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Home My WebLink About38000990736000_Variances_09-14-20171196351 ^ Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 09/19/2017 10:49 AMRECBI/ED AUG 11 2017 WND«ReSOflRCE ICO FEE: 46.00 PAGES 2 WELL CERTIFICATE REC’D: N5 X oo 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 7^ X &i2\in COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE lO! T 5^-4-lS PROPERTY OWNER MAILING ADDRESS ? mLAKE NUMBER LAKE NAME LAKE CLASS H13±/Yin! ylfSECTIONTOWNSHIPRANGETOWNSHIP NAME L^dress S31/9 Ptciffaj(jf^Ajj f)QPARCEL NUMBER 38'Ocry^^-cn zG-nD I2tf yiviUC, r\/lN sA i-^RlLS- 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. P^ce UJOA3 OiilyJ ^<90 WoYYx OUe^ Proprl^ liAe. ^cocs propose /ocall6v^ erf cooAS h be si/f. rt^u]reJ (3' QS' cl 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. X' n SIG T^ER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Co Fiintprs • Fprgus Falls Minnesota f V TimeDate Of Hearing Motion Tyler Bjerke - Variance application approved as modified. (8:05 p.m.) After discussion and consideration, Loren Bailey made a motion, seconded by Thomas Lee and carried with Chris McConn voting no, to approve a variance of 25’ from the required side lot line setback of 65 for the placement of a water oriented accessory structure 40’ from the west side lot line and at least 20’ from the ordinary high-water level. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management y Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 2017 September 14, Richard William Gill - Variance application approved as requested. (7:55 p.m.) Richard William Gill, part of Government Lot 2, Section 6 of Lerham Township by Devils Lake, requested the following: The current ordinance is 5-acre minimum lot size. I am requesting a variance to have my 5-acre parcel split into two 2.5-acre parcels as it was surveyed and plotted in 1988 before the rules on lot size changed. To have the proposed lots declared buildable for single family residential use. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Thomas Lee and canied with Dan'en New\dlle abstaining and with Loren Bailey voting no, to approve the proposed subdivision as stated in the variance application date August 19, 2017 and as depicted on the drawing submitted with the variance application. Both proposed lots exceed the required size for platted lots on a general development lake. Those voting in favor of the motion noted that the approval is consistent with past actions of the Board of Adjustment. The individual voting against the motion noted that this property would be platted. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Tyler Bjerke - Variance application approved as modified. (8:05 p.m.) Tyler Bjerke, Lot 4 Block 1 and Lot 4 Block 2 Parkside View of Pickeral Lake in Maine Township, requested the, following: Place water oriented accessory structure 20’ from the ordinary high-water level and 20’ from west property line. Soil testing on site shows proposed location of water oriented accessory structure to be best site. Requesting a variance for a 20’ setback from west property line, required setback is 65’. Matt Hoen, Contractor appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Jim and Carol Peterson in support of the variance as requested was read for the record. After discussion and consideration, Loren Bailey made a motion, seconded by Thomas Lee and carried with Chris McConn voting no, to approve a variance of25’ fi'om the required side lot line setback of 65 for the placement of a water oriented accessory structure 40’ from the west side lot line and at least 20’ from the ordinary high-water level. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Summer Harty - Denied. (8:15 p.m.) Summer Harty, part of Government Lot 3, Section 18 of Everts Township by Silver Lake, requested the following: We are requesting a variance of the 100’ lakeside setback requirement. Our property has many topographical features that only allow for one optimal building site. Putting the house at the required 100’ setback pushes it off a small bump hill into a grove of trees to the south. Using this setback will impede the natural land drainage, require more trees to be cut and possibly places the foundation too close to tlie water table. We are requesting that part of the house (approximately 17’) closest to the lake be set at 76’ back from the ordinary highway water level. The main part of the house 89’ back from the ordinary high-water level and the garage would be 97’ back from the ordinary high-water level. Our end goal is to have a beautiful lake home to move into while preserving as much of the natural beauty of the land and lake as possible. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Dairen Newville made a motion, seconded by Chris McConn and carried with Thomas Lee and Paul Larson voting no, 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. It was noted that a reasonable use of the property can be obtained without the granting of the variance as requested and it was noted that this is a large lot that should provide a buildable,site that does not require the granting of variances. Those voting against the variance as requested noted that this type of request has been granted in the past and were concerned with excavation in the hill area. Catrina Peterson - Tabled Catrina Peterson, Lot 3 Pischke -Taylor First Addition, Spitzer Lake in Leaf Mountain Township, requested the following: Replace existing dwelling. Requesting a variance to construct a dwelling and a non-dwelling no closer than 100’ from the ordinaiy high-water level. Reason for request unable to meet 200’ setback due to lot size and lake on both sides. All other requirements would be met. July 13, 2017 meeting - The audience was polled with no one speaking for or against the variance as requested. Two letters from Dwight Eric Robertson in opposition to the granting of the variance as requested and noting that he was the legal owner of the property where placed in the file. Catrina Peterson presented a letter from Ryan D. Fullerton, Attorney with Pemberton Law which disputed Mr. Robertson’s ownership claim. After discussion and consideration, Thomas Lee made a motion, with the applicant’s (Catrina Peterson) verbal permission, to table the public hearing on this application until the ownership issue has been resolved. This motion was seconded by Daixen Newville and unanimously carried. August 10, 2017 meeting - A letter was received on Fi iday, July 28, 2017 requesting that the public hearing be tabled until the September 14, 2017 meeting of the Board of Adjustment. September 14, 2017 meeting - A postcard from Dwight Robertson in opposition to the requested variance was noted for the record. Prior to the meeting Catrina Peterson called the office and requested the continuance of the public hearing until the October 2017 meeting of the Board of Adjustment. Page I 4 September 14, 2017 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tall) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 28th, day of August, 2017 the attached Notice of Hearing for Variance was duly served Upon the individuals listed below and/or included|in the attachment: Tyler Bjerke, 33719 Pickeral View DR, Richville, MN 56576 Matt Hoen, 29270 Norway Lake Tri, Underwood, MN 56586 Joanne Seeger, Twp Clerk of Maine, 32829 County Highway 35, Dent, MN 56528 Otter Tail County Cola, % John Mattesoh, 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 Ecp & 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 Darren M Newville, 614 6*'' St NE, Perham, MN 56573 | Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Loren Bailey, 1963 Oakwood VW, 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 Fails, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: August 28th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment \)i. iHfloyL-oOp A By: Vi Manderud DANIEL E & CHERYL L BARR\^ 34201 COUNTY HIGHWAY 32 BATTLE LAKE, MN 56515 9316 AGRINOMICS LLC PO BOX 75 MILNOR, ND 58060 75 LEIGH M & 5HANA M BARRY 35695 COUNTY HIGHWAY 32 RICHVILLE, MN 56576 9504 DANIEL LTD PRTNSHP MILLER 18130 93 1/2 ST SE FAIRMOUNT, ND 58030 9601 TYLER J & REBECCA A BJERKE 4229 66TH STS FARGO, ND 58104 6085 BEVERLY J ROGNESSTST 912 RIDGEVIEWCT FERGUS FALLS, MN 56537 8402 TODD 8i TRINA DELZER 16355 COUNTY HIGHWAY 35 DALTON, MN 56324 4661 GARY & JODY FRISKOP 17255 HIGHWAY 13 WAHPETON, ND 58075 9318 ROGER A & LINDA HAGEN 47050 lOTH AVE SW FARGO, ND 58103 BRENT & BRYANT HAUGRUD 3331 130THST ROTHSAY,MN 56579 9457 KAVLIE TST 33815 PICKEREL VIEW DR RICHVILLE, MN 56576 9521 LEHNETST 33775 PICKERAL VIEW DR RICHVILLE, MN 56576 9521 ROGNESS BROTHERS LLP 1757ASPENLN FERGUS FALLS, MN 56537 2420 JAMES C & LINDA S SCHLIEMAN 150 HIGHWAY 59 SW | HOLLOWAY, MN 56249 1148 Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Fails, WIN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertaiLmn.us Web Address - www.co.otter-tail.mn.usOTTER TAILoaaa«r>aiatiieT« Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Tyier Bjerke 33719 Pickeral View Drive Richville, MN 56576 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 Matt Hoen 29270 Norway Lake TrI Underwood, MN 56586 Thursday, September 14, 2017 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 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 4 Block 1 and Lot 4 Block 2 Parkside View of Pickeral Lake, Property Address - 33719 Pickeral View Drive - 56576 Section 12, Township 134, Range 41 - Township Name - Amor Lake No. 56-475, Lake Name - Pickeral, Class - RD The variance requested is the following; Place water oriented accessory structure 20’ from the ordinary high water level and 20’ from west property line. Soil testing on site shows proposed location of water oriented accessory structure to be best site. Requesting a variance for a 20’ setback from west property line, required setback is 65’ 'Wayne Stein Board of Adjustment Secretary August 25, 2017 ?>• 1 • NEW SAND AREA 400 5q/fT.LOT 54951 sq/ft. yaBE4029eolfr. GARAGE 1634 5Q/fT. PERlv€ADLE PAVER DRIVEWAY 2366 /2 = 1455sq/fT. W0A5 260sq/ft. PATIOS 1213sq/ft. STRUCTURES 5715sq/ft. = 16.55% TOTAL IMPERVIOUS 3624sq/ft. = 24.63% S32 YARDS SACKFILL FOR FOUNDATION (16” FFE A60VE EXISTMO ORADE) 200 YARDS TOPSOIL =3” OVER ENTIRE LOT OHW 1330.5 FFE 1334.0 REPAIR RIP RAP TO 3:1 SLOPE RECBUED AUG 11 2017 <and&reso«rce f EXISTING SAND AREA TO BE REaAIMED TO TURF-^-t i/ i -f i ■ A-J-ill._kl_woAs 260 eol¥T. 20* from property lwe 2(P’FROM OHW JI Legendr-'i -iU Size Qty_____CommonNak€ Flower, (^A55 Festuce, ’Elijah Blle’ Flower, Perennial ; Echnacea, PimE Cdneflowek Each 35 f I Goat0B£ard Each 6 '4' •fei i Grass, Red Palm Each 7 C ♦ I i Grass, Sweet Each 52 J; v | i Sweet Jce I5rE Vte Each 12 *S tij i Sn?LB, Dfeoxious i Hydrangea, Afnabelle _ilA._lli_ — LNSik4--■ L'. Y-Each 32 *•7.,iL .i.w..i..liL -iL T ,-ii._iii_aii_-1 w.-■4.A-. V'aii-.a't.,\l.(.•li--lli- /I'T'i-.1'iLe■I"-- .ly.BULDING SET BACK .'.V-IPLANTMG AREAS VaiL. 5 Gal 6 YI 'Y i't' I .X. .1 L_ .Itj-..I 4 Al 51.rPfc>iMALOCKGbOfcDGfc RESIRAff«rM>CA»TirtE=lAIE - r1 i*I ! PERMEABLE PAVERSPLANTING AREAS AKxl-'M’SSSCLr TAPPING SCafAl, 1?'« - ift'SP|KF,‘J'oc;rvp, 4-\I-w.:(. '• t-W" 3/?’ SRACT'JREO AfiGRPnAIE t\I3'\#«4-cl if..I V ^/-kii.I I \ f)!CREATE SWALE OR BERM R ■4 K"T:— TOPSOILiIf|\ \IT,J i CREATE SWALE OR BERM V I -=4- UA'-iiB’FRACTURED ACCHECATE -T'1 i i- DIW HARD, CRUSHEDANGiAARSIOHE C«^JSHED I ;I SEPTICIm,■i I ,0-I 'JA 'Mb .i'.ii_;'66 sq/ft.;J: 12” DEEP HOLDING AREA 3:1 SLOPE ANGHAR STONEL-4 ;C. 660 5o(fT\ ^4 0znd“fwovi:n GEOTEkTILE FABRIC : I ---- ----^|T|LElifflFIWlPAVEl£Dd^^K.4^. .4dWealfx.-•V. '.irr——-rSiij-_iii_ \L-t NOW-CLWAC^ SUB BASE12” DEEP HaOING AREA 3:1 SLOPEli'LiC-L^Jtr -^4-4- I 12” CULV^T.w. ,-Ul_a'i-_il.L A'l- POND STORAGE VaUME 632 CUBIC FEET x2 = 1264 CUBIC FEET DRIVEWAY STORAGE VaU^€ 3344 CUBIC FEET TOTAL STORAGE VaUME 4606 CUBIC FEET '.. ..iOii-91 I ■Jl. J.U-I a**- -------J_____ !EXISTING CULVERTI I PARca #53000990736000 PROJECT ADPRE55 35719 PiCKERAL VlBy Dr./ I I . i/ .______________ I Scare:Landscape Design by: Matt Hoe Outdoor Renovations Revision #:Landscape Plan: Bjerke Resided ceDate: 8/21/2017 r' = 30' f€W. SAND AREA 400 SQ/fT.r ■ —i repaiR rif Rap to 5:1 slcfe ' EXISTING SAhC AREA TO BE REGLAlh«D TO Tl^-^>; I I i , /“■woas2^^ftT2(7 from.property line""2(7’FROMt?HV^ "" """ «-i't rI -/1^. I ^ riaii. J’l. .0.BUILflNJG.-SET BACK .... -y. .t. PLANTING AREAS jl. CREATE SWALE OR BERM < 12” DEEP HOLDING AREA 51 SLOPE,^ Li. EXISTING CULV'ERT f I I I !»v I Scale: ~Landscape Plan;Revision #:I ResidedBjerkece30^Date: 8/21/2017 1" SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s) Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft^Ft^ Maximum Allowable 260 Ft^ o Impervious Surface Calculation SIZ 04-11-2016 ahilnSignature!Date: T t u (Sci \! ; IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing.AUG^t 2017 Lot Area (ft^): land&resobrceBuildingsOther Impervious Surface Existing Proposed Existing 1-1,2 Proposed Ft^fP Ft^Ft Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous o?(^5/TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^ Ft^Total Buildings 5113 . 3Hs/ = ,no3 n.cH%100+x Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^ Ft^ = -^4^ lxliooJ=l si-csy^+- = Impervious Surface Calculation Worksheet 04-11-2016 Signatu Land & Resource ManagementTO; Jim PetersonFROM: 08/16/2017DATE: Variance ApplicationSUBJECT: I have visited with my neighbor Tyler & Becky Bjerke whose address is 33719 Pickerel View Drive and have reached the conclusion that they have my blessing in the construction of their WOAS structure 20 ft off of the property line. I understand that this structure will be constructed at 10 feet deep and 26 ft long and no taller than 10 feet. If these parameters are met I have no issue with this variance. C-S ^ ' Jim & Carol Peterson l~7 recbved «UG 11 2017 LANDSRESOBRCt