HomeMy WebLinkAbout21000040027001_Variances_04-08-2021Variances
Barcode 128
M -‘B - 2Dz\
Date Sta
: t&R Initial
"Deceived
DEC 15 2020
-AND & RESOURCt
1256551
JtD
LYHH R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/15/2021 10:14 AM
FEE: 46.00
MOL.O O
.RTIFICATE REC'D: N-tAE above space 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 Website: www.ottertailcountvmn.us
Application Fee ^000. OP
COMPLETE THIS APPLICATION IN INK Receipt Number ZjQZO-O^f
Accepted By / Date
PROPERTY OWNER and fa'lHoF>r-V-daytime PHONe('2.I^')(2?5<T - S55 3-
MAiLiNG ADDRESS Po gox A.'P I rva, mn. ______________________________________
E-MAIL ADDRESS r0IQndcj.llo.'>/'->-2-<f) hn-^.gyr>
_________________LAKE CLASS ME,LAKE NUMBER fV<?D(.Y1^300 LAKE NAME _________________
SECTION M TOWNSHIP 12> \ RANGE O TOWNSHIP NAME
PARCELNUMBER i)10D0nq(m-lDDl E-911
ADDRESS> tJdnA-
/v/p.
LEGAL DESCRIPTION qq
ueVM »/m sviVq
farlurs fnufri-c, ,
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback 'Z. Structure Size Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT
SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Sncv^lOYwL (ydyfxxrycc
OTTER TAIL COUNTY ORDINANCE: IV\iPiifTM.>rv^ I’^^Yuf ‘Qt'i
SECTION OF ORDINANCE: ^ IH - M
VARIANCE REQUEST:
CAAfFLin-h cXcAtfYXnOz.^ PenO^ VoJua. V\c-Yv>e
VOr'Cinc* fen -ft' cUaa. 'iO-Vk UnK()j«. o< 4>y \cikoI.
ntw3 )20 -T-F -4tvA QHWU -VYv ft^\i\rxd xoo A
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.
SitSNATURE OF PROPERTY OWNER / AGENT FOR OWNER
IMlo OO
DATE
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
Motion
f\fnl L 7m Time b'OD pm
Roland & Sunshine Gilbert - Variance Application Denied (6:07 p.m.)
After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee to approve a
variance of 40’ from the ordinary high-water level to construct a dwelling. The motion failed by roll call vote.
After further discussion, Douglas Larson made a motion, seconded by Rick Wilson to deny the variance request to
construct a new dwelling being 120’ from the ordinary high-water level. The board indicated that there is adequate
room for the structure to meet the ordinary high water level setback of 200’. 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.
fa hrLYmM/mlU
Chairmari^tter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR ^'lZ-Zb2~l
L R Official/Date
CL 01122019-001 368,804 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4870
mOTTCR Tflil
eevaTT ■■••iiQta
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
Applicant: RoaInd & Sunshine Gilbert
Address/Parcel No. None
Board of Adjustment
Findings of Fact and Decision
Chris LeClair
Director
Kyle Westergard
Asst. Director
218-998-8095
FAX: 218-998-8112
Requested Variance: Current Ordinance for Perch Lake is 200 ft. for single family home dwelling. Requesting a Variance
for 80 ft due to the unique physical characteristics of the land (hilly, adjacent wetlands & lowland). New dwelling would
be 120 ft. form the OHWL versus the required 200 ft.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: ML 4. A.
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 property owner indicated that they want to work with the terrain of
the property and the proposed location will require less earthmoving. When they purchased this property the setback to the lake
was 75' setback and since they purchased the property the setback changed to 200' due to the reclassification of the lake.
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...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
First Motion to Approve Request- The land use ordinance allows property owners to develop and improve their property,
(motion failed)
Second Motion to Deny Request - There is adequate room to meet the 200' setback from the ordinary high water level, (motion
approved)
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...
□ No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
First Motion to Approve Request - There are similar structures and land uses in the neighborhood with similar setbacks, (motion
failed)
Second Motion to Deny Request - The board indicated that the property owners do have room on the property for their new
structure to meeting setbacks from the ordinary high-water level, (motion approved)
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?)
□ 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:
First Motion to Approve Request - The topography of the land restricts the suitable area for use being considered, (motion
failed)
Second Motion to Deny Request -
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.)
□ 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:
First Motion to Approve Request - There are similar land use patterns and use of property int eh vicinity of the request, (motion
failed)
Second Motion to Deny 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).
□ Yes, the need for the variance involves more than Just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
First Motion to Approve Request- The proposed improvements are to a legal lot. (motion failed)
Second Motion to Deny Request -
The Otter Tail County Board of Adjustment: APPROVES _DENIES X the requested variance.
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: April 8,2021 _________
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.
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
Deed Tax; $49.50
Number: 3733
Date; 7/24/2019
WAYNE STEIN, County Auditor/Treasurer
by kag, Deputy
No Delinquent taxes and transfer entered.
Certificate of Real Estate Value
(X) filed ( ) not required.
CRV No.:
Date: 7/24/2019
WAYNE STEIN, County Auditor/Treasurer
by JRB, Deputy
21 000 04 0027 001
1223950
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
07/25/2019 08:20 AM
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D: N
DOCUMENT RECORDED ELECTRONICALLY
WARRANTY DEED
Individuals to Joint Tenants
STATE DEED TAX DUE HEREON: $49.50 Dated: July IL .2019
FOR VALUABLE CONSIDERATION, JEFFREY SAMUELSON and HEIDI
SAMUELSON, husband and wife, Grantors, hereby convey and warrant to ROLAND GILBERT,
II and SUNSHINE GILBERT, as joint tenants. Grantees, real property in Otter Tail County.
Minnesota, described as follows;
The East Half of the Northeast Quarter of the Northeast Quarter of the Southwest
Quarter (E'/2NE14NE'/4SW'/4), Section Four (4), Township One Hundred Thirty-
one (131), Range Thirty-eight (38). together with a 33.00 foot easement for
ingress and egress purposes over, under and across that part of the Northeast
Quarter of the Southwest Quarter (NE'ASWVi) and that part of the Northwest
Quarter of the Southwest Quarter (NW'ASW'/i), both in Section Four (4),
Township One Hundred Thirty-one (131) North, Range Thirty-eight (38) West,
Otter Tail County, Minnesota. The centerline of said easement is described as
follows: Commencing at the west quarter comer of said Section Four (4); thence
on an assumed bearing of North 02°50'23” West along the west line of said
Section Four (4) a distance of 662.09 feet; thence South 90°00’00” East 1615.80
feet; thence South 06°50’03” West 385.32 feet; thence South 86°27’47” East
245.69 feet; thence South 08*02’50” West 40.75 feet; thence southerly along a
tangential curve, concave to the west, radius 431.12 feet, central angle 28°36’28”,
215.26 feet; tlience South 36°39’18" West along tangent 174.78 feet; thence
South 8l°09’59*' East 75.36 feet; thence easterly along a tangential curve, concave
to the north, radius 195.31 feet, central angle 23'’14‘30”, 79.23 feet; thence North
75°35’31" East along tangent 87.87 feet; thence easterly along a tangential curve.
Otter Tail County, Minnesota 1223950 1 of 4
concave to the south, radius 159.77 feet, central angle 45°42*07’\ 127.44 feet;
thence South 58°42’22” East along tangent 159.56 feet; thence South 65°20’04”
East 163.42 feet to the west line of the East Half of the Northeast Quarter of the
Northeast Quarter of the Southwest Quarter (E*/iNE%NE'/4SW‘/4), said Section
Four (4), and this to be the point of beginning of the centerline to be described;
thence reversing North 65°20’04” West 163.42 feet; thence North 58°42’22'’
West 159.56 feet; thence westerly along a tangential curve, concave to the south,
radius 159,77 feet, central angle 45®42’07”, 127.44 feet; thence South 75°35’31”
West along tangent 87.87 feet; thence westerly along a tangential curve, concave
to the north, radius 195.31 feet, central angle 23°14'30”, 79.23 feet; thence North
81°09’59” West 75.36 feet; thence South 36°39’18” West 78.12 feet; thence
southerly along a tangential curve, concave to the east, radius 420.19 feet, central
angle 29®20’30”, 215.18 feet; thence South 07°18’48” West along tangent 474.47
feet; thence southwesterly along a tangential curve, concave to the northwest,
radius 150.43 feet, central angle 79°15’34”, 208.10 feet; thence South 86°34’22”
West along tangent 781.08 feet; thence South 88°46’09” West 493.04 feet to the
west line of said Northwest Quarter of the Southwest Quarter (NW'/4SW'/4) and
said centerline there terminating. The sidelines of said easement are to be
prolonged or shortened to terminate on said west line of the Northwest Quarter of
the Southwest Quarter (NW'/4SW14) and on said west line of the East Half of the
Northeast Quarter of the Northeast Quarter of the Southwest Quarter
(E‘/2NE'/4NE'/4SW'/i), respectively.
