HomeMy WebLinkAbout17000340388001_Variances_05-20-20201239272
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
Date Stamp LU
OH
Z)
FERGUS FALLS, MH <•Cl
RECORDED ON URECEIVED
” MAY 20202c
"•^.AND & RESOUBCl
<LU06/19/2020 03:50 PM
FEE: 46.00
PAGES 10
WELL CERTIFICATE REC‘D: N
cS £»•LlI zX5X 1 I I
I 5 i
sH ^ ^
8 2 i I II J _oSJ f 1
t
ooUtoQCot<LlI X
uL&R Initial <
LUTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.00 O
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.usqniRTiiii
^5>0d.£)OApplication Fee
W7D-0rf\
ZZO-2.0
Receipt Number
Accepted by Date
Property Owner
Name ERIC & REBECCA NEWELL
Address 105 12TH ST NE
City BARNESVILLE
State MN
Zip 56514
Daytime
Phone 218-251-0081 (KELLI, ARCHITECT) 701-371-4434 (ERIC, OWNER)
Email KELLI@HARMONIOUSARCHITECTURE.COM (ARCHITECT)
Parcel Information
Lake No Lake Name Lake Class pp759FRANKLIN
Parcel Number(s)17000340388001Parcel Number(s)/
34,/.T/,Township Name DUNN Section fLegal Description SEE ATTACHED
_________________ ________________________24909 ALLEN LN P^K RAPIDS MN SipSl. ^
TYPE OF VARIANCE REQUESTED (Please Check)
Physical Address
IZ](A)Structure
Setback □□Structure Size Sewage System Subdivision
□□□Ciuster WECS Miscellaneous
Version Date 05/04/2020
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAL COUNTY
ORDINANCE(S) FROM WHICH THE VAIANCE REQIEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: VI GENERAL REQUIREMENTS
•q H donJlJ^K'
EM B; PLATTING TO
ALLOW THE CREATION OF (3) RIPARIAN LOTS LESS THAN 5 ACRES AND THE REPLACEMENT
OF EXISTING NON-CONFORMING STRUCTURE IN ACCORDANCE WITH MN STATUE 394.36, OR
(^)requesting a variance from structure setback to create addition to
^ NON-CONFORMING STRUCTURE.
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 SDCTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. 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 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.
APPLICATIONS ACCEPTED BY EMAIL ONLY DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION. EMAIL ALL REQUIRED
DOCUMENTATION LISTED ON THE APPUCATION CHECKLIST TO BOAtaCO.OTTERTAlL.MN.US PERMIT FEES MUST BE MAILED IN AND RECEIVED BY
NOON ON THE DEABUNE DATE. PLEASE NOTE ON THE CHECK WHAT APPLICATION THE CHECK IS FOR.
X;.5/20/2020
SKiClAfURE OF PfiOPEllTY OWNErI'AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive IMotIflcatlon of the Date/Time of Hearing)
JuM. W, lo'tO I'-OO f •Date of Hearing Time no •
Motion
Eric & Rebecca Newell - Variance Approved (7:20 p.m.)
After consideration and discussion, Darrin Newville made a motion, seconded by Rod Boyer and carried by roll call
vote to approve a variance to allow 2 dwellings on this parcel, with the condition that the existing non-conforming
dwelling located on the point by the water cannot be expanded, it has to remain the same size it currently is. The
dwelling needs to meet the requirements of the Shoreland Management Ordinance. 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. The variance as approved does not directly or indirectly grant any other variances for future
development.
new
Chairman/Otter Tail County Board of Adjustment
'TPimi ai JyU.
yPermit(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
L&R Official/Date
Version Date: 05/04/2020
2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCRTAIl
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:Eric & Rebecca Newell
Address/Parcel No. 24909 Allen Ln. / 17000340388001
Requested Variance: In our variance request we are proposing 2 different options for you to consider. Option A-
Requesting a variancefrom number 10 Subdivision provisions. Item B: Platting to allow the creation of 3 riparian lots less
than 5 acres and the replacement of existing non-conforming structure in accordance with MN Statute 394.36. Option B
- Requesting a variance from the structure setback to create an addition to non-conforming structure.________________
Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. X Subdivision. WECS Dock & Riparian Use Setback Ord.
