HomeMy WebLinkAbout29000990633000_Variances_04-12-2018Variances
Barcode 128
r-H-IZ-2jD1’B
Date Stamp
1206278
RECBUED CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
recorded on
05/17/2018 01:09 PM
FEE: 46.00
pages 2
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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
00Application Fee
^lM67COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
S"iL)\ka rr VVfN\ 1 r
CpjDf^ MoNocsn^ NV,VJ
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
CoOLAKE NAME I, <1) o ^-r LAKE CLASS
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LAKE NUMBER
mv3i TOWNSHIP NAMERANGETOWNSHIPSECTION
<Priv-( CrtE-911
ADDRESS
PARCEL
NUMBER
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback3<^ Structure Size WECS Misc.ClusterSubdivisionSewage System
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
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)
' • ferguS Falls Minnesota
1
p'. >2 /^/Y^Date Of Hearing Time
s^/ii' / /
Motion
Janet Seim and Jaince Adair - Denied. (9:18 p.m.
April 12, 2018 meeting -The applicants were represented at the public by John Zentner. The audience was polled with no one
speaking lor or against the variance as requested. An email from Greg and Paula Boerboom in support of the variance as requested
wasunanimously carried with the verbal permission of the applicants' representative, to table this public hearing until the May 10, 2018
Hoard of Adjustment meeting for additional information regarding the location of the pipe between the septic tank and the drain field.
May 10, 2018 meeting - After discussion and o-msiucraiion, Darren Ncwville made a seconded by Thomas Tee and
unanimously carried, to deny the variance as requested as the applicant no longer require the requested variance.
read for the record. After discussion and consideration, Thomas Lee made a motion, second by Darren Newville and
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
^ No
usju 4Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
Official/Date
bk 072011-001
Page 123 May 10,2018
Janet Seim and Jaiiicc Adair - Denied. (9:18 p.ni.
Janet Seim and Janice Adair, Lot 3 South Point West Battle Lake First Addition, West Battle Lake in Girard Township requested
the following: Applicant’s existing garage is 5’ from neighboring lot line. Applicant request approval to construct new garage in
same location. Lot line setback is 10’. Applicant seeking 5’ setback variance for new garage construction. April 12, 2018
meeting -The applicants were represented at the public by John Zentner. The audience was polled with no one speaking for or
against the variance as requested. An email from Greg and Paula Boerboom in support of the variance as requested was read for
the record. After discussion and consideration, Thomas Lee made a motion, second by Danen Newville and unanimously carried
with the verbal permission of the applicants’ representative, to table this public hearing until the May 10, 2018 Board of
Adjustment meeting for additional information regarding the location of the pipe between the septic tank and the drain field. May
10, 2018 meeting - After discussion and consideration, Darren Newville made a motion, seconded by Thomas Lee and
unanimously canJed, to deny the variance as requested as the applicant no longer require the requested variance.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 9:20 p.m.
Prepared by:
tl)Wayne Steiy Secretaiy
The minutes were mailed on Monday, May 14, 2018 to the Otter Tail County Board of Adjustment. Official action regarding
these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
i
Page I 6 May 10, 2018
Notice of Hearing for Variance
otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER TRIlcooitr-oiasiieTa
Applicant and/or applicant’s representative must be present at the scheduled hearing.
■ To Whom It May Concern:
Janet Seim and Janice Adair
6108 Abbott Ave
Edina, MN 55410
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, April 12, 2018 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 piroperty concerned in the application is legally described as
Lot 3 of South Point West Battle Lake First Addition,
Property Address - 22535 Ferncliff Rd - 56524
Section 32, Township 133, Range 39 - Township Name - Girard
Lake No. 56-239, Lake Name - West Battle, Class - GD
The variance requested is the following:
. Applicant’s existing garage is 5’ from neighboring lot line. Applicant request approval to construct new garage in same
location. Lotjine setback is 10’. Applicant seeking 5’ setback variance for new garage construction.
