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May 2, 2018

LAND & WATER

May 2, 2018

Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on May 2, 2018 

Chairman Tom Mio opened the meeting at 7:00 pm with the following members present: Steve  Levasseur, Scott Head, Gerald Levasseur, Reed McFarlane and Dave Marhula. Members absent:  Ken Horntvedt, and Ed Arnesen. Others present were: Land & Water Planning Director, Josh  Stromlund 

Introductions of Board of Adjustment/Planning Commission members took place. 

Approval of the Agenda:  

M/S/P McFarlane/Marhula 

Approval of Meeting Minutes: April 4, 2018 

M/S/P G. S. Levasseur/Marhula 

Conflict of Interest Disclosure: 

  • Marhula indicated that he would abstain from the vote regarding Conditional Use #18- 08CU 

Planning Commission: 

  • New Business 
  • Consideration of Conditional Use Permit Application #18-02CU by Michael  Gamache: The S½SW ¼ of Section 33, Township 161 North, Range 31 West (Baudette),  Lake of the Woods County, Minnesota – Parcel Number 24.33.33.000. Applicant is  requesting a Conditional Use permit as required by Section 902 of the Lake of the Woods  County Zoning Ordinance to allow the movement of more than fifty (50) cubic yards of  material to expand the clay pad and to stockpile clay, topsoil, granite, rock, sand and  gravel (earthen material) within the shoreland area of Kelly Creek while maintaining a  buffer. Also, the applicant is requesting a Conditional Use Permit as required by Section  401-C of the Lake of the Woods County Zoning Ordinance to operate a commercial  business consisting of renting storage containers and parking in a Rural Residential (R2)  Zoning District. 

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

Mr. Gamache explained that he would like to expand a pad currently on the property, stockpile  material on his pad and place storage containers on the property and rent them out. He explained  that parking is intended to be for large equipment (semi-trailers) that is in the area for large  projects.  

Discussion ensued between the Board and Mr. Gamache. Buffers and drainage were discussed. 

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

Lake of the Woods County Planning Commission 

Findings of Fact and Decision 

Name of Applicant: _Michael Gamache Date: May 2, 2018 

Location/Legal Description: The South Half of the Southwest Quarter of Section Thirty-three  (33), Township One Hundred Sixty-one (161) North, Range Thirty-one (31)  

Project Proposal: A Conditional Use Permit, as required by Sections 902 and 401-C of the Lake  of the Woods Zoning Ordinance, to allow the applicant to expand clay pad, stockpile earthen  materials within the shoreland are of Kelly Creek and rent storage containers and parking spaces.  

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? Allowing some commercial development. 

2) Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( x ) NO ( ) N/A ( ) 

Why or why not? Drainage and parking issues addressed. 

3) Is the project proposal consistent with the goal of preventing and controlling water pollution,  including sedimentation and nutrient loading? YES ( x ) NO ( ) N/A ( ) Why or why not? Addressed in conditions. 

4) Will the project proposal not adversely affect the site’s existing topography, drainage  features, and vegetative cover? YES ( x ) NO ( ) N/A ( ) Why or why not? Also addressed in conditions. 

5) Is the project proposal’s site location reasonable in relation to any floodplain and/or  floodway of rivers or tributaries? YES ( x ) NO ( ) N/A ( ) Why or why not? In conditions. 

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 ( x ) NO ( ) N/A ( ) Why or why not? In conditions. 

7) Is the site in harmony with existing and proposed access roads? 

YES ( x ) NO ( ) N/A ( ) 

Why or why not? Adjacent to County Road. 

8) Is the project proposal compatible with adjacent land uses? YES ( x ) NO ( ) N/A ( ) Why or why not? Agricultural. 

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 ( ) NO ( ) N/A ( x ) Why or why not? ______________________________________________________ 

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 ( x ) NO ( ) N/A ( ) Why or why not? In conditions. 

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 ( x ) NO ( ) N/A ( ) Why or why not? Off County Road and parking on pad. 

The specific conditions of approval are as follows: 1) Maintain 100’ buffer to Kelly Creek. 2)  Any area within the 100’ buffer needs to be sloped to a minimum of 4 to 1 and seeded with  perennial grasses. 3) Signage limited to one 8’x8’. 4) Existing drainage must be maintained.  

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 made by Marhula to approve the request with conditions.

Motion seconded by S. Lavasseur. 

All in favor, motion passed.  

  • Consideration of Conditional Use Permit Application #18-03CU by Grant &  Savanna Slick: A tract of land in Section Twenty-nine (29), Township One Hundred  Sixty-one (161) North, Range Thirty-one (31) (Baudette), Lake of the Woods County,  Minnesota – parcel ID# 24.29.22.021. 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 operation of a commercial business consisting of transient short-term rental of  an existing structure within the shoreland area of the Winter Road River and in a Rural  Residential District (R2). The Winter Road River is a tributary river segment. 

Mio asked Mr. and Mrs. Slick to come to the table and explain their request. Mr. Slick explained that they would like to rent out their property as a short-term vacation rental.  Discussion ensued between the Board and Mr. and Mrs. Slick. 

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

Lake of the Woods County Planning Commission 

Findings of Fact and Decision 

Name of Applicant: Grant and Savanna Slick Date: May 2, 2018 

Location/Legal Description: A tract of land in Section Twenty-nine (29), Township One  Hundred Sixty-one (161) North, Range Thirty-one (31) 

Project Proposal: A Conditional Use Permit, as required by Section 401-C of the Lake of the  Woods County Zoning Ordinance, to allow the applicant to operate a commercial business  consisting of transient short-term rental of an existing structure in a Rural Residential District  (R2). 

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? Existing residential. 

2) Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( x ) NO ( ) N/A ( ) 

Why or why not? No change. 

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? No new access needed, access via Co Rd. 

8) Is the project proposal compatible with adjacent land uses? YES ( x ) NO ( ) N/A ( ) Why or why not? Residential. 

9) Does the project proposal have a reasonable need to be in a shoreland location? YES ( x ) NO ( ) N/A ( ) 

Why or why not? Existing and vacation rental. 

10) Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal  system adequate to accommodate the project proposal? YES ( x ) NO ( ) N/A ( ) 

Why or why not? In conditions. 

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? Not affected. 

12) Is the site adequate for water supply and on-site sewage treatment systems?  YES ( x ) NO ( ) N/A ( ) Why or why not? In conditions. 

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 ( x ) NO ( ) N/A ( ) Why or why not? No change. 

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 ( ) NO ( x ) N/A ( ) Why or why not? Not required/wooded lot. 

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 ( x ) NO ( ) N/A ( ) Why or why not? On-site parking. 

The specific conditions of approval are as follows: 

1) Septic compliance inspection.  

2) Apply for State and Fed. ID Tax numbers and collect and pay lodging taxes.  3) CUP terminates on sale or transfer of property. 

Approved as Presented ( ) Approved with Conditions ( x ) Denied ( ) 

Motion made by S. Lavasseur to approve the request with conditions. 

Motion seconded by McFarlane. 

All in favor, Marhula abstained, motion passed.  

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

Adjournment: 

M/S/P Head/McFarlane, meeting adjourned at 8:01 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