Board denies second-story dwelling on bluff at Big Birch Lake but approves after-the-fact deck

The Stearns County Board of Adjustment voted to deny a variance that would have allowed a proposed 2,240-square-foot dwelling — effectively a second-story addition on a legal nonconforming structure — at the top of a bluff on Big Birch Lake, and separately approved an after-the-fact variance to leave a 367-square-foot deck that is partly within the shore impact zone.

Staff told the board the property contains an existing 806-square-foot dwelling constructed in 1955 (before the county’s official controls), a 367-square-foot deck built without a permit in 2000, and that the proposed dwelling would sit 0 feet from the top of a bluff and increase impervious coverage from 21.9% to 24.8%. Staff also reported the property's subsurface sewage treatment system had been certified non-compliant in June 2025 and requires replacement by April 2026.

During findings-of-fact board members split on several criteria. Board member Rob (speaker 8) framed the legal issue bluntly: "You couldn't build it today. It's illegal nonconforming," and argued adding a second story would affect lake views and water resources. Other members said the proposal would not extend the footprint closer to the lake and noted mitigation measures proposed by the applicant.

A tie vote on whether the variance would be consistent with the comprehensive plan meant the finding defaulted to a 'no' under the board's tie policy, and Rob made a motion to deny the new-dwelling/addition request; the motion was seconded and the board voted to deny the construction request.

On the after-the-fact deck the board reached a different conclusion. The majority concluded removing the deck could cause more damage to the bluff than leaving it in place, citing the age of the deck and the fact the owners did not construct it. George (speaker 3) moved to approve the after-the-fact variance for the deck; John (speaker 9) seconded the motion and the board approved the variance by voice vote.

Staff will follow up on the septic compliance deadline (replacement required by April 2026) and enforcement of bluff and shoreland protections as the applicant pursues any required mitigation measures.

Next steps: the owner must coordinate with environmental staff on required permits, and the denial for the proposed dwelling means any revised proposal will require either a re-design or a new application to address bluff impact concerns.