MEEKER COUNTY BOARD OF ADJUSTMENT MEETING
July 12, 2016
Full Audio Available Upon Request
The Meeker County Board of Adjustment met at the Meeker County Courthouse on Tuesday, July 12,
2016 at 5:00pm to consider the following variance applications and other business before the Board.
Members present were Chairman Dahlman, Anderson, Slinden, and Zoning Administrator Cote.
Dahlman calls the meeting to order at 5:00pm.
The board states their names for voice recognition.
Dahlman asks the board if they have any corrections or changes to the May 12, 2016 meeting
minutes. One is noted on page 3.
Anderson makes a motion to approve the minutes.
Slinden seconds the motion.
Motion carried 3-0.
5:03pm
Chairman Dahlman opens the public hearing for Roger & Diana Ross Carlson, 32299 742nd Avenue,
South Haven, MN 55382. That Part of Government Lot Three (3), more fully described in the
application. Section Eleven (11). Township One Hundred Twenty (120), Range Twenty Nine (29),
Kingston Township. An application for an Area Variance to exceed the maximum allowed 2400 square
feet of two permitted accessory buildings in the A-1 Agricultural Preservation District and within the
Shoreland District.
Roger and Diana Carlson and Mike Housman are present for this hearing.
Cote: This property is a 2.36 acre non-riparian metes and bounds property which is zoned A-1 and
located within the Shoreland District to Lake Francis. The property was established after the Shoreland
Ordinance of 1972 and is compliant to the size requirements in place at the time in which it was
established. Currently on-site there is a house with an attached deck and garage constructed in 1993, a
detached 24’ x 36’ pole shed, a small 8’ x 10’ shed, a SSTS system installed new in 1993 which last
passed a compliance in 2000 and a domestic water well. When you have a property located in a zoning
district and an overlay the more restrictive zones requirements are the ones that must be adhered to.
For a property that is between 1 and 2.49 acres in the Shoreland District the maximum combined square
footage of the two permitted detached accessory buildings is 2400 square feet. In addition to the two
sheds previously mentioned you are permitted one shed less than 200 square feet in area that is not
computed towards your maximum square footage. The property owner is now proposing to construct
an additional 42’ x 56’ shed (2352 square feet). If this shed is constructed the total square footage for
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the two permitted accessory buildings would be a total of 3,216 square feet on this lot. All other
setback requirements will be able to be met.
Variance required: 816 square feet over maximum allowed 2400 square feet (3,216 total)
2.5 to 4.99 acres allows for 3200 square feet.
5 to 9.99 acres allows for 4000 square feet.
Cote states that the next step up for shed size in the shoreland district is for lots between 2.5-4.99 acres,
which allows for 3200 square feet.
Slinden states that it looks like a nice size and level lot. He doesn’t think it would affect the neighbors.
Anderson agrees.
Cote states that the DNR has made no comment.
Dahlman says that they are very close to the next step up, which would allow them to be right where
they are at.
Cote states that if the board decides to approve this application, a septic compliance will be needed.
Carlson states that they are putting in a new septic system, which is already in the works.
Slinden makes a motion to close the public hearing.
Anderson seconds the motion.
Motion carried 3-0.
Anderson makes a motion for approval of 816 square feet over the maximum permitted 2400 combined
square feet for the permitted two (2) accessory buildings on a property within the Shoreland District to
construct a detached accessory building with the conditions that a passing compliance inspection or a
design for a new compliant septic system be submitted prior to any permits being issued for this
construction, erosion control be installed and maintained during construction until permanent
vegetative cover is re-established to prevent the erosion of material into sensitive areas and that all
permits be obtained prior to commencing construction
Slinden seconds the motion.
Motion carried 3-0.
5:10pm
Dahlman opens the public hearing for Abraham & Janet Hofmeister, 6632 Lamplight Drive, Albertville,
MN 55301. Property located at 37385 657th Avenue, Watkins, MN 55389. Lot Ninety Two (92),
Gemma Shores, Clear Lake, Forest Prairie Township. An application for an Area Variance to construct
a dwelling in variance to the required 35’ setback to the road right of way, in variance to the minimum
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required 800 square feet of building on a permanent foundation and in variance to the required 75’
setback to the Ordinary High Water Level of a Recreational Development Lake in the R-1 Suburban
Residential District and within the Shoreland District.
The Hofmeister’s are not present.
Due to Hofmeister’s absence, Slinden makes a motion to continue this hearing to the end of the
hearings this evening.
Anderson seconds the motion.
Motion carried 3-0.
Dahlman opens the public hearing for Ryan Clouse (applicant), 1055 Goebel Street, Hutchinson, MN
55350 and Richard & Wendy Hantge (owners), 66522 CSAH 33, Darwin, MN 55324. Property located
at 66532 CSAH 33, Darwin, MN 55324. That Part of Lot Four (4), more fully described in the
application, Lakeview Addition, Lake Stella, Ellsworth Township. An application for an Area Variance
to reconstruct an existing cabin and deck and to construct a 4’x28’ addition to an existing cabin in
variance to the required 100’ setback to the Ordinary High Water Level of a Recreational Development
Lake in the R-1 Suburban Residential District and within the Shoreland District.
Ryan Clouse, Rich Hantge and Don Hanson are present for this hearing.
Cote: This property is an R-1 zoned riparian property located in the plat of Lakeview Addition on Lake
Stella in Ellsworth Township. The plat of Lakeview Addition was made before the Shoreland Ordinance
of 1972 and the lots are small in width, depth and area. This property owner owns a portion of lot four
and a small metes and bound tract between the lot and the road which was established when CSAH 33
was reconstructed. On this property there is an existing cabin with attached deck constructed in 1957, a
detached garage constructed in 2009, a SSTS system installed in 1997 which passed a compliance
inspection 3/18/16 and a domestic water well. To allow for the construction of the garage in 2009
variances were granted to the road, side, and lake setbacks and also a variance to allow to above the
maximum allowed 25% of impervious surface on a lot. The existing property owner purchased this cabin
in 2016. The applicant commenced removal of a large portion of the existing cabin prior to making
application for a variance or building permit. The applicant is now asking for a variance to the lake to
reconstruct the existing cabin and deck and to add a 4’ x 28’ addition to the easterly side of the existing
cabin. Currently the deck is approximately 3’ from the Ordinary High Water Level.
Variances required.
House to Lake – 100’ required, 10’ requested, 90’ variance.
*
*
Verify Lake Setback – Deck overhang to lake 6’ to most 10’.
Maximum allowed on lot 4 is 1799. Variance granted to allow 1023.39 square feet over for a
total of 2822.39 square feet of impervious (check impervious coverage). 2 lots equals .26 of an
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acre = 11, 325 square feet x .25 = 2, 831.40 square feet. (Impervious equals 2784. = 112 for
addition, 1000 square feet concrete, 696 hse, garage 560, deck 416)
*
Verify Lot size with metes and bounds piece.
*
Verify setback from house addition to shed. – Shed gone shed was 294 square feet (14 x 21) new
addition is 112 square feet.
Sides Okay – 20.6 feet on the east side
25.3 feet on the west side.
A condition of approval of the 2008 CUP was the land between the road and lot to be purchased, which
occurred.
Assessor Records show 3266 square feet including concrete.
Cote states that the impervious coverage is fine. At the time of the variance in 2009 Mr. Wester didn’t
own the metes and bounds piece and they also removed a 294 square foot shed. They are currently
allowed 2831 square feet.
The neighbor, Don Hanson, says he supports this construction.
The applicants state that the framing is going to stay and everything else will be new. They will be
rebuilding the deck, but making it 2 feet shorter.
Anderson makes a motion to close the public hearing.
Slinden seconds the motion.
Motion carried 3-0.
Dahlman makes a motion to grant a variance of 90’ to the required 100’ setback to the Ordinary High
Water Level of a Recreational Development lake to reconstruct an existing cabin and deck; add a 4’ x 28’
addition to the easterly side of the existing cabin and change the pitch in the roof of the cabin, all within
the R-1 Suburban Residential District and the Shoreland District with the conditions that the deck may
cantilever out no more than twenty-four (24) inches beyond the deck post towards the lake, erosion
control must be installed and maintained during construction until permanent vegetative cover is reestablished to prevent the erosion of material into sensitive areas and that all permits be obtained prior
to continuing any construction on this project.
Slinden seconds the motion.
Motion carried 3-0.
5:23pm
Dahlman opens the public hearing for Warren Fossum Trust (owner) 14424 S Portland Ave, Burnsville,
MN 55337 and Hjerpe Contracting (applicant), 16246 Hwy 15 S, Hutchinson, MN 55350. Property
located at 19421 708th Ave, Dassel, MN 55325. That Part of Government Lot Three (3), more fully
described in the application. Section Seventeen (17), Township One Hundred Eighteen (118), Range
Twenty Nine (29), Pigeon Lake, Collinwood Township. An application for an Area Variance to install a
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septic tank and a drainfield in variance to the required 150’ setback to a Natural Environmental Lake
in the A-1 Agricultural Preservation District and within the Shoreland District.
No one is present for this hearing.
Cote: This property is an A-1 Agricultural Preservation District zoned parcel of land located on the
southeast side of Pigeon Lake. This property was established before the shoreland ordinance of 1972
and the lot is small in both area and depth. Currently on this property there is a house with attached
garage constructed in 1976, a failing SSTS system and a domestic water well. Applicant is proposing to
install a new compliant three bedroom mound septic system on this property and is requesting
variances to the required 150’ setback to the OHWL of Pigeon Lake which is a N.E. lake for both the tank
and the drainfield.
Requested:
Drainfield – required 150’ setback, requested 75’ setback – 75’ variance.
Tank – required 150’ setback, requested 70’ setback – 80’ variance.
The board measured:
Drainfield – required 150’ setback, requested 130’ setback – 20’ variance.
Tank – required 150’ setback, requested 120’ setback – 30’ variance.
The board feels they were reasonable and fair with their measurements. It’s an adequate location,
because the lake side is a bluff.
Dahlman states that this property has a shared driveway. He is wondering if they have an easement on
the driveway. If they don’t have an easement on the driveway, they will have to push the septic system
to the north to allow room for a driveway.
Anderson makes a motion to close the public hearing.
Slinden seconds the motion.
Motion carried 3-0.
Dahlman makes a motion to approve a variance of 30’ for the installation of the drainfield and a
variance of 40’ for the installation of a septic tank from the required 150’ setback to the Ordinary High
Water Level of a Natural Environment Lake in the A-1 Agricultural Preservation District and within the
Shoreland District with the conditions that a copy of a recorded easement be provided to the Planning
and Zoning Office showing the legal right of ingress/egress to this property from the property to the
southwest or a survey be provided showing the entire existing driveway is located on this property prior
to installation of said septic system, erosion control be installed and maintained during installation of
this septic system until permanent vegetative cover is re-established to prevent the erosion of material
into sensitive areas and that all permits be obtained prior to commencing this installation.
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Slinden seconds the motion.
Motion carried 3-0.
5:34pm
Dahlman opens the continued public hearing for Abraham & Janet Hofmeister, 6632 Lamplight Drive,
Albertville, MN 55301.
There is still no one present for this hearing.
Cote: This property is an R-1 zoned riparian property located in the plat of Gemma Shores on Clear Lake
in Forest Prairie Township. The plat of Gemma Shores was made before the Shoreland Ordinance of
1972 and the lots are small in width, depth and area. Clear Lake is designated as a Recreational
Development lake. This property is served by the municipal septic system which serves a portion of
Clear Lake. Currently on this property there is a 440 square foot cabin, constructed in approximately
1940 and a domestic water well. The property owner is requesting to be allowed to remove the existing
cabin and replace it with a 670 square foot cabin. As per the Meeker County Zoning Ordinance a
minimum of 800 square feet on a permanent foundation is required for a dwelling. This proposed
construction also requires variances to the lake and road. The applicant is not proposing to come any
closer to the lake than the current location of the existing cabin.
Variances required:
Required 75’ to OHWL, requested 33.5’ Variance Required: 41.50’
Required 35’ to Right of Way, requested 20’, Variance Required: 15’
130 square feet from the required 800 square feet on a permanent foundation for a dwelling (670
square feet requested).
As measured existing cabin is:
30’ to OHWL
8’ to side on north
21.5’ to side on south
32’ to road right of way
Well Location is OK.
8 x 8 shed was removed prior to viewing.
****100 year elevation of 1133.5 – as per the floodplain ordinance
2.41 Regional Flood – A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristics of what can be expected to occur on an average
frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term
“base flood” used in the Flood Insurance Rate Map.
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2.42
Regulatory Flood Protection Elevation – The Regulatory Flood Protection Elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the flood plain that result from designation of a flood way.
Lowest elevation must be 1134.5.
Cote states that they will have to build up the foundation.
Dahlman says that generally the closest the board ever allows anyone to come to the road right of way
is 25’. They are at 20’.
Cote states that there is quite a bit of area between the right of way and the driving surface.
Anderson thinks it might be a good idea to continue the public hearing and meet out at the property
again.
The board looks over the measurements.
Cote suggests continuing the hearing to the August 2nd meeting, so the board can get some of their
questions answered.
Slinden makes a motion to continue this public hearing to the end of the August 2, 2016 meeting.
Anderson seconds the motion.
Motion carried 3-0.
6:15pm
Anderson makes a motion to adjourn.
Slinden seconds the motion.
Motion carried 3-0.
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