HomeMy WebLinkAbout46000990332000_Variances_01-28-2016Variances
Barcode 128
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1170565
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
02/09/2016 9:19 AM
—-^oj • ■
RECEIVED
DEC 1 7 2015
LAND I RSeOl^RCE
FEE: 46.00
PAGES 4
WELL CERTIFICATE RECD: NX
CO
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
iS'ao"'’Application Fee
^0/
IZ-I/7//C
PROPERTY OWNER If A ■ A H i /./Jiy 71. 7 u 6 / -/4hlj ran DAYTIME PHONE 2lg 2 ll^
6 17 Cgur-I- S4. S Fq/It i
LAKE NAME (044cr Tail
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
MAILING ADDRESS
&DLAKE NUMBER LAKE CLASS
01 O'Hnr 7 g] ((771TOWNSHIP IlHSECTION RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESSOQO^U 2}1000 rr dri Loip R,ich\/ilh\
LEGAL DESCRIPTION
O-T C*/'4f Hrr*ri dc«ch J l^rccpf Trocis.Thr Bosi 10 ■P'f flf Boi II
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback X Structure Size Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
1 o'(' por'^'^l 1 fhrtr- an c.oS,y\ ne'l
Iht X'Jf o"f ^ h pf~t^ rriy,
\of^o4-
£c'^ bocl^ ■frciYi firoi^criy l,y\r on
X ^ rvT /ov- -(Vt?no-Un^
J B^loCt 'C CL<icL'~H O ,re
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 &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
i/L-
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
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
f.m.Date Of Hearing Time
Motion
Ahlgren and Lisa M. Tuel-Ahlgren — Variance application approved as requested with a condition. (6:37 p.m.)
After consideration an3^ion^, Steve Schierer made a motion, second by Thomas
ide lot line setback of 10’ for
unanimously carried, to
^ent of the proposed development
Sid as depicted in the drawings submitted with the
■i£.the^existing foundation cannot be used to support
with the ordinance setback
approve a variance of 7’ from the re^
as described in the variance application dated De2
variance application 3’ from the side lot line.^ath'
the proposed second floor addijj
requirements. H
rth
condition
ifthe structure must be placed in con^
rpT^^ctical difficulty is the location of the existing three season caB!Tr>?,
ifectly or indirectly grant any other variances for the proposed second floor addition.
wiance as granted
doj
Erik A. Ahlgren and Lisa M. Tuel-Ahlgren — Variance application approved as requested with a condition. (6:37 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 3’ from the required side lot line
setback of 10’ for the placement of the proposed development as described in the variance application dated December 17'^ 2015 and as depicted in the drawings submitted with
the variance application 7’ from the side lot line with the condition that if the existing foundation cannot be used to support the proposed second floor addition then the structure
must be placed in compliance with the ordinance setback requirements. Hardship/practical difficulty is the location of the existing three season cabin. The variance as granted does
not directly or indirectly grant any other variances for the proposed second floor addition.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
^ Yes (Contact Land & Resource Management)
No
Hi I
J L R Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
Erik A. Ahlgrcn and Lisa IVI. Tuel-Ahlgren — Variance application approved as requested with a condition. (6:37 p.m.)
Erik A. Ahlgren and Lisa M. Tuel-Ahlgren, part of Lot 11 Blue Heron Beach, Otter Tail Lake in Otter Tail
Township, requested the following: Addition of partial 2nd floor on existing cabin does not meet 10’ setback
from property line on the east side of the property. I am asking for a 3’ variance from the 10’ setback
requirement for the second floor addition. 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 Thomas
Lee and unanimously carried, to approve a variance of 7’ from the required side lot line setback of 10’ for the
placement of the proposed development as described in the variance application dated December 17'*’, 2015 and
as depicted in the drawings submitted with the variance application 3’ from the side lot line with the condition
that if the existing foundation cannot be used to support the proposed second floor addition then the structure
must be placed in compliance with the ordinance setback requirements. Hardship/practical difficulty is the
loeation of the existing three season cabin. The variance as granted does not directly or indirectly grant any
other variances for the proposed second floor addition.
Chad and Paula Ohnstad - Variance application approved as modified with a condition. (7:43 p.m.)
Chad and Paula Ohnstad, part of Government Lot 8, Section 2 of Dunn Township by Pelican Lake, requested
the following: Requesting a structure setback variance for proposed deck at 52’ from ordinary high water level.
Don Dabbert with Dabbert Custom Homes represented the applicants at the public hearing. The audience was
polled with no one speaking for or against the variance as requested. After consideration and discussion,
Thomas Lee made a motion, second by Ward Uggerud to approve the variance application as requested. This
motion failed with Paul Larson, Rick Wilson and Steve Schierer voting no. After additional discussion and
consideration, Paul Larson made a motion, second by Rick Wilson and carried with Steve Schierer voting no, to
approve the placement of the proposed deck as depicted on the drawings submitted with the variance
application (diameter size might vary as a result of the approve 60’ setback) 60’ from the ordinary high water
level with the condition that an existing shed (approximate size - 12' by 14’) must be removed on or before July
1, 2016. The applicants' representative voluntarily offered to remove the existing shed. Hardship/practical
difficulty is the topography of the applicants’ property. It was noted that the proposed development is like use
to other properties within this immediate area. It was also noted that the applicants have a very large parcel and
the proposed development will not obstruct the view from the adjacent properties. The variance as granted does
not directly or indirectly grant any other variances for the proposed second floor addition.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 6:55 p.m.
/<Prepared by:
Wayne Stein, Secretary
The minutes were mailed on Lriday, January 29, 2016, to the Otter Tail County Board of Adjustment. Official
action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled
meeting.
• Erik Ahlgren <erik@ahlRrenlaw.net>
• Today at 1:01 PM
To
• leerogness@yahoo.com
CC
• lisa@ahlgrenlaw.net
Message body
Lee,
Thank you for taking the time to speak with me this morning.
We have a three season cabin on Otter Tail Lake, located at 40150 Blue Heron Loop. We have a flat
roof which has started to leak. When replacing the roof, we decided to conduct a more major
remodeling, including the addition of a partial second story with a utility room and office on the second
floor.
• There will be no change to the foot print of the cabin.
• There will be no change in the number of bedrooms or bathrooms.
• Our roof line will be no higher than the cabin to our right, and have a substantially lower than the
cabin on our left.
• Our impervious surface has been calculated at 17.7%, and will not change.
• The Otter Tail Water Management District has been given notice and has not objected.
We are required to obtain a variance for the project because our existing cabin is located within the 10’
setback on the left side. Our neighbor is aware of the project and does not object.
Our problem is that we thought that the variance application would be heard on January 16, but now we
are told that it won’t be heard imtil April.
:b
■■ “ ' r'
^ Normally, variance applications are to be heard within 60 days, but when my wife (Lisa) submitted the
\ variance application, she was told by Lori in the Land & Resource Management office that if we did not
\ check the box waiving the 60 day rule, our permit could be denied and then we couldn’t reapply for the
1 same variance. Now we are being told, because everyone checked the box waiving the 60 day rule (and
\ that is understandable if they are all being told that their applications may be denied), all of the variance
\ applications were being pushed to the April hearing date.
I certainly understand that there may be a requirement to review the property lines, but the lines have
been staked and could be seen even without leaving a vehicle on the road, so snow or weather should not
be a major impediment. Moreover, there is no change other than the addition of a partial second story
on the existing footprint, so the scope of the project could be easily seen and understood without leaving
a vehicle on the road.
This causes us a hardship because ours is a summer cabin and will remain a summer cabin, but now the
work will need to be done during the summer - if we can even find people to do the work during the
summer. Because we have a roof leak that pushed us into this project, it is not work that can be pushed
off again until next fall.
A copy information showing the scope of the project is attached.
I am hopeful that you may be able to help us expedite this process, and am appreciative of your time.
Erik A. Ahlgren | Attorney
Suite 105 (East Entrance)
Wells Fargo Center
220 W. Washington Ave
Fergus Falls, MN 56537
® Office: 218-998-2775
® Cell:(218) 205-7356
m Fax: (218) 998-6404
El Email: erik(S)ahlqrenlaw.net
Bk INTERSTATE
[
December 11,2015
Otter Tail County
Department of Land & Resources
540 West Fir
Fergus Falls, MN 56537
RE: Application for Variance
Otter Tail Lake
Eric and Lisa Ahlgren Property
40150 Blue Heron Loop
F15 04 210
To Whom It May Concern:
On behalf of Eric and Lisa, I have prepared this Application for Variance. The project is to remodel
and add a partial second floor to the existing dwelling.
All Construction for this project will be completed within the existing building foot print and no earth
will be moved in the process. The remodeled dwelling will maintain the existing foot print of the
existing structure so it is my understanding this work will not require a variance. The new partial
second floor will be also be built entirely within the existing foot print of the existing cabin but it does
not meet the setback requirement to the East Property Boundary.
