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HomeMy WebLinkAbout55000990632000_Variances_11-03-20111100004 t DOC# 1100004Date Stamp 1100004 Fee; $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTARECEIVED OCT 1 2 2011 land & RESOURCE Certified, Filed, and/or Recorded; November 07, 2011 2;00 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By; LL 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 ^ AooApplication Fee Receipt Number \A.Q ______ Accepted By / Date | \0 11 COMPLETE THIS APPLICATION IN BLACK INK fDAYTIM^HONE '\c\ i\ Jl PROPERTY OWNER MAILING ADDRESS TcK tx t. i cX C_ /xtv K€-5'^ 931 LAKE CLASSLAKE NAMELAKE NUMBER V3^3 131 TOWNSHIP NAMERANGETOWNSHIP CXXJ -0<a 3^-000 ‘ S^'-OOO' *Y9 - _________ erSECTION aE-911 ADDRESS PARCEL NUMBER ^OOOH ~J~3 LEGAL DESCRIPTION AStL-LqI t> &IK I O^K Uo'f-S' (1>UI -L Pf q ^3l/(2 //75» HG B L/J Lot ^. aJ W 106', 5 rw iiS'y S is' B 3 iT ^ To B . Moi- ^ 5//. V TYPE OF VARIANCE REQUESTED (Please Check) v/WECSCluster Misc.Structure Size SubdivisionSewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ ro Po CL. X fco ^ 5 OFluik <x.sQ. +o 5^3' b«xcK -C HI' -T u>UcL u>'3l he ^cP 5Cr |3otc1v> -1-0 )vo ^ seoo.'A 5•/o^y <^-fckK CK^houe. (OHUVL. c\_ L/<SLr f"/ a. -C-ro (w a-CJ A c.e.^o OMlVl. 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. /3./^- /^- no SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lundeen Co.. Printers * Fergus Falls. Minr>esota *7.’<^<2 /?/n.TimeDate Of Hearing Motion Brian Wenninger and Sheri Sponsler - Approved the second story addition to the dwelling with a condition and denied the requested second story deck addition. (7:32 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 38’ from the required ordinary high water level setback of 100’ for the placement of a second story addition to an existing dwelling 62’ from the ordinary high water level with the condition that the existing foundation/structure must be adequate to support the proposed second story addition and to deny the variance as requested for the proposed second story deck/screen porch (no deck or screen porch towards the lake). It should be noted that there can be no second story deck/screen porch and the first story deck cannot be screened (lakeside). lairman/OtWr TaiTCounty B^d of Adjustment 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 072011-001 November 3, 2011 Page # 2 Spencer and Cheryl Bernier - Approved, the variaince as requested from the ordinary high water level, modified the variance as requested from the road right-of-way and denied the variance as requested from the side lot line. (6:55 p.m.) Spencer and Cheryl Bernier, Lots 6 and 7 Abie's Acres First Addition, Star Lake in Dora Township, requested a variance of 5’ from the required side lot line setback of'1 O’, awariance of 40’ 6” from the required ordinary high water level setback of 75’ and a variance of 2’ from the required road’-right-of-way setback of 20’ for the replacement of an existing 26’ by 65’ dwelling and garage with a 26’ by 75’ dwelling and garage 5’ from the side lot line, 34’ 6’ from the ordinary high water level and 18’ from the road right-of-way:-Randy Barta, the applicant’s contractor, appeared with the applicant at the public hearing. The audience was polled'with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer- made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 40’ 6” from the required ordinary high water level setback of 75’ and a variance of 3’ from the required road right-of-way setback of 20’ for the replacement of an existing 26’ by 65’ dwelling and garage with a 26’ by 75’ single story dwelling and garage ,10’ from the side lot line, 34’ 6” from the ordinary high water level and 17’ from the road right-of-way. The variance as approved does not directly or indirectly grant any other variances for the proposed development. It was also noted that the variance-as approved will provided the applicants with a reasonable use of their property. The proposed development will reduce the overall impervious surface coverage on this property as noted on the applicants’ drawing. JoAnn Shaw - Approved the variance application as modified and with a condition. (7:07 p.m.) JoAnn Shaw, Lot 12.Dursch’s Silver Bay, Silver Lake in Everts Township, requested the following; The