HomeMy WebLinkAbout29000990616000_Variances_08-08-2019Variances
Barcode 128
1225034Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
JUL 1 5 2G;9
LAND&RtSOUBC^,
[ I i ^EROUS FALLS,he]
I 08/16/2019 11:56 AM
Mt Irins
iic /ffl PAGES 3
e.maA TE RE( 'D: Hi;y
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.ottertailcountymn.usOTTCR TAil
^ulikvdl/ Uc </]^nu>
_______1 hjuiH zo, toi^i
^ Accepted by |
Application Fee
Receipt Number
Date
Property Owner
Name Steven and Carla Wurzer; Michael & Karen Wurzer
Address 22359 Ferncliff Rd
City Clitherall
State MN
Zip 56524
Daytime
Phone 701-306-9341
Email mwurzer@gmail.com
Parcel Information
Lake Class gdLake No Lake Name West Battle56-239
Parcel Number(s)2900099061600029000990615000
Parcel Number(s)
SectionTownship Name 31Girard
Legal Description Lots 12 & 13 of South Point West Battle Lake, Section 31, Twp 133, Range 39
Physical Address 22359 Ferncliff Rd, Clitherall MN 56524
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback
/SubdivisionSewage SystemStructure Size
/MiscellaneousWECSCluster
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AN^IteVtAIL . . .
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: c. e > ^ ^SECTION OF ORDINANCE:IM.^. ^ lU-5-
VARIANCE REQUEST:
Amgndment to Variance Application by Steven and Carla Wurzer and Michael and Karen Wurzer regarding Lots 12 and 13 on Southpoint of West
Battle Lake, Section 31, Township 133, Range 39. The property address is 22359 Ferncliff Road, Clitherall, MN 56524.
).T ** IAs an alternative to the currently tabled variance application. Applicants request a variance to the 10 foot setback requirement of Section III.4 of the
Shoreland Management Ordinance for Lot 12 to allow the existing house to remain even though it currently is located approximately 9 inches from the
current lot line shared with Lot 13. As a condition of this variance, a maintenance easement will be granted to ensure that the owner of Lot 12 will be
able to access and maintain their property without trespassing or needing permission from the owner of Lot 13.
C ,• t .1 H iAs another alternative to the currently tabled variance application. Applicants request the lot line adjustment specified in the original application and a
variance from the minimum lot size and frontage requirements of Section III.3. of the Shoreland Management Ordinance if the Board determines that
the lot line adjustment requested creates new lots that need to comply with existing lots size and frontage requirements rather than the 66% rule of
MN Stat. Section 394.36. The lot size and frontages for each lot are specified on the drawing included with the original variance.
For all three alternative requests presented. Applicants will comply with all other ordinances, including setback and septic requirements.
U J)________SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER
kioi I
rT p"
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
OFFICE USE ONLY
Date of Board of Adjustment Hearing (/■ p> •Time
Motion
-7on..
7
Chairman/otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management XYesNo
Note: If Yes, contact Land & Resource Management
Copy of Application mailed/emailed to Applicant, County Assessor and MN DNR /WlLj 6u-S|LC SlALSI
L&R Official/Date
cl 01122019-001 2
Mo-kovo:
Steven & Carla Wurzer and Michael & Karen Wurzer - Variance Application Approved Option #2 as Requested (6:56 p.m.)
July 11,2019 Motion:
After consideration and discussion, Chris LeCIair, Administrator, Land & Resource Management made a recommendation to the
Board of Adjustment to table to allow Ben Olson, County Attorney to do more research to make sure the applicant is requesting a
variance from the proper ordinance as well as to allow the applicant to contact a septic designer to determine if a type I septic
system can be placed on Lots 12 & 13. Thomas Lee made a motion, seconded by Darren Newville and unanimously carried to
table with verbal permission of the applicant at this public hearing until August 8, 2019 Board of Adjustment hearing to allow
the applicant to have soil testing done on Lots 12 & 13 to verify that a type I septic system can be placed on each lot.
directly or indirectly grant any other variances for future development.
August 8. 2019 Motion:
After consideration and discussion, Darren Newville made a motion, seconded by Brent Frazier and unanimously carried to
approve Option #2 as indicated in the amended variance request (email dated July 15, 2019) to allow a lot line adjustment
between Lots 12 & 13 of South Point W BL as depicted on the drawing submitted with the original variance application dated
June 20, 2019 which will allow the dwelling structure on Lot 12 of South Point W BL to meet the 10’ lot line setback. Both
Lots 12 & 13 of South Point W BL are considered buildable for single family residential use and based on the Findings of Fact
and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an
official part of the minutes which has been placed on file with the Land & Resource Management Department. The variance as
approved does not directly or indirectly grant any other variances for future development.
5 .''; 7
■ •
Amy Busko
Chris LeClair
Tuesday, July 16, 2019 7:31 AM
Amy Busko
FW: Amendment to Wurzer Variance Application
From:
Sent:
To:
Subject:
Please come see me about this. Thank you
From: Michael Wurzer <mwurzer(5)gmail.com>
Date: Monday, July 15, 2019 at 6:04 PM
To: Chris LeClair <cleclair@co.ottertail.mn.us>
Subject: Amendment to Wurzer Variance Application
Chris,
Below is the language we'd like to add to amend our variance application. Please let me know if you need it in any other
format.
Thanks,
Mike
Amendment to Variance Application by Steven and Carla Wurzer and Michael and Karen Wurzer regarding Lots 12 and
13 on Southpoint of West Battle Lake, Section 31, Township 133, Range 39. The property address is 22359 Ferncliff
Road, Clitherall, MN, 56524.
Opbui-i
• As an alternative to the currently tabled variance application. Applicants request a variance to the 10 foot
setback requirement of Section III.4 of the Shoreland Management Ordinance for Lot 12 to allow the existing
I house to remain even though it currently is located approximately 9 inches from the current lot line shared with
Lot 13. As a condition of this variance, a maintenance easement will be granted to ensure that the owner of Lot
12 will be able to access and maintain their property without trespassing or needing permission from the owner
I of Lot 13.
* Ophbn
• As another alternative to the currently tabled variance application. Applicants request the lot line adjustment
specified in the original application and a variance from the minimum lot size and frontage requirements of
^ Section III.3. of the Shoreland Management Ordinance if the Board determines that the lot line adjustment
” requested creates new lots that need to comply with existing lots size and frontage requirements rather than
the 66% rule of MN Stat. Section 394.36. The lot size and frontages for each lot are specified on the drawing
included with the original variance.
For all three alternative requests presented. Applicants will comply with all other ordinances, including setback and
septic requirements.
Michael Wurzer | President of FBS
800-437-4232 | 701-306-9341 | Skype: mwurzer848
1
Date Stamp
RtCBVED
jUN 2 0 2tl9
vMD 8. RESOURCE
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.(\iy\-en.cV<c{
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falis MN 56537
218-998-8095
www.ottertailcountymn.usOTTCRTnil
Application Fee ^,^^0
JK)(^~0(3Receipt Number
3^Accepted by Date
Property Owner
Steven and Carla Wurzer; Michael and Karen WurzerName
Address 22359 Ferncliff Rd
City Clitherall
State MN
Zip 56524
Daytime
Phone
701-306-9341
Email mwurzer@gmail.com
Parcel Information
LskS CISSS General DevelopmentLake NameLake No West Battle Lake56-0239-00
Parcel Number(s)29000990615000
Parcel Number(s)29000990616000
SectionTownship Name Girard 31
Legal Description Section-31 Township-133 Range-039 SOUTH POINT W BL LOTS 12 and 13
Physical Address 22359 Ferncliff Rd, Clitherall, MN 56524
TYPE OF VARIANCE REQUESTED (Please Check)
Xstructure
Setback Structure Size SubdivisionSewage System
Cluster MiscellaneousWECS
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: Subdivision Controls Ordinance
Section I.6.ASECTION OF ORDINANCE:
VARIANCE REQUEST:
Lots 12 and 13 both meet the 66% rule of MN Stat. Sec. 394.36, with the exception of the residence on Lot 12 being 9 feet too close to the
lot line shared with Lot 13. Instead of tearing down or moving the residence on Lot 12, applicants propose to move the lot line between Lots
12 and 13 as shown on the attached drawing so that all setback and other requirements are met for both Lots 12 and 13, leaving both Lots
12 and 13 as buildable for single family residential use in compliance with all ordinances and the 66% rule of MN Stat. Sec. 394.36. The
variance being sought is to Section I.6.A of the Subdivision Controls Ordinance, which allows for subdivision for attachment to contiguous
lots where no residual lot remains. In this case. Lot 13 would remain as a separate buildable lot for single family residential use in
compliance with all setbacks, ordinances, and the 66% rule of MN Stat. Sec. 394.36.
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 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGEMENT REGARDING THIS MATTER.
C/-2-0).
SIGNATUREgF PRt^^^TY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
OFFICE USE ONLY
Date of Board of Adjustment Hearing Time 0 0 m
Motion
NVoVons.
Chairman/Otter Tail Coirnty Board of Adjustment
Permit(s) required from Land & Resource Management XYesNo
Note; If Yes, contact Land & Resource Management
Copy of Application maiied/emaiied to Appiicant, County Assessor and MN DNR
L&R Official/Date
cl 01122019-001 0
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCRTflIl
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: Steven & Carla Wurzer and Michael & Karen Wurzer___________
Address/Parcel No. 22359 Ferncliff Rd./29000990615000 & 29000990616000
Requested Variance: Amendment to Variance Application by Steven and Carla Wurzer and Michael and Karen Wurzer regarding Lots
12 and 13 on Southpoint of West Battle Lake, Section 31, Township 133, Range 39. The property address is 22359 Ferncliff Road.
Clitherall. MN. 56524.
• As an alternative to the currently tabled variance application. Applicants request a variance to the 10 foot setback
requirement of Section III.4 of the Shoreland Management Ordinance for Lot 12 to allow the existing house to.remairi even
though it currently is located approximately 9 inches from the current lot line shared with Lot 13. As a condition of this
variance, a maintenance easement will be granted to ensure that the owner of Lot 12 \will be able to access and maintain
their property without trespassing or needing permission from the owner of Lot 13.
• As another alternative to the currently tabled variance application. Applicants request the lot line adjustment specified in
the original application and a variance from the minimum lot size and frontage reduirements of.Sectioh III.3. of the
Shoreland Management Ordinance if the Board determines that the lot line adjustment requested creates new lots that
need to comply with existing lots size and frontage requirements rather than the 66% rule of MN Stat. Section 394.36. The
, lot size and frontages for each lot are specified on the drawing included with the original variance.
For all three alternative requests presented, Applicants will comply with all other ordinances, including setback and
septic requirements.
Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord.
Ordinance Section Citation: Section III. 3 & III. 4_________________________________________________ - ^
A variance may be granted only where the strict enforcement of county land use controls will result jn a "practical difficulty". A '''
determination that a practical difficulty exists is based upon cdnsideratio^n of the following criteria:
The applicant identified the following practical difficulty: Ben Olson. Otter Tail County Attorney spoke on behalf of Michael Wurzer
and'gave brief overview of the proposed amended variance application.____________________________. _______________
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:
By granting the variance both lots would be incompliance with the official controls.
■
Is the property owner proposing to use the property in a reasonable manner not permitted by the officiai controi? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
2.
By applying the 66% Rule makes Lot 13 a buildable lot.
Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, biuff, 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:
3.
Lots 12 & 13 were combined prior to the current landowners owning the property.
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, simiiar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential chararter of the locality....
No, the issuance of the variance \will NOT maintain the essential character of the locality...
...because:
4.
V■4-
There are similar structures and lot sizes in the neighborhood.
Does the need for the variance involve more than just economic considerations? (The board shall considerif economics played
a role in the request. The fact that earning 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:
5.
■
Lots were previously combined.
The Otter Tail County Board of Adjustment: APPROVES X ^ the rjequested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: August 8. 2019 ■I
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.
Mark & Tamara Kath - Variance Application Approved as Requested (6:48 p.m.)
Mark & Tamara Kath, Pt of GL 2, Big McDonald Lake in Edna Township, requested the following: To replace existing garage with
new structure being 3 feet from the lot line (requirement is 10 feet). Requesting to be at 31% impervious surface (existing is at 40%).
Mark & Tamara Kath represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Steve Schierer made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to
approve the variance as requested to replace the existing garage with a new structure being 3’ from the lot line. The hardship/practical
difficulty is the lot size and the wetland located on the backside of the lot and based on the Findings of Fact and Decision Form, which
contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which
has been placed on file with the Land & Resource Management Department. It was noted that the impervious surface is being reduced
from 40% to 31%. The variance as approved does not directly or indirectly grant any other variances for future development.
Sandy & Mark Anderson - Variance Application Approved as Requested (6:53 p.m.)
Sandy & Mark Anderson, Pt of GL 1, Lida Lake in Lida Township, requested the following: We are requesting a variance to be 2’-6”
form the lotline for the construction of a second story addition to an existing lake cabin. By adding a second story, we are minimizing
additional impact to the property and improving the property’s overall appearance. The structure sits 2’-6” from the neighboring
property line and is currently non-compliant with the Otter Tail County Shoreland Management Ordinance. Therefore, we would like
to request that the project take place outside the 10’ lotline setback requirement.
Sandy & Mark Anderson represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and unanimously carried to approve
the variance as requested to add a second story addition to the existing lake cabin being 2’-6” from the lotline and based on the
Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and
incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It
was noted that this is an improvement to the structure, will not be increasing the impervious surface coverage and the structure was
built in the early 1960’s. The variance as approved does not directly or indirectly grant any other variances for future development.
Steven & Carla Wurzer and Michael & Karen Wurzer - Variance Application Approved Option #2 as Requested (6:56 p.m.)
July 11. 2019 Request
Steven & Carla Wurver, Lots 12 & 13 of South Point W BL, West Battle Lake in Girard Township, request the following: Lots 12 and
13 both meet the 66% rule of MN Stat. Sec. 394.36, with the exception of the residence on Lot 12 being 9 feet too close to the lot line
shared with Lot 13. Instead of tearing down or moving the residence on Lot 12, applicants propose to move the lot line between Lots
12 and 13 as shown on the attached drawing so that all setback and other requirements are met for both Lots 12 and 13, leaving both
Lots 12 and 13 as buildable for single family residential use in compliance with all ordinances and the 66% rule of MN Stat. Sec.
394.36. The variance being sought is to Section 1.6. A of the Subdivision Controls Ordinance, which allows for subdivision for
attachment not contiguous lots where no residual lot remains. In this case. Lot 13 would remain as a separate buildable lot for single
family residential use in compliance with all the setbacks, ordinance, and the 66% rule of MN Stat. Sec. 394.36.
The application was represented by Michael Wurzer. The audience was polled with no one speaking for or against the variance as
requested. A letter from John Lindner in support of the variance request was read for the record and Paula Lang submitted a letter in
opposition to the variance request which was read for the record as well.
After consideration and discussion, Chris LeClair, Administrator, Land & Resource Management made a recommendation to the
Board of Adjustment to table to allow Ben Olson, County Attorney to do more research to make sure the applicant is requesting a
variance from the proper ordinance as well as to allow the applicant to contact a septic designer to determine if a type I septic system
can be placed on Lots 12 & 13. Thomas Lee made a motion, seconded by Darren Newville and unanimously carried to table with
verbal permission of the applicant at this public hearing until August 8, 2019 Board of Adjustment hearing to allow the applicant to
have soil testing done on Lots 12 & 13 to verify that a type 1 septic system can be placed on each lot.
Board of Adjustment
August 8, 2019
Page I 2
Steven & Carla Wurzer and Michael & Karen Wurzer - Continued
Au2ust 8, 2019 Amended Request
Steven & Carla Wurver, Lots 12 & 13 of South Point W BL, West Battle Lake in Girard Township, request the following:
Amendment to Variance Application by Steven and Carla Wurzer and Michael and Karen Wurzer regarding Lots 12 and 13 on
Southpoint of West Battle Lake, Section 31, Township 133, Range 39. The property address is 22359 Femcliff Road, Clitherall, MN,
56524.
As an alternative to the currently tabled variance application. Applicants request a variance to the 10 foot setback requirement
of Section 1II.4 of the Shoreland Management Ordinance for Lot 12 to allow the existing house to remain even though it
currently is located approximately 9 inches from the current lot line shared with Lot 13. As a condition of this variance, a
maintenance easement will be granted to ensure that the owner of Lot 12 will be able to access and maintain their property
without trespassing or needing permission from the owner of Lot 13.
• As another alternative to the currently tabled variance application, Applicants request the lot line adjustment specified in the
original application and a variance from the minimum lot size and frontage requirements of Section III.3. of the Shoreland
Management Ordinance if the Board determines that the lot line adjustment requested creates new lots that need to comply
with existing lots size and frontage requirements rather than the 66% rule of MN Stat. Section 394.36. The lot size and
frontages for each lot are specified on the drawing included with the original variance.
For all three alternative requests presented. Applicants will comply with all other ordinances, including setback and septic
requirements.
Michael Wurzer represented the application. The audience was polled with no one speaking for or against the variance as requested. A
letter was read in support of the variance request from John Lindner.
After consideration and discussion, Darren Newville made a motion, seconded by Brent Frazier and unanimously carried to approve
Option #2 as indicated in the amended variance request (email dated July 15, 2019) to allow a lot line adjustment between Lots 12 &
13 of South Point W BL as depicted on the drawing submitted with the original variance application dated June 20, 2019 which will
allow the dwelling structure on Lot 12 of South Point W BL to meet the 10’ lot line setback. Both Lots 12 & 13 of South Point W BL
are considered buildable for single family residential use and based on the Findings of Fact and Decision Form, which contains the
criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been
placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any
other variances for future development.
Anne Alzheimer and Carla & Chris Berger - Variance Application Approved Option B as Requested (7:10 p.m.)
Anne Alzheimer and Carla & Chris Berger, Lot 4 of Beauty Beach, Otter Tail Lake in Amor Township, requested the following: We
are requesting a variance from the 10’ lot line setback ordinance on the western side of our lot. We would like to replace the existing
deteriorating structure on the lot with a new cabin. New structure would be moved back to the 75’ OHWL and put in-line with cabins
on either side. We will maintain a 10’ setback on the east side lot line to preserve the trees and other foliage and are requesting a 3’
variance from the 10’ setback on the west side of our lot, due to the tapered shape of our narrow lot: 50’ lake side down to 44’
roadside, in order to fit the 30’ x 52’ dwelling. The project will also include relocation of the existing shed to be compliant with the
10’ lot line setback.
Carla & Chris Berger represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to
approve Option B to replace the existing dwelling being 6’ from both side lotlines and as indicated in the variance application dated
July 12, 2019 as well as depicted on the drawing labeled Option B submitted with the variance application and based on the Findings
of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an
official part of the minutes which has been placed on file with the Land & Resource Management Department. The practical
difficulty/hardship is the size and shape of the lot. The variance as approved does not directly or indirectly grant any other variances
for future development.
Board of Adjustment
August 8, 2019
Page 13
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:
Steven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
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 8, 2019 at 6:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to theJocal 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. - 29000990615000 & 29000990616000
Lots 12 & 13 of South Point W BL
Section 31, Township 133, Range 39
Township Name - Girard
West Battle Lake (56-239), General Development (GD)
22359 Ferncliff Rd., Clitherall MN 56524
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Amendment to Variance Application by Steven and Carla Wurzer and Michael and Karen Wurzer
regarding Lots 12 and 13 on Southpoint of West Battle Lake, Section 31, Township 133, Range 39. The
property address is 22359 Ferncliff Road, Clitherall, MN, 56524.
• As an alternative to the currently tabled variance application. Applicants request a variance to
the 10 foot setback requirement of Section III.4 of the Shoreland Managejnent Ordinance for Lot
12 to allow the existing house to remain even though it currently is located approximately 9
inches from the current lot line shared with Lot 13. As a condition of this variance, a
maintenance easement will be granted to ensure that the owner of Lot 12 will be able to access
and maintain their property without trespassing or needing permission from the owner of Lot
13.
ottertailcountymn.us@218-998r8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
• As another alternative to the currently tabled variance application, Applicants request the lot
line adjustment specified in the original application and a variance from the minimum lot size
and frontage requirements of Section III.3. of the Shoreland Management Ordinance if the
Board determines that the lot line adjustment requested creates new lots that need to comply
with existing lots size and frontage requirements rather than the 66% rule of MN Stat. Section
394.36. The lot size and frontages for each lot are specified on the drawing included with the
original variance.
For all three alternative requests presented. Applicants will comply with all other ordinances, including
setback and septic requirements.
Amy Busko
Board of Adjustment Secretary
July 25, 2019
I
flexmls.conn | (SDmwurzer | +mwurzer
Learn more about us!
What's FBS all about?
The Flexmls customer point of view
U-
2
5 'Vvt S
dv^tA.wSiA^b*^ ‘ Hnd "f?amc(\,kQPROJECT STATISTICS RECEIVED
JUN 2 0 2019LOT 12 SIZE:
ALLOWABLE IMPERVIOUS (25%):
19,404 FP
4,851 FP Me,.,"11 ND& RESOURCE^ooo GO
liVi€- 'JttiA'4wik
'?vetiy,aT \
BASED ON THE MN LAKE LEvI ■ORTEXISTING
DATE 10-17-I71,993 FP
2,025 FP
390 FP
60 FP
HOUSE FOOTPRINT:
DRIVEWAY (CONCRETE/GRAVEL):
DECK AND PATIO:
LANDSCAPE EDGING:
P-f
WEST BAnte..^OD ORDINARY HlfH WATER (OH
ELEVATION = B33.6
EXISTING
RETAININdWALL to4,468 FP
(23%)
LOT 12 TOTAL EXISTING IMPERVIOUS:
POTENTIAL AREA fOR ^ oNEW SEPTIC SYSTEM °XLOT 13 SIZE:
ALLOWABLE IMPERVIOUS (25%):
15,954 FP
3,989 FP “ r
X r
9 :
— Z)
z
^7.EXISTING
(VACANT LOT)
US-FP
BUHDABIE
•^TRINGLINF
OFT*LOT 13 TOTAL EXISTING IMPERVIOUS:
CORNERS OF NBGHBORING
STRUCTURES TO ESTABLISH
■STRINGUNr FOR STRUCTURE SETBACK
(0%)
2017 MINNESOTA STATUTE
394.36 NONCONFORMITIES
SUBDIVISION 5 - EXISTING NONCONFORMING LOTS IN
SHORELAND AREAS.PROPOSED LOT 13 BUILDABLE AREA AFTER
LOT UNE ADJUSTMENT
PROPOSAL TO BUILD A SINGLE-FAMILY DWELLING ON LOT
13 AS IT MEETS THE DIMENSIONAL REQUIREMENTS OF
MINNESOTA STATE STATUTUE 394.36 SUBDIVISION 5
SECTION C
area INDICATING WESTERN LOT LINE ADJUSTMENT
OF LOT 13 TO BE ALLOC ATED TO LOT 12
POTENTIAL AREA FOR
NEW SEPTIC SYSTEM
POTENTIAL DRIVEWAY lOCAIlQN- THE LOT MUST BE 66% OF THE DIMENSIONAL STANDARD
FOR LOT WIDTH AND LOT SIZE
- THE LOT MUST BE SUITABLE FOR THE INSTALLATION OF A
TYPE I SEWAGE TREATMENT SYSTEM
- IMPERVIOUS SURFACE COVERAGE IS UNDER 25%
- DEVELOPMENT OF THE LOT MUST BE CONSISTENT WITH
AN ADOPTED COMPREHENSIVE PLAN.
\SITE PLAN
JOB NUMBER1814
DATE
2018-71?
EXISTING
SITE PLAN
ClOO
Ace Brandt - Continued
After consideration and discussion, Darren Newville made a motion, seconded by Douglas Larson unanimously carried to approve the
proposed project as indicated in the variance application dated June 16, 2019 and as depicted on the drawing submitted with the
application to construct new retaining walls and based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on
file with the Land & Resource Management Department. It was noted that this is a maintenance and improvements. The variance as
approved does not directly or indirectly grant any other variances for future development.
Steve & Jan George - Variance Application Approved as Requested (7:10 p.m.)
Steve & Jan George, CIC #40, Lot 4 & Int in Outlot A Common Elements, Leek/Trowbridge Lake in Candor Township, request the
following: Existing structure (including cabin and deck) begin 50’ from OFIWL. We are asking to add an 8 x 8 deck on the NW side
of cabin to make deck into a rectangle instead of the current L-shape. This proposed addition to the deck would begin at 62’ from the
OHWL. Current requirement is 100’
The application was represented by Jan George. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and unanimously carried to approve
the variance request to add an 8’ x 8’ deck on the NW side of the cabin approximately 62’ from the ordinary high water level and
based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to
and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department.
The variance as approved does not directly or indirectly grant any other variances for future development.
c Steven & Carla Wurzer -Tabled (7:14 p.m.)
Steven & Carla Wurc'er, Lots 12 & 13 of South Point W BL, West Battle Lake in Girard Township, request the following; Lots 12 and
13 both meet the 66% rule of MN Stat. Sec. 394.36, with the exception of the residence on Lot 12 being 9 feet too close to the lot line
shared with Lot 13. Instead of tearing down or moving the residence on Lot 12, applicants propose to move the lot line between Lots
12 and 13 as shown on the attached drawing so that all setback and other requirements are met for both Lots 12 and 13, leaving both
Lots 12 and 13 as buildable for single family residential use in compliance with all ordinances and the 66% rule of MN Stat. Sec.
394.36. The variance being sought is to Section 1.6. A of the Subdivision Controls Ordinance, which allows for subdivision for
attachment not contiguous lots where no residual lot remains. In this case. Lot 13 would remain as a separate buildable lot for single
family residential use in compliance with all the setbacks, ordinance, and the 66% rule of MN Stat. Sec. 394.36.
The application was represented by Michael Wurzer. The audience was polled with no one speaking for or against the variance as
requested. A letter from John Lindner in support of the variance request was read for the record and Paula Lang submitted a letter in
opposition to the variance request which was read for the record as well.
After consideration and discussion, Chris LeClair, Administrator, Land & Resource Management made a recommendation to the
Board of Adjustment to table to allow Ben Olson, County Attorney to do more research to make sure the applicant is requesting a
variance from the proper ordinance as well as to allow the applicant to contact a septic designer to determine if a type 1 septic system
can be placed on Lots 12 & 13. Thomas Lee made a motion, seconded by Darren Newville and unanimously carried to table with
verbal permission of the applicant at this public hearing until August 8, 2019 Board of Adjustment hearing to allow the applicant to
have soil testing done on Lots 12 & 13 to verify that a type I septic system can be placed on each lot.
John L. Mari, Et A1 - Variance Application Approved as Requested (7:53 p.m.)
John L. Mari, Lot 9 - McDonald Lake Estates, Little McDonald Lake in Edna Township, request the following: For roof replacement
on an existing 12’x26’ Porch 62’ from OHWL, a variance of 12’ from the required setback of 75’. New cabin meets all lake setbacks,
no variance required on that portion.
The application was represented by John Mari. The audience was polled with no one speaking for or against the variance as requested.
After consideration and discussion, Steve Schierer made a motion, seconded by David Wass and unanimously carried to approved the
variance request to replace the roof on the existing I2’x 26’ porch being 62’ from the ordinary high water level which can be no closer
than the existing porch as depicted on the drawing submitted with the variance application dated June 19, 2019 and 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 has been placed on file with the Land & Resource Management Department. The
variance as approved does not directly or indirectly grant any other variances from proposed or future development.
Page I 3 July 11,2019
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:
Steven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment \will assemble for this hearing on
Thursday, July 11, 2019 at 6:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, piease listen to the locai Fergus Falis
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduiing of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 29000990615000 & 29000990616000
Lots 12 & 13 of South Point W BL
Section 31, Township 133, Range 39
Township Name - Girard
West Battle Lake (56-239), General Development (GD)
22359 Ferncliff Rd., Clitherall MN 56524
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Lots 12 and 13 both meet the 66% rule of MN Stat. Sec. 394.36, with the exception of the residence on Lot 12
being 9 feet too close to the lot line shared with Lot 13. Instead of tearing down or moving the residence on Lot
12, applicants propose to move the lot line between Lots 12 and 13 as shown on the attached drawing so that all
setback and other requirements are met for both Lots 12 and 13, leaving both Lots 12 and 13 as buildable for
single family residential use in compliance with all ordinances and the 66% rule of MN Stat. Sec. 394.36. The
variance being sought is to Section I.6.A of the Subdivision Controls Ordinance, which allows for subdivision for
attachment not contiguous lots where no residual lot remains. In this case. Lot 13 would remain as a separate
buildable lot for single family residential use in compliance with all the setbacks, ordinance, and the 66% rule of
MN Stat. Sec. 394.36.
A/Jij' Busko
Board of Adjustment Secretary
June 27, 2019
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
AvV\f V\fl
Af|3iica'hon
'IMMs ^9mm-'. ■ 'ftm
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 25th day of July, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Lake AssociationTownship ClerkProperty Owner
Carol Jacobson, Deputy Clerk West Battle Lake Association
Girard Township
24893 Palace Rd
Battle LakeMN 56515
Steven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
Blaine Larson
38323 Front St.
Battle Lake MN 56515
City Clerk (if located within 2 miles of a city) Kathy Staples, Clerk, City of Clitherall, 102 Oak St. N., Clitherall MN 56524
<0 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
ionald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
^^ig Pine:Pelicafff, Fi^, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
Big McDonald:
Devjl^(N^ Perham):
Little
LU
Pine Lakes Imp, Dist., PO Box 405, Perham, MN 56573Little
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, 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:
Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551
R. Stephen Schierer 32117 260"' Ave, Erhard MN 56534
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
Planning Commission Member: David Wqoo, 20133 ZOO'" Ot. Underwood MN 56506 i r-ir-i-7
, fo Boy-2-S5 , pflica.n
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
/FileDated: July 25, 2019
1Extra
BOA Members___^
Amy Busko, Secretary
Otter Tail County Board of Adjustment
1PC Member
Envelopes _
TOTAL NOTICES TO PRINT
Lj^Added to Agenda ^^^Map
p^^Minutes
Amy Busko
By:
5?
Print out Findinqs of Fact Sheet
w BiNewspapers FPAT
l:\BOA\Affidavits\Wurzer1 (239) 07-11-19.docx
Buffer Parcels
Addr2 Citv St ZiD
Minneapolis MN 55409 1088
AddrlParcel No Name 1 Name 2
29000310207000 Walter Johnson Jr 3701 Bryant AveS #412
Bloomington MN 55438 147129000310208000 Feme Cliffe Farms LLC 8983 Mairabo CirAttn Steven Kirchner
Lehi UT 84043 295929000990455000 Jack W & N Jean Sunderlage 3287 N 620 E
Lehi UT 84043 295929000990456000 Jack W & N Jean Sunderlage 3287 N 620 E
Cedar Rapids lA 52402 4012C/o Joseph C Mashek29000990456001 Mb Lake LLC 1136 30th St NE
C/o Joseph C Mashek Cedar Rapids lA 52402 40121136 30th St NE29000990457000 Mb Lake LLC
Fox Point Wl 53217 29407863 North Club Cir29000990458000Benjamin F Garmer lii
Minneapolis MN 55409 108829000990474000 Walter Johnson Jr 3701 Bryant Ave S #412
Arden Hills MN 55112 690529000990604000 Patrick M & Judith H Mcdonald 3620 Pascal Ave
Fergus Falls MN 56537 194829000990605000 Tony D Rendz 638 Spruce St
Minneapolis MN 55439 1646Teresa F & Bradley J Nelson 6820 Valley View Rd29000990606000
Gillette WY 82718 842629000990607000 Gregory J & Shirley J Pasek 4106 Force Rd
Plymouth MN 55446 45915550 Upland Ln N29000990608000 Nicholas R & Lindsay R Gust
Clitherall MN 56524 963322819 Ferncliff LnMark Allen & Ann I Anderson29000990609000
Fergus Falls MN 56537 710929000990610000 Michael Casey 12979 270th St
Clitherall MN 56524 0130Douglas W & Karen Brewers PO Box 13029000990611000
Clitherall MN 56524 963322812 Ferncliff Ln29000990612000 Ronald Weibye
Madison SD 57042 2301Jackie & Connie Frisby-griffin 418 5th StNE29000990613000
Ham Lake MN 55304 682329000990614000 Timothy S & Paula K Lange 3705 139th Ave NE
Fargo ND 58104 6266Steven P Wurzer Et Al 720 Ironwood Ct S29000990615000
Fargo ND 58104 6266Steven P Wurzer Et Al 720 Ironwood Ct S29000990616000
Elbow Lake MN 56531 023329000990617000 Troy J & Tanya J Gillespie PO Box 233
Clitherall MN 56524 9632Marlys K Dotzenrod Tst 22379 Ferncliff Rd29000990618000
Page 1 of 2Thursdav, Julv 18, 2019
Parcel No Addr 1 Addr 2 Citv St ZipName 1 Name 2
29000990619000 John M Lindner 1st 22381 Ferncliff Rd Clitherall MN 56524 9632
29000990620000 Gale K Ireland Minneapolis MN 55419 16375709 Dupont Ave S
29000990621000 Steven E & Mary K Pasek Shoreview MN 55126 6404961 Dawn Ave N
29000990622000 Jacque Bailley Centennial CO 80122 38197861 G}encoe Way S
29000990623000 Lois B Smith Trustee Et Al 1038 60th Ave SW Montevideo MN 56265 3223Attn Lawrence D Smith
Thursday. July 18, 2019 Page 2 of 2
Buffer Mail
Address i City, State, ZipAddress 2Name
Mark Allen & Ann I Anderson 22819 Ferncliff Ln ClitheralIMN 56524 9633
Jacque Bailley 7861 Glencoe Way S Centennial CO 80122 3819
Douglas W & Karen Brewers Clitherall MN 56524 0130PO Box 130
Michael Casey 12979 270th St Fergus Falls MN 56537 7109
Feme Cliffe Farms LLC 8983 Mairabo Or Bloomington MN 55438 1471
Jackie & Connie Frisby-griffin 418 5th St NE Madison SD 57042 2301
7863 North Club OrBenjamin F Garmer lii Fox Point Wl 53217 2940
Troy J & Tanya J Gillespie Elbow Lake MN 565310233PO Box 233
Nicholas R & Lindsay R Gust 5550 Upland Ln N Plymouth MN 55446 4591
Gale K Ireland Minneapolis MN 55419 16375709 Dupont Ave S
John M Lindner Tst 22381 Ferncliff Rd Clitherall MN 56524 9632
Walter Johnson Jr Minneapolis MN 55409 10883701 Bryant Ave S #412
Timothy S & Paula K Lange 3705 139th Ave NE Ham Lake MN 55304 6823
Lois B Smith Trustee Et Al 1038 60th Ave SW Montevideo MN 56265 3223
Marlys K Dotzenrod Tst 22379 Ferncliff Rd Clitherall MN 56524 9632
Mb Lake LLC 1136 30th St NE Cedar Rapids lA 52402 4012
Patrick M & Judith H Mcdonald 3620 Pascal Ave Arden Hills MN 55112 6905
Teresa F & Bradley J Nelson 6820 Valley View Rd Minneapolis MN 55439 1646
Gregory J & Shirley J Pasek 4106 Force Rd Gillette WY 82718 8426
Steven E & Mary K Pasek 961 Dawn Ave N Shoreview MN 55126 6404
Thursday, July 18, 2019 Page 1 of 2
Address i City, State, Zip
Fergus Falls MN 56537 1948
Address 2Name
. Tony D Rendz 638 Spruce St
Steven P Wurzer Et Al 720 Ironwood Ct S Fargo ND 58104 6266
Jack W & N Jean Sunderlage 3287 N 620 E Lehi UT 84043 2959
Ronald Weibye 22812 Ferncliff Ln Clitherall MN 56524 9633
Thursday, July 18, 2019 Page 2 of 2
/-•<<
i?vl-ec\PROJECT STATISTICS RECEIVED
JUN 2 0 2019LOT 12 SIZE:
ALLOWABLE IMPERVIOUS (25%):
19,404 FT^
4,851 FP ND&RESOURCFooO oO
WATERS EDGE nELEVATION = 1333.6026 u2BASED ON THE MN LAKE LEVEL REPORTEXISTING o
III «DATE 10-17-17oOO1,993 FP
2,025 FP
390 FP
60 FP
HOUSE FOOTPRINT:
DRIVEWAY (CONCRETE/GRAVEL):
DECK AND PATIO:
LANDSCAPE EDGING:
O
WEST BATTLE Xo
ORDINARY HIGH WATER |OHW)
ELEVATIONS 1333.6 o<
lU ^
X -•
<sEXISTING
RETAINING WALL4,468 FP
(23%)
LOT 12 TOTAL EXISTING IMPERVIOUS:>- 5
LU "
-■>
<“J
M 3Ou< .POTENTIAL AREA FOR <NEW SEPTIC SYSTEM O
LOT 13 SIZE;
ALLOWABLE IMPERVIOUS (25%);
15,954 FP
3,989 FP
ee
>lU
oo -z
N Z oc
3 ^
— 3
X ^EXISTING
(VACANT LOT)
CO
S"u"-FP
BUILDABLE
'STRINGLINF'
OFPLOT 13 TOTAL EXISTING IMPERVIOUS:
CORNERS OF NEIGHBORING
STRUCTURES TO ESTABLISH
•'STRINGLINF' FOR STRUCTURE SETBACK
(0%)
2017 MINNESOTA STATUTE
394.36 NONCONFORMITIES
SUBDIVISION 5 - EXISTING NONCONFORMING LOTS IN
SHORELAND AREAS.PROPOSED LOT 13 BUILDABLE AREA AFTER
LOT LINE ADJUSTMENT
PROPOSAL TO BUILD A SINGLE-FAMILY DWELLING ON LOT
13 AS IT MEETS THE DIMENSIONAL REQUIREMENTS OF
MINNESOTA STATE STATUTUE 394.36 SUBDIVISION 5
SECTION C
AREA INDICATING WESTERN LOT LINE ADJUSTMENT
OF LOT 13 TO BE ALLOCATED TO LOT 12
POTENTIAL AREA FOR
NEW SEPTIC SYSTEM
POTENTIAL DRIVEWAY LOCATION- THE LOT MUST BE 66% OF THE DIMENSIONAL STANDARD
FOR LOT WIDTH AND LOT SIZE
- THE LOT MUST BE SUITABLE FOR THE INSTALLATION OF A
TYPE I SEWAGE TREATMENT SYSTEM
- IMPERVIOUS SURFACE COVERAGE IS UNDER 25%
- DEVELOPMENT OF THE LOT MUST BE CONSISTENT WITH
AN ADOPTED COMPREHENSIVE PLAN.
7\|SITE PLAN
JOB NUMBERSC AlE; 1 /32' = 1 -O'
(llA
(22>34 SHEET S17 SHEET SIZE) IZE)
1/16" " r-O"1814
DATE
2018-7-19
EXISTING
SITE PLAN
ClOO
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 27th day of June, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Lake AssociationTownship ClerkProperty Owner
Carol Jacobson, Deputy Clerk West Battle Lake Association
Blaine Larson
38323 Front St.
Battle Lake MN 56515
Steven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
Girard Township
24893 Palace Rd
Battle Lake MN 56515
City Clerk (if located within 2 miles of a city) Kathy Staples, Clerk, City of Clitherall, 102 Oak St. N., Clitherall MN 56524
n 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
Devijs (Naflf Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Littlelw|Bonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little yl^^ig Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelicam, Fi^, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:
LU
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, 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:
Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551
R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534
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
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
iFileDated: June 27, 2019
-1Extra
BOA Members
PC Member__
Envelopes___
TOTAL NOTICES TO PRINT _
^^Added to Agenda ^^Map
Li^Print out Findings of Fact Sheet
Newspapers
Amy Busko, Secretary
Otter Tail County Board of Adjustment El
FOF
Amy Busko PiBy:
l:\BOA\Affidavits\Wurzer (239) 07-11-19.docx
Buffer Parcels
Parcel No
29000310207000
Name 1
Walter Johnson Jr
Addrl Addr2Name 2 Citv St Zio
Minneapolis MN 55409 1088
• f ;•3701 Bryant AveS#412
29000310208000 Feme Cliffe Farms LLC Attn Steven Kirchner 8983 Mairabo Cir Bloomington MN 55438 1471
Jack W 8i N Jean Sunderlage29000990455000 3287 N 620 E Lehi UT 84043 2959
r
29000990456000 ■■ Jack W 8t N Jean Sunderlage 3287 N 620 E Lehi UT 84043 2959
29000990456001 Mb Lake LLC C/o Joseph C Mashek 1136 30th St NE Cedar Rapids iA 52402 4012
29000990457000 ' Mb Lake LLC C/o Joseph C Mashek 1136 30th St NE Cedar Rapids IA 52402 4012
29000990458000 Benjamin F Garmer lii 7863 North Club Cir Fox Point Wl 53217 2940
29000990474000 Walter Johnson Jr Minneapolis MN 55409 10883701 Bryant Ave S #412
29000990604000 Patrick M 8i Judith H Mcdonald 3620 Pascal Ave Arden Hills MN 55112 6905
29000990605000 Tony D Rendz 638 Spruce St Fergus Falls MN 56537 1948
ri
29000990606000 Teresa F & Bradley J Nelson 6820 Valley View Rd Minneapolis MN 55439 1646