Ordinance Section Citation: SMO - III. 4. A 8t Subd Controls Ord -10. B. (Platting)
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: They purchased the property over a year ago and looking to make this their
home. There is an existing historical structure that they want to preserve.
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 shail consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The property is unique with the existing historicai building they are trying to maintain and the new dwelling with meet the
requirements 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 shali consider what reasonable use of the property is lost (practical difficulties) by the strict enfarcement of the officiai
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:
This is q unique property with similar structures in the neighborhaod and they are weli within the impervious surface
requirements of the Shoreland Management Ordinance.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shali,
confer what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landovyner....
No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
1
...because;
The road coming into the property makes this unique situation.
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.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
There are similar structures In the neighborhood with similar setbacks.
S. 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 factthat coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
No, the issuance of the variance is only for economic considerations...
...because:
This is a unique property and we considered the factors in regards to the road coming in to the property.
KThe Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: June 11 2020
Board of Adjustment Chair
f.
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.
1203769No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( ) filed (")( ) not required.
Cert, of Real Estate Value No.
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
03/13/2018 03:37 PM
FEE: 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
lOco
'^r. HciycK 13^Jots'
(Year)
ioo Wayne Stein, County Auditor/Treasurer
by ft)
n O00 2>S03aPOO| Deputy
WARRANTY DEED
Individual to Joint Tenants
STATE DEED TAX
DUE HEREON: $1,221.00
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEEDTAX^
NUMBERjt_____
DATEaQHBDated: January \3,2018
FOR VALUABLE CONSIDERATION, DONNA E. KAYLOR, a single person,
ROBERT V. HAGEMAN, JR., and LINDA HAGEMAN, husband and wife, and DAN A.
HAGEMAN and DONNA HAGEMAN, husband and wife. Grantors, hereby convey and warrant
to ERIC C. NEWELL and REBECCA NEWELL, as joint tenants. Grantees, real property in Otter
Tail County, Minnesota, described as follows:
See legal description for "Tract F" attached hereto as Exhibit A;
Otter Tail County, Minnesota 1203769 1 of 6
\
together with all hereditaments and appurtenances belonging thereto, subject to the following
excqitions; Easements, restrictions, reservations and covenants of record.
Donna E. Kaylor
STATE OF TEXAS )
) ss.
COUNTY OF HARRIS )
The foregoing instrument was acknowledged before me this / ^ day of January, 2018, by
DONNA E. KAYLOR, a single person. Grantor.
........J'lotary Public
TAYLOR WALKER
; Notary Public, Stote of Texas
My Commission Expires
January 14, 2018
-2-
Otter Tail County, Minnesota 1203769 2 of 6
; •
IZ &Je.obert V. Hagem^, ^X
!•
Linda Hageman
s:
STATE OF ILLINOIS )
)ss.
COUNTY OF VERMILION )
The foregoing instrument was acknowledged before me this day of Januaiy, 2018, by
ROBERT V. HAGEMAN, JR., and LINDA HAGEMAN, husband and wife. Grantors.
Not4t7 Public
I!:•
■ I
-3-
V-
otter Tail County, Minnesota 1203769:3 of 6
I
Dan A. Hageman
;
Doniia Hageman
STATE OF ILLINOIS )
) ss.
COUNTY OF VERMILION )
The foregoing instrument was acknowledged before me this day of January, 2018, by
DAN A. HAGEMAN and DONNA HAGEMAN, husband and wife. Grantors.
OFFIdALSEAL
JEFFERY L. FAUVER
NOTARY,PU6LIC‘ STATE OF lOINOiS
MY COMMISSION EXPIRES 2-27.2021
THE SELLER CERTIFIES THAT SELLER DOES NOT KNOW
OF ANY WELLS ON THE ABOVE-DESCRIBED REAL PROPERTY.
THIS DEED IS GIVEN IN SATISFACTION OF THAT
CONTRACT FOR DEED RECORDED AS DOCUMENT NO. 1197907
FOR CONSIDERATION OF $370,000.00.
Tax statements for the real
property described in this
instrument should be sent to:
•i.ib
Eric C. Newell and Rebecca Newell
105 12th Street Northeast
Bamesville, MN 56514
This instrument was drafted by:
PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P.
