Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on January 5, 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- Dave/ Marshall. All in favor.
Approval of Meeting Minutes: November 3, 2021- Motion to approve- Ken/ Dave. All in favor.
Conflict of Interest Disclosure: None
Board of Adjustment: New Business
– Consideration of Variance #22-01V by Doug Trupish: Lots 5, 6, 7, Block 2, East Pine Creek Plat, Section Twenty-nine (29), Township One Hundred Sixty-eight (168) North, Range Thirty-five (35) West — Parcel ID# 02.51.02.050. Applicant is requesting a variance from Section 503.2 of the Lake of the Woods County Zoning Ordinance, to allow a structure that will not meet the required 10-foot lot line setback. Lake of the Woods is a General Development Lake.
Mr. Trupish was unable to attend in person so connected with the board remotely via teleconference. Patrick Onstead was also present to describe the request as the potential purchaser of the lot in question. Doug explained that he intends to sell the southern two lots to Mr. Onstead with the existing shed. As the property sits now the structure is conforming but once the southern lots are sold, the structure would become non-conforming, hence the reason for the variance. The two applicants in which this variance would affect the most are both present and neither party has any objection to the variance. Clarification was provided by the board to a Mr. Bloomquist who had received a letter in regards to the variance, once clarification was given Mr. Bloomquist had no opposition to the request.
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? Existing building
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? Remains Residential
3. Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Existing building and common ownership of multiple lots
4. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Existing building and lots have been under common ownership for a very long time
5. Will granting the variance not alter the essential character of the locality? YES (X) NO ( ) and Why or why not? Will not change.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? Existing building and common ownership Condition(s):
1) This variance applies to the existing 16’ x 20’ structure only
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-Dave/ Marshall. All in favor.
Motion to close Board of Adjustment- Ken/ Nancy. All in favor.
Motion to open Planning Commission- Ken/ Marshall. All in favor.
Planning Commission: New 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.
At the site visit yesterday it was difficult for the board members to understand or see what was going on with the snow cover. The board would like to request the applicant to table this request until at least May/June. The applicant was not present at the meeting so no further discussion could occur.
Motion to table request until next meeting or until Spring if the applicant agrees- Dave/ Monica. All in favor.
Motion to Adjourn at 7:37PM – Marshall/ Nancy. All in favor.