HomeMy WebLinkAbout17000100115001_Variances_11-12-2020--- «
1248460
Date Stamp
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
11/19/2020 11:04 AM
FEE: 46.00
PAGES 10
WELL CERTIFICATE REC'D: N
. RECEIVED
OCT 2 1 2820
' JoviO & RESOUBCl
-rj.- a.,
Oj
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.us
Application Fee ']_000 • Op
lo'lo-oz-^Receipt Number
Date (0(Z>/~ZoZ(7Accepted by ikLi
7Property Owner
Name Michael and Donna Ondracek
Address 555 40th St S Apt 224
City Fargo
State ND
Zip 58103
Daytime
Phone 701-866-9012
Email
Parcel Information
Lake ClassLake NameLake No Pelican Laket
Parcel Number(s)
Parcel Number(s)
IO//3//VZ'Pou^nsK,-p:t SectionTownship Name
Legal Description (l-tacVvcd deed\!f) ^0 ‘ ) 0^ Tv^ Uh? jo ll
Physical Address 50599 Fish Lake, Detroit Lakes MN 56501
TYPE OF VARIANCE REQUESTED (Please Check)
□□0structure
Setback 0 SubdivisionStructure Size Sewage System
□ □□MiscellaneousClusterWECS
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. Q, , i i j i A \OTTER TAIL COUNTY ORDINANCE: C j H 0 1 Cinri VlfV\i T \ 111 CC
SECTION OF ORDINANCE: HI .>4-^/^ ■-Xv ■. 0> ■ XT J
CHi^l_i 15 .
'ot ^ ^irful imperv/lous Sur-fuCje.%^
b 2B%.
LoV 6 Su\:^vaciaxd
f
om
\^fd
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
DECURATION, 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 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.
t'l /'r^ vC_________________
SIGNATUREOhro/PERTYOWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
Date of Hearing Timeit,^' 0^ P fVl
Motion
Michael & Donna Ondracek - Variance Request Denied (7:12 p.m.)
After consideration and discussion, Darren Newville made a motion seconded by Michael Donoho and carried by roll call
vote to deny the after the fact variance request as when Site Permit 29730 was issued in 2017 the proposal met the
impervious surface requirement. They constructed a deck instead of the patio which was larger in size than what the Site
Permit allowed therefore exceeding the impervious surface requirements of the Shoreland Management Ordinance. This
denial 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.
fWYUii UC
Chairman/otter Tail County Board of Adjustment
XPermit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
Copy of Application mailed to Applicant, County Assessor and MN DNR li
L&R Official/
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TfliloovaTT-aiaatiOTi
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:Michael & Donna Ondracek
Address/Parcel No. 50599 Fish Lake Rd / 17000100115001
Requested Variance: Requesting to be 47' from OHWL. Required is 75'. Requesting to be at 28.64% total impervious
surface. Required is 25%. Lot is substandard in size.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: |||. 4. A. & IV.8.B.I.
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: 2 years ago a new home was placed on the property. On the original permit
the home and a deck were on the permit. They receive the permit late in the season and got going on the project late. They went
ahead and put on the deck this last spring. They put up a larger deck than what was requested in the permit. - This is an after the
fact request.
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:
In 2017 Site Permit No. 29730 was granted to construct a new dwelling & 28' x 8' Patio which they constructed a Deck instead
of a patio which was twice the size of what was permitted in 2017 therefore exceeding the impervious surface coverage of the
Shoreland Management 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
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:
They do want to have an access/patio out the door.
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:
The property owner created the After-the-Fact request as they put on a deck which the permit aiiowed a 28' x 8' Patio. The
patio was constructed as a deck and iarger than what the Site Permit was granted.
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 Otter Tail County Board of Adjustment: APPROVES DENIES the requested variance.
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: November 12, 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.
7952UB
NARRANTY DEED
THIS INDENTURE. Made this 7th day of August. 1996, between
Donna Ondracek, a< married person, grantor, whether one or more, and
Michael P. Ondracek and Donna Ondracek. husband and wife, grantees,
whether one or more, whose post office address is P.O. Box 55.
Gardner. ND 58036.
