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Home My WebLink About60000990284000_Variances_08-11-2005&-11-200S 982203 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 982203 this instrument # was fiied/recorded in this office for rec(^ on the_D_day of 2005 atM@)pm r br- M^galf^ounty ReorderWend< by:,v fecordingfei/ well certificate J. ^ 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 ^00-Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date M- q52'q24-532ir(.w) DAYTIME PHONE lie?,PROPERTY OWNER HotIl H -<-tCfldViri^n ft MAILING ADDRESS IH5D0 ftve ■ M Mouple OfCve^ MN _______ LAKE NAME $OL.rho Ten M.tg ________________ RANGE DM2, TOWNSHIP NAME To root, LAKE CLASS MLAKE NUMBER 5(£»-Ctt.^ SECTION 2.1 TOWNSHIP l3t E-911 ADDRESSP>eTioge.n _________ _______ftoriFerD Dciv/e- 5(p3ZM PARCELNUMBER R-CpOQDO^^I 02-g^ ODCj LEGAL DESCRIPTION S ‘/i of LcT 1^ and ixLL of LD-f '5 Pl_AT 002.-11 Camp T^OSCt TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size ClusterSewage System Subdivision Misc. SPECIFY VARIANCE REQUESTED cu vctrtav\ce A'CUT ^urVt?Lj 4o -Hvi- y’o2\^ a. j^vy I circxtOL/v-j buy KeX'Ho (^e e)<ip(Qnccf( 6>n 4 \2J TV5 ^ L^ lo+ -(or -H^e "HaJo C<9nn^i^S ' CXYT 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. fi- SIGNATURE OF PROPERTY OWNER Vah)A DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) TimeDate Of Hearing Motion Mark H and Kathryn R Biederman - Approved the variance as modified with a condition. (8:12 p.m.) After discussion and consideration, Cecil Femling made a motion, second by Rod Boyer and unanimously carried, to approve the placement of the proposed 24’ by 32’ garage/dwelling 22’ from the existing blacktop with the condition that access to the garage must be from the lot and not directly from the road. Hardship is the terrain of the applicants’ property. Chairman/Otter Tail Couiity Board of Adjustment Permit(s) required from Land & Resource Management /i ^ Yes (Contact Land & Resource Management) No M.Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0903.001 315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota August 11, 2005 Pape #3 John A and Joanne A Molstre - Denied. (7:40 p.m.) John A and Joanne A Molstre, Lot 11 Olson's North Shore and part of Government Lot 5, Section 2 of Eagle Lake Township by Eagle Lake, requested a variance of 45’ from the required ordinary high water level setback of 75’ and a variance of 8.5’ from the required shore impact zone setback of 37.5’ for the enclosure of two existing porch areas and a variance of 3’ from the required side lot line setback of 10’ for an addition to the north side of the existing structure 7’ from the lot line. The applicants noted that they are no longer requesting the side lot line variance of 3’. Thej audience was polled with no one speaking for or against the variance as requested. After discussion andj consideration, Rod Boyer made a motion, second by Cecil Femling and carried with Paul Larson and Michael Conlon voting no, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and the proposed development on the lakeside of the cabin is within the shore impact zone. Patrick and Kathleen Skelly - Approved the variance as requested. (7:50 p.m.) Patrick and Kathleen Skelly, part of Government Lot 10, Section 26 of Candor Township by Loon Lake, requested a variance of 73’ from the required ordinary high water level setback of 100’ and a variance of 23’ from the required shore impact zone setback of 50’ for the repair of an existing building located 27’ from the ordinary high water level, a variance of 59’ from the i|equired ordinary high water level setback of 100’ and a variance of 9' from the required shore impact zone setback of 50' for an addition to an existing structure 41' from the ordinary high water level and a variance of 25’ from the required setback of 75’ for the placement of a septic holding tank 50’ from the ordin|ary high water level. The audience was polled with no one speaking for or against the variance as requested. A letter from Mary and Tim Wieben in support of the variance as requested was read for the record. After discussion and consideration, Cecil Femling made a motion, second by Rod Boyer and carried with Steve Schierer voting no, to approve the variance as requested and as depicted on the drawing submitted with the variance application. Hardship is the terrain and topography of the applicants’ property. Mark H and Kathryn R Biederman - Approved the variance as modified with