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1059928 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # f
was fiied/recorded in this office
for record on the Q dav of
imVWendy
by: I /i\iV.zl5^iuty"
well certificat^
/ ^(L
THE 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.co.ottertail.mn.us
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date MOM
Robert Dietrich DAYTIME PHONEPROPERTY OWNER
11099 71st Street SE, Verona, ND 58490-9326MAILING ADDRESS
56-243 GDMarion Lake LAKE CLASSLAKE NAMELAKE NUMBER
Rush LakeRANGE__^SECTION__^135 TOWNSHIP NAMETOWNSHIP
E-911
ADDRESS
PARCEL
NUMBER 53000070036006 40350 Misty Lane, Richville
LEGAL DESCRIPTION
See attached Exhibit A
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback ^ Structure Size Cluster Misc.Sewage System Subdivision
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
See attached Exhibit B
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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.
6-9-09
DATESIGNATURE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
poo*?OkDate Of Hearing Time
Motion
Robert Dietrich - Denied the variances as requested for the proposed structure and approved the variance for the
proposed subdivision as modified with conditions. (7:45 p.m.)
After consideration and discussion, Randall Mann made a motion, second by Thomas Lee and unanimously carried, to deny the
variances as requested for the location of the proposed structure and to approve the proposed subdivision with the following
conditions 1.) that each parcel must have at least 5000 square feet of area, 2.) each back lot parcel must be permanently attached
to the lake lots identified on the drawing submitted with the variance applications as Parcel A and Parcel B, 3.) the area contained
within the back lots cannot be used when determining impervious surface coverage for front lot development, and 4.) no
residential dwelling structures can be placed on the back lots.
Crfairman/Otter Tail County Board of Mjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Otficial/Date
bk 0106-001
V. Lundeen 324855
K
!
Attached Reason for Variance Request Robert Dietrich Property
Parcel No. 53000070036006
The backlot described in Exhibit A is in the process of being divided into Parcel A1 and Parcel
B1 as depicted in the attached survey. Applicant requests that Parcel A1 be permanently attached
to Pai'cel A and that Parcel B1 be pennanently attached to Parcel B. The baeklots allow for non-
residential structures to be built upon them. ■
Applicant will be owner of Parcel A1 and requests a variance of 11 feet from the current setback
requirements of 20 feet from the public road right-of-way and the railroad righf'of way (if
regulated) and a variance of 2 feet from the 10 foot sideyard setback requirement. Applicant
seeks a variance to build a typically-sized garage of 26 feet by 30 feet on the property labeled as
Parcel Al. [see Site Drawing Form] Due to the unique shape and characteristics of Parcel Al,
this will require a variance placing the garage not closer than 9 feet from each right of way and 8
feet from the sideyard boundary.
The unique pai'cel dimensions currently place a practical difficulty and/or particular hardship on
Applicant's reasonable use of his land. The granting of this variance request would be in
harmony with the general purpose and intent of the Shoreland Management Ordinance of Otter
Tail County in that other neighboring properties have similarly sized and situated garages in
relation to the road. The actual location of the road is only approximately 10 to 12 feet in width
and located to the most northerly portion of the road easement resulting in a more than sufficient
setback from the actual road location. The railroad is located on top of a hill and would not be
adversely affected from this requested variance. If granted, the new construction will enhance
the essential character of the locality and will provide the Applicant with no more than his
neighbors already enjoy.
EXHIBIT B
1 of 1 pages
Juty 2,-2009
Page # 3
Andrew Bye - Approved the variance application as requested. (7:36 p.m.)
Andrew Bye, Lot 3 Block 1 of Wall Lake Development No. 1, Wall Lake in Aurdal Township, requested a variance to
have Lot 3 Block 1 of Wall Lake Development No. 1 declared buildable for single family residential use. The lot has
95’ of width and 30,978 square feet of area. The required lot width is 200’ of width and 40,000 square feet of area.
The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the
variance as described in the variance application dated June 10, 2009. It was noted that the variance as approved is
consistent with past actions of the Board of Adjustment in this general area.
Rodney D. Peterson - Denied. (7:38 p.m.)
Rodney D. Peterson, part of Government Lot 8, Section 14/15 of Parkers Prairie Township by Horse Head Lake,
requested a variance of 76’ 2” (per application) from the required ordinary high water level setback of 200’ for the
placement of an addition to an existing dwelling 123’ 8” (per application) from the ordinary high water level. The
drawing submitted with the application indicates the setback from the ordinary high water level at 123.8’. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Michael Harris made a motion to approve construction no closer to the ordinary high water level than 150’.
This motion was withdrawn since the property already has a variance for a 150’ setback. After additional
consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to deny the
variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of
the variance as requested and the applicant can obtain a reasonable use of his property with the existing variance
which provides for construction at 150’ from the ordinary high water level.
Robert Dietrich - Denied the variances as requested for the proposed structure and approved the variance for
the proposed subdivision as modified with conditions. (7:45 p.m.)
Robert Dietrich, part of Government Lot 3, Section 7 of Rush Lake Township by Marion Lake, requested the following;
the back lot described in Exhibit A is in the process of being divided into Parcel A1 and Parcel B1 as depicted in the
survey drawing filed with the variance application. Applicant requests that Parcel A1 be permanently attached to
Parcel A and That Parcel B1 be permanently attached to Parcel B. The back lots allow for nonresidential structures to
be built upon them.
Applicant will be owner of Parcel A1 and requests a variance of 1T from the current setback requirements of 20’ from
the public road right-of-way and the railroad right-of-way (if regulated) and a variance of 2’ from the 10’ side yard
setback requirement. Applicant seeks a variance to build a typically-sized garage of 26’ by 30’ on the property labeled
as Parcel A1 on the drawing filed with the variance application. Due to the unique shape and characteristics of Parcel
A1, this will require a variance placing the garage not closer than 9’ from each right of way and 8’ from the side yard
boundary.
The unique parcel dimensions currently place a practical difficulty and/or particular hardship on Applicant’s reasonable
use of his land. The granting of this variance request would be in harmony with the general purpose and intent of the
Shoreland Management Ordinance of Otter Tail County in that other neighboring properties have similarly sized and
situated garages in relation to the road. The actual location of the road is only approximately 10 to 12’ in width and
located to the most northerly portion of the road easement resulting in a more than sufficient setback from the actual
road location. The railroad is located on top of a hill and would not be adversely affected from this requested variance.
If granted, the new construction will enhance the essential character of the locality and will provide the applicant with
no more than his neighbors already enjoy.
Nick Heydt, Attorney, and Darold Woessner, Contractor appeared with the applicant at the public hearing. The
audience was polled with no one speaking for or against the variance as requested. An email from George and
Clelene Bratten in support of the variance as requested was read for the record. After consideration and discussion,
Randall Mann made a motion, second by Thomas Lee and unanimously carried, to deny the variances as requested
for the location of the proposed structure and to approve the proposed subdivision with the following conditions 1.)
that each parcel must have at least 5000 square feet of area, 2.) each back lot parcel must be permanently attached
to the lake lots identified on the drawing submitted with the variance applications as Parcel A and Parcel B, 3.) the
area contained within the back lots cannot be used when determining impervious surface coverage for front lot
development, and 4.) no residential dwelling structures can be placed on the back lots.
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meete the County ra^drmments for piddk: rood r<ry^»mm fXEU) <3XYJAKone FU fiS-oq csD nx«3-oq as Tsz la-oqNDERSON lAND SURVEYING, INC.
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SCALE DRAWING FORMi
53000070036006
Tax Parcel Number(s)
!The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfieid(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
!
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1 inch = 29 feet gpragp drasdiig 20.02 %Scale Irrrpervious Surface Ratio
(Must Complete Worksheet On Other Side)
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9
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^lassifica tionKERMir laJORGUfE,C^ENFRALGERriynoATE or
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DEO. I GO, 7 9 6a < U’■H
SURVEY LINE75.01 ■>.57
150.300 0^
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LOT ^
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§ aPARCEL A
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DESDRIRTIOR
, C. iJ PUBLIC;S AfA.aiG'DO'DS ^RO.' A/1L/CEI
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THE N'Lr LINE OF
IE DEDICATED PUBLIC ROAD
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i Signature of Properly Owner iirFalliBK — 0207 8. MN • 1-800-346-4870* Fergus
329.086
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
26 X 30780Ft2Structure(s):
Ft2Deck(s):
12'wide by 9' loig drivesvay, type not determined108Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
888 Ft2TOTAL IMPERVIOUS SURFACE:
4,436 Ft2LOT AREA:
888 4,436 20.02 20,02 %X100 =
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE