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HomeMy WebLinkAbout57000010010008_Variances_05-04-2006Variances 2 Barcode 128 5 * M' 2 ooO • %, OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify 'ir- this instrument L-1—— was filed/recorded in this office for record on the __day of2006 atSi^^^nypm rder 9537835 VW>u Wendy L. lyietcalfCou by: dJ_ ,recording fe4^ ^ wpII certifi^te 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 g^^OOS Application Fee _ Receipt Number Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK ^ j "7> T) k. PROPERTY OWNER '^\€\)(Ly\ »« 4 QLuH^uJI'Bcr^ rjiay,-tu S^9sr9 DAYTIME PHONE - SZ 7- 7- MAILING ADDRESS fLT>LAKE NUMBER _______LAKE CLASS SVercit' ucf =273"^ S-F \Xnde rupoS^, /f)H 3^ S' LAKE NAME I ly^^ ISECTIONTOWNSHIPRANGE TOWNSHIP NAME Xo t VSgc i-13^ ' ^1 kndZun P<Xr^:-el(— SXoodX)/ 00/0 PARCEL NUMBER E-S11 ADDRESS LEGAL DESCRIPTION TR IN GL 9 KNOWN AS PARCEL C GL 9, E TO SHORE LN EAST LOST LAKE, N 50 DEG E 175.94' TO BG, N 12 DEG W ” 210'TO SHORE LN SELY APPR. 150', „122', S 29 DEG E 160',DEG W 200.22' TO BG S 3 DEG E S 59 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^Structure Size Sewage System Subdivision Misc.Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. fl e 'M € c cl do etc m e-T) ~t c ^ ^our H .T'e c 11 '■ * 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 & RESOURCRyANAGEMENTBEGARDING THIS MATTER. R-^^PERTY OWNERSIGNATURE O APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) J A.jtDate'^Of Hearing Time Motion Steven P and Linda K Quistad- Berg - Approved.the variances as requested in the variance application with a condition. (7:45 p.m ) ; After consideration, Cecil Femling, made a motion, second by Michael Harris and unanimously carried, to approve the variances as described in the materials presented with the variance application with the condition that no portion of the proposed development can be placed any closer to the ordinary high water level than the existing structure, deck and/or steps. (^^irman/OtterTail County Board 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 0204-001 317,340 • Victor Lundeen Co.. Pfinlers • Fergus Falls. Minnesota /y ' SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. This house was built in the 1970s and fully lies within the ordinary high water setback and the top of bluff setback. The Compliance Section of the General Provisions of the Shoreline Management Ordinance (SMO), Paragraph 4 requires that “No structure Therefore, no alteration to the dwelling is allowed under the SMO. The closest comer of the house lies at about 61 feet from the Ordinary High Water Line and so the owners request a 40 foot variance to allow them repair and the remodel the interior and exterior of their dwelling. Changes to exterior of the dwelling will be to replace two sliding glass doors, to replace one window with a larger one, to replace a small wall beneath the existing covered breezeway, to enclose the existing breezeway with 4 glass storm doors (two on each end of the breezeway), to add a small 7’x 5’ landing to the existing deck to allow egress from the new storm doors on the lakeside of the breezeway, to build new deck steps down to ground level from the new landing by the lakeside storm doors, to add a new layer of siding to improve the lakeside appearance and to finish making the south facing wall weathertight, to build a short section of brick wall to cover the wall on the south side of the house that will be about 50% below grade (hence the need for brick) and to build a small outbuilding on an existing pump house foundation. shall be .. .altered which does not comply with the regulations....”. Plat Map & Legal Description Bonowg/Ciail Steven P.Befq ALinda K-Quistad-Berq Property Address 33628 273rd Stfeel apCode 5658M325Slate MWCounty OttefTaa Lenda Home Federal Savinos Banfc / PAIICLL C; That port ol Covcrtieont Let Nlrr 1*^1 &«vt;on Une (I). Township On* Uutadiod Thirty Thrro Hodh, Kong* forty On* (<>lf West. Otter Toil County, lUcuieselo: CotmciK'liiA ot III* Southwest Corner of said r.overnaenc Lot 9 of Section I. Township It) North, hante A1 tfesr , Otter Tail Liyunty. therue Kasleriy l)fl).?ti feet i thence Korth ?2l.4ri fr*t to point *'A** (lor dt-s<-r i pt I we purposes); thence North 67^<>4'00" £a&t H^.US feet to Point *’B' (for descriptive purposes); thence continuing North 67*’4<t‘00" Cast OO.OO leet to thr point of beginning; 2V*’?6‘OC‘* fast I60.no leet fsore or Jess to theThance SeuTit shora line of East Lost lake; TT.ence Soul bwr st rr I y alun^ said shore line to ihr intrrs*ctloa with hearinE South 17 E.tsi iron point *B**;Thence North 17^S9'U" Vest l9] Ltei wore or leas to Point **V't Thence North 04**02*?f>“ West ?Mi leei or to the shore a line line of Last Lost Lake; Thence SoockcasterIy aloop aaid shore line to the intersect mn bearini^ Korth l>) 24*L4" Lest fro« i he point of beginning; South 03*'24 44“ felt 122 feet nore or less to the point ofy11)• a linethence hefe:noiup. Trart rmttainlTif *4,00t: square feet mr<re or less. Stibfcct to an rasennnc fo( road purposes lying 20.0C> feet Northerly and parallel with a line drawn Irwa point "h" to the puint ol beginning. Together with n cnseiaeftc for road parpoeei lyinf 20.oo feel Northerly and parallel wfth a line drawn Iron point "A” to point Fonn MAPPLAT — *T0TAL tor Windows' apfiraisal sotiwafe by a la mode. inc. — I-800-ALAMOOE £7(^0 on/ oat) /^rrs^ Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfiel^, blutf(s) & wetland(s). Must also include all proposed topographical alterations. I2£lt = %Impervious Surface A A / 1^0 °^^08OtItOL50' /K A / BK — 0505 322.180 • Victof Londeen Co. Prmters *Fergus Paf/s. MiN • !