The URL can be used to link to this page

Home My WebLink About41000990318000_Variances_06-12-2014Variances Barcode 128 IIDOC# 1144872 1144872 Fee; $46.00 Well Certificate [ ] Piec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp Certified, Filed, and/or Recorded: June 17, 2014 10:00 AM Brian Armstrong, RecorderRECEIVED MAY 2 0 20H LANDS RESOURCE Returned To: LAND & RESOURCE By: NDB L&R Initial Olc'i'l- lA 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 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ‘I PROPERTY OWNER CjC}!X)\ CT\CQ^____ __________DAYTIME PHONE 9)9; CIOMA,L,NGADDRESS,<^<,Ol^^;|g|j^tVV^E^^ (...OmSS VCl\.V^ LAKE NUMBER 9( (/ ' i 99 LAKE NAME } JkY\<P j CP\ LAKE CLASS iRP) TOWNSHIP I RANGE 3^ TOWNSHIP NAME ^ 1 \ f\/A _________ Ari9rm Rrl 01SECTION PARCEL NUMBER E-911 ADDRESSLI lYt) \Xoin-C^ liC Sv \ , Ci» 0^4 l7-5> HUl LEGAL DESCRIPTION 1_dV Z 'lYA\r'd Mdi-VoO -Vo 5LK^^^^6\cVJO TYPE OF VARIANCE REQUESTED (Please Check) 2^Structure Setback Structure Size Sewage System Subdivision WECSCluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. QSt O. utxYlCLOCe k) oor XV 'iSVx deLX. -fm Cvp/nsm \jood\& poK Z>v Pom OHUjL, cSQOi 'b x q’ pupceed jVfcrvbicA u^JuAld^ b€ oa 10’ X M', €ypc{>6i0^ LUOaid MOT ir^cka^ 4\n/ i^^rv^pCVitJub SOrPoO^ oS iV lAJOiUd \)i iDUilT' (XHf Jl'/isVinA C.cf'C^T^,, POr-VoeriOLoO^ ^ iP w^\ OoP 06 4t>uoor6^ \oxL as -W cu)fw\P 6h:urL0a>i or Sn^d' do. OtcsPcP Vi^ \GP arid \JCtsV o/iCuO^Tm cP ^ i/Y^p^iOvs Si>Pdi^ <3rcu'^ hV) suJ^vop or tbOUbVl sidjt aAil ddio 200 Ufe oP (CCuH-oaIs \jJrOr OK. os^ fo Cl^oA i(Yv(^f'»Pi-^S. iP arooW-d V u)^ uuJoid be ou.\\''^34o IQ'/-. fib ' r App, uj^ cot 6c>'^(9r/Vd a\LT'JP9n£ cPscciTpc mmiu) c\o.cK. r.W 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 PrS^RTY owner / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARiril (Applicant Will Receive Notification As To The Date/Time Of Hearing) DATE SCANNED ?4?i 194 • Victor Liindepn Co Printers • Fergus Falls Minnesota '^. SoDate Of Hearing lA TimeAJU'flS Motion Douglas and Carol Crice - Variance application approved as requested with a condition. (7:30 p.m.) After discussion and consideration, David Wass made a motion, second by Michael Harris and unanimously carried, to approve the variance as described in the variance application dated May 19, 2014 and as depicted on the drawing submitted with the application with the condition that applicants must reduce their impervious surface coverage by 10% as stated they would do if the variance request was granted. It was noted that a 10% reduction in impervious surface coverage is a good trade for the variance granted. The variance as approved will have no negative impact on this property or the immediate neighborhood. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)y No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 , ^ Jun^ 12,2014 Page # 2 Daniel and Tonya Zierden • Tabled (6:42 p.m.) - Continued The audience was polled with Bruce and Lois Wenger seeking information regarding the proposed project, with Randy Wasvick expressing concerns with the requested setback variances and with Mary Worner speaking in opposition to the variances as requested. After discussion and consideration, Thomas Lee made a motion, second by Michael Harris and unanimously carried, to table this hearing per the applicants’ request until the next scheduled meeting to allow the applicants an opportunity to reconsider their proposed setbacks. The applicants were asked to consider the possibility of moving the proposed development further back from the ordinary high water level. Eugene Klinnert and G Marcy - Variance application approved as requested. (7:04 p.m.) Eugene Klinnert and G Marcy, Lot 5 Block 1 Y & M Properties, Lake Ida in Candor Township, requested a variance of 60’ from the required ordinary high water level setback of 200’ for the placement of a dwelling and deck 140’ from the ordinary high water level. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Ward Uggerud made a motion, second by David Wass and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 200’ for the placement of a dwelling and deck 140’ from the ordinary high water level as described in the variance application dated May 2, 2014 and as depicted on the drawing submitted with the application. Eugene Klinnert was present for the public hearing. The hardship/practical difficulty is a substandard lot which prohibits the ability to meet the required 200’ setback. The variance as approved does not obstruct the view from the adjacent properties. Glen C and Heidi L Deeton - Variance application approved with conditions. (7:08 p.m.) Glen C and Heidi L. Deeton, part of Lot 2, Pelican Lake Park First Addition, Pelican Lake in Dunn Township, requested the following; Deck is approximately 60’ from water line, would like to replace 10’ by 14’ deck and add approximately 160 square feet to the side of deck, no closer to the lake than the existing deck, structure setback is 75’. Proposed impervious is 32%, maximum allowance is 25%. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by David Wass and unanimously carried, to approve the replacement of an existing 10’ by 14’ deck and the addition of 160 square feet of deck to the side as depicted on the drawing submitted with the variance application with the condition that the proposed additional 160 square feet of deck can be placed no closer to the ordinary high water level than the existing deck and with the condition that before a permit can be issued for the 160 square feet of additional deck the applicants must reduce their current level of impervious surface coverage to a level that will result in no more than 25% of the total eligible lot area being covered with impervious surfaces after the completion of the proposed development. Gary M and Anne L Scheidecker-Variance application approved as requested with a condition. (7:18 p.m.) Gary M and Anne L Scheidecker ET AL, part of Government Lot 5, Section 28 of Friberg Township by West Red River, requested the following: Requesting variances to build a 40’ by 60’ garage on land adjacent to our home. Garage would have 98’ setback from ordinary high water level and a 5’ setback from a deeded easement Woodland Trail. This 5' setback would only apply to about 10-20’ of the 60’ garage on the southeast corner. The trail is a mud track used sporadically in summer/fall by maximum of 4 others lot owners. Site was chosen to utilize highest level ground (next to our home) with the least amount of grade/fill needed and least interruption of natural spring drainage. Variance of 102’ from the required ordinary high water level setback of 200’ and a variance of 15’ from the required easement road right-of-way setback of 20’. This is vacant lot with no sewer or water. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variances as requested in the variance application dated May 19, 2014 and as depicted on the drawing dated May 19, 2014 with the condition that the applicants must physically located the deeded easement for the purpose of determining the setback as stated in the application. Douglas and Carol Crice - Variance application approved as requested with a condition. (7:30 p.m.) Douglas and Carol Crice, Lot 2 Third Addition to Sunnyside, East Battle Lake in Nidaros Township, requested the following: We are requesting a variance to expand our existing deck. The proposed expansion would put the deck 26’ from the ordinary high water level. Currently the deck is 14’ by 4’ and the proposed expansion would be an additional 10’ by 4’. The expansion would not increase the imperious surface as it would be built entirely over existing concrete.SCANHED Juffe 12,2014 Page # 3 Douglas and Carol Crice - Variance application approved as requested with a condition. (7:30 p.m.) - Continued Furthermore, it will not extend as far towards the lake as the current stairway or shed do. Most of the lot and the vast majority of the impervious surface drains into the swamp on the south side and then through 200 yards of cattails which are often used to clean impurities. If granted, we would be willing to decrease our existing impervious surface by 10%. As we advance in age, we are concerned about the safety of such a narrow deck. Chris Svingen, Attorney, represented the applicants at the public hearing. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, David Wass made a motion, second by Michael Harris and unanimously carried, to approve the variance as described in the variance application dated May 19, 2014 and as depicted on the drawing submitted with the application with the condition that applicants must reduce their impervious surface coverage by 10% as stated they would do if the variance request was granted. It was noted that a 10% reduction in impervious surface coverage is a good trade for the variance granted. The variance as approved will have no negative impact on this property or the immediate neighborhood. Break - Approximately five minutes. Rick and Carolyn DeFries - Variance application approved as requested. (7:41 p.m.) Rick and Carolyn DeFries, Lots 18 and 19, Biases Beach, Otter Tail Lake in Otter Tail Township, requested the following: add a second story on existing house, which is now 55’ from water, setback is 75; so I request a 20’ variance from high water. No change on impervious with second floor. Darold Woessner, Contractor appeared with the applicants at the public hearing. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve a variance of 20’ from the required ordinary high level setback of 75’ for the addition of a second story 55’ from the ordinary high water level. The overall footprint of the existing structure will not change. The proposed development will not obstruct the view from neighboring properties and the variance as approved is consistent with past decision of the board. Pro’s Properties LLC and Paulette Jimenez - Tabied (7:45 p.m.) Pro’s Properties LLC and Paulette Jimenez, part of Government Lot 9, Section 25 of Dead Lake Township by Dead Lake, requested the following: Northern Lights Resort is considering purchasing a 6.3 acre tract southerly of and adjoining the existing resort. We would like to eventually place 15 seasonal campsites with 15 boat slips in the 6.3 acre tract (a phase development) and operate those campsites as part of our resort. We have obtained a conditional use permit recommendation for approval at the May 14, 2014 Planning Commission meeting and final conditional use permit approval from the Otter Tail County Commissioners at their May 20‘^, 2014 meeting for 13 seasonal campsites with 12 boat slips as shown on the Certificate of Survey. We are asking the Board of Adjustment to grant the following; We are requesting a variance from the 30 foot bluff setback (the closet point of the existing trail lies 3 feet from the bluff) in order to continue to use the existing trail running along the north side of and providing access to 8 of the proposed seasonal campsites. This will eliminate having to construct a new access road. The existing trail lies within the original dedicated public road corridor laid out in the plat of DeSchane Beach. We are requesting a variance from the 30 foot bluff setback for a small portion of 4 of the proposed seasonal campsites (the closet point lying 20 feet from the bluff). There will be no pad, RV or structures within the 30 foot bluff setback. We are requesting a variance from the 50 foot buffer (the closet point of the existing trail lies 5 feet from the property line) for those portions of the existing walking trail lying within the 50 foot buffer along the northwesterly part of the 6.3 acre tract which provide walking access to the lake. This will eliminate having to construct a new walking trail. We are requesting a variance from the Tier 1 density calculation across the 6.3 acre tract for 2 of the 4 seasonal campsites. We are requesting a variance from the Tier 2 density calculation across the 6.3 acre tract for 10 of the 11 seasonal campsites. We are requesting a variance from the number of boat slips allowed by Tier 1 density calculations across the 6.3 acre tract for 13 of the 15 boat slips. 1. 2. 3. 4. 5. 6. We would also like to note the total impervious surface for this tract of land will be less than 1 SCANNED 4 *l %* ? 1'^.1 ■.. ,t«E ''\- SCALE DRAWING- FORM -OOV -^og,rTax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), ali existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. / /o'HI 5 %’Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) Shed Concrete ‘8’5”x10'5” ^ Dafe 338.696 -• Vtcioir Lundean Co, Printers • ferqus Falls. MN • 1-800-346-4870 ' IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Slw}Lot Area (ft^):Date:Signature: \ Other Impervious SurfaceBuildings Existing ProposedExisting Proposed o'Jer Ft^Ft^Ft TI \ [(PMUoDeck(s)Dwelling I Ur?1L13£. usoAttached Garage Patio(s)m MA Sidewalk(s)a3H,;j£Detached Garage I Qti NALanding(s)Storage Shed \M \Q>'hNDriveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous TOTAL OTHERTOTAL BUILDINGS ■::? Buildings Impervious Surface Percentage Maximum Allowable 20% Total Lot Area Impervious Surface Ratio Existing Proposed fA fA FATotal Buildings Ft £15,S'/l3iglo.79 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% CO Total Lot Area Impervious Surface Ratio Total Buildings + Other Impervious Surface Existing Proposedc->fA Ft^ Ft^Ft 0 M ?, 5'/,B5^7,5mo^i.qh 100+T-X Impervious Surface Calculation Worksheet 03-25-2014 Notice of Hearing for Variance m 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.us OTTfR vm Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Douglas and Carol Crice C/0 Jeremy Crice 19901 Nidaros Church Road Clitherall, MN 56524 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, June 12, 2014 at 6:30 p.m.J 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 Third Addition to Sunnyside, Property Address - 45649 Arizona Road Section 1, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - the following: We are requesting a variance to expand our existing deck. The proposed expansion would put the deck 26’ from the ordinary high water level. Currently the deck is 14’ by 4’ and the proposed expansion would be an additional 10’ by 4’. The expansion would not increase the imperious surface as it would be built entirely over existing concrete. Furthermore, it will not extend as far towards the lake as the current stairway or shed do. Most of the lot and the vast majority of the impervious surface drains into the swamp on the south side and then through 200 yards of cattails which are often used to clean impurities. If granted, we would be willing to decrease our existing impervious surface by 10%. As we advance in age, we are concerned about the safety of such a narrow deck. "H^ayne Stein Board of Adjustment Secretary Date: May 23, 2014 \ , 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 May, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Douglas B & Carol R Crice, % Jeremy Crice, 19901 Nidaros Church Rd, Clitherall, MN 56524 Carol Jacobson, Deputy Clerk of Nidaros, 24893 Palace Road, Battle lake, MN 56515 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 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 David Wass, 29133 260*'^ St, Underwood, MN 56586 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: May 27, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud $00 V, DOUGLAS B & & CAROL R CRICE C/0 Jeremy Crice 19901 Nidaros Church Rd Clitherall, MN 56524 PATRICIA ANDERSON TST 45541 ELECTRIC DR VINING, MN 56588 9594 BUZZELL TSTS 2663 BRAEBURN LN SW ROCHESTER, MN 55902 3495 KENNETH HERBRANSON ETAL 17544 440TH AVE CLITHERALL, MN 56524 9538 LEWIS TST 313 15TH ST E TEMPE, AZ 85281 6611 RITAAELLENSON ETAL 805 INMAN ST APT 103 HENNING, MN 565514100 NYBERG TST ATTN KENNETH & PHYLLIS NYBERG 22019 TEPEE CIR VINING, MN 56588 9551 ARTHUR C & MARY C NILSSON 1047 HOWELL ST S SAINT PAUL, MN 55116 2501 TIMOTHY P & PATRICIA MONTAGUE 31677 BROADMOOR DR EVERGREEN, CO 80439 8956 ■ RABAEYTST 2748 STATE HIGHWAY 68 TAUNTON, MN 56291 3024 JAMES M REINEKE ETAL 21448 SIDEWINDER RD HENNING, MN 565519576 MARK W & JOYCE L OLSON 23219 CHIPPEWA RD VINING, MN 56588 9598 KENNETH P & VIRGINIA SCHMIDT 618 FREMONT ST ANOKA, MN 55303 1949 CHARLOTTE SCHLOEDER 1220 6TH ST SW WADENA, MN 56482 2363 SAETRE TST 21887 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 WAYNE SCHWARTZ 21554 457TH AVE VINING, MN 56588 9550 DONALD 0& JILL WIEK 45553 ELECTRIC DR VINING, MN 56588 9594 Svingen, Cline & Larson 125 S Mill Fergus Falls, MN 56537 SCH