HomeMy WebLinkAbout08000160124011_Variances_11-04-2010. »v
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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
4r)^.■o6Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
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PROPERTY OWNER ________DAYTIME PHONE
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MAILING ADDRESS
'7‘y(P\A’t RDS’t -531LAKE NUMBER LAKE NAME LAKE CLASS
Cu't-tc/OfRANGE V/SECTION TOWNSHIP TOWNSHIP NAME
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NUMBER 0^ 000 j(cOri^Ql)E-911
ADDRESS 30 m
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
Misc. XStructure Setback Structure Size Sewage System Subdivision Cluster
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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Hon - VCcyvjUo»TT .
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.
o<T r 7ojOSIGNATURE OF PROPERTY^/NER / AGENT FOR OWNER
DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
7:Date Of Hearing Time
Motion
James Joel McElhany Tst-Variance approved as requested with conditions. (7:15 p.m.)
After discussion and consideration, Steve Schierer made a motion,- second by Thomas Lee and carried with Paul Larson and
Randall Mann voting no, to approve the variance as requested in the application dated October 8, 2010 with the following
conditions: 1.) no more than 25% of the total eligible lot area can be covered with impervious surfaces and 2.) before any work is
started the Land and Resource Department must take pictures and measurements of the existing boathouse to assure that the
new structure is the same size and shape.
iairman/Otter Tail County Board of A^stment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R OfficialAjate
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
1058497
No' ddinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( ) not required.
Certificate of Real Estate Value No___
____________________/S'
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
was filed/recorded in this office for record on the_j5ilx-day of
2009 at jZjAQ_a
ecorder
(Year)
Wayne Stein, County Auditor JunA
Z/A ■ recording fee^ '' well certificate
Cj Deputyby
Deputy
(space above for recording data).
QUIT CLAIM DEED - Individual(s) to Individiial(s)
I /O COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX $
NUMBER
DATE _W^/_S!j=o4—
, 2009Date;
STATE DEED TAX DUE HEREON; $1.65
FOR VALUABLE CONSIDERATION, James J. McElhaiiy and Julie Ann McEJhany, husband and wife,
Grantors, hereby convey and quitclaim to the Janies J, McElhany Revocable Trust, dated April 1, 2009,
Grantee, real property in Otter Tail County, Minnesota, described as follows;
A tract oflaiid in Government Lot 1 of Section 16, Township 137 North, Range 41 West of
the 5th Principal Meridian in Otter Tail County, Minnesota, described as follows, to-wit:
Beginning at a point (survey iron) which point is located as follows: Commencing at the
southeast corner (iron stake) of said Section 16; thence proceeding by the following
courses and distances, viz: North 89 degrees 47 minutes West 1,315.7 feet; North 01
degrees 09 minutes East 596.6 feet in the east line of said Government Lot 7; North 86
degrees 09 minutes West 148.0 feet; North 74 degrees 19 minutes West 140.0 feet; North 55
degrees 41 minutes West 137.0 feet to the said point of beginning; thence running by the
following courses and distances, viz: North 55 degrees 41 minutes West 73.0 feet to an
iron stake; North 11 degrees 20 minutes East 165.07 feet to an iron stake on the shoreline
of Leek Lake; South 86 degrees 50 minutes East 64.0 feet along the shoreline of said lake
to an iron stake; and South 10 degrees 15 minutes West 202.71 feet to the said point of
beginning and there terminating; contains 0.28 acre; aiso herein included arc appurtenant
riparian rights for the above described tract at its shoreline on Leek Lake.
Together with and appurtenant to the property above described, and for the purpose of
ingress and egress to and from said property, a perpetual easement in common with
others, to use the road 66.0 feet wide abutting on the southerly side of the property hereby
conveyed and running in a northwesterly direction and in a southwesterly direction to the
public road, with such changes, additions or alterations as may hereafter be made to such
road.
together with all hereditaments and appurtenances belonging thereto.
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-998-8095
Otter Tail County’s Website; www.co.otter-tail.mn.us
November 8, 2010
James Joel McElhany Tst
5302 Correctionville Rd
Sioux City lA 51106-5332
Dear Mr. McElhany,
As stated in the minutes from your Variance Hearing of November 4, 2010, your variance
was approved with conditions as follows: 1) No more than 25% of the total eligible lot area
can be covered with impervious surfaces. 2) Before any work is started the Land &
Resource Dept, must take pictures and measurements of the existing boathouse to assure
that the new structure is the same size and shape.
