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HomeMy WebLinkAbout52000990533000_Variances_05-03-2012Variances Barcode 128 110857G 5 ?. DOC# 1108576Date Stamp 1108576 Fee: $46.00 Certified, Filed, and/or Recorded; Well Certificate [ ] Rec'd May 08, 2012 10:45 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA■■-r/BC land & RESOURCE Returned To: LAND & RESOURCE By: NDB 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 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date M mg lANB /i^rHAAA , /VfyV. ■56 "/3>0 DAYTIME PHONE.PROPERTY OWNER MAILING ADDRESS A/A /vV/A LAKE CLASSLAKE NAMELAKE NUMBER 7 J 3>Lp>TOWNSHIP NAMERANGETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Sewage System Subdivision WECS Misc.Structure Size ClusterStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. i-oY, Udfth'ffk/... h hfdgf/hl'el^ /A/ l^p A 3-kkhle M A 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. cLa SIGNATURE OF PROPERTY OWNER / AGE^T FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING ‘5(Applicant Will Receive Notification As To The Date/Time Of Hearing) S 3«Oi- .:?♦. ■ 345.194 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota «' r /T)/4y ^i- yy /?/r\TimeDate Of Hearing Motion j Cedric and Monique Rossow - Approved the variance application as requested. (6:47 p.m.) Continued After consideration and discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to approve the variance as stated in the application and as depicted on the drawing submitted with the application and dated as of April 6, 2012. < & irman/OtterTail County Board of/Adjustment Permit(s) required from Land & Resource Management X Yes (Contact LTaiid & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 . p MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 3, 2012 The Otter Tail County Board of Adjustment met Thursday, May 3, 2012, with the following persons in attendance: Paul Larson Steve Schierer Marion Gill Thomas Lee Michael Harris Randall Mann Scott Ellingson, Land and Resource Management David Hauser, County Attorney Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of April 5, 2012 meeting as mailed. The Board of Adjustment considered the following applications for variance: Mary and Roland Swanson - Denied (6:30 p.m.) Mary and Roland Swanson, Lot 2 Grobe Beach and part of Government Lot 1, Section 2 of Dunn Township by Little Pelican Lake, requested a variance of 4' from the required 20’ road right-of-way setback on the west side and a variance of 10' from the required 20’ road right-of-way setback on the south side of the attached back lot for the purpose of constructing a 28’ by 26’ (728 square feet) utility building 16’ from the road right-of-way on the west side and 10’ from the road right-of-way on the south side. The audience was polled with Patty Baen, property owner to the east, expressing concerns with runoff and future road maintenance. Dave Francis, the applicants’ contractor, addressed the selection of the proposed building site. An email and letter from Susan M. Dow expressing concerns with the variance as requested was read for the record. Also, a letter from Paul and Lois Wegleitner in opposition to the variance as requested was read for the record. The letters and the email are on file with the Land and Resource Department. After consideration and discussion, Paul Larson made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as the applicants can obtain a reasonable use of their property without the granting of the variance as requested and noting that no practical difficulty/hardship had been shown that would allow for the granting of the variance as requested. EDL Lake Property LLC - Approved the variance application as requested. (6:42 p.m.) EDL Lake Property LLC, Lot 3 Block 2 Engstrom Beach, Big McDonald Lake in Edna Township, requested a variance of 12’ from the required 20’ road right-of-way setback for the placement of a new two story structure 8’ from the road right-of-way and a variance of 10’ from the required 10’ road right-of-way setback for the placement of a new holding tank in the road right-of-way. Note - Township has submitted a letter of approval. Proposed structure will be no closer than 50’ from the ordinary high water level and will be behind the building line. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 12’ from the required 20’ structure setback from the road right-of-way and a variance of 10’ from the required 10’ septic tank setback from the road right-of-way for the placement of a new two story structure 8' from the road right-of-way and for the placement of a new holding tank in the road right-of-way as depicted on the drawing submitted with the application and dated April 3, 2012. The applicant’s proposed development will eliminate two nonconforming structures, reduce the overall impervious surface coverage and will provide greater separation from the ordinary high water level, side lot line and road right-of-way setbacks then the current development. W^edric and Monique Rossow - Approved the variance application as requested. (6:47 p.m.) Cedric and Monique Rossow, Lots 1 and 2 Block 1 Ridgeview Estates Second Addition, Big Pine Lake in Pine Lake Township, requested the following: to build on my substandard lot which is where I presently live. My dwelling and garage was constructed on this lot in 1987. My lot is now considered substandard due to the width of my property lying parallel to the shoreline of Big Pine Lake. It is my understanding that the requirement is my lot width should be 200’, but instead it is 150’ on the easterly boundary. The total area of my lot is 54,350 square feet. My lot is approximately 450’ from the shoreline of Big Pine Lake. Request to build additions to dwelling on a substandard lot. Existing septic tank to be moved to legal location. Requesting variance to have lot create in 1977 (substandard lot) declared buildable for residential use.-D , /*May 3, 2012 Page # 2 y/^dric and Monique Rossow - Approved the variance application as requested. (6:47 p.m.) Continued The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to approve the variance as stated in the application and as depicted on the drawing submitted with the application and dated as of Aprils, 2012. Steven and JoAnne Knutson Lynk - Approved the requested variance as modified. (6:50 p.m.) Steven and JoAnne Knutson Lynk, Lots 38 and 39 Lindenwood, East Leaf Lake in Leaf Lake Township, requested a variance of 40’ from the required ordinary high water level setback of 100’ for the construction/placement of a 6’ by 8’ storage structure 60’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Michael Harris to deny the variance as requested as the applicants can obtain a reasonable use of their property without the granting of the variance as requested, the granting of the variance as requested would establish precedence and there are other locations available for the placement of the proposed structure that would not require a variance. The motion to deny failed with Marion Gill, Thomas Lee and Steve Schierer voting no. After additional discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and carried with Randall Mann voting no, to approve placement of the proposed 6’ by 8’ storage structure immediately next to the steps in front of the retaining wall as noted on the drawing dated April 10, 2012. The proposed structure can be placed on either side of the steps, but must be placed immediately adjacent to the steps. The variance as approved will place the proposed structure as close to the center of the lot as reasonably possible. The placement of the proposed structure in this location will allow the applicants to enjoy the same rights and privileges as others in this immediate area, will not obstruct the view from the adjacent properties and is no closer to the ordinary high water level than the neighbor’s deck. Scott Askerooth and Kristen Scheel - Approved as requested with a condition. (7:02 p.m.) Scott Askerooth and Kristen Scheel, Lots 35, 36, 37 and 38 Pelican Lake Park, Lots 13 and 14 Pelican Lake Park Second Addition, Lots 3, 4 and 5 Pelican Lake Park Third Addition and part of Government Lot 5, Section 5 of Dunn Township by Pelican Lake, requested is the following; To separate the East V2 of Lot 37 (25’) of Parcel 17000990811000 Pelican Lake Park Lot 37 and EX W 5’ ail Lot 38 and join to Parcel 17000990810000 Pelican Lake Park all Lot 36. To separate Lot 4 from Parcel 17000991315000 Pelican Lake Park 3'^'* Lots 3 and 4 Parcels 1315 and 852 and join to Parcel 17000991317000 Pelican Lake Park 3'''' Lot 5 Parcels 1317, 809 & 68-021. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Marion Gill and unanimously carried, to approve the variance as described in the application and as depicted in the April 9, 2012 drawing labeled “Proposed” with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Henry and Mary Ditterich - Approved the application as requested. (7:12 p.m.) Henry and Mary Ditterich, Lot 6 Block 2 Woodland Acres, East Loon Lake in Candor Township, requested the following: Proposing to have Lot 6 Block 2 of Woodland Acres be declared buildable for single family residential use. The lot was created September 23, 1980. The lot does not meet the size requirements for a back lot on a recreational development lake. The lot only has 78,664.45 square feet and is required to have 80,000 square feet with 300’ of lot width. Jason the applicants’ contractor appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to declare Lot 6 Block 2 Woodland Acres buildable for single family residential use. The variance as granted is consistent with past actions of the Board of Adjustment. Erling and Betty Opskar - Approved the requested variance as modified with a condition. (7:15 p.m.) Erling and Betty Opskar, Lot 10 Anderson Beach Addition, Big Pelican Lake in Scambler Township, requested the following: I am requesting a variance of 8’ from the required 20’ road right-of-way setback, a 2’ variance from the required 10’ septic tank setback and a variance of 8% from the maximum impervious coverage of 25% for the placement of a 20’ by 20’ car closed vehicle shelter 12’ from the road right-of-way and 8’ from the septic tank. April 5, 2012 Meeting - The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Randall Mann, with the verbal agreement of the applicants made a motion, second by Thomas Lee and unanimously carried, to table the applicants’ request until the next scheduled meeting of the Board of Adjustment to provide the applicants with an opportunity to consider other possible alternatives that would substantially reduce the amount of impervious surface coverage on the applicants’ property. Variance Application for 46697 Mosquito Lane Parcel #52000990533000 The request is to build on my substandard lot which is where 1 presently live. My dwelling and garage was constructed on this lot in 1987. My lot is now considered substandard due to the width of my property l}dng parallel to the shoreline of Big Pine Lake. It is my understemding that the requirement is my lot width should be 200’, but instead it is 150’ on the easterly boundary. The total area of my lot is 54,350 square feet. My lot is approximately 450’ from the shoreline of Big Pine Lake. T 907.22'S89°52'2Q”W.\(r 443.47 160.00'15000' north line SOUTI V15000’155.00’150.00'i22Z H 700’ OF gov't, lot 4u>t 23,700‘SaFT. ^*33(400* SQ.FT.26,300*SQ.FT. j t 27,I50*^FT. <i -'f58.6 5 48 3 N.IjJ •- © L=121.28 wO"o i As76®25‘33", L«8003'<L :S44?=15'2-^E v/ 85.08*!iso.ocf 150.00*i ___140 r.a’ N 83® 16’03’^E L* 05.80' N39°52'20"EI8409.05' o d N 69®52 20' E "ROADl-Li o N85°5^gTEO7N.'2-5.05'o 7300(-12500*125.002f.S45‘'54*5^E, 11.99P2 5200* SOFT.L- L = 183.78jAs90®00*N89°46*04**E 20509' t(8i'-i 8 25/2*7^4^38** Li 50.00'28,400* SC. 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SEC. 7 TWR 136, I RGE. 38 » COR.>324,300*SO.FT 24,700* SOFT.25,800‘SOFT.EC 7 N^07’4Q* 200.00 N0®07'|^' 182.00 b:^33’33’i199.86’190.00’222 48'S54.33L 'ii N89°52'2&T -- 438.00'-- N89"52'20"Em N89°52 20"E ---455.48*-- OzDEDICATED <ROAi'443.47*--■ilfe --233.00’- IN89°52'20"E 1126.48 ROADEXISTINGTOWNSHIPS89®52’20"W pllue oJ Loui ;y ,’U«rV VI SCALE DRAWING FORM:r 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, topographic features (i.e. bluffs), and onsite impervious surface calculations.I I' !/ -- .'ho %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) !"r: ■mi.144, T I.I...i- A I t t T T hir...i ■! ■f.r f y4 -a ■4- I ' T ..... f'"i' % ^5: i a»mT iMm: !*Z. ^ t1.1.i..r2+II.i . i ,1.1 I ‘t .p..„ ..I iI Vj..t i .1 't- ' ei;T •TVk - t ith. ...... • / Date >38;596 < Victo Uind«OT Cck. Prinlors » Fetguft l.. 4 ' Signature pf Proper y Ownert ■r....