Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on October 2, 2019 

Tom Mio opened the meeting at 7:00 pm with the following member present: Scott Head,  Marshall Nelson, 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: September 4, 2019 

M/S/P Head/Johnson 

Conflict of Interest Disclosure: 

– None 

Planning Commission – New Business 

– Consideration of Petition to Amend the Lake of the Woods County Zoning  Ordinance Application #19-01ZC by Scott Wold: A tract of land in the NE¼ of  the SE¼ Section Twenty-one (21), Township One Hundred Sixty-two (162) North,  Range Thirty-Two (32) West – Parcel ID#s 19.21.13.020 and 19.21.13.021. Applicant  is requesting a zone change from Special Protection to Rural Residential (R2) to  allow the construction of a dwelling and mound septic system. 

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

Mr. Wold would like to build a pole barn and small cabin with a septic system. He would like to  fill the allowable 10,00 sq ft allowed by the Wetland Conservation Act. The Commission asked  about the soils and two suitable sites for septic. Mr. Wold explained that he hired a local septic  designer to find two suitable sites for septic, they found two suitable sites but when the county  went out to verify the soils, they could not find 12” of useable soils. Mr. Wold brought s second  site designer to the site who also found 12” of useable soil but once again the county did not  verify his findings. Finally, a licensed soil scientist came out, conducted woil borings and found  no suitable sites for septic. Mr. Wold expressed his desire to be allowed to build like those  around him have. 

Discussion ensued between the Commission and Mr. Wold, topography, elevations, soils verifications, zoning and the non-permitted structures on the site were discussed. The  Commission expressed concerns the Mr. Wold was planning to run and ice fishing businees from  this lot based on the number of ice houses (5) that he was storing on his lot.  

Members of the public made commonets on this zone change request.  

Hearing no more comments or questions, the Commission moved on to the Findings of Fact.

Lake of the Woods County  

Rezoning 

Findings of Fact and Decision 

Name of Applicant: Scott Wold Date: October 2, 2019 

Location/Legal Description: Tract of land in the NE¼ of the SE¼ Section Twenty-one (21), Township One  Hundred Sixty-two (162) North, Range Thirty-Two (32) 

Current Zoning Classification: Special Protection (SP) Proposed: Rural Residential (R-2) Parcel Number(s): 19.21.13.020 and 19.21.13.021 Application Number: 19-01ZC 

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? ___Yes _X_No 

Comments: Located in National Wetland Inventory. 

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

classification? _X_Yes ___No 

Comments: North is zoned RR2 but South and East is Special Protection. 

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

 X_Yes ___No 

Comments: Will allow additional residential structures. 

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? ___Yes _X_No 

Comments: Rural resident on a private road. 

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

Comments: Private road – REA adjacent.

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: Zone change would be for this applicant only. 

7. Has there been a change in the development in the general area of the property in  questions? ___Yes _X_No 

Comments: Slated for this lot only. 

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

neighborhood? ___Yes _X_No 

Comments: It will not. 

Conditions: Applicant must provide plans to meet State and county septic systems for two sites. 

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. 

_____________________________________ _____________ 

Tom Mio Date 

Chair, Planning Commission 

Motion made by Marshall Nelson to approve the request with the condition.  

Motion was seconded by Scott Head 

In Favor: Marshall Nelson, Scott Head, Wes Johnson 

Opposed: Tom Mio, Dave Marhula 

Motion approved with conditions 

– Consideration of Conditional Use Permit #19-11CU by Edward and Donna Fish: Lot 24, Block 1, Lukes Estates, Section Twenty-four (24), Township One Hundred  Sixty-two (162) North, Range Thirty-two (32) West – Parcel ID# 19.58.01.240. Applicant is requesting a Conditional Use Permit as required by Section 401-B of the  Lake of the Woods County Zoning Ordinance, to operate a commercial business  consisting of a short-term vacation rental in a Residential District (R1).

Mio asked Mr. Fish to come forward and explain his request. 

Mr. Fish explained that he would like to operate a short-term vacation rental on his property. He  is currently renting the property long-term.  

Discussion ensued between the Commission and Mr. Fish. Septic systems, sewer, parking and  house size were discussed. 

Mio asked for additional questions or comments, hearing none he moved on to the Findings of  Fact.  

Lake of the Woods County Planning Commission Findings of Fact and Decision 

Name of Applicant: Edward and Donna Fish Date: October 2,  2019 

Location/Legal Description: Lot 24, Block 1, Luke Estates, Section Twenty-four (24), Township One  Hundred Sixty-two (162) North, Range Thirty-two (32) – Parcel ID# 19.58.01.240. 

Project Proposal: A Conditional Use Permit, as required by Section 401-B 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 Residential District (R1). 

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? Allow rental in resort area. 

2) Is the project proposal consistent with maintaining the public health, safety, and welfare?  YES ( ) NO ( ) N/A (X) Why or why not? _____________________________________________________ 

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? Existing county roads. 

8) Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( ) Why or why not? Resort and cabin area. 

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 (X) NO ( ) N/A ( ) Why or why not? To be hooked up to Sanitary District. 

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 (X) NO ( ) N/A ( ) Why or why not? See #10. 

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 ( ) 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? Parking adequate on site. 

The specific conditions of approval are as follows: Subject to local lodging tax. Subject to  Department of Health regulations. Must have or pass septic inspection or hook up to Sanitary  District.

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 ( ) 

October 2, 2019 _____________________________________  Date Tom Mio  Chair, Planning Commission 

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance. 

Marhula motioned to approve with conditions. 

Seconded by Nelson. 

All in favor, none opposed. Motion passes. 

– Consideration of Conditional Use Permit #19-12CU by Craig Haukaas: Lot 8,  Block 1, Wabanica Woods Subdivision, Section Seven (7), Township One Hundred  Sixty-one (161) North, Range Thirty-one (31) West – Parcel ID# 24.62.01.080.  Applicant is requesting a Conditional Use Permit as required by Section 902 of the  Lake of the Woods County Zoning Ordinance, to cumulatively move more than fifty  (50) cubic yards of material within the shoreland area of Wabanica Creek. Wabanica  Creek is a tributary river segment. 

Mio asked Mr. Haukaas to come forward and explain his request. 

Mr. Haukaas explained that he brought in fill to his back lot to be used as parking now and  eventually be used as a building pad. The front lot is so small that there is not much room for  anything on the front lot. 

Mio asked for additional questions or comments, hearing none he moved on to the Findings of  Fact.  

Lake of the Woods County Planning Commission Findings of Fact and Decision 

Name of Applicant: Craig Haukaas Date:  October 2, 2019 

Location/Legal Description: Lot 8, Block 1, Wabanica Woods Subdivision, Section Seven (7),  Township One Hundred Sixty-one (161) North, Range Thirty-one (31) – Parcel ID# 24.62.01.080. 

Project Proposal: A Conditional Use Permit, as required by Section 902 of the Lake of the Woods  County Zoning Ordinance, to cumulatively move more than fifty (50) cubic yards of material  within the shoreland area of Wabanica Creek.

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? Residential building. 

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

Why or why not? _____________________________________________________ 

9) 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? ______________________________________________________ 

10) 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? ______________________________________________________ 

11) 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? ______________________________________________________ 

12) 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? ______________________________________________________ 

13) Is the site in harmony with existing and proposed access roads? YES (X) NO ( ) N/A ( ) Why or why not? Existing county road. 

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

15) Does the project proposal have a reasonable need to be in a shoreland location?  YES (X) NO ( ) N/A ( ) Why or why not? Existing lot and road. 

16) 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? ______________________________________________________ 

17) 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? ______________________________________________________ 

15) Is the site adequate for water supply and on-site sewage treatment systems?  YES ( ) NO ( ) N/A (X) Why or why not? ______________________________________________________

18) 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? _____________________________________________________ 

19) 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? ______________________________________________________ 

10) 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? ______________________________________________________ 

21) 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? ______________________________________________________ 

22) 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 ( ) NO ( ) N/A (X) Why or why not? _______________________________________________________ 

The specific conditions of approval are as follows: 

_____________________________________________________________________ 

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 (X) Approved with Conditions ( ) Denied ( ) 

October 2, 2019 _____________________________________  Date Tom Mio  Chair, Planning Commission 

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance. 

Head motioned to approve. 

Seconded by Marhula. 

All in favor, none opposed. Motion passes. 

With no further business, Mio entertained a motion to adjourn the meeting. Motion to Adjourn: M/S/P Marhula/Johnson 

With no further business, Mio entertained a motion to adjourn the meeting. 

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.