HomeMy WebLinkAbout37000991247000_Variances_08-13-2020C)
a'1243144Date Stamp
RECEIVED
JUL 2 0 2020
LAND & RESOURCE
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
08/25/2020 11:32 AM
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^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 5
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
4
Application Fee
2ozaCOMPLETE THIS APPLICATION IN INK Receipt Number
Accepted By / Date,
3^^ lOHlHoCT^k}DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
E-MAIL ADDRESS r\ gC^> f\ <Lr y iZ L ir\o~t L .■ C CJ mri
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/ 3U RANGE O H
SJlLAKE CLASSLAKE NAMELAKE NUMBER
L' 'Dn "TOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER
G tc-T)Of^- 'Ti^F- \3k> t -
LcJ^ Z3LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
WECS Misc.ClusterStructure Size Sewage System SubdivisionStructure 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.
: Shi^^jdOTTER TAIL COUNTY ORDINANCE ddl-
SECTION OF ORDINANCE:
UIkJ- QAlcuCZinnI o
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VARIANCE REQUEST:
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHOREI^ND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
1.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
J'CiJ '/y-^o^o
IGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
0 ■
OFFICE USE ONLY
J3.(/i-CJVpfK)TimeDate Of Board of Adjustment Hearing
Motion
Diane Molten -Variance Application Approved with Condition (6:16 p.m.)
After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call
vote to approve the variance request to created tracts from'Lot 23 of Crystal Springs (parcel no. 37000991247000). The
creation of 2 parcels from Lot 23 of Crystal Springs will create a non-residential noh-riparian lot which will be
approximately 43,461 sq. ft. and will be permanently attached to a ripariandot (parcel no. 37000991238000) and create an
approx. 53,341 sq; ft. lot for residential use. This decision is basedion the Findings of Fact and Decision Form, which
contains the criteria reviewed and the Board’s fmding'have been attached to and Lncorporated as an^official part of the '
minutes which have been placed on-file with the Land &• Resource Management Department.
haimi^n/Otter 1 fi&o IhMiiK in
n/OtterTail County Board of AdjustmentChair
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
‘ L R Official/DateCopy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
368,004 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870CL 01122019-001
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR TAII
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;Diane Holten
Address/Parcel No. 25825 Crystal Springs Dr. / 37000991247000
Requested Variance: To allow for the creation of 2 tracts from Parcel 37000991247000 by Certificate of Survey. I am also
requesting up to a 1.0 ft. variance from the 300 ft front lot width requirement. Survey to be provided upon recording.
Residential lot will retain approx. 59,341 ft^ & non-residential lot will retain approx. 43,461 ft^ Proposed lots meet the
minimum size requirements.
WECS U Dock & Riparian Use □ Setback Ord.Otter Tail County Ordinance: X Shoreland Mgmt. J Sanitation. X Subdivision.
Ordinance Section Citation: IV:10B
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 property owner was approached by the owner of Lot 14 (Riparian Lot)
to purchase a portion of the lot to put up a non-residential storage building and would also hope the board would take into
consideration that a variance has also been granted for this on another parcel to the west of this property. All of the requirements
for setbacks have been met.
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 splitting of this lot would maintain the legal size for 2 lots with one of the lots being attached to a riparian lot.
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 proposal does meet the size requirements for lots under the Land Use Ordinance without the need for the property owner
to go through the platting process with the Planning Commission
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:
It meets the zoning regulations that were adopted
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 areo. 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 use that is being proposed for non-residential lot being
permanently attached to a riparian lot.
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:
Creating a backlot/non-riparian lot perm. Attached to a riparian lot for storage purposes.
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.
(ieorge Flaskerud Cont.
After consideration and discussion, Thomas Lee made a motion, seconded by Brent Frazier and carried by roll call vote to approve the
variance request to construct a storage structure 88 feet from the ordinary high water level and increase the shore impact zone
impervious surface coverage to 628 sq. ft. This decision is also based on the Findings of Fact and Decision Form, which contains the
criteria review ed 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 with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any
other variances for future development.
Roll call vote as follows;
Board of Adjustment YEA NAY ABSENT ABSTAIN
XThomas Lee
XDarren Newv ille
XDouglas Larson
Michael Donoho X
Terry Marthaler
Brent Frazier - PC Member
X
X
Diane Holten Variance Application Approved with Condition (6:16 p.m.)
Diane Holten, Lot 23 Crystal Springs. Crystal Lake (56-749) in Lida Township requested the following: To allow for the creation of
2 tracts from Parcel 37000991247000 by Certificate of Survey. I am also requesting up to a 1.0 ft. variance from the 300 ft front lot
width requirement. Survey to be provided upon recording. Residential lot w ill retain approx. 59,341 ft’ & non-residential lot w ill
retain approx. 43,461 ftT Proposed lots meet the minimum size requirements.
Diane Holten, property owner, represented the variance application via GoToMeeting. The audience was polled w ith no one speaking
for or against the variance application.
After consideration and discussion, Darren New ville made a motion, seconded by Terry Marthaler, and carried by roll call vote to
approve the variance request to create 2 tracts from Lot 23 of Cry stal Springs (parcel no. 37000991247000). The creation of 2 parcels
from Lot 23 of Cry stal Springs will create a non-residential non-riparian lot w hich w ill be approximately 43,461 sq. ft. and w ill be
permanently attached to a riparian lot (parcel no. 37000991238000) and create an approx. 53,341 sq. ft. lot for residential use. This
decision is based on the Findings of Fact and Decision Form, w hich contains the criteria review ed 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.
Roll call rote as follow s:
Board of Ad justment ABSENTYEANAY ABSTAIN
XThomas Lee
XDarren Newv ille
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC Member X
Keith Millette- Variance Request Approved with Condition (6:22 p.m.)
Keith Millette. Lots 28 & 29 - Maple Hurst. Lida Lake (56-747) in Lida Township requested the following: Requesting a
variance to change the height and rootline of an existing non-conforming garage as show n on file at Land & Resource
Management. The height of the garage will not exceed 20'. Existing garage is currently 1.5 feet from the lot line and 7
feet from the road right of w ay. Garage footprint w ill be reduced by 400 square feet. Current impen ious surface is at
33.64%. The proposed impervious surface will be 25.9%.
Board of Adjustment
August 13. 2020
Page I 2
STAFF REPORT
Dianne MoltenAPPLICANT:
To allow for the creation of 2 tracts from parcel 37000991247000 by Certificate of
Survey. I am also requesting up to a 1.0 ft variance from the 300 ft front lot width
requirements. Survey to be provided upon recording. Residential lot will retain approx..
59341 ft2 & non residential lot will retain approx.. 43461 fts proposed lots meet the
minimum size requirements.
APPLICATION:
25825 Crystal Springs DR 37000991247000LOCATION:
LAKE NAME/NUMBER/CLASS; Crystal Lake, 56-749, RD
STAFF WHO COMPLETED REPORT: Chris LeClair
aOtter Tail County Visit the County Website
▼ 25825 CRYSTAL SPRINGS DR X Q,
25B2fi CRYSiS. SPFUNGS
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COSTAL ;
staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the foiiowing conditions be included:
1. If approved, require lot to be permanently attached to a riparian lot, as required in the Shoreland
Management Ordinance, Section III, 4, D
2. If approved, place a condition that only a non-dwelling may be constructed on this lot.
Applicable Ordinances/Statutes
Minimum Lot Area, Water Frontage & Lot Width Requirements;
Lakes and Rivers
3.
LAKES
GD____RD NE
NON-RIPARIAN LOTS
LOT AREA (Ft') *
Single Family Residential
LOT WIDTH (Ft)
Single Family Residential
40,000 40,000 80,000
150 150 200
SECTION III, Subp. 4, D
Non-riparian lots of no less than 5,000 square ft. may be created if they are legally joined to a riparian lot
within 200 feet of the non-riparian lot, and contain permanent restrictions against residential construction. 5uch
nonresidential non-riparian lots must be created by subdivision plat in such a manner as to allow for the orderly
attachment to riparian lots and with appropriate restrictive covenants. The final plat will not be accepted unless it
identifies the riparian lot to which the new non-riparian lot shall be permanently attached.
D.
SECTION IV, Subp. 10, B
Platting:
All subdivisions with lots or parcels that are less than 5 acres in size must be platted in accordance with Minnesota
Statutes 505. No conveyance or other document creating a subdivision of any real property other than by a duly
approved plat, shall be recorded, unless accompanied by a registered surveyor's drawing for recording.
B.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. Site Visit August 3, 2020.
2. Proposed lot split meets minimum area for a non-riparian lot on an RD lake.
3. Proposed lot split does not meet the minimum frontage for a non-riparian lot on an RD lake.
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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:
Dianne Flolten
25825 Crystal Springs Dr.
Pelican Rapids MN 56572
Flas/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 6:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No.- 37000991247000
Lot 23 - Crystal Springs
Section 3, Township 136, Range 42
Township Name - Lida
Crystal (56-749), Recreational Development (RD)
25825 Crystal Springs Dr., Pelican Rapids MN 56572
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
To allow for the creation of 2 tracts from Parcel 37000991247000 by Certificate of Survey. I am also
requesting up to a 1.0 ft. variance from the 300 ft front lot width requirement. Survey to be provided
upon recording. Residential lot will retain approx. 59,341 ft^ & non-residential lot will retain approx.
43,461 ft^ Proposed lots meet the minimum size requirements.
