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Home My WebLink About46000210065004_Variances_11-03-2011Variances 2 Barcode 128 n-3'zoii1100009 DOC# 1100009Date Stamp 1100009 Fee: $46.00 Well Certificate [ ] Rec’d OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA received OCT 1 2 2011 LAND & RESOURCE Certified, Filed, and/or Recorded: November 07, 2011 2:00 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By: LL L&R Initial 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 lO'IZ'll COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / DateJenson VoutccKcn |^lclt>)‘i2>, CML. i CiioelI 1t/DAYTIME PHONE 7oJ ^ 1950PROPERTY OWNER MAILING ADDRESS -Po X J H LAKE NUMBER ~ Z<4-2 SECTION Ji./ PARCEL 000 99c> 5/5g62 NUMBER e.<os o Oo c>/ inhc^_______ TOWNSHIP 13 ^ RANGE 039 TOWNSHIP NAME hb_______LAKE CLASS r Urr-iA< ) n s L/P LAKE NAME E-911 ADDRESS TS* 5fcS7/1 LEGAL DESCRIPTION Se€ oJrMM^d U>rrAn-ftf W U^al Pescn'p-ft'on- TYPE OF VARIANCE REQUESTED (Please Check) y WECS Misc.Subdivision ClusterSewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF ASTHIS WILL BE USED FOR PUBLIC NOTIFICATION. , ,, U 0+1 iT U CL>r-ue«_oC_fe- -^o|)y-D7e.CT' Se^ ba-'cJtrf ^ S tfVl C(j2s c> €. f 6-A^-t> OC-iP ~+6>.e cLc?‘Di>7‘VT< c4"ioo 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 & RESOURC^ANAGEMENT REGARDING THIS MATTER. y ” SIGNATURE //DATEOWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 * Victor Lundeen Co . Printers • Fergus Falls, Minnesota J e^//A/Qug>M Ltt:i TimeDate Of Hearing i /s/OV«wv Idci^olC///3> Motion Jenson Vacation Holding, LLC - Approved the application as requested with a condition. (7:47 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 17' from the required ordinary high water level setback of 75’ for the proposed construction 58’ from the ordinary high water level as described in the variance application dated October 12, 2011 and as depicted in the drawing submitted with the application with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Chairman/Otter TaifCounty Soard of^justment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No V?^///-7-// LR Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 1030313 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that ^ this instrument # i 03031«i_ was filed/recorded in this office on the 2~\ day o _____ 2007atJfr5D; WendyL, MrtMlf, Cout)(ty R bv: Vjl3 iPa^ No delinquent taxes and transfer entered; Certificate of Real Estate Value ( filed (Certificate of Real Estate Value No------08S032) not required. am/pmfor rec(Year) Wayne Stein, County Auditor rder 7 iecordihgfe^ well certificate by^^000 S.I\00(pSC>o^ OCO Deputy WARRANTY DEED COUNTY OF OTTER TAIL NUMBER/6 -;?-7 DATE _ //• 7. h WC07854 StateiDeed Tax Due Hereon: $1283.70 Date:| November 21,2007 FOR |VALUABLE CONSIDERATION, Dennis F. Anderson and Kimberly Anderson, husband and wife, as grantor(s), do hereby warrant(s) and convey(s) to Jeffrey H Jenson and Susan Jenson, as Grantee(s), the real property in Otter Tail County, Minnesota described as follows: ] All that part of Lot One (1), Pleasant View Beach, according to the recorded plat thereof, Otter Tail County, Minnesota, lying southwesterly of the following described line: I Commencing at the most southerly corner of said Lot One (1), thence on an assumed bearing of North ;46 degrees 52 minutes East along the southeasterly line of said Lot One (1), a distance of 74.89 feet to the point of beginning of the line to be described; thence North 43 degrees 09 minutes 53 seconds West a distance of 214 feet more or less to the shoreline of Otter Tail Lake and there terminating.j AND all that part of Government Lot Two (2), Section Twenty-one (21), Township One Hundred Thirtyyfour (134) North, Range Thirty-nine (39) West of the Fifth Principal Meridian in Otter Tail County, Minnesota and that part of Lot One (1), Pleasant View Beach, plat of which is on file and of record in the office 'Of the Recorder of said Otter Tail County, described as follows: j Commencing at the most southerly comer of said Lot One (1); thence North 46 degrees 22 minut^, 49 seconds. West on an assumed bearing along the southwesterly line of said Lot One (1) for a distance of 20.00 feet to the point of beginning; thence continuing North 46 degrees 22 minutes 49 seconds West along the southwesterly line of said Lot One (1) and its northwesterly extension for a distance of 207.00 feet, more or less to the water's edge of Ottertail Lake; thence southwesterly for a distance of 51 feet, more or less, along the water's edge of said Ottertail lake to the intersection with a line which bears North 60 degrees 00 minutes 00 seconds West from the point of beginning; thence South!60 degrees 00 minutes 00 seconds East for a distance of 185.00 feet, more or less, to the point of beginning. I I EXCEPT that part of Lot One (1), Pleasant View Beach, plat of which is on file and of record in the office of the Recorder of Otter Tail County, Minnesota, which lies southwesterly of the following described line: Commencing at the most southerly corner of said Lot One (1); thence North 46 degrees 22 minutes 49 seconds West on an assumed bearing along the southwesterly line of said Lot One (1) for a distance of 20.00 feet to the point of beginning: thence North 60 degrees 00 minutes 00 seconds East for a distance of 185.00 feet, more or less, to the water's edge of Ottertail Lake, :Together with all hereditaments and appurtenances belonging thereto, subject to any restrictions, reservations and/or covenants, etc, as may appear of record. November 3, 2011 Page # 3 Jenson Vacation Holding, LLC - Approved the application as requested with a condition. (7:47 p.m.) Jenson Vacation Holding, LLC, Lot 1 Pleasant View Beach and part of Government Lot 2, Section 21 of Otter Tail Township by Otter Tail Lake, requested the following: I am proposing to add an attached garage and attach the existing detached garage (‘sewing room’) to the existing cabin with an enclosed patio. We will also be changing the existing/'flat robf to a “pitched roof over the entire area. The construction will begin approximately 58’ from the ordinary high water level, requesting a 17’ variance for the proposed project. Required ordinary high water level setback is 75’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a,variance of 17’ from the required ordinary high water level setback of 75’ for the proposed construction 58' from the ordinary high water level as described in the variance application dated October 12, 2011 and as depicted in the drawing submitted with the application with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Douglas W and Karen Y Brewer - Approved variance request No. 1 and No. 3 with a condition and denied request No. 2. (7:53 p.m.) Douglas W and Karen Y Brewer, Lot 8 South Point West Battle Lake, West Battle Lake in Girard Township, requested the following; We are proposing to make an addition to our existing home and there are three places where our project varies from ordinance requirements: A corner of the garage extends 6’ into the 20’-roadway easement. Asking for a 14’ variance to the road right-of-way. A corner of the entry porch steps extends 5’ into the 10’ side setback. Asking for a'5' variance to the lot line. A small corner of the building extends 1’ into the 75’ water setback. Asking for a 1’ variance to the ordinary high water level. 1.) 2.) 3.) The audience was polled with no one speaking for or against the variance as requested. Letters from John Lindner and Scott and Marcy Fridlund in support of the variance.as requested were read for the record. A letter from a neighboring property owner iri opposition to the variance as requested was read for the record. An email from William and Patricia'J Casey in support of the variance as requested was read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 14’ from the required road right-of-way setback of 20’, to approve a variance of 1' from the required ordinary high water level setback of 75’ and to deny the variance as requested from the side lot line for placement of the proposed development as described in the variance application dated October 10, 2011 6’ from the road right-of-way, 74’ from the ordinary high water level and at least 10’ from the side lot line with the condition that the shed noted on the applicants’ drawing for removal must be removed. The applicants’ property is located at the end of the road; therefore, the setback from the road right-of-way will not present an issue. The practical difficulty is the shape of the applicants’ property, which has water on three sides. Robert and Louise Nagle - Approved the application as requested. (8:05 p.m.) Robert and Louise Nagle, Lot 2 and part of Lot 3 Martin Knoll, Pelican Lake in Scambler Township, requested the following: A majority of my existing home sits in a bluff Impact zone. I am requesting a couple of variances to construct my new home since it will also be partially in the bluff impact zone. The current home sits 65’ from the ordinary high water level. I would like a variance of 30’ that will allow me to move the new house back 10’ to 75’ from the ordinary high water level and east 32’ Into an existing altered bluff from 1951. A majority of the new construction will actually be 80’ from the ordinary high water except the area containing the porch. This southwest corner of the house will be even with the string test and the south east corner will be 5’ behind the string test. We also need a variance to replace the west side retaining.wall and to construct a new east side retaining wall. The west walTwill extend from the southwest corner of the house 26’ west, south 20’ and west again 9’. This wall will be 3’ tall and is 60’ from the ordinary high water level. The east wall will extend from the southeast corner of the house and extend 27’ south. This wall will be 8’ tall on the north end and go down to zero to match the slope of the bluff and is 60’ 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, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried; to approve the variance as described in the application dated October 12, 2011 and as depicted on the drawing submitted with the application. It was noted that the proposed development will be further back than the existing development and that the applicants are taking steps to prevent erosion by the use of retaining walis. SCALE DRAWING FORM ^ ^ 0no99d ^ 1 ^ .X. Tax Parcel Number(s).1. 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 teatures (i.e. bluffs), and onsite impervious surface calculations. ;i' t q2 0 %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side)i --^1?TT r ' I i r ;T 1 f i J8+ 4.r j.■ i ■;T I 4-i?T f !-7^ ft O ■ I f'....[ Iflouse■L ■ f- ■;...........^r i&Qj u' : o po s ! .... a -4-H ; i ti 1 rwi»f :ia ii •'1 Ii a4■r ■ML. TO b« !■ 4T". . I'!1- ,i...•; -i'l1 ; ■ I t(D iii.-1 Tf' a.T I , I ■■f- 1 \■I" :..r_*A*4STJIig + ..j. I;.* ....zzi 1-; .ii1.•r el e)idj. ....j.T ■ ■■■ F'4 ,1.f 1Ii r .... .^ . I .{... 4/^1/^/ 7^eSignature of Property Owner Date « Vict^BK —0909 Jls. MN • 1-600-346^70 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2 S \ U Ft2 Structure(s): Deck(s): L_M:2/^Ft2Driveway(s): Ft2Patio(s): fl3 R2Sidewalk(s): T * kmFt2Stairway(s):xNCL. shep Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:IFt2 V , ^Z57 Ft2TOTAL IMPERVIOUS SURFACE: 72 ?S7 FI^ i.LOT AREA: •L •I f 2S.S3S2S1 .%= -?^.s X100 =4-: LOTAREA L ■ ^ IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE > . 4 IL » T 4*» r iir ‘ ' ¥1D ')C I (, _ 4-i) Bip I fro1 0 >C/l^« i 1 I A H • i ,t ; % < ■ * ■I ^ ■.»; •.« ./ • I ' -l■ y "pl-i ffl Ip -i -9’'li • ih Notice of Hearing for Variance Otter Taii County Government Sisrvices Center 510FirAveW FergusFails.MN 56537 (218) 998-8030/998^8041 Emaii - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Appiicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Jenson Vacation Holdings, LLC Howard and JanelUenson PO Box 211 Ottertail, MN 56571 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, November s, 2011 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 1 Pleasant View Beach and part of Government Lot 2, Property Address - 30493 State Highway 78 Section 21, Township 134, Range 39 - Township Name - Otter Tail Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - the following: I am proposing to add an attached garage and attach the existing detached garage ('sewing room’) to the existing cabin with an enclosed patio. We will also be changing the existing “flat roof to a “pitched roof over the entire area. The construction will begin approximately 58’ from the ordinary high water level, requesting a 17’ variance for the proposed project. Required ordinary high.water level setback |s 75’. Date: October 14, 2011 Wayne Stein Board of Adjustment Secretary 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 17th, day of October, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jenson Vacation Holdings, LLC, Howard and Janell Jenson, PO Box 211, Ottertail, MN 56571 Donald Dreyer, twp Clerk of Ottertail, 33770 Lamplight LN, Ottertail, MN 56571 Dennis Martin, Deputy, Ottertail Twp, 45221 Lamplight LN, Ottertail, Mn 56571 Otter Tail Lake, OTLPOA, PO Box 21, 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richviile, MN 56576-9672 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: October 17th, 2011 Wayne Stein, Secretary Otter Tail County BoarcMpf Adjustment By: Vi Manderud .-J- ■ CHARLES W & SUE E GRAMITH 233 GRAND VIEW AVE W ROSEVILLE MN 55113 4729 CARLTON L BJERKAAS 2900 VISTA DEL REY NE ALBUQUERQUE NM 87112 2196 HARRY A & BEVERLY P HARRIS- 30507 STATE HIGHWAY 78 OTTERTAIL MN 56571 9651 JOAN LANNING TST 4535 4TH ST S MOORHEAD MN 56560 6745 KATRINA KALO TST 25657 478TH AVE SIOUX FALLS SD 57104 6545 JENSON VACATION HOLDINGS LLC - 3487 162ND LN N ■ 'GOODYEAR AZ 85395 8023 ;■ V LAVERNE & GLORIA LUICK : ; 801 2ND AVE N MOORHEADMN 56560 1977 STATE HIGHWAY ROADSIDE PARK 1000 HIGHWAY low DETROIT LAKES MN 56501 2205 KENNETH L & KAREN SPANSWICK 30538 STATE HIGHWAY 78 OTTERTAIL MN 56571 9606 STATE OF MINNESOTA ATTN TAX SPECIALIST PO BOX 45 SAINT PAUL MN 55155 4045 wm)/E^0F Bo-mm mui le THIS FORM MUSTBE SUBMITTED TO THE OFFICE OF LAND & RESOURCE : ■ MANAGEMENT BETWEEN OCTOBER MARCH 1^^ I understand that, due to snow coven, the Planning Commission-Members and/or the Board of Adjustment Members :may not.:be able to .view my 4^>coo99c>S.i^&c>2..property/project (Tax Parcel # 4L>£>D£?R.tDO(aSc>c>H described in my dated /pZ/Jl/y/ ) A3 VG 'nrt Application Since this is the case, it ,may not .be possible for Otter Tail County to meet ... the legal requirement to take action within 60 days , of receipt of my completed Appiication(s). r-' Check One: -I agree to waive the 60-Day Rule in. order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking actionion my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no i alternative but to deny my Application(s);. / ^ '.DATED.PRORERltoWlfER 01-03-2011 Mbowman app &forms~ waiver 60 day rule