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HomeMy WebLinkAbout55000990720001_Variances_09-11-20171199087 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/14/2017 10:14 AM RECBVED .I../ 0 5 2017 LAND&RESOroCE r-- CD FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N LOLOo X OD SCANNEDL&R Initial 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 OO Receipt Number ~ // Accepted By / Date ^ i We ll yCOMPLETE THIS APPLICATION IN BLACK INK /my^//€>CL •^7irv(^ V /-/ z.PROPERTY OWNER ^/ /<A «=C>Yy?Z-/_ 3JI/7^.^'^Axe.sc M. A. 6T//-3 DAYTIME PHONE MAILING ADDRESS LAKE NAMELAKE NUMBER LAKE CLASS /27SECTIONTOWNSHIP RANGE TOWNSHIP NAME 99^ 9:^cP9'0 " 9S‘^CP£P^PARCEL NUMBER E-911 _______________________ADDRESS,_______________ •> ¥■ - 4- 1^)00 c'/10 O LEGAL DESCRIPTION ^ , iO 7^97 / aP 9-3 6 51Y-3 c-f' ufc A/- /?' 5hollofSumryui7h9i0$7i{cU . TYPE OF VARIANCE REQUESTED (Please Check) Structure Size Sewage SystemStructure Setback Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 779ftl~ /jfScie See ^77F 7?9£ carre/or 9. 7Tt^9>^ rs l<j^ c u l. i) Tvt «p/v 77t^ eurnrAjr ' Meo fCjmt h Ywi/i ^ U^CuLi) £<S CUrV^/eA^d. 7z? soe~£)v'>£e/y 7/f£ce^ Jt ^Tiwfrcir^aaoo TajTO :S Lots so' -tt> bA -fV ^iiS a ^ f\^f\-)CA!iTcSt\97k,9 1,1V) Hipyr>f I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND 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 REGARDIN^HISJWATTER. / 7/r:/g/ A f-d-/7H/ *^GNATURE OF PRO TY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Victor Lundeen Co , Printers • Fergus Falls. Minnesota L. A?-TimeDate Of Hearing /!/rv/V^iA’iy' 4-ec^7 Motion Eric and Renee Sholl, Steve and Liz Sholl and Dan and Lisa Sholl - Variance application approved with a modification and a condition. (8:21 p.m.) November 9,2017 meeting - A letter from Steven Aakre, Attorney with Stefanson Law was presented to the Board for their review and consideration. Bill Kalar, Director - Land and Resource Department provided explanations regarding the County’s ordinance and how it relates to substandard contiguous lots and their ability to be conveyed separately. After significant discussion and consideration, Chris McConn made a motion, seconded by Darren Newville and unanimously carried, to approve the combination of Lots 33 and 34, Summer Haven Beach and one half of Lot 3 Block 3 Summer Haven Beach First Addition as a unit for residential development with the condition that the half of Lot 3 Block 3 is permanently attached to Lots 33 and 34 and to approve the combination of Lots 35 and 36, Summer Haven Beach and the remaining half of Lot 3 Block 3 Summer Haven Beach First Addition as a unit for residential development with the condition that the remaining half of Lot 3 Block 3 is permanently attached to Lots 35 and 36. The applicants had requested the ability to create three residential lots out of their five parcels. The variance as approved gives the applicants the ability to create two residential lots out of their five parcels. The Board of Adjustment felt that the creation of two lots would provide the applicants with a reasonable use of all their property. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No /Wf \u) }\Ii^jn Ljt Official/Date / ' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Page I 13 September 14, 2017 A , Patrick Peck - Variance application approved as requested. (7:56 p.ni.) Patrick Peck, Northeast Quarter of Section 32 of Scambler Township, requested the following: Requesting variance on County WECS Ordinance, which suggest a 600’ setback from wetlands. Due to siting and practical difficulties encountered we are asking for variance on setback distance relating to two small wetlands located within said distance. Said practical difficulties would render the project infeasible and prevent the Lake Region Electric Cooperative from obtaining low cost renewable energy. Asking for variance to be within 185’ of nearest wetland and 540’ at second wetland. Conditional Use Permit application will follow feedback and determination on variances. Aaron Thibert, Juhl Energy Development, Inc. and A1 Fazio, a representative from Lake Region Electric Cooperative appeared with the applicant at the public hearing. I'he audience was polled with no one speaking for or against the variance as requested. Bill Kalar, Director - Land and Resource Department provided a general overview of the WECS Ordinance. The practical difficulties are flight routes of the local airports, and locations of existing substations and feeder lines, shoreland management lake setback issues and wetland issues. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and carried with Thomas Lee abstaining, to approve the variance as described in the variance application dated October 18, 2017. It was noted that is a commercial wind tower project within a privately-owned property. The variances approved do not directly or indirectly grant any other variances for the proposed project or for any future development related to this project. Note - The members of the Board of Adjustment are suggesting that the County Board of Commissioners considered the possible need to have an ordinance to address solar panels. Katherine Ann DeDoiix - Variance application approved as requested. (8:14 p.m.) Katherine Ann LeDoux, West Half of Lot 14 and all of Lots 15 and 16 Kabicono Beach, Pelican Lake in Scambler Township, requested the following: We would like a variance from the 10’ setback line on our Northeast comer to 8’ 2”. Asking for 1’ 10” variance. Southeast comer in compliance. The audience was polled with no one speaking for or against the variance as requested. A letter from Wade and Eileen Stubson in support of the variance as requested was read for the record. Letters from Paul Opperman and John B. Steams addressing the property stake were read for the record. After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously can ied, to approve a variance of 1’ 10” from the required side lot line setback of 10’ for the placement of a stmcture as depicted on the drawing submitted with the variance application 8’ 2” from the side lot line. It was noted that the applicant acted in good faith. The variance as approved does not directly or indirectly grant any other variances for the proposed development of for any future development. Eric and Renee Slioll, Steve and Liz Slioll and Dan and Lisa Slioll ~ Variance application approved with a inodirication and a condition. (8:21 p.m.) Eric and Renee Sholl, Steve and Liz Sholl and Dan and Lisa Sholl, Lots 33, 34, 35 and 36 Summer Haven Beach and Lot 3 Block 3 Summer Haven Beach First Addition, Pelican Lake in Scambler Township, requested the following: Requesting that the above riparian lots be sub-divided into tliree lots instead of the current four. These three lots would then be 66’ instead of the current 50’. Also request to have lots buildable for single family use. Once approved a new survey would be completed. Also requesting to sub-divide Parcel # 55000990720000 into three lots 50’ each to be pemianently attached to a riparian lot and buildable for non-residential purposes. October 12, 2017 meeting - In attendance for the applicants were Eric and Renee Sholl, Liz Sholl and Lisa Sholl. Also appearing on behalf of the applicants was David Johnson their agent. The audience was polled with no one speaking for or against the variance as requested. An email from Vincent J. Esades in support of the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee to consider Lots 33 and 34 of Sumer Haven Beach including half of Lot 3 Block 3 Summer Haven Beach First Addition, which would be permanently attached to Lots 33 and 34 as a buildable parcel for residential use and to consider Lots 35 and 36 of Sumer Haven Beach including the remaining half of Lot 3 Block 3 Summer Haver Beach First Addition, which would be pemianently attached to Lots 35 and 36 as a second buildable parcel for residential use. It was noted that granting the variance as requested would establish precedence and would establish substandard lots. Minnesota Statute 394.36 Subdivision 5 was also discussed. The discussion focused on whether the provisions of this statute pertain to existing contiguous substandard lots as platted or if it this provision allow for the reconfiguration of existing contiguous substandard lots to meet the 67% mle. After additional discussion the previous motion was withdrawn. After additional consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried with the verbal pemiission of the applicants to table this public hearing until the November 9, 2017 meeting of the Board of Adjustment so that the applicants will have an opportunity to consider the variance being offered and to do additional research regarding the reasons why their original request should be approved. N o V e m b e r 9 .2 0 17Page 4 of 5 Eric and _Rence Slioll, Steve and Liz Slioll and Dan and Lisa Shell - Variance application approved with a modification and a condition. (8:21 p.m.) November 9, 2017 meeting - A letter from Steven Aakre, Attorney with Stefanson Law was presented to the Board for their review and consideration. Bill Kalar, Director - Land and Resource Department provided explanations regarding the County’s ordinance and how it relates to substandard contiguous lots and their ability to be conveyed separately. After significant discussion and consideration, Chris McConn