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Home My WebLink About32000060049001_Variances_11-13-2014Variances Barcode 128 II- I3-20IH DOC# 1151621 Date Stamp OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: November 17, 2014 1:00 PM Brian Armstrong, Recorder 1151621 Fee: $46 00 Well Certificate [ ] Rec’d 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 -pyy ______LAKE CLASS PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS LAKE NUMBER LAKE NAME 6 Ac>SECTION TOWNSHIP TOWNSHIP NAMERANGE PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure SizeStructure Setback Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR RU^BLIC I^OTIFICATIOr^ , . \yk3<ri 1'^ VYVir/trsAg-'{^g|/l/LVY<Z:iYi\^,!>/_2.iP \Ajof\^ tT/ / I 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. I4 V DATESIGNATURB OF^OPERTY OWNER / AGENT FOR OWNER PLICANT MUST BE PRESENT AT THE HEARING SCANNED(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lundeen Co , Printers • Fergus Falls, Minnesota 2' Date Of Hearing Time Motion Donna Hogberg - Approved the variance application as requested. (6:48 p.m.) After consideration and discussion, Paul Larson made a motion, second by Ward Uggerud and unanimously carried, to approve a variance of 40’ from the required side lot line setback of 65’ and to approve a variance of 18’ from the required ordinary high water level setback of 20’ for the placement of an 8’ by 20’ deck 25’ from the side lot line and 2’ from the ordinary high water level. The hardship/practical difficulty is the terrain features of the applicant’s property and safety concerns for the property users. The variance as approved will provide the applicant with a reasonable use of the property. It was also noted that if the applicant had constructed a platform it would have been a legal structure not requiring a variance; however the addition of the handrails created the need for the variance. The handrails are needed for safety. Chairma(n/6tter Tail 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 L R Official/Date bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, November 13, 2014 The Otter Tail County Board of Adjustment met Thursday, November 13, 2014, with the following persons in attendance; Thomas Lee Rick Wilson Michael Harris Steve Schierer Kyle Westergard, Land and Resource Management Bill Kalar, Land and Resource Management (Part of the Meeting) David Hauser, County Attorney Paul Larson Ward Uggerud Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the October 9, 2014 meeting as mailed. The Board of Adjustment considered the following applications for variance: Joe and Karla Cummings - Variance application approved with a modification. (6:33 p.m.) Joe and Karla Cummings, Lot 3 Block 1 Oak Ridge Estates Third Addition, Wimer Lake in Hobart Township, requested the following: To build a boardwalk that is a total of six feet in width. Current ordinance only allows a four foot wide boardwalk. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve the construction of a boardwalk having a maximum width of 5’. The variance as approved will provide the applicants with a reasonable use of their property. W. Scott and Susan Sayer - Approved the variance as requested with a condition. (6:37 p.m.) W. Scott and Susan Sayer, part of the South Half of the Northeast Quarter, Section 9 of Eagle Lake Township by Middle Lake, requested the following; On August 13, 2014, the Planning Commission put forth 4 conditions to us. 3 conditions have been met and inspected with verbal confirmation by Bill Kalar. The 4*^ condition is “The fish house is relocated to meet the required setbacks”. If you look at the aerial view of the property the black dotted line is the trail from the road, through the trees, to the lake. The blue outline is the shoreline of the lake. The red square is an old dilapidated pig barn with a concrete base structure. I therefore am asking for a variance, to clear away the old barn (red square) and relocated the fish house amongst the trees and shrubs. Out of site and view for the neighbors. Acceptable upon completion in the spring and inspected by Bill Kalar. Proposing to relocate the fish house to the former barn location being no closer than 19’ to the current water. 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 Ward Uggerud and unanimously carried, to approve the variance as requested/described in the variance application dated October 14, 2014 with the condition that the relocated fish house must be placed at least 20’ from the ordinary high water level. It was noted that the applicants’ proposal is an improvement over the existing property condition as it will result in the cleanup of the pig barn site. The hardship/practical difficulty is the terrain features of the property. The proposed location is away from the main lake, is in a highly vegetated area and will place the fish house in a location that is out of site and that will not obstruct view from neighboring properties. The suggested date for project completion was May 1, 2015; however, compliance and enforcement will be handled through the Land and Resource Department. ^Donna Hogberg - Approved the variance application as requested. (6:48 p.m.) Donna Hogberg, part of Government Lot 1, Section 6 of Hobart Township by Lake Six, requested a 40' variance from the required side lot line setback of 65’ and a variance of 18’ from the required ordinary high water level setback of 20’ for the placement of an 8' by 20’ deck 25’ from the side lot line and 2’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. Kirk Hogberg, the applicant’s son, represented the applicant at the public hearing. SOMHED November 13, 2014 Page 2 ^/^Donna Hogberg - Approved the variance application as requested. (Continued) (6:48 p.m.) After consideration and discussion, Paul Larson made a motion, second by Ward Uggerud and unanimously carried, to approve a variance of 40’ from the required side lot line setback of 65' and to approve a variance of 18' from the required ordinary high water level setback of 20’ for the placement of an 8’ by 20’ deck 25’ from the side lot line and 2’ from the ordinary high water level. The hardship/practical difficulty is the terrain features of the applicant’s property and safety concerns for the property users. The variance as approved will provide the applicant with a reasonable use of the property. It was also noted that if the applicant had constructed a platform it would have been a legal structure not requiring a variance; however the addition of the handrails created the need for the variance. The handrails are needed for safety. Sunrise Properties - Tabled per applicant’s request. (6:58 p.m.) Sunrise Properties, Lots Six and Seven, Block B Hursh’s First Addition to Linden Park and part of Government Lots 1 and 2, Section 26 of Girard Township by East Battle Lake, requested the following: Relocating structures from tier 1 to tier 2. Increasing the total number of units from 26 to 29. The maximum allowable density is 8. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion and with the applicant’s written consent (email dated November 12, 2014), Thomas Lee made a motion, second by Michael Harris and unanimously carried, to accept the applicant’s request to table this hearing until a future meeting date to allow the applicant an opportunity to attend the public hearing. Wayne Kolle — Approved the ordinary high water level setback variance as requested and denied the variance as requested for the septic system. (7:00 p.m.) Wayne Kolle, part of Government Lot 1, Section 9 of Tumuli Township by Mud Lake, requested a variance of 50’ from the required ordinary high water level setback of 200’ for the location of a building site 150’ from the ordinary high water level and a variance of 50’ from the required ordinary high water level setback of 150’ for the location of the primary septic system 100’ from the ordinary high water level. Glenn Howe, Surveyor represented the applicant at the public hearing. A letter from the Richard West, Otter Tail County Highway Engineer stating that if the variance is granted the easement would be released was read for the record. 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 Rick Wilson and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 200’ for the location of a future building site 150’ from the ordinary high water level and to deny the variance as requested for the primary septic system. The hardship/practical difficulty is the unique shape of this approximately 8 acre parcel. The variance as approved and the release of the highway easement will provide a reasonable use of this property. Sam and Gwen Humann - Approved the variance application as requested. (7:22 p.m.) Sam and Gwen Humann, part of Government Lots 6 and 8, Section 25 of Dead Lake Township by Dead and Alice Lakes, requested the following: Replace existing dwelling and detached garage with new dwelling with attached garage at 75’ from the ordinary high water level. Required setback is 200’ requesting a variance of 125’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Michael Harris and unanimously carried, to approve a variance of 125’ from the required ordinary high water level