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Cook County Board of Adjustment denies after‑the‑fact lakeshore variance at Double Track Lake
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Summary
The Board of Adjustment voted April 8 to deny an after‑the‑fact variance that would have allowed a 12-by‑20 accessory structure to remain 25 feet from Double Track Lake, citing DNR and Soil & Water concerns about precedent, shoreline impacts and water quality; staff will work with the owner on a compliance timeline.
The Cook County Board of Adjustment on April 8 denied an after‑the‑fact variance request that would have allowed a 12-by-20 accessory structure to remain 25 feet from the ordinary high water level of Double Track Lake, where the zoning ordinance requires a 100‑foot setback.
Staff told the board the property is a 5.36‑acre lakeshore parcel with about 426 feet of shoreline and that the structure was brought to the county’s attention in 2025. The county planner summarized technical reviews by the Soil & Water Conservation District (SWCD) and the Minnesota Department of Natural Resources (DNR), which recommended denial. The SWCD memo cited a long‑term decline in water clarity and recent cyanobacteria blooms, and staff said the application provided no wetland delineation or other technical evidence demonstrating a unique physical constraint.
“I don’t disagree with anything in the DNR letter,” a board member said during deliberations, citing water clarity trends and visual shoreline impacts. Another member called 25 feet “extremely close” to the water and said granting the variance would set a precedent that could invite incremental shoreline encroachment.
Ross Stalkerberg, the property owner, spoke in favor of keeping the structure and described site features he said mitigate runoff, including a pea‑gravel base under the building, a berm and an adjacent lowland. “It’s a bed of pea gravel…which I think would provide a great filter before it hits the lake,” Stalkerberg said. A neighbor also offered to augment shoreline planting to help filtration.
Board members and staff said the property contains buildable area outside the setback and that personal preference or convenience does not meet the legal practical‑difficulty standard. The board read findings of fact that tracked staff and DNR conclusions and voted to deny the variance. The chair declared the variance denied and staff said county enforcement will work with the owner on a reasonable removal and revegetation schedule, aiming for action in the next building season.
The denial preserves Cook County’s shoreland setback standard for recreational development lakes; staff suggested any future permit would require technical documentation such as a wetland delineation and compliance with best management practices.
