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HomeMy WebLinkAbout47000990354000_Variances_06-09-2022_*^(p-R-ZOZZ/ 1278162Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 06/15/2022 09:46 AN FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D; N '''* U-l (>• r-_t-J X. Cl L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Fails MN 56537 218-998-8095 www.co.otter-tail.mn.us iOTTER TRII ♦ $cc ■ OOApplication Fee Receipt Number - o\{j> Accepted by 2LZ_Date Property Owner Name Joel William and Lori Ann Determan Address 16862 Dakota Street NW City Andover State MN Zip 55304 Daytime Phone 612-750-6746 Email lorideterman@gmail.com Parcel Information Lake No Lake Name Lake Class qq141Rush Lake Parcel Number(s)47000990354000 Parcel Number(s) l31Township Name Legal Description Otto Section Section 31, Township 135, Range 038, Belle Acres Lot 6 and West 1/2 of Lot 7 Physical Address 46059 Boys Shore Road, Ottertail, MN TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback □0 □ □ Structure Size SubdivisionSewage System □ □□Cluster WECS Miscellaneous Version Date; 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:_______ Proposing to construct a four season porch addition to existing cabin with a set back varying from 5'2" to 5'6" from east lot line, and attached garage with a set back varying from 10T' to 97" from the west lot line. Shoreline Management Ordinance Section 6 Sub. 4D I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time Motion Joel & Lori Ann Determan -Variance Application Approved as Requested (6:02 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and carried to approve the request as presented to construct a 4-season porch addition being 5’2” at the closest point to the east lotline and construct an attached garage being 9’7” from the west lotline. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes whicli have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is June 9, 2027. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management XYes No Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 m Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflil e o ■ ■ T T ■ I • ■ f I e T ■ 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:Joel Williams & Lori Ann Determan Address/Parcel No. 46059 Boys Shore Road / 47000990354000 Requested Variance: Proposing to construct a four season porch addition to existing cabin with a setback varying from 5'2" to 5'6" from east lot line, and attached garage with a setback varying from lO'l" to 9'7" from the west lot line. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4 D 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 current cabin is a seasonal cabin and want to make it a year-round home with an attached garage, the lotlines are not parallel with the house. 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). 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 addition does not encroach any further 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). 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 as noted during the onsite visit. 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, 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: This is an existing legal non-conforming structure located on a lot of record. 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 or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 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 improvements are to an existing legal non-conforming structure. 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: June 9, 2022 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. ; MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 9, 2022 The Otter Tail County Board of Adjustment Members convened on June 9, 2022, at 6:00 p.m. at the Government Services Center. The meeting was held in person and via Microsoft Teams. The following persons were in attendance: Brent Frazier Mark Johnson Thomas Lee Rick West Michael Donoho Darren Newville Terry Marthaler Chris LeClair, Director, Land & Resource Management Kyle Westergard, Assistant Director, Land & Resource Management Ben Olson, Assistant County Attorney Called to Order Michael Donoho, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved -Thomas Lee made a motion, seconded by Terry Marthaler to approve the May 12, 2022, Meeting Minutes. The Board of Adjustment considered the following application(s) for variance: Joel & Lori Ann Determan -Variance Application Approved as Requested (6:02 p.m.) Joel & Lori Ann Determan, Lot 6 & W 14 of Lot 7 of Belle Acres, Rush Lake (56-141) in Otto Township requested the following: Proposing to construct a four-season porch addition to existing cabin with a setback varying from 5’2” to 5’6” from east lot line and attached garage with a setback varying from lO’l” to 9’7” from the west lot line. Joel & Lori Ann Determan, property owners, represented the variance application. The audience was polled with no one speaking for or against this application. Paul Lepisto & Donna Leslie submitted a letter in support of the variance as requested. Karen McNeal submitted a letter in support of the variance as requested. All correspondence was forwarded to the Board of Adjustment Members. After consideration and discussion. Terry Marthaler made a motion, seconded by Darren Newville and carried to approve the request as presented to construct a 4-season porch addition being 5’2” at the closest point to the east lotline and construct an attached garage being 9’7” from the west lotline. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is June 9, 2027. Brent & Bonnie Freeland -Variance Application Approved with Modification (6:10 p.m.) Brent & Bonnie Freeland, Lot 14 BIk 1 of Lenius Beach 2"‘* Addition. Little McDonald Lake (56-328) in Edna Township requested the following: Requesting to use the OHWL as the measuring point to establish veilical separation and maintain a smaller footprint as well as utilize a craw Ispace below the main level based on recent improvements in place that prov ide a stable outlet to control lake levels. Ordinary high-water elevation is 1355.6" per MN DNR and the Highest recorded water elevation is 1360.17’ per MN DNR. Brent Freeland, property owner, represented the v ariance application. The audience w as polled w ith no one speaking for or against the v ariance as requested. Alter consideration and discussion. Darren New v ille made a motion seconded by Thomas Lee and carried to approve the variance to allow the property to use the elevation of 1356.6’ which is 1 ’ above the ordinary high-water level for proposed construction. The low est floor of the proposed structure w ill need to be at an elevation of 1359.6’. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is June 9, 2027. Board of Adjustment June 9, 2022 Page j 1 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West 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: Joel William & Lori Ann Determan 16862 Dakota Street NW Andover MN 55304 Has/have made appiication 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, June 9, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land@co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the 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. - 47000990354000 Lot 6 & W 'A of Lot 7 of Belle Acres Section 31, Township 135, Range 38 Township Name - Otto Lake Name/Number/Class: Property Address: Rush Lake (56-141), General Development (GD) 46059 Boys Shore Road, Ottertail MN 56571 The variance requested is the following: Proposing to construct a four season porch addition to existing cabin with a setback varying from 5'2" to 5'6" from east lot line, and attached garage with a setback varying from lO'l" to 9'7" from the west lot line. Ann Jh/sko Board of Adjustment Secretary May 26, 2022 ottertailcountymn.usOTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings ProposedExistingExisting Proposed Ft2Ft2Ft2Ft2 ip loDeck(s)~/z oDwelling 3ZZZ Patio(s)Attached Garage oao Sidewalk(s)\LaODetached Garage OoD Landing(s)Storage Shed O o/o (^5 9Driveway(s)WOAS 20 7 O o_ Parking Area(s)RCU O ooooRetaining Wall(s)OMiscellaneous oO Landscaping (Plastic Barrier)aMiscellaneous Oo ] n 296 ^35TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaProposed TotalExisting R2 Ft2Ft2 Ft2Total Buildings ) 5. 2 6F72.7 52 9/o67 / 732 \Z,iplO 100+-T-X Buildings + Other impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaProposed TotalExistingTotal Buildings + Other Impervious Surface Ft2 Ft2Ff2Ft2 2 7 ' ^6 ^/o2-9 I ^I 2. (^703o(^z 100+Xn LR: Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016 Date 6~ & ^Signature; Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS) Doc Type: Compliance and Enforcement ^ MINNESOTA POLLUTION^ i control agency 520 Lafayette Road North St. Paul, MN 55155-4194 Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attachsCi fejgottjni f \/pf^ documentation - additional local requirements may also apply. Further information can be found here: LJ httDs://www.Dca.state.mn.us/sites/default/files/wa-wwists4-31a.Ddf. APR § 2022 Inspector must submit completed form to Local Governmental Unit (LGU) and system owner within 15 days of finai determination of compliance or noncompiiance. & RESOURCE Property information !^S ________Local tracking number V 7fi ^^^0 Od Local regulatory authority: Lat\ol 'f a Property address: <'7J_________________________________ Owner/representativer \ Lc^i Owner’s phone: ^73-70;p ^/!JP.CZ Brief system description: Cotnl*^~ryi^t,nh^ System status Parcel ID# or Sec/Twp/Range: System status on date (mm/dd/yyyy): Q~ ^ Compliant - Certificate of compliance*□ Noncompliant - Notice of noncompliance An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance or under section 145A.04 subdivision 8. Systems failing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check all applicable) □ Impact on public health (Compliance component #1) - Imminent threat to public health and safety □ Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety □ Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater □ System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater □ Soil separation (Compliance component #5) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies Comments or recommendations Certification I hereby certify that all the necessary information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. By typing my name below, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this form. Business name:^oh's ^er-viC^Certification number: License number: /9 3 9^ TInspector signature: Phone: Q f ^(This documer)! has been electronically signed) Necessary or locally required supporting documentation (must be attached) Klank Integrity Assessment^ Soil observation logs □ Other information (list): □ Locally required forms □ Operating Permit https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 1 of 4 651-296-6300 800-657-3864 1. Impact on public health - Compliance component #1 of 5 Compliance criteria: Attached supporting documentation: □ Other: __________________ □ Not applicable □ Yes* BNoSystem discharges sewage to the ground surfece Systerh discharges sewage to drain tile or surface waters. □ Yes* HNo h-._ System causes sewage backup into dweiling.or establishment. □ Yes* IS No Any "yes" answer above Indicates the system is an imminent threat to public health and safety. Describe verification methods and results: 2. Tank integrity - Compliance component #2 of 5 Attached supporting documentation: 'S Pumped at time of inspection Compliance criteria: □ Yes* HNoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit?________________Name of maintenance business: ffoisS Scfi License number of maintenance business: I ^ ^ 7 I□ Yes* HNoSewage tank(s) leak below their designed operating depth?Date of maintenance: □ Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy):(must be within three years) (See form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) Q Tank is Noncompliant (pumping not necessary - explain below) □ Other: If yes, which sewage tank(s) leaks: Any "yes” answer above indicates the system is failing to protect groundwater. Describe verification methods and results: Use your preferred relay service • Available in alternative formats Page 2 of 4 https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 800-657-3864651-296-6300 ; 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes* No □ Unknown 3b. other \ssues (electrical hazards, etc.) to immediately and adversely impact pubiic health or safety? □ Yes* |2 No □ Unknown *Yes to 3a or 3b ■ System is an imminent threat to pubiic heaith and safety. 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? *Yes to 3c or 3d - System is faiiing to protect groundwater. Describe verification methods and results: □ Yes* ^ No □ Yes* No Attached supporting documentation: □ Not applicable □ 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 Not applicable □ Yes □ No If “yes”, A below is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions is “no”, this section does not need to be completed. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? □ Yes □ No Any “no ” answer indicates noncompliance. Describe verification methods and results: Is the system operated under an Operating Permit? □ Yes □ No Attached supporting documentation: □ Operating permit (Attach) □ https://www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 3 of 4 651-296-6300 800-657-3864 '-'.A, 5. Soil separation - Compliance component #5 of 5 Date of installation IS'199^□ Unknown (mm/dd/yyyy) ■E( Ves □ NoShorelandAltfellhead protection/Food beverage lodging? Attached supporting documentation; S Soil observation logs completed for the report (Attach) n Two previous verifications of required vertical separation (Attach) □ Not applicable (No soil treatment area) Compliance criteria (select one): □ Yes □ No*5a. For systems built prior to April 1, 1996, and not located in Shoreland or Wellhead Protection Area or not serving a food, beverage or lodging establishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock. □ IS Yes □ No*5b. Non-performance systems built April 1, 1996, or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* * Indicate depths or elevations A. Bottom of distribution media foOB. Periodically saturated soil/bedrock 56"C. System separation D. Required compliance separation* *May be reduced up to 15 percent if allowed by Local Ordinance. □ Yes GNo*5c. “Experimental", “Other", or “Performance" systems built under pre-2008 Rules; Type IV or V systems built under 2008 Rules 7080. 