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HomeMy WebLinkAbout37000330190016_Variances_08-08-20191226663 Date Stamp CAROL SCHHALTZ OTTER TAIL COUNTY kECORDER/REGISTRrR of titles FERSUS FALLS, HH recorded on 0F7i9/2GI9 C9:3S AH FEE; 46.00 PAGES 7 WELL CERTIFICATE REC'D; H -c ElVEDT.r I’lL I 7 r ;%7 ij j L&R Initial I 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 www.ottertailcountymn.us«?T«F.Tfm Application Fee ydf/] Receipt Number I Accepted by Date Property Owner Name Steve and Pam Hall Address 16653 52nd StSE City Kindred State ND Zip 58051 Daytime Phone 701.866.0748 or 701.866.1025 / Email phallnd@gmail.com shallknd@gmail.com Parcel Information Lake Name Lake Class GDLake No 56074701 Lida Parcel Number(s)3700033019001637000330190018 Parcel Number(s) Township Name SectionLida 33 Legal Description Parcels 7,8 and 9 of GL 1 of 33-136-42, Ottertail County, MN. 24433 TwI^ligh^L^e, Pelican Rapids, MN 56572Physical Address TYPE OF VARIANCE REQUESTED (Please Check) [Structure Setback I IF71 SubdivisionStructure Size Sewage System Cluster WECS Miscellaneous 1 r SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: ||| 4A SECTION OF ORDINANCE: VARIANCE REQUEST: Request to replace 12 x 14 foot deck and stairs on existing patio with 12x16 foot deck and stairs on existing patio and screen in area below the deck. The original deck does not meet the 75' setback. The propose deck and screen will be no closer to the OHWL than the existing structure with no change to the current impervious surface (17%). 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 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. .nC.'VH/n SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notiftcation of the Date/Time of Hearing) OFFICE USE ONLY Date of Board of Adjustment Hearing Time Motion Steve & Pam Hall - Variance Application Approved as Requested (6:18 p.m.) August 8. 2019 Darren Newville made a motion, seconded by Thomas Lee and unanimously carried to table at the applicant's request (email dated August 5. 2019) until the September 12, 2019 Board of Adju.stment meeting. September 12. 2019 After consideration and discussion, Darren Newville made a motion, seconded by Rick Wilson and unanimously carried to approve the variance as requested to replace the existing deck with a 12' x 16' deck and screen-in the area below the deck being no closer to the ordinary high water level as the existing deck as described in the variance application dated July 14, 2019 and as depicted on the drawing submitted with the application and the Board's finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that the proposed deck and screen-in area will be no closer to the lake than what is existing. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment XPermit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management 91 millCopy of Application mailed/emailed to Applicant, County Assessor and MN DNR L&R Official/Date cl 01122019-001 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.eo:OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCRTfill GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment OFindings of Fact and Decision Applicant: Steve & Pam Hall Address/Parcel No. 24433 Twilight Lane, Pelican Rapids / 37000330190019 & 37000330190016 Requested Variance: Request to replace 12 x 14 foot deck and stairs on existing patio with 12x16 foot deck and stairs on existing patio and screen in area below deck. The original deck does not meet the 75’ setback. The proposed deck and screen will be no closer to the OHWL than the existing structure with no change to the current impervious surface (17%).* Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: Section III. 4. A. 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: jThe applicant identified the following practical difficulty: Replace the existing deck which needs maintenance and repair. Otter Tail County Board of Adjustment - Variance Question Findings 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 Ordinance allows property owners to develop and improve their property and the proposed is not encroaching any closer to the lake than the existing deck. 2. Is the property owner proposing to use the property in a reasonable rnanner 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: They are below the impervious surface requirements and they are not encroaching any closer to the lake than the existing. 