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HomeMy WebLinkAbout16000990257000_Variances_11-06-2008Department 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.otter-tail.mn.us April 30, 2009 Collin Engebretson et al 14170 Elderberry Ct Glencoe, MN 55336 RE: Site Permit Application for Addition, Lots 3 & 4 Hoffman Beach, West McDonald Lake (56-386) Dear Mr. Engebretson, Per our phone conversation today regarding conditions placed on Variance granted on November 6, 2008 for removal of 2 decks and Impervious coverage must be less than 25%. I spoke with my Administrator, Bill Kalar, regarding the back wood deck that you mentioned you would like to keep for approximately 2 weeks before removing it as you needed it to gain entrance to your dwelling. You also stated that it would be removed when construction starts as it is in the footprint of your proposed addition. Mr. Kalar has agreed to your request as long as the deck is removed when construction begins. As I mentioned during our conversation, our office will need to verify onsite the removal of all other items mentioned on your drawing and also that you do not exceed the 25% impervious coverage. Once you have these items removed, other than the back wood deck, mail Site Permit, Grade & Fill Permit (if needed) and Pre-Application site Inspection Request to our office and we will send Scott Ellingson, Inspector, to verify removal (Site Permit, Grade & Fill Permit and Pre-Application Request enclosed). If you have any questions, please contact me. Sincerely, Mavis Samuelson Permit Tech End. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, November 6, 2008 The Otter Tail County Board of Adjustment met Thursday, November 6, 2008, with the following persons in attendance: Paul Larson Steve Schierer Randall Mann Carl 2ick Michael Harris Joe Maske Mark Ronning, Land and Resource Management Bill Kalar, Director - Land and Resource Management Department David Hauser, Otter Tail County Attorney Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 6:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the October 2, 2008 meeting as mailed. The Board of Adjustment considered the following applications for variance: Jim Rhoades - Approved the variance application as requested with a condition. (6:02 p.m.) Jim Rhoades, part of Government Lot 1, Section 5 of Everts Township by Round Lake requested the following; Requesting to cover patio area facing the lake. Covering this area will be in violation of “String Line Test” by no more than 8 feet. Being approximately 75’ 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, second by Joe Maske and carried with Steve Schierer abstaining and with Randall Mann voting no, to approve the variance as requested with the condition that the proposed patio area cannot be enclosed. It was note that the variance as requested is not a substantial variation from the requirements of the ordinance as the majority of the proposed patio area is behind the string line. The practical difficulty/hardship is the terrain of the applicant’s property. The individual voting no stated that a portion of the proposed development is ahead of the string line, that the applicant could cover approximately 75% of the patio area without a variance and the need for a variance was self imposed by the applicant placement of the dwelling. Collin Engebretson - Approved the variance application as requested with conditions. (6:15 p.m.) Collin Engebretson Et Al, Lots 3 and 4 Hoffman Beach, West McDonald Lake in Dora Township requested a variance of 6T 8” from the required ordinary high water level setback of 100’, a variance of 1T 8” from the required shore impact zone setback of 50’, and a variance of 3’ from the required road right-of-way setback of 20’ for the placement of an addition 38’ 4" from the ordinary high water level and 17’ from the road right-of-way at the northwest corner of the 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 Carl Zick and unanimously carried, to approve a variance of 61 ’ 8” from the required ordinary high water level setback of 100’, a variance of 1T 8” from the required shore impact zone setback of 50’, and a variance of 3' from the required road right-of-way setback of 20’ for the placement of an addition 38’ 4” from the ordinary high water level and 17’ from the road right-of-way at the northwest corner of the addition with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces and with the condition that before a site permit for the proposed development can be issued the lower lakeside wood deck and back wood deck must be removed. It was noted that the proposed development will be no closer to the ordinary high water level than the existing development and the variance as requested is very similar to what was previously granted to another individual in this immediate neighborhood. Thomas D. Sohns - Approve the variance application as requested. (6:20 p.m.) Thomas D. Sohns, part of Government Lots 7 and 8, Section 28 of Friberg Township by West Red River Lake requested the following; This parcel became a lot of record on August 10, 1988. Due to rule change regarding non­ riparian lots in February of 1992 this lot does not meet size. Lot is 399.34’ by 350’ or approximately 139,769 square feet. 160,000 square feet is required, I would like the lot to be declared buildable for residential use. I would like to replace the existing dwelling. The audience was polled with David Paetow speaking in support of the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve Parcel No. 28-000-28-0207-001 (part of Government Lots 7 and 8) as a buildable lot for residential use. It was noted that this property already has a residential use. « //.y‘r > ■■ V !•“ IU>S Sh^fr ! 1 7 I nr t \■sr.' >"h'i!;^! 15' \i -:■ / ^ ,'.o" I ;/\ II'' Pct^'i 0 00 ^41 I X hi I si \1/ \cK;i !!Deck ^j-/D f F*!LlfP^'fOI«;!i •W Hawi^t.\\H)i ' OHu-e.ll 0 Tgfc^,!';J£«It' I /cy'4;is’ Q *vi ■ ,h’- .rrr ;MO \ ; ST&>S I II I'v 5 II [if 500 a, M [jfMijiiut \TtMKb'(/f /l/l peot^vot^k JiL.bef re rp iC'-Cci fc “~»--f)l^‘H I v\ Id- ^i^MOUdD!^------;^' 3d'- 4-<ao'■fI * t ;VIMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): 7 y 9^ fi2Structure(s):; - ^ V O Ft2Deck(s): a F,2 •i-Driveway(s): /5> R=: ‘'a;Patio(s): O Ft^Sidewalk(s): } ^ R2Stairway(s): 9 S’ Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:9. ^ Ft2 ■t 3 / O Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: ^9, Q^3/0 = Or X 100 =.% IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA , i; 4' RECEWeD OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that r- o this instrument # was fiied/recorded in this office for record on the / ? day ofO 2008at (a^m Wendy L. Metcalf, County Recorder recording well certificate 1048063 THE ABOVE SPACE IS RESERVED FOR Tl IE 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 mmmfiDidiDSCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date g S~/0 0 3 OQPROPERTY OWNER C 0^1 IK/ ^NG(.-S‘^(£r5aAJ qT<xQ DAYTIME PHONE Q,L trNCC(£ , A/MAILING ADDRESS /y/?Q € LDc 8d Cr S-^3 3 6 SL -ROLAKE NAME lA/4- 5 T MC OokJ,\lq ___LAKE CLASS Oo/^ fy LAKE NUMBER /~5L V/SECTION 9- R TOWNSHIP NAMETOWNSHIP /(^O 00 qq o d< 5 7 000 RANGE /W/t) c. C^cT 5CS7 ^ 33060 Op KJ-r N E-911 ADDRESS PARCELNUMBER iG oqo 99 o <9 5 ^ <^ao LEGAL DESCRIPTION LOT G 3 9~ 9 3 L- AO H/■) O f f A /^/ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback 7^ Structure Size Subdivision Cluster Misc.Sewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. /\ U /A rV C <-= O iPC I K/ fi L A/ O CZ. 5 Zr F/?oM O//U/4, 50' o-T o ^ ^ r>Qoy/ /? iz G><~'/Ad O TO /iOO A KJ fi^CD /~^ !C> K/^ *^A/r'C/Y /S' 3 ^ U/d /ll€£ O <1 V & y H A \i 7 e 4 6> c A 7 fc' O //JO k/\t<pe la./£ A/f£ A L GO Gl 0 ' <5 e TAAC. A' A(^D I T/Ohl. T f-/ e A-r //✓ / M 6^ /vt A 3' L/A/f/AA/Ct 30/e / T H I 3 £ 6' It' r A/ G F hA ^COAO I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE 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. /O- 3-0 S 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) ^-/.T/=5r7$>00^A/o\Jeiv\ A«/;f 4Date Of Hearing Time Motion Collin Engebretson - Approved the variance application as requested with conditions. (6:15 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to approve a variance of 6T 8” from the required ordinary high water level setback of 100’, a variance of 1T 8” from the required shore impact zone setback of 50’, and a variance of 3’ from the required road right-of-way setback of 20’ for the placement of an addition 38’ 4” from the ordinary high water level and 17’ from the road right-of-way at the northwest corner of the addition with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces and with the condition that before a site permit for the proposed development can be issued the lower lakeside wood deck and back wood deck must be removed. It was noted that the proposed development will be no closer to the ordinary high water level than the existing development and the variance as requested is very similar to what was previously granted to another individual in this immediate neighborhood. Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy 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 J IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): /¥ Ft^Structure(s): ^ ^ Q Ft2Deck(s): Ft2Driveway(s): /FPPatio(s): o Ft2Sidewalk(s): Ft2Stairway(s): 01 Ft2 TNCLU0£ SRetaining Wall(s):^ ^ K €S5 o Ft2Landscaping: (Plastic Barrier) Other;ao Ft2 ^ Ha o y 3 Ft2TOTAL IMPERVIOUS SURFACE: 9^00 Ft2LOT AREA: %X100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE Lower lakeside wood deck and back wood deck to be removed during construction. All pee-rock, other stone covering and patio blocks will be removed during construction and made pervious. New well to be installed and old well sealed. WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 7^^ 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 # / s. ^ cj Application , As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 described in my dated / 0 - days of the receipt of the completed Application(s). I understand that in the absence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the property before taking action on my Appiication(s). (DioJUZi-^ /jQ. 'Q PROPERTY OWNER /O -3^0^ DATED 11-02-04 Mbowman forms-apps waiver 60 day rule