Lake of the Woods County Board of Adjustment/Planning Commission Meeting 

7:00 P.M. on February 5, 2025 

Marshall Nelson opened the meeting at 7:00 pm with the following members present: Marshall Nelson, Tom  Mio, Nancy Dunnell, and Dave Marhula. Absent were Monica Dohmen, Wes Johnson and Ken Horntvedt.  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 move Kasella ahead of Lundbohm – Mio/Marhula. All in favor. Approval of Meeting Minutes: January 8, 2025 – Motion to approve – Dunnell/Mio. All in favor.  Conflict of Interest Disclosure: None. 

Board of Adjustments – New Business 

– Consideration of Variance Application #25-01V by Newell Glines, Kathleen Glines,  Michael Lange, and Stephanie Anderson: Lot 3, Block 1, Wabanica Bay Plat in Section  Twelve (12), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West (Wabanica) – Parcel ID# 23.50.01.030. Applicant is requesting a variance from Section 503.5 of  the Lake of the Woods County Zoning Ordinance to allow the replacement of an existing garage,  addition to said garage and house that will not meet the required ten (10) foot lot line setback.  The Rainy River is an Agricultural River Segment. 

There was no one representing this request present at the meeting. 

Motion made by Dunnell to table the request until a future meeting, seconded by Mio. All in favor. 

– Consideration of Variance Application #25-02V by James Dahl: Lot 4, Block 1, Harris  Addition in Section Nineteen (19), Township One Hundred Sixty-two (162) North, Range  Thirty-one (31) West (East of Wheeler) – Parcel ID# 19.63.01.040. Applicant is requesting a  variance from Sections 503.2 and 603 of the Lake of the Woods County Zoning Ordinance to  allow the replacement of an existing structure with a new structure at less than the required 75- foot setback from the Ordinary High-Water Level of Lake of the Woods and allow a deck to be  constructed greater than the 15% of the structure setback. Lake of the Woods is a General  Development Lake. 

Brett Dahl was representing James Dahl 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. There were 5  letters of correspondence recognized by the Board. 

Name of Applicant: James Dahl Date: February 5, 2025 Parcel #: 19.63.01.040 Variance Application #: 25-02V 

A variance may be granted only where the strict enforcement of county zoning controls will result in 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? Zoned 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? Remains residential. 

3. Is the practical difficulty due to circumstances unique to this property? 

YES (X) NO ( ) and Why or why not? Lot/plat size. 

4. Is the need for the variance created by actions other than the landowner?  

YES (X) NO ( ) and Why or why not? Lot size 

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? Lot size. 

Condition(s):  

1. Must maintain minimum 10-foot setback from lot lines. 

2. Deck size no larger than 10 feet toward water. 

3. No closer to the lake than the previous structure. 

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. 

Motion made by Marhula to approve the request with conditions and seconded by Dunnell. All in favor, motion  passed as presented. 

APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) 

 January 8, 2025 _____________________________________ Date Marshall Nelson 

 Vice Chair, Planning Commission 

Mio made a motion to close the Board of Adjustment meeting, seconded by Marhula. All in favor. Mio made a motion to open the Planning Commission meeting, seconded by Marhula. All in favor. Planning Commission – New Business

– Consideration of Conditional Use Permit Application #25-01CU by Rob Kasella (Brent  Fredrickson Agent): A tract in Government Lot Three (3), Section Seventeen (17), Township  One Hundred Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.17.24.030  (For Reference Only). Applicant is requesting a Conditional Use Permit as required by Section  401.B of the Lake of the Woods County Zoning Ordinance to allow a commercial use consisting  of a private winter ice fishing access road to Lake of the Woods in a Residential Development  Zoning District (R1). Lake of the Woods is a General Development Lake. 

Brent Fredrickson and Rob Kasella were in attendance 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. The applicants wanted to note that Mike Bubalo and Louis Taylor were in attendance and were in favor of the  request.  

Name of Applicant: Robert Kasella Date: February 5, 2025 

Location/Legal Description: A tract in Government Lot Three (3), Section Seventeen (17), Township One Hundred  Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.17.24.030 (For Reference Only). 

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.B of the Lake of the Woods  County Zoning Ordinance to allow a commercial use consisting of a private winter ice fishing access road to Lake of the  Woods in a Residential Development 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? Lake access. 

2) Is the project proposal consistent with maintaining public health, safety, and welfare? 

YES ( ) NO ( ) N/A (X) 

Why or why not?  

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? Graceton Beach Road. 

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

9) Does the project proposal have a reasonable need to be in a shoreland location? YES (X) NO ( ) N/A ( ) Why or why not? Lake access. 

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) Why or why not?  

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 ( ) NO ( ) N/A (X) Why or why not?  

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 ( ) N/A (X) 

Why or why not?  

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) 

Why or why not?  

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) Why or why not?  

The specific conditions of approval are as follows: 

1. Termination upon sale or transfer unless sold to Brent Fredrickson (Agent) 

2. No parking equipment or houses (ice).

3. A single four (4) foot x eight (8) foot sign is allowed. 

4. No parking on County Road 4. 

5. Must comply with the Solid Waste Ordinance. 

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 ( ) 

 February 5, 2025 _____________________________________ Date Marshall Nelson 

 Vice Chair, Planning Commission 

Motion made by Mio to approve the request with conditions and seconded by Dunnell. All in favor,  motion passed with conditions. 

This is in accordance with the Lake of the Woods County Zoning Ordinance 

– Consideration of Interim Use Permit #25-01IU by Andrew and Rachel Lundbohm: Lot  Two (2), Block Two (2) of Angle Outpost Acres in Section Twenty-six (26), Township One  Hundred Sixty-eight (168) North, Range Thirty-four (34) West (Angle) – Parcel ID#  02.57.02.020. Applicant is requesting an Interim Use Permit as required by Section 1106 of the  Lake of the Woods County Zoning Ordinance to operate a short-term vacation rental in a Rural  Residential Development Zoning District (R2). Lake of the Woods is a General Development  Lake. 

Rachel and Andrew Lundbohm were called at their home 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: Andrew & Rachel Lundbohm Date: February 5, 2025 Location/Legal Description: Lot Two (2), Block Two (2), Angle Outpost Acres Parcel Number: 02.57.02.020 

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? Tourism/Air BNB. 

2) Is the project proposal consistent with maintaining 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? See 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? County Road/Dawson Road. 

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? Residential traffic. 

6) Has the applicant adequately addressed how parking is to be addressed on the property? YES (X) NO ( ) N/A ( ) 

Why or why not? Onsite/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 (X) N/A ( ) 

Why or why not? None. 

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? 4 

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? See app. 

11) Are the quiet hours reasonable in relation to the project proposal’s location? YES (X) NO ( ) N/A ( ) Why or why not? See application. 

The specific conditions of approval are as follows (Check all that are applicable to this request):  

X 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. Additional Conditions 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 ( ) Approved with Conditions (X ) Denied ( ) 

 February 5, 2024 _____________________________________ Date Marshall Nelson 

 Vice Chair, Planning Commission 

Motion made by Mio to approve the request with conditions and seconded by Marhula. All in favor,  motion passed with conditions. 

This is in accordance with the Lake of the Woods County Zoning Ordinance 

With no further business before the Planning Commission, Mio made a motion to adjourn and seconded by  Dunnell. All in favor, meeting adjourned at 7:47 PM.