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Home My WebLink About16000990224000_Variances_01-09-2020Variances 2 Barcode 128 V^-lolO 1232342 Date Stamp CAROL SCHNALTZ OTTER TAIL COUNTY’ RECORDER.-’REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 01/15/2020 01;57 PM FEES 46.00 PAGES 4 WELL CERTIFICATE REC'Ds H IFCEIVED NOV 2 5 20a AND a RESOURCE \ y \-DT--! K ':;3" A- 10 >1 MailL&R Initial CO. THE 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.ottertailcountymn.usOTTER TflII Application Fee Receipt Number \zj7ch^/Accepted by Date Property Owner Name i5'7iDAddressojOfirH vA/oo r:, f o P W T“piijiv]/;u fl 1City +f/\ f\fState Zip Daytime Phone fcia - o X 'x~) (o s o c7 15 G t . nr\ I K E ^ U ^ ^ ^C oEmail Parcel Information Lake Class ^ OGT K 1^Lake NameLake No [ipOOD^^I o^^HnoDParcel Number(s) Parcel Number(s)'JM^I3? ueT \b /VifelE's /4cK.es. SectionTownship Name Legal Description rO o 1^ -r K (7. o b. iG -v O iZ_> u C Q £ AJ T An/VPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback ry]SubdivisionStructure Size Sewage System MiscellaneousClusterWECS 1 RECEIVED NOV 2 5 20i3 --------------------- - -SOUBG£SPECIFY HOW YOUR PROJCT 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. ^ H 0 fV C' Q A ^ (j 1= > ’ C \.<^ a 6l I'; /V', ^ ^ A IC t S d\0 Currently I have an existing cabin setback approximately 1.3' from the lotline on the East side and approximately 2’ from the lotline on the West side of the lot. We are proposing to replace the existing cabin being 9 ft from the west and east lotlines. Requesting a 1' variance. Required setback is 10'. We are in the process of acquiring an additional 10' from the property to the east of us which will give 60' wide lot. Currently our lot is 50' wide. Our lot is a substandard lot of record created February 2, 1949. The proposed structure will be located behind the building line. ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE ANU/UK wtcs ukuii^imNCE OF OTTER TAIL COUNTY. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDIh US a T I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMP^T REGARDING THIS MATTER. signatuTTe of property owner/agent for ownerz DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) OFFICE USE ONLY Date of Board of Adjustment Hearing ^lx t()LO U pop 10-1Time Motion Michael & Lori Georgen - Approved Variance Request with Condition (6:38 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Rick Wilson & Douglas Larson and unanimously carried to approve the variance request to construct a new cabin being 9 feet from the east and west lotlines with the condition the property owner needs to acquire and record the additional 10 feet of property to the east of their property. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. 2 Chairman/otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management \lliU0ZVCopy of Application mailed/emailed to Applicant, County Assessor and MN DNR L&R Official/bate' cl 01122019-001 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCRTflIloovsTT'aiatitoTi 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:Michael & Lori Georgen Address/Parcel No. 32116 North Rosewood Dr. / 16000990224000 Requested Variance: Currently I have an existing cabin setback approximately 1.3' from the lotline on the East side and approximately 2' from the lotline on the West side of the lot. We are proposing to replace the existing cabin being 9 ft from the west and east lotlines. Requesting a 1' variance. Required setback is 10'. We are in the process of acquiring an additional 10' from the property to the east of us which will give us a 60' wide lot. Currently our lot is 50' wide. Our lot is a substandard lot of record created February 2,1949. The proposed structure will be located behind the building line. WECS Dock & Riparian Use Setback Ord.Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. Ordinance Section Citation: Setback requirements. Lotline 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 existing cabin is l'-3" off the lotline - Proposing to improve the situation by acquiring an additional 10' and placing a new structure 9' off of the east and west lotlines. Otter Tail County Board of Adjustment - Variance Question Findingsif- 1. Is the variance in harmony with the generai purposes and intent of the officiai controi? (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 proposal is an improvement to the property and by gaining the additional 10' will bring the proposed structure closer to compliance. 