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Home My WebLink About10000110075000_Variances_08-13-2015Variances Barcode 128 B-I3*“Zo^S 1162970 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 08/19/2015 2:36PM ;co o------lT)'^ FEE: 46.00 PAGES 3 WELL CERTIFICATE REC'D: N CO X c=,>- 'CO 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 Receipt Number o?6l Accepted By / Date “fj /TI t COMPLETE THIS APPLICATION IN BLACK INK ^ 0-»eRYLPROPERTY OWNER DAYTIME PHONE 17/Woi-FRAf^ ST A/V^ ,^)J ^^3-0'^MAILING ADDRESS c LITH6^ ALL.RPLAKE NUMBER LAKE NAME ______LAKE CLASS c UTHtl^ALL-/3Z11SECTIONTOWNSHIP TOWNSHIP NAMERANGE PARCEL NUMBER E-911 ADDRESS 20 3 3I(o-ooc -II-OO 15~ oco LEGAL DESCRIPTION DiTCH oP i~OT ^ E)C N Ibp'3 A,c G of(I (3Z !.3Q S-fV -fcv- •ftA.ll ltC|L) I ■ r TYPE OF VARIANCE REQUESTED (Please Check) ^ structure SizeStructure Setback 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. Tc cc.n^StRUCT A /<7^XI6' yAp^ COITION M-JiTht A 'ZkiA ST0K\FKey^ CL itH€RALL. LAke. THE ^erB^hCK i% /OO', -f^e-GLOeiTlAi C A ^~7' YA/^/Aa/cE". A/Cd/vv CLtTHCtALC AL.SO PEto eo^\NQ. TO CO .M strict aLAKE", TH^ G><(5T(L»C P\wCLL/A/G 2?" VAftlAK/ce , SeTfeAcK 2'y. I'2.' E^N r^Y «£ y re'A/5, lo A/ to ^3‘cuiTHEKLALL lak£~. i^e-ao'e^s-ri^G \C)0' - VO c VL/tL(_ AL.SO &e US/AJG A- VAK’iaa/cE' FCioM i 7 <Y EKreA/^/ONJ ro rwe pvoen-iAJG. TO /Vieer the THE PtROfoGEp PO At>p A 2r<^ T"o TA>e- e-xsnA'G VL/C Vo I L L./»io\/t£ t-yf €X(6.T)A/o rAiVK A t?p ( TiOA?^ , 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. SIGNATURE OF PROPERYY OWNER / AG'^l<pFOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING 7'17-Zoig- DATE (Applicant Will Receive Notification As To The Date/Time Of Hearing) <.tf. tci4 • Victor Lunaeen Co Printers ■ Fergus Falls Minnesota Date Of Hearing Time Motion John and Cheryl Jahoda - Variance application approved as requested. (6:52 p.m.) - Continued 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 fi’om 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. Chairman^Ofter Tail County Board of Adjustment '.r... ; Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 The Board of Adjustment considered the following applications for variance: Raymond Meier - Variance application approved with conditions. (6:40 p.m.) Raymond Meier, Lots 1, 2, 3,4, 5, 6, 13, 14, 15, 16, 17, 18, part of Reserve Lot 1 and Reserve Lot 2, Smith and Dorrance Addition to Pleasure Beach and part of Government Lots 6 and 7, Section 31 of Corliss Township by Little Pine Lake, requested the following: Currently there are 10 existing tax parcels. We are proposing 3 buildable single family residential lots and also 1 lot to be permanently attached to Parcel 12000310222000, by metes and bounds. We have met with the township; they will provide a letter of support to allow a 33’ wide private road by easement as shown on map. All proposed lots exceed current subdivision ordinance requirements. The proposed configuration will bring existing nonconforming lots into compliance with ordinance. Center street and alleys are not vacated through tracts to date, but are proposed to be vacated subsequent to variance approval. Building setback variance for buildings to remain that are not in compliance with the setback requirements until a private road is constructed. 1 building is 0 feet from proposed sideline of proposed private building. 1 building about 10’ from sideline easement. Jack Rosenthal, Surveyor and Nic Vogal, potential buyer, and Loren Seifert, Realtor 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 Corliss Township indicating that they would not require the proposed roadway to be 66’ in width and stating that the roadway may be 33’ wide was read for the record. The township also noted that they will not take over the roadway and that it will remain a private roadway. After consideration and discussion, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve the proposed lot consolidation as described in the variance application and as depicted on the revised drawing submitted at the public hearing, which is dated August 6, 2015 with the condition that a register survey must be provided and with the condition that the existing buildings must be placed in locations meeting the lot line setback requirement when the private road is constructed. Hardship/practical difficulty is meeting the road requirements for platting. The variance as approve will result in three reasonably sized and useable lots for development. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Leigh M. and Shana M. Barry - Variance application approved as requested. (6:50 p.m.) Leigh M. and Shana M. Barry, Southeast Quarter of the Northeast Quarter, part of the Northeast Quarter of the Southeast Quarter, and part of Government Lot 5, Section 4 of Maine Township by Buck Lake, requested to replace wetland impacts outside minor watershed. No credits available in minor watershed. Wetland impact approved by wetland agencies. 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 in the variance application dated July 6, 2015. The variance as approved is consistent with past decisions of the Board of Adjustment. The applicants’ proposal has also been approved by the appropriate wetland agencies. It was also noted that there are no wetland credits available in this minor watershed. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. John and Cheryl Jahoda - Variance application approved as requested. (6:52 p.m.) John and Cheryl Jahoda, part of Government Lot 4, Section 11 of Clitherall Township by Clitherall Lake, requested the following: Proposing to construct a 10’ by 16’ addition with a 2"'* story being 53’ from Clitherall Lake. The required setback is 100’. Requesting a 47’ variance from Clitherall Lake. Also proposing to construct a 2’ by 12’ entry extension to the existing dwelling being 63’ from Clitherall Lake. Requesting a 37’ variance. Required setback is 100’. August 13, 2015Page 2 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. 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. August 13, 2015Page 3 SCALE DRAWING FORM1 f O - OOP -1\ -007^ - OOP 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, draintields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). £Aci^ (;nib - z'-o" Scale !■ ek/ sr/v,;■I I! 00 JNJ0.\ 6^ n?tF kAc.-I r \A^ ^ :j P r -< 2- fTf > > itT U' ^ I or- rtr * tH X I II mIm<I rn7^I • eyjsT/A/^ —' r A w t:TANK: r ^cAT/oA/r ....-I—L,—AoT L/Ayf O I (?6-A Q ^ /?c: So T \L\ 7^> > > < ^ xj iKrrt N>> ? m > 79 4O >A O A7'm-c(T■z: O'> O ^ mmX~t) d -f V/' o -to-» SCI^"37^ X-/7'20/^ Signature of Property Owner Date BK —032014 354,120 • VictoJ Lurx3een Co. Printers • Fergus Fells. WN • 1-SOO-346-4670 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 5~6,Lot Area (ft^):Signature:Date: Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^ Ft^ Ft^ Ft^ 6^0 (oZZ.Dwelling I GO Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) 172-Storage Shed Landing(s) WOAS Driveway(s)'^»-^3 3 '2-0 RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous 160 /DO 2^ 32.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 /, 3 ACR.E f. 7^70. oi 75/(bO 100+-i-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^ /.77 Po,0/77/ CPOT-/ooz 100+X Impervious Surface Calculation Worksheet 03-25-2014 PROPOSED CANTILEVER ENTRY EXTENTION (2' X 120 o-> 1rir I/LI TT PROPOSED 2 STORY ADDITION aO' X 160 1\ i 20' LOWER LEVEL 24'16' JAHODA CABIN 7-13-2015 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA \ Receipt No. LijOll Application Fee $ LAKe~ Z\ ^-5?64-88<:)7 2-1 g-2 3 3-77 g 9/TIARV XEAWTAMO PAOwner: MiddleLast Name First 5'^^"GO/V\N417 /Y^^PLE AA/ve Zip No. RD Lake Class ^ ^ StafeSfreef & No. Lake No. QriZ'liciPU Sec. City c I- ITH (^AALL C.IZ^AfLt> CKIESKLake Name //curH-eRAt-L.40/3e Twp. NameTwp.Range S » GM Fire No. or Lake ID # /Pl I SS I AT ^____ AT Q>oninjii^ 13. eA<^R take fi-iCNr OK> jQOAP e.CHlA'P HO\Ji,e /s,hJV> stci e.c Legal Description; K I3Z. 40 1,30 A8 AC e OF P>ircN OF koT 4 EV. /go' ArrACHEO- /v>ap3 lO-ooo-a-ools-oooParcel Number VARIANCE REQUESTED IS:Place- a caQ^inj: G/ZZAIQ.D cRg/rK . s-etbAoL T"o PPoM P-T. FR-OM CU\THERaLL lAKF.(^^rD setback \oopt) '4-Vsu, iAA(>c(.ek^5 13 4B iRrUjjXni!Oil Itli'!soar ijllj! £§^u?ce » In order to properly evaluate the situation, please provide as much supplementary Information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County.^ jT\y-f^rr.pnrr.rl prr.jr.^t aat^taciam afttar ^omiitf ip-fr\ r ^ C.Ac^e/ut\y-27 ia *^4Application dated X i. , , Signature Of ApplicantpAVriMtr \iUK,fH,T^ciz-^zs-nE>\ 9'19_^7 . /^-Date of hearing; ____ MOTION AS FOLLOWS: . Time:M Motion was try Cocil Fernling, seconded by Randall Mann to deny the variance as requested. The motion failed with Craig Anderson, John Everts and George Walter voting no. After additional consideration, motion Walter, seconded by Craig Anderson and unanimously carried, to table the variance request • until the October 6th, 1994, Board of .Adjustment meeting for additional information. It was noted that the applicant s property is in an environmentally sensitive area. CoVea3) Chairmen Otter Tail County Board of AdjustmentXPermit(s) from Land & Resource ManageriQnt required: /0///k</ ' (Date/Initial) * ' YES NO mailed copy of Application to Applicant. MKL — 0483-001 258.371 — Victor Lunddeo Co.. Printers. Fergus Falls. Minnesota f > >• 1' Office of County i^eoixtei> County of Otter Tail I horoby certify that the within Instrument was flkxl lor re^ l^l» ofllce on the /^?- __day ol and was duly Microfilmed as Ooo. # <r County Reeordar ' Deputy: ii'jus: ■ • Motion was made by Craig Anderson, seconded by Carl Johnson, and carried with Randall. Mann and Cecil Femiing voting no, to approve the construction of a 20' by 24' structure, with an etitensibn if the existing shed is. removed, being . no closer .to .the lake than the„creek. .^ ._ side-of-the eKisting trailer and with the condition that the structure will be located 10' from the holding tank, at least 10' from the side lot line and no closer to the creek than 27' at the nearest point and with the condition that no other variances or structures will be granted. The granting of the variance.will allow the applicant a reasonable use her property. It was also noted that the property is in an environmentally sensitive area and any excavated areas must be stabilized immediately and any decks or patios should be at or near ground level. Hardship being a substandard lot of record. John Jahoda Cheryl Jahoda 17139 Wolfram St. NW Ramsey, MN 55303 RE; Variance/Permit for property at 20331 Bonnie Beach Rd Battle Lake, MN 56515 Parcel Number - 10-000-11-0075-000 To Whom It May Concern: We are respectfully requesting a building permit to add two additions to our existing dwelling. Firstly, we are requesting to add a two story addition (10’x16’) onto the existing extension. At the time of our variance we were allowed to place our “extension” within a specific distance from the creek, lake, and septic holding tank. Our request is in compliance to the required distances. Our holding tank is to be replaced and relocated to over 30’from the proposed additions. Therefore, we are requesting a permit which will be in compliance with our current variance, which allowed us to place our “extension" at least 10’ from the septic holding tank. Secondly, we are requesting a first floor cantilever 24 sq ft (2’ x 12’) entry extension that will line up with the existing second story cantilever. At the time of our variance the setback to the creek was 100 ft. With the new “Ditch” designation having a setback of 10 ft we should not be held to the old 100 ft setback on the ditch side. Due to the setback changes we feel these requests are in compliance with our current variance. Please feel free to contact me directly at 763-442-6104 if you have questions or would like to discuss this request. Best regards, John Jahoda Cheryl Jahoda cjahoda@comcast.net enclosed: site plan, cabin view plan, original variance copy 3IT. V.fw Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; John and Cheryl Jahoda 17139 Wolfram St. NW Ramsey, MN 55303 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 part of Government Lot 4, Property Address - 20331 Bonnie Beach Road Section 11, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238, Lake Name - Clitherall, Class - RD The variance requested is - the following: Proposing to construct a 10’ by 16’ addition with a 2'’^' story being 53’ from Clitherall Lake. The required setback is 100’. Requesting a 47’ variance from Clitherall Lake. Also proposing to construct a 2’ by 12’ entry extension to the existing dwelling being 63’ from Clitherall Lake. Requesting a 37’ variance. Required setback is 100’. 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. 'Wayne Stein Board of Adjustment Secretary July 24, 2015 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: John D & Cheryl L Jahoda, 17139 Wolfram St NW, Ramsey, MN 55303 7336 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 Keith Baldwin, Clitherall Twp, 21485 374*" Ave, Battle Lake, MN 56515 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 Third 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 i JOHN D & CHERYL LJAHODA 17139 WOLFRAM ST NW RAMSEY, MN 55303 7336 MAXAMINN LLC 53196 MAIN ST N MAHAWAN, Ml 49071 8305 JOHN DEUTSCH 6041 STAEDEM DR ANCHORAGE, AK 99504 1623 ERIN E OBRIEN ETAL 8629 HILLVIEW DR E SAINT BONIFACIUS, MN 55375 1198 DONALD H ETAL MYERS 504 IITH ST N MOORHEAD, MN 56560 2039 MEGTAR LLC 20092 CAMPGROUND RD BATTLE LAKE, MN 56515 9272 TO THE PUBLIC ,-v _/