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Home My WebLink About38000990724000_Variances_08-13-20151162957 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 08/19/2015 2:24 PMRECEIVED JUL - •'cri05LDCOCO FEE! 46.00 PAGES 2 WELL CERTIFICATE REC'D: N oCD LAND & RESOURCEX ;0O 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 ^Sbb-ooApplication Fee Receipt NumberO?t)/S‘(^^COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date Afo ifzoflS* ___C34itA>N.-/\Ai3)PROPERTY OWNER DAYTIME PHONE (^____I—I fVvC-^/V^rvJ ^MAILING ADDRESS LAKE CLASS RANGE A I TOWNSHIP NAME (Y\^\ a/-C- Pic\'.ar« I5feo476»^LAKE NUMBER LAKE NAME |?>ASECTION (O TOWNSHIP PARCEL NUMBER E-911ADDRESS - LoCa-^tJ ^rVl ____htinyODod br/v<L, U/iderwood, LEGAL DESCRIPTION 6o4 t 5'^ borJuJoC)I 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. OlS0i\J <d.-Gc(c.rr <i fo AcnJ'VvX/ 1C, ^ >c’20 012 - 4-0 V r rt>-43 4oeC-5, ir'V'L L>9He. CjrA irv><\AJ<j?3 -Ccyr- y 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. (7IGNATURE 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)SCANNED345,194 • Victor Lundeen Co . Printers • Fergus Falls, Minnesota -70^Date Of Hearing Time Motion James Olson - Variance application approved as requested. (7:04 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to declare Reserve Lot E Denwood Acres First Addition a buildable lot for non-residential use. The variance as approved is consistent with past Board of Adjustment decisions and will allow the applicant the ability to enjoy the same rights and privileges as others in this immediate area. It was noted that the applicant does not have another location for a garage and the variance as approved will provide the applicant with a reasonable use of his property. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Chairman/Otter Tail County Board of Adjustment 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 John and Cheryl Jahoda - Variance application approved as requested. (6:52 p.m.) - Continued We will also be using a variance from 1994 to add a 2"^ story to the existing extension to the dwelling. We will move the existing tank to meet the setbacks for the proposed additions. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion , second by Steve Schierer and unanimously carried, to approve a variance of 47’ and a variance of 37’ from the required ordinary high water level setback of 100’ for the construction of a 10’ by 16’ addition with a second story 53’ from the ordinary high water level of Clitherall Lake and for the construction of 2’ by 12’ entry extension to the existing dwelling 63’ from the ordinary high water level of Clitherall Lake as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is a substandard lot of record and the reclassification of the creek. The applicants’ proposed development is away from the lake and will not negatively impact the neighboring properties. It was noted that this is an existing dwelling that is being expanded and that the neighboring resort does has structures that are placed closer to the ordinary high water level than what is being proposed. The variances as approved do not directly or indirectly grant any other variances for proposed or future development. Karen M. Johnson and Susan A. Dale - Approved request No. 2 and denied request No. 1. (6:55 pm.) Karen M. Johnson & Susan A. Dale, North Half of Lot 13, Lot 14 and Lot 15 Block 1 of Hutmacher’s Addition to Klein & Adam’s Point, Dead Lake in Marion Township, requested the following: Proposing to have our lots declared buildable for single family residential use. Requesting variance for: 1. Setback onto road right-of-way and lot line setback for new garage building. Road right-of-way setback 10’ and lot line setback 5’. 2. Setback onto road right-of-way for addition onto South portion of existing structure. Road right-of-way setback 6’. These changes will support efforts to convert existing space to handicapped accessible area for sibling who is confined to an electric wheelchair. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Robert Schwartz and unanimously carried, to approve the variance as requested from the required road right-of-way setback of 20’ for the proposed addition to the south portion of the existing structure 6’ from the road right- of-way as depicted on the drawing submitted with the variance application and to deny the variance as requested for the new garage as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and the applicants do have adequate area to place the proposed new garage in a location that meets the setback requirements of the ordinance. The approval that was granted was based on the location of the existing structure and the location of roads on three side of the existing structure. The applicants’ property by this variance application is declared buildable within the guidance of the variance approved and within the guidance of the Shoreland Management ordinance. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. y' James Olson - Variance application approved as requested. (7:04 p.m.) James Olson, Reserve Lot E, Denwood Acres First Addition, Pickerel Lake in Maine Township, requested the following: James and Karen Olson would like to have Reserve Lot E Denwood Acres First Addition declared buildable for non-residential use. We would like to build a garage approximately 36’ by 30’. We will of course follow all shoreline management ordinances for offsets from property lines, roads and impervious surfaces. Garage location is not exact because of trees. mmAugust 13, 2015Page 3 ^James Olson - Variance application approved as requested. (7:04 p.m.) - Continued The audience was polled with no one speaking for or against the variance as requested. After consideration and discussioi^teve Schierer made a motion, second by Thomas Lee and unanimously carried, to declare Reserve Lot E Denwood Acres First Addition a buildable lot for non-residential use. The variance as approved is consistent with past Board of Adjustment decisions and will allow the applicant the ability to enjoy the same rights and privileges as others in this immediate area. It was noted that the applicant does not have another location for a garage and the variance as approved will provide the applicant with a reasonable use of his property. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. David Geiszler and Denise Lakeman - Tabled. (7:08 p.m.) David Geiszler and Denise Lakeman, Lot 8 Nebraska Beach, Wimer Lake in Hobart Township, requested the following: Build 204 square foot deck, six steps and landing 24 square foot. Requesting a 30’ variance from top of bluff for a 0’ setback. The audience was polled with no one speaking for or against the variance as requested. It was noted that a significant amount of material had been submitted by Vivian Anderson just prior to tonight’s meeting for consideration by the members of the Board of Adjustment. After consideration and discussion and with the applicant’s verbal consent, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to table this public hearing until the September 10, 2015 meeting for confirmation of the bluff by the Land and Resource Management Department and to provide board members with an opportunity to read the materials submitted by Vivian Anderson. Dustin Ebersviller- Variance application approved with modification. (7:20 p.m.) Dustin Ebersviller, Southwest Quarter of the Northwest Quarter, Section 10 of Candor Township by an unnamed lake, requested the following: Animal shelters to be within 200’ of the lake, to work with my pen designs. One permanent 180’ from lake and three portable shelters on skids 50 to 150’ from lake. Conditional Use Permit No. 6757 issued June 8*^, 2015 allows operation for onsite zoo. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested. This motion did not receive a second. After additional discussion and consideration, Paul Larson made a motion, second by Jodi Sazama and unanimously carried, to approve the placement of the proposed animal shelters (1 - permanent and 3 - portable) no closer than 180’ from the ordinary high water level. The variance as approved is based on prior Planning Commission approval of the applicant’s project. The applicant noted that his hardship/practical difficulty is the pens for his proposed zoo have been designed which makes it necessary for the placement of the shelters less than the required 200’ from the ordinary high water level. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Break of Approximately 5 Minutes - Swenson Trust - Variance application approved as requested. (7:37 p.m.) Swenson Trust, Lots 7, 8 and 9 of Sunrise Cove, Clitherall Lake in Clitherall Township, requested the following: Remove existing cabin and replace it with a larger cabin and add deck and ramp to provide A.D.A. handicap access. These changes are within the 100’ lake setback. The proposed dwelling and deck will be approximately 40’ from ordinary high water level. Asking for a 60’ variance. SCfl'i’.itD August 13,2015Page 4 James and Karen Olson Would like to have Reserve lot E Denwood Acres Addition declared buildable for non-residential use. We would like to build a garage approximately 36ft wide by 30 ft deep and of course will follow all shoreline management ordinances for offsets from property lines, roads, and impervious surfaces. Garage location on the drawing is approximate, we want to minimize the number of trees we have to take down so don’t know the exact location. RECE/Veo 20 205 SCAKHED 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 July, 2015 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: James & Karen Olson, 16615 Festal Ave, Farmington, MN 55024 8877 JoAnne Seeger, Twp Clerk of Maine, 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 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 Jodi L Sazama, 650 3^'* Ave SE, STE 4, Perham, MN 56573 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 27, 2015 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud JEROLD F & SUSAN DREIS PO BOX 276 LAKE ELMO, MN 55042 276 CAROL ET AL DOCKERY 1319 CHELSEA DR LOS ALTOS, CA 94024 5726 BALpFAMILYTST 4224 POPLAR BRIDGE RD BLOOMINGTON, MN 55437 1427 HERMAN TST 1410 17TH AVE N WAHPETON, ND 58075 3137 JANICE K HEDBERG 114 WA PELLA AVE 5 MT PROSPEa, IL 60056 3035 HENRY AHEDBERG 114 WA PELLA AVES MT PROSPECT, IL 60056 3035 GERALD j & PHYLLIS M KUSNIEREK 31792 DENWOOD DR UNDERWOOD, MN 56586 9222 JOAN E HOUSTON 1400 SUNSET BLVD MINOT, ND 58703 1626 MATTHEW & BRENDA HOBBS 31908 321ST ST UNDERWOOD, MN 56586 9270 LARRY Z & SALLY M OTT PO BOX 301 FERGUS FALLS, MN 56538 301 JAMES & KAREN OLSON 16615 FESTAL AVE FARMINGTON, MN 55024 8877 W GREGORY & LAURIE LUNDEEN 31780 DENWOOD DR UNDERWOOD, MN 56586 9222 RICHARD SHORMA TSTEE PO BOX 701 WAHPETON, ND 58074 701 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falis, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - wwrw.co.otter-tail.mn.usOTTCR Tllll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: James Olson 16615 Festal Ave Farmington, MN 55024 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, August 13, 2015 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 Reserve Lot E of Denwood Acres First Addition, Property Address - None - Across From 31840 Denwood Drive Section 10, Township 134, Range 41 - Township Name - Maine Lake No. 56-475, Lake Name - Pickerei, Class - RD The variance requested is - the following: James and Karen Olson would like to have Reserve Lot E Denwood Acres First Addition declared buildable for non-residential use. We would like to build a garage approximately 36’ by 30’. We will of course follow all shoreline management ordinances for offsets from property iines, roads and impervious surfaces. Garage location is not exact because of trees. "Wayne Stein Board of Adjustment Secretary July 24, 2015 »». f ■ SCALE DRAWING FORM Z^OOO<^^Ol 2-^000 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, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). e■r 2jO Scale s (j-c^ ( (\r ^z>I (I I ( V RECEIVED JUL 2 “ land & RESOURCE DateSignature of Property Owner 354.120 • Victor Lundeen Co Piniiefs ■ feiqus Palls. MN • 1-800346-4870BK — 032014 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. /S'Qi.—<^3. COLot Area (ft^):Date:Signature:'V Other Impervious SurfaceBuildings ProposedExistingProposedExisting Ft^Ft^Ft^Ft Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed Driveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaProposed TotalExisting Ft^ Ft^Ft^Ft^Total Buildings I FA^1300I(o^O 100,+H-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio Proposed TotalTotal Buildings + Other Impervious Surface Existing r-±2 Ft^ Ft^Ft^Ft 2_o,.ZIVSO^300 100+Xo ■ Impervious Surface Calculation Worksheet 03-25-2014