HomeMy WebLinkAbout29000990872000_Variances_07-21-2020Variances
2
Barcode 128
Date Stamp 1243686
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MH
RECORDED OH
09/02/2020 11:25 AM
FEE: 46.00
PAGES 5
WELL CERTIFICATE REC'D: N
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L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUN1Y OF OTTER TAIL
Government Services Center, S40 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.usomRTtiii
Application Fee QO
Receipt Number
Accepted by ^'ry Date
Property Owner
Name Kevin Gilbert
Address 4225 Petal Ct
City Fairfax
State VA
Zip 22033-3418
Daytime
Phone 7e3-
Email kwgilbert92@icloud.com
Parcel Information
Lake Class ppLake No 56-0191-00 Lake Name Stuart
Parcel Number(s)2900099088100029000990872000
Parcel Number(s)
SectionTownship Name 34Girard
Legal Description Section 34, Township 133, Range 039
Maple Acres, Lot 9 BIk 2 and Vac Rd Adj
Maple Acres, Lot 8 BIk 3
Physical Address 43516 220th Street, Clitherall, MN 56524
TYPE OF VARIANCE REQUESTED (Please Check)
□□□0structure
SMback SubdivisionSewage SystemStructure Size
li]._.. fc'Z-□□MiscellaneousClusterWECS
Version Date: 04/07/2020
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SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WIU BE USED FOR PUBUC
NOTIFICATION.OTTER TAIL COUNTY ORDINANCE: Shoreline Management Ordinance
SECTION OF ORDINANCE:■r IV. 2-> B7III4A
1. Variance request for 80' setback from high water level of Stuart Lake for construction of a 40’ x 28’
dwelling. No other setback variances are necessary as dwelling would be setback 44’ from the Top of
Bluff and 60’ from the boundary line parallel to 220th Street. This setback request and placement of
the dwelling is consistent with neighboring property setbacks.
2. Request variance to construct a Water Oriented Accessory Structure (WOAS) within 20 ' of the Top
of Bluff. I am not able to construct a WOAS without a variance due to the wetlands and the width of the
bluff. Due to this unique hardship and the nature of the property, I request this variance to be granted.
This variance is consistent with the location of WOAS on neighboring properties.0\l£^I I • II 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 APPUCATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER 31,2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDmONAL 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 CONTAa LAND & RESOURCE MANAGEMENT REGARDING
THIS MATTER.
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Tlme of Hearing)
/5iDate of Hearing Time
M-*’—
Kevin Gilbert - Variance Request Denied (8:52 p.m.)
After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee, and carried by .oM call vote to
deny the variance request as they have room to meet the setback requirements. This decision is based on the Finding- Fact
and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated a^
an official part of the minutes which have 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.
;
'IhMua III
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management NoYes
Note: If Yes, contact Land & Resource Management
yjis/'Z^ioCopy of Application mailed to Applicant, County Assessor and MN DNR
L&R Official/Date
2
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•i SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.OTTER TAIL COUNTY ORDINANCE: Shoreline Management Ordinance
SECTION OF ORDINANCE:iil4A
3. Request a variance to excavate and level out the approximately 2’ high ridge running on both sides
of the approximately 15’ wide abandoned road running across the top of the Bluff.
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Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TflIIooitTTaiaaiiat*
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:Kevin Gilbert
Address/Parcel No. 43516 220'^ St. / 29000990872000 & 29000990881000
l.Reauested Variance: Variance request for 80' setback from high water level of Stuart Lake for construction of a 40' x 28'
dwelling. No other setback variances are necessary as dwelling would be setback 44' from the Top of Bluff and 60' from
the boundary line parallel to 220^*^ Street. This setback request and placement of the dwelling is consistent with
neighboring property setbacks. 2. Request variance to construct a Water Oriented Accessory Structure (WOAS) within
20' of the Top of the Bluff. I am not able to construct a WOAS without a variance due to the wetlands and the width of
the bluff. Due to this unique hardship and the nature of the property, I request this variance to be granted. The variance
is consistent with the location of WOAS on neighboring properties. 3. Request a variance to excavate and level out the
approximately 2' high ridge running on both sides of the approximately 15' wide abandoned road running across the top
of the bluff.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: III. 4. A & IV. 2.B.
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: Topography & the old abandoned roadway
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:
They do have to room to meet the setback of the Ordinance.
