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HomeMy WebLinkAbout17000991824000_Variances_07-09-2020(0=0: 1242296Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED ON 08/11/2020 01:13 PM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N RECEIVED K JUN 1 8 2020 '^-■SLAND& RESOURCE [•-“ o:, to - Oj HL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUIMT7 RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTCR Tflil Application Fee Receipt Number Accepted by Date Property Owner Name Jim & Sherry Heyer Address 51306 Pelican Point Drive City Detroit Lakes state Minnesota Zip 56501 Daytime Phone 701 -261 -1215 or 701 -866-7731 Email jim@heyer-eng.com Parcel Information Lake No Lake Name Lake Class QQ56-786 Pelican Lake Parcel Number(s)17000991940000 Parcel Number(s)V~1 > DunnTownship Name Section Legal Description Section: 04 Township: 137, Range: 042 l-ur IVq\V-\ of PdiviE uY\v- 6\Vvl cf hY!,f Min. Physical Address 51306 Pelican Point Drive, Detroit Lakes, MN 56501 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback □ □□Structure Size SubdivisionSewage System □0ClusterWECSMiscellaneous Version Date: 05/04/2020 1 ? SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAL COUNTY ORDINANCE(S) FROM WHICH THE VAIANCE REQIEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: Shoroland Management Ordinance SECTION OF ORDINANCE: SeCtion IV. 8, (B)(1) We are requesting a variance from the required 25% impervious coverage to accommodate an attached garage and new sun room. The existing impervious percentage sits at 33.17 and with the proposed additions we will be reducing to 30.93 The project will include a pervious driveway and pervious walkway from garage to the house. Please see attached drawings for supplemental information I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. APPLICATIONS ACCEPTED BY EMAIL ONLY DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION. EMAIL ALL REQUIRED DOCUMENTATION LISTED ON THE APPLICATION CHECKLIST TO BOAOCO.OTTERTAIL.MN.US PERMIT FEES MUST BE MAILED IN AND RECEIVED BY NOON ON THF DFADLINE DATE. PLEASE NOTE ON THE CHECK WHAT APPLICATION THE CHECK IS FOR. ______________________ mSIGNATURE OflWmPERTV OWNEitfAGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time Motion Jim & Sherry Heyer - V.nriance Application Denied (9:07 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Michael Donoho are carried by roll call vote to deny the variance request. The board indicated that they have the ability to reduce the impervious surface coverage to 25%. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. d&o Ccc Chaj/man/Otter Tail County Board of Adjustment Permlt(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR 3 L&R Official/Date Version Date: 05/04/2020 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflil OOHtTT ■(••ttOTt 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:Jim & Sherry Heyer Address/Parcel No. 51306 Pelican Point Drive / 17000991940000 & 17000991824000 Requested Variance: We are requesting a variance from the required 25% impervious coverage to accommodate an attached garaRe and new sunroom. The existing impervious percentage sits at 33.17 and with the proposed additions we will be reducing to 30.93. The project will include a pervious driveway and pervious walkway from garage to the house. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS U Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: IV. 8. 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 following practical difficulty: Want to live here year-round - Trying to reduce the lot coverage and use permeable pavers. 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: The proposed impervious surface coverage is over 25%. 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). □ Yes, the property owner is proposing to use the property in a reasonable manner... X No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: There are no similar structures and land uses in the neighborhood. 