HomeMy WebLinkAbout56000100066003_Variances_06-13-2019Variances
2
Barcode 128
S 1 0 V U 8 9 Tx:4075625Dai'e Stamp
1222790
RECEIVED
MAY 2 1 2019
LANDS RESOURCE
CAROL S.CHMALTZ
OTTER TAIL COUNTY
RECORDER:/RE61STRAR OF TITLES
FERGUS FALLS, MN
RECORDEC' ON
07/01/2019 09:21 AM
FEE: 46.00
PAGES 7
WELL CERTIFICATE REC'D: N
l&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.ottertailcountvmn.us^TTCRTIIII
Application Fee
Receipt Number ,
Accepted by
7 /Property Owner
Name Daniel & Charlene Diegnau and Timothy & Anna Deuel
Address 18237 Edelweiss St NW
City Oak Grove
State MN
Zip 55011
Daytime
Phone
612.251.3542 (Anna)
Email annamonikad@comcast.net
Parcel Information
Lake Class gdLake NameLake No 56-385 star Lake
Parcel Number(s)56000100066901
Parcel Number(s)/
I Section
Commencing at the sw corner of said Section 10; thence North along the west line of said Section 10, a
distance of 2567.69 feet....
Township Name
Legal Description
Star Lake Township
31007 &^n!c fid UO. henJ'Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback SubdivisionSewage SystemStructure Site
MiscellaneousWECSCluster
1
SPECIFY HOW YOUR PROJCT 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; Subdivision Controls Ordinance
VII Metes and Rounds
VARIANCE REQUEST: 'O subdivide a 1 e-aoe tract and create Parcel A wtti 4i i to sq (t and Parcel B eiiffi 37.56* aq « in area, the SubdunaionConlrols Ordinance requires 5 acre minimum tracts when subdividing land in the Shoreland Area
We are requesting to split our property which is approximately 1.8 acres into two parcels. West Bank Road serves our property. Said
Road travels easterly from C.S.A.H. No. 41 and is a 33.00 foot wide roadway easement which serves approximately 6 parcels of land at
this time. We would follow the standard plat procedure for this minor subdivision as it exceeds all of the Otter Tail County Shoreland
Ordinance requirements (see accompanying Sketch of Proposed Split for Variance Application), however we do not meet the
requirements for roadway. Our burden is the current status of the road being 33.00 feet wide and an easement road. The township does
not maintain this road. We attended the May 13th, 2019 township meeting and the town board supports this application.
SECTION OF ORDINANCE;
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
I ALSO UN^STAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGff^ENT REGARDINQ^IS MATTER.
OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/TIme of Hearing)
OFFICE USE ONLY
Date of Board of Adjustment Hearing SiOi^BoTime
Motion
Daniel & Charlene l)ie;>nau & I'imothy & .Anna Deuel - \’ariance .Application Approt ed ttilli Condition (8;08p.tn.)
.After consideration and discussion. Darren Newx ille made a motion, seconded by Douglas I.arson and unanimously carried lo approve
the variance as requested in tlie application dated May 20. 2019 and as depicted on the drawing submitted with the t ariance
application with a condition that there is suitable room for 2 septic systems on Parcel B and based on the Findings of Fact and
Decision Form, which contains the criteria reviewed and the Board s findings have been attached to and incorporated as an official
pan of the minutes which has been placed on file with the Land & Resource Management Department, fhe variance as approved does
not directly or indirectly grant any other variances from proposed or future development.
NwTvATwr
Chairman/Otter Tail County Board of Adjustment
APermit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
hvui [/111 ic eWiCopy of Application mailed/emailed to Applicant, County Assessor and MN ONR
L&R Official/Date
cl 01122019-001 2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CQ.0TTER-TA1L.MN.US
Kyle Westergard
Asst, DirectorOTTCRXAK
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: Daniel & Charlene Dieenau and Timothy & Anna Deuel
Address/Parcel No.: 31007 Bank Rd. W./56000100066901
Requested Variance: Variance Request is to subdivide a 1.8-acre tract and create Parcel A with 41,110 So. ft. and Parcel B with
37,568 so. ft. in area, the Subdivision Controls Ordinance requires 5 acre minimum tracts when subdividing land in the Shoreland
Area. We are requesting to split our property which Is approximately 1.8 acers into two parcels. West Bank Road serves our
property. Said Road travels easterly from CS.A.H. No. 41 and is a 33.00 foot wide roadway easement which serves approximately 6
parcels of land at this time. We would follow the standard plat procedure for this minor subdivision as it exceeds all the Otter Tail
County Shoreland Ordinance requirements (see accompanvine Sketch of Proposed Split for Variance Application), however we do
not meet the requirements for roadway. Our burden Is the current status of the road being 33:00 feet wide and an easement road.
The township does not maintain this road. We attended the Mav 13***. 2019 township meeting and the town board supports this
application.
Otter Tall County Ordinance: Shoreland Mgmt. Sanitation. X Subdivision. WECS Dock & Riparian Use Setback Ord.
Ordinance Section Citation: VII Metes and Bounds ___________________________________________
4 variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: The Road is an Easement Road and not served as a Township Road which
doesn't allow for the Platting Process. The Easement also crosses other properties.
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).
,X Yes, the variance is in harmony with the general purposes and intent of the official control...
No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The proposed lots meet the standard size for lots on a General Development Lake.
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).
X Yes, the property owner is proposing to use the property in a reasonable manner...
No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The proposed lots meet the standard size for lots on a General Development Lake.
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?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
Of the Road Easement which wasn't created by the landowners.
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
nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X 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:
There is no change in the character of the locality.
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).
X Yes, the need for the variance involves more than just economic considerations....
No, the issuance of the variance is only for economic considerations...
...because:
There Is no economic consideration for the proposal.
the requested variance.DENIESThe Otter Tail County Board of Adjustment: APPROVES___X
Complete and zttsch After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: June 13. 2019
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.
> -*•939897
OF^E OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby eortlfy that
this Inatrumant«__
was flied/reoortfed In this office
No delinquent taxes and transfer entered; Certificate of
Real Estate VSalue ( ) filed ( ) not required.
Certificate of R 939897Estate Value Na —023®
SeJMtnhA wj—
Otaf)Wayne Stein. Coui^ I
S(f 00010 00^0-^gi Deputy
hio.Form No. 5-M - WARRANTY DEED
Ot.
STATE DEED TAX DUE HEREON: $610.50 c <C o ^ODate: 2003 ?=:I
FOR VALUABLE CONSIDERATION, the Grantors, Joseph Tassart, Jr. and Carol
Ann Tassart, husband and wife, each in his and her own right and as spouse of the
other, hereby convey and warrant to(^e Grantees, an undivided one-half interest in
Daniel Dicgnau and Charlene Diegnau,fas joint tenants, and an undivided one-half
interest in Timothy W. Deuel and Anna^. Deuel, as Joint tenants, real property in
Ottertai! County, Minnesota, described as follows:UI
MAY 2 1 20fi __
1_AND8RES0UB< X
^-4? V
GSee Attached Legal Description.Q
P.N.: 56000 10 0066 901
Together with all hereditaments and appurtenances belonging thereto; subject to the
following exceptions: Easements, restrictions, and reservations df.record, if any.
The Grantor(s) certify that the Grantor(s) does/do not know of any wells located on the
described real estate. .. ;
A Well Disclosure Certificate accompanies' this document.
The Grantor(s) certify that the status and number of well(s) on the described real’estatc has
not changed since the last previously filed Well Disclosure Certificate.
■
ep.Jo/eph Tassart, Jr.Carol Ann Tassart
?rr
■»
<>
I
\i *.i
STATE OF ILLINOIS )
) ss.COUNTY OF \
The,undersigned Notary;Public does hereby certify that Joseph Tauart, Jr. and'
Carol Ann.Tassart, husband and wife, each in his and her own right and as spouse of the Other, personally kAoWii to me to be the same persons whose names are subscribed -
to the foregoing instrument, appeared before me this day in person and acknowledged
that they signed, sealed and delivered said instrument as their free and voluntary act, for
the uses and purposes therein set forth.
. IGiven under my hand and notarial seal this & day of ^ 2003.
Notary Public
.My commi^iqn expires: • '***^OFRclArSBArT^[^
KAREN PICKERING. |
HOTARV PlffiLIC,STATEOFILUNOiS j'MV COMtraOMEXnnES 6-14^20061
;
t >
■:‘I
J ,
. Mail. tax statements to:
Daniel and Charlene Dieg^au
Timothy W. and Anna M. Deuel
r)U:&pnx' m u:
This document prepared by:
Minnesota Title & Closing Company
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56S01
Telephone: (218) W7-1297
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V'*■r
That part o£ Government Lot Seven (7)» Section Ten (10), To«mahip One Hundred Thirty-five (13S) eiortlx, Range Porty-one (41) West, Otter tall Cotmty, Minnesota,- described as follows: •
- 5* ■ .
