Stearns County board grants variances for garage rebuild, after‑the‑fact decks at Ashview Road cabin

The Stearns County Board of Adjustment on March 13 granted multiple variances for a Lake Louisa property at 12862 Ashview Road, approving an after‑the‑fact request to leave illegal deck additions in place and a variance to allow replacement and modest expansion of an existing nonconforming garage, with a condition that a nearby water‑oriented lean‑to be moved to meet setback requirements before the garage project is completed.

The board voted after staff presented background showing the property is split‑zoned R‑1 in the areas affected, that portions of the site predate current controls, and that a mix of added structures and earlier unauthorized work triggered the application. Staff told the board that the replacement garage would be 18 feet 5 inches to the peak (the existing garage measured about 12.58 feet) and that one water‑oriented accessory (a lean‑to for firewood) sits about 9.7 feet from the side property line and partially within the 100‑year floodplain.

Environmental services staff said the owners acquired the 2.07‑acre tract in March 2020 and supplied a certificate of survey. The existing principal residence sits about 72.9 feet landward of the ordinary high water level (a 2.8% deviation from the required setback); earlier nonpermitted decks and later additions have produced additional deviations, including a deck 64.3 feet landward of the ordinary high water level (a 14.27% deviation). Staff noted the property is in the Lake Louisa shoreline overlay district (general development lake) and that a subsurface sewage‑treatment system compliance inspection must be completed by June 15.

Owner Chris Swanson told the board the garage needed replacement after a delivery driver struck it in January 2024. “The footprint itself is staying the same,” Swanson said about the rebuilt garage, adding he intends attic trusses to provide limited storage but not living space. Swanson said he constructed the lean‑to about two years ago without checking setbacks and said he would move it if required.

Board members completed the required findings of fact under Stearns County land use and zoning rules and voted to grant the after‑the‑fact variance for the decks and the variance to allow the garage expansion. After approval of the garage variance the board approved an explicit condition that the water‑oriented accessory be moved to meet the 10‑foot side setback prior to the garage project’s completion. The board recorded the findings as affirmative across the statutory questions used to evaluate variances.

Staff identified a limited set of alternatives the applicants could pursue, including removing the illegal decks and replacing them with four‑foot walkways, relocating the lean‑to to 10 feet from the side property line, or rebuilding the garage to the previous dimensions without a variance. Staff also said an 8 by 12 shed on the parcel contributes to the property’s accessory‑structure area; the county’s accessory allocation allows 1,800 square feet total and the proposed garage is within sidewall and overall height allowances (the county limit is 20 feet overall).

The board’s motions to grant the variances were made, seconded and approved (motion passed). Board discussion noted the decks and other nonconformities dated from prior ownership and that replacing a damaged garage was a reasonable use; several members said the replacement would not exceed current height limits even though it expands a nonconforming structure. The condition to relocate the water‑oriented lean‑to was added by motion and approved by the board.

The board did not adopt other special requirements beyond the lean‑to condition. Staff advised the applicants that additional approvals (for example, a sewage‑system compliance inspection and any DNR or watershed district requirements) remain applicable.