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April 6, 2022

LAND & WATER

April 6, 2022

Lake of the Woods County Board of Adjustment/Planning Commission Meeting  7:00 P.M. on April 6, 2022  

Tom Mio opened the meeting at 7:00 pm with the following members present: Tom Mio, Nancy  Dunnell, Ken Horntvedt, Monica Dohmen, Wes Johnson, and Dave Marhula. Absent Member:  Marshall Nelson. 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-Ken/Monica. All in favor.    

Approval of Meeting Minutes: March 2, 2021- Motion to approve- Dave/Wes. All in favor.    

Conflict of Interest Disclosure: None  

Board of Adjustment: No New Business  

Planning Commission: New Business 

– Consideration of Conditional Use Permit #22-06CU by Twin Island Sleepers:  Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township  One-hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID#  17.03.21.000. Applicant is requesting a Conditional Use Permit as required by Section  401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the  storage of more than five (5) fish houses and commercial winter ice fishing equipment, in  a Rural Residential Zoning District (R2).  

Denton Rose was present to discuss the request. He has most of his fish houses presently stored  on site but would like to move them more to the east once a new culvert get placed this summer.  He would like to put some gravel down and would like to place two signs on the property. The  original application only listed 25 houses, but applicant said he would like to change that to up to  100 houses due to the popularity of the wheel houses. The board indicated that if the applicant  wanted to allow them to stay in those houses over the summer that would need to be permitted  separately as a campground. The applicant indicated that he would want a 5 acre pad to store the  houses and would keep the access points gated with a code padlock. The board also  acknowledged receipt of a correspondence with a neighboring property owner who had questions  that got answered by the Land and Water Planning Office staff. With no other members of the  public present the board moved on to the findings of fact and decision.  

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? Out of view fish house storage  

2) Is the project proposal consistent with maintaining the public health, safety, and  welfare? YES ( ) NO ( ) N/A ( X ) Why or why not?  

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 ) Why or why not?  

4) Will the project proposal not adversely affect the site’s existing topography, drainage  features, and vegetative cover? YES ( X ) NO ( ) N/A ( ) Why or why not? Remove some vegetative cover only  

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 ) Why or why not?  

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 ( ) NO ( ) N/A ( X ) Why or why not?  

7) Is the site in harmony with existing and proposed access roads?  

 YES ( X ) NO ( ) N/A ( ) Why or why not? Adjacent to County Road 11  

8) Is the project proposal compatible with adjacent land uses?  

 YES ( X ) NO ( ) N/A ( ) Why or why not? Rural Residential (R2) Zoning District 

9) Does the project proposal have a reasonable need to be in a shoreland location?   YES ( ) NO ( ) N/A ( X ) Why or why not?  

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 ) Why or why not?  

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 ) Why or why not?  

12) Is the site adequate for water supply and on-site sewage treatment systems?  YES ( ) NO ( ) N/A ( X ) Why or why not?  

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 ) Why or why not? 

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 ) Why or why not?  

15) Will there be fencing and/or other screening provided to buffer the project proposal from  adjacent properties?  

 YES ( X ) NO ( ) N/A ( ) Why or why not? Vegetative to road and to the east; Every access to be gated  

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 ( X ) NO ( ) N/A ( ) Why or why not? Requesting two (2) 4’x8’ signs 

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 ( X ) NO ( ) N/A ( ) Why or why not? No parking on site needed 

The specific conditions of approval are as follows:  

1.) Limited to one-hundred (100) Fish house units – can include wheel houses 

2.) No habitation  

3.) Must maintain fifty (50) foot natural vegetative buffer beyond the road right of way and  on east side of the property 

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 ( ) Approved with Conditions ( X ) Denied ( ) Motion to approve with conditions – Dave/Wes. All in favor.  

– Consideration of Conditional Use Permit #22-07CU by The Guide Shack: Part of  Government Lot five (5) being part of Outlot A of Brush Island according to the plat  thereof on file in the office of the County Recorder. – Parcel ID# 03.51.50.014 in Section  Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three  (33) West. Applicant is requesting a Conditional Use Permit as required by Section 401.C  of the Lake of the Woods County Zoning Ordinance to allow commercial use of the  property consisting of a short-term transient rental property, in a Rural Residential  Zoning District (R2). Lake of the Woods is a General Development Lake.  

Bruce Baumgartner and Andy Lundbohm were present to discuss the request. They are fishing  guides at the Northwest Angle and would like a location to rent to their customers as well as others who have their own boats, or snowmobiles/winter houses for year-round rental. The cabin  currently has one dock and is getting a second dock this summer to allow for 4 boats to be able to  be parked there. They are unsure of how much capacity their current septic system has, but  indicated they would be willing to add on to get the system up to the capacity they desire, at least  10 people, but would like to ask for a maximum of 12 people. There was no as built submitted  when the system was installed so LWPO needs records indicating tank capacity and the size of  the mound to determine what the system gallons per day was designed for. The board  acknowledged the receipt of letters from neighboring property owners Jacob and Kelly Mertens,  Chris Caskey, Gary and Cathy Caskey, and Linda Kingery. The applicants also mentioned that  Wi-Fi was available in the rental and cell phone coverage worked as long as the renters had  Verizon cell service. The board then moved on to findings of fact and decision.  

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 ( X ) NO ( ) N/A ( ) Why or why not? No change  

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 )  Why or why not?  

4) Will the project proposal not adversely affect the site’s existing topography, drainage  features, and vegetative cover? YES ( ) NO ( ) N/A ( X ) Why or why not?  

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 ) Why or why not?  

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 ( ) NO ( ) N/A ( X ) Why or why not?  

7) Is the site in harmony with existing and proposed access roads?  

 YES ( X ) NO ( ) N/A ( ) Why or why not? Lake access only 

8) Is the project proposal compatible with adjacent land uses?  

 YES ( X ) NO ( ) N/A ( ) Why or why not? Residential 

9) Does the project proposal have a reasonable need to be in a shoreland location? 

 YES ( X ) NO ( ) N/A ( ) Why or why not? Vacation rental- water orientated 

10) Is the amount of liquid waste to be generated reasonable and the proposed sewage  disposal system adequate to accommodate the project proposal?  

 YES ( X ) NO ( ) N/A ( ) Why or why not? Occupancy to be limited to septic inspection  

11) Will the visibility of structures and other facilities as viewed from public waters  comply with Section 901 of the Zoning Ordinance? YES ( X ) NO ( ) N/A ( )  Why or why not? No change  

12) Is the site adequate for water supply and on-site sewage treatment systems?  YES ( X ) NO ( ) N/A ( ) Why or why not? See #10 for septic – new well adequate  

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 ( X ) NO ( ) N/A ( ) Why or why not? Building a second dock  

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 ) Why or why not?  

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? Must mark property lines  

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 ( X ) NO ( ) N/A ( ) Why or why not? One sign approximately 2’x3’  

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 ) 

Why or why not?  

The specific conditions of approval are as follows: 

1.) Quiet time from 10PM to 8AM 

2.) Occupancy to be based on septic size to a maximum of 12 people  

3.) Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional  capacity 

4.) Contact information must be provided for complaints, emergencies, and septic 

5.) Conditional Use Permit expires on sale of property  

6.) Meet all MDH guidelines 

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 ( ) Approved with Conditions ( X ) Denied ( ) Motion to approve with conditions Dave/ Nancy. All in favor.  

Motion to Adjourn at 8:13PM – Monica/Ken. All in favor.