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HomeMy WebLinkAbout29000280194003_Variances_06-11-2015Variances 2 Barcode 128 MI-Z0I5 1160090 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 06/19/2015 10:01 AMCOR^CE/VEO 18 2015 ‘^^^f^BSOURCE LT> IjO---FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D: N:CD • •- XSo*— CO mlUL&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 ^Do OOApplication Fee Receipt Number Accepted By / Date /iS~ COMPLETE THIS APPLICATION IN BLACK INK Lt-lr..nO R./. / * n DAYTIME PHONE 70/‘ VPROPERTY OWNER Bo 7J,MAILING ADDRESS /g^ / 7// /t?e D r ./oJ- “ M U /tA=LAKE NUMBER LAKE NAME LAKE CLASS as AAt / f <L/- /-RANGE -^9TOWNSHIP /33SECTION TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS Ue. aJi h 43/r/M >/-,// ^ -2.9 A/c’j^ -) LEGAL DESCRIPTION ct A //V AJE Co>^ (Fartei /f) A ■Adi UciCLl TYPE OF VARIANCE REQUESTED (Please Check) 11 t 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. vS' «- t y pro^oj, ^ y~ A ^ Cl /"<s- V c <Qq. o ^ ■/ ^i, D 'xy2>9. *^ c. ^ S-for^^ e. 9-/ie. ^ yof -2-0 A, ^ C>' . 2(L <i-.s o ^ y-<T', .T,cJ( +h Cp ^ <Al<z {AC>-f f i£ ^ A AA- 4' ^ iof- ^ 2a^ 2 f Ac ^ AD a Ce_ O^ a o Jrc. Ci •"a ^crryfs. 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. W<^JiU SIGNATURE 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 19*1 • Victor limdeen Co Printers ♦ Fergus Falls Minnesota •' / 6Date Of Hearing Time Motion Leland R. Faick- Variance application approved as requested. (6:57 p.m.) After consideration and discussion, Paul Larson made a motion, second by Steve Schierer, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested, the granting of the variance would not be consistent with past decisions and would establish precedence. This motion failed with Thomas Lee, Jack Rosenthal, Jodi Sazama and Ward Uggerud voting no. After additional discussion and consideration, Thomas Lee made a motion, second by Jack Rosenthal and carried with Paul Larson Md Steve Schierer voting no, to approve a variance of 7.5’ from the 20’ maximum allowable height of a non-dwelling for the construction of a 60’ by 102’ storage building having a height of 27.5’ and being approximately 252’ from the ordinary high water level. Those voting in support of this motion noted that the proposed structure would not obstruct the view from the adjacent properties and the size of the applicant’s property. Hardship/practical difficulty is the terrain features of the applicant’s property. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 ' • Willie Gartner - Variance application approved as modified. (6:41 p.m.) Willie Gartner, part of Government Lot 6, Section 2 of Scambler Township by Pelican Lake, requested the following: Want to add on to a shed which is located next to the right of way. Requesting a variance of 17’. Minimum requirement is 20’. Also requesting a variance of 5’ to property line. Change direction of roof line and add on 1’ to length of existing shed. The audience was polled with no one speaking for or against the variance as requested. A letter from the Otter Tail County Highway Department addressing the applicant’s request was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Jack Rosenthal and unanimously carried, to approve a variance of 5’ from the required side lot line setback of 10’ for the placement of the proposed shed and shed addition (size as depicted on drawing) 5’ from the lot line and 10’ from the septic tank. The proposed location will provide the applicant with a reasonable use of his property and the proposed structure is similar to other structures in the immediate area. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Jonah and Sarah Pfeffer - Variance application approved as requested. (6:48 p.m.) Jonah and Sarah Pfeffer, Lot 1 Dursch’s Silver Bay, Silver Lake in Everts Township, requested the following: We would like to add a 12’ by 12’ enclosed screened-in porch to the north comer of our cabin. It will be in line with the existing dwelling and be 3’ from the property line. Gary Dirckx represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion. Ward Uggemd made a motion, second by Jodi Sazama and carried with Thomas Lee voting no, to approve a variance of 7’ from the required side lot line setback of 10’ for the addition of a 12' by 12’ enclosed screened-in porch to an existing dwelling 3’ from the side lot line and no closer to the ordinary high water level than the existing dwelling as depicted on drawing submitted with the variance application. It was noted that the existing dwelling is currently 3’ from the side lot line and the proposed development would be an extension of that wall towards the lake, but would be no closer to the ordinary high water level than the existing stmcture. The variance as approved does not directly or indirectly grant any other variances for the proposed development. David and Beth Helgerson - Variance application approved as requested with condition. (6:52 p.m.) David and Beth Helgerson, part of Government Lot 2, Section 24 of Dora Township by Hoffrnan and West McDonald Lake, requested a variance to subdivide 19,477 square feet, by metes and bounds description, from an existing 11 acre parcel for permanent attachment to Lot 3 and 4 of Hoffinan’s Beach. The applicants were represented by Glenn Howe, Surveyor and Troy Higgins. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Jack Rosenthal and unanimously carried, to approve the proposed subdivision as described in the variance application dated May 8, 2015 and as depicted on the surveyor’s drawing submitted with the variance application with the condition that the area contained with the proposed parcel cannot be used when determining imperious surface coverage for lake lot development. The variance as approve is consistent with past decisions of the Board of Adjustment. y Leland R. Falck - Variance application approved as requested. (6:57 p.m.) Leland R. Falck, part of the Northeast Quarter of the Northeast Quarter, Section 28 of Girard Township by Mason Lake, requested the following: Proposing to construct a 60’ by 102’ storage structure being approximately 252’ from Mason Lake. Proposing the structure to be 27.5’ in height to theT)eak-xTh©‘»»*n required height is 20’. Requesting a 7.5’ variance for the height of structure. Page 12 ^Leland R. Falck - Variance application approved as requested. (6:57 p.m.) - Continued 1 could go back fiirther but would have to destroy trees. 1 don’t want to do that. It takes to many generations to restore. 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 Steve Schierer, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested, the granting of the variance would not be consistent with past decisions and would establish precedence. This motion failed with Thomas Lee, Jack Rosenthal, Jodi Sazama and Ward Uggerud voting no. After additional discussion and consideration, Thomas Lee made a motion, second by Jack Rosenthal and carried with Paul Larson and Steve Schierer voting no, to approve a variance of 7.5’ from the 20’ maximum allowable height of a non-dwelling for the construction of a 60’ by 102’ storage building having a height of 27.5’ and being approximately 252’ from the ordinary high water level. Those voting in support of this motion noted that the proposed structure would not obstruct the view from the adjacent properties and the size of the applicant’s property. Hardship/practical difficulty is the terrain features of the applicant’s property. Richard and Kay Herbrandson - Denied. (7:08 p.m.) Richard and Kay Herbrandson, part of Government Lot 4, Section 23 of Amor Township by Otter Tail Lake, requested the following; Split off adjacent parcel creating a substandard lot with 60’ lake frontage and 15,000 square feet of area. Ordinance requires 100’ frontage and 20,000 square feet of area. Split Parcels A and B and declare each lot buildable. Each lot will have 60’ frontage and 15,000 square feet of area. Imperv'ious Surface Lot A - 24.42%. Impervious Surface Lot B - 5.09%. Milt Paulson appeared with the applicants at the public hearing. The audience was polled with Jim Bergerson speaking against the variance as requested. After consideration and discussion, Thomas Lee 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 would allow for the granting of the variance as requested, the granting of the variance would not be consistent with past decisions and would establish precedence. Approximate Break of 5 to 10 Minutes - Donald and Karen Gibson - Variance application approved as requested. (7:30 p.m.) Donald and Karen Gibson, Lots 57 and 58 of Nedberg-Nye Survey Lots of Government Lots 1, 2 and 3, Devils Lake in Edna Township, requested a variance of 7’ from the required road right-of-way setback of 20’ and a variance of 8’ from the required ordinary high water level setback of 75’ for the placement of a 26’ by 40’ garage 13’ from the road right-of-way and 67’ from the ordinary high water level. The audience was polled with Nate Tobkin speaking for the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 7’ from the required road right-of-way setback of 20’ and a variance of 8’ from the required ordinary high water level setback of 75’ for the placement of a 26’ by 40’ garage 13’ from the road right-of-way and 67’ from the ordinary high water level. Hardship/practical difficulty is a substandard lot of record. The proposed development is behind the dwelling and away from the lake. The proposed development is similar to other development within the immediate area. The variances as approved will provide the applicants with a reasonable use of their property. The variances as approved do not directly or indirectly grant any other variances for the proposed development. Paee I 3 Approximate Project Location (60x102) X i -4 C->cO {Mmn ■\\ *'240TH ST , 4664fcA4toj i ' .X.: • 'V»*'s 4 >'■■>■ >5 t)trrt ri <rr ~r-* \S0^4rS5"£ 46^.5130T‘47^’E I3n.l3/ K\ COR. OF THE I -400.00I I /RON /TONUnBTT NE//4-NE//4 \ sec. 3E-/33-SR STREET 3KO.R2 SOr-mS’E 405.6/I X /RON rtoNurwrr CAPPED NO. 40037I /RON nONUriEHT CAPPED NO. 13400\\IRON nONUnEUT ^ CAPPED NO. 7575 5| 5S.X C£NT£KLtN£ ASy'CCNSTRUCVEDy'\ ir.>\240TW^-"I \ ,7— Se4r47'5B^£ 4^.61»loacoI""street/3<0.‘D74-■ — 30r4nX’E 406.5/ — •s S'LY R/hi LINE OF 240TN STREET AS SNOHN IN HAG SUBDIVISION'jOR. -39 C'/ 5 y )UDSl'W£Sr LINE OF THE NEI/4-NEIM S/fcr^23-133-3 9 NE"LY R/H C.S.A.N. A I I 15 N / I N L. -u<c5 IS PARCEL A 7.48 ACRESIO 8 5 I-u N673373'r 30.00 PARCEL D 5.09 ACRES // \ — 639.31 — 441.7:145.21 NORTH LINE OF THE SOUTH 235.00 FEET!S S'LY ADJOINER'S SEHER VENTS\OF THE NEI/4-NEI/4\in FOR DRAIN FIELD SOUTH\SEC. 23-133-39<nCV|\\235\\/in \/in \/:s \/\/Cl \/\/s I\I\\/V 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 orren run« r■miMMiiaia Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Leland R Faick Living Trust 1711 Red River Court Wahpeton, ND 58075 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, June 11, 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 part of the Northeast Quarter of the Northeast Quarter, Property Address - None - Loc. Adj. to 42694 240‘'' St. Section 28, Township 133, Range 39 - Township Name - Girard Lake No. 56-196, Lake Name - Mason, Class - NE The variance requested is - the following: Proposing to construct a 60’ by 102’ storage structure being approximately 252’ from Mason Lake. Proposing the structure to be 27.5’ in height to the peak. The required height is 20’. Requesting a 20’ variance for the height of structure. I could go back further but would have to destroy trees. I don’t want to do that. It takes to many generations to restore. Stein Board of Adjustment Secretary May 22, 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 26th, day of May, 2015 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Leland R Faick Tst, 1711 Red River Ct, Wahpeton, ND 58075 3428 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 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 Third Ave SE, Ste 4, Perham, MN 56573 Jack Rosenthal, 150 Willow Road, Ottertail, MN 56571 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: May 26, 2015 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: tlu Vi Manderud ,3 FRANK & DAWN C DAHLMAN 15768 RANDALL LN MINNETONKA, MN 55345 5520 JOHFTT & TERRY L BUMGARNER 6830 NEWTON AVE 5 RICHFIELD, MN 55423 2117 GARY W & KAREN A BUTCHER 23998 COUNTY HIGHWAY 5 HENNING, MN 565519436 WILLARD L & MARILEE J DOMIER 23805 CLARISSA HAVEN DR HENNING, MN 565519479 FRIENDS OF CREATION SCIENCELLC 45011 230TH ST HENNING, MN 565519449 LELANDRFALCKTST 1711 RED RIVER CT WAHPETON, ND 58075 3428 JONATHAN M & KARISSA M GUCK 23730 CLARISSA HAVEN DR HENNING, MN 56551 9438 CLAREEN E HEIKAL 3117 LAURALAVE CHEVERLY, MD 20785 1252 SCOTT 8i LINDA GIBSON 1014 CRYSTAL WAY N MUSTANG, OK 73064 2726 JOHANNA R LOVE 23711 CLARISSA HAVEN DR HENNING, MN 565519438 KASEY J MACK 42648 240TH ST BATTLE LAKE, MN 56515 9638 LESTER D JOHNSON 23737 COUNTY HIGHWAY 5 HENNING, MN 565519436 LOUIS R & BEVERLY B MCNAMARA 23799 CLARISSA HAVEN DR HENNING, MN 565519438 DONALD R & DIANA M MAGNUSON 23693 CLARISSA HAVEN RD HENNING, MN 565519437 L LEE 8i DIANE J MADETZKE 2400 95TH ST W BLOOMINGTON, MN 55431 2404 THOMAS R 8i PAULINE PARISH 23695 CLARISSA HAVEN DR HENNING, MN 56551 9490 PIERCE TST 248 KAREN DR ALAMO, TX 78516 0 JASON T NESS 42694 240TH ST BATTLE LAKE, MN 56515 9638 DOUGLAS & DOREN GIGSTAD STAVE 514 23RD AVE N FARGO, ND 58102 1927 GLENN VANZEE 42502 240TH ST BATTLE LAKE, MN 56515 9638 JOHN D SAYRES TSTEE 23783 CLARISSA HAVEN DR HENNING, MN 565519438 KENNETH LWASHEK 23759 CLARISSA HAVEN DR HENNING, MN 565519438 JED E WALL 806 3RD ST N WAHPETON, ND 58075 3404 KYLE T 8i KATHERINE M JOHNSON 16179 CRANE ST NW ANDOVER MN 55304-4958