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HomeMy WebLinkAbout16000990884000_Variances_07-13-2017I'ls-icn T-7258 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RcCCRuED CN 07/20/2017 9:45 AM -ill received JUN 2 1 2017 LAMD & RESOURCE CO CD cog FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'O: N FFECTED CERTIFICATES: 2538St"O CO 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 0/0 . COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date f^o y/s^)dc{ 7JL7^ Tt sr3// LAKE NUMBER SC LAKE NAME /*\^ /^P iAk /? SSYcxto PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS LAKE CLASS o9 09/SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS A^. Ul k^0'.><. Phryn vimLEGAL DESCRIPTION Lo r iO/- C ^ f 3^^ I TYPE OF VARIANCE REQUESTED (Please Check) t/structure Setback Structure Size Sewage System Subdivision WECSCluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. /^7- vOiHn /S / d o f/4c L^/<^ " Consl^^-l- ^ aded^ IS zoo', ]fay,unLt Phi ^ok -h<d-h''i lalu ms udussihd korrt ^ ' -h tL rVB Upt in (fir ptiint vJ/ 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. A^/ IS CL\n I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCB^ANAGEMENT REGARDING THIS MATTER. zbAJ- 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) 345.194 • Victor Lundeen Co . Punters • Fergus Falls. Minnesota 1^?:/0s^onDate Of Hearing Time Motion Dennis Pottebaum - Variance application approved as requested. (8:10 p.m.) After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a new dwelling and deck 100’ from the ordinary high water level. The variance as approved will allow the applicant the ability to enjoy the same rights and privileges as others in this immediate area and will provide the applicant with a reasonable use of his property. The variance as approved does not directly or indirectly grant any other variances for the proposed development or future development. Chairman/Otter tSM County Board of Adjustment Permit(s) required from Land & Resource Management Y Yes (Contact Land & Resource Management) No TjnjnCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 ■ Tamara Uselniaii lit. Al. - Approved/Denied with a condition. (7:30 p.ni.) Continued After discussion and consideration, Thomas Lee made a motion, seconded by Richard Gabe and can ied with Paul Larson voting no, to approve a variance of 6’ from the required ordinary high water level setback of 100’ for the addition/replacement of a deck 94’ from the ordinary high water level; to deny the 5’variance as requested from the existing holding tank; to approve a variance of 33’ from the required ordinary high water level setback of 100’ for the addition of a pergola 67’ from the ordinary high water level; to approve a variance of 9’ from the required lot line setback of 10’ for the placement of a 6’ overhang over a patio door located 1’ from the lot line; to approve the proposed conversion of the bait store approved under CUP 5326 to a non-dwelling; and to deny the proposed construction of an 8’ by 12’ screen house/storage shed on an existing cement pad, which is located on the northwest comer of the property with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The approved variance will allow the property owners to make improvements to their property. The variances as approved do not directly or indirectly grant any other variances for the proposed development or future development. Michael and Susan Keraus- Variance application approved as requested. (7:50 p.m.) Michael and Susan Keraus, Lot 1 Stuart Lake Addition and Lot 2 Stuart Lake Park, Stuart Lake in Girard Township, requested the following: Requesting to be setback from the ordinary high water level 62’ and setback from the road right-of-way 13’ for detached garage 20’ by 26’. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Chris McConn and unanimously carried, to approve a variance of 38’ from the required ordinary high water level setback of 100’ and a variance of 7’ fiom the required road right-of- way setback of 20’ for the placement of a 20’ by 26’ detached garage 62’ from the ordinary high water level and 13’ from the road right-of-way. The hardship /practical difficulty is the unique and shallow shape of the applicants’ lot. The variances as approved do not directly or indirectly grant any other variances for the proposed development or future development. Larry and Diana Oilman - Denied. (7:52 p.in.) Larry and Diana Ohman, part of Government Lot 4, Section 11 of Eagle Lake Township by Eagle Lake, requested the following: Requesting to build a new dwelling 16.5’ from the top of the bluff, required setback is 30’ and to be 10’ from road right-of-way, required setback is 20. Also requesting to build a 12’ by 12’ deck 15’ from the top of the bluff, required setback is 30’. The audience was polled with Kelly Hepper, Eagle Lake Association expressing concerns with water drainage and the impact to the bluff. After discussion and consideration, Steve Schicrer made a motion, seconded by Thomas Lee to approve a variance of 10’ from the required road right-of-way setback of 20’ and to deny the variances as requested from the bluff with the condition that water from the proposed structure must be direct away from the bluff This motion to approve failed with Richard Gabe, Paul Larson and Danen Newville voting no. Those members voting against the motion indicated that there is no suitable building area for anything more than a small camper and the property should be use as it was in the past. Those members voting in favor of the motion felt that the 10’ variance from the road right-of-way might provide the applicants with an opportunity to have a reasonable use of their property. S Dennis Pottebaum - Variance application approved as requested. (8:10 p.in.) Dermis Pottebaum, Lot 42 Block 1 The Peninsulas, Kemp Lake in Dora Township, requested the following: My requested setback is 100’ from the lake - Ordinary High Water Level to construct a new dwelling with a deck. Required setback is 200’, variance request is 100'. Please note that this lake was reclassified from an RD Lake to a NE lake in 2009. The audience was polled with Virginia Sonnenberg questioning if the same type of variance would be available to the property that she represents. It was noted that each property is unique and that she can certainly apply for the same type of variance. The action taken on this request may or may not establish precedence. After discussion and consideration, Thomas Lee made a motion, seconded by Dairen Newville and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a new dwelling and deck 100’ from the ordinary high water level. The variance as approved will allow the applicant the ability to enjoy the same rights and privileges as others in this immediate area and will provide the applicant with a reasonable use of his property, fhe variance as approved does not directly or indirectly grant any other variances for the proposed development or future development. July 13,2017Page I 3 of 6 SCALE DRAWING FORM 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). Scale 4^ ■ ■ - -.. r -r*" *DateSignature of Property Owner BK —042016 360,800 * Victor Lunddon Co„ Printers • Fergus Falls. MN * 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s)'/:? VO RCU Parking Area(s) /£0MiscellaneousRetaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous / 9TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^fP Ft^Total Buildings 'AJSQ, 0 O^ j, c o 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^ 1.1/00 7»/i7Z/‘/7X ■ II 100+X Impervious Surface Calculation Worksheet 04-11-2016 Signatur^Date To the Otter Tail Board of Adjustment We understand that Denny and Robin Pottebaum are looking for a variance to build a dwelling on Lot 43 which is adjacent to our property. We have no problem with this and hope that you grant them the variance. Thank you \ f 3C6 Amy Busko Dennis Pottebaum <dennisp@quality-resource.com> Thursday, June 22, 2017 11:09 AM Amy Busko Dennis Pottebaum Pottebaum Petition Fast B&W scan to a PDF file_l.pdf; 20150905_170345.jpg; Apple Orchard Group jpg From: Sent: To: Cc: Subject: Attachments: Amy, Thanks for your help on this! Attached is a letter to the Board, signed by the neighbors with adjoining land to the lot, agreeing to the build. Comments: When we purchased the land back in the 80's it was a normal lake and the setback was 100 feet. It was possible to build on the lot then. When it was changed without notice to the present lake type and restrictions, it became an unbuildable lot. So after more than 30 years of ownership and taxes, my family cannot use it for what we purchased it for. We initially wanted to turn the building the other direction but that would put us about 15 feet closer to the lake so we changed it to make sure we were the 100 feet away. In talking with an architect that works on homes on Lake Minnetonka, he indicated that what officials there are suggesting, is to put gutters and downspouts that drain into a rain garden on both sides of the building to catch run off. I am willing to do that here. We respect the environment and the beauty of the lake area. We have been certified by the Printing Industries of the Midlands as a PIM Great Printer do to our environmental initiatives. We were recognized by the City of Plymouth and received its Environmental Champion Award. Our family has been blessed with five children and seven grandchildren thus far. We can only expect this to grow. One of our grandchildren, Jaeger, is a special needs child that will grow to be a special needs adult. He cannot talk, he cannot walk, feed himself or other functions that most of us take for granted. He has limited vision and little control of his body. We do not know if he even recognizes us. There is little joy in his life! The one thing we do know is that he does enjoy the his time up north. He can see the sun thru the trees and the light dancing thru the leaves brings sounds of joy from him that we seldom hear otherwise. He is content to enjoy time on the deck and the pontoon. He is occasionally free from a life in a wheelchair to float in the water, a joy that will be removed as he gets older and unable to manage by his parents. 1 a — a~ This building will allow us to have a place to store the many special things he needs when he is there and provides a place for others in our family to enjoy the lake life, as we need to dedicate space and a special living enviornment for him and his parents. It will soon be forty years that we puchased the lot and cleared it by hand to erect our cabin about four years later. I am coming close to realizing my dream of retirement and enjoying the sights and sounds of children and grandchildren. This variance is extermely important to allow us to enjoy the results of our labor and investment. I respectfully ask that you grant this. Thank you Denny Pottebaum & family 2 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 TAIL Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Dennis Pottebaum 7229 Terraceview Lane Maple Grove, MN 55311 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, July 13, 2017 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 pubjic hearing. The property concerned in the application is legally described as Lot 43 Block 1 The Peninsulas Property Address - Located across from 30413 Wingley Lane - 56587 Section 9, Township 136, Range 41 - Township Name - Dora Lake No. 56-1626, Lake Name - Kemp, Class - NE The variance requested is the following: My requested setback is 100’ from the lake - Ordinary High Water Level to construct a new dwelling with.a deck. Required setback is 200’, variance request is 100’. Please note that this lake was reclassified from an RD-Lake to a NE lake in 2009. Stein Board of Adjustment Secretary June 22, 2017 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 23rd^ day of June, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Dennis Pbttebaum, 7229 Terrace View LN, Maple Grove, MN 55311 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 Julie Aadland, DNR Eco & Water Resources, 1509 1^* 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 barren M NewYille, 614 6*'’ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Richard Gabe, 25826 County Highway 20, 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: June 23rd, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment LieBy: Vi Manderud KEITH O & CATHERINE J MOE 30515 WRIGLEY LN VERGAS, MN 56587 9373 MATTHEW W & KERRI A LONGTIME 17505 54TH ST SE CHRISTINE, ND 58015 9200 ROGER A & SHIRLEY R ADRIAN 807 4TH AVENE BARNESVILLE, MN 56514 3327 DIRK & KATHLEEN OKLANDTSTS PO BOX 203 VERGAS, MN 56587 203 LESLIE 0& JOANN NESVIG PO BOX 255 LA MOURE, ND 58458 255 NESVIG VAATION HOLDINGS LLC 204 6TH AVE NE LAMOURE, ND 58458 7236 f GLEN E PFEIFFER & M ANDERSON 43277 COUNTY HIGHWAY 85 DENT, MN 56528 9048 DENNIS L POTTEBAUM 7229 TERRACEVIEW LN ’ MAPLE GROVE; MN 55311 2146 WAYNE C & DARCY J PETERSON 4115 BALSAM-LN PLYMOUTH, MN 55441 6007 BERTHA SONNENBERG ATTN VIRGINIA SONNENBERG PR 141 LINDEN ST E ■ VERGAS, MN 56587 4013 DAVID & SHIRLEY TRICKLE 13872 12TH AVE S GLYNDON, MN 56547 9554 KIMBERLY A TOBiOLT ETAL 2514 RIVER DR N MOORHEAD, MN 56560 1425 J • > .li-