HomeMy WebLinkAbout52000990436001_Variances_07-10-1997Variances
2
Barcode 128
of County Recorder County of Otter Tail
I he»eby certjjy that the within instrum^t was filed
for record w this office on the day of■ TJLj A.D. 19 ^7 at
and was dulydy Microfilnned as Doc
ounty Recefder
Deputy
~W
809588
APPLICATION FOR VARIANCE^ Otter Tail County
Fergus Falls, Minnesota 56537
(218) 739-2271
l-tO
Receipt
No.
ApplicationFees 60.00
-.1^— Please Complete With Black Ink
Owner;Seifert Walter J.
Last Name First
608 Pine Needle Drive
Middle
Perham MN
Phone: 218-346-7062
56573
Street & No.
Lake No. — ( 3-0 |_g|^g hiary,e
Sec. _______________Twp. 136
City
Big Pine
State Zip No.
Lake Class
Range 38 Twp. Name Pine Lake
Legal Description:
Lot Ten (10) and North 50 feet of Lot
Nine (9), Twin Oak Heights
Fire No. or Lake ID #
JUN 1 1
Parcel Number R 52-000-99-0437-000 and R 52-000-99-0436-001 , , . ,,r.. -
TYPE OF VARIANCE REQUESTED (Please Check):
Structure Setback Structure Size Sewage System Subdivision Cluster Misc. X
SPECIFY VARIANCE REQUESTED:
See attached
In order to properly evaluate the situation, please provide as much supplementary Information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail
Date of hearing:7. /o 19_97 Time:.M
MOTION AS FOLLOWS:
Motion was made by Craig Anderson, seconded by Cecil Femling and carried with Robert Schwartz voting no, to deny
the variance as requested as no adequate hardship had been shown and it is the recommendation of the Department
of Natural Resources that this area should not be disturbed due to its fragile nature.
Permit(s) ^om Land & Resq^
_____' (Date/Initial)
BK 0696-001
283.383 ■ Victor Lundeen Co . Printers * Fergus Falls. Minnesota
Chairman
Otter Tail County Board of Adjustment
Management required:_YES .NO
.mailed copy of Application to Applicant.
W ^ ^ il '4l ^ ^1 — P—>
/f /^/
f > ' i:
i.. >
• ^,
T6(n/n (Sdka,
I#
/^t (Xdd^
I ^ y
f
dr\ £}&.> d)C\JsjL.
•X-
■^4 -as/
V3 7
'tpio
■■. ' ‘f-fo s^l
•;jS2S^
A
V'
/ 5-f/
fj#
I am . requesting a variance to allow rock and sta.bilization
materials, including trees and shrubs, to be placed in a bluff
impact zone. The property is unique in that many years ago a prior
owner cut a road Out of the side of the bank (bluff) and the bank
will continue to erode unless it is stabilized. The Ordinance does
not contain a definition of the term "fill" and the materials
which are proposed to be placed in the area may not constitute
fill. Bruce Becker, USDA District Conservationist, believes that
if the bluff is not stabilized it will become a slide which.would,
have a devastating impact on the lake and the bluff. See attached
correspondence. Bruce Becker has helped devise a plan to stabilize
the bluff and prevent sediment from reaching the lake during the'
process. The plan involves placing rock, sediment barriers,
sediment blankets, stepping stones, mulch and leafy shrubs and
trees in the previously impacted area to prevent further erosion
and minimal shaping and grading of the excavated area. The road,
which was previously cut into the bluff and which is causing the
problem is unique to this lot. A variance is necessary to
stabilize the area and prevent further damage and is consistent
with the Shoreland Management Ordinances goals of preventing
erosion and bank slumping and enhancing shoreline aesthetics. The
Planning Commission has recommended approval of a Conditional Use
Permit to permit the excavation, grading, shaping and stabilization
in the proposed plan and the County Board has also requested that
a variance be approved to allow the placement of the stabilization
materials in this area. The proposed plan, as approved by the
Planning Commission, will prevent the bluff area on this lot from-
becoming a serious problem and enhance the bluff consistent with
the goals of the ordinance.
