LAND & WATER
October 6, 2021
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on October 6th, 2021
Tom Mio opened the meeting at 7:00 pm with the following members present: Tom Mio, Ken Horntvedt, Monica Dohmen, and Dave Marhula. The following members were absent: Wes Johnson, Marshall Nelson, and District 5 vacant position. 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- approved Ken/ Dave. All in favor.
Approval of Meeting Minutes: September 1, 2021- Motion to approve Dave/Monica. All in favor.
Conflict of Interest Disclosure: Ken Horntvedt and Tom Mio received notification of Driftwood Acres Preliminary Plat.
Board of Adjustment: New Business
– Consideration of Variance #21-010V by Randall and Naomi Sherf: Lots 6 and 7, Block 1, Birch Beach Resort, Section Eight (8), Township One hundred Sixty-three (163) North, Range Thirty-three (33) West, Parcel ID # of 16.51.01.060. Applicant is requesting a variance from Section 503.2 of the Lake of the Woods County Zoning Ordinance to allow the construction of an addition onto an existing structure that will not meet the required Seventy-five (75) foot setback from Lake of the Woods. Lake of the Woods is a General Development lake.
Board discussed request with applicant and moved on to findings of fact and decision.
Findings of Fact and Decision Supporting/ Denying a Variance: 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? Recreational Land use
________________________________________________________________________
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? Building placement prior to zoning regulations
________________________________________________________________________
4. Is the need for the variance created by actions other than the landowner? YES ( X ) NO ( ) and Why or why not? See #3
________________________________________________________________________
5. Will granting the variance not alter the essential character of the locality? YES ( X ) NO ( ) and Why or why not Will not- remain residential
________________________________________________________________________
6. Does the practical difficulty involve more than economic considerations? YES ( X ) NO ( ) and Why or why not? Lot size, location of current structure ________________________________________________________________________ Condition(s): Upgrade septic, complete by 12/31/2022
_______________________________________________________________________________
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
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 ( ) APPROVED w/ CONDITIONS ( X ) DENIED ( )
Motion to approve with conditions – Dave/Ken. All in favor.
– Consideration of Variance #21-011V by D and K Cabins, LLC: Lots 2 and 3, Block 4, Wheeler’s Point, Section Nineteen (19), Township One hundred Sixty-two (162) North, Range Thirty-one (31) West, Parcel ID # of 19.52.04.020. Applicant is requesting a variance from Sections 605.1 and 503.5 of the Lake of the Woods County Zoning Ordinance to allow the subdivision of a non-conforming lot and to allow the existing structures to be closer than the required ten (10) foot lot line setback. The Rainy River is an Agricultural River segment.
Board discussed request with applicant and moved on to findings of fact and decision.
Findings of Fact and Decision Supporting/Denying a Variance: 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? Residential/Recreational Property use _____________________________________________________________________
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? Remains residential_____________ ________________________________________________________________________
3. Is the practical difficulty due to circumstances unique to this property? YES (X ) NO ( ) and Why or why not? Plotted lot sizes_____________ ______________________________________________________________________
4. Is the need for the variance created by actions other than the landowner? YES ( X) NO ( ) and Why or why not? Plotted lot sizes_________________ ________________________________________________________________________
5. Will granting the variance not alter the essential character of the locality? YES ( X ) NO ( ) and Why or why not? Remains residential
________________________________________________________________________ 6. Does the practical difficulty involve more than economic considerations? YES ( X ) NO ( ) and Why or why not? Lot sizes
________________________________________________________________________ Condition(s): Survey completed prior to split.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
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 ( ) APPROVED w/ CONDITIONS ( X ) DENIED ( ) Motion to approve with conditions- Dave/Monica- All in favor.
– Consideration of Variance #21-012V by Good Ice Properties, LLC: Lots 16 and 17, Welberg’s Addition, Section Thirty-six (36), Township One Hundred Sixty-two North (162N), Range Thirty-two West (32W)- Parcel ID#19.53.00.160. Applicant is requesting a variance from Section 603 of the Lake of the Woods County Zoning Ordinance to allow the construction of a deck/platform onto an existing structure that will exceed the fifteen (15) percent of the existing structure setback from the Rainy River. The Rainy River is an Agricultural River Segment.
