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17000990883000_Variances_10-01-2009
& file memo PARCEL #PROPERTY OWNER 6^ - l^(a filHocLyx)LAKE/RIVER/WETLAND NAME yyuwu^ S ‘lohlbtDate L&R Official ' ' Q^AAmJ fe A4Aj-dJ^Action/Com ments. QhjyQj^JriLjr kjt^: a 6/P.)y^yy/J \j)hjtjy\L £ V t/ diMjjMMdj iC6 aJL£i4t4t?) VP- 'A) 'tMrJj jA/inUjt nMd^ ^ /^6ytd.z/7z/u^ duidju6Pd iuh /Ptau hj td 6^ /L/l6zPhw. • _____________1 L&R OfficialDate A.Action/Comments I'^y U ^ i I ^ vl/7 Axrx^Ave.^ 'lar^ .j^if ^Ag 4\V(^. \h£j ^^‘-V y\J \AJLA0 (^\ADrY^-:?f ^ (py^Qi^Tf'^r^. Uj 6, m.i iwiig—ai\Lv\W.\ji.M k(^n.^(S "\^ (X ^PcdlC^ ^)VU C\/i4t44.&R Official ('^fy 11^ \\2^A 'Th ■pP\^y i/'l 'XC\y }Xf \9^ (li\i\UA Wi ^V.luuj iLKli^(L\UlJ vfiXiA ^ g ^yPl\Aj \b aJ_I^=^p<fcDXh4: Tnir- £\i icXLJiJ) oP i\m miuaxv'U gy \v, cXih(>/ -b loJ/f -jlA^Date [x'fy ,Action/Comments. ‘ 4 L&R OfficialDate Action/Comments.i L&R OfficialDate Action/Comments. L&R OfficialDate. Action/Comments. L&R OfficialDate Action/Comments. r ipioi-zooSf OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that - w> -> o trthis instrument # 10bf>38^ was filed/recorded in this office for record on the —day of ^ T\ ^ 2QQ^ at 11'It? etcalf, Coun^ecc^derM$t^Y'\i2S5^:^b6puty 1066385 Wendy t. by;,OJc^ fecording fee / ^ well certified 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 ^ -5 70 OO_____ Receipt Number Accepted By / Date 701-238-9196 (cell) DAYTIME PHONE 218-532-3957 COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER Richard and Linda Jeffries MAILING ADDRESS 51161 Pelican Point T.ane. Detroit Lakes. MN 56501 LAKE CLASS GOPelican Lake786LAKE NUMBER LAKE NAME SECTION 4 TOWNSHIP 137 RANGE 42 TOWNSHIP NAME Dunn 51161 Pelican Point -Lane Detroit Lakes, MN 56501 PARCEL NUMBER E-911 ADDRESS17000990883000 pjjLLiAMj PnfcbLEGAL DESCRIPTION SWLY PT LOT 42 BLK 1 EX TR IN NE CR LOT 43 BLK 1 AND LOTS 44-46 BLK 1 AND VAC. ALLEY ADJ. TYPE OF VARIANCE REQUESTED (Please Check) structure Setback X 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. Proposed addition sits within 57 feet of water's edge instead of setting back the required 75 feet. Please see attached statement and drawings. Ctf TI'<jttdHC -e C> ^-----> ^ \/^p 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. %I 'L- SIGNATUREQF PROPERTY.OWNER / AGENT bWNE DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) LU't ciT'e <zLso r'e ^ uq)r/(zi4c^ far Jrafu ysfefff- frovi/i Offioi loiH C UKrevcJ^r-efKjre^urs^!^ a,f ^C> /€*€y i^af' ^ t/4r ^ ^ ^eef^ <x /}:-A>I?e*i /_____/i)P(^o9Date Of Hearing Time ? \> /Motion R chard and Linda Jeffries - Approved the building setback request and tabled the septic system request. (7:02 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 18’ from the required ordinary high water level setback of 75' for the placement of an addition, as described in the variance application and as depicted on the drawing submitted with the application, 57’ from the ordinary high water level and to tiible action on the septic drain field request for the purpose of allowing the applicants an opportunity to consider other locations end alternatives or to provide a statement from an installer indicating why the proposed location is the best or only location eivailable. Hardship is the unique shape of the applicants’ property. // irman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Richard and Linda Jeffries - Withdrawn ■ November 5, 2009 Meeting - Prior to the November 5*^ meeting the applicants submitted a letter withdrawing from consideration ■ the previously tabled portion of their application. /llinjn^ 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 I ■■ oBHIn \ 2 \CERTIFICATE OF SURVEY75’ wide perpetual in and egress easemen o \gre.ss 'S.>. \\m PELICAN POINT AREAO \I ■ \SECTION 4-137-42\■< OTTER TAIL COUNTY, MINNESOTAr,'n ■t) \V-£ \-V 03 \c:/x-,.a?Northwesterly corner of Lot 39, Block One.1J>:r PELICAN PONT \ / /f\j r.' Northwesterly comer Block One,Note: See Roy A. Smith Certificate of Surveyof Lot it.TJ692—12R dated November 9, 1990, forPOJCAN POINTDedicated Public Road (Vacated os per Book P of Judgments, page 239) driveway easement data from Lot 38 northerly and westerly to Pelican Point Drive. \\\\\Northeasterly comer of Lot 2, Block Two, PEUCAN POINT\\\\\\\ii1\V'\V' i \ 1 1 /•»j45 i \\BLOCK 7W0 \\\ \\\\\\\\\ \Point on easterly line of Lot 2, Block Two, PELICAN PaNT LEGEND • — Denotes iron monuments found. O * Denotes iron monuments set marked with Mmnesota License No. 12004/46558. — Denotes landscape light with concrete base. 30*0*60’ Orientation of bearing system is assumed. Graphic Scale Scale: 1 Inch ^ 30 feet / hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that i am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Print Name: ,6^ © MEADOWLAND SURVEYING, INC.COMP FILE:04JEFFRIES Signature OWNER NAME:04JEFFRIESCRD FILE:o.-81118 HWY 59 SOUTH. DETROIT LAKES, MN 56501 OFFICE: 218-847-4289 •5 hjov. Z-OQ& License # (1-oe^Date:Dick Jeffries 7175 Camelback Road E. Unit 704 Scottsdale, AZ 85257-7683 £04Jeffries_cosDWG FILE:VFAX: 218-846-1945 EMAIL: frontdeskOmeadowlandsurveying. com www.meadowlandsurveying.com COMP BY:JDA T7769-15DRAWING NUMBER: DRAWN BY:PJB .•n’ FV^RC^O- PiD .SB.1. ■Richard & Linda Jeffries 51161 Pelican Point Lane Detroit Lakes, MN 56501 t 2^ T . JS>J' of Sec/v)^ O ffer 7~otiL Couvif/ Q> 0\JpyKPiyi^K^ (^(A^ 5'/0 /^/> /^i/p.oOe^f^ Li.i..ii...i.K..n.l..!lHlii!!lillili!!li!n!!l!liiiii^t^ g ^ ^ r- >6537-5-1344 LAND RESTRICTED FROM USE BY BUILDING SETBACK REQUIREMENTS BUILDABLEAREA of ■^>jkf{3)Src\wtJ\p iV i'hit 5 f^^fqreP Ju^j-)U£2 j<^) lA^ Lq PROPERTY LINE DUE TO 75-FOOT SETBACKS FROM THE WATER AND 10-FOOT SETBACKS FROM ADJACENT LOTS, THE BUILDABLE AREA OF THE 41,000 SQ-FT LOT IS REDUCED TO 5,432 SO FT (13.2%). BUILDABLEAREA1SCALE: 1:408.22 Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09 Justine M. Kingham, AIA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com 3,090 SQ FT EXISTING HOUSE 519 SQ FT EXISTING PATIO 1,352 SOFT EXISTING WOOD DECK EXISTING WALKS AND PAVERS240 SQ FT 2,287 SQ FT EXISTING CONCRETE PARKING & DRIVEWAY 835 SQ FT EXISTING ALLEY Concrete walkway 146 sqft / / 44W25^fl Wboa V*D^K 41,000 Sq, Ft., more or less v\^ Concrete tiles 2 sq ft ea.Light O 45 Edge of Pelican Lake// Concrete walkway 94 sq ft Lighto;o ‘P'-aif^g 46farces ‘»05i Light FOR ORIENTATION PURPOSES, THE PLAN ALSO SHOWS THE OUTLINE OF THE PROPOSED NEW ADDITIONS BEYOND THE SCREEN OF THE EXISTING HOUSE. THE NEW BAY IS BUILT MOSTLY OVER THE CURRENTLY PAVED CONCRETE PARKING PAD OR DRIVEWAY. Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09SITE PLAN OF EXISTING CONDITIONS SCALE: r =30' Justine M. Kingham, AlA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com KEY 3,090 SQ FT EXISTING HOUSE 519 SOFT EXISTING PATIO 11 1,352 SQ FT EXISTING WOOD DECK A 240 SQ FT EXISTING WALKS AND PAVERS NEW PAVERS Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09PROPOSED SITE PLAN SCALE: r =30' Justine M. Kingham, AlA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com E)^ClftE,!/ iROo; /\BATH ’\/EXISTING ROOF /\\/\//\LAYROOM /r \ \ / EXI^lKlG^qpF ^ / \; k'\//\\//\/\\ / SECOND FLOOR PLAN SCALE: 1/16"= I'-O" NEW STAIRS NEW POWDER ROOM SCREEN SHOWS EXTENT OF EXISTING HOUSEr.’r.’.'. • !•!■ ■ eebifiOOM REPPSIT;IQNE£J 4/:D0St:iN;PLAC:E: 1(::0F:F.0RMER ':::MAS^eR:BeCROOW/A^^ /XfTCHEN NEW MASTER BEDROOMFIRST FLOOR ADDITION GARAGE ADDITION: 114SQFT HOUSE ADDITION: 518 SO FT SECOND FLOOR ADDITION 1,089 SO FT UVmiG/DlNING- 1,721 SO FT Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09FIRST FLOOR PLAN SCALE; 1/16"= 1'-0" Justine M. Kingham, AIA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com [I !■ :fflir 1 r j:f A.;I -< ■t -v I!l«■ 4 -;i W' 'y?i >!£>^!. f •?ii SOUTH VIEW SCALE: 1/64"= 1'-0" Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09 Justine M. Kingham, AIA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com I Ii!I' HUM t i; 1 '-9'rf?^I,t',I\Uii> ' 1* ' i iMju ;rttf J[3l ns"»' r :lltta; !«1;l|Ki L__Jf'[®i ,0 dOD Cl3»'«-s:»weinil iLLL? n rrV' 'L irKS;r "1[li I • y [f-1fpi::j:-'-"Tt 1 p:;:,:!iI ■-_r-,JH; ^=-- -*—. ~-■-7:T.JOr.' n-i WEST VIEW SCALE; V.862.90 Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09 Justine M. KiNGHAM, AIA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com sI I EAST VIEW SCALE; 1/64"= 1’-0" Proposed Addition to Richard and Linda Jeffries Residence 51161 Pelican Point Lane, Detroit Lakes, MN 56501 9/10/09 Justine M. KiNGHAM. AlA 4821 Dexter Street, NW Washington, DC 20007 202-625-1258 JMKingham@AOL.com www.justinekingham.com r October 12,2009 GCT 1 4^009Richard and Linda Jeffries 51161 Pelican Point Lane Detroit Lakes, MN 56501 'Jl ItK iAILUU. AUUliyK FERGUS PALLS, MN Mr. Wayne Stein Board of Adjustment Secretary Otter Tail County Government Services Center 510 Fir Ave. West Fergus Falls, MN 56537 Mr. Randall L. Mann 532 Ann Street North Fergus Falls, MN 56537-1721 Re: Tabled application for septic system variance/Pelican Point, Pelican Lake, Otter Tail County Dunn- Section 4, Pelican (56-786) Gentlemen: This is to advise you that we wish to withdraw our application for a variance for a septic system previously heard and tabled at the last meeting on October 1,2009. We have had discussions with Scott Ellingson and our septic installer and believe that we will be able to locate a legal system that can be certified without the necessity of a variance. This matter can be removed from the meeting agenda on November 5. Thank you for your attention to this matter and your constructive, positive thoughts expressed at the October 1 meeting. Very^uly yours. Richara and Lind^effriK November 5, 2009 Page # 4 Harold B. and Wanda J. Holt - Approved Option No. 1 as requested with a condition. (8:20 p.m.) Harold B. and Wanda J. Holt, Lot 7 Crystal Hills First Addition, Lake Crystal In Lida Township, requested the following: Option 1 - a variance of 10' from the required ordinary high water level setback of 100’ for the placement of a structure 90’ from the ordinary high water level or Option 2 - a variance of 10' from the required road right-of-way setback of 20’ for the placement of a structure 10’ from the road right-of-way. 