29000990607000 Gregory J & Shirley J Pasek 4106 Force Rd Gillette WY 82718 8426
29000990608000 Nicholas R & Lindsay R Gust Plymouth MN 55446 45915550 Upland Ln N
29000990609000 Mark Allen & Ann I Anderson 22819 Ferncliff Ln Clitherall MN 56524 9633
Fergus Falls MN 56537 7109Michael Casey29000990610000 12979 270th St
29000990611000 Douglas W & Karen Brewers Clitherall MN 56524 0130PO Box 130
29000990612000 Ronald Weibye 22812 Ferncliff Ln •Ciitherall MN 56524 9633
Jackie & Connie Frisby-griffin29000990613000 418 5th StNE Madison SD 570422301
29000990614000 Timothy S & Pauia K Lange Ham Lake MN 55304 68233705 139th Ave NE
29000990615000 Steven P Wurzer Et Ai 720 ironwood Ct S Fargo ND 58104 6266
29000990616000 Steven P Wurzer Et Al ’720 Ironwood Ct S Fargo ND 58104 6266
29000990617000 Troy J & Tanya J Gillespie Eibow Lake MN 56531 0233PO Box 233
29000990618000 Mariys K Dotzenrod Tst 22379 Ferncliff Rd Clitherall MN 56524 9632
Fridav. June 21. 2019 Page 1 of 2
Addr 2Parcel No Addrl Citv St ZipName 1 Name 2
Clitherall MN 56524 963222381 Ferncliff Rd29000990619000 John M Lindner Tst
Minneapolis MN 55419 163729000990620000 Gale K Ireland 5709 Dupont Ave 5
Shoreview MN 55126 640429000990621000 Steven E & Mary K Pasek 961 Dawn Ave N
Centennial CO 80122 381929000990622000 Jacque Bailley 7861 Glencoe Way 5
Montevideo MN 56265 322329000990623000 Lois B Smith Trustee Et Al 1038 60th Ave SWAttn Lawrence D Smith
»
Page 2 of 2Friday. June 21, 2019
Buffer Mail
Address i City, State, ZipAddress 2Name
22819 Ferncliff Ln Clitherall MN 56524 9633Mark Allen & Ann I Anderson
Centennial CO 80122 38197861 Glencoe Way SJacque Bailley
Clitherall MN 56524 0130Douglas W & Karen Brewers PO Box 130
Fergus Falls MN 56537 7109Michael Casey 12979 270th St
Bloomington MN 55438 1471Feme Cliffe Farms LLC 8983 Mairabo Cir
Jackie &. Connie Frisby-griffin Madison SD 57042 2301418 5th St NE
Fox Point Wl 53217 29407863 North Club CirBenjamin F Garmer lii
Elbow Lake MN 56531 0233Troy J & Tanya J Gillespie PO Box 233
Plymouth MN 55446 4591Nicholas R & Lindsay R Gust 5550 Upland Ln N
Minneapolis MN 55419 1637Gale K Ireland 5709 Dupont Ave S
Clitherall MN 56524 963222381 Ferncliff RdJohn M Lindner Tst
Walter Johnson'Jr Minneapolis MN 55409 10883701 BryantAveS#412
Timothy S & Paula K Lange 3705 139th Ave NE Ham Lake MN 55304 6823
Montevideo MN 56265 3223Lois B Smith Trustee Et Al 1038 60th Ave SW
22379 Ferncliff Rd Clitherall MN 56524 9632Marlys K Dotzenrod Tst
Cedar Rapids lA 52402 4012Mb Lake LLC 1136 30th St NE
3620 Pascal Ave Arden Hills MN 55112 6905,.Pafrick'M;&:Judith H Mcdonald
Minneapolis MN 55439 1646Teresa F & Bradley J Nelson 6820 Valley View Rd
Gregory J & Shirley J Pasek Gillette WY 82718 84264106 Force Rd
Shoreview MN 55126 6404Steven E & Mary K Pasek 961 Dawn Ave N
Page 1 of 2Friday, June 21, 2019
Address iName Address 2 City, State, Zip
Fergus Falls MN 56537 1948Tony D Rendz 638 Spruce St
Steven P Wurzer Et Al 720 Ironwood Ct S Fargo ND 58104 6266
Jack W & N Jean Sunderlage 3287 N 620 E Lehi UT 84043 2959
Ronald Weibye 22812 Ferncliff Ln Clitherall MN 56524 9633
Friday, June 21, 2019 Page 2 of 2
1 I
PROJECT STATISTICS C H I I S
A ■ C H
A W I f T
f ( C T tRECEIVED
2534 UN) ARGO
0_ 1
VCHSITY D
NO 5 8..-
4 ? d .4 6 0 0
RIVE
0 3JUN 2 0 2G19LOT 12 SIZE:
ALLOWABLE IMPERVIOUS (25%):
19,404 FT*
4,851 R*ND& RESOURCEA
CO
WATERS EDGE fOELEVATION = 1333.6 u2BASED ON THE MN LAKE LEVEL REPORTEXISTING CODATE 10-17-17 111 «1,993 R*
2,025 FT*
390 R*
60 FT*
HOUSE FOOTPRINT:
DRIVEWAY (CONCRETE/GRAVEL):
DECK AND PATIO:
LANDSCAPE EDGING:
Q
Z
OWEST BAHLE Xo
o<
ac .
%
ORDINARY HIGH WATER (OHW)
ELEVATION = 1333.62^lU ••CN
EXISTING
X ->
RETAINING WALL lU
4,468 FT*
(23%)
LOT 12 TOTAL EXISTING IMPERVIOUS:^ 5
LU
-■>
<(K
^ 3
^ Q
U< .POTENTIAL AREA FOR o^ <NEW SEPTIC SYSTEM OXLOT 13 SIZE:
ALLOWABLE IMPERVIOUS (25%):
15,954 FT*
3,989 FT*>Ui ->CO -uz
M z— 3 oe
3 «
> CN> (N
X ^fOEXISTING n0^1- FT*(VACANT LOT)
BUILDABLE
"STRINGLINE"
OFPLOT 13 TOTAL EXISTING IMPERVIOUS:CORNERS OF NEIGHBORING
STRUCTURES TO ESTABLISH
"STRINGLINE” FOR STRUCTURE SETBACK
(0%)
2017 MINNESOTA STATUTE
394.36 NONCONFORMITIES
SUBDIVISION 5 - EXISTING NONCONFORMING LOTS IN
SHORELAND AREAS.PROPOSED LOT 13 BUILDABLE AREA AFTER
LOT LINE ADJUSTMENT
PROPOSAL TO BUILD A SINGLE-FAMILY DWELLING ON LOT
13 AS IT MEETS THE DIMENSIONAL REQUIREMENTS OF
MINNESOTA STATE STATUTUE 394.36 SUBDIVISION 5
SECTION C
AREA INDICATING WESTERN LOT LINE ADJUSTMENT
OF LOT 13 TO BE ALLOCATED TO LOT 12
NEW SEPTIC SYSTEM
POTENTIAL DRIVEWAY LOCATION- THE LOT MUST BE 66% OF THE DIMENSIONAL STANDARD
FOR LOT WIDTH AND LOT SIZE
- THE LOT MUST BE SUITABLE FOR THE INSTALLATION OF A
TYPE I SEWAGE TREATMENT SYSTEM
- IMPERVIOUS SURFACE COVERAGE IS UNDER 25%
- DEVELOPMENT OF THE LOT MUST BE CONSISTENT WITH
AN ADOPTED COMPREHENSIVE PLAN.
^ SITE PLAN
0 I 3 4N JOB NUMBERSCALE: 1/32" = 1'-0“ (11x17 SHEET SIZE)
1/16" » r-0" (22x34 SHEET SIZE)18 14
DATE
2018-7-19
EXISTING
SITE PLAN
Cl 00
\\
BROGARD PLUMBINGi
Heating & Excavating, Inc.
Portable Toilet Rental
Brian Brogard • Robert Johnson • Lie. 004994PM
received
AUG 05 2019
lands RESOURCE
8/2/2019
Ref; Wurzer property parcel #29000990616000
To whom it may concern.i
!
I Brian Brogard, sewer designer license #1332, was contacted to do an overview of said
property for a sewer system. 1 took two soil borings and measured the lot for a 3-4 bedroom
sewer.
The results of those borings and the lot size indicate that the lot is suitable for a type 1 sewer
system.
If there any questions regarding this, please call me at 218-579-0469.
Sincerely,
Brian Brogard
Brogard Plumbing & Heating
306 Industrial Drive • P.O. Box 336 • Henning, MN 56551 • (218) 583-2041 • Fax (218) 583-4389
LAND & RESOURCE MANAGEMENTGovernment Services Center \
540 West Fir AvenueOTTER TAILCOUNTY - MINNESOTA Fergus Falls, MN 56537
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled heariiig.
^ tlT oi-vQe, 4Vv-e_ /4^
* TWe-sd- -VvLro -fa-i/vx. U-es
-fUe, 'So'cata
p V'O 1(3^ ■'I'h ^ ♦ j^'tw
To Whom it May Concern: <
Steven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
apf
't rjCt/vcc?(vt-t'''—^
22^35^1Has/have made application to the Otter Tail County Board of Adjustment for a varianc^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
M/\ -Vh.’
Thursday, August 8, 2019 at 6:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring speciai accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public 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 430 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:RECEIVED
AUG 01 2019
LAND & RESOURCE
Parcel No. - 29000990615000 & 29000990616000
Lots 12 & 13 of South Point W BL
Section 31, Township 133, Range 39
Township Name - Girard
Lake Name/Number/Qass: West Battle Lake (56-239), General Development (GD)
Property Address:
The variance requested is the following:
Amendment to Variance Application by Steven and Carla Wurzer and Michael and Karen Wurzer
regarding Lots 12 and 13 on Southpoint of West Battle Lake, Action 31, Township 133, Range 39. The
property address is 22359 Ferncliff Road, Clitherall, MN, 56524.
22359 Ferncliff Rd., Clitherall MN 56524
W-
• As an alternative to the currently tabled variance application. Applicants request a variance to
the 10 foot setback requirement of Section III.4 of the Shoreland Management Ordinance for Lot
12 to allow the existing house to remain even though it currently is located approximately 9
inches from the current lot line shared with Lot 13. As a condition of this variance, a
maintenance easement will be granted to ensure that the owner of Lot 12 will be able to access
and maintain their property without trespassing or needing permission from the owner of Lot
13.
>¥'
*
@ ottertailcountymn.us218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
\joj^ 13 ^ c e_
( .
RECEIVED
JUL 1 0 2019
LAND & RESOURCETim and Paula Lang
22349 Ferncliff Road
Clitherall, MN 56524
Otter Tail County
Land & Resource Management
Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
RE: Variance - July 11, 2019
22359 Ferncliff Road
Clitherall, MN 56524
Lot 12 and 13 of South Point W BL - variance
Once again asking how this variance can be done. At this time I believe they don't know where the
property lines are. In order to do the variance you still need the footage on both sides of the lots of 10
feet. That is a total of 40 feet right there.
So a variance requested - still needs the 10 feet on each side, still needs any easements or right away
and will there be any drainage easements needed? When theses 2 lots were subdivided I am sure all the
above was part of the lay out - not?
Note: They blocked off the shore line, added new sand on the beach line and are on our property line
last fall and this winter the ice came up and took some of the blocks away. They repaired the blocked
wall and again added new sand but it is going over on our side. So if they can do this - what will they
think they can do if building?
The best way to make this work is remove the footage on the home now and remodel. Then there are 2
full sUfiJots like should be.
Rama
1
LAND & RESOURCE MANAGEMENT? OTTER TAIL
f COUNTY - MINNESOTA
Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Steven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
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/orthe Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, July 11, 2019 at6:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public 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. - 29000990615000 & 29000990616000
Lots 12 & 13 of South Point W BL
Section 31, Township 133, Range 39
Township Name - Edna
West Battle Lake (56-239), General Development (GD)
22359 Ferncliff Rd., Clitherall MN 56524
Lake Name/Number/Class:
Property Address:
The variance requested is the foiiowing:
Lots 12 and 13 both meet the 66% rule of MN Stat. Sec. 394.36, with the exception of the residence on Lot 12
being 9 feet too ciose to the lot line shared with Lot 13. Instead of tearing down or moving the residence on tot
12, applicants propose to move the lot line between Lots 12 and 13 as shown on the attached drawing so that ail
setback and other requirements are met for both Lots 12 and 13, leaving both Lots 12 and 13 as buildable for
single family residential use in compliance with all ordinances and the 66% rule of MN Stat. Sec. 394.36. The
variance being sought is to Section I.6.A of the Subdivision Controls Ordinance, which allows for subdivision for
attachment not contiguous lots where no residual lot remains. In this case. Lot 13 would remain as a separate
buildable lot for single family residential use in compliance with all the setbacks, ordinance, and the 66% rule of
MN Stat. Sec. 394.36.
Aniy liusko
Board of Adjustment Secretary
June 27,2019
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
LAND & RESOURCE MANAGEMENT
received
JUL 0 3 2019
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Faiis, MN 56537COUNTY-MINNESOTA
AND &
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
v~ I a rv<- € <
Itkc C\0ock
To Whom it May Concern;■lrvc_
'DL'VSteven & Carla Wurzer
Michael & Karen Wurzer
22359 Ferncliff Rd
Clitherall MN 56524
•5-e^
\Aj U.V- ze v'
Aizu^o \/<^\rl3 irxc^e-5 ^ /\
Flas/have made application to the Otter Tail County Board of Adjustment for a v'afSarit^^'s'pe^ ^ '
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 l,\^A
of Adjustment will assemble for this hearing on
l- C\^ ( v^'Va I
*
v'
\
Thursday, July 11, 2019 at 6:30 p.m.Rc(
^,1 ("ttt Uin the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public 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. - 29000990615000 & 29000990616000
Lots 12 & 13 of South Point W BL
Section 31, Township 133, Range 39
Township Name - Edna
West Battle Lake (56-239), General Development (GD)
22359 Ferncliff Rd., Clitherall MN 56524
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Lots 12 and 13 both meet the 66% rule of MN Stat. Sec. 394.36, with the exception of the residence on Lot 12
being 9 feet too close to the lot line shared with Lot 13. Instead of tearing down or moving the residence on Lot
12, applicants propose to move the lot line between Lots 12 and 13 as shown on thi(^attich^ drawin^o that all
setback and other requirements are met for both Lots 12 and 13, leaving both Lots 12 and 13 as buildable for
single family residential use in compliance with aii ordinances and the 66% rule of MN Stat. Sec. 394.36. The
variance being sought is to Section I.6.A of the Subdivision Controls Ordinance, which allows for subdivision for
attachment not contiguous iots where no residual lot remains. In this case. Lot 13 would remain as a separate
buildable lot for single family residential use in compiiance with all the setbacks, ordinance, and the 66% ruie of
MN Stat. Sec. 394.36.
uja6
Aim ■ Busko
Board of Adjustment Secretary
June 27, 2019
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095