HomeMy WebLinkAbout56000090051001_Variances_04-11-2019Variances
2
Barcode 128
SCANNEDDate StampRECEIVED
MAR 1 2 2019
LAND&RESOURCF
I22I022
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ONAHL&R Initial
Li jz 1 Li 1 y uo: LIDTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER E; 46,00
AGES 7
WELL CERTIFICATE REC'Ds H
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s VVebsite: www.ottertailcountvmn.us
OOApplication Fee
-C^cn______Accepted By / Date /\Pj^YV ^ izj
7ul • -
f^cAid hY!LpO^3
COMPLETE THIS APPLICATION IN INK Receipt Number
DAYTIME PHONEPROPERTY OWNER
/A^^ SMAILING ADDRESS i C
, CE-MAIL ADDRESS
GD3^5 LAKE CLASSLAKE NUMBER LAKE NAME
RANGE 04 'S-Wx,-' Ic^ ir v_TOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER S(c00QqSoc4 I.lo I
/rU\J
LEGAL DESCRIPTION ,ZoA^<^
pr GL Z-
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TYPE OF VARIANCE REQUESTED (Please Check)
WECS Misc.ClusterSewage System SubdivisionStructure SizeStructure Setback
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.
OTTER TAIL COUNTY ORDINANCE: 30S^ \c\ i')c\
e4lLASECTION OF ORDINANC
VARIANCE REQUEST:
( Q- (c".
4<s ’
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jZ.7 -f O v4^
OL
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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.
CO
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER... o4:1.
5''>C.-J
li O'-.(4.7
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE h.j
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
w■I
OFFICE USE ONLY
11 !./y?.TimeDate Of Board of Adjustment Hearing
Motion
Dustin Dodd - Variance Application Approved as Requested (8:00 p.m.)
April 18, 2019 - The audience was not polled. After consideration and discussion, Darren Newville made a motion, second by Rick
Wilson and unanimously carried to table with verbal permission of the applicant at this public hearing until the May 9, 2019 meeting
of the Board of Adjustment to allow the Board of Adjustment members to get clarification of the Statute in reference to an expansion
of a non-conforming structure.
May 9, 2019 - The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion Darren Newville made a motion, second by Kenneth Vorderbruggen and unanimously carried to approve the variance as
requested to construct a 2"‘' Story to the existing dwelling being 48 ft. from the Ordinary High Water Level and 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
official part of the minutes which has been placed on file with the Land & Resource Management Department. Hardship/practical
difficulty is the placement of the existing structure on the lot which was built in 1940. The variance as approved does not directly or
indirectly grant any other variances from proposed or future development.
as an
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
'’tA- Yes (Contact Land & Resource Management)
No
kr^bujlLo
Official/Date
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
368,804 • Victor Lundeen Co., Printers • Fergus Falls, MN * 1-800-346-4870CL 01122019-001
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCRTimoovatT-aiatiief•
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
Address/Parcel No. 38623 County Hwv 41, Dent MN 56528/56000090051001Applicant: Dustin Dodd
Requested Variance: Required 75* setback to lake; requesting a TV variance to be 48' from the OHWL. House is currently
less than 75' (see drawing on file at Land 8t Resource Management) if you count the bog. I would be compliant. Not
changing the existing footprint, want to add a 2"** story. See blueprint on file at the Land & Resource Management
Office.
Otter Tail County Ordinance: ISI Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation III District Requirements, 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 j/JaS > - j
•A ~Jhdi^ of- ^.
CRITERIA / BOARD OF ADJUSTMENT MEMBER SS DN KV PCDL TL
1. Is the variance in harmony with the general purposes of the official
control?
2. Is the property owner proposing to use the property in a reasonable
manner not permitted by an official control?
3. Is the need for a variance due to the circumstances unique to the
property not created by the landowner or prior landowners?A?/ f\AUWh^
4. Will the issuance of the variance maintain the essential character of
the locality?;h
5. Does the need for the variance involve more than just economic
considerations?
Facts supporting the answer to each question above, together with those other facts that exist in the record, are hereby certified to
be the Findings of the Board of Adjustment.
The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES
This decision is based on:
Application
Information received at public hearing
Staff report
Pictures
Viewing by_____members of the Board of Adjustment
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED:
Board of Adjustment Chair
1. Is the variance in harmony with the generai purposes and intent of the officiai controi? (The board shall consider the
purposes and intent of the official control).
Yes, the variance is in harmony withthe generai purposes and intent of the officiai controi because the proposal does not
increase the impervious surface coverage.
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 ovyner is proposing to use the property in a reasonable manner not permitted by the official control
because the proposal is an improvement and they need to make the dwelling larger for their family. They will not be
going any closer to the lake then the existing dwelling as they are only adding a Z"** story to dwelling.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
landowners? (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 a variance is due to the circumstances unique to the property not created by the landowner because
the dwelling was built in 1940 which was prior to him owning the property.
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 iocality because there have been variances
granted in the past on properties similar to this proposal.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider ifeconornics
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 a variance does involve more than just economic considerations because it is a 2"’‘ story addition to the
existing dwelling that was built in 1940.
The Board of Adjustment may impose conditions in the granting of variances. A condition rhust 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.
■ ;1173587
I CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
04/29/2016 1:42 PM
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
csj ( ) >^0^ required,
^^ert. of Real .Estate Value No.
co5 Sf\-Ha FEE: 46.00
PAGES 3
. WELL CERTIFICATE REC‘D: ri
aoi!.p;csj
(Year)
■- Wayne Stein, County Auditor/Treasurer
5^3009 DO *5) I ogIby.
Deputy
SPECIAL WARRANTY DEED COUNTY OF OTTER TAIL
biAit os- Ml
DEBOTAX $DEED Tyyc DUE: $266.48
DATE: I l£)MU Co | rVOHZ)
FOR VALUABLE CONSIDERATION of Eighty Thousand Seven Hundred Fifty and No/00 Dollars
($80,750.00), NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, a
Delaware limited liability company, by its Attorney in Fact SingleSource Property Solutions, LLC,
whose address is 8950 Cypress Waters Blvd., Coppell, TX 75019 (referred to herein as “Grantor”),
hereby conveys and specially warrants to DUSTIN DODD and JESSICA DODD, as joint tenants, whose
address is 4862 51st Ave. S, Fargo, ND 58104 (refened to herein as “Grantee”), all of Grantor's interest
in and to certain real property in Otter Tail County, Minnesota, described as follows:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
38623 Coimty Highway 41, Dent, MN 56528Property street address;
Together with all hereditaments and appurtenances belonging thereto, subject to all restrictions,
reservations, easements, conditions and other matters appearing of record.
AND the Grantor does hereby bind the Grantor, the Grantor’s heirs, successors and assigns, to warrant
and forever defend, all and singular, the said premises unto the said Grantee, the Grantee’s heirs,
successors and assigns, against the Grantor and the Grantor’s heirs, successors and assigns and against
any persons whomsoever lawfully claiming or to claim the same or any part thereof by and through
Grantor.
The Grantor certifies that the Grantor does □ does not ^ know of any wells on the described real
property. A well disclosure certificate will be provided if a well is known by Grantor to be located on
the property.
Send Tax Statements for the
Described Real Property To:When Recorded Return To:This Instrument was Drafted By:
STEVEN A. WILLIAMS, ESQ. 213 BREkPSHIRE DRIVE
BRANDON, FL 33511
DUSTIN DODD
JESSICA DODD
4862 51ST AVE., S
FARGO, ND 58104
DUSTIN DODD
JESSICA DODD
4862 51ST AVE., S
FARGO, ND 58104
»
/ .
GRANTOR:
Nationstar dlblaMortgage LLC
Champion Mortgage Company, a
Delaware limited liability company, by
its Attorney in Fact SingleSource
ProMrty Solutions, LLC
j
Printed
Title;
STATE OF^
COUNTY OF Iv
e on , byInA^pWlSingleSource Property Solutions,before
ILLC^as Attorney'in Fact for Nations^ M^galg^LLC
limited liability company.
a Champion Mortg^ Company, a Delaware
[Affix Notary Seal]Notary Signature:'
Printed name:
/
My commission expires: C\i
COMMONWEALTH OF PEHWSYlVMj!^
NOTARIAL SEAL
RENOA J PATTERSON
Notary Public
CECIL TWP . WASHINGTON COUNTY
My Commission Expires Sep 4, 2P17
'-.v .'.-I''
The land described herein is situated in the County of Otter Tail, State of Minnesota, and is described as
follows:
That part of Government Lot 2 of Section 9, Township 135 North, Range 41 VVestof the Fifth Principal
Meridian in Otter Tail County, Minnesota, described as fqllovys: Commencing at a found iron monument which
designates the North Quarter Corner of said Section 9; thence South 88 degrees 30 minutes 39 seconds East
2669.51 feet on an assumed bearing along the North line of said Section 9 to a found iron monument which
designates the Northeast Corner of said Section 9; thence South 22 degrees 54 minutes 57 seconds West
1986.81 feet to an iron monument,'said point is the point of beginning; thence North 81 degrees 02 minutes
29 seconds East 41.07 feet to an iron monument on the Westerly right of way line of County State Aid
Highway No. 41; thence Southerly along the Westerly right of way line of County State Aid Highway No. 41 on
a curve concave to the West, having a central angle of 00 degrees 58 minutes 29 seconds and a radius
2814;79 feet, for a distance of 47.89 feet (chord bearing South 13 degrees 50 minutes 03 seconds East) to a
found iron monument: thence North 76 degrees 39 minutes 12 seconds East 17.00 feet continuing along the
Westerly right of way line of said County State Aid Highway No. 41 to a found iron monument;
Thence Southerly continuing along the Westerly right of way line of said County State Aid Highway No. 41 dii
a curve concave to the West, having.a cehtral.angle of 01 degrees 33 minutes'37 seconds and a radius of
2831.79 feet, for a distance of 77.12 feet (chord bearing South 12 degrees 34 minutes 00 seconds East) to an
iron monument; thence South 81 degrees 02 minutes 29 seconds West 102.72 feet to an iron monument;
thence continuing South 81 degrees 02 minutes 29 seconds West 5 feet, more or less, to the water's edge of .
Star Lake; thence in a Northerly direction along the water's edge of said Star Lake to the intersection with a
line which bears South 81 degrees 02 minutes 29 seconds West from the point of beginning; thence North 81
degrees 02 minutes 29 seconds East 10 feet more or less, to the point of beginning. Otter Tail County,
Minnesota.
(041659445.PFD/041659445/18)
Dustin Dodd - Variance Application Approved as Requested (8:00 p.m.)
Dustin Dodd, Pt GL 2 Com N1/4 Cor...(.20 Acres) in Star Lake Township, request the following: Required 75’ setback to lake,
requesting a 27’ variance to be 48’ from the OHWL. House is currently less than 75’ (see drawing on file at Land & Resource
Management) if you count the bog, I would be compliant. Not changing the existing footprint, want to add a 2"'* story. See blueprint
on file at the Land & Resource Management Office. April 18, 2019 - The audience was not polled. After consideration and
discussion, Darren Newville made a motion, second by Rick Wilson and unanimously carried to table with verbal permission of the
applicant at this public hearing until the May 9, 2019 meeting of the Board of Adjustment to allow the Board of Adjustment members
to get clarification of the Statute in reference to an expansion of a non-conforming structure. May 9, 2019 - The audience was polled
with no one speaking for or against the variance as requested. After consideration and discussion Darren Newville made a motion,
second by Kenneth Vorderbruggen and unanimously carried to approve the variance as requested to construct a 2"** Story to the
existing dwelling being 48 ft. from the Ordinary High Water Level and 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
has been placed on file with the Land & Resource Management Department. Hardship/practical difficulty is the placement of the
existing structure on the lot which was built in 1940. The variance as approved does not directly or indirectly grant any other variances
from proposed or future development.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:04 p.m.
Prepared by:
Amy Busko, Secretary
The minutes were mailed on Friday, May 17,2019, 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.
May 9, 2019Page 14
AGENDA
Otter Tail County Board of Adjustment
Thursday, May 9, 2019OTTCRTmi
5:45 p.m. - Building open to the public
6:30 p.m. - Meeting Starts
6:30 p.m. - Call to Order and Approve April 18, 2019 Minutes
Physical Address Parcel No.Lake/RiverTownship/SectionName
29000990663000
29000990664000West Battle (56-239)41529 Ukkelberg Dr.Girard/Sec. 32Tim & Char Greene
2800099033600025418 Heilberger Ln.Heilberger (56-695)
Swan (56-781)
Gregg & Nancy Johnson Friberg/Sec. 10
Dane Prairie/Sec. 29 1300099034700017909 E. Swan Lake Dr.David R. Maier
None - Loc Adj to
38747 Mallard Loop 20000990716000Little McDonald (56-328)Edna/Sec. 10Damon Pick
7:30 p.m.
2000003001200637401 N. Lt. McDonald Dr.Edna/Sec. 03 Kerbs (56-1636)
East Lost (56-378)
Star (56-385)
Unnamed (56-319)
Darryl Bartholomay
Larry & Julie Duttenhefer Sverdrup/Sec. 12 33652 Lt. Narrows Loop 57000990327000
Eric Hanson &
Laiz Barrios S. of 38720 Beaver Dam Rd. 14000070056000Dead Lake/Sec. 7
Previously Tabled Item Scheduled for Hearing at the April 18, 2019 Meeting-
02000230174000Amor/Sec. 23 Otter Tail (56-242) 38860 Eldorado Bch Rd
38623 County Hwy 41
Devin Gemelli
56000090051001Star Lake/Sec. 9 Star (56-385)Dustin Dodd
46000990309000
46000990310000
46000040018006
Otter Tail/Sec. 4 Otter Tail (56-242) 42092 County Hwy 1John & Donna Burns
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Genter
540 West Fir AvenueCOUNTY - MINNESOTA Fergus Falls, MN 56537
April 25, 2019
Dustin Dodd
4862 5 AveS
Fargo ND 58104-6023
Re: Tabled Variance Application
Dear Dustin,
Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for
Thursday, May 9, 2019, in the Otter Tail .County Commissioners’ Room of the Otter Tail County
Government Services Center located at 500-600 Fir Ave. W., Fergus Falls, MN.
Your variance request, which was originally tabled at the April 18, 2019 Board of Adjustment
meeting, has been rescheduled for consideration at the May 9, 2019 meeting. 1 have enclosed a
copy of the May 9, 2019 meeting agenda for your reference. Please pay attention to the •
scheduled meeting time.
If the date and time for this meeting is not convenient for you, please notify the Land &
Resource Management office in writing prior to the May 9, 2019, meeting and I will have your
request rescheduled for the next available meeting of the Board of Adjustment. Should you
have any questions or require any additional information please feel free to contact me.
Sincerely,
Amy Busko
Secretary
Board of Adjustment
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
■y
Bryce & Lauren Anderson - Approved as Requested (7:20 p.m.)
Bryce & Lauren Anderson, Pt of GL 7 & 8 Lying NIy of LN Com NE Cor...(16.23 Acres) in Friberg Township, request the following:
Requesting a l30’-0" setback (200’ setback required). The 200’ setback is not achievable since the house is surrounded by water. This
will be to add a bedroom and bathroom to the north, larger kitchen and living room to the west, and a front porch entry to the east to
meet the demands of our growing family. Septic system will also be updated during renovations to accommodate 4 bedrooms. The
audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren
Newville made a motion, second by Rick Wilson and unanimously carried to approve the variance as requested to construct additions
to the dwelling being 130’ from the OHWL and based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on
file with the Land & Resource Management Department. It was noted that the property is surrounded by water.
Mark Bring & Dacia Stiles - Denied (7:28 p.m.)
Mark Bring & Dacia Stiles, Pt GLs 6 & 9 Com SW Cor GL 6...(37.40 Acres) in Sverdrup Township, request the following:
Authorization to construct a dwelling 100’ from OHWL, a variance from 200’ setback. The audience was polled with Gary Denbrook
speaking in opposition to the variance application indicating that the 200’ setback should be maintained. After consideration and
discussion, Darren Newville made a motion, second by Douglas Larson and unanimously carried to deny the variance request as no
adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as
requested and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been
attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management
Department. It was noted that the current dwelling meets setbacks according to an inspection in 1993 and that there is enough land to
meet setbacks.
Kevin & Laurel Wanke - Approved as Requested with Condition (7:45 p.m.)
