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HomeMy WebLinkAbout37000991368000_Variances_09-01-20111097007 DOC# 1097007 1097007 Fee: $46,00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp Certified, Filed, and/or Recorded: September 07, 2011 9:45 AM Wendy L. Metcalf, Recorder received AUG 0 3 2011 land & RESUURCE X\/ \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 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONEPROPERTY OWNER if)/ /1//9 Li ^ MAILING ADDRESS 6D7V7LAKE CLASSLAKE NAMELAKE NUMBER L i gjgQRANGETOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER L7 0009^ / -^ n n O LEGAL DESCRIPTION Lci'V' j-T Lcc^ AtLlio. TYPE OF VARIANCE REQUESTED (Please Check) Subdivision Cluster WECS Misc.Sewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. •^rope<4y 4o e4is>+- is Cwrren4Au bcm^ as -^et- col<v^ pic 4vA,K.^A^-fe (> UA4W.v4T.U(4kioA,^Lyvcl AS 4 ltj+ , , . (>€ VOCcU-^d' 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. SSTANDTHAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & lANAGEMENT REGARDING THIS MATTER. I ALSO UNDE RESOURPElV ■>8l6NfrrURE 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 • Victor Lundeen Co . Printers ■ Fergus Falls, Minnesota 7TimeDate Of Hearing /V Motion Future Generations LLC - Approved the application as requested. (7:32 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve the proposed subdivision as depicted on the Certificate of Survey filed with the variance application dated August 9, 2011. ounty Board of Adjus|mChairman/Otter Tail Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 September 1, 2011 Page # 3 Martin and Sandra Friedrich - Continued After consideration and discussion, Ken Erickson made a motion, seconded by Michael Harris to deny the variances as requested. This motion was withdrawn. After additional discussion and consideration, Ken Erickson made a motion, seconded by Michael Harris and unanimously carried, to approve the variances as requested for replacement of an existing 1000 gallon sealed septic tank with two 2000 gallon sealed septic tanks and to deny all other variances as requested noting the number of variances necessary for the development as proposed and expressing concern with the amount of impervious surface coverage. Generations LLC - Approved the application as requested. (7:32 p.m.) Future Generations LLC, Lot 2 Block 2 Palms of Lida First Addition, Lake Lida in Lida Township, requested the following: Variance from the subdivision controls ordinance, to allow Chiovaro’s to purchase, without platting, that portion of Lot 2 Block 2 depicted on the certificate of survey. The Chiovaro’s own adjacent and contiguous property to the east which is currently being used as the driveway and yard. Future Generations LLC proposed to complete the transfer to Chiovaro's without platting, and as a substandard lot would be permanently joined with a part of Chiovaro's property. Existing south driveway easement will be vacated. Bruce Qvammen represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve the proposed subdivision as depicted on the Certificate of Survey filed with the variance application dated August 9, 2011. Larry C Madson and Laurel Mahan - Approve the application as requested with conditions. (7:38 p.m.) Larry C Madson and Laurel Mahan, part of Government Lot 4, Section 22 of Hobart Township by Rose Lake, requested the following; 1.) Variance from Subdivision Control Ordinance to be allowed to sell approximately 75’ by 150’ lot with 30’ by 48’ garage to be attached to Lot 10, Rose Lake Beach Wylie's Addition and 2.) Approximately 130’ by 150’ lot to be attached to existing adjacent Tract A. Larry Madson and Corey Nyhus represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve the proposed subdivisions, as depicted on the sketch presented at the public hearing, for nonresidential development with the following conditions: 1) that the area within Tract C cannot be used when calculating impervious surface coverage for Lot 10 of Rose Lake Beach Wylie’s Addition, 2) that Tract B must be permanently attached to Tract A and 3) a registered surveyor’s drawing must be presented at the time of conveyance. Tracts “A”, “B” and "C” are identified on the sketch prepared by Meadowland Surveying Inc., William D and Sharon R Hoverson - Approved the revised plan with conditions. (7:45 p.m.) William D and Sharon R Hoverson, Lots 2 and 3 Silent Acres, West Silent Lake in Dora Township, requested the following: We request a variance of 72’ from the required 100’ setback from the ordinary high water level in order to build a two-story 24’ by 28’ addition to our existing cabin. The existing cabin sits 19’ from the ordinary high water level. We propose to site the front of the new addition 9' back from the front of the existing cabin. Therefore the setback of the new addition from ordinary high water level would be 28’. We further propose to abandon and fill the existing holding tank, which is precariously near ordinary high water level (approximately 30’). We would replace the holding tank with a lift station and drain