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HomeMy WebLinkAbout17000991173000_Variances_05-08-20180il9W!r2Oi& 1203961 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 03/19/2018 03:33 PM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC’D: H Date Stamp RECEIVEDCD I OD - -XCUI— LO UEC 13 201/ LAND*,s)ES00aCE SCAHHED L&R Initia 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 COMPLETE THIS APPLICATION IN INK Receipt Number AsAccepted By / Date ^ PHONE 2.44 Prdir\6ijoaod. , SID 5^\0'^ PROPERTY OWNER MAILING ADDRESS LAKE NUMBER LAKE NAME 4DLAKE CLASS im r)4a.m RANGE TOWNSHIP NAMESECTIONTOWNSHIP \/]Su.V^APARCEL NUMBER E-911 ADDRESS\^nmo\P\w^hC)C)f) LEGAL DESCRIPTION \y0\% MAh TYPE OF VARIANCE REQUESTED (Please Check) structure Setback X 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. 0r\ fTur-PACii' '0 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. IGNATURE 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) I- • •Ct- ^ cPo^<f'TimeDate Of Hearing Motion Michelle and Timothy Richard - Variance application denied. (6:40 p.m.) After consideration and discussion, Chris McConn made a motion, second by David Wass and unanimously carried, to deny the variance as requested noting that the variances which were granted at the November 9, 2017 Board of Adjustment meeting does provide the applicants with a reasonable use and enjoyment of their property and also, noting that no hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. Members of the Board considered the proposed 2’ separation from the lot line as a setback that would make maintaining the structure difficult and they also noted that the applicants have already been approve to exceed the allowable imperious surface area by 5% and at this hearing did not find any practical difficulty that would Justify granting more impervious surface coverage. Chairman/Otter Tail County Bbard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) V No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Of icIal/Date bk 08232017-001 [^IwTwL 364.738 • Victor Lundeen Co.. Printers • Fergus Falls. MN * 1-000-346-4070 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, March 8, 2018 The Otter Tail County Board of Adjustment met Thursday, March 8, 2018, with the following persons in attendance: Thomas Lee Chris McConn Darren Newville Kyle Westergard, Land and Resource Management Jessica Fosberg, Land and Resource Management Kurt Mortenson, Assistant County Attorney Steve Schierer David Wass Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the December 16, 2017 meeting as mailed. Chair and Vice Chair Selection - Steve Schierer, 2017 Chair, called for nominations for Chair of the 2018 Board of Adjustment. Thomas Lee made a motion, second by Darren Newville and carried with Steve Schierer voting no, to elect Steve Schierer as Chair of the 2018 Board of Adjustment. Steve Schierer, 2018 Chair, then called for nominations for Vice - Chair of the 2018 Board of Adjustment. Dairen Newville made a motion, second by Chris McConn and unanimously carried, to elect Thomas Lee as Vice - Chair of the 2018 Board of Adjustment. The Board of Adjustment considered the following applications for variance: Randy and Karen Dorovv - Variance application approved with conditions. (6:34 p.m.) Randy and Karen Dorow, part of the Northwest Quarter of the Northeast Quarter, Section 18 of Leaf Lake Township, requested the following: Would like a variance to allow this lot to be smaller than ordinance requirements. Request to subdivide approximately 1.08 acres from a 5.16-acre parcel by metes and bounds, without having it surveyed. The retained parcel will exceed the 2.5-acre requirement. Randy Dorow and Brandon Menze represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as described in the variance application dated November 28, 2017 and as depicted on the drawing submitted with the application with the following conditions: 1.) a registered surveyor’s drawing must be presented at the time of conveyance and 2.) an easement providing ingress and egress to both parcels must be officially recorded. The variance as approved is consistent with past decisions of the Board and will provide the applicant with the ability to separate the residential portion of the property from the commercial portion. The hardship/practical difficulty is that the commercial portion of the total acreage occupies more than 2.5 acres making it impossible to create two 2.5-acre parcels. The variance as approved does not directly or indirectly grant any other variances for future development. y Michelle and Timothy IHchard - Variance application denied. (6:40 p.m.) Michelle and Timothy Richard, Lot 2 Northland Beach First Addition, Pelican Lake in Dunn Township, requested the following: Requesting a variance to erect a detached garage on existing driveway which exceeds lot-line setback and the impervious surface percentage. Requested setback to be 2’ fi om property line and impervious surface to be 32%. Note: current/Existing impervious surface is 31.3%. Michelle and Timothy Richard represented the application at the public hearing. An unsigned letter from a Dunn Township Resident in opposition to the variance as requested was read for the record. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Chris McConn made a motion, second by David Wass and unanimously carried, to deny the variance as requested noting that the variances which were granted at the November 9, 2017 Board of Adjustment meeting does provide the applicants with a reasonable use and enjoyment of their property and also, noting that no hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. Members of the Board considered the proposed 2’ separation from the lot line as a setback that would make maintaining the structure difficult and they also noted that the applicants have already been approve to exceed the allowable imperious surface area by 5% and at this hearing did not find any practical difficulty that would justify granting more impervious surface coverage. 3/2/2018 From: DUNN TOWNSHIP RESIDENT To: Otter Tail County Board of Adjustment Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 hA.Subject: Variance Request, 49923 Fish Lake Road, 56501 Commissioners, I am opposed to granting the variance requested in the February 19 Notice of Hearing for Variance. There are no demonstrated "practical difficulties" in complying with the County setback requirements. It appears that the reason for the setback variance request is to convert a portion of the impervious driveway to an "impervious" garage. In this neighborhood, with an 860 square foot home, the term "garage" often is euphemism for additional sleeping room. This property has too many sheds already, with a storage building, boathouse, deck, patios and a seasonal porch in addition to base home there is too much impervious surface for a lot of this size. The Lake Association continually references creating and retaining the value of property on Pelican Lake. Granting variances like this does little to create long term value. As we pave over the flora the lake becomes more polluted. Thank you for your consideration. OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 1^^ & MARCH 31^^ 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 Application(s) datedon my n 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). r~~| 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). 'An( (ATEI PROPERTY OWNER LR: Forms: Waiver 60 Day Rule 02-21-2017 A i167456 CAROL SCHMALTZ OTTER T&XL C.OUKTV s?prfvfir\c|s FERGUS FALLS, MW RECORDED ON 11/19/2015 1:02 PM Ji delinquent taxes and transfer entered; # \ Certi^ate of Real Estate Value # ( i/^filed ( ) not required. Cert, of Real Estate Value No. ^3l(l3 S CH (Year) • Wayne Stein, County Auditor/Treasurer' ( FES: S6.C0 PAGES 2 WELL CERTIFICATE HSC'D: ¥ ‘CC i/\ by 170009^ (IQ3000 Deputy . WARRANTY BEED State Deed Tax Due is $ //ZS4. Date: ECRV: FOR VALUABLE CONSIDERATION, Jeffiey K. -Lystad and Mary J. Lystad, husband and wife, GRANTOR, whether one or more, hereby convey and warrant to Timothy G. Richard and Michelle G. Richard, GRANTEE, whether one or more, real'property in Clay County, Minnesota, described as follows:gouk;:: .. S'. I ^ M . A• .C30Lot Two, Northland Beach First Addition, Otter Tail County, Minnesota. lCo| together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservations of record, if any. Check applicable line: The Seller certifies that the Seller does not know of any wells on the described real property. well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. FM TITLE : ry ^ '-i .. \ K ■ ■ i /WITNESS, the hand of the GRANTOR: I STATE OF COUNTY /7^day ofThe foregoing instrument was acknowledged before me this 2015, by Jeffrey K. Lystad and Mary J. Lystad, husband and wife, Grantors. n Df/A ^/4/yiA !/ T 1—' k UANItLLt INAUtL Notary Public Slate of North Dakota My Cunimission Expires January Ife, 21)21) y bKJC County, 4/j7Wtary Public, OE, ,5 nni.TTC rxTO*mT 7A 4r:xTT" AiAXU XI ^ L-J X JlVWiVi.J_,i N X 11 7 A O A Tnnm-iT-> r-4xrVV l-'ivrvi 1 D 1 .Tax siaiements for the real property described in this instrument should be sent to:FM Title 101 8* Street South Fargo, ND 58103 (701) 893-1000 Timothy G. and Michelle G. Richard n "IN - r*________r ra If 14^ i ^t i l\ 2 .1.,i 1I j.1 n !SCALE DRAWINGl FORMI I- ii•t1..1.t nooo‘^<^ 111 doco rTax Parcel Number(s)t■ The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). rIV i1 I1J, tmScale I-■I ■r-n 1T'1 IT14.h-L_.t ttj:::iT i-[Ij1 •I1t..I ..i..T !'!j,..,i...I..i}5 ri n~rm:i Llit':[i I tI'rtT!i j IiI.....-.-j.....4,.J.- -f ..j-•I t t'I...j .1 .1,,1.■t t'..i..J 1-L*-4.i TI.i.1.i i •r I I ......i.•i-JI-I -4.1.It..1.-i-•|.-f.i-.r TTn-!' 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PrintersI'.tIi i Ii•J-1 i 1*i" IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. mwLot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft^ ha Uoio^440DwellingDeck(s) Ol 2-Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) ZAO ■2-1WOASDriveway(s) RCU Parking Area(s) aiuMiscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous - 40^.5 ^\oay TOTAL OTHER 1542.654k 11TOTAL BUILDINGS Buildings impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^Total Buildings Hi454^5 . n&n.b100+-r 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 t)\.d\CA105477.6Z410.6 5W 100+X Impervious Surface Calculation Worksheet 04-11-2016 / lA ib nSignature:Date ss i isll Ui OiUJ ^ h- 1. <-}z^g >zu^3SSS 885 ajgsSS ^ i ys iiPt ill ii ililaAVA JD IHDId/NU AlUJdnUd >i3vai3S a3»ino3ii .9-».0-.9CHOilJ .0-.03 LJ .o-.w.o-.sz .u-.s UI bi □i|ss -! n X cu ^ ^ £2 nn -. V- 75^- is?2 s•es i .■ . ,9-jOS . ■M/l z-.i •■;j* ; • ■VI _ ■■■• .”■. ■T <>. K '■■I .9-8 U .O-.Z01 9 Notice of Hearing for Vanance otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www;co.6tter-tail.mn.usOTTER TOILe»e«tt-oiSfliieTa Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Michelle and Timothy Richard 244 Prairiewood Drive S. Fargo, ND 58103 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, March 8, 2018 at 16:30 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 Northland Beach First Addition, Property Address - 49923 Fish Lake Road, 56501 Section 9, Township 137, Range 42 - Township'Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: Requesting a variance to erect a detached garage on existing driveway which exceeds lot-line setback and the impervious surface percentage. Requested setback to be 2’ from property line and impervious surface to be 32%. Note: Current/Existing impervious surface is 31.3% 'Wayne Stein Board of Adjustment Secretary February 19, 2018 ;! OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustrhent for Otter Tail County, Minnesota, do hereby certify that on the 22nd, day of February, 2018 the attached Noticeiof Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Michelle and Timothy Richard, 244 Prairiewood Drive S, Fargo, ND 58103 Douglas Winter, Twp Clerk of Dunn, 50053 Fish Lake Rd, Detroit Lakes, MN 56501 Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson RD, Detroit Lakes, MN 56501 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd,.Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 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 Darren M Newville, 614 6**^ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 David Wass, 29133 260*'’ St, Underwood,MN 56586 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same |n the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: February 22nd, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud -.1 DANIEL R & RACHEL C CONRAD 2538 ROSE CREEK PKWY FARGO, ND 58104-6699 , STEVEN & DARLENE BERNDT TSTS : 4968 AVERY LNS FARGO, ND 58104-8586 DIFFERDING RE EST INV LLLP 5410 53RD AVES FARGO, ND 58104-5623: KENNETH M & MARILYN C HANSON 49909 FISH LAKE RD DETROIT LAKES, MN 56501-9450 CHARLES A & PATTY M HENDRICKS 2308 CENTENNIAL ROSE DR FARGO, ND 58104-6825 JAMES D & SUSAN J HAARSTAD ‘ 49895 FISH LAKE RD DETROIT LAKES, MN 56501-9451 DONALDPJOHNSON 49951 FISH LAKE RD DETROIT LAKES, MN 56501-9450 LYNDEN & GLENDA KURTZ TST 5549 36TH AVE S UNIT F FARGO, ND 58104- DONALD JOHNSON 49951 FISH LAKE RD DETROITLAKES,MN 56501-9450 MARK L & JOAN E OTTIS 5350 I66TH AVE SE KINDRED, ND 58051-9603 BEVERLY J NELSON 49981 FISH LAKE RD DETROIT LAKES, MN .56501-9450 MARK M & BARBARA J MALMBERG 432 10THSTN OAKES, ND 58474-1011 KENNETH & RAYETTA SENN 3312 7TH AVE N MOORHEAD, MN 56560-2596 TIMOTHY G & MICHELLE RICHARD 244 PRAIRIEWOOD DR S FARGO, ND 58103-4613 PELICAN STATION LLC 1110 25TH AVEN FARGO, ND 58102-1889 ; ORVILLE & ANNETTE THORSON 49968 FISH LAKE RD DETROIT LAKES, MN 56501-9450 PAUL J & LAURIE A STEFFES 1434B EMPIRE RD DICKINSON, ND 58601-3617 h !