HomeMy WebLinkAbout46000990310000_Variances_04-11-2019Variances
2
Barcode 128
Date Stamp
RECEIVED
MAR I 8 2019
^ND 8 RESOURCE
1221025
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
L&R Initial
FEE; 46.00
PAGES 7
WELL CERTIFICATE REC'D; N
THE ABONTE-STTCcE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s VVebsite: www.ottertailcountymn.us
Application Fee
Receipt Number
Accepted By / Date
DAYTIME PHONE TLl 7
COMPLETE THIS APPLICATION IN INK
PROPERTY OWNER
MAILING ADDRESS
E-MAIL ADDRESS
LAKE NUMBER^LAKE NAME Tbu \
f
Sl>LAKE CLASS
SECTION TOWNSHIP / S V RANGE 039 TOWNSHIP NAME OTt Cfc. Tf^\L
PARCEL
NUMBER ^60000^r>e>,%c'^oS
E-911ADDRESS 726T72- A/rSpuAj//
56-.7/
LEGAL DESCRIPTION Ter
An^i Vaf. f2c(' Ac<\.f f lo J> c P fej . - -
TYPE OF VARIANCE REQUESTED (Please Check)
><Cluster WECS Misc.Structure Setback Structure Size Sewage System Subdivision
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.
HA^W?eMg)\frOTTER TAIL COUNTY ORDINANCE:
SECTION OF ORDINANCE: //A Vl/? * /l/-g- BJ
VARIANCE REQUEST:CM«(2t?Nrr ^:aB|/4 l/sj /Wt>lA25t<Z.I>
ACsChTIot'/Xo/iL-t Tbp Al>Ii A iLi'
»>^j5<>tncr4 DA^:5-T5' -^T lo'Pr<p,YNUi P
DOiU_ teWCP- VICU. ^6T AW^rnosl (5>‘5ET
c.ta)'^=r2-T<r> 6TfZ.o£i?ri->r®5r.
/AAJC^
l&UILCV^ t\r4C^’F 0-^0 n)0
CL +0+«-'\-a-to.A<£- 1‘^OC‘S'f
cf 17/4 6*?^
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.O
9...Zi
LL'
-.1..i.
cnlATEE OF PROPERTY OWNER / AGENT FOR OWNERSIGN
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Date Of Board of Adjustment Hearing llj
Motion
p /m.Time
John & Donna Burns - Variance Application Approved as Requested (7:12 p.m.)
April 18, 2019 - The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Darren Newville and unanimously carried to table with verbal permission of the
applicants at this public hearing until the May 9, 2019 meeting of the Board of Adjustment to allow the Board of Adjustment members
to get clarification of the Statue in reference to an expansion of a non-conforming structure.
May 9, 2019 - After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried to
approve a variance to construct a 14’ x 22’ addition to the existing cabin 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 current location of the
existing cabin and the lowland which is located behind the house. The variance as approved does not directly or indirectly grant any
other variances from proposed or future development.
Chairman/Ott^H^ail County BoaKd of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)<
No
6uJic hinji^
'LR 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
Director
I
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR Tim
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX; 218-998-8112
i
Board of Adjustment
Findings of Fact and Decision
Address/Parcel No. 42092 County Hwv 1, Ottertail MN 56572/46000990309000.
46000990310000 & 46000040018006
Applicant: John & Donna Burns
Requested Variance: Current cabin is located in Shore Impact Zone and would like to add a 14' x 22' addition to existing
cabin. Cabin and proposed addition meets lot setbacks (more than 10' from lot line) and will comply with sewer and
well setbacks. Addition is set behind building line of neighborhood and no closer to lake than existing structure.
Current impervious in shore impact zone 1406 sf. proposed 308 sf for a total of 1714 sf.
Otter Tail County Ordinance; ISI Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation III. 4.;A& IV. 8. B.l
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 7^
CRITERIA / BOARD OF ADJUSTMENT MEMBER SS PCDLTLDNKV
1. Is the variance in harmony with the general purposes of the official
control? I
2. Is the property owner proposing to use the property in a reasonable
manner not permitted by an official control?k
3. Is the need for a variance due to the circumstances unique to the
property not created by the landowner or prior landowners?
4. Will the issuance of the variance maintain the essential character of
the locality?fuVi^I V\ ■
5. Does the need for the variance involve more than just economic
considerations?
Facts supporting the answer to each question above, together with those other facts that exist in the record, are hereby certified to
be the Findings of the Board of Adjustment.
The Otter Tail County Board of Adjustment: APPROVES_the requested variance.DENIES
This decision is based on:
Application
Information received at public hearing
Staff report
Pictures
Viewing by_____members of the Board of Adjustment
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
BhhiDATED;
Board of Adjustment Chair
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 because the proposed
addition will be no closer to the lake than the existing structure.
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 not permitted by the official control
because the proposal iwill not encroach any closer to the Jake than the existing dwelling.
i'.-
1
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
landowners? (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 a variance is due to the circumstances unique to the property not created by the landowner because
there is lowland located behind the house and the proposal would not meet the 3' vertical separation.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider ond 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 because there are structures that are
a similar distance to the lake as the proposal.
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 a variance does involve more than just economic considerations because the cabin has been in the
family and they want to save the integrity of the cabin.
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.
:I '
1219924No Delinquent taxes and transfer
entered; Certificate of Real Estate
Value ( ) filed ('0 not required
Certificated of Real Estate Value
CO CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/23/2019 03:36 PM
FEE: 46.00
PAGES 3
WELL CERTIFICATE REC'D: N
ORCvjIT)S No.
2019
, County Auditor
, Deputy
O
(a)
by.CO
noo t)ifooi?ooLParce
Quit Claim Deed
Individual(s) to Individuals
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX S
NUMBER
date >4 • ZZ t°l
STATE DEED TAX DUE HEREON: $1.65
Date: April 12, 2019
o
FOR VALUABLE CONSIDERATION, Phyllis D. Burns, an unremarried widow, Grantor,
hereby conveys and quit claims to Shelly J. Fischer, John M. Bums and William B. Burns,
Jr., real property in Otter Tail County, Minnesota, described as follows;
Lots 68 and 69 of Pleasure Park Beach, and that part of Government Lot 10 of Section 4,
Township 134, Range 39, is as described as follows: Beginning at a northeasterly corner
of Lot 68, Pleasure Park Beach, running thence Northwesterly on a continuation of the
easterly line of said Lot 68 if extended, to the Southerly line of the County Road; thence
Westerly in the Southerly line of said County Road to a point on said Southerly line where
the same intersects the Westerly line of Lot 69, if extended Northerly to said County Road;
thence Southeasterly in said Westerly line of Lot 69, if extended, to the Northwesterly
corner of said Lot 69; thence Northeasterly in the Northerly line of Lots 68 and 69 to point
of beginning.
AND
All that part of Lot 67, PLEASURE PARK BEACH, according to the recorded plat thereof,
Otter Tail County, Minnesota, described as follows; Beginning at the northwest corner of
said Lot 67; thence North 71 degrees 20 minutes East on an assumed bearding along the
northerly line of said Lot 67, a distance of 24 51 feet; thence South 07 degrees 52 minutes
23 seconds East a distance of 191.02 feet to the westerly line of said Lot 67; thence North
15 degrees 13 minutes 59 seconds West along said westerly line, a distance of 187.98 feet
to the point of beginning. TOGETHER WITH that part of Government Lot 10, Section 4,
Township 134, Range 39, Otter Tail County, Minnesota, described as follows:
Commencing at the northwest comer of Lot 67, PLEASURE PARK BEACH, according to
the recorded plat thereof; thence North 71 degrees 20 minutes East on an assumed
bearing along the northerly line of said Lot 67, a distance of 24.51 feet; thence North 07
degrees 52 minutes 23 seconds West a distance of 20.36 feet to the northerly line of the
public road as dedicated in said plat of PLEASURE PARK BEACH, the point of beginning
of the land to be described; thence continuing North 07 degrees 52 minutes 23 seconds
Otter Tail County, Minnesota 1219924 1 of 3
n
West a distance of 99.49 feet; thence North 09 degrees 09 minutes 11 seconds West a
distance of 195.19 feet to the southerly right-of-way line of County State Aid Highway No.
1; thence South 84 degrees 21 minutes 52 seconds West along said southerly right-of-way
line, a distance of 61.36 feet to the northerly extension of the westerly line of said Lot 67;
thence South 15 degrees 13 minutes 59 seconds East along said northerly extension of
the westerly linle of Lot 67, a distance of 304.62 feet to said northerly line of the dedicated
public road; thence North 71 degrees 20 minutes East along said northerly line of the
dedicated public road, a distance of 27.13 feet to the point of beginning.
AND
That part of the platted road as dedicated in the plat of Pleasure Park Beach according to
the recorded plat thereof described as follows, to-wit; Commencing at the Northwest
(westernmost) corner of Lot 71 of Pleasure Park Beach; thence Northeasterly on and along
the Northwesterly line of said Lot 71 a distance of 26V2 feet; thence Northwesterly on a line
parallel to the Northeasterly line of said Lot 71 to the Northwesterly line of the platted road
as dedicated in the plat of Pleasure Park Beach which is the point of beginning; thence
Southeasterly on said line parallel to the Northeasterly line of said Lot 71 to the
Southeasterly line of said platted road; thence Northeasterly on and along the
Southeasterly line of said platted road to the Northeast (northernmost) corner of Lot 68 of
Pleasure Park Beach; thence continuing on and along the Southeasterly line of said platted
road on an assumed bearing of North 71 degrees 20 minutes East a distance of 24.51 feet;
thence North 07 degrees 52 minutes 23 seconds West a distance of 20.36 feet to the
Northwesterly line of said platted road; thence Southwesterly on and along the
Northwesterly line of said platted road to the point of beginning and there terminating.
EXCEPTING THEREFROM THE FOLLOWING;
EXCEPTION NO. 1 - All that part of Lot 69 of Pleasure Park Beach and that part of
Government Lot 10, Section 4, Township 134 North, Range 39 West of the 5th Principal
Meridian, OtterTail County, Minnesota, described as follows; BEGINNING at the Northwest
Corner of said Lot 69 of Pleasure Park Beach; thence on an assumed bearing of North 16
degrees 56 minutes 54 seconds West, on and along the northerly extension of the west
line of said Lot 69, a distance of 350.83 feet to a point on the south right-of-way line of
OtterTail County Road No. 1; thence North 84 degrees 21 minutes 52 seconds East, on
and along said south right-of-way line of County Road No. 1, a distance of 63.35 feet;
thence South 09 degrees 36 minutes 01 seconds East a distance of 336.08 feet; thence
South 14 degrees 58 minutes 42 seconds East a distance of 4.51 feet to a point on the
north line of said Lot 69, said point being 18.99 feet easterly of the Northwest Corner of
said Lot 69; thence continuing South 14 degrees 58 minutes 42 seconds East a distance
of 104.37 feet; thence South 71 degrees 20 minutes 00 seconds West, parallel with the
north line of said Lot 69, a distance of 15.40 feet to a point on the west line of said Lot 69;
thence North 16 degrees 56 minutes 54 seconds West, on and along the said west line of
Lot 69, a distance of 104.20 feet to the point of beginning.
EXCEPTION NO. 2 - All that part of said platted road as dedicated in the plat of Pleasure
Park Beach, which lies westerly of the westerly line of the real property shown in above
described EXCEPTION NO. 1.
otter Tail County, Minnesota 1219924 2 of 3
1
Together with all hereditaments and appurtenances belonging thereto, subject to the
following exceptions:
NONE
Total Consideration is less than $500.00.
This deed is being filed to relinquish the life estate interest established in the Quit
Claim Deed filed for record as Document No. 1156843.
f PhyllisO. Burns
STATE OF MINNESOTA
COUNTY of;
The foregoing instrument was acknowledged before me on Aoril . 2019 by Phyllis
D. Bums, an unremarried widow, Grantor.
PAULSONI - mnvesota
g Convnission Expifes Ja.-,. 31,2020
««SS8e308eSK ■
H
l6tary Public
ii
My Commission Expires:
Tax Statements on the property described
In this instrument should be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
West Central Abstracting Co., Inc.
202 W. Junius
Fergus Falls^ MN 56537
No Change
otter Tail County, Minnesota 1219924 3 of 3
. t
David Maier - Variance Application Approved as Requested (6:43 p.m.)
David Maier, Lot 10 of Swan Lake Beach in Dane Prairie Township, request the following: I am requesting a variance from the 100
foot setback requirement specified in the Lakeshore Management Ordinance, Section III.4.1 wish to construct a 10 x 16 foot deck on a
single family home now under construction. The variance request is for a reduction in the setback requirement of 28 feet 9 inches on
the north side of the deck and a reduction of 33 feet 8 inches on the south side of the deck. All deck construction will occur behind the
buildout line granted to my property by Section V.2.E. of the Lakeshore Management Ordinance. Requesting to be 66’ from the
OHWL with deck at closest point. David Maier represented the application. The audience was polled with no one speaking for or
against the variance as requested. After consideration and discussion, Kenneth Vorderbruggen made a motion, seeond by Darren
Newville and unanimously carried to approve the variance as requested to construct a 10 x 16 foot deck 66’ from the Ordinary High
Water Level 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 unique shape of the lot. The variance as approved does not directly or
indirectly grant any other variances from proposed or future development.
Damon Fick-Tabled (6:51 p.m.)
Damon Fick, Lot 2 Block 1 of Gulliver’s Travels P' Addition in Edna Township, request the following: Setback Ordinance, Section
III; Dwelling varies from ordinance requirements and is located 9 ft. from road right of way on SE comer and 18 ft from road right-of-
way on SW comer. Garage location is 14 ft from road right-of-way on SE comer. Shoreland management ordinance. Section 4;
Screened porch and deck varies from ordinance requirements and is located 28 ft from bluff on NE comer and 21 ft from bluff on NW
comer. Sanitation Code, Section 80.2150; Drainfield will be located 12 ft from bluff. Required setback is 30 feet. The application was
represented by Damon Fick. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Darren Newville made a motion, second by Thomas Lee and unanimously carried to table with the
verbal permission of the applicant at this public hearing until the June 13, 2019 meeting of the Board of Adjustment so the applicant
can provide a new proposal. The new proposal needs to be received at Land & Resource Management by May 23, 2019 to re-notify
the public. It was noted that there were to many variances being requested and would like to see the proposed project be located 30’
from the top of the bluff.
Devin Gemelli - Variance Application Approved as Requested (7:05 p.m.)
Devin Gemelli, Wly 613’ of SLl of GL 2 Ex 5 Tracts of 500’ on Lk in Amor Township, request the following: Requesting Variance
to attach garage to the house. Garage foundation will be 24’ from Bluff. Proposed attached garage will tie into the existing roof
approx. 20’ from the bluff. April 18, 2019 -The audience was polled with no one speaking for or against the variance as requested. A
letter from Cindy Dean was read for the record. After consideration and discussion, Rick Wilson made a motion, second by Douglas
Larson and unanimously carried to table with verbal permission of the applicants at this public hearing until the May 9,2019 meeting
of the Board of Adjustment to allow the Board of Adjustment members to get clarification of the Statute in reference to an expansion
of a non-conforming structure. May 9, 2019 - The audience was polled with no one speaking for or against the variance as requested.
A letter from Kevin Schleger was read for the record. After consideration and discussion, Darren Newville made a motion, second by
Bruce Stone and unanimously carried to approve a variance to construct an attached garage 24’ from the bluff which will tie into the
existing roof 20’ from the bluff and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the
Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land &
Resource Management Department. The variance as approved does not directly or indirectly grant any other variances from proposed
or future development.
John & Donna Burns - Variance Application Approved as Requested (7:12 p.m.)
John & Donna Burns, Lots 68 & 69 and Vac Rd Adj of Pleasure Park & Pt Lot 10 S ofRd in OtterTail Township, request the
following: Current cabin is located in Shore Impact Zone and would like to add a 14’ x 22’ addition to existing cabin. Cabin and
proposed addition meets lot setbacks (more than 10’ from lot line) and will comply with sewer and well setbacks. Addition is set
behind building line of neighborhood and no closer to lake than existing structure. Current impervious in shore impact zone 1406 sf,
proposed 308 sf for a total of 1714 sf April 18, 2019 - The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Steve Schierer made a motion, second by Darren Newville and unanimously carried to
table with verbal permission of the applicants at this public hearing until the May 9, 2019 meeting of the Board of Adjustment to allow
the Board of Adjustment members to get clarification of the Statue in reference to an expansion of a non-conforming structure.
May 9, 2019Page I 2
John & Donna Burns - Variance Application Approved as Requested (7:12 p.m.) Continued
May 9, 2019 - After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried to
approve a variance to construct a 14’ x 22’ addition to the existing cabin 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 current location of the
existing cabin and the lowland which is located behind the house. The variance as approved does not directly or indirectly grant any
other variances from proposed or future development.
Break - The Board of Adjustment Members took a 12-minute break at 7:18 p.m. Reconvened at 7:30 p.m.
Darryl Bartholomay - Variance Application Approved as Requested (7:30 p.m.)
Darryl Bartholomay, Pt of GL 4 & Pt NWl/4 SWl/4 (27.20 Acres) in Edna Township, request the following: A WOAS to be located
54’-9” from north lot line. Required setback is 90’ from Lotline. Darryl Bartholomay represented the variance application.
The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion Thomas
Lee made a motion, second by Keimeth Vorderbruggen and unanimously carried to approve the variance as requested to construct a
WOAS 54’-9” from the north lot line 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 property has 145’ of water frontage and the unique
shape of the lot. The variance as approved does not directly or indirectly grant any other variances from proposed or future
development.
Larry & Julie Duttenhefer - Variance Application Approved as Requested (7:35 p.m.)
Larry & Julie Duttenhefer, Lot 6 Blk 1 of Tradewells Woodland’s in Sverdrup Township, request the following: 575 sq. ft. Addition to
existing structure. 51 ft. OHWL Construction, New Roof on existing structure. Request 49 ft. Variance from required 100 ft. setback.
New compliant septic system to be designed and installed. All parking areas are located on the North side of Little Narrows Loop.
The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion Steve
Schierer made a motion, second by Douglas Larson and unanimously carried to approve the variance as requested to construct a 575
sq. ft. addition to the existing structure and replace the roof on the existing structure 51 ft. from the Ordinary High Water Level and
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 has been placed on file with the Land & Resource Management Department.
The variance as approved does not directly or indirectly grant any other variances from proposed or future development. It was noted
that the addition will be no closer than the existing strueture.
Eric Hanson & Laiz Barrios - Denied (7:45 p.m.)
Eric Hanson & Laiz Barrios, Gov’t Lot 2 (39.10 Acres) in Dead Lake Township, request the following: Requesting a variance to build
home/shop being 51 ’ from OHWL at closest point, required setback is 200 ft. Also requesting impervious surface to be at 15,188 sq.
ft. in SIZ, allowable is 260. The audience was polled with no one speaking for or against the variance as requested. A letter from Lee
Mindemann opposing the proposal was read for the record as well as a letter from Gary P Miller, Star Lake Property Owner’s
Association (SLPOA) indicating that the request be denied. After consideration and discussion, Darren Newville made a motion,
second by Douglas Larson and unanimously carried to deny the variance request as no adequate hardship/practical difficulty unique to
the property has been shown that would allow for the granting of the variance as requested and 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 has been placed on file with the Land & Resource Management Department. The Board of Adjustment members
expressed concerns with wetland impact, 3’ vertical separation and proposed excessive amount of shore impact zone impervious
surface coverage which if granted would set a precedence. It was also stated that there appears to be a compliant location on the
property for a structure.
May 9, 2019Page I 3
1
AGENDA
Otter Tail County Board of Adjustment
Thursday, May 9, 20199mm\\
5:45 p.m. - Building open to the public
6:30 p.m. - Meeting Starts
6:30 p.m. - Call to Order and Approve April 18, 2019 Minutes
Parcel No.Physical AddressTownship/Section Lake/RiverName
29000990663000
29000990664000West Battle (56-239)41529 Ukkelberg Dr.Tim & Char Greene Girard/Sec. 32
2800099033600025418 Heilberger Ln.Gregg & Nancy Johnson Friberg/Sec. 10 Heilberger (56-695)
Swan (56-781)Dane Prairie/Sec. 29 17909 E. Swan Lake Dr.13000990347000David R. Maier
None - Loc Adj to
38747 Mallard Loop 20000990716000Little McDonald (56-328)Edna/Sec. 10Damon Pick
7:30 p.m.
37401 N. Lt. McDonald Dr.20000030012006Edna/Sec. 03 Kerbs (56-1636)Darryl Bartholomay
Larry & Julie Duttenhefer Sverdrup/Sec. 12 57000990327000East Lost (56-378) 33652 Lt. Narrows Loop
Star (56-385)
Unnamed (56-319)
Eric Hanson &
Laiz Barrios S. of 38720 Beaver Dam Rd. 14000070056000Dead Lake/Sec. 7
Previously Tabled Item Scheduled for Hearing at the April 18, 2019 Meeting -
02000230174000Otter Tail (56-242) 38860 Eldorado Bch Rd
38623 County Hwy 41
Amor/Sec. 23Devin Gemelli
56000090051001Star Lake/Sec. 9 Star (56-385)Dustin Dodd
46000990309000
46000990310000
46000040018006
Otter Tail/Sec. 4 Otter Tail (56-242) 42092 County Hwy 1John & Donna Burns
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
April 25, 2019
John & Donna Bums
PO Box 196
Fergus Falls MN 56537
y
Re; Tabled Variance Application
Dear Mr. & Mrs. Bums,
Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for
Thursday, May 9, 2019, in the Otter Tail County Commissioners’ Room of the Otter Tail County
Government Services Center located at 500-600 Fir Ave. W., Fergus Falls, MN.
Your variance request, which was originally tabled at the April 18, 2019 Board of Adjustment
meeting, has been rescheduled for consideration at the May 9, 2019 meeting. I have enclosed a
copy of the May 9, 2019 meeting agenda for your reference. Please pay attention to the
scheduled meeting time.
If the date and time for this meeting is not convenient for you, please notify the Land &
Resource Management office in writing prior to the May 9, 2019, meeting and I will have your
request rescheduled for the next available meeting of the Board of Adjustment. Should you
have any questions or require any additional information please feel free to contact me.
Sincerely,
Secretary
Board of Adjustment
(^) ottertailcountymn.us@OTTER TAIL COUNTY 15 AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
John & Donna Burns - Tabled (8:30 p.m.)
John & Donna Bums, Lots 68 & 69 and Vac Rd Adj of Pleasure Park & Pt Lot 10 S of Rd in Otter Tail Township, request the
following: Current cabin is located in Shore Impact Zone and would like to add a 14’ x 22’ addition to existing cabin. Cabin and
proposed addition meets lot setbacks (more than 10’ from lot line) and will comply with sewer and well setbacks. Addition is set
behind building line of neighborhood and no closer to lake than existing structure. Current impervious in shore impact zone 1406 sf,
proposed 308 sf for a total of 1714 sf The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Steve Schierer made a motion, second by Darren Newville and unanimously carried to table with verbal
permission of the applicants at this public hearing until the May 9, 2019 meeting of the Board of Adjustment to allow the Board of
Adjustment members to get clarification of the Statue in reference to an expansion of a non-conforming stmcture.
Robert & Sheila Christenson - Variance Approved for Roof Replacement and Variance for Deck Denied (8:33 p.m.)
Robert & Sheila Christenson, Survey Lots of GL 5 & 6 90’ on Lk (Called Lot #22) in Tordenskjold Township, request the following:
Proposing to replace the existing flat roof with a pitch roof being at the closest point 47’ from lake. Required setback is 100’ asking
for a 53’ Variance. Also proposing to add a 16’ x 10’ Deck to the lakeside of the cabin being approximately 42’ from the lake.
Required setback is 100’, asking for a 58’ Variance. Currently our Shore Impact Zone Impervious Surface coverage is at 378 Sq. Ft.,
by adding the deck we will be increasing our coverage to 538 Sq. Ft. Ordinance requirement is not to exceed 260 Sq. Ft. in the Shore
Impact Zone. The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Darren Newville made a motion, second by Kenneth Vorderbruggen with Steve Schierer voting no to approve the variance
for replacing the existing flat roof with a pitch roof on the existing dwelling and deny the request to construct a deck 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 roof replacement is maintenance.
Kvare Family Trust - Denied (7:39 p.m.)
Kvare Family Trust, Lot 4 Blk 1 of Kvare’s Beauty Bay East in Dunn Township, request the following: Request for house and deck to
be 5’ ft. from east property line, minimum requirement is 10’. Charles Kvare 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,
second by Douglas Larson and unanimously carried to deny the variance request as no adequate hardship/practical difficulty unique to
the property has been shown that would allow for the granting of the variance as requested 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 there is adequate
room to meet setbacks.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:57 p.m.
Prepared by:
Amy Busko, Secretary
The minutes were mailed on Friday, May 2, 2019, to the Otter Tail County Board of Adjustment. Official action regarding these
minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
April 29, 2019Page I 3
LAND & RESOURCE
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern;
John & Donna Burns
PO Box 196
Fergus Falls MN 56538
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 11, 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.-46000990309000, 46000990310000 & 46000040018006
Lots 68 8t 69 and Vac Rd Adj of Pleasure Park & Pt Lot 10 S of Rd...
Section 04, Township 134, Range 39
Township Name - Otter Tail
Otter Tail (56-242), General Development (GD)
42092 County Hwy 1, Ottertail MN 56571
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Current cabin is located in Shore Impact Zone and would like to add a 14' x 22' addition to existing
cabin. Cabin and proposed addition meets lot setbacks (more than 10' from lot line) and will comply
with sewer and well setbacks. Addition is set behind building line of neighborhood and no closer to
lake than existing structure. Current impervious in shore impact zone 1406 sf, proposed 308 sf for a
total of 1714 sf.
March 28, 2019 Awy Busko
Board of Adjustment Secretary
ottertailcountymri.us@OTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
LIVE YOUR best life HERE.
II!if It A-1i
SCALE DRAWING ftPRM11r
o'io^pCiC^^ '^6oa>^fa^lOoe::i^ Y£Ciy‘i0C^/X3/^ii>0&
^ Tax Parcel Number(s) !
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
I
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1 u.Ir■t I IIIt~ I iI : 1 rDate I{' 1Signature of Property Ownerr 1,.l,iI|_4BK —1042016 360.800-• -Victor-Uindeen^Co:. Printers - '- Fergus Foils. MN ..'-1-800-346-48704.t i t1:1 I!
