HomeMy WebLinkAbout56000990446000_Variances_09-12-2019q- i2-2oiqI*
1226637
Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER.-REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
09719/2019 12:15 PM
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D: N
^^CEIVBd
L&R Initial
■ r
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Faiis MN 56537
218-998-8095
www.ottertailcountymn.usOTTCR Tflit
Application Fee
Receipt Number
smVAccepted by c,,)Date
Property Owner
Cc>^\ Q\^LcVName
Address
SV\Qvr<tS £)vT
City
State
Zip
Daytime
Phone Coa - Sii-
C(^ RT__ ulRxch @ W [\VAOO . C0(V^Emaii
Parcel Information
O-egr^Lake Name Lake ClassLake No ^) E
SUOOO^^O'^NUOOOParcel Number(s)
Parcel Number(s)
3Hji^5 WS-\; G^v/LclV t. ~~rL2^*^9*Township Name Section
Legal Description
W- LCoc^a SV 6c cV >^ €-^\w\O
t| Vi-» L^ooc'lPhysical Address
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback fvn structure 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: Sho <r^{and fy\cinuL^.^tnet}-\- O'c'
SECTION OF ORDINANCE: bi’ihic.f ^ ni €n tS |lf
Proposing to construct an addition to dwelling/attached garage being 12' from the Road Right of Way,
requesting an 8 variance, required setback is 20'. The proposed addition will be approx. 129' from the
lake. The proposed addition meets the requirements for the building line.
Also proposing to construct a second addition to dwelling (enclosed entry). The enclosed entry will be
approx. 115 from the lake. This addition also will meet the building line requirements
I UNUtKalMI-MU inHI
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
VAR
I p^^^kluw i «-« w
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY 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 SCpkr l (7 26)^PYYTime
Motion
Cari Ulrich - Variance Application Approved at Requested (6:38 p.m.)
After consideration and discussion, Darren Newville made a motion, seconded by Rick Wilson, and unanimously carried to
approve the variance as requested in the variance application dated August 10, 2019 and as depicted on the drawing to
construct an addition to dwelling/attached garage being 12’ from the road right of way 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 for future development. It was noted that the proposed
additions will be behind the building line and there was a variance granted a couple years ago similar to this variance request
on a couple lots down from this property.
7
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management XYes No
Note: If Yes, contact Land & Resource Management
Copy of Application mailed/emailed to Applicant, County Assessor and MN DNR
L&R Official/Date
cl 01122019-001 2
5-
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCRTflII«0«aTT'Biaill0TI
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findingsvpf Fact and Decision
Applicant: cari Ulrich
Address/Parcel No. 31461 Brightwood Shore Dr. / 56000990446000
Requested Variance: Proposing to construct an addition to dwelline/attached garage being 12' from the Road Right of
Wav, requesting an 8' variance, required setback is 20'. The proposed addition will be approx. 129' from the lake. The
proposed addition meets the requirements for the building line. Also proposing to construct a second addition to
dwelling (enclosed entry). The enclosed entry will be approx. 115' from the lake. This addition also will meet the building
line requirements.
Dock & Riparian Use Setback Ord.OtterTail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision.
Ordinance Section Citation: Ml. 4. A.
WECS
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: More storage and to create an entry-wav in to the house. This proposal is
the best wav to achieve their goal.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the officiai 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 proposal does not encroach any closer to the lake then tlie existing structure. The addition/attached garage is on the
road side of the property.
2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai 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 addition/attached garage is similar to what is in the neighborhood with similar setbacks.
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 coiifiguration, wetland, steep slope, shore impact
zane, bluff, floodplain, floodway, etc. One or rriore should be stated on the record. Vi/hot 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:
V
Of the location of the road right of way. The traveled surface is a great distance from the proposed attached garage.
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 areo. 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 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 are similar structures in the neighborhood with similar setbacks.
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:
I
Of the placement of the Road.
The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: September 12, 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.
Scott & Debbie Anderson - Continued
After consideration and discussion, Steve Schierer made a motion, seconded by Darren Newville to approve the variance application
as written with the condition that the impervious surface calculation can not exceed 25%. The variance allows the proposed dwelling
to be 46’ from the ordinary high-water level, building impervious to be 23% and to have 544 sq. ft. of impervious surface coverage in
the shore impact zone. It was determined to eliminate request No. 5 on the application as the existing drainfield will be 23’ from the
proposed dwelling as verified by Land & Resource Management. This variance approved is 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 in determining the approval of this
variance.
Cari Ulrich - Variance Application Approved at Requested (6:38 p.m.)
... ...Cari Ulrich, Lot 20 Blk 1 of Brightwood Shoreline, Dead Lake in Star Lake Township, requested the following: Proposing to
construct an addition to dwelling/attached garage being 12’ from the Road Right of Way, requesting an 8’ variance, required setback
is 20’. The proposed addition will be approx. 129’ from the lake. The proposed addition meets the requirements for the building line.
Also proposing to construct a second addition to dwelling (enclosed entry). The enclosed entry will be approx. 115’ from the lake.
This addition also will meet the building line requirements.
Jay Weiher, JR Construction represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Darren Newville made a motion, seconded by Rick Wilson, and unanimously carried to approve
the variance as requested in the variance application dated August 10, 2019 and as depicted on the drawing to construct an addition to
dwelling/attached garage being 12’ from the road right of way 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 for future development. It was noted that the proposed additions will be behind the building line and there was a
variance granted a couple years ago similar to this variance request on a couple lots down from this property.
Dean & Bonnie Sternhagen - Variance Application Approved with Conditions and Deny Lotline Request (6:43 p.m.)
Dean & Bonnie Sternhagen, Beg 288’ NEly on Shore (.84 Acres), Jewett Lake in Elizabeth Township, requested the following:
Requesting to replace existing 14’ x 22’ garage with a 16’ x 26’ garage. Utilizing the current position of the garage. Existing garage is
4 feet from the lot line. Requesting a 6 foot variance from the 10 foot requirement. Existing garage is 10 feet from the road right of
way. Requesting a 10 foot variance from the 20 foot requirement.
Dean & Bonnie Sternhagen represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Kenneth Vorderbruggen made a motion, seconded by Douglas Larson and unanimously carried to
approve the variance to construct a 16’ x 26’ garage with the condition that the structure needs to be 14 ft from the road right of way
and to deny the lotline variance request to be 4 ft. from the lotline 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 proposed structure will need to meet the 10 ft. lotline
setback. The practical difficulty/hardship is the size and shape of the lot. The variance as approved does not directly or indirectly grant
any other variances for future development.
Break - The Board of Adjustment Members to a 7-minute break at 6:53 p.m. and reconvened at 7:00 p.m.
Larry Luther - Variance Application Approved as Requested (7:00 p.m.)
Larry Luther, Lots 6 & 7 of Engstrom Beach 3^‘* Addition Big McDonald Lake in Edna Township, requested the following: To do
additions to dwelling 66 ft. back from ordinary high-water level. Required setback is 100 ft. Additions will be inline and behind
existing structure.
Larry Luther represented the application. The audience was polled with no one speaking for or against the variance as requested.
Board of Adjustment
September 12, 2019
Page I 3
LAND & RESOURCE MANAGEMENTMf? OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Palis, MN 56537
.yCOUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or.applicant^s representative must be present at the scheduled hearing.
To Whom it May Concern:
Cari Ulrich
31461 Brightwood Shore Dr.
Dent MN 56528
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, September 12, 2019 at 6:00 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.
Written correspondence will be received up until 12:00 p.m./noon the day prior to the public hearing
date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
•:=i
Legal Description:Parcel No. - 56000990446000
Lot 20 Block 1 - Brightwood Shoreline
Section 34, Township 135, Range 41
Township Name - Star Lake
Dead (56-383), Natural Environment (NE)
31461 Brightwood Shore Dr., Dent MN 56528
Lake Name/Number/Class:
Property Address:
The variance requested is the foiiowing:
Proposing to construct an addition to dweiling/attached garage being 12' from the Road Right of Way,
requesting an 8' variance, required setback is 20'. The proposed addition will be apprpx. 129' from the
lake. The proposed addition meets the requirements for the building line. Also proposing to construct a
second addition to dwelling (enclosed entry). The enclosed entry will be approx. 115' from the lake. This
addition also will meet the building line requirements.
Amy Busko
Board of Adjustment Secretary
August 29, 2019
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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' ’218-63M974 '
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Jf^:'cbNSTRUCTIpN .
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CUSTOM BUILDERS
' 218-44S4006 :
www.vemdalec^ombu{lders.com
JAYWEIHER
S Job Coordinator
Cell: 218-639-0732
loghomes@wcto.net
MN Controctors Licenses #
BC270437 i BC646948 I BC705799
SC^^LE DRAWING FORM
q ^0 600
Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
inks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
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Building line located
approx. 75' from the
Lake.
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
n. is(oLot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft2 Ft2 Ft2 Ft2
£jsa_Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)Pa^^e✓I m
storage Shed Landing(s)
WOAS Driveway(s)
RCU LooParking Area(s)
'3KMiscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)3oO
13l1i2
Miscellaneous
Q,US(q3.30TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft2 Ft2Ft^Total Buildings FP
330 n.isu 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
330 100++=X
LR: Online Permitting Fonns 2016: Impervious Surface Calculation Worksheet 04>11*2016
‘g-!(.-(<;Signature:
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 29th day of August, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Lake AssociationProperty Owner Township Clerk
Jeff Michaelson, Clerk
31461 Brightwood Shore Dr. Star Lake Township
Dent MN 56528
Dead Lake Association
PO Box 127
Richville MN 56576
Cari Ulrich
39840 Star Hill Dr.
Dent MN 56528
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) ,
Big McDonald:
Devils (Near Perham):
Little McDonald, Kerbs & Paul; LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little Pine & Big Pine:
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
2-Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
South Turtle Lake:
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
^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 W 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: August 29, 2019
Extra
BOA Members__
PC Member____
Envelopes Ih
TOTAL NOTICES TO PRINT ^ 2L
\ i/I Added to Agenda ^^Ivjap
Print out Findings of Fact Sheet
Newspapers , iiMitUcl
Amy Busko, Secretary
Otter Tail County Board of Adjustment 5.
I Minutes/1/My 3u<./^oBy:
Amy Busko
l:\BOA\Affidavits\Ulrich (56-383) 09-12-19.docx
Buffer Parcels
Parcel No Addr 1 Addr 2Name 2 CitvStZio
DentMN 56528 9316
Name!
38000030009000 Bonita (rheault) & Wm Novacek 33286 County Highway 115
Shannon & Lynette M Bjorgaard 31441 Brigfhtwood Shore Dr DentMN 56528 933238000030009001
38000030023001 Frank Family Tst Shasta Lake CA 96089 5486PO Box 5486
38000990532000 Cari L Ulrich & Lisa R Hepola 31461 Brightwood Shore Dr DentMN 56528 9332
Dilworth MN 56529 160538000990533000 Carol B Lebakken 401 Mariann Ln
56000990441000 Chris & Marcy Hill 2121 5th St S Moorhead MN 56560 4144
PO Box 51Thomas & Cindy Mathison Racine MN 55967 005156000990443000
Shannon & Lynette M Bjorgaard 31441 Brigfhtwood Shore Dr56000990444000 Dent MN 56528 9332
56000990445000 Kenneth J & Ruth J Johnson 16810 79th St SE Mooreton ND 58061 9705
56000990446000 Cari L Ulrich 4650 Cole Ave Apt 307 Dallas TX 75205 4089
56000990447000 Cari L Ulrich & Lisa R Hepola 31461 Brightwood Shore Dr DentMN 56528 9332
56000990448000 Brett R & Jackie Ulrich 604 Broadway Portland ND 58274 4024
Dent MN 56528 931956000990449000 Gary R S Audrey Erdmann 31559 Brightwood Shore Dr
Gary R & Audrey Erdmann 31559 Brightwood Shore Dr DentMN 56528 931956000990450000
56000990451000 Gary R & Audrey Erdmann 31559 Brightwood Shore Dr Dent MN 56528 9319
31604 Brightwood Shore.DrKenneth J & Rene D Onsum Dent MN 56528 931956000990471000
Brian P & Stacey A Mathison 32105 Brightwood Shore Dr Dent MN 56528 932056000990479000
Page 1 of 1Tuesday, August 27. 2019
Buffer Mail
Address i Address 2 City, State, ZipName
Shannon & Lynette M Bjorgaard 31441 Brigfhtwood Shore Dr DentMN 56528 9332
Cari L Ulrich & Lisa R Hepola 31461 Brightwood Shore Dr DentMN 56528 9332
Gary R & Audrey Erdmann 31559 Brightwood Shore Dr DentMN 56528 9319
Frank Family Tst PO Box 5486 Shasta Lake CA 96089 5486
Chris & Marcy Flill 2121 5th St S Moorhead MN 56560 4144
Kenneth J & Ruth J Johnson 16810 79th St SE Mooreton ND 58061 9705
Carol B Lebakken Dilworth MN 56529 1605401 Mariann Ln
Brian P & Stacey A Mathison 32105 Brightwood Shore Dr Dent MN 56528 9320
Thomas & Cindy Mathison Racine MN 55967 0051PO Box 51
Bonita (rheault) & Wm Novacek 33286 County Highway 115 Dent MN 56528 9316
Dent MN 56528 9319Kenneth J & Rene D Onsum 31604 Brightwood Shore Dr
Brett R & Jackie Ulrich 604 Broadway Portland ND 58274 4024
Cari L Ulrich 4650 Cole Ave Apt 307 Dallas TX 75205 4089
Tuesday, August 27, 2019 Page 1 of 1