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HomeMy WebLinkAbout29000990769000_Variances_07-05-2012Variances 2 Barcode 128 1111778 DOC# 1111778 recorderOTTER TAIL COUNTY. MINNESOTA Certified, Filed, and/or Recorded: July 09, 2012 1.00 PM Wendy L. Metcalf, Recorder Returned To: land & RESOURCE Fee: $46.00 Well Certificate [ ] Rec'd 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 it. COMPLETE THIS APPLICATION IN BLACK INK UoS£ Application Fee ^ ________ Receipt Number Accepted By / Date u) DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS _ /toriTn fhoatCA /»a/ LAKE NUMBER H.n-\yh _LAKE NAME. ____LAKE CLASS. _SJ1 SECTION TOWNSHIP RANGE TOWNSHIP NAME ________ NUMBER ^ ADDRESS .^^33^ LEGAL DESCRIPTION sT^ /hpacr:i^hj TYPE OF VARIANCE REQUESTED (Please Check) 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. f>U^f>e^€.^ Cf-' a> 0£ciA«i that Lot fs m mm 0^ /ep ^ducrur^H- serrsm. (S> use. STi^T>^e mernap Tt Deredma^ Afr^oxxMrtcY 9<?' r« i^CPLfici £y.xsT(Uu0 6?kS‘ fasH Sfii\CK. c^^XThf !3lxJ6 u^rH j A Lot .<?rr/?ir)c UmrMri. i7S‘tn .OA'-hSidJ 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! RESOURCE MANAGEMENT REGARDING THIS MATTER. -1 ^ “ 1*^ SCAfWBD OWNER / AGENT FOR OWNER y DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Victor Lundeen Co , Printers • Fergus Falls, Minnesota Daniel J. Voss - Approved/Modified/Denied. (7:30 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to declare Lot 9 Sunnyside Addition as a buildable lot for residential purposes, to allow placement of the proposed dwelling no closer to the ordinary high water level than what would be permitted when applying the string line between the outside posts as set by the Land and Resource Department, which are located 100’ from the ordinary high water level and to deny the replacement of the existing 6’ by 8’ fish shack. Hardship/practical difficulty is the terrain/topography of the applicant’s property. The variance as granted does allow the applicant to maintain the existing 6’ by 8’ fish shack and will place a portion (center) of the proposed dwelling ahead of the 100’ setback because of how the shoreline runs. 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 L R Dfficial/Date July 5, 2012 Page # 3 Daniel J. Voss - Approved/Modified/Denied. (7:30 p.m.) Daniel J. Voss, Lot 9 Sunnyside 5"’ Addition, East Battle Lake in Girard Township, requested the following; 1. Declare that lot is buildable for residential purposes. Lot is 100’ wide and required lot width on “RD” lake is 150’. 2. Use “String Method” to determine structural setback. Required 100’ setback from ordinary high water level. String method would be approximately 90’ for proposed dwelling with deck at 15’ closer to ordinary high water level than proposed dwelling. 3. To replace existing 6’ by 8’ fish shack with a 12’ by 16’ shed with a lot setback variance from 65’ to 20’ to side lot line. A letter from Elaine Hanson expressing concerns with the variances as requested was read for the record. 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 Paul Larson and unanimously carried, to declare Lot 9 Sunnyside 5*^ Addition as a buildable lot for residential purposes, to allow placement of the proposed dwelling no closer to the ordinary high water level than what would be permitted when applying the string line between the outside posts as set by the Land and Resource Department, which are located 100’ from the ordinary high water level and to deny the replacement of the existing 6’ by 8’ fish shack. Hardship/practical difficulty is the terrain/topography of the applicant’s property. The variance as granted does allow the applicant to maintain the existing 6’ by 8’ fish shack and will place a portion (center) of the proposed dwelling ahead of the 100’ setback because of how the shoreline runs. Paul and Sharon Guck - Approved the variance application as requested. (7:45 p.m.) Paul and Sharon Guck, Lot 3 and part of Lot 4 Ryan’s Beach, Little McDonald Lake in Edna Township, requested the following: proposing to extend the existing deck towards the east of the property The applicants will not be extending the deck any closer to the lake than the existing deck and are proposing to be 3’ from the east property line requesting a 7’ variance to the lot line. Required setback is 10’ from the lot line. The audience was not polled as there was no one other than the applicants in attendance at the time of this public hearing. A letter from William Card in support of the variance as requested was noted for the record. After consideration and discussion, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve the variance as requested in the application dated June 11,2012 and as depicted on the drawing submitted with the application. The Board noted that the variance as approved will provide the applicants with an additional ingress/egress to their dwelling, which will address a safety Issue. With no further business, Randall Mann, Chairman declared the meeting adjourned at 7:50 p.m. Prepared by: The minute^ere mailed on Friday, July 6, 2012 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. SCANNED Baet Recreational Development 0HW;i333.8 MSL 1912 Top Water; 1333.3 11.23.11 NAVD 88 3a ttle lake LS 45849 (___) DENOTES RECORD DIMENSIONS 'Q DENOTES POWER POLE (D DENOTES EXISTING SEPTIC © DENOTES SEPTIC PUMP '© DENOTES ELECTRICAL/POWER DENOTES LATHE SET BY OTC MARKED 100 SETBACK 9-19-11 O DENOTES 3/6" REBAR SET THIS SURVEY CAPPED LS 44605 • DENOTES IRON MONUMENT FOUND THIS SURVEY DENOTES BROKEN SCALE Lot Area........41,743 FT‘± Less Structure Setbacks Less Drainfield Easemant Builbable Area....lB,981FT‘ Lot 9, Block One, of SUNNYSIDE FIFTH AIXIITION, according to the recorded plat on file in the County Recorders Office, Otter Tail County, Minnesota. GRAPHIC SCALE 1"=50' 50 IFt Contours NAVD 88 100 I hereby certify that this survey .was prepared by me or under my direct supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota ______Date ^Joe L. Bushman, lEand burvei^r ' Minnesota License No. 44&05 BUSHMAN SmIVEYMG PREPARED FOR: DaMelEHzabcA VOSS Certificate of Survey FILE: VOSS-DSE.pro Job No: 13-11 JLB Date: 2/22/2012 FB: GPS 1200/TC 600 JOE L. BUSHMAN - Licensed Land SurveyorPhone: 320. 766. 5289 Emai 1: surveyor joe^hotmai 1. com /(\r\ .if, IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Hous^^^§ltuettrre(s):/^P Sd Ft2 Deck(s):PVO Ft2 Driveway(s):3.^96 Ft2 Si^tOS Ft2 Sidewalk(s):Ft2 Stairway(s):Ft2 Retaining Wall(s);Ft2 Landscaping:Ft2 (Plastic Barrier) __/oPbOther:Ft2 TOTAL IMPERVIOUS SURFACE: LOT AREA: Ft2 received JUN 15 m resource TOTAL IMPERVIOUS SURFACE 4^-7^-? = X100 LOT AREA IMPERVIOUS SURFACE RATIO % ^ SCANNED June 23, 2012 Otter Tail County Commissioners 515 Fir Ave Fergus Falls, MN 56537 Honorable: Roger Froemming John Lindquist Lee Rogness Wayne D Johnson Doug Huebsch Dear Honorable Sirs, I am writing to voice my opposition to the requested variance of Dan Voss for Lot 9 Sunnyside 5‘*' Addition. I am a neighbor to Mr. Voss and might add that we have had a good neighborly relationship with him thus far. But as City Clerk of the City of Ottertail, I have had to deal with variances and feel that something should be said regarding his request. I don't disagree that his lot should be declared buildable. This is a reasonable request as although the lot may not have the required amount of lakefront footage stated in the Shoreland Odinance for RD classification, the total square footage is over 40,000 and this development of Sunnyside was platted I'm sure before the 1971 adoption of the Shoreland Ordinance. What I do have issue with is the 90' setback using the string-line method. Given that the lot is deep enough there can be no hardship or practical difficulty demonstrated by complying with the ordinance. Applying the 100' setback causes no impact to the field of vision to the property owner. At most a set Back of 90' could be approved but for the deck, not the proposed dwelling structure. Mr Voss also request replacing the 6 x 8 fishing shack with a 12 x 16 shed reducing the setback from 65' to 20'. Again there is no difficulty demonstrated. Why would the owner request a set-back variance to get closer to the lake and then put a building that size into the field of vision of the lake? As the fish shack is an existing structure or WOAS it should at least be maintained or removed and nothing new or larger be allowed in the SIZ. This lake has seen a lot of damage to the shoreline area and a plan to restore it should be encouraged by no new structures in the SIZ. And to close I would like to say that my husband and I have lived in Sunnyside 5“’ Addition for 10 years. When we built our home, we used the Shoreland Ordinance as our guide, but of recent have seen certain changes which do not seem necessary or good for East Battle Lake on Sunnyside, for example WOAS or small cabins ("gazebos" with) living quarters, numerous small buildings on "unbuildable lots" some with concrete foundations all within the SIZ. And also a foundation for a future dwelling located within the 100' set-back located near the wetland which was deemed part of the lake in a request for wetland banking and was rightfully denied by the Commissioners. I'm not sure how this was all approved as we were not notified of any variance hearings for those structures or setbacks. As far as this request goes, I would ask the Commissioners to follow the Shoreland Ordinance as strictly as possible. Thank you. Sincerely, Elaine Hanson Vining, MN if iQHsffkS Elaine Hanson MCMC Clerk-Treasurer 239 Hwy78N PO Box 245 Ottertail, MN 56571 Oh: 218-367-2250 FAX: 218-367-2251 otcityQarvig.n^t Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Daniel J. Voss 908 Adam Street Anoka, MN 55303 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, July 5, 2012 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 9 Sunnyside 5*^ Addition, Property Address - 22335 Chippewa Road Section 36, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - the following: 1. 2. 3. Declare that lot is buildable for residential purposes. Lot is 100’ wide and required lot width on “RD” lake is 150’. Use “String Method” to determine structural setback. Required 100’ setback from ordinary high water level. String method would be approximately 90’ for proposed dwelling with deck at 15’ closer to ordinary high water level than proposed dwelling. To replace existing 6’ by 8’ fish shack with a 12’ by 16’ shed with a lot setback variance from 65’ to 20’ to side lot line. Date: June 14, 2012 ’Wayne Stein Board of Adjustment Secretary SCANNED OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) County of Otter Tail) )SS I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 15th, day of June, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Daniel J voss, 908 Adams St, Anoka, MN 55303 2622 East Battle Lake Assoc., % Allen Koep, 40289 Otter Rd #6, Battle Lake, MN 56515 Carol Jacobson, Twp Clerk fo Girard, 24893 Palace Rd, 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Rod Boyer, 51127 E Wymer Lake 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: June 15th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: i- ^ 1/ ^ t c Vi Manderud SCANNED JAME^ L & LAURA M ALLEN 22305 CHIPPEWA RD VININGMN 56588 9552 EASEMENT ROAD PETER T & ELAINE M HANSON 22285 CHIPPEWA RD VININGMN 56588 9552 TOM R & STEPHANIE K LADWIG 46546 CREEKSIDE RD VININGMN 56588 9590 CRAIG A & SUSAN M LEBAKKEN 5524 CONCORD AVE EDINA MN 55424 1565 MERLYN D & KATHLEEN A LOKKEN 22403 CHIPPEWA RD VININGMN 56588 9552 ROLAND O & SANDRA PEDDYCOART 22281 CHIPPEWA RD VININGMN 56588 9552 JAMES M & LINDA N REDING 17176 66TH PL N OSSEOMN 55311 3911 WILLIAM M & CHARLES STEFFEN 13910 HILL RIDGE DR MINNETONKA MN 55305 1721 DAVE VANDERBERG ET AL 4168 US 75 AVE SIOUX CENTER lA 51250 7522 DOUGLAS J VANDERBERG 662 11TH STREET CIRSE SIOUX CENTER lA 51250 1251 JEFFREY & DOUGLAS VANDERBERG 4415 WATERS EDGE DR SIOUX CENTER lA 51250 7513 DANIEL J VOSS 908 ADAMS ST ANOKA MN 55303 2622 SCANNED