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LAND & WATER

September 6, 2023 

7:00 P.M. on September 6, 2023 

Ken Horntvedt opened the meeting at 7:03 pm with the following members present: Tom Mio, Nancy Dunnell,  Wes Johnson, Monica Dohmen and Dave Marhula. Absent Member: Marshall Nelson. 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 – Marhula/Mio. All in favor. 

Approval of Meeting Minutes: August 2, 2023- Motion to approve – Mio/Marhula. All in favor.  Conflict of Interest Disclosure: None. 

Planning Commission – New Business 

– Consideration of Conditional Use Permit Application #23-13CU by Dale Wang, et.al.: A tract in  Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty two (32) West (Wheeler) – Parcel ID# 19.17.23.050. Applicant is requesting a 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 of Lake of the Woods to repair shoreline damage. Lake  of the Woods is a General Development Lake. 

Larry Houser was present at the meeting to discuss both requests and answer questions from the Planning  Commission. Houser indicated he is representing the family members that own both parcels and the work  conducted was by the same contractor. Stromlund provided a brief history of the parcels of property dated back  to the 2014 high water event. The Planning Commission discussed the information in the application. The board  then moved on to the findings of fact and decision.  

Name of Applicant: Dale Wang Date: September 6, 2023 

Location/Legal Description: Tract in Government Lot 4, Section Seventeen (17), Township One Hundred  Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.050. 

Project Proposal: Applicant is requesting a 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 of Lake of the Woods to repair shoreline damage. 

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? Shoreline restoration. 

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 (X) NO ( ) N/A ( ) Why or why not? Lake of the Woods shoreline. 

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

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 of the Woods Shoreline. 

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: 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 ( ) 

– Consideration of Conditional Use Permit Application #23-14CU by Katherine Houser: A tract in  Government Lot 4, Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range Thirty two (32) West (Wheeler) – Parcel ID# 19.17.23.030. Applicant is requesting a 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 of Lake of the Woods to repair shoreline damage. Lake  of the Woods is a General Development Lake. 

Name of Applicant: Katherine Houser Date: September 6, 2023 

Location/Legal Description: Tract in Government Lot 4, Section Seventeen (17), Township One Hundred  Sixty-two (162) North, Range Thirty-two (32) West (Wheeler) – Parcel ID# 19.17.23.030. 

Project Proposal: Applicant is requesting a 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 of Lake of the Woods to repair shoreline damage. 

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? Shoreline restoration. 

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 (X) NO ( ) N/A ( ) Why or why not? Lake of the Woods shoreline. 

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

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 of the Woods Shoreline. 

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: 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 Adjourn at 7:16 PM- Mio/Johnson. All in favor.