Stearns County BOA grants after‑the‑fact variance to keep garage built in 1999 at Avon property

The Stearns County Board of Adjustment on Wednesday approved a variance allowing an existing 24‑by‑28‑foot residential accessory structure on a lot in Avon Township to remain 8 feet from the side property line. The structure, built without a permit in 1999, was the subject of an after‑the‑fact application from the property owner.

Board Chair Amy Sherping opened the public hearing and asked environmental staff to summarize the request. Environmental staff told the board the property is Lot 10 of Reitzman’s Re Subdivision on Upper Big Lake in Avon Township, in the R‑1 zoning district, and that the accessory structure was constructed in 1999 without a county permit. The staff report said the structure measures 24 by 28 feet and is located 8 feet from the side property line; the ordinance requires a 10‑foot side setback. Staff said Avon Township has granted a township variance for the road right‑of‑way setback and that notices were sent to the township, the lake association, the Minnesota Department of Natural Resources and neighbors within 500 feet. “I have not received any other correspondence regarding this request,” staff said.

The applicant, Nathan Deal, identified himself and described his role on the project: “I’m the building contractor on the project, so primary residence, once it’s done.” When asked whether he planned further work on the garage he said, “At this point, I think we’re gonna just leave it as is, is the plan for now.”

Board members visited the site and then worked through the seven findings required by county ordinance and state statute. On each question — whether the use is allowed in the R‑1 district, whether the variance is in harmony with official controls, whether it is consistent with the comprehensive plan, and so on — the board answered in the affirmative. Several members noted the structure has existed for more than two decades and that moving it would impose more burden than benefit. After the finding questions were answered, Board member John moved to grant the variance and Barry seconded. The board voted in favor; the motion passed.

The staff report noted the lot is in the Shoreland Overlay District for Upper Big Lake (classified recreational development) and that Upper Big Lake appears on the state’s impaired waters list for mercury and fish. Staff said a new subsurface sewage treatment system will be installed for a new dwelling on the property, and listed moving the accessory structure to the required 10‑foot setback as an alternative.

Members and staff advised the applicant to coordinate follow‑up with environmental services for any additional questions. The board’s action applies only to the setback identified in the application and does not itself authorize new construction beyond what was described in the permit application.

No public testimony was recorded opposing the variance.

Looking ahead, the board moves on to other cases and trainings scheduled for future meetings.