HomeMy WebLinkAbout35000990537000_Variances_01-09-2020Variances
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Date Stamp
LIVED
1 mv 2 2 2019
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L&R Initial
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CARUL oUHf’IALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
01/16/2020 01:12 PN
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D; N
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
OTTCR Tflil
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.ottertailcountymn.us
Accepted by
Application Fee
Receipt Number
Date
ryo
Property Owner
Name Eric & Emelia Lilly
Address 37027 580th Ave
City Warroad
State MN
Zip 56763
Daytime
Phone
218-452-3292
Email ericlilly@marvin.com
Parcel Information
Lake No 114 Lake Name W, Leaf Lake Lake Class rd
Parcel Number(s)35000990537000
Parcel Number(s)
Township Name TUCf Section
Legal Description Lots One (1), Two (2), and Three (3), Block One (1), West Sandy Point Beach
Physical Address 47397 Windy Hill TrI. Henning MN 56551
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback 1 / 1 Structure Size 1 1 Sewage System 1 1 Subdivision
Cluster 1 1 WECS 1 1 Miscellaneous 1 / 1
^oo'or^
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SEaiON(S) AND OTTER TAIL
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: ShoFeland Manaoement Ordinance f1/15/2017)
SEaiON OF ORDINANCE: |l|.4: A.fOHWL RD 100'):B.n DW): H.2&3 fWOAS <10ft H; WOAS < 260ft2)
VARIANCE REQUEST:
Variance request on existing first-generation 1950's Boathouse (40'x20') situated within the setbacks (drip edge 20' from OHWL)
which was originally used as a beer-and-bait convenience store for lake fishermen and campers. Beer and bait sales have long
ceased and the property no longer functions as a resort. Originally, the Boathouse was equipped with plumbing for indoor and
outdoor bait tanks. This request is to allow the Landowners to modify the Boathouse by (1) adding a bathroom and (2) adding a
small dormer (16' x 7'). A new septic drain field was added to the property in 2019 with capacity for an additional bathroom. The
maximum height of the dormer would not be more than one foot taller than the Boathouse's existing Grain Belt beer rooftop signt V iyi lnrw.^~>F. ~rv\cvr w-'itl \aA No Vd -iVl< ^ ^
I UNDERSTAND THAT I WAVE APPLIED FOR A VARIANCE FROM THE RECjuiREMENTS OF THE SHORELAND MANAGEIVttNT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER A
TAIL COUNTY.
A|
I ALSO UNDERSTAND T^T OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGEMEMT REGAf^mt^G THIS MATTER.
OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
OFFICE USE ONLY
Date of Board of Adjustment Hearing jcuimvij /My Time Ifl
Motion
Eric & Emily Lilly - Variance Application Denied (6:03 p.m.)
After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee and unanimously carried
by raising their right hand to deny the variance request as described in the variance application dated November 20,
2019. The reason for denial is the change in use from a bait store to a water oriented accessory structure which the bait
store use ceased over a year ago. This denial is also based on the Findings of Fact and Decision Form, which contains the
criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which
have been placed on file with the Land & Resource Management Department. It was noted that if a non-conforming use
ceases for over a year then you must comply with a con-forming use which in this situation would be a water oriented
accessory structure. The board would then have to analyze the proposal and decide why they should allow that.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
Anw; llMllZotO
___________________L&R Official/Date ! *
Copy of Application mailed/emailed to Applicant, County Assessor and MN DNR
cl 01122019-001
OTTCRTfllH
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CQ.OTTER-TAIL.MN.US
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
Chris LeClair
Director
Kyie Westergard
Asst. Director
218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact arid Decision
Applicant: Eric & Emelia Lilly
Address/Parcel No. 47397 Windy Hill TrI / 35000990537000
Requested Variance: Variance request on existinE first-generation 1950's Boathouse (40'x20') situated within the setbacks
(drip edge 20' from OWHL) which was orieinallv used as a Beer-and-bait convenience store for lake fishermen and
campers. Beer and bait sales have long ceased, and the property ho longer functions as a resort. Originally, the
Boathouse was equipped with plumbing for indoor and outdoor bait tanks.This request is to allow the landowners to v
modify the Boathouse by (1) adding a bathroom and (2) addinE a small dormer (16' x 7'). A new septic drainfield was
added to the property in 2019 with capacity for an additional bathroom. The maximum height of the dormer vyould riot
be more than one foottaller than the Boathouse's existing Grain Belt beer rooftop sien. No more than 16' in height.
There will be no increase to the impervious surface in the SIZ. existing is at 1280 sq.ft.___________________________
Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord.
Ordinance Section Citation: III. 4. A. (OHWL Rd lOOM: B. (1 DW): H. 2 & 3 (WOAS < 10 ft H: WOAS < 260ft2)
A variance may be granted only where the strict enforcement of county land use controls will result In a "practical difficulty". A
determination that a practical difficulty exists Is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: Existing Structure would like to improve, add bathroom & dormer.:
Otter Tail County Board of Adjustment- Variance Question Findings
1. Is the variance in harmony with the generai purposes and intent of the officiai controi? (The board shall consider the purposes
and intent of the official control). ,
Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
This structure has not been a bait shop for over a year. Since it has not been a bait shop for more than a year the use changes
which now the structure is ciassified as a Water Oriented Accessory Structure (WOAS).
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property Is lost (practical difficulties) by the strict enforcement of the official
control).
Yes, the property owner is proposing to use the property in a reasonable manner...
X No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
Changes that are being made to the structure/property wiii make the use of the structure more a dweiiing than a WOAS. The
ordinance dearly says that there can be no water or plumbing in a WOAS.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain) floodway, etc. One ar more should be stated on the record. What differentiates this parcel from qthers?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The current property owner did not build the structure, but the land use has changed
4. Will the issuance of the variance maintain thie essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, simiiar sized or number of structures adjacent or in area, etc.)
Yes, the issuance of the yariance will maintain the essential character of the locality....
X No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
The character of the structure was a bait shop and now the character is the boat house.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
Yes, the,need for the variance involves more than just economic considerations....
No, the issuance of the variance is only for economic considerations...
...because:
This question was not answered as the request was denied.
The Otter Tail County Board of Adjustment: APPROVES DENIES X the requested variance.
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: January 9, 2020 _____
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. [Mitigating impervious surface with storm woter management, deep
rooted vegetotive buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
VARIANCE REQUEST CHECKLIST
While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required
by Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request
against the following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted.
As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the
following criteria:
1. Is the variance in harmony with the general purposes and intent of the officiai controi? (The board shall consider
the purposes and intent of the official control).
Yes, grant of this variance is in harmony with the general purposes and intents of the Ottertail Shoreland Management
Ordinance as it will not increase or cause environmental damage and will maintain the general character of this
Recreational Development (RD) lake. In fact, grant of the proposed variance presents several environmental benefits: (1)
addition of the proposed dormer will re-slope more than 25% of the building's roofline away from the lake, (2) Landowners'
proposed plan will decrease their SIZ impervious surface footprint by removing 90 sq. ft of the Boathouse's current cement
patio footprint, (3) the footprint of the Boathouse will not increase with grant of this variance
2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the official control?
(The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of
the official control).
Yes, grant of this variance is reasonable as it permits the Landowners use of their building in a manner and mode consistent
with many similarly sized and situated buildings on W. Leaf lake and surrounding lakes; where, though many area lakeshore
buildings are non-conforming with the 100' RD shoreline setback they have been permitted to add bathrooms and make
small additions to facilitate their reasonable modern use. Here, the requested small addition (the dormer) does not call for
increasing the building's footprint, the proposed dormer maintains the general horizontal sightline maximum height of the
Boathouse's existing Grain Belt rooftop sign and actually improves the directional flow of the roofline's drainage - directing
it away from the shoreline. Again, the building's footprint will not increase with this request and the Landowners have
proposed as part of this project to reduce their SIZ impervious surface.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
landowners? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration,
wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record.
What differentiates this parcel from others? Does this lot have a feature that does not affect all parcelssimilarly?)
Yes, the Boathouse is a pre-existing, non-conforming structure which was built decades before the formulation of the
current statutory Shoreland controls. When the building was built it provided valuable services to people using the lake
and area campers, which included the sale of bait (indoor/outdoor bait tanks with plumbing) and convenience items.
Today, the property no longer functions as a resort but nonetheless the current unique building configuration arises from
its unique history. The Landowner's enjoy owning this piece of history but did not create the unique circumstances that
give rise to this variance request, instead it is the intervening zoning rules that give rise to the current need for a variance.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state
for the record why the request does or does not maintain the character of the area. Is this request similar to what others
have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
Yes, the essential character of W. Leaf Lake, and surrounding area lakes is that of Recreational Development where a
significant portion of the shoreline real estate was developed prior to the promulgation of the Shoreland Management
Ordinances, including shoreline building setback requirements. Accordingly, there are many lake cabins which exist within
the current RD 100' setback. Granting this variance will maintain the essential character of the area and allow Landowner's
to use the building in harmony with the surrounding area. The building's maximum height sightline will be nearly
unchanged with the addition of the proposed dormer. Adding a bathroom will allow a building to be use in a manner in
harmony with the essential character of the area.
. 2 2 iJ
15Feb2019CWL 0 HESOURCt
'5. Does the need for the variance involve more than just economic considerations? (The board shall consider if
economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost
considerable more does not constitute a practical difficulty).
Yes, the underlying reasons for this variance request are not economic in nature; instead, the Landowners seek to
update the use of their existing Boathouse in a manner which is consistent with the recreational development of the
surrounding area.
In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management
Ordinance allows the Board of Adjustment the option to consider the following while deciding on a variance
request:
1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the samearea.
The requested variance would allow the Landowners to update their existing Boathouse in manner and use consistent
with the rights and uses that are currently enjoyed by other owners in the same area: namely, to use their existing
20x40ft structure, located 20' from the lakes-edge, as a recreational building with a bathroom and dormer.
2. Whether existing sewage treatment systems on the property need upgrading before additional
development is approved.
June of 2019 the property had a new seepage-style drain field, with lift station, installed. The new 2019
system has capacity to add an extra bathroom.
3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or
to property values in the neighborhood.
Granting this variance will not be contrary to public interest or damage the rights or property interests of
neighboring property owners; instead, permitting this variance will permit needed investment into this
underdeveloped piece of property (less than 4% of the lot is developed; more than 21% less than what is permitted
under current development ordinances). This property is one of the least developed properties on the lake.
4. No variance will be granted simply because there are no objections or because those who do not object
outnumber those who do.
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and
must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water
management, deep rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be
an infrequent remedy where an ordinance imposes a unique and substantial burden.
^^SCSl\/h[)
mv 2 2 20:9
land S HESOURCl
15Feb2019 CWL
3. Scaled drawing(s) of the proposal, including
the Impervious Surface Worksheet.
A. Original - Signed & Dated
B. 6 - Copies
received
NOV 2 2 203
NOV 2 2 20’fl
LAND&RESOURC'
HEGEIVED
NOV 2 2 2SB
-AMDS resource
otter Tail County Web Map http://WWW.co.otter- tail.mn. us
ll'ESTLElFLAKE
?6()J14II0
WEST LEAF
WEST LEAF
west LEAF LAKE
" 'd-/.S6IUJ40I)
EIVED
^-»ja 2 2 2019
3CSOORC
(otter TAIL
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone fSIZi: Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4 ), but not less than 50 feet. For Ag
land the SIZ is 50 ft from the OHWL (see Section IV.4.).
