HomeMy WebLinkAbout32000990670000_Variances_10-14-2021bate Stamp 1269759
LYHH R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, NH
RECORDED ON
12/06/2021 09:09 AM
li-
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L&R Initial
rEcS^T&TUuTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANC^^^ck 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 S 5C0 C O
Receipt Number 1*03
Accepted By / Date
-2 DAYTIME PHONE '70l'3~ll' Sl^(
iff* ^71COMPLETE THIS APPLICATION IN INK
y D a/L^f Dlo/UVt}y/i'
PROPERTY OWNER
MAILING ADDRESS /-
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LAKE CLASSLAKE NAMELAKE NUMBER
HOP 10 uff.M oisfft' i>''
<^7 137TOWNSHIP TOWNSHIP NAMESECTION RANGE
PARCEL’
NUMBER
E-911
ADDRESS3^ OOD^^ O G?‘70 ooo
Secy/on-^9 .Tu.p-7^7
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LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback A* Structure Size Cluster WECS Misc.Sewage System Subdivision
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
Sec{\o/) ^°^SECTION OF ORDINANCE:
VARIANCE REQUEST: J /.Sr..f vyy. r/r
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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.
SIGNATURE W PROPERTY OWNER / AGENT FOR OWNER
9-dt2-Q^\
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Dclnlur /V^ ZnZj 1' ooTimeDate Of Board of Adjustment Hearing
Motion f
Lyle & Monica Fritz - Variance Application Withdrawn (6:23 p.m.)
October 14, 2021 - After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and
unanimously carried to table the variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting.
November 18, 2021 - Randy Barta, Contractor submitted a letter on behalf of Lyle & Monica Fritz to withdraw the variance
application. Lyle & Monica Fritz submitted an email confirming that the variance is withdrawn as a permit has been issued to
attach the proposed structure to the existing dwelling, therefore a variance is not needed.
Douglas Larson made a motion, seconded by Terry Marthaler and unanimously carried to accept the letter and email to withdraw
the variance request.
Cfeirman/Otter Tail County Board of ment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
hC No
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
CL 01122019-001 368,804 • Victor Lundeen Co , Printers • Fergus Falls, MN • 1-800-346-4870
Jerald & Diane Buteiihoff- Variance Application Request to Table to April 2022 (6:23 p.m.)
Jerald & Diane Butenhoff, Lots 3, 4, & 5 of North Shore & Pt GL 3, Dead Lake (56-383) in Star Lake Township requested the
following: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition
would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in
theSIZ(15%).
October 14.2021
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the
Variance request with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the property owner to
revise his proposal to reduce the shore impact zone impervious surface coverage in the shore impact zone.
November 18, 2021
Jerald & Diane Butenhoff submitted a letter dated October 20, 2021, to request to have their variance application tabled to April of
2022.
Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the Variance request to April 2022 as
indicated in the letter submitted to the Board on October 20, 2021.
Lyle & Monica Fritz - Variance Application Withdrawn (6:23 p.m.)
Lyle & Monica Fritz, Lot 5 Blk 1 of Herb's Ridge, Long Lake (56-388) in Hobart Township requested the following: To erect garage
storage building with 2"‘* floor for sleeping quarters for overflow guests. Approximate height from slab to peak 30’±. Required height
restriction is 20’ per the Shoreland Management Ordinance.
October 14, 2021
After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the
variance w ith the applicant’s approval to November 18, 2021, Board of Adjustment Meeting.
November 18, 2021
Randy Barta, Contractor submitted a letter on behalf of Lyle & Monica Fritz to withdraw the variance application. Lyle & Monica
Fritz submitted an email confirming that the variance is withdrawn as a permit has been issued to attach the proposed structure to the
existing dwelling, therefore a variance is not needed.
Douglas Larson made a motion, seconded by Terry' Marthaler and unanimously carried to accept the letter and email to withdraw the
variance request.
Ender Raghib - Variance Application Request Denied (6:23 p.m.)
Ender Raghib, Lot 20 Blk 1 & Vac Rd Adj. & Res E & F Lot 15 Blk E & Vac Rd Adj of Haggstrom’s Subdivision, Pickerel Lake (56-
475) in Maine Township requested the follow ing: In July of 2020 storm caused damage to primary cabin and insurance determined it
was a total loss. We are considering 2 options for replacement of the cabin and deck.
