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HomeMy WebLinkAbout55000990623000_Variances_05-18-20171191938 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 06/14/2017 10:38 AMreceived MA/ 1 8 2017 lands RESOURCE :cn = cocn CXD FEE; 4e.OO PAGES 2 WELL CERTIFICATE RECD; N o CD jX 'O aD Au.SCtlMEDL&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 Application Fee ,^00 • ^ O Receipt Number i/Oluay Accepted By / Date l3 ■ 5j a 'Da: i JtkiCAn/ ~R fiPiOs ma/ Si.^12, Xl-^3! COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS ~7?T>LAKE NUMBER LAKE NAME LAKE CLASS 13 77-3 7£1SECTION TOWNSHIP RANGE TOWNSHIP NAME 53^000 99 00^3 Ooo oo0 99 0OOPPARCEL NUMBER E-911 ADDRESS J^cmarac DtnV^. LEGAL DESCRIPTION Ic-I- T i&l Y / Olson'3 Oal €>ubd ■ Jt Qleii fJoi h be SfilH- TYPE OF VARIANCE REQUESTED (Please Check) XStructure 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. 1.) Currently, Lot #9 of Olson's Oak Haven Subdivision is permanently attached to Lot 8, 9, & 10 of Oak Haven Beach Subd. Proposing to split Lot 9 of Olson's Oak Haven Subdivision in to 3 parcels (Lots 9,10 & 11 on attached map) & permanently attach toRiparian lots. 4- | KJcn-Yipf^YiurT a.) Proposed Lot 9 of Olson's Oak Haven Subd to be permanently attached to Lot 10 6\V-1 c Parcel Lvt-. 55000990827000' b. ) Proposed Lot 10 of Olson's Oak Haven Subd. to be permantently attached to Lot 8 & West 50' of Lot 9 (proposed) of Oak Haven Beach Subd. c. ) Proposed Lot 11 of Olson's Oak Haven Subd to be permanently attached to Lot 10 & East 50' of Lot 9 (proposed) of : Oak Haven Beach Subd^ 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. I ^ //B/f'7r&yyL ci oc'X^ ' DATES'lfeNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Victor Lundeer) Co , Printers • Fergus Falls, Minnesota ? ^/7 TimeDate Of Hearing jlKp(\o Motion James and Janice Venaas - Variance application approved as requested. (7:25 p.m.) After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and carried with Steve Schierer voting no, to approve the variance as requested in the variance application dated May 18, 2017 and as depicted on the drawing submitted with the variance application. The variances as approved do not directly or indirectly grant any other variances for the proposed subdivision or for any current or future development. Chairman/Otter Tail County Board of Adjustment ■ 0 Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) ^ No kfM busho lei 1^1 n '-'LR Official/Date ' ' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 At the present time, lakefront lots 8,9, &10 of parcel #623, Oak Haven Beach Subdivision and backlot # 9 of -Block 1, parcel #826 of Olson's Oakhaven Subdivision are all merged and listed as "Not to be Split." These lots were all merged together years ago to allow me to obtain permits to construct storage buildings on the lakefront lots #8 8i #9 and to comply with the "Impervious Surface" ratio requirements. Since that time, permits have been obtained and all of the storage buildings, concrete and asphalt have been removed from these two lakefront lots. The former building sites have been leveled and seeded making for a very nice,_clean lakefront area. Current requirements state that Glass RD water frontage and lot width for a single family residence must be on a lot of 150'width and contain at least 40;000 sq ft. I propose to divide the 100' wide lakefront lot #9 of Oak Haven Beach Subdivision into two 50' wide lots and permanently attach the proposed West 50', wide portion to vacant lakefront lot #8 and the proposed East 50' wide portion to lakefront lot #10 of Oak Haven Beach Subdivision. The foregoing procedures would.then create vacant lakefront lot #8 and lakefront lot #10 of each having 150' lake frontage to comply vyith the "Minimum Lot Area Water Frontage & Lot Width Requirements" for Class RD ^ lakes. I further propose to detach proposed backlot #9 of Olson's Oak Haven Subdivision from the group of lots which are presently listed as "Not to be Split" and to permanently attach this back|ot to proposed backlot #12 (currently lot #10), both in Olson's Oak Haven Subdivision. i propose to detach vacant proposed backlot #10 of Olson 's Oak Haven Subdivision from the group of lots presently listed as "Notto be Split" and permanently attach to vacant lakefront lot #8 and the proposed West 50'of lakefront lot#9. Oak Haven Beach Subdivision. I propose to detach vacant proposed back lot #11 of Olson's Oak Haven Subdivision from the group of ipts " presently listed as "Not to be Spiit" and permanentiy attach to lakefront lot #10 and the proposed EastSO'fof lakefront lot #9, Oak Haven Beach; Subdivision. If each of these proposals are approved, it wili create the foliowing; Lakefront lot #8 and proposed West 50' of lake front lot #9, Oak Haven Beach Subdivision and proposed backlot #10 of Olson's Oak Haven Subdivision (Not to be Split)Approx. 44,277 SF Lakefront lot #10 and proposed East 50' of lake front lot #9, Oak Haven Beach Subdivision and proposed backlot #11 of Olson's Oak Haven Subdivision (Not to be Split)Approx. 42 ,948 SF These proposals, if approved, would create two lakefront lots of 150' each and each having over 40,000 square feet, thereby meeting the minimum lake front and lot area requirements as stated in the April 8,2016 Shofeland Management Ordinance. Bayvicw Shores Association - Tabled. (7:17 p.m.) Bayview Shores Association, Lots 1 through 5 Anderson Beach and part of Government Lot 4, Section 11 of Scambler Township by Pelican Lake, requested the following: 1 am applying for a variance to the Otter Tail County Sanitation Code regarding tank sizing and frost protection requirements due to the seasonal nature of the property, the difficulties working in the high water table present at the site, and lack of availability of low profile septic tanks that would meet code requirements. If you review the diagram on file with the County Auditor's office, you will see the specific tank sizing requests. Variance of 321 gallons for septic tanks, from required gallons of 3521 to 3200 gallons, variance of 175 gallons for septic tanks, from required gallons of 3375 gallons to 3200 gallons, variance of 1475 gallons in lift tank from 3075 gallons to 1600 gallons, dual alternating pumps and controller still required and variance from 7080 code not requiring insulated tanks and lines or 9 foot buiy lines and tanks due to seasonal nature and water table difficulties. Also, requesting a variance from Shoreland Management Ordinance that a conditional use peimit or site permit is not required to change an existing mobile home to an RCU as long as the RCLI is placed inside the same footprint as the mobile home occupied. The audience was polled with no one speaking for or against the variance as requested. Wayne Johnson, System Designer and Installer represented the applicant at the public hearing. Wayne Johnson noted that the following sentence in the original requested; Also, requesting a variance from Shoreland Management Ordinance that a conditional use permit or site permit is not required to change an existing mobile home to an RCU as long as the RCU is placed inside the same footprint as the mobile home occupied. should read as follows: Also, requesting a variance from Shoreland Management Ordinance that a conditional use permit is not required to change an existing mobile home to an RCU as long as the RCU is placed inside the same footprint as the mobile home occupied. Mr. Johnson also submitted a new drawing that indicated a change in one of the request fi om “3200 gallon tank, variance of 325 gallon tank sizing” to “3200 gallon tank, variance of 500 gallon tank sizing”. The Board discussed if this change could be acted upon without giving notice. It was decided that the adjacent property owners should be notified of this change prior to final action being taken. The board members were supportive of the proposed plan. They noted the seasonal use of the property, the difficulty of the site and the need for maintenance to the existing system. The Board also noted that the proposed system has been designed by a trained and professional designer and it is the best available plan design for the proposed project. After discussion and consideration, Paul Larson made a motion, with the verbal permission of Wayne Johnson the applicant’s representative, to table their request until the July 13, 2017 meeting of the Board of Adjustment so that the neighboring properties can be notified of the change discussed above, which requires a greater variance than the original request. The motion was econded by Thomas Lee