Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on July 11, 2018 

Chairman Tom Mio opened the meeting at 7:00 pm with the following member present: Steve  Levasseur, Scott Head, Reed McFarlane, Ken Horntvedt, Gerald Levasseur and Dave Marhula.  Members absent: 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:  

M/S/P Horntvedt/S. Levasseur 

Approval of Meeting Minutes: June 6, 2018 

M/S/P S. McFarlane/Marhula 

Conflict of Interest Disclosure: 

– None 

Planning Commission: 

Old Business 

– Consideration of Conditional Use Permit Application #18-06CU by Ruth  Brunkhorst: Lot 3, Block 2, Boundary Commission Plat #1, Section 8, Township 163  North, Range 34 West (Lakewood), lake of the Woods County, Minnesota – Parcel ID#  14.53.02.030. Applicant is requesting a Conditional Use Permit as required by Section  401-B of the Lake of the Woods County Zoning Ordinance, to allow a commercial  business consisting of short-term vacation rental in a Residential District (R1). Lake of  the Woods is a General Development Lake.  

Chairman Mio read a letter from Mrs. Brunkhorst dated June 19, 2018 into the record stating that  she is withdrawing her request for a Conditional Use Permit. 

New Business 

– Consideration of Conditional Use Permit Application #18-07CU by S & M  Resorts – Shelia Mayer: Lots 2 & 3, Block 4 of Wheeler’s Point Plat in Section  Nineteen (19), Township One Hundred Sixty-two (162) North, Range Thirty-one (31)  West (Wheeler), Lake of the Woods County, Minnesota – Parcel ID#  

19.52.04.020.Applicant is requesting a Conditional Use Permit as required by Section  401-B of the Lake of the Woods County Zoning Ordinance, to amend a prior  Conditional use permit (15-08CU) that placed a condition – “Valid for S & M Resorts  LLC, d.b.a Wheelers Point Resort” to allow rental cabin to be rented by potential new  owners of what is currently known as Wheelers Point Resort by conducting a commercial business consisting of a transient rental in a Residential District (R1).  The Rainy River is an agricultural river segment.

Mio asked Mrs. Mayer to come to the table and explain her request. 

Mrs. Mayer explained that she would like to clean up the language in the paperwork so the new  buyers of the resort would still be able to rent out those cabins.  

Discussion ensued between the Board and Mrs. Mayer. The previous Conditional Use conditions  were discussed. 

Members of the public voiced comments and concerns about this request. It was brought up that  S & M Resorts, LLC will continue to be the owner of the property, since the new owners are  entering into a Contract for Deed which would potentially negate the need to change the  Conditional Use condition at this time.  

Motion made by G. Levasseur to table the request until the August 1, 2018 Planning  Commission meeting. 

Motion seconded by Head. 

All in favor, motion passed. 

– Consideration of Conditional Use Permit Application #18-08CU by JRF Properties,  LLC – Alan Fish: Lots 1-5, Block 1, Marina Drive Estates, Section Thirty-six (36),  Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Lake of the  Woods County, Minnesota – Parcel IDs# 19.70.01.010 through 19.70.01.050. Applicant  is requesting a Conditional Use Permit as required by Section 401-D of the Lake of the  Woods County Zoning Ordinance, to allow the operation of a commercial business  consisting of a seasonal camping area/RV Park in a Commercial-Recreation District. The  proposed project area is non-shoreland. 

Mio asked Mr. Fish to come to the table and explain his request.  

Mr. Fish explained that he purchased these lots, which are zoned commercial and residential,  some of which he is placing houses on but some of the lots are small for individual residential  units. He feels the smaller lots are better suited for seasonal RV sites. 

Discussion ensued between the Board and Mr. Fish. Density, length of rentals, signage and septic  were discussed. 

Mio stated that there was a letter regarding this property and read it into the record. 

Members of the public expressed concerns about this request. Covenants and restrictions  regarding commercial use of the lots was brought up by neighboring landowners. 

Motion made by McFarlane to table the request until the August 1, 2018 Planning  Commission meeting. 

Motion seconded by S. Levasseur. 

– Consideration of Petition to Amend the Lake of the Woods County Zoning  Ordinance Application #18-01ZC by Gregg Hennum: A tract in NW corner of  Gov. Lot 1, less deeded, Section Twenty-five (25), Township One Hundred Sixty-two  (162) North, Range Thirty-two (32) West, Lake of the Woods County, Minnesota – Parcel ID# 19.25.21.010. Applicant is requesting a zone change from a Residential District (R1) to a Commercial Recreation District to allow applicant to establish a  Commercial Planned Unit Development consisting of an RV Campground/Park. 

Mio asked Mr. Hennum to come to the table and explain his request. 

Mr. Hennum explained that he has a long-term (three to five years) plan to create a campground  on his property and requires a zone change for that lot to make that a reality.  

Discussion ensued between the Board and Mr. Hennum. Number of lots, fences, buffers and  sewage disposal were discussed.  

Mio stated that there were two letters regarding this property and read them into the record. Members of the public expressed concerns to the proposed zone change of this property. 

Mio asked the Board if they had any further questions for Mr. Hennum, hearing none Mio  proceeded to the Findings of Fact. 

Lake of the Woods County  

Rezoning 

Findings of Fact and Decision 

Name of Applicant: Gregg Hennum Date: July 11, 2018 Location/Legal Description: A tract in NW corner of Gov. Lot 1, less deeded Current Zoning Classification: Residential Proposed: Commercial-Recreation Parcel Number(s): 19.25.21.010 Application Number: 18-01ZC 

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 expansion in a resort area/growth corridor. 

2. Are the existing surrounding land uses consistent with the proposed zoning  classification? 

X Yes ___No 

Comments: Adjacent to other businesses/CUP. 

3. Will the zone change alter the characteristics of the neighborhood? 

 ___Yes X No Comments: Remains resort area. 

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? 

X Yes ___No 

Comments: Increased vehicle and pedestrian traffic, private water and sewer system. 

5. What additional public services would be necessitated and would existing utilities  be sufficient to accommodate the proposal? 

X Yes ___No 

Comments: Electric and phone – private water and sewer, other county services in place. 

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? 

 ___Yes X No Comments: 

8. Will the zone change have a negative effect on property values in the  

neighborhood? 

 ___Yes X No Comments: Can’t determine – mixed residential/commercial/CUP area. 

Conditions: Must maintain a 30 foot natural state vegetative visual buffer along Burr Oak Road.

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. 

_____________________________________ July 11, 2018 Tom Mio Date Chair, Planning Commission 

The Lake of the Woods County Board of Commissioners hereby adopt the above findings of  fact of the Lake of the Woods Planning Commission WITH / WITHOUT modification(s) and  DENY / APPROVE the application for a zone change WITH / WITHOUT special conditions. 

_____________________________________ ____________________ Ed Arnesen Date 

Chair, County Board of Commissioners 

Motion made by Marhula to approve the zone change request. 

Motion seconded by G. Levasseur. 

Mio, McFarlane, Horntvedt, Marhula, G. Levasseur, Head in favor. S. Levasseur opposed.  Motion passed. 

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

Adjournment: 

M/S/P Marhula/Horntvedt, meeting adjourned at 9:46 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