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Home My WebLink About37000990619000_Variances_05-03-201211085811 DOC# 1108581 1108581 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp Certified, Filed, and/or Recorded: May 08, 2012 11:00 AM Wendy L. Metcalf, Recorder\ Returned To: LAND & RESOURCE By. NDB L&R Initial /h 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 H X. Sc>a/ daytime phone * 37/ - ^3PROPERTY OWNER MAILING ADDRESS LAKE CLASSLAKE NAMELAKE NUMBER /5^//LJt?ARANGETOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Misc.Cluster WECSSewage System SubdivisionStructure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. /7t^TA/A//A/^ iV/dU^ i p’iAPptp /Ay)^CKl//Pic*^ A.S 777-<1 7I 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. /J /2. ti E PROPERTY OWNER / AGENT FOR OWNER DATESIGNATU APPLICANT MUST BE PRESENT AT THE(Applicant Will Receive Notification As To The Date/Time OfHearingL-^.^ \ 'Ll i V •,, ■ 7 345.194 • Victor Lundeen Co . Printers * Fergus Falls. Minnesota 9 -’.r* j 'p. ya f./T)/Hay TimeDate Of Hearing Motion Richard and Patricia Hoganson - Denied the road right-of-way and impervious surface variances as requested and approved with a condition the work compieted within the bluff impact^one (7:42 p.m.) After consideration and discussion, Randail Mann made a motion, seconded by Steve Schierer and unanimously carried to deny the impervious surface variance as requested by the applicants as no adequate practical difficulty/hardship had been shown that would allow for the granting of the variance as requested and the applicants were aware of the ordinance requirement that limits impervious surface coverage to 25% of the total eligible lot area. After additional discussion and consideration, Randall Mann made a motion, seconded by Michael Harris and unanimdusly carried, to deny the road right-of-way variance as requested for the vision obstructing fence as the granting of this request would establish precedence as no other properties within this immediate area have structures within the required 20’ setback area from the road right-of-way. After additional discussion and consideration, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to allow that portion of the fence/retaining wall and that portion of the stone steps located within the bluff impact zone to remain within the bluff impact zone with the condition that the applicants must obtain a conditional use permit from the Planning Commission. The variance allowing the fence/retaining wall and the stone steps to remain in the bluff impact zone is only granted if the applicants can successfully obtain a conditional use permit.. Concern regarding the work that had already been done within the bluff impact zone was expressed; however, concern was also expressed regarding the damage that might occur if the applicants were required to remove the stone steps. The Board noted that a reasonable use of the applicants' property could have been obtained by complying with the requirements of the ordinance. \ Cnairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X_ No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 May 2012 -■ Page # 4 ichard and Patricia Hoganson - Denied the road right-of-way and impervious surface variances as requested and approved with a condition the work completed within the biuff impact zone (7:42 p.m.) Richard and Patricia Hoganson, Lot 68 Block 3 Crystal Hills, requested the following: Fence/retaining wall and stone steps placed in bluff impact zone; topography modifications with