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HomeMy WebLinkAbout22000990362000_Variances_09-06-20121115414• • Date Stamp DOC# 1115414 iiiiiliiiiiiiiiiiilii 1115414 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded. September 14, 2012 4:15 PM Wendy L. Metcalf, Recorder RECEIVED AUG 1 6 2012 LAND & RESOURCE ■ ^ Returned To: 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 ijCIOs Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date DAYTIME PHONE -PPO - LiPROPERTY OWNER P/ LAKE CLASS MAILING ADDRESS LAKE NAME iLLAKE NUMBER SECTION /O ■A/04;^ /3V TOWNSHIP NAMETOWNSHIPRANGE E-911 ADDRESS 3^^^^ 4-oxu PARCEL NUMBER - tOdO -9‘9 -03^ - o<b o licg nonF:i •LEGAL DESCRIPTION 4oi-i 9 Tk A M. S' Ia/ TYPE OF VARIANCE REQUESTED (Please Check) Structure Size Subdivision Cluster WECS Misc.Sewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Request for a variance to build a dwelling with garage and deck of 53'x40'. Shape of lots will not allow a dwelling with this footprint to adhere to 100 foot minimum from OHWL and therefore I am requesting a variance to build at a distance of 60 feet of OHWL. /ots ^ ^ o c < cj I b «A/3 O C(3 0/-CC /// >o /-? CT S Q. O ^ AJ V. e. G aJcJptxr' (2 Kkf-T ct .Acrc.ff'erJ Cca/n^ O AO 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. SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER 2. t 9-^ T APPLICANT MUST BE PRESENT AT THE HEARING f (Applicant Will Receive Notification As To The Date/Time Of Hearing) DATE 345,194 ■ Victor Lundeen Co., Printers • Fergus Falls. Minnesota ♦ ' ‘^S /?rr^LDate Of Hearing Time Motion MNOWA Holding Trust - The variance application was approved as requested. (7:45 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Robert Schwartz and unanimously carried, to approve the proposed development on Lots 11 and 12 of Svendsgaard’s Camp as described in the variance application dated August 15, 2012 and as depicted on the drawing submitted with the application. The practical difficulty/hardship is the terrain of the applicant’s property and the unique shape of the lot created by the shoreline. It was noted that the variance as requested for the separation of Lots 9 and 10 from Lots 11 and 12 is not required as these lots are currently separated by a dedicated road. rrnarvOTer Tail County'Boird of Adjy^ment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Co. Assessor ancfthe MN D*NR Q f(f JlPs Copy of Application Mailed to Applicant, LR Official/Date ; • 'bk 072011-001 eo. ^ ©VV^•yvii-'V^5&x-^^oy. Ta^.i 'I '■ '’ . Om''■•; '-■’. is. i .9 /c''^ 0^X^^5 0 i.ea-i’ ^-<^ ©))l'.1/^1^- Cl.-i mme smm. ^mm£k ■ ■ 6lnxa,«»iss' : lAi^ ■--------------------------------------------------------,^,------------------------------,............................................ ■ mrnimm. ■FT umfcs^i9^xs^mQ0m TOT*v. , •<!0iPru^SA, 3hi%:5 .iill "•.'W -^y^^yr.y.msmrnat ^ ir9b* SCALE DRAWING FORM OOP * 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 struotures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. •f l‘S-7^t-r%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) T PoA<J-.7 I / IT SepTi£ 1 i • D n:P»T.o_ /C/i6 A o ;■ \ VIS, LoT ; 1- ! / A . L or T '1 ; si'Ki ....t---’ :■I c^r,Ai ^ ••• ..i.....j .4■f I 1.)■■■■ 1 :T -t I ^ - /A Zq I/O DateSignature of Property Owner BK —0909 338,596 • Victof Lundaert Co. Piinlers ■ Fergus Ralls. MN • 1-800-346'4870 1 i FtiTT-8 *>0 I \r -n!:iACAA> '5pVt‘V l04 ^oM1?Ai3,. ■ UK ^ (V|ujr oil cAUi Pt^jUUx MJKK PLAT DF 5VEND5EAARd5 CAMP.;ii OTTER TAIL COUNTY MINNESOTA. APRIL I9I&,s S>e*>V.V ^00.^x^\ \a> i a\ncA ®A*.^A"vv ^WIVA^AV^.i! * jaJcI nuk^n Wvw '^w««vxOt> X^v^^^i' 5 "W^ Cl "W SovivKs^a-i^. ^>^^4X1., )tXu axvii ^VkO^\AvtW». XlVk ^Mltvi,v»\<i 1\'h‘\uaX.j. Ibia-yn^ ,oAvi a.-<\ \Av C»t»AAi> a( &^oa TaA. 5V«^XV •O^ DTVvvVYVI*OXA.. /|)jUaU( <4 5<JU»\'\VrtvM'\. ytlX. XVWwAtVV on*, {i) AA\ >*AC>LA<^'- tlAV I I0I JflWU*4wf' ,\A\LXi^ J^owi, ( J5V) ■<\<n’icA\ .5LnAi AjKvw- (^51 Wi^V X4\a 5^ 4}x>tMtjU Ait f.cXiovt^ X« >u*)ti ^A^vtv^^AAV<^ .aX JX \ywv\>c. S*vO(^ ifOfOCM,. .^aaia- i^J^aXx Xbn6 ) Wm)C lU/iXo^^ix ^ivx fwvn^iai a«vi ^xtk: ( bOS) ^/vcrtv rnjuwuU*. 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(y\\ iSa'y^Ailf C^vxtX l^llS ^9^6 |uA*onaW*| ?Wc«Vi^ iVmViW aatv ohvA .^o/i xaavA CovvwVy^ *■<.. .lo TYu. Mittt 'Aiiowm Xc Aix iiAsy. )u<i.i>ou vcAo x\xC.VA^ct<'i V^ax. <x^ux/ yvw*\Mwv\w\lt.-. anA Aw ok know XlAqx A/luiX ✓fw xUjttvOci.A \A\x S.V\^0\A\}JiA ttAvl> 7Jo Ql’J vox.o.j n< Ta*As OJtVcvx 3ixiV- Co\A<''nX\\ 9Kv>3 Awraiiy CvwV^Af t( A4\qX Jbtw* |iAaV r\\A[ Of^Atx M-u . xu^ fw? f AW atk- ,^J^<^vJ AsaAXo /CjAfau I'u. Xlvvt. . <xr^ Sav^lj Qiiut (JV Wit ^ (N 0L^.^^ ti'xAjLc 7»ivimUUXi>^.\\xA O.J) <9J6 av .«^.r-r aanxM jf'^ ..._ Mxia/VMi.Z i/f DaI^.o.| TiTVvw-w^oXo^^ CoivwV^ 0^ I '' -b^ i>H« i?*iuViA Cow/vxXm CoT(vnv\oi»A«i\JA6 v)Ut -IK AOj^iVx ^xuaXaywv. « I Va\ii1. -{&/t- CXx/Jx ^TAvs writ .tMV\Vfll)tA 4Xav^ pi 't. C^CWVW*VX\o r Marsha Bowman Marsha Bowman Friday, August 10, 2012 3:31 PM 'Chad Devorak' RE: Chad...Scale Drawing On Long Lake From: Sent: To: Subject: Chad, If I remember correctly, Lots 9 & 10 are separated from Lots 11 &12 by a dedicated road. If this is the case. Lots 9 & 10 are considered “1” lot and Lots 11 & 12 are considered another lot (2 separate lots). Therefore, you would not need to reference Lots 9 & 10 in the Variance Application. If an adjacent dwelling (Lot 13) is “as close” or “closer” to the lake than you propose, I think it would be beneficial to show that on your drawing. Just as a reminder, the current property owner does need to sign the Application, and you as a purchaser may represent the Application at the Meeting. If you have any additional questions, please contact me. Marsha From: Chad Devorak rmailto:cdevorak(givardhouse.com1 Sent: Friday, August 10, 2012 3:04 PM To: Marsha Bowman Subject: RE; Chad...Scale Drawing On Long Lake Marsha, A couple more answers to your questions: John Kruger is the current owner. There is an existing well and septic on lots 9-10 and a trailer that has been granted a variance of 30ft. We have two families planning on dividing the 4 lots....one taking 9-10 and ours taking 11-12. Although I have not measured it, I am of the belief that the cabin on Lot 13 is closer to SOfeet from lake than it is 100 feet. Do you think having someone go and get a pretty good read on the distance of the cabin on lot 13 would be helpful? Thanks again and let me know your feedback and/or any further questions. Chad From: Chad Devorak Sent: Friday, August 10, 2012 1:03 PM To: Marsha Bowman Subject: RE: Chad...Scale Drawing On Long Lake Marsha, Thanks for looking. I believe the parcel number is 22-000-99-0362-000 and it is lots 9-12. 1. Sceptic and Well are proposed and I will identify 2. Yes the "Lot 12 and Lot 11" are in the lake. 3. Lot 13 has a dwelling on it and is not owned by the seller. 1 « * Marsha Bowman Chad Devorak <cdevorak@yardhouse.com> Friday, August 10, 2012 1:03 PM Marsha Bowman RE: Chad...Scale Drawing On Long Lake From: Sent: To: Subject: Marsha, Thanks for looking. I believe the parcel number is 22-000-99-0362-000 and it is lots 9-12. 1. Sceptic and Well are proposed and I will identify 2. Yes the "Lot 12 and Lot 11" are in the lake. 3. Lot 13 has a dwelling on it and is not owned by the seller. 4. By earth moving I would say no. We will be removing some trees and bringing in some sand and perhaps placing some rocks on the shoreline but that is it.... Thanks again for taking time to help. Chad From: Marsha Bowman [MBowman@co.ottertail.mn.us] Sent: Friday, August 10, 2012 12:50 PM To: Chad Devorak Subject: RE: Chad...Scale Drawing On Long Lake Chad, I reviewed the drawing, impervious surface calculation and verbiage on the Variance application your emailed me. I remember discussing this with you, but cannot recall the property owner’s name or tax parcel number (wanted to pull their file). I have a couple questions/comments: 1. Is the “septic” existing or proposed? (It is nice if the drawing states either “existing” or “proposed”.) 2. The lake is not identified on the drawing (I assume the “Lot 12 & Lot 11” is “in the lake”?). 3. It appears that your verbiage is clear that you are requesting a 60’ setback (requirement is 100’). Question, are there dwellings on the adjacent lots? If so, you may want to show them on your drawing if they would show that your proposal exist in the area. 4. Are you proposing any earthmoving “outside” of the foundation? If so, this may need to also be addressed. I cannot remember if the seller owns more than Lots 11&12 ... if so, your drawing should identify them, and indicate what is being proposed for them. There should also be a comment reflecting these lots. It appears that you have proposed your structure back away from the lake. If you have any questions, please contact me. Marsha From: Chad Devorak rmailto:cdevorak@vardhouse.com1 Sent: Friday, August 10, 2012 12:08 PM To: Marsha Bowman Subject: Fwd: Chad...Scale Drawing On Long Lake 1 Marsha Bowman Chad Devorak <cdevorak@yardhouse.com> Friday, August 10, 2012 12:08 PM Marsha Bowman Fwd: Chad...Scale Drawing On Long Lake image004.gif; Application for Variance.jpeg; Impervious Surface Worksheet.jpeg; scale drawingjpeg From: Sent: To: Subject: Attachments: Marcia, Thanks again for the help and feedback. Attached are my drawings and potential request for variance. As you can see the planned footprint of the cabin is angled to maximize lake view, but it is as tucked up as possible. Even if the cabin were set at a square....a comer of it would be at the 60' mark....so either way I would need to request a variance to be at 60' unless we built a smaller structure. Thanks, Chad Devorak Sent from my YHiPad 1 Lliirffii mpmxmm for miiAnciEffljsrr m ama um,iMpiMiii MMeiJciMim, m mm ipii mrnm§ fi»f i vcp-gtiifliijinii t;s, IT fMii m m..*fJK mmmmmwm'm [laiulMi iE@l£H JlAfegifLte iiefisil P*i1mmm ^TTTO m IT«Wyf5i itt^lKW |F|sii-E*t# iKs^^ JE,, ;-|i =f^i«B.jjpi[M^ ^ rmist ,;. c n/£ „ 1 l|jk.,i-cifc^D; % feS4 if 4..f>?s»,^.. i; -,S, 61; ij ■t:::.kp:U.-L; I Ik j£;ui; g;|, t;.:- "^-f; ■ ^ 6 ,pni|=' kf %i ?;k k; % *r .k; L-..^ f" ii’mk .kfct?T s-Tk‘I [;..:• feS'l :«= Krt ftwaii«Eip Bfsi‘iiaS3sm iS^.. , rFSiinnjn^i.'- LtM^’rs? 13U .-5 b .... 0 _r? Mj^-0^15 ^.; ca,a3Mie^. Ftei-sSSs^ni T§T«,i tt«ffViSiii S*B«s] Mt-.8 + _iIS 1-/ f:iS"1 M9M >'I J %i yf f*150 «'S' .~r.w^mmmsm ■V • ,^J 794021 r APPLICATION FOR VARIANCE Otter Tail County ^ Fergus Falls, Minnesota 56537 {2-\8) 739-2271 - ' Office of County Recorder County of Otter Tail I hereby certify that the within instrument was filed for record in this office on the 2-'Z- day of L A.D.19 at ^ '‘00 A M. duly Microfilmed as Doc.#andiWas Application r ty. Faa $__________ County Recorder Deputy — Please Complete With Black Ink — y f<-rqus RJIs Mi^ 'Sys~^-7 ^ ^ ^ Sfate Zip No. ^ / tsTwame II n Owner:Phone: First Middle Street & No.City Sif- 7??E(2Lake No.Lake Name Lake Class 13/IDSec.Twp.Range Twp. Name Legal Description:Fire No. or Lake ID #[x)+5 ^*iO Z,z,-atD- ^j^-03(fiZ.-CrOOParcel Number VARIANCE REQUESTED IS: c:J<JiXlZ/c Cde7>U'^^ ^if) norllaJ^ €4^.