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HomeMy WebLinkAbout51000990274000_Variances_09-28-2017Variances Barcode 128 1199101 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/14/2017 11:29 AM Date Stamp RECEIVED QDCO OCT I '.i 2017s FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD: H ■lOo o 'CO ANNEDL&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 Soc>Application Fee S^on-^w<.COMPLETE THIS APPLICATION IN INK Receipt Number 7^ (,i Accepted By / Date i ifo<-io /IIaJ S^SZo 5^^“0Wz-<iiAKE NAME La)^ PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 6b______LAKE CLASS Perham %lll Xu^ hr LAKE NUMBER RANGEOLTOWNSHIPSECTION TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESSgSIOOor.^r)27yr.rr. ^I'Wt PiVie flaven 6tcLcK toi-^LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) ^ structure Size WECSSewage System Subdivision Cluster Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 3'^oct \/artan6(j Se'f lOcccK “(wr :recjy\re ID -fecrf h aI A. Scc^e^f\)tA u>f itif'. 7 U4ujtt ) 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. n>,SrCNATURE OF PROPE ER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) /\/Werr\7 TimeDate Of Hearing Motion Bart Anderson - Variance application approved as requested. (7:10 p.m.) After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 3’ from the required side lot line setback of 10’ for the placement of a new addition 7’ from the side lot line and a variance of 30’ from the required ordinary high water level setback of 75’ to add a second story addition to the existing cabin and for a 42’ 6” by 46’ addition 45’ from the ordinary high water level as described in the variance application dated September 28, 2017 and as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is the angle of the lot line. It was noted that the variances as requested and as approved are consistent with past action of the Board of Adjustment. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for future development. Chairman/Otter Tail County/Board of Adjustment . • Permit(s) required from Land & Resource Management . •V -.y Yes (Contact Land & Resource Management)• No k__limn R Official/Date / ' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 08232017-001 September 14, 2017Page 14 364,738 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870 , Timothy and Cheryl Stoll - Variance application approved as requested with conditions. (6:52 p.m.) - Continued Other parcel is 75 feet by 125 feet adjacent to backlot. This would be added to his backlot permanently. Mark Nygaard and Mark Helbling appeared at the public hearing with the applicant (Timothy Stoll). The audience was polled with Mike Berg president of the lake improvement association speaking in support of the variance as requested. Also speaking was Sarah Duffy, Attorney with the Pemberton Law Firm representing the Zehner Family Trust. Ms. Dufffy noted that there is no practical difficulty that would allow for the granting of a variance from the platting process, the variance application is not complete, wetland concerns and how the proposed subdivided properties will be used. Ms. Duffy requested that the application be denied. After discussion and consideration, Chris McConn made a motion, seconded by Darren Newville and earned with Jack Rosenthal voting no, to approve the proposed subdivisions (Parcel One - approximately 2.75 acres and Parcel Two- 745’ by 125’) as described in the variance application dated October 10, 2017 with the conditions that both tracts are non-buildable for residential structures, will be permanently attached to other parcel currently owned by Mark Nygaard and Mark Flelbling and a registered surveyor’s drawing must be provided. The variance as approved does not directly or indirectly grant any other variances for future development. Bart Anderson - Variance application approved as requested. (7:10 p.m.) %'S Bart Anderson, Lot 4 Little Pine Haven Beach, Little Pine Lake in Perham Township, requested the following: Requesting a 3- foot variance from the required 10-foot lot line setback for new addition to existing cabin to be 7 feet from lot line. Also requesting a 30’ variance to the ordinary high-water level setback of 75’ to add a second story to existing cabin and 42’ 6” by 46’ addition. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 3’ from the required side lot line setback of 10’ for the placement of a new addition 7’ from the side lot line and a variance of 30’ from the required ordinary high water level setback of 75’ to add a second story addition to the existing cabin and for a 42’ 6” by 46’ addition 45’ from the ordinary high water level as described in the variance application dated September 28, 2017 and as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is the angle of the lot line. It was noted that the variances as requested and as approved are consistent with past action of the Board of Adjustment, fhe variances as approved do not directly or indirectly grant any other variances for the proposed development or for future development. Jason Michael Goff - Variance application approved as requested. (7:15 p.m.) Jason Michael Goff, Southwest Quarter of the Southeast Quarter, part of the Southeast Quarter of the Southwest Quarter and part Government Lot 6, Section 11 of Friberg Township by High Island Lake, requested the following: To replace existing deteriorating and unsafe 25’ high barn and silo with new 25’ high structure. Existing barn is 128’ from closest (N) lake shore and proposed structure would be 118’ from closest (N) lake shore. 1 have two young children and am concerned for their safety, so I would like to replace the bam before it gets worse. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and unanimously carried, to approve the variance as described in the variance application dated October 15, 2017 and as depicted on the drawing submitted with the variance application. It was noted that this is an existing fann site and that the variance approval is consistent with past action of the Board of Adjustment. It was also noted that the proposed development will not obstruct the view from the adjacent properties. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development. Michelle and Timothy Richard - Variance application approved as modified with a condition. (7:18 p.m.) Michelle and Timothy Richard, Lot 2 Northland Beach First Addition, Pelican Lake in Dumi Township, requested the following: Requesting a variance to erect a detached garage that falls within lot-line setback and exceeds the impervious surface percentage. Requested setback to be 6’ 7” from property line and impervious surface to be 43.5%. Timothy Richard represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a 3’ 3” variance from the required side lot line setback of 10’ for the construction/placement of a detached garage 6’ 7” from the required side lot line setback of 10’ with the condition that no more than 30% of the total eligible lot area can be covered with impervious surfaces. The variances as approved will provide the applicants with a reasonable use of their property. The variances as approved do not directly or indirectly grant any other variances for the proposed or friture development. Page 2 of 5 N 0 \' e m b e r 9 . 2 0 17 Other Impervious Surface ______0 Square Feet ______Q_ Square Feet I 2-0 Square Feet _____0_ Square Feet _____Q_ Square Feet _____Q_ Square Feet _____0_ Square Feet O Square Feet ^ O O Square Feet O Square Feet Square Feet O Square Feet O Square Feet Q Square Feet _____0_ Square Feet _____Q_ Square Feet C~) Square Feet _____Q_ Square Feet 1 0 %0 Square Feet _____0_ Square Feet Deck(s) Existing: Deck(s) Proposed: Patio(s) Existing: Patio(s)Proposed: Sidewalk(s) Exising: S idewalk(s)Proposed: Landing(s) Existing: Landing(s) Proposed: Driveway(s) Existing: Driveway(s) Proposed: Parking Area(s) Existing: Parking Area(s) Proposed: Retaining Wall(s) Existing: Retaining Wall(s) Proposed: Landscaping Existing: Landscaping Proposed: Miscellaneous Existing: Miscellaneous Proposed: Total Other Existing Impervious: Total Other Proposed Impervious: If any of the above categories include Permeable Pavers, please indicate here. Buildings + Other Impervious Surface Percentage Calculation - Maximum Allowed 25% Total Building + Other Existing Impervious: .Square Feet — + Total Building + Other Proposed Impervious:Square Feet Total Building + Other Impervious Surface:Square Feet ^ O'h'L- Square FeetLot Area Building + Other Impervious Surface Ratio: X 100 = il^-3Building + Other Impervious Surface Percentage: Page 2 of 3 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Applicant Must Complete All 3 Pages. Buildings POOi Square Feet ' 97 Z. ^5 Square Feet _______O Square Feet ^~7 O Square Fee1<^ ________Q_ Square Feet Square Feet / Square Feet f Square Feet ________Q_ Square Feet Square Feet Dwelling Existing: Dwelling Proposed: Attached Garage Existing: Attached Garage Proposed: Detached Garage Exising: Detached Garage Proposed: Storage Shed Existing: Storage Shed Proposed: Water Oriented Accessory Structure Existing: Water Oriented Accessory Structure Proposed: Q Square Feet O Square Feet Recreational Camping Unit Existing: Recreational Camping Unit Proposed: O Square Feet O Square Feet Miscellaneous Existing: Miscellaneous Proposed: f ^ O'O^* 23 Square Feet Square Feet<^ Total Building Existing Impervious: Total Building Proposed Impervious: Building Impervious Surface Percentage Calculation - Maximum Allowed 20% Total Building Existing Impervious:j m QOOt Z-‘S Square Feet I ly Square Feet Square Feet "^1*1 Square Feet + Total Building Proposed Impervious: Total Building Impervious Surface: Lot Area Building Impervious Surface Ratio: X 100 = %Building Impervious Surface Percentage: 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.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Bart Anderson 11040 183^d Circle NW Elk River, MN 55330 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, November 9, 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 4 Little Pine Haven Beach, Property Address - 45271 Jack Pine Drive - 56573 Section 2, Township 136, Range 39 - Township Name - Perham Lake No. 56-142, Lake Name - Littie Pine, Class - GD The variance requested is the following: Requesting a 3-foot variance from the required 10-foot lot line setback for new addition to existing cabin to be 7 feet form iot line. Also requesting a 30’ variance to the ordinary high-water ievel setback of 75’ to add a second story to existing cabin and 42’ 6” by 46’ addition. ‘Wayne Stein Board of Adjustment Secretary October 20, 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 20th, day of October, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Bart Anderson, lloVo 183^“ Circle NW, Elk River, MN 55330 LaDonna Tellinghuisen, Twp Clerk of Perham, 103 Pheasant Run, Perham, MN 56573 Little Pine Lake Assoc., 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 Darren M Newville, 614 6“’ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset Dr, Fergus Falls, MN 56537 Jack Rosenthal, 150 Willow RD, Ottertail, MN 56571 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: October 20th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment (Wco-^By: Vi Manderud ROBERT & SUSAN D BENSON 1218 NEVADA ST NORTHFIELD, MN 55057 2818 BRIAN D &. LORI A CURTIS 45163 COUNTY HIGHWAY 8 PERHAM, MN 56573 8715 BART A ANDERSON 371 90TH ST NE MONTICELLO, MN 55362 3229 NICHOLAS P HOROB 6439 OSGOOD PKWY 5 FARGO, ND 58104 3319 RAYEHLYJRTST PO BOX 19606 RENO, NV 89511 2138 EDERERTST 8530 MELROSE LN EL CAJON, CA 92021 1618 ERIC C & ANGELA S JORGENSON 2615 OAK DR UNIT 19 LAKEWOOD, CO 80215 7185 JOHNSON TST 45055 RED PINE LOOP PERHAM, MN 56573 8721 ROBERT M & MARYELLEN W JAHN 3511 lOOTH STW BLOOMINGTON, MN 55431 2702 WAYNE & ROBERTA SACHS 45257 JACK PINE DR PERHAM, MN 56573 8724 SKARE FAMILY TST 628 SECTION AVE N SPRING VALLEY, MN 55975 1521 RONALD LMILLEN ETAL 14715 CASTELAR CIR OMAHA, NE 68144 2055 WILSON MINNESOTA LP 2601 VOYAGERAVE SIOUX CITY, lA 51111 1229 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USOTrCRTAII 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 1^^ & MARCH 31^^ 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 # 5lOOO^i^O X7^oQ \ldf\(FWce______________ ________), described Application(s) datedon my 5 OCT TjOH 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). Rank/JJmrO^ PROPERTY OWNER Socr ZoH DATED LR: Forms; Waiver 60 Day Rule 02-21-2017