2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai controi? (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: There are similar structures and land uses in the neighborhood. 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: 3. This structure was there before he purchases the property which is an existing non-conforming structure. Wiii the issuance of the variance maintain the essentiai character of the iocaiity? (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 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: 4. There are similar structures in the neighborhood with similar setbacks. 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: '.,5. The proposed improvements are to an existing non-conforming structure which does not meet the lotline setbacks. The proposal is to improve the non-conforming setbacks. 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 DATED:January 9. 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. LAND & RESOURCE MANAGEMENT Mmi OTTER TAIL Government Services Center 540West Fir Avenue Fergus Falis, 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: Michael & Lori Goergen 15710 52"*' Ave N Plymouth MN 55446 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, January 9, 2020 at 6:00 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 pubiic hearing. Written correspondence will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, piease iisten to the iocal Fergus Faiis 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: - Parcel No. -16000990224000 Lot 13 - Abie's Acres Section 35, Township 136, Range 41 Township Name - Dora Star (56-385), General Development (GD) 32116 North Rosewood Dr., Dent MN 56528 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the foilowing: Currently I have an existing cabin setback approximately 1.3' from the lotline on the East side and approximately 2' from the lotline on the West side of the lot. We are proposing to replace the’existing cabin being 9 ft from the west and east lotlines. Requesting a 1' variance. Required setback is 10'. We are in the process of acquiring an additional 10' from the property to the east of us which will give us a 60' wide lot. Currently our lot is 50' wide. Our lot is a substandard lot of record created February 2, 1949. The projDosed structure will be located behind the building line. December 24, 2019 Aniy Busko Board of Adjustment Secretary ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 RECEIVED NOV 2 5 2019 LAND & RESOURCELand and Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 Dear Board of Adjustments of Otter Tail County: I am requesting a variance from Otter Tail County Shoreland Management Ordinance: Section III District Requirements: 4 Minimum Structure Setback Requirements; Lakes and Rivers. I have an existing cabin as outlined on the enclosed illustrative lot drawing which is set back approximately 1.3' from the lot line on the east side of the cabin and approximately 2.0' from the lot line on the west side. I am requesting an improvement to 9.0' setbacks on both the east and west side for a new permanent home to be constructed. Approving the variance will do the following: Materially improve the existing condition and reduce the potential hazards of being within 1.3' of my adjacent neighbors cabin Allow the builder to go wider on the lake side, versus deeper to the road (ex. design A 42 X 30 vs design B 32 X 44), which will dramatically lower the architectural design and height of the roof. The roof can be designed and lowered by nearly 3' thus being more consistent with the surrounding cabins Allow the construction of a permanent home and increase the surrounding property values and the county tax basis I appreciate the consideration of the Board. Sincerely, Mike and Lori Goergen 15710 52"'' Ave N Plymouth, MN 55446 Otter Tail County Legal Description 5ifl Name; GUYERTST PIN 16000990221000 ACRES 0.52 DISr_.CD 1,602.00 DISTDESC DORA/SD549/HOSPTL/COHRA Tir-DtST SECTION 35 I.EGl'WN LEGRNG 136 041 PLAT„D£SC ABIE'S ACRES MSORTNM GUYERTST MNAMEl GUYERTST MNAMl-2 MADDR1 32104 ROSEWOOD DR N MADDR2 MADDR3 MSTATE MN MZ1P5 56528 MZIP4 9073 MCNTRY PHYADDR1 32104 ROSEWOOD DR N DESCl ABIE'S ACRES DESC2 LOTS 10,11 & 12 GUYERTSTPSORTNM PNAME1 GUYERTST PNAME2 PADDR1 32104 ROSEWOOD DR N PAODR2 PADDR3 PCIl"/DENT PSTa\TE MN PCNTRY PZ1P5 56528 PZ1P4 9073 DOCNUM SURVEYNUM Zoom to A Existing Lot and Structures Proposed Lot and Structures Impervious Calculation — /^( I O 25% Umit20% Umit 8,909 1,428 2,2278,909 1,428 1,782 Okay Lot:Lot: Building: Driveway: Porch: Total: Building: 