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
cantrol).
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:
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....
X No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
They have the ability to meet the setbacks and removal of the old roadbed at the top of the bluff is risky.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
□ 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 requested variance.The Otter Tail County Board of Adjustment: APPROVES DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: August 13, 2020
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
Dean & Delores Jorgenson Cont.
and size calculations. #2 Additional Variance Language update: As a result of the water levels Dean is also requesting a variance
septic areas to be allowed no closer than 42 feet from the current ordinar>' high water determination location. (Jack Rosenthal)
Dean & Delores Jorgenson, property owners represented the variance application via GoToMeeting. The audience was polled with
Joel Jorgenson speaking in favor of the variance request. A letter from the Otter Tail County Highway Department was forwarded to
the Board of Adjustment Members and read for the record. A letter was also submitted opposing the variance as requested by Van R.
Ellig was forw arded to the Board of Adjustment Members and read for the record.
After consideration and discussion, Thomas Lee made a motion, seconded by Terr> Marthaler, and carried by roll call vote to table the
variance request w ith the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting.
Roll call vote as follows:
Board of Adjustment NAY ABSENT ABSTAINYEA
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Brent Frazier - PC Member
X
X
Peter & Katrina Doll - Variance Request Denied (8:39 p.m.)
Peter & Katrina Doll, NEI '4 Lots 1.2, & 3 Ex RR & Ex TRs, Grunard Lake (56-330), We request a variance to have a structure
setback of 160 feet, rather than the 200 feet natural environment lake setback.
Peter & Katrina Doll, property ow ners represented the variance application via GoToMeeting. The audience was polled w ith no one
speaking for or against the variance application. An email was received from Kevin & Debra Amunrud in favor of the variance
request.
After consideration and discussion. Thomas Lee made a motion which failed as there was no seconded. Upon further discussion
Darren New ville made a motion, seconded by Douglas Larson and carried by roll call vote w ith Thomas Lee voting no to deny the
variance request as there is room on this property to meet the setback of 200 feet. 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.
Roll call vote as follow s:
Board of Ad justment______
Thomas Lee
Darren Newville
Douglas Larson
Michael Donoho
Terry Marthaler
Brent Frazier - PC Member
ABSTAINNAYABSENTYEA
X
X
X
X
X
X
Kevin Gilbert - Variance Request Denied (8:52 p.m.)
Kevin Gilbert, Lot 9 BIk 2 & Vac Rd & Lot8 Blk 3 Maple Acres, Stuart Lake (56-191), Girard Township request the following: 1.
Variance request for 80’ setback from high w ater level of Stuart Lake for construction of a 40’ x 28’ dw elling. No other setback
variances are necessary as dw elling w ould be setback 44’ from the Top of Bluff and 60’ from the boundary line parallel to 220'''
Street. This setback request and placement of the dw elling is consistent w ith neighboring property setbacks. 2. Request variance to
construct a Water Oriented Accessory Structure (WOAS) w ithin 20’ of the Top of the Bluff 1 am not able to construct a WOAS
w ithout a variance due to the w etlands and the w idth of the bluff Due to this unique hardship and the nature of the property , 1 request
this variance to be granted. The variance is consistent with the location of WOAS on neighboring properties. 3. Request a variance to
Board of Adjustment
August 13, 2020
Page I 9
Kevin Gilbert Conf.
excavate atid level out the approximately 2’ high ridge running on both sides of the approximately 15’ wide abandoned road running
across the top of the bluff.
Kevin Gilbert, property owner and Ted & Lisa Sharf, proposed buyers represented the variance application via GoToMeeting. The
audience w as polled w ith Greg Mikkelson, neighbor to the w est spoke in favor of the variance as requested. A letter w as received and
read from Rod & Sheila Kann which identified questions and concerns they have about the proposed project.
After consideration and discussion. Douglas Larson made a motion, seconded by Thomas Lee, and carried by roll call vote to deny the
variance request as they have room to meet the setback requirements. This decision is based on the Findings of Fact and Decision
Form, which contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the
minutes which have been placed on file w ith the Land & Resource Management Department. The variance as approved does not
directly or indirectly grant any other variances for future development.