Drawing(attached) distances are shown to all property boundaries, County right of way and the
shoreline and you can see that the new construction, partial second floor, meets all other setbacks
and therefor the Application for Variance to the 10 foot setback to the East Property Boundary.
On Sheet 1 Scale
If you have any questions or need any additional information please do not hesitate to contact me at
218-739-5545.
Sincerely,
INTERSTATE ENGINEERING, INC.
Alex Schwarzhoff, PE
Project Engineer
C:Eric and Lisa Ahlgren
Professionals you need, people you trust
P.O. Box 316 • 116 East Washington Avenue • Fergus Falls, MN 56538-0316 • P: 218-739-5545 • F: 218-739-4814 • www.interstateeng.com
Offices in: North Dakota • Montana • Minnesota • South Dakota
Notice of Hearing for Variance
otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTCRTim
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern;
Erik A. Ahlgren and Lisa M. Tuel-Ahlgren
617 Court St. S.
Fergus Falls, MN 56537
has/have 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, January 28, 2016 at 6:30 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
the East 90’ of Lot 11 of Blue Heron Beach, except tracts.
Property Address - 40150 Blue Heron Loop
Section 7, Township 134, Range 39 - Township Name - Otter Tail
Lake No. 56-242, Lake Name - Otter Tail, Class - GD
The variance requested is -
the following: Addition of partial 2nd floor on existing cabin does not meet 10’ setback from property line on the east
side of the property. I am asking for a 3’ variance from the 10’ setback requirement for the second floor addition.
Wi^ne Stein
Board of Adjustment Secretary
January 5, 2016
r"
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel #^L/)()n ^^0 WLOOD
described in my
dated i'X-17'-/.^
Application\J Qr'\of\r.e
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 Application(s).
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 action on my Application(s).
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
alternative but to deny my Application(s).
A
PROPERTY OWNER
1 fr
DATED
01-03-2011
Mbowman app &forms- waiver 60 day rule
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel #
described in my n ^_
dated ____________.
Application
Since this is the case, it may not be possible for Otter Tall County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
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 action on my Application(s).
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
alternative but to deny my Application(s).
DATED u MPROPERTY OWNER
01-03-2011
LR: Forms: Waiver 60 Day Rule 01-03-2011
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 5th, day of January, 2016 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Erik A and Lisa M Tuel Ahlgren, 617 Court St S, Fergus Falls, MN 56537 2705
Greg Swanberg, Twp Clerk of Ottertail, 41701 295*'' St, Battle Lake, MN 56515
Otter Tail Lake Assoc., 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
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Jodi L Sazama, 650 Third Ave SE, Ste 4, Perham, MN 56573
Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537
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: January 5th, 2016
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
i
mu
?
SPENCER D & MARILYN T BERRY
4226 COVENTRY DR S
FARGO, ND 58104 4252
ERIK A & LISA M TUEL AHLGREN
617 COURT STS
FERGUS FALLS, MN 56537 2705
BLADOW TST
40044 BLUE HERON LOOP
RICHVILLE, MN 56576 9546
MARLENE GAST
C/0 GAST CONSTRUCTION
PO BOX 833
WAHPETON, ND 58075 833
DARLENE J KIHNE TST
5008 ELDERBERRY CIRS
SIOUX FALLS, SD 57108 2847
BRANDT TST
40110 BLUE HERON LOOP
RICHVILLE, MN 56576 9546
PATRICIA PIEKARSKI LETICH
40090 BLUE HERON LOOP
RICHVILLE, MN 56576 9546
BETH L HORLOCKER
40126 BLUE HERON LOOP
RICHVILLE, MN 56576 9546
HAGERTST
4420 37TH AVE S APT 706
FARGO, ND 58104 3401
DOUGLAS W & DALLAS W LOFF
7175 170TH AVE SE
WAHPETON, ND 58075 9777
ELEANOR NELSON TRUSTEE
44141 DATE AVE
LANCASTER, CA 93534 4426
DOUGLAS & LORI LOFF
7175 170TH AVE SE
WAHPETON, ND 58075 9777
MARGIT H ROGNLIE TST
ATTN MARGIT ROGNLIE
1200 HARWOOD DR S APT 128
FARGO, ND 58104 6299
LINDA JOHANSON SCHULTZ ETAL
PO BOX 942
CASSELTON, ND 58012 942
JEROME M SAMPSON
4745 WOODHAVEN STS
FARGO, ND 58104 4246
JULIE VCULEK ETAL
8053 116TH AVE SE
CRETE, ND 58040 9767
JULIE VCULEK
8053 116TH AVE SE
CRETE, ND 58040 9767
ELAINE THIEL TST
915 UNION AVE S
FERGUS FALLS, MN 56537 2716
iI Part Of Lot 11, Blue Heron Beach
Section 7, Township 134 North, Range 39 West,
Otter Tail County, Minnesota
_____ior(,R) ._ J'-l''-^lr "ws (R)
- 105.4't*^)OUND IRON
PIPE‘TT 125.00'
FOUND IRON PIPE \LS 14676
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SANITARY SEWERIMANHOLEI
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EXISTING WATER ELEVATION ON
7/24/2014 = 1322.2
MSL 1912 ADJUSTMENT PER
MN/DNR.
