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Home My WebLink About14000990439000_Variances_08-04-2011Variances 2 Barcode 128 8-'-(‘2.o\\ liililii1095793DOC# 1095793 1095793 Fes $46 00 Well Certificate [ j Rec'd O.'TiCh OF r.OUN I Y RECUROhR OTTER TAiL COUNTY MINNESOTA Certified Filed and/or Recorded: August 08 20 n 3 15 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By: LL 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 ^ Ao6- Accepted By / Date | Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number T7 dhA r IaijcIia \/oI K k Pku)y6. f(Xr^o fUQ DAYTIME PHONE 70|- ■X'XB-PROPERTY OWNER MAILING ADDRESS 5~040 LAKE CLASS G?DLAKE NUMBER 5(o LAKE NAME hkl YLo. _______ TOWNSHIP 155 RANGE TOWNSHIP NAME1 Deorl LakeSECTION PARCEL NUMBER E-911 ADDRESS14000^904- 59OOP Alarion, Lodo^ ilrl Pcr hci Yvn 7vi AJ 3. LEGAL DESCRIPTION Lot 7 i3lock± Pled 004 50 MariiOY-i Lo^ge. TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. . . 1 -to nocL-tch ^ c^. Ex pand dec-^ ^ porVio/v, lo-e k)' YUC I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNQERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RES(5uRCER)|)ANAGEMENT^EGARDING TI^IS MATTER. '7~/rZ.- Z3>/( OF PROPERTY OWNER / AGENT FOR OWNER DATESIG APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) jx/c L!±i____7.-5^/^,TimeDate Of Hearing (J Motion Gary T and Claudia Volk - Application approved as requested. (7:57 p.m.) After consideration and discussion, Michael Harris made a motion, seconded by Thomas Lee and unanimously carried, to approve the variance as requested in the application dated July 12, 2011 and as more completely described in the supporting documentation submitted with the application; however, it should be noted that the Board of Adjustment’s approval does not address or approve cutting and/or adding any fill to the applicants’ property. It should also be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development other those variances specifically requested in the application and supporting documentation. ity Board of/Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No S'- tmuCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR j L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota August 4, 2011 Page # 3 Franklin Lake Condo Association - Application approved as requested. (7:50 p.m.) Franklin Lake Condo Association, Unit 5 Franklin Lake Condo Association Community No. 31, Lake Franklin in Dunn Township, requested a variance to roof an existing 9’ by 20’ platform. Overall roof will be 23’ 6” by 10’ and approximately 69’ from the lake, requirement is 100’. The planning committee approved this plan July 13, 2011. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Marion Gill and unanimously carried, to approve the variance as requested in the application dated July 12, 2011 noting that the proposed development has been approved by the Planning Commission, is in line with other structures within this cluster development and approval of the variance as requested will allow the applicant (Tami Boyer) the ability to enjoy the same rights and privileges as others in this immediate area. Gary T and Claudia Volk - Application approved as requested. (7:57 p.m.) Gary T and Claudia Volk, Lot 7 Block 1 Marion Lake Lodge, Marion Lake in Dead Lake Township, requested the following: Per application - 1.) Requesting a variance of T to match existing structure. 2.) Expand lakeside deck at the maximum portion, deck will be 6' closer to lake. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, seconded by Thomas Lee and unanimously carried, to approve the variance as requested in the application dated July 12, 2011 and as more completely described in the supporting documentation submitted with the application; however, it should be noted that the Board of Adjustment’s approval does not address or approve cutting and/or adding any fill to the applicants’ property. It should also be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development other those variances specifically requested in the application and supporting documentation. Randy and Robin Mclntire - Approved the ordinary high water level request and denied the side lot line request. (8:00 p.m.) Randy and Robin Mclntire, Lot 5 Stewarts Oak Harbor, Belmont Lake in Clitherall Township, requested the following : Due to substandard lot size a variance request of 125’ from required ordinary high water level setback of 200’, and a variance of 5’ from required lot line setback of 10’ on the north side of lot, for the construction of a 28’ by 28’ house with a walk-out basement 75' from the ordinary high water level, and the construction of a 10’ by 18’ utility shed 5’ from lot line. This is the best location for the house and shed due to size of lot. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Steve Schierer and unanimously carried, to deny the side lot line variance as requested for the utility shed and to approve a variance of 125’ from the required ordinary high water level setback of 200’ for the construction of a 28’ by 28’ house with a walk-out basement 75’ from the ordinary high water level and at least 10’ from the side lot line. It was noted that the proposed development will be further back than the existing development and will be in-line with the structures to the north. Mike and Mona Johnson - Application approved as modified. (8:10 p.m.) Mike and Mona Johnson, Lots 10 and 11 Meyers Second Addition, West McDonald Lake in Dora Township, requested the following: Requesting a 9’ variance from road right-of-way - being 1 ’ from right-of-way and a 21 ’ variance from top of bluff being 9’ from top of bluff for a proposed drain field. Requesting a 16’ variance from road right-of-way - being 4’ from right-of-way for proposed garage. The audience was polled with no one speaking for or against the variance as requested. A letter from the Dora Township Board of Supervisors requesting a 10’ setback from the road right-of-way was read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried to approve a variance of 9’ from the required road-right-of-way setback of 10’ and a variance of 21 ’ from the required top of bluff setback of 30’ for the placement of a drain field 1 ’ from the road right-of-way and 9’ from the top of the bluff as depicted on the drawing submitted with the variance application and to approve a variance of 10’ from the required road right-of-way setback of 20’ and a variance of 6’ from the required top of bluff setback of 30’ for the placement of a 24’by 40’ garage 10’ from the road right of way and 24’ from the top of the bluff. The practical difficulty is the terrain of the applicants’ property. It was noted that this is the best location on the property and is the best proposal the applicants have submitted. I SCALE DRAWINGI FORM 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, topographic features (i.e. biuffs), and onsite impervious surface calculations. r %Impervibus Surface Ratio (Must Complete Worksheet On Other Side) Scale I ; 1 1 ) :1 ! : i 1 i ;i i ; :J- L. J !^ □ tS-i r /JJTJfJii mii L a -_ i ;■ 2' fW \ \ ^ t.''T / >i.]'\ 1 f'v I :s Zi !\I It;i I .!;I I t i I Signature of Property Owner Date BK — 0909 338.596 • Victor Lunaeen Co, printers • Feigus Falls. MN • 1-800-3^6-4870 SCALE DRAWING FORM J ^9 2> ^S9c0 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, loilines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface cafcu/atlons. J L’lOv'l ' ^r % Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale I 1 ;/ : -I 7T' 5 s. WJ\ B I J a t»' a;^7 a n7 ■------A-■/ kLj/ 2"«/ — \ \1 I.5 4 ® y4I i- • tI 1^ WVI Signature of Properly Owner Date SK — 0909 :338.S56 * V'iciQr LunCMn Co. PnrHsrs • F«i;us fiKs. MN • l-o00-3o5-to70 ! Memorandum To: Board of Adjustment From: Gary T. and Claudia Volk 39644 Marion Lodge TrI Perham, MN Date: 7/13/2011 Re: Variance Request A remodel plan has been developed for our property at the address listed above. The footprint of the original structure will remain the same. Plan includes; 1 . Converting a screened in porch to a 4 "season room 2. General remodel to current structure 3. Add deck on the road side of the property 4. Add detached garage 5. Add/Enlarge deck on the lake side of the property Variance Request # 1 Problem: 1. A 6 ft deck is currently attached to the lake side of the current structure. This 6 ft deck is not a functional family space due to current minimal width. Variance Request: (Refer to attached scale dravying) a) Request land use variance for expansion of the lakeside deck per attached planned scale drawing. Supporting Information: (Refer to “The Shoreland Management Ordinance of Ottertail County, Minnesota” Revision date June 2011.) a) Article III District Requirements (H) Decks Setback Requirement; Deck was attached to the house prior to February 5,1992. Refer to attached documentation of 1) picture of home with deck attached and no home on adjacent property 2) property record of adjacent home with build date of 1991. Per the ordinance “Decks that do not meet setback requirements from public waters may be allowed without a variance to be added to structures existing on February 5,1992, if all the following criteria and standards are met.” 1 July 13, 2011 1. No Other reasonable location for a deck—criteria is met after property evaluation, a family functional lakeside deck has no other reasonable location. 