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Home My WebLink About17000990822000_Variances_12-10-2020Jf* 1250053Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 12/17/2020 01:55 PM m: r--I j i ....j L:&R Initial tmr\tJ. {THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE “CO COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us 0 oApplication Fee ci\z.U ^02.0 vJqyu.4i buO/dCUidCOMPLETE THIS APPLICATION IN INK Receipt Number /W- z\e>-9m-ziz7 V Accepted By / Date LjLjviiiT* J j jaKop . CnAO U<y<;QVT^ Pelu an <-K\C>DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS E-MAIL ADDRESS LAKE NUMBER LAKE NAME SECTION D(o TOWNSHIP _LAKE CLASS 6? 5 PuKJhJ________Mz.\32.TOWNSHIP NAMERANGE n 0OO^°{ OZ'LZ ObO E-911 ADDRESS PARCELNUMBER \'l r>on OOP heMih Dr. de^hni'J- LuU^. mfO <5u£oi LEGAL DESCRIPTION l a I0^ P-cu6a_n ■*- . 'J~y'ctc4^ f All L-oF Lp L\ i-C ^ VctC '(ZA- V-cUlui^ La.1u PtxvV—Z- TYPE OF VARIANCE REQUESTED (Please Check) OL WECS Misc.Subdivision CiusterSewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. SkpY-e [ftKgl yAkw<Lj.LM-g,iA,V OtcIivlaac-^ 111. 4 5e|-k)^^ OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: On October 8, 2020, the Board of Adjustment granted a Variance to replace the existing dwelling being 8'2" from the East lotline and S'l" from the West lotline. We are requesting to shift the proposed dwelling to the East 1' making the setback from the East lotline 7'2" and increase the setback to the West lotline to 7'1". The shift of the proposed dwelling will not change the approved 38.8% impervious surface coverage granted by Variance on October 8, 2020. I /■s I UNDERSTAND THAT I HAVE APPLiED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. C GNATUR^OF PRO DATEPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY IktanktK }Q,A)2oDate Of Board of Adjustment Hearing Motion Time James & Lynne Giordano - Variance Application Approved (6:00 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Michael Donoho,^d carried by roll call vote to approve the variance request to replace the existing dwelling being 7 2 from the east lotline and T1” from the west lotline. 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 M^agement Department. It was noted that this shift will place the proposed dwelling centered on the lot. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR Official/Date CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflll ooaaTT ■tatiioTa GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:James & Giordano Address/Parcel No. 22468 Senns Beach Rd / 17000990822000 & 17000990841000 Requested Variance: On October 8, 2020, the Board of Adjustment granted a Variance to replace the existing dwelline being 8'2" from the East lotline and 6'1" from the West lotline. We are requesting to shift the proposed dwelling to the East 1' making the setback from the East lotline 7'2" and increase the setback to the West lotline to 7'1". The shift of the proposed dwellinR will not change the approved 38.8% impervious surface coverage granted by Variance on October 8. 2020. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. UWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: HI. 4. A. A variance may be granted aniy 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 follo\wing practical difficulty: The request is to center the proposed dwelling on the property and to keep the peace with the neighbors. 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: The Land Use Ordinance allows property owners to develop and improve their property 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: The are proposing to center the proposed dwelling on their lot and there will be no further encroachment on the lake. 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 topography of the land restricts the suitable area being considered. 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 land use patterns and property uses in the vicinity of the request. 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). 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 proposed dwelling will be centered on the lot. The 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: December 10, 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. Page 3 of 3 QUITCUIM DEED Exhibit A Lot 47 of Pelican Lake Park and Lot 6 of the Second Addition to Pelican Lake Park excepting a triangular strip along the East side of said Lot 6 described as follows: Beginning at a point on the North line of said Lot 6,10 ft. West of the Northeast corner thereof; thence South approximately 111 ft. to the Southeast corner of said Lot 6; thence northerly a distance of approximately 114 ft. to the Northeast corner of said Lot 6 and thence West 10 ft. along the northerly line of said Lot 6, to the point of beginning, being the triangular strip heretofore conveyed by Ulrich Senn, Jr., also known as Ulrich Senn, and Evabelle Senn, also known as Evabell Senn, husband and wife, to Harriet Henderson and Fred D. Henderson by deed dated May 25,1940, filed for record July 11; 1940, and recorded in Book 194 of Deeds, Page 333. 1 4842-7600-2162\l Otter Tail County, Minnesota 1217844 3 of 3 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, December 10, 2020 The Otter Tail County Board of Adjustment met Thursday, December 10, 2020, with the following persons in attendance via GoToMeeting: Terry Marthaler Thomas Lee Jack Rosenthal Darren Newville Douglas Larson Michael Donoho Chris LeClair, Director, Land & Resource Management Ben Olson, Assistant County Attorney The meeting was held via GoToMeeting due to the health pandemic and declared emergency in accordance with Minn. Stat. Sec. 13D.021 Subd. 1(1). Called to Order - Thomas Lee, Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the November 12,2020 meeting. The Board of Adjustment considered the following applicationfs) for variance: James & Lynne Giordano - Variance Application Approved (6:00 p.m.) James & Lynne Giordano, Lot 47 of Pelican Lake Park, Pelican Lake (56-786) in Dunn Township requested the following: On October 8,2020, the Board of Adjustment granted a Variance to replace the existing dwelling being 8’2” from the East lotline and 6’ 1” from the West lotlrne. We are requesting to shift the proposed dwelling to the East T making the setback from the East lotline 7’2” and increase the setback to the West lotline to 7’ 1”. The shift of the proposed dwelling will not change the approved 38.8% impervious surface coverage granted by Variance on October 8, 2020. James & Lynne Giordano, property owners represented the variance application via GoToMeeting. After consideration and discussion, Douglas Larson made a motion, seconded by Michael Donoho, and carried by roll call vote to approve the variance request to replace the existing dwelling being 7’2” from the east lotline and 7’ 1” from the west lotline. 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. It was noted that this shift will place the proposed dwelling centered on the lot. Roll call vote as follows: Board of Adjustment ABSTAINABSENTYEA NAY XThomas Lee XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Other Business - None With no further business, Thomas Lee, Chairman declared the meeting adjourned at 6:06 p.m. Prepared by: Amy Busko, Secretary The minutes were emailed on December 11, 2020, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment December 10, 2020 Page I 1 STAFF REPORT James and Lynne GiordanoAPPLICANT: On October 8, 2020, the Board of Adjustment granted a variance to replace the existing dwelling being 8'2" from the East lotline and 6'1" from the West lotline. We are requesting to shift the proposed dwelling to the East 1' making the setback from the East lotline 7'1". The shift of the proposed dwelling will not change the approved 38.8% impervious surface coverage granted by Variance on October 8, 2020. APPLICATION: LOCATION:22468 Senns Beach RD, Dunn Twp LAKE NAME/NUMBER/CLASS: Pelican, 56-786, General Development STAFF WHO COMPLETED REPORT: Chris LeClair 22468 SENNS BEACH DR Show Ecfirrh f^tulTs tor 2746R SF Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SEaiON III, Subp. 4, A LAKES RIVERS SETBACKS (Ft)GD U&TRDNE Ag Trans Elevation Above OHWL Vertical Separation*3 3 3 3 3 3 Setback From OHWL D\wellings / Non-D\«ellings 75 100 200 100 100 150 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 10 10 50 50 50 50 50 50 Residential PUD 50 50 50 50 50 50 WOAS 40 65 90 40 65 115 Top of Bluff 30 30 30 30 30 30 Road Right-of-Wav (Public / Private) All Structures 20 2020 20 20 20 Septic Tanks All Structures 10 10 10 101010 Soil Treatment Area Dwelling Non-Dwelling Maximum Structure Height 20 20 20 2020 20 10 10 10 10 10 10 Dwelling Non-Dwelling WOAS 35 35 35 35 35 35 * « *20 20 20 20 20 20 10 10 10 10 10 10 Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. Site visit September 30, 2020 2. No comments 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: James & Lynne Giordano 7020 Hunters Road Naples FL 34109-0562 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, December 10, 2020 at 6:00 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. - 17000990822000 & 17000990841000 Lot 47 - Pelican Lake Park All Lot 6 & Vac Rd Adj Ex Tract - Pelican Lake Park 2"'* Section 6, Township 137, Range 42 Township Name - Dunn Pelican (56-786), General Development (GD) 22468 Senns Beach Dr., Detroit Lakes MN 56501 Lake Name/Number/Class: Property Address: The variance requested is the following: On October 8, 2020, the Board of Adjustment granted a Variance to replace the existing dwelling being 8'2" from the East lotline and 6'1" from the West lotline. We are requesting to shift the proposed dwelling to the East 1' making the setback from the East lotline 7'2" and increase the setback to the West lotline to 7'1". The shift of the proposed dwelling will not change the approved 38.8% impervious surface coverage granted by Variance on October 8, 2020. Amy Busko Board of Adjustment Secretary November 25, 2020 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTCR THU oe^arr aiaaifOTa 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 n oooci^ C>8’2-ZC>0 0- property/project (Tax Parcel # OOO_____), described on Application(s) datedmy 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). Che^ One: XI 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 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). \Mq!/ DATEt) ^PRQPJ LR: Forms: Waiver 60 Day Rule 03-17-2020 IMPERVIOUS CALCULATIONS HATCH INDICATESEXISTIN6:EXISTINS RCAD EXISTIN6 EUIU7IN6S • 2,<13T SJ=.AREA AS NOTED EXISTING DRIVEWAY = 2P64 SJF.IN IMPERVIOUS EXISTING ROAD fSENNS BEACH DR) «531 S.F.CALCULATIONS EXISTING WALKS^^ETAINING WALL » HSa fiF TOTAL EXISTING IMPERVIOUS « G,4G5 SE. LOT SIZE • I2S64 S.P. EXISTING IMPERVIOUS COVERAGE • 5I3T » EXISTING BUILDING COVERAGE - 2334 % EXISTING SEPTIC TANK fAPPROXj .GARAGE o ,4:/// V-> /existing sffnc TANKS fAPPROXjEXISTINGfAPPROXj SEPTIC RISER?_ EXIST. COTTAGE STRINGLINE/ BUILDING (MSL MlSETBACK- EXISTING DEEP WELL fAPPROXj /RETAINING / EXIST./OUSE 44/aTi IS25.IT NORTH SITE PLAN SCALE - r ■ 20'-0" JOB NO:4I4S6 DATE:11/16/20 ©2020 PLANNERS / ARCHITECTS P.O. BOX 185, 650 3RD AVE SE. SUITE #10. PERHAH, MN 56573 (2)8) 346-4505 THtSDRAHRtt IS COPYRMmED AMD 9HNX NOT DC REmcCUCBD WnwCUT AWCHTTBPrS3CGIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY. MINNESOTA TO PROPOSE? [?RAIN FIBJ5IMPERVIOUS CALCULATIONS HATCH INDICATESPROPOSED RESIDENCE • 1563 S.F.EXISTING ROADPROPOSED SARASE/UIVINS OTRS. « 566 SP.AREA AS NOTEDPROPOSED COVERED ENTRY 55 S.P.IN IMPERVIOUS PROPOSED COVERED PATIO 56 SP.CALCULATIONS■ PROPOSED APRONS 250 SP. PROPOSE!? STEPPIN6 STONES \A6 5.F.«PROP. LAKESIDE PATTO/PERSOLA •413 S.P. EXISTINS E5RIVEWAT (REDUCED;341 SP.a EXISTINS ROAD (SENNS BEACH DR) •531 SP. EXISTING RETAININ5 kHALl 6T SP TOTAL PROPOSED IMPERVIOUS • 4654 SP. LOT SI2E ■> 12664 SP. PROPOSED IMPERVIOUS COVERASE • 365T % PROP. BLDS. COVERA6E (3,106 SPJ • 2466 * ~ .GARAGE /\ /'b \\ EXI5TIN5 yCLL^APPROXJ APPROXIMATE S LOCATION OF / PROPOSED ^rvERjr;-/ |j VARIANCE (10/08/20) JOB NO: DATE: ©2020 4I466 II/I6/20 r P.O. BOX 185, 650 3RD AVE SE. SUITE # 10. PERHAM, MN 56573 (218) 346-4505PLANNERS / ARCHITECTS TWB PRAWNS IS COPmSHTD AM7 SHALL NOT BC nSPRPDUCO) WTHCVr AACWTBCT5 WUTrtW WnOBtOM3CGIORDANO RESIDENCE PELICAN LAKE - CHTER TAIL COUNTT. MINNESOTA ■Q PROPOSEP DRAIN FIELDIMPERVIOUS CALCULATIONS HATCH INDICATES PROPOSED RESIDB4CE I,<161 S.P.EXISTIN© ROAD PROPOSED SARASE/LIVINS OTRS.1058 S.F.AREA AS NOTED PROPOSED COVERED BITRr lOI S.F.IN IMPERVIOUS PROPOSED COVWED PATIO 56 SP.CALCULATIONS PROPOSED APRONS I3<I S.F. PROPOSED DECK 36 SP. PROPOSED STEPPING STONES 146 SP. PROP. LAKESIDE PATIO/PEROOLA 413 S.F. EXISTINS DRIVEWAY (REDUCED^352 SP. EXISTINS ROAD (SENNS BEACH DR)531 S.F. EXISTINS RETAININS WALL 61 SP TOTAL PROPOSED IMPERVIOUS 4061 S.F. LOT SIZE 12584 S.F. PROPOSED IMPERVIOUS COVERA6E « 3803 % PROP. BLDS. C<2VERASE (3,ITT SPJ • »25 % — .GARAGE / 'b EXISTINS KCLLfAPf=ROXJ APPROXIMATE LOCATION OFPROPOSED WELL (VERIFY) |j VARIANCE (11/19/20) JOB NO: DATE; ©2020 41486 11/16/20 P.Q. BOX 185, 650 3RD AVE SE, SUITE #10. PERHAM, MN S6573 (218) 3-46-4505PLANNERS / ARCHITECTS c TWSDRMHmon COPrmatflBD AM> 9H*U- NOT BE Rm^ODUCaO mHon^ AncHTiEcrsrKlMSt PCW'IttMCW )GIORDANO RESIDENCE PELICAN LAKE - CnTER TAIL COUNTY, MINNESOTA IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 12,584Lot Area (ft*): Buildings Other impervious Surface Existing Proposed ProposedExisting Ft*Ft*Ft*Ft* Dwelling 0 (2,151 removed)01,963 Deck(s)0 Attached Garage 0 0 0 (323 removed)Patio(s)413 Detached Garage 0 (251 removed)988 0 (543 removed)Sidewalk(s)142 Storage Shed 0 0 Landing(s)2050 WOAS 0 0 Driveway(s)355 (1,709 removed)0 RCU 0 0 Parking Area(s)00 99 (Covered Entry)Miscellaneous 00 (282 Carport - removed)Retaining Wall(s)67 Landscaping (Plastic Barrier) 0 (253 Cottage - removed)56 (Covered Patio)0 0 531 (Road)Miscellaneous 0 953 (2,575 removed)7603,1060 (2,937 removed)TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surfece Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft*Total Buildings Ft*Ft*Ft* 0 3,106 24.73,106 12,584 .247 100+=s X Buildings Other Impervious Sur^ce Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft*Ft*Ft*Ft* 12,58^i^\T9533,866 4,819 38.3.383 100+S SX LR: C^Hne Pemiitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016 Z^Z^ODate 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 (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. Proposed Ft^Existing Ft^ Building(s)0 (514 removed)0 Deck(s)00 Patio(s)1020 Sidewalk(s)0 (23 removed)0 0 0Landing(s) Driveway(s)0 0 0Parking Area(s)0 0Retaining Wall(s)67 Landscaping (Plastic Barrier)00 Miscellaneous 0 0 67 (537 removed)102TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft2Ft2 Maximum Allowable 260 Ft‘ 16967L2+ LR; Online Permitting Fonns 2016: Impervious Surface Calculation SIZ 04-11>2016 Signature:. James & Lynne Giordano - Variance Application Approved with Condition (6:42 p.m.) James & Lynne Giordano, Lot 47 of Pelican Lake Park, Pelican Lake (56-786) in Dunn Township requested the following: Proposing to replace the existing dwelling and detached garage. The proposed dwelling will be 8^’2” from the east lotline & 6’1” from the west lotline. The proposed detached garage will be 1’8” from the lotline and request to allow the height of the detached garage to be 28’. The proposed septic tank will be 5’ from the lotline. The current impervious surface calculation is 51.37% and will be reduced to 38.8%. The existing building impervious surface is at 23.34% and the proposed will be 24.7%. See additional project information attached/on-file at Land & Resource Management which describes significant similarities in neighboring properties that are substandard lots. James & Lynne Giordano, property owners and JD Larson represented the variance application via GoToMeeting. The audience was polled with Russell Freeman speaking against the variance with concerns about the coverage on the 50’ lot and changing the character of the area. Sara Lebans also spoke again the variance application with concerns about the lot line setbacks and height of the detached garage as well as the negative effect in the area. Tony Stoll, Architect spoke about the detached garage indicating that they could replace the gar^e in the same location without a variance and the proposed location provides access to the site. He also indicated that they could move the dwelling closer to the lake, but the chose to move it back. After consideration„and discussion, Michael Donoho made a motion, seconded by Douglas Larson, and failed by roll call vote to deny ■the variance as requested.. Roll call vote as follows: ' Board of Adjustment r.■f ABSTAINYEAABSENTNAY Thomas Lee X)Darren Newville X ;Douglas Larson Michael Donoho X X Terry Marthaler Jack Rosenthal - PC Member X X Board of Adjustnaenti October 8,2020 Page I 3 r James & Lynne Giordano - Continued Upon further consideration and discussion Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance to replace the existing dwelling being 8’2” from the east lotline and 6’ 1” from the west lotline. This variance also approves the replacement of the existing detached garage with the condition that the lotline setback be increased another 40” from the requested 1 variance request which will place the detached garage 60” from the west lotline and the maximum height of the detached garage cannot exceed 20’. 