2350 or 7080.2400 (Advanced Inspector License required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. ___ 0~§ ^0 *Any “no” answer above indicates the system is faiiing to protect groundwater. Describe verification methods and resuits: in imminent threat to public health and safety (ITPHS) must be upgraded, replaced.Upgrade requirements or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined In law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas. Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. Use your preferred relay service • Available In alternative formats Page 4 of 4 https://www.pca.state.mn.us wq-wwlsts4-31b • 1/11/21 800-657-3864651-296-6300 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 26th day of May 2022 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 Lake Association Joel William & Lori Ann Determan 16862 Dakota Street NW Andover MN 55304 John Carlson, Clerk Otto Township 47308 371®‘ St. New York Mills MN 56567 Rush Lake Association, Inc. PO Box 42 Perham MN 56573 City Clerk (if located within 2 miles of a city) NA Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaqement@outlook.com - NA UJ Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Eagb^ak^ LidalJl^ Little Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 Id, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little W\ne & 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 Grotte, 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: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member Brent Frazier - PO Box 255, Peliean 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 File 1Dated: May 26, 2022 Extra 6 BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT___29 □ Added to Agenda □ Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy:15Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (5-141) 06-09-22.docx 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 26th day of May 2022 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 Rush Lake Association, Inc. PO Box 42 Perham MN 56573 John Carlson, Clerk Otto Township 47308 371®< St. New York Mills MN 56567 Joel William & Lori Ann Determan 16862 Dakota Street NW Andover MN 55304 City Clerk (if located within 2 miles of a city) NA Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaqement@outlook.com - NA(0 LU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald; Devils (Near Perham): EaglaXal^* LidatJ^^ Little Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 Id, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little nhe & Slg 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 Grotte, 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: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 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 1FileDated: May 26, 2022 6Extra BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT___29 I I Added to Agenda EH Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy:15Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (5-141) 06-09-22.docx Buffer Parcels Parcel No Addr2 Citv St ZipName 1 Addr 1Name 2 New York Mills MN 56567 910747000310206000 Peter Glen & Amyann W Mursu 51113 340th St West Saint Paul MN 55118 475447000310206003 Danielle Adams 374 Mendota Rd W 47000310206006 Kyle F & Kate C Schanning Ottertail MN 56571 950234836 460th Ave Connie J Walden Ottertail MN 56571 95254700031020600846089 Boys Shore Rd Richard & Nancy Munoz47000990349000 Eagan MN 55123 20734315 Kirsten Ct Richard & Nancy Munoz47000990350000 Eagan MN 55123 20734315 Kirsten Ct Danielle Adams West Saint Paul MN 55118 475447000990351000374 Mendota Rd W 47000990353000 Paul Lepisto Et Al 1115 Cleveland S Pierre SD 57501 4456 47000990354000 Joel W & Lori Determan Andover MN 55304 236516862 Dakota St NW 47000990356000 Timothy & Karen Mcneal Sauk Rapids MN 56379 2556929 Oakcrest Ln 47000990357000 Connie J Walden Ottertail MN 56571 952546089 Boys Shore Rd Ploof Family Rev Living Tst47000990359000 Little Falls MN 56345 528216363 70th Ave 47000990360000 Belle Acres LLC 1985 Silver St Waconia MN 55387 8619 47000990361000 Belle Acres LLC 1985 Silver St Waconia MN 55387 8619 47000990414000 Darin Wuollet & K Boeckermann Dilworth MN 56529 15381003 5th Ave NE 47000990415000 Darin Wuollet & K Boeckermann Dilworth MN 56529 15381003 5th Ave NE 53000990409000 Priscilla M 8tTom Largen Hamburg lA 51640 20032762 Apple Mountain Dr N 53000990410000 Tyler Schwichtenberg Faribault MN 55021 5212213 Central Ave N James L & Patricia A Jeske Bismarck ND 58503 8855530009904110004916 Fountainblue Dr 53000990418000 Gregory A & Adele Esala Ottertail MN 56571950645995 Canary Dr 53000990636000 Gregory A & Adele Esala Ottertail MN 56571 950645995 Canary Dr Priscilla M &Tom Largen Hamburg lA 51640 2003530009906370002762 Apple Mountain Dr N Page 1 of 1Thursday. May 19. 