HomeMy WebLinkAbout17000990936000_Variances_07-11-2019Ii
1223537
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OH
07/17/2019 09:29 AM
FEE: 46.00
PAGES 4
WELL CERTIFICATE REC'D; H
Date Stamp
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JUN 1 0 2019
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.'
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APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56S37
218-998-8095
www.ottertallcountymn.us9,TTCRTflU
Application Fee
Receipt Number ~0^2-
Accepted by A P iol H\ 1^Date
Property Owner
Name Joshua and Alison Kasowski
Address 24375 Morningside Beach Lane
City Detroit Lakes
State MNI
Zip 56501
Daytime
Phone 701.490.0930
Email joshua.kasowski@bankforward.com
Parcel Information
Lake No ' Lake Name Lake Class QiDPelican Lake
Parcel Number(s)17000990936000
Parcel Number(s)
Section [ 04Township Name Dunn Township
Legal Description Section-04 Township-137 Range-042
PROVAN BEACH W41’ LOT 8 & EX W16’ LOT 9
Physical Address 24375 Morningside Beach Ln, Detroit Lakes. MN
TYPE OF VARIANCE REQUESTED (Please Check)
Structure
Setback ZJ SubdivisionStructure Size Sewage System
mClusterWECSMiscellaneous
1
y(I
I SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE 8E BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: Shorelaiid ManaaeiTient Ordinance
SECTION OF ORDINANCE:A.j "HT ^ B
VARIANCE REQUEST: •'
Requesting a 13' Variance from the road right-of-way to be 7' from the road. The road right-of-way setback is 20'. Requesting to
change existing driveway impervious into a 25' x 25' garage. Maximum allowable building impervious surface is 20%.
Requesting a Variance to increase the building impervious 1.85% for a total of 21.85% building impervious surface total. The
Total impervious surface on the lot is 47%. The total number will not increase. Requesting a Variance to remain at 47% total
impervious surface. Maximum allowable total impervious surface is 25%.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELANO MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
i
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGENjENT REGAROINS_THIS MATTER.
- /Lf. /?
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive NoUfIcatlon of the Date/Time of Hearing)
OFFICE USE ONLY
7'//V^Date of Board of Adjustment Hearing Time
Motion
Joshua & Alison Kasowski - Denied (6:45 p.m.)
After consideration and discussion. Steve Schierer made a motion, seconded by Douglas Larson to approve the proposed variance
with the condition that the impervious surface cannot exceed 32%. Steve Schierer rescinded his motion and made a new motion,
seconded by Douglas Larson and unanimously carried to deny the variance as requested as the impervious surface coverage on the lot
is too high being at 47% and 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
Permit(s) required from Land & Resource Management NoYes K
Note: If Yes, contact Land & Resource Management
/4}UC| p)q.cbCopy of Application mailed/emalled to Applicant, County Assessor and MN ONR
L&R Official/Date
cl 01122019-001 2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.eO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR Tflllee«»VT-Bia«i(OTa
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
______ Address/Parcel No. 24375 Morningside Beach Ln./17000990936000Applicant: Joshua & Alison Kasowski
Requested Variance: Requesting a 13' Variance from the road right-of-wav to be 7' from the road. The road right-of-way
setback is 20'. Requesting to change existing driveway impervious surface into a 2S'x25' garage. Maximum allowable
building impervious surface is 20%. Requesting a Variance to increase the building impervious surface 1.85% for a
total of 21.85% building impervious surface total. The total impervious surface on the lot is 47%. The total number
will not increase. Requesting a Variance to remain at 47% total impervious surface. Maximum allowable total
impervious surface is 25%.
Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord.
Ordinance Section Citation: III 4 A & IV 8 B
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: Lack of space and the lot is a pre-ordinance, substandard lot
Otter Tail County Board of Adjustment - Variance Question Findings
Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
1.
The existing impervious surface coverage is at 47% which exceeds the maximum allowed coverage.
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).
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:
2.
Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
3.
4. Will the issuance of the variancermaintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
Yes, the issuance of the variance will maintain the essential character of the locality....
No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
Yes, the need for the variance involves more than Just economic considerations....
No, the issuance of the variance is only for economic considerations...
...because:
The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES X
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
DATED: July 11, 2019
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, July 11, 2019
The Otter Tail County Board of Adjustment met Thursday, July 11, 2019, with the following persons in attendance:
David Wass
Darren Newville
Douglas Larson
Thomas Lee
Steve Schierer
Chris LeClair, Director, Land & Resource Management
Kyle Westergard, Assistant Director, Land & Resource Management
Ben Olson, Assistant County Attorney
Kenneth Vorderbrugen - Absent
Called to Order - Steve Schierer, Chairman cailed the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the June 13,2019 meeting.
The Board of Adjustment considered the following application(s) for variance:
Robert & Kae Honeman - Variance Application Approved with Condition (6:32 p.m.)
