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Home My WebLink About17000990755000_Variances_04-10-2013zo/3'1126541 Date Stamp DOC# 1126541RECEIVED NOV 2/ : 1126541 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd April 23, 2013 2:00 PM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA LAND & RESOURCE Returned To: LAND & RESOURCEL&R Initial By: LL j THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee ^QO COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date aMAILING ADDRESS/S^ Qji Za M/vJ ( LAKE NUMBER.^$^ DAYTIME PHONEPROPERTY OWNER ^ oA.T ______LAKE CLASS JD ti k1 LAKE NAME /B-7 ^2,TOWNSHIP NAMERANGETOWNSHIPSECTION PARCEL NUMBER y LEGAL DESCRIPTION TYPE OF VARIANCE-REQUESTED (Please Check) _structure Size____Sewage System____Subdivision WECS Misc.ClusterStructure Setback ' SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Requesting a 40 foot variance from the OHWL setback of 75 feet to connect 2 existing dormers. The proposed new dormer will be 35 feet 4 inches from the OHWL No changes to the existing structure footprint will be made. This variance will allow the existing structure to tie into new construction with a continuous roofline, improving the lake views while matching the architectural design of the entire structure. Hardship is the substandard location of the existing structure. 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. SIGNATURE 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 TimeDate Of Hearing Motion Judy Steffes - Approved the variance application as requested. (6:31 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Rick Wilson and unanimously carried, to approve the variance as requested in the variance application dated November 27, 2012 and as depicted on the drawing submitted with the application. The practical difficulty is a substandard lot of record. It was noted that the proposed development will not be any closer to the ordinary high water level than the existing structure. It was also noted that after completion of the proposed project the applicant will not exceed the allowable impervious surface coverage. The proposed development does change the existing roofline. Chaiffnan/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 18, 2013 The Otter Tail County Board of Adjustment met Thursday, April 18, 2013, with the following persons in attendance; Michael Harris Steve Schierer Scott Ellingson, Land and Resource Management Kurt Mortenson, County Attorney Paul Larson Thomas Lee Rick WilsonWard Uggerud Called to Order - Steve Schierer, Vice Chair called the meeting of the Board of Adjustment to order at 6:27 p.m. Minutes Approved - The Board of Adjustment approved the minutes of December 6, 2012 meeting as mailed. Chair and Vice Chair Selection - Steve Schierer, 2012 Vice Chair, called for nominations for Chair and Vice Chair of the 2013 Board of Adjustment. Paul Larson made a motion, second by Michael Harris and unanimously carried, to direct the Secretary of the Board of Adjustment to cast a unanimous ballot for Steve Schierer as Chair and for Thomas Lee as Vice Chair of the 2013 Board of Adjustment. Steve Schierer requested the secretary send a thank you on behalf of the Board to Randall Mann for his past service. The Board of Adjustment considered the following applications for variance: Judy Steffes - Approved the variance application as requested. (6:31 p.m.) Judy Steffes, Lot 2 Morningside Beach, Pelican Lake in Dunn Township, requested the following: Requesting a 40’ variance from the ordinary high water level setback of 75’ to connect 2 existing dormers. The proposed new dormer will be 35’ 4” from the ordinary high water level. No changes to the existing structure footprint will be made. This variance will allow the existing structure to tie into new construction with a continuous roofline, improving the lake views while matching the architectural design of the entire structure. Hardship is the substandard location of the existing structure. The audience was polled with on one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Rick Wilson and unanimously carried, to approve the variance as requested in the variance application dated November 27, 2012 and as depicted on the drawing submitted with the application. The practical difficulty is a substandard lot of record. It was noted that the proposed development will not be any closer to the ordinary high water level than the existing structure. It was also noted that after completion of the proposed project the applicant will not exceed the allowable impervious surface coverage. The proposed