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HomeMy WebLinkAbout55000990468000_Variances_10-07-2010-1-20104 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #_ was filed/recorded in this office for record on the_t2^day of f 9nin at_9Ll Wendy^L. Metcalf, well certificate. 1082161 1082161 (a^pm ntyiRecprde 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 \ Application Fee 10\ Ot'V] COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date T>aUl Ttfaptyfcj \JlO 2.1^^ A»fc 4 tXp DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS '^e\\CZ4/\ LAKE CLASSLAKE NAMELAKE NUMBER TOWNSHIP NAME Wj-jS^('2.1^7 rangeSECTIONTOWNSHIP E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION lo‘ 4 lo\ 4c- TYPE OF VARIANCE REQUESTED (Please Check) Cluster Misc.Sewage System SubdivisionStructure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION., , Will b£WiH* Url- M »n4t> ovu Wl-V^ tS-JlA’?'-’X ; ffi; «tw., . U-t? I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. / DATE'' /O SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) I f7 /^/r)rDate Of Hearing /o/ j^ / f o Time Motion HA Dahl Family LLP - Denied. (7:12 p.m.) After consideration and discussion, Michael.Harris made a motion, second by Paul Larson and carried with Thomas Lee voting no, to deny the variance application as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and the applicants have the ability to comply with the requirements (specifically setback and impervious surface coverage) of the ordinance and still obtain a reasonable use of their property. It was also noted that there are two existing dwelling on the property and currently impervious surface coverage significantly exceeds the allowable amount of 25%. Chairman/Otter Tail County Board oKAdjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota OPTION A (PROPObW)OPTION B rALLOHABLE) LOT IMPERVIOUS AREA LOT AREA IMPERVIOUS SURFACE RATIO LOT IMPERVIOUS AREA LOT AREA IMPERVIOUS SURFACE RATIOLOT 44/45 ^COMBINED/5412 SF 21615 SF LOT 44 LOT 45 2430 SF 4466 SF 213%4525 SF 11740 SF 24.7^ 42.0% LOT 44/45 (combined;7366 SF 21615 SF 34.1% LOTS 44 t 45 WOULD BE COMBII€D INTO A 5IN6LE LOT IN OPTION APELIOAN 1 AKF -----------------LAKE »: 56-186 PELICAN LAKE LAKE «: 56-1861 L0T5 44 I 45 WOULD REMAIN AS SEPARATE LOTS IN OPTION P;- Lory*n • ■^TAIRKAr B ^Br>TA!RKAr B"I 14d&fSTAIRHAY STAIRWAY*5 ■530sf '7^•?3C?5f p'*p*R isi iLOT 45 I to* OF 46LOT 44 LOT 45 I to OF 46LOT 44'M i i11 sic:ADDITION i ibIII Ia sI£o STAIRWAY STAIRWAY I j4Tsr I PATIO 4605f PATIOPROPOSED4605! _WELL 5 hEU IPATIO. 15-0hCIOHBCR ^€ia«OR CABINr -I CABINPROPOSED ri j STRUCTURE EXtSHNO EXISTING STRICTURE M52sF B24^r ■'ti:STraJCTUF^»ICIOHBOR CABIN I62srI 9ODECK PECKI4IOsf4IOsf jTAn STAI1piPATIOKsfPATIO MU I4sfIKM9foPROPOSED STRUCTWRE 240051 \n 419 SLOT AREA INFO:i iib 2s IsAib 3LOT 45 = 11,140 SF LOT 44 =4825 SF C? <H 311 DRIVE U Wi 410sf //iiPROPERTY INFO:iPAPORFSS. 20443 SUMMER HAVEN ROAD 1 20424 SUMNCR HANEN ROAD fiLUi\T> UtOf. I'7 I®LE6ENP 0 bif1txisriNs SmiCTlIRE ' 1455fI______ <nEXISTINS STRUCTW^S ■■ ^ SEXISTING IMPERVIOUS DRIVE III PROPO^D STRUCTURE/ IMPERVIOUS SUMNCRHAVEM ROAD SIH^RHAVEN road V NORTH J SITE PLAN - OPTION A (PROPOSED) scale: 1/16" = r-O" SITE PJAN^ OPTION B (ALLOWABLE) scale: 1/16" = 1“-6" r.O' 4' »' 16'32 O' 4' 8' 16'32 PELICAN LAKE LAKE *, 56-166 I =1 1rISTAIRHAr=!48sf=1ISTAIRWAY “Si■Si LOT AREA INFO:I30sfl_OT 45 I IQ' OF 46 R II,TO 5F PARCH. «ssoooqqoteqooo R3LOT 44 3 LOT 45 =11,W 5F LOT 44 =4625 5F 4625 SF PARCEL*I^ ^ . TOTAL =21615 5F55000440466000$§ 9 IZi 9 1$< <IS 5OaaIsoI ISTAIRWAYI 50'^’ —■ -o PATIO ■46^f:._ 4:PROPOSED PATIO I IIkCi. 66sf / I I NEI6HB0R CABIN r : proposed; istructure; : 8245f ; ISTRUCflKE III52SFNEleiBOR CABIN PROPOSED DECK I32sf1 PROPERTY INFO:DECK 4IOsf ADPRE55: 20443 SUMMER HAVEN-ROAD ^ 20424 SUMMER HAVEN TROAD STAIR' F I?PATIO I 266sF MsFiis6 riop!I1:a LEOENPI L §1 I O EXI5TIN6 5TUR0TURE5 SAND r-n a I I I I ■I___I I rroIIoSEXIST SEFTIC^^ TANK (To BE 'Removed; 2 !/ PRIVE- f / 470sf . : ■ ' EXISTING . IMPERVIOUS|1 II—I <I I 1^I I PROPOSED STRUCTURE/ IMPERVIOUS DECK IEXIST. L—I SB^CTAMC (To BE-REMOVH?; If ! STRUCTURE T45sf ^1 2 Iin•ROADRieHT-OF-WAY 1___ .^TBACK_______in20'-O'J NOTE:Iz PARCELS TO BE COMBIFED INTO OFC LOT WITH CONSTRUCTION OF ADDITION <I!TN. 24sf tXDRIVE 204sFI JL._LOTLINE TIo''-o^o SUMF«HAV0( ROAD SCALE DRAWING FOR VARIANCE APPLICATIOj^ ■ SITE PLAN1 A y scale: 1" = 30'-0" O' 5' 10' 20' 30' 64.1?-10 Siefi^TW^OF agentIfor owner/ PREPARER OF DRAWING DATE October 7, 2010 Page U 2 Edward Caputa and Mary Door - Variance application approved as requested. (6:41 p.m.) Edward Caputa and Mary Door, Lots 6, 7, 8 and 9 Block 1 Pearson’s Fernwood, Dead Lake in Dead Lake Township, requested a variance of 15’ from the required ordinary high water level setback of 200' for the placement of an. addition 185’ from the ordinary high water level. Nate Tobkin, Contractor appeared withthe applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Michael Harris and unanimously carried, to approve a variance of 15’ from the required ordinary high water level setback of 200’ for the placement of an addition 185’ from the ordinary high water level as depicted on the drawing submitted with the application. It was noted that the proposed addition will be no closer to the ordinary high water level than the existing structure. Barbara Boock Et. Al. - Variance application approved as requested. (6:45 p.m.) Barbara Boock Et. Al., Southeast Quarter of the Southwest Quarter and Government Lot 4, Section 18 of Folden Township by an unnamed lake, requested the following: We are unable to mitigate .04 acres of wetland impact on­ site or in the same minor watershed. We respectfully request a variance to purchase wetland credits from the Otter Tail County Highway Department Wetland Bank. The County Board approved a conditional use application on June 15, 2010 to build a driveway on the property. Chad Felstual, Attorney represented Harvey and Ernest Sandahl who were also in attendance. Also representing the application at the hearing were Ron and Barbara Boock. The audience was polled with no one speaking for or against the variance as requested. After considerable discussion and consideration, Randall Mann made a motion, second by Steve Schierer and carried with Michael Harris and Paul Larson voting no to approve the purchase of wetland credits (.04 of an acre) from the Otter Tail County Highway Department Wetland Bank as requested in the variance application dated September 14, 2010. It should be noted that the Board of Adjustment is taking no position on the location/placement of the road. The applicants will need to comply with any and all other requirements before proceeding with the project as this variance approval only authorizes the purchase of wetland credits from the Otter Tail County Highway Department Wetland Bank. lA Dahl Family LLP - Denied. (7:12 p.m.) HA Dahl Family LLLP, Lots 44, 45 and part of 46, Summer Haven Beach, Pelican Lake in Scambler Township, requested the following: Proposed addition to existing dwelling located on Lot 45 and 10’ of Lot 46. Lot 45 and 10’ of Lot 46 will be combined with Lot 44 into one ownership with construction of addition. Maximum impervious surface ratio allowed is 25%. We are proposing a 27.3% impervious