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HomeMy WebLinkAbout38000990713000_Variances_04-08-2021Date Stamp 1256566 UJ LYNN R LARSON OTTER TAIL COUNTY RECORC'ER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 04/15/2021 12:07 PM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N =1 received MAR (15 202! -AND & RESOURCty- L&R Initial THt 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.co.otter-tail.mn.us9TTCRTail Application Fee • O^O Receipt Number Accepted by Dateit. Property Owner Name Bruce & Peggy Barker Address 1307 Elm Ave City Wheaton State MN Zip 56296 Daytime Phone 701-388-9108 Email barkerpegj@gmail.com Parcel Information Lake Class pQLake NameLake No 56-475 Pickerel Lake Parcel Number(s)38000 990 713 000 Parcel Number(s) SectionTownship Name Legal Description 12Maine Sec 12 Twp 134 Range 041 Haggstrom's Beach 4th Addition Lot 9 Block 1 Physical Address 33275 Pickerel View Trail Richville, MN 56576 TYPE OF VARIANCE REQUESTED (Please Check) □□□structure Setback 0 SubdivisionSewage SystemStructure Size □□□MiscellaneousWECSCluster Version Date: 04A)7/2020 1 pa,ZI S^ooo ‘f‘f 0l\i>ooD SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. « . . ^OTTER TAIL COUNTY ORDiNANCEi ^^Q*’^^^*^^ Management Ordinances SECTION OF ORDINANCE: 111 ^Y)CVl]----4. Bruce & Peggy Barker - Lot 9 Block 1 Haggstrom Beach 4th Addition Pickerel Lake 56-475 We are requesting a 3.5 foot variance along the Pickerel View Trail cul-de-sac road right of way. We would like to add an entry & living room addition to our home by removing the West existing 7' wide attached deck and add a 15' wide living area also remove the South existing 5' wide deck and add a 9' wide entry/office with a 8' x 10' deck. The SW corner of the proposed addition will be 17 feet from the closest point of the addition to the road right of way in the cul-de-sac. Our property line on the road right of way was surveyed on 2-22-21 which showed a large area not being maintained as road. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHOREUND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. /fniip SIGNATURE OF PROPERTY OWNER/^GEfiT DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time 7'-qvI Motion Bruce & Peggy Barker - Variance Application Approved as Requested (7:18 p.m.) After consideration and discussion, Rick Wilson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance request to construct a 15’ wide entry & living room addition and a 9’ wide entry/office with an 8’ x 10’ deck being 16.5’ Irom the road right of way at the closest point. This decision is 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. /hlUy mp A'/mjwIU. Chairman/otter Tail County Board of Adjustment__________ IPermit(s) required from Land & Resource Management NoYes Note; If Yes, contact Land & Resource Management AnnhjJkiCopy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 m Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TRIIOOVUTTMliailOT* 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:Bruce & Peggy Barker Address/Parcel No. 33275 Pickerel View Trail / 38000990713000 Requested Variance: We are requesting a 3.5 foot variance along the Pickerel View Trail cul-de-sac road right of way. We would like to add an entry & living room addition to our home by removing the west existing 7' wide attached deck and add a 15' wide living area, also remove the South existing 5' wide deck and add a 9' wide entry/office with a 8' x 10' deck. The SW corner of the proposed addition will be 17 feet from the closest point of the addition to the road right of wav in the cul-de-sac. Our property line on the road right of wav was surveyed on 2-22-21 which showed a large area not being maintained as road. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Ml. 