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Home My WebLink About17000990821000_Variances_07-14-20161 1177251 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 07/19/2016 9:28 AMreceived JtiN 2 3 20S6 LAND & RESOURCE CDq CNJ-^oo FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: HCO • •X cz>l— 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 dva\M\v]o.^00 iwApplication Fee Receipt Number IcUU -Jbl- JrV:?COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date Ci»#«crA.c3c — DAYTIME PHONE -y \ \ -T_rV.TZ— \ V VPROPERTY OWNER MAILING ADDRESS X LAKE NUMBER LAKE NAME^t^^LAKE CLASS SECTION ^ ^>ARCEL NUMBER RANGE *4 TOWNSHIP NAMETOWNSHIP E-911 ADDRESSV-\^e>oo-<\C^ -Q<arg4..-ocrt^ 6-4=>vt~ LEGAL DESCRIPTION Ljcrc- TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. <fcj».vsrc ''^O ^v_DkL\^(cr v_vv^*c_ .X ' I vAjLa- *To •^*7<2-0*^OS-t ”^0 <L-0^'^-?:SX^SLjJLrEr- A- *2-* X L» ' OV 'v5>Q^L-O OtA—V O^UAwjL>- ''Xo ^ -t. iX>L-St—.X “z-Lpc? . 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. a ^ DA7EIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER 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 Richard Bailly - Approved the varianee application as requested. (9:22 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 31’ from the required ordinary high water level setback of 75’ for a replacement dwelling located 44’ from the ordinary high water level, a variance of 2’ from the required side lot line setback of 10’ for the construction of a 2’ by 6’ fireplace on the east side of the dwelling 8’ from the property line and to allow 297 square feet of impervious surface within the shore impact zone, which is 169 square feet than what currently exist and 37 square feet more than allowed. It was noted that the existing development is in need of repair. Hardship/practical difficulty is a substandard lot of record. Chairman/Otter Tail County feoard of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No _ihdR Official/Cfete lUCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Timothy Stoll - Denied. (8:57 p.m.) Continued Some of the individuals were interested in acquiring one of the proposed lots and others had concerns with the wetlands and how these new lots would be used. A letter from Sarah Duffy, Attorney for the Zelmer Family Trust is on file and available for public inspection. After consideration and discussion, Thomas Lee made a motion, seconded by Paul Larson and earned with Ward Uggerud voting no, to deny the variance as request as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and complying with the platting process would help assure that the proposed subdivisions will result in useable and buildable parcels as the Plamiing Commission during the platting process will review and consider infonnation that it typically not brought before the Board of Adjustment. ^ iRichai d Bailly - Approved the variance application as requested. (9:22 p.m.) Richard Bailly, Lot 46 of Pelican Lake Park, Pelican Lake in Dunn I’ownship, requested the following: Proposing to replace the existing dwelling being 44' from the ordinary high water level. Required setback is 75’. Proposed will be behind the existing building line. Proposing to construct a 2’ by 6’ fireplace on east side of dwelling being 8’ from property line. Proposing to reduce shore impact zone from 466 square feet to 297 square feet. Allowable is 260 square feet. 1. 2. 3. J. D. Larson represented the applicant at the public hearing. 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 Thomas Lee and unanimously carried, to approve a variance of 3 L from the required ordinaiy high water level setback of 75’ for a replacement dwelling located 44’ from the ordinary high water level, a variance of 2’ from the required side lot line setback of 10’ for the construction of a 2’ by 6’ fireplace on the east side of the dw'elling 8’ from the property line and to allow 297 square feet of impervious surface within the shore impact zone, which is 169 square feet than what cuirently exist and 37 square feet more than allowed. It was noted that the existing development is in need of repair. Hardship/practical difficulty is a substandard lot of record. Peterson Family Cabin LLC - Tabled. Peterson Family Cabin LLC, Southeast Flalf of Lot 9 and Northerly 15’ of Lot 8, Rosenquist Beach and part of Government Lots 3 and 4 and part of the Southwest Quarter of the Northwest Quarter, Section 15 of Eagle Lake Township by Eagle Lake requested the following: Peterson Family Cabin LLC requests their lakeshore tract on the southwest side of Eagle Lake being part of Lot 8 and 9 and the vacated road behind Rosenquist Beach identified as Parcel No. 18000990294000 and being 0.23 of an acre more or less, be separated from their back land property, identified as Parcel No. 18000150099000 and being 5.05 acres, so they can subdivide the back land property into 3 tracts as indicated on Anderson Land Surveying Certificate ofSuiweyNo. 7995. July 14, 2016Page I 6 Notice of Hearing for Variance 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.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: J. D. Larson 22386 Senns Beach Drive Detroit Lakes, MN 56501 Richard Bailly 2115 Sterling Rose Ln S. Fargo, ND 58104-6807 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, July 14, 2016 at 7:30 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 46 of Pelican Lake Park, Property Address - 22476 Senns Beach Drive - 56501 Section 5, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - the following: 1. Proposing to replace the existing dwelling being 44’ from the ordinary high water level. Required setback is 75’. Proposed will be behind the existing building line. 2. Proposing to construct a 2’ by 6’ fireplace on east side of dwelling being 8’ from property line. 3. Proposing to reduce shore impact zone from 466 square feet to 297 square feet. Allowable is 260 square feet. "Wayne Stein Board of Adjustment Secretary June 24, 2016 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 28th, day of June, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: J. D. Larson, 22386 Senns Beach Drive, Detroit Lakes, MN 56501 Michael Johnson, Twp Clerk of Dunn, 47979 E Lake Lizzie Rd, Pelican Rapids, MN 56572 Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 Richard C Bailly, 2115 Sterling Rose LN S, Fargo, ND 58104 6807 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richar 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: 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 Darren M Newville, 614 6*^ St NE, Perham, MN 56573 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: June 28, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud TOM J BARRY ETAL ATTN LYNNE BARRY 7020 HUNTERS RD NAPLES, FL 34109 562 RICHARD C*BAILLY 2115 STERLING ROSE LN S FARGO, ND 58104 6807 LYNNE BARRY 7020 HUNTERS RD NAPLES, FL 34109 562 RODMAN A & JUDY J EINERSON 22490 SENNS BEACH DR DETROITLAKES,MN 565019467 JANE E BERRA 14565 COBALT AVE ROSEMOUNT, MN 55068 1779 DAWSON FAMILY LK PROPERTY LLC PO BOX 1958 FARGO, ND 58107 1958 FREEMAN TST 11100 SANTA MONICA BLVD STE 1900 LOS ANGELES, CA 90025 3393 RUSSELL & SARAH FREEMAN 22438 SENNS BEACH DR DETROIT LAKES, MN 565019467 MARK S & ELIZABETH JACKSON 3120 25THSTS#382Z FARGO, ND 58103 6164 JEFFREY & REBECCA LEDOUX 2949 PETERSON PKWY FARGO, ND 58102 1752 TERYL ANN BAILLY LAWSON 964 COLUMBINE STS DENVER, CO 80209 4727 JAMES D LARSON 22386 SENNS BEACH DR DETROIT LAKES, MN 56501 9467 ALLAN LUISTRO & MARY ENGLISH 22512 SENNS BEACH DR DETROIT LAKES, MN 56501 9467 EILEEN R& STEVE DSCHEEL 3900 RIVER OAK CIR MOORHEAD, MN 56560 5611 KRISTEN SCHEEL 51454 225TH AVE DETROIT LAKES, MN 56501 9469 KRISTEN SCHEEL & S ASKEROOTH 51454 225TH AVE DETROIT LAKES, MN 56501 0 STEVE D & EILEEN SCHEEL 3900 RIVER OAK CIR MOORHEAD, MN 56560 5611 WILLIAM A SCHLOSSMAN JR 218 NP AVE FARGO, ND 58102 4834 THE WOODS ATTN ROBERT C DAWSON PO BOX 1958 FARGO, ND 58107 1958 SWEENEY TST 26 LAVIEVE LN E TEMPE, AZ 85284 3131 J.D. Larson 22386 Senns Beach Drive Detroit Lakes, MN 56501 f< ^ hV^’V IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. \-z_Lot Area (ft^): Other Impervious SurfaceBuildings Existing Proposed Existing Proposed»)/Ft^Ft^ Ft^ Ft^ J?5Ca Im \P^ ^To b( NZ^VcODwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) ijO n7-oWOASDriveway(s) RCU Parking Area(s) 30MiscellaneousRetaining Wall(s) 2?^ \Landscaping (Plastic Barrier) Co'T' :i5Miscellaneous tioeJC- STfcV^ '610,l■Z6.aTOTAL BUILDINGS TOTAL OTHER % Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Total Buildings Ft 18 so /b' a ‘’So11(^0 b-lSo*\I2,UQ 1 =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 O'ln1318n,?,ob 100+-r X zz Impervious Surface Calculation Worksheet 04-11-2016 uV-Aq*z_j3*yo- ZD°)c.Signature:Date J.D. Larson Owner/Operator J.D.’s Lake Services, LLC “Exclusively Servicing &'Located on Pelican Lake” 22386 Senns Beach Drive Detroit Lakes,-MN 56501 218-841-2722 • Fax 218-532-5700 JDL616@yahoo.com ■Licensed & Insured • Property Maintenance & Management' • Lawn & Garden Maintenance • Construction & Construction Management • Housekeeping • Snow removal • Security 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. 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. Def # 76. Shore impact Zone (SIZ): m Existing Ft^Proposed Ft^ 2.H0 Cc>\J'CrPif Porci) /r ^ ■SSa Building(s) 1^1DDeck(s) Patio(s) ISidewalk(s) Landing(s)IDriveway(s) Parking Area(s)iVG^Retaining Wall(s)D Landscaping (Plastic Barrier)■"v St?"Miscellaneous m 2-iTOTAL m mTotal Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft^Ft^ Maximum Allowable 260 FPi|\UU H M Impervious Surface Calculation SIZ 04-11-2016 2kSignature:.Date: