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HomeMy WebLinkAbout57000990280000_Variances_11-09-2017Variances 2 Barcode 128 1199096 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/14/2017 11:10 AM Date Stamp recbvedC-Jcsj 03 FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N C3LO ucri 6 2017 L/\ND&RESOBRCt'03 (vJANNEDMLL&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 /l/On -COMPLETE THIS APPLICATION IN INK Receipt Number UM \0 vu-nAccepted By / Date Terry Nc/sqo fey DAYTIME PHONEPROPERTY OWNER WMlAnrVOhMAILING ADDRESS RD__LAKE CLASS__ Sucrdtu p RofSru LAKE NAMELAKE NUMBER /4-t/33TOWNSHIP Sl-OOcD-9<=i - 02SO-0(dO 51-000 -CjQ -CiZ.3 ( -OOP RANGE TOWNSHIP NAMESECTION PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION I / / 'W'2ills kos'T BcscK koTs / f R TYPE OF VARIANCE REQUESTED (Please Check) structure Setback }( Structure Size____Sewage System Cluster WECSSubdivision Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. W recjL^eST/o^ a. \03.^\'xtoce. 0-9 ^‘3 -TT 'hv^k Tk'tSiooMlk LfS 7b Cotosro'ueT T6 V 20^ C)-P <^u.r f)oix\^ UjLcL 7TTT LkorOv kJOiTtr OWN. 7 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. SIGNATURE OF PROP^Y OWfJER / AGENT FOR OWNER // /' DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) SIO'79 TimeDate Of Hearing Motion Terry and Vickie Nelson - Variance application approved as requested. (7:31 p.m.) After discussion and consideration, Darren Newville made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 25’ from the required ordinary high-water level setback of 100’ for the construction of a 28’ by 20’ second level addition over a portion of the existing dwelling located 75’ from the ordinary high-water level as depicted on the drawing submitted with the variance application dated October 16, 2017. It was noted that the proposed development is within the existing footprint of the existing development. It was noted that the variance as approved is consistent with past decision of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No nimiCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 08232017-001 September 14, 2017Page I 7 364,738 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 Terry and Vickie Nelson - Variance application approved as requested. (7:31 p.ni.) V Terry and Vickie Nelson, Lots 1 and 2 Walls Lost Lake Beach, East Lost Lake in Sverdrup Township, requested the following: We are requesting a variance of 25’ from the ordinary setback of 100’ from the ordinary high water. This would allow us to construct a 28’ by 20’ 2"*’ level over a portion of our home which is 75’ from the ordinary high-water level. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 25’ from the required ordinary high-water level setback of 100’ for the construction of a 28’ by 20’ second level addition over a portion of the existing dwelling located 75’ from the ordinary high-water level as depicted on the drawing submitted with the variance application dated October 16, 2017. It was noted that the proposed development is within the existing footprint of the existing development. It was noted that the variance as approved is consistent with past decision of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. LeRoy and Monica Rosin - Variance application approved as requested. (7:36 p.m.) LeRoy and Monica Rosin, Lot 1 Block 1 Rolling Hills, Elbow Lake in Everts Township, requested the following: we wish to build a new house and attached garage which shall be no closer to the ordinary high-water level than 161’ 8”, therefore requiring a 38’ 4” variance from the ordinary high-water level setback of 200’ on this side of the lake. The audience was polled with no one speaking for or against the variance as requested. Scott Demartelaere appeared at the public hearing with the applicants. A letter from Mary and Jim Houselog in support of the variance application was read for the record. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and carried with Chris McConn abstaining, to approve the variance as requested in the variance application dated October 17, 2017 and as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is an existing fiber optic cable easement and an existing gravel pit. It was noted that the proposed location is a very reasonable location. The variance as approved will provide the applicants with a reasonable use and enjoyment of their property. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Breiiton and Jennifer Larson - Variance application approved as requested with condition. (7:42 p.m.) Brenton and Jennifer Larson, Lot 1 Oak Haven Beach Third Addition, Tamarack Lake in Scambler Township, requested the following: proposed dwelling location does not meet setback requirements. Proposed building replaces existing building at the same setback to the ordinary high-water level, proposing to replace existing deck with new not to exceed required impervious in shore impact zone. Also proposing to move and rebuild privacy fence. New fence will be 6’ in height and 264’ in length along road right-of-way. Requesting variance to road right-of-way at closet point fence would be 6’ from road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Charles Grotte, Assistant County Engineer, in support of the applicants’ request with conditions was read for the record. After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously canned, to approve the variances as requested in the application dated October 14, 2017 and as depicted on the drawing submitted with the variance application with the following conditions: 1.) If in the future the fence needs to be removed for the reconstruction of CS AH 9 of other major highway work, the fence will be removed as needed at the owner's expense for the County to perform the work, and 2.) No other structures will be allowed within the 20-foot setback area behind the fence. It was noted that the proposed development will be no closer to the lake than the existing development. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development of this parcel. Matthew and Christine Myrvold - Denied. (7:48 p.in.) Mathew and Cliristine Myrvold, part of Lot 1 and 2 Cha Rosa Beach, Lot 2 Block 2 Cha Rosa Beach First Addition, and part of Government Lot 2, Section 12 of Scambler Township by Pelican Lake, requested the following: Proposed structure will be 25’ 9” only 20’ is allowed - would like variance so RV can be parked inside structure. Also requesting to exceed the total impervious surface. Proposed to be at 40.8%. The applicants were represented at the public hearing by their contractor. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, seconded by Chris McConn and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. It was noted that this is an open lot and a reasonable use of this property can be obtained without the granting of the requested variance. N 0 \- e m b e r 9 . 2 0 17Page 3 of 5 ! SCALE DRAWING FORM 57 Ooo 99 ozs>o o<^o f sr-ooo Qq c>z& \ oe?o Tax Parcel Nutnber(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, drainfieids, lotiines, road right-of-ways, easements, OHWLs, welis, wetlands and topographic features (i.e. biuffs). Must also complete the Impervious Surface Calculation (see back).; I - z<:::)Scale ' X/'. J V I. I skcj.□5^ (ieratkc<i apaTjt?A) 33fe?SrQ6>NjQCg-T^ rrtc<^yd oi 53 PQT)0fkt»o -.fitin ! 1 in 360.800 • Vicicx Lundeen Co Printers • Fergus Falls. MN • 1 •800-346-4870BK —042016 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): /^^G'2— Buildings Other Impervious Surface ProposedExistingProposedExistingFt^Ft^Ft^Ft^ Deck(s)/a/2-Dwelling Patio(s)Attached Garage Sidewalk(s)a>^oDetached Garage /^O Landing(s)Storage Shed yaoDriveway(s)WOAS O' iParking Area(s)RCU -G- Retaining Wall(s)Miscellaneous -©■ Landscaping (Plastic Barrier) Miscellaneous TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Lot Area Impervious Surface Ratio Proposed TotalExisting Ft^Ft^ Ft^Ft^Total Buildings ZZ7Z.Zzr?2-'1^~e-/■S>Sb2,100+-7-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Ft^ Ft^Ft^ Ft^ /?,Sp2_100+X Impervious Surface Calculation Worksheet 04-11-2016 DateSignatures 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.6tter-tail.mn.usOTTCR TIIIL e t • Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Terry and Vickie Nelson PO Box 148 Milnor, ND 58060 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, November 9, 2017 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 shpiild contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lots 1 and 2 Walls Lost Lake Beach, Property Address - 33546 Bullrush Drive - 56586 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: We are requesting a variance of 25’ from the ordinary setback of 100’ from the ordinary high water. This would allow us to construct a 28’ by 20’ 2"'* level over a portion of our home which is 75’ from the ordinary high water level. Stein Board of Adjustment Secretary October 20, 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 20th, day of October, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Terry L & Vickie L Nelson, PO Box 148, Milnor, ND 58060 148 MarJean Martelle, Twp Clerk of Sverdrup, 33436 Jensen LN, Underwood, MN 56586 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 Darren M Newville, 614 6**’ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Jack Rosenthal, 150 VViMow RD, Ottertail, MN 56571 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 20th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud DAVID & JANET BEDDOW 234 WOODRIDGE LN LINO LAKES, MN 55014 5439 RANDAL G & THERESA A BUHL 28000 REDHEAD DR UNDERWOOD, MN 56586 9258 JANET BEDDOW 234 WOODRIDGE LN LINO LAKES, MN 55014 5439 LARRY B JOHNSON 33638 COUNTY HIGHWAY 1 UNDERWOOD, MN 56586 9257 PAUL HOLZEMER 721 PARKVIEW LN MADISON, MN 56256 1618 DECCA PROPERTIES 2202 12TH ST N FARGO, ND 58102 1804 RAMON E & BEVERLY A LONG 33556 BULRUSH DR UNDERWOOD, MN 56586 9328 EMIL J & CYNTHIA J KVIDERA 812 OAK ST BRECKENRIDGE, MN 56520 1006 CALEB & JOSHUA KEHRWALD 3219TH AVES WAHPETON, ND 58075 4932 JOSEPH R MORGAN 33394 COUNTY HIGHWAY 1 UNDERWOOD, MN 56586 9257 MERLYN L MINDEMAN ET AL 33480 BULRUSH DR UNDERWOOD, MN 56586 9328 JOHN & KATHY A MCCALLUM ET AL PO BOX 1003 FERGUS FALLS, MN 56538 1003 BRUCE & CAROL PEASLEY 2003 VENUS CT PARK CITY, UT 84060 7003 JERRY 8i JUDY OREN 504 14TH AVE N WAHPETON, ND 58075 3609 TERRY L& VICKIE L NELSON PO BOX 148 MILNOR, ND 58060 148 DAVID D & KELLY I SCHROEDER 29774 RIVERVIEW RD FERGUS FALLS, MN 56537 7937 LINDA H RUDE ETAL PO BOX 442 FERGUS FALLS, MN 56538 442 MARKRODNING 408 LINCOLN AVE W FERGUS FALLS, MN 56537 2008 HERMAN & SALLY WIELAND 2618 MEADOW CREEK CIR S FARGO, ND 58104 7111 STEVEN A JR & SILVIA TRIDEN 403 CONGRESS ST N ABERDEEN,SD 574013015 MITCHELL D & TYERA M SEBENS 13994 80TH ST SE MILNOR, ND 58060 9704 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US^irCRTflll GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS. MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER & MARCH 31^'^ 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 5’7-0<50 '‘^9- -cDOOproperty/project (Tax Parcel # - (DO o \ described Da Application(s) datedon my 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: jzi I agree to waive the 60-Day Rule In order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I 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 alternative but to deny my Application(s). DATED PROPERTY OWNER LR: Forms: Waiver 60 Day Rule 02-21-2017