7:00 P.M. on February 1, 2023 

Tom Mio opened the meeting at 7:00 pm with the following members present: Tom Mio, Nancy Dunnell, Ken Horntvedt,  Monica Dohmen 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 –Ken/Monica. All in favor. 

Election of Chair: Monica Nominated Ken for Chair, Nancy Seconded. All in favor 

Election of Vice Chair: Ken Nominated Tom for Vice Chair, Monica seconded. All in favor Approval of Meeting Minutes: November 2, 2022- Motion to approve- Dave/Nancy. All in favor.  Conflict of Interest Disclosure: None. 

Planning Commission – New Business 

– Consideration of Conditional Use Permit #23-01CU by Daniel Miller: The Southeast quarter of the  Northeast quarter (SE¼NE¼), and Government Lot Four (4), Section Eleven (11), Township One Hundred  Sixty-seven (167) North, Range Thirty-three (33) West of the Fifth Principal Meridian, and subject to flowage  easement by the United States Government. – Parcel ID# 06.11.41.000. Applicant is requesting a Conditional  Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to construct an  inland harbor connected to Lake of the Woods, which was permitted by the Minnesota Department of Natural  Resources in 2003. Also, the applicant is requesting the cumulative movement of 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. Lake of the Woods is a General Development Lake. 

Daniel Miller was present via phone call to discuss this request with the board and to answer any questions. Daniel noted  his need to complete the harbor to the depth as originally designed. The Board moved onto Findings of Fact and Decision.  

Name of Applicant: Daniel Miller Date: February 1, 2023 

Location/Legal Description: The Southeast quarter of the Northeast quarter (SE¼NE¼), and Government Lot Four (4),  Section Eleven (11), Township One Hundred Sixty-seven (167) North, Range Thirty-three (33) West of the Fifth Principal  Meridian, and subject to flowage easement by the United States Government. – Parcel ID# 06.11.41.000 

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods  County Zoning Ordinance to construct an inland harbor connected to Lake of the Woods, which was permitted by the  Minnesota Department of Natural Resources in 2003. Also, the applicant is requesting the cumulative movement of 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. 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? Safe Harbor. 

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 ( X ) NO ( ) N/A ( ) Why or why not? Material to be deposited on land. 

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? Will not 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 ( ) NO ( ) N/A ( X ) Why or why not? ____________________________________________________________________ 

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

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

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 ( X ) N/A ( ) 

Why or why not? Natural vegetation. 

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. Follow DNR plan and approvals. 

Approved as Presented ( ) Approved with Conditions (X) Denied ( ) Motion to Approve with Conditions – Ken/Monica. All in favor.  

Motion to Adjourn at 7:23 PM- Dave/Nancy. All in favor.