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HomeMy WebLinkAbout60000990287000_Variances_10-01-2009O^FtCEtiF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify 547 this instrument #_L_-------------1- was filed/recorded in this office for recqr^n the_U 1064547 day of 2009 at 10'^ ^recordii^ ^ well certifij^^ 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 00Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Amj ^-/c-i>1 DAYTIME Accepted By / Date 0^'er/(^ tJu^I^ OJ^f^ MJ99 Drti L^ 5'fM^ S^SO^ ~7rn /Vi PROPERTY OWNE MAILING ADDRESS Rnnumber3“6LAKE LAKE NAME _______LAKE CLASS ry?u ^ /A7 131SECTIONTOWNSHIP RANGE TOWNSHIP NAME PARCEL . . „ ^NUMBER ^ OOOO 3**7 D {P/O E-911 ADDRESS !H fts y, ibv-r Dr IUC daltoaj rvjAJ S63^y LEGAL DESCRIPTION CoL.rvA|0/c>/ 2 3 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size Sewage System X Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION, tCculci I " oar Ok\ /a^<? ^cie , So Co/- c^s-W-W nonces, ^ iV SM bAc-k: i/ctytu>v:e c(\ 7S ' '('i Oj^LxjL.ror^ 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. ■yria^/SLcJ^ 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) 7/i'r/n/Date Of Hearing Time Motion Mark Overline and Michelle Olson - Approved as modified with a condition. (7:18 p.m.) After discussion and consideration, Randall Mann made a motion, second by Thomas Lee and unanimously carried, to approve the proposed development being no closer to the ordinary high water level than what would be permitted by the building line as established between the Kelly property and the Newell property with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. oapd ofAdjustmenthairmoun Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No /0/5,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 October 1,2009 Page # 4 Mark Overline and Michelle Olson - Approved as modified with a condition. (7:18 p.m.) Mark Overline and Michelle Olson, Lot 23 Camp Tynset, Ten Mile Lake in Tumuli Township, requested the following: We would like our house to set even with our neighbors on the lake side, So our view is not obstructed by their homes. Approximately 24' into the 100' setback. Requesting a setback variance of 76’ from the ordinary high water level. The audience was polled with Keith Sellner speaking in support of the variance as requested. A letter from Ann and Norm Newell in support of the variance as requested was read for the record. A letter signed by 27 individuals in the neighborhood in support of the variance application was also read for the record. After discussion and consideration, Randall Mann made a motion, second by Thomas Lee and unanimously carried, to approve the proposed development being no closer to the ordinary high water level than what would be permitted by the building line as established between the Kelly property and the Newell property with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. Al Buckmeier-Denied. (7:30 p.m.) Al Buckmeier, Lot 2 Otter Tail River Park, Otter Tail Lake in Everett Township, requested the following: Parking of approximately 15 vehicles on current grass (lawn) in back and front of existing building. Cars will be staff cars of Zorbas employees to free up parking on existing Zorba parking lot adjacent to the subject property. Impervious coverage is 35%. Maximum allowable per Shoreland Management Ordinance is 25%. Thomas Hanson, majority owner of Zorbaz appeared with the applicant. The audience was polled with Trent Mahler, Attorney for Bernie and Shirley Mahrer, and Paul Kinn speaking against the variance as requested. Letters from Richard West, Otter Tail County Highway Engineer, and William Paape in support of the variance as requested were read for the record. Letters from Rick and Janet Bleichner, Chuck and Cheri Sherbrooke, Agnes Macal, Marcia Williams, Tom and Patricia Kinn, and Gary Peterson in opposition to the variance as requested were read for the record. A letter from Trent W. Mahler, attorney for Bernie and Shirley Mahrer, was not read at the hearing, but was placed on file for the permanent record. After considerable discussion and consideration, Thomas Lee made a motion, second by Steve Schierer to approve the variance as requested with the condition that the garage depicted on drawing submitted with the variance application must be removed and a berm must be installed to prevent water (runoff) moving from this property across County Highway 72 and into Otter Tail Lake. The motion to approve failed with Michael Harris, Paul Larson and Leona Zimmerman voting no; therefore, the variance application has been denied. Laurie Mullen - Tabled. Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a variance of 5’ from the required side lot line setback of 10' for the extension of the existing breezeway 14’ toward the lake, and 2.) a variance of4T from the required ordinary high water level setback of 100’ for the placement of an 8’ by 6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant's verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line variance as requested as the applicant has adequate room to place the structure 10' from the side lot line. July 2, 2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August 6, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1,2009 meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting - Prior to the October 1, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the November 5, 2009 meeting. No action was taken by the Board. County Attorney Request and Update - David Hauser, County Attorney, discussed the Stadsvold mediation scheduled for Monday, October 12, 2009 at 10:00 a.m. in Wadena. Mr. Hauser requested participation and attendance by some of the board members. It was decided that Paul Larson, Randy Mann and Steve Schierer would represent the Board of Adjustment at the mediation. Mr. Hauser also reviewed and discussed recent County Board action regarding wind towers. l-l-.1.1-1 4-4-'-I .....:1 -.4-41 l-j-U-i 4 :Xi.;4 -:-X4'-t i 1, Jj. . .r-'-! i Lr !!i...I.I■JL r11. ‘f-"h t...i....■....f...T"'T ■■■-1-.. fe^aoo 62^7 OOP \_ Tax Parcel Nunnber(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. ii zi-Sz *%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) !1..14"’-1-f- .4,. I f■I .4 4 G I-I ^4 I f -\r..f.jllG 'j\-I -■ f- f-4 f 1 '■} I.4 r- I [4T r"I.[rr TIJII1I.I T V■—r 4-Ii- Z (Nj....t 4.I I f .1 dlp^p^r4y((^gjiTIrp/-i ftOJ.t .1.1 r _i/2kI ^54 1 ' t I Itj rij-m i - 1 I ”” rr II-1.r!-•t I1 I.1-.1 i__.rrp|_; __I-^ ,■rI :G._-4. IrSieri(/:4Z4t 4XXZ\1 G/i-t:P mm -i.i. !\•I _]v ■-}r- r..."i ji-j. 44-‘••'Pi- j |-{--r!J1 . 1*^^"" "g|—^^^ ..........................[ :■ ■. 4^- 'I 44 4I Bj-isBikif i-i- tt lG8 J '*;3.G.1 Io%IyG. I 1--^IIIIIif-Llt I II4-i .1.-1 4.~^i I Mu 4zH....H f [ I i ®EO GG114 4':■SJT/hct-I f6 ■ /?j"■j..f-Lriit...I l !,[I r•I r G ^I[G"r+-I-44Z-,: -t-l- r.7zM5:4i 4 i!4t-4- 4-■ !4■..i....[..t'I J -; I-i I--!.... ....I4■f G-J-IG-4f-T"lLT I-5.iJ 1I-I I !T1..-i -iZ-XL ir!erty (iwn'er -4—1 [........ ' i 1 i.t.r..........G4^ ^ 4 r II !iV 1 ' Date I 4'IT i - j-^ghatu|e-pf'Pi|>p|erty-(..! i -l"r f I'4 I Victor Lundeen Co; Priniws-GFefQDS Ijalls, MN-p..1-8 1-.....^ -4—......BK-H0207-1 j5-329.086 00-346-4870 )H (I ;.....I IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces fmust be shown on scale drawing): ■ZIM F.^Structure(s): Deck(s): SSR' Ft2Driveway(s): Ft2Patio(s): iz Ft2Sidewalk(s): 96 Ft2Stairway(s): Ft2Retaining Wail(s): Ft2Landscaping; (Plastic Barrier) Other:Ft2 2,97? \Z0Z3 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: 2979 = .2/77n.ozj,.%X 100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE /V-- V \ White — Office Yellow — Owner Pink — Township APPLICATION FOR VARIANCE FROM Requirements of Shoreland Management Ordinances Otter Tail CountyTTVfTnneiata ~n Last Name 0\itner:Phone NoFirstMiddle ^TTLt;ilVv>.» Street & No.City State Zip No. PtsJjLc^ nCJL.Lake No. ^ /■SLegal Description:Lake Name Lake Class y Twp. ^S ^^7^LL<ryuiZj'jSec.Range Twp. Name. If applicant is a corporation, what state incorporated in____ Applicant is: P-d^wner ( ) Lessee ( ) Occupant ( ) Agent List Partner's name and address below:Is Applicant a partnership yes or no NAME, ADDRESS AND ZIP NO.NAME, ADDRESS AND ZIP NO. This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditons found in Lwhat Section of the Ordinance:________ EXPLAIN YOUR PROBLEM HERE- . r\ C5y~% ~To^ ft—| f^CraJC^ Crn-d-«— • o?‘^V<Ju* j ~ sJjZx^ WAXyr\ In order to propeny evaluate the situation, please ptovide as much supplemyi plans, information about surrounding property, etc. _-c<D OlA -LT -co-C^=:K Uj JUA*. :jtCi tXf^uuLc^ aps, -Li&jc 'HjuaX^h^x. tary information a^ossible, such as: ma' »KJi *S ^ - j4 .X Z )Application dated. Signature of Applicant — DO NOT USE SPACE BELOW— 19.^15"Date application filed with Shoreland Management Administratioa Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) BothTN*) Filing acknowledgement By Signature y Q fivh. Q'Tuixi /zo - , 19 V^WITH THE FOLLOWING Date, time and place of hearing y-6kDEVIATION APPROVED this______ (OR ATTACHED) REQUIREMENTS:7day of_ PjUxvLot . CLry^ <Q f < Advisory Corrrmto^n IajSignature Chairman Otter Tail Plannii Deviation Approved this 19_^By.V/)7day of. Malcolm K. Lee, Shoreland Management Administrator Otter Tail County, MinnesotaMKL-0871-016 171988-A® VICTON LUMftCCM 00.. PRIHTCM. rillOUO rM.1.1. WINN. Otter Tail County Planning Advisory Commission County Court House Fergus Falls, Minnesota 56537 May 8, 1975 H. H. Strehlo Dalton, Minnesota 56324 Dear Mr. Strehlo: This is to inform you that at the May 7, 1975 meeting of the Planning Commission a motion was passed to deny the addition to the boathouse and approve the garage 5 feet from property line. Enclosed find copy of approved variance form. Please be advised that a building permit is required before construction commences from the Land & Resoure Management office. Sincerely, Onr> Malcolm K. Lee Acting Secretary OTCPAC Imb Enclosure I MAY 711975PLANNING COMMISSION MOTIONS Situation: By: 2nd By: Motion: Voting:Yes No Abstain Beck Christianson Eifert^ . . Malmstrom Davis Es tes Ryan Snowberg D. Nelson Delzer Totals V/itnesses: CodeCode Otter Tail County Planning Advisory Commission County Court House Fergus Falls, Minnesota 56537 y- //- Ys'Date: F ’4i- w NOTICE OF HEARING U'I/. S'bixA Lq h>aJbti3r, , To: I 19 y<TRe: Your Application for Variance Dated. The Otter Tail County Planning Advisory Commission Board of Review will assemble for their hearing on >y ’6a.day ofthe above mentioned application for Variance on the. Time: -dc ^ M 7 Place: P•Coo A-n(C (2. s'ss^sz YTOnl^J^ l/ M^ALCOLM k7lEE, Secretary, -O Otter Tail County Planning Advisory ComrrTTs^n MKL-0871-013 159104 (g)Victo* LUNMta A CO.. OKIiTKOO. fCIOUO FM.1.0. yiKO. Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone 218-739-2271 Court House Fergus Falls, Minnesota 56537 MALCOLM K. LEE, Administrator April 1975 H.H. StrehloDalton, Minnesota 5532U Dear Mr. Strehlo: Enclosed find "Addendum to Application for Variance" form. Would you please complete this form and bring it along with you to the Planning Commission meeting, or mail it to our office. Thank you. Sincerely, Linda Bergerud Land'& Resource Management Imb Enc. SHORELAND MANAGEMENTORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE SOLID WASTE ORDINANCE SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION