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
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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
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Name
Address
City
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Daytime
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0Parcel Information
Lake No Lake Name L nn r)Lake Class KD
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Parcel Number(s)
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‘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)
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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
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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
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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
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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
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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