HomeMy WebLinkAbout14000160128002_Variances_03-18-20201235969
Date StampRECEIVED
MAR 18 2KC
AND & RESOUBO
CAROL SCHMALTZ
OTTER TAIL COUNTV
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OHj/-yj SCANNED 04/20/2020 12:22 PM
FEE: 46=00L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER L, -.6RTIFTCATE ficC'D: N
APPLICATION FOR VARIANCE
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
OP
5oo~'Application Fee
^0 9lo - ocHCOMPLETE THIS APPLICATION IN INK Receipt Number
Accepted By / Date
yo\DAYTIME PHONEPROPERTY OWNER
/V/>MAILING ADDRESS
/dmE-MAIL ADDRESS \\d
5L-MeLAKE CLASS
0 (TAN UAiee
LAKE NAMELAKE NUMBER
q/lu RANGE "it.TOWNSHIP NAMETOWNSHIPSECTION
^fiOLlS Lji\..Wm~ooo ' - ool 5 - oc/K E-911
ADDRESS
PARCELNUMBER IH - o - ( b f < J- 6 - gn- ^
LEGAL DESCRIPTION C UL
(J L I -
TYPE OF VARIANCE REQUESTED (Please Check)
structure Size ^ Sewage System WECSCluster Misc.SubdivisionStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT
SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: ^
SECTION OF ORDINANCE:
VARIANCE REQUEST:
U)e ,'oj o, i/o,r,CincQ
]-ki^y^T sa> vOe. cc. Vx
Non-^X)n■f^3rm iV^ .
^ M W- I2.. t>.
h/ie.To
\3w I y t' '\3 H c i S ^ of\
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 MANAGEMENTfREGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER )ATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
t^>20 U ■eVpmDate Of Board of Adjustment Hearing
Motion
Time
Solitary Properties - Variance Approved with a Condition (6:54 p.m.)
After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried by a roll call vote to approve
the request to raise the roof line height to 16’ on non-conforming cabins 1, 2, 3, 5, 6 & 7 and raise the roof line height on non-
conforming cabin 4 to 22’ with the condition that the proposed roofline of the 7 non-conforming cabins to be replaced can’t be any
closer to the lake than the roofline on the existing 7 non-conforming cabins. 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. It was noted that these cabins need
maintenance. The variance as approved does not directly or indirectly grant any other variances for future development.
Hi iaChairman/OtterTail County Board of Adjustment
Permit(s) required from Land & Resource Management
^ Yes (Contact Land & Resource Management)
No
Official/Date ’
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS,DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOmRTAIIoo«arT>»i«diieTa
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 j
Applicant:Solitary Properties
Address/Parcel No. 38045 White Haven Rd. / 1400Q090075001 & 14000160128002
Requested Variance: We are requesting a variance to.raise the roof line helEht so we can meet building code height on 7
non-conforming cabins,(attachments on file at Land & Resource Management)._________________________________
Sanitation. Subdivision.WECS Dock & Riparian Use Setback Ord.Otter Tail County Ordinance: X Shoreland Mgmt.
Ordinance Section Citation: IV. 12. D.
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: NeedTo change the height of the existing 7 non-conforming cabins.
Currently the walls are 6'8" and the peak of each roof is 10'. Would like to raise each roof to 16' to get proper head room in the
7 cabins.
V
Otter Tail County Board of Adjustment-Variance Question Findings;
1. Is the variance in harmony with the generai purposes and intent of the officiai controi? (The board shall consider the purposes
and intent of the official control).
X Yes/the variance is in harmony with the general purposes and intent of the official control...
No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
These are legal non-conforming structures that are in need ofrepair/repiacement and the expansion of the height is aiidwed
under a variance. Also, there wiii be no change in the impervious surface with the proposed request.