2022 Buffer Mail City, State, ZipAddress i Address 2Name Danielle Adams West Saint Paul MN 55118 4754374 Mendota Rd W Belle Acres LLC Waconia MN 55387 86191985 Silver St Darin Wuollet & K Boeckermann Dilworth MN 56529 15381003 5th Ave NE Joel W & Lori Determan Andover MN 55304 236516862 Dakota St NW Gregory A & Adele Esala Ottertail MN 56571 950645995 Canary Dr James L & Patricia A Jeske Bismarck ND 58503 88554916 Fountainblue Dr Priscilla M & Tom Largen Hamburg lA 51640 20032762 Apple Mountain Dr N Timothy & Karen Mcneal 929 Oakcrest Ln Sauk Rapids MN 56379 2556 Richard & Nancy Munoz Eagan MN 55123 20734315 Kirsten Ct Peter Glen & Amyann W Mursu New York Mills MN 56567 910751113 340th St Paul Lepisto Et Al 1115 Clevelands Pierre SD 57501 4456 Ploof Family Rev Living Tst Little Falls MN 56345 528216363 70th Ave Kyle F & Kate C Schanning Ottertail MN 56571 950234836 460th Ave Tyler Schwichtenberg Faribault MN 55021 5212213 Central Ave N Connie J Walden Ottertail MN 56571 952546089 Boys Shore Rd Page 1 of 1Thursday, May 19, 2022 June 1, 2022 Otter Tail County Board of Adjustment Land and Resource Management Government Services Center 540 West Fit Avenue Fergus Falls, MN 56537 Dear Board Members, We are \A/riting to express our support for the variance application filed by Joel and Lori Detterman for their property at 46059 Boys Shore Road, on the south side of Rush Lake, near Ottertail. The property i they own is Lot 6 and the west half of Lot 7 of Belle Acres, Section 31, Township 135, Range 38 in Otto f Township. The variance request is for the proposed construction of a four-season porch as an addition to their existing cabin, and an attached garage. As the current co-owners of the neighboring lot (46049 Boys Shore Road, Otter Tail, MN - all of Lot 5 and t part of Lot 4 of Belle Acres, Section 31, Township 135, Range 38, Otto Township) immediately to the west of the Detterman property, we are firmly in support of their request for this variance, and respectfully ask for your approval. We believe the proposed construction will not adversely impact our property and/or our view and will be an asset to their property. Joel and Lori have been wonderful neighbors to our family for many years. We wholeheartedly endorse the proposed addition to their cabin and again ask for your approval of their request for the variance for this construction project. Thank you for your time and consideration. / Sincerely, Paul Lepisto Donna Leslie 1115 South Cleveland Avenue Pierre, SD 57501 Amy Busko Amy Busko Tuesday, June 7, 2022 12:20 PM Brent Frazier; Darren Newville; Mark Johnson; Michael Donoho; Rick West; Terry Marthaler; Thomas (Tom) Lee Chris LeClair; Kyle Westergard FW: Detterman Variance Application - letter of support Detterman Variance Application 6-7-22.docx From: Sent: To: Cc: Subject: Attachments: See attached correspondence. Thanks Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountymn.us OT7KTAJL oounrrv MPMnou From: Emma Barry <ebarry@co.ottertail.mn.us> Sent: Tuesday, June 7, 2022 8:31 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: FW: Detterman Variance Application - letter of support Please see attached email @ Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: pauldonna2(5)pie.midco.net <pauldonna2(5)pie.midco.net> |Sent: Tuesday, June 7, 2022 8:28 AM 1 To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Detterman Variance Application - letter of support I You don't often get email from pauldonna2g>Die.midco.net. Learn why this is important Let me know if you have any questions or if additional information is needed from my wife and I. Thank you for your time and consideration. Paul Lepisto Donna Leslie 1115 South Cleveland Avenue Pierre, SD 57501 pauldonna2@Die.midco.net 605-220-1219 2 Amy Busko Amy Busko Tuesday, May 31, 2022 9:22 AM Brent Frazier; Darren Newville; Mark Johnson; Michael Donoho; Rick West; Terry Marthaler; Thomas (Tom) Lee Correspondence From; Sent: To: Subject: Good Morning- See below for correspondence in regards to the Determan Variance request. Have a great day Amy Busko Permit Technician Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 Direct 218-998-8096 | Office 218-998-8095 ottertailcountvmn.us OllbHTAIL From: Emma Barry <ebarry@co.ottertail.mn.us> Sent: Tuesday, May 31, 2022 8:48 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: FW: Please see email below @ Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountvmn.us 0J OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Karen McNeal <karenmcnealll^email.com> Sent: Tuesday, May 31, 2022 8:43 AM 1 to: Otter Tail County Land <land(5)co.ottertail.mn.us> Subject: I You don't often get ennail from karenmcneal11@amail.com. Learn why this is important we have no objections concerning Joel and Lori Determan variance request on Rush Lake Karen McNeal 2