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Home My WebLink About02000990571001_Variances_09-02-2010Variances 2 Barcode 128 9 1^2010 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA rs"n.‘;!i080440 was filed/recordecyn for recofrd on the_zL 1080440 this office ____day of 2010 at_£LIlD-^m/pm Tecordingfee // ^ ~ weii certificate ^jO^Suty^ 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 Accepted By / DateT^H^ COMPLETE THIS APPLICATION IN BLACK INK (llAFmmf UI vm DAYTIME PHONE tci\ - 10l ^^0 ■PROPERTY OWNER P O C^ujimer, N P. 5^CA{"jMAILING ADDRESS OH-er-tiul &0LAKE NUMBER LAKE NAME LAKE CLASS W'O TOWNSHIP NAME -AtTlO T134SECTIONTOWNSHIP. 0^000(]<-'iO5V(jO\ 05^1^001 - oXodof^^iouidoox^ RANGE PARCEL NUMBER E-911 ADDRESS 31160 Bldorado Becu:h'R^<d LEGAL DESCRIPTION Nor-Ho ^^oji\d"Hyi- Slairk^ btaxh , Otttfrfell toutJu .'bm'l'vSco '' TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Cluster Misc.Sewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. "vVoposcrl pFDjcoi ro CL $3' X (jpO' buxldn'^y^Tht lofi3 lOidt-Th(^ iO(5uJd v'loLojcHrtu. tO-f+ ^efbXcb orcliHOuv^elOtij- O-pprcVirnoitlu 3 -fcef.'n1ierc(tfc; 0- 'vS'fccf van'cmc.e 'i?5 reauestrct im ccich stde of^ie, I UNDERSTAND THAT I HAVE APPUED FOR A VARIANCE FROM THE REQUIREMENTS O^F THESHWELAND 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. V\7f JO SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 77- <71- /oDate Of Hearing Time Motion Clarmont Ulven - Denied (7:50 p.m. and 8:45 p.m.) After a brief review and discussion, the applicant’s hearing was tabled until later in the evening to provide an opportunity for the Land and Resource representative to secure the file of an adjacent property for the purpose of reviewing a previously granted variance. The file was reviewed and the information contained within was considered. After additional discussion and consideration, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested and the applicant as the ability to construct a 22’ wide storage building without the granting of the requested variance, which would provide the applicant with a reasonable use of his property. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No LR Cffficial/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Otisite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Patio(s):Ft2 Ft2Sidewalk(s): a Ft2Stairway(s): O Ft2Retaining Wall(s): O-o Ft2Landscaping: (Plastic Barrier) Other: C 'IFt2 3 'IC.a Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: 'h'^CoO .%X 100 = TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIOLOT AREA RE: Ulven Variance ApplicationAugust 23, 2010 To Whom it may concern; This letter is written in support of the Ulven variance application relating to construction of a garage on their property that adjoins the west side of a lot owned by us. The hardship of the variance application relates to the width of their lot and we would support a variance of any amount relating to the ten foot side setback requirement relative to our property line. We can be reached at 612-859-9884 to verify or clarify the contents of this letter. Sincerely, Charles E. Keeler Barbara B. Keeler 18362 98* Place North Maple Grove, MN 55311 ; ; Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or appiicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Clarmont Ulven PO Box 427 Gwinner, ND 58040 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, September 2, 2010 at 7:30 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 Lots B, C, 17 and 18, Shirley Beach, Property Address - 37730 Eldorado Beach Road Section 22, Township 134, Range 40 - Township Name - Amor Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - a variance of 3’ from the required side lot line setback of 10’ for the placement of a 28’ by 60’ structure 7’ from each side lot line. 'Wayne Stein Board of Adjustment Secretary Date: August 13, 2010 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 13'^, day of August 2010 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Clarmont Ulven - PO Box 427, Gwinner, ND 58040 Brenda L. Hildebrand, Amor Township Clerk - 30411 Amor Park Road, Battle Lake, MN 56515 Otter Tail Lake Association, C/0 Pat Garza - 35854 County Highway 72, Battle Lake, MN 56515 Otter Tail County Cola, C/0 John Matteson - 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer-505 S. Court St., Suite #1, Fergus Falls, MN 56537 Departrfient of Natural Resources - 1509 1®'Ave N., Fergus Falls, MN 56537 dKiR Regional Administrator - 2115 Birchmont Beach Road NE, Bemidji, MN 56601 Board of Adjustment: Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672 Paul R. Larson - 21283 County Highway 65, Henning, MN 56551-9573 Thbrnas (Tom) Lee-15600 County Highway 118, Elizabeth, MN 56533-9559 Randall Mann - 532 N Ann St., Fergus Falls, MN 56537 Richard S. Schierer- 32117 260*'’Ave, Erhard, MN 56534 Robert Schwartz- 31548 County Highway 75, Wadena, MN 56482 .i’.- 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: August 13, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud September 2, 2010 Page # 3 Clarmont Ulven - Denied (7:50 p.m. and 8:45 p.m.) Clarmont Ulven, part of Lots B, C, 17 and 18, Shirley Beach, Otter Tail Lake in Amor Township, requested a variance of 3' from the required side lot line setback of 10’ for the placement of a 28’ by 60’ structure 7’ from each side lot line. The audience was polled with Bob Bussman expressing concerns with the impact (drainage) of the proposed development on his property. A letter from Charles and Barbara Keeler in support of the variance as requested was noted for the record. After a brief review and discussion, the applicant’s hearing was tabled until later in the evening to provide an opportunity for the Land and Resource representative to secure the file of an adjacent property for the purpose of reviewing a previously granted variance. The file was reviewed and the information contained within was considered. After additional discussion and consideration, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested and the applicant as the ability to construct a 22’ wide storage building without the granting of the requested variance, which would provide the applicant with a reasonable use of his property. Douglas and Carol Crice - Denied. (7:55 p.m.) Douglas and Carol Crice, Lot 2 Third Addition to Sunnyside, East Battle Lake in Nidaros Township, requested the following: Expand elevated deck by 4’ toward lake. Requesting a variance of 74’ from ordinary high water level. Will not increase impervious surface ratio, built over existing concrete. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested, other options which do not advance the structure towards the lake should be considered, the current impervious surface coverage is slightly more than twice the allowable amount and efforts should be made to reduce the overall amount of impervious surfaces before consideration is given to new development. Mark and Barbara Malmberg - Approved the variance application with conditions. (8:08 p.m.) Mark and Barbara Malmberg, Lot 70 Provan Beach, Pelican Lake in Dunn Township, requested a variance of 3T from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level. The audience was polled with Mark Ottis speaking for the variance as requested. After consideration and discussion, Michael Harris made a motion to deny the variance as requested. This motion died for lack of a second. After additional discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and carried with Michael Harris voting no, to approve a variance of 31’ from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level as depicted on the drawing submitted with the variance application with the condition that before a permit can be issued for the proposed development the applicants must remove the 18’ by 20’ 2” concrete slab and must place the two existing sheds in a location which is between the dwelling and the road, at least 10’ from the side lot lines, at least 20’ from the road right-of-way and at least 10’ from the holding tank. It should be noted that the applicants offered to remove the concrete slab and to relocate the two existing sheds. Mary Huitgren - Tabled. (8:22 p.m.) Mary Huitgren, Lot 3 Sunlight Hills, Pelican Lake in Dunn Township, requested the following: proposing to replace the existing 48’ by 22’ detached garage with a 48’ by 40’ “L” shaped detached garage. The proposed structure will be approximately 2’ from the north lot line and approximately 2’ from the west lot line. We are requesting a variance of 8’. The required setback is 10’ from the lot line. Also requesting a variance to be 0’ from the sewer pumping station. The required setback is 10’. The audience was polled with no one speaking for or against the variance as requested. A letter from Tim Dahiberg and Gretchen Lychuk in general support of the requested variance was read for the record. After consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other possible development plans that would not require a variance from the sewer pumping station and that would create greater separation from the side lot line (scaled down plan). . « i DARRYL L & TERRY L EMERSON 37804 ELDORADO BEACH RD BATTLE LAKE MN 56515 9336 ' STEVEN C & GATHLEEN BERGLUND ' ■ 37868 ELDORADO>BEACH RD . BATTLE LAKE MN 56515 9336 ROBERT C & JILL A BUSSMAN 2906 CREEKVIEW CIR GRAPEVINE TX 76051 6312 ■ . BRIAN K EVENSON ET AL BYRON A & TANYA L HENSCH 23864 STONY POINT RD BATTLE Lj^KE MN 56515 9659 1 CHARLES A JAHR . 6945 HILLCREST ST SE PRIOR LAKE MN 55372 2950 21020 368TH ST FOREST CITY lA 50436 7530 I SUZANNE JOHNSON 37714^ELDORADO BEACH RD , ' ^’bATTI-'e lake MN 56515 9335 CHARLES E & BARBARA KEELER 18362 98TH PL N MAPLE GROVE MN 55311 1206 LARRY & SUSAN RUBY KROHN ! 37848 ELDORADO BEACH RD ^ BATTLE LAKE MN 565'l5'9336 CARMENEQUALEY ; 4511 3RD ST S MOORHEAD MN 56560 6729 ' : ; MJELDETST 334 ALCOTTAVE E FERGUS FALLS MN ;56537 2907 NORMAN & LAVERN NELSON TST 37235 ELDORADO BEACH RD BATTLE LAKE MN 56515 9335 CURTIS & NAO SCHACHTSCHNEIDER 1142 EAGLE PARK DR S ' . < FARGO ND 58104 6278 JAMES RUEMMELE & L RHEAUME ATTN ALERUS FINANCIAL PROP OPS PATRICK ROZEK & CAROL REITZEL - 14085 74TH PLACE N MAPLE GROVE MN 55311 2766 PO BOX 6001 GRAND FORKS ND 58206 6001 : CLARMONT & PATRICIA ULVENSTEFFENS TSTS 22741 DODGE CT FARIBAULT MN 55021 7865 JOHN & JAN THIELE 37816 ELDORADO BEACH RD BATTLE LAKE MN 56515 9336 , PO BOX 427 ! GWINNER ND 58040 0427 ,[ MICHAEL WETHERBEE ETAL'' ATTN BARBARA MARQUARDT ' 2326 28TH STS SAINT CLOUD MN 56301 9014 MILDRED H WERMAGER 1620 9THSTSW WILLMARMN 56201.3915 MARC WERMAGER ' ATTN MILDRED WERMAGER 1620 9TH STSW WILLMAR MN 56201 3915 ; BRUCE C & CAROLE L WOHLK 3658 BUCHANEN ST NE MINNEAPOLIS MN 55418 1409 . MARCUS A WING 38682 WALKER LAKE DR RICHVIlLe MN 56576 9551 TIMOTHY WING 37832 ELDORADO BEACH RD BATTLE LAKE MN 56515 9336 • ; LARRYZENNER ETAL 1508 BRENVEI DR FERGUS FALLS MN 56537 3916 f r89‘53'22"E 4Z55 ' ■\ o I h-o-J u.o Uj os—I t-o£-1 /I sy u.tk o Uiog '"^tiliiP ' Ill-: ■i] ® o <5 ^o ^9^ n Kco ..?5« UjE i-it-. t t sI §00 Qci.\0 Uj V'QQ lOQCTi0003 / \lO a:•o n <</ /Q. k Uj Vs 'CtoCS| Q OQ O O ^I I—I SUBJECT TO AN EASEUENT FOR ACCESS INTO LOT B I »