WITNESSETTH. For and in consideration of the sum of One Dollar
($1.00) and other good and valuable considerations, grantor does
hereby GRANT. BARGAIN. SELL AND CONVEY unto the grantees, as joint
tenants and not as tencuits in common, all of the following real
property lying and being in the County of Otter Tail and State of
Minnesota, and described as follows, to-wit:
The Westerly Half {\m) of a tract described as follows,
to-wit:Beginning at the Southeast comer of Lot Teir
(10) of Viken Bay Beach; thence Easterly a distance of
100 feet in a line parallel to and adjacent with the
existing road situate immediately South of the demised
premises and South of l^ots One (1) to Eleven (11) in said
Viken Bay Beach; thence Northerly in a line parallel with
the East boundary line of said Lot Ten (10) to the
shoreline of Pelican Lake; thence Westerly along the said
shoreline to the Northeast comer of Lot Ten (10); thence
Southerly a distance of 153 feet, morei or less, to a
point of beginning, said real estate being part of Qovt.Lot Two (2). of Section Ten (10). Totmship One Hundrea£|^T^^'.!c^^ Thirty-seven (137), Range Forty-two (42). Otter TaH^oT^s tfs
County. Minnesota.
J
STATE DEED TAS DUBs $1.65
And the grantor for himself, his heirs, executors and
administrators, does covenant with the grantees that he is well
seized in fee of the land and premises aforesaid and has good right
to sell and convey the same in manner and form aforesaid; that the
same are free from all incumbrances, except installments of special
assessments or asses.iment8 for special improvements which have not
been certified to the County Auditor for collection, and the above
:4*'
granted lands and premises in the quiet and peaceable possession of
the grantees^ against all persons lawfully claiming or to claim the
whole or any part thereof« the grantor will warrant and defend.
triTNBSis, The hand of the grantor:
STATB op north DAKOTA )) 8S.
)COUNTY OP CASS
of August, 1996, before me personally appeared
Donna Ondraceic, known to me to be the person described in, and who
execrated the within and foregoing instrument, and acknowledged that
she executed the same.
On this
Notary Public, Cass County, ND
My Commission Expires:
C
Tax Statements for the real
property described in this
instnncnt shnwild
T NAS DRAFTED BTiTHIS INSTR’
Robert B. Rosenvold
be sent to
OHNSTAD THICHELL, P.C.901 “ 13th Avenue Bast
P.O. Box 458
West Fargo, ND 58076-0458 (701) 282-3249
(inoluio name and address of
grantee)i
Michael P. and Donna Ondracek
P.O. Box 55
Gardner, ND 58036
The total conaideratio.'i for the transfer of property is $500 or
less.
-2-
!1200350
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
12/12/2017 12:00 PM
ICN(
TRANSFER ENTERED
1^^ ■
(Year)
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D: N
;..
'OO
I..
Wayne Stein, County Auditor/Treasurer
By: to
Deputy
Cover Page
Carol Schmaltz
Otter Tail County Recorder
Government Services Center
565 W Fir Ave
Fergus Falls, MN 56537
218-998-8140
■*
DUNN TOWNSHIP
OTTER TAIL COUNTY, MINNESOTA
RESOLUTION TO VACATE A PORTION
OF THE ORIGINAL PLATTED ROADWAY
ON VIKEN BAY BEACH ON THE FISH LAKE ROAD
RESOLUTION NO. 2017 (7^
At the regular meeting of the Dunn Township Board of supervisors on December 11, 2017, at 6:30pm at
the town hall located at 47979 East Lake Lizzie Road in Otter Tail County, Minnesota this Resolution was
introduced by Supervisor^ . . and moved the adaption of the following Resolution, which
was seconded by Supervisor and unanimously adopted by the town board of
supervisors.
WHEREAS, the Town Board received a petition calling for the vacation of a town road under Minn. Stat.
164.07;
WHEREAS, The Planning Commission held a public hearing on said petition on the 13‘^ Day of November
2017, at 615pm, and on the 11'^ Day of December, 2017, at 6:30PM notice thereof having been given;
WHEREAS, the Town Board passed resolution 2017- on the 11*'' day of December vacating the
road:
NOW, THEREFORE, IT IS HEREBY ORDERED that the following described road is hereby vacated:
SEE ATTACHMENT A|andSJ>l<ioi £ I
That after such vacation goes into force and effect; the abutting property owner or owners who become
the absolute owner or owners of such vacated right of way shall assume and be responsible for the care
of said area vacated.
[Vid Johnson,''€ftatftffaiLof Dunn Township1/
Douglas Wmter, Clerk of Dunn Township
r PARCEL A1
(for the vacation and acquisition of the Public Road southerly of
the Ondracek tract)
That part of the Public Road, according to VIKEN BAY BEACH, said plat is on file in the office of the
Recorder, Otter Tail County, Minnesota, said part being in Government Lot 2, Section 10, Township 137,
Range 42, said County, and described as follows:
Beginning at the southeast comer of Lot 10, said VIKEN BAY BEACH; thence South 82 degrees 02 minutes
33 seconds East (for descriptive purposes only the east line of said Lot 10 has an assumed bearing of North
05 degrees 06 minutes 35 seconds West) along the northerly line of said Public Road according to VIKEN
BAY BEACH, a distance of 50.00 feet; thence South 03 degrees 46 minutes 57 seconds East a distance of
15.03 feet to the northerly line of a 66 foot wide Township Road identified as Fish Lake Road in Dunn
Township Resolution No. 2017-02 recorded as Document No. 1193804, according to the files of said
Recorder; thence westerly, along last said northerly line, on a non-tangential curve concave to the south,
having a radius of 1333.00 feet, a delta angle of 02 degrees 08 minutes 13 seconds and a chord bearing of
North 81 degrees 40 minutes 57 seconds West, for an arc distance of 49.72 feet to.the southerly extension of
said east line of Lot 10; thence North 05 degrees 06 minutes 35 seconds West along said southerly extension,
a distance of 14:79 feet to the point of beginning.
Containing 718 square feet more or less.
PARCEL D1
(for the vacation and acquisition of the Public Road southerly of
the Schmaltz tract)
That part of the Public Road, according to VIKEN BAY BEACH, said plat is on file in the office of the
Recorder, Otter Tail County, Minnesota, said part being in Government Lot 2, Section 10, Township 137,
Range 42, said County, and described as follows;
Commencing at the southeast comer of Lot 10, said VIKEN BAY BEACH; thence South 82 degrees 02
minutes 33 seconds East (for descriptive purposes only the east line of said Lot 10 has an assumed bearing of
North 05 degrees 06 minutes 35 seconds West) along the northerly line of said Public Road according to
VIKEN BAY BEACH, a distance of 151.66 feet to the point of beginning of the land to be described; thence
continuing South 82 degrees 02 minutes 33 seconds East along said northerly line, a distance of 48.17 feet to
the southwest comer of Lot 11, said VIKEN BAY BEACH; thence South 69 degrees 54 minutes 06 seconds
East along said northerly line, a distance of 5.40 feet to the east line of the West 5.00 feet of said Lot 11, as
measured perpendicular to and lying parallel with the west line of said Lot 11; thence South 01 degree 56
minutes 45 seconds East along the southerly extension of said east line of the West 5.00 feet, a distance of
19.66 feet to the northerly line of a 66 foot wide Township Road identified as Fish Lake Road in Dunn
Township Resolution No. 2017-02 recorded ^ Document No. 1193804, according to the files of said
Recorder; thence North 79 degrees 52 minutes 21 seconds West along last said northerly line, a distance of
56.29 feet to the intersection with a line which bears South 06 degrees 10 minutes 47 seconds West from the
point of beginning; thence North 06 degrees 10 minutes 47 seconds East a distance of 18.37 feet to the point
of beginning.
Containing 1,059 square feet more or less.
V
PARCEL El
(for the vacation and acquisition of the Public Road southerly of
the Zimney tract)
That part of the Public Road, according to VIKEN BAY BEACH, said plat is on file in the office of the
Recorder, Otter Tail County, Minnesota, said part being in Government Lot 2, Section 10, Township 137,
Range 42, said County, and described as follows;
Commencing at the southeast comer of Lot 10, said VIKEN BAY BEACH; thence South 82 degrees 02
minutes 33 seconds East (for descriptive purposes only the east line of said Lot 10 has an assumed bearing of
North 05 degrees 06 minutes 35 seconds West) along the northerly line of said Public Road according to
VIKEN BAY BEACH, a distance of 199.83 feet to the southwest comer of Lot 11, said VIKEN BAY
BEACH; thence South 69 degrees 54 minutes 06 seconds East along said northerly line, a distance of 5.40
feet to the east line of the West 5 .00 feet of said Lot 11, as measured perpendicular to and lying parallel with
the west line of said Lot 11, the point of beginning of the land to be described; thence continuing South 69
degrees 54 minutes 06 seconds East along said northerly line, a distance of 48.20 feet to the southwest comer
of Lot 12, said VIKEN BAY BEACH; thence South 65 degrees 40 minutes 02 seconds East along the
northerly line of said Public Road, a distance of 5.56 feet to the east line of the West 5.00 feet of said Lot 12,
as measured perpendicular to and lying parallel with the west line of said Lot 12; thence South 01 degree 39
minutes 00 seconds East along the southerly extension of last said east line of the West 5.00 feet, a distance
of 9.71 feet to the northerly line of a 66 foot wide Township Road identified as Fish Lake Road in Dunn
Township Resolution No. 2017-02 recorded as Document No. 1193804, according to the files of said
Recorder; thence North 79 degrees 52 minutes 21 seconds West along last said northerly line, a distance of
50.74 feet to the intersection with the southerly extension of said east line of the West 5.00 feet of Lot 11;
thence North 01 degree 56 minutes 45 seconds West along last said southerly extension, a distance of 19.66
feet to the point of beginning.
Containing 739 square feet more or less.
STAFF REPORT
Michael and Donna OndracekAPPLICANT:
Requesting to be 47' from OHWL. Required is 75'. Requesting to be at 28.64% total
impervious surface. Required is 25%.
Lot is substandard in size.
APPLICATION:
50599 Fish Lake, Detroit Lakes MN 56501LOCATION:
LAKE NAME/NUMBER/CLASS: Pelican, 56-786, GD
STAFF WHO COMPLETED REPORT: Chris LeClair
s
50599 nSH LAKE RD
Sho^^f sea'-ch results for 50599
■^7R^AkE
f ' Vi SbtelFISHLA
• ♦ \%
.r^
nmsistaff Recommendation: Either approve or deny. If a motion Is made to approve the application, staff recommends
the following conditions be Included:
1. No recommendation
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION III, Subp. 4, A
RIVERSLAKES
U&T Ag TransSETBACKS (Ft)GD RD NE
Elevation Above OHWL
Vertical Separation*3 3 3 33 3
Setback From
OHWL
Dwellings / Non-Dwellings 200 100 100 15075100
20 2020 20 2020WOAS
Lotline**
10 10Single Family Residence
Commercial PUD
10 10 1010
50 50 5050 50 50
50 50 505050Residential PUD 50
40 65 115406590WOAS
Top of Bluff 30 30 30303030
Road Right-ofTWav (Public / Private)
20 2020 20All Structures 20 20
Septic Tanks
10 10 10 10All Structures 10 10
Soil Treatment Area
20 20 20Dwelling
Non-Dwelling
Maximum Structure Height
20 2020
10 10 10101010
35 35 35Dwelling
Non-Dwelling
35 3535
20 20 20* ♦ *20 2020
1010 10 1010 10WOAS
SECTION IV, Subp. 8, B
The following are specific standards:
Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings
must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square ft.
B.
1.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. Site visit November 4, 2020
2. After the fact variance request
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:
Michael & Donna Ondracek
555 40^^ St S Apt 224
Fargo ND 58103
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, November 12, 2020 at 7:00 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.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No.-17000100115001
W 50' (on Rd) of Tr Bet Lots 10 & 11 Viken Bay
Section 10, Township 137, Range 42
Township Name - Dunn
Pelican (56-786), General Development (GD)
50599 Fish Lake Rd, Detroit Lakes MN 56501
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Requesting to be 47' from OHWL. Required is 75'. Requesting to be at 28.64% total impervious surface.
Required is 25%. Lot is substandard in size.
Amy Busko
Board of Adjustment Secretary
October 29, 2020
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
.K.. ji ■.Sf*L .f
Ijt ^
I 1
l>
I:t
V
.^jr~*>
Iyw
Cr4^
2^3 ^r~V.X
■’5.
_^N
i:
k>^(
\
K
1
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Other Impervious SurfaceBuildings
ProposedExistingExisting
i-x2
Proposed
Ft^Ft^Ft^Ft
MiDeck(s)Dwelling
Patio(s)Attached Garage
Sidewalk(s)Detached Garage
Landing(s)3bStorage Shed
Driveway(s)WOAS
llOParking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
nooTOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Total Lot AreaProposedExisting
Ft^ Ft^ Ft^Total Buildings Ft
-57^149b145'^100+-H X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Impervious
Surface
Ratio
Lot AreaProposedTotalTotal
Buildings + Other
Impervious Surface
Existing
Ft^Ft^ Ft^Ft^
"152-^'2-2' ‘■2-\5io O 100+H-X
Impervious Surface Calculation Worksheet 04-11-2016
DateSignature:,
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing.
Def # 76. Shore Impact Zone fSIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ Is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Existing Ft^Proposed Ft^
Building(s)
Deck(s)KoO
Patio(s)
Sidewalk(s)
Landing(s)
Drivewayfs)
Parking Area(s)
Retaining Wail(s)I
Landscaping
(Plastic Barrier)_____
Miscellaneous
mm oU 0TOTAL
Total
, Shore Impact Zone
Impervious Sulfacd
Existing Proposed TotalmmFt^Ft^Ft^^2^
wm Maximum Allowable 260 Ft^
mw'i o mmM
Impervious Surfece Calculation SIZ 04-11-2016
: nrf-Signature:'/mA DateT
- -w-—"
OTTER TAIL. COUNTY
LAND & RESOURGE MANAGEMENTPUBLIC WORI^S DIVISION
ottertailcountvmh.usGr^jEfTTnu
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
218-998-8095
FAX; 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTElD WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND/ OR BOARD OF ADJUSTMENT,
IBETWEEN OCTOBER 1^^ & MARCH 31^'^
I understand that, due to extenuating circunhstanees, the Planning Gommission
Members and/or the Board of Adjustment Members may not be able to view my
17000100115001 _____), described on
Applieation(s) dated
property/projeet (Tax Parcel #
my
10/21/2020
Since this is the case, it may not be possible for Otter Tail County to meet the
legal requirement to take action within 60 days of receipt of my completed
Application(s).
Check One:
I agree to waive the 60rDay Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view my
property before taking action on my ApplieatiOn(s).
I I I do not agree to Waive the 60-^Day Rule, and I understand that in the absence
of waiving the 60-Day Rule, the County may have no alternative but to deny
rny Application(s).
DATED PROPERTY OWNER
LR: Forms; Waiver 60 Day Rule 03-17-2020
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 29‘^ day of October, 2020 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Michael & Donne Ondracek
555 40*^^ St. S. Apt 224
Fargo ND 58103
Douglas Winter, Clerk
Dunn Township
50053 Fish Lake Rd
Detroit Lakes, MN 56501
Same as below
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 Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Little McDonald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
2
Big McDonald:
Devils (Near Perham):
HI
Little Pine & Big Pine:
South Turtle Lake:
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
^ulie Aadland, DNR Eco & Water Resources, 1509 1®’ Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: David Trites, 20944Westwood Dr., Clitherall MN 56524
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: October 29, 2020
Extra
BOA Members___5
PC Member
Envelopes _
TOTAL NOTICES TO PRINT___34
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press_____
6Amy Busko, Secretary
Otter Tail County Board of Adjustment
1 MinutesBy:21Amy Busko
l:\BOA\November BOA\Ondracek Affidavit (786) 11-12-20.de
- -rr
Buffer Parcels
Addr 2 Citv St ZiD
Fargo ND 58102 4487
Parcel No Addr 1Name 2Name 1
