HomeMy WebLinkAbout16000990832000_Variances_04-08-2010H-8ZOIO I
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that ^ ^
this instrument # * OUoO
was filed/recorded in this office for rec(^ on the ^ day of v
2010 at ///SWendyX. k/letckit County Fte^rder
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^ well certifi^te
1073038
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 ^3 70
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date An\\j
~TopCt
Z5%^Co W
Zl^-7SI~7/ZS\nPROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS
LAKE NUMBER %IG Z 700 LAKE NAME /fjLAKE CLASS
/36H DoMOH!SECTION TOWNSHIP RANGE TOWNSHIP NAME
R 1^000 9^0232 000 Nlf\TB P S her\c,ri cjoc. k I- Cpp
Uc A<lj h) •^‘iZSS Shenandoah Uol>/~LcH^
PARCEL
NUMBER
E-911
ADDRESS
LEGAL DESCRIPTION ^ .Loi fO B^ock i S Kic^di
TYPE OF VARIANCE REQUESTED (Please Check)
Vstructure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
z-g'- 'Z-O/OSIGNATURE^ PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
r (^o/Q TimeDate Of Hearing
Motion
Justin Toppari - Approved the variance application as requested with a condition. (6:32 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to declare
Lot 10 Block 1, Shenandoah Ridge a buildable lot for single family residential use and to approve a variance of 50’ from the
required ordinary high water level setback of 200’ for the placement of a structure 150’ from the ordinary high water level with the
condition that the variance application as approved does not directly or indirectly grant any other variances for development on
this property. The Board specifically noted that this approval does not grant any variance from the required bluff setback. It was
suggested that the applicant contract the Land and Resource Department to determine the exact location of the 150’ setback. It
was also noted that the variance as approved should provid
privileges as other property owners in this immediate jar6a
pplicant with the opportunity to enjoy the same rights and
Chairman/Otter Tail'County Board of Adj^ment
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
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
i
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, April 8, 2010
The Otter Tail County Board of Adjustment met Thursday, April 8, 2010, with the following persons in attendance:
Marion Gill
Thomas Lee
Michael Harris
Randall Mann
Scott Ellingson, Land and Resource Management
David Hauser, County Attorney
Paul Larson
Steve Schierer
Called to Order - Randall Mann, 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 January 7, 2010 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
y Justin Toppari - Approved the variance application as requested with a condition. (6:32 p.m.)
Justin Toppari, Lot 10 Block 1, Shenandoah Ridge, Hoffman Lake in Dora Township, requested a variance to have
Lot 10 Block 1 Shenandoah Ridge declared buildable for single family residential use and a variance of 50’ from the
required ordinary high water level setback of 200' for the placement of a structure 150' 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, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to declare Lot 10
Block 1, Shenandoah Ridge a buildable lot for single family residential use and to approve a variance of 50’ from the
required ordinary high water level setback of 200’ for the placement of a structure 150' from the ordinary high water
level with the condition that the variance application as approved does not directly or indirectly grant any other
variances for development on this property. The Board specifically noted that this approval does not grant any
variance from the required bluff setback. It was suggested that the applicant contract the Land and Resource
Department to determine the exact location of the 150' setback. It was also noted that the variance as approved
should provide the applicant with the opportunity to enjoy the same rights and privileges as other property owners in
this immediate area.
Geoffrey D and Pamela F Bentley - Approved the variance application as modified. (6:37 p.m.)
Geoffrey D and Pamela F Bentley, Lots 9 and 10, K.B. Beach and part of Government Lot 1, Section 31 of Corliss
Township by Little Pine Lake, requested the following: Last fall we were issued a building permit to construct a 30’ by
56’ garage on the back lot of our lake property on the east shore of Little Pine Lake, This lot according to our abstract
is 60’ by 200’. However, prior to beginning construction, we became aware of a 2002 survey that indicates that the
road (Benny Lane) which runs between our lake shore property and back lot is not where the abstract indicates that it
should be. It is actually about 8’ farther east, indicating that our main lakeshore property is in reality on the road! It is
our intention to maintain a 20’ setback from the road as required by the county ordinance. We feel that a structure
any closer to the road would be a hindrance to snow removal. However, to keep a 20' setback from the actual
location of this road, our structure will come within approximately 2’ of the adjacent back property. We are therefore
requesting a variance from the 10’ setback in order to construct our garage/storage shed. Requesting a variance of 8’
from the required lot line setback of 10’. Vance Bachmann, Contractor appeared with the applicant at the public
hearing. The audience was polled with Bill Pawlowski speaking for the variance as requested. After consideration
and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a
variance of 4’ from the required lot line setback of 10’ for the placement of a garage on the applicants’ back lot 6’ from
the east lot line and at least 20’ from the legal road right-of-way of Benny Lane. The specific size of the proposed
structure was not addressed; however, the variance as approved does not directly or indirectly grant any other
variances for the proposed development. It was noted that the variance as approved will provide the applicant with a
reasonable use of their property, will provide adequate area on the east side of the proposed structure for future
maintenance of the structure and should provide adequate area between the existing road, which is not located within
the legal road right-of-way and the proposed structure for road maintenance: however, the applicants might want to
consider the overall size of the structure if they are concerned that the structure will be to close to the existing road for
snow removal purposes. Hardship/practical difficulty is the location of the road which is not within the legal road right-
of-way.
!;!!I11SCAUE DRAWING FORMI
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R If,OOP 99o^3zooo
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, topographic features (i.e. bluffs), and onsite impervious surface
calculations.II/I ''I -100 o I
I%Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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gr-'ag/D Iz^fgdature of Property Owner ■ ■
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! •Date
IBK — 0909 338,596 * Victor Lundeen Co. Printers • Fergus Falls, MN • 1-800-346-4870
1
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Structure(s):
O Ft2Deck(s):
Of,aDriveway(s):
0 Ft^
C) Ft^
Patio(s):
Sidewalk(s):
O Ft2Stairway(s):
O Ft^Retaining Wall(s):
0 Ft^
0_Ft2
Landscaping:
(Plastic Barrier)
Other:
Ft2TOTAL IMPERVIOUS SURFACE:
(n3, Ft2LOT AREA:
0.o %=£)xioo =
LOT AREA IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510Fir AveW
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Justin Toppari
25165 County Highway 18
Fergus Falls, MN 56537
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, April 8, 2010 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
Lot 10 Block 1 Shenandoah Ridge,
Property Address - Adjacent to 43238 Shenandoah Loop
Section 14, Township 136, Range 41 - Township Name - Dora
Lake No. 56-1627, Lake Name - Hoffman, Class - NE
The variance requested is -
a variance to have Lot 10 Block 1 Shenandoah Ridge declared buildable for single family residential use and a variance of
50' from the required ordinary high water level setback of 200’ for the placement of a structure 150’ from the ordinary high
water level.
'fi^ayne Stein
Board of Adjustment Secretary
Date: March 11, 2010
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 March, 2010 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment
Justin J & Joni K Toppari, 25165 County Highway 18, Fergus Falls, MN 56537
Gregory Meyer, Twp Clerk of Dora, 33111 State Hwy 108, Dent, MN 56528
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
Terry Lejcher, 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, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Marion Gill, 40122 Aerovilla Rd, Perham, MN 56573
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: March 15th, 2010
Wayne Stein, Secretary
Otter Tail County B^rd of Ac^stment
By:
Vi Manderud
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^
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
described in my I,
dated '2^^ Z,O)0
# HK>00099083Zooo
Application
, As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
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 Application(s).
properTV" ownerDATED
11-02-04
Mbowman forms-apps waiver 60 day rule