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Home My WebLink About29000990768000_Variances_12-09-2021Variances 2 Barcode 128 iZ-q 2oZl 1272122 Date Stamp LYHH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, NH RECORDED ON ;o iRECEIVED -3 HOVt0 2021 -tAND & RESOUBCt r-01/25/2022 09:32 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: NCO %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.usOTTER TRIl Application Fee > —■ i'v-tV‘'-l Receipt Number Accepted by Date Property Owner Name James Reding Address 17176 66th Place North City Maple Grove state MN Zip 55311 Daytime Phone 612-868-7592 Email jim.redingmsp@yahoo.com Parcel Information Lake No Lake Name Lake Class R0138East Battle 290 009 907 68000Parcel Number(s) Parcel Number(s) GirardTownship Name Section Legal Description Section 36, Township 133, Range 039 Sunnyside 5th Addition Lot 8 BLK 1 Physical Address 22309 Chippewa Road, Vining, MN 56588 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback □□ □ □ Structure Size SubdivisionSewage System □□ □ Cluster WECS Miscellaneous 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: Shoroland Management Ordinance_______ SECTION OF ORDINANCE:Section 6, Subp. 4.A. Kyle and Elizabeth from Land and Resource Management visited property and verified the setback to the new proposed addition and covered patio At 84 ' to the OHWL. We are requesting a 16 ' variance to the OHWL for new proposed additions. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. y. TURE OF PROPERTY OWNER/AGENT FOR OWNEp’DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time Motion James Reding - Variance Application Denied (6:15 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by David Wass, and carried to deny the variance request as the existing structure is in a compliant location being a conforming structure and by granting the variance will therefore cause the structure to become non-conforming. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. i—\ fliairman/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management ' L&R Official/Date Copy of Application maiied to Applicant, County Assessor and MN DNR 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflil GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX; 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:James Reding Address/Parcel No. 22309 Chippewa Rd / 29000990768000 Requested Variance: Kyle & Elizabeth from Land and Resource Management visited the property and verified the setback to the new proposed addition and covered patio at 84' to the OHWL. We are requesting a 16' variance to the OHWLfor new proposed additions. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ 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: Want a screen porch and be outside and this give us the opportunity to do this. We did look at other places on the property to do this project, but it would require us to remove trees, and this is the place to the place our docks. The south side would be too close to the lotline. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). □ Yes, the variance is in harmony with the general purposes and intent of the official control... X No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The proposed project is going cioser to the iake than the existing dweliing which wiil make the current conforming dwelling non-conforming. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). □ Yes, the property owner is proposing to use the property in a reasonable manner... X No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: There are no similar structures in the neighborhood. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) □ Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) □ Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: 5. Does the need for the variance 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). □ Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES X Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. 'Drvmeit 'Hetw<UcDATED: December 9, 2021 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating imperviaus 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. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, December 9,2021 The Otter Tail County Board of Adjustment Members convened on December 9, 2021, at 6:00 p.m. at the Government Services Center. The meeting was held in person and via Microsoft Teams. The following persons were in attendance: David Wass Thomas Lee Douglas Larson Michael Donoho Terry Marthaler Kyle Westergard, Assistant Director, Land & Resource Management Ben Olson, Assistant County Attorney Called to Order Darren Newville, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the November 18, 2021, meeting. The Board of Adjustment considered the following application(s) for variance: Craig Gaffney - Variance Application Approved with Condition (6:02 p.m.) Craig Gaffney, That Part of GL 10, Scalp Lake (56-358) in Hobart Township requested the following: Requesting a variance to add a 36’ X 42’ ground level addition to existing dwelling that is located in a bluff. New septic system will be installed to meet setback requirements. Craig Gaffney, property owner, represented the variance application. The audience was polled with no one speaking for or against this application. After consideration and discussion, Thomas Lee made a motion, seconded by Michael Donoho and carried to approve the variance request to add a 36’ x 42’ addition to the existing dwelling with condition that there is an engineered plan submitted to Land & Resource Management prior to issuing the Structure Permit. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. James Reding - Variance Application Denied (6:15 p.m.) James Reding, Lot 8 BIk 1 of Sunnyside 5* Addition, East Battle Lake (56-138) in Girard Township request the following: Kyle & Elizabeth from Land and Resource Management visited the property and verified the setback to the new proposed addition and covered patio at 84’ to the OHWL. We are requesting a 16’ variance to the OHWL for new proposed additions. James Reding, property owner represented the variance application. The audience was polled with no one speaking for or against this application. After consideration and discussion, Douglas Larson made a motion, seconded by David Wass, and carried to deny the variance request as the existing structure is in a compliant location being a conforming structure and by granting the variance will therefore cause the structure to become non-conforming. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Page I 1 Board of Adjustment December 9, 2021 STAFF REPORT James RedingAPPLICANT: 22309 Chippewa Rd, Vining, MN, 56588, 29000990768000LOCATION: LAKE NAME/NUMBER/CLASS:East Battle Lake, 56013800, Recreational Development Kyle & Elizabeth from Land and Resource Management visited the property and verified the setback to the new proposed addition and covered patio at 84' to the OHWL. We are requesting a 16' variance to the OHWL for new proposed additions. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website ▼ 22309 CHIPPEWA RD 5’"-ov. sed'cr rei^ ‘ct 22309 m 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 6, Subp. 4 Placement of Structures and Sewage Treatment Systems on Lots Structures and accessory structures must be located to meet all setbacks, and comply with the following OHWL setback provisions: Table IV Setbacks for Structures on a Lot StructuresClassification Natural Environment 200 Recreational Development 100 General Development 75 Transition 150 Agriculture, Urban and Tributary 100 Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. House built in 1980. This is not an existing non-conforming structure. 2. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3, Subp. 11 (C) of the Shoreland Management Ordinance. LAND & RESOURCE MANAGEMENTOTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 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: James Reding 17176 66''^ Place North Maple Grove MN 55311 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, December 9, 2021, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application expressed by mail or emailed to land(S)co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 29000990768000 Lot 8 BIk 1 of Sunnyside 5'*' Addition Section 36, Township 133, Range 39 Township Name - Girard East Battle Lake (56-138), Recreational Development (RD) 22309 Chippewa Rd, Vining MN 56588 Lake Name/Number/Class: Property Address: The variance requested is the following: Kyle & Elizabeth from Land and Resource Management visited the property and verified the setback to the new proposed addition and covered patio at 84' to the OHWL. We are requesting a 16' variance to the OHWL for new proposed additions. November 24, 2021 ^\iny Busko Board of Adjustment Secretary ottertailcountymn.us218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER