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Council denies variance to replace historic boat house at 317 Lake Street
Summary
After extended public comment and a DNR warning about shoreland rules, Bayport City Council denied a variance request to demolish and replace a boat house at 317 Lake Street, concluding replacement must meet riverway dimensional standards and that prior council discussion did not authorize a full rebuild.
Bayport City Council voted to deny a variance that would have allowed the demolition and replacement of a boat house at 317 Lake Street, citing the city’s Lower St. Croy Riverway ordinance and concerns raised by the Department of Natural Resources.
Nathan Jesperson, the property owner, told the council he believed a June 5, 2023 decision and subsequent legal advice authorized restoration of the structure and argued the proposal was consistent with that direction. “The motion as clarified by the city attorney was that the boat house would remain and that it would be restored and the motion passed 4 to 1,” Jesperson said, summarizing the earlier meeting and the basis for his expectation that restoration was allowed.
City planning staff and the planning consultant, Daniel Le, presented the variance application and recommended denial. Le told council staff had concluded the existing boat house is substandard and dilapidated and that under the riverway ordinance a replacement must comply with current dimensional standards. “Substandard structures are not allowed to be replaced in that location,” Le said, and noted the ordinance contains no legacy right that would automatically permit a rebuilt structure in the same footprint.
Dan Scolin, area hydrologist for the Department of Natural Resources, introduced himself and referred to a DNR letter included in the meeting packet outlining regulatory concerns; he said he would be available later to answer technical questions.
Council members debated whether the June 2023 discussion authorized only repair and restoration within 12 months or opened the door to a full replacement years later. Several members said the earlier council comments were framed as a repair requirement, not a blanket authorization to rebuild. After discussion, Council member Orin moved to adopt a resolution denying the requested variances; the motion passed on a roll call vote with Council members Bliss, Kip, Hill and Mayor Hansen voting to deny and Council member Gilmore voting nay.
The council’s written findings and staff report emphasized that the riverway ordinance’s purpose is to minimize visibility and impact along the corridor and that replacement structures must meet current setback, bluff and flood‑plain criteria. The denial preserves the ordinance’s plain language and leaves the applicant the option of submitting a revised application focused specifically on restoration or a different plan that complies with dimensional requirements.
The council’s action ends the current variance request; staff and the applicant may pursue alternative, compliant approaches or submit a new application. No immediate appeal was announced at the meeting.