Minnesota Department of Natural Resources
DIVISION OF WATERS
1221 FIR AVENUE EAST
FERGUS FALLS, MN 56537
218-739-7576
June 26, 1997
Chairman George Walters
Otter Tail County Board of Adjustment
RRl,Box314
Perliam, MN 56573
Dear Chairman Walters:
WALT SEIFERT APPLICATION, BIG PINE LAKE (56-130P), OTTER TAIL COUNTY
On Wednesday, May 21, 1997, the Otter Tail County Planning Commission voted to approve the
above project as presented to the group by Mr. Seifert, on Big Pine Lake.
Bill Kalar and I personally inspected this site in early May and recognized this be a very fragile site.
Evidence of this can be seen on location since there is an old road (trail) bed that has been dug in to
the side of the bank many years ago that still has raw soil exposed. This demonstrates how long it
takes to heal the landscape in this location.
Seifert’s proposal would cut 4-5 feet out of the top of this bluff to provide a home with a walkout.
I am very concerned about the potential damage this would cause that may not be able to be
corrected. All the runoff from the roof and other impervious surfaces on this lot seems to be headed
over the bank which could start erosion where none now exists. Additionally, the soils are so
sensitive here that there is a serious question in my mind about how well the site can be restored to
a stable non-erosive condition if this project is permitted.
Bruce Becker from the East Otter Tail County SWCD and I visited this site on June 12, 1997. We
are both in agreement that the excavation proposed was not necessary to correct other potential
erosion problems at the site. The previous comments by Mr. Becker suggested that if the bluff were
cut 4-5 feet as the applicant proposes, then the stabilization proposed would be one way to address
the potential erosion problems at the site. We both agree the best thing to do would be to not disturb
the site and to be certain that all runoff frohi impervious surfaces be directed to the west or the back
of the lot. Since there are reasonable alternatives at this site, the hardship condition necessary to
grant a variance is not evident. Therefore, I must recommend this variance be denied.
The Otter Tail County Shoreland Management Ordinance in Section IV. 3. C. states “alterations of
vegetation and topography must prevent erosion into public waters,.. . preserve shoreline aesthetics
... prevent bank slumping and protect fish and wildlife habitat.” It is my opinion Seifert’s proposal
DNR Information: 612-296-61,17. 1-800-766-6000 • TTY: 612-296-.54S4. 1-800-6.i7-,-5929
,-\n Equal Opporiuniiy Employer
Who Value.s Di\'cr.siiv
Primed on Recycled Paper Coniainine a
.^linirmlm of lOCr Po.si-Con.sumer 'v\'a.sie
Chairman George Walters
Page 2
June 26, 1997
provides the opportunity to result in the above negative impacts. In addition. Section IV. 3. B. 2.
states “alterations must be designed and conducted in a manner that ensures only the smallest
amount of bare ground is exposed for the shortest time possible.”
This proposal is a classic example of attempting to alter the bluff zone to fit a walkout design for a
home. There is a new home recently constructed to the south of this lot that was designed to fit the
lot, with no alterations to the bluff. It is nicely done!
My concern stems, in part, fi'om the time and effort Mr. Kalar and I continue to expend on a weekly
basis on the Bazinet project on Pelican Lake, which was approved by the County in the past. My
hope would be that the Planning Commission learned the hard way that landscape alteration in the
bluff impact zone is a very risky business. The Bazinet project continues to result in negative impact
(silt, turbidity) to Pelican Lake as well as a visual impact to the shoreline. I can only recommend
that we do not allow the type of bluff alteration that Mr. Seifert proposes. The potential for negative
impact is too great.
Thank you for your consideration of my comments. Might I also suggest that if Mr. Kalar were
asked for his recommendation by the Planning Commission the issue might have been resolved prior
to this point in time.
Sincerely,
TeiTc^e R. Lejcher
Area Hydrologist
TRL/lf
c: Gerald Paul
Bill Kalar
Dennis Lang, Conservation Officer
Otter Tail County Board