HomeMy WebLinkAbout14000160132003_Variances_08-13-2020r
1243642Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
09/02/2020 09:09 AM
FEE: 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
f-4 f.-:.
r-£r-
■rt
r-o —4.^
-.-I "1A*L'j
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.usOTTERTAIt
Application Fee ,*7<0O
Receipt Number Zd20 ^
Accepted by Date ~l’Z\-nJD
Property Owner
Name Casey Melgard
Address 36681 370th St
City Richville
State MN
Zip 56576
Daytime
Phone 218-205-0258
Email casey@stevessanitation.com
Parcel Information
Lake Class EnvironmenLake NameLake No 383 Dead Lake
14000160132003Parcel Number(s)
Parcel Number(s)
i16Dead Lake SectionTownship Name
Legal Description 6.10 AC
PT GL 5 COM SW COR GL 5, E 550' TO PT BG, E 424.40', N 53.37', N 43 DEG W
329.20', N 883'TO LK, WLY ALG LK TO INTSEC LN BEARS N FR BG, S 1094'TO
BG
36681 370th St, Richville, MN 56576Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
□□c □Structure
Setback SubdivisionStructure Size Sewage System
IZI□□MiscellaneousClusterWECS 3
Version Date: 05/04/2020
1
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. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: _Sh0V^-^l () I
SECTION OF ORDINANCE:
m |>U . ' .l4e'jV^ V-'t
k2=0
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.
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 APPLICATION.
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 PUBLIC HEALTH EMERGENCY DECLARATION. EMAIL ALL REQUIRED
DOCUMENTATION LISTED ON THE APPLICATION CHECKLIST TO BOAlSCO.OTTERTAlL.MN.US PERMIT FEES MUST BE MAILED IN AND RECEIVED BY
NOON ON THE DEADLINE DATE. PLEASE NOTE ON THE CHECK WHAT APPLICATION THE CHECK IS FOR.
________________5J6IMATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
I3{ -7oZODate of Hearing Time
Motion
Casey Melgard - Variance Request Approved with a Condition (6:36 p.m.)
After consideration and discussion, Michael Donoho made a motion, seconded by Terry Marthaler and carried by roll call
vote, with Darren Newville voting no, to approve the variance application to construct a 44’ x 64’ storage structure being
^ feetin height with the condition that the structure needs to be 14 feet from the inspection pipe of the mound
(Recommendation by Chris LeClair’s, Land & Resource Director). 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
dfficial part of the minutes which have been placed on file with the Land & Resource Management Department.as an
Su^Iio 0^0 TKiWuo /ja.
Chairman/Otter Tail County Board of Adjustment
7:Permit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land & Resource Management
/W|Copy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
Version 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 TRIleoaaTTBiaaiioTa
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:Casey Melgard
Address/Parcel No. 36681 370''^ St. / 14000160132003
Requested Variance: Proposing to construct a 44' x 64' storage structure being 26' in height. The structure will be within
400' from the lake. Fleight requirement is 20'.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS LI Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: III. 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: The proposed area where he wants to place this structure is on a parking
area and if he would comply with the 400' setback to build the structure over 20' in height he will have to remove 55+ trees with
topographical alterations with bringing in a bunch of fill. With the proposed location you will not be able to see the building from the
lake and will not obstruct anyone's view. Storage of the camper.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the officiai 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:
The Land Use Ordinance allows property owners to develop and improve their 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 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:
There are similar structures and land uses in the neighborhood with similar setbacks as noted during the onsite viewing.
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 topography of the land restricts the suitable area for use being considered.
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:
There are similar structures in the neighborhood with similar setbacks.
S. 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:
The topography of the land.
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: August 13,2020
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.
1185277
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
12/30/2016 1:44 PM
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
) filed ( ) not required.Cert. ofReal Estate Value No^^2£3/^_
vZ)^ 0 6l0lCs>
;cvi
FEE: 96.00
PAGES 2
WELL CERTIFICATE REC'D: YWayne Stein, County Auditor/Treasurer■GO
by
000 \(g O 003 Deputy
Ci>0?,Z-\3
WARRANTY DEED
lndividual(s) to Joint Tenants
Form No. 5-M
(Top 3 Inches Eteserved for Recording Data)
Minnesota Uniform
Conveyancing Blanks (6/17/97)
DEED TAX DUE: $ 990.00Date:
FOR VALUABLE CONSIDERATION,
n Total consideration is less than10/13/16
Bradley Hlltz and Lisa Hlltz. married to each other
, Grantor,
hereby conveys and warrants to Casev Meloard and Sarah Melaard
, Grantees,
Otter Tallas joint tenants, real property in County, Minnesota, described as follows:
SEE ATTACHED EXHIBIT A COUHTY OF OTTERTAH..
