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HomeMy WebLinkAbout17000100134001_Variances_05-12-20161174438 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 05/18/201.6 10:09 AM CO RECEIVED APR 2 0 2016 *^nd& resource co^CO -CD*^FEE: 46.00 PAGES 3 WELL CERTIFICATE RECD: NCO • • 'CO L&R Initial 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 '^^00 —Application Fee Receipt Number ^ ^ Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK MAILING ADDRESS ^6^/^ PROPERTY OWNER DAYTIME PHONE LAKE NUMBER LAKE NAME ______LAKE CLASS k7 r\137MlSECTION TOWNSHIP RANGE TOWNSHIP NAME 17- 7>dO -/n-u/M'PARCEL NUMBER E-911 ADDRESS 5^>5Z?/ Ml, LMk E-J.. LEGAL DESCRIPTION^ S7D ' o-f M-h 3 Be.+, '^KxT? TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback ^ Structure Size___Sewage System XSubdivisionClusterWECSMisc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF ASAedC.THIS WILL BE USED FOR PUBLIC NOTIFICATION. rLplA.ce cle^:/ia :zr tdOu)A A-W i incluAttCcxJ,\ ^ b>u^i\d'nl^ ^c>A<. no+ iiu-TiTtyv-f S'U‘i^c-f^r-e ^ rh.^ /« a- 4:s».r,<WF? ir<cxU,.'1; Vy Sh»juL,i^ MAs. ^ i/^lcxj^oe. c>4- OvOH^ CjC/S-inYifl ^ OoTc, c?iv;vv<f HP 3C 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. ' V lifiiu J . !7. «flSN7ffU^ OF PROPERTY OWNER / AGENT FOR OWNER DATE 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 Date Of Hearing Time Motion Jay and Stacey Stibbe - Variance application approved as requested with a condition. (8:27 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve the proposed development as described in the variance application dated April 20, 2016 and as depicted on the drawing submitted with the variance application with the condition that impervious surface coverage cannot exceed 35% upon completion of the proposed project. The variance as approve does not directly or indirectly grant any other variances for the proposed development. It was noted that the proposed development will be further back from the ordinary high water level than the existing development. Chairman/Otter Tail Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No hiubuito r/iiL I LR Official/Datfe 'Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Kevin Biffert - Denied (8:16 p.m.) Kevin Biffert, Lot 3 Block 2 Summer Haven Beach First Addition, Pelican Lake in Scambler Township, requested the following: Structure to be setback 1 ’ from property line. Property next to mine is fully treed and no site from others buildings or premise. 30’ by 75’ canopy with top only for parking. Kenny Biffert represented the applicant at the public hearing. The audience was polled with Laurie and Sue Ishaug speaking against the variance as requested. Letters and emails from the following individuals in opposition to the variance as requested were read for the record: George and Sharon Gorton, John Gorton and John Savre. After discussion and consideration, Steve Schierer made a motion, second by Richard Gabe and unanimously carried, to deny the variance as requested as no hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and there are other alternatives available that will provide the applicant with a reasonable use of his property. TB Jay and Stacey Stibbe- Variance application approved as requested with a condition. (8:27 p.m.) Jay and Stacey Stibbe, part of Government Lot 3, Section 10 of Dunn Township by Pelican Lake, requested the following: I am asking to replace an existing deck. In doing so I would like to make it all one height and include rail for safety and aesthetic purposes. Federal building code does not support current structure and design. This is a concern from a liability and insurance standpoint. We are requesting a variance of 54’ for deck to be placed 21’ from ordinary high water level. Existing deck is 16’ from ordinary high water level. Additionally, because we are giving up deck space towards the shoreline I would like to widen deck to make a practical space and better match cabin. This also would give our neighbors a better site line. Current impervious surface is at 37% and proposed will be 37.6%. Current impervious surface is 694 square feet in Shore Impact Zone. Proposed is 740’ square feet. Requesting a variance to increase impervious surface coverage in the shore impact zone by 46’ square feet. The audience was polled with Jack Young speaking in favor of the variance as requested. A letter from Duane and Winne Ulschmid in support of the variance as requested was read for the record. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve the proposed development as described in the variance application dated April 20, 2016 and as depicted on the drawing submitted with the variance application with the condition that impervious surface coverage cannot exceed 35% upon completion of the proposed project. The variance as approve does not directly or indirectly grant any other variances for the proposed development. It was noted that the proposed development will be further back from the ordinary high water level than the existing development. Scott and Chris Zeleny - Variance application approved as requested. (8:35 p.m.) Scott and Chris Zeleny, part of Government Lots 3 and 4, Section 6 of Gorman Township by Silver Lake, requested the following: We are asking for 100’ setback from the 200’ for a 40’ camper, outhouse and 12’ by 12’ shed. We have a total of 175’ from the ordinary high water level to the township road. 75’ behind us is considered low land. Note - 8’ by 8’ water oriented accessory structure 65’ from ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of a 40’ camper, outhouse and 10’ by 12’ shed 100’ from the ordinary high water level as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is the lot size. The variance as approved will provide the applicants with a reasonable use of their property. The variance as approve does not directly or indirectly grant any other variances for the proposed development. May 12,2016Page I 4 ^ ft DJ tJi «I • SCALE DRAWING FORM Tax Parcel Number(s) The scale drawing must be a signed drawin 3 which includes and identifies a graphic scale (feet), all existing and/or proposed stri. tanks, drainfields, lotlines, road right-of-ways, e asements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also ( Impervious Surface Calculation (see back). ■ ctures, septic omplete the ' i ft Scale vM 0- -20' L n 50' dts> H'N' 3.5' D4 M * ' a ’it 5hofelintV 7'^^ Ve^- Signature of Property Owner Date BK — 032014 354 12G • Vii ti4 liiiider-iI i'.o Fnniftj' • Fpiju-, Fai..', MN • 1-rtj'j-34t)-4R7c IMPERVIOUS SURFACE CALCULATION List & identify all existing & prcwosed onsite impervious surfaces on scale drawing. ^ ^ * /(hVILot Area (ft^):SignatureT Date: Buildings Other Impervious Surface ProposedExisting Existing Proposed Ft^ Ft^Ft^Ft^ S53DwellingDeck(s) Attached Garage Patio(s) CODDetached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous 2Z4TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Total Buildings Ft .22A 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^ .5'7^0 57,ZSSO 100+-5-=X Impervious Surface Calculation Worksheet 03-25-2014 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 (SIZ):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. Existing Ft^Proposed Ft^' i Building(s) Deck(s) Patio(s) Sidewalk(s) Landing(s)6 Driveway(s) 1Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous f > j > 9 TOTAL S' r 1 Total Shore Impact Zone Impervious Surface Existing Proposed Total Ff Ft^Ft^ Maximum Allowable 260 Ft^ 694 7^0+s Impervious Surface Calculation SIZ 04-11-2016 7,Signatu Date: - m•rthr. ?Wfc ■'•»>>;it, Mill; ,s^,. . '4■n.^: f-::.. »ri -Tv' * ■ ■ :■ £^ - A'g:- ,v": ■ 'i tS*?' - ■ *- '■ ■■ ■■-•.4^'•f .i|b^ ’t ji V.*w.V -Y-iik-.•j'.f # -4f i- 4h*-■ fA *f i-i ^-, ■ j■ «<• « H#/ ; - ■■# r 4' -• f'^k , * . :"'Cv *■ rc> i,-•5 "m •'. ■■ >^. ' f*% [ *%o?».*■ ■wV>. •VO .’»'* -■p,te'. - “f'** j e> ~Xm. m^-;-„ . P--'|k-oC ■■ . *• •• .V nItM <» • .<*■n‘^4 -—' J7f£>^c>6^td M' uJiioU. ■^' -^fZ^e /nolu.d^ Z, /Ilf "h-hd /f fi - f«-»- 1-. A !U\i ¥ - >'0f ■ i t ; ■ *■■' <• V **- ■ ■ s f-'S ■3p’7^ , « . . -> *■ • r #■ , >7' ■ _.--pv. • ; 1^-♦'■f '■ " ' ........................................................................................“ t' ,:aafM 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.usOTTf R TRil « a • a r r ■ « • ■ I I o T a Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Jay and Stacey Stibbe 2315 Rose Creek Blvd Fargo, ND 58104 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, May 12, 2016 at 8:00 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 3, Property Address - 50501 Fish Lake Road Section 10, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - the following: I am asking to replace an existing deck. In doing so I would like to make it all one height and include rail for safety and aesthetic purposes. Federal building code does not support current structure and design. This is a concern from a liability and insurance standpoint. We are requesting a variance of 54’ for deck to be placed 21’ from ordinary high water level. Existing deck is 16’ from ordinary high water level. Additionally, because we are giving up deck space towards the shoreline I would like to widen deck to make a practical space and better match cabin. This also would give our neighbors a better site line. Current impervious surface is at 37% and proposed will be 37.6%. Current impervious surface is 694 square feet in Shore Impact Zone. Proposed is 740’ square feet. Requesting a variance to increase impervious surface coverage in the shore impact zone by 46’ square feet. Wt^ne Stein Board of Adjustment Secretary April 21, 2016 DIf**** J w 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 April, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jay and Stacey Stibbe, 2315 Rose Creek Blvd., Fargo, ND 58104 Michael Johnson, Twp Clerk of Dunn, 47979 E Lake Lizzie Rd, Pelican Rapids, MN 56572 Pelican Lake Assoc., Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson 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 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Richard Gabe, 25826 County Highway 20, Detroit Lakes, MN 56501 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: April 25th, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment jpBy: Vi Manderud D’ ii»'r MARK C JOHNSON ETAL 3200 IITH STS #207 FARGO, ND 58104 4610 DEREK & N BRANDENBURG TSTS 3722 6TH ST E WEST FARGO, ND 58078 5439 BRADLEY T ANDERSON 2520 WILLOW RD FARGO, ND 58102 2137 GERALD A & MARLENE NOLTE 802 28TH AVE S GRAND FORKS, ND 58201 7005 NOLTE FAMILY LLC 802 28TH AVE S GRAND FORKS, ND 58201 7005 FRANK & KATHERINE MIOSEK 50566 FISH LAKE RD DETROIT LAKES, MN 56501 9445 DOUGLAS & ALYSON OLSON 416 4TH ST PO BOX 206 HOOPLE, ND 58243 PELICAN BEACH RESORT CLUB INC ATTN RODNEY WILSON 62 SLOPING HILLS CV GRAND FORKS, ND 582017953 BRYAN OBERG 4428 ALLYSON CT MOORHEAD, MN 56560 6799 LYNN P& FERN LSKABO 4312 MOURNING DOVE DR NAPLES, FL 34119 8869 ROMMESMO FAMILY LTD PTNRSHP 702 13TH AVE E WEST FARGO, ND 58078 3304 MARGARET PILLSBURY TST 7823 NEVILLE AVE E MESA, AZ 85208 6149 JAY P& STACEY SSTIBBE 2315 ROSE CREEK BLVD FARGO, ND 58104 6881 EMMA STREYLE TST 3645 PIERCE STS FARGO, ND 58104 7564 STEVE C & CATHERINE SPICER 2184 12TH AVENE EMERADO, ND 58228 9723 TNS PROPERTIES II LLC 4401 MAIN AVE W PO BOX 2044 FARGO, ND 58103 1010 TNS PROPERTIES LLC 702 13TH AVE E WEST FARGO, ND 58078 3304 RICHARD &. BEVERLY STURLAUGSON 50461 FISH LAKE RD DETROIT LAKES, MN 56501 9446 DUANE & WINNIE ULSCHMID 50495 FISH LAKE RD DETROIT LAKES, MN 56501 9446 ROBERT A TYLER ET AL 1461 BUTTE RD PRESCOTT, AZ 86303 4927 ia • 4 '» • ^ -S--May ^ ^ ^0J8 -rui AMjl. yU pyLOCL.^Hf'If .Oi^r\J y6i XlJy^ ^ ^ytAy^Jh^ %JA^Ctyvxci(irK^C iJkjL <0(C* fM-«,Q^ M: y^Jlyt\j>-irx^ jtPu. <Lsl<A jh) \ruxAA ytO-1. C xtkfi^vv K U<?'VI^ ChA IOm^^ * » *