Board of Adjustment

The Waseca County Board of Adjustment is a five-member quasi-judicial body appointed by the Waseca County Board of Commissioners. Their role is primarily to make decisions on appeal for variances or exceptions from the County’s existing land use regulations such as setbacks, lot width or depth, lot coverage, and height limitations. The Board of Adjustment may attach conditions to the Variance to ensure compliance and to protect adjacent property owners and the public interest. All decisions by the Board of Adjustment and Appeals in granting or denying variances and appeals shall be final except that any aggrieved person shall have the right to appeal within thirty (30) days after receipt of notice of the decision to the district court. Information of the creation, powers and duties of the Board of Adjustment can be found by reviewing Section 7.03 of the Waseca County Unified Development Code.  

When Required:  

Application for a public hearing meeting by the Board of Adjustment is required for: 

  • Variances from front, side, ordinary high water mark of lake, river, or stream, or rear yard setbacks may be required in any zoning district to place a home, building, or addition, on a lot which could not other wise be used due to its extreme topography, wetlands, odd shape, or other dimensional deficiency.
  • To locate new feedlots or residences when proposed separation distances are less than that specified in the Waseca County Zoning and/or Feedlot Ordinances.
  • To rebuild non-conforming uses when over 50% destroyed by fire or other natural disaster, providing that the use may not be intensified.
  • To exceed density, height, building size, and lot coverage requirements.
  • For floodplain development.

Application, Review and Decision Procedures: 

A. Application: Landowners or their authorized representatives must submit a completed application online by visiting the Permits and Forms section of the Department’s page with all supporting documentation including the below listed. A complete list of requirements can be found by reviewing Section 3.08 of the Waseca County Unified Development Code.

  1. Proof of ownership and or owner authorization. 
  2. Legal description of the property  
  3. Survey showing: 
    • Existing structures, proposed additions, proposed structures, and property lines. 
    • Location of existing and/or proposed septic system(s), and well(s). 
    • Distance between the proposed building or addition and centerline of roadway, ordinary high-water mark of lake, river or stream, all property lines, and existing buildings, septic or well.

B. Fee: The application fee is $500.00 (non-refundable). The Board of Commissioners may periodically adjust fees. There is also a fee of $46.00, IF a variance is approved. 

C. Processing: After receipt of a completed application form and fees, the Zoning Administrator will review the documents and will work with the applicant to ensure that all necessary information has been submitted. Staff will draft a report and recommendation and forward it to the Board of Adjustment to be heard at the next meeting.  

D. Public Hearing and Notices:

  • Notice of the Public Hearing will also be published in the official County newspaper 10 days before the date of the hearing.  
  • Notice of the Public Hearing will be sent to all affected property owners within five hundred (500) feet, the affected township and all municipalities within two miles.
  • The Board of Adjustment holds Public Hearings at its next regularly scheduled meeting. The applicant, and any other interested party, will be given an opportunity to speak for or against the proposal.
  • Public Hearings are conducted both online and in-person on the hearing date. 

E. Decision:  The Board of Adjustment may either:

  1. Approve the request with such attached conditions as are necessary to ensure proper development of the property and to protect surrounding areas.
  2. Deny the request; or
  3. Table the request pending revision or submittal of additional information. 

F. Appeals: If needed, appeals from the decision of the Board of Adjustment must be based on a point of fact and must be filed with the District Court within 30 after the decision. 

G. After approval: If a variance is approved, a certified copy of the variance approval document shall be filed with the County Recorder.

Note: The Variance shall run with the property. Changes in ownership shall not affect it once granted.

Processing Time: 

Processing times Varies from 5-8 weeks from the submittal of a complete application. This depends on the date of application submittal and the date of the Board of Adjustment meeting. Applications must be completed, submitted with all supporting documentation and the appropriate fees by the application deadline. Visit the Public Hearing Calendar for the application deadlines.

Agenda, Minutes and Packets:

Agendas and meeting packets are available prior to the meetings