Option A Replace the existing dwelling and deck being 3’ from the lotline. The current impervious surface for the property is
31.26% and under option A would be reduced to 29.7%. Also, under option A we will remove the deck landing by the lake along w ith
the storage shed and the deck on the roadside of the dwelling.
Option B - Proposing to replace the existing dwelling & deck being 3’ from the lotline w ith a 2-story dwelling. The impervious
surface will not change and remain at 31.26%.
The replacement of the dwelling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a
substandard lot of record and the outlet to Pickerel Lake also runs through our property w hich reduces the buildable space on that side
of our lot.
October 14, 2021
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the
variance w ith the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the County Attorney to review
the non-conforming replacement policy.
Board of Adjustment
November 18, 2021
Page I 2
Amy Busko
Lyle and Monica Fritz <fritzkids@charter.net>
November 2, 2021 4:36 PM*
Amy Busko
Re: Variance
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Follow up
Flagged
.Amy
^Letter received today
lyle and Monica Fritz will not be needing the variance
We have attached the garage to the house and this has been permitted as well as of last Tuesday
I was told our contractor notified your office as well
Lyle and Monica Fritz
Parcel # 32000990670000
On 10/22/2021 10:34 AM, Amy Busko wrote:
Good morning Lyle & Monica -
On October 14, 2021 the Board of Adjustment tabled your variance request to November 18, 2021.
I am reaching out to you, to see if you have worked with your contractor or decided on any revised plans
for your proposed project, specifically related to the height of your proposed structure.
If you have decided on a revision could I please get your revised plan so I can include it in the variance
packets that are mailed to the Board Members which will be mailed on October 28, 2021. If you need
more time and haven't decided on anything you can also request to have you variance tabled for
another month as well.
Thank you and have a great weekend.
Amy Busko
Permit Technician
Land & Resource Management
GSC, 540 W Fir
Fergus Falls, MN 56537
Direct 218-998-8096 | Office 218-998-8095
ottertailcountymn us
1
received
OCT 2 5 202;
LAND&RESOURC
October 26, 2021
Board of Adjustment
540 West Fir
Fergus Falls MN 56537
Re: Tabled Variance Application
Dear Board Members:
Thank you for taking the time to consider my Variance Application at the October 14, 2021, Board of
Adjustment Meeting.
At this time, I am requesting to withdraw my Variance Application dated September 22, 2021. We have
decided to change our plans which will meet the Shoreland Management Ordinance requirements.
Thank you.
Randy Barta, Contractor
OBO Lyle & Monica Fritz
Amy Busko
Amy Busko
Friday, October 22, 2021 10:34 AM
Lyle and Monica Fritz
Variance
From:
Sent:
To:
Subject:
Good morning Lyle & Monica -
On October 14, 2021 the Board of Adjustment tabled your variance request to November 18, 2021.
I am reaching out to you, to see if you have worked with your contractor or decided on any revised plans for your
proposed project, specifically related to the height of your proposed structure.
If you have decided on a revision could I please get your revised plan so I can include it in the variance packets that are
mailed to the Board Members which will be mailed on October 28, 2021. If you need more time and haven't decided on
anything you can also request to have you variance tabled for another month as well.
Thank you and have a great weekend.
Amy Busko
Permit Technician
Land & Resource Management
GSC, 540 W Fir
Fergus Falls, MN 56537
Direct 218-998-8096 | Office 218-998-8095
ottertailcountvmn.us
OTTER TAIL
OduNTt HS#«10U
1
Joseph & Cynthia Chesley, Et Al - Variance Application Approved as Amended (7:35 p.m.)
Joseph & Cynthia Chesley, Et Al, Lots 5 & 6 of Silent Point, West Silent Lake (56-519) in Dora Township requested the follow ing:
We are requesting a variance to place a dwelling 3 feet from the North line of Lot 6, required setback is 10 feet. The Lake has taken
most of our property and we are having a difficult time getting something to fit on the lot that will work for our family and be an asset
to the area. We feel we are suffering the consequences for the lake taking most of our property w hich gives us less square footage to
work with.
Jerilyn & Cynthia Chesley, property owners represented the variance application. The audience was polled with no one speaking for
or against the variance application.
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to approve the
variance to construct locate a dwelling on the property with the condition the dwelling needs to be 7 feet from the north lotline and 20
feet from the edge of the travel surface. 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.
t Lyle & Monica Fritz - Variance Application Tabled (7:48 p.m.)
Lyle & Monica Fritz, Lot 5 Blk 1 of Herb’s Ridge, Long Lake (56-388) in Hobart Township requested the following: To erect garage
storage building with 2”^ floor for sleeping quarters for overflow' guests. Approximate height from slab to peak 30’±. Required height
restriction is 20’ per the Shoreland Management Ordinance.
Lyle Fritz, property owner, represented the variance application. The audience was polled with no one speaking for or against the
variance application. A letter was received from Judi Stoa & Kathleen Jameson in opposition to the variance request and Jon Stoa
submitted a letter in support of the variance request.
After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the
variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting.
Ender Raghib - Variance Application Tabled (7:57 p.m.)
Ender Raghib, Lot 20 Blk 1 & Vac Rd Adj. & Res E & F Lot 15 Blk E & Vac Rd Adj of Haggstrom’s Subdivision, Pickerel Lake (56-
475) in Maine Township requested the following: In July of 2020 storm caused damage to primary cabin and insurance determined it
was a total loss. We are considering 2 options for replacement of the cabin and deck.
Option A ~ Replace the existing dwelling and deck being 3’ from the lotline. The current impervious surface for the property is
31.26% and under option A would be reduced to 29.7%. Also, under option A we w ill remove the deck landing by the lake along with
the storage shed and the deck on the roadside of the dwelling.
Option B - Proposing to replace the existing dwelling & deck being 3’ from the lotline with a 2-story dwelling. The impervious
surface w ill not change and remain at 31.26%.
The replacement of the dw elling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a
substandard lot of record and the outlet to Pickerel Lake also runs through our property which reduces the buildable space on that side
of our lot.
Ender Raghib, property owner represented the variance application. The audience was polled with no one speaking for or against the
variance application. An email from David & Carla Wolfe was sent in opposing the variance request. Erlin Wahgren spoke in support
of the variance request. Brad Pauly spoke in opposition of the variance with concerns with requesting a 3-foot lotline setback, future
intent of the property (VRBO) and potential harm to neighbor’s properties.
After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the
variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the County Attorney to review
the non-conforming replacement policy.
John & Renee Dittrich - Variance Application Approved as Requested (8:19 p.m.)
John & Renee Dittrich, Pt of GL 3 Com Ely Cor Lot 16 Albrechts Addn to Nivana, East Battle Lake (56-138) in Girard Township
requested the following: Requesting a variance to replace existing 28 x 34 dwelling w ith 2-story 40 x 40 dwelling. Existing dwelling is
36’ from OHWL, new dwelling will be 33’ from OHWL. Required setback is 100’ from OHWL. Also requesting to replace existing
10x15 garage that is 4’ from OHWL w ith a new 20 x 24 garage located on top of hill as shown in draw ing and 23’ from OHWL.
Draw ing which is on file at Land & Resource Management).
