LAND & WATER
May 4, 2022
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on May 4, 2022
Tom Mio opened the meeting at 7:00 pm with the following members present: Tom Mio, Nancy Dunnell, Ken Horntvedt, Monica Dohmen, Wes Johnson, Marshall Nelson 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 agenda with amendments. Board would like to discuss new business first and then move onto old business. -Marshall/Ken. All in favor.
Approval of Meeting Minutes: April 6, 2022- Motion to approve- Ken/Dave. All in favor. Conflict of Interest Disclosure: Tom Mio received notification regarding Driftwood Acres Final Plat.
Board of Adjustment: No New Business
Planning Commission: New Business
– Consideration of Final Plat of Driftwood Acres by L&S Investing, LLC: A tract of land located in Government Lots Three (3), Four, (4) and Five (5) all within Section Seven (7), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID# 24.07.32.009. Applicant is requesting to create twelve (12) tracts for a residential development. The Rainy River is an Agricultural River segment.
Corey Steinbach, property owner, was present to discuss the approval of the final plat. The board asked the owner questions in regards to the road (specs, construction, completion, easements, emergency access…etc.), the present structures that need to be moved, additional lot considerations, and a few typos that were found on the plat. The county surveyor needs to complete his final plat check and get any corrections or changes completed prior to the creation of the mylars.
Motion to approve presenting the final plat to county board – Ken/Wes. All in favor, Tom abstained. Planning Commission: Old Business
– Consideration of Zone Change #21-11ZC by Tod & Connie Barrow: West half (1/2) of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-four (34), Township One Hundred Sixty-seven (167) North, Range Thirty-Five (35) West – Parcel ID# 04.34.11.010. Applicant is requesting an amendment to Section 303 of the Lake of the Woods County Zoning Ordinance as allowed by Section 1206. The amendment would change the classification for the property from a Special Protection (SP) District to a Rural Residential (R2) Zoning District for the purposes of allowing a permanent structure to be located on the property for residential purposes.
Tod and Connie Barrow joined via phone. Connie explained the current situation, the cabin is completed on their property and now just needs to be moved, she is in the process of contacting locals at the Angle who are going to assist her in trying to locate her property like the NW Edge Riders snowmobile club, and the ice bridge Facebook page (ice road?). The board asked if they have contacted the Red Lake Band to discuss crossing their property to access theirs, she has not yet but will do so. The board also asked if she had contacted the boarder patrol in regards to obtaining access to their property via the border cut, she has not discussed that with the boarder patrol but intends to do so. The realtor who sold the property to the Barrow’s indicated that access was attainable, as they have hunted on the property numerous times, and that it was a residential parcel with no restrictions in terms of building. Genereux Realty out of Theif River Falls sold the property to the Barrows. The board clarified to the Barrows that if they decide to recommend changing the zoning to the County Board, they are not guaranteeing access to their property. The board then moves on to the findings of fact and decision.
The Planning Commission shall consider all facts from all sources prior to submitting a recommendation to the County Board relating to a proposed zone change. Its judgment shall be based upon, but not limited to the following factors as applicable.
1. Is the zone change consistent with the Lake of the Woods County Comprehensive Land Use Plan?_ X¬_Yes ___No Comments: Rural Residential in area
2. Are the existing surrounding land uses consistent with the proposed zoning classification? _X¬_Yes ___No
Comments: Rural Residential or Special Protection
3. Will the zone change alter the characteristics of the neighborhood? __¬_Yes _X_No Comments: No change
4. Is there a potential for public health, safety or traffic generation impacts based on the proposed zone change and how will they be addressed? ¬_Yes _X_No
Comments: No change
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal? __¬_Yes _X_No Comments: No change
6. Will the zone change impede the normal or orderly development and improvement of surrounding property for uses permitted in the zoning district? __¬_Yes _X_No Comments: Will not change
7. Has there been a change in the development in the general area of the property in questions? __¬_Yes _X_No
Comments: No changes
8. Will the zone change have a negative effect on property values in the neighborhood? __¬_Yes _X_No
Comments: Will not
1.) Must complete site building by 7/1/2023
2.) Must show photo of completed structure on site to Josh Stromlund and Scott Head 3.) Must obtain access permission from Red Lake Band to cross their property 4.) Must obtain access permission from US Customs to use Border cut for access 5.) Property will revert back to Special Protection if cabin is not on site by 7/1/2023 The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners adopt the above findings and DENY / APPROVE the application for a zone change be WITH / WITHOUT conditions.
Approve with Conditions – Dave/ Wes. All in favor.
– Consideration of Conditional Use Permit #22-01CU by Jon Meikle: Northwest quarter (NW ¼) Northwest quarter (NW ¼) of Section Twenty-eight (28), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West — Parcel ID# 19.28.22.000. Applicant is requesting an After-the-fact 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 and more than fifty (50) cubic yards outside of the shore impact zone of Bostic Creek for the purpose of constructing a private drive. Bostic Creek is a Tributary River segment.
Jim Meikle joined via phone to discuss the request. He has no immediate plans for the property. He was given some free fill and placed it on the property last year (summer construction season 2021). There was an existing well that has been placed on the property and electricity for up to four (4) campers to be placed on the property for friends or relatives to use. They also placed a dock on the property, again there is no set plans for the future use of the property. There are no plans for the installation of a septic system at this time. The SWCD and County will meet the Meikle’s out on site to discuss the wetland issues with the fill when scheduling and weather allows. Correspondence was received from Brent Mason (DNR Area Hydrologist) and Dan Compton (neighbor in favor of the request). Board then moves onto Findings of Fact and Decision.
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? Shoreland development
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? Sediment barrier
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? It will 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 ( X ) NO ( ) N/A ( )
Why or why not? Will be working with DNR, SWCD, and LOW County Land and Water Planning departments
7) Is the site in harmony with existing and proposed access roads? YES ( X ) NO ( ) N/A ( ) Why or why not? County Road 8 Access
8) Is the project proposal compatible with adjacent land uses? YES ( X ) NO ( ) N/A ( ) Why or why not? Resort and Recreation area
9) Does the project proposal have a reasonable need to be in a shoreland location? YES ( X ) NO ( ) N/A ( ) Why or why not? Shoreland activities
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 ( X ) N/A ( ) Why or why not? None planned
12) Is the site adequate for water supply and on-site sewage treatment systems?
YES ( ) NO ( ) N/A ( ) Why or why not? Has well – no sewage treatment planned
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 ( X ) NO ( ) N/A ( ) Why or why not? Minimal increase- private use
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 ( ) Why or why not? Not needed- 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 ( X ) N/A ( )
Why or why not? None needed
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? On site
The specific conditions of approval are as follows:
1.) Work with SWCD, DNR, and Land and Water Planning for fill redeposition, wetland protection, and erosion control
2.) CUP also includes boat ramp if requested
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 ( )
Motion to Approve with Conditions- Dave/Marshall. All in favor.
Motion to Adjourn at 8:09PM – Monica/Nancy. All in favor.