Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on October 7, 2020 

Tom Mio opened the meeting at 7:00 pm with the following member present: Dave Marhula, Scott Head, Reed McFarland, Wes Johnson, and Ken Horntvedt. The following members were  absent: Marshall Nelson. 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/Marhula 

Approval of Meeting Minutes: September 2, 2020 – M/S/P McFarlane/Head 

Conflict of Interest Disclosure: 

– None 

Board of Adjustment – New Business 

– Consideration of Variance #20-09V by Louis Taylor: The East 100’ of the part of  the West 400.79’ of Gov Lot 3 lying Northerly of County Road Number 4,  

Section Seventeen (17), Township One Hundred Sixty-two (162) North, Range  Thirty-Two (32) West, Parcel ID# 19.17.24.040. Applicant is requesting a  

variance as required by Section 4.1.4 of the Lake of the Woods County  

Subsurface Sewage Treatment System Ordinance, to create a non-conforming lot  without 2 sites for a standard septic system in the shoreland area of Lake of the  Woods. Lake of the Woods is a General Development Lake. 

Mio asked Mr. Taylor to come forward and explain his request. Mr. Taylor explained that he  would like to build a 16’ x 38’ cabin with an incinerator toilet and a greywater holding tank. He  said this would meet all required setbacks. 

Discussion ensued between the Board and Mr. Taylor. They discussed wetland credits,  restrictions on the property, the proposed holding tank, the high-water event in 2014 and  appropriate use of the property. 

Mio asked if there was any more discussion, with no further discussion the Board moved on to  the Findings of Facts. 

Lake of the Woods County Board of Adjustment 

FINDINGS OF FACT AND DECISION 

SUPPORTING/DENYING A VARIANCE 

Name of Applicant: Louis Taylor Date: October 7, 2020 Parcel #: 19.17.24.040 Variance Application #: 20-09V

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 ( ) NO ( x ) and Why or why not? _No sites for sewer/septic____________ 

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

YES ( ) NO ( x ) and Why or why not? _Proposed building in a wetland________ 

3. Is the practical difficulty due to circumstances unique to this property?  YES ( x ) NO ( ) and Why or why not? _ Wetland_________________________ 

4. Is the need for the variance created by actions other than the landowner?  YES ( x ) NO ( ) and Why or why not? _ Wetland_________________________ 

5. Will granting the variance not alter the essential character of the locality? YES ( ) NO ( x ) and Why or why not? _ Fill and septic needed_______________ 

6. Does the practical difficulty involve more than economic considerations? YES ( x ) NO ( ) and Why or why not? _ Wet______________________________ 

Condition(s):  

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 ( ) DENIED (x ) Motion to Deny: M/S/P Head/Johnson 

– Consideration of Variance #20-08V by Peppermint Creek Enterprises: A tract of  land in Government lots 3 and 4, Section Twenty-four (24), Township One  Hundred Sixty-two (162) North, and Range Thirty-Two (32) West, Parcel ID#  19.24.42.030. Applicant is requesting a variance as required by Section 503.5 of  the Lake of the Woods County Zoning Ordinance, to replace an existing structure  with a new structure at less than the 100’ setback to the Rainy River. The Rainy  River is an Agricultural River segment.

Mio asked Mr. Johnson to come forward to explain the request. Mr. Johnson explained that they  would like to replace an existing trailer house on their lot with a 3 bed, 1 bath cabin that does not  meet the setback from the river. 

Discussion ensued between the Board and Mr. Johnson. Setbacks, cabin dimensions and parking were discussed. 

Mio asked if there was any more discussion, with no further discussion the Board moved on to  the Findings of Facts. 

Lake of the Woods County Board of Adjustment 

FINDINGS OF FACT AND DECISION 

SUPPORTING/DENYING A VARIANCE 

Name of Applicant: Peppermint Creek Enterprises Date: October 7, 2020  Parcel #: 19.24.42.030 Variance Application #: 20-08V 

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? _No further encroachment setback on  setback from river – in growth corridor, resort 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 cabin, no change_____________ 

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

YES ( x ) NO ( ) and Why or why not? _Lot size and current setback, infrastructure  is tight in area________________________________________________ 

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

YES ( x ) NO ( ) and Why or why not? _Lot size and current infrastructure______ 

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

YES ( x ) NO ( ) and Why or why not? _Will not___________________ 

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

YES ( x ) NO ( ) and Why or why not? _Current infrastructure and upgrade of  cabin to HOA specs_________________________________________ 

Condition(s): __Project must be completed by 12/31/2025_____________________________

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 ( x ) DENIED ( )  Motion to approve with conditions: M/S/P Marhula/Johnson 

With no further business Mio entertained a motion to adjourn the meeting at 7:36 p.m. Adjournment: M/S/P Marhula/Horntvedt