Board discussed request with no applicant present to comment on the situation and moved on to findings of fact and decision. The deck will be open (not enclosed) and will not encroach any closer than the existing structure.
Findings of Fact and Decision for Supporting/Denying a Variance: 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? Resort land use in commercial area ________________________________________________________________________
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? Resort activity
________________________________________________________________________
3. Is the practical difficulty due to circumstances unique to this property? YES ( X ) NO ( ) and Why or why not? Original buildings set backs
________________________________________________________________________
4. Is the need for the variance created by actions other than the landowner? YES ( X ) NO ( ) and Why or why not? Original buildings set backs
________________________________________________________________________
5. Will granting the variance not alter the essential character of the locality? YES ( X ) NO ( ) and Why or why not? Remains commercial
________________________________________________________________________
6. Does the practical difficulty involve more than economic considerations? YES (X ) NO ( ) and Why or why not? Set back requirements
________________________________________________________________________
Condition(s): Deck size cannot exceed submitted plan size
_______________________________________________________________________________
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
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 ( ) APPROVED w/ CONDITIONS (X ) DENIED ( ) Motion to approve with conditions- Monica/ Ken- All in favor.
Board of Adjustment: Old Business
– Consideration of Variance #21-09V by Keith Peppel: Lot 1, Block 4, Wheeler’s Point Plat, Section Nineteen (19), Township One Hundred Sixty-two (162) North, Range Thirty-one (31) West – Parcel ID# 19.52.04.010. Applicant is requesting a variance from Sections 503.5 of the Lake of the Woods County Zoning Ordinance to allow additions to an existing structure that will not meet the required 100-foot setback from the Ordinary High-Water Level (OWHL) of the Rainy River; will not meet the required 10-foot lot line setback; and, will not meet the required 20-foot Right-of-Way setback. Also, applicant is requesting a variance from 904 of the Lake of the Woods County Zoning Ordinance to exceed the allowable 25% impervious surface lot coverage. The Rainy River is an Agricultural River segment.
Applicant submitted a formal withdrawn for this variance in writing.
Motion to close Board of Adjustment- Ken/Dave. All in favor.
Motion to open Planning Commission- Ken/Monica. All in favor.
Planning Commission: New Business
– Consideration of Preliminary 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. Applicant was present and discussed the proposal with the board.
-Church Property on US County Road
-Bituminous on Proposed Lot 1
The specific conditions of approval are as follows:
1.) Move two buildings to meet 100’ setback from the Rainy River
2.) Clarification on Public Road/Access of Proposed Lot 1
Motion to Approve with Conditions – Dave/ Ken- All in favor.
– Consideration of Zone Change #21-02ZC by MLK Rentals, LLC: Part of Outlot A, Birch Acres, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.61.50.020. Applicant is requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.
Board discussed request with applicant and moved on to findings of fact and decision. Read a correspondence into the record from a nearby property owner who received notice of the changes.
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: Commercial corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
_X__Yes ___No
Comments: Adjoining businesses (on CUP’s)
3. Will the zone change alter the characteristics of the neighborhood? ___Yes _X__No
Comments:
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 or improvement
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes __X_No
Comments: No additional services needed
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 impede – no change
7. Has there been a change in the development in the general area of the property in questions?
__X_Yes ___No
Comments: Increased business activity (CUP’s)
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes _X__No
Comments: No change
Conditions:
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 APPROVE the application for a zone change be WITHOUT conditions.
Motion to Approve Without Conditions- Dave/ Monica- All in favor.
– Consideration of Zone Change #21-03ZC by MLK Holding Company, Inc.: The West 100 feet of the W1/2NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.010. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. The property is currently being used as part of a storage area and for lake access. Lake of the Woods is a General Development Lake.
Board discussed request with applicant and moved on to findings of fact and decision.
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: Within commercial corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
__X_Yes ___No
Comments: Lake access
3. Will the zone change alter the characteristics of the neighborhood?
___Yes __X_No
Comments: Lake access through wooded area- 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: None needed
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 impede
7. Has there been a change in the development in the general area of the property in questions?
___Yes __X_No
Comments: Was covered by Conditional Use Permit (CUP) in the past
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes __X_No
Comments: No change
Conditions:
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.
Motion to Approve Without Conditions- Ken/ Dave- All in favor.
– Consideration of Zone Change #21-04ZC by MLK Holding Company, Inc.: The East 200 feet of the West 400 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.020. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for
the purposes of allowing commercial activity on the property. The property is currently being for fish house storage.
Board discussed request with applicant and moved on to findings of fact and decision.
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: Growth corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
__X_Yes ___No
Comments: Currently CUP
3. Will the zone change alter the characteristics of the neighborhood?
___Yes __X_No
Comments:
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: No change
7. Has there been a change in the development in the general area of the property in questions?
__X_Yes ___No
Comments: More commercial activity
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes __X_No
Comments: No change
Conditions:
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 APPROVE the application for a zone change be WITHOUT conditions.
Motion to Approve Without Conditions- Monica/ Dave- All in favor.
– Consideration of Zone Change #21-05ZC by MLK Holding Company, Inc.: The West 100 feet of the SW1/4SE1/4, Section Thirteen (13), Township One Hundred Sixty two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.010. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. Lake of the Woods is a General Development Lake.
Board discussed request with applicant and moved on to findings of fact and decision.
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: Within commercial corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
_X__Yes ___No
Comments: Lake access
3. Will the zone change alter the characteristics of the neighborhood? ___Yes _X__No
Comments: Lake access through wooded area- 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: None needed
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 impede
7. Has there been a change in the development in the general area of the property in questions?
___Yes __X_No
Comments: Was covered by Conditional Use Permit (CUP) in the past
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes __X_No
Comments: No change
Conditions:
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.
Motion to Approve Without Conditions – Ken/ Dave- All in favor.
– Consideration of Zone Change #21-06ZC by MLT&T, LLC: Part of the W1/2NE1/4, Less deeded, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.000. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. Lake of the Woods is a General Development Lake.
Board discussed request with applicant and moved on to findings of fact and decision.
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: In growth corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
__X_Yes ___No
Comments: Commercial to East & Conditional Use Permit (CUP) on property currently
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 – Current Conditional Use Permit (CUP)
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes _X__No
Comments: None needed
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 impede
7. Has there been a change in the development in the general area of the property in questions?
___Yes _X__No
Comments: No – currently a Conditional Use Permitted (CUP) business
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes _X__No
Comments: No change
Conditions:
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 APPROVE the application for a zone change be WITHOUT conditions.
Motion to Approve Without Conditions- Ken/ Monica- 3-1 Approved, Dave Opposed.
– Consideration of Zone Change #21-07ZC by MLT&T, LLC: A tract of land lying within Government Lot 1, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.11.000. Applicant is requesting a zone change from a Residential (R1) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property. Lake of the Woods is a General Development Lake.
Board discussed request with applicant and moved on to findings of fact and decision.
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: Commercial corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
__X_Yes ___No
Comments: Commercial adjoining
3. Will the zone change alter the characteristics of the neighborhood?
___Yes _X__No
Comments:
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:
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes __X_No
Comments: None needed at this time
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 impede
7. Has there been a change in the development in the general area of the property in questions?
___Yes __X_No
Comments: Not recently
8. Will the zone change have a negative effect on property values in the
neighborhood?
___Yes __X_No
Comments: No change
Conditions: Current zoning currently appropriate
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.
Motion to Deny- Ken; Dies for lack of a 2nd.
Motion to Deny- Monica/Dave- Motion carried to Deny 4-0- All in favor.
– Consideration of Zone Change #21-08ZC by MLT&T, LLC: The East 110 feet of the West 793 feet of the South 266 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.040. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.
Board discussed request with applicant and moved on to findings of fact and decision.
