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Home My WebLink About08000990497000_Variances_11-04-2009OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ 1067465 1067465 was filed/recorded in this office for recqrd on the h- day of ------20(^ at 9) Wendy Lj. Metc^if, bounty l^eco^f^ bv: ( I Ld'V(I^SUtyr^ording fee weli certificati A< THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCEHbCEiVtL: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 NOV 09 2009 ■.AND6.REb0 Application Fee Receipt Number \ ^ Accepted By / Date V-T\ COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER DAYTIME PHONE ilo jPJ. Tk isliIoMAILING ADDRESS LAKE NUMBER LAKE NAME ^60 A/ SECTION TOWNSHIP I i 1 RANGE MI t ______________________LAKE CLASS RC> TOWNSHIP NAME ___________ PARCEL NUMBER E-911ADDRESS (A A If 63^ '^\n ovjisl tOAi I 5 LEGAL DESCRIPTION UwciL CASE c^f U>otJi(J\Ayh A^cS 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. /featJAr A A, r»£ ihJ dtJc. Uiirii Tfie- ^ L/ajB. Re.T'iOOaJ LoT/Va.kj£ C*rr /U - f^oO. (/AAiA^c^ O'^ T74£ /4oa^s. Lor/k> DAit Lt£MAjr£Ji A /D£>‘^LT 6A£jL . Cz'^ C/Ae/AAMe. To MOtJL LCoS>£:e TMAtU Lt, t Srz^ fb ce<& rHAKJ iOt$oo ^ 4r/jSb Tfi-ArKi Sc>^ 6 Lcr /t> lA>rr/i/KJ -fAE TiAt LHAiPE 6P TllE Lor Ak>D TU-’^ T6Pci£-e.kfA]4 ItMiTi 4hE PohirfQAi fAE iAoo*^, &AO.Ab^:^ dJELL AkjA diMtlliLoid hJ ULe' Pi'c.rx oF/Lc L, -5/ 3V 'Single- 3>i'cLe_ —^ 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. i/^J,^YOWNE / /- V- 0 m) q^ DATE 'R / AGENT FOR OWNERSIGN,OF PROP APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) P^uusHnj VjV's /c/ d'^dcur^d Bod(c/(x.ick^ -^r c^A/6Z^r?w/^//y (od c-f ^ J- Aryyx adS>a fi--tSi'd-ein-H^ LAS-^. '~r/dS UJ<i.s <«-c/ ^/?-3^i^ 80 .Cctz. /£>/ 3a?'7 0^"d'/r).TimeDate Of Hearing Motion Joyce Esser - Approved as modified with a condition. (7:05 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to declare Lot 15 Block 1, Woodland Acres a buildable lot for single family residential use. After additional consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 20’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 80’ from the ordinary high water level with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. iairman/Otter tail County Board of A^stment 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 bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota * December 2,2009 Page # 2 Joyce Esser-Approved as modified v\/ith a condition. (7:05 p.m.) Joyce Esser, Lot 15 Blocki, Woodland Acres, Loon Lake in Candor Township, requested the following; Request a variance to position the house in line with the sight line between houses on Lot 14 and Lot 16. Reasons for the variance (1) the house on Lot 16 was granted a variance to move closer than 100’ setback, (2) lot size is less than 40,000 square feet, (3) more than 50% of the lot is within the 100’ setback and (4) the shape of the lot and the topography limits the position of the house, garage, well and sewage system. At closest point dwelling will be 66’ from ordinary high water level. Request a 34’ variance. I am also requesting a variance to have this lot declared buiidable for single family residential use. This was a lot of record September 23, 1980. Joe Esser represented the applicant at the public hearing. The audience was polied with Sandy Gronhovd, Loon Lake Association President, presenting the board with a number of pictures of the immediate area and expressing concerns with the proposed ordinary high water level setback. A letter from Neil Strawhorn, Sustainability Committee, supporting declaring the lot a buiidable lot and opposing the proposed setback from the ordinary high water level was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to declare Lot 15 Block 1, Woodland Acres a buiidable lot for single family residential use. After additional consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 20’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 80’ from the ordinary high water level with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. Doug and Kathy Burkett-Tabled. (7:25 p.m.) Doug and Kathy Burkett, part of Government Lot 9, Section 17 of Leaf Mountain Township by Spitzer Lake, requested the following: This project would require a 25’ variance on the Northeast and Southeast shoreline setback. The variance would change standard 200’ setback to 175’ setback. No variance required on Southwest shoreline. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to table, with the applicants’ verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicants with an opportunity to consider another location which would not require a variance for the development as proposed. It was noted that the applicants have a very large parcel which should provide adequate room for the placement of the proposed development in a location which would not require a variance from the required ordinary high water level setback and which will provide the applicants with a reasonable use of their property. Laurie Mullen - Tabled. Laurie Mulien, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a variance of 5’ from the required side lot line setback of 10' for the extension of the existing breezeway 14’ toward the lake, and 2.) a variance of 4T from the required ordinary high water level setback of 100’ for the placement of an 8' by 6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant's verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the Land and Resource Department the opportunity to determine if the proposed deveiopment is behind the string line. It was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line variance as requested as the applicant has adequate room to place the structure 10' from the side lot line. July 2, 2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August 6, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009 meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting - Prior to the October 1, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the November 5, 2009 meeting. No action was taken by the Board. November 5, 2009 Meeting and December 2, 2009 Meeting - Prior to the November 5, 2009 meeting and the December 2, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the January 7, 2009 meeting. No action was taken by the Board. December 2, 2009 Page # 2 ‘Joyce Esser-Approved as modified with a condition. (7:05 p.m.) Joyce Esser, Lot 15 Blocki, Woodland Acres, Loon Lake in Candor Township, requested the following: Request a variance to position the house in line with the sight line between houses on Lot 14 and Lot 16. Reasons for the variance (1) the house on Lot 16 was granted a variance to move closer than 100’ setback, (2) lot size is less than 40,000 square feet, (3) more than 50% of the lot is within the 100’ setback and (4) the shape of the lot and the topography limits the position of the house, garage, well and sewage system. At closest point dwelling will be 66' from ordinary high water level. Request a 34' variance. I am also requesting a variance to have this lot declared buildable for single family residential use. This was a lot of record September 23, 1980. Joe Esser represented the applicant at the public hearing. The audience was polled with Sandy Gronhovd, Loon Lake Association President, presenting the board with a number of pictures of the immediate area and expressing concerns with the proposed ordinary high water level setback. A letter from Neil Strawhorn, Sustainability Committee, supporting declaring the lot a buildable lot and opposing the proposed setback from the ordinary high water level was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to declare Lot 15 Block 1, Woodland Acres a buildable lot for single family residential use. After additional consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 20’ from the required ordinary high water level setback of 100' for the placement of a dwelling 80’ from the ordinary high water level with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. Doug and Kathy Burkett - Tabled. (7:25 p.m.) Doug and Kathy Burkett, part of Government Lot 9, Section 17 of Leaf Mountain Township by Spitzer Lake, requested the following: This project would require a 25’ variance on the Northeast and Southeast shoreline setback. The variance would change standard 200’ setback to 175’ setback. No variance required on Southwest shoreline. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to table, with the applicants’ verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicants with an opportunity to consider another location which would not require a variance for the development as proposed. It was noted that the applicants have a very large parcel which should provide adequate room for the placement of the proposed development in a location which would not require a variance from the required ordinary high water level setback and which will provide the applicants with a reasonable use of their property. Laurie Mullen - Tabled. Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the lake, and 2.) a variance of 41’ from the required ordinary high water level setback of 10O’ for the placement of an 8’ by 6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion. Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2, 2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the Auguste, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August 6, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009 meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting - Prior to the October 1,2009 meeting the applicant submitted a letter requesting that her application be tabled until the November 5, 2009 meeting. No action was taken by the Board. November 5, 2009 Meeting and December 2, 2009 Meeting - Prior to the November 5, 2009 meeting and the December 2, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the January 7, 2009 meeting. No action was taken by the Board. Welcome Blogi LOT #15 VARIANCE HEARING #1■/ Viewing the house site from the NE comer to the NW comer. n •1 *1 *w >s -5< 4^m /NW comer (front) of house site. 0 1^. <y NE corner (back) of house site. -TT: #2 ■ f ‘ ' f i!■ -V' LIs ^\Viewing the 100’ setback line to the SE comer (back) of the house site. VV>I>SM •V ^ \ i ■.A ■zW Y I i/%h; r * Ea SE comer (back) of house site "ir* " * i. r?i'100’ setback line -0 'd -*r^'^-51 '''-" -.-c. ■ --i. >'>,sIll'll I #3 Looking up at the top of the bluff from the lake shore.i Viewing the top s- ■ ii.j • -mm of the bluff from approximately*1/2 way to thew-top from the lake shore.i 'S iiji ^Jr- , ■' \-H* MMiA. ■ *;.zM^i .i. *'■ #1 /* 3 ■Si ISi.: #5 Viewing the house site from the NW comer to the SW comer. #6 Viewing the NW comer (front) of the house site from the 100’ setback line.NW comer of house site •. t* Ottertail County Auditor SOOFirAve. W. Fergus Falls, MN 56537 December 2,2009 Re: Lot 15 Block 1, Woodland Acres To: Board of Adjustment The Loon Lake Association was formed 1999 to promote and maintain the environmental, economic and recreational protection of Loon Lake and vicinity. Subsequently a sustainability committee was created to offer comment on proposed development. The committee supports the granting of a variance to declare this lot buildable. Please consider that this lot meets the standard width requirement and is deficient only in area. Therefore, this lot does not increase the total number of riparian lots that can be developed and does not increase the cumulative effect on water quality. The committee opposesthe granting of a variance from the 100ft setback standard. Please consider that the string line is based on an adjacent structure that did not exist before the ordinance was enacted but was allowed by variance. And because the shoreline is curved the proposed setback is significantly less than either adjacent structure. Also consider the steep slope between the proposed structure and the shoreline and the alteration of vegetation and topography that will be required. Finally, please consider that Loon Lake has a high shoreline to surface area ratio that makes it more sensitive than other lakes in the area to the adverse effects of development; Please consider all alternatives that would allow reasonable use of the property without the need for a variance. Sincerely, Neil Strawhorn Sustainability Committee Loon Lake Association 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, topographic features (i.e. bluffs), and onsite impervious surface calcuiations. j" ^ // ^&%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) RECEIVED NOV 09 2009 I.AND & RESOURCE * r>at« ^^'^'^^’^signature of Property Owner BK — 0909 338,596 • Victor Lundeen Co. Printers • Fergus Falls. MN • 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): . Ft2Landscaping: (Plastic Barrier) Other:Ft2 ^7^Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: .IS(>3^600 %Sa1(p X 100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE