Cook County Board of Adjustment Denies Lakeshore Setback Variance, Citing Lack of Practical Difficulty
- Meeting Overview:
The Cook County Board of Adjustment denied a variance request by CWMG LLC for a proposed construction project near Gunflint Lake, citing insufficient evidence of practical difficulty. The request sought to replace and expand a small cabin with a larger structure at a reduced setback from the lake, which did not align with county zoning requirements.
The primary focus of the meeting was the variance request from CWMG LLC, which proposed replacing an existing 252-square-foot cabin with a new three-story, 5,144-square-foot dwelling. This project was set to occupy a reduced shoreline setback of 59 feet, less than the 100-foot minimum mandated by the Cook County Zoning Ordinance. The variance request was scrutinized for not meeting the practical difficulty standard, a crucial criterion for variance approvals.
Concerns raised during the meeting included the scale of the proposed structure relative to the existing cabin and the lot size, which would increase the non-conformity of the property. The board emphasized that practical difficulties, required to justify such a variance, must not be self-created or based on design preferences. Staff and board members expressed that the proposed expansion would alter the essential character of the locality and lead to increased visibility from the lake, which contravened the goals outlined in the Cook County land use guide plan and zoning ordinance.
The Department of Natural Resources (DNR) recommended denying the variance, highlighting a lack of unique circumstances related to the property. The DNR argued that the variance would increase impervious surfaces near the shore, diminish vegetation, and alter the area’s essential character. The department stressed that the request seemed driven by design preference rather than a practical difficulty, which should demonstrate that strict enforcement of the ordinance would cause undue hardship.
Public comments were limited, but written responses from neighboring property owners Frank Co, Cindy Imdalio, and Greg Gekus opposed the variance. They stressed the importance of adhering to the 100-foot setback to maintain the area’s aesthetic and environmental balance. In contrast, Scott and Diane Hatfield, also adjacent property owners, did not oppose the request.
During discussions, the board members deliberated on the steepness and topography of the site, recognizing the challenges it posed for construction. They acknowledged the potential environmental impacts, including stormwater management issues and damage to significant trees on the property. There was a consensus that moving the structure further from the lake would mitigate these impacts, with suggestions to consider a 75-foot setback instead.
The applicant, Graham Gillette, representing CWMG LLC, explained the need to replace the existing outdated cabin with a more modern and environmentally integrated structure. Gillette discussed challenges such as the site’s elevation and the importance of preserving mature trees, including a notable white pine. Despite these arguments, the board remained unconvinced that the variance request met the practical difficulty standard required for approval.
Ultimately, the board concluded that the proposal lacked sufficient justification to warrant a variance. A motion to deny the application was passed without opposition, emphasizing the absence of demonstrated practical difficulty. The board encouraged the applicant to reconsider their proposal and collaborate with staff on future submissions.
Rowan Watkins
Zoning Board Officials:
Bradley Sillman, Charlie LaBoda, Paul Stucker, Courtney Quaife, Jeffrey Lee
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
10/01/2025
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Recording Published:
10/01/2025
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Duration:
48 Minutes
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Notability Score:
Routine
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State:
Minnesota
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County:
Cook County
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Towns:
Grand Marais, Lutsen Township, Schroeder Township, Tofte Township
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