a condition. (8:12 p.m.) Mark H and Kathryn R Biederman, part of Lot 14 and all of Lot 15 Camp Tynset, South Ten Mile Lake in Tumuli Township, requested a variance of 15’ and a variance of 12’ from the required road right-of-way setback of 20' for the placement of one corner of the proposed 24' by 32' garage/dwelling 8' from the road right-of-way and for the placement of the other corner of the proposed 24' by 32’ garage/dwelling 5’ from the road right-of-way. A letter from Tumuli Township requesting a setback of 22’ from the edge of the existing blacktop was read for the record. A letter from Tony and Judith Rivera in support of the variance as requested was read for the record. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Cecil Femling made a motion, second by Rod Boyer and unanimously carried, to approve the placement of the proposed 24’ by 32’ garage/dwelling 22’ from the existing blacktop with the condition that access to the garage must be from the lot and not directly from the road. Hardship is the terrain of the applicants’ property. Eugene and Karen Prim - Approved the variance as modified with a condition. (8:26 p.m.) Eugene and Karen Prim, part of Government Lot 3, Section 20 of Dunn Township by Lake Lizzie, requested a variance of 76’ from the required ordinary high water level setback of 100’ and a variance of 27’ from the required shore impact zone setback of 50’ for the replacement of an existing dwelling with a new structure 24’ from the ordinary high water level. The! audience was polled with no one speaking for or against the variance as requested. An email from James Bruggeman and from John and Judy Gunkelman in support of the variance as requested was read for the record. After discussion and consideration, Paul Larson made a motion, second by Cecil Femling to approve the variance as requested with the following conditions: 1.) no more than 25% of the total lot area can be covered with impervious surfaces as determined by the Land and Resource Department, 2.) no other variance can be granted for the proposed development, and 3.) the proposed development can be no closer to the ordinary high water level than the existing structure. The motion failed with Rod Boyer, Randall Mann and Steve Schierer voting no. Keith Sellner Ten Mile Construction 11634 Bankers Drive Dalton, Mn. S6324 RE: Mark & Kathryn Biederman Sl/2 of lot 14 & all of lot 15 Camp Tynset Plat 0027 Sec.27,Range 042, Ttmiuli Twp. Dear Keith: This is to inform you that after inspecting the proposed garage location on this property,we have decided to allow a setback Of 22' fiom the edge of the existing blacktop on Bankers Drive. We have contacted Kyle from OTC Land and Resource on this matter and he suggested that we relay this information to you. The owners do need to understand that the township assumes no liability from any damage that could occur to the garage from being located this close to the road. Herbert L. Sorbel-Clerk Tumuli Township .V Explanation: We are asking tp place the garage 22 feet from the edge of the existing road. This is equivalent to 33 feet from the center of the existing blacktop on the road, putting the garage outside the custornary road right of way for public use. We are requeshng this variance so we can make good use of our sub-standard lot and not compromise or complicate the construction of the garage. ‘J We would.like to be able to enjoy like usage, and privileges of our property as our neighbors who have garages as close or closer to the road. When we purchased the lot it seemed apparent that we would be able to build indine with the other buildings along the road. Plans for the construction of the garage are not closer to the road than many of the other garages along that p^ of the lakeshore. We do not feel that building a garage as indicated would be detrirhental to the lakeshore or the neighborhood. Earlier this spring we received approval from the Turnuli Township allowing a setback of 22 feet from the edge of the;existing blacktop (see attached). Becausedhe property had not been surveyed for rhany years (I believe since 1931) we felt it important to know the property lines so we did not infringe on our neighbor’s property and, thus, had a new survey done. Survey and builder’s scaled'drawings are attached and indicate the desired setback. . j ,V Due to the slope of the property, building the garage further from the road will require ' significant fill and result in a tall foundation wall on the lake side of the property. This would be detrimental to the appearance of the lot from the lake. We have a tentative house plan involving a walk but basement with windows on the lower lakeside level. If we have to move the garage further from the road, we will not be able to construct a house like that on the lot in the future. In addition, we are concerned that building closer to the lake may impact the health and appearance of the large oak trees on the lot. Thank you for considering our request. ;■ •: 1 W Corner Section 27 (C.R, 789235) IrtcK fetlSCALE:LEGEND None» \ Conwr motiitd by o ■r'' Iron with OOP fflorlwd "R.L.S. n094l” RMOv*r*d •lilting iron menuminl St*«l fino* poit Rioord or original plot dritoneti Surv*/ miaiurfd diitonoii AM btoringi or* bm«4 on on sMumid tniridlon Cornor Rocord Documint Nrnneor MCTR 1C CONVERSIONS' O I foot • 0.SO4S itMtori I motor > S.S806 foot ) ocro • O.OOeSSe hootornI hootoro • 2.471084 aorii ®R«c. »le N0> 2mm. • If)'N9t» ■ CR «$r ' sCJ -N-IDr*)O * I38r0O cn NElt/ survey Ip roo CERTirfj THIS «(RVCr, PLAN OR RCTOfT WAS OR UNOER NTT OMECT SUPERVISION AND TNAT A'fULV RESIS^CO LAND WAVEYOR UNDER THE LAWS tkmtv . -4 Mlnje5oJ:a C./7/‘>‘T HERESr IepaW UNO I V SURVEYOR fy? AwESCJ^t 10941 RES NO.DATE Page 1 of 1 Attn: Wayne Stein Board of Adjustment Sec. Otter tail Co. Re:Letter 7-15-05 We have no objection to the requested variance to the property located between 11735 & 11753 Bankers Drive. Tony W. & Judith A. Rivera 11735 Bankers Drive Dalton, Mn. 56324-4582 file://C:\WINDOWS\AppIication%20Data\IM\Runtime\Message\F46857E4-F6B6-l 1D9-B9... 7/17/05 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 18th, day of July, 2005 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mark H and Kathryn R Biederman, 14500 96*'^ Ave N, Maple Grove, MN 55369-8848 Ten Mile Lake Assoc., Randy Zens, 10643 Morningside Dr., Dalton, Mn 56324 Herbert L. Sorbel, Twp Clerk of Tumuli, 11847 Bankers Dr., Dalton, MN 56324 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®‘ Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Rod Boyer, 51127 E Wymer 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: July 18th, 2005 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud Notice of Hearing for Variance Otter Taii County Government Services Center SIOFirAveW Fergus Faiis, MN 56537 (218) 998-8030/998-8041 Emaii - wstein@co.ottertaii.mn.us www.co.otter-taii.mn.us Appiicant must be present at the scheduied hearing. To Whom It May Concern: Mark H and Kathryn R Biederman 14500 Oe*” Ave N Maple Grove, MN 55369-8848 has 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, August 11, 2005 at 7:30 p.m.j 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 shouid contact the County Auditor’s office prior to the date of the pubiic hearing. The property concerned in the application is legally described as South Half of Lot 14 and all of Lot 15, Camp Tynset Property Address - Between 11735 and 11753 Bankers Drive Section 27, Township 131, Range 42 - Township Name - Tumuii Lake No. 56-613, Lake Name - South Ten Mile, Class - RD The variance requested is - a variance of 15’ and a variance of 12’ from the required road right-of-way setback of 20’ for the placement of one corner of the proposed 24’ by 32’ garage/dwelling 8’ from the road right-of-way and for the placement of the other corner of the proposed 24’ by 32’ garage/dwelling 5’ from the road right-of-way. Wc^ne Stein Board of Adjustment Secretary Date: July 15, 2005 I4 ‘ STEVEN A & SHARON M ANDERSON 25426 VEITENHEIMER RD DALTON, MN 56324-4595 ■ VIRGINIA BROWN 11780 BANKERS DR DALTON, MN 56324-4592, DARYL & SHIRLEY FRIGAARD ■ 11930 BANKERS DR "1 I.DALTON, MN 56324-4590 ROBERT J & KIMBRA L JOSS ART 349CREEKSIDE DR SE - SAINT MICHAEL, MN 55376-9713 TONY W JUDITH A RIVERA 11735 BANKERS DR : DALTON; iCiN 56324-4592 DON JAMES BERG 11793 BANKERS DR DALTON, MN 56324-4593 ! JANE H JENSEN TRUSTEE 11753 BANKERS DR' DALTON, MN 56324-4592 MARK H & KATHRYN R,BIEDERMAN;. 14500 96TH AVE N MAPLE GROVE; MN 55369-8848 ■ f VIOLA M KENYON , 4241 JASPER DR EAGAN, MN 55122-2010 DUANE C & VELDA J KOLTES 4897 320TH AVE CAMPBELL, MN 56522^9108 ROGER A & VIRGINIA K LANGE 11695 BANKERS DR DALTON, MN 56324-4119 GREGORY J SEWELL 11721 BANKERS DR DALTON, MN 56324-4592 '■P ■ •i I; JOSEPH Ri& LAUREL S KELLY 11689 BANKERS DR DALTON, MN 56324-4119 STEVEN A & SHARON M ANDERSON 25426 VEITENHEIMER RD DALTON, MN 56324-4595 JOYCEM RAGUSE 11685 BANKERS DR DALTON, MN 56324-4119 -I L ; • J'-