field approximately 75’ from ordinary high water level. We also seek a variance of 40’ from the required 150’ lot width for lakes now classified “RD”. (When we purchased the property in 1989, West Silent Lake was classified General Development - “GD”.) August 4*'^, 2011 meeting - The applicants’ contractor appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to table, with the applicants verbal permission, this public hearing until the September 1, 2011 Board of Adjustment meeting to allow the applicants time to consider other development alternatives that either do not require the granting of any variances or required less variance than what is being requested. September 1, 2011 meeting - William and Sharon Hoverson presented a revised plan for consideration by the Board of Adjustment. After consideration and discussion, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 30’ from the required ordinary high water level setback of 100’ for the proposed development as described in the revised plan and drawing dated September 1,2011 with the following conditions: 1.) the existing holding tank located on Lot 3 Silent Acres must be legally abandoned and 2.) there can be no plumbing (sewer/water) services connected to the existing cabin, which will be converted to a nonresidential use. Lx}^^\-lO Westerly line of Dedicated Public THERoad per PALMS OF LIDA JV ••" R=137.00’ L=137.19’ 2.i'I >Northerly line of 0=131.53’L=138.57’I y ■/y/■:, CS=S14'17’09’’E ^Lot 15, Block OneyC=13S.24’/ y't*\Ca=S07’35’33’’Wy L=1V48’48"'^ ■r>•. a-,/z.JR= 517.00’•H.,'**.>Sk~:*•*,L=106.60’4)Ck„.Qii^0=106.41’sheet E fOE70B=S06'41’24”W.e^/ 77395-140 Dpici (j)f2..-Si47 \7'1 lO iAo - L-t"ci. tc> ^ X ■ EaE k) MJEEc' ^ 'HoLj V Marsha Bowman Marsha Bowman Friday, August 05, 2011 12:09 PM Wayne Stein RE: Boundary line adjustment From: Sent: To: Subject: Wayne, Thanks for updating me regarding the proposed subdivision of Lot 2 BIk 2 of The Palms of Lida. First Addition. If there are any questions that I can assist you with in regards to this request, please let me know. Marsha ■ From: Wayne Stein Sent: Friday, August 05, 2011 11:58 AM To: 'Scott Walz' Cc: debbie@cactitle.com; bruceq@loretel.net Subject: RE: Boundary line adjustment 08/05/2011 Dear Mr. Walz, It is my understanding that very recently both Bruce Qvammen and Debbie were informed by the Land and Resource Department that a variance would be required. I will respect their decision. Please note - the application deadline time and date for the next Board of Adjustment meeting is noon on Thursday, August 11, 2011. Sincerely, Wayne Stein, County Auditor Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone 218 998-8041 Fax 218 998-8042 Email - wstein(5)co.ottertail.mn.us From: Scott Walz [mailto:swalz@meadowlandsurveying.com] Sent: Friday, August 05, 2011 10:20 AM To: Wayne Stein Cc: debbie@cactitle.com; bruceq@loretel.net Subject: Boundary line adjustment - Wayne, Attached is a copy of a survey and the legal description for a proposed boundary line adjustment. The narrow strip extending to the north on Lot‘2, Block Two, Palms of Lida First Addition would be attached to the existing parcel immediately to the east as noted on the survey. The remnant area of Lot 2 will be in excess of 56,000 square feet, which is well above the 20,000 square feet required for Lake Lida, no adjustment to the shoreline is proposed. Would you please review the drawing and reply back to myself and Debbie with the closing company with your department’s opinion regarding this proposal? Thank you for your time Wayne and have a great weekend! 1 Scott Walz 1118 Highway 59 South Detroit LakesjMN 56501 (218)847-4289 . (218)846-1945 fax Visit US at: www.meadowlandsurveving.com ]'t Information from ESET .NOD32 Antivirus, version of virus signature database 6149 (20110524) The message was checked by ESET NOD32 Antivirus. ■ http://www.eset.com t', ■). ! I );• N. ! ; ! 2‘ I. 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 www.c6.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Future Generations LLC 1801 45‘^St. SW Fargo, ND 58103 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, September 1, 2011 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 acconiniodations 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 Palms of Lida First Addition, Property Address - nearest is 43680 Bass Harbor Road Section,16, Township 136, Range 42 > Township Name - Lida Lake No. 56-747, Lake Name- Lida, Class - GD The variance requested is - the following: Variance from the subdivision controls ordinance, to allow Chiovaro’s to purchase, without platting, that portion of Lot 2 Block 2 depicted on the certificate of survey. The Chiovaro’s own adjacent and contiguous property to the east which is currently being used as the driveway and yard. Future Generations LLC proposed to complete the transfer to Chiovaro’s without platting, and as a substandard lot would be permanently joined with a part'of Chiovaro’s property. Existing south driveway easement will be vacated. ‘Wc^ne Stein Board of Adjustment Secretary Date: August 11, 2011