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 foliowing criteria: The applicant identified the following practical difficulty: Would like to make this our permanent residence in a couple of years and want to expand the current property. When they first looked at doing the project, they didn't think they would have any issues, but they started to look at the 20' road right of wav setback. They obtained a survey to verify the road right of wav location and found that they cul-de-sac rieht of wav is actually a lot further on there property then they thought, and the proposed addition lies within the road right of wav setback. Otter Tail County Board of Adjustment - Variance Question Findings I. 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 project is in harmony with the general purpose and intent. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the officiai 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 property owner is proposing to use the property in a reasonable manner. 3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (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: Of the location of the cul-de-sac as shown by the survey which was done. 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 nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar structures in the neighborhood with similar setbacks. S. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than Just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The need for the variance is because of the location of the cul-de-sac 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. (2^ari!e)h DATED: April 8, 2021 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. John & Jodie McCutcheon- Variance Application Tabled to May 13, 2021 (7:00 p.m.) John & Jodie McCutcheon, Lot 7 Blk 1 of Crystal Lida Beaches, Lida Lake (56-747) in Lida Township requested the following: We would like to build a 12’ x 34’ addition to the lake side of our home. There is currently a 10’ x 39’ deck that w ould be removed and not replaced. The setback to the home is currently 75’ (this is the current minimum setback rule). With the addition, our setback would be reduced to 61’. We have an impeded view of the lake due to a cabin (former North Shore Resort) that sits 4’ from the lake and 4’ from our lot line. The impervious area is currently 33% and will remain at 33% due to removal of the deck. Requesting a variance to increase the total impervious surface .15%. Existing impervious is 33.14%, proposed impervious surface would be 33.29%. John & Jodie McCutcheon, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against this application. After consideration and discussion, Thomas Lee made a motion, seconded by Rick Wilson, and carried by roll call vote to table the variance application at the applicants request to May 13, 2021 Board of Adjustment Meeting to allow the applicant time to reconfigure the impervious surface in order to reduce the impervious surface percentage. Roll call vote as follows: Board of Ad justment YEA ABSENT ABSTAINNAY Darren Newville X XThomas Lee XDouglas Larson Michael Donoho X Terry Marthaler Rick Wilson - PC Member X X Rebecca K. Mickelson Lv Tst - Variance Application Tabled to May 13, 2021 (8:35 p.m.) Rebecca K. Mickelson Lv Tst, Lot 3 & Lot 4 Blk 2 of Jerry-Marg Beach, Scalp Lake (56-358) in Hobart Township requested the following: Proposing a 66’ variance to be 34’ from ordinary high-water level. Removing 12’x 14’ existing structure and replacing with a 12’ X 16’ structure. The applicants did not appear. Darren Newville made a motion, seconded by Douglas Larson and carried by roll call vote to table the variance application to May 13, 2021 Board of Adjustment Meeting as the applicant failed to appear. Roll call vote as follows: Board of Adjustment YEA NAY ABSTAINABSENT Darren Newville X Thomas Lee X Douglas Larson Michael Donoho X X Terry Marthaler Rick Wilson - PC Member X X Brnce & Peggy Barker - Variance Application Approved as Requested (7:18 p.m.) Bruce & Peggy Barker, Lot 9 Blk 1 of Haggstrom’s Beach 4* Addition, Pickerel Lake (56-495) in Maine Township requested the follow ing: We are requesting a 3.5 foot variance along the Pickerel View' Trail cul-de-sac road right of way. We would like to add an entry & living room addition to our home by removing the west existing 7’ wide attached deck and add a 15’ wide living