HomeMy WebLinkAbout51000020036000_Variances_01-16-2013Variances
2
Barcode 128
^26543
DOC# 1126543Date Stamp
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA 1126543
Fee: $46.00
Well Certificate [ ] Rec'd^'97 0 "" '>"19 Certified, Filed, and/or Recorded:
April 23, 2013 2:00 PM
Wendy L. Metcalf, Recorder
' N«n p ^ ~RECEIVED
Returned To:
LAND & RESOURCE
LAND & RESOURCE
L&R Initial___________By: LL
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
■o-i^ yii-1
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
LAKE NUMBER O'_____LAKE CLASS
P^rVitv>-A p
LAKE NAME »
13.6?gy\TOWNSHIP NAMETOWNSHIP
^ 5 iODO<).
51-000 ^ -0 3UO -oao
RANGESECTION
i]i\rS /AlC. ^X'Vo-^SSl'bE-911
ADDRESS
PARCE
NUMBE
oi- loft-, A1 ^efces P (r> ^
^aV3- 0^ U^I>\o^ A 6c\j ^
TYPE gtVARlANCE REQUESTED (Please Check)
oo 13X'^^3-* 5 li^e
WECSSewage System Subdivision Cli^ter Misc.tructure SizeStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
I am requesting a variance to split a standard parcel (5100099036000) from a substandard lakeshore parcel (51000020036000) in order to
single family residential lots. The two parcels are contiguous and are both owned by me, necessitating the variance. I am currentlycreate twopaying the taxes for my standard parcel through the escrow account associated with my mortgage, but I pay the taxes for the substandard lot
separately. I assumed this was because the lots were already separate. The standard lot is 60,000 square feet, and it will not change in size if
the variance is approved, nor will there be any changes to the structures, well, or septic. The substandard lot will also not change in size
(13,000 square feet, 50 ft. by 260 ft.), though part of my variance request is to add structures, a well, and septic system to the lot, all of which
are outlined on the scale drawing form. I am requesting the variance without a surveyors' drawing. As can be seen on my scale drawing that
outlines current lots and buildings, most of my neighborhood consists of smaller cabins or homes on lake lots that are 50 ft. wide. My
immediate neighbor's structure to the East is what I would like to use as a setback standard from the lake. His structure is closer than the 75'
required by Land and Resource)
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.
'//6>//3
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
■I
TimeDate Of Hearing
Motion
Brian Mann - Approved the proposed subdivision as requested with a condition and modified the ordinary
high water level setback request. (6:47 p.m.)
After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approved
the proposed subdivision as stated in the variance application dated Decembers, 2012 with the condition that a registered
surveyor’s drawing must be provided and to approve an ordinary high water level setback for the applicant’s lake lot being no
closer to the ordinary high water level than the front of dwelling on the neighbor’s property to the east. It should be noted that the
variances as approved do not grant directly or indirectly any other variances for the proposed or future development.
Chairman/Ofter 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
LR Official/Date
bk 072011-001
. »SCALE DRAWING FORMt
SiiOOOO 0 2.1,000
Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scaie (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, welis, wetiands, topographic features (i.e. biuffs), and onsite impervious surface
caicuiations.
1 _ H %Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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iBK — 0909 338,596 < Victo Lundwn Co, Printers • Fergus 1 alls. MN • 1-800-346-4870
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r IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Structure(s):
9^0 Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
:.7*2 Ft2Sidewalk(s):
Ft2Staitway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
aa-ioTOTAL IMPERVIOUS SURFACE:
7,000 Ft2LOT AREA:
^,POO ,%X 100 =
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
•f-
SCALE DRAWING FORM i!I
Tax Parcel Number(s)
The scale drawing must be a signed drawing which inciudes 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.
inf4 %TImpervious Surface Ratio
(Must Complete Worksheet On Other Side)
Scale
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Signature of Property Owner Date t
iaUlMN • 1-800.346-1870II
BK — 0909 • Victoj338.596 LundMn Co. Printars • Fsrgu»!T'!
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April 18, 2013
Page # 2
Glen and Ruth Maroney/Grey and Pam Maroney - Approved the variance application as modified
and with conditions. (6:40 p.m.)