surface ratio and are seeking a variance of 2.3%. Required setback from ordinary high water level is 75’; the building line allows a 59’ setback. We are requesting a 56’ setback being 3’ beyond the building line. Dave Uhlir, Architect represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, second by Paul Larson and carried with Thomas Lee voting no, to deny the variance application as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and the applicants have the ability to comply with the requirements (specifically setback and impervious surface coverage) of the ordinance and still obtain a reasonable use of their property. It was also noted that there are two existing dwelling on the property and currently impervious surface coverage significantly exceeds the allowable amount of 25%. Mark Matual - Request “A” approved and requests “B” and “C” denied. (7:31 p.m.) Mark Matual, Lot 2A Block 1 and Lot 2B Block 2, Larsen’s Minasha-Da Subdivision, Dead Lake in Dead Lake Township, requested the following: A.) Requesting a variance of 60’ from ordinary high water level setback of 200’ to enclose an existing12’ by 28’ porch 140’ from ordinary high water level. Enclosure of 12’ by 4’ will be added to existing variance granted in 1997 of 12’ by 24’. Giving a total porch enclosure or 12’ by 28’. B.) Requesting a variance of 60’ from ordinary high water level setback of 200’ to place a RV/camper/trailer house no closer than 140’ from ordinary high water level and no closer than 10’ from existing non-dwelling. C.) Requesting a variance of 180' from ordinary high water level setback of 200’ to place a non-dwelling of 8’ by 8’ by 8’ no closer than 20’ from the ordinary high water level and 10’ from property line to be used as storage shed. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 60’ from ordinary high water level setback of 200’ to enclose an existing 12’ by 28’ porch 140’ from ordinary high water level as described in Part A of the variance application dated September 6, 2010 and to deny the variances as described in Parts B and C of the variance application dated Septembers, 2010 as no adequate hardship/practical difficulty had been shown that would allow for the granting of those variance as requested and noting that the applicant has adequate room for the proposed development stated in Parts B and C to comply with the requirements of the ordinance. IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Structure(s): Deck(s): mi Ft2 Mi R2 1W_R2Driveway(s): FFPatio(s): \^l Ft2Sidewalk(s): ^15 FFStairway(s): U>o FFRetaining Wall(s): 0 Ft2Landscaping: (Plastic Barrier) Other:0 Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: .%X 100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE 4 f^aocf(\o^u>toooTax rarcel 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, drainfieids, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features.(i.e.;^biuffs), and onsite impervious surface calculations. %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) I..L t.1..f-1.j "t ......L k .t.in I _ I I \4m -9 jumI -f I..1..... t,i..... ..L.rI ::: rI SignatureofProperty Owner Ti:I ....I m,,.Lilndeen Co Pr niers- »-Ferg tsl alls.-NW^| Ii. 96...BK.^0909 ^8,5 • -Veto -1-800-346-1870III I ii Notice of Hearing for Variance Otter Taii County Government Services Center 510FirAveW Fergus Faiis, MN 56537 (218) 998-8030/998-8041 Emaii - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Appiicant and/or applicant’s representative must be present at the scheduied hearing. ' To Whom It May Concern: HA Dahl Family LLLP Dahl Lake Property LLC 2308 27'"AveS Fargo, ND 58103 has 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/br the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 7, 2010 at 6:30 p.m.j in the Commissioners’ Room of the Otter Tail County Governrpeht Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Seryices 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 44, 45 and part of Lot 46 Summer Haven Beach, Property Address - 20929 and 20943 Summer Haven Road Section 12, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican; Class - GD The variance requested is - the following: Proposed addition to existing dwelling located on Lot45 and 10’ of Lot 46. Lot 45 and 10’ of Lot 46 will be combined with Lot 44 into one ownership with construction of addition. Maximum impervious surface ratio allowed is 25%. We are proposing a 27.3% impervious surface ratio and are seeking a variance of 2.3%. Required setback from ordinary high water level is 75’; the building line allows a 59’Wback; We are’requesting a 56' setback being 3’ beyond the building line. Wc^ne Stein Board of Adjustment Secretary Date: September 17, 2010 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 17'^, day of September 20lb ihe :attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: HA Dahl Family LLLP - Dahl Lake Property LLC 2308 27'^ Ave S., Fargo ND 58103 Aldie Kelsven - Scambler Township Clerk F*0 Box 430, Pelican Rapids, MN 56572 Pelican Group Lake Imp. District - do Fred Manuel 26271 Otoson Rd, Detroit Lakes, Mn 56501 Otter Tail County Cola, C/0 John Matteson - 23674 VV Silver Lake Rd, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer - 505 S. Court St., Suite #1, Fergus Falls, MN 56537 Department of Natural Resources - 1509 1“' Ave N., Fergus Falls, MN 56537 DNR Regional Administrator-2115 Birchmont Beach Road NE, Bemidji, MN 56601 , Board of Adjustment: Michael Harris - 35387 Northern Lights Trl, .Richville, MN 56576-9672 Paul R. Larson - 21283 County Highway 65, Henning, MN 56551-9573 Thomas (Tom) Lee - 15600 County Highway 118, Elizabeth, MN 56533-9559 Randall Mann -532 N Ann St., Fergus Falls,,MN 56537 Richard S. Schierer - 32117 260’^ Ave, Erhard, MN 56534 Ken Erickson - 51350 bounty Highway 31, Detroit Lakes, MN 56501 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: September 17, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud :(• ; ESTHER MAE AM.STRUP 800 16TH AVE SE APT C107 MINOT ND 58701 6775 HARRY W-& LINDA R BOSCH 1405;GATEWAY CIR E FARGO ND 58103,3617 BRUCE BRIERELY TRUSTEE 2512 S PENNINGTON MESA AZ 85202 7451 NICHOLAS L & DEBRA C DECKER 16502 JEFFERSON RD S; HUTCHINSON MN 55350 7008 MARJORIE DOPPER ETAL 710 RESERVE AVE N THIEF RIVER FALLS MN 56701 2142 DAHL LAKE PROPERTY LLC 2308 27TH AVE S ; FARGO ND 58103 5449 JOHN GORTON 205 4TH.ST SE PO BOX 490 PELICAN RAPIDS MN 56572 0490 SHARON A GORTON 405 MILL E PO BOX 377 PELICAN RAPIDS MN 56572 0377 CHARLES & VIRGINIA FOSBERG 3865 MELINDA DR E PHOENIX AZ 85050 8351 ■ CAROL HANSEN 1117'i9THSTN , MOORHEAD; MN 56560 1834 H A DAHL FAMILY LLLP C/0 HOWARD DAHL 2308 27TH AVE S : FARGO ND 58103 5449 DALE F & GREGORY G HUDSON 3226 1STSTN FARGO ND 58102 1103 ALBERT E III & DANITA LERBERG 89 WOODCREST DR S FARGO.ND 58102 2142 ALVIN E & JEAN M LUND 923 6TH AVE S MOORHEAD MN 56560 3507 JP WOLD LLP 1752 8TH STS FARGO ND 58103 4901 JAMES M SANDEN ET AL 2806 27TH ST SW FARGO ND 58103 5033 WILLIAM SHOLL ET ALMARGARET R REED & E R HERBST 2950 NW1ST DR POMPONO BEACH FL 33064 3809 PO BOX 2220 FARGO ND 58108 2220 SKARPHOL;RIVE 8405 LOWER 208 STW LAKEVILLE MN ,55044 9199 TO THE PUBLICFAYE F & ALVIN E SIEGLE 221 2ND AVE SE PELICAN RAPIDS MN 56572 4213 MARY WOLF ET AL 21005 BROADWATER DR PELICAN RAPIDS MN 56572 7068 \ ^L(