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Board pauses after‑the‑fact shed hearing, orders surveyor impervious‑surface calculation

Morrison County Board of Adjustment · July 14, 2026
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Summary

The board continued Nicholas Neilan’s after‑the‑fact setback variance to require a surveyor‑produced impervious‑surface calculation and an amended application including all structures; staff had found unpermitted buildings and reported the larger shed had been used occasionally as sleeping quarters.

The Morrison County Board of Adjustment continued an after‑the‑fact variance application for a Scandy Valley Township lake lot after staff determined the submitted site drawing omitted at least one structure and recreational vehicles and raised concerns about impervious surface and potential occasional use of a shed for sleeping.

Amy (Land Services staff) told the board that staff discovered three or four unpermitted structures during review and that the applicant previously attended a development review meeting in 2020 when staff said a variance would be required for structures placed inside the setbacks. Staff agreed to treat two small replacement sheds as replacements but focused enforcement on the larger shed that appeared within required setbacks and for which there was reporting it had been used “as sleeping quarters on occasion.”

Applicant Nicholas Neilan said much of the yard is used for storage to deter theft and that he did not place the larger shed on a foundation and believed no permit was required. Board members pushed for a surveyor to calculate impervious surface for both sides of the road, noting staff’s worksheet indicated 13% coverage in the applicant’s initial calculation but that the shoreland limit is typically 25%. Given omissions and the shoreland context, the board voted to continue the item and required a surveyor‑prepared impervious surface calculation and an amended application that includes all buildings and the fence; staff will issue a letter explaining the continuance and next steps.

The continuation carries no additional application fee if the applicant provides the requested survey and amended materials in the extension period.