Board of Adjustment
October 14, 2021
Page I 4
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
Property Address 4/610 UffcJa Vlsta Dpive 32000990670000PIN
Property Area (from CIS or Survey);Square Footage of Lot
Acres X 43,560
A10 ft^Acres 44814
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Buildings
A1 X .20
ft=A2 A3 8962.8000000(ft^11203.5
□
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Totai impervious Surface
Description Area Description Area
2321 600ft^2321B1Dwelling and Attached Garage Driveway/Parking area(s)Total Impervious-Buildings
C1 600Detached Garage Patio/Sidevii^lk
Total Impervious-Other
Total Impervious Surface
B1 +C1
ft^ft"D1 2921 ft^Shed(s)Retaining wall(s)
Total Percent Impervious
(D1 -A1)x100
ft"6.52%ft"E1Miscellaneous Landscaping
ft"ft"Recreational Camping Unit Other 8282.5Allowable Total Area Remaining
A2 • D1ft"ft"Water Oriented Accessory Structure
2321 ft^600 ft^B1 Cl Project being requested:Total Impervious-Buildings Total Impervious-Other
Accessory structures less than or equal to 120 sq ft
without a permit. This exemption only applies to items I—I not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 ■*’A1)x100
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Date;Int:B2 5.18%
□ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This
|~~| exemption only applies to items not located in the
Shore Impact Zone. Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3 - B1
6,641.80B3
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers)
75 ft (Transition River)
100 ft(NE Lakes)
Choose the ClassChoose the Class SI ftLake Classification
Shore Impact Zone Area
SI xS2 '
S2 S3 ft"00ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface
S3x .15
S4 ft"0
List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone
Total Impervious SurfaceDescriptionAreaDescriptionArea
ft"ft"S5 ft"0Building(s) Patio/Sidewalk Buildings
ft" ft"S6 0 ft"Deck(s)Other
Total Impervious Surface
S5 + S6
ft"S7ft"0 ft"Landscaping/retainging wall($)
Total Percent Impervious
(S7 - S3) X 100
ft"ft"0.00%Driveway/Parking area(s)
ft"ft"Miscellaneous
Allowable Area Remaining S4-S7 0 ft"
ft"ft"
0SIZ Total Impervious-Buildings 35 ft"S6 0 ft"SIZ Total Impervious-Other 7/1/2021
Printed Name Signature Date
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
32000990670000Propen,Address 47010 Uffda Vlsta Drive PIN
Square Footage of Lot
Acres X 43,560
Property Area (from CIS or Survey):A10 44814Acres
Total Area Allowed for Buildings
Ai X .20
Total Area Allowed for Impervious Surface
A1 X .25 11203.5 8962.8000000A2A3
□
List ALL proposed structure footprint areas List ALL proposed other impervious surfaces
Total Impervious Surface
Area Description AreaDescription
Total Existing Impervious-
Other from Page 1
Total Existing Building
Impervious from Page 1 2321 600ClB1
Total Proposed Building Impervious 3665200F1Driveway/Parking area(s)Dwelling and Attached Garage
Total Proposed Impervious- Other1344 800G1Patio/SidewalkDetached Garage
Total Proposed Impervious Surface
FI + G1_______________
4465ft^ft=H1Retaining wall(s)Shed(s)
Total Proposed Percent Impervious
(H1 *A1)x too______
9.96%ft^ft^11LandscapingMiscellaneous
ft=ft^Recreational Camping Unit Other
Allowable Area Remaining A2 6738.5HIft=.ft^Water Orienled Accessory Structure
8003665GiFITotal Impervious-OtherTotal Impervious-Buildings
Percent Building Impervious
(FI f A1) X 100 8.18%
Allowable Building Area Remaining
A3 - Ft 5,297.80 ft^
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agricullral, Urban,Tributary Rivei) c 4
'75 ft (Transition River)
100 ft (NE Lakes)
Choose the Class ftChoose the ClassLake Classification
Shore Impact Zone Area
Si xS2 0S3 ft^S2 0 ftAverage lot width in the Shore Impact Zone)
Total Area Allowed for Impervious Surface S3X.15 0S4 ft^
List all proposed structure footprint areas List all proposed other impervious surfaces
Total Proposed Impervious Surface
DescriptionDescriptionArea Area
Total Existing Impervious-
Other (Pg 1)
Total Existing Building
Impervious (Pg 1)0 0S5ft' ft'S6
0ft'ft'S8 fFPatio/SidewalkBuilding(s)Proposed Buildings
0ft' .S9 fFft'Deck(s)
Proposed Other
Total Impervious Surface
S8 + S9 0ft' ft'ft'S10Landscaping/Retaining wall(s)
Total SIZ Percent Impervious (S10-S3)x100 0.00%ft'ft'Driveway/Parking area(s)
ft'ft'Miceiianeous 0Allowable Area Remaining S4-S10 ft'
ft'ft'
0 ft'S8 0 ft'S9Total Impervious-OlherTotal Impervious-Buildings 7/1/2021
Signature DatePrinted Name
LAND & RESOURCE MANAGEMENT
m OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
^ V Notice of Hearing for Variance
p//Applicant and/or applicant's representative must be present at the scheduled nearing.
To Whom it May
Lyle & Monica Fritz
506 Northstar Ct.
Sartell MN 56377
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
I
Concern:
VS/
Thursday, October 14, 2021, at 7:00 p.m.
at the Bigwood Event Center, 925 Western Ave. Fergus Falls. MN
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public
hearing.
Public comments regarding this application must be received by 12:00PM the day before the public hearing
date. Members of the public wishing to make comments at the public hearing may be present at the public hearing.
As an alternative, members of the public wishing to observe and/or make comment on this application may participate in
the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days
prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land &
Resource Management Office at the above address, or emailed to land@co.ottertail.mn.us. Written correspondence or
emails.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** 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. - 32000990670000
Lot 5 BIk 1 of Herb's Ridge
Section 29, Township 137, Range 40
Township Name - Hobart
Long Lake (56-388), Recreational Development (RD)
47610 Uff Da Vista Dr., Frazee MN 56544
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
To erect garage storage building with 2"'* floor for sleeping quarters for overflow guests. Approximate
height from slab to peak 30'±. Required height restriction is 20' per the Shoreland Management
Ordinance.
A/ny Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER Tflil
ooeiTT ■leeaieTii
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:Lyle & Monica Fritz
Address/Parcel No. 47610 Uff Da Vista Dr / 32000990670000
Requested Variance: To erect garage storage building with 2”*^ floor for sleeping quarters for overflow guests.
Approximate height from slab to peak 30'±. Required height restriction is 20' per the Shoreland Management Ordinance.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 7. Subp 3. B.
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:
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...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the officiai control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
□ 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:
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?)
□ 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:
t(
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
nearshore 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:
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).
□ Yes, the need for.the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
t
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.
7^ce4ae£ Z^<Mo4aDATED: October 14, 2021
Board of Adjustment Vice 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.
STAFF REPORT
Lyle & Monica FritzAPPLiCANT:
47610 Uff Da Vista DR, Frazee, MN 56544LOCATION;
LAKE NAME/NUMBER/CLASS:Long Lake, 56038800, Recreational Development
To erect a garage storage building with 2"'^ floor for sleeping quarters for overflow guests.
Approximate height from slab to peak 30’±. Required height restriction is 20' per the Shoreland
Management Ordinance.
APPLICATION:
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County VisH the County Website
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be Included:
Applicable Ordinances/Statutes
Shoreland Management Ordinance
Section 6, Subp. 5
All structures, except places of worship, nonresidential agricultural structures, and accessory
structures greater than 400 feet from the OHWL of a lake must not exceed the following height
requirements:
A. A dwelling unit must not exceed a height of thirty-five (35) feet;
B. An accessory structure or a non-dwelling must not exceed a height of twenty (20) feet.
The height must be measured from the highest adjoining original ground level at the building
foundation.
Staff Comments: Based on a review of the application and a site review. Staff offers the following
comments:
1. Septic compliance inspection conducted on 9/20/2021 indicating system is noncompliant.
LAND & RESOURCE MANAGEMENTOTTER 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:
Lyle & Monica Fritz
506 Northstar Ct.
Sartell MN 56377
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 14, 2021, at 7:00 p.m.
at the Bigwood Event Center, 925 Western Ave, Fergus Falls. MN
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public
hearing.
Public comments regarding this application must be received by 12:00PM the day before the public hearing
date. Members of the public wishing to make comments at the public hearing may be present at the public hearing.
As an alternative, members of the public wishing to observe and/or make comment on this application may participate in
the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days
prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land &
Resource Management Office at the above address, or emailed to land(Sco.ottertail.mn.us. Written correspondence or
emails.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** 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. - 32000990670000
Lot 5 BIk 1 of Herb's Ridge
Section 29, Township 137, Range 40
Township Name - Hobart
Long Lake (56-388), Recreational Development (RD)
47610 Uff Da Vista Dr., Frazee MN 56544
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
To erect garage storage building with 2"^' floor for sleeping quarters for overflow guests. Approximate
height from slab to peak 30'±. Required height restriction is 20' per the Shoreland Management
Ordinance.
