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HomeMy WebLinkAbout14000160132002_Variances_07-09-20201242259 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 08/11/2020 11:06 AM FEE; 46.00 PAGES 7 WELL CERTIFICATE REC'D; N i.r SCANNEDL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE9jCOUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 WWW.CO.otter !jtl mn us9mRT!lll Application Fee Qc? Receipt Number I Accepted by €/(<S/2-0Date Property Owner Name OrrVE-Address City Wnstate r^5005‘Zip (£12)Daytime Phone broA e IcCt b W ^ (v\cx^ \ * Cx3 iv>Emaii Parcel Information Lake ClassLake NameLake No moc^t ^ovh'2j:x^'2-Parcel Number(s) Parcel Number(s) Section |U<x.y.e, Pf-CiLf3 h\ Township Name Legal Description 3^52! ^ KrctVv'i IW, A\/ll St'ErTAPhysical Address iTYPE OF VARIANCE REQUESTED (Pleasg Check) □ □ Structure Setback 0 □Structure Size Sewage System Subdivision □ □□Cluster WECS Miscellaneous VareionOala: OSI04/2020 1 ^ f t SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAL COUNTY ORDINANCE(S) FROM WHICH THE VAIANCE REQIEST IS FOR.^LEASE BE BRIEF^ THIS VyiLL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: |i I SECTION OF ORDINANCE: H tX——A y "fe Viu'i <x. r\i^uj I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHOREtAND MANAGEMENT ORDINANCES/SUBDJVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WEC5 ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION, DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION. OR UNTIL DECEMBER 31,2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPUCATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. APPLICATIONS ACCEPTED BY EMAIL ONLY DURING THE COVID-19 PUBUC HEALTH EMERGENCY DECLARATION. EMAIL ALL REQUIRED DOCUMENTATION USTED ON THE APPLICATION CHECKUSTTO BOA@CO.OTTER! AIL.MN.US PERMIT FEES MUST BE MAILED IN AND RECEIVED BY NOON ON THE DEADUNE DATE. PLEASE NOTE ON THE CHECK WHAT APPUCATION THE CHECK IS FOR. DATESIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time '1- 00 Dnn Bradley & Sarah Heckenlaible - Variance Request Denied (8:05 p.m.) Aftfer consideration and discussion, Thomas Lee made a motion, seconded by Darren Newville and carried by roll call vote to deny the variance application as requested. The Board indicated that this is a large lot and the applicant can have ^ reaeonable use of the property by not granting a variance to the lotline. This decision is also based on the Findings of Facfand 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. /hyu/j Cha/rman/Otter Tail County Board of Adjustment 'JTL^ nuj.K Permit(s) required from Land & Resource Management VYesNo Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Dat( Varsion Date: 05/04/2020 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflil eoatii ■iiaiioia 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:Bradley & Sarah Heckenlaible Address/Parcel No. 36521 370'^ St. / 14000160132002 Requested Variance: I am requesting a 2' setback for my east property line instead of 10' to build a new 28' x 40' detached garage. Otter Tail County Ordinance: X Shoreland Mgmt. n Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use ' Setback Ord. Ordinance Section Citation: Ml. 4. A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Currently have a 32' x 40' cabin that was built and now want to build a detached garaRe. The garage would mimic the 40' dimension from the cabin and meet the same setback. When the land was purchased there was a property line that had to be skewed at angle because of an existing buildine of the neighbors and that line was supposed to be skewed once they got to the end of the lot. It did not eet done correctly and they lost some land in the area where they are wantinR to place the detached earaee because of where the lot line was identified by the surveyor. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). □ Yes, the variance is in harmony with the general purposes and intent of the official control... X No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The request is too close to the lotline. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). □ Yes, the property owner is proposing to use the property in a reasonable manner... X No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The lot is a large lot and setbacks can be met. 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: 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, simiiar 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 invoive more than just economic considerations? (The board shail 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: XThe 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: July 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. No delinquent taxes and transfer entered; Certificate of Real Estate Value ( \/) filed (1208951) not required. Cert, of Real Estate Value No.CD :O5 0O CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 07/16/2018 03:21 PM FEE: 46.00 PAGES 3 WELL CERtiFICATE REC'D: N COuno ■,s (Year) Wayne Stein, County Auditor/TreasurerCO ..X 'CO PT I'i OOO 00^ Deputy IH OOO II^ en 3X, ooi^ by. (Top 3 Inches Reserved for Recording f)ata) Minnesota Uniform Conveyancing Blanks __________________Form 10/4.1 (2016) TRUSTEE’S DEED by Individual Trustee eCRV Number: _______ DEED TAX DUE: $ 775.50 FOR VALUABLE CONSIDERATION, Richard M. Palubicki________________ as Trustee of the Richard M. Palubicki Revocable Trust dated January 7, 2014 D Total consideration is less than $500.00 Date: 07/05/18_____________ , Grantor, hereby conveys and quit claims to Bradley W, Heckenlaible and Sarah C. Heckenlaible Grantee, as n tenants in common, (if more than one grantee & named above and either no box is checked or t>oth boxes are El joint tenants(Check only one box.)checked, this conveyance is made to the Grantees as tenants in common.) real property in Otter Tail County, Minnesota, legally described as follows: COUNTY OF OTTER TAIL STATE OF MINKBSOTA DBBD TAX NUUBBR ‘ DATE ;I See Exhibit A attached hereto and incorporated herein by reference Check here if all or part of the described real property is Registered (Torrens) O together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Page 1 of 2 ! ■ Otter Tail County, Minnesota 1208951 1 of3 Page 2 of 2 TRUSTEE’S DEED Form 10.4.1 Check box if applicable: (El The Seller certifies that the Seller does not know of any wells on the described real property. D A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [ ].) D I am familiar with the property described in 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. The Richard M. Palubicki Revcxable Trust dated January 7, 2014 BY:! Richard M. Palubicki, Trustee ! STATE OF MINNESOTA COUNTY OF OTTER TAIL ■I This instrument was acknowledged before me on this 5th day of July, 2018 by Richard M. Palubicki_____________________________________________ as Trustee of the Richard M. Palubicki Revocable Trust dated January 7, 2014 (Stamp) / (Signature of Notarial ofnSbr)7IRACHEL JOY HOFFMANN NOTARY PUBLIC-MINNESOTA My ComtnissiOf! Expires JAN. 31, 2022 I Title (and Rank):if My commission expires:(mdnth/day/year) THIS INSTRUMENT WAS DRAFTED BY: All American Title Co., Inc. 650 3rd Avenue Southeast, Suite 4 Perham, MN 56573 (218)346-7400 File No: 061872767 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Bradley W. Heckenlaible and Sarah C. Heckenlaible 23124 Gopher Drive NE East Bethel, MN 55005 Otter Tail County, Minnesota 1208951 2 of 3 All that part of Government Lot 5, Section 16, Township 135, Range 40, Otter Tail County, Minnesota, described as follows: Beginning at the southwest corner of said Government Lot 5; thence on an assumed bearing of East along the south line of said Section 16, a distance of 128.04 feet; thence North 14 degrees 28 minutes 01 seconds East a distance of 475.95 feet; thence North 2 degrees 37 minutes 23 seconds West a distance of 425.24 feet; thence North 7 degrees 16 minutes 27 seconds East a distance of 125 feet more or less to the shoreline of Dead Lake; thence westerly along said shoreline to the west line of said Government Lot 5; thence South 0 degrees 22 minutes 50 seconds East along said west line of Government Lot 5, a distance of 1016 feet more or less to the point of beginning. INGRESS AND EGRESS EASEMENTS A 33 foot wide ingress and egress easement over and across Government Lot 5, Section 16, Township 135, Range 40, Otter Tail County, Minnesota, being 16.50 feet on each side of the following described centerline: Commencing at the southwest corner of said Government Lot 5; thence on an assumed bearing of East along the south line of said Section 16, a distance of 128.04 feet; thence North 14 degrees 28 minutes 01 seconds East a distance of 475.95 feet to a point to be hereinafter referred to as Point "A"; thence North 2 degrees 37 minutes 23 seconds West a distance of 30.69 feet to the point of beginning of the centerline to be described; thence South 22 degrees 05 minutes 31 seconds West a distance of 28.89 feet; thence South 39 degrees 18 minutes 48 seconds West a distance of 144.03 feet; thence southerly on a tangential curve, concave to the east, having a radius of 210.00 feet and a delta angle of 41 degrees 44 minutes 27 seconds, for an arc distance of 152.99 feet to a point of reverse curvature; thence southerly on a tangential curve, concave to the west, having a radius of 168.00 feet and a delta angle of 30 degrees 53 minutes 47 seconds, for an arc distance of 90.59 feet; thence South 28 degrees 28 minutes 08 seconds West a distance of 56.54 feet; thence southerly on a tangential curve, concave to the east, having a radius of 110.00 feet and a delta angle of 28 degrees 28 minutes 08 seconds, for an arc distance of 54.66 feet; thence on a bearing of South a distance of 22.03 feet to the south line of said Section 16 and there terminating. The sidelines of said easement shall terminate on a line which bears North 2 degrees 37 minutes 23 seconds West and South 14 degrees 28 minutes 01 seconds West from said Point "A" and on the northerly right-of-way line of 370th Street. AND A 33 foot wide ingress and egress easement over and across Government Lot 5; Section 16, Township 135, Range 40, Otter Tail County, Minnesota, being 16.50 feet on each side of the following described centerline: Commencing at the southwest corner of said Government Lot 5; thence on an assumed bearing of East along the south line of said Section 16, a distance of 128.04 feet; thence North 14 degrees 28 minutes 01 seconds East a distance of 475.95 feet to a point to be hereinafter referred to as Point "A"; thence North 2 degrees 37 minutes 23 seconds West a distance of 30.69 feet; thence South 22 degrees 05 minutes 31 seconds West a distance of 28.89 feet; thence South 39 degrees 18 minutes 48 seconds West a distance of 123.91 feet to the point of beginning of the centerline to be described; thence South 67 degrees 10 minutes 52 seconds East a distance of 65.61 feet to the intersection with a line which bears South 14 degrees 28 minutes 01 seconds West from said Point "A" and there terminating. The sidelines of said easement shall terminate on a line which bears South 14 degrees 28 minutes 01 seconds West from said Point "A". (061872767.PFD/061872767/17) Otter Tail County, Minnesota 1208951 3 of 3 Bradley & Sarah Heckenlaible - Variance Request Denied (8:05 p.m.) Bradley & Sarah Heckenlaible, Pt of GL 5 BG SW Cor GL 5, Dead Lake (56-383), Dead Lake Township request the following: I am requesting a 2’ setback for my east property line instead of 10' to build a new 28’ x 40’ detached garage. Bradley & Sarah Heckenlaible, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. An email was received which was forwarded to the board for their review. After consideration and discussion, Thomas Lee made a motion, seconded by Darren Newville and carried by roll call vote to deny the variance application as requested. The Board indicated that this is a large lot and the applicant can have reasonable use of the property by not granting a variance to the lotline. 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. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newwille X Douglas Larson Michael Donoho X X Terry Marthaler Bruce Stone - PC Member X X Estate of Barbara Kiefer, Katherine Kiefer Personal Representative - Variance Request Approved (8:19 p.m.) Estate of Barbara Kiefer, Katherine Kiefer Personal Representative, Pt of GL 1 Com at Pt where NW R/W CSAR #8 Intersects W Ln GL 1, Little Pine Lake (56-142), Perham Township request the following; Upon survey of the property earlier this year, it became apparent that the existing garage (shop) completed in 1992 encroaches into the westerly side setback from 0’ to 7.2’ along the length of 24’ of the garage. The structure has a 4’ concrete foundation, concrete slab floor, insulated, heated, with pow er. The property' is within compliance of all other aspects for the named Zoning & Land Use. Location of the garage precludes a re-plat of the land to allow for creation of Parcel B. Subdivide compliant parcels without platting. Katherine Kiefer, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. A letter was received which was forwarded to the board for their review. After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and carried by roll call vote to approve the variance request to allow the existing garage remain in its current location being 0’ to 7.2’ from the lotline and approve the creation of 2 Parcels (Parcel A = 55,001 sq. ft. & Parcel B = 40,000 sq. ft.) without platting. 