Amy Busko
Board of Adjustment Secretary
July 30, 2020
ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Other Impervious SurfaceBuildings
Proposedr-i2ExistingProposedExistingFt^Ft^Ft^Ft
Deck(s)Dwelling -.CrMa^
Patio(s)Attached Garage 9-^S'O
Sidewalk(s)Detached Garage
Landing(s) i IStorage Shed 9-10
Driveway(s)O-OOOWOAS
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
5 TOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Lot AreaTotalProposedr-1.2Existing
Ft^Ft^Ft^FtTotal Buildings
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Buildings + Other
Impervious Surface
Percentage
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Impervious
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Ratio
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Buildings + Other
Impervious Surface
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DateSignature;
1 T I T 1 T T"T"'r
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;
)
Lake AssociationTownship ClerkProperty Owner
Denise Boe, Clerk
Lida Township
PO BOX 382
Pelican Rapids, MN 56572
NADianne Molten
25825 Crystal Springs Dr.
Pelican Rapids MN 56572
City Clerk (if located within 2 miles of a city)
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
LittleTHcDronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little P/I^Big Pine:
Pelic^ FishSBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
•K—lU
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6"^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: 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
Dated: July 30, 2020 File 1
Extra
BOA Members
PC Member
Envelopes 12
TOTAL NOTICES TO PRINT____
Added to Agenda Map
d]print out Findings of Fact Sheet
Newspapers FFDJ & Pelican Press
6Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
1 MinutesBy:
Amy Busko
25
l:\BOA\August BOA\Holten Affidavit (749) 08-13-20.docx
Buffer Parcels
Parcel No Name 1 Addr 1 Addr 2 Citv St ZiD
Pelican Rapids MN 56572 7587
Name 2
17000350404000 EiroyCGrahn 25921 460th St
17000350407001 Ciifford E & Darlene Gitz Pelican Rapids MN 56572 753525711 460th St
37000991234000 Detroit Lakes Deveiopment Lip Cavalier ND 58220 0659PO Box 659
37000991235000 Lawson & Juiie Stephenson Moorhead MN 56560 39511911 33rd St S
37000991236000 Greg Neison LLC Arthur ND 58006 0084PO Box 84
37000991237000 Vernon J & Joann K Dobis Tst 25752 Crystal Springs Dr Pelican Rapids MN 56572 7580
37000991238000 Paui & Sandra D Wohi Shawnee KS 66216 418813104 73rd Ter W
37000991239000 White Oaks Tst Henderson NV 89052 660914 Highiand Creek Dr
37000991240000 Mark L & Misty K Schiutz Sauk Rapids MN 56379 46563258 Oid Stone Ct NE
37000991241000 Timothy S & Kristen A Thompson Peiican Rapids MN 56572 757125860 Crystal Springs Dr
37000991242000 James Man Hoi Chang 1663 Norwood Dr Eagan MN 55122 2724
James Man Hoi Chang37000991243000 1663 Norwood Dr Eagan MN 55122 2724
37000991244000 James Man Hoi Chang 1663 Norwood Dr Eagan MN 55122 2724
37000991245000 James Man Hoi Chang 1663 Norwood Dr Eagan MN 55122 2724
37000991246000 James Man Hoi Chang 1663 Norwood Dr Eagan MN 55122 2724
Dianne Hoiten37000991247000 Pelican Rapids MN 56572 757125825 Crystal Springs Dr
37000991248000 Vernon J & Joann K Dobis Tst 25752 Crystal Springs Dr Pelican Rapids MN 56572 7580
37000991253000 To The Public 00
Tuesday. July 28. 2020 Page 1 of 1
Buffer Mail
Address i City, State, ZipAddress 2Name
James Man Hoi Chang 1663 Norwood Dr Eagan MN 55122 2724
Detroit Lakes Development Up Cavalier ND 58220 0659PO Box 659
Clifford E & Darlene Gitz 25711 460th St Pelican Rapids MN 56572 7535
Elroy C Grahn 25921 460th St Pelican Rapids MN 56572 7587
Greg Nelson LLC Arthur ND 58006 0084PO Box 84
Dianne Holten 25825 Crystal Springs Dr Pelican Rapids MN 56572 7571
Mark L & Misty K Schlutz 3258 Old Stone Ct NE Sauk Rapids MN 56379 4656
Lawson & Julie Stephenson 1911 33rd St S Moorhead MN 56560 3951
Timothy S & Kristen A Thompson 25860 Crystal Springs Dr Pelican Rapids MN 56572 7571
Vernon J & Joann K Dobis Tst 25752 Crystal Springs Dr Pelican Rapids MN 56572 7580
White Oaks Tst 14 Highland Creek Dr Henderson NV 89052 6609
Paul & Sandra D Wohl 13104 73rd TerW Shawnee KS 66216 4188
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