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HomeMy WebLinkAbout18000990319000_Variances_09-13-2018Variances 2 Barcode 128 Cyi\l5)2ol^ 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 -ANDSFteaOOffCE o CD sO fCn • •X 'CO L&R Initiai 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 / ^o7s CoBlc /A/ ^00/ / / — ya O ri cn //I I.M' I O^ITIdoqK 11^'^-70<^CjK (2 5V“'"V /4 ^rpUcTl^/ic\ ^ .0 Q nJ NjKKoonJ --------------- Signature WPropertyOwner ' st <^or /l-OT ^ * /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