HomeMy WebLinkAbout18000990319000_Variances_09-13-2018Variances
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SCANED
Date Stamp
1212649
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
10/03/2018 01:59 PM
FEE; 46.00
PAGES 2
WELL CERTIFICATE RECD: N
received
AUG 0 9 2018
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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
5c5dO. ddApplication Fee
daytime phone P-/^- o
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
PROPERTY OWNER
MAILING ADDRESS //O • 7c>60^£T^ . /^^K<Sr6lS P^^CCS .
LAKE NUMBER LAKE NAME LAKE CLASS
0^013d.//SECTION TOWNSHIP RANGE TOWNSHIP NAME
E-911
ADDRESS
PARCEL
NUMBER /^7S7 SXSl^ (T Rt^rzce/■^000?9o:i./90on
LEGAL DESCRIPTIONT6or-/z\ c^eso/^
u>rs ^^3/9
ajc)t ro ne spuy_________
TYPE OF VARIANCE REQUESTED (Please Check)
t/c Subdivision WECSStructure Setback Structure Size Sewage System Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THI« wii I RF iisfD FOR PUBLIC NOTIFICATION.
Proposing to replace the existing 12'xl6' Storage Shed/Fence Area with a 12'xl6' Outdoor Kitchen.
The proposed Outdoor Kitchen will be 6' from the lotline at the closest point (east corner). Requesting a
4' Variance, Required setback is 10'.
The proposed Outdoor Kitchen will be approximately 50.5' from the OHWL. Required setback is 75'
Requesting a 24.5' Variance.
Currently, the existing Impervious Surface in the Shore Impact Zone (SIZ) is 416 Sq. ft. By rotating the
proposed Outdoor Kitchen will remove the existing structure from the SIZ and reduce the SIZ
by 24 Sq. ft. bringing down the coverage to 392 Sq. ft. Asking for a 132Sq. ft. Variance.
Impervious Surface coverage in the SIZ shall not exceed 260 Sq.Ft^Z^^
coverage
SMO the
^/9/k
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.
7 7 DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
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
^3 /<r V7 /?/y\Date Of Hearing Time
Motion
Marv Jane and Don Westra - Variance application approved as requested. (6:47 p.m.)
After consideration and discussion. Kenneth Vorderbruggen made a motion, seconded by Darren Newville and
carried with Thomas Lee and Steve Schierer voting no, to approve a variance of 4’ from the required side lot line
setback of 10’, a variance of 24.5’ from the required ordinary high-water level setback of 75’ and a variance of 132
square feet from maximum allowable impervious surface coverage in the shore impact zone of 260 square feet for
the placement of 12’ by 16‘ outdoor kitchen 6' from the lot line and 50.5" from the ordinary high-water level. The
proposed outdoor kitchen will replace an existing 12’ by 16’ storage shed, will be further back from the ordinary
high-water level than the existing storage shed and will result in less impervious surface coverage within the shore
impact zone. Those voting against the motion to approve noted that there is adequate room to meet the required
setbacks. The variances as approved do not directly or indirectly grant any other variances for the proposed
development or for any future development.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
fhTiil
Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, Septenibci' 13, 2018
The Otter Tail County Board of Adjustment met Thursday, September 13. 2018, with the following persons in attendance:
Doug Larson
Jack Rosenthal
Thomas Lee
Steve Schierer
Chris LeClair, Land and Resource Management - Director
Kyle Westergard, Land and Resource Management - Assistant Director
Michelle Eldien, County Attorney
Darren New\hlle
Kenneth Vorderbruggen
Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.ni.
Minutes Approved - The Board of Adjustment approved the minutes of the August 9, 2018 meeting as mailed.
The Board of Adjustment considered the following applications for variance;
Richard A. Phelps - Variance application approved with conditions. (6:32 p.m.)
