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Home My WebLink About28000040028003_Variances_07-07-20111-1-Zoll 1094640 DOC# 1094640 1094640 Fee: $46 00 Well Ce'tificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded July 13. 2011 10:00 AM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By: NDB 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 COApplication Fee A/ytij k iS'll COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date <a/ZTcS(7] icA<s.//L DAYTIME PHONE ^ ^ W/ F___________ r<5’<3PROPERTY OWNER MAILING ADDRESS US L u rn ^ , /7T/V ~7^ n -~5 ctA LAKE CLASS /V ^LAKE NAME /Jy RANGE LAKE NUMBER Fr / r9TOWNSHIP NAMETOWNSHIPSECTION UofxC - ilV OiriYi^vVtu| Ten‘^fhE-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION pf (:nU? " IVaI (tr /III (im! {ksrflphon TYPE OF VARIANCE REQUESTED (Please Check) y Misc.Sewage System i Subdivision ClusterStructure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Below are the reasons we are requesting a 100 foot structure setback and a 75 to 100 foot septic sewer system setback from the ordinary high water line on Tonseth t.ake: • Lake reclassification. We purchased and plattS^this lot in 2003. Until 2 years ago, this lot had an ideal location for building our dream home 100 feet from the OHWL. Now Tonseth Lake has been reciassified from a Recreational lake with a 100 foot structure setback to a Natural Environment lake with a 200 foot structure setback. We understand that this was done on all lakes in under 150 Acres, however Tonseth Lake is listed at 156 Acres on the DNR 1999 web site.• Terrain f^graphy issue. Setting the house 200 feet from the OHWL would eliminate a good home building site. 100 ft from the OHWL is the highest point on the lot. The lot slopes down fast from the 100 ft to the 200 ft from the OHWL» There is a large wetland about 400 feet from the OHWL which has water a good portion of the summer and would be detrimental to building close to it. • Septic tank issue: Placing the septic tank closer to the wetland could also be a drainage issue. 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 & RESOURCE MANAGEMENT REGARDING THIS MATTER. c DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) c/C «ac^ r\ J~Tr/^cTc- ^ /(i5^ PooT -9 ^90//.?,/Sr f/n.TimeDate Of Hearing ?;a: Motion Jonathan & Michelle Freeland - Approved the application as requested with a condition. (8:15 p.m.) After consideration and discussion, Michael Harris made a motion, seconded Paul Larson and unanimously carried, to approve the variance as described in the variance application dated June 15, 2011 and as depicted in the drawings submitted with the variance application with the condition that no part of the area proposed for development is within the bluff impact zone or within the required bluff setback area. The applicants' practical difficulties are terrain, topography and wetland features of this property. It was also noted that the area proposed for development will not obstruct the view from the adjacent properties and any runoff from the proposed development will go towards the wetland and not the lake. Chairman/Otter Tail CounfyBoard of A^ustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No V}&/7-/97- L R T)fficial/Date //Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 ' 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota r ;. !8 AND l-/Md I ll«^« METES 30'JNCS ■ * \i Si ‘ s I <b' "N N \s\ \\N89‘02’jr’ eV 664.75 4 'i's \ s ^ \? 1 3mJ.07 ACRES\-IJO »I ///X •>3kN.720.S5 { S WQ2*jr ’ IT X ru7 y ✓I ✓ 5. r2 ^C‘/?£S‘ o is\ /r>/I \Iy<LATHMB9-03'3T' £T i791.44 i « i <2- TTh fcFfK:rN O ^ u N X 502.42 X ^'<vv:7 7 7.42 N8B'54' 3T '£■ Z- cT^ ^ uJ« ~7 Ordinary high water Tonseth lake. i<- FREELAND,JONATHAN& MICHELLE J Section 4,twp134,r42 Tonseth Lake 100 feet 28000040028003 Proposed septic ^-----C----- \l/ o [. [,Proposed dwelling [, Scale; 1" = 30'/Drawn and Preliminary Design by ^— 30.00' —^ Super Septic & Excavation 38992 183rd Ave Pelican Rapids, MN 56572 License #901 218-863-3373 proposed waterlinefo shared well — Setback Line — Lot Line -----Sewer Line & Drain Field ----Structures ■ July 7, 2011 Page # 4 Robert and Crystal Asche - Approved the application as requested with a condition. (8:02 p.m.) Robert and Crystal Asche, Lot 15 of Reserve Lot E of Haggstrom’s Subdivision of Reserve Lots E and F of Haggstrom's Beach and Lot 20 of Haggstrom Beach Third Addition, Pickerel Lake in Maine Township, requested the following: Requesting to