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Home My WebLink About41000990442000_Variances_07-02-2009Variances Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA1059923 1 hereby certify that this instrument #_ was filed/recorded in this office tor reoprd c, the_a— ^ certifica^^ 2009 at 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 rfumw Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ^^//// //e R. _____ *7'? 7 7 S PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 4/jfLAKE NUMBER LAKE NAME LAKE CLASS 3 9Cty TOWNSHIP NAME A//S3/SECTION TOWNSHIP RANGE if PARCEL NUMBER E-911 ADDRESS0^0 LEGAL DESCRIPTION / iC/T ^Jh£ ^ secuA/^y ^^9o3S'9 TYPE OF VARIANCE REQUESTED (Please Check) ^ structure SizeStructure Setback Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS A/,.Ms,A r T^,s >u<// Sfr^ u/As-f hy 9 A 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 M^AGEMENT REGARi lATTER. ^2 7 / / /^IGNATURE OF^OPERTY OWNER/AGENT FOR OWNER ATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OlOO"^aDate Of Hearing Time+A Motion Melville R. Bois - Approved the variance as requested. (7:20 p.m.) After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested in the variance application dated June 9, 2009 and as depicted on the drawing filed with the application. The proposed deck connects two existing permitted areas of the structure. Hardship/practical difficulty is the unique shape of the applicant’s property. ifman/(5!ter Tail County Board of Adjy^mentC Permit(s) required from Land & Resource Management X 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 ♦ •r f •» f.: f I*- a \I 0 <<OC )ERGROUND GAS tRELL o (O oz3'-0" ^:3'-3 1/4"UP(0 </)X DETAIL OF APPROVED & GRANTED BUILDING PERMIT XUJ lU.1,i a znTZ-= 7^9'6068 II 2468 o \□ /NEW BATH ADDITION /25'-0"EXISTING COVERED DECK < REMOVE EXISTING RAILING >NEW 8' BEDROOM ADDITIONNEW 8* X 29' ADDITION UNDER EXISTING ROOF / 4^j I--t--“1A I ilI48409068;-v EXISTING^ + LANDING Iiosqft t N_-c=-=tLbIEXISTING O.H.ibNEW 5' X 10* WALKWAY 291 sq ft I ifBUILDING SETBACK LINE I \\\\\^\\ \ \ \ \ \ \ \\ \ \ \ \ \ \~\ \ \/REMOVE NEW STAIR ACCESS TO LANDING --------------------20'-9" 41'-6 1/4"EXISTING ACCESS TO DECKREMOVE NEW STAIR ACCESS TO DECK II (!)REMOVE NEW STAIR ACCESS TO 4 a NEW RAILINGz i9'-10"3'-6" LANDING I£20'-9"13'-4" ^^ 2'-6" ^13'-5"<-So I(DZ<S- 3'-0"Z<3'-3 1/4" >29'-3"H ^ UP /cn \/o>X \/X s 50^-0"UJ X ■7" III X /.1 REMOVE PROPOSED PATIO AT GRADE \/7[\/?^9" ----6068 X /X15'-9"/X /a X2468 /X /X+dp /X NEW BATH ADDITION EXISTING COVERED DECK<0 y 1 -LJ.I. <NEW 8' BEDROOM ADDITION I I IJ___L ir-L-J____L_L L_L JLII I I Ii_L I'"A iI I LJ.JNDER I IEXISTING RAILING J.JIE E J___J.J.j-j_2.iT T 7r 1i-DN-I9068 I J.J.i.•I*] [X 4_ZdIN. ^DN43 J-L4- ONL J__L J.II iEXISTING O.H.NEW 10'X 4' LANDING IIBUILDING SETBACK 4 X1IV \I HLINE EXISTING ACCESS TO DECKNEW ACCESS / TO DECK NEW ACCESS TO LANDING NEW ACCESS TO DECK ^ 3'-6" ^20'-9"9'-10" 20'-9"13'-4"< 2-6"13'-5"Ta2■■ zo 29'-3"Ifq .]_[TTn50'-0" Ks941mSvI fNEW PATIO AT GRADE K/I IT TT T T iU I V I I 38'-4 3/4" l-""i—i.X X1_L \-L LJ___1 IJI II I UI II Ii JI__LIi_L I IO 1 JJ___IJ__I iiI I I Iii i iL=LI IULJ=LLJ.I I1 r I I I I I IIIII IIIFTJ_i- IX XJ-IJ-iX X1 X -L EAST ELEVATION 1/4 " = r-0" X X i.X1 Ij__LX j- -LJ, DETAIL OF REQUESTED VARIANCE i t n II ;:::C flXa x;;'I IJ ]IIIII s:I xK X? Xx^T XiXrIIEJ nTTI 5/09 - REVISED 05/21/09 & 6/04/09 BOIS, MEL VARIANCE DETAIL Bevins' Sign & DesignIIIIIII1 r SHEETIIII 6Lenore I. Bevins - Owner 216 Central Avenue South Elbow Lake, MN 56531 Fax: 218-685-4714218-685-4909 OF 6e-mail: bevins@runestone.net I 4 f July 2, 2009 Page # 2 Loon Lake Resort - Approved the variance as modified and with conditions. (6:35 p.m.) Loon Lake Resort, Lot 9 Loon Mere Estates and part of Government Lots 3, 4, 5 and the North Half of the Northwest Quarter, Section 35 of Candor Township by Loon Lake, requested the following; The old house is 20’ from the lake. 1. ) We would like to put a new house there because of the topography of the property we need an 80’ variance there. 2. ) The setback on the north side is only 25’ from the property line we will need 25’ variance there. 3.) On the west side (away from the lake) we would like to put a walkout basement. So our customers have access to the storm shelter, office, laundry. Also the garage will be at that level to avoid a lot of fill. Mike Conlon, Hilltop Homes appeared with the applicant. The audience was polled with Amanda Gronhovd, Sandy Gronhovd, and Neil Strawhorn addressing various questions to the Board regarding the requirements of the County ordinance. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ and a variance of 25’ from the required north side lot line setback of 50’ for the construction of a new dwelling no closer to the ordinary high water level than 50’ and at least 25’ from the side lot line with the condition that the old garage must be removed by the time the new building is completed and with the condition that the two cabins identified for removal in the materials submitted with the application must be removed. It was noted that the variances as approved will result in an overall improvement to the property and will provide the applicants with a reasonable use of their resort property. Randal Remer-Approved the variance as modified. (7:02 p.m.) Randal Remer, part of the Southeast Quarter of the Northeast Quarter, Section 33 of Otter Tail Township by Sherman Lake, requested a variance of 8T from the required ordinary high water level setback of 200’ for the placement of a new dwelling with deck approximately 119’ from the ordinary high water level and a variance of 42’ from the required ordinary high water level setback of 200’ for the placement of a detached garage 158’ from the ordinary high water level. This lake was reclassified in May of 2009 from a General Development Lake to a Natural Environment Lake. Marvin Monson, Contractor, represented the applicant at the public hearing. The audience was polled with Kevin Nold expressing concern with the lake reclassification process. A letter from Ron Pollard and an email from Kevin Nold in support of the variance as requested were read for the record. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 200’ for the placement of the proposed development (dwelling, deck and garage) no closer to the ordinary high water level than 150’. The variance as approved does not directly or indirectly grant any other variances for the proposed development. It was noted that the variance as approved will provide the applicant with a reasonable use of his property. It was also noted that there is adequate room for the proposed development at the 150’ setback and no adequate hardship/practical difficulty had been shown that would allow for th^ranting of the variance as requested. Melville R. Bois - Approved the variance as requested. (7:20 p.m.) Melville R. Bois, Lot 8 Block 1 Belmont Pointe, Belmont Lake in Nidaros Township, requested the following; I have a permit for an addition to my home. It allows for two sets of steps from porch and from a deck on the north side. I want to replace the steps and add a five foot wrap around deck. This will encroach the 200’ setback by 4’. Setback would be 196’ not the required 200’. The audience was polled with no one speaking for or against the variance as requested. A letter from David and Diane Rust in support of the variance as requested was read for the record. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested in the variance application dated June 9, 2009 and as depicted on the drawing filed with the application. The proposed deck connects two existing permitted areas of the structure. Hardship/practical difficulty is the unique shape of the applicant’s property. Robert W. Adamson - Approved the variance application as requested with a condition. (7:27 p.m.) Robert W. Adamson, Lot 17 White Swan Beach, Swan Lake in Dane Prairie Township, requested a variance of 46’ from the required ordinary high water level setback of 100’ for the replacement of existing non-conforming structure 54’ 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, Steve Schierer made a motion, second by Paul Larson and carried with Michael Harris voting no, to approve a variance of 46’ from the required ordinary high water level setback of 100’ for the replacement of an existing non-conforming structure 54’ from the ordinary high water level with the condition that the proposed structure must meet the required road right-of-way setback of 20’. It was noted that the proposed development is behind the existing home away from the lake. It was also noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. 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. wEce/veo 01 ms To Whom It May Concern: Melville R, Bois 7777 Washington Ave S Edina, MN 55439 FERGUS PALLS, MN 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, July 2, 2009 at 6:00 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 8 Block 1 Belmont Pointe Property Address - 40887 Belmont Pointe Drive Section 31, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-237, Lake Name - Belmont, Class - NE The variance requested is - the following: I have a permit for an addition to my home. It allows for two sets of steps from porch and from a deck on the north side. I want to replace the steps and add a five foot wrap around deck. This will encroach the 200’ setback by 4’. Setback would be 196’ not the required 200’. fphyne Stein Board of Adjustment Secretary Date; June 12, 2009 Lo-V ^ ■fo fVVr.BorS. ijOou\ci Our cOi'.sK i-Ut Ucv^,'ay^Ce_ . 0 u , Notice of Hearing for Variance Otter Taii County Government Services Center 510 Fir AveW Fergus Faiis, 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; Melville R. Bois 7777 Washington Ave S Edina, MN 55439 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, July 2, 2009 at 6:00 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 8 Block 1 Belmont Pointe Property Address - 40887 Belmont Pointe Drive Section 31, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-237, Lake Name - Belmont, Class - NE The variance requested is - the following: I have a permit for an addition to my home. It allows for two sets of steps from porch and from a deck on the north side. I want to replace the steps and add a five foot wrap around deck. This will encroach the 200’ setback by 4’. Setback would be 196’ not the required 200’. Wayne Stein Board of Adjustment Secretary Date: June 12, 2009 "Til FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.: Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1. Will the request have an adverse effect on government services? Why or why not?2. Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Why or why not? 3. Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this factor) Why or why not? 4. How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5. Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6. Does existing sewage treatment need upgrading?7. Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?8. In light of all of the above factors, would denying a variance serve the interests of justice? Why or why not? The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted. 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 15th, day of June, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Melville R Bois, 7777 Washington Ave S, Edina, MN 55439 Debra Biederman, Twp Clerk of Nidaros, 40578 Cliff Road, Clitherail, 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 Terry Lejcher, DNR 1509 1®‘Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk 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, 35387 Northern Lights TrI, Richville, MN 56576-9672 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: June 15th, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud V ROBERT J & KARI L DORNCARSON TST ET AL 40898 BELMONT LAKE DR CLITHERALLMN 56524 9516 MELVILLE R & JUDITH BOIS 7777 WASHINGTON AVE S EDINA MN 55439 2422 PO BOX 58 PARKERS PRAIRIE MN 56361 0058 DAVID & DIANE RUST 1908 WILLIAMS AVE S SIOUX FALLS SD 57105 2338 NEWBOY REAL ESTATE LTD PRTNSHP 7777 WASHINGTON AVE S MINNEAPOLIS MN 55439 2422 VERNAL LINDET AL 311 MAIN STW PO BOX 467 BATTLE LAKE MN 56515 0467 TO THE PUBLIC mm