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HomeMy WebLinkAbout16000991038000_Variances_03-22-20171190604 Date Stamp CAROL SCHMALTZ otter tail county recorder FERGUS FALLS, MN RECORDED ON 05/16/2017 11:02 AM OO CvjCO FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD; N o VlNR-CO •X ^ ^ ft WVI o’— tfS®'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 .PC)Application Fee 102'‘I Receipt Number '/ 7 DAYTIME PHONE ^ f> ' 1>°!Lp ~ COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date /^A' MAILING ADDRESS ^(£>S~7y 0^ ^ ( 7 /^^ S O 7 number5^^ 3 ' lake name Z- QOi^ L'^ G PROPERTY OWNER roLAKELAKE CLASS 03 CX//zZk T)nr^SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS/Lp'OOQ-99' OOO Uonc - U2C. AtF h> ' • mn)9LEGAL DESCRIPTION CU>f I TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS . ' /\ t: 7'^^ ^"7 ' ^ SD o> S ^ 7> 0 o/i^Fr /Fj L Concr^-h /04t/o h /J/Jh/'S f"-” X s6p/^ ^ A P)rou^6. )THIS WILL BE USED FOR PUBLIC NOTIFICATION. • /r onn 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. 7/n')C>^'7 i/• ^ ^ uc-t^ 3//y/22c>/-7 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) 345,194 • Victor Lundeen Co . Printers • Fergus Falls. Minnesota ,//J. ^6/7 TimeDate Of Hearing Motion Kurt and Kathy Keena - Withdrawn April 13, 2017 meeting - The audience was polled with no one speaking for or against the variance as requested.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 to approve the variance as requested for the house and concrete patio and to deny the requested variance from the side lot line for the location of an outbuilding/shop 5’ from the side lot line. This motion failed to pass with Darren Newville and David Wass voting no and with Steve Schierer abstaining due to a potential conflict of interest as it relates to his profession. Those voting no indicated that this is an undeveloped lot, which was just recently platted and should contain a buildable area that does not require variances from the required standards. Earlier in the discussion, the applicants noted that there are some restrictions on the lot that limits the available area and usability of the property; however, not documentation was available at the public hearing to support that claim. After the previous motion failed additional consideration was given to the previous discussion and Thomas Lee offered a motion, with the applicants’ verbal permission, to table their request until the May 11 meeting of the Board of Adjustment so that the applicants would have an opportunity to find and present additional information regarding the availability and usability of this particular property. This motion was seconded by David Wass and unanimously carried. May 11,2017 meeting - Prior to the May 11, 2017 meeting, Kathy Keena submitted an email notifying the Board of Adjustment of her intent to withdraw the application. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) ;)L_ No IkvAiJlr, .>^li6ln tf L R Official/Date ' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 ■ ■ Kurt and Kathy Kcciia - Withdrawn Kurt and Kathy Keena, Lot 2 Block,! Loony Acres, Loon Lake in Dora Township, requested the following; Requesting to set house 30’ from bluff making the 40’ by 12’-concrete patio 22’ from bluff/ Second request, place outbuilding/shop 5’ from side lot line. This will create enough room between house and shop to get a vehicle through, Appearing with the applicants at the public hearing was Timothy V. Kilman, the applicants’ contractor.' April 13, 2017 meeting - 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 to approve the variance as requested for the house and concrete patio and to deny the requested variance from the side lot line for the location of an outbuilding/shop 5’ from the side lot line. This motion failed to pass with Darren Newville and David Wass voting no and with Steve Schierer abstaining due to a potential conflict of interest as it relates to his profession. Those voting no indicated that this is an undeveloped lot, which was just recently platted and should contain a buildable area that, does not require variances from the required standards. Earlier in the discussion, the applicants noted that there are some restrictions on the lot that limits the available area and usability of the property; however, not documentation was available at the public hearing to support that claim. After the previous motion failed additional consideration was given to the previous discussion and Thomas Lee offered a motion, with the applicants’ verbal permission, to table their request until the May 11 meeting of the Board of Adjustment so that the applicants would have ,an opportunity to find and present additional Information regarding the availability and usability of this particular property. This motion was seconded by David Wass and unanimously carried. May 11, 2017 meeting — Prior to the May 11, 2017 meeting,- Kathy Keena submitted an email notifying the Board of Adjustment of her intent to withdraw the application. Peterson Family Cabin LLC - Tabled. This application had its first public hearing on Thursday, May 14^ 2015 and has been continuously tabled per the applicant’s written request. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:38 p.m. Prepared by;- Wayne Stem, Secretary U3l The minutes were mailed on Monday, May 1-5, 2017, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. I, May 11,2017Page I 5 i • Keena, Kathy <Kathy.Keena@CO.DAKOTA.MN.US> Thursday, April 27, 2017 8:28 AM Wayne Stein Variance Request - Tabled From: Sent: To: Subject: Good morning Wayne; I'm contacting you in regard to the variance,request my husband Kurt and I submitted concerning our lake lot-on Loon Lake (Parcel No. 16-000-99-1038-000) which was tabled to the May 11, 2017, Board of Adjustment meeting. The purpose of this email is to advise you'that we are withdrawing our variance request.: Thank-you for your time and consideration.f Best, Kathy Keena Kathy Keena 1 Criminal Division Head "'S. Dakota County Attorney's Office pi 1560 Highway 55 | Hastings MN 55033 I— 651-438-4438 | www.co.dakota.mn.us/government/attornev ■: Our mission is to promote justice, pubiic safety, and effective government by prosecuting crime, protecting those in need, and representing Dakota County. THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. : , I . 1 Dave aiid Bcrnicc LaPash - Variance application approved as requested. (6:43 p.m.) Dave and Bernice LaPash, Lots 6 and 7 Block 1 Pisclike and Taylor Addition, Spitzer Lake in Leaf Mountain Township, requested the following: Replacing existing dwelling with new dwelling and attached garage. Requesting 121’ variance, dwelling to be 79’ from ordinary high water level at closest point. Requesting to increase impervious surface horn 2,376 square feet to 3,796 square feet in shore impact zone. Hardship is a substandard lot - unable to meet requirements for shore impact zone. Impervious space does not exceed total lot coverage. The audience was polled with Ronald Christenson and Randy Johnson speaking for the variance as requested. Letters from Ivan Kahle, and Dave and Connie Ross in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, seconded by Dairen Newville and unanimously carried, to approve a variance of 121’ from the required ordinary high water level setback of 200’ for the placement of a new dwelling and attached garage 79’ from the ordinary high water level at the closet point as depicted on the drawings submitted with the variance application and to approve the increase in the impervious surface coverage within the shore impact zone from 2,376 square feet to 3,796 square feet. Hardship/practical difficulty is a substandard lot of record and the unique shape of the applicants’ property. The variance as approved will also allow the applicants to enjoy the same rights and privileges as others in this innnediate:area. The variances as approved do not directly or indirectly grant any other variance for the proposed development or for any future development. John and Jiidi Scheid - Variance application approved as requested. (6:47 p.m.) Jolni and Judi Scheid, part of the Northwest Quarter of the Southwest Quarter, Section 29 of Dane Prairie Township by Swan Lake, requested the following: Request for variance to include the following three items. » Expansion of deck attached to Structure #1 from 4’ by 12’ to 8’ by 15’. • Expansion of deck next to Structure #4 from 199 square feet to 219 square feet. • Include parking spaces at a 10’ setback to accommodate Otter Tail County Public Health spacing requirements, by spreading out of existing seasonal sites. 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 Darren Newville and unanimously can ied, to approve the variance as described in the variance application dated March 22, 2017 and as depicted on the drawing submitted with the. variance application. It was noted that much of the proposed development is maintenance and/or to address safety issues. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development. Kurt and Kathy Keeiia - Tabled until the May 11, 2017 meeting of the Board of Adjustment. (6:50 p.m.) Kurt and Kathy Keena, Lot 2 Block 1 Loony Acres, Loon Lake in Dora Township, requested the following: Requesting to set house 30’ from bluff making the 40’* by 12’ concrete patio 22’ fi om bluff Second request, place outbuilding/shop 5’ from side lot line. This will create enough room between house and shop to get a vehicle tluough. Appearing with the applicants at the public hearing was Timothy V. Kilman, the applicants’ contractor. The audience was jjolled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee to approve the variance as requested for the house and concrete patio and to deny the requested variance from the side lot line for the location of an outbuilding/shop 5’ from the side lot line. This motion failed to pass with Dairen Newville and David Wass voting no and with Steve Schierer abstaining due to a potential conflict of interest as it relates to his profession. Those voting no indicated that this is an undeveloped lot, which was just recently platted and should contain a buildable area that does not require variances from the required standards. Earlier in the discussion, the applicants noted that there are some restrictions on the lot that limits the available area and usability of the property; however, not documentation was available at the public hearing to support that claim. After the previous motion failed additional consideration was given to the previous discussion and Thomas Lee offered a motion, with the applicants’ verbal permission, to table their request .until the May 11 meeting of the Board of Adjustment so that the applicants would have an opportunity to find and present additional information regarding the availability and usability of this particular property. This motion was seconded by David Wass;and unanimously carried. James G and Susan M Tomezik - Variance application approved as requested. (7:08 p.m.) James G and Susan M Tomezik, part of Government Lot 2, Section 1 of Clitherall Township by West Battle Lake, requested the following: Normal setback form easement is 20’. Would like 10’ setback on south end to build a 30’ by 40’ storage structure this would allow ample setback from septic tank. 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 can ied, to approve a variance of 10’ fi'om the required road right-of-way setback of 20’ for the placement of 30’ by 40’ storage structure 10^ from the easement road right-of-way. The applicants were encouraged to find the exact location of the easement and their back lot line before proceeding with the proposed development. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. 'April 13, 2017Page I 2 Notice of Hearing for Variance otter Tail County Government Services Center SIOFIrAveW Fergus Falls,MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co'.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: ‘ Kurt and Kathy Keena 26577 Fox Lane Detroit Lakes, MN 56501 , has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements,of the Otter Tail ' County Shbr;eland 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 13, 2017 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 2 Block 1 Loony Acres, Property Address - Located Adjacent to: 45750 310"' Ave - 56587 Section 3, Township 136, Range 41 - Township Name - Dora Lake No. 56-523, Lake Name - Loon, Class - RD the variance requested is - the following: Requesting to set house 30’ from bluff making the 40’ by 12’ concrete patio 22’ froih bluff. Second request, place outbuilding/shop 5’ from side lot line. This will create enough room between house and shop to get a vehicle through. ■ Wc^ne Stein Board of Adjustment Secretary March 23, 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 24th, day of March, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Kurt and Kathy Keena, 26577 Fox Lane, Detroit Lakes, MN 56501 Greg Meyer, Dora Township Clerk;- 33111 State Highway 108, Dent, MN 56528 Loon Lake Association , do Sandy Gfonhovd - PO Box 236 - Vergas, MN 56587 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Public Works Director, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water ResourcesV 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 Darren M Newville, 614 6**' St NE, Perham, MN 56573 David Wass, 2913 260^'' St., Underwood, MN 56586 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 23, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: VilManderud PAUL E& CARMEN I BRUHN PO BOX 125 VERGAS, MN 56587 125 PAUL A & KIMBERLY K ANDERSON 51448 LAKE SIX RD FRAZEE, MN 56544 8915 DENNIS &.JOYCE BEREND 3540 UNiVERSITY DR S APT 217 FARGO, ND 58104 6283 : CHARLES N LILLI BRIDGE 910 5THAVES FARGO, ND 58103 1722 KURT B & KATHRYN M KEENA 925 BAHLS DR APT 304 HASTINGS, MN 55033 3716 JOSHUA R M HANSON ■ PO BOX 9 VERGAS, MN 56587 9 MARK A & JEAN C SPIEKERMEIER • 45654 310TH AVE VERGAS, MN 56587 9100 MARC A & PAMELA K OELSLAGER 31134 COUNTY HIGHWAY 4 VERGAS, MN 56587 9404 RODNEY W & MARJORIE RICHTER 31425 COUNTY HIGHWAY 4 VERGAS, MN 56587 9404s' CHRISTIAN VONNIEDERHAUSERN 30932 COUNTY HIGHWAY 4 VERGAS, MN 56587 9300 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT public; WORKS DIVISION VWVW.CO.OTTER-TAlL.MN.US , GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT. BETWEEN OCTOBER & MARCH 31^^ I 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 # l - po o - ^ ^ ) 03d- described Application(s) datedon my 3//5/Z7 f. Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Applicatlon(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action ;on my Applieation(s). Q I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). 6-n-n •g=? "Property OWNERDATED LR: Forms: Waiver 60 Day Rule 02-21-2017' • f Ljr w* i ^ /^i\jWes.t 137.10 feet dong vay No. 4; thence of said County State 7 centra! angle of 05 " distance of 568.62 jt); thence South 50 30 degrees 32 minutes >outh 08 degrees 46 thence North 81 monument; thence und iron monument; to a found iron 283.07 feet to a econds East 151.86 ees 56 minutes 07 Lake; thence ?st line of said Section more or less, along e continuing North 00 ‘ line of said Section 3 State of A County of Title )TheState of Minnesota County of_________me, a No 2006, by The foregoing instrument was acknowledged before me, day of---------------------------------------,a Notary Public, this 2006, by Joshua Roger Michael Hanson, a single person.i Iii I,' -5s Notary Public of Minnesota My commission expires____ This Township 4I 5 §;state of-. County of ) The foregoing instrument was acknowledged before me, day of________________________-ia Notary Public, this 2006, by___________ and by_____________ Clerk __, its__________________ , its Washington Mutual Bank F.A., an Illinois corporation, on behalf of said corporation. ;:l tied as LOONY ACRES urposes COUNTY STATE as shown on the : for utility purposes hereby donate and ^ENTS as shown on the 's edge of said Loon cord. . of Compd ,1 Notary Public_________ My commission expires William E. K<i Subdivision Cl I />-r I.p.L.'^ ! West line of Section 3-136-41^ i‘.|i — M(From the northi------N00-22'51"E 1535.46‘±------ N89‘37'09“W ^ 70.00'Survey DEDICATED i S12'26'20 W1374.00’ (N.G.V.D. 1929)44.50’ LINE TABLE LINE BEARING DISTANCE 63.94’N73’11’39"ELI CURVE TABLES74'36'12”E 54.32’L2 75.28’S09‘56’04”WL3 CURVE CENTRAL ANGLE RADIUS ARC LENGTHS09'56’04”W 60.71’L4 162'49’41"70.00’198.93'ClS09'56’04”W 14.57’L5 95-58’33“70.00’117.26’C2N88'58’30"W 51.18’L6 66-51’08"70.00’81.67’C3N35-32’53"W 85.07’L7 I SCALE DRAWING FORM /^- -/DSt- 00 O 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 / 0 \ I 1I ; 1 ! I I I II I I i II I I I 1 1 I 1 I I / //T) j I 1 1 I I I Signature of Property Owner DateiI BK —042016 360,800 • Viciof Luncleen Co. Printers • Fergus Falls, MN • 1-8 0 0-346-1870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): io 0^ QO(D Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^ Ft^ Ft^Ft I I 2, 'So Dwelling Deck(s) '717Attached Garage Patio(s) 33.Detached Garage Sidewalk(s) Storage Shed Landing(s) 3^00WOASDriveway(s) RCU Parking Area(s) /O OMiscellaneousRetaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous V.575TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^ Ft^Total Buildings Ft (9.7L^5.1 H.sns\A “7.loO.ooo 1001-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^ |,|di0,000 /V.(9.100X Impervious Surface Calculation Worksheet 04-11-2016 3//&/;ip/-7Signature:^Date 'YJrr) 4 1I'i .ir/s ^/‘■h .■J-'^- *K />.1 i<z' MFT/;, //; :\M\,wm.i \.;R‘«1/. 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SIDE LOT LINES ARE ONLY DRAiNN TO 150' TO MAINTAIN 1/3" SCALE BLUFF 140' a 68' 12' X 40' CONCRETE PATIO 20S0&C2090SCSOSOFX 5090PX X606C205O6C i T 12 1 16 15/16"13‘ COHMERCIAL 6LA5S BT OTHERS COHHERClAk OUASS BT OTHERS f-h %©6UE5T1 °OVHPLLFaster bdrm i -cDIN1N6UIVIN6 43'Si CLOSET S RIDCE OF 3/12 VAULT 40‘*3 1/2"ELECTRIC PEDESTAL 2M i I 6UEST BATH ^ 4'-0 1/2" -f17^' MA Cl 10'-5 1/2"5TER BATH Cd r I906» (j)|)i 5068 i3ISLAND If;ntry Mi'S f■ ■'GENTRYB532 I22rrr-2 3/4" '■KITCHENq'-61/2't8'-q 1/4"T-3 1/2"T-T 1/2'LAUNDRY 2UfTli26UEST 2I->90682 10' P4ITH OVERHANC TO 1 o306830900C3030FA2E O12'2 <DILITYU'i O30'X 6'PATIO T3 CO ^ oi n£> o•U)££ SIDE LOT LINE o4090DCIO'cOOCO3868 CO oIc 1— ,JL V oS T □il^ vO 33' S 6^in o E o 3sz2in t s S' 3 o V -a > OvO22O CO2inSARACE 33'-0''X31'-5" ilO th(O Xa14'-fh V m JZ l^l* (10016 32 13'X 4*yj.LIVINC AREA 2256 SO FT/160T6 T8' o34' X 22' APRON o>-in inCO<0 vO Q E S T- w X inLUz c>vOTOOin~CN <u in X Q _ cO O «5 1 _E Q U_ _J vO _ rsi 0“d) C r- 2 ^ s< _l to CN D CN alCLCARA6E 31'-0"X3£'-0"toiD QiooQ II-DATEo CO O 3/16/2017“1 i- >- I5' kSITH OVERHANC lU SCALE> O' D i/s"=ri SHEETPLOT/ .1