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HomeMy WebLinkAbout17000990481000_Variances_04-14-2022lOVLr^'^ 1276929 Date Stamp LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/19/2022 11:14 AM FEE; 46.00 PAGES 4 WELL CERTIFICATE REC'D; N received K s DEC »s 2021 I IaNO & RESOUBCt L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE9]COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 W*T.V CO-C Bt:'' !3:' ^I.US OTTjERTflIl Application Fee > '—' Receipt Number ^4*1 Accepted by Date Property Owner Name bP)(^Address City State Zip Daytime Phone JTgQ 3^13 Email Parcel Information P2)Lake No Lake Name Lake Classyp6PePc^n Parcel Number(s)n000‘^’':0^/0/00('j Parcel Number(s)/ -1<X>01 '9/ 33ffO0O Township Name Legal Description Sectionf)(A h)T\ ______ _____ __________ £?acA /()T / Pe^oA PAvP Li U ^ ^ ip on r 113 ^ ! 2-'^Physical Address TYPE OF VARIANCE REQUESTED (Please Check) □ □ structure Setback 0 □Structure Size Sewage System Subdivision □□ □ Ciuster WECS Misceilaneous Version Date: 04/07/2020 1 itjolo ff OOO 99 /33 S' 0(^0 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. kc<r>J?'ir-a,^4!^ i,offru4 f<^ ^ tzD S7) -fW 7r fel/. OTTER TAIL COUNTY ORDINANCE; SECTION OF ORDINANCE: ^KiAsUlg^ k/^ ore^ y i<Uc, I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT UND & 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/Time of Hearing) /y’rt/ /V,Date of Hearing Ij Ot) ffy\Time (vifihon \ Paul Lykken - After the Fact Variance Request Approved (6:02 p.m.) April 14.2022 Paul Lykken sent an email dated April 4,2022, requesting to table his variance request to the next meeting. Darren Newville made a motion, seconded by Terry Marthaler and unanimously carried to table the variance request to May 12, 2022, as indicated in the email dated April 4, 2022. May 12.2022 Paul Lykken, property owner, represented the variance application. The audience was polled with no one speaking for or against this application. Paul submitted a photograph of the construction of the dwelling for the record. After consideration and discussion, David Trites made a motion, seconded by Terry Marthaler and unanimously carried to approve the after the fact variance request for the second story deck being 50 feet from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Chairman/Otter Tail County Board of Adjustment SiPermit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management f\r)/iU P)^iL4J ^ ■ L&R Official/Date® (aJiH ' r )V hJMJ h Copy of Application mailed to Applicant, County Assessor and MN DNR 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TfllloessTT-aiaiiioTi 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:Paul Lykken Address/Parcel No. 22113 Broadwater Dr. / 17000990481000 & 17000991338000 Requested Variance: Our second story deck does not meet the setback requirements. We are requesting a setback to 50 feet from 75 feet.________________________________________________________ Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4 A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Went through the process for completing the site and alteration project. planned for a 225 sq. ft. patio and overlooked including the 2"^* story deck. The structure was build using the building line. However. the neighbors build and when they built the building line got pushed back during the time of the construction of dwelling. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: There was a previous stringline that was applied to the construction of the new dwelling. That stringline changed since the neighbor built a new structure. 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... : j No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The stringline would allow the deck before the neighboring dwelling was rebuilt. 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?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The stringline would allow the deck before the neighboring dwelling was rebuilt. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) 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 fact that 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: The stringline would allow the deck before the neighboring dwelling was rebuilt. the requested variance.The Otter Taii County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: May 12, 2022 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. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 12, 2022 The Otter Tail County Board of Adjustment Members convened on May 12, 2022, at 6:00 p.m. at the Government Services Center. The meeting was held in person and via Microsoft Teams. The following persons were in attendance: David Trites Mark Johnson Thomas Lee Rick West Michael Donoho Darren Newville Terr> Marthaler Kyle Westergard, Assistant Director, Land & Resource Management Ben Olson, Assistant County Attorney Called to Order - Michael Donoho, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved -Rick West made a motion, seconded by Darren Newville to approve the April 14, 2022, Meeting Minutes. The Board of Adjustment considered the following application(s) for variance: Paul Lykken - After the Fact Variance Request Approved (6:02 p.m.) Paul Lykken, Lot 1 of Broadwater Beach and Lot 1 Broadwater Beach Third Addition, Life Estate of Arlene Lykken, Pelican Lake (56-786) in Dunn Township requested the following: Our second story deck does not meet the setback requirements. We are requesting a setback to 50 feet from 75 feet. This is an after the fact request. April 14. 2022 Paul L\kken sent an email dated April 4, 2022. requesting to table his variance request to the next meeting. Darren Newville made a motion, seconded b> J'eriy Marthaler and unanimously carried to table the variance request to May 12, 2022, as indicated in the email dated April 4, 2022. May 12. 2022 Paul Lykken, property owner, represented the variance application. The audience was polled with no one speaking for or against this application. Paul submitted a photograph of the construction of the dwelling for the record. After consideration and discussion, David Trites made a motion, seconded by Terrv Marthaler and unanimously carried to approve the after the fact variance request for the second story deck being 50 feet from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board's finding have been attached to and incoiporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. Christopher & Bridgcttc Holl -Variance Application Approv ed as Requested (6:13 p.m.) Christopher & Bridgette Holl. Lot 12 & Pt Lot 13 alg with Pt GL 2 (Land between Lot & Lake) Com NWly cor Lot 14 N. Big McDonald Lake (56-386) in Edna Township requested the follow ing: Proposing to construct an addition to dwelling being 8’ from the road right of way. required setback is 20’. Please note that the proposed addition w ill be behind the building line and potentially meets the required lake setback as well. Proposing to install a new septic system (drainfield) being 40’ from the ordinaiy high-water level, required setback is 75’ (best location setback is 50'). Also proposed drainfield will be 12’ from neighboring dwelling, required setback is 20’. The reason for the variance is due to the topography of the land and the substandard lot size. Mark Johnson has recused himself from this variance request. Christopher & Bridgette Holl, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. Edna Township submitted a letter in support of the variance request to the road right of way for the addition to dw'elling and septic. Board of Adjustment May 12,2022 Page I 1 Jerald & Didne Butenhoff - Continued April 14. 2022 Jerald & Diane Butenhoff, property owners represented the variance application. The audience was polled with no one speaking for or against the variance request. After consideration and discussion, Terry Marthaler_made a motion, seconded by Rick Wilson and carried to approve the revised variance to construct an addition to the dwelling being approximately 30’ from the ordinary high-water level and approve the shore impact zone impervious surface coverage to be at 17.5%. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Paul Lykken - Variance Application Tabled to May 12, 2022 (6:45 p.m.) Paul Lykken, Lot 1 of Broadwater Beach and Lot 1 Broadwater Beach Third Addition, Life Estate of Arlene Lykken, Pelican Lake (56-786) in Dunn Township requested the following: Our second story deck does not meet the setback requirements. We are requesting a setback to 50 feet from 75 feet. This is an after the fact request. Paul Lykken sent an email dated April 4, 2022 requesting to table his variance request to the next meeting. Darren Newville made a motion, seconded by Terry Marthaler and unanimously carried to table the variance request to May 12,2022, as indicated in the email dated April 4, 2022. Asche Tst. Et Al - Richard Asche - Variance Application Approved as Requested (6:46 p.m.) Asche Tst, Et Al - Richard Asche, Lot 3 & Lad Between Lot & Lake of Rolfson Beach. South Turtle Lake (56-377) in Sverdrup Township requested the following: Proposing to construct a dwelling on the parcel being at the elevation of 1322.71. The highest known is 1325.8 and the ordinary high elevation is 1318.14. Rick & Coleen Asche, property owners, represented the variance application. The audience was polled with no one speaking for or against this application. After consideration and discussion, Rick Wilson made a motion, seconded by Darren Newville and unanimously carried to approve the variance request construct a dwelling with the lowest floor at an elevation of 1323.5’. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Willaim & Sherry Ames Rushview Condominium CIC #62 - Variance Application Approved as Requested (7:18 p.m.) William & Sherry Ames. Rushview Condominium CIC #62, Unit 1 1/7 Interest in Common Elements, Rushview Condominium CIC #62, Rush Lake (56-141) in Rush Lake Township requested the follow ing: Requesting a variance to replace existing 23x30 (546 sq ft) dwelling 13 ft from OHWL v\ ith a 26x32 (832 sq ft) dwelling being 15 ft from OHWL. Also requesting to increase SIZ impervious surface from 5,350 sq ft to 5.636 sq ft. Maximum allowed shore impact zone coverage is 3218 sq. ft. (15%). Mark Dobbleman. Up North Construction. Contractor, represented the variance application. The audience was polled w ith no one speaking for or against this application. An email was received from Ed Went in support of the variance as requested. After consideration and discussion, Teny Marthaler made a motion, seconded by Mark Johnson, and carried with Rick Wilson voting no to approve the \ariance request to construct a 26" x 32’ replacement dwelling being 15ft from the ordinarv high-water level and increase the imper\ ions surface coverage in the shore impact zone to be no more than 5.636 sq. ft. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board's finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Board of Adjustment April 14, 2022 Page I 3 Amy Busko ^t>f\ ^^emku'^ ovo CtL (^ From: Sent: Amy Busko Upcoming Variance Meeting To: Subject: 1[You don't often get email from pjlykken(5)gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderldentification.] ^ Hi Amy. Sorry I missed your call. Since we are out of town April 11-19 and I would like to appear in person, please table our appointment until the next meeting. Please confirm the date and time for me. Should I still put out the neon green sign outside? I appreciate your help Amy. Have a great day. Thank you, PaulLykken 1 Amy Busko Amy Busko Wednesday, April 6, 2022 3:45 PM Rick Wilson; Chris LeClair; Kyle Westergard; Darren Newville; Mark Johnson; Michael Donoho; Rick West; Terry Marthaler; Thomas (Tom) Lee FW: Paul Lykken variance From: Sent: To: Subject: Comments regarding Lykken Variance request. Thanks AMY From; Garth Teske <ogteske(S)gmail.com> Sent: Wednesday, April 6, 2022 3:36 PM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Paul Lykken variance I You don't often get email from oateske@Qmail.com. Learn whv this is important Ms. Busko, I am the neighbor directly to the south of 22113 Broadwater. My address i 22121 Broadwater and I have some comments regarding the upcoming variance hearing. I have no problems regarding the 2nd floor deck and believe it should be approved. Our house is back further than theirs but that was our decision as we wanted more green space on the lake side than on the road side. I believe we moved back about 8 feet from where they had us staked. I also recall the Lykkens commenting, when they came up during the build, that they expected their house to be closer to the lake since it had been staked closer. I had to remind them they had a 2nd story deck which was part of their house and that had to be behind the stake line which it was. I would recommend you approve the requested variance with no reservations. Respectfully, Garth and Sandi Teske 22121 Broadwater 1 Amy Busko Amy Busko Wednesday, April 6, 2022 8:16 AM Rick Wilson; Chris LeClair; Kyle Westergard; Darren Newville; Mark Johnson; Michael Donoho; Rick West; Terry Marthaler; Thomas (Tom) Lee FW: Supporting the request for variance for our neighbors. From: Sent: To: Subject: Correspondence in regards to Lykken Variance request. Thank you AMY —Original Message— From: Kris. <kris@designingwomen2.com> Sent: Tuesday, April 5, 2022 7:50 PM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Supporting the request for variance for our neighbors. [You don't often get email from kris@designingwomen2.com. Learn why this is important at http://aka.ms/LearnAboutSenderldentification.] To whom it may concern, We are next door neighbors (north) to the Lykkens @ 22113 Broadwater Dr. Pelican Rapids, MN 56570. As neighbors, we don't have any concerns with their deck. We would recommend the Board of Adjustments approve Lykken's request for variance. Thanks so much and happy Spring! Kris and Todd Carlson 22107 Broadwater Dr. Pelican Rapids, MN 56570 1 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: PaulLykken 22113 Broadwater Dr Pelican Rapids MN 56572 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, April 14, 2022, at 6:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us and must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 17000990481000 & 17000991338000 Lot 1 of Broadwater Beach and Lot 1 Broadwater Beach Third Addition, Life Estate of Arlene Lykken Section 7, Township 137, Range 42 Township Name - Dunn Pelican Lake (56-786), General Development (GD) 22113 Broadwater Dr., Pelican Rapids MN 56572 Lake Name/Number/Class: Property Address; The variance requested is the following: Our second story deck does not meet the setback requirements. We are requesting a setback to 50 feet from 75 feet. Aniv liuskn Board of Adjustment Secretary March 31, 2022 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 12/8/2021 To: Board of Adjustment members: Thomas Lee (Chair) Darren Newville (V Chair) Douglas Larson (Member) Michael Donoho (Member) Terry Marthaler (Member) Re: Request for After the Fact Variance for 2"“ Floor Deck Dear Board of Adjustment members. My Great, Great Uncle Gust Hogberg built his cabin on Pelican Lake back in the 1930's for him and his wife. Belle. It has been in our family ever since and has been a regular part of pur summer lives since 1972 when my mother and father purchased it fronri Uncle Gust. Last year, as a family, we determined the cabin had reached end of life and needed to either be replaced or a lot of money was needed to resolve its issues such as sinking rooms, rotted windows, etc. My wife and I have recently retired and couldn't be more thrilled to have built a new lake home in its place and we are in process of moving permanently up to Pelican Lake. We will be up there full time on December 17^. It will forever be a Lykken family lake home that will be enjoyed for many lifetimes. As I worked through the Otter Tail building permit and application process with Brittany, I tried to be very careful and as forthright as possible as the last thing I wanted to have was an issue with any part of the.permit/application/approval process. Brittany has been very helpful and great to work with. My error was not asking enough questions about what info was needed for final approval. What I mean by this is the 2"“ floor deck that was always part of our building plans. When I answered the question on the Structure and Shoreland Application for a deck followed by a question on a patio, I answered NO to a deck since we were building a paver patio instead. I never thought that a 2''*' floor deck (half the size of our paver patio) was going to present an issue for us. During the lake home construction process, our builder accounted for the 2'"‘ floor deck and as a result dug the foundation behind the stake posts put in the ground by Otter Tail County. In fact, we have early construction pictures showing the foundation was, in fact, backed up from the stakes. The problem is that I never got approval for the deck which is a complete miss on my part and for that, I apologize. I just never knew it would be a concern and it wasn't anything that Brittany and I ever discussed. I called Brittany a month ago letting her know all construction was complete and we were ready for our Final Inspection and learned of this setback issue. I am asking you to please consider approving this request. We are looking forward to living full time in Otter Tail County and being active members of the community. Sincerely, Paul & Audrey Lykken V. )\rV,LiL fo OHwLSO r'3^9' ^ec< ^ IS pafio ^Id.J /a ■36 3i^' / / /•?/i / •n /I. >A-~i/V —?'J!I — 1^ ff' [ cJV 3t^> Stt?IT. I — /Vi/a% / ^ otter Tail County oi^RTAiL Land & Resource Management Impervious Surface Worksheet Existing'i Page 1 22113 Broadwater Drive Pelican Rapids 17000990481000 & 17000991338000PINProperty Address ^operty Arse (from GiS or Survey):Square Footage of Lot Acfos X43.560 le0A110097 ToW Area ARowad for Impervious Surface Alx^Total Area ABowed for BuRdir^ Alx^2019.4 ft*A2 2524.25 ft*A3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total Impervious Surface Area Description AreaDescription 1028 te 300 ft*1556 teTotal frnpervioua-BuBdhga B1Orlvewayi^arking araa(s)OweSing and Attached Garage 930 ft*630 ft*480 ft*C1Patlo/SidevmllcDetached Garage Total lmpervious*Other ^9 Total Impervious Surfoce « B1 ^Cl 2486 ft*RetaMng wai(s)D1Shsd(s) Total Percent Impervious (O1«A1)x100 24.62%El48 ft*Landscaping ft*38.25ft*Recreatfonal Camping Urut Other AlovMbfo Total Area RemairUng A2>01 ft* ft*ft*Water Oriented Accesaory Structure 930 ft*1556 ft*Project being requested:ClB1Total l>npeivlaus.OtherTotal lmpaorious*6ufldfoga Accessory structures less lhan or equal to 120 sq ft _ without a permlL This exemption only applies to items LJ not located in the Shore kipatit Zone. BhjfT Impact Zone, or Wetlands. Buirflng impervious SurfacePercentage (B1-*^A1)x100 Reviewed by L&R □ El Greater than 15% Exemption Not Allowed Date:intB215.41% □ El 15% or less Exemption Allowed &naH landscaping projects under 200 sq ft. This Q exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Aloweble Bulding AreaRemaining A3-B1 463.40 ft*B3 SHORE IMPACT ZONE 37.5 ft (6D Lakes) 50 ft (RD Lakes/ AgrloXture, Urtwn.Trfoutery Rivers)^ 75 ft transition River) 100ft(NE Lakes) 37.5 ftSIGeneral DevelopmentLake Oasafflcatfon Shora ItTpad Zorte Area S1xS2 S3 1875 ft*S2 50 ftAverage lot wkfth in the Shore Impact Zone Total Area Mowed for Impervious Surface S3X.15 S4 ft*281.25 List eii other impervioue surfaces in the Shore fanpsct ZorwList aD stnicture fe^prints in the Shore Imped Zone Total tmpdvfoiis SutfKe DascridlonArea AreaDescription 0 ft*S544 ft*Ptaa/SU&mIk BuMngsBuidkigls) 44 ft*S6ft*fti Dk*(»)Other Totd Impervious Sufoce 85-^ S6 44 ft*S7ft*Landscapingfretainging wdKs) Total Percent Impervious (S7-^ S3) X100 2.35%ft*ft*Orhwwayff^arUng areefs) ft*ft* Aloeafale Area Remaining S4-S7 237.25 ft*ft*ft* 44 ft*0 fp SC Total Impervious-Other 36StZ Total impervloue-Buidfogr 35 7/1/2021 12/08/2021Paul Lykken Printed Name Signature ^ ■fie fS ^ Ae. Date SUBSURFACE SEWAGE TREATMENT SYSTEM e Land & Resource Management Government Services Center 540 Fir Avenue West Fei^us Falls MN 56537 QJ7CH JflU Phone: 218-998-8095 CERTIFICATE OF COMPLIANCE OOI»TT-BIIIIIOT« SITE/OWNER INFORMATION Property ID#: 17000990481000Site Address: W- Property Owner: BRUCE LYKKEN ET AL SSTS CONTRACTOR INFORMATION Installation Business: Renner Excavating LLC MPCA License #: L2567 Date of Installation: 2021-06-29Certified Individual on Job: Renner INSPECTION INFORMATION MPCA Registration No. County Permit No. 26364County Inspector: Brittany A. Tollefson Dates of Inspections: 2021-06-29 System Components: Holding Tank See as-built for detailed system component information Well Setbacks: 68 Feet Well Status: Well installed at time of inspection COUNTY VERIFICATION OF SOIL CONDITIONS County Inspector Who Verified Soil Conditions: See soil observation logs Tank Replacement Only: Yes Depth of Restriction Inches Depth System Installed Below Grade Inches Vertical Separation Provided at the Time of Installation Inches SWF: Yes Class V Injection Well: CERTIFIED STATEMENT This certifies that the subsurface sewage treatment system installed at the aforementioned address was inspected during installation and found to be in compliance with requirements of the Otter Tail County Sanitation Code and Minnesota Rules, Chapter 7080-7083. This Certificate of Compliance is valid for five (5) years from the date of issuance unless Otter Tail County finds evidence of an imminent threat to public health and safety. Supporting documentation with detailed information on the system can be found on the attached as-built. Brittany A. Tollefson843292e05e8aefad6c9e2937a37c7051b8f279c35557b639634e922d32b54a98 County Inspector 2021-06-29 MPCA Reg. #Date1 STAFF REPORT APPLICANT: Paul Lykken LOCATION: 22113 Broadwater DR, Pelican Rapids, MN 56572, PIN 17000990481000 & 17000991338000 LAKE NAME/NUMBER/CLASS: Pelican Lake, 56078600, General Development APPLICATION: Our second story deck does not meet the setback requirements. We are requesting a setback to 50 feet from 75 feet. STAFF WHO COMPLETED REPORT: Chris LeClair jj^ Otter Tail County Visit the County Website ▼ 22113 BROADWATER DR X Q, 'eii-'H *'cr 22113 KUOUrLMT Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 6, Subp. 4 Placement of Structures and Sewage Treatment Systems on Lots Structures and accessory structures must be located to meet all setbacks, and comply with the following OHWL setback provisions: Table IV Setbacks for Structures on a Lot StructuresClassification 200Natural Environment 100Recreational Development 75General Development 150Transition Agriculture, Urban and Tributary 100 Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. After the fact variance. OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountYrrin.usOTTER Tflll 0 o »■ 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 SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 1^^ & MARCH 31^^ I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # ^ <'^000^0^9!OiD ). described on Application(s) dated I_______________. 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 60-Day 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 Application(s). 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 my Application(s). /P-/?A //A- PkOP^TY OWhfERDATED 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 day of March 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake AssociationProperty Owner Township Clerk Sandra Tingelstad, Clerk See Below Dunn Township 47979 E. Lake Lizzie Rd Pelican Rapids MN 56572 Paul Lykken 22113 Broadwater Dr Pelican Rapids MN 56572 City Clerk (if located within 2 miles of a city) N/A S Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Eagle Lake: Lida Lakes Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 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 LU 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 Julie 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 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member: Rick Wilson - 609 W Lakeside Dr., Fergus Falls MN 56537 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: March 31, 2022 Extra___3Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members__ PC Member_____ Envelopes____^ TOTAL NOTICES TO PRINT____ |~| Added to Agenda Map |~~| Print out Findings of Fact Sheet Newspapers FF Daily Journal & PR Press 6 1 MinutesBy: Amy Busko 34 https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-786) 04-14-22.docx f'^’iBuffer Parcels .. Parcel No Addr 2Addr 1 Citv St ZiD Pelican Rapids MN 56572 7073 Name 1 Name 2 17000070082005 Gregory R Ballard 21265 Pelican Dr S 17000070082006 D Folden Tst Pelican Rapids MN 56572 706722202 Broadwater Dr Thomas & Eleanor English Tsts17000070090000 1224 Elm St Fargo ND 58102 2703 17000070094000 Thomas & Eleanor English Tsts 1224 Elm St Fargo ND 58102 2703 17000070096000 Richard J & Patricia R Forest Peoria AZ 85382 36829408 Taro Ln W 17000990481000 Arlene Lykken 448 19th Ave W Unit B West Fargo ND 58078 4641 17000990482000 Todd S & Kristie M Carlson Pelican Rapids MN 56572 706722107 Broadwater Dr 17000990483000 Duane H & Gail llvedson 20350 Painted Sky Dr N Surprise AZ 85374 4561 17000990484000 Renee L & Justin M Forde ArgusvilleND 58005 97962441 162nd Ave SE 17000990485000 Gary A & Barbara A Knutson 2042 5th St E West Fargo ND 58078 4252 17000990486000 Paul M & Joan M Cagley Tst 1810 Park Vista Dr Apt 115 Comanch lA 52730 9505 17000990487000 Forest Family Lake Prop LLC Attn Tricia F Johnson 1126 Thistlemeade Dr Houston TX 77094 4102 17000990488000 Roxane K Case 200 8th St S #201 Fargo ND 58103 1868 17000990489000 Timothy J & Carol M Hanson West Fargo ND 58078 0065PO Box 65 17000990490000 Ka ren T Beyer Et Al 3226 30th Ave S Fargo ND 58103 7833 17000990491000 James N & Terri L Ferragut 74 35th Ave NE Fargo ND 58102 1255 17000991262000 Ruth L Samson Revocable Tst 16012 W Falcon Ridge Dr Sun City West AZ 85375 6688 17000991263000 Paul R & Shelley M Giauque Cape Coral FL 33914 60242813 Sw 43rd Ln 17000991264000 Jon V & Julie K Jonasson 4002 15th St S Fargo ND 58104 6356 17000991265000 Kenneth Jr & Danielle Paulus 245 Prairiewood Dr S Fargo ND 58103 4625 17000991338000 Arlene Lykken 448 19th Ave W Unit B West Fargo ND 58078 4641 17000991339000 0 Garth Teske 3401 Bohnet Blvd N Fargo ND 58102 1248 17000991340000 David & Maggie Hale Grand Forks ND 58201 56481113 Reeves Dr Wednesday. March 9, 2022 Page 1 of 2 Parcel No Name 1 Addr 2 Citv St Zip Fargo NO 58102 0 Addr 1Name 2 17000991341000 Duane D Durr 1100 19th Ave N EstJ Pmb 123 17000991342000 Thomas & Julie Herzog 3132 10th St N Fargo ND 58102 1335 17000991343000 Ruth L Samson Revocable Tst 16012 W Falcon Ridge Dr Sun City West AZ 85375 6688 17000991344000 Ruth L Samson Revocable Tst 16012 W Falcon Ridge Dr Sun City West AZ 85375 6688 17000991344001 Ruth L Samson Revocable Tst 16012 W Falcon Ridge Dr Sun City West AZ 85375 6688 Wednesday. March 9. 2022 Page 2 of 2 Buffer Mail Address i City, State, ZipAddress 2Name Gregory R Ballard 21265 Pelican DrS Pelican Rapids MN 56572 7073 Todd S & Kristie M Carlson 22107 Broadwater Dr Pelican Rapids MN 56572 7067 Roxane K Case 200 8th St S #201 Fargo ND 58103 1868 D Folden Tst 22202 Broadwater Dr Pelican Rapids MN 56572 7067 Duane D Durr 1100 19th Ave N Est J Pmb 123 Fargo ND 58102 0 James N & Terri L Ferragut 74 35th Ave NE Fargo ND 58102 1255 Renee L & Justin M Forde 2441 162nd Ave SE Argusville ND 58005 9796 Forest Family Lake Prop LLC 1126 Thistlemeade Dr Houston TX 77094 4102 Richard J & Patricia R Forest 9408 Taro Ln W Peoria AZ 85382 3682 Paul R & Shelley M Giauque 2813 Sw 43rd Ln Cape Coral FL 33914 6024 David & Maggie Hale 1113 Reeves Dr Grand Forks ND 58201 5648 Timothy J & Carol M Hanson PO Box 65 West Fargo ND 58078 0065 Thomas & Julie Herzog 3132 10th St N Fargo ND 58102 1335 Duane H & Gail llvedson 20350 Painted Sky Dr N Surprise AZ 85374 4561 Jon V & Julie K Jonasson 4002 15th St S Fargo ND 58104 6356 Karen T Beyer Et Al 3226 30th Ave S Fargo ND 58103 7833 Gary A & Barbara A Knutson 2042 5th St E West Fargo ND 58078 4252 Arlene Lykken 448 19th Ave W Unit B West Fargo ND 58078 4641 Paul M & Joan M Cagley Tst 1810 Park Vista Dr Apt 115 Comanch lA 52730 9505 Kenneth Jr & Danielle Paulus 245 Prairiewood Dr S Fargo ND 58103 4625 Wednesday, March 9, 2022 Page 1 of 2 Address i City, State, ZipNameAddress 2 Ruth L Samson Revocable Tst 16012 W Falcon Ridge Dr Sun City West AZ 85375 6688 O Garth Teske 3401 Bohnet Blvd N Fargo ND 58102 1248 Thomas & Eleanor English Tsts 1224 Elm St Fargo ND 58102 2703 Wednesday, March 9, 2022 Page 2 of 2 r-'l 1174583No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( j/) not required Cert, of Real Estate Value No. CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 05/20/2016 11:41 AMOJo cog Q (Year)Wayne Stein, County Auditor/Treasurer CO CM FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD: N oo ICO Xo*“ rf/35’^<^e»oooo ioo Deputyn QUIT CLAIM DEED (Individual to Individual) THIS INDENTURE, Made thisday of May, 2016, between EUGENE I. LYKKEN and ARLENE LYKKEN, husband and wife, GRANTORS, and SANDRA TESKE, BRUGE LYKKEN and PAUL LYKKEN, GRANTEES, whose post office address is c/o Arlene Lj^dcen, 448 - 19* Avenue West, Unit B, West Fargo, North Dakota 58078. For and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, GRANTORS do hereby QUIT CLAIM to said GRANTEES, as tenants 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: Lot One (1) of Broadwater Beach, a subdivision of Lots Three (3) and Four (4) of Section Seven (7), Township One Himdred Thirty-seven (137), Range Forty-two (42), Otter Tail County, Minnesota. AND Lot One (1) of Broadwater Beach Third Subdivision of a part of Government Lot Two (2), Section Seven (7), Township One Himdred Thirty-seven (137), Range Forty-two (42), Otter Tail County, Minesota. EXCEPTING AND RESERVING to the GRANTORS, EUGENE I. LYKKEN and ARLENE LYKKEN, a life estate in the use, interest and profits fix>m the property for the remainder of their natural lives. STATE DEED TAX DUE: $1.65 COUNTY OF OTTER VA>f. STATE OF MINNESOTA DEEDtAXa ( U'5 NUMBER JLiiaaSH 3- date ic.«v\ otter Tail County, Minnesota 1174583 1 of 2 WITNESS, The hand of the GRANTORS: eugIneTTykken^^ CILuCl i-yju ^ ARLENE LYKKE STATE OF NORTH DAKOTA ) ) ss. COUNTY OF CASS ) On this day of May, 2016, before me personally appeared EUGENE I. LYKKEN and ARLENE LYKKEN, husband and wife, known to me to be the persons described in, and who executed the within and foregoing instrument, and acknowledged that they executed the same. <1^ iJbjL taiy PubliX Cass County, NDJULIE M KOPPELMAN Notary Public . T . State of North Dakota t.3 tt^C^mmisslon ExiiSres April 30,2020 t My Commission Expires: THIS INSTRUMENT WAS DRAFTED BY: Tax statements for the real property described in this instrument should be sent to: Marshall W. McCullough, CPA OHNSTAD TWICHELL, P.C. 901 -13* Avenue East P.O. Box 458 West Fargo, ND 58078-0458 TEL (701) 282-3249 FAX (701)282-0825 The total consideration for the transfer of this property is $500.00 or less. Eugene and Arlene L)icken 448 -19* Avenue West, Unit B West Fargo, ND 58078-4641 F:\USERS\EPMykkai, Eaecnc & ArtendOCD - Oner Tail Co S-6- l&vpd -2- OtterTail County, Minnesota 1174583 2 of 2