add a 12’ by '22.5' screen porch to existing lake home. The proposed addition will be 45’ from the ordinary high water level. Asking for a 55’ variance, as the required setback is 100’ from the ordinary high water.level. This new addition meets the requirernents of the string-line test, as it will be 12’ behind the string-line. Precedence has been established, as a variance was approved on lot next door to the West, with a setback of only 29.5’ from the ordinary high water level. Current horrie has about 650 square feet of living space, and is simply too small when our family joins us at the lake. The audience was polled with no one speaking for or against the variance as requested. A letter in support of the variance as requested from Erwin and Marilyn Wahlgren, Brad and Kim Pauly, Lowell and Doris Wilcox and Joe and Lori Formaneck was read for the record. After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and carried with Michael Harris voting no, to approve the variance as described in the variance application dated June 13, 2011 and as depicted on the drawing submitted with the variance application with the condition that no more than 25% of the eligible lot area can be covered with impervious surfaces. It was noted that the variance as,approved will provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. It should also be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Daniel Kasowski - Approved the variance application as requested. (8:10 p.m.) ■Daniel'Kasowski, Lot 16 Block 3 Pelican: Beach, Pelican and Duck Lakes in Scambler Township, requested the following: Proposing to construct a 28’ by 30’ detached garage being approximately 127’ from the ordinary high water level of Duck Lake. Requesting a variance of 73’ from required ordinary high water level. The required setback is 200’. Derek Jensen, Contractor appeared with 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, seconded by Thomas Lee and unanimously carried, to approve a variance of 73’ from the required ordinary high water level setback of 200’ for the construction of a 28’ by 30’ detached garage being 127’ from the ordinary high vyater level of Duck Lake. The applicant noted that the existing 8’ by 16’ shed will be removed once the new structure has been completed. The applicant’s practical difficulty is the terrain.and the underground creek. It was also noted that there is a county road between the applicant’s property and Duck Lake. [^...d^athan & Michelle Freeland - Approved the application as requested with a condition. (8:15 p.m.) Jonathan and Michelle Freeland, part of Government Lot 8, Section 4 of Friberg Township by Tonseth Lake, requested the.following: Below are the reasons we are requesting a 100’ structure setback and a 75’ to 100’ septic sewer setback from the ordinary high water line on Tonseth Lake. Lake reclassification. We purchased and platted this lot in 2003. Until 2 years ago, this lot had an ideal location for building our dream home 100’ from the ordinary high water level. Now Tonseth Lake has been reclassified from a Recreational Lake with a 100’ structure setback to a Natural Environment Lake with a 200’ structure setback. We understand that this was done on all lakes in Otter Tail less than 150 acres; however, Tonseth Lake is listed at 156 Acres on the DNR 1999 web site. Terrain Topography issues. Setting the house 200’ from the:ordinary high water level would eliminate a good home building site. 100’ from the ordinary high water level is the highest point on the lot. The lot slopes down fast from the 100’ to the 200’ from the ordinary high water level. There is a large wetland about 400’ from the ordinary high water level which has water a good portion of the summer and would be detrimental to building close to it. Septic tank issue: Placing the septic tank closer to the wetland would also be a drainage issue. The neighborhood has been developed when it was a 100’ setback. Glenn Freeland represented the applicants at the public hearing: The audience was polled with no one speaking for or against the variance as requested. ' After consideration and discussion, Michael Harris made a motion, seconded Paul Larson and unanimously carried, to approve the variance as described in the variance application dated June 15, 2011 and as depicted in the drawings submitted with the variance application with the condition that no part of the area proposed for development is within the bluff impact zone or within