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Home My WebLink About41000990259001_Variances_10-04-2012IllllllllllllllllilVariances 2 Barcode 128 Date Stamp RECEIVED AUG 3 (I 2012 RECEIVED^ LAND & RESOURCE SEP ^ 0 2012 L&R Initiali AND & RESOURCE 1116719 DOC# 1116719 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: October 10, 2012 8:40 AM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE Fee: $46.00 Well Certificate I Rec'd By: LL 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 |0'04- I2- Application Fee _■^00 &0 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _____ Accepted By / Date Aniij PROPERTY OWNER FcTOO A/ j/^N/clgr ^DAYTIME PHONE 7/^ ' 7 MAILING ADDRESS _ 331 aA-U Auti- -se ^<^.-0,0.- CoAj-hj-. x-4 S'mo LAKE NUMBER ’ I LAKE NAME /~AS V L^V-S—_______LAKE CLASS _ //^o ' 3*^ TOWNSHIP NAME .SECTION 03 TOWNSHIP RANGE. O A PARCEL NUMBER 00 i E-911 , /.ADDRESS ^3i7Sl 3-hU/ -AX-s try LEGAL DESCRIPTION / ) J. 0 , C $o o W».«_e>CkLei'3 S A/ 0^ ck < 5 \ aw O <■ «-V c 0. ^ a.'i ek LcLii 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. 'TV ^ro > CK V^ Lo 0VdV>v-C i-o V' V<_ 7^ /s /OO^ hi'hi LuKxs 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. ■4Ml /c SIGNATURE OF PROPERTY OWN^/ 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 Date Of Hearing _ Time '7.- /^rr>. Motion Eldon Vander Berg - Approve the variance application with a modification. (7:12 p.m.) After consideration and discussion, Kenneth Erickson made a motion, second by Michael Harris and unanimously carried, to approve a variance of 25’ and a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of a single story home 75’ from East Battle Lake and 56’ from Stewart Lake. Cnafrman/OtterTail County Board of Adjustment 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 bk 072011-001 L R Official/Date October 4, 2012 Page # 3 ^^/^Idon Vander Berg - Approve the variance application with a modification. (7:12 p.m.) Eldon Vander Berg, Lots 1 and 2 Nirvana, East Battle Lake in Nidaros Township, requested a variance of 25’ and a variance of 40’ from the required ordinary high water level setback of 100' for the placement of a home 75’ from East Battle Lake and 40' from Stewart Lake. Dale the applicant’s son 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 Mark and Ruth De Ruyter addressing the variance application and the drawing submitted with the application was read for the record. After consideration and discussion, Kenneth Erickson made a motion, second by Michael Harris and unanimously carried, to approve a variance of 25’ and a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of a single story home 75’ from East Battle Lake and 56’ from Stewart Lake. Frances M. Atherton - Approve the variance application as requested. (7:28 p.m.) Frances M. Atherton, Lot 1 Camp Corliss, Clitherall Lake in Clitherall Township, requested the following; Due to the leaky low pitched roof we want to install new rafters with s 6/12 pitch over the old roof. We would like to extend roof over the entry door and add a 12’ by 44' addition. There is also a mold issue caused by leaking roof. There is also a need for a main floor storm shelter. Shelter would consist of 12’ by 12’ concrete walls 8” thick and ceiling inside of footprint. The existing dwelling is located 40’ from the ordinary high water level. Requesting a 60’ variance. The required setback is 100’. Also requesting a 20’ variance to the road right-of-way. The existing cabin is 0’ to the road right-of-way. Required setback is 20’. The proposed development will be no closer to the ordinary high water level and road right-of-way than the existing dwelling. Scott Buchholz and Jim Wilkowski (correct spelling, i think) represented the applicant at the public hearing. The audience was polled with Ron Sugden addressing concerns regarding a share septic system. Mr. Buchholz noted that the pitoh will be a 4/12 pitch instead of the 6/12 pitch as noted in the application. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variance for the proposed development as described in the variance application dated September 11, 2012 and as depicted on the drawing submitted with the variance application. The proposed development will be no closer to the ordinary high water level than the existing structure. Steve D. and Eileen Scheel - Denied. (7:40 p.m.) Steve D. and Eileen Scheel, Lot 32 Pelican Lake Park, Pelican Lake in Dunn Township, requested the following: owners proposing to replace existing dweliing/garage. The proposed structure will be 8' from the east lot line. The required setback is 10’. Requesting a 2’ variance. Dan Lindquist represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, second by Randall Mann and unanimously carried, 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 and the applicants can obtain a reasonable use of their property without the granting of the variance as requested. William W. and Theresa Corwin - Approved the variance appiication as requested with a condition. (7:45 p.m.) William W. and Therese Corwin, Lot 12 Hoffman’s Beach, West McDonald Lake in Dora Township, requested a variance of 42’ from the required ordinary high water level setback of 100’ for the purpose of building a 28' by 50’ dwelling with a deck 58 to 59’ from the ordinary high water level at the closest point (note the front of the new dwelling will be 99’ from the ordinary high water level) and a variance of 39’ from the required ordinary high water level setback of 100’ for the building a 24’ by 28’ garage 6T from the ordinary high water level. Scott King, Contractor, represented the applicants at the public hearing. 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 Thomas Lee and unanimously carried, to approve a variance of 42’ from the required ordinary high water level of 100’ for the purpose of building a 28’ by 50’ dwelling with a deck 58 to 59’ from the ordinary high water level at the closet point (note the front of the new dwelling will be 99’ from the ordinary high water level) and a variance of 39’ from the required ordinary high water level setback of 100’ for the building of a 24’ by 28’ garage 6T from the ordinary high water level with the condition that the existing cabin must be removed on or before October 4, 2013. The applicants’ proposed development will be moving back and away from the ordinary high water level and will be an improvement over the existing development. The proposed development is being approved as described in the variance applicant dated September 12, 2012 and as depicted in the drawing submitted with the application. .AM To whom it may concern: We are looking for a variance permit to build a new cabin (24 x 40) on our lot on East Battle Lake, MN. The new cabin would be 75 feet from East Battle Lake and 60 feet from Stuart Lake. As we understand it, the cabin should be 100 feet from both lakes and so we are applying for a variance. -This cabin has been in our family since 1952. We have fixed it up over the years but the cabin is getting toward the end of its useful life. We believe that the cabin is approximately 100 years old. There are a number of issues with the current cabin that make remodeling extremely difficult if not impossible. One of the biggest problems is that the foundation is built on old tree stumps and those have rotted over time and the cabin has no good foundation or level stops. In addition, the current cabin does not have a basement and when storms roll through, we do not have a place where we can go to be safe. We are proposing to put a new cabin (2 bed rooms) with a basement (unfinished) on the existing lot once the old cabin is removed. This cabin will be a 40 x 24 cabin so it will not be large but will be functional. We placed the proposed cabin on the lot were we could meet as many of the requirements as possible. The cabin would be over 75 feet from East Battle Lake. We would be 12 feet from the lot line on the side of the cabin that is next to the neighbors. We would be over 46 feet from the property line on the other side of the cabin (the property on this side does not have any building on it). The back of the house would be 20 feet away from the platted road which runs right behind the house. (Currently the cabin is only two feet away from the road.) If you have any questions, feel free to call. The number to reach us would be 712-541-2887. received SEP 1 0 2012 & RESOURCE SCANNED IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Structure(s): Deck(s); Driveway(s): Patio(s): Sidewalk(s): Stairway(s); Retaining Wall(s): Landscaping: (Piastic Barrier) Other: ^Cd m __ Ft2 __ Ft2 ________Ft2 _____________ Ft2 _____________ Ft2 ____________ Ft2 __ Ft2 __ Ft2 Ft2 160 TOTAL IMPERVIOUS SURFACE: LOT AREA: Ft2 TOTAL IMPERVIOUS SURFACE X100 =IS'.ll LOT AREA IMPERVIOUS SURFACE RATIO % '4 Page 1 of 4 First CRC Webteam From: "ACLCP - Cote d'Ivoire" <ivorycoast@firstcrc.com> Date: Sunday, September 09, 2012 11:32 PM To; <ivorycoast@firstcrc.com> Subject: News from Dea's return HOME! News from Doa Lien...who is now HOME in Cote d'Ivoire...read the newsletter to find out about his JOYFUL homecoming and more! I.s this email not displa>'ing correctly? View it in voiir browser. Farewell Picnic for Dea Lieu - June 15. 2012 News from Cote d'Ivoire Part 1 of 2 As^annJ^I amved at Abidjan air- port on June 20 but earlier than I thought. Our flight landed in Accra to drop off some passengers around mid-day and cpiite sure that we were arriving earlier in the afternoon I made a few calls to get someone to meet me at the air port and take me to the guest house. Upon arrival at Abidjan International Air Port it was quite amazing our denomination secretary and his spouse have made their way to meet me and take me to the guest house where Charlotte along with ACLCP board chairman and the deacon of our home church met me later on in the day. These two men had been sent to meet me and assure me of the joy of the church and ACLCP to see me hack home with my family and of course resume our calling in their midst. Charlotte and I stayed at the guest house for three days. During this time we visited with my follow up doctor and discussed and set up with her schedules of future vdsits. We agreed to follow the schedules that Iowa City hospital set according to which I was required to do my follow up on the July q.Then we set out on the following day June 24 for the six to eight hours long journey to Danane. We reached Danane around 8 at night. I should indicate that my doctor requested I do not travel in a public transportation and our church has prov ided some funds to buy gasoline and use the deacon’ little car to take us to Danane. 9/17/2012 ''-m'*#'v> X . " ^ V'"- I' ^ V- . '*3k I *fh!^Vv': LV* ►y *•<(•" SCANfs V«?l A **5 I t ■/. (j^ j m ^ ■ ^ »■ -'» ^;'rj -r V >.. •>■%* r-Cl #».v sTC'? .piuv Notice of Hearing for Variance Otter Tail County Government Services Center 610 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Eldon Vander Berg 331 2"'’ Ave SE Sioux Center, lA 51250 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, October 4, 2012 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 iegally described as Lots 1 and 2 Nirvana, Property Address - 43781 220*’’ St. Section 3, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-138/191, Lake Name - East Battle/Stuart, Class - RD The variance requested is - a variance of 25’ and a variance of 40’ from the required ordinary high water level setback of 100’ for the placement of a home 75’ from East Battle Lake and 40’ from Stewart Lake. Date: September 14. 2012 W(^ne Stein Board of Adjustment Secretary KJ ED 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 17th, day of September, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Eldon K and Wilma Vanderberg, 331 2"'* Ave SE, Sioux Center, lA 51250 1401 Debra Biederman, Twp Clerk of Nidaros, 40578 Cliff Road, Clitherall, MN 56524 Stuart Lake Assoc., Donald Henderson, 21287 Greenhead Dr, Clitherall, MN 56524 East Battle Lake Assoc., % Allen Koep, 40289 Otter Rd #6, 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501 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; September 17, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By; Vi Manderud SCANNED DALLAS ANDERSON 1920 COUNTY ROAD 23 LYONS NE 68038 5041 LEON C BOEHLAND 43731 220TH ST VININGMN 56588 9512 MARILYN M BUCK 625 EAST 200 S TIPTON IN 46072 RICKIE C & BARBARA J DAVIS PO BOX 26 BOONE lA 50036 26 MARK DE RUYTER 714 ARMSTRONG DR GEORGETOWN TX 78633 5186 MARK & RUTH DE RUYTER TST 714 ARMSTRONG DR GEORGETOWN TX 78633 5186 MARLENE DOWEN TST ATTN ELIZABETH DOWEN 210 LINDENWOOD DR EXTON PA 19341 2171 CHARLES A ELY ET AL 6347 SIMMER CIR SPRINGFIELD VA 22150 1192 DON C & DIANE H JOHNSON 43701 220TH ST VININGMN 56588 9512 SAM JOHNSON ET AL 43701 220TH ST VININGMN 56588 9512 THOMAS C JOHNSON TSTEE 1909 LST AUBURN NE 68305 JAMES JUSTIN SR 43665 220TH ST VININGMN 56588 9512 SUSAN LU\RSON ETAL PO BOX 793 NEBRASKA CITY NE 68410 793 CLARE S SMALL MANION 2200 MIDLAND GROVE RD APT 201 ROSEVILLE MN 55113 3838 PAUL & MARY OLINGER 22412 COUNTY HIGHWAY 5 CLITHERALLMN 56524 9505 KENNETH P RUST 4343 37TH AVE S FARGO ND 58104 7560 JOHN A SAUNDERS ET AL 14697 94TH ST SE GENESEO ND 58053 9455 MARY BROWN SCHERR PO BOX 122 CLITHERALLMN 56524 0122 BRYAN K SELVAAG 2905 TRILBY AVE W TAMPA FL 33611 4428 STATE OF MINNESOTA ATTN TAX SPECIALIST PO BOX 45 SAINT PAUL MN 55155 4045 STONE TST 8300 HILLTOP DR POLAND OH 44514 2985 ELDON K & WILMA VANDERBERG 331 2ND AVE SE SIOUX CENTER lA 51250 1401 KAREN A VANDERBERG 330 2ND AVE SE SIOUX CENTER lA 51250 1402 MARVIN A WRIGHT ETAL 4061 85TH AVE NE SHOREVIEW MN 55126 1187 d2 2di2 Wire ',MN 9- 28-12 Otter Tail County Services Center Fergus Falls, MN From: Mark and Ruth De Ruyter 714 Armstrong Dr. 43769 220^'' St., Vining, MN Georgetown TX 7633 Lot 2/Parcel C Nirvana Subject: Application for variance - Eldon Vander Berg Lots 1 and 2/Parcel D Nirvana 43781 220**’ St., Vining, MN At the outset, we neither endorse nor contest Applicant's requested variance because the necessity of said request appears to arise from the errors of previous owners of the subject property. If a new dwelling is to be built on this particular lot, we have to recognize that practical hardships are the terrain and topography of Applicant's parcel as well as the proximitry of the construction site to Stuart lake and Twp. Road 220. In other words. Applicants believe that because of the intended dwelling's size (25' x 40'), it's location must be moved northward/downhill away from 220**^ St. and towards East Battle Lake. If Applicants are to build it would appear they have only one or two directions to go. The only questions regarding a necessary variance appear to be those of distance and location. In that regard it appears the interest of Applicants, Otter Tail County and adjoining property owners must be considered and accommodated as best as possible. We are the owners of Lot 2/Parcel C and dwelling thereon that lie west and immediately adjacent to Applicant's property at issue. Our family acquired that property in 1938, the dwelling thereon was built in the very early 1900s and subsequently improved by placing a cement block foundation under it, etc. To: Otter Tail County Board of Adjustment SCANNED Although it is anticipated members of the Board will visit Applicant's site, we wish to point out the following: 1. It is noted that subject application does not include a completed Pre- Application Site Inspection Request. Further, Applicant's submitted scale drawing is not drawn to scale and does not adequately depict the intended replacement dwelling's location in relation to the existing dwelling, well, septic tank or the location of our dwelling. 2. Applicant's staked location of the proposed dwelling as it appeared on 9- 16-12 (date of our departure from area) did not conform to the submitted drawing in that the NE corner of said staked location appeared to be much farther north and east i.e. downhill and closer to the well, then as depicted in said drawing. 3. It appears to us that the proposed structure will be significantly in front of the dwellings on Lots 2,3 and 4 (parcels A,B and C) immediately to the west. Though incomplete and not drawn to scale, the southeast corner of Applicant's proposed dwelling is reported to be 24 feet north of the southeast corner of the present structure (not shown on drawing) and/or the 24 feet represents the distance between the southeast corner of the proposed structure to the platted road. Placement of stakes reflects the same. 4. No string line is available due to absence of any structure to the east of Applicant's Parcel D. However, Applicant's present dwelling on Parcel D along with dwellings on Parcels A,B and C are presently in a symmetrical line. If Applicant's proposed dwelling is placed as presently staked and questionably depicted in the scale drawing, that proposed dwelling will be substantially north and out of line. The result will be significant interference with our view to the northeast and leave us looking directly at the west end of the proposed dwelling and decreasing the<esthetic value of our property. 5. Again referring to Applicant's scale drawing and staked site, it would appear there would be ample space to reposition the location of the proposed structure farther to the east and south thereby minimizing the intrusive view. QC'i We appreciate the work the Board does in protecting the various interests of our citizenry as well as our governmental entities. In the case at hand, in the event a variance is granted that it be so framed as to protect the interest of all parties to the most feasible extent possible. Thank you. Mark and Ruth De Rutter 512-869-1420