^ cja€/^^ Jz /c^ 4ax7k'/y fyk/6 r'c ' tA6yik>-/s/ / ir./O ^ -In order to properly evaluate the situation, please provide as much supplementary informdtfon 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 County. Application dated 19 . X iignature Of Applicant 19^S- P- u_L L - Date of hearing: ____ MOTION AS FOLLOWS: Time: 96 6 P. m f roIt-Cfh7- Motion was made by Randall Mann, seconded by Craig Anderson to approve a 60’ variance from the required ordinary high water level setback of 100’ for the construction of a dwelling, with an attached double garage, 40’ from the ordinary high water level with the provisions that the additional garage building must be limited to a one story structure and that no water - oriented accessory structure will be allowed on the applicant’s property. Hardships being the unique shape of the applicant’s property and substandard lots of record. It was also noted that this variance does allow the applicant a reasonable use of his property. ' Chairman Otter Tail County Board of AdjustmentXPermitfs) from Land & Resource Managemerh required:YES NO mailed copy of Application to Applicant.(Date/lnitial) BK 0796-001 277.205 • Vidor Lundoon Co.. Printers • Fergus Falls. Minnesota I «I ; a.aa-,hd!M ('.An f~ <^-/S/A Vj-,C/ d’5‘y 3SS- jr? 3 S"5^ SC-3. ■S'C’B -oo/ SH if 1(1 (^ ’i V. ' \ •ny\U-0^^ '"7/^6 )• it"0 y?'7-i^p^ (') ' 'V'U.I \X \''‘.''tl'CM )o iA-\c;vliiQj- ,j'o y:iv.{S-Q J)0^ " I \ ^ " '.'-nooi-iri I'JvmiM > ..lajuj j;i;Ji!SL('; [ili'J plUJ SOXB^ Ufo/ -n v,v/)0' (^n/ptyvl O^AU)2 -yyQ j 0^ J-o' '^v#o z: o s‘;“i »pi KO no Aspjoi^ j Ottertail County Board of Adjustment County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 Gentlemen: The informatitm iwfaich you requested of me at the Hearing on June 6th is attached I have included three Exhibits; Exhibit A Aerial Photo ofthe property taken in the early "70's Exhibit B A floor plan of the residence for which the variance is requested Exhibit C A copy of the Plat of Lots 9 & 10 for which the variance is requested Exhibit A Note on the Exhibit the sand bar extending to the east of the point The depth of the water over dae bar is normally about three feet, you can (and I have) walked this bar to its' eastern point, about a quarter mile, without finding a depth over three feet. It contains large rocks, and power boats cross this bar only with knowledge of the rocks and other obstnu:ti(Mis in safety. Numerous lower units have been damaged on this bar by those unfamiliar with the lake. A similar bar of the same water depth extoids the east fi:om Lots 11,12 and 13 on die west side of die point. Because of die sand bars, motor boat traffic is limited on both sides of the point, with only the occasional fisheiperson trolling throu^ the bay to the immediate west of Lot 10. While the detail on the jdioto is not as good as it should be, the elevation of the township road to the property is a downward slope to Lot 10. The top of the hill between Lots 8 and 12 is sqiproximately 15 - 20 feet above the level of lot 10, and 6 feet above the level of lot 10 at its' lunthwestem comer. This requires that the access to Lot 10 be in the middle of Lot 9 to accommodate the hill. Lowering die road to inovide access at the northwestern comer of Lot 9 would require regrading of the road, partially blacktopped, for about 175 feet, leaving a high bank to the Berdesen inopeity on Lots 6,7 and 8. Also note the location of the shop building on the extreme southwestern comer of Lot 8. This is buih on the lot line, with no setback, and conqilicates any grading or filling project Exhibit B In the course of discussing the proper structure for the site, we had early on determined to "do it right”. For us, this meam incorporating good design, sensitivity to site and environment, and deciding to defer any building plans until we could afford to "do it right". We con^omised in 1969 by purdliasing the mobile home so that our children could have the experience of "going to tte lake". At best, this was a temporary structure, but it served that purpose. We now are able to inoceed with building plans. In prq>aration for this, we have looked at numerous plans in bo(^ and magazines, toured model hom^ and tried to draw our own platL None of these efTmrts resulted in a plan that was satishictory from the staru^int of good design and architecture. At this point, we contacted Ms Oail Hanson, of Hanson Designs. We had seen her work: in a number of buildings both public and jnivate in die area, and enjoyed her work. She was hired to assist us in die design of a home for the site. She spent hours walking the propnty, commenting on the uniqueness of the site and over several months, we worked together on a plan that would meet our requirements of space for our hobbies, interests and lifestyle. Die result of this effort is Exhibit B. Exhibit C FOOTPRINT The 50' by 80' footprint requested in the variance is requested to accommodate construction of possible deck area and foundation landscaping and plantings. This was suggested by the Sluneland Management office. You will note that Exhibit B indicates a 28' width at the southerly end of the proposed residence. The width of the point at the southerly end of the proposed building is ^[iproximately 100'. The location of the southerly end of the proposed building is over 200' ^m the end of the point on Lot 10. The soudierly end of the proposed building would be sited about vsiiere the northerly end of the eiqiando unit is located on the Mobile home (Exhibit B) It should be pointed out that a hill slopes northerly upward toward Lot 8 from about 30 feet from the northo'ly lot line between Lots 8 & 9. This slope begins about at the northerly end of the existing septic tank. Exhibit C also includes lines showing tte 50 foot sed>ack, and the 50 x 80 foot Footprint as weU as the existing well and septic locations. Placement of a residence needs to consider access to these systems by service trucks as may be necessary. The ten foot distance from the septic tank requested in the variance request acconunodates this access to tlK well and septic ^steuL Location of the well is critical due to the nature of the soil on the point, clay. This is the fourth well location since I acquired the fxoperty in the late 60's. All other wells have failed due to soil intrusion. The current well is over 60 feet deep, and will need to be extended to 180 feet or better to minimize silt intrusion according to Mr. Auseth of the Fergus Well Co. The requested variance accommodates the house plan in Exhibit B, and intrudes only marginally upon the 50 Foot Intrusion Zone, This is further minimalized by the 28' width of the southerly portion of the proposed residence. A "diive-by" survey of the structures on the west side of the road to the property indicates to my untrained eye that every residence either has a structure within the 50' Intrusion Zone, or the house or cottage intrudes on the Zone. On the east side of the road, this is less rq;^)arent, but my eye indicates that some either are inside the Zone, or close to it. On the west side of the road, a Variance was granted within the past three years for a twenty foot setback to accommodate a mobile home. Standing in the middle of the Lot 10 point, one can see at least a dozen structures within this Zone on the south shore of the lake. Perhaps the Shoreland Management Office has a listing of the structure set-backs for the lake. Most of these structures existed prior to the enactment of the Shoreland Ordinance, and were "grandfathered". But the point is that there are numerous structures already on the lake that intrude into the Zone, the requested variance is not an exception to many already existing structures. Thank You for your consideration. John & Karen Krueger