development does change the existing roofline. DuWayne K, and Mary Jo Roberts - Tabled (6:35 p.m.) DuWayne K. and Mary Jo Roberts, part of Government Lots 1 and 2, Section 21 of Pine Lake Township by Big Pine Lake, requested a variance of 1T from the required ordinary high water level setback of 75’ and a variance of 4’ from the required lot line setback of 10’ for the construction of an addition on an existing basement 64’ from the ordinary high water level and 6’ from the west property line. The audience was polled with on one speaking for or against the variance as requested. After discussion and consideration, Rick Wilson made a motion, second by Michael Harris and unanimously carried, to table with the applicants’ verbal permission, this variance hearing until the May 9, 2013 meeting, which will provide the Board of Adjustment members with an adequate opportunity to view the applicants’ property. It was noted that access to this property was restricted because of significant snow cover and the road had not been opened. l;an€>Amt^ HLc>tSizm dlowobW cowcrogr 34V 2.7Q «q fh (Mct, 3. 2Cn2) 'apfjTt?^ ^2t2 w)94 340 «i.frutnf m<o4 5&2 *.f.prcipMed ulUPuii n«iv drii« 54A totd \ot coimrage 2£G& l>» eo'fwntgt 33% . CABIN WAU-(LC\VEB3 PROPOSeO COBt-ER ■ i ' -'^S oors-.es.I !i-iitation uni SITE-ROOF PLANBScale: 1" = 20 F 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 - wstein@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: Judy Steffes 50395 Fish Lake Road Detroit Lakes, MN 56501 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, April 18, 2013 at 6:30 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 Lot 2 Morningside Beach, Property Address - 50395 Fish Lake Road Section 3, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - the following: Requesting a 40” variance from the ordinary high water level setback of 75’ to connect 2 existing dormers. The proposed new dormer will be 35’ 4” from the ordinary high water level. No changes to the existing structure footprint will be made. This variance will allow the existing structure to tie into new construction with a continuous roofline, improving the lake views while matching the architectural design of the entire structure. Hardship is the substandard location of the existing structure. 'Waym Stein Board of Adjustment Secretary Date: March 22, 2013 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 March, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Judy Steffes, 50395 Fish Lake Road, Detroit Lakes, MN 56501 Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 Faye Engkjer, Twp Clerk of Dunn, 51628 Pelican Pt Dr, 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 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 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: March 25th, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustm^t By: Vi Manderud u <wW D & S INVESTMENT CO ATTN PELICAN BEACH RESORT PO BOX 14375 GRAND FORKS, ND 58208 DAVID & ANNIE SUMPTER 50384 FISH LAKE RD DETROIT LAKES, MN 56501 AZURE ESTATE LLC 2104 HASTINGS AVE STE 200 NEWPORT, MN 55055 FRANCIS E& JANE A HYJEK 109 TIMBER CIR PO BOX 644 BUFFALO, MN 55313 FRANDSEN BANK & TST 1616 WASHINGTON STS GRAND FORKS, ND 58201 ELMER WASEMILLER TSTEE PO BOX 1386 WAHPETON, ND 58074 JIMM&MARYALAVOLD 105 3RD ST N APT 201 MOORHEAD, MN 56560 JAMES H LEHR 42420 COUNTY HIGHWAY 1 OTTERTAIL, MN 56571 JAMES H & SALLY ANN LEHR 42420 COUNTY HIGHWAY 1 OTTERTAIL, MN 56571 KRISTI TIMMER & RICH PUNDSACK 5865SUNNYBROOKLN MINNESTRISTA, MN 55364 LEVOS PRTNRSHP 3501 ELM ST FARGO, ND 58102 JUDY STEFFES 50395 FISH LAKE RD DETROIT LAKES, MN 56501 LYNN HOGHAUG ATTN RAMSEY NATIONAL BANK PO BOX 160 DEVILS LAKE, ND 58301 MARC A & SHIRLEY NOKKEN 305 49TH AVE SW MOORHEAD, MN 56560 LORRY EVINING LLC 208 FAIRWAY DR CASSELTON, ND 58012 OLE ROMMESMO JR 4401 MAIN AVE FARGO, ND 58103 MICHAEL & KRISTI SPINDLER 15233 82ND AVE N OSSEO, MN MARY K NELSON & RICHARD PERCY 1 GARNET DR TOPSHAM, ME 4086 PELICAN BEACH RESORT CLUB INC ATTN RODNEY WILSON 62 SLOPING HILLS CV GRAND FORKS, ND 58201 RAMSEY NATL BANK DEVILS LAKE PO BOX 160 DEVILS LAKE, ND 58301 RADTKE FAM LAKE PROP LLC 1184 EAGLE PARK DR S FARGO, ND 58104 TNS PROPERTIES LLC 702 13TH AVE E WEST FARGO, ND 58078 ROSEMARY BEHRINGER 4361 CORRAL RD E PHOENIX, AZ 85044 3 WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER f ^ & MARCH 1^^ 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 property/project (Tax Parcel # ), described in my dated Application // — Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). □ DATED 01-03-2011 Mbowman app &forms~ waiver 60 day rule May 3, 2012 Page # 3 Erling and Betty Opskar - Approved the requested variance as modified with a condition. (7:15 p.m.) Continued - May 3, 2012 meeting - After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 8’ from the required 20’ road right-of-way setback and a 2’ variance from the required 10' septic tank setback for the placement of a 20’ by 20’ car closed vehicle shelter 12’ from the road right-of-way and 8’ from the septic tank with the condition that no more than 30.5% of the total eligible lot area can be covered with impervious surfaces. It was noted that the granting of the variance as requested will provide the applicants with a reasonable use of their property and will provide the applicants with an opportunity to enjoy the same rights and privileges as others in this immediate area as there are many properties in this immediate area which have impervious surface coverage in excess of 25% and structures that are closer to the road right-of-way than the required 20' setback. The applicants must have the impervious surface coverage reduced to 30.5% on or before September 1, 2012. It was noted that the applicants have a difficult lot and they are doing the best they can with the lot. William E. Martinson - Tabled (7:23 p.m.) William E. Martinson, Lot 11 Tonseth Heights, Tonseth Lake in Friberg Township, requested the following: We are requesting a variance to do an expansion of the existing cabin which will include: a second story, a new roof, two additions, and a deck. Cabin is approximately 42’ from the ordinary high water level and eight feet from the lot line. The 12’ by 18’ existing portion will get a six foot extension and a new roof. The second expansion is a 28’ by 32’ 2- story addition attached to the 12’ by 18’ existing structure. The proposed project will not be any closer to the lake than the existing structure. We are also requesting a new garage located as follows: minimum required 20 foot setback from road right-of way and about 120 feet from ordinary high water level. April 5, 2012 meeting - The audience was polled with no one speaking for or against the variance as requested. An email from Linda Bowhall expressing concern with the variance as requested was read for the record. After discussion and consideration, Steve Schierer, with the verbal agreement of the applicants made a motion, seconded by Michael Harris and unanimously carried, to table the applicants’ request until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other possible alternatives that would substantially reduce the variance requested. May 3, 2012 meeting - The office received a letter from Mr. Martinson prior to the meeting requesting the tabling of his application until a future meeting date. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to table, as requested by the applicant, the variance hearing until the next scheduled meeting of the Board of Adjustment. Break (7:25 p.m. - 7:30 p.m.) ^^/dudy L. Steffes - Approved the requested variance as modified. (7:31 p.m.) Judy L. Steffes, Lot 2 Morningside Beach, Pelican Lake in Dunn Township, requested the following: Requesting variances as follows to add an attached garage and utility area. 1. Variance of 9' to place addition 1 ’ from lot line. Existing developments in this area do not meet setbacks due to property line misidentification in the past. 2A. Impervious surface variance of 13% to allow 38% coverage. Existing coverage is at 41.2%. Removal of existing coverage will reduce coverage by over 3%. 2B. Or apply to vacate old road and add 1200 square feet of lot size to property. Impervious surface coverage would then be reduced to 34%, requiring a 9% variance to impervious surface coverage. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Marion Gill and carried with Michael Harris voting no, to approve a variance of 5’ from the required side lot line setback of 10’ for the placement of the proposed development 5’ from the east side lot line at it closest point and to allow the applicant to include the non-vacated road area when making the impervious surface coverage calculation, which means that no more than 34% of the total modified eligible lot area can be covered with impervious surfaces after completion of the proposed development. The applicant’s proposed development will reduced the overall impervious surface coverage from 41.2% to 34%. It was noted that it is only practical to allow the applicant to use the non-vacated portion of the road when making the impervious surface calculation as all existing impervious materials will be removed from this area. roAH