HomeMy WebLinkAbout17000991750000_Variances_05-14-2015I.r5-W-20l5,z.1158868
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
05/26/2015 8:30 AM
received
MAR 2 0 2015
land & RESOURCE
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5 FEE; 46.00
PAGES 4
WELL CERTIFICATE REC'D: N
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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
^500Application Fee
L-lift!COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date '
cj ^a _________DAYTIME PHONE -li2 5~^
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____
PROPERTY OWNER
i'3^1 T/t .MAILING ADDRESS
LAKE NUMBER 5 LAKE NAME A 'Z7. ‘
/2Z2JA_RANGE /\AZ
LAKE CLASS
lJujxLlTOWNSHIPSECTIONTOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
;
'Ai^tGNAfURE 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)
■ r i,nri-'cn Co Prm'ers • Fergus Falls Minnesota
f
Kelly Boyd - Variance application approved as requested with a condition. (6:43 p.m.)
After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously
carried, to approve the proposed subdivision of Lot 9 Block 3 into two tracts for non-residential use as
described in the variance application dated March 20, 2015 £md as depicted on the drawing submitted with the
variance application with the condition that a registered surveyor’s drawing must be provided at the time of
conveyance and with the condition that the area contained with the backlots cannot be used when making the
impervious surface calculation for front lot development. The variance as approved is consistent with past
abfidns of the Bbanf. ■ The vafiance as approved cWeS ftot dtrecfty or mdircetly gfam any othcf‘vaftawec fot
development on the newly created tracts resulting from the subdivision of Lot 9 Block 3.
Date Of Hearing Time
Motion
Kelly Boyd - Variance application approved as requested with a condition. (6:43 p.m.)
After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to
approve the proposed subdivision of Lot 9 Block 3 into two tracts for non-residential use as described in the variance
application dated March 20, 2015 and as depicted on the drawing submitted with the variance application with the
condition that a registered surveyor’s drawing must be provided at the time of conveyance and with the condition that
the area contained with the backlots cannot be used when making the impervious surface calculation for front lot
development. The variance as approved is consistent with past actions of the Board. The variance as approved does
not directly or indirectly grant any other variance for development on the newly created tracts resulting from the
subdivision of Lot 9 Block 3.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
5Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, May 14,2015
The Otter Tail County Board of Adjustment met Thursday, May 14, 2015, with the following persons in
attendance:
Thomas LeeRod Boyer
Steve Schierer
Bill Kalar - Director, Land and Resource Management (6:30 p.m. applicants only)
Denise Gubrud, Land and Resource Management
Alexander S. Kvidt, Land and Resource Management
David Hauser, County Attorney
Jeff Pabarcus, Assistant County Attorney
Paul Larson
Ward Uggerud
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 April 9, 2015 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Maurice and Gail Peterson - Variance application approved with a condition (6:33 p.m.)
Maurice and Gail Peterson, Unit 3 Sunshine Villa (Common Interest Community), Big Pine Lake in Pine
Lake Township, requested a variance of 25’ from the required ordinary high level of 75’ to screen in (as
defined in #66 in The Shoreland Management Ordinance of Otter Tail County) an existing open covered
porch with at least 80% of the walls consisting of screens and/or glass (combination windows) and a sliding
door, without the need for a conditional use permit and without the need for a compliance inspection of the
sewage system. The screened porch will be 50’ from the ordinary high water level with no changes to the
existing structure footprint. The audience was polled with no one speaking for or against the variance as
requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and
unanimously carried, to approve a variance of 25’ from the required ordinary high water level setback of 75’
for the purpose of screening (as defined in #66 in The Shoreland Management Ordinance) an existing open
covered porch located 50’ from the ordinary high water level without the need for a conditional use permit
with the condition that a compliance inspection of the sewage system must be completed prior to the
issuance of a site permit for the proposed project. The variances as approved do not directly or indirectly
grant any other variance for the proposed development.
Kelly Boyd - Variance application approved as requested with a condition. (6:43 p.m.)
Kelly Boyd, Lot 9 Block 3 Lizzie View Estates and Lot 3 of Peterson Survey Lots of Government Lot 5,
Section 28 of Dunn Township by Lake Lizzie, requested the following: I would like to subdivide backlot
(Lot 9 Block 3) into Parcels 9A, which would remain attached to Parcel 17000280353005 and would
contain 34,790 square feet of area and 9B containing 30,729 square feet of area. Both 9A and 9B would be
for non-residential purposes. Record the proposed subdivision without platting. Mark Braton represented
the applicant at the public hearing. The audience was polled with no one speaking for or against the variance
as requested.
May 14, 2015
, Page # 2
Kelly Boyd - Variance application approved as requested with conditions. (6:43 p.m.) Continued
After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously
carried, to approve the proposed subdivision of Lot 9 Block 3 into two tracts for non-residential use as
described in the variance application dated March 20, 2015 and as depicted on the drawing submitted with
the variance application with the condition that a registered surveyor’s drawing must be provided at the time
of conveyance and with the condition that the area contained with the backlots cannot be used when making
the impervious surface calculation for front lot development. The variance as approved is consistent with
past actions of the Board. The variance as approved does not directly or indirectly grant any other variance
for development on the newly created tracts resulting from the subdivision of Lot 9 Block 3.
Julie Swenson Tiede - Variance application approved with modifications. (6:47 p.m.)
Julie Swenson Tiede, Lot 7 Block 1 Eastwood Shores, Clitherall Lake in Clitherall Township, requested the
following: Proposing to replace the existing deck. Replace 8’by 34’deck. Change to 10’by 24’deck and
add 10’ by 10’ screened in porch. The Structure will be 90’ from ordinary high water level. Asking for 10’
variance. Required setback is 100’ from the ordinary high water level. Scott Buchholz, Contractor
appeared with the applicant at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second
by Rod Boyer and carried with Thomas Lee and Ward Uggerud voting no, to approve the replacement of an
existing 8’ by 34’ deck with an 8’ by 24’ deck and an 8’ by 10’ screened in porch. The variance as
approved permits the replacement structures to be the same size as the existing deck. It was noted that the
proposed development is repair/maintenance to the existing deck. The variance as approved does not
directly or indirectly grant any other variance for the proposed development. The variance as approved will
provide the applicant with a reasonable use of her property.
Kenneth J. and Janice E. Bauer - Tabled (6:55 p.m.)
Kenneth J. and Janice E. Bauer, Lots 22 and 23 Seifert’s Beach, Lake Lizzie in Dunn Township, requested
the following; 1 would like to add an attached garage on the back of my existing cabin. Even though it is on
the back of the cabin, it is approximately 25’ out of string line compliance. Per phone conversation with
Ken Bauer the attached garage will be 53’ +/- from the ordinary high water level per onsite visit. Kenneth
Bauer represented the applicants at the public hearing. The audience was polled with Monique who was
representing the property owner to the north of the applicants’ property expressing concerns with view
obstruction if the garage is placed in the proposed location. After discussion and consideration, Thomas Lee
made a motion, second by Rod Boyer and unanimously carried, to table, with the applicant’s verbal
permission, this public hearing until the next scheduled meeting of the Board of Adjustment to consider the
possibility of a detached garage and also to present a plan detailing the size and how the proposed attached
garage would be tied into the existing dwelling. It was noted that the applicants’ home is very close to the
lake.
Vincent Klinnert- Denied. (7:12 p.m.)
Vincent Klinnert, Lot 5 Block 1 Y «&. M Properties, Lake Ida in Candor Township, requested the following:
The deck is 13’ too long and the platform is 8’ by 10’ not the specified 6’ by 6’ also the steps are 5’ wide
not 4’ wide. Constructed at 125’ previous variance 140’ setback and 30’ deck. Previous variance granted
on June 12, 2014 was for a 12’ by 30’ deck. Gene Klinnert appeared with the applicant at the public
hearing. The audience was polled •svith no one speaking for or against the variance as requested. After
discussion and consideration, Ward Uggerud made a motion to approve the variance as requested. This
motion died for lack of a second.k: "J
otter Tail County, Minnesota
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Certificate of Survey of
THE PARTIAL SUBDIVISION OF LOT 9, BLOCK 3, LIZZIE VIEW ESTATES
SECTION 28, T137N, R42W OF THE 5TH. P.M., DUNN TOWNSHIP
OTTER TAIL COUNTY, MINNESOTA
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Sheet 1 of 2
■ Sufwy No: 2015002
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TRACT DESCRIPTION
All that part of Lot 9, Block 3, LIZZIE VIEW ESTATES in Section 28, Township 137 North,
Range 42 West of the Fifth Principal Meridian, Dunn township. Otter Tail County, Minnesota
described as follows:
Beginning at an existing iron monument marking the common comer to Lots 1,2, 8, & 9 of said
Block 3; thence on an assumed bearing (WGS 84) of North 76 degrees 56 minutes 37 seconds
East on and along the line common to said Lots 1 & 9 a distance of 110.52 feet; thence
continuing North 76 degrees 56 minutes 37 seconds East along said common line a distance of
35.00 feet; thence South 22 degrees 09 minutes 12 seconds East a distance of 213.08 feet to the
northwesterly right of way line of Edlynn Beach Trail; thence South 49 degrees 16 minutes 50
seconds West a distance of 9.99 feet; thence South 54 degrees 51 minutes 05 seconds West a
distance of 25.75 feet; thence continuing South 54 degrees 51 minutes 05 seconds West a
distance of 112.00 feet to the southwesterly comer of said Lot 9; thence North 22 degrees 09
minutes 12 seconds West on and along the line common to said Lot 9 and Lot 8 of said Block 3 a
distance of 270.24 feet to the point of beginning.
The above described tract contains 34,790 square feet more or less.
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Sheet 2 of 2
Survey No. 2015002
SCALE DRAWING FORM
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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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Toperty OwnerSignatur!Date
BK — 032014 354,120 ■ Victor Lvindeen Co. Printers • Perqus Palls. MN • 1-800-346-4870
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):Date:Signature:
Other Impervious SurfaceBuildings
ProposedExistingProposedExisting
fPFt^Ft^Ft
Deck(s)Dwelling
Patio(s)Attached Garage
Sidewalk(s)Detached Garage )Landing(s)Storage Shed
/^7tDriveway(s)WOAS
Parking Area(s)
Retaining Wall(s)
RCU
Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
IV tTOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Lot AreaProposed TotalExisting
Ft^Ft^ Ft^Total Buildings Ft
o-3 V,7<?0 -100+X/
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Impervious
Surface
Ratio
Lot AreaProposed TotalTotal
Buildings + Other
Impervious Surface
Existing
Ft^Ft^Ft^Ft
A/ 5^7 ^6'cnt 100+-i-X
Impervious Surface Calculation Worksheet 03-25-2014
SCALE DRAWING FORM
1 7-^60-91 ^/7T0 -COq__- cor
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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BK — 032014 354.120 • Viclof Lundeen Co. Printers • Fergus Falls, MN • 1-800-346-4070
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
7C9. V?Lot Area (ft^):Date:Signature:
Other Impervious SurfaceBuildings
ProposedExistingProposedExistingFt^Ft^Ft^Ft^
Deck(s)Dwelling
Patio(s)Attached Garage
A6 O 6Q Sidewalk(s)Detached Garage
Landing(s)Storage Shed
Driveway(s)WOAS 1Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Total Lot AreaProposedExistingFt^Ft^Ft^Ft^Total Buildings
lC,oo /66 6 =-05-1 ^100+X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Impervious
Surface
Ratio
Lot AreaProposed TotalTotal
Buildings + Other
Impervious Surface
Existing
Ft^ Ft^Ft^Ft^
100+X-i-ir
Impervious Surface Calculation Worksheet 03-25-2014
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
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
^ /“y -£>6o - - / 7 0 ji"
___________________ Application
- ^7^')
property/project (Tax Parcel
described in my slarlar^
dated ____
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).
I—I 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).
PROPERTYliWNERDATED
r ■'> r I
01-03-2011
Mbowman app &forms~ waiver 60 day rule
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.us
9mKim
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Mark Braton
23038 Washburn Ln
Pelican Rapids, MN 56572
Kelly Boyd
3270 139"^ Ave
Buffalo, ND 58011
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, May 14, 2015 at 6:30 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 9 Block 3 Lizzie View Estates and Lot 3 of Peterson Survey Lots of Government Lot 5,
Property Address - 23712 Ediynn Beach Trail
Section 28, Township 137, Range 42 - Township Name - Dunn
Lake No. 56-760, Lake Name - Lizzie, Class - RD
The variance requested is -
the following: I would like to subdivide backlot (Lot 9 Block3) into Parcels 9A, which would remain attached to Parcel
17000280353005 and would contain 34,790 square feet of area and 9B containing 30,729 square feet of area. Both 9A and 9B
would be for non-residential purposes. Record the proposed subdivision without platting.
Wayne Stein
Board of Adjustment Secretary
Date: April 23, 2015
I
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 24th, day of April, 2015 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Boyd Family Cabin LLC, 3270 139'^ Ave SE, Buffalo, ND 58011 9716
Lake Lizzie Assoc., Yvonne Palmer, 23337 Chokecherry LN, Pelican Rapids, MN 56572
Michael Johnson, Twp Clerk of Dunn, 47979 E Lake Lizzie Rd, Pelican Rapids, MN 56572
Mark Braton, 23038 Washburn LN, Pelican Rapids,MN 56572
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
Jodi L Sazama, 650 Third Ave SE, Ste 4, Perham, MN 56573
Rod Boyer, 51127 E Wymer Lk Rd, Frazee, MN 56544
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: April 24, 2015
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: (
Vi Manderud
i
CLYDE & ESTHER ALLEN
318 44TH AVE S
MOORHEAD, MN 56560 6731
BOYD FAMILY CABIN LLC
3270 139TH AVE SE
BUFFALO, ND 580119716
LANCE & PEGGY AKERS
23726 EDLYNN BEACH TRL
PELICAN RAPIDS, MN 56572 7116
VICTOR 0 & JENNIFER L HAUGRUD
23344 SUNSET BEACH TRL
PELICAN RAPIDS, MN 56572 7110
ERIC T& ANGELA W HAYES
4239 49TH AVE S
FARGO, ND 58104 4393
CHRIS H& KIMBERLY SGUCK
47627 LAKE LIZZIE RD E
PELICAN RAPIDS, MN 56572 7108
ANTHONY W & KIMBERLY MILLER
5509 CHARLIE RAY DR
GRAND FORKS, ND 58201 8024
DARELD & CYNTHIA KOZIOL
23738 EDLYNN BEACH TRL
PELICAN RAPIDS, MN 56572 7116
KIMBERLI D ISHAUG
18775 MELROSE CHASE
EDEN PRAIRIE, MN 55347 3483
RODNEY C & CLARICE A SCHMIDT
9099 70TH ST S
SABIN, MN 56580 9558
MICHAEL J & NANCY L PETERSON
23609 SUNSET BEACH TRL
PELICAN RAPIDS, MN 56572 7196
EVERETT JR & DELORES PETERSON
1261 4TH ST N
FARGO, ND 58102 2710
LISASTAIGER ETAL
312 VALLEY AVE
MOORHEAD, MN 56560 4914
KURTGSLEEN
25849 485TH ST
VERGAS, MN 56587 9419
TERRENCE & BECKY SCHRITZ
47769 SUNSET BEACH LN
PELICAN RAPIDS, MN 56572 7117
DEAN M & LINDA J VOLNESS
PO BOX 2309
FARGO, ND 58108 2309
KIRKMZAESKE
2917 EDGEWOOD DR
FARGO, ND 58102 1646
Mark Braton
23038 Washburn Ln
Pelican Rapids, MN 56572
V