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Home My WebLink About17000991355000_Variances_05-13-2021Date Stamp 1258693 ^ RECEIVED “K APR 2 0 2021 t JnD & RESOUBCl LYNN R LARSOH OTTER TAIL COUNTY RECORC-ER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED OH 05/20/2021 01:33 PM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: H X ■r—• mimimm i;;o initial THE ABOVE SPACE IS RESERVED EOR THE COUNTY RECORDER. APPUCATION FOR VARIANCE9jCOUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTCR Tllll Application Fee 1 Receipt Number .903^ I -) O Accepted by Date Property Owner Name O^d. __lUiSi;_Al/C c5£_________Address aty State mzip Daytime Phone 7nl-a3?-qQ^| 3-iqnerfe UiM -imil-UctEmail Parcel Information Lake No Lake Name Lake ClassLazie mDkIBXD 760 Parcel Number(s)noopg^nzanr/jParcel Number(s)l10/yYHgiRR'»TQCf: aiPlAllQ 'TownsiVip 137-'Rai'W^''64Q Sunseir Adcjn -Lizzie: Let ^ '6i-KhsVAC'RD AOCT Lj-fe Sanseiz Beach Acidic v'4/.-ftP/4Dz____________________ H~7^5~4 5Ltnse±:-BeacL Lane . Pelrcan Rapids, MM 5^57^ TYPE OF VARIANCE REQUESTED (Please Check) Township Name Section Legal Description Physical Address w □Structure Setback □□Structure Size SubdivisionSewage System w□□Ouster MiscellaneousWECS Version Date: 044)7/2020 ■P^^er iijz ^on SPECtFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBUC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: H :::3i I SECTION OF ORDINANCE: TTT UA Ti i ' ^ THct late side root (7/Qd -^le 5^^niUure/hor^ e^cMs h^yxi Uit St^ccW ‘ohvtid^Qoc^^ We n^isi? ic> irepdiir'i>iref^cti^e Jv) 3(idiiio‘/), rtc^esi to increast ^ dect-pTojedicw jfrot^ tMd hou5t U/3ll \qu ^ -Pee^. Thi^*' f^i-fic3^hi'(y) Will alloi/ secCiid ^ioidjcleck-Phor-ieti^n^ I iDof betlie Same pi^ecfioi/i'from Hie ut/d bt 3ia-fedt-fVoi^ Hie. ■ if]o cJos^-eiian curK<^f ^ iJe also newest-bo 3n atfc^cited pe^jeover- fc ^xisiivj3cancrebe. psHjO, lUls is afe fr<3ry) tht ordinHi^ >S »TC o/^; CurKmfc \]Mpra/cmt\Pii5 ^il '/noeDSd <^ur mpen/ious 3ur^cc 5H S^^xctrefed-in th^ShOre tmpdcf ZOP-<L,S i3Zli> PfupOo^cL isnc| II 1 UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS^THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. I APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing U ooptyjTime Motion Sara Aigner & Nicole Rostad Holdman - Variance Application Approved as Requested (6:47 p.m.) After consideration and discussion, Terry Marthaler made a motion, seconded by Brent Frazier and carried by roll call vote to approve the variance request to repair and replace the existing deck and increase it by 2 feet to allow the second story deck floor & existing roofline to be the same projection from the house which will be located 32 feet from the ordinary high water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. i r f1 Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note; If Yes, contact Land & Resource Management 6HTZ/iWa,i (’)!;>,j|u)Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WVWV.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTERTflll 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:Sara Aigner & Nicole Rostad Holdman Address/Parcel No. 47859 Sunset Beach Land /17000991132000 & 17000991355000 Requested Variance: The lake side roof line of the structure/home extends 2 feet beyond the second story deck floor. We wish to repair & replace the existing deck. In addition, we request to increase the deck projection from the house wall by 2 feet. This modification will allow the second story deck floor & existing roofline to be the same projection from the house. It will be 32 feet from the ordinary high and no closer than the current roofline. We also request to add an attached pergola over the existing lakeside concrete patio. This is also 32 feet from the ordinary high and is no closer than the current roofline. Both improvements will only increase our impervious surface by 54 square feet in the shore impact zone. Existing is 1326, proposed is 1380. Otter Taii County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: III. 4. A. & IV. 8. B.l 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: The Home was built in the 1960's and we want to make improvements/modifications to the structure. The rules require us to get a variance for our project.