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Home My WebLink About37000991160000_Variances_10-06-2013DOC# 1137080 Date Stamp 1137080 Fee. $46 00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd November 20, 2013 11:45 AM Brian Armstrong, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA -.i-wCiV i. . I J Returned To: LAND & RESOURCE By: NDB 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 AS^OO Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date ^ >c;[T 1^0(3 Oulir Ma^o/^:Z(H50-19SOFPROPERTY OWNER DAYTIME PHONE PO ftox 21 \I<LTCY/yU/0 S(dSK1MAILING ADDRESS LAKE NUMBER LAKE NAME TOWNSHIP i3(o RANGE TOWNSHIP NAME LlAo^ LAKE CLASS SECTION PARCEL NUMBER E-911 ADDRESS3iooom\u,n(Y)o LEGAL DESCRIPTION (S'^MS-FcvI /iCion4/f)S SyW'V'SioFT (0 1 n TYPE OF VARIANCE REQUESTED (Please Check) Xstructure 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. <Sobdiuicle> TtclcA IV c3. ^fOYr^ Poor4- TciXc-^ ^ IS E^\uc. PcL\ri TV-fccf Nl). ^ -k> be SoU 4o o-V 'XrxzcA 1^0 > 11^ ^^A<di bc- H^2.cAfl. d A P^XCef 3:^ 3>1 OOO^^I I ^ O y Kefeicn 7n^ Ao*'es OoKicIt d'anitL/u I'sJV.YA (X^^rK m 1/ ■ 1(X^jVxxr^ . Wci'itSAcf {'i^^UiTyjuriirt^ (a. S /. 7{fxAj^ 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. ;TY owner / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ig4 ■ Victor Lundeen Co Printers • Fergus Falls Minnesota La /V.S: /^/r\Date Of Hearing Time Motion Julie Marple - Approve the variance application as requested with conditions. (6:45 pm.) After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the proposed subdivision as requested in the variance application dated October 6, 2013 with the condition that a registered surveyor’s drawing must be provided and with the condition that the portion of Tract No. 9 west of the road must be permanently attached to Tract No. 11 as depicted on the drawing submitted with the application. Hardship/practical difficulty is the road that currently separates Tract No. 9. It was noted that the variance as approved does not created an additional residential building site. Chairman/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 LR Official/Date bk 072011-001 ■T ' MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, November 14, 2013 The Otter Tail County Board of Adjustment met Thursday, November 14, 2013, with the following persons in attendance: Rod Boyer Thomas Lee Bill Kalar, Land and Resource Management Director Kyle Westergard, Land and Resource Management David Hauser, County Attorney Michael Harris Steve Schierer Paul Larson Ward Uggerud Called to Order - Steve Schierer, Chair calied the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the October 10, 2013 meeting as mailed. The Board of Adjustment considered the following applications for variance: Ken Wiebe - Approve the variance application with a modification. (6:34 p.m.) Ken Wiebe, part of Government Lot 2 and part of the Northwest Quarter of the Northeast Quarter, Section 14 of Edna Township by Paul Lake, requested the following: Project is currently over impervious surface area. Garage is currently leaking water due to location and the way it is built. Water is going into house from roof line and mold is growing in garage and on house walls. Scope: Move garage away from lake and eliminate concrete pad down by lake. Move garage next to house and change roof line and drainage issues between neighbor and house. Requesting a variance from the lake setback, lot line and impervious surface coverage. 1.) Currently the existing detached garage is approximately 53’ from lake. Requesting to move the detached garage 5’ back being approximately 58’ 1” to lake and in line with the existing dwelling. Required setback is 100’. Will also be changing the roofline on the existing dwelling to match proposed garage. 2.) Requesting a lot line variance to be 1.5’ from the lot line for the attached garage. Required setback is 10’. 3.) The existing impervious is 32.73%. We are proposing to remove concrete by lake which is 253 square feet and also reducing garage size by 42 square feet, which will bring impervious to 29.5%. Nate Tobkin 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, Paul Larson made a motion, second by Thomas Lee and unanimously carried to approve the placement of the proposed development 58’ 1” from the lake, (which will place the proposed garage in line with the existing dwelling) and 3.5’ from the lot line with the condition that no more than 29.5% of the total eligible lot area can be covered with impervious surfaces. The variance as approved does grant the applicant permission to change the roofline on the existing dwelling to match the proposed garage. The proposed development is an improvement over the existing development and will reduce impervious surface coverage by 3.23%. The applicant’s representative was encouraged to verify the impervious surface calculation with the Land and Resource Department specifically to determine if the proper amount has been included for the driveway. Julie Marple - Approve the variance application as requested with conditions. (6:45 pm.) Julie Marple, Tract 9 Crystal Hills 6”^ Addition (Auditor’s Subdivision No. 109), Crystal Lake in Lida Township, requested the following: Subdivide Tract No. 9 from part Tract No. 9 which is separated by Bypass Drive. Part Tract No. 9 to be sold to owner of Tract No. 11 and be permanently attached to Parcel No. 37000991162000. Retain approximately 2.75 acres which contains wetland (requirement is 5 acres). Survey will be provided upon approval. The audience was polled with Paul Logan expressing concerns with the possible location of new structures next to his property. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the proposed subdivision as requested in the variance application dated October 6, 2013 with the condition that a registered surveyor's drawing must be provided and with the condition that the portion of Tract No. 9 west of the road must be permanently attached to Tract No. 11 as depicted on the drawing submitted with the application. Hardship/practical difficulty is the road that currently separates Tract No. 9. It was noted that the variance as approved does not created an additional residential building site. y t * AMVy/[ \{CLt^iCf-i/\C^ Aft' 3 j Cf'^ l\^37'Ooa- 3"?- /fc,z-odo ^ract No.li ti «a r—7 z ■^roct No.JO T’ract No. 9 «( jyU-e. ♦ -r * \f\ )A tract of land situated in the County of Otter Tail, State of Minnesota, being the following described parcel located in the E|NEJ of Section 11, and is SEJSEJ of Section 2 all in Township 136 North, Range 42 West of the Fifth Principal Meridian: Beginning at a point on the east line of said E|NEJ of Section 11, which point bears North 00 degrees 00 minutes 42 seconds West 1,745.00 feet from the southeast thereof; thence South 89 degrees 23 minutes 40 seconds West 312.21 feet to the easterly right-of-way line of the 66 foot wide road as now located and constructed in said E|NEJ; thence North 14 degrees 18 minutes East, along said easterly right-of-Way line, 250.40 feet; thence North 80 degrees 40 minutes West 66.25 feet; thence North 14 degrees 18 minutes East 13.61 feet; thence North 27 degrees 54 minutes 45 seconds East 55.33 feet; thence North 80 degrees 40 minutes West 210.00 feet; thence North 27 degrees 54 minutes 45 seconds East 392.00 feet; thence East 258.40 feet to said easterly right-of-way line of the 66 foot wide rdad; thence North 01 degrees 05 minutes West 251.42 feet and North 87 degrees 04 minutes 38 seconds East 56.43 feet; along said easterly right-of-way line; to the east line of said Section 2; thence south, along the east line of said Section 2 a distance of 71.19 feet to the northeast corner of Section 11; thence South 00 degrees 00 minutes 42 seconds East along the east line of said Section 11, a distance of 875.69 feet to the place of beginning, excepting • therefrom that portion thereof contained in the right-of-way of said 66 foot wide road. The land herein described contains 5.02 acresnot including the area in the right- of-way of said 66 foot wide road.O •ucRs^Sr^L }ilLLS^ Lo'l This property also contains a permanent easement with the Township of Lida. ' This property contains no Wells. corner ; I EXfflBIT “A” WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^ 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 # ii (o0c)06 described in my \[(kthov\CA^_____^ 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 Appiication(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). i0~(p-i3 DATED 01-03-2011 Mbowman app &forms~ waiver 60 day rule Notice of Hearing for Variance Otter Taii County Government'Services Center SiOFirAveW Fergus Palis, MN 56537 (218) 998-8030/998-8Q41 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: Julie Marple p6Box21 Vergas, MN 56587 has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirerhents 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 • ■•i Thursday, November 14, 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 Tract 9 Crystal Hills 6“^ Addition (Auditor’s Subdivision No. 109), Property Address - 44908 Bypass Drive Section 11, Township 136, Range 42 - Township Name - Lida Lake No. 56-NA, Lake Name - NA, Class ^ NA The variance requested is - the following: Subdivide Tract No. 9 from part Tract No. 9 which is separated by Bypass Drive, Part Tract No. 9 to be sold to owner of Tract No. 11 and be permanently attached to Parcel No. 37000991162000. Retain approximately 2.75 acres which contains wetland (requirement is 5 acres). Survey to be provided upon approval. W(^ne Stein Board of Adjustment Secretary Date: October 25, 2013 ■ s i I' d y.W , ' 4r , 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 28th, day of October, 2013 the attached Notice of Hearing.for Variance was duly served upon the individuals listed below and/or included in the attachment: Julie A Dehn Marple, PO Box 21, Verges, MN 56587 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 si6515 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 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 Rod Boyer, 51127 E Wymer Lk Rd, Frazee, MN 56544 '■> •i 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: October 28, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:1 Vi Manderud : L & FILE MEMO LAKE/RIVER/WETLAND NAME PARCEL #PROPERTY-OWNER Date L&R Official. kJUHUd Ynjlp LoIiIMUIMjO CUj U iSf iotyi^L£jct£> ^iA(HsiaJajl 'iTtJtMAJUAJ ^ Action/Comments. vMjimujD vut> oa^ (na4) r)t€i^) 'Aoiut^ij (M6a£ld)- PdiJ^ ^OXtMM-UjtAXxi^ IXjjtOd^pUJ (^XoJojriAMSLMd J^\jH4aJ dClfiP %d ^ UM-uJi^ 't(u:> Uyu^ ib ujLO Hjujlm)^ QMhJutJyyio^ D^nit^, Date L&R Official Action/Comments. L&R OfficialDate Action/Comments. j• I L&R OfficialDate Action/Comments. Date L&R Official Action/Comments. % • L&R OfficialDate Action/Comments. Date L&R Official Action/Comments. {jau0j$h^ )!M^ PkJt^m35 /hLdJb (^i-h (lcl/>l/n) 0.'3ir iIaIsO OMMctOMvaMMto Cowty tl OwpTin "35773^ •— 4ii^ / L'.,,,.^u' i .jsrssez ? y .J »? I REVISIONS 9>n-7e Tract NaSoaOcd.6*15*79 T 7-24*79 Troci loyeut oxIonMa ' • norm an matching BhMt.. 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