the required bluff setback area. The applicants’ practical difficulties are terrain, topography and wetland features of this property , It was also noted that the area proposed for development will not obstruct the view from the adjacent properties and any runoff from the proposed development will go towards the wetland and not the lake. 1 Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW 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; Jonathan and Michelle Freeland 45 Luverhe Ave Minneapolis, MN 55419 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 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 7, 2011 at 7:30 p.m., in the Commissioners’Room of the Otter Tail County Gdvernrnent 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 8, Property Address - Use the Driveway of 24647 Tonseth Lane Section 4, Township 134, Range 42 - Township Name - Friberg Lake No. 56-690, Lake Name - Tonseth, Class - NE ■'t The variance requested is - the following: Below are the reasons we are requesting a 100’ structure setback and a 75’ to 100’ septic sewer setback from' the ordinary high water line on Tonseth Lake. Lake reclassification. We purchased and platted this lot in 2003. Until 2 years ^ago, this lot had an ideal location for building our dream home 100’ from the ordinary high water level. Now Tonseth Lake has been reclassified from a Recreational Lake with a 100’ structure setback to a Natural Environment Lake with a 200’ structure setback. We understand that this was done on all lakes in Otter Tail under 150 acres, however, Tonseth Lake is listed at 156 .. Acres on the DNR 1999 web site. Terrain Topography issues: Setting the house 200’ from the ordinary high water level ' would eliminate a good home building site. 100’ from the ordinary high water level is the highest poiiit on the lot. The lot slopes down fast from the 100’ to the 200’ from the ordinary high water level. There is a large wetland about 400’ from the ■ ordinary high water level which has water a good portion of'the summer and would be detrimental to building close to it. Septic tank issue: Placing the septic tank closer to the wetland would also be a drainage issue. The neighborhood has been developed when it was a 100’setback. Wc^ne Stein Board of Adjustment Secretary Date: June 16,2011 - ;,■ - • OTTER TAIL COUNTY Fergus Falls, Minnesota i 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 17*'^, day of June 2011 the^attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jonathan and Michelle Freeland - 45; Luverne Ave., Minneapolis, MN 55419 Duane Mavis, Township Clerk - 30066 275*^ Ave., Erhard, MN 56534 Lake Association - None Lake Improvement District - None Otter Tail County Cola, C/0 John Matteson - 23562 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer - 505 S. Court St., Suite #1, Fergus Falls, MN 56537 Department of Natural Resources - 1509 1 Ave N., Fergus Falls, MN 56537 DNR Regional Administrator-2115 Birchmont Beach Road NE, Bemidji, MN 56601 i 1.- :■■■ Board of Adjustment; Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672 Paul R. Larson - 21283 County Highway 65, Henning, MN 56551-9573 Thomas (Tom) Lee - 15600 County Highway 118, Elizabeth, MN 56533-9559 Randall Mann - 532 N Ann St., Fergus Falls, MN 56537 R. Stephen Schierer - 32117 260*'’ Ave, Erhard, MN 56534' Dave Trites - 20944 Westwood Dr., Clitherall, ,MN 56524 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 17, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud \ i . KEVIN D & SUSAN A BEYERSTEVEN H ANDERSON ' 9024 15THAVES BLOOMINGTON MN. 55425 2220 LINDA, BOWHALL 24745 TONSETH LN ERHARD MN 56534 9447PO BOX 172 CHOKIOMN 56221 0172 WILLARD & CINDEY COLLINS TST 24701 TONSETH LN ERHARD MN 56534 9447 GLENN R & JOANNE T FREELAND 24797 TONSETH LN ERHARD MN 56534 9447 JASON & CINDY FREELAND 1180 LEXINGTON PKWY N SAINT PAUL MN 55103 1032 •r ■ THOMAS R & PATRICE V HARLEY 1200 PIKE RD E INDIANA PA 15701 8950 KEVIN D & MARY C JOHNSON 24664 TONSETH LN ERHARD MN 56534 9447 JONATHAN & MICHELLE FREELAND 45 LUVERNE AVE MINNEAPOLIS MN 55419 2623 •.r, ROBB & BRENDA MILLER ET AL STEPHEN F NAGLE 24702 TONSETH LN ERHARD MN 56534 9447 JOEL K MILLER , , 12329 STATE HIGHWAY 220 SW EAST GRAND FORKS MN 56721 9016 PO BOX 264 PELICAN RAPIDS MN 56572 0264 HARLAN SHUCK & ROBERT SAMPSON 24396 EMERY DR ERHARD MN 56534 9457 MARSHA & DAVID THORSON 33102 COUNTY HIGHWAY 3 ERHARD MN 56534 9456 CARL J & DIANE ESELVIG 24680 TONSETH LN ERHARD MN 56534 9447 i I -i. :■