STATE OF MOmESOTA DEBDTAira 990.00
DATE no /-H-io-/ L
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Check box if ^>plicable:
I I The Seller certifies that the Seller does not know of any wells on the described real property.
A well disclosure certificate accompanies this document.
bI I am familiar with the property described in this instrument and 1 certify that
on the described retd property have not changed since the last previously fUdi
number tn wellsIcati
Bradl
Affix Deed Tax Stamp Here LisaHiite
^ ssSTATE OF MINNESOTA
COUNTY OF OTTER TAIL
This instrument was acknowledged before me October 13. 2016 (Date)
by Bradley Hlltz and Lisa Hlltz. married to each othar. Grantors
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
ANGELA DAWN GUAM
notary public - MINNESOTA
CofT>miss>on Eipires 1/31/2020
SlGl OF NOTARY PUBLIC OR OTHER OFRCIAL
□Check hve if aj part of the land is Registered (Torrens)
THIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS);Tax statements for the real property described in this instrument should
be sent to (include name and address of Grantee):All American Title Co., Inc.
6S0 3rd Avenue Southeast, Suite 4
Perham, MN 56573
(218)346-7400
Casey Melgard and Sarah Melgard
26681 370th Street
Richville, MN 56576091662329File
Otter Tail County, Minnesota 1185277 1 of 2
All that part of Government Lot Five (5), Section Sixteen (16), Township One Hundred Thirty-five (135), Range
Forty (40), Otter Tail County, Minnesota, described as follows: 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 550.00 feet to the point of beginning of the land to be described; thence continuing East along said south
line of Section 16 a distance of 424.40 feet; thence North 0 degrees 22 minutes 50 seconds West a distance
of 53.37 feet; thence North 43 degrees 21 minutes 01 seconds West a distance of 329.20 feet; thence North 0
degrees 22 minutes 50 seconds West a distance of 883 feet more or less to the shoreline of Dead Lake;
thence westerly along said shoreline to the intersection with a line which bears North 0 degrees 22 minutes 50
seconds West from the point of beginning; thence South 0 degrees 22 minutes 50 seconds East a distance of
1094 feet more or less to the point of beginning. Subject to the Township Road over the south 33.00 feet
thereof.
(091662329.PFD/091662329/22)
Otter Tail County, Minnesota 1185277 2 of 2
Keith Millette Cont.
Keith Millette, 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. Terry Marthaler made a motion seconded by Thomas Lee and carried by roll call vote to approve
the variance request as requested to be 7 feet from the road right of way with the condition that the lot line setback of 10 feet w ill need
to be complied w ith. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed and
the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the
Land & Resource Management Department.
Roll call vote as follow s:
Board of Ad justment ABSENT ABSTAINNAYYEA
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerrs Marthaler
Brent Frazier - PC Member X
Lawrence Davis Sr. - Variance Approved as Requested (6:38 p.m.)
Lawrence Davis Sr., Lot 1 - Sunset Beach 2"‘‘ Addn Lizzie & Pt GL 4, Lizzie Lake (56-760) in Dunn Requesting a setback of 3 feet
from an occupied dw elling (a variance of 7 feet), and a setback of 3 feet from an unoccupied structure (a variance of 7 feet), and a
setback of 3 feet (a variance of 7 feet) from a property line, in order to place a 1500 gallon sealed holding tank.
Wayne Johnson, Contractor (Super Septic), represented the variance application via GoToMeeting. The audience was polled with no
one speaking for or against the variance application.
After consideration and discussion, Darren New ville made a motion, seconded by Brent Frazier and carried by roll call vote to
approve the variance request to install a holding tank being 3 feet from an occupied dwelling, 3 feet from an un-occupied building and
3 feet from the property line. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria
review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on
file w ith 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 ABSTAINABSENTYEANAY
XThomas Lee
XDarren NewA ille
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC' Member X
Casey Melgard - Variance Request Approved with a Condition (6:36 p.m.)
Casey Melgard, Pt of GL 5 Com SW Cor of GL 5, Dead Lake (56-383) in Dead Lake Township requested the following: Proposing to
construct a 44’ x 64’ storage structure being 26’ in height. The structure will be within 400’ from the lake. Height requirement is 20’.
