HomeMy WebLinkAbout14000250196005_Variances_12-09-2021■\t-^-Z0Zl
1272140Date Stamp
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES!>■
FERGUS FALLS, MN
RECORDED ON■o o
r-- KiL&e Initial ii-iip'Zi 01/25/2022 11:09 AM
'^EE; ^16.00
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APPLICATION FOR ^ ^
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
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CO
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website; wvtfw.ottertailcountymn.us
5ooApplication Fee
ZoZl-o^OCOMPLETE THIS APPLICATION IN INK Receipt Number
Accepted By / Date
Thtr/'CCL A - DAYTIME PHONE ~ {
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PROPERTY OWNER
MAILING ADDRESS
E-MAIL ADDRESS
■38 5>_____LAKE CLASS AJti
bead Lalc-e.
LAKE NAMELAKE NUMBER
SECTION TOWNSHIP doRANGE TOWNSHIP NAME
E-911
ADDRESS
PARCEL
NUMBER /V 000 dB 0I9(^ OoB
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LEGAL DESCRIPTION
«Pf (=\l6 Com Cor...
f \ 31
TYPE OF VARIANCE REQUESTED (Please Check)
7^ structure Size Cluster WECS Misc.Sewage System 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.
Sif^ov'Q.lciyLd ?C\\)-(\Ui(i(ltT\tnh
C> Sui>p. ^ TXdo ^ I
\)^\YVi (K ^ctjon enclosed Porch. (Vdl
[d^Vr\^fh-e Stz-e (h'viw) a^d fU S^ujon
pilrch uj7lf Pu huj/cL^e^ Dnd. Cinc{ UJd!
b-t Od fyam IiaIu ^ Cloj^i^ fnan fKi Mdalci'i.
IAJ'II a,lso •^'Cp/z^u dkJ dzuifM do /yie^A Az&Iy .
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
OTTER TAIL COUNTY ORDINANCE:
SECTION OF ORDINANCE:
VARIANCE REQUEST:
P-/lo-aj
^ 'signature of pf^perty owner / agent for owner DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
(jp'.OO ^Date Of Board of Adjustment Hearing
Motion
nnTime
James & Theresa Matter - Variance Application Request Approved (7:24 p.m.)
After consideration and discussion, Terry Marthaler made a motion, seconded by David Wass and cam^ to approve Afvariance to replace the existing deck with a 14’ x 16’ three-season porch. This decision is based on
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.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
ijuJhiikj.Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
Official/Date
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. DirectorOTTER TflilOOilTT
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:James I & Theresa A Matter
Address/Parcel No. 35369 Red Maple Dr. / 14000250196005
Requested Variance: Proposing to remove the existing deck and replace with a three-season enclosed porch. Will replace
the deck with the same size (14' x 16') and the three-season porch will be behind the building line and will be approx.
61' from lake and no closer than the deck is. Will also replace the sev^er to meet code.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 4. (Table IV)
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 deck is in need of replacement.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ 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.
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:
2.
Removing the existing deck and replacing it with a 3 season porch will be no closer to the lake than the existing deck currently
is.
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 existing legai non-conforming structure which currently does not meet structure setbacks wos built prior to the Land Use
Ordinance.
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 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.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role In the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
The deck replacement with a 3-season porch is a minimal expansion of the existing legal non-conforming structure which will
not be any closer to the lake than the existing deck.
The Otter Tail County Board of Adjustment: APPROVES__X the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
*D<wien 'HewwUeDATED: December 9, 2021
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.
1264488
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLSj MN
RECORDED ON
08/31/2021 02:03 PM
FEE: 96.00
PAGES 4
WELL CERTIFICATE REC'D: Y
No delinquent texes and transfer entered;
Certificate of Real Estate Value (y)filed ( ) not required^
Certificate of Real Estate Value No. 160^ \5o
So__
Otter tQi C^jnty ^i^tor/Yreasurer
04
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: rs*If-
(YEAR)
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/c/ oi^(, oos~
® nBy:.Deputy
TRUSTEE’S DEED
By Individual Trustee
Minnesota Uniform Conveyancing Blanks
Form 10;4.1(20]6)'
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX
STATE PEED TAX DUE HEREON: $577.50eGRV# loOSfeO
FOR valuable CONSIDERATION, BERNARD J. KOALSKA AND MARCIA L.
KOALSKA, as trustees of THE KOALSKA FAMILY TRUST, dated October 9,
2006, (“Grantor”)hereby conveys and quitclainas to JAMES I. MATTER AN®
THERESA A. MATTER, as joint tenants, (“Grantee”), real property in Otter Tail
County, Minnesota, described as follows;
NUMi
Date:.,2021 DATE
Legal Description attached in Exhibit “A”
Together with all hereditaments and appurtenances belonging thereto; subject to the
following exceptions; Easements, restrictions, and reservations of record, if any.
A Well disclosure. Certificate accompanies this document.
Otter Tail County, Minnesota 1264488 1 of 4
f
GRANTOR
BERNANRD TTKOALSKA, Trusted by
Kathleen A. Roering, Attorney-in-Fact
y
MARCIA L. KOALSKA, Trustefeijy'
Kathleen A. Roering, Attorney-in-Fact
STATE OF )
) SS.'{Ij£yCOUNTY OF )
1This instrument was acknowledged before me on this
, 2021 by, Bernard J. Koalska, Trustee, of THK TRUST, dated October 9,2006, by Kathleen A. Roe^g\ ^ttorney-in-Fact.
IseaJj
day of
OALSKA FAMIL
ALLISON MARIE SUEDEL
NOTARY PUBLIC
MINNESOTA
My Commission Expires 01/31/2022
My commission expires:
STATE OF )
) SS.
COUNTY OF
This instrument was acknowledged before me on this /J 1 day of//
, 2021 by, Marcia L. Koalska, Trustee, of THE KOALSKA FAMILY
TRUST, dated October 9,2006, by Kathleen A. Roerihh, Attorney-in-Fact.
ALLISON MARIE SUEDEL
NOTARY PUBLIC
MINNESOTA
My Commission Expires 01/31/2022 M i!1^
My commission expires:
Mail tax statements to:
James I. Matter and Theresa A. Matter
1324 Lori Ave
Detroit Lakes, MN 56501
This document prepared by:
Minnesota Title & Closing Company
819 Washington Ave
Detroit Lakes, MN 56501
Telephone: (218)847-1297
Otter Tail County, Minnesota 1264488 2 of 4
EXHIBIT "A"
That part of GovemmentXbt 8 of Section 25, Township 135 North, Range 40
West of the Fifth FTincipa! Meridian m Otter Tail County, Minnesota, described as
follows:
Commencing at a found iron monument which designates the south quarter comer
of said Section 25; thence North 03 degrees 06 minutes 37 seconds West 1834.8S feet on
an assumed bearing along the north-soOth quarter line of said.Section 25 to an iron
monument; thence North 69 degrees 36 minutes 58 seconds East 69.15 feet to an iron
monument; thence North 02 degrees 02 minutes 07 seconds West 50.30 feet to an iron
monument, said point hereinafter re%red to as Point A; thence South 66 degrees 10
minutes 11 secpjMs East 62.98 feet to ah iron ihonument; thence northeasterly on a curve
concave to the southeast, having a central angle of 04 degrees 36 minutes 14 seconds and
a radius of 166.50 feet, for a distance of 13.38 feet (chord bearing North 54 deg^s 25
minutes 20 seconds East) to an iron monument; thence continuing nprdieasterly on a
curve concave to the southeast, having a central angle of 03 degrees 58 minutes 07
seconds and a radius of 166.50 feet, for a distance of 11.53 feet (chord bearing North 58
degrees 42 minutes 30 seconds East) to an iron monument; thence North 60 degrees 41
inlnuies 34 seconds East 64,00 feet to an iron monument; thence conUnuihg North 60
degrees 41 rrunutes 34 seconds East 74.58 feet to an iron monument, said point is the
point of beginning; thence continuing Npith 60 degrees 41 minutes 34 seconds East 73.98
feet to an iron monun^nt; thence North 07 degrees 39 minutes 56 seconds West 5.40 feet
to an iron monument; thence continuing North 07 degrees 39 minutes 56 seconds West
178.15 feet to an iron monument; thence continuing North 07 degrees 39 minutes 56
seconds West 4 feet, more or less, to the water’s edge of Dead Lake; thence southwesterly
along the water's edge of said Dead Lake to tte intersection vyith a line which bears North
06 degrees 31 minutes 00 seconds West from the point of beginning; thence South 06
degrees 31 minutes 00 seconds East 9 feet, more or less, to an iron monument; thence
continuing South 06 degrees 31 minutes 00 seconds East 185.01 feet Ip the point of
beginning.
otter Tail County, Minnesota 1264488 3 of 4
ALSO HEREIN INCLUDED is a 33.00 fool wide easement for roadway
purposes over, under and acroK part of the al^ye described tract and over, under and
across part of Government Lot 8 and part of Goveminent Lot 7 of said Section 25. The
centerline of said 33.00 foot wide roadway easement is described as follows;
Commencing at an iron monun^nt at the afore mentioned Point A; thence South
66 degrees 10 minutes 11 seconds East 82.03 feet to the point of begiiming of the
centerline to te described; thence southwesterly on a curve concave to the southeast, having a central angle of 56 degrees 04 minutes 37 seconds and a radius of 150.00 f^t,
for a distance 146.81 feet (chord bearing South 27 deuces 31 noinutes 55 seconds West);
thence South 00 degrees 30 minutes 24 seconds East 382.00 feet; thence South 15
degrees 08 minutes 58 seconds East 98.74 feet; thence South 30 degrees 17 minutes 00
seconds East 361,42 feet to the centerline pf County State Aid Highway No. 14 and said
easement centerline there terminates.
AND
fiom said easement centerline point of beginning; thence northeaster^ on a curve
concave to the southeast, having a central angle of 05 degrees 07 minutes 21 seconds and
a radius of 150.00 feet, for a distant^ of 13,41 feet (chord bearing North 58 degrees 07
ihinutes 53 seconds East); thence North 60 degrees 41 minutes 34 secoiids East 238.54
feet; thence North 47 degrees 45 minutes, 23 seconds East 44.50 feet and said centerline
there temiinates. At the soutitieriy terminus of said easement centerline the sidelines of
said easement shall be prolonged or shortened to terminate on the centerline of said
Copnty State Aid Highway No. 14, At the northerly terminus Of ^id easement centerUne
the sidelmespf said easemCnt shall be prolonged or shortened to terminate oh a line which
bears North 06 degrees 34 mmutes 16 seconds West and Sbuth 06 d^ees 34 minutes 16
seconds East from said point of tennmatipn.
PN 14000250196005
otter Tail County, Minnesota 1264488 4 of 4
Jon Saetre - Variance Application Approved with a Condition (6:27 p.m.)
Jon Saetre, Ely Portion along West Shore of Lakes of SEl '4 Ex Tr & Pt of GL 3 Com Sl /4 Cor., Moenkedick Lake (56-336) and
Ceynowa Lake (56-337) in Edna Township requested the following: We wish to tear down three separate existing buildings, combine
the square footage of the three separate buildings and build one new structure on one of the existing buildings sites. New' structure to
be built no closer to the lakeshore than existing structure.
Jon Saetre, property owner represented the variance application. The audience was polled with no one speaking for or against this
application. An email was received from Bruce Moenkedick in opposition to the variance request. This email was read for the record
and forwarded on to the Board of Adjustment members for their review.
After consideration and discussion, Terry Marthaler made a motion, seconded by Thomas Lee and carried to approve the variance
with the condition that the structure setback from Moenkedick Lake is 100 feet. This decision is 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.
Bradley & Brenda KneisI - Variance Application Tabled to January 2022 (6:59 p.m.)
Bradley & Brenda KneisI, E 55’ of Lot 1 of Sandra’s Beach P' Addition, East Battle Lake (56-138) in Girard Township requested the
following: Due to the location of the approved septic system, we are proposing to build w ith a setback of 35’ from the OHWL,
increase the square footage allowed within the shore impact zone to 490 sq. ft. (412.5 is allowed on our lot), and increase the
impervious to 29.13% to allow for a driveway to access the garage. The only way the septic system could be designed on our narrow
lot w as to be placed in one location to maintain proper distance from the neighbor’s existing w ell. Solely due to the constraint of the
septic system (which has an approved permit), we are asking for these variance items in order to build a small footprint home. The
house will be moving closer to the lake from the location of the existing cabin, but it will remain behind the neighbor’s existing
properties and their site lines of the lake. The lot has a natural slope towards the lake w hich is ideal for a w alkout basement that is
detailed within our plans.
Terry Marthaler recused himself from the application.
Bradley & Brenda KneisI, property owners and Amanda Nygard, CB Designs (daughter of property owners) represented the variance
application. The audience w as polled w ith Tim Comstock speaking in favor of the variance application.
After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried to table the variance
request with the permission of the applicant until January 2022 to revise the request.
James & Theresa Matter - Variance Application Request Approved (7:24 p.m.)