Stein
Board of Adjustment Secretary
March 22, 2018
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Signature: ^ —Lot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing ProposedFt^fPFtFtpsvctiDwellingDeck(s)
Attached Garage Patio(s)
Detached Garage 35^Sidewalk(s)
Storage Shed Landing(s)
«e>Jor '
<^oSJiS -5ir^WOAS Driveway(s)\{2JO^*
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
0. feSStz-io?Z4 (,*40mo 100+/=i=X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^ Ft^Ft^Ft^
t). (5 100-r X
Impervious Surface Calculation Worksheet 03-25-2014
SCALE DRAWING 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 and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
Scale
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Signature of Property Owner Date
BK —032014 354.120 • ViT.tOf Liindeen Co Printers • Ferqus Palls. MN • 1-800-346-4870
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LOT MARKER
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SCALE 1"= 25'
Greg and Paula Boerboom
3152 300*'' Street
Marshall, MN 56258
Gree(5)boerboomae.com
507-530-3468
March 28, 2018
Otter Tail County
Government Service Center
510 FirAve W
Fergus Falls MN 56537
wstein(S)co.ottertail.mn.us
Dear Board of Adjustment
We are the property owners adjacent to the lot in which Janet Seim and Janice Adair wish to build a
garage 5' from the property line. We wish to let the board know we fully support their project and have
no problem with the 5' distance from the property line or location of the new garage.
Thank you
Greg Boerboom and Paula Boerboom
' *
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 March, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Janet Seim and Janice Adair, 6108 Abbott Ave, Edina, MN 55410
Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake.MN 56515
West Battle Lake Assoc., Blaine Larson, 38323 Front St, Battle Lake, MN 56515
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
Darren M Newville, 614 6‘^ St NE, Perham, MN 56573
Rod Boyer, 51127 E Wymer LK Rd, Frazee, MN 56544
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: March 26th, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
JANICE K ADAIR LIV TST ET AL
10942 QUEBEC AVE S
BLOOMINGTON, MN 55438-2398
GREG & PAULA BOERBOOM TSTS
3152 300TH ST
MARSHALL, MN 56258-5267
KATHLEEN A AASAND
■6178 OLD RANCH RD
POCATELLO, ID 83204-3834
RANDAL & PEGGY BOETTNER
204 27TH AVE S
GRAND FORKS, ND 58201-7536
SCOTT BOETTNER TSTEE
818SHADYRIDGECT
GRAND FORKS, ND 58201-8334
BETTE A BOSSART
5838 14TH STS
FARGO, ND 58104-7611
ALAN C & KAY E JACKSON
7540 ORINOCO CIR N
STACY, MN 55079-9726
MICHAEL J & NICO L DOOM
2838 LINDEN AVE
SLAYTON, MN 56172-1410
DOUGLAS W & KAREN BREWERS
POBOX 130
CLITHERALL,'MN 56524-130
JAMES E & LORI R NELSON
66087 375TH ST
WATKINS, MN 55389-5935
JOHN H LUTGEN ET AL
3130,CbUNTY ROAD 137
WAITE PARK, MN 56387-2062
DARCY KLEVEN
350 SCHLIEMAN AVE
APPLETON, MN 56208-1230
. MURIEL A NELSON
' JOO BARDUSONSTS APT 201
APPLETON, MN 56208-1607
RD OFFUTT CO
POBOX 7160
FARGO, ND 58106-7160
ROGER E & DEBORAH NELSON
1413 FAIRVIEW LN
LITTLE FALLS, MN 56345-4573
WADE R SCHMIDT ET AL
424 HAVEN ST S
APPLETON, MN 56208-1548
DEBORAH SANDBERG
476 ARDEN CIR
SHOREVIEW, MN 55126-3901
KARIN ROREM ET AL
42522 220TH ST
MORRIS, MN 56267-4679
NATHAN D & SUSAN VANDERVELDE
112 COUNTRY LIVING EST
APPLETON, MN 56208-1893
STACY JO & B ANDERSON SWANSON
5806 26TH ST S
FARGO, ND 58104-7142
WADE R SCHMIDT TST ET AL
424 HAVEN ST S
APPLETON, MN 56208-1548
Janet Seim and Janice Adair
6108 Abbott Ave
Edina, MN 55410
P. 02
11:56 No.003 P.02
FAX, NO.APR-21-2004 TUE '07! IT AM
LRhl OFFICE■APR 23‘0410:218-736-5466 i
95^1844 OFFICE OF COUffTYlRBCORDER ^
OrreRTAIt MINNESOTA
lhte*lS!^S2^51844Hire instniinefnniret nrert/ncordMi in thi« effiee for record on tlio Ji^_day of
No'ilclinciuvnt taxe* and inuisfcr
enierad; <'«riincatc of lical
EiiUic Value ( ) nie«t^.iwi
Asquiiwl CenjlWatc ortol lUuue
ValtinNu.
