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Board approves large after‑the‑fact resort variances for EBSB Holdings along 8th Crow Wing Lake

2217116 · January 27, 2025
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Summary

The Hubbard County Planning Commission Board of Adjustment unanimously approved a multi-part after‑the‑fact variance package for EBSB Holdings LLC covering decks, structures and expansions at a resort on 8th Crow Wing Lake, with the board finding the uses reasonable for a resort setting and adopting consolidated findings of fact.

Hubbard County’s Planning Commission Board of Adjustment voted Jan. 27 to grant a bundled set of variances to EBSB Holdings LLC for resort property on 8th Crow Wing Lake, approving after‑the‑fact relief for multiple nonconforming structures and expansions across several parcels.

The board approved application 68‑V‑24 in five parts: after‑the‑fact variances under section 701 of the Shoreland Management Ordinance to expand a nonconforming use onto additional parcels, to allow new structures devoted to a nonconforming use where none previously existed, and for deck additions that further reduce the county road right‑of‑way setback. The affected parcels include parts of Government Lot 1, Section 13 and Government Lot 6, Section 12, Township 140 Range 33 (parcels 21.12.01000, 21.13.00920, 21.13.01000, 21.13.01100, 21.13.01200 and 21.13.01300).

The decision was framed around the resort context: commissioners said the after‑the‑fact structures are consistent with typical resort uses and that, because County Road 33 through the property is posted at 30 mph, the county right‑of‑way setback functions more like a township road’s 20‑foot standard. Commissioner Veronica said that lower posted speed helped the board view the decks bordering County 33 as reasonable, and Commissioner Mike noted the proposed deck distances are similar to neighboring cabins.

Owners Ed and Sarah Becker addressed the board after the hearing opened. Ed Becker described several items as having been built incrementally over years and said he “didn't realize that that would take a permit, and that's the honest truth” when relocating a storage shed. Becker also said work on certain decks occurred quickly in 2019 during a personal family health crisis and explained the renovations were completed while workers were available.

Planning staff and commissioners discussed safety and tree cover along County Road 33, proximity of existing cabins and the fact that much of the resort’s work lies beyond the 100‑foot ordinary high‑water setback. Eric, the planning staff member on the record, advised that, given the number and similarity of requests, a single motion and consolidated findings would reduce the risk of gaps in the record.

Veronica moved to approve variance application 68‑V‑24, parts 1 through 5, and Larry seconded. Commissioners recorded unanimous “aye” votes and the motion carried. The board adopted findings addressing harmony with official controls, the reasonableness of resort accessory features (pickleball and basketball courts, storage structures, walkways, generator pad and decks), practical difficulty, and maintenance of the locality’s essential character.

The board instructed the applicant to obtain outstanding permits; staff reminded the applicants they have up to five years to act on a granted variance but encouraged timely permit applications given existing violations were discussed during the hearing.