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: The.existing deck needs maintenance and repair and they want to improve the lovver area of the deck with screens. . -s 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: The proposed addition is o minimai addition/deck to the property and there is no change to the impervious surface as they wili be working over existing impervious surface. 5. Does the need for the variance ihvolve 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 proposal is maintenance/replacement to the existing deck which is not being expanded. The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 12, 2019 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. t ' _ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( X ) filed ( ) not required, oog Cert, of Real Estate Value No. 00 ■ • 1208335 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 07/03/2018 10:31 AM FEE: 96.00 PAGES 3 WELL CERTIFICATE REC'D: Y _1 (Year) Wayne Stein, County Auditor/Treasurer •OO by. 310OO3S 0 nOO!^ Deputy COUNTY OF OTTENTAa. SHSI WARRANTY DEED NUMBER: DATE (2.^-). 50DEED TAX: $.DATE: E-CRV No.: FOR VALUABLE CONSIDERATION, Donald Jelinek and Diane Jelinek, husband and wife. Grantors, hereby convey and warrant to Steven Hall and Pamela Hall, Grantees, as joint tenants and not tenants in common, real property in the County of Otter Tail, Minnesota, legally described as follows; Part of Government Lot 1 in Section 33, Township 136 North, Range 42 West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the Northeast corner of said Government Lot 1; thence running on an assumed bearing due South along the east line thereof 89.0 feet; thence South 22°16’ West 464.4 feet; thence South 33*10' West 203.8 feet; thence South 41*00’ West 130 feet to the point of beginning of the within described tract: thence South 41*00’ West 70 feet; thence North 49*55’ West 126 feet more or less to the water’s edge of Lake Lida; thence Northeast along said lake approximately 60 feet to a point located on a line bearing North 55*15’ West from the point of beginning; thence South 55*15’ East 130 feet more or less to the point of beginning The party of the first part hereby grant to the party of the second part, his successors and assigns, as appurtenant to the property hereby conveyed, and for the purpose of ingress and egress to and from said property, an easement in common with others, to use the road and approximately 33 feet wide abutting the Southeasterly side of the property herein conveyed and running to the Public Road, with such changes, additions or alterations as may hereafter be made to such road. Said roadway easement being a part of Government Lot 1 and a part of the NWVi of NE%, Section 33, Township 136, Range 42, lying easterly and Southeasterly 33 feet from the following described line; being 36.4 feet east from the northeast corner of said Government Lot 1; thence South 22*16’ West 550.5 feet; thence South 33*10’ West 203.8 feet; thence South 41* 200 feet and there terminating. Also the South 66 feet of the East 1283.6 feet of Government Lot 2 in Section 28, Township 136, Range 42 229530Page 1 of 3 Otter Tail County, Minnesota 1208335 1 of 3 Page 2 of 3 229530 Part of Government Lot 1, in Section 33, Township 136 North, Range 42 West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the Northeast comer of said Government Lot 1, thence running on an assumed bearing due South along the East line thereof 89.0 feet; thence South 22'’16’ West 464.4 feet; thence South 33*10’ West 203.8 feet; thence South 41*00’ West 60 feet to the point of beginning of the within described tract; thence South 41*00’ West 70 feet; thence North 55*15’ West 130 feet; more or less to the waters edge of Lake Lida; thence Northeast along said Lake approximately : 60 feet to a point located on a line bearing North 59*50’ West from the point of beginning; thence South 59*50’ East 138 feet more or less to the point of beginning The party of the first part hereby grants to the party of the second part, his successors and assigns, as appurtenant to the property hereby conveyed, and.for