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HomeMy WebLinkAbout14000990396000_Variances_11-10-2016Jl-io -ZDIU- 1183162 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/15/2016 8:53 AMRECEIVED OCT I tl 2016 LANDS RESOURCE O _______ r--- I coco -------^ cn FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N 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 - Receipt Number 'T^V I ~ I O Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK e/I ^ Oare-A ^T"AU daytime phone ,Q - (r>l (tj-y 3.^j ^_____ He (xd L ck ICe PROPERTY OWNER MAILING ADDRESS LAKE NUMBER LAKE NAME LAKE CLASS •Odad31J3^ RANGE OVDSECTIONTOWNSHIP TOWNSHIP NAME C)uJ .1 ^ IX(OC)O<=i^0B^S1DOOPARCEL NUMBER E-911 ADDRESS 3V^9 I BcCkaXl . (^‘thvhc A)/K (a Vt?-^ H ^ 1^4-LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ' ' 6a4u^r\ CO 5d. ^<z <-'-CCA ^0 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. V^. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. (AAx^^ SKSiJATURE 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) 345.194 • Victor Lundeen Co . Printers • Fergus Falls. Minnesota ;i a/0\/erf\ L* A & ■ 3 p. /y^-TimeDate Of Hearing ^e> Motion Steven A. Ouren - Variance application approved as requested with a condition. (6:33 p.m.) After discussion and consideration, Paul Larson made a motion, seconded by Darren Newville and unanimously carried to approve the variance as requested with the condition that it can be no closer to the ordinary high water level than the front of the existing trailer. It was noted that the applicants’ proposed development is similar to other development in this immediate area and will be an improvement to the property. Hardship/practical difficulty is a substandard lot of record. The living floor must be 36” above the ordinary high water level. The variances as approved to not directly or indirectly grant any other variances for the proposed!deyelopment-or.for..any future development Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No lilMllk. / ^ Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW CO OTTER-TAIL MN US9m9jm GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS. MN 56537 218-998-8095 FAX: 218-998-8112 1/24/2018 Steven & Rebecca Ouren Et Al 18435 County Highway 24 Erhard MN 56534 9500 RE;Primary Owner: Steven & Rebecca Ouren Et Al Sewage Treatment System Servicing Tax Parcel Number: 14000990396000 Described as;Sec 31 Sect-31 Twp-135 Range-040 FREEMAN'S BEACH 1ST ADDN LOTS 4 & 5 Twp Dead Lake Township Lake; 56-383 Dead As of 06/22/2017 the holding tank (Sewage Treatment Installation Permit # 24467 servicing your property was determined to be in compliance with the provisions of the Sanitation Code of Otter Tail County. Please be advised that this certification is only valid for five years from the date of this mailing 6/22/2022. Your permit #24467 has expired. If you decide to hook up to or add a drainfield, a new permit will be required If you have any questions regarding this matter, please contact our office. Sincerely, Denise Gubrud Inspector OsCAKiwD MINUTES OF THE MEETING OF THE OTTER TAEL COUNTY BOARD OF ADJUSTMENT Thursday, November 10, 2016 The Otter Tail County Board of Adjustment met Thursday, November 10, 2016, with the following persons in attendance: Darren Newville David Wass Thomas LeePaul Larson Steve Schierer Kyle Westergard, Land and Resource Management Kurt Mortenson, County Attorney 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 13, 2016 meeting as mailed. The Board of Adjustment considered the following applications for variance: Steven A. Ouren— Variance application approved as requested with a condition. (6:33 p.m.) Steven A. Ouren Et Al, Lots 4 and 5, Freeman Beach First Addition, Dead Lake in Dead Lake Township, requested the following: Proposing to remove existing dwelling, decks and shed,and replace with new dwelling with attached garage, decks and storage shed. New dwelling and decks to be in approximately same location as existing structure and decks. Approximately 42’ from ordinary high water level. 10’ by 16’ storage shed to be 110’ from ordinary high water level. Requesting variance of 158’ for dwelling, garage and decks and 90’ for storage shed. Also requesting a variance to exceed the impervious surface of 260’ in the shore impact zone. Proposed impervious surface in shore impact zone to be 2,804 square feet. Requesting a variance of 2,544 square feet. Reason for request is due to substandard lot size. Third variance request is to have crawl space floor at 18” above ordinary high water level, required separation is 36”. Jenny Doll appeared at the public hearing with the applicant. The audience was polled with Amy Noebel asking questions regarding the applicant’s request. A letter from Mervin and Phyllis Freeman expressing their concerns was read for the.record., After discussion and consideration, Paul Larson made a motion, seconded by