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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- ij- 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 /- ^ > /Je/a.y etE-MAIL ADDRESS 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 /7^r ($> (s 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 {■f -f. To fs y Ac ^6' Oif Shi»ali^i /V} (A /"t ajA /yu. ^ Cy . i-OT~. f/j-yyroxf uT/& 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ONLY Dclnlur /V^ ZnZj 1' ooTimeDate Of Board of Adjustment Hearing Motion f Lyle & Monica Fritz - Variance Application Withdrawn (6:23 p.m.) October 14, 2021 - After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the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 : i-.v'; m > ’ .1.1 ‘"ifesw! / / KS/ // (t 7*/ rf'f /N/ k:*" I II I \\ / I] l'' 'I \ \ i^'.-.'-'V No \.\4 ■fK N ! Ooao*^- « ■ '% a rri I;j!>.Ni O))l\> «>OjOjf?'U 0<Csl Oi cr>oOi o %o KhO/i \/ c?c/r O', II ^ V*: \O'.\\\ \i-\’I\ \I I\.‘■S \•• •h \ & , 54-23-5r £».«4’ !1 I 1 ^(it? .T1I ; scale drawing form - -t-i - - . - t—I -r . '..i..i \.1if I -i-frt i 4...1. i T Tax Parcel Number(s) |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 Impervious Surface Caiculation (see back).I J_ I- Scaleii TIitr•I-Bf ■h mrrt1'Y tI-f h-f--[tf!II .1Ym.1 .1.!;..i.•I-.4..i..j-t II■L Vi-n I ii•j.i-.....t t:t;J f ,, JT(Ito fflf)rf-I T-4 1 !!I I !.1 ..i.-|-t T'4-JI aIY-T I I !I I -T' ..J. „.i..-“t 1:G oY .4..I.....I ..i. t1 "1..11t T'T!I1'"1-:jihit n .1to .1,'Itiltyr'TTrrn'M' ‘4.].......i....i...L-.j..i ••■i'....i ,1,I,.i.4 .....to]!)toXI'tUlI1tt1 t:ra Jll IiYJ t""“*!I r Ei.1 !■f.....1 I .1...{.!..1.■I.1,.ri 144...4to_tototYI11•p-f-i ■I' n..J.....t>C j.1..1..i.4..4.t..T'I,Cd•i.. M e II s - .ipi ' i i i-)L.1 ..i.1 J.I ..I..L•r i!h :p:—i_ fto t.i I■' i- ^1'.I'MI ri 111 T t i'■-1 It;i1.4 Ht J..I,.L,.5-’Z II)..4.1 tfI 41 I UJiI t':.J T si t ?)-4htt T-U-L r--1—p-i'-'l—j-* tEel1•f i .11..i.,I^rr 1, tt 1.tY I.L t•I'1I•i.. I 11• ^ ;f I i !1 i-i>. ^ ~ yc -i-I 00,^I I t If i'?I t' -=o G- V F ’I u_-I Q' MJ § t ^ - ' ■ >1- ....i iI .i ..iOi r \tT I I -i...«. .i._ 4 -V V\!‘ i- -iI i LI I : J rI 1..... I i1...i...rSignature of Property pwnerr H"“'t4.H' • Date :Ml1 i i IiJ..BK W042016 Fergus.Falls. MN-?—1 -800-346-4870 t—i-■360.800- •--Victor LundeeniCo.'. Printers.H-1 .14 ii-r!IIT! 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