Board denies variance to build inside bluff impact zone after multiple prior denials and DNR/court commentary

The Morrison County Board of Adjustment on March 18 denied a request by Kevin and Felicia to construct a dwelling that would encroach 15 feet into the bluff setback on Lake Alexander.

Land Services staff Amy presented the application and materials, telling the board the request cited Morrison County Land Use Ordinance section 706.01 and 706.1(E) and that the packet included prior hearing materials, a survey and site photos. Amy said the parcel has a 40,000-plus-square-foot building envelope that meets setbacks and that a pending land-use permit for a conforming dwelling remains incomplete pending a septic design.

Nut graf: The application drew four written comments, including a letter from the Minnesota Department of Natural Resources (DNR) that outlined past denials and quoted a March 8, 2024 District Court (Seventh Judicial District) summary upholding the board’s prior denial. The Soil and Water Conservation District director also filed repeated opposition citing unstable soils and the availability of alternate building locations on the property.

Amy read the DNR letter aloud into the record that summarized the court finding: “The board denied the variance due to, among other reasons, determining that the alleged plight of the applicants was owner created and thus no practical difficulty exists...the board determined that there was not a practical difficulty due to circumstances unique to the property, but rather one created by the owners.” The DNR letter recommended denial again.

Applicant Kevin Bush used his allotted time to contest prior findings and to present engineering and solar analyses that he said supported locating the dwelling where proposed. He argued the proposed location preserves tillable land, protects a shared driveway, supports rooftop solar access and reflects an historic building site; he told the board, “If you vote no on this variance, you're taking that land from me.”

Board members reviewed the six variance criteria individually. Several members said they were conflicted; some agreed aspects of the application were reasonable but ultimately that a conforming site was available on the same parcel. Board discussion repeatedly referenced the prior denials (2019, 2020, 2023), the court affirmation, the Soil and Water District’s technical comments and the DNR recommendation.

A motion to deny the variance was made and seconded; the chair called the roll and the motion to deny passed. The chair announced: “Variance is denied at this time.” The board directed the applicants to work with Amy and County staff on any subsequent permits.

Ending: The denial preserves the bluff setback enforcement; staff noted a conforming permit application remains pending and incomplete pending septic design.