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Home My WebLink About53000990493000_Variances_09-10-2020Variances 2 Barcode 128 ^-I0-2DW 1244709Date Stamp CAROL SCHMALTZ OTTER TAIL COUHTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/21/2020 01:58 PM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N i.ri r-<, i rj"i O cc> Ki VO scan:;z3O'J L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE9jCOUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.orter-tail.mn.usoTTcn Tim Application Fee Receipt Number 3i7J BM-ZD lOu-yDateAccepted by Property Owner BrgdUcxM A vJ/lAhjrName Address City ^fkrhx.m state Mk] Zip Q7Qc/Daytime Phone Email f • C^ft> Parcel Information j Lake NameLake No j |a|Lake Class 6 D er^oooqqo4q?>coDParcel Number(s) Parcel Number(s) |t;-afCOOO|.4o4^4000l Lrf- ' LaLc'r-enU- fo'a cV) \3//^‘$/37Section. Township Name Legal Description <=r mnI TYPE OF VARIANCE REQUESTED (Please Check) Physical Address □□□Structure Setback H SubdivisionSewage SystemStructure Size m□ □ MisceiianeousClusterWECS VanlonOat*: 0«07/2a2D 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC OTTER TAIL COUNTY ORDimNCt: . A C SECtiON OF ORDINANCE: HI i ^ We desire to expand the existing patio and construct a screened porch. The screen porch will be approximately 33' from the ordinary high-water level as measured by Land & Resource Management, the required setback is 75'. We also request a variance for the Shore Impact Zone Impervious Surface Coverage as we will increase the coverage by 206 sq. ft. for a total of 1,276 sq. ft. coverage in the Shore Impact Zone. Please note that our lot is a substandard lot of record created in 1969 which makes it difficult to make improvements without a variance. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMEI^ ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANiTATION CODE/SETBACk ORDINANCE AND/OR WEtS 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 APPUCATION. DURING THE COVID-19 PUBUC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, 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 APPUCATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBIUTY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. _ DATEmilER/AGENT FOR OWNERS ^ L2 APPLICANT MUST BE -PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/TIrne of Hearing) TimeDate of Hearing i-' ^3 Motion Bradley & Patricia Wagner - Variance Request Denied (6:51 p.m.) After consideration and discussion, Douglas Larson made a motion seconded by Darren New\'ille and carried by roll call vote to deny the variance request as the proposed project is to close to the lake and concerns with blocking neighbors’ views. 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. Chalil'man/Otter Tail County Board of Adjustment ______ ________ %Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Officlal/Date 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflll 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:Bradley & Patricia Wagner Address/Parcel No. 45932 375'^ St. / 53000990493000 & 53000990494000 Requested Variance: We desire to expand the existing patio and construct a screened porch. The screen porch will be approximately 33' from the ordinary high-water level as measured by Land & Resource Management, the required setback is 75'. We also request a variance for the Shore Impact Zone Impervious Surface Coverage as we will increase the coverage by 206 sq. ft. for a total of 1,276 sq. ft. coverage in the Shore Impact Zone. Please note that our lot is a substandard lot of record created in 1969 which makes it difficult to make improvements without a variance. Otter Tail County Ordinance: X Shoreland Mgmt. u Sanitation, j Subdivision, u WECS LI Dock & Riparian Use l1 Setback Ord. Ordinance Section Citation: III. 4. A., IV. 8. B. and IV. 12. 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: Provide a screen porch as their parents will be moving in and are both in wheel chairs and by placing the enclosed screen porch in this location which has a sliding door that will allow wheel chair access to the proposed screen porch. This is also no closer to the lake than the existing. 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... X No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The proposal does not meet setbacks 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). n Yes, the property owner is proposing to use the property in a reasonable manner... X No, the property owner is NOT proposing to use the property in a reasonable manner... ...because; The proposal will block the view of the adjacent owners. 