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HomeMy WebLinkAbout41000990314000_Variances_09-02-2010Variances 2 Barcode 128 3^‘Z.ato 1082166 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__1082166 was filed/recorded in this office for record on thel ^ day of (Vlh 2010 at Q'l Wendy, L. M-iL ^cording fee^ .well certificat 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 Application Fee _ Receipt Number Accepted By / Date PROPERTY OWNER i' ^ MAILING ADDRESS Q I & r ^ T. /J ^ S'3O 3 //a/"« ^ DAYTIME PHONEdc// fe/^ ~ 709- 9 ^7:L. LAKE NUMBER 5'6 ~ / 3 LAKE NAME j3 A f-F / e.LAKE CLASS \\ 0 SECTION ^ TOWNSHIP I RANGE 3 9 TOWNSHIP NAME A’ > J r g>' PARCELNUMBER A y/ OCOO I O oo | 06 7 ADDRESS UK^tUi, ^ ------- V/I LEGAL DESCRIPTION GI-3 TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback ^ Structure Size____Sewage System____ Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.Cabin was built in 1894 - Ken & Ginger Schmidt purchased the cabin in 1989. Removing the existing porch witch is starting to rot. We would like to replace the porch and enlarge the cabin at the same time. Adding onto the north side of the cabin going toward the center of our lot. Original cabin was built 17 feet from the high water mark. The addition would stay the same distance from the high water mark in line with the front of the cabin going north by 18 ft. and 34 ft. to the back of the existing cabin. \JC^ r I <1 A e ^C < ^ ^ S'*) I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. 7^ 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)scai;::eo Date Of Hearing (^0/0 <p0/O Time Jb /V/) ^ P: Motion Kenneth and Virginia Schmidt - Denied. (8:16 p.m.) September 2, 2010 Meeting - After consideration and discussion, Randali Mann made a motion, second by Steve Schierer and carried with Robert Schwartz voting no to deny the variance as requested as no adequate hardship/practicai difficuity had been shown that wouid aiiow for the granting of the variance to expand an existing non compiying structure within the shore impact zone and only 17' from the ordinary high water level. It was noted that this is a substandard lot of record, which already has two structures within the shore impact zone. The applicants have a reasonable use of this property with their existing use. At the conclusion of the meeting, the applicant asked to address the Board of Adjustment. The applicant indicated that he would like his request tabled to consider other alternatives and/or changes to his request that the board might tine more acceptable. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to reconsider the prior motion to deny and to grant the applicants’ request to have the hearing tabled until the next meeting of the Board of Adjustment. October 7, 2010 meeting - Kenneth Schmidt appear before the Board of Adjustment to present impervious surface area that he is willing to remove in exchange for approval of the variance application that was presented at the September 2, 2010 meeting. After discussion and consideration, Michael Harris made a motion, second by Thomas Lee to approve remodeling and/or rebuilding in the same footprint as the existing structure with the condition that the remodeled/rebuilt structure can have a height greater than the existing structure and with the condition that the impervious surface area proposed for removal must be removed prior to the issuance of a site permit for the proposed development. Those offering this motion noted that the additional height would not obstruct the view from the adjacent property, that the variance being offer and the impervious surface coverage being removed would not negatively impact the lake and would provide the applicants with an ability to gain some additional space and address safety concerns within the existingglwetnrexThis motion failed with Paul Larson, Randall Mann and Steve Schierer voting no. After additional discussion and consideration, Randall Mann made a motion, seconjl-try^teve Schierer and unanimously carried, tnngrn again rjrny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the grarUin^ the varianpe to expand amsxISBng non cpniplTingstructur^ithin the shore impact zone and only 17' from the ordinary high water level. It was noted that this is a substandard Iqt-w record, whiptr^ready has t^^^tjuaures v^jttlln th^ shore imgpefzone. The applicants have a reasonable use of this property with their existing use. Chairman/Otter Tail County Board of^justment 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 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota October 7, 2010 Page # 4 Mike and Mona Johnson - Approve the variance request for the dwelling and denied the variance request for the garage. (8:05 p.m.) Mike and Mona Johnson, Lots 10 and 11 Meyers Second Addition, West McDonald Lake in Dora Township, requested the following: 1.) Requesting a 23’ variance from ordinary high water level - being IT from ordinary high water level. Required setback is 100’. Proposed dwelling will be behind the building line. 2.) Request a 26’ variance from top of a narrow bluff - being 4’ from top of bluff. Required setback is 30’. Proposed garage is to be abutted to toe of bluff. A representative from Moore Engineering, Inc. appeared with 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 Steve Schierer and unanimously carried, to approve a variance of 23' from the required ordinary high water level setback of 100’ for the placement of a dwelling IT from the ordinary high water level and to deny the variance as requested from the top of the bluff for the proposed garage. It should be noted that the drawing as submitted with the variance application indicates that the proposed dwelling will be placed behind the building/site line. It was also noted that granting the variance as requested from the top of the bluff would establish precedence, which the Board of Adjustment does not want to do. ^neth and Virginia Schmidt - Denied. (8:16 p.m.) Kenneth and Virginia Schmidt, Lot 8 Sunnyside and part of Government Lot 3, Section 1 of Nidaros Township by East Battle Lake, requested a variance of 83’ from the required ordinary high water level setback of 100’ for the replacement of the existing porch and for the enlargement of the cabin located 17’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. September 2, 2010 Meeting - After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Robert Schwartz 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 to expand an existing non complying structure within the shore impact zone and only 17’ from the ordinary high water level. It was noted that this is a substandard lot of record, which already has two structures within the shore impact zone. The applicants have a reasonable use of this property with their existing use. At the conclusion of the meeting, the applicant asked to address the Board of Adjustment. The applicant indicated that he would like his request tabled to consider other alternatives and/or changes to his request that the board might fine more acceptable. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to reconsider the prior motion to deny and to grant the applicants' request to have the hearing tabled until the next meeting of the Board of Adjustment. October 7, 2010 meeting - Kenneth Schmidt appear before the Board of Adjustment to present impervious surface area that he is willing to remove in exchange for approval of the variance application that was presented at the September 2, 2010 meeting. After discussion and consideration, Michael Harris made a motion, second by Thomas Lee to approve remodeling and/or rebuilding in the same footprint as the existing structure with the condition that the remodeled/rebuilt structure can have a height greater than the existing structure and with the condition that the impervious surface area proposed for removal must be removed prior to the issuance of a site permit for the proposed development. Those offering this motion noted that the additional height would not obstruct the view from the adjacent property, that the variance being offer and the impervious surface coverage being removed would not negatively impact the lake and would provide the applicants with an ability to gain some additional space and address safety concerns within the existing structure. This motion failed with Paul Larson, Randall Mann and Steve Schierer voting no. After additional discussion and consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to once again deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance to expand an existing non complying structure within the shore impact zone and only 17’ from the ordinary high water level. It was noted that this is a substandard lot of record, which already has two structures within the shore impact zone. The applicants have a reasonable use of this property with their existing use. September 2, 2010 Page # 2 Dean and Mary Schumacher-Approved the variance application as requested. (6:52 p.m.) Dean and Mary Schumacher, part of Lot 6 and all of Lot 7 Dursch’s Silver Bay, Silver Lake in Everts Township, requested the following: Replace existing attached single car garage, angled house area and shed with 28' by 20' attached garage. Existing garage is 8' from lot line; desire to keep same footprint - request 2' variance. Total impervious surface coverage will be 29%, compared to existing 41% - request 4% variance. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, seconded by Steve Schierer and unanimously carried, to approve the variance as requested in the application dated July 30, 2010 and as depicted on the drawing submitted with the variance application. The proposed development is a significant improvement over the existing development. The development as proposed will reduce the amount of impervious surface coverage from 41% to 29%. Douglas H. and Jeanette A Anderson - Denied. (6:55 p.m.) Douglas H and Jeanette A Anderson, part of the West Half of the Northwest Quarter, Section 35 of Leaf Lake Township by Willow Creek, requested the following: I am proposing to construct a 32’ by 26’ detached garage. The detached garage will be a 2 story. The roof line will be 22’ in height. The required height requirement is 20’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Michael Harris 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, the applicants can obtain a reasonable use without the granting of the variance as requested for the additional height, the applicants have adequate area to place a taller structure outside of the shoreland area and the granting of the variance as requested would establish precedence. John and Joyce Cordes - Approved the variance application with conditions (7:04 p.m.) John and Joyce Cordes, part of Government Lot 2, Section 21 of Leaf Lake Township by West Leaf Lake, requested the following: to extent new addition and septic tank 15’ into 30’ bluff impact zone. Brian Brogard, Contractor appeared with 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, Thomas Lee made a motion, seconded by Robert Schwartz to approve the variance as requested. After additional discussion this motion was withdrawn. Randall Mann then offered a motion to table this hearing to allow the applicants an opportunity to consider other plans. This motion was also withdrawn as the applicants indicted that they needed a decision at this public hearing so that they could move forward with the project. After additional consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried to approve the propose single story addition and the proposed garage addition with the condition that the addition on the westerly and southerly side of the existing structure must be at least 22’ from the top of the bluff and with the condition that the easterly side of the addition must be at least 25’ from the top of the bluff as depicted on the drawing submitted with the variance application. It should be noted that the variance as approved does grant the applicants the ability to properly tie the roofline of the new addition into the roofline of the existing structure. The variance as approved will provide the applicant with the ability to obtain a reasonable use of their property. Kenneth and Virginia Schmidt - Denied. (7:30 p.m.) Denial reconsidered, then tabled. Kenneth and Virginia Schmidt, Lot 8 Sunnyside and part of Government Lot 3, Section 1 of Nidaros Township by East Battle Lake, requested a variance of 83’ from the required ordinary high water level setback of 100' for the replacement of the existing porch and for the enlargement of the cabin located 17’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Robert Schwartz 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 to expand an existing non complying structure within the shore impact zone and only 17’ from the ordinary high water level. It was noted that this is a substandard lot of record, which already has two structures within the shore impact zone. The applicants have a reasonable use of this property with their existing use. At the conclusion of the meeting, the applicant asked to address the Board of Adjustment. The applicant indicated that he would like his request tabled to consider other alternatives and/or changes to his request that the board might fine more acceptable. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to reconsider the prior motion to deny and to grant the applicants’ request to have the hearing tabled until the next meeting of the Board of Adjustment. IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Structure(s):\70 Ft2 Deck(s):Ft2 Driveway(s):1 Ft2 Patio(s):Ft2 Sidewalk(s):7^1 Ft2 Stairway(s):Ft2 Retaining Wall(s):Ft2 Landscaping:V2 6 Ft2 (Pjastic/Barrier) Other;Ft2 TOTAL IMPERVIOUS SURFACE: 7 LOT AREA: ! h %Y 7 ____Ft2 ____ Ft2 TOTAL IMPERVIOUS SURFACE X100 = LOT AREA IMPERVIOUS SURFACE RATIO % Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW 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: Kenneth and Virginia Schmidt 618 Fremont St. Anoka, MN 55303 has 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, September 2, 2010 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 speciai 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 8 Sunnyside and part of Government Lot 3, Property Address - 21863 457"’ Ave Section 1, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - a variance of 83’ from the required ordinary high water level setback of 100’ for the replacement of the existing deck and for the enlargement of the cabin located 17’ from the ordinary high water level. Date: August 13, 2010 ‘Wayne 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 13*^, day of August 2010 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Kenneth and Virginia Schmidt - 618 Fremont St., Anoka, MN 55303 Debra Biederman, Nidaros Township Clerk - 40578 Cliff Road, Clitherall, MN 56524 East Battle Lake Association, Allen Koep - 24426 Liberty Dr, Henning, MN 56551 Otter Tail County Cola, C/0 John Matteson - 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer - 505 S. Court St., Suite #1, Fergus Falls, MN 56537 Department of Natural Resources - 1509 1®' Ave N., Fergus Falls, MN 56537 DNR Regional Administrator-2115 Birchmont Beach Road NE, Bemidji, MN 56601 Board of Adjustment: Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672 Paul R. Larson -21283 County Highway 65, Henning, MN 56551-9573 Thomas (Tom) Lee - 15600 County Highway 118, Elizabeth, MN 56533-9559 Randall Mann - 532 N Ann St., Fergus Falls, MN 56537 Richard S. Schierer - 32117 260'^' Ave, Erhard, MN 56534 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: August 13, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud RONALD A & CAROL J BOMSTAD 490 85TH ST NW RICEMN 56367 8643 DOUGLAS B & & CAROL R CRICE 12996 SOMERSET DR GRASS VALLEY CA 95945 9727 EGGLESTON TST 20493 HARLOW AVE JORDAN MN 55352 9600 CRAIG & PEGGY FREDERICK 21929 457TH AVE VINING MN 56588 9550 ROBERT T HERBRANSON 46633 STATE HIGHWAY 210 VINING MN 56588 9558 WAYNE P & ANNE F HILCHEN 22015 TEPEE CIR VINING MN 56588 9551 JENNIFER E HILTON 15260 AQUILAAVE SAVAGE MN 55378 2357 LEWIS TST 313 15TH ST E TEMPEAZ 85281 6611 ARTHUR C NILSSON 1047 HOWELL ST S SAINT PAUL MN 55116 2501 KENNETH A & PHYLLIS NYBERG 22019 TEPEE CIR VINING MN 56588 9551 CLIFFORD NYHUS 21891 457TH AVE VINING MN 56588 9550 CHARLES OLSON 21955 457TH AVE VINING MN 56588 9550 MARK W OLSON 23219 CHIPPEWA RD VINING MN 56588 9598 RABAEY TST 2748 STATE HIGHWAY 68 TAUNTON MN 56291 3024 SAETRE TST 21887 457TH AVE VINING MN 56588 9550 CHARLOTTE SCHLOEDER PO BOX 94 VINING MN 56588 0094 KENNETH P & VIRGINIA SCHMIDT 618 FREMONT ST ANOKA MN 55303 1949 WAYNE SCHWARTZ 21554 457TH AVE VINING MN 56588 9550 ROBERT & LORRAINE UNDERHILL 23182 STATE HIGHWAY 78 BATTLE LAKE MN 56515 9650 GREG D WALKER 3001 PHEASANT RIDGE RD LINCOLN NE 68532 9213