17000100114001 B & C Schlossman Lk Prop Ptnrs 505 Broadway N Ste 306
17000100114002 Frank & Katherine Miosek Detroit Lakes MN 56501 944550566 Fish Lake Rd
17000100114900 Kenneth Marks Detroit Lakes MN 56501948350650 Fish Lake Rd
17000100115000 Daniel J & Nikki Schmaltz Fargo ND 58102 13063143 10th St N
17000100115001 Michael F & Donna Ondracek 555 40th St S Apt 224 Fargo ND 58103 1175
17000100115002 Shawn M & Mary C Skrove 89 Prairiewood Dr S Fargo ND 58103 4651
Casselton ND 58012 022217000100115003 William J Radermacher PO Box 222
Grand Forks ND 58201 795317000100134000 Pelican Beach Resort Club Inc Attn Rodney Wilson 62 Sloping Hills Cv
Grand Forks ND 58201 781817000100134002 Anthony & Monique L Morando 5696 Cottonwood St
Grand Forks ND 58201 781817000991021000 Anthony & Monique L Morando 5696 Cottonwood St
Bradley! Anderson Fargo ND 58102 21372520 Willow Rd17000991022000
17000991023000 Creekside Townhomes LLC Fargo ND 58106 0507PO Box 10507
17000991024000 Marc C Johnson Et Al 3200 11th St S #207 Fargo ND 58104 4610
Fridley MN 55432 455517000991025000 Gary A & Margaret M Pillsbury 861 Rice Creek Ter NE
Los Altos CA 94022 400017000991026001 Julie A Buckley EtAI 271 De Anza Ln
Los Altos CA 94022 400017000991027000 Julie A Buckley Et Al 271 De Anza Ln
Los Altos CA 94022 400017000991028000 Julie A Buckley Et Al 271 De Anza Ln
Detroit Lakes MN 56501948317000991029000 Randy L & Michelle L Zimney 50631 Fish Lake Rd
17000991029001 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306
17000991030000 Todd A Hennum 3824 22nd St S Fargo ND 58104 6856
17000991030001 Robert B William Detroit Lakes MN 56501 948350647 Fish Lake Rd
Steven & Sherry K Garza 3610 Claburn Dr Austin TX 78759 821517000991031000
17000991032000 Earl & Kristi Jarolimek Tst 3114 37th Ave S Fargo ND 58104 7049
Page 1 of 2Tuesday, October 27, 2020
Parcel No Name 1 Addr 1 Addr2 City St Zip
West Fargo ND 58078 3912
Name 2
17000991033000 Kenneth Ruhland Et Al 402 Ramona Ave
17000991034000 Keith E & Doris M Kosse 6008 55th Ave S Fargo ND 58104 5691
17000991036000 B & C Schiossman Lk Prop Ptnrs 505 Broadway N Ste 306 Fargo ND 58102 4487
Tuesday. October 27. 2020 Page 2 of 2
Buffer Mail
Name Address i Address 2 City, State, Zip
Bradley T Anderson 2520 Willow Rd Fargo ND 58102 2137
B & C Schlossman Lk Prop Ptnrs 505 Broadway N Ste 306 Fargo ND 58102 4487
Creekside Townhomes LLC PO Box 10507 Fargo ND 58106 0507
Earl & Kristi Jarolimek Tst 3114 37th Ave S Fargo ND 58104 7049
Steven & Sherry K Garza 3610 Claburn Dr Austin TX 78759 8215
Todd A Hennum 3824 22nd St S Fargo ND 58104 6856
Julie A Buckley Et Al 271 De Anza Ln Los Altos CA 94022 4000
Kenneth Ruhland Et Al 402 Ramona Ave West Fargo ND 58078 3912
Keith E & Doris M Kosse 6008 55th Ave S Fargo ND 58104 5691
Marc C Johnson Et Al 3200 11th St S #207 Fargo ND 58104 4610
Kenneth Marks 50650 Fish Lake Rd Detroit Lakes MN 56501 9483
Frank & Katherine Miosek 50566 Fish Lake Rd Detroit Lakes MN 56501 9445
Anthony & Monique L Morando 5696 Cottonwood St Grand Forks ND 58201 7818
Michael F & Donna Ondracek 555 40th St S Apt 224 Fargo ND 58103 1175
Pelican Beach Resort Club Inc 62 Sloping Hills Cv Grand Forks ND 58201 7953
Gary A & Margaret M Pillsbury 861 Rice Creek Ter NE Fridley MN 55432 4555
William J Radermacher PO Box 222 Casselton ND 58012 0222
Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306
Shawn M & Mary C Skrove 89 Prairiewood Dr S Fargo ND 58103 4651
Robert B William 50647 Fish Lake Rd Detroit Lakes MN 56501 9483
Tuesday, October 27, 2020 Page 1 of 2
Name Address i Address 2 City, State, Zip
Randy L & Michelle L Zimney 50631 Fish Lake Rd Detroit Lakes MN 56501 9483
Tuesday, October 27, 2020 Page 2 of 2