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Home My WebLink About41000990259001_Variances_12-06-2012Variances 2 Barcode 128 DOC# 1120106 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: December 10, 2012 2:00 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE 1120106 Fee: $46.00 Well Certificate |I Rec'd By: NDB 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 COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date PROPERTY OWNER <2. K"________________DAYTIME PHONE 1)2- ' '•^'3^ MAILING ADDRESS 33/ ^/f//P 5____Sioi^K Czt\\Tf-^ _____ LAKE NUMBER LAKE NAME Lake c. LAKE CLASS / /f/O SECTION 03 TOWNSHIP RANGE O 5 ^ TOWNSHIP NAME i/‘n ^ PARCEL NUMBER ^/doo 9i>n(E-911 ADDRESS LEGAL DESCRIPTION L o"^ 7*3 r\Jt.»uc. 33*71773*77 3 31 1-A«v/uje. c./'j a ■J'jU t) -s Y e/t-yVN^e.‘j /cy l;w of / -e of Lot 2, .1 j _ .... - 7 -------- f- Uti.>\l <2y,'A-s y <^£,''*7.4.- c4 Lo-r *f cimJ /I'iri,'aU^^ li, £ciiy r‘iC/.3 y '/ A/j^^/^^Ay/1 ^ iLiW-e cf 4>e.ef yi^»y 3<-v'yi,e-/v <ro/''v/^'' o-- 7; " dC ,*1 'J<£^cL\A.(s ^al>l 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. - V j a piciiUA TCJaci ■v^Vt«c/c5'^ b«rf_ IS' f'et'l r*£i.n Si' C-ex-4 4.^ vfa-l h-tc_ir 4c YAe l 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. m Tvv i3 SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER '! / r / z I 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 Motion Eldon Vander Berg - Application approved as requested with a condition. (7:50 p.m.) After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a structure 10’ from the road right-of-way as depicted on the drawing submitted with the variance application with the condition that the applicant must obtain a letter from the township before a site permit can be issued indicating that the township has no financial obligation to the applicant should any damage occur to the proposed structure during normal road maintenance. The hardship/practical difficulty is the shape of the applicant’s lot. 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 Deceinber 6, 2012 Page # 3 James D & Susan J Haarstad - Denied/Approved. (7:28 p.m.) James D & Susan J Haarstad, Lot 1 Block 1 Jacobson’s Pelican View Subdivision and part of Government Lot 3, Section 9 of Dunn Township by Pelican Lake, requested the following: Requesting a 15’ variance from the 75’ ordinary high water level setback requirement to replace existing rotted deck and expand deck. Expansion of deck will be no closer to ordinary high water level then current existing deck. Existing deck and a new 8’ by 16’ section was completed In 2011. Proposed future deck section will be approximately an 8’ by 10’ section. The audience was polled with no one speaking for or against the variance as requested. Emails from James and Linda Moses and Steve and Val Jatczak in support of the variance as requested were read for the record. After consideration and discussion, Leona Zimmerman made a motion, second by Michael Harris and carried with Thomas Lee voting no, to deny the variance as requested for the areas depicted in green (new deck 8’ by 16’) and in purple (proposed future deck 8’ by 10”) on the drawing submitted with the variance application as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested and the applicants have a reasonable use of their property without the two additional deck areas and to approve/allow the deck area depicted in brown (existing deck) on the drawing submitted with the variance application noting that the replacement of this deck area would be considered normal maintenance. The area depicted in green on the applicants’ drawing must be brought into compliance with the above motion on or before June 1, 2013. Eldon Vander Berg - Application approved as requested with a condition. (7:50 p.m.) Eldon Vander Berg, part of Lots 1 and 2, Nirvana, East Battle and Stuart Lakes in Nidaros Township, requested a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a structure 10’ from the road right-of-way. Dale Vander Berg 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 DeRuyter in favor of the variance as requested was read for the record. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a structure 10’ from the road right-of-way as depicted on the drawing submitted with the variance application with the condition that the applicant must obtain a letter from the township before a site permit can be issued indicating that the township has no financial obligation to the applicant should any damage occur to the proposed structure during normal road maintenance. The hardship/practical difficulty is the shape of the applicant’s lot. Ed Kuklock - Application approved as requested. (7:55 p.m.) Ed Kuklock, Lots 1 and 2 Block 1, Hoffman Lake Acres, Hoffman Lake in Dora Township, requested the following: Due to lake re-classification, the two parcels are substandard. A variance is requested to declare Lot 1 and Lot 2 Block 1 Hoffman Lake Acres as buildable lots for single family residential use. Each lot Is to remain as originally platted and approved by county board 6/16/1986. The applicant was represented at the public hearing by Scott Orvik. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve Lot 1 and Lot 2 Block 1 of Hoffman Lake Acres as separate buildable lots for single family residential use as they were originally platted. The variance as approved does not directly or Indirectly grant any other variances for the development of these two lots. The variance as approved is consistent with past actions of the Board of Adjustment as it relates to lots impacted by the lake reclassifications that occurred in May of 2009. It should also be noted that the Land and Resource Department does support the applicant’s request. scMiia WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel ^ N f OOn 9^0^"S ^900 I), described in my _________________________________ Application dated/7 /??/ 12. Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). □ Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). y/.=p h'9~(/ i //^ ^ 17^ {/ /iC-^ ; DATED PROPERTY OWNEf 01-03-2011 Mbowman app &forms- waiver 60 day rule To whom it may concern: I "; J V t ]LAMD & P:! ’7 On October 4, we met with the board of adjustments and received approval to have a 24' by 40' lake home built on East Battle Lake. The plans which we submitted would be at least 75' from East Battle Lake and 56' from Stuart Lake thus requiring a variance to allow us to be closer to each of these lakes than the normal regulated distances. After that meeting, we decided to contact a professional surveyor to review our lot and help us place the final stakes in the appropriate locations. We felt this was a wise step to take due to uniqueness of our lot and differences between the platted road and the actual road. As a result, we found we would not be able to fit our new lake home and still remain 20' from the platted road. When the home was staked out by our builder and by us, we did not have the cabin square and we worked off the actual road location rather than the platted road. The platted road is actually closer to our projected home location than the actual road is. In fact, the platted road goes through our existing cabin as it stands right now. Also, since your meeting on October 4, it has come to attention that our neighbor, Mark De Ruyter, is asking that we push the new home back as far as we possibly can. As a result of the work of the surveyor and our neighbor's request, we are asking for an additional variance to have our cabin within 10' of the platted road location. • To fit a 24' X 40' home on our lot, we would need to be within 15.12' of the platted road. This would still keep us more than this distance from the actual road. • To get the cabin as far back as possible for our neighbor, we would like to be granted a variance to be 10' from the platted road. If this is not possible, we would like to be granted a variance of 15' so we can still get our new lake home on our lot. • The attached drawing from Anderson Land Surveying, Inc. shows how the lake home would be placed on our lot. • Anderson Land Surveying, Inc. will be setting the stakes on the lot by November 15 so you can see what this looks like on the actual lot. Please consider our variance request to place our lake home 10' from the platted road instead of the 20' from the platted road so we can accommodate our neighbor's request and improve our property with a new lake home. Thank you! a Eldon Vander Berg Oi/;* --C- V > f 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: /O 0 TOTAL IMPERVIOUS SURFACE: LOT AREA: 1^ ^0 TOTAL IMPERVIOUS SURFACE Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 X100 = yj LOT AREA IMPERVIOUS SURFACE RATIO % To: From: Otter Tail Board of Adjustment Otter Tail County Services Center Fergus Falls, MN Mark and Ruth De Ruyter 714 Armstrong Dr. Georgetown, TX 78633 11-28-12 43769 220'^ St Vining, MN Lot 2/Parcel C Nirvana Subject: Application for Variance - Eldon Vander Berg Lots 1 and 2/ Parce D Nirvana 43781 220* St., Vining,MN We endorse Applicant’s request for a variance of 10 feet from the required road right-of-way setback of 20 feet for the purpose building a dwelling that would set partially within said setback. Applicant’s previous request for a variance dealt with the required setback from lakes East Battle and Stuart. In that case, from the submitted site drawing and the staked location of the intended dwelling, we were concerned that said dwelling would be substantially north/down hill towards East Battle from our cottage and consequently blocking our view as well as being out- of - line with our cottage and the two dwellings directly west of us (parcels A ,B and C). Applicant’s present request for a 10 foot variance from the road right-of-way which would have the effect of relocated the dwelling site closer to 220* St. and lessen the previous migration towards East Battle and result in somewhat minimalizing that intrusive view and out-of-line appearance. Any move of the dwelling site away from East Battle and towards 220* street would be an improvement. Consequently we support Applicant’s present request. Thank you for your consideration. Mark and Ruth^e Ruyter PPrPiv/pn BEC 0121112 f^ERGUS FALLS, MN scAf;:;:D Notice of Hearing for Variance Otter Tail County Government Services Center 510 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, IA 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, December 6, 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 legally described as part of 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 and Stuart, Class - RD The variance requested is - a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a structure 10’ from the road right- of-way. Date: November 16, 2012 ‘iVi^Tie Stein Board of Adjustment Secretary 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 19th, day of November, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Eldon Vender Berg, 331 2"‘‘ Ave SE, Sioux Center, lA 51250 Stuart Lake Assoc., Donald L Henderson, 21287 Greenhead Dr, Clitherall, Mn 56524 East Battle Lake Assoc., Allen koep, 40289 Otter Rd #6, Battle Lake, MN 56515 Debra Biederman, Twp Clerk of Nidaros, 40578 Cliff Road, 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Leona Zimmerman, 418 E Lakeside Dr, 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 Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: November 19th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:V . / / /r.- < Vi Manderud SCAK:iED bryaisTkselvaag 2905 TRILBY AVE W TAMPA, FL 33611 CHARLES A ELY ETAL 6347 SIMMER CIR SPRINGFIELD, VA 22150 CLARES SMALL MANION 2200 MIDLAND GROVE RD APT 201 ROSEVILLE, MN 55113 DALLAS ANDERSON 1920 COUNTY ROAD 23 LYONS, NE 68038 DON C& DIANE H JOHNSON 43701 220TH ST VINING, MN 56588 ELDON K & WILMA VANDERBERG 331 2ND AVE SE SIOUX CENTER, lA 51250 JAMES JUSTIN SR 43665 220TH ST VINING, MN 56588 JOHN A SAUNDERS ET AL 14697 94TH ST SE GENESEO, ND 58053 KAREN A VANDERBERG 330 2ND AVE SE SIOUX CENTER, lA 51250 KENNETH P RUST 4343 37TH AVE S FARGO, ND 58104 LEONCBOEHLAND 43731 220TH ST VINING, MN 56588 MARILYN M BUCK 625 EAST 200 S TIPTON, IN 46072 MARK & RUTH DE RUYTER TST 714 ARMSTRONG DR GEORGETOWN, TX 78633 MARK DE RUYTER 714 ARMSTRONG DR GEORGETOWN, TX 78633 MARLENE DOWEN TST ATTN ELIZABETH DOWEN 210 LINDENWOOD DR EXTON, PA 19341 MARVIN A WRIGHT ETAL 4061 85TH AVE NE SHOREVIEW, MN 55126 MARY BROWN 5CHERR PO BOX 122 CLITHERALL, MN 56524 PAUL & MARY OLINGER 22412 COUNTY HIGHWAY 5 CLITHERALL, MN 56524 RICKIE C & BARBARA J DAVIS PO BOX 26 BOONE, lA 50036 SAM JOHNSON ETAL 43701 220TH ST VINING, MN 56588 STATE OF MINNESOTA ATTN TAX SPECIALIST PO BOX 45 SAINT PAUL, MN 55155 STONE TST 8300 HILLTOP DR POLAND, OH 44514 SU5AN L LARSON ET AL PO BOX 793 NEBRASKA CITY, NE 68410 THOMAS C JOHNSON TSTEE 1909 L ST AUBURN,NE 68305 SCAK^ED