Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on February 2, 2022
Tom Mio opened the meeting at 7:00 pm with the following members present: Tom Mio, Nancy Dunnell, Ken Horntvedt, Marshall Nelson, Monica Dohmen, Wes Johnson and Dave Marhula. Others present were: Land and Water Planning Director Josh Stromlund.
Introductions of Board of Adjustments/Planning Commission members took place.
Approval of the Agenda: Motion to approve agenda-Marshall/Wes. All in favor.
Approval of Meeting Minutes: January 5, 2021- Motion to approve- Dave/Ken. All in favor.
Conflict of Interest Disclosure: None
Board of Adjustment: New Business
– Consideration of Variance Application #22-02V by Philip Tange: a tract in Government Lot Three (3), Section Twenty-five (25), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.25.31.060. Applicant is requesting a variance from Section 1005 of the Lake of the Woods County Zoning Ordinance, to sell a portion of property and relocate the boundary line between two abutting non-conforming lots of record, which will increase the degree of nonconformity for lot size and width within the shoreland area of the Rainy River. The Rainy River is an Agricultural River segment.
Mr. Tange was present to discuss the request. He indicated that he had sold a portion of the property to the neighboring lot owners in 2018 and now he would just like to continue the line across the property, while writing himself in a permanent easement to ensure he has legal access to his property. The board clarified there were several requests with regards to this variance request that would all be addressed with this one application. The board then moved on to the findings of fact and decision.
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:
1. 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? No change in conformity of lots.
2. 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? No change.
3. Is the practical difficulty due to circumstances unique to this property? YES (X) NO ( ) and Why or why not? Lot size and access issues.
4. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Access.
5. Will granting the variance not alter the essential character of the locality?
YES (X) NO ( ) and Why or why not? No change.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? Access and lot size.
1. New owner to agree to permanent easement for access.
2. West lot line to be adjusted by future survey.
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 1205 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) Motion to Approve with Conditions- Ken/Monica. All in favor.
Motion to close Board of Adjustment- Ken/ Dave. All in favor.
Motion to open Planning Commission- Monica/ Marshall. All in favor.
Planning Commission: Old Business
– Consideration of Conditional Use Permit #22-01CU by Jon Meikle: Northwest quarter (NW ¼) Northwest quarter (NW ¼) of Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West — Parcel ID# 19.28.22.000. Applicant is requesting an After-the-fact Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards outside of the shore impact zone of the Lake of the Woods for the purpose of constructing a private drive. Bostic Creek is a Tributary River segment.
Planning Commission asked the landowner if they would be willing to table the request until the board can see what the activity actually looks like. The landowner needs to submit something in writing to extend the 60 day window. The landowner agreed with the request and said he would be in to sign the agreement this week. This request has been tabled until spring.
Planning Commission: New Business
– Consideration of Conditional Use Permit #22-02CU by Winter Sett Inc. Michael Herzog: Lot 12, Block 3, Winter Sett Estates of Section nine (9) Township One Hundred Sixty-two (162) North, Range Thirty-three (33) West – Parcel ID# 18.51.03.120. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance, to cumulatively move more than fifty (50) cubic yards of material outside of the shore impact zone of Lake of the Woods for the purpose
of disposing dredged material from an existing inland harbor. Lake of the Woods is a General Development Lake.
Mr. Herzog was present to speak on behalf of the request. Essentially, he just wants to clean out his harbor and then place this spoil material onto a bare lot that he owns just down the road. He expects to deposit roughly 500 cubic yards of material onto this lot. This has been done in the past but there was no conditional use permit ever requested. Three letters of correspondence were read into the record from neighboring landowners in support of Mr. Herzog’s request. There was an additional letter received from Brent Mason (DNR Area Hydrologist) in response to the dredging of the harbor itself and not the deposit of material. The board received copies of all letters in board packets with exception to one received from a neighbor on the day of the meeting Feb 2, 2022. The board then moved on to the findings of fact.
Project Proposal: To allow applicant to cumulatively move more than fifty (50) cubic yards of material outside the shore impact zone of the Lake of the Woods for the purpose of dredging an existing inland harbor. Lake of the Woods is a General Development Lake.
1) Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( ) Why or why not? Recreational use.
2) Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( ) NO ( ) N/A (X)
3) Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES ( ) NO ( ) N/A (X)
4) Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover? YES ( ) NO (X) N/A ( ) Why or why not? Raise spoil area.
5) Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X)
6) Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (X) NO ( ) N/A ( ) Why or why not? No change.
7) Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X)
8) Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( ) Why or why not? No change.
9) Does the project proposal have a reasonable need to be in a shoreland location? YES ( ) NO ( ) N/A (X)
10) Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( ) NO ( ) N/A (X)
11) Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance? YES ( ) NO ( ) N/A (X)
12) Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X)
13) Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( ) NO ( ) N/A (X)
14) If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES ( ) NO ( ) N/A (X)
15) Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties? YES ( ) NO (X) N/A ( ) Why or why not? Not needed.
16) If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES ( ) NO ( ) N/A (X)
17) If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( ) NO ( ) N/A (X)
The specific conditions of approval are as follows: None
The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:
Approved as Presented (X) Approved with Conditions ( ) Denied ( ) Motion to Approve as Presented – Dave/ Marshall. All in favor.
– Set Date/Time of Training Session
The board discussed possible dates for training with Scott Anderson – Land Use Attorney.
Motion to Adjourn at 7:34PM – Dave/Wes. All in favor.