September 30, 2021 Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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|4 The scale drawing must be a signed drawing which inciudes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotiines, road right-of-ways, easements, OHWLs, weils, wetlands and topographic features (i.e. biuffs). Must aiso complete the
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• Date :Ml1 i i IiJ..BK W042016 Fergus.Falls. MN-?—1 -800-346-4870 t—i-■360.800- •--Victor LundeeniCo.'. Printers.H-1
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Exis'tinig Proposed Existing Proposed
fP Ft^Ft
Dwelling Deck(s)V
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)'•X.
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)\. Miscellaneoush
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
"Lot AreaExistingProposedTotal Impervious
Surface
Ratio
Ft^Ft^Ft?.-Ft^Total Buildings
100+-i-X
Buildings + Other
impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing
r-x.2
Proposed Lot AreaTotal Impervious
Surface
Ratio
Ft^Ft^Ft^Ft
100+X-r
Impervious Surface Calculation Worksheet 04-11 -2016
DateSignature:
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 30*'^ day of September 2021 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
Long Lake Association
PO Box 43
Vergas MN 56587
Debi Eischens, Clerk
Hobart Township
47550 353^'^ Ave
Frazee MN 56544
Lyle & Monica Fritz
506 Northstar Ct.
Sartell MN 56377
City Clerk (if located within 2 miles of a city) City of Vergas, Julie Lammers, Clerk, PO BOX 32, Vergas MN 56587
2 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (N^r Perham):
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
lid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
m
Ea1 :e:
Lida LS
Littleivic
Little Pine & Big Pine:
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
Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537
Card & Notice Sent to:
Randy Barta
13681 Loon Lake
Lake Park, MN 56554
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: David Wass - 29133 260*'’ St., Underwood, MN 56586
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 30, 2021
Extra 7
BOA Members _
PC Member___
Envelopes___9
TOTAL NOTICES TO PRINT___23
I I Added to Agenda EH
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
1 MinutesBy:
Amy Busko
Map
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-388) 10-14-21.docx
'-^■
';; ■„Buffer Parcels
Parcel No Addr 2Name 1 Addr 1 Citv St ZiD
Vergas MN 56587 4206
Name 2
32000290194000 Arlene O Wilschewski 316 Frazee Ave E
32000290194001 Mark 8i Joan Stenger 47629 353rd Ave Frazee MN 56544 8954
32000290194004 Mark & Joan Stenger 47629 353rd Ave Frazee MN 56544 8954
32000990666000 Kevin Honeyman 2224 Centennial Rose Dr S Fargo ND 58104 6815
32000990667000 Beesonlien Properties LLC Detroit Lakes MN 56501 713913142 Merry Meadow Ln
32000990668000 Luvern & Lorry Carlson Beresford SD 57004 643929497 472nd Ave
32000990669000 Jon & Beth Stoa Lakeville MN 55044 250119185 Ismay Ct
32000990670000 Lyle D & Monica A Fritz Tsts Sartell MN 56377 2295506 Northstar Ct
32000990671000 Judith Stoa & Kathleen Jameson Flighlands Ranch CO 80126 42691532 Beacon Hill Dr
32000990672000 Todd R 8i Debra L Shasky Moorhead MN 56560 70373474 73 rd Ave N
32000990673000 To The Public 00
Monday. September 27. 2021 Page 1 of 1
Buffer Mail
Address i City, State, ZipNameAddress 2
Beesonlien Properties LLC 13142 Merry Meadow Ln Detroit Lakes MN 56501 7139
Luvern & Lorry Carlson 29497 472nd Ave Beresford SD 57004 6439
Kevin Honeyman 2224 Centennial Rose Dr S Fargo ND 58104 6815
Judith Stoa & Kathleen Jameson 1532 Beacon Hill Dr Highlands Ranch CO 80126 4269
Lyle D & Monica A Fritz Tsts 506 Northstar Ct Sartell MN 56377 2295
Todd R & Debra L Shasky 3474 73rd Ave N Moorhead MN 56560 7037
Mark & Joan Stenger 47629 353rd Ave Frazee MN 56544 8954
Jon & Beth Stoa Lakeville MN 55044 250119185 Ismay Ct
Arlene 0 Wilschewski 316 Frazee Ave E Vergas MN 56587 4206
Monday, September 27, 2021 Page 1 of 1