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HomeMy WebLinkAbout46000990651000_Variances_11-08-2005Variances 2 Barcode 128 U'8'2CC5 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us September 28, 2005 Roger Burris 42297 Sugar Maple Dr Ottertail, MN 56571 ^RE; Variance approval \l^ke (56-210)...... '; liots 17-20 Echo Ranch Riviwa-4^Additi©nr' Dear Mr. Burris, Your Variance which was heard at the September 8, 2005 Board of Adjustment Meeting was approved as requested with a condition. This condition was that all structures/buildings must be placed in locations that comply with the setback requirements of the Shoreland Management Ordinance. According to the survey map it appears the storage shed located on 18 will be removed and the garage located on Lot 19 will be moved to Lot 18 within the legal setbacks. A Site Permit would be required for the garage relocation and a Site Permit Application was enclosed with a copy of your Variance approval which was recently mailed to you. Once we have inspected the Site Permit and confirmed the relocation of the garage and the removal of the storage shed, our office will create two separate files for the parcels. Are you to remain the owner of both parcels or will one be sold? If you have any questions regarding this matter, please contact me. Mavis Samuelson Permit Technician m'3 Page 2 Mort and Wendy Windeis - Denied. (6:48 p.m.) Mort and Wendy Windeis, Lots 19 and 20 Echo Ranch Riviera Fourth Addition, Long Lake in Otter Tail Township, requested the following: Variance previously granted on September 8, 2005. We wish to request variance on one of the conditions to allow a 3 car garage to remain in its current location. The applicant is asking for a variance on Lake Setback of 4’ and side lot line setback of 1.5’ for the present location of a 3 car garage on Lot 19. The required side lot line setback is 10’ and the required ordinary high water level setback is 100’. The audience was polled with Roger Burris, the September 8, 2005 applicant, speaking for the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to deny the variance as requested and « to affirm the Board’s support of the variance as previously granted on September 8, 2005. After additional discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to require that the non complying structure must be placed intoaadcompliant location on or before * September, SO, 2006* The Board noted that the September 8, 2005 approval was based on the condition that all non complying structures would be placed in compliant locations. Lisa M Fjoslien Mcelwee - Approved modified building setback with a condition. (6:58 p.m.) Lisa M Fjoslien Mcelwee, part of Government Lot 1, Section 10 of Eagle Lake Township by Eagle Lake, requested the following: a variance of lakeshore setback for new construction. The applicant is requesting a building setback at the “Line of Sight” and/or old house location. Old house location was equal to the “line of sight” of the adjoining properties (32' from lake). The required ordinary high water level setback is 75’ and the required shore impact zone setback is 37.5’. Mike Lange, Contractor, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve a variance of 37.5’ from the required ordinary high water level setback of 75’ for the location of a house building site 37.5’ from the ordinary high water level with the condition that existing shed must be either removed or placed in a legal location prior to the issuance of a site permit for the proposed new construction. The variance as approved will keep the proposed development out of the shore impact zone and will provide the applicant with a reasonable use of her property. It should be noted that the variance as approved does not directly or indirectly grant any other variances. Robert and Myila Nogowski - Approved the variance application as requested. (7:08 p.m.) Robert and Myila Nogowski, part of Government Lot 4, part of the Southwest Quarter of the Southeast Quarter and part of Sub Lot 1 Section 8 of Tumuli Township by Mineral Lake, requested the following: Permit was given on November 7, 1980 to install 16’ by 76’ Mobile Home 122’ from the ordinary high water level. Proposed new home will be at 122’ and 12’ wider going to the north and 16’ shorter from the east. The applicants are also proposing a 24’ by 28’ detached garage, 8’ by 10’ sunroom and 10’ by 10’ deck. The 8’ by 10’ sunroom will be 112’ from the ordinary high water level. The 10’ by 10’ deck will be on the north side of the proposed dwelling and will be approximately 150 to 153’ from the ordinary high water level of the lake. The proposed 24’ by 28’ garage will be approximately 158’ from the ordinary high water level of the lake. The required ordinary high water level setback is 200’. The drawing submitted with the variance application indicates an area described as back water. The drawing also provides distances from the proposed structures to the backwater area. Variances from the back water area will be necessary if the back water area is considered a part of the lake. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the variance as requested in the application dated April 19"'' 2006 and as depicted on the drawing dated May 2, 2006. The Board noted the following as reasons for approving the variance application as requested: 1.) the unique shape and terrain of the applicant’s property, 2.) reasonable size of the proposed development (not over building), 3.) a legally placed septic system can be installed and 4.) the proposed development does not restrict view from the adjacent properties.C / 983891• \OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #— fiied/recorded In this office d on,the_0_day of .n h 2005 at Ivielcalf. Coupty ^^^er ^Qeputy 983891 was for rec O '^recording in well certifrcate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739 -2271 COMPLETE THIS APPLICATION IN BLACK INK itirk•kieit J , a Application Fee Receipt Number Accepted By / Date Ro ^V^o-v/tT ‘ S ZVU L^cx-Vp <2-^"DAYTIME PHONEPROPERTY OWNER lake name L.ov^C\- ADDRESS Si LAKE CLASSLAKE NUMBER Obbc-v/ Tcxa I\1M h TOWNSHIP NAMETOWNSHIPRANGESECTION ^ ^ ac^*=\*=\o oo<^o E-911 AddressPARCEL NUMBER nb^!^ n/e^xi. /YD LEGAL DESCRIPTION ^ cSs Ec.WC) (^»OvCVOk. ^TC 0 fUot TYPE OF VARIANCE REQUESTED (Please Check) Jli/^^ubdivision ^Cluster Misc.Structure Size____Sewage SystemStructure Setback /of ij'M lot 17^1$ se,cc>^c*fot u>,flh<^ Jet:J.o^ Tkc 3fccie of /V^y)^ci>ota. 6ok^hii^(rJ o^ll fbt*^ Ic^ts as ^ue* oJecu/e ASlcm^ foY Ca. oc^i'^^ce, to S«43c//<j/eJ fckc /o/s )o^ 6Ae h^5-^op/ceJpjeji^ p^'oi^ssd ii\ S^fHa/c. '^«<^CMV<cUxt.c£n.f ^ir Y^ do-»-;>c,lci|pVA<\c.tAl • Tkc. WcciA'^^U^* o* SULlQ'5)‘t<vwioV<i VcCc^cL A*%.A LOCs«-»-/ci K2,Sc>|(Je-i OvcLC-f < CaI cJ/, /*doiV<ce^«g Ptfc.^evf-g^ V<lO>>>p>tig3Lkld» c^5g ■ Li.^C U loc S/»v^c I UNDERSTANCMH^ I HAVE APPLIED FOR AVARIANCE FROM THE REQUIREMENTS OF THE SHORELAND ^ MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. &/ n )c*9 DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) / • ^ —Date Of Hearing Time Motion Roger Burris - Approved as requested with a condition. (7:56 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve the variance as requested with the condition that all structures/buildings must be placed in locations that comply with the setback requirements of the Shoreland Management Ordinance. The Board noted that the proposed lots have the required frontage and the condition placed on the approval will result in a significant improvement to the property. Chairman/Otter Tail County Board of Adjustment Pen^(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) C- No L R Officialfeate ' Copy of Application Mailed to Applicant And the MN DNR__. . i bk 0501-001 305,391 • Vidor Lundeen Cc., Printers, Fergus Falls, MN • 1-800-346-4870 "Page 4 .P^ Rooert A and Helen Neff - Approve the variance as requested for the development as depicted on the drawing submitted at the hearing. (7:37 p.m.) - Continued After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 35' from the required ordinary high water level setback of 100’ for the placement of the proposed development as depicted on Mr. Huddelston’s revised drawing 65’ from the ordinary high water level. The Board noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Wesley and Phyllis Binner - Tabled. (7:45 p.m.) Wesley and Phyllis Binner, Lot 4 Bill Ra Al Acres, Heilberger Lake in Friberg Township, requested the following: 1. variance of septic system (tank, lift, pump station, drain field) within 3’ of northern property line (existing drive), and 2. construction of three-season porch - variance to ordinary high water level (shortest distance southwest corner - inside standards 14’ variance to 100’ ordinary high water level (setback to be 86’). The applicants indicated that after additional review and consideration they would like to change their variance request. Instead of being within 3’ of the northern property line they would like to be 0’ and instead of a variance of 14’ from the ordinary high water level they would like a variance of 25’. The audience was polled with John Gerhardson speaking against the variance as requested. The Board informed the applicants that they could not act on the requested changes since these changes require greater variances from the requirements than what was requested in the original application. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table this application until the October 6, 2005 meeting of the Board of Adjustment and to direct that the applicants provide the office with a revised application no later than 3 p.m. on Thursday, September 15, 2005 and to direct the Secretary of the Board to provide notification of the changed application by the normal notification process. Jkooer ^urns - ApprovMl as requested W7W”a COTdtlton. (7:58 _ ___________ ^ HRBV Roger Burris, Lots 17, 18, 19 and 20 Echo Ranch Riviera 4''’ Addition, Long Lake in Otter Tail Township, requested a variance to subdivide Lots 17, 18, 19, and 20 into two lots. The first proposed lot will be lots 17 and 18 and the second proposed lot will be Lots 19 and 20. The State of Minnesota had combined all four lots as one. We are asking for a variance to subdivide the lots by the historical platted line, which limits the proposed lots in square footage requirement for recreational development. The hardship is substandard lots of record and would resolve the practical difficulty, making the property of reasonable use. The use will be for single family residential use. The minimum size required for platted lots on a recreational development lake is 150’ of water frontage, 150’ of width at the building setback and 40,000 square feet of area. Jim Peterson, Surveyor, appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve the variance as requested with the condition that all structures/buildings must be placed in locations that comply with the setback requirements of the Shoreland Management Ordinance. The Board noted that the proposed lots have the required frontage and the condition placed on the approval will result in a significant improvement to the property. LOTS H - 20LOTS 17 - /a EXISTING CONDITIONS EXISTING CONDITIONS IMPERVIOUS AREA « 1,641 SFIMPERVIOUS AREA * 7,22! SF IMPERVIOUS X = 20.4X IMPERVIOUS X - 4.^X SCALE: 1 INCH — 30 FEET BEARINGS ARE BASED ON AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND.LOTS /<? - 20LOTS !7 - /a PROPOSED CONDITIONS O DENOTES IRON MONUMENT SET MARKED ”PLS 13620 <Sc 17825". PROPOSED CONDITIONS IMPERVIOUS AREA - 676 SFIMPERVIOUS AREA = 7,36>^ SF IMPERVIOUS X » 20.&X {COULD BE LESS IF GARAGE GETS nOVED TO EXISTING BITUtllNOUS SURFACED IMPERVIOUS X - 2.2X ANGLE POINT IN TNE ORIGINAL PLAT SURVEY UNE STRUCTURE NOTES: THE STORAGE SPED ON LOT 13 HILL BE REMOVED UPON VARIANCE APPROVAL. THE GARAGE ON LOT 1^ HILL BE MOVED TO LOT 13 AND BROUGHT INTO SETBACK COMPLIANCE UPON VARIANCE APPROVAL.ORIGINAL PLATISURVEY LINE E'LY LINE OF LOT 20 ANGLE POINT IN TNE ORIGINAL PLAT SURVEY LINE ■ mCPLAT ZW.OO)/ 3N w 26<^.dd. 14.9^ rptAT -r-149.94 104.95fPUAT bo;WAT SLAB N'LY LINE OFORIGINAL PLAT SURVEY LINE LOT 17 8 NOT TUB 51 SF iUICAMPERNELL173 SF0 /& •H ci£H '"PROPAN^ CUZD /JL- ^ DECK 1iU /GARAGEI^ I 5^mS /BITUMINOUS307 SF 963 SF/F-/SURFACE/ 4,0&2 SF Z '"INOUSEZ oo366 SF1,516 SF yIGARAGE I'' 1617•< p 1 I15 / (r—MANNOL.i I Itr\L-'w-n w P A Kl/^l Irv/-\i N nI L______ §I CENTERLINE N-<r N<0 Ir-rNi 'p-TTi II WL.' r\ I n A r\rM-riOiK i r\LJU\ I IWI Mfe / fO / I \I /SE'LY COR OF LOT 20^'LY COR OF LOT 17 SE'LY COR OF LOT 13 \\fPLAT M)166.06/\ \I(PLAT 540; 540.16 N 66*37'26* E 152 (PLAT 1B2; \N 66-3r»- E (PLAT low.oo; ----------K iA'3T26* E 1010.34---------- F'LiBLIC SUGAR MAPLE DRIVE I \I ANGLE POINT IN TNE S'LY LINE OF LOT 23J\ \/rir\Kr\X\\jr\\-JSN'LY COR OF LOT 10 V i-M—A Tr-nkUL-Ui -yr\ I L-l^/ CERTIFICATE OF SURVEY FOR: ROGER BURRISTNIS SURVEY IS FOR SUBMITTAL TO TNE OTTER TAIL COUNTY BOARD OF ADJUSTMENTS. SURVEYOR'S CERTIFICATE I hereby certify that thie i» a true and correct repreeentatwn of a survey of the boundariee of the above described land, and thc4 tNs survey was prepared by me or under my direct supervision and that I am a duty Lictrtsed Professional Land Surveyor under the laws of the State of Minnesota. Dated this 9th day of August, 2005. FIELD BOOK AL5-162/44 CONTRACT NO. 24C1-05FF FOLDER 24«9-05 DRAWN BY GEN PROPERTY ONNER CERTIFICATE / hereby certify that the subdivided property described in the survey meets the County reqpirements for public road access and sewage treatment systems. Glerm Nowe ' Professional Land Surveyor Minnesota License No. 17325 FIELD CREW BKR 4 TMSDWG FEE 24R-05 CRD FILE 24^-05 CBS ms 24q-05 NOERSON UANO SURVE^TI NCG, INC. 313 SCXJTW MILL STREET, FERGUS FALLS, MN 5A636-0I26 (2») 739-6266 916 WASNINGTON AVENUE, DETROIT LAKES, MN 56501 (2\3) 647-0500 607 N. NOKOMIS STREET, ALEXANDRIA, MN 56306 C320; 762-6263 DRAWING NUNBER SEC - TWP - BG 04 - 134 ' CHECKED BY GEN 7181Property Owner « • J Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Roger Burris 42297 Sugar Maple Drive 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, September 8, 2005 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 Lots 17,18,19 and 20 Echo Ranch Riviera Fourth Addition, Property Address - 42297 Sugar Maple Drive Section 4, Township 134, Range 39 - Township Name - Otter Tail Lake No. 56-210, Lake Name - Long, Class - RD The variance requested is - to subdivide Lots 17, 18,19, and 20 into two lots. The first proposed lot will be lots 17 and 18 and the second proposed lot will be Lots 19 and 20. The State of Minnesota had combined all four lots as one. We are asking for a variance to subdivide the lots by the historical platted line, which limits the proposed lots in square footage requirement for recreational development. The hardship is substandard lots of record and would resolve the practical difficulty, making the property of reasonable use. The use will be for single family residential use. The minimum size required for platted lots on a recreational development lake is 150’ of water frontage, 150' of width at the building setback and 40,000 square feet of area Wayne Stein Board of Adjustment Secretary Date: August 12, 2005 \ 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 15th, day of August, 2005 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Roger Burris, 42297 Sugar Maple Drive, Ottertail, MN 56571 Donald Dreyer, Twp Clerk of Ottertail, 45693 Lampblight Drive, Ottertail, MN 56571 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1*‘Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment; Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501 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: August 15th, 2005 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: VI Manderud VVi ll’Jj <fc U.-' V DONALD J HEISLER 42263 COUNTY HIGHWAY 1 OTTERTAIL, MN 56571-9404 LEON LEVITT ET AL 1045 DOUGLAS RD MENDOTA HEIGHTS, MN 55118-3637 GARY A MAASSEN 717 PARKVIEW BLVD BRANDON, SD 57005-1936 MARVIN NESS 1386160TH ST WOLVERTON, MN 56594-9557 DANIEL R DOUVIER ET AL 1170 10TH ST NW GLENWOOD, MN 56334-8800 JOHN G & AGNES C MAASSEN 48737 265TH ST VALLEY SPRINGS, SD 57068-7320 STEPHEN STRANDEMO II ET AL 5100 16TH AVES MINNEAPOLIS, MN 55417-1208 STEPHEN II & KAREN STRANDEMO 5100 16TH AVES MINNEAPOLIS, MN 55417-1208 ROGERS JILL BURRIS 42297 SUGAR MAPLE DR OTTERTAIL, MN 56571-9408 ELIZABETH KWOLF KENNEDY 252 RICHMOND ST W SOUTH ST PAUL, MN 55075-3214 ELDRED G HEINEN & DALE REITER 5800 NAUGHTORAVE NE SAINT MICHAEL, MN 55376-3173 KEVIN & KATHLEEN LORENTZ 411 19TH STW HASTINGS, MN 55033-3506 PHILLIP W & BERNARD WINKELS 891 THOMAS AVE SAINT PAUL, MN 55104-2631 TOM RUNDLE PO BOX 1175 FARGO, ND 58107-1175 Kl