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August 7, 2019

LAND & WATER

August 7, 2019

Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on August 7, 2019 

Tom Mio opened the meeting at 7:00 pm with the following member present: Scott Head, Ken  Horntvedt, Reed McFarlane, Dave Marhula, Marshall Nelson, and Wes Johnson. 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 – M/S/P Head/Horntvedt 

Approval of Meeting Minutes: July 10, 2019 

M/S/P Marhula/Head 

Conflict of Interest Disclosure: 

None 

Board of Adjustment – New Business 

– Consideration of Variance #19-09V by Morris Point Lake View Lodge: A tract  in Government Lots 4 and 5, Section Sixteen (16), Township One Hundred Sixty-two  (162) North, and Range Thirty-Two (32) West, Parcel ID# 19.16.23.000. Applicant is  requesting a variance as required by Section 503.2 of the Lake of the Woods County  Zoning Ordinance, to replace an existing structure at less than a seventy-five (75) foot  setback to the OHWL of Lake of the Woods, and less than the required fifty (50) foot  setback from the road right-of-way of 42nd Avenue NW. Lake of the Woods is a  General Development Lake. 

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

Mr. Holte explained that he would like replace an old building with a new one. He explained that  he would like to keep the building the same as it currently is as one side as a cabin and one side  as a storage shed. 

Mr. Holte explained that if he got approval for the building that he would move the building five  feet farther away from the ordinary high-water level. 

Discussion ensued between Mr. Holte and the Board. The board asked questions regarding about  where the road right of way is located. Discussion then turned to that a portion of 42nd Ave NW  may have to be abandoned to verify that the building is not located in the right of way.  Discussion then turned to what Mr. Holte can do without a variance. 

Land and Water Planning director Josh Stromlund mentioned that the building could be located  within the right of way and that the board should use caution about granting a variance for a  structure that they don’t know if it is within the right of way or not.

The board then discussed tabling the request till the next meeting to allow for the Lake of the  Woods County Highway department to survey the right of way near the building and also for the  county board to considered abandoning a portion of 42nd NW.  

Motion made by Marhula to table the request until the next meeting. 

Motion seconded by Nelson. 

All in favor, motion passed. 

With no further business for the Board, Mio entertained a motion to adjourn the Board of  Adjustments.  

Motion made by Horntvedt to close Board of Adjustment. 

Motion seconded by Marhula. 

All in favor, motion passed. 

Mio opened the Planning Commission meeting. 

Planning Commission – New Business 

– Consideration of Conditional Use Permit #19-09CU by Scott Wold: A tract of  land in the NE¼ of the SE¼, Section Twenty-one (21), Township One Hundred  Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.21.13.020. Applicant  is requesting a Conditional Use Permit as required by Section 401A of the Lake of the  Woods County Zoning Ordinance, to allow the applicant to develop an area for the  construction of a 40’ x 60’ dwelling structure with a mound septic system in an area  that is zoned as Special Protection (SP). 

Mio asked Mr. Wold to come to the table. 

Mio asked Land and Water Planning Director Josh Stromlund how the meeting should proceed with the meeting. 

Land and Water Director stated that he had prepared a note to be read into the record. Mio Read  the note into the record. The note stated that based on legal advice obtained that the Land and  Water Planning office should not of accepted a Conditional Use Permit for a use that is not  allowed by the use table for a special protection district located in the Lake of the Wood County  Zoning Ordinance. 

Discussion ensued between Mr. Wold and the Board. Mr. Wold outlined his timeline of the  process to obtain the property and attempt to obtain all of the required permits.  The Board then gave Mr. Wold the option to apply for a zone change on the property.

Discussion then ensued between the board and Mr. Wold. 

Mio then asked if anybody in attendance had a comment. Carl Olson stated that he was not in  favor of the request and that his neighbor Jared Martinson also was not in favor as well. 

Discussion between the Board and Mr. Wold to outlined the procedure that Mr. Wold would  need to go through to apply for the Zone Change. 

Mio asked the Board for their recommendation. 

The board stated that if there are 2 sites for a standard septic system and he went through the  zone change process and all of the requirements for a zone change are met that they would  recommend the request to the county board. 

Mio then proceeded to the next request. 

– Consideration of Conditional Use Permit #19-10CU by Nels Holte: Lots 5 and 6,  Block 6, Morris Point Estates Subdivision in Section Twenty (20), Township One  Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.69.06.050,  19.69.06.060. Applicant is requesting a Conditional Use Permit as required by  Section 401D of the Lake of the Woods County Zoning Ordinance, to operate a  Commercial Planned Unit Development in an area that is zoned as Commercial  Recreation. 

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

Mr. Holte explained that he would like to construct a 4-plex commercial planned unit  development with transient rental of the structure or long-term rental of the structure. 

Discussion ensued between Mr. Holte and the Board. The board asked questions regarding how  the sewage would be handled for the structure. Discussion then turned to why a conditional use  permit is need for a parcel that is zoned as commercial. 

Mike Reed then stated his frustrations with the need for a conditional use permit on  commercially zoned property.  

Discussion between the board member then stated the need for commercial property to go  through the conditional use process when a commercial planned unit development is proposed on  a parcel. 

Planning Commission member Reed McFarlane made a motion to proceed to the findings of  fact. 

Lake of the Woods County Planning Commission 

Findings of Fact and Decision

Name of Applicant: Nels Holte Date: August 7, 2019 

Location/Legal Description: Lot 5 and 6, Block 6, Morris Point Estates, Section Twenty (20),  Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, parcel ID#  19.69.06.050, 19.69.06.060 

Project Proposal: A Conditional Use Permit, as required by Section 401-D of the Lake of the  Woods County Zoning Ordinance, to create a Commercial Planned Unit Development consisting  of a 4-plex transient rental cabin. 

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? Development plan. 

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

Why or why not? To meet state regulations. 

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? Will 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? Already exists. 

8) Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( ) Why or why not? Commercial area/zoned commercial. 

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? New system to meet state and county specs. 

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? To meet state and county specs.  

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? 4’ x 8’ proposed. 

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 county road and on site parking. 

The specific conditions of approval are as follows: _____________________________________ 

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 ( ) 

August 7, 2019 _____________________________  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 Marhula to approve as Presented. 

Motion seconded by Nelson. 

All in favor, motion passed. 

With no further business for the Commission, Mio entertained a motion to adjourn the Board  of Adjustment.  

Adjournment: M/S/P McFarlane/Head 

The above is not a verbatim transcript, only a summary of what transpired, a complete  version has been recorded digitally and upon request can be copied for individuals  requesting a copy of the proceedings.