made a motion, seconded by Darren Newville and unanimously carried, to approve the combination of Lots 33 and 34, Summer Haven Beach and one half of Lot 3 Block 3 Summer Haven Beach First Addition as a unit for residential development with the condition that the half of Lot 3 Block 3 is pennanently attached to Lots 33 and 34 and to approve the combination of Lots 35 and 36, Summer Haven Beach and the remaining half of Lot 3 Block 3 Summer Haven Beach First Addition as a unit for residential development with the condition that the remaining half of Lot 3 Block 3 is pemranently attached to Lots 35 and 36. The applicants had requested the ability to create three residential lots out of their five parcels. The variance as approved gives the applicants the ability to create two residential lots out of their five parcels. The Board of Adjustment felt that the creation of two lots would provide the applicants with a reasonable use of all their property. Catrina Peterson - Tabled Catrina Peterson, Lot 3 Pischke —Taylor First Addition, Spitzer Lake in Leaf Mountain Township, requested the following: Replace existing dwelling. Requesting a variance to construct a dwelling and a non-dwelling no closer than 100’ from the ordinaiy high-water level. Reason for request unable to meet 200’ setback due to lot size and lake on both sides. All other requirements would be met. July 13, 2017 meeting - The audience was polled with no one speaking for or against the variance as requested. Two letters from Dwight Eric Robertson in opposition to the granting of the variance as requested and noting that he was the legal owner of the property where placed in the file. Catrina Peterson presented a letter from Ryan D. Fullerton, Attorney with Pemberton Law which disputed Mr. Robertson’s ownership claim. After discussion and consideration, Thomas Lee made a motion, with the applicant’s (Catrina Peterson) verbal permission, to table the public hearing on this application until the ownership issue has been resolved. This motion was seconded by Darren Newville and unanimously carried. August 10, 2017 meeting - A letter was received on Friday, July 28, 2017 requesting that the public hearing be tabled until the September 14, 2017 meeting of the Board of Adjustment. September 14, 2017 meeting — A postcard from Dwight Robertson in opposition to the requested variance was noted for the record. Prior to the meeting Catrina Peterson called the office and requested the continuance of the public hearing until the October 2017 meeting of the Board of Adjustment. October 12, 2017 meeting - No action taken. November 9, 2017 meeting - No action taken, waiting for ownership issues to be resolved. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:57 p.m. Prepared by: Wayne Stein, Secretary The minutes were mailed on Monday, November 13, 2017, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. N 0 \' e m b e r 9 , 2 0 17Page 5 of 5 MINUTES OF TFfE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, October 12,2017 The Otter Tail County Board of Adjustment met Thursday, October 12, 2017, with the following persons in attendance: Chris McConn Steve Schierer Paul Larson Darren Newville Alexander Kvidt, Land and Resource Management David Hauser, County Attorney Thomas Lee Jack Rosenthal Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the September 14, 2017 meeting as mailed. The Board of Adjustment considered the following applications for variance: Eric and Renee Sholl, Steve and Liz Sholl arid Dan and Lisa Sholl - Tabled. (6:32 p.m.) Eric and Renee Sholl, Steve and Liz Sholl and Dan and Lisa Sholl, Lots 33, 34, 35 and 36 Summer Haven Beach and Lot 3 Block 3 Summer Haven Beach First Addition, Pelican Lake in Scambler Township, requested the following: Requesting that the above riparian lots be sub-divided into three lots instead of the current four. These three lots would then be 66’ instead of the current 50’. Also request to have lots buildable for single family use. Once approved a new survey would be completed. Also requesting to sub-divide Parcel # 55000990720000 into three lots 50’ each to be permanently attached to a riparian lot and buildable for non-residential purposes. In attendance for the applicants were Eric and Renee Sholl, Liz Sholl and Lisa Sholl. Also appearing on behalf of the applicants was David Johnson their agent. The audience was polled with no one speaking for or against the variance as requested. An email from Vincent J. Esades in support of the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee to consider Lots 33 and 34 of Sumer Haven Beach including half of Lot 3 Block 3 Summer Haven Beach First Addition, which would be permanently attached to Lots 33 and 34 as a buildable parcel for residential use and to consider Lots 35 and 36 of Sumer Haven Beach including the remaining half of Lot 3 Block 3 Summer Haver Beach First Addition, which would be permanently attached to Lots 35 and 36 as a second buildable parcel; for residential use. It was noted that granting the variance as requested would establish precedence and would establish substandard lots’ Minnesota Statute 394.36 Subdivision 5 was also discussed. The discussion focused on whether the provisions of this statute pertain to existing contiguous substandard lots as platted or if it this provision allow for the reconfiguration of existing contiguous substandard lots to meet the 67% rule. After additional discussion the previous motion was withdrawn. After additional consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried with the verbal permission of the applicants to table this public hearing until the November 9, 2017 meeting of the Board of Adjustment so that the.applicants will have an opportunity to consider the variance being offered and to do additional research regarding the reasons why their original request should be approved. Lepetomane Properties LLC - Denied. (7:00 p.m.) Lepetomane Properties LLC, part of Lots 44 and 45 Provan Beach, Pelican Lake in Dunn Township, requested the following: The statue is about 5’ over allowed height - 20 feet. Statue also needs to be closer than the shore line limit - 75’. To be visible from lake. Being 25’ in height, 10’ from the ordinary high-water level and 0’ from the top of the bluff (roadside of existing park bench.) The applicant was represented by Dirk Lenthe. The audience was polled with no one speaking,for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Steve Schierer and carried with Jack . Rosenthal abstaining and with Thomas Lee voting no, to deny the variances as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. It was noted.that the granting of the variance as requested would establish precedence and the applicant does have a reasonable use of the property without the granting of the requested variances. Roxanne Loftesness Trust- Variance application approved as requested with a condition. (7:13 p.m.) Roxanne Loftesness Trust, part of Government Lot 8, Section 3 of Nidaros Township by Stuart Lake, requested the following: Requesting variance for second story over existing structure footprint. The structure will be no closer to ordinary high-water level. No change to structure. Tim Loftesness represented the applicant at the public hearing. The applicant’s contractor also was in attendance. The audience was polled with no one speaking for or against the variance as requested. Page I 1 of 3 October 12, 2017 Wayne Stein Vincent J. Esades <yesades@heinsmills.com> Wednesday, September 27, 2017 10:12 AM Wayne Stein Variance Hearing October 12 From: Sent: To: Subject: Dear Wayne: I am writing in support of the variance requested by the Sholl's - The property concerned in the application is legally described as Lots 33, 34,35, and 36 Summer Haven Beach and Lot 3 Block 3 Summer Haven Beach First Addition, Property Address - 20835 Summer Haven Road - 56572 Section 12, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD. I own the property directly adjacent to their property and I see no reason their request for variance should not be granted. Please contact me if you have any questions. Vincent J. Esades Heins Mills & Olson, P.L.C. 310 Clifton Avenue Minneapolis, MN 55403 Heins Mills & Olson, p.l.c. www.heinsmills.com Phn: (612)338-4605 Fax: (612)338-4692 ‘•'Privilege and Confidentiality Notice*" The information contained in this e-mail message is attorney-client privileged and/or confidential information intended for the use of the named recipient only. You are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited. If you have received this communication in error, please immediately notify the sender by replying to this electronic e-mail or call us at (612) 338-4605. Thank you.■V.' 1 h ;Tif ! SCAtiE DRAWING FORK/ : r f I ^^7l0r)/4KS'ODo/ / Tax Parceyfjumber(s) '! 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To Whom It May Concern: Eric and Renee Shell Steve and Liz Shell Dan and Lisa Shell 3217 23^'* Ave S Fargo, ND 58103 has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 12, 2017 at 6:30 p.m. in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lots 33, 34,35, and 36 Summer Haven Beach and Lot 3 Block 3 Summer Haven Beach First Addition, Property Address - 20835 Summer Haven Road - 56572 Section 12, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Peiican, Class - GD The variance requested is the following: Requesting that the above riparian lots be sub-divided into three iots instead of the current four. These three lots would then be 66’ instead of the current 50’. Also request to have lots buildable for single family use. Once approved a new survey would be completed. Also requesting to sub-divide Parcel # 55000990720000 into three lots 50’ each to be permanently attached to a riparian lot and buildable for non-residential purposes. 