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HomeMy WebLinkAbout25000010006001_Variances_04-14-2016Variances Barcode 128 Mm-zoK^1173094 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 04/19/2016 9:47 AM rCNi RECEIVED MAR 2 ?Q!5 CO - -CnI^cn FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N ■CO§ CNJ . .LAND & RESOURCE 'CO 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 Application Fee ^ ^ - 2TI Accepted By / Date / 5' ZX4 - 320-249-3938 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Thomas & Andrea Brasel DAYTIME PHONEPROPERTY OWNER 717 21st Ave. N. Sartell, MN 56377MAILING ADDRESS ___LAKE CLASS Everts otter Tail56-242LAKE NUMBER LAKE NAME 1 TOWNSHIP NAME133TOWNSHIPRANGESECTION E-911 ADDRESS PARCEL NUMBER 25000010006001 39511 CLEARMONT RD BATTLE LAKE LEGAL DESCRIPTION Sect-01 Twp-133 Range-040 PT GL 2 COM SLY COR LOT 31 CLEARMONT BCH S 56 DEG W 254.8' TO BG S 56 DEG W 70* N 32 DEG W 184' TO LK NELY ALG SHORELN TO LN N 32 DEG W FR BG S 32 DEG E 181’ TO BG & PT GL 2 COM SLY COR LOT 31 CLEARMONT TYPE OF VARIANCE REQUESTED (Please Check) XWECSSewage System Subdivision Cluster Misc.Structure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OPTION #1 VARIANCE FOR IMPERVIOUS SURFACE. (Build new structure and other impermeable accessories with the same total impervious surface as existing lot has now.) 10% increase variance to the maximum allowed impervious surface ratio of 25% leaving our new property with 4,849 sqfl. or less of impermeable surface for a total of 35%. This is the same sqft of impermeable surface that the lot currently has now. Our current structure is not in compliance with the existing 75' lake setback and a secondary structure on our lot is not in compliance with the road right of way setback. Upon approval of this variance we will move our new structure back from the lake to meet the required 75' lake setback and back from the road to meet the required 20' right of way setback. Also our new building surface percentage would not exceed or be less than the maximum allowable building surface ratio of 20%. All other ordinances would be followed as per the Shoreland Management Ordinance of Otter Tail County. (See option #2 on back) 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. TYSDAL CONSTRUCTION INC. JERAME TYSDAL 218-770-4990 -----------—■> SIGNATURE OF PROPE^ C llo DATEOWNER / AGENT FOR OWNER 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, Minnesota OPTION #2 REMOVE EXISTING HOUSE AND REBUILD 2-STORY HOUSE USING THE EXACT SAME FOOTPRINT AS WE HAVE NOW. Everything on our lot would remain the same including the out buildings, driveway, patios, and sidewalks. The impervious surface and existing setbacks would all remain the same. The reconstructing of our new house would use exactly the same footprint and we would add a second story to that footprint. The second story would not exceed the Shoreland Management Ordinance of 35' high. Our existing structure would not be capable of supporting a 2nd level so we would need to tear down and remove it so we could replace it with a proper foundation and framing to adequately support the 2nd level. S pm.'*-1Date Of Hearing Time Motion Thomas and Andrea Brasel - Option #1 approved with a condition/modification. (8:03 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve Option 1 with the condition that no more than 30 percent of the total eligible lot area can be covered with impervious surfaces. The variance as approved does allow for the construction of a two-story dwelling. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Hardship/practical difficulty is a substandard lot of record. The proposed development will meet all ordinance requirements, with the exception of imperious surface coverage. The proposed development is an improvement over the existing development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management y Yes (Contact Land & Resource Management) No Ik/] L R Official/oMe TCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 I omvald meueNffw co- ««w uum. mn twAn sm th amtMinaeaota Uniform CoTiveyancing Blanks (6/17/97)Form No. 5-MWAIWANTY PEED IndivlduaM*) to Joint Tononts 3±0373 OFFICE OF COUffTY RECORDER OTTER TAIL MINNESOTA was fiedAaoorded inihis offioa291_d«yofgOOaat/O.C^S/ainfam No delinquent taxes and^transfer entered; Certificate of Real Estate Value ( Cer ) filed ( ) not required, ti^ate of Real Estate Value No._ (Date) Wi County Auditor by: fsooiding fsa .wsl oartHloalaby: Deputy Q907.50^^DEED TAX DUE: $©AlIRMST 7 . 2QQ2-::^:>(reserved for recording data)Date: <^nHM A. FLADELAND AND RUTH FLADELAND,FOR VALUABLE CONSIDERATION,HUSBAND AND WIFE., Grantor,HflMA.S^D. RRA.SFI AND ANDRFA .1. BRASEDT'"'hereby conveys and warrants to__T HHUSBAND AND WOTT « s'-__________________________ , Grantees, as joint County, Minnesota, described as follows:OTTFR TAILtenants, real property in o(0V£R:<)^ ©© together with all hereditaments and appurtenances belonging thereto).subject to the following exceptions: *7^ Check box if applicable: CH The Seller certifies that the Seller does not know of any wells on the described real property. TS A well disclosure certificate accompanies this document. ED I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 0~^^ OP OTTER TAIL trr.'fc or MINNMQJ^. OATI-AUd. .M’lix Di'i'd i'iix .Stamp Hef>‘ ^^BS.STATE OF MINNESOTA OTTFR TAILCOUNTY OF This instrument was acknowledged before me on ^ .lOHN A. FI ADFLANT) AND RUTH T ND 'WTIU WTFE7by NOTARIAL STAMP OR SEAL <OR OTHER TITLE OR RANK) © C?notary public or other officialCATHY L MUELLER ' '^oUirv >®ubtic * • a »> 31.2006 SIONA’L^J Check here if part or all of the land is ReKietered (Torrens) i ! THIS INSTRUMENT WAS DRAFTED BY (NAME A ADDRESS): Tax Statements for the real property described in this instrument should be sent to (include name and addrees of Grantee):BOLL REALTY 409 M OTTER Rjjurn Doc^umsnts to: lfAlL'?'''MINN.^56571 THOMAS & ANDREA BRASEL lilOo 5TH AVE. N. SARTELL. MINN. 55D77 3333 West Division Street Suite 118 6t. Cloud. MN S0301-------1 I A parcel of land located in Government Lot Two (2), Section One (1), Tovmship One Hundred Thirty-three (133), Range Forty (40), Otter Tail County, Minnesota, described as follows: Beginning at a point South 56 degrees 19 minutes West 325 feet from the Southwest comer of Lot Thirty-one (31) of Clearmont Beach in Government Lot 2, Section 1, Township 133, Range 40; thence North 56 degrees 19 minutes East a distance of 70 feet; thence North 31 degrees 50 minutes West to the water's edge of Otter Tail Lake; thence southwesterly along the water's edge to a point on a line projected North 31 degrees 50 minutes West from the point of beginning; thence South 31 degrees 50 minutes East to the point of beginning and there terminating. AND Beginning at a point, said point being located South 56 degrees 19 minutes West 325 feet and South 31 degrees 56 minutes East 20 feet from the Southwest comer of Lot 31 of Clearmont Beach and running as follows: Thence South 31 degrees 50 minutes East 140 feet; thence North 56 degrees 19 minutes East 70 feet; thence North 31 degrees 50 minutes West 140 feet; thence South 56 degrees 19 minutes West to the point of beginning and there terminating. ^-xxo*0\- I C V *0 April 14,2015 Thomas and Andrea Brasel- Option #1 approved with a condition/modification. (8:03 p.m.) Thomas and Andrea Brasel, part of (Joverninent Lot 2, Section 1 of Everts Township by Otter Tail Lake, requested the following: OPTION #1 VARIANCE FOR IMPERVIOUS SURFACE. (Build new stmcture and other impermeable accessories with the same total impervious surface as existing lot has now.) 10% increase variance to the maximum allowed impervious surface ratio of 25% leaving our new property with 4,849 sqft. or less of impermeable surface for a total of 35%. This is the same sqft of impermeable surface that the lot currently has now. Our current structure is not in compliance with the existing 75' lake setback and a secondary structure on our lot is not in compliance with the road right of way setback. Upon approval of this variance we will move our new structure back from the lake to meet the required 75' lake setback and back from the road to meet the required 20' right of way setback. Also our new building surface percentage would not exceed or be less than the maximum allowable building surface ratio of 20%. All other ordinances would be followed as oer the Shoreland Manaqement Ordinance of Otter Tail Countv. OPTION #2 REMOVE EXISTING HOUSE AND REBUILD 2-STORY HOUSE USING THE EXACT SAME FOOTPRINT AS WE HAVE NOW. Everything on our lot would remain the same including the out buildings, driveway, patios, and sidewalks. The impervious surface and existing setbacks would all remain the same. The reconstructing of our new house wouid use exactly the same footprint and we would add a second story to that footprint. The second story would not exceed the Shoreland Management Ordinance of 35' high. Our existing structure would not be capable of supporting a 2nd level so we would need to tear down and remove it so we could replace it with a proper foundation and framing to adequately support the 2nd level. Jeramc Tysdal, Contractor appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. Letters from Dean and Delaine Ferkinhoff and Ed Johnson in support of the applicants' request were read for the record. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve Option 1 with the condition that no more than 30 percent of the total eligible lot area can be covered with impervious surfaces. The variance as approved does allow for the construction of a two-story dwelling. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Hardship/practical difficulty is a substandard lot of record. The proposed development will meet all ordinance requirements, with the exception of imperious surface coverage. The proposed development is an improvement over the existing development. Foster and Lora Strand - Variance application approved as requested. (8:16 p.m.) Foster and Lora Strand, Lot 16 Block 3 Miller’s Beach, Round Lake in Rush Lake Township, requested the following: We are proposing to remove a small portion (breezeway) of the existing cabin and add 32’ by 26’ addition being 63’ from ordinary high water level, requesting a 37’ variance (required is a 100’ setback). Also would like to propose an upper deck 6’ by 16’ (being 57' from lake). The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion. Ward Uggerud made a motion, second by Rod Boyer and unanimously earned, to approve 37’ and 43’ variances from the required ordinary high water level setback of 100’ for the placement of a 32’ by 26' addition 63' from the ordinary high water level and for the placement of a 6’ by 6’ upper deck 57’ from the ordinary high water level as described in the variance application dated March 24, 2016 and as depicted on the drawing submitted with the variance application. The variance as approved is consistent with past decisions. The proposed development will be no closer to the ordinary high water level then the existing development. The variances as approved do not directly or indirectly grant any other variances for the proposed development. Page I 6 • otter Tail Lak.e —1 II------------------- I I I K3o.«N <D 3 c«3 Any sidewalks extending to otltr dock will be located within this s^ea. N 5e*&3'4fe“- p TO ^ ^ >"0 0 VP I I ..... ^ All Patios, Sidewalks, and Landscaping will be located within this area.I / Existing House J 75' Setback Line All grey lines indicate existing structures, driveways, patio's, etc. i'r ■1:.'K''eO04 to inn3m=04 '<pI* O 04 S'-to•S'o .0'VI- ’-I01 o k-z <0 o■I.' o' Nln.50'lO' tiln. All Stuctures and driveways to structure will be located within this area and meet the setbacks shown AREA ECASAJLENAME COLOR Area to be used for Structures Area to be used for Drlvemays Area to be used for Patios 4 SideuiaKs Area to be used for Sldeuialks Lot Area = 13,854.1 Sqft. Existing Impervious Surface = 35.4% J T K3 q All Driveways wilt be located within this area New Building Surface Sqft = 2,770 or less Percentage = 20% Max.3? < i sTig'ia" ti) 10.000'New Impervious Surface Sqft = 4,849 or less Percentage = 35% Max.II ORoad Surface oo00ddOnCM I N 5T19'16>" E L. Impervious Surface CNeiiiw) 6CALE: 1" = 20'-0" otter Tail Lake —1 I------------------ ■o.i 00-(PSD (pCN :59*53'4fe"OOO'I--i>:13“0 0 : ivn: i:! \: : Existing Hous b Setba*-i L---------- : 13'±44'I3'± :y^SerttockUn®______1I.. :■^r I : : :4-! O!03! !=! ui! Cvi aji "CN t<3 !C<3 Z 0):' : ; : ; :AK£A 5CMBX1LENAMECOLOR AREA Lot I3S&4.I rt:Structure 356.3 sq n 531.6 »q ftPrlv-ggia^:SfcP.C ®q ftPatio Siqeioalk 462.1 »q fi:Retaining LUall iS.S sq ft Impermeable landscape I044.fc sq rt53; Total Impervious Surface 4.SC2.2 sq ft. :!Existing Impervious Surface = 35.4% 23' : UU 10.000'IS 5TI8'lfe :-! :OO oo<N N 5T13%''~B10.000' Impervious Surface (^Existino]^ SCALE: 1" = 20'-0" \y\\\oI Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTCR TAIl Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Thomas and Andrea Brasel 717 21 "‘Ave N Sartell, MN 56377 Tysdal Construction 28201 N Midway Park Drive Battle Lake, MN 56515 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, April 14, 2016 at 6:30 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 2, Property Address - 39511 Clearmont Road Section 1, Township 133, Range 40 - Township Name - Everts Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - OPTION #1 VARIANCE FOR IMPERVIOUS SURFACE. (Build new structure and other impermeable accessories with the same total impervious surface as existing lot has now.) 10% increase variance to the maximum allowed impervious surface ratio of 25% leaving our new property with 4,849 sqft. or less of impermeable surface for a total of 35%. This is the same sqft of impermeable surface that the lot currently has now. Our current structure is not in compliance with the existing 75' lake setback and a secondary structure on our lot is not in compliance with the road right of way setback. Upon approval of this variance we will move our new structure back from the lake to meet the required 75' lake setback and back from the road to meet the required 20' right of way setback. Also our new building surface percentage would not exceed or be less than the maximum allowable building surface ratio of 20%. All other ordinances would be followed as oer the Shoreland Manaaement Ordinance of Otter Tail Countv. OPTION #2 REMOVE EXISTING HOUSE AND REBUILD 2-STORY HOUSE USING THE EXACT SAME FOOTPRINT AS WE HAVE NOW. Everything on our lot would remain the same including the out buildings, driveway, patios, and sidewalks. The impervious surface and existing setbacks would all remain the same. The reconstructing of our new house would use exactly the same footprint and we would add a second story to that footprint. The second story would not exceed the Shoreland Management Ordinance of 35' high. Our existing structure would not be capable of supporting a 2nd level so we would need to tear down and remove it so we could replace It with a proper foundation and framing to adequately support the 2nd level. Wayne Stein Board of Adjustmeot Secretary March 24, 2016 i' 1 V 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 28th, day of March, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Thomas L & Andrea J Brasel, 717 21®‘ Ave N, Sartell, MN 56377 2465 Tysdal construction, 28201 N Midway Park Drive, Battle Lake, MN 56515 Otter Tail Lake Assoc., PO Box 21, Battle Lake, MN 56515 Roland Mann, Twp Clerk of Everts, 27234 368*^ Ave, Battle Lake,MN 56515 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 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Rod Boyer, 51127 E Wymer Lake RD, Frazee, MN 56544 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: March 28th, 2016 Wayne Stein, Secretary Otter Tail County ^ard of Adjustment By: Vi Manderud SC.:\Ni;ZD ROSS E & CHRISTINA AIGNER 1689 160TH AVE WOLVERTON, MN 56594 9561 THOMAS L & ANDREA J BRASEL 717 21STAVE N SARTELL, MN 56377 2465 RICHARD H & RITA A BUNTJE 39561 CLEARMONTRD BATTLE LAKE, MN 56515 9178 DANIEL M & MARLENE B CARLSON 27550 LOG CABIN RD BATTLE LAKE, MN 56515 9162 DEAN J & DELAINE K FERKINHOFF 10626 SHERMAN DR EDEN PRAIRIE, MN 55347 4448 EDITH COOK 39603 CLEARMONT RD BATTLE LAKE, MN 56515 9178 TIMOTHY & SARA FREDERICK 38581 CLEARMONT RD BATTLE LAKE, MN 56515 9178 FREESE TST 6012 TAMARAC AVE EDINA, MN 55436 1753 LORENE N HOUGHT 39449 CLEARMONT RD BATTLE LAKE, MN 56515 9163 BENJAMIN D & AMY L JURGENS 3423 PEBBLE HILLS DR FERGUS FALLS, MN 56537 4200 JTJD FAMILY PROPERTIES LLC 1641 HIGHWAY 281 SE PINGREE, ND 58476 9500 EDWARD DUANE JOHNSON 39521 CLEARMONTRD BATTLE LAKE, MN 56515 9178 GRETA MYERS CONSERVATOR OF ROBERT BERGER 1177 85TH AVE NW MOORHEAD, MN 56560 0 SYLVIA R PETERSON ETAL 301 13TH ST N BRECKENRIDGE, MN 56520 1811 BRYAN & JULIE LOFF 7310 COUNTY ROAD 1 COLFAX, ND 58018 9641 GARY & NANCY SAN DAHL 991 BIRCH ST LINO LAKES, MN 55014 1362 JAMES & PHYLLIS TEGTMEIER TST 27533 LOG CABIN RD BATTLE LAKE, MN 56515 9162 JOHN P REICHMUTH ETAL 18012 94TH ST N OWASSO, OK 74055 8027 WILLIAM & EILEEN VANDERMEER 902 WATERFRONT DR ANKENY, lA 50023 9177 NORMAN TEGTMEIER & JOANN MCKEE 427 HAWTHORNE ST WARMINSTER, PA 18974 4713 ^kdm. rt' M(Xl\ Cor\c€r A» As ^ fJCi^Lh or' ^ I \Zo^'T [a~y\c-€^ ci O rA \v\o^v\ CJ2^S iKi i-\\<2^ I^VOcv (51 rovo^\ Cv. w “o^ycV -V<d 'T/\e— « n^K<3-y^Vl- V<5U 39 sa I ^okV .... ^ mw. 56 515 ■ w - April 12, 2016 To:Wayne Stein Board of Adjustment Secretary Otter Tail County Dean and Delaine Ferkinhoff 39501 Clearmont Road Otter Tail Lake From: Variance Request from Thomas and Andrea Brasel for Property at 39511 Clearmont Road, Otter Tail Lake Subject: We are the property owners directly to the South of the property noted in the above subject line. Flaving just completed a rebuild of our own, we know that having a sub-standard lot with limited space can present several challenging issues with the new rules of today. With this in mind, in reviewing what the Brasel's are requesting, we fully support the Brasel's in their request for a Variance. Although we have no opposition to either plan, we feel that option #1 is the best option, in that it addresses most of the new standards desired today, thus creating a better situation for all property owners in this area. If you have any questions, feel free to contact us at 952-934-7406. Unfortunately, we will not be able to attend the meeting in person to share our thoughts. y V Vi u«t«taU Wayne Stein DEAN and DELAINE FERKINHOFF <FERKINHOFF@msn.com> Tuesday, April 12, 2016 11:01 AM Wayne Stein Re; Brasel Variance Request - 39511 Clearmont Road, Otter Tail Lake Brasel Variance Request.docx From: Sent: To: Subject: Attachments: Attached is a letter summarizing our thoughts in reference to the Variance Request that Tom and Andrea Brasel have made related to their property at 39511 Clearmont Road, Otter Tail Lake. We own the property right next to theirs. If you have any questions, please let us know. We will not be able to attend the hearing. Dean and Delaine Ferkinhoff 1