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Winona County board approves variance to allow house 770 feet from registered feedlot

July 05, 2025 | Winona County, Minnesota


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Winona County board approves variance to allow house 770 feet from registered feedlot
The Winona County Board of Adjustment approved a petition to allow a single-family dwelling to be built 770 feet from a registered feedlot area instead of the 1,000-foot setback, the board decided after a public hearing and staff presentation.

Planning staff Olivia, representing Winona County Planning and Environmental Services, told the board the petition (docket BOA06182501) requests a variance because the proposed house location on the approximately 6-acre parcel along Fremont Drive in Saratoga Township would fall 770 feet from the fenced area used for horses, rather than the 1,000 feet typically required. Olivia said the feedlot measurement is taken from the registered feedlot area and that the registration includes both the horse fenced area and other farm buildings, which affects the setback calculation.

The board’s action follows a history of prior approvals at the site. Olivia said the property had previously gone through a conditional use permit and a variance process in 2019–2020, and that petitioners had built a shop-house as temporary living quarters while planning the new residence. She noted the applicants must submit a change-of-use form to relinquish the shop’s living quarters once the new home is occupied.

Petitioner Chris Roth of 14800 Fremont Drive spoke in support of the variance at the hearing. Roth said the existing shop contains temporary living quarters used while preparing to build the house; he said the septic and water infrastructure on the property were sized to serve a future house (the septic was designed for a five‑bedroom house) and that the proposed home footprint is approximately 90 by 90 feet. Roth and his father, August Roth, also spoke about local drainage features and said past heavy rains caused erosion downstream on the father’s parcel, not on the Roths’ proposed house site.

Neighbor and township input was part of the record. A Saratoga Township representative who identified themselves at the hearing said the township had reviewed the petition in February and supported the variance, noting the driveway and access permit were previously issued and expressing confidence the petitioner would maintain the property. The board received written comments from neighbors raising concerns about erosion and the potential for multiple dwellings; Olivia and the petitioner addressed those concerns during the hearing.

Board members questioned slope, soils and drainage. Olivia said the proposed building site slopes about 7–8 percent—below the zoning threshold for “steep slope”—and recommended an erosion- and sediment-control plan as a condition. The board discussed where the existing septic and well were located and heard that the septic was placed between the shop and the planned house site, limiting the ability to move the house farther away from the registered feedlot without relocating utilities.

After public comment and discussion, the board added a third condition to staff’s draft findings requiring petitioners to submit an erosion- and sediment-control plan that will be reviewed by the Winona County Soil and Water Conservation District and approved by the county prior to issuance of a development certificate. The board voted to approve the variance with three conditions; the motion was made by Board of Adjustment member Kelsey, seconded by Board of Adjustment member Lynn, and passed unanimously with aye votes recorded.

Board chair read appeal information at the conclusion of the decision: any aggrieved person, department, board or commission may appeal the decision to the district court in the county where the land is located within 30 days of receipt of the decision. The county’s Planning and Environmental Services office noted it is not responsible for filing such appeals.

The board closed the public hearing and adjourned the meeting following the vote.

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