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HomeMy WebLinkAbout29000350243003_Variances_09-20-2021Variances 2 Barcode 128 1267564 Date Stamp LYHH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, NN RECORDED ON 10/25/2021 09:13 AN FEE: 46.00 PAGES 7WELL CERTIFICATE REC‘D: N 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.usqiTjERTIill Application Fee ^ ^(?o ■ Oo Receipt Number ccAccepted by Date Property Owner Name JOHN T & RENEE S DITTRICH Address 22148 BIRDIE DR City Vining state Mn Zip 56588 Daytime Phone (763)458-1830 Email johntdittrich(ggmail.com Parcel Information Lake No Lake Name Lake Class K b56013800East Battle Parcel Number(s)29-000-35-0243-003 Parcel Number(s) Township Name SectionGirard 35-133-039 Legal Description PT GL 3 COM ELY COR LOT 16 ALBRECHTS ADDN TO NIVANA N 29“E 199.87’ TO BG N 29°E Physical Address 22148 Birdie Dr., Vining, MN. 56588 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback □ □□ 0 Structure Size Sewage System Subdivision □ □□Ciuster MiscellaneousWECS Version Date: 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:_______ Shoreland Management Ordinance Sec 6 Subp 4 A ? Reguesting a variance to replace existing 28x34 dwelling with 2 story 40x40 dwelling. Existing dwelling is 36' from OHWL, new dwelling will be 33' from OHWL Required setback is 100' from OHWL. Also requesting to replace existing 10x15 garage that is 4' from OHWL with a new 20x24 garage located on top of hill as shown in drawing and 23' from OHWL. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDiyiSION 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, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATIJTE 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. ^ - Lo-Xl SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Ochbi^' Hi tVZ-i timeDate of Hearing I-Ob firyf. MotionJohn & Renee Dittrich - Variance Application Approved as Requested (8:19 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Teiry Marthaler with David V/ass voting no to approve the variance request to construct a new 40’ x 40’ dwelling being 33’ from the ordinal^ high-water level and a 20’ x 24’ detached garage being 15’ from the ordinary high-water level (this will place the garage at the bottom of the hill near the house). 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 vvith the Land & Resource Management Department. -V Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes 1 No Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TflilOQtBTT-aiaaiieta GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:John & Renee Dittrich Address/Parcel No. 22148 Birdie Dr. / 29000350243003 Requested Variance: Requesting a variance to replace existing 28 x 34 dwelling with 2-story 40 x 40 dwelling. Existing dwelling is 36' from OHWL, new dwelling will be 33' from OHWL. Required setback is 100' from OHWL. Also requesting to replace existing 10 x 15 garage that is 4' from OHWL with a new 20 x 24 garage located on top of hill as shown in drawing and 23' from OHWL. Drawing which is on file at Land & Resource Management). Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 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 cost of repairs versus replacement and this will become their full-time residence._____________ 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. The proposed structure will be centered on the lot. 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: It is an existing lot of record with a small building envelope. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state far 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 land use patterns and use of the property in the vicinity of the request. 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: There is small area for building. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. 7^tcc4aef *Do*to^DATED: October 14, 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. 1012449 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was filed/recorded in this office for record on the llt^ day of_ HTua 2007at/i^am/^ Wendy ^etcalf, Coi^ty Recorder fJ, Deputy No delinquent taxes and transfer entered; Certificate of Real Estate Value ( u^Wed ( Certificate of Real Estate Value No. Q83G40— 11+^ A>ol ) not required. (Year)by:Wayne Stein, County Auditor w/.nfnnc yfecordlng fee ‘■iCt.oorc well certificate 1?cI6TiHi:by -ocDO^^S-o31.^3^ oc>3 DEED TAX DUE: $ ^5 ^, (JD Form No. 5-M-WARRANTY DEED Individual(s) to Joint Tenants RETUfV^ DOCUM£t^ TO: Rok; Title 2550 Unfvoroiiy Ave W, Suite 135N St, Paul, MN 55114-1062 Date: December 21, 2006 FOR VALUABLE CONSIDERATION, Gertrude 3. Dumont, a single woman, Grantor, hereby conveys and warrants to John T. Dittrich and Renee S. Dittrich Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows: Legal Description attached hereto as Exhibit A and by this reference incorporated herein. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check box if applicable: j I The Seller certifies that the seller does not know of any wells on the described real property. [3f[ A well disclosure certificate accompanies this document. j 11 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. COUNTY OF OTTER TAIL STATE OF MJKI^SOTA DEED Tax s ,NUMBER ^ U.S._Minnesota _Warranty Deed (Individual/Joint Tenancy)_Rev.(7/12/CM)Page 1 of 3 Pages V Gertrude J. Dumont/|r Affix Deed Tax Stamp Here STATE OF MINNESOTA } } ss. COUNTY OF Hennepin } This instrument was acknowledged before me on December 21, 2006, by Gertrude 3. Dumont, a single woman. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK): iIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL LAURIE S. PIETSCH NOTARY FU8LIC • MINNESOTA MY COMMISSION ^PIRES JAN. 31. 2 01 0 Check here if part or all of the land is Registered (Torrens) Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee):□ • • . John T. Dittrich and Renee S. Dittrich 13135 Gray Fox Trail Rogers, MN 55374 THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Reis Title j7373 Kirkwood Court, Suite 110 iMaple Grove, MN 55369 4906-643629-06 AND Wells Fargo Bank, N.A. 115 South First Street Albertville, MN 55301 0070835889 U.S._Minnesota _Warranty Deed (Individual/Ioint Tenancy)_Rev.(7/12/(M)Page 2 of 3 Pages ' I y I EXHIBIT 'A' That part of Govt. Lot 3 of Section 35, Township 133, Range 39, which was formerly included in the Plat of Albrecht's Addition to Nirvana and which lies Northerly of a line across said plat coinciding with the Northeasterly line of Lot 16 of said plat and the extensions thereof, except three parcels heretofore conveyed by metes and bounds descriptions; one to Leo W, Finke, one to Adah and C. Roseboom, wife and husband; one to Cyril E. and Rose Vivian, husband and wife; and subject to and together with use of road in the tract for ingress and egress. The three excepted tracts to Finke, Roseboom, and Vivian are further described as all that portion of said Government Lot 3 formerly included in the Plat of Albrecht's Addition to Nirvana which lies northerly of a line across said plat coinciding with the Northeasterly line of Lot 16 of said plat and the extensions thereof, and which lies southerly of the following line: Commencing at the most Easterly, corner of Lot 16, Albrecht's Addition to Nirvana, which is rharked by an iron stake; thence N. 29 degrees East along the extension of the SE'ly line of said Lot 16 a distance of 200 feet, more or less/ to a point hereinafter referred to as "Point A". Thence South 66 degrees 40 minutes east across that strip of land shown on the said Plat as Back Street to the easterly line of said Back Street and the actual point of beginning of the line to be described. Thence retrace North 66 degrees 40 minutes West to Point A; thence North 29 degrees East 48 feet to an iron stake; thence North 32i‘degrees West a distance of 78 feet, more or less, to a point marked by an iron stake; thence North 66 degrees 40 minutes West 112.8 feet, more or less, to the shoreline of East Battle Lake and said line there terminating. Otter Tail County, Minnesota. V 1 I\f v'i «U.S..Minnesota .Warranty Deed (Individual/Joint Tenancy)_Rev,(7/12/04)Page 3 of 3 Pages Joseph & Cynthia Chesley, Et Al - Variance Application Approved as Amended (7:35 p.m.) Joseph & Cynthia Chesley, Et Al, Lots 5 & 6 of Silent Point, West Silent Lake (56-519) in Dora Township requested the following: We are requesting a variance to place a dwelling 3 feet from the North line of Lot 6, required setback is 10 feet. The Lake has taken most of our property and we are having a difficult time getting something to fit on the lot that will work for our family and be an asset to the area. We feel we are suffering the consequences for the lake taking most of our property which gives us less square footage to work with. Jerilyn & Cynthia Chesley, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to approve the variance to construct locate a dwelling on the property with the condition the dwelling needs to be 7 feet from the north lotline and 20 feet from the edge of the travel surface. 