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After‑the‑fact right‑of‑way variance denied; owner told to remove accessory building
Summary
The commission denied an after‑the‑fact variance for a 30×40 accessory building that encroaches 5.8 feet into the Nelson Fork Road right‑of‑way. Commissioners concluded the after‑the‑fact criteria were not met and told the owner the structure must be moved.
The Crow Wing County Planning Commission denied an after‑the‑fact variance request for a 30×40 accessory structure that was built into the Nelson Fork Road right‑of‑way.
Staff reported the structure was built about 5.8 feet into the public right‑of‑way and that the township — the road authority — had recommended approval at the DRT meeting. The landowner, Robert Pessola, said his contractor told him the necessary permits had been obtained; he asked the commission for leniency and noted the structure cost about $24,000 to construct.
Several commissioners said after‑the‑fact criteria weighed against approval: there were no similar structures in the immediate area, the need for the variance was created by building without a permit, and allowing a 0‑foot right‑of‑way setback could impair future road work and safe maintenance. Board members cited the Stadzil court criteria and said public‑safety and enforcement considerations were significant.
A motion to deny the variance and adopt revised findings of fact was made and seconded. After roll call the commission voted to deny the variance. Staff told the applicant the structure must be moved and that staff would follow up after the meeting to explain next steps and timelines. The commission discussed opportunities to strengthen findings and record‑keeping to reduce after‑the‑fact requests in the future.
