LAKE VERMILION- A proposed Black Bay campground to serve disabled veterans that was denied a rezoning request for the business in May has opened for business anyway, sparking a complaint to the county Planning Commission.
At a May 11 Planning Commission meeting, Rough-N-It, a Britt nonprofit organized by Christine Wyrobek, sought to have the 44.8-acre water-access- only site and two .32-acre mainland lots to be used for parking rezoned from residential to shoreland multiple use to accommodate the campground. A commercial planned development such as the proposed Rough-N-It campground is not an allowed use in areas zoned for residential use.
The rezoning request was rejected on a 7-1 vote, but that apparently didn’t stop Wyrobek from moving ahead with development of the campground. In an Aug. 17 post to the Rough-N-It Facebook page, Wyrobek declared the campground open for business.
“We are excited to offer an introductory glamping experience in Superior National Forest and on the doorstep of the Boundary Waters on beautiful Lake Vermilion, Cook Minnesota. Regular Camper Package: $100 per Night. US Veterans Package: $10 per NIGHT!!!! Complimentary amenities can include a canvas tent, including cozy bedding for four, comfortable seating, cooking utensils, cooler with ice and water, loveable loo and solar shower, rowboat, dock, solar lighting, fish cleaning table, dish pans, cooking stove, pots and pans, French press for coffee and amazing secluded wilderness experience,” the post said.
Accompanying the post were pictures of the campground, featuring one attractively appointed canvas tent atop a wooden platform, complete with a rug, couch, bed, dresser, and more. The high-end camping experience, known as “glamping” has become increasingly popular and it is a trend that Wyrobek is apparently hoping to tap into, despite the county’s reluctance to rezone the site. Twelve campsites were available, the post said, although most remain more primitive than the site featured on Facebook. Wyrobek’s original proposal, which the county rejected, called for building 47 campsites.
Strong opposition
According to the minutes of the May 11 meeting of the planning commission, naysayers far outweighed Wyrobek’s supporters, with three speaking in favor of the proposal because of the intent to serve disabled veterans, while 42 members of the audience spoke against it. Of the 18 pieces of written correspondence received by the commission prior to the meeting, 17 were in opposition, according to Planning and Community Development senior planner Mark Lindhorst.
One of the documents was a formal resolution from the Beatty Township town board opposing the campground. The board noted unanimous opposition at the annual town meeting in March supported by a petition of over 100 people against the campground. A major concern of the board was the increase in traffic the campground would bring to Raps Road, described as the most scenic but most dangerous road in the area, said town board supervisor Earl Grano. The resolution also expressed doubt about emergency services reaching the water-access-only campground in a timely manner in the event a disabled veteran would need them, particularly given possible adverse weather conditions and the site’s steep slopes.
Wyrobek addressed the commissioners, stressing that the lots in question are in an area designated by the county’s Comprehensive Land Use Plan (CLUP) for lakeshore development. Such areas are designated in the plan as ones that can reasonably be expected to support additional growth or redevelopment, she said. The CLUP is the governing document according to state statute, with zoning regulations merely serving as an administrative tool for implementation of the plan, Wyrobek argued. She said that the county must act in favor of the landowner in situations related to the CLUP. Those points were reiterated by Wyrobek’s attorney, Julie Padilla, who said that the lakeshore development area clearly allowed the use proposed by Wyrobek. To not approve the rezoning in light of the CLUP could give rise to a legal challenge, she suggested.
Among the opponents to speak was Lori Melbostad, a Raps Rd. resident, who stated that she submitted the petition against the campground. She said 187 signatures were collected in only four days, and that if there had been more time the number would have been much larger. She said there wasn’t one person in the group who does not support veterans, but that the decision should not be to the detriment of everyone in the area.
Numerous people talked about how rezoning for the campground would negatively affect their properties, threatening the quality of life they expect to have in a residentially zoned neighborhood. Others expressed concern that rezoning Wyrobek’s property would open the door to some other type of business development, as the decision would not restrict the use to only a campground. Many suggested the rugged nature of the land was not suitable for the size or type of development proposed by Wyrobek. Safety issues regarding Raps Road were also reiterated.
Dick Nowlin, another nearby resident, said he has been a land use attorney for 45 years and countered Wyrobek’s argument, saying that the CLUP does not control the issue. He also noted that veterans have the option of nine cabins at Whispering Winds resort and numerous other resorts that welcome veterans who come to Lake Vermilion, and that there was no need for additional property.
Several comments focused on a statement in the staff report developed for the hearing that said Wyrobek’s request fell into the category of spot zoning. Spot zoning is zoning to discriminate in favor of one lot or parcel out of harmony with surrounding lots or parcels and the comprehensive or land use plan, and without benefit to the community. Spot zoning is illegal under Minnesota law.
When commissioners began discussing the request, commission member Tom Coombe agreed that it was spot zoning and said that the commission should not make an unjustified change because it was illegal.
Commission member Dan Manick raised the issue of property ownership, noting that Padilla had acknowledged that one of the parcels in question was owned by someone other than Wyrobek, a party identified during public comment as Lutheran Social Services. Wyrobek is listed as the owner of record for the parcel, and she told the commission that they had encountered an issue because the land was an inheritance. She said she had a letter from the landowner supporting the rezoning request. Manick asked if it would have been better to wait until the ownership issue was settled before filing the rezoning request, and commission member Diana Werschay said she did not understand how someone could ask for rezoning of a property they do not own. While Wyrobek is the owner of record, Werschay said she did not know who owns the property.
Commission member Steve Filipovich, the sole member who voted for the request, said he believed that the property would be developed no matter what happened at the hearing. Filipovich said he was in favor of passing the request and sending it on to the county board of commissioners to consider.
In their decision to reject the request, the commission noted that only the two mainland parcels fall within a lakeshore development area as the parcels used for the campground itself are in the forest and agriculture land use category. Those areas are not intended for future rural or urban development, according to the commission. They said the proposed use was not consistent with the CLUP and that a rezoning would constitute spot zoning because it would only benefit Wyrobek. The commission noted that there are ample areas zoned shoreline multiple use on Lake Vermilion already that would allow for new development, and no clear public need was evident to support the rezoning.
The Timberjay called Wyrobek on Tuesday morning to give her an opportunity to explain the rationale for her decision to begin campground development in spite of the commission’s decision. She said she would provide a written statement to the newspaper, which she did that afternoon. She later rescinded her permission for the Timberjay to cite from it.
Current status
Senior planner Mark Lindhorst responded to an email from the Timberjay by saying that the county is aware of the situation and that they are following their standard compliance process once a complaint has been received.
“Resolution often does take some time,” he said.
Because the compliance process has been initiated, Lindhorst said he is unable to share any additional information about the situation until a resolution of the matter has been reached.