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HomeMy WebLinkAbout35000990473000_Variances_11-01-2007Variances Barcode 128 l\-'\-ZOO? 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