' Connnenclng at the Southwest comer o£ said Section Ten (10); thence Worth (Assumed Bearing) along the Meet line o£ said section Ten (10) a distance of 25$7*S9 feet to Meander Corner Number 49, said point being, the point of beginning; thence on a bearing of -South along the West line of said Section Ten (10). a distance of
324.9 feet; thence South 70 00'OO” East a distance of 186.00 feet; thence‘South B8 19’00"- East a distanee of 53.95 feet; thence on a bearing of North a distanee of 332 feet mote or lees to the shoreline of star Lake;
thence northwesber-ly along said ehoteline a dletance of 241 fast more or lees to the West line of B.aid Section ■ Ten (10); thence on a bearing of South along aaid West i line a distance of 5 feet more or less to the point of beginning.Subject to an easement for roac pubposes over . and across the southerly 33.00 feet thereof as measured at right angles to the South line of the afore
described parcel of land.
DavMi & Paul Hess - N'ariancc Application Approved as Requested (7:05 p.m.)
Dawn & Paul Hess, Pt Lot I Being the Ely 70' on Lake & 85' on Rd, Parcels 588, 589 &. 470-001 Not to be Split
in Maine 1 ownship, request the following: Proposing to remove the existing 3 season porch (8' x 14') and replace it with a 8' x 28'
addition to dwelling. The proposed addition will go no closer to the lake than the existing structure. (3 Season Porch) which is ajjprox.
89’ from the lake. Required setback is 100' requesting an approx. 11' variance.
The application was represented by Dawn & Paul Mess. The audience was polled W'ith no one speaking for or against the variance as
requested. A letter from Dav id & Carol Willey and Jerome & Henrietta Klinnert all in support of the variance application request.
After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Larson and unanimously carried to approve a
variance of 11' from the ordinary high water level setback of 100' for the proposed development as described in the variance
application dated May 20. 2019 and based on the Findings of Fact and Decision Fonn. which contains the criteria rev iewed and the
Board's finding has been attached to and incorporated as an ofllcial part of the minutes w hich has been placed on tile with the Land &
Resource Management Department. The variance as approved does not directly or indirectly grant any other variances from proposed
or future development.
Break - The Board of Adjustment Members took a lO-niinutc break at 7:20 p.m. and reconvene at 7:30 p.m.
T\’aync Erickson - Motion Failed on a Tie N'ote - Tabled (7:,30 p.m.)
Wayne hrickson. The North 660' ofGoveniment Lot 2 in Friberg 1 ownship. request the following; A 50 foot variance is requested
from 200 feet to 150 feet from the water. Due to the steep hills and wooded landscape this is the only suitable place for the home.
The application was represented by Wayne Erickson. The audience was polled with no one speaking for or against the variance as
requested.
After significant discussion and consideration. Rick Wilson made a motion, seconded by Darren Newwille to deny the variance
request and to work with Land & Resource Management to ensure all regulations are as close to compliance as they can possibly get
and no adequate hardship practical difliculty has been shown that would allow for the granting of the variance request. This motion
failed on a tie vote with Kenneth Vorderbruggen. Thomas Lee & Steve Schierer voting against the motion. No other action taken,
therefore tabled to July 11. 2019.
Evan & Michelle Newman - Variance Application Approved as Requested (7:54 p.m.)
Evan <& Michelle Newman. Pt WI/2 NEI/4 & R El 2 NEI/4 . (107.25 Ac) in Buse 1 ownship. request the following: Proposing to
remove the old house & old bam and replace with a 75' \ 40' new dwelling w ith attached garage being approximately 107" from John
Lake. Required setback is 200’. Requesting a 93' Variance. Also request a variance to construct a 40' x 40' storage .structure being
approximately 115' from Unnamed Lake No 56-841. Required .setback is 200'. Requesting an 85' Variance.
The application was represented by Ev an New man. The audience was polled w ith no one speaking for or against the v ariance as
requested.
After consideration and discussion Thomas Lee made a motion, seconded by Darren Newv ille and unanimously carried to approve a
variance of 93' from the ordinary high water level setback from John Lake for a new dwelling with attached garage being 107’ from
the ordinary high water level and a variance of 85’ from the ordinary high water level from Unnamed Lake (56-841) for a Storage
Stmeture being 115' from the ordinary high water level for the proposed development as described in the variance application dated
May 21. 2019 and ba.sed on die Findings of Fact and Decision Fomi. which contains the criteria reviewed and the Board’s finding
have been attached to and incorporated as an otTieial part of the minutes which has been placed on file with the l and & Resource
Management Department. The variance as approv ed does not directly or indirectly grant any other variances from proposed or future
development.
Daniel & Charlene Diegnau & Timothy & Anna Deuel - V ariance .Application Approved with Condition (8:08p.m.)
Daniel & Charlene Diegnau & 1 imothy & Anna Deuel. Commencing at the SW Comer of said Section 10; thence North along the
west line of said Section 10. a distance of 2567-69 feet... in Star Lake Township, request the following: Variance Request is to
subdivide a 1.8-acre tract and create Parcel A with 41,110 Sq. ft. and Parcel B with 37,568 sq. ft. in area, the Subdiv ision Controls
Ordinance requires 5 acre minimum tracts when subdividing land in the Shoreland Area. We are requesting to split our property w'hich
is approximately 1.8 acers into two parcels. West Bank Road serves our property. Said Road travels easterly from C.S.A.H. No. 41
and is a 33.00 foot wide roadway easement which serves approximately 6 parcels of land at this time. We would follow the standard
plat procedure for this minor subdivision as it exceeds all the Otter Tail County Shoreland (Ordinance requirements (see accompanying
June 13. 2019Pagei3
Daniel & Charlene Diegnau & Timothy & Anna Deuel - Continued
Sketch of Proposed Split for Variance Application), however we do not meet the requirements for roadway. Our burden is the current
status of the road being 33.00 feet wide and an easement road. The township does not maintain this road. We attended the May 13'*'.
2019 township meeting and the town board supports this application.
The application was represented by Maverick l.arson. Compass Consultant.s. Charlene Diegnau & Anna Deuel. The audience was
polled with no one speaking for or against the variance as requested. A letter from Juli Klindt & Jeffrey Ryks opposing the proposal
was read for the record.
After consideration and discussion, Darren Newville made a motion, seconded by Douglas Larson and unanimously carried to approve
the variance as requested in the application dated May 20, 2019 and as depicted on the drawing submitted with the variance
application with a condition that there is suitable room for 2 septic systems on Parcel B and based on the Findings of Fact and
Decision Form, which contains the criteria reviewed and the Board s findings have been attached to and incorporated as an official
part of the minutes w'hich has been placed on file with the Land & Resource Management Department. The variance as approved does
not directly or indirectly grant any other variances from proposed or future development.
Brooklyn Wensauer - N'ariance Application Approved with Condition (8:23 p.m.)
Brooklyn Wensauer. Pt NF.I 4 NWl/4 & Part GL 2...(2.51 Acres) in Nidaros I ownship. request the following: I'm requesting a
variance of a 100' to construct a new dwelling w ith decks due to the standard setback of 200' from the OHWL. The proposed dwelling
is 28' X 48' with an attached garage proposed size of 30' x 40'. This land also features a blutTwith the standard setback of 30‘. So
w ithout this variance 1 would be unable to construct any type of dwelling on this lot. There w ill also be two decks, one in the front and
one in the back. The one in the front will be 10' x 12' and the one in the back will be 14'. x 18' The decks w ill be setback 100' or
more as well.
The application w’as represented by Brooklyn Wensauer.
The audience w'as polled with JelT fhommes speaking against the \ ariance and indicated that there are currently no houses on the lake
and every one meets the 200'setback. It's one of the only lakes left w ith nobody on the lake and I purposely moved there for that
reason and I w'ant to keep it that way. Jim Myrxold spoke against the variance because 100' is too close and it's the last lake with a
public access with no homes. Debbie Wallers spoke against the variance request indicating that it's loo big of a variance and the
biggest concern is creating major run-off to the lake because of the bluff and when they build the structure and decks there will be
nothing left to absorb the rainwater. Wayne Walters indicated that w hen he bought his properly, he was told that the County has a rule
of a minimum of 5 Acres to build on. An email from Lavenie Walberg in opposition to the s ariance was read for the record, an email
from Gail Nordstrom opposing the variance request was read for the record and an email from Jeremy Crice w'as read for the record
opposing the variance request.
After consideration and discussion, a motion by Rick Wilson, seconded by Douglas Larson and unanimously carried to approve the
variance to construct a new dwelling with attached garage and 2 decks as indicated in the \ ariance application dated May 21. 2019
w ith the condition that the proposal needs to be setback 150' from the ordinary high-water level and ba.sed 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 has been placed on file w ith the Land & Re.source Management Department. Hardship practical difficulty is
the unique shape of the lot. The variance as approved does not directly or indirectly grant any other variances from proposed or future
development.
Jeffrey Rowe& Dale & .Marilyn Nelson - \ ariance Application .Approved with Condition (8:47 p.m.)
Jeffrey Rowe & Dale & Marilyn Nelson, Lot b Block 3 - Echo Ranch Riviera Addn in Otter Tail Township, request the following;
1. We want our cabin inline with our neighbors east and west. We are requesting to be 47' from OHWL. Required is 75'. 2 We would
like to increase maximum allowable imperv ious surface from 2.S“o to 27.9%. Currently it is 38..^2"o
The application was represented by Dale & Marily n Nelson.
The audience was polled with no one speaking for i>r against the v ariance as requested. A letter from Jayden Veil in support ot the
variance request w as read for the record and an email from Joel & Roxanne Cason in support of the v ariance was also read for the
record.
After consideration and discussion, a motion by Rick Wilson, seconded by I homas Lee and unanimously carried to approve a
variance of 47' from the ordinary high-water level for a new dwelling with the condition that the imperv'ious surface coverage cannot
exceed 2.*'% and based on the Findings of Fact and Decision Fomi. which contains the criteria reviewed and the Board's findings hav e
been attached to and incorporated as an official part of the minutes w hich has been placed on file with the Land & Resource
June 13.2019Page 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 applicants representative must be present at the scheduled hearing.
To Whom it May Concern:
Daniel & Charlene Diegnau
Timothy & Anna Deuel
18237 Edelweiss St NW
Oak Grove MN 55011
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, June 13,2019 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 8t 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. - 56000100066901
Commencing at the SW Corner of said Section 10; thence North along
the west line of said Section 10, a distance of 2567-69 feet...
Section 10, Township 133, Range 41
Township Name - Star Lake
Lake Name/Number/Class: Star (56-385), General Development (GD)
31007 Bank Rd. W., Dent MN 56528Property Address:
The variance requested is the following:
Variance Request is to subdivide a 1.8-acre tract and create Parcel A with 41,110 Sq. ft. and Parcel B with 37,568
sq. ft. in area, the Subdivision Controls Ordinance requires 5 acre minimum tracts when subdividing land in the
Shoreland Area. We are requesting to split our property which is approximately 1.8 acers into two parcels. West
Bank Road serves our property. Said Road travels easterly from C.S.A.H. No. 41 and is a 33.00 foot wide roadway
easement which serves approximately 6 parcels of land at this time. We would follow the standard plat procedure
for this minor subdivision as it exceeds all the Otter Tail County Shoreland Ordinance requirements (see
accompanying Sketch of Proposed Split for Variance Application), however we do not meet the requirements for
roadway. Our burden is the current status of the road being 33.00 feet wide and an easement road. The township
does not maintain this road. WE attended the May 13* 2019 township meeting and the town board supports this
application.
Ainy Busko
Board of Adjustment Secretary
May 30, 2019
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
f^ECEIVED
2 I 2019
ANDJSRESOiJRr
IMPERVIOUS SURFACE CALCULATION
List & identify alt existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft*): ^ 1^, //Q ^
Buildings Other Impervious Surface
Existing Proposed ProposedExisting
Ft*Ft*Ft*Ft*
Dwelling HI?Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
7^storage Shed —/oH Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrw)
(jA.X<Jao
Miscellaneous
-toMI.Wo H,W(.7TOTAL BUILDINGS TOTAL OTHER/
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
TotafExistingProposed Lot Area Impervious
Surface
Ratio
Ft*Total Buildings Ft*Ft*Ft*
IjWo O.fps^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*
0- /08M,o =l %llo 100++X
LR: Onlirw Permitting Forms 2016: impervious Surface Calcuiation Worksheet 04>11«2016
Signature:Date
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore impact Zone only.
List & Identify ali existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone (SIZ): 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 111.4.), 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.
Existing Ft*Proposed Ft*
Building(s)
Deck(s)33^Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous ,
TOTAL
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft*Ft* Ft*
Maximum Allowable 260 Ft*
-5^+
LR Onlina Permitting Forms 2016; Impervious Surface Calculation SIZ 04-11>2016
signature:Date:
SHORE IMPACT ^OlilE iMPERVf6US SURFACE OSCULATION
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.
f;
Def # 76, Shore Impact Zone fSia.- 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 lll.4.)v but not iess than 50 feet. For Ag land the SIZ Is 50 ft. from the OHWL (see Section IV.4.).
• ; Only 1 structure rn'ay be placed In a SIZ. ‘ - V
Existing Ft*Proposed Ft*
Buildinq(s)
Deck(s)
Patiofs)
Sidewaik(s)V-
; t.Landing(s)
Driveway(s)
Parking Area(s)
Refining Wall(s)
Landscaping
(Plastic BanlertMiscellaneous ,
VV H
TOTAL
%• i
ExistingTotal
Shore Impact Zone
Impervious Surface
Proposed TotalFt*Ft*Ft*
Maximum Allowable 260 Ft*
+« ti •
LR: Onfino PennltQng Forms 2016: Impervious SuifaeoCateilatlon SIZ 04-11-2016
signature: 'ey Date:\
^ECEIUED
2 I 20tj
resource;
P/'s^a-cJ R^oc.^IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft*): 3^
Buildings Other Impervious Surface
Existing ProposedProposed Existing
Ft^FEFEFt^
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
235WOASDriveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowabla 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Total Buildings Ff2 Ft*
100+=+r:=: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*
hHi>1,7%.O-OUTS'o t.4%100+s ♦s X s
LR: Online Permitting Forms 2016: Impervious Surface CefaJtetion Woritsheet 04-ll«2016
Signature:Date
e
V
Cl
i» ' *\ .4 i
SHORE IMPACT.ZdNE IMPERVipUS 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. -
Def #76. Shore Impact Zone (SIZI: 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.
Proposed Ft*Existing Ft*
Building(s^
Deck(s)
Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s^
Retaining WalKs)
Landscaping
fPlastfc Barrier)Miscellaneous
TOTAL
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft*
Maximum Mlowable 260 Ft*
Ft*Ft*
+
LR: Ordino Permitting Forms 2018: Impervious Surface Calculation SIZ 04-11-2016
* ^ ^ •... -Nr •'
• V- V.Signature:.Date:
SKETCH OF PROPOSED SPLIT FOR VARIANCE APPLICATION
Part of Government Lot 7, Section 10,
Township 135 North, Range 41 West,
Otter Tall County, Minnesota
STAR LAKEGENeSAl OOTLOPMENT 56-385
OHW = 1330.9 (NAVDBS; HIGHEST KNOWN = 1332.6 (NAVOfiSj MINIMUM LOT SIZE PUTTED 20,000 S.P. MINIMUM BUILEWSLE AREA REQUIRED 8,400 S.F.
___MINIMUM fRONWCE 100 fEET
£V/j
i.>-
r
'xV>'
i“l U-LLL’°l I (PARCEL A.-r SUfflnAI.llOSF. TOTAL AREA T 'H20,782S.F. BUILDABLE AREA L'
' --------
53.95--'^,^^—
37,56SS.F. TOTAL AREA. ;;
,I8,915S.F. BUILDABLE AREA--
h'
/K"
mm "X
£
'■'"Trsjc2'^•','
l|
ain
2
LEGEND
FOUND IRON
SECTION LINE
EXISTING EASEMENT
ORDINARY HIGH WATER UNE *ORIENTATION OF THIS BEARING SYSTEM IS ASSUMED
CERTIFICATION
I hereby certify that this survey, plan, or report was prepared by
me or u^er my direct supervislori and that I am duly Ucensed
Landcompassconsultants inc.
Perham; MN 218-347-3620
TnjstCompass.com
laws of the state of Minnesota.5/Po/3b<«trlC
PAGE 1 OF 1 1M0» DEUa
DateFade Rosenthal, PLS, 50732 SRV-
DIEQNAU &
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 30th day of May, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment;
)
Township ClerkProperty Owner Lake Association
Daniel & Charlene Diegnau
Timothy & Anna Deuel
18237 Edelweiss St NW
Oak Grove MN 55011
Jeff Michaelson, Clerk
Star Lake Township
39840 Star Hill Dr.
Dent MN 56528
Star Lake Association
PO Box 155
Dent MN 56528
City Clerk (if located within 2 miles of a city) N/A
10 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDon^:
Devil^
Little Ml
Little R^e Pine:
liJ*^Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573r Perham).
