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HomeMy WebLinkAbout17000991562000_Variances_10-09-201410<^20I^' DOC# 1150128 Date Stamp 1150128 Fee: $46 00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded October 14, 2014 10:00 AM Brian Armstrong, Recorder RECEIVED SEP 1 6 Returned To:LAMD & RESOURCE LAND & RESOURCE By: LL 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 ^' lu Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ______DAYTIME PHONE VT V'4rStrrfv'^A. PROPERTY OWNER 20L'^ (!V<sc.k Ci'r. S',MAILING ADDRESS Hic Q^t>t ca ^LAKE NUMBER LAKE NAME LAKE CLASS %SECTION TOWNSHIP RANGE TOWNSHIP NAME h^Aj ( PARCEL NUMBER E-911 ADDRESS/7C>ao<^^| LEGAL DESCRIPTION \f I'ciA —h Jj tAr'S\'s A.Lot ^ 2_ PetFcLcn. TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size _ Sewage System JLSubdivisionCluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. . as pv r <: i .£ «r( c,urrc/'trl^ 2^ , L> /C f i s^\jtruc,c. . crxci-cL HHo . Pt^ L><- ^&crcu.^jr S'^Luck. <9ffu->U t* TO Pt, fc c2.9. 2.7.i a ^ i r*^ /■ 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. V/y SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing)SCANHED345 194 >tri> L i;n3o*>n Do Prcoters • Fergus Falls Mmopsota /3cr/'?Date Of Hearing Time Motion Steven Berndt - Variance application approved as modified and with a condition. (7:40 p.m.) After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried to approve the variances for the proposed development as described in the variance application dated September 14, 2014 and as depicted on the drawing submitted with the application noting the reduction in size from 8’ by 20’ to 6’ by 20’ with the condition that before a permit can be issued for the new development the portion of the lake side deck identified for removal must be removed. It was noted that the proposed development will not obstruct view from the adjacent properties and the proposed development will reduce the overall impervious surface coverage from 29.6% to 29.2%. Chairman/Otter Tail County Board of Adjustment ..A ...'• ,V' ■' Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No l'r Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 SCALE DRAWING FORM RECEIVED SEP 1 5 201^i 5~6 Z Poo Tax Parcel Number(s)LAr,D a RESOURCE 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). ^ fAcU - jio At, Scale I 4 V S S hf t-c r d. I O . a ft a pa's: e A 1 __- L - - rW i y: ^o' I Cl 1 r C^'fCrtJ Port-k-4 •4 IH' ?orck S' * u./i t l<i Driii'n. fCe.[ci ----- . Olr4,' mSignature of Property Owner BK — 032014 354.120 • Vtcioi Lundeen Co, Piinlefs • Fergus Palls, MN • 1-800-346-1370 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsitgimpervious surfaces on scale drawing. ^/l3 /zo V1%, looLot Area (ft^):Date:Signature: Other Impervious SurfaceBuildings ProposedExistingProposedExistingFt^Ft^Ft^Ft^ Hm -/<JT.trDwelling Por^U ■3e>^o IHO Deck(s);Z*5oo Patio(s)Attached Garage ~l ZY Sidewalk(s)V TVDetached Garage ■\S~ 7 6.S' 7 6> Landing(s)Storage Shed (033Driveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous - 3X1 I ----------H,TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaTotalExisting Proposed Ft^Ft^Ft^Ft^Total Buildings V +:2^o '3 S 3oo 100-H X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Total Lot AreaProposedTotal Buildings + Other Impervious Surface Existing Ft^Ft^Ft^Ft^ ^ -Ri 2^.2 7,21. 3*0 1007X= Impervious Surface Calculation Worksheet 03-25-2014 Cr'NVOS 80Sn nrtddv8 jj,''.MJM( i(i;l NoiQiAiaans m3ia o—^s /ooe oai OOl 09 Oi O s,Nosaoovp (^ ^ ^ r ^ NVOn3d JNE A-B 6 sa» 3B‘OOTo T--JTSUQ a i'l I c??U as O x::U0 s 8 1I 4- <t>A-j^oO & «7~' toC' t <3 £ i-c&'■+■ i-£" Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTCRTflll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Steven Berndt 2664 Meadow Creek Circle S Fargo, ND 58104 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, October 9, 2014 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 3 Block 2 Jacobson’s Pelican View Subdivision, Property Address -49943 Fish Lake Road Section 9, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Big Pelican, Class - GD The variance requested is - the following: Property as purchased currently has 29.6% impervious surface. Proposed additions to covered porch add 240 square feet. Removal of part of lakeside deck and some sidewalks removes 321 square feet. Net result would be 29.2% impervious surface. Proposed addition decreases setback from ordinary high water level to 70”. ‘Waynt Stein Board of Adjustment Secretary Date: September 19, 2014 LS r 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 19th, day of September, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Steven & Darlene Berndt tsts, 2664 Meadow Creek Cir S., Fargo, Nd 58104 7111 Faye Spitzley Twp Clerk of Dunn, 3353 30*'’ Ave S, Fargo, ND 58103 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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 19, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment / l ire I '-,'0-0A ( By: Vi Manderud r SEAN & NINA M CARROLL 3470 LAWNDALE LN N PLYMOUTH, MN 55447 1694 JAMES D & SUSAN J HAARSTAD 49895 FISH LAKE RD DETROIT LAKES, MN 56501 9451 STEVEN & DARLENE BERNDTTSTS 2664 MEADOW CREEK CIR S FARGO, ND 58104 7111 KENNETH M & MARILYN C HANSON 49909 FISH LAKE RD DETROIT LAKES, MN 56501 9450 DONALD JOHNSON 49951 FISH LAKE RD DETROIT LAKES, MN 56501 9450 DONALD PJOHNSON 49951 FISH LAKE RD DETROIT LAKES, MN 56501 9450 LYNDEN H & GLENDA J KURTZ 6935 RIVERDALE DR HORACE, ND 58047 5712 CAROLA LAGEMAN 49937 FISH