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Home My WebLink About41000990318000_Variances_09-02-2010Variances Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was filed/recorded ^ this office for record on the 1080441f i 3_j------day of > 2010 at ^ l^(am/bm rfcilordin^f^e " weii certificaj^ We tk«~ 0^- ox-loTHE 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 ^400 °°Application Fee Receipt Number ^ Accepted By / Date | lO~-lO COMPLETE THIS APPLICATION IN BLACK INK SJlNlNC^. MN ^£sr0& 1^5 ^ (2gu.\rc>[DAYTIME PHONE ^A/Tirz /2yy^5^/v€hr£T^.Drj cgfetjr C/t- fijyys- LAKE CLASS PROPERTY OWNER MAILING ADDRESS LAKE NUMBER S~£.-13 ^ LAKE NAME B’^rTce'RO SECTION Ol TOWNSHIP L?RANGE TOWNSHIP NAME /V PARCEL NUMBER E-911 ADDRESSV/ 9^ 0^1/^ OOP LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size____Sewage System Misc. YvSubdivisionCluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. &Jeudci^eM. 4^/oik&, , ^ u^ili fioir \rk2.ireoi^^ ::^^irTAjc^ \rd27t~1O ^ jpuifd'c^f\,cz lr-e.t^ 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. 9^ DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) k 7' gf- /CJDate Of Hearing Time Motion Douglas and Carol Crice - Denied. (7:55 p.m.) 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, other options which do not advance the structure towards the lake should be considered, the current impervious surface coverage is slightly more than twice the allowable amount and efforts should be made to reduce the overall amount of impervious surfaces before consideration is given to new development. Chairman/OtterTail CountyBoard of ^dfustment 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 L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota , September 2, 2010 Page # 3 Clarmont Ulven - Denied (7:50 p.m. and 8:45 p.m.) Clarmont Ulven, part of Lots B, C, 17 and 18, Shirley Beach, Otter Tail Lake in Amor Township, requested a variance . of 3’ from the required side lot line setback of 10’ for the placement of a 28' by 60’ structure 7’ from each side lot line. The audience was polled with Bob Bussman expressing concerns with the impact (drainage) of the proposed development on his property. A letter from Charles and Barbara Keeler in support of the variance as requested was noted for the record. After a brief review and discussion, the applicant’s hearing was tabled until later in the evening to provide an opportunity for the Land and Resource representative to secure the file of an adjacent property, for the purpose of reviewing a previously granted variance. The file was reviewed and the information contained within was . considered. After additional discussion and consideration, 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 and the applicant as the ability to construct a 22’ wide storage building without the granting of the requested variance, which would provide the applicant with a reasonable use of his property. Do|^ ®^ouglas and Carol Crice, Lot 2 Third Addition to Sunnyside, East Battle Lake in Nidaros Township, requested the following: Expand elevated deck by 4’ toward lake. Requesting a variance of 74’ from ordinary high water level. Will not increase impervious surface ratio, built over existing concrete. 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, other options which do not advance the structure towards the lake should be considered, the current impervious surface coverage is slightly more than twice the allowable amount and efforts should be made to reduce the overall amount of impervious surfaces before consideration is given to new development. as and Carol Crice - Denied. (7:55 p.m.) Mark and Barbara Malmberg - Approved the variance application with conditions. (8:08 p.m.) Mark and Barbara Malmberg, Lot 70 Provan Beach, Pelican Lake in Dunn Township, requested a variance of 3T from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level. The audience was polled with Mark Ottis speaking for the variance as requested. After consideration and discussion, Michael Harris made a motion to deny the variance as requested. This motion died for lack of a second. After additional discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and carried with Michael Harris voting no, to approve a variance of 3T from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level as depicted on the drawing submitted with the variance application with the condition that before a permit can be issued for the proposed development the applicants must remove the 18’ by 20’ 2” concrete slab and must place the two existing sheds in a location which is between the dwelling and the road, at least 10’ from the side lot lines, at least 20’ from the road right-of-way and at least 10’ from the holding tank. It should be noted that the applicants offered to remove the concrete slab and to relocate the two existing sheds. Mary Hultgren - Tabled. (8:22 p.m.) Mary Hultgren, Lot 3 Sunlight Hills, Pelican Lake in Dunn Township, requested the following; proposing to replace the existing 48’ by 22’ detached garage with a 48’ by 40’ “L" shaped detached garage. The proposed structure will be approximately 2’ from the north lot line and approximately 2’ from the west lot line. We are requesting a variance of 8’. The required setback is 10’ from the lot line. Also requesting a variance to be 0’ from the sewer pumping station. The required setback is 10’. The audience was polled with no one speaking for or against the variance as requested. A letter from Tim Dahiberg and Gretchen Lychuk in general support of the requested variance was read for the record. After consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other possible development plans that would not require a variance from the sewer pumping station and that would create greater separation from the side lot line (scaled down plan). Sunnyside Beach is a legacy development on East Battle Lake with cabins close together and near the lake. Carol (Christopherson)took swimming lessons here 60 years ago when she grew up in Vining The existing deck is quite narrow, with just enough room for one or two people. We would like to expand it enough to visit with our friends and neighbors. Expanding the deck will not change the look appreciably or move structures closer to the lake than the existing shed or the stairs. It will not increase the impervious area, since the expansion will be over existing concrete. ;i SCALE DRAWING FORM ; Hi -OOP -99-0.^ IB -^oZ> Tax Parcel Number(s) 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, topographic features (i.e. bluffs), and onsite impervious surface calculations. /"= /o'IS-/%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) A 7 Proposed Expansion rass 10'X 4' (/]/Shed 8’5”x10’5” CO CO Concrete E levated De:k14'x4’7 V Cabin 34’6”x26’6” + 10’x8’5” Wing Deck Concrete Garage 22’4”x 12’6” -“signature of Property Owner 338.596 • Victor Lundeen Co. Primers • . Fergus f|alls. MN • 1-8OO-346-407O • IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces fmust be shown on scale drawing): /3B-7Structure(s): ^ Ft2 {oec v-s ^ ^e.Deck(s); Driveway(s): HTS' Ft2Patio(s): 2.33 Ft2Sidewalk(s): ■0-Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 3fZ3 Ft2TOTAL IMPERVIOUS SURFACE: '717S'Ft2LOT AREA: 5~/%X 100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE rf- i 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; Douglas and Carol Crice - General Delivery, Vining, MN 56588 Debra Biederman, Nidaros Township'Clerk, - 40578 Cliff Road, Clitherall, MN 56524 East Battle Lake Associaiton. C/0 Allen Keep-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 attachmenti Dated: August 13, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud r I PATRICIA L AT'JDERSON 45541 ELECTRIC DR VINING MN 56588 RONALD A & CAROL J BOMSTAD 490 85THSTNW RICE MN 56367 8643 BUZZELL TSTS 2663 BRAEBURN LN SW ROCHESTER MN 55902 3495 I DOUGLAS B & & CAROL R CRICE 12996 SOMERSET DR GRASS VALLEY CA 95945 9727 RITA A ELLENSON ET AL 604 ELLENSON DR HENNING MN 56551 4206 ROBERT T HERBRANSON 46633 STATE HIGHWAY 210 VINING MN 56588 9558 KENNETH A & PHYLLIS NYBERG 22019 TEPEE CIR VINING MN 56588 9551 LEWIS TST 313 15TH STE Te'mPEAZ 85281 6611 JENNIFER E HILTON 15260 AQUILAAVE SAVAGE MN 55378 2357 mark W OLSON 23219 CHIPPEWA RD VINING MN 56588 9598 RABAEY TST 2748 STATE HIGHWAY 68 TAUNTON MN 56291 3024 CLIFFORD NYHUS 21891 457TH AVE VINING MN 56588 9550 CHARLOTTE SCHLOEDER KENNETH P & VIRGINIA SCHMIDT 618 FREMONT ST ANOKA MN 55303 1949 SAETRE TST 21887 457TH AVE VINING MN 56588 9550 POBOX94 VINING MN 56588 0094 GREG D WALKER 3001 PHEASANT RIDGE RD LINCOLN NE 68532 9213 ROBERTS LORRAINE UNDERHILL 23182 STATE HIGHWAY 78 BATTLE LAKE MN 56515 9650 WAYNE SCHWARTZ 21554 457TH AVE VINING MN 56588 9550 DONALD O & JILL WIEK 45553 ELECTRIC DR VINING MN 56588 9594 1 "w *' Notice of Hearing for Variance ' Otter Tail County iGovernment Services Center SIOFirAveW 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: Douglas and Carol Crice General Delivery Vining, MN 56588 ' 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 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 Sunnyside Third Addition, Property Address- 45649 Arizona Road■ Section 1, Townshjp 132, Range 39 - Township Name r Nidaros Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - the following: Expand elevated deck by 4’ toward lake'. Requesting avariance of 74’ from ordinary high water level. Will not increase impervious surface ratio, built over existing concrete. Date: August 13, 2010 W(^ne Stein Board of Adjustment Secretary i