2. Is the property owner proposing to use the property in a reasonabie manner not permitted by the officiai controi? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The structures will be not encroach any closer to the lake than the existing 7 cabins.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property; such' as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly ?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The dwelling is an existing legal non-conforming structure not meeting the required setbacks of the Shoreland Management
Ordinance and built prior to any zoning regulations. They are doing maintenance to these 7 cabins which this variance will
allow the cabins to be taller.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the varjance will maintain the essential character of the locality....
No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
This is a resort area and there is a resort located directly to the west of this resort style property which has structures with
similar setbacks.
5. Does the need for the variarice involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
No, the issuance of the variance is only for economic considerations...
...because:
The proposed improvements are. to legal non-conforming structures.
the requested variance.The Otter Tail County Board of Adjustment: APPROVES X DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: April 9, 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.)
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.
-
1189128
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
04/11/2017 9:51 AM
No Delinquent taxes and transfer entered.
Certificate of Real Estate Vaiue
( X ) filed ( ) not required.
CRVNo.: 640116
Date: 4/11/2017
WAYNE STEIN, County Auditor/Treasurer
by PA, Deputy
14-000-09-0075-001
14-000-16-0128-002
FEE: 96.00
PAGES 3
WELL CERTIFICATE REC'D; Y
10 2018
WARRANTY DEED
ECRV: (oMOUf/?
\O\^0CO
State Deed Tax Due is COUNTY OF OTTER TAIL
STATE OF MINNESOTA
Deed Tax: $1,303.50
Number 1286
Date: 4/11/2017
WAYNE STEIN, County Auditor/Treasurer
by JLS, Deputy
Date:
E-WDC:
FOR VALUABLE CONSIDERATION, WHITE HAVEN RESORT, INC., a Minnesota
corporation, GRANTOR, hereby conveys and warrants to JADE NIELSON PROPERTIES, LLC,
GRANTEE, real property in Otter Tail County, Minnesota, described as follows:
That part of Government Lot 6 of Section 9, and of Government Lot 1 of Section 16, Township
135, Range 40, Otter Tail County, Minnesota, lying Westerly of the following described line:
Commencing at the Northwest comer of the SW14 of said Section 9; thence on an assumed bearing
of South 0 degrees 21’ West on the westerly line of said Section 9 for a distance of 1256.66 feet
to a point of beginning of the line to be described; thence South 29 degrees 49’15” East 1403.95
feet; thence South 03 degrees 08’35” West 335 feet more or less to the shoreline of Dead Lake and
there terminating.
Together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions: Easements, restrictions and reservations of record, if any.
Check applicable line:
___The Seller certifies that the Seller does not know of any wells on the describe real
property.
A well disclosure certificate has been electronically filed
___I am familiar with the property described I this instrument and I certify that the status and
number of wells on the described real property have not changed since the last previously
filed well disclosure certificate.
prncoiiuwv)
V
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WITNESS, the hand of the GRANTOR:
WHITE HAVEN RESORT, INC.
By: Daniel S ^
Its: President a:
STATE OF )
COUNTY OF
The foregoingiinstruriient was acknowledged bef^e me this day of [\A^.r/^L . 2017
by Daniel S Douglas, known to me to IheTresident of White Haven Resort, Inc., a Minnesota
corporation,swho is described in, and who executed.the:foregoing instrument, and acknowledged
that he executed the same on behalf of said coiporation.
r
) ss.
r
Notary Public, nc-/nn-CounW~
My Commission Expires: Ocpri/r^
fflSWLtpWt' T aae rf(SEAL)
r■f
:
WHITE HAVEN RESORT, INC.
r6y; Matthew Dougl^/
Its; Vice President
STATE OF %)
} ss.
COUNTY OF )V
The foregoing instruraait was acknowledged before me this ^ ^ day of A^orc^l^
by Matthew K Douglas, known to me to the Vice President of White Haven Resort, Inc,, a
Minnesota corporation, who is described in, and who executed the foregoing instrument, and
acknowledged that he executed the same on behalf of said corporation.
