MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 14, 2014 The Otter Tail County Board of Adjustment met Thursday, August 14, 2014, with the following persons in attendance: Michael Harris Paul Larson Thomas Lee Steve Schierer David Wass Mark Ronning, Land and Resource Management Artem Bunin, County Attorney Called to Order Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the July 10, 2014 meeting as mailed. The Board of Adjustment considered the following applications for variance: Jeff and Joleen Giefer Variance application approved as requested. (6:33 p.m.) Jeff and Joleen Giefer, part of the Southeast Quarter of the Northwest Quarter, part of Government Lot 1 and part of Government Lot 5, Section 6 of Hobart Township by Lake Six, requested the following: We are requesting a variance to allow a metes and bounds split of our 9.89 acre tract along the northwest side of Lake Six Road. The southerly parcel, where our current house sits, would be 3.67 acres and have approximately 591 feet of frontage on Lake Six Road. The northerly parcel, which we hope to build on, would be 6.22 acres and have approximately 695 feet of frontage on Lake Six Road. We are requesting a variance of 1.33 acres from the required 5.00 acre size for the proposed southerly parcel. Upon approval of these requests, a signed Certificate of Survey will be filed with Otter Tail County for the proposed subdivision. Glenn Howe, Surveyor, appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by David Wass and unanimously carried, to approve the proposed subdivision as described in the application dated July 9, 2014 and as depicted on Drawing Number 7865 dated July 8, 2014. The variance as approved does not directly or indirectly grant any other variances for future development. It was noted that this approval is consistent with past action of the Board in this immediate area. The hardship/practical difficulty is the existing road, which the applicant does not control and; therefore, would not be able to meet the platting standards. Dale Pierce Et Al Tabled (6:40 p.m.) Dale Pierce Et Al, part of Government Lot 1, Section 27 of Lida Township by Lake Lida, requested the following: Non buildable lot Request to split Parcel 37000270138017 to have two (2) standalone non buildable lots and to use original survey and not to have new survey done. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Michael Harris and unanimously carried, with the applicant s verbal permission, to table this public hearing until the September 11, 2014 meeting for additional information regarding the location of the roads that access the applicants property and the other properties in this immediate area. LeLand and Diana Faugno Variance application approved as requested. (6:58 p.m.) LeLand & Diana Faugno, Lot 4 Block 1 and Reserve Lot B Walleye Beach by Pickerel Lake in Maine Township, requested the following: Requesting to have Reserve Lot B declared buildable for non-residential purposes and permanently attach to the front lot (Lot 4). Also requesting to have Lot 4 Block 1 of Walleye Beach declared buildable for single family residential use. The lot has 143.5 water frontage, 150 required. Walleye Beach was platted February 4, 1974. All other platted lots with same frontage have residential homes existing today. The applicants were represented by Nick Gludt. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to declared Reserve Lot B as a buildable lot for non-residential purposes, noting that Reserve Lot B will be permanently attached to Lot 4 Block 1 of Walleye Beach and to declared Lot 4 Block 1 of Walleye Beach buildable for single family residential use. It was noted that the area in the back lot cannot be used when calculating impervious surface coverage for front lot development.
Page # 2 James Sherer Denied. (7:02 p.m.) James Sherer, Lots 1, 2, 3, 17, 18, 19 and 20 Block 2 Crystal Hills Second Addition, Crystal Lake in Lida Township, requested the following: Petitioner owns 7 contiguous substandard lots and would like to combine and split them into two separate parcels as outlined below. There are no structures, wells or septic systems on the properties. Request would be for the two new parcels to be approved for residential use. Request that platted lots 1, 2, and 3 Block 2 that face 267 th Ave be permanently attached and that we be allowed to sell them as one unit. This would then be a 22,320 square foot parcel rather than (3) 7,440 square foot parcels. Request that platted lots 17, 18, 19 and 20 Block 2 that face 268 th Ave be permanently attached and that we be allowed to sell them as one unit. This would then be a 29,760 square foot parcel rather than (4) 7,440 square foot parcels. Del Jose represented the applicant at the public hearing. The audience was polled with Richard Hoganson, property owner in the immediate area, expressing concern with drainage in this immediate area and with Douglas Anderson, proposed purchaser of Lots 1, 2 and 3 speaking in support of the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested, approving the variance as requested would establish precedence as it relates to substandard contiguous parcels, would results in creating two substandard lots that would be more substandard then the one lot currently in existence and would possibly create more issues for drainage in this immediate area. Theodore and Susan Klimek Variance application approved as requested. (7:22 p.m.) Theodore and Susan Klimek, Lot 9 Block 1 Block Lake Addition, Block Lake in Effington Township, requested the following: We are requesting to build a structure (garage or pole shed) less than the required 100 setback. Variance of 45 from ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Davis Wass and unanimously carried, to approve a variance of 45 from the required ordinary high water level setback of 100 for construction of a 22 by 30 structure (garage/pole shed) 55 from the ordinary high water level at the closest point. The proposed location will not obstruct the view from the adjacent properties. The proposed location is perhaps the only suitable location for the proposed structure. Hardship/practical difficulty is the terrain of the applicants property. Larry and Rolene Wacha Variance application approved as requested with a condition. (7:25 p.m.) Larry and Rolene Wacha, Lot 5 Kimber Beach, Blanche Lake in Girard Township requested the following: 15 by 28 deck 9 3 from property line; 28 by 60 house 9 3 from property line and 28 by 30 attached garage 9 3 from property line. Required side lot line setback is 10. The audience was polled with no one speaking for or against the variance as requested. Letters from Diane Trojack and Theodore J and Kathleen Kessel in support of the variance as requested was read for the record. After discussion and consideration, David Wass made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve the placement of a 15 by 28 deck, a 28 by 60 house and a 28 by 30 attached garage 9 3 from the side property lot lines as depicted on the drawing submitted with the variance application with the condition that no more 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. It was also noted that the proposed development will be more in compliance than the existing development. Randolph O. Halvorson Tst Tabled (7:32 p.m.) Randolph O Halvorson Tst., part of Government Lot 3, Section 7 of Rush Lake Township by Marion Lake, requested the following: Request to subdivide and create two parcels by metes and bounds. Proposed lot split from Tract A1 1.43 acres (62,290 square feet) will be Tract B1 (11,230 square feet) to be sold to the owners of Lot 6 and part of Lot 7 of Klien s Beach. New Lot Tract B1 can t be created by sub-division plat because that requires a 66 roadway easement. It is not feasible to create a 66 Roadway easement as this would contain an existing septic tank, lift station and part of the drain field that is for Lot 6 and part of Lot 7 Klien s Beach. As such, the request is to subdivide Lot B1 by Metes and Bounds. New Lot Tract B1 (11,230 square feet) to be non-residential back lot, permanently attached to Lot 6 and part of Lot 7 Klien s Beach Property ID Number 53000990394000. Tract A1 will still contain 51,060 square feet and will remain a separate lot with as designated by Parcel Number 53-000-07-0036-013. Survey will be done upon approval. The audience was polled with Robert McAloney speaking for the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, with the applicant s verbal permission, to table this public hearing until the September 11, 2014 meeting for additional information regarding impervious surface coverage and for the location of the ingress and egress road.
