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HomeMy WebLinkAbout17000990731000_Variances_01-07-2010\nao\o OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #1069203 was filed/recorded in this office for record on the day of _- .. 20 m at ft'. 30 Wendy Lj^ll/letcaif, County R^< by: ^/(c, GQ c recording fea well certificate order Deputy L\R 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: vyvwy.co.ottertail.mn.us PC 1 : 2009n mm , Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number iccepted By / DateY- 'g'-PROPERTY OWNE DAYTIME PHONE , Mc='MAILING ADDRESS / LA^LAKE NUMBER LAKE NAME LAKE CLASS 2-SECTION _______TOWNSHIP_____RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS /jg>. Hia;Y. AtPDIT^g^/At^/^>>^T7^cr• /5TAH(^AgOflTRTS UpT^ Un^A ^ \/Ad>\A7r F2ir>. VkM^tyridj 'beAAkj ILEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Xstructure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. |5 C^rTW/^ 7W Ke^itz^ ~i^' ^ere/vt:ic__ WT B6Hif4p'TH€' feW(^/M6- 6a^ 'Vcp AfPL>i^ ^uhJ (okaYUL ifiA^d QXd^OMJLcb mJUb no^ d2JduJJ >^fUnn DH(i)L- 176/lSl./ii,/o<f____________ 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 & RES^RCE NWVNAGEMENT REGARDING THIS MATTER. . SIGNATURE OF PROPERTY OWNER /AGENT FOR OWNER 7 DATE ( (^V^\S a. APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) dl-D'J'/O '7' ot /^rr>Date Of Hearing Motion John Grosz and Elizabeth Smith - Approved the variance application as modified with a condition. (7:08 p.m.) After consideration and discussion, Michael Harris made a motion, second by Rick Wilson and unanimously carried, to approve the placement of the proposed development no closer to the ordinary high water than 52’ or the general building line whichever provides for the greatest setback from the ordinary high water level and with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota January 7,2010 Page # 2 Brad and Helen Nelson - Approved the variance application as requested with a condition. (6:50 p.m.) Brad and Helen Nelson, Lot 33 Birchwood Shores, Pickeral Lake in Maine Township, requested the following: August 7^, 200S, approved- tro construcif a -^-sesasor-i addition. Wa haN/a sinoa daoidad ttiat we naaIII not Pa doing tPat Put &r& onlyr replacing our rotted out dac(<. Wa -failad to get tPe Pulldirig permit wPen we Pad a contractor start on replacirtg our dechc. We erroneously tPougPt tPat Pe would get tPe permit, an oversigPt on our part. In reading tPe A.ugust "7', 200S motion it states tPat we \A/ere apprON/ed to replace tPe decK ‘"so long as tPe new decKs are tPe exact size and sPape ot tPe existing deoi<s and are placed in tPe same location as tPe existing deci<s.'’ “TPe old decK Pad two levels tPat made Palf ot tPe decK un-useaPJe otPer tPap to accommodate us getting to tPe front law/n. We Pave Kept tPe old footprint, and maintained two levels witP tPe lower level Peing mucP smaller, tPerePy giving us more useaPle area. TPe only cPange tPat XA/e need approval for is an angle measuring S feet © incPes,. v\/PicP we instructed tPe contractor to cPange, Pecause it eliminated a ‘dead area'. TPis does not taRe t.ifp any ‘new ground area*; it is only a cPange in tPe angle of tPe decK flooring for wPicP \A/e seeK approval of <tPe 3 foot © incP angle>. Since tPe approved -4—season addition Pad a total of sguare feet, witP tPat not Peing done, tPe decK (tPe old decK and tPe one now Peing constructed> r:»ses ”1 ©O sguare feet of tPe approved sunroom, wPicP leaves 3<4 sguare feet of approved space for tPe ><1—season addition tPat is not going to Pe used. We are tPerefore requesting tPat since vx^e are forgoing tPe <4—season addition tPat our decK Pe approved as it is now^ constructed. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the variance as requested in the variance application dated December 14, 2009 and as more fully described in the letter dated December 11,2009 with the condition that the variance as approved on Thursday, August 7, 2008 is hereby null and void. It was noted that the applicants’ proposal as stated above will not be any closer to the ordinary high water level than the prior development. It was also noted that the development as proposed above is smaller than the development which was approved on Thursday, August 7, 2008. Gordon Bakken - Approved the variance application as requested with conditions. (6:55 p.m.) Gordon Bakken, West 75’ of Lot 1 and all of Lot 2, Jonelsa Beach, Otter Tail Lake in Amor Township, requested the following: The existing two story dwelling is poorly insulated and I would like to replace it with a one story dwelling that has proper insulation and poured “in-floor” heat. I would like to utilize the existing footings and foundation for this project. The closest part of the existing foundation is 64’ from the ordinary high water level. I am requesting an 1T variance. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, second by Rick Wilson and unanimously carried, to approve a variance of IT from the required ordinary high water level setback of 75’ for the placement of a single story dwelling, utilizing the existing footings and foundation as described in the variance application 64' from the ordinary high water level with the following conditions: 1.) any additions to the original footings/foundation or to the original building must be placed behind the string line, 2.) the decks crossed out in orange on the'drawing submitted with the variance application must be removed, and 3.) the garage must be place at least 10’ from the side lot line. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. John Grosz and Elizabeth Smith - Approved the variance application as modified with a condition. (7:08 p.m.) John Grosz and Elizabeth Smith, Lots A, 33 and 34 Midland Beach, Pelican Lake in Dunn Township, requested the following: Proposed building setback is within the required 75’ setback, but behind the non conforming existing building. (We are asking for the string line test to apply). Per phone conversation with Chris Hawley, Stahl Architects, proposed structure will not exceed building line, which is approximately 52’ from the ordinary high water level. The required setback is 75’. David Grosz and Chris Hawley represented the applicants at the public hearing. A letter from R. A. Kost and S. H. Swanick in support of the applicants’ proposed development was read for the record. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, second by Rick Wilson and unanimously carried, to approve the placement of the proposed development no closer to the ordinary high water than 52’ or the general building line whichever provides for the greatest setback from the ordinary high water level and with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. __12/07/2009 17:40 17012933133 CONMV FESTE LTD PAGE 03/03 RECEIVED DEC 1 2009 -AND & RESOJRCf December 7, 2009CONMY# Ft!ATE A 11 o r n « y s Otter Tail County Land and Resource Management Government Services Center 540 Fir Ave W Fergus Falls, MN 56537 CONMY FESTE LTD. 4(U> Muin Avgmic, Suite 200 1*.0. IVtx 2ftX6 h’wgo, NO5XH)R-20Xf) RE: Grosz Lake Cabin 51129 County Hwy #31 Detroit Lakes, Minnesota Telephone 70|.2<)J-9<M1 Telefax 701-292-2112 This office represents David E. Grosz in his capacity as the Personal Representative of the Estate of John P. Grosz, deceased. The Personal Representative has requested a letter verifying ownership of the Grosz lake cabin located on Pelican Lake. writer’s cniiiil: mlhomas^Jconrnylaw.coni At the time of his death, John P. Grosz was the owner of an undivided one- half interest in the property. His sister, Elizabeth Smith, owns the remaining one-half interest. PaulM. Hubharil Kim n, Brustt Michael M, Tlioma-s Risbert J Schuliy. .Icreniy I) Holmes Slcpliuntlie N, Slid I'Toiiglas W. Murth f'hnrlvs A Knilc. Rcureil L.TC’onmy. Ir, (1912-200ft) The sole heirs of John P. Grosz, who will receive distribution of his one-half interest, are his children, David E, Grosz and Jennifer G. Smith. Following the distribution of the estate, the property will be owned as follows; 50% Elizabeth Smith 25% David E. Grosz 25% Jennifer G. Smith ■\bn l.iCC115cd i« MiiiriUSOtlt + Curtiiwtl Civil Tri:il - Naiionnl nourd ol'Trkd AdvtKUcv Very truly yours, Michael 'MTTnomas' mmt:jlr pc; Chris Hawley David E. Grosz Established in 1879 f A Vj-K 7 ^ I O 2-^ p/^(2>,C3-o v:>- rsl ^ O L^—OTTi^ii ry\\ \ coo^r^ ^t>Af^<i /yi n^Ll.'S^m.e^ T' ^Ec ♦ V-*^ ^ (\5 6- “X vz^\ ''~0'A, V^£- HAviGi By. .iV*^ thieve? 'Tk^ APPLlC/n'i okJ FoR VA'i^iyK/'iCB 5u.6M\TTi>0 p6i<Gro52. PPoPpRt^^ 4ot5 3 5 AP 0 5^. Mici^'A'^d Bcv-voh pi^lica^J F\ oa^*slLOe Ai^T^ Tne oR)iOejS.t> o\p^ 'Tki^ ^ LAi^JcA- t ^ y "T i-v^ c5o ,^£-A'?T. IF Hr\6lf^ l(C.'X'^^^\ F*?A<^*< [lAlgr SAti-os/ 0^3 'Trtiglit^ <i fSt.A“^ t a) T(t^ C.O CPrfbir\ ~Y H p. fO|R) O ^r To N>o^ /tdcL IP tbjili- -JK»X l^ljo/0 aJ J rJ‘I pl^OAA. To ^Oii«L\rsj6^ Fs,d>-r p/^i ‘^KotO/O okJ TH^i^ A- A ^ V "TiAi^»0 '-O £) ;^AB- B oJ\T*i_ A " •T^^(^ rlAc-i I Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - v\/stein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: John Grosz and Elizabeth Smith C/0 David Grosz 4465 OakcreeK Dr. SW Fargo, ND 58104 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, thej^er Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of A'djdStmenf will assemble for this hearing on .m.j 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 Goveriiment 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 A, 33 and 34 Midland Beach, Property Address - 51129 County Highway 31 Section 2, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - the following: Proposed building setback is within the required 75' setback, but behind the non conforming existing building. (We are asking for the string line test to apply). Per phone conversation with Chris Hawley, Stahl Architects, proposed structure will not exceed building line, which is approximately 52’ from the ordinary high water level. The required setback is 75'. Stein Board of Adjustment Secretary Date: December 18, 2009 '^0Dec,<^9Oi, Notice of Hearing for Variance Otter Tail County Government Services Center SiOFirAveW Fergus Fails, MN 56537 (218)998-8030/998-8041 Email - wstein@co.ottertail.mn.us vmw.co.otter-tail.mn.us Applicant and/or applicant’s representative must, be present at the scheduled hearing. To Whom It May Concern: John Grosz and Elizabeth Smith C/0 David Grosz 4465 Oakcreek Dr. SW Fargo, ND 58104 has 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 Thursdayi January 7, 2010 at 6:30 p.m., in the Commissioners’ Room of the Otter Tail County Governnaent 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 ofthe public hearing. The property concerned in the application is legally described as Lots A, 33 and 34 Midland Beach, Property Address - 51129 County Highway 31 Section 2, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD . The variance requested is- the following: Proposed building setback is within the required 75’ setback, but behind the non conforming existing building: ' (We are asking for the string line test to apply). Per phone cbnversation with Chris Hawley,'Stahl Architects, proposed structure will not exceed building line, which is approximately. 52’ from the ordinary high water level. The required setback is 75'. 'Waym Stein Board of Adjustment Secretary Date: December 18, 2009 II!IIITOTAL AREA l/, (LOT 33, 34, i LOT A)-.41,100 5F ALLOWABLE IMPERVIOUS SURFACE AREA:10,425 SF PROPOSED IMPERVIOUS SURFACE CENERIC MAX. /AREA CHOUSE S- DRIVE;:1644 SF BUILDIN6 FOOTPRINT REUSE EXISTINO APPROAC HECiD< o 600Z X" (BABOat ^ A < V Generic Site Section / "Rip-Rap'’ Retaining Walls 2:2 CQ -T3AO.l Scale: 1” = lO'-O"o <u IBoo r-': 2a>V ° OJ* ^ i gu rtc/D O urzt, n ♦ ^S ^ o CaO ^ 200^ ArrluTr-rT-' Project NumlTfr 0939 Date 11,09.2009 Filcnnuit:-Scale 0*no ,\0.l..h»e Scale: 1" = 50'-0" 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 Taii County, Minnesota, do hereby certify that on the 18th, day of December, 2009 the attached Notice of Hearing for Variance was duiy served upon the individuals listed below and/or included in the attachment: John Grosz 7 Elizabeth Smith, 4465 OakCreek Dr S, Fargo, ND 58104-6619 Peiican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, Mn 56501 Judy Sumpter, Twp Clerk of Dunn, PO Box 719, Pelican Rapids, MN 56572 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 Fails, MN 56537 Terry Lejcher, DNR 1509 1®‘Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richvilie, MN 56576-9672 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 by placing a true and correct copy thereof in a seaied 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: December18th, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud i. BDN'pROPERTIES LLP 97 18TH AVEN FARGO ND 58102 2344 . HAROLD K& DONNA J BEGKSTROM 51131 COUNTY HIGHWAY 31 -DETROIT LAKES MN 56501 9442 JOSHUA BREKKE 34 CUPERTINO CIR . ALISO VIEJO CA 92656 8076 CRAIG & BRADLEY COLMAN 2310 3RD AVEN FARGO ND 58102 4001 RUBY V HULET 921 89TH AVE NE BLAINE MN '55434 2308 ■JOHN GROSZ & ELIZABETH SMITH 4465'OAkCREEK DR S FARGO ND 58104 6619 R A KOST & SUSAN SWANICK LORETEL SYSTEMS SOUTH INC 150 2ND ST SW PERHAM MN 56573 1461 TODD C & LARRY J KOHLER 50913 COUNTY HIGHWAY 31 DETROIT LAKES MN 56501 9455 PO BOX 10325 FARGO ND 58106 0325 SALLY M MOORJ & SUE S TISDALE 38.GOLF AVE <■ PITTSFORD NY 14534 1402 WAYNE A & LINDA S PUDWILL 51241 COUNTY HIGHWAY 31 DETROIT LAKES MN 56501 9442 DAVIDMAJKRZAK 802SHEYENNE ST WEST FARGO ND 58078 2630 JAY TAYLOR: . 51197 COUNTY HIGHWAY 31 DETROIT LAKES MN 56501 9442 GLENN C & BERNICE.C TRAUTMAN .1425 16TH STS FARGO ND 58103 3932 STATE OF MINNESOTA ATTN TAX SPECIALIST 500 LAFAYETTE RD PO BOX 45 SAINT PAUL MN 55155 4045 ..." :*v ••ii 4* WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my 44. OCO .)property/project (Tax Parcel described in my _ dated \2^j^jc^ Otter Tail County to meet the legal requirement to take action within 60 days of the receipt of the completed Application(s). I understand that in the absence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the Application . As a result, it may not be possible for property before taking action on my Application(s). \zkm dAtbd 'PROPERTY OWNER 11-02-04 Mbowman forms-apps waiver 60 day rule iJiAu, ^tkuoA^ iU^fUdj thuj ^ -mUj^A-Oill JhfLAMJtAsXiffrU^ ^ dM&^ I4)d/n^tk) Oi^fllLdatim) WMfO