Glen and Ruth Maroney and Grey and Pam Maroney, Lots 1, 2 and 3 Bakers Addition to Leafside, and Lots 1 and 2 of
Leafside, East Leaf Lake in Leaf Lake Township, requested the following: Proposing to split Lot 3 of Bakers Addition
- Leafside from Lot 2 of Bakers Addition - Leafside and permanently attach Lot 3 of Bakers Addition - Leafside to Lot
1 of Leafside. Lot 2 of Bakers Addition to Leafside to be permanently attached to Lot 2 of Leafside. All lots to remain
buildable for single family residential use. The audience was polled with on one speaking for or against the variance
as requested. After discussion and consideration, Paul Larson made a motion, second by Michael Harris and
unanimously carried, to approve the permanent attachment of Lots 1 and 3 Bakers Addition to Leafside to Lot 1
Leafside and the permanent attachment of Lot 2 Bakers Addition to Leafside to Lot 2 Leafside with the following
conditions; 1.) Lots 1 and 2 Leafside will be remain buildable for single family residential use, 2.) Lots 1, 2 and 3
Bakers Addition to Leafside will be considered as buildable for nonresidential structures and 3.) the area contained
within the back lots (Bakers Addition to Leafside) cannot be used when determining impervious surface coverage for
front lot development.
Brian Mann - Approved the proposed subdivision as requested with a condition and modified the
ordinary high water level setback request. (6:47 p.m.)
Brian Mann, part of Lot 6 and all of Lot 7, Block 1 and part of Government Lot 2, Section 2 of Perham Township by
Little Pine Lake requested the following: “I am requesting a variance to split a standard parcel (51000990360000)
from a substandard parcel (51000020036000) in order to create two single family residential lots. The two parcels are
contiguous and are both owned by me, necessitating the variance. I am currently paying the taxes for my standard
parcel through the escrow account associated with my mortgage, but I pay the taxes for the substandard lot
separately. I assumed this was because the lots were already separate. The standard lot is 60,000 square feet, and
it will not change in size if the variance is approved, nor will there be any changes to the structures, well, or septic.
The substandard lot will also not change in size (13,000 square feet, 50 ft. by 260ft.), though part of my variance
request is to add structures, a well and septic system to the lot, all of which are outlined on the scale drawing form. I
am requesting the variance without a surveyor’s drawing. As can be seen on my scale drawing that outlines current
lots and buildings, most of my neighborhood consists of smaller cabins or homes on lake lots that are 50ft. wide. My
immediate neighbor’s structure to the East is what I would like to use as a setback standard from the lake. His
structure is closer than the 75’ required by Land and Resource, being 60’ from Ordinary High Water Level and that is
the setback I request.” The audience was polled with on one speaking for or against the variance as requested. A
letter from Ted Umhoefer providing additional information for consideration by the Board was read for the record.
After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to
approved the proposed subdivision as stated in the variance application dated December 6, 2012 with the condition
that a registered surveyor’s drawing must be provided and to approve an ordinary high water level setback for the
applicant’s lake lot being no closer to the ordinary high water level than the front of dwelling on the neighbor’s property
to the east. It should be noted that the variances as approved do not grant directly or indirectly any other variances
for the proposed or future development.
James D. Jensen - Approved the variance application as requested with a condition. (6:58 p.m.)
James D. Jensen, part of the Southwest Quarter of the Southeast Quarter and Part of Government Lot 5, Section 21
of Hobart Township by Rose Lake, requested a variance from subdivision controls ordinance to allow purchase of a
2.5 acre parcel from James D. Jensen, without platting, and as a substandard nonresidential lot which would be
permanently attached to the existing lake lot, T6, owned by Lucinda and Jerry Michalski. The 2.5 acre parcel is
predominantly wetland and contains very little area for other than a possible partial septic drain field and small
outbuilding for storage. Jensen to retain 2.5 acres of his original 5 acre back lot. The parcel to be acquired by the
Michalskis would be permanently attached to parcel # 32-000-21-0154-014. A survey will be done for the 2.5 acre
lots if a variance is approved. The audience was polled with on one speaking for or against the variance as requested.
After discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud and unanimously carried,
to approve the variance as requested in the variance application dated February 5, 2013 with the condition that a
registered surveyor’s drawing must be provided at the time of conveyance. It should be noted that the variance as
approved does not grant directly or indirectly any other variances for future development on this property. Practical
difficulty is the unique characteristic of the property.
Dwvi1* f I «W
April 5, 3013
Mr. Wayne Stein
Board of Adjustment Secretary
Ottertail County Government Service Center
510 Fir Ave. W
Fergus Falls. MN 56537
■''cr,
Dear Mr. Stein.