Robert & Kae Honeman, Lot 30 of Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested the following: Option
No. 1 - Request to put a second story on an existing 24' x 28' Detached Garage being 24' high. Currently the structure is a one stall
garage & rec room. The proposal will allow us to be a 2-car garage below and half workshop/storage above. Requesting a 4' Variance
to be 24' Tall required height restriction is 20'. The proposed 2nd story addition to detached garage will be 15' from the Road Right of
Way required setback is 20'. In 2004 there was a variance granted which allowed the detached garage setback to be 15' from the Road
Right of Way. Currently there is one detached garage on Heilberger Lane that is over 20' in height. Option No. 2. Request to construct
a 24' X 24' Detached Garage 15' from the Road Right of Way in order to meet the Lotline Setback. Required setback is 20'.
David Wass recused himself from this application.
Robert Honeman represented the application. The audience was polled with no one speaking for or against the variance as requested.
After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and unanimously carried to approve
Option #1 to place a second story on an existing 24’ x 28’ Detached Garage as described in the Variance application dated June 6,
2019 with the condition that the pitch of the roof can be no more than a 3/12 pitch and 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 the property is at the
end of a cul-de-sac and by having a 3/12 pitch should reduce the height of the detached garage to be under 24’. The variance as
approved does not directly or indirectly grant any other variances for future development.
p Joshua & Alison Kasowski - Denied (6:45 p.m.)
Joshua & Alison Kasowski, W 41’ Lot 8 Ex W 16’ Lot 9 of Provan Beach, Pelican Lake in Dunn Township, requested the following:
Requesting a 13’ Variance from the road right-of-way to be 7’ from the road. The road right-of-way setback is 20’. Requesting to
change existing driveway impervious surface into a 25’x25’ garage. Maximum allowable building impervious surface is 20%.
Requesting a Variance to increase the building impervious surface 1.85% for a total of 21.85% building impervious surface total. The
total impervious surface on the lot is 47%. The total number will not increase. Requesting a Variance to remain at 47% total
impervious surface. Maximum allowable total impervious surface is 25%.
Joshue Kasowski represented the application. The audience was polled with no one speaking for or against the variance as requested.
After consideration and discussion, Steve Schierer made a motion, seconded by Douglas Larson to approve the proposed variance with
the condition that the impervious surface cannot exceed 32%. Steve Schierer rescinded his motion and made a new motion, seconded
by Douglas Larson and unanimously carried to deny the variance as requested as the impervious surface coverage on the lot is too
high being at 47% and based on the Findings of Fact and Decision Fonn, 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.
Page I 1 of 4 July 11,2019
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:
Joshua & Alison Kasowski
24375 Morningside Beach Ln.
Detroit Lakes MN 56501
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, July 11, 2019 at 6:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public 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:
Parcel No. -17000990936000
W 41' Lot 8 Ex W 16' Lot 9 of Provan Beach
Section 4, Tovi/nship 137, Range 42
Tovynship Name - Dunn
Lake Name/Number/Class: Pelican Lake (56-786), General Development (GD)
24375 Morningside Beach Ln., Detroit Lakes MN 56501
Legal Description:
Property Address:
The variance requested is the following:
Requesting a 13' Variance from the road right-of-way to be T from the road. The.road right-of-way
setback is 20'. Requesting to change existing driyeway impervious surface into a 25'x25' garage.
Maximum allowable building impervious surface is 20%. Requesting a Variance to increase the
building impervious surface 1.85% for a total of 21.85% building impervious surface total. The total
impervious surface on the lot is 47%. The total number will not increase. Requesting a Variance to
remain at 47% total impervious surface. Maximum allowable total impervious surface is 25%.
Amy Busko
Board of Adjustment Secretary
June 27,2019
ottertailcountymri.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
s-i.
SCALE DRAWING^ FORM; :■
Tax Parcol NunAecta)
The scale drawing must be a aignod drawing which Includes end Idenlines a graphic scale (tost), all exisb’ng and/or proposed structures, septic
tanks, drainSelds, lotMnes, iockI right-of-ways, easements, OHWLa, welts, wetlands and topographic features (l.e. bluffs). Must also con^te the
Imperious Surface Caicutatlon (see back).
Scale
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
^te; ^ . rJT . ^<=9Lot Area (ft*): *7^*^ 4^Signature:
Buildings Other Impervious Surface
ProposedExisting Existing ProposedFt*Ft*Ft*Ft*
Dwelling Deckfs)o O
•‘/'o.Attached Garage Patio(s)a
Detached Garage Sidewalk(s)&a
3jastorage Shed
WOAS
Landlng(s)aoo
Drivewavfs)11 ^0.5
J
Parking Area(s)
Retaining WalKs)
RCU e>
Miscellaneous
Landscaping
(Plastic Samer)Miscellaneous
IdZ-s oTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Uaxtmuin Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft*Ft*Ft*Ft*Total Buildings
U2-S O- zi ?100+s s:X ss
Buildings + Other
Impervious Surface
Percentage
Maximuin Allowable 25%
Total Lot Area Impervious
Surface
Ratio
Existing-ProposedTotal
Buildings Other
Impervious Surface
Ft*Ft*Ft*Ft*
(p25 ^^1,1^4^*70100s+X s
tmpecvlous Surface Calculation Worksheet C3*25*2014
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 27th day of June, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Property Owner Township Clerk Lake Association
Joshua & Alison Kasowski Douglas Winter, Clerk
24375 Morningside Beach Ln. Dunn Township
Detroit Lakes MN 56501
Pelican Group Lake Imp. Dist.
