HomeMy WebLinkAbout13000040019025_Variances_09-10-2020q-W-7dTo]Date Stamp %
1244714
RECEIVED r.AROL SCHMALTZ
OTTER TAIL COUNTY
recorder,.'REGISTRAR OF TITLEb
FERGUS FALLS, MH
recorded oh
09/21/2020 02:29 PM
FEE: 46.00
PAGES 7
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AU6 20 2020
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liiFl 1THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPUCATiQH FOR VARIAMCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls WIN 56537
218-998-8095
Mwwxoxrttpr-tafl rTm.usOTTaTMt
hVo.oOApplication Fee
Receipt Number
IT Zz>-2-Z)?^Accepted by Date
Property Owner
Name John & Sharon Larson
Address 514 Maple Lane
City Moorhead
state MN
Zip 56560
Daytime
Phone 218-443-2557
Email johnIarsonSI 4@gmail.com
Parcel Information
Lake Class QQLake No 658 Lake Name Wall Lake
Parcel Number(s)Parcel C -13000040019025
Parcel Number(s)
SectionTownship Name 04Dane Prairie
Legal Description SEC. 04, TWP. 132, RNG. 042
.45 AC Pt. SL 3 of GL 4 COM W1/4 COR. SEC. 4, E 1214.08, N 7 DEG W 84.88' To
PT BG, N 7 DEG W 99.82 E 141' To LK, SLY ALG LK TO INTSEC LN BEAR E FR
PT BG, W 131' TO BG & PT GL 4 COM W 1/4 COR SEC 4. E1147.60', N 8 DEG W.
Physical Address 24739 Mound Road, Fergus Falls. MN 56537
TYPE OF VARIANCE REQUESTED (Please Check)
□□□structure
Setback □SubdivisionSewage SystemStructure Size
0□□MisceilaneousClusterWECS
Version Date: 04/07/2020
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE:
SECTION OF ORDINANCE:______
We wish to separate the back lot. of parcel # 13000040019025, (which is 50’ x 100’) from our property
on the lake side. And then sell that back lot to Blaine Peterson. Our back lot is actually bordering the
Peterson property, and the township road right of way, runs between our lake front property and our
back lot. Making it difficult to use that piece of property.
We believe the parcel number we supplied is for both the front lake lot and the back lot. We only want to
sell the 50’ xlOO’ back lot on the west side of the township road.
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.
\ 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 UNDERST/^TMT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBIUTY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING
THIS MATJW/
0 '-/? "
DATESIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER
7 APPLICANT MUST BE PRESENT AT THE HEARING
7 (Applicant will Receive Notification of the Date/Time of Hearing)
7* ooTimeDate of Hearing
Motion
John & Sharon Larson - Variance Application Approved as Requested (7:34 p.m.)
After consideration and discussion, Douglas Larson made a motion, seconded by Darren Newv iile and carried
by roll call vote to approve the variance as requested to permanently attach the back lot portion of parcel no.
13000040019025 (50' x 100’) to parcel no. 13000040019026. This decision is also based on the Findings of
Fact and Decision Form, which contains the criteria rev iewed 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. The variance as approved does not directly or indirectly grant any other variances
for future development.
f\ni^jf7Lidio Ohi 7hma<^ La
man/otter Tail County Board of AdjustmentChair
Permit(s) required from Land & Resource Management Yes No
Note; If Yes, contact Land & Resource Management
£Copy of Application mailed to Applicant, County Assessor and MN DNR
L&R Offidal/Date
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR TRIIeettTTaisaeiOTa
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:John & Sharon Larson
Address/Parcel No. 24739 Mound Rd / 13000040019025
Requested Variance: We wish to separate the back lot, of parcel #13000040019025, (which is 50' x 100') from our
property on the lake side and then sell that back lot to Blaine Peterson. Our back lot is actually bordering the Peterson
property, and the township road right of way, runs between out lake front property and our back lot. Making it difficult
to use that piece of property. We belieye that the parcel number we supplied is for both the front lake lot and the back
lot.. We only vA/ant to sell the 50' x 100' back lot on the west side of the township road.
Otter Tail County Ordinance: X Shoreland Mgmt. IJ Sanitation. U Subdivision. J WECS I Dock & Riparian Use' : Setback Ord.
Ordinance Section Citation: III. 3.
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: The 50' x 100' back lot is not a useful lot for this property, and it belones to
the Peterson property.
