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Home My WebLink AboutJones_20000990269000_Variances_10-13-2016/0-/3- 1181878 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 10/18/2016 11:05 AM CO SCO COCO — CsiCDCO CM FEE; 46.00 PAGES 6 WELL CERTIFICATE REC'D: N o■M- O" - • V ^ * fc- • • 'CO 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 Application Fee Receipt Number '"Zo\\o~ Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK Qf/fn DAYTIME PHONE 7Q} ^7l ( | PhJ^ . 5i. ./in AJ S>9/7 V7 C^iyVL^ _______LAKE CLASS RANGE TOWNSHIP NAME ^ PARCEL \ ^ NUMBER3^O0P’^*^O"2-LtfU) OCO C2^7Z.QGDaddress MAILING ADDRESS /OO PROPERTY OWNER 6>LhCA -\7.fiLAKE NUMBER LAKE NAME IS4>n 2-SECTION TOWNSHIP LEGAL DESCRIPTION lO (^(_j2' “tz? H:> M - - - ' 3-SM/vi- ^ W I//- lo-f M Uil 10 -R-vASl'^'&gg^^lT a \/A6 M\ TYPE OF VARIANCE REQUESTED (Please Check) X Structure Size Sewage System Subdivision Cluster Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.iLeOLU-e^r A Sc)'sioe^yMLO S.FT ilO |3/t /V 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 REGAR^NG THIS MATTER. SIDMATURE OF/PROlfE WNER MUST BE PRESENT AT THE HEARINGAPPLI (Applicant Will Receive Notification As To The Date/Time Of Hearing) 7- SiSTimeDate Of Hearing Motion Jeffrey and Ann Jones - Variance application approved as requested. (7:25 p.m.) After discussion and consideration. Jack Rosenthal made a motion, seconded by Darren Newville and carried with Paul Larson and Steve Schierer voting no, to approve a variance of 20’ from the required side lot line setback of 50’ for a 30’ side lot line setback for a proposed residence (planned unit development) as depicted on the drawing submitted with the variance application. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Chairman/Otter Tail County Boarcf 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 Official/Date bk 0106-001 V. Lundeen 324855 Jeffrey and Ann Jones - Variance application approved as requested. (7:25 p.m.) Jeffrey and Ann Jones, the West Half of Lot 4, Lot 5, Lot 6, Lot 7, Lot 8, Lot 9 and Lot 10 Ryan’s Beach and part of Govenunent Lot 3, Section 2 of Edna Township by Little McDonald Lake, requested the following: Request a 30’ side yard setback in lieu of required 50’ side yard setback for a planned unit development. The audience was polled with David Durick requesting that access to the applicant’s property be address as a part of this variance hearing. Mr. and Mrs. Jones access their property by crossing a portion of Mr. Durick’s property. A letter from Anthony J. Stoll, Principal Architect for BHH Partners in support of the requested variance was read for the record. A letter from Jan and Mary Kay Bloom expressing concerns with the access to the Jones property was read for the record. After discussion and consideration. Jack Ro.senthal made a motion, seconded by Darren Newville and carried with Paul Larson and Steve Schierer voting no, to approve a variance of 20’ from the required side lot line setback of 50’ for a 30’ side lot line setback for a proposed residence (planned unit development) as depicted on the drawing submitted with the variance application. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Carol Olmstead - Variance application approved as requested. (7:50 p.in.) Carol Olmstead, part of Lot 1 and part of Reseiwe Lot F Block 1 Leaf Lake Pleasure Grounds, West Leaf Lake in Leaf Lake Township, requested the following: This application is to request a variance of 56’ fiom the ordinary high water level setback requirement of 100’, a variance of 6’ from the required shore impact zone setback of 50’, and a variance from the 260 square foot minimum impervious surface requirement. Existing cabin is setback from ordinary high water level 44'. Owner is reque.sting a permit to replace older 20’ by 20’ portion of existing cabin with a new 30’ by 28’ addition. Proposed addition is no closer to lake than the existing structure. Proposed addition is similar to neighboring structures in distance from lake. The proposed addition does not obstruct natural drainage nor interfere or obstruct view from adjacent properties. Lori Beck, co-owner and Sam Bellig, 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, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve a variance of 56’ from the required ordinary high water level setback of 100’, a variance of 6’ from the required shore impact zone setback of 50’ and a variance from the 260 square foot minimum impervious surface requirement for the replacement of a 20’ by 20’ portion of an existing cabin with a new 30’ by 28’ addition being 44’ from the ordinary high water level as described in the variance application and as depicted on the drawing submitted with the variance application. It was noted that the proposed addition will be no closer to the lake than the existing structure. It was also noted that the proposed location is consistent with other stnictures m this immediate neighborhood. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development. Norwood Sisson - Variance application approved as requested. (7:58 p.in.) Norwood Sisson, Lots 12 and 13 Block 1 Pelican Beach, Pelican Lake in Scambler T ownship, requested the following: Present cabin is 4’ off of abandon street, would like to build an addition (6’ by 6’) to existing cabin, setback from abandon street would be same (4’) setback with covered porch and 10’ setback for additional living space. Also roof tie in to existing structure will be 70’ from shoreline. Note - required setback to lake is 75’ and to lake street is 20’. The audience was polled with no one speaking for or against the variance as requested. Mike Lovelace represented the applicant at the public hearing. After discussion and consideration, Paul Larson made a motion, second by Jack Rosenthal and unanimously carried, to approve the variances as requested for the development as proposed in the variance application dated September 21, 2016 and as depicted on the drawing submitted with the variance application. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development. Alan Joe - Variance application approved as requested. (8:02 p.m.) Alan Joe, part of Government Lot 1, Section 5 of Lida T ownship by Rusli/Lizzie Lake, requested the following: request a variance to build 82’ closer than the required 200’ setback for the dwelling. Also a 46’ variance for the detached garage. Brandon Tweeton 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, Darren Newville made a motion, seconded by Thomas Lee and unanimously carried, to approve variances of 46’ and 82’ from the required ordinary high water level setback of 200’ for the placement of a 26’ by 46’ dwelling 118’ from the ordinary high water level and for the placement of a 24’ by 32’ detached garage 154’ from the ordinary high water level. The hardship/practical difficulty is the depth of the lot, which does not provide adequate depth to meet the required 200’ setback. The variances as approved do not directly or indirectly grant any other variances for the proposed development of for any future development. October 13, 2016Page I 3 otter Tail County, Minnesota Accuracy is not guaranteed. NOT to be construed or used as a legal description. y oo I ! Eg 1 IS r "■S ^ a50 m m[laij I200 ft :opyright 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENCE purposes only. THIS IS NOTA LEGAL DOCUMENT. Tue Sep 20 2016 10:36:37 AM. IMPERVIOUS AREA I|| o 8 ^§ -j<®" riPROPOSED LAKE HOME fPOOTPRlNTj = 5S34 S.F. PROPOSED COVERED ENTRY AREAS = 321 PROPOSED COVERED PATIO PROPO^D PATIO PROPO^D WALKS DRiv^ (Exist, proposed * futui^ = 20^44 s.f. EXISTING BUILDINSS existing boat landing I S.F.(O>0= IS4 S.F. = 130 S.F.£K| '^1= 4S4 S.F.• •>-oQ . .= 6,4^^ S.F.ili toCOQ £z= sas S.F.E<0 I S OZ Z lii ^ U Eo UJ CD b =iO TOTAL IMPERVIOUS = 34,2TO S.F.NO ^ I ^ Q Q U oi586OVERALL LOT SIZE (APPROXIMATE; TOTAL IMPERVIOUS COVERASE = 232,663 S.F.<N = I4.T %U- oBUILDINS IMPERVIOUS = 5S %--------^1384 A082 <xO 4 4 1380— — ---------1313 m GzO O moto so O ro 60" <N H.m LO'O to Z z z<I qCLUCL O >-LU b DLO <ul mgto LU><LJJ<ZQZaCro ooLOSO 10 00 z3XoooCO m^daJ LU <sI- " ~58 ^APPROX. CURF^NT WATER LINE Q_-56 LUVERED<PATIO CO Q UJi LOCATION OF 15' OHW SETBACK STAKED BY OTTER TAIL COUNTY ON OT/I5/I6 toI-U c LU bAPPROXIMATE LOCATION OF WELL I OuQLITTLE MCDONALD LAKE cC o< 0“(OLAKE NO = 56-326 cCLULAKE CLASSIFICATION = 6ENERAL DEVELOPMENT ZORDINARY HI6H WATER ELEVATION = 1355.6 FEET PER MNDNR (NCVD 142^; RICHEST RECORDED WATEfI ELEVATION = I360.IT FEET PER MNDNR (NCVD 1424; WATER ELEVATION RECORDED ON OT/IT/16 = 1356.42 FEET PER MNDNR (NCVD 1424; z h- O.□ CONCf^TE APPROXIMATE ORDINARY BOAT LANDINC HICH WATER LINE FISH CLEANINC HOUSE W DECK SHEET NUMBER: A-1PLAN NORTH NORTH PROP.PROPOSED SITE PLAN I20'I60'O' 30' 60' SCALE - I" = 60'-0" Jan & Mary Kay Bloom 100 Peterson Street Lignite, ND 58752 (701) 933-2395 TO: Otter Tail County Board of Adjustment Notice of Hearing for Variance/Jeffrey T. & Ann R. Jones DATE: October 13, 2016 We purchased the property adjacent to Jeffrey & Ann Jones and have concerns regarding their planned unit development. When purchasing our property at 38380 North Little MacDonald Road, we were unaware of any easements with the Jones. After much research, we have yet to find any documentation supporting Mr. Jones continued use of the trail across our property. Our future plans include leveling our property and possibly building a garage which would eliminate this trail completely. Mr. Jones appears to be under the impression that he can control the development of our property and use our only access to our property for his convenience when he has alternate access on a road. It is our hope that Mr. and Mrs. Jones develop their own access to their planned development at 38395 Teal Lane if they are unhappy with their current access. / bhA.tiers PLANNERS / ARCHITECTS October 10, 2016 Bill Kalar Otter Tail County Government Services Center Land & Resourced Management 540 West Fir Avenue Fergus Fails, MN 56537 I Dear Bill, :We would like to provide some comments regarding the variance request submitted by Jeff and Ann Jones for their lake property on the north side of Little McDonald Lake. We have been engaged to assist Jeff and Ann with the design of a new single family home for their property.; As you know this property was extensively used for many years as a resort with multiple structures scattered throughout the site along with 8 to 10 dock/lift structures spread out along the shoreline. Since purchasing the property Jeff and Ann have removed many of the structures from the site and substantially reduced the lakeshore usage. Our office has been working with Jeff and Ann to develop a single family residence to replace the multiple trailers that were previously located along the shoreline. We understand that the property is still considered a planned unit development (PUD) which requires a 50’ side yard setback. We completely agree with and understand this setback requirement as it pertains to most PUDs due to the increased density and use normally created by a PUD. However, Jeff and Ann are proposing to replace the multiple structures on the site with a single family/year round home. Based on this approach we feel that they have a very valid request for a variance from the side yard setback. A few other points to consider: i • The 30’ setback is three (3x) times the distance required for a standard residential side yard setback. • Pushing the building further west to allow for the 50’ setback would require substantially more cut and fill on site for the excavation of the garage and driveway. • The building is currently pulled back from the lakeside setback to provide more separation between the proposed house and lakeshore. Requiring the 50’ side yard setback would require the home to be slid up closer up to the lakeside setback to allow for proper clearance along the north side of the home. • Jeff and Ann were also trying to locate the home to avoid removal of several existing trees on the site. Moving the house to the 50’ setback would require removal of several of these large mature trees. In closing, we hope that your Office, along with the Board of Adjustments will take into consideration the request for a variance based on these unique site conditions. Please feel free to contact my office with any comments or questions that you may have. Sincerely, ftBlI, AIA ihitect Anthony J. Principal A i AJS/jak cc: Jeff & Ann Jones, File P.O. BOX 185 / 650 y‘ AVE SE, STE 10 PERHAM, MN 56573 218.346.4505 PH 218.346.4507 FX P.O. BOX 2113 / 560 E ADAMS AVE ^ SILVERTHORNE, CO 50498 970-513-1000 PH 970.513.0155 FX P.O. BOX 931 / 160 E. ADAMS AVE. BRECKENRIDGE, CO 80424 970.453.6880 PH 970.453.6888 FX \v\v\v.bhhpartners.com Bill Kalar Bill Kalar Tuesday, October 11, 2016 8:01 AM 'Tony Stoll' RE: Jones Lake Home From: Sent: To: Subject: Hi Tony - I will forward your letter to the Board of Adjustment. Bill Kalar Land & Resource Mgt. 218-998-8105 A'OTTCR trii From: Tony Stoll rmailto:TStoll(a)bhhmn.com1 Sent: Monday, October 10, 2016 4:19 PM To: Bill Kalar Cc: Jeff T Jones Subject: Jones Lake Home Good Afternoon Bill, I just wanted to send thru a letter with some comments that I had regarding the variance request submitted by Jeff and Ann Jones for their Little McDonald Lake property. I believe that they are scheduled for the Board of Adjustment Meeting this Thursday. I hope that it is ok that I email this letter directly to you. I wasn't sure that it would make it if I mailed it, Columbus Day Holiday. Let me know if you have any questions or concerns with the letter. due to the Thanks, Tony Anthony J. Stoll, AIA Principal Architect bPLANNERS / ARCHITECTS 650 3rd Avenue Southeast, Suite 10 PO Box 185 Perham, MN 56573 218-346-4505 218-346-4507 (fax) So many wonderful ideas all in one place.visit our website at www.bhhpartners.com 1 Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.ptter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Jeffrey T. and Ann R. Jones 2034 100'^ Ave S Horace, ND 58047 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 13, 2016 at 6:30 p.m.■I: i ^in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public :V 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 West Half of Lot 4, Lot 5, Lot 6, Lot 7, Lot 8, Lot 9 and Lot 10 Ryan’s Beach and party of Government Lot 3, Property Address - 38395 Teal Lane Section 02, Township 136, Range 40 - Township Name - Edna Lake No. 56-328, Lake Name - Little McDonald, Class - GD The variance requested is - the following: Request a 30’ side yard setback in lieu of required 50’ side yard setback for a planned unit development. Wayne Stein Board of Adjustment Secretary September 23, 2016 V ■: : 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 27th, day of September, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jeffrey T and Ann R Jones, 2034 lOO"’ Ave S, Horace, ND 58047 9709 Echo Dockter, Twp Clerk of Edna, PO Box 114, Dent, MN 56528 Little McDonald Lake Assoc., James Nigg, 38576 455*'^ ST, Frazee, MN 56544 McDonald Lake Imp. Dist., PO Box 133, Perham, MN 56573 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 565l5 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 Darren M Newville, 614 6*^ St NE, Perham, MN 56573 Jack Rosenthal, 150 Willow Road, Ottertail,MN 56571 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 27th, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment ViBy: Vi Manderud ■i JAN N & MARY K BLOOM 100 PETERSON ST LIGNITE, ND 58752 3000 ALLAN &JOHNNE BIERDEMAN 1202 42ND AVE N FARGO, ND 58102 5316 DOUGLAS R & JOAN H ACKLING 38352 LITTLE MCDONALD DR N FRAZEE,MN 56544 8930“v BRETT A & LAURA E BRUDVIK 4267 HOUKUM CTS FARGO, ND 58104 6088 VAUN ROY BRUHN 45531 385TH AVE FRAZEE, MN 56544 8928 VAUN R & PAMELA JO BRUHN 45531 385TH AVE FRAZEE, MN 56544 8928 DAVID D & SHAYLA J DURICK 714 VILLA PARK \A/AY WEST FARGO, ND 58078 4366 WILLIAM R & LORA LEE CARD 3215 124TH AVE NE UNIT H BLAINE, MN 55449 6089 JOAN D L COVINGTON 38318 LITTLE MCDONALD DR N FRAZEE, MN 56544 8930 JEFFREY T& ANN R JONES 2034 lOOTH AVE 5 HORACE, ND 58047 9709 DONNA J HOKANSONTST 1522 3RD ST N FARGO, ND 58102 2330 GUCK FAMILY TST 38424 TEAL LN FRAZEE, MN 56544 8929 ■ - , CHARLES J & KYLE M LEFEBVRE 22517 JARVIS ST NW ELK RIVER, MN 55330 9610 HAROLD B LEGREID TST 6801 FOUR PEAKS WAYS CHANDLER, AZ 85249 9089 LUKE LENIUS 38346 460TH ST FRAZEE, MN 56544 8927 WILLIAM P & REBECCA NORRIS 38446 TEAL LN FRAZEE, MN 56544 8929 MARK R LENIUS 300 MAIN STWSTE E PERHAM, MN 56573 1246 JAMES P& LINDA NIGG 38576 455TH ST FRAZEE, MN 56544 9444 CAROL M SCHMIDT & R BJELLAND 18617 85TH AVE N MAPLE GORVE, MN 55311 1668 SETH T&HEATHER K NOVAK 7427 MAPLE CIR HORACE, ND 58047 4710 JERRY A & MARJORIE A OTTESEN 38444 TEAL LN FRAZEE, MN 56544 8929 JOHN E & TAMMY J SCHULTZ 36717 460TH ST ■ FRAZEE, MN 56544 8936 BRUCE H & CAROL J WESSMAN 1420 23RD STS FARGO, ND 58103 3709 MICHAEL J & ABBY N WALLIN 38377 LITTLE MCDONALD DR N FRAZEE, MN 56544 8930 1 • ■'!