LAND & WATER
August 3, 2022
Lake of the Woods County Board of Adjustment/Planning Commission Meeting
7:00 P.M. on August 3, 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, Marshall Nelson, 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 –Ken/Monica. All in favor. Changed order
Approval of Meeting Minutes: July 6, 2022- Motion to approve- Dave /Nancy. All in favor.
Conflict of Interest Disclosure: None.
Planning Commission: New Business
– Consideration of Zone Change #22-04ZC by Nels Holte: Government Lot Three (3), Section Seventeen (17), Township One hundred Sixty-two North (162), Range Thirty-two West (32) with Parcel ID# 19.17.24.010. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of continued development of the property.
Mr. Holte explained the need for the zone change request due to previous development that occurred on the property decades ago. He is proposing to have an attached garage to the current structure.
Name of Applicant: Nels Holte Date: August 3, 2022 Location/Legal Description: Government Lot 3 Section 17, T. 162N, R. 32W
Current Zoning Classification: Special Protection (SP) Proposed: Rural Residential (R2) Parcel Number(s): 19.17.24.010 Application Number: 22-04ZC
The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan? X Yes ___No Comments: Currently residential
2. Are the existing surrounding land uses consistent with the proposed zoning classification? X Yes ___No Comments: Additional residential in area
3. Will the zone change alter the characteristics of the neighborhood?___Yes X No
Comments: No change
4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?___Yes X No
Comments: No change
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?___Yes X No
Comments: No change
6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?___Yes X No
Comments: No change
7. Has there been a change in the development in the general area of the property in questions?___Yes X No Comments: No change
8. Will the zone change have a negative effect on property values in the neighborhood?___Yes X No Comments: No change
Conditions: Homeowner should consider a permanent ring dike/rip rap/breakwater to encircle structure and septic system
Motion by Horntvedt to approve, with conditions, the request zone change by Holte.
The motion was 2nd by Marhula, all in favor. Motion passes.
– Consideration of Lake of the Woods County Zoning Ordinance Revisions
o Articles X – XI (Ten – Eleven)
Stromlund discussed upcoming need to get Floodplain Ordinance approved prior to October 27 in order for homeowners to be able to continue getting flood insurance. Articles 10 – 11 of the Zoning Ordinance were discussed including minor changes in order to simplify reading of the ordinance. Sections 101-107 had no questions from the group. Section 108 has minor tweaking regarding conveying property. Administrative and Minor Subdivision language was mentioned. Recording of surveys within a
given timeframe was discussed as there are several old surveys that never got recorded that people try to convey and can’t. Timeframe was suggested as one year. Discussion was stopped as the Hayden party joined the meeting.
– Consideration of Zone Change #22-01ZC by Jennice Hayden: Southwest quarter (¼) of the Northeast quarter (¼) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID# 06.07.13.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
– Consideration of Zone Change #22-02ZC by Jennice Hayden: Southeast quarter (¼) of the Northwest quarter (¼) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID# 06.07.24.000. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
– Consideration of Zone Change #22-03ZC by Jennice Hayden: Southwest quarter (¼) of the Northwest quarter (¼) in Section Seven (7), Township One-hundred sixty-seven (167) North, Range Thirty-three (33) West- Parcel ID# 06.07.23.000.
Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
Mrs. Hayden described the property and how she hopes to add several small cabins for her children to be able to visit. Access to the property would be from the Allen Trail. Logging trails are common in the angle and Hayden has no concerns about future access to the property as old logging trails are sufficient. The Hayden’s had hired the DNR to accompany them to the property in order to assess the land. Their initial plans are for a two-story cabin and then spread out from there. Marhula recommended that the Planning Commission only allow a zone change on one parcel at a time which has historically been done and the Hayden family agreed it should be the parcel furthest to the west. Marhula recommended the group move to the findings of fact on that particular parcel. The Planning Commission decided to do the findings in the order of: 22-03ZC, 22-02ZC and then 22-01ZC.