James & Theresa Matter, Pt GL 8 Com SI '4 Cor...(.31 Acres), Dead Lake (56-383) in Dead Lake Township requested the following:
Proposing to remove the existing deck and replace with a three-season enclosed porch. Will replace the deck w ith the same size (14’ x
16’) and the three-season porch w ill be behind the building line and will be approx. 61’ from lake and no closer than the deck is. Will
also replace the sewer to meet code.
James & Theresa Matter, property ow ners represented the variance application. 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 David Wass and carried to approve the variance to
replace the existing deck with a 14’ x 16’ three-season porch. This decision is 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 w ith the Land & Resource Management Department.
Bruce Folkedahl - Variance Applieation Denied (7:31 p.m.)
Bruce Folkedahl, Lot 8 of Beauty Beach, Otter Tail Lake (56-242) in Amor Township requested the follow ing: Proposed building will
be at current side setback of approximately 4.5’ from property line and will feature a roof pitch of 9:12 not exceeding 35’ in height.
Board of Adjustment
December 9, 2021
Page I 2
STAFF REPORT
James & Theresa MatterAPPLICANT:
35369 Red Maple Dr, Richville, MN 56576,14000250196005LOCATION:
LAKE NAME/NUMBER/CLASS:Dead, 56038300, Natural Environment
Proposing to remove the existing deck and replace with a three-season porch. Will replace the
deck with the same size (14' x 16') and the three-season porch will be behind the building line and
will be approx. 61' from lake and no closer than the deck is. Will also replace the sewer to meet
code.
APPLICATION:
STAFF WHO COMPLETED REPORT: Chris LeClair
Otter Tail County visit the County Website
*39'57'W46V879-N
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
Applicable Ordinances/Statutes
Shoreland Management Ordinance
Section 3, Subp. 14
All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise
set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as
allowed and set forth in Minnesota Statute §394.36
All additions or expansions to the outside dimensions of an existing nonconforming structure must
meet the setback, height, and other requirements of this ordinance. Any deviation from these
requirements must be authorized by a variance.
Improvements to nonconforming structures not requiring a variance, include, but are not limited
to, the following:
1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does
not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed
peaked roof for a non-conforming structure beyond a 4:12 would be considered an
expansion and would require a variance.
2) Installing rails on a patio in which the total height is less than 36" in height as measured from
the ground.
3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36
inches and to not allow the overall building height to exceed maximum height restrictions.
A non-conforming use is any continuous use of land established before the effective date of a
County or local Ordinance which does not conform to the use restrictions of a particular zoning
district. This should not be confused with substandard dimensions of a conforming use.
A prohibited non-conforming use may not be expanded or improved.
If any non-conformity or occupancy is discontinued for a period of more than one year, any
subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
A.
B.
C.
D.
E.
F.
Minnesota Statute, 394.36
Subp. 4 Nonconformities; certain classes of property
This subdivision applies to homestead and nonhomestead residential real estate and seasonal
residential real estate occupied for recreational purposes. Except as otherwise provided by law, a
nonconformity, including the lawful use or occupation of land or premises existing at the time of
the adoption of an official control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not including expansion.
Staff Comments: Based on a review of the application and a site review. Staff offers the following
comments:
1. Flouse built in 1966. Existing non-conforming structure.
2. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
LAND & RESOURCE MANAGEMENTOTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
James I & Theresa A. Matter
1324 Lori Ave
Detroit Lakes MN 56501
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, December 9, 2021, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application.
Public comments regarding this application expressed by mail or emailed to land^co.ottertail.mn.us must be received
by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments
at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. -14000250196005
Pt GL 8 Com Sl/4 Cor... (.31 Acres)
Section 25, Township 135, Range 40
Township Name - Dead Lake
Dead Lake (56-383), Natural Environment (NE)
35369 Red Maple Dr., Richville MN 56576
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Proposing to remove the existing deck and replace with a three-season enclosed porch. Will replace the
deck with the same size (14' x 16') and the three-season porch will be behind the building line and will
be approx. 61' from lake and no closer than the deck is. Will also replace the sewer to meet code.
November 24, 2021 .\niy Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
■'Jlm
SCALE DRAWING FORM
Di9b Of)^^
Tax Parcel Number(s)1
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
I
■I ........f
1..:1 ^1.
Proposing to remove the existing
deck and replace with a 3-Seaon
Porch being approx. 61' from the
lake. The 3-season Porch will be
no closer than the existing deck
!.
/|*J currently is to the lake.