2. Deck encroachment does not exceed 15% of existing shbreland setback. It can be presumed that the OHWL level has changed since the house was built in 1980 with current setback measurement of 74 ft as confirmed by Tim Griep rather than the required 75 ft setback which was met with the original building permit. In compliance with the 15% rule, the deck can be approved up to 11 ft (74 ft to OHWL x 15%). The deck is proposed to be 12 ft. Variance request to allow 12 ft depth. 3. Deck is not roofed or screened—criteria is met with open deck plan •v: Variance Request #2 Problem 2. Per Mr. Tim Griep site visit and measurement, the structure is 74 ft from OHWL instead of the required 75 ft. a. Request a 1 ft land use variance for current screened in porch that is planned to be converted to a 4 season room to be in straight alignment with the current structure and not set back 1 ft. Requirement of a 1 ft setback from the current structure will cause design complications as well as additional cost. Both variance requests are in an effort to comply with “The Shoreland Management Ordinance of Ottertail County, Minnesota” Revision date June 1, 2011 with appropriate proposals and attachments. Article V, Section 5. Variances from Standards: a. Harmony: Requests will not alter the essential character of the locality b. Economic: Request for Variance #2 to avoid a negative economic impact of the re-design of the remodel addition and additional construction costs. c. Prohibited Use: Deck use should not be prohibited with minimal increased size request from 11 ft allowed to 12 ft. d. Imposed Conditions: Adjacent property owners have no objections e. Additional: 1. Rights enjoyed by other owners- secured with no objection by owners 2. Sewage system—inspected and compliant June 2011 3. Public interest—not contrary to public interest or damage to property values—^value of property will increase with remodel and proposed lakeside deck. Attachments: 1. Variance Request Form 2 ) July 13, 2011 2. Neighbor Comment x 2: Letters are attached from the neighbors on either side of the home reflecting no objection to the deck request. 3. Scale Drawing (Current) 4. Scale Drawing (Proposed) 5. Picture of deck in existence prior to February 5*'' 1992 and, supporting adjacent property information noting build date of 1990. 6. Shoreland Management Ordinance of Ottertaii County, Minnesota” Revision date June 1, 2011. a. Article III District Requirements (H) Decks b. Article V, Section 5. Variances from Standards: : 1 ■V, 3 •/ , I Existing Breakdown of Structure Dimensions for Impervious Surface: Total 4664 sq. ft. Driveway; Total 1248 sq. ft. (Refer to attached tax statement) Side Walk (Entry); Total 153 sq. ft. 25.6x6= 153 sq. ft. Side Walk (West side of dwelling): Total 234 sq. ft. 78 X 3 = 234 sq. ft. Building (Dwelling. Garage, Entry, 3 session porch); Total 2518 sq. ft. . (Refer to attached tax statement) Side Walk (East side of dwelling); Total 126 sq. ft. 42 X 3 = 126 sq. ft. Retaining Wall; Total 7 sq. ft. Existing Deck (Lake Side); Total 240 sq. ft. 6 X 40 = 240 sq. ft Stepping Blocks to Lake; Total 88 sq. ft. 59 X 1.5 = 88 sq. ft. Lake Steps; Total 50 sq. ft. NOTE: At 4664 sq. ft. is 19% of Impervious Surface Ratio. 254-0" ■CD I—/2jb ^7 asi% D o oo V So----^ 246-0” Planned Breakdown of Structure Dimensions for Impervious Surface: Total 6152 sq. ft. Remove - Side Walk (West side of dwelling): Total 234 sq. ft. 78 X 3 = 234 sq. ft. Remove - Side Walk (East side of dwelling): Total 126 sq. ft. 42x3 = 126 sq.ft Remove - Stepping Blocks to Lake: Total 88 sq. ft. 59 X 1.5 = 88 sq. ft. Remove -12 x 24 3 season addition: Total 288 sq. ft. Add - 24 X 24 four season addition: Total 576 sq. ft. Add - Deck to lake side: Total 352 sq. ft. 8 X 20 = 160 sq. ft. 2x60 = 120 sq.ft. 4 X 18 = 72 sq. ft. Add - Deck to street side: Total 360 sq. ft 12 x 30 = 360 sq. ft. Add - Garage 36 x 26: Total 936 sq. ft. SUMMARY NOTE: Current Impervious Surface Total of removed items Total of added items = 4664 sqft <736> sq. ft. 2224 sq.ft. 6152 sqftTotal Planned Total Planned Impervious Surface ratio is 24%. rlariru^ci 254’-0" a ■f—'ISb—> 3.51'5 oH----13^45 O V o753 oooI ^3^5 50 246‘-0" QO