Name of Applicant: Jennice Hayden Date: August 3, 2022 Location/Legal Description: SW¼NW¼ Section 7, T. 167N, R. 33W
Current Zoning Classification: Special Protection (SP) Proposed: Rural Residential (R2)
Parcel Number(s): 06.07.23.000 Application Number: 22-03ZC
The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan? X Yes ___No Comments: Recreational use
2. Are the existing surrounding land uses consistent with the proposed zoning classification?X Yes ___No Comments: Mostly state land and tribal land
3. Will the zone change alter the characteristics of the neighborhood?___Yes X No
Comments: Limited residential use
4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?___Yes X No
Comments: No change
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?___Yes X No
Comments: None
6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?___Yes X No
Comments: No change
7. Has there been a change in the development in the general area of the property in questions?___Yes X No Comments: None
8. Will the zone change have a negative effect on property values in the neighborhood?___Yes X No Comments: No change
Conditions:
1) All buildings must follow all property setbacks
2) Any septic system must be approved
Motion by Dohmen to approve, with conditions, the request zone change by Holte.
The motion was 2nd by Marhula, all in favor. Motion passes.
Name of Applicant: Jennice Hayden Date: August 3, 2022 Location/Legal Description: SE¼NW¼ Section 7, T. 167N, R. 33W
Current Zoning Classification: Special Protection (SP) Proposed: Rural Residential (R2)
Parcel Number(s): 06.07.24.000 Application Number: 22-02ZC
The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?___Yes X No Comments: No plan for the property submitted
2. Are the existing surrounding land uses consistent with the proposed zoning classification? X Yes ___No Comments: No change
3. Will the zone change alter the characteristics of the neighborhood?___Yes X No
Comments: No change
4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?___Yes X No
Comments: No change
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?___Yes X No
Comments: None
6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?___Yes X No
Comments: No change
7. Has there been a change in the development in the general area of the property in questions?___Yes X No Comments: No change
8. Will the zone change have a negative effect on property values in the neighborhood?___Yes X No Comments: No change
Motion by Dohmen to deny the requested zone change.
The motion was 2nd by Horntvedt, all in favor. Motion passes.
Name of Applicant: Jennice Hayden Date: August 3, 2022 Location/Legal Description: SW¼NE¼ Section 7, T. 167N, R. 33W
Current Zoning Classification: Special Protection (SP) Proposed: Rural Residential (R2) Parcel Number(s): 06.07.13.000 Application Number: 22-01ZC
The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?___Yes X No Comments: No plan submitted
2. Are the existing surrounding land uses consistent with the proposed zoning classification? X Yes ___No Comments: No change
3. Will the zone change alter the characteristics of the neighborhood?___Yes X No
Comments: No change
4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed?___Yes X No
Comments: No change
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?___Yes X No
Comments: None
6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district?___Yes X No
Comments: No change
7. Has there been a change in the development in the general area of the property in questions?
___Yes X No
Comments: No change
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes X No
Comments: No change
Motion by Nelson to deny the requested zone change.
The motion was 2nd by Dunnell, all in favor. Motion passes.
– Consideration of Lake of the Woods County Zoning Ordinance Revisions
o Articles X – XI (Ten – Eleven)
Discussion resumed with completion of the Hayden requests. Plats will need to have the preliminary completed within a one-year time frame. Then there is a 45-day window until final plat is recorded. Road right of way will be changing to 80’. Tiers along shoreland language was simplified to two tiers. Density for resort PUD’s is changing to a square footage percentage of impervious surface rather than number of structures. This will be for new resorts only. Setbacks will also be increased for new resorts. Conversions to Residential PUD’s requires residential standards for density. Enforcement of ordinance was mentioned as something we continue to try to improve.
A Septic Inspection requirement upon sale or transfer was removed due to discussion about the available number of inspectors and installers in the county. Cost of inspections was also noted as a concern to adding such language.
Motion to Adjourn at 8:50 PM- Monica/Nancy. All in favor.