LAND & WATER
September 4, 2019
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on September 4, 2019
Tom Mio opened the meeting at 7:00 pm with the following member present: Scott Head, Ken Horntvedt, Dave Marhula, 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 agenda – M/S/P Marhula/Head
Approval of Meeting Minutes: August 7, 2019
M/S/P Marhula/Horntvedt
Conflict of Interest Disclosure:
– None
Board of Adjustment – Old Business
– Consideration of Variance #19-09V by Morris Point Lake View Lodge: A tract in Government Lots 4 and 5, Section Sixteen (16), Township One Hundred Sixty-two (162) North, and Range Thirty-Two (32) West, Parcel ID# 19.16.23.000. Applicant is requesting a variance as required by Section 503.2 of the Lake of the Woods County Zoning Ordinance, to replace an existing structure at less than a seventy-five (75) foot setback to the OHWL of Lake of the Woods, and less than the required fifty (50) foot setback from the road right-of-way of 42nd Avenue NW. Lake of the Woods is a General Development Lake.
Mio explained that this request was tabled at the last meeting because the Board needed more information about the road right-of-way and where the end of the County Road is located.
Mr. Stromlund indicated that the section of road the structure is setback from still requires a 20’ setback.
Mio asked if there were any further questions or comments. Hearing none, he moved on to the Findings of Fact.
Lake of the Woods County Board of Adjustment
FINDINGS OF FACT AND DECISION
SUPPORTING/DENYING A VARIANCE
Name of Applicant: Morris Point Lake View Lodge Date: September 4, 2019 Parcel #: 19.16.23.000 Variance Application #: 19-09V
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 ( x ) NO ( ) and Why or why not? Moving further back from OHW and encroaching no further on Road RW________
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? No change_________________________
3. Is the practical difficulty due to circumstances unique to this property? YES ( x ) NO ( ) and Why or why not? Existing building location and water frontage
4. Is the need for the variance created by actions other than the landowner? YES ( x ) NO ( ) and Why or why not? Existing building location and prior regulations
5. Will granting the variance not alter the essential character of the locality? YES ( x ) NO ( ) and Why or why not? Will not; remain the same______________ 6. Does the practical difficulty involve more than economic considerations? YES ( x ) NO ( ) and Why or why not? Building improvements and location______ Condition(s):
Cannot encroach any closer to Road RW, Septic check must be completed and upgraded if necessary, completed by 12/31/2020____________________________________________
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 ( )
September 4, 2019 ______________________________ Date Tom Mio
Chair, Board of Adjustment
Motion made by Marhula to approve the request with conditions.
Motion seconded by Head.
All in favor, none opposed. Motion passed.
Board of Adjustment – New Business
– Consideration of Variance #19-10 by Brush Island Properties, Inc.: A tract in Government Lot 5, Section Twenty-nine (29), Township One Hundred Sixty-eight (168) North, Range Thirty-three (33)W being part of Outlot A of Brush Island, Parcel ID#03.51.50.230. Applicant is requesting a variance as required by Section 503.2 of the Lake of the Woods County Zoning Ordinance, to construct a structure at less than a seventy-five (75) foot setback from the Ordinary High Water Level (OHWL) of Lake of the Woods. Lake of the Woods is a General Development Lake.
Mio asked Aaron Kolling to come to the table and explain their request.
Mr. Kolling would like to build a home on a peninsula and the home they would like to build does not fit into the building envelope of the site. They would like to be closer than the 75’ setback from the OHWM. He stated approximately 20% of the house would encroach closer than the 75’ setback. He proposed two different site plans for the Board to consider.
Discussion ensued between the Board and Mr. Kolling. Septic, cabin placement, future plans and elevations were discussed.
Mio asked for public comment. Gregg Hennum made comments in favor of this variance. Hearing no more comments or questions, the Board moved on to Findings of Fact.
Lake of the Woods County Board of Adjustment
FINDINGS OF FACT AND DECISION
SUPPORTING/DENYING A VARIANCE
Name of Applicant: Brush Island Properties Inc Date: September 4, 2019 Parcel #: 03.51.50.230 Variance Application #: 19-10V
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? Seasonal recreation 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? Residential cabin/home site____________
5. Is the practical difficulty due to circumstances unique to this property? YES ( x ) NO ( ) and Why or why not? Peninsula shape and size____________
6. 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 change_____________________ 6. Does the practical difficulty involve more than economic considerations? YES ( x ) NO ( ) and Why or why not? Lot size and shape___________________ Condition(s):
_1) Must use either site #1 or Site #2 plans submitted. 2) Maximum encroachment must not be less than 62’______________________________________________________________________
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 ( ) September 4, 2019 ___________________________________ Date Tom Mio
Chair, Board of Adjustment
Motion made by Horntvedt to approve with conditions.
Motion seconded by Marhula.
All in favor, none opposed. Motion passed.
With no further business, Mio entertained a motion to adjourn the meeting. Adjournment: M/S/P Head/Johnson
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.