Board approves 50-foot ordinary-high-water setback variance for Burfield farmhouse reconstruction

The Houston County Board of Adjustment voted to grant a 50-foot variance to ordinary-high-water setback requirements for Jordan Burfield, allowing a proposed replacement farmhouse near an historic footprint that the applicant says has been in the Burfield family since the 1860s.

Staff announced the application (Section 12, Township 103 Range 6, Sheldon Township) and said it seeks reduced OHW setbacks because mapped tributary connections and pond configurations limit alternative build sites. Jordan Burfield, participating remotely from active military duty, said the original farmhouse had been too deteriorated to repair and that rebuilding on the historic site would preserve family artifacts and minimize conversion of productive farmland.

Staff explained that the Minnesota Department of Natural Resources (DNR) has identified a connection among ponds that leads them to classify Pond 3 as connected to public waters and therefore subject to a 100-foot setback. Staff highlighted three mitigation options the DNR requested if the board approved the variance: disconnect Pond 3’s surface-water connection to public waters (for example by modifying or removing a closed valve or building a new dike), cap or remove the outlet pipe from Pond 3 to prevent warm-water discharge to the DNR-designated trout stream in Crystal Creek, and obtain any required DNR public-water permits for such work. Staff said those measures would be substantial projects and would require DNR authorization.

Jordan and Herbert Burfield said the ponds were permitted and functional in 1991 and that substantial pond modifications would be disruptive and costly. Jordan said the family had tried alternate house locations but found them to be more disruptive to tillable acreage and farm logistics. Public commenters, including Rebecca Christiansen (identified as Jordan’s aunt), and a nearby neighbor voiced support for preserving the farmhouse at or near its historic location.

Staff read the standard variance findings and the board discussed practical difficulties, parcel history and DNR ramifications. Board members generally agreed the findings were met but acknowledged the possibility that the DNR could appeal or require mitigation. After discussion, a motion to grant a 50-foot variance to the ordinary-high-water setback for Pond 3 was made and seconded; the motion passed on a roll-call vote.

The board did not adopt the staff-recommended mitigation conditions during the meeting. Several board members and staff noted the DNR’s objections and that the applicant could face further review or an appeal by DNR, but the BOA’s action permits the applicant to proceed toward building-permit steps under county processes.