HomeMy WebLinkAbout37000040024001_Variances_12-12-2013DOC# 1138134
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY MINNESOTA 1138134
Fee: $46.00
Well Certificate [ ] Rec'dCertified, Filed, and/or Recorded
December 16, 2013 2:15 PM
Brian Armstrong, 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
Toe.Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date ^ tl-
DAYTIME PHONE C; i-T~ 9 /,■?
IL ____________
PROPERTY OWNER PcLn/t iTS
MAILING ADDRESS OJ lH u.
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TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
The configuration of the buildable area within the 200 foot setback from the shore of Rush/Lizzie Lake causes a practical difficulty to
build within these setbacks.
Because of this practical difficulty we are requesting a variance as stated below.
The existing home is 135 feet from the ordinary high water line. With the 12 foot front deck, it is 123 feet from the ordinary
high water line. We are requesting replacing the existing structure with a new structure and maintain the existing 135 foot
ordinary high water line setback. With the new 12 foot deck we will have a 122 foot ordinary high water line setback. This
equates to a variance request of 65 foot for the home and 77 foot for the deck from the setback of 200 feet.
2. The new structure will conform to the side lot line setback requirements.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MAN.AGEMENT 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 &
RESOURC^iyiANAGEMENT REGARDING THIS MATTER.
1.
Z
(/ 'ig^IGNATURE OF PROP^R'TY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
SCANNED345 1Q4 • vicio' Liindeen Printers • Fergus Falls Minnesota
I ' -
>
TimeDate Of Hearing
Motion
Dennis L Mellen - Approved the application as requested. (7:08 p.m.)
After discussion and consideration, Thomas Lee made a motion, second by Rick Wilson and unanimously carried, to approve a
variance of 65’ and a variance of IT from the required ordinary high water level setback requirement of 200’ for the placement of
a dwelling 135’ and a deck 123’ from the ordinary high water level as described in the variance application dated November 14,
2013 and as depicted on the drawings submitted with the application. The proposed project is basically a maintenance project,
which will bring the septic system into compliance with the code.
Chairman/Otter Tail 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
L R Official/Date
bk 072011-001
V-,
December 12, 2013
Page # 2
David S. and Mary M. Johnson - Approved the application as requested. (Continued)
Approval of these request will result in a projected impervious surface percentage of 13.6% (972 garage plus 2,983
home plus 216 porch plus 274 patio plus 228 patio plus 1,300 misc. concrete walks and pad equals 5,973 square
feet: 5973/43,823 = 13.6%) Glen Howe, Surveyor with Anderson Land Surveying appeared with the applicant at the
public hearing. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to
approve the variances as described in the application dated November 19, 2013 for the development as depicted on
the surveyor’s drawing dated the 19 day of November, 2013. The variance as granted does not directly or indirectly
grant any other variances for the proposed development. The variance as granted is consistent with past actions of
the board.
Richard and Stephanie Nelson - Approved the application with a modification. (6:50 p.m.)
Richard and Stephanie Nelson, Lot 2 Block 2 Deerpath at Crystal, Crystal Lake in Lida Township requested the
following: Lot 2 Block 2 is an unbuildable back lot due to the size (only has 175' of lot width and 41,200 square feet of
lot area). In order to be a buildable back tot on a recreational development lake it is required to have 200’ of lot width
and 80,000 square feet of lot area. Proposing to have the lot declared buildable for single family residential use. The
audience was polled with Craig Christianson expressing concerns with drainage and noting existing covenants in this
development. An email from Rick Kuhn expressing concerns with his previous request and with drainage issues was
read for the record. After discussion and consideration, Paul Larson made a motion, second by Ward Uggerud and
unanimously carried, to deny the variance as requested, but to declare Lot 2 Block 2 Deerpath at Crystal a buildable
lot for non-residential (non-dwelling) purposes. Approving the variance as requested would have established
precedence as there are a number of similar lots in this immediate area. The variance as approved does provide the
applicant with a reasonable use of the property.
Dennis L Mellen - Approved the application as requested. (7:08 p.m.)
