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56000990483000_Variances_10-14-2021
j1276261Date Stamp_,itCcIVED SEP 21 2S2I RESOURCl LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/06/2022 12:38 PM FEE: 46.00l&R Initial ;TWe ABOVE space is reserved for the county recorder in;:APPLICATION FOR VARIANCE"" ' "" '5 COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website; www.ottertailcountymn.us 500.00Application Fee thU- OlZ>COMPLETE THIS APPLICATION IN INK Receipt Number DAYTIME PHONE - Li^ ' S- , Mn. 4^r/y ^ fyia/ !- C RANGE 0‘i'i TOWNSHIP NAME Star E-911 ADDRESS T/i R SiioOOD3C<?24f>Z23 I ) ______ Accepted By / Date PROPERTY OWNER-^ DJn< MAILING ADDRESS g/y>E-MAIL ADDRESS LAKE NUMBER ^^03LAKE NAME ilS LAKE CLASS / CNQ SECTION TOWNSHIP PARCEL NUMBER Lc€>^ /h,fjif LEGAL DESCRIPTIONLo Is S Moy'Hd Shore, rXnc/ pF 6l 3 Vcf/ov-. , i^cx.ny,^) TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size WECS Misc.ClusterSewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. S ho rtLlg n d n a y voen ( ■ SeL-fiDn (j ^ubp M ar^j Src-l-icr) ^ ^ (9 Vcl ir> a A usOTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: VARIANCE REQUEST: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in the SIZ (15%). I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. signature OF PROPBRTYOWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Flearing) OFFICE USE ONLY Ockhti^ Hf lA'i-lDate Of Board of Adjustment Hearing Motion Time Jerald & Diane Butenhoff- Approved Revised Variance as Requested (6:38 p.m.) October 14.2021 - After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the Variance request with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the property owner to revise his proposal to reduce the shore impact zone impervious surface coverage in the shore impact zone. November 18. 2021 - Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the Variance request to April 2022 as indicated in the letter submitted to the Board on October 20, 2021. April 14,2022 - After consideration and discussion, Terry Marthaler.made a motion, seconded by Rick Wilson and carried to approve the revised variance to construct an addition to the dwelling being approximately 30’ from the ordinary high-water level and approve the shore impact zone impervious surface coverage to be at 17.5%. 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 granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. hairman/Otter Tail CouTityBoard of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No ik Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368,804 • Victor Lundeen Co . Printers • Fergus Falls, MN • 1-800-346-4870 'S ^^08375 DOC# 1108375 1108375 Fee: $96.00 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA‘ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ^ ) filed ( Certificate^of Real Estate Value No. Vmy-Wayne Stein. County Auditor F-O’jj^iurol red.Certified, Filed, and/or Recorded: Well Certificate^^) May 04, 2012 9:45 AM ^ Rec'd Wendy L. Metcalf, Recorder (Year)Returned To: NORTHERN TITLE COMPANY By: LLPO BOX 2626 FARGO, ND 58108-2626 Warranty Deed Individuals to Joint Tenants COUNTY OF OTTER TA-state Deed Tax Due Hereon: $884.40 Date;,. 2012 FOR VALUABLE CONSIDERATION, Wendell R. Pederson and Kimberly A. Pederson, aka Kim A, Pederson, husband and wife, Grantors, hereby convey and warrant to Jerald L, Butenhoff and Diane M. Butenhoff, Grantees as Joint Tenants, real property in Otter Tail County, Minnesota, described as follows: Lot 3 of North Shore, according to the certified plat thereof on file and of record in the office of the County Recorder of Otter Tail County, Minnesota AND Lot 4 of North Shore, according to the certified plat thereof on file and of record in the office of the County Recorder of Otter Tail County, Minnesota AND All that part of Government Lot 3, Section 35, Township 135, Range 41, Otter Tail County, Minnesota, described as follows; Commencing at the northwest comer of said Section 35; thence on an assumed bearing of South 88“39'05" East along the north line of said Section 35 a distance of 479,35 feet; thence South 22'’18’38” East a distance of 1254,61 feet; thence North 65°32’44” East a distance of 410,96 feet; thence North 65“49’ir East a distance of 201.34 feet; thence North 51‘’49’11” East a distance of 248.69 feet; thence North 63‘’23’41” East a distance of 494.90 feet to the point of beginning of the land to be described; thence continuing North 63‘’23‘4r East a distance of 139.97 feet; thence South 26®37'19” East a distance of 100.00 feet to the northerly line of the dedicated public road as dedicated in the plat of North Shore, according to the recorded plat thereof; thence South 63'“23'4r West along said northerly line of the dedicated public road, a distance of 139.97 feet to the intersection with a line which bears South 26°37'02” East from the point of beginning; thence North 26‘’37'02" West a distance of 100.00 feet to the point of beginning. AND Lot 5 of North Shore, according to the certified plat thereof on file and of record in the office of the County Recorder of Otter Tail County, Minnesota Together with atl hereditaments and appurtenances belonging thereto. Seller certifies that; 0 Seller does not know of any wells on the above described property (X) A well disclosure accompanies this document 0 The status and number of wells on the above described property has not changed since the last well disclosure filed Wendell R. Pederson . .Iq/Uj , Kimberly A. Pedersori STATE OF MINNESOTA ) This document was acknowledged before me on Wendell R. Pederson and Kimberly A. Pederson, aka Kim A. Pederson, husband and wife, Grantors. COUNTY OF ^/ao ,, 2012 by WENDY JUNE RIPLEY NOTAIIY PUBU04DW1E80TA My Conmriaston Expires January 31. 2016 Property Tax Statements should be sent to; Jerald L. Butenhoff Diane M. Butenhoff 10449 140*^ Ave. South Barnesville, MN 56514 This document was drafted by; Century 21 Vista 405 W. Lincoln Ave. Fergus Falls, MN 56537 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TRIl 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:Jerald & Diane Butenhoff Address/Parcel No. 32428 Trumpeter Loop / 56000990483000, 56000990482000 & 56000350262011 Requested Variance: ProposinR an addition to dwelling approximately 30 feet from the OHWL. the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sg ft. the total allowed is 3150 sq ft in the SIZ (15%). Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4. and 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 following practical difficulty: The lot is a substandard lot and after being tabled we have moved our driveway to decrease the imperious surface in the shore impact zone. If this project is approved we will have to move our well. Otter Tail County Board of Adjustment-Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The Land Use Ordinance allows property owners to develop and improve their property. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The proposed additions to the dwelling will have no further encroachment to Dead Lake. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: This is an existing lot of record with a small building envelope. 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.) X Yes, the issuance of the variance wiil maintain the essentiai character of the locaiity.... □ No, the issuance of the variance wiil NOT maintain the essential character of the iocality... ...because: There are similar structures in the neighborhood with similar setbacks. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance invoives more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The proposed improvements are to an existing legal non-conforming structure. the requested variance.The Otter Taii County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. ^)KCc^aelDATED: April 14, 2022 Board of Adjustment Vice Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directiy 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 appiy appropriate iegai standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. Bradley & Brenda KneisI - Continued septic system (which has an approved permit), we are asking for these variance items in order to build a small footprint home. The house will be moving closer to the lake from the location of the existing cabin, but it will remain behind the neighbor’s existing properties and their site lines of the lake. The lot has a natural slope towards the lake which is ideal for a walkout basement that is detailed within our plans. Bradley & Brenda KneisI, property owners and Amanda Nygard, CB Designs (daughter of property owners) represented the variance application. The audience was polled with Tim Comstock speaking in favor of the variance application. December 9, 2021. Meeting: After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and carried to table the variance request with the permission of the applicant until January 2022 to revise the request. January 13. 2022, Meeting: An email from Brad & Brenda KneisI was submitted on January 3,2022, requesting to have their variance request tabled to April 2022 to allow time for have their property surveyed. After Consideration and discussion, Thomas Lee made a motion, seconded by Rick Wilson and carried to table the variance request to April 2022. April 14, 2022, Meeting: Property owners submitted a revised variance request requesting the following: Due to the drain field and septic system locations that were designed to fit within the setback restraints, we are requesting a variance on the building setbacks to fit a detached garage and a house with a walk-out basement on our narrow lot. #1 - Place the garage 4’ beyond the 20’ building setback line to the road right of way which the detached garage will be located 16’ from the road right of way. #2 - Build a second story deck with a patio below at the walkout side of the house being 42’ from the OHWL. The proposed dwelling & 2"'* story deck will be behind the building line, but 8’ of the deck will be in the shore impact zone. Terry Marthaler has recused himself from this variance request. Bradley & Brenda KneisI, property owners represented the variance application. The audience was polled with Amanda Nygard, CB Designs, daughter of property owners speaking in favor of the revised request as they have worked hard to accommodate the Board members requests. After consideration and discussion, Darren Newville made a motion, seconded by Rick West and carried to approve the variance to construct a detached garage being 16’ from the road right of way and a new dwelling and 2"'* story deck being 42’ 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. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Jerald & Diane Buterihoff- Approved Revised Variance as Requested (6:38 p.m.) Jerald & Diane Butenhoff, Lots 3,4, & 5 of North Shore & Pt GL 3, Dead Lake (56-383) in Star Lake Township requested the following: Proposing an addition to dwelling approximately 30 feet from the OHWL. the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft. the total allowed is 3150 sq ft in theSlZ(15%). October 14.2021 After consideration and discussion. Thomas Lee made a motion, seconded by Terrv' Marthaler and unanimously carried to table the Variance request with the applicant's approval to November 18, 2021, Board of Adjustment Meeting to allow the property owner to revise his proposal to reduce the shore impact zone impervious surface coverage in the shore impact zone. November 18. 2021 Jerald & Diane Butenhoff submitted a letter dated October 20, 2021, to request to have their variance application tabled to April of 2022. Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the Variance request to April 2022 as indicated in the letter submitted to the Board on October 20, 2021. Page I 2 Board of Adjustment April 14, 2022 Jerald & Diane Butenhoff - Continued April 14. 2022 Jerald & Diane Butenhoff, property owners represented the variance application. The audience was polled with no one speaking for or against the variance request. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick Wilson and carried to approve the revised variance to construct an addition to the dwelling being approximately 30’ from the ordinary high-water level and approve the shore impact zone impervious surface coverage to be at 17.5%. 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 granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Paul Lykken - Variance Application Tabled to May 12, 2022 (6:45 p.m.) Paul Lykken, Lot 1 of Broadwater Beach and Lot 1 Broadw ater Beach Third Addition, Life Estate of Arlene Lykken, Pelican Lake (56-786) in Dunn Township requested the following: Our second story deck does not meet the setback requirements. We are requesting a setback to 50 feet from 75 feet. This is an after the fact request. Paul Lykken sent an email dated April 4, 2022 requesting to table his variance request to the next meeting. Darren Newville made a motion, seconded by Terry Marthaler and unanimously carried to table the variance request to May 12, 2022, as indicated in the email dated April 4, 2022. Asche Tst. Et Al - Richard Asche - Variance Application Approved as Requested (6:46 p.m.) Asche Tst, Et Al - Richard Asche, Lot 3 & Lad Betw een Lot & Lake of Rolfson Beach, South Turtle Lake (56-377) in Sverdrup Township requested the following: Proposing to construct a dwelling on the parcel being at the elevation of 1322.71. The highest known is 1325.8 and the ordinary' high elevation is 1318.14. Rick & Coleen Asche, property owners, represented the variance application. The audience was polled with no one speaking for or against this application. After consideration and discussion, Rick Wilson made a motion, seconded by Darren New ville and unanimously carried to approve the variance request construct a dwelling with the lowest floor at an elevation of 1323.5’. 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 granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Willaim & Sherry Ames Rush\ iew Condominium CIC #62 - Variauce Application Approved as Requested (7:18 p.m.) William & Sheny Ames. Rushview Condominium CIC #62, Unit 1 1 '7 Interest in Common Elements, Rushview Condominium CIC #62, Rush Lake (56-141) in Rush Lake Township requested the following: Requesting a variance to replace existing 23x30 (546 sq ft) dwelling 13 ft from OHWL w ith a 26x32 (832 sq ft) dwelling being 15 ft from OHWL. Also requesting to increase SIZ impervious surface from 5.350 sq ft to 5.636 sq ft. Maximum allowed shore impact zone coverage is 3218 sq. ft. (15%). Mark Dobbleman, Lip North Construction. Contractor, represented the variance application. The audience was polled with no one speaking for or against this application. An email w as recei\ ed from Ed Went in support of the variance as requested. After consideration and discussion. J'erry Mailhaler made a motion, seconded by Mark Johnson, and carried w ith Rick Wilson voting no to appro\ e the \ ariatice request to construct a 26' x 32" replacement dwelling being 15ft from the ordinary high-w ater level and increase the impervious surface coverage in the shore impact zone to be no more than 5,636 sq. ft. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed 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. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is April 14, 2027. Page I 3 Board of Adjustment April 14, 2022 STAFF REPORT Jerald & Diane ButenhoffAPPLICANT: 32428 Trumpeter Loop, Dent MN 56528, 56000990483000LOCATION: LAKE NAME/NUMBER/CLASS:Dead Lake, 56038300, Natural Environment APPLICATION: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in SIZ (15%) STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website 32428 TRUMPETER LOOP X Q, ShoA see-cD results 'or 32428 xT W 56000350262012 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 3, Subp. 14 All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as allowed and set forth in Minnesota Statute §394.36 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. Improvements to nonconforming structures not requiring a variance, include, but are not limited to, the following: 1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed peaked roof for a non-conforming structure beyond a 4:12 would be considered an expansion and would require a variance. 2) Installing rails on a patio in which the total height is less than 36" in height as measured from the ground. 3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36 inches and to not allow the overall building height to exceed maximum height restrictions. A non-conforming use is any continuous use of land established before the effective date of a County or local Ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use. A prohibited non-conforming use may not be expanded or improved. If any non-conformity or occupancy is discontinued for a period of more than one year, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A. B. C. D. E. F. Minnesota Statute, 394.36 Subp. 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. Shoreland Management Ordinance 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. Septic system compliance inspection received, and system deemed compliant. 2. Make sure well meets isolation distances to addition per MDH requirements. March 8, 2022 Otter Tail County Board of Adjustment 540 West Fir Fergus Falls MN 56537 Re: Tabled Variance Request - Dead Lake Dear Board Members: On October 14, 2021, we presented our Variance Application to you for an addition to our dwelling which was tabled to allow us to revise the proposal to reduce the impervious surface coverage in the Shore Impact Zone. Attached you will find our revised Impervious Surface Calculation numbers. We proposed in our Variance Application that our Total Impervious Surface Coverage would be 24.5% and our Shore Impact Zone Impervious Surface Coverage would be 21.89%. In our revised plan you will see we have moved the proposed driveway to make it shorter and propose to remove the existing driveway and concrete as indicated on the attached drawing. These proposed changes to our original Variance request will reduce our Total Impervious Surface Coverage to 19% and our Shore Impact Zone Impervious Surface Coverage will be reduced to 17.5%. Our lot is 140’ in depth which makes it difficult for us to meet the Shore Impact Zone Impervious Surface requirements on a Natural Environment Lake which is 100’ from the lake. We feel we have tried our best to accommodate the request by the Board of Adjustment to reduce our Impervious Surface Coverage in the Shore Impact Zone. Thank you for your consideration of our revised request. Sincerely, Jerald & Diane Butenhoff / to(i) 5/?' i to’ '\If «.fu^f^t • 4*> c<gew**<r fy*'•</M—I oi»-i 4 t9B 'h.kl UV /W- ^ 2^' Hoo rft■|o !?>r l^€wvov<.<|M |)n>^os<:<l ^V'0^6S-?ti ■5\'Z- \k" O’lS 5<j.ff- VC^m-eii4- -A ij^'va«»trN /<X (^^11 5^jV?Y “ VVi/SMo'i--^ 2-o>v-t o s-t <1 o?3' X ' AJ ■ J \M' X 5g 5 [ 1 |)ro^• PjW'*' |\(W i)riV^ \M£».'3/pi'cpctj-f.<'/■Q’' F=5R rt:<H^ '?f/: - 1 Kfs ^I7^flot\sc *^0'tm < 'soi5-tv'3>"f /l*r' U'o rX.tiih? /\t}eo! Z r»'35' t,4 4-K7T^ 3 / N/ t/)K£t/}/«'«L ZlKE 7* '7o \1 otter Tail County Land & Resource Management Impervious Surface Worksheet Proposed Page 2 PIN Properly Address 'Li /Square Footage of Lot Acres x 43,560 Property Area (from GIS or Survey): ft^A1Acres Total Area Allowed for Buildings A1 X .20 Total Area Allowed for Impervious Surface A1 X .25 13S^ft^ft^A3A2 List ALL proposed other impervious surfacesList ALL proposed structure footprint areas Total Impervious Surface Area Description AreaDescription Total Existing Impervious- Other from Page 1 Total Existing Building Impervious from Page 1 /^9'7 ClB1 im Total Proposed Building Impervious/ ft'F1Dwelling and Attached Garage Driveway/Parking area(s) Ji0OOTotal Proposed Impervious- Other G1ft' ft'Patio/SidewalkDetached Garage Total Proposed Impervious Surface FI f G1________________ ft'ft'HIRetaining walt(s)Shed(s) Total Proposed Percent Impervious (HI-f-ADxlOO - ft'ft'11LandscapingMiscellaneous 'j ft'ft'OtherRecreational Camping Unit Allowable Area Remaining A2 HIfFft'Water Oriented Accessory Structure ^■ys ft'G1FITotal Impervious-OtherTotal Impervious-Buildings ' tt\ ( of" Percent Building Impervious (FI tA1)x 100 J / ft'Allowable Building Area Remaining A3 - FI SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft {RD Lakes/Agriculture, Urban,Tributary Rivers) Q i 75 ft (Transition Rivers) 100 ft (NE Lakes)_______________ ______________ ^•1 /ftLake Classification Shore Impact Zone Area SI xS2 ft'S2 S3L\o ftAverage lot width in the Shore Impact Zone Z\soTotal Area Allowed for Impervious Surface S3x .15 S4 ft' List all proposed structure footprint areas List all proposed other impervious surfaces Total Proposed Impervious Surface Description AreaDescriptionArea Total Existing Impervious- Other (Pgl) Total Existing Building Impervious (Pg 1) /5V7 ft'S5 S6 77-77 ft'ft'ft'S8Patio/SidewalkBullding(s)Proposed Buildings ffV/2-JZ- If/\ 4e(i ^ I ft'ft'S9Deck(s)Proposed Other Total Impervious Surface S8 + S9 ft' ft'S10Landscaping/Retaining wall(s) Total SIZ Percent Impervious (S10 + S3)x100 .Fft'ft'Driveway/Parking area(s) ft' ft'Micellaneous Allowable Area Remaining S4-S10 ft'ft' mfj.^S8 S9Total Impervious-Buildings Total Impervious-Other tIL-7/1/2021 3 ^DaPrinted Name IV) %\ otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 PINProperty Address Property Area (from GIS or Survey);Square Footage of Lot Acres x 43,560 tf,A1Acres Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildings A1 X .20 A2 A3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total Impervious Surface Area DescriptionDescription Area /^/6/ 3 B1 /rv?Dwelling and Attached Garage Driveway/Parking area(s)Total Impervious-Buildings Palio/Sidewalk f C ^Clft'Detached Garage Total Impervious-Other Total Impervious Surface B1 +C1 S f Ct ft'ft' ft'D1Shed(s)Retaining wall(s) Total Percent Impervious (D1 +A1)xl00 ft'E1ft'Miscellaneous Landscaping ft'ft'Recreational Camping Unit Other Allowable Total Area Remaining A2-D1 1,^9ft'ft'Water Oriented Accessory Structure zjr? ft'ft^Project being requested:B1 C1Total Impervious-OtherTotal Impervious-Buildings Accessory structures less than or equal to 120 sq ft \wilhout a permit. This exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 +A1)x 100 Reviewed by L&R □ E1 Greater than 15%; Exemption Not Allowed Int:Date:B2 □ El 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building AreaRemaining A3-B1 B3 SHORE IMPACT ZONE 37,5 ft (GD Lakes) 50 ft (RD Lakes/Agriculture, Urban,Tributary Rivers)o^ 75 ft (Transition Rivers) 100 ft (NE Lakes) ftLake Classification Shore Impact Zone Area SI xS2 ft'S3 "2 / I ^S2 ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3x .15 ft'S4 List all structure footprints in the Shore Impact Zone List all other impervious surfaces In the Shore Impact Zone .Total Impervious Surface Description AreaAreaDescriptionV ft^ft'S5 /S97Building(s)^^ ^Patio/Sidewalk Buildings I yj ■' fV..’ 992^ ft^ft'S6Deck(s)Otherj.'j-i Total Impervious Surface S5 + S6 S7 lt.f^ ft'ft'ft'Landscaping/retainging wall(s)Y/ !■ Total Percent Impervious (S7 + S3)x 100 ft'ft'Driveway/Parking area(s) ft'ft'Miscellaneous Allowable Area Remaining S4 . S7 ft' ft'ft' 7Y3/yV7 ft'SIZ Total Impervious-Buildings 35 ft'S6SIZ Total Impervious-Other 7/1/2021 Signature DatePrinted Name Jerald & Diane Butenhoff- Variance Application Request to Table to April 2022 (6:23 p.m.) Jerald & Diane Butenhoff, Lots 3, 4, & 5 of North Shore & Pt GL 3, Dead Lake (56-383) in Star Lake Township requested the following: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in theSlZ(15%). October 14, 2021 After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the Variance request with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the property owner to revise his proposal to reduce the shore impact zone impervious surface coverage in the shore impact zone. November 18. 2021 Jerald & Diane Butenhoff submitted a letter dated October 20, 2021, to request to have their variance application tabled to April of 2022. Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the Variance request to April 2022 as indicated in the letter submitted to the Board on October 20, 2021. Lyle & Monica Fritz - Variance Application Withdrawn (6:23 p.m.) Lyle & Monica Fritz, Lot 5 BIk I of Herb's Ridge, Long Lake (56-388) in Hobart Township requested the following: To erect garage storage building with 2'“* floor for sleeping quarters for overflow guests. Approximate height from slab to peak 30’±. Required height restriction is 20’ per the Shoreland Management Ordinance. October 14, 2021 After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unanimously carried to table the variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting. November 18, 2021 Randy Barta, Contractor submitted a letter on behalf of Lyle & Monica Fritz to withdraw the variance application. Lyle & Monica Fritz submitted an email confirming that the variance is withdrawn as a permit has been issued to attach the proposed structure to the existing dwelling, therefore a variance is not needed. Douglas Larson made a motion, seconded by Terry' Marthaler and unanimously carried to accept the letter and email to withdraw the variance request. Ender Raghib - Variance Application Request Denied (6:23 p.m.) Ender Raghib, Lot 20 Blk 1 & Vac Rd Adj. & Res E & F Lot 15 BIk E & Vac Rd Adj of Haggstrom’s Subdivision, Pickerel Lake (56- 475) in Maine Township requested the following: In July of 2020 storm caused damage to primary cabin and insurance determined it was a total loss. We are considering 2 options for replacement of the cabin and deck. Option A - Replace the existing dwelling and deck being 3’ from the lotline. The current impervious surface for the property is 31.26% and under option A would be reduced to 29.7%. Also, under option A we w ill remove the deck landing by the lake along with the storage shed and the deck on the roadside of the dw elling. Option B - Proposing to replace the existing dwelling & deck being 3’ from the lotline w ith a 2-stoiy dwelling. The impervious surface will not change and remain at 31.26%. The replacement of the dw elling and deck meet the building line requirements of the Shoreland Management Ordinance. The lot is a substandard lot of record and the outlet to Pickerel Lake also runs through our property which reduces the buildable space on that side of our lot. October 14, 2021 After consideration and discussion, Thomas Lee made a motion, seconded by Terry' Marthaler and unanimously carried to table the variance with the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow' the County Attorney to review the non-conforming replacement policy. Board of Adjustment November 18. 2021 Page I 2 PfECEIVED OCT } 0 2021 '-ANDSRESOURDOctober 20, 2021 Otter Tail County Board of Adjustment 540 West Fir Fergus Falls MN 56537 Variance ApplicationRe: Dear Board Members: We are requesting to table our Variance Application to April 2022 to work with our contractor to find the most feasible design for our structure on our Dead Lake Property located at 32428 Trumpeter Loop, Dent MN. Jerald & Diane Butenhoff Sincerely, Jerald & Diane Butenhoff- Variance Application Tabled (7:01 p.m.) Jerald & Diane Butenhoff, Lots 3, 4, & 5 of North Shore & Pt GL 3, Dead Lake (56-383) in Star Lake Township requested the following: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in theSIZ(15%). Jerald Butenhoff, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to table the Variance request w ith the applicant’s approval to November 18, 2021, Board of Adjustment Meeting to allow the property owner to revise his proposal to reduce the shore impact zone impervious surface coverage in the shore impact zone. Daniel & Norma Wilson-Variance Application Approved as Requested (7:16 p.m.) Daniel & Norma Wilson, Lot 3 BIk 2 & Vac Rd AdJ of Okeson Beach L' Addn & Pt of GL 2, Eagle Lake (56-253) in Eagle Lake Tow nship requested the follow ing: 1 am requesting a variance for expansion of a non-conforming structure. The front wall of the proposed addition w ill align w ith the front wall of the existing cabin. The front of the proposed screen porch w ill align with the existing deck. The proposed is approx. 62’ from lake. Daniel Wilson, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Terry Marthaler and unanimously carried to approve the variance request to construct an addition to dwelling being 62 feet from the ordinary high water level which will be no closer to the ordinary high w ater level than the existing dwelling. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. Robbie Rimer-Variance Application Approved as Requested (7:24 p.m.) Robbie Rimer, Lot 2 BIk 1 of McKinnon’s Star Lake View , Star Lake (56-385) in Dora Lake Township requested the following: 1 would like to attach Parcel A to Kyle Flarris’ riparian lot known as PID No. 16000990807000 and Parcel B to our riparian lot known as PID No. 16000990704000. By attaching these parcels to the riparian lots, Kyle (Parcel A) w ill be able to build a shed and have less pressure on Star Lake. The proposed is shown on maps which are on file at Land & Resource Management. Maverick Larson, Compass Consultants, represented the variance application. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion, Terry Marthaler made a motion, seconded by Thomas Lee and unanimously carried to approve the variance request to split parcel number 16000991027000 and attach proposed Parcel A to parcel number 16000990807000 (riparian lot owned by Kyle Harris) and attach proposed Parcel B to parcel number 16000990704000 (riparian lot owned by Robbie Rimer). 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 w hich have been placed on file w ith the Land & Resource Management Department. Harry & Jodi Gilbertson- Variance Application Approved as Requested (7:30 p.m.) Harry & Jodi Gilbertson, All of GL 3 Ex 1240’ Perm Attached to 0145-000 Per Variance, Lida Lake (56-747) in Lida Tow nship requested the follow ing: Proposing to construct an addition to dwelling cabin being approx. 73' from Lake. Also proposing to raise the existing dwelling'cabin to allow the floor heights in the existing dwelling/cabin and the addition to match. The height of the structure will not exceed 35’ and the existing dwelling cabin is approx. 45’ from the lake. Harry Gilbertson, property owner represented the variance application in person and Jodi Gilbertson, property owner represented the application via Microsoft Teams. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion, seconded by David Wass and unanimously carried to approve the variance request to construct an addition to dwelling being 73 feet from the ordinary high-water level and raise the existing cabin which is approximately 43’ from the ordinaiy' high-water level. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. Board of Adjustment October 14, 2021 Page j 3 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: Jerald & Diane Butenhoff 10449 140''^ Ave S. Barnesville MN 56514-9129 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 14, 2021, at 6:00 p.m. at the Bipwood Event Center. 925 Western Ave, Fergus Falls, MN The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to land^co.ottertail.mn.us. Written correspondence or emails. 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 legally described and located at: Legal Description:Parcel No. - 56000990483000, 56000990482000 & 56000350262011 Lots 3, 4 & 5 of North Shore and Pt GL 3 Section 35, Township 135, Range 41 Township Name - Star Lake Dead Lake (56-383), Natural Environment (NE) 32428 Trumpeter Loop, Dent MN 56528 Lake Name/Number/Class: Property Address: The variance requested is the following; Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in the SIZ (15%). A III} Busko Board of Adjustment Secretary September 30, 2021 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 'UO- I /I /bo>s :• s4 \i J nW7J.\M 2?'r9"r%4 ^J-ew\/\3^'^V~4^caLA'tjr?-I I//ptise ‘-fo'u-V a3>i / O PH',//s-.tnihz ly /_' ^ Lik4\/\Deol$ffl' /7^ 35 i.4I Utpi 3 9 ]ot»^ tfO ------/-/]K5L ^Ke -1/> *-r^i - r PROJCCT; •REVISIONS:ADDITION rof*. SALESMAN JIM DflAWNBY; JASON , DATE: 9.17.21 TOTAL S.F. 1229 *s£c iillilIfi* l ! ll ° I ll'll 1^ I s e s 2>'-0‘ E3 IMN T 3 iliii U-J If? r-ioj* Id Mr ”BATH ?.Q.15'-3‘iy-3* I u © ■f :?T S8 z:a H<</3 Z cc p o w 5. S3 ^ b « ■£p < e i8b Tj= fP. CO <BEDROOM■t :z; o'n l3’-8‘30'~6'CJ sCVJ \8'-0" le'-O" OHVOOH eg;zi <75 o ^00 19'-6*12-6-12'-0‘ <s.’-0 44'-0* »y*'CO CNJ p:^ W Lu(JUHop- zCLhUJh<2 CQ wz< Q oCMAIN FLOOR PLAN 3 >-SCALE: 1/B" = I’-O"odQc: w ©CRKNE JOHNSON LUMBER CO. 2021 . V-. OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTERTflll GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF eO^DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 7^^ & MARCH 31^^ I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my^ 9f<p V property/project (Tax Parcel f ^ ^ ________), described on Application(s) datedi\/iQr) ce 9 my Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). proPerttoDATED LR: Forms: Waiver 60 Day Rule 03-17-2020 otter Tail County g^jwL Land & Resource Management Impervious Surface Worksheet Proposed Page 2 56000990483000, 5600099048200032428 Trumpeter Loop Dent PIN Property Address Square Footage of Lot Acres x 43,560 Property Area {from GIS or Survey)A1 29400Acres Total Area Allowed for Buildings A1 X .20 Total Area Allowed for Impervious Surface A1 X .25 5880 ft^A3ft^A2 7350 List ALL proposed other impervious surfacesList ALL proposed structure footprint areas Total Impervious SurfaceDescriptionAreaAreaDescription Total Existing Impervious- Other from Page 11547Total Existing Building Impervious from Page 1 2359ClB1 Total Proposed Building Impervious 277912322065F1Driveway/Parking area(s)Dwelling and Attached Garage Total Proposed Impervious- Other 4424G1ft^Patio/SidewalkDetached Garage Total Proposed Impervious Surface FI * G1________________ 7203ft^HIft^Retaining wall(s)Shed(s) Total Proposed Percent Impervious (HI - A1)x 100______ 24.50%ft^IIft'LandscapingMiscellaneous ft^OtherRecreational Camping Unit Allowable Area Remaining A2 147HI ft^Water Onented Accessory Structure 44242779G1FITotal Impervious-OtherTotal Impervious-Buildirtgs Percent Building Impervious (F1 ^ A1)x 100 9.45% Allowable Building Area Remaining A3-FI 3,101.00 SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD LakftS/Agricultral, Urban,Tributary River) o d 75 ft (Transition River) lOOftiNE Lakes)a 100 ftNatural EnvironmeiLake Classification Shore Impact 2or>e Area S1 xS2 21000 ft=210 S3S2ftAverage lot width in the Shore Impact Zone) Total Area Allowed for Impervious Surface S3 X .15 3150 ft^S4 List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface AreaDescriptionAreaDescription Total Existing Impervious- Other (Pg 1) Total Existing Building Impervious (Pg 1)7431547 ft^S6S5 27791232S8ft^Patio'Sidewalk Proposed BuildingsBuilding(s) 1818 fFS9ft'ft^Deck(s)Proposed Other Total Impervious Surface S8 S9 4597 ft^S10fFft'Landscaping/Retaining wall(s) Total SIZ Percent Impervious (S10 ^ S3)x 100 21.89%1075ft'Driveway.'Parking area(s) -1447ft'ft'Micellaneous Allowable Area Remaining S4 - S10 fF ft'ft' 18182779 ft^S9S8Total Impervious-OtherTotal Impervious-Buildings 7/1/2021 Printed Name ignature ZL/ -^2-1 w Date otter Tail County Land & Resource Management Impervious Surface Worksheet Existing Page 1 32428 Trumpeter Loop Dent 56000990483000, 56000990482000Property Address Square Footage of Lot Acres x 43,560 Property Area (from GIS or Survey)ft^A1Acres 29400 Total Area Allowed for Impervious Surface A1 X ,25 Total Area Allowed for Buildirtgs A1 X .20 ft=A2 ft'A3 58807350 List ALL existing structure footprint areas List ALL existing other impervious surfaces Total Impervious Surface Area Description AreaDescription 1616 ft'1547 ft'1326 ft'B1Dwelling and Attached Garage Dnveway/Parking area(s)Total Impervious-Buildings 2359 ft'743 ft'Clft'Palio/SidewalkDetached Garage Total Impervious-Other Total Impervious Surface B1 +C1 221 3906 ft'ft'D1ft'Retaining wall(s)Shed(s) Total Percent Impervious (D1 * A1) X 100 13.29%E1ft' ft'LandscapingMiscellaneous 3444ft' ft'OtherRecreational Camping Unit Allowable Total Area Remaining A2-D1 ft' ft'ft'Water Oriented Accessory Structure 2359 ft'1547 ft'Project being requested:ClB1Total Impervious-OtherTotal Impervious-Buildings Accessory structures less than or equal to 120 sq ft __ without a permit. This exemption only applies to items I—I not located in the Shore Impact Zone. Bluff Impact Zone, or Wetlands. Building Impervious SurfacePercentage (B1 +A1)x100 Reviewed by L&R (nt:Date;B2 5.26% □ El Greater than 15% Exemption Not Allowed □ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft. This exemption only applies to items not located In the Shore Impact Zone, Bluff Impact Zone, or Wetlarnis. Allowable Building AreaRemaining A3-B1 4,333.00 ft'B3 SHORE IMPACT ZONE Q 37.5 ft (GD Lakes) 50 ft (RD Lakes/' Agnculture, Urban Tributary Rivers) 75 ft (Transition River) 100ft(NE Lakes) 100 ftS1Natural EnvironmentLake Classification Shore Impact Zone Area SI xS2 ft'S3 21000S2210ftAverage lot width in (he Shore impact Zone Total Area Allowed for Impervious Surface S3x .15 ft'S4 3150 List all other impervious surfaces In the Shore Impact ZoneList all structure footprints in the Shore Impact Zone Total Impervious Surface AreaDescriptionAreaDescription 251 ft'1547 ft'S51326 ft'Patio/Sidewaik BuildingsBuilding(s) 492 ft'743 ft'S6160 ft'Deck(s) Other Total Impervious Surface S5 +S6 2290 ft'S7ft'41 ft'Landscaping/retainging wall(s) Total Percent Impervious (S7 - S3)x 100 10.90%ft'ft'20 Driveway/Parking area(s) ft^ft'Miscellaneous Allowable Area Remaining S4-S7 860 ft' ft'ft' 1547 ft'743 ft'S6SIZ Total Impervious-Building? 35 SlZ Total Impervious-Other 7/1/2021 —\ I (’I Dateed Name otter Tail County Web Map https://ottertailcountymn. us/ STAFF REPORT Jerald & Diane ButenhoffAPPLICANT: 32428 Trumpeter Loop, Dent MN 56528, 56000990483000LOCATION: LAKE NAME/NUMBER/CLASS:Dead Lake, 56038300, Natural Environment APPLICATION: Proposing an addition to dwelling approximately 30 feet from the OHWL, the required setback is 200 feet. Said addition would also increase the impervious surface in the Shore Impact Zone from 2290 sq ft to 4597 sq ft, the total allowed is 3150 sq ft in SIZ (15%) STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Websrte ▼ 32428 TRUMPETER LOOP X Q, Show search results for 32428 a 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 3, Subp. 14 A. All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as allowed and set forth in Minnesota Statute §394.36 B. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. C. Improvements to nonconforming structures not requiring a variance, include, but are not limited to, the following: 1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed peaked roof for a non-conforming structure beyond a 4:12 would be considered an expansion and would require a variance. 2) Installing rails on a patio in which the total height is less than 36" in height as measured from the ground. 3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36 inches and to not allow the overall building height to exceed maximum height restrictions. D. A non-conforming use is any continuous use of land established before the effective date of a County or local Ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use. E. A prohibited non-conforming use may not be expanded or improved. F. If any non-conformity or occupancy is discontinued for a period of more than one year, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Minnesota Statute, 394.36 Subp. 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. Shoreland Management Ordinance 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. Septic system compliance inspection received, and system deemed compliant. 2. Make sure well meets isolation distances to addition per MDFI requirements. m a 2 ■c ES Compliance inspection report form Existing Subsurfece Sewage Treatment System (SSTS)mi MINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 Doc Type: Compliance and Enforcement Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting documentation - additional local requirements may also apply. Further information can be found here; ;;tiDs:/Ar/ww.pca.state.mn.usysltes/default/filesAva-wV'is ts4-31a.pdf. iiispector mast submit completed form to Local Governmental Unit fLGU) and system owner within 15 days of final determination of compliance or noncornpiurnce. Property information Local tracking number: Parcel ID# or Sec/Twp/Range: 56000990483000 Property address: 32426 Trumpeter Loop, Dent, MN 56528 Owner/representative; Jerald Butenhoff Brief system description: Holding Tank and Outhouse System status Local regulatory authority: Ottertail County Owner’s phone: 701-219-1402 System status on date (mm/ddfyyyy): 9/14/2021 ^ Compliant - Certificate of compliance* (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check all applicable) □ Impact on public health (Compliance component #1) - Imminent threat to public health and safety □ Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety □ Other Compliance Conditions (Compliance component #3) - Failing to protect groundwater □ System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater □ Soil separation (Compliance component #5) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance component #4) - Noncomptiant - local ordinance applies Comments or recommendations Q Noncomptiant - Notice of noricompliance An Imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance or under section 145A.04 subdivision 8. Systems filing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. Certification / hereby certify that all the necessary inform^ion has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. By typing my name below, I certify the above statep^s to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processir^ this fopi. Business name: Stoll Inspectior^s Inc. Inspector signature:_________________/ Certificafion number 7526 License number; 2982 (This document has been electronically signed)Phone: 218-639-1849 Necessary or locally required supporting documentation (must be attached) 13 Locally required forms □ Tank Integrity Assessment □ Operating Permit□ Soil observation logs □ Other information (list): Available in alternative formats Page 1 if 4 Use your preferred relay service800-657-3864651-296-6300https;//www.pca.state.mn.us wq-wvi/ists4-31b • 1/11/21 1. Impact on public health - Compliance component #1 of 5 Compliance criteria:_______ System cfischarges sewage to the ground surface Attached supporting documentation: □ Other. _______________________ □ Not applicable jOYes’ 0No ! System discharges sewage to drain j □ Yes’ g| No tile or surface waters System causes sewage backup into | □ Yes ■ E! No dwelling or establishment. i "yes " answer above, indicates the systern is an imminent threat to public health and Safety, Describe verification methods and results: 2. Tank integrity - Compliance component #2 of 5 Compliance criteria: System consists of a seepage pit, cesspool, drywell, leaching or other pit?________________ Attached supporting documentation; Q Pumped at time of inspectionP Yes’ a No Name of maintenance business. Hawes in Yes S NoSewage tank(s) leak below their designed operating depth? License number of maintenance business. L3466 Date of maintenance; □ Existing tank integrity assessment (Attach) 9/14/2021 ; Date of maintenance (mm/dd/yyyy);(must be within three years) ("See form mstructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) n Tank is Noncompliant (pumping not necessary - explain below) □ Other; Tanks Empty If yes, which sewage tank(s) leaks: j Any '■■yes '' answer above indicates the system is faiiing to protect groundwater. Describe verification methods and results: Outhouse has a sealed tank for pit area. Tank was pumped out ad Inspected. Available in alternative formats Page 2 of 4 Use your preferred relay service800-6S7-3864651-296-6300https://www.pca.state.mn.us w<?-ww/sts4-31b • 1/11/21 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes' E! No □ Unknown 3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes' El No □ Unknown 'Ves 10 5a or 3b - Syste>ii is an imminent threat to public health and safety. 3c. System is non-protective of ground water for other condtions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? -■yes to 3c or 3d - System is failing to protect groundvjarrr'. Describe verification methods and results: □ Yes' El No □ Yes' S No Attached supporting documentation: Q Not applicable Q 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 H Not appficabie □ Yes □ No If “yes”, A below is requiredIs the system operated under an Operating Permit? is the system required to employ a Nitrogen BMP specified in the system design? □ Yes □ No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions is “no”, this section does not need to be completed. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? DYes □ No Any “no” answer indicates noncompiiance. Describe verification methods and results: O Yes □ No Attached supporting documentation: Q Operating permit (Attach) □ Available in alternative formaUUse your preferred relay service651-296-6300 800-657-3864https://www.pca.state.mn.us wq~wwists4‘31b • 1/11/21 Page 3 of 4 5. Soil separation - Compliance component #5 of 5 El UnknownDate of installation (mm/d<Vyyyy) SYes DNoShorelandAiVellhead protection/Food beverage lodging? Attached supporting documentation: □ Soil observation logs completed for the report (Attach) D Two previous verifications of required vertical separation (Attach) S Not applicable (No soil treatment area) Holding Tanks Only___________ Compliance criteria <select one): 5a. For systems built prior to April 1, 1996, | □ Yes O No’ and not located in Shoreland or Wellhead i Protection Area or not serving a food, beverage or lodging establishment:m Drainfield has at least a two-foot vertical I separation distance from periodically saturated soil or bedrock.! □ Yes □ No*5b. Non-performance systems built April 1. 1996. or later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* Indicate depths or elevations A. Bottom of distribution media B. Periodically saturated soil/bedrock i C. System separation D. Required compliance separation* *May be reduced up to 15 percent if allowed by Local Ordinance. 5c. ‘Experimerjtar, ‘Other”, or "Performance" \[3 Yes D No systems built under pre-2008 Rules: Type IV or V systems built under 2008 Rules 7080. 2350 or 7080.2400 (Advanced Inspector License required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. ; I ‘Any "no’' answer above indicates the system is failing to protect groundwatci:. Describe verification methods and results: Upgrade requirements: (Minn. Stat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems in shoreland areas, Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. Available in alternative formats Page 4 of 4 800-657-3864 Use your preferred relay service651-296-6300https;//www.pca.state.mn.us wq-wwists4-31b • 1/11/21 Parcel Number:Date & Initial: ^jHjz/ ^ ^ System Drawing ■Rie system drawing which includes and identifies a graphic scale in feet or indicates ail settack distances, ail septic/holding/lilt tanks, drainfields wells within 100 feet of system (indicate depth of wells), dwelling and non-dwelling stnictures, lot lines, road right-of-ways, easements, OHWLs, wetlands, and topograpific features (i.e. Wuffe). (p^ El 5a.-iul o o0 J Additional Comments; uxccyCompliance Fo*m fcr OTC 4/1^/2017 Pegs 2 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 30'^ day of September 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Township Clerk Lake AssociationProperty Owner Jeff Michaelson, Clerk Star Lake Township 39840 Star Hills Dr Dent MN 56528 Star Lake Association PO Box 155 Dent MN 56528 Jerald & Diane Butenhoff 10449 Ave S. Barnesville MN 56514-9129 City Clerk (if located within 2 miles of a city) NONE (Q Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 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 lid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Big McDonald: Devils (NMr Perham): LU Eai ;e: Lida LS Littl#/lc 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:South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 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 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: David Wass - 29133 260^'’ St., Underwood, MN 56586 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number OF Notices & Envelopes TO Print File 1Dated: September 30, 2021 Extra___6Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members _ PC Member___ Envelopes 12 TOTAL NOTICES TO PRINT___25 I I Added to Agenda I__I Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press_____ 5 1m MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Jerald Affidavit (56-383) 10-14-21.docx Buffer Parcels Parcel No 56000350262000 Jeffrey A & Deneen M Jenne Name 1 Addr 1 34958 Buddy Ln Addr 2Name 2 Citv St Zip Dent MN 56528 9651 56000350262011 Jerald L & Diane M Butenhoff 10449 140th Ave S Barnesville MN 56514 9129 56000350262012 Curtis Dement 1027 Monte Carlo Dr Fargo ND 58102 5503 Kim A & Christine Parsons56000350262013 32444 Trumpeter Loop Dent MN 56528 9329 Ann R & Justin R Schoenberg56000350262015 4260 53rd St S Fargo ND 58104 4231 56000350262018 Dwight Jenne 32490 Starland Shore Dr Dent MN 56528 9300 56000350262019 David L Anderson Cedar Rapids lA 52405 15441509 Witters Way 56000350262021 Brandon & J Vonderharr Et Al 582 Forest Retreat Rd Hendersonville TN 37075 2246 56000350263000 Betty Eckert 2467 Pioneer Rd Apt 208 Fergus Falls MN 56537 8512 56000990480000 Kim A & Christine Parsons 32444 Trumpeter Loop Dent MN 56528 9329 Kim A & Christine Parsons56000990481000 32444 Trumpeter Loop Dent MN 56528 9329 56000990482000 Jerald L & Diane M Butenhoff Barnesville MN 56514 912910449 140th Ave S 56000990483000 Jerald L & Diane M Butenhoff 10449 140th Ave S Barnesville MN 56514 9129 56000990485000 Curtis & Sharon Dement 1027 Monte Carlo Dr Fargo ND 58102 5503 56000990487000 David L Anderson Cedar Rapids lA 52405 15441509 Witters Way 56000990488000 Brandon & J Vonderharr Et Al 582 Forest Retreat Rd Hendersonville TN 37075 2246 56000990490000 Kurt Anderson & Cherl Trudell Erhard MN 56534 0011PO Box 11 56000990491000 Ann R & Justin R Schoenberg 4260 53rd St S Fargo ND 58104 4231 56000990492000 Dead Lake Property Mgmt LLC 135 South Market St Belle Plaine MN 560111713 Fridav, Seotember 24. 2021 Page 1 of 1 m-Buffer Mail I Address i City, State, ZipAddress 2Name David L Anderson 1509 Witters Way Cedar Rapids lA 52405 1544 Brandon & J Vonderharr Et Al 582 Forest Retreat Rd Hendersonville TN 37075 2246 Jerald L & Diane M Butenhoff 10449 140th Ave 5 Barnesville MN 56514 9129 Dead Lake Property Mgmt LLC 135 South Market St Belle Plaine MN 560111713 Curtis Dement 1027 Monte Carlo Dr Fargo ND 58102 5503 Curtis & Sharon Dement 1027 Monte Carlo Dr Fargo ND 58102 5503 Betty Eckert 2467 Pioneer Rd Apt 208 Fergus Falls MN 56537 8512 Dwight Jenne 32490 Starland Shore Dr Dent MN 56528 9300 Jeffrey A & Deneen M Jenne 34958 Buddy Ln Dent MN 56528 9651 Kurt Anderson & Cheri Trudell Erhard MN 56534 0011PO Box 11 Kim A & Christine Parsons 32444 Trumpeter Loop Dent MN 56528 9329 Ann R & Justin R Schoenberg 4260 53rd St S Fargo ND 58104 4231 Friday, September 24, 2021 Page 1 of 1 To £A5e^*>if Ho" -- ''''_'■ i /\ /1,0 T \ffO{iS‘r^\ \ X \4 1,PyTjp«V<^ 13^'iL Ca^c^J^t'Ai/w/'-rAw.n.^'r-\//y>Vz /:j / 15" 'Gi5.?-!/\ dla<\5(t '-/O 'r '-ni K.s >t^'i ! 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