110 North Mill Street
Fergus Falls, Minnesota 56537
Telephone: 218-736-5493
PSRK NOT CLOSING AGENT
RWB:ko|2010-7053/Deed 5
L'
-4-
. ..Otter Tail County, Minnesota 1203769 4'of6
EXHIBIT A - Tract F
That part of Goveixunent Lot 5 in Set^pn 34, Township 137 North, Range 42 West of the Sth
Principal Meridian in Otter Tail County, Minnesota, described as foUows:
Commencing at a found iron monument which designates the west quarter comer of said Section
34; thence South 00 degrees 25 minutes 01 second East on an assumed bearing along the west line of
smd Section 34 for a distance of 125.55 feet to an iron monument; thence South 73 degrees OO minutes
26 seconds East for a distance of 45.13 feet to an iron monument; thmce South 88 degrees 58 minutes
18 seconds East for a distance of ^.58 feet to an iron monument; thence easterly on a curve concave to
the south, having a central angle of 33 degrees 35 minutes 17 seconds and radius of 58.50 feet, for an arc
distance of 34.29 fleet (chord bearing Soudi 72 degrees 10 tninutes 39 seconds East) to an iron
monument; theiue South 55 degrees 23 minutes 01 second East for a distance of 98.15 feet toaniron
monument; thence easterly on a curve concave to the north,'having a central aiigle of 51 de^ees 48
minutes 17 seconds and radius of 186.50 feet, for an arc distance of 168.63 feet (chord bearing South 81
degrees 17 minutes 09 seconds East) to an iron raomunent; thence North 72 degrees 48 ininutes 42
seconds East for a distance of 39.39 feet to an iron monument; thence easterly on a curve concave to tire
south, having a central angle of 26 degrees Q7 minutes 50 seconds and radius of 208.50 feet, for an arc
distance of95.09 feet (chord bearing North 85 degrees 52 minutes 37 seconds East) to an iron
monument; thence South 81 degrees 03 minutes 28 seconds East for a distance of 104.48 feet to an iron
monument; thrace South 86 degrees 34 minutes 24 seconds East for a distance of 114.66 feet to an iron
monument; thence easterly on a curve concave to the north, having a central angle of 21 degrees 27
minutes 31 seconds and radius of 241.50 feet, for an arc distance of90.45 feet (chord bearing North 82
degrees 41 minutes 50 seconds East) to im iron monument; thence North 71 degrees 58 minutes 05
seconds Ea^ for a distance of 32;68 feet to an iron monument; thence easterly on a curve concave to the
south, having a central.angle of 68 degrees 45 minutes 07 seconds and radius of 108.50 feet, for an arc
distance of 130.19 feet (chord bearing Soufo 73 degrees 39 minutes 22 seconds East) to ah iron
monument; foence Soufo 39 degrees 16 minutes 48 seconds East for a distance of 62.94 feet to an iron
monument; thence east«ly on a curve concave to the north, haying a central angle of 61 degrees 46
minutes 50 seconds and radius of S^.50 feet, for an arc distance.of.104.05 feet (choid bearing South 70
degrees 10 minutes 13 seconds Ea^) to an iron monument; thence North 78 d^rees 56 ininutes 22
seconds for a distance of 33.41 feet to an iron monument; thence easterly on a curve concave to the
south, having a cenl^ angle 6f33 degrees 42 minutes 38 seconds and radius of 403.50 feet, for an arc
distance of237.41 feet (cho^ bearing South 84 degree 12 minutes 19 seconds East) to an iron
monument; thence South 67 degrees 21 minutes 00 seconds East for a distance of 205.27 feet to an iron
monument; thence soufoeasterly on a cinve concave to the southwest, having a central angle of 79
degirees 46 minutes 09 seconds and riulius of 133.50 feet, for an arc length of 185.86 feet (chord bearing
South 27 de^ees 27 minhtes 55 seconds East) to an iron monument; thence South 12degrees25
ininutes 09 seconds West for a distance of 108.54 feet to an iron monument; thetme southeasterly on a
curve concave to the northeast, havmg a central angle of 74 degrees 19 minutes 04 seconds and radiiri of
79.50 feet, for an arc distance of 103.12 (chord bearing South 24 degrees 44 minutes 23 seconds ^ist)
feet to an iron monummt; thence South 61 degrees 53 minutes 55 seconds East for a distance of 25.30
feet to an iron monuiiient, said point is the point of beginning; thence North 04 degrees 42 minutes 41
seconds East for a distance of260.36 feet to an iron monument; thence North 55 degrees 34 minutes 05
seconds East for a distance of277.67 f(^ to a found iron monument; thence continuing North 35
degrees 34 minutes 05 seconds East fora distance of 14 feet, niore or less to the water’s edge of
Franklin Lake; Oience soiitheasteriy, southerly, and westerly along the water’s edge of said Franklin
Lake to the intersection with a line which bears South 04 degrees 42 minutes41 seconds West from the
point ofbeguining;thffice North 04 degrees 42 minutes 4] seconds East for a distance of 33 feet, more
or lessi to the point of beginning. The above described tract contains 5.1 acres, more or less.
.
(•
■ ‘ i
'•
■A
Otter Tail County, Minnesota 1203769 5 of 6
TOGETHER WITH a 33.00 foot wide easement for ingress and egress purposes, over nnHw and
across part of said Government Lot 4 and said Govemment Lot 5. The southerly sideline of said 33.00
foot wide ingress and egress easement is described as follows:
Commencing at a found iron monument which designates the west quarter comer of said Section
34; thence South (K) degrees 25 minutes 01 second East along the west line of said Section 34 for a
distance of 12S.S5 feet to an iron monument; thence South 73 degrees 00 minutes 26 seconds East &r a
distance of 45.13 feet to an iron monument; thence South 88 degrees 58 minutes 18 seconds East for a
distance of 98.58 feet to an iron monument; thence easterly on a cinve concave to the south, having a
central angle of 33 degrees 35 minutes 17 seconds and radius of 58.50 feet, for an arc distaiKe of 34.29
ieet (chord bearing South 72 degrees 10 minutes 39 seconds East) to an iron monument; thence South 55
degrees 23 minutes 01 second East for a distance of 98.15 feet to an iron monument; thmce easterly on a
curve concave to the north, having a central angle of 51 degrees 48 miiuites 17 seconds and radius of
186.50 feet, for an arc distance of 168.63 feet (chord bearing South 81 degrees 17 minutes 09 seconds
East) to an iron monument; thence North 72 degrees 48 minutes 42 seconds East for a distance of 39.39
feet to an iron monument; thence easterly on a curve concave to the south, having a central angle of 26
degrees 07 minutes SO seconds and radius of208.50 feet, for an arc distance of 95.09 feet (chord bearing North 85 degrees 52 minutes 37 seconds East) to an iron monumeirt; thence South 81 degr^ 03
minutes 28 seconds East for a distance of 104.48 feet to an iron monument; thence South 86 degrees 34
minutes 24 seconds East for a distance of 114.66 feet to an iron monument; thence easterly on a curve
coiwave to the north, having a central angle of 21 degrees 27 miniues 31 seconds and radius of 241.50
feet, for an arc distance of 90.45 feet (chord bearing North 82 degrees 41 minutes 50 seconds East) to an
iron monument; thence North 71 degrees 58 minutes 05 seconds East for a distance of 32.68 foet to an
iron monument; thence casteriy on a curve concave to the south, having a central angle of 68 degrees 45
minutes 07 seconds and radius of 108.50 feet, for an arc distance of 130.19 feet (chord bearing SouOi 73
degrees 39 minutes 22 seconds East) to an iron monument; thence South 39 degrees 16 minutes 48
seconds East for a distance of 62.94 feet to an iron monument; thence east^ly on a curve concave to the
north, having a central angle of 61 degrees 46 minutes 50 seconds and radius of 96.50 feet, for an arc
distance of 104.05 feet (chord bearing South 70 degrees 10 minutes 13 seconds East) to an iron
monument; thence North 78 degrees 56 minutes 22 seconds East for a distance of 33.41 feet to an iron
monument; thence easterly on a curve concave to foe south, having a central angle of 33 degrees 42 minutes 38 seconds and r^us of 403.50 feet, for an arc distance of237.41 feet (chord bearing South 84
degrees 12 minutes 19 seconds East) to an iron monumoit; thence South 67 degrees 21 minutes 00
seconds East for a distance of205.27 feet to an iron monument; thence southeasterly on a curve concave
to the southwest, having a central angle of 79 degrees 46 minutes 09 seconds and radius of 133.50 feet,
for an arc length of 185.86 feet; (chord bearing South 27 degrees 27 minutes 55 seconds East) to an iron
monument; thence South 12 degrees 25 minutes 09 seconds West for a distance of 108.54 feet to an iron
monument; thence southeasterly on a curve concave to foe northeast, having a central angle of 74
degrees 19 minutes 04 seconds and radius of79.50 feet, for an arc length of 103.12 feet (chord bearing
Soufo 24 degrees 44 minutes 23 seconds East) to an iron monument; thence South 61 degrees 53
minutes 55 seconds East for a distance of25.30 feet to an iron monument and said southerly sideline
there terminates. The northerly sideline of said 33.00 foot wide ingress and egress easement shall be
prolonged to terminate on foe west line of said Section 34 and shall be shortened to tominate on a line
bearing North 04 degrees 42 minutes 41 seconds East from the point of termination.
