Loading...
HomeMy WebLinkAbout17000030058000_Variances_05-24-20181207682 carol SCHMALrr 06/19/2018 11:04 AM fee.- 46.00 pages 4‘VEIL CERTIFICATE Rec-o.-M Date Stamp£3 “Ireobved MAY 2 3 2018 ■•-A*€)S3ES01»Cf o X) ■ •XZ)»— 04L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56S37 218-998-8095 www.co.otter-tail.mn.usOTTERTOIl Application Fee ^OO « — Receipt Number Toifi- \17 ^'2M \ ip.Accepted by Date Property Owner David SholyName Address Post Office Box 1778 City Fargo State ND Zip 58107 Daytime Phone 701-866-9692 dsholy@sandslandscaping.comEmail Parcel Information 56-7S6 PelicanLake NameLake No Lake Class Parcel Number(s)R17000030058000 Parcel Number(s) Township Name Dunn Section 03 Legal Description W 100' OF E'LY 1146' OF LOT 6 25273 - Midland Beach RoadPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X structure Size Sewage System Subdivision Cluster MiscellaneousWECS 1 I' ■-1 ' SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. The layout o£ the lot (with diagonal shoreline, acx%ss road thru the lot, and back wet lands) seemingly prevents construction of a traditional lake cabin (with well and septic tank), result, the only option to actually utilize the recreational designation of the lot is a Hater Oriented Accessory Structure (proposed size - 13' x 20'). And, the only feasible location for it is on the west side of the lot. Thus, our plan calls for the H.O.A.S. to be approximately 24' from the west property line, rather than the usual 40' guideline. n 20-30' set back from the lake and a 20-22' set back frcxi the road. Finally, our proposed building plan with Ouren Construction consists of substantial extra funds Intended to produce a structure with an attractive "mini lake cabin" look, rather than a boring or unattractive "box type" storage/garage type building. As a This location will provide I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MAI^GEM^^^G/^I,NG|^»MSJMATTER. David Sholy)May 24, 2018J SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receiue Notification of the Date/Time of Hearing) TimeDate of Hearing /V Motion David Sholy - Application approved as requested. (8:30 p.m.) After discussion and consideration, Darren Newville made a motion, second by David Wass and unanimously carried, to approve the variances as requested in the application dated May 24, 2018 and as depicted on the drawing submitted with the variance application. It was noted that this is perhaps the best location for the proposed structure. Hardship/practical difficulty is a substandard lot of record and the access road cutting through the lot. The variances as approved do not directly or indirectly grant any other variance for proposed or future development. Ac Chairman/Otter Tail County Board of Adjustment B-Permit(s) required from Land & Resource Management No Note: If Yes, contact Land & Resource Management kfAA\ l/jlilig I L&R 0fflcial/D5te ' Copy of Application mailed to Applicant, County Assessor and MN DNR 2 1187641 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 03/02/2017 3:06 PM No delinquent taxes and transfer entered; Certificate of Real Estate Value 60l? CO07^0 “o FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N Cert, oLD o loo (Year) Wayne Stein, County Auditor/Treasurer >Deputyin&oo WARRANTY DEED InDEED TAX: $.DATE: E-CRV No.: FOR VALUABLE CONSIDERATION, Stephen Jarhes Johnson and Janine Diane Johnson, husband and wife. Grantors, hereby convey and warrant to David Sholy, Grantee, real property in the County of Otter Tail, Minnesota, legally described as follows: The West 100 feet of the Easterly 1,146 feet of Government Lot Six, in Section Three, Township One Hundred Thirty-seven North, Range Forty-two, West of the Fifth Principal Meridian, Otter Tail County, Minnesota. Check here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:COUNTY OF OrreRTML STATE OF MffINESOrA DEEDTAXSSSSujS MuiiiMep /A oATB n\.aA-_anjn Ui/tCheck applicable box: ^yThe Seller certifies that the Seller does not know of any wells on the described real ^ property. □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number:). □ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 220116Page 1 of 2 1..220116Pago 2 of 2 WITNESS, the hands of the Grantors. Stephen Jarj^ Janine Diane Johnson s JohnsQ hnlons STATE OF NORTH DAKOTA COUNTY OF CASS this 'U^ day of _______, 2017, before me personally appeared Stephen Jarries Jdhnsoh and Janine Diane Johnson, husband and wife, known to me to be the persons who are described in, and who executed the within and foregoing instruiinent and severally acknowledged that they executed the same. On Notary Public My Comrnission expires: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: David Sholy 5&464=efknAve,f^ g>0X nie> Fargo, ND 5&+03*(55in THIS INSTRUMENT WAS DRAFTED BY: Wheeler McCartney, P.C. 35 4th St N, Suite 102 Fargo, ND 58102 ■V Diana Snclgrove - Application approved as requested. (8:02 p.ni.) Continued. I'lie variance as approved will provide the applicant with a reasonable use of her property and the use is consistent with other properties in this immediate area. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Orland W. Olie - Application approved as requested. (8:10 p.m.) Orland W. Ohe, the Northwest Quarter of the Southeast Quarter, the Southwest Quarter of the Northeast Quarter, the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter, Section 13 of Trondhjem Township, requested a variance on County Wind Energy Conversion System Ordinance 600’ wetland setback. Due to siting and practical difficulties encountered we are asking for variance on setback distance relating to one wetland located within 600’. Without variance practical difficulties would render the project infeasible and prevent Lake Region Electric Cooperative from obtaining low cost renewable energy. Asking for variance to be within 275’ of nearest wetland. CUP application to follow. The application was represented by Orland Ohe and Aaron Thibert. 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 Darren Newville and unanimously carried, to approve a variance of 325’ from the required wetland setback of 600’ for the placement of a wind energy conversion system (turbine and solar panels) 275’ from the nearest wetland. I'he variance as approved does not directly or indirectly grant any other variances for proposed or future projects. Wade and Amy Sandy - Application approved as requested with condition. (8:17 p.m.) Wade and Amy Sandy, Lot 59 ofNedberg Nye Sui-vey Lots of Government Lots 1,2 and 3, Section 1 of Edna Township by Devils Lake, requested the following: The lot is a substandard lot and as such presents practical difficulty to construct within the setback ordinance requirement. We are requesting a variance of 31’ from the ordinary high-water level .setback (i.e. we would like to build 44 feet from the lake’s ordinary high-water line). The existing structure (approximately 600 square feet) is 27’ from the ordinary high-water setback. (The closest proposed structure point is 44’ from lake.) We are proposing to add an additional approximately 800 square feet on to the existing structure. The application was represented by Wade Sandy. The audience was polled with no one speaking for or against the variance as requested. An email from Karen Gibson in support of the variance as requested was read for the record. After discussion and consideration, Darren Newville made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 31 ’ from the required ordinary high-water level setback of 75 for the placement of the proposed addition 44’ from the ordinary high-water level as depicted on the drawing submitted with the variance application with the condition that the existing 8’ by 8’ shed must be either removed or placed in a location that complies with the setback requirements of the ordinance. Hardship/practical difficulty is a substandard lot of record and the depth of the lot. It was also noted that the variance being grant is consistent with past actions of the Board in this immediate area and that the variance will allow the applicants to enjoy the same rights and privileges as others in this neighborhood. I'he variance as approved does not directly or indirectly grant any other variances for proposed or future projects. Gordon Jensc'ii - Denied. (8:22 p.m.) Gordon Jensen, Tract N of Auditor’s Subdivision Number 102, Rush/Lizzie Lake in Lida Township, requested the following: I want to build a cabin on my lake Lot N of Auditor’s Subdivision NO. 102. 4’he slope of the land is such that if 1 were to build behind the 200’ setback line 1 would not be able to see the lake. 1 am asking for a variance of 69’ 74’ and 89’ from the 200’ setback line across Lot N as shown on Anderson Land Surveying Certificate of Survey No. 8562. Please note that I will be abiding by the 30’ setback from the top of bluff across Lot N with this request. I'he application was repre.sented by Dan Elton and Glenn 1 lowe. I'he audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, fhomas Lee made a motion, seconded by Steve Schierer to approve the variance application as requested noting that the proposed location provides a view of the lake, the lake is protected because the property slopes away from the lake and the proposed location is the best location available. The motion to approve failed with Doug Larson, Darren Newville and David Wa.ss voting no. I'hose voting in opposition to the variance application noted that the proposed development can be placed in a location that docs not require the granting of any variances and not having a view of the lake is not a hardship/practical difficulty. David Sholy - Application approved as requested. (8:30 p.m.) ' ■ David Sholy, part of Government Lot 6, Section 3 of Dunn Township by Pelican Lake, requested the following: The layout of the lot (with diagonal shoreline, access road thru the lot, and back wet lands) .seemingly prevents construction of a traditional lake cabin (with well and septic tank). As a result, the only option to actually utilize the recreational designation of the lot is a 'Water Oriented Accessory Structure (proposed site - 13’ by 20’). And, the only feasible location for it is on the west side of the lot. .lune 14, 2018Page I 4 of 5 * David Slioly - Application approved as requested. (8:30 p.m.) Thus, our plan calls for the Water Oriented Accessory Structure to be approximately 24’ from the west property line, rathei' than the usual 40’ guideline. This location will provide a 20 - 30 ’ setback from the lake and a 20’ - 22’ setback from the road. Finally, our proposed building plan with Ouren Construction consists of substantial extra funds intended to produce a stmeture with an attractive “mini lake cabin” look rathei' than a boring oi' unattractive “box type” storage/garage type building. The application was represented by David Sholy. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, second by David Wass and unanimously carried, to approve the variances as requested in the application dated May 24, 2018 and as depicted on the drawing submitted with the variance application. It was noted that this is perhaps the best location for the proposed structure. Hardship/practical difficulty is a substandard lot of record and the access road cutting through the lot. The variances as approved do not directly or indirectly grant any other variance for proposed or future development. Jerry Schmnanii - Application approved as requested, (8:37 p.m.) .lerry Schumann, Lot 9 Block 1 Deerpath at Crystal, Crystal Lake in Lida Township, request my shed is only 32’ from one of the property lines instead of 65’ but is not visible to ii'iy neighbor and he signed a form stating he is ok with it. Requesting a variance of 33’ from the west property line to place a Water Oriented Accessory Structure. The standard setback for a Water Oriented Accessory Structure on an RD lake is 65’. Also requesting a variance to maintain the water source to the Water Oriented Accessory Stmeture. The application was represented by .lerry Schumann. The audience was not polled as there was no one in attendance at the time of this public hearing. After discussion and consideration, Thomas Lee made a motion, second by Darren Nev'ville and unanimously carried, to approve a variance of 33’ from the required side lot line setback of 65’ for the placement of an 8’ by 10’ water oriented accessory structure 32’ from the side lot line and to approve a variance that will allow the water source to the structure to remain. It was noted that there is no hardship/practical difficulty related to this request as the water oriented accessory structure could be placed in a location that complies with the setback requirements of the ordinance; however, the proposed location is the best location on the lot and provides the least obstruction to the visibility from the neighboring properties. The variances as approved do not directly or indirectly grant any other variance for the proposed or future development. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:40 p.m. Prepared by: Wayne Stein, Secretary The minutes were mailed on Monday, June 18, 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. June 14, 2018Page I 5 of 5 ..!..J-i-!.,4.J 4,.4...■fJi4.-I..! I LiJ.i I!4,.4.. SCALE DRAWING FORML1 4.i |.f- 4.t'i R17000030058000 J j 4i.JTax Parcel Number(s)-i-_|-I -tThe 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). 4-_. -..... ..n fI 1" 20*4ScaleJ!ITftmti-j-f 1-i■f..1...-t .1';j..I i- - r .1I-f H- i—rrII}■l...i...1...4.4--t1 t -Ti•t'm■IT I■4 .1 1 i.4..1j-\,4.—t-r II I-i- I .4..1..t Ij4.‘i ..1.1..tT T1..1 IT-j.□T 1i' -r-"I 4H'1 i !1--rTIi..j..4..4IIj.jtTtTTIJ1!i)4..■j-Tj ■I-|T 4 ..."I T I I..i...t-,L.tI14~4'!i rI"...!■f .1I!.fi EastW.O.A.SWest }'h!...I ..l.i I tEi"fI.i ■i•f.j.■.j.TI .,L.tI■—t—t I 4....I-iI1'I l"..1..I1 .1.t *T T t -im ■fI.L4 fIj-Ii 4-ri1i4~-.'-t“I)!.Access Road Midland Beach Road (Lane) | i ..j..f ..i..I,1.i■I'■f r t't I44-t-i—f-..1“r-t'i rr i-1-r1,.i.t IIi..j..•f 11 !I t IJiH i .L!I t1 ttt-II ,4:4.;•r-I!_-4-■r■-T'fJ...i.L...i:'ttt,'.r ..II.1.•j-t-i"" j"I I !..4.T •I-i"ti ..L„4’■■-f"irI.1 4 r "1't"-]i.I f ii--!r-j-T'-I[JiTT4.I i.ti 4...1.t Set Back Summary; 1 'W..:©.:A.S; itoMake i r 1 ! - ■ East.Lside .-r-120' West side 1130* WjO.A.S. to aiccess road: i - West side - i20'+ WjO.A^^ to Westi lot line ^ 24' "j"1J..4..I.....I...^...(.r•f—I -----r tr!...I...I U-..._4-t j 1:t I -+.-L-""i"■r 4-I ..i.4..t -•t"G "\itn:T...L■I-.1*I.!t .„L .J. .1--(...-+• 1 V!I...i-r !.:r Iit"4...)1 i..I.j-!-i tiiiI n J..L4-t-"l !..1.1'■i-1'i'ii:-I r ■f'IT iTr..4.-i ■ i4-r 4 II!--j—i -'i—.t if I,_.i.E IT..I..1.....■f T,.i....4...,.....■f...T.1,....Yi -i.T"t'.1I-r•-|-''LL f *.1III4'I.........rI„1...i..t ii t if ;.4.■f'i"t Tif.!!■ 4 1fII!-.1.I I.11VY}'May 20, 2018David Sholy).Y t Signature'e^Property Owner Date ■4-,|JI (u1 IBK—1042016 360.800 •.--Victor-Lundeen Co. Printers Fergus Falls, MN .1-800-346-4870.r LII IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^):16,200 Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s)260 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 260 260 16,200 .015 1.5100+rr 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 100+X Impervious Surface Calculation Worksheet 04-11-2016 Date May 20, 2018 (David Sholy) s ' Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, WIN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: David Sholy PO Box 1778 Fargo, ND 58107 has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements oFthe 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, June14, 2018 at 8:30 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 Part of Government Lot 6, Property Address - 25273 WIidland Beach Road - 56501 Section 3, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: .. The layout of the lot (with diagonal shoreline, access road thru the lot, and back wet lands) seemingly prevents construction of a traditional lake • - cabin (with well and septic tank). As a result, the only option to actually utilize the recreational designation of the lot is a Water Oriented Accessory Structure (proposed site - 13’ by 20’). And, the only feasible location for it is on the west side of the lot. Thus, our plan calls for the Water Oriented Accessory Structure to be ajjproximately 24’ from the west property line, rather than the usual 40’ guideline. This location will , provide as 20 - 30 ‘ setback from the lake and a 20’ - 22’ setback from the road. Finally, our proposed building plan with Ouren Construction consists of substantial extra funds intended to produce a structure with an attractive “mini lake cabin” look rather than a boring or unattractive litbox type” storage/garage type building. 'H^c^ne Stein Board of Adjustment Secretary iyiayf24,2018 -i' 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 25th, day of May, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: David Sholy, PO Box 1778, Fargo, ND 58107 Pelican Group Lake Imp. Dist. % Fred Manuel, 26271 Otoson RD, Detroit Lakes,MN 56501 Douglas Winter, Twp clerk of Dunn, 50053 Fish Lake RD, Detroit Lakes, MN 56501 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 David Trites, 20944 Westwood DR, Clitherall,MN 56524-9596 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: May 25th, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud UNV80102 Laser/Inkjet printer labelsI s . 13RUCI; M & NAN i: CARLISU; TS I'S 3401 28TI-I ST S UNIT 108 TARGO, ND 58104-5170 KA THERINI: A DABBER'I 5522 .16TI1 ST.S l-ARGO, ND 58104-6784 ROBIN R & SHIRLEY J DAVIS 5795 I74TH AVE SE CHRISTINE, ND 58015-9403 PHILIP & ELAINE GEARY . 25253 MIDLAND BEACH LN DETROIT LAKES, MN 56501-9444 JERRY & MIRIAM DONNAN V'25I99 MIDLAND BEACH LN .DETROI T LAKES, MN 56,501-9409 M A T THEW & JULIE ERIEDERICTIS 4608 ROSE CREEK PKWY S EARGO, ND 58104-6841 r RICHARD & ANNA GUNDERSON 36 PRAIRIEWOOD DR EARCiO, ND 58103-4609 EREDERICK S & HEIDI M HAGE 4312 4.5TH AVE S EARGO, ND 58104-3923 CHARLES R HOGE EST 1948 ROSE CREEK DR EARGO, ND 58104-6803 LLOYD A ODIN 2303 7TI-1 ST S MOORHEAD, MN 56560-4163 .lUSTIN PAQUE3TE ET AL I 73 I 7 79TH PL N ■ MAPLE GROVE, MN 55311-1791 MICHAEL G K SCHERWEIT 25339 MIDLAND BEACH LN DETROIT LAKES, MN 56501- DAVID K SHOLY PO BOX 1778 EARGO, ND 58107-1778 GEORGE I & DAVID K SHOLY PO BOX 1778 EARGO, ND 58107-1778 .lOHN TALLARICO 50929 FISH LAKE RD DETROIT lakes: MN 56501-9443 lUDEETI A WOODS PO BOX 477 FERGUS EALLS, MN 56538-477 -! miversal.Same size as Avery® 5160®