__________ 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 owner 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: There are similar structures and land uses in the neighborhood with similar setbacks as noted during the Board of Adjustment members onsite visit. 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?) □ 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: This is an existing iot of record with a smaii buiiding enveiope. 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 af 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; 4. There are similar land use patterns and use of property in the vicinity of the request. 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). 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: 5. The addition is a minimum expansion to an existing legal non-conforming structure for personal use. The Otter Tail County Board of Adjustment: APPROVES___X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: May 13, 2021 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. Steve Simonson- Variance Application Approved as Requested (6:38 p.ni.) Steve Simonson, Lots 5 & 6 of Newport Beach, Pelican Lake (56-786) in Dunn Township requested the following: Proposing to construct a storage building on our back lot. The proposed storage building will be located in the road right-of-way of the dedicated public road for the plat of New port Beach. The dedicated public road for the Plat of Newport Beach has never been developed used as a road, nor does the Township claim this road as a road (letter on-file at L&R). The road that is used to access our lots in the Plat of Newport Beach is Newport Beach Road. If you look along Newport Beach Road you will find that there are several structures built in this road right-of-way. Steve Simonson, property owner represented the variance application via Microsoft Teams. The audience was polled w ith no one speaking for or against this application. 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 construct a storage structure on the backlot not meeting the road right of w ay setback. The road right of way for New Port Beach which was created when the plat was created was not built as indicated on the Plat. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. Roll call vote as follows: Board of Adjustment YEA ABSENTNAY ABSTAIN XDarren Newville XThomas Lee XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X Sara Aigner & Nicole Rosfad Holdman - Variance Application Approved as Requested (6:47 p.m.) Sara Aigner & Nicole Rostad Holdman, Sunset Beach Addn - Lizzie, Lot 2 Blk 1 & Vac Rd Adj Life Estate to Sharon B. Rostad and Sunset Beach 2"** Addn, Lot 3 & Vac Rd Adj., Lizzie Lake (56-760) in Dunn Township requested the follow ing: The lake side roof line of the structure/home extends 2 feet beyond the second story deck floor. We wish to repair & replace the existing deck. In addition, we request to increase the deck projection from the house wall by 2 feet. This modification will allow the second story deck floor & existing roofline to be the same projection from the house. It will be 32 feet from the ordinary high and no closer than the current roofline. We also request to add an attached pergola over the existing lakeside concrete patio. This is also 32 feet from the ordinary high and is no closer than the current roofline. Both improvements will only increase our impervious surface by 54 square feet in the shore impact zone. Existing is 1326, proposed is 1380. Sara Aigner property owner represented the variance application via Microsoft Teams. The audience was polled with no one speaking for or against this application. After consideration and discussion, Terry Marthaler made a motion, seconded by Brent Frazier and carried by roll call vote to approve the variance request to repair and replace the existing deck and increase it by 2 feet to allow' the second story deck floor & existing roofline to be the same