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).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
n No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
This is an excess land, that is primarily just road ditch for a township road, and to have small storage shed. Storage shed will
be removed after sale of property.
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 iost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
□ No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The only purpose this land has been for is space for another storage shed.
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 iot size, lot configuration, wetiand, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
This land somehow got attached to the 2 parcels across the township road. The 2 parcels stand on their own, as for as
meeting minimum square footage.
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.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
Nothing will change about the property except for the change in ownership.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
This application has nothing to do with the value of the land, or the cost of coming into compiiance.
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.
DATED: September 10, 2020
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.)
1204786No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( ^) filed ( ) not required.
Cert, of Real Estate Value \^o.193lOO
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/11/2018 03:01 PM
FEE: 96.00
PAGES 3
WELL CERTIFICATE REC'D: Y
cnoo II AOnCO
(Year)
Wayne Stein, County Auditor/Treasurer
bv
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>QO
R>OOOO^OOl^O\\
l2>(Kl00^00ljo^S
Deputy
Personal Representative’s Deed
Individual Personal Representatives to Joint Tenants
COUNTY OF OTTER TAIl.
NUMBER
DATE
State Deed Tax Due Hereon; $635.25
Date:2018
FOR VALUABLE CONSIDERATION, John Eichhorn and Donald Eichhorn,
Grantors, as Co-Personal Representatives of the Estate of Ervin J. Eichhorn,
single at the time of death, hereby conveys to John A. Larson and Sharon M.
Larson, Grantees, as Joint Tenants, real property in Otter Tail County,
Minnesota, described as follows:
See Attached Exhibit “A”
Together with all hereditaments and appurtenances belonging thereto.
Seller certifies that;
( ) Seller does not know of any wells on the above described property
(X) A well disclosure accompanies this document
( ) The status and number of wells on the above described property has not
changed since the last well disclosure filed
otter Tail County, Minnesota 1204786 1 of 3
^/^hn Eichhorn, Co-Personal Representative
Donald Eichhorn, Co-Personal Rgprcsentative
STATE OF MINNESOTA )
)SS
COUNTY OF OTTER TAIL )
This document was acknowledged before me on I 6?
Eichhorn and Donald Eichhorn, as Co-Personal Representatives of the Estate of
Ervin J. Eichhorn, decedent.
2018 by, John
(Notarial Stamp or Seal)
DACIA J. TEBERG
Notary Public-MInnesota
My Comml88lon Expires Jan 31.2020w
Property Tax Statements should be sent to:
John and Sharon Larson
This document was drafted by:
Century 21 Vista
405 W. Lincoln Ave.
Fergus Falls, MN 56537
otter Tail County, Minnesota 1204786 2 of 3
• i
Exhibit “A”
All that part of Sublot Three (3) of Government Lot Four (4), Section Four (4),
Township One Hundred Thirty-two (132)i Range Forty-two (42), Otter Tail
County, Minnesota, according to the recorded plat thereof, described as
follows; Commencing at the west quarter corner of said Section Four (4);
thence North 89 degrees 57 minutes 55 seconds East (bearing based on
Otter Tail County coordinates, 2011 adjustment) along the south line of said
Government Lot Four.(4), a distance of 1214.08 feet to the easterly line of
Reserve “A" of said SublotiThree (3), the point of beginning of the land to be
described;
said Easterly line, a distance of 84.88 feet; thence North 89 degrees 54
minutes 30 seconds East a distance of 131 feet more or less to the shoreline
of Wall Lake; thence southerly along said shoreline to said South line of
Government Lot Four (4); thence ,South 89 degrees 57 minutes 55 seconds
West along said South line, a distance of 123 feet more or less to'the point
of beginning. Containing 10,914 square feet more or less. From an abstract
of title consisting of 1 to 58 entries.
1.
thence North 07 degrees 58 minutes 09 seconds West along
AND
All that part of Sublot Three (3) of Government Lot Four (4), Section Four (4),
Township One Hundred Thirty-two (132), Range Forty-two (42), Otter Tail
County, Minnesota, according to'the'recorded plat thereof, described as
follows: Commencing at the west quarter corner of said Section Four (4);
thence North 89 degrees 57 minutes 55 seconds East (bearing based on
Otter Tail County coordinates, 2011 adjustment) along the south line of said
Government Lot Four (4), a distance of 1214.08 feet to the easterly line of
2.
V
Reserve "A” of said Sublot Three (3); thence North 07'degrees 58 minutes
09 seconds West along said Easterly lirie, a distance of .84.88 feet to the
point of beginning of the land to be described; thence continuing North 07
degrees 58 minutes 09 seconds West along said easterly line, a distance of
thence North 89 degrees 48 minutes 03 seconds East a99.82 feet;
distance of 141 feet more or less to the shoreline of Wall Lake; thence
southerly along said shoreline to the intersection with a line which bears
North 89 degrees 54 minutes 30 seconds East from the point of beginning;
thence South 89 degrees 54 minutes 30 seconds West a distance of 131
feet more or less to the point of beginning. Containing 1 3,046 square feet
more or less.
i
AND
All that part of Government Lot Four (4), Section Four (4), Township One
Hundred Thirty-two (132), Range Forty-two (42), Otter Tail County,
Minnesota, according to the recorded plat thereof, described as follows;
Commencing at the west quarter corner of said Section Four (4); thence
North 89 degrees 57 minutes 55 seconds East (bearing based on Otter Tail
County coordinates, 2011 adjustment) along the south line of said
Government Lot Four (4), a distance of 1147.60 feet; thence North 08
degrees 00 minutes 20“seconds West a distance of 84.44 feet to the point
of beginning of the land to be described; thence South 89 degrees 48
minutes 40 seconds West a distance of 49.77 feet; thence North 07
degrees 57 minutes 17 seconds West a distance of 100.04 feet; thence
North 89 degrees 48 minutes 05 seconds East a distance of 66.28 feet to the
westerly line of Reserve "A” of Sublot Three (3) of said Government Lot Four
(4), according to the recorded plat thereof; thence South 07 degrees 58
minutes 09 seconds West along said westerly line, a distance of 100.05 feet
to the intersection with a line which bears North 89 degrees 48 minutes 40
seconds East from the point of beginning; thence South 89 degrees 48
minutes 40 seconds West a distance of 16.53 feet to the point of beginning.
Containing 6,571 square feet more or less. From an abstract of title
consisting of 1 to 79 entries.i
i
Otter Tail County, Minnesota 1204786 3 of 3
Linda Johnson, Et AI - Variance Application Approved (7:26 p.m.)
Linda Johnson, Lot 4 lying S & W of Twp. Rd (W Silver Lake Rd.), Unnamed Lake (56-304), Everts Township request the following:
Proposing to construct an addition to the dwelling being 117’ at the closest point to the waters edge as verified by Land & Resource
Management on August 18. 2020. The required setback is 200’. When the house was constructed in 1978 the structure setback was 75’
as this was a General Development Lake. In May of 2009 the Lake was reclassified to a Natural Environment Lake.
Linda Johnson & Voni Madsen, property owners represented the variance application via GoToMeeting. The audience was polled
with no one speaking for or against the variance application.
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to
approve the variance request to construct an addition(s) to dwelling being 117’ from the waters edge. This decision is also based on
the bindings 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 ABSENT ABSTAINYEANAY
XThomas Lee
Darren News ille X
XDouglas Larson
Michael Donoho X
Terry Marthaler
Judd Fischer - PC Member
X
X
John & Sharon Larson - Variance Application Approved as Requested (7:34 p.m.)
John & Sharon Larson, .45 Ac Pt SL 3 of GL 4 Com Wl '4 Cor.... Wall Lake (56-658), Dane Prairie Township request the following:
We wish to separate the back lot, of parcel #13000040019025, (which is 50’ x 100’) from our property on the lake side and then sell
that back lot to Blaine Peterson. Our back lot is actually bordering the Peterson property, and the township road right of way, runs
between our lake front property' and our back lot. Making it difficult to use that piece of property . We believe that the parcel number
we supplied is for both the front lake lot and the back lot.. We only want to sell the 50’ x 100' back lot on the west side of the
township road.
John Larson, property owner, represented the variance application via GoToMeeting. The audience was polled with no one speaking
for or against the variance application.
After consideration and discussion, Douglas Larson made a motion, seconded by Darren Newville and carried by roll call vote to
approve the variance as requested to permanently attach the back lot portion of parcel no. 13000040019025 (50’ x 100’) to parcel no.
13000040019026. 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. The variance as approved does not directly or indirectly grant any other variances for future
development.