Kevin & Laurel Wanke, Lot 3 Blk 1 of Juniper Shores in Candor Township, request the following: Request to construct a dwelling
150’ from the lake, requesting a 50’ variance from the required 200’ setback. The audience was polled with no one speaking for or
against the variance as requested. Jeff Norby (proposed buyer) represented the variance application and provided an additional exhibit
for the Board of Adjustment members. After consideration and discussion Rick Wilson made a motion, second by Kenneth
Vorderbruggen and unanimously carried to approve the variance request as requested with the condition that a storm water retention
plan must be submitted with the permit application and based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on
file with the Land & Resource Management Department. It was noted at the 200’ setback from the OHWL there is a drainage area
which wasn’t created by the property owner.
Devin Gemelli - Tabled (8:00 p.m.)
Devin Gemelli, Wly 613’ of SLl of GL 2 Ex 5 Tracts of 500’ on Lk in Amor Township, request the following: Requesting Variance
to attach garage to the house. Garage foundation will be 24’ from Bluff. Proposed attached garage will tie into the existing roof
approx. 20’ from the bluff. The audience was polled with no one speaking for or against the variance as requested. A letter from Cindy
Dean was read for the record. After consideration and discussion, Rick Wilson made a motion, second by Douglas Larson and
unanimously carried to table with verbal permission of the applicants at this public hearing until the May 9, 2019 meeting of the Board
of Adjustment to allow the Board of Adjustment members to get clarification of the Statute in reference to an expansion of a non-
conforming structure.
Dustin Dodd - Tabled (8:27 p.m.)
Dustin Dodd, Pt GL 2 Com N1/4 Cor...(.20 Acres) in Star Lake Township, request the following: Required 75’ setback to lake,
requesting a 27’ variance to be 48’ from the OHWL. House is currently less than 75’ (see drawing on file at Land & Resource
Management) if you count the bog, I would be compliant. Not changing the existing footprint, want to add a 2"‘' story. See blueprint
on file at the Land & Resource Management Office. The audience was not polled. After consideration and discussion, Darren
Newville made a motion, second by Rick Wilson and unanimously carried to table with verbal permission of the applicant at this
public hearing until the May 9, 2019 meeting of the Board of Adjustment to allow the Board of Adjustment members to get
clarification of the Statute in reference to an expansion of a non-conforming structure.
April 29, 2019Page I 2
LAND & RESOURCE
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Faiis, 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:
Dustin Dodd
4862 5r‘AveS
Fargo ND 58104-6023
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 Courity 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 11, 2019 at 7:30 p.m.
in the Commissioner's 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 Otter tail
County Land & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No.- 56000090051001
Pt of GL 2 Com Nl/4 Cor...(.20 Acres)
Section 9, Township 135, Range 41
Township Name - Star Lake
Star (56-385), General Development (GD)
38623 County Hwy 41, Dent MN 56528
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Required 75' setback to lake, requesting a 27' variance to be 48' from the OHWL. House is currently
less than 75' (see drawing on file at Land & Resource Management) if you count the bog, I would be
compliant. Not changing the existing footprint, want to add a 2- story. See blueprint on file at the
Land 8i Resource Management Office.
Ajtiy Busko
Board of Adjustment Secretary
ottertailcountymn.us
March 28, 2019
OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
LIVE YOU R best life HERE.
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The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
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BK —042016 I Pfin iI.360,800.
tors .* -Fergus Falls,.MN • 1-800-346-4870•Uindcen Co:1T'-T ■■ i!I [■I-i 1IJiIX.J.
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other impervious Surface
Existing Proposed Existing ProposedFt^Ft^Ft^Ft
!5UDwelling {qODeck(s)
2MAttached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
7;^nkTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Total Buildings Ft
^ o 33k o. d(p%3 (j? > 91/100+■X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^
3^l(9 0^02.1^ 1
-----T \-----------f\-----
olS 100+=X
Impervious Surface Calculation Worksheet 04-11-2016
3nSignature:Date
r)
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 scaie drawing.
Def # 76. Shore Impact Zone (SiZV.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.
*m Existing Ft^Proposed Ft^i i
Building(s)
IPDeck(s)O
Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)I
Retaining Wall(s)tm
Landscaping
(Plastic Barrier)
\c^m:oMiscellaneousm
IU)oTOTALm
*
mm
aiTotalExisting Proposed Total
Ft^Ft^Ft^Shore Impact Zone
Impervious Surface Maximum Allowable 260 Ft^
m m^ S '! ■ U Ifio% ViO-V-
Impervious Surface Calcuiation SiZ 04-11-2016
uSignature:Date:
"vr
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OTTER TAIL COUNTY
LAND & RESOURCE S\»ANAGEMENT
PUBLIC 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 snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
________), described
Application(s) dated
property/project (Tax Parcel # 5Gnnn^9on.5f(yif
U c\ri^ (M c«— _________________on my
3 I la 1^ n
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).
□
I do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s).
Sorr^X hoJL^d4-vaajl
Xm Xab—^ X properTy'owner
you i/vv«-'(VvZ-, k-nD*^ ChJ^
1IP*
op
DATED
If
[i coY
7d/
y neaMJ^
LR: Forms: Waiver 60 Day Rule 02-21-2017 Uj \
'1"koYlh>
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 28th day of March 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Jeff Michaelson, Clerk
Star Lake Township
39840 Star Hill Dr.
Dent MN 56528
Star Lake Association
PO Box 156
Dent MN 56528
Dustin Dodd
4862 51 Ave S
Fargo ND 58104-6023
City Clerk (if located within 2 miles of a city) N/A
re Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Big McD^ald:D&njjsJM^r Perham):
Littlejfoonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Littl^in^Big Pine:
Peli^n, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
LU
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 lO'*' Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, 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:
Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551
R. Stephen Schierer 32117 260'^ Ave, Erhard MN 56534
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
Planning Commission Member: Rick Wilson, 609 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
iFileDated: March 28, 2019
‘OExtra_______
BOA Members
PC Member__
Envelopes___
TOTAL NOTICES TO PRINT i\
I t/fAdded to Agenda
L/iprint out Findings of Fact Sheet
Newspapers -h/, lb IVu 1^ Ufj
Amy Busko, Secretary
Otter Tail County Board of Adjustment £
I FOF/UujF)yi/)ICO
Amy ^skoBy:s.
kT
l:\BOA\Affidavit Original 02-2019.docx
t.-
Buffer Parcels
Parcel No Name 1 AddrlName 2 Addr2 Citv St ZiD
Fargo ND 58104 6023Dustin & Jessica Dodd56000090051001 4862 51st Ave S
56000090051003 Ryan C Johnson Mapleton ND 58059 4047432 Sequoia Dr
Donaid & Karen Whalen56000090051004 4976 Dancer Ave St Ansgar lA 50472 8528
Brent Lamblez & J Vander Maten56000090051005 38652 County Highway 41 Dent MN 56528 9229
State Of Minnesota Tax Forfeited Parcel56000090051902 00
Michael J Linnertz56000090054000 30946 Boathouse Dr Dent MN 56528 9230
56000090054001 Thomas Sazama 38572 County Highway 41 Dent MN 56528 9229
'WNatalie & Gary Sheldon56000090055000 30947 Boathouse Dr Dent MN 56528 9230
William & D Scarcliff Et Al56000090055001 Pekin IL 61554 3911114 Arrow St
Mel & Joan L Stoltz56000090061001 1136 6th Ave NE Valley City ND 58072 2343
56000990655000 To The Public 00
/•C17I0003/
RTN TO SEND
2 95 B1 NF E 1 FORWARD TIME EXP
3 OH NS ON
7R7 RFDWOOD dr
MAPLETON ND 5E059-8504
RETURN TO SENDER
{
Monday, March 25, 2019 Page 1 of 1
Buffer Mail
City, State, ZipAddress i Address 2Name
Dustin & Jessica Dodd Fargo ND 58104 60234862 51st Ave S
Mapleton ND 58059 4047Ryan C Johnson 432 Sequoia Dr
Brent Lamblez & J Vander Maten 38652 County Highway 41 Dent MN 56528 9229
Michael J Linnertz 30946 Boathouse Dr DentMN 56528 9230
Dent MN 56528 9229Thomas Sazama 38572 County Highway 41
Natalie & Gary Sheldon 30947 Boathouse Dr Dent MN 56528 9230
Mel & Joan L Stoltz Valley City ND 58072 23431136 6th Ave NE
Donald & Karen Whalen St Ansgar lA 50472 85284976 Dancer Ave
William & D Scarcliff Et Al Pekin IL 61554 3911114 Arrow St
Page 1 of 1Monday, March 25, 2019