Page # 3 Paul T. Kelly and Norma J. Olson Variance application approved as requested. (7:45 p.m.) Paul T. Kelly and Norma J. Olson, part of Government Lots 3 and 4, Section 11 of Maine Township by Pickerel Lake, requested the following: We are requesting a variance in the normal ordinary high water level setback of 100 to build an addition onto our existing dwelling. Our property on Pickerel Lake has been in the Olson-Kelly family since the 1950 s. We inherited this property (~6.8 acres) and existing dwelling (~1968 square feet) in the late 1980 s: the dwelling is located within the 100 setback. The proposed addition will contain an attached garage, one bedroom and closet (total ~2006 square feet), and a small deck (~96 square feet). The requested setback for the proposed addition will be ~61 from ordinary high water level. If this variance is approved, we will also relocate and upgrade the existing septic system (from 750 gal to ~1500 gal). The audience was polled with no one speaking for or against the variance as requested. Letters from Keith and Lori Hanson, Terry Jensen, Barbara and Dick Nelson, and Scott Rocholl in support of the variance as requested was read for the record. After discussion and consideration, Michael Harris made a motion, second by Paul Larson and unanimously carried, to approve a variance of 39 from the required ordinary high water level setback of 100 for an addition to an existing cabin located approximately 61 from the ordinary high water level as described in the variance application dated July 23, 2014 and as depicted in the drawing dated July 22, 2014. The proposed development will not obstruct the view from the adjacent properties. Proposed development will be placed to the side and behind the existing development. The hardship/practical difficulty is the terrain. Paul A. Hayden Variance application approved as requested. (7:50 p.m.) Paul A. Hayden, Reserve Lot A Block 1 Larsen s Minasha-Da Subdivision, Dead Lake in Dead Lake Township, requested the following: Request variance from setback requirement of 200 to 100 at closet point attaching building to existing structure which was granted a variance in 1988. The audience was polled with no one speaking for or against the variance as requested. Milt Paulson represented the applicant at the public hearing. Mr. Hansen, a potential property owner, also appeared at the public hearing. After discussion and consideration, David Wass made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 100 from the required ordinary high water level setback 200 for an addition to an existing structure 100 from the ordinary high water level at the closet point as depicted on the drawing submitted with the variance application. The proposed development will not obstruct the view from the adjacent properties. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Holly Matson Variance application approved as requested. (7:56 p.m.) Holly Matson, Government Lots 6, 7 and 8, Section 5 of St. Olaf Township by Johnson Lake, requested a variance of 50 to build a new dwelling and garage at 150 from ordinary high water level (to be no closer than existing structure). Gary Schroeder appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Paul Larson and unanimously carried, to approve a variance of 50 from the required ordinary high water level setback of 200 for the construction of a dwelling and garage 150 from the ordinary high water level. The proposed development will be no closer to the ordinary high water level than the existing structure. The hardship/practical difficulty is the extreme high water level on Johnson Lake. Doug Gullekson Tabled (8:00 p.m.) Doug Gullekson, part of Government Lot 9, Section 36 of Dora Township by Round Lake, requested the following: Storage shed will be short of road right-of-way setbacks or property and lake shore setbacks, new trailer will be short of lake shore setbacks but same as old one. Shed Option # 1 request a variance to place shed 6 from property line and approximately 48 from ordinary high water level (no closer than existing dwelling). Shed Option # 2 request a variance to place shed 8 from road. Also request to replace existing dwelling with new double side in same location. Approximately 48 from ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, with the applicant s verbal permission, to table this public hearing until the September 11, 2014 meeting so that the applicant s request can be modified to include a request to have the property declared buildable.
Page # 4 June 12, 2014 Meeting - Pro s Properties LLC and Paulette Jimenez, part of Government Lot 9, Section 25 of Dead Lake Township by Dead Lake, requested the following: Northern Lights Resort is considering purchasing a 6.3 acre tract southerly of and adjoining the existing resort. We would like to eventually place 15 seasonal campsites with 15 boat slips in the 6.3 acre tract (a phase development) and operate those campsites as part of our resort. We have obtained a conditional use permit recommendation for approval at the May 14, 2014 Planning Commission meeting and final conditional use permit approval from the Otter Tail County Commissioners at their May 20 th, 2014 meeting for 13 seasonal campsites with 12 boat slips as shown on the Certificate of Survey. We are asking the Board of Adjustment to grant the following: 1. We are requesting a variance from the 30 foot bluff setback (the closet point of the existing trail lies 3 feet from the bluff) in order to continue to use the existing trail running along the north side of and providing access to 8 of the proposed seasonal campsites. This will eliminate having to construct a new access road. The existing trail lies within the original dedicated public road corridor laid out in the plat of DeSchane Beach. 