Roll call vote as follows:
Board of Adjustment NAY ABSENT ABSTAINYEA
Thomas Lee X
Darren New ville X
Douglas Larson
Michael Doiioho
X
X
XTerry Marthaler
Brent Frazier - PC Member X
Patricia Absey & Michelle Bartholomay - Tabled (9:23 p.m.)
Patricia Absey & Michelle Bartholomay. Pt of GL 5 Com NWCorGL2S(15.12 Acres), Anna Lake (56-448), Sverdrup Township
request the follow ing: Request variance to road right-of-way to place a 10’ x 16’ WOAS on lake front portion of property. Request the
WOAS to be 0’ from the road right of way. Required setback is 20’.
Patricia Absey & Michelle Bartholomay, property owners represented the variance application via GoToMeeting. The audience was
polled with no one speaking for or against the variance application. A letter from Otter Tail County Highway Department w'as
received and read for the record. Phyllis Bergem submitted an email in support of the variance as requested which was read for the
record.
After consideration and discussion, Darren New ville made a motion, seconded by Terry Marthaler, and carried by roll call vote to
table the variance request w ith the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting.
Roll call vote as follows:
Board of Adjustment NAY ABSTAINYEAABSENT
Thomas Lee X
Darren Newville X
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Brent Frazier - PC Member
X
X
Other Business - None
With no further business. Thomas Lee. Chairman declared the meeting adjourned at 9:35 p.m.
Prepared by:
Amy Busko, Secretary
The minutes w ere emailed on August 28. 2020, to the Otter Tail County Board of Adjustment. Official action regarding these minutes
w ill be taken by the Board of Adjustment at their next regularly scheduled meeting.
Page I 10 Board of Adjustment
August 13, 2020
STAFF REPORT
Kevin GilbertAPPLICANT:
1. Variance request for 80' setback from high water level of Stuart Lake for construction
of a 40' X 28' dwelling. No other setback variances are necessary as dwelling would be
setback 44' from Top of Bluff and 60' from boundary line parallel to 220''' Street. This
setback request and placement of the dwelling is consistent with neighboring property
setbacks.
2. Request variance to construct a Water Oriented Accessory Structure (WOAS) within
20' of the Top of Bluff. I am not able to construct a WOAS without a variance due to the
wetlands and the width of the bluff. Due to this unique hardship and the nature of the
property, I request this variance to be granted. This variance is consistent with the
location of WOAS on neighboring properties.
3. Request a variance to excavate and level out the approximately 2' high ridge running
on both sides of the approximately 15' wide abandoned road running across the top of
the Bluff.
APPLICATION:
43516 220"' Street, Clitherall, MN 56524, 29000990872000LOCATION:
LAKE NAME/NUMBER/CLASS: Stuart, 56-191, RD
STAFF WHO COMPLETED REPORT: Chris LeClair
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9^0TH
9000.990861000 .J
X Q,43516 220TH ST
I43^Show scd''cH results 43516 22..
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Jt'^.SkrrnihimStaff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
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1. No conditions recommended.
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
RIVERSLAKES
U&TSETBACKS (Ft)NE Ag TransGDRD
Elevation Above OHWL
333 3 3Vertical Separation*3
Setback From
OHWL
Dvwellings / Non-Dwellings 100 200 100 100 15075
20 2020202020WOAS
Lotline**
10 10 10 10Single Family Residence 10 10
50 5050 50Commercial PUD 50 50
50 5050505050Residential PUD
65 11590404065WOAS
30 30 30 30 30Top of Bluff
Road Rieht-of-Wav (Public / Private)
30
20 2020 20 2020All Structures
Septic Tanks
10 1010101010All Structures
Soil Treatment Area
20 2020 20 20Dwelling20
10 10Non-Dwelling 10 10 10 10
Maximum Structure Height
35 35353535Dwelling35
20 20 20***20 20Non-Dwelling 20
10 10 10101010WOAS
Shoreland Management Ordinance
Section IV, 3, B
6. Fill or excavated material must not be placed in BIZ.
staff Comments; Based on a review of the application and a site review, Staff offers the following comments:
