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HomeMy WebLinkAbout02000990309000_Variances_04-12-2018Variances Barcode 128 M-12-2.018 Date Stamp 1205011 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 04/17/2018 11:54 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N RECBVEDr--LOo l-LB 09 20t0 LAND&'€SOWCf CO CO <aD L&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 '/wacA‘3 P)Akvet-, #SOO.CQApplication Fee Receipt Number '2X>\ ^ - (03 Accepted By / Date iS. COMPLETE THIS APPLICATION IN INK ^ RqIqj VO ^ ' /W. g ■ OUe/'icLil Pli^yvu)L;TK I yvuO _____ ______LAKE CLASS iW. DAYTIME PHONEPROPERTY OWNER \U(elOMAILING ADDRESS LAKE NUMBER LAKE NAME UOSECTION TOWNSHIP RANGE TOWNSHIP NAME PARCELNUMBER O^A^^O^OjOOCi 'COO E-911 ADDRESS LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback/^WECS Misc.Structure Size Sewage System Subdivision Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We would like to request a Variance of 8 feet from the lot line so that we are able to build our garage 2 feet from the lot line. 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. 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) Date Of Hearing Time Motion Paul and Robyn Bakken - Denied (7:05 p.m.) After discussion and consideration. Rod Boyer made a motion, second by Darren Newville and carried with Steve Schierer voting no, to deny the variance as requested as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested and other alternatives not requiring the granting of any variances or the granting of lessor variances exist and those alternatives would provide the applicants with a reasonable use of their property. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No AmukR Official/Date ^Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 08232017-001 364.738 • Vidor LuncJeen Co., Prir>ters • Fergus Falls, MN • 1 •800-346-4870 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 12, 2018 The Otter Tail County Board of Adjustment met Thursday, April 12, 2018, with the following persons in attendance: Rod Boyer Steve Schierer Denise Gubrud, Land and Resource Management Kurt Mortenson, Assistant County Attorney Thomas Lee Darren Newville Kenneth Vorderbruggcn Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.in. Minutes Approved - fhe Board of Adjustment approved the minutes of the March 8, 2018 meeting as mailed. The Board of Adjustment considered the following applications for variance: Jyles A Moltzan - Variance application approved as modified. (6:32 p.in.) Jyles A. Moltzan, Lot 1 Silent Point, West Silent Lake in Dora Township, requested the following: The substandard lot carmot meet normal setback, fherefore, 1 need a variance to place an 8’ by 36’ self-contained camper on lot 45’ from shoreline, 38 to 40’ from road and 8’ from south lot line. 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 Thomas Lee and unanimously carried, to approve the placement of an 8' by 36’ self-contained camper at least 10’ from the side lot line, at least 20’ from the road right-of-way and at least 50’ from the ordinary high-water level. Hardship/practically difficulty is a substandard lot of record, water on two sides of the property and the placement of the road. The variance as approved does not directly or indirectly grant any other variances for proposed or future development of Lot 1 Silent Point. Mitchell and Roberta I'umpkins - Denied (6:45 p.m.) Mitchell and Roberta I ompkins. Lot 14 Block 1 Oak Shores, Buchanan Lake in Rush Lake Township, requested the following: Proposed 15’ by 32’ addition onto existing cabin will have one comer (NL) of addition being 6’ from east property line. Also, SE comer of addition will be 70’ from high water mark. The audience was polled with Brian Wittich speaking for the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Darren Newville and can ied with Steve Schierer and Kenneth Vorderbmggen voting no, to deny the variance as requested as no adequate hardship/practical difficultly unique to the property had been shown that would allow for the granting of the variance as requested, a reasonable use of the property can be obtained without the granting of the variance as requested and it was noted that the proposed placement is to close to both the side lot line and the ordinary high water level. Those voting against denial noted the shape of the lot and the placement of the existing structure as reasons to consider granting some relief from the required setbacks. Paul and Robyn Bakkcii - Denied (7:05 p.m.) i Paul and Robyn Bakken, Lots 8 and 9 Augustana Beach First Addition, Otter Tail Lake in Amor Township, requested the following: We would like to request a variance of 8’ from the lot line so that we are able to build our garage 2’ from the lot line. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration. Rod Boyer made a motion, second by Darren Newville and carried with Steve Schierer voting no, to deny the variance as requested as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested and other alternatives not requiring the granting of any variances or the granting of lessor variances exist and those alternatives would provide the applicants with a reasonable use of their property. John Ferguson - Variance application approved as modified with a condition. (7:20 p.m.) John Ferguson. Lots 3 and 4 Clear Beach Resort, Fish Lake in Aurdal Township, requested the following: Variance for setback of dwelling, driveway, shed and parking. Proposing to place structures 40’ from ordinary high-water level, required setback is 200’. Requesting 2,672’ for building and impervious surfaces within the shore impact zone. Prior approval for 850’ at June 8, 2017 Board of Adjustment meeting. Rachel Ferguson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. Page I 1 SCALE DRAWING FORM 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 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings ProposedExistingProposedExisting Ft^Ft^Ft^Ft^ Deck(s)Dwelling <Q5'oo Patio(s)Attached Garage Sidewalk(s)I MDetached Garage /9;iO Landing(s)Storage Shed Driveway(s)l&OOWOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous 3ll(,QIUaaooTOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Total Lot AreaExisting Proposed Ft^Ft^Ft^ Ft^Total Buildings M3 357aaoo I)., 3IIJ100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Total Lot AreaTotal Buildings + Other Impervious Surface Existing Proposed Ft^ Ft^Ft^ Ft^ IT/HA 3S15-7/3 gs-iu . n I 100+X-r Impervious Surface Calculation Worksheet 04-11 -2016 Date 3-/-AS i g natu re To:Andrea Perales, Permit Technician Raul & Robyn BakkenFrom: Side Yard Variance Request - 36462 Augustana Drive, Otter Tail Lake, MNRE: February 28, 2018Date: Reason For Variance/Hardship - Our lot is approximately 120 feet wide and we are requesting a variance to build within 2 feet of our western property line so vehicles can adequately turn into a new garage. Given the lot angles, the true or effective distance between the property lines is 116 feet drawn perpendicular between the east and west property lines. Due to existing site limitations of our neighbor's driveway encroachment and drain field, we are requesting a variance to within 2 feet of the property line. Our neighbor to the east currently encroaches onto our property by 14.5 feet for his driveway. The area of encroachment is identified on the attached survey. By using 14.5 feet of our property, this allows our neighbor a 44 foot turning distance so he can navigate the turn into his garage. Adjacent to this driveway encroachment area is a new drain field which was constructed when we com­ pleted our cabin expansion a couple of years ago. We had an existing drain field in the NE corner of the property but we were required to abandon the existing drain field and construct a new drain field at the highest point on the site which is adjacent to the encroachment area. After construction of a new drain field, our landscape contractor put rock boulders around the drain field in an approximate area of 24 feet wide by 60 feet long. Below are the limitations on the 116 foot site: Overall Width 116 feet perpendicular across site (120 at the angle) Less: Encroachment Less: Drain field Less: Our Turning Radius Less: New Garage Depth 14.5 feet 24.0 feet 46.0 feet 30.0 feet 1.5 feetRemaining: Wi f; ^ ■ - i' ■ i ■ I/" '-.*; 1-^ ' *SE 1^. ^ / 'Si'.; % i’t uiiuil'ni.I i I 1 . I I[%]D@© fifliOT7g^1ff?^\WoHft^[rnJTnl(temgnrii1frfT]ffefnYo^i)f^^ ©©QOuCit RiOD@© Q©6(o](pMiiiIgM^©®lfe@G©®Qfl[][]Q(itl®m X '■ liHi!ifi nmls!hJbHifili44.Q- »-o* s cd»-Q‘03 1Ct, g.X)o 5 » rn !u SIP K 1 I ^£ I‘P 2 ^ u Mi;3M'-0‘m IPlanThis drawing, in design and detail is the property of Builders FirstSource @ Fergus Falls, MN and shall be used only in connectioa with their work, all rights reserved. Any copy or reproduction of this drawing, in part or total shall be prohibited without written permission. s 3o IIPouglaa O. LaraonBy:,31Date:.Tutettj. ^^tor*tTi 7T. 30t« □[□IS' il Pi mlaIW-I: LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US OTTER TAIL COUNTY OTTCR Tflit GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-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 1^^ & MARCH 31^'^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my ), describedproperty/project (Tax Parcel # 0Z0CO9963Xi&0o/^ Application(s) datedon 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). DATED PROPERTY OWNER LR: Forms; Waiver 60 Day Rule 02-21-2017 Notice of Hearing for Variance f 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.us T-" OTTCR Tfillfl»aarr-aiatiieTa Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Paul and Robyn Bakken : 16610 45*'^ Ave N Plymouth, MN 55446 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, April 