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Home My WebLink About56000990669000_Variances_10-08-2020one lO- $-ZjC^2^ 1249113Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REOISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 12/02/2020 02:50 PM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N I-:■RECEIVED SEP 1 5 202C 8: RESOORC': oS IKCO 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.co.otter-tail.mn.usOTTCRTim Application Fee 500 • DO Z02-q- 0-2-\Receipt Number Accepted by'fetn Date Property Owner Name MICHAEL SHUGA Address 36631 CO HWY 35 City Dent state MN Zip 56528 Daytime Phone 480-459-8832 Email shuga67@mjshuga.com Parcel Information Lake Class qdLake NameLake No Star Lake56-385' Parcel Number(s)56000990669000 Parcel Number(s) SectionTownship Name 23STAR LAKE TOWNSHIP Legal Description Sect-23 Twp-135 Range-041 SOUTH STAR ESTATES LOT 4 BLK 1 Physical Address 36631 CO HWY 35 DENT TYPE OF VARIANCE REQUESTED (Please Check) 0 □□structure Setback SubdivisionStructure Size Sewage System □ □□MiscellaneousWECSCluster Version Date: 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:______ SHORELAND MANAGEMENT ORDINANCE Sec 4, Max Structure Height Non-Dwelling 20 FT mr. 4. Building project requires structure height of 27 FT. Building addition to existing garage to allow for additional storage and home office.Of -ftivr -duj-f l(i>^ \S 20'. flil \wipetv\ous Su'r-faci VenTcivi^ U)\U 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 UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATUR|«F PROPERprDvVNER/AGENT FOR OWNER a DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) \o C>'-0oB f tx>zx>Date of Hearing TimeAv Motion Michael Shuga - Variance Application Denied (7:18 p.m.) After constderation and discussion, Douglas Larson made a motion, seconded by Terry Marthaler, and carried by roll call vote to deny the variance request to construct a non-dwelling being 27 feet in height. The board indicated that there are no similar structures which exceed the 20’ height restriction for a non-dwelling in the area. This denial is also 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. ISU PlrLlltO Chairman/OtterTail County Board of Adjustment dSo Lti Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management 10 mnoCopy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 James & Lynne Giordano - C ontituied Upon further consideration and discussion Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance to replace the existing dwelling being 8’2” from the east lotline and 6’ 1” from the west lotline. This variance also approves the replacement of the existing detached garage with the condition that the lotline setback be increased another 40” from the requested US" variance request which w ill place the detached garage 60” from the w est lotline and the maximum height of the detached garage cannot exceed 20’. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment ABSENT ABSTAINYEANAY XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Michael Shuga - Variance Application Denied (7:18 p.m.) Michael Shuga, Lot 4 Blk 1 of South Star Estates, Star Lake (56-385) in Star Lake Tow nship request the follow ing: Building project requires structure height of 27 ft. Building addition to existing garage to allow for additional storage and home office. Max height restriction for a non-dwelling is 20’. All setbacks and impervious surface requirements will be met. Michael Shuga, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler, and carried by roll call vote to deny the variance request to construct a non-dwelling being 27 feet in height. The board indicated that there are no similar structures which exceed the 20’ height restriction for a non-dwelling in the area. This denial is also 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 w ith the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment ABSENT ABSTAINYEANAY XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Robin Hanson & Michael Murphy - Variance Request Approved as Requested (7:29 p.m.) Robin Hanson & Michael Murphy, That Part of GL 5 (5.01 Acres), Little Pine Lake (56-142), Corliss Township request the following: We would like to split 5.01-acre tract into 3 Lots as follows: • Lot 1 - Being approximately 39,568 sq. ft. will be permanently attached to parcel no. 12000300198007 which will increase the size of the existing 5-acre parcel. • Lot 2 - Being approximately 58,316 sq. ft. to be a stand-alone single-family residential lot. • Lot 3 - Being approximately 120,477 sq. ft. to be permanently attached to parcel no. 12000990296000 for non-residential purposes. Page I 4 Board of Adjustment (October 8. 