area, also remove the South existing 5’ wide deck and add a 9’ wide entry/office with a 8’ x 10’ deck. The SW comer of the proposed addition will be 17 feet from the closest point of the addition to the road right of way in the cul-de-sac. Our property line on the road right of way was surveyed on 2-22-21 which showed a large area not being maintained as road. Page I 4 Board of Adjustment April 8, 2021 Bruce & Peggy Barker - Continued Bruce & Peggy Barker, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against this application. A letter in support of the Variance was received from Hurbert & Peggy Worrell and an email was received from Winston & Sharon Chaffin in support of the Variance request. All correspondence was forwarded to the Board members as well as read for the record. After consideration and discussion, Rick Wilson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance request to construct a 15’ wide entry' & living room addition and a 9’ wide entry/office with an 8’ x 10’ deck being 16.5’ from the road right of way at the closest point. This decision is 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 Ad justment YEA ABSENT ABSTAINNAY XDarren Newwille XThomas Lee Douglas Larson Michael Donoho X X Terry Marthaler Rick Wilson - PC Member X X Scott & Sally Askelson - Variance Application Denied (7:26 p.m.) Scott & Sally Askelson, Survey Lots of GL 10 called Wly 30’ of Lot 4A, Scalp Lake (56-358) in Hobart Township requested the follow ing: This is an After-the-Fact Request. Requesting a 12’ variance from the lake, 48’ variance from the property line for an 10’ x 12’ shed/WOAS (Water Orientated Accessory Structure) for lake storage. The WOAS will be 8’ from the lake and 17’ from the lotline. The required setback to the lake is 20’ for a WOAS and 65’ from the lotline. Scott & Sally Askelson, property owners represented the variance application via GoToMeeting. The audience was polled with Gregory Olson speaking against the variance as requested. He indicated that he does not want to look at the shed and he feels that if this variance is granted a precedence will be established. A letter w as also submitted by Gregory & Barb Olson not in favor of the variance request. After consideration and discussion, Mike Donoho made a motion, seconded by Thomas Lee and carried by roll call vote to deny the variance request as there is adequate room onsite to meet the requirements of the Shoreland Management Ordinance. 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 which have been placed on file w ith the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment YEA ABSENTNAY ABSTAIN Darren Newville X Thomas Lee X XDouglas Larson Michael Donoho X Terry Marthaler Rick Wilson - PC Member X X Board of Adjustment April 8,2021 Page I 5 Amy Busko Amy Busko Wednesday, April 7, 2021 12:56 PM Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair; Kyle Westergard Barker Variance Correspondence Barker Variance Correspondence 04-08-21.pdf From: Sent: To: Cc: Subject: Attachments: Attached is correspondence for the Barker Variance Request. Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountvmn.us ? OTTStTAlL 1 Amy Busko Amy Busko Wednesday, April 7, 2021 9:28 AM Rick Wilson; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair; Kyle Westergard Correspondence Elliot Variance Correspondence 04-08-21.pdf; Barker Variance Correspondence 04-08-21.pdf; Mickelson Variance Corresondence 04-08-21.pdf; Olson Variance Correspondence 04-08-21 Mtg.pdf; Gilbert Variance Correspondence 04-08-21 Mtg.pdf From: Sent: To: Cc: Subject: Attachments: Good morning- Attached you will find Correspondence in regards to several variance applications. Please note that the correspondence for the Gilbert Variance Request is from the Gilberts giving a little more background for their request. Have a great day! Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountymn us W OTTBtlAa.eouNrvwwsow 1 Amy Busko Chris LeClair Monday, April 5, 2021 9:45 AM Amy Busko; Ben Olson; Chris LeClair; Darren Newville; Doug Larson; Kyle Westergard; Mike Donoho; Terry Marthaler; Tom Lee FW: Variance request comment From: Sent: To: Subject: Follow Up Flag: Flag Status: Follow up Flagged FYI —Original Message— From: w.chaffin med-realty.net <w.chaffin@med-realty.net> Sent: Monday, April 5, 2021 8:50 AM To: Chris LeClair <cleclair@co.ottertail.mn.us> Subject: Variance request comment To Whom it may concern: Regarding request for variance at 33275 Pickerel ViewTrl, Richville, MN, 56576, Bruce & Peggy Barker, owners We are the next door neighbors to the Barkers - the owners requesting the variance. We are fully supportive of the Board of Adjustment granting this small variance. Winston & Sharon Chaffin 33271 Pickerel View TrI, Richville, MN, 56576. (361)548-1341 1 RECE/VED APR 1 2021 -AND & RESOURCt Hubert Worrell Peggy LeNoue Worrell 33261 Pickerel View Trail Richville, MN 56576 615-300-3880 Notice of Hearing for Variance tUfote & Pfe^^gtattactfgan Amy Busko Board of Adjustment Land 8i Resource Management Otter Tail County Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 March 27, 2021 Amy, We have reviewed the attached application for variance proposal. We live one house down on the Cul de Sac from the Barkers. We see no problem with the proposal, so our input is that the variance be granted. Sincerely, Hubert Worrell Peg^xewoue Worrell CC: Bruce & Peggy Barker 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 25*'^ day of March, 2021 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 Beth Wicklund, Clerk Maine Township 31544 330‘^^ Ave Battle Lake MN 56515 NoneBruce & Peggy Barker 1307 Elm Ave Wheaton MN 56296 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: 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/^^Big Pine: Pelic^ FisnVBass & 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 2 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: Rick Wilson, 609 West Lakeside Drive, Fergus Falls MN 56537 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: March 25, 2021 Extra BOA Members__ PC Member_____ Envelopes____12 TOTAL NOTICES TO PRINT____24 Added to Agenda EH Map m Print out Findings of Fact Sheet Newspapers 5Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-475) 04-08-21 .docx e iBuffer Parcels Parcel No Addrl Addr2 Citv St ZiDName 1 Name 2 Richville MN 56576 952038000120083008 Hay Family Tst 33397 Pickerel View Dr 38000130089000 Darrell & Judith Wicklund Battle Lake MN 56515 932033253 315th St 38000130092001 Darrell 8t Judith Wicklund Battle Lake MN 56515 932033253 315th St 38000130092003 Leigh M & Shana M Barry Richville MN 56576 950435695 County Highway 32 38000990709000 Hay Family Tst Richville MN 56576 952033397 Pickerel View Dr Champlin MN 55316 197138000990710000 Steven M Larson 11471 Preserve Ln N White Bear Lake MN 55110 604238000990711000 Patrick & Deborah Mcclernon 12665 Homestead Dr 38000990712000 Stephen D & Dawn L Helle Waconia MN 55387 1604657 1st St E Wheaton MN 56296 105738000990713000 Bruce F 8i Peggy J Barker 1307 Elm Ave N Richville MN 56576 952038000990714000 Winston E & Sharon M Chaffin 33271 Pickerel View TrI 38000990715000 Hubert L lii & P Worrell Richville MN 56576 952933261 Pickerel View TrI 38000990810000 Alan & Kimberly Hochhalter Tst PO Box 669 Fargo ND 58107 0669 38000990811000 Terrance R & Karen L Olson Williston ND 58801 25391825 18th Ave W 38000990812000 Arvid & Lavonne Carlson Minot ND 58703 963011000 County Road 15 W 38000990815000 To The Public 00 Page 1 of 1Sunday. March 21, 2021 Buffer Mail Address i City, State, ZipNameAddress 2 Alan & Kimberly HochhalterTst Fargo ND 58107 0669PO Box 669 Bruce F & Peggy J Barker 1307 Elm Ave N Wheaton MN 56296 1057 Leigh M & Shana M Barry 35695 County Flighway 32 Richville MN 56576 9504 Arvid & Lavonne Carlson 11000 County Road 15 W Minot ND 58703 9630 Winston E & Sharon M Chaffin 33271 Pickerel View TrI Richville MN 56576 9520 Hay Family 1st 33397 Pickerel View Dr Richville MN 56576 9520 Stephen D & Dawn L Helle 657 1st St E Waconia MN 55387 1604 Steven M Larson 11471 Preserve Ln N Champlin MN 55316 1971 Patrick & Deborah Mcclernon 12665 Homestead Dr White Bear Lake MN 55110 6042 Terrance R & Karen L Olson 1825 18th Ave W Williston ND 58801 2539 Darrell & Judith Wicklund 33253 315th St Battle Lake MN 56515 9320 Hubert L Mi & P Worrell 33261 Pickerel View TrI Richville MN 56576 9529 Sunday, March 21, 2021 Page 1 of 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: Bruce & Peggy Barker 1307 Elm Ave Wheaton MN 56296 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, April 8,2021 at 7:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No.