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Home My WebLink About02000990725000_Variances_03-30-2000Variances 2 Barcode 128 3-30-2000 •* * OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # was filed/recorded in this office for record on the l~7 day of ----------___________2000 at Jiii5_^)fpm Wendy L Metcalf, County Recorder by; tA—) r/Y\c,AlZdW -Beputy 19, ‘fecording fee ^ i 86Z1S6 well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee l5l3i/„kk%h/>/nReceipt Number ^ U) 7 2.^PROPERTY OWNER DAYTIME PHONET 2fADDRESS / LAKE NUMBER^ 'LAKE CLASS .LAKE NAME /3V TOWNSHIP NAME ^— ____FIRE / LAKE I.D. NUMBER SECTION /2. TOWNSHIP PARCEL NUMBER O ZO ^'7^'72-S^ ^ RANGE LEGAL DESCRIPTION i /'•>, . r tr • r >-•^ Z-'D TYPE OF VARIANCE REQUESTED (Please Check) Subdivision ClusterStructure Setback Misc.Structure Size Sewage System SPECIFY VARIANCE REQUESTED /99^^ /9‘?'7 tJ? ur^'^ !, ^ 0 „ / ■* n ____ /' ^ / 99 ■ 6 Ar I UNDERSTAND THAT i HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMEKITS OF THE SHORELANp^ MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.OA ^<2 . I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. Sr(3NATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Daten"ime Of Hearing) April 6, 2000 T ! * 'nt- ! ''- /Pa i<y' i?ir ^/s/oo Accepted By Land & Resource L & R Official/Date 3iO 'AOOXD '7'3oTimeDate Of Hearing ia. Motion Jon and Darlene Gunderson - Denied Motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that no adequate hardship had been shown and the granting of the variance as requested would not be consistent with past actions of the board. irman/Otter Taircdunty Board^of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Vicioi Undeen Co.. Printers • Fergus Falls. Minnesota . March 30, 2000 Page 7 Eulyn M. Feist - Approved with modification. Euiyn M Feist, Fargo, ND, requested a variance of 43’ from the required ordinary high water level setback of 75’ and a variance of 5.5’ from the required shore impact zone setback of 37.5’ for the placement of an addition 32’ from the ordinary high water level. The property is described as part of Government Lot 3, Section 6 of Dunn Township by Pelican Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling to approve an addition to the rear of the existing structure with the condition that a 20’ separation from the drain field must be maintained. This motion died for lack of a second. After additional consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve an addition to an existing structure being no closer to the ordinary high water level then 37.5’ noting that this will keep the addition out of the shore impact zone, will allow the applicant the opportunity to connect two existing structures and will provide a reasonable use of the applicant’s property. Hardship is the small size of the applicants’ property. Kathleen R. Wright - Denied Kathleen R. Wright, Valley City, ND, requested a variance “to allow fair use of a substandard lot.” The variance needed is for the placement of an existing cabin with new construction less than 100’ from the ordinary high water level and ahead of the existing building line. From the drawing it appears that the existing cabin and new construction is approximately 63 to 67’ from the ordinary high water level. The property is described as Lot 11 and the west half of Lot 12, Heaton’s Resort and Parcel H of Government Lot 8, Section 2 of Sverdrup Township by East Lost Lake. James Wright, the applicant's son, appeared along with the applicant at the public hearing. The audience was polled with Diana Beebout, a neighbor and Sverdrup Township Clerk, speaking to the request. She did not oppose the applicant’s addition, but was concerned with how the Board of Adjustment would address previous request that had been considered by this board and how the board would address future requests should the applicant’s request receive approval at this hearing. After consideration, motion was made by Mark Steuart, second by Steve Schierer and unanimously carried, to deny the variance as requested noting the following: 1. no adequate hardship had been shown, 2. a portion of the addition is ahead of the string line, 3. the site permit application was not complied with as it indicates an ordinary high water level setback of the string line, 4. a well was enclosed by the addition, which is a violation of the Minnesota Well Code, and 5. the applicant must bring the structure into compliance with the requirements of the shoreland y management ordinance and with the provision of the site permit application by July 1,2000. n and Darlene Gunderson - Tabled Jon and Darlene Gunderson, Battle Lake, MN, request a variance which would allow residential development on five back lots which are substandard by current ordinance requirements and which were created after October of 1971 and before February of 1992. To restore these lots back to the original residential use that was approved on August 10, 1976. The applicant has a home and garage on Lot 22 that was build in 1997. The property is described as Lots 1 and 2, Block 1 and Lots 19, 20, and 22, Block 2, Carr’s Subdivision, Walker and Otter Tail Lakes in Amor Township. An unsigned letter, assumed to be from John Everts, was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to table this request until the April 6, 2000 meeting for a report from Bill Kalar as to why these applicants were encouraged to reapply for a variance. With no further business Chairman Mann declared the meeting adjourned at 10:35 p.m. ( J ) S, ) O Jrf - Wayne (Stein, Secretary April 6, 2000 Page 6 on and Darlene Gunderson - Denied Jon and Darlene Gunderson, Battle Lake, MN, requested a variance which would allow residential development on five back lots which are substandard by current ordinance requirements and which were created after October of 1971 and before February of 1992. To restore these lots back to the original residential use that was approved on August 10, 1976. The property is described as Lots 1 and 2, Block 1 and Lots 19 and 20. Block 2, Carr’s Subdivision, Walker and Otter Tail Lakes in Amor Township. A letter from John Everts in support of the application was read for the record. The audience was polled with no one speaking for or against the request. Bill Kalar addressed the board concerning this issued and advised the board of the Planning Commission position. The Planning Commission position is not to recommend changing the ordinance to grandfather in those lots platted after October of 1971 and before February of 1992, but rather to allow individual review of these lots by the Board of Adjustment. The Planning Commission has noted that not all lots platted during this period of time meet today’s building and development needs. After consideration, motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that no adequate hardship had been shown and the granting of the variance as requested would not be consistent with past actions of the board. Other Business - James Moline - The application of James Moline was originally scheduled for a public hearing on Thursday, November 18, 1999. Prior to that meeting a request had been received to table the request until a later date. Since that time the applicant has decided that the requested variance is no longer needed and has requested permission to withdraw his request. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to acknowledge the applicant’s request and to accept the applicant’s request to withdraw his application. Kathleen Wright- Kathleen Wright’s variance’s request was deny on Thursday, March 30, 2000. She has contacted the Land and Resource Department questioning if the Board of Adjustment would allow the dwelling addition to remain if they removed an existing structure down by the lake. It was brought to the attention of the office and the board that perhaps other work had been done without proper permits. After discussion, the Board of Adjustment indicated by general agreement that they where satisfied with their decision of Thursday, March 30,2000 and were not interested in any tradeoff or compromise as the applicant had not complied with their previous site permit and in fact my have done additional work without first obtaining a permit. Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Jon and Darlene Gunderson RR 2 Box 298 Battle Lake, MN 56515 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, March 30, 2000, at 8:30 p.m.. in the Commissioners' Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 Lots 1 and 2, Block 1 and Lots 19 and 20, Block 2, Carr’s Subdivision, Fire# Section 12, Township 134, Range 40 - Township Name - Amor Lake No. 56-242/310, Lake Name - Otter Tail/Walker, Class - GD/RD The variance requested is: a variance which would allow residential development on four back lots which are substandard by current ordinance requirements and which were created after October of 1971 and before February of 1992. To restore these lots back to the original residential use that was approved on August 10, 1976. UJyDate: March 10, 2000 Board of Adjustment Secretary 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 13th, day of March, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jon and Darlene Gunderson, RR 2 Box 298, Battle Lake, MN 56515 Jane Baumgartner, Amor Twp Clerk, RR 2 Box 138, Battle Lake, MN 56515 Ottertail/Walker Lake Assoc., PO Box 21, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 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 Bert Olson, RR 3 Box 5, Battle Lake, MN 56515 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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. 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