Roll call vote as follows:
Board of Ad justment ABSENT ABSTAINYEA NAY
XThomas Lee
XDarren NewTille
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Judd Fischer - PC Member X
Board of Adjustment
September 10. 2020
Page I 5
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:
John & Sharon Larson
514 Maple Lane
Moorhead MN 56560
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, September 10, 2020 at 7:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Parcel No. -13000040019025
.45 Ac Pt SL 3 of GL 4 Com Wl/4 Cor...
Section 04, Township 132, Range 42
Township Name - Dane Prairie
Wall (56-658), General Development (GD)
24739 Mound Rd, Fergus Falls MN 56537
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
We wish to separate the back lot, of parcel #13000040019025, (which is 50' x 100') from our property
on the lake side and then sell that back lot to Blaine Peterson. Our back lot is actually bordering the
Peterson property, and the township road right of way, runs between out lake front property and our
back lot. Making it difficult to use that piece of property. We believe that the parcel number we supplied
is for both the front lake lot and the back lot.. We only want to sell the 50' x 100' back lot on the west
side of the township road.
Amy Busko
Board of Adjustment Secretary
August 27, 2020
(@) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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' ownership and together are compliant with the requirements of the SMO.
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STAFF REPORT
John & Sharon LarsonAPPLICANT:
We wish to separate the back lot, of parcel #13000040019025, (which is 50x100") from
our property on the lake side. And then sell that back to Blaine Peterson. Our back lot is
actually bordering the Peterson property, and the township road right-of-way, runs
between our lake front property and our back lot. Making it difficult to use that piece of
property.
We believe the parcel number we supplied is for both the front lake lot and the back lot.
We only want to sell the 50'xl00' back lot on the west side of the township road.
APPLICATION:
24739 Mound Road, Fergus Falls, MN 56537 13000040019025LOCATION:
LAKE NAME/NUMBER/CLASS: Wall Lake, 56-658, GD
STAFF WHO COMPLETED REPORT: Chris LeClair
IH;ac/..iAE ilII
Staff Recommendation: Either approve or deny, if a motion is made to approve the application, staff recommends
the following conditions be included:
1. No recommendations
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp.4(D)
Non-riparian lots of no less than 5,000 square ft. may be created if they are legally joined to a riparian lot within 200
feet of the non-riparian lot, and contain restrictions against residential construction. Such nonresidential non
riparian lots must be created by subdivision plat in such a manner as to allow for orderly attachment to riparian lots
and with appropriate restrictive covenants. The final plat will not be accepted unless it identifies the riparian lot to
which each new non-riparian lot shall be permanently attached.
Staff Comments; Based on a review of the application and a site review. Staff offers the following comments:
1. Site visit August 31, 2020
2. No comments
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VARIANCE REQUEST CHECKLIST
While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required by
Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request against the
following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted.
As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the following
criteria:
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall cansider the
purposes and intent of the official control). ii-x-Li ir ALo-d, 1^“' Pv,,..ovAv
Avi To lAaot SmoU SUed. Wai
Rewooe-ti A4''^evr PmopevAy.
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 reasonabie use of the property is lost (practical difficulties) by the strict enforcement of the official
OvvVy Purpose, TC\\ s Lavv^ Bee\/v Fbv^ 4-S. Space. Fb'r AWo'tVev^
S*fo'<'a^c SlA.e.<i,
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
landowners? (The board shall consider what circumstances are unique to the property, such as iot 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?)VeS,, Lov>^ Soir<\e,Vsouj Go't’ A'^QcWe<i "To T^ie. T^UJO Povc&.\ s
Tc>LvW<iU.vp . r^-e. Tuio Pcsv-ce-\^ Ow TKew CXo^^ As Irav As
j^u^UVv\ovv- S^ove. F^o^o0c...
4. Will the issuance of the variance maintain the essentiai 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.)
lOrV\ CVvoK^e. Pv'Opev-'^y t^Scc-p"^ Po\r
(^.G-aW-c^e. C>L>JVvc.v c.Wi p .
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 considerable
more does not constitute a practical difficulty).
Mo"V A'A.ytkvtv^ To Do TTt..
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15Feb2019 CWL
In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management Ordinance allows the
Board of Adjustment the option to consider the following while deciding on a variance request;
1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area.
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2. Whether existing sewage treatment systems on the property need upgrading before additional development is
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3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or to
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4, No variance will be granted simply because there are no objections or because those who do not object outnumber
those who do.
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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.
