HomeMy WebLinkAbout08000160119002_Variances_07-09-2020olPI*1
12421S2Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OH
08/10/2020 10:16 AM
FEE: 46,00
PAGES 7
WELL CERTIFICATE REC'D: N
. received
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oIano s resource
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SCANNEDCO
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
,vww.co-Otter-taii.iTin.uiOTTfilTflll
Soo-Application Fee
Receipt Number 6^1
DateAccepted by
Property Owner
Ku ^ e: H^-T'Name
c2‘?S7G» -T! Cit. TeJL.'■'AU M7"-" /V/ CAddress
City I\}j) bkto^iL
1m.;state /WM
Zip
Daytime
Phone ^l'S-79o-^(e99
A.r4-r ^ rvv5»AJ.Email
Parcel Information
Lake Class54 -'5^^L>xKeiLake NameLake No
n^oooi(i70(i^ofiAParcel Number(s)
Parcel Number(s)
SectionTownship Name
{ 2- 6'^ 1 (iP TwaI'^H'^ ($“7a/ V/
pf tiL t (m MS-f-glv/ ^*•('■2- PlK I o-f
?o'iy\]r ‘' ‘_______^________________
Tf/0€- T/2U . u:i!\:
Legal Description
Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
□□□structure
Setback SubdivisionStructure Size Sewage System
□□□MiscellaneousClusterWECS
Version Dale: 05/04/2020
1
n
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SEaiON(S) AND OTTER TAL COUNTY
ORDINANCE(S) FROM WHICH THE VAIANCE REQIEST IS FOR. PLEASE BE BRIEF AS THIS WIL^ BE USED FOR PUBLIC NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: R 4 fV| g 1// U l)j ,icf
//I # VSECTION OF ORDINANCE:
'po^>Sfbtt •'
loo" 5e4 fc>Acic 4^
Ar"S>UO^ V 4?Z5.\.V6 -£><11^7^ Ar^ '\'lAJk /£>c>'
'to 5^^" 4^0*^ OtlwL.lAi /vLA^k&J>^ A<2^
Tf^!^ iUav/£ wjoolc^ /o*-(- 4^4- lAi
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION
CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY.
I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION.
I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
APPLICATIONS ACCEPTED BY EMAIL ONLY DURING THE COVID-19 PUBLIC HEALTH EMERGENCY OECURATION. EMAIL ALL REQUIRED
DOCUMENTATION LISTED ON THE APPLICATION CHECKUSTTO fiO A,^CO OTtffj’ ; i! PERMIT FEES MUST BE MAILED IN AND RECEIVED BY
NOON ON THE DEADLINE DATE. PLEASE NOTE ON THE CHECK WHAT APPLICATION THE CHECK IS FOR.
.3/
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
/t/Date of Hearing 9, ao^o Time L'oo pn'i
fWIrttinn
Kurt & Tracie Stellrecht - Variance Application Approved with Condition (6:38 p.m.)
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson to approve the
variance to relocate a building being 65’ from the ordinary high-water level. This decision 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. The variance as approved does not directly or indirectly grant any other variances for
future development.
fhyUJ /rhh/) i7u)/Ut^J Ll/
Cnairman/OtterTail County Board of Adjustment
Permit(s) required from Land & Resource Management V NoYes
Note: If Yes, contact Land & Resource Management
Copy of Application mailed to Applicant, County Assessor and MN DNR i L&R Qffidal/Date
Version Date: 05/04/2020
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER Tflil
ooaaTT •laaiieia
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS. MN 56537 218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Applicant:Kurt & Tracie Stellrecht
Address/Parcel No. 29876 Evening Tide TrI / 08000160119002
Requested Variance: This proiect/buildinE move would not fit in the required 100' setback due to the unique property
\A/ith a bluff & driveway sittinR at the 100 ft. required setback. Purpose to move building 50' from OHWL in marked area
in photo's (photo's on file at Land & Resource Management).
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: III. 4. A. (setback requirements)
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: Currently the structure is sitting in a low spot and it is not being utilized.
We want to move it to higher ground and utilize it as a garage.
The applicant identified the following practical difficulty: The addition will allow them to put a full bath in place of a % bath.
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The Shoreland Management Ordinance allows property owner to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
□ No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are similar structures and land uses in the neighborhood with similar setbacks.
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 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 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:
>r
The topography of the land restricts the suitable area for use being considered.
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.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar land use patterns and use of property in the vicinity of the request.
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).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The proposed improvements are to an existing legal non-conforming structure.
the requested variance.DENIESThe Otter Tail County Board of Adjustment: APPROVES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: July 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 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.
I
1199102
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
^ ) filed ( ) not required.
Real Estate Value No!^*'^S3~73
l3^ ■
X (Year)
<='*~Wayne Stein, County Auditor/Treasurer
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
11/14/2017 11:39 AM
(ICO
'^gCert. of
FEE: 46.00
PAGES 3
WELL CERTIFICATE REC'D: N
iQO
by.
Og OCX) ItO II Deputy
5-M WARRANTY DEED
lndividual(s) to Joint Tenants
7^373STATE DEED TAX DUE HEREON: $ 1,122.00
Date; Mciy VxJof-r/.
eCRV#
Parcel #08.000.16.0119.002
FOR VALUABLE CONSIDERATION, Robert D. Wilson, a single person, Grantor, hereby conveys and
warrants to Kurt Alan Stellrecht and Trade Rennee Stellrecht, Grantees, as joint tenants, real property in
Otter Tail County, Minnesota, described as follows:
That part of Government Lot Two (2) of Seetion Sixteen (16), Township One Hundred Thirty-seven
(137) North, Range Forty-one (41) West of the Fifth Principd Meridian in Otter Tail County,
Minnesota, described as follows:
Commencing at an iron monument which designates the most easterly comer of Lot 2, Block 1 of
Trowbridge Point, plat of which is on file and of record in the office of the Recorder of said County;
thence North 53 degrees 45 minutes 00 seconds West 100.01 feet on an assumed bearing along the
northeasterly lines of Lots 2 and 1 of said Trowbridge Point, to an iron monument at the most northerly
comer of said Lot 1; thence continuing North 53 degrees 45 minutes 00 seconds West 60.00 feet along
the southwesterly line of a Public Road as described by Quit Claim Deed in Book 323 of Deeds, page
141, and recorded in the office of the Recorder of said County to an iron monument; thence continuing
North 53 degrees 45 minutes 00 seconds West 100.00 feet along the southwesterly line of said Public
Road to an iron monument; thence continuing North 53 degrees 45 minutes 00 seconds West 520.12 feet
along the southwesterly line of said Public Road to an iron monument; thence North 49 degrees 58
minutes 00 seconds West 173.59 feet continuing along the southwesterly line of said Public Road to an
iron monument, said point is the point of beginning; thence South 03 degrees 15 minutes 04 seconds
West 118.38 feet to an iron monument; thence South 51 degrees 01 minutes 24 seconds West 110.00
feet to an iron monument; thence South 04 degrees 18 minutes 20 seconds East 193.55 feet to an iron
monument; thence continuing South 04 degrees 18 minutes 20 seconds East 25 feet, more or less, to the
water's edge of Leek Lake; thence westerly, northwesterly, easterly and northerly along water's edge of
said Leek Lake to the north line of said Section 16; thence South 89 degrees 17 minutes 59 seconds East
105.00 feet, more or less, along the north line of said Section 16 to an iron monument; thence continuing
South 89 degrees 17 minutes 59 seconds East 108.95 feet along the north line of said Section 16 to the
westerly line of said Public Road, thence South 13 degrees 38 minutes 00 second East 519.64 feet along
the westerly line of said Public Road to an iron monument; thence South 49 degrees 58 minutes 00
second East 53.09 feet along the southwesterly line of said Public Road to the point of beginning
COUMTY OF OTTER TA.L
aiATE OF MINNESOTA
DEED TAX
V 1
EXCEPT that part of Government Lot Two (2), of Section Sixteen (16) Township One Hundred Thirty-
seven (137) North, Range Forty-one (41) West of the Fifth Principal Meridian, Otter Tail County
Minnesota, described as follows:
Commencing at a found iron monument which designates the most northerly comer of Lot One (1),
Block One (1), Leek Lake Heights, said Plat is on file and of record in the office of the Recorder of said
County; thence South 03 degrees 15 minutes 04 seconds West 118.38 feet on an assumed bearing along
the westerly line of said Lot One (1) to a found iron monument; thence South 51 degrees 01 minute 24
seconds West 110.00 feet continuing along the westerly line of said Lot One (1) to a found iron
monument, said point is the point of beginning; thence South 04 degrees 22 minutes 21 seconds West
198.22 feet to an iron monument; thence continuing South 04 degrees 22 minutes 21 seconds West 18
feet, more or less to the water's edge of Leek Lake; thence easterly along the water's edge of said Leek
Lake to the westerly line of said Lot One (1), thence North 04 degrees 18 minutes 20 seconds West 25
feet, more or less, along the westerly line of said Lot One (1) to a found iron monument; thence
continuing North 04 degrees 18 minutes 20 seconds West 193.55 feet along the westerly line of said Lot
One (1), to the point of beginning.
SUBJECT TO a non-exclusive 12.00 foot wide easement for driveway purposes over, under and across
part of Government Lot 2 of Section 16, Township 137 North, Range 41 West of the Fifth Principal
Meridian in Otter Tail County, Minnesota. The centerline of said 12.00 foot wide driveway easement is
described as follows:
Commencing at a found iron monument which designates the most northerly comer of Lot 1, Block
One, of LEEK LAKE HEIGHTS, said plat is on file and of record in the office of the Recorder in said
County; thence South 03 degrees 15 minutes 04 seconds West 118.38 feet on an assumed bearing along
the westerly line of said Lot 1 to a found iron monument; thence South 51 degrees 01 minute 24 seconds
West 14.60 feet continuing along the westerly line of said Lot 1 to the point of beginning of the
centerline to be described; thence North 73 degrees 11 minutes 25 seconds West 20.29 feet; thence
northerly on a curve concave to the west, having a central angle of 20 degrees 27 minutes 50 seconds
and a radius of 75.00 feet, for a distance of 26.79 feet (chord bearing North 21 degrees 08 minutes 22
seconds East); thence North 10 degrees 54 minutes 27 seconds East 105.24 feet to the southwesterly line
of a certain 2 rod wide (33.00 feet) strip of land for road purposes as described in Quit Claim Deed 323,
page 141, said deed is on file and of record in the office of the Recorder in said County and said
easement centerline there terminates. The sidelines of said 12.00 foot wide driveway easement shall be
prolonged or shortened to terminate on the westerly line of said Lot 1 and on the southwesterly line of
said 2 rod (33.00 feet) wide strip of land for road purposes.
<
3-M WARRANTY DEED
Individual(s) to Corporation, Partnership or
Limited Liability Company
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions;
Covenants, Easements and Restrictions of Record, if any.
Check Box if Applicable:
0 The Seller certifies that the seller does not know of any wells on the described real property.
Q A well disclosure certificate accompanies this document.
^ 1 am familiar with the property described in this instrument and I certify that the status and number of
wells on the described real property have not changed since the last previously filed well disclosure
certificate.
h
Robert D. Wilson
STATE OF MINNESOTA )
)ss.
COUNTY OF BECKER )
^ day ofThe foregoing instrument was acknowledged before me on this
by Robert D. Wilson, a single person. Grantor.
2017,
,1
ROXANNE m!rIE^R|
NOTARY PUBLIC |
MINNESOTA SMy OenWdaSfiEiipims Jan. 31.2018 I
NOTARJAL^il
SIGNATpltE OF PERSON TAKING ACKNCJWLEDGEVIENT
Check here if pan or all of the land is Registered (Torrens) Q
Tax Statements for the real property described in this instrument should be sent to
(include name and address of Grantee):
THIS tNSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS)Stellar Trenching, LLC
3316 42nd Avenue South
Fargo, ND 58104Becker County Title Services
828 Minnesota Avenue
Detroit Lakes, MN 56501
Order No.: DL17-0787 rinr
' Tom Miller - Variance Application Approved as Requested (6:32 p.m.)
Tom Miller, Government Lot 2. Blanche Lake (56-240) in Everts Township requested the following: I'm requesting a variance of 36 ft
from the required 100 ft OHWL setback to build a 6 ft x 14 ft addition to the house. The front of the addition will be 64 ft from the
OHWL. The front of the house is 54 ft from the OHWL.
Tom Miller, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for
or against the variance application. An email was received which was forwarded to the board for their review .
After consideration and discussion, Darren New ville made a motion, seconded by Tliomas Lee and carried by a roll call vote to
approve the variance request to construct an addition to the house being 36 ft. from the ordinary high-water level. This decision 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.
Roll call vote as follows:
Board of Ad justment YEA NAY ABSENT ABSTAIN
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Bruce Stone - PC Member
X
X
Kurt & Tracie Stellrecht - Variance Application Approved with Condition (6:38 p.m.)
Kurt & Tracie Stellrecht, Pt of GL 2 Com Most Ely Cor Lot 2 Blk 1 of Trowbridge Point, Leek Lake (56-532) in Candor Tow nship
requested the follow ing: This project/building move would not fit in the required 100" setback due to the unique property with a bluff
& driveway sitting at the 100 ft. required setback. Purpose to move building 50' from OHWL in marked area in photo’s (photo’s on
file at Land & Resource Management).
Kurt & Tracie Stellrecht, property owners represented the variance application via GoToMeeting. The audience was polled w ith no
one speaking for or against the variance application.
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson to approve the variance to relocate
a building being 65’ from the ordinary high-w ater level. This decision is also based on the Findings of Fact and Decision Form, w hich
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. The variance as approved does not directly or indirectly
grant any other variances for future development.
Roll call vote as follows:
Board of Adjustment YEA NAY ABSENT ABSTAIN
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Bruce Stone - PC Member
X
X
Mike & Char Solberg - Variance Application Denied (6:53 p.m.)
Mike & Char Solberg, Lots 28 & 29 Blk 1 of Haugen’s Point, Pelican Lake (56-786) in Dunn Township requested the following: We
are requesting a variance to partially subdivide Lot 28 and permanently attach a portion to Lot 29 for the construction of a new lake
home on Lot 29. We are also requesting a variance to allow- for the second dwelling on Lot 29. The two existing structures will
Page I 3 Board of Adjustment
July 9. 2020
STAFF REPORT
Kurt & Trade StellrechtAPPLICANT:
The project/building move would not fit in the required 100' setback due to the unique
property with a bluff & driveway sitting at the 100 ft. required setback. Purpose to
move building 50' from OHWL in marked area in photo's (photo's on file at Land &
Resource Management).
APPLICATION:
29876 Evening Tide Trail, Vergas MN 56587 08000160119002LOCATION:
LAKE NAME/NUMBER/CLASS: Leek, 56-532, RD
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County Visittttei
x|o.
29876 EVtWJG TTDE m
’.r
mstaff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1.
J
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp.4,A
LAKES RIVERS
SETBACKS (Ft)U&TGDRDNE Ae Trans
Elevation Above OHWL
Vertical Separation*3 3 3 3 3 3
Setback From
OHWL
Dwellings / Non-Dwellings 100 200 100 100 15075
20 20 20 20 20 20WOAS
Lotline**
Single Family Residence
Commercial PUD
10 10 10 10 1010
50 50 50 50 50 50
Residential PUD 50 50 50 5050 50
65 90 40 65 115WOAS40
Top of Bluff 30 3030 30 30 30
Road Right-of-Wav (Public / Private)
All Structures 20 20 20 20 20 20
Septic Tanks
All Structures 10 10 10 10 10 10
Soil Treatment Area
Dwelling
Non-Dwelling
Maximum Structure Height
20 20 20 2020 20
10 101010 10 10
Dwelling
Non-Dwelling ***
35 35 35353535
20 2020 20 20 20
10 10 10WOAS101010
Staff Comments: Based on a review of the application and a site review, Staff offers the following
comments:
1.
4
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LAND & RESOURCE MANAGEMENT? OTTER TAIL
f COUNTY - MINNESOTA
Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Kurt & Trade Stellrecht
29876 Evening TideTrl
Vergas MN 56587
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, July 9, 2020 at 6:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 08000160119002
Pt of GL 2 Com Most Ely Cor Lot 2 BIk 1 of Trowbridge Point
Section 16, Township 137, Range 41
Township Name - Candor
Leek (56-532), Recreational Development (RD)
29876 Evening Tide TrI, Vergas MN 56587
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
This project/building move would not fit in the required 100' setback due to the unique property with a
bluff & driveway sitting at the 100 ft. required setback. Purpose to move building 50' from OHWL in
marked area in photo's (photo's on file at Land & Resource Management).
Amy Busko
Board of Adjustment Secretary
June 25, 2020
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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 practicai 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 appiicant, 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 official control? (The board shall consider the
purposes and intent of the official control). . . .LAfloc J'S 15. Ia/IHv at. 10d‘ Ao 'praopt«-’r<^
Aio |C5c>‘ -^4- hficcU- cC-oG; 4-*»
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
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3. Is me need for a variance due to the circumsrances 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 parcels similarly?)
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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.) . g
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5. Does the need for the vanance 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
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more does not constitute a practical difficulty).
15Feb2019 CWL
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^'m tTiaC2n«Not a legal document. For Refer4hceiUseiQnlyyAccuracv is not guaranteed.a02 061
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Chris LeClair
i^v'
Tyler Marthaler
Tuesday, June 9, 2020 2:25 PM
Chris LeClair
FW: Variance Process
From:
Sent:
To:
Subject:
Tyler Marthaler
Wetland Specialist, Land & Resource Management
540 W Fir AVE
Fergus Falls, MN 56537
218.998.8111
tmarthal@co.ottertail.mn.us
From: KURT STELLRECHT <stellartr@msn.com>
Sent: Monday, June 8, 2020 12:51 PM
To: Tyler Marthaler <tmarthal@co.ottertail.mn.us>
Subject: Re: Variance Process
Tyler,
You have permission from me to apply 50 ft from OHWL, for my application of variance, the area will be
staked out and ready for all to look at. I am just moving it at a angle to keep distance from OHWL.
If you need more info on a email please advise, just trying to make this as easy as possible for all involved
Kurt Stellrecht
Stellar Trenching Inc.
701-232-2699 (O)
218-790-2699 (C)
From: Tyler Marthaler <tmarthal@co.ottertail.mn.us>
Sent: Wednesday, May 6, 2020 3:43 PM
To: stellartr@msn.com <stellartr@msn.com>
Subject: Variance Process
Kurt,
Attached is a rough map of 100' setback from the OHWL. To apply for a variance please review the links below regarding
Application and checklists. Filing Date is May 2r* for June 11**’ Meeting. $500 non refundable fee. Let me know if you
have any questions. Thanks.
1
https://ottertailcountvmn.us/board/board-of-adiustment/
https://ottertailcountvmn.us/wp-content/uploads/2018/08/APPLICATION-FOR-VARIANCE-COVID-WITH-FACTS-2020-05-
04-Final.pdf
https://ottertailcountvmn.us/content-page/land-resource-forms-worksheets/
Tyler Marthaler
Wetland Specialist, Land & Resource Management
540 W Fir AVE
Fergus Falls, MN 56537
218.998.8111
tmarthal@co.ottertail.mn.us
2
Firefox https://outlook.live.com/mail/inbox/id/AQMkADAwATc3AGZmA...
Variance Process
Tyler Marthaler <tmarthal@co.ottertail.mn.us>
Wed 5/6/2020 3:43 PM
To: stellartr@msn.com <stellartr@msn.com >
|| 1 attachments (198 KB)
Leek-Kurt.pdf;
Kurt,
Attached is a rough map of 100' setback from the OHWL To apply for a variance please review the links
below regarding Application and checklists. Filing Date is May 21®’^ for June 11^^ Meeting. $500 non
refundable fee. Let me know if you have any questions. Thanks.
https://ottertailcountvmn.us/board/board-of-adiustment/
https://ottertailcountvmn.us/wp-content/uploads/2018/08/APPLICATION-FOR-VARIANCE-COVID-WITH-
FACTS-2020-05-04-Final.pdf
https://ottertailcountvmn.us/content-page/land-resource-forms-worksheets/
lyier Marthaler
Wetland Specialist, Land & Resource Management
540 W Fir AVE
Fergus Falls, MN 56537
218.998.8111
tmaithal V/co.ottertail.mn.us
1 of 1 5/20/2020, 3:50 PM
OTTER TAIL COUNTY
Fergus Falls, Minnesota
)STATE OF MINNESOTA
) ss
)COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 25*'^ day of June, 2020 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Township Clerk Lake AssociationProperty Owner
Sharon Sauer, Clerk
Candor Township
51902 County Hwy 17
Detroit Lakes MN 56501
NAKurt & Trade Stellrecht
29876 Evening Tide TrI
Verges MN 56587
City Clerk (if located within 2 miles of a city) NA
n 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 (N^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
LittleTltflronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little pJS^& Big Pine:
Pelic^ FishSBass & 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, Undenwood, MN 56586
LU
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
__Julie 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
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: Bruce Stone, 45302 Plentywood Rd, Perham MN 56573
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.Number of Notices &
Envelopes to Print
1FileDated: June 25, 2020
Extra
BOA Members
PC Member
Envelopes _
TOTAL NOTICES TO PRINT____
Added to Agenda Map
Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press
5Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
1 MinutesBy:8Amy Busko
20
l:\BOA\July BOA\Stellrecht, Kurt Affidavit (56-532) 07-09-20.