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. - Roll call vote as follows: . Board of Adjustment YEA NAY ABSENT ARSTAIN Thomas Lee X r Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Jack Rosenthal - PC Member X X • ✓ November 8,2020 To: Land and Resource Management Otter Tail County, MN I Re: James & Lynne Giordano 22468 Senns Beach Dr, Detroit Lakes, N Lot 47 - Pelican Lake Park Section 6, Township 137, Range 42 Dunn Township N 56501 We, Dr. Richard and Margie Bailly, are the owners of 22476 Senns Beach Dr., . Detroit Lakes, MN 56501. This is lot 46 which is adjacent on the east side to the Giordano property listed above. The Giordanos have discussed with us their desire to shift their entire house one foot to the east which reduces the setback approved on October 3,2020 from 8' 2" toj'2" for the pop out at the front (lakeside) of the house; and from 10' to 9' for the remainder of the house. Please,accept this letter as our acceptance of their proposal. Regards, . o Ui)/ j . Dr. Richard Bailly 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 25*^ day of November, 2020 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 Douglas Winter, Clerk Dunn Township 50053 Fish Lake Rd Detroit Lakes MN 56501 See BelowJames & Lynne Giordano 7020 Hunters Rd Naples FL 34109-0562 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 Big McDonald: Devils (Near Perham): 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 Send notice to (has card) J.D. Larson J.D.’s Lake Services LLC 22386 Senns Beach Dr. Detroit Lakes MN 56501 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 James & Lynne Giordano 22468 Senns Beach Rd Detroit Lakes MN 56501 Planning Commission Member: Jack Rosenthal, PO Box 266, Ottertail MN 56571 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 1Dated: November 25, 2020 File 6Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____30 I I Added to Agenda ED Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press_____ Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:17Amy Busko l:\BOA\October BOA\Giordano Affidavit 1 (786) 10-08-20 .doc Buffer Parcels Parcel No Citv St ZipAddr 1 Addr 2Name 1 Name 2 17000050068021 Kristen Scheel & S Askerooth Detroit Lakes MN 56501051454 225th Ave 17000060071000 Stephen R & Vicki J N Dawson Fargo ND 58103 49431810 7th St S Detroit Lakes MN 56501 946717000060071001 James D Larson 22386 Senns Beach Dr 17000060072000 Stephen R 8c Vicki J N Dawson Fargo ND 58103 49431810 7th St 5 17000060077002 The \Woods Fargo ND 58103 53482108 University Dr S Ste 108bAttn Steve Dawson 17000990807000 Steve D & Eileen Scheel Moorhead MN 56560 56113900 River Oak Or 17000990808000 Kristen Scheel & S Askerooth Detroit Lakes MN 56501 051454 225th Ave Detroit Lakes MN 56501017000990809000 Kristen Scheel & S Askerooth 51454 225th Ave 17000990810000 Kristen Scheel & S Askerooth Detroit Lakes MN 56501051454 225th Ave Buffalo MN 55313 510317000990811000 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Tempe AZ 85284 313117000990812000 Sweeney Tst 26 La Vieve Ln E 17000990813000 Allan Luistro & Mary English Detroit Lakes MN 56501946722512 Senns Beach Dr 17000990814000 Freeman Tst Los Angeles CA 90025 339311100 Santa Monica Blvd Ste 1900 17000990817000 Rodman A 8t Judy J Einerson Detroit Lakes MN 56501 946722490 Senns Beach Dr Rosemount MN 55068 17791700099081800014565 Cobalt AveJane E Berra Rosemount MN 55068 17791700099081900014565 Cobalt AveJane E Berra 17000990821000 Richard C Bailly Fargo ND 58104 68072115 Sterling Rose Ln 5 17000990822000 Lynne B & James Giordano Tsts Naples FL 34109 05627020 Hunters Rd 17000990823000 B C's Pelican Lake LLC Edina MN 55436 11215700 View Ln 17000990824000 Russell 8c Sarah Freeman Detroit Lakes MN 56501946722438 Senns Beach Dr Russell 8c Sarah Freeman Detroit Lakes MN 56501 94671700099082500022438 Senns Beach Dr Teryl Ann Bailly Lawson17000990826000 Denver CO 80209 4727964 Columbine St S 17000990827000 James D Larson Detroit Lakes MN 56501 946722386 Senns Beach Dr Page 1 of 2Thursday. November 19. 2020 Parcel No Name 1 Addr 1 Addr2Name 2 Citv St Zio 17000990837000 James D Larson Detroit Lakes MN 56501 946722386 Senns Beach Dr 17000990838000 Teryl Ann Bailly Lawson 964 Columbine St S Denver CO 80209 4727 17000990839000 Russell & Sarah Freeman Detroit Lakes MN 56501 946722438 Senns Beach Dr 17000990840000 B C's Pelican Lake LLC Edina MN 55436 11215700 View Ln 17000990841000 Lynne B & James Giordano Tsts 7020 Hunters Rd Napies FL 34109 0562 17000990842000 Richard C Bailly 2115 Sterling Rose Ln S Fargo ND 58104 6807 17000990843000 Richard C Bailly 2115 Sterling Rose Ln S Fargo ND 58104 6807 17000990844000 Jane E Berra 14565 Cobalt Ave Rosemount MN 55068 1779 17000990846000 Jane E Berra 14565 Cobalt Ave Rosemount MN 55068 1779 Rodman A & Judy J Einerson17000990847000 Detroit Lakes MN 56501 946722490 Senns Beach Dr 17000990848000 Freeman Tst Los Angeles CA 90025 339311100 Santa Monica Bivd Ste 1900 17000990850000 Alian Luistro & Mary English Detroit Lakes MN 56501 946722512 Senns Beach Dr 17000990851000 Sweeney Tst 26 La Vieve Ln E Tempe AZ 85284 3131 17000990852000 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Buffalo MN 55313 5103 Kristen Scheel & S Askerooth17000990853000 51454 225th Ave Detroit Lakes MN 56501 0 17000991313000 Allan Luistro & Mary Engiish 22512 Senns Beach Dr Detroit Lakes MN 56501 9467 17000991314000 Sweeney Tst 26 La Vieve Ln E Tempe AZ 85284 3131 17000991315000 Robert & Carole Pepin Tst Buffalo MN 55313 51033241 Hamlin Ave SE 17000991317000 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0 17000991318000 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0 17000991319000 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611 17000991777000 Mark S & Elizabeth Jackson 3120 25th St S #382z Fargo ND 58103 6164 17000991778000 Mark S & Elizabeth Jackson 3120 25th St S #382z Fargo ND 58103 6164 17000992007000 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611 Thursdav. November 19, 2020 Page 2 of 2 Buffer Mail Name Address i Address 2 City, State, Zip Allan Luistro & Mary English 22512 Senns Beach Dr Detroit Lakes MN 56501 9467 B C's Pelican Lake LLC 5700 View Ln Edina MN 55436 1121 Richard C Bailly 2115 Sterling Rose Ln S Fargo ND 58104 6807 Jane E Berra 14565 Cobalt Ave Rosemount MN 55068 1779 Stephen R & Vicki J N Dawson 1810 7th St S Fargo ND 58103 4943 Rodman A & Judy J Einerson 22490 Senns Beach Dr Detroit Lakes MN 56501 9467 Freeman Tst 11100 Santa Monica Blvd Ste 1900 Los Angeles CA 90025 3393 Russell & Sarah Freeman 22438 Senns Beach Dr Detroit Lakes MN 565019467 Mark S & Elizabeth Jackson 3120 25th StS#382z Fargo ND 58103 6164 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 565010 James D Larson 22386 Senns Beach Dr Detroit Lakes MN 56501 9467 Teryl Ann Bailly Lawson 964 Columbine St S Denver CO 80209 4727 Lynne B & James Giordano Tsts 7020 Hunters Rd Naples FL 34109 0562 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Buffalo MN 55313 5103 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611 Sweeney Tst 26 La Vieve Ln E Tempo AZ 85284 3131 The Woods 2108 University Dr S Ste 108b Fargo ND 58103 5348 Thursday, November 19, 2020 Page 1 of 1 Date Stamp deceived SEP 14 202D -AND «; RESOUBCt ML&R Initial THE ABOVE SPACE IS RESERVED EORTHE 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.usOTTCR Tim IApplication Fee jr^cO Receipt Number ^ PatTAccepted by I irProperty Owner Name James & Lynne Giordano (Agent for Owner: JD Larson) Address 7020 Hunters Road City Naples state FL Zip 34109-0562 Daytime Phone (218)841-2722 (JD Larson) Email jdl616(gyahoo.com (JD Larson) Parcel Information Lake No Lake Name Lake Class qq56078600Pelican Parcel Number(s)17000990822000 17000990841000 Parcel Number(s) Ili'lpZ-Township Name Legal Description SectionDunn 06 PELICAN LAKE PARK LOT 47and PELICAN LAKE PARK 2ND EX TRACT, ALL LOT 6 LIFE & VAC RD ADJ, 22468 Senns Beach Dr 56501 ( ^ ^Physical Address TYPE OF VARIANCE REQUESTED (Please Check) □Structure Setback 0 00 SubdivisionStructure Size Sewage System □ □□Cluster MiscellaneousWECS Version Date: M/07r2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:_______ Shoreland Management Ordinance III.4 Setback Rea's: . ___ Proposing to replace the existing dwelling and detached garage. The proposed dwelling will be 8'2" from the east lotline & 6'1" from the west lotline. The proposed detached garage will be 1'8" from the lotline and request to allow the height of the detached garage to be 28'. The proposed septic tank will be 5' the lotline. The current impervious surface calculation is 51.37% and will be reduced to 38.8%. The existing building impervious surface is at 23.34% and the proposed will be 24.7%. See additional project information attached/on-file at Land & Resource Management which describes significant similarities in neighboring properties that are substandard lots. / /C ?\ N 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, 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 UNDERSTAtip THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTE^ TURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) prr)iotx>Date of Hearing Time I James & Lynne Giordano - Variance Application Approved with Condition (6:42 p.m.) After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson, and failed by roll call vote to deny the variance as requested. Upon further consideration and discussion Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance to replace the existing dwelling being 8’2” from the east lotline and 6’ 1” from the w'est lotline. This variance also approves the replacement of the existing detached garage with the condition that the lotline setback be increased another 40” from the requested 1 ’8” variance request which will place the detached garage 60” from the west lotline and the maximum height of the detached garage cannot exceed 20’. 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/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management [0 |i-| a to L&R Official/Date " Copy of Application mailed to Applicant, County Assessor and MN DNR 2 Andrew Peterson - Continued adding another 10’ to have a 22’ x 8’ being 7’ to 8’ in height. The previous variance also allowed us to construct dormers on the dwelling which we are no longer doing. The dwelling was constructed in the late 1940’s therefore making it difficult to meet setbacks. We also request to increase our impervious surface in the shore impact zone to 1124 sq. ft. Andrew Peterson, propertx owner represented the variance application via GoToMeeting. Neil Straw hom submitted an email which was forwarded on to the Board for their review' and he also spoke at the meeting in regard to the variance application with concerns about how close this is to the water, water quality, impervious surface coverage, substandard lot with 3 existing non-conforming structures and he also expressed concerns about there being no other properties w ith decks located in the shore impact zone. After consideration and discussion, Darren Newville made a motion, seconded by Michael Donoho and carried by roll call vote to approve the variance to construct a 22’ x 8’ deck being in-line with the dwelling and being 17’ from the ordinary high water level with the condition that the dormers which were granted by a previous variance on March 9, 2017 will not be constructed. This decision is also based on the Findings of Fact and Decision Form, w hich 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 w ith the Land & Resource Management Department. Roll call vote as follow s: Board of Ad justment AB.SENT ABSTAINYEANAY Thomas Lee X Darren New ville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X James & Lynne Giordano - Variance Application Approved with Condition (6:42 p.m.) James & L\ nne Giordano. Lot 47 of Pelican Lake Park, Pelican Lake (56-786) in Dunn Tow nship requested the following: Proposing to replace the existing dwelling and detached garage. The proposed dwelling w ill be 8’2” from the east lotline & 6’ 1” from the west lotline. The proposed detached garage w ill be 1 ’8” from the lotline and request to allow the height of the detached garage to be 28’. The proposed septic tank w ill be 5’ from the lotline. The current impervious surface calculation is 51.37% and w ill be reduced to 38.8%. The existing building impervious surface is at 23.34% and the proposed will be 24.7%. See additional project infonnation attached on-file at Land & Resource Management which describes significant similarities in neighboring properties that are substandard lots. James & Lynne Giordano, property' owners and JD Larson represented the variance application via GoToMeeting. The audience was polled with Russell Freeman speaking against the variance with concerns about the coverage on the 50’ lot and changing the character of the area. Sara Lebans also spoke again the variance application w ith concerns about the lotline setbacks and height of the detached garage as well as the negative effect in the area. Tony Stoll, Architect spoke about the detached garage indicating that they could replace the garage in the same location w ithout a variance and the proposed location provides access to the site. He also indicated that they could move the dwelling closer to the lake, but the chose to move it back. After consideration and discussion. Michael Donoho made a motion, seconded by Douglas Larson, and failed by roll call vote to deny the variance as requested. Roll call vote as follows: Board of Ad justment ABSTAINYEANAYABSENT XThomas Lee XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member Page I 3 X Board of Adjustment October 8, 2020 James & Lynne Giordano - Continued Upon further consideration and discussion Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance to replace the existing dwelling being 8’2” from the east lotline and 6’ 1” from the west lotline. This variance also approves the replacement of the existing detached garage w ith the condition that the lotline setback be increased another 40” from the requested 1 '8” variance request which will place the detached garage 60” from the w est lotline and the maximum height of the detached garage cannot exceed 20’. 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 w ith the Land & Resource Management Department. Roll call vote as follows: Board of Adjustment ABSENT ABSTAINYEANAY XThomas Lee Darren Newwille X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Michael Shuga - Variance Application Denied (7:18 p.m.) Michael Shuga, Lot 4 Blk 1 of South Star Estates, Star Lake (56-385) in Star Lake Tow nship request the following: Building project requires structure height of 27 ft. Building addition to existing garage to allow' for additional storage and home office. Max height restriction for a non-dwelling is 20’. All setbacks and impervious surface requirements will be met. Michael Shuga, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler, and carried by roll call vote to deny the variance request to construct a non-dwelling being 27 feet in height. The board indicated that there are no similar structures w'hich exceed the 20’ height restriction for a non-dwelling in the area. This denial is also based on the Findings of Fact and Decision Form, w hich contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. Roll call vote as follows: Board of Adjustment NAY AB.SENT ABSTAINYEA XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Robin Hanson «& Michael Murphy - Variance Request Approved as Requested (7:29 p.m.) Robin Hanson & Michael Murphy, That Part of GL 5 (5.01 Acres), Little Pine Lake (56-142), Corliss Township request the following: We would like to split 5.01 -acre tract into 3 Lots as follows: • Lot I - Being approximately 39,568 sq. ft. w ill be permanently attached to parcel no. 12000300198007 which will increase the size of the existing 5-acre parcel. • Lot 2 - Being approximately 58.316 sq. ft. to be a stand-alone single-family residential lot. • Lot 3 - Being approximately 120,477 sq. ft. to be pennanently attached to parcel no. 12000990296000 for non-residential purposes. Page I 4 Board of Adjustment October 8, 2020 STAFF REPORT James and Lynne GiordanoAPPLICANT: Proposing to replace the existing dwelling and detached garage. The proposed dwelling will be 8'2" from the east lotline & 6'1" from the west lotline. The proposed garage will be 1'8" from the lotline and request to allow the height of the detached garage to be 28'. The proposed septic tank will be 5' for the lotline. The current impervious surface calculation is 51.37% and will be reduced to 38.8%. The existing building impervious surface is at 23.34% and the proposed will be 24.7%. See additional project information attached/on-file at Land & Resource Management which describes significant similarities in neighboring properties that are substandard lots. APPLICATION: 22468 Senns Beach RD, Dunn TwpLOCATION: LAKE NAME/NUMBER/CLASS: Pelican, 56-786, General Development STAFF WHO COMPLETED REPORT: Chris LeClair 22468 SENNS BEACH DR Short Search reiuiti !‘'or 22468 SE -96.027 46.706 Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A LAKES RIVERS SETBACKS (Ft) Elevation Above OHWL U&TGDRDNE Ag Trans Vertical Separation*3 3 3 3 3 3 Setback From OHWL Dwellings / Non-Dwellings WOAS 100 200 100 100 15075 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 1010 50 50 50 50 50 50 Residential PUD 50 5050 50 50 50 65 115WOAS40659040 Top of Bluff 30 30 30 30 30 30 Road Right-of-Wav (Public / Private) All Structures 20 20 20 2020 20 Septic Tanks All Structures 10 10 10 10 10 10 Soil Treatment Area Dwelling Non-Dwelling Maximum Structure Height 20 20 20 20 2020 10 1010 10 10 10 35 35Dwelling Non-Dwelling 35 35 3535 20 20 20 20 20 20 10 1010 10 10WOAS 10 SECTION III, Subp. 4,B B. A Single Family Residential Lot shall contain only 1 single family residence, an exemption to this requirement, without a Site Permit, would allow: 1. A tent of no more than 100 square feet, or tents whose cumulative size is no more than 100 square feet; or 2. Lots compliant with all area, water frontage and width requirements of Section III.3., may contain one RCU, provided all other requirements of this Ordinance are met, and there are no sewer or water connections. SECTION IV, Subp. 8, B The following are specific standards: 1. 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 B. ft. SANITATION CODE SECTION, SECTION 10 Table II Minimum Setback Distances (feet) Soil Treatment and Dispersal Area or Unsealed Privy* Sewage Tank, Holding Tank, or Sealed Privy* Feature Water supply well less than 50 feet deep and not encountering at least 10 feet of impervious material 50 100 Any other water supply well 50 Buried pipe distributing water under pressure________________ 10 Occupied buildings and buildings with a basement or crawl space 2010 Non-occupied structures, deck footings______________________ 1010 Top of Bluff 30 10Property Line Road Right-of-Way 10 Ordinary high water level of:** Natural Environment Lake 150 Recreational Development Lake 75 General Development Lake 50 100Transition River Segments Urban & Tributary River Segments 75 Agricultural River Segments 75 Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. Site visit September 30, 2020 2. No comments f LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Fails, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: James & Lynne Giordano 7020 Hunters Road Naples FL 34109-0562 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, October 8, 2020 at 6:00 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. - 17000990822000 & 17000990841000 Lot 47 - Pelican Lake Park All Lot 6 & Vac Rd Adj Ex Tract - Pelican Lake Park 2"'* Section 6, Township 137, Range 42 Township Name - Dunn Pelican (56-786), General Development (GD) 22468 Senns Beach Dr., Detroit Lakes MN 56501 Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to replace the existing dwelling and detached garage. The proposed dwelling will be 8'2" from the east lotline & 6'1" from the west lotline. The proposed detached garage will be 1'8" from the lotline and request to allow the height of the detached garage to be 28'. The proposed septic tank will be 5' from the lotline. The current impervious surface calculation is 51.37% and will be reduced to 38.8%. The existing building impervious surface is at 23.34% and the proposed will be 24.7%. See additional project information attached/on-file at Land & Resource Management which describes significant similarities in neighboring properties that are substandard lots. A//JI Jiuska Board of Adjustment Secretary September 24, 2020 (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 bh«4kpfiers PLANNERS / ARCHITECTS PROJECT MEMO Tony Stoll / Chris Kumpula September 11,2020 From: Date: Giordano Residence (Variance Request)Re: To Whom it may concern. We have been helping Lynne and Jimmy Giordano with development options for their existing property on Pelican Lake. Due to the substandard lot size we feel that a variance should be requested from Otter Tail County to allow the Giordano's the opportunity to deal with the hardships that are created with this substandard property. To help address the challenges with the property, we contacted Kyle Westergard from the OTC Land & Resource Management Office. We were able to meet with Kyle, the Owners and JD Larson on August 27^^ to review the property. Kyle was very helpful and provided several recommendations for ways in which the site might be improved to reduce the existing impervious and site drainage issues. Listed below are some of our thoughts regarding the variance request: Item #1: Reduce required side yard structure setbacks A. General thoughts: • The existing 50'-0" lot is a substandard width. This reduced width creates hardships in designing new structures to conform to the required lO'-O" side yard setbacks. • It should be noted that the majority of neighboring properties have very similar situations with buildings located very close to the property lines. This property is quite similar to other homes in the area. Our general goal is to improve those setbacks without adversely affecting the use of the property. Reduce the required east side yard structure setback from lO'-O" to 8'-0": • The existing dwelling is currently placed only 9" from the east property line. An 8'-0" setback allows for additional separation from the neighboring residence. This in important so that proper site drainage can be provided for the property. Reduce the required west side yard structure setback from lO'-O" to 6'-0" (for the main cottage): • The existing dwelling is currently placed at 7'-10" from the west property line and located very close to the lakeside in the southwest corner of the property. However, the proposed dwelling is moved farther back from the lake, so the lesser setback will not have an adverse effect on the neighboring residence. • An existing detached cottage/bunkhouse structure will be removed near the 6'-0" setback mark. The removed structure is currently placed at l'-5" from the west property line. The B. C. P.O. BOX 185 / 650 3"* AVE SE, STE 10 PERHAM, MN 56573 218.346.4505 PH 218.346.4507 FX P.O. BOX 931 / 160 E. ADAMS AVE. BRECKENRIDGE, CO 80424 970.453.6880 PH 970.453.6888 FX www.bhhpartners.com P.O. BOX 2113 / 560 E ADAMS AVE SILVERTHORNE, CO 50498 970-513-1000 PH 970.513.0155 FX 4k removal of this structure will allow space for a new septic system between the proposed cottage and detached garage. D. Reduce the required west side yard structure setback from lO'-O" to l'-8" (for the garage/living quarters): The existing garage is placed at l'-8" from the west property line. The proposed garage/living quarters structure matches this dimension, but it is moved closer to the road to help reduce the overall impervious area on the site. The garage/living quarters structure also needed to be moved closer to the road to allow for space to install new septic tanks. Item #2: Reduce required septic tank property line setback from lO'-O" to 5'-0". • The proposed septic system needs to be placed closer to the property line to allow for a sufficient walking path from the proposed dwelling to the proposed garage. • The new septic system replaces an existing outdated system. Item #3: Increase maximum allowed accessory building height from 20'-0" to 28'-0". • The proposed number of structures on the site is reduced from (3) to (2). • In order to reduce impervious coverage, living quarters are placed above the proposed detached garage. This helps the owner in gaining back existing square footage lost after reducing the number of structures on the site.I • Similar nearby properties currently have accessory structures at about 28'-0" in height. Item ff4: Increase maximum allowed impervious and building coverage. A. Increase the maximum allowed overall impervious coverage from 25% to 38.5%: • The existing impervious coverage is at 51.4%. The Owners are willing to reduce the number of existing structures and move the Main Cottage back away from the lakeside to reduce the coverage. Allowing up to 38.5% for the proposed would still be a substantial improvement in overall coverage. • More green space on the site (compared to the existing) will allow for more effective storm water mitigation strategies. • The existing impervious coverage within the 50' shore impact zone is 604 s.f. The proposed coverage within this area is 169 s.f., which is well below the allowable 260 s.f. ■ The existing driveway is included in the impervious calculations and cannot be substantially reduced due to the fact that it also serves as a portion of Senns Beach Road and provides driveway access for neighboring properties. • An existing concrete retaining wall is in place along the shoreline and counts against the impervious totals. This retaining wall is not really desired by the Owners but probably needs to remain so that it's removal doesn't create any potential erosion issues into the Lake . B. Increase the maximum allowed building coverage from 20% to 25%: • The existing building coverage is at 23.4%. However, the proposed dwelling is moved farther away from the lake, which is advantageous for neighboring sight lines. End of Memo Page 2 of 2Macintosh HD:Users:jdlarson:Downloads:Variance Memo (09-11-20) (2).doc IMPERVIOUS CALCULATIONS HATCH INDICATESEXISTINS.EXISTIfte ROAD • 2,T3T SJ=.EXISTINS BUILOIN6S AREA AS NOTH? EXIsnite DRIVBIAY • 2004 SJ=.IN IMPERVIOUS EXISTINS ROAD Csate BEACH DR> •BSI SiF.CALCULATIONS EXISTINS WAl-Kfi<WgrAININS WALL .«S3 SJ= TOTAL EXISTINS IMPERVIOUS « 6/465 SJ*. LOT SIZE « 12564 SP. EXISTINS IMFWVIOUS COVWACE « 5I3T * EXISTINS BUILDINS COVmA^• 2334 % GARAGEX//EXISTINS SEPnC TANK fAPPROXj ;<'x.GARAGE EXISTINS SHTIC TANKS fAPPROXJEXISTINS6'xy fAPPROXJ SEPno RISER?_ XIST. COTTAGE l»BJ. fAPPROXJ i /STRINSLINE/B. > is:"""VBUILDINS fM^ MlSETBACK ////XIST.1 ?------ u 45 — isu -KIST1N6 DEEP //PBX fAPPROXJRETAININS/MALL EXIST./COVERED rOUSE44/IS25.it (VBL MI2) EXISTING NORTH SITE PLAN SCALE - !■ « Oa-V |j JOB NO; 4l4j* DATE: 04/10/20 ©2020 .0 4..c PLANNERS / ARCHtTECTS P.O. BOX 185, 650 3RD AVE SE. SUfTE #10, PERHAM, MN S6S73 (218) 346^S0S t>ISDRM«46B COPmi6Hf9 AM7 SMNJ. NOT BE IBWDUC87 hmcvr ARcmecncGIORDANO RESIDENCE PEUCAN LAKE - OTTER TAIL COUNTY. MINNESOTA t ^TO PROPOSED DRAIN PIBJ?IMPERVIOUS CALCULATIONS HATCH INDICATES l,<?63 SJ=.PROPOSED RESIDSICE EXISTINS ROAD MSB SJ=.PROPOSED 6ARASE/LMNS OTRS.AREA AS NOTED PROPOSE? COVB»H? BtTRT <W SJ=.IN IMFB5VIOUS56 SP.PROPOSED COVERED PATIO CALCULATIONS 205 SP.PROPOSED APRONS 142 SP.PROPOSED STEPPIN6 STONES 415 SP.PROP. LAKESIDE PATlO/PmSOLA EXISTINS DRIVEWAY (RBJUCBJ;355 SP. EXISTINS ROAD ^SEKMS BEACH DR>SSI SP. EXISTINS RETAINIKte WALL 4»n SP.TOTAL PROPOSE? IMPERVIOUS I25&4 SP.LOT SIZE PROPOSED IMFWVIOOS COVBRA6E * 3&DR % PROP. BLDS. COVERAGE (SJiOb SPJ • 2466 % X/EXISTINS SEPTIC TANK fAPPROXj /APPROXIMATE XIST./ LOCATION OF V .GARAGEV. EXISTINS PBXfAPPROXj APPROXIMATE X LOCATION OF / .PROPOSE? PELL (Verify; r > JOB NO:41466 DATE ov\ono ©2020 PLANNERS / ARCHITECTS P.O. BOX IB5. 6S0 3RD AVE SE, SUFTE #10, PERHAM, MN S6573 (218) 346-^505 •ntftptwtt IS COPTRMHIB?/VC 9MJ. NOT BE WgTO0UCa> mHOUT/WCH7BCT5 )c GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA COONSTRUCTHWY 9, ♦ P^'->stfV--2fS-«6:3 Ra^^AXr^8s^ ^ 2JS%Sea®\ *W].\ ( a^C(.f ' 3T, 8( .'fi' ♦*♦ ...-- *T5 g*U!Js len’isfia •’3£E WilR ( lfi-T¥Efi!p 5?if; i« ----. ' V •^il l^ ■<u \.' •‘v !/^ '/ - ■ h. " tJ 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 24*'^ day of September, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Douglas Winter, Clerk Dunn Township 50053 Fish Lake Rd Detroit Lakes MN 56501 See BelowJames & Lynne Giordano 7020 Hunters Rd Naples FL 34109-0562 City Clerk (if located within 2 miles of a city) NA 2 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp, Dist., PO Box 336, Pelican Rapids, MN 56572 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 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 UJ Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Send notice to (has card) J.D. Larson J.D.’s Lake Services LLC 22386 Senns Beach Dr. Detroit Lakes MN 56501 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 James & Lynne Giordano 22468 Senns Beach Rd Detroit Lakes MN 56501 Planning Commission Member: Jack Rosenthal, PO Box 266, Ottertail MN 56571 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 Dated: September 24, 2020 File 1 Extra BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____30 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:17Amy Busko l:\BOA\October BOA\Giordano Affidavit (786) 10-08-20.docx Buffer Parcels Parcel No Addr 1 Addr 2 Citv St ZipName 1 Name 2 17000050068021 Kristen Scheel & S Askerooth Detroit Lakes MN 56501 051454 225th Ave 17000060071000 Stephen R & Vicki J N Dawson 1810 7th St S Fargo ND 58103 4943 22386 Senns Beach Dr Detroit Lakes MN 56501 946717000060071001 James D Larson 17000060072000 Stephen R & Vicki J N Dawson 1810 7th St S Fargo ND 58103 4943 17000060077002 The Woods 2108 University Dr S Ste 108bAttn Steve Dawson Fargo ND 58103 5348 17000990807000 Steve D & Eileen Scheel Moorhead MN 56560 56113900 River Oak Cir 17000990808000 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0 17000990809000 Kristen Scheel & S Askerooth Detroit Lakes MN 56501051454 225th Ave 17000990810000 Kristen Scheel & S Askerooth Detroit Lakes MN 56501051454 225th Ave 17000990811000 Robert & Carole Pepin Tst Buffalo MN 55313 51033241 Hamlin Ave SE 17000990812000 Sweeney Tst 26 La Vieve Ln E Tempe AZ 85284 3131 17000990813000 Allan Luistro & Mary English 22512 Senns Beach Dr Detroit Lakes MN 56501 9467 17000990814000 Freeman Tst 11100 Santa Monica Blvd Los Angeles CA 90025 3393Ste 1900 17000990817000 Rodman A & Judy J Einerson 22490 Senns Beach Dr Detroit Lakes MN 565019467 17000990818000 Jane E Berra 14565 Cobalt Ave Rosemount MN 55068 1779 17000990819000 Jane E Berra 14565 Cobalt Ave Rosemount MN 55068 1779 17000990821000 Richard C Bailly 2115 Sterling Rose Ln S Fargo ND 58104 6807 Lynne B & James Giordano Tsts17000990822000 7020 Hunters Rd Naples FL 34109 0562 17000990823000 B C's Pelican Lake LLC Edina MN 55436 11215700 View Ln 17000990824000 Russell & Sarah Freeman 22438 Senns Beach Dr Detroit Lakes MN 56501 9467 17000990825000 Russell & Sarah Freeman 22438 Senns Beach Dr Detroit Lakes MN 56501 9467 17000990826000 Teryl Ann Bailly Lawson 964 Columbine St S Denver CO 80209 4727 17000990827000 James D Larson Detroit Lakes MN 56501 946722386 Senns Beach Dr Tuesday. Seotember 22, 2020 Page 1 of 2 Addr2Parcel No Citv St ZipName 1 Addr 1Name 2 Detroit Lakes MN 56501 946717000990837000 James D Larson 22386 Senns Beach Dr Denver CO 80209 472717000990838000 Teryl Ann Bailly Lawson 964 Columbine St S Detroit Lakes MN 56501 946717000990839000 Russell & Sarah Freeman 22438 Senns Beach Dr 17000990840000 B C's Pelican Lake LLC Edina MN 55436 11215700 View Ln Naples FL 34109 056217000990841000 Lynne B & James Giordano Tsts 7020 Flunters Rd 17000990842000 Richard C Bailly Fargo ND 58104 68072115 Sterling Rose Ln S 17000990843000 Richard C Bailly Fargo ND 58104 68072115 Sterling Rose Ln S Rosemount MN 55068 177917000990844000 Jane E Berra 14565 Cobalt Ave Rosemount MN 55068 177917000990846000 Jane E Berra 14565 Cobalt Ave 17000990847000 Rodman A & Judy J Einerson Detroit Lakes MN 56501 946722490 Senns Beach Dr Los Angeles CA 90025 339317000990848000 Freeman 1st 11100 Santa Monica Blvd Ste 1900 17000990850000 Allan Luistro & Mary English Detroit Lakes MN 56501 946722512 Senns Beach Dr Tempe AZ 85284 313117000990851000 Sweeney Tst 26 La Vieve Ln E Buffalo MN 55313 510317000990852000 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Detroit Lakes MN 56501 017000990853000 Kristen Scheel & S Askerooth 51454 225th Ave 17000991313000 Allan Luistro & Mary English Detroit Lakes MN 56501 946722512 Senns Beach Dr Tempe AZ 85284 313117000991314000 Sweeney Tst 26 La Vieve Ln E Buffalo MN 55313 510317000991315000 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Detroit Lakes MN 56501 017000991317000 Kristen Scheel & S Askerooth 51454 225th Ave 17000991318000 Kristen Scheel & S Askerooth Detroit Lakes MN 56501 051454 225th Ave Moorhead MN 56560 561117000991319000 Steve D & Eileen Scheel 3900 River Oak Cir 17000991777000 Mark S & Elizabeth Jackson 3120 25th St S #382z Fargo ND 58103 6164 17000991778000 Mark S & Elizabeth Jackson Fargo ND 58103 61643120 25th St S #382z 17000992007000 Steve D & Eileen Scheel Moorhead MN 56560 56113900 River Oak Cir Page 2 of 2Tuesdav. September 22, 2020 Buffer Mail city, State, ZipAddress i Address 2Name Allan Luistro & Mary English Detroit Lakes MN 56501 946722512 Senns Beach Dr B C's Pelican Lake LLC Edina MN 55436 11215700 View Ln Richard C Bailly 2115 Sterling Rose Ln S Fargo ND 58104 6807 14565 Cobalt AveJane E Berra Rosemount MN 55068 1779 Stephen R & Vicki J N Dawson 1810 7th St S Fargo ND 58103 4943 Rodman A & Judy J Einerson 22490 Senns Beach Dr Detroit Lakes MN 56501 9467 Freeman Tst 11100 Santa Monica Blvd Los Angeles CA 90025 3393Ste 1900 Russell & Sarah Freeman 22438 Senns Beach Dr Detroit Lakes MN 56501 9467 Mark S &. Elizabeth Jackson 3120 25th St S#382z Fargo ND 58103 6164 Kristen Scheel & S Askerooth 51454 225th Ave Detroit Lakes MN 56501 0 James D Larson 22386 Senns Beach Dr Detroit Lakes MN 56501 9467 Teryl Ann Bailly Lawson 964 Columbine St S Denver CO 80209 4727 Lynne B & James Giordano Tsts 7020 Hunters Rd Naples FL 34109 0562 Robert & Carole Pepin Tst 3241 Hamlin Ave SE Buffalo MN 55313 5103 Steve D & Eileen Scheel 3900 River Oak Cir Moorhead MN 56560 5611 Sweeney Tst 26 La Vieve Ln E Tempe AZ 85284 3131 The Woods 2108 University Dr S Ste 108b Fargo ND 58103 5348 Tuesday, September 22, 2020 Page 1 of 1 Amy Busko Mike Donoho <mbdonoho@gnnail.com> Friday, October 9, 2020 11:28 AM Chris LeClair Amy Busko; Ben Olson Re: Motion Clarification From: Sent: To: Cc: Subject: Chris, My motion last nig'nt on the Giordano Variance was to move the garage 40" to the East. This would enlarge the setback from the variance request by 40" not to be 40" total setback. Michael