- 38000990713000 Lot 9 BIk 1 of Flaggstrom's Beach 4''’ Addition Section 12, Township 134, Range 41 Township Name - Maine Pickerel Lake (56-475), Recreational Development (RD) 33275 Pickerel View Trail, Richville MN 56576 Lake Name/Number/Class: Property Address: The variance requested is the following: We are requesting a 3.5 foot variance along the Pickerel View Trail cul-de-sac road right of way. We would like to add an entry & living room addition to our home by removing the west existing T wide attached deck and add a 15' wide living area, also remove the South existing 5' wide deck and add a 9' wide entry/office with a 8' x 10' deck. The SW corner of the proposed addition will be 17 feet from the closest point of the addition to the road right of way in the cul-de-sac. Our property line on the road right of way was surveyed on 2-22-21 which showed a large area not being maintained as road. Amy Busko Board of Adjustment Secretary March 25, 2021 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 STAFF REPORT Bruce & Peggy BarkerAPPLICANT: We are requesting a 3.5 foot variance along the Pickerel View Trail cul-de-sac road right of way. We would like to add an entry & living room addition to our home by removing the West existing 7' wide attached deck and add a 15' wide living area also remove the South existing 5’ wide deck and add a 9' wide entry/office with a 8' x 10' deck. The SW corner of the proposed addition will be 17 feet from the closest point of the addition to the road right of way in the cul-de-sac. Our property line on the road right of way was surveyed on 2-22-21 which showed a large area not being maintained as road. APPLICATION: 33275 Pickerel View Trail, Richville MN 56576 38000990713000LOCATION: LAKE NAME/NUMBER/CLASS: Pickerel, 56047500, RD STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website ▼ 33275 PICKEREL VIEW TRL X Q, KFREl staff Recommendation; Either approve or deny. If amotion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A RIVERSLAKES U&TSETBACKS (Ft)NE Ag TransGDRD Elevation Above OHWL 3 3Vertical Separation*3 3 3 3 Setback From OHWL Dwellings / Non-Dwellings 100 15010075100 200 20 20 20202020WOAS Lotline** 10 10Single Family Residence Commercial PUD 10 10 10 10 50 50 5050 50 50 50 50Residential PUD 50 5050 50 40 65 11590WOAS4065 Top of Bluff 30 30 3030 30 30 Road Right-of-Wav (Public / Private) 20 20 20 20All Structures 20 20 Septic Tanks 10 10All Structures 10 10 1010 Soil Treatment Area 20 20 20Dwelling Non-Dwelling Maximum Structure Height 20 20 20 10 1010101010 35 35 35 353535Dwelling Non-Dwelling ***20 20 20 202020 10 101010 10 10WOAS Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. No comments SCALE DRAWING FORM Tax Parcel Number(s) 33000 '7/5 OQC^ A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all existing and/or proposed structures, septic tanks, drainfieids, lotiines, road right-of-ways, easements, OHWLS, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. Scale: 1 inch =!-;0 ■DateSignature Meu> icioApcajf} i rxa >0 \# > 3; * > k 'O in‘otCK --------I ^9IX^ 3O ' 3t> ^!;\\ \s\I\ I %ojA !10 i(!Cl o ;in 2:i .1U>i 9 3U>'t t IIt1I«o i' 03'izi -'V.:!I ij-i .Si :^ 30'—- -I 3i; II, — 2^ —HOUiii ^ •o ---------1^5'•-c 35----! «V; ,>?? / — :\ H \\ \ ^ Ov'.'