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Combined BOA/PC considers garage that’s been in litigation with county

By Sarah Smith

The newly combined Board of Adjustment and Planning Commission will have a short agenda at its first official meeting Monday night – but it will be a barn-burner.

David and Karen Hagert of Emerado, N.D., are asking that the county allow their $300,000 garage and guest cottage to remain where it is.

The Hagerts have been embroiled in a lawsuit with the county over the garage’s height and placement, which the county says is too close to the water.

But the biggest issue is that the garage on Deer and Shallow lakes was not supposed to have human living quarters above it. Hagerts said their oversight and preoccupation with a family wedding was responsible for them failing to get a building permit.

The case has been through the court system once and the county wants the garage moved or torn down. Hagerts and their attorney contend it would be a monumental waste to do either.

They have applied for a second variance to leave the building where it is, which the county claims is too near wetlands and the shoreline. The county recently sought at additional $5,000 in legal fees to fight the request. The county also maintains the garage height is too high for the Shoreland Management Ordinance.

The newly revamped board meets at the county board chambers in the lower level of the law enforcement center Monday night at 6 p.m.

Sarah Smith

Sarah Smith is the outdoors editor. She covers courts, business and breaking news in addition to outdoors events.

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