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 

Conditions:  

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.