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Home My WebLink About02000230194015_Variances_06-11-2015Variances 2 Barcode 128 (j?- li 1160089 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 06/19/2015 10:01 AM received MAY 2 I 2015 land & RESOURCE O ^CO sun_4;'^ FEE; 46.00 PAGES 7 WELL CERTIFICATE REC'D: N milL&R Initial 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 -ooApplication Fee _ Receipt Number Accepted By / Date 6^^///S~ COMPLETE THIS APPLICATION IN BLACK INK Richard & Kay Herbrandson 701-238-0377PROPERTY OWNER DAYTIME PHONE 620 W Summit Ave Fergus Falls, MN 56537MAILING ADDRESS LAKE NUMBER 56024200 LAKE NAME Otter Tail LAKE CLASS GD 23__TOWNSHIP 134 RANGE 40 AmorSECTIONTOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS02-000-23-0194-013 (&)38638 Eldorado Beach Rd Battle Lake{^ 330^5^0 Elcibfcido (Zj,0-^ OOfy ^3 0/3’ ^/fte Luk^LEGAL DESCRIPTION See Attached Exhibit 'A /Vi I 0^ CiL^ I < t I TYPE OF VARIANCE REQUESTED (Please Check) Subdivision )(Structure Setback Structure Size Sewage System Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Split off adjacent parcel creating a substandard lot with 60' lake frontage and 15,000 square feet of area. Ordinance requires 100' frontage and 20,000 square feet of area. 4 ^ B> /fVp ^'ic^ Lcj>~r ti:72o(occ% ujcc^^ O b L<^T r3' - i S',<■ c «f I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND 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. )5 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) 345 194 • Victor Lundeen Co Printers • Fergus Falls Minnesota ^0/S'iLDate Of Hearing TimeiirvsL Motion Richard and Kay Herbrandson - Denied. (7:08 p.m.) After consideration and discussion, Thomas Lee made a motion, second by Ward Uggerud 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, the granting of the variance would not be consistent with past decisions and would establish precedence. Chairmah/Dtter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No L R^OfficiaVoate' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Leland R. Falck - Variance application approved as requested. (6:57 p.m.) - Continued I could go back further but would have to destroy trees. I don’t want to do that. It takes to many generations to restore. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer, 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, the granting of the variance would not be consistent with past decisions and would establish precedence. This motion failed with Thomas Lee, Jack Rosenthal, Jodi Sazama and Ward Uggerud voting no. After additional discussion and consideration, Thomas Lee made a motion, second by Jack Rosenthal and carried with Paul Larson and Steve Schierer voting no, to approve a variance of 7.5’ from the 20’ maximum allowable height of a non-dwelling for the construction of a 60’ by 102’ storage building having a height of 27.5’ and being approximately 252’ from the ordinary high water level. Those voting in support of this motion noted that the proposed structure would not obstruct the view from the adjacent properties and the size of the applicant’s property. Hardship/practical difficulty is the terrain features of the applicant’s property. ./'Richard and Kay Herbrandson - Denied. (7:08 p.m.) Richard and Ray Herbrandson, part of Government Lot 4, Section 23 of Amor Township by Otter Tail Lake, requested the following; Split off adjacent parcel creating a substandard lot with 60’ lake frontage and 15,000 square feet of area. Ordinance requires 100’ frontage and 20,000 square feet of area. Split Parcels A and B and declare each lot buildable. Each lot will have 60’ frontage and 15,000 square feet of area. Imperv'ious Surface Lot A - 24.42%. Impervious Surface Lot B - 5.09%. Milt Paulson appeared with the applicants at the public hearing. The audience was polled with Jim Bergerson speaking against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Ward Uggerud 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, the granting of the variance would not be consistent with past decisions and would establish precedence. Approximate Break of 5 to 10 Minutes - Donald and Karen Gibson - Variance application approved as requested. (7:30 p.m.) Donald and Karen Gibson, Lots 57 and 58 of Nedberg-Nye Survey Lots of Government Lots 1, 2 and 3, Devils Lake in Edna Township, requested a variance of 7’ from the required road right-of-way setback of 20’ and a variance of 8’ from the required ordinary high water level setback of 75’ for the placement of a 26’ by 40’ garage 13’ from the road right-of-way and 67’ from the ordinary high water level. The audience was polled with Nate Tobkin speaking for the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 7’ from the required road right-of-way setback of 20’ and a variance of 8’ from the required ordinary high water level setback of 75’ for the placement of a 26’ by 40’ garage 13’ from the road right-of-way and 67’ from the ordinary high water level. Hardship/practical difficulty is a substandard lot of record. The proposed development is behind the dwelling and away from the lake. The proposed development is similar to other development within the immediate area. The variances as approved will provide the applicants with a reasonable use of their property. The variances as approved do not directly or indirectly grant any other variances for the proposed development. PaeeI 3 IMPERVIOUS SURFACE CALCULATION List & identify ^1 easting & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): /S? O :DateSignature Other Impervious SurfaceBuildings Existing ProposedProposedExistingFt^Ft^Ft^Ft^ Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed Driveway(s)WOAS ^ OParking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier)f.hiJi-(Lsn< rccjT~Miscellaneous ^>0 uTOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Lot Area Impervious Surface Ratio TotalExisting Proposed Ft^Ft^Ft^Ft^Total Buildings I Lp=1 ^6 I ^100+■t-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio TotalExisting ProposedTotal Buildings + Other Impervious Surface Ft^Ft^Ft^Ft^ iC^ C/o 0 ■ O '^ o ?100+X= Impervious Surface Calculation Worksheet 03-25-2014 SCALE DRAWING FORM <9^-OC>U ~ Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). Scale /(Ih /4 Urr ' fT fAUdCZ. ' o i pi i r if IZ —— /e>^ ..L !l(o ^ \ j K>i ^0<f<4:0 (9(T, ^ ' X- / !T Signature of Property Owner Date BK — 032014 354.120 • Vicic* Lurxi«en Co. Pnntais • Fergus i^alls. MN * 1-800-316-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. .r,CC> O :> / "7Lot Area (ft^):Date:Signature: c,^Other Impervious SurfaceBuildings <✓> ProposedExistingProposedExisting Ft^Ft^Ft^Ft^ C/7^Deck(s)Dwelling ^ faPatio(s)Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed 90 ODriveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous i u '70 S o1 7 TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaTotalExisting Proposed Ft^Ft^Ft^Ft^Total Buildings OO o\u//T(fV 100+-5-X= Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio TotalExistingProposedTotal Buildings + Other Impervious Surface Ft^Ft^ Ft^Ft .-pH 100X+ Impervious Surface Calculation Worksheet 03-25-2014 Notice of Hearing for Variance m Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTT€R TAH Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Richard and Kay Herbrandson 620 W Summit Ave Fergus Falls, MN 56537 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, June 11, 2015 at 6:30 p.m. 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 part of Government Lot 3, Property Address - 33650 and 38638 Eldorado Beach Road Section 23, Township 134, Range 40 - Township Name - Amor Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - the following; Split off adjacent parcel creating a substandard lot with 60’ lake frontage and 15,000 square feet of area. Ordinance requires 100’ frontage and 20,000 square feet of area. Split Parcels A and B and declare each lot buildable. Each lot will have 60’ frontage and 15,000 square feet of area. Impervious Surface Lot A - 24.42% Impervious Surface Lot B - 5.09%. Wt^ne Stein Board of Adjustment Secretary May 22, 2015 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 26th, day of May, 2015 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Richard and Kay A Herbrandson, 620 Summit Ave W, Fergus Falls, Mn 56537 Brenda L Hildebrand, Amor Twp Clerk, 30411 Amor Park Rd, Battle Lake,MN 56515 Otter Tail Lake Assoc., OTLPOA, PO Box 21, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richvilie, MN Jack Rosenthal, 150 Willow Road, Ottertail, MN 56571 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, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: May 26, 2015 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud RYAN SCOTT BECKEN ET AL ATTN PEDER BECKEN 147 RAINBOW STW DULUTH, MN 55811 2008 PETER G & CARL A BAROTT 5137 DUGGAN PLZ MINNEAPOLIS, MN 55439 1452 TRENTJ& BETH ABAALKE 5920 COUNTRY CLUB PKWY SAN JOSE, CA 95138 2302 KEITH D & BEVERLY A BRANDT 38560 ELDORADO BEACH RD BATTLE LAKE, MN 56515 9357 CYNTHIA DEAN 38748 ELDORADO BEACH RD BATTLE LAKE, MN 56515 9358 JAMES R & MARILEE J BERGERSON 5100 BIRCHWOOD CT NW ALEXANDRIA, MN 56308 8071 RICHARD & KAY A HERBRANDSON 620 SUMMIT AVEW FERGUS FALLS, MN 56537 2017 DEVIN GEMELLI 38860 ELDORADO BCH RD BATTLE LAKE, MN 56515 9359 CORRINE KAVANAGH FEDJE ETAL 17026 CLEARSPRINGTER MINNETONKA, MN 55345 4317 THOMAS & WANDA HOGNESS 8195 147TH AVE SE MILNOR, ND 58060 9107 JAG II LLC 580BARLEYRIDGETRL FREEPORT, IL 61032 2825 JAMES PATRICK & LINDA K HILLEY PO BOX 774 FERGUS FALLS, MN 56538 774 PROFFUTT LTD PARTNERSHIP PO BOX 7160 FARGO, ND 58109 7160 ANN L MATHISON 22691 BIRCHWOOD ESTATES LN FERGUS FALLS, MN 56537 4517 JAMES W NYE 38574 ELDORADO BEACH RD BATTLE LAKE, MN 56515 9312 RICHARD C & JOYCE L SNYDER 2810 25TH AVE SW FARGO, ND 58103 5004 MltCHEL & TINA MARIE RYDLAND 4036 WASHBURN AVE S MINNEAPOLIS, MN 55410 1142 THOMAS D SILVERBERG 8108 PORTLAND AVE S BLOOMINGTON, MN 55420 1319 JAMES & DAVID VELLENGA 17250 97TH ST SE HANKINSON, ND 580419764 MAUN & CHERYL STAKSTON 4005 127TH TRL SAVAGE, MN 55378 1583 V /: :’0