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Existmg Proposed Existing Proposed
Ft^Ft^Ft^Ft
Dwelling Deck(s)
-i -'Attached Garage Patio(s)
Detached Garage Sidewalk(s)
storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
OG'blV'TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Total Buildings Ft
0.1Job 100+X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^
O.tS 100+X
Impervious Surface Calculation Worksheet 04-11-2016
Date ^Signature:
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Def # 76. Shore Impact Zone fSIZ):
W Existing Ft^Proposed Ft^mmBuilding(s)m mDeck(s)
Patio(s)
MSidewalk(s)
mLanding(s)
mDriveway(s)
Parking Area(s)
mRetaining Wall(s)
aLandscaping
(Plastic Barrier)
mMiscelianeous
m/YOS
1mTOTAL
Si M
m
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft^ Ft^Ft^
Maximum Allowable 260 Ft^
wm mmm nmt
Impervious Surface Calculation SIZ 04-11-2016
Signature:.Date:
Untitled
Parcel Number: 46000990309000
Section-04 Township-134 Range-039
PLEASURE PARK BEACH
LOT 68 & TR IN LOT 67 ALONG W LN BEING 24.51' IN REAR & 0'
LIFE
ESTATE TO PHYLLIS BURNS
IN FRONT & VAC RD ADD
Parcel Number: 46000990310000
Section-04 Township-134 Range-039
PLEASURE PARK BEACH
LOT 69 & VAC RD ADD EX TR LIFE ESTATE TO PHYLLIS BURNS
Parcel Number: 46000040018006
Section-04 Township-134 Range-039
PT LOT 10 S OF RD & NLY OF
LOTS 68 & 69 PLEASURE PARK BEACH & PART GL 10 COM NW COR LOT 67 PLEASURE PARK BEACH
N
71 DEG E 24.51' N 7 DEG W 20.36' TO BG N 7 DEG W 99.49' N 9 DEG W 195' TO S R/W
CSAH#1
S 84 DEG W 61.36' S 15 DEG E
Page 1
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISJON
ottertailcountvmn^usOTTER TflIIooaPTT'aiPsifOTi
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 7^^ & MARCH 37^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # y(>ocoG^oicp,o^/^^<?^3;^ig>;^^^^^^^described
Application(s) datedon my
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).
1DATED PROPERTY OWNER
LR: Forms: Waiver 60 Day Rule 02-21-2017
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL )
1, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 28th day of March 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Property Owner Township Clerk
Greg Swanberg, Clerk
Otter Tail Township
41701 295*^' St.
Battle Lake MN 56515
Lake Association
Otter Tail Lake Association
OTLPOA
PO Box 21
Battle Lake MN 56515
John & Donna Burns
PO Box 196
Fergus Falls MN 56538
City Clerk (if located within 2 miles of a city) City of Ottertail, Elaine Hanson, Clerk, PO Box 245, Ottertail MN 56571
(0 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:HI
Dewi,;ar Perham):
lonald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Little
Littl^inCT^Big Pine:
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
^ulie 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 St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Planning Commission Member: Rick Wilson, 609 Lakeside Dr., 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
/FileDated: March 28, 2019
1ExtraAmy Busko, Secretary
Otter Tail County Board of Adjustment 5'BOA Members__
PC Member____
Envelopes /4?
TOTAL NOTICES TO PRINT
Added to Agenda
/
imy Busko
By:
tL
Print out Findings of Fact Sheet
Newspapers .jcrurnaJ.
l:\BOA\Affidavit Original 02-2019.docx
Buffer Parcels
Addr 1 Addr2 Citv St ZiDParcel No Name 1 Name 2
Ottertail MN 56571940446000040016000 Donald J Heisler Irrev Tst 42263 County Highway 1
Ottertail MN 56571 9412Donovan J & Jimmie A Johnson46000040016001 33073 Moose DrL
Perham MN 56573 902044780 Plentywood Rd46000040016002 Steve Andrie
Sartell MN 56377 199046000040018001 Otter Tail Lake Holdings LLC Attn Mitch Rengel 10 8th Ave 5
46000040018004 Joel & Carolyn Beyer Kent MN 56553 95072273 135th Ave
Horace ND 58047 471346000040018005 David A & Michelle D Stover 6904 Maple Ln
329 Garfield Ave SW Wadena MN 56482 173646000040018006 Phyllis D Burns
Wahpeton ND 58075 3303Ronald E & Jeanine Cizek 1621 6th St N46000040018007
Ottertail MN 565719405Farren W Morical46000040018009 33053 Harvest Ave
Edina MN 55439 262046000040018011 Edwin F 8t Cynthia J Janssen 5708 Long Brake Tri
46000040018012 Scott 8i Jeanette Simdorn Ottertail MN 56571 945642184 County Highway 1
Ottertail MN 56571 945646000040018024 Jeanette Simdorn 42184 County Highway 1
46000040018026 Dohald-& Claire Althoff.Tsts Mooreton ND 58061 94767595 County Road.l
c ■■ -I'
Ottertail MN 56571 945646000040018029 Scott D & Deeann Boll 42166 County Highway 1
Eagan MN 55123 183646000040018030 Janet G Torbert Tst 1306 Wilderness Run Dr
Sioux Falls SD 57108 150746000040018031 Michael B & Amy S Olson 3113 Miramar Cir W
C/o Sharon J Weber46000040018035 Shirley Mae Truog 22405 Surf Dr VassarKS 66543 9136
Horace ND 58047 471346000040018036 David A & Michelle D Stover 6904 Maple Ln
Perham MN 56573 9020Steve Andrie 44780 Plentywood Rd46000050031001
Wahpeton ND 58075 3303Ronald E & Jeanine Cizek 1621 6th St N46000050031003
46000990298000 Jeanette Simdorn Ottertail MN 56571 945642184 County Highway 1
Ottertail MN 56571 945646000990299000 Scott & Jeanette Simdorn 42184 County Highway 1
Ottertail MN 56571 945646000990302000 Scott D & Deeann Boll 42166 County Highway 1
Page 1 of 2Mondav. March 25. 2019
Addr 2 Citv St ZipAddr 1Parcel No Name 2Name 1
Edina MN 55439 26205708 Long Brake TrI46000990303000 Edwin F & Cynthia J Janssen
Edina MN 55439 26205708 Long Brake TrIEdwin F & Cynthia J Janssen46000990304000
Sarteli MN 56377 1990i 46000990305000 Otter Tail Lake Holdings LLC Attn Mitch Rengei 10 8th Ave S j
Sarteli MN 56377 199010 8th Ave S46000990306000 Otter Tail Lake Holdings LLC Attn Mitch Rengei
^ 46000990307000 Kent MN 56553 9507Joel & Carolyn Beyer 2273 135th Ave
!
Kent MN 56553 95072273 135th Ave46000990308000 Joel & Carolyn Beyer
Wadena MN 56482 1736329 Garfield Ave SW46000990309000 Phyllis D BurnsI
Wadena MN 56482 1736329 Garfield Ave SW46000990310000 Phyllis D Burns
Mooreton ND 58061 947646000990311000 Donaid & Claire Althoff Tsts 7595 County Road 1
Eagan MN 55123 18361306 Wiiderness Run Dr46000990312000 Janet G Torbert Tst
I
i 46000991080000 Scott D & Deeann Boll Ottertail MN 56571 945642166 County Highway 1
Ottertail MN 56571 945642184 County Highway 146000991081000 Scott & Jeanette Simdorn
00I 46000991083000 ToThePubiic
Page 2 of 2Monday. March 25, 2019
Buffer Mail
City, State, ZipAddress i Address 2Name
Perham MN 56573 9020Steve Andrie 44780 Plentywood Rd
Joel & Carolyn Beyer 2273 135th Ave Kent MN 56553 9507
Ottertail MN 56571 9456Scott D & Deeann Boll 42166 County Highway 1
329 Garfield Ave SW Wadena MN 56482 1736Phyllis D Burns
Wahpeton ND 58075 3303Ronald E & Jeanine Cizek 1621 6th St N
Donald & Claire Althoff Tsts Mooreton ND 58061 94767595 County Road 1
Ottertail MN 56571 940442263 County Highway 1 ,Donald J Heisler Irrev Tst
Eagan MN 55123 1836Janet G Torbert Tst 1306 Wilderness Run Dr
Edina MN 55439 2620Edwin F & Cynthia J Janssen 5708 Long Brake TrI
Ottertail MN 56571 9412Donovan J & Jimmie A Johnson 33073 Moose Dr
Ottertail MN 56571 9405Farren W Morical 33053 Harvest Ave
Michael B & Amy S Olson Sioux Falls SD 57108 15073113 Miramar CirW
Sartell MN 56377 1990Otter Tail Lake Holdings LLC 10 8th Ave S
Ottertail MN 56571 9456Jeanette Simdorn 42184 County Highway 1
Ottertail MN 56571 9456Scott & Jeanette Simdorn 42184 County Highway 1
Horace ND 58047 4713David A & Michelle D Stover 6904 Maple Ln
Vassar KS 66543 9136Shirley Mae Truog 22405 Surf Dr
Page 1 of 1Monday, March 25, 2019