Dennis L Mellen, part of Government Lot 4, Section 4 of Lida Township by Rush/Lizzie Lake, requested the following:
The configuration of the buildable area within the 200 foot setback from the shore of Rush/Lizzie Lake causes a .
practical difficulty to build within these setbacks. Because of this practical difficulty we are requesting a variance as.
stated below. 1) The existing home is 135 feet from the ordinary high water line. With the 12 foot front deck, it is 123
feet from the ordinary high water line. We are requesting replacing the existing structure with a new structure and
maintain the existing 135 foot ordinary high water line setback. With the new 12 foot deck we will have a 122 foot
ordinary high water line setback. This equates to a variance request of 65 foot for the home and 77 foot for the deck
from the setback of 200 feet. 2) The new structure will conform to the side lot line setback requirements. Paul Mellen
appeared with the applicant. The audience was polled with no one speaking for or against the variance as requested.
After discussion and consideration, Thomas Lee made a motion, second by Rick Wilson and unanimously carried, to :
approve a variance of 65’ and a variance of 77’ from the required ordinary high water level setback requirement of
200’ for the placement of a dwelling 135’ and a deck 123’ from the ordinary high water level as described in the
variance application dated November 14, 2013 and as depicted on the drawings submitted with the application. The
■: proposed project is basically a maintenance project, which will bring the septic system into compliance with the code.
:V
...
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- : 4
Duane S. Amundson - Approved the application as requested. (7:14 p.m.)
Duane S. Amundson, part of Government Lot 5, Section 21 of Leaf Lake Township by West Leaf Lake, requested the
following: Seek to divide five-acre metes and bounds parcel into two metes and bounds parcels, the first parcel along
the lakeshore consisting of 41,543 square feet and the second parcel containing 4.05 acres, the latter to be forever
attached to parcel to east also owned by applicant. Survey on file in the County Auditor’s office shows 41,543 square
feet as Parcel Cl and 4.05 acre area as Parcel C2. Parcel Cl is retaining all 99.95 feet of lake-frontage and will be a
stand-alone parcel. Single family residence is located on Parcel Cl. Proposed boundary line between Parcel Cl and
C2 will be adjusted, if necessary, to meet County’s impervious surface limitations. When Parcel C2 is added to tract
to east, parcel will consist of approximately 9.05 acres, so variance only needed for Parcel Cl. Robert L. Russell,
Attorney, appeared with the applicant at the public hearing. Mr. Russell noted that the application should have stated
that the second parcel containing 4.05 acres would be forever attached to the parcel to the east owned by the
applicant’s daughter. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried to
approve the proposed subdivision as depicted on the revised surveyor’s certificated dated December 10, 2013, which
was submitted under Mr. Russell’s cover letter dated December 11, 2013. The variance as approved will result in
Parcel Cl containing 45,126 square feet of area and Parcel C2 will be 3.96 acres, which when attachp^o the parcel
to the east (which is currently owned by the applicant’s daughter) will be 9.96 acres. SCANNED
11/10/2013
Land & Resource Management
County of Otter Tail
The property at 24048 Lake Lizzie Trail currently has a mobile home which is very old and I want to
replace it with a newer model. The current mobile home is actually on the neighbor's property to the
west and when it was discovered several years ago, I discussed the matter with the current owner and
agreed to correct the situation when I replaced the existing structure. I am essentially requesting that
we place a slightly larger mobile home in approximately the same location, keeping the existing setback
from the lake and correcting the setback on the west side . The property was originally deeded back in
1955. The property does not have adequate depth to meet a 200 ft setback. One reason for wanting
the structure in this location is the gentle contour of the property. This location is ever so slightly higher
and water does not pool in this spot when we get a lot of rain. This advantage becomes evident when
we get an extreme amount of rain in a short period of time. It also separates the well from the septic
field.
Seifert Septic did an inspection of the septic system and it did not pass. I am making arrangements to get
the system up to code when the weather breaks in the spring.
The variance that I am requesting essentially will keep a similar footprint to what is there, while
correcting the lot line problem to the west, correct deficiencies in the septic system, and change from
overhead electric service to underground as well as improve the curb appeal with a nicer structure.
I appreciate you consideration in this matter.
Dennis Mellen
2625 W. Eugenia Ave.
Peoria, II 61615
(309) 635-3813
SCANNED
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338,59e • Vicloi LuivdMi. Co. Primws f FaiBUS ^alls. MN • 1-800-34601870
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Signature of Properfy Owner
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Impervious Surface Worksheet
Lot Area j ^370000Ay Do/
Tax Parcel Number
Impervious Surface:
(As Identified on Scale Drawing)
Building(s)
Other Impervious Surfaces:
Deck(s)
Patio(s)
Sidewalk(s)
Stairway(s)
Landing{s)
Driveway(s)/Parking Area(s)
Retaining Wall(s)
Landscaping (plastic barrier)
Other Pis K A
Existing (ft^) + Proposed (ft“)Total (ft*)
? g 0
£■E 6-
€7CO s>ro1;:ss_J <5
Old
mobile
home
total
£1CS'! C
6724814
Portion of
old mobile
home on
neighbors3030
lot
14 15411
S/S"SIS'Portion of
old mobile
home on
the lot
5183714
/oo/6 0Ouse.
3JA //SOGTotal Impervious Surface
BUILDING IMPERVIOUS SURFACE CALCULATION (Maximum 20%):
Existing:
.03£iV¥ x10Q= 3. £3^7^ 4- c rr =
Lot Area (ft^)Building (ft^)
Total:
i Q.SS' =iJAoBuilding (ff‘)
.OGCCJ^ X100 = G^0oS7S2%
l^ot Area (ft*)
Difference
TOTAL IMPERVIOUS SURFACE CALCULATION (Maximum 25%):
Existing;
9?3 ♦ /e.cry- =^0£il3_x 100= .£12512-%Lot Area (f?jTotal Impervious
Surface (ft®)
Total:
/. w ■ iOC-191n. c^s' =ZM/Itv %x 100 =4-f Impervious
Surface (ft®)/ Lot Area (ft®)
s XjCU7%
Difference
n~H' 20fd
signature
Itnpen/lous Surface Calculation Worksheet 11-1-2013
Date
mm
Impervious Surface Worksheet
Lot Area j 8 j 0> SS 370000 ^ O O t
Tax Parcel Number
Impervious Surface:
(As Identified on Scale Drawing)
Building(s)
Other Impervious Surfaces:
Deck(s)
Patio(s)
Sidewalk(s)
Stairway(s)
Landing(s)
Driveway{s)/Parking Area(s)
Retaining Wall(s)
Landscaping (plastic barrier)
other fu\\ k
Existing (ft^) + Proposed (ft“)Total (ft')
9 g 0
HEgO-
iCSI■BsiSiy €0 re012s<Old
mobile
home
total
£1CS'/ C
48 67214
Portion of
old mobile
home on
neighborsSOT e mew e J 30
lot
11 14 154
3/^3/jr Portion of
old mobile
home on
the lot
37 14 518
/4 0 /GO
UA / 8 81/SOGTotal Impervious Surface
BUILDING IMPERVIOUS SURFACE CALCULATION (Maximum 20%):
Existing:
Q78 ^ _/£,_Lrr =
Lot Area (ft^)
x10Q= 3. gB vvmo
Building (ft')
Total:
^, Uo -r /S' 6SS' =
Building (ft^) Lot Area (ft')
.0C,CC3/r x100= C^cS/S'^ %
Difference
TOTAL IMPERVIOUS SURFACE CALCULATION (Maximum 25%):
Existing;
^ /ecs'r =saC'Ui X100 = £32212%
Lot Area (ft)Total Impervious
Surface (ft^)
Total:
I. fj-/n, (.SS' =.joMll X 100 =■E-
f Impervious
Surface (ft’)/ Lot Area (ft’)
S2lC±C7%
Difference
ixotssignatureDate
mmImpervious Surface Calculation Worksheet 11-1-2013
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BEVA/EEN OCTOBER & MAROH Y'
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 # 3 700c>OH 6o 2'V oo /
described in my V/A-T I A ^ P Application
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 reoeipt 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 1 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).