I have enclosed a Pre-Application Site Inspection Request form and a copy of your
drawing for your use when you are ready to proceed with the project. Once you have
removed impervious surface area bringing it to 25%, show area removed on the drawing,
complete this form and submit to our office. One of our Inspectors will go onsite to verify
the removal and take the necessary pictures and measurements of the boathouse. When
this has been completed, a Site Permit may be issued for the replacement of the
boathouse. I have enclosed a Site Permit Application for your use.
If you have any questions contact our office.
Sincerely,
fhClAMA
Mavis Samuelson
Permit Tech
End.
November 4, 2010
Page # 2
Claudia Engelstad - Variance approved as requested. (6:51 p.m.)
Claudia Engelstad, Lot 3 Block 1 Engstrom Beach First Addition, West McDonald Lake in Edna Township, requested
■ the following: Requesting a variance of 6T from the standard ordinary high water level.. The normal structure setback
being 100 feet. For the purpose of adding a second story to an existing dwelling. Existing dwelling is located 39’ feet
from the ordinary high water level. Jay Pepple, Architect, appeared with the applicant 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 carried with Randall Mann and Steve Schierer
voting no, to approve the variance as requested in the application dated October 14, 2010 and as depicted on the
drawings submitted with the application. The variance as approved only grants a variance from the ordinary high
water level setback requirement and does not directly or indirectly grant any other variances from the requirements of
the Shoreland Management Ordinance for the proposed development. It was noted that the proposed development
will keep impervious surface coverage under 25%, decrease the existing footprint and place the existing deck in
compliance with the side lot line setback requirement.
Mike and Mona Johnson - Tabled (7:12 p.m.)
Mike and Mona Johnson, Lots 10 and 11 Meyers Second Addition, West McDonald Lake in Dora Township,
requested a variance of 14' from the top of a narrow bluff - being 16' from top of bluff. Required setback is 30’.
Proposed garage is to abut the toe of bluff. There was general discussion regarding this application; however, prior to
the hearing date the applicants verbally requested that their application be tabled until a later date.
Joel McElhany Tst-Variance approved as requested with conditions. (7:15 p.m.)
James Joel McElhanyTst, Lot T-12 Moltzan Survey Lots of Government Lot 7, Section 16 of Candor Township by
Leek/Trowbridge Lake, requested the following: Impervious surface calculated at 26.4%, versus 25% allowable.
Structure built 1972 before or rather after October 15, 1971. Tax records show 1®' taxes paid 1973. Original owner
purchased lot in October 1967. Per phone conversation - requesting a variance to replace existing boathouse with
new structure same size and use as original structure in same non-conforming location. The audience was polled
with no one speaking for or against the variance as requested. Emails in support of the applicant proposed
development from Corey and Ericka Peterson and E.M. and Marian Tuomala in support of the variance as requested
were read for the record. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee
and carried with Paul Larson and Randall Mann voting no, to approve the variance as requested in the application
dated October 8, 2010 with the following conditions: 1.) no more than 25% of the total eligible lot area can be covered
with impervious surfaces and 2.) before any work is started the Land and Resource Department must take pictures
and measurements of the existing boathouse to assure that the new structure is the same size and shape.
Cory Klostriech - Denied. (7:29 p.m.)
Cory Klostriech, Lot 1 Birchwood Shores First Addition and Lot 6 Birchwood Shores Second Addition, Pickeral Lake in
Maine Township, requested the following: Split Lot 1 Birchwood Shores First Addition from Lot 6 Birchwood Shores
Second Addition and to declare each lot buildable for single family residential use. Lot 5 Birchwood Shores Second
Addition had a year round home established four years ago. Note - Garage on Lot 1 is about 2’ over property line to
Lot 6. Lot 6 is the largest substandard back lot, I believe on Birchwood Shore Second Addition, with nothing on it.
August 5, 2010 meeting - Sara Klostriech was also present at the hearing. The audience was polled with Darwin
Krause seeking clarification/information regarding the applicant’s variance request. Also, an additional individual
spoke regarding the need for a survey to determine both the lot line and the location of an existing garage. After
consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and carried with Thomas
Lee abstaining, to table, with the applicant’s verbal permission, the hearing on this variance application until the
October 7, 2010 Board of Adjustment meeting to provide the applicant with an opportunity to have the property
surveyed and to consider possible other alternatives. September 2, 2010 meeting - Prior to the public hearing the
applicant submitted an email requesting that his hearing be tabled until the October meeting of the Board of
Adjustment. October 7, 2010 meeting - Prior to the meeting the applicant contacted the Otter Tail County Auditor’s
office, by phone, to request that his variance hearing be continued until the next scheduled meeting of the Board of
Adjustment. November 4, 2010 meeting - After discussion and consideration, Steve Schierer made a motion,
second by Michael Harris and unanimously carried, to deny the variance as requested as no adequate practical
difficulty/hardship had been shown that would allow for the granting of the variance as requested and there was not
enough information presented to the Board to allow them to make an informed decision.
