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Home My WebLink About03000990524000_Variances_06-10-20091059925 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #_ was filed/recorded in this office for record ori the day of2009 at I b-^ Wendy L(^Met^al^, Coui>ty R 1059925 NltP 1.#by; THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLiCATION FOR VARIANCE COUNTY OF OTTER TAiL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us ,^10 OOApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date AJ,DAYTIME PHONE ^ / f? ~ 7 7<D - -7 V 7^/-?PROPERTY OWNER MAILING ADDRESS Or- re. ■h &iOIDclIILAKE CLASSLAKE NAMELAKE NUMBER AvviT ^Cl\ar\33.33.RANGE TOWNSHIP NAMESECTION TOWNSHIP PARCEL NUMBER E-911 ADDRESS ^(^3 tOa-il Lab Dr. N0‘jM OOP LEGAL DESCRIPTION LoF 3 m I 0-f Wa\1 UU DtV- it I TYPE OF VARIANCE REQUESTED (Please Check) 1Structure Size Sewage System Subdivision Cluster Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. &Ui/e^Cit}fe 'Por /c> ^3 Qile I o-P LUall Or.t:*.n c e /y /u se. !S kt h pine /o4\Tun^ . S /o o niy Acig ?S (j P /o 4^A ro >^cP u.'tfP /'/'s 2oo ft• So, o-P /^y C /g /re<l I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. /?C ^ /o - O^ti SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) f/n.c3Date Of Hearing Time Motion Andrew Bye - Approved the variance application as requested. (7:36 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the variance as described in the variance application dated June 10, 2009. It was noted that the variance as approved is consistent with past actions of the Board of Adjustment in this general area. simenttter Tail County Board ofrman, Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 0407-001 329.512 - Victor Lundeen Company. Fergus Falls. Minnesota July 2, 2009 > Page # 3 Andrew Bye - Approved the variance application as requested. (7:36 p.m.) Andrew Bye, Lot 3 Block t of Wall Lake Development No. 1, Wall Lake in Aurdal Township, requested a variance to have Lot 3 Block 1 of Wall Lake Development No. 1 declared buildable for single family residential use. The lot has ... 95’ of width and 30,978 square feet of area. The required lot width is 200’ of width and 40,000 square feet of area. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the variance as described in the variance application dated June 10, 2009. It was noted that the variance as approved is consistent with past actions of the Board of Adjustment in this general area. ■i Rodney D. Peterson - Denied. (7:38 p.m.) Rodney D. Peterson, part of Government Lot 8, Section 14/15 of Parkers Prairie Township by Horse Head Lake, requested a variance of 76’ 2” (per application) from the required ordinary high water level setback of 200’ for the placement of an addition to an existing dwelling 123’ 8" (per application) from the ordinary high water level. The drawing submitted with the application indicates the setback from the ordinary high water level at 123.8’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion to approve construction no closer to the ordinary high water level than 150’. This motion was withdrawn since the property already has a variance for a 150’ setback. After additional 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 had been shown that would allow for the granting of the variance as requested and the applicant can obtain a reasonable use of his property with the existing variance which provides for construction at 150’ from the ordinary high water level. Robert Dietrich - Denied the variances as requested for the proposed structure and approved the variance for the proposed subdivision as modified with conditions. (7:45 p.m.) Robert Dietrich, part of Government Lot 3, Section 7 of Rush Lake Township by Marion Lake, requested the following; the back lot described in Exhibit A is in the process of being divided into Parcel A1 and Parcel B1 as depicted in the survey drawing filed with the variance application. Applicant requests that Parcel A1 be permanently attached to Parcel A and That Parcel B1 be permanently attached to Parcel B. The back lots allow for nonresidential structures to be built upon them. Applicant will be owner of Parcel A1 and requests a variance of 1T from the current setback requirements of 20’ from the public road right-of-way and the railroad right-of-way (if regulated) and a variance of 2’ from the 10’ side yard setback requirement. Applicant seeks a variance to build a typically-sized garage of 26’ by 30’ on the property labeled as Parcel A1 on the drawing filed with the variance application. Due to the unique shape and characteristics of Parcel A1, this will require a^ variance placing the garage not closer than 9’ from each right of way and 8’ from the side yard boundary. The unique parcel dimensions currently place a practical difficulty, and/or particular hardship on Applicant’s reasonable use of his land. The granting of this variance request would be in harmony with the general purpose and intent of the Shoreland Management Ordinance of Otter Tail County in that other neighboring properties have similarly sized and situated garages in relation to the road. The actual location of the road is only approximately 10 to 12’ in width and located to the most northerly portion of the road easement resulting in a more than sufficient setback from the actual road location. The railroad is located on top of a hill and would not be adversely affected from this requested variance. If granted, the new construction will enhance the essential character of the locality and will provide the applicant with no more than his neighbors already enjoy. Nick Heydt, Attorney, and Darold Woessner, Contractor appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. An email from George and Clelene Bratten in support of the variance as requested was read for the record. After consideration and discussion, Randall Mann made a motion, second by Thomas Lee and unanimously carried, to deny the variances as requested for the location of the proposed structure and to approve the proposed subdivision with the following conditions 1.) that each parcel must have at least 5000 square feet of area, 2.) each back lot parcel must be permanently attached to the lake lots identified on the drawing submitted with the variance applications as Parcel A and Parcel B, 3.) the area contained within the back lots cannot be used when determining impervious surface coverage for front lot development, and 4.) no residential dwelling structures can be placed on the back lots. I (i 1 i J.I:r ,'L1 .1.t. iI1I 1 (J.L,_I .: SCALE DRAWING FORM !}4■t....r “T Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.... I"- to I %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) till:t.. It1 .__4,r-I ri:I qS,oor 1 r fr 1. MM [T I..iIr.!.T. ..L.1. I ..Ml..I...1.! M I I i M I M ' i ! I [ ,.LI ....(..i..1.ij..t[I ..Lrfi •T' -j ..1..4...[..I.[i ■I-t ......1“'i"I 1\ T --f t 'r- 1 ....1 I ! [ [ f 1 .J±i [-!iIi II fII I 1I ..l -* --4TI ! I'!1 I )r '1!..L..I ! 1 I3 [t ..L.t'a4..I....-----f-V .!■! a; ■Jul I iIiIi•j T[■f'.....f-' -r ....:.i..I.... }.r|"T.....I IIT (14 f1..1...1...i"i I I I I Ij • I,I..!....^4...i-f...■I...Ii...rIr "i !-'1 -1t-mi up i.1... /-/ous^I J CD- ^"^'44 r I 19^-?TIIT i.T"I..L I'T'rf)>1 ...^.J i__!o I i::!..._...L IjoI --rI8..L. I■4 .I.r f J —l.j....[.■1..[■ JTI■f -4ti . -I1rI ..j..4..Ii II ),I 1I I ri |.!!.(.I.:L.. .I ITI I :::: [• m■[ •fi _ I -f-4. I]=:■I ....if j I f t“lni ....i ^ i44 i!II..If\[..I1.L1-t r I(, .1II4-.1 1 •f...—J.. h- - 1TI T r1.I-4 iir”~r i 14'4IL:1 Ll-LD-iJ."'i 1.1.1J.iO.:5:TI,I A..T 1 I II1 Iii ......i.t-t I I !»4Owner Date jIa. - BK 0207-329.086..:-Victor.Lundeen,Co Primers Fergus Falls, MN...*....1-80O346-4870•T I IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): A0-70>F|2Structure(s): / Ft2Deck(s): )530 Ft2Driveway(s): / Ft2Patio(s): Ft2Sidewalk(s): / Ft2Stairway(s): / Ft2Retaining Wail(s): c tloct l-\oaS^^ Ft2Landscaping; (Plastic Barrier) Other;Ft2 Ft2TOTAL IMPERVIOUS SURFACE: ^Oill!Ft2LOT AREA: 01^030, i'll X100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO ♦ Notice of Hearing for Variance Otter Taii County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Appiicant and/or applicant’s representative must be present at the scheduied hearing. To Whom It May Concern: Andrew Bye 24863 N Wall Lake Drive Fergus Falls, MN 56537 has 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lot 3 Block 1 of Wall Lake Development No. 1, Property Address - 24863 Wall Lake Dr. N. Section 33, Township 133, Range 42 - Township Name - Aurdal Lake No. 56-658, Lake Name - Wall, Class - GD The variance requested is - a variance to have Lot 3 Block 1 of Wall Lake Development No. 1 declared bulldable for single family residential use. The lot has 95’ of width and 30,978 square feet of area. The required lot width is 200’ of width and 40,000 square feet of area. 'Wayne Stein Board of Adjustment Secretary Date: June 12, 2009