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?) U 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: 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) □ 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; 5. Does the need for the variance involve more than just economic considerations? (The board shail 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.... X No, the issuance of the variance is only for economic considerations... ...because: XThe Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: July 9, 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. Jason & Maira Huber - Continued Roll call vote as follows; Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newville X Douglas Larson Michael Donoho X X Terry Marthaler Bruce Stone - PC Member X X Jim «& Sherry Heyer - Variance Application Denied (9:07 p.m.) Jim & Sherry Heyer, Lot 1 Blk 1 of Heyers Addition Pelican Point and Lot 12 Blk 1 of Pelican Point First Addition, Pelican Lake (56- 786), Dunn Township request the following: We are requesting a variance from the required 25% impervious coverage to accommodate an attached garage and new sunroom. The existing impervious percentage sits at 33.17 and with the proposed additions we will be reducing to 30.93. The project will include a pervious driveway and pervious walkway from garage to the house. Jim Heyer, property owner and Chris Hawley, Architect represented the variance application. The audience was polled with Dorothy Bradley, Attorney who has been retained by Jim & Jean Paulsen spoke against the variance request indicating that the Paulsen’s object to the proposed attached garage and the impervious surface on the property. Jim Paulsen also spoke and indicated that he is concerned that this is a 2"“* story addition and he will have no afternoon sun. He also Indicated that these are narrow lots. After consideration and discussion, Douglas Larson made a motion, seconded by Michael Donoho are carried by roll call vote to deny the variance request. The board indicated that they have the ability to reduce the impervious surface coverage to 25%. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s fmding 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 as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newwille X Douglas Larson Michael Donoho X X Terry Marthaler Bruce Stone - PC Member X X Matthew & Theresa Halverson - Variance Application Approved (9:26 p.m.) Matthew & Theresa Halverson, Lot 3 of North Star Beach, Lizzie Lake (56-760), Dunn Township request the following: This is a request in order for the existing storage shed in its present location to be replaced with a larger storage shed in the same location being 5’ from the RROW. Required setback is 20’. A variance was granted in 1999 for the existing storage shed for the distance from the required ROW. Matthew & Theresa Halverson, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried by roll call vote to approve the variance to replace the storage structure being 5’ from the road right of way. This decision is also 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. Board of Adjustment July 9, 2020 Page I 10 STAFF REPORT Jim & Sherry HeyerAPPLICANT: We are requesting a variance from the required 25% impervious coverage to accommodate an attached garage and new sun room. The existing impervious percentage sits at 33.17 and with the proposed additions we will be reducing to 30.93. The project will include a pervious driveway and pervious walkway from garage to the house. Please see attached drawings for supplemental information. APPLICATION: LOCATION:51306 Pelican Point Drive, Detroit Lakes, MN 56501 17000991940000 LAKE NAME/NUMBER/CLASS: Pelican, 56-786, GD STAFF WHO COMPLETED REPORT: Chris LeClair 51306 PEUCWJ POPfT OR Sh-','. see-.:- -esLl'i S1306 Staff Recommendation: Either approve or deny, if a motion is made to approve the application, staff recommends the following conditions be included: 1. ;-V Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION IV, 8, B, 1 Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square ft. Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. 0 ;■ •o 5. 1. ' t 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: Jim & Sherry Heyer 51306 Pelican Point Dr. 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 9, 2020 at 8:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No. -17000991940000 & 17000991824000 Lot 1 BIk 1 - Heyers Addition Pelican Point Lot 12 BIk 1 - Pelican Point First Addition Section 4, Township 137, Range 42 Township Name - Dunn Pelican (56-786), General Development (GD) 51306 Pelican Point Dr., Detroit Lakes MN 56501 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following: We are requesting a variance from the required 25% impervious coverage to accommodate an attached garage and new sunroom. The existing impervious percentage sits at 33.17 and with the proposed additions we will be reducing to 30.93. The project will include a pervious driveway and pervious walkway from garage to the house. June 25, 2020 Amy Busko Board of Adjustment Secretary ottertailcountymn.us218-998-8095 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER CT-^4'nr.^-it-ir T 1* 1(441 133 iOl j I 3ZQ3SIT1 1i'U3iT®*n^3 *yy-q-grtAa Clc«ivi240 !JI !1449j ST-KT Ofor 419i I I I1 I 1..^iZX / / *?«»t 2<-<r T-la, aer. J'o lOl 3Z03S oOdooow5®d oao,oo. H Ri'I Tg-ffgTBACT ii240!J ‘^•nisr i »«7|gcIft^?Ct4^ii c‘-t I i I !1 27-Cr J 2S* - S^^CE;?0«E' ^orsjg. /.2a 4370ff crtM. ^'isr dLoo OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25*^ day of June, 2020 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 Jim & Sherry Heyer 51306 Pelican Point Dr. Detroit Lakes MN 56501 Douglas Winter, Clerk Dunn Township 50053 Fish Lake Rd Detroit Lakes MN 56501 Pelican Lake Association Pelican Lake Imp Dist (Same address as Below) 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 (Near Perham): Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine: Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: Otter Tail County COLA, 4302 13*'’ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537 E Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 lU Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 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: Bruce Stone, 45302 Plentywood Rd, Perham MN 56573 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: June 25, 2020 Extra 7 BOA Members__5 PC Member Envelopes _ TOTAL NOTICES TO PRINT___« m Added to Agenda Map H Print out Findings of Fact Sheet Newspapers__FFDJ & PR Press___ Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:28Amy Busko l:\BOAUuly BOA\Heyer, Jim Affidavit (56-786) 07-09-20.doc] Buffer Parcels Addr 2 City St ZiD Fargo ND 58107 1147 Parcel No Addr 1Name 1 17000040062000 Douglas J Burgum Name 2 PO Box 1147 Vacaville CA 95688 444317000040062022 Horace T Whitman Tstee Et Al 280 Peach Tree Ave Fargo ND 58102 477117000040062030 Burgum Family LLC Et Al 210 Broadway Ste 301 Arthur ND 58006 0145PO Box 14517000040062034Brooks Burgum Fargo ND 58104 62243374 Maplewood Ct17000040062035 Diederich Lake Properties Attn Paul Diederich Fargo ND 58104 62243374 Maplewood Ct17000040062036 Diederich Lake Properties Attn Paul Diederich Vacaville CA 95688 444317000990890000 Whitman Family Tst Attn Horace Whitman Et Al Tst 280 Peach Tree Ave Fargo ND 58104 46243803 50th Ave S17000991824000 James M & Sherry A Heyer West Fargo ND 58078 134617000991825000 Krjb LLC 2138 Main Ave W Kansas City MO 64113 184817000991826000 James 8i Jean Paulsen 62166th TerrW Fargo ND 58103 38071418 20th St S17000991827000 Martin R Aas Fargo ND 58103 507717000991901000Kevin Johnson 2921 28th Ave S Fargo ND 58102 43581222 4th Ave N Apt 12417000991929000 James P Sweeney Fargo ND 58102 43581222 4th Ave N Apt 12417000991930000James P Sweeney Saint Paul MN 55164 4142PO Box 6414217000991931000 Us Bank Co Tstee Darrol & Donna SchroederTst Englewood CO 80111361617000991932000 Thomas Gash & K Smith Tst 4960 Fulton St S Dayton MN 55327 590217000991933000 Spichke Lake Prop LLC 14190 Kingsview Ln N Detroit Lakes MN 56501 9401Brent D & Doreen F Grunewald 51366 Pelican Point Dr17000991934000 Hawley MN 56549 0391PO Box 39117000991935000 Mark R & Susan L Sellin West Fargo ND 58078 134617000991936000 Krjb LLC 2138 Main Ave W Fergus Falls MN 56537 734117000991937000 Cb Properties LLC 20453 Oakwood Dr Kansas City MO 64113 184817000991938000 James R Paulsen Tst 621 66th Ter W Kansas City MO 64113 184817000991939000 James & Jean Paulsen 62166th TerrW Page 1 of 2Thursday. June 25. 2020 Addr 2Parcel No Addr 1 Citv St Zip Fargo ND 58104 4624 Name 1 Name 2 17000991940000 James M & Sherry A Heyer 3803 50th Ave S - 17000991941000 Martin RAas 1418 20th St S Fargo ND 58103 3807 1601 9th St S Fargo ND 58103 411817000991942000 Bertel Family Prop Ptnrshp Detroit Lakes MN 56501 719117000991943000 Shirley Doherty Linn 1376 Long Lake Dr West Fargo ND 58078 435317000991944000 Christopher J & Amy M Holstad 1820 7th St E 17000991945000 Beverly Wirth 2213 8th St N Fargo ND 58102 5019 Glenview IL 60025 176417000991946000 James D & Margit J Kegel 1753 Jefferson Ave Kevin Johnson 2921 28th Ave S Fargo ND 58103 507717000991947000 17000991948000 Carmon P & Carole Lynnes 9365 Southwind Ln E Scottsdale AZ 85262 2303 Gold Canyon AZ 85118 172717000991949000 Chellew Fam 1st 7435 Golden Eagle Cir E 17000991950000 Dale M 8t Kelly E Kadlec 6160 16th St S Fargo ND 58104 7224 17000991951000 John P Flaley & Anne K Haley 51174 Pelican Point Dr Detroit Lakes MN 56501 9410 17000991968000 John P Haley & Anne K Haley Detroit Lakes MN 56501 941051174 Pelican Point Dr Gold Canyon AZ 85118 172717000991969000 Chellew Fam Tst 7435 Golden Eagle Cir E Scottsdale AZ 85262 230317000991970000 Carmon P & Carole Lynnes 9365 Southwind Ln E Paee 2 of 2Thursdav. June 25. 