2017
a . COREY DAVIS
Notary Public - State of Kansas My Appt. Expires lo’^l'tCA
(SEAL)
Notary Public, J^oofAs County./tT?
My Commission Expires: o /oq /?-f, >
Tax Instruments to-
haSsen-ftTiperties, *Li:C . ‘ l
Fargo ND 58102
THIS INSTRUMENT WAS DRAFTED BY:
Plains Title LLC
3330 FiechtnerDrSStelOZ
Fargo, ND 58103
Phone (701) 478-6400
^'fS(S Y)oT'f>}
Michael & Glori French - Variance Approved as Requested (6:43 p.m.)
Michael & Glori French, Lot 1 Blk 1 & Vac Rd Adj - Sunset Beach Addn - Lizzie Lot 7 Blk 2 Lizzie View Estates, Lizzie Lake (56-
760) in Dunn Township requested the following: Due to my disability with MS we are proposing to construct a 20’ x 28’ addition to
our existing dwelling. Our current impervious surface calculation is 26.9% coverage. With the removal of sidewalks and patio this will
reduee our impervious surface coverage to 26.7%, reduction of .2%. Note that we do not park on this lot. We park on the backlot (Lot
7 Blk 2 Lizzie View Estates) across the road where our garage/shop is located, which is perm attached to the front lot.
Michael & Glori French, 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, Terry Marthaler made a motion, seconded by Thomas Lee and unanimously carried by a roll call
vote to approve the variance request to construct a 20’x28’ addition to the existing dwelling with an impervious surface coverage not
to exceed 26.7%. 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 Adjustment ABSENT ABSTAINYEANAY
XThomas Lee
Darren Newville X
XDouglas Larson
Michael Donoho X
XTerry Marthaler
David Wass - PC Member X
Solitary Properties - Variance Approved with a Condition (6:54 p.m.)
Solitary Properties, Part of GL 6 & Part of GL 1, Dead Lake (56-383) in Dead Lake Township requested the following: We are
requesting a variance to raise the roof line height so we can meet building code height on 7 non-conforming cabins (attachments on
file at Land & Resource Management).
Jade Nielson, property owner and Don Quast, contractor represented the variance application via GoToMeeting.
The audience was polled with Attorney Gary Leistico, Rinke Noonan Law Firm (Representing Dead Lake Association) spoke in
opposition to the request. They have objections which are set out in a letter which was dated April 8,2020. Ben Olson and Chris
LeClair addressed Attorney Gary Leistico’s comments.
Craig Lund expressed concerns regarding the existing cabins being within the 200’ setback, however, has no issue with doing repair to
the structures but objects to making the cabins taller. Mike Herzog, members of the Dead Lake Association, objects to the variance
also.
After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried by a roll call vote to
approve the request to raise the roof line height to 16’ on non-conforming cabins 1, 2, 3, 5, 6 & 7 and raise the roof line height on non-
conforming cabin 4 to 22’ with the condition that the proposed roofline of the 7 non-conforming cabins to be replaced can’t be any
closer to the lake than the roofline on the existing 7 non-conforming cabins. 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. It was noted that these cabins
need maintenance. The variance as approved does not directly or indirectly grant any other variances for future development.
Roll call vote as follows:
Board of Adjustment
April 9, 2020
Page I 3
Solitary Properties - Cont.
Board of Adjustment YEA NAY ABSENT ABSTAIN
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
David Wass - PC Member
X
X
Kris & Brett Lindemann - Variance Request Approved (7:14 p.m.)
Kris & Brett Lindemann, CIC No. 40 Unit 2 - Hidden Acres Development, Leek Lake (56-532) in Candor Township requested the
following: Request to expand a non-conforming structure in height only on dwelling located in Unit #2.
