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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) i !ISO I ..L i i .11rT tiT1. ^--4Tt - —r -T rT....■H r -f—h1■t" t , W£'.1.i- — !. |>vt5(3 0 n vtWaV. . : : ■i to'I ■I go * ‘/.I »j I ik»'4 >/ J/;/ / ■uj«H mo' r—!:r r 1I"! 2 [ +r ■ I ■'■■■■:\ |t|* . .. ..tT71 i.r r t ••r t/j fpvP|'/ t-ti. :7£?' ...._ 1.’lo'l f- -T ■■■t I t ..U-T""' T 1 t i ;^...'■ ...^.....,,. r T ■I -i- ------i i.J •r ^*-L ;tIOHVO f !r- LMijL PV^C r er'ft'vrnV VT w^tk-ioirI T Signature of Property Owner I T Date iBK — 0909 338,596 < Victo Lundwn Co, Printers • Fergus 1 alls. MN • 1-800-346-4870 i '» 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 iI \ ii S\0.00O00Ol>(j?OOO Ml VnoV ip/yf iK)' LI La T [-i S6 I so <iO so ^c>I SO ISIB\V \A El 44 □iE'f'K •jc ICt'kih D 0QD□1'f rj#vrr*^ ^YAVC\ me-gv-ta' □□□; SepP'6 t X I 7f —■■•""I I I- !7<<wcjtlI \A r"'[~^ l-lAyirgrM* ,£pt>frri 4 .f.... ;1 r 1 rt-tMyjy^fiA ms iOoO<^ozio^c>(:> TKs lAj'll hof Ay '7........... rV^K N if •i...!•": !,1 i... „i„71.1 RECfEIVED . . . . .,yjfejJiESQU£(C.S. -r "r-■;■■■■: I/|(^/|3■i Signature of Property Owner Date t iaUlMN • 1-800.346-1870II BK — 0909 • Victoj338.596 LundMn Co. Printars • Fsrgu»!T'! u\em 1 I K:iiEa~^i aioteBlefe Sl/Qa ffeeAfeeS -efeera If;AEad fpj I I i iei iJ k I q ~ i EO-aapA a Eai 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