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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 •! Xh— 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 m (Pines ' ’218-63M974 ' . «nww,i^lc^hom^ Jf^:'cbNSTRUCTIpN . 21S-63MM7 ■ wwwjreonstnicffminn.cpm 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). IMm" ^ M Scale i :C)€JGlq\ I4 ^v'^aV*ru)0(jl D SCoOOO n‘v3H‘ G-o-^rK^e. ”[3-SVe^p'v<\cj S-t- S-(-ep<; ( P<».vy-«J’s'^ “ RocV -VV. C 0 ►—----------------T! 6''^ ' 5'2i/'ie? 1IUHI2. (! st I i ! b'5k/^ f ID0‘i i( tk I .I OxcTfex " IfI r.mmmr ^ e Sv?<7 i®, 3o.‘ 1 i to' >'a t0 iiv.~i \IT¥A- M- tjocK, jj.' “ i4!r iEdIX 3*8* yKtci.y-jj I5S \2i‘\I\D Eii/.y IP‘xW' P>.e ii I ''k(c iI 1uii.\V k J‘K.tTO : —3^0 —— lo'M,A’ X W i ■A !c -V'vC.\jro-ro.^^ IpVj -p.2L'M i t'^ep-V'x c I1 ‘•i i \1? It ^ Vvo-^< J Signaluije ol Property Owner Dale BK — 032014 SM, 120 • Vtf inf Lirtfleen r t». Piimeis • feigns PalK MN * i OCH>.H4G-4fl/0 I i- r t 31507 BRIGffl aui Building line located approx. 75' from the Lake. 1 t VBRIGHTWOOD■!« II' lb ".I'll 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