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Home My WebLink About37000270141016_Variances_08-08-2013DOC# 1132463 1132463 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Date Stamp Certified, Filed, and/or Recorded; August 19, 2013 9:15 AM Brian Armstrong, RecorderRECEIVED JUL 1 8 2013 LAND & RESOURCE a.']■ Returned To:c LAND & RESOURCE By: NDBy L&R Initial 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 S ‘^00 0C> Receipt Number ICITI^^______ Accepted By / Date fblMj '7'I9~I3> DAYTIME PHONE COMPLETE THIS APPLICATION IN BLACK INK /VdZ. /Of) <rirrl7Z' LAKE NAME ___________________________ PROPERTY OWNER MAILING ADDRESS Gl DLAKE NUMBER LAKE CLASS /M12.RANGE ^2-, TOWNSHIP NAMESECTIONTOWNSHIP ~l^iiCan fiap,c/^, An A) O'T ^ )( /66a//^Y PARCEL NUMBER V E-911 ADDRESSy OiiJ. 0/C^ LEGAL DESCRIPTION /ihi/7x Zap ^rT /jje ArVtC(f hi6i TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback 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. ^ 7 pAcffn io r^f l (2^ 'f/z.c’Hi Q)i4io^. C/R,1r c,^a i.'v,J C/'AfiP ^ ^ C'A- S1 P ^ Yc) f/^C^ 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. /y/p/yt /DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER •<S.SCMl«APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ■'45 194 • Victor Lundeen C n Printers • Fergus Falls Minnesota dal ^P ^of3Date Of Hearing Time Motion Patrick H. Simmers - Approved the variance appiication as requested with a condition. (7:58 p.m.) Patrick H.Simmers, part of Government Lot 5, Section 27 of Lida Township by Lake Lida, requested the following: Proposing to replace existing cabin with a new structure being 68’ from the ordinary high water level. Requesting a 7’ variance from required 75’. Requesting a variance of 5’ to place the new structure 15’ from road right-of-way instead of 20’. Proposing impervious to be 27.85%. 21.38% structures and 6.47% other. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve a variance of 7’ from the required ordinary high water level setback of 75’ and a variance of 5’ from the required road right-of-way setback of 20’ for the replacement of an existing cabin with a new structure 68’ from the ordinary high water level and 15’ from the road right-of way with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It was noted that the proposed development is an improvement over the existing development and will be further back from the ordinary high water level than the existing development. Chairman/Ottfef"Tail County Bo^rd of Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No 9:-ib-iZLCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 r 1SCALE DRAWING FORM 3^CQo2-74f4iof<^ NTax Parcel Number(s)I !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. !r(27.8^ Signature of Property Owner late 33B.596 * LundsRn Cn . PrirttArs • pAmiis Pallq MKl * i.Rmv'iAR^nfn IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): *11 Ft2Deck(s); 5t<>Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic'Barrier) Other:Ft2 IL3&0 TOTAL IMPERVIOUS SURFACE:Ft2 LOT AREA:Ft2 X i00'=.%• LOT AREAtotal impervious surface IMPERVIOUS SURFACE’RATIO cm&z-- H== <0.^1 % ’ 27. ^S% ■> V ■u. i •1. /■ August 8, 2013 Page # 3 LAD Properties - Approved the variance application as requested with conditions. (7:21 p.m.) LAD Properties, part of Government Lots 8 and 9, Section 26 of Dead Lake Township by Dead Lake, requested a variance from the required ordinary high water level setback requirement of the Shoreland Management for the over hangs on west side 10’ by 41' of remodeled cabin and maybe east side 12’ by 4T, Post supports also. They are within original footprint, A second story addition and garage was approved by variance on June 3, 2010. Don and Luke Prettyman represented 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, Michael Harris made a motion, second by Steve Schierer to deny the variance as requested noting disregard for the previously granted variances and permits. This motion failed with Thomas Lee, Robert Schwartz and Ward Uggerud voting no. After additional consideration and discussion. Ward Uggerud made a motion, second by Thomas Lee and carried with Michael Harris and Steve Schierer voting no, to approve the variance as requested in the variance application dated July 17, 2013 with the condition that no additional variances will be granted for this development and with condition that the structure currently being used for residential dwelling purposes must be converted back to a storage structure immediately upon completion of the dwelling construction project. Welle Family Trust - Approved the variance application as requested. (7:48 p.m.) Welle Family Trust, Lot 2 Ironwood Beach, Pickerel Lake in Maine Township, requested a variance of 67’ from the required ordinary high water level setback of 100’ for the replacement and addition to existing deck located 33’ from the ordinary high water level. Present configuration is not functional and a safety hazard. Gail Welle represented 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 Robert Schwartz and unanimously carried, to approve a variance of 67’ from the required ordinary high water level setback of 100’ for the replacement and addition to existing deck located 33’ from the ordinary high water level. It was noted that the proposed development will be no closer to the ordinary high water level than the existing deck, the proposed location will not obstruct the view from the adjacent properties, and the existing deck is in a state of disrepair and is in need of maintenance. The variance as approved does not directly or indirectly grant any other variance for the proposed development. Patrick H. Simmers - Approved the variance application as requested with a condition. (7:58 p.m.) Patrick H.Simmers, part of Government Lot 5, Section 27 of Lida Township by Lake Lida, requested the following: Proposing to replace existing cabin with a new structure being 68’ from the ordinary high water level. Requesting a 7’ variance from required 75’. Requesting a variance of 5’ to place the new structure 15’ from road right-of-way instead of 20’. Proposing impervious to be 27.85%. 21.38% structures and 6.47% other. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve a variance of 7’ from the required ordinary high water level setback of 75’ and a variance of 5’ from the required road right-of-way setback of 20’ for the replacement of an existing cabin with a new structure 68’ from the ordinary high water level and 15’ from the road right-of way with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It was noted that the proposed development is an improvement over the existing development and will be further back from the ordinary high water level than the existing development. Earl E. and Penny L. Rydell - Approved the variance application with a modification. (8:05 p.m.) Earl E. and Penny L. Rydell, Lot 6 Block 1 Star Point Estates, Star Lake in Star Lake Township, requested a variance of 32’ from the required side lot line setback of 40’ for the placement of 10’ by 16’ structure 8’ from the side lot line. The audience was polled with no one speaking for or against the variance as requested. A letter from Clark and Violet Lien in opposition to the variance as requested was read for the record. After discussion and consideration, Ward Uggerud made a motion, second by Robert Schwartz and unanimously carried, to approve the location of an existing 10’ by 16’ structure in its present location (on the existing slab), which is assumed to be 8’ from the side lot line. It was noted that had this request come before the Board before placement of this structure in its current location the Board would have given consideration to approving placement at 10’ from the side lot line. The hardship/practical difficulty is the terrain features of the applicants’ property. The variance as approved does not directly or indirectly grant any other variances for the location of this structure. \ Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us vmw. CO. otter-tai I. m n. us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Patrick H. Simmers 1402 Suntree Drive West Fargo, ND 58078 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, August 8, 2013 at 7:30 p.m.J 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 5, Property Address - 41700 Kansas Point Lane Section 27, Township 136, Range 42 - Township Name - Lida Lake No. 56-747, Lake Name - Lida, Class - GD The variance requested is - the following: Proposing to replace existing cabin with a new structure being 68’ from the ordinary high water level. Requesting a 7’ variance from required 75’. Requesting a variance of 5’ to place the new structure 15’ from road right-of- way instead of 20’. Proposing impervious to be 27.85%. 21.38% structures and 6.47% other. Stein Board of Adjustment Secretary Date: July 19, 2013 f • 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 22nd, day of July, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Patrick H and Susan L Simmers, 1402 Suntree Dr, West Fargo, ND 58078 4509 Lake Lida Assoc., Bob Engelstad, 1506 S 12**’, Moorhead, MN 56560 Denise Boe, Twp Clerk of Lida, PO Box 382, 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 Robert Schwartz, 31548 County Highway 75, Wadena,MN 56482 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: July 22nd, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment f \ loLA.By: Vi Manderud »i STEVEN C & COLLEEN M BRAKKE 5060 173RDAVESE HICKSON, NO 58047 9755 KENNETH L & VIONA J BROWN 702 9TH ST E NORTH MANCHESTER, IN 46962 1211 MARK D & ANITA M ANDERSON PO BOX 114 FOXHOME, MN 56543 114 LOREN D & TAMARA D CRIST PO BOX 904 WEST FARGO, ND 58078 904 PHILLIP B & DONNA R FAUTECK 6711 WITZKE AVE S SIOUX FALLS, SD 57108 5944 JAMES F & DOROTHY BRUGGEMAN 3317 VILLAGE GREEN DR MOORHEAD, MN 56560 5412 VERNON & MARY KAY ISAACSON 1708 LITTLEJOHN CT THIEF RIVER FALLS, MN 56701 2606 PHILIP L& LILLIAN I HAGEN 41780 KANSAS POINT LN PELICAN RAPIDS, MN 56572 7719 HJ HIMES PO BOX 852 PELICAN RAPIDS, MN 56572 852 KP HOLDINGS LLC 3317 VILLAGE GREEN DR MOORHEAD, MN 56560 5412 DENNIS J LINDHOLM ETAL 685 SCHILLING CIR NW FOREST LAKE, MN 55025 1034 ROBERT 0& CHERYL A KING 42183 MATSON POINT RD PELICAN RAPIDS, MN 56572 7717 JERROLL& NADINE OLSON PO BOX 74 HOOPLE, ND 58243 74 RANDALL C & BARBARA J OLSON 16307 FRANKLIN CIRSE PRIOR LAKE, MN 55372 2531 SHIRLEY CNETTESTAD PO BOX 262 PELICAN RAPIDS, MN 56572 262 PATRICK H & SUSAN L SIMMERS 1402SUNTREE DR WEST FARGO, ND 58078 4509 KATHIE OVERVOLD TTEE UTD 2376 STAG RUN BLVD CLEARWATER, FL 33765 1738 KEITH E OVERVOLD TTEE UTD 2376 STAG RUN BLVD CLEARWATER, FL 33765 1738 CARY & DEE NELLE STEPHENSON 41661 BAGLEY BAY LN PELICAN RAPIDS, MN 56572 7751 GARY & JANET SMITH TSTS PO BOX 640 PELICAN RAPIDS, MN 56572 640 TO THE PUBLIC , 00 THOMAS J & ELIZABETH WOYTHAL 672 STATE ST E MASON CITY, lA 50401 4171 VERNA ANN VOLDEN 3111 BROADWAY APT 308A FARGO, ND 58102 1435 DONOVAN & PEGGY VOLDEN 3857 lOTH ST N FARGO, ND 58102 1046 SCANNED 865097 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # H65097 was filed/recorded in this office for record on the /A day of 2000 at ??.3Q Wendvl^. .Metcalf, County^ Recorder 19. Tecordino fee ^ ^ well certificate by:_Deputy THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739 -2271 QO‘“COMPLETE THIS APPLICATION IN BLACK INK***/50Application Fee 9 Receipt Number Al/ S ^j^ee/vLvcre// mSs^9S7 ~ t nri PROPERTY OWNER DAYTIME PHONE ADDRESS Hr QUJX^___________ _TOWNSHIP f RANGE Oi K-Z TOWNSHIP NAME 3'7^oo3i70l^/0/^ LAKE NUMBER LAKE NAME LAKE CLASS 12 vC/ -Q HSECTION :xy^^PARCEL NUMBER FIRE/LAKE I.D. NUMBER 3ea3-'^~^ ~Tk)P'-l^(c Rcipff - T(\ iA pari £>f S iOC>' /on LaKen%.0 \ fOO X ^ _____________________________________________?C-r )09 LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) ^''^^tructure SizeStructure Setback ClusterSewage System Subdivision Misc. SPECIFY VARIANCE REQUESTED *rsa^ /autjuj A IyOt 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. n(I i/x^ jTQci^^ Cl ^ SIGNATURE O^^ROPERTTOWNER U S-S-d o DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) JuneJ^20gg;/ fi/-(40f 4i-/~0fS I7% 7 /oV /3^cr7vui (p /y/ 5'5-C7^Accepted By Land & Resource L & R Official/Date TimeDate Of Hearing ^ooc:>iJUL/r»A Motion Donald E. and Margie Tumberg - Approved Motion was made by Cecil Femling, second by Steve Schierer and unanimously carried, to approve the variance as requested and as depicted on the applicants’ drawing noting that this would place the proposed dwelling approximately 62’ from the ordinary high water level and would place the proposed deck approximately 52’ from the ordinary high water level. The applicants indicated that the overall size of the proposed dwelling might be smaller than depicted on their drawing.. The Board indicated that a smaller structure would not be a problem so long as the structure was placed within the approved setback area. Hardship is a substandard lot of record. It was also noted ;yr> that the applicant’s proposal is an improvement over the existing situation. hty Board of Adjustment Perinit(s) required from Land & Resource Manage A Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Offidal/Date bk 0198-001 291.306 • Victor Lundeen Co., Printers • Fergus Falls. Minnesota