SUBJECT TO easements, restrictions or reservations of record, if any.
Otter Tail County, Minnesota 1203769 6 of 6
M. Garber Trust - Continued
Roll call vote as follows:
Board of Adjustment YEA NAY ABSENT ABSTAIN
Thomas Lee X
XDarren Newville
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Rod Boyer - PC Member
X
X
Chad Decker - Variance Approved as Requested (7:20 p.m.)
Chad Decker, Lots 20 & 21 of Madison Beach, Clitherall Lake (56-238), Clitherall Township request the following: Requesting that
addition be parallel with the house. This variance is requesting that new addition is 67’ from high water requesting that garage
addition is less than 20’ from drain field, request to be at 18’ to drain field.
Chad Decker, property owner represented the variance application. The audience was polled with no one speaking for or against the
variance application.
After consideration and discussion, Terry Marthaler made a motion, seconded by Douglas Larson and carried by a roll call vote to
approve the variance to construct an addition to the dwelling being 67’ from the ordinary high water level and 18’ to the drainfield.
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. The variance as approved does not directly or indirectly grant any other variances for future development.
Roll call vote as follows:
Board of Adjustment ABSTAINYEANAYABSENT
Thomas Lee X
XDarren Newville
Douglas Larson
Michael Donoho
X
X
Terry Marthaler
Rod Boyer - PC Member
X
X
Eric & Rebecca Newell - Variance Approved (7:20 p.m.)
Eric & Rebecca Newell, Part of GL 5, Franklin Lake (56-759), Dunn Township request the following: In our variance request we are
proposing 2 different options for you to consider. Option A - Requesting a variance from number 10 Subdivision provisions, Item B:
Platting to allow the creation of 3 riparian lots less than 5 acres and the replacement of existing non-conforming structure in
accordance with MN Statute 394.36. Option B - Requesting a variance from the structure setback to create an addition to non-
conforming structure.
Michael Donoho recused himself from this application.
Eric Newell, property owner and Kelli Wegschied, Architect represented the variance application. The audience was polled with no
one speaking for or against the variance application.
After consideration and discussion, Darrin Newville made a motion, seconded by Rod Boyer and carried by roll call vote to approve a
variance to allow 2 dwellings on this parcel, with the condition that the existing non-conforming dwelling located on the point by the
water cannot be expanded, it has to remain the same size it currently is. The new dwelling needs to meet the requirements of the
Shoreland Management Ordinance. 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. The variance as approved does not directly or indirectly grant any other
variances for future development.
1
Board of Adjustment
June 11,2020
Page I 4
Newell - Continued
Roll call vote as follows;
Board of Adjustment
I
NAYYEA ABSENT ABSTAIN
(
Thomas Lee X
Darren Newville X
:'5>?XDouglas Larson
Michael Donoho Abstain
Terry Marthaier
Rod Boyer - PC Member
X
X ;
Other Business
Chris indicted that July will be a remote public hearing.
The members were pleased with the staff reports and found them very helpful.
With no further business, Thomas Lee, Chairman declared the meeting adjourned at 7:58 p.m.
Prepared by:
Amy Busko, Seeretary
The minutes were emailed on June 15,2020, to, the Otter Tail County Board of Adjustment. Official action regardmg these minutes
will be taken by the Board of Adjustment at their next regularly scheduled meeting.
■:
~ i.'Board of Adjustment
June 11,2020
Page I 5
Ai.
;■(
A'
• V. ,
STAFF REPORT
Eric & Rebecca NewellAPPLICANT:
In our variance request we are proposing 2 different options for you to consider.
Option A-Requesting a variance from number 10 Subdivision provisions, Item B: Platting
to allow the creation of 3 riparian lots less than 5 acres and the replacement of existing
non-conforming structures in accordance with MN Statute 394.36. The proposed lot
sizes are on file at Land & Resource Management.
Option B-Requesting a variance from the structure setback to create an addition to non-
conforming structure.
APPLICATION:
24909 Allen Ln., Pelican Rapids MN 56572 PIN 17000340388001LOCATION:
LAKE NAME/NUMBER/CLASS: Franklin (56-759) RD
STAFF WHO COMPLETED REPORT: Full Name
24909 ALLEN LN
Shovsi r«&utu for 24909 .
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1.
Applicable Ordinances/Statutes
SUBDIVISION CONTROLS ORDINANCE
VII. METES AND BOUNDS STANDARDS
No subdivision of real property in which the divided tract is described by metes and bounds shall be permitted,
unless all tracts meet the following standards:
1. Each lot, located in the Shoreland Area or containing a wetland area must be a minimum of 5 acres in size;
and all other lots must be a minimum of 2.5 acres in size.
SHORELAND MANAGEMENT ORDINANCE
GENERAL REQUIREMENT
Subdivision Provisions
Platting
All subdivisions with lots or parcels that are less than 5 acres in size must be platted in accordance with
Minnesota Statute 505. No conveyance or other document creating a subdivision of any real property
other than by a duly approved plat, shall be recorded, unless accompanied by a registered surveyor's
drawing for recording.
SECTION IV, SUBP. 12
Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in
accordance with Minnesota Statute 394.36
IV.
10.
B.
D.
MINNESOTA STATUTE 394.36
Subd. A.Nonconformities; certain classes of property.
This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real
estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption of an official control under this
chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but
not including expansion.
Staff Comments: Based on a review of the application and a site review, Staff offers the following comments:
1. Is Allen LN a township road? How is it established? By easement? No existing right-of-way on Allen LN. If
lots are subdivided, they must be connected to a dedicated road that has a permanent minimum width of
66 feet right-of-way (R.O.W.)
2. This would create a dead-end road, which requires a cul-de-sac that has a minimum R.O.W. diameter of
120 feet and have a minimum traveled surface diameter of 100 feet per Subdivision Controls Ordinance
Appendix III.
3. All of these points would be addressed during the platting process with the Planning Commission.
LAND & RESOURCE MANAGEMENT
OTTERTAIL 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:
Eric & Rebecca NeweN
105 12“’St. NE
Barnesville MN 56514
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/June 11, 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. -17000340388001
PtofGLS
Section 34, Township 137, Range 42
Township Name - Dunn
Franklin (56^759), Recreational Development (RD)
24909 Allen Ln., Pelican Rapids MN 56572
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
In our variance request we are proposing 2 different options for you to consider.
Option A - Requesting a variance from number 10 Subdivision provisions. Item B: Platting to allow the
creation of 3 riparian lots less than 5 acres and the replacement of existing non-conforming structure in
accordance with MN Statute 394.36. The proposed lot sizes are on file at Land & Resource Management.
Option B - Requesting a variance from the structure setback to create an addition to non-conforming
structure.
Amy Busko
Board of Adjustment Secretary
May 28, 2020
.
(@) ottertailcountymn.usOTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
P (IP LOT
IMPERVIOUS SURFACE CALCULATION
List & identify aii existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Existing ProposedProposed Existing
Ft2Ft^Ft2Ft2
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage
Storage Shed
Sidewalk(s)
Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous
13‘^SO OTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
FF Ft2 Ft2 Ft2Total Buildings
0 -TiD 100++X=
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
ProposedTotal
Buildings + Other
Impervious Surface
Existing Total Lot Area Impervious
Surface
Ratio
Ft2 Ft2FF Ft2
3.6. ^, o ,0 100+s s
LR: Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04*11-2016
Signature: Date
OPTid/0 tASHORE 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 scale drawing.
