HomeMy WebLinkAbout32000070055009_Variances_04-08-2021Variances
2
Barcode 128
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1256567
Date Stamp
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/15/2021 12:07 PM
FEE: 46.00
PAGES 7
WELL CERTIFICATE REC'D: N
i'l::ir.
•»* « » r « »AJVNO
CcL&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.us
Application Fee ^ h Oo
Receipt NumberOC^S
~i-S~CcAccepted by Date
Property Owner
Name Scott & Sally Askelson
Address 34145 Scalp Trail
City Frazee
State MN
Zip 56544
Daytime
Phone 2188504459
Email sally@herzogroofing.com
Parcel Information
Lake No 56-358 Lake Name Lake Class rdScalp Lake
Parcel Number(s)32000070055009
Parcel Number(s)
Township Name SectionHobarl 07
Legal Description
SURVEY LOTS OF GL 10 CALLED
WLY 30' OF LOT 4A, ALL LOT 5A, PART OF LOT 6A BG SE COR OF LOT 6A W
55' N 8 DFG W 205’ TO I AKF FI Y Al PNG SHORE I N TO I N RFARS N 10 DFG
Physical Address 34145 Scalp Trai. Frazee MN 56544
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback 0 □□□Structure Size Sewage System Subdivision
□□□Cluster WECS Miscellaneous
Version Date 04/07/2020
1
310OO 01 006500^/
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE; Shoroland Management Ordinance
SECTION OF ORDINANCE;Section II 4. A.
Requesting a 12' variance from the lake, 48' variance from the property line for an 10' x 12' shed for lake
storage/^ iLOon:>^
'/%c L'Oc/rs L<j: U hv/yi UcLe /7’ Lti4-.
LttLf Is /o' tOofl-S (i?0' -frcry)-h 'jKf
-jV tof'UrV.
~lk^5 IS an jh( ^ (o-ci-
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 CONTAa LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER. I .
02/08/2021
I TV OWNER/AGENT FOR OWNERSPGI DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
/Wil lDate of Hearing Time
Motion
Scott & Sally Askelson - Variance Application Denied (7:26 p.m.)
After consideration and discussion, Mike Donoho made a motion, seconded by Thomas Lee and carried by roll call
vote to deny the variance request as there is adequate room onsite to meet the requirements of the Shoreland
Management Ordinance. This decision 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.
(Tbd tJuMlU
Chatrman/OtterTail County Board of Adjustment
Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
H-U-ZlCopy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER Tflll
covsTi ■(••(<oTa
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:Scott & Sally Askelson
Address/Parcel No. 34145 Scalp Trail / 32000070055009
Requested Variance: This is an After-the-Fact Request. Requesting a 12' variance from the lake, 48' variance from the
property line for an 10' x 12' shed/WOAS (Water Orientated Accessory Structure) for lake storage. The WOAS will be 8'
from the lake and 17' from the lotline. The required setback to the lake is 20' for a WOAS and 65' from the lotline.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: III. 4. A.
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: Need a place to store some of the lake toys and right now they are
currently scattered on the shoreline. The lot has slope and heavily treed and the location made sense where there is no dirt work
needed or tree removal and still be down the hill. The contour of the lot/land & this location is the least visible to the neighboring
properties.
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).
□ Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The structure is too close to the ordinary high water level.
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).
□ Yes, the property owner is proposing to use the property in a reasonable manner...
X No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are no similar structures and land use patterns in the neighborhood as observed by a Board of Adjustment member's
onsite visit.
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TflllOOIMTT
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:Scott & Sally Askelson
Address/Parcel No. 34145 Scalp Trail / 32000070055009
Requested Variance; This is an After-the-Fact Request. Requesting a 12' variance from the lake. 48' variance from the
property line for an 10' x 12' shed/WOAS (Water Orientated Accessory Structure) for lake storage. The WOAS will be 8'
from the lake and 17' from the lotline. The required setback to the lake is 20' for a WOAS and 65' from the lotline.
Otter Tail County Ordinance; X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: 111. 4. A.
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: Need a place to store some of the lake toys and right now they are
currently scattered on the shoreline. The lot has slope and heavily treed and the location made sense where there is no dirt work
needed or tree removal and still be down the hill. The contour of the lot/land & this location is the least visible to the neighboring
properties.
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).
□ Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The structure is too close to the ordinary high water level.
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).
□ Yes, the property owner is proposing to use the property in a reasonable manner...
X No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
There are no similar structures and land use patterns in the neighborhood as observed by a Board of Adjustment member's
onsite visit.
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?)
□ Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
X No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
3.
Failure to abide by the land use ordinance.
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.)
□ 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:
4.
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).
□ Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
5.
The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES X
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
SA?aiwi//eDATED: 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.
1221583
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
. RECORDED ON
06/04/2019 08:12 AM
FEE: 96.00
PAGES 3
WELL CERTIFICATE REC’D: Y
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( X ) filed ( ) not required.
Cert, of Real Estate Value No.
U“J ,7sO
r--:r*-(Year)
Wayne Stein, County Auditor/Treasurer
oTj-
o
mby
'^liXWlOO^O^Deputy
WARRANTY DEED eCRV#
STATE DEED TAX DUE HEREON: $2,095.50
Date: May 2019
FOR VALUABLE CONSIDERATION, the Grantor, Mary Ellen Frey, a single person, hereby
conveys and warrants to the Grantees, Scott A. Askelson and Sally A. Askelson, as Joint
Tenants, real property in Otter Tail County, Minnesota, described as follows:
Legal Description attached in Exhibit "A"
PN 32000070055009
Together with all hereditaments and appurtenances belonging thereto; subject to the following
exceptions: Easements, restrictions, and reservations of record, if any.
COUNTY OF OTTER TAIL
STATE OF MINNESOTADEEDTAXSdOgl-:^
NUMBERS:ai5S,J^A Well Disclosure Certificale accompanies this document.
DATEqEL-
IVtOuM
Mary Ellep Frey
Ottj(^/^5i^ounty, Minnesota 1221583 1 of3
7
STATE OF NORTH DAKOTA )
COUNTY OF )
)SS.
This instrument was acknowledged before me on 2b
Ellen Frey, a single person.
, 2019, by Mary
[seal]
Notary Public
1 My commission expires:KATIE ARCKAMBEAU
Notary Public
State o' North Oa'tola
My Ccmmission Expires Mar 6. 2022
Mail tax statements to;
Scott A. Askelson ^d Sally A. Askelson
MaJ
This document prepared by:
Minnesota Title & Closing Company
819 Washington Avenue
Detroit Lakes, MN 56501
Telephone: (218) 847-1297
Otter Tail County, Minnesota 1221583 2 of 3
EXHIBIT "A"
All that part of Government Lot 10, Section 7, Township 137, Range 40, Otter Tail County,
Minnesota, described as follows: Commencing at an iron monument at the Southwest comer of
Lot 5, Jerry-Marg Beach First Addition, according to the recorded plat thereof, thence South 89
degrees 48 minutes West along the Northerly line of the public road, a distance of 265.00 feet to
a found iron monument; thence North 88 degrees 44 minutes West along said Northerly line of
the public road, a distance of 120.00 feet to a found iron monument being the point of beginning
of the land to be described; thence continuing North 88 degrees 44 minutes West along said
Northerly line of the public road, a distance of 55.00 feet; thence North 8 degrees 58 minutes 20
seconds West a distance of 205 feet more or less to the shoreline of Scalp Lake; thence Easterly
along said shoreline to the intersection with a line which bears North 10 degrees 13 minutes 00
seconds West from the point of beginning; thence South 10 degrees 13 minutes 00 seconds East
a distance of 210 feet more or less to the point of beginning.
AND
A tract of land in Government Lot 10 in Section 7, Township 137, Range 40, Otter Tail County,
Minnesota, described as follows, to -wit:
Commencing at the southwest comer (iron stake) of Lot 5 of “Jerry-Marg Beach First Addition”,
Plat of which is on file and of record: thence proceeding south 89 degrees 48 minutes West
265.0 feet and north 88 degrees 44 minutes West 45 feet to an iron stake on the northerly line of
a public road; thence mnning by the following four courses and distances, viz: North 88
degrees 44 minutes West 75.0 feet in the northerly line of said road, to an iron stake; thence
north 10 degrees 13 minutes West 192.8 feet to an iron stake on the shoreline of Lake Seven;
North 84 degrees 26 minutes East 65.0 feet, along the shoreline of said lake, to an iron stake; and
thence south 12 degrees 41 minutes East 202.7 feet to the point of beginning, and there
terminating.
AND
That part of Government Lot 10 in Section 7, Township 137, Range 40, Otter Tail County,
Minnesota, which is a part of “Tract 4A” and is described as follows:
Beginning at a point on the northerly line of a Road, which point is located South 89 degrees 48
minutes West 265.00 feet and North 88 degrees 44 minutes West 15 feet from the southwest
comer (iron stake) of Lot No. 5 of “Jerry-Marg Beach First Addition”, Plat of which is on file
and of record in the office of the Register of Deeds of said County; thence running by the
following courses and distances: North 88 degrees 44 minutes West 30 feet, in the northerly
line of said Road to an iron stake; North 12 degrees 41 minutes West 202.69 feet to an iron stake
on the shoreline of Lake 7; North 84 degrees 26 minutes East 20.0 feet and North 79 degrees 24
minutes East 10 feet along the shoreline of said lake; thence Southerly 210 feet, more or less, to
the point of beginning and there terminating.
otter Tail County, Minnesota 1221583 3 of 3
Bruce & Peggy Barker - Continued
Bruce & Peggy Barker, property owners represented the variance application via GoToMeeting. The audience was polled with no one
speaking for or against this application. A letter in support of the Variance was received from Hurbert & Peggy Worrell and an email
was received from Winston & Sharon Chaffin in support of the Variance request. All correspondence was forw arded to the Board
members as well as read for the record.
After consideration and discussion, Rick Wilson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve
the variance request to construct a 15’ wide entry & living room addition and a 9’ w ide entry/office w ith an 8’ x 10’ deck being 16.5’
from the road right of w ay at the closest point. 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
Terry Marthaler
Rick Wilson - PC Member
X
X
Scott & Sally Askelson - Variance Application Denied (7:26 p.m.)
Scott & Sally Askelson, Survey Lots of GL 10 called Wly 30’ of Lot 4A, Scalp Lake (56-358) in Hobart Tow nship requested the
following: This is an After-the-Fact Request. Requesting a 12’ variance from the lake, 48’ variance from the property line for an 10’ x
12’ shed'WOAS (Water Orientated Accessory Structure) for lake storage. The WOAS will be 8’ from the lake and 17’ from the
lotline. The required setback to the lake is 20’ for a WOAS and 65’ from the lotline.
Scott & Sally Askelson, property owners represented the variance application via GoToMeeting. The audience was polled with
Gregory Olson speaking against the variance as requested. He indicated that he does not want to look at the shed and he feels that if
this variance is granted a precedence w ill be established. A letter was also submitted by Gregory & Barb Olson not in favor of the
variance request.
After consideration and discussion, Mike Donoho made a motion, seconded by Thomas Lee and carried by roll call vote to deny the
variance request as there is adequate room onsite to meet the requirements of the Shoreland Management Ordinance. This decision is
also based on the Findings of Fact and Decision Form, w hich 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 with the Land & Resource Management
Department.
Roll call vote as follows:
Board of Ad justment YEA NAY ABSENT ABSTAIN
Darren Newx ille X
XThomas Lee
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Rick Wilson - PC Member
X
X
Page I 5 Board of Adjustment
April 8, 2021
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:
Scott & Sally Askelson
34145 Scalp Trail
Frazee MN 56544
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:
Legal Description:Parcel No.- 32000070055009
Survey Lots of GL 10 called Wly 30' of Lot 4A...
Section 7, Township 137, Range 40
Township Name - Hobart
Scalp Lake (56-358), Recreational Development (RD)
34145 Scalp Trail, Frazee MN 56544
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
This is an After-the-Fact Request. Requesting a 12' variance from the lake, 48' variance from the
property line for an 10' x 12' shed/WOAS (Water Orientated Accessory Structure) for lake storage. The
WOAS will be 8' from the lake and 17' from the lotline. The required setback to the lake is 20' for a
WOAS and 65' from the lotline.
March 25, 2021 Amy Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
L
STAFF REPORT
Scott & Sally AskelsonAPPLICANT:
This is an After-the-Fact Request. Requesting a 12' variance from the lake, 48' variance
from the property line for an 10' x 12' shed/WOAS (Water Oriented Accessory Structure)
for lake storage. The WOAS will be 8' from the lake and 17' from the lotline. The
required setback to the lake is 20' for a WOAS and 65' from the lotline.
APPLICATION:
34145 Scalp Trail, Frazee MN 56544 32000070055009LOCATION:
LAKE NAME/NUMBER/CLASS: Scalp, 56035800, RD
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County
onwjM J
Visit the County Website
+X Q.34145 SCALP TRL
Show search results for 3414S S.,
a
34091
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
RIVERSLAKES
U&T Ag TransNESETBACKS (Ft)GD RD
Elevation Above OHWL
3 3 33Vertical Separation*3 3
Setback From
OHWL
100 150100Dwellings / Non-Dwellings 100 20075
20 20 20202020WOAS
Lotline**
10 10101010Single Family Residence
Commercial PUD
10
50 50505050 50
50 505050 50 50Residential PUD
65 11590404065WOAS
30 3030Top of Bluff 30 30 30
Road Right-of-Wav (Public / Private)
20 2020 20 20All Structures 20
Septic Tanks
10 1010 10All Structures 10 10
Soil Treatment Area
20 202020 20 20Dwelling
Non-Dwelling
Maximum Structure Height
10 10101010 10
35 3535Dwelling
Non-Dwelling ***
WOAS
35 35 35
20 2020 202020
10 1010 10 10 10
Staff Comments: Based on a review of the application and a site review, Staff offers the following comments:
1. Minnesota Rules, Chapter 6120 (Mn Shoreland Rules) requires a 10' setback to the lake for a water-
oriented accessory structure.
5 C .
(
3/5/21
m^-Not a legal document/For Reference Use Only^Accuracy is^notrguaranteed.s0.009 miI.' '
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing ProposedFPFt^Ft^FP
Dwelling Deck(s)im
Attached Garage Patio(s)loe>S‘
Detached Garage V Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)izoRCU leoParking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barner)Miscelianeous
ZCWi \zo Z 7^77TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Fe Ft^Total Buildings
■ZG^S S.l>^ -/•Z>Z>fOOc>12.0 . (PIT5?100++s X
Buildings + Other
impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposedi-»2 Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft
S'ilz l€ ss yizo100++X
Impervious Surface Oalculatior) Worksheet 04-11-2016
Signature: ^3/5/21Date
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 (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^
Building(s)0 120sf
Deck(s)0 0
Patio(s)0 0
Sidewalk(s)70sf 0
Landing(s)0 0
Driveway(s)0 0
0 0Parking Area(s)
0 0Retaining Wall(s)
Landscaping
(Plastic Barrier)0 0
Miscellaneous 0 0
TOTAL
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft2 Ft^Ft2
Maximum Allowable 260 Ft^
i!70 120 190+s
LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016
Signature:02/08/2021Date:
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENTPUBLIC WORKS DIVISION
ottertailcountvmn.usOTTER TflileevBTT-aiiaiioTi
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 1^^ & 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
32000070055009property/project (Tax Parcel #
variance
_____), described on
Application(s) datedmy
2/8/21
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:
gj 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).
602/08/2021
DpDATED
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:
)
Township Clerk Lake AssociationProperty Owner
Debi Moltzan, Clerk
Hobart Township
47750 353^'* Ave
Frazee MN 56544
NoneScott & Sally Askelson
34145 Scalp Trail
Frazee MN 56544
City Clerk (if located within 2 miles of a city) City of Vergas, Julie Lammers, Clerk PO Box 32, Verges MN 56587
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald: Big McDonald Lake Improvement DisL, PO Box 81, Dent, MN 56528
Devils (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573LittleTny^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little pJR^BIg Pine:
Pelic^ Fis?SBass & 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
LU
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
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: 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
3ExtraAmy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members____5
PC Member
Envelopes_____13_______
TOTAL NOTICES TO PRINT
1 MinutesBy:
Amy Busko
23
Added to Agenda
|g| Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
Map
https;//otte rtailmn.sharepoint.com/sites/LandResources/Sh
Scott Affidavit (56-358) 04-08-21.docx
Buffer Parcels
Citv St ZipAddrZAddr 1Parcel No
32000070055005 Jeffrey & Judy Ann Lopez
Name 2Name 1
Lebanon IN 46052 1797822 Trillium St
Crystal Lake IL 60039 260232000070055006 Craig Gaffney Tst PO Box 2602
Faribault MN 55021 726632000070055007 Duane D & Joni Geiger 1810 PoehlerCt
Faribault MN 55021 72661810 Poehler Ct32000070055008 Duane D & Joni Geiger
Frazee MN 56544 032000070055009 Scott A 8i Sa lly A Askelson 34145 Scalp TrI
Pelican Rapids MN 56572 431322 6th St NE32000070055013 Terry Courneya
Frazee MN 56544 896532000070055014 Michael J & Wanda M Beaton 34073 Scalp TrI
Frazee MN 56544 896532000070055015 Michael J & Wanda M Beaton 34073 Scalp TrI
Frazee MN 56544 896532000070055016 John D & Bonnie Nordstrom 34071 Scalp TrI
Frazee MN 56544 896532000070055017 John D & Bonnie Nordstrom 34071 Scalp TrI
Frazee MN 56544 896634257 Dusty TrI32000070055019 Steven G & Carol L Courneya
Fargo ND 58102 371532000070055020 Terrance Dimmer Et Al 1320 Demores Cir
Roseville MN 55113 611632000070055021 Gregory L & Barbara L Olson 1236 Garden Ave
Frazee MN 56544 032000180136000 Kenneth R Lyden 34004 Dusty TrI
Luverne MN 56156 1234102 Adams Ave W32000990375000 David & Carol Svingen
Frazee MN 56544 897934215 Scalp TrI32000990376000 Jeff S Lopez
Lebanon IN 46052 179732000990377000 Jeffrey 8t Judy Ann Lopez 822 Trillium St
Lebanon IN 46052 1797822 Trillium St32000990378000 Jeffrey & Judy Ann Lopez
Page 1 of 1Monday. March 22. 2021
Buffer Mail
City, State, ZipAddress i Address 2Name
Scott A & Sally A Askelson Frazee MN 56544 034145 Scalp TrI
Michael J & Wanda M Beaton 34073 Scalp TrI Frazee MN 56544 8965
Steven G & Carol L Courneya Frazee MN 56544 896634257 Dusty TrI
Pelican Rapids MN 56572 4313Terry Courneya 22 6th St NE
Craig Gaffney Tst Crystal Lake IL 60039 2602PO Box 2602
Duane D & Joni Geiger Faribault MN 55021 72661810 Poehler Ct
Jeffs Lopez 34215 Scalp TrI Frazee MN 56544 8979
Jeffrey & Judy Ann Lopez Lebanon IN 46052 1797822 Trillium St
Kenneth R Lyden Frazee MN 56544 034004 Dusty TrI
John D & Bonnie Nordstrom 34071 Scalp TrI Frazee MN 56544 8965
Gregory L & Barbara L Olson Roseville MN 55113 61161236 Garden Ave
David & Carol Svingen Luverne MN 56156 1234102 Adams Ave W
Terrance Dimmer Et Al Fargo ND 58102 37151320 Demores Cir
Page 1 of 1Monday, March 22, 2021
LAND & RESOURCE IVlANAGEME^
OTTER TAIL Government Services Cen
540 West Fir Aveni
Fergus Falls, MN 565COUNTY-MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
Soc-/p i
y k^ji\,hce-.Ttfat.To Whom it May Concern:
Scott & Sally Askelson
34145 Scalp Trail
Frazee MN 56544
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:
RECEIVED
APR 08 2021
-AND & RESOURCt
Legal Description:Parcel No. - 32000070055009
Survey Lots of GL 10 called Wly 30’ of Lot 4A...
Section 7, Township 137, Range 40
Township Name - Hobart
Scalp Lake (56-358), Recreational Development (RD)
34145 Scalp Trail, Frazee MN 56544
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
This is an After-the-Fact Request. Requesting a 12' variance from the lake, 48' variance from the
property line for an 10' x 12' shed/WOAS (Water Orientated Accessory Structure) for lake storage. The
WOAS will be 8' from the lake and 17' from the lotline. The required setback to the lake is 20' for a
WOAS and 65' from the lotline.
March 25, 2021 Amy Busko
Board of Adjustment Secretary
®|a Barb Olson
J 1236 Carden .Ave.
'4 SaintPauI.MN 55113
Mr. Gregory Olson
1236 Garden Ave.
Roseville, MN 55113 ottertailcountymn.u218-998-8095
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I Mr. Gregory Olson
1236 Garden Ave.
Roseville, MN 55113
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RECEIVED
APR » 2021
jAND & resoubci
Mr. Gregory Olson
1236 Garden Ave.
Roseville. MN 55113
Amy Busko
Amy Busko
Thursday, April 8, 2021 10:28 AM
Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee
Chris LeClair; Kyle Westergard
FW: Scan from OTC Land &. Resource
SPRTLR0221040809140.pdf
From:
Sent:
To:
Cc:
Subject:
Attachments:
Attached is correspondence for the Askelson property opposing the request. There are 2 letters which are from the
same people.
Also note that these letters were received after the cut-off for correspondence.
Thanks and have a great day
Amy Busko
Permit Technician
Land & Resource ManagementGSC, 540 W Fir
Fergus Falls, MN 56537
Direct 218-998-8096 | Office 218-998-8095
ottertailcountvmn us
} OTTBtTAIL
COUNT* MRMHOU
From: PRTLR02@CO.OTTERTAIL.MN.US <PRTLR02@CO.OTTERTAIL.MN.US>
Sent: Thursday, April 8, 2021 10:14 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject: Scan from OTC Land & Resource
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