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: Growth corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
_X__Yes ___No
Comments: Conditional Use Permit (CUP) to the north
3. Will the zone change alter the characteristics of the neighborhood? ___Yes _X__No
Comments: Single cabin
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: None needed
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 impede
7. Has there been a change in the development in the general area of the property in questions?
__X_Yes ___No
Comments: Increase in commercial activity recently
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes _X__No
Comments: No change
Conditions:
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.
Motion to Approve Without Conditions- Monica/ Ken- All in favor.
– Consideration of Zone Change #21-09ZC by MLT&T, LLC: The SW1/4SE1/4 and Government Lot 5, Section Thirteen (13), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.13.43.000. Applicant is requesting a zone change from a Rural Residential (R2), Special Protection (SP), and Residential (R1) Districts to a Commercial-Recreation (CR) District for the purposes of allowing commercial activity on the property. Lake of the Woods is a General Development Lake. Board discussed request with applicant and moved on to findings of fact and decision.
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: Growth corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
__X_Yes ___No
Comments: Conditional Use Permit (CUP) to the south
3. Will the zone change alter the characteristics of the neighborhood?
___Yes __X_No
Comments:
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:
5. What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?
___Yes _X__No
Comments: None at this time
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:
7. Has there been a change in the development in the general area of the property in questions?
___Yes _X__No
Comments:
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes __X_No
Comments:
Conditions: SW ¼ / SE ¼ Zone Commercial Recreation (CR)
Government Lot #5 to remain Special Protection (SP) and Residential Development (R1)
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.
Motion to Approve with Conditions- Monica/ Ken- All in favor.
– Consideration of Zone Change #21-10ZC by MLK Holding Company, Inc.: The East 100 feet of the West 200 feet of the South 233 feet of the SW1/4NE1/4, Section Twenty-four (24), Township One Hundred Sixty-two (162) North, Range Thirty-Two (32) – Parcel ID# 19.24.12.011. Applicant is requesting a zone change from a Rural Residential (R2) Zoning District to a Commercial-Recreation (CR) Zoning District for the purposes of allowing commercial activity on the property.
Board discussed request with applicant and moved on to findings of fact and decision.
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: Growth corridor
2. Are the existing surrounding land uses consistent with the proposed zoning classification?
__X_Yes ___No
Comments: Currently CUP
3. Will the zone change alter the characteristics of the neighborhood? ___Yes __X_No
Comments:
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: No change
7. Has there been a change in the development in the general area of the property in questions?
_X__Yes ___No
Comments: More commercial activity
8. Will the zone change have a negative effect on property values in the neighborhood?
___Yes __X_No
Comments: No change
Conditions:
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 APPROVE the application for a zone change be WITHOUT conditions.
Motion to Approve Without Conditions- Monica/ Dave- All in favor.
– Consideration of Conditional Use Permit #21-14CU by Sean Westman: The Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW1/4 NE1/4 SE1/4) in Section Twenty-six (26), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West- Parcel ID#19.26.41.040. Applicant is requesting a conditional use permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the storage of commercial winter ice fishing equipment including more than five (5) fish houses in a Rural Residential (R2) district. Board discussed request without applicant present and moved on to findings of fact and decision.
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? Growth corridor
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 ( ) NO ( ) N/A ( X ) 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 ( 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 ( X ) NO ( ) N/A ( ) Why or why not? Highway 172
8) Is the project proposal compatible with adjacent land uses? YES ( X ) NO ( ) N/A ( ) Why or why not? Residential Development (R1) and Rural Residential (R2)
9) Does the project proposal have a reasonable need to be in a shoreland location? YES ( ) NO ( ) N/A ( X ) Why or why not? ______________________________________________________
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 ( X ) NO ( ) N/A ( ) Why or why not? Must maintain vegetative screen
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:
1.) Cannot see fish houses from outside property during summer leaf on conditions
2.) Houses must be 20 feet from property lines to protect neighbor’s property
3.) No more than 20 stored fish houses on this parcel
4.) No habitation during storage
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/ Monica- All in favor.
Motion to Adjourn at 9:38PM – Ken/Monica. All in favor.