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HomeMy WebLinkAbout11000350244000_Variances_03-10-2004Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA i 953680 ! was filed/recorded In this office for reco||d on the JZtii.day of Mo >/____2004 Record^ Deputy 953680 hy /y. /Jyn cha recording^ ^ well certificate Wen i-:R 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 137/ - /o/7 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ~ Accepted By / Date"3&lo ^erru UJu ~fe^E phonC^s- CJt^ 7S' uJclJcm^ rnn PROPERTY OWNER MAILING ADDRESS aiJaLAKE NUMBER LAKE NAME LAKE CLASS CjSW\(p36154RANGE /O 5(o TOWNSHIP NAMESECTIONTOWNSHIP PARCEL NUMBER "4^11000 ^OOO E-911 ADDRESS LEGAL DESCRIPTION I 6 cP ^ 16 26 I2>4 N ^5 0^* 5 £ ^ rJ E Rd. of 5^/\J SSE Af£ lA 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 BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. lx)o ay^ 'Hv-L P-^\uaa_4_ ro6lA 0^ • ^ (0 ^ \J0U7\ 40''^KjL 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. \k>k ^ DATE5SIGNATUfeE OF PROI^ERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) jOLc ~ooo cQ23 -CX^jO C ^ ^‘5 00! M5 '^00 <P^/S -OO fcMA^ ~0OO 7.^/X/n.A.Date Of Hearing Time / Motion Bob Perry and Wyann Hulst-Perry - Approved the variance as requested. (7:31 p.m.) After discussion and consideration, Paul Larson made a motion, second by Michael Conlon and unanimously carried, to approve a variance of 10’ form the required road right-of-way setback of 40’ for the placement of dwelling 30’ from the road right-of-way. The Board’s approval of this variance request is based on the County Engineer’s letter and the fact that there are other structures in this immediate area that are just as close to the road right-of-way as the requested setback. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0204-001 317,340 • Victor Lundeen Co.. Printers * Fergus Falls, Minnesota i JlptI I !!3 r^o¥{(*1 UOMi DateiScale (:I : \j i ;f f I1 I i ! i 1;■ I I I I I ACXC3 . Mo....Cio5^....Ikt../'M^si is 1iIr!}tI Ii iI‘i t ;i :i Ii i.f f :i ffi ri! I .!r!!t I ;1--I '■1 i;!j i(i Vis &I rI i i 1i-"S31■ 3 I 0\-is! jfI ’-4 !fijJ{oO !!I I;I i 1 i!i J otL—*4 »I i('i“Y ifI i f;I I ;-i.1 i iI:•i t yi rI !!1 III i l I i 1 :i 1 ti! (i I 1 -■i'; i Iii Ij!i i 7 iI IIIJiii 'I t";f!iI(I(;I 1 I••? •i I\!7I i i It !) BK — 0403 1-800-346-4870313.987 • Victor Lundeen Co„ Pririters • Fergus Falls, MN May 6,2004 Page # 3 Perry and Wyann Hulst-Perry - Approved the variance as requested. (7:31 p.m.) Bob Perry and Wyann Hulst-Perry, part of the Southeast Quarter of the Northeast Quarter, Section 35 of Compton Township, requested a variance of 10’ from the required road right-of-way setback of 40’ for the placement of a dwelling 30’ from the road right-of-way. Chairman Mann polled the audience with no one speaking for or against the variance as requested. A letter from Richard West, Otter Tail County Highway Engineer indicating that he had no objection with the variance as requested was read for the record. After discussion and consideration, Paul Larson made a motion, second by Michael Conlon and unanimously carried, to approve a variance of 10’ form the required road right-of-way setback of 40’ for the placement of dwelling 30’ from the road right-of-way. The Board’s approval of this variance request is based on the County Engineer’s letter and the fact that there are other structures in this immediate area that are just as close to the road right-of-way as the requested setback. Ervin and Antionette Lea - Approved the variance as requested. (7:36 p.m.) Ervin and Antionette Lea, Lot 17 Sandy Haven Development, Stalker Lake in Tordenskjold Township, requested a variance of 28' from the required ordinary high water level setback of 100’ for a proposed dwelling, including a deck, 72' from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the variance as requested. Richard Bratlien, Harvest Homes, appeared with the applicants at the public hearing. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried to approve a variance of 28’ from the required ordinary high water level setback of 100’ for a proposed dwelling, including a deck, 72' from the ordinary high water level. The Board noted that the granting of this variance as requested is consistent with past actions of the Board of Adjustment. Bruce D and Susan C Fortune - Approved the variance as requested. (7:38 p.m.) Bruce D and Susan C Fortune, Lot 13 Block 1, Aerovilla, Devils Lake in Perham Township, requested a variance of 9’ from the required ordinary high water level setback of 75’ for the construction of deck 66’ from the ordinary high water level; Chairman Mann polled the audience with Arlene Bergland speaking in favor of the variance as requested. A letter from Charles and Arlene Bergland and an email from Ray and Cathy Kotta in support of the variance as requested were read for the record. After discussion and consideration, Michael Conlon made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 9' from the required ordinary high water level setback of 75' for the construction of a deck 66' from the ordinary high water level. The Board noted that the proposed deck cannot be enclosed, is not as close to the ordinary high water level as the property to the east and the proposed location as depicted on the applicants’ drawing will not obstruct the view from the adjacent properties. Cold Spring Realty - Denied the variance requested for Parcels D and E. Approved the variance requested for Parcel N. (7:44 p.m.) Cold Spring Realty, C/0 Roger Storms, part of Governments Lots 1, 2, 3 and 4, Section 31 of Maine Township by West Lost Lake, requested the following; Parcel’s D & E - Request a variance of 10' from the required road right-of-way setback of 20’ for the location of building site 10’ from the road right-of-way. Parcel N - Request a variance to have Lot N declared a buildable lot. Chairman Mann polled the audience with Mary Worner speaking against the variance as requested. A letter from Reggy and Julie Scheving in opposition to the variances as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to deny the variance as requested for Parcels D and E noting that there would be adequate room for development if the road had been properly located. After additional consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried to approve Lot N as a buildable lot for residential development. This variance approval is consistent with past actions of the Board of Adjustment. The Board also noted that this is a very large back lot that has adequate room for development. Richard West, P. E. County Engineer Phone 218-739-2271 Fax 218-729-1070 OTTER TAIL COUNTY HIGHWAY DEPARTMENT 419 S. Court Street, Fergus Falls, MN 56537 May 4, 2004 Mr. Wayne Stein, Secretary Otter Tail County Board of Adjustment 510 Fir Avenue West Fergus Falls, MN 56537 RE: Right of Way Setback Variance Request Bob Perry and Wyann Hulst-Perry 28565 Co. Hwy. 75 Dear Wayne: Chuck Grotte, Assistant County Engineer inspected this site on April 16, 2004 (photos and sketch drawing attached. This portion of CSAH 75 was resurfaced in 1992 with the next major work being another resurfacing between 2012 and 2017 depending on funding at that time. We have no objections to this variance request. If you have any questions or require additional information on this matter, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department Richard West, P.E. County Engineer RKW:mk cc: Mr. Chuck Grotte, Asst. County Engineer File AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-taii.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern; Bob Perry and Wyann Hulst-Perry 28565 County Highway 75 Wadena, MN 56482 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, May 6, 2004, 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 North 25 Rods of the South Half of the Southeast Quarter of the Northeast Quarter and the North 5 Rods of the South 15 Rods of the Southeast Quarter of the Northeast Quarter Property Address - 28565 County Highway 75 Section 35, Township 134, Range 36 - Township Name - Compton Lake No. 56-NA, Lake Name - NA, Class - NA The variance requested is - a variance of 10’ from the required road right-of-way setback of 40’ for the placement of a dwelling 30’ from the road right-of-way. Wi^ne Stein Board of Adjustment Secretary Date: April 16, 2004 285(^5 C5/IH 75 y//6»/oy. ivefUu-C it 55 ->l A%KIk—/S' ■ \/ / {g)(^ ^OoH,Pprci\ ©te 3g'i I AickH tS f Photo 1, looking southwest. The face of the house is approximately 38’ west of the R/W line Photo 3, looking south. The porch extends 7’ east from the face of the house. r r ■■ • - ^ iiSSlkB,i,f,'rsaB^a6itaS Photo 4, looking south. The septic system is south of the house. g:- 1lii Photo 5, looking north. Lath is approximately R/W line. Photo 6, looking northwest. Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website; www.co.ottertail.mn.us December 15, 2003 Bob & Wyann Perry 28565 County Highway # 75 Wadena MN 56482-4473 Re: Structure too close to road-right-of-way on Parcel # 11000350241000 Dear, Mr. & Mrs. Perry, After receiving a complaint, I visited the above parcel on November 26, 2003. I found that the new dwelling onsite was too close to the right-of-way. By my measurement the closest part of the structure is eighty feet from the center of the road. The right-of-way is fifty feet from the center of the road. To be the required forty feet from the right-of-way, the structure must measure ninety feet from the center of the road. To resolve this problem either the structure must be moved to a complying location or a variance must be applied for and received from the Board of Adjustment to allow the structure to remain in its present location. Please find enclosed a variance application, fee schedule, and other pertinent information. The variance must be applied for by April 1, 2004 and the lot brought into compliance by June 1, 2004 to avoid further legal action. This dwelling must be serviced by a complying sewer before occupancy. Installation of a complying sewer requires a permit and a design by a licensed installer. If you have questions, please contact our office. Sincerely Wayne M. Roisum Inspector 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 must be present at the scheduled hearing. To Whom It May Concern: Bob Perry and Wyann Hulst-Perry 28565 County Highway 75 Wadena, MN 56482 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, May 6, 2004, 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 pubiic hearing. The property concerned in the application is legally described as North 25 Rods of the South Half of the Southeast Quarter of the Northeast Quarter and the North 5 Rods of the South 15 Rods of the Southeast Quarter of the Northeast Quarter Property Address - 28565 County Highway 75 Section 35, Township 134, Range 36 - Township Name - Compton Lake No. 56-NA, Lake Name - NA, Ciass - NA The variance requested is - a variance of 10’ from the required road right-of-way setback of 40’ for the placement of a dwelling 30’ from the road right-of-way. ‘Wayne Stein Board of Adjustment Secretary Date: April 16, 2004 '-T 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 April, 2004 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ,Bob Perry, 28565 County Highway 75, Wadena, MN 56482 / MaryAnn H. Line, Twp Clerk of Compton, 58884 330*'' St, Wadena, MN 56482 Wu, Ai\n -/t s4" Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 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: April 19th, 2004 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ;•t '■i' Parcels Entered :• Parcel MN 56482 447228667 COUNTY HIGHWAY 75 WADENA11000350243000 WALTER GOEDEL 11000350243001 CYNTHIA L LUSTILA HAVERINEN MN 56482 447328517 COUNTY HIGHWAY 75 WADENA RR 1 BOX 87 28565 COUNTY HIGHWAY 7511000350244000 BOB & WYANN M PERRY MN 56482 4473WADENA 11000350245000 ROBERT W & JANETT K LINDQUIST 28473 COUNTY HIGHWAY 75 MN 56482 4474WADENA 56482 4464MNWADENA11000350246000 WALTER & VERDA UNRUH 62086 285TH ST HILLSBORO ND 58045 062511000360252000 DALE K NELSON PO BOX 625 J- : MN 56482 4468WADENA11000360253000 DONALD H NEDREAU 63175 280THST Page I of 1Tuesday, April 13, 2004 •V; l' • - '1 ..; Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website; ww\w.co.ottertail.mn.us December 15, 2003 Bob & Wyann Perry 28565 County Highway # 75 Wadena MN 56482-4473 Re; Structure too close to road-right-of-way on Parcel # 11000350241000 Dear, Mr. & Mrs. Perry, After receiving a complaint, I visited the above parcel on November 26, 2003. I found that the new dwelling onsite was too close to the right-of-way. By my measurement the closest part of the structure is eighty feet from the center of the road. The right-of-way is fifty feet from the center of the road. To be the required forty feet from the right-of-way, the structure must measure ninety feet from the center of the road. To resolve this problem either the structure must be moved to a complying location or a variance must be applied for and received from the Board of Adjustment to allow the structure to remain in its present location. Please find enclosed a variance application, fee schedule, and other pertinent information. The variance must be applied for by April 1, 2004 and the lot brought into compliance by June 1,2004 to avoid further legal action. This dwelling must be serviced by a complying sewer before occupancy. Installation of a complying sewer requires a permit and a design by a licensed installer. If you have questions, please contact our office. Sincerely, Wayne M. Roisum Inspector IOWNMIUWORK& SURPly 42950 Co. Hwyl9... Sebeka, Minnesota... 56477- Wyann Perry DATE: 3/11/03Pbone 218-837 5680 General Contractor Footings Floors Earth shelter walls 8”X24” with 2 # 4 re bar. 5” #3,000 cement with 6” W.W. wire mesh. 10” concrete blocks cored and roded each 8’ Exposed walls Will be 2/8 covered with 1/2” ply,vapor barrier and 8” cement siding Roof 2/6 rafters 1/2: ply 25yr. Shingles facia alum. soffit vented alum, with 5’ overhang on fi"ont of house All interior walls will be of 2X4 construction with 1/2” drywall taped & painted one coat of primer and color by owner kitchen cabinets and bath vanities will be of oak facing and plywood interiors interior doors and trim will be oak entry doors and windows style chosen by owner garage doors will be insulated doors nine foot wide and eight foot high this contract includes Garage to be 28’ X28’ with 4” concrete floor unfinished walls on the inside, floor to be filled and compacted to 4” +_ below house floor. This contract includes demo of old house down to but not including the floor [ existing floor will be used but covered with new 3/4” T&G ply] Payments to he made as work progresses 10,000 startup foundation & block walls 6,832.00 reimbursement on materials and subcontracts CONTRACT BATANGKS78.500.0flTotal cost of project $68,500 $65,500 $58,700 $46,000 $30,000 3/11/03 paid $10,000 start up paid $3,000 floor system 5/15/03 paid $6,800 foundation and block walls 6/09/03 paid on account framing material $12,700.00 7/2/03 paid on contract $16,000.00 SckLLJJi____________ . '7'/\^kT(Li/ fA.. /Vr y i /IaiTI K Sfc-yi/] £ €> =C> t) p/pe i& >'y^“ '^'Ic'x.UJi- d Pipe /s Hd' W~~4rtn^ th.S . V r Ape fc"" dJ—)^^rc^ deWW- > jf,hc'w:>L 1 &! SEWAGE SYSTEM CERTIFICATION To be completed by a Licensed and Bonded Sewage System Inspector This form must be accompanied by a scaled drawing of the property indicating the the location of said sewage system, all existing/proposed buildings, property lines, the ordinary high water level of the lake, river or stream and all water wells within 150’ of the sewage system. u? W-rPh#.Property Owners Name. Property Owners Address culp:^. a.City/State/Zip. Lake Name.Lake No. Parcel No.3-5-uy-3^ Township Name^V^^/^" Legal Description~^i/: fit NEYi{ U ..ru>Section Twp.Range. M? hi-lf a{- i RiXs df /'/£'^c '/f -PA P Septic Tan^Drainfiel^ Capacity ^ ih I h C' »*v > U-MuDistance from Nearest Well. Distance from Ordinary High Water Level Distance from Dwelling Distance from Nearest Nondwelling__ /7. Jf. Distance from Bottom to Water Table /1/M Distance from Lot line.t5 IM.Date Sewage System Installed. I hereby attest that I am familiar with the minimum standard required by the Minnesota Pollution Control Agency and that this system is in accordance with those standards. Lie. -3^ bateLie. No.Signature of Installer HANSOjN’S PLUMBING & HEATING 214.FiretSt,S. W. Wadena, MN 56482 631-3172 ESTIMATE Architect Owner Date y~^a.Li/f'~S//)riA J O f^/'a i>u 7T ,7"d a ~7^ u cy /)^’a/id{ 77/_'X'a-/*d/'l/t c " AuJ // A /) /d^) a /• 77 u /Z /d'‘/y / / ^ £> -)A/*rf Kf /7'x^ 77 / • Ld^ca y'kPL7 j/ ^\?/// aa Zi -r"^P^TiC 7/3-7^4y / />? '■■X