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Planning commission recommends denial of variances for boathouse at 317 Lake Street
Summary
After staff and DNR urged denial, the Bayport Planning Commission recommended City Council deny variances to reconstruct a boathouse at 317 Lake Street within the Lower St. Croix River Bluffland/Shoreland and Floodplain districts, finding the application did not meet Riverway variance criteria.
The Bayport Planning Commission voted to recommend denial of three variances sought to reconstruct an accessory boathouse at 317 Lake Street. City staff reviewed the application and concluded that, under the Lower St. Croix Riverway ordinance and related state rules, a dilapidated substandard structure may be replaced only in a location that complies with current dimensional standards. The Department of Natural Resources (DNR) provided a written recommendation urging denial.
Property owner Nathan Jesperson and the project team argued the existing boathouse has occupied the site for roughly 70 years and that physical constraints of shoreline, bluff and steep slopes limit buildable areas. Jesperson asked commissioners to consider historical use and the effort the applicant has undertaken to prepare a code‑compliant replacement. DNR standby representative Ricky Hoffman responded that the agency relies on local governments to apply the Riverway rules that prioritize preserving natural river character.
City staff described the three variance requests: encroachment into the 100‑foot setback from the ordinary high water level, encroachment upon the bluff line and grading on slopes steeper than 12 percent. Staff concluded the applicant had not demonstrated that the variance criteria — including that the need was not self‑created and that the variance would not alter the character of the locality — were met. After public comment and deliberation, a commissioner moved to adopt the staff findings in the April 13 report and recommend City Council deny the variances; the motion carried.
The recommendation against the variances will be forwarded to the City Council. The applicant may pursue alternatives such as locating an accessory structure in a location that complies with the Riverway ordinance, or seek other relief as allowed by state and local rules.