Existing FL KEY Proposed Ft’
Building(s)800 C 800
Deck(s)
Patio(s)360 i.C 270
Sidewalk(s)
Landing(s)120 i.L 120
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous
TOTAL 1280 1190
Total
Shore Impact Zone Impervious Surface
Existing Ft’Proposed Ft’Total FE
Maximum Allowable 260 Ff
1280 +-90 =1190
LR Online Permilting Forms 2016 Impervious Surface Calculation SIZ 04-11-2016 Signature:Date
RFOEIUEd
nm 2 2 2c;9
ANC -^tSOURCi
IMPERVIOUS SURFACE CALCULATION
List & identify ali existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft’): 126760(ft2) 2.91 Acrs
Buildings Other Impervious Surface
Existing Ft’KEY Proposed Ft’
Dwelling (DW Mobile Home)1344 A 1344
DW Enclosed Porch 280 A1 280
Detached Garage 936 B 936
Utility Shed (Boathouse)800 C 800
Gable Roof Mobile Home 460 D 460
TOTAL BUILDINGS 3820 3820
Existing Ft’KEY Proposed Ft’
DW Deck 48 i.A 48
Boathouse Patio 360 i.C 270
Sldewalk(s)
Landing(s)120 i.L 120
Driveway(s)100 i.D 100
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL OTHER 628 538
Total Buildings
Existing Ft’Proposed Ft’Total Ft’Lot Area Ft’Impervious Surface
Ratio
Buildings Impervious Surface
Percentage
Maximum Allowable 20%
3820 +0 =3820 126760 =0.030135689 X too =3.01%
NOV 2 2 2: :
UMc s assocfif
OTTER Tflll
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
HECEWED
NOV 2 7 2C.3
LANDS RESOURCE
218-998-8095
FAX: 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER 1^^ & MARCH 31^^
I understand that, due to snow cover, the Planning Commission Members and/or
the Board of Adjustment Members may not be able to view my property/project
(Tax Parcel #135000990537000 h. described on my
I I Conditional Use/Interim Use Permit Dated
□ Application Preliminary Plat Application Dated 0 Variance Application Dated 11/20/19
Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to
take action within 60 days of receipt of my completed Application(s).
Check One:
0 I agree to waive the 60-Day Rule in order to allow time for the Planning Commission
Members and/or Board of Adjustment Members to view my property before taking action on
my Application(s).
□ I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving
LR Online Permitting Forms 2016 Waiver 60 Day Rule FillaWe 07-26-2016
AUTHORIZED AGENT FORM
hereby authorize Lilly
public hearing application on property located at:
47397 Windy Hill TrISite address
Section # 135N 38W Township Name Lsaf LakG
Parcel Number(s)___35000990537000_______________
to act as my authorized agent for all
Property Owner(s) name (print) ^icJ, Lilly &^melia Lilly
Property Owner(s) Signature(s)
Property Owners Phone Number 218-452-3292: 218-579-0667
Authorized Agent Phone Number 218-452-3292
Date___11/4/2019
RECEIVED
NOV 2 2 20;j
LAND&RESOURC
OTTER TAIL COUNTY, MN
Wayne Stein, Auditor-Treasurer
570 Avenue West
Fergus Falls, MN 56537-1364 218-998-8295
WWW CO otter-tail mn us
2019 Property Tax Statement
step
1
PROPERTY ID#:
ID#: 163315
Bill#: 1345
Taxpayer:
ERIC J & EMELIA LILLY
37027 580TH AVE
WARROAD MN 56763-9112
Tax Desc:
Sect-17Twp-134 Range-038
LOTS 1.2 & 3 BLK 1
47397 WINDY HILL TRL____
R 35000990537000
Step
2
step
3
VALUES AND CLASSIFICATION
Taxes Payable Year Classification
Estimated Market Value
Improvements Excluded
Homestead Exclusion
Taxable Market Value
New Improvements
Expired Exclusions
2018
SEASONAL
270,400
270.400
2019
SEASONAL
250.200
Sent in March 2018
PROPOSED TAX
Proposed Tax
250.200
2,094.00
WEST SANDY POINT BEACH
HENNING MN,
$$$
REFUNDS?
Sent in November 2018
PROPERTY TAX STATEMENTFirst-tialf Taxes 1,084.00
Second-half T axes 1,084,00
Total Taxes due in 2019 2,168.00
y'ou may be eligible for one or even two
refunds to reduce your properly tax.
Read the back of this statement to
find out how to apply.
taxes Payable Year:
1. Use this amount on Form Ml PR to see if you are eligible for a homestead credit retund.
File by August ts. If this box is checked, you owe delinquent taxes and are not eligible.
2. Use this amount for the special property tax refund on schedule 1 of Form Ml PR
Property Tax and Credits
3. Property taxes before credits
4. A. Agricultural and rural land credits
B. Other credits to reduce your property tax
5. Property taxes after credHa
Property Tax by Jurisdiction
6. Otter Tall County
o
7. City or Town
8. State General Tax
9. School District
LEAF LAKE TOWNSHIP
0545 A. Voter Approved Levies
R Ofbfir I tv'Jil I av/Iac:10. Special Taxing Districts tail county hra
11. Non-school voter approved referenda levies
12. Total property tax before special assessments
Special Asaassmenta on Your Property
13. Special assessments Principal: 70.00 Interest:
SOLID WASTE 70.00
14, YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS
2018 2019 '
2,267.00 2,098.00
2,267.00 2,098.00
1.142.73 1,039.94
379.05 352.53
467.11 408.42
127.63 114.92
131.74 149.49
18.74 32.70
2,267.00 2,098.00
55.00 70.00
2.322.00 2,168.00
2 2 2C:3
UND 8 RESOURCr
OTTER TAIL COUNTY
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
)
) ss
)
Fergus Falls, Minnesota
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 24*^ day of December, 2019 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
2«■
Property Owner
Eric & Emeiia Lilly
37027 SSO**’ Ave
Warroad MN 56763
Township Clerk
Dawn Lueders, Clerk
Leaf Lake Township
49459 330*^ St.
Ottertail MN 56571
Lake Association
NA
City Clerk (if located within 2 miles of a city) City of Ottertail, Elaine Hanson, Clerk PO Box 245, Ottertail MN 56571
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils (f^r Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573Littl^^iponald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little^*^ Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Peliqfr, Fi^, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13"’ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
^ulie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St S, Fergus Falls MN 56537
Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.
Dated: December 24, 2019
Amy Busko, Secretary
Otter Tail County Board of Adjustment
By:
Amy Busko
l:\BOA\Affidavits\Lilly (114) 01-09-20.docx
Number of Notices &
Envelopes TO Print
File i
Extra
BOA Members
PC Member__
Envelopes___
Minutes
TOTAL NOTICES TO PRINT__
I I/tedded to Agenda
I \/|Print out Findings of Fact Sheet
Newspapers
Buffer Parcels
Parcel No Name 1 Name 2 Addr 1 Addr 2 City St ZiD
35000170167000 Jerome W & Delores A Hance 1867 County Road 35 \A/Buffalo MN 55313 4414
35000170168001 Astle 1st 29744 530th Ave Deer Creek MN 56527 9630
35000170168002 Barbara J Record 3276 140th Ave NW Andover MN 55304 7554
35000170168003 Elaine Carlson 47362 Windy Hill Rd Henning MN 56551 9206
35000170168004 Elaine Carlson 47362 Windy Hill Rd Henning MN 56551 9206
35000170168005 Astle 1st 29744 530th Ave Deer Creek MN 56527 9630
35000170168006 Alois L & Frances G Terveer 47387 Windy Hill TrI Henning MN 565519207
35000170168007 Albert F & Marilee R Bohn 47457 Windy Hill Rd Henning MN 565519206
35000170168008 Ricky A & Deanna L Flammer 25925 County Highway 61 Henning MN 56551 9236
35000170168009 Ricky A & Deanna L Flammer 25925 County Highway 61 Henning MN 565519236
35000170168010 Alois L & Frances G Terveer 47387 Windy Hill TrI Henning MN 56551 9207
35000170168011 Kathleen G Widness Et Al 227 Irving Ave SW Wadena MN 56482 1963
35000200180003 Glenn K S Kathleen A Carlson 5650 Vagabond Ln N Plymouth MN 55446 1325
35000200180006 Leaf Lake Township Attn Kristy Thalmann 31340 State Highway 108 Ottertail MN 56571 9607
35000200182003 Arnold G Bolland Rev Tst Et Al 1005 Stony Brook Mnr,Fergus Falls MN 56537 4413
35000990537000 Eric J & Emelia Lilly 37027 580th Ave Warroad MN 56763 9112
Thursday. December 19. 2019 Paee 1 of 1
Buffer Mail
Name Address i Address 2 City, State, Zip
Arnold G Bolland Rev Tst Et Al 1005 Stony Brook Mnr Fergus Falls MN 56537 4413
AstleTst 29744 530th Ave Deer Creek MN 56527 9630
Albert F & Marilee R Bohn 47457 Windy Hill Rd Henning MN 56551 9206
Elaine Carlson 47362 Windy Hill Rd Henning MN 565519206
Glenn K & Kathleen A Carlson 5650 Vagabond Ln N Plymouth MN 55446 1325
Ricky A & Deanna L Hammer 25925 County Highway 61 Henning MN 565519236
Jerome W & Delores A Hance 1867 County Road 35 W Buffalo MN 55313 4414
Kathleen G Widness Et Al 227 Irving Ave SW Wadena MN 56482 1963
Leaf Lake Township 31340 State Highway 108 . Ottertail MN 56571 9607
Eric J & Emelia Lilly 37027 580th Ave Warroad MN 56763 9112
Barbara J Record 3276 140th Ave NW Andover MN 55304 7554
Alois L & Frances G Terveer 47387 Windy HillTrl Henning MN 56551 9207
Thursday, December 19, 2019 Page 1 of 1
VARIANCE REQUEST CHECKLIST
While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required
by Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request
against the following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted.
As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the
following criteria;
1. Is the variance in harmony with the generai purposes and intent of the officiai controi? (The board shall corisider
the purposes arid intent of the official control).
Yes, grant of this variance is in harmony with the general purposes and intents of the Ottertail Shoreland Management
Ordinance as it will not increase or cause environmental damage and will maintain the general character of this
Recreational Development (RD) lake. In fact, grant of the proposed variance presents several environmental benefits: (1)
addition of the proposed dormer will re-slope more than 25% of the building's roofline away from the lake, (2) Landowners'
proposed plan will decrease their SIZ impervious surface footprint by removing 90 sq. ft of the Boathouse's current cement
patio footprint, (3) the footprint of the Boathouse will not increase with grant of this variance
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
(The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of
the official control).
Yes, grant of this variance is reasonable as it permits the Landowners use of their building in a manner and mode consistent
with many similarly sized and situated buildings on W. Leaf lake and surrounding lakes; where, though many area lakeshore
buildings are non-conforming with the 100' RD shoreline setback they have been permitted to add bathrooms and make
small additions to facilitate their reasonable modern use. Here, the requested small addition (the dormer) does not call for
Increasing the building's footprint, the proposed dormer maintains the general horizontal sightline maximum height of the
Boathouse's existing Grain Belt rooftop sign and actually improves the directional flow of the roofline's drainage - directing
it away from the shoreline. Again, the building's footprint will not increase with this request and the Landowners have
proposed as part of this project to reduce their SIZ impervious surface.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
landowners? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration,
wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record.
What differentiates this parcel from others? Does this lot have a feature that does not affect all parcelssimilarly?)
Yes, the Boathouse is a pre-existing, non-conforming structure which was built decades before the formulation of the
current statutory Shoreland controls. When the building was built It provided valuable services to people using the lake
and area campers, which included the sale of bait (indoor/outdoor bait tanks with plumbing) and convenience items.