12, 2018 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 Lots 8 and 9 Augustana Beach First Addition Property Address - 36462 Augustana Drive - 56515 Section 28, Township 134, Range 40 - Township Name - Amor Lake No. - 56-242, Lake Name - Otter Tail, Class - GD The variance requested is the following: We wouid like to request a variance of 8’ from the lot line so that we are able to build our garage 2’ from the lot line. Wayne Stein Board of Adjustment Secretary March 22, 2018 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 March, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: . Paul & Robyn Bakken, 16610 45*'’ Ave N, Plymouth, MN 55446 Brenda L Hildebrand, Twp Clerk of Amor, 30411 Amor Park RD, Battle Lake,Mn 56515 Otter Tail Lake Assoc., 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 HVVY 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 bf 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 Darren M Newville, 614 6*'’ St NE, Perham, MN 56573 Rod Boyer,' 51127 E Wymer LK RD, Frazee, MN 56544 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: March 26th, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment . By: Vi Manderud CORRrNE S ASTRUP STS ' 700 1ST DR NW APT 358 AUSTIN, MN 55912-3092 ROBERT CHRISTENSEN 24736 STATE HIGHWAY 78 BATTLE LAKE, MN 56515-9149 PAUL G & ROBYN L BAKKEN 16610 45TH AVEN PLYMOUTH, MN 55446-2038 DON & SUE'S LLC 36432 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 JENNIFER CHRISTENSEN CIKANEK PO BOX 3346 GRAND CANYON, AZ 86023-3346 JOSEPH & JENNIFER ECKERT 9218 ARBOR BRANCH DR DALLAS, TX 75243-6308 GARY & MICHELE FAM KEZIOR FAM TST 1024 E5285S OGDEN, UT 84403-3904 HOWARD & BARBARA MAKI 36420 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 KEITH & OLIVIA MELROE 20169TH STS MOORHEAD, MN 56560-3645 DAVID D SPIES 36408 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 JOEL E & TAMRA K SIREK 1655 PRAIRIEWOOD CT WAHPETON, ND 58075-3134 LANDON JR PETERSEN 36468 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 JANICE SPIES 36408 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 GARY & SHARON SPIES 2806 LAKEWOOD DR FERGUS FALLS, MN 56537-3956 DAVID D & JANICE SPIES 36408 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 SUSAN ANN SWENSON TSTEE 36432 AUGUSTANA DR BATTLE LAKE, MN 56515-9346 JOAN VOGEL TSTEE 3840 RIMROCK RD APT 1104 BILLINGS, MT 59102-124 DONALD C SWENSON 36432 AUGUSTANA DR BATTLE LAKE, MN 56515-9303 ZIMMERMAN TST , 6905 EDENVALE BLVD EDEN PRAIRIE, MN 55346-2510 / OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USOTTER TAIl GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 February 9, 2018 Mr. Paul Bakken We received your application for a Variance on 2/9/2018.1 am returning the application as I need more information to process the application. I will need to know how much of a Variance you are requesting. The setback to a lot line is 10 feet. Please indicate how close you are wanting to be to the lot line. The scale drawing needs to show all the setbacks on the lot. I will also need the dimensions of the proposed garage. You will need to indicate the hard ship as to why you are not able to meet the required setbacks. I am also sending the impervious surface calculation sheet. We will need to know what your lot.is currently at and where you will be with the proposed new garage. If you have any questions, feel free to give our office a call. Thanks, Andrea Perales Permit Technician OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER LAND & RESOURCE MANAGEMENTPUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US OTTER TAIL COUNTY GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-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 1^^ & MARCH 31^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # Application(s) datedon my Since this is the case, it may not be possible for Otter Tall County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: 9 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 Appllcation(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 rny Appllcation(s). DATED PROPERTY OWNER LR: Forms: Waiver 60 Day Rule 02-21-2017 .e Stamp REGEWH) t-EB 09 20» liiNDSBESOfiBeC L&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 4500 <0Application Fee COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date \tg(g[Q • A • ptuwu)j4Ki yvifO OMe/'+oAl PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS LAKECLASSLAKE NUMBER LAKE NAME SECTION TOWNSHIP RANGE PARCEL NUMBER Ot-iW. tio TOWNSHIP NAME 'Wo E-911 _ADDRESS LEGAL DESCRIPTION 9- am* TYPE OF VARIANCE REQUESTED (Please Check) structure SetbackX Structure Size Cluster WECS Misc.SubdivisionSewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Aike it) dif /J tfeaP -io i>^ Ad /V ujohA i UNDERSTANDTHAT 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. 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