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HomeMy WebLinkAbout57000010010008_Variances_06-07-2012Variances Barcode 128 Ip-l 20II111047S DOC# 1110478 1110478 Fee; $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp Certified, Filed, and/or Recorded: June 14, 2012 10:35 AM Wendy L. Metcalf, Recorder RECEIVE!? MAY 1 6 2012 LAND & RESOURCS]Returned To: LAND & RESOURCE By: NDB 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 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date 6/!^^ Sireeri, DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS /^DLAKE CLASSLAKE NAMELAKE NUMBER drc/L^__________I t33 4iTOWNSHIPRANGE TOWNSHIP NAMESECTION ^1-0000 t'OoiH'OOS E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION oCtfcxcUed^ /ejfJ Jescr//o'f 'dn TYPE OF VARIANCE REQUESTED (Please Check) ClusterSewage System WECS Misc.Structure Setback Structure Size Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. \/3^r/<x.r^cc. s<r2'^3ac^ i/jiH be. 73~h , /Uso ^ of ff* fro/>7 fAe reaoL/r^^ S/c^rfr (9^ -frcmy /ej? deseri'pff or)' ___________ / /7e I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE I 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 & RESOURC^MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNgE^^AGENT FOR OWNER / / DATE APPLICAri^UST BE PRESENT AT THE HE^RIN^a mMPH (Applicant Will Receive Notification As To The Date/Time Of Hearing ^ 345.194 * Victor Lundeen Co . Printers * Fergus Falls. Minnesota / ’ •y , ‘ r -f /^/y?7 TimeDate Of Hearing ^ir(io Motion Steven P. Berg - Approved the variance as requested. (7:36 p.m.) ' \ After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 27’ from the required ordinary high water level setback of 100’ and a variance of IT from the required top of bluff setback of 30’ for the replacement of an existing dwelling (replacement and addition) 73’ from the ordinary high water leyej.and 19’ from the top of the bluff as depicted on the drawing dated May 16, 2012. -The proposed development will utilize the same footprint as the existing development with an addition to the rear (away from the bluff) and the proposed development will be an environmentally friendly improvement as it vyill address,the current runoff issue. ^irm^/Otter Tail County Board of A^ustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No 4^ ^//V/A Tr Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 St. Ann’s Church - Approved the variance as requested. (7:30 p.m.) St. Ann's Church, part of the Northwest Quarter, section 14 of Compton Township, requested the following: Owner proposed to redraw the boundaries of the Compton Cemetery to conform with the existing fence lines. Owner will deed approximately 1.2 acres to two adjoining property owners and receive approximately 0.3 acres from one adjoining property owner. This will reduce the Compton Cemetery from approximately 2.5 acres to approximately 1.6 acres which will not meet the 2.5 acre requirement of Section Vll(1) of the Subdivision Controls Ordinance of Otter Tail County. Malcolm Whynott and Barb Butler represented 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, Thomas Lee made a motion, second by Joe Maske and unanimously carried, to approve the variance as requested in the application dated April 25, 2012 and as depicted on the drawings submitted with the variance application. Donna M. Heisler Moen - Approved the variance as requested. (7:34 p.m.) Donna M. Heisler Moen, part of Government Lot 3, Section 31 of Corliss Township by Big Pine Lake, requested the following: small undeveloped triangular portion of Big Pine Lake lot (Parcel 12000310217000) to be subdivided and permanently attached to adjoining lot (Parcel 12000310220000), which is currently owned by Robert and Judy Larson. Both lots to remain buildable for single family residential use. Lots meet minimum lot area and water frontage for platted lots. Lance Heisler represented 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, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as described in the variance application dated May 11, 2012 and as illustrated on the drawings submitted with the application. The variance as requested makes sense based on the existing lot lines and the placement of the existing structures. Steven P. Berg - Approved the variance as requested. (7:36 p.m.) Steven P. Berg, part of Government Lot 9, Section 1 of Sverdrup Township by East Lost Lake, requested the following: request a variance of 27’ from the required 100’ setback to replace existing dwelling and add an addition. Setback will be 73’ to ordinary high water level. Also requesting a variance of 1T from the required 30’ bluff setback placing the dwelling 19' from top of bluff. The applicant’s wife also appeared at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 27’ from the required ordinary high water level setback of 100’ and a variance of 1T from the required top of bluff setback of 30’ for the replacement of an existing dwelling (replacement and addition) 73’ from the ordinary high water level and 19’ from the top of the bluff as depicted on the drawing dated May 16, 2012. The proposed development will utilize the same footprint as the existing development with an addition to the rear (away from the bluff) and the proposed development will be an environmentally friendly improvement as it will address the current runoff issue. Gerard and Maureen Knudsen - Approved the variance as requested. (7:40 p.m.) Gerard and Maureen Knudsen, Lot 1 Block 2 Bailey Beach and Parcel C in Government Lot 9, Section 1 of Sverdrup Township by East Lost Lake, requested the following: remove existing cabin and construct new cabin on or behind existing footprint of old cabin which places setback from ordinary high water level mark at 89’ to 96’. This location would be behind “string test” of neighboring cabins on each side. The ordinary high water level variance will allow new cabin not to encroach on existing storage building. 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 Joe Maske and unanimously carried, to approve the variance as requested in the application dated April 28, 2012 and as depicted on the drawing submitted with the application. It was noted that the existing cabin and deck will be removed and that the proposed development will be further away from the ordinary high water level than the location of the existing cabin. Hardship/practical difficulty is a substandard lot of record. Scott Jennings Ehike - Approved the variance as requested. (7:42 p.m.) Scott Jennings Ehike, part of Government Lot 1 and part of the Northwest Quarter of the Northwest Quarter, Section 17 of Hobart Township by Rose Lake, requested the following: Too close to road right-of-way. Change existing storage area and raise low portion of existing roof to match existing high roof of dwelling being 0’ from township road right-of-way. Required setback is 20’. 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 Paul Larson and unanimously carried, to approve a variance of 20’ from the required road right-of-way setback of 20’ for the development as proposed in the variance application dated May 14, 2012 and as illustrated on the drawing submitted with the application. It was noted that the proposed development will be in the same footprint as the existing structure.SCANNED by._______90H. ' Paroet# /=^^odo 0/000/^0^, L/epuiy ^kcaljL County Rj lerWe by: &recording well certifr?/).co OjO(Y'Warranty Deed Individual(s) to Joint Tenants STATE DEED TAX DUE HEREON: $514.80 .COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX $ </<-/. go ^ NUMBER ,2,11ZZS5l * DATS ^ - o? *7-.2004Date; September FOR VALUABLE CONSIDERATION, George E. Higgins. Sr! and Beverly J. Higgins, husband and wife Grantors, hereby convey and warrant to Steven P. Berg and Linda K. Quistad-Berg, as Joint Tenants, real property in Otter Tail County, Minnesota, described as follows: , I^ThaX part of Government Lot 9 of Section 1, Township 133 North, Range 41 West, Otter Tail County, Minnesota: I Commencing at the Southwest Comer of said Government Lot 9 of Section 1, Township 133 North, Range 41 West, Otter Tail County, Minnesota; thence Easterly 1583.20 feet; thence North 221.40 feet to point "A" (for descriptive purposes): thence North 67“44'00" East 178.08 feet to Point "B" (for descriptive purposes); thence continuing North 67°44'00" East 150.00 feet to the point of beginning; thence South 29"26'00" East 160.00 feet more or less to the shore line of East Lost Lake; thence southwesterly along said shore line to the intersection with a line bearing South 12®59'11" East from point "B"; thence North 12‘*59'ir West 191 feet more or less to Point ”B"; thence North 04'’02'20" West 210 feet more or less to the shore line of East Lost Lake; thence Southeasterly along said shore line to the Intersection with a iine bearing North 03‘’24’44" West from the point of beginning; Thence South 03° 24'44" Ecist 122 feet mote or less to the point of beginning. Subject to an easement for road purposes lying 20.00 feet Northerly and parallel with a line drawn from point "B" to the point of beginning. VX X Together with an easement for road purposes lying 20.00 feet Northerly and parallel with a line drawn from point "A" to point "B". Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: NONE The seller certifies: (X) Well certificate attached hereto. 0 That there no known wells on the above described property. 