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HomeMy WebLinkAbout37000990789000_Variances_07-20-20161181927 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 10/19/2016 8;29AMreceived SEP 22 2016 LANDS RESOURCE ODcno FEEt 46.00 PAGES 3 WELL CERTIFICATE REC'D: N COCSJCD ^ ■ -X CO %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 • Receipt Number - \~| Q Accepted By / Date DAYTIME PHONE - 7SC4 COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER MAILING ADDRESS WtD^\LAKE NUMBER LAKE NAME _LAKE CLASS U\PK42-TOWNSHIPSECTION RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESSo o c ^ on ^ o LEGAL DESCRIPTION Lo+- ex TP- 'e>\k-'-|- TYPE OF VARIANCE REQUESTED (Please Check) Cluster WECSSewage System Subdivision Misc.Structure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Request a Variance to lotline, road right of way and lake. Remove existing cabin, replace with a 28’x 56’ home with a 12’ x 21’ attached garage, rebuild a 8’ x 22’ screened porch at same location. New construction to be no closer to lake or road right of way than existing approximately 27’ from lake and 16’ from road right of way. Also request to exceed the building impervious surface by 1.5% - total to be 21.5% and Shore Impact zone impervious surface by 836 square feet for a total of 1096 square feet. Would also like to request to remain 8’ from holding tank. Requests are due to substandard lot size. 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 PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Vidor Lundeen Co , Printers • Fergus Falls, Minnesota ^py Date Of Hearing Time Motion Carrie Asmus ET AL - Approved with conditions the variances as requested with the exception of the variance for the holding tank which was denied. (8:22 p.m.) After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and unanimously carried, to approve all of the variances as requested in the variance application dated September 20, 2016, with the exception of the variance as requested from the holding tank, for the replacement of an existing cabin with a 28’ by 56’ home, a 12’ by 21’ attached garage, and a rebuilt 8’ by 22’ screen porch being approximately 27’ from the ordinary high water level, 16’ from the road right-of-way and at least 10’ from the holding tank with the condition that the 3’ vertical separation must be maintain and with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. Included in the approval is the request to exceed the building impervious surface coverage by 1,5% so long as the total impervious surface coverage does not exceed 25% and to approve 1,096 square feet of impervious surface coverage within the shore impact zone. Hardship/practical difficult is a substandard lot of record. Chairman/O^f 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 bk 072011-001 Rodney Asser and Cheryl Earley - Variance application approved as requested with a condition. (8:05 p.m.) Rodney Asser and Cheryl Earley, Lots 25 and 26 Block 3 Lida Shores Addition, requested the following: We have a newly installed 3000 gallon sewage holding tank system which was inadvertently installed within a private drive right-of-way as platted. We would like to get a variance to leave tanks as installed. The new tanks we needed because in the process of selling property a sewage inspection was required and found current system was noncompliant and within a bluff zone. Merle Earley appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. An email from Dan Fankhanel in support of the modified plan was read for the record. After discussion and consideration, Steve Schierer made a motion, seconded by Darren Newville and unanimously cairied, to approve the variance as described in the variance application dated September 21,2016 and as depicted on the drawing submitted with the variance application with the condition that the most southerly tank must be moved to the north of the northerly tank. The variance as approved does not directly or indirectly grant any other variance for future development. Kenneth Schwarzrock - Approved the outside grilling area and denied the swing set location. (8:10 p.ni.) Kenneth Schwarzrock, Lot 1 Rose Lake Beach and part of Government Lot 4, Section 22 of Hobart Township by Rose Lake, requested the following: Building an outside grilling area on existing impei-vious patio. This structure is not 100' from water. It is behind line of site for existing dwelling. The outdoor grill is IT from the ordinary high water level. Also, keep the existing swing set with tower in its current location which is up to the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. An email from Larry Madson expressing concerns with the placement of the grilling area and the playground equipment was read for the record. A letter from Corey Nyhus in support of the variance as requested was read for the record. After discussion and consideration. Jack Rosenthal made a motion, seconded by Darren Newville, and carried with Thomas Lee voting no, to approve the variance as requested for the outdoor grilling area and to deny the variance as requested for the location of the existing swing set. The outdoor grilling area does not obstruct the view from the adjacent properties. Concern for safety is the primary reason the swing set location was denied. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Carrie Asmus ET ,-\L - Approved witli conditions the variances as requested with the exception of the variance for the holding tank which was denied. (8:22 p.ni.) Carrie Asmus ET AL, part of Lot 12 Block 4, Lake Lida in Lida Township, requested the following: request a variance to lot line, road right-of-way and ordinary high water level. Remove existing cabin, replace with a 28’ by 56’ home with a 12’ by 21’ attached garage, rebuild an 8’ by 22’ screened porch at same location. New construction to be no closer to lake or road right-of- way than existing approximately 27’ from lake and 16’ from road right-of-way. Also request to exceed the building impervious surface by 1.5% - total to be 21.5% and shore impact zone impervious surface by 836 square feet for a total of 1096 square feet. Would also like to request to remain 8’ from holding tank. Requests are due to substandard lot size. Leo Christiansen 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, seconded by Jack Rosenthal and unanimously canned, to approve all of the variances as requested m the variance application dated September 20, 2016, with the exception of the variance as requested from the holding tank, for the replacement of an existing cabin with a 28’ by 56’ home, a 12’ by 21’ attached garage, and a rebuilt 8’ by 22’ screen porch being approximately 27’ from the ordinary high water level, 16’ from the road right-of-way and at least 10’ from the holding tank with the condition that the 3’ vertical separation must be maintain and with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. Included in the approval is the request to exceed the building impeiwicus surface coverage by 1.5% so long as the total impervious surface coverage does not exceed 25% and to approve 1,096 square feet of impervious surface coverage within the shore impact zone. Hardship/practical difficult is a substandard lot of record. Annette Trupeau - Approved the variance application as requested. (8:32 p.m.) Annette Trupeau, Lot 35 Fair Oaks, West Battle Lake in Girard Township, requested the following; hardship substandard lot of record and existing placement of dwellings. Remove highlighted pavers and add addition in their place. Variance 12’ from road right-of-way setback. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously can ied, to approve a variance of 12’ from the required road right-of-way setback of 20’ for the proposed development as described in the variance application dated September 22, 2016 and as depicted on the drawing submitted with the application. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for future development. October 13, 2016Page 14 !1 I SCALE DRAWINGi FORM' i M ‘ I ' : ' : ■ ! !i Tax Parcel Number(s) The scale drawing must be a signed drawing which inciudes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographicjeatures (i.e. bluffs). Musf also complete the Impervious Surface Calculation (see back).c !- Scale t i ^: ! Kferfin.' l~oT ! (1 !;:;1 i ■ ■i ! i' .!;i t r \i >i !Itcu. N' in ~- In ! ■ i1i!!iz i I'a.[:fa-o'■ tfl - S 3" :- t ^^r 1 - ^ % -Io iII fIfls nj;1 WJi 1 I to ^!/I i)n pi:i J' V i , 1X7Ii rI 1-0 '! .<. \ ' -sh 5 /L > l: .fv /33-. 7=X i !I jr' ;[:/a t\ wf'- g cx /!1 f :(I S'I rs I !(1 5 1 -Xs ,- i1■; ,)i. I o j iIMI ')C‘ i 'll.o!S~-I)Q i i 'FVi5:i!Q !1sXi/'•3 ..i■7rn3 1 i ®:1 r-I , i ?■i 11I1i1)I;j ;f If IjI( I. j -I P-W f I ii1/6'f t i I I (11s f \-B : i ■r1/!1;i ,iki ■ N. i 1f ;1Signature Jf Property Owner Date . , 36flj6n0 * Vicio) Liinrifien Co. Praters ■ Fergus tails, *1-8(p-346.4f^ ' / ! ' . ' j7^!!(Ry_naon-rp !TY Tf IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings ProposedExistingProposedExistingFt^Ft^Ft^Ft^ 70 2 Deck(s)Dwelling Patio(s)2^2Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed ildDriveway(s)WOAS 127 Parking Area(s)RCU Retaining Wall(s)Miscellaneous I7fe Landscaping (Plastic Barrier) Miscellaneous \Z717(3ISS6^14 TOTAL OTHERTOTAL BUILDINGS ✓ Buildings Impervious Surface Percentage Maximum Allowable 20% Lot Area Impervious Surface Ratio Proposed TotalExisting Ft^Ft^Ft^Ft^Total Buildings cfP43 -2/3 2 (-'5*^1336-0 100+H-X = Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio Proposed TotalExistingTotal Buildings + Other Impervious Surface Ft^Ft^ Ft^Ft^ ZI23 ■Z4.S 7.100+X Impervious Surface Calculation Worksheet 04-11-2016 Date f/2c//f.Signature: rr SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. ^ )if Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Def # 76. Shore Impact Zone (SIZ>: Existing Ft^Proposed FP Building(s) Deck(s) Patio(s) Sidewalk(s) Lariding(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous 17^ TOTAL ExistingTotal Shore Impact Zone Impervious Surface Proposed TotalFt^Ft^Ft^ 3 Maximum Allowable 260 Ft^ a Impervious Surfece Calculation SIZ 04-11-2016 : 9mASignature:Date:7 7 '^1//I i 2- Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Palis, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduied hearing. To Whom It May Concern: . Carrie Asmus ET AL 1889 Carrol I Ave Apt 4 St. Paul, MN 551014 - 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 Adjustrnent will assemble for this hearing on Thursday, October 13, 2016 at 7:30 p.m. , in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public V 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 Partof Lot12 Biock4, ■^1 Property Address - 25940 Lida Shores Loop Section 15, Township 136,.Range 42 - Township Name - Lida Lake No. 56-747, Lake Name - Lida, Class - GD :> ■ The variance requested is - the foliowing: request a variance to iot line, road right-of-way and ordinary high water level. Remove existing cabin, replace with a,28’ by 56’ horhe with a 12’ by 21’ attached garage, rebuiid an 8’ by 22’ screened porch at samelocation. New construction to be no closer to lake or road right-of-way than existing approximateiy 27’ from lake and 16’ from road right-of-way. Also request to exceed the building impervious surface by 1.5% - totai to be 21.5% and shore impact zone impervious surface by 836 square feet for a total of 1096 square feet. Would also like to request to remain 8’ from holding tank. Requests are due to substandard lot size. September 23, 2016 "Wayne Stein Board of Adjustment Secretary 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 27th, day of September, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Carrie Asmus ET AL, 1889 Carroll Ave Apt 4, ST. Paul, MN 55104 3568 Leo Christiansen, 14315 260*'^ Ave, Detroit Lakes, MN 56501 Lake Lida Assoc., Bob Engelstad, 1506 S 12*'^ ST, 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 Darren M Newville, 614 6*'’ St NE, Perham,MN 56573 Jack Rosenthal, 150 Willow Road, Ottertail, MN 56571 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: September 27th, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud JAY A & MELANIE A DOLLISON 25925 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7512 DAVID & STACY BOSCH 8584 PINEHURST ALCOVE WOODBURY, MN'55125 9177 CARRIE ASMUS ETAL 1889 CAFIROLL AVE APT 4 SAINT PAUL, MN 55104 3568 DEBRA D FETT ET AL , ■ PO BOX 62115 , FORT MYERS, FL 33906 1036 ERIC 8i JULIE LARSON 225 5THSTN OAKES, ND 58474 1212 CHRISTINE GARRETT 25928 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7512 > NEIL & KATHY LERFALD 816 3RD ST PORTLAND, ND 58274 4402 NEIL LERFALD 816 3RD ST PORTLAND, ND 58274 4402 MICHAEL D & DANIELLE LESHOVSKY 1114118TH STNE SAINT MICHAEL, MN 55376 4505 ■ S- JOEL C& LINDA J PLADSON 10173 JUNIPERLN MIDDLEBURY, IN 46540 9451 ' MIMI PROPERTIES LLC V 3509 6THSTE WEST FARGO, ND 58078 5430 JUANITA &. DOUGLAS LORENTZ 46912 COUNTY HIGHWAY 31 PELICAN RAPIDS, MN 56572 7129 JOSEPH M & TAMARA D SEIFERT 25896 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7549 . ALLEN & CONNIE PLATT . 25787 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7509 JAN REISER TST, 4158 FURNBERG PL S FARGO, ND 58104 6089 DANIEL J & SUSAN R WIECZOREK 2466 BOBOLINK RD LONG LAKE, MN 55356 9533 ; CHARLES E & JOAN C TORGERSON , ' 25920 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7512 Leo Christiansen 14315 260''' Ave Detroit Lakes, MN 56501 I' • "I an4^ntduiyMIcrolHiiiid>*O*®-* ---------- 730193 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA iD^yOlReceipt No. Owner; Application Fee $Leo P ________ 0»»ut» hristiansen Patricia 612-454-3465JPhone: Last Name First Middle St. Paul731 Mohican CT.Minnesota Street & No.City State Zip No. &D |S[Twp. TggaqSi |3</> LidaLake No.Lake Name Lake Class LidaSec.Range Twp. Name Legal Description:Lida Shores L4449Fire No. or Lake ID # _ Lot 12 EX Tr Blk 4 37-000-99-0789-000Parcel Number VARIANCE REQUESTED IS: Variance in allowing the extension of the existing deck on the front of the cottage and providing a screened area on the same space at 4 distance from the shore that is less than normally allowed.L, c c: IV i-:- MAY 1 3 ^992 IM) a HlSCsj^ce 3.5 to 10.5’ from the required shore impact zone setback of 37.5 . 23. In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. I understand I must contact my township in order to determine whether or not any additional variance and/or permits are required by the township for my proposed project. r //Application dated . X Signature Of Applicant 19 . Time:Date of hearing:M MOTION AS FOLLOWS: Motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried to approve the variance as requested in the application with the provision that this will be the Chairman Otter Tail County Board of Adjustment IPermit(s) from Land & Resource Mana^/nent required:yes NO mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 258,371 — Vidor Lundeen Co., Printers. Fergus Falls. Minnesota