Morrison County board approves variance for Fishtrap Lake home addition with stormwater condition

The Morrison County Board of Adjustment on Sept. 2 approved a variance that lets Steven and Kathleen Johnson add a 940-square-foot walkout addition to a nonconforming dwelling at 30887 Fishtrap Lake Drive in Cushing, contingent on an engineered stormwater plan to address driveway runoff.

During a staff report, Amy, Land Services staff, told the board the ordinance sections that apply are "706.1, b and e," and presented aerial photos, a survey and site drawings showing the existing 1,064-square-foot, two-story walkout dwelling built in 1974 and located about 85 feet from the lake. The submitted survey indicates a 24,994-square-foot building envelope; a board member later referred to the envelope as "about 29,000 square feet" during discussion.

The board’s approval followed the six-factor variance review required by county practice and Minnesota statute. Board members answered each of the six review questions in the affirmative, citing that the dwelling pre-dates a bluff determination made in 1990 and that the applicant revised plans to move the addition away from the bluff and to stay within the identified building envelope. During discussion members repeatedly emphasized concern about bluff sensitivity and surface-water runoff.

Board members raised a specific erosion concern at the driveway where runoff has begun to scour toward the bluff. The applicant told the board he has engaged an engineer and a landscape contractor to address the area; one board member said the applicant had "already submitted an engineered" plan and asked that the plan be updated to explicitly cover the driveway runoff. The board added a condition that the variance approval is contingent on an engineered stormwater plan for the driveway runoff being approved by Land Services prior to implementation.

Motion and vote: The motion to approve the variance as requested, with the engineered-stormwater-plan condition, was made by Brent and seconded by Clint. The transcript records the members answering "aye" during the roll call; members specifically recorded as voting in favor were Brent, Marv, Clint and John. The chair announced the requested variance was approved.

Why it matters: The property sits partly within a designated bluff impact zone, an area the board described as "very sensitive." Board members said the condition requiring Land Services approval of an engineered plan aims to reduce the risk of additional bluff erosion and protect shoreline resources while allowing the homeowners to expand an existing, legally nonconforming structure.

Next steps and other business: The Johnsons must provide the revised engineered stormwater plan and receive Land Services approval before work governed by this variance may proceed. The board approved minutes from its Aug. 19 meeting and adjourned at 7:58 p.m.