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Home My WebLink About41000990420000_Variances_07-18-2019Variances 2 Barcode 128 GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us i ^ Application Fee ______ COMPLETE THIS APPLICATION IN INK Receipt Number 2-01*^ ' 0 I ~~I Accepted By / Date ~^l gr PROPERTY OWNER MAILING ADDRESS 'ZOZOS' UlS f\Ut E-MAIL ADDRESS (tujCa / M(\ / 7 yc> LAKE NUMBER^LAKE NAME Z DAYTIME IPHONE 7.1 LAKE CLASS M. SECTION O '3 TOWNSHIP / 3 Z RANGE TOWNSHIP NAME /K . cA S ^ jOOO^<^D^ZOCCCPARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION]/c-lh Ic^-i j ^}K2. TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size___Sewage System____Subdivision Cluster WECS Misc. 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: m.^fi VARIANCE REQUEST: ne<{yreiA 15 16o‘ f-o sh^y 6>'^ct\ •Pro-^e i~ IcytA^ or 6 e'H'-’r s'f I €iS 11 a./\(A Plr'l ^ 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. / SIGNATURE OF PROPERTYOWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) U&- OFFICE USE ONLY Date Of Board of Adjustment Hearing Z^\^\ Motion Time T30 Adam Schwartz & Andrew Cihlar - Variance Application Approved as Requested (8:00 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to approve a variance to be 80' from the ordinary high water level for the placement of a 20’ x 40’ cabin as indicated in the variance application and drawing that was submitted with the variance application and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. Hardship/practical difficulty is the wetland onsite and the topography. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management yK Yes (Contact Land & Resource Management) No Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date ’ CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 Chris LeClair Director Kyle Westergard Asst. Director 218-998-8095 FAX; 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant; Adam Schwartz & Andrew Cihlar Address/Parcei No. 44421 220**^ St.. Vining / 41000990420000 Requested Variance; Requesting to be 80' from the OHWL. required is 100'. To stay back from wetlands for better site, iess fill and dirtwork_________________________________________^_______ Otter Tail County Ordinance; X Shoreland Mgmt. Ordinance Section Citation; Section III. 4. A. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. 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 topography of the lot and the wetlands located onsite. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the officiai control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because; The Shoreland Management Ordinance allows property owners to develop and improve their property. The terrain of the land is also a factor in regards to the property. 2. Is the property owner proposing to use the property in a reasonabie 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 cantrol). 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; There are similar structures and land uses in the neighborhood with similar setbacks and with the wetland onsite limits location of building. 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, biuff, floodplain, fioodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that daes not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because; The topography of the land restricts the suitable area for building. 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 ar number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: The proposed structure will be located father away from the lake than other structures in the area. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The proposed location for the structure allows room for a septic and keeps them away from the wetland. The Otter Tail County Board of Adjustment: APPROVES X DENIES the requested variance. Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: August 8, 2019 ----- Board of Adjustment Chair The Board of Adjustment may impose conditipns 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. Christopher & Katrina Smaaladen -Continued After consideration and discussion, Steve Schierer made a motion, seconded by Doug Larson to deny the variance as requested as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested. There is plenty of room to enjoy the property with a new dwelling without having to encroach on the lake setback and they can also reduce the size of the screen porch. The motion failed on a tie vote with Brent Frazier, Thomas Lee & Kenneth Vorderbruggen voting against the motion. Upon further discussion, Thomas Lee made a motion, seconded by Brent Frazier and carried with Doug Larson and Steve Schierer voting no to approve the variance as requested with the new structure being 73’-2" from the ordinary high water level as depicted in the variance application and on the drawing submitted with the variance application dated July 17,2019 and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that they are moving the structure/new dwelling further from the lake than the existing cabin. The variance as approved does not directly or indirectly grant any other variances for future development. Thomas & Deborah Bruns - Variance Application Approved as Requested with Conditions (7:53 p.m.) Thomas & Deborah Bruns, Lot 2 & 3 Blk 1 of Moonlight Bay, Lida Lake in Maplewood Township, requested the following: We request a portion of the absorption field be placed approximately 10 feet into the road right of way to the ditch bottom, but not disturbing the drainage, required setback is 10’ from road right of way. Also request a variance for the absorption field to be place 5 feet from the detached garage noting that the detached garage has a guest bedroom in it, required setback is 10’ and request that the absorption field be place 1 foot from the property line, required setback is 10’. As well as requesting to place the tank within the bluff impact zone which will be approximately 15’ into the bluff, required setback is 30’ from the top of the bluff Wayne Johnson, Super Septic represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, seconded by Doug Larson and unanimously carried to approve the variance as requested with the conditions that the Maplewood Township’s conditions/requirements are followed, and a sign is placed in the septic system location indicating that “Septic System Located Here” and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that the Land & Resource Management Office has been onsite to verified soils. The variance as approved does not directly or indirectly grant any other variances for future development. Adam Schwartz & Andrew Cihlar - Variance Application Approved as Requested (8:00 p.m.) Adam Schwartz & Andrew Cihlar, Lot 1 Blk 2 of Valhalla Estates, East Battle Lake in Nidaros Township, requested the following: Requesting to be 80’ from the OHWL, required is 100’. To stay back from wetlands for better site, less fill and dirt work. Adam Schwartz represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to approve a variance to be 80’ from the ordinary high water level for the placement of a 20’ x 40’ cabin as indicated in the variance application and drawing that was submitted with the variance application and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. Hardship/practical difficulty is the wetland onsite and the topography. The variance as approved does not directly or indirectly grant any other variances for future development. Steven & Evelyn Mulder - Variance Application Approved as Requested (8:05 p.m.) Steven & Evelyn Mulder, N 40’ Lot 3 & All Lot 4 of Hillcrest Beach, Long Lake in Hobart Township, requested the following: Requesting a Variance to add an addition over a portion of existing deck for mechanical room, office & bathroom. Not going any closer to lake than existing dwelling approx. 44' from water. Existing deck being removed is 168 sq. Ft new addition would be 288 sq ft. Additional building sq footage would be 120 SF the addition would have the same roof line as the existing house. (1 story high) Current Impervious surface in the Shore Impact Zone is 111 sq ft there will be no increase to the Shore Impact Zone Impervious Surface. All other requirements of the Ordinance to be met. Page I 5 Board of Adjustment August 8, 2019 e OTTER TAIL COUNTY - MINNESOTA LAND & RESOURCE MANAGEMENT Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern; Adam Schwartz Andrew Cihlar 20205 475‘*’ Ave Vining MN 56588 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 8, 2019 at 7:30 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring speciai accommodations shouid contact the Otter taii County Land & Resource Management office prior to the date of the pubiic hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description: Lake Name/Number/Ciass: Property Address: Parcel No.- 41000990420000 Lot 1 BIk 2 of Valhalla Estates Section 3, Township 132, Range 39 Township Name - Nidaros East Battle (56-138), Recreational Development (RD) 44421 220''' St., Vining MN 56588 The variance requested is the foilowing: Requesting to be 80' from the OHWL, required is 100'. To stay back from wetlands for better site, less fill and dirtwork. July 25, 2019 Amy Busko Board of Adjustment Secretary 218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER ottertailcountymn.us IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Ft^ Proposed Ft^ Dwelling Attached Garage Detached Garage Storage Shed WOAS RCU Miscellaneous TOTAL BUILDINGS 0 Existing Proposed Ft^ Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s)TdOParking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL OTHER o e>ot) Total Buildings Existing Ft^ Proposed Ft^ Total Ft^ Lot Area Ft^ Impervious Surface Ratio Buildings Impervious Surface Percentage Maximum Allowable 20% -1-200 -X 100 I ,^'1 Total Buildings + Other Impervious Surface Existing Ft^ Proposed Ft^ Total Ft^ Lot Area Ft^ Impervious Surface Ratio Buildings + Other Impervious Surface Percentage Maximum Allowable 25% O -1-\t)00 =l-3ot)~.03125 X 100 = Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date STATE OF MINNESOTA COUNTY OF OTTER TAIL OTTER TAIL COUNTY Fergus Falls, Minnesota ) ) ss ) I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25th day of July, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: K*UJ Property Owner Adam Schwartz Andrew Cihlar 20205 475“’ Ave Vining MN 56588 Township Clerk Debra Biederman, Clerk Nidaros Township PO Box 116 Clitherall MN 56524 Lake Association NA City Clerk (if located within 2 miles of a city) City of Vining, Sally Bohn, Clerk, PO Box 133, Vining MN 56588 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 (Near Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & 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 Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Planning Commission Member: Brent Frazier, PO Box 255, Pelican Rapids MN 56572 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print Dated: July 25, 2019 Amy Busko, Secretary Otter Tail County Board of Adjustment File -L Extra k. By: Amy Busko BOA Members PC Member__ Envelopes___SI L^^Minutes 1A___ l:\BOA\Affidavits\Schwartz (138) 08-08-19.docx TOTAL NOTICES TO PRINT I ✓I Added to Agenda G^Map □ Print out Findings o^act Sheet Newspapers ||ci1 rufTj fe I Buffer Parcels Parcel No Name 1 Name 2 Addr 1 Addr 2 City St ZiD 29000350241001 James & Sandra Christopherson 526 Queens Ct Moorhead MN 56560 6777 29000350241002 John & Karen Tjostem Tsts 1106 Locust Rd Decorah lA 52101 1143 29000350241004 Gary P Henrickson 44479 220th St PQ Box 86 ViningMN 56588 0086 29000990886000 Ray Fallstead 7303 Bogey Dr Mission TX 78572 9881 41000030015002 James & Sandra Christopherson 526 Queens Ct Moorhead MN 56560 6777 41000030015003 John & Karen Tjostem Tsts 1106 Locust Rd Decorah lA 52101 1143 41000030015005 Gary P Henrickson 44479 220th St PO Box 86 Vining MN 56588 0086 41000030015006 Judd D & Barbara K Young 44151 220th St ViningMN 56588 9507 41000030016000 Gregory A 8i Gail L Froslee 21865 450th Ave ViningMN 56588 9505 41000990418000 John C & Connie J Korver 525 4th St N MovillelA 51039 5001 41000990419000 John C & Connie J Korver 525 4th St N Moville lA 51039 5001 41000990420000 Adam Schwartz Et Al 20205 475th Ave Vining MN 56588 9600 Thursdav. Julv 18. 2019 Paee 1 of 1 Buffer Mail Name Address i Address 2 City, State, Zip Adam Schwartz Et Al 20205 475th Ave Vining MN 56588 9600 James & Sandra Christopherson 526 Queens Ct Moorhead MN 56560 6777 Ray Fallstead 7303 Bogey Dr Mission TX 78572 9881 Gregory A & Gail L Froslee 21865 450th Ave Vining MN 56588 9505 Gary P Henrickson 44479 220th St PO Box 86 Vining MN 56588 0086 John & Karen Tjostem Tsts 1106 Locust Rd Decorah lA 52101 1143 John C & Connie J Korver 525 4th St N Moville lA 51039 5001 Judd D & Barbara K Young 44151 220th St Vining MN 56588 9507 Thursday, July 18, 2019 Page 1 of 1 m OTTER TAILCOUNTY - MINNESOTA LAND & RESOURCE MANAGEMENT Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Adam Schwartz Andrew Cihlar 20205 475‘^ Ave Vining MN 56588 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 Sanitatioh Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 8, 2019 at 7:30 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail County Land & Resource Management office prior to the date of the public hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description: Parcel No. - 41000990420000 Lot 1 BIk 2 of Valhalla Estates Section 3, Township 132, Range 39 Township Name - Nidaros Lake Name/Number/Class: Property Address: East Battle (56-138), Recreational Development (RD) 44421 220*'' St., Vining MN 56588 The variance requested is the following: Requesting to be 80' from the OHWL, required is 100'. To stay back from wetlands for better site, less fill,and dirtwork. July 25, 2019 Aj2jy Busko Board of Adjustment Secretary 218-998-8095 (@ OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER ottertailcountymn.us