^ewai^|0■>l'\/■ : \ ■J I i■ I 25'\ \ \ PICKEREL ’f 1** ^;lSk -r>- ROW Characteristics of Proposed Dwelling New or Replacement Square Feet; Maximum Proposed Height Setback to U?t Lines (indicate (2) ckisest kit lines): New 568 Square Feet 13 Feel 24 Feet 25 Feet Setback to Right of Way; Setback to Ordinary High Water Level; Setback to Septic Tank: Setback to Drainfield: 17 Feet 170 Feet 28 Feet 31 Feet Setback to Bluff:0 Feet Elevation above Ordinary High Water Level: Total Bedrooms: 8 Feet 2 Roof Change:Yes Characteristics of Proposed Deck Square Feet; Maximum Proposed Height Deck Stbck Lot Line 1 (indicate (2) closest lot lines); 500 Square Feet 13 Feet 28.67 Feet 30 Feet Setback to Right of Way: Setback to Ordinary High Water Level; Elevation above Ordinary High Water Level: Setback to Septic Tank; Setback to Drainfield; 28.67 Feet 160 Feet 8 Feet 18 Feet 21 Feet Setback to Bluff:na Feet Proposed Project (Lot Alteration) Project Type:Fil Project Description;excavtfa for 15 x 26 and 9 x 22 basement Site Prep BasementFoundation Type: Pwipwvioua Surfaco - BUWdthgs Dweling Prc^iosed: Attached Garage Proposed: Detached Oarage Proposed: Storage Shed Proposed: Water Oriented Accessory Structure Proposed: Recreational Camping Unit Proposed: Miscellaneous Proposed; Total Building Proposed Impervious: 588 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 586 Square Feet [Xveling Existing: Attached Garage Existing: Detached Garage Existing: Storage Shed Existing: Water Oriented Accessory Structure Existing; Recreational Camping Unit Existing; MIscelaneous Existing: Total Building Existing Impervious: 832 Square Feet e 0 Square Feet 528 Square Feet 64 Square Feet 0 Square Feet 0 Square Feet 396 Square Feet 1820 Square FeetfT ] Imparvlous Surface Calculation - Buildings Total Building Existing Impervious: Total BuBding Proposed Impendous: Total BuHding Impervious Surface; Lot Area; Impervious Surface Ratio: Buldings Impervious Surtoce Percentage: 1620 Square Feet 568 Square Feet 2408 Square Feet right 42000 Square Feet 0^73 topervji Deck(s) Existing: Patio{s) Existing: Sidewalk(8) Existing: Landlng(s) Existing; Driveway(s) Existing; Perking Area(s) Existing: Retaining Wal(6) Existing: Landscaplr>g Existing: Misoetaneous Existing: Other Existing Total: If any of tiie above categories Include Permeabla Pavers, please indicate here: 366 Square Feet 400 Square Feet 260 Square Feet 0 Square Feet 1354 Square Feet Deck(s) Proposed; Patio(8) Proposed: Sldewalk(8) Proposed: Landlng(s) Proposed: Oriveway(s) Proposed; Parking Araa(s) Proposed; Retaining Wal(s) Proposed; Landscaping Proposed; Miscelaneous Proposed: Otfier Proposed Total: 500 Square Feet 0 Square Feet 649 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 136 Square Feet 0 Square Feet 1265 Square Feet 0 Square Feet 50 Square Feet 192 Square Feet 966 Square Feet 3641 Square Feet ItnpqrvlouB Surface Calculation - Buildings & Other Total Building -f Other Existing Impervious: Total Building ^ Other Proposed Impervious: Total BuVding ^ Other Impervious Surface; 5461 Square Feet 1873 Square Feet 7334 Square Feet 42000 Square FeetLot Area; Bulding Other Impervious Surface Ratio: Bulding * Other Impervious Surface Percentage: 0.1746 11 Shore Impact Zone lmpervious__ Buildlng(8) Existing: Deck<s) Existing: Patlo(s) Existing: Skjewalk(s) Exisiting: Landlng(s) Existing; Driveway(s) Existing: Parking Aree(s) Existing: Retaining Wali(8) Existing: Landscaping Existing: Miscelanaoua Existing: Total Existing Impervious In the Shore Impact Zone: Total Impervious in the Shore impact Zone: 0 Square Feet 312 Square Feet 400 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 72 Square Feel 0 Square Feet 784 Square Feet 784 Square Feet| . • | Buildlng(8) Proposed: Deck(s) Proposed: Patio(s) Proposed; Sldewalks(s} Proposed: Landing(s) Proposed: Driveway(s) Proposed: Parking Area(s) Proposed: Retaining WaN(s) Proposed; Landscaping Proposed; 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feat 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet Miscelaneous Proposed: Total Proposed Impervious In the Shore Impact Zor>e: Applicant Approval L . I/. Applicant Signature; Data Signed: PlessB check to approve: Attention; Comments: Internal Notes OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTER TAIIooikTfaiattioti GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER & MARCH 31^^ I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # 3SOOO S9Q 7/^ OOO ). described on \InnO( nc.f\Application(s) datedmy TT|Qjfr>) Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). jniuDATED 'PROPERTY OWNER LR; Forms: Waiver 60 Day Rule 03-17-2020 6^ WarraiTty Deedi IndividuaKs) to Joint Tenants j 1195624C3lo 8&linqiient taxes and transfer entered; Certiricate of ^^state Value ( ) filed ( } not required TOcale of Real Estate V^lue No. n 13*1 V»‘^CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 09/01/2017 3:25 PM °'S>gy!7-)gml?-gr!!frtaaf) County Auditor FEE: 46.00 PAGES 1 WELL CERTIFICATE REC'D: N i i i i R.Oby Deputy31^000*^*^ cm :^ooo DEED TAX DUE;$1,709.40 (reserved for leooidir^ data) Date: At^ustSO, 2017 :FOR VALUABLE CONSIDERATION, Susan A. Hanson, a single person, Grantor, thereby conveys and warrants to Bruce F. Barker and Peggy J. ^arker, Grantee(s), as joint tenants, real txoperty in Otter Tail County, Minnesota, described as follows; Lots. Block H^of Haggstrom's Beach Fourth Addition, Otter Tail County, Minnesota together with all hereditanents and appurtenances belonging thereto, subject to the following exceptions; ■: : :• ;COUNTY OF OTTER TAIL nATP P>VY ^-3V-V~\ ! Check box if applicable; [ ] The Seller certifies that the seller does not know of any wells on the described real property. [ ] A well disclosure certificate accompanies this document i ; I am familiar with the property described in this instalment cind I certify that the status and number of wells on the described real ^ property have not chang^ since the last previously filed well discteure certificate.i ____t .. "■Susan A. Hanson Affix DeedTax Stamp Here STATE OF /y),n/TCSo-^^___________ COUNTY OF ____________ This instrument was ackrxrwiedged before me on 1 ! ■; 20 /7 bv Signature qf^Aotatry P&iciNOTARIAL STAMP OR SEAL (OR OTHER TTILE OR RANK)i!rioE ‘ ic lar tnm*iiuio9 Aw aiosauuitiM-aiiqnd AiBtoN 1 N0ST31NVQ NNA1 A3ST3)I Check here if part or all of the land is Registered (Torrens) [ J Tax Statements for the real propaty described in this instrument should be sent to (include name and address of Grantee); Bruce F. Barker and Peggy J. Barker 1307 Elm AveN Wheaton, MN 56296 THIS INSTRUMENT WAS DRAFTED BY; i N.F. Field Abstract Co.. LLC 127 South Mill St Fergus Falls, MN 56537 (218)73&5476 RIe Number. BARKER-HANSON ; i■ ; ; ; WMRNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. otter Tail County oT^^AiL Land & Resource Management couerrv' MMtfWA Shoreland Inspection Form ftruct H-?3Ct,vtey'h\‘\<o\Permit No.Contractor HiicbdVN 'P\o£^'CKll-7-M-?01\Type of Permit ^ Structure PermitDate of Inspection Inspector Shoreland Alteration Permit Structure Inspection Shoreland Alteration Inspection Mot-Wn Type of Structure □ YES □ NO*Project completed per permit *lf no, explain in comments Type of ExcavationVilhftstructure Height ft □ Grading □ Filling □ Removing Material Off Site Type of Material UsedCl\M'Vostructure Length ft ft □ Asphalt□ Class V □ Concrete □ Gravel □ Crushed Concrete □ Pit Run Material □ Washed Sand □ Black DirtImoftstructure Width ft ft □ Natural □ Other SETBACKS yd^Estimate of total material moved Up?.m100OHWLft ft Erosion Control □ YES □ NO □ N/AErosion Control ProvidedNIA »N|(\N|i\Top of Bluff ft ft If Yes, type of erosion control provided □ Sod □ Turf Seed □ Hydroseed □ Straw Mat □ Silt Fence5^\f\-Road R.O.W.ft ft ft □ Erosion Control Blanket □ Other Impervious SurfaceProperty Line 'bOft ft N S □ YES □ NOImpervious Surface Change Property Line n UMVoftft Type of Impervious SurfaceN S □ Asphalt□ Class V □ Concrete □ Wood□ Gravel10?0 51Septic Tank ft ft ft □ Crushed Concrete □ Pavers □ Rock □ Pit Run Material □ OtherSOyipiftSoil Treatment Area ft ft Non-permeable liner under product?□ YES □ NO ^ \Property's Total Impervious Surface Coverage After Project CompletionLowest Floor to OHWL ft ft ft % AMap of Project @/K AS V— ■ ■—7DU:i ..... VU3't A73)'j : C7 IS'I PtjAvTVldjrjZ i C I -A -bl' m' (ol' u fV ;/□ Photos Taken <Y\Hk lUComments: Final Inspector Signature 895704 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870