fill, less than 20 cubic yards. Vision obstructing fence placed within the 20' setback for road right-of-way. Construct a slit basin to increase the allowable impervious surface by 4.8%. The audience was polled with Jim Fletcher speaking for the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried to deny the impervious surface variance as requested by the applicants as no adequate practical difficulty/hardship had been shown that would allow for the granting of the variance as requested and the applicants were aware of the ordinance requirement that limits impervious surface coverage to 25% of the total eligible lot area. After additional discussion and consideration. Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the road right-of-way variance as requested for the vision obstructing fence as the granting of this request would establish precedence as no other properties within this immediate area have structures within the required 20’ setback area from the road right-of-way. After additional discussion and consideration, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to allow that portion of the fence/retaining wall and that portion of the stone steps located within the bluff impact zone to remain within the bluff impact zone with the condition that the applicants must obtain a conditional use permit from the Planning Commission. The variance allowing the fence/retaining wall and the stone steps to remain in the bluff impact zone is only granted if the applicants can successfully obtain a conditional use permit. Concern regarding the work that had already been done within the bluff impact zone was expressed; however, concern was also expressed regarding the damage that might occur if the applicants were required to remove the stone steps. The Board noted that a reasonable use of the applicants’ property could have been obtained by complying with the requirements of the ordinance. Randall Mann, Chair excused himself from the balance of the meeting upon completion of the above hearing. Craig and Kathy Hanson - Approved as requested with conditions. (8:17 p.m.) Craig and Kathy Hanson, part of Government Lot 3, Section 19 of Girard Township by West Battle Lake, requested the following: We are requesting a variance to make a substandard unbuildable lot recorded December 3, 1971 to be declared buildable only for the purpose of placement of an RCU on our riparian lot on West Battle Lake. (From Additional Sheet-We are requesting a variance to make a substandard unbuildable lot recorded 12-3-1971 to be declared buildable only for the purpose of placement of an RCU on our riparian lot on West Battle Lake. The purpose of placing the RCU here addresses the hardship that exists due to a lack of privacy for changing clothes, no bathroom facilities and to provide shelter from inclement weather. The RCU would be setback approximately 125’ from the lake, further back than neighboring homes and would blend in with the surroundings. The RCU would meet all setback requirements, have no sewer or water connections and would only be used during the boating season each year. The RUC would be of a moveable nature as we have no intention to ever build anything on this lot.) The audience was polled with no one speaking for or against the variance as requested. An email from Leon and Mary Bjerke in support of the variance as requested was read for the record. A letter from Richard Edmonds in support of the variance as requested with specific conditions was read for the record. After consideration and discussion, Mr. Edmonds stated that he was withdrawing his letter of support because of the unwillingness of the Board to place the conditions outline in his letter on their approval. After additional discussion and consideration, Thomas Lee made a motion, seconded by Marion Gill and unanimously carried, to approve the variance as requested/described in the variance application dated April 12, 2012 with the following conditions: 1.) the RCU must be placed at least 125’ from the ordinary high water level, 2.) the RCU cannot exceed 399 square feet in area and 3.) the granting of the variance as approved does not directly or indirectly grant any other variances for future development or for the placement of the proposed RCU on this property. Afi£ACf FB^INOJESTION rNOTt-ne f®?IRKTION OF MATS? I=R0M THE ROAO yW DfflVBiAY TO SLOMRJNOFf HC6AN50N +M2T CRYSTAL HILLS DRIVE PS.ICAN RAPIDS, m CRTSTALbAKE - RAILROAD TIES PREVIOar USED FOR EROSION CONTROL FERE RBIACED WTH BLOCK RETB(TIONIN THE PALL OF 2006 AFTBR THE LAKE HOME NAS CONSTRUCTED fSOUIH SIDE 0RI6 INSTALLED IN THE EARLY/MD 60^ ■ NOTE THE DETAILS USB? AT T>E FBtE TO SUPPORT ABSORPTION OF NATK AND CONIRa RUN OFF RAILROAD TIE RETANN6 NALLS — NSE RffLACED WTH BLOCK REieniON IN HE FALL OF 2008 AFTK BEINS DAMASB? DUR1N6 TIE LAKE HOME C0N5TWCTI0N (NORTH SIDE 0R16 INSTALLS? IN HE EARLY/MID 80SJ CONSTWCTS?/ND MAINTAIIB? A6 A FBIC^NCE HE SPRIN6 0F2OU,l9HUESTTOUSeFDR OF HE SILT BASIN APPROXII^TE LOCATION AND SIZE^6SFXI8'DffiP OF Sll/f BASIN IF AflFROVED SPOILS FROM STOtE STEP HAND EXCAVATION TO BE USE? TO SHAPE SILT BASIN NOTE HE BWSION IN THIS AREA THAT HAS TAKDI PLACE OVB? THE LAST 30 YEARS (AS I KNONITJ AM? AM TRYIN6 TO PREV0IT RRHBHAND DUS AT HIS LOTION TO INSTALL ST0(E(5Tff5, APPROX AO* OF THE SPOILS ARE AT THE TOP A*C 60* AT THE BOTTOM OR HE BIZ APPROXIMATE BLUFF LOCATION STOtE RETAIMNS NALL TO BE R01OVB? /— 32SSFNOASTOBEMOVED AND REPLACED TO ALLON FOR SRADINS, RSIAINlie PORTION OF AN OLD NOOD DECK ON HE NORTH SIDE TO BE RBAOVB? SPOILS FROM STONE STS’ HAND EXCAVATION TO BE 1£VaH?'ANDUSE?T0 METADJACBHSRADES IN ALL DIRECTIONS ROCK BB? NAS HAND NORKH? - TO SEPARTE ROCK FROM DIRT IN ORDBR TO CREATE AN AREA THAT NOULD ACCBH PLANHNS5 SOE ROCK RBWNS PILED PULE SOFE NAS USB? TO RIP RAP STONE siffS PLACE? ONTOPfHESIZNnH SRANUliARLEVQJNS MATERIAL ^ NOTE HE BEACH EROSION IN THIS AREA THAT HAS TAKDI PLACE CVK THE LAST 2 YEARS THAT PE HAVE PROTECTB? FROMHAPPBIINSROCK PILE SUPPLEMENTAL DRAWIN6 (FORRDBlIECEOdY) SCALE DRAWING FORM i »• 37 C'i ^ ^c> c> 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. i i «4 %!Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) I i +MnCRrSTALHRi5DfaVE rJ... ...t. :I..•i'![••f.1 T .1,T- i•r‘ •; ! -1i i:.1-■ A......,i I■| ..1.I |.„. i .1 I'f-L. iI •I I : I .. I -4 1 ^ //» /24— iT ;Z Signature of Property Owner Date i BK — 0909 338,596 • Victof Lundden Co„ Primers » 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): /fgg p,.Structure(s): /7 5-Deck(s): p^2Driveway(s): / Ft2Patio(s): Ft2Sidewalk(s): ^^5 R2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other: ^3^^_Ft2 37^7 Ft2TOTAL IMPERVIOUS SURFACE: r2LOT AREA: //, 37 S7 X100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO 0/J^e^/r£. 73 A /2^/U Ar' t:PpA7A7 AtA/:? €>/r^^ //zA/t>A7loKjy A//<yAC^ ^ c>7TAA 7A/(^ cpuA^Ty' » i* stone Step Installation 3 1 step replacement in the BIZ Hoganson - 44927 Crystal Hills Drive 5 “Vision” obstructing fence rr ^ i if 5 f- >7 ? mmifj ■3 '4iA ■si- m4 JM ♦Vi 1. I K1 •Mv4ii l-l "■ ■imij"'*T7 ■ :r>^y • P'irV'’ •w'I m^-‘li2 ^ppi am I Hoganson - 44927 Crystal Hills Drive rnAmm A.I “Vision” obstructing fence y f ■m Hoganson - 44927 Crystal Hills Drive k.