LAND & WATER
September 5, 2018
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on September 5, 2018
Chairman Tom Mio opened the meeting at 7:00 pm with the following member present: Scott Head, Reed McFarlane, Gerald Levasseur and Dave Marhula. Members absent: Ken Horntvedt, Ed Arnesen. Others present were: Land and Water Planning Director, Josh Stromlund.
Introductions of Board of Adjustments/Planning Commission members took place.
Approval of the Agenda:
Approval of Meeting Minutes: August 1, 2018
Conflict of Interest Disclosure:
Board of Adjustments
– Consideration of Variance Application #18-06V by Leah Spee: Part of Lot 2 and all of Lot 3, Block 2 of Woodland Estates in Section Thirteen (13), Township One-hundred Sixty-one (161) North, Range Thirty-two (32) West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID# 23.57.02.020. Applicant is requesting a variance from Section 503.6 of the Lake of the Woods County Zoning Ordinance to allow the construction of a dwelling that will not meet the required setback from the Ordinary High Water Level of Wabanica Bay. Wabanica Bay is a Tributary River Segment.
Mio asked Ms. Spee to come to the table and explain her request.
Ms. Spee explained that based on where her shed is located and the desired location of a future septic system, there is not enough room on the east side of the lot between the shed and the house to pull in and park a boat.
Discussion ensued between the Board and Ms. Spee. Garage and house placement, lot size and neighboring lots were discussed.
Mio stated that there was a letter regarding this variance and read it into the record.
Mio asked the Board if they had any further questions for Ms. Spee, hearing none Mio proceeded 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: Leah Spee Date: September 5, 2018 Parcel #: 23.57.02.020 Variance Application #: 18-06V
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 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__________________________ ___________________________________________________________________________
3. Is the practical difficulty due to circumstances unique to this property?
YES ( x ) NO ( ) and Why or why not? __Diagonal lot lines, well and septic plans____ ___________________________________________________________________________
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____________________________ ___________________________________________________________________________
6. Does the practical difficulty involve more than economic considerations?
YES ( x ) NO ( ) and Why or why not? ____Lot lay out________________________ ___________________________________________________________________________
Condition(s): _House setback must be greater or equal to 100’ at NW corner and greater than or equal to 89’ at SW corner, completed by 7/1/2020__________________________________________________________
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 ( )
_______9/5/18___________ ___________________________________ Date Tom Mio
Chair, Board of Adjustment
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.
M/S/P Marhula/McFarlane, meeting adjourned at 7:55 p.m.