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HomeMy WebLinkAbout56000990448000_Variances_10-08-2020i0'2-202O 1249103Date Stamp DECEIVED CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 12/02/2020 02:27 PM M 202G eSOUB^Il.r i- i". '2^ c I^R Initial i crc . AZ r»ri -“'THE ABOVE SPi^E^ i!0 PAGES 2IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIAN€E^'"“^^REC'D: H COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us Application Fee COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date no\^ IxAv'.cJIa CO DAYTIME PHONEPROPERTY OWNER cVyW\ cgtfvn MAILING ADDRESS E-MAIL ADDRESS MBLAKE CLASSLAKE NAMELAKE NUMBER 4)TOWNSHIP NAMERANGETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER sFvoia<7LVvE_rL-tyV ”B> \ \ ^^jloB_OeccoclLEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback ^Misc.WECSClusterSewage System SubdivisionStructure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: *CVV2>r^<A=>vvc!i nr 4, g-. 8 .fe. \SECTION OF ORDINANCE: DtVVjtiL- 'Cor <3—OL VYxvT"iCS^'YCt' <xi^(>-*b>tvtvic4tlAvj "So* (Vc.yv\ d-hu:>L. , Hh>o 4V\<l S\7-\t> VACjT.^c!L^ *57-0^+^- vxtLw; Wu \\vt^ of ujit\ Vo^ VARIANCE REQUEST: SQ-f^VA I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. DATE PuLf^ T/i'i SIGNATURE OF PROPERTY OWNER / AGENT FOR OWTlER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY O '- OoJD -7^TimeDate Of Board of Adjustment Hearing Motion Brett & Jackie Ulrich - Variance Application Approved as Requested (6:01 p.m.) After consideration and discussion, t erry Marthaler made a motion, seconded by Michael Donoho and carried by roll call vote to approve the variance request to add a two story addition with an attached garage being 80 feet from the ordinary high w'ater level and to increase the shore impact zone impervious surface coverage by 520 sq ft. for a total of 1357 sq. ft coverage in the shore impact zone. This decision is 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 have been placed on file with the Land & Resource Management Department. iJin/Otter Tail County Board of AdjustmentChairm Permit(s) required from Land & Resource Management ^T^Yes (Contact Land & Resource Management) No IdIhIio ' LR Official/Date J Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR 368,804 • Victor Lundeen Co . Printers • Fergus Falls, MN • 1-800-346-4870CL 01122019-001 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TRIloosaTT-aiaaiipis 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:Brett & Jackie Ulrich Address/Parcel No. 31507 Brightwood Shore Dr. / 56000990448000 Requested Variance: Requesting a setback variance to the OHWL for a proposed two-story addition with attached garage roadside of existing cabin approximately 80' from OHWL. Also request the SIZ impervious surface to go from 837 so. ft. to 1357 sq. ft., an increase of 520 sq. ft. The new proposed is behind the line of sight and will be meeting all other setbacks & impervious surface. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: IN. 4. A. & IV. 8 B. 1. 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: Would like to add on to the existing cabin which is within 100' from the OHWL and also 20' of the proposed is going to be within the shore impact zone therefore a variance is needed. 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 Land Use Ordinance allows property owners to develop and improve their property. 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 addition to the existing structure is not further to the lake than the existing structure. 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: It is an existing iot of record with a smaii building enveiope. 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 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 land use patterns and use of property in the vicinity of the request. 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: The proposed improvements are to the existing The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: October 8, 2020 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. MINUTES OF THE MEETING OF THEOTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, October 8, 2020 The Otter Tail County Board of Adjustment met Thursday, October 8. 2020, with the following persons in attendance via GoToMeeting: Jack Rosenthal Darren Newville Douglas Larson Michael Donoho Terry Marthaler Thomas Lee Chris LeClair, Director, Land & Resource Management Kyle Westergard, Assistant Director Ben Olson, Assistant County Attorney The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec. 13D.021 Subd. 1(1). Called to Order - Thomas Lee, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the September 10, 2020 meeting. The Board of Adjustment considered the following application(s) for variance; Brett & Jackie Ulrich - Variance Application .Approved as Requested (6:01 p.m.) Brett & Jackie Ulrich, Lot 22 Blk 1 of Brightwood Shoreline, Dead Lake (56-383), Star Lake Township request the following; Requesting a setback variance to the OHWL for a proposed two-story addition with attached garage roadside of existing cabin approximately 80’ from OHWL. Also request the SIZ impervious surface to go from 837 sq. ft. to 1357 sq. ft., an increase of 520 sq. ft. The new proposed is behind the line of sight and w ill be meeting all other setbacks & impervious surface. Ron Malone. Contractor represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Terry Marthaler made a motion, seconded by Michael Donoho and carried by roll call vote to approve the variance request to add a two story' addition with an attached garage being 80 feet from the ordinary high water level and to increase the shore impact zone impervious surface coverage by 520 sq. ft. for a total of 1357 sq. ft coverage in the shore impact zone. This decision is 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 w hich have been placed on file with the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN XThomas Lee Darren New ville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Darrell & Kay Rotvold - Variance Request Approved as Requested (6:09 p.m.) Dan ell & Kay Rotvold, Lot 20 Blk 2 of Pleasure Park & GL 8, Otter J ail Lake (56-242), Otter Tail Tow nship request the following: Removal of existing 22’ x 22’ garage and 8’ x 22’ laundry utility space. Replace with 2 story addition 24’ x 36’ with garage & utility laundry on ground floor and loft & recreation space above. Footprint will increase by a total of 210 sq. ft. Height will change form single story to two story. Remodel will be inline with existing dwelling. Structure will be 6 feet from the lotline. The requirement is 10 feet. Board of Adjustment October 8, 2020 Page I 1 STAFF REPORT Brett & Jackie UlrichAPPLICANT: Requesting a setback variance to the OHWL for a proposed two story addition with attached garage roadside of existing cabin approximately 80' from OHWL. Also request the SIZ impervious surface to go from 837 sqft to 1357 sqft, an increase of 520 sqft The new proposed is behind the line of sight, and will be meeting all other setbacks & impervious surface. APPLICATION: 31507 Brightwood Shore DR, Star Lake Twp, 56000990448000LOCATION: LAKE NAME/NUMBER/CLASS: Dead Lake, 56-383, NE STAFF WHO COMPLETED REPORT: Chris LeClair RPI1S ▼ 07 BRIGHTWOOD SHORE DR X Q, t 56Q c * - A ffze^^Twoo D p righTJvood#iore db"'. i f- 1 iK,»•* r . Staff Recommendation: Either approve or deny. If o motion is mode to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION IV, Subp. 8, B The following are specific standards; Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square B. 1. ft. SECTION IV, SUBP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 4.Nonconformities; certain classes of property. This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Site visit September 30, 2020 2. No comments 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: Brett & Jackie Ulrich 604 Broadway Portland ND 58274-4024 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, October 8, 2020 at 6:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application 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: Parcel No. - 56000990448000 Lot 22 BIk 1 - Brightwood Shoreline Section 34, Township 135, Range 41 Township Name - Star Lake Dead (56-383), Natural Environment (NE) 31507 Brightwood Shore Dr., Dent MN 56528 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: Requesting a setback variance to the OHWL for a proposed two-story addition with attached garage roadside of existing cabin approximately 80' from OHWL. Also request the SIZ impervious surface to go from 837 sq. ft. to 1357 sq. ft., an increase of 520 sq. ft. The new proposed is behind the line of sight and will be meeting all other setbacks & impervious surface. September 24, 2020 Ajny Busko Board of Adjustment Secretary ottertailcountymn.us(s)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 Otter Tail County Web Map http://WWW. CO. o tter- tail. mn. us i 31507 BRI TWOOD ShK)RE DR "5^^ 4 a »»Ot’ 4'^*" -,2 'r \-± ^ vt <0 » ' If vD , ifc. : 'V =^--V -- I / 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 scaie 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. Existing Ft^Proposed Ft^ mmBuilding(s) Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) mParking Area(s) mRetaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL mTotalExisting Proposed TotalFt^Ft^Ft^Shore Impact Zone Impervious Surface Maximum Allowable 260 Ft^ i'i Impervious Surface Calculation SIZ 04-11-2016 : /V^Signature:Date: IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existingi-i2 Proposed Ft^ Ft^Ft^Ft mi5X2Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WWOASDriveway(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 Ft^ Ft^Ft^ Ft^Total Buildings r...l I,Off5'3>,CTi 100+-5-z: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^ T%IJSZ M.h,* h,100+x Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date 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 24*'^ day of September, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Jeff Michaelson, Clerk Star Lake Township 39840 Star Hill Dr. Dent MN 56528 Dead Lake Association PO Box 127 Richville MN 56576 Brett & Jackie Ulrich 604 Broadway Portland ND 58274 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 (N^Perham): LittleTHcDronald Little pJl^Big Pine: Pelicq^ FishsB South Turtle Lake: Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, 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 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 , Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp, Dist., PO Box 405, Perham, MN 56573 ass & 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 lU Board of Adjustment Members: 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 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 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 File 1Dated: September 24, 2020 Extra BOA Members___5 PC Member_____ Envelopes 12 TOTAL NOTICES TO PRINT___25 I I Added to Agenda CD Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus 6Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy: Amy Busko l:\BOA\October BOA\Ulrich Affidavit (56-383) 10-8-20.docx ' rBuffer Parcels Addr2 Citv St ZiDAddrl 33286 County Highway 115 Parcel No Name 2Name 1 Dent MN 56528 931638000030009000 Bonita Rheault & Wm Novacek Dent MN 56528 933238000030009001 Shannon & Lynette M Bjorgaard 31441 Brightwood Shore Dr Dent MN 56528 933231461 Brightwood Shore Dr38000990532000 Cari L Ulrich & Lisa R Hepola Dent MN 56528 931638000990533000 William & Bonnie Novacek Et Al 33286 County Highway 115 Racine MN 55967 005156000990443000 Thomas & Cindy Mathison PO Box 51 Dent MN 56528 933231441 Brightwood Shore Dr56000990444000 Shannon & Lynette M Bjorgaard Mooreton ND 58061 970516810 79th St SE56000990445000 Kenneth J & Ruth J Johnson Dent MN 56528 933231461 Brightwood Shore Dr56000990446000 Cari L Ulrich Dent MN 56528 933256000990447000 Cari L Ulrich & Lisa R Hepola 31461 Brightwood Shore Dr Portland ND 58274 402456000990448000 Brett R & Jackie Ulrich 604 Broadway Dent MN 56528 931956000990449000 Gary R & Audrey Erdmann 31559 Brightwood Shore Dr Dent MN 56528 931956000990450000 Gary R & Audrey Erdmann 31559 Brightwood Shore Dr Dent MN 56528 931956000990451000 Gary R & Audrey Erdmann 31559 Brightwood Shore Dr Fargo ND 58102 1617209 27th Ave N56000990452000 Deborah D Clark Fergus Falls MN 56537 742618641 260th St56000990453000 Collin P Goepferd Dent MN 56528 931931604 Brightwood Shore Dr56000990471000 Kenneth J & Rene D Onsum Page 1 of 1Monday. Seotember 21. 2020 Buffer Mail i City, State, ZipAddress i Address 2Name Shannon & Lynette M Bjorgaard 31441 Brightwood Shore Dr Dent MN 56528 9332 Dent MN 56528 9316Bonita Rheault & Wm Novacek 33286 County Highway 115 Cari L Ulrich & Lisa R Hepola 31461 Brightwood Shore Dr Dent MN 56528 9332 Deborah D Clark Fargo ND 58102 1617209 27th Ave N Gary R & Audrey Erdmann 31559 Brightwood Shore Dr Dent MN 56528 9319 Fergus Falls MN 56537 7426Collin P Goepferd 18641 260th St Kenneth J & Ruth J Johnson 16810 79th St SE Mooreton ND 58061 9705 Thomas & Cindy Mathison Racine MN 55967 0051PO Box 51 Kenneth J & Rene D Onsum Dent MN 56528 931931604 Brightwood Shore Dr Portland ND 58274 4024Brett R & Jackie Ulrich 604 Broadway Cari L Ulrich 31461 Brightwood Shore Dr Dent MN 56528 9332 William & Bonnie Novacek Et Al 33286 County Highway 115 Dent MN 56528 9316 Page 1 of 1Monday, September 21, 2020