projection from the house which will be located 32 feet from the ordinary high water level. This decision is 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 with the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment ABSTAINABSENTYEANAY XDarren Newville XThomas Lee XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X Board of Adjustment May 13,2021 Page I 4 STAFF REPORT Sara Aigner & Nicole Rostad HoldmanAPPLICANT: The lake side roof line of the structure/home extends 2 feet beyond the second story deck fioor. We wish to repair & replace the existing deck. In addition, we request to increase the deck projection from the house wall by 2 feet. This modification will allow the second story deck floor & existing roofiine to be the same projection from the house, it will be 32 feet from the ordinary high and no closer than the current roofline. We also request to add an attached pergola over the existing lakeside concrete patio. This is also 32 feet from the ordinary high and is no closer than the current roofline. Both improvements will only increase our impervious surface by 54 square feet in the shore impact zone. Existing is 1326, proposed is 1380. APPLICATION: 47589 Sunset Beach LN, Pelican Rapids, MN 56572 17000991132000,17000991355000LOCATION: LAKE NAME/NUMBER/CLASS: Lizzie Lake, 56076000, Recreational Development STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County vi«Kth« county wabtHe » 478S9 SUNSET BEACH LN X Q. Show s«ych resolti for 47859 m 3 Ft' staff Recommendation: Either approve or den\i. 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 IV, SUBP. 12 D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance with Minnesota Statute 394.36 MINNESOTA STATUTE 394.36 Subd. 4.Nonconformities; certain classes of property. This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. No comments LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falis, 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; Sara Aigner Nicole Rostad Holdman 6185 1715* Ayg SE Walcott ND 58077 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, May 13, 2021 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. 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 remote 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. - 17000991132000 & 17000991355000 Sunset Beach Addn - Lizzie, Lot 2 BIk 1 & Vac Rd Adj Life Estate to Sharon B. Rostad and Sunset Beach 2"'* Addn, Lot 3 & Vac Rd Adj. Section 28, Township 137, Range 42 Township Name - Dunn Lizzie Lake (56-760), Recreational Development (RD) 47859 Sunset Beach Lane, Pelican Rapids MN 56572 Lake Name/Number/Class: Property Address: The variance requested is the following: The lake side roof line of the structure/home extends 2 feet beyond the second story deck floor. We wish to repair & replace the existing deck. In addition, we request to increase the deck projection from the house wall by 2 feet. This modification will allow the second story deck floor & existing roofline to be the same projection from the house. It will be 32 feet from the ordinary high and no closer than the current roofline. We also request to add an attached pergola over the existing lakeside concrete patio. OVER ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 i 'l This is also 32 feet from the ordinary high and is no closer than the current roofline. Both improvements will only increase our impervious surface by 54 square feet in the shore impact zone. Existing is 1326, proposed is 1380. Amy Busko Board of Adjustment Secretary April 29, 2021 SCALE DRAWING FORM Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). Scale I trT iX.--f - i 7^ -70 ' t; 4^0 J 6'«k r•5-1 T,,. 71.1( r 0i.r DC C;oDP 5-ji I ?■ -------34'<r.ftV* w \Jr m'rhL‘- \as'H 1H' «>rS r ■/?"—i -11-09i'■U/ 'V .y, . ..... .4c. I /■i2'^ii1 Wea&omiI3t?Af (tio I T •. I\i/L ik>» — /C^'’ / 1r" f-'"i4..f-----4-i'i 1 I I i DateSignature of Property Owner BK —042016 360,800 • Victor Lundeen Co,, Printers • Fergus Falls. MN • 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify aii existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing ProposedFt^Ft^Ft^Ft^ Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous 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 100+-r X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existingi-i2 Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft 100+-7-X Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft*): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft*Ft*Ft* Ft* no-QDwelling Decl<(s) Attached Garage rjbC5Patio(s) Detached Garage Storage Shed Sidewalk(s)5)0 ■^1.6 Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier)Miscellaneous ^4TOTAL BUILDINGS TOTAL OTHER i -H iJno . • Buildings Impervious Surface Percentage Maximum Allowable 20% Existing TotalProposed Lot Area Impervious Surface Ratio Ft*Ft* Ft*Ft*Total Buildings nn'/•15 100++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* l3i^3C^.5'/-3,39^^100++X s LR Online Permitting Forms 2016; Impervious Surface Calculation Worksheet 04-11-2016 Signature: 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. HSf # 76, Shore Impact Zone ISIZi: Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s) Deck(s)-------,----9^ V -O ■GePatio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping {Plastic Barrier)Miscellaneous TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft2 Ft2 R2 Maximum Allowable 260 Ft^ (^L\1,38 0l,3t^+s I U Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016 Signature:.Date: ■f- 1 I Existing House?M 00mrsi V Repair/Replace Exis ing Deck Relocate stairs nsid 3 foot print. Deck remains l ndeti eixisting roofline.(N to : m m ! (— Pergola over existing concrete slab. iSlV _ 00bo) rv Existing Concrete — Existing Roof/Soffit36'26’ Line 40' .D Him ■'■-l-t P^-- ki -S s |KpLUp ?MW 1 ■- - '•»"1:£,-•-■.- . - •■ •- :;.I?>'T* ■■f-'im i . .TI"T- IW*”-.'?‘-, ^ ' -.11 '&L ■a.t g ■.-!I elm-f »- 'h^ b3„^,"sri lai!1 KSF: w fei■t 3'-- .,% -^.ts ii’hr rr-v.*'■^k s Si.I■:m/': .-5.^■-i**>• •-'X z. • ..r-- 1*» 'i^'^ if m lilSH^IiSIP eliPftgaagiBgasiiia: ■; M'. -> S.fe*',,'4: i.t.'ts''®’ ■*'* 1*' *• ' f ■ \ ?;. . '' V:-t'^<■?*■'. ;-i:'•:Sia^'17 V,..,. ;.^:v.,.,--'.^.' VARIANCE REQUEST CHECKLIST While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required ov Minnesota Statute 394.27, Subp. 7 to determine if a practical difTiculty exists by measuring the variance request against tns 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: 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). oo- nti^hb&rs' i4/ill ildr he Tk atejeS w/il( cuy deckiAo code a 2. Is the property owner proposing to use the property in a reasonabie 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 Yes. Thc-Li/ziD vi/vipj^ve^etois mpm/emeinis^ We Will loav&a decK -tijaf^ and we i//i'll hai/e incre3R^ pVDkdrFon Ty-ovV) itrit. Stuo. 3. Is the need for a variance due to the circumstances unique to the property not created by the iandowner or prior iandowners? (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- |Ve are ii^pjroi^e 3- ^ruchtuT^ Uisil yas builLi'n ^cfd^h^cPii-eic . l^ave clianyd prop er/y was AvaridK WoLud 2\\ow US -to ri/i^pro\/e 'tl/ic propttHnj ^d at/^cxj/iotyrt ^ 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.)Yes - Our neiqHfcor-1:0 Yiie 5o{jAM cxIso lias a Geaxind sioKj Out Uit. noHii ptopoBod cWanae will iMoeaae j (Sick.-exi^iwj lrw^»The pi'<3po5^d ci/iange iw tjic dcck-,3i/icl ati of a pctook Will mhrnpQd our nec^krs. 5. Does the need for the variance involve more than just economrc 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 considerable more does not constitute a practical difficulty). As S'tated pKenousltj)-tlie (Seo^nd ^hcr dedi tioir KYieet TVie addition af an lirUcachcd pttado. ovej^ hhe Will ^rowde. om pr^ed-ioi/;, sfcn cancer rm^j tViourfe^ii| To date, -tear our Pmilu hw hsd Multipk and 'tissue t£Mved as ^ -h^ prc\faHr Ccn^ccr. 15Feb2019 CWL !:’n 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. life u/Kl hot be ^ur i/ieiiji ^ U 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved. TVje Septjc stjstejT) was 2ppi^o\/ecl ii^ April, 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. ??esiclmh u/ill violated -two rGjucdh Uill i/iot propertL^ values ii/i our 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.srantine of variances. A condition must be directiv reiateo lo ana 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 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 29'^' day of April, 2021 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 Douglas Winter, Clerk Dunn Township 50053 Fish Lake Rd Detroit Lakes, MN 56501 Lake Lizzie Association Kim Janecky 23217 Chokecherry Ln Pelican Rapids MN 56572 Sara Aigner Nicole Rostad Holdman 6185 171®* Ave SE Walcott ND 58077 City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald; Devils (Ne^Perham): Little Little Pi Pelic South Turtle Lake: Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 __Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 IIS (iNe^Kernam): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 r>fc|fcnald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 } P^»& Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 z^, FisrtVBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 LU Big Pine: 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 Planning Commission Member: Brent Fraizer 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: April 29, 2021 Extra BOA Members__ PC Member_____ Envelopes____14 TOTAL NOTICES TO PRINT _ |~| Added to Agenda I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press_____ 6Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy: Amy Busko 27 Map https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-760) 05-13-21 .docx Buffer Parcels Addr 2Parcel No Addrl Citv St ZiDName 1 Name 2 Barnesville MN 56514 396717000280353017 Scott R & Alicia L Amundson 80112th St SE Pelican Rapids MN 56572 711717000991110000 Terrence & Becky Schritz 47769 Sunset Beach Ln 17000991111000 Tracy Handt 1222 4th Ave N Apt 206 Fargo ND 58102 4373 Pelican Rapids MN 56572 711717000991112000 Rodney E & Ruth Nesemeier 47791 Sunset Beach Ln West Fargo ND 58078 436517000991113000 Rebecca Ostiund 8i C Carlsrud 727 Northridge Way 17000991114000 Arnold L & Jeanne Kussatz West Fargo ND 58078 34541503 15th Ave E 17000991115000 Tom & Melinda Freier Kindred ND 580510170 Sheyenne St Kindred ND 58051 017000991115001 Tom & Melinda Freier 170 Sheyenne St 17000991118000 William J & Catherine L Yokom Moorhead MN 56560 71392725 40th St S Apt 213 17000991131000 Glori A & Michael W French Pelican Rapids MN 56572 711747849 Sunset Beach Ln 17000991132000 Sharon B Rostad Fargo ND 58104 75803611 Cypress Ln S 17000991133000 Jamie C & Kristi Schreiner 2826 Elm St N Fargo ND 58102 1702 Barnesville MN 56514 396717000991353000 Scott R & Alicia L Amundson 80112th St SE 17000991354000 Jamie C & Kristi Schreiner 2826 Elm St N Fargo ND 58102 1702 17000991355000 Sharon B Rostad 3611 Cypress Ln S Fargo ND 58104 7580 17000991356000 Glori A & Michael W French Pelican Rapids MN 56572 711747849 Sunset Beach Ln 17000991357000 William J & Catherine L Yokom Moorhead MN 56560 71392725 40th St S Apt 213 Kindred ND 58051 017000991358000 Tom & Melinda Freier 170 Sheyenne St 17000991358001 Tom & Melinda Freier 170 Sheyenne St Kindred ND 58051 0 17000991361000 Arnold L & Jeanne Kussatz 1503 15th Ave E West Fargo ND 58078 3454 17000991362000 Rebecca Ostiund & C Carlsrud West Fargo ND 58078 4365727 Northridge Way 17000991363000 Rodney E 8i Ruth Nesemeier 47791 Sunset Beach Ln Pelican Rapids MN 56572 7117 17000991728000 James G & Jane I Stoutland 2220 24th Ave S Fargo ND 58103 5120 Page 1 of 2Tuesday. Aoril 27, 2021 Parcel No Addr2 Citv St Zip Fargo ND 58103 5120 Addr 1Name 1 Name 2 17000991729000 James G & Jane I Stoutland 2220 24th Ave 5 Dilworth MN 56529 153217000991730000 Darin L & Kristen E Edeen 1007 6th Ave NE 17000991731000 Jamie C & Kristi Schreiner 2826 Elm St N Fargo ND 58102 1702 17000991734000 Glori A & Michael W French Pelican Rapids MN 56572 711747849 Sunset Beach Ln 17000991735000 William J & Catherine L Yokom Moorhead MN 56560 71392725 40th St S Apt 213 Kindred ND 58051 430017000991736000 Tom Freier 170 Sheyenne St 17000991737000 Arnold L & Jeanne Kussatz West Fargo ND 58078 34541503 15th Ave E Pelican Rapids MN 56572 711717000991738000 Rodney E & Ruth Nesemeier 47791 Sunset Beach Ln Page 2 of 2Tuesday. April 27. 