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Home My WebLink About37000991094000_Variances_12-12-2013DOC# 1138129 Date Stamp 1138129 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd December 16, 2013 2:15 PM Brian Armstrong, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA ,, J/J Returned To: \LAND & RESOURCE By: LL 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 __DAYTIME PHONE 53:^^ (WlU ____ LAKE CLASS Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ///2 su\lcPROPERTY OWNER MAILING ADDRESS LAKE NUMBER LAKE NAME 13k.SECTION /O TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 t! !ADDRESS Ncnt ~ Ud across frvm dl-f t nafh iocp p^. luut^ 9 9 /o LEGAL DESCRIPTIONlot ^ 0IKSI P-f tUrrpuHi P-f 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. , . „ cLot b«L th* iat Has ns of on \«VU. isr(£u.^ri<t ■*- 8q COD i(p ft of (ot octo.- ^Tno-^c Tkc V»V bo.W*bU- fersivujU W.u, f-(Si LLS'^ • 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. D^SI OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING SCANHED(Applicant Will Receive Notification As To The Date/Time Of Hearing) p. n;pr^ . Fergus Falls Minnesota Jy'^(3 A/y?.Date Of Hearing Time Motion Richard and Stephanie Nelson - Approved the application with a modification. (6:50 p.m.) 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. Chairman/Otter Tail County Board of Adjustment v> Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 072011-001 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 lot 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: •i. 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-vs stated below. 1) The existing home is 135 feet from the ordinary high water line. With the 12 foot frorit 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, i 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.... 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 C1 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 to the east (which is currently owned by the applicant’s daughter) will be 9.96 acres. i Wayne Stein rpkuhn@bis.midco.net Friday, December 06, 2013 4:59 PM Wayne Stein Application for Variance for Richard and Stephanie Nelson From: Sent: To: Subject: To Otter Tail County Board of Adjustment; I have a couple concerns regarding the application for variance submitted by Richard and Stephanie Nelson. The property concerned in the application is legally described as Lot 2 Block 2 Deerpath at Crystal, Property Address - Located across from 25415 Deerpath Loop, Section 10, Township 136, Range 42 - Township Name - Lida Lake No. 56-749, Lake Name - Crystal, Class - RD First, my two lots, which are now 25379 Deerpath Loop, were deemed unbuildable. I was forced to apply for a variance to combine the two lots into one buildable lot. The Board did not allow me to build on my back lot of similar size to Mr. and Mrs. Nelson. I was forced to pay a $1500 fee to the county to combine my lots in order to build. If their variance is approved, I fully expect a refund for my $1500. Second, my neighbor and I have discussed the ramifications of drainage if the back lots in our neighborhood were to be developed into single family homes. All water would flow directly into our yards and shoreline. This is unacceptable. I would like to request that before anything is approved, a study should be done to determine the adverse effects to those in the neighborhood. Thank you Rick Kuhn 25379 Deerpath Loop Pelican Rapids, MN 56572 Sincerely, Rick Kuhn sen1 1^ or mumPrepared^ By ROBERT B. OSLUND 8 ASSOC., INC. PART OF GOV'TFergus Falls, Minn. aL'JI- I-Deve leper = ROBERTS JUDITH 80RCHA Loke Fores! , Illinois '50otf" '8.56' K 7 r SCALE DRAWING FORMV 31 non 99/o9‘/^y/^n 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, drainfieids, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side)! I !t i_ r 4[..I ■ r -i 1r ■r /• ■■i i Lef Z mVLZt aV i ■ i...1..- :i... ■1TN iI 7 -7- [ —4;Vi i■tr r .1 l.. .L ! 4' ;■ L r .... ,r "7- i .....•f 't !■ 1^0. cx^ I.I .■T 7" 7' ■i •I".4 I..i.■■I"I SCANNED-f •7 ////9/30B1 Signature of Property Owner ite BK--0909 338,596 « View Lundeen Co. Pfiryers • Fergus PaJIs. (ytJ * 1-800-346-4870 1] IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s);i Ft2Patio(s): Ft2Sidewalk(s); Ft2Stairway(s):I Ft2Retaining Wall(s); Ft2Landscaping: (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: V • Ft2LOT AREA: n ,%X100 = IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA . . . ' i V WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 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 # Cl. ncdescribed in my dated 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 receipt 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 I 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). DATED SCAHHID01-03-2011 Mbowman app &forms~ waiver 60 day rule Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTm Tfllt Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Richard and Stephanie Nelson 29300 so"' Ave S Hawley, MN 56549 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 Lot 2 Block 2 Deerpath at Crystal, Property Address - Located across from 25415 Deerpath Loop Section 10, Township 136, Range 42 - Township Name - Lida Lake No. 56-749, Lake Name - Crystal, Class - RD The variance requested is - 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 lot on a RD 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. ‘H^ayne Stein Board of Adjustment Secretary Date: November 22, 2013 SCANNED 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: Richard L and Stephanie Nelson, 29300 80'^ Ave S., Hawley, Mn 56549 8972 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 1®‘ Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 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 Rick Wilson, 609 W lakeside Dr, Fergus Falls, MN 56537 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 SCM •! «* CRAIG M & SANDRA CHRISTIANSON 95010THSTNE VALLEY CITY, ND 58072 2426 SANDRA KAY BENSON 25272 COUNTY HIGHWAY 4 PELICAN RAPIDS, MN 56572 7506 JR.L CR PARTNERSHIP 4300 88TH AVES FARGO, ND 58104 9105 i GERALD M CRISSLER 25385 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7509 THOMAS J HAGGENMILLER 222 2ND AVE SE #105 PERHAM, MN 56573 1719 MICHAEL-A DEISZ 853 MUNICH DR, BISMARCK, ND 58504 7043 RICHARD P& COLLEEN M KUHN 8329 BRIARDALE LOOP BISMARCK, ND 58504 3009 • KRATZKE FAMILY TST , 25479 COUNTV HIGHWAY 4 . PELICAN RAPIDS, MN 565727506 HOFMAN FAMILY LAKE PROP LLC 1201 OAK ST N FARGO, N 6 58102 1340 ERICMUCKENHIRN 25393 DEERPATH LOOP PELICAN RAPIDS, MN 56572 7508 MICHAEL R & CHRISTINE LAWYER 955'KLYVARD ■COKATO, MN 553214641 JEFFREY C & SUSAN K MCCRACKEN 25495 DEER PATH LOOP PELICAN RAPIDS, MN 56572 7508 DAVID V & ARDIS NELSON 107 FLEUR DE LIS CT EAST PEORIA, IL .61611 2174 JOEL D & CAROLYN J NELSON 25473 DEERPATHTOOP PELICAN RAPIDS, MN 56572 7508 CAROLYN R NELSON 25415 DEERPATH LOOP PELICAN RAPIDS, MN 56572 7508 MERYL L& TAMMY RASK 4693 38TH AVE S FARGO, ND 58104 8506 paul&mArthapfeifle 26199 COUNTY HIGHWAY 4 PELICAN RAPIDS, MN 56572 7550 . RICHARD L& STEPHANIE NELSON 29300 80TH AVE S HAWLEY, MN 56549 8972 BRANDON & AMANDA TWEETON 44792 CRYSTAL HILLS DR PELICAN RAPIDS, MN 56572 7519 'v Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usCtTTjERTflll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Richard and Stephanie Nelson 29300 80"^ Ave S Hawley, MN 56549 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.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 Lot 2 Block 2 Deerpath at Crystal, Property Address - Located across from 25415 Deerpath Loop Section 10, Township 136, Range 42 - Township Name - Lida Lake No. 56-749, Lake Name - Crystal, Class - RD The variance requested is - 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 lot on a RD 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. Wayne Stein Board of Adjustment Secretary Date; November 22, 2013 "After 5 Days Return to" Otter Tail County Auditor's Office Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 ^ ^ POSTAGE » PITNEY BOWES $ 000.46°ZIP 56537 02 1W ii 0001377350 NOV 22 2013 OCC 0 4 2013 MICHAEL R & CHRISTINE LAWYER 955 KLYVA RD COKATO, MN 55321 4641 r\r\^ -x\j ^ f J \J f a.37 c ^ f\r\€\ #1— a. VJ' SJ u T V r c C C 7 ^ -9 RETURN TO SENDER NOT DELIVER.ABLE AS ADDRESSED UNABLE !U FUKWARD *1835-08945-22-37 .. .mill.... 11 III!.. n Mii?. I. ..fill,.. .1 .li,..11 .i.f .1.1 BC: 56537136410 5S32 i f ®-L ^