HomeMy WebLinkAbout17000990978000_Variances_11-10-2022e -/'■■if- i&iii
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OCTM 2022
LAND & RESOUBCt
LSR Initial-WAl \
Date R
LYHH R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MH
RECORDED ON
11/18/2022 03; 46 PMISv!X
P-EE; 46..00Tf
l_l THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDERI-,2 WELL CERTIFICATE REC'D; N
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: ww\w.ottertailcountvmn.us
^2>0oo. noApplication Fee
Receipt Number 1.0~ D3
Reviewed/Accepted By / Date
DAYTIME PHONE 701-306-2277Lance FreierPROPERTY OWNER
50131 Fish Lake Road, Detroit Lakes, Minnesota 56501MAILING ADDRESS
lance.freier@gmail.comE-MAIL ADDRESS
786 Pelican Lake .lake class
Dunn
LAKE NAMELAKE NUMBER _
SECTION TOWNSHIP 137 .range TOWNSHIP NAME
PARCEL
NUMBER
E-911
.ADDRESS 50131 Fish Lake Road, Detroit Lakes17000991810000
LEGAL DESCRIPTIONBlack Dog Addn Provan Beach Lot 3 BIk 2 Parcels #1810 and #978 not to be split, Provan Beach
Lot 49 Parcels #978 and #1810 not to be split.
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT: 2021
INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S).
OTTER TAIL COUNTY ORDINANCE (Please Check)
[iHshoreland Management Ordinance
CH Sanitation Code
EH Subdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S):
I I Renewable Energy Ordinance
[Hother_______________
Section 6, Subp 5.B and Section 8, Subp 4.B.1
0Attached Subsurface Sewage Treatment System Compliance Inspection
IZ]no septic system on property
Inspection Date:
Page 2
FreierProperty Owner
Parcel Number 17000991810000
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
VARIANCE REQUEST;
1. The height of the constructed buildiing, built by a licensed contractor, is 23', which is three feet beyond what is
allowed by Section 6, Subp 5.B. Applicant requests a variance for the height of his building.
2. The driveway leading to the building, and the building itself, have an impervious coverage of 37.01% as determined by
the Land and Resource Management Staff. This is beyond what is allowed by Section 8, Subp4.B.1. Applicant
requests a variance for the percentage of impervious coverage of the building plus driveway.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY 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.
<a4'4rA\<.’y Itj/
~ mfl
/s/ Lance Freier TY OWNER / AGENT pd’lSIGNATURE OFPROPI R OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
OFFICE USE ONLY
Jo>Date Of Board of Adjustment Hearing
Motion
Time
Variance Application Denied (6:19 p.m.) After consideration and discussion, Thomas Lee made a motion, seconded
by Darren Newville and carried to deny the after the fact variance application. The board will allow the property
until November 10, 2023 to come into compliance with the official controls. The Findings of Fact and Decision Form
relating to the application is incorporated into these minutes by reference. The form will also remain on file with the
Land & Resource Management Department.
owner
/Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
AyvwfaJto
R Official/Date
IH&'202-2-Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 082021
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR TAIloesiTTMiattioti
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:Lance Freier
Address/Parcel No. 50131 Fish Lake Rd. / 17000991810000
Requested Variance: The height of the constructed building, built by a licensed contractor, is 23', which is three feet
beyond what is allowed by Section 6, Subp 5.B. Applicant requests a variance for the height of his building. The
driveway leading to the building, and the building itself, have an impervious surface coverage of 37.01% as determined
by the Land and Resource Management staff. This is beyond what is allowed by Section 8, Subp 4.B.I. Applicant requests
a variance of the percentage of impervious coverage of the building plus driveway.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. U Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 5.B. & Section 8, Subp 4.B.1
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 foilowing practical difficulty: The garage was built with a licensed contractor. In July Otter Tail County
wrote a letter indicating that we were over the impervious surface and the height of the structure exceeds what is allowed. Property
owner indicated that he did not know that there was too much concrete and when he looked back at the permit it clearly stated that
the structure was supposed to be 20 feet in height and approval for 25.2 impervious surface coverage. There is no definite answer as
to how the structure got built at 23 feet in height. The contractor blames the draft person, and the draft person blames the
contractor. They have not had an answer for him. The contractor pulled the permit for 20' and that is what it was supposed to be.
The impervious surface is the same thing and upon inspection there was more impervious coverage that what is allowed.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
□ Yes, the variance is in harmony with the general purposes and intent of the official control...
X No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
They exceeded their imperious surface coverage of their lot by covering 37.01% with impervious surface coverage and
exceeding the height requirement by constructing their non-dweiiing at 23 feet in height.
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.
3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
□ Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
X No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The permit which was applied for and issued would have allowed for a building that met all the official controls. In other
words, there is nothing unique to the property that would have prevented the landowner from complying with the official
controls relating to height and impervious surface coverage, and that the current issues were created by the landowner.
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, simiiar sized or number of structures adjacent or in area, etc.)
□ Yes, the issuance of the variance will maintain the essential character of the locality....
X No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
No.
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 considerabiy 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
"Doito^oDATED: November 10, 2022
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
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Fergus Falls MN 56537
RECEIVED
WV2I 2022
_AND & RESOUBCI
Lance Freier
50131 Fish Lake Rd
Detroit Lak
NI XIE 5 81 5 E 1 0111/23/22
RETLIRN TO SENDER
NO iUCH NUWBtK
UNABLE TO FORWARD
BC: 56537136440 *2735-01831-17-44N5N
LAND & RESOURCE MANAGEMENTOTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
November 16, 2022
Lance Freier
50131 Fish Lake Rd
Detroit Lakes MN 56501
RE: Variance Application, Pelican Lake (56-786)
Dear Mr. Freier:
Enclosed you will find a copy of your processed Variance Application with the Chairmans
signature as well as a copy of the Board of Adjustments Findings of Fact and Decision form.
On November 10, 2022, the Board of Adjustment Denied your Variance request to allow the
height of your non-dwelling to remain at 23 feet in height and allow your impervious surface
coverage to remain at 37.01%.
The Board of Adjustment is allowing you 1 year from the date of the Board Meeting to bring the
property into compliance which would be November 10, 2023.
Prior to bringing your property into compliance you will need to obtain a Structure and Shoreline
Alteration Permit before beginning work.
If you have any questions, please contact Brittany Tollefson, Inspector.
Sincerely,
Amy Busko
Office Manager
ottertailcountymn.us(a)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
Charles & Jennifer Wark -Variance Application Tabled (6:17 p.m.)
Charles & Jennifer Wark, Part of GL 10 Com NEl/4 Cor..., East Lost Lake (56-378) in Sverdrup Township requested the following:
Requesting a variance of 55ft from the lOOt OHWL setback for an addition to existing dwelling, existing dwelling is 25ft from OHWL
and addition will be 45 ft from OHWL at closest point.
An email was submitted by Charles & Jeimifer Wark requesting to table their variance request to December 2022.
After consideration and discussion, Rick West made a motion, seconded by Terry Marthaler and carried to approve the request by the
applicant to table the variance until December 2022.
Lance Freier-Variance Application Denied (6:19 p.m.)
Lance Freier, Lot 3 Blk 2 of Black Dog Addn, Provan Beach, Parcels #1810 & #978, Not to be Split, Pelican Lake (56-786) in Dunn
Township requested the following: The height of the constructed building, built by a licensed contractor, is 23’, which is three feet
beyond what is allowed by Section 6, Subp 5.B. Applicant requests a variance for the height of his building. The driveway leading to
the building, and the building itself, have an impervious surface coverage of 37.01% as determined by the Land and Resource
Management staff. This is beyond what is allowed by Section 8, Subp 4.B. 1. Applicant requests a variance of the percentage of
impervious coverage of the building plus driveway.
Lance Freier, property owner, and Joshua Swanson, attorney for Mr. Freier, presented the variance application.
The audience was polled. At that time Mr. Swanson stated his client did not intend to exceed the allowable impervious surface
coverage. Mr. Swanson highlighted that a neighbor to the north of the subject property uses Mr. Frier’s driveway to enter a garage.
The neighbor’s garage has a side-facing entrance. The neighbor has an easement, most of which is over the subject property, so that
the neighbor can access his or her garage through the existing garage door. Mr. Swanson wanted to note these circumstances because
he felt they are unique to the neighboring properties and the area. Mr. Swanson felt having separate driveways for the neighboring
properties would create the potential for a bottle neck and other issues.
Mr. Freier also spoke. Mr. Freier explained that his building permit allowed a structure no more than 20 feet in height and for no more
than just over 25% impervious surface coverage. When asked how the project came to exceed both standards, Mr. Freier said the
draftsman blames the contractor, and that the contractor blames the draftsman.
No other audience members spoke for or against the application. An email was received by Rod Rohlfs in support of the variance as
requested. The email was read out loud for the record.
After consideration and discussion, Thomas Lee made a motion, seconded by Darren Newville and carried to deny the after the fact
variance application. The board will allow the property owner until November 10, 2023 to come into compliance with the official
controls. The Findings of Fact and Decision Form relating to the application is incorporated into these minutes by reference. The form
will also remain on file with the Land & Resource Management Department.
Dennis Lunde -Variance Application Approved as Requested (6:42 p.m.)
Dennis Lunde, Pt of GL 2 Bg NW Cor Lot 27 Blk 1 of Lenius Beach 1 Addition, Little McDonald Lake (56-328) in Edna Township
requested the following: Request to allow the lowest floor of a proposed structure to be at elevation 1359.6’ (which is 4’ above the
ordinary high-water level, but 0.57’ below the highest recorded water level) due to recent improvements that provide a stable outlet to
control lake levels.
Tony Stoll, BHH Partners represented the variance application.
The audience was polled with no one speaking for or against the variance application.
After consideration and discussion, Rick West made a motion, seconded by Darren Newville and carried to approve the variance to
allow the lowest floor of a proposed structure to be at elevation 1359.6’. This decision is based on the Findings of Fact and Decision
Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the
minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five
(5) years from the date of approval. The expiration date of this variance approval is November 10, 2027.
Page I 2 Board of Adjustment
November 10, 2022
STAFF REPORT
APPLICANT:Lance Freier
APPLICATION: The height of the constructed building, built by a licensed contractor, is 23', which is 3'
beyond what is allowed by Section 6, Subp 5.B. Applicant requests a variance for the
height of his building.
The driveway leading to the building, and the building itself, have an impervious surface
coverage of 37.01% as determined by the Land and Resource Management staff. This is
beyond what is allowed by Section 8, Subp 4.B.I. Applicant requests a variance of the
percentage of impervious coverage of the building plus driveway.
STAFF WHO COMPLETED REPORT: Brittany Tollefson
Jl^ Otter Tail County visit the county website
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff
recommends the following conditions be included:
Applicable Ordinances/Statutes
Shoreland Management Ordinance
Section 6, Subp. 5.B
All structures, except places of worship, nonresidential agricultural structures, and accessory structures
greater than 400 feet from the OHWL of a lake must not exceed the following height requirements:
A. A dwelling unit must not exceed a height of thirty-five (35) feet;
B. An accessory structure or a non-dwelling must not exceed a height of twenty (20) feet.
The height must be measured from the highest adjoining original ground level at the building foundation.
Section 8, Subp. 4.B.1
Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must not
exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of a planned
unit development, must not exceed 15% of the area of the SIZ.
Staff Comments: Based on a review of the application and a site review. Staff offers the following
comments:
1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
■
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:
Lance Freier
50131 Fish Lake Rd
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, November 10, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application.
Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legaliy described and located at:
Legal Description:Parcel No. - 17000991810000
Lot 3 BIk 2 of Black Dog Addn, Provan Beach, Parcels #1810 & #978
Not to be Split
Section 09, Township 137, Range 42
Township Name - Dunn
Pelican Lake (56-786), General Development (GD)
50131 Fish Lake Rd., Detroit Lakes MN 56501
Lake Name/Number/Class:
Property Address:
The After-the-Fact Variance requested is the following:
The height of the constructed building, built by a licensed contractor, is 23', which is three feet beyond
what is allowed by Section 6, Subp 5.B. Applicant requests a variance for the height of his building. The
driveway leading to the building, and the building itself, have an impervious surface coverage of 37.01%
as determined by the Land and Resource Management staff. This is beyond what is allowed by Section 8,
Subp 4.B.I. Applicant requests a variance of the percentage of impervious coverage of the building plus
driveway.
Amy Busko
Board of Adjustment Secretary
October 27, 2022
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
-
'
I
f
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
PropertyAddr... 5Q131 Fjsh LaRs Roacl PIN
Property Area (from GIS or Survey)'.Squire Footege of Lot Acres fi=.2620 A1Aens 11414
Total Area Afiowed for Impervious Surface
A1 X .25
Total Area Alowad for Buddings
A1 X .20 2282.8A22853.5 A3
List ALL existing structure footprint areas List ALL existing other impervious surfaces
Total Impervious Surfece
Description Area Description Area
14782705 ft*ft^B1Doling and Altachad Garage DrivewayfParRing area(s)Total Impervious-Buldngs
2746 ft*Cl1478 ft'ft*OetaeHed Garage Petio/Sidewatti Total ImperviouS'Other
Tolal Impervious Surface
B1 +C1 4224 ft*41Retaining w«ll(s)ft*D1Shed(t)
Total Percent impervious
(D1 *A1)x 100 37.01%Lar>dscaping Elft*MisceHarMous
OediU)ft*Racreational Camping Unit -1370.5AVowable Total Area Remaining A2-D1
ft*Other:Water Onenled Accessory Structure
2746 ft*1478 ft*Cl Project being requested:B1Total ImpervtouS'Buildmgs Total Impervious^her
Accessory structures less than or equal to 120 sq ft
_ without a permit. This exemption only aisles to items
I—I r>ot located in the Shore Impact Zone. Bluff Impact
Zone, or Wetlarxls
Building Impervious SurfacePercentage
(B1 -f-Allx 100
Reviewed by L&R
O E1 Greater than 15% Exemption Not Allowed
Int: Date:B2 12.95%
□ E1 15% or less Exemption Allowed Smaltlandscapingprojects under200sqfl This
Q exemption ordy applies to Hems not located in the
Shore Impact Zone. Biidf Impact Zone, or Wetlands.
Allowable Building AreaRemaining
A3 - B1
804.80 ft'B3
SHORE IMPACT ZONE
37.5 fl (GD Lakes)
SO ft (RD Lakes/ Agricultura, Urban,Tributary Rivers)
75 fl (Transition River)
1O0 fl (NE Lakes)
Choose the Class ftS1Choose the ClassLake ClatsiTicalion
Shore Impact Zorte Area
51 kS2
S3 ft*S2 00ftAverage lot width in the Shore Impact Zone
Total Area ABowed for Impervious Surface
S3x 15
S4 ft*0
List all other Impervious surfaeas In the Shore Impact Zor>eList all structure footprints in the Shore Impact Zeno
Total Impervious Surface
Dtserfptlen Description AreaArea
ft*S5ft*ft*0PaHo/SidewakBuXdir>g(s)Buildings
S6 ft*ft*0ft*Other
Total Impervious Surfacess-r-se S7 ft*ft*ft*0Landscaping/relainglr^ walKs)
Total PercanI Impervious
(S7 + S3) X too 0.00%ft*Oriveway/Parking area(s)