the purpose of ingress and egress to and from said property, an easement in common with others, to use the road approximately 33 feet wide abutting the southeasterly side of the property herein conveyed and running to the Public Road, with such changes, additions or alterations as may hereafter be made to such road, said roadway easement being a part of Government Lot 1 and a part of the NWVi of the NEVi, Section 33, Township 136, Range 42, lying easterly and southeasterly 33 feet from the following described line; beginning 36;4 feet east from the northeast comer of said Government Lot 1; thence South 22*16’ West 550.5 feet; thence South 33S10’ West 203.8 feet, thence South 41 * 200 feet and there terminating. Also the South 66 feet of the East 1283.6 feet of Government Lot 2, in Section 28, Township 136, Range 42 All that part of Government Lot 1, Section 33, Township 136 North, Range 42 West of the Fifth Principal Meridian, described as follows; Commencing at the Northeast corner of said Government Lot 1; thence running on an assumed bearing due South along the East line thereof 89.0 feet; thence South 22*16’ West 464.4 feet; thence South 33*10’ West 203.8 feet to the point of beginning of the within described tract; thence South 42*27’ West 60 feet; thence North 49*50’ West 138 feet more or less toihe waters edge of Lake Lida; thence Northeast along said lake 60 feet to a point located on a line bearing North 59*14’ West from the point of beginning; thence South 59*14’ East 150 feet more or less to the point of beginning The party of the first part hereby grants to the party of;the second part, his successors and assigns, as appurtenant to the property hereby conveyed, and for the purpose of ingress and egress to and frorn said property, an easement in common with others, to use the road approximately 33 feet wide abutting the southeasterly side of the property herein conveyed and running to the Public Road, with such changes, additions or alterations as may hereafter be made to such road, said roadway easement being a part of Government Lot 1 and a part of the NWVi of the NE%, Section 33, Township 136, Range 42, lying easterly and southeasterly 33 feet form the following described line; beginning 36.4 feet east from the northeast comer of said Government Lot 1; thence.South 22*16’ West 550.5 feet; thence South 33*10’ West 203:8 feet, thence South 41* 2b0 feet and there terminating. Also the South 66 feet of the East 1283.6 feet of Government Lot 2, in Section 28, Township 136, Range 42 ■ < Check here if all or part of the described real property Is Registered (Torrens) D Otter Tail County, Minnesota 1208335 2 of 3 A A 229530Page 3 of 3 together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check applicable box: □ The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: □ I am familiar with the property described in this instrument and I certify that the status and numberof wells on the described real property have not changed since the last previously filed well disclosure certificate. WITNESS, the hands of the Grantors. ). ■ V; . Diane Jelinel NVSTATE OF COUNTY OF Jair\5L ., 2018, before me personallyOn this appeared Donald Jelinek and Diane Jelinek, husband and wife, known to me to be the persons who are described in, and who executed the within and foregoing instrument and severally acknowledged that they executed the same. » day of / MICHELE M. PARSONS ^ Notary Public ,, ^ State of North Dakota jyiy CommlMlon EmInM June a 9tno notary Public ^ -yrf77 My Commission expires: vJUl-'U 0/ ( < < TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Wheeler McCartney, P.C. 35 4th St N, Suite 102 Fargo, ND 58102 Stevei^t^^and^ai^l^ I^J^ YJurdUrtd Otter Tail County, Minnesota 1208335 3 of 3 Steve & Pam Hall - Variance Application Approved as Reqnested (6:18 p.m.) Steve & Pam Hall, Parcels 7, 8 & 9 of GL 1, Lida Lake in Lida Township, requested the following: Request to replace 12 x 14 foot deck and stairs on existing patio with 12x16 foot deck and stairs on existing patio and screen-in area below deck. The original deck does not meet the 75’ setback. The proposed deck and screen will be no closer to the OHWL than the existing structure with no change to the current impervious surface (17%). .1 August 8. 2019 Darren Newville made a motion, seconded by Thomas Lee and unanimously carried to table at the applicant’s request (email dated August 5, 2019) until the September 12,2019 Board of Adjustment meeting. September 12. 2019 Steven & Pam Hall represented the Application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, seconded by Rick Wilson and unanimously carried to approve the variance as requested to replace the existing deck with a 12’ x 16’ deck and screen-in the area below the deck being no closer to the ordinary high water level as the existing deck as described in the variance application dated July 14, 2019 and as depicted on the drawing submitted with the application and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that the proposed deck and screen-in area will be no closer to the lake than what is existing. The variance as approved does not directly or indirectly grant any other variances for future development. Jonal H. Uglem Tst - Variance Application Approved as Requested (6:23 p.m.) Jonal H. Uglem, Pt of GL 1... (1.23 Acres), Pelican Lake in Dunn Township, requested the following: Requesting to subdivide a 7,559 square foot non-residential parcel, approximately 151 feet deep (north-south) and 50 feet wide (east-west), from the east side of an existing 1.35 acre tract, approximately 327 feet deep (north-south) and 180 feet wide (east-west). Parcel No. 17000070081003. The 7,559 square foot parcel will be permanently attached to Lot 11, Beauty Bay, Parcel No. 17000990426000, across West Beauty Bay Road, a 30-foot-wide Dedicated Road corridor according to the plat of Beauty Bay. Upon approval the 1.18 acre remainder (51,178 square feet) will have approximately 130.4 feet of frontage on West Beauty Bay Road to the north and approximately 180 feet of frontage on Pelican Drive South to the south (a 155 foot average width) and will remain a buildable tract of land. Jonal H. Uglem, Glenn Howe (Anderson Land Surveying) & Linda Lembke (Proposed Buyer) represented the application. The audience was polled with no one speaking for or against the variance as requested. A letter was read in support of the variance request from Todd Gross. After consideration and discussion, Rick Wilson made a motion, seconded by Thomas Lee and unanimously carried to approve the variance as requested in the variance application dated August 12, 2019 and as depicted on the drawing to permanently attach Parcel A (7,559 S.F.) to Lot 11 of Beauty Bay Parcel No. 17000990426000 for non-residential purposes and any structure placed onsite must be a non-dwelling structure, the 1.18 acre remainder (51,178 square feet) will remain a buildable tract of land for residential purposes and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has 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. Scott & Debbie Anderson - Variance Application Approved with Conditions (6:30 p.m.) Scott & Debbie Anderson, Pt of GL 7 Com NE Cor..., Big McDonald Lake in Edna Township, requested the following: We would like to replace the current mobile home with a new dwelling. Due to the lot being substandard in size, we are requesting the following variances: 1. Requesting to be 46’ from the OHWL with a replacement dwelling. Required is 100’ from the OHWL. (The new dwelling would be in line with or still behind the neighboring dwellings) 2. Requesting to have a total building impervious surface percentage of 23%. Required is 20%. 3. Requesting to have a total impervious surface percentage of 27%. Required is 25%. 4. Requesting to have 544 sq ft of impervious surface in the SIZ. Required is 260 sq ft. 5. Requesting to be 17’ from the existing drainfield. Required is 20’. Scott & Debbie Anderson represented the application. The audience was polled with no one speaking for or against the variance as requested. A letter was read in support of the variance request from Bob & Peggy Skibo. Board of Adjustment September 12, 2019 Page I 2 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA August 29, 2019 Steven & Pamela Hall 16653 52"‘‘ St. SE Kindred ND 58051 y Re: Tabled Variance, Lake Lida (56-747) Dear Mr. and Mrs. Hall, Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for Thursday, September 12, 2019, in the Otter Tail County Commissioners' Room