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Ely Board of Adjustment approves private boathouse at 751 N Pioneer Rd with non-motorized restriction

Ely Board of Adjustment · May 20, 2026
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Summary

The Ely Board of Adjustment on May 20 approved a conditional use permit for a private boathouse (up to 400 sq ft) at 751 N Pioneer Rd on Shagawa Lake, limiting it to non-motorized watercraft and requiring compliance with DNR and city shoreland standards after public testimony raised concerns about possible indigenous burials and wildlife impacts.

The Ely Board of Adjustment voted 5-0-2 on May 20 to approve a conditional use permit allowing a private boathouse of up to 400 square feet at 751 N Pioneer Rd on Shagawa Lake, with conditions that the structure be used only for non-motorized watercraft and comply with Minnesota DNR and City of Ely shoreland regulations.

The vote followed a 5:44 p.m. public hearing in which the applicant, Tanner Spawn, said the pre-built hickory structure would sit on skids and be used to store kayaks, canoes and life jackets for guests of nearby short-term rental units. "There will only be storage of non-motorized watercraft in the boathouse," Spawn said. He told the board the structure would sit about 10 feet from the ordinary high-water mark, require no excavation of footings, and be locked when not in use.

Supporters at the hearing included Doug Whitney, the Ely building official, who said indoor storage was preferable to leaving equipment exposed. "It is much better to store these items inside a building than outside, or under tarps," Whitney said. Several neighbors also spoke in favor, noting the parcel's long history of private recreational use, including an earlier seaplane base.

Opponents raised concerns about possible archaeological and environmental impacts. Mary Louise Icenhour urged a pause to study the site's historical value, saying a relative remembered native burial sites at the location. "The site should be studied further before proceeding with the project," Icenhour said. Jaylen Strong of the Bois Forte Tribal Government said Bois Forte and the Minnesota Indian Affairs Council have no records for the site but noted surveys under Minnesota Statute 308 can still be appropriate in cases where unrecorded burials are possible.

Spawn told the board he had contacted the Minnesota Department of Archeology and was informed there are no recorded native burial sites for the parcel, and he said any grading or shore work would follow DNR standards. The record also notes the DNR was consulted and stated it had no issues with the proposal under MN Rule 6120.3300; North St. Louis County Soil & Water likewise had no concerns.

City staff read findings that the parcel is privately owned and already developed as a licensed short-term rental; the proposed storage structure would sit about 10 feet from the ordinary high-water mark, would not contain sanitary facilities, and would have a maximum width of 20 feet parallel to the shoreline. Staff recommended approval with conditions including compliance with Chapter 11 zoning, building and health codes, landscaping or screening as needed, owner maintenance of the structure, periodic inspections by the city, and pre-approval of any project modifications.

During deliberations, Board member Seliga proposed—and the board adopted—an amendment prohibiting motorized equipment, including e-bikes, from being stored in the boathouse. Anderson moved to approve the CUP with the staff conditions; Palcher seconded. Roll call: Seliga Yes; Hernesmaa Yes; Roose Yes; Heil Abstain; Palcher Yes; Anderson Yes; Decker Absent. The motion carried 5-0-2.

The approved permit allows a single boathouse serving the private parcel and does not open the structure to public use; the record states the DNR-owned adjacent boat landing and a nearby birding area are separate parcels and not part of the application. The board recorded that the site lies at the edge of a FEMA Zone A floodplain and that the DNR rules cited permit accessory structures up to 400 square feet on general or recreational development lakes provided width limits and use restrictions are met.

The board closed the hearing at 5:44 p.m. and adjourned at 6:07 p.m. Minutes were submitted by Planning and Zoning Administrator/Secretary Scott Kochendorfer.