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. Lyle & Monica Fritz - Variance Application Tabled (7:48 p.m.) Lyle & Monica Fritz, Lot 5 Blk 1 of Flerb’s Ridge, Long Lake (56-388) in Hobart Township requested the following: To erect garage storage building with 2”'^ floor for sleeping quarters for overflow guests. Approximate height from slab to peak 30’±. Required height restriction is 20’ per the Shoreland Management Ordinance. Lyle Fritz, property owner, represented the variance application. The audience was polled with no one speaking for or against the variance application. A letter was received from Judi Stoa & Kathleen Jameson in opposition to the variance request and Jon Stoa submitted a letter in support of the variance request. After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting. Ender Raghib - Variance Application Tabled (7:57 p.m.) Lnder Raghib, Lot 20 Blk 1 & Vac Rd Adj. & Res E & F Lot 15 Blk E & Vac Rd AdJ of Haggstrom’s Subdivision, Pickerel Lake (56- 475) in Maine Township requested the following: In July of 2020 storm caused damage to primary cabin and insurance determined it was a total loss. We are considering 2 options for replacement of the cabin and deck. Option A Replace the existing dwelling and deck being 3’ from the lotline. The current impervious surface for the property is 31.26% and under option A would be reduced to 29.7%. Also, under option A we will remove the deck landing by the lake along with the storage shed and the deck on the roadside of the dwelling. Option B - Proposing to replace the existing dwelling & deck being 3’ from the lotline with a 2-stor\ dwelling. The impervious surface will not change and remain at 31.26%. The replacement of the dwelling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a substandard lot of record and the outlet to Pickerel Lake also runs through our property which reduces the buildable space on that side of our lot. Ender Raghib, property owner represented the variance application. The audience was polled with no one speaking for or against the variance application. An email from David & Carla Wolfe was sent in opposing the variance request. Erlin Wahgren spoke in support of the variance request. Brad Pauly spoke in opposition of the variance with concerns with requesting a 3-foot lotline setback, future intent of the property (VRBO) and potential harm to neighbor’s properties. After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the County Attorney to review the non-conforming replacement policy. John & Renee Dittrich - Variance Application Approved as Requested (8:19 p.m.) John & Renee Dittrich, Pt of GL 3 Com Ely Cor Lot 16 Albrechts Addn to Nivana, East Battle Lake (56-138) in Girard Township requested the follow ing: Requesting a variance to replace existing 28 x 34 dwelling with 2-story 40 x 40 dwelling. Existing dwelling is 36’ from OHWL, new dwelling will be 33’ from OHWL. Required setback is 100’ from OHWL. Also requesting to replace existing 10x15 garage that is 4’ from OHWL with a new 20 x 24 garage located on top of hill as shown in drawing and 23’ from OHWL. Drawing which is on file at Land & Resource Management). Board of Adjustment October 14, 2021 Page I 4 John & Renee Dittrich - Continued John & Renee Dittrich, property owners, Mark Dobbleman, Contractor, property owners represented the variance application. The audience was polled w ith no one speaking for or against the variance application. An email was received from Dr. Michael J. & Lisa Vander Berg in support of the variance request as submitted. John Bye, spoke with concerns of the destruction of the road with the heavy equipment. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler w ith David Wass voting no to approve the variance request to construct a new 40’ x 40’ dwelling being 33’ from the ordinary high-water level and a 20’ x 24’ detached garage being 15’ from the ordinary high-water level (this will place the garage at the bottom of the hill near the house). 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. Pocahontas Resort, Fred & Nicole Binczik - Variance Application Approved with Condition (8:35 p.m.) Pocahontas Resort, Fred & Nicole Binczik, Pt GL 2 Bg NE Cor, Dead Lake (56-383) in Dead Lake Township requested the following: To erect garage storage building with 2"‘‘ floor for sleeping quarters for overflow guests. Approximate height from slab to peak 30’±. Required height restriction is 20’ per the Shoreland Management Ordinance. Fred & Nicole Binczik, property owners, represented the variance application. The audience was palled w ith no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and unanimously carried to approve the variance request replace the existing dwelling with a 28’ x 70 dwelling, 12’ x 40’ deck, 36’ x 25’ garage, 20’ x 40’ swimming pool and add 4 additional camp sites not meeting the ordinary high water level setbacks and as depicted on the drawings submitted with the variance application w ith a condition there is approval granted by the Planning Commission for the additional RCU campsites and the dwelling. 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. Other Business - None With no further business, Michael Donoho, Chair declared the meeting adjourned at 8:49 p.m. Prepared by: Amy Busko, Secretary The minutes w ere emailed on October 20, 2021, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment October 14, 2021 Page I 5 STAFF REPORT John & Renee DittrichAPPLiCANT: LOCATION:22148 Birdie DR, Vining MN 56588, 29000350243003 LAKE NAME/NUMBER/CLASS:East Battle Lake, 56013800, Recreational Development Requesting a variance to replace existing 28 x 34 dwelling with 2-story 40 x 40 dwelling.APPLICATION: Existing dwelling is 36' from OHWL, new dwelling will be 33' from OHWL. Required setback is 100' from OHWL. Also requesting to replace existing 10 x 15 garage that is 4' from OHWL with a new 20 x 24 garage located on top of hill as shown in drawing and 23' from OHWL. Drawing which is on file at Land & Resource Management) STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website 7 I+22148 BIRDIE OR £IShcisfc search results for 2214S ■lisrh.iruELiKf:EAST BATTLE . •'f !■* P I ir ./ 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. Septic system compliance inspection conducted on 9/20/2021. System found to be compliant. LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: John & Renee Dittrich 22148 Birdie Dr Vining MN 56588 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, October 14, 2021, at 7:00 p.m. at the Bigwood Event Center. 925 Western Ave, Fergus Falls. MN The applicant and/or applicant’s agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to landPco.ottertail.mn.us. Written correspondence or emails. 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. - 29000350243003 Pt of GL 3 Com Ely Cor Lot 16 Albrechts Addn to Nivana... Section 35, Township 133, Range 39 Township Name - Girard East Battle Lake (56-138), Recreational Development (RD) 22148 Birdie Dr., Vining MN 56588 Lake Name/Number/Class: Property Address: The variance requested is the following: Requesting a variance to replace existing 28 x 34 dwelling with 2-story 40 x 40 dwelling. Existing dwelling is 36' from OHWL, new dwelling will be 33' from OHWL. Required setback is 100' from OHWL. Also requesting to replace existing 10 x 15 garage that is 4' from OHWL with a new 20 x 24 garage located on top of hill as shown in drawing and 23' from OHWL. Drawing which is on file at Land & Resource Management) September 30, 2021 A/n y Busko Board of Adjustment Secretary (©) ottertailcountymn.us218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER i otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 -2^- Poo- 3S- P'2 (?o3PIN Property Address Square Footage of Lot Acres x 43,560 Property Area (from GIS or Survey):ft^A1 37, S97AcresQ. 8~7, A3 -7,5 7 9Total Area Allowed for Buildings A1 X .20 Total Area Allowed for Impervious Surface A1 X .25 ft^A2 List ALL existing other impervious surfacesList ALL existing structure footprint areas Total Impervious Surface Description AreaDescriptionArea 9 ft^(10'2B1Driveway/Parking area(s)Dwelling and Attached Garage Total Impen/iouS'Buildings tPC1OPatio/SidewalkDetached Garage Total Impervious-Other Total Impervious Surface B1 +C1 i(QZD1Retaining wall(s)Shed(s) Total Percent Impervious (D1 +A1)x100 7. 9 '/•ft^ft=E1LandscapingMiscellaneous ft^ft=OtherRecreational Camping Unil Allowable Total Area Remaining A2 ■ D1 Water Oriented Accessory Structure (7U 02 ft"ft"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 items LJ not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 + A1)x 100 Reviewed by L&R □ E1 Greater than 15%: Exemption Not Allowed Int:Date:2,9/.B2 □ El 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This Q exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building AreaRemaining A3 ■ B1 6, V7 7B3 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers)Q,4 75 ft (Transition Rivers) ^ 100ft(NE Lakes)soRb ftLake Classification Shore Impact Zone Area SI X S2 S3 - 27, PO^OS2ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 ^ ,20 (PS4 ft^ List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone Total Impervious Surface Description AreaDescription Area 1,102952ft" ft"ft"S5Building(s) Patio/Sidewalk Buildings ft"ft"S6 <PDeck(s)Other hjp2\ ft"Total Impervious Surface S5 + S6 ft" ft"S7Landscaping/retainging wall(s) Total Percent Impervious (S7f S3)x 100 5 /■ft"ft"Driveway/Parking area(s) ft"ft"Miscellaneous Allowable Area Remaining S4-S7 2^ I 9Sft"ft" /,lo2SiZ Total Impervious-Buildings 00 ft"S6 O ft"SIZ Total Impervious-Other 7/1/2021 Printed Name Su Date otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 PIN Property Address • Properly Area (from CIS or Survey):Square Footage of Lot Acres x 43,560 ft^A1Acres Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X .20 ft'A2 ft'A3 List ALL proposed other impervious surfacesList ALL proposed structure footprint areas Total Impervious Surface AreaDescriptionDescriptionArea Total Existing Impervious- Other from Page 1 Total Existing Building Impervious from Page 1 ft'ft'C1B1O Total Proposed Building Impervious ft'l&Qo ’ZOo ft'F1DrivewayyParklng area(s)Dwelling and Attached Garage Tola! Proposed Impervious- Othert'Zo ft'G1 ft'Patio/SIdewalkDetached Garage Total Proposed Impervious Surface FI +G1________________ Z, <-!0O ft'ft'ft'HIRetaining wall(s)Shed(s) Total Proposed Percent Impervious (HI * A1)x 100_______ 6. 3^^ '/•ft' ft'IIMiscellaneous Landscaping ft'fFOtherRecreational Camping Unit 7, Q~?H ft'A2Allowable Area RemainingH1 ft'ft'Water Oriented Accessory Structure ft',(P hoFI G1Total Impervious-OtherTotal Impervious-Buildings Percent Building Impervious (FI T A1)x 100 5, V99 «■Allowable Building Area Remaining A3-FI SHORE IMPACT ZONE 37.5 ft (GD Lakes)50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers) Q 1 75 It (Transition Rivers) 100 ft (NE Lakes) ftLake Classification Shore Impact Zone Area SI xS2 ^Z^,(?ocz> ft'S2 ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3X.15 3, QoS4 ft' List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface AreaDescriptionAreaDescription Total Existing Building Impervious (Pg 1) Total Existing Impervious- Other (Pg 1)'o ft'ft'S5 S6 ft'/ ft'ft'S8Building(s) Patio/Sidewalk Proposed Buildings ft'ft'7 8 «'S9Deck(s)Proposed Other ft'Total Impervious Surface S8 + S9 ft'ft'S10LandscapingfRetaining wall(s) Total SIZ Percent Impervious (S10 + S3)x 100 9.2 7’ZOC> ft'ft'Driveway/Parking area(s) ft'ft'Micellaneous L2 76 ft'Allowable Area Remaining S4 - S10ft'ft' 4 g "^0 'Zoo ft'S8 S9Total Impervious-Buildings Total Impervious-Other 7/1/2021 fOw)3Mk-Ov, Sig'naTure DatePrinted Name Bl Number Existing Plot Pl^n 3 )3S0243003 aSi39 from dwelling to well .f - •■P 36' f I om d weMng to HVfVl. ■ ■ 'si:; Existing cabin to be demo'd Existing gaiage to be demo'd ■»- i’U «W^•'ni <.2 Signtiire: Date: srctt-iX29000350243003 Overview of Changes from Existirtg to Proposed: Proposed Plot Plan 33' from dwelling 11 Expand cabin width footpi int ft om 34*l«S'toHWL I ■ m wide to 40* wide 2) Expand cabin depth footprint from 2t* deep to 40* deep 3) Add second story or loft34 f I om dweWng to 4) Relocate garage to top of hiU i: iST n.m u: LAKE EAST BATTLE 38** to from dweMirg fo eeptic EAST BATTLE5 ILL LIKE ism Relocate garage to top of hM (20 X ?4) '2.3' ouw Signature: Date: <>( 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 September 2021 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 Carol Jacobson, Clerk Girard Township 24893 Palace Rd Battle Lake MN 56515 NoneJohn & Renee Dittrich 22148 Birdie Dr Vining MN 56588 City Clerk (if located within 2 miles of a city) City of Vining, Sally Bohn, Clerk, PO Box 133, Vining, MN 56588 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist,, PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 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 Littl^i/Icd^Hald, 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 (Q Big McDonald; Devils (NMr Perham): LU Eal :e: Lida LS 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:Packet Sent to: Mark Dobbleman 27307 Timber Hills Rd. Battle Lake MN 56515 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: September 30, 2021 Extra 6 BOA Members _ PC Member___ Envelopes 10 TOTAL NOTICES TO PRINT VL □ Added to Agenda □ Map I I Print out Findings of Fact Sheet Newspapers FFDJ & BL Review Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh & Renee Affidavit (56-138) 10-14-21.doex 1 Buffer Parcels Parcel No Addr2 Citv St ZiDName 1 AddrlName 2 Underwood MN 56586 955029000350241000Steven & Susan Jensen 34292 State Highway 210 29000350241005 Judd D & Barbara K Young Vining MN 56588 950744151 220th St Steven M & Deborah A Simmons Wayzata MN 5539145272900035024300016160 Crosby Cove Rd Rogers MN 55374 867029000350243001 Bye Tst 13589 Birch Rd Minnetonka MN 55345 520229000350243002Andrew G & Laura J Busche 5717 Creek Park Dr Minneapolis MN 55419 182129000350243003 John T & Renee S Dittrich 5429 Grand Ave S 29000990251000 Dale J & Cheryl L Thomas West Fargo ND 58078 79543466 Shadow Wood Ln Coon Rapids MN 55448 152129000990252000 Ronald O & Mary E Peddycoart 12540 Larch St NW Wadena MN 56482 111529000990252001 Joseph R & Mary B Olson 209 3rd St NW 29000990253000 Michael J Vanderberg Et Al Sheldon lA 51201 21291417 Wilson St Page 1 of 1Tuesday, Seotember 28. 2021 ■--y\mP':Buffer Mail ■ a city, State, ZipAddress i Address 2Name Andrew G & Laura J Busche 5717 Creek Park Dr Minnetonka MN 55345 5202 Bye Tst 13589 Birch Rd Rogers MN 55374 8670 John T & Renee S Dittrich Minneapolis MN 55419 18215429 Grand Ave S Steven & Susan Jensen Underwood MN 56586 955034292 State Highway 210 Michael J Vanderberg Et Al 1417 Wilson St Sheldon lA 51201 2129 Joseph R & Mary B Olson Wadena MN 56482 1115209 3rd St NW Ronald 0 & Mary E Peddycoart Coon Rapids MN 55448 152112540 Larch St NW Steven M & Deborah A Simmons 16160 Crosby Cove Rd Wayzata MN 55391 4527 Dale J & Cheryl L Thomas 3466 Shadow Wood Ln West Fargo ND 58078 7954 Judd D & Barbara K Young 44151 220th St Vining MN 56588 9507 Tuesday, September 28, 2021 Page 1 of 1 Amy Busko Amy Busko Tuesday, October 5, 2021 12:36 PM Chris LeClair; Kyle Westergard; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Correspondence From: Sent: To: Subject: Below is correspondence in regard to the Dittrich request. Thanks AMY From: Emma Barry <ebarry@co.ottertail.mn.us> Sent: Tuesday, October 5, 2021 12:00 PM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: FW: Land & Resource Management Variance Emma Barry Administrative Assistar^t Land and Resource Management 540 W. Fir Avenue Fergus Falls. MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us ? OTTER TAIL COUt»f» WlS.N*SO’A From: Mike & Lisa Vander Berg <mikelisavb(a)nethtc.net> Sent: Tuesday, October 5, 2021 11:47 AM To: Otter Tail County Land <land(aco.ottertail.mn.us> Subject: Land & Resource Management Variance Re: Variance for John & Renee Dittrich, 22148 Birdie Dr. Vining, MN Date of Hearing: 10/14/2021 Dear Sirs: I am 100% in favor of granting Mr. and Mrs. Dittrich a variance for their new home and garage. Their property does not line up with any of the other cottages in the area so would not look out of place. They will not obstruct anyone's view of the lake. The shape of their lot on the point of the lake would not allow a 100' set back from the shore. I personally can not think of one reason not to grant this variance. Dr. Michael J. & Lisa Vander Berg 22077 Birdie Dr. /1 Vining, MN 2 Amy Busko Emma Barry Tuesday, October 5, 2021 12:00 PM Amy Busko FW: Land 84 Resource Management Variance From: Sent: To: Subject: Emma Barry Administratrs'e Assistant Land and Resource Management 540 W. Fir Avenue Fergus Falls. MN 56537 Direct 21B-996-8107 | Office 218-996-6095 ottertailcountymn.us ’ OTTER TAILICOUNTY From: Mike & Lisa Vander Berg <mikelisavb@nethtc.net> Sent: Tuesday, October 5, 2021 11:47 AM To: Otter Tail County Land <land@co.ottertail.mn.us> Subject: Land & Resource Management Variance Re: Variance for John & Renee Dittrich, 22148 Birdie Dr. Vining, MN Date of Hearing: 10/14/2021 Dear Sirs: I am 100% in favor of granting Mr. and Mrs. Dittrich a variance for their new home and garage. Their property does not line up with any of the other cottages in the area so would not look out of place. They will not obstruct anyone's view of the lake. The shape of their lot on the point of the lake would not allow a 100' set back from the shore. I personally can not think of one reason not to grant this variance. Dr. Michael J. & Lisa Vander Berg 22077 Birdie Dr. Vining, MN 1