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Board grants after‑the‑fact variances for two lakeshore decks and covered entry in bluff impact zone
Summary
After a hearing and staff review, the board approved variances to leave as constructed two lakeside decks (one seven feet from the side property line) and a covered entry within the bluff impact zone on Horseshoe Lake, subject to required after‑the‑fact permits and vegetation remediation.
RICHMOND, Minn. — The Stearns County Board of Adjustment on Feb. 13 approved after‑the‑fact variances allowing two decks and a covered entry to remain on a Horseshoe Lake lot in the bluff impact zone after the owner reconfigured and partially reduced the former deck footprint.
What staff reported
Environmental staff said the cabin and original deck dated to 1968 (pre‑ordinance) and that the current owner, who purchased the property in April 2024, replaced the old deck and added a small covered entry without obtaining permits. Staff noted the property lies inside the Shoreland Overlay District and the bluff impact zone; Horseshoe Lake is a recreational development lake listed for nutrient concerns. The new deck is slightly smaller in total square footage than the previous structure but was reconfigured with sections moved closer to the lake and a 7‑foot side property line setback where 10 feet is required. Vegetation had been removed prior to the sale, and staff said the owner agreed to a vegetation restoration plan that must be completed under county supervision.
Applicant testimony and board review
Owner Trent Theiss said he did not realize the work required county and township permits and that the new design reduced the deck’s overall footprint and pulled portions of decking back two feet from the lake. He added he had arranged to replant vegetation as requested by staff. Board members discussed the difference between replacing a structure to its prior configuration (which under state law can sometimes proceed with permits) and expanding or reconfiguring a nonconforming structure in a bluff impact zone. Members considered the five after‑the‑fact factors (good faith, substantial investment, completed construction, presence of similar nearby structures, and relative county benefit vs. owner burden).
Decision and conditions
After completing the required findings, the board voted to approve the requested variances. The board and staff clarified the approvals are contingent on obtaining an after‑the‑fact construction site permit, completing required vegetation restoration in accord with staff plans, and complying with shoreland and township building codes before finalizing permits.
Why it matters
Bluff impact zones are among the county’s most sensitive areas for erosion and runoff. The board’s decision allows the owner to keep the currently constructed decking and entry but couples the approval to remediation and permit requirements intended to protect the lake and stabilize the bluff.
Ending
Staff said it will coordinate with the owner on the required after‑the‑fact permit, vegetation restoration and any township code permits. The owner was advised to contact county staff for the schedule and conditions.
