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HomeMy WebLinkAbout17000090107005_Variances_08-10-1999THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK *4r* Application Fee <|:fin nn Receipt Number ! PROPERTY OWNER DAVTn AND RFVFRT.V RKYRFPr: f RTTYFR ^ DAYTIME PHONE 7Q 1 -5/1 ?-?Q29 ADDRESS 1429 1 5TH ST. N.. WAHPFTnNTr NT) RR07R I LAKE NUMBER 55-7Rfi LAKE NAME PT?T.Tf-AM LAKE CLASS SECTION__9 TOWNSHIP 137 RANGE 42 TOWNSHIP NAME nrTMM iPW - 3PARCEL NUMBER FIRE / LAKE I.D. NUMBER 431 3 LEGAL DESCRIPTION ^ (—-- MAY 11 1999LOT 52 PROVAN BEACH TYPE OF VARIANCE REQUESTED (Please Check) ClusterSewage System Misc. YStructure Setback Structure Size Subdivision SPECIFY VARIANCE REQUESTED Requesting Meets and Bound Addition less than 5 acres of 5,000 sq. ft. Addition to be permanently attached to Lot 52 on Provan Beach, Lake #56-786. 5,000 sq. ft. area, which is requested to be permanently added. 1. Please note that drain field for Lot 52 is located in 2. Application For Variance is approved/accepted by existing property owner (seller)and see copy of letter included from property owner stating same. 3. Please see Certificate of Survey of 5,000 sq. ft. area, which is requested to be added to Lot 52 on Provan Beach. You will also see position of lift station and septic risers of drain field within 5,000 sq. ft. area. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND 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. A-., SIGNATkmE OF PROPERTY OWNCT ( BOYER )DATE/ APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) '.hlj..P June 10,4999 @ g/</M L & R Offici£(1/Date Accepted By Land & Resource Time ^:ao f. rr> .Date Of Hearing Motion David and Beverly Skyberg - Withdrawn June 3,1999 Meeting - Stephen F. Rufer, Attorney, appeared along with the applicant at the public hearing. A letter from Dirk Lenthe approving of the proposed subdivision was read for the record. A letter from Douglas and Eloyes Winter opposing the 5,000 square foot addition to the applicant’s lake lot, if the additional property was going to be used for the purpose of exceeding the limit on impervious surfaces, was read for the record. The audience was polled with Dale Olafson, Elaine Funfar and Harvey Gilbertson expressing concerns with the applicants’ request. Elaine Funfar also presented documents for placement in the applicant’s file. After discussion and consideration, motion was made by Cecil Femling to approve the variance as requested. This motion died for lack of a second. After additional discussion and consideration, motion was made by Randall Mann, seconded by John Everts and unanimously carried, to table the applicants’ request until the June 10, 1999 Board of Adjustment meeting for additional information from tlie Land and Resource Department and from the County Attorney’s office. June 10,1999 Meeting - It was noted that the Skyberg’s had withdrawn. 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 And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota I November 4,1998 Bill Kalar Land and Resource Management Office 505 South Court Fergus Falls, MN 56537 Dear Bill, Enclosed is the plot map and some pictures of the David Skyberg property. My draftsman has figured the square footage of Mr. Skyberg's impervious surface coverage at 3,741 sq. ft., which is 474 sq. ft. over the 25% maximum coverage of 3,267 sq. ft. for his lot size. The addition that Mr. Skyberg added to attach his house and garage is less than 9 feet from our lot line. I believe that there was not a permit taken out to add the house and garage together because he did not notify your office by 3-24-97. There was not a variance issued that allowed him to build closer to the lot line. Mr. Skyberg, earlier this summer, had all of his concrete torn out and knowingly replaced it (new concrete is terra cotta color) with more concrete than he originally had and knowingly put it too close to our lot line and then added his sturcture on top of it. His house is 10 feet from the lot line, what made him think that he could add another structure that was less than 9 feet from the lot line? With all of the infractions that have taken place by Mr. Skyberg, I am requesting that he comply with the 25% impervious requirement and that he remove the attachment between his house and garage because it is too close to the lot line. He is well aware of all of the regulations, but continues to break any of them that he wants to. Please keep me informed of the outcome of this matter. Sincerely, Elaine Funfar L 4233 Timberline Drive Fargo, ND 58104 (701)232-2107 April 27, 1999 OUer Tail County Board of Adjustioeot County of Otter Tail Courthouse Fergus Falls, MN 56537 Approval to Permanently Add 5,000 Sq. Ft, of My Property to Lot 52. Owned by Beverly and David Slqdjerg, 52, Provan Beach, Pelican Lake (56-786) Dear Board of Adjustment; I, DiikLenthe, hereby grant my ai^roval of Beverly and David Skyberg to purebaaa and pennaimtly add 5,000 sq. ft, of my propery, as in^ted in CortifIcatB of Survey in Government Lot i!t2, section 9-137-42, Otter Tail County, to Lot SZ of Provan Bc^h and agree to Variance Appllcaticm request of meets and bound addition of less than 5 acres. My approval to purchase is indicaied by Toy signature below and is subject to Board of Adjustment agreeing to Variance Request of Meets and Bound addition less than 5 acres. Re: Date r— W>\y 1 ^1999 May 31, 1999 TO: Otter Tail County Board of Adjustments From: Douglas and Eloyes Winter Lot 60, Provan Beach, Pelican Lake and 502 Fifth Avenue Northeast Dilworth, MN 56529 Phone: 218 287-2884 Reference: David and Beverly Skyberg Lot 52, Provan Beach, Pelican Lake If the reasoning of the Skyberg's, today or in the future, is to have additional lands made a permanent attachment to their lakeside lot for the purpose of exceeding the limit on impervious structure on their existing lot, we would be opposed to the attachment of the 5,000 square feet of property to their lakeside lot. It is time to start restricting land owners to the limits established now or one day we will have almost continuous structure on the lake shores. We appreciate this opportunity to address this board. Sincerely, Eloyes WinterDouglas Winter / ‘■Me ~ _ '^'>0V4q/vCERTIFICATE OF SURVEY IN GOVT LOT 2 SECTION 9-137-42 OTTER TAIL COUNTY. MINNESOTA SSach Cov'l Lot 9 S»e. 4^-^ / \ Cov't Lot 3 3«c. \0 Oum Township Rood T . 6^If ------------ J/ 1Iji i '.O'-) '' 5000 »» tl. troelin I,I, § /' ^ I SE 1/4 NE 1/4Govt Lol 2i5»c, 9 - 137 - 42// /,‘i -JJ ---- VICINITY MAP (for illusiralive purposes on/yj oV- -- '7-’ SURVEYOR: Roy A. Srrtilh and Associates Lincoln Professional Center Detroit Lakes, MN may 11 1993 Eaalerly line of South Stnol I hereby certify lhal the subdivided properly described in this surrey meets the County requirements for public road access and ssivoge Irealmeni systems. OWNER LEGEND • = Denotes Iron monuments found, o = Denotes Iron monuments set, marked with Minnesota Registration No. 12004. Orientation of this bearing system is assumed. Scale; I inch = 30 feet. nHf^nv otjruf,' U.o: '•Open wGfi piepoiod by nuj oi m-. OKI a duiy th» lews o! 'i>s' Ills n.rvn?, , y'‘*uT7et\upor/'!^ior) cud that J i I mvler Vor;l 7 30 scoff 600 n,ti Nr. /t<7of ; ) ! ! * ;; •S-; ■ ;i i ; ■< i ;;\ r~O ijt / / / / O•~4 orUt r“ O-4 Uf 1>z These plors, furnished by S“?TNHRSON LUMBER or HomeCAD. were preponed by experienced droftsmen who ere not fuliy qucHf-ed cs engin«r«5re or architects. STEN‘ERSCN LUMBER c-nd HemeCAi) expressly disclaim o^y ilobiiity whatsoever for errors of cr-;- kind which moy be found on these p c.'-;s. Zuider requiisd to verify dimensions.SITE PLAN ©0REVISED REVISED REVISED: COxMM # ^e>l0B DESIGN Contractor DRA'j^'N C. Pod arson CHK’D Jon Bra a ten ?^4 o CABIN CONSTmJCTIOM 05“ CP II o o5-Z H3COMPUTER-AIDED ARCHITECTURAL DRAFTING ('2IS; 233-4400 WE PUT YOUR DREAMS ON PAPER ^ ?FUMF DATE: 8-23-36•-3 PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P. ATTORNEYS AND COUNSELORS AT LAW OFFICES ALSO FIRST NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 TELEPHONE; (218) 583-2933 RICHARD L. PEMBERTON* OSCAR J. SORLIE, JR.* + STEPHEN F. RUFER* H. MORRISON KERSHNER* + + ROBERT W. BIGWOOD MICHAEL T. RENGEL* CORENIA A. KOLLASCH WALZ** KENT D. MATTSON JENNIFER O. SMESTAD LAW OFHCE BUILDING no NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538-0866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 E-MAIL: lawyer@ferguslaw.com NOR WEST BANK MINNESOTA WEST, N.A. ROTHSAY, MN-TUESDAY A.M. TELEPHONE: (218) 867-2121 V County Board of Adjustment Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Otter Ta June 9, 1999 Request for Metes and Bounds/Hearing for Variance Our File No. 99-0305IN RE: As attorney for David Skyberg, I hereby withdraw his.-request for a variance to convey a metes and bound tract. be taken off of the agenda for the upcoming June 10, I assume this will1999, Stephen F. Rufer njd Ml ^' Mr. David Skyberg cc: I *ALSO LICENSED IN NORTH (DAKOTA **SOUTH DAKOTA CIVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION -^-^REAL PROPERTY LAW SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION + -^-^ CIVIL TRIAL SPECIALIST CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND MINNESOTA STATE BAR ASSOCIATION Minnesota Department of Natural Resources DNR WATERS 1221 FIR AVENUE EAST FERGUS FALLS, MN 56537 218-739-7576 June 8, 1999m■o (/)UJ RECEfVJ-D OTTPRtmi rn A!''"'Ten O5 m f 4 1999 K,____ Mr. John Evert, Chair Otter Tail County Board of Adjustment Otter Tail County Courthouse Fergus Falls, MN 56537 Mr. Bert Olson, Chair Otter Tail County Planning Commission Otter Tail County Courthouse Fergus Falls, MN 56537 Dear Board of Adjustment and Planning Commission; VARIANCE APPLICATION, DAVID AND BEVERLY SKYBERG, PELICAN LAKE (56-786P), OTTER TAIL COUNTY Recently I have had the occasion to view the above property and become aware of the situation. As you well know, there are two dwellings on this property, which is clearly contrary to Minnesota Statewide Standards for Management of Shoreland Areas. Rule 6120.3300, Subpart 2.A. indicates single dwelling lots must not be occupied by any more than one dwelling. The applicant of course is attempting to meet the dimensional requirements after he has violated the zoning ordinance. The parcel of 5000 square feet added to the back side of this lot will not satisfy the intent of the ordinance. Existing impervious area exceeds 30% of the total lot area. This rule is designed to address water quality issues. The addition of this 5000 square feet would only address the impervious area issue on paper and not on the ground. It is apparent there is no hardship as required by law here in order to grant this variance. This is an economic situation that has been self inflicted by the applicant. Since lack of hardship would prohibit you from issuing a permit had he applied before the work was done, it does not seem logical to grant a variance to correct the applicant’s error. Removal of an existing dwelling structure seems to be a reasonable option to bring Skyberg into compliance. If he has sufficient lot area for a duplex, perhaps a second structure on the back lot would be allowed by the ordinance. Most importantly, it would help maintain the water quality of Pelican Lake by limiting the impervious area on the lakeside lot for that purpose. Since there is no hardship evident except to the resource, I must recommend denial of this variance application and removal of one of the two existing structures. Sincerely, Terrence R. Lejeher Area Hydrologist TRL/lb Region I Waters Bill Kalar c: DNR Information; 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste June 3,1999 To: Otter Tail County Board of Adjustments Re: Variance requested by David and Beverly Skyberg to subdivide a metes and bounds parcel of less than 5 acres from an existing 89.6 acre parcel. The proposed parcel would be approximately 5,000 square feet and would be permanently attached to Lot 52, Proven Beach. The current use of this area is for the drain field that services Lot 52, Provan Beach. Listed below are our concerns: 1. The 5,000 sq. ft. of land is across a paved road from the lake lot. (See plot map with highlighted area.) 2. What bothers us is the underlying reason for the permanent attachment to the lake lot. If this is allowed, the Skyberg's could possibly have 35% coverage on the lake lot. They have already been turned down for 30% coverage at a variance meeting dated Novembers, 1997. In that variance application (Novembers, 1997), the Skyberg's said they would not install the walls or pour the concrete to attach the new house to the existing garage/living quarters until they received a 30% lot coverage. They already had the canopy installed before the November 6,1997 variance request. Since then they have added all of the concrete and enclosed the walls, even though they were turned down for that coverage. Also, in the November 6,1997 variance application the Skyberg's stated that their lot slops away frorh the lake, so there is no concern for any increase of water runoff into the lake at 30% coverage verses 25% coverage. That is a misleading statement as the Skyberg's lot slopes toward and drains onto our property, which in turn drains into the lake. Since their house was constructed, we have noticed a large increase in the water draining onto our lot from theirs. At this time, we have a real concern since their final grade has not been done yet. 3. They have also built their new canopy/addition 8'8" from our lot line, which they did not get a variance to build closer than 10' from the lot line. 4. Also, on September 24,1996 when the Skyberg's took out their buiiding permit for the house, they falsified the amount of impervious surface that they had on the lot. (See Application for Site Permit with highlighted area). They did not add the existing canopy, the sidewalk or the storage shed to the total square feet of impervious surface. They were at approximately 27.8% coverage at that time they took out the permit: They also never took out a. permit to attach the house to the garage/dwelling. The garage/dweiling was supposed to be turned back into a garage by September 1,1997. These have been our concerns andiif the Skyberg's are allowed to permanently attach the 5,000 square feet to their lot, they would be able to add even more structures than they already have and be up to 35% coverage on the lake lot. We are against the variance. ( Charles and Elaine Funfar Lot 53, Provan Beach Pelican Lake -i'■! > : ;;;; 1 r ■^i s' f • {) O'. r. ?ir;i. j ........^....... O/U* ___........^1- . ' il! • i'. ...... (L<suxxC» 7LiAu^. 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