HomeMy WebLinkAbout14000160129022_Variances_04-09-20151157168
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
04/17/2015 8:30 AM
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FEE: 46.00
PAGES 11
WELL CERTIFICATE RECD: N
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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 ^ CT)
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date j_ i'30 'l^
phone '3-3C,PROPERTY OWNER fTllXC t f DAYTIME
MAILING ADDRESS
LAKE CLASS LC-Arfcr5L-3B3 Lt^K£LAKE NUMBER LAKE NAME
jC&TOWNSHIP /v3.‘b RANGESECTION TOWNSHIP NAME
/G TMeu
MA/________
PARCEL ^ ^NUMBER ^ HOCC !GO ,E-911
- ADDRESS
LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback A Structure Size " _ Sewage System ClusterSubdivision WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. ( o/ca)
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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.
?//SdASIGNATURE 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)
34S 194 •l,jr L ijn.-icn Co Printers • Fergus Falls Minnesota
; •
Date Of Hearing Time
Motion
Mike and Teresa Schantzen - Variance application approved as modified. (7:08 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Rick Wilson and unanimously carried, to
approve the variance as requested for the 16’ by 24’ addition to the existing dwelling as depicted on the drawings
submitted with the variance application, to deny the variance as requested for the bread oven because there are already
multiple structures in the shore impact zone and to approve a variance from the required ordinary high water level
setback for the placement of the proposed 32’ by 60’ garage 10’ from the north property line, which will place th|^,^,
garage 50 plus feet from the ordinary high water level. The variance as approved does provide the applicants with a
reasonable use of their property. The hardship/practical difficulty is the unique shape of the applicants’ property. The
variances as approved do not directly or indirectly grant any other variances for the proposed development.
Chairman/Otter Tail County BoaTd of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
April 9, 2015
Page # 2
Ross Family Trust - Denied (6:45 p.m.)
Ross Family Trust, Lots 8 and 9 Silver View Park, Silver Lake in Everts Township, requested the following:
Variance requested for placement of a new 10’ by 20’ garage (replacing existing storage shed in same
location) to be within 1 ’ of the north side of the lot line. The new garage will be within the 20’ setback of 3
roads. It will be 12’ from (1) Silver Lake Road R.O.W., 1’ from (2) Silver View Park Platted road (R.O.W.,
and 4’ from (3) Private Easement edge. Toby Currier, Contractor, represented the applicant at the public
hearing. The audience was polled with the following individuals in opposition to the variance as requested:
Brian Lange, Scott Lyons, Chip McAllister, Dale Michealson and Marit Salveson. These individuals
expressed concern with access to their properties and public safety issues should the variance be granted.
An email from Brian and Renee Lang and a letter from Dale and Connie Michealson in opposition to the
variance as requested were noted for the record. After consideration and discussion, Rick Wilson made a
motion, second by Ward Uggerud and unanimously carried, to deny the variance as requested as no
adequate hardship/practical difficulty had been shown that shown that would allow for the granting of the
variance as requested. It was noted that in this immediate area there are no garages placed on the side of the
road that the applicant is requesting. It was also noted that a reasonable use of the property can be obtained
without the granting of the variance as requested, the road needs to remain open and available for use and
there is not adequate space on this property for the proposed structure.
Steven Martin - Variance application approved as requested. (6:58 p.m.)
Steven Martin, Lot 2 Belmont Heights, Belmont Lake in Eagle Lake and Leaf Mountain Townships,
requested the following: Proposing to construct a new dwelling being 200’ from ordinary high water level.
Would also like deck being 188’ from ordinary high water level. Requesting a 12’ variance for proposed
deck. Need variance to encroach 10’ on 20’ road right-of-way setback for a wheel chair friendly ramp and
deck entrance on northeast comer of the proposed house. Joan Martin appeared at the public hearing with
the applicant. 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 Rick Wilson and unanimously carried,
to approve the variance as requested in the application dated January 22, 2015 and as depicted on the
drawing dated October 29, 2014. It was noted that the applicant’s request is a reasonable request.
Hardship/practical difficulty is the terrain features of the applicant’s property. The variances as approved do
not directly or indirectly grant any other variances for the proposed development.
and Teresa Schantzen - Variance application approved as modified. (7:08 p.m.)
Mike and Teresa Schantzen, Lots H, I, J, K, and L, Lillis Survey Plat of Government Lot 2, Section 16 of
Dead Lake Township by Dead Lake, requested the following:
1. Proposed new garage, cabin addition and bread oven (barbeque/brick oven) do not meet ordinary high
water level setback requirement. Requesting:
a. Garage: Closest comer 50’ from lake (requesting 150’ variance to ordinary high water level).
b. Cabin Addition: Closest comer 65’ from lake (requesting 135’ variance to ordinary high
water level).
c. Bread oven; Closest comer 20’ from lake (requesting 180’ variance to ordinary high water
level).
