Morrison County board approves lakeshore rebuild for Kiser family with stormwater and impervious-surface conditions

The Morrison County Board of Adjustment on Aug. 5 approved variance requests that will allow Betty Jane and James Kiser to rebuild a dwelling and a detached garage on the existing foundation of their Shamana Lake property after a 2024 fire.

Land Services staff told the board the application asked for permission to construct a new dwelling 39 feet from the lake, a lakeside deck 31 feet from the lake, a detached garage 10 feet from the road right of way and an impervious surface coverage initially calculated at 47.5 percent. Staff cited Morrison County ordinance sections limiting lot coverage to 25 percent (705.6), a 75-foot setback from general-development lakes and a 50-foot shore impact zone (706.1), and a 30-foot setback from township road rights-of-way. The applicants amended their request before the hearing to reduce impervious surface and proposed removing 1,051 square feet of driveway and paver areas, lowering the proposed coverage to about 35 percent.

At the hearing the applicants described the fire and subsequent cleanup difficulties, saying they were unable to meet a 180-day replacement deadline after the structure was destroyed and that some debris required special handling. Board members noted the lot’s small building envelope (about 753 square feet), prior after‑the‑fact variances that had expanded the cabin over time and recent floodplain elevation requirements. Staff said the existing foundation is a few inches below the regulatory flood elevation and will require minor work to bring the lowest floor into compliance.

Board members questioned mitigation measures and discussed conditions. The board approved the variance after answering the statutory six‑factor test in the affirmative, citing the fire and cleanup timeline as a circumstance creating practical difficulty. The approval includes three explicit conditions recorded in the motion: the house and garage must be guttered with roof runoff directed toward the road; the property owner must submit and implement a stormwater management plan reviewed and approved by Morrison County Land Services; and the property must be reduced to and maintained at 35 percent impervious surface within one year (the applicants had agreed to narrow the driveway to the width of the garage as part of that reduction). The board recorded unanimous affirmative votes on the motion.

Land Services staff reminded the applicants that separate building permits will still be required and that the shoreland specialist will work with their contractor to meet floodplain and shoreland rules.