HomeMy WebLinkAbout53000990682000_Variances_04-12-2018Variances
Barcode 128
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Date Stamp 1205010
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/17/2018 11:50 AM
FEE; 46.00
PAGES 2
WELL CERTIFICATE RECD: N
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L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.usOTTCR Tim
Application Fee
Receipt Number
mAccepted by Date
Property Owner
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4Name
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Parcel Information
(Hi5Qi ■ 20*? Lake Name Lake ClassLake No
OOP^r^'Ooo -9*=/ -Parcel Number(s)
Parcel Number(s)
5kPusk Lake SectionTownship Name
Legal Description B 10 I Lo-^ I ‘iO^k S^or^S
MN^^SBO CriFy-s.F^^ DPhysical Address r I
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback IS SubdivisionStructure Size Sewage System
I I MiscellaneousWECSCluster
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/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 REGARDIN'SJHISJMATTER. ^
/ 8
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
/’/tlV- / (T"Date of Hearing Time
Motion
MiU'hdl and Roberta T ompkins - Denied (6:45 p.ni.)
After discussion and consideration, T homas Lee made a motion, second by Darren Newville and carried with Steve Schierer and
Ker neth Vorderbruggen voting no, to deny the variance as requested as no adequate hardship/practical difficultly unique to the
pro| lerty had been shown that would allow for the granting of the variance as requested, a reasonable use of the property can be
obt; ined without the granting of the variance as requested and it was noted that the proposed placement is to close to both the side lot
line and the ordinary high water level. Those voting against denial noted the shape of the lot and the placement of the existing
stru :ture as reasons to consider granting some relief from the required setbacks.
Chairman/Otter Tail County Board of Adjustment
i/Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
!\ryw f)ush
L&R Official/D&te
Copy of Application mailed to Applicant, County Assessor and MN DNR
2
MINUTES OF THE MEETING
OK THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, April 12, 2018
The Otter Tail County Board of Adjustment met Thursday, April 12, 2018, with the following persons in attendance;
Rod Boyer
Steve Schierer
Denise Gubrud, Land and Resource Management
Kurt Mortenson, Assistant County Attorney
Thomas Lee Darren Newville
Kenneth Vorderbruggcn
Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.ni.
Minutes Approved - The Board of Adjustment approved the minutes of the March 8, 2018 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Jyles A Moltzan - Variance application approved as modified. (6:32 p.ni.)
Jyles A. Moltzan, Lot 1 Silent Point, West Silent Lake in Dora Township, requested the following: The substandard lot cannot
meet normal setback. Therefore, I need a variance to place an 8’ by 36’ self-contained camper on lot 45’ from shoreline, 38 to
40' from road and 8" from south lot line. The audience was polled with no one speaking for or against the variance as requested.
After discussion and consideration. Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve
the placement of an 8‘ by 36' self-contained camper at least 10’ fi'om the side lot line, at least 20' fi'om the road right-of-way and
at least 50’ from the ordinary high-water level. Hardship/practically difficulty is a substandard lot of record, water on two sides
of the property and the placement of the road. The variance as approved does not directly or indirectly grant any other variances
for proposed or future development of Lot 1 Silent Point.
Mitchell and Robei ta lompkins - Denied (6:45 p.m.)
Mitchell and Roberta l ompkins. Lot 14 Block 1 Oak Shores, Buchanan Lake in Rush Lake fownship, requested the following:
Proposed 15’ by 32’ addition onto existing cabin will have one corner (NE) of addition being 6’ from east property line. Also, SE
comer of addition will be 70’ from high water mark. The audience was polled with Brian Wittich speaking for the variance as
requested. After discussion and consideration, Thomas Lee made a motion, second by Darren Newville and carried with Steve
Schierer and Kenneth Vorderbruggen voting no, to deny the variance as requested as no adequate hardship/practical difficultly
unique to the property had been shown that would allow for the granting of the variance as requested, a reasonable use of the
property can be obtained without the granting of the variance as requested and it was noted that the proposed placement is to close
to both the side lot line and the ordinary high water level. Those voting against denial noted the shape of the lot and the placement
of the existing structure as reasons to consider granting some relief from the required setbacks.
Paul and Robyn Bakkeii - Denied (7:05 p.m.)
Paul and Robyn Bakken, Lots 8 and 9 Augustana Beach First Addition, Otter Tail Lake in Amor Township, requested the
following: We would like to request a variance of 8’ from the lot line so that we are able to build our garage 2’ from the lot line.
The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration. Rod
Boyer made a motion, second by Darren Newville and carried with Steve Schierer voting no, to deny the variance as requested as
no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance
as requested and other alternatives not requiring the granting of any variances or the granting of lessor variances exist and those
alternatives would provide the applicants with a reasonable u.se of their property.
John Ferguson - Variance application approved as modified with a condition. (7:20 p.m.)
John Ferguson, Lots 3 and 4 Clear Beach Resort, Fish Lake in Aurdal fownship, requested the following: Variance for setback
of dwelling, driveway, shed and parking. Proposing to place structures 40’ from ordinary high-water level, required setback is
200’. Requesting 2,672’ for building and impervious surfaces within the shore impact zone. Prior approval for 850’ at June 8,
2017 Board of Adjustment meeting. Rachel Ferguson appeared with the applicant at the public hearing. I'he audience was polled
with no one speaking for or against the variance as requested.
Page I 1
DRAWINGj FORM
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!SCALE1
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Tax Parcel Number(s)
The scale drawing must be a signed drawing which inciudes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, weils, wetiandS and topographic features (i.e, biuffs). Must aiso compiete the
impervious Surface Calculation (see back).
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
3^ OOPLot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing Proposed1-J.2Ft^Ft^Ft Ft
6^90mDwelling Deck(s)
Patio(s)O 292Attached Garage -
9^76Detached Garage Sidewalk(s)
Mi:Storage Shed O Landing(s)
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Landscaping
(Plastic Barrier).'-I'
Miscellaneous
HBZ O2V//TOTAL BUILDINGS TOTAL OTHER
Buildings
impervious Surface
Percentage
-HMaximum Allowable 20%
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Surface
Ratio
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Buildings + Other
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Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
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Ratio
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Impervious Surface Calculation Worksheet 04-11-2016
Date -2-0! pSignature:
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BREAKDOWN A*7l*93'q7*R'EITOO'SECTIONS 35 & 36. TWP 135. RGE 39 L«27226NO SCUC
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Notice of Hearing for Variance
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.usOTTCR TAIL«i»eerr-BiaittOT*
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Mitchell and Roberta Tompkins
150 g'f' Ave
Milnor, ND 58060
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, April 12, 2018 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 accomlmodations 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 14 Block 1 Oak Shores,
Property Address - 44880 Crimson Drive - 56571
Section 36, Township 135, Range 39 - Township Name - Rush Lake
Lake No. 56-209, Lake Name - Buchanan, Class - GD
The variance requested is the following:
Proposed 15’ by 32’ addition onto existing cabin will have one corner (NE) of addition being 6’ from east property line.
Also SE corner of addition will be 70’ from high water mark.
'Wayne Stein
Board of Adjustment Secretary
March 22, 2018
\
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 26th, day of March, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Mitchell & Roberta Tompkins, 150 9"^ Ave, Milnor, ND 58060-4315
Pamela Moe, Twp Clerk of Rush Lake, 43394 Round Lake DR, Ottertail, MN 56571
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 1®* 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
Darren M Newville, 614 6**’ St NE, Perham, MN 56573
Rod Boyer, 51127 E Wymer LK RD, Frazee, MN 56544
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: March 26th, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: (T\a a-
Vi Manderud
RICHARD & BARBARA CUNNINGHAM
150 KACU LN
KALISPELL, MT 59901-5836
RICHARD & CAROL DERTINGER TST
45853 348TH ST
OTTERTAIUMN 56571-9555
WAYNE A & JANET M BRASEL
: 44794 CRIMSON DR
OTTERTAIL, MN 56571-9518
LARRY & SHARON IMDIEKE
45415 LAMPLIGHT DR
OTTERTAIL, MN 56571-9500
DUSTIN T & ASHLEY M HOEFS
402 BRYANT AVE SE
WADENA, MN 56482-1640
JOHN G & MARY L FAHNLANDER
34179 457TH AVE
OTTERTAIUMN 56571-9549
NANCY OSLAND
44802 CRIMSON DR
OTTERTAIUMN 56571-9518
MITCH MALCOLM
45685 COUNTY HIGHWAY 54
OTTERTAIL, MN 56571-9505
JOHN M & VERNA M JOHNSON
909 BYRON AVE N
, BYRON, MN 55920-1413
!t
1
MYRON W & LORI D YAGOW RV TSTS
517 3RD AVE
MILNOR, ND 580604102
JOHN T & DEBORAH JOHNSON SCHAD
8663 CALLAHAN TRL
INVER GROVE HEIGHTS, MN 55076-5128
MITCHELL & ROBERTA TOMPKINS
150 9TH AVE
MILNOR, ND 58060-4315
BRIAN & LORI WITTICH
44894 CRIMSON DR
OTTERTAIUMN 56571-9564
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
IGOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE FERGUS FALLSj MN 56537 218-998-8095
FAX; 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER & MARCH 31^^
I understand that, due to snow cover, the Planning Commission Members
Board of Adjustment Members may not be able to view my
), described
Application(s) dated
and/or the
property/project (Tax Parcel # - 66^3 -OOP
V/q r~i cv^r^6^.
2- 27 - Zo\S .
on my
. ;;Since this is the case, it may not be possible for Otter Tail County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the Planning
Comrnission Members and/or Board of Adjustment Members to view
my property before taking action on my Application(s).
I I I do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s). .
DATED PROPERTY OWNER
LR: Forms: Waiver 60 Day Rule 02-21-2017
ci \a) I -H^{ 'c h<Xr\^
Deb Prazak
noreply@civicplus.com
Tuesday, April 03, 2018 2:50 PM
Deb Prazak
Online Form Submittal: Comments, Suggestions or Questions?
From:
Sent:
To:
Subject:
Comments, Suggestions or Questions?
Contact Information
Please complete the online form below to submit your questions / comments. If you
would like to contact us by phone, you may call (218) 998-8000.
First Name kevin
Last Name gode
Addressl 44323 338th St.
Address2 Field not completed.
City ottertail
State MN
Zip 56571
Phone Number 7012381493
Email Address dgode60@gmail.com
Questions or Comments
Please select the
department or function you
wish to contact:
G.I.S.
Please leave your
comments or questions
below.
my comments pertain to the upcoming variance requests on
buchanan lake why not buy a lot that does not need a variance.
Buy an inferior lot then get bailed out by the county . Lets pull
more cattails and open up the whole bay.l think enough of that
has taken place on the southwest bay. I think you knew what
you got when you purchased . Why have any rules its a free for
all.I hope this is brought up at the April 12th meeting.
Do you wish to be
contacted about this?
Yes
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