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HomeMy WebLinkAbout46000080055000_Variances_11-14-2002Variances 2 Barcode 128 II-I^-ZOOZ 1 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA this Instrument # was filed/recorded in this office for record on the day of i.^r' 2002 atQ'.tfefam)pm recordn^ f^ V weii certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us aO ISO —Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date ____________ DAYTIME PHONE At^'-rr -T ^ vl. Dcl UL>Al4^| ’Au€-/0 6BHjl€Ai*>\/aUey Kw. LAKE NAME ^ TOWNSHIP PROPERTY OWNER MAILING ADDRESS LAKE NUMBER ____LAKE CLASS OGtcvr To.! ITOWNSHIP NAMESECTIONRANGE PARCEL NUMBER E-911 ADDRESS4t> QOOO^ OOS^QCO 4\30Q I LEGAL DESCRIPTION sisiMS TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED , .A \ tyjsKdJL Ts ^ sdHpa.ciiL 6^ -f-VjL tt» 2^ lDcAu^Ji^ Ul(c4^ ^ WvLtc r5 I # \a<X2a4^ r W^VmTuJW, Will irMAAA>A\. vA-\, loC4^-m. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCBSUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAtm& RESOURCE MANAGEMENT REGARDING THIS MATTER. /o//y/oz^ ' DATESIGNATURE OF PROPERTY ER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) At<:^ y • OOO C> / ■ 0-00 - OOO ^-00/ % - OOO, ^9-coo So -OOO S f - ODOyOUj 5^ -or 0 Sa -00/ 53 - 90o S9-00/,d^ 3S -OOO Sc 00 / '-r / O S'. OeP /?/nn/.yc <s>^Date Of Hearing Time Motion Ann and Barbara J. Dacy - Approved with condition. (7:02 p.m.) Motion was made by Paul Larson, to approve the variance as requested. This motion died for lack of a second. After additional discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve the raising of the existing house by 3’ with the condition that the dwelling must be moved back to at a location which is 10’ from the lift station as currently depicted on the applicants’ drawing. It was noted that the proposed project is normal maintenance for this structure. Chairm^n/(!5tter Tail County Bo^ of Adjustment Per|^t(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No LR Offici^/Date •Copy of Application Mailed to Applicant And the MN DNR BK-0402-001 309,424 - Victor Lundeen Company, Fergus Falls, Minnesota / E. LINE OF GOV'T LOT 2 BEARINGS ARE BASED ON AN ASSUHED DATUn • DENOTES IRON MONUHENT FOUND. O DENOTES IRON MONUMENT SET MARKED "RLS IS&20 4 17325". o j ELEVATION AT OS.A.H. NO. I - 1331.37 FEET (NAVD IS66J-\ A yA \ a\ I I ‘ ^14' I APPROXIMATE CENTER OF DRAIN FIELD A—4.1 17.7 o \.GARAGE'^ 2 ».0 *1 1741 e.^ N I323.S6nI-^O ^•3.43 i322.<rr JLIFT STATION JB22.7i023.cn 1323.0 27J ; §t!3 MO.S.0 HOUSE§ ^ IJ32?.<K TOP OF HBJ.dr B23.4I 022.30 023.03 TOP OF IRON MONUMENT - 1322.5S(NAVD IS33) ELEVATION AT TOP OF BLOCK ^ - I323.4I(NAVD IS36)1322.77 022.92 CERTIFICATE OF SURVEY FOR:LIME I32f.9l\022.77 I323.U 1323.03 BARBARA J. DACY023.C0 023.43]1323.23 023.35 ■H (0 UINE023.43 A' FIELD BOOK AL5-13^/25 DRAWN BY JPP ,1324.53 CONTRACT NUMBER 38&-02NDERSON LAND SURVEYING, INC. 313 SOUTH MILL STREET, FERGUS FALLS, MN 56533-0125 (2\3) 73H-5263 H16 hJASNINGTON AVENUE, DETROIT LAKES, FIN 56501 ('213^ 347-0500 U FIELD CREW SML i JPPCHECKED BY DAA CRD FILE 46^1-01 CRD DISK 121 DRAWING NUMBERELEVATION OF OTTER TAIL LAKE ON 10/10/02 - I320.S{NAVD IS66J ORDINARY NIGH HATER - I322.I('NAVD IS66J PER D.N.R.DWG DISKDWG FE^: 3&6-02 5244 J5oq Vl \Jcori».i^'^MEMO TO:Otter Tail County Bo^d of Adjustment FROM:Barbara Dacy, Co-Owner DATE:October 17,2002 SUBJECT:Variance Request at 41300 County Road 1 The purpose of this letter is to provide additional information regarding the variance request at 41300 County Road 1 on Otter Tail Lake. Subject Property Ownership and Surrounding Ownership I am co-owner of the subject property and am acting oh behalf of my sister Ann, and my mother Juliana, who has placed this property in a Life Estate. The property immediately to the west is also part of the Life Estate, and contains a recently remodeled home where my mother vacations during the summer months. The two vacant parcels to the east are owned by my oldest brother and sister. There are five children in tiie Dacy family (I am the youngest), and the four parcels will ultimately inure to us as prescribed in the Life Estate document uponTnother’s death. The five of us have formed our own “property association” to provide for the ongoing maintenance and upkeep of the property. While the association has not been formally incorporated, it is a structured means by which each of us shares equally in the decisions, expenses, and benefits of the properties. History of Property My grandfather, George Haas, purchased both the subject parcel and the vacant properties to the east in 1948. At that fime, there was more than 100 feet of land between the front of the house and the lakeshore. The existing structure on the subject parcel had been built by the previous owner in 1938. These parcels have been consistently owned and used as the family home every.summer since 1948 (my family was transferred around the country because of my father’s employment with the VA Medical system). The parcel to the west was purchased by my grandmother, Edna Haas, in 1965. After her death in 1977, this property and the subject property was all under my mother’s ownership. Purpose of Variance The requested variance is for a 22 foot setback variance from the 75 foot structure setback requirement from the Ordinary High Water level of Otter Tail Lake. The necessity for the variance was brought to our attention when qur contractor, Mr. Robert Bjorgaard was making application for a Site Permit to raise the house up to 3 feet and to complete a residing project, installing a new roof, and completion of interior remodeling. i' Mr. Bjorgaard had completed a similar project on my mother’s house two years ago, and we were attempting to complete the same amount of maintenance on the house on the subject parcel. It is my understanding that because the house is considered non conforming (it is 53 feet from the OHW), raising the house eliminates the “grandfather” protection and triggers the requirement for the variance, The house is not being moved closer to the lake, only to improve the foundation strength and to provide additional elevation as a means to further protect against potential flooding. Why Raise the House? It has been a never ending battle