Lake of the Woods County Board of Adjustment/Planning Commission Meeting  7:00 P.M. on February 2, 2022  

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

Approval of Meeting Minutes: January 5, 2021- Motion to approve- Dave/Ken. All in favor.    

Conflict of Interest Disclosure: None  

Board of Adjustment: New Business  

– Consideration of Variance Application #22-02V by Philip Tange: a tract in  Government Lot Three (3), Section Twenty-five (25), Township One Hundred Sixty-two  (162) North, Range Thirty-two (32) West – Parcel ID# 19.25.31.060. Applicant is  requesting a variance from Section 1005 of the Lake of the Woods County Zoning  Ordinance, to sell a portion of property and relocate the boundary line between two  abutting non-conforming lots of record, which will increase the degree of nonconformity  for lot size and width within the shoreland area of the Rainy River. The Rainy River is an  Agricultural River segment. 

Mr. Tange was present to discuss the request. He indicated that he had sold a portion of the  property to the neighboring lot owners in 2018 and now he would just like to continue the line  across the property, while writing himself in a permanent easement to ensure he has legal access  to his property. The board clarified there were several requests with regards to this variance  request that would all be addressed with this one application. The board then moved on to the  findings of fact and decision.  

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? No change in conformity of lots. 

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.  

3. Is the practical difficulty due to circumstances unique to this property?  YES (X) NO ( ) and Why or why not? Lot size and access issues. 

4. Is the need for the variance created by actions other than the landowner?  YES (X) NO ( ) and Why or why not? Access. 

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? Access and lot size. 

Condition(s): 

1. New owner to agree to permanent easement for access. 

2. West lot line to be adjusted by future survey. 

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 1205 of the Lake of the Woods County  Zoning Ordinance.  

APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) Motion to Approve with Conditions- Ken/Monica. All in favor.  

Motion to close Board of Adjustment- Ken/ Dave. All in favor.  

Motion to open Planning Commission- Monica/ Marshall. All in favor.  

Planning Commission: Old Business  

– Consideration of Conditional Use Permit #22-01CU by Jon Meikle: Northwest  quarter (NW ¼) Northwest quarter (NW ¼) of Section Twenty-eight (28), Township One  Hundred Sixty-two (162) North, Range Thirty-two (32) West — Parcel ID# 19.28.22.000.  Applicant is requesting an After-the-fact 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 and more than fifty (50) cubic yards  outside of the shore impact zone of the Lake of the Woods for the purpose of constructing  a private drive. Bostic Creek is a Tributary River segment.  

Planning Commission asked the landowner if they would be willing to table the request until the  board can see what the activity actually looks like. The landowner needs to submit something in  writing to extend the 60 day window. The landowner agreed with the request and said he would  be in to sign the agreement this week. This request has been tabled until spring.  

Planning Commission: New Business 

– Consideration of Conditional Use Permit #22-02CU by Winter Sett Inc. Michael  Herzog: Lot 12, Block 3, Winter Sett Estates of Section nine (9) Township One Hundred  Sixty-two (162) North, Range Thirty-three (33) West – Parcel ID# 18.51.03.120.  Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake  of the Woods County Zoning Ordinance, to cumulatively move more than fifty (50) cubic  yards of material outside of the shore impact zone of Lake of the Woods for the purpose 

of disposing dredged material from an existing inland harbor. Lake of the Woods is a  General Development Lake. 

Mr. Herzog was present to speak on behalf of the request. Essentially, he just wants to clean  out his harbor and then place this spoil material onto a bare lot that he owns just down the  road. He expects to deposit roughly 500 cubic yards of material onto this lot. This has been  done in the past but there was no conditional use permit ever requested. Three letters of  correspondence were read into the record from neighboring landowners in support of Mr.  Herzog’s request. There was an additional letter received from Brent Mason (DNR Area  Hydrologist) in response to the dredging of the harbor itself and not the deposit of material.  The board received copies of all letters in board packets with exception to one received from  a neighbor on the day of the meeting Feb 2, 2022. The board then moved on to the findings  of fact.  

Project Proposal: To allow applicant to cumulatively move more than fifty (50) cubic yards of  material outside the shore impact zone of the Lake of the Woods for the purpose of dredging an  existing inland harbor. Lake of the Woods is a General Development Lake.  

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 ( ) NO ( ) N/A (X) 

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) 

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

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)  

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

7) Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X) 

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

9) Does the project proposal have a reasonable need to be in a shoreland location?  YES ( ) NO ( ) N/A (X)  

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) 

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) 

12) Is the site adequate for water supply and on-site sewage treatment systems?  YES ( ) NO ( ) N/A (X)  

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) 

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) 

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 needed.  

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 ( ) NO ( ) N/A (X) 

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) 

The specific conditions of approval are as follows: None  

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 ( ) Motion to Approve as Presented – Dave/ Marshall. All in favor.  

– Set Date/Time of Training Session 

The board discussed possible dates for training with Scott Anderson – Land Use  Attorney.  

Motion to Adjourn at 7:34PM – Dave/Wes. All in favor.