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HomeMy WebLinkAbout37000990491000_Variances_06-11-20201239250Date Stam'DECEIVED MAY 11 2020 -ANO & RESOURCE yo^ CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLESoFERGUS FALLS, MN RECORDED ON'Ll10■»~l i-fCi 06/19/2020 02; 13 PM FEE; 46.00 ,11;R Initial ■■ “ tHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER rHoto APPLICATION FOR VARIANCE " "" ^CO COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us StD.ODApplication Fee 2070-OTKCOMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date /1 I D3.\}\<d /I. fh _________ _______ RANGE <23 DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS E-MAIL ADDRESS C>LAKE CLASSLAKE NAMELAKE NUMBER Z42-TOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER -- obsck^ok ^ S' TYPE OF VARIANCE REQUESTED (Please Check) vT^tructure Size Sewage System WECS Misc.ClusterSubdivisionStructure Setback SPECIFY HOW YOUR PROJECT 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: SECTION OF ORDINANCE: ~~7VX "V/9 VARIANCE REQUEST: I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/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. DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY J'xfte K, zcz^‘ GoDate Of Board of Adjustment Hearing Motion Time David Hagen - Variance Application Denied (6:01 p.m.) After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler to deny the variance request by roll call vote as convenience is not a practical difficulty, they have reasonable use of their property and a guesthouse is a prohibited use. 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. HU 'fhMrm \w Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No /Wife- 'L R Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR Tflll 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:David A. Hagen Address/Parcel No. 43962 Outlet Beach Rd / 37000990491000 Requested Variance: Requesting to add addition on to the guest house 7ft. from property line, required is 10ft. Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: 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: The applicant identified the following practical difficulty: The applicant identified the following practical difficulty: Some family members have heath issues and when they come and stay with them it would be convenient to have a bathroom in the guesthouse and it is inconvenient to walk across the property into the house to use the bathroom. 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). Yes, the variance is in harmony with the general purposes and intent of the official control... X No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: They want to expand a non-conforming use (expansion of a guesthouse). 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 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?) 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: Will the issuance of the variance maintain the essential character of the \oca\\ti7 (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) Yes, the 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: 4. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). Yes, the need for the variance involves more than just economic considerations, No, the issuance of the variance is only for economic considerations... ...because: 5. the requested variance.The Otter Tail County Board of Adjustment: APPROVES DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: June 11, 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. t •r.. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 11, 2020 The Otter Tail County Board of Adjustment met Thursday, June 11, 2020, with the following persons in attendance via GoToMeeting: Terry Marthaler Thomas Lee Rod Boyer Darren Newville Douglas Larson Michael Donoho Chris LeClair, Director, Land & Resource Management Ben Olson, Assistant County Attorney The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Mirm. Stat. Sec. 13D.021 Subd. 1(1). Called to Order - Thomas Lee, Chair called the meeting of the Board of Adjustment to order at 6:01 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the May 14, 2020 meeting. The Board of Adjustment considered the following application(s) for variance: David Hagen - Variance Application Denied (6:01 p.m.) David Hagen, Lot 5 - Outlet Beach 2"“* Addition, Lida Lake in Lida Township requested the following; Requesting to add addition on to the guest house 7ft. from property line, required is 10ft. David Hagen, 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, Thomas Lee made a motion, seconded by Terry Marthaler to deny the variance request by roll call vote as convenience is not a practical difficulty, they have reasonable use of their property and a guesthouse is a prohibited use. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Roll call vote as follows: Board of Adjustment ABSENT ABSTAINYEANAY XThomas Lee Darren Newville Douglas Larson Michael Donoho Terry Marthaler Rod Boyer - PC Member X X X X X Charles Cavanagh - Approved Variance Application (6:23 p.m.) Charles Cavanagh, South 25’ of Lot 3 & Lot 4 - Harris Beach, Paul Lake (56-335) in Edna Township requested the following: Request to partially demolish existing structure that is on a foundation with crawl space. This is requested due to the fact that the foundation is failing and rotting away due to high water in previous years. A 24 x 24 garage built on a concrete slab will be retained. I request to be able to construct a similar structure with the same footprint on the lot in the future. I would request the variance to be permanent in nature as I want to see over time that the LMPK-LID drain works as originally planned. Existing dwelling is 24’ from waters edge & existing deck is 14’ from waters edge. Board of Adjustment June 11,2020 Page I 1 STAFF REPORT APPLICANT:David A. Hagen Requesting to add addition on to the guest house 7ft from property line. Required is 10ft. APPLICATION: 43962 Outlet Beach RD, Pelican Rapids MN 56572 37000990491000LOCATION: LAKE NAME/NUMBER/CLASS: Lida (56-747), GD STAFF WHO COMPLETED REPORT: Chris LeClair, Director 1i (aT ..^-I-X ■▼ HAGEN.DAVIDA Show sefl'ch resultt^'or HAGE.. o*2Imi '..A" ■-" ^ Vf:^!2| f': #/.i 4;' ^ ■ p^1 p- r-‘ m if ^^948) ^OOQSI S i Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No staff recommendation Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III 2.Shoreland Classifications And Uses; Lakes and Rivers Lakes:General Development = GD Recreational Development = RD Natural Environment = NE LAKES GD RD NE USES Access Lot C C C Agriculture Bed & Breakfast P P P C C C Boat Access Cemetery Church, Chapel, Temple, Etc. Commercial Commercial PUD Controlled Access Duplex, Triplex, and Quad Extractive C C c c c c c c c c c c c c c N N N P P P C c c Forest Land Conversion C C C Guest House / Bunkhouse N N N Industrial C C N Park C C C PUD Conversion Residential PUD Single Family Residence Tower C C c c c c p p p c c c P = Permitted Use C = Conditional Use N = Prohibited Use 4. Minimum Structure Setback Requirements; Lakes and Rivers A. Table of Shoreland Management Ordinance Standards LAKES RIVERS SETBACKS (Ftl Trans Elevation Above OHWL GD RD NE U&T Ag Vertical Separation* Setback From 3 3 3 3 3 3 OHWL Dwellings / Non-Dwellings WOAS 10075 200 100 100 150 2020 20 20 2020 Lotline** Single Family Residence Commercial PUD Residential PUD WOAS Tod of Bluff Road Riaht-of-Wav (Public / Private) All Structures Septic Tanks All Structures Soil Treatment Area 10 10 10 10 10 10 5050 50 50 50 50 50 50 50 50 50 50 40 65 90 40 65 115 3030 30 30 30 30 20 20 20 20 20 20 10 10 10 10 1010 Dwelling Non-Dwelling Maximum Structure Height 2020 20 20 2020 10 10 10 10 10 10 Dwelling Non-Dwelling *** WOAS 3535 35 35 3535 20 20 20 20 20 20 10 10 10 10 10 10 SECTION IV, SUBP. 12 A prohibited non-conforming use may not be expanded or improved.C. Minnesota Statute 394.36 Subd. A.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. No staff comments fc i- T •'r ■- V .1 K . r f:T<mk rA a ^2^ "*i^:^£iL£a-afsSmiWIMf iaK#.' Mi M&m !S .L>r- • 2^1 E t.T 1-W ;..«..v«': -43 '■ f-;:w'^ a:'-'J" ^--.„.>.l^ ■:'%1 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: David Hagen 43962 Outlet Beach Rd. Pelican Rapids MN 56572 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, June 11, 2020 at 6:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, piease iisten to the locai Fergus Fails 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.