-BK 090d aUs.MN » 1,600346.48*)-i—I -t- -- IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): FPStructure(s): HOP Ft2Deck(s): ISHS,Ft2Driveway(s): Ft2Patio(s); Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 F.TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: .%X 100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE (^!w A ^ ^ t::^fCu^(AyA-V si/SX 3 ()^(p)C w Notice of Hearing for Variance Otter Taii 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: Cedric & Monique Rossow 46697 Mosquito Lane Perham, MN 56573 has 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, May 3, 2012 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 Lots 1 and 2 Block 1 Ridgeview Estates Second Addition, Property Address - 46697 Mosquito Lane Section 7, Township 136, Range 38 - Township Name - Pine Lake Lake No. 56-130, Lake Name - Big Pine, Class - GD The variance requested is - the following: request is to build on my substandard lot which is where I presently live. My dwelling and garage was constructed on this lot in 1987. My lot I no considered substandard due to the width of my property lying parallel to the shoreline of Big Pine Lake. It is my understanding that the requirement Is my lot width should be 200’, but instead it is 150’ on the easterly boundary. The total area of my lot is 54,350 square feet. My lot is approximately 450’ from the shoreline of Big Pine Lake and/or request to build additions to dwelling on a substandard lot. Existing septic tank to be moved to legal location. Requesting variance to have lot create in 1977 (substandard lot) declared buildable for residential use. Wayne Stein Board of Adjustment Secretary Date: April 13, 2012 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 17th, day of April, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Cedric A and Monique F Rossow, 46697 Mosquito LN, Perham, MN 56573 Big Pine Lake Assoc., Pine Lakes Imp. Dist., PO box 405, Perham, MN 56573 Big Pine Lake Assoc., % Sylvia Soeth, 812 N 20*'^ St., Moorhead, MN 56560 Margaret Mattfeld, Twp Clerk of Pine Lake, 41718 County Highway 53, New York Mills, MN 56567 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 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Marion Gill, 40122 Aerovilla Rd, Perham, MN 56573 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: April 17th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: ^ Vi Manderud ED CHARLES L CAVANAGH 44046 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 CAROL J BUCHOLZ TST 46196 440TH ST PERHAMMN 56573 8801 DANA J BRANBY 44175 MOSQUITO HIEGHTS RD PERHAM MN 56573 8806 CALVIN G DOCKTER 43990 MOSQUITO HEIGHTS RD PERHAMMN 56573 8805 CHARLES L & KATHY CAVANAGH 44046 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 JUDITH CHRISTOPHERSON 46208 COUNTY HIGHWAY 8 PERHAMMN 56573 8306 PAUL J DOLL & SANDRA A OSTLIE 513 PINE NEEDLE DR PERHAMMN 56573 2024 JOAN FUDGE 44198 MOSQUITO TRL PERHAMMN 56573 8808 AMBROSE & JOYCE A DOLL 46653 MOSQUITO LN PERHAMMN 56573 8802 DONALD J & PATRICIA HENDRICKX 46590 MOSQUITO LN PERHAMMN 56573 8802 GORDON A & BEVERLY JOHNSON 237 LAKESHORE DR W CARROLLTON GA 30117 1937 KENNETH L & SHERRYL L CROPPER 44263 MOSQUITO HEIGHTS RD PERHAM MN 56573 8806 LACHOWITZER TST ZELDA LACHOWITZER 100 7TH ST NE APT 6 PERHAMMN 565731524 DENNIS H & JANENE R LANG 44172 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 STEVEN J & BRENDA K KEMPENICH PO BOX 221 PERHAMMN 56573 0221 ROBERT C & HIDEE D MAROTZ 46550 MOSQUITO LN PERHAMMN 56573 8802 BRUCE L & BRENDA L MILLER 44018 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 ARDEN L LERFALD PO BOX 14173 BRADENTON FL 34280 4173 CURTIS OSTERFELD 720 3RD ST NE PERHAMMN 56573 1857 ROBERT & MARLENE C REECK TST 1105 5TH STNE STAPLES MN 56479 3117 JAMES W MOORE PO BOX 1010 SAINT JOSEPH IL 61873 1010 CEDRIC A & MONIQUE F ROSSOW 46697 MOSQUITO LN PERHAMMN 56573 8802 ALVIN R & BARBARA L SEIDEL 44124 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 MARY RINKEL 44196 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 JEFFREY I & BONNIE L TWEETON 44094 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806 WELLS FARGO BANK NA FORECLOSURE DEPT MAC X7801-013 3476 STATEVIEW BLVD FORT MILL SC 29715 7203 TIMOTHY J & HEIDI L STUDER 44226 MOSQUITO HEIGHTS RD PERHAMMN 56573 8806