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.... X No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The intent of the ordinance is to maintain the distance from the structure and the required setbacks. The increase of impervious surface in the shore impact zone with the proposal when there is already issues with ice damage. 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: 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.... 0 No, the issuance of the variance is only for economic considerations... ...because: the requested variance.The Otter Tail County Board of Adjustment: APPROVES DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 10, 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. Bradley & Patricia Wagner - Variance Request Denied (6:51 p.m.) Bradley & Patricia Wagner. Lot 13 & 14 - St. Lawrence Beach, Rush Lake (56-141) in Rush Lake Township requested the following: We desire to expand the existing patio and construct a screened porch. The screen porch will be approximately 33’ from the ordinary high-water level as measured by Land & Resource Management, the required setback is 75’. We also request a variance for the Shore Impact Zone Impervious Surface Coverage as we will increase the coverage by 206 sq. ft. for a total of 1,276 sq. ft. coverage in the Shore Impact Zone. Please note that our lot is a substandard lot of record created in 1969 which makes it difficult to make improvements w ithout a variance. Bradley & Patricia Wagner, property owners, represented the variance application via Go l oMeeting. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion. Douglas Larson made a motion seconded by Darren New ville and carried by roll call vote to deny the variance request as the proposed project is to close to the lake and concerns w ith blocking neighbors' views. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed 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 ABSENT ABSTAINNAYYEA XThomas Lee XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Judd Fischer - PC Member X Kelly & Jill Cieiger- Variance Application Approved with Condition (7:09 p.m.) Kelly & Jill Geiger. Lot 7 - Broadwater Beach 2"^ Addn.. Pelican Lake (56-786) in Dunn Due to the substandard size of the lot w e are requesting to be at 33% building + other impervious surface versus the required 25%. The lot currently has an old. defunct garage that violates various setback ordinances and is the eyesore of Broadwater Drive and we would like to upgrade. Due to location of the septic we are requesting to be 14ft from road right of way versus the required 20 ft. Due to location of septic we are requesting to be 6 ft away from septic holding tank versus the required 10 ft. Kelly Geiger, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion. Darren New ville made a motion, seconded by Michael Donoho and carried by roll call vote to approve the variance request to replace the existing detached garage being 14 feet from the road right of way and 6 feet from the holding tank w ith the condition that the existing impervious surface coverage cannot exceed the current impervious surface coverage of 27.41%. 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 follows: Board of Adjustment YEA NAY AB.SENT ABSTAIN XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X Terry Marthaler Judd Fischer - PC Member X X Board of Adjustment September 10. 2020 Page I 4 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: Bradley & Patricia Wagner 45932 375'^ St. Perham MN 56573 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, September 10, 2020 at 6:00 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: Legal Description;Parcel No. - 53000990493000 & 53000990494000 Lot 13 & 14 - St. Lawrence Beach Section 13, Township 135, Range 39 Township Name - Rush Lake Rush (56-141), General Development (GD) 45932 375'^ St., Perham MN 56573 Lake Name/Number/Class: Property Address: The variance requested is the following: We desire to expand the existing patio and construct a screened porch. The screen porch will be approximately 33' from the ordinary high-water level as measured by Land & Resource Management, the required setback is 75'. We also request a variance for the Shore Impact Zone Impervious Surface Coverage as we will increase the coverage by 206 sq. ft. for a total of 1,276 sq. ft. coverage in the Shore Impact Zone. Please note that our lot is a substandard lot of record created in 1969 which makes it difficult to make improvements without a variance. Amy liusko Board of Adjustment Secretary August 27, 2020 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 E;-" 'Ift? LoV-LO- NNOT -to 5Cal£ M' ' m Si¥tev^mr \n SrZ^Vyj£4§<sm f4-. in -Si Z-)jLj »-uO &o 4 lOlO CuAAl/t>^ In ^12-if \ M ^ I* S1Z- (#4 . \<^\t>" I'lo'/S^J;t WtKf IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious Surface Existing ^ Buildings ProposedProposedExisting Ft"Ft"Ft"Ft"■i JVOO ^^0 Deck(s) Patio(s) Dwelling_____ Attached Garage Detached Garage __Storage Sh&^ WOAS " RCU Miscellaneous ^dAiJthcL^ZCJb-22-1_Sidewa|k(s) Landing(s) ___ Driveway(s) _ Parking Area(s) Retaining Wall(s) Landscaping (PiasUc fianioij SI 2- Miscellaneous 2-0 (c14ME1£)3_5.TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Lot Area Impervious Surface Ratio TotalExisting Proposed Ft"Ft" Ft"Ft"Total Buildings - M P.I2-M-D 12-Ami 100+ll Buildings + Other Impervious Surface Percentage Maximum Allowable 2S% Impervious Surface Ratio Total Lot AreaExisting ProposedTotal Buildings + Other Impervious Surface Ft"Ft"Ft"Ft" 0-'ll2-C?(pM8i+ LH Online Permitting Forms 2016: Impervious Surlace Calculation Worksheel 04-11-2016 Signatur^ ! SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. 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. Pet # 76. Shore Impact Zone (SIZ>: Existing Ft^Proposed FF mBuilding(s) peck(s)___ Pabq(s) Sidewalk(s) Z.2.1 Landing(s) Drive way(s|____ _^rking Area(s)i Retaining Walj(s) Landscaping Cl-lasliL Baiiief)_______Miscellaneous TOTAL ProposedExisting TotalTotal Shore Impact Zone Imperyious Surface Ft^FF FF Maximum Allowable 260 Ft' 12-1U20 fc1010+ LR: Online Permilling Forms 201G: Impervious Surface Calculation SI2 04-11 2016 Date:Signature:/i I 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 27‘^ day of August, 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 Pamela Moe, Clerk Rush Lake Township 43394 Round Lake Dr. Ottertail MN 56571 Rush Lake Assoc. Inc. PO Box 42 Perham MN 56573 Bradley & Patricia Wagner 45932 St. Perham MN 56573 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 56573dT^c^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pyl^Big Pine: Pelic^ FistVBass & 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 UJ LittI 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: Judd Fischer, 711 Sunset 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 File 1Dated: August 27, 2020 Extra BOA Members 5 PC Member Envelopes, TOTAL NOTICES TO PRINT___ I I Added to Agenda i__I Map [)^ Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus 6Amy Busko, Secretary Otter Tail County Board of Adjustment 1'Mk MinutesBy:11Amy Busko 24 l:\BOA\September BOA\Wagner Affidavit (141) 09-10-20.doc Buffer Parcels Parcel No Addr2 Citv St ZioAddrlName 1 Name 2 Perham MN 56573 905947000180126000 Edward C Melo 45404 County Highway 14 Perham MN 56573 883647000180126002 Peter J & Sandra Waldon 37538 460th Ave Perham MN 56573 883647000180126004 Peter J & Sandra Waldon 37538 460th Ave Perham MN 56573 900953000130071000 Richard A & Francine M Guck 45671 County Highway 14 Perham MN 56573 901753000130071002 Brian E & Susan R Nelson 45778 375th St 53000130071004 Robert & Peggy Anderson 1751 Charleswood Estates Dr West Fargo ND 58078 4201 Perham MN 56573 901853000130071008 Peter M & Karen K Dzubay 45874 375th St Perham MN 56573 901853000130071011 Gwen M Hoffman 45854 375th St Perham MN 56573 901853000990490000 Peter M & Karen K Dzubay 45874 375th St New York Mills MN 56567 901953000990491000 Ann Myers 53246 370th St New York Mills MN 56567 901953000990492000 Ann Myers 53246 370th St Perham MN 56573 901853000990493000 Bradley A & Patricia A Wagner 45932 375th St 53000990494000 Bradley A & Patricia A Wagner Perham MN 56573 901845932 375th St Perham MN 56573 901853000990495000 Kristopher L Anderson 45968 375th St Dilworth MN 56529 153153000990496000 Brian L Gronewold Et Al 1008 6th Ave NE Page 1 of 1Tuesday, August 18. 2020 Buffer Mail Address iName Address 2 City, State, Zip Kristopher L Anderson 45968 375th St Perham MN 56573 9018 Robert & Peggy Anderson 1751 Charleswood Estates Dr West Fargo ND 58078 4201 Brian L Gronewold Et Al 1008 6th Ave NE Dilworth MN 56529 1531 Peter M & Karen K Dzubay 45874 375th St Perham MN 56573 9018 Richard A & Francine M Guck 45671 County Highway 14 Perham MN 56573 9009 Gwen M Hoffman 45854 375th St Perham MN 56573 9018 Edward C Melo 45404 County Highway 14 Perham MN 56573 9059 Ann Myers 53246 370th St New York Mills MN 56567 9019 Brian E & Susan R Nelson 45778 375th St Perham MN 56573 9017 Bradley A & Patricia A Wagner 45932 375th St Perham MN 56573 9018 Peter J & Sandra Waldon 37538 460th Ave Perham MN 56573 8836 Tuesday, August 18, 2020 Page 1 of 1