HomeMy WebLinkAbout37000240117003_Variances_07-11-20137'//* 20)31130759
Date Stamp DOC# 1130759
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY MINNESOTA
Certified, Filed, and/or Recorded:
July 17, 2013 10:15 AM
Brian Armstrong, Recorder
1130759
Fee: $46.00
Well Certificate [ ] Rec'd
RECEIVED
LAND & RFSOURGt-:
Returned To:
LAND & RESOURCE
L&R Initial 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
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
LAKE NUMBER SioO 7i70i a bLAKE CLASSLAKE NAME
23 /3G range X TOWNSHIP NAMETOWNSHIPSECTION
2 7000 J3oU E-911
ADDRESS
PARCEL _NUMBER 3'700> 021^0 If 7 003
2 $B C or N cv 217L. 71'LK^^lY
/7L<oLK GBH ~Y'0S LN 2\T0 ^ 1/5 -OOl /A 7~O03 Se
LEGAL DESCRIPTION pr G't-
TYPE OF VARIANCE REQUESTED (Please Check)
X Subdivision Cluster WECS Misc.Sewage SystemStructure SizeStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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5-fvtjofo/'^ To be nsAc) ri^M' o-P Wxxc,
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT 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 &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF R DATETY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Heai^ig) ^
345,194 • Victor Lundeen Co , Printers • Fergus Falls, Minnesota
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ft (^0/3''9//TimeDate Of Hearing
Motion
Andrew Kellogg — Approved the setback variance as requested and denied the variance for the additional size. (7:12 p.m.)
After consideration and discussion, Ward Uggerud made a motion, second by Thomas Lee and unanimously carried, to approve a
variance of 12’ from the required road right-of-way setback of 20’ for the placement of a water orientated accessory structure
being no larger than 260 square feet in size at least 8’ from the road right-of-way. The variance as approved does not directly or
indirectly grant any other variances for the proposed development. The width and length of the proposed structure are to be
determined by the applicant; however, the overall size cannot exceed 260 square feet. Hardship/practical difficulty is the shape of
the lot and the terrain features of the property.
Chairman/Ottfefl'ail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
'7-/7-I2Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
SCALE DRAWING FORMt
4-
OO ] \ \ ' 3700 o 2^0U 7003>
Max 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.
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£2.2 i %Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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■^flignature of Property Owner Date
[ItallBK — 0909 338.596 • Victci Uindten Co. Prirtters • Fergus s. N«4 • 1-800^346-4870 \i ;
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
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
^1^^X100 =.%=
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
July J,l, 2013
Page # 2
Steve and Colleen Brakke - Variance application was approved as requested. (6:52 p.m.)
Steve and Colleen Brakke, part of Government Lot 5, Section 27 of Lida Township by Lake Lida, requested a variance
of 4T from the required ordinary high water level setback of 75’ for the replacement of an existing dwelling with a new
two story dwelling 34’ from the ordinary high water level and 20’ from the traveled surface of the road easement. 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 Michael Harris and unanimously carried, to approve a variance
of 41' from the required ordinary high water level setback of 75’ for the replacement of an existing dwelling with a new
two story dwelling 34’ from the ordinary high water level and 20’ from the traveled surface of the road easement as
depicted on the proposed drawing submitted with the variance application dated June 18, 2013. The proposed
development will be further back from the ordinary high water level than the current structure. Hardship/practical
difficulty is a substandard lot of record The variance as approved will allow the applicants to enjoy the same rights
and privileges as others in this immediate area.
Paul and Glenda Ellingson — Approved the variances as requested for items 1 and 2 and denied the variances as requested for Items 3 and 4. (B:5S p.m.)
Paul and Glenda Ellingson, part of Government Lot 3, Section 19 of Leaf Mountain Township by an unnamed lake,
requested the following:
1. Proposing to develop the property for single family use. Would like to place a dwelling and non-dwelling
structures onsite. Requesting a 120’ variance being 80’ from ordinary high water level for structures. The
required setback is 200’.
2. Proposing to place a septic system being 80’ from the ordinary high water level. Requesting a 70’ variance
for the septic. Required setback is 150’.
3. Also requesting permission to locate a maximum of 4 RCU’s onsite for occasional family functions/gatherings.
These 4 RCU’s will also need a variance setback from the ordinary high water level of 120’ being 80’ from
ordinary high water level.
4. This lot meets all the requirements in the Shoreland Management Ordinance to comply with the amendment
to the Shoreland Management Ordinance dated March 16, 2010 which allows you to locate an RCU on site
when one dwelling already exists. However, we would like to request a variance of 120’ to place the RCU 80’
from ordinary high water level.
The audience was polled with Sharon Frey asking for a definition of “occasional”. After consideration and discussion,
Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve (Item No, 1 above) a
variance of 120’ from the required ordinary high water level setback of 200' for the placement of a single family
dwelling and allowable non-dwelling structures 80’ from the ordinary high water level, to approve (Item No. 2 above) a
variance of 70’ from the required ordinary high water level setback of 150’ for the placement of a septic system at
least 80’ from the ordinary high water level, and to deny (Items 3 and 4) all variances as requested for the number and
location of the proposed RCU’s. The variances as approved will provide the applicants with a reasonable use of their
property. The hardship/practical difficulty is a substandard lot of record, terrain features and the lake shore shape.
Michael Noesen — variance application was approved as requested with acknowledgment of Planning Commission action. (7:05 p.m.)
Michael Noesen, part of Government Lot 7, Section 32 of Dora Township by East Silent Lake, requested the following:
The proposed grading plan and new house location are within the bluff impact zone. The variance is addressing to
allow topographical changes and alterations of existing topography in bluff area. From top of bluff to front of deck is
19.7’ requirement is 30”. Julie Noesen, spouse and Chris McConn, Interstate Engineering appeared with the
applicant. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Michael Harris made a motion, second by Bernie Larson and unanimously carried to
approve the variance as described in the variance application dated June 19, 2013 and as depicted on the drawings
submitted with the variance application noting the Planning Commission’s approval and recommendations.
Andrew Kellogg — Approved the setback variance as requested and denied the variance for the additional size. (7:12 p.m.)
Andrew Kellogg, part of Government Lot 2, Section 23 of Lida Township by Lake Lida, requested a variance of 12’
from the required road right-of-way setback of 20’ and a variance of 28 square feet from the allowable 260 square feet
for the placement of a 288 square foot water orientated accessory structure 8' from the road right-of-way. Carrie
Kellogg and her father appeared with the applicant at the public hearing The audience was polled with no one
speaking for or against the variance as requested. Letters from Edward and Sue Barlow and Lida Township in support
of the variance as requested were read for the record.
‘ A :
July 1,1, 2013
, Page # 3
Andrew Kellogg - Continued
After consideration and discussion, Ward Uggerud made a motion, second by Thomas Lee and unanimously carried,
to approve a variance of 12’ from the required road right-of-way setback of 20’ for the placement of a water orientated
accessory structure being no larger than 260 square feet in size at least 8’ from the road right-of-way. The variance
as approved does not directly or indirectly grant any other variances for the proposed development. The width and
length of the proposed structure are to be determined by the applicant; however, the overall size cannot exceed 260
square feet. Hardship/practical difficulty is the shape of the lot and the terrain features of the property.
Break - 7:18 p.m. until 7:30 p.m.
Jan and Ann Christenson - As requested by the applicant the hearing was tabled. (7:30 p.m.)
Jan and Ann Christenson, Lots 9 through 19 Block 3 Midway Park, Otter Tail Lake in Otter Tail Township, requested
the following: Replace mulch with either concrete or pavers between strips of current driveway and increase sides on
corner by 2’ on both sides before apron. Current design is not safe or useful in current state. Requirement 25%.
Proposed 27.29%. The audience was polled with Morris banning and Paul Michaelson speaking for the granting of
the variance as requested. A letter from John and Jane Ellingson requesting that the variance not be granted was
read for the record. After significant consideration and discussion, Michael Harris made a motion, second by Ward
Uggerud and carried with Thomas Lee voting no, to table, with the applicant’s (Jay) verbal permission this public
hearing until the August 2013 meeting of the Board of Adjustment for a determination of the total eligible lot area, for a
verification by Anderson Land Surveying regarding how they determined the square footage listed on the survey and
for a determination of the total square footage of existing impervious surfaces.
Madeline Anderson - Variance application was approved as requested. (8:16 p.m.)
Madeline Anderson, Lot 2 Block 1 Hill and Vale Acres, Ten Mile Lake in Tumuli Township, requested the following:
Our proposal is to build a single family dwelling on a lot that is currently meant for shops and/or garages. Proposing
to have Lot 2 Block 1 Hill and Vale Acres declared buildable for single family residential use. The audience was
polled with no one speaking for or against the variance as requested. Paul and Emily McGee appeared with the
applicant at the public hearing. After consideration and discussion, Steve Schierer made a motion, second by
Thomas Lee and unanimously carried, to declared Lot 2 Block 1 Hill and Vale Acres buildable for single family
residential use. The variance as approved does not grant directly or indirectly any other variances for current or future
development. The variance as approved is consistent with past Board decisions and will provide the applicant with an
ability to enjoy the same rights and privileges as others in this immediate area.
Rodney Ebersviller Trust - Variance application was approved as requested with a condition. (8:19 p.m.)
Rodney Ebersviller Trust, Lot 13 Block 4 Crystal Lida Beaches, Crystal Lake in Lida Township, requested a variance
of 10’ from the required road right-of-way setback of 20’ for the construction of a detached garage 10’ from the
pedestrian lake access/Beach St. John Ebersviller appeared with the applicant at the public hearing. The audience
was polled with no one speaking for or against the variance as requested. After consideration and discussion,
Michael Harris made a motion, second by Bernie Larson and unanimously carried, to approve a variance of 10’ from
the required road right-of-way setback of 20’ for the construction of a detached garage 10’ from the pedestrian lake
access/Beach Street with the condition that no more than 25% of the total eligible lot area can be covered with
impervious surfaces. Hardship/practical difficulty is a substandard lot of record and roads on two sides of the
property. It was also noted that the shed highlighted on the drawing submitted with the application will be removed
once the new structure is completed.
Dr. John Hamilton - Variance application was approved as requested. (8:25 p.m.)
Dr. John Hamilton, Lot 3 Block 1 Blyberg’s Point First Addition, Fish Lake in Dunn Township, requested a variance of
20’ from the required road right-of-way setback of 20’ for the placement of stone masonry driveway gate 0’ from the
road right-of-way. Bryan Leininger represented the applicant at the public hearing. The audience was polled with no
one speaking for or against the variance as requested. After consideration and discussion, Ward Uggerud made a
motion, second by Michael Harris and carried with Steve Schierer voting no to approve a variance of 20’ from the
required road right-of-way setback of 20’ for the placement of stone masonry driveway gate 0’ from the road right-of-
way.
-suAiMivieo
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Andrew Kellogg
42598 Lida View Lane
Verges, MN 56587
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, July 11, 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 2,
Property Address - 42598 Lida View Lane
Section 23, Township 136, Range 42 - Township Name - Lida
Lake No. 56-747, Lake Name - Lida, Class - GD
The variance requested is -
a variance of 12’ from the required road right-of-way setback of 20’ and a variance of 28 square feet from the
allowable 260 square feet for the placement of a 288 square foot water orientated accessory structure 8’ from the
road right-of-way.
"Wi^ne Stein
Board of Adjustment Secretary
Date; June 21, 2013
SCANsMED
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 24th, day of June, 2013 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Andrew & Carrie Kellogg, 42598 Lida View Ln, Vergas, MN 56587 9326
Lake Lida Assoc., Bob Engelstad, 1506 S 12*'^, Moorhead, MN 56560
Denise Boe, Twp Clerk of Lida, PO box 282, Pelican Rapids, MN 56572
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
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 56576
Bernie Larson, 24792 Tri Lakes Dr, Pelican Rapids, MN 56572
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: June 24th, 2013
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: //lx..<9
Vi Manderud
SGAIMNED
DALLAS ISRAELSON
5515 COUNTY ROAD 81
CHRISTINE, ND 58015 9415
CHARLES ARVIDSON ETAL
42922 LIDA VIEW LN RD
VERGAS, MN 56587 9324
ANDREW & CARRIE KELLOGG
42598 LIDA VIEW LN
VERGAS, MN 56587 9326
GAYLA L HAUKOS
1137 GOOSE DR
FERGUS FALLS, MN 56537 4226
EDWARD & SUSAN K BARLOW
3027 BORGMAN RD
KINGWOOD, WV 26537 8189
DOUGLAS C ARVIDSON ET AL
42829 LIDA VIEW LN
VERGAS, MN 56587 9324
ROTHSAY CAMP ASSN
ATTN JOY SOLUM
3330 130TH ST
ROTHSAY, MN 56579 9457
PO Box 382
Pelican Rapids, MN 56572
218-863-1787
lida@loretel.net
June 17, 2013
Land and Resources Management
540 West Fir
Fergus Falls MN 56537
RE: DREW KELLOGG
42598 EAST LAKE LIDA RD
VERGAS MN 56587
To Whom this May Concern:
As road authority Lida Township has no objection to the above mentioned party
erecting at WOAS (Water Orientated Accessory Structure) at the above address.
LIDA TOWNSHIP
--------DATED:
Chairman
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