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Board denies garage-in-shore-impact variance for property on narrow peninsula
Summary
The Board of Adjustment denied a request from Kelly and Mary (applicants identified in the record as Mary Jansen and Kelly Johnson) to construct a detached garage within the shore impact zone on a small peninsula property; the board cited overlapping setbacks and lack of a building envelope.
Morrison County’s Board of Adjustment denied a variance request from property owners identified in the meeting as Mary Jansen and Kelly Johnson to build a 28-by-36-foot detached garage within the 50-foot shore impact zone of a general-development lake.
Land Services staff reported the property is a peninsula with water on two sides, that three prior variances had been granted to the lot in the past, and that the proposed garage site would be 36 feet from the lake and entirely within the shore-impact zone. Staff noted the entire parcel sits within the mapped floodplain and that any new structure would need its lowest floor elevated at least 1 foot above the base flood elevation.
During discussion board members raised concerns about stormwater and runoff reaching the lake from the proposed garage location, the site’s constrained building envelope created by overlapping 75-foot setbacks from both sides of the lake, and the property’s history of previous variances and site modifications. Clint asked whether rain-capture or gutters could be required to reduce runoff; the applicants indicated they would accept such a condition if the variance were approved. Rich (board member) and others noted prior permitted work and three earlier variances for the parcel.
Board members answered the six statutory variance questions in sequence and determined they did not have all questions answered in the affirmative. George moved to deny the variance; Brent seconded. The motion carried on a recorded vote of 5-0 (Brent: aye; George: aye; Clint: aye; John: aye; mover George; second Brent). The board denied the variance and told the applicants staff would work with them on alternative options.
Amy (Land Services staff) relayed that if constructed, the garage’s lowest floor would need flood-elevation measures and that a wetland lies adjacent to the driveway. The denial leaves open the possibility of site improvements that avoid the shore-impact zone or other designs that reduce runoff, subject to staff review and applicable floodplain and septic rules.