2021 Buffer Mail Address iName Address 2 City, State, Zip Scott R & Alicia L Amundson 80112th StSE Barnesville MN 56514 3967 Darin L & Kristen E Edeen 1007 6th AveNE Dilworth MN 56529 1532 Tom Freier 170 Sheyenne St Kindred ND 58051 4300 Tom & Melinda Freier 170 Sheyenne St Kindred ND 58051 0 Glori A & Michael W French 47849 Sunset Beach Ln Pelican Rapids MN 56572 7117 Tracy Handt 1222 4th Ave N Apt 206 Fargo ND 58102 4373 Arnold L & Jeanne Kussatz 1503 15th Ave E West Fargo ND 58078 3454 Rodney E & Ruth Nesemeier 47791 Sunset Beach Ln Pelican Rapids MN 56572 7117 Rebecca Ostiund & C Carlsrud 727 Northridge Way West Fargo ND 58078 4365 Sharon B Rostad 3611 Cypress Ln S Fargo ND 58104 7580 Jamie C & Kristi Schreiner 2826 Elm St N Fargo ND 58102 1702 Terrence & Becky Schritz 47769 Sunset Beach Ln Pelican Rapids MN 56572 7117 James G & Jane I Stoutland 2220 24th Ave S Fargo ND 58103 5120 William J & Catherine L Yokom 2725 40th St S Apt 213 Moorhead MN 56560 7139 Tuesday, April 27, 2021 Page 1 of 1 . '>v > No Delinquent taxes and transfer entered. Certificate of Real Estate Value ( ) filed (X) not required. CRV No.: Date: 5/24/2018 WAYNE STEIN, County Auditor/Treasurer by KM, Deputy 17000991355000 17000991132000 1206530 ■: CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/25/2018 09:45 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N DOCUMENT RECORDED ELECTRONICALLY I (! !I ! (Top 3 Inches reserved for recording data) WARRANTY DEED Indlvldual(s) to Individual(s) I DEED TAX DUE: $1.65 iFOR VALUABLE CONSIDERATION, Sharon B. Rostad, a single person, (‘Grantor’), hereby conveys and warrants to Nicole M. Rostad Holdman and Sara B. Mgner (‘Grantee"), as tenants in common, real property in Otter Tail County, Minnesota, legally described as follows: i !t Lot Three (3), SUNSET BEACH SECOND ADDITION, according to the certifled Plat thereof on file and of record In the office of the County Recorder in and for Otter Tail County, Minnesota. 1 AND ; Lot Two (2), Block One (1), SUNSET BEACH ADDITION, according to the certified Plat thereof on file and of record in the office of the County Recorder In and for Otter Tail County, Minnesota, together with vacated road lying adjacent thereto. Reserving unto Sharon B. Rostad a life estate interest in and to all the above described property so that she may continue to receive the rents, profits and income therefrom for as long as she shall live.! COUNTY OF OTTER TAIL STATH OF MINNESOTA Deed Tax; $1.65 Number 2430 Dale: 5/24/2018 WAYNE STEIN, County Auditor/Treasurer by JLS, Deputy Check here if all or part of the described real property is Registered (Torrens) □ together with ail hereditaments and appurtenances belonging thereto. The consideration paid for the transfer of this Property is less than $500. Grantor,Check applicable box: ■ G The Seller certifies that the Seller does not know of any wells on the described real property. G A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed. Insert WDC number [...].) 1^ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Snaron B. Rostad Page1 of 2ECB-1011 Otter Tail County, Minnesota 1206530 1 of 2 ^ s' Page 2 of 2 WARRANTY DEED :State of County of { ;This instrument was acknowledged before me on , by Sharon B. Rostad, a single person. I i(Stamp) ! Rank):IIII IF M nAI7FI I Notary Public.State nf Mnrth fVilffttn My CornrnlssIjSffti^patigKiJu^ 2018 i My commission expires:! : THIS INSTRUMENT WAS DRAFTED BY; Smith & Strege Ltd. 321 Dakota Avenue ;:P.O.Box38 Wahpeton, ND 58074 Ph: 701-642-2668 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Sharon Rostad 4003 Copperfield Court Fargo, ND 58104 I i : !I i : ; Otter Tail County, Minnesota 1206530 2 of 2 1038326 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 1038326 this instrument #____________ was filed/recorded in this office for record on the le infnj mJih 2008 at etcalWen(:oun‘ jIA DeputyI nby:.y/yl/'/rerecording fee 7well certificateM THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER 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; www.co.ottertail.mn.us i\?7o. 00 1^ \5V Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE OIS" 8Lli'-76>D0 ha' A-l~\u\'VYV\C\r\PROPERTY OWNER T E..A U.. PJ’r.. f?.n Jr M 5'A5'72V7^5~? S. iTb-HfO MAILING ADDRESS LAKE NUMBER. SECTION 2^ TOWNSHIP nooo^^ oooiiDon 99 OOP f RbICLAKE CLASSLAKE NAME RANGE 0^2- TOWNSHIP NAME__D_/37 u nry E-911 ADDRESS PARCEL NUMBER 9 Sun<,e i bch Ln . LEGAL DESCRIPTION SecT-28 r Bec^ck LcTl dlK i A^i 7-2S Twf>-lV -C¥2L SunieT Btrticl 2tvOR’-L!xi. 