/fp>^/ / ^ . 2004 im
&
^ Countx AudiuH*ji JLnceMn^wr _wbII ooruHeato
’ nv:y\jj^eldcr\A^Ocpiny
TR11STEE*SDEED
individual to individual
COUNTY or CnTRRTWL
STATI- OF Mil
or.ru tAX 9.
DA15 .
STATE DEED TAX DUE HERF.ON: $1.65
Date: ^
FOR valuable CONSIDERATION, WELLS FARGO BANK, N.A., K/K/A WELI-S
I'ARGO BANK NORTH DAKOTA, N.A., F/K/A NORWEST BANK NORTH DAKOTA
■NJi., AS SUCCESSOR TRUSTEE OF THE SADIE E. LYNGAAS REVOCABLE TRUST
U/A DATED SEPTEMBER 1,1994, Grantor, hereby grants & conveys to JANICE K. ADAIR
and JANET S. SEIM^ Grantees, as Tenants in Common, veal property in Oiler Tail County,
Minnesota, described as follows:
_.2004
Lot Three (3), First Addition to South Point, West Battle Lake,
Otter 1'ail County, Mlnnesotu.
together with all hereditaments and appurtcnaricu.s belonging tbeteto.
WELL.^! FAHQG BANK, N.A. F/K/A,WELLS
FARGO HANK NORTH DAKOTA, N.A. F/K/A
NORWEST BANK NOR'l li DAKOTA N.A. AS
SUCCESSOR TRUSI'El: OF THE SADIH M.
LYNGAAS REVOCABLE TRUST
Davi3 R. CamruH, Vice-President
BY
P. 03FAX^NO.. APR-2-7-2004 TUE.OTMS AH '.rtTi--iyupriut. LHU UhhlCE APR: 23’04 .11:56 No.003 P.0310:218-736-5466
'!*'
STATE OF MTNNKSOTA )
CX3UNTYOFCLAY
Tlw foregoing insirument was acknowledged before me this day of
by David R. Cammd, Viec-President on behalf of Wells Fiirgo Bank, N.A., DTc/a Wells Fargo Bank
No^ Dakota, NTv., f/k/a Nonvest Bank North Dakota N. A.; successor trustee of the Sadie E,
Lyngaas Revocable 'I nust U/A dated September 1,1994.
) SS:
)
.,2004,
n.
;SONJA.J.TEIQ6N
notary fUMJC-MINNESOTA
tty CommlMlDiiCipint Jn, }i,200i
M'
THIS INSTRUMENT WAS DRAITUD BY:
NYCKI.HMOBLAW Ol'KlCli,
106 EAST WA^INOTON AVliNUli,
FEROUSFAU.S, MINNESOTA 56537. .•(-5
l AX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT
SHOULD BE SENT TO JANICE K. ADAIR AND JANET S: SEIM. 722 REN55VOLD
BOULEVARD, MOORI^AD, MN 56560.
THE TOTAL CONSIDERATION FOR THIS 1 JUNSI'ER OF PROPER! Y IS $500.00 GR LESS.
bai-b/clients/lyngaas/sadie/irusi
2
Vincent and Traci Esades - Denied. (8:08 p.ni.) - Continued
After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and unanimously canied, to deny the
variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the
granting of the variance as requested noting that the applicants have the ability to meet the required 10’ setback fi om the required
side lot line setback of 10’ and still obtain a reasonable use of their propeity.
Janet Seim and Jaincc Adair - Tabled. (8:13 p.ni.)
Janet Seim and Janice Adair, Lot 3 South Point West Battle Lake First Addition, West Battle Lake in Girard Township requested
the following: Applicant’s existing garage is 5’ from neighboring lot line. Applicant request approval to construct new garage in
same location. Lot line setback is 10’. Applicant seeking 5’ setback variance for new garage construction. The applicants were
represented at the public by John Zentner. The audience was polled with no one speaking for or against the variance as requested:
An email from Greg and Paula Boerboom in support of the variance as requested was read for the record. After discussion and
consideration, Thomas Lee made a motion, second by Darren Newville and unanimously caiTied with the verbal permission of the
applicants’ representative, to table this public hearing until the May 10, 2018 Board of Adjustment meeting for additional
information regarding the location of the pipe between the septic tank and the drain field.
Terry Greenwaldt - Variance application approved as requested with a condition. (8:31 p.m.)
Teiry Greenwaldt, part of the Southwest Quarter of the Northeast Quarter, part of Government Lot 3, part of Government Lot 4
and part of the Southeast Quarter, Section 20 of Leaf Lake Township by West Leaf Lake, requested the following: Proposing to
split 1.49-acre tract (lakeside) off a 169.65-acre tract. The 1.49-acre tract is separated by 308'*' street. The 1.49-acre tract will
have about 265’ of water frontage and 64,950 square feet of area. Also, proposing to have lot declared buildable for single family
residential use. The audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Thomas Lee made a motion, second by Steve Schierer and carried with Darren Newxdlle abstaining, to approve the
variance as requested in the variance application dated March 21,2018 and as depicted on the drawing submitted with the
variance application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. The
variance as approved does not directly or indirectly grant any other variances for proposed or future development.
Larry and Diana Ohnian - Variance application approved as modified with a condition.7;(8:37 p.m.)
Lan'y and Diana Ohman, part of Government Lot 4, Section 11 of Eagle Lake Township by.Ea'gle Lake, requested the following:
Home burnt down. 1 would like to rebuild. It is a nonconforming structure in a bluff We would like to increase size 24” on
North and South cantilever on floor trusses to 59’ by 30’ from old 59’ by 26’ using same basement walls and footings. Septic will
be upgraded. Entire structure in the bluff The audience was polled with no one speaking for or against the variance as requested.
After discussion and consideration, Steve Schierer made a motion, second by Rod Boyer and unanimously carried, to approve the
requested bluff impact zone variance for constructing a new dwelling in the exact footprint occupied by the previous dwelling
prior to the fire that destroy the previous home with the condition that no more than 25% of the total eligible lot area can be
covered with impervious surfaces. The variance as approved does not allow for any construction or excavation outside of the
original footprint. The variance as approved does not directly or indirectly grant any other variances for proposed or future
development.
Joan and John Mracck - Variance application approved as requested. (8:45 p.m.)
Joan and John Mracek, Lot 12 Sanda’s Beach First Addition, East Battle Lake in Girard Township, requested the following:
A) -Requesting a 3’ variance from the required 10’ lot line setback, a 47’ variance from the required 100’ ordinary high-water
level setback and a 4’ 7” variance from the cuirent string line to replace the existing roof on a bath/laundry room. The
current roof has a low pitch ('1:10) and has rotted due to lack of proper venting. We want to replace this low pitch roof
with a gabled roof to allow for better runoff and venting.
B) -Requesting a 3’-6” variance from the required 10’ lot line setback, a 45’ variance from the required 100’ ordinary high-
water level setback and a 2’-6” variance from the cuirent string line to remodel an existing bedroom. The existing room
has limited headroom due to roof design and has no footings. We are proposing a screen porch with a gabled roof
similar to the proposed batli/laundry roof in (A) above. The screen porch would create a more open feel to the space
between cabins and improve the overall aesthetic of the cabin when viewed from the lake.
Page I 3 04/12/2018