%- “Vision” obstructing fence 1 Hoganson - 44927 Crystal Hills Drive A.^ “Vision” obstructing fence Hoganson - 44927 Crystal Hills Drive 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: Richard and Patricia Hoganson 215 48'^ Ave SW Moorhead, MN 56560 has 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, May 3, 2012 at 7:30 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 Lot 68 Block 3 Crystal Hills, Property Address - 44927 Crystal Hills Drive Section 11, Township 136, Range 42 - Township Name - Lida Lake No. 56-749, Lake Name - Crystal, Class - RD The variance requested is - the following: Fence/retaining wall and stone steps placed in bluff impact zone; topography modifications with fill, less than 20 cubic yards. Vision obstructing fence placed within the 20’ setback for road right-of-way. Construct a slit basin to increase the allowable impervious surface by 4.8%. “Wc^ne Stein Board of Adjustment Secretary Date: April 13, 2012 C v.^ 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 17th, day of April, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Richard S And Patricia Hoganson, 215 48*'’ Ave SW, Moorhead, MN 56560 6747 Denise Boe, Twp Clerk of Lida, PO Box 382, Pelican Rapids, MN 56572 Crystal Lake Assoc., % Bob Engelstad, 1506 S 12*'’, Moorhead, MN 56560 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Marion Gill, 40122 Aerovilla RD, Perham, MN 56573 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: April 17th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: ^ ■- 1 Vi Manderud vJ-'c « WANDA BORCHERT 1405 12TH STS FARGO ND 58103 4131 BOLLINGER TST 1817 EAGLE MESA AVE HENDERSON NV 89012 6200 BRIAN L & KIMBERLY R ARNHALT 2287 135TH AVE KENTMN 56553 9507 ARDEAN & DEBRA JEAN ERICKSONMARK & JUDY DVORACEK 903 20TH ST S FARGO ND 58103 2933 STEVEN C & MARY L DALEY 1619 40TH AVE S FARGO ND 58104 6303 PO BOX 141 PELICAN RAPIDS MN 56572 0141 RICHARD HOGANSON 215 48TH AVE SW MOORHEAD MN 56560 6747 JAMES & MARILYN HETLAND TST 44831 CRYSTAL HILLS DR PELICAN RAPIDS MN 56572 7519 JAMES D & DELORES M FLETCHER 41970 BUR OAK HILLS LOOP PELICAN RAPIDS MN 56572 7447 THOMAS A MATHIS 15675 BARLEY RD NW ROYALTONMN 56373 8113 DALE LEINGANG 44966 CRYSTAL HILLS DR PELICAN RAPIDS MN 56572 7556 RICHARD S & PATRICIA HOGANSON 215 48THAVE SW MOORHEAD MN 56560 6747 LINDA M PHILIPPI 18025 79 1/2STSEOFC 24 WAHPETONND 58075 5202 SCOTT E & SUSAN OMDALEN 424 MAIN ST E MAYVILLE ND 58257 1443 JEFFREY MCKEEVER 2022 KEMPTON CT FERGUS FALLS MN 56537 3976 STEIN 0 ROMMESMO ETAL 505 21 ST AVE N FARGO ND 58102 1914 GERALD M & TAMMY K RIEBER 3625 SIOUX CONIFER RD WATERTOWN SD 57201 7524 DANIEL P & LORI A RIEBER 419 CEDAR CIR HARWOOD ND 58042 4004 MARVIN & BARBARA SEMRAU 904 18TH AVE SW MINOT ND 58701 6274 DONALD SELL & PAULA STROM SELL 1122 25TH STN FARGO ND 58102 3119 SCOTT A & JODY L SEDIVY 404 PEBBLE CT EAGLE LAKE MN 56024 4602 RANDALL B & JESSICA A SONDREAL 1521 29TH AVES FARGO ND 58103 5920 TERESA SILLERUD 14497 453RDST PELICAN RAPIDS MN 56572 7259 JAMES SHERER 308 PLEASANT AVE W CLITHERALLMN 56524 2404 WESLEY D & JOAN TWEETON 45107 CRYSTAL HILLS DR PELICAN RAPIDS MN 56572 7520 THOMAS E & DEBRA KTOLLEFSONARDEAN C & VICTORIA A SWENSON 45053 CRYSTAL HILLS DR PELICAN RAPIDS MN 56572 7520 PO BOX 233 GLYNDONMN 56547 0233 SHIRLEY & RODNEY WIRTHDAN & PEGGY WELLE 45029 CRYSTAL HILLS DR PELICAN RAPIDS MN 56572 7560 MICHAEL C & CONNIE L WALSH 1914 14 1/2 STS FARGO ND 58103 4828 PO BOX 188 GLYNDON-MN 56547 01,89 * : J (