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Home My WebLink About53000990360000_Variances_09-11-2014Variances Barcode 128 ^-ii-zoN DOC# 1148817 1148817 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA Certified, Filed, and/or Recorded: September 16, 2014 2:00 PM Brian Armstrong, Recorder Date Stamp RECEIVED AUG 2 0 201^ LAND & R6«CXJRCE Returned To: LAND & RESOURCE By: LL 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 SOfi-00Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date MAILING ADDRESS Ke TOWNSHIP NAME E-911 ADDRESS PROPERTY OWNER DAYTIME PHONE / V/LAKE NUMBER LAKE NAME ____LAKE CLASS ^ ^ xrv=*/3^3'^SECTION TOWNSHIP RANGE PARCEL NUMBER &0■S^-^ 97- <p3^0 PUAJia4ru. jy^ 6r&-e -Zy L&ysyit^ LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback^ Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. P\y PfoPaSe^ <2-^1 Jo t>r<y(-e Pi/'ykercx n / /’/»lo I'T 1e> ^ e. c-/^3e^ }o iPtcpPttrry S^Tio^ci<, ry\y P/^oP>se^ ^ l)€ 'tt. i~yr _Ttr / ^ QUIREMENTS OF THE SHORELAND TV IcvgSpJ IUNDERSTA MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. ND THAT I HAVE APPLIED FOR A VARIANCE FROM THE RE I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATUR^^OFI DATEPROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING scw(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345 194 • Victor Lundeen Co Printers • Fergus Falls. Minnesota Xt ojftnk*!? //_____Time 7 '^^Date Of Hearing T Motion Mark and Kara Kirckof - Denied (7:31 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and carried with Ward Uggerud voting no, to deny the variance as requested as the granting of the variance as requested would cause the applicants to violate Minnesota State Rule 7080 and a reasonable use of the property can be obtained with a smaller structrue. Access to the proposed structure would be over part of the existing drain field. Concern was also noted that the proposed structure is oversized for the property size. It was noted that a smaller structure would meet the 10’ side lot line setback requirement’ however, access would still be an issue. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR - bk 072011-001 September 11, 2014 Page # 3 ✓^Mark and Kara Kirckof- Denied (7:31 p.m.) Mark and Kara Kirckof, Lots 7 and 8 Jerry’s Breezy Beach, Rush Lake in Rush Lake Township, requested the following: My proposed garage can’t go any further east because of sewer system, so I am proposing to shift it closer to west property line. Neighbors on west side and east side are both closer than the 10’ property setback. My proposed garage will be a positive for my property and surrounding lakeshore properties. Proposed garage will be 2’ from lot line required set back is 10’. The audience was polled with Curt Grenier speaking in support of the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and carried with Ward Uggerud voting no, to deny the variance as requested as the granting of the variance as requested would cause the applicants to violate Minnesota State Rule 7080 and a reasonable use of the property can be obtained with a smaller structrue. Access to the proposed structure would be over part of the existing drain field. Concern was also noted that the proposed structure is oversized for the property size. It was noted that a smaller structure would meet the 10’ side lot line setback requirement’ however, access would still be an issue. Hoiberg Family LLC - Variance application approved as requested. (7:52 p.m.) Hoiberg Family LLC, Lot 7 Hoffman’s Beach, West McDonald Lake in Dora Township, requested the following: There is not space on lot for drive and parking requirement. Parking is across road on back lot. The Shoreland Management Ordinance requires a minimum of 12’ wide driveway from the nearest road right-of-way to the proposed structure unless otherwise provided by the property owners. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the application dated August 20, 2014 and as depicted on the drawing submitted with the application. It was noted that the proposed development will be moving back from the water and out of the shore impact zone and that impervious surface coverage would be reduced as well. It was also noted that the parking area for this lot is across the road on a back lot. The placement of an existing storage building and the location of the road make this a unique situation. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Helen Huseby Et Al - Variance application approved as requested with conditions. (7:58 p.m.) Helen Huseby Et Al, part of Government Lots 4, 5 and 6, Section 5 of Dunn Township by Pelican Lake, requested the following: Proposing to create an 18,803 square foot parcel (back lot) subdivided from a 75.28 acre parcel. The proposed parcel will be permanently attached to the riparian lot (Parcel #17000990836000). Proposing to have the lots declared buildable for single family residential use, placing one dwelling on either the riparian lot or the non riparian lot. The applicant was represented by Glenn Howe, Scott Askerooth and Kris Shield. The audience was polled with no one speaking for or against the variance as requested. An email from Justine M. and Richard F. Kingham in opposition to development on the riparian lot was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve the proposed subdivision as stated in the variance application dated August 20, 2014 and as depicted on the surveyor’s sketch submitted with the variance application with the condition that the riparian lot must already be considered an existing buildable lot (grandfathered) and with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the variance as approved does not directly or indirectly grant any other variances for any future development. Mark and Erika Sailer - Variance application approved as requested. (8:12 p.m.) Mark and Erika Sailer, Lot 4 Block 1 Ormberg Addition, Marion Lake in Dead Lake Township, requested the following: West property line markers from purchase differ from survey requested after structure was built. Requesting variance of 5’ 6” from the required side lot line setback of 10’ for the location of a structure 4’ 6” from side lot line. The audience was polled with Kevin and Linda Olson expressing concerns with the variance as requested. After discussion and consideration, David Wass made a motion, second by Michael Harris and carried with Paul Larson voting no, to approve a variance of 5’ 6” from the required side lot line setback of 10’ for the location of a structure 4’ 6” from the side lot line. It was noted that the applicant’s acted in good faith, attempted to comply with the ordinance, have incurred a significant financial investment, the placement of the structure in its current location was not an intentional act by the property owners and no significant benefit would be gained by forcing the applicants to bring the existing structure into compliance with the 10’ setback requirement. The granting of the variance as requested is consistent with past actions of the Board. SCALE DRAWING FORM 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 and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back).12o't.O'T I s I /AJChf - Ro/^^:) I? 1 GAIT sm. "i- /-)Av & yt) U\; iTl^ Tri<^ r oi? lAf ^ /o 1no'lif .,n ^sf I 10 XU \ \r OLO i'xr ■I r^-zs-) (R-12) U'^Tr>oP , (R- 1‘f') \ Gl^ik66\ \P^ofoS^£>\r^j^PTlC \ )( z^y2>^\I \ \ \<—O^hifJ \ I/'X3o'(I2.-6) \ \ pefort \ —r \ \ \ AV\/A^\ ’ Hau^ hoc 22^20 g.^'x I LJ^4' rR-7jCM]CR'TD -1-------H PATJO —^ cjVq /I^TdoP rg'Ns/Q^w*f-*c tt )-AK6 i'kio' S <r-p/^l0 " f<3 I'xio' Cfi-i) iR-io)aot3 d CJ □e Rush! LA KL ■^SCANNED Sigt^Mre of Property Owner Date BK —032014 354,120 • Vintuf Lundeen Co., Printers • Fergus Palis, WIN • 1 •800-340-48/0 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 2^,06 0 3-/9-yyLot Area (ft^):Date:Signature /2'i - ^ R~ S' “ I ^ R- k' 3^ R-y* -- 317. $r 10 )} -- 120 Rw3--'3s»V A.-/V - R -/S'- l9 , « ■ r- /6~ 30^8 Total Other Impervious SurfaceBuildings ProposedExistingProposedExistingFt^Ft^Ft^Ft __________ ^..,0 ^^etached Garage/j-/^ 3^1^ v^torage Shed _____ WOAS Dwelling f-2-2'^Deck(s)0:RlPatio(s)Attached Garage Sidewalk(s) k-lb'if21n U9 0Landing(s) Driveway(s) 5TO Parking Area(s)aRCUR-n-^nst^Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous R-7-/V-A<r 34 !,S/A- S'TOTAL OTHERTOTAL BUILDINGS ^-TO Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaProposedExisting Ft^Ft^ Ft^Ft^Total Buildings /Sl3.