Loading...
HomeMy WebLinkAbout29000990247000_Variances_07-05-2001Variances Barcode 128 . « \ 885256 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 885256I hereby certify that this instrument #_ was filed/recorded in this office for recQj;d on the /X Hay of 2001 at punty F^ecorjeJj^r P^trty' Wendy it\Mel6^lf, ^^^-i^j^recordin^fee ^ ------^well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE REClIVED COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 APR - 2 2001 LAND & RESOURCE *** COMPLETE THIS APPLICATION IN BLACK INK 0(0Application Fee 133M0Receipt Number (336) 229-5089PROPERTY OWNER Denton 0. Baumbarger 3605 Mine Creek Road, Burlington, NC 2/21/-'75'76' ADDRESS A8991 2?Oth 5trpp1-. Vim'nP. MN 56588____________sit'W ’LAKE NUMBER LAKE NAME Stuart/East Battle SECTION 34 TOWNSHIP 133N RANGe39W 0 "i Nidrous 41000990235001 L;? PARCEL NUMBER Hirarrl 29000990247000 DAYTIME PHONE RE LAKE CLASS /Nidaros & GirardTOWNSHIP NAME V FIRE / LAKE I.D. NUMBER >3i 3‘i LEGAL DESCRIPTION Lot fi\»e—(5)"~and the East 00 feet of lot fuui (4), Albrecht's Addition to Camp Qfr-n-rriino fn fhp rarrirrlnd pi x I llieiyrTF. OJUy>uiytihnLj dddAU tb , j ^ ^ ^ y?, TY^ Misc. XStructure Setback X Structure Size Sewage System ClusterSubdivision SPECIFY VARIANCE REQUESTED Variance request for structure setback from OHW lake level, from lotline setback and from road right-of-way setback; also for variance for total impervious surface %. Please refer to scale drawings of existing and proposed structure features. Except for the NW comer, the cottage does not sit on a concrete foundation; it rests upon blocks of tree trunks. The center of the cottage sits upon 4"x6" wood beams supported by 4"x6" wood vertical Over time, the wooden "foundation” has rotted, sunk into the sand and All cottage floors, walls, ceilings and the roof have sagged; in addition. We desire to remove the existing structure and replace it with a similar sized cottage with a masonry foundation. In order to reduce the % of impervious surface, if required we are willing to eliminate approx. 641 sq. ft. of existing concrete surfaces. Please refer to the scale drawings of "Existing" and "Requested/Proposed" site features. Upon recent examination, it was also discovered that some flooring and exterior wall studs and sills are rotted from water contact. supports resting on the soil, been heaved by frost, the SE comer of the cottage is leaning to the South. 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 UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. i SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 4/^i'A^'i- Cp_ — <u ^1^3 /^A/'^yj^\2^5 ^36-00/ 3(36-00^ 2U33rma) - (lATYvmA'yn-i . ^ 3foLu^ 31 Yd " OO/ duy ddy 350 335 250 ~(QO/ 357 Accepted By Land & Resour^y dniAi L & R Official/Date 5'3o /f/77.5T ^cfo/Date Of Hearing Time Motion — Denton O. Baumbarger - Approved with condition. Motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve variances of 64’ and 73’ from the required ordinary high water level setback of 100’ and a variance from the required road right-of-way setback of 20’ for the replacement of a 1,030 square foot structure with a 1,216 square foot structure 27’ from the ordinary high water level of East Battle Lake, 36’ from the ordinary high water level of Stuart Lake and 13’ from the edge of the graveled surface of the Stuart-East Battle Lake road with the condition that no more than 31% of the total lot area, as determined by the Land and Resource Department, can be covered with impervious surfaces. It was noted that should the lot be larger then the 17,334 square feet as stated on the applicant’s drawing then the maximum impervious surface coverage is restrict to 31% of the 17,334 square feet and if the lot should be smaller than stated on the applicant’s drawing then impervious surface coverage is restrict to 31% of the actual lot area. Hardship is a substandard lot of record, the location of the applicant’s lot between two lakes and the 14’ road running through the applicant’s entire lot. It was also noted that the variances as granted would provide the applicant with a reasonable use of his property and will provide for a significant improvement to the property. Board of A^stmentoun Periryt(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No Tfi ^Ijklni L R Official/Date Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291,306 • Victor Lurtdoon