between settlement of the house and yard and the cha.nging elevations of the water table and the lake. To use an analogy , the house is located at the bottom of the “bowl”. The top of the existing foundation block is at 1323.41 feet. The lake however is at 1320;9 feet, and the road elevation is at 1331.37 feet. Since 1948, we have had to undertake many projects to prevent flooding in the yard arid to protect the house from the rigors of the “freeze/thaw” cycle of the water table on the foundation. The following summarizes the events and the projects which have led us to the current situation: • The existing house was built in 1938, prior to the family ownership, at its current location. The foundation consisted of concrete blocks at each comer of the house. • In 1953, when the Orwell Dam was constmcted, about 15 feet of lakeshore was eliminated. My mother says that this area used to be known as “sandy beach”. • In the 1960s, we installed large beams underneath the house to support the sagging floors. The fire place which was once on the west side of the house was removed because the bricks had pulled away from the house. This is testimony to the, settling of the house. e In 1977, the house was raised in order to pour a continuous concrete footing with two to three levels of block on top of it. A new septic system was also installed (at our expense) to the north of the home. While the new foundation certainly helped to stabilize the home, water has been discovered underneath the house from time to time due to the high water table and periodic flooding after storm events. • In 1984, a first floor bedroom addition with proper footings was added on the west side of the house. • In 1985, the front yard and east side yard was overtaken by water. This event prompted us to fill certain portions of the yard and to install large rip rap along the entire length of the shore line, backed up by additional fill contained by a retaining wall (proper permit obtained). • Over 50 feet of distance has disappeared between the front of the house and the lakeshore. In the meantime, the house and yard have continued to settle, and the elevations of the water table and lake seem to increase. Raising the house up to 3 feet/3 blocks will enable us to repair/replace the existing foundation which in 25 years has surely experienced wear and tear from the thaw/freeze cycle from the high water table. Mr. Bjorgaard completed a similar project on my mother’s house to the west two years ago, and found cracked blocks at the comers of the house. Raising the house will help us to continue proper maintenance of the stmcture, and will also protect our home. If the yard is overtaken again by water, fill will have to be brought in, and if we do not raise the house, the house would be at a lower elevation than the fill. Justification for the Variance Section V.5. of the Shoreland Management Ordinance establisher five criteria based on which the Board may grant a variance. It is my position that the circumstances of this request meet the required criteria. A. The condition causing the hardship is unique to that property. The original and current location of the structure was established in 1938, prior to our family’s ownership. The house was constmcted at the current location under a completely different environment than exists today. Granting the variance will enable us to raise the house to complete needed maintenance and strengthening of the foundation and to protect the house from future inundations of water. Further, the house is located at an elevation which over time continues to settle and is subject to a high water table and rising lake elevation' If the yard is overtaken again by water, fill will have to be brought in, and if we do not raise the house, the house would be at a lower elevation than the fill. The existence of the retaining wall along the lakeshore, ongoing maintenance of rip rap along the shoreline, and the consistent pattern of having to shore up the foundation and fill the yard substantiate the necessity to raise,the house. B. The variance is proved necessary in order to secure for the applicant a right or rights that are enjoyed by others in the same area or district. The house is subject to a consistent pattern of settling due to. a high water table. The topography of the surrounding yard has also settled and has been flooded from time to time. It is entirely necessary and appropriate to permit the house to be raised as a means to strengthen the foundation and to protect the house from unforeseen events. The request simply maintains the current position of the house, does not decrease the distance to the lake and will permit my family to continue to enjoy the property. C. Granting the variance will not be contrary to the public interests,, to policies of the area or district, damaging to the rights of other persons or to property values in the neighborhood. Grantirig the variance will not be contrary to.the public interest and will not adversely affect adj^eht properties. A similar project was completed on my mother’s house to the west and the project is clearly not detrimental to adjacent property values. D. No variance may be granted for a prohibited use or for the expansion of existing prohibited use. The existing use is not prohibited. E. No variance shall be granted simply because there are no objections or because those who do not object out number those who do, nor for any other reason unless a hardship established. A hardship has been established. The location of the house was determined by a previous owner. Second, the house is subject to a consistent pattern of settling due to a high water table. The topography of the surrounding yard has also settled and has been flooded from time to time. Further, as can be seen in the attached survey, moving the house back will trigger a chain reaction of relocating the septic system, drain field and driveway which ultimately may not solve the issue of high water table conditions and the settlement of the yard and house. Thank you for your consideration in this matter. My family loves our property at Otter Tail and we want to do everything necessary to protect the property so that future generations of our family can enjoy it.