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HomeMy WebLinkAbout38000990502000_Variances_08-17-2008S:-/7-Zoo2 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #_ was filed/recorded in^is office _L£_day of 2008 at g? 7. /6cormng fe^ well certifioate KM3473 for record on the (lAO, Wendy\L. b ;2?'L(C 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 NATai '3S3 BSE ersr-^/M^ Yn/PAMKEJEKAJD. COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date /DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS LAKE NAMELAKE NUMBER 12^TOWNSHIP NAMERANGESECTIONTOWNSHIP E-911 ADDRESS. PARCEL NUMBER LEGAL DESCRIPTION ^oo/O TYPE OF VARIANCE REQUESTED (Please Check) Cluster Misc.SubdivisionSewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. fisC^D A 6/^ f/^6/ri7^£/60' /j/il/JL A d/L O A ,^-3/Asdpi hf)Dj7JdaJ (daTT/aJC -£££. ' H (^arA Th£ . Ld ^ AlSO B ST U A£aAaJ6£ I# fiffDt^i£SAAEh!PA6X. 33'L' fxfrA IXE LhJt, I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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 APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) TimeDate Of Hearing Motion Brad and Helen Nelson - Approved the application as modified with a condition. (7:15 p.m.) After consideration, Paul Larson made a motion, second by Robert Schwartz and unanimously carried, to approve construction of a 4-season addition no closer to the ordinary high water level than the front of the existing cabin with the condition that the proposed development must meet the required side lot line setback. It should be noted that no variances were granted for the proposed deck replacement projects as the applicants, under provisions of existing law, have the ability to replace the decks so long as the new decks are the exact size and shape of the existing decks and are place in the same location as the existing decks. airnwi76tter Tail County Boar^f Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No 7(/mCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR Officfal/DateL bk 0407-001 329.512 - Victor Lurrdeen Corrpany. Fergus Falls. Minnesota August 7,2008 Page # 2 Brad and Helen Nelson - Approved the application as modified with a condition. (7:15 p.m.) Brad and Helen Nelson, Lot 22 BIrchwood Shores, PIckeral Lake In Maine Township, requested the following: We need a variance of 5T from the 100’ ordinary high water level setback to build a 4-season addition replacing our rotting deck. The addition will be 49' from the lake. We also request a variance of 2’ from the 10’ setback to the lot line for this addition. It will be a little over 8’ from the lot line. We want /have to replace the 2 remaining decks that are old and rotting with 2 new decks in the same foot print and size. The 2 decks are approximately 33’ 6” from the lake. The audience was polled with no one speaking for or against the variance as requested. An email from Terry and Diane Reard in opposition to the variance as requested was read for the record. After consideration, Paul Larson made a motion, second by Robert Schwartz and unanimously carried, to approve construction of a 4-season addition no closer to the ordinary high water level than the front of the existing cabin with the condition that the proposed development must meet the required side lot line setback. It should be noted that no variances were granted for the proposed deck replacement projects as the applicants, under provisions of existing law, have the ability to replace the decks so long as the new decks are the exact size and shape of the existing decks and are place in the same location as the existing decks. Barbara Jean Zahasky - Denied. (7:25 p.m.) Barbara Jean Zahasky, Reserve Lots E and F, Pelican Heights Subdivision and part of Government Lot 5, Section 2 of Dunn Township by Little Pelican Lake, requested a variance of 25’ from the required ordinary high water level setback of 100’ for the construction of 28’ by 66’ replacement dwelling 75’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate practical difficulty/hardship had been shown that would allow for the grating of the variance as requested, the requested variance is for new construction and there is adequate room on the applicant’s property to place the proposed new structure in a location that does not require the granting of a variance. In addition, the Board of Adjustment noted that following: 1.) the applicant’s request is a substantial variation from the requirements (25% reduction in required setback) 2.) there is another feasible method which would alleviate the need for a variance because there is adequate room on the property to place the proposed development 100’ from the ordinary high water level if the applicant would consider turning the proposed development 90 degrees, 3.) the granting of the variance will not secure for the applicant a right or rights enjoyed by others as dwellings on other lots in this immediate area are farther from the ordinary high water level than what is being proposed by the applicant and 4.) the sewage treatment will need to be upgraded. Daniel Erickson - Approved the application as modified. (7:38 p.m.) Daniel Erickson, Lot 7 Block 1 Oakdale Second Addition, South Turtle Lake in Tordenskjold Township, requested a variance of 28’ from the required ordinary high water level setback of 100’ for the construction of an attached garage 72' from the ordinary high water level. Linda Erickson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to approve the placement of a 28’ by 30’ garage no closer to the ordinary high water level then in a straight line from the front (40’ side) of the proposed 28’ by 40’ dwelling, which must be placed in a location that meets the setback requirements of the ordinance. Practical difficulty/hardship is the terrain of the applicant’s property and water on two side of the property. Thomas and Rhonda Franklin and Ronald and Linda Franklin - Approved Option No. 2 with a condition. (7:56 p.m.) Thomas and Rhonda Franklin and Ronald and Linda Franklin, the Southwest Quarter of the Southwest Quarter, part of the Southeast Quarter of the Southwest Quarter and part of Government Lot 5, Section 22 of Hobart Township by Rose Lake, requested the following: Variance Request Option No. 1 - Requesting a boundary line adjustment of the east property line to run parallel with the west property line. The property will change shape but not size. This will allow the adjacent landowner to have level access to his property. Variance Request Option No. 2 - Request boundary line adjustment to reduce the 2.61 acre tract (Parcel #32000220158002) by approximately 23,160 square feet to make the east property line run parallel to the west property line. The triangular piece to be attached to adjacent parcel #32000220158001. The audience was polled with no one speaking for or against the variance as requested. After consideration, Steve Schierer made a motion, second by Robert Schwartz and unanimously carried, to approve Option No. 2 as described in the variance application dated July 15, 2008 and as depicted on the drawing submitted with the variance application with the condition that a registered surveying drawing must be submitted at the time of conveyance. August 7. 2008 Otter t ail County Board of Adjustment Government Sei'vices Center 510 Fir Ave W Fergus Falls, MN 56537 Attention: Board Members, RE: Brad & Helen Nelson’s Application for Variance, Lot 33 - Birchwood Shores 32509 Birchwood Shore Drive Hearing Date - fhursday, August 7, 2008 Due to prior commitments we are unable to attend today’s hearing but wanted to voice our opposition to this requested variance. We are neighbors and live in the first lake home to their south. We have no objections to a year-around addition, but strongly oppose any construction tliat would encroach further into either the lakeshore or sideline setback requirements. With the declining water quality of Pickerel Lake, new construction should not be allowed within the 100’ lakeshore setback, and especially, as in this case, within the Shore Impact Zone (SIZ). We are not aware of any hardship since there is ample room on the lot for an addition that would adhere to all of The Shoreland Management Ordinance. During our recent new home construction, we adjusted our plans to abide by all regulations. We request that you deny this variance. Thank you. Sincerely, Terry & Diane Reard 0 32543 Birchwood Shore Drive Underwood, MN 56586 fWayne Stein -^oard of Adjustment Meeting 08/07/08 Pggg,li <tereard@prtel.com> <wstein@co.ottertail.mn.us> 8/1/08 3:45PM Board of Adjustment Meeting 08/07/08 From: To: Date: Subject: Will mail original signed copy for your file.i: August 7, 2008I Otter Tail County Board of Adjustment Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 ;L Attention: Board Members, RE: Brad & Helen Nelson's Application for Variance, Lot 33 - Birchwood Shores 32509 Birchwood Shore Drive Hearing Date - Thursday, August 7, 2008 Due to prior commitments we are unable to attend today's hearing but wanted to voice our opposition to this requested variance. We are neighbors and live in the first lake home to their south. We have no objections to a yearraround addition, but strongly oppose any construction that would encroach further into either the lakeshore or sideline setback requirements. Wth the declining water quality of Pickerel Lake, new construction should not be allowed within the 100' lakeshore setback, and especially, as in this case, within the Shore Impact Zone (SIZj. We are not aware of any hardship since there is ample room on the lot for an addition that would adhere to all of The Shoreland Management ■ i V. Pagg2]f Wayne Stein - Board of Adjustment Meeting 08/07/08 . : Ordinance During our recent new home construction, we adjusted our plans to abide by all regulations. We request that you deny this variance. Thank you. Sincerely, Terry & Diane Reard 32543 Birchwood Shore Drive Underwood, MN 56586 I 1 I : ■A i •r 1 I ; ' 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 21st, day of July, 2008 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Bradley & Helen Nelson Tsts, 3234 Desert Star LN, Grand Forks, ND 58201 5853 Maine Twp Clerk , Joanne Seeger, 32829 County Highway 35, Dent, MN 56528 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 Fails, MN 56537 ; Terry Lejcher, DNR 1509 1®‘Ave N. Fergus Falls, MN 56537 I DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 ' Town Clerk 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 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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: July 21st, 2008 Wayne Stein, Secretary Otter Tail County Board of Adjiistment By: Or\rs-j-' Vi Manderud Notice of Hearing for Variance i Otter Taii County Government Services Center 510FirAveW Fergus Fails, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us .f- Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; ' Brad and Helen Nelson 3234 Desert Star Lane Grand Forks, ND 58201 has made application to the Otter Tail County Board of Adjustment for a variance as per requireinents 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, August 7, 2008 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 33 Birchwood Shores, Property Address - 32509 Birchwood Shore Drive Section 14, Township 134, Range 41 - Township Name - Maine Lake No. 56-475, Lake Name - Pickeral, Class- RD The variance requested is - the following: We need a variance of 51’ from the 100’ ordinary high water level setback to build a 4-season addition replacing our rotting deck. The addition will be 49’ from the lake. We also request a variance of 2’ from the 10’ setback to the lot line for this addition. It will be a little over 8’ from the lot line. We .want /have to replace the 2 remaining decks that are old and rotting with 2 new decks in the same.foot print and size. The 2 decks are approximately 33’6” from the lake. 'Wayne Stein Board of Adjustment Secretary Date: July 18, 2008 .....I I --r- '^liOCQ 770.^^^000Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (square feet), and location of ail existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water ievei(s), septic tank(s), drainfield(s), biuff(s) & wetiand(s). Must also include all proposed topographical alterations. Impervious Surface Ratio ' (Must Complete Worksheet On Other Side) la^3' /"=so'%Scale / m» 7 s MM \ t 8 M-/'51I i*i'Xi<■Pi t /ii m.B mI 1 St. :..../V I------------- m hj 5"/! —/nt ■; -itr §4r/0'-5> ?T= bA / ■ r 7^i a isi :7-Z)) . ■:! *17:n.^-1—h—I—I—'y ^ 1 ... I ... %.n.t —~—P 1 I IOF m.\t ■|I f ti+_|1.FR-..L J J1----^ Ii-riT I[1IiT81*w—...-rf t f)1i-__1... 5'^1II.J i; i [ [M I 1-J.V'l i i NS} N...i-1 I... —. il!I, B M ' -U.; K ,1.!% !I 1 ;--t I!■h-T 1.1f>, ,i m,iTI m / £m21 lindeen.Ca. Printers .•-Fergus Falls. MN- 4Signature of Property Owner _1-800-34sWoBK.^0207-.329 086...»..Victo IMPERVIOUS SURFACE CALCULATION WORkSHEET: !List of Onsite (Existing and Proposecf) Impervious Surfaces (must be shown on scale drawing): Structure(s): ^ V ' roF ^crra^::i:)y Deck(s): Driveway(s): Patib(s):!■ Sidewalk(s):i^Z<?^^ S ______Ft^ t )Ft2Stairway(s): Ft2Retaining Wail(s): bandscapmg: (Plaotio-BnFricr) J Ft2 ■ f,2 f>(7/riy. S <77' sAs7imiOther: I ^ R2 TOTAL IMPERVIOlilS SURFACE: Ft2LOT AREA:I 33;^ ? . /G72E ,Z>0SK/ TOTAL IMPERVIOUS SURFACE ^0^ ^ %X100 = IMPERVIOUS SURFACE RATIOLOT AREA i nII Az)/) ra' { ! i: I E I !!E I I'\. ; I home 10l-113-3&>44 Brad cell 2I8-Tf8-S401 0■ l5'-0"00 \\ \VoX\£!\.j:/\\\ ■ \ /❖ +0\—3'0'-4'-0» X 4'^<p" ~~\\9[S]V* 9 X (Q 95<t 9 CN 9X 5ii 9 1/2" ufirI o•pac/riMU^* HM >iet p O t 0 1 9 9'vS Cvt ViCN* -rfDraiun By Steve (Sease Stenerson Lumber Fergus Falls, Mn, 1-218-139-4481 -3^0" K-£,'-a‘‘ lO'-OQ" l&'-O" 9'<P 43‘-0"i •m '1 RRSSBSRS9!l@iBi!!6iVue{e-i> ii<iii»^iiri%*^ 5J5; „.3«--^ f% . *i .’"kr-t if ‘ ‘m ti. sEpiili"9 ■* i;: r ism 5?^^^ j| P»“V*^' »sj>- «f‘'•*I % '% •!. •«■»■;.. i U \ 'V If ^j a « «■ »• «' »' f ;‘ *-##.*«**i j: .. #. " ;i., •. .-~.is” ■ ’■'" «. if.S.'-iJk W • tf J^llt ^ii ' ■ -, »; ‘ <r ■; ; ’I ■’ ? *.. ■ ' '■ >jtll ... H '. '•;, V L^'i' '^•:t>/;V- «■ I«?K-: .•^ K , •■ ■'", '■ % /■ • i' ' ■: .. ‘ f ",, ■ v/»".•i- '. ',■!»' ' ,'> .i;!^ Jii. V' Pre-Application Site Inspection Request Lake / River Nc. Lake / River Name Lake/River Class Section Twp Name /2-0 A//vH/xy A Parcel(s) No.Properly (E-911) Address 3Soqo 9'POs o 2-0 a P7L }>i. a ^ Property Owner Information: Name(s): Address: Daytime Phone: Type of Request: Bluff:___Determination ^ Determination ___Determination Stake Setback Verify Setback OHWL:Stake Setback Verify Setback Stringtest: Non-Conforming Repair or Replacement Structure:Confirm Consistency With Existing Structure Miscellaneous:______ Describe Request:|~fo6j FA/^0/^ ? A scale drawing must accompany Pre-Application Site Inspection Peauest ^ & request must be staked onsite ^7£~)1 1 AProperty Owner Received By: Land & Resource Managemer^^^§f{^Date Vr INSPECTION COMPLETED (Inspection must be done within 10 days of receipt): Date Onsite Date Property Owner Notified Inspector (Inspector must provide site drawing or field notes on other side.) mbowman Application & Forms Pre-Application Site Insp Request Form10/1/07 0^y 'Skr ■/ hy \ I 5^i i i—jf 1 ft tn / --©I m s XJo^aJ^ ^7^ ^ JoU^yiA.ey'^-^/