and unanimously canned. Janies and Janice Venaas - Variance application approved as requested. (7:25 p.ni.) James and Janice Venaas, Lots 8, 9 and 10 Oak Haven Beach and Lot 9 Block 1 Olson’s Oak Haven Subdivision, Tamarac Lake in Scambler Township, requested the following: Currently Lot 9 of Olson’s Oak Haven Subdivision is permanently attached to Lots 8, 9 and 10 of Oak Haven Beach Subdivision. Proposing to split Lot 9 of Olson’s Oak Haven Subdivision into 3 parcels (identified as Lots 9, 10 and 11 on the drawing on file with the County Auditor’s office) and permanently attach to 2 riparian lots and 1 non-riparian lot. Proposed Lot 9 of Olson's Oak Haven Subdivision to be permanently attached to Lot 10 Block 1 of Olson’s Oak Haven Subdivision. Parcel 55000990827000. Proposed Lot 10 of Olson’s Oak Haven Subdivision to be permanently attached to Lot 8 and west 50’ of Lot 9 (proposed) of Oak Haven Beach Subdivision. Proposed Lot 11 of Olson’s Oak Haven Subdivision to be permanently attached to Lot 10 and east 50’ of Lot 9 (proposed) of Oak Haven Beach Subdivision. 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 Paul Larson and carried with Steve Schierer voting no, to approve the variance as requested in the variance application dated May 18, 2017 and as depicted on the drawing submitted with the variance application. The variances as approved do not directly or indirectly grant any other variances for the proposed subdivision or for any current or future development. June 8, 2017Page I 3 Notice of Hearing for Variance Otter Tail County Government Services Center slOFirAveW ^ Fergus Falls, WIN 56537 Phone - (218) 998-8030/998-8041 Email-wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usorrcRTAii Applicant and/or applicant’s.representative must be present at the scheduled hearing. To Whom It May Concern: James and Janice Venaas 48835 Tamarac Drive 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 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, June 8, 2017 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 accomrhodations should contact the County Auditor’s office' prior to the date of the public hearing. The property concerned in the application's legally described as Lots,8, 9 and 10 Oak Haven Beach and Lot 9 Block 1 Olson’s Oak Haven Subdivision, Property Address - 48835 Tamarac Drive - 56572 Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD \ The variance requested is the following: Currently Lot 9 of Olson’s Oak Haven Subdivision is permanehtly attached to Lots 8, 9 and 10 of Oak. Haven Beach Subdivision. Proposing to split Lot 9 of Olson’s Oak Haven Subdivision into 3 parcels (identified as Lots 9, 10 and 11 on the drawing on file with the County Auditor’s office) and permanently attach to 2 riparian lots and 1 non­ riparian lot. Proposed Lot9 of Olson’s Oak Haven Subdivision to be permanently attached to Lot 10 Block 1 of Olson’s Oak Haven Subdivision. Parcel 55000990827000. Proposed Lot 10 of Olson’s Oak Haven Subdivision to be permanently attached to Lot 8 and west 50’ of Lot 9 (proposed) of Oak Haven Beach Subdivision. Proposed Lot 11 of Olson’s Oak Haven Subdivision to be permanently,attached to Lot 10 and east 50’ of Lot 9 (proposed) of Oak Haven Beach Subdivision. 'Wayne Stein Board of Adjustment Secretary Wlay18, 2017 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 22nd, day of May, 2017 the attached Notice of Hearing for Variance was duiy served upon the individuals listed below and/or included in the attachment: James and Janice Venaas, 48835 Tamarac Dr, Pelican Rapids, MN 56572 James and Janice M Venaas, 464 S Rosemont, Mesa, AZ 85206 2141 Lou Ann Zurn, Appt., Twp Clerk of Scambler, 47351 173'^'^ Ave, Pelican Rapids, MN 56572 Tamarac Lake Assoc., David Nudeli, 20066 Tamarac 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 Fails, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1^' Ave N, Fergus Fails, 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 Newviile, 614 6'" St NE, Perham, MN 56573 Brent Frazier, PO Box 255, Pelican Rapids, MN 56572 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Maii at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: May 22nd, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ..: CHAD D & KRISTEN L CARLBLOM 1825 ASPEN DR DETROIT LAKES, MN 56501 4740 JEFF’& JULIE BUCHHOLZ 12724 48TH ST SE FINGAL,'ND 580319700 DENNIS E & CORLYS A CARLBLOM 48905 TAMARAC DR PELICAN RAPIDS, MN 56572 7019 , - KENNYHENNING 19839 TAMARAC RD PELICAN RAPIDS, MN 56572 7020 STEVEN & REBECCA FREIJE 5i00 MCMAHON ESTATES CIR' WEST FARGO, ND 58078 8240 INGERM CLEMENT5 1122 WASHINGTON AVE DETROIT LAKES, MN 56501 3411 NICOLE LJUSTE5EN & T ARCHER 1618 16TH AVE E WEST FARGO, ND 58078 3439 IVERSON TST 426 44THAVES MOORHEAD, MN 56560 6737 STEPHEN & CHERYL HOFFMAN 21715THAVEN FARGO, ND 58102 2747 RICHARD & PEGGY MAIER 2111 llOTH 5T ■ BARNESVILLE, MN 56514 9048 CHARLES H & CYNTHIA J KOENIG 2302 34TH AVE S FARGO, ND 58104 6581 MITCHELL L & SUSAN M MONSON 19984 TAMARAC RD PELICAN RAPIDS, MN; 56572 7020 WESLEY J PARE 46464 LAKE LIZZIE RD E PELICAN RAPIDS, MN 56572 7100 ROBIN D & PATRICIA OL50N 2629 MEADOW CREEK CIR S FARGO, ND 58104 7112 ANN MARIE MULLANEY 132112TH ST N FARGO, ND 58102 2515 TIMOTHY R & MARCIA B SIEGLE 207 SPRUCE LN CAVALIER, ND 58220 4427 ANTHONY R & COURTNEY PETERSON . 19981 TAMARAC RD PELICAN RAPIDS, MN 56572 7020 MARK R & LARA N SORGAARD 825 21ST AVE S FARGO, ND 58103 5323 TERRY L & JUDITH L.TRADER 2909 WHEATLAND DR S FARGO, ND 58103 6266 JAMES E & JANICE M VENAAS 464 S ROSEMONT MESA, AZ 85206 2141 DUANE & JANET THORSTENSON 19949 TAMARAC RD . PELICAN RAPIDS, MN ,56572 7020 , BRIAN K WENINGER & S SPONSLER . 20004 TAMARAC RD PELICAN RAPID5, MN 56572 7021 * A t Vv w 4 1 .V • r'' ; SCALE DRAWING FORM•J \H />■ r}o9?Cj g. tiao Tax Parcel Number(s) 7>. .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 V ■ ^Impervious Surface Calculation (see back).f, •% i :4 9 i ■ ' ; *>*f K QO ioiO I I * » .O H C ‘ ■»? • A I * f - A •A i'.150.00' ./150.00 ‘.r »•. ) , - ‘-'I •• • ' r .1 ••f ;• M ^ ■ <;I 4 t •A ■ ^ I I ■ V I i/8«? 00rH I' : i * t • *»5* ■’ i ••• S63'32’0r^, .•» ? . 150.05 i t - -St » • <•*:■ I : J L-g SM/jry r- > >■/ ft.-4 Signature of Property Owner Date BK —042016 360,800 • Victof Lijndeen Co. Primers • Fergus Falls. MN • 1-800-346-4870 t .*••4 >• 1 s V I ■5/V/f 'l'« •« *V \ *r-^ •>) «A 4 4 1 Vi I I's %I i 1 O'II I I liI I I Dn>ppS^J ItYiperiAUiS SiAirfiiiey Cid^judoJid/i S'L' Loh 10 ^^ of Lot Area (ft^): '3\i^00 . I •of IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 1 !;i Buildings Other Impervious Surface IExistingProposedExisting 1-4.2 Proposed pe pe pt^pt y/Deck(s)/tg4^^^d Patio(s)_________ Dwelling Attached Garage i1'^Detached Garage Sidewalk(s) storage Shed Landing(s) WOAS /Driveway(s) 1RCUParking Area(s)yIMiscellaneousRetaining Wall(s) ^ P G UiS X.Landscaping (Plastic Barrier) I%jJx7 Miscellaneous 1 3 IZ9l^-33 oh,TOTAL BUILDINGS TOTAL OTHER I I Buildings Impervious Surface Percentage Maximum Allowable 20% IExistingProposedTotal Lot Area Impervious Surface Ratio |iPt^Pt^Pt^ Pt^Total Buildings iiIi^,9/2-/3%.of/sZ, 9/2-319 oo 1100+■r =:X =:i i tiBuildings + Other Impervious Surface Percentage Maximum Allowable 25% HiiiTotal Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio IPt^ Pt^Pt^Pt^ I 3!Raih\t f?. %Jim.3h loo I100+-r==X IImpervious Surface Calculation Worksheet 04-11-2016 II Signature:Date I7T il S t: V \ I! t !t H i T U)k> lO'Hl (jiAYreyiH^0 e an'cjLKJ tohsj)ropoS<?fl Non'lS\p Sfj -Pi- *10= 10,3^ ^ ff.t; o <?r* W ^ \l,31-7 %-fl- m&dsmKr N>> -i. SRV-17-0116 JIM VENAAS TrustCompassxom SRV-17-0118 JIHVENAAS IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite {Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): 6U/!Pfl-cgrDriveway(s): Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wail(s); Ft2Landscaping: (Plastic Barrier) Other:Ft2 + M 200 - vrliBTOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: = ,v7 7 X100 =% IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE n,£s&I ^ - ^Q? I I I I I I 1 iiI I -i-f'r_LI_ LJ A SeiAliE+DBAWINGI F0RM 1 i-h-hH h+-t-.I-.t goo ^ ^ Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. I3,3H %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) "lli' 'c H 1III tt1-it i -f-4- 1i1"!t j. 4-••f— _1..[■ I □"ii I. I "1r Ii ..I.I.1..r..I L f I7....L 4.i i.-•f"I[..i.TI]... t..[IT i r■ I TI ■fi t n: !J„.1.1i-tI-4 It 'i"*' !..f M i -■■■t ■L. ,... j -(;!j t:[----4I--I 1 I 4T.7 1 .4:P I-tI - -1 f- T!t r "(■ m I j,.L mS' 329,086- Co, Primers.-•-Fergi -i:-4 7^,^— t444-X-i Signature of Property Owner) >07 |^..f^igijs jall^ 1|SOO-3^jr8jO--BK I