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. Roll call vote as follows: Board of Ad justment YEA ABSENT ABSTAINNAY XThomas Lee Darren Newville X Douglas Larson Michael Donoho X X XTerry Marthaler Bruce Stone - PC Member X Board of Adjustment July 9,2020 Page I 7 STAFF REPORT APPLICANT:Bradley & Sarah Heckenlaible I am requesting a 2' setback for the East property line instead of 10', to build a new 28' x 40' detached garage. APPLICATION: 36521 370"' ST, Richville MN 56576LOCATION: LAKE NAME/NUMBER/CLASS: Dead, 56-383, NE STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County WebsHe Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION lll,Subp. 4, A LAKES RIVERS SETBACKS (Ft) Elevation Above OHWL GD U&TRD NE Ae Trans Vertical Separation*33 3 3 3 3 Setback From OHVi/L D\wellings / Non-Dwellings 100 100 15075100200 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence 10 10 10 101010 50 50Commercial PUD 50 50 50 50 Residential PUD 50 50 50 505050 40 65 90 40 65 115WOAS Top of Bluff 30 30 30 303030 Road Rieht-of-Wav (Public / Private) All Structures 20 20 20 20 20 20 Septic Tanks All Structures 10 10 10 10 10 10 Soil Treatment Area Dwelling Non-Dwelling Maximum Structure Height 20 2020 20 20 20 10 10 1010 10 10 Dwelling Non-Dwelling *** 35 35 35 35 35 35 20 20 20 20 20 20 WOAS 10 10 10 10 10 10 Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. 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: Bradley & Sarah Heckenlaible 23124 Gopher Dr. NE East Bethel MN 55005 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, July 9, 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: Legal Description:Parcel No.-14000160132002 Pt GL 5 BG SW Cor GL 5 Section 16, Township 135, Range 40 Township Name - Dead Lake Dead (56-383), Natural Environment (NE) 36521 370*^ St., Richville MN 56576 Lake Name/Number/Class: Property Address: The variance requested is the following: I am requesting a T setback for my east property line instead of 10' to build a new 28' x 40' detached garage. June 25, 2020 Aiiiy Busko Board of Adjustment Secretary (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 -----aca22WE tout—t wmm "•%7v// rfl/.7*»3<3/,7» 3^A\c- ■^^rs'fk /<1(A I 7If/ 7 I I230^' n," C^Novrs / 7 / / ; P• I T<-ArfN r? 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INC.flu JAK m «i-i»COMMIMm ONI yytoSMB 74)1 Ota TItoMM4 LAW>l07UB0iMlMWBIUB»»V0<toCBO n] loum MBi fliRT. WBCuf 74U1. tm m m ~ am - m » • IM • 40 3S63PAA ~\V«><e <:-\^vv^tis o^ooT^ux^ 1“Vx^ sor <;'tVv> (v^*^ 4D^^t^\ uuroncx !^r\ * rVC <-'^n»I \ Otter Tail County, Minnesota Accuracy is not guaranteed. NOT to be construed or used as a legal description. Copyright 2014 Otter Tail County. MN Accuracy is NOT guaranteed. For REFERE|N|C£^purpoaos only THICi <&>K>TAtEQALOOCUM6NT:TueAug 120iT^4;iflTtaPJS!l 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 consider the 'is vrx HO bcxcK e>:Her\or CaWitN a^OSs. "t S W \y. V r a I i P ro Lj / imnner not permitted by the official control? (The purposes and intent of the official control). V •rr^rrv nMfN\h^urY\ 20^ iqlU.6? ^dcV :V\ \ CoV.'Or\ 2. Is the pro^rty owner proposing to use the property in a reasonable board shallcpnsider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). S- 'to p\X y, K cv. -^HduC C'OfifVT -tct \>^c^\xovfr I r^-rf orx'V\v-'x-'S r, QO'V',S O V? 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 lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, fioodway, 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?)'TVe. \.5\ V.CvC. U-.Q t -QS't <■ :\ :J -Shof^ \ '0^5 \ 3 !T't , 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. h. .x-n f v, . r'- + 'Tr ' v\v r'C3r->1^:3 what are nearshore conditions of neighbors, similar sized or number of structures adjacent or jn area, etc.) \e-j5, n^v'ir. ^3 -VV ^ LI. A fA, reA'Jc^ "Gr 5^s ;•/ \j \ ^ V \\ \ I V;/■“'V i-- rvvjre 't or. 