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HomeMy WebLinkAboutHomestead at Ottertail_46000290104000_Variances_05-14-2015E>~ 1158880 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 05/26/2015 8:41 AMreceived APR 2 1 2015 IJ^ND & RESOURCE ID FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N LOg o • •X — So'— CO vvL&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 ^ / M-Z-i Application Fee COMPLETE THIS APPLICATION IN BLACK INK ^ , ^/lot s-r. ^ LA^^ S(^s/5 LAKE CLASS Receipt Number , Accepted By / Date DAYTIME PHONE S07- ^Cpf -PROPERTY OWNE MAILING ADDRESS f) \LAKE NUMBER LAKE NAME 134 flrma Tail. A^/7o/ ^^5'^ 5T OM.SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER 4boco:i^niC)^noD E-911ADDRESS 8A ms Sh'S'/5y LEGAL DESCRIPTION Au. v-h^r Pap^t of tPe v Lor / ujesr i>Ac '^£x 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. AM A^hU/-16 foL A TZj os pA<a.vL moQ€L. T/5A(L.er2.5 / TMAtO fr //O me Ti^&-.it46 u3i6H ^LU>l^o 6taxkJw5 2jOIi^ J4^,06> X3 ___________________________yfebmttxOn. To 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 OTHE RESOURCE MAt^^EMENT MITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & ^DING THIS MATTER. if/ I ^ DATE£PROPERTY OWNER / AGE^SIGNATURE FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING £(Applicant Will Receive Notification As To The Date/Time Of Hearing) ■<4F 194 . Victor Lundeen Co Printers • Fergus Falls Minnesota The Homestead at Ottertaii - Variance application approved as requested. (7:33 p.m.) After discussion and consideration. Rod Boyer made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the variance application dated April 21, 2015 noting the County Board’s plan to amend the ordinance to reflect the language found in Minnesota Statute 168.002. The granting of the variance does not alter the development plan as originally approved for this development by the Planning Commission, but does provide the applicant with the ability to obtain the required units for the development. /V/Aiy /Y'-7 .^3Date Of Hearing Time Motion Fhe Homestead at Ottertaii Variance application approved as requested. (7;33 p.m.) he applioan, whh .he ability ,o obtata Ih"d " !fs P-ide Chairman/Otfer Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No %'D- TOrCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 May 14, 2015 Page # 3 Vincent Klinnert - Denied. (7:12 p.m.) Continued After additional consideration and discussion, Steve Schierer made a motion, second by Rod Boyer and carried with Ward Uggerud voting no, to deny the variance for that portion of the development (steps and platform) which is ahead of the 140’ setback which was previously approved on June 12, 2014. The length of the deck as constructed is 13’ longer than approved on June 12, 2014; however, it is not ahead of the setback as approved on June 12, 2014, and; therefore, no change to the deck is being required. It was also noted that the size and location of the deek does not negatively impact the adjacent properties. After additional discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to require that the steps and platform must be brought into compliance on or before, July 1,2015. United Sportmen’s Club - Variance application approved as requested. (7:28 p.m.) United Sportmen’s Club, Government Lots 3 and 4 and North Half of Northeast Quarter, Section 27 of Dead Lake Township by Dead Lake, requested the following: My uncle, James Leyde and I (Dereck Leyde) would like to replace our existing Mobile Homes with brand new larger ones. My (Dereck Leyde) current mobile home is 14 X 48 and I am looking to replace that with a 27.6 X 52.4. My uncle, James Leyde has a 10 X 50 and is looking to replace that with a 28 X 56, also, to include a 16 X 16 four season porch. Both of our mobile homes are more than 250 feet back from the lakeshore and over 1,500 feet from any property line. James Hauck, from our organization came before you in March of 2008 and was approved a variance for the same type of project, however, he was located within 200 feet from the lakeshore. I (Dereck Leyde) will be removing the shed located directly behind my current mobile home. Both James Leyde and I will meet all County requirements and setbacks. Per phone conversation - request not to file a conditional use permit application for this proposal. James and Dereck Leyde represented 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, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variances as requested in the variance application dated April 12,2015 and as depicted on the picture submitted with the variance application. It was noted that the variances as approved will allow James and Dereck Leyde to enjoy the same rights and privileges as others in this immediate area. It was also noted that both proposed structures will have their own separate septic systems. The variances as approved do not directly or indirectly grant any other variance for the proposed and/or future development. The Homestead at Ottertail - Variance application approved as requested. (7:33 p.m.) The Homestead at Ottertail, part of the Southeast Quarter of the Northeast Quarter and part of Government Lots 1 and 2, Section 29 of Otter Tail Township by Otter Tail Lake, requested the following: We are asking for a variance to allow us to have park model trailers (on RCU Sites) wider than 814 ft in the traveling mode. We wish to follow the Minnesota Statutes 2014 168.002 Subd 23 definition, which read as follows: Park Trailer. "Park trailer" means a trailer that: (1) exceeds 8-1/2 feet in width in travel mode but is no larger than 400 square feet when the collapsible components are fully extended or at maximum horizontal width; and (2) is used as temporary living quarters. "Park trailer" does not include a manufactured home.r scw;;;ed May 14,2015 Page # 4 -a The Homestead at Ottertail - Variance application approved as requested. (7:33 p.m.) Continued Greg and Beth Swanberg represented that applicant at the public hearing. The audience was polled with an individual wondering what would be next for this development and stating her disapproval with the entire project. After discussion and consideration, Rod Boyer made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the variance application dated April 21, 2015 noting the County Board’s plan to amend the ordinance to reflect the language found in Minnesota Statute 168.002. The granting of the variance does not alter the development plan as originally approved for this development by the Planning Commission, but does provide the applicant with the ability to obtain the required units for the development. Peterson Family Cabin LLC - Tabled. (7:45 p.m.) Peterson Family Cabin LLC, Southeast Half of Lot 9 and Northerly 15’ of Lot 8, Rosenquist Beach and part of Government Lots 3 and 4 and part of the Southwest Quarter of the Northwest Quarter, Section 15 of Eagle Lake Township by Eagle Lake requested the following: Peterson Family Cabin LLC requests their lakeshore tract on the southwest side of Eagle Lake being part of Lot 8 and 9 and the vacated road behind Rosenquist Beach identified as Parcel No. 18000990294000 and being 0.23 of an acre more or less, be separated from their back land property, identified as Parcel No. 18000150099000 and being 5.05 acres, so they can subdivide the back land property into 3 tracts as indicated on Anderson Land Surveying Certificate of Survey No. 7995. ' t'c?. ICoffee I—)—2-53 ^ The lakeshore traoc Is part of and adjoins the back land property; however there is a 33 foot wide Township Road easement for South Eagle Lake Trail visually separating the two existing parcels from each other. Pcz^rson Family Cabin LLC requests they be allowed to subdivide the back land by metes and bounds and In the following manner: Proposed Parcel A be declared a residential lot consisting of 4-7,4-89 square feet, 200.00 feet of frontage along the boundary closest to and most pa raIIel with Eagle Lake and 203..04 feet of frontage along the westerly line of the Township Road easement for South Eagle Lake Trail. All of the requirements for a back land lot from a General Development Lake are being met within Parcel A and are indicated on the survey d rawl ng Identified as Anderson Land Survey! ng Certificate of Survey isid. 7995. Proposed Parcel B be declared a residential lot consisting of 63,03X square feet, 350.90 feet of frontage along the boundary closest to and most parallel with Eagle Lake and 2X7.93 feet of frontage along the westerly line of the Township Road easement for South Eagle Lake Trail. The property lying easterly of and within South Eagle Lake Trail and northerly of South Eagle Lake Road Is part of Parcel B, however that portion easterly of the Township Road easement for South Eagle Lake Trail Is not to be considered a residential lot In Itself. All of the requirements for a back land lot from a General Development Lake are being met within Parcel B and are Indicated on the survey drawing Identified as Anderson Land Surveying Certificate of Survey IMo. 7995. Proposed Parcel C be declared a residential lot consisting of X09,450 square feet, 292.46 feet of frontage along the boundary closest to and most parallel with Eagle Lake and 588.84 feet of frontage along the north line of the Township Road easement for South Eagle Lake Road and 200.00 feet of frontage along the east line of State Trunk Highway No. 78. All of the requirements for a back land lot from a General Development Lake are being met within Parcel C and are Indicated on the survey drawing Identified a$ Anderson Land Surveying Certificate of Survey No. 7995. fS/la ny of the la ke lot owners In Rosenq ulst Beach have had the ded Icated public road corridor behind their cabins vacated In favor of using South Eagle Lake Trail as their access. As a metes and bounds subdivision It Is our intention to keep South Eagle Lake Trail as a 33 foot wide Township Road easement with no changes to the width of the easement ortho physical roa d way Itself. REcervEO APR 2 1 2015 UAMU a, RESot-'Rce f y ,^i^INNESOTA STATUTES 2014 j^S.0025 which the owner has made a declaration that the vehicle will be operated exclusively for personal use. declaration must be based on one or more of the following: (1) a change of vehicle use; (2) registration of a new vehicle; (3) transfer of vehicle ownership; or (4) registration renewal. Subd. 21b. One-ton pickup truck. "One-ton pickup truck" means any truck resembling a pickup truck with a manufacturer's nominal rated carrying capacity of one ton. If the manufacturer's nominal rated carrying capacity is not provided or is not known, then the value specified by the manufacturer as the gross vehicle weight rating as indicated on the manufacturer's certification label must be 10,001 pounds or more, not to exceed 15,000 pounds, in accordance with the definition of "commercial motor vehicle" in Code of Federal Regulations, title 49, section 390.5. Subd. 22. Owner. "Owner" means any person owning or leasing a vehicle, or having the exclusive use of the vehicle, under a lease or otherwise, for a period greater than 30 days. Subd. 23. Park trailer. "Park trailer" means a trailer that: (1) exceeds 8-1/2 feet in width in travel mode but is no larger than 400 square feet when the collapsible components are fiilly extended or at maximum horizontal width; and (2) is used as temporary living quarters. "Park trailer" does not include a manufactured home. Subd. 24. Passenger automobile, (a) "Passenger automobile" means any motor vehicle designed and used for carrying not more than 15 individuals, including the driver. (b) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans as defined in section 168.126. (c) "Passenger automobile" includes, but is not limited to: (1) a vehicle that is a pickup truck or a van as defined in subdivisions 26 and 40; (2) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; and (3) medium-speed electric vehicles, as defined in section 169.011, subdivision 39. Subd. 25. Person. "Person" has the meaning given in section 168A.01, subdivision 14. Subd. 26. Pickup truck. "Pickup truck" means any truck with a manufacturer's nominal rated carrying capacity of three-fourths ton or less and commonly known as a pickup truck. If the manufacturer's nominal rated carrying capacity is not provided or cannot be detennined, then the value specified by the manufacturer as the gross vehicle weight as indicated on the manufacturer's certification label must be Ipss than HkOOO" pounds. V. Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Re OTC Board of Commissioners’ Minutes April 14, 2015 Page 2 \p'<' .oented. Otter Tail County Flexible Benefits Plan Motion by Johnson, second by Rogness, and unanimously carried to authoi officials signatures to execute the Flexible Benefits Plan Document effective Jan \ Homestead At Ottertail Campgrounds Greg Swandberg, owner of The Homestead At Ottertail, requested that the fee for a variance from the recreational camping unit definition in the Shoreland Management Ordinance (SMO) be waived. The need for a variance is due to an unintended consequence of an Ordinance change. Discussion followed. Motion by Rogness, second by Johnson, and unanimously carried to waive $454.00 of the $500.00 Variance Application fee for The Homestead At Ottertail. The recording fee for the variance in the amount of $46.00 will apply. Commissioners requested that the notice to the public regarding this Variance Application clearly state the purpose for the variance relating to the size of recreational camping units i.e. park models. Bid Award - S.A.P. 056-608-026 After previously advertising for bids for Reconstruction of CSAH No. 8 in Perham with Street & Utility Improvements, bids were opened March 25, 2015. Motion by Rogness, second by Froemming, and unanimously carried to award S.A.P. 056-608-026 to Kuechle Underground, Inc. of Kimball, MN as the low bidder in the amount of $4,358,978.80. The County cost share of this project is $1,377,541.55. Bid Award - C.P. 15:TM After previously advertising for bids for the 2015 County Wide Traffic Marking project, bids were opened April 8, 2015. Motion by Froemming, second by Johnson, and unanimously carried to award C.P. 15:TM to Traffic Marking Service, Inc. of Maple Lake, MN as the low bidder in the amount of $290,367.91. County Highway Riqht-of-Wav Weed Control Quotations were received for the County Weed Control Project for 2015. Motion by Rogness, second by Froemming, and unanimously carried to award the Right-of-Way Weed Control project to L&M Road Services LLC of Lake Park, MN with the low quote of $34,500.00. Appropriate weed control data should be available to the County. Public Works Director Rick West indicated that the arrangement with control of noxious weeds throughout the County by the Soil & Water Conservation Districts is working well especially in the area of education to the public. Highway Department Contract Approval Motion by Froemming, second by Rogness, and unanimously carried to authorize the appropriate County Officials’ signatures to execute a contract between the County of Otter Tail and Central Specialties, Inc. of Alexandria, MN for Aggregate Surfacing Class 1 Shouldering Material. This contract is contingent upon the approval of the County Attorney. Erosion Restoration Project Mr. West briefed the Board on an EOT Soil & Water Conservation District (SWCD) Erosion Restoration project planned for right-of-way on County Road 51. Motion by Rogness, second by Johnson, and unanimously carried to approve Right-of-Way Restoration on the eastern side of CSAH No. 51 north of Perham along Little Pine Lake. About one acre of upland on the west shore of Little Pine Lake will be restored to upland prairie wildflowers and grasses. Estimated cost of the project is $11,823.00 with 75% covered by the SWCD and 25% by Otter Tail County. Adult Mental Health Local Advisory Committee Update Co-Chairs Luanne Hansen and Fonda Knudsen discussed the following goals of the Adult MH LAC; 1) to continue supporting the jail system’s mental health needs, 2) gain support and partnership of the faith community, and 3) looking at co-occuriing mental health issues. Public information regarding co-occurring MH issues will be presented at 6:30 p.m. on May 7, 2015 at M State in Fergus Falls. They indicated that the committee will need additional dollars for continued support and education in this area. ^scAi;;3 (f sliH-riawte. iS r 4/ Notice of Hearing for Variance otter Tail County Government Services Center 510Fir 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 OTT€R mil«9i«VTaia««i«va Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: The Homestead at Ottertail c/o Greg Swanberg 41701 295"^ St. Battle Lake, MN 56515 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 part of Government Lots 1 and 2 and part of the Southeast Quarter of the Northeast Quarter, Property Address - 41701 295*” St. Section 29, Township 134, Range 39 - Township Name - Otter Tail Lake No. 56-242, Lake Name - Otter Tail, Class -GD The variance requested is - the following; We are asking for a variance to allow us to have park model trailers (on RCU Sites) wider than 8V2 ft in the traveling mode. We wish to follow the Minnesota Statutes 2014 168.002 Subd 23 definition, which read as follows: Park trailer. "Park trailer" means a trailer that: (1) exceeds 8-1/2 feet in width in travel mode but is no larger than 400 square feet when the collapsible components are fully extended or at maximum horizontal width; and (2) is used as temporary living quarters. "Park trailer" does not include a manufactured home. H^ayne Stein Board of Adjustment Secretary Date: April 23, 2015 0If 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: The Homestead at Ottertail, % Greg Swanberg, 41701 295*^ St, Battle Lake, MN 56515 Otter Tail Lake Assoc., OTLPOA, PO Box 21, Battle Lake, MN 56515 Bradley Childs, Twp Clerk of Ottertail, 45679 Lamplight Drive, Ottertail, MN 56571 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 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 VjlBy: Vi Manderud DANIEL V & LYNETTE ARNOLD 1425 lOTH ST NW HOLLOWAY, MN 56249 1161 DONALD T & LINDA L ARMSTRONG 29717 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 9684 NANCY J ALDRICH TST 29881 HIGHLAND LOOP BATTLE LAKE, MN 56515 9683 FUDER TST 29773 HIGHLAND LOOP BATTLE LAKE, MN 56515 9620 KEITH & SHARON FLEISCHAUER PO BOX 222 OTTERTAIL, MN 56571 222 JAMES J & MONICA M CAMPBELL 29863 HIGHLAND LOOP BATTLE LAKE, MN 56515 BETTY L HALVORSON 29649 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 9686 CHARLES E & MAUREEN GRUNEWALD 29979 STATE HIGHWAY 78 OTTERTAIL, MN 56571 9649 JANET KGAFFORD 147 DYE LEAF RD FAIRVIEW, NC 28730 9650 HOMESTEAD HOLDING CO LLC 41701 295TH ST BATTLE LAKE, MN 56515 9685 NEALAHOEFFLIN PO BOX 2459 MAPLE GROVE, MN 55311 7459 MICHAEL F & KIMBERLY G HILGERS 2559 VIRGO PL E CHANDLER, AZ 85249 5239 LON L& JANET RLAGRAVE CMR 405 BOX 1799 APO, AE 9034 18 Kl LEY TST 306 226 S DR BUCKEYE, AZ 85326 2285 KERN TST 1512 4TH ST SW WADENA, MN 56482 2160 NAMES DAIRY 29564 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 9686 AARON MENZE ETAL 47705 COUNTY HIGHWAY 54 OTTERTAIL, MN 56571 9533 ROBERT A MACARTHUR 783 ROYAL OAKS DR N FARGO, ND 58102 1092 BEN A & DEE DEE OLSON 48867 STATE HIGHWAY 28 MORRIS, MN 56267 4420 NEUMAN FAM TST 725 HEATHROW AVE LADY LAKE, FL 32159 2298 JOHN E & JANET K NERMOE 29715 WAVEFRONT DR BATTLE LAKE, MN 56515 9628 MITCHELL E & PATRICIA POTOCKI 29829 HIGHLAND LOOP BATTLE LAKE, MN 56515 9683 ROBERT H PEDERSON TST 215 SKOGMO BLVD E APT 225 FERGUS FALLS, MN 56537 1297 BERTJR& SARA JANE OVERLAND 29723 ST HWY 78 BATTLE LAKE, MN 56515 9684 JAMES T& ANGEL M RICE 7363 LANGLYAVES COTTAGE GROVE, MN 55016 2420 JON SAETRE 110 CENTER ST E MADISON, SD 57042 2908 PUGH TST ETAL 29823 HIGHLAND LOOP BATTLE LAKE, MN 56515 9683 The Homestead at Ottertail c/o Greg Swanberg 41701 295'^ St. Battle Lake, MN 56515 ROBERT & PATRICIA K THIEL PO BOX 251 OTTERTAIL, MN 56571 251 SHORMA FAMILY TST PO BOX 701 WAHPETON, ND 58074 701 V,'WTiA*'***'^ DANNY D & KELLY J WIENBAR PO BOX 996 WAHPETON, ND 58074 996 JULIE RWOJCIK 1ST 610 7TH AVE ACKLEY, lA 50601 1410 MARIAN WALL TST 29811 HIGHLAND LOOP BATTLE LAKE, MN 56515 9683 RICHARD M & BARBARA A YAGGIE 1708 4TH ST N WAHPETON, ND 58075 3419