Tl\)( OSOoOi(,011^0)1
LEEK LAKE
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Oct-08-2010 12 40 PM VERGAS STATE BANK 218-342-2510 5'6
!
IMPERVIOUS SURFACE CALCULATION WORKSHEET;
of Onalta (ExSsHna and Pm^ased) Impervioua Surteeaa (must ba shown on ieeala drawinal:
;Structure(a):
IR*IDeck(s):
R2Drlveway(s):
II-z-FPPatto(9):
Ft*Sidewall<(s):
*7 FP iStairway(6):I
IFt*Retaining Wail(s}:
R*Landscaping: (Plastic Barrier)
Other
/
!Ft*
■
i3> -~1 Ft®TOTAL IMPERVIOUS SURFACE:
II!Z, t'UDLOT AREA:Ft2
.•Z.6 X100=>.%
TOTAL IMPERVIOUS SURRtCE LOT AREA IMPERVIOUS sunnwe nlmo
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Wayne Stem
Mmtuo@aol.com
Thursday, November 04, 2010 2:12 PM
Wayne Stein
Re: Hearing for Variance
From:
Sent:
To:
Subject:
We are neighbors of James McElhany and are in favor of granting a variance to Mr. McElhany to replace existing
boathouse with new structure same size and use as original structure in same non-conforming location.
E.M.Tuomala and Marian Tuomala
30187 Candor Hall Trail
Vergas,Mn
mmtuo@aol.com
i
1
Wayne Stein
Peterson, Ericka <ericka.peterson@goodrich.com>
Thursday, November 04, 2010 10:50 AM
Wayne Stein
copete@means.net
Jim Mcelhany - Candor Hall Trail Variance Request-
From:
Sent:
To:
Cc:
Subject:
To Whom It May Concern:
We own the property located at 30165 Candor Hall Trail in Vergas, MN. Jim Mcelhany has requested a variance
for his property which neighbor's ours on Leek Lake. We are writing in full support of allowing Jim to fix the
boathouse located on his property. Please contact us if you have any additional questions.
Regards,
Corey and Ericka Peterson
Cell: 612-730-9584
Home: 507-744-5704
;>
-I
1.
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 applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern;
James Joel McElhany Tst
5302 Correctionville Road
Sioux City, IA 51106-5332
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, November 4, 2010 at 6:30 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
Lot T-12 Moltzan Survey Lots of Government Lot 7,
Property Address - 30177 Candor Hall TrI
Section 16, Township 137, Range 41 - Township Name - Candor
Lake No. 56-532, Lake Name - Leek/Trowbride, Class - RD
The variance requested is -
the following: Impervious surface calculated at 26.4%, versus 25% allowable. Structure built 1972 before or rather after
October 15, 1971. Tax records show 1®* taxes paid 1973. Original owner purchased lot in October 1967. Per phone
conversation - requesting a variance to replace existing boathouse with new structure same size and use as original
structure in same non-conforming location.
"Waym Stein
Board of Adjustment Secretary
Date: October 15, 2010
UIND Sc rv:^u}.Oyf<Cli, MNAGEivlErv'; COUNTY OF OTTER !tAIL
\FFT^US FA:.I,S, MINNESOTA
\
-.0-1 b
;(S.\/4C0R.
SEC.16A-T \
I-irr'
^ WmVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel
described in my __
cOoTr 1 p
Application
. As a result, it may not be^possible for
Otter Tail County to meet the legal requirement to take action within 60
dated
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
yr>c£0>,per a’,
DATED ROPERTY OWNER
11-02-04
Mbowman forms-apps waiver 60 day rule
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 October, 2010 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
James Joel McElhany Tst, 5302 Correctionville Road, Sioux City, lA 51106-5332
Sharon Sauer, Twp Clerk of Candor, 51902 County Highway 17, Detroit Lakes, MN 56501
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 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, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
David Trites, 20944 Westwood Dr, Clitherall, MN 56524-9596
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: October 18, 2010
Wayne Stein, Secretary
Otter Tail County B^rd of A^ustment
By:
Vi Manderud
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