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 '1'"more does not constitute a practical difficulty). yj> S ')<3 0. po^Vex AWvjtx out \rv ox\5ecutee ‘ \\ xX' " 1 -t ^■ I k6kif\ 15Feb2019 CWL - 2^3 2x3 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 owriers in the same area. c^Jv^ ^ re c V "Ckn oA u* \ ^ nn. e\'^V o ^ ^? 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved.o\2onVI > 3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or to property values in the neighborhood.\ JC vll ! -5 ! r -X, k ( /(iaX Aoe'S 'Pi-rri" K r ) OA 4. No variance will be granted simply because there are no objections or because those who do not object outnumber those who do. 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 SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone oniy. List & Identify aii existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Land located between the OHWL of public water and a line paraiiel to It at a setback of 50% of the structure setback (see Section III.4 ), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Def # 76. Shore Impact Zone (SIZt: Existing FP Proposed Ft^ oBuilding(s) MDeck(s) Patio(s) Sidewalk(s) Landing(s)r j Driveway(s)r5 aParking Area(s) o oRetaining Wall(s) Landscaping (Plastic Barrier)a oMiscellaneousC-J oTOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft2 Ft2 Ft2 Maximum Allowable 260 Ft* I f'oO+ss LR Oniina Permitting Forms 2016: Impervious Surface Calculation SIZ 04<11-2016 Signature:.Date: IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft*): Other Impervious SurfaceBuildings Proposed Existing ProposedExisting Ft*Ft*Ft*Ft* o ZIDeck(s)Dwelling OQ nPatio(s)Attached Garage l\2-6 9 ^ CjSidewalk(s)Detached Garage 3Landing(s)Storage Shed .;3>ODriveway(s)WOAS 5 5Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier)27^a.Miscellaneous I':.-^2 TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Total Lot Area Impervious Surface Ratio ProposedExisting Ft* Ft*Ft*Ft*Total Buildings 471‘tl67 \ i c3oJ3I(23\22:I 100t++X= Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio TotalProposedExistingTotal Buildings + Other Impervious Surface Ft*Ft*Ft*Ft* .imi ,7. ?z1100X+s LR: Online PemilttinQ Fornis 2016; Imjiefviou* Surface Calculalion Woiiieheet 04-11-2016 Dat. ^//A/2020Signature: OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25**^ day of June, 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 Bradley & Sarah Heckenlaible 23124 Gopher Dr. NE East Bethel MN 55005 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 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Ne^Perham): Little Little Pi Pelic South Turtle Lake: 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 n Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 ns (Ne^Kernam): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573riHc^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 ' Lakes Imp. Dist., PO Box 405, Perham, MN 56573Fis^Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 HI Big Pine: 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: Bruce Stone, 45302 Plentywood Rd, Perham MN 56573 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: June 25, 2020 Extra BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT____18 Added to Agenda ED Map ^ Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus 6Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy:5Amy Busko l:\BOA\July BOA\Heckenlaible, Bradley Affidavit (56-383) 07 Amy Busko Emma Barry Monday, July 6, 2020 8:07 AM Amy Busko FW: Variance Response For 36521 370th St. Richville Dead Lake From: Sent: To: Subject: Here ya go © Emma Barry Administrative Assistant Land and Resource Management 540 W. Fir Avenue Fergus Falls, MN 56537 Direct 218-998-8107 ( Office 218-998-8095 ottertailcountymn.us c ----Original Message----- From: Bill D. <happybilll@me.com> Sent: Friday, July 03, 2020 2:40 PM 'i To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Variance Response For 36521 370th St. Richville Dead Lake Bill Donaldson 36413 370th St. Richville, MN 56576 (520) 241-2400 7-3-2020 Regarding Variance Request at 36521 370th St. Richville on Dead Lake Parcel # 14000160132002 Hi. As a close neighbor on Dead Lake, I am responding to this variance request. The Heckenlaible's are very nice people. With that said, I am against this type of request in that I believe the 10 foot setback should be enforced as this seems too close already. This is an environmental status lake with generous lot minimums. Thank You. Sincerely, Bill Donaldson 1