Co.. Printers • Fergus Falls. Minnesota RECEiVEU APR 1 6 2001April 9, 2001 Denton O. Baumbarger 3605 Mine Creek Road Burlington, NC 27217 land & RESOURCE Dear Board of Adjustment Members: The purpose of this letter is to clarify a portion of the APPLICATION FOR VARIANCE which I sent recently and also, to serve as an addendum to the section titled “Specify Variance Requested”. It has been brought to my attention that 1 need to provide more detailed information pertaining to the type of variances requested in my application. The variances requested are as follows: 1. Setback from OHW level: 27 ft. from East Battle Lake and 36 ft. from Stuart Lake 2. Setback from road: 13 ft, from edge of graveled surface of Stuart-East Battle Lakes road 3. Total Impervious Surface Onsite %: Existing onsite impervious surface is 40.15% and Proposed onsite impervious surface is 36.09% Please note the above referenced changes to the “Specify Variance Requested” section when you are considering my application for variance. Thank you and we look forward to meeting you at the July 5, 2001 Board of Adjustment meeting. Sincerely, Denton 0. Baumbargi .V : .grid(s) equals cffrat.Zj'x feet, or oy£Scale: •feet.inch(es) equalsor\<L Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) Total Impervious Surface Onsite Total Lot Area (FT2) ,(FT2)/T3 ^ tc ^^ ^ S- o « « *r\ ® o 0 « ^ 05 I 5* ra1 I >L te.-r. H %?>v» I V> c 74.oM 0 ON 00 s7^ u,3 J 0^0 (N o o n V e 9 Ct0 p ftO Q o ft » QQ ftU QO <5<i \ <•< \<y \ V a \w r.A r5 W 1^) VV Ufi' \ V* b:v\ ^ W ^ ^ t-f “h e K ' t. ~ -*<v ^ V' VA m51»o 'S*S s.•V(»c>aI ^O 5^3<6 N.415o\tr a*2.X VPINfVftNOr.■r- •'X ^“ :5 fi Signature ^ Dated 5TT> aBK — 0500 — 029 o 300.816 • Victor Lundeen Co.. Printers • Fergus Falls. MN • 1-800-346-48 (rn!<k€ e1 00 )Jf srt ®7^ ^ J .grid(s) equals apfnut. feet, or Z4OAJEScale: . cpa/e inch(es) equals feet Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) C, °l6o ^o.lS17, 3? H . ‘V0/.5 %X 100 =4- Total Impervious Surface Onsite Total Lot Area (FT2) (FT2) / ^ 5>P a:? P ^ ^ I 4 £ i -f 7 T I ^ c Oft •i/i' ±1 rl-.-? ■> v> oj V» ^ O ;5 ^ -sfBSo*VA ^ ^ VX) V. -T » 0 A -t*0 »> O Ci Qsr?-:•+. 5.__ I V 0 ^ » O o rf NlA A t CJ)=r-O o C iji oa 0 O rpAr%r'7TftXA0u7T RECEIVEDX L «<»V X?0 ^Q<jftOQo0»QQ0^APR - 2 2001ft p Is<TN ti­ts09i Pi 8^^ I •N LAND & RESOURCE^-5 O X 2.i X X X^ ^ > 1% ft £ft o\ cj> \ I-o t: %\ - \ ^ ' At" \ ^ \ f>£01 C5'tSl v\ V'"w 'r 1^16 ' >Vft w ^ tA) 'S ^<\ X 03S'% 8- irt ™ T" f' <» C ? V O R ^ (t> - 1 X ^ -•Ift N O'S m1rao>3 N.fXnIft\p ^ vx 3 » -*x>-la :::h%X ,:5Q cI‘A I ^ated rr Signature IBK — 0500 — 029 ^^ 300,816 • Vidor Lufideen Co , Printers • Fergus Falls. MN • 1-800-346-4870 1 (ft 6 I e f »“ 7 1^0 c/~ fvtsjft^ ^ cJ- lnj/*lt^ ,£jt- '('^c^^Ui-y^M^ /ute£&j^, / I RECEIVED APR - 2 2001ACKNOWLEDGEMENT WND& RESOURCE I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60 DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.I UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY APPLICATION. TED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH FORMLTRS/6 ODAYACK MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, July 5, 2001 The Otter Tail County Board of Adjustment met Thursday, July 5, 2001, with the following persons in attendance: Cecil Femling David Holmgren Randall Mann Steve Schierer Robert (Bob) Schwartz Mark Steuart Pat Eckert, Land and Resource Management David Hauser, County Attorney Call to Order - Randall Mann, Chair, called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - Hearing no corrections or additions the minutes of the June 14, 2001 meeting was approved as mailed. The following variance requests were heard: Denton O. Baumbarger-Approved with condition. Denton O. Baumbarger, Burlington, NC, requested a variance of 64’ and a variance of 73’ from the required ordinary high level water setback of 100’, a variance from the required road right-of-way setback of 20’ and a variance from the 25% maximum impervious surface coverage for the replacement of a 1,030 square foot structure with a 1,216 square foot structure being placed 27’ from the ordinary high water level of East Battle Lake, 36’ from the ordinary high water level of Stuart Lake, 13’ from the edge of the graveled surface of the Stuart-East Battle Lake road and having total impervious surface coverage of approximately 36.09%. It should be noted that approximately 40.15% of the total lot area