Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on August 1, 2018 

Chairman Tom Mio opened the meeting at 7:00 pm with the following member present: Scott  Head, Reed McFarlane, Ken Horntvedt, Gerald Levasseur and Dave Marhula. Members absent:  Ed Arnesen. Others present were: Land and Water Planning Director, Josh Stromlund.  

Introductions of Board of Adjustments/Planning Commission members took place. 

Approval of the Agenda:  

M/S/P Horntvedt/Head 

Approval of Meeting Minutes: July 11, 2018 

M/S/P Marhula/Head 

Conflict of Interest Disclosure: 

– None 

Planning Commission: 

Old Business 

– Consideration of Conditional Use Permit Application #18-07CU by S & M  Resorts – Shelia Mayer: Lots 2 & 3, Block 4 of Wheeler’s Point Plat in Section  Nineteen (19), Township One Hundred Sixty-two (162) North, Range Thirty-one (31)  West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID#  

19.52.04.020.Applicant is requesting a Conditional Use Permit as required by Section  401-B of the Lake of the Woods County Zoning Ordinance, to amend a prior  Conditional use permit (15-08CU) that placed a condition – “Valid for S & M Resorts  LLC, d.b.a Wheelers Point Resort” to allow rental cabin to be rented by potential new  owners of what is currently known as Wheelers Point Resort by conducting a commercial business consisting of a transient rental in a Residential District (R1).  The Rainy River is an agricultural river segment. 

Chairman Mio read a letter from Mrs. Mayer dated July 16, 2018 into the record. stating that she  is withdrawing her request for a Conditional Use Permit. 

– Consideration of Conditional Use Permit Application #18-08CU by JRF  Properties, LLC – Alan Fish: Lots 1-5, Block 1, Marina Drive Estates, Section  Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two  (32) West, Lake of the Woods County, Minnesota – Parcel IDs# 19.70.01.010  through 19.70.01.050. Applicant is requesting a Conditional Use Permit as required  by Section 401-D of the Lake of the Woods County Zoning Ordinance, to allow the  operation of a commercial business consisting of a seasonal camping area/RV Park in  a Commercial-Recreation District. The proposed project area is non-shoreland. 

Mio asked Mr. Fish to come to the table and explain his request.

Mr. Fish explained that the County Attorney was going to review the Covenants and  Restrictions, he wasn’t sure if that has taken place yet. He also stated that he sent out proposed  revised Covenants and Restrictions. He has not heard from any other landowners in the  association as of now.  

Discussion ensued between the Board and Mr. Fish. Covenants and Restrictions and zoning were  discussed. Mr. Stromlund informed the Board about zoning and allowable land use in Marina  Drive Estates.  

Mio stated that there were two letters regarding this property and read them into the record. Members of the public expressed concerns to the proposed campground.  

Mio asked the Board if they had any further questions for Mr. Fish, hearing none Mio proceeded  to the Findings of Fact. 

Lake of the Woods County Planning Commission Findings of Fact and Decision 

Name of Applicant: JRF Properties, LLC Date: August 1, 2018 

Location/Legal Description: Lots 1-5, Block 1, Marina Drive Estates, Section Thirty-six (36),  Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, parcel IDs#  19.70.01.010; 19.70.01.020; 19.70.01.030; 19.70.01.040; 19.70.01.050. 

Project Proposal: A Conditional Use Permit, as required by Section 401-D of the Lake of the Woods  County Zoning Ordinance, to create a Planned Unit Development consisting of a seasonal  camping/RV park with twenty-five full hook-ups. 

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? _In County growth corridor and zoned commercial_____________ 

2) Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( x ) NO ( ) N/A ( ) 

Why or why not? _Has to meet State standards_______________________________ 

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? __No change___________________________________________

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? ___Roads exists_________________________________________ 

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

 YES ( x ) NO ( ) N/A ( ) Why or why not? _Zoned commercial, adjoining campground___________________ 

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 ( x ) NO ( ) N/A ( ) Why or why not? __Meet State approval____________________________________ 

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 ( x ) NO ( ) N/A ( ) 

Why or why not? ___Must meet State approval_______________________________ 

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 ( ) NO ( x ) N/A ( ) Why or why not? ___Not required_________________________________________

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? __Will meet State requirements_____________________________ 

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? __On-site parking________________________________________ 

The specific conditions of approval are as follows: Must meet density requirements, must meet Dept.  of Health standards, completed by 12/31/2019. 

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 ( ) August 1, 2018 _____________________________________  Date Tom Mio 

 Chair, Planning Commission 

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.  Motion made by Horntvedt to approve the request with conditions. 

Motion seconded by Marhula. 

All in favor, none opposed. Motion carried.  

With no further items for consideration before the Planning Commission, Mio entertained a  motion to adjourn. 

Adjournment: 

M/S/P McFarlane/Head, meeting adjourned at 8:06 p.m.