing setbacks as identified within the existing ordinance and
utilize their classification system once they have completed it. Per the MN DNR, other communities in the state
including Duluth, have the same or in some cases even more restrictive setbacks for rivers and streams, especially
for identified trout streams.
The attached Chapter 5, Section 555 shows the existing language in struck-through red font, with the new proposed
language being shown in red.

Hermantown Planning Commission
Meeting Date: September 15, 2026

Agenda Item: 5B
Page 1

ATTACHMENTS
•
•

Amended Chapter 5, Section 555 – SH, Shoreland with text changes
Amended Chapter 5, Section 555 – SH, Shoreland – clean version

Hermantown Planning Commission
Meeting Date: September 15, 2026

Agenda Item: 5B
Page 2