/y^/3/DATED PPsOPERTY OWNER
SCANNED01-03-2011
Mbowman app &forms~ waiver 60 day rule
Notice of Hearing for Variance
otter Tail County
Government Services Center
510 Fir AveW
Fergus Falls, MN 56537
Phone • (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.us
OTTCRTim««»«tr«iaai»9Ta
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Dennis L. Mellen
2625 W. Eugenia Ave
Peoria, IL 61615
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, December 12, 2013 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
part of Government Lot 4,
Property Address - 24048 Lake Lizzie Trail
Section 4, Township 136, Range 42 - Township Name - Lida
Lake No. 56-760A, Lake Name - Rush/Lizzie, Class - NE
The variance requested is -
the following: The configuration of the buildable area within the 200 foot setback from the shore of Rush/Lizzie Lake causes a
practical difficulty to build within these setbacks. Because of this practical difficulty we are requesting a variance as stated below.
1) The existing home is 135 feet from the ordinary high water line. With the 12 foot front deck, it is 123 feet from the ordinary high
water line. We are requesting replacing the existing structure with a new structure and maintain the existing 135 foot ordinary high
water line setback. With the new 12 foot deck we will have a 122 foot ordinary high water line setback. This equates to a
variance request of 65 foot for the home and 77 foot for the deck from the setback of 200 feet. 2) The new structure will conform
to the side lot line setback requirements.
W(^ne Stein
Board of Adjustment Secretary
Date: November 22, 2013
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 25th, day of Novermber, 2013 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Dennis I Mellen, 2625 Eugenia Ave W, Peoria, IL 61615 3608
Denise Boe, Twp Clerk of Lida, PO Box 382, Peiican Rapids, MN 56572
Lake Lizzie, % Yvonne Palmer, 23337 Chokecherry LN, Pelican Rapids, MN 56572
Rush Lake Assoc., Inc., PO Box 42, Perham, MN 56573
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 Falis, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of 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
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN
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: November 25, 2013
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
DAVID S & MARY M JOHNSON
553 HAWTHORNE WOODS DR
EAGAN, MN 55123 3060
GREGORY & LEE DAHLGREN ET AL
PO BOX 67
VERGAS, MN 56587 67
ROBERT FAM LTD PTNRSHP JOHNSON
2140 STANDFORD AVE
SAINT PAUL, MN 55105 1221
KENNETH M & M JOHNSON KRADLE
1317 BERRY RIDGE RD
EAGAN, MN 55123 1404
VIRGINIA RKUCK ETAL
3090 FARRINGTON CT
ROSEVILLE, MN 55113 2154
DENNIS LMELLEN
2625 EUGENIA AVEW
PEORIA, IL 61615 3608
GERALD L TRAYLOR
ATTN TERRY W TRAYLOR
3012 SABLE OAKS RD
BLOOMINGTON, IL 61704 4862
LAWRENCE L & CLAUDIA J ROLPH
4572 139TH AVE SE
ALICE, ND 58031 9550
BRIAN T OLSON
24024 LAKE LIZZIE TRL
PELICAN RAPIDS, MN 56572 7165
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White - Office
Yellow — Owner
Pink — Township
APPLICATION FOR VARIANCE
FROM
» Requirements of Shoreland Management Ordinances Otter Tail
D Phone No.Owner:
Last Name MiddleFirst
~r Pit<pa/7
Street & No.City State Zip No.
Lake ClassLegal Description: Lake NoV^^' 700 Lake Name
. 4 So.Sec Twp.Range Twp. Nama
Pi-
If applicant is a corporation, what state incorporated in___
Applicant is: Owner ( ) Lessee ( ) Occupant ( ) Agent
List Partner's name and address below:Is Applicant a partnership
yes or no
NAME, ADDRESS AND ZIP NO.NAME, ADDRESS AND ZIP NO.
This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditonsfound in
what Section of the Ordinance:____
EXPLAIN YOUR PROBLEM HERE:
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In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps,
plans, information about surrounding property, etc.
19 7S .XApplication dated.
—DO NOT USE SPACE BELOW—
Date application filed with ShorSland Management Administratioa
Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) Both ( )
Filing acknowledgement By Signature
(S7 T', /7a. ^ OncuZ^cuoYl/y /9Z/^
19____W!tH THE FOLLOWING
Date, time and place of hearing
DEVIATION APPROVED this day of_
(OR ATTACHED) REOUIREMENTS: . . .
Signature
Chairman
Otter Tail Planning Advisory Commission
Deviation
Approved this day of.19 . By.Malcolm K. Lee, Shoreland Management Administrator
Otter Tall County, MinnesotaMKL-0871-016
171988-A®
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