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Home My WebLink About16000990359000_Variances_09-14-2020Date Stamp 1249115RECEIVED 202D . resource CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED OH 12/02/2020 03:02 PM !>• ■ I AE&R Initial ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 2 APPLICATION FOR VARIANCE 'ficate rec D: H'■;C' COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us Application Fee 0l\drt> -COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date ^ DAYTIME PHONE ~7d?; /PROPERTY OWNER t * Ay MAILING ADDRESS F -syii KlVU.rlidi^lyLf-tAc 9^Coryt'/. eLot^ ^E-MAIL ADDRESS LAKE CLASS ^ 0LAKE NUMBER^£4r£ii LAKE NAME ■V TOWNSHIP NAMETOWNSHIP iTiC I (a “ OOO ' ~ ^ t{h ~ *OnO ~ RANGESECTION •3'Z E-911 ADDRESS PARCEL NUMBER cr6rzLp aSHO- OOP LEGAL DESCRIPTION Lo^s 5*9 TYPE OF VARIANCE REQUESTED (Please Check) WECSStructure Setback V Structure Size Cluster Misc.SubdivisionSewage System 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: ^ ASECTION OF ORDINANCE: VARIANCE REQUEST: • X-c*v.<7v<o ^3 '4o -J'cfoi-fr-4» S €- 0*^ 0 . 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. DATE' SIGNATURE (^P^ROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY /)eJvk^ t^-co 7-ooiOrHDate Of Board of Adjustment Hearing Motion Time Paul & Mona Lybeck - Variance Request Approved as Requested (7:35 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and carried by roll call vote to approve the variance request to construct a new dwelling and attached garage being 43’ from the ordinary high water level. 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. IVlW-fallO Chairman/Otter Tail County Board of Adjustment thiMUS l-u Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No 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 Robin Hanson & Michael Murphy - Continued Chris LeClair recused himself from this application. Robin Hanson & Michael Murphy, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Jack Rosenthal made a motion, seconded by Darren Newville and carried by roll call vote to approve the variance request to create 3 lots from parcel no. 12000300198008 which will consist of Lot 1 - Being approximately 39,568 sq. ft. will be permanently attached to parcel no. 12000300198007. Lot 2 - Being approximately 58,316 sq. ft. to be a stand alone single-family residential lot. Lot 3 - Being approximately 120,477 sq. ft. to be permanently attached to parcel no. 12000990296000 for non-residential purposes. 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. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Paul «& Mona Lybeck - Variance Request Approved as Requested (7:35 p.m.) Paul & Mona Lybeck, Lots 5 & 6 of Jaeger’s Silent Lakes Beach, West Silent Lake (56-519), Dora Township request the following: Remove & Replace existing structures with new dwelling & attached garage. Structure to be no closer to OHWL than existing @ 43’ from OHWL (setback verified by Land & Resource). New proposed to be behind the building line. Paul & Mona Lybeck, property' owners, represented the variance application via GoToMeeting. The audience was polled with Kurt Dilly, Morton Buildings indicated that they are removing a structure in the shore impact zone. After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and carried by roll call vote to approve the variance request to construct a new dwelling and attached garage being 43’ from the ordinary' high water level. 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 w hich have been placed on file with the Land & Resource Management Department. Roll call vote as follow s: Board of Ad justment YEA ABSENTNAY ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Jack Rosenthal - PC Member X X Scott Neumann - Variance Request Approved as Requested (7:39 p.m.) Scott Neumann , Pt of Lot 23 & 24 of The Little Pine Beach, Little Pine Lake (56-142), Gorman Township request the following: Proposing to replace the existing 22’ x 22’ dilapidated attached garage w ith a new 26’ x 30’ attached garage extending four feet towards the road right of way and being approximately 5’ from the road right of w ay and no closer to the lake then the existing attached garage. Page I 5 Board of Adjustment October 8. 2020 STAFF REPORT Paul & Mona LybeckAPPLICANT: Remove and replace existing structures w/new dwelling and attached garage. Structure to be no closer to OHWL than existing @43' from OHWL. New proposed to be behind building line. APPLICATION: 40443 Co. Hwy 41, Dent 16000000539000LOCATION: LAKE NAME/NUMBER/CLASS: West Silent, 56-519, Recreational Development STAFF WHO COMPLETED REPORT: Chris LeClair 4^ Otter Tail County WiVisit the County Website i X Q.40443 CO HWY 41 I ’r zA search results for 40443 C m Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION IV, SUSP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 4.Nonconformities; certain classes of property. This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Site visit September 30,2020 No comments ............ '/'1‘SS ‘iSfil " ’5^" '■r. / .>•’'>■>■■5.-'^..^ A- •'i-"--^a^ass»a3 T^£L,m.:' 'tv; V * s:-a r;'y- V. '.i S5 mm O S m•'S3 .'•;>1M»':St fc.liLf£4 ‘vj '1^1 ^il 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: Paul & Mona Lybeck 2506 E. Country Club Dr. Fargo ND 58103 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, October 8, 2020 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: Parcel No. - 16000990539000 & 16000990540000 Lots 5 & 6 - Jaeger's Silent Lakes Beach Section 32, Township 136, Range 41 Township Name - Dora West Silent (56-519), Recreational Development (RD) 40443 County Hwy 41, Dent MN 56528 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: Remove & Replace existing structures with new dwelling & attached garage. Structure to be no closer to OHWL than existing @ 43' from OHWL (setback verified by Land & Resource). New proposed to be behind the building line. Amy Busko Board of Adjustment Secretary September 24, 2020 ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 AT otter Tail County Web Map http://www.co. o tter- tail. mn. us N A* ( EAST SILENTWEST SILENT WEST SlUi\T LAKE EAST SILEXT LAKE 56051"00 i :TSLci0OOy i »i \1W i sejOnly.iAccuracy.is not guaranteed.!0.C06 0 003 0 0 006 tTM IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other impervious Surface Existing Proposed Existing Proposed fP Ft^fP Ft^ Dwelling Deck(s) /tf z-ffAttached 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 TOTAL BUILDINGS 5’2-fTOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft^Total Buildings d . nsiI'B.CkoO /7.^7100+-T-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^ 3 ^3-2^100/ ^./Lt90+-7-X Impervious Surface Calculation Worksheet 04-11-2016 Signature: ,*ai//*i/-zjPzjoDate SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify ail existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Def # 76. Shore Impact Zone iSIZ):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. Existing Ft^Proposed Ft^ Building(s)2 3*-/!0 Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Batiier) > Miscellaneous (T® 3 1^TOTAL Total Existing Proposed Total Ft^ Ft^Ft^Shore Impact Zone Impervious Surface Maximum Allowable 260 Ft^m SHITo ^J m 2^l£>-2.10im Impervious Surface Calculation SIZ 04-11-2016 ^ - ^-7 f ZOZ,0Signature:Date: 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 24‘^ day of September, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake AssociationTownship ClerkProperty Owner Michael Kratzke, Clerk NA Dora Township 45494 County Highway 35 Vergas MN 56587 Paul & Mona Lybeck 2506 E. County Club Dr. Fargo ND 58103-5733 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 LittleT^cHronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little P^S^Big Pine; Pelic^ FishsBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 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: Jack Rosenthal, PO Box 266, Ottertail MN 56571 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: September 24, 2020 Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____ I I Added to Agenda Map |~~] Print out Findings of Fact Sheet Newspapers FFDJ & PR Press_____ 5Amy Busko, Secretary Otter Tail County Board of Adjustment A 1 Minutes/By:14Amy Busko 26 l:\BOA\October BOAtLybeck Affidavit (519) 10-08-20.docx Buffer Parcels Citv St Zip Golden Valley MN 55422 3626 Parcel No AddrZAddr 1Name 1 Name 2 16000320180000 Allen D & Andra L Barnard 2441 Kyle Ave N 16000320180001 Michael J Miller Et Al 40511 County Highway 41 Dent MN 56528 9024 Minot ND 58703 167116000320180002 Larry J Haug 2513 Cresent Dr Fergus Falls MN 56537 136416000320182000 County Of Otter Tail Attn Co Auditor 510 Fir Ave \N Hitterdal MN 56552 979416000990535000 Dwight & Mary Iverson Tsts 29791 80th Ave N Chanhassen MN 55317 090516000990537000 Silent Shores LLC 600 78th St W Ste 106 PO Box 905 Rochester MN 55901 253816000990538000 Carpro West Silent LLLP 1519 7th Ave NW 16000990539000 Paul R Lybeck 2506 E Country Club Dr S Fargo ND 58103 5733 16000990540000 Paul R Lybeck Fargo ND 58103 57332506 E Country Club Dr S Oswego IL 60543 822516000990541000 Msgt Marlyn G Beiningen 755 Churchill Ln Jason & Sandra Jaeger Fargo ND 58102 2161160009905420002562 Willow RdN 16000990543000 Chad D & Mamie J Slager 40660 County Highway 41 Dent MN 56528 9024 Moorhead MN 56560 6800Bradley J & Karen E Feir16000990544000 418 Clearview Ct Saint Paul MN 55155 404516000990545000 State Of Minnesota Attn Tax Specialist PO Box 45 Dent MN 56528 902516000990547000 Roger L & Kathleen Johnson 43345 Bluebell Rd Page 1 of 1Wednesday. Seotember 23. 2020 Buffer Mail city, State, Zip Golden Valley MN 55422 3626 Address i Address 2Name Allen D & Andra L Barnard 2441 Kyle Ave N Msgt Marlyn G Beiningen 755 Churchill Ln Oswego IL 60543 8225 Carpro West Silent LLLP 1519 7th Ave NW Rochester MN 55901 2538 County Of Otter Tail Fergus Falls MN 56537 1364510 Fir Ave W Dwight & Mary Iverson Tsts 29791 80th Ave N Hitterdal MN 56552 9794 Bradley J & Karen E Feir 418 Clearview Ct Moorhead MN 56560 6800 Larry J Haug 2513 Cresent Dr Minot ND 58703 1671 Jason & Sandra Jaeger 2562 Willow Rd N Fargo ND 58102 2161 Roger L & Kathleen Johnson 43345 Bluebell Rd DentMN 56528 9025 Paul R Lybeck 2506 E Country Club Dr S Fargo ND 58103 5733 Michael J Miller Et Al 40511 County Highway 41 Dent MN 56528 9024 Silent Shores LLC 600 78th St W Ste 106 Chanhassen MN 55317 0905PO Box 905 Chad D & Mamie J Slager 40660 County Highway 41 Dent MN 56528 9024 State Of Minnesota Saint Paul MN 55155 4045PO Box 45 Wednesday, September 23, 2020 Page 1 of 1