HomeMy WebLinkAbout56000100066901_Variances_06-13-2019Variances
2
Barcode 128
3 1 0 9 0 8 9
Tx :4075625Dai’e Stamp
i222793
•’-iECEIVED
MAY 2) 2G13
LANDS RESOURCE
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED 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.ottertailcountymn.usqniRTflU
Application Fee
Receipt Number i ^ ,.A/I^ate I ixd ( ?Accepted by
7 7Property 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 No Lake Name Lake Class gdStar Lake56-385
Parcel Number(s)56000100066901
Parcel Number(s)
Township Name SectionStar Lake Township 10
Legal Description 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....
3/007 flc) uO. her^
TYPE OF VARIANCE REQUESTED (Please Check)
Physical Address
structure
Setback ZJstructure Size SubdivisionSewage System
Cluster MiscellaneousWECS
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: Vanan« R^uest 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 aae 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 MANAG^I^NT ^GARDINQTHIS MATTER._________________
5! 7a In7^OWNER/AGENT FOR OWNER DATESIGNATURE43F
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 $iOl^Time
Motion
Daniel & Charlene Diegnau & Timothy & Anna Deuel - Variance Application Approved with Condition (8:08p.m.)
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 which 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.
Chairman/Otter Tail County Board of Adjustment
%Permit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land & Resource Management
4I
Copy of Application mailed/emailed to Applicant, County Assessor and MN DNR
L&R Official/Date
cl 01122019-001 2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCRTAIl
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 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.
WECS Dock & Riparian Use Setback Ord.Sanitation. X Subdivision.Otter Tail County Ordinance: Shoreland Mgmt.
Ordinance Section Citation: VII Metes and Bounds
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: 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 iandowner...
...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
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance wiil 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.The Otter Tail County Board of Adjustment: APPROVES___X DENIES
Complete and attach 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•i *
OFRCE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify tftat
this Instrument #_ _____
WBS flled/feeortfed In^ls office ^jUjdayof
g003
Cou“*"“
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed (
Certificate of E^t^ Value No. —
) not required.
939897
for "TA"nthe
Oto)Wayne Stain. Couniy.wencfoL'MetcsJbv:\AAg»>A.<<Ur.y
Ao-oS2p <
nter
S(p 00010 OOOQ 'p!---------------------- VV .
jecordlng m/ well eertIfIcMeDeputy c \
y/lArr>.o.Form No. 5-M - WARRANTY DEED
a.
deed t
nuwb«|^5C555-3.
date if—
STATE DEED TAX DUE HEREON: $610.50
C
o ^ o >Date: 8^. 2003
I
OFOR 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(^ Grantees, an undivided one-half interest in
Daniel Diegnau and Charlene Diegnau,';as joint tenants, and an undivided one-half
interest in Timothy W. Deuel and Ann^-M. Deuel, as Joint tenants, real property in
Ottertail County, Minnesota, described as follows: . p £\\/ ^cSJ
MAY 2 1 2019
C/(--.p V
Q)
XSee Attached Legal Description.LAND&RESOUBfQ
P.N.: 56 000 10 0066 901
Together with all hereditaments and appurtenances belonging thereto; subject to the
following exceptions: Easements, restrictions, and reservatioris'of record, if any.
The Grantor(s) certify that the Grantor(s) does/do not know of any wells located on the
described real estate.
t . mA Well Disclosure Certificate accompanies this document.
The Grantor(s) certify that the status and number of well(s) on the described real’estate has
not changed since the last previously filed Well Disclosure Certificate,
^ la Carol Ann TassartJoseph Tassart, Jr.
rr
STATE OF ILLINOIS )
) ss.COUNTY OF \
The undersigned Notary Public does hereby certify that Joseph Tassart, Jr. and
Carol Ann Tassart, husband and wife, each in his and her own right and as spouse
of the other, personally known 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.
I
Given under my hand and notarial seal this & day of ^ 2003.
Notary Public My commission expires: (o \
OFFICIAL SEAL
KAREN PICKERING
KOTAHY PUBUC. STATE OF ILUNOlS
MY COMMISSION EXPIRES 6-14-2006
Mail tax statements to;
Daniel and Charlene Diegnau
Timothy W. and Anna M. Deuel/g^37 sA-jQq)
cM:(^tDT> /HA/
This document prepared by:
Minnesota Title & Closing Company
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56501
Telephone: (218) 847-1297
• s That part of Government Lot Seven (7)« Section Ten (10),
Township One Hundred Thirty-five (135) Norths Range Porty-one (41) West, Otter Tail County, Minnesota,- described as follows:
‘ Commencing at the Southwest comer of said Section Ten
(10); thence North (Assumed Bearing) along the West line of said section Ten (10) a distance of 2547*69 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*00" East a distance of 186.00 feat; thence South 88 19*00"' East a distance of 53.95 feet; thence on a bearing of North a distance of
332 feet more or less to the shoreline of star Lake;
thence northwesterly along said shoreline a distance of
241 feet more or less to the West line of said Section ■ Ten (10); thence on a bearing of South along said West 1 line a distance of 5 feet more or less to the point of beginning.Subject to an easement for roac put.poses 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.
Dawn & Paul Hess - Variance Application Approved as Requested (7:05 p.m.)
Dawn & Paul Hess, Pt Lot 1 Being the Ely 70’ on Lake & 85’ on Rd, Parcels 588, 589 & 470-001 Not to be Split
in Maine Township, 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 approx.
89’ from the lake. Required setback is 100’ requesting an approx. 11 ’ variance.
The application was represented by Dawn & Paul Hess. The audience was polled with no one speaking for or against the variance as
requested. A letter from David & 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 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. 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 10-minute break at 7:20 p.m. and reconvene at 7:30 p.m.
Wayne Erickson - Motion Failed on a Tie Vote - Tabled (7:30 p.m.)
Wayne Erickson, The North 660’ of Government Lot 2 in Friberg Township, 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 Newville 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 difficulty 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 NEl/4 & Pt El/2 NEl/4...(107.25 Ac) in Buse Township, request the following: Proposing to
remove the old house & old bam and replace with a 75’ x 40’ new dwelling with 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 Evan Newman. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion Thomas Lee made a motion, seconded by Darren Newville 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
Structure being 115’ from the ordinary high water level for the proposed development as described in the variance application dated
May 21,2019 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. The variance as approved does not directly or indirectly grant any other variances from proposed or future
development.
Daniel & Charlene Diegnau & Timothy & Anna Deuel - Variance Application Approved with Condition (8:08p.m.)
Daniel & Charlene Diegnau & Timothy & 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 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
June 13,2019Page I 3
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 Larson, Compass Consultants, 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 which 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 - Variance Application Approved with Condition (8:23 p.m.)
Brooklyn Wensauer, Pt NEl/4 NWl/4 & Part GL 2...(2.51 Acres) in Nidaros Township, request the following: I’m requesting a
variance of a 100’ to construct a new dwelling with decks due to the standard setback of 200’ from the OFIWL. The proposed dwelling
is 28’ X 48’ with an attached garage proposed size of 30’ x 40’. This land also features a bluff with the standard setback of 30’. So
without this variance I would be unable to construct any type of dwelling on this lot. There will 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 will be setback 100’ or
more as well.
The application was represented by Brooklyn Wensauer.
The audience was polled with Jeff Thommes speaking against the variance and indicated that there are currently no houses on the lake
and everyone meets the 200’setback. It’s one of the only lakes left with nobody on the lake and 1 purposely moved there for that
reason and 1 want to keep it that way. Jim Myrvold spoke against the variance because 100’ is too close and it’s the last lake with a
public access with no homes. Debbie Walters spoke against the variance request indicating that it’s too 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 when he bought his property, he was told that the County has a rule
of a minimum of 5 Acres to build on. An email from Laveme Walberg in opposition to the variance 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 was 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 variance application dated May 21, 2019
with the condition that the proposal needs to be setback 150’ 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. Flardship/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 - Variance Application Approved with Condition (8:47 p.m.)
Jeffrey Rowe & Dale & Marilyn Nelson, Lot 6 Block 3 - Echo Ranch Riviera 5"' Addn in Otter Tail Township, request the following:
I. We want our cabin inline with our neighbors east and west. We are requesting to be 47’ from OFIWL. Required is 75’. 2 We would
like to increase maximum allowable impervious surface from 25% to 27.9%. Currently it is 38.52%
The application was represented by Dale & Marilyn Nelson.
The audience was polled with no one speaking for or against the variance as requested. A letter from Jayden Veil in support of the
variance request was read for the record and an email from Joel & Roxanne Cason in support of the variance was also read for the
record.
After consideration and discussion, a motion by Rick Wilson, seconded by Thomas 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 impervious surface coverage cannot
exceed 25% 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 which 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 applicant's 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 & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, piease iisten 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:
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
Star (56-385), General Development (GD)
31007 Bank Rd. W., Dent MN 56528
\
Legal Description:
Lake Name/Number/Class:
Property 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 requirernents 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.
Amy Busko
Board of Adjustment Secretary
May 30, 2019
(^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
f^ECEIVED
may 2 ) 2019
ANDSRESOURCF(
IMPERVIOUS SURFACE CALCULATION
List & identify aii existing & proposed onsite impervious surfaces on scaie drawing.
Lot Area (ft*):
Buildings Other impervious Surface
Existing Proposed Existing Proposed
Ft* Ft*Ft*Ft*
ewo HaDwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
/0«-(—lo*AStorage Shed Landing(s)
WOAS Driveway(s)
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)Miscellaneous
-/oMl.lHoTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
—TotalProposed Lot Area Impervious
Surface
Ratio
Existing
Ft*Ft*Ft*Ft*Total Buildings
-/oi-j /c>3^100+X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Existing Proposed Total Lot AreaTotal
Buildings + Other
Impervious Surface
Impervious
Surface
Ratio
Ft*Ft*Ft*Ft*
0-lQ‘1%o =\HlJIO 100++X
LR: Online Permitting Forms 2016; Impervious Surface Caloilation Worksheet 04-11-2016
Signature:. Date
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
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 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)3^Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous ,^3
^ oTOTAL
TotalProposedTotal
Shore Impact Zone
Impervious Surface
Existing
Ft2 Ft^Ft2
Maximum Allowable 260 Ft'
-5^+
LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016
Signature: (b-Date:
f ;SHORE IMPACT ZONE Impervious SURFACE calculation
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone fSIZV 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..-'I
1
Existing Ft^Proposed Ft^
Building(s)
Deck(s)33^Patio(s)
Sidbwalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous ,^3 " S-<8v
<“o^ aTOTAL
ExistingTotal
Shore Impact Zone
Impen/idus Surface
Proposed Total
Ft2 Ft2 Ft2
Maximum Allowable 260 Ff
+. > Ii •
LR: Online Permitting Forms 2016: Impervious Surfece Calculation SIZ 04*11-2016
Signature: ^ Qt. w g Date:A
deceived
2 I 2019
resource;
IMPERVIOUS SURFACE CALCULATION
List & identify aii existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^): 3
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft2 Ft2 Ft2 Ft2
Dwelling Deck(s)
Attached 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
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft2 Ft2 Ft2 R2Total Buildings
100++X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft2 Ft2 Ft2 Ft^
O-olios'1.1%O (oH^100++X
LR: Online Permitting Forms 2016: Impervious Surface Calculatjon Woricsheet 04>11-2016
Signature:Date
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & identify aii existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing.
Def # 76. Shore Impact Zone iSIZ): 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 Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous
TOTAL
Proposed TotalTotal
Shore Impact Zone
Impervious Surface
Existing
Ft2 Ft2 Ft2
Maximum Allowable 260 Ft’
+
LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016
Date:Signature:.
DIEGNAU & DEUEL
:n
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:
)
Lake AssociationTownship ClerkProperty Owner
Star Lake Association
PO Box 155
Dent MN 56528
Jeff Michaelson, Clerk
Star Lake Township
39840 Star Hill Dr.
Dent MN 56528
Daniel & Charlene Diegnau
Timothy & Anna Deuel
18237 Edelweiss St NW
Oak Grove MN 55011
City Clerk (if located within 2 miles of a city) N/A
n Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDon^:
Devil3>
Little M(
LU Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573ir Perham):
[laid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573le &aig Pine:Little
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 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 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
FileDated: May 30, 2019
Extra
BOA Members 6
PC Member
Envelopes______^______
TOTAL NOTICES TO PRINT
r^^dded to Agenda
I ^HjPrint out Findings of Fact Sheet
Newspapers
Amy Busko, Secretary
Otter Tail County Board of Adjustment
1 FOF
Arny Bupko
By:
^2.
PFOT + ?t\\C(un
l:\BOA\Affidavits\Diegnau (385) 06-13-19.docx
Buffer Parcels
Parcel No Addr2Addrl Citv St ZiDName 1 Name 2
Jacob J Carlson Saint Paul MN 55113 5130560000900530001920 Malvern St
56000090055000 Natalie & Gary Sheldon Dent MN 56528 923030947 Boathouse Dr
56000090055001 William & D Scarcliff Et Al Pekin IL 61554 3911114 Arrow St
Valley City ND 58072 234356000090061001 Mel & Joan L Stoltz 1136 6th Ave NE
56000100066000 Jeffrey Peterson Et Al Dent MN 56528 922938180 County Highway 41
56000100066002 Juli Klindt & Jeffrey Ryks Pennock MN 56279 968720545 County Road 1 NW
56000100066901 Daniel & C Diegnau Et Al Oak Grove MN 55011 932218237 Edelweiss St NW
56000100072000 Jacob J Carlson 1920 Malvern St Saint Paul MN 55113 5130
Cedar Falls lA 50613 176756000990651000 Ronald J Sr & Susan L Vose 1951 Minnetonka Dr
Cold Spring MN 56320 973556000990652000 George L & Lonnie Drontle 22326 County Road 2
56000990655000 To The Public 00
Page 1 of 1Wednesdav. Mav 22. 2019
Buffer Mail
City, State, ZipAddress i Address 2Name
Saint Paul MN 55113 51301920 Malvern StJacob J Carlson
Oak Grove MN 55011 932218237 Edelweiss St NWDaniel & C Diegnau Et Al
Cold Spring MN 56320 973522326 County Road 2George L & Lonnie Drontle
Dent MN 56528 9229Jeffrey Peterson Et Al 38180 County Highway 41
PennockMN 56279 9687Juli Klindt & Jeffrey Ryks 20545 County Road 1 NW
Dent MN 56528 9230Natalie & Gary Sheldon 30947 Boathouse Dr
Valley City ND 58072 2343Mel & Joan L Stoltz 1136 6th Ave NE
Cedar Falls lA 50613 1767Ronald J Sr 8i Susan L Vose 1951 Minnetonka Dr
Pekin IL 61554 3911William & D Scarcliff Et Al 114 Arrow St
Page 1 of 1Wednesday, May 22, 2019
June 11,2019
To: Land and Resource Management
540 West Fir Avenue RECEIVED
JUN 1 1 2019
LAND&RESOURCf
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
OF 1
DIEGNAU & DEUEL