HomeMy WebLinkAbout52000990650000_Variances_07-07-2011Variances
Barcode 128
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October 6,2011
Page # 4
Jacobson Family Revocable Living Trust - Continued. (7:58 p.m.)
After consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and carried with Paul
Larson voting no and with Randall Mann abstaining, to declare combined Lots 16 and 17 Fair Oaks as one residential
buildable lot and to declare Lot 18 Fair Oaks as a separate residential buildable lot. Those abstaining and voting
against the motion to approve noted that the granting the variance is correcting an attorney’s mistake and is a self-
imposed practical difficulty. Those supporting the motion to approve noted the documentation that had been
presented, the fact that the practical difficulty (mistake) was not created by the applicant, the approval will resolve the
issue in both a cost effective and timely manner and this is a very unique situation that will not create precedence.
Peter and Stephanie Christianson -Appiication approved as requested (8:16 p.m.)
Peter and Stephanie Christianson, Lot 34 Stony Point, West Battle Lake in Everts Township, requested the following:
Project requires 340 square feet of additional impervious surface. The proposed project will change the impervious
surface percentage from 35.5% to 38%. The maximum allowable impervious surface coverage is 25%. The audience
was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul
Larson made a motion, seconded by Thomas Lee and carried with Steve Schierer voting no, to approve the variance
for the proposed development as described in the application dated September 13, 2011 and as depicted on the
drawing submitted with application. It was noted that much of the existing impervious surface was placed on this
property to prevent erosion and to direct the water from flowing directly into the lake.
Richard Brink - Application approved as requested. (8:25 p.m.)
Richard Brink, Lots D and E of Schwingler’s Subdivision of Lot 16, Oak Grove Beach, Rush Lake in Rush Lake
Township, requested a variance of 20’ from the required ordinary high water level setback of 75’ for the placement of
a porch (screen) 55’ from the ordinary high water level. The audience was not polled as there was no one in
attendance other than the applicant and the applicant’s wife at the time of this public hearing. A letter from Greg and
Brenda Potter in support of the variance as requested was read for the record. After consideration and discussion,
Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 20’ from
the required ordinary high water level setback of 75’ for the placement of a porch (screen) 55’ from the ordinary high
water level. The applicant replaced an existing deck with a porch, which will be no closer to the ordinary high water
level than the existing deck.
^^,/lliomas and Jayne Piehl - No Action
Thomas and Jayne Piehl, Lot 2 Block 1 Big Pine Haven, Big Pine Lake in Pine Lake Township, requested the
following: need more room for drain field either setback from -
Option 1 - Lot Line 5 feet. Option 2 - Dwelling 17 feet or Option 3 - Bluff 5 feet
July 7, 2011 meeting - 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 Thomas Lee and unanimously carried, to
table with the verbal agreement of the applicant this public hearing until the September 1,2011 meeting of the Board
of Adjustment, which will provide the applicants with adequate time to obtain the distance between the proposed drain
field and the neighbor’s dwelling and with an opportunity to obtain a letter of support from the neighbor. August 4,
2011 meeting - No action taken as the applicants had requested at the July 7, 2011 meeting to have their hearing
tabled until the September 1, 2011 meeting. September 1, 2011 meeting - No action taken as the applicants had
submitted an email on Tuesday, August 16*^, 2011 requesting the tabling of their request until the October 6*^ meeting
of the Board of Adjustment due to health issues. October 6, 2011 Meeting - Prior to the October 6, 2011 meeting,
the office was contacted by Thomas and Jayne Piehl informing the office of their intent to withdraw their application.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:35 p.m.
Prepared by:
Wayne Stein, Secretary
The minutes were mailed on Friday, October 7, 2011 to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
^ ....
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
ooApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date (0 VV
PROPERTY OWNER
MAILING ADDRESS <,t-
LAKE NUMBER SXi'' '3c
SECTION TOWNSHIP RANGE TOWNSHIP NAME
DAYTIME PHONE ~
LAKE CLASSLAKE NAME
CK
PARCEL
NUMBER
E-911
ADDRESS
1-1 f-l ‘^Cij ‘7"i '3
legal DESCRIPTION Q 6(/C j
TYPE OF VARIANCE REQUESTED (Please Check)
Sewage System ^ SubdivisionStructure Setback Structure Size Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.^r)s4v»rvi£,rv_
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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.
r / rSIGNATURE 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)
^s:a!^o
7 /f/nDate Of Hearing Time
Motion
Chairman/Otter 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 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
33^Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sjdewalk(s);
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:
3,3f^Ft2TOTAL IMPERVIOUS SURFACE:
3C>C^ F|2LOT AREA:
X100 =
TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIOLOT AREA
SCANNED
September 1, 2011
Page # 4 '
yTViomas and Jayne Piehl - No Action
Thomas and Jayne Piehl, Lot 2 Block 1 Big Pine Haven, Big Pine Lake in Pine Lake Township, requested the
following: need more room for drain field either setback from -
Option 1 - Lot Line 5 feet. Option 2 - Dwelling 17 feet or Option 3 - Bluff 5 feet
July 7, 2011 meeting - 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 Thomas Lee and unanimously carried, to
table with the verbal agreement of the applicant this public hearing until the September 1, 2011 meeting of the Board
of Adjustment, which will provide the applicants with adequate time to obtain the distance between the proposed drain
field and the neighbor’s dwelling and with an opportunity to obtain a letter of support from the neighbor. August 4,
2011 meeting - No action taken as the applicants had requested at the July 7, 2011 meeting to have their hearing
tabled until the September 1,2011 meeting. September 1, 2011 meeting - No action taken as the applicants had
submitted an email on Tuesday, August 16’^, 2011 requesting the tabling of their request until the October 6"^ meeting
of the Board of Adjustment due to health issues.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 7:55 p.m.
Prepared by:
Wayne Stein, Secretary
The minutes were mailed on Friday, September 2, 2011 to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting.
SCAilfilD
Wayne Stein
Jayne Piehl <jpiehl@arvig.net>
Tuesday, August 16, 2011 6:22 AM
Wayne Stein
Hearing for Variance
From:
Sent:
To:
Subject:
Wayne Stein
Board of Adjustment Secretary
Otter Tail County Government Services Center
Fergus Falls, MN 56537
Dear Wayne,
I am writing a request to reschedule to the October 6, 2011 variance meeting. At the July meeting the board requested
a more detailed drawing with measurements on the adjoining lot with distances from buildings and lot lines. The
property description is section 22, township 136, range 8 - Pine Lake Township. No 56-130 - Big Pine Lake. The property
name and address is Thomas and Jayne Piehl, 49143 428*’’ St., Perham, MN 56573
The reason for this request is due to Jayne's cancer treatments. We are presently in Boston. MA at the Dana-Farber
Cancer Institute with daily treatments.
The month of July and the remainder of August will require us to be in Boston. At this time, plans are to return to
Minnesota around September 2, 2011.
Returning on this date will not allow enough time to prepare a new CAD drawing of the lots as requested. I also need to
meet with the excavation contractor in advance of the meeting.
Thank you for your consideration on this request.
I can be contacted at 612-201-0174 or email at jpiehl(5)arvig.net
Thomas Piehl
1
August 4,2011
Page # 4
William D and Sharon R Hoverson - Tabled. (8:17 p.m.)
William D and Sharon R Hoverson, Lots 2 and 3 Silent Acres, West Silent Lake in Dora Township, requested the
following: We request a variance of 72’ from the required 100' setback from the ordinary high water level in order to
build a two-story 24’ by 28’ addition to our existing cabin. The existing cabin sits 19’ from the ordinary high water
level. We propose to site the front of the new addition 9’ back from the front of the existing cabin. Therefore the
setback of the new addition from ordinary high water level would be 28’. We further propose to abandon and fill the
existing holding tank, which is precariously near ordinary high water level (approximately 30’). We would replace the
holding tank with a lift station and drain field approximately 75’ from ordinary high water level. We also seek a
variance of 40’ from the required 150’ lot width for lakes now classified “RD”. (When we purchased the property in
1989, West Silent Lake was classified General Development - “GD”.) 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 Thomas Lee and
unanimously carried, to table, with the applicants verbal permission, this public hearing until the September 1, 2011
Board of Adjustment meeting to allow the applicants time to consider other development alternatives that either do not
require the granting of any variances or required less variance than what is being requested.
Jeffrey and Barb Grunewald - Application approved as modified. (8:10 p.m.)
