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HomeMy WebLinkAbout16000990278000_Variances_08-11-20168- 11- 20 I (p 1178610.) Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN recorded On 08/16/2016 9:08 AM to ^^ceived M 13 2c ,j I:" resource ir--cncnCMh^ FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: NCO • 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 Application Fee 5Z^ol Receipt Number p«mlJoli Accepted By / Date Mi '?j I COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER _s MAILING ADDRESS _ LAKE NUMBER.5^b- 3^ (p LAKE NAME I 1 ") *> TOWNSHIP ^3 6> r DAYTIME PHONE 33-/Q JJkJ, e. Gr^oJl Rl>LAKE CLASS £V/o ircxwSECTIONRANGETOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS/(?<0OO O SLl g^QOc-^ LEGAL DESCRIPTION tif O P~P .S< TYPE OF VARIANCE REQUESTED (Please Check) 2LStructure Setback 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. CL-Ace.T^TcJ ff- /c) h<^ yo^ocDO Pf- ( X kc-^t/VL Tc’ p(-cof>ejriY ^ tcr>T' Lcp^'nf^ 3 ^ 2 ~Pf Y— &t«.a /'ey vlT"f CAJO lj C<»'V~ J, »Ci2 C*. -V 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. PERTY OWNER / AGENT»F CD At y X'cj Cajt. SIGNATURE OF P FOR OW DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) SCm£D 345,194 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota A ji'pA//TimeDate Of Hearing xjm Motion Sheila Bruhn ~ Variance application approved with a condition. (6tS0 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Rick Wilson and unanimously carried, to approve the proposed subdivision as described in the variance application dated July 12, 2016 and as depicted on drawing submitted with the application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that there are many lots in this immediate area that are smaller than the proposed lots. The variance as approved does not directly or indirectly grant any other variances for future development on these proposed lots. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR Official/Date bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 11, 2016 The Otter Tail County Board of Adjustment met Thursday, August 11, 2016, with the following persons in attendance; Paul Larson Dairen Newville Steve SchiererThomas Lee Wairen (Rick) Wilson Denise A. Gubmd, Land and Resource Management Kurt A. Mortenson, County Attorney Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the July 14, 2016 meeting. The Board of Adjustment considered the following applications for variance: LaMar and Mary Jo Boettner- Tabled. (6:33 p.m.) LaMar and Mary Jo Boettner, Lot 4 Coney Island Acres, West Battle Lake in Girard Township, requested the following: Replace garage with existing setback of five feet to the lot line. Requesting a variance of five feet. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, seconded by Rick Wilson and unanimously carried, with the verbal pemiission of the applicants, to table this variance application until the September 8, 2016 meeting to provide the applicants with an opportunity to recalculate their impervious surface coverage and to consider alternative plans that will not result in more than 25% of the total eligible lot area being covered with impervious surfaces. Peyerl Trust - Variance application approved with a modification. (6:47 p.m.) Peyerl Trust, part of the North Half of the Southeast Quarter, Section 4 of Henning Township, requested the following: Requesting to build storage shed 95 feet from lake. This measurement is taken from the Southeast comer of the proposed structure. Dennis and Nancy Peyerl represented the Peyerl Tmst at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Danen Newville and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of a storage shed 100’ from the ordinary high water level. Hardship/practieal difficulty is an existing fanu site. The variance as approved is consistent with past actions of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Sheila Bruhn - Variance application approved with a condition. (6:50 p.m.) Sheila Bruhn, Reserve Lot B Hoffman’s Beach, West McDonald Lake in Dora Township, requested the following; Ordinance requires 40,000 square feet and 150’ of lake frontage per lot. I have 72,678 total square feet and 494 feet of lake frontage. I would like to divide property into two lots, a bare lot with 40,000 square feet and approximately 250’ shoreline and a lot with cabin of 32,678 square feet and 244’ frontage. If approved a surveyor will stake the exact line. Paul Johnson and Jeff Schmidt represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. Sheila Bruhn - Variance application approved with a condition. (6:50 p.m.) - Continued After consideration and discussion, Paul Larson made a motion, seconded by Rick Wilson and unanimously earned, to approve the proposed subdivision as described in the variance application dated July 12, 2016 and as depicted on drawing submitted with the application with the'eondition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that there are many lots in this immediate area that are smaller than the proposed lots. The variance as approved does not directly or indirectly grant any other variances for future development on these proposed lots. Randy R. and Robin L; Meintire — Approved the drain ncld placement and denied variance from septic tank with conditions. (6:58 p.ni.) Randy R. & Robin L. Meintire, Lot 5 Stewart’s Oak Harbor, Belmot Lake in Clitherall Township, requested the following: A variance is requested for a 10’ by 30’ drain field placed within the road right-of-way, and a 28’ by 36’ garage, of which approximately a 3’ portion would be placed 8.5’ from the existing septic tanks. The proposed drain field will be 5’ from the lot line, which meets the 50% rule in the Otter Tail County Sanitation Code, under Section 80.2150 Final Treatment and Dispersal (Page 6.) The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve the placement of 10’ by 30’ drain field within the road right-of-way and to deny the placement of the proposed garage 8.5’ from the existing septic tank with the condition that the applieants must obtain a letter of approval from Clitherall Township and with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. MCMLRJ LLLP - Variance application approved as modified with a condition. (7:08 p.m.) MCMLRJ LLLP, Lot 10 Rothsay Beach, Lake Lida in Lida Township, requested the following; Less, than 10’ from lot line. We are proposing to construct a 12’ by 24’ storage shed approximately 3’ from the lot line. Required setback is 10 feet. The existing 10’ by 10’ shed which crosses the propeity line will be removed within 3 weeks of the . completion of the 12’ by 24’ storage shed. Cindy Jolmson represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Byron Nelson in support of the variance as requested was read for the record. After consideration and discussion, Rick Wilson made a motion, second by Steve Schierer and unanimously carried, to approve the placement of a 12’ by 24’ storage shed 5’ from the side lot line at its elosets point with the condition that an existing 10’ by 10’ shed will be removed within three weeks of the completion ofthe proposed structure as stated in the application dated July 13, 2016. The variance as approved does not directly or indirectly grant any other variances for the proposed or future development. 'ti,' Richard and Anna Gunderson - Variance application approved with a condition. (7:17 p.m.) Richard and Anna Gunderson, part of Government Lot 6, Section 3 of Dunn Township by Pelican Lake, requested the following: Tear down existing cabin, porch, deck, and sidewalk. Build new 26’ by 28’ house with 12’ by 24’ garage and 3.5’ by 13’ porch. Setbacks are less than ordinance requirements. Requesting variance to be 19’ from ordinaiy high water level and 15’ from road right-of-way with structure. Also requesting to exceed impervious surface in shore impact zone. CuiTently 1,523 square feet. Proposed to be 1,635 square feet. Lauryl Ivers appeared with the applicants at the public Tearing. 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 Rick Wilson and unanimously earned, to approve the variances as request in the application dated Julyl5, 2016 for the development as depleted on the drawings submitted with the application with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It was noted that the proposed development will be further back than the existing development. Hardship/practical difficulty is a substandard lot of record. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for future development. Page I 2 August 11,2016 SCALE DRAWING FORM JL OOP 7?0<3 oo Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). ^ trScale NE CO.RESBRV THE ORIGINAL PLAT OF ANY SPECIFIC VERBIAGi ALL RIPARIAN RIGHTS t DiriENSIONED LINES SNC AND THE SHORELINE OF THE ORIGINAL PLAT DOE AND H'LY LINES OF RES BECAUSE OF THIS A OUI TO ENSURE GOOD TITLE SCALE IN FEET OF HOFFTIAN'S BEACH SCALE! BEARIN FOUND !/2‘ DM. REBAR 20H ADNO. 50732 SHOhIN HERE ON hlEST LINE OF GOV'T LOT 2.Dl (REBAR FALLS 0.3 OF A FOOT O Dl hNEST OF GOV'T LOT LINEJ 9 DlNDERSON LAND SURVEYING, INC.Dl 3H CORNER OF SEC. 24-136-41 PROFESSIONAL lAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET. FERGUS FALLS. MN 56537 (218) 739-5268 FAX (218) 739-5461 (800) 300-9276 ^ {2. 20/^ DateIgnature of Property Owner BK — 032014 354,120 • Vic'.iof LunOeen Cci, Piinieis • Feigns Palls MN » I-800 .148-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existiirg & proposed onsite impervious surfaces on scale drawing. 33i^ (a~7 S Vc’iCXso Coir^ Buildings Lot Area (ft^):Signature:Date:2s, Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s) Attached Garage Patio(s) WqDetached Garage GoSidewalk(s)4o Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Ke. tvi a2^0 Miscellaneous / 9 I 2.S’YdiTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Total Buildings Ft -3. Vo /9/S.0.0 100+=X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft S". S* S’ 1^6-2ioa./ s-:x n iz 3 2. 67^O . osrSS'100+-7-X Impervious Surface Calculation Worksheet 03-25-2014 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.usOTTCR TAILoovair-aiaiiteTi Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Sheila Bruhn 2210 Ave NW East Grand Forks, MN 56721 ' 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, August 11, 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 Reserve Lot B Hoffman’s Beach, Property Address - 32924 Mac Circle :Section 24, Township 136, Range 41 - Township Name - Dora Lake No. 56-386, Lake Name - West McDonald, Class - RD The variance requested is - the following: Ordinance requires 40,000 square feet and 150’ of lake frontage per lot. I have 72,678 total square feet and 494 feet of lake frontage. I would like to divide property into two lots, a bare lot with 40,000 square feet and approximately 250’ shoreline and a lot with cabin of 32,678 square feet and 244’ frontage. If approved a surveyor will stake the exact line. 'Wayne Stein Board of Adjustment Secretary July 21, 2016 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 26th, day of July, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Sheila Bruhn, 2210 11*'’ Ave NW, East Grand Forks, MN 56721 Paul K Johnson, 6988 E Lake Carlos Drive NE, Carlos,MN 56319 Gregory Meyer, Twp Clerk of Dora, 33111 State Hwy 108, Dent, MN 56528 West McDonald Lake Assoc.