existing structure setback is 37’ from the ordinary high water mark. I am requesting a 63’ variance from the required 100’ setback from the ordinary high water level. Because the basement has flooded the past 5 years and water has ruined the finished basement, it is proposed that the structure and decks be raised so that the basement floor is approximately 4’ higher than it currently is. The applicant’s sister, brother-in-law and contractor appeared with the applicant at the public hearing. The audience was polled with ho one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried to approve the proposed development, as described in the variance application dated October 11, 2011, being no closer to the ordinary high water level than the existing structure and decks (proposed development must stay in the existing footprint) with the condition that the required 3’ vertical separation from the highest known water level must be maintained. The proposed development is general maintenance to the applicant’s property. The practical difficulty is the terrain/topography features of the applicant’s property. Errol Ernst - Approved the application as requested. (7:18 p.m.) Errol Ernst, part of Government Lot 7, Section 34 of Dora Township by Star Lake, requested a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a garage 10’ from the road right-of-way. The audience was polled with Harold Davis addressing the variance application. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and carried with Paul Larson voting no, to approve a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a 24’ by 32’ garage 10’ from the rc^ right-of-way. Practical difficulty is the terrain and the curve in the constructed road. ’'Brian Wenninger and Sheri Sponsler - Approved the second story addition to the dwelling with a condition and denied the requested second story deck addition. (7:32 p.m.) Brian Weninger and Sheri Sponsler, Lot 5 Block 1 and part of Lot 9 Block 2 Oak Haven Beach Second Addition, Tamarac Lake in Scambler Township, requested the following: Proposing a second story addition to existing home which will be 62’ from ordinary high water level and a second story deck above existing screened porch, deck to be 53’ back from ordinary high water level. Requesting a variance of 47’ from the required ordinary high water level setback of 100’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schiker made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 38’ from the required ordinary high water level setback of 100’ for the placement of a second story addition to an existing dwelling 62’ from the ordinary high water level with the condition thatrthe existing foundation/structure must be adequate to support the proposed second story addition and to deny the variance as requested for the proposed second story deck/screen porch (no deck or screen porch towards the lake). It should be noted that there can be no second story deck/screen porch and the first story deck cannot be screened (lakeside). 1S0M&ISPtWFimP^f1 HI 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. I. t!/i. J ~ 9a %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) 5z mmM R mi ■ D(?Mi/tdtl 4©^ im-mto%\memILLt-Nvi WI IZX nI r - - t'ij I t•e. is>g. \ :::::: I bIIVi i _i tr e $0 ssuMemMis - ^&k)b£-..—* r iC/f EE A/C3|4|It/ _ ^ .Ui '?W-iit--y#-if ml I1 ’ f .I . _L . I f i„_1. U \ a IpjffWL..til I’V 0~ ICvftiflF u c ■m ISignature of Pj^/ I r y Owner Datei. i I BK —0909 334596 -V LURdQon Co. Pnrttors ..Fergus Palls. MN...1r800-346-4870ctoIIi i1..!..[■ IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): } 00 S f\2Structure(s): I *■/*•) 3^/0 Ft2Deck(s): 3 yo I p^2Driveway(s): Ft2Patio(s): 30^ R2Sidewalk(s): Ft2Stairway(s): > ‘■10 F,^Retaining Wall(s): »‘/o Ft2Landscaping; (Plastic Barrier) Other:Ft2 36/^/Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: .15'. 61^X 100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO 1 WMMER !QFi60-E)i|Y RULE THIS FORMMUST^BE SUBMITTED TO THE OFFICE OF .LAND & RESOURCE MANA CEMENT BETWEEN OCTOBER 1^^ & MARCH 1 ST 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 Parcel # ) \JCk.^ c-C (Tax described in my dated Application /O - 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: JTtC I agree to waive the :60-Day 'Rule in. order to allow time for the Planning Commission^Members and/orBoard of Adjustment Members to view my property ;before taking actionfon my: Application(s). t 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 .... -a alternative but to deny my Application(s)i. a PROPERTY OWNERDATED 01-03-2011 Mbowman ap'p' &forms- waiver 60 day rule Notice of Hearing for Variance Otter Taii County Government Services Center 510 FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Brian Weninger and Sheri Sponsler 20004 Tamarac Road PO BOX 114 PELICAN RAPIDS MN 56572-0114 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/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, November 3, 2011 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 Lot 5 Block 1 and part of Lot 9 Block 2 Oak Haven Beach Second Addition, Property Address - 20004 Tamarac Road Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD The variance requested is - the following: Proposing a second story addition to existing home which will be 62’ from ordinary high water level and a second story deck above existing screened porch, deck to be 53’ back from ordinary high water level. Requesting a variance of 47’ from the required ordinary high water level setback of 100’. Wayne Stein Board of Adjustment Secretary Date: October 14, 2011 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 17th, day of October, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Brian K Weninger & Sheri Sponsler, 2004 Tamarac Road, PO Box 114, Pelican Rapids, MN 56572 0114 Aldie Kelsven, Twp Clerk of Scambler, PO Box 430, Pelican Rapids, MN 56572 Tamarac Lake Assoc., % David Nudell, 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 Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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: October 17th, 2011 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud RALEIGH & JOYCE HALVORSON 537 4TH AVE W WEST FARGO ND 58078 1606 IVERSON TST 3627 RIVERSHORE DR MOORHEAD MN 56560 5556 JASON A ANDERSON 7003 62ND AVE S FARGO ND 58104 5725 CHARLES H & CYNTHIA J KOENIG 2302 34TH AVE S FARGO ND 58104 6581 BERNARD & ROBERTA LECLERC 20014 TAMARAC RD PELICAN RAPIDS MN 56572 7021 NANCY L JUSTESEN ET AL PO BOX 81 LITCHVILLE ND 58461 0081 GABRIEL J & TERESA J LINE 19981 TAMARAC RD PELICAN RAPIDS MN 56572 7020 MITCHELL L & SUSAN M MONSON 19984 TAMARAC RD PELICAN RAPIDS MN 56572 7020 BERNARD P LECLERC JR ET AL 20014 TAMARAC RD PELICAN RAPIDS MN 56572 7021 ROBIN D & PATRICIA OLSON 2629 MEADOW CREEK CIR S FARGO ND 58104 7112 DAVID D NUDELL 20066 TAMARAC RD PELICAN RAPIDS MN 56572 7021 ANN MARIE MULLANEY 1321 12TH STN FARGO ND 58102 2515 ELLEN PFAFF ATTN MICHAEL PFAFF 1229 1ST STN FARGO ND 58102 2718 WESLEY J PARE 46464 LAKE LIZZIE RD E PELICAN RAPIDS MN 56572 7100 JUDE & CAROL PARE 46464 LAKE LIZZIE RD E PELICAN RAPIDS MN 56572 7100 CLEMENCE R & SYLVIA J SORGAARD 48797 TAMARAC DR PELICAN RAPIDS MN 56572 7019 DONALD J & MICHELLE J SOLGA 20107 TAMARAC RD PELICAN RAPIDS MN 56572 7021 TIMOTHY R & MARCIA B SIEGLE 207 SPRUCE LN CAVALIER ND 58220 4427 ROGER & CAROLANNE VOLNESS 2413 10TH STN FARGO ND 58102 1884 JAMES E & JANICE M VENAAS 48835 TAMARAC DR PELICAN RAPIDS MN 56572 7019 DUANE & JANET THORSTENSON 19949 TAMARAC RD PELICAN RAPIDS MN 56572 7020 MICHAEL N & DIANE ZARLING 10737 19TH STS MOORHEAD MN 56560 7709 BRIAN K WENINGER & S SPONSLER PO BOX 114 PELICAN RAPIDS MN 56572 0114 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Brian Weninger and Sheri Sponsler 20004 Tamarac Road PO BOX 114 PELICAN RAPIDS MN 56572-0114 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/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, November 3, 2011 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 Lot 5 Block 1 and part of Lot 9 Block 2 Oak Haven Beach Second Addition, Property Address - 20004 Tamarac Road Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD The variance requested is - the following: Proposing a second story addition to existing home which will be 62’ from ordinary high water level and a second story deck above existing screened porch, deck to be 53’ back from ordinary high water level. Requesting a variance of 47’ from the required ordinary high water level setback of 100’. 'Wayne Stein Board of Adjustment Secretary Date: October 14, 2011