'iC s'^n J c S < C c ;i TYPE OF VARIANCE REQUESTED (Please Check) structure Setback )( Structure Size Misc.ClusterSewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Q (^oi'cA r\ (0-e O-f- vy\ i-'n oV^ U; 1— be-Vv^£j 3lh ^V'orwi-he. QWu;UarA q di\3-von Its ou ir cUoeilv'n^. 'th'e loo I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. H-7-0^C 1 DATEiNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DateATime Of Hearing) F-‘oJ/Date Of Hearing Time / Motion A. Eleanor Hultman - Approved the proposed dwelling addition with a condition and denied the proposed deck addition. (8:03 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Rod Boyer and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 100' for the construction of an addition to an existing dwelling 40' from the ordinary high water level with the condition that no more than 25% of the total allowable lot area can be covered with imperious surfaces and to deny the variance as requested for the proposed deck noting that the proposed deck would be within the shore impact zone, would be ahead of the building line and would obstruct the view from the adjacent property. It was noted that the proposed dwelling addition will be no closer to the ordinary high water level than the existing structure. ----- Ctwman/Otter Tail County Boar^j^f Adjustm^ Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company. Fergus Falls. Minnesota SCALE DRAWING FORM f? nooDW3S50r>nR imdno "(1“ Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. 20ff % Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale .. f. . ! i C*(■ l?oaJA-7* -?d ^ It 0>. ,Vc ^ A 1 -J^9sJ2rGikv ojif rilOOSF 0/f i ' t.f-T/OPP Dt CTail/ “30^ A 5;--------24' S'\ rVl n?'-3L'-Ia 27'- H 2H' ovs tr r- 19', l^OecK \AOf:Ki __ J-LI___—1)■^2'^¥r i 1db>nf U>//ot/5 ^ i IT IAlw \7 . ik\r —/OB'- UKc \ ' ; ^-y-or1TYMi.DateSignature of Property Owner BK — 0207 329,086 • Victor Lund«en Co, Prime's • F«rQus Falls. • 1-600>34&4S70 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2 Vf 4 Ft2 Structure(s): Deck(s): 3Z^_r2Driveway(s): Ft2Patio(s): 6T/9 Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: /3rj2.Ft2LOT AREA: 2M./3 J3Z %X100 = IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA I ibA* 642,?ol APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA /' Kgc. \S.O^Application Fee $ FA€»/chOwner:Phone: Last Name F irst Middle 113.1 Heo FT N RfiiaGo /V/£) Street & No.City State Zip No. SL- lio Li 2 •2.i£ROLake No.Lake Name Lake Class m nupjuH3lSec.Twp.Range Twp. Name Legal Description:Lot No.Block No.Lot * i I ^UHS€r &£*<■** Sub-Division Name: MO. in ooo~ ff- 1131 - gooParcel Number L - T«e -PMcT LeT L\tfe ' 3^' u,n<i J Explain your problem here: tL /\■f ^ 0 h*'S if * ^»-c. (W ii 1 'Hiji OCih tit i*<.A t-f it h.Oti r In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICIANT SHALL BE PRESENT AT THE SCHEDULED HEARING. Signature of Applicant ?- h irApplication dated.19 —DO NOT USE SPACE BELOW— Ociz>b(rr j? Date of hearing Time M. Court House, Fergus Falls, MN. 56537 DEVIATION APPROVED this_____ (OR ATTACHED) REQUIREMENTS: day of_. 19____WITH THE FOLLOWING Office of County Recorder County of Citer Tni! I hereby ceni'y !hii thn wttiin instru ment was tiled in the etiieo 'or record on the_ ADJ9. -iLb cP Vzyiizd 10-3-S5 as no hoAdshlp shown. aA,.—. ■:\.J.Q‘CiS’o'clDrM hi , l:::‘ ■■ ■: h hy . -.iv'iliTlSd as Co..i;y :K:co'aer ^2- ^“3- Signature: Chairman Otter Tail Board of AdjustmentMKL 0483 -001 215601® VtCTOH LUNOCEN CO . PRINTERS, FERCuS <«LLS. i N •■ (rp . -rvr - <4) r •r ■^- r o r 'V r •v'>;C ■•1,l.-•ft