Clearwater officials give nod to storage unit expansion

Expansion of a storage business in Clearwater passed a final hurdle, Monday, after village trustees approved a building permit following approximately 10 minutes of discussion, an executive session and another 15 minutes of consideration.

On May 9, 2023, Elkhorn Valley Storage representatives originally applied for and received a building permit for the expansion. According to Bryan Funk, the permit expired since work did not begin within six months of issuance.

The action item was tabled during the board's May 2024 meeting after concerns about property lines were expressed.

Village chairman Kelly Kerkman asked Funk, if a survey had ever been conducted.

Funk said no. "If somebody wants it surveyed, somebody's more than welcome to foot the bill for it."

He presented a geographic information system map of the property, noting, "For our intents and purposes, (it's) close enough."

Expansion plans include the addition of 34 feet on the west end of the current structure. Entry doors to the eastern-most unit will be moved to the south side. A concrete pad on the east side of the building will also be removed, creating greenspace to the property line. The expansion will stay in line with the current building.

Funk said the plans will increase the setback to the property on the east side, owned by Joy Knapp, which is a driveway into property behind the storage units.

She told village officials a survey should take place "to make sure it's not on my land."

Village building codes do not require a survey be completed prior to construction; however, village officials have requested surveys for other land projects.

According to Funk, a survey could cost between $2,000 and $4,000, depending on who conducts the survey.

Village attorney Kyle Peterson suggested he review zoning and code regulations as the meeting progressed.

"I want to see what the village's obligation is," he said.

Later, trustees entered executive session to hear Petersen's legal opinion. Following that session, Kerkman said the property lines on the GIS map are not accurate.

"If I owned that land, I would want a survey," Kerkman said.

Funk responded, "She can survey it, but up until then, I'm not violating any setbacks."

Kerkman made a motion to require a survey before issuance of a building permit.

Funk questioned who will pay the bill.

"If you're going to require a survey, at the minimum, it has to be split between the two landowners."

Trustee Cody Kester asked Knapp if she would be willing to split the cost. She responded no.

Funk said he's met all the requirements for a building permit.

"If you guys want a survey or a survey contingent, you need to pass an ordiance and amend the building code, you reserve the right to a survey. Right now, I'm within all your requirements. I was the last time it was approved," he said.

According to Petersen, a survey would provide information to the board, allowing them to make an informed decision.

"You can only enforce what's on the books," Funk said. "I've offered to meet her halfway and she doesn't want to do that. I've offered a reasonable compromise."

Kester made a motion to approve the permit application, which passed 4-0-1, with trustee Brian King abstaining.