Loading...
HomeMy WebLinkAbout08000060036000_Variances_06-08-2000865264 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 865264I hereby certify that this instrument # _ was filed/recorded in this office for record on the /V day of ZT/JQ r2000 at 9'. 15 i^ipm Wendy l^etc^, County Reorder by: f)//m 11/6^ clc Deputy recording fee well certificate L]^ 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 lnO-f)C> Receipt Number fi'L ^ EdA/zi^PROPERTY OWNER DAYTIME PHONE ADDRESS LAKE NUMBERLAKE NAME 21£.LAKE CLASS Ml.SECTION TOWNSHIP RANGE TOWNSHIP NAME /)S GMC&, OB.^C^&OdPARCEL NUMBER L 7 FIRE / LAKE I.D. NUMBER /} I c / L C (LEGAL DESCRIPTION /y ‘//&L7'd^ Sk)7y f alt &L(^ fGL^ !L/d '¥ TYPE OF VARIANCE REQUESTED (Please Check) \/structure Setback Structure Size Sewage System Cluster Misc.Subdivision SPECIFY VARIANCE REQUESTED /ao -f /y\CK.x.t , i4/i'y-cfcss^ot*:^A Coyi ct S€l^ L/ci r io/7'7 cJqoO^a_ Su.fi}t>i t:/-1 4-c UJi-{-h nci ii^uyolclpro to'i*// J}^ o>9‘/Ig, I Os, *A, 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. SIGNATURE OF PROPEfTY OWNER il//7 DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DateFTime Of Hearing) June 8, 2000 Page 9 V?/ ( . Accepted By Land & Resource L & R Official/Date n.'^oaoooTimeDate Of Hearing I i Motion Richard Earley - Approved Motion was made by Steve Schierer, second by Cecil Femling and carried with Randall Mann and Mark Steuart voting no, to approve a variance of 177’ from the 18’ maximum allowable height of a non-dwelling structure for the construction of a self supporting lattice tower having a total height of 195’. It was noted that the proposed location is approximately 600’ from the lake. Mark Steuart stated that he did not support the request because other sites outside of the shoreland area are available and this is something he did not want to see within the shoreland area. Chairman/Otter Tail County Board of Adjustment PermU(s) required from Land & Resource Management Y Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • Victor Lund««r» Co.. Pfintors • Fergus Fells, Minnesote June 8, 2000 Page 4 (Kapitan - Continued) Mr. Okerstrom is a certified installer and he noted that the Jewett Lake to Long Lake pipeline project is in part responsible for the requested variance. He noted that the variance as request would keep the proposed system 50’ from the pipeline and he also noted that the existing wetland would be dry within a couple of months after the installation of culverts. The audience was polled with no one speaking for or against the request. After much discussion and consideration, motion was made by Randall Mann, second by David Holmgren and unanimously carried, to approve a variance of 7’ from the required lot line setback of 10’, a variance of 7’ from the required mound absorption area setback of 10’ and a variance of 15’ from the required wetland setback of 50’ for the placement of a septic tank 3’ from the lot line and for the placement of the mound absorption area 3’ from the lot line and 35’ from the wetland. It was noted that the variance is being approved because of the accommodations made by the applicants for the pipeline project, which rendered their previous system useless and because the wetland area will no longer exist after the installation of the culverts. It was also noted that Arden Loven, the neighbor adjacent to the septic tank and mound system, has given permission for the variance and a properly installed mound absorption system will not adversely impact the adjacent property. Terry Jensen - Denied Terry Jensen, Underwood, MN, requested a variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two lots with separate buildings to be granted on the above described property based on the fact that both lots were