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HomeMy WebLinkAbout29000990418000_Variances_09-10-2006IVariances 2 Barcode 128 1008848 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument g 1008848 was filed/recorded in this office for record on the 7 day of -----------i \ ((\(~" .2b06 atZ^j2Qam/^m L Me;ca|f, County fjfedordef^.We.nd by; oimty f^edordef^ |p\n^/pe^uty .recording fe llwell certificate 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 COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER MAILING ADDRESS ti I FFo RD BrooKS RECEIVED SEP 12 2006 land & RESOURCE Application Fee Receipt Number imij Accepted By / Pate(^Qd^^X 1 ZZ’4 S3 OHDAYTIME PHONE iviMii.ii>iv:i ML/uncoo .H05 mAg-TMA L-/H 1aJ)CODRl^V MM LAKE NUMBER SI-133 LAKE NAME _LAKE CLASS _ Ab SECTION NUMBER 24 TOWNSHIP l'33 RANGE 59 TOWNSHIP NAME & i (L l%ooo ADDRESS ‘Vs3ga LiBetzrf Lao^. LEGAL DESCRIPTION L.OT Z. TV)<l Fi/esr AOOIT'IOJ^ I'D £/^/0£>A- 8(T/4Cf/ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ 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.(3/^£^^ Ii>l4l. use- A-i 0crrH /Mo . 0LSO OPVO uU trH SiS'-X-Ho' Q.esi txjocc. ^x.i6T/H6 hbJeujA/6 Ta /^B/moizet TO BBasms my uoellin6. 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/l5/6i ) I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. 9- /P-O^ DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Hearing /O^OS"^Time Motion Clifford Brooks - Denied. (7:30 p.m.) October 5, 2006 Meeting - The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to table, with the verbal agreement of the applicant, this variance application until the November 2, 2006 meeting for additional information regarding the outcome of the potential sale of this property by the applicant. November 2, 2006 Meeting - The applicant did not attend the November 2, 2006 meeting. After discussion and consideration, motion was made by Steve Schierer second by Les Estes and unanimously carried, to deny the variance as requested unless the applicant submits, on or before November 16, 2006 a letter granting the Board authority to table the applicant’s request for consideration until the December 2006 meeting of the Board of Adjustment 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,nk(o(^ L R Official/Date bk 0106-001 V. Lundeen 324855 Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. / f d 7. f ' Scale Impervious Surface received SEP 1 2 2006 LANDS RESOURCE !<■ 1,0 BK — 0505 Signature of Property Owner Date 322,160 ■ Vtctor Lundeen Co. Pt'iTters » Fergus Fa’ls. MN • t-600-346-4870 System design must be to scale and must include the proposed location of the sewage system, all existing/proposed buildings, property lines, the ordinary high water level of the water body, wetlands, bluff and all water wells within 150' of the sewage system. If there are any questions, see the University of Minnesota Site Evaluation worksheets. Scale:_grid(s) equals _feet, or / inch(es) equals VO feet i eke J MPCA LICENSE #:/6> G DESIGNED BY: FIRM NAME: ADDRESS: P-O. /2»k $~C Buffiia.. /h^. LICENSE CATEGORY: U' DATE: ________________________ SIGNATURE: I BK — 1003 - 029 316.904 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4870 * RECEIVEDSITE DATA WORKSHEET LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL SEP 1 2 2006 GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 565:^q ^ RESOURCE218-998-8095 ^ www.co.otter-tail.mn.us OWNER: ProoK % Sewage Treatment System Permit #_ LAST NAME FIRST MIDDLE TELEPHONE NUMBER &BBBSSS1 565 Ma3 / 0**^ STR./RT CITY /3^_____£^i ^ V STATE -?/ /3i ZIP CODE 3T LAKE/RIVER NO.LAKE NAME LEGAL DESCRIPTION; . l-o t Si a ' ^/3c*;c^ SEC. TWP SOIL BORING LOG RANGE TWP. NAME i/70on PARCEL NUMBER E-911 Address or Directions From Nearest Public Road NUMBER OF BEDROOMS 3 GARBAGE DISPOSAL: YESproftCifJ _ . WELL: CASING DEPTHc/*e/ ft. SEWER LINE SEPARATION: J 7 It. FLOODPLAIN: YES BLUFF: YES VEGETATION: AQUATIC ^ERRESTRIAL^ SLOPE AT INSTALLATION SITE: 0 % TYPE OF OBSERVATION: Probe Pit ^Boring PARENT MATERIAL: (S^ Outwash Loess Bedrock Alluvium ORIGINAL SOIL: No COMPACTED SOIL: Yes ^Np) DEPTFI OF BORING (To T or restrictive layer):' ^___________ft. DEPTH(INCHES)TEXTURE COLOR a MUNSELL NO.STRUCTURE U~(f BLOCKY PLATY PRISMATIC NONE loi/C BLOCKY PLATY PRISMATIC NONE ? t/'ifu"loYe 4 BLOCKY PLATY PRISMATIC NONE BLOCKY PLATY PRISMATIC NONE BLOCKY PLATY PRISMATIC NONE Date of Soil Borina ~1 ' O ^ Date of Perc Test ?- 7- 0 („ PERC TEST # 1 - TWO TESTS ARE REQUIRED -PERC TEST #2 PROPOSED DESIGN: TRENCH BED_ SEW^R LINE___ ATGRADE MOUND OUTHOUSE.OTHER HOLDING TANK GRAVITY DIST. PRESSURE DIST. . SPECIFY:itii I. i-l ■ j — SYSTEM DESIGN ON BACK — -OaJ_ioJS j DfaSi-tly November 2, 2006 Page # 3 October 5*^, 2006 Meeting - The audience was polled with Dale Larson speaking for the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and carried with Leona Zimmerman voting no, to table, with the verbal agreement of the applicants, this variance application until the November 2, 2006 meeting for additional information regarding impervious surface coverage. The Board requested that the appiicant caiculate impervious surface coverage with and without the boathouse. November 2, 2006 Meeting - After discussion and consideration, Randall Mann made a motion, second by Steve Schierer and carried with Cecil Femling and Michael Harris voting no, to approve the variance as described in the variance application with the foliowing conditions: 1.) the boathouse must be removed and 2.) this variance as approved will sunset/terminate in 4.Swears. lifford Brooks - Denied. (7:30 p.m.) Clifford Brooks, Lot 2, First Addition to Sanda Beach, East Battle Lake in Girard Township, requested the following: Garage built under variance October 11, 2001. Use garage as both residence and garage. Also, add onto garage with 25' by 40’ residence. Existing dwelling to be removed and garage/dweliing to become only dwelling. October 5, 2006 Meeting - The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to table, with the verbal agreement of the applicant, this variance application until the November 2, 2006 meeting for additional information regarding the outcome of the potential sale of this property by the appiicant. November 2, 2006 Meeting - The applicant did not attend the November 2, 2006 meeting. After discussion and consideration, motion was made by Steve Schierer second by Les Estes and unanimousiy carried, to deny the variance as requested unless the applicant submits, on or before November 16, 2006 a letter granting the Board authority to table the applicant’s request for consideration until the December 2006 meeting of the Board of Adjustment David Nyhus - Denied. (7:32 p.m.) David Nyhus, Lots 13 and 14 Linden Park, East Battle Lake in Girard Township, requested the following: 1 propose to construct (1) 22’ by 34’ addition with a 10’ by 8’ entry, (2) 24’ by 40’ second story addition to existing dwelling and (3) 24’ by 40’ second story addition to existing garage (to become one structure). The ciosest addition will be 24’ form the ordinary high water level. Requesting a variance of 76’ from the required ordinary high water level setback of 100’ for the development as proposed above. Project timeline is over the course of approximately three years. September 14, 2006 Meeting - The audience was polied with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to tabie, per the request of the appiicant, this variance hearing until the October 5, 2006 Board of Adjustment meeting. The applicant requested this action prior to the September 14, 2006 meeting and indicated that he would submit a written request for the file. October 5, 2006 Meeting - Prior to the meeting Thomas A. Gedde, Attorney for David Nyhus, submitted a letter requesting that the hearing be tabled until the November 2, 2006 meeting. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, per the request of the applicant’s attorney, this variance application hearing until the November 2, 2006 meeting of the Board of Adjustment. November 2, 2006 Meeting - The applicant did not attend the November 2, 2006 meeting. After discussion and consideration, motion was made by Steve Schierer second by Michael Harris and unanimously carried, to deny the variance as requested unless the applicant submits, on or before November 16, 2006, a letter granting the Board authority to table the applicant’s request for consideration until the December 2006 meeting of the Board of Adjustment. Secretary’s Note - On Friday, November 3, 2006 the applicant submitted an emaii authorizing the Board to table his request until the December meeting of the Board of Adjustment. General Discussion - Ray DeBoever submitted a letter to Randall Mann questioning the Board of Adjustment's May 2, 2006 variance approval. The May 2, 2006 file was reviewed and discussed. It was the general agreement of the Board that the Secretary should write a ietter to Mr. DeBoever explaining the manner in which the variance was approved. "1 Octobei' 7, 2006 Page # 3 Marcellyn Erlandson - Approved the variance as requested. (7:45 p.m.) Marcellyn Erlandson, Lot 7 Inlet Beach First Addition, Lake Lida in Lida Township, requested a variance to place part of the proposed new drain field in the township road right-of-way. The applicant’s husband (Harry) and her son (Mike) appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Randall Mann made a motion, second by Cecil Femling and unanimously carried, to approve the variance as requested and as depicted on the drawing submitted with the variance application. The Board noted the letter from Lida Township in support of the variance application and also noted that the granting of the variance as requested is consistent with prior Board of Adjustment decisions. It was also noted that the proposed location is perhaps the only available location. Hardship is a substandard lot of record. Brooks - Tabled (7:55 p.m.) Clifford Brooks, Lot 2, First Addition to Sanda Beach, East Battle Lake in Girard Township, requested the following: Garage built under variance October 11,2001. Use garage as both residence and garage. Also, add onto garage with 25’ by 40’ residence. Existing dwelling to be removed and garage/dwelling to become only dwelling. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to table, with the verbal agreement of the applicant, this variance application until the November 2, 2006 meeting for additional information regarding the outcome of the potential sale of this property by the applicant. Troy C. and Leah M. Schaff - Approved the variance as requested with a condition. (8:02 p.m.) Troy C and Leah M Schaff, Lot 12 Belka Beach, Little Pine Lake in Gorman Township, requested the following: Proposed second floor addition to existing structure does not meet setback requirements. Proposed addition will not extend any further toward lake, only vertically. Existing dwelling is approximately 55’ from the ordinary high water level at closest point. The required ordinary high water level setback is 75’. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Cecil Femling and carried, with Michael Harris voting no, to approve a variance of 20’ from the required ordinary high water level setback of 75’ for a second floor addition to an existing structure being approximately 55’ from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. The Board noted that the proposed development will be no closer to the ordinary high water level than the existing structure and there approval is consistent with past Board decisions. It was also noted that the variance as approved does not directly or indirectly grant any other variances. Hardship is a substandard lot of record. Ivan Grotenhuis - Denied. (8:11 p.m.) Ivan Grotenhuis, Lot 4 Linda Beach, Clitherall Lake in Clitherall Township, requested a variance of 76’ from the required ordinary high water level setback of 100’ for the placement of a 12’ by 16’ deck 24’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Cecil Femling made a motion, second by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and the applicant does have a reasonable use of his property without the granting of the variance as requested. The Board noted that if the variance was granted it would place the proposed development within the shore impact zone. Mark and Diane McMorrow - Approved a modification to the variance as requested with conditions. (8:15 p.m.) Mark and Diane McMorrow, part of Government Lot 2, Section 1 of Sverdrup Township by East Lost Lake, requested a variance of 3’ from the required side lot line setback of 10’ and a variance of 65’ from the required ordinary high water level setback of 100’ for the placement of a new dwelling, attached garage and boat storage area 35’ from the ordinary high water level at the closest point and 7’ from the side lot line. The audience was polled with no one speaking for or against the variance as requested. Emails from David and Arlene Berg, Janet Beddow and Paul Holzemer in opposition to the variance as requested were read for the record. After discussion and consideration, Randall Mann made a motion, second by Steve Schierer and carried, with Cecil Femling and Michael Harris voting no, to approve development no closer to the ordinary high water level than what would be allowed by the existing building line with the following conditions 1.) that the proposed development must be at least 10’ from the side lot line and 2.) the structure currently being used as a dwelling cannot continue to be used as dwelling after the new dwelling is completed. Those voting against the variance approval noted that there is no hardship, the applicants can meet all setback requirements and can obtain a reasonable use without the granting of a variance. Hardship is terrain features of the applicants’ property. OTTER TAIL COUNTY www.co.otter-taiLnULUs OFFICE OF THE COUNTY AUDITOR 510 FIR AVE W. E-Mail wstein@co.ottertail.mn.us GOVERNMENT SERVICES CENTER FERGUS FALLS, MN 56537 (218) 998-8041 October 13, 2006 Clifford Brooks 565 Martha Ln Woodbury, MN 55125 Dear Mr. Brooks, Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for Thursday, November 2, 2006, in the Otter Tail County Commissioners’ Room of the Otter Tail County Government Services Center located at 500-600 Fir Ave. W., Fergus Falls, MN. Your variance request, \A/hich was tabled at the October 5, 2006 Board of Adjustment meeting, has been rescheduled for consideration at the November 2, 2006 meeting. I have enclosed a copy of the November 2, 2006, agenda for your reference. If the date and time of this meeting is not convenient for you, please notify the County Auditor’s office in writing prior to the November 2, 2006, meeting and I will have your request rescheduled for the next available meeting of the Board of Adjustment. Should you have any questions or require any additional information please feel free to contact me. Sincerely, Wayne Stein County Auditor W w»■ Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduied hearing. To Whom It May Concern: Clifford Brooks 565 Martha Lane Woodbury, MN 55125 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, 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, October 5, 2006 at 7:30 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 Lot 2 First Addition to Sanda Beach, Property Address -45352 Liberty Lane Section 24, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - the following: Garage built under variance October 11, 2001. Use garage as both residence and garage. Also, add onto garage with 25’ by 40’ residence. Existing dwelling to be removed and garage/dwelling to become only dwelling. Date: September 15, 2006 'Wayne Stein Board of Adjustment Secretary 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 18th, day of September, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Clifford Brooks, 565 Martha Lane, Woodbury, MN 55125 Clifford J & Susan M. Brooks, 45352 Liberty LN, Henning, MN 56551-9464 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 East Battle Lake Assoc., % Allen Leo Koep, 24426 Liberty Dr, Henning, MN 56551 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®‘Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Leona Zimmerman, 418 E 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: September 18, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud V wl lia .. .