of the Otter Tail County Government Services Center located at 500-600 Fir Ave. W., Fergus Falls, MN. Your variance request, which was originally tabled at the August 8, 2019 Board of Adjustment meeting, has been rescheduled for consideration at the September 12, 2019 meeting. I have enclosed a copy of the September 12, 2019 meeting agenda for your reference. Please pay attention to the scheduled meeting time. If the date and time for this meeting is not convenient for you, please notify the County Auditor's office in writing prior to the September 12, 2019, meeting and 1 will have your request rescheduled for the next available meeting of the Board of Adjustment. Should you have any questions or require any additibnal information please feel free to contact me. Sincerely, 6dio Amy Busko Secretary Board of Adjustment Enclosure (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 Steve & Pam Hall - Tabled (7:15 p.m.) Steve & Pam Hall, Parcels 7, 8 & 9 of GL 1, Lida Lake in Lida Township, requested the following: Request to replace 12 x 14 foot deck and stairs on existing patio with 12x16 foot deck and stairs on existing patio and screen in area below deck. The original deck does not meet the 75’ setback. The proposed deck and screen will be no closer to the OHWL than the existing structure with no change to the current impervious surface (17%). The audience was polled with no one speaking for or against the variance as requested. Darren Newville made a motion, seconded by Thomas Lee and unanimously carried to table at the applicant’s request (email dated August 5, 2019) until the September 12, 2019 Board of Adjustment meeting. Firefly Dead Lake, Jade Neilson Properties, LLC - withdrawn (7:15 p.m.) Firefly Dead Lake, Jade Neilson Properties, LLC, Part of GL 1 & Pt of GL 6, Dead Lake in Dunn Township, request the following: FOR THE PURPOSE OF THIS APPLICATION: A Conditional Use Permit and the revised Preliminary Plat of Common Interest Community No. 84 Firefly Dead Lake, signed and dated June 19, 2019, proposing to convert White Haven Resort into a Common Interest Community Plat of 16 residential dwelling units will assumed to have been recommended for approval by the Otter Tail County Planning Commission with the following conditions which require approval from the Otter Tail County Board of Adjustment. Modular Cabins No. 1-3 will be located 20 feet further back from the lake than existing Cabins No. 1-3 which will be removed and the area revegetated to its natural state, thus offering more protection to the top of the steep bank. Variances of 123, 121 and 118 feet from the 200 foot setback to the closest cabin comer are needed for the approved locations of Modular Cabins No. 1-3. Modular Cabin No. 5 will be located 37 feet further back from the lake than existing Cabin No. 5 which will be removed and the area revegetated to its natural state, thus offering more protection to the top of the steep bank. A variance of 106 feet from the 200 foot setback to the closest cabin comer is needed for the approved location of Modular Cabin No. 5. Modular Cabin No. 6 will be located 31 feet further back from the lake than existing Cabin No. 6 which will be removed and the area revegetated to its natural state, thus offering more protection to the top of the steep bank. A variance of 102 feet from the 200 foot setback to the closest cabin comer is needed for the approved location of Modular Cabin No. 6. Modular Cabin No. 7 will be located 61 feet further back from the lake than existing Cabin No. 7 which will be removed and the area revegetated to its natural state, thus offering more protection to the top of the steep bank. A variance of 99 feet from the 200 foot setback to the closest cabin comer is needed for the approved location of Modular Cabin No. 7. Modular Cabin No. 8 will require a variance of 110 feet from the 200 foot setback to the closest cabin comer is needed for the approved location of Modular Cabin No. 8. July 11.2019 An email was received to request that the variance application be tabled to August 8, 2019. A motion by Darren Newville, seconded by Thomas Lee and unanimously carried to table the variance application until August 8, 2019. August 8. 2019 On July 16,2019 and email was received from Glenn Howe, Agent for Jade Properties requesting to withdraw their variance application dated June 19, 2019. The request to withdraw their variance application was accepted by general consent of the Board of Adjustment. Motion by Thomas Lee, seconded by Brent Frazier and unanimously carried to withdraw at the applicants request their variance application dated June 19, 2019. Break - The Board of Adjustment Members to a 15-minute break at 7:15 p.m. and reconvened at 7:30 p.m. Christopher & Katrina Smaaladen - Variance Application Approved as Requested (7:37 p.m.) Christopher & Katrina Smaaladen, Rundle Addn, Lot 5 #725 & #19-003 Not to Be Split, Pelican Lake in Scambler Township, requested the following: Requesting a Variance for new structure to be approximately 73’-2” from OHWL. Existing structure is approximately 62’ back from OHWL. Requesting a variance of I’-IO”. Christopher & Katrina Smaaladen and Josh (Builder) represented the application. The audience was polled with no one speaking for or against the variance as requested. Board of Adjustment August 8, 2019 Page I 4 Michelle Jevne deceived ^fJ6 06 2019 RESOURCE Steve Hall <shallknd@gmail.com> Monday, August 05, 2019 8:29 PM Michelle Jevne Re: Deck replacement lake side From: Sent: To: Subject: Michelle, thank you for your help today about the Hearing for our variance request. Due to Pam and I having to be out of town on Thursday, August 8, we would request to have our hearing tabled until the Sept. 12, 2019 . On the golden rod schedule for meetings it notes August 15, 2019 as and overflow meeting date. We would be available for that meeting if it would take place. Thank you. a/o A^^us/- Steve and Pam Hall. Note on our address in the notice it has Kindred MN 58051 — it should be Kindred ND 58051 On Fri, Jun 28, 2019 at 4:34 PM Michelle Jevne <MJevne(5)co.ottertail.mn.us> wrote: Steve, I was able to speak to my Assistant Director and he would allow you to shuffle deck over two feet to avoid the window under the Repair Replacement Policy as long as the deck remained the same size as existing and was not screened in below. The Stairs could also be changed to go towards the lake instead of along the dwelling. If you have any further questions please feel free to contact our office. Michelle Jevne Permit Technician Land & Resource 540 Fir Ave W Fergus Falls, MN 56537 Direct 218-998-8097 | Office 218-998-8095 1 '.V :www.ottertailcountvmn.us i-: ■i6i MeiTOILCOUNTY • MINNESOTA Jr-: •V I. 2 I 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: Steve & Pam Hall 16653 52"'* St SE Kindred MN 58051 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 8, 2019 at 6:30 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail County Land & Resource Management office prior to the date of the public hearing. ** 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's legally described and located at: Legal Description:Parcel No. - 370003301900018 & 37000330190016 Parcels 7, 8 & 9 of GL 1 Section 33, Township 136, Range 42 Township Name - Lida Lida (56-747), General Development (GD) 24433 Twilight Lane, Pelican Rapids MN 56572 Lake Name/Number/Class: Property Address: The variance requested is the following: Request to replace 12 x 14 foot deck and stairs on existing patio with 12 x 16 foot deck and stairs on existing patio and screen in area below deck. The original deck does not meet the 75' setback. The proposed deck and screen will be no closer to the OHWL than the existing structure with no change to the current impervious surface (17%). Amy Busko Board of Adjustment Secretary July 25, 2019 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 Our lakeside deck is in need of replacement. The wood deck Is soft and falling apart. The deck is on an existing concrete patio that runs the full length of our home constructed in 1965 and we are unable to meet the 75 foot setback. The deck is currently 12' x 14'with an additional 11' set of stairs, taking 25' of lakeside footprint on our house. Our proposal would turn and move the stairs, and replace the deck with a 12' x 16' deck to accommodate an existing window. The lakeside footprint of the new deck/stairs would be just over 20' and would reduce visibility of deck from the waterfront. We would also like to screen in the area below the deck. This request does not move the structure closer to the lake than the existing structure and does not increase the area of impervious surface. SKETCH ADDENDUM ^Ctcets 57-c.yCN/ T, /y-(ft6 -t pAiviCl*» L- v--/v.ri-/w.'f ;■.■.-(/rCo«*5»y ' &Art. C-W BA t>0NWi5 + i>LA<V2. ZtaJh£t O rrT a 7 7_A-/S'<t67:iSUttt • I ClJ i I^ 3Sc^e: -S-G S .VOAC/Zi’S PAeCCt S'^^oA- Soi/x eec Bt v/scCL 7 ofLOT 1 PG=g^siva. P?ce>v:qif PG^57 Aajd Location t Plat Services Pelican Rapids, MN S65L Impervious Surface - Buildings 2300 Square Feet 0 Square Feet 62< Square Feet 0 Square Feet 0 Square Feet 0 Square Feet p Square Feet 2924 Square Feet Dwelling Proposed: Attached Garage Proposed: Detached Garage Proposed: Storage Shed Proposed: Water Oriented Accessory Structure Proposed: Recreational Cam^ng unit Proposed: Miscellaneous Proposed: Total Building Proposed impervious: P Square Feet p Square Feet 0 Square Feet P Square Feel P Square Feet 0 Square Feet P Square Feet P Square Feet Dwelling EiisUr>g: Attached Garage Existing: Detached Garage Existing: Storage Shed Existing: Water Oriented Accessory Structure Existing: Recreational Camping Unit Existing: Miscellaneous Existing: Total Buildirtg Eusting Impervious: I Impervious Surface Calculation - Buildings 2924 Square Feel p Square Feet 2924 Square Feel right 23400 Square Feet 0.12S0 12.50 ^ Total Building Existing Imperious: Total Building Proposed Impervious: Total Building Impervious Surface: Lot Area: Impervious Surface Ratio: Buildings Impervious Surface Percentage: Impervious Surface - Other Oeck(s) Proposed: Patiofs) Proposed: Sidewalk(s) Proposed: Landing(s) Proposed: Driveway(s) Proposed: Parking Area(s) Proposed: Retaining Wall(s) Proposed: Lartdscaping Proposed: Miscellaneous Proposed; Other Proposed Total: ^ Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet ^ Square Feet Oeck(s) Existing; Patio(s) Existirtg: SidewalK(s} Existing: Landing(s) Existing; Orrveway(s) Existing: Parking Area(s) Existing: Retaining Wall(s) Existing: Landscaping Existing: Miscellaneous Existing: Other Existing Total: If any of (he above categories include Permeable Pavers, please indicate here; 364 Square Feet 765 Square Feet P Square Feet p Square Feet p Square Feet p Square Feel P Square Feet P Square Feet P Square Feet 1129 Square Feet Impervious Surface Calculation - Buildings & Other Total Building * Other Existing Impervious: Total BuiUirtg * Other Proposed Impervious: Total Building * Other Impervious Surface: Lot Area: Building * Other Impervious Surface Ratio: Building * Other Impervious Surface Percentage; 4053 Square Feet 24 Square Feet 4077 Square Feet 23400 Square Feet 0,1742 17.42 ^ TF JT 1 tfl- * r-.‘■..Mrs.M; smmmmm~#mm .;. • ■ >«; sM •> i m Vi I®sik mm m :h ; : t 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 25th day of July, 2019 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 Steve & Pam Hall 16653 52"'^ St. SE Kindred ND 58051 Denise Boe, Clerk Lida Township PO Box 382 Pelican Rapids MN 56572 NA City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (N^r Perham): onald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 i & Big Pine: Bass & 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 (Q Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 UJ Liti Little Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelii South Turtle Lake: Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260'^' Ave, Erhard MN 56534 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 Planning Commission Member: Brent Frazier, PO Box 255, Pelican 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 IFileDated: July 25, 2019 6Extra BOA Members_5 PC Member \ Envelopes TOTAL NOTICES TO PRINT 7^1 I u/| Added to Agenda E^Map I I Print out Finding of Fact Sheet Newspapers lV(Kt«i-i Amy Busko, Secretary Otter Tail County Board of Adjustment 1/WfinutesAmAiuM Amy Bus/o By:P l:\BOA\Affidavits\Hall (747) 08-08-19.docx Buffer Parcels Addr 2 Citv St Zip Pelican Rapids MN 56572 7721 Addrl 24491 Twilight Ln Name 2Parcel No Name 1 37000330190001 Gerald E & Karen I Ness Pelican Rapids MN 56572 772124367 Twilight Ln37000330190004 Gregory M & Cynthia J Larson West Fargo ND 58078 8223103 48th Ave ERichard A & Carol H Lewis37000330190005 Pelican Rapids MN 56572 0182PO Box 18237000330190006 William R G & Linda M Kohls Pelican Rapids MN 56572 0185PO Box 18537000330190010 Douglas & David Brown Et Al Saint Paul MN 55106 3406916 Clarence St37000330190011 Ross 8t Ruth A Conoryea Pelican Rapids MN 56572 772124539 Twilight Ln37000330190015 Deanna M Baukol Et Al Kindred ND 58051 961616653 52nd St SE37000330190016 Steven & Pamela Hall Lisbon ND 58054 4839400 Jackson Ave EBeverly A Froemke37000330190017 Kindred ND 58051 961616653 52nd St SE37000330190018 Steven & Pamela Hall Lisbon ND 58054 4839400 Jackson Ave EBeverly A Froemke37000330190019 Fargo ND 58104 74256608 Crofton Ln S37000330190022 David E & Anise A Lean Moorhead MN 56560 48271820 24th Ave SHarlan & Kathleen Isensee Tsts37000330190023 Saint Paul MN 55128 712437000330190024 Jeffrey C Sovereign 8 Evergreen Dr Pelican Rapids MN 56572 0096PO Box 96Christopher Jon Evenson37000330190027 Pelican Rapids MN 56572 4246123 S Broadway Apt 137000330190029 Bryan JNeset Fargo ND 58102 17512948 Peterson Pkwy N37000330190033 Shelby A Murphy & Arrick Olson Wolverton MN 56594 4001101 River Dr37000330190034 Michael R Olthoff Moorhead MN 56560 37441317 17th AveS37000330190903 Eileen A Anderson Et Al Page 1 of 1Tuesday. Julv 23, 2019 Buffer Mail City, State, ZipAddress 2Address 1Name Saint Paul MN 55106 3406916 Clarence StRoss & Ruth A Conoryea Pelican Rapids MN 56572 7721Deanna M Baukol Et Al 24539 Twilight Ln Pelican Rapids MN 56572 0185Douglas & David Brown Et Al PO Box 185 Moorhead MN 56560 3744Eileen A Anderson Et Al 1317 17th Ave S Pelican Rapids MN 56572 0096Christopher Jon Evenson PO Box 96 Lisbon ND 58054 4839Beverly A Froemke 400 Jackson Ave E Kindred ND 58051 9616Steven & Pamela Hall 16653 52nd StSE Moorhead MN 56560 4827Harlan & Kathleen IsenseeTsts 1820 24th Ave S Pelican Rapids MN 56572 0182William R G & Linda M Kohls PO Box 182 Pelican Rapids MN 56572 7721Gregory M & Cynthia J Larson 24367 Twilight Ln Fargo ND 58104 7425David E & Anise A Lean 6608 Crofton Ln S West Fargo ND 58078 8223Richard A & Carol H Lewis 103 48th Ave E Pelican Rapids MN 56572 4246123 S Broadway Apt 1Bryan J Neset Pelican Rapids MN 56572 7721Gerald E & Karen I Ness 24491 Twilight Ln Wolverton MN 56594 4001Michael R Olthoff 101 River Dr Shelby A Murphy & Arrick Olson Fargo ND 58102 17512948 Peterson Pkwy N Saint Paul MN 55128 7124Jeffrey C Sovereign 8 Evergreen Dr Page 1 of 1Tuesday, July 23, 2019 White - Office Yellow — Owner Pink — T >wnship APPLICATION FOR VARIANCE FROM Requirements of Shoreland Management Ordinances Otter Tail County, Minnesota 9 'f LastName /i ^ rr\ Street & ^ Phone No.Owner: MiddleFirst SA /Qi (Z /Th >City State Zip No. JL. c/Legal Description: Lake No..Lake Name Lake Class ^ ‘ (/an U:53Sec.RangeTwp.Twp. Name \GtZ,. ^ / If applicant is a corporation, what state incorporated in____ Applicant is: (tTOwner ( ) Lessee ( ) Occupant ( ) Agent ye S yes or no List Partner's name and address below:Is Applicant a partnership. NAME, ADDRESS AND ZIP NO.NAME, ADDRESS AND ZIP NO. This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditons found in S<° /what Section of the Ordinance:_____ EXPLAIN YOUR PROBLEM HERE:o zo/o/r I ?4//Ac ^CL I et b cJi '"er cj /9 >V//I•CO~rr>^ ^r'}_/P//P/::crA O ) V In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. 19J>_SZ .Application dated. —DO NOT USE SP)BLOW— ^ - /a 19.Date application filed with Shoreland Management Administration. Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) Both(M Filing acknowledgement By 0 ~ ^ ' /? VTT ^.i/'77.t.>£.<Ag>aLog—^ A VoSlflo ' , 19 '^tS'WITH THE FOLLOWING Signature *Hx^.Date, time and place of hearing 7 'iir\DEVIATION (OR A TTACHED) REOU!REMENTS: this day of.7oJ^rOsAJL X$L^vki_SZ63-<Q c_sa_ ^ O- OYV\-VVLC/Oo<..^a_i -/A. V>LO . ©V<—■4.^? j^VCr>Of ,JAAJlUXl^tX~ULSL. Or^ ^ >!iovOt:^ . Ia-P ciiJtL. /j) jjJxt.jO ^ Chairman 7 / Otter Tail Planning Adviaory Comminion Signature Deviation Approved this '^y^nJcjJn^ jC. ,y... Malcolm K. Lee, Shoreland Management Adminjstrator~^7~^ Otter Tall County, Minnesota -.--pyn « 19 By.YDday of. MKL-0871-016 171988-A® VICTVM CUNOtCN 0«.. PHIMTCM. ftMUl PM.LI. MIHN. T-^-•'.VJ :^ooc?b.'^o \ ^ 00 \<>- \-ttV i[^vrc€Jl‘5» ^ <=?ie> $:Ubg:W^^i:^'*M .lo'fe \/V . -^<2.----.:*- V. :> i* - : r.’ i i s r .'! ; . i •% • ; .. t , ■ JK\ .;„ r-}*~^' •-*V ^ •