Board allows after‑the‑fact deck and small addition at Pearl Lake; neighbors supportive

The Stearns County Board of Adjustment approved two shoreland variances for a Kimball property on Pearl Lake, allowing an after‑the‑fact 12‑by‑12 deck and a small dwelling addition that would be landward of the lake’s building line.

The applicants, Ricky and Deborah Hartman, sought two separate variances for their property at 9867 Eclipse Road in the Shoreland Overlay District of Pearl Lake: (1) to leave as constructed a 12‑by‑12 (144‑square‑foot) deck that is 8.9 feet from the side property line and 68.25 feet from the ordinary high‑water level (OHWL), and (2) to construct a 3‑foot‑6‑inch by 8‑foot‑6‑inch addition that would be 74.35 feet from the OHWL and landward of the building line.

Why it matters: Pearl Lake is in a Shoreland Overlay district and is listed by staff as impaired for nutrients and mercury in fish tissue; shoreland rules and setbacks are intended to protect lake water quality. The board weighed the property’s history, neighboring structures and the modest scale of the requests in its deliberations.

Staff told the board the parcel’s survey indicated a tract of “approximately 7,394 square feet” per the submitted survey and also recorded the effective property as “1.7 acres” in an earlier hearing description; the record shows a 12‑by‑12 deck was present without a permit and a 1997 assessor record indicated the deck’s construction. Staff said alternatives included removing the deck and replacing it with a patio, which would not require setbacks.

Applicant Rick Hartman told the board he had not originally requested relief for the deck when he filed for the addition, saying he bought the house with the deck in place: “I never asked for anything in regards to the deck… I bought this house with a deck on it.” He described work already done under a previously issued permit for dormers and said the property has been under renovation.

Neighbors at 9877 Eclipse Road said they have no objection to the deck. During deliberations, one board member said the deck is “very much in line with decks on both side neighbors” and noted the deck might be smaller than others nearby; another member expressed concern for shoreland protections and preferred the patio alternative. Staff reminded the board that, had the deck been permitted when originally built, setbacks would have applied and this matter would likely not be before the board.

For the deck variance, commissioners split on some findings but ultimately answered all seven required findings in the affirmative; the board’s vote approved leaving the deck as constructed. For the dwelling‑addition variance, the board again concluded the small proposed addition met the findings (board members cited Lakeshore Living policy #8 concerning sight lines and neighborhood character) and approved that variance as well. Motions to approve were moved and seconded on the record; each motion passed with the board recording affirmative votes.

The county recorded that Maine Prairie Township, the Pearl Lake Association, Sauk River Watershed District and the Department of Natural Resources had been notified; staff said the septic system had been inspected and certified compliant as part of the property transfer process. The approvals were granted with the board’s findings recorded; staff listed the patio alternative and standard permitting requirements as administrative options if the owners chose another approach.

Looking ahead: The approvals allow the deck to remain and permit the modest addition landward of the building line. The board’s discussion underscores the tension between longstanding lakeshore development patterns and shoreland protection goals.