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HomeMy WebLinkAbout55000110084000_Variances_08-09-2018SCANNED i4. Date Stamp 1210631 W 0 * yV' 4 i * """"CAROL SCHMALTZ OTTER TAIL COUNTY recorder/registrar of TITLES FERGUS FALLS, MN recorded on 08/21/2018 11:22 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC D: N 33 JUL 1' M'*C>J r±0~) • •X CO ArjfiwL&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 vnso Cla<^' jjtsag oo 2-1^- 124 Application Fee Receipt Number Accepted By / Pate-Ap *n|\^|\f) COMPLETE THIS APPLICATION IN BLACK INK l^M n jum $(90^1 Suoo a -€DAYTIME PHONEPROPERTY OWNER hu j'hA/rj 9 5o~9:%Id ^ P?l/ ra n La (\l! (.QyiMAILING ADDRESS LAKE CLASSLAKE NUMBER LAKE NAME SECTION \ \ TOWNSHIP 1^"^ RANGE oiZS TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER CO6*Sqoo l( 00 8^000 V3;LEGAL DESCRIPT10N~-flV-:f dn i~oi O rvg. of .'c^ u, ^ Mor-^ r«"3‘s' TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size____Sewage System WECS Misc.Subdivision Cluster SPECIF' ^’*'**''’8 location with existing footprint. Requesting to change flat roof to a pitched roof. The cabin currently sits 0 feet from \5 the property line on the north side. We are requesting a Variance of 10 feet from the lot line to replace existing roof. Foundation to be replaced lakeside in existing location. Shore impact tone impervious coverage is currently at 778 square feet. Proposing to decrease to 681 square feet and to change 342 square foot flat roof with 342 square toot pitched roof. From 50-75 feet from the ordinary high-water level, there is 1,370 square feet of roof to change from a flat roof to a pitched roof. Requesting a Variance to be 39.3 feet from the ordinary high-water level to replace existing roof to a pitched roof. Will not be any closer to the water than existing roof. Within the 10' setback from the North lot line; -remove the flat roof over the garage and replace it with a pitched roof to match the main part of the house. The gable roof from the lakeside bedroom would terminate into the new garage roof. -change the grade of the last section of driveway to rise to the garage (it now has grade toward the garage). -raise the slab of the garage ~4". Within the 75' setback from the ohwl: -replace the roof over the 3 season porch and middle section of the house in order to eliminate the flat roof over the porch. The pitch on the ' west side of the peak would remain the same, while the east side would run from the peak to exterior wall eliminating the change in pitch. = I UNDERS' -raise to peak ~12" to allow for energy efficient scissor trusses. MANAGEN -repair/replace foundation walls under screen porch and lakeside bedroom WECS ORDINANCE OF OTTER TAIL COUNTY. THIS Wl R I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING^j^lS MATTER. y/^NATURE OF PROPERTY^NER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) M'' lti4 • Victor Lu'iheen Co Printers • Fergus Falls Mmnesrila Date Of Rearing />v*? ^Time Motion condition. (8:02 p.m.)Kevin Flagel - Variance application approved as modified and with After discussion and consideration, Thomas Lee made a ^tion onThe'^^awbg^sXhtteTwith the variance application and approve the variances for the proposed 1,370 square feet of roof to change from a flat as described in the yanance application that no more than 37.8% of the total eligible lot area can r™a„ces as approved do no. ddeod, o, Indneo.l, sran. an, o.her variances for the proposed!development or for any future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management —_Yes (Contact Land & Resource Management) No ArmPki^lu dihh ^ R Official/Dat/ ^ Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 a:* tout t, WARRANTY DEED FOR VALUABLE CONSIDERATION, John W. chnrbonnoau and Fern A. Charbonneau, husband end wlfe» Grantor(s), hereby convey(a) and warrant(0) to Kevin W. Flagel and Janet M. Flagel, Grantees as joint tenants, real property in Otter Tail County, Minnesota, described as followst That part of Governnent Lot 1 of Section 11, Township 137, Range 43; described as followsi Conunenclng at a point oa the N line of Section ll and the w shore of Pelican Lake 1147' E of the NW corner of said Lot l; thence E 1*5B' w along the lakeshore 1008' to the po^nt of beginning; thence S 1*>55' W along lakeshore 50'; thence M 88*'05' W 160'; thence M 1*55' B ^O'; thence S 88*05'^ E 160' to the point of beginning; the above described tract contains 0.18 acres. This Deed given and accepted In full performance of the Contract for Deed of record between Grantors heroin and Kevin W. Flagel and David G. Hanson, as said Contract for Deed was amended of record. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions! except eafements, right of way and other encumbrances of record. Dated! L~ C - ^3 Wt Charbonneaioh "T^n A. Charbonneau h A STATE OF NORTH-DAKOTA ) COUNTY OF GA&g - ) foregoing Instrument was acknowledged before me this <^-:y>lday of January, 1993, by John W. Charbonneau and Ferh A. husband and wife.;• to /me:v:-M. DUGASState of Florida at '.arga NICLeB, HANSEN {a ■ ary Public Oaoc County, North Dakota pz. My Commission Expires: Tax Statements for the real property.described In this instrument should be sent to! Ke>^ln W. Flagel & Janet M. Flagel Rural Route 4, Box 23;fi Pelican Rapids, MN 56572 WAS DRAFTED BY! 6 DAVIES, LTD.1800 Radisson Tower 201 North sth street P.O. Box 2626 Fargo, NO 08108 state DEED TAX DUE HEREOMi $. County Of Otter Tail State is Minnesota ___ DEED TAX...........%yi3----- \-V13 ydCXOhic ' i CiF!CE OF CajMTY RECOTSEil OTTERmCOimMM a WOLCEmiFKMIERECEIVuD / Im..:, i.i i ,.:i,0!l}ef L Cau:!71! 0^;^ir "tail Mrtitf Cut liif •'iiMii te.oyntm n» M («i in ftis o(f>« (aCw«1 isffw U4ii»86 • Hxf. A«;. !< an-j •it.'itUr *u^} 1J ___.... was p.i> .^r7< iXixM’ (A- f a - Tim and Char Creeae - Approved/Dciiied. (7:48 p.in.) Tim and Char Greene, Lots 16 and 17 Fair Oaks, West Battle Lake in Girard Township, requested the following; The existing dwelling was built in 1969 and is 27’ from the lake. We would like to add on but are unable to get back to the 75’ setback requirement. Request to be 47’ from lake. Also, the existing impervious surface is greater than the allowable 25% and our proposed is slightly less impervious than the existing situation. Existing impervious surface is 27.64%. Proposed impervious surface is 27.61%. The audience was polled with Marvin Rapp speaking in support of the variances as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Dan'en Newville and unanimously canied, to approve the proposed development as depicted on the drawdng dated July 19, 2018, which will place the proposed addition 47’ from the ordinary high-water level with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It was noted that the proposed addition is further back than the existing structure and that there are options available that will keep the impervious surface coverage in compliance with the requirement of the ordinance. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for future development. Rick and Carol Frovarp - Tabled. (7:57 p.ni.) Rick and Carol Frovarp, Lot 16 Silent Point, West Silent Lake in Dora Towmship, requested a 62’ variance for setback of structure from the ordinary high-water mark. Required is 100’; a 15’ variance for the road right-of-way and a 5’ variance for the lot line setback, 'fhe audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, and with the applicants’ verbal permission, Darren Newville made a motion, seconded by Thomas Lee and unanimously carried, to table this public hearing until the next scheduled meeting of the Board of Adjustment so that the applicants can submitted a revised request. Kevin Flagcl Variance apjrlication approved as modified and with a condition. (8:02 p.m.) Kevin Flagel, Sub Lot R of Govemment Lot 1, Section 11 of Scambler Township by Pelican Lake, requested the following; Cabin to remain in existing location with existing footprint. Requesting to change flat roof to a pitched roof The cabin cun-ently sits 0 feet from the property line on the north side. We are requesting a variance of 10 feet from the lot line to replace existing roof. Foundation to be replaced lakeside in existing location. Shore impact zone impervious coverage is cuiTCntly at 778 square feet. Proposing to decrease to 681 square feet and to change 342 square foot flat roof with 342 square foot pitched roof From 50 - 75 feet from the ordinary high-w'ater level, there is 1,370 square feet of roof to change from a flat roof to a pitched roof Requesting a variance to be 39.3 feet from the ordinary high-water level to replace existing roof to a pitched roof Will not be any closer to the watei' than existing roof Within the 10’ setback from the North lot line; - remove the flat roof over the garage and replace it with a pitched roof to match the main part of the house. The gable roof from the lakeside bedroom would terminate into the new garage roof - change the grade of the last section of driveway to rise to the garage (it now has grade toward the garage), -raise the slab of the garage 4’’. Within the 75’ setback from the ordinary high-water level: -replace the roof over the 3-season porch and middle section of the house to eliminate the flat roof over the porch. The pitch on the west side of the peak would remain the same, while the east side would run from the peak to exterior wall eliminating the change in pitch, -raise to peak ~12” to allow for energy efficient scissor trusses. - repair/replace foundation walls under screen porch and lakeside bedroom. Joshua fandberg appeared with the applicant. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Dairen Newville and unanimously canned, to approve the variances for the proposed development as depicted on the drawing submitted with the variance application and as described in the variance application dated July 16, 2018 noting that the 1,370 square feet of roof to change from a flat roof to a pitched roof should be 1,025 square feet with the condition that no more than 37.8% of the total eligible lot area can be covered with impeiwiGus surfaces. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development. Break from 8:20 ii.ni. until 8:30 p.m. Dan and .Stacey iVlcKccvei - Variance application approved as requested. (8:30 p.m.) Dan and Stacey McKeever, part of Lot 9 and all of 1 .ot 10 Block 1 Bonita Beach, Otter Tail Lake in Everts Township, requested a 5’ variance from the 10’ side-yard setback for new roof and existing building footprint and a 4‘ variance from the 20’ road setback for new roof on existing building footprint. Roof replacement to be maximum 20’ in height. An email from Dan Prince and Debbie Hale in support of the variance as requested was read for the record. An email from Eleanor and John Nordgaard in support of the variance as requested was read for the record. The audience was polled with no one speaking for or against the variance as requested. August 9, 2018Page I 4 of 5 o —o1 \ 155* UiO"V f i zoO lO <o tu0- North Kevin Flagel 50&36 County Huy ‘I Pelican Rapids MN Parcel 55000110064000 Contractor: RE Design & Construct. He tic #BC7372&5 Josh Tandberg East Scale 1/16"= r SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing. Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to It at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. ■i- ■■ ■ m Existing Ft^ c^n RoiASt -h Z9s _____________ Proposed Ft^ mBuilding(s) Deck(s) Patio(s) Sidewalk(s) Landing(s)mDriveway(s) 11Parking Area(s) mRetaining Wall(s) ■WiLandscaping (Plastic Barrier) m1:2^Miscellaneous -'^'7TOTAL H s'^1 Maximum Allowable 260 Ft^ Total Existing TotalProposedtFt^ Ft^Ft^Shore Impact Zone Impervious Surface f"' SI mm-?7lid 1^51m Impervious Surface Calculation SIZ 04-11-2016 Signature: \Date: IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^ Ft^Ft^Ft Dwelling Deck(s)2^ 5HAttached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous /Z 1(11 zM.TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Total Buildings Ft “^6 "ZOlL .24,100•r X Buildings + Other impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft^ -/17 100-H X impervious Surface Calculation Worksheet 04-11-2016 Signature:Date 1 -}I iiI! I .J 1 YIifI i.Ir1.1 i‘I rIIi4-i tSCALJE DRAWIM FORM\•i1I Y-N-i4 ' ! L_.. Tax Parcel Number(s)i I iI The scale drawing must be a signed drawing which inciudes and identifies a graphic scale (feet), ali existing and/or proposed structures, septic tanks, drainfieids, lotlines, road right-of-ways, easements, OHWLs, welis, wetiands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back).t i .t 4 Scale I -*T ..I.•i -I□Y"1 I a r 1i•-i-t ■4-7"!t .iI.i.4-f [!I■[...-J--i-i n:T I,[■:n.:tj..L 1 r YYr".....j.L.......1.i'j-......1-i-4 4-t1...I ■f iii1 TL.1.fI-.1 -irJ-!3 1 Ii:t ..4'■r 1'■“T II...1 ;.....1..L.■■1 1'f tI p~.L r—Ii ~ 1 rrjTi1I-i-j-r Yi1!TT!1 .1 III ..1„ I TI.i„■f __i.i - ?--p'Ji■4-f—h~1 ....!-f4 t i..!I i ...i....i.....T .,i„T'.14t 4IiJ,1t t J.._uY1::ui ..Hii--YJ I jI...I t I.II i".,i.TI I ,.ii'j .1..1...,.i...i..1. ......II-1-t" •“! 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PtjnIi..L.4'1 J.T r-"I""T t" K-- Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Aye W Fergus Falls, WIN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER TAILcoeifr-DiaiitoTe Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Kevin W. Flagel 50836 County Highway 9 Pelican Rapids, MN 56572 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 Tall County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 9, 2018 at 7:30 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 Part of Government Lot 1, Property Address - 50836 County Highway 9 - 56572 Section 11, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: Cabin to remain in existing location with existing footprint. Requesting to change flat roof to a pitched roof The cabin currently sits 0 feet from the property line on the north side. We are requesting a variance of 10 feet from the lot line to replace existing roof Foundation to be replaced lakeside in existing location. Shore impact zone impervious coverage is currently at 778 square feet. Proposing to decrease to 681 square feet and to change 342 square foot flat roof with 342 square foot pitched roof From 50 - 75 feet from the ordinary high-water level, there is 1,370 square feet of roof to change from a flat roof to a pitched roof Requesting a variance to be 39.3 feet from the ordinary high- water level to replace existing roof to a pitched roof Will not be any closer to the water .than existing roof Within the 10’ setback from the North lot line: - remove the flat roof over the garage and replace it with a pitched roof to match the main part of the house. The gable roof from the lakeside bedroom would terminate into the new garage roof - change the grade of the last section of driveway to rise to the garage (it now has grade toward the garage), -raise the slab of the garage 4”. Within the 75’ setback from the ordinary high-water level: -replace the roof over the 3-season porch and middle section of the house in order to eliminate the flat roof over the porch. The pitch on the west side of the peak would remain the same, while the east side would run from the peak to exterior wall eliminating the change in pitch, -raise to peak ~12” to allow for energy efficient scissor trusses. - repair/replace foundation walls under screen porch and lakeside bedroom. Wayne Stein Board of Adjustment Secretary July 19, 2018 OTTER TAIL COUNTY Fergus FaMs, 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 23rd, day of July, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Kevin W Flagel, 3338 Maplewood Ct, Fargo, ND 58104-6224 Pelican Lake Assoc., Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson RD, Deitroit Lakes, MN 56501 Sandy Tingelstad, Twp Clerk of Scambler, 20835 S Sand Lake RD, Pelican Rapids, Mn 56572 . 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: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 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, P.erham,:MN 56573 Douglas Larson, 2118 Woodland LN, Fergus Falls,MN 56537 Loren Bailey, 37621 S Eagle Lake'Trl, Battle Lake, MN'56515 .■i', 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: July 23, 2018 / Wayne Stein, Secretary Otter Tail County Board of Adjustment By: \£c, /'Tlrt ______ Vi Manderud r ' ANN RCERGAN TST 12 COUNTRY CLUB DR laguna vista, TX 78578-2922 BUSCHETTE FAM TST 6448 GREENE RD WOODRIDGE, IL 60517-5401 RICHARD CEDERBERG ET AL 15831 20TH STSE ARTHUR, ND 58006-9642 LARRY P & ANNA J DAHLSTROM 2536 UNIVERSITY DR S UNIT A FARGO, ND 58103-5709 JAMES E & ARIKA L ELLIOTT 50904 COUNTY HIGHWAY 9 PELICAN RAPIDS, MN 56572-7092 F B JENDRO LAND & ROYALTY TST 4901 DAFFODIL AVE UNIT 290 MCALLEN, TX 78501-6510 REVIN W FLAGEL . 3338 MAPLEWOOD CT FARGO, ND 58104-6224 FRANK J FROELICH TST ET AL 55 PRAIRIEWOOD DR S FARGO, ND 58103-4608 .. JESSEGONTAREK 2826 MORGAN ST N TAMPA, FL 33602-1516 DEBRA L HAYES 50948 COUNTY HIGHWAY 9 PELICAN RAPIDS, MN 56572-7092 WILLIAM & ALDIE KELSVEN 50958 COUNTY HIGHWAY 9 PELICAN RAPIDS, MN 56572-7092 JOSEPH LKIESELBACH 12I12 0AK VIEW WAY SAN DIEGO, CA 92128-5299 DAVID MARTINSON 2811 26TH STREET CIRS MOORHEAD, MN 56560-5353 BERT D MCDONOUGH 4503 RIVER HAVEN RD MOORHEAD, MN 56560-6700 BERT D & TERESA L MCDONOUGH 50733 COUNTY HIGHWAY 9 PELICAN RAPIDS, MN 56572-7078 DAVID T MONSON 17261 SAYLERS BEACH RD LAKE PARK, MN 56554-9615 AARON C MURRAY ET AL 1620 35TH STREET CIRS MOORHEAD, MN 56560-8130 MVM PROPERTIES LLC 3350 35TH AVE S FARGO, ND 58104-8835 GERALD C & DEBORA S OLAFSON 1043 50TH AVEW WEST FARGO, ND 58078-7213 PAUL & NANCY OLSON 2109 ROSE CREEK BLVDS FARGO, ND 58104-6882 PAUL S & DEBRA J OLSON 5020 PROSPERITY WAY S FARGO, ND 58104-7567 WALTER J & TONETTE E PALMER 11413 LANDING RD EDEN PRAIRIE, MN 55347-4951 BARBARA H PEPPERSACK ET AL 8743 MONTIQUE TER BROOKLYN PARK, MN 55443-3702 SANDRA RUNDLE STACK 50713 COUNTY HIGHWAY 9 PELICAN RAPIDS, MN 56572-7078 SHANESYVERSON 17506 HIGHWAY 32 N ULEN, MN 56585-9219