2. We are requesting a variance from the 30 foot bluff setback for a small portion of 4 of the proposed seasonal campsites (the closet point lying 20 feet from the bluff). There will be no pad, RV or structures within the 30 foot bluff setback. 3. We are requesting a variance from the 50 foot buffer (the closet point of the existing trail lies 5 feet from the property line) for those portions of the existing walking trail lying within the 50 foot buffer along the northwesterly part of the 6.3 acre tract which provide walking access to the lake. This will eliminate having to construct a new walking trail. 4. We are requesting a variance from the Tier 1 density calculation across the 6.3 acre tract for 2 of the 4 seasonal campsites. 5. We are requesting a variance from the Tier 2 density calculation across the 6.3 acre tract for 10 of the 11 seasonal campsites. 6. We are requesting a variance from the number of boat slips allowed by Tier 1 density calculations across the 6.3 acre tract for 13 of the 15 boat slips. We would also like to note the total impervious surface for this tract of land will be less than 19% We believe, and the Otter Tail County Commissioners agree, the land is best suited for the type of development approved and the acquisition of this property will allow Northern Lights Resort to better serve the general public. Glen Howe, Surveyor appeared with the applicants at the public hearing. The audience was polled with the following individuals addressing the variances as requested: Donn Anderson Tim Sullivan Cheryl Harris Terry McDevitt Phyllis Freemann Gary Johnson Mark Steuart The public hearing has been recorded, is available to the public and has been incorporated as an official part of the minutes; therefore, the secretary has chosen not to summarize each person s specific comments in the written minutes. A letter from the Dead Lake Association was read for the record by Phyllis Freeman President, Dead Lake Association Board of Directors. A letter signed by Duane Rolings (question spelling), Neal and Shirley Ramberg, Charles and Kathleen Brasel and Betty Seiple in support of the proposed development was read for the record. Letters from Gary Johnson, The Barnick s (Pocahontas Resort) and Michael Weismiller in opposition to the variances as requested were read for the record. These letters are on file, available to the public and are incorporated as an official part of the minutes: therefore, the secretary has chosen not to summarize the content of each letter within the written minutes. Mike Harris, former owner of Northern Lights Resort and a current member of the Board of Adjustment addressed each variance requested before excusing himself from the balance of this hearing. Because this public hearing has been recorded, is available to the public and has been incorporated as an official part of the minutes, the secretary has chosen not to summarize Mr. Harris s remarks in the written minutes.
Page # 5 Bill Kalar, Land and Resource Director, clarified the requested variances, the roles of the Planning Commission, the County Board of Commissioners, and the Board of Adjustment. Mr. Kalar also addressed density (sites) and boat slip calculations and provided the board members a detailed worksheet as to how the calculations were made, the numbers (sites and boat slips) as authorized by the ordinance/rules and the numbers (sites and boat slips) being requested. A copy of Mr. Kalar s worksheet is on file, available to the public and has been incorporated as an official part of the minutes. Each member of the Board of Adjustment had an opportunity to ask questions of the applicants and to express their views. After discussion and consideration, Thomas Lee made a motion, second by David Wass and carried, with Michael Harris abstaining (Mr. Harris had left this hearing and was not in attendance when the motion was acted upon) to table this hearing per the applicants request until the next scheduled meeting to provide Bill Kalar with an opportunity to perform additional density and boat slip calculations using other calculation methods and to provide the applicants with an opportunity to reconsider the number of sites and slips being requested. July 10, 2014 Meeting The Otter Tail County Auditor s office received a letter dated July 9, 2014 requesting the tabling of this hearing until the August 14 th, 2014 Board of Adjustment meeting. An email from Kevin and Bonnie Wolter and a letter from Donn and Laurel Anderson in opposition to the variances as requested and which were received since the last hearing have been placed on file. After discussion and consideration, Thomas Lee made a motion, seconded by Ward Uggerud and unanimously carried, to table as requested by the applicant this public hearing until the August 14 th, 2014 Board of Adjustment meeting. August 14, 2014 Meeting The Otter Tail County Auditor s office received a letter dated August 12, 2014 requesting the tabling of this hearing until the September 11, 2014 Board of Adjustment meeting. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:15 p.m. Prepared by: Wayne Stein, Secretary The minutes were mailed on Monday, August 18, 2014 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.