PO Box 336
Pelican Rapids MN 5657250053 Fish Lake Rd
Detroit Lakes MN 56501
City Clerk (if located within 2 miles of a city) N/A
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
Pina I akfts Imn. Dist.. PO Box 405. Porham. MN 56573Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 |
Bouth I urtle Lake imp. Uist., FU Box 16«, underwood, MN bbb«6 '
(0
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
UJ
Little Pine 8. Rio Pina:
youth I urtle Lake:
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, OTC Flwy 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:
Ken Vorderbrugen, 20901 County Flwy 65, Flenning MN 56551
R. Stephen Schierer 32117 260*^’ Ave, Erhard MN 56534
Thomas (Tom) Lee, 15600 County Flwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Planning Commission Member: David Wass, 29133 260*^ St. Underwood MN 56586
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
!FileDated: June 27, 2019
Extra 7
BOA Members
PC Member__
Envelopes___
TOT^ NOTICES TO PRINT/
r^Added to Agenda
Amy Busko, Secretary
Otter Tail County Board of Adjustment 5
I ^OFBy:
Arny Bugko u
\ \/fPrint out Findings of Fact Sheet
Newspapers h Ucu. i v ^ Pft‘.s ^
FF or i/"l:\BOA\Affidavits\Kasowski (786) 07-11-19.docx
Buffer Parcels
Parcel No Name 1 Addr 1
2104 Hastings Ave Ste 200
Addr 2Name 2 CitvStZio
Newport MN 55055 181217000040065000 Azure Estate LLC
17000040065001 Azure Estate LLC Newport MN 55055 18122104 Hastings Ave Ste 200
17000090107001 Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
17000090107006 >"/Azure Land Co LLC \2104 Hastings Ave Ste 200 Newport MN 55055 1812
17000100116005 Annie Sumpter 8963 Pheasant Run Burlington Wl 53105 8722
17000990754000 Radtke Fam Lake Prop LLC 12942 Red Fox Rd W Peoria AZ 85383 7630
17000990929000 Lorry E Vining LLC Attn Renee Fowler 15605 29th St SE Casselton ND 58012 9754
17000990930000 " ''jeffrey V Overby 1st 3915 3rd St S Moorhead MN 56560 5601
17000990931000 Fargo ND 58104 72346262 Martens Way SMichael &. Kristi Spindler
17000990932000 Lynn M Hoghaug 1st Devils Lake ND 583010160PO Box 160
17000990933000 Lynn M Hoghaug Tst Devils Lake ND 58301 0160PO Box 160
17000990934000 Lynn M Hoghaug Tst Devils Lake ND 58301 0160PO Box 160
Nathan A & Jessica L Metcalf17000990935000 4813 Meadow Creek Dr S Fargo ND 58104 7115
17000990935001: Kristi Timmer & Rich Pundsack 5865 Sunnybrook Ln Minnestrista MN 55364 1280
17000990936000 Joshua R & Alison M Kasowski 9619th Ave NE Valley City ND 58072 2422
17000990936001 Nathan A & Jessica L Metcalf 4813 Meadow Creek Dr S Fargo ND 58104 7115
2104 Hastings Ave Ste 20017000990939000 Azure Estate LLC Newport MN 55055 1812
17000990941000 , Azure Estate LLC Newport MN 55055 18122104 Hastings Ave Ste 200
17000990942000 Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
17000990943000 ^ Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
17000990947000 Azure Estate LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
Fridav, June 21. 2019 Page 1 of 1
Buffer Mail
City, State, ZipAddress i Address 2Name
Newport MN 55055 18122104 Hastings Ave Ste 200Azure Estate LLC
r Azu re . La ndXo
Jeffrey V Overby 1st
Newport MN 55055 18122104 Hastings Ave Ste 200
Moorhead MN 56560 56013915 3rd St 5
I. Joshua R & Alison M Kasowski Valley City ND 58072 2422961 9th Ave NE
Minnestrista MN 55364 1280Kristi Timmer & Rich Pundsack 5865 Sunnybrook Ln
Casselton ND 58012 975415605 29th StSELorry E Vining LLC 7
• .■SlAW.'tZUjX-
Devils Lake ND 58301 0160Lynn M HoghaugTst PO Box 160
Nathan A & Jessica L Metcalf 4813 Meadow Creek Dr S Fargo ND 58104 7115
12942 Red Fox Rd W Peoria AZ 85383 7630Radtke Fam Lake Prop LLC
L( Michael & kristrSpindler " ,Fargo ND 58104 72346262 Martens Way S
'■-T
Burlington Wl 53105 87228963 Pheasant RunAnnie Sumpter
Page 1 of 1Friday, June 21, 2019