is presently covered with impervious surfaces. The property is described as the East 66’ of Lot 4 and all of Lot 5, Albrecht’s Addition to Camp Nirvana, East Battle Lake and Stuart Lake in Girard and Nidaros Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve variances of 64’ and 73’ from the required ordinary high water level setback of 100’ and a variance from the required road right-of-way setback of 20’ for the replacement of a 1,030 square foot structure with a 1,216 square foot structure 27’ from the ordinary high water level of East Battle Lake, 36’ from the ordinary high water level of Stuart Lake and 13’ from the edge of the graveled surface of the Stuart-East Battle Lake road with the condition that no more than 31% of the total lot area, as determined by the Land and Resource Department, can be covered with impervious surfaces. It was noted that should the lot be larger then the 17,334 square feet as stated on the applicant’s drawing then the maximum impervious surface coverage is restrict to 31% of the 17,334 square feet and if the lot should be smaller than stated on the applicant’s drawing then impervious surface coverage is restrict to 31% of the actual lot area. Hardship is a substandard lot of record, the location of the applicant’s lot between two lakes and the 14’ road running through the applicant’s entire lot. It was also noted that the variances as granted would provide the applicant with a reasonable use of his property and will provide for a significant improvement to the property. Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Denton O. Baumbarger 3605 Mine Creek Road Burlington, NC 27217-7575 Denton O Baumbarger 43921 220'^ Street Vining, MN 56588 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, July 5, 2001, at 6:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN, (Please use the west Law Enforcement entrance.) 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 the East 66’ of Lot 4 and all of Lot 5, Albrecht’s Addition to Camp Nirvana, E911 Address - 43921 220‘^ St. Fire# Section 34, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD Section 03, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-191, Lake Name - Stuart, Class -RD The variance requested is: a variance of 64’ and a variance of 73’ from the required ordinary high water level setback of 100’, a variance from the required road right-of-way setback of 20’ and a variance from the 25% maximum impervious surface coverage for the replacement of a 1,030 square foot structure with a 1,216 square foot structure being placed 27’ from ordinary high water level of East Battle Lake, 36’ from the ordinary high water level of Stuart Lake, 13' from the edge of the graveled surface of the Stuart-East Battle Lake road and having total impervious surface coverage of approximately 36.09%. It should be noted that approximately 40.15% of the total lot area is presently covered with impervious surfaces. 'JlBoard pfKdjustnient SecretaryDate: June 15, 2001 /ru -4 . ■OTTER TAIL COUNTY Fergus Falls, Minnesota fState 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 18th, day of June, 2001 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Denton O. Baumbarger, 3605 Mine Creek Road, Burlington, NC 27217-7575 Denton O. Baumbarger, 43921 220*'' Street, Vining, MN 56588 Debra Beiderman, Twp Clerk of Nidaros, 40578 Cliff Road, Clitherall, MN 56524 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 Allen Keep, East Battle Lake Assoc., Rr 2 Box 331, Henning, MN 56551 Phil Williams, Stuart Lake Assoc., PO Box 102, Clitherall, MN 56524 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, 31548 County Hwy 75, Wadena, MN 56482 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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 18th, 2001 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud i. LOIS tt RCLITMAM TUUtjtEl:: Rk i iiOK 17 VliilHQ, MR 5G5aa-'j'/0a EVERETT S UUikE ET AL Rft i BUK IE VIKING, HN 5G58a-G70B NiUN DEFT Ut- CGNGERVATION /a^/ ^ik. (hx t SOUUU. TrjN 5^537 PAUL E tlAkV DLiNGER FU BGE E0 OEAKIS, NN 5£.3oa-e©2» DENTON O L BETTT BAUNBARGEH 3EwG NINE CREEK RD BURLINGTON, NC 27217-7373 BRYAN K SELVAAG CNR 4Bti BOX 6B APG, AE ©9128 JOHN L E CHERYL N CZECH 3437 FINE ET CIRCLE FINES, MN 55014-2018 JOHN E SARA L BOWLING 1800 90TK ST NW CLIVE, lA 50325-5451 FUNNEL TST ATTN LOIS n ROE'JNAN TRUSTEE RR 1 BOX 17 VINING, NN 58588-9708