HomeMy WebLinkAbout28000280206008_Variances_04-08-2021^•&-20Zl
1256570Date Stamp
received
MAR 1 6 2021
LAfJDS RESOURCE
LYNH R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/15/2021 12:17 PM
SvAiiliLi)
L&R Initial
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PAGES 9THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE"REC'D: N
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s VVebsite: www.ottertailcountvmn.us
Soo- CDApplication Fee _
Receipt Number J^OjPl~00 0
Accepted By / Date y( iF
Sc l^< icu e k eCOMPLETE THIS APPLICATION IN INK/
PHONE 2,/ S -^3} ’■H2J30DAYTIMEPROPERTY OWNER
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MAILING ADDRESS
E-MAIL ADDRESS
MeLAKE CLASSLAKE NUMBER
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E-911
ADDRESS
PARCEL
NUMBER Co-3j
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LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
X-WECSStructure Size Sewage System Subdivision ClusterStructure Setback
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.
v4" (CcAtSW'xvlavT/ii iWiuOTTER TAIL COUNTY ORDINANCE:e me
SCSECTION OF ORDINANCE: -
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VARIANCE REQUEST;
‘J
OiSh.]^ ^.r2-.
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.
(XVa/vs—
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
/Vpn I S ij)a ^UrDDate Of Board of Adjustment Hearing
Motion
Time
Gary «& Anne Scheidecker- Variance Application Approved as Requested (8:03 p.m.)
After consideration and discussion, Douglas Larson made a motion seconded by Michael Donoho and carried by roll
call vote to approve the variance to construct a 12’ x 14’ Sunroom, 8’ x 14’ raised deck being 75 from the ordinary
high-water level and allow the shore impact zone impervious surface coverage to be 1896 sq. ft. lliis 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 pan of the minutes which have been placed on file with the Land &
Resource Management Department. It was noted that this is a safety issue.
hu\ tkmaj
Chairman/otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
es (Contact Land & Resource Management)
No
y L R Official/Date
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TflilpeaiTT
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:Gary & Anne Scheidecker
Address/Parcel No. 29236 Co. Hwy 3 / 28000290225000, 28000290226000 & 28000280206008
Requested Variance: Variance from required 200' OHWL of 125' to replace the existing deck with a Sunroom (12' x 14')
and add a 8' x 14' raised deck. Variance from the Shore Impact Zone (SIZ) impervious surface (anything within 100' of the
OHWL more than 260 sq.ft.) amount requested is 1896 sq. ft. Note the impervious surface in the SIZ will not change as
the sunroom will be the same size as the existing deck. Our house was built in 1972-73 all of it is within the SIZ.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. [ I Subdivision. I I WECS □ Dock & Riparian Use 1] Setback Ord.
Ordinance Section Citation: III. 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: Replacing a rotten deck which we can only use a couple weeks out of the
year as it is to buggy and hot in the summer. It also sits above the furnace room so we will not be changing the footprint of the
property, just want to add roof and walls and a deck, stairs to get up and down to it.
Otter Tail County Board of Adjustment-Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the officiai controi? (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 Shoreland Management Ordinance allows property owners to develop and improve their property.
2. Is the property owner proposing to use the property in a reasonabie 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 is a minimal addition to the existing legal non-conforming 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 iegai non-conforming structure not meeting setbacks of the Shoreiand Management Ordinance.
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:
The proposed addition is a minimai addition to the existing Iegai non-confarming structure.
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 addition is a minimum expansion to an existing iegai non-conforming structure.
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: April 8, 2021
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.
1204228
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
^ ( ) filed ( ) not required.
-SCert. of Real Estate Value No.
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
03/27/2018 12:40 PM
FEE: 46.00
PAGES 5
WELL CERTIFICATE REC'D: N
•CO
Ocsj
(Year)
” Wayne Stein, County Auditor/Treasurer
by
TZOOOZ^ZaioOOS Deputy
Minnesota Uniform Conveyancing Blanks
_______________Form 10.3.1 (2016)
QUITCLAIM DEED
lndividual(s)to Individual(s)
eCRV number:
Ckr;<UV.r
\ K . \ ff/nsert name end of each GrantoO ^ __)
hereby conveys and quitclaims C"\/' AA L—
^ 1 _ , / //nsert«^o/^&an(Be;t
DEED TAX DUE: $DATE:
FOR VALUABLE CONSIDERATION,
("Grantor’),
(“Grantee"), as
□ tenants in common,
'^^joint tenants,
(II more than one Grantee is named atme and either no box is checked or both boxes are checked,
this conveyance is rhade to the named Grantees as tenants in common.)(Check only one box)
1 d;"> \County, Minnesota, legally described as follows:real property in
1 oixl ^OY^5u:Sc£,^<3ii(^r)
COiii^TV OF OTTER TAiL
STATE OF fStiJKISSOT.A
DSiir ly t AX $
DAT’-..
Check here if all or part of the described real property is Registered (Torrens) Q
together with ail hereditaments and appurtenances belonging thereto.
Page 1 of 2
r
otter Tail County, Minnesota 1204228 1 of 5
Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.1
Check applicable box:
□ The Seller certifies that the Seller does not know of any wells on^u
the described real property.
□ A well disclosure certificate accompanies this document or has ^
been electronically filed. (If elechonically filed, insert VVDC^number|i|i|iiS;:;;^:l||iS^
^ 1 am familiar with the property described in this instrument andJ^
‘ I certify that the status and number ofwells on the described ^
Grantor
(signature)
real property have not changed since the last previously filed
well disclosure certificate.
State of
~ ■ (tnonlMlanear)^ KDj'-rH tcJx.gy
~ ' ' ' (ins^ name anl marital status of each Grantor)
L 0 j r^ B r
This instrument was acknowledged before me on ..by
^pjTsloU;j{ 1
(signaturBofnolariatal^)
Title (and Rank): i r^.
My commission expires:
(Stamp)
I l^J----------
I (npnthfoay/year)
NatoyPublieSwe of Florida Bobtoilea Daniel
^ Commlision OG 126611
B<pir«$ 07/2612021
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
THIS INSTRUMENT WAS DRAFTED BY:
(insert name ant) address) 1 ^ 1
TJK'ZHc 0-Otw^y
(Insert legal name and residBntial or business address el Grantee) - \ \ V 1Ctt-y hK 1- We L-
7 L'bCs ^.ou.v^■fy tficry 3
Qrr.u^ ^ ^
Otter Tail County, Minnesota 1204228 2 of 5
Schedule "A" Legal Description
o'3i^5'tc6
TRACTS
That part of Government Lot 5, Section 28, Township 134 North, Range 42 West, Otter Tail County, Minnesota,
described as follows:
Commencing at the Southwest comer of said Section 28; thence North 00 degrees 00 minutes 00 seconds East,
assumed bearing, along the West line of said Section 28 for a distance of 500.45 feet to the point of beginning of the
tract to be herein described; thence South 90 degrees 00 minutes 00 seconds East 107.58 feet; thence North 80
degrees 31 minutes 46 seconds East 284.65 feet; thence North 01 degree 05 minutes 14 seconds East 571.31 feet;
thence North 23 degrees 58 minutes 59 seconds West 232 feet, more or less, to the shoreline of Otter Tail River
(Red River Lake); thence Northwesterly along said shoreline to said West line; thence South 00 degrees 00 minutes
00 seconds West along said West line 866 feet, more or less, to the point of beginning.
AND
That part of Government Lot 6, Section 29, Township 134 North, Range 42 West, Otter Tail County, Minnesota,
described as follows:
Commencing at the Southwest comer of Section 28, Township 134 North, Range 42 West, said County; thence
North 00 degrees 00 minutes 00 seconds East, assumed bearing, ajong the West line of said Section 28 for a distance
of 500.45 feet to the point of beginning of the tract to be herein described; thenpe continuing North 00 degrees 00
minutes 00 seconds East along said West line 719.35 feet; thence North 90 degrees 00 minutes 00 seconds West
194.81 feet, more or less, to the centerline of Otter Tail County State Aid Highway Number 3; thence South 08
degrees 09 minutes 16 seconds East along said centerline 726.70 feet, more or less, to the intersection with a line
bearing North 90 degrees 00 minutes 00 seconds West from the point of beginning; thence South 90 degrees 00
minutes 00 seconds East 91.73 feet, more or less, to the point ofbeginning.
EXCEPT
That part thereof conveyed to Otter Tail Power Company in Book 106 of Deeds, page 405, on file in the office of
the Otter Tail County Recorder, described as follows:
Begiiming at a point on the West line of Section 28 T134N R42W, Otter Tail County, Minnesota, said point being
1365 feet North of the Southwest comer thereof; thence S 82°48’ E 472 ft; thence N 56°20’E 298 ft; thence S
79“50’ E 167 ft; thence S 33'’12’ E 158 ft; thence N 84°15’ E 535 ft; thence N48°20’ E 240 ft; thence N 74‘’25' E
120 ft; thence S 74°00’E 94 ft; thence N 84“55’ E 761 feet to the North and South quarter Section line mnning
through the center of said Section 28; thence North on said quarter Section line to the waters edge of the Otter Tail
River; thence Westerly along the waters edge of the said river to the said West line of Section 28; thence South on
said West line of Section 28 to the point ofbeginning.
otter Tail County, Minnesota 1204228 3 of 5
Subj'ebV to'and toBether with a 66 foot wide easement for ingress, egress, drainage, and utility purposes over, under,
and across part of Government Lots 5 and 6, Section 28, Township 134 North, Range 42 West, Otter Tail County,
Minnesota, the Southerly line of said easement is described as follows;
Commencing at the Southwest comer of said Section 28; thence North 00 degrees 00 minutes 00 seconds Fast,
assumed bearing, along the West line of said Section 28 for a distance of 500.45 feet to the point of beginning of the
line to be herein described; thence South 90 degrees 00 minutes 00 seconds East 107.58 feet; thence North 80
depees 31 minutes 46 seconds East 429.29 feet; thence North 57 degrees 03 minutes 23 seconds East 322.83 feet;
thence South 76 depees 19 minutes 17 seconds East 620.01 feet; thence North 60 degrees 55 minutes 58 seconds
East 386.65 feet; thence South 75 depees 43 minutes 48 seconds East 185.05 feet; thence South 89 depees 17
minutes 26 seconds East 289.77 feet; thence North 79 degrees 29 minutes 19 seconds East 114.50 feet and said line
diere terminating.
Together with an casement for ingress, epess, and utility purposes over, under, and across that part of said
Government Lot 5, not included in the above-described easement, which lies within the circumference of a circle
having a radius of 66.00 feet. The center of said circle is a point 66.00 feet Northwesterly from the terminus of the
above-described centerline as measured at right angle to said centerline.
AND
Subject to and together with a 20.00 foot wide element for inpess, epess, drainage, and utility purposes over,
under, and across Government Lot 6 and part of Government Lot 5, Section 28, Township 134 North, Range 42
West, Otter Tail County, Minnesota, the centerline described as follows:
Commencing at the Southwest comer of said Section 28; thence North, assumed bearing, along the West line thereof
1198.00 feet to a point hereinaRer referred to as Point A; thence South 88 depees 48 minutes 24 seconds West
125.68 feet, more or less, to the Easterly right-of-way line of County State Aid Highway Number 3 and point of
beginning of the centerline to be herein described; thence North 88 depees 48 minutes 24 seconds East 125.68 feet,
more or less, to said Point A; thence North 74 depees 48 minutes 17 seconds East 157.83 feet; thence South 70
degrees 29 minutes 40 seconds East 126.21 feet; thence South 83 degrees 44 minutes 36 seconds East 220.51 feet;
dience North 76 depees 33 minutes 51 seconds East 131.12 feet; thence South 60 degrees 15 minutes 30 seconds
East 159.30 feet; thence South 83 depees 47 minutes 35 seconds East 29.28 feet; thence North 62 depees 42
minutes 54 seconds East 45.25 feet; thence North 86 degrees 43 minutes 27 seconds East 240.23 feet; thence South
78 depees 39 minutes 44 seconds East 64.08 feet; thence North 88 degrees 21 minutes 56 seconds East 66.98 feet;
dience North 81 degrees 06 minutes 10 seconds East 83.48 feet; thence South 86 depees 52 minutes 18 seconds
East 47.80 feet; thence South 79 depees 16 minutes 07 seconds East 89.14 feet and said centerline there
terminating.
The sidelines of said easement shall be prolonged or shortened to terminate on said Easterly right-of-way line.
Subject to and together with the right-of-way for Otter Tail County State Aid Highway Number 3.
I h8?Sby..Mrtif!
taXBS for thftV
far the Unas o
Subject to easements, restrictions, and reservations of record.
'ear ibed
County
Otter Tail County, Minnesota 1204228 4 of 5
■ ^
Commencing at a point 1219«S feet North of the Southeast Comer of Section 29, Township 134, Range 42; thence running '.Vest 190 feet; thence due North to the South shore of the Otter
Tail River; thence Easterly along the South shore of said Otter
Tail River to the East Section line of the said Section 29; thence South along the East line of said Section 29 to the point
of beginning; containing about 115 square rods, more or less.
:
i
1 .■i
I
!