‘ORDINARY HIGH WATER EL.
= 1321.3 MSL 1912.
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AT WATER'S EDGE LAKETAILOTTER
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 Surveyor
under the laws of the state of
Minnesota.
^JkMjCZ. Z PLirAjM/j
Lie. No.Name
Signatore' ___
Date
r^ev
Date By Desaiption
CABIN REMODEL
ERIC AHLGREN
OTTER TAIL LAKE, MN
NoInterstate Engineering, Inc.
P.O. Box 316
116 East Washington Avenue
Fergus Falls, MN 56536-0316
Ph (218) 739-5545
Fax (218) 739-4814 www.lnterstateeng.com
Offices tn North Dakota, Minnesota. Montana and South Dakota
1 INTERSTATEENGINEERING Proposed Second Floor Plan
JMW F150421QSurveyed By:
Designed By:
Drawn By:
jDhecked By:
Project No:Professionals you need, people you tnjst.AS DEC. 2015ASDate:Sheet Number
Part Of Lot 11, Blue Heron Beach
Section 7, Township 134 North, Range 39 West,
Otter Tail County, Minnesota
------V'.'ioT (W '107^10, _"05'IrV
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‘ORDINARY HIGH WATER EL.
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LAKETAILOTTER
Description of Record (Source: Warranty Deed - Document No 932769)
The East 90 feet of Lot 11 of Blue Heron Beach, except that part of said Lot 11
described as follows: Commencing at the Southeast corner of said Lot 11; thence
West 30 feet; thence in a northeriy direction about 177 feet to a point 25 feet West
of the Northeast corner of said Lot 11; thence East 25 feet to the said Northeast
corner of said Lot 11; thence south along the east line of said lot 177 feet to the
point of beginning, according to a plat thereof on file and of record in the office of the
County Recorder in and for said County and State.
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and that i am a duiy Licensed Land Surveyor under the iaws of the State of Minnes^.
Also that part of Section 7-134-39, lying and being between Lot 11 of Blue Heron
Beach on the north and Otter Tail Lake on the south, and between a line running
from a point 25 feet west of the northeast corner of said Lot 11 through a point 30
feet west of the southeast corner of said Lot 11 extended southerly to the shore line
of said lake on the east and a line parallel to and 90 feet west of the common lot line
of lots 11 and 12 of Blue Heron Beach extended Southerly to the shore line of said
lake on the west.
Michael L. Fletchall
Date f
44866
License No.
Surveyed & Platted by:
INTERSTATE
ENGINEERING
PfoJ. No.:P14t30t9 SURVEY FOR:
Ooto; Aumist 3014
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GLULAM BEAM SEE OPTIONS THIS SHEET
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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.m2'-9”30'-6"ALEXANDER SCHWARZHOFF 47119
Lie. No.i Name
11-11'IK' ^PROPOSED 1ST FLOOR PLAN
^ Date
Sheet Number12/11/2015
a\20i5tl5-04«vis 04 210 Ani^wi Lake CaMMCAOOtBtMino Layoutdon
48'-0"
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li 1I hereby certify that this plan,
specification, or report was prepared by
me or under my direct supervision and
that i am a duiy Licensed Professionai
Engineer under the laws of the state of Minnesota.mPROPOSED 2ND FLOOR PLAN
ALEXANDER SCHWARZHOFF 47119
Lie. No.Name
S312-H- if
^ Date
Sheet Numbar
a\201R15-04i\F15 04 210 Ahlgiw Lake CablnICADCISBuMng LayouLOgn
1201/2015