Loading...
HomeMy WebLinkAbout06000060037009_Variances_06-07-2012O\0\0n|2oi2_1110479 DOC# 1110479 1110479 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec’d June 14, 2012 10:45 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTADate Stamp RECEIVED MAY 1 7 2012 Returned To:LAND & RESOURCE LAND & RESOURCE By: NDB L&R Initial 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 TO- °°Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date DAYTIME PHONE 2-( 7 7PROPERTY OWNER MAILING ADDRESS /yS>OT(l-LAKE name ^rr^TL-TyV/fL( 1^2- lake classlake number 0{q township nameSECTIONtownshiprange E-911 ADDRESS parcel NUMBER ILOio OOOQ {^ool>loo^(00 TWO pAums Ap LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Xstructure Setback Structure Size Sewage System Subdivision WECSCluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Use ~ro T(ato T^/Lvyt/\, ACrtC pPr(^C&^L [AJitU Amiajiaaua^ 2..^ A-C/le^^ cv/t-L /L/j/i/a; 3^oo' df- F{i^Nn^c.e. SoTl-f IVILL B)(iCeBvOFT' pLAri^D \Nt /Z-tT6u^5~ Lcr> /3T ixrcLA^/> AS fl^'Oe/trnAL. S(i\j(pL^ P/\ATlL'i L'OTS r S>oTA- L.oV> Acce^^ -f~(p A- CfT'-f FoAp> \JIA /VA; pAitreSvAY 0/V A. is' IAJ( pe ZAS<S/0<eA/l\ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. 1 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. fill I ' DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING {Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor lundteo Co.. PriAltrt > Fergus Fails, Minnesota % rDate Of Hearing TimeiZtmjL Motion Andrew and Stacie Miller - Approved the variance as requested. (8:45 p.m.) After consideration and discussion, Joe Maske made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as stated in the application dated May 17,2012 and as iliustrated on the drawing submitted with the appiication. Hardship/practical difficulty is the terrain of the applicants’ property. ^tter Tail County Board of Adju^ilairmaHi Permit(s) required from Land & Resource Management y Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 072011-001 . « N.F. FIELD ABSTRACT COMPANY INC., Fereus Falls, MNNo, NATURE OF INSTRUMENT PAGERECORDED IN BOOK OF DATEFILED Quit Claim Deed Document #927885 MONTH YEARDAYYEARA.M.P.M.DAY MONTH 10:30 200320035May13 May Grantor: Bard Miller and Lorrie L. Miller, husband and wife Grantee: Andrew C. Miller Consideration: $ Val. Consideration DESCRIPTION PARCEL ONE DESCRIPTION All that part of that certain Parcel B described on the attached legal description for Parcel B, said Parcel B’ also being described in document No. 870990, filed for record in the office of the Otter Tail County, Minnesota Recorder on the 5th of October, 2000, being in particular all that part, of Government Lot 2,' Section 6, Township 132 North, Range 43 West of the Fifth Principal Meridian, Buse Township, Otter Tail County, Minnesota that lies north of the Otter Tail River and east of a partition line that begins oh the north line of said Section 6 at a point that bears South 89 degrees 14 minutes 4 3 seconds East a distance of 1.744.62' feet from the Northwest Corner of said Section 6; thence said partition line bears South 22 degrees 00 minutes 00 seconds West a distance of 35.41 feet; thence said partition line bears South 26 degrees 54 minutes 46 seconds West a distance of 515.40 feet to an iron monument with plastic cap marked "RLS 10941"; thence continuing South 26 degrees 54 minutes 46 seconds West a distance of 35 feet more or less to the Otter Tail River and their said partition line terminates,.. The abbve described tifac't" contains 5.09 acres more o*r" less, is subject to the public flowage rights of said Otter Tail River, and is also subject to and includes a non exclusive access easement over and across the east 1605.84 feet of the west 1836.32 feet of the north 33 feet of said Government Lot 2, Section 6, and also subject to a 33 foot wide access easement the center line of which commences on the nprth line of said Section.6 at a point that bears South 89 degrees 14 minutes 43 seconds East a distance of 1744.62 feet from the Northwest Corner of said Section 6; thence South 22 degrees 00 minutes 00 seconds West a distance of 35.41 feet; thence South 89 degrees 14 minutes 43 seconds East a distance of 88.47 feet to the point of beginning; thence said center line bears South 10 degrees 41 minutes 44 seconds East a distance of 114.90 feet; thence said center line bears South 37 degrees 08 minutes 39 seconds West a distance of 174.07 feet; thence said center line bears South 68 degrees 54 minutes 42 seconds West a distance of^ 120.42 feet, and there said center line terminates. The side lines of said 33 foot wide access easement shall 'be extended or shortened to commence on a line that bears South 89 degrees 14 minute 43 seconds East to and from the point of beginning of said center line and terminate on a line that bears South 26 degrees 54 minutes 46 seconds West to and from the point of terminus of said center line, and to make a continuous 33 foot wide access .easement, and shall be subject to a 5 foot wide utility easement over and across the above described parcel's most westerly 5 feet. The foregoing property is also hereby made subject to an easement across the North 33 feet of the foregoing property for purposes of access to the Pelican River, said access easement being for the benefit of and appurtenant to Parcel 4 as described on attached Exhibit 4. . i Kenneth Brewster - Approved the variance as requested. (7:45 p.m.) Kenneth Brewster, Lots 55 and 56 Nedberg - Nye Survey Lots of Government Lots 1, 2 and 3 Section 1 of Edna Township by Devils Lake, requested the following: setback to be 37’ from the high water line for existing structure at water's edge. To be level with existing mobile home. The applicant’s grandson also appeared at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the placement of the development as described in the variance application dated May 14, 2012 and as depicted on the drawing submitted with the application no closer to the ordinary high water level than the front of the existing mobile home, which should be approximately 37’ from the ordinary high water level. It was suggested that reasonable resources should be used to protect the shoreline during the proposed project/development. Break 7:50 p.m. to 8:30 p.m. Gaylord T. Gunhus - Approved the variance as requested with a condition. (8:30 p.m.) Gaylord T. Gunhus, Lots 19,20, 21, 22, and 23 Block 1 Birchwood Shores First Addition, Pickerel Lake in Maine Township, requested the following: • Subdivide sub-standard back lot. Lot 20 and permanently attach half of Lot 20 to each of adjoining Lots 19 and 21. • Permanently attach Lots 22 and 23 to adjacent lakeshore lot. Lot 1 of the Plat of Johns Cove (Parcel 38000990727000) • Lot 19 and half of Lot 20 (proposed) to be determined buildable for residential purposes. • Lot 21 and half of Lot 20 (proposed) to be determined buildable for residential purposes. • Lots 22 and 23 to be determined buildable for non-residential use. The audience was polled with no one speaking for or against the variance as requested. A letter from Mildred and Ernst Schaaf in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, approve the variance as requested in the application dated May 17, 2012 and as illustrated on the certificate of survey submitted with the application with the condition that the area contained within Lots 22 and 23 cannot be used when determining impervious surface coverage for Lot 1 of the Plat of Johns Cove. Jonathan Rogness - Approved as modified. (8:35 p.m.) Jonathan Rogness, part of Lot 13 and all of Lot 14, E-L-M Dale Beach, Clitherall Lake in Clitherall Township, requested the following: substandard lot size cannot meet structure setback from ordinary high water level. Per phone conversation with Jon Rogness on May 17, 2012 - proposing to construct an 8’ by 16’ screened porch area on existing deck structure. Proposed screen porch will be 60’ 9" to ordinary high water level of Clitherall Lake and over 80’ to unnamed lake. The audience was polled with no one speaking for or against the variance as requested. A letter from Roger G. Johnson in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve the placement of a 12’ by 16’ screened porch no closer to the ordinary high water level than the front of the existing 24’ by 32’ cabin. The variance as approved will provide the applicant with a reasonable use of his property. It was noted that granting the variance as requested would establish precedence that the Board is not interested in establishing at this time. Andrew and Stacie Miller - Approved the variance as requested. (8:45 p.m.) Andrew and Stacie Miller, part of Government Lot 2, Section 6 of Buse Township by the Otter Tail River, requested the following: we are requesting to create two parcels from our 5.09 acre parcel. Each parcel will be a minimum of 2.5 acres and will have a minimum of 300’ of river frontage. Both parcels will exceed the minimum size requirements for platted lots. We request that both lots be declared as buildable residential single family lots. Both lots have access to a city road via an established driveway on a 33’ wide recorded easement. The nature and terrain of the parcel makes it impractical to meet township road standards. The audience was polled with Aaron Miller speaking in support of the variance as requested. Emails from Austen Miller and Bard Miller in support of the variance as requested were read for the record. A note from Richard Huschka in opposition to a metes and bounds subdivision was noted for the record. After consideration and discussion, Joe Maske made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as stated in the application dated May 17, 2012 and as illustrated on the drawing submitted with the application. Hardship/practical difficulty is the terrain of the applicants’ property. We are requesting to create two parcels from our 5.09 acre parcel. Each parcel will be a minimum of 2.5 acres and will have a minimum of 300' of river frontage. Both parcels will exceed the minimum size requirements for platted lots. We have a signed purchase agreement from a buyer to purchase the existing house and 2.5 acres. We wish to retain the other lot as the land was given to us as an inheritance. We are requesting that both lots be decleu-ed as buildable single family residential lots. Although platting is preferred, we are requesting a variance because we think that it is not practical or feasible to comply with platting standards for dedicated road access in this situation. The parcels, including the adjacent parcel, have access to the city road via an established driveway on a 33’ wide record^ access easement. The nature and terrain of the parcel makes it impractical to create a 66’ wide road that would meet township standards. This requirement would also add costs that would not be affordable in our situation. A ro\juo MOiruMitm EDGE VM1ER N 1 EDGE OF OflIVEWAY E1»E OF WETlA’iO uAjoR coNrcun u’KOR co.‘noun EASEMENT 0 100}I FAflCCl BOUIIOARY . EXISTIKO SCALE -FT PARCEC SOUiUIAnY • PROPOSED STRUCTURE KETOACK U»S 2500 SQ. FT.SUfAOLE FOR SEPTIC SYSTEM by corliFy that Utl$ siovoy, (l's prepared by me or uivler my direct cuporvisto and that I am a duly Ucensod Land Surveyor underlholnwsoflboSlato olMInnesoia. I here portrisio wasn, or re Wiciraci L. FtetchaU'^Surveyed & Platted by: INTERSTATE AJS ENGINEERING flrt!?r7/527,f!?£uEii w c SURVEY FOR: Oato ^ fa i?Q 44B66 0*4; MAYW»1 License No.ANDREW MILLER[YtaaOiii J.VrzEzvxQtKkcdBf:JV: