HomeMy WebLinkAbout17000991368000_Variances_02-10-2017: f
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
February 21, 2017
Brad & Nancylee Loftsgard
6041 Mill Road
Fort Ransom ND 58033
Re; Variance Application, Lots 1,2 & 3 Blk 2 of Ballard’s Cozy Bay Addition,
Pelican Lake (56'786) ■
Dear Mr. & Mrs.-Loftsgard:
Enclosed herein please find your returned Variance Application. Per our phone conversation there are
some changes that should be made on your Variance Application before you submit it.
Please complete the Variance Apphcatidn in black ink.
1 have included 3 plat maps. You can use these Maps/Impervious Worksheets for your drawings and
Impervious Surface Calculation.
• The first map shows the 3 lots that you own.
• The second map highlights Lots 1 & 2 Blk 2. You can use this map to show where the structures
are on Lots 1 & 2 and then on the back of this Map please complete the Impervious Surface
Worksheet for Lots 1 & 2;
• The third map highhghts Lot 3 Blk 2. You can also use this map to show where the structures
are on Lot 3 and then on the back of this Map please complete the Impervious Surface
Worksheet for Lot 3 as well.
❖ Please note that you do not have to use the maps that 1 have enclosed. I have also enclosed
extra grid paperior your use if you want to draw your own maps instead of the maps which 1
have included.
We also talked about the description of your proposed request. 1 had indicated that you should add a
little more verbiage to your request and explain a little more about sphtting the lots. Below is an
example (please note that this is just an exaniple and you can word your*request however you choose).
• Lots 1,2, & 3 Blk 2 of Ballard’s Cozy-Bay Addition are Substandard Non-Riparian Lots under
the same ownership and therefore are considered as 1 parcel under the Ordinance. These Lots
were created in 1974. We, are proposing to spht Lot 3 Blk 2 from Lots 1 & 2 Blk 2 of Ballard’s
Cozy Bay f Addition and have Lot 3 Blk 2 declared buddable for single family residential use.
Lot 3 Blk 2 is 21,000 sq. ft. with 126.21’ of lot with.
o You can also add at the end of your request any statement that you put in the Variance
Application that you submitted to try to prove your “Practical Difficulty”.
OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
Brad & Nancy lee Loftsgard
February 21,2017
Page 2
o During our phone conversation 1 indicated that your request is more of an economical
request and that the Board is looking for “Practical Difficulties”. I have included the
Section on Variances from our Shoreland Management Ordinance for your review.
When you are doing your drawing for Lot 3 Blk 2:if you find that the Structure is not located 10’ from
the Lotline you vvoU need to add that request to your Variance also because the required setback is 10’.
If you have any questions in regards to the above information, please let me know. You had mentioned
coming in to the Office and going through the Variance Apphcation. If that would be easier for you
please call me at 218'998'8096 and we can set up a time to meet.
Have a great day.
Sincerely,
AmyBusko
Permit Technician
Enclosures
Date Stamp
RECBVED
Hc8 15 2017
iand&rbsourge
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
4^00-COApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
^0^// M^^rT 7^/- ^7^ jPROPERTY OWNER DAYTIME PHONE
y\3oir\ f<Fol3MAILING ADDRESS
?£uoiJS2.0l«,LAKE CLASS <sDLAKE NUMBER LAKE NAME
TOWNSHIP /J7 RANGE f/<jL
n POV ^ 13 UU OCO
PARCEL n PpP llLl POD
NUMBER HOOO S>/^D_____________
2SECTION TOWNSHIP NAME
E-911
ADDRESS ^3^1 D RApA/jUAT^A ^/g|»4r
LEGAL DESCRIPTION
i, ^-5 8uc A S^Lug^'s ^2y &Y
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 BRjEF AS^THIS WILL BE USED FOR PUBLIC NOTIFICATION. UjePUVtMSed ^pn/pM^KTaire.
U)\Vh4he l^W-fo5dl hoasc-^ouur(XiJUjtstl^(^^
Kuiibcu^/WJ^sLCooriLin/ji^WiT+o /()fs I‘.2.
()Ue Qjydi^ F Rdd ^Lb6Vti5<^ C£>YH>ar\u Ka^clle4K£ uxrd
4h^uf\h 1 pa^Kea4-. (^Jc, how r<-ceiv-ed r\oh^caM.on
i/iv 'U) ^^0 Oi\/(Xf iCk^C (!-0lnfru ii^ bdO:xU6£-4KlS Locl2> nO-^OilC'CPTtuDlt
tteasse lc\ii.^'KnaujComu)^ntjeji-k)ao (iraur dia^hieranciSon
pmtKtse.4neir tor«£.. TK&KtUfiu. Drod t /-cjffeaara
Cr\lac(j "k)
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.
2'/<9'n!U d
(I SIGN/^RP OF PROPER''N£R / 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 Fatts, Minnesota
-\V
1
« J*
TimeDate Of Hearing
Motion
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
;iier laii uouniy, ivimnesoiaxuracy is not guaranteed. NOT to be construed or used as a legal
sscription.
block - 1/right 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENCE purposes only. THIS IS NOT A LEGAL DOCUMENT. Fri Feb 1
' 10:54:27 AM.
otter Tail County Shoreland Management Ordinance
Effective January 15, 2017; Page 30
B. Any appeal from any decision, order, requirement or determination within the
jurisdiction of the Board of Adjustment shall be taken by the filing of a notice of appeal with the
secretary of the Board within 10 .days from the date on which the appellant was notified in
writing by the officer making such decision of the decision. No such appeal shall be filed by the
secretary of the Board unless accompanied by the Appeal Fee established in the Fee Schedule.
C. . , The Board of Adjustment shall fix a reasonable time for the hearing of the
appeal and give due notice thereof to the applicant and the officer from whom the appeal is
taken and decide the same within a reasonable time. The Board of Adjustment may reverse,
affirm wholly or partly, or may modify the order, requirements, decisions or determinations as in
its opinion ought to be made in the premises and to that end shall have all powers of the officer
from whom the appeal was taken and may issue or direct the issuance of a permit. The reason
for the Board’s decision shall be stated in writing. The decision of the Board shall be final
unless appealed to the District Court in Otter Tail County by a person having an interest affected
by such decision.
The Board of Adjustment shall have the exclusive power to order the issuance of
variances from the requirements of the Ordinance including restrictions placed on
nonconformities.
A. Variances shall only be permitted when they are in harmony with the general
purposes andintent of the Ordinance.
Vatjances may be granted when the applicant for the variance, establishes that there are Drac!i^[Pd]ffi^rties in cdfTfplvihywittrthe^^inancer“Practical"^lfficu]tii^’^
asgd^if^^tioh^ithTh^gfahtihq"ora-^vafi^h^^^lTs~tKat1h:e:bijjM
'^r-tlfenDT6D.ertrih"a-reasdhable-lThthh^f^hqt’^rtfiitt§a"blHlie"a-^
M5wn^s3jeTOiuMfeef-dhiateibihe-brtp§rt¥?tm^Yigatrd-^^^^^
variancaSSed JadiLciStal^ localit^T'^'' ■ —
D. PriHiciTdifficulties include, but aremot limlteaTb, ifradequ'ate access to direct
sunlight for solar energy systems.
E. Variances shall be granted for earth sheltered construction as defined in
Section 216C.06, subdivision 14, when in harmony with the Ordinance.
F. No variance may be granted that would allow any use that is not allowed.
G. The Board of Adjustment may impose conditions in the granting of variances.
A condition must be directly related to and must bear a rough proportionality to the impact
created by the variance.
H. In considering variance requests, the Board of Adjustment may also consider;
1. Whether the variance will secure for the applicant a right or rights that
are enjoyed by other owners in the same area;
2. Whether existing sewage treatment systems on the property need
upgrading before additional development is approved;
3. Whether granting the variance will be contrary to the public interest or
damaging to the rights of other persons or to property values in the neighborhood.
4. No variance shall be granted simply because there are no objections or
because those who do not object Outnumber those who do.
I. The applicant for a variance shall file his complete Application in the office of
the Administrative Officer not less than 21 days prior to the next scheduled meeting of the Board
of Adjustment and pay a fee as indicated on the Fee Schedule when the application is filed.
Each application for variance shall be accompanied by a scale drawing (see definition) and 6
copies (if the Applicant provides a color coded original scale drawing, it is the Applicant's
responsibility to color code all copies) of the area under consideration showing the location of
any existing structures and any proposed structures. The drawing shall also indicate all setback
distances in feet. In addition, the applicant must provide his (or next closest) E-911 address. In
absence of such number, detailed directions to the property must be provided with the
application.
otter Tail County Shoreland Management Ordinance
Effective January 15, 2017; Page 31
J. When administrative staff and Board of Adjustment members may not be able
to view the property for which a variance is requested, due to snow cover, it may not be possible
to meet the legal requirement to take final action within 60 days of receipt of a completed
Application. Therefore, an Applicant shall be required, as part of completing the application
process in the months of October through March, to indicate by written acknowledgment
whether the Applicant is willing to waive the 60 day time limit and allow time for the Board of
Adjustment to view the property, if necessary. The acknowledgment shall inform the Applicant
that the absence of a waiver of the 60 day requirement may leave the Board of Adjustment no
alternative but to deny the Application. Circumstances may require the Board of Adjustment to
cancel its regular meeting in one or more of the months of January through April. If meetings
are canceled, no Application for a Variance will be accepted as final until 21 days prior to the
next scheduled meeting of the Board of Adjustment.
K. Within 3 days of making an application for a variance the applicant shall stake
the lot lines, road right-of-ways, and area under consideration and post the name and address
in a clearly visible location on the property.
L. The Administrative Officer shall refer the application to the Board of
Adjustment (See Section V.7., Notification Procedures.)
M. The Board of Adjustment shall consider the application at its next regular
meeting at which time is available, following compliance with the provisions of notice above
specified.
7. Shoreland Management By Townships:
Townships may adopt shoreland management controls under authority of
Minnesota Statutes, Section 462 if the controls are not inconsistent with or less restrictive than
the controls adopted by Otter Tail County.
A. Shoreland management controls adopted by townships will only be
considered to be consistent with County controls if they cover the same full range of shoreland
management provisions covered by the County controls, contain dimensional standards at least
as restrictive as those in the County controls, and do not allow land uses in particular areas that
are not allowed under the County's official controls.
B. The township must demonstrate to the County Board that their proposed
Ordinance and administration is at least as restrictive as the County's prior to final adoption by
the township. Townships must provide for administration and enforcement of shoreland
management controls at least as effective as County implementation. Townships that adopt
adequate shoreland controls must follow all of the notification procedures in Subpart 7. After
adequate shoreland management controls are adopted by a township, property owners must
only obtain necessary permits and approvais as required in the township shoreland
management controls. Property owners do not have to obtain similar permits or approvals
under the County's shoreland controls.
8. Notification Procedures:
A. Conditional Use Permit Applications:
Written notice shall be sent to property owners of record within one quarter
(1/4) mile of the affected property or to the 10 properties nearest the affected property,
whichever will provide the greater number of owners. Written notice shall also be sent to the
Town Board of the Township wherein the conditional use is proposed, the governing body of
any city or village of which the incorporated limits lie within 2 miles of the proposed conditional
use and the Commissioner. The written notice provided for the above shall be given not less
than 14 days prior to the date the Planning Commission will consider said application, although
failure of any property owner to receive such notification shall not invalidate the proceedings.
B. Variance Applications:
Written notice shall be sent to property owners of record within 500 ft. of the
affected property. Written notice shall also be sent to the Town Board of the Township wherein
the variance is proposed, the governing body of any city or village of which the incorporated
limits lie within 2 miles of the proposed variance and the Commissioner. The written notice
provided for the above shall be given not less than 14 days prior to the date the Board of
Adjustment will consider said application, although failure of any property owner to receive such
notification shall not invalidate the proceedings.
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BK —042016 ;360.600 ■ Victof Lund0en Co. Printers ■ Fergus trails, MN • 1-800-346-<18?0
^l.boo CLcrt'Z.^
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
^^^fS^^uildings Other Impervious Surface
ProposedExisting
i-i.2Existingt-1.2 Proposed Ft^Ft^FtFt
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
n..i
5^:'TOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
5Existing
i-i2
Proposed Total Lot Area Impervious
Surface
Ratio
.Vo
Ft^Ft^Ft^
Mt”
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Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
,v.'Ft^ Ft^ Ft^Ft %
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Impervious Surface Calculation Worksheet 04-11-2016
DateSignature:
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SCALE DRAWING: FORM)t
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Tax Parcel Number(s)!
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).
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Signature of Property Owner Date
360.600 • Viclaj Lundden Co. Primers • Fergus falls, MIN * iaOO.346.4870
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BK —042016
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):2/. t^OD
Other Impervious SurfaceBuildings
ProposedExistingExisting
r-1.2
Proposed
r-1,2 Ft^Ft^Ft Ft
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Deck(s)Dwelling
Patio(s)Attached Garage
Sidewalk(s)Detached Garage
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Existingi-i.2 Proposed Total Lot Area
Ft^Ft^ Ft^Total Buildings Ft
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100
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Existing Total Lot Area Impervious
Surface
. Ratio
Total
Buildings + Other
Impervious Surface
Proposed ■
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Impervious Surface Calculation Worksheet 04-11-2016
Signature:Date