^ PO Box 70, Verges, MN 56587 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 Darren M Newville, 614 6"' St NE, Perham, MN 56573 Loren Bailey, 1963 Oakwood VW, 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: July 26, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud i - DENNIS LANDERSOKI 42378 COUNTY HI6HWAY 85 DENT, MN 56528 9042 RALPH C & DEBORAH L BERTELSEN 17388 BOTH PL N MAPLE GROVE, MN 553111794 SHilLABRUHN ETAL 2210 IITH AVE NW EAST GRAND FORKS, MN 56721 2914 DAVID & BETH HELGERSON 1179 SYMPHONY BLVD NEENAH,WI S49S6 9329 GREG P & DEBRA K CUMMINGS 313 DAKOTA AVE HORACE, ND 58047 4314 CONDON TST 33089 MEYER BEACH DR DENT, MN 56528 9041 TERRENCE R & DIANE M STECKLER 4013 OVERLAND RD BISMARCK, ND 58503 8842 ARLAND A & KARRIE SCHULTZ PO BOX 92 VERGAS, MN 56587 92 EDWARD KUKLOCK 13252 FERRIS AVE APPLE VALLEY, MN 55124 8132 ROGER & MARILYN ZELLMANN 402 SHADY LN YOUNG AMERICA, MN 55397 9739 Paul K. Johnson 6988 E Lake Carlos Drive NE Carlos, MN 56319 \ RECOnriENDED CORRECTIVE LEGAL DESCRIPTION PARCEL A Reserve Lot *S* NOFFTIAN'S BEACN, said plat is on file in the office of the Recorder, Otter Tail County, tiinnesota, end that part of Government Lot 2, Section 24, Township i^. Range 4i, said County, all described as foiiows: Beginning at the northwest comer of said Reserve Lot *6*; thence South 8& degrees 3<? minutes 44 seconds East ('bearing is based on Otter Tail County Coordinates - 20H Adjustment^ along the north line of said Reserve Lot *B* a disUnce of 332.32 feet to the northeast comer of said Reserve Lot "B’; thence South 17 degrees 06 minutes 36 seconds East along the east line of said Reserve Lot “B‘ ond its southerly extension, a disUnce of 57 feet more or less, to the shoreline of Nest tfcDonald Lake; thence southwesterly, along said shoreline to the west line of said Goverrment Lot 2; thence North OO degrees 50 minutes 20 seconds East along said west line, a distance of 405 feet more or less, to the point of beginning. Containing 72,673 sqpare feet more or less. 58a‘40'45"E 323.33 • ■•••% •. 5»e SPUT RAIL/ /S33'3<1'44‘'E 332.32INEST 1/4 CORNER CPLAT 332.5J(NE CORNER OFSEC. 24-136-41.NORTH LINE OF RESERVE LOT *S*RESERVE LOT ’B’NN CORNER OF RESERVE LOT ‘B‘ X ~I y-\ r- r — \ a /\ t\ i ^ CT' r 1 / / IVI/—\ / Nj ^//4- •I . I-----A I /lL/-\ ^ n RESERVE LOT "5" SURVEYOR'S NOTES: THE ORIGINAL PLAT OF HOFFMAN'S BEACH DOES NOT CONTAIN ANY SPECIFIC VERBIAGE OR PICTORIAL DESIGNATION AS TOPARCEL A ALL RIPARIAN RIGHTS BEING GRANTED BETNEEN THE DIMENSIONED L INES SHONN ON THE FACE OF THE DOCUMENT AND THE SHORELINE OF NEST MCDONALD LAKE. THE ORIGINAL PLAT DOES NOT STATE NOR DEPICT THE E'LT AND N'LT LINES OF RESERVE LOT B RUN TO THE MATERS EDGE. BECAUSE OF THIS A QUIET TITLE ACTION MAT BE NECESSARY TO ENSURE GOOD TITLE TO THE LANDS hllTHIN PARCEL A.THIS SURVEY IS INTENDED TO PROVIDE ASSISTANCE FOR CORRECTIVE TITLE PURPOSES OVER PROPOSED PARCEL A; INCLUDING RESERVE LOT "B’, HOFFMAN'S BEACH AND PART OF GOVERNMENT LOT2, SECTION 24-136-41, OTTER TAIL COUNTY. MN. SURVEYOR'S CERTIFICATE / hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and that this survey was prepared by me or under my direct supervision and th^ / am a duty Licensed Professional Land Surveyor under the laws of the State of flinnesata. Dated this 20th day of June, 2016. Glenn Howe \ \ Professional Land^^rveyor Tiinnesota License No. 17325 CERTIFICATE OF SURVEY FOR: SCALE IN FEET ■i PAUL JOHNSONOF HOFFMAN'S BEACH SCALE! / INCH - 50 FEET BEARINGS ARE BASED ON OTTER TAIL COUNTY COORDINATESFOUND 1/2' DIA. REBAR 20U ADJUSTMENT AS DETERMINED BY THE MNDOT CORS/VRS NETMORK.NO. 50732 SHONN HERE ON FIELD BOOK AL5-207/62 CONTRACT NO. I<34-I6 DRAHN BY GEH FOLDER 144-16mDENOTES IRON MONUMENT FOUND.NEST LINE OF GOVT LOT 2. (REBAR FALLS 0.3 OF A FOOT O DENOTES IRON MONUMENT SET MARKED 'PLS 13620 4 17825'. h FIELD CRBN JAKMEST OF GOVT LOT LINEJ DING FILE 144-16 CRD FILE 144-16 CHECKED BY LIB/GEH9DENOTES 2 !/2' FLAT IRON IN CONCRETE POST UP 4 FEET.NDERSON LAND SURVEYING, INC.@ DENOTES CAST IRON MONUMENT FOUND.DRAMING NUMBERSM CORNER OF REVISION.SEC-THP-RG 24-136-41 PROFESSIONAL lAND SURVEYORS & LAND DEVaOPMEhfT CONSULTANTS 8215SEC. 24-136-41 313 SOUTH MILL STREET. FERGUS FALLS. MN 56537 (218) 739-5268 FAX (218)739-5461 (800) 300-9276 a