Casey Melgard, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking
for or against the variance application.
Board of Adjustment
August 13, 2020
Page I 3
Casey Mcfgard Cont.
After consideration and discussion, Michael Donoho made a motion, seconded by Terry Marthaler and carried by roll call vote, with
Darren Newville voting no, to approve the variance application to construct a 44’ x 64’ storage structure being 26 feet in height with
the condition that the structure needs to be 14 feet from the Inspection pipe of the mound (Recommendation by Chris LeClair’s, Land
& Resource Director). 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 w hich have been placed on file w ith the
Land & Resource Management Department.
Roll call vote as follow s:
Board of Ad justment ABSENT ABSTAINYEANAY
XThomas Lee
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Brent Frazier-PC Member
X
X
Craig & Millie Thomson - Variance Request Approved as Requested (6:47 p.m.)
Craig & Millie Thomson, Pt GL (.38 Acres), Otter Tail Lake (56-242), Everts Township request the following; Requesting to build a
17’ X 14’ deck which will be 12 foot in on existing 75 foot setback. Deck will be less than 36 inches above ground level but including
railing it w ill exceed 36 inches, deck to be 63 feet from lake.
Craig Thomson, property owners represented the variance application via GoToMeeting. The audience was polled w ith no one
speaking for or against the variance application.
After consideration and discussion, Douglas Larson made a motion, seconded by Darren New ville and carried by roll call vote to
approve the variance to build a 17’ x 14’ deck patio 63 feet from the lake. 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 w hich have been placed on file w ith the Land & Resource Management Department.
Roll call vote as follows:
Board of Ad justment ABSTAINYEANAYABSENT
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Brent Frazier - PC Member X
Ottertail Beach Club, Inc., Stacy Rindy, President - Variance Approved as Requested (7:00 p.m.)
Ottertail Beach Club, Inc., Stacy Rindy, President, 2.5 Acres located in GLs 3 & 5. Otter Tail Lake (56-242), Amor Township request
the follow ing: We would like to replace the existing cabin, patio and storage building having a combined 849 square feet of
impervious surface with a cabin having a total impervious surface of 732 square feet. To better utilize the limited green space, we
proposed to increase the height of the cabin from 14 feet to 20 feet allow ing for a loft and storage in the upper level, w ith the roof
sloping from front to back to allow all water to shed back onto the lot. To bring the cabin into compliance w ith Shore Impact Zone
allowances, patio w ill be eliminated and cabin location will also be moved away from adjoining lot line and lake as far as possible,
while maintaining the present setback for resorts'PUD’s of 10 feet from other structures and trailers.
Ottertail Beach Club, Inc., Stacy Rindy, President, represented the variance application via GoToMeeting. The audience was polled
w ith no one speaking for or against the variance application.
Board of Adjustment
August 13, 2020
Page I 4
STAFF REPORT
Casey MelgardAPPLICANT:
Proposing to construct a 44' x 64' storage structure being 26' in height. The structure
will be within 400' from the lake. Height requirement is 20'.
APPLICATION:
36681 370"' ST, Richville MN 56576, 14000160132003LOCATION:
LAKE NAME/NUMBER/CLASS: Dead Lake, 56-383, NE
STAFF WHO COMPLETED REPORT: Chris LeClair
|1#^016 0
: t' . . #
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1. If approved, would suggest making sure that accessory structure is a minimum of 14 feet from the
inspection pipe of the mound, so the structure is not on top of the endslope berming of the mound.
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
LAKES RIVERS
SETBACKS (Ft)U&TGDRDNE Ae Trans
Elevation Above OHWL
Vertical Separation*
Setback From
3 3 3 3 3 3
OHWL
Dwellings / Non-Dwellings
WOAS
100 200 100 100 15075
20 20 20 20 20 20
Lotline**
Single Family Residence
Commercial PUD
10 10 10 10 10 10
50 5050 50 50 50
Residential PUD 50 50 50 50 50 50
40 65 90 40 65 115WOAS
Top of Bluff 30 30 30 3030 30
Road Rieht-of-Wav (Public / Private)
All Structures 20 20 20 202020
Septic Tanks
All Structures 10 10 10 10 10 10
Soil Treatment Area
Dwelling 20 20 20 20 20 20
Non-Dwelling
Maximum Structure Height
10 10 1010 10 10
Dwelling
Non-Dwelling ***
35 35 353535 35
20 20 20 20 20 20
10 10 10 10WOAS10 10
Staff Comments: Based on a review of the application and a site review, Staff offers the following comments:
1. Site visit on August 3, 2020. Proposed accessory structure encroaches the endslope berming of the
mound that was installed in 2017.