Kris & Brett Lindemann, 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, Thomas Lee made a motion, seconded by Michael Donoho and unanimously carried to approve
the variance as requested with the expansion of a non-conforming dwelling structure in height located in CIC No. 40 Unit #2. 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 Adjustment YEA NAY ABSENT ABSTAIN
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
XTerry Marthaler
David Wass - PC Member X
Jordan J. & Kaylee M. Vaughan - Variance Approved as Requested with Condition (7:20 p.m.)
Jordan J. & Kaylee M. Vaughan, N 10 Acres of SW 'A SW 14, Unnamed Lake (56-121) in Otto Township requested the following: We
are proposing a 30’x48’ addition to our existing dwelling. New addition is to be slab-on-grade. We request a 1 ’ variance from 200’
setback from OHWL, addition to be 199’ from OHWL. We also request a variance of 8’ from existing drainfield setback. Addition
proposed at 12’ from edge of drainfield.
Jordan & Kaylee Vaughan, 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 Darren Newville and unanimously carried by a roll
call vote to approve the variance request to construct a 30’x48’ addition to the dwelling being 199’ from the ordinary high water level
and being 12’ from the drainfield with the condition that the drainfield is staked and protected on all four sides with caution tape as
there should be no driving on this area. 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 Adjustment
April 9, 2020
Page I 4
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:
Solitary Properties
302 N. University Dr.
Fargo ND 58102
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, April 9, 2020 at 6:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing, information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. -14000090075001 & 14000160128002PartofGLS&PartofGLl
Sections 9 & 16, Township 135, Range 40
Township Name - Dead Lake
Dead (56-383), Natural Environment (NE)
38045 White Haven Rd., Dent MN 56528
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
We are requesting a variance to raise the roof line height so we can meet building code height on 7 non-
conforming cabins (attachments on file at Land & Resource Management).
Amy Busko
Board of Adjustment Secretary
March 26, 2020
(^) ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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RCB310M1 RECAP Collection System
R 14000090075001
Inquiry - General Summary (A)
R •i—I I—n
Calc thru: 3/11/2020 MP#: R 14000090075001
Total: EMV
486,500
Dist: 1402 TIE Dist:
Plat:
Sect
2021 Mod?
Deeded acres182312Taxpayer
SOLITARY PROPERTIES LLC
TMV
486,500 11.60
Twnshp Range Lot Block
Alternate 176835
JADE NIELSON PROPERTIES LLC
09 135 040
Subd:THAT PT GL 6 LYING WLY OF LN
DESC. IN BK 467 PG 299Escrow
NON-HSTD COMM SEAS REC RES
Prop Address
38045 WHITE HAVEN RD DENT MN
Original
56528-
Ad j /Chg Unpaid BalPaymentsT
Net Taxm
___ Special Asmt
Tot before P&I
^ Penalty
Interest
Fees
* *Totals
F2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys
A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=CAMA Y=CMP
RECAP Collection System
R 14000160128002'
Inquiry - General Summary (A)RCB310M1
R
Calc thru:3/11/2020 ,MP#: R 140000900750012021 Mod?
Taxpayer
SOLITARY PROPERTIES LLC
Total: EMV
202,600
Dist: 14 02 TIE-Dist:
Plat
Sect
Deeded acres182312TMV
202,600
Twhshp Range BlockLot
Alternate 176835
JADE NIELSON PROPERTIES LLC
16 135 040
Subd:PT GL 1 LYING W OF LINE
DESCRIBED IN BK 467 PG 299Escrow
I NON-HSTD COMM SEAS REC RES
Prop Address
Adj/ChgOriginal Unpaid BalTPayments
Net;Tax
^ Special Asmt.