LAKE RD DETROIT LAKES, MN 56501 9450 LE PETOMANE PROPERTIES LLC PO BOX 14 HORACE, ND 58047 14 JEFFREY & MARY LYSTAD 2303 CENTENNIAL ROSE DR S FARGO, ND 58104 6826 MARK M & BARBARA J MALMBERG 432 lOTH ST N OAKES, ND 58474 1011 PATRICIA L LYSFORD 7168 218TH ST N FOREST LAKE, MN 55025 9105 MARK L & JOAN E OTTIS 5350 166TH AVE SE KINDRED, ND 58051 9603 JAMES J JR 8c LINDA MOSES 6630 DARK CANYON RD RAPID CITY, SD 57703 4777 BEVERLY J NELSON 49981 FISH LAKE RD DETROIT LAKES, MN 56501 9450 PELICAN STATION LLC ATTN KAY L CURRIER 1110 25TH AVE N FARGO, ND 58102 1889 KENNETH 8c RAYETTA SENN 912 3RD AVENE DILWORTH, MN 56529 2107 GREGG W SWANSON 49813 FISH LAKE RD DETROIT LAKES, MN 565019451 GARY H 8c DELLA VIESTENZ 50005 FISH LAKE RD DETROIT LAKES, MN 56501 9449 ORVILLE 8c ANNETTE THORSON 49968 FISH LAKE RD DETROIT LAKES, MN 56501 9450 TO THE PUBLIC , 00 October 9, 2014 Page # 3 Bradley and Amber Bender - Variance application approved as requested. (7:33 p.m.) Bradley and Amber Bender, part of Government Lot 5, Section 3 of Lida Township by Crystal Lake, requested the following: Addition to existing dwelling, approximately 48’ from high water. New addition will not be closer to the lake than existing structure. Amber appeared on behalf of the applicants. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Robert Schwartz and carried with Steve Schierer voting no, to approve a variance of 52’ from the required ordinary high water level setback of 100’ for the placement of the proposed development as described in the variance application dated September 17, 2014 48’ from the ordinary high water level. It was noted that the proposed development will be no closer to the ordinary high water level than the existing development. The member voting against the motion expressed concern with the placement of the proposed development in the shore impact zone. ^^/^even Berndt - Variance application approved as modified and with a condition. (7:40 p.m.) Steven Berndt, Lot 3 Block 2 Jacobson’s Pelican View Subdivision, Big Pelican Lake in Dunn Township, requested the following; Property as purchased currently has 29.6% impervious surface. Proposed additions to covered porch add 240 square feet. Removal of part of lakeside deck and some sidewalks removes 321 square feet. Net result would be 29.2% impervious surface. Proposed addition decreases setback from ordinary high water level to 70’. The audience was polled with no one speaking for or against the variance as requested. It was noted that the applicant’s proposed development would be 68’ from the ordinary high water level as determined by the Land and Resource Department instead of the requested 70’. The applicant noted that as a result of the Land and Resource determination, the proposed 8’ by 20’ addition will be reduced to 6’ by 20’ to keep the proposed development 70’ from the ordinary high water level. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried to approve the variances for the proposed development as described in the variance application dated September 14, 2014 and as depicted on the drawing submitted with the application noting the reduction in size from 8’ by 20’ to 6’ by 20’ with the condition that before a permit can be issued for the new development the portion of the lake side deck identified for removal must be removed. It was noted that the proposed development will not obstruct view from the adjacent properties and the proposed development will reduce the overall impervious surface coverage from 29.6% to 29.2%. Henry Kohler - Tabled. (7:49 p.m.) Henry Kohler, part of Government Lot 2, Section 23 of Otter Tail Township by Long Lake, requested the following: I am requesting a variance of 40’ from the ordinary high water level setback of 100’ to construct a home 60’ from the lake. In the case that this variance is granted I would be turning in a request to the Planning Commission asking for a permit for a cluster development allowing me to construct the home without the removal of the existing cabin. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion and with the applicant’s verbal consent, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to table this hearing until a future meeting date to allow the applicant an opportunity to consider other alternatives, for example - platting. Thunder Shores Inc. - Variance application approved as requested with a condition. (8:00 p.m.) Thunder Shores Inc., dba Holly’s Resort, Lots 27 and 28, Augustana Beach First Addition, Lots 32 and 33, Recreation Beach and part of Government Lot 3, Section 28 of Amor Township by Otter Tail Lake, requested the following: Applicant seeks a variance to continue the operation of Holly’s Resort on Otter Tail Lake as it has been and is presently operated. The variance is necessary to fulfill an agreement with neighbors, Don and Sue Swenson, for an exchange of property to which applicant is bound. The completion of the land exchange will result in applicant having a 4.84 acre tract of land upon which to operate Holly’s Resort rather than the 5 acre minimum requirement of the ordinance (.16 acre less than the ordinance requirement). There will be no change in the operation of the resort if the variance is granted. The practical boundary of Holly’s Resort will remain the same. We have deeded the 7.5 acre tract, but it could not be recorded as it left the substandard 4.84 acre tract. Therefore, we are proposing to split a 12.34 acre parcel into the 7.5 acre tract and the remaining 4.84 acre tract.SCAKP