'PUc^ne Stein Board of Adjustment Secretary September 22, 2017 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25th, day of September, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Eric and Renee Sholl, Steve and Liz Sholl, Dan and Lisa Sholl, 3217 23'^^ Ave S, Fargo, ND 58103 Lou Ann Zurn, Twp Clerk of Scambler, 47351 173*^^ Ave, Pelican Rapids,MN 56572 Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson RD, Detroit Lakes, MN 56501 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, 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: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Jack Rosenthal, 105 Willow Rd, Ottertail, MN 56571 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: September 15th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Ma/iderud HARRY W & LINDA R BOSCH 1405 GATEWAY CIR E FARGO, ND 58103 3617 BRUCE BRIERELY TRUSTEE 2512 S PENNINGTON MESA, AZ 85202 7451 DAVID & REBECCA BERG TSTS 4402 CARRIE ROSE LN S FARGO, ND 58104 6818 DAHL LAKE PROPERTY LLC 2308 27TH AVE S FARGO, ND 58103 5449 MARJORIE DOPPLER ETAL 710 RESERVE AVE N THIEF RIVER FALLS, MN 56701 2142 GREGORY BUTLER 825 28TH STS UNITE FARGO, ND 58103 2325 SHARON A GORTON 405 MILL E PO BOX 377 PELICAN RAPIDS, MN 56572 377 VINCENT J & TRACI ESADES 3134 BENJAMIN STNE MINNEAPOLIS, MN 55418 2326 GFB REALTY OF ND LLC 825 28TH STS UNITE FARGO, ND 58103 2325 JOHN GORTON 205 4TH ST SE PO BOX 490 PELICAN RAPIDS, MN 56572 490 GEORGE L GORTON PO BOX 377 PELICAN RAPIDS, MN 56572 377 HA DAHL FAMILY LLLP 2308 27TH AVE S FARGO, ND 58103 5449 ALBERT E III & DANITA LERBERG 977 BRIDGEWATER DR PRESCOTT, AZ 86301 6663 DALE F & GREGORY G HUDSON 3226 1ST STN FARGO, ND 58102 1103 JP WOLD LLP 505 40TH STS UNIT D FARGO, ND 58103 1184 GEORGE C MATROS 20729 PELICAN DR S PELICAN RAPIDS, MN 56572 7073 JAMES M SANDEN ETAL 2806 27TH ST SW FARGO, ND 58103 5033 SAVRE HUTTTST 1225 CRANE ST STE 108 MENLO PARK, CA 94025 4253 WILLIAM SHOLL ETAL PO BOX 2220 FARGO, ND 58108 2220 TO THE PUBLIC UNITED STATES OF AMERICA \ received WV 0 4 2017 OTTER Tail co. auditor FERGUS FALLS, MN Stefanson Law A Professional Limited Liability Partnership Lawyers U.S. Bank Building ■ 403 Center Avenue ■ Suite 302 P.O. Box 1287 Moorhead, Minnesota 56561-1287 Randolph E. Stefanson (mn a nd) Dan Plambeck (mn & nd) Bruce A. Schoenwald (mn a nd) Steven K. Aakre (MN a nd)(218) 236-1925 FAX (218) 233-1359 Email:saakre@stefansonlaw.comToddW. Foss (1955-2010) November 2, 2017 Otter Tail County Board of Adjustment Otter Tail County Government Services Center SlOFir Ave W Fergus Falls, MN 56537 Re: Sholl Application for Variance Lots 33, 34, 35 and 36, Summer Haven Beach and Lot 3 Block 3 Summer Haven Beach First Addition Dear Board Members, Our office represents Eric Sholl, Steve and Liz Loge, and Dan and Lisa Sholl, whose application for variance was tabled at the Board of Adjustment meeting on October 12, and will be further considered at the Board’s meeting November 9. This letter is submitted to urge that the variance be granted. The applicants’ mother, Norma Sholl, bought Lots 33 through 36 in 1983. In May of 1998, Norma recorded a life estate deed, naming her children as owners of the property after her death. Norma died in 2003, at age 81. As shown by the attached Application for Variance and Scale Drawing Forms, the water frontages for the lots are: Lot 33: 48 feet Lot 34: 50 feet Lot 35: 50 feet Lot 36: 49.8 feet Total: 197.8 feet. -1- ! Applicable Ordinances and Statutes Under the Shoreland Management Ordinance, the minimum water frontage is 100 feet. Structures may be erected on single lots that are less than the established minimum areas and width if the lots existed before October 15, 1971. However, if two or more contiguous lots were under the same ownership on February 5, 1992, any. individual lot that did not meet the minimum area or width may not be considered as-a separate parcel for conveyance or development, and must be combined with one or more contiguous lots in order to meet, or closely approach, the minimum lot size requirements. Shoreland Management Ordinance IV. General Requirements, paragraph 13.B. This restriction does not apply where each contiguous substandard lot complies with Minnesota Statutes 394.36, Subd. 5, which provides: (c) In a group of two or more contiguous lots of record under common ownership, an individual lot must be considered, as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (l)-the lot must be at least 66 percent of the dimensional standard lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; (2) the lot must be . . . suitable for the installation of a Type I sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4) development of the lot must be consistent with an adopted comprehensive plan. > ' Shoreland Management Ordinance V:' Administration.vparagraph 6 sets out the criteria for granting variances: Variances from standards are permitted only when they are in harmony with the general purposes and intent of the ordinance. Subparagraph 6. A. Variances may be granted when the applicants establish that there are practical difficulties in complying with the ordinance. “Practical difficulties” mean that the owner proposes to use the property in a reasonable manner not permitted under the ordinance, the landowner’s plight is due to circumstances unique to the property and not created by the landowner, and the variance will not alter the essential character of the locality. Subparagraph 6.B. Economic considerations alone do not constitute practical difficulties. Subparagraph 6.C. - -2- The Board of Adjustment may consider whether the variance will secure for the applicants the rights that are enjoyed by others in the same area, whether existing sewage treatment systems on the property will need upgrading, and whether granting the variance will be contrary to the public interest or damage rights of other persons or property values in the neighborhood. Subparagraph 6.H. The applicants satisfy these requirements. Granting this variance would (1) relieve the owners of “practical difficulties,” (2) upgrade the sewage treatment and improvements on the property, (3) allow use consistent with other lakeshore residences, and (4) enhemce property values in the neighborhood. “Practical difficulties” The Sholl family application is for a reasonable use — to allow construction of new lakeshore residences. This is consistent with the essential’character of the development around Pelican Lake, and will iniprove property values in the neighborhood as an older cabin is replaced with modem structures. The family’s plight is a unique problern. Their mother bought the four lots in 1983, when separate ownership and development of 50-foot lots was allowed, and continued to own them until her death in 2003. The requirement for combining contiguous lots took effect on February 5, 1992. The current owners — the children of Mrs. Sholl — have no information as to whether she became aware of the need to change their ownership before 1992. In any event, the current owners did not create the problem, as they did not own the lots in 1992. b.' A variance to allow the combination of four lots into three lots is what would would be allowed if the lots were not required to be combined, due to their common ownership. See Minnesota Statutes 394.36, Subd. 5, which provides in subparagraph (c) (1) that a lot must be considered as a separate parcel if it is at least 66 percent of the dimensional standard lot width and lot size for the shoreland classification. Upgrading sewage treatment In addition to the four lots on the lakelfont, the applicants own a back lot that measures 150 feet by 150 feet. As shown in their application, the Sholls would survey this back lot and permanently attach the parcel to the front lots for purposes of installing new septic systems per design approved by the county. This would replace the existing septic tank that is located on Lot 34, moving the septic treatment further away from the lake and onto an area large enough for the updated systems. '•‘r -i Consistency with other lakeshore residences Granting the variance will allow the applicants to build residences that are consistent with uses around the lake. The resulting lots, each with 66 feet of frontage, would impose less density on the lake than the current single lots, many of which are 50 feet, that have been grandfathered in -3- because they were single lots not under the same ownership as adjacent lots. Those grandfathered lots are still treated as separate parcels for sale and development. Enhanced property values The total assessed value for 2017 for the single lake cabin on the four lakefront lots, with the back lot, is $832,200. Replacement of the old cabin with three newer structures, served by upgraded septic systems, will add to the value, and the real estate tax revenues from the parcels. Respectfidly yours. / '7/ f.eh K. AefeJe CC; Otter Tail County Attorney -4-