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Home My WebLink About14000160129009_Variances_07-09-2015l-‘^-2ol5 1161263 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 07/14/2015 1:41 PM received JUN 1 6 M'5 land & RESOURCE CO z: COii ior^ “= ^--OdS FEE: 46.00 PAGES 4 WELL CERTIFICATE REC D: NCD ■XO*— CO 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 2015COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Dat z //-^ D, c/rPROPERTY OWNER AYTIME PHONE ridyj :JU /f^dJ '' '' ^ LAKE CLASS MAILING ADDRESS LAKE NUMBER LAKE NAME Ih./7.S'OV/0SECTION TOWNSHIP RANGE TOWNSHIP NAME Rjy<i'OP)-P/.o/2l7>0 9PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION //PS r U ^ 3 Clg>h 9f yc') 9 P9. 3? Co/y) TYPE OF VARIANCE REQUESTED (Please Check) Subdivision yC ClusterStructure Setback Structure Size Sewage System WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We would like to create a nonresidential, non-riparian lot with the following dimensions lOCT X 100' (10,000 square feet). This 10,000 square foot nonresidential, non-riparian lot would be permanently attached to the lake lot directly across the road. Parcel #14000160129008 (36760 Lillis Drive). Creation and attachment of the 10,000 sq ft. backlot to the property at 36760 Lillis Drive would allow the owner to construct a garage and have a site for a new drain field should the existing one fail. A past action by the BOA does not allow any further variances for the lake lot creating a unique situation for owner. Granting this variance will give owner of the substandard lot, to which the newly created back lot would be attached, the same rights and privileges as other land owners on Lillis Drive. A registered survey will beprovidedcreatinBtbel00'X100’backlot.R^^^,^^^//j_ r 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 THISl^lATTER.29 / SIGN^^TURE OF PRC^^TY diwN^'^ GENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING Dt • ■(Applicant Will Receive Notification As To The Date/Time Of Hearing) 104 • Vidor Lundeen Co Punters • Fergus Falls Minnesota 9Date Of Hearing Time Motion Mark R. and Barbara Steuart — Variance application approved as requested with conditions. (7:02 p.m.) After discussion and consideration, Paul Larson made a motion, second by Richard Gabe and unanimously carried, to approve the proposed subdivision as described in the variance application dated June 16, 2015 and as depicted on the drawings submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance and with the condition that the area within the back lot cannot be used when calculating impervious surface coverage for front lot development. The variance as approved will provide the proposed purchaser of this back lot with the ability to enjoy the same rights and privileges as others in this immediate area. It was noted that the approval is consistent with past actions of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) -tku)X- No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 072011-001 Minnkota Partners LLP - Variance application approved as requested with a condition. (6:41 p.m.) Minnkota Partners LLP, part of Government Lots 1 and 2, Section 36 of Rush Lake Township by Rush Lake requested the following: Replace wetland impact outside of minor watershed. Impact has been approved by wetland agencies. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve the variance as requested in the variance application dated June 8, 2015 with the condition that a letter from Rich West, Public Works Director, regarding the acquisition of wetland credits from the County’s wetland bank must be presented to the Land and Resource Department. Marilyn Buck - Variance application approved as requested. (6:45 p.m.) Marilyn Buck, part of Lots 16 and 17 Nir\^ana, Stuart Lake in Nidaros Township, requested the following: Adding a 6’ section to the back of the cottage which will expand the bathroom and add a storage room. 6’ by 13 ’ addition will be closer than 10’ to the property boundary. The proposed addition is 4’ from the property line. It is approximately 62’ from the shoreline. The required setback is 10’ from the lot line and 100’ from the 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, second by Ward Uggerud and unanimously carried, to approve the placement of a 6’ by 13’ addition 4’ from the property line and approximately 62’ from the ordinary high water level as stated in the variance application dated June 11, 2015 and as depicted on the surveyor’s drawing submitted with the application. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development of this property. The hardship/practical difficulty is the terrain features of the applicant’s property. The proposed development will allow for the maintenance of an existing bathroom and additional storage space. Ryan Johnson - Tabled (6:48 p.m.) Ryan Johnson, part of Government Lot 2, Section 9 of Star Lake Township by Star Lake requested the following: garage in line with approach inside 20’ setback from County Road right-of-way. 6’ 916'’ off road right-of-way is what garage would be. Cabin is 4’ 5” off road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Charles H. Grotte, P.E., Assistant County Engineer requesting a 20’ setback from the County State Aid Highway right of way line was read for the record. After discussion and consideration and with the applicant’s verbal consent, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to table this hearing until the August 13, 2015 meeting date to allow the applicant an opportunity to review his ability to move the proposed structure further back from the road right-of-way than what is currently proposed. Safety concerns with the proposed location w'ere expressed. It was also noted that the proposed garage is setback further than the dwelling, which would be an improvement. Moving the holding tank was also discussed. Mark R, and Barbara Steuart - Variance application approved as requested with conditions. (7:02 p.m.) Mark R. and Barbara Steuart, Lots 9 and 10 Lillis Survey Plat of Government Lots 2 and 3, Section 16 of Dead Lake Township by Dead Lake requested the following; We would like to create a nonresidential, non riparian lot with the following dimensions 100’ by 100’ (10,000 square feet). This 10,000 square foot nonresidential, non-riparian lot would be permanently attached to the lake lot directly across the road. Parcel 14000160129008 (36760 Lillis Drive). Creation and attachment of the 10,000 square feet backlot to the property at 36760 Lillis Drive would allow the owner to construct a garage and have a site for a new drain field should the existing one fail. A past action by the Board of Adjustment does not allow any further variances for the lake lot creating a unique situation for owner. SCANNM July 9, 2015Page 2 Mark R. and Barbara Steuart- Continued. (7:02 p.m.) Granting this variance will give owner of the substandard lot, to which the newly created back lot would be attached, the same rights and privileges as other owners on Lillis Drive. A registered survey will be provided creating the 100’ by 100' back lot. Proposed new Lot B remains attached to Lots 9 and 10. Keith Monson, proposed purchaser, appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Richard Gabe and unanimously carried, to approve the proposed subdivision as described in the variance application dated June 16, 2015 and as depicted on the drawings submitted with the variance application with the condition that a registered surv'eyor’s drawing must be presented at the time of conveyance and with the condition that the area within the back lot cannot be used when calculating impervious surface coverage for front lot development. The variance as approved will provide the proposed purchaser of this back lot with the ability to enjoy the same rights and privileges as others in this immediate area. It was noted that the approval is consistent with past actions of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for future development. Christensen Vacation Holding LLC - Variance application approved as requested with a modification. (7:08 p.m.) Christensen Vacation Holdings LLC, Lots 9 and 10 Balmoral Beach and part of Government Lot 2, Section 31 of Otter Tail Township by Otter Tail Lake requested the following: -iirc to rciocivte cnit* corscnete Urivem-sty ctufently pwovUlin^ aoccsw fruca tlwy. 7U to- our lak« ho«t o« Otter Tall Cake. Th»i djrivcway is alsev asc<l to access the Monk residence sonthwesterty of oeir home. We are to keep the current access on the Highway the ssaitie hut reaJign the tdrtvcway ffotn the ftoethwcseerly right of vmy liJtvc south westerly *cross our property to the southerly iirte «if crur property and then rutsoingj north veeiEteriy along o«ir soutlrcriy property ltn>c to the existing ccmcrcte dn^veway which runs behind otir bomc^ For safety concerns we believe the realignmeaxt is itecessary to preirenr fiij-ch.er dartiage ftosti vcfucles iljHilog down the existing driveway and crashjng Into our home, oe the posubelity of strikacig someoeie outside c»r our home, or seriostsly injurirtg sonseone within the vehicle. "The new? driveway will be a ICl (wjt wide coocxeie surface itieistical with o*ur existing dntveway The realigiunent is liS feet Icmg and will run through appTu:fcio»ately SXl feet of bJtlff. We are estimating 2475 cubic yards of excavaliein and lt> cubic yarils of fill with a U to 75 foi3t width of c»rt and a maximmrt depUt of cut of O to SO fcet_. We have submitted a soil stahUtzation and! croesioo coralml plan pruvided by Oicli*cniSen Conslructioei of Battle Ijke, MK- Kruuion control eneasure will b« in place prtoe tu and. dating the length of the project, Clnee the project is eoniplete we have pre^cted our irmervio* stirEace percentage to be 20% across our entire prstperiy. Opoo approval of the new driveway, the to foot vride cacicreLe along the old driveway will be removed and the eacaraied material fhcim the new driveway cotisaructiCHn will be used as fill to restore the original bluff area ajung either side and acros the uld driveway site. The remaining excavated maJerial from the new driveway project will be hauled off site. The exJsrting driveway runs through a bluff area at a slope of approacimaief y 171^ and is in line with the center of our lat home. TTbc new driveway will have a slope through iJte faluff artra of approximately 13% and will be in line with ihe gret area between our lake home arvd the ^do<1k Jerame Tysdal, Contractor and Glenn Howe, Surveyor appeared with Steffen and Janice Christensen the applicant’s representatives. The audience was polled with no one speaking for or against the variance as requested. A letter from Donald Monk in support of the variance as requested was read for the record. After discussion and consideration. Ward Uggerud made a motion, second by Paul Larson and carried with Thomas Lee voting no, to approve the variance as requested in the application dated June 16, 2015 and as represented in drawing number 7946, which was submitted with the variance application with the understanding that the Planning Commission will be responsible for determining the final placement of the proposed project and the extent of the work to be completed within the bluff area. The variance as approved will permit work within the bluff area and is granted to provide relief for known safety concerns. The members of the Board of Adjustment expressed their desire to have the existing area stabilized and reestablished. itm July 9, 2015Page 3 ' *. CERTIFICATE OF SURVEY PT. OF GOVT LOTS 2 & 3, SECTION 16, T.135N., R.40W., OTTER TAIL COUNTY, MN ROPOSED DESCRIPTION PARCEL A I That part of Government Lot 2, Section 16, Township 135 North, Range 40 West, Otter Tail County, Minnesota described as follows: Commencing at the East Quarter Section corner of said Section 16; thence on a bearing of North, assumed bearing along the east line of said Section 16, a distance of 1313.00 feet; thence North 89 degrees 59 minutes 00 seconds West, a distance of 700.16 feet to an iron monument; thence North 29 degrees 19 minutes 21 seconds West, a distance of 346.48 to an iron monument; thence North 40 degrees 19 minutes 39 seconds West, a distance of 129.82 feet to an iron monument; thence North 50 degrees 33 minutes 32 seconds West, a distance of 115.46 feet to an iron monument, said point is also the point of beginning of the land to be described; thence continuing North 50 degrees 33 minutes 32 seconds West, a distance of 100.00 feet to an iron monument; thence North 39 degrees 30 minutes 51 seconds East, along the northwesterly line of land described in Document No. 785935, a distance of 99.94 feet to an iron monument; thence South 50 degrees 39 minutes 51 seconds East, along the northeasterly line of land described in said document, a distance of 100.00 to an iron monument; thence South 39 degrees 30 minutes 2 51 seconds West, a distance of 100.13 feet to the point of beginning.CM ^ Subject to easements, restrictions, or reservations of record, if any.oK) Iro I SURVEYOR'S NOTES\XA VARIANCE WILL BE REQUIRED TO FINALIZE THIS PROPERTY SUBDIVISION AS SHOWN ON THIS SURVEY.< CO PROPOSED PARCEL A IS FOR NON-RESIDENTIAL USE ONLY.o PARENT DEED DESCRIPTION IS DESCRIBED IN DOCUMENT 785935. CERTIFICATION 1^I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am duly Licensed Land^rveyor under the laws of the state of Minnesota. CM ro (O CM^ck Rosenthal, PLS, 50732 Date to 700.63(R) N89*59’00”W(M) WEST(R) 2O --------# bj I UJ QC I DESCRIPTION LINE OF RECORD uj o^comp consultants inc. Perham, MN 218-346-3600 PK NAIL/ ,S / S 9O K) Z T- 1516 K) PAGE 1 OF 1 SRV-15-0059 MARK STEUART TrustCompass.com SCALE DRAWING FORM K pop J/o^) on'f Tax Parcel Number(s)\3‘>0The 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). HI X umJ. UMtkJ 60 U ^'N o Date BK — 032014 3&4.I2{/ • Victor Lundeen Co. Printers • Fergus Falls MN • I •800-346-4870 IMPERVIOUS SURFACE CALCULATION nsite impervious surfaces on scale drawing.List & identify all exist!prqpo J//Lot Area (ft^):Date:Signature: ^ Other Impervious SpifaceBuildin ProposedExistingProposedFt^Ft /Up li) n rtiQ r //yo Deck(s)Dwelling Patio(s)Attached Garage oSidewalk(sV^ ho 0^ r ^ Detached Garage ?oV AJ a lA hoc fh D 0 Landin,g<^Storage Shed 1Di:tv^ay(^Do rf/,WOAS U -p <cuQt^^ <:C'A a*n ^^Farking Area(s)RCU —-^> — Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) zMiscellaneous'iQ tn^10 ac- / S^ -ia k>Lo 3r:>2 3 /TOTATNDTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Lot Area Impervious Surface Ratio Existing Propose Total Ft^Ft^Total Buildings Ft F: 3i5ZI_3 a A/c3P0 100X Buildings> +Other Imperviou^urface Percentage Maximum Allowable 25% Impervious Surface Ratio Total Buildings + OthpK' Impervious Sufface Total Lot AreaExistingProposed Ft^ Ft^ Ft^Ft / ^, C>O./OhlolelGc>^no 100+-r X Impervi^ us Surface Calculation Worksheet 03-25-2014 30 X 48 —.::---------m::___.5Backiot (total area Storage Shed 1520 Gravel Driveway 20x25 + 15x45 1175 Small storage shed 6x8 Cement slab 48 5x12 60 Total Backiot / 2803 D V v;riiV, i«U 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.otter-tail.mn.us ^tT€RXI||l Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Mark R. and Barbara Steuart 36768 Lillis Drive Richville, MN 56576 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 9, 2015 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 9 and 10 Lilis Survey Plat of Government Lots 2 and 3, Property Address - 36768 Lillis Drive Section 16, Township 135, Range 40 - Township Name - Dead Lake Lake No. 56-383, Lake Name - Dead, Class - NE The variance requested is - the following: We would like to create a nonresidential, non-riparian lot with the following dimensions 100’ by 100’ (10,000 square feet). This 10,000 square foot nonresidential, non-riparian lot would be permanently attached to the lake lot directly across the road. Parcel 14000160129008 (36760 Lillis Drive). Creation and attachment of the 10,000 square feet backlot to the property at 36760 Lillis Drive would allow the owner to construct a garage and have a site for a new drain field should the existing one fail. A past action by the Board of Adjustment does not allow any further variances for the lake lot creating a unique situation for owner. Granting this variance will give owner of the substandard lot, to which the newly created back lot would be attached, the same rights and privileges as other owners on Lillis Drive. A registered survey will be provided creating the 100’ by 100’ back lot. Proposed new Lot B remains attached to Lots 9 and 10. fVayne Stein Board of Adjustment Secretary June 19,2015 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 22nd, day of June, 2015 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mark & Barbara J Steuart, 36768 Lillis Dr, Richville.MN 56576 Cheryl Harris, Twp Clerk of Dead Lake, PO Box 54, Richville, MN 56576 Dead Lake Assoc., PO Box 127, Richville, MN 56576 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 Jodi L Sazama, 650 3^'* Ave SE, STE 4, Perham, MN 56573 Richard Gabe, 25826 County Highway 20, Detroit Lakes, MN 56501 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 22, 2015 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vc Vi Manderud 3CA!^.ID JEAN AET ALBREZINA 30977 350TH ST REDWOOD FALLS, MN 56283 2519 ROBERT & JUDITH ALLEN 1550 EISENHOWER N MASON CITY, lA 50401 8978 TODD BARIBEAU 1763 ROME AVE SAINT PAUL, MN 55116 2425 R SCOTT & ANNETTE MARIE KNOOP 51728 TERRI BROOK DR GRANGER, IN 46530 9474 DENNIS C & JANET R HANSELMAN 36818 LILLIS DR RICHVILLE, MN 56576 9621 MAURICE G & CONNIE L BUSCH 21252 LIBERTY AVE ALLISON, lA 50602 9317 JOE & RUTH MAHONEY 7043 LENTTRL STACY, MN 55079 9505 STEPHEN P & ANGELA M LUESCHEN 20614 HARTFORD WAY LAKEVILLE, MN 55044 4440 GRANT C & SANDRA L LINDELL 7101123RDAVE NE ADAMS, ND 58210 9506 MARK & BARBARA J STEUART 36768 LILLIS DR RICHVILLE, MN 56576 9621 DOROTHY M STAHLECKER 614 MALM ST E PARK RAPIDS, MN 56470 2529 RONALD S & SANDRA S NENEMAN 7529 87TH ST S LA VISTA, NE 68128 2840 MICHAEL & V STINAR FAM TST 36664 LILLIS DR RICHVILLE, MN 56576 9621 ERNEST M WEST 36561 LILLIS DR RICHVILLE, MN 56576 9621