Def # 76. Shore Impact Zone (SIZI: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^
V
10^1
Building(s)
(J>*^Deck(s)
Patio(s)
Sidewalk(s)
Landing(s)
r; [moUTtt)WhUDriveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous
3IS5 ‘if S'AS' SFTOTAL
13.^0 SF
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft2 Ft2 Ft2
Maximum Allowable 260 Ft*
+S
LR: Online Permittir>g Forms 2016: Impervious Surface Calculation SIZ 04-11-2016 ^iwlwzo^ rpOiZ-c Rpai^_
mpCfVlcXS %\JJrpiy(L£-
Signature:Date:
l'ds%o sP"ji^
(g) A^i-H'OA ^
e.y.is>nn6)
nc>
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
93-3,\5U>Lot Area (ft^):
Buildings Other impervious Surface
Existing Proposed Existing Proposed
Ft2 Fg Fg Fg
Dwelling 5jOODeck(s)
loopAttached Garage Patio(s)2DO
Detached Garage Sidewalk(s)/ OO
Storage Shed Landing(s)
•^1 gMWOASDriveway(s)/OOP
RCU Parking Area(s)SO O
Miscellaneous Retaining Wall(s)fjo o
Landscaping
(Plastic Barrier)Miscellaneous
3 tnooZ oooTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft2 Ft2 FgTotal Buildings Ft2
1^0 37SC>in- onzvoo 100++X=
Buildings Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft2 Ft2 Ft2 Fg
/0,3a^apa, i6t^^loo 100++=:X =:
LR: Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016
5/30
Signature:.Date
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 scale drawing.
Def # 76. Shore Impact Zone (SIZ):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)
Go S'Deck(s)
Patio(s)
Sidewalk(s)
ivity r\€ D>
Landing(s)
355H tpooDriveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)Miscellaneous
(00 oTOTAL
Total
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft2 Ft2 Ft2
Maximum Allowable 260 Ft*
(DOO 5 U> 2-^+
LR: OnNne Permitting Forms 2016; Impervious Surface Calculation SIZ 04-11-2016
Signature:.Date:
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 28*^ day of May, 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
Eric & Rebecca Newell
105 12*^’ St. NE
Barnesville MN 56514
Douglas Winter, Clerk
Dunn Township
50053 Fish Lake Rd
Detroit Lakes, MN 56501
Franklin Lake Association
Ross Herseth
46081 Birch Grove Dr.
Pelican Rapids MN 56572
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 (NejrPerham):
Little
Little Pi
Pelic
South Turtle Lake:
Otter Tail County COLA, 4302 13*'' Ave S Ste, 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
_Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
re
Big McDonald Lake Improvement Dist, PO Box 81, Dent, MN 56528
IIS (N^Kernam): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
nHcDronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
' Fine Lakes Imp. Dist., PO Box 405, Perham, MN 56573FishVBass & 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
UJ
Big Pine:
Board of Adjustment Members:Harmonious Architecture
Kelli Wegscheid, AIA
107 West Main St.
Perham MN 56573
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: Rod Boyer, 51127 E. Wymer Lake Rd, Frazee MN 56544
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: May 28, 2020
Extra_______
BOA Members
PC Member
Envelopes _
TOTAL NOTICES TO PRINT___17
m Added to Agenda ^9 Map
Print out Findings of Fact Sheet
Newspapers FFDJ & PR Press
7Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
1 MinutesBy:3Amy Busko
l:\BOA\June BOA\Newell Affidavit (759) 06-11-20.docx
Buffer Parcels
Parcel No
17000340388000 Donna Kaylor Et Al
Name 1 Addr 1Name 2 Addr 2 Citv St ZiD
Magnolia TX 77353 1306PO Box 1306
17000340388001 Eric C & Rebecca K Newell 105 12th St NE Barnesville MN 56514 3526
17000340388003 Thomas & Yvonne Lykken Et Al 3681 Eairway Rd Fargo ND 58102 1278
Tuesday, May 26, 2020 Pase 1 of 1
Buffer Mail
Address i Address 2 City, State, Zip
Magnolia TX 77353 1306
Name
Donna Kaylor Et Al PO Box 1306
Eric C & Rebecca K Newell 105 12th St NE Barnesville MN 56514 3526
Thomas & Yvonne Lykken Et Al 3681 Fairway Rd Fargo ND 58102 1278
Tuesday, May 26, 2020 Page 1 of 1