Buffer Parcels
Addr 2 Citv St ZipAddrlParcel No Name 2Name 1
Delano MN 55328 4572862 Wild IrisCir08000090064001 Scott & Dawn Paul
Moorhead MN 56560 64457011 9th St N08000090064002 Chad M & Holly M Larson
VergasMN 56587 944450622 County Highway 1708000090065007 David & D Ebersviller Tsts
Fargo ND 58104 66313316 42nd Ave S08000160119002 Steliar Trenching LLC
Vergas MN 56587 944029998 Evening Tide Tri08000160119003 Rodger A 8i Mary Lili
08000160120004 Richard K & Sandra J Deilke Vergas MN 56587 946930171 WingTrl
Vergas MN 56587 946930171 Wing TrI08000160120005 Richard K & Sandra J Deilke
08000160128000 David & D Ebersviiier Tsts Vergas MN 56587 944450622 County Highway 17
0008000990541000 To The Public
Vergas MN 56587 944029998 Evening Tide Trl08000990542000 , Rodger A & Mary till
Vergas MN 56587 943749881 Trowbridge Cir08000990543000 John H Davis lii Et Al
08000990544000 Broker Earn Tst Vergas MN 56587 973749863 Trowbridge Cir
Page 1 of 1Wednesdav, June 24, 2020
Buffer Mail
City, State, ZipAddress 2Address 1Name
Vergas MN 56587 973749863 Trowbridge CirBroker Fam Tst
Vergas MN 56587 944450622 County Highway 17David & D Ebersviller Tsts
Vergas MN 56587 946930171 Wing TrIRichard K & Sandra J Deilke
Vergas MN 56587 943749881 Trowbridge CirJohn H Davis lii Et Al
Moorhead MN 56560 64457011 9th St NChad M & Holly M Larson
Vergas MN 56587 944029998 Evening Tide TrIRodger A & Mary Lill
Delano MN 55328 4572862 Wild Iris CirScott & Dawn Paul
Fargo ND 58104 66313316 42nd Ave SStellar Trenching LLC
Page 1 of 1Wednesday, June 24, 2020
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA1044738
I hereby certify that
this instrument #—
was filed/recorded m fbis office
for reccftd on the—4
m
1044738
dav of
c\arrnpm2008 at lOAJL
etcalf,.County RecdrWei
by:.recording fee
well certificatj
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
Wjo s-jisfy
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
d.DAYTIME PHONEPROPERTY OWNER
6
^3^ LAKE NAME /<^ X/2 ^5MAILING ADDRESS
ZiJLAKE CLASSLAKE NUMBER
lA m.TOWNSHIP RANGE TOWNSHIP NAMESECTION
/? Og booiiol IHOPZ ADDRESS Idf‘ti 7h flJjP/0 "trr^7 IPARCEL
NUMBER
LEGAL DESCRIPTION
PT Gk 9s
/^LK Z a'f^
c(^/n iTa/ Cc?/^
T~Z^kJ Pd> }AJp', A/
TYPE OF VARIANCE REQUESTED (Please Check)
Cluster Misc.SubdivisionStructure Setback Structure Size Sewage System
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
cr^,^rJ^ a UxZ~tA r
to IcxZtX oa/y 7
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
MENT REGARDING THIS MATTER.
I ALSO UNDERS
RESOURCE MA^
/f(UX)^jA>r)
DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
4
iC. ^TimeDate Of Hearing
Motion
Robert D. Wilson - Denied. (8:30 p.m.)
After consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to deny the variance as
requested as no adequate practical difficulties/hardships had been shown that would allow for the granting of the variance as
requested, the applicant’s property is part of a cluster development and the subdivision of this property would be appropriately
processed through the platting process.
Chairman/Otter Tail County Boa Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company. Fergus Falls. Minnesota