1. Site visit on August 3, 2020. Lot appears large enough to meet setbacks.
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LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537■ COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Kevin Gilbert
4225 Petal Ct
Fairfax VA 22033-3418
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, August 13, 2020 at 8:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
I
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 29000990872000 & 29000990881000
Lot 9 BIk 2 & Vac Rd & Lot8 BIk 3 - Maple Acres
Section 34, Township 133, Range 39
Township Name - Girard
Stuart (56-191), Recreational Development (RD)
43516 220‘^ St., Clitherall MN 56524
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
1. Variance request for 80' setback from high water level of Stuart Lake for construction of a 40' x 28'
dwelling. No other setback variances are necessary as dwelling would be setback 44' from the Top of
Bluff and 60' from the boundary line parallel to 220*^ Street. This setback request and placement of
the dwelling is consistent with neighboring property setbacks. 2. Request variance to construct a
Water Oriented Accessory Structure (WOAS) within 20' of the Top of the Bluff. I am not able to
construct a WOAS without a variance due to the wetlands and the width of the bluff. Due to this
@ OVEROTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 ► s
unique hardship and the nature of the property, I request this variance to be granted. The variance
is consistent with the location of WOAS on neighboring properties. 3. Request a variance to excavate
and level out the approximately 2' high ridge running on both sides of the approximately 15' wide
abandoned road running across the top of the bluff.
Amy Busko
Board of Adjustment Secretary
July 30, 2020
SCALE DRAWING FORM
Tax Parcel Number(s) X^£>D0*1*^IDt>0
A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, ail
existing and/or proposed structures, septic tanks, drainfields, lotiines, road right-of-ways, easements, OHWLS,
wells, wetlands, topographic features (i.e. bluffs), and onsite irw^ious surface calculations.Scale: 1 inch = 5^0 ________Signature ^2^^^2\ 2q2CDate
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area
Other Impervious SurfaceBuildings
ProposedExistingProposedExistingFt2FFFFFt2
I. lAO Deck(s)Dwelling
Patio(s)
Sidewalk(s)
Attached Garage
Detached Garage
Landing(s)
Driveway(s)
Storage Shed
WOAS I^SD
isn. soParking Area(s)RCU
Retaining Wall(s)Miscellaneous
Laridscaping
(Plastic BartlflflMiscellaneous
K uoo X o?oBoOTOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Lot AreaProposed TotalExisting
FF Ft=FF FFTotal Buildings
100+X s+
Buildings Other
Impervious Surfece
Percentage
Maximum Allowable 26%
Impervious
Surface
Ratio
Total
Buildings Other
Impervious Surface
Existing Proposed Total Lot Area FFFt^FF FF
l4,i3,r].-xoo XISOl>. os'xn 100+X s♦s
LR: Online Permitting Forms 2016; lmperviousSutfaceCalcutationWof1<sheet04-11-2016
(K DateSignature:;
932035 ;
and transfer entered; Certificate of
) not required.
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 992035
this instrument #___________
was filed/recorded in this office
for recorr^n the_SQ—.day of
Vyw^ 2QQB atUil^^rp}pm
Wendy L. MetcalLCpunty R^rorder)
No delinquent taxes
Real Estate Value ( ) filed (
Certificate of Real Estate Value No—QSQ7-(J-1
(Year)
Wayne Steir^Co^i^y Auditor
by 000 Deputy
wejl certificate
WARRANTY DEED
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX $
NUMBERDATE IW / < ._0(p
STATE DEED TAX DUE $422.40
FOR VALUABLE CONSIDERATION, ROBERT D. JOHNSTON & YVONNE R.
JOHNSTON, husband and wife. Grantors, hereby warrant and convey to Kevin Wihiam
Gilbert, Grantees, real property in Otter Tail County, Minnesota, described as follows:
Date:
Is'SEE EXHIBIT “A” ATTACHED HERETO. Subject to Easements and
Covenants of record.i
together with all hereditaments and appurtenances belonging thereto.
THERE IS NO WELL ON THE ABOVE DESCRIBED REAL PROPERTY
j
I
_____________________________ROBERT D. jbHNSTON YVCll^ R. JOHNSTbN
;
STATE OF \ AM;
in !COUNTY OF
day ofThe foregoing instrument was acknowledges before me this
2006 by ROBERT V. JOHNSTON & YVONNE R.
JOHNSTON^husband and wife, Grantors.I
i ^ MBJSSASUEHADRRD
^ Notaiy Public - Minnesota
MTftimiBteslon Expires Jan. 31,80101
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1 ing acknowredgmentSignaturiperson
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Tax statements for the real property described in this instrument should be sent to:
Kevin William Gilbert
5105 Heather Way
Habor Heights, OH 45424
This instrument was drafted by:
Richard P. Walton
Attorney at Law
114 Main Street
P.O. Box 366
Ashby, MN 56309
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EXHIBIT "A"
Lot 9, Block 2 and Lot 8, Block 3 together with that part of the Vacated
Dedicated Road in the Plat of MAPLE ACRES, on file and of record in the office
of the County Recorder in and,for Otter Tail County, Minnesota which lies
southwesterly of Lot 9, Block 2 of said MAPLE ACRES, more particularly
described as follows: Beginning at the most westerly corner of said Lot 9,
Block 2; thence southwesterly to the most northerly comer of said Lot 9,
Block 2; thence southwesterly to the most northerly corner of Lot 8, Block 3
of said MAPLE ACRES: thence southeasterly along the northeasterly line of said
Lot 8 to the most easterly comer of said Lot 8; thence northeasterly to the
most southerly corner of said^Lot 9, Block 2; thence northwesterly to the most
southerly corner of said Lot 9, Block 2; thence northwesterly along the
southwesterly line of said Lot 9 to the point of beginning. Maple Acres, Part
of Government Lots 5, 6 and 7, Section 34, Township 133, Range 39, Otter Tail
County, Minnesota
;>■
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 30*^ day of July, 2020 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Lake AssociationTownship ClerkProperty Owner
Stuart Lake Association
Donald Henderson
21287 Greenhead Dr.
Clitherall MN 56524
Carol Jacobson, Clerk
Girard Township
24893 Palace Rd
Battle Lake MN 56515
Kevin Gilbert
4225 Petal Ct
Fairfax VA 22033-3418
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Ne^Perham);
Little
Little Pi
Pelic
South Turtle Lake:
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp, Dist., PO Box 431 Perham, MN 56573
, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
ass & 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
HI
ns (Ne^Ke DHcHronald
' P/^Big
FishsB
Big Pine:
Otter Tail County COLA, 4302 13«^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
^ulie Aadland, DNR Eco & Water Resources, 1509 1=’ Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:Sarah Duffy
Pemberton Law
110 N. Mill Street
Fergus Falls MN 56537
(mail notice & card here)
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6**^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: Brent Frazier, PO Box 255, Pelican Rapids MN 56572
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: July 30, 2020
Extra
BOA Members___5
PC Member
Envelopes _
TOTAL NOTICES TO PRINT____26
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & BL Review
7Amy Busko, Secretary
Otter Tail County Board of Adjustment
1 MinutesBy:12Amy Busko
l:\BOA\August BOA\Gilbert Affidavit (191) 08-13-20.docx
Buffer Parcels
Addr2 Citv St ZiDParcel No
29000990447000 Robert & Cindy Feldman
Addr 1Name 1 Name 2
Saint Paul MN 55118 243121 Logan Ave E
Maple Grove MN 55311 265529000990448000 Peter Knapp & Colleen Obrien 7368 Niagara Ln N
Maple Grove MN 55311 265529000990449000 Peter Knapp & Colleen Obrien 7368 Niagara Ln N
Maple Grove MN 55311 265529000990450000 Peter Knapp & Colleen Obrien 7368 Niagara Ln N
Lakeville MN 55044 520529000990452000 Douglas & Barbara Poush 17830 179th TrI W
Lakeville MN 55044 520529000990452001 Douglas & Barbara Poush 17830 179th TrI W
Litchfield MN 55355 271129000990859000Kenneth V & Colleen Fenner 613 Darwin St W
Litchfield MN 55355 271129000990860000 Kenneth V & Colleen Fenner 613 Darin St W
ClitheralIMN 56524 966029000990861000 Douglas F Ortloff 43529 220th St
Saint Paul MN 55118 243129000990862000 Robert & Cindy Feldman 21 Logan Ave E
Ashby MN 56309 452529000990863000 Karl D & Samantha S Lindquist 15237 300th St
Burleson TX 76028 36543645 Lucy Trimble Rd29000990869000 Alan P & Barbara C Syverson