2020 Buffer Mail City, State, Zip Fargo ND 58103 3807 Address i Address 2Name Martin R Aas 1418 20th St S Fargo ND 58103 4118Bertel Family Prop Ptnrshp 1601 9th St S Fargo ND 58102 4771Burgum Family LLC Et Al 210 Broadway Ste 301 Arthur ND 58006 0145Brooks Burgum PO Box 145 Fargo ND 58107 1147Douglas J Burgum PO Box 1147 Fergus Falls MN 56537 7341Cb Properties LLC 20453 Oakwood Dr Gold Canyon AZ 85118 1727Chellew Fam Tst 7435 Golden Eagle Cir E Fargo ND 58104 6224Diederich Lake Properties 3374 Maplewood Ct Detroit Lakes MN 56501 9401Brent D & Doreen F Grunewald 51366 Pelican Point Dr Fargo ND 58104 4624James M & Sherry A Heyer 3803 50th Ave S West Fargo ND 58078 4353Christopher J & Amy M Holstad 1820 7th St E Vacaville CA 95688 4443Horace T Whitman Tstee Et Al 280 Peach Tree Ave Kansas City MO 64113 1848James R Paulsen Tst 621 66th Ter W Detroit Lakes MN 56501 9410John P Haley & Anne K Haley 51174 Pelican Point Dr Fargo ND 58103 5077Kevin Johnson 2921 28th Ave S Fargo ND 58104 7224Dale M & Kelly E Kadlec 6160 16th St S Glenview IL 60025 1764James D 8i Margit J Kegel 1753 Jefferson Ave West Fargo ND 58078 1346Krjb LLC 2138 Main Ave W Detroit Lakes MN 56501 7191Shirley Doherty Linn 1376 Long Lake Dr Scottsdale AZ 85262 2303. Carmon P & Carole Lynnes 9365 Southwind Ln E Page 1 of 2Thursday, June 25, 2020 City, State, ZipAddress i Address 2Name James & Jean Paulsen 621 66th Terr W Kansas City MO 64113 1848 Mark R & Susan L Sellin Hawley MN 56549 0391PO Box 391 Spichke Lake Prop LLC 14190 Kingsview Ln N Dayton MN 55327 5902 James P Sweeney 1222 4th Ave N Apt 124 Fargo ND 58102 4358 Thomas Gash & K Smith Tst 4960 Fulton St S Englewood CO 80111 3616 Us Bank Co Tstee Saint Paul MN 55164 4142PO Box 64142 Whitman Family Tst 280 Peach Tree Ave Vacaville CA 95688 4443 Beverly Wirth 2213 8th St N Fargo ND 58102 5019 Thursday, June 25, 2020 Page 2 of 2 Cline Jensen p.a. . r I. f Attorneys at Law received JUL 0 9 2020 >AfvJO i RESOURCE (Uky ]\\JL Cuf^ of4-^ July 2, 2020 Otter Tail County Land & Resource Management Board of Adjustment Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 Re: Variance request submitted by James Heyer and Sherry Heyer, for property located at 51306 Pelican Point Drive, Detroit Lakes, Minnesota To the Board of Adjustment: My name is Dorothy Bradley and 1 am an attorney with the law firm of CLINE JENSEN P.A. Jim Paulsen and his sister .lean Paulsen have retained our law firm to offer an objection to the Application for a Variance submitted by James and Sherry Heyer. The Heyers are requesting a variance from the county ordinance mandating that the total impervious surface coverage of lots within the Shoreland Impact Zone must not exceed 25% of the lot area. The Heyers’ request is scheduled to be heard at 8:00 p.m. at the July 9, 2020 Board of Adjustment meeting. Jim Paulsen and his sister Jean are the owners of Lot Eleven, Block One, of Pelican Point Addition, directly adjacent to the Heyer property (Lot Twelve). Their father. John Q. Paulsen purchased Lot Eleven in the early 1990's. For the last thirty years, the Paulsens have enjoyed their time at the family cabin on Pelican Lake. Approximately five years ago, Jim and his wife purchased Lot Ten, next door to Jim’s father. In 2016, John, gifted Lot Eleven to Jim and Jean. Our clients have a friendly relationship with the Heyers and have found them to be good neighbors. Jim and Jean appreciate that the Heyer family, too, enjoys spending time at Pelican Lake. With that said, the Paulsens are concerned with the Heyers’ proposal to add an attached garage and sunroom to their lake house. Lots Ten, Eleven and Twelve are narrow lots and are better suited to small summer cabins of y estery ear, than to the large modem lake homes of today. The Heyers’ existing lake home, constructed by them in 2008, is already much larger than the surrounding cabins on Pelican Point Drive. According to the current and proposed site plans PH 218-998-4088 FX 218-998-4087 dbradley@clinelawyers.com www.clinelawyers.com CLINE JENSEN P.A 125 S. Mill Street Fergus Falls, MN 56537 <>DOROTHY BRADLEY Offices in Fergus Falls, Underwood, Battle Lake and Rothsay | Weekly Office Hours in Dalton submitted