purchased before the contiguous ownership of substandard size lots was placed into the zoning ordinance; with this, the owner did not have any indication that the shoreland laws have changed; and landowners should not be punished for this type of law change. The property is described as Lot 18, First Addition to Moore’s Beach and part of Government Lot 5, Section 11 of Maine Township by Pickerel Lake. Penn Brandborg, Attorney, appeared along with the applicant at the public hearing. Letters from Richard K. Nelson and Terry Lejcher, Area Hydrologist with the Minnesota Department of Natural Resource, opposing the applicant’s request were read for the record. Mr. Lejcher expressed concern with a hardship for the requested variance and noted that approving the request would establish precedence. Mr. Nelson also noted the lack of a hardship and the precedence that would be established by the granting of the variance. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Cecil Femling and unanimously carried, to deny the variance as requested as the granting of the variance would establish a precedence and would be contrary to past actiqrjs of the Board of Adjustment. ichard Earley - Approved Richard Earley, Et. Al., Detroit Lakes, MN, requested a variance of 177’ from the 18’ maximum allowable height of a non-dwelling structure for the construction of a self supporting lattice tower having a total height of 195'. The property is described as the Northeast Quarter of the Southwest Quarter, Southwest Quarter of the Northeast Quarter, East of the township road, and all of Government Lots 6, 9 and 10, Section 6 of Candor Township by Hand Lake. The audience was polled with no one speaking for or against the request. Mick McManman appeared along with the applicant at the public hearing. Mr. McManman addressed the need for this particular location and for the tower height. He also stated that this tower would have room for four additional telecommunication carriers. After consideration, motion was made by Steve Schierer, second by Cecil Femling and carried with Randall Mann and Mark Steuart voting no, to approve a variance of 177’ from the 18’ maximum allowable height of a non- jdwelling structure for the construction bt a self supporting lattice tower having a total height of 195’. It was noted that the proposed location is approximately 600’ from the lake. Mark Steuart stated that he did not support the request because Other sites outside of the' shoreland area are available and this is something he did not want to see within the shoreland area. 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 15th, day of May, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Richard Erarley et al, Attn: Harold and Virginia Earley, RR 5 Box 483, Detroit Lakes, MN 56501-9420 Paul A. Harrington, Carlson and Harrington Inc., 5256 45"' Ave S., Mpis, Mn 55417 Rodney Richter, Candor Twp Clerk, RR 1 Box 40, Verges, MN 56587 Mick McMannan, 7632 James Ave N., Brooklyn Park, Mn 55444 i. Otter Tail County Cola, % John Mattesbn, 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 Joe Maske, RR 1 Box 60B, Pelican Rapids, MN 56572 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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: May 15th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment Vi Manderud By: I i 1 GARY E II G STACtY L KAISER 52i WASHINGTON AVE ijE rRiJi.T LAKES, MM 5050 I ■ ■ S0<dV ■i RICHARD EARLEY ET AL ATTN HAROLD C VIRGINIA EARLEY RR 5 BOK 4S3' DETROIT LAKES, flN -5&5GI-9420 f S !-F •I t i ; i i ■i f ;• • ! i I; I i ii i I 4 i Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Faiis, MN 56537 (218) 739-2271 Ext. 240 ; Appiicant must be present at the scheduied hearing. ;To Whom It May Concern: :Richard Earley, ET AL Virginia and Harold Earley RR 5 Box 483 Detroit Lakes, MN 56501 Mick McManman 7632 James Ave N Brooklyn Park, MN 55444 i ihas made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance arid/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on ! Thursday, June 8, 2000, at 7:30 p.m.. i- fin the Commissioners’ Room of the Otter Tail-County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requiring speciai accommodations should contact the County Auditor’s office prior to the date of the public heaHng. The property concerned in the application is legally described as 1 i:the Northeast Quarter of the Southwest Quarter, Southwest Quarter of the Northeast Quarter, East of the township road, and all of Government Lots 6, 9 and 10, Fire # CO705 ( Section 6, Township 137, Range 41 - Township Name - Candor Lake No. 56-527, Lake Name- Hand, Class - NE The variance requested is: I a variance of 177’ from the 18’ maximum allowable height of a non-dwelling structure for the construction of a self supporting lattice tower having a.total height of 195’. I I Board of^djustment Secretaryo2Date: May 12, 2000 ! »; iI i ! i i ; Department of LAND & RESOURCE MANAGEMENT i COUNTY OF OTTER TAIL Phone; (2^8) 739-2271 Court House FERGUS FALLS, MINNESOTA 56537 August 10,1999 i 1 Harold & Virginia Earley RR5 Box 483 Detroit Lakes, MN 56501 r III RE: Conditional Use Application, Hand Lake (56-527) iDear Mr. Earley: Enclosed please find a copy of the Conditional Use Application dated June 22, 1999. As you can see, the approval was contingent upon your receiving approval for the height of the structure. I :t Once you have met the provisions of the approval, our Office can issue the Conditional Use Permit, if you have any questbns regarding this matter, please contact our Office. Sincerely Marsha Bowman Office Manager i CC: Paul A. Harrington, 5256 45^*’Ave. S., Minneapolis, MN 55417 i i !• i i otter Tail County Board of Commissioners July 27, 1999 Page 9 Conditional Use Permit - Harold & Virginia Earlev/Carlson & Harrington. Inc: Motion by Lee, second by Lindquist, and unanimously carried to approve a CUP to construct a tower and building on Hand Lake (Sec. 6, Twp. 137, R. 41, Candor Township, Lake #527) with conditions as recommended by the Planning Commission. Preliminary Plat - “Shady Nook Resorf’-Glenn & Yvonne Roaness: Motion by Portmann, second by Lee, and unanimously carried to amend the Preliminary Plat of “Shady Nook Resort” on Pickerel Lake (56-475) that instead of combining lots 5 & 6 into one (1) lot as previously approved, lots 4, 5, & 6 are combined into two (2) lots and the resulting preliminary plat will contain one (1) backlot and four (4) lake lots as recommended by the Planning Commission. Conditional Use Permit - Cynthia Skalskv: Motion by Lindquist, second by Portmann, and unanimously carried to approve a CUP to riprap the shoreline of property to reduce erosion on Silver Lake (Sec. 28, Twp 123, R. 40, Everts Township, Lake 56-302) with conditions as recommended by the Planning Commission. Conditional Use Permit - Rush Lake Township: Motion by Froemming, second by Lee, and unanimously carried to approve a CUP to regrade a portion of a township road near Boedigheimer Lake (Sec. 10. Twp. 135N, R. 39W, Rush Lake Township, Lake #212) as presented. Discussion - “Sunlight Beach” Land & Resource Director, Bill Kalar, reviewed the background of the preliminary plat of “Sunlight Beach” on Pelican Lake. Lengthy discussion followed. Commissioners requested further review of the Board of Adjustment minutes relative to a variance request to construct a road to service this plat. Veterans Service Transportation Van Parking Motion by Lee, second by Portmann, and unanimously carried to direct the Physical Plant Manager to designate a handicap parking spot for the VA transportation van. Adjournment At 12:15 p.m.. Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, August 3, 1999. OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated: By. Sydney Nelson, Chair Attest: Larry Krohn, Clerk CB/kd Planning Commission July 21,1999 Page 2 Dunn Township - Approved With A Condition: A Conditional Use Permit Application to build the shoulders, total cubic yards at 1,300 with 400 to 500 cubic yards being within the Shoreland Area. The property is described as : East Lake Lizzie Road #657, Sections 21, 28 & 33, Dunn Township; Lake Lizzie (56-760), RD. Merle Miller & Wayne Olson (Township Supervisors) represented the Application. Motion: A motion by Lachowitzer, second by Boyer to approve as presented, provided approval from the DNR is obtained. Voting: All members in favor. Elizabeth Township - Approved As Presented: A Conditional Use Permit Application to prepare road for black top surfacing. This will require fill along part of road to increase width from approximately 19’ to 22’. Majority of widening is on South Dale Drive from the beginning through Southdale Shores. All work is in existing right-of-way. Fill material will be Class VI (it was noted at the 7/21/99 Planning Commission meeting that there was a typo on the Application, the fill material will be Class VI, not Class IV) Gravel. Black top will end at end of 66’ right-of-way on Sunny Drive. The property is described as Township Roads 213*^ Ave, Southdale Drive and Sunny Drive except for that part of Sunny Drive with 33’ right-of-way. Sections 23 & 24 Elizabeth Township; Jewett Lake (56-877), GD, Pat Madden (Township Chairman) represented the Application. Tom Sauer questioned the location of the placement of fill material. Motion: A motion by Estes, second by Bergerud to approve as presented. Voting: All members in favor. Harold & Virginia Earlev/Carlson & Harrington, Inc. - Approved With A Condition: A Conditional Use Permit Application for the construction of a 195’, self-support, lattice tower & an 8’ X 10’ pre-fabricated building housing electronic processing equipment within a 50’ x 50’ fenced compound. Purpose of the tower and building is to provide digital, wireless telephone service in the Pelican Rapids/Detroit Lakes area. The property is described as NEY4 of SW74 & GL 7, and; SWA of NE% E of Twp Rd & All GL 6, and; GL 9 & 10, Section 6 of Candor Township; Hand Lake (56-527), NE. Paul Harrington represented the Application. Motion: A motion by Sha, second by Maske to approve as presented, provided to a variance being approved for the height of the structure. Voting: All members in favor. OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT: Harold & Virginia Earley RR5 Box 483 Detroit Lakes, MN 56501 Paul A. Harrington Carlson & Harrington, Inc. 5256 45‘^ Ave. S. Minneapolis, MN 55417 HEARING DATE/LOCATION: July 21, 1999 at 7:00 P.M. Commissioner's Room Otter Tail County Courthouse Fergus Falls, MN 56537 PROJECT DESCRIPTION (AS STATED ON THE APPLICATION): A Conditional Use Permit Application for the construction of a 195’, self-support, lattice tower & an 8’ x 10’ pre­ fabricated building housing electronic processing equipment within a 50’ x 50’ fenced compound. Purpose of the tower and building is to provide digital, wireless telephone service in the Pelican Rapids/Detroit Lakes area. LAKE NAME/NUMBER/CLASS: Hand Lake (56-527), NE FIRE NUMBER: C0705 LEGAL DESCRIPTION: NEV4 of SWy4 & GL 7, and; SW% of NE^ E of Twp Rd & All GL 6, and; GL 9 & 10, Section 6 of Candor Township The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Courthouse, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or fonwarded to the Land & Resource Management Office. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. July 7.1999 Mailing Date Bert Olson Chairman Planning Commission :.r LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537 i; i ■3 STATE OF MINNESOTA 3)ss COUNTY OF OTTER TAIL )3 i' 5 i-!• -!I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Planning Commission for Otter Tail Co Minnesota, do hereby certify that on the 7^ 1999, the attached Notice of Hearing apd was duly served upon . the following: Y, day of r IfokfOic' t -1 3 County Sheriff County Highway Engineer Courthouse> Otter Tail COLA, John Matteson, R#2 Box 40W, Battle Lake, MN MPCA, 116 E Front St., Detroit Lakes, MN ■Terry Le'jcher, DNR, Div. of Waters, 1221 E Fir Ave, Fergus Falls, MN Arlin Schaiekamp, DNR, Div.of Fisheries, 1221 E Fir Aye, Fergus Falls, MN 56537 I ir Ave, Fergus^^^^palTs, 56515 56537 56537 1 Doug Wells, DNR, Div. of Wildlife.,1 MN 56537 i I Planning Commission Members, ^Zxiwriship the attached sheet..on • r by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses- shown above,. • iI ! 4^Secretary i(7 - total)I I ' (afdvthrg.doc) 1 i ; i : !June 22, 1999 I ! Land and Resource Management Otter Tail County Otter Tail County Courthouse Fergus Falls. MN 56537 !Re: Application for Conditional Use Permit To Whom It May Concern: Please direct all questions and correspondence regarding the application for Conditional Use Permit on my property to: i if 6?v'eS'Kcw^Paul A. Harrington Carlson & Harrington, Inc. 5256 45*'’ Avenue South Minneapolis, MN 55417 i Thank You. !•Harold N. Earley RR5BOX483 Detroit Lakes, MN 56501 I i ; ! j 1 T.137N.-R.41W.CANDOR CCKER COUNTYy ■£r^tu ^cfard J)a/y‘ing /> fS/orio. O -2 \ytot>Ki—-----—W^iJter. ©© ® Lhi^e. t Ariare:!. ^ £/yjfjii3t y /6^.«7 © 0Jerry »I ^ zCmASC// s (Sharon Ann 0 (S/iufr "OsiJaxA, aa<Ht JCennchii>££tiuuSoifd 17 /747Z >»^ &)Alum £Ai£nirAter ^ jj. QonoLi • € \HQrgQfe\^ rJicw,d.uAj-^n, IW £benutHer \ Cfta.ri&s /roLnlclir /Jf3ip• '^£ilte/^ 158^ /■Aa/i/j /iiO ^ ■ ylarcsMl^ W^oj'aOAuj ,5c/vndtJlllo U h c •H)f£dcJard 7 /.OanalA (4^/yiCJude^ SldiJ£j * AinniAj Slcunt/CtntraJ Co/ri,<SHO *'SO J)arir,ngIgHloH Cher liGtouje//ham i O £anam *SilSh.73 r/art/ynMof^xn80£ter^iileriOElk^O K8Ia, ^rbert fhr^t sf^rierl XennetA M *C(e/i//h■60■JON4^ {t/iScAneJc 2 ra r<*J Jean r^are, li^DraJJ ©©Jfeuen £hnerf' SO TJerome^ JlalrrvLn 1144^ /3t£ ^ ’ jTTw m JS^.J ,ha/rcL 4 Jay hrodSuft) ^ l^Allrnn G :£-l7tnMl/LU V s iJ/\lOuttH t Stan ■Stfodtiuft^£duard }A/iCO • KJCkJotadg «0 ♦ZO'AlOiiiLtaC/n/ua tAi±rii>in, Heain das^Sayd. 3fQ£jtgj/u • v<j 0.i■dcr/ue,Rr^yih,.rii ^ ^ J 3raM£>uru Z s7 Henru Jlanncj Aoa^lon 8icrardAiarhn <OIQz 5 John ^rdeJl9t QT-U HO5 iZD9PeuAj ( ' Dor^lA 5ar(xrai forreot <lAar^lA£/^uitLer' 12 ^bert 4 Sharoh ncLt/h /HO oIhOU.V 7 \^Jant <l/£rnic£j GIouJOj VERQAS jdufkin Cu/eri/ol(J Uaiiir SanAym <jKoO 106.08 /2939#o c *- '~'j}a/>aM. *'N Janeftej < >v ■^ixn/Coui6JCt* ^ 2Vi3 i)/9 I \f Jane. Ho■OunKOuXSiu kJeriii.1 ieanardI^Florence,AuutromMerJyn fSt/fj/ • JCeiion //JL(SolanoV/oyer < Oana.I Lueiia. \F7eUI-■•'so 7^e/aS Mo/foan Jamea SO \8PHQ 1670A msu%Ua e-i« »r FrihEl120 /7a/uin 4 Sardnu rjvi AeL6ltr I r 7QMS. tt ® jav fi)tho/r^ tt N.36©jJor/airL f Carol • /tialt ijaodlandJl jL (JaUer 13^ jandjULTho/n ly ■1 PalricjQ. ^rrr\^ iOoom 0\P 1 IS.81/HH?2H0LucjUt>\ ^li>0A^nLerC laalt “2©K’ i 33 34James y Orai/nd nji r 'V<.2 (7) Jo/arxi — Cotofoe, 4. Iti A r dihou ^dne^ f/darjor/&> £jditor »uaOAKO J601 J55ZHZHQ £rneot (SchaJ^OZ!%%l\— “ A.1 }. @ S^Ur/ci: 1^ /i#f ^ e/eL 154 CD I* 1-7 [“@ Z>U^ DOrVpG. 26 Mi41 IbO7.H3 0^Zl i‘ta.os ■S'USLIDA PQ.51* VERGAS STATE BANK PHONE 342-2481 4-Hers have fun learning! I VERGAS, MINNESOTA 17 *Y o\ A /|/i Sovo? /aoo C\ oAf ^A 7cx> " tf 1/a AU /OO /^5rro Jr 'O^ A' - c^-<^ ^ {jJXl. Ll d(nj^ /(Y^ /7 )jLu-v^ju-^ ■i'u^u^ t:.oAcX>Arro