Hubbard County Planning Commission and Board of Adjustment: key approvals, denials and a major after‑the‑fact shoreline enforcement action

The Hubbard County Planning Commission and Board of Adjustment met to consider a final plat and a slate of variance applications involving shoreline setbacks, grading, and nonconforming structures. The commission approved the final plat for Country Line Estates, granted several variances with conditions, denied other variance requests and voted to table a complex application involving multiple existing guest cabins and a noncompliant septic system.

Why it matters: Many applications involved the Shoreline Management Ordinance (SMO). Where variances were approved, the commission either attached conditions (for stormwater/gutter controls or future rebuilding) or limited approvals to specific existing features; other approvals were limited to structures judged preexisting or necessary for erosion control. One after‑the‑fact application produced a split decision: commissioners required removal and restoration of a sand beach and removal of unauthorized platforms and a gazebo, while allowing some existing stonework and a larger shed to remain under conditions.

Key outcomes (see full vote list below): commissioners approved the Country Line Estates final plat (7 lots, 40 acres), approved a series of variances for repairs and additions at several lake properties, denied at least one proposal for a large new lakeside home, and tabled a complex multi‑building application (Ryan Raguse/Austin Foss) to allow staff and applicants time to explore alternatives including a possible PUD/conditional‑use route and septic remedies.

What commissioners said and required: commissioners repeatedly referenced the Shoreline Management Ordinance and staff findings when tying approvals to conditions. Several approvals required gutters or other stormwater controls, restorations to vegetation where sand had been placed, or that future full rebuilds be moved out of the shore impact zone. Staff and applicants exchanged detail about fees and remediation costs in cases of after‑the‑fact permitting.

Votes at a glance (each item below corresponds to a formal motion/vote taken in the meeting): - Final plat — Country Line Estates (final plat recommendation to County Board to plat 40 acres into 7 lots): mover Veronica; second Ken; vote: Timothy (aye), Ken (aye), Veronica (aye), Mike (aye), Larry (aye). Outcome: approved; staff recommended approval; preliminary plat previously recommended by Planning Commission June 25 and approved by County Board July 1.

- Variance 29V‑25 (Joan Luth — grading/steep slope, Lake Plantangenette): motion to approve the variance (with the condition that excavation/amended site plan A1.3 be implemented if the proposed new house is constructed): mover Ken; second Veronica; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: approved.

- Variance 37V‑25 (James and Mary Payne — multiple after‑the‑fact shoreline violations on Kerwin Lake): commissioners split the application and voted separately: motion to approve three parts (the existing shed ~9.5x10, existing riprap at the lake edge, and rock stairway) — mover Ken; second Mike; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (nay), Larry (aye). Outcome: those three parts approved. Separate motion to deny three other parts (gazebo/platform, small platform, and constructed sand beach) and require restoration (remove sand and reestablish vegetation per staff): mover Larry; second Veronica; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: denied; restoration required; DNR referral noted for possible public waters violation related to fill that extended shoreline.

- Variance 38V‑25 (Robert and Dawn Demers — addition to nonconforming dwelling on Grease Lake after storm damage): motion to approve with conditions including gutters and that if the cabin is later fully rebuilt it must be moved out of the shore impact zone; mover Veronica; second Tim; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: approved with conditions and adoption of staff findings.

- Variance 39V‑25 (Ryan Raguse and Austin Foss — multiple variances tied to converting existing structures/guest cabins, shoreline clearing and septic issues on Eleventh Curling Lake): the commission discussed multiple options (demolition of three of five guest structures, keeping two, conditional conversion routes, or pursuing a conditional use permit/PUD). The commissioners voted to table the application and extend review (120 days) to allow staff to consult legal counsel and to let applicants explore alternatives including a PUD/conditional‑use route; mover Larry; second Veronica; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: tabled with extension; applicants instructed to pursue options and staff to return with guidance.

- Variance 40B‑25 (Luke Carter acting for Anthony and Linda Sue Carter — creating a lot under minimum lot size excluding right‑of‑way in Straight River Township): motion to approve with findings (applicant owns adjacent agricultural land; lot will have required buildable area despite being just shy of the 2.25‑acre standard when right‑of‑way excluded); mover Veronica; second Dan Mull; vote: Timothy (aye), Ken (nay), Mike (nay), Veronica (aye), Larry (aye). Outcome: approved 3–2.

- Variance 41V‑25 (Schwint Family Trust — move mechanicals out of lodge interior, nonconforming resort use on Crow Wing Lake): mover Larry; second Ken; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: approved; staff findings adopted.

- Variance 42V‑25 (Thomas Jubarian — proposed dwelling within 100‑ft OHW setback and steep‑slope grading on Potato Lake): motion to deny (board members cited size and scale and concluded the requested house and attached garage/deck at proposed height and setbacks were not in harmony with the locality and were oversized for the lot); mover Veronica; second Tim; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: denied.

- Variance 43V‑25 (Lynette Cherry et al. — pole barn that requires steep‑slope grading on Benedict Lake): motion to approve with the condition that an existing lakeside shed permit/violation be addressed before building; mover Tim; second Veronica; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: approved with condition.

- Variance 44V‑25 (Andrew Shower — additions to a nonconforming dwelling on Lake Beltane): motion to approve; mover Ken; second Veronica; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: approved; staff findings adopted.

- Variance 45V‑25 (Hubbard County Parks — reuse/repair of nonconforming lodge, steep‑slope grading for an access road, and limited encroachment of access drive into the 150‑ft OHW setback on Deep Lake): motion to accept application and staff findings; mover not specified on record; second Larry; vote: Timothy (aye), Ken (aye), Mike (aye), Veronica (aye), Larry (aye). Outcome: approved; commissioners noted additional state plumbing/fuel‑tank and MDH/sewer requirements will be addressed as the project advances.

What happens next: staff will send written decision letters with conditions and next steps (permits, restoration requirements, DNR referrals where public waters fill is suspected). The tabling of the Raguse/Foss application explicitly included a request that staff seek legal guidance about a possible PUD/conditional‑use route and that applicants decide whether to pursue that alternative or proceed on a residential variance track.

Ending: The commission concluded the meeting after considering public comments, making multiple split rulings where applications combined preexisting features and after‑the‑fact work. Where restoration was required, the commission adopted staff language requiring revegetation and limits on future maintenance of sand/beach features, and directed staff to follow up with DNR when fill appeared to extend the shoreline.