Together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions: Easements, restrictions, reservations and covenants of record.
Jeffrey Samuelson
Heidi Samuelson
-2-
Otter Tail County, Minnesota 1223950 2 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF WADENA )
The foregoing instrument was acknowledged before me this I(p^day of July, 2019, by
JEFFREY SAMUELSON, husband of HEIDI SAMUELSON, Grantor.
,EU»BETH JEAN HERRMANN
NOmiVPUSUC-lffAESOIA
1% OtniainEi«tns Jn. 31.200 Notm Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WADENA )
The foregoing instrument was acknowledged before me this IJA day of July, 2019, by HEIDI SAMUELSON, wife of JEFFREY SAMUELSON. Grantor.
EUZABEW^ANICRRMANN
notmvpubuc-iimcsota
ComiMon J«131,2023
Check if applicable:
^ Grantors hereby certify that there are no water wells on the above-described property.
___ A Well Disclosure Certificate accompanies this document.
___ Grantors hereby certify that the status and number of wells on the above-described real
property have not changed since the last previously filed Well Disclosure Certificate.
This Warranty Deed is given in satisfaction of that Contract for Deed dated August 3,2001,
recorded August 3,2001, as Document No. 88661S, for consideration of $15,000.00.
Otter Tail County, Minnesota 1223950 3 of 4
Tax statements for the real
property described in this
instrument should be sent to:
Roland II and Sunshine Gilbert
PO Box 201
Wadena, MN 56482
This instrument was drafted by:
PEMBERTON LAW, P.L.L.P.
7 Colfax Avenue Southwest
Wadena, Minnesota 56482
Telephone: 218-631-1400
Pemberton Law Substitute Form 1099-S Not Needed
MVBibjh
2019-7122.999
-4'
Otter Tail County, Minnesota 1223950 4 of 4
T MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, April 8, 2021
The Otter Tail County Board of Adjustment met Thursday, April 8,2021, with the following persons in attendance via GoToMeeting:
Rick Wilson
Darren Newville
Douglas Larson
Michael Donoho
Terry Marthaler
Thomas Lee
Chris LeClair, Director, Land & Resource Management
Ben Olson, Assistant County Attorney
The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec.
13D.021 Subd. 1(1).
Called to Order Darren Newville, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the December 10, 2020 meeting.
Public Comment Standards Michael Donoho made a motion seconded by Terry' Marthaler and carried by roll call vote to adopt the
Public Comment Standards.
Nominations for Vice Chair - Terry Marthaler made a nomination, seconded by Thomas Lee to elect Michael Donoho to serve as
Vice Chair of the Board of Adjustment for 2021. Rick Wilson made a motion to cease nominations and cast a ballot for Michael
Donoho, seconded by Thomas Lee and carried by roll call vote with Michael Donoho abstaining to elect Michael Donoho to serve as
Vice Chair of the Board of Adjustment for 2021.
Nominations for Secretary of the Board of Adjustment - Terry Marthaler made a motion, seconded by Michael Donoho and
carried by roll call vote to elect Amy Busko to serve as Secretary for the Board of Adjustment for 2021.
The Board of Adjustment considered the follow ing application(s) for variance:
Roland & Sunshine Gilbert - Variance Application Denied (6:07 p.m.)
Roland & Sunshine Gilbert, El/2 NEl '4 NEI '4 SWl 4 (5.00 Ac), Perch Lake (56-95) in Effmgton Township requested the following:
Current Ordinance for Perch Lake is 200 ft. for single family home dwelling. Requesting a Variance for 80 ft due to the unique
physical characteristics of the land (hilly, adjacent wetlands & lowland). New dwelling w ould be 120 ft. form the OHWL versus the
required 200 ft.
Roland & Sunshine Gilbert, property owners represented the variance application via GoToMeeting. The audience was polled with no
one speaking for or against this application. A memo was submitted by the property owners providing additional background on the
proposed project.
After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee to approve a variance of 40’ from the
ordinary high-water level to construct a dw elling. The motion failed by roll call vote.
Roll call vote as follows:
Board of Ad justment________ YEA NAY ABSENT ABSTAIN
Darren Newwille
Thomas Lee
Douglas Larson
Michael Donoho
Terry Marthaler
Rick Wilson - PC Member
X
X
Page I I Board of Adjustment
April 8, 2021
1 Roland'& Sunshine Gilbert - Continued
Douglas Larson made a motion, seconded by Rick Wilson to deny the variance request to construct a new dwelling being 120’ from
the ordinary high-water level. The board indicated that there is adequate room for the structure to meet the ordinary high water level
setback of 200’. 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.
Roll call vote as follows:
Board of Ad justment
Darren Nenwille
Thomas Lee
Douglas Larson
Michael Donoho
Terry Marthaler
Rick Wilson - PC Member
YEA
X
X
X
X
X
NAY ABSENT ABSTAIN
X
Jack & Ashley Lelwica - Variance Application Approved as Requested (6:24 p.m.)
Jack & Ashley Lelwica, Pt NWl '4 NEI/4 S of Road, Sewell Lake (56-408) in St. Olaf Township requested the following: Adding 8’ x
16’ addition to non-lakeside of structure at furthest point possible from ordinary high water/set back of structure from OHWL at 76’.
Jack Lelwica, property owner and Dan Barbre, Contractor represented the variance application via GoToMeeting. The audience was
polled with no one speaking for or against this application.
After consideration and discussion, Terry Marthaler made a motion, seconded by Douglas Larson and unanimously carried by roll call
vote to approve the variance as requested to construct an 8’ x 16’ addition to the existing dwelling being 76’ from the ordinary high-
water level. 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.
Roll call vote as follows:
Board of Ad justment_____
Darren Newville
Thomas Lee
Douglas Larson
Michael Donoho
Terry Marthaler
Rick Wilson - PC Member
YEA
X
X
X
X
X
X
NAY AB.SENT ABSTAIN
Bradley & Sarah Morgan - Variance Application is Denied (6:31 p.m.)
Bradley & Sarah Morgan, Lot 5 Blk 1 of Jamielind Shores, McDonald Lake (56-386-03) in Edna Township requested the following:
This is an After-the-Fact Request. We are requesting a variance of three feet to keep the height of the existing garage 23 feet. The
landowners built the garage ourselves using blueprints for construction materials for a height of 20 feet. This is what we applied for on
the permit. Per the blueprints the garage is a 30’ x 48’ structure with 10 foot walls and to the bottom web of the truss 8 feet and to
scale add 2 feet to the peak. 10+8+2=20, and the construction materials were ordered and delivered to the pursuant to these
specifications. How ever, we learned only after the zoning inspection we were over the 20 foot height as in the actual truss plan
delivered there w as a 2 foot 6 inch heel added. We w ere not aw are of the heel be added when the trusses w ere set, and the building
contractor invoice makes no mention of it. This explains the height discrepancy from what we planned to what we actually built. We
did not know the garage was 23 feet until Brittany Tollefson came out on December L', 2020 to measure the actual height. We are
including the original blueprint as well as the truss plan so you can see where the discrepancy lies. We obtained the truss plan after the
inspection, when figuring out the height discrepancy. The garage is on a rise, towards the road, 250 feet from the lake. It does not
impede lake views. The garage is not visible from the shore.
Page I 2 Board of Adjustment
April 8, 2021
€H otter TAIL
f COUNTY - MINNESOTA
LAND & RESOURCE MANAGEMENT
Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Roland & Sunshine Gilbert
PO Box 201
Wadena MN 56482
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, April 8, 2021 at 6:00 p.m.
In response to the COVlD-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:
Legal Description:
Lake Name/Number/Class:
Property Address:
Parcel No.- 21000040027001
El/2 NEl/4 NEl/4 SWl/4 (5.00 Acres)
Section 4, Township 131, Range 38
Township Name - Effington
Perch (56-95), Natural Environment (NE)
None - Access Property Access from Address No. 15292 485'^ Ave.,
Parkers Prairie, MN 56361
The variance requested is the following:
Current Ordinance for Perch Lake is 200 ft. for single family home dwelling. Requesting a Variance for 80
ft due to the unique physical characteristics of the land (hilly, adjacent wetlands & lowland). New
dwelling would be 120 ft. form the OHWL versus the required 200 ft.
March 25, 2021 . l///r Busko
Board of Adjustment Secretary
218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER ottertailcountymn.us
STAFF REPORT
APPLICANT:Roland & Sunshine Gilbert
APPLICATION:
LOCATION:
Current ordinance for Perch Lake is 200 ft. for single family home dwelling. Requesting a
variance for 80 ft due to the unique characteristics of the land (hilly, adjacent wetlands &
lowland). New dwelling would be 120 ft. from the OHWL versus the required 200 ft.
21000040027001
LAKE NAME/NUMBER/CLASS: Perch, 56009500, NE
STAFF WHO COMPLETED REPORT: Chris LeClair
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1.
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
SETBACKS (Ft)GD
LAKES
RD NE U&T
RIVERS
Ak Trans
Elevation Above OHWL
Vertical Separation*3 3 3 3 3 3
Setback From
OHWL
Dwellings / Non-Dwellings 75 100 200 100 100 150
WOAS 20 20 20 20 20 20
Lotline**
Single Family Residence 10 10 10 10 10 10
Commercial PUD 50 50 50 50 50 50
Residential PUD 50 50 50 50 50 50
WOAS 40 65 90 40 65 115
Top of Bluff 30 30 30 30 30 30
Road Rieht-of-Wav (Public / Private)
All Structures 20 20 20 20 20 20
Septic Tanks
All Structures 10 10 10 10 10 10
Soil Treatment Area
Dwelling 20 20 20 20 20 20
Non-Dwelling 10 10 10 10 10 10
Maximum Structure Height
Dwelling 35 35 35 35 35 35
Non-Dwelling ***20 20 20 20 20 20
WOAS 10 10 10 10 10 10
Staff Comments: Based on a review of the application and a site review, Staff offers the following comments:
1. Structure down on the lake not legally located. The structure is not present in the 2018 aerial photograph
of the property. The structure is present in the 2019 aerial photograph. Too large for a water-oriented
accessory structure and does not appear to be a dwelling. Office will handle the relocation or removal of
this structure.
niRCII L
56(m5>
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^): A f
Buildings Other Impervious Surface
Existing Proposed
Ft^
Dwelling TW^
Attached Garage
Detached Garage
Storage Shed 2775
WOAS
RCU
Miscellaneous
j
TOTAL BUILDINGS ___lIM._____
Existing
. Ff
Proposed
Ft^
Deck(s)WlcPatio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL OTHER ‘-14^10
Total Buildings
Existing
Ft^
Proposed
Ft^
Total
Ft^
Lot Area
Ft^
Impervious
Surface
Ratio
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
//tV__-H zm4 —y/78 -h X 100 -^.Di^ - ______
Total
Buildings + Other
Impervious Surface
Existing
Ft^
Proposed
Ft^
Total
Ft^
Lot Area
Ft^
Impervious
Surface
Ratio
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
+124D —■=r =X 100 =V.?.V/6,S
Impervious Surface Calculation Worksheet 04-11-2016
Signature Date
S Parcel Appraisal Summary
BiPnrc^t Detailed Resutts
^ Sales Data
Sales Detail
21000040027001
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OWNER; GILBERT,ROLAND II & SUNSHINE
TOWNSHIP; 131
SECTION; 04
RANGE: 038
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OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENTPUBLIC WORKS DIVISION
ottertailcountvmn.us
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 & MARCH 31^^
I understand that, due to extenuating circumstances, the Planning Commission
Members and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # Q\noor>HQ03noD \), described on
my \jf\v\(\Y^,p Application(s) dated
WKy\J \{q^'X02.O.
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).
□ ' do not agree to waive the 60-Day Rule, and I understand that in the absenceof waiving the 60-Day Rule, the County may have no alternative but to deny
my Application(s).
'DATtD OPERTY OWNER
LR: Forms: Waiv®* 60 Day Rule 03-17-2020
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
OTTER TAIL COUNTY
Fergus Falls, Minnesota
) SS
)
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 25*^’ day of March, 2020 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Property Owner
Roland & Sunshine Gilbert
PO Box 201
Wadena MN 56482
Township Clerk
Judith Moeller, Clerk
Effington Township
51214 110‘>^ St.
