The URL can be used to link to this page

Home My WebLink About16000990533000_Variances_09-13-2018Q3NNV3S Date Stamp 1212608 i:„RecByeD"I AUG 1 6 2018 Iandsresoiwc; CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/03/2018 09:37 AM FEE; 46.00 PAGES 2 WELL CERTIFICATE RECD: N "L.— —CD o*-- OD L&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.usOTTIIITill Application Fee yOG ■ Receipt Number '2.0\ ^ ' I'Z-'l [QcLti^Date 9,1 lb IAccepted by Property Owner Name Eric Spilde Address 1101 8th Ave SE City Bamesville State MN Zip 56514 Daytime Phone 7015522320 Email eric.spilde@live.com Parcel Information Lake No 560523oo Lake Name Lake ClassLoon Parcel Number(s)16000990533000 Parcel Number(s)16000990534000 Township Name Dora Section 04 Legal Description Section 04 Township 136 Range 041 WEST LOON LAKE BEACH LOT 4 & LOT 5 Physical Address 44040 Hat Six Lane Vergas MN 56587 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback LZ structure Size SubdivisionSewage System Cluster WECS Miscellaneous 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Existing cabin was built in 1972 and would like to remove and build a new home on the lot that is larger than existing with expansion to the back and side and make two stories. Existing deck structure is 35 feet from OHWM, existing cabin is at 45 feet from OHWM at the closest point which does not meet the 100 foot setback requirement. Due to lot shape and size, existing garage at the back of the lot, septic design and lot drainage for neighbors, cannot meet the 100 foot setback from the OHWM with a new structure. We request a variance to that would move the building back farther than existing, moving out of the shoreland impact zone with the patio starting at 50 feet from the OHWM at it's closest point and the cabin starting at 60 feet at it's closest point from the OHWM. 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 UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. <Z>IWNER/AGENT FOR OWNERSIGNATURE OF PROPI DATE APPLICANT MUST BE PRESENT AT THE HEARINGi (Applicant will Receive Nottfleatlon of th« Dat«/Tlma of H«aring) %Date of Hearing Time Motion Eric Spilde - Variance application approved as requested. (7:15 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ for the placement of the proposed development as described in the variance application dated August 16, 2018 and as depicted on the drawing labeled “Proposed” being no closer to the ordinary high water level than 50’. Hardship/practical difficulty is a substandard lot of record. The proposed development will be outside of the shore impact zone. The development as proposed is an improvement over the existing development and is like use to other properties within this immediate area. The variance as approved does not directly or indirectly grant any other variance for the proposed development or for any future development. (C, Chairman/Otter Tail County Board of Adjustment TPermit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management ^ L&R Official/Date Copy of Application mailed to Applicant, County Assessor and MN DNR h±J^ 2 Yvonne Nordick- Variance application approved with conditions. (6:55 p.in.) Yvonne Nordick, Lot 9 Peach’s Silent Lake Beach, East Silent Lake in Dora Township, requested the following: In the summer of 2016 I had screen installed to connect the existing deck with the existing roof and constructed an 8’ x 10.5’ storage shed onsite. Requesting a variance for the storage shed which was placed 4’ from the lot line and Approximately 56’ from the ordinary high- level. Required setback is 10’ to the Lot Line and 100' to the ordinary high-water level. The shed was placed in-line with the existing shed. Requesting a Variance for the screen porch being approximately 25’ from the ordinary high water-level. Required setback is 100’ from ordinary high-water level. Currently the existing Impervious Surface Calculation in the Shore Impact Zone (SIZ) is 994.5 square feet. Asking for a 734.5 square feet variance for impervious surface in the shore impact zone. The maximum allowable is 260 square feet of impervious surface coverage in the shore impact zone. Pete Larson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter/email from Sonja Rosier in opposition to the variances as requested was read for the record. An email from Jean Johnson opposing the variances are requested was read for the record. After consideration and discussion, Thomas Lee made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 75’ from the required ordinary high water level setback of 100’ for the placement of a screen porch 25’ from the ordinary high water level, a variance of 734.5 square feet from the maximum allowable impervious surface coverage within the shore impact zone of 260 square feet for total impervious surface coverage within the shore impact zone of 994.5 square feet and a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of an 8’ by 10.5’ storage shed 56’ from the ordinary high water level and at least 10’ from the side lot line with the applicant’s verbal agreement to move the 7.5’ by 10’ metal shed, which is to the east of the new 8’ by 10.5’ shed 10’ from the side lot line. It was noted that if the older existing 7.5’ by 10’ metal shed’s condition is such that it cannot be moved without being significantly destroyed then the applicant can replace that older shed with a new 7.5’ by 10’ shed; however, it must be placed 10’ from the side lot line. The variances as approved to do directly or indirectly grant any other variances for future development. James Simpson - Variance application approved as requested. (7:10 p.m.) James Simpson, Lots 1 and 2 Squire’s Addition, Rush Lake in Rush Lake Township, requested the following: I have two contiguous lots (Section 13 Township 135 Range 039, Lot 1 Block 1 and Lot 2 Block lof Squires Addition), not on Rush Lake but within 1000 feet of Rush Lake. Lot 1 contains a residence and a storage building and is 21,000 square feet. Lot 2 is vacant and is 23,000 square feet. I wish to sell Lot 2 but retain a 15 ft strip along the west side to be permanently attached to Lot 1. Therefore Lot 1 would have 23,800 square feet and Lot 2 would be 20,100 square feet. The buyer has three contiguous lots on Rush Lake (Sec 13 Township 135 Range 039 Lots 3 and 4 of Oak Grove Beach parcel number 53000990306000 and Lot 5 of Oak Grove Beach parcel number 53000990307000) totaling 32,000 square feet. Lot 2 as modified above, would be permanently attached to riparian lots 3,4 and 5 Oak Grove Beach, Lot 2 Squires Addition would be for Non-Residential Use. My remaining Lot 1 Squires Addition as modified above to remain as a buildable residential lot. David Simpson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion seconded by Doug Larson and unanimously carried, to approve the variance as described in the variance application dated August 13, 2018 and as depicted on the drawings submitted with the variance application. It was noted that variance as approved does not increase the number of building sites on the lake. The variance as approved does not directly or indirectly grant any other variances for future development. Eric Spilde - Variance application approved as requested. (7:15 p.ni.) Eric Spilde, Lots 4 and 5 West Loon Lake Beach , Loon Lake in Dora Township, requested the following: Existing cabin was built in 1972 and would like to remove and build a new home on the lot that is larger than existing with expansion to the back and side and make two stories. Existing deck structure is 35 feet from ordinary high-water level, existing cabin is at 45 feet from ordinary high-water level at the closest point which does not meet the 100-foot setback requirement. Due to lot shape and size, existing garage at the back of the lot, septic design and lot drainage for neighbors, cannot meet the 100-foot setback from the ordinary high-water level with a new structure. We request a variance that would move the building back farther than existing, moving out of the shoreland impact zone with the patio starting at 50 feet from the ordinary high-water level at its closet point and the cabin starting at 60 feet at its closest point from the ordinary high-water level. Rhonda Spilde appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ for the placement of the proposed development as described in the variance application dated August 16, 2018 and as depicted on the drawing labeled “Proposed’’ being no closer to the ordinary high water level than 50’. Hardship/practical difficulty is a substandard lot of record. The proposed development will be outside of the shore impact zone. The development as proposed is an improvement over the existing development and is like use to other properties within this immediate area. The variance as approved does not directly or indirectly grant any other variance for the proposed development or for any future development. Page I 2 September 13, 2018 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 27th, day of August, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Eric & Rhonda Spilde, 1101 8*'’ Ave SE, Barnesville, MN 56514-3962 Gregory Meyer, Twp Clerk of Dora, 33111 State Hwy 108, Dent, MN 56528 Loon Lake Assoc., Sandy Gronhovd, PO Box 236, Vergas, 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: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6*'’ St Ne, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln, Fergus