LAND & WATER
August 6, 2025
Lake of the Woods County Board of Adjustment/Planning Commission Meeting
7:00 P.M. on August 6, 2025
Ken Horntvedt opened the meeting at 7:00 pm with the following members present: Tim Nordlof, Tom Mio, Ken Horntvedt, Wes Johnson and Dave Marhula. Others present were Land and Water Planning Director Josh Stromlund. Absent was Marshall Nelson and Nancy Dunnell.
Introductions of Board of Adjustments/Planning Commission members took place.
Approval of the Agenda: Marhula / Johnson. All in favor.
Approval of Meeting Minutes: July 2, 2025 – Motion to approve – Marhula/Nordlof. All in favor. Conflict of Interest Disclosure: None.
Board of Adjustment – New Business
– Consideration of Variance Application #25-05V by Brian and Bonnie Johnson: Lot 12, Auditor’s Plat Number 3, Section Six (6), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) – Parcel ID# 31.52.00.120. Applicant is requesting a variance from Section 503.5 of the Lake of the Woods County Zoning Ordinance to allow the following:
- An addition to the current dwelling which will not meet the required 100-foot setback from the Ordinary High-Water Level (OHWL) of the Rainy River.
- Construction of a 32’x40’ garage which will not meet the required 50-foot setback from the Right-of-Way (ROW) of Highway 11 and will not meet the required 100-foot setback from the OHWL of the Rainy River.
- Construction of an 18’x32’ garage which will not meet the required 50-foot setback from the Right-of-Way (ROW) of Highway 11 and will not meet the required 100-foot setback from the OHWL of the Rainy River.
- Construction of a septic system that certain components may not meet the required 100- foot setback from the OHWL of the Rainy River.
Brian Johnson was in attendance to discuss the request and answer questions from the board. The board discussed the information in the application. The board then moved on to the findings of fact.
Name of Applicant: Brian & Bonnie Johnson Date: August 6, 2025 Parcel #: 31.52.00.120 Variance
Application #: 25-05V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
- Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Rural residential.
- Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? Remain the same.
- Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Lot size, Highway 11 and Rainy River.
- Is the need for the variance created by actions other than the landowner?
YES (X) NO ( ) and Why or why not? Lot size.
- Will granting the variance not alter the essential character of the locality?
YES (X) NO ( ) and Why or why not? Remain the same.
- Does the practical difficulty involve more than economic considerations?
YES (X) NO ( ) and Why or why not? Lot size.
Condition(s):
- Setbacks as per sketch provided in application.
- Dimensions of buildings as per sketch provided in application.
- Removal of buildings as proposed in application
- To be completed by 12-31-2027.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) August 6, 2025 ___________________________________ Date Ken Horntvedt, Chair, Board of Adjustment
Motion to approve with conditions by Mio, seconded by Johnson. All in favor.
– Consideration of Variance Application #25-06V by Eugene and Laurie Mollberg : The East Half of the Northeast Quarter (E½NE¼) less a tract in the Northwest corner, Section Fifteen (15), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West (Wabanica) – Parcel ID# 23.15.11.000. Applicant is requesting a variance from Section 801.5 of the Lake of the Woods County Zoning Ordinance and Sections 5.6 and 5.8 of the Lake of the Woods Subsurface Sewage Treatment System Ordinance, to allow the applicant to install a holding tank for a seasonal hunting cabin with a pressurized water system.
Eugene was in attendance to discuss the request and answer questions from the board. The board discussed the information in the application. The board then moved on to the findings of fact.
Name of Applicant: Eugene Mollberg Date: August 6, 2025
Parcel #: 23.15.11.000 Variance Application #: 25-06V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
- Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Rural residential.
- Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? Minimal usage.
- Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Minimal usage.
- Is the need for the variance created by actions other than the landowner?
YES (X) NO ( ) and Why or why not? Minimal usage.
- Will granting the variance not alter the essential character of the locality?
YES (X) NO ( ) and Why or why not? Remain the same
- Does the practical difficulty involve more than economic considerations?
YES (X) NO ( ) and Why or why not? Infrequent use.
Condition(s):
- Valid pumper contract required.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) August 6, 2025 ___________________________________ Date Ken Horntvedt, Chair, Board of Adjustment
Motion to approve with conditions by Marhula, seconded by Mio. All in favor.
– Consideration of Variance Application #25-07V by John and Patricia Tombers: A tract of land lying in Government Lot One (1) and in the Southeast Quarter of the Northwest Quarter (SE¼NW¼), Section Twenty-eight (28), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) – Parcel #24.28.21.030. Applicant is requesting a variance from Section 503.5 to allow placement of a septic pump tank that will not meet the required 100-foot setback from the Ordinary High-Water Level (OHWL) of the Rainy River. The Rainy River is an Agricultural River segment.
Leroy Stigen was in attendance representing the Tombers to discuss the request and answer questions from the board. The board discussed the information in the application. The board then moved on to the findings of fact.
Name of Applicant: Gregg Hennum (John and Patricia Tombers) Date: August 6, 2025 Parcel #: 24.28.21.030 Variance Application #: 25-07V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
- Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Residential water quality.
- Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? Residential.
- Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Setbacks and building location.
- Is the need for the variance created by actions other than the landowner?
YES (X) NO ( ) and Why or why not? Setbacks and building location.
- Will granting the variance not alter the essential character of the locality?
YES (X) NO ( ) and Why or why not? Remain the same.
- Does the practical difficulty involve more than economic considerations?
YES (X) NO ( ) and Why or why not? Water quality and building locations.
Condition(s): None.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) August 6, 2025 ___________________________________ Date Ken Horntvedt, Chair, Board of Adjustment
This is in accordance with the Lake of the Woods County Zoning Ordinance
Motion to approve with conditions by Mio, seconded by Marhula. All in favor.
Mio made a motion to close the Board of Adjustment meeting, seconded by Nordlof. All in favor. Mio made a motion to open the Planning Commission meeting, seconded by Marhula. All in favor. Planning Commission – New Business
– Consideration of Conditional Use Permit #25-05CU by Buell Consulting, Inc. on behalf of Lake Area Construction, Inc.: The Southeast Quarter of the Southwest Quarter of the Southwest Quarter (SE¼SW¼SW¼), Section Twenty (20), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID#19.20.31.000. Applicant is requesting a Conditional Use Permit as required by Section 401-C of the Lake of the Woods County Zoning Ordinance, to operate a commercial communications tower in a Rural Residential District (R2).
Stromlund noted a recent conversation with Buell Consulting and that there is a site issue yet to be resolved. Therefore, the request has been tabled until a future date. No action required.
With no further business before the Planning Commission, Mio made a motion to adjourn, seconded by Johnson. All in favor. Meeting adjourned at 7:43 PM.