7:00 P.M. on November 1, 2023

Ken Horntvedt opened the meeting at 7:00 pm with the following members present: Tom Mio, Monica Dohmen,
Ken Horntvedt, Dave Marhula, Nancy Dunnell, Marshall Nelson and Wes Johnson. 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 – Marshall/Johnson. All in favor.
Approval of Meeting Minutes: October 4, 2023- Motion to approve – Marhula/Dohmen. All in favor.
Conflict of Interest Disclosure: None.
Planning Commission – New Business

• Consideration of Conditional Use Permit Application #23-18CU by J&T Ferguson, LLC: Northeast
  Quarter of the Southwest Quarter (NE1/4SW1/4), West of Bostic Creek, Section Twenty-one (21), Township
  One Hundred Sixty-two (162) North, Range Thirty-two (32) West (Wheeler)- Parcel ID # 19.21.31.000.
  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 and to move more than 50 cubic yards of material outside the shore impact zone of Lake of the
  Woods for the construction of a dike to protect the property from flooding. Lake of the Woods is a General
  Development Lake.
  Justin Ferguson was present at the meeting to discuss the request and answer questions from the board. The board
  discussed the information in the application. The board then moved on to the findings of fact.
  Name of Applicant: J&T Ferguson, LLC Date: November 1, 2023

Location/Legal Description: Northeast Quarter of the Southwest Quarter (NE1⁄4SW1⁄4), West of Bostic Creek, Section
Twenty-one (21), Township One Hundred Sixty-two (162) North, Range Thirty-two (32)
West – Parcel ID# 19.21.31.000.

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods
County Zoning Ordinance to move more than 10 cubic yards of material within the shore impact zone
of Lake of the Woods and to move more than 50 cubic yards of material outside the shore impact zone
of Lake of the Woods for the construction of a dike to protect the property from flooding. 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? Shoreland protection.

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 (X) NO ( ) N/A ( )
Why or why not? No 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? Lake of the Woods, Bostic Bay.

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: ____________________________________________

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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 ( )

November 1. 2023 _________________________
Date Ken Horntvedt
Chair, Planning Commission
Motion made by Nelson to approve the request as presented and seconded by Marhula. All in favor,
motion carried.
With no further business before the Planning Commission, Nelson made a motion to adjourn and seconded by Mio.
All in favor, meeting adjourned at 7:30 PM.