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HomeMy WebLinkAbout10000990590000_Variances_07-14-2016Variances 2 Barcode 128 1177263 bate Stamp CAROL SCHMALTZ otter tail county recorder FERGUS falls, MN recorded On 07/19/2016 9:46 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N <rs4 RECEIVED MAY 2 h 2016 LAND & RESOURCE CO -g f.’O ■ . SCANNEDCO 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 NiimhsrJ} H /(/? Hi l-c\We ^ FM y ^ \ ^_____ I ~| -l-l\ fe <r t\ (I COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date Crcunrlc L ^ s t r PROPERTY OWNER DAYTIME PHONE P-0, B 'XbJ0 /MAILING ADDRESS R.b.LAKE NUMBER LAKE NAME LAKE CLASS 0 \I BZ H 0 V'c\SECTION TOWNSHIP RANGE TOWNSHIP NAME Lo^z.; 'W. 0-f H OH li C|,-f4 RLnSmber iO - L>b)0 - HH - ObHC? - 0 00 E-911 ADDRESS LEGAL DESCRIPTION d lld <l (4 ie OHDSecH-. Tvop. Lt^ke Bloc I*' I ( 0 lAM C LV CA.C\V>0 TYPE OF VARIANCE REQUESTED (Please Check) Subdivision ^ ClusterStructure Setback Structure Size Sewage System WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 4-u (^U7)4e 4 e 0 |> <?r 4o LoP3. € 03if 14rvi41 3i' (/v\ Cl V\ (> w 1av\ I O-P4 4 V 6. VW ^ v\ I w IIAI d ^ v\i" 1 ] o4 S iD'OOO-^'Y'- tAJ 'i 1 1 s; I 7^ ewv«es f 4 < tUe S. M, 0.J tyv 'l 'T W1 e VA 5 03<i \r eC^V'UO A 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. dclhj'UJL 5-^^-3-Clla'\SiAj SIGNATURE 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 •5^ A Cf yii TimeDate Of Hearing 0 Motion Carrie L. Fisher - Variance application approved as requested with conditions. (6:33 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Rick Wilson and unanimously carried, to approve the variance as requested with the condition that the subject area is not a bluff and with the condition that a registered surveyor’s drawing must be provide at the time of conveyance. It was noted that this type of request has been approved in the past. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No /Imy B.Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR Offidal/Date bk 072011-001 MINUTES OF THE MEETING OFTHE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, July 14, 2016 The Otter Tail County Board of Adjustment met Thursday, July 14, 2016, with the following persons in attendance: Paul Larson Steve Schierer Eric Babolian, Land and Resource Management David Hauser, County Attorney Thomas Lee Dan'en Newville Rick WilsonWard Uggemd Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the June 9, 2016 meeting as mailed with the following coirection: Gary Hook - Variance application approved as requested. (6:38 p.m.) As stated in the June 9, 2016 minutes - After discussion and consideration, Paul Larson made a motion, seconded by Ward Uggemd and carried with David Wass voting no, to approve a variance of 70" from the required ordinary high water level setback of 200' for placement of the proposed development 130' from the ordinaiy high water level as requested in the variance application dated May 6, 2016 and as depicted on the drawing submitted with the variance application. A motion was made by Thomas Lee, seconded by Rick Wilson and unanimously carried to correct the above minutes to read as follows: After discussion and consideration, Paul Larson made a motion, seconded by Ward Uggemd and carried with David Wass voting no, to approve a variance of 130’ from the required ordinary high water level setback of 200" for placement of the proposed development 70’ from the ordinary high water level as requested in the variance application dated May 6, 2016 and as depicted on the drawing submitted with the variance application. The Board of Adjustment considered the following applications for variance: L. Fisher - Variance application approved as requested with conditions. (6:33 p.m.) Carrie L. Fisher, Lot 2 Block 1 Stabnow Addition to Clitherall Lake, Clitherall Lake in Clitherall Township, requested the following: Detach 30’ along east edve of Dronertv (Lot 2) and pennancntlv attach it to Lot 3. Both resulting residential lots will meet the minimum lot size and water frontage requirements of the Shoreland Management Ordinance. The audience was polled with no one speaking for or against the variance as requested. David Stabnow represented the applicant at the public hearing. After consideration and discussion, Paul Larson made a motion, seconded by Rick Wilson and unanimously carried, to approve the variance as requested with the condition that the subject area is not a bluff and with the condition that a reuistered surveyor's drawino must be provide at the time of* conveyance. It was noted that this type of request has been approved in the past. The variance as approved does not directly or indirectly grant any other variances for future development. Wayne Stein Wayne Stein Tuesday, July 12, 2016 6:41 AM 'David Stabnow' RE: 30' or 40’ From: Sent: To: Subject: July 12, 2016 Dear Mr. Stabnow, The change can be offered at the meeting. The Board, with guidance from legal counsel, would need to determine if the requested change can be accepted. Generally if the requested change is the same type of variance request as the original request and does not impact neighboring properties it would be accepted as a modification to the original request. However, if it is the Boards opinion that the neighboring properties (within 500' of the subject property) should be notified of the change then it would be accepted as a modification to the original request and a new application would be required. Sincerely, Wayne Stein, County Auditor - Treasurer Government Services Center 510 Fir Ave W. Fergus Falls, MN 56537 Office Line - 218 998-8030 Direct Line-218 998-8041 Fax Line-218 998-8042 From: David Stabnow rmailto:david.stabnow@lifewav.com1 Sent: Monday, July 11, 2016 10:27 AM To: Wayne Stein Subject: 30' or 40' Mr. Stein, My wife and I have filed for a variance, and we plan to be at the meeting this Thursday. The variance calls for my sister, Carrie Fisher, to give me 30' from her lot in Stabnow Addition on Clitherall Lake. My sister also plans to be at the hearing. Carrie's existing lot has 191' of lake frontage. Carrie might be willing to give us 40'. That would leave her lot at 151'. The variance on record is for 30'. Can we change it to 40' at the time of the hearing? Both 30' and 40' have been staked out on the property. 1 Dave David K. Stabnow, PhD Bible and Reference Book Editor B&H Publishing Group, A Division of LifeWay Christian Resources Direct Line: 615.251.5851 r BHPuDlishingGroupcom Discipleship is intentional. Bible Studies for Life can help. Download Your FREE Preview 2 SCALE DRAWING FORM ((i^\0'QOQ OOP J \0-OOO'<^‘\-OS’U V ' J Tax Parcel Ni«nber(s) - 000 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). Scale I iI /ifI i I i > ; I‘ 1 .1 \\ \I I 7?!I € N>!VA !i y'J,r!-X » a/-I:PO'!<j:to -io uJp r~o9VrtH6yg_X>(TN 7^X)mi > ;r DateSignature of Property Owner BK —042016 360.8G0 • VtctoJ Lijndeen (‘n Ptmipts • F-t»rgiis Palls. MN * 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION - List & identify all existing & proposed onsite impervious surfaces on scale drav\/ing. [_ Q "V ^ i "» w\ iP <c w* V t # i i/\ (P C i> ■fH?). B 0 OLot Area (ft^): Other Impervious SurfaceBuildings ProposedExistingProposedExisting Ft^Ft^Ft^ Ft^ Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage I °t X Landing(s)Storage Shed \,‘XOODriveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous (900\ ^ X o TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Proposed Total Lot AreaExisting Ft^Ft^Ft^Ft^Total Buildings 0.2^I ^B,30OO 100+Xi Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio Proposed TotalTotal Buildings + Other Impervious Surface Existing Ft^Ft^Ft^Ft^ . 0208 2.080It,100+-i-X =) Impervious Surface Calculation Worksheet 04-11-2016 -1 bDateSignature: Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER Timeoe«tr>BiatiioT« Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Carrie L. Fisher PC Box 267 Battle Lake, MN 56515 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, July 14, 2016 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 2 Block 1 Stabnow Addition to Clitherall Lake, Property Address - West of 40414 Cliff Road Section 1, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238, Lake Name - Clitherall, Class - RD The variance requested is - the following: Detach 30’ along east edge of property (Lot 2) and permanently attach it to Lot 3. Both resulting residential lots will meet the minimum lot size and water frontage requirements of the Shoreland Management Ordinance. We^ne Stein Board of Adjustment Secretary June 24, 2016 OTTER TAIL COUNTY Fergus Falls, Minnesota 4. 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 28th, day of June, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Carrie L Fisher, PO Box 267, Battle Lake, MN 56515 Keith Baldwin, Twp Clerk of Clitherall, 21485 374*'' Ave, Battle Lake.MN 56515 Clitherall Twp Assoc., PO Box 101, Clitherall, MN 56524 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 Darren M Newville, 614 6**' St NE, Perham, MN 56573 Rick Wilson, 609 W Lakeside DR, Fergus Falls, MN 56573 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: June 28, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment J?By: ^T^cXA^^<.9 V Co-- Vi Manderud ORLYWBJERKETVEDT 40130 CLITHERALL LAKE RD N CLITHERALL, MN 56524 9640 CARRIE L FISHER PO BOX 267 BATTLE LAKE, MN 56515 267 GLORIA AXELSON 23213 CHIPPEWA RD VINING,MN 565889553 RONALD A & VIVIAN OLSON 40159 CLITHERALL LAKE RD N CLITHERALL, MN 56524 9640 DIANNA LEE PRIOR ETAL 5440 97TH AVE NE SPICER, MN 56288 9335 RICHARD LJIBBENTST , 37890 EAGLE LAKE LOOP BATTLE MKE, MN 56515 9563 DAVID K 8c BONNIE R STABNOW 5105 META a NASHVILLE, TN 372115752 JOHN A ROSA 25 KNOLLBROOK CT BLOOMINGTON, IL 61705 5211 STEVEN J 8c JUDY A ROKES POBOX21 CLITHERALL, MN 56524 21 WENDELL W 8c JOANNE E WALKER 1804 QUIVIRA RD AUSTIN, TX 78745 8007 HERMAN T 8c CARLA K TYSDAL 21273 402ND AVE CLITHERAL, MN 56524 9615 JEFFREY K 8c GAY STABNOW ' ' 40186 CLITHERALL LAKE RD N CLITHERALL, MN 56524 9640 JAY KENTON WESTWOOD 15201 E 63RD ST S DERBY, KS 67037 9030 Marsha Bowman ilV-Marsha Bowman Thursday, July 28, 2016 11:23 AM 'David Stabnow' RE: Lot 2, Stabnow Addition SKM_454el6072714580.pdf From: Sent: ano€_ To: Subject: Attachments: 7- ‘ ^ ‘'2-01Q?Hi Dave, In order to respond to your question, I pulled our file for the subdivision of “Stabnow Addition to Clitherall Lake". In reviewing this information, the Surveyor’s Notes included a comment indicating that there are not any bluffs on this plat (see attachment). Since this is the case, our Office will consider that the Board of Adjustment’s condition regarding the bluff has been met. Therefore, it appears that your next step is to have the survey completed to present at the time of conveyance. If you have any questions, please contact me. Have a nice day! Marsha (By the way, it was fun seeing not only our classmates but also “school-mates”!) MofjJvo/Bowmoiv Office^ Admlvxiity-atjiyr Land/Sr ‘Resource/Management: GSC, 540 W fir Fef-gui-Faliii MW 56537 218-998-8099 SCANNED TniiitMieT* From: David Stabnow rmailto:david.5tabnow(g)lifewav.com1 Sent: Wednesday, July 27, 2016 2:16 PM To: Marsha Bowman Subject: Lot 2, Stabnow Addition Marsha, Good to see you last week! It was fun! Our previous survey was done by Terry Lee Anderson. I remember that Dad talked to him about the possibility of a bluff. I looked at his plat and description of lot 2, and there was no mention of a bluff I am assuming that silence implies that there is no bluff I thought the county used to have a map that indicated all the bluff zones. There used to be a road along the lake. It shows up in the oldest plat books. I think that may be what caused the steep slope on the hillside. Also, there is a nearly level area that extends back about 100' from the OHW to the toe of the steep slope. Does that make a difference? So what we have is; 1. there is a little sand, then the edge of the grass is about 2' above the OHW 1 \2. there is about 100' of ground that slopes gradually up to the toe of the slope r 3. it slopes steeply for about 17' vertical from the toe to the edge of the break 4. after the break, it continues to slope up more gradually for about 75' to the top of the hill. What is the next step? I plan to have the lots surveyed again anyway. 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