- 37000990491000 Lot 5 - Outlet Beach 2"'* Addition Section 16, Township 136, Range 42 Township Name - Lida Lida (56-747), General Development (GD) 43962 Outlet Beach Rd., Pelican Rapids MN 56572 Lake Name/Number/Class: Property Address: The variance requested is the following: Requesting to add addition on to the guest house 7ft. from property line, required is 10ft. Amy Busko ^ Board of Adjustment Secretary May 28, 2020 ottertailcountymn.us(g)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 SCALE DRAWING FORM k. X-j| - Tax Paicel Numt»f(s) ^ i,l-'V*'! -■“ '' /-, „ V L is- l ^ ^ I- The scale drawing must be a signed drawing which includes and ider^(i«l<rgraphlc scale (feel), all existing and/or proposed structures, septic Atanks, draintields. lottmes. road right-ol-ways. easements. OHWLs. wells, v^tlanc^ and topographic features (i.e. bluffs). Must also complete the .___ Impervious Surface Calculation (see back). i- , [ - — ' f . 1.- ' \-P' : I I.'1 IScat^ f —^.4 . .... . f- ♦ I Ii(' i ■); 'y ‘n 'f''0' ? t 3^/ it )I ti vnfI•t ^V I O')i V i»^ 'n- . •/s'4^_______t». . 1 \ ' “ 1P7 ■' Qcf NI I !S’V ! >7i ! !- i♦-»■ /ib'!i J-N ' noyr O•oV V"i <1/Vs t Ihf X'receivedI MAy 1 1 202u -AND & RESOURC a Ij^PERVIOUS SURFACE CALCULATION List & identify ail existing & proposed onsite impervious surfaces on scale drawing. /7Lot Area (ft^); ■f Buildings Other Impervious Surface Existing ProposedProposedExistingFt^Ft^Ft^Ft Dwelling a Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landirig(s)fr-j ;oWOASDriveway(s) RCU Parking Area(s) Retaining Wall(s)~7 RMiscellaneouscT. // Landscaping (Raslic Barrier) Miscellaneous A 3^ Q-TOTAL BUILDINGS TOTAL OTHER rI Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed f-»2 Total Lot Area Impervious Surface Ratio Ft^Ft^Total Buildings Ft Ft /7i^Q33&lA 100+-r X Buildings + Other impervious Surface Percentage Maximum Allowable 25% Total Buildings * Other Impervious Surface Existing t-iZ Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft ^39, A jA A3 A/,DSlS 100+=X■¥. Impervious Surface Calculalion Worksheet 04-|V-2016 7 Signature: 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 28*'^ day of May, 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 Denise Boe, Clerk PO BOX 382 Pelican Rapids, MN 56572 David Hagen 43962 Outlet Beach Rd. Pelican Rapids MN 56572 City Clerk (if located within 2 miles of a city) NA NA n Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Big McDonald; Devils (Now Perham):I^Mo^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little ^i^Big Pine: Pelic^, Fi^ 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 UJ Litt Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 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 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 ^oard 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: Rod Boyer, 51127 E. Wymer Lake Rd, Frazee MN 56544 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: May 28, 2020 Extra 5_______ BOA Members____5 PC Member Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:Envelopes 17 TOTAL NOTICES TO PRINT____29 Amy Busko mAdded to Agenda PI Print out Findings of Fact Sheet Newspapers Fergus Falls Daily Journal & Pelican Rapids Press Map l:\BOA\June BOA\Hagen Affidavit (747) 06-11-20.docx Buffer Parcels Name 1 Addr 1 Addr 2 Citv St ZipParcel No Name 2 24701 Tonseth Ln Erhard MN 56534 944737000160081000 Robert J & Lois R Stroh 37000990365000 Zachary Herrmann & K Anderson 4773 40th St S Fargo ND 58104 4019 4916 82nd StW Bloomington MN 55437 120637000990366000 Scott T Miller West Fargo ND 58078 324337000990367000 Clifford A & Gail M Sheeley 1635 10th St W Pelican Rapids MN 56572 750337000990368000 Edgar Wieiand 44050 Outlet Beach Rd Moorhead MN 56560 672637000990487000 Brent G & Jodell R Teiken 322 43rd Ave S ‘ Eden Prairie MN 55346 410237000990488000 Adam Bernier Et Al 17950 Liv Ln 43918 Outlet Beach Rd Pelican Rapids MN 56572 250337000990488001 Judith K Siggerud & Jill Kluck X 37000990489000 Sherry A Josephsen 43934 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000990490000 Leslie Thompson 1045 150th Ave NE Mayville ND 58257 9218 David A Hagen 43962 Outlet Beach Rd Pelican Rapids MN 56572 750337000990491000 West Fargo ND 58078 422337000990492000 Daniel J & Susan G Zurn 534 18th Ave E Fargo ND 58104 68052151 Rose Creek Dr S37000990493000 Robert J Jr 8i Lhonda Q Lewis 21057 Lander St NW Elk River MN 55330 465837000990494000 , ^ Michaei Monson 43876 Outle't Beach Rd37000990532000 Roberta Kowalski Pelican Rapids MN 56572 7564 37000991325000 Robert J & Lois R Stroh 24701 Tonseth Ln Erhard MN 56534 9447 J 37000991326000 Edgar Wieiand 44050 Outlet Beach Rd Pelican Rapids MN 56572 7503 3/000991327000 Clifford A & Gail M Sheeley 1635 10th St W West Fargo ND 58078 3243 Bloomington MN 55437 120637000991328000 Scott T & Jodi C Miller 4916 82nd StW 37000991329000 Zachary Herrmann & K Anderson 4773 40th St S Fargo ND 58104 4019 21057 Lander St NW37000991330000 Michael Monson Elk River MN 55330 4658 37000991331000 David A Hagen 43962 Outlet Beach Rd Pelican Rapids MN 56572 7503 37000991332000 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek Dr S Fargo ND 58104 6805 Page 1 of 2Sunday. Mav 24. 2020 Parcel No Addr 1 Addr 2Name 1 Name 2.City St Zip ' 37000991333000 . ’"Leslie Thompson __ Mayville ND 58257 92181045 150th Ave NE ,1 - Pelican Rapids MN 56572 7503Sherry A Josephsen37000991334000 43934 Outlet Beach Rd j" 37000991337d6d' ,f fo^he Public 1— -----,-----------------►—'-J ^ ______ 37000991361000 Bass Harbor Storage LLC 00 Pelican Rapids MN 56572 758143414 Bass Harbor Rd yr- ■'r Sunday, May 24, 2020 Page 2 of 2 Buffer Mail City, State, ZipAddress i Address 2Name Eden Prairie MN 55346 4102Adam Bernier Et Al 17950 Liv Ln Pelican Rapids MN 56572 7581Bass Harbor Storage LLC 43414 Bass Harbor Rd 43962 Outlet Beach Rd Pelican Rapids MN 56572 7503David A Hagen Sherry A Josephsen Pelican Rapids MN 56572 750343934 Outlet Beach Rd Judith K Siggerud &Jill Kluck 43918 Outlet Beach Rd Pelican Rapids MN 56572 2503 Roberta Kowalski 43876 Outlet Beach Rd Pelican Rapids MN 56572 7564 Robert J Jr & Lhonda Q Lewis 2151 Rose Creek Dr S Fargo ND 58104 6805 Scott T Miller 4916 82nd St W Bloomington MN 55437 1206 Bloomington MN 55437 1206Scott T & Jodi C Miller 4916 82nd St W Elk River MN 55330 4658Michael Monson 21057 Lander St NW Clifford A & Gail M Sheeley 1635 10th St W West Fargo ND 58078 3243 Robert J & Lois R Stroh Erhard MN 56534 944724701 Tonseth Ln Brent G & Jodell R Teiken 322 43rd Ave S Moorhead MN 56560 6726 Mayville ND 58257 9218Leslie Thompson 1045 150th Ave NE 44050 Outlet Beach Rd Pelican Rapids MN 56572 7503Edgar Wieland Zachary Herrmann & K Anderson 4773 40th St S Fargo ND 58104 4019 Daniel J & Susan G Zurn 534 18th Ave E West Fargo ND 58078 4223 Page 1 of 1Sunday, May 24, 2020 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. Director01TCRTIIH 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:David A. Hagen Address/Parcel No. 43962 Qutlet Beach Rd / 37000990491000 Requested Variance: Requesting to add addition on to the guest house 7ft. from property line, required is 10ft. . Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. Ordinance Section Citation: III. 4. A Dock & Riparian Use Setback Ord.WECS 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: Otter Tail County Board of Adjustment - Variance Question Findings 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). 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: 1. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 2. 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?) 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 laridowner... ...because: 3. / 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) Yes, the 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: 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). Yes, the need for the variance involves more than just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: the requested variance.The Otter Tail County Board of Adjustment: APPROVES DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: June 11, 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. 881132 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 881132I hereby certify that this instrument #_ was filed/recorded in.this office for record on the 9 day of2001 at/.^ Recorder aWencW L^etcalO■.Iunn_L recording fee 3/ well certificate by:Deputy Lit- THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 ***COMPLETE THIS APPLICATION IN BLACK INK***l6{)> 00 17U A/VM S(p572- Application Fee Receipt Number OrYvlle ‘ kell&vPROPERTY OWNER DAYTIME PHONE 4-3^ (p 2. (3 idl ei~ .ft fidi • -Pe.\\f Ar\ADDRESS LAKE NUMBER ~74T LAKE NAME 1 Id township I 3 Lr> L~ tdiCL LAKE CLASS 142,I- iriowSECTIONRANGETOWNSHIP NAME -(400 -43 -0491 - 600 4144PARCEL NUMBER FIRE/LAKE I.D. NUMBER Ou-j-jet Bgodn 6dl Lots 2.rkd OidcJ^vVi^n ©cdlet feoCLohLEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback 4-- Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED > D n <cvr\ 6 m |\Acxy'ifTvunn ^ o K'ne. Y\o use I ocLa.\ ed.4-0 e. )c 1^41 ng 5‘cie piropei'4<^ 1; ■P (o' P<'Oro Side., propefL ^d.4-*^nd Lakeside' Roadside- 3'4" \ ne, 1 ne - -p-r o-mc) Lo4 L/ne-- 6'’5^e- I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) , //’x r' UfL .- /-J May 3, 2001 Page 5 -»v-''■v> d/cf^ (?/ - c' 3'die. <s^ ' ^ A/'?/ ■)dl /i, / / Q-^t) /y acta- :-^73 ' ■^ferr ■ V//,Accepted By Land & Resource L & R Official/Date d.-Sa^OO/TimeDate Of Hearing f f^ •V Motion Orville and Maureen Keller - Denied Motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested. It was also noted that a reasonable use of the property can be obtained without the granting o a variance and that other sites for expansion which would not require the granting of a variance exist and should be considered. Cbairman/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lundoon Co.. Prinlar* • Forgos Falls. Minnesota 1 zScale:.inch(es) equals feet.grid(s) equals feet, or /ioo7v Please i/se this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage\ and setbacks from F W, lake, lot lines, sewage system, top of bluff, exisang structures and all imper­ vious surface. t Requireckmpervious surface coverage calculation (See definition in Shoreland Management Ordinance) Q. ZIb .%K 100 =-4- Total Impervious Surface\Onsite Total Lot Area (FT2) (I ) (y 1 a -9.4 E^lSTiA^ ii WotxSBn S(J ■ 12-X(^b Lo Q r Cocxcaa^ -P o O /75 D'T^i’inC 'e,(c( H m(oi DatedSignature BK —0500 — 029 300.616 • Victor Lundeen Co . Printers * Fergus Fells. MN • 1 ■800-346-4870 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA \\^Ay' Receipt No. , ^ exf Application Fee $ Oq AYciid!SotO OVa/L//>v^Owner:Phone: Last Name First Middle tiox tt ir ^eL,r... Ya!/* W <i ^ State3 S% ^ 7^/t/. Street & No.City Zip No. J~ C c{ gy (S- oLake No.Lake Name Lake Class /uSec.Twp.Range Twp. Name Legal Description: Ou. f- E-eac^ Fire No. or Lake ID # 3 7 - OOP - ^9 '' OY 9 / - oaOParcel Number „ S^iU StO)C &Amfzi To Tot- J-^VC toUd/ck4.\^ Lo iaT TO Hoo^ ^ VARIANCE REQUESTED IS: tpc)f-V /0Office of County Recorder County of Otter Tail ^ Iwnky ewdfy th« ttw wAtin traftymont wat AM 1 «r r»w A * W* office on 0t« .gl ^ w ..A.D. cv y *• \*K duty Mtoofflmed as Doe. # _t2A£'^J2T znn-----------— ' Deputy OffiM of Co' ;ny P.t’Gcrder County of Otter Taii ~ ---* 1^93 O yand IW8 duly MteojMmed y Deputy In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. I understand I must contact my township in order to determine whether or not any additional variance and/or permits are required by the township for my proposed project. \t7/ XL.^^, Signature Of Applicant Y-qJ 19_^^ .j^ Application dated AImI—5.Date of hearing: ____ MOTION AS FOLLOWS: Motion was made by Dan Oehler, seconded by Bert Olson and unanimously carried, to table this variance until the next scheduled meeting per the request ^ of the applicant. Motion was made by Bert Olson, seconded by John Everts and unanimously carriaj, to table this variance until the next scheduled meeting per the request of the applicant. 19 Time:M Motion was made by Dan Oehler, seconded by Bert Olson and unanimously carried, to deny this variance request since the applicant has not appeared at a hearing. /^ejJoui /vttiAoti S C.! iidejc} Ala Aaumjca o. c<_ tJ /e>'93 - 39 K ■JV' ' - Chairman Otter Tail County Board of Adjustment Permitfs) from Land & Resource MMagement required:YES NO mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 258,371 — Victor Lundeen Co., Primers, Fergus Falls. 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