Today, the property no longer functions as a resort but nonetheless the current unique building configuration arises from
its unique history. The Landowner's enjoy owning this piece of history but did not create the unique circumstances that
give rise to this variance request, instead it is the intervening zoning rules that give rise to the current need for a variance.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state
for the record why the request does or does not maintain the character of the area. Is this request similar to what others
have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
Yes, the essential character of W. Leaf Lake, and surrounding area lakes is that of Recreational Development where a
significant portion of the shoreline real estate was developed prior to the promulgation of the Shoreland Management
Ordinances, including shoreline building setback requirements. Accordingly, there are many lake cabins which exist within
the current RD 100' setback. Granting this variance will maintain the essential character of the area and allow Landowner's
to use the building in harmony with the surrounding area. The building's maximum height sightline will be nearly
unchanged with the addition of the proposed dormer. Adding a bathroom will allow a building to be use in a manner in
harmony with the essential character of the area.
15Feb2019 CWL
,5. Does the need for the variance involve more than just economic considerations? (The board shall consider if
economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost
considerable more does not constitute a practical difficulty).
Yes, the underlying reasons for this variance request are not economic in nature; instead, the Landowners seek to
update the use of their existing Boathouse in a manner which is consistent with the recreational development of the
surrounding area.
In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management
Ordinance allows the Board of Adjustment the option to consider the following while deciding on a variance
request:
1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the samearea.
The requested variance would allow the Landowners to update their existing Boathouse in manner and use consistent
with the rights and uses that are currently enjoyed by.other owners in the same area: namely, to use their existing
20x40ft structure, located 20' from the lakes-edge, as.a recreational building with a bathroom and dormer.
2. Whether existing sewage treatment systems on the property need upgrading before additional
development is approved.
June of 2019 the property had a new seepage-style drain field, with lift station, installed. The new 2019
system has capacity to add an extra bathroom.
3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or
to property values in the neighborhood.
Granting this variance will not be contrary to public interest or damage the rights or property interests of
neighboring property owners; instead, permitting this variance will permit needed investment into this
underdeveloped piece of property (less than 4% of the lot is developed; more than 21% less than what is permitted
under current development ordinances). This property is one of the least developed properties on the lake.
4. No variance will be granted simply because there are no objections or because those who do not object
outnumber those who do.
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and
must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water
management, deep rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be
an infrequent remedy where an ordinance imposes a unique and substantial burden.
15Feb2019 CWL
3. Scaled drawing(s) of the proposal, including
the Impervious Surface Worksheet.
A. Original - Signed & Dated
B. 6 - Copies
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone (SIZ): Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4 ), but not less than 50 feet. For Ag
land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Existing Ft'KEY Proposed Ft'
Building(s)800 C 800
Deck(s)
Patio(s)360 i.C.270
Sidewalk(s)
Landing(s)120 i.L 120
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL 1280 1190
Total
Shore Impact Zone Impervious Surface
Existing Ft'Proposed Ft'Total Ft'
Maximum Allowable 260 Ff
1280 +-90 1190
LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016 Signature;Date:
otter Tail County Web Map http://WWW. CO. o tter- tail. mn. us
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft’): 126760(ft2) 2.91 Acrs
Buildings Other Impervious Surface
Existing Ft’KEY Proposed Ft’
Dwelling {DW Mobile Home)1344 A 1344
DW Enclosed Porch 280 A1 280
Detached Garage 936 B 936
utility Shed (Boathouse)800 C 800
Gable Roof Mobile Home 460 D 460
TOTAL BUILDINGS 3820 3820
Existing Ft’KEY Proposed Ft’
DW Deck 48 i.A 48
Boathouse Patio 360 i.C 270
Sidewalk(s)
Landing(s)120 i.L 120
Driveway(s)100 i.D 100
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL OTHER 628 538
Total Buildings
Existing Ft’Proposed Ft’Total Ft’Lot Area Ft’Impervious Surface
Ratio
Buildings Impervious Surface
Percentage
Maximum Allowable 20%
3820 +0 =3820 126760 =0,030135689 X 100 =3.01%