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Board allows Little Birch dwelling to remain below flood-protection elevation; approves new garage with condition
Summary
The board approved leaving a 26-by-40 dwelling as constructed despite a lowest-floor elevation below the regulatory flood protection elevation and approved a new detached garage while requiring removal of an existing nonconforming garage by September under a compliance agreement.
The Stearns County Board of Adjustment approved multiple requests from Mitchell and Aaron Cannon involving a property on Little Birch Lake.
After staff reviewed the site history and a Department of Natural Resources (DNR) comment that recommended denial because the dwelling’s lowest floor is below the regulatory flood protection elevation, the board considered three interrelated items: (A) leave as constructed a 26-by-40 dwelling whose lowest floor was 2.07 feet below the regulatory flood protection elevation; (B) a variance to construct a new 28-by-32-foot accessory structure 27.2 feet from the ordinary high-water level (OHWL) and within the shore impact zone; and (C) if the new accessory structure were denied, retain an existing larger garage that is closer than the required…
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