Falls,MN 56537 Jack Rosenthal, PO Box 266, Ottertail, MN 56571 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 27, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ». PAUL E & CARMEN I BRUHN 955 GABRIEL CIR DETROIT LAKES, MN 56501-4835 JEANETTE CARRELL ET AL 3187 PARK OVERLOOK DR SHOREVIEW, MN 55126-4113 LONNIE R & CONNIE L FREGIEN 5924 74TH AVE SE JUD, ND 58454-9756 TIMOTHY R HAALAND 125 9TH ST E APT 104 . WEST FARGO, ND 58078-2049 HIDDEN LANE LLC 13827 49TH STSE ENDERLIN, ND 58027-9524 ALLAN R & MYRNA J JOHNSON 317 15TH STN MOORHEAD, MN 56560-2258 TODD R & BRENDA G JOHNSON 14914 OAK RIDGE CIR E BURNSVILLE, MN 55306-6164 GARY G & JANET L NESS TSTS 45225 COUNTY HIGHWAY 41 VERGAS, MN 56587-9361 PHYLLIS A TST NICHOLS 7346 QUAKING ASPEN TRL COLORADO SPRINGS, CO 80908-5643 RONNY SCHWARTZ 3372 54TH ST S FARGO, ND 58104-7351 BONITA SONNENBERG 44640 COUNTY HIGHWAY 41 VERGAS, MN 56587-9360 DUWAYNE & MARILYN SONNENBERG 44936 COUNTY HIGHWAY 41 VERGAS, MN 56587-9360 ERIC & RHONDA SPILDE 1101 8TH AVESE BARNESVILLE, MN 56514-3962 ANDREW J & THERESA G TIHAN Yl PO BOX 244 LUCK, Wl 54853-244 KIMBERLY A TOBOLTETAL 2514 RIVER DR N MOORHEAD, MN 56560-1425 i Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, WIN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER TAILeaaatr-aiacaioTi Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Eric Spilde 1101 8‘^’Ave SE Barnesyille, MN 56514 ' ■ 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, September 13, 2018 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 Lots 4 and 5 West Loon Lake Beach, Property Address - 44040 Hat Six Lane - 56587 Section 4, Township 136, Range 41 - Township Name - Dora Lake No. 56-523, Lake Name - Loon, Class - RD The variance requested is the following: Existing cabin was built in 1972 and would like to remove and build a new home on the lot that is larger than existing with expansion to the back and side and make two stories. Existing deck structure is 35 feet from ordinary high-water level, existing cabin is at 45 feet from ordinary high-water level at the.closest point which does not meet the 100-foot setback requirement. Due to lot shape and size, existing garage at the back of the lot, septic design and lot drainage for . neighbors, cannot meet the 100-foot setback from the ordinary high-water level with a new structure. We request a variance to that would move the building back farther than existing, moving out of the shoreland impact zone with the patio starting at 50 feet form the ordinary high-water level at it’s closet point and the cabin starting at 60 feet at it’s closest point from the ordinary high-water level! 'Wayne Stein Board of Adjusitment Secretary August 23, 2018 ,! ,1 ^yov® 4V«cV S')c LaM.<. *.. - ..i f~.!i I----!.i n:i..i..i 1 ; i-' r ■. I I •{ !•S3N■i’ 4-.. .i -.i Ov: I ;I■j...........!■■■.........f I iI) i i ; f r-t !■» i t*'!• !I\\ !i: i Lni i- t i 1!4-----j-----^: I 't _-4-1--i LcX<. i \i;----—I !i!ii1 ■14------1I (:;:)4—L-4-^-!4----pj------i-----i------;-----ri i:i!;—.i-' ;I •:ii■ f receivedAUG 16 2018 AND&ResOURC' ~u i ;i ;s .j. _}i i< : !;I f 1 1t 4'— 1— -i.f 7 f V'lfoV^^ 4Wv ^ L«Ke. I •f""' — Ou"^ ^ 'SVvoV’eWtA.iL 'l<c4^,<cV ” ^rtVio a+ ^G' c~^A/^ 5»a^ ” ^'^' (i>0 c'-^ A/\ 0^ Su'-v'Wav Ot» A/^ (o'iACV, CLv<L ^Uc.^S^^A^•4%^vVc-s^ iAO (W^vwn;^ 'SyS^*^ "te !;C•2^K-c,i-- -f ■+- *- HA C. ;j 4 hiy~ ‘SeXVatick- ^yeuW JW»/\ "Ec’ dc^iAiyaV U^rN^+ z:i' £^0'''< l''A«- -4x* vvO'V £^''b/v*.pV w«2:^/=^V 'm^A. Vl€.'\cV5j7c.yj ; 7•t' i i .j----...^----- ,j....... -i-.■ --^.-..^_.-f- !i - •• -y ••I;;■t f 1 I—r..-j—I—j.....-j:! I t 1 RECEIVED AU3 1 6 2018 J\ND&RES0UBC I ;!'L-__. i I i 4..... / IMPERVIOUS SURFACE CALCULATION List & Identify all existing & proposed onsite impervious surfaces on scale drawing. 23. IS’OLot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s)-e-I -Z-CjO•700 Attached Garage Patio(s)(o 00 Detached Garage Sidewalk(s) Storage Shed Landing(s))l^ WOAS Driveway(s)-"O'z a'C'o RCU Parking Area(s)O 1.0 S^oi, o S o Miscellaneous Retaining Wall(s)o Landscaping (Plastic Barrier) Miscellaneous I ,7pg 2.1 SC.2. noI.C98TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft^Total Buildings 9 5%25,lg02,0. o93 100+-r=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 I 8.7 %■9. 33 C n, i?o 0.1?7 100+-i-X z= Impervious Surface Calculation Worksheet 04-11-2016 tSSignature:Date SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Def # 76. Shore Impact Zone (SIZI:Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s)I 2- Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous ITOTAL Total Shore Impact Zone Impervious Surface Existing Proposed TotalFt^Ft^Ft^ Maximum Allowable 260 Ft* a O15GII mm Impervious Surface Calculation SIZ 04-11-2016 Signature:Date: