Board approves variance for new nonconforming home and attached garage with stormwater, impervious-surface and height conditions

The Morrison County Board of Adjustments on Aug. 19 approved a variance allowing Darren and Sherry Holst to replace a 1978 seasonal dwelling with a new year‑round home and attached garage located close to the county road right-of-way and north property line, subject to four conditions: an approved stormwater management plan; reduction of impervious surface to 25 percent or less (including removal of asphalt and concrete); no further encroachment toward the road right-of-way than currently exists; and construction limited to a single story above a basement not to exceed a total height of 20 feet.

Amy, a Morrison County Land Services shoreland specialist, described the application as a variance request to construct a dwelling and attached garage within the required county road right-of-way setback (Ordinance §7 0 6.1 b requires a 40-foot setback) and within the 10-foot side-yard setback. The existing dwelling, built in 1978, is about 1 foot from the road right-of-way and about 2 feet from the north property line. The applicant proposes a new home with an attached garage at approximately 1 foot from the road right-of-way and 2 feet 9 inches from the north property line; the lake setback would continue to be met.

The property uses a septic holding tank; staff said there is not adequate room on the lot for a full treating septic system and that the applicant plans to replace the holding tank with a new unit. The regulatory floodplain elevation requires the lowest floor to be 2 feet above the regulatory flood elevation; the applicant proposes a walkout design and sought alternative flood‑proofing measures (which would require a conditional use permit) because there is insufficient room to achieve required fill between the proposed building and the road.

Board members who visited the site said the lot is unusually shaped and sandy, with a long distance of beach between the building site and the water. They noted the building envelope is constrained (the lot is roughly 30,000 square feet with about 1,115 square feet of buildable envelope under setbacks) and the proposed new construction would occupy a small percentage of the lot but would be closer to the road than typical modern construction. The county engineer participated in the development review team and said he had no issue with the structure at its current location but would not support further encroachment toward the road.

Public comment included a neighbor, Carl Lair of 34519 Aztec Road, who asked whether the county measures setbacks from ordinary high water mark and raised concerns about how raising the basement 2.2 feet and changing the roof pitch could alter sight lines and view to the lake. Amy confirmed setbacks are measured from the DNR-defined ordinary high water mark and said the board could condition the approval to limit height and roof form; the board added a height limit to address neighbors’ concerns.

Board members discussed floodplain rules that treat substantial improvement differently from replacement; staff explained that attaching the garage to a reconstructed dwelling could require elevating the entire structure under floodplain regulations. The board settled on four conditions recommended during discussion: (1) submit and obtain Land Services approval of a stormwater management plan; (2) reduce impervious surface to 25% or less, including removal of specified asphalt and concrete; (3) no further encroachment into the road right-of-way beyond existing conditions; and (4) the new dwelling shall be single story above a basement and shall not exceed 20 feet in total height.

The motion to approve the variance was made by Brent and seconded by Clint. Votes recorded in the hearing were Brent: aye; Marv: aye; Clint: aye; John: aye. The board approved the variance with the stated conditions and instructed the applicant to work with Morrison County Land Services on required plans and approvals.