LAND & WATER
July 1, 2020
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on July 1, 2020
Tom Mio opened the meeting at 7:00 pm with the following member present: Dave Marhula, Scott Head, Reed McFarland, Marshall Nelson, Wes Johnson and Ken Horntvedt. Others present were: Land and Water Planning Director Josh Stromlund, Nathaniel and Peter Brown.
Introductions of Board of Adjustments/Planning Commission members took place.
Approval of the Agenda:
Motion to approve agenda – M/S/P Horntvedt/Head
Approval of Meeting Minutes: June 6, 2020 – M/S/P Marhula/Nelson
Conflict of Interest Disclosure:
Board of Adjustment – New Business
– Consideration of Variance #20-03V by Dennis Sobolik: Lot 2, Block 1, Boundary Commission Plat No. 1 in Section Eight (8), Township One Hundred Sixty-three (163) North, Range Thirty-four (34) West. Applicant is requesting a variance from Section 503.2 of the Lake of the Woods County Zoning Ordinance to allow an addition that will not meet the required seventy-five (75) foot setback from Lake of the Woods. Lake of the Woods is a General Development Lake.
Mio ask if Mr. Sobolik was present. Kelly Plaine introduced himself and indicated he was the representative for Mr. Sobolik. Mio ask Plaine to come to the table and explain the proposal.
Plaine indicated he was the son-in-law of Sobolik and they are looking at a number of upgrades on the property included screening in the deck on the lakeside of the cabin. Sobolik is 88 years old and built the cabin in 1964. We thought it would be good for him, as he is not as mobile as he used to be, to screen in the deck so he can enjoy time out there with his puzzles. It would be a nice addition to the cabin and Sobolik in his remaining years.
Questions and discussion ensued between the Board and Plaine regarding construction of the screen porch. Upon completion of the discussion, Mio asked if there were any comments from the floor.
Mio recognized Peter Brown. Brown indicated he was neutral on this request; however, he applied for the same request and his was denied. If this variance is approved, he wants a reconsideration of his request.
The Board explained that each request is different and on its own merits. He has every right to apply again if he so chooses.
Mio asked if there was any more discussion, with no further discussion the Board moved on to the Findings of Facts.
Lake of the Woods County Board of Adjustment
FINDINGS OF FACT AND DECISION
SUPPORTING/DENYING A VARIANCE
Name of Applicant: Dennis Sobolik Date: July 1, 2020 Parcel #: 14.53.01.020 Variance Application #: 20-03V
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? Residential/lakeshore property.
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? Existing footprint and eroding shoreline.
4. Is the need for the variance created by actions other than the landowner?
YES (X) NO ( ) and Why or why not? Eroding shoreline and existing property 5. Will granting the variance not alter the essential character of the locality?
YES (X) NO ( ) and Why or why not? Will not, no change.
6. Does the practical difficulty involve more than economic considerations?
YES (X) NO ( ) and Why or why not? Economics not part of request.
1) Must stay within exact footprint of existing deck.
2) Completed by 12/31/20.
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 (X) DENIED ( )
July 1, 2020 ___________________________________ Date Tom Mio
Chair, Board of Adjustment
Motion to approve with conditions: M/S/P Horntvedt/Head
With no further business, Mio entertained a motion to adjourn the meeting at 7:15pm. Adjournment: M/S/P McFarlane/Marhula