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Council denies Lakes of Radisson request to allow detached backyard sheds
Summary
City council voted to deny an amendment to a conditional use permit that would have allowed detached accessory buildings (sheds) up to 120 square feet in the Lakes of Radisson development after planning commission recommendation and public opposition.
The Blaine City Council on July 7 voted to deny a request from the Lakes Master Association to amend a conditional use permit so that owner‑maintained lots in the Lakes of Radisson development could build detached accessory buildings up to 120 square feet.
The decision follows a unanimous June 10 recommendation from the Planning Commission to deny the amendment and a public comment period in which the city received 17 written comments (two in support and 15 in opposition), according to staff. Assistant Community Development Director Sheila told council the amendment would align city rules with the Lakes Master Association covenants and would apply only to a subset of owner‑maintained lots described in the CUP resolution.
Council members who spoke during debate said the issue pits individual property rights against a complex overlay of master and sub‑HOA controls. “I don't know that there is a path for the city to be Switzerland on this one,” Councilmember Robertson said, arguing the city could be drawn into frequent disputes among layered associations. Councilmember Larson, who said she lives in the Lakes and has discussed the proposal with her sub‑association president, said sub‑association differences could produce inconsistent outcomes on adjacent lots and create enforcement problems.
Councilmember Newland and others also said the layered governance—an overarching master association plus multiple sub‑associations—makes the city’s direct intervention impractical because the city enforces its code, not private HOA covenants. Staff reiterated that the city cannot enforce HOA rules and that some sub‑associations retain authority to prohibit accessory structures even if the master association approves them.
Councilmember Robertson moved to deny the conditional use permit amendment; the motion was seconded and the motion prevailed. The council acted on a resolution in the meeting packet that, if adopted, declares the cost and terms for the CUP amendment denial and preserves the existing restrictions under the Lakes master CUP.
The council record shows the Planning Commission considered the application in full and recommended denial; the council’s action on July 7 affirmed that recommendation. No subsequent council direction to staff to revisit HOA enforcement or to propose alternate language was recorded in the meeting minutes.
The denial preserves the current status: owner‑maintained lots in parts of the Lakes that already allow small detached accessory buildings remain governed by existing CUP language, and lots that currently are restricted will continue to be restricted unless the HOA(s) themselves amend their covenants or reapply to the city with a different proposal.
The matter was item 9.1 on the July 7 agenda.