2020 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: 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 Michael Shuga 36631 Co. Hwy 35 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 (Ne^Perham): Little Little Pi Pelic South Turtle Lake: 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 IIS (N^pe riHcHronald 3 Fyk^ig FisrtyB Big Pine: 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 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 _ TOTAL NOTICES TO PRINT____23 r~| Added to Agenda ED Map r~| Print out Findings of Fact Sheet Newspapers FFDJ_______________ 6Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:10Amy Busko l:\BOA\October BOA\Shuga Affidavit (385) 10-08-20.docx Buffer Parcels Addr2 Citv St ZipParcel No Addr 1Name 2Name 1 Dent MN 56528 951256000230174000 Laird A & Maxine L Stoll 37381 395th St Dent MN 56528 951256000230176000 Laird A & Maxine L Stoll 37381 395th St Rosemount MN 55068 247356000990609000 Richard G & Linda J Victor 13624 Brass Parkway Erhard MN 56534 942229321 County Highway 2456000990610000 James Lindenfelser West Fargo ND 58078 151756000990611000 Darrin M & Rhonda A Gorden 726 3rd Ave W Champlin MN 55316 230756000990612000 TeichroewTst 11832 Texas Ave N Apple Valley MN 55124 62845807 125th St W56000990614000 Bradley B & Eileen M Rassatt 0056000990615000 To The Public Perham MN 56573 180456000990666000 Cnd Properties LLC 135 Main St E Saint Cloud MN 56303 035056000990667000 Jeff Hagen 4256 Center St Perham MN 56573 130156000990668000 Tyrell Adams 448 1st Ave N Tempe AZ 85281 279456000990669000 Michael J & Debra K Shuga 558 6th St W Page 1 of 1Tuesday. September 22. 2020 m PP*'h'T 1 Buffer Mail 'V.i City, State, ZipAddress i Address 2Name Tyrell Adams Perham MN 56573 1301448 1st Ave N Cnd Properties LLC Perham MN 56573 1804135 Main St E Darrin M & Rhonda A Gorden 726 3rd Ave W West Fargo ND 58078 1517 Jeff Hagen Saint Cloud MN 56303 03504256 Center St James Lindenfelser Erhard MN 56534 942229321 County Highway 24 Bradley B & Eileen M Rassatt 5807 125th St W Apple Valley MN 55124 6284 Michael J & Debra K Shuga 558 6th St W Tempe AZ 85281 2794 Laird A & Maxine L Stoll 37381 395th St Dent MN 56528 9512 Teichroew Tst Champlin MN 55316 230711832 Texas Ave N Richard G & Linda J Victor Rosemount MN 55068 247313624 Brass Parkway Tuesday, September 22, 2020 Page 1 of 1 STAFF REPORT Michael ShugaAPPLICANT: Building project requires structure height of 27 ft. Building addition to existing garage to allow for additional storage and home office. Max height restriction for non-dwelling is 20'. All setbacks and impervious surface requirements will be met. APPLICATION: LOCATION:36631 Co. Hwy 35, Dent MN 56000990669000 LAKE NAME/NUMBER/CLASS: Star, 56-385, General Development STAFF WHO COMPLETED REPORT: Chris LeClair *911161gliTS 36631 CO mVY35 f- Shov\ ees'ch results far 36631 C I 10 560009^ 5^000990668000' ‘ ^ ^36617 CO HVW 35 V. % Staff Recommendation; Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A RIVERSLAKES SETBACKS (Ft) Elevation Above OHWL U&TGDNERD Ag Trans Vertical Separation*33 3 3 3 3 Setback From OHWL Dwellings / Non-Dwellings 100 200 100 100 15075 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 10 10 50 50 50 50 50 50 Residential PUD 50 50 50 50 50 50 90WOAS4065 40 65 115 Top of Bluff 30 303030 30 30 Road Right-of-Wav (Public / Private) All Structures 20 20 20 20 20 20 Septic Tanks All Structures 1010 10 10 10 10 Soil Treatment Area Dwelling Non-Dwelling Maximum Structure Height 20 20 20 20 20 20 10 10 10 10 10 10 Dwelling Non-Dwelling *** 35 35 35 35 35 35 20 20 20 20 20 20 10 10 10 10 10WOAS10 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: Michael Shuga 36631 County Hwy 35 Dent MN 56528 Flas/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 u/eather 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. - 56000990669000 Lot 4 BIk 1 - South Star Estates Section 23, Township 135, Range 41 Township Name - Star Lake Star (56-385), Naturaf^p^vironment 36631 Co. Hwy 35, Dent MN 56528 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: Building project requires structure height of 27 ft. Building addition to existing garage to allow for additional storage and home office. Max height restriction for a non-dwelling is 20'. All setbacks and impervious surface requirements will be met. Arny Busko Board of Adjustment Secretary September 24, 2020 ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 ■K.; v ' IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft*):i Other Impervious SurfaceBuildings ProposedExistingProposedExisting Ft*Ft*Ft*Ft* Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage Storage Shed Landing(s) Driveway(s)WOAS \ . CISC O»Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier)Miscellaneous 1°^\I’D TOTAL OTHERTOTAL BUILDINGS )4 Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Existing TotalProposed Lot Area Ft* Ft* Ft* Ft*Total Buildings 6, "/o'Hole,b'?qg'-\100+■r Xs Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Impervious Surface Ratio Total Buildings + Other Impervious Surface Existing Proposed Lot Area Ft*Ft*Ft*Ft* 3^a\s~ I155_b ,03 100+-r X LR: Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date otter Tail County Web Map http: // w ww. CO. o tter- tail. mn. us STAR UKE STAR ^56000990614000 00230174000 56000990668000 ^Hj^^a^ie^l^docume^ntTFo^efe^c^Use'^Qnly.yAccuracy.is not guaranteed.,JTTERTAILI [tpUMTY Mir#»E»*A 1 Garage SF to be added: 740+380= 1120SF, Existing garage is 720SF, with the addition the garage will have be 1840 SF. ■y r This is the existing garage which is 24x30.The addition will be the same distance from the OHW as the existing garage which is 75+ •« 18' 0" ► A!b4 < 7Z9 3" ►$▼▼ < 24' 3" ►ti II I H ■4Ji-II <380'11" ►I I▼ I I II Sice:Drawing:Project:Drawn: Mike Shuga36631 Covinty Hwy 35. Title Scale:Date: PrepoMd garag« addition A Garage roof peak change. I Existing {pitch will turn on new I roof line.I Ab rjI existing jgarage doorj▼ j I Ah ▼ !,•i »AItb3I‘ ▼ •4 40' 0'> Project s Drawing: Mike Shuga Site: 36631 Coxinty H*ry 35. Seale:Data:Title Pr<q>o8«d garaga addition A