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Home My WebLink About18000990433000_Variances_06-10-2004Variances Barcode 128 956254 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 956254 this instrument # was filed/recorded in this office ■ nbcord on the Un Hay nf -------^2004Wendy L. Metoi^u/Couritv Recorder __Deputy for miiQ^recording fee well certificate Lit THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER 00-10APPLICATION FOR VARIANCE■iAi. 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 MAY 1 3 2004 LAND & RloCuRCc :i>oApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date / Lm-SoJ {1,1^1 fjjj , SS3c3> DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS LAKE CLASSLAKE NAME SECTION I "2- TOWNSHIP / 3 / RANGE LAKE NUMBER TOWNSHIP NAME fiuM in^ fhJr TSf=bP- T mOiCIiS ic CAfeiJe. LAIt-€D goArO . hJnizTH i\A.n . ■Lpr 5. Ba!t*.4r^lKUfF 1‘^-^OCO - 9 9- oy T ^>- PARCEL NUMBER LEGAL DESCRIPTION Lor5. Bl^ I,;tr..... /Tf ^SEC:TjE f o TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Sewage SystemStructure Size Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 35 pr i'o -Ute t£>o' OHwL SCANNED I UNDERSTAND THAT I HAVE APPLIED PnR A VARIA.NCF FROM THF RFO'I'RFMFNTS OF THF SHORFl AND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. signatureofpropZrtyownerT i'ZhA'lc^ f DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ff Er^+ate^ X '5/ / H3j ^3363c- I v^'Ooa Z^-\o qqo4Date Of Hearing TimejJLecoi Motion Robert and Tammy Larsen - Denied. (9:02 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Cecil Femling 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, the lot was platted with a buildable site that does meet the required setback, the granting of the variance would establish precedence and a reasonable use of the property can be obtained without the granting of the variance as requested; Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Cr Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0204-001 317,340 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota June 10, 2004 Page # 5 Robert and Tammy Larsen - Denied. (9:02 p.m.) Robert and Tammy Larsen, Lot 5 Block 1 Ratliff Estates, Hancock Lake in Eagle Lake Township, requested a variance of 35' from the required ordinary high water level setback of 200’ for a proposed building site locate 165’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the variance as requested. An email from Wayne and Barbara Onken in opposition to the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, seconded by Cecil Femling 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, the lot was platted with a buildable site that does meet the required setback, the granting of the variance would establish precedence and a reasonable use of the property can be obtained without the granting of the variance as requested. Dell Arneson Inc. - Denied. (9:15 p.m.) Dell Arneson Inc., part of Government Lot 2 and part of the Northeast Quarter of the Northwest Quarter, Section 17 of Dunn Township by Pelican and Bass Lakes, requested a variance to subdivide, by metes and bounds description, a 3.5 acres parcel from an existing 77.74 acres tract. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Randall Mann and unanimously carried, to deny the variance as requested as no adequate hardship had been shown that would allow for the granting of the variance as requested and the applicant has adequate area to create a five-acre parcel. The Board noted that this denial is consistent with past actions of the Board. With no further business Randall Mann, Chairman, declared the meeting adjourned at 9:50 p.m. Wayne Stein, Secretary SCANNED Board of Adjustment Shoreland Management Office Ottertail County, Minnesota TO:MAY 1 3 2004 . - URCc I, Robert C. Larsen and Tamara Mingus-Larsen, property owners of Lot 5, Ratliff Estates request a 35 ft variance to the 200 foot setback from the Ordinary High Water Level (OHWL) of Hancock Lake in Eagle Lake Township. The following general considerations apply: 1. Description of the allowable building area on Lot 5, Ratliff Estates. Reference the highlighted area on the attached topographical survey. This is the area defined per the Shoreland Management Ordinance that is available for building on this lot. 2. Site Selection. The proposed building site was selected because it offers the only possible view (still very limited) of the lake with minimal tree removal, privacy from adjacent lots and level front yard (toward the lake). 3. Covenants. We are required to build a structure that has a minimum of 750 SF living space (foot print). 4. Proposed Structure. We are building a two story year round residential structure. Although we have not selected the final design yet, 1 am including an option that we are considering for planning purposes. The structure footprint as shown on the survey occupies the entire 32 ft of allowable building space. 5. Precedence. 1 strongly request that your consideration for this variance not to be a matter of establishing precedence for the surrounding lots within Ratliff Estates. Please refer to the Ratliff Estates plat. It is clear that every lot within this subdivision has substantially more allowable building area than Lot 5, affording these owners more feasible building options. I submit that the following hardships and issues exist if I build within the current requirements listed in the Ottertail County Shoreland Management Ordinance dated January 1, 2004. 1. High risk of erosion to mv foundation and slope adjacent to Golden Pond road. There is a 21’ vertical drop from the 200’ setback line to Golden Pond Road (28%). Within the allowable building space there is a 5’ vertical drop (16%). Excavation, construction activity and required tree removal within the construction impact zone (footprint plus 10 ft) may cause significant long term erosion onto Golden Pond Road and possibly into the pond itself. There is currently evidence of erosion on the existing bank and construction anywhere within the allowable building area will likely increase this problem. 2. Visual aesthetics from Golden Pond Road. Regardless where I build within the allowable area, the structure will dominate the view from Golden Pond Road. People traveling on this road will see the entire east face of the structure, with minimal vegetative screening, at a distance of only 40 feet from the road. This will definitely detract from the natural beauty and character of the adjacent area. Something which I, and I assume the adjacent landowners, do not want. 3. No access or casual use on east side of proposed structure. The structure will likely occupy the entire depth of the building area. This, in combination with the steep slope down to the road, will not allow us to access our home from the east side and will not allow any safe casual use (ie REC- - 1 8 2004 LA!~JDir:: ~ D walking, landscaping, children playing, or a place to sit and enjoy the beautiful view). Essentially, the east side of my home will not be accessible or useable. 4. Construction costs. Although this is not my primaiy- concern, my costs to mitigate these hardships will increase my construction costs and possibly delay the completion of my home. In summary, these are the reasons why I feel that this variance should be granted: Minimizes erosion and environmental impact. This variance would allow me to build on a much more level ground (only 6% slope compared to 16% slope). It would allow me to reduce the amount of on site grading and prevent the destruction of existing trees (4 oak trees greater than 10”) and other vegetation that is currently preventing erosion on the bank and providing a visual buffer. By allowing me to move the structure location 35 ft to the west, more of the drainage will remain within lot 5 and not affect the bank adjacent to golden Pond Road as much. 1. Provides sufficient area on east side of proposed structure to access the home and facilitate safe casual use. 2. Maintains the visual character of the Golden Pond Road by providing a buffer zone (using existing vegetation). The home will be +/- 75 feet from the road (compared to 40’) and be more obscured. 3. Does not affect the visual impact from Hancock Lake. The 30 ft bluff and vegetation between the lake and home will completely screen the structure from the lake. 4. No drainage will flow into Hancock Lake.5. Maximizes my family’s experience and satisfaction with our lake property. My family completely fell in love with the natural beauty, solitude, recreational opportunities and potential that this site and Ottertail County has to offer. My wife and 1 grew up in a rural area with similar recreational opportunities. It has always been our dream to own such property and provide our children with the same opportunities that we had growing up. It is important to us that we do not build the home of our dreams and negatively impact the surrounding area. 6. I respectfully request that you consider these factors in your decision. Sincerely, Robert and Tamara Larsen 13721 Dolomite St NW Ramsey, MN 55303 (H) 763-323-6562 (W) 763-315-1865 SCANNED • I{ I I -i i PART OF; SUB, LOTS ! 3,4 amo part of. W • ■mTI i if' i t f!:!:'I<i i :i •■ i lllii t" 105.86, . I I t i >■!■ :j -6-- t- lOl'OS'lO" ■ '« = 60,00 - /r-v >' r "" ^ '/J ' • ' J .s ’// '■ ;........... 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