0 that there are no changes in the number or status of wells since the last known well certificate filed. Beverly Jjfniggins \J {] SCANNED SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS: This ranch style house with a full basement and a deck was built in the 1970's and lies fully within the ordinary high water (OHWL) setback and the top of bluff (TOB) setback and is therefore subject to special scrutiny under the Shoreline Management Ordinance (SMO). With this request we propose to replace our existing dwelling and its deck with an enlarged, site appropriate ranch style dwelling with a full basement and deck such that the portion of the new structure that lies within the OHWL setback and TOB setback be placed on the same footprint as the existing structure, except for a small rectangle (3 ft x 6.5 ft) on the waterfront side and an irregularly shaped area (9.25 ft on the northwest comer of the dwelling jogging and tapering to 0 ft on the northeast comer of the dwelling) on land side of the dwelling that coimects to the 100 ft setback from the OHWL. Thus, virtually all of the "enlargement" would be on land behind the 100 ft setback from the OHWL. NEED FOR A VARIANCE AND HARDSHIPS ASSOCIATED WITH THE PROPOSED REPLACEMENT OF THE DWELLING AT: 33628 273rd Street, Underwood, MN This ranch style house with a full basement and a deck was built in 1970's and is located entirely within the OHWL setback and partially within the TOB setback. We purchased this property in 2004 when we were both still working. We used the property seasonally until 2010 when we retired and made this lake property our permanent home. Now that we are more familiar with the property we have found a number of issues that concern us and limit our utility of our dwelling. For instance, we have found occasional water leaks in the floor in one comer of the basement. On the other side of the basement, there are several places where water collects and pools against the house keeping the sill plate wet for extended durations. During wet weather, some water routinely leaks into the basement around the door jam. We are concerned that these "damp basement problems" will lead to mold and mildew that could cause serious respiratory problems for us in the future. Further, the "damp basement problems" prevent us from finishing and fully utilizing the space. Elsewhere in the basement there is a wall that shows signs of possible failure in the future. There are wiring "abnormalities" in the house that have required us to shut off power to one circuit completely and to closely monitor some other overloaded circuits. The existing building is too small for our comfortable needs and this is exasperated by the leaks in the basement that obviate some of its utility. Further, the building lacks an attached garage and this is becoming a significant hardship as we age and find winter weather more difficult. We have concluded that the best solution for all of these problems is to replace the existing structure with new, site appropriate construction. SCANNEDPROPOSED REPLACEMENT OF THE DWELLING AT: 33628 273rd Street, Underwood, MN We propose to replace the existing single story dwelling and its basement and deck with new construction (single story dwelling with basement and deck) that is larger and includes an attached garage. The part of the new dwelling and its deck would be placed on the same footprint as the current structure with two deviations that require a variance. 1. First, the existing dwelling has a 3 ft x 6.5 ft rectangular inset (see Figure 1 and lb) into the lake side of the house. This is one of the areas where water collects against the side of the house. For ease of construction and to minimize cost and to remove the possibility of another water trap, we propose to remove this small, useless inset by continuing the wall directly to the intersecting wall. To fill this space requires a variance. 2. Second, virtually all of the enlargement of the house would occur on side away from the lake (Figure 4). One comer (the northeast comer) of the back of the existing house is right at the 100 ft setback from the OHWL. This was determined by Mark Roiming when he marked the OHWL and TOB setbacks on May 14th 2012. The northwest comer of the house lies at 9.25 feet inside the OHWL setback due to the geometry of the existing house and its relationship to the shoreline. The enlarged portion of the house would extend back from both the northwest comer and the northeast comer away from the lake and toward road as indicated in the diagram (Figure 4). A small, oddly shaped part of the "enlargement" (9.25 ft tapering to 0 ft over a span of 47 ft (see Figure 2)) is within the setback from the OHWL and requires a variance. The rest of the "enlargement is beyond the OHWL setback. OTHER CONSIDERATIONS: Our house, as well as our neighbors to east, all reside on a penisula in East Lost Lake. Our closest neighbors to the east just built a brand new house starting in the fall of 2011 with completion in early 2012. Figure 3 shows that this house is actually closer to the waterfront than our house and it has a wider elevated deck. "A" is wall of our house that is perpendicular to the waterfront. The picture is taken shooting east along the basement wall that is parallel to the waterfront. "B" shows the front comer of the neighbors new house. It is about 3 feet closer to the waterfront than we are. "C and D" shows older cabins that are only about 30 ft from the waterfront. In fact, all of our six neighbors to the east along the penisula all lie closer to the waterfront than we are and two have built new stmctures within the last few years. The point of this section is only to show that granting this variance will not give us any unusual right that is not enjoyed by our neighbors. Rather, we will merely maintain our position with respect to our neighbors and the lakefront. Our septic system is approved for 3 bedrooms. The new constmction will have 3 bedrooms. SCANNED ! : SCALE DRAWING FORM I S'T-MOO lOhD InoS II Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scaie (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 calcuMons. |00'F''' \00M M.l~1 3 %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) ,1, r -•t r t"!T" i ■fr .. :„4.i i- !it-; ;I rIf i i !fy ►i1f r!#i. 9I .1!■■f -rf :* \"* 4 *i. .j.. ?•0 ri V0 «T*Jr *0 f- ■r r ■f 4- i.. 1 . -<9, ■i ;! SCANNEC)u.{..I..Irl . .1"..1. -Lo j i .i!+i ::r r I .... .1. i: ■ Signature of Property Owner I DirteI - .i BK — 0909 338.S96 • Victo Lundeen Co. PtirUars • Fergus Sails, MN * 1-800-346-4870I !1 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): aio8 Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Lo FFSidewalk(s): Ul Ft^Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 3^9?- F|gTOTAL IMPERVIOUS SURFACE: LOT AREA: Hi'.%X100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE s&i" bafl^-Tr(TTv^ Ml ©1 W£i-t^ e.Q.scmen't r Fi^u,re ^O^OSciJ^ e. lo -F^-vS^-OlI «_ i ^'To ^05^ I0C4-T ie.^ba.c.K !: li lOO-i IR.25-Ohoj S^hac 'I'oi r> //ons'e. ^q_ To 6 Sei6acfc. J (\o \d€^To 6 S'e4^ac K I t K’iSl'i'l; Tpck SCANNED/i -iq^ +a Tobu:zp-~f-<7 4o ToB >y _>i^ V ~rd^ CLS fi)<KtK IH cAO/^ SCANNED nFigure 3 i-v# ■« - i SCANNED 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: Steven P. Berg 33628 273"'‘ St. Underwood, MN 56586 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 Taii 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 7, 2012 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 part of Government Lot 9, Property Address - 33628 273"'^ Street Section 1, Township 133, Range 41 - Township Name - Sverdrup Lake No. 56-378, Lake Name - East Lost, Class - RD The variance requested is - the following: request a variance of 27’ from the required 100’ setback to replace existing dwelling and add an addition. Setback will be 73’ to ordinary high water level. Also requesting a variance of 11 ’ from the required 30’ bluff setback placing the dwelling 19’ from top of bluff. ‘Wayne Stein Board of Adjustment Secretary Date: May 18, 2012 SCANNED 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 18th, day of May, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Stevem P. Berg, 33628 273^'* St, Underwood, MN 56586 Aldie Kelsven, Twp Clerk of Sverdrup, PO box 430, 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, 38019 Dead Lake Rd, Richville, MN 56576 Joe Maske, 14833 Lake Olaf Rd S, 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 Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: May 18th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: \Zl^ Vi Manderud SCANNED DENNIS &PAUU\AUNE 5 38TH AVENUE CIR S MOORHEAD MN 56560 5672 STEVEN P & LINDA QUISTAD BERG 33628 273RD ST UNDERWOOD MN 56586 9325 DOUGLAS & LOUISE N ANDERSON 1205 ALCOTTAVE W FERGUS FALLS MN 56537 2650 ROBERT WALKER BURNS 33727 273RD ST UNDERWOOD MN 56586 9325 ALAN & JUDY DAHLMAN 719 2ND STS WAHPETONND 58075 4901 BRODERICK PROPERTIES I LLC 30 ALLYSSA DR MEDIA PA 19063 4547 JAN A HANSON TSTEE ET AL 33418 BIG NARROWS LOOP UNDERWOOD MN 56586 9358 LARRY D & MARY ANN GASH 345 GORDON DR CASTLE ROCK CO 80104 2115 PAUL J & MARY L FRIEDERICHS 324 2ND ST S BRECKENRIDGE MN 56520 1902 DELRAY D & KAREN B LECY 33638 273RD ST UNDERWOOD MN 56586 9325 GERARD & MAUREEN KNUDSEN 505 TULIP LN ADAMN 56510 1477 DONALD H & NANCY HOOGLAND 733 6TH ST S BRECKENRIDGE MN 56520 2416 TO THE PUBLICHAROLD W & KAREN A SMITH 33802 BIG NARROWS LOOP UNDERWOOD MN 56586 9323 DALE R & LINDA K SHARPE 2307 GARFIELD ST NE MINNEAPOLIS MN 55418 3928 DANIEL C & JOYCE J ZIMMER 5713 LOIS LN EDINA MN 55439 1340 MARK S & SHERRY J WILLIAMS 8454 ROSEMARY DR RIVERSIDE CA 92508 2967