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Home My WebLink AboutElm Haven Resort_53000260176000_Variances_04-01-20044-0)- 2004 951814 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that^„ - A this Instrument #__.■ was filed/recorded in this office for r^ord on the_Z.^—day of -X (^/]2004 atllCQ,an[y^ Wendyl. Metcalf, County) Recorder Ky \ k. Deputy ^(4.(OCcM / Veco^ina^e ^ well certificate 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 1^^5. ooApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date j £\fK. l4At»eyy '"ReSoc'z!!. DAYTIME PHONE A iS' ■ B jql MAi' ^L^')! _____LAKE CLASS A iliajog PROPERTY OWNER £u 'i6. T^oekl s k La.Le Lee j?MAILING ADDRESS ^ hs'L' 1^1 LAKE NAMELAKE NUMBER /sr 5^:iL RANGE TOWNSHIP NAMETOWNSHIPSECTION 3S^SS(E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION (Lor-v Kui Clo^ <St is /37, S S ' 5 PS P^i^i & k 1, ^ US’S ‘ Ko./t,e. S c V ^ Lc^Ci 6 e 4im 71 amf k)‘T’H A ^ aT TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Y Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED neu4 ZL,' <^c\<ra.cje. , to' K AL ' tooe^ k. skajo ^ ^u./T\e_ t-oor*^^ I 0 k> u.~f-Pe r ■U IS- K / A>«c.-tre,R>oPb / wuJ I<r e.)ex-c^rt I ki fc—y^cCC eeb I 1+4v«2. S cO ^ ^ ■ ft- ^ 2- r-qf\e- -f fi Acfc^S' 6 'cr5;■s e O !—I r-Ci'T'i- •J o^y- vc-v-c_e_ 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. S ./ SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) I?>c c3t^ /^S/ (^5'OOf / (^(^ /7f -?/7/ 7f'^<0 / /^O 455 ^7’ 60i AH-oof s./7-‘70/ 555 '<Oc^/ 457 ^ /73 77-/- <70/ f77- 003 /7S cLu^ 7<?3 /S4 ^/<f 447 77<^3^'0O / 3iO7 77 7 7^47/ Li Z^jg/' //f/y?/Date Of Hearing Time Motion Elm Haven Resort - Approved the variance as requested. (6:57 p.m.) After consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 3’ and a variance of 32’ from the required lot line setback of 50’ for a 10’ by 26’ addition to Cabin No. 1 47’ from the lot line and for a new 36’ by 48’ structure 18’ from the lot line. The proposed addition is on the inside of the existing structure away from the lot line and the proposed new structure is further away from the lot line than the existing garage and further away than any other structures on that side of the property. The Board of Adjustment noted that the applicants’ property is an asset to Otter Tail County. Chairma^n/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management 7 Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0903-001 315,694 • Victor Lundeen Co.. Primers • Fergus Falls. Mlrtnesola OTC Board of Commissioners' Minutes July 27, 2004 Page 3 Approval of Agenda Motion by Lee, second by Mosher, and unanimously carried to approve the County Board agenda of July 27, 2004, as mailed. Approval of Minutes Motion by Froemming, second by Block, and unanimously carried to approve the County Board minutes of July 20, 2004, as mailed. Approval to Pay Bills Motion by Mosher, second by Lee, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Planning Commission Recommendations Preliminary Plat - “Prairie West’YMarvin Hardekopf & Steve L Schmidt: Motion by Froemming, second by Lee, and unanimously carried to approve the Preliminary Plat known as “Prairie West” consisting of 4 lots with conditions as recommended by the Planning Commission. The property is described as Lot 1, Section 20 of Parkers Prairie Township; Clarno Lake (56-29). Preliminary Plat & Conditional Use Permit - “The Palms of LidaVDavid Forspren & QS inv.: Motion by Lee, second by Mosher, and unanimously carried to deny the Preliminary Plat known as “The Palms of Lida” and a Conditional Use Permit to service the plat as recommended by the Planning Commission and for the reasons stated in the July 21, 2004, Planning Commission minutes. The property is described as Lots 1, 2 & NW% NW% ex platted & ex trs. Section 16 and NE% NEY4 ex 1.29 AC Hwy R/W & SWA NEV4 & Lot 1, Section 17 of Lida Township: Lake Lida (56-747). Preliminary Plat - “StockridpeVRicky Stock: Motion by Froemming, second by Block, and unanimously carried to approve the Preliminary Plat known as “Stockridge” consisting of 2 single family residential lots with a condition as recommended by the Planning Commission. The property is described as Pt GL 2 (4.49 Ac), Section 8 of Otter Tail Township; Otter Tail Lake (56-242) and Long Lake (56-210). Preliminary Plat & Conditional Use Permit - "Waters Edge’YPAC Investment, Inc: Motion by Mosher, second by Lee, and unanimously carried to approve the Preliminary Plat known as “Waters Edge” consisting of 4 lake lots as presented on a revised plat dated June 30, 2004, and recommended by the Planning Commission. The property is described as Sublot A & B of Government Lot 6, Section 21 of St. Olaf Township; Sewell Lake (56-408). Conditional Use Permit- Elm Haven Resort/Jim & Evie Roehl: Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use Permit to build an additional cabin and replace a garage on the Resort with a condition as recommended by the Planning Commission. The property is described as Pt GL 1 ... (1.04 AC), Section 26 of Rush Lake Township; Rush Lake (56-141). Conditional Use Permit - Rollin & Julie Botts: Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use Permit to raise the grade of the lot to meet the level of adjacent lots with conditions as Planning Commission July 21,2004 Page 3 their configuration. Land & Resource Management must receive the revised plan by April 23, 2004. Reasons to table include the potential flooding of the area and drainage issues. Motion-May 12, 2004; A motion by Trites, second by Estes to table (at the Applicant’s request) to June 16, 2004 (revised drawing(s) to be received by Land & Resource by June 1, 2004) to allow Applicant time to reconsider the number of lots & their configuration. Reasons/concerns include: 1. The potential for flooding (must provide assurance of dry, buildable sites). 2. The potential adverse effects on future buildings. 3. The potential water saturation of septic systems. 4. The marginal water level elevations. 5. Past flooding in this area. 6. To allow Applicant time to contact the DNR regarding the adverse effects of run-off into the lake. Motion-June 16, 2004: A motion by Estes, second by Wilson to table, at the Applicant's request, to July 21, 2004. The revised material must be received by Land & Resource Management by July 2, 2004. Arnold Jonson (PAC Investment Inc.) & Jim Peterson (Anderson Land Surveying) represented the Application. Motion: A motion by Sha, second by Wilson to approve the revised plat (4 lakelots) dated June 30, 2004 as presented. Voting: All Members in favor. Elm Haven Resort/Jim & Evie Roehl - Approved With A Condition: A Conditional Use Permit Application as stated by the Applicant. 10’ x 26’ addition to cabin #1 and new 36’ x 48’ garage, game room, workshop, bait room which will replace old garage. Variance approved April 1, 2004 for lotlines. The property is described as Pt GL 1 ...(1.04 AC), Section 26 of Rush Lake Township; Rush Lake (56-141), GD. Jim & Evie Roehl represented the Application. Motion: A motion by Estes, second by Lachowitzer to approve with the condition that the impervious surface does not exceed 25% of the lot area (as required by the Shoreland Management Ordinance). It was noted that the Board of Adjustment has approved the requested lotline variances. Voting: All Members in favor. Rollin & Julie Botts - Approved With A Condition: A Conditional Use Permit Application as stated by the Applicant Bring up the grade on our lot to meet the level of adjacent lots in order to build a replacement dwelling. The area to be raised would start at 15’ back from the property line at the ROW. The size of the area is approximately 35’ X 100’. We would fill to a max depth of 2’. The material would be 140 cubic yards of imported, clean soil, top 2” to 3” to be dressed with top soil for lawn. The property is described as S >2 Lot 5 of Government Lot 3, Section 24 of Buse Township; Swan Lake (56-781), RD. Rollin & Julie Botts represented the Application. Motion: A motion by Schwartz, second by Boyer to approve as presented with the condition that the Applicant notifies the Land & Resource Management Office prior to starting the project. Reasons for approval being that all drainage will be going to the wetland and the precedent for filling has been set in this area. Voting: All Members in favor. Break: At 8:37 P.M., the Commission took all minute break. OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Elm Haven Resort Jim & Evie Roehl 35852 Rush Lake Loop Ottertail, MN 56571 HEARING DATE/LOCATION; July 21, 2004 at 7:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (AS STATED BY THE APPLICANT): 10’ X 26’ addition to cabin #1 and new 36’ x 48’ garage, game room, workshop, bait room which will replace old garage. Variance approved April 1, 2004 for lotlines. LAKE NAME/NUMBER/CLASS: Rush Lake (56-141), GD E-911 ADDRESS: 35852 Rush Lake Loop LEGAL DESCRIPTION: Pt GL 1 ... (1.04 AC), Section 26 of Rush Lake Township ** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing. The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. Bert Olson July 7. 2004 Mailing DateChairman Planning Commission UU iV|/\pi II 1, ^uut Page # 2 The variance application describes Parcel C as becoming an extension of the property owned by the neighbor to the west. For purposes of clarification, that statement will be interpreted to mean that Parcel C will be permanently attached to the property to the west. If the owners of the property to the west desire to reconfigure this parcel and/or their other property than either, a variance application would need to be submitted or the property would have to be platted. Elm Haven Resort - Approved the variance as requested. (6:57 p.m.) Elm Haven Resort, c/o Jim & Evie Roehl, part of Government Lot 1, Section 26 of Rush Lake Township by Rush Lake, requested a variance of 3’ and a variance of 32’ from the required lot line setback of 50’ for a 10’ by 26’ addition to Cabin No. 1 47’ from the lot line and for a new 36’ by 48’ structure 18’ from the lot line. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 3’ and a variance of 32’ from the required lot line setback of 50’ for a 10’ by 26’ addition to Cabin No. 1 47’ from the lot line and for a new 36’ by 48’ structure 18' from the lot line. The proposed addition is on the inside of the existing structure away from the lot line and the proposed new structure is further away from the lot line than the existing garage and further away than any other structures on that side of the property. The Board of Adjustment noted that the applicants’ property is an asset to Otter Tail County. Gary and Susan Leitch - Approved the variance as requested. (7:02 p.m.) Gary and Susan Leitch, Lot 15, Sandy Haven Development, Stalker Lake in Tordenskjold Township, requested a variance of 28’ from the required ordinary high water level setback of 100’ for the placement of a residential structure 72’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 28’ from the required ordinary high water level setback of 100’ for the placement of a residential structure 72’ from the ordinary high water level. The granting of this variance request will not establish precedence in this immediate area, is consistent with past actions of the Board of Adjustment and will provide the applicants with an ability to enjoy the same rights and privileges as other in this immediate area. Gayle Pfiager- Approved as requested with a registered surveyor’s drawing. (7:06 p.m.) Gayle Pfiager, Lots 1, 2, 3, 4 and part of Lot 9, Klingler’s Riverside, by Rush Lake and by the Otter Tail River in Rush Lake Township, requested a variance to create two tracts out of five parcels without a registered surveyor’s drawing and to have these two tracts declared buildable lots for residential purposes. Proposed Parcel A would have 160’ of width and 38,560 square feet of area. Proposed Parcel B would have 160’ of width and 35,964 square feet of area. Neither of the proposed tracts meet the minimum size requirements for platted back lots. Randy Pfiager, Sharon Putnam, and Betty Jane Limmer appeared with the applicant at the public hearing. Chairman Mann polled the audience with Mel McGowan speaking in favor of the variance as requested. After consideration, Paul Larson made a motion, seconded by Michael Conlon and unanimously carried, to approve a variance to create Parcel A, which will have 160’ of width and 38,560 square feet of area and Parcel B, which will have 160’ of width and 35,964 square feet of area out of five existing parcels and to declared these two newly created parcel buildable lots for residential purposes with the condition that a registered surveyor’s drawing must be provided. The granting of this variance will provide the applicant with an ability to enjoy the same rights and privileges as other in this immediate area. Patricia Lee - Denied. (7:12 p.m.) Patricia Lee, part of Lot 53 and all of Lots 54 and 55, Stony Point, West Battle Lake in Everts Township, requested a variance of 2’ 7” from the 20’ maximum allowable height of a non-dwelling structure for the construction of a garage having an overall height of 22’ 7". Terry Schander represented the applicant at the public hearing. 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