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HomeMy WebLinkAbout13000990415000_Variances_09-14-2017A 1196364 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 09/19/2017 11:54 AM CD CO 5 FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD: N RECEIVED JUL I a 2017 LAND 8. RESOURCE X GO p» f.r*DMlL&R Initial • I •«£ 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 Lftjie. <c n%\ DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS M LAKE CLASSLAKE NAMELAKE NUMBER !S2 H TOWNSHIP NAMESECTIONTOWNSHIPRANGE fLf.H!>J0r pftTniSdRPARCEL NUMBER LEGAL DESCRIPTION PRTVe!^o0 iefi-cti LOT A TYPE OF VARIANCE REQUESTED (Please Check) structure Setback^C- Structure Size____Sewage System WECS Misc.Subdivision Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. hoL».9^ CtJ' (aV /_______ -huo <K ifc<r^icu\(jCciu<hJj D ^ 36 ^ QtiU/L 4t) j-iny 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. 1/ DATE 0{/^ SIGNATURE OF PROPERTY Oy^ER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Lunaeen Co Printers • Fergus Falls Minnesota; ro • /?/V7Date Of Hearing Time Motion Marianne Bryan - Denied. (6:48 p.m.) After discussion and consideration, Darren Newville made a motion, seconded by Chris McConn and carried with Thomas Lee voting no, to deny the variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested. It was also noted that the applicant has adequate room on her property to place the tiny house in a location that will meet the required setbacks. Concern was also expressed with the possibility of establishing a precedence. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) N No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Page I 3 September 14, 2017 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, September 14, 2017 The Otter Tail County Board of Adjustment met Thursday, September 14, 2017, with the following persons in attendance: Loren Bailey Chris McConn Alexander Kvidt, Land and Resource Management Jessica Fosberg, Land and Resource Management David Hauser, County Attorney Paul Larson Dan'en Newville Thomas Lee Steve Schierer 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 August 10, 2017 meeting as mailed. The Board of Adjustment considered the following applications for variance: Richard Taggart - Denied. (6:31 p.m.) Richard Taggart, part of Government Lot 2, Section 30 of Otto Township by Rush Lake, requested the following: We covered our “patio” area (16’ by 28’) thinking it was allowed in the permit. We are asking that we be allowed to keep the cover over the patio and make in a porch. The audience was polled with Todd Wiederick speaking in opposition to the variance as requested. After discussion and consideration, Loren Bailey made a motion, seconded by Darren Newville and unanimously carried, to deny the variance as requested as no adequate har.dship/practical difficulty unique to the property had beeir shown that would allow for the granting of the variance as requested. It was noted that the previously requested variance and the variances as granted on October 13, 2016 were clearly stated and understandable and had the request being presented today been presented at the October 2016 meeting the request would not have been approved. The applicants were granted until April 1, 2018 to bring the property into compliance with the variance as granted on October 13, 2016. Kelly Hein - Variance application approved as requested. (6:47 p.m.) Kelly Hein, part of Government Lot 1, Section 2 of Dead Lake Township by Marion Lake, requested the following: Front of cabin is closer than the required setback. We want to raise the roof 2’ to have more headroom. Ceiling height is at 7’ or under now. Front of cabin is 53’ from the ordinary high-water level. Request a 22’ variance to raise existing roof. No footprint change to cabin, which is less than 75’ fiom lake. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Loren Bailey and unanimously canded, to approve a variance of 22’ from the required ordinary high-water level setback of 75’ for the purpose of raising the existing roof 2’as stated in the variance application dated July 13, 2017. It was noted that the variance as approved is consistent with past decisions of the board and the proposed development will be no closer to the ordinai'y high-water level than the existing stmeture. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Marianne Bryan - Denied. (6:48 p.m.) Marianne Bryan, Lot 2 Fleming Patterson Beach, Swan Lake in Dane Prairie Township, requested the following: 1 request that my tiny house on wheels (192 square feet and self-contained) remain in the curi'ent position which is closer than the usual lake setback to avoid any removal of trees or lilac bushes; Requesting a variance of 36’ from the required ordinary high-water level setback of 100’ for the placement of a tiny house 64’ from the ordinary high-water level. The audience was polled with Brian and Debra Geis speaking for the variance as requested. Emails from Keven and Debra Crabtree, Mark Viger and Iris Erickson in support of the variance as requested were noted for the record. After discussion and consideration, Dan'en Newville made a motion, seconded by Chris McConn and can'ied with Thomas Lee voting no, to deny the variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested. It was also noted that the applicant has adequate room on her property to place the tiny house in a location that will meet the required setbacks. Concern was also expressed with the possibility of establishing a precedence. i ~ I I ! !i.Tii!itII I■i.J I■f..I- SCALEDRy^W|NG:FORM j..1.)_L 1«:liII X z> ^ y/nfc> r> V ' Tax Parcel Number(s) t“‘ !T rThe 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). .1., \I /•k !i.1 Scale [-1'T ] ,.Lt•f-J1 Y :TI.L.JI.1..•j-•II'i"1 I Jttrr!.1......!.;I•"1—f—■i'.L_4-J □IT.1 ......i.rLY:I (1 ■t—■ tT * -YIX. I..I .1. '-i {}(L. rI 4-L-..if...T1'Ii.Itij..Ii.■f !i..I h"i'i;1'sI ...T,i?I-4-Ii I I!4-,1,Y'1I..4.ti";T i jtT.I4—i r■4 ■4t,n.nil I[ I•f-i •p!1 ■.VeoK ..1.!...I Ii:: f;I r-i— I -.4—1-|—i-1—r IFT'!!i 1 1iI .■r i;11 i/I-MW -i-ZYluIL i [...i j:1 t"" T iit I i 1f .IfI i -I (4)Uii4^‘~i—r I 1I-[!flee.1 f • •-TI ‘t “I---------f~1{j I ;.1.IiJ ;f-f i;!f .....i..1-!{;-h-i.:p©i-S3trr■I...T •I-■t" f i0 f t ! Wfr II i tjj .uI_L Lj.-J—LJ.-I:i.i i......1.II■i i •rI .ri..j..r1iii1■j;i Ti-.-!T-f i I ....I1';T i!i i-:I i Ii i!I T l It i1 ;■| !'.;I1.i t .1 ..i_.I I j &iT •■IrT ......1- t;iI 1 3zn.QA;(Cf/vW), '1;!I \I 7 f Signatur^f Property |t)wnerr 'bate :I i4~-36O.8OO~*.~Vtciof.Lund0en Coi-Printefs-»-Fergus Falls. MN-»-1-800-346-4870-.... ., 1 1^^^ I 1 :tBK —042016 .:----i—lI ti/i I I 'I IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. K, ^10Lot Area (ft^): Buildings Other Impervious Surface Existingi-i2 Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Qj^-7^—storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous :k%TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio »® 10 ^ Ft^Ft^Ft^Ft^Total Buildings l.og'100-f-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^ 5-72.52^o H. yid a \ 1., 02-1 100/+-H X Impervious Surface Calculation Worksheet 04-11-2016 Signature: To:Otter Tail County Board of Adjustment Marianne Fleming Bryan luly 12,2017 Variance for tiny house on Fleming Trail, Dane Prairie Township From: Date: Re: 1 am applying for a variance for the set back for my tiny house on Swan Laka I write this request with total respect for the work that Land and Resource Management does in preserving this precious resource. My family (Robert and Mae Fleming) has owned this property on Swan Lake since the 1960’s. Because of my long history and love for this land, 1 was very concerned about the environmental impact of putting a building here. 1 built my tiny house on wheels with an extremely small footprint (192 square feet), a composting toilet and no well. 1 did not want to remove any trees or the beautiful lilac bushes that were planted in the 1940's by the previous owner of the property. 1 have a small pipe whereby the water from my sink goes into the ground to water my lilac bushes. 1 did not want to dig up the land for a septic tank or have any large trucks on the land to disturb it I took great care in placing the tiny house in the "greenest" location - so I wouldn't have to take down any trees or my beloved lilac bushes - and I fear now that moving it to any other spot on my lot would require removal of trees or greenery. It is my most sincere wish that the tiny house remains where it is in order to maintain the trees and bushes and also my view of the lake. Fleming Trail only has 3 other residents on this dead end road. I am including letters of support from all 3 of my neighbors to keep the tiny house as placed. Thank you so much for your consideration of this request. Marianne Fleming Bryan 651 353 4755 Debra Crabtree <debra.crabtree9@me.com> Tiny House placement June 26, 2017 12:31:20 PM CDT “mtbryani 2@icloud.com" <mfbryanl 2@icloud.com> To Whom it May Concern, We live on the east side of Swan Lake at 23517 Fleming Trail. Our neighbor, Marianne Bryan, has a tiny house two doors down from our year round home. The location in which her home is now placed does not obstruct view or harm us in any way. We appreciate that by placing it in the current location. Dr. Bryan was able to spare removing some gorgeous iilac bushes and lovely, old oak trees. Sincerely, Keven and Debra Crabtree Sent from my iPad vigor <mviger@prtel.com> Tiny House June 20, 2017 11:07:24 PM CDT "mfbryani 2@icloud.com” <mfbryanl 2@icIoud.com> June 20, 2017 RE; Marianne Bryan, Tj-» \A/hrtr»% r't^r*r‘t>rrs» (W «¥IIWIM Ik l¥IMy WWI IVk«l II* I'm writing this letter with complete support of Marianne Bryan regarding her "Tiny House". I feel that the current distance of her Tiny House " from the ordinary high mark does not harm any of the neighboring properties in any way, now, and In the future. Sincerely, Mark Viger for Windows 10Sent from June 29. 2017 ~o whom it may concern, My name is Iris Erickson and I am writing on behalf of myself, my brother Brad Nishek, and my parents Donald Nishek and Mercedes Nishek. We own the cabin on Fleming Trail right nexi ic Marianne Bryan. She owns a tiny house and has been a wonderful neighbor to have next to us. Recently we were made aware that she is being asked to move her dwelling way back from where she is currently situated. We don’t understand why this would be necessary and are in favor of her staying in the spot she is now. She is not hindering or hurting the lake or surrounding area. We would love for her to be able to stay where she currently is. She has been great and know having her so far back would obstruct her view and enjoyment of Swan Lake Thank you for your consideration in this matter. Sincerely, Iris Erickson 612-201-3671 r ; OTTER TAIL COUNTY, MN Wayne Stein, Auditor-Treasurer 20±7 Property Tax Statement VALUES AND CLASSIFICATION570 Fir Avenue West Feraus Fails. MN 56537-1364 '.'.'’,'Av.co.otter-tail.mn.us 2017 SEASONAL 2016Taxes Payable Year Classification:Step SEASONAL 165,100165,100Estimated Market Value:; , Homestead Exclusion: Taxable Market Value: New Improvements/ Expired Exclusions*: PROPERTY ID#;R i30009904i5000 165,100165,100 f Sent in March 2016 PROPOSED TAX 21156 MARIANNE FLEMING BRYAN 808 BERRY ST APT 415 SAINT PAUL MN 55114-1468 - Taxpayer; Step ! 1,516.00' Proposed Tax: Sent in November 2016____ PROPERTY TAX STATEMENT iStepFirst-half Taxes: Second-half Taxes: Total Taxes due in 2017: 758.00 758.00 1,516.003 You may be eligible for one or even two refunds to reduce your property tax. Read the back of this statement to find out how to uDply. Iacc-29 Twtj-132 Ranae-042 7LZ>'.ZKG-PATTERSON BEACH TT 2 °“PJNDS? 2017 12016"ixes ^ayas>e Vea.'. £ *,3,. £•£ £ 3 3.-a T' = .''3T.9S‘.e£3 crecL refund, i = <r :■< '5 ' 30.' 3 ,3. 3.'.r 35 ;£.x££ 3"3 zze rc; S.:g;3,e. : -5£ '-3 i--;'--; scec a Z'zzb’'.; :a-' ^e‘.--z sc'sa- a ' c' ’.".rrl ri iparty Tax arid Credits 3. rraperry taxes before crec:is i 4. .A. Agricultural market value credits to reduce your properly tax B. oTher credits to reduce your property tax 5. Property taxes after credits ProcsrtyTSATrjrdiinscnCtron-------------------------- --------------------------------------- 3. Otier Tail County ...u 1,516.001,532.00 1,516.001,532.00■; 690.45694.63 190.77 I 249.10 I 238.95 135.60 11.13 DANE PRAIRIE TWP 198.04 252.95 247.51 128.57 10.30 i -- C544 = 3:-£' .:;a -5. =sQTCOHRA■; S:£:a "a-.-a _ i la ! " ’v3--s3'-.:c aac't.rs ■£'£•£-3= a.1,532.00 1,516.00'1 ;-£ :-£T'£ iz~zz. a=3£-;:“£"'= specie Assessirwrrts or, Your Prooerry u 5r-£: = 1,532.00 1,516.0014. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS S ST.^'EVE'.' FOR i:.;PORTANT INFORMATION.PAYABLE 2017 2"'^ HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE: OCTOBER 16 Property ID#:^ biii w: Classification k I If your address has changed please check this box and show the change on the back of this stub.13000990415000 si0*i*i2 SECOND 1/2 TAX AMOUNT DUE:758.00 SEASONAL PENALTY:TOTAL: = 321156 lANNE FLEMING BRYAN 808 BERRY ST APT 415 SAINT PAUL MN 55114-1468 Taxpa^>Otter Tail County Treasurer 570 Fir Avenue West Fergus Falls, MN 56537-1364 11 III III! III Ml 11 III III I III I III I III I III 11 ill III 11 III Si Sili.li M i tRE TAX ID#21156 No Receip: ser.L Ycj' cares.'eo c'=e^ 'S preo: c* payr--: Do rot send Dostdated checKS. CERTIFICATE OF SURVEY \ t \•AMI I Mill Mil m \,!5H‘iS \ - v: KKia/fev \\ 'i.i.«\'/\urn »U T t!ia N IMH w i./itvuiwnyMw* 'N /N90*0crww322M I "> ^'5> PARCEL ^1->-\ ■" ...GAOTCnLYCORNCKOPTYmoCOiCAt^KOAO A3 PLATTED IN FLEMINQ PATTERSON BEACH,[i <r}p- ^ i \vP-'i i.i il N89*8r2rE631.19 I •ARCEL ’3'\9.17 Ac.t \\\O'i'/W\\:\V-\I.;.;-a \/\• A ',o \h\\\y\ \\V \\i/\\/\\/M \t\NORTH LINE OF THE DEDICATE Rl IKD AS PLATTED IN aCMINQ PATTERSON DUACHrV(1202AASPCRPL'OF riEMINO PAt'rCRSON onAOII) 1172 60__________________\nEOICATrO PHOLIC ^ MOAIl AS IIAtttn —' IN IT rMIND rATITiaON llPAOt I/\NMrSeieW 'V \/s 3 PI ISMINO ROAR / Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTCR TAIL Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: . Marianne Bryan . 808 Berry St., #415 St. Paul, MN 55114 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 asserrible for this hearing on Thursday, September 14, 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 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 Lot 2 Fleming Patterson Beach, Property Address - Next to 23533 Fleming TrI Section 29, Township 132, Range 42 - Township Name - Dane Prairie Lake No. 56-781, Lake Name - Swan, Class - RD The variance requested is the follovying: Irequest that my tiny house on wheels (192 square feet and self-contained) remain in the current position which is closer than the usual lake setback to avoid any removal of trees or lilac bushes. Requesting a variance of 36’ . from the required ordinary high water level setback of 100’ for the placement of a tiny house 64’ from the ordinary high water level. Wayne Stein Board of Adjustment Secretary August 25, 2017 K OtTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) County of Otter Tail) I, Wayne Stein, Secretaty for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 28th, day of August, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: )SS Marianne Fleming Bryan, 808 Berry St. Apt. 415, ST. Paul, MN 55114 1468 Bonnie Mark, Twp Clerk of Dane Prairie, 18259 275**' Ave, Fergus Falls,MN 56537 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, IVIN 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 Bunset bR^ Fergus Falls, MN 56537 Loren Bailey, 1963 Oakwood VW, Fergus Falls, MN 56537 ^'t 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: August 28th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud f ■ r CURTIS, L& DORA C NYMAN 17701 swan'LAKE RD E FERGUS FALLS, MN 56537 8237 JENNIFER SMESTAD 17746 COUNTY HIGHWAY 29 FERGUS FALLS, MN 56537 8221 ■ MARKD&TERILVIGER 23557 FLEMING TRL FERGUS FALLS, MN 56537 8227 I DANIEL W & REBEKAHJ LEE ,18216 COUNTY HIGHWAY 29 FERGUS FALLS, MN 56537 8220 OWEN & REBECCA R THOMPSON PO BOX 244 BARNESVILLE, MN 56514 244 KEVEN K & DEBRA K CRABTREE 23517 FLEMING TRL FERGUS FALLS, MN 56537 8227 BRAD D NISHEK ETAL PO BOX 175 ELLENDALE, ND 58436 175 , MARIANNE FLEMING BRYAN 808 BERRY ST APT 415 SAINT PAUL, MN 55114 1468 BRIAN & DEBRA GEIS 24215 BUNKER AVE MILROY, MN 56263 1132 LEONAJOHNSONTST C/0 SHARONiGARLSON PO BOX 10014 FARGO, Nb 58106 14 MICHELLE LOOMER 20622 DAYTON HOLLOW RD FERGUS FALLS, MN 56537 7622 KENNETH J LILL . 23465 FLEMING TRL FERGUS FALLS, MN 56537 8227 i i r !