Parkers Prairie MN 56361
Lake Association
NA
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
LittleTHcBronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little pJre^&Big Pine: Pine Lakes Imp. Dist , PO Box405, Perham, MN 56573
Pelicq^ 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
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
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: 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
Dated: March 25, 2021
Amy Busko, Secretary
Otter Tail County Board of Adjustment
By:
File 1
Extra y 5
Amy Busko
BOA Members
PC Member__
Envelopes___
Minutes
TOTAL NOTICES TO PRINT 13
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-95) 04-08-21.doex
n Added to Agenda D Map
U Print out Findings of Fact Sheet
Newspapers Fergus Falls Daily Journal &
Parkers Prairie nd
Buffer Parcels
Parcel No Name 1
21000040026000 ChadJKugler
21000040027000 Home Again Ranch LLC
21000040027001 Roland li & Sunshine Gilbert
21000040029000 Roman M Koep Disclaim Tst Etal
Name 2 Addr 1
7688 5th St SE
14998 487th Ave
PO Box 201
318 Delaware St W
Addr 2 Citv St Zip
Buffalo MN 55313 4604
Parkers Prairie MN 56361 4878
Wadena MN 56482 0201
Parkers Prairie MN 56361 4744
Mondav, March 15. 2021 Page 1 of 1
Buffer Mail
Name
Roland li & Sunshine Gilbert
Home Again Ranch LLC
Chad J Kugler
Roman M Koep Disclaim Tst Etal
Address l
PO Box 201
14998 487th Ave
7688 5th St SE
318 Delaware St W
Address 2 City, State, Zip
Wadena MN 56482 0201
Parkers Prairie MN 56361 4878
Buffalo MN 55313 4604
Parkers Prairie MN 563614744
Monday, March 15, 2021 Page 1 of 1
Amy Busko
From:
Sent:
To:
Subject:
Attachments:
Brittany Tollefson
Tuesday, April 6, 2021 8:47 PM
Amy Busko
Fwd: Memo
Memo from Roland & Sunshine Gilbert_Perch Lake Variance.pdf
Roland sent this over. I figured you were the best person for it to go to to start with @
Brittany Tollefson
Inspector, Land and Resource Management
Otter Tail County
Office: 218-998-8103 | Cell: 218-770-2133
btollefs@co.ottertail.mn.us
From: Roland Gilbert <rolandgilbert2@yahoo.com>
Sent: Tuesday, April 6, 2021 7:24:33 PM
To: Brittany Tollefson <btollefs@co.ottertail.mn.us>
Subject; Memo
Hey Brittany,
To save time at the Thursday meeting, Sunshine & I would like to submit the attached memo. Can you pass this memo
on to the board members?
Please advise if this should be submitted to someone else.
Thanks,
Roland
When Sunshine & I purchased the property in 2000 we had plans to start building our forever
home. These plans were delayed a couple decades due to military commitments and being
deployed overseas.
The lake classification at the time of purchase was GD with a setback of 75-feet; we never had
intentions of building a house near the 75-foot setback of the lake due to the structure of the
land. When we moved a cabin on to the property, we placed it on the backside of the hill with
the idea that we could use the concrete foundation for a future garage.
Our plans were to build a Frank Lloyd Wright Prairie Style home at the edge of the hill, following
the natural slope of the hill, to build a walkout basement that blends & complements the land's
topography as much as possible. This would provide the opportunity to connect and flow with
the natural environment from all levels of the home. These 20 + year plans were designed with
direct consideration to the surrounding contour of the land and hillside.
In 2020, we purchased a home built by the Wadena high school shop class and began the
building permit process; this is when we were notified the lake designation was changed to NE
with a 200 ft setback.
We are not asking to be grandfathered into the 75-foot set back at the time of purchase. We
understand that today's decision is based on today's lake designation. However, we are hoping
this committee will authorize the 80-foot Variance so we can build at the edge of the hill and
have the walkout basement. If this variance is approved, our home would be at approximately
132-foot setback with a deck at the 120-foot setback (figuring a 12-foot deck) from the ordinary
hjgh-water level. We feel this plan limits the amount of dirt being moved and works best with
the physical features of the property.
Our goal was never about having our home closer to the water's edge, but to build in ways that
harmonize with nature while using the natural topography in our building plans. Building on
the edge of the hill, with a walk out basement offers the least impact on the land, less
excavation, and a natural insulation in this cold climate. Although this is a simple home, we are
hoping to channel a more Organic Architecture type of design by building within the natural
landscape as much as possible. In addition. Rain gutters and rain gardens will be designed to
ensure proper flow of water.
Thank you for your time and consideration
Roland & Sunshine Gilbert
Arr^Busko
From:
Sent:
To:
Cc:
Subject:
Attachments:
Amy Busko
Wednesday, April 7, 2021 9:28 AM
Rick Wilson; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas
(Tom) Lee
Chris LeClair; Kyle Westergard
Correspondence
Elliot Variance Correspondence 04-08-21.pdf; Barker Variance Correspondence
04-08-21.pdf; Mickelson Variance Corresondence 04-08-21.pdf; Olson Variance
Correspondence 04-08-21 Mtg.pdf; Gilbert Variance Correspondence 04-08-21 Mtg.pdf
Good morning-
Attached you will find Correspondence in regards to several variance applications.
Please note that the correspondence for the Gilbert Variance Request is from the Gilberts giving a little more
background for their 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
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