Board of Adjustments Packet - November 25, 2025 with Presentations

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definition) and within a large wetland complex that would not allow a “traditional deck”. A municipality can be more restrictive. V. Comparison to Minnesota Municipal Practice Multiple Minnesota cities with similar ordinance language interpret decks separately from water-oriented accessory structures: • City of Orono – Water-oriented accessory structure defined as “a small storage structure used for recreational equipment.” Decks regulated separately. • City of Scandia – Decks permitted in shoreland district but excluded from 400 sq. ft. structure limit unless enclosed. • City of Elk River - Water-oriented accessory structure or facility means a small, aboveground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. • Staff’s interpretation is the deck is detached from the house. VI. Deck Permitting Is Not Part of Variance Review If the City determines that the deck requires a separate floodplain, shoreline, or building permit, that process will be completed. Decks require a Building Permit, the current water- oriented accessory structure is being built without a permit. However, Minnesota variance law does not allow denial based on a permitting process that occurs outside the variance standard. Accordingly: • The Board may approve or deny the variance now; • Staff may still require deck permitting later; The city requires a permit for decks and water- oriented structures • The two are legally separate actions. Based on the city definition, the enclosed structure and the deck are one unit and part of one action. VII. Request for Staff Action Before November 25 Hearing To prevent confusion at the hearing and ensure the Board is acting on a legally valid record, we respectfully request: 1. That the staff report be updated to reflect the correct variance request of 460 sq. ft., not 780 sq. ft.; OR 2. That written explanation be provided specifying the ordinance language that requires a deck to be included in water-oriented structure square footage. See water-oriented accessory structure or facility definition. If staff maintains the position that the deck must be included, we respectfully request that Page 13 of 97