HomeMy WebLinkAbout35000990473000_Variances_11-01-2007Variances
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1029230
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that ^ f' >o-
this instrument it ‘230
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
COMPLETE THIS APPLICATION IN BLACK INK
Application Fee
Receipt Number MM___
P A G<2 lYW Civ. ^ ICVPROPERTY OWNER
MAILING ADDRESS 3 'SS'y / /^O CZ Ly
LAKE NUMBER LAKE NAME _
9.1 TOWNSHIP /5</SECTION___
PARCEL NUMBER 3
----w ------------sS j
RANGE TOWNSHIP NAME / c:^
Accepted By / Date 10|HI07
DAYTIME PHONE ^ - 7/
H <- /yj/^ 6(p535^
LAKE CLASS _ .Ah__
‘?9d Ay.^oohJ- b‘j7^/cQ E-911
ADDRESS Tjr9 Rh
LEGAL DESCRIPTION
Pi bo ^
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback Structure Size___Sewage System____ Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. , A/ A i a/, tA Ao 4l.f d>h
',n a r-Je r 4^ ^ ;? 5 > 74 '
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 REOUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
^ A-d) T
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The DateYTime Of Hearing)
SCANNED
Date Of Hearing /\^(Nejrr\ /, cPO^*y Time
Motion
Ronald Germain - Approved as modified with conditions. (6:57 p.m.)
After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve
the placement of the proposed dwelling no closer to the ordinary high water level then what would be permitted by the application
of the building/site line (a line determined from the front of the main dwellings on the adjacent properties) with the condition that
the proposed development must be located outside of the shore impact zone and with the condition that no more than 25% of the
eligible lot area can be covered with impervious surfaces. It should be noted that an assumption was made that the building/site
line will place the proposed development at least 50’ from the ordinary high water level; however, if this is not the case the
proposed development must be placed outside of the shore impact zone.
an/OtterTail County Board of Adjustment
Permit(s) required from Land & Resource Management
^ Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR //(s/07
ifficial/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls. Minnesota
J
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
« Thursday, November 1, 2007 - ^
The Otter Tail County Board of Adjustment met Thursday, November 1, 2007, with the following persons in
attendance;
Michael Harris Paul Larson Randall Mann
Steve Schierer Carl Zick
Heather L Brandborg, Assistant County Attorney
Mark Ronning, Land and Resource Management
Called to Order - Randall Mann, 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 October 4, 2007 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Robert and Teresa Blatti - Approved Alternative Option #2. (6:33 p.m.)
Robert and Teresa Blatti, part of Reserve Lot G Dursch’s Silver Bay, Silver Lake in Everts Township, requested the
following: 1 - Preferred Option #1 - (28’ by 32’ addition to dwelling) will be built within the shore impact zone, does
not pass the string test and will not meet lot line setback requirements by 3 to 5 feet, but will be even with existing
dwelling and adjacent dwelling, 2 - Alternative Option #2 - (22’ by 32’ addition to dwelling) will be built within the
shore impact zone, does not pass the string test, but will meet the lot line setback requirements and will be even with
existing dwelling and adjacent dweliing. The audience was polled with no one speaking for or against the variances as
requested. After consideration and discussion, Carl Zick made a motion, second by Paul Larson and unanimously
carried, to approve “Alternative Option No. 2 as described in the variance appiication dated September 26, 2007 and
as described and depicted on the drawing submitted with the variance application with the condition that the items
described on the drawing (written in blue) for removal must be removed. The variance as approved will provide the
applicants with a reasonabie use their property and the abiiity to enjoy the same rights and privileges as others in this
immediate area. Hardship is a substandard lot of record.
Margaret Rogness - Denied. (6:45 p.m.)
Margaret Rogness, part of Government Lot 6 Section 12 and part of the Northwest Quarter of the Northeast Quarter
Section 13 of Maine Township by Pickerel Lake, requested a variance of 32’ from the required lot line setback of 50’
and a variance of 19’ from the required ordinary high water level setback of 100’ for the placement of 26’ by 44’
garage 18’ from the lot line and 8T from the ordinary high water level. Joe Rogness appeared with the applicant at the
public hearing. The audience was polled with no one speaking for or against the variance as requested. Letters filed
by the applicant with her application from Kyle and Carolyn Kutzer, Jim and Carol Peterson, Donna and Wendell
Mongeon and Lee and Lavonne Rogness in support of the variance as requested were noted for the record. After
consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to
deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for
the granting of the variance as requested and noting that the applicant has adequate room to legally locate a
reasonably sized garage that would provide the applicant with a reasonable use of her property.
I^onald Germain - Approved as modified with conditions. (6:57 p.m.)
i
Ronald Germain, Lots 5 and 6 Arbor Lane, West Leaf Lake in Leaf Lake Township, requested a variance of
approximately 50’ from the required ordinary high water level setback of 100’ for the placement of a 25’ by 76’
dwelling approximately 50’ from the ordinary high water level. The audience was polled with Raymond Suess
speaking for the variance as requested. A letter from James and LouAnn Peterson, Estelle and Duane Amundson,
Carol Amundson, Kathy Wagner and Rick and Joanne McCartney in opposition to the variance as requested was
read for the record. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and
unanimously carried, to approve the placement of the proposed dwelling no closer to the ordinary high water level
then what would be permitted by the application of the building/site line (a line determined from the front of the main
dwellings on the adjacent properties) with the condition that the proposed development must be located outside of the
shore impact zone and with the condition that no more than 25% of the eligible lot area can be covered with
impervious surfaces. It should be noted that an assumption was made that the building/site line will place the
proposed development at least 50' from the ordinary high water level; however, if thisjg,nolttie cas^ttieiBCQPOsed
development must be placed outside of the shore impact zone.
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Structure(s):
Deck(s):
Driveway(s);
Patio(s):
Sidewalk(s):
Stairway(s):
Retaining Wall(s):
Landscaping:
(Plastic Barrier)
Other:
Ft2
Ft2
Ft2
Ft2
Ft2
Ft2
R2
Ft2
Ft2
TOTAL IMPERVIOUS SURFACE:
LOT AREA:
0 b .
TOTAL IMPERVIOUS SURFACE
Ft2
____9.^o Ft2
9s^<^ = gP / X100 = ^ ^ ^
LOT AREA IMPERVIOUS SURFACE RATIO
%
0® 2
October 18, 2007
OTTER TAIL COUNTY BOARD OF ADJUSTMENTS
We, as neighbors and land owners on West Leaf Lake, have nothing against the Germains.
We do feel, however, that they need to comply with the law (string line test, setback, and the
25% impervious surface ratio) to be able to build a 25x76 dwelling on their lot, with no
exceptions. We all, at one time, had to abide with the law and we expect the same from
them. Also, the scaled drawing that they submitted is completely inaccurate.
We all think the dwelling is too big for the size of the lot and that it will take up most of the
impervious surface, leaving very little for parking which has been a problem in the past as
they do have a lot of visitors.
We ask the Board to take this letter into consideration when making a decision on this
matter.
James Peterson
48965 Ideal Rd
enning, MN 5^51
Estelle Amundson
29619 St Highway 108
Henning, MN 56551
Carol Amundson
29607 St Highway 108
Henning, MN 56,551
• Vt;
Rick McCartney
48973 Ideal Rd
Henning, MN 56551
LouAnn Peterson
48965 Ideal Rd
Hennijag7MN 56551
uane Amundson
48907 Painted Trail Rd
Henning,, MN 56551
Kathy Wagner
48975 Ideal Rd
nning, MN 56551
Qam-
banne McCartney
48973 Ideal Rd
Henning, MN 56551
CANNED
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Emaii - wstein@co.ottertaii.mn.us
www.co.otter-tail.mn.us
Applicant and/or appiicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Ronald Germain
33591 190"'Ave SE
Erskine, MN 56535
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
Thursday, November 1, 2007 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 5 and 6 Arbor Lane,
Property Address -48961 Ideal Road
Section 21, Township 134, Range 38 - Township Name - Leaf Lake
Lake No. 56-114, Lake Name - Leaf Lake, Class - RD
The variance requested is -
a variance of approximately 50’ from the required ordinary high water level setback of 100’ for the placement of a 25’
by 76’ dwelling approximately 50' from the ordinary high water level.
Date: October 12, 2007 ‘Wayne Stein
Board of Adjustment Secretary
SCANNED
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 15th, day of October, 2007 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Ronald G & Ramona E Germain, 33591 190*^ Ave SE, Erskine, Mn 56535 9259
Mary Jane Meyer, Twp Clerk of Leaf Lake, 48694 County Highway 132, Henning, MN 56551
Leaf Lake Area Assoc, Tony Hoppa, PO Box 537, Henning, MN 56551
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
Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Leslie Estes, Box 358, Battle Lake, MN 56515
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: October 15th, 2007
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
SCANNED
CAROL L AMUNDSON
29619 STATE HIGHWAY 108
HENNING MN 56551 9343
DUANE S AMUNDSON
29619 STATE HIGHWAY 108
HENNING MN 56551 9350
ESTELLE J AMUNDSON
29619 STATE HIGHWAY 108
HENNING MN 56551 9650
STEVEN D & ELIZABETH APPLEBY
BOX 10498
GRAND CAYMAN
KEITH J & MELINDA K BORG
29724 STATE HIGHWAY 108
HENNING MN 56551 9328
CYRIL A & DARLENE ERKENS
14466 248TH ST
COLD SPRING MN 56320 9643
RONALD G & RAMONA E GERMAIN
33591 190TH AVE SE
ERSKINEMN 56535 9259
LAKE RIDGE DEV
43342 BOEDIGHEIMER DR N
PERHAMMN 56573 9023
JOHN R & JOANNE MCCARTNEY
1011 BOSTON HILLRD
EAGAN MN 55123 1539
CAROL E OLMSTED ET AL
18637 ZANEST NW
ELK RIVER MN 55330 4665
JAMES R & LOUANN PETERSON
104 MILNE AVE
PO BOX 454
HENNING MN 56551 0454
EDWARD A & LOIS G SNYDER
48895 PAINTED LEAF TRL
HENNING MN 56551 9244
RAYMOND & PEGGY SUESS
46139 176TH ST
MORRIS MN 56267 4524
KATHLEEN R WAGNER
12237 42NDAVE N
PLYMOUTH MN 55441 1237
CRAIG R & LYNN M WILDA
11409 RHODE ISLAND CT
CHAMPLINMN 55316 2762
MICHAEL H & JEAN L WIOME
2935 RICE ST N
ROSEVILLE MN 55113 2210
SCANNED
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
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 # ^ PUT HOOD_____)
described in my jJfifi\MC£ Application
dated Ml As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
DATED PROPERTY OWNER
11-02-04
Mbowman forms-apps waiver 60 day rule SCANNED