2. Proposed new garage does not meet 10’ lot line setback requirement. Requesting: 5’ setback form lot
line.
Note: We are on a peninsula and our existing dwelling does not meet 200’ setback to prdinaiy hi^,w^er
level- ^
AprU 9, 2015
Page # 3
and Teresa Schantzen - Variance application approved as modified. (7:08 p.m.) - Continued
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
the variance as requested for the 16’ by 24’ addition to the existing dwelling as depicted on the drawings
submitted with the variance application, to deny the variance as requested for the bread oven because there
are already multiple structures in the shore impact zone and to approve a variance from the required
ordinary high water level setback for the placement of the proposed 32’ by 60’ garage 10’ from the north
property line, which will place the garage 50 plus feet from the ordinary high water level. The variance as
approved does provide the applicants with a reasonable use of their property. The hardship/practical
difficulty is the unique shape of the applicants’ property. The variances as approved do not directly or
indirectly grant any other variances for the proposed development.
Tami Boyer and Robert Langlie - Variance application approved as requested. (7:21 p.m.)
Tami Boyer and Robert Langlie, Lots 14 and 15 Block 1, Freedom Flyer Estates, Long Lake in Hobart
Township, requested the following: Request permission to place fill in wetland to give access to lake shore
on property line between Lots 14 and 15. Request fill to be 20’ wide. Request to purchase wetland credits
outside of minor watershed. Terry Langlie and Doug Ackling appeared with 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, Paul Larson made a motion, second by Ward Uggerud and unanimously
carried, to approve the variance as requested in the application dated February 14, 2015. It was noted that
the variance 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 the proposed development.
Robin and Jennifer Hanson - Variance application approved as requested with a condition. (7:25 p.m.)
Robin and Jennifer Hanson, Lot 1 Block 1 Deconcini’s Acres, Little Pine Lake in Gorman Township,
requested the following: Subdivide a 1.09 acre parcel into 4 individual lots approximately 95’ by 125’ in
size, intended for storage buildings only (non-residential), by metes and bounds description completed by a
registered land surveyor. Restrictive covenants will apply. Mark T. Johnson represented the applicants at
the public hearing. The audience was polled with no one speaking for or against the variance as requested.
A letter from Connie and John Kelly in opposition to the variance as requested was read for the record.
After consideration and discussion, Paul Larson made a motion, second by Rick Wilson and unanimously
carried, to approve the proposed four lot non-residential subdivision as depicted on the drawing submitted
with the variance application with the condition that a registered surveyor’s drawing must be provided at the
time of recording and with the condition that there can be no outside building storage on these lots. The
approval is consistent with a past action of the Board of Adjustment and it will provide residential storage
space that is not placed on lake front lots. The variance as approved does not directly or indirectly grant any
other variances for the proposed development.
William and Mary Walker -Variance application approved as requested. (7:30 p.m.)
William and Mary Walker, part of Government Lot 3, Section 35 of Tordenskjold Township by Stalker
Lake, requested the following: We wish to replace our existing dwelling under the repair/replacement
policy. Currently our dwelling is 14 by 70 without a garage, with a 12’ by 12’ roofed addition being 31 feet
from the ordinary high water mark. We are proposing to replace this structure with a 28 x 52 dwelling and a
14 X 27’ 6” garage. The garage would be in the near future being approximately the same footprint as
current dwelling. The exception would be the garage being 1 foot closer to the road right-qf-wM, Ci^ently
it is approximately 8 feet from right -of-way.
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i VACATION\ 7,095 S.F.
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DOCUMENT jf903516
LAKEDEAD
r SURVEY NOTESk>/( |2>c»fc Document No. 915312 recorded Nov iber 12th, 2002 (an
easement is described in said Docur n1 and the westernmost
1.
point of easement is the same positic as the easternmost
boundary of the land described in sai Document - deed states
South - only a portion of the land in s I Document is show
CERTIFICATION
1 hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision andhereon).
Document No. 903516 recorded May 3,2002 (for conveyance
of Parcel H this conveyance has an e ement description
easements are right angles - see not< ind detail on survey
that I am duly Licensed Land Surveyor under the
law^dft^ state of MiniMeota.
ijr^^rc^kRosenth^ PLS, 5073J
2.
drawing).
Document No. 656785 is a Road Ord dated February 10th,
1986 (describes the extent of tf;e roat 'rder as being
approximately 180 feet west of the nc i-south V4 Section line of
Section 16, the Road Order does not How the easement
descriptions of record - see note and' tail on survey drawing).
Document No. 1006407 recordrid Sef mber 28th, 2006 and
was signed on September 15th, 1967 a survey of record of
existing metes and bounds tracts.
The existing mound septic structure is elieved to be over 10'
feet from the proposed property line t »d on the banking of said
mound.
