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Home My WebLink About36000990302000_Variances_08-04-2011Variances 2 Barcode 128 1095791 DOC# 1095791 OFFICE or COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA 1095791 Fee: $46.00 Well Certificate [ ] Rec'dCe.'tified, Filed, and/or Recorded: •August 08, 2011 .3:15 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By: LL 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 ‘^OQ‘66Application Fee MSF 3COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date tMu kje DAYTIME PHONEPROPERTY OWNER I Id. h vJ ^MAILING ADDRESS Ili’O ^plTlEXLAKE NAME _______LAKE CLASS Hgj VTA| I- LAKE NUMBER iq i3l RANGE TOWNSHIP NAMESECTIONTOWNSHIP PARCEL NUMBER obot-OQd E-911 ADDRESS CiY 56 LEGAL DESCRIPTION Lot ^ 1 ^I7cH a Orv^nciyT TYPE OF VARIANCE REQUESTED (Please Check) X Sewage System Subdivision ClusterStructure Setback Structure Size Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Au. ^i^onjci "yrriotvm Aier Top Cia-,r (vr L\k^ I^ic~To FiepK C^ir:,ii->^ IWtC VAVlltr'ClT 9rcAv/5£T Of- 5/l£f lU/ Ao9)T)aK>. kco A Oelk '\nr La^kS.fo 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. /aSIGNATURE OF PROPERTYOWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) SCANNED / V c;pa/l 7-/S /!mDate Of Hearing Time4JU Motion Kathleen and Melvin Wright - Application approved as requested with a condition. (7:12 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 96’ from the required ordinary high water level setback of 200’ for the placement of a deck 104’ from the ordinary high water level setback with the condition, as voluntarily agreed to by the applicants, the existing 19’ by 16’ slab will be removed. The practical difficulty is the shape of the applicant’s property. It was also noted that the best view of the lake can only be obtained from the proposed location. Chairman/Dtter TaiMDounty Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No 1 Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 4, 2011 The Otter Tail County Board of Adjustment met Thursday, August 4, 2011, with the following persons in attendance: Paul Larson Steve Schierer Marion Gill Thomas Lee Mark Ronning, Land and Resource Management David Hauser, County Attorney Michael Harris Randall Mann 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 July 7, 2011 meeting as mailed. The Board of Adjustment considered the following applications for variance: Teresa A. Fitzgibbon and Harrisen H. Schmitt - Denied (6:32 p.m.) Teresa A. Fitzgibbon and Harrisen H. Schmitt, part of Government Lot 2, Section 30 of Girard Township by West Battle Lake, requested the following: Applicants request variance from the Gtter Tail County Shoreland Management Crdinance requirement. Section 4-B, that new non-residential lots be “created by subdivision plat”. Instead, applicants request that eight new lots within Government Lot 2 be attached by metes and bounds to platted Girard Beach lots (53-69). Cther requirements of the ordinance and of exemptions in Subdivision Controls Crdinance (Sections 1-6) would be met. Direct metes and bounds attachment of these new lots to existing platted lots would avoid the practical difficulty, costs, and environmental impact of a second 66’ Township easement through Government Lot 2 parallel to and only -200' away from the existing Township Road, Garland Lane. The audience was polled with Bill Davis, Rebecca Greenagel, Howard Hansen, Cynthia Johnson, Gary Maier and Clair Prody, addressing the applicants’ request. Many of those speaking expressed concern with the road and access to the proposed lots. An email from Larry A. and Claudia B. Loll expressing a number of issues for consideration by the Board was read for the record. Bill Davis during his comments also presented two letters and three pictures which were placed on file for current and future reference. After consideration and considerable discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate practical difficulty unique to the applicants’ property had been shown that would allow for the granting of the variance as requested and the granting of the variance as requested would create 8 substandard metes and bounds parcels. It was the general opinion of the Board that Planning Commission review of the proposed subdivision would be the process to follow and would help address a number of the issues presented by those individuals speaking at the public hearing. No practical difficulty had been shown that would allow for bypassing the platting process. The Planning Commission platting process is an alternative available to the applicants that will provide greater review of the proposed development. Kathleen and Melvin Wright - Application approved as requested with a condition. (7:12 p.m.) Kathleen and Melvin Wright, Lot 3 Block 1 Stich and Wagner Development, Spitzer Lake in Leaf Mountain Township, requested a variance of 96’ from the required ordinary high water level setback of 200’ for the placement of deck 104’ from the ordinary high water level. Dan Zierden appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 96’ from the required ordinary high water level setback of 200’ for the placement of a deck 104’ from the ordinary high water level setback with the condition, as voluntarily agreed to by the applicants, the existing 19’ by 16’ slab will be removed. The practical difficulty is the shape of the applicant’s property. It was also noted that the best view of the lake can only be obtained from the proposed location. MB■ V Ji SCA4E DRAWING FORMf (X>o -0 ^o7 - r;00 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, topographic features (i.e. bluffs), and onsite impervious surface calculations. 51 % Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale 1^.i [, 1. 4... I ■ t4..!"41..I... .•I-■f. % !■ cz151* (...pO\ 4:4.!+ ! ■r 1 rO te O %yJ^I,.! t-T I 4. \/) p \ .1 --0 \ I ‘..f 7' r-4 . V' I UN r Q .. ... t I I) ^■i—" Z r* ■s ■ ;4. ; .i. , .1 .. •f -ti r‘ ■ .. Signature of Property Owner Date 138,536 « Vjcta Ujnd««n Co. Pcinblis * Fejgus ^alls. MTr * 1.80O34&4870 :i BK —0909 t IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces fmust be shown on scale drawing): IM Ft^Structure(s): ?>i^4 Ft2Deck(s): S5o Ft2Driveway(s): 5o4 Ft2Patio(s): }JA Ft2Sidewalk(s): 11 Ft2Stairway(s): yA Ft2Retaining Wali(s): N//4 Ft2Landscaping: (Piastic Barrier) Other;Ft2 543y Ft2TOTAL IMPERVIOUS SURFACE: ll.&QO Ft2LOT AREA: 5. 7/500 -JJS .%X100 = IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA I V-: