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HomeMy WebLinkAbout27000190130001_Variances_07-05-2012.■.'r;C5iZ.Ol2^1111783 r:DOC# 1111783Date Stamp liiiiii III iiiiiliiiiii III OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: July 09, 2012 1:00 PM Wendy L. Metcalf, Recorder 1111783 Fee: $46.00 Well Certificate [ ] Rec'dRECEIVED JUN 0 6 2018 LAND & RESOURCE Returned To: LAND & RESOURCE %By: LLL&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-^c:^V>C>. Receipt Number \ Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK 5f Sf) Sl6Bf DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS NUMBER 9^Lin m eg/4^LAKE CLASSLAKE NAME TOWNSHIP /3'3i RANGE 3 ^ TOWNSHIP NAME LAKE ) c)II.€- ASECTION E-911 ADDRESS PARCEL NUMBER g.7~ 6/3 - 600! /O ^75^" e 5 J^6 LEGAL DESCRIPTION Ccr 9. TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X Structure Size Sewage System __Subdivision WECSCluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Joc< •' /cJ^ k /J ^<L-f /-toK fo C^-^^\<LouO C^ld/V ih> fuAu / ^ 9 5 5 T't^. ( ?iTopd)^dl .\ -h) W ' [dC^O^ VjoWI hi /"Ax:. Se.~i- ioqCK5V\ -c.3LKY-UC ^ . -f-o Jol', I J!(A7^if/14) Ci. 5 J9 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 RESPONSIBILI RESOURCE MANAGEMENT REGARDING THIS M JiTTER. Consi !/ /®V'—^ /c2. 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, Minnesota TimeDate Of Hearing Motion Ruth and Nate Hanson - Approve the variance application with a modification. (6:43 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of the proposed cabin and deck and for the location of a future garage 100’ from the ordinary high water level. The hardship/practical difficulty is the terrain of the applicants’ property. The variance as approved will place all new development outside of the shore impact zone. Otter Tail Courifyeoard o^djustmentClTaifman, Permlt(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R ‘Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 ■ '. '’{'It-'': ■ ■ V *,,4;.y^V -':- ■• “l'.‘-'ill- l if WARRAKTY DMD._ ladividu&l to lAdMduol Form No. 1 ______ liinneeoto Uoilorm Cooveyancioc Blanks OBI i I^ tEIfta , 193.0.,Augustday of het^en.___Selmer A. Halvorson and Margaret Halvorson, hujsband and wife. Made this It of the County of. part^^.§.__of the first part, and..___ Minnesota..................and State of...... Ruth M. Halvorson f i Otter Tail Minnesotaand State of.of the County of. party..........of the second part, WUnesseth, That the said part.%.^.^......of the first part, in consideration of the ONE DOLLM Jy^D .OTHER. GOOD,. AND . VAL.y^LE .CONS.I^^^ I ■ » sum of.to....them acknowled§ed, do second part,____ of land lying a?id being in the County of described as follows, to-wit: in hand paid by the said partY. hereby Grant, Bargain, Sell, and Convey unto the said partY. of the seconB, part, the receipt whereof is hereby of the __heirs and assigns, Forever, all the tract.... or parcel.... Otter Tail.................................and State of Minnesota, h er s e 1 f ji.... he r i;i Commencing at theA tract of land described as follows, to-wit; Southeast corner of Section Nineteen (19), Township One Hundred Thirty-two (132), Range Thirty-eight (38), thence westerly along the South line of said section a distance of 48 rods to the point of beginning; thence continuing westerly along said South line a distance of 30 rods; thence North 30 rods; thence East 30 rods; thence South 30 rods to the point of beginning. Otter Tail County, Minnesota. ! I !1 i pffirH-is — . 1 — n —ii.—-;; .t ' ••: i'lfSTATE Or. dept. Or Hviinnesota /^yiAXATioN 02. I Q ;i ! ; ^!iDEED“ rvJ=::5TAMP i ;j;t !_>;3B.1U28:i!;:r f ’;i !1 \'. if i \{ STATE DEED TAX DUE HEREON IS $2.20. t i ! i To Have and to Hold the Same, Together with all the hereditaments and appurtenances of the second part, her heirs and assigns, Forever, And the said.. Selmer,.A,....Halvorso.ll..an.d.Margaret ........H.alyo.f'.sm,...-hu.s.band..,axi.d...w.ife.,.............................................of the first part, for.....th.ains.a.lvas.j....thi6it—Acirs, executors and administrators, do with the said part.Y.— of the second pa/-i,.....ha.ir.Sa.l.f.....h.0.r.............. !thereunto belonging or in anywise appertaining, to the said part.Y. ............parf.ies covenant .heirs and assigns, that seized in fee of the lands and premises aforesaid, and fccV.e... good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances. II i I- !fAnd the above bargained and granted lands and premises, in the quiet and peaceable possession of the said part.Y. persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if of the first part will Warrant and Defend. .....of the first part ho3.^...hereunto ..... !i of the second part,....hexaelf ,...her iheirs and assigjis, against all resany, hereinbefore mentioned, the said part.i I In Testimony Whereof, The said part hand...§.----the day and year first above written. 1 A (Selmer A. Haivorson) yr,"- ^ ^ (Margai^t Halvorson) 800j^E]^PAG£j^; I f'.tr \. &©OiC£" #tatc of Minnesota S3. Otter TailCounty of- ^aA day ofThe foregoing instrument was acknowledged before me this 19 by HaIvorson, husband and wife. Selmer A. Halvorson andAugus t Margaret i i -•1Signature1 a V. Masj.’*Ai£ -*->2:? I’Hill*,'CMIW T*M v^J’vn'?^, i. Jt : j ^ i^€»miniMiMe;t^cuD«t.2akl9HC/ !Title (or Rank)I I i Serial Number (if any) £-0^ J-T> / 9’tTJ 1i iTHIS INSTRUM6NT WAS DRAFTED BY ARVESEN, DONOHO, LUMDEEN, HOFF,(Name) SVINGEN S ENGlTSIT P. 0. Box 697 Fergus Fa]J.s, II!56537 (Address) Tax Statement For The Real Property Described In This Instrument Should Be Sent To:i I !Ruth M. HalvorsonName i 56588Vining. MNAddressi 1 i ! I I i. ra i I" 2 iSi 0) 5 O)•Jo . 5 ro a iar I O2 vtc w a1C5 W •D i TQ.1?^ |S ^ \ I ■o sct=i s ■0 -o - (U 0>s Q z c5 °I\ - 0>i’^A cB:»X >c■X >-l -o u(O i^s<0 .y I At o «> E-^ n DC wo»«• <#O O .£t- 0) p. v>a>[I i I11t c: o O O O CD I I p=: Id pcj - ♦-*\^3 0>>§ I' ^Do -g CJac K^ g c c - N» 4)nj 1 3 0) X3 *0 4) O raZ O 1 Cy■g3 > 'o S CDCJ CO r-.'\r SG AIMED Q LU <Co00 CERTIFICATE OF SURVEY N90*00’00’E /\I \/1II I N 1«50 500 100 SCALE IN FEET • INPLACE IRON MONUMENT O 1/2" IRON REBAR WITH PLASTIC CAP STAMPED "RLS 13145", "RLS 42620" OR "RLS 45335" ( ) RECORD DATA / J n1 if/ISIs5G.L. 1 Z z§ iz UNMEANDERED UNNAMED LAKE (NATURAL ENVIRONMENT) VJc-Ci UJG.L 2 IMPERVIOUS AREA CALCULATIONSI Proposed cabin and garage 2,960 s.f. Proposed driveway oiITG.L 3 4,140 s.f. 7,100 s.f. / 244,800 s.f. (5.62 ac.)±r<§3% ImperviousC/3CO 1/2" PIPE RLS 10941cj ILUG.L 4 JI c__J80THST. r \SEC. 19 T 132 N R38W VICINITY MAP I I NO SCALE I IP.K.NAIL S 1/4 COR. SEC. 19 __1/2" pipe' RLS 10941\ R/R SPIKE SECOa SEC. 19/I I1215.14 N90"00'00"W __792.00 N90*00’00"WN90"00'0l'"W >1 SURFACE OF GRAVEL ROAD 1 180TH STREET /'r \5^iI ^5- 28.00rI I 10'5‘I SEC. 19 T 132 N R38Wg PROPOSED g ^ CABIN I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that S am a duly Registered Land Surveyor under the laws of the State of Minnesota. gSon Date: 6/4/2012 • DRAWN BY: EGN • CHECKED: BMN • JOB NO. 7682 s NATE & RUTH HANSONREQUESTED BY:I28.00 § Q.K IMvberg SURVEYINe 509 22ND AVE. EAST, SUITE 101 ALEXANDRIA, MINNESOTA 56308 PH. (320) 762-4111 * FAX (320) 762-4112 www.nybergsurveying.com or>l^ Brad M. NybergDate35l^ ^ ^12—DETAIL License No. 42620 •July 5, 2012 Page # 2 Ruth and Nate Hanson - Approve the variance application with a modification. (6:43 p.m.) Ruth and Nate Hanson, part of the Southeast Quarter, Section 19 of Folden Township by an unnamed lake, requested a variance of 102’ and a variance of 119’ from the required ordinary high water level setback of 200’ for the placement of cabin and deck 98’ from the ordinary high water level and for the location of a future garage site 81 ’ from the ordinary high water level. Dean Kapphahn, Contractor, appears with the applicants at the public hearing. The audience was polled with Paul Halvorson speaking for the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of the proposed cabin and deck and for the location of a future garage 100’ from the ordinary high water level. The hardship/practical difficulty is the terrain of the applicants’ property. The variance as approved will place all new development outside of the shore impact zone. Peter and Karen Dzubay - Tabled. (6:50 p.m.) Peter & Karen Dzubay, Lot 10, St. Lawrence Beach and part of Government Lot 1, Section 13 of Rush Lake Township by Rush Lake, requested the following: 1. Proposed ‘Bay’ feature to current living room would extend 4’ beyond existing structure and be 48’ from ordinary high water. I am requesting a variance of 27’ from ordinary high water level. 2. Proposed garage (w/finish above) would be 16’ from road right-of-way pin markers verses 20’ per ordinance standards. 35’ from edge of road- request 4’ variance. 3. Proposed egress/deck on existing second story of structure would extend 6’ from existing and be 40’ from ordinary high water level. Partially replaces 3 season porch removed in 2011. I am requesting a variance of 35’ 4. No part(s) of proposed additions extend beyond current /historical footprint of existing structure with relationship to setback from road right-of-way or ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer, with the verbal and written agreement of the applicants made a motion, seconded by Thomas Lee and unanimously carried, to table the applicants’ request until the next scheduled meeting of the Board of Adjustment, which will provide the applicants with an opportunity to meet with a representative of the Land and Resource Department and an opportunity to determine if the proposed development can meet the 3’ vertical separation requirement. Rose Ridge Resort - Approve the variance application as modified and with a condition. (7:12 p.m.) Rose Ridge Resort, part of Government Lot 1 and 2, Section 17 of Hobart Township by Rose Lake, requested the following: Proposed dwelling unit would be within 50’ of lot line setback which is an adjacent cluster development driveway. With approval of proposed dwelling, 5 existing structures will be removed within 2 years after completion to enhance lot appearance. Request to be 25’ to lot line. The applicant will file for a conditional use permit upon approval of the variance application. The audience was polled with Barb Olson seeking clarification as to the location of the proposed structure. After consideration and discussion. Rod Boyer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 20’ from the required side lot line setback of 50’ for the placement of the proposed dwelling 30’ from the side lot line with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved will not negatively impact this immediate area. Greg and Jenny Maue - General Discussion (7:20 p.m.) Greg and Jenny Maue submitted a letter dated June 19, 2012 describing the planned improvements to their property and noting the differences from the variance as previously approved in 2003. After general discussion and consideration, the Board noted that the proposed improvements as described are within the spirit and intent of the variance as originally approved. The proposed improvements appear to be less substantial than those previously approved by the Board of Adjustment in 2003. The Board took no formal action as it would not be appropriate to act outside of the receipt of a formal application and the Board has no authority to change the variance that was granted in 2003. 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: Ruth and Nate Hanson 47998 292 St Hudson, SD 57034 Dean Kapphahn 27513 Oak Point Road Elbow Lake, MN 56531 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, July 5, 2012 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 the Southeast Quarter, Property Address - 47281 180*^ St. Section 19, Township 132, Range 38 - Township Name - Folden Lake No. 56-102, Lake Name - Unnamed, Class - NE The variance requested is - a variance of 102’ and a variance of 119’ from the required ordinary high water level setback of 200’ for the placement of cabin and deck 98’ from the ordinary high water level and for the location of a future garage site 81 ’ from the ordinary high water level. Stein Board of Adjustment Secretary Date: June 14, 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 15th, day of June, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Dean Kapphahn, 27513 Oak Point Road, Elbow Lake, MN 56531 Jennifer Howard, Twp Clerk of Folden, 17452 495*^ Ave, Vining, MN 56588 Ruth Halvorson Hanson, 47998 292"'* St, Hudson, SD 57034 6502 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 1®* Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 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 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: June 15th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud SCANNED f JOAN HALVORSON MITCHELL 1510 27TH AVENE MINNEAPOLIS MN 55418 3035 RUTH HALVORSON HANSON 47998 292ND ST HUDSON SD 57034 6502 PAUL A & DIANE HALVORSON 11865 MAPLE RIDGE RD SANDY UT 84094 5646 BETH ANN SWANBERG 620 2ND AVE NE WASECA MN 56093 3354 ROMAN & MARY SUCHY 17730 COUNTY HIGHWAY 59 VININGMN 56588 9544 tOiAKcMvf XMojr\ o {JiDfJ- £L}/\r\ T<9'10-V 6\iot)u> 1HM ‘^£531 SCANNED