Stearns County board grants after‑the‑fact variance for lakeshore deck, approves dormer addition

The Stearns County Land Use and Zoning Board voted to grant an after‑the‑fact variance to leave a 470‑square‑foot deck built closer than the ordinance allows on Rice Lake and separately approved a variance to permit a 16‑foot‑wide dormer addition on the same house.

The decision affects property listed in the application as Lot 2, Block 1 of Victor’s Addition in Eden Lake Township (address: 16453 240 Seventh Avenue). The board heard staff and applicant testimony and took public comment before voting to approve both requests.

Jamie (Environmental staff) told the board the Walters purchased the 1.6‑acre parcel in February 2019 and that the 2,080‑square‑foot dwelling and an original deck were permitted and constructed by a prior owner in 1989. According to the certificate of survey provided with the application, current lot area is 72,238 square feet and the site lies in the R‑1 zoning district and shoreland overlay. The existing deck is 470 square feet and sits about 80 feet from the ordinary high water level (OHWL) of Rice Lake; the ordinance requires a 100‑foot setback. Staff said the proposed dormer addition would be approximately 95 feet from the OHWL and would not increase impervious surface.

Jason Long of Oak Ridge Construction, representing Kurt and Jan Walter, said the deck and the dormer date to the original build and that the owners seek to leave the deck as constructed and to replace an existing shed dormer and chimney with a gable‑style dormer. “It’s purely aesthetics. Yep. Purely aesthetics,” Long said when asked about the purpose of the dormer, and he added the work would not extend the structure closer to the lake.

Board members discussed whether the after‑the‑fact request and the proposed dormer aligned with the county’s directives to protect water resources while weighing the hardship on the property owners. Several members said the deck had existed for decades, that tearing it off would impose a substantial burden, and that the proposed dormer did not further encroach toward the water. One board member noted the county’s comprehensive plan objective for “Lakeshore Living” when justifying a yes vote; another expressed concern that the deck was “20% above or 20% closer than it should be,” but still voted to approve.

The board voted to approve the after‑the‑fact variance for the deck on a motion by Dave, seconded by George, and later approved the dormer variance on a motion by Rob, seconded by Mike. Staff reported majority affirmative findings for the required criteria in both cases. The record includes a neighbor signature (Kim Goff) in support, which staff confirmed was in the packet, and the subsurface sewage treatment system was certified compliant in February.

The approvals allow the Walters to retain the existing deck and to construct the proposed dormer without further reduction in the lake setback. The board did not attach additional conditions to the approvals during the meeting.

Less‑critical details: staff notified Eden Lake Township, the Rice Lake Association, the North Fork of the Crow River Watershed District, the Minnesota Department of Natural Resources and property owners within 500 feet; no correspondence opposing the request was reported.