^SQo •7^0 d 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Proposed Total Lot AreaTotal Buildings + Other Impervious Surface Existing Ft^Ft^Ft^Ft^ a.7/0006,6d7S 100+-r X Impervious Surface Calculation Worksheet 03-25-2014 ■ a\ ^ ^ c <1 /^ -P •i fX /{X^rQ f fa lf^<?{} y tnSte^ ^ 3 ~fy^ i} C. c- <5^ iTiy 1^ N^ <0 ■ --'^\■r\A I'- fl .A>' ^ -A e ftesen 75/ <5 e^c.1^ ^ S ic-^5 Pt^f€>rfy ///?e ii.:j 'y 0> o V '.i . "\ / U-c^/^ c>nyi^e//f3 %% >ic\^ic\ ."i .<1 v'5^-i. ^ <&'1 \'1 = .yf-' li V .*-•*fi' ^f;-! :,M s '' .. I“#1 >v. mi'm/!■-i. m ,.'4-~'pp*’^Ebi«iSm-Mikwmm •a>t■•~¥ti ‘u.- V.'"' feiiij?Ss M -tiS'-cce//e \f 3 o cn fU^ l-oe.•i1- ^./' j'?! 4- 1 3KJ^<Ff»m* ^j.Pr*. v1 •>f /■;m •w* ■' to'. iipiiW'-V 4 . .'«',» ■'?- "?•' • •>. >.- -.K'' !y '•'si Se'fla 3€. St 0~P FtoaA ^1 J>-«'i4.0 • \)^t ' .' V \' August 13, 2014 To Whom it May Concern, We, Terry and Karen Paulson, are writing this letter to let you know that we have no problem with Mark and Kara Kirckof requesting a building being built closer to our property line in our backyard. Our property is located to the west of Mark and Kara's property. Our address is 44894 Plentywood Road, Perham, MN 56573. rfy and Karen Paulson 6202 E McKellips Road #81 1 Mesa, AZ 85215 d-^r^ JACQUELINE R. GRAHAM NOTARY PUBLIC-MINNESOTA My Commission Expires JAN, 31, 2015 r Notice of Hearing for Variance w 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 OTTER TRIl Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Mark and Kara Kirckof 45802 Isabella Road Brooten, MN 56316 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, September 11, 2014 at 6:30 p.m.j 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 7 and 8 Jerry’s Breezy Beach, Property Address - 44920 Plentywood Road Section 14, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-141, Lake Name - Rush, Class - GD The variance requested is - the following: My proposed garage can’t go any further east because of sewer system, so I am proposing to shift it closer to west property line. Neighbors on west side and east side are both closer than the 10’ property setback. My proposed garage will be a positive for my property and surrounding lakeshore properties. Proposed garage will be 2' from lot line required set back is 10’. Wc^ne Stein Board of Adjustment Secretary Date: August 22, 2014 SCANiEO 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 25th, day of August, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mark Kirckof, 45802 Isabella Rd, Brooten, MN 56316 Francine Guck, Twp Clerk of Rush Lake, 45671 County Highway 14, Perham, MN 56573 Rush lake Assoc., PO Box 42, 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 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 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Loren Bailey, 1063 Ookwood VW, Ferguo-Folls, MN 6668?> t A. VkioiiS <^^r33 o^Ci'h Cirta-ero^Ci-ol ■ 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: August 25, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud scan?:ed JAMES M & JODI ANKERFELT PO BOX 80 MAPLE LAKE, MN 55358 80 ARNDT LAKE PROPERTIES PRTNRSHP 420 1ST ST NW LAMOURE, ND 58458 7344 JENNIFER BERGERSON ETAL 306 COLUMBIA AVES MORRIS, MN 56267 1627 MICHAEL D & SUZETTE BERGERSON 719 IITH ST N MOUNTAIN LAKE, MN 56159 1013 GARY L & DEBRA BRUNKO 1120 PARK LN MORRIS, MN 562671718 JON K & LISA J BERGERSON 2507 18TH ST S MOORHEAD, MN 56560 4810 THOMAS E & ANNETTE M GOOD 915 8THSTNE STAPLES, MN 56479 2221 JASON A GRENIER ETAL 23067 224TH ST FERGUS FALLS, MN 56537 8154 STEVEN & DENISE GALLETTA 44841 PLENTYWOOD RD PERHAM, MN 56573 9020 ROBERT S &. BARBARA J JONES 712 WILSON STW SPRINGFIELD, MN 56087 1117 MARK E & KARA R KIRCKOF 45802 ISABELLA RD BROOTEN, MN 56316 9705 HAROLD E & JOAN M ITEN PO BOX 232 BROWERVILLE, MN 56438 232 GORDON & CATHERINE NICHOLS 44870 PLENTYWOOD RD PERHAM, MN 56573 9020 PAUL & JOYCE MOTSCHENBACHER 44967 PLENTYWOOD RD PERHAM, MN 56573 9020 DARYL M & MARCIA K LARSON 44816 PLENTYWOOD RD PERHAM, MN 56573 9020 T&K PAULSON TST 6202 MCKELLIPS RD E UNIT 81 MESA, AZ 85215 2885 MICHELE M SMOLLEY 988 WILDFLOWER CT EAGAN, MN 55123 3979 DAVID & MARLYS SIMPSON 45024 PLENTYWOOD RD PERHAM, MN 56573 9046 PAUL L & BEVERLY A WINKELS 212 HORIZON HILL NEWNAN, GA 30265 5683 PATSY JEAN & AMBER JOY WALUCE 19110 SYCAMORE GLEN DR TRABUCO CANYON, CA 92679 1009 JEFFREY N & NAOMI M TURNER 421 4TH ST SW STEELE, ND 58482 7236 CThTvvr «ii J)J I,