setback of 200’ for the placement of a new dwelling and attached garage 75’ from the ordinary high water level as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is the location of a lake on two side of the property which makes it impossible for the applicants to meet the required 200’ setback. Faye Engkjer - Approved the variance application as requested. (7:27 p.m.) Faye Engkjer, Lot 10 Bowery Beach, Pelican Lake in Dunn Township, requested the following: Proposing to replace the existing septic system with pressure bed. The septic system being 3’ from property line and 12’ from the dwelling, required setback is 10’ from property line and 20’ from dwelling. Patricia Stock, A-1 Septic 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, Rick Wilson made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 7’ from the required lot line setback of 10’ and to approve a variance of 8’ from the required 20’ setback from a dwelling for the placement of a septic system 3’ from the lot line and 12’ from the dwelling. The variance as approved will provide the applicant with a reasonable use of her property. It was also noted that the proposed location is the best, if not the only location for the proposed system as stated by a licensed system designer/installer. SK SCALE DRAWING FORM/ oonr)Srxj Tax Parcel Number(s) i The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). U)'/''r3o' Scale i r ■V I 7-i1'' = 6c7 ; O I W L +-•- / A.S oj UL ^ jigeattn^ o^roperty^^ngt^ X Date BK — 032014^354,120 • Victoi Lundeen Printers • Fergus Palls, MN • 1-800-346-4870i! IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. la(z.o((iLot Area (ft^):Date:Signature: Other Impervious SurfaceBuildings ProposedExistingProposedExisting1-1.2 \k/cx Ft^Ft^Ft^Ft Km Deck(s)Dwelling ■'UKi;:.Patio(s)Attached Garage A TTSSidewalk(s)Detached Garage Storage Shed WOAS V(. ^ S’Landing(s) Driveway(s) Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous ZRS^2,Roz.TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaTotalExisting Proposed Ft^Ft^ Ft^Ft^Total Buildings =1 z^rZ:?2.\42d;3cxi =Z60Z <z>ry.n-j^100+X Buildings + Other Impervious Surface Percentage Maximum Aliowable 25% Lot Area Impervious Surface Ratio TotalProposedTotal Buildings + Other Impervious Surface Existing Ft^Ft^Ft^Ft^ \AzAZ>cr)\A o,fr^100+X Impervious Surface Calculation Worksheet 03-25-2014 WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^ 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 property/project (Tax Parcel # described in my \/7vr/7.Application \o('2^ol \l.dated 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: 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). RTY OWNER 01-03-2011 Mbowman app &forms~ waiver 60 day rule Notice of Hearing for Variance m Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us OTTEHTAII Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Donna Hogberg 211 North 7'^ St. Bayport, MN 55003 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 13, 2014 at 6:30 p.m.3 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 1, Property Address - 51988 Lake Six Road Section 6, Township 137, Range 40 - Township Name - Hobart Lake No. 5^369, Lake Name - Six, Class - RD The variance requested is - a 40’ variance from the required side lot line setback of 65’ and a variance of 18’ from the required ordinary high water level setback of 20’ for the placement of an 8’ by 20’ deck 25’ from the side lot line and 2’ from the ordinary high water level. ‘Wayne Stein Board of Adjustment Secretary Date: October 24, 2014 UiJJ ‘ / • 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 24th, day of October, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Donna Hogberg, 211 7*” St N, Bayport, MN 55003 1134 Debi Moltzan, Twp Clerk of Hobart, 47634 353'^'^ Ave , Frazee, MN 56544 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 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 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 24, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: \Ci- _____ Vi Manderud THOMAS G & LAURA S BAUER 407 JEFFERSON AVE GLENCOE, IL 60022 1825 KATHRYN ANN ELLINGSON 3037 19TH ST S FARGO, ND 58103 6754 JULIE ETALBJELLAND 735 HOLMES STS SHAKOPEE, MN 55379 2361 CARL H & BERTHA A MALVICK 51964 LAKE SIX RD FRAZEE, MN 56544 8916 NORMAN HEATH &. KELLI HANNINEN 51888 LAKE SIX RD FRAZEE, MN 56544 8916 DONNA HOGBERG 211 7TH ST N BAYPORT, MN 55003 1134 RICHARD & MARLENE PETERSON PO BOX 65 FREEBORN, MN 56032 65 GREGORY J & SHARYL K OGARD 51900 LAKE SIX RD FRAZEE, MN 56544 8916 JOSEPH G & SHIRLEY MANNING 1219 IITH STS FARGO, ND 58103 3121 L