I am writing in response to the proposed setback variance requested by Brian Mann which is scheduled
to be heard at your April 18 meeting. I own the two parcels on Little Pine directly to the east of Mr.
Mann's property. In his requested variance he states that my cabin is 60 feet from the OHWL. This
claim is false. My cabin is over 80 feet back from the OHWL which was verified by your inspector on
10/13/08. I also own the next cabin to the east which is also well beyond the 75 foot setback and I know
that at least the 4 next cabins to the east are also properly set back from the lake.
Mavis was kind enough to send me a copy of Mr. Mann's drawing. My cabin is clearly drawn improperly
and is 20 feet closer to the road (and further from the lake). Placing a new cabin at 60 feet from the
lake would block my view of the lake and harm the look of the beach for all the cabin owners.
Sincerely,
Ted Umhoefer
8787 50'*' St. NW
Annandale, MN 55302
612=867-4525
:d
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, 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:
Brian Mann
45218 445'^ Ave
Perham, MN 56573
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, April 18, 2013 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
part of Lot 6, All of Lot 7 Block 1 and part of Government Lot 2,
Property Address - 45218 445*'’ Ave
Section 2, Township 136, Range 39 - Township Name - Perham
Lake No. 56-142, Lake Name - Little Pine, Class - GD
The variance requested is -
the following: "I am requesting a variance to split a standard parcel (51000990360000) from a substandard parcel
(51000020036000) in order to create two single family residential lots. The two parcels are contiguous and are both
owned by me, necessitating the variance. I am currently paying the taxes for my standard parcel through the escrow
account associated with my mortgage, but I pay the taxes for the substandard lot separately. I assumed this was because
the lots were already separate. The standard lot is 60,000 square feet, and it will not change in size if the variance is
approved, nor will there be any changes to the structures, well, or septic. The substandard lot will also not change in size
(13,000 square feet, 50 ft. by 260ft.), though part of my variance request is to add structures, a well and septic system to
the lot, all of which are outlined on the scale drawing form. I am requesting the variance without a surveyor’s drawing. As
can be seen on my scale drawing that outlines current lots and buildings, most of my neighborhood consists of smaller
cabins or homes on lake lots that are 50ft. wide. My immediate neighbor’s structure to the East is what I would like to use
as a setback standard from the lake. His structure is closer than the 75’ required by Land and Resource, being 60’ from
Ordinary High Water Level and that is the setback I request."
'dizyne Stein
Board of Adjustment Secretary
Date: March 22, 2013
iMrn
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 25th, day of March, 2013 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Brian Mann, 45218 445‘^ Ave, Perham, MN 56573
LaDonna Tellinghuisen, Twp Clerk of Perham, 103 Pheasant Run, Perham,MN 56573
Little Pine Lake, PO Box 62, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham,MN 56573
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
R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Rick Wilson, 609 W Lakeside Dr, 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: March 25th, 2013
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
\fuiBy:
Vi Manderud
f
AHMAD Ci MELIS'SAMUHAISEN
44585 451ST ST
PERHAM, MN 56573
BUCHERTST
1151 KENWOOD LN N
CHANDLER, AZ 85226
BRIAN E MANN
3625 INGLEWOOD AVES
MINNEAPOLIS, MN 55416
CHRIS T & DEBRA DRUMMOND KIHL
3515 WESTMOOR BLVD
MOORHEAD, MN 56560
CITY OF PERHAM
PO BOX 130
PERHAM, MN 56573
CARLA E GAUWITZ
44727 YELLOW PINE DR
PERHAM, MN 56573
DALE E & ROSLYN G LUBITZ TSTS
45114 LILAC DR
PERHAM, MN 56573
CORY J & HEIDI J SOLBERG
45075 LILAC DR
PERHAM, MN 56573
DALE A & KIMBERLY A KARJALA
45129 LILAC DR
PERHAM, MN 56573
DAVID J & DENISE N SCHORNACK
44393 YELLOW PINE DR
PERHAM, MN 56573
DAVID & JEAN M PAQUIN
24692 ROLLING ACRES DR
GLENWOOD, MN 56334
DEBRA C ANDERSON TSTEE
8067 SPENCER ST
CHINO, CA 91708
DOUGLAS A & SUSAN M HUEBSCH
1126 LAKESIDE EST E
PERHAM, MN 56573
DUANE L & GLORIA J ENGEBRETSON
1096 LAKESIDE ESTATES E
PERHAM, MN 56573
DONALD G RUSNESS JR
3125 BROADWAY N APT 105
FARGO, ND 58102
GLENN & DORIS JAAKOLA
45091 LILAC DR
PERHAM, MN 56573
GENE K COLLINS
1116 LAKESIDE ESTATES
PERHAM, MN
ERIC C & ANGELA S JORGENSON
2615 OAK DR UNIT 19
LAKEWOOD, CO 80215
JAMES M & ROSE M LIMMER
44547 451ST ST
PERHAM, MN 56573
JEAN M PAQUIN
24692 ROLLING ACRES DR
GLENWOOD, MN 56334
HAROLD OVERLAND
43908 MOSQUITO HEIGHTS RD
PERHAM, MN 56573
JEROME L & MARY E DESMARAIS
812 lOTH ST S
BUFFALO, MN 55313
JOHN & JOAN M LONG
1116 PARKE AVE S
GLYNDON, MN 56547
JEFFERY & JOAN P COLE
3111140TH AVE NW
ANDOVER, MN 55304
JOHN R & ROSE M WENNER TST
18425 HIGHWAY 55
PLYMOUTH, MN 55446
JOHN N MADDOCK
9 35TH AVE NE
FARGO, ND 58102
JOHN J CAVANAGH TSTEE
1036 LAKESIDE ESTATES E
PERHAM, MN 56573
JOSEPH R NEUDECK III ETAL
24 HUTCHINSON RD
ELLISVILLE, MO 63011
JOSEPH D PEETERS
41847 FAWN OAKS RD
DENT, MN 56528
JOHN T & DONNA J GALVIN
15700 330TH ST
MONTGOMERY, MN 56069
D
KEITH A & DENISE C JOHNSON
7859 LONE CACTUS DR W
PEORIA, AZ 85382
KAY E ONEILL PICKETT HARPER
12 FOX BLUFF CT
SAINT CHARLES, MO 63301
KAREN A-WENNER
6051 RAVEN RIDGE CT
ROCKFORD, MN 55373
MICHAEL & GAIL PICKETT
44011 PAUL LAKE DR W
PERHAM, MN 56573
LOIS E AGATHER
1722 16TH ST S
FARGO, ND 58103
KELLY T COLLETTE
1106 LAKESIDE EST E
PERHAM, MN 56573
PATCOLLITON LK PROP PRTNRSHP
1725 7TH ST S
FARGO, ND 58103
NICHOLAS TADAMCZYK
45100 LILAC DR
PERHAM, MN 56573
NICHOLAS D NYHUS
45088 LILAC DR E
PERHAM, MN 56573
RAMONA LSTRUCHEN
45137 LILAC DR
PERHAM, MN 56573
RACHEL SCHMITZ
44587 YELLOW PINE DR
PERHAM, MN 56573
PAUL DANIELSON ETAL
3425 VAN DYKE ST
WHITE BEAR LAKE, MN 55110
RICHARD L & PATRICIA WINKELS
45241 455TH AVE
PERHAM, MN 56573
RICKY LEE WALK
848 4TH AVE SW
PERHAM, MN 56573
RANDALL & MELISSA A GRAHAM
45122 LILAC DR
PERHAM, MN 56573
STEPHEN W SHURE TST ET AL
197 YEAGER DRW
FARMERSBURG, IN 47850
SHARI LENIUS
45076 LILAC DR
PERHAM, MN
ROBIN & JENNIFER HANSON
PO BOX 248
PERHAM, MN 56573
THEODORE E UMHOEFERJR
8787 50TH ST NW
ANNANDALE, MN 55302
SUZANNE K ROBLE DOOM
1076 LAKESIDE EST E
PERHAM, MN 56573
STEVEN J & JACALYN K LARSON
4213 CALLOWAY CT
FLOWER MOUND, TX 75028
TO THE PUBLIC
, 0
Ml 7
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
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
# 5 IOOOO^CO:i(yOCQproperty/project (Tax Parcel
'^}a^CkV\ULydescribed in my
dated
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 Application(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 Application(s).
I—I 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).
A—
*/iWi3
DATED PROPERTY OWNER
01-03-2011
Mbovvman app &forms~ waiver 60 day rule