Tot before P&I
Penalty
___ Interest
. Fees
* *Totals
F2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys
A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=7iDJ U=CAMA Y=CMP
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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 26*^ day of March, 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
Solitary Properties
302 University Dr.
Fargo ND 58201
Kimberlie Wells, Clerk
Dead Lake Township
PO Box 54
Richville MN 56576
Dead Lake Association
PO Box 127
Richville MN 56576
City Clerk (if located within 2 miles of a city) NA
(0 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Big McDonald:111
Devil 3ar Perham):
lonald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Little
^Big Pine:
PelicJan, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
Little^in
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13“^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
^ulie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:Also Notify - Don Quast
don@jadecompanies.comThomas (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: March 26, 2020
Extra
BOA Members
PC Member
Envelopes Q_______
TOTAL NOTICES TO PRINT____
m Added to Agenda B Map
Print out Findings of Fact Sheet
Newspapers____________________
6Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
1 MinutesBy:
Amy Busko
IL
l:\BOA\April BOA Mtg\Solitary Affidavit (383) 04-09-20.docx
Buffer Parcels
Parcel.No
14000080067004 John Kimple
Addr 2Addr 1 Gitv St ZipName 2Name 1
38267 White Haven Rd DentMN 56528 9515
38267 White Haven Rd DentMN 56528 951514000080067008 John E & Loranda L Kimpie
38267.White Haven-Rd DentMN 56528 951514000080072000 John Kimple
Fergus Falls MN 56537 732230453 Norgren Road14000090074003 Rustad Family 1st
Papilliorn NE 68046 381914000090075000 Jeffrey S 8i Lu Ann Kluch 1320 Scott Rd
Fargo ND 58102 433814000090075001 Jade Nielson Properties LLC 302 University Dr N
PapillionNE 68046 381914000160128000 Jeffrey S & Lu Ann Kluch 1320 Scott Rd
Kenosha Wl 53143 663414000160128001 Amy M Mathias & Becky Werve 8922 29th Ct
Fargo ND 58102 433814000160128002 Jade Nielson Properties LLC 302 University Dr N
DentMN 56528 951538267 White Haven Rd14000990282000 John Kimple
Wednesday, March 25. 2020 Page 1 of 1
IBiferlMM,
Address i Address 2 City, State, ZipName
Amy M Mathias & Becky Werve 8922 29th Ct Kenosha Wl 53143 6634
Jade Nielson Properties LLC 302 University Dr N Fargo ND 58102 4338
John Kirhple 38267 White Haven Rd Dent MN 56528 9515
Dent MN 56528 9515John E & Loranda L Kimple 38267 White Haven Rd
Papillion N.E 68046.3819 iJeffrey S & Lu Ann Kluch 1320 Scott Rd
Rustad Family 1st 30453 Norgren Road Fergus Falls MN 56537 7322
Wednesday, March 25, 2020 Page 1 of 1
■ 3— :■ •
J Rinke Noonan
attorneys at law
Direct Dial: 320-656-3518
Gleisticoi'^RinkeNoonan.comApril 8, 2020
Attn: Amy J. Busko
Board of Adjustment Secretary
Otter Tail County Land & Resource Management
Government Services Center
540 West Fir Avenue
Fergus Falls. MN 56537
SENT VIA EMAIL ONLY: ABusko@co.ottertail.mn.us
Notice of Objection to Solitary Properties’ Variance Request before the Otter Tail
County Board of Adjustment
Legal Description: Parcel No. - 14000090075001 & 14000160128002
Part of GL 6 & Part of GL 1
Sections 9 & 16, Township 135, Range 40
Township Name - Dead Lake
Lake Name/Numher/Class: Dead (56-383), Natural Environment (NE)
Property Address: 38045 White Haven Rd., Dent MN 56528
Hearing: April 9, 2020 @ 6:00 pm - Via Go-To-Meeting
Our File No. 17198-0004
Re:
Dear Otter Tail County Board of Adjustment Members:
Our office represents the Dead Lake Association, Inc. Please accept this letter as written notice
and objections of the Dead Lake Association as to Solitary Properties' application to the Otter
Tail County Board of Adjustment for a variance to raise the roof line height so it can supposedly
meet building code height on 7 nonconforming cabins (attachments noted to be on file at Land &
Resource Management) as per requirements of the Otter Tail County Shore land Management
Ordinance.
The Association objects to the lack of information in the request for variance application from
the applicant, and the Board should require the applicant to fully disclose the intended
construction on the site before the variance request should be considered at a public hearing
before the Board. From what little is in the application, it is understood that these structures are
within the 200-foot setback to the OHWL on Dead Lake, but there is no detail as to the actual
current setback of each structure. The map included in the packet appears to be from an earlier
filing to the County and does not provide information as to the current variance request. The
Suite 300 US Bank Plaza
1015 W. St. Germain St.
P.O. Box 1497
St. Cloud, MN 56302 320.251.6700
www.rinkenoonan.com
[3726152] Letter to Otter Tail County Board of Adjustement written
objection to Solitary Prop va
4/8/2020 11 22 AM
Otter Tail County
April 8, 2020
Page 2
application materials also do not provide the preconstruction dimensions of the structures, and
specifically does not provide the preconstruction roof dimensions. The application materials
seem to suggest the structures will be constructed with two different roof designs, as to which
design on which structures on the property cannot be determined, but as to at least the slanted
roof design, the roof appears to be constructed to the front of the structure toward the lake and
further beyond the footprint of the structure. This will increase the nonconformity of the
structure which is not allowed as addressed below. The application also claims the roof design
expansion and improvement is needed to comply to the “building code.” Although it is not
believed any such building code requiremerifexists, the application should state which building
code does so require. Without full detaij in the application materials the public cannot have a fair
opportunity to further consider the application prior to the already set hearing on April 9, 2020.
The Association also initially objects to the setting of this matter by remote public hearing at this
time; It is understood that because of the serious concerns related to COVD -19; there is
currently a need for;s'ocial distancing, however, the Board has the allowance under Minn. Stat.
Section 15.99 to continue the application for 60 days without consent or approval of the
applicant. The Executive Order issued by Governor Walz declaring a public health emergency
in Minnesota and current recomrhendations of the CDG and Minnesota Department of Health
would allow for a public hearing within 60 days. If the Governor’s Order is extended, or federal
and state recommendations change, the appropriateness of having a public hearing can be
consider at that time. There is nothing in the application presenting a basis for exigent
eircumstance requiring an immediate need for a public hearing. A remote public hearing is not
the same as a public hearing. An in person public hearing allows the public to directly interact
with the Board and present its concerns, objections or approval on an application. The
Association would object to a remote public hearing atfhis time, and ask the matter be continued
to allow an actual public hearing.
Without waiving any objections to the lack of information from the applicant and to a remote
public hearing, the Dead Lake Association submits this letter objecting to the Board granting a
variance to raise the roof line height so the applicant can supposedly meet building code height
bn 7 nonconforming cabins. As the Board is well aware. Dead Lake is classified as a Natural
Environment lake by both the Minnesota DNR and Ottertail County. A Natural Environment
Lake is the most environmentally sensitive classification of a lake in Minnesota. Dead Lake
needs special protections, which is why state law and the Otter Tail County Shoreland Ordinance
require, in addition to many other conditions, a minimum 200-foot construction setback from the
lake.
The variance requested by Solitary Properties is concerning structures within the setback from
the OHWL on Dead Lake. These structures are non-conforming because they were constructed
within the setback area, but prior to enactment of the limitations on setbacks under current state
law and the Otter Tail County Shoreland Ordinance of at least 200 feet from the OHWL. The
recreational cabins at issue here would not be allowed today as they do not confoiin to the
current County Shoreland Ordinance setback requirements. Such non-conforming uses are
eontrolled by Section IV, Paragraph 12 of the Otter tail County Shoreland Ordinance. Under
[17198-0004/3726152/1]■i
Otter Tail County
April 8, 2020
Page 3
Paragraph 12. C. “[a] prohibited non-conforming use may not be expanded or improved;” The
variance requested by Solitary Properties is seeking to both expand and improve the non-
conforming structures by expanding the height of the structures in violation of the Shoreland
Ordinance, and also the ground area covered by the structures because at the least the slanted
roof, planned for some of the structures will increase not just vertically but also horizontally, and
horizontally further toward the lake.
