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Home My WebLink About46000990337001_Variances_05-10-2018Variances 2 Barcode 128 ‘5-lb‘20ife; 4 'r Date Stamp 1206265ni CO CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/17/2018 11:33 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N PECElVcD ? APR 1 3 2018 ~ i.ANDaRESO(iRCE CO — GD . mL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.us91TIRT|in ^'5oo-noApplication Fee Receipt Number im.^fAccepted by Date iProperty Owner (j^AWr, l/.wkt , fA A-lJNameJane Miller Address 1715 Red River Court City Wahpeton State ND Zip 58075 Daytime Phone 701-642-9542 Email brian@cretefarm.com Parcel Information Lake No 242 Lake Name Otter Tail Lake Class GD Parcel Number(s)46000990337001 Parcel Number(s) 2-HCv~tru\ Ucij>- W IQO' pi T< pla^J -*■ - Blw 134 -Township Name Section 07 Legal Description Physical Address 40226 BLUE HERON LOOP, RICHVILLE TYPE OF VARIANCE REQUESTED (Please Check) 1Structure Setback I IZJstructure Size Sewage System Subdivision mClusterMiscellaneousWECS 1 : ■ SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 1. Raise the existing detached garage 48" and place it on a new concrete foundation in the same location. Current height at peak of roof would increase from 16' to 20' 2. The detached garage is currently 5' from the septic system. The garage would remain 5' away from the septic. 3. Change the access point of the owners lot from Blue Heron Ln to Blue Heron Loop. We would remove a portion of the pavement and replace it with a reduced amount of pavement to create the new driveway. The existing impervious would be reduced by 60.5 sf. 4. The location of the new driveway would be placed 5' from the west lot line (5' into the setback) in order to avoid disrupting the septic system that is next to the garage. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERST^NO^AT 0|WER PERMITS MAY BE REQUIRED. MANAGEM^PJ^Eg^DING Tl\lS^ATTER. t SIGNAnjRE4}F pRoPEI RESPONSIBILITY TO CONTAa LAND & RESOURCE ;r/agent for ownei DATE APPLICANT PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Tlme of Hearing) Date of Hearing Time Motion Ju ie Vculex Et Al - Variance application approved as requested with conditions. (8:22 p.m.) Af :er discussion and consideration, Thomas Lee made a motion, seconded by Rick Wilson and carried, with Darren Newville voting no to approve Items 1, 3 and 4 as stated in the variance application dated April 12, 2018 with the following conditions: 1.) there must be an erosion control plan, 2.) there must be a storm water plan, 3.) the township must grant their permission as it relates to the pr< posed access change and 4.) the septic system must be brought into compliance. The variances as approved do not directly or inc irectly grant any other variances for proposed or future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management No Note: If Yes, contact Land & Resource Management krrui ftodU)ijuiil.Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 Robert Hyslop - Variance application approved as requested. (7:45 p.in.) Robert Hyslop, part of Government Lot 3, Section 19 of Dane Prairie Township by Swan Lake, requested a 20’ variance from the 50’ shore impact zone setback and a 70’ variance from the 100’ structure setback for the placement of a 1,705 square foot dwelling 30’ from lake edge. Existing (previous) home was 16’ from lake. Was removed Fall of 2017. The applicant was represented at the public hearing by Wayne Enquist, Treasurer - Swan Lake Club, Mark Jacobs, Contractor and Scott Demartelaere, Architect. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously carried, to approve a variance of 20’ from the required shore impact zone setback of 50’ and a variance of 70’ from the required ordinary high-water level setback of 100’ for the placement of 1,705 square foot house 30’ from the ordinaiy high-water level. The hardship/practical difficulty is the limited available space on the property for the placement of a new dwelling and the installation of a new septic system. It was noted that the proposed structure is slightly smaller than the previous home, which was removed in the Fall of 2017. The proposed development is like other development within this immediate area and the proposed location is perhaps the best location. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Smith Lake Property Partnership - Variance application approved as requested with a condition. (7:58 p.m.) Smith Lake Property Partnership, part of Government Lot 2, Section 1 of Everts 1 ownship by Otter Tail Lake, requested a variance to add a second level to existing garage. Structure will be considered a dwelling as change in height is above 20’ and setback of cunent building will not change. Setback to remain at 4’ at closest point from lot line. No change to impervious surface. Previous variance approved for a garage at 4’ from lot line. Sam Storo, Contractor appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve the variance as requested for the addition of a second level to the existing structure with the condition that if the proposed second level cannot be added to the existing structure than the rebuilt structure must be placed at least 5’ from the side lot line and at least 20’ from the road right-of-way. In other words, if the existing structure is demolished and if the proposed development will be constructed from the ground up then the conditions stated above apply. Hardship/practical difficulty is the location of the existing structure. The variance as approved docs not directly or indirectly grant any other variances for proposed or future development. Randy Bade - Denied. (8:15 p.m.) Randy Bade, part of Government Lot 7, Section 7 of Gorman Township by Silver Lake, requested a variance to place a new house 130’ from ordinary high-water level. Want to move new house closer to lake, so that we can get out of waterway from water from neighbors and road and would also like to put up a shop down in low area, so 1 don’t have'to dig into hillside by road and keep things more together. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Danen Newville made a motion, seconded by Steve Schierer and carried with Rick Wilson voting no, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested. The applicant has a standard sized lot and should be able to meet the required setbacks. Julie Veulex Et A1 - Variance application approved as requested with conditions. (8:22 p.m.) Julie Veulex Et AL, part of Lot 16 Blue Heron Beach by Otter Tail Lake in Otter Tail Fownship, requested the following: 1.) Raise the existing detached garage 48” and place it on a new concrete foundation iti the same location. Current height at peak of roof would increase from 16’ to 20’, 2.) The detached garage is cunently 5’ from the septic system. The garage would remain 5’ away from the septic, 3.) Change the access point of the owners’ lot from Blue Heron Lane to Blue Heron Loop. We would remove a portion of the pavement and replace it with a reduced amount of pavement to create the new driveway. The existing impervious would be reduced by 60.5 square feet. 4.) The location of the new driveway would be placed 5’ from the west lot line (5’ into the setback) in order to avoid disrupting the septic systems that is next to the garage. The audience was polled with Dave Kantrud and Bemie Steeves expressing concerns with potential run off issues. After discu.ssion and consideration, Thomas Lee made a motion, seconded by Rick Wilson and carried, with Darren Newville voting no, to approve Items 1,3 and 4 as stated in the variance application dated April 12, 2018 with the following conditions: 1.) there must be an erosion control plan, 2.) there must be a storm water plan, 3.) the township must grant their pennission as it relates to the proposed access change and 4.) the septic system must be brought into compliance. The variances as approved do not directly or indirectly grant any other variances for proposed or fiiture development. May 10, 2018Page I 3 i 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 23rd, day of April, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jane Miller, 1715 Red River Court, Wahpeton, ND 58075 Brad Neuerburg, 44434 Harvest Ave, PO Box 148, Perham, MN 56573 Otter Tail lake Assoc., PO Box 21, Battle Lake, MN 56515 Greg Swanberg, Twp Clerk of Ottertail, 41701 295**’ St, 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 1^' Ave N, Fergus Falls, MN 56537 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6"^ St NE, 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: April 23rd, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud LISA M TUEL & ERIK A AHLGREN 617 COURT STS FERGUS FALLS, MN 56537-2705 WARREN RUSSELL & VONETTE BUSCH 40274 BLUE HERON LN RICHVILLE, MN 56576-9545 SPENCER D & MARILYN T BERRY 4226 COVENTRY DR S FARGO, ND 58104-4252 BRITTANY CAMPANA 40110 BLUE HERON LOOP RICHVILLE, MN 56576-9546 MARLENE CAST 2000 4TH ST N APT 224 WAHPETON, ND 58075-3434 G A GLOEGETST 2525 FIRST ST APT A429 FORT MYERS, FL 33901-4403 BETH L HORLOCKER 40126 BLUE HERON LOOP RICHVILLE, MN 56576-9546 TIM & KELLY MILLER 18185 COUNTY ROAD 16 WAHPETON, ND 58075-9533 JOSEPH B & KAREN K HEUER 40168 BLUE HERON LOOP RICHVILLE, MN 56576-9546 JOHN T & SHARON A OKSNESS TSTS 715 MCKENZIE ST N LUVERNE, MN 56156-1334 THOMAS A POLITISKI 40314 BLUE HERON LN RICHVILLE, MN 56576-9545 JEFFREY P & DEIDRE M NELSON 18069 78TH STSE WAHPETON, ND 58075-9306 JEROME M SAMPSON 4745 WOODHAVEN ST S FARGO, ND 58104-4246 SHAMPO INVESTMENTS LLC 40136 BLUE HERON LOOP RICHVILLE, MN 56576- DAVIDSTURDEVANT 40423 COUNTY HIGHWAY 1 RICHVILLE, MN 56576- JULIE VCULEK 8053 I I6TH AVESE CRETE, ND 58040-9767 ELAINE THIEL TST 915 UNION AVES FERGUS FALLS, MN 56537-2716 JULIE VCULEK ET AL 8053 1 16TH AVESE CRETE, ND 58040-9767 . ROBERTCJR VOSS ET AL 2079 HELMO AVE N OAKDALE, MN 55128-5215 THOMAS C & ROBIN A WILSON 1700 PLYMOUTH RD #626 MINNETONKA, MN 55305-1991 Brad Neuerburg 44434 Harvest Ave PO Box 148 Perham, MN 56573 Jane Miller 1715 Red River Court Wahpeton, ND 58075 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.mh.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Brad Neuerburg 44434 Harvest Ave PO Box 148 Perham, MN 56573 Julie Vculek Et Al C/0 Jane Miller 1715 Red River Court Wahpeton, ND 58075 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, May 10, 2018 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 Part of Lot 16,' j Property Address - 40226 Blue Heron Loop - 56576 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: 1. Raise the existing detached garage 48” and place it on a new concrete foundation in the same location. Current height at peak of roof would increase from 16’ to 20’. 2. The detached garage is currently 5’ from the septic system. The garage would remain 5’ away from the septic. 3. Change the access point of the owners’ lot from Blue Heron Lane to Blue Heron Loop. We would remove a portion of the pavement and replace it with a reduced amount of pavement to create the new driveway. The existing impervious'would be reduced by 60.5 square feet. 4. The location of the new driveway would be placed 5’ from the west lot line (5’ into the setback) in order to avoid disrupting the septic systems that is next to the garage. ‘Wayne Stein Board of Adjustment Secretary April 20, 2018 New Driveway 10' Setback 10' Setback Added 550.0813 ft2 Remove\ 506.5924 ft2 Sewer Cover o Remove 103.8657 ft2 - replace with grass \ Paved Driveway »Proposed Impervious\Existing Impervious \ V 22,978.5 Sf (Total Lot) 7,279.4 sf (Impervious) Impervious = 31.67% Well22,978.5 sf (Total Lot) 7,339.9 sf (Impervious) Impervious = 31.94%iV (reduced impervious by 60.5 sf) Cabin\} a10' Setback 10' Setback \jaVte•\a\\ Site Plan (EXISTING) r = 40'-0"Site Plan (PROPOSED) r = 40'-0' Project Name: Miller-Vculek Garage Repair/New Driveway 40226 Blue Heron Loop 56576 Location: Job Number: Date Issued:Site PlansHAMMERSOtterTail Lake TBD 4.11.18 CONSTRUCTION ed Site Plan on Sheet A2 for more info New Driveway [Fill Area]10' Setback 10' Setback Added 550.0813 ft2 Remove 506.5924 ft2-<kSewer Cover ss APrevious Lift Station Remove 103.8657 - replace with grass 8" Deep Cut to\ Create Storm&Water Detention AreaPaved Driveway to Serve Both Lots New Lift Station [CUT AREA] \Existing Impervious Well22,978.5 sf (Total Lot) 7,339.9 sf (Impervious) Impervious = 31.94% Adjacent PropertyProposed Impervio owned by Applicant as well22,978.5 sf (Total l/t) 7,279.4 sf (Impervious) Impervious = 31.57%Cabin (reduced impervious by 60.5 sf) - /'?7Z-tback 10' Setback -1^0\ Site Plan (EXISTING) i" = 40'-0"Site Plan (PROPOSED) i" = 40'-0" 0^^7001 Project Name: Miller-Vculek Garage Repair / New Driveway 40226 Blue Heron Loop 56576 Location:Job Number: Date Issued:Site PlansHAMMERSOtterTail Lake 18.039 6.20.18 CONSTRUCTION Erosion and Storm Water Control Plan Driveway Pitches East to Keep Storm Water on Owners PropertyNew Driveway Access from Blue Heron Loop [FILL AREA] Silt Fence 10' Setback ^ ’--1 Silt Fence Adjacent Property owned by Applicant as well \ \te Storm\I Detention IServp,rea\toSilt Fence I 10' Setback Key Plan i" = 50'-0' Enlarged Site Plan i/i6" = T-0" Project Name: Miller-Vculek Garage Repair/ New Driveway 40226 Blue Heron Loop 56576 Erosion and Storm WaterLocation:Job Number:Date Issued:HAMMERSOtterTail Lake 18.039 6.20.18 CONSTRUCTION