Appeal of Kenney

OPINION

SEDGWICK, Judge.

Appellant appeals from the trial court’s judgment affirming the Stearns County Board of Adjustment’s refusal to grant a variance. Appellant claims the Board of Adjustment had the authority to grant the variance. We reverse and remand.

FACTS

The parties stipulated to the following facts pursuant to Minn.R.Civ.App.P. 110.-04.

On May 24, 1980, appellant Harold Ken-ney, Jr. applied for and received from the Town Clerk of the Township of Paynesville a building permit for the repair of his boathouse located on Lake Koronis in Stearns County, Minnesota. Appellant then completed…