I
1“^
I
i
i I
Signature of Property Owner Date
BK —042016 360,800 • Viclor Lund«en Co.. Printers • Fergus Falls, MN • 1-800-346.4870
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^): /3/ (£>
^3l /hrs)
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^Ft^Ft^
j A.Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)1:^0
WOAS Driveway(s)
RCU !^t>Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)M±'i'SeJOSm Porch
Miscellaneous
iMiTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
lOO^}bi^o3ie>D^09O 100+■z-—X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft
//4V /Lm1^30^ ip 100+■¥X
Impervious Surface Calculation Worksheet 04-11-2016
J/-)L "^/Signatui^Date
otter Tail County
oTTCRTAiL Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
PIN
Property Address
Square Footage of Lot
Acres x 43,560
Property Area (from GIS or Survey)ft^A1Acres
Total Area Allowed for Impervious Surface
A1 X .25
Total Area Allowed for Butldirigs
A1 X ,20
ft^A2 ft^A3
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Total Impervious Surface
Description Area f^cription
B1Dypeway^Parklng area(s)Dwelling and Attached Garage otal Irhoervious-Buildings
C1ft^Patio/Sidewalk Total Impervfcus-OtherDetached Garage
c7 Total Imperviois SurfaceB1 +C1 I D1detaining wall(s)Shed(s)
Total Percen^mpervious
(D1 + A1)x^Elft^Lam^capingMiscellaneous
ft^OtherRecreational Camping Unit AtlQ)N^le Total Area Remaining ft^
- D1
Water Oriented Accessory Structure
Project being requested:C1B1Total Impervious-OtherTotal Impervious-Buildings
Accessory structures less than or equal to 120 sq ft
_ without a permit. This exemption only applies to itemsL-J not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands.
Building Impervious SurfacePercentage
(B1 + A1)x100
Reviewed by L&R
□ El Greater than 15%: Exemption Not Allowed
Int: Date:B2
□ E1 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This
^ exemption only applies to items not located in the
Shore Impact Zone. Bluff Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3-B1 B3
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers)QA 75 ft (Transition Rivers) ^ '
100 ft (NE Lakes)}ob ftLake Classification
Shore Impact Zone Area
SI xS2 1,600 "■S3S210ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface S3X.15 ft^S4 hb50
List all other impervious surfaces in the Shore Impact ZoneList all structure footprints In the Shore Impact Zone
Total Impervious Surface
Area Description AreaDescription
io2>o S5 ft^ft^Patio/SidewaikBullding(s)Buildings
S6 ft^ft^Deck(s)Other
Total Impervious Surface
S5 + S6 b8D «'S7ft^fpLandscaping/retainging wall(s)
Total Percent Impervious
(S7+ S3)x 100
ft^ft^Driveway/Parking area(s)
ft^ft^Miscellaneous
Allowable Area Remaining S4-S7
feft^
SIZ Total Impervious-BuiWingf 35 te i6 ft"SIZ Total Impervious-Othe^7/1/2021
Ylr\pyp^d> A- fU\cr&e/
Printed Name Dateignature
otter Tail County
OTTERTAJL LaHcl & ResourcG Management
Impervious Surface Worksheet Proposed
Page 2
7/1/2021
Signature DatePrinted Name
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LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY MINNESOTA
November 2 2021
Parcel No. 14000250196005
James and Theresa Matter
1324 Lori Ave
Detroit lakes MN 56501
NOTICE OF NON-COMPLIANCE
The Otter Tail County Land & Resource Management office administers the regulation of subsurface sewage
treatment systems (SSTS) in Otter Tail County. On 8/11/2021, the office received a Notice of Non-
Compliance from Stoll Inspections for the SSTS located at 35369 Red Maple Dr in Richville, Minnesota, Parcel
No. 14000250196005. The inspection report from Stoll Inspections indicates that the SSTS is noncompliant
due to a lack of vertical separation between the system bottom and saturated soil conditions.
The lack of vertical separation is in violation of Section 4, Subp. 3(C) of the Otter Tail County Sanitation Code
which states:
rhe SSTS must be protective of groundwater. A system that is not protective is considered a
system failing to protect groundwater. At a minimum, a system that is failing to protect
groundwater is a system that is a seepage pit, cesspool, drywell, leaching pit, or other pit; a
system with less than the required vertical separation distance described in item E; and a system
not abandoned in accordance with Minnesota Rules, Chapter 7080.2500.
i
Since Stoll Inspections has issued a Notice of Non-Compliance for the SSTS located at 35369 Red Maple
Dr, the Otter Tail County Sanitation Code requires:
1, The system must be replaced within 24 months of receipt of this Notice; and,
2. The owner of the system must obtain a permit to replace the system within 12 months of receipt
of this notice.
i
Financial assistance in the form of grants and low interest loans are available to assist in the costs of replacing
the SSTS Please contact the office at 218.998.8095 for more information.
If you have any questions, please contact Sheila Dahl at 218.998.8098.
Sincerely,
V ,
•X ■■
T
Christopher W. LeClair, Director
Land & Resource Management
218,998.8105
cleclair@co.ottertail.mn.u5
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
ottertailcountvmn.usOTTER TRIl
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER 1^^ & MARCH 31^^
I understand that, due to extenuating circumstances, the Planning Commission
Members and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # d/'JH 0I9(^ \ described on
\JoLn Cun C'f Application(s) datedmy
/A
Since this is the case, it may not be possible for Otter Tail County to meet the
legal requirement to take action within 60 days of receipt of my completed
Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view my
property before taking action on my Application(s).
I I I do not agree to waive the 60-Day Rule, and I understand that in the absence
of waiving the 60-Day Rule, the County may have no alternative but to deny
my Application(s). , / )
DATED PROPERTY OWNEl
LR: Forms: Waiver 60 Day Rule 03-17-2020
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 24**^ day of November 2021 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
James & Theresa Matter
1324 Lori Ave
Detroit Lakes MN 56501
Kimberlie Wells, Clerk
Dead Lake Township
37410 378^^ St.
Richville MN 56576
Dead Lake Association
PO Box 127
Richville MN 56576
City Clerk (if located within 2 miles of a city) None
re Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald;
Devils (NMr Perham):
UJ Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
Id, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Eal ;e:
Lida IS
Littl#4cl
Little Pine & Big Pine.
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
Julie 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: 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: November 24, 2021
Extra___6Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members _
PC Member____
Envelopes___T1
TOTAL NOTICES TO PRINT___24
I I Added to Agenda CD Map
|~~| Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
5
1 MinutesBy;
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-383) 12-09-21.docx s
Buffer Parcels
Parcel No Addr 1
2627 Humboldt Ave S Apt 2
Addr 2Name 1 Citv St Zio
Minneapolis MN 55408 1075
Name 2
14000250196000 John Ernst
Matthew A & Jessica A Blake14000250196001 Maple Grove MN 55311 300718112 68th Ave N
Timothy Lebeau Naplate IL 61350 370714000250196002215 18th Ave
David & Alison Monke Dilworth MN 56529 1835140002501960031114 4th Ave NW
Kathleen A Roering Tst14000250196004 North 5aint Paul MN 55109 41372070 Park Row
14000250196005 James I & Theresa A Matter Detroit Lakes MN 5650142041324 Lori Ave
14000250196006 Paul C & Jill A Omodt Woodbury MN 55125 85051152 5unset Bay
14000250196007 Kenneth E & Jill M Satkunam Fargo ND 58104 74232025 67th Ave S
14000250197005 Andre W & Anne E Zimiga 3538 44th Ave S Fargo ND 58103 6672
Wesley H & Joyce E Kube14000250197013 Richville MN 56576 964838505 Dead Lake Rd
Brenda R 5amson14000250201000 Cavalier ND 58220 0296PO Box 296
Tuesdav. November 23. 2021 Page 1 of 1
Buffer Mail
Address i City, State, Zip
Maple Grove MN 55311 3007
Address 2Name
Matthew A & Jessica A Blake 18112 68th Ave N
John Ernst 2627 Humboldt Ave S Apt 2 Minneapolis MN 55408 1075
Kathleen A Roering Tst 2070 Park Row North Saint Paul MN 55109 4137
Wesley H & Joyce E Kube 38505 Dead Lake Rd Richville MN 56576 9648
Timothy Lebeau 215 18th Ave Naplate IL 61350 3707
James I & Theresa A Matter 1324 Lori Ave Detroit Lakes MN 56501 4204
David & Alison Monke 1114 4th Ave NW Dilworth MN 56529 1835
Paul C & Jill A Omodt Woodbury MN 55125 85051152 Sunset Bay
Brenda R Samson Cavalier ND 58220 0296PO Box 296
Kenneth E & Jill M Satkunam 2025 67th Ave S Fargo ND 58104 7423
Andre W & Anne E Zimiga 3538 44th Ave S Fargo ND 58103 6672
Tuesday, November 23, 2021 Page 1 of 1