Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on November 7, 2018 

Tom Mio opened the meeting at 7:00 pm with the following member present: Scott Head, Gerald  Levasseur, Ken Horntvedt, Reed McFarlane and Dave Marhula. Members absent: Ed Arnesen.  Others present were: Assistant Zoning Administrator Maranda Dahl.  

Introductions of Board of Adjustments/Planning Commission members took place. 

Approval of the Agenda:  

M/S/P Head/Marhula 

Approval of Meeting Minutes: October 3, 2018 

M/S/P Horntvedt/Marhula 

Conflict of Interest Disclosure: 

– None 

Planning Commission – New Business 

– Consideration of Conditional Use Permit #18-11CU by Cyrus Resort That part of  the Northeast Quarter of the Southwest Quarter (NE¼SW¼), Section Twenty (21),  Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, lying  and being West of the center of the channel of Bostic Creek, 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 shoreland area of Bostic Creek. 

Mio asked the representative from Cyrus Resort to come to the table and explain the request. 

Mr. Hammond explained that the resort would like to fill in their pool, pour a concrete slab over  it and turn it into a basketball court. 

Discussion ensued between the Board and Mr. Hammond. Amount of fill and filling process  were discussed.  

Mio asked the Board if they had further questions, hearing none Mio proceeded to the Findings  of Facts. 

Lake of the Woods County Planning Commission Findings of Fact and Decision 

Name of Applicant: Cyrus Resort Date: November 7, 2018 

Location/Legal Description: That part of the Northeast Quarter of the Southwest Quarter  (NE¼SW¼), Section Twenty (21), Township One Hundred Sixty-two (162) North, Range Thirty-

two (32) West, lying and being West of the center of the channel of Bostic Creek, parcel ID#  19.21.31.000. 

Project Proposal: 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 Bostic Creek. 

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? _Recreational___________________________________________ 

2) Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( x ) NO ( ) N/A ( x ) 

Why or why not? _Safer for resort guests and chemical storage__________________ 

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? _____________________________________________________ 

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 ( ) Why or why not? __No change___________________________________________ 

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? _Recreational use________________________________________ 

9) Does the project proposal have a reasonable need to be in a shoreland location?  YES ( x ) NO ( ) N/A ( ) Why or why not? _The pool was there______________________________________ 

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: __Complete by 12/21/2019____________  

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 ( ) 

November 7, 2018 _____________________________________ 

 Date Tom Mio 

 Chair, Planning  

Commission 

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance. 

Motion made by Marhula to approve the request with conditions. 

Motion seconded by McFarlane. 

All in favor, none opposed. Motion carried. 

With no further items for consideration before the Planning Commission, Mio entertained a  motion to adjourn.  

Adjournment: M/S/P Horntvedt/Head, meeting adjourned at 7:09 p.m.  

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. 

Respectfully submitted,  

Josh Stromlund