OtteiJIaiLCounty, Minnesota 1204228 5 of 5
Gary & Anne Scheidecker- Variance Application Approved as Requested (8:03 p.m.)
Gary & Anne Scheidecker, N 554.3’ of Lot 6 (1.53 Ac), Pt of GL 6 (.71 Ac) & Pt of GL 5 (8.09 Ac), West Red River Lake (56-711)
in FribergTownship requested the following: Variance from required 200’ OHWL of 125’ to replace the existing deck with a Sunroom
(12’ X 14’) and add a 8’ x 14’ raised deck. Variance from the Shore Impact Zone (SIZ) impervious surface (anything within 100’ of
the OHWL more than 260 sq.ft.) amount requested is 1896 sq. ft. Note the impervious surface in the SIZ will not change as the
sunroom will be the same size as the existing deck. Our house was built in 1972-73 all of it is within the SIZ.
Gary & Anne Scheidecker, property owners represented the variance application via GoToMeeting. The audience was polled with no
one speaking for or against this application.
After consideration and discussion, Douglas Larson made a motion seconded by Michael Donoho and carried by roll call vote to
approve the variance to construct a 12’ x 14’ Sunroom, 8’ x 14’ raised deck being 75’ from the ordinary high-water level and allow
the shore impact zone impervious surface coverage to be 1896 sq. ft. 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. It was noted that this is a safety issue.
Roll call vote as follows:
Board of Ad justment YEA NAY ABSENT ABSTAIN
Darren Newville X
Thomas Lee X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Rick Wilson - PC Member
X
X
Byron & Jana Sundbom - Variance Application Approved as Requested (8:10 p.m.)
Byron & Jana Sundbom, Lot 4 of Stewarts Oak Harbor, Belmont Lake (56-237) in Clitherall Township requested the following:
Proposing to replace the existing dwelling with a new dwelling, attached garage and deck. The proposed dwelling & attached garage
will be approximately 68’ from the ice & the deck will be approximately 60’ from the ice. The OHWL setback cannot be determined
at this time due to frozen water. The proposed deck, dwelling & attached garage will be located behind the building line, however it is
in the Shore Impact Zone (SIZ). The total proposed impervious surface coverage in the SIZ will be approximately 1,476 sq. ft. On a
Natural Environment (NE) Lake the structure setback is 200’ and in the SIZ you cannot cover more than 260 sq.ft, of impervious
surface coverage. The lot is an existing substandard lot of recorded created September 29, 1964.
Byron & Jana Sundbom, property owners represented the variance application via GoToMeeting. The audience was polled with Robin
& Randy Mclntire in support of the variance as requested.
After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and unanimously carried by roll call
vote to approve the variance request to construct a new dwelling with an attached garage being approximately 68’ from the ordinary
high-water level and a deck being approximately 60’ to the ordinary high-water level and to cover 1,476 sq. ft. of impervious surface
coverage in the shore impact zone. The board noted that this lot is a substandard lot and lake setback is difficult to meet. 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.
Roll call vote as follows:
Board of Adjustment YEA NAY ABSENT ABSTAIN
Darren Newville X
Thomas Lee X
Douglas Larson
Michael Donoho
X
X
XTerry Marthaler
Rick Wilson - PC Member X
Board of Adjustment
April 8, 2021
Page I 7
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:
Gary & Anne Scheidecker
29236 County Hwy 3
Fergus Falls MN 56537
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, April 8, 2021 at 7:00 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. - 28000290225000, 28000290226000 & 28000280206008
N 554.3' of Lot 6 (1.53 Ac), Pt of GL 6 (.71 Ac) & Pt of GL 5 (8.09 Ac)
Sections 28 & 29, Township 134, Range 42
Township Name - Friberg
West Red River Lake (56-711), Natural Environment (NE)
29236 Co. Hwy 3, Fergus Falls MN 56537
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Variance from required 200' OHWL of 125' to replace the existing deck with a Sunroom (12' x 14') and
add a 8' X 14' raised deck. Variance from the Shore Impact Zone (SIZ) impervious surface (anything
within 100' of the OHWL more than 260 sq.ft.) amount requested is 1896 sq. ft. Note the impervious
surface in the SIZ will not change as the sunroom will be the same size as the existing deck. Our house
was built in 1972-73 all of it is within the SIZ.
Amy Busko
Board of Adjustment Secretary
March 25, 2021
ottertailcountymn.us(a)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
STAFF REPORT
Gary & Anne ScheideckerAPPLICANT:
Variance from required 200' OHWL of 125' to replace the existing deck with a Sunroom
(12' X 14') and a 8' x 14' raised deck. Variance from the Shore Impact Zone (SIZ)
impervious surface (anything within 100' of the OHWL more than 260 sq.ft.) amount
requested is 1896 sq.ft. Note the impervious surface in the SIZ will not change as the
sunroom will be the same size as the existing deck. Our house was built in 1972-1973 all
of it is within the SIZ.
APPLICATION:
29236 Co. Hwy 3, Fergus Falls, MN 56537 28000290225000,28000290226000 &
28000280206008
LOCATION:
LAKE NAME/NUMBER/CLASS: West Red River, 56071100, NE
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County Visit the County Website
▼ I 29236 CO HWY 3
Address
29236 CO HWY 3
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1.
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
LAKES RIVERS
SETBACKS (Ft)GD NE U&TRD Ag Trans
Elevation Above OHWL
Vertical Separation*3 3 3333
Setback From
OHWL
Dwellings / Non-Dwellings 75 100 200 100 100 150
WOAS 20 20 20 20 20 20
Lotline**
Single Family Residence
Commercial PUD
10 1010 10 10 10
50 50 50505050
Residential PUD 50 50 50505050
65 90 40 65 115WOAS40
Top of Bluff 30 30 30303030
Road Right-of-Wav (Public / Private)
All Structures 20 20 20 20 20 20
Septic Tanks
All Structures 10 10 10 10 10 10
Soil Treatment Area
Dwelling
Non-Dwelling
Maximum Structure Height
20 20 20 20 20 20
10 10 10 1010 10
35 35 35Dwelling
Non-Dwelling ***
35 35 35
20 202020 2020
10 10 10 10 1010WOAS
SHORELAND MANAGEMENT ORDINANCE
SEaiON IV, Subp. 8, B
The following are specific standards:
1. 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.
ft.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. No comments
WEST REbRlVKR LAKE Tm
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fc
isults for 28000...II ESTRED RIVER LAKE
WEST RED RIVER560'a no
Proposing to replace the existing
12' X 14' deck with a 12' x 14'
Sunroom.
The shore impact zone will not
increase as the size of the new
sunroom will be the same size as
the deck to be replaced
SCALE DRAWING FORM
riAn-7.H- nZ2U^~oooTax 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
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
Irrtpervious Surface Calculation (see back).
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Signature of Property Owner Date
BK —042016 360,800 • Victof Lundeen Co.. Printers • Fergus Falls, WN • 1-800-346-4870
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing ProposedFt^Ft^Ft Ft
- l/<2_cV- ( 4t) W ^
' Lj \0^ J'Ot'iT’
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 M TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing
r-1.2 Proposed Total Lot Area Impervious
Surface
Ratio
Ft^ Ft^Ft^Total Buildings Ft
m ¥-■
DOID h 0(p ^/D100+-r 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
/.%%%%0-Ol"llU 100+-r =X
Impervious Surface Calculation Worksheet 04-11-2016\mJlMMS, bWrkt^ hUl CA Cnrwkj (^ortvv op tN -iAitrYye-i^k \Zcj z
^ in ^ - neu , (.1,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 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.
I Existing Ft^Proposed Ft^
Building(s)
Deck(s)
Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft^Ft^Ft^
Maximum Allowable 260 Ft*
is
\ ^Impervious Surface Calculation SIZ 04-11-2016
. 3-Signature:Date:
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
ottertailcountvmn.usOTTER TRIleeitTV-ai**iioTt
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX; 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER 7®^ <S MARCH 31^^
I understand that, due to extenuating circumstances, the Planning Commission
Members and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # 2S ~ —Q'l2ip—QC>(^ )described on
Application(s) datedmy
-Z-l
Since this is the case, it may not be possible for Otter Tail County to meet the
legal requirement to take action within 60 days of receipt of my completed
Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view my
property before taking action on my Application(s).
I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence
of waiving the 60-Day Rule, the County may have no alternative but to deny
my Application(s).
3
DATED PROPERTY OWNER
LR: Forms: Waiver 60 Day Rule 03-17-2020
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 25*^ day of March, 2021 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Gary & Anne Scheidecker
29236 Co. Hwy 3
Fergus Falls MN 56537
Kathi Budke, Clerk
Friberg Township
31289 Co. Hwy 3
Fergus Falls MN 56537
None
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: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Little^HcDronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little pJre^Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelicq^ FishSBass & 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 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
(Q
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: Rick Wilson, 609 West Lakeside Drive, 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
File 1Dated: March 25, 2021
Extra
BOA Members
PC Member__
Envelopes___
TOTAL NOTICES TO PRINT 27
Added to Agenda H Map
Hm Print out Findings of Fact Sheet
Newspapers Fergus Falls Daily Journal
5Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
1 MinutesBy:15Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Gary Affidavit (56-711) 04-08-21.docx
'S
Buffer Parcels
Addr 2 Citv St Zip
Fergus Falls MN 56537 7945
AddrlParcel No Name 1 Name 2
24004 292nd St28000280206000 Genie & Roderick Hendrickx
Lino Lakes MN 55014 547428000280206006 Michael J & Lisa D Gramer 484 Linden Ln
Minneapolis MN 55418 403728000280206007 Brent L & Kimberly R Carlson 2300 Roosevelt St NE
Fergus Falls MN 56537 791128000280206008 Gary & Anne Scheidecker 29236 County Highway 3
Fergus Falls MN 56537 792224131 River Lake Heights Rd28000280206010 Ryan & Lisa Schlosser
Fergus Falls MN 56537 792228000280206012 Ryan & Lisa Schlosser 24131 River Lake Heights Rd
Fergus Falls MN 56537 289728000280210000 Otter Tail Power Co 215 Cascade St S
Fergus Falls MN 56537 931828000290212000 Brian V Buchholz 10482 County Highway 10
Fergus Falls MN 56537 742928000290214000 Linda Goepferd Et Al 18641 260th St
Fergus Falls MN 56537 791128000290214002 Thomas A Bon 29237 County Highway 3
Davenport lA 52803 24662012 Bridge Ave28000290214005 Jason Stigen
Fergus Falls MN 56537 791128000290215000 Thomas A Bon 29237 County Highway 3
Fergus Falls MN 56537 136428000290215001 County Of Otter Tail Attn Co Auditor 510 Fir Ave W
Fergus Falls MN 56537 793428000290220000 Lisa Olivieri & Heidi Miller 29488 County Highway 3
Lisbon ND 58054 41477218 128th Ave SW28000290220001 Danny L Olson
144113 1/2 St 528000290220002 Birds Eye Prop Solutions LLC Fargo ND 58103 9310
Fergus Falls MN 56537 136428000290220003 Cou nty Of Otter Ta il Attn Co Auditor 510 Fir Ave W
Fergus Falls MN 56537 791128000290225000 Gary & Anne Scheidecker 29236 County Highway 3
Fergus Falls MN 56537 791128000290226000 Gary & Anne Scheidecker 29236 County Highway 3
Fergus Falls MN 56537 742928000320253000 Linda Goepferd Et Al 18641 260th St
Fergus Falls MN 56537 791128000990380000 Thomas A Bon 29237 County Highway 3
Fergus Falls MN 56537 792028000990398000 Christer E & Joni C Wasberg 23914 Maple View Dr
Page 1 of 1Mondav. March 22. 2021
Buffer Mail a;:
Address iName Address 2 City, State, Zip
Birds Eye Prop Solutions LLC 1441 13 1/2 St S Fargo ND 58103 9310
Thomas A Bon 29237 County Highway 3 Fergus Falls MN 56537 7911
Brian V Buchholz 10482 County Highway 10 Fergus Falls MN 56537 9318
Brent L & Kimberly R Carlson 2300 Roosevelt St NE Minneapolis MN 55418 4037
County Of Otter Tail 510 Fir Ave W Fergus Falls MN 56537 1364
Michael J & Lisa D Gramer 484 Linden Ln Lino Lakes MN 55014 5474
Genie & Roderick Hendrickx 24004 292nd St Fergus Falls MN 56537 7945
Linda Goepferd Et Al 18641 260th St Fergus Falls MN 56537 7429
Lisa Olivieri & Heidi Miller 29488 County Highway 3 Fergus Falls MN 56537 7934
Danny L Olson 7218 128th Ave SW Lisbon ND 58054 4147
Otter Tail Power Co 215 Cascade St S Fergus Falls MN 56537 2897
Gary & Anne Scheidecker 29236 County Highway 3 Fergus Falls MN 56537 7911
Ryan & Lisa Schlosser 24131 River Lake Heights Rd Fergus Falls MN 56537 7922
Jason Stigen 2012 Bridge Ave Davenport lA 52803 2466
Christer E & Joni C Wasberg 23914 Maple View Dr Fergus Falls MN 56537 7920
Monday, March 22, 2021 Page 1 of 1