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June 3, 2020

LAND & WATER

June 3, 2020

Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on June 3, 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.  

Introductions of Board of Adjustments/Planning Commission members took place. 

Approval of the Agenda:  

Motion to approve agenda – M/S/P Nelson/Marhula 

Approval of Meeting Minutes: May 6, 2020 

M/S/P Hortnvedt/Head 

Conflict of Interest Disclosure: 

None 

Planning Commission – New Business 

– Consideration of Conditional Use Permit #20-04CU by Shawn Wendler & Shawna  Brasgalla: The North 450 feet of the East 500 feet of the NE¼ of the NE¼, Section  Twenty-six (26), Township One Hundred Sixty-one (161) North, Range Thirty-two (32)  West. Applicant is requesting to operate a small engine repair and maintenance shop in a  Rural-Residential (R-2) District. 

Mr. Wendler came forward to explain his request. He explained that he would like to do small  engine repair including marine, atv, automotive/oil changes/tune ups, etc. He is hoping to expand  in the future if all goes well.  

Discussion ensued between the Commission and Mr. Wendler. Number of vehicles, slightly  appearance and possible increases in shed/workspace were discussed.  

Mr. Mio read a letter in favor of the request into the record. 

With no further discussion the Commission moved on to the Findings of Facts.  

Lake of the Woods County Planning Commission Findings of Fact and Decision 

Name of Applicant: Shawn Wendler_____________________ Date: June 3, 2020___________ 

Location/Legal Description: The North 450 feet of the East 500 feet of the NE1/4 of the NE1/4,  Section 26, Township 161 North, Range 32 West – Parcel ID #23.26.11.01 

Project Proposal: Operate a small engine repair and maintenance shop in a Rural-Residential (R 2) District.

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? _Further business________________________________________ 

2) Is the project proposal consistent with maintaining the 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 ( ) NO ( ) N/A ( x ) Why or why 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? __County Rd #6_________________________________________ 

8) Is the project proposal compatible with adjacent land uses? YES ( x ) NO ( ) N/A ( ) Why or why not? ___Agricultural_________________________________________ 

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? _Used oil, antifreeze, etc. will be contained. No bathroom facilities__ 

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 ( 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 ( x ) NO ( ) N/A ( ) Why or why not? __One 2’ x 6’on building 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? _Use County Rd 6 – no change needed________________________ 

The specific conditions of approval are as follows: _CUP stays with Shawn Wendler_________ 

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 ( ) 

_____________________________________ 

Tom Mio 

Chair, Planning Commission 

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.  

Motion to approve with conditions: M/S/P Marhula/Nelson 

With no further business, Mio entertained a motion to adjourn the meeting at 7:25pm.  Adjournment: M/S/P Nelson/McFarlane