The variance application claims the expanded height is sought and allowed pursuant to Section
IV, Paragraph 12. D of the County Shoreland Ordinance which allows “[rjepair and\or
Replacement of an existing Non-Conforming building or structure is permitted only in
accordance with Minnesota Statute 394.36.” Minnesota Statute 394.36, Subd. 4 states that a
nonconformity “may be continued^ including through repair, replacement, restoration,
maintenance, or improvement^ but not including expansion.” (emphasis added.)
There is no basis to grant a variance to expand these non-conforming structures under the Otter
Tail County Shoreland Ordinance or state statute.
Notwithstanding there is no legal allowance to expand the structures, the stated purpose in the
applications,,tp “meet building code height” is incorrect. I have reviewed both the International
Residential Code as adopted by Minnesota and the Minnesota Building Code, and there is no
minimurh building height. There is no building code, applicable or otherwise, requiring these
structures to be built to the expanded heights. The expanded heights of these structure will
negatively change the nature of this property as it effects adjoining properties and all properties
on Dead Lake. There is no legal allowance to grant a variance to expand these non-conforming
structures under the Otter Tail County Shoreland Ordinance, state law, Minnesota Statute 394.36,
and no need or requirement pursuant to any building code.
It is further my intent, as well as members of the Dead Lake Association to participate in the
remote public hearing (via Go-To-Meeting) on April 9, 2020, at 6:00 p.m. to further discuss and
present the Dead Lake Association’s objections of this pending application for a variance.
In the meantime, should you have any questions or concerns, please contact the undersigned by
email or my office number 320-656-3518. Thank you.
Sincerely,
/s/Garv R. Leistico
Gary R. Leistico
GRL/dvf
Dead Lake Associationcc:
[17198-0004/3726152/1]
Amy Busko
Amy Busko
Thursday, April 2, 2020 10:00 AM
Gary Leistico
Darlene Finken
Variance
Solitary Properties Varirance.pdf
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Morning-
Attached is the Variance Application Request as we discussed.
If you need any further information, please contact me.
5m 0 '
tliui
rThanks and have a great day
Amy J. Busko
Land & Resource Management
Government Services Center
Otter Tail County
540 West Fir Ave
Fergus Falls, MN 56537
218'998'8096
5
OTTER TAIL
COUNTY • MINNESOTA
From: Gary Leistico <GLeistico@rinkenoonan.com>
Sent: Thursday, April 2, 2020 9:53 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Cc: Darlene Finken <DFinken@rinkenoonan.com>
Subject: RE: 17198-0004: Test
Thanks, gri
Gary R. Leistico
Attorney
RINKE NOONAN
Suite 300, US Bank Plaza
P.O. Box 1497
St. Cloud, MN 56302
(320) 656-3518 Direct
(320) 656-3500 Fax
website I email | bip | map
1
■Rinke Noonan
artcnteyj at latv
For prompt assistance, please contact my paralegal,
Darlene Finken at (320) 656-3550 or dfinken@rinkenoonan;Com
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From: Amy Busko <ABusko@co.ottertail.mn.us>
Sent: Thursday, April 2, 2020 9:52 AM
To: Gary Leistico <GLeistico(5)rinkenoonan.com>
Subject: Test
Amy J. Busko ,
Land & Resource Management
Government Services Center
Otter Tad County
540 West Fir Ave
Fer^s FaUs,MN 56537
218i998-'8096
OTTERTAILCOUNTY-MINNESOTA
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