Apple Valley MN 55124 877329000990871000 Gregory M & Roxanne Mikkelson 13649 Elkwood Dr
Fairfax VA 22033 341829000990872000 Kevin W Gilbert 4225 Petal Ct
Clitherall MN 56524 966029000990873000 Rodney L 8i Sheila 1 Kann 43580 220th St
Burleson TX 76028 36543645 Lucy Trimble Rd29000990878000 Alan P & Barbara C Syverson
Apple Valley MN 55124 877329000990879000 Gregory M & Roxanne Mikkelson 13649 Elkwood Dr
Apple Valley MN 55124 8773Gregory M & Roxanne Mikkelson 13649 Elkwood Dr29000990880000
Fairfax VA 22033 34184225 Petal Ct29000990881000 Kevin W Gilbert
Clitherall MN 56524 966029000990882000 Rodney L & Sheila I Kann 43580 220th St
Milnor ND 58060 003741000990278000 Mark L C & Jill Bogart PO Box 37
Lakeville MN 55044 520541000990279000 Douglas & Barbara Poush 17830 179th TrI W
Page 1 of 1Wednesday. Julv 29, 2020
*1Buffer Mail
Address i City, State, ZipAddress 2Name
Mark L C & Jill Bogart MilnorND 58060 0037PO Box 37
Robert & Cindy Feldman Saint Paul MN 55118 243121 Logan Ave E
Kenneth V & Colleen Fenner Litchfield MN 55355 2711613 Darwin St W
Kenneth V & Colleen Fenner 613 Darin St W Litchfield MN 55355 2711
Kevin W Gilbert 4225 Petal Ct Fairfax VA 22033 3418
Rodney L & Sheila I Kann 43580 220th St Clitherall MN 56524 9660
Karl D & Samantha S Lindquist 15237 300th St Ashby MN 56309 4525
Gregory M & Roxanne Mikkelson 13649 Elkwood Dr Apple Valley MN 55124 8773
Douglas F Ortloff 43529 220th St Clitherall MN 56524 9660
Peter Knapp & Colleen Obrien 7368 Niagara Ln N Maple Grove MN 55311 2655
Douglas & Barbara Poush 17830 179th TrI W Lakeville MN 55044 5205
Alan P & Barbara C Syverson 3645 Lucy Trimble Rd Burleson TX 76028 3654
Wednesday, July 29, 2020 Page 1 of 1
August 3,2020Otter Tail County Board of Adjustment
510 West Fir Avenue
Fergus Falls, MN
Re; August 13 Meeting / Request for 3 variances
Kevin Gilbert
Property Address: 43516 220*^ St, Clitherall, MN 56524
Parcel numbers: 29000990872000 and 29000990881000
As individuals who have personally gone through this process and are impacted by the development of the above
mentioned lot, we have some concerns and questions. We understand the drawing must identify either in graphic
scale in feet or indicate all setback distances, all existing and/or proposed structures, septic tanks, drain fields, lot
lines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite
impervious surface calculations. The latter is what has been provided. There are many inconsistencies, omissions
and general vagueness in this application for these variances. Without these details there is no accountability to
ensure that structures, etc. are placed according to what this board may approve. It is also difficult from the
application, as it is presented to determine what the applicant is planning for the development of this lot.
Because of Covid-19 concerns and the fact that our internet is not always reliable, we are sending our questions to
the board in written form.
Our questions and concerns are as follows:
Considering the scale provided on the application (1in=50ft) some elements of the drawing seem to be in
scale while others are not. For example, the lot lines, the 40x28 dwelling and the existing trailer seem to be
drawn in scale. However, there are several other items including the patio/deck, WOAS as well the
placement of proposed structures on the lot itself, etc. that are not drawn to scale. In addition, while the
proposed dwelling has been marked with white flags the WOAS has not. These inconsistencies do not
provide a true representation of the overall development plans for this property.
We do not understand what they are asking for in the Variance Application under miscellaneous B12? Also
what is “IV.2.B’’? We only see three variance requests and the B12 is not written out like the other requests
(just noted under type of variances requested under miscellaneous). Does this pertain to item C on the
Drawing Form? (An existing trailer and attached porch that is to be “moved”). Where is this being moved
to? The “attached porched" is a wood structure with windows and acts as additional living space. Will it
serve as a secondary residence with sewer and water? Do they need a variance to do this?
Is the WOAS a unique hardship? The Variance Application requests the WOAS, item B, be located 20’ from
the bluff. On the Drawing item B states 25' from the bluff. Which bluff? The one Lakeside or to the
Wetlands? On the drawing of item B we aren’t sure if they are asking for a 6’ x 8’ structure or a 60’ x 8’
structure? On the Impervious Surface Calculation Worksheet it indicates a 480 sq. feet WOAS. There are
no flags indicating the exact location and size of the WOAS on the bluff. Does this variance cover a 480 sq.
foot WOAS? Our understanding is the typical allowance for a WOAS is 260 sq. feet and a width of no more
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than 20' parallel to the shoreline. Are there plans to add to the top of the WOAS a 60’ long deck? How tall
can this structure be? Can you clarify this? Thank you.
Where is the drainage field for the septic system?
The Drawing Form shows a large “patio” that appears to be written over the word “deck". The Impervious
Surface Calculation Worksheet indicates a 580 sq. foot deck. Which is it? If it is a “patio” and there is a
walkout how do you build just a patio? Or are they building a deck in the bluff impact zone of both the
lakeside bluff and wetlands bluff?
On the Drawing Form no setback footage is depicted for the house from the wetlands and there is a very
steep bluff dropping straight into the wetlands. The picture depicts the house centered between the
wetlands and the east lot line. In reality the flagged stakes for the NW and SW corners of the house are
located only approximately 12’ from the bluff of the wetlands.
On the Impervious Surface Calculation Worksheet and the Drawing Form there is no indication of additional
walkways, decks or stairways for access to the house. No garage is indicated. Is this an omission or are
there no plans for access to the house? Is there a walkout under the home? The stairway to the lake is not
indicated on the drawing either.
Square footage of the driveway is listed on the Impervious Surface Calculation Worksheet as 1,350 sq. feet.
There is a large slope on the backside of the proposed house, roadside. Will they need to fill and or
excavate dirt to build this driveway? It would be helpful to know the width, length and elevation of the
driveway to determine the effects of these changes in topography to our woods.
Since their plan is to “move” a house on to the lot we are also concerned with the removal of multiple trees
and the grading and fill needed for this part of the project. Is a permit or variance required to move the
amount of dirt that will be required for this project? We also worry that the changes in topography could
have further effects with the drainage of water into our woods.
10- They are also requesting a variance to excavate and level out “approximately 2’ high ridge running on both
sides of the approximately 15’ wide abandoned road running across the top of the bluff’. That ridge is
actually 2-4’ high and very much a part of the bluff. This “abandoned road” has been abandoned for years
and is covered with trees and vegetation. It is a very large component of the bluff impact zone. We are
concerned about the total removal of the ridge and all trees and vegetation from this sensitive area and what
effect it will have on the bluff and the bluff impact zone. We have worked very hard to care for our bluff and
hope they will too.
11- Are there limits on trees and vegetation that can be safely removed from the bluff and the bluff impact zone?
We recognize that we have come up with a lengthy list of questions and have voiced many concerns regarding the
development of this lot. We feel that because of the inconsistencies, omissions and general vagueness of the plans
and paperwork submitted for this application that it is impossible to effectively review the variances requested. Our
goal is to be sure development of this property is done in accordance with the current ordinances and allowable
variances and in a way that doesn’t adversely affect the lake and the wetlands. Thank-you for the time it has taken
you to review our letter and address our questions and concerns.
Sincerely,
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Kod/Gr SheUo/K.O'nn/
Rod & Sheila Kann
43580 220'^ St, Clitherall, MN 56524
’Amy Busko
Amy Busko
Monday, August 3, 2020 8:03 AM
Brent Frazier; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler;
Thomas (Tom) Lee
Sheila Kann; Chris LeClair; Kyle Westergard
Gilbert Correspondence
Otter Tail County Board of Adjustment.docx
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Morning - Attached is correspondence related to the Gilbert Variance request.
Have a great day
AMY BUSKO
Land & Resource Management
218-998-8096
From: Sheila Kann <skannl952@msn.com>
Sent: Monday, August 3, 2020 7:45 AM
To: Amy Busko <ABusko@co.ottertail.mn.us>
Subject; Gilbert Variance
8/3/2020
Re: Gilbert Variance
Amy,
Attached is our letter with questions regarding the Gilbert variance to the members of the Otter Tail County
Board of Adjustment regarding the August 13, 2020 Gilbert Variance Meeting. Could you please provide this
to the board members as soon as possible? Could you also confirm receipt of this email and confirm when you
pass this email on to the board members?
Thank-you for your assistance. You have been very helpful!
Rod & Sheila Kann
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