ft*ft*Miscellarteous
Allowable Area Remaining 84-87 ft*0ft*ft*
0 ft*SIZ Tolal irrf>ervious-Buiidings 35 SIZ Total impervious-Olhar 16 0 7/1/2021
£10/20/2022Joshua A. Swanson
DateSignaturePrinted Name
otter Tail County
OTTERT^L Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
praper.,Address 5Q131 Flsli Lake Road PM
Square Peeiage of Lot
>teres X43.S60
Properly Area (from CIS or Survey):teA1.2620 11414Acres
Tolil Area ADowed for BuikMrtgs Alx.20Total Area Allowed for Impervious Surface
A1 X .2$2282.82853.5 A3A2
List ALL propostd strticturs footprint areas List ALL proposed other impervious surfaces
Total Impervious SurfaceDescriptionDescriptionAreaArea
Total Extstino Impervious*
Other from Pape 1
Total Existing BuiMing
Impervious from Page 1 1478 re 2746ClB1
Total Proposed SuUding Impervious 1478F1ft^
DrIvewayfParliine area(s)Dwelling and Attached Oarage
Total Proposed Impervious* Other G1 2746 ft'PiUo/SidewBikDetached Garage
Total Proposed impervious Surface
FI *01_______________
4224HIfi’fp Retaining watt(s)Shed(s)
Total Proposed PercentImpervious
(HI *A1)xlOO
37.01%re 11LandscapingIMseellaneous
n*Recreational CamfMng Unit
Allowable Area Remaining A2 -1370,5HIft’
Water Oriented Accessory Stntclure Other
2746 fFFI1478 ft’G1Total Impervious-Buildings Total lmpefvious*Other
Percent BuNing Impervious
(FI «A1)x100 12.95%
Allowable Building Area Remaining A3-FI 804.80 ft’
SHORE IMPACT ZONE
37.5 ft (GO Lakes)
50 R (RD LakcsM0(tc(dlral, Urban.Tribulary Rlxer)75 ft (Transllon River) '
too ft (WE Lakes)_____________________________
Choose the Class nLake Classineation Choose the Class
Shore Impact Zorte Area
SI xS2 0S3 fFS20ftAverage lot width In the Shore Impact Zone)
Total Area AHewed for Imp^vious Surface 83x15 S4 0 ft'
List all proposed other ImpervICMJS surfacesList all proposed structure footprint areas
Total Proposed Impervious SurfaceAreaDescriptionAreaDescription
Total Exisling Impervious-
Other (Pg 1)
Total Existing Building
Impervious (Pg 1)00 ft’ft'S6S5
0ft'S8 fFft'PsUo/SidewatkBuild ing(s)Proposed BuiUlrrgs
0S9 fFft'Oeck(s)Proposed Other
Total Impervious Surface S8-»S9 0ft'S10 fFLandscaplng>Relainlng waH(s)
Total SIZ Percent Impervious (S10-^S3)xf00 0.00%ft'fF OrivewayfParking area(s)
fFn'Micelaneous 0Allowable Area Remaining S4-S10 fF
fFfF
0 ft'S8 0 fp Total Impervlous-Olher :gTotal ImpervKMiS'Buildlngs T/IGOZI
10/20/2022Joshua A. Swanson
DateSignaturePrinted Name
£7^: / A . ^ i S\Otter Tail County Land
MtHktn //-r-z-z.Rod Rohifs <rodrohlfs@gmail.com>
Monday, November 7, 2022 3:56 PM
Otter Tail County Land
Variance Application Hearing - Lance Freire
From:
Sent:
To:
Subject:
[You don't often get email from rodrohlfs@gmail.com. Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
To whom it may concern:
I am writing this letter in support of this variance being approved. The building is a beautiful building and very tastefully
done with a minimum disruption of the neighbors!
Both the building and the driveway were completed by licensed contractors that should have been aware of Land and
Resources restrictions for building height and impervious percentages. I believe the Mr. Freier had learned of the
deviation from the regulations after the fact. Mr. Freier, even though he has the ultimate responsibility, should be given
the leniency needed in order to approve this variance.
Respectfully,
Rod Rohifs
1
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 October 2022 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
Sandra Tingelstad, Clerk See Below
Dunn Township
PO Box 347
Pelican Rapids MN 56572
Lance Freier
50131 Fish Lake Rd
Detroit Lakes MN 56501
City Clerk (if located within 2 miles of a city) None
Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaQement@outlook.com2
lU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (Near Perham):
Eagle Lake:
Lida Lakes
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Little Pine & Big Pine:
South Turtle Lake:
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1®’ Ave N, Fergus Falls, MN 56537
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6’*^ St NE, Perham, MN 56573
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member Rod Boyer - 51127 Wymer Lake Rd, Frazee MN 56544
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: October 27, 2022
Extra
BOA Members__
PC Member_____
Envelopes____15
TOTAL NOTICES TO PRINT____29
[ 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 6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepoint.com/sites/LandResources/Sh
Affidavit (56-786) 11-10-22.docx
Buffer Parcels
Parcel No Addr 2Addr 1 Citv St ZiDName 1 Name 2
17000090107000 Le Petomane Properties LLC Horace ND 58047 0014PO Box 14
17000090107005 Beverly K 5kyberg Tst Fargo ND 58109 6500PO Box 6500
17000090107006 Azure Land Co LLC Newport MN 55055 18122104 Hastings Ave 5te 200
17000090107008 Le Petomane Properties LLC Horace ND 58047 0014PO Box 14
17000090107009 Le Petomane Properties LLC Horace ND 58047 0014PO Box 14
17000090107010 David & 5 Hendrickson Tst Eagan MN 55123 1631570 Prairie Or E
17000990965000 Le Petomane Properties LLC Horace ND 58047 0014PO Box 14
17000990966000 Le Petomane Properties LLC Horace ND 58047 0014PO Box 14
Hoffman Estates IL 60192 464717000990967000 William & Patricia H 5wanson 5857 Burr Oak Dr
17000990968000 Lepetomane Properties LLC West Fargo ND 58078 0655PO Box 655
17000990969000 Duane Bernhardson Grand Forks ND 58201 37341500 40th 5t S
17000990970000 David & 5 Hendrickson Tst Eagan MN 55123 1631570 Prairie Cir E
17000990973000 Lepetomane Properties LLC PO Box 14 Horace ND 58047 0014
17000990974000 Lepetomane Properties LLC Horace ND 58047 0014PO Box 14
17000990976000 Le Petomane Properties LLC Horace ND 58047 0014PO Box 14
17000990977000 Rodney W Rohifs Rev Liv Tst 50135 Fish Lake Rd Detroit Lakes MN 565019403
17000990978000 4694 32nd St 5 Fargo ND 58104 5782Lance T Freier Living Tst
Harvey 1 & Bonnie J Gilbertson 50125 Fish Lake Rd Detroit Lakes MN 56501 017000990979000
17000990980001 Charles H & Elaine M Funfar 4293 Coventry Dr 5 Fargo ND 58104 4252
17000990980002 Olstad Tst Valley City ND 58072 2724414 8th Ave NW
17000990980003 Beverly K Skyberg Tst Fargo ND 58109 6500PO Box 6500
17000990981000 Jean P Altenbernd Rev Liv Tst Attn; Dan Altenbernd Moorhead MN 56560 55563619 Rivershore Dr
17000990982000 Jean P Altenbernd Rev Liv Tst Attn; Dan Altenbernd Moorhead MN 56560 55563619 Rivershore Dr
Tuesday. October 25. 2022 Page 1 of 2
Parcel No Name 1 Addr 1 Addr 2Name 2 Citv St ZiD
17000990983000 Dana Olson Detroit Lakes MN 56501 944950079 Fish Lake Rd
Dana Olson17000990984000 50079 Fish Lake Rd Detroit Lakes MN 56501 9449
17000991786000 Beverly K Skyberg Tst PO Box 6500 Fargo ND 58109 6500
17000991787000 To The Public 00
17000991805000 Dana Olson Detroit Lakes MN 56501 944950079 Fish Lake Rd
17000991806000 Jean P Altenbernd Rev Liv Tst Attn: Dan Altenbernd 3619 Rivershore Dr Moorhead MN 56560 5556
Charles H & Elaine M Funfar17000991807000 Fargo ND 58104 42524293 Coventry Dr 5
17000991808000 Olstad Tst 414 8th Ave NW Valley City ND 58072 2724
17000991809000 Harvey i & Bonnie J Giibertson 50125 Fish Lake Rd Detroit Lakes MN 56501 0
17000991810000 Lance T Freier Living Tst 4694 32nd St S Fargo ND 58104 5782
17000991811000 Rodney W Rohifs Rev Liv Tst 50135 Fish Lake Rd Detroit Lakes MN 56501 9403
17000991812000 To The Public 00
Tuesday, October 25. 2022 Page 2 of 2
Buffer Mail
Address i Address 2 City, State, ZipName
Azure Land Co LLC 2104 Hastings Ave Ste 200 Newport MN 55055 1812
Duane Bernhardson 1500 40th St S Grand Forks ND 58201 3734
Beverly K Skyberg Tst PO Box 6500 Fargo ND 58109 6500
David & S Hendrickson Tst 570 Prairie Cir E Eagan MN 55123 1631
Charles H & Elaine M Funfar 4293 Coventry Dr S Fargo ND 58104 4252
Harvey I & Bonnie J Gilbertson 50125 Fish Lake Rd Detroit Lakes MN 565010
Jean P Altenbernd Rev Liv Tst 3619 Rivershore Dr Moorhead MN 56560 5556
Lance T Freier Living Tst 4694 32nd St S Fargo ND 58104 5782
Le Petomane Properties LLC PO Box 14 Horace ND 58047 0014
Lepetomane Properties LLC PO Box 655 West Fargo ND 58078 0655
Lepetomane Properties LLC PO Box 14 Horace ND 58047 0014
Dana Olson 50079 Fish Lake Rd Detroit Lakes MN 56501 9449
Olstad Tst 414 8th Ave NW Valley City ND 58072 2724
Rodney W Rohifs Rev Liv Tst 50135 Fish Lake Rd Detroit Lakes MN 56501 9403
William 8i Patricia H Swanson 5857 Burr Oak Dr Hoffman Estates IL 60192 4647
Tuesday, October 25, 2022 Page 1 of 1
VARIANCE REQUEST CHECKLIST
While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required by
Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request against the
following 5 criteria. All five criteria must be answered in the affirmative for the variance to be granted.
As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the following
criteria:
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, we feel very comfortable with the vertical separation proposed from the current and future lake
levels due to the controlled pumping now in place. The lowest level foundation wall will utilize standard
construction/waterproofing practices and typically will include a sump pit/ pump system for added
insurance.
1.
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, we feel it is a very reasonable request that does not adversely affect other adjacent properties in the
area.
2.
Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior
landowners? (The board shall consider what circumstances are unique to the property, such as iot size, lot configuration,
wetiand, steep siope, shore impact zone, biuff, 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?)
The circumstances are unique to Little McDonald Lake, which was historically at a much lower water elevation
and now should be able to lower/ maintain a consistent lake elevation.
3.
Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for
the record why the request does or does not maintain the character of the area. Is this request similar to what others have,
what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
Yes, the proposed home will be very similar in height & elevation to other adjacent properties.
4.
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 considerabie
more does not constitute a practical difficulty).
The request allows for a lower level in the proposed home while keeping the main level garage near the
existing road elevation.
5.
15Feb2019 CWL
In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management Ordinance allows the
Board of Adjustment the option to consider the following while deciding on a variance request:
1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area.
A similar variance was approved on 6/9/22 for a property on the same lake. Reference variance #1278160.
2. Whether existing sewage treatment systems on the property need upgrading before additional development is
approved.
Existing septic is compliant per email from Kyle Westergard on 10/6/22. The system will be upgraded and/or
expanded to accommodate the new residence.
3. Whether granting the variance will be contrary to the public interest or damaging to the rights or other persons or to
property values in the neighborhood.
The proposed home will be very similar in height & elevation to other adjacent properties.
4. No variance will be granted simply because there are no objections or because those who do not object outnumber
those who do.
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.
15Feb2019 CWL