-600-346-4870 nii;! ■i Need for a Variance and Hardships Associated with the Proposed Repairs and Remodeling at 33628 273'^** Street, Underwood, MN This house was built in 1970’s and was sited within 100 feet of the lakeshore and built into the bluff. Thus, according to the General Provisions of the Shoreland M^agement Ordinance, Paragraph 4, Compliance; “No structure.....shall be .. .altered which does not comply with the regulations....” This very broad statement suggests that all interior and exterior maintenance, painting, upkeep, repairs and remodeling proposed in this manuscript require a variance from both the setback and the bluff ordinances. However, if the interior and exterior maintenance, painting, upkeep and repairs are not done to the house, then the existing age and weather related damage will continue and there will be an accelerating degradation of the house and an ongoing downward spiral in property value. The loss in property yalue associated with the continuing degradation would represent a significant hardship to the ovmer of this property. Also, the open “well hole” represents a significant safety hazard as well as a potential financial liability in case of an accident. Finally, the leaking doors and walls have compromised the utility of the interior spaces and if unabated, will eventually make the house uninhabitable. OAvning an uninhabitable house would also represent a significant hardship to the owner of the property. ui- :r f1.‘ ■i r t. 1;Proposed Repairs and Remodeling at 33628 273'^'* Street, Underwood, MN 1. Interior Work: This property has experienced years of neglect and deferred maintenance to both the interior and the exterior. We propose to do interior work that ranges from simple painting to the replacement of interior wall paneling, wall cabinets, floor coverings (carpet and vinyl), plumbing and light fixtures and even localized interior floor and subfloor replacements when leaking plumbing has damaged the floor adjacent to doors, windows and plumbing fixtures. All of this work will be interior and will not affect the exterior of the house. The rest of the items listed below do affect the exterior of the dwelling. 2. Exterior Work: (Installation of Storm Doors) Figure 1 shows a diagram of the existing structure. Figure 2 shows a diagram of the structure after the proposed repairs and remodeling have been completed. Figure 3 shows the existing breezeway. Underneath the floor of the existing breezeway is a basement that is continuous between the main part of the cabin (left) and the small bedroom on the right. It is proposed that double storm doors be installed at both ends of the breezeway to prevent windblown rain and snow from entering the breezeway and leakingUhrough the existing floor into the basement below. The breezeway is 16’ X 7’ = 112 ft^. Thus, installation of the storm doors on both ends of the breezeway will increase the interior square footage by 112 ft^. However, these 112 ft^ will not be heated and thus will not be fully interior space. ;! ■! 5 1V 3. f .1 ! I! i ■! ■3 t. F 3. Exterior Work: (Short Brick Wall) Lay at 12’ x 2’ brick wall at position “H” (Fig 1, 2) on the existing concrete lip to cover the aluminum flashing and to protect the base of the wall. Slope soil (estimated to be less than 1 cubic yard) about 15 degrees up to brick wall and cover with sod to prevent erosion. 4. Exterior Work: (Rebuilding Rotted Wall at Position B) Before the double storm doors can be installed enclose the breezeway, the existing wood frame exterior wall at position “B” (Fig 1, 2 and 4) must be removed and rebuilt back to the height of the existing floor of the breezeway. This wall needs to be replaced because of the water caused damage to this very poor design. (See Fig 6 & 7.) The “weather tight” portion of the stairs at “J” will be removed. (Fig 5 shows a different view of the “weather tight” portion of the stairs.) Once wall “B” is rebuilt, and the floor to the breezeway is repaired, the twin storm doors can be installed to enclose the breezeway. These storm doors are intended to prevent wind blown rain and snow from reaching the floor of the breezeway and thus causing leaks into the basement underneath. The installation of these doors was discussed above in #1 along with the two glass storm doors that will be installed at position “A” to prevent wind blown rain or snow from entering from the other side of the breezeway. As discussed above, the net effect will be the complete enclosure of the breezeway. 5. Exterior Work: (Repairs to the Deck Attachment Site) The existing deck at position “G” and its wrap around extension “C” (see Figures 1 & 2) will be disconnected from the existing building and tilted back a few inches to allow for repairs to the external walls and leaking door frames, window frames and deck wall connections (see #6 & 7 below). Some of the weather damage can be seen in Figures 4 & 8. 6. Exterior Work: (Living Room Door Replacement) The single glazed sliding glass door at position “D” (see Figure 1 & 2) will be replaced with a more energy efficient double glazed door of the same size. This will require repair of the floor and subfloor in the living room caused by the rain leakage through the existing damaged sliding glass door. The tall single pane non-operable window at position E will be replaced with a new, energy efficient double glazed operable window. 7. Exterior Work: (Basement Door Replacement) While repairing the floor adjacent to the sliding glass door at position “D” and while repairing the connections between the deck at position “G” and the main house, the sliding single glazed glass door at the basement level, immediately underneath position “D” will also be replaced. See Figure 8. The aluminum frame of this door is badly bent and water leaks into the basement under the door frame. 8. Exterior Work: (New Siding) Once the external walls, window frames and deck wall connections have been made weather tight the entire south facing external wall (positions Q and H) will have an additional layer of 5/8” thick sheet siding applied to complete the weather treatment and trim around the replacement windows and doors. After the siding is applied, the deck will be brought back into position and reconnected properly. 9. Exterior Work: (Landing and Stairs) The existing wooden deck “bridge” (Position G in Figures 1 & 2) that connects the main part of the existing deck with the breezeway will be detached from the building and shortened by about 5’. The !, f -■n •! 1 i (F ■ii I. l : ii'i FI i ; ; ! 1 1-^J' connection between the “bridge” to the wall will be repaired such that water no longer leaks into the interior of the basement. The shortened “bridge” will be properly reattached to the wall. A small (7’ X 5’) wooden landing at the level of the floor of the breezeway where the twin storm doors will be installed will be constructed at position “K” to allow access to deck stairs going down and to the deck “bridge” that connects to the main portion of the deck. The small 7’ X 5’ landing will be largely under the existing roof line. New wooden deck stairs will be constructed from the landing to the ground level at position “F”. 10. Exterior Work: (Small Storage Building) A new storage building will be built on the existing concrete block foundation at position “I”. See the relationship between the cabin and this open hole in Figure 9. This 6’ x 6’ block foimdation originally housed a two inch well that served the house. This 2” well was sealed when the 4” inch well was bored. The 6’ deep hole remains and is a safety hazard. See Figure 10. Construction of this small storage building will remove the safety hazard associated with this open hole. i. i:. r' 1 ■, •ii t: f' i' • Net Impact Associated with the Proposed Repairs and Remodeling at 33628 273'^'* Street, Underwood, MN The proposed repairs and remodeling will have minimal impact with respect to the Shoreland Management Ordinance. Much of the proposed work is interior work and will not be visible from outside of the house. Window and sliding glass door replacements will be visible from shore side of the dwelling, but these replacements (insulating glass for single pane) are fully consistent with the need for greater energy conservation (the house is heated in the winter) and will not extend these openings from there current locations toward the shore. Two of the four new storm doors that enclose the breezeway would be visible from shore. But, these are glass doors and would be fully contained beneath the existing breezeway roofline. I suspect that virtually no one would even notice their presence. The additional layer of 5/8” siding on the shore side will extend the dwelling toward the lake by 5/8”. The proposed 5’x7’ landing and the new deck stairs to ground level will extend the bottom of stairs about 5’ in a shoreward direction from the place that the stairs currently terminate on a concrete pad. This additional shoreward extension is still within the allowable deck encroachment as defined in Part III District Requirements of the Shoreland Management Ordinance, Section H where it says that “Decks that do not meet setback requirements from public waters may be allowed without a variance to be added to structures existing on February 5, 1992, if all of the following criteria and standards are met: and in “Paragraph 2 of Section H where it says that “.. .deck encroachment toward the Ordinary High Water Level does not extend 15% of the existing shoreline setback of the structure.” The distance between the dwelling and the shoreline is greater than 71 feet at the location of the top of the stairs and the bottom of the stairs would be about 8 feet closer to the water which is less than the allowable 71 x 0.15 = 10.65 feet. 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