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Board denies after-the-fact deck and temporary RV requests for Big Lake parcel
Summary
The Stearns County Board of Adjustment denied both an after-the-fact variance to leave a 14-by-20 concrete deck 62 feet from Big Lake’s OHWL and a variance to place two temporary RVs inside the 100-foot lakeshore setback. Staff noted a history of complaints, DNR and neighbor correspondence, and emphasized the county’s shoreland setback standards.
The Stearns County Board of Adjustment denied two after-the-fact requests from Jody Nelson and Dana Nierhausen concerning a Munson Township lot on Big Lake: (A) to leave as constructed a 14-by-20-foot concrete deck located about 62 feet from the ordinary high water level (OHWL) on a lake classified as recreational development (100-foot setback required), and (B) to allow two temporary recreational vehicles 67 and 78 feet from the OHWL on the same lot.
Environmental services staff said county records show the property was acquired in 2023, and that a concrete slab/deck was constructed without a permit in 2020; the county received complaints in 2023 about multiple RVs stored on the lot and investigated. The property owners removed the temporary RVs after the complaint; the county later received the variance requests. Staff also noted prior variances and the county’s 2021 ordinance changes that tightened standards for temporary RVs in shoreland areas; those standards now require temporary RVs to meet the 100-foot setback and limit temporary RV presence to 30 days per calendar year with a provisional-use registration.
Applicants and counsel described mitigation steps (landscaping and other measures) and said they had tried to keep uses out of the shore impact zone. Neighbors and the Department of Natural Resources submitted written comments; the transcript records that staff circulated DNR and neighbor correspondence in the board packet. Board members discussed the definition question of deck versus patio (county staff’s interpretation treats a horizontal structure above grade as a deck and therefore requiring a permit and setback), enforcement practicality for 30-day temporary RV limits, and the fact that most of the lot is within the 100-foot setback so no compliant placement exists for those RVs.
On the deck, the board recorded three “no” votes on the statutory questions and moved to deny the after-the-fact request. On the temporary RVs, several members also concluded the variance would not be in harmony with shoreland purposes; the board voted to deny that request as well. The transcript notes the denials were recorded after roll-call votes.
Ending: Staff will continue enforcement where complaints arise and will work with owners on compliance if they seek alternatives; the denials confirm that building or placing temporary units inside the 100-foot lakeshore setback was not permitted in these cases.
