HomeMy WebLinkAbout46000990155000_Variances_09-04-2008Variances
2
Barcode 128
1046165
I hereby certify that
this instrument #
was filed/recorded in this office for record on the_2.
^ -----2008 at
^ well certificaih
.day of
amAm
>rae\
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 ^0^ ^ A^(X/j
_ DAYTIME PHONE lO \ ~ 0
kJD SSi^H ____
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
R<-V\iPROPERTY OWNER
11
MAILING ADDRESS
LAKE NUMBER ^Cs ~ ^ 4 ^ LAKE NAME
SECTION ^ i TOWNSHIP RANGE
K <4GOOOCfqo\ ^sd>oo
R Q(:>000s\0 B
______LAKE CLASS
T<^i (
O / Cct'f yU kJ S *71
TOWNSHIP NAME
E-911
ADDRESS
PARCEL
NUMBER
LEGAL DESCRIPTION_ Seel 3\,T^P IJ.M, Ro.w^S%
J' 0~^ /i-r) M/iJ, V- fiJj Juf.
TYPE OF VARIANCE REQUESTED (Please Check) '
v^ecxv'YVvujov"Cluster Misc.SubdivisionStructure Size Sewage SystemStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.-fri
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I UNDERSTAND THAT T HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
f>0»' \
C\, Vp\vX-C-C 6or-«.Cs^ Vo <x.
I ALSO UNDERSTAND THAT OTHER PERMITS MA^E REQUIBTO, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS W^’nk.KnJLj/
SIGNATURE OF PROPERTY OWNfefl / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
•' -
c^/ mC^OO<^VDate Of Hearing Time
y.j'o/^/n.
Motion
Gary Renier - Approved the variance application as requested with a condition. (7:50 p.m.)
October 2, 2008 meeting - Richard Hockstein appeared with the applicant at the public hearing. After discussion and
consideration, Michael Harris made a motion, second by Carl Zick and carried with Joe Maske abstaining, to approve as
requested removing soil from the toe of the bluff area for the purpose of creating a larger driveway and garage apron area with the
condition that the maximum height of the soil retained cannot be more than 6’ above grade as discussed in the letter from Ulteig
dated October 1,2008.
Co^iffnan/Otter T^l County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)hhitp’'
No
/O/obMCopy 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
SCALE DRAWING FORM
T
-r-Tax Parcel Number(s)
The scale drawing must Include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
t ia-‘i %Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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BK — 0207 S29086 • Victor LundMn Co. Prinleis • Fergus Falls. MN • 1-800-346ulg70
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
I Ft2Deck(s):
%y\^\5X> Ft2Driveway(s):
Ft2Patio(s):
Sidewalk(s):
/Ft2Stairway(s):
^ Ft2Retaining Wall(s):
15 Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
X100 =%
IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
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‘
My name is, Gary Renier and my wife Sharon. We own the cottage located at 28615 State
Highway 78, Ottertail, Mn.
? ■■ .
We are dealing with old structures that sustained extensive water damage, dry rot, etc. from
the 2004 high wind storm that \yhen through the east end of Ottertail Lake. j
ii
Our eventual goal is to remove the current buildings and replace the structures with a year
around home. We will comply with the current water and sewer codes for update. i
Our concern and request is to widen the approach to our property (lot 11). As you can see by
1the enclosed Anderson Land Survey map, the roadway to our property (lot 11) is not on our
property but on (lot 12) my neighbor's. Lot 12 is owned by two families. Our problem is parking
and egress to the road. I have egress privileges to the driveway,I
Our request to this board is to remove dirt at the toe of the bluff in accordance with Mr. John
Christensen's drawing in the last page of your booklet. The toe of the bluff had originally been
altered prior to 1971. If this requested modification is approved, the remedial work to the drive
would include a new retaining stabilization wall of the original bluff alteration.
II :r
The main concern is with the parking area and egress to the exit road. As you can see in
photography #2 (the white stakes are the property line) our current parking area is seriously
restricted. The request is to allow us to trim the toe allowing a backup pad on our property to
egress the road for a year around home.
Thank you for allowing us to present this request.
r.
I"'
1
-•*
3350 38th Ave. S.
Fargo, ND 58104
Tel 701-2808500
Fax 701-237-3191
www.ulteig.com
October 1,2008
Dr. Gary Renier, O.D.
4119 Timberline Dr. S.
Fargo, ND 58104
Retaining Wall Analysis
28615 State Highway 78
Ottertail, MN 56571
Subject:
Dear Dr. Renier,
As requested, Ulteig has investigated the possibility of adding a retaining wall to the residence at
28615 State Highway 78 in Ottertail, Minnesota. It is our understanding that the wall will support a
bluff that luis a slope of approximately 25 degrees (based on survey information obtained by j
Anderson Land Surveying, Inc.). The maximum haght of the soil retained will be 6 feet. A smnmary
of our analysis and recommendations are presented in the following report.
Analysis
Since a soil report was not available at the time of the analysis, the allowable soil bearing pres^e,
coeffident of friction, and lateral pressures were determined from recommendations made in me 2006
Intdnational Building Code (2006IBC). Due to the nature of the location of the project, a sandy soil
was assumed (dass SC). The following is a list of parameters used in the design of the retainirig wall.
Allowable Bearing Pressure; 2000 psf
Coeffident of Friction:
Active Lateral Pressure:
Passive Lateral Pressure:
The active lateral pressure was used to determine the overturning and sliding forces on the retaining wall (as per 2006 IBC section 1610.1). According to section 1806.1 of the 2006 IBC, the factor of |safety
from overturning and sliding shall be greater than 1.5.
(IBC Table 1804.2)
(IBC Table 1804.2)
(IBC Table 1610.1)
(IBC Table 1610.1)
025
60 pd
100 pcf
Page 1 of 20;\Proiect8\200g\10R.0606\Reiiier RetaininK Wall - Smietural Retxiitdoc .
Recommendations
Using the parameters listed above, it was determined that it is feasible to construct a retaining waU to
support the bluff and maintain a factor of safety of 1.5 against overturning and sliding. The wall shall
be constructed with the geometry shown in detail 1 on sheet SI (see attached). The concrete shall
have a minimiun 28 day compressive strength of 3000 psi, and the reinforcing bar shall be deformed
bar with minimum yield strength of 60 ksi.
Conclusions
With the recommendations included in this report, the proposed retaining wall will have adequate
strength to support the bluff. As was noted earlier, these recommendations are based on soil
properties determined in the 2006IBC using an assumed soil class of SC.
If you have any questions or concerns, please contact me at (701) 280-8636.
Sincerely,PROFESSIONAL ENGINEER
I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision and that I am a duly Licensed
Professional Engineer under the laws of the
State of Minnesota
Print Name:
Signature: —
\d\\ jnf License # 46031
Cassie McNames, PE
Structural Engineer passie McNames
Date.
Paee 2 of 20:\Pioiect8\2008\108.0606\Renier RctaininK Wall • Structural Reportdoc
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n SECTION
ISI
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RENIER RETAINING WALL
28615 STATE HWY 78
Bbmk-Dom-IMlUlias-Fa/go-HtnBapoSs-SnitFab
3350 38th Avenue South
Fargo, North Dakota 58104
: Phone: 701.280.8500 Fax; 701.280.8739
Web; www.ultelg.com
Drawn By: AMB
Checked By: CLM
Approved By: CLM
SI
"•I
Ultei Project N^ter;
Data: ,Sheets;
o:\h'ro]ecis\2008\i08.6^NDii^\ioB.0606 si.dwg
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I ocToegfl i.gQoa-
OTTERTAIL, MINNESOTA VofV
I
•• .7
3350 38th Ave. S.
Fargo, ND 58104
Tel 701-280-8500
F« 701-237-3191
www.ulteig.com
September 17, 2008
Dr. Gary Renier
4119 Timberline Drive South
Fargo, ND 58104
Subject: Retaining Wall Design
28615 State Highway 78, Ottertail, MN 56571
Dr. Renier,
Ulteig Engineers, Inc. appreciates the opportunity to submit this proposal for the design of a retaining
wall located on Ottertail Lake in Ottertail, Minnesota. It is our understanding that a portion of the
existing bluff on the property will be removed, and will need to be retained by a retaining wall. The
wall will be designed by Ulteig and will include any details necessary to ensure the project is
constructed properly. Ulteig will also prepare a preliminary engineering report to be presented to the
Land and Resource Inspector, Tim Gricp, for Ottertail County. It is recommended that a geotechnical
evaluation of the site be preformed prior to commencement of the retaining wall design to ensure the
wall is designed for the proper soil pressures.
We propose to provide the listed above for the following hourly not to exceed fee:
Retaining Wall Design..........................................................................................$ 1,200
We look forward to working with you on this project. If you agree to the scope of services and the fee
included in this proposal, please return a signed copy of the attached Engineering Service Agreement
to our office at your earliest convenience. If you have questions, please contact me at 701-280-8636. We
appreciate your confidence in us and the opportunity to serve you.
Sincerely,
Cassie McNames, PE
Project Manager
Page 1 of 10:'Proiccls^2008 108 0606 ConIracI Renier RctainiiiK Wall Pruposal.doc
Ultei 54
I
3360 38th Ave. S.
Fargo, NO 58104
Tel 701-280-8500
Fax 701 237 3191
Engineering Services Agreement
Dr. Gary Rcnier
4119 Timbcrline Drive South
Fargo, ND 58104
www.ulleig.com
Date: September 17, 2008Project Number: 108.0606
Project Name: Retaining Wall Design
Project Location: 28615 State Highway 78, Ottertail, MN 56571
Scope of Services: As per the attached proposal.
Fee Arrangement: As per the attached proposal.
Retainer Amounts: None
Special Conditions: None
Accepted By (Clicpt):Offered By (Engineer):
AC VfVU/V:)rbLL^<^
Si^^ure -f-Signature
Cassie McNames, PE/ProJcct Manager Dr. Gary Renier, Owner
Printed Nainc/TitlcPrinted>ja nie/Ti t li
9'/ 7^6)P
Carson LongliaC BS Market Leader Date
jnldDafe I
THE TERMS AND CONDITIONS ON THE FOLLOWING PAGE
IS PART OF THIS AGREEMENT.
0:\Projccls'2008\108.0606'Conlract\ESA - Renter Retaining Wa1l.doc
ULTEI6 ENGINEERS, INC.
TERMS AND CONDITIONS
The Engineer shall perform the services outlined in the Scope of Work section of this agreement in accordance
with the stated fee agreement.
Access to Site i
Unless otherwise stated, the Engineer will have access to the site for activities necessary for the performance of
the services. The Engineer will take precautions to minimize damage due to these activities, but has not
included the cost of restoration for any resulting damage in the fee.
Fee
The total fee shall be understood to be an estimate based upon the perceived Scope of Woiic. Where the fee
arrangement is on an hourly basis, the rates shall be those that prevail at the time services are rendered. Invoices
for services are due upon receipt.
Indemnifications
The Client shall indemnify and hold harmless the Engineer and all of its persotmel from and against any and all
claims, damages, losses, and expenses (including reasonable attorney fees) arising out of orjresulting from the
performance of the services, provided that such claims, damage, loss, or expose is caused in whole or in part
by the negligent act of omission, and/or strict liability of the Client, anyone directly or indirectly employed by
the Client (except the Engineer) or anyone for whose acts any of them may be liable. i
Hidden Conditions j
A condition is hidden if concealed by existing features or finishes or the Engineer is not capable of investigation
by reasonable visual observation. If the Engineer has reason to believe that such a condition may exist, the
Client shall authorize and pay for all costs associated with the investigation of such a| condition and, if
necessary, all costs necessary to correct said condition. If (1) the Client fails to authorize such investigation or
correction after due notification, or (2) the Engineer has no reason to believe that such a condition exists, the
Client is responsible for all risks associated with this condition, and the Engineer shall not be responsible for the
existing condition nor any resulting damages to persons or property. i
i
Risk Allocations
In recognition of the relative risks, rewards, and benefits of the project to both the Client and the Engineer, the
risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, the Engineer’s
total liability to the Client, for any and all injuries, claims, losses, expenses, damages, or claim expenses arising
out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000j the amount of the
Engineer's fee (whichever is ^eater) or other amount agreed upon whai added under special |conditions. Such
causes include, but are not limited to, the Engineer's negligence, errors, omissions, strict liability, breach of
contract, or breach of warranty.
Termination of Services
This agreement may be terminated within 10 days of receipt upon written notice by either party should the other
fail to perform his obligations hereunder. In the event of termination, the Client shall pay the Engineer for all
services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
Ownership Documents '
All documents produced by the Engineer under this agreement shall remain the property of the Engineer and
may not be used by this Client for any other endeavor without the written consent of the Engineer.
Applicable Law !
Unless otherwise specified, this agreement shall be governed by the laws of the principal place of business of
the Engineer.
O:\Projcc4sV2008M 08.0606\Contract\ESA - Renier Retaining Wall.doc
FAX COVER SHEET9^4 o i’H* p ® ^
• f « r “ ^Gary L. Renier O.D., Ltd
Pioneer Plaza
101 10th St. N. Ste 120
Fargo, ND 58102
Telephone: (701) 239-9771 Fax: (701) 293-0944
o ^
§r.
Date: Attention:
From: Gary L. Renier, O.D., Ltd
Number of Pages (including cover):3
Comment(s):
C&uJ^ '■
Confidentiality notice; This message is for the sole use of the Intended reclplent(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure, distribution, or copying
is prohibited. If you are not the intended recipient, please contact the sender.
888270 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 888270
this instrument #_____ \
was flled/recorded In this office
forTMord onthe ?/ day of
—UMQU^.__>2001 at JliStjarn/pm)
t/CmGO rBftQirtinfllftft
No delinquent taxes and transfer entered: Certificate of
Real Estate Value ( ) filed (
Certificate of Real Estate Value No.
) not required.
' Cifeai)L_DeputyWayne^ein, County Auditor
.well certificateby
0(>y / Uuii fHrtfLDeputy
QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $1.65
COUNTY OF OTTER TAIL I
STATE OF MINNESOTA D6E0 TAX S LCIS
number^- rT(oo^ lDATE kk7«jlA7.y>^ 1
(The total consideration for the transfer of
this property is $500.00 or less)
Date: August 21,2001.
FOR VALUABLE CONSIDERATION, Gary L. Renier and Sharon L. Renier, husband and
wife, Grantors, hereby convey and quit claim to Sharon L. Renier, Trustee of the Sharon L. Renier
Living Trust Agreement dated August 21,2001, Grantee, real property in Otter Tail County, Minne
sota, described as follows:
Lot 11 of Balmoral Beach together with all of the vacated portion of the public
road in Balmoral Beach which lies northeasterly of the southerly line of Lot 11,
if extended, and southwesterly of the northerly line of Lot 1 I j if extended
and
Part of Government Lot 2 in Section 31, Township 134 North, Rangej39 West
of the Fifth Principal Meridian, Otter Tail County, Minnesota, and described as
follows, to-wit:
Beginning at a stake 20.1 feet easterly from the southeast comer
of Lot 11 in Balmoral Beach according to the plat of same on file
and of record in the office of the Register of Deeds in and for said
Hkf' Qob- 3\-ov\^
O vss-^HVJl- oob -AR'
county and state and on a line with the south line of Lot ill
prolonged; thence South 59 degrees East a distance of248.3 feet,
more or less, to the right-of-way line of T.H. #78; thence North
40 degrees 38 minutes East along said highway right-of-way line
a distance of 76.2 feet; thence North 59 degrees West a distance
of 270.6 feet, more or less, to a point 20.2 feet easterly from the
northeast comer of said Lot 11 and on a line with the north line* of
said Lot 11 prolonged; thence South 24 degrees 30 minutes West
a distance of 75 feet to the point of beginning. Except easements
of record
together with all hereditaments and appurtenances belonging thereto.
!
GARY U RENIER
\Jr J!
" SHARON L.SnIER'
STATE OF NORTH DAKOTA )
) ss.
COUNTY OF GASS )
I
The foregoing instmment was acknowledged before me this 2 P day of August, 2001, by Gary
L. Renier and Sharon L. Renier, husband and wife.Itors,7
mNotary Public
My Commission expires;
C.NCHOLASVOGa NotaiyPuMc State of NoVtlMnlo mCumrnanbiimknnWIf
(se|l)
Tax Statements for the real proper^
described in this instrument should
be sent to:
THIS INSTRUMENT DRAFTED BY: )
C. Nicholas Vogel,
VOGEL, WEIR, HUNKE
i)
)
& McCORMICK, LTD. )!
502 First Avenue North )Sharon L. Renier, Tmstee
3726 Fairway Road NE
Fargo, ND 58102
Post Office Box 1389
Fargo, ND 58107-1389
)
)