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After‑the‑fact variance denied for Norway Brook setback near State 371
Summary
The commission denied an after‑the‑fact variance for an 870 sq ft residence built at a 42‑ft setback from Norway Brook (tributary) on April 13, finding no practical difficulty; vote was 7–0.
The Cass County Planning Commission on April 13 denied an after‑the‑fact variance request from Luke Bluhm for an 870‑square‑foot residential structure placed at a 42‑foot setback from the Ordinary High Water Level (OHWL) of Norway Brook (tributary). Staff reported the property was acquired in 2019 and the septic system was installed in June 2021 for a 2‑bedroom, Type‑1 system sized at 300 GPD. The commission found the applicant had not demonstrated practical difficulties that would justify an after‑the‑fact variance and voted 7–0 to deny the application.
The minutes cite the applicable variance criteria (Cass County Land Use Ordinance Section 800 and Section 1129.1 A; Minnesota Statutes Section 394.27, subd. 7) and list factors considered, including whether the hardship was unique to the property, whether the structure could have been placed to avoid a variance, and whether granting the variance would alter the essential character of the locality.