Richard A. Phelps, part of Government Lot 6, Section 3 of Nidaros Township by Stuart Lake, requested the following:
Replacement of existing structure 20’ from ordinary high-water level with identical structure in same location as described in Site
and Lot Application. Remove 20.5" by 22’ existing structure with roof sloping toward lake. Replace structure with steeper
pitched roof for snow removal and change slope direction 90 degrees so as to slope away from lake. Current height of structure
and roof is 11’. Replace with roof and structure total height of 18.5’. Structure is located 80’ and 100’ from lot lines. The
audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas
Lee made a motion, seconded by Kenneth Vorderbruggen to approve the variance application as requested. The motion to
approve failed with Doug Larson. Darren Newville and Jack Rosenthal voting no. Those voting against the motion to approve
were concerned with establishing precedence. After additional consideration and discussion , Darren Newville made a motion,
seconded by Jack Rosenthal and unanimously carried, to approve the replacement of a 20.5’ by 22’ existing structure, which is
located 20’ from the ordinary high-water level with a new 20.5’ by 22’ structure in the same location with the condition that the
height of the sidewalls on the new structure cannot be any taller than the sidewalls on the existing structure and with the condition
that the roof must have a 4 - 12 pitch. The variance as approved will provide reasonable use. It was noted that the new structure
will direct runoff from the roof away from the lake. Hardship/practical difficulty is an older structure in need of maintenance.
The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future
development.
MaryJane and Don VVestra - Variance application approved as requested. (6:47 p.m.)
MaryJane and Don Westra, Lots 21 and 22 Okeson Beach, Eagle I.ake in Eagle Lake Township, requested a variance to replace
the existing 12’xl6’ storage shed/fence area with a 12’xI6‘ outdoor kitchen. The proposed outdoor kitchen will be 6’ from the lot
line at the closest point (east corner). Requesting a 4’ variance, required setback is 10’. The proposed outdoor kitchen will be
approximately 50.5’ from the ordinary high-water level. Required setback is 75’, requesting a 24.5’ variance. Currently, the
existing impervious surface in the shore impact zone (SIZ) is 416 square feet. By rotating the proposed outdoor kitchen will
remove the existing structure from the shore impact zone and reduce the shore impact zone coverage by 24 square feet bringing
down the coverage to 392 square feet. Asking for a 132 square foot variance. Per Shoreland Management Ordinance the
impervious surface coverage in the shore impact zone shall not exceed 260 square feet. The audience was polled with no one
speaking for or against the variance as requested. After consideration and discussion, Kenneth Vorderbruggen made a motion,
seconded by Darren Newville and carried with Thomas Lee and Steve Schierer voting no, to approve a variance of 4’ from the
required side lot line setback of 10’, a variance of 24.5’ from the required ordinary high-water level setback of 75’ and a variance
of 132 square feet from maximum allowable impervious surface coverage in the shore impact zone of 260 square feet for the
placement of 12’ by 16’ outdoor kitchen 6’ from the lot line and 50.5’ from the ordinary high-water level. The proposed outdoor
kitchen will replace an existing 12’ by 16’ storage shed, will be further back from the ordinary high-water level than the existing
storage shed and will result in less impervious surface coverage within the shore impact zone. Those voting against the motion to
approve noted that there is adequate room to meet the required setbacks. The variances as approved do not directly or indirectly
grant any other variances for the proposed development or for any future development.
Page I 1 September 13, 2018
SCALE DRAWING FORM
/^Ooo?PO^/9no£>
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. biutfs). Must also complete the
Impervious Surface Calculation (see back).
////
Scale
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---------------
Signature WPropertyOwner '
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* /Date
360.800 • Victcr Lundeen Co, Printers • Fergus Palls. MN • 1-800-346-4870BK —042016
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
OtherJmpervious SurfaceBuildings
ProposedExistingProposedExisting
Ft^Ft^Ft^Ft^
Deck(s)Dwelling
Patio(s)Attached Garage
Detached Garage Sidewalk(s)
Landing(s)Storage Shed
Driveway(s)WOAS
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Lot Area Impervious
Surface
Ratio
Existing Proposed Total
Ft^Ft^ Ft^Ft^Total Buildings
100+-r X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total Lot Area Impervious
Surface
Ratio
Total
Buildings + Other
Impervious Surface
Existing Proposed
Ft^Ft^Ft^ Ft^
100+-i-X
Impervious Surface Calculation Worksheet 04-11-2016
DateSignature:
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore impact Zone fSiZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
m Existing Ft^Proposed Ft^
//ABuilding(s)
X VDeck(s)
Patio(s)mM
m
Sidewalk(s)
Landing(s)
Priveway(s)
\M
mlife
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)\
mmMiscellaneous
iHTOTAL
IMS
mTotal
Shore Impact Zone
impervious Surface
Existing Proposed Total
*
Ft^Ft^Ft^
Maximum Allowable 260 Ft‘
11325m
Impervious Surface Calculat'on SIZ 04-11-2016
Signatured Date:
7^
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsit§,impervious surfaces on scale drawing.
Lot Area (ft^):Signature:Date;7
Buildings Other impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^Ft^Ft^
777SDwelling Deck(s)
Attached Garage Patio(s)
Detached Garage 3^7Sidewalk(s)
Storage Shed(^J}.^Landing(s)
9o?\
/OlX
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
-/yy/S7XTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Total Buildings Ft
/53.a./-532-o 100+=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^
-/y/.c>y 100+-j-=X =
Impervious Surface Calculation Worksheet 03-25-2014
Notice of Hearing for Variance
m
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.usorrcRTflji
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
MaryJane and Don Westra
1220 N Tower Road
Fergus Falls, MN 56537
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, September 13, 2018 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
Lots 21 and 22 Okeson Beach,
Property Address - 14757 Eagle Lake Road East - 56515
Section 11, Township 131, Range 40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is the following:
Proposing to replace the existing 12'xl6' Storage Shed/Fence Area with a 12'xl6' Outdoor Kitchen. The proposed Outdoor
Kitchen will be 6' from the lot line at the closest point (east corner). Requesting a 4' Variance, Required setback is 10'. The
proposed Outdoor Kitchen will be approximately 50.5' from the ordinary high-water level. Required setback is 75', Requesting a
24.5' Variance. Currently, the existing Impervious Surface in the Shore Impact Zone (SIZ) is 416 square feet. By rotating the
proposed Outdoor Kitchen will remove the existing structure from the shore impact zone and reduce the shore impact zone
coverage by 24 square feet bringing down the coverage to 392 square feet. Asking for a 132 square foot variance. Per Shoreland
Management Ordinance the Impervious Surface coverage in the shore impact zone shall not exceed 260 square feet.
'Wayne Stein
Board of Adjustment Secretary
August 23, 2018
•
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 27th, day of August, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
MaryJane and Donald Westra, 1220 Tower RD N, Fergus Falls, MN 56537-4813
Darlane Miller, Twp Clerk of Eagle Lake, 12294 State Hwy 78, Battle Lake.MN 56515
Eagle Lake Assoc., Kelly Hepper, 38079 S Eagle Lake 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 1®* Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551
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
Doulgas Larson, 2118 Woodland LN, Fergus Falls,MN 56537
Jack Rosentahl, PO Box 266, 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: August 27, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
DWIGltT N & DONNA M BORDSON
56 GROVE ST
HUTCHINSON, MN 55350-1621
ROBERT F CRAWFORD
18 BISHOP DR E
TEMPE, AZ 85282-3515
KENNETH J & DIANE M BRUSTAD
14725 EAGLE LAKE RD E
BATTLE LAKE, MN 56515-9559
JASON F ET AL HOSKINS
28883 HAMILTON CT
RANDOLPH, MN 55065-7536
EDWARD J & DAWN E HEGLAND
3290 HIGHWAY 119
APPLETON, MN 56208-2421
THOMAS CHARLES GRAHAM
14809 EAGLE LAKE RD E
BATTLE LAKE, MN 56515-9559
CHRISTOPHER & TRISTA JACOBSON
535 MAIN ST
PO BOX 9
EVANSVILLE, MN 56326-9
EARLLET TST JOHNSON
14853 EAGLE LAKE RD E
BATTLE LAKE, MN 56515-9559
EARLLET JOHNSON
14853 EAGLE LAKE RD E
BATTLE LAKE, MN 56515-9559
RICHARD J & TOBI J SELAND
1207 MARTIN STS
FERGUS FALLS, MN 56537-3341
WARREN JR & KATHLEEN PRAMANN
14715 EAGLE LAKE RD E
BATTLE LAKE, MN 56515-9559
TERRENCE & SUSAN M NELSON
14640 EAGLE LAKE RD E
BATTLE LAKE, MN 56515-9559
JERRY & TAMARA L WESTMAN
6415 ISTAVES
RICHFIELD, MN 55423-1611
DONALD E WESTRA
1220 TOWER RD N
FERGUS FALLS, MN 56537-4813
MARK A & GERALDINE VAN SANTEN
14322 COUNTY HIGHWAY 81
BATTLE LAKE, MN 56515-9542
KIM E WILLIAMS
712 GARDEN ST N
NEWULM, MN 56073-1501
MARYJANE WESTRA
1220 TOWER RD N
FERGUS FALLS, MN 56537-4813
EVAN & TANYA WESTRA
20549 RED OAK DR
FERGUS FALLS, MN 56537-7415
DANIEL W & NORMA J WILSON
804 HARRIET DR
STILLWATER, MN 55082-6109