LAND & WATER
August 7, 2024
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on August 7, 2024
Ken Horntvedt opened the meeting at 7:00 pm with the following members present: Monica Dohmen, Ken Horntvedt, Dave Marhula, Wes Johnson and Marshall Nelson. Others present were Land and Water Planning Director Josh Stromlund. Tom Mio and Nancy Dunnell were absent.
Introductions of Board of Adjustments/Planning Commission members took place.
Approval of the Agenda: Motion to approve – Marhula/Johnson. All in favor.
Approval of Meeting Minutes: July 3, 2024- Motion to approve –Nelson/Marhula. All in favor. Conflict of Interest Disclosure: None.
Planning Commission – New Business
– Consideration of Variance #24-03V by Zachary and Kristi Hasbargen: A tract of land located in the SE¼SE¼ of Section Fifteen (15), Township One Hundred Sixty (160) North, Range Thirty-one (31) West (Spooner) – Parcel ID# 30.15.41.000. Applicant is requesting a variance from Section 503.6 of the Lake of the Woods County Zoning Ordinance to allow the construction of a structure at less than the required 100- foot setback from the Baudette River. The Baudette River is a Tributary River segment.
Kristi Hasbargen was present at the meeting to discuss the request and answer questions from the board. The board discussed the information in the application. The board then moved on to the findings of fact.
Name of Applicant: Kristi Hasbargen Date: August 7, 2024 Parcel #: 30.15.41.000 Variance Application #: 24-03V
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? Rural Residential.
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? No change in use of property.
3. Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Meandering portion of Baudette River.
4. Is the need for the variance created by actions other than the landowner?
YES (X) NO ( ) and Why or why not? Meandering portion of Baudette River.
5. Will granting the variance not alter the essential character of the locality?
YES (X) NO ( ) and Why or why not? No change.
6. Does the practical difficulty involve more than economic considerations?
YES (X) NO ( ) and Why or why not? Meandering portion of Baudette River.
Condition(s): None.
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 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED (X) APPROVED w/ CONDITIONS ( ) DENIED ( )
August 7, 2024 ___________________________________ Date Ken Horntvedt
Chair, Board of Adjustment
Motion made by Nelson to approve the request with conditions and seconded by Dohmen. All in favor, motion passed as presented.
Motion to close the Board of Adjustment made by Nelson, 2nd by Johnson. All in favor, passed. Motion to open Planning Commission made by Dohmen, 2nd by Marhula. All in favor, passed.
– Consideration of Interim Use Permit #24-04IU by Christopher and Ashley Olson: Lot Three (3), Block One (1), Turgeon Estates in Section Twenty (20), Township One-hundred Sixty-one (161) North, Range Thirty-one (31) West (Baudette) – Parcel ID# 24.60.01.030. Applicant is requesting an Interim Use Permit as required by Section 401.B of the Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Residential Development Zoning District (R1).
Chris Olson was present at the meeting to discuss the request and answer questions from the board. The board discussed the information in the application. The board then moved on to the findings of fact.
Name of Applicant: Christopher and Ashley Olson Date: August 7, 2024 Location/Legal Description: Lot Three (3), Block One (1), Turgeon Estates Parcel Number: 24.60.01.030
Project Proposal: Applicant is requesting an Interim Use Permit, as required by Section 401.B of the Lake of the Woods County Zoning Ordinance, to operate a short-term vacation rental in a Residential Zoning District (R1).
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 growth corridor.
2) Is the project proposal consistent with maintaining the public health, safety, and welfare? This includes the following items:
• Safe drinking water or other approved alternatives • Smoke/carbon monoxide alarms • Compliant septic system and sized accordingly • Fire extinguisher(s)
• Emergency contact list of numbers • Egress windows
• Evacuation plan and fire safety protocols
YES (X) NO ( ) N/A ( )
Why or why not? Per application.
3) Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? Residential.
4) Is the site in harmony with existing and proposed access to the property? YES (X) NO ( ) N/A ( ) Why or why not? Public road, Noble Drive.
5) Will the project proposal increase traffic to and from the site? If so, has the applicant adequately demonstrated how the increased traffic is to be addressed? YES ( ) NO (X) N/A ( ) Why or why not? No change.
6) Has the applicant adequately addressed how parking is to be addressed on the property? YES (X) NO ( ) N/A ( )
Why or why not? Per application.
7) Is fencing and/or screening needed to buffer the project proposal from adjacent properties? YES ( ) NO ( ) N/A (X)
Why or why not? ___________________________________________________________________
8) 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 ( ) NO ( ) N/A (X)
Why or why not? ___________________________________________________________________
9) What is the maximum number of occupants and is this reasonable for the project proposal’s location? YES (X) NO ( ) N/A ( )
Why or why not? 6 people.
10) Are the proposed periods of use and operation reasonable in relation to the project proposal’s location? YES (X) NO ( ) N/A ( )
Why or why not? Per application.
11) Are the quiet hours reasonable in relation to the project proposal’s location? YES (X) NO ( ) N/A ( ) Why or why not? Per application.
The specific conditions of approval are as follows (Check all that are applicable to this request): The interim use permit terminates five (5) years from the date of approval or upon sale or transfer of the property, whichever occurs first.
X The septic system is sized for the maximum occupancy identified in the application.
X The maximum occupancy is limited to the identified number in the application.
X The established quiet hours are as identified in the application. X A valid Certificate of Compliance for the septic system is required.
X No on street parking is allowed.
X If applicable, applicant must meet the Minnesota Department of Health requirements.
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 7, 2024 _____________________________________ Date Ken Horntvedt
Chair, Planning Commission
This is in accordance with the Lake of the Woods County Zoning Ordinance
Motion made by Marhula to approve the request with conditions and seconded by Nelson. All in favor, motion carried.
– Consideration of Conditional Use Permit #24-03CU by Thomas Flaherty: Lot Six (6), Block One (1), Rivards River Acres, Section Eight (8), Township One Hundred Sixty (160) North, Range Thirty (30) West (Gudrid) – Parcel ID# 31.56.01.060. Applicant is requesting a 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 of the Rainy River for river access. The Rainy River is an Agricultural River segment.
As Tom Flaherty was not present at the meeting, motion was made by Nelson to table the request until the next meeting, 2nd by Johnson. All in favor, motion carried.
With no further business before the Planning Commission, Dohmen made a motion to adjourn and seconded by Nelson. All in favor, meeting adjourned at 7:42 PM.