3.Dal
PROPOSED ROAD VACATION DESCRIPTION
Part of Government Lot 2, Section 16, Township 135 North, Range 40
West, Otter Tail County Minnesota, described as follows;
4.Commencing at the north quarter comer of said Section 16: thence
North 89 degrees 39 minutes West along the north line of Section 16, a
distance of 72.50 feet to the point of beginning of the land to be
described; thence South, a distance of 66.00 feet to the southerly
easement line as described in Document Number 903516; thence North
89 degrees 39 minutes West along said southerly easement line, a
distance of 107.70 feet to the most westerly right of way line as
described in Township Road Order T-1449, recorded as Document
Number 1006407 in the Office of the County Recorder, said county:
thence North 00 degrees 21 minutes East along said westerly line, a
distance of 66.00 feet to said north line: thence South 89 degrees 39
minutes East along said north line, a distance of 107.30 feet to the point
of beginning.
5.
ORIENTATION OF THIS BEARING SYSTEM IS
OTTER TAIL COUNTY COORDINATES LEGEND
FOUND IRON
SET REBAR CAP 50732
PROPOSED ROAD VACATlOf
ADJOINING OWNER LINES
SECTION LINE
EXISTING ROAD EASEMENT
TOWNSHIP ROAD T-1449
EXISTING FENCE
WATERS EDGE FROM AERIA *HOTO
ttaac BUILDING
compass^ consultants inc.
^ Perham, MN 218-346-3600
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PAGE 1 OF 1
SRV-14-0089
MIKE AND THERESA SCHANTZENContaining 7,095 square feet, more or less.
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1 OTTER TAIL OUNTY, MN
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LAKE
l2xl(o SURVEY NOTESSdDocument No. 915312 recorded Nov iber 12th, 2002 (an
easement is described in said Docur nt and the westernmost
point of easement is the same positic as the easternmost
boundary of the land described in sai Document - deed states
South - only a portion of the land in s: i Document is show
hereon).
Document No. 903516 recorded May 3,2002 (for conveyance
of Parcel H this conveyance has an e ement description
easements are right angles - see noti ind detail on survey
drawing).
Document No. 656785 is a Road Ord dated February 10th,
1986 (describes the extent of tf e roar fder as being
approximately 180 feet west of the nc i-south V4 Section line of
Section 16, the Road Order does not !low the easement
descriptions of record - see note and ' tail on survey drawing).
Document No. 1006407 recorded Sef imber 28th, 2006 and
was signed on September 15th, 1967 a survey of record of
existing metes and bounds tracts.
1.
shore
;,L0NG '^EAN CERTIFICATION
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 Surveyor under the
iawa,dTl3b state of Minia^ota.
/
/
2./
/
L ;k FtosenthaL PLS, 507323.
PROPOSED ROAD VACATION D
Part of Government Lot 2, Section 16, Township 13
West, Otter Tail County Minnesota, described as folt
4.Commencing at the north quarter comer of said Sec
North 89 degrees 39 minutes West along the north 1\
c
SCALE DRAWING FORM
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Tax Parcel Number(s)LiLUS -So,1u<?y' !
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).
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BK — 032014 354,120 • Victoi Lundeen Co, Printers • Fergus Falls, MN * 1-800-346-4870
IMPERVIOUS SURFACE CALCULATION<?„33 ie.List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):Signature:Date:
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft^ Ft^Ft^Ft
gas/Dwelling Deck(s)
Attached Garage Patio(s)
mmDetached Garage Sidewalk(s)
Storage Shed /6u Landing(s)
WOAS Driveway(s)
7%0RCUParking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier),nZQ
> •Miscellaneous
FFZr
Z3'g(0flM tm'uTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^ Ft^Total Buildings
nio £l3tO 100■•V ■+X
Buijdings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^fPFt
9. OSS'^7,I30.100+X
Impervious Surface Calculation Worksheet 03-25-2014
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 20th, day of March, 2014 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Mike & Teresa Schantzen, 5400 Jamaca Blvd N, Lake Elmo, MN 55042 8503
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 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
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Jodi L Sazama, 650 Third Ave SE, Ste 4, Perham, MN 56573
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: March 20, 2015
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
JOSfPH &JILLALANGLIE
PO BOX 455
PERHAM, MN 56573 455
RUSTAD FAMILY TST
30453 NORGREN ROAD
FERGUS FALLS, MN 56537 7322
CLAUDIA K DOLL PEDERSON
36562 LILLIS DR
RICHVILLE, MN 56576 9621
RICHARD C STRAND
1131136TH AVE NE
FINLEY, ND 58230 9455
TERESA A SCHILLING
W4147 BLUFF RD
EAST TROY, Wl 531201601
MIKE & TERESA SCHANTZEN
5400 JAMACA BLVD N
LAKE ELMO, MN 55042 8503
ERNEST M WEST
36561 LILLIS DR
RICHVILLE, MN 56576 9621
t
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WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 7^^
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 I _________________
ll3oj/^.
Application
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).
pATED Al
PROPERTY OWNE
a01-03-2011
Mbowman app &forms~ waiver 60 day rule