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Home My WebLink About54000040026000_Variances_04-05-20121107156 'V DOC# 1107156 1107156 Fee: $46.00 Well Certificate [ ] Rec'd Date Stamp OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: April 11,2012 12:30 PM Wendy L. Metcalf, Recorder RECEiVED DEC 1 3 2011 Returned To:LAND & RESOURCE 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 •f>4cxp. —Application Fee Accepted By / Date \'7- j U ______LAKE CLASS S't. OLo-f ISSyQf StolLnr- ffay fl.c/ bctl'hto^ Sb32-H COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Dge^/^ i Lar, Bay LAKE NAME / Tol^Q/l/)eS ^ ^ RANGE ^ DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS '^S(o-392^/}/£.LAKE NUMBER SQ»-39 I TOWNSHIP TOWNSHIP NAMESECTION E-911 ADDRESS PARCEL NUMBER 5'^OQQQ^QQ 24 OOP LEGAL DESCRIPTION jPor'i' Jcsrf~~ 2-- ^ TrAc/-/£2) TYPE OF VARIANCE REQUESTED (Please Check) ^ Structure Size X Sewage System Cluster WECS Misc.SubdivisionStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. IZ?^ -pro/yx /»<c_ S€>-392- ■ho y<ifec_ it Stc'39rZ— h PtoP<^Sc(P Re c^ueJ-f^ \/cn c.A<-^ Ae,fA^ of Z2'-fl'' * A*:it, hMX. qP' Z- * -O ' I 0 ^ 2^ jJroPo^ecJ he 4 -h.[/c//oioce 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. DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING __(Applicant Will Receive Notification As To The Date/Time Of Heari^^ ^ 345,194 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota ’V' cTr Z'/r).TimeDate Of Hearing Motion Dean and Lori Thorsen - Approved ordinary high water level request and deny the height request. (6:38 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Rick Wilson and unanimously carried, to approve a variance of 72’ from the required ordinary high water level setback of 200’ for the construction/placement of a 40’ by 36’ non dwelling structure, being no more than 20’ in height, 128’ from the ordinary high water level. The hardship/practical difficulty is the terrain, unique shape of the lot and water on two sides. It was noted that a highway (Stalker Bay Road) separates the proposed structure from the impacted body of water. Not granting the requested height variance is consistent with past actions of the Board of Adjustment and granting the requested height variance would establish precedence, which is precedence that the Board is not interested in establishing. airman/otter Tail County Board of Adip^ment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R Dfficial/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 5, 2012 The Otter Tail County Board of Adjustment met Thursday, April 5, 2012, with the following persons in attendance: Thomas Lee Rick Wilson David Hauser. County Attorney Michael Harris Randall Mann Mark Ronning, Land and Resource Management Paul Larson Steve Schierer Called to Order - Randall Man, Chair called the meeting of the Board of Adjustment to order at 6:25 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the December 1,2011 meeting as mailed. Chair and Vice Chair Selection - Randall Mann, Chair, then called for nominations for Chair and Vice Chair of the 2012 Board of Adjustment. Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to direct the Secretary of the Board of Adjustment to cast a unanimous ballot for Randall Mann as Chair and for Steve Schierer as Vice Chair of the 2012 Board of Adjustment. Secretary’s Note - After the meeting, the secretary returned to his office to download the recording from the meeting to the computer system. After the download from the recording device was completed, the secretary began to play back the downloaded recording using the computer system. At this point, it was discovered that the recordings from the first hour of applications were missing. An attempt was made to determine if the recording from the first hour of applications were still on the recording device, but the device had completed downloaded. The secretary is uncertain as to what might have happen; however, there was a short recess between the first hour of applications and the start of the second hour. The recording device was turn off for a portion of that recess. It appears that when the recording device was turn back on the secretary and/or the unit somehow reset to the beginning or recorded over what had already been recorded. The Board of Adjustment considered the following applications for variance; James D. Jensen - Approved the variance request as amended with a condition. (6:31 p.m.) James D. Jensen, part of Government Lot 5, Section 21 of Hobart Township by Rose Lake, requested a variance of 5’ from the required road right-of-way setback of 20’ for an addition/remodeling project to the roadside half of the existing structure, which would include a partial second story, expanded first floor and two car garage. Existing concrete sidewalks and storage sheds would be removed. The roadside garage portion would encroach into the 20’ setback from the road easement, but would encroach less than the neighbors’ garages on either side. 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 Paul Larson and unanimously carried, to approve the 22’ by 22’ proposed single story addition in the location as depicted on the amended drawing and materials submitted at the public hearing with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved will allow the applicant to enjoy the same rights and privileges as others in this immediate area. Dean and Lori Thorsen - Approved ordinary high water level request and deny the height request. (6:38 p.m.) Dean and Lori Thorsen, part of Government Lot 2, Section 4 of St. Olaf Township by Johannes Lake, requested a variance of 72’ from the required ordinary high water level setback of 200' and a variance of 2’ from the 20’ maximum non-dwelling structure height for the placement of a 40’ by 32’ garage, having a maximum height of 22’, 128’ from the ordinary high water level of an unnamed lake (Lake No. 56-392). 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 Rick Wilson and unanimously carried, to approve a variance of 72’ from the required ordinary high water level setback of 200’ for the construction/placement of a 40’ by 36’ non-dwelling structure, being no more than 20’ in height, 128’ from the ordinary high water level. The hardship/practical difficulty is the terrain, unique shape of the iot and water on two sides. It was noted that a highway (Stalker Bay Road) separates the proposed structure from the impa,cted body of water. Not granting the requested height variance is consistent with past actions of the'BoafcFw A^lfti^dnCahd' granting the requested height variance would establish precedence, which is precedence’that the Board is not interested in estabiishing. i' SCALE DRAWING FORM t SVdQOO VoOZbOO 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.[ h (o^I 00 F<et'%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) -f • r \^\ \tI . .1 1 ^ ! .I I STnL.ic£^ /Zo^ i 1 DeiM£wf»T I r ..rTT trr .II prop^^Jwj ■■ f I_i i t 0 \\I T i I t f i .! . i. t ,. . ■f ■f ir ..L...-I" -*-TJu/tC,I...‘4-;3 u..;. .1....;. , -:i-•U -..4mA^TO...4-Fh(4 r ■ t i.. I r 4 f ir!i * *," • r r■f l.i tr t r ']^d hot aap>j Lcf jc^ , 1...’ 'T" !"!I : : i T"fECANMED“ Signature of Property Owner ; ; /Z-/3-f r■i' Date i BK —0909 .^3^596 • Victo LundMn Co, Printers » %rgus i alia. MN * 11-8Q0-346-4870 > ■[[ IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): 7o/Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): 90 Ft^Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: _ Ft2LOT AREA: i.q. 0 \ G(p .%X100= IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE f.': «• i. . *• * Old Republic National Title Insurance Company Commitment Number; 25544 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows; All that part of Government Lot 2 of Section 4, Township 131 North. Range 41 West of the Fifth Principal Meridian, St. Olaf Township, Otter Tail County, Minnesota, described as follows; Commencing at the Southeast comer of said Section 4; thence on an assumed bearing of due West on and along the south line of said Section 4 a distance of 2647.98 feet to the South Quarter Corner of said Section 4; thence North 31 degrees 31 minutes 00 seconds West a distance of 1854.28 feet to an existing iron monument in the center line of a public road known as Stalker Bay Road; thence North 7 degrees 38 minutes 50 seconds East on and along said road center line a distance of 579.26 feet; thence North 7 degrees 05 minutes 08 seconds East and continuing on and along said road center line a distance of 511.67 feet; thence continuing on and along said road center line on a bearing of North 14 degrees 57 minutes 40 seconds East a distance of 951.98 feet to a point of intersection; thence continuing on and along said road center line to a point that bears North 39 degrees 38 minutes 13 seconds East a distance of 309.41 feet; thence continuing on and along said road center line to a point that bears North 46 degrees 59 minutes 17 seconds East a distance of 252.57 feet; thence continuing on and along said road center line to a point that bears North 24 degrees 59 minutes 19 seconds East a distance of 320.01 feet to the point of beginning; thence North 62 degrees 35 minutes 58 seconds West a distance of 17.39 feet to the west line of said Government Lot 2; thence North 1 degree 05 minutes 21 seconds West on and along said west line a distance of 936.68 feet; thence South 84 degrees 45 minutes 35 seconds East a distance of 248.10 feet; thence South 00 degrees 03 minutes 06 seconds West a distance of 234.12 feet; thence South 28 degrees 35 minutes 19 seconds East a distance of 581.37 feet; thence South 31 degrees 33 minutes 27 seconds East a distance of 136.03 feet to an iron monument with plastic cap marked "RLS 10941 “; thence continuing South 31 degrees 33 minutes 27 seconds East a distance of 9 feet more or less to the westerly shore of Johannes Lake; thence on and along said shore in a southwesterly direction to its intersection with a line that bears South 62 degrees 35 minutes 58 seconds East from the point of beginning; thence North 62 degrees 35 minutes 58 seconds West a distance of 8 feet more or less to an iron monument with plastic cap marked "RLS 10941 "; thence continuing North 62 degrees 35 minutes 58 seconds West a distance of 449.66 feet to the point of beginning. o ALTA Commitment Schedule C (25544.PFD^5544/1) Steve Schierer AppraisalsPLAT MAP File No. F0922 Case No. Bonrower Dean and Lori Ttiorsen 15876 Stalker Bay RoadProperty Address City Dalton Otter Tail MNCounty 56324-Slale ZoCode LenderiClient American Federal Saving Bank Address 117 S. Mill, Fergus Falls. MN 56537 f ett.SCALE: I lack =600legend Noitii QgofUrCorflsr S«c1ton 4. C.R. 65639A s Hcrnie cofWMJWffSA«?»r?Q t teft • 9.40t431 I Rtefew • Z.*TtOi^ '•**** ^,7: asj.roo._____ tmt ai>»i f*«* *»> o O Pi9l «*•»•'*« ---------M*««< r ' 3's.oon.y e M «r* H»l. N«tt Ctfnir iJC.« • -N-“(V I/tract described S.ZTocros* =/ Arao o . stn * S.2 -S83=a2'4J'‘E «05.74fl —ses‘*25'co"£ nr.ozr W # II! ! \ \ I Soglfteosl Corner 'K , R 4tv< $56393T »3’N C. R. /r' SowJ>t OwOfter Corftee^Sec1^^^^\\^ jC.R. 656300 ■___i-___ ^------as47.9efi.i 0«6 Wl*' f ct*-nrr that th:j survey, fv-f* i*.?rc*T v»At I ^ } tf'r^ griTr <g HinneSQJia Page 7 of 15ClickFORMS Appraisal Softoare 800-622-8727 WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # 00 ^OOZC 00<^ described in my \Jq/^tQ/UQ Application dated 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 Commission 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). / f-So ^ A ( DATED PROPERTY OWNER SCANNED01-03-2011 Mbowman app &forms~ waiver 60 day rule