15Feb2019 CWL
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 27‘^ day of August, 2020 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Bonnie Mark, Clerk
Dane Prairie Township
18259 275“^ Ave
Fergus Falls MN 56537
John & Sharon Larson
514 Maple Lane
Moorhead MN 56560
Wall Lake Association
Ben Nelson
21453 Hillside Beach Rd
Fergus Falls MN 56537
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils (Ne^Perham): Devils Lake Imp. Dist,, PO Box 431 Perham, MN 56573Little'T^^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little pJI^Big Pine:
Pelic^ FisnyBass & 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
S
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Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Otter Tail County COLA, 4302 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: Judd Fischer, 711 Sunset Dr., 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 &
Envelopesto Print
File 1Dated: August 27, 2020
Extra 6Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members___5
PC Member_____
Envelopes 14
TOTAL NOTICES TO PRINT____28
I I Added to Agenda Map
m Print out Findings of Fact Sheet
Newspapers FFDJ____________
1 MinutesBy:
Amy Busko
l:\BOA\September BOA\Larson Affidavit (658) 09-10-20.doci
Buffer Parcels
Parcel No Name 1 Addrl Addr2Name 2 Citv St ZiD
Fergus Falls MN 56537 827513000040019001 PaulVJaros 24634 Mound Rd
13000040019002 Gary Whipps 24673 Mound Rd Fergus Fa llsMN 56537 8275
13000040019004 Wilken 1st 24705 Mound Rd Fergus Falls MN 56537 8275
13000040019005 Clyde J Roers 24642 Mound Rd Fergus Falls MN 56537 8275
13000040019006 G & M Gerou RIt 805 3rd St N Wahpeton ND 58075 3403
13000040019007 Owners Of Lots 1 Thru 11 00
13000040019008 Robert A Chester 24689 Mound Rd Fergus Falls MN 56537 8275
13000040019011 John & Sharon Larson 514 Maple Ln Moorhead MN 56560 3237
13000040019012 Wilken Tst 24705 Mound Rd Fergus Falls MN 56537 8275
13000040019013 G & M Gerou RIt 805 3rd St N Wahpeton ND 58075 3403
13000040019019 Layna L Greenwood 24711 Mound Rd Fergus Falls MN 56537 8275
13000040019023 Bradley J Lillemon 24702 Mound Rd Fergus Falls MN 56537 8275
13000040019025 John & Sharon Larson 514 Maple Ln Moorhead MN 56560 3237
13000040019026 Blaine E Peterson 24716 Mound Rd Fergus Falls MN 56537 8275
13000040019027 David C Thompson 24744 Mound Rd Fergus Falls MN 56537 8275
Richard Berge Tst13000040021000 24481 Wall Lake Point Cir Fergus Falls MN 56537 8252
Lanny & Jacqueline Hendrickson13000990586000 23178 Wall Lake Bnd W Fergus Falls MN 56537 8296
13000990587000 Lanny & Jacqueline Hendrickson 23178 Wall Lake Bnd W Fergus Falls MN 56537 8296
13000990588000 Angela R Berge Tst 728 Northridge Way West Fargo ND 58078 4365
13000990589000 To The Public 00
Tuesday, August 25. 2020 Page 1 of 1
Buffer Mail
Address iName Address 2 City, State, Zip
Angela R Berge Tst 728 Northridge Way West Fargo ND 58078 4365
Robert A Chester 24689 Mound Rd Fergus Falls MN 56537 8275
G & M Gerou RIt 805 3rd St N Wahpeton ND 58075 3403
Layna L Greenwood 24711 Mound Rd Fergus Falls MN 56537 8275
Lanny & Jacqueline Hendrickson 23178 Wall Lake Bnd W Fergus Falls MN 56537 8296
Paul V Jaros 24634 Mound Rd Fergus Falls MN 56537 8275
John & Sharon Larson 514 Maple Ln Moorhead MN 56560 3237
Bradley J Lillemon 24702 Mound Rd Fergus Falls MN 56537 8275
Blaine E Peterson 24716 Mound Rd Fergus Falls MN 56537 8275
Richard Berge Tst 24481 Wall Lake Point Cir Fergus Falls MN 56537 8252
Clyde J Roers 24642 Mound Rd Fergus Falls MN 56537 8275
David C Thompson 24744 Mound Rd Fergus Falls MN 56537 8275
Gary Whipps 24673 Mound Rd Fergus Falls MN 56537 8275
Wilken Tst 24705 Mound Rd Fergus Falls MN 56537 8275
Tuesday, August 25, 2020 Page 1 of 1