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November 6, 2019


November 6, 2019

Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on November 6, 2019 

Tom Mio opened the meeting at 7:00 pm with the following member present: Scott Head,  Marshall Nelson, Dave Marhula, Reed McFarlane and Ken Horntvedt. Members absent: 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 agenda – M/S/P Horntvedt/Head 

Approval of Meeting Minutes: October 2, 2019 

M/S/P Marhula/Head 

Conflict of Interest Disclosure: 


Board of Adjustment – New Business 

– Consideration of Variance #19-11V by Nick and Deanna Painovich: A tract of  land in Government Lot 13; A tract of land in the south and southwestern part of Government  Lot Thirteen (13), all within Section Ten (10), Township One Hundred Sixty-two (162)  North, and Range Thirty-three (33) West, Parcel ID# and Applicant is requesting a variance as required by Section 603 and Section 701 of the  Lake of the Woods County Zoning Ordinance, to allow the applicant to construct a  deck at a 50’ setback which exceeds the allowable 15% of the structure setback to the  OHWL of Lake of the Woods, and allow the applicant to construct a water-oriented  accessory structure greater than the allowed 400 sq. ft. Lake of the Woods is a  General Development Lake. 

Mr. Luke came to the table to represent Mr. and Mrs. Painovich. Mr. Luke explained the  improvements that they would like to make to the property, including removing structures,  replacing structures and decks and building a new sitting area. The options that the Painoviches  presented in their application were read into the record.  

The Board and Mr. Luke discussed the options presented. Structures to be removed, structures to  remain, current square footages, the sitting area, setbacks, elevations and potential square  footages were discussed. 

Mio asked the Board if they had any further discussion. Hearing none, Mio moved on to the  Findings of Facts. 

Lake of the Woods County Board of Adjustment 



Name of Applicant: Nick and Deanna Painovich Date: November 6, 2019 Parcel #: & .100 Variance Application #: 19-11V 

A variance may be granted only where the strict enforcement of county zoning controls will result in a practical  difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following  criteria: 

1. Is the variance in harmony with the general purpose and intent of the Lake of the Woods County  Comprehensive Plan and Zoning Ordinance? 

YES ( x ) NO ( ) and Why or why not? _Shoreline clean up and does not allow further  encroachment___________________________________________________________________ 

2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official  control?  

YES ( x ) NO ( ) and Why or why not? _Residential__________________________________ 

3. Is the practical difficulty due to circumstances unique to this property?  

YES ( x ) NO ( ) and Why or why not? __Existing structures and water front/shoreline______ 

4. Is the need for the variance created by actions other than the landowner?  

YES ( x ) NO ( ) and Why or why not? __Existing structures and shoreline________________ 

5. Will granting the variance not alter the essential character of the locality? 

YES ( x ) NO ( ) and Why or why not? __Will not, remains residential____________________ 

6. Does the practical difficulty involve more than economic considerations? 

YES ( x ) NO ( ) and Why or why not? __See #3_____________________________________ 

Condition(s): ___Remove all existing structures in sketch, new sitting area cannot encroach any closer than 25ft to  OHWL, platform/decks on sketch attached to new home approved as drawn, platform/deck cannot encroach any  closer to OHWL, total area of new sitting area and attached deck/platform cannot exceed 800ft._____________ 


Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of  Adjustment. This is in accordance with Section 1205 of the Lake of the Woods County Zoning Ordinance. 

APPROVED w/ conditions ( x ) DENIED ( ) 

 November 6, 2019 ______________________________  Date Tom Mio 

Chair, Board of Adjustment

Motion to approve with conditions: McFarlane. 

Seconded by Nelson.  

All in favor, none opposed. Motion carried.  

With no further business, Mio entertained a motion to adjourn the meeting.  Adjournment: M/S/P McFarlane/Marhula 

The above is not a verbatim transcript, only a summary of what transpired, a complete  version has been recorded digitally and upon request can be copied for individuals  requesting a copy of the proceedings.