by the Heyers, their existing lake house is 2,612 square feet with an additional 1,200 square feet of patio and decking. Their proposed plan will add an additional 1,418 square feet to the existing footprint of the lake home, resulting in a structure with attached decking and patios that is over 5,000 square feet. In their variance application, the Heyers acknowledge that the footprint of their existing lake home and other structures, sidewalks and walkways cover 33.17% of the property with impervious surface, which is approximately 8% more than is allowed by existing county ordinance. The Heyers highlight the fact that by removing their existing garage/guest house and removing some of the sidewalk running between the lake home and the detached garage, they will reduce the ratio of pervious to impervious surface on their lot to approximately 30.93% and will only be 6% over the ratio allowed by county ordinance. However, the current garage/guesthouse is detached and separated from the lake house by approximately 100 feet. Allowing an attached garage and sunroom connected to the main lake house will concentrate the impervious surface to the front half of the lot and result in a solid area of impervious surface exceeding 5,000 square feet. Considering the narrowness of the lots, the Paulsens are rightly concerned about the effect the addition to the lake house will have on drainage and runoff and the resulting impact to their property. (See attached GIS map from 2019, which depicts the size of the Heyer lake home and its close proximity to the boundary line between Lot Twelve and Lot Eleven.) In addition, the bulk size of the resulting structure will further obstruct the Paulsens’ view, as well as hamper their current exposure to afternoon and evening sunlight. Pursuant to the Otter Tail County Ordinance, “variances shall only be permitted when they are in harmony with the general purposes and intent of the Ordinance”. An applicant must establish that there are practical difficulties in complying with the ordinance, meaning that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance or the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. In this instance, the Heyers have no plight. They currently have a large lake home with a detached garage. If there would be a physical reason for an attached garage, there is no reason that the garage needs to be as large as the one proposed, nor is there any reason that an existing deck would need to be turned into a sunroom. Furthermore, the board must consider whether granting the variance will be contrary' to the public interest or damaging to the rights of other persons or to property values in the neighborhood. Here the proposed addition will alter the essential character of the locality resulting in a massive impervious structure potentially creating issues for neighboring landowners and certainly hampering what they can do on their own properties. There simply is no hardship or reason that the Heyers could not conform to the existing 25% rule for pervious to impervious services by reducing the size of the proposed addition and or eliminating the areas of their lot covered by impervious surfaces. My client Jim Paulsen and 1 will be joining the virtual meeting on July 9, 2020 and request an opportunity to discuss this matter with the Board of Adjustors. Thank you for your time and attention to this matter. Very truly yours, /s/Dorothy P. Bradley Dorothy P. Bradley dbradley@clinelawyers. com DPB/hns Enclosures 2i'<r I r ~D~Iir’M I i BtSTHotor,5 I22038I!asbvG !iI .I? I L-, ^’^36sf n a«rf«bC«f< 2<ry 75‘-(rSET6AQ; cl __J\ ■f I%Hf /55'-i(r OfQf It I (I't>/iiI 277*S3. !3or-iii!fi- 1 EiSim mmGARAGE: BOATHOUSE: EXBHNG APPROACH: PAUDS. DECKS, A WALKS: LANDSCAPE BDGM5: TOTAL EXEr.fttiWDUS: L0TSC& EXETNG Oftlvsg^ I 9.6l2Sf 'JS3SF I44SF!SSfSF 9^Sf >asF ^■^tSF ^ISSF 33.17% 179'-^-73'-#2<'-(r Ti /Or ~o'a«rwG^fJHOUSF I ioter.AAro ■ W'2* if 1T3?/•>ior//22,038 Ocor. iv,. Pi ^‘^^‘VXS3SF ooo oo o^§®D o a ocro,oTJ a*7«o1 1Io<>*2i omJ^TOcr0?ifry^^seiBACn ft —t J,8/J IOSJl/f F3Q%9 flfSTMg fAro '-SCSf 1 27; ifMi49pi:, "Ov ■' 2«. ^ , I55'-i(rt TffjrsntACjt—*, .//40 95 yc 'P AT ©--O/lf /o *o 27y-lliH62irAr' 3oi'-ioX^- //o: 5 >./l|u#A%a:p^ h Q ^*.003 <4f 0(®5Ng 'I ^Ai/ro«S3X H0l«E; SUNROOMADOfflDN: 246 SF GARAGEADDffDN: U72SF BOATHOUSE; 144 SF EXBTNG APPROACH: 589 SF NEWOfil^AY; 771 SF RAIDS, DECKS, & WALKS; U74 SFLANDSCAPE HX5KG: /^■^^2SF ■-7 lorsee- 'WflSfvous '<2if®2D18; 3.S70SF ^■3ISSF 30.93% Site ^°vbtag^