Darren Newville and unanimously carried to approve the variance as requested with the condition that it can be no closer to the ordinary high water level than the front of the existing trailer. It was noted that the applicants’ proposed development is similar to other development in this immediate area and will be ari improvement to the property. Hardship/practical difficulty is a substandard lot of record. The living floor must be 36” above the ordinary high water level. The variances as approved to not directly or indirectly grant any other variances forjhe proposed development or for any future development. Jan Hanson Tst - Variance application approved as requested with a condition. (6:48 p.m.) Jan Hanson Tst., Part of Lot 1 Block 2, Tradewells Woodlands Second Addition, requested the following: Divide Parcel E into two parcels of approximately 2.67 acres each. Upon approval a survey will be completed. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion seconded by Darren Newville and unanimously carried, to approve the proposed subdivision for nonresidential purposes with the condition that each lot must be permanently attached to lots across the road or to properties within 200’ of the proposed lots. This motion unanimously passed. After additional discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried to rescind the previously approved motion. After additional consideration, Steve Schierer made a motion, seconded by David Wass and unanimously carried to approve the variance as requested for the purpose of creating two nonresidential backlots as depicted on the drawing submitted with the variance application with the condition that registered surveyor’s drawing must be provided at the time of conveyance. November 10, 2016 To: OTC Board of Adjustment From: Mervin and Phyllis Freeman 34147 Freeman Beach Road Richville, MN 56576 RE: Steven Ouren request for Variance on Freeman Beach We are happy to see the Ourens plan to upgrade their property. However, we have several concerns in regard to their variance request. It appears they are asking to put their house very close to the lake. While several homes are not 200 feet from the lake, we ask the committee not to OK any dwelling to be closer than neighboring homes. We are also concerned about the amount of building and impervious surface they are planning to put on this substandard lot. The water has to go someplace and there is already a lot of ponding up after a rain on that lot. It is important that the crown of the shoreline not be altered so that water drains to the lake. It looks like they are planning to build primarily on one of the parcels. In the past they have put a camper on one parcel. The two dwelling units on one lot we hope will stop when a home is built. Is the sewer system capable of handling a large family unit? The mound system is not very big. Where are vehicles going to park so as not to impede traffic on the road? We a happy to see new and younger people enjoying Dead Lake. Our only concern is that upgrading this property will contain good water stewardship practices to protect the water quality of Dead Lake. Respectfully Submitted by: Mervin and Phyllis Freeman SCALE DRAWING FORM tHonc> ?4o (o oc^ Tax Parcel Number(s) 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’ Impervious Surface Calculation (see back). / ?I ^i- Z_1e i3 /■/ '7 /sz' /M-e O o_ I 't X > o- I i Vr4 D SL> ifc __>v ^1 T?- 0 ~ ^ T irt. 'e /</ •o'r'p r I I /JO';I of' //■'ir Id-n-llr,T Signature of Properly Owner Date BK —042016 360.800 ■ Victoi Lundeen Co. Punters • Fergus Fails. MN • 1-800-346 4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. oia.07rLot Area Other Impervious SurfaceBuildings ProposedExistingProposedExistmgFt^Ft^Ft^Ft V 72s75TDeck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage ZM Landing(s)Storage Shed Driveway(s)WOAS Parking Area(s)RCU ^ j~f A Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous lOUTOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaTotalExisting Proposed Ft^Ft^Ft^Ft^Total Buildings ILp 223^1017 /6JT100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaTotalExisting ProposedTotal Buildings + Other Impervious Surface Ft^Ft^Ft^Ft^ a?3r17)0>2001W 100+-r X Impervious Surface Calculation Worksheet 04-11-2016 “Y DateSignature: SCALE DRAWING FORM /V^^<9 9963 94?OOg^ Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septii tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complet^ftljipj Impervious Surface Calculation (see back). z. Scale f\i 0 c^.~> 9- > Hi 1\7^^ j:o -T--TO TP^ \P o x' >cr O (j> % O r- 4:: /Cy At' /i9^ C-, ■ |>Vg-Vr c-WiXN cX»—>>s ii.C ) aI/O'11-1 hUAjal Signature iJTProperty Owner Date BK — 04201 >360,800 • Vtclof Lundeen Co., Pnnieis • Fergus Falls, MN • 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings ProposedExistingProposedExistingFt^Ft^Ft^Ft^ Deck(s)Dwelling arPr^^ae Patio(s)Attached Garage Sidewalk(s)Detached Garage IM(pH Landing(s)Storage Shed Driveway(s)WOAS 190Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous 7 3 "70b\ w TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaExistingProposedTotal Ft^fP Ft^Ft^Total Buildings . 10\=§10 .100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaExistingProposedTotalTotal Buildings + Other Impervious Surface Ft^ Ft^Ft^Ft^ --------- "1 100+X-r Impervious Surface Calculation Worksheet 04-11-2016 Date ! 7 - ! LSignature: SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Pef # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to It at a setback of 50% of the structure setback (see Section 111.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s) Deck(s)-70h Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Bamef) Miscellaneous TOTAL Total Existing Proposed TotalFt^Ft^FPShore Impact Zone Impervious Surface Maximum Allowable 260 Ft' I 9int Pi Impervious Surfece Calculation SIZ 04-11-2016 Signature:. CLEVE E & MARGARET FITZSIMMONS 6662 BOYD AVE EDEN PRAIRIE, MN 55346 2120 JILL FREEMAN 450 GULFVIEW BLVD 5 APT 1405 CLEARWATER, FL 33767 2529 MICHAEL & DENISE ALBERTSON 3097 390TH ST FOXHOME, MN 56543 9334 MERVIN & PHYLLIS I FREEMAN 34147 FREEMAN BEACH RD RICHVILLE, MN 56576 9506 KEITH & PAULETTE HEALD 10561170TH ST S BARNESVILLE, MN 56514 9162 PHYLLIS I FREEMAN 34147 FREEMAN BEACH RD . RICHVILLE, MN 56576 9506 AMY & ROB NOEBEL 4874 WINDSOR CT EAGAN, MN 55122 2788 LEOEMYXTERJRETAL 1112 54TH AYE S FARGO, ND 58104 453 LEO D & SHARON A LANGE 8060 JONES AVE NW SEATTLE, WA 98117 4353 i,. JEFFREY & JOANNE SEIFERT 412 3RD ST N CASSELTON,ND 58012 3210 SCOTT ROBERTS & S BARRY TSTEES 35695GOUNTY HIGHWAY 32 RICHViLLE/'iviN 56576 9504 STEVEN & REBECCA OUREN ET AL 18435 COUNTY HIGHWAY 24 ERHARD, MN 56534 9500 LINDA SIGGERUDETAL 126 240THSTS HAWLEY, MN 56549 9150 LINDA &. CHARLES SIGGERUD ET AL 126 240THSTS HAWLEY, MN 56549 9150 :■ i. ! I ! ■:i i i/ ! r OTTER TAIL COUNTY.; Fergus Falls, Minnesota y. 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, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Steven A. Ouren ET AL, 18435 County Highway 24, Erhard, MN 56534 Justin Kirchenwitz, Dead Lake Township Chair, PO Box 54, Richville, MN 56576 otter Tail County Cola, % John MattesOn, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Public Works Director, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Dead Lake Association - PO Box 127, Richville, MN 56576 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 Darren M Newville, 614 6*'' St NE, Perham, MN 56573 David Wass, 29133 260*'' St., Underwood; MN 56586-9423 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, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud 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 OTTER Tflil Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Steven A. Ouren ET AL 18435 County Highway 24 Erhard, MN 56534 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 10, 2016 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 Lots 4 and 5,of Freeman Beach First Addition, Property Address - 34091 Freeman Beach Road Section 31, Township 135, Range 40 - Township Name - Dead Lake Lake No! 56-383^ Lake Name - Dead, Class - NE The variance requested is - the following: Proposing to remove existing dvvelling, decks and shed and replace with new dwelling with attached garage, decks and storage shed. New dwelling and decks tabe in approximately same location as existing structure and decks. Approximately 42’ from ordinary high water leyel. 10’ by 16’ storage shed to be 110’ from ordinary high water level. Requesting variance of 158’ for dwelling, garage and decks and 90’ for storage shed. Also requesting a variance to exceed the impervious surface of 260’ in the shore impact zone. Proposed impervious surface in shore impact zone to be 2,804 square feet. Requesting a variance of 2,544 square feet. Reason for request is due to substandard lot size. Third variance request is to have crawl space floor at 18’’ above;ordinary high water level, required separation is 36”. Stein Board of Adjustment Secretary October 21,2016 ! WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & 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 # l/qr{c^r^(LEdescribed in my dated //) ^/7- j U Application 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). ' PROPERTY OWNER to /lo DATED 01-03-2011 LR; Forms: Waiver 60 Day Rule 01-03-2011 Lumber Co.f^Liaw oiPios 5S §■ fUEumsAJtY HAN mm. sh:ned BY CONTKACTOR OB OWNER {ACCEPT mis P!AN AS DRAWN ATTENTION DlSri AIMFR OF WARRANTIF?;'f» (^Copyri^ 2016, att riffhi resaved Crane Johnson lumber Co. 2 ot 5|*5ir lp*i|Jjh^ Crahe Johnson Lumber Co.PELICAN RAPIDS YARD ► ei K.4H Bil'IOS e PKELIMINARY n^N UNTIL SLGNtD BYCONTHAi-nm OR OWNKR lACCEPTTHisnjWAS DRAWN DISCLAIMFR Cf WARRANTIESATTENTION 'p Copyright 2016, ail rigfu reserved. Crane Johnson lumber Co. o