B. Donoho On Oct 9, 2020, at 10:54 AM, Chris LeClair <cleclair@co.ottertail.mn.us> wrote: Hi Mike Can you email back what we just talked about on the phone so we can put it in the record? The question is, your motion for the Giordano Variance application was to move the garage 40 inches to the east. Did you mean 40 inches total or did you mean 40 inches in addition to the 1'8" proposal? Thanks, Chris Christopher W. LeClair, R.E.H.S. Director Otter Tail County Land & Resource Management 218.998.8105 cleclair@co.ottertail.mn.us 1 Otter Tail County Land & Resource Management Government Service Center 540 West Fir Avenue Fergus Falls, MN 56537 Re: Giordano Variance Application Lot 47 Hearing Thursday October 8, 2020 To Board of Adjustment, My sister Sarah Lebens and I are the owners of Lot 48 which adjoins the Giordano property. Lot 47, to the west. Lots 49 and 50, which adjoin Lot 48 to the west, are owned by our parents Russell F. and Susan Freeman, who have lived there since 1973. We understand that in Otter Tail County, "Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden". We are objecting to the Giordano request for the variances on Lot 47 because the exceptions they are asking for create a significantly negative impact on our property and our rights as property owners. The scale of the structures they want to build are disproportional to their lot size, and it will alter the essential character of our property and the beach. The Giordanos want the following variances for their 50-foot lot (narrows to 41 feet at road), which impacts our property and neighborhood: Reduce set back requirement on west side of main cottage from 10 to 6 feet. Reduce set back requirement for the accessory building to 1' 8" from our property line. Increase the height of the accessory building from the allowed maximum of 20 feet to 28 feet. Increase the impervious requirement from the required 25% to 38% (although it would be less than what exists there now). Reduce the setback requirement for the septic system from 10 to 5 feet from the west property line. Overall increase in structure size. 1. 2. 3. 4. 5. 6. We have the following concerns: Structure size for the lot: The Giordanos are proposing to build a main 2 story structure of approximately 3,936 sq feet, with a main level of this structure: 1,968 square feet and a second story.of about the same footage. The accessory building (bunk house / garage) is about 988 sq. ft on the main level. Our assumption is the living area above the garage is the same, which totals 1,976 sq. ft for the accessory building. Combined, this is a total of about 5,912 sq. ft. on a 50-foot lot lake frontage which narrows to 41 feet on the road. Senns Beach Drive is where our cottages are located. It is a dead-end road, and there are 15 cottages located along our road. None of these lots, including lots that are 75 feet or larger, have anywhere close to 5,912 sq. ft. of buildings on their lots. You can view this by walking up and down our road. This size of the buildings they propose, with significant variances beyond the county ordinances is not a reasonable use of the property as it is out of proportion to the neighboring cottages and does not fit the character of the neighborhood. 'K The accessory structure is significantly oversized for the lot. The homeowners are proposing to build a 28-foot-high structure, 8 feet higher than code, that is 1 foot 8 inches from our property line. That height is combined with an overall size of roughly 1,976 sq. ft. The size and proximity to our lot boundary will impede upon our property and will dwarf our lot. Their application states that similar nearby properties currently have accessory structures at about 28 feet in height. This is not accurate. There are no accessory structures of 28 feet on Senns Beach Drive Road, or that can be seen from our beach. Their application states that Russell F. and Susie Freeman's (Lot 49 and 50) "accessory structure" is about 28 feet high. This is not accurate on two points. That structure is 21 feet high, and it is not an accessory structure. It is part of the main cabin. It is also on a 100-foot lot, so proportionally in line with the property size. In addition, we are very concerned about the proposed plan for the Giordano accessory building. It will block a significant amount of our sightlines and might limit us from building a garage or guest cabin on our lot in the future. This could diminish the use and enjoyment of our lot and depress our property value. Setbacks In addition to asking for a setback reduction from lO feet to 1 foot 8 inches for their accessory building on our lot line, the Giordanos are asking for setbacks on their main structure and septic system. In the main structure, they are asking to reduce the 10-foot set back by 4 feet, to a 6-foot setback from our property for an elevator shaft, potential fireplace, and staircase to the 2nd floor. Reducingthe setback by 40% brings a large structure very,close to our home and may reduce our future flexibility to expand or change our cottage. And because their building would be so large and very close to our property line, our views and sightlines will be negatively impacted. We are also concerned about water runoff having such a large property so close to ours and have not seen any plans to ameliorate this risk. In addition to setback variances for the accessory building and the main building, the Giordanos are asking for a setback for the septic tanks. They want to reduce the setback from 10 feet to 5 feet from our property line. What effect will this have on our property? What are the health hazards to us? No one has explained to us what potential risks this may have for us or our property. In summary, we have known the Giordanos for many years and consider them good friends. We would have appreciated the chance to work with them on their project. I first saw their plans on September 28‘^ and at that time there wasn't anything staked out on their property. It has been very difficult for us to properly evaluate their proposals for variance, given we only had 9 days from the time I saw the plans to the due date of a protest letter. I still haven't seen their property staked out as I live in the Twin Cities. We have discussed our concerns with the Giordanos so we could work together to find solutions, but they decided to move forward. If their request for variances is denied our family will be more than happy to try and find a solution that allows them to build a cottage they want without negatively affecting our property values or enjoyment of our cabin, all while fitting with the character of the beach. Thank you for your consideration of our objections to the proposed variances. Russell G Freeman Sarah Lebens CC Russell F Freeman, Susie Freeman Amy Busko Amy Busko Tuesday, October 6, 2020 3:17 PM Jack Rosenthal; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee , Chris LeClair; Kyle Westergard FW: Giordano Variance Application Lot 47 Protest letter Otter Tail Oounty Land Letter.docx From: Sent: To: Cc: Subject: Attachments: Recipient Jack Rosenthal ReadTracking: Chris LeClair Kyle Westergard Darren Newville Read: 10/6/2020 3:18 PM Douglas Larson Michael Donoho Terry Marthaler Thomas (Tom) Lee Attached is correspondence in regards to the Giordano Variance on Pelican Have a great day AMY From: Russ Freeman <russ.freeman@hotmail.com> Sent: Tuesday, October 6, 2020 3:11 PM To: Amy Busko <ABusko(S)co.ottertail.mn.us> Cc: Lebens, Sarah <SarahLebens@edinarealty.com>; Dad <russellfreeman(®yahoo.com> Subject: Giordano Variance Application Lot 47 Protest letter Hi Amy, attached is our letter of protest for the Giordano Variance Application Lot 47 Hearing that is scheduled for Thursday October 8, 2020. Thanks for forwarding this on to the Board members! Russ 1 Amy Busko J.D. Larson <jdl616@yahoo.com> Thursday, October 8, 2020 3:51 PM Amy Busko; Kyle Westergard Jimmy Giordano; Lynne,Barry; Tony Stoll; Dana Tomlinson Facts & Photos For Tonights Mtg. For Giordano Variances IMG_1456.JPG; IMG_1.458.JPG; IMG_1459.JPG; IMG_1466.JPG; IMG_1470.JPG; IMG_ 1471.JPG From: Sent: To: Cc: Subject: Attachments: Hi Amy I Am Hoping You Can Get This Infprnnation & Photos To The Board For Tonight's Meeting. Apologies For It Being Last Minute, Day Of Hearing. 1~ Giordanos Total Impervious Is Going From 6465 To 4819/Down 25.5% 2~ Set Back Encroachment Is Going From 911 Sq. Ft. To 424 Sq. Ft./Down 53.5% 3- Current Lakeshore Set Back Is At 32'10", We Are Proposing Set Back Of 50'+ . 4~ Freemans Steps Are 48" From Property Line. The Freemans Are Concerned About Their Property Value Being Depressed. Please See 1st Attached Photo. We Feel They Depress Our Values. Rusty & Sarah Freeman Do Not Sleep/Stay In Their Cabin Because It Is Not Healthy For Them. 5~ Freemans State There Are No Similar Structures? Please Se 2nd & 3rd Photos. 1st Being 3 Doors To The East & 2nd Being 2 Doors To The West, 6~ Please See A Few More Photos Of Similar Lotline Circumstances 3 Houses East & West. Thank You For Your Time & I Hope You Will Be Able To Share With Board Being That Our Meeting Is Virtual.. Best, JDL J.D.'Larson J.D.'s Lake Services, LLC 22386 Senn's Beach Drive Detroit Lakes, MN 56501 P/?one.-218-841-2722 Fax.-218-532-5700 Email: jdl616@yahoo.com 1 '&m mm Amy Busko ,e. J.D. Larsbn <jdl616@yahoo:com> Thursday, Octobers, 2020 3:53 PM Amy Busko; Kyle Westergard Jimmy Giordano; Lynne Barry; Tony Stoll; Dana Tomlinson 1 More Photo Of Large Cabin IMG_1468.JPG From: Sent: To: Cc:; Subject: Attachments: Amy, This House Is 4 Doors To The West Of Site. I Could Not Attach In Last Erriail. Another Large Structure.. ;Thanks, JD J.D; Larson J.D.'s Lake Services, LLC 22386 Senn's Beach Drive Detroit Lakes, MN 56501 Phone: 218-841-2722 Fax.-218-532-5700 Email: jdl616@yahoo.eom 1 j1 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 12,584Lot Area (ft*): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft*Ft*Ft*Ft* Dwelling 0 (2,151 removed)0Deck(s)01,963 Attached Garage 0 0 (323 removed)0 Patio(s)413 Detached Garage 0 (251 removed)988 0 (543 removed)Sidewalk(s)142 Storage Shed 0 0 Landing(s)0 205 0WOAS 0 355 (1,709 removed)Driveway(s)0 0RCU 0 Parking Area(s)0 0 99 (Covered Entry)0Miscellaneous0 (282 Carport - removed)Retaining Wall(s)67 Landscaping (Plastic Barrier) 00 (253 Cottage - removed)56 (Covered Patio)0 531 (Road)Miscellaneous 0 953 (2,575 removed)7603,1060 (2,937 removed)TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft* Ft*Ft*Total Buildings Ft* 0 3,106 24.73,106 12,584 .247 100++x Buildings Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft*Ft*Ft*Ft* 953 3,866 4,819 .383 38.312,584 100+S X LR; Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016 Signature:" O 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 (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^ 0 (514 removed)Building(s)0 Deck(s)0 0 Patio(s)1020 Sidewalk(s)0 (23 removed)0 0 0Landing(s) Driveway(s)0 0 0Parking Area(s)0 67 0Retaining Wall(s) Landscaping (Plastic Barrier) 00 Miscellaneous 0 0 67 (537 removed)102TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft2 Ft2 Ft2 Maximum Allowable 260 Ft‘ 67 16912+a LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016 ~s.Signature:.Date: ^ TO FROFOSEO DRAIN FIELD IMPERVIOUS CALCULATIONS HATCH INDICATES PROPOSED RESIDENCE = 1563 5.F.EXISTING RCAD PRCPC5ED (5ARASE/LIVINS CTRS. » «^86 S.F.AREA AS NCTED PRCPCSED COVERED ENTRY S.F.IN IMPERVIOUSS PROPOSED COVERED PATIO 56 S.F.CALCULATIONSS PROPOSED APRONS 205 S.F.S PROPO^D STEPPINS STONES 142 S.F.X PROP. LAKESIDE PATIO/PERSOLA *413 S.F. EXISTINS DRIVEVHAY fREDUCED^355 S.F.X EXISTING ROAD CSENNS BEACH DR) «531 S.F. EXISTINS RETAININS INALL 6T S.F.X TOTAL PROPOSED IMPERVIOUS = 4^14 S.F. LOT SIZE = I2B&4 S.F. PROPOSED IMPERVIOUS COVERAGE = 38.24 % PROP. DLDS. COVERASE (3.106 S.F.) = 24.68 % /EXISTINS SEPTIC TANK CAPPROXJ APPROXIMATE / LOCATION OF /^ GARAGE/\/EXISTING BUILDINSS TO BE REMOVED EXISTINS k«LL ^APPROX.J OUSE LR ■ 1323.02 APPROXIMATE^ < LOCATION OF / PROPOSED i^LL (Verify; JOB NO;41486 DATE:04/10/20 ©2020PLANNERS - ARCHITECTS P.O. BOX I8S, 650 3RD AVE SE. SUITE #10, PERHAM. MN 56573 (218) 346-4505 )THIS PRAWIN6 IS COPYRI6HTED /W SHALL BE KB^’RODUCEDyamcm a^chitk-ts kRITTB4 PERMISSIONCGIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY. MINNESOTA IMPERVIOUS CALCULATIONS EXISTIN<S= = 2,«131 5.F.EXISTING BUILDINS5 = 215^5 S.P.EXI5TIN<& DRlV^WAr «=^33 S.F.EXISTIN6 1NAL<S/RETAININ6 HALL == 6,465 5.F.TOTAL IMPERVIOUS = I23&4 S.F.LOT SIZE = 51.37 %IMPERVIOUS COVERAGE = 23.34 %BUILDINS OOVERAOE EXISTIN6 SEPTIC TANK ^APPROXJ XGARAGE /// o 132 EXISTING I^LL (AFFFOKJ STRIN&LINE SETBACK } JOB NO;41436 DATE:06/27/20 ©2020PLANNERS / ARCHITECTS P.O. BOX 185, 650 3RD AVE SE, SUITE #10, PERHAM, MN 56573 (218) 346-4505 c )THIS DRAHIN© IS COFTRISHTB? AND SHALL NOT BE RB^RODUCED WITHOUT ARCHITECTS WRITTEN PB?MISSION GIORDANO RESIDENCEPELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA " DN COV'D ENTRY i ' 05‘-O\6'-O")aBENCH kN/ HCCK5 POWDER^(5'-3"x5'-eV \STOR.FOYER OPEN RAILSTAIR (4'-OV ME6H. CHASEJ mCPTICNAL ACCENT WINPCW @ ELEV. SHAFT-<UP PANTRY (13'-3"x6'-IC";HALL DUAL ACTINS DCCRELEVATOR (4'-e>\y-4") CRAWL SPACE ACCESS--------- ELEV. EQUIP. fs'-icxs'-r; L5'-2"BUTLER'S PANTRY ('l3'-3"xT-T';WINE f^'-T"x6'-4"; DROP CEILINC @ WINE i MECH. FCR STAIR/ LANPINC ABCVE ---1 REF/FRZ. I HICH CLASS KITCHEN f(l4'-0"xiq'-6"J O.1MECH. CHASE (Nof>0I]nTV. W/ BUILT-INS \>=: E"_l rT.V. NOOK (\o'-b”x\r-o") ii=J= 'DO77/u IDOsfr nSEATINC " @ ISLANDlO’-C" HICH CEILINCS 6'-C"xfe'-C" ISLAND W/ 5EATINCCLR. Flf^PLACE BAC< BAR/STCR.LIVING ' i| (\r-e''x\r-n _j| BAR (IB'-CxIT-”) HICH CLASSJ CLR. HICH CLASS m V S o_l N- COVERED PATIO(\4'-0"x4'-O") f^('r&'-C"xl2'-C";-yA^^ mpergolat^yA(i4'-p"xS'-p"J|^o_l STEPS TC CRAPES6'-C"6./71 7 i (MAIN COTTAGE) MAIN LEVEL FLOOR PLAN NORTH SCALE - l/S" = r-C"MAIN LEV^L = 1,463 S.F. JOB NO: 41466 DATE: 03/21/20 ©2020PLANNERS / ARCHITECTS P.O. BOX 185, 650 3RD AVE SE. SUITE #10, PERHAM, MN 56573 (218) 346-4505 c )THIS Df?AHIN& IS COPTRISHTH? AND SHALL NOT BE RB=RODUOED HITHOtrr ARCHITECTS WRITTEN PBWIS5ION GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA COVERED ENTRY BELOW rn r nL JL J nr __JI------- I— 1_ f^_ - T ^BEDRM./Ir-OPEN RAILA OFFICE r^n T (l3'-3"xl3'-_r^ j_ J1 ASTAIR (4'-0")I—> L _ TUB/SHOWERELEVATORBENOfT~(4'-e\y-4") BATH 5'-0") i UArsLANDING------(3'-IO"x5'-5"; OPTIONAL ACCENT WINDOWS @ ELEV. SHAFT— 5'-2" DN <DN D.W. HALL LAUNDRY (\3'-3\r-o") STOR./MECH. f&'-o"x4'-&";o o>0 HIS HERSfl3'-3"xl2'-5";(&'-0"x=i: Ill'-l"J ENTRYn'-3"xll'-4"j TOILET r COFFEE BAR FIREPLACE-^SHO/CR f4'-fe"xl2'-4'9 rr?^ MASTER ^ H M.BATH n('l3'-3"x “ IT'-2"; BEDRM.('l5'-S"x20'-2"; ___^ o nFIREPLACE CHASE FRCM DELCW-------___I h zHICH WINDOWL \ COVERED PATIO BELOWHhnr“T T r rriti] PERSOLA BELOW imj jlilLriMljJll-j _1 ^ X J_ i_ lilLi] 34'-0"~?7 (MAIN COTTAGE) UPPER LEVEL FLOOR PLAN NORTH SCALE - l/S" = I'-O"= IS'T=1 S.F.UPPER LEVEL bh JOB NO; 41466 DATE: 06/2T/20 ©2020 P.O. BOX 185, 650 3RD AVE SE, SUITE #10. PERHAM, MN 56573 (218) 346-4505PLANNERS / ARCHITECTS )(THIS DRAWIN& IS COPYRI6HTED AND SHAU NOT BE RB=RODUCa3 WITHOin- ARCHITECTS kRITTEN PB?MIS6ION GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA A—^ As^ipwr _ 4>\P& vil4W*K. 9 /^H4TU4*)T» (MAIN COTTAGE) NORTH ELEVATION - ROADSIDE SCALE - I/S" = r-C" ■> As<st*fl" ^£=llf»LA PP * .•«• pU-re A- |zr-^>^ Tm|aW — a±:i nJ-llFTW IIh ifr TTT+ifI rnwR .1«Wer VEMBet«. 4 KHkJ _ A T qCDLith!i-.;j SLI £rnrT \ (MAIN COTTAGE) SOUTH ELEVATION - LAKESIDE SCALE - I/S" = I'-C" JOB NO; 4I4S6 DATE: 0&/21/20 ©2020 PLANNERS / ARCHITECTS P.O. BOX 185, 650 3RD AVE SE, SUITE #10, PERHAM, MN 56573 (218) 346-4505 ( ) I THIS DRAHINS IS COPTRISHTH? AND SHALL NOT BE RHPRODUOED NITHOl/T architects k«ITTEN PBRMISSION GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA Ri4iAU/<r jappMBR*Vfeslf^ irpsp-u^v^ imu^ >y ve»4e6p l4^ Ijs^/ri.ilii. ' -'"'IK*'?' am\&p (GARAGE/BUNKHOUSE) NORTH ELEVATION - ROADSIDE SCALE - I/S' » r-O" hdi«^nr- A<s^EKT pi^pMiei^.A^PHWT f^- A:i2e+rr _ P+WKE-l^ tlfffei^. L&vpL ur'-^“’ PE^ ASi^eKr WlMP^HHMkIHt>I -^iaMe= vft4eap (GARAGE/BUNKHOUSE) SOUTH ELEVATION SCALE - 1/6" = I'-O" JOB NO: 41466 DATE: obnino ©2020P.O. BOX 185, 650 3RD AVE SE, SUITE #10, PERHAM, MN 56573 (218) 346-4505PLANNERS / ARCHITECTS ) c THIS DRAWINS IS COFTRiSHTED AND SHALL NOT BE RB=RODUCED HITHOt/T AROHlTECrS WRITTEN PBJMISSION GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA 2fe‘-0"/7 CONCRETE APRONV A\ c^ 4 4 q'_C>'"xe'-0"' O.H. DOORO.H. POOR rr ^ GARAoirWirl f25'-l"x2l'-6';. O_i «0m RnriT Mill STAIR O'-e")STORAGEMECH.f6'-0"x 4)UP a s 4 BENCH4 DECK ABOVE i (GARAGE/BUNKHOUSE) MAIN LEVEL FLOOR PLAN NORTH SCALE - 1/6" = r-O"466 5.F.MAIN LEVEL S bhA.JOB NO: 41466 DATE: 06/2T/20 ©2020 ner'j- P.O. BOX 18S, 6S0 3RD AVE SE, SUITE #10, PERHAM, MN 56573 (218) 346-4505PLANNERS / ARCHITECTS c THIS DRAWIN6 IS COFTRISHTED AND SHALL NOT BE RH=RODUC«? WITHOUT AROHITEOrS WRITTEN PB?MI55ION GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA 2e'-o"✓✓ \ BUILT-IN BUNKS BATH^— o_i «0to SHOWER C2'-S"x5'-0", STAIR(3'-6"; KITCHENETTE SITTING 1 ^'1= '-3T ■—T wc;L_..rto LJ WINDOW SEAT \ DECKrS'-0"x5'-0"; f (GARAGE/BUNKHOUSE) UPPER LEVEL FLOOR PLAN NORTH SCALE - l/S" = I'-O"UPPER LEVEL =116 S.F.= JOB NO: 4I4&6 DATE: 06/2T/20 ©2020P.O. BOX 185, 650 3RD AVE SE, SUITE #10, PERHAM, MN 56573 (218) 346-4505PLANNERS / ARCHITECTS ) c THIS DRAWIN& IS COFTRl&HTED AND SHALL NOT BE RB=RODUCED MITHOUT architects (-RITTEN PB?MISSION GIORDANO RESIDENCE PELICAN LAKE - OTTER TAIL COUNTY, MINNESOTA