687 64 2,179 Okay n>t;. Impervious Calculation hWo\/\fM Uo^/o 20% Limit 25% Limit hA(yt J8,9091,7828,909 Lot:Lot: Building: 1,428“ =Okay Building; 1,428 Driveway: 687 Porch:64 2,179 2T OkayTotal: J I appreciate the consideration of the Board. Sincerely Mike and Lori Gwsrgen 15710 52"'’ Ave N Plymouth, MN 55446 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USOTTCRTnil 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 1^^ & MARCH 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 #116000990224000 ]), described on my I I Conditional Use/Interim Use Permit I I Application Preliminary Plat Application Q Variance Application Dated ________ Dated _________ Dated 111/20/2019 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 ] 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). Q 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). In lio{ ^ ___=ERl5r OWN'4 PROPERDATED OWNER LR: Online Pemitting Forms 2016: Waiver 60 Day Rule Finable 07-26-2016 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 day of December, 2019 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 Star Lake Association PO Box 155 Dent MN 56528 Gregory Meyer, Clerk Dora Township 33111 State Hwy 108 Dent MN 56528 Michael & Lori Goergen 15710 52"*^ Ave N Plymouth MN 55446 City Clerk (if located within 2 miles of a city) NA n Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Big McDonald; Devils (N^ Perham):Little'^^onald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 e I^^^Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 c^, FIstVBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 ID Big Pine:Little Pi Pelic South Turtle Lake: 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: Kpn VnrHprhr"g^''*i r~"niinty l-liin|( fjc; Uonninr^ MM .nfi.nFil -R. StephetvSchiGref 32117 26Qi*^ Ave, EfharcHglN~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: Rick Wilson - 609 W 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 IFileDated: December 24, 2019 Extra BOA Members___^ PC Member Amy Busko, Secretary Otter Tail County Board of Adjustment I MinuteshLBy:Envelopes TOTAL NOTICES TO PRINT / Amy Busko I to Agenda ^3 Map h/I Print out Findings of Fact Sheet Newspapers l:\BOA\2020 Affidavits\Georgen 01-09-20.docx Buffer Parcels Addr 2Parcel No Addr 1 Citv St ZioName 1 Name 2 32101 Rosewood Dr N Dent MN 56528 907316000350199000 Area 50 LLC Attn Patrick Honer 16000350199001 Ronald P & Jean A Johnson Ostego MN 55362 45419317 Kaeding Way NE 16000990213000 Arlen R Kolstad 1st La Belle FL 33935 96322592 Fort Denaud Rd Fargo ND 58102 275416000990214000 Ruth Kapaun 422 13th Ave N 16000990215000 Ronald P & Jean A Johnson 9317 Kaeding Way NE Ostego MN 55362 4541 Fargo ND 58102 223916000990216000Penny Gunderson Et Al 1829 Broadway N Fargo ND 58102 223916000990217000 Penny Gunderson Et Al 1829 Broadway N Paul & Catherine M Snyder Maple Grove MN 5531141211600099021800015088 65th PI N 1734 Stanford Ave Saint Paul MN 55105 204016000990219000 Duane R Smith Sauk Rapids MN 56379 2823I 16000990220000 510 15th St NAnita S SteeringI DentMN 56528 907316000990221000 GuyerTst 32104 Rosewood Dr N Minneapolis MN 55446 450716000990224000Michael & Lori Goergen 15710 52nd Ave N 16000990225000 Timothy G & Amy Lindgren Tst 32737 Rosewood TrI E DentMN 56528 9062 16000990226000 Mike & Darcy Cribb DentMN 56528 901132128 Rosewood Dr N Brooklyn Park MN 55445 3206Duane W & Sara M Dobko16000990227000 6517 Nedderson Cir Fridley MN 55432 322316000990228000 Thomas C & Melodie Irwin 7330 Tempo Ter NE 7330 Tempo ter NEThomas C & Melodie Irwin Fridley MN 55432 322316000990229000 Friday, December 20. 2019 Page 1 of 1 Buffer Mail City, State, ZipAddress i Address 2Name Dent MN 56528 907332101 Rosewood Dr NArea 50 LLC La Belle FL 33935 9632Arlen R Kolstad Tst 2592 Fort Denaud Rd 32128 Rosewood Dr NMike & Darcy Cribb Dent MN 56528 9011 Duane W & Sara M Dobko Brooklyn Park MN 55445 32066517 Nedderson Cir Minneapolis MN 55446 4507 ;Michael & Lori Goergen 15710 52nd Ave N Dent MN 56528 9073Guyer Tst 32104 Rosewood Dr N Fridley MN 55432 3223Thomas C & Melodie Irwin 7330 Tempo Ter NE Ronald P & Jean A Johnson 9317 Kaeding Way NE OstegoMN 55362 4541 Ruth Kapaun 422 13th Ave N Fargo ND 58102 2754 Penny Gunderson Et Al 1829 Broadway N Fargo ND 58102 2239 Saint Paul MN-55105"20401734 Stanford AveDuane R Smith Maple Grove MN 55311 4121Paul & Catherine M Snyder 15088 65th PI N Anita S Stoering Sauk Rapids MN 56379 2823510 15th St N Timothy G & Amy Lindgren Tst Dent MN 56528 906232737 Rosewood TrI E Friday, December 20, 2019 Page 1 of 1