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 a variance of 10’ from the required ordinary high water level setback of 100’ for the placement of a structure 90' from the ordinary high water level with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It was noted that the variance as approved will provide the applicants with a reasonable use of their property. Gerald and Julie Aman - Approved the variance application as modified. (8:25 p.m.) Gerald and Julie Aman, part of Government Lot 4, Section 13 of Rush Lake Township by Rush Lake, requested a variance of 29’ from the required side lot line setback of 40’ for the replacement of an existing boathouse/storage shed with a 10’ by 22’ 9” structure 1T from the side lot line. October 1, 2009 Meeting - The audience was polled with no one speaking for or against the variance as requested. Prior to the scheduled hearing the applicants submitted a letter requesting that their variance application be tabled until the November 5, 2009 meeting of the Board of Adjustment. After discussion and consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to table this hearing until the November 5, 2009 Board of Adjustment meeting as requested by the applicant. November 5, 2009 Meeting - After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to approve the placement of a 10’ by 22’ 9” shed no closer than 20’ from the ordinary high water level and at least 25' from the side lot lines. Timothy and Kathleen Deal - Approved the variance application as requested. (8:37 p.m.) Timothy and Kathleen Deal, Lot 11 North Point Beach, West Battle Lake In Girard Township, requested the following: Request to rebuild in the same footprint - the 9’ by 13’ portion of the home which extends out in front of the building line 9’. The proposed replacement project will be approximately 60’ back from the ordinary high water level. Requesting a 15’ variance from required 75’ ordinary high water level setback. The proposed replacement will be in the same footprint. The pitch of the roof was 4/12 and will be replaced by a 10/12 roof pitch. The impervious surface coverage will not exceed 25%. Have removed a shed, will be removing a portion of the driveway and sidewalk to maintain property compliance. Katrina Waas, Attorney appeared with the applicants. The audience was polled with Rich Osman, Russell Langseth, Larry Loll and Kelly Wegscheld speaking for the variance as requested. Letters from Kim and Sally Beisser, Rich and lla Osman, Russell and Doris Langseth and Jerome Teske in support of the variance as requested were read for the record. A letter signed by numerous members of the North Point neighborhood of West Battle Lake in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the variance as stated in the application dated October 15, 2009 and as depicted on the drawing submitted with the variance application. It was noted that this variance had already been approved and that the only different from the previous approval is the adoption of the proper wording. ichard and Linda Jeffries - Withdrawn Richard and Linda Jeffries, part of Lots 42 and 43 and all of Lots 44 through 46 Blocki Pelican Point, Pelican Lake in Dunn Township, requested a variance of 18’ from the required ordinary high water level setback of 75’ for the placement of an addition 57’ from the ordinary high water level and a variance of 7’ from the required ordinary high water level setback of 50' for the installation of a septic drain field 43’ from the ordinary high water level. October 1, 2009 Meeting - Justine Kingham, AIA, appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. It was noted that the proposed septic drain field would be setback 45’ from the ordinary high water level instead of the 43’ as stated in the application. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 18’ from the required ordinary high water level setback of 75’ for the placement of an addition, as described in the variance application and as depicted on the drawing submitted with the application, 57’ from the ordinary high water level and to table action on the septic drain field request for the purpose of allowing the applicants an opportunity to consider other locations and alternatives or to provide a statement from an installer indicating why the proposed location is the best or only location available. Hardship is the unique shape of the applicants’ property. November 5, 2009 Meeting - Prior to the November 5"^ meeting the applicants submitted a letter withdrawing from consideration the previously tabled portion of their application. October 1,2009 Page # 3 Virginia Adams - Approved the proposed subdivision with a condition. (6:50 p.m.) Virginia Adams, part of Government Lot 1, Section 25 of Everts Township by West Battle and Molly Stark Lakes, requested the following: Virginia Adams would like to subdivide her property into 3 parcels, one for each of her 3 children. She is asking the Otter Tail County Board of Adjustmenu to waive the platting requirement as she does not have ownership or control over the 33 foot wide roadway commonly known as Rokmar Road and Rokmar Trail. Ownership of the lands under Rokmar Trail appear to lie in Timothy Olson while the ownership of the lands under Rokmar Road are unknown at this time, and may still He with the original owner of Gov't Lot 1 prior to all of the subsequent tract conveyances. Platting requires a 66 foot wide dedicated road corridor and the existing roadway and ditches to be built up to the minimum road standards of Appendix 3 of the Otter Tail County subdivision ordinance. The existing roadway has adequately served for years as an ingress and egress access to the many properties along West Battle Lake. Any plans for the widening of the roadway, ditch work and the destruction of trees and natural vegetation would be met with strong opposition. The majority of her property falls within 1000 feet of both Moify Stark Lake and West Battle lake. Virginia is asking the Otter Tall County Board of Adjustments to waive the tract area and width requirements as applied from Molly Stark lake over proposed Parcels A and B. These two proposed parcels would meet the tract area requirements as applied from West Battle Lake and would fall only 11 feet short of the width requirements. Proposed Parcel C, with the permanent attachment of proposed Parcel C-1, would exceed the tract size and width requirements as applied from Molly Stark Lake. Required size of non-riparian lands falling within 1000’ of Molly Stark Lake is 400’ of width and 5 acres of area. Required size of non-riparian lands falling within 1000’ of West Battle Lake is 200’ of width and 5 acres of area. September 3, 2009 Meeting - William Adams appeared with the applicant at the public hearing. The audience was polled with Richard Miller speaking in support of the request and with the applicant’s son expressing his concerns. A letter from James S. Donelan expressing concerns was read for the record. Letters from Tim Olson and Robert and Norma Lee in support of the variance as requested were read for the record. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to table, with the applicant's verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other alternatives. For example - purchasing additional property. October 1, 2009 Meeting - After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and carried with Leona Zimmerman abstaining, to approve the proposed subdivision as depicted on the surveyor's sketch submitted by the applicant at the October 1,2009 meeting with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Richard and Linda Jeffries - Approved the building setback request and tabled the septic system request. (7:02 p.m.) Richard and Linda Jeffries, part of Lots 42 and 43 and all of Lots 44 through 46 Blocki Pelican Point, Pelican Lake in Dunn Township, requested a variance of 18’ from the required ordinary high water level setback of 75’ for the placement of an addition 57’ from the ordinary high water level and a variance of 7’ from the required ordinary high water level setback of 50' for the installation of a septic drain field 43’ from the ordinary high water level. Justine Kingham, AIA, appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. It was noted that the proposed septic drain field would be setback 45’ from the ordinary high water level instead of the 43' as stated in the application. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 18' from the required ordinary high water level setback of 75’ for the placement of an addition, as described in the variance application and as depicted on the drawing submitted with the application, 57’ from the ordinary high water level and to table action on the septic drain field request for the purpose of allowing the applicants an opportunity to consider other locations and alternatives or to provide a statement from an installer indicating why the proposed location is the best or only location available. Hardship is the unique shape of the applicants’ property. Pauline and Mark Andersen - Approved the variance application as requested with a condition. (7:15 p.m.) Pauline and Mark Andersen, part of Sub Lot A of Government Lot 9, Section 3 of Hobart Township by Wimer Lake, requested the following: In order to extend the eave 4’ to cover the deck in front of my main entry way, I need a variance of 3’ from the 50’ shore impact zone and a variance of 58’ from the 100’ ordinary high water level for changes to existing dwelling. This proposed project includes replacing the existing siding, roofing, and deck, adding an up stairs dormer (to add ceiling height) and extending the eave 4' along the east side of the house (to cover the deck and main entrance). The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve the variance as described in the variance application dated September 9, 2009 and as depicted in the drawings submitted with the application with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. Notice of Hearing for Variance Otter Taii 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 Appiicant and/or applicant’s representative must be present at the scheduied hearing. To Whom It May Concern; Richard and Linda Jeffries 51161 Pelican Point Lane Detroit Lakes, MN 56501 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 Thursday, October 1, 2009 at 7:00 p.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 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 Lots 42 and 43 and all of Lots 44 through 46, Block 1 Pelican Point, Property Address - 51161 Pelican Point Lane Section 4, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - a variance of 18' from the required ordinary, high water level setback of 75' fpr the placement of an addition 57’ from the ordinary high water level and a variance of 7’ from the required ordinary high water level setback of 50’ for the installation of a septic drain field 43’ from the ordinary high water level. 'Wc^ne Stein Board of Adjustment Secretary Date: September 11, 2009 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 11th, day of September, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/br included in the attachment: Richard and Linda Jeffries, 51161 Pelican Point Lane, Detroit Lakes, MN 56501 Richard & Linda R Jeffreis, 7175 Camelback Rd E Unit 704, Scottsdale, AZ 85251 1683 Judy Sumpter, Twp Clerk of Dunn, PO Box 719, Pelican Rapids, Mn 56572 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 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, Richville, MN 56576-9672 Leona Zimmerman, 418 E 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: September 11th, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud DOUGLAS J & BARBARA K BURGUM 10TALLGRASS TRL HORACE ND 58047 9548 BRADLEY & JULIE BURGUM KATHY SMITH & TOM GASH 4960 FULTON ST S ENGLEWOOD CO 80111 3616PO BOX 886 CASSELTONND 58012 0886 THOMAS GASH & KATHLEEN D SMITH 4960 FULTON ST S ENGLEWOOD CO 80111 3616 BRENT GRUNEWALD 506 6TH ST W ADAMN 56510 1025 RICHARD & LINDA R JEFFRIES 7175 CAMELBACK RD E UNIT 704 SCOTTSDALE AZ 85251 1683 HERMAN & LENORA LEE TSTS BOX 37 BORUPMN 56519 0037 DARROL G SCHROEDER 3311 PRAIRIEWOOD DR W FARGO ND 58103 4666 MILTON & E LARSON PARTNERSHIP ATTN JUDITH M TRIEBWASSER 4444 CARRIE ROSE LN FARGO ND 58104 6818 CAROL SPICHKE TST 2501 30TH AVE SW APT 203 FARGO ND 58103 6128 JAMES P SWEENEY 1744 8TH STS FARGO ND 58103 4901 DARROL G & DONNA SCHROEDER 3311 PRAIRIEWOOD DR W FARGO ND 58103 4666 HORACE T WHITMAN ET AL TRUSTEE 280 PEACH TREE AVE VACAVILLE CA 95688 4443 WHITMAN FAMILY TST ATTN HORACE WHITMAN ET AL TST 280 PEACH TREE AVE VACAVILLE CA 95688 4443 TRAYNOR FAMILY LTD PARNERSHIP 2608 11TH ST S FARGO ND 58103 6006 V Richard and Linda Jeffries 51161 Pelican Point Lane Detroit Lakes, Minnesota 56501 September 21, 2009 Re: Variance request/Pelican Lake/Hearing October 1, 2009 7:00 p.m. Mr. William Kalar Land and Resource Management County of Otter Tail Government Services Center 540 West Fir Fergus Falls, MN 56537 Dear Mr. Kalar: To supplement our variance application, I am enclosing copy of letter dated September 11, 2009 from Mr. Jonathan Anderson at Meadowland Surveying. You will note that the proposed drainfield as staked by Meadowland is actually located 45 feet from both edges of the water, not 43 feet as shown on Hough, Inc.'s sketch previously submitted-a 5 feet variance rather than a 7 feet variance. Enclosed are 6 extra copies of this letter and the September 11, 2009 Meadowland Surveying letter for Board of Adjustment members. uly yoqrs.Ve ichard N^leffries Lrfida R. Jeffries / Hr\.< ^ Vo vjlc^V\3- Ao “S-c-e w^>s I <) O-c D.B.A. Roy A. Smith and Associates Office of the County Surveyor for Becker County 1118 Hwy 59 South, Detroit Lakes, Minnesota 56501 (office) 218-847-4289 (fax) 218-846-1945 wvvw.meadowlandsui'veving.com September 11,2009 Dick Jeffries, 7175 Camelback Road E Unit 704 Scottsdale, AZ 85251-1683 Dear Dick, Pursuant to your request, we have staked the location of a proposed drainfield and an addition to your house on your property on Pelican Lake. This property is part of the plat of PELICAN POINT located in Section 4-137-42 in Otter Tail County, Minnesota. I understand that the purpose of this staking is for the County to review the proposed locations in consideration of giving you a variance for the construction. We staked the drainfield based on the .pdf sketch you emailed us. Whereas the sketch showed the drainfield 20 feet from the house and 43 feet from both edges of the water, it actually measured about 22 feet from the house and 45 feet from both edges of the water. We staked the house addition based on an electronic AutoCAD drawing file from your architect, Justine Kingham. At Justine’s directive, we also measured the peak of the roof of the easterly octagonal portion of the house to be 22.2 feet higher than the floor. At each of our staking positions for the drainfield and house addition we set a wood lath with orange flagging. The exception is that where the house addition comers fell in your concrete driveway we chiseled a dimple in the concrete and painted it orange. Also according to your request, we set wood laths with orange flagging beside the survey markers on your property lines as shown on Meadowland Surveying Certificate of Survey T7769-15 which we prepared for you last year. Enclosed is a statement for professional services. If you have any questions regarding this work, please feel free to contact our office. Thank you for the opportunity to provide our services. Sincerely, Jonathan D. Anderson Enclosures Surveying the Lakes Area Since 1946 Richard and Linda Jeffries 51161 Pelican Point Lane Detroit Lakes, MN 56501 (701-238-3380) (218-532-3957) September 8, 2009 Mr. William Kalar Land and Resource Management County of Otter Tail Government Services Center 540 West Fir Fergus Falls, MN 56537 Re: Request for Variance/Jeffries/ Pelican Lake Dear Mr. Kalar: Enclosed please find our check in the sum of $370.00. Also, enclosed please find original and six (6) copies of the following: 1. Application for Variance dated and signed. 2. Request for Variance to Building Setback Requirements. 3. Impervious Surface Calculation Worksheet. 4. Minimum Shoreland Ordinance Standards for Pelican Lake (GD) with Standard and Condition at Property. 5. Drawings 1 through 8 consisting of seven (7) pages. 6. Certificate of Survey. 7. Nineteen (19) colored photographs. 8. 2009 Property Tax Statement for the property in question. 9. Hough, Inc. Onsite Sewage Treatment System drawing. If there are any questions or if further information is needed, please contact us. We will plan to be at the next scheduled hearing. Thank you. ruly yo^rs. Richard Request for Variance to Building Setback Requirements Richard and Linda Jeffries 51161 Pelican Point Lane, Detroit Lakes, MN Pelican Lake, Lake Classification: GD DESCRIPTION Richard and Linda Jeffries respectfully request a variance to the Southern setback requirement of 75 feet in order to build an addition to their house 57 feet from the water. This addition would still be further from the water than other parts of the existing house. It will extend the house to the West by 4 feet. The existing house is built on a point of land in Pelican Lake, and was erected before the current requirement for 75-foot setbacks from water was adopted. As a result, parts of the existing structure sit 54 feet from the East shore and 50 feet from the South shore. Most of the lot perimeter is waterfront, and the land has many trees. (See Photos #1-6) There is one neighboring house to the North, the East face of which aligns roughly with the East face of the Jeffries’s house. (See Photo #7) The neighboring house to the West sits closer to the South shore of the lake than does the applicant’s house. It is approximately 40 feet from the lakeshore to the deck and approximately 50 feet from the lakeshore to the house. (See Photos #8 -10) The views of both neighbors should remain virtually unchanged, due to the heavy planting of mature trees along the shared property lines. IMPROVE VIEW FROM WATER The addition would reorient the 3-car garage, which presently faces the lake. In its new location, the garage would be heavily screened from view. The owners plan to relocate the master bedroom in a bay that further obscures the garage and reduces the apparent length and bulk of the house. A powder room and stairs fill in the comer of the former garage. A second story is positioned over the new master bedroom to provide a guest room, bath and play room. Because of the high visibility of this particular land and cottage, the owners are concerned to respect the sculptural qualities of the existing house. The house takes the form of a long, narrow, low rectangle terminated by a gazebo, and is built as far North on the lot as feasible. The proposed second story is therefore kept as low as possible and repeats the geometry of the gazebo. It is only eight feet taller than the existing gazebo roof, and would produce a total building height of less than 24 feet. The addition sets back from the original gazebo in order not to hover over the shorter structure. The second story is in keeping with the character of other nearby two-story cottages 51306 Pelican Point Drive, 51348 Pelican Point Drive, 51432 Pelican Point Drive, 51442 Pelican Point Drive, 51458 Pelican Point Drive. (See Photos #11 - 15) LOT CONTRAINTS There is a practical difficulty in building on the lot, because the required side lots and 75-foot setbacks from the waterline on both sides overlap; this reduces the buildable area to 5,432 square feet, 13.2% of the total property area of 41,000 square feet (See Drawing 1). This is less than the 8,400 square feet of minimum buildable area established by the Shoreland Management Ordinance, yet the property is nearly one acre—more than twice the size required for a single family residential lot on a General Development Lake. INCREASED VEGETATIVE COVER The 2,287 square foot concrete parking pad between the house and the South shore of the lake would be demolished, and the bedroom addition would be built over only 518 square feet of the same area. The alley leading to the parking pad would be reduced by 251 square feet, increasing the total vegetative ground area by 2,538 square feet. (See Photos #16 —19) ; UPGRADED SEPTIC SYSTEM i (As part of the renovation, the owners plan to replace.their septic system . The current system provides for a three bedroom, three bath house. TTie septic design system from Hough, Inc. contemplates two 1500 gallon septic tanks. DRAWINGS The attached drawings illustrate existing conditions (Dwg. 2), the proposed site plan (Dwg. 3), Floor Plans (Dwgs. 4, 5) and axonometric perspectives (Dwgs. 6, 7, 8). Photos of the existing property, a survey and septic design complete the submittal; ■ 'i ! ■ • • ■ : N IMPERVIOUS SURFACE CALCULATtON WORKSHEET: List of Onsite (Existing and ProposecH Impervious Surfaces (must be shown on scale drawing: Structure; 3,090 sq ft 518 sq ft 114 sq ft Existing House House Addition Garage Addition 3,722 sq ftStructure Total: Decks: 1,325 sq ft 27 soft Existing House Deck Existing Yard Deck 1,352 sqftDeck Total: Driveways: 584 sq ft 916 so ft Reduced Alley New Driveway 1,500 sqftDriveway Total: Patio: 512 sq ftExisting Patio 512 sqftPatio Total: Sidewalk; Existing East sidewalk 146 sq ft Existing South sidewalk 94 sq ft Existing Pavers New Pavers 12 sq ft 206 sq ft 458 sq ftSidewalk Total: Stairway(s); None Retaining Walls(s); None Landscaping (Plastic Barrier): None Other: TOTAL IMPERVIOUS SURFACE: 7,544sqft 41,000 sqftLOT AREA: 7,544 (Total Impervious) / 41,000 (Lot Area) = 0.1840 x 100 = 18.4% Minimum Shoreland Ordinance Standards for Pelican Lake (GD) Condition at PropertyStandard 57 Ft (proposed variance)Structure Setback from OHWL 75 Ft 737 Ft100 FtWater Frontage/Lot Width 41,000 Sq Ft20,000 Sq FtLot Area 5,432 Sq Ft8,400 Sq FtBuildable Area 2,500 Sq Ft2,500 Sq FtSewage Treatment Area 5.58 Ft3 FtStructure Height Above OHWL 10 Ft10 FtStructure Setback from Lotline (No Bluff)30 FtTop of Bluff 10 Ft10 FtSeptic Tank NA20 FtDrainfield - Dwelling 40 Ft20 FtPublic and Private Road Right-of-Way 24 Ft35 FtMaximum Height of Dwelling Water Oriented Accessory Structure (none) ft' ' ■•V ■ B f r# .■' &rr>r-a-'V I11 y * i r :•I •r.•4 1^ w M ;il f*: »•';' *<* 'Vv . fA.;* : >/ V.;* ,* •'«. ^ • # ^ m ‘ *% •»• ■' ^' ^ ^ <r^t 1 .V< tc. • f .. *... # ' «4 •:v, S'. • \ ...0 , _■tm •’^f' ' *. P 4 /'v . ■ * ■/< '' •' '%r ■ •*r^VA-dfcTi , #fi f'P ).......>*‘? *'"'/*‘vV 0 • .,» * 4 ■■■4.,- ■■, ‘i-rwmWM ♦ * * • • ...; * > 0’ •:' i <• <.*0 -y ^ ''";V•?;.■; .,./; ..^j. ,y^v ...■,*:ri-j..Jir.^*-. . mm0}m} /: '.'V,, ■fi '■ ' y\'\ 9f. . *‘\£t* r *V'"f•I r*4 ■1' ■£' '•! ■£:' ^ ’'.- ' /-’*■ r~. - f t f ''•.V •• /• '‘'V;,. »;■f . ,. • ■f /■" - W; t: [£1 f.Wi m *m::^■i'ff‘ .■■ ' ■:Vi S.'.«K wa ' -,«i " 1*.^ r^ 3‘ f 7:"r- */' -A Mb' < °aS-^ -'^;; ~.a?i.’^ --*^4: ' .■tI V i £ r ■ - f Vv '' ■ ■ 4 im. • i T 1 ■■' mHfm 4 Q ■|t«' ■ 1 m ------------— ■-..■■■ii'ifai. r ■ .’'1--tr f '1 if.-...1 “s.-. .* . .r^ft* ■ V &vC|bt, Ji- 't .-v*mimsM ;l'v> t -A r. |^ince\% '^ll969i® EARTHWORK • UNDERGROUND UTILITIES • RESTORATIONDEMOLITION 09 September 2009 Richard JefEries 7175 East Camelback Rd. #704 Scottsdale, AZ 85251 RE: New Septic System Alternatives 51161 Pelican Point Ln. Detroit Lakes, MN 56501 At your request, I have evaluated potential new septic system alternatives for your sitdi Your current parcel geometry and built element make-up do not allow enou^ room for a standard dtrainfield septic system component to be installed. Two holding tanks could be installed as illustrated on attached site plan. This system would meet state and local codes without obtaining a variance for such. Site plan illustrates an optional drainfield area. Drainfield, as shown, would be adequate for a six bedroom dwelling (900gpd) based on preliminary site evaluation information. Installation of drainfield would require variance to allow such to be installed with a horizontal setback of 43’ from OHWL in lieu of standard GD requirement of 50’. If drainfield system is utilized, an additional 1500 gallon tank would be installed to serve as system lift station. During our walk through yesterday, I did notice some surface ponding in area of existing drainfield. Therefore, regardless of your variance meeting outcome; it appears that existing drainfield is failing and will require your system to be updated next spring. 18262 Old Pit Rd. • P.O.BOX 2 • Detroit Lakes, MN 56502-0002 • 218-847-7391 • Fax 218-847-2380 Equal Opportunity Employer/Contractor 5ll969j® EARTHWORK • UNDERGROUND UTILITIES • RESTORATIONDEMOLITION The only update options I see are the same options presented with your variance application: holding tanks with no septic system variance or complete onsite system with reduced lake setback variance. Please feel free to contact me as necessary to discuss options, costs, etc. at my office: 218.847.7391, cell: 218.849.2201 or email: m.hough@houghinc.com. / / Sincrerely, i/Michael Hough MPCA Certification No. 2006 MPCA Design I License^o. 770 ! 18262 Old Pit Rd. • P.O.Box 2 • Detroit Lakes, MN 56502-0002 • 218-847-7391 • Fax 218-847-2380 Equal Opportunity Empioyer/contractor ^pxTioH II 2 (£A) 1500 GalioD Septic Tanks W/Electric Alarm 10' Property Line Setback Line 10' Structure Setback Line 10' Property Line Setback Line ■peAiHfHeM7\ Pelican Lake O' OHWL Setback Line Jeffries Residence Onsite Sewage Treatment System "V, 2 (£A) 1500 GaUon Sepdc Tanks W/EIcctric Alarm r 10’ Property Line Setback Line 10’ Structure Setback Line 10’ Property Line Setback LineI \ 1 Pelican Lake -^0' OnWL Setback Line Jeffries Residence Onsite Sewage Treatment System OTTER TAIL COUNTY, MN Steve Andrews, Treasurer 570 Fir Avenue West Fergus Fails. MN 56537-1364 218-998-8295 wwvi'.CO .otter-tail, mn. us SAVE FOR FUTURE REFERENCETAXPAY ER COPY )0223^PROPERTY TAX STATEMENT YOUR PROPERTY TAX VALUES & CLASSIFICATIONS^' 2009Taxes Payable Year:2008 Estimated Market Value:1,243,1001,173,700 (property ID# • R 17000990883000 New Improvements/ Expired Exclusions:' Taxable Market Value:1,107,300 SEAS RES REC „ 962,900Property Class: sEAS RES RECTaxpayer;112005 RICHARD & LINDA R JEFFRIES 7175 CAMELBACK RD E UNIT 704 SCOTTSDALE AZ 85251-1683 ^ ^ ^ You may he eligible for one or even tn’o V V V refunds to reduce your property tax. Tax Desc:Sect-04 Twp-137 Range-042 PELICAN POINTSWLY PT LOT 42 BLK 1 EX TR IN NE CR LOT 43 BLK 1 & LOTS 44 Read the hack of this statement to find out how to apply.RLi LND.S? 20092008Taxes Payable Year: 1. Use this amount on Form M1PH F; see it you are eligible for a pioperty tax refund. File by August 15. If ttiis box is checked, you owe delinquent taxes and are not eligible. 2. Use this amount for the special property tax refund on schedule 1 of Form Ml PRI Your Property Tax and How It la Reduced By The State 3. Your property taxes before reduction by state-paid credits 4 Credits paid by the State of MN to reduce your property fax. A. Homeslead and AgncuMural Market Value Credits B Other Credits □ 8,828.5C14,331.27 !i 5. Your property tax after reduction by state-paid credits -Property Tax by Jurisdiction ----------- ----------------- 6. Otter Tail County 8,828.517,850.50 4,415.0( 264 . li 1,034.K 2,210.2' 3,907.34 206.66 863.85 2,105.77 LK IMPROVEMENT DIST.7 City or Town DUNN TOWNSHIP 8. Stale General lax 9 School Distnci 0548 A. Voter Approved Levies B. Other Local Levies 701.91 66.3 136.6 559.36 48.97 158.55 10. Special Taxing Distn';- OTCHRA PELHOS I 11. Non-school voter approved referenda levies 12. Total property tax before special assessments Special Asaeasmenta on Your Property 13. Special assessments 7,850.50 25.50 8,828.5 25.525.50|Print1Int:1 SOLID WASTE 25.50 I 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS JUPTO7,876.00I PLEASE READ THE BACK OF THIS STATEMENT FOR IMPORTAN* 'NFORMATION.PAYABLE 2009 2"'^ HALF PAYMENT STUB TO AVOID PENALTY PAY ON OR BEFORE; OCTOBER 15 Property ID#: r i7ooo9908S3ooo Bill #: Classification; seas res rec I ] If your address has changed please check this box '—' and show the change on the back of this stub. 12160 SECOND 1/2 TAX AMOUNT DUE:4,427.00 TOTAL:PENALTY: Taxpayer:MAKE CHECKS PAYABLE TO: Otter Tail County Treasurer 570 Fir Avenue West Fergus Falls, MN 56537-1364 lililiilliiililiiilliliiiiiiilliilliilliiiiiiliiiilll 112005 RICHARD & LINDA R JEFFRIES 7175 CAMELBACK RD E UNIT 704 SCOTTSDALE AZ 85251-1683 il.lI I I I I RE TAX ID#112005 No Heceipi seiil. Voui cancelled check is ptool ol paymenl. Do no! send postdaied checks.