2. Mound system design shows an end slope of 14 feet. The proposed location of the accessory structure is
over the endslope berming of the mound.
/,,:s
0 /V
V),ilf t>pL
/
i i
■5»
}tf^
////V/
' %■
/
/
Site plan for mound at 36681 370"^ ST
(_
7. MOUND DIMENSIONS
Upstope (4.D)9,7 N
\/
j
fDispersal Bed: (2.B x 2.C)Endslope (4.L)Endslope (4.L)TJV,c'«!|4.4oom 14.'<^5 38.0 cTOCO Ijy
uXI ItzZ1
M I18 9
%\Downslope (4J)««mI
.2
66.8Total Mound Length f4.N)
—4" inspection pipe
Mound design for 36681 370"' ST
-*s*.-'^■!->.
•£«:
*•
1^3
li
m
-«*-’^- '■'■• ■' . . . . . .• ...
■?
J^gSSS-;,^..-
a- . -a- ... .-
liw,-
k'^-'’:. :^v;
;s.
-6^[3
.. V
j
■*fc-
r^>
i
^sm;
m 3^’
ifc ^Ir;,'*"
■/
'%’:7■f
, iu ‘-
‘■'^' ■; ;V
'r>'
^i'<
I
ii'.
W*-'»■'*
V.
it'
mm
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:
Casey Melgard
36681 370*'' St.
Richville MN 56576
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, August 13, 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 locai Fergus Palis
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possibie rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Parcel No. -14000160132003
Pt of GL 5 Com SW Cor of GL 5...
Section 16, Township 135, Range 40
Township Name - Dead Lake
Dead (56-383), Natural Environment (NE)
36681 370"' St., Richville MN 56576
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Proposing to construct a 44' x 64' storage structure being 26' in height. The structure will be within 400'
from the lake. Height requirement is 20'.
Amy liusko
Board of Adjustment Secretary
July 30, 2020
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
'■m
t
ce Permit App X ^ Land & Resource Permit App X ^ Otter Tail County X
)s://otcgis.maps.arcgis.com/apps/webappviewer/index.htn il?id = 3d83daccb80c440eb0ea26dca792^
Land & Resource Per... '! #/ Otter Tail County, MN ...)Iorer @ CONNECTExplorer™ -...OneDrive,1
it the County Website
Proposed 44 x 643 Parcel: 14000160132003Storage Structure
36681 370TH ST
ACRES: 6.09
OWNER: MELGARD,CASEY & SARAH
TOWNSHIP: 135
SECTION: 16
RANGE: 040
CAMA Detailed Results K
Property Taxes
kjleCRV Sales Data
**** Sales Data
Tapestry Land Records (What's this?)
Request E911 (internal use only)
'■^ADVANCED PROPERTY SEARCH V
Zoom to • • •
S ¥■L- mi-K i-,
. x--..A.;.,irutxnica3
SCALE DRAWING FORM
* Tax Parcel Number(s) IHQOO I C>0 _____
A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all
existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLS,
wells, wetlands, topographic features (i.e. bluffs), ani;l onsite Impervious surface calculations.
Signature^r>1Scale: 1 inch =Date
_-*
D
<?(Mo
House-
P*r IA
o■p
X
j'-\
V Vz> of
IMPERVIOUS SURFACE CALCULATION
List & identify ali existing & proposed onsite impervious surfaces on scaie drawing.
Lot Area (ft^):
Other Impervious SurfaceBuildings
ProposedExistingProposedExisting
Ft2Ft2Ft2Ft2
a CODeck(s)Dwelling
Patio(s)Attached Garage
Sidewalk(s)Detached Garage
^8 Landing(s)Storage Shed
i^oor>Driveway(s)WOAS
Parking Area(s)RCU
jnRetaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
S OO
Miscellaneous
a:SGl^\9>TOTAL OTHERTOTAL BUILDINGS /
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Total Lot AreaProposedExisting
Ft2 Ft^Ft2Ft2Total Buildings
O' 0178a.<aiu 100++X
Buildings ■*- Other
Impervious Surface
Percentage
Maximum Allowable 25%
Lot Area Impervious
Surface
Ratio
TotalExisting ProposedTotal
Buildings + Other
Impervious Surface
Ff2FfFf2Ff2
I4.,n S'3.073-0.100+X+
UR: Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016 Y 9-0 /DateSignature:
7/20/2020 20200719_200501.jpg
j ^,.r
r ■
https ://d rive .goog le .com/d rive/my-d rive
7/20/2020 20200719_200434.jpg
https://drive.google.com/drive/my-drive
20200719_200431.jpg7/20/2020
S*3f*
1/2https://drive.google.com/drive/my-drive
20200719_200537.jpg7/20/2020
1/1https://drive.google.com/drive/my-drive
7/20/2020 20200719_200607.jpg
‘V^-y
Ltd
V
•.’Zx
w
p(.: '^'-
I 4
■. . X
1 3■'?.
ttisI ir-ir/I II'-
i^‘i
....-,^........ ..-—— .irnniii^
,,_ ...... ,
.....
-\
.!•
....T ■'-'v
j?fs—.■
K.si
v^JHi i->SCr*3&ii.site
ia?
w
teu.:pla\V)
^fM^fi11:2»hi^l^ ■ttw/PSI i1.
{Si 1^
m-SrM'l •yj
as U,^^;
bM'
las:-:\m 1''
K M f§
i]
^i^va!
>■VV II
1/1https://drive.google.eom/d ri ve/my-d rive
7/20/2020 20200719_202353.jpg
I
f■
I
■f
5!
1/1https://drive.google.com/drive/my-drive
20200719_202422.jpg7/20/2020
> -
i
£
S»S:/£#'I,.
1.
V*J
1/1https://drive.google.com/drive/my-drive
7/20/2020 20200719_202437.jpg
r
tiZj
■L■Vi;,
gfil
mm M
1/1https://drive.google.com/drive/my-drive
I have no issue with Casey and Sarah Melgard building a 44'(W)X64'(L)X30'(H)
storage shed 320' back from the lake instead of the 400' setback.
vvill bo 1^ ODf^ 0 aV e. So1 AjV-5
/I
Richard Palubicki
Parcel No. 14000160132006
Date
3:jM 2-0
Tammy Myxter
Parcel No. 14000160132006
Date
07'T-
Dusty Froelich
Parcel No. 14000160132006
Date
■7.
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:
Craig & Millie Thomson
9365 Rock Springs Rd
Newcastle CA 95658
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, August 13, 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, piease iisten 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.- 25000040024005
Pt GL (.38 Acres)
Section 4, Township 133, Range 40
Township Name-Everts
Otter Tail (56-242), General Development (GD)
36559 Segar Lane, Battle Lake MN 56515
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Requesting to build a 17' x 14' deck which will be 12 foot in on existing 75 foot setback. Deck will be less
than 36 inches above ground level but including railing it will exceed 36 inches, deck to be 63 feet from
lake.
July 30, 2020 Ann Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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
purposes and intent of the official control).
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).
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, 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?)
lo'l'
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.)
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).
Coo\ A,
Uj6jU -vd ar\K of- oT
cT jvT^eS
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.
2. Whether existing sewage treatment systems on the property need upgrading before additional development is
approved.
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.
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
OTTER TAIL COUNTY, MN
Wayne Stein, Auditor-Treasurer
• 570 Fir Avenue WestFergus Falls, MN 56537-1364 218-998-8295
www.co.otter-tail.mn.us
2013 Property Tax Statement
VALUES AND CLASSIFICATION
I
Step 20192018Taxes Payable Year
Property Classification:RES HMSTDRES HMSTD
1
340,000304,100Estimated Market Value:
PROPERTY ID#: R 14000160132003 6,600
333,400
Homestead Exclusion:
Taxable Market Value:
New Improvements:
9,900
294,200
19,700
Taxpayer: 176022
'll‘l''llllll"lll'llll•"'ll"l'l"I'll'llll'll'"lll'l■"l'll"
*——•*"*AUTO”SCH 5-DIGIT56514 16346 1 AV0.383Casey & Sarah Melgard
36681 370th St
Richville MN 56576-9635
Sent in Mar^ 2018
PROPOSED TAXStep
Proposed Tax:
Step
2,910.00
SentiO November 2018__
PROPERTY TAX STATEMENT
1,510.00
1.510.00
3.020.00
First-half Taxes:
Second-half T axes:3 i TotaLTaxes duein2019:
Tax Desc:You may be eligible for one or even two
refunds to reduce your property tax.
Read the back of this statement to
find out how to apply.
$$$Sect-16 Twp-135 Range-040
PT GL 5 COM SW COR GL 5, E
550’ TO PT BG, E 424.40',
N 53.37', N 43 DEG W 329.20’,REFUNDS?
2019
2,910.26
2018Taxes Payable Year:1. Use this amount on Form Ml PR to see if you are eligible for a homestead credit refund, i—iFile by August 15. If this box is checked, you owe delinquent taxes and are not eligible. | |
2. Use these amounts on Form Ml PR to see if you are eligible for a special refund.
Property Tax and Credits
3. Property taxes before credits
4. A. Agricuitural and rural land credits to reduce your property tax
B. Other credits to reduce your property tax
5. Property taxes after credits
Property Tax by lurisdiction
6. Otter Tail County
2,783.70
2,910.262,783.70
2,910.262,783.70
1,386.151,244.29
DEAD LAKE TOWNSHIP 278.627. City or Town
8. State General Tax
9. School District
341.51
A. Voter Approved Levies
B. Other Locai Levies 486.53
547.25460.80557.020549
Special Taxing Districts
OTTER TAIL COUNTY HRA
PERHAM HOSPITAL DIST
10.43.5820.39
159.69 168.13
11. Non-school voter approved referenda levies
12. Total property tax before special assessments
Special Assessments
13. Special Assessments Int:
DITCH ASMT:
SOLID WASTE:
2,910.262,783.70
109.74Prin:109.74 122.30
39.74
70.00
3.020.002,906.0014. TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 30*^ day of July, 2020 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Township Clerk Lake AssociationProperty Owner
Kimberlie Wells, Clerk
Dead Lake Township
PO Box 54
Richville, MN 56576
Dead Lake Association
PO Box 127
Richville MN 56576
Casey Melgard
36681 370‘>^ St.
Richville MN 56576
City Clerk (if located within 2 miles of a city) NA
2 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 56573LittlelHc^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little pJre^Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelic^ FishsBass & 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
lU
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:
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: Brent Frazier, PO Box 255, Pelican Rapids MN 56572
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: July 30, 2020
6Extra
BOA Members___5
PC Member
Envelopes _
TOTAL NOTICES TO PRINT____
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
Amy Busko, Secretary
Otter Tail County Board of Adjustment
1 MinutesBy:8Amy Busko
21
l:\BOA\August BOA\Melgard Affidavit (383) 08-13-20.doex
Buffer Parcels
Addr 2 Citv St ZiDAddr 1Parcel No Name 2Name 1
Hewitt MN 56453 401614000160132000 Joel E & Shellie A Kirscht 60856 State Highway 210
East Bethel MN 55005 170123124 Gopher DrNEBrad W & Sarah C Heckenlaible14000160132002
Richville MN 56576 963536681 370th StCasey & Sarah Melgard14000160132003
Bismarck ND 58501 3922911 6th St NDustin & Kaidra Froelich Et Al14000160132004
Richville MN 56576 963536749 370th StLeonard W & Kimberly L Stafki14000160132005
Richville MN 56576 963536513 370th StRichard M Palubicki Tst14000160132006
West Fargo ND 58078 21841026 Sommerset DrSusan L Ellison14000160132009
Richville MN 56576 962536966 370th St14000210167000 Randall L Fithen
Richville MN 56576 963536513 370th StRichard M Palubicki Tst14000210173000
Page 1 of 1Tuesday. July 28, 2020
Buffer Mail
Address i City, State, ZipAddress 2Name
Dustin & Kaidra Froelich Et Al 911 6th St N Bismarck ND 58501 3922
Susan L Ellison 1026 Sommerset Dr West Fargo ND 58078 2184
Randall L Fithen 36966 370th St Richville MN 56576 9625
Brad W & Sarah C Heckenlaible 23124 Gopher Dr NE East Bethel MN 55005 1701
Joel E & Shellie A Kirscht 60856 State Highway 210 Hewitt MN 56453 4016
Casey & Sarah Melgard 36681 370th St Richville MN 56576 9635
Richard M PalubickiTst 36513 370th St Richville MN 56576 9635
Leonard W & Kimberly L Stafki 36749 370th St Richville MN 56576 9635
Tuesday, July 28, 2020 Page 1 of 1