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HomeMy WebLinkAbout08000990282000_Variances_08-13-2020oa;1243656 Date Stamp \CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED ON 09/02/2020 09:35 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N /■ r-” ■c r-»>•’■■"o f..-, X MlL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTT RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTCR TRIl ooApplication Fee .7cj>.o i(^Receipt Number Accepted by ItZ-ZC Afi>Date Property Owner V(i]Y'-V 'avucV ^-)V)A{nY^ ^|r,n^^h^7Tu\.__________________ Name Address City State Zip ■) Daytime Phone Email 0Parcel Information Lake No Lake Name L nn r)Lake Class KD n 9, roo 2C)C’.cParcel Number(s) Parcel Number(s) I Section |rRY-)rio>rTownship Name Legal Description '3^ Tvo^-137 K^w\c-c4l lo\ 6, MJl bf]^ % ^ 7 ‘4(d)6‘R 7uY\v>‘sK^or>A wiAri^) MK 5^7Physical Address 3TYPE OF VARIANCE REQUESTED (Please Check) 0structure Setback □□□Structure Size Sewage System Subdivision □□13 itvip.s^LClusterWECSMiscellaneous Version Date: 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: ^ SECTION OF ORDINANCE: IIL^oA 4'“phn Mpn 7) C\Q. vrxLr) . ■ I \J. f?„ 7)« i . j ) 2- a n<wy dabinPf0f06)na,^ 6<z.4m0-\v'^> „ - -A150 te&}^nA4o inM5e 6hoi€ bpaCil Zone \r^P- 5uyfti<x (2o\icrar|c -pow 5^^ -h TVi(z |o+i5 a 'Stt-bs+anda'CA loh Rco^. o.\^Qa4Gd \c\ l4i\j i-hcrti'forc. makl)^a i4 diffiaJf -Pkasit ndci-Vid pifopfx^cl (ko(Lii',n^ w<£^']5-4'?£, lint {(L^uifamnjS W 6tTb-sd)'iorn€ iq.\kc -h replace (I i isP -Pvovn ^o\\S ^ f^ui fid 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 APPUCATION. 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 RESPONSIBIUTY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. J/juuiJo 0x1^—____ ' SIGNA^RE OF PROPERTY OU/NER/AGENT FOR OWNER Z^jQ-^n;in ^ DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) \^izo'iDDate of Hearing Time 'l - oo pyy] ■■ MotionKuri snaron uaKer - variance Kequest Approvea witn condition {i-.n p.m.j After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance to replace the existing cabin being 6’ from the road right of way with the condition that they redo the existing 150 sq. ft. patio in front of the existing shed/garage with permeable pavers to reduce the shore impact zone impervious surface coverage. 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. 0fiAllo (rf)D Chaiirnan/Otter Tail County Board of Adjustment_____ Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management JML&R Official/Dat4 •/ka(jCopy of Application mailed to Applicant, County Assessor and MN DNR 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TflIIoosatTaiaaiievt 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 & Sharon Baker Address/Parcel No. 46158 Sunfish Rd / 08000990282000 Requested Variance: Proposing to replace existing cabin with new cabin being 6' from RROW, required setback is 20'. Also requesting to increase Shore Impact Zone Imp. Surface Coverage from 524 so. ft. to 684 so. ft. The additional Imp. Surface Coverage in Shore Impact Zone is due to proposed patio which will be constructed with perm. Pavers. The overall Imp. Surface will not exceed 25%. The lot is a substandard lot of record created in 1911, therefore making it difficult to meet setback requirements. Please note the proposed dwelling meets the building line requirements for setback to the lake. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. 1 i Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: III. 4. A., IV.8. B.l. and IV.12.D. 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: Difficult to meet the road right of wav setback, what to get the size of house, they are reducing the impervious surface and this is a good fit for them and the road is untraveled. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the generai purposes and intent of the officiai 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: This is an existing iot of record estabiished prior to zoning regulations established in 1971. 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). 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: The proposed changes improve the property by lowering the impervious surface coverage. 3. Is the need for a variance due to the circumstances unique to the property not created by the landovt/ner? (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: It is an existing legal non-conforming structure not meeting the required setbacks of the current Land Use Ordinance and built prior to any zoning regulations established in 1971. 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.) 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 structures in the neighborhood with similar setbacks. 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 iegai non-conforming structure. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: August 13, 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. Ottertail Beach Club, Inc., Stacy Rindy, President Cent. After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance as requested to replace the existing cabin, patio and storage building having a combined 849 sq. ft. of impervious surface with the cabin being 732 sq. ft. of the combined 849 sq. ft. 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. Roll call vote as follows; Board of Ad justment ABSENT ABSTAINYEA NAY XThomas Lee XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthalcr Brent Frazier - PC Member X Todd Henniim - Variance Approved as Requested (7:09 p.m.) Todd Hennum, Ex W 5' All of Lot 12 of Viken Bay Beach, Pelican Lake (56-786), Dunn Township request the following: Proposing to replace the existing dwelling & deck being approximately 38’ from the lake, 1 ’ from the road right of way and 5’ from the lotline at the closest point. Also proposing to replace the pitch roof on the boathouse w ith a flat rubber roof w ith deck being under 10’ in height. The proposed impervious surface coverage w ill be: Buildings - 28.6%. Buildings & Other Impervious Surface w ill be 37.58% and the Shore Impact Zone Impervious Surface Coverage will be 484.50 Sq. Ft. The Impervious Surface Coverage w ill be reduced by 3.54%. Todd & Stacy Flennum, property owners and Stefen Boehn, Contractor represented the variance application via GoToMeeting. A letter from Dunn Township was received w ith no objection to the variance request. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Darren New ville made a motion, seconded by Brent Frazier and carried by roll call vote w ith Michael Donoho voting no. to approve the variance request to replace the existing dwelling and deck being 38 feet from the lake, 1 foot from the road right of w ay and 5 feet from the lotline. Also approve to replace the roof on the existing boathouse w ith a flat roof and deck under 10 feet in height. The building impervious surface coverage is approved to be 28.6%, other impervious surface coverage will be 37.58% and the shore impact zone impervious surface coverage is approved to be 484.50 sq. ft. 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 w hich have been placed on file w ith 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 follow s: Board of Ad justment ABSTAINABSENTNAYYEA XThomas Lee XDarren Newwille XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X Kurt & Sharon Baker - Variance Request Approved with Condition (7:21 p.m.) Kurt & Sharon Baker, SI '2 of Lot 5 & All Lots 6 & 7 Elmwood, Loon Lake (56-523), Candor Township request the follow ing: Proposing to replace existing cabin with new cabin being 6’ from RROW, required setback is 20’. Also requesting to increase Shore Impact Zone Imp. Surface Coverage from 524 sq. ft. to 684 sq. ft. The additional Imp. Surface Coverage in Shore Impact Zone is due to proposed patio which w ill be constructed with perm. Pavers. The overall Imp. Surface will not exceed 25%. The lot is a substandard Board of Adjustment August 13, 2020 Page I 5 Kurt & Sharon Baker Cont. lot of record created in 1911, therefore making it difficult to meet setback requirements. Please note the proposed dwelling meets the building line requirements for setback to the lake. Kurt & Sharon Baker, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion. Douglas Larson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance to replace the existing cabin being 6’ from the road right of way with the condition that they redo the existing 150 sq. ft. patio in front of the existing shed garage with permeable pavers to reduce the shore impact zone impervious surface coverage. 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 varianees 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 Brent Frazier - PC Member X X Terry Everson - Variance Approved as Requested (7:32 p.m.) Terry Everson, N 7()‘of Sublot 2 of GL 3. Swan Lake (56-871) & Unnamed Lake (56-849), Buse Township request the following: We have a substandard irregular lot size. Request a variance from Unnamed Lake to be 100’ from lake, required setback is 200’, for the construction of a new dwelling. Building line applies for the swan lake setback. Terry Everson, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to approve the variance to construct a new dwelling being 100 feet 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. 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 Brent Frazier-PC Member X X Dan & Ruth Knohlich - Variance Approved as Requested (7:37 p.m.) Dan & Ruth Knoblich. Lot 9 BIk 1 - Shenandoah Ridge. Hoffman Lake (56-1627), Dora Township request the following: We want to build a 24" x 30' garage, but to fit it between the road and property line, we request permission to start at 185’ from the OHWL. We request permission to move our 8’ x 8’ shed and add another 8’ length. We request permission to build a 10’ x IT addition on to our 16’ X 77’ manufactured home. Page I 6 Board of Adjustment August 13, 2020 STAFF REPORT Kurt and Sharon BakerAPPLICANT: APPLICATION:Proposing to replace existing cabin with new cabin being 6' from RROW, required setback is 20'. Also requesting to increase shore impact zone Imp. Surface Coverage in Shore Impact Zone is due to proposed patio which will be constructed with perm. Pavers. The overall Imp. Surface will not exceed 25%. The lot is substandard lot of record created in 1911, therefore making it difficult to meet setback requirements. Please note the proposed dwelling meets the building line requirements for setback to the lake. 46158 Sunfish Road, Vergas MN 56587 08000990282000LOCATION: LAKE NAME/NUMBER/CLASS: Loon, 56-523, RD STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Vteh the County Website iZ-4-46158 SUNFISH RD _ ..-.‘.’fkL V. ShcA sea’’ch results ^or 461S8 S.m ^VOOi □&^ I47-\'•Tv', B} fesyco;^y:'’f|}0.-U r’-'jv|.*1 "■ ^.mP. N 3u! m 40140 bU LOONV08000340251006■■r' '■=\V X i.-i 1 4-* I ELMWobDir-iT I f*mmt^7 m ■Li f •■I£ .1.-' 8 1 s 'M- ... ■ A'>*t .i -.m' staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: I-9S.836 46.632 Degrees ■f- 1. No conditions recommended. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A LAKES RIVERS SETBACKS (Ft) Elevation Above OHWL U&TGDRDNE Ag Trans Vertical Separation*3 3 3 3 3 3 Setback From OHWL Dwellings / Non-Dwellings 100 15075100200100 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 10 10 50 50 50 50 50 50 Residential PUD 50 50 50 5050 50 40 65 1154065 90WOAS Top of Bluff 30 3030 30 30 30 Road Right-of-Wav (Public / Private) 20 20 20 20All Structures 20 20 Septic Tanks 10 10All Structures 10 10 10 10 Soil Treatment Area 20 20Dwelling Non-Dwelling Maximum Structure Height 20 20 2020 10 10 101010 10 35 35Dwelling Non-Dwelling 35 35 35 35 :4c ♦ *20 20 20202020 10 1010 10 10 10WOAS SHORELAND MANAGEMENT ORDINANCE SECTION IV, Subp. 8, B The following are specific standards: Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square ft. B. 1. SHORELAND MANAGEMENT ORDINANCE SECTION IV, SUBP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 4.Nonconformities; certain classes of property. This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Site visit August 3, 2020. No comments ,v; I 'twm ■Av . . •*A'. \ ■% 5^ fi -r ' c. *1t'l In .j- . ►-C /t.^1 ‘ ‘I-:-•*] V-' - if]r. LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Kurt & Sharon Baker 3602 Westmoor Blvd. Moorhead MN 56560 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, August 13, 2020 at 7:00 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. - 08000990282000 Sl/2 of Lot 5 & All Lots 6 & 7 - Elmwood Section 34, Township 137, Range 41 Township Name - Candor Loon (56-523), Recreational Development (RD) 46158 Sunfish Rd., Vergas MN 56587 Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to replace existing cabin with new cabin being 6' from RROW, required setback is 20'. Also requesting to increase Shore Impact Zone Imp. Surface Coverage from 524 sq. ft. to 684 sq. ft. The additional Imp. Surface Coverage in Shore Impact Zone is due to proposed patio which will be constructed with perm. Pavers. The overall Imp. Surface will not exceed 25%. The lot is a substandard lot of record created in 1911, therefore making it difficult to meet setback requirements. Please note the proposed dwelling meets the building line requirements for setback to the lake. Amy Busko Board of Adjustment Secretary July 30, 2020 ottertailcountymn.us(a)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 f-tr-' 1^-m * SCALE DRAWING FORM Tax Parcel Number(s) Tir" 6 CO OCO A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLS, , and onstoirripervious-^urface ulculations.wells, wetlands, topographic features (i.e. bluffs) Scale: 1 inch =\Ml Signature Date I f> 1 QO <T r-r 1C “d ooV- O- « O ^ VP(T OCOiD —d— ^'P~^—> o ^ ^ ^5g Ci-<Jb iU-i C <Z)oQ /s^ __.g- 155 1-^0 VO vP o) X.oi _s:q <2>^ "C 0 o vJOX -<} 1 L <z) ocS' N □o H or c<J)tN.^ cN«i CItN. ILO vJo/ p □■■■■L OOl ->s\"Ip'S-Vr'>0 5 O o. QXJ QtJfla-V-w IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Hi Other Impervious SurfaceBuildings ProposedExistingt-iiProposedExisting Ft^Ft^Ft^Ft 160Deck(6)v>fiVitoDwelling 6cn*»4Yuc u?| ic ftoo . ^ B0\ Pa^o - L’OaiPatio(s)-^/^^'Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed Driveway(s)VolWOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous /./P/ 3\60TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaTotalProposedExisting Ft^Ft^Ft^FtTotal Buildings 3'W IVo3n5‘-/^1, S'O O 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaProposedTotalTotal Buildings + Other Impervious Surface Existing Ft^Ft^Ft^Ft^ 52H ^5?. 5/7, gDO 100+-i-X Impervious Surface Calculation Worksheet 04-11-2016 Date 'Z-Signature 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 scaie drawing. Pef # 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.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s) Deck(s)p- mPatio(s)3<^0 - \X^\'\ <50 Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Bamer) Miscellaneous TOTAL Total Existing Proposed TotalFt^Ft^Ft^Shore Impact Zone Impervious Surface 'm.Maximum Allowable 260 Ft^ m5^4 )W Sh- (+■Sas- Impervious Surface Calculation SIZ 04-11-2016 Signature:.Date: 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 official control? (The board shall consider the purposes and Intent of the official control}. 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). 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 parcels similarly?) 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.) UXufXly 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 earning into compliance with the ordinance requirements may cost considerable more does not constitute a practical difficulty). % 7^19-MAO15Feb2019 CWL 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 30'^ day of July, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Property Owner Township Clerk Lake Association Kurt & Sharon Baker 3602 Westmoor Blvd Moorhead MN 56560 Sharon Sauer, Clerk Candor Township 51902 Co Hwy 17 Detroit Lakes, MN 56501 Loon Lake Association Sandy Gronhovd PO Box 236 Vergas MN 56587 City Clerk (if located within 2 miles of a city) City of Vergas, Julie Lammers, Clerk, PO Box 32, Vergas MN 56587 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Nejf Perham): Little Little Pi Pelic South Turtle Lake: 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 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 2 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 , Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 UJ IIS (N^periH^nald 5 P/k&Big FisTtSB Big Pine: 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: Brent Frazier, PO Box 255, Peliean Rapids MN 56572 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 File____1Dated: July 30, 2020 Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____26 I i Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press 7Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:12Amy Busko l:\BOA\August BOA\Baker Affidavit (523) 08-13-20.docx Buffer Parcels # Citv St ZiD Vergas MN 56587 9404 Addr 2Parcel No Addrl 31257 County Highway 4 Name 1 Name 2 08000340251000 Linda G Richter Vergas MN 56587 940408000340251002 Ev Lutheran Church Of Candor Attn Loon Lake Lutheran Church 31385 County Highway 4 2001 25 1/2 Ave 5 Fargo ND 58103 663308000340251003 Steven J & Judith A Paulson Fargo ND 58102 271808000340251004 Donald W & Laurine Kounovosky 12011st St N Vergas MN 56587 940408000340251005 Linda G Richter 31257 County Highway 4 Vergas MN 56587 940431425 County Highway 408000340251006 Marjorie Richter Vergas MN 56587 940408000340252001 Michael J & Brenda K Moberg 31396 County Highway 4 Vergas MN 56587 940408000340254000 Marjorie Richter 31425 County Highway 4 Fargo ND 58102 271808000340254001 Donald W & Laurine Kounovosky 12011st St N Vergas MN 56587 940546216 Sunfish Rd08000990276000 Bryan R & Brenda Fredrickson 46216 Sunfish Rd Vergas MN 56587 940508000990277000 Bryan R & Brenda Fredrickson Fargo ND 58103 66332001 25 1/2 Ave S08000990278000 Steven j 8i Judith A Paulson Callaway MN 56521 967908000990279000 Wilhelm & Gretchen Walther Tst 17369 County Highway 14 Callaway MN 56521 967908000990280000 Wilhelm & Gretchen Walther Tst 17369 County Highway 14 Moorhead MN 56560 691208000990282000 Kurt & Sharon Baker 3602 Westmoor Blvd Vergas MN 56587 0255PO Box 25508000990284000 Vigen Tst Scott Vigen Roseville MN 55113 322808000990285000 William D & Mary A Olson 1300 Oakcrest Ave Roseville MN 55113 322808000990286000 William D & Mary A Olson 1300 Oakcrest Ave Fargo ND 58102 271808000990287000 D D & B Ptnrshp 12011st St N 08000990287001 Public Access 00 Fargo ND 58102 271808000990288000 D D & B Ptnrshp 12011st St N Page 1 of 1Tuesday. July 28. 2020 -Buffer Mail City, State, ZipAddress i Address 2Name Kurt & Sharon Baker Moorhead MN 56560 69123602 Westmoor Blvd D D & B Ptnrshp Fargo ND 58102 271812011st St N Ev Lutheran Church Of Candor Vergas MN 56587 940431385 County Highway 4 Bryan R & Brenda Fredrickson 46216 Sunfish Rd Vergas MN 56587 9405 Donald W & Laurine Kounovosky Fargo ND 58102 27181201 1st St N Michael J & Brenda K Moberg 31396 County Highway 4 Vergas MN 56587 9404 William D & Mary A Olson Roseville MN 55113 32281300 Oakcrest Ave 2001 25 1/2 Ave 5Steven J & Judith A Paulson Fargo ND 58103 6633 Linda G Richter 31257 County Highway 4 Vergas MN 56587 9404 Marjorie Richter 31425 County Highway 4 Vergas MN 56587 9404 Vigen 1st Vergas MN 56587 0255PO Box 255 Wilhelm & Gretchen WaltherTst Callaway MN 56521 967917369 County Highway 14 Page 1 of 1Tuesday, July 28, 2020