[^ald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13"' Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 I®* 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: Jack Rosenthal PO Box 266, 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, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
IFileDated: May 30, 2019
idExtra
BOA Members
Amy Busko, Secretary
Otter Tail County Board of Adjustment 6
PC Member|
Envelopes______2
TOTAL NOTICES TO PRINT
rTTAdded to Agenda
I Print out Findings of Fact Sheet
PFOT [Wss
FOF
Arny Bupko
By:
Newspapers
l:\BOA\Affidavits\Diegnau (385) 06-13-19.docx
< ■■
Buffer Parcels
Parcel No
56000090053000 Jacob J Carlson
Name 1 AddrlName 2 Addr 2 Citv St Zip
Saint Paul MN 55113 51301920 Malvern St
[■ 56000090055000 Natalie & Gary Sheldon Derit MN 565289230 '30947 Boathouse Dr
56000090055001 William & D Scarcliff Et Al Pekin IL 61554 3911114 Arrow St
)^ .56000090061001 Mel & Joan L Stoltz • Valley City ND 58072 2343■ 1136 6th.AveNE'1
56000100066000 Jeffrey Peterson Et Al 38180 County Highway 41 Dent MN 56528 9229
X
20545 Gpunty Roadl NW PennockMN 56279 9687'j 56OOO1O0066OO2 Juli Klindt & Jeffrey'Ry!<s
56000100066901 Daniel & C Diegnau Et Al Oak Grove MN 55011932218237 Edelweiss St NW
r 56000100072000 Jacob'J Carlson Saint Paul MN 55113 51301920 Malvern St J
56000990651000 Rona Id J Sr & Susan L Vose Cedar Falls lA 50613 17671951 Minnetonka Dr
'1( 56000990652000 George L & Lonnie Drontle
56000990655000 To The Public
Cold Spring MN 56326 973522326 County Road 2 '' I
00
Wednesday. Mav 22. 2019 Page 1 of 1
Buffer Mail
Address i City, State, ZipAddress 2Name
1920 Malvern St Saint Paul MN 55113 5130Jacob _J Carlson
iI Daniel & c biegnau .EtAl 18237 Edelweiss St NW Oak Grove MN 550119322
22326 County Road 2 Cold Spring MN 56320 9735George L & Lonnie Drontle
38180 County Highway 41
20545 County Road 1 NW
Jeffrey Peterson Et Al
Juli Klindt & Jeffrey Ryks
Dent MN 56528 9229'I
Pennock MN 56279 9687
!J30947 Boathouse Dr -j Natalie & Gary Sheldon
Mel & Joan LStoltz
Dent MN 56528 9230
Valley City ND 58072 23431136 6th Ave NE
I Ronald J Sr & Susan L Vose •. Cedar Falls lA 50613/1767 '1951 Minnetonka Dr
(
William & D Scarcliff Et Al Pekin IL 61554 3911114 Arrow St
Wednesday, May 22, 2019 Page 1 of 1
June 11, 2019
To: Land and Resource Management
540 West Fir Avenue RECEIVED
JUN 1 1 2019
AND8RES0URC!
Fergus Falls, MN 56537
From: Juli Klindt & Jeffrey Ryks
31101 West Bank Road
Dent, MN 56528
RE:Opposition to Variance Request to Subdivide Property by Daniel and Charlene Diegnau,
Timothy and Anna Deule
31007 West Bank Road
Dent, MN 56528
To Whom It May Concern:
We are opposing the subdividing of the property for the following reasons and concerns:
1. The destruction of the bluff to build two homes and create a new driveway entrance
and the modification of the existing driveway to accommodate the construction of two
homes.
2. The current and future maintenance of the easement road due to additional traffic and
moving of heavy equipment during construction. IE: washouts and ruts
3. Future affects to changing the easement road to a township road
4. Costs of relocating of existing Lake Region electrical service serving their property and
my property.
5. Removal of existing Oak and Maple trees to accommodate the construction of two
homes, driveways and utilities.
6. Locations of new wells and septic systems to accommodate two homes
7. Storm water management during construction to prevent sediment from entering my
property and the lake.
8. Will there be additional variances requested after the subdividing of the property.
Thank you for the opportunity to express our objections for subdividing the property.
Sincerely,
Juli Klindt and Jeffrey Ryks