Jeffrey and Barb Grunewald, Lot 1 Block 1 and Lot 1 Block 2 Silent Haven, West Silent Lake in Dora Township,
requested the following; We would like to split our front lot from our back lot, both being larger lots with separate
septics and wells. Due to loss of jobs, we need to sell our lake home, and reduce debt. We would retain our back lot,
but would not request additional building permits. Road separates these lots. Currently we have one lake lot with
200’ water front and 54,800 square feet of area which is permanently attached to a back lot (separated by dedicated
township road) with 160’ of width and 42,500 square feet of area. Propose to have lake lot considered buildable for
residential purpose, and have back lot considered restrictive residential for current owner only. The minimum size for
a platted lake lot Is 150’ of frontage and 40,000 square feet of area and for platted back lots the minimum size is 300’
of width and 80,000 square feet of area. The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Steve Schierer made a motion to approve the variance as requested
with the condition that the back lot would only be buildable for nonresidential structures. After additional discussion
and consideration this motion was withdrawn and Randall Mann made a motion, seconded by Thomas Lee to approve
the variance as requested. After additional discussion and consideration this motion was also withdrawn. Steve
Schierer then made a motion, seconded by Thomas Lee and carried with Randall Mann and Paul Larson voting no, to
approve the separation of Lot 1 Block 1 from Lot 1 Block 2 and to declare the front/lake lot buildable for residential
purposes and to declared the back lot buildable for nonresidential purposes.
"niomas and Jayne Piehl - No Action
i/ Thomas and Jayne Piehl, Lot 2 Block 1 Big Pine Haven, Big Pine Lake in Pine Lake Township, requested the
following: need more room for drain field either setback from -
Option 1 - Lot Line 5 feet, Option 2 - Dwelling 17 feet or Option 3 - Bluff 5 feet
July 7, 2011 meeting - 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 Thomas Lee and unanimously carried, to
table with the verbal agreement of the applicant this public hearing until the September 1, 2011 meeting of the Board
of Adjustment, which will provide the applicants with adequate time to obtain the distance between the proposed drain
field and the neighbor’s dwelling and with an opportunity to obtain a letter of support from the neighbor. August 4,
2011 meeting - No action taken as the applicants had requested at the July 7, 2011 meeting to have their hearing
tabled until the September 1, 2011 meeting.
V Vi UVc tatiJ
July 7, 2011
Page # 2
Milton Smedsrud - Approved the variance application as requested. (6:42 p.m.)
Milton Smedsrud, part of Government Lots 1 and 6, Section 2 of St. Olaf Township by Long Lake, requested a
variance of 10' from the required ordinary high water level setback of 100’ for the purpose of enclosing an existing
deck with screen porch being 90' 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, Thomas Lee made a motion, seconded
by Michael Harris and unanimously carried, to approve a variance of 10’ from the required ordinary high water level
setback of 100’ for the purpose of enclosing an existing deck with a screen porch being 90' from the ordinary high
water level. It was noted that the variance as approved will provide the applicant with the ability to enjoy the same
rights and privileges as others in this immediate area, the proposed development will not obstruct the view from the
adjacent properties, the proposed development is not within the shore impact zone and the applicant's request is a
relatively small variance from the standard.
^/^homas and Jayne Piehl - Tabled. (6:50 p.m.)
Thomas and Jayne Piehl, Lot 2 Block 1 Big Pine Haven, Big Pine Lake in Pine Lake Township, requested the
following: need more room for drain field either setback from -
Option 1 - Lot Line 5 feet, Option 2 - Dwelling 17 feet or Option 3 - Bluff 5 feet
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 Thomas Lee and unanimously carried, to table with the
verbal agreement of the applicant this public hearing until the September 1, 2011 meeting of the Board of Adjustment,
which will provide the applicants with adequate time to obtain the distance between the proposed drain field and the
neighbor's dwelling and with an opportunity to obtain a letter of support from the neighbor.
Mark and Debra Waldorf-Approved the variance application as requested. (6:58 p.m.)
Mark and Debra Waldorf, part of Lots 21 and 22 Camp Hatton, Otter Tail Lake in Amor Township, requested the
following: We are applying for a permit due to the hardship of flooding on our property. We flooded twice in May of
2011. We feel it is necessary to raise our structure to avoid flooding in the future. We are also experiencing a
hardship with one bedroom being 6’ 9” by 6’ 9” and having a full size bed in it. It is surrounded by 3 walls and is
harder to make with advancing age. To address this issue we would like to move one of the bedrooms to upper level.
Requesting a variance of approximately 58’ from the ordinary high water level setback requirement of 75’ and a
variance to change pitch of roof. 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 Randall Mann and
unanimously carried, to approve the variances as necessary (ordinary high water level, side lot line etc.), with the
exception of covering more than 25% of the lot with impervious surfaces, for the proposed development as described
in the variance application dated June 8, 2011 and as depicted on the drawing submitted with the application. It was
noted that the proposed development does not change the existing footprint and the variance as approved will help
the applicants address a flooding issue. The practical difficulty is a grossly substandard lot of record.
Richard and Vicki Fugleberg - Denied. (7:04 p.m.)
Richard and Vicki Fugleberg, Lots 5 and 6 Dursch’s Silver Bay, Silver Lake in Everts Township, requested the
following: Requesting a variance of 3’ 9” from the required septic tank setback of 10’, permission to leave tank in
place 6' 3" from our cabin. When we purchased the cabin there was a 4’ by 10’ area on the east side which had a
cement floor, shared the cabin roof and was the outside wall of the bathroom. Because the bathroom pipes often
froze, we requested a permit to enclose the area to avoid that. The permit was granted in June 2009 with an
agreement that we would remove two sidewalks and a 14’ by 26' area of the paved driveway to reduce impervious
surface. The space was enclosed and we removed the agreed on areas. In April 2010 we were advised that the 4’ by
10’ enclosure put us out of compliance for septic tank setback. We would not have enclosed the area if we had been
aware of that. We request the variance because moving the septic will almost certainly kill two huge beautiful
basswood trees that are in the only area the tank could be moved to. The audience was polled with Kenneth Dahl
and John Yates speaking for the variance as requested. After consideration and discussion, Randall Mann made a
motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate
practical difficulty had been shown that would allow for the granting of the variance as requested and expressing
concern with health related issues. It was also noted that the only practical difficulty that existed was a self-made
practical difficulty.-i
.14 w
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir AveW
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:
Thomas and Jayne Piehl
49143 428"^ St
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, July 7, 2011 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 2 Block 1 Big Pine Haven,
Property Address - 49143 428"’ St
Section 22, Township 136, Range 38 - Township Name - Pine Lake
Lake No. 56-130, Lake Name - Big Pine, Class - GD
The variance requested is -
the following: need more room for drain field either setback from -
1. Lot Line 5 feet
2., Dwelling 17 feet or
3. Bluff 5 feet
"Wc^ne Stein
Board of Adjustment Secretary
Date: June 16, 2011
SCANO
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 June, 2011 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Thomas & Jayne 0iehl, 49143 428*'^ St., Perham, MN 56573
Margaret Mattfeldt, Twp Clerk of Pine Lake, 41718 County Highway 53, New York Milis, MN 56567
Big Pine Lake Assoc., % Sylvia Soeth, 812 N 20*'' St, Moorhead, MN 56560
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 Fails, MN 56537
Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
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, Eiizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
David Trites, 20944 Westwood Dr, Clitherall, MN 56524-9596
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: June 17th, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
IhniBy:
Vi Manderud
r»
PATRICK J & JENNI DRURY
9410 MAGGIE LN
SAVAGE MN 55378 3167
SCOTT ENTER ET AL
17016 ROGERS RD
EDEN PRAIRIE MN 55347 3383
MARK & TONYA M CURTIS
6730 BASSWOOD LN
GREENFIELD MN 55373 9408
C CALE & RUTH N HUDSON TSTEES
2509 WOODS BLVD
LINCOLN NE 68502 5823
NEAL R & CAROL A HAUSER
14906 CREDITVIEW DR
SAVAGE MN 55378 5604
STEVEN J HARY
3414 21 STAVES
SAINT CLOUD MN 56301 9040
DONALD B MEYER ET AL
45837 COUNTY HIGHWAY 8
PERHAMMN 56573 8722
BRIAN & RENAH MEYER
49118 428TH ST
PERHAMMN 56573 8885
DARRYL J & SUSAN K KOELMAN
42720 490TH AVE
PERHAM MN 56573 8887
THOMAS & JAYNE A PIEHL
49143 428TH ST
PERHAMMN 56573 8885
JASON D & CAMILLLA R OAKES
49135 428TH ST
PERHAMMN 56573 8885
MARK S & LINDA NOBLE
1810ROSEMOUNT ST
DUBUQUE lA 52002 2664
SAMUEL & LORRAINE WEATHERHEAD
49105 428TH ST
PERHAM MN 56573 8885
TO THE PUBLICRONALD & LORETTA TASTAD
49147 428TH ST
PERHAMMN 56573 8885
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