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HomeMy WebLinkAbout08000990335000_Variances_06-03-2004OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 355647 I hereby certify that this instrument * 355647 was fiied/recorded in this office for record on the_^day of 2004 atiOQ >ra^Wendy lii Metcalf, County Fteoo by: J^ut^___^recording ' well certificate 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 APR 2 7 2004 o oLAND & RESOURCE S'OO^ Application Fee y 24-9/ Receipt Number Accepted By / Date £3 3 V<3/ COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER DAYTIME PHONEfhRMAILING ADDRESS 3 ^Ar I j -c.AVf /•/ U fy LAKE NUMBER~ S'JA LAKE NAME Le. e R T?o /brcJ SECTION JL township !3 y RANGE DH! TOWNSHIP NAME C-C< ^cJr^ RhLAKE CLASS Cl APARCEL NUMBER E-911 ADDRESS08 - ^1^-0336-000 uj et" LEGAL DESCRIPTION Lot ^ (a of^ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback____Structure Size____Sewage System ^ Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. p\w held Ld jO I d tiPO C- to Q r ( c oh O ' O stro, ./ l'l If y/ y. Ci Se'f' ^ /-ja f~P s A . K •ft c. h S tlC-o~l~~ c>"f‘ ,c\ S ur 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 PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) (^oay'TimeDate Of Hearing LJt rf\o Motion Timothy D Hertel - Denied. (6:55 p.m.) After discussion and consideration, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting that there is adequate room for the placement of the septic tank 10’ from the dwelling. The Board also noted that had this requested come before them before the installation of the tank it would not have been approved. The Board also expressed concerns with health issues should the septic tank remain in its present location. hairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0204-001 317,340 • Viclor Lundeen Co.. Printers • Fergus Falls, Minnesota June 3, 2004 Page U 2 Robert Hofflander - Approved as requested with a condition. (6:42 p.m.) Robert Hofflander, Lot 4 and part of Lot 5 Stuart Lake Park, Stuart Lake in Girard Township, requested the following; Project is to construct a gabled roof with a 4 - 12 pitch on the existing garage, which has a flat roof. The maximum height of the new roof would be 4’ above the existing roof. A variance of 4’ was granted on April 26, 1995 for the 1995 garage addition, which came within 6' of the septic tank. The garage is 24’ to the center of 220*^ St. and 13’ to the edge of the road. The variance needed is 7’ from the required 20’ road right-of-way setback. There are three other garages on adjacent properties that are located approximately the same distance from the road as our garage. The footprint of the garage remains the same. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Steve Schierer and unanimously carried, to approve the proposed project as described in the variance application dated April 26, 2004 and as depicted on the drawing submit with the application with the condition that a letter from Girard Township agreeing with the Board’s action must be obtained before any permits are issued. The Board noted that the granting of the variance as requested would provide the applicant with the ability to maintain an existing structure. Clark Stahlecker - Approved the variance as requested with a modification. (6:48 p.m.) Clark Stahlecker, Lot 5 Lillis Survey Plat of Government Lots 2 and 3, Section 16 of Dead Lake Township by Dead Lake, requested a variance of 114’ from the required ordinary high water level setback of 200’ for the construction of a garage 86’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the variance as requested. A letter from Ernest M West concerning this request was read for the record. After discussion and consideration, Michael Conlon made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 114’ from the required ordinary high water level setback of 200’ for the construction of a garage and/or for the construction of a carport 86’ from the ordinary high water level. The Board noted that the variance as approved does not grant directly or indirectly any other variances for the proposed project. The applicant must meet the side lot line setback, the road right-of-way setback and the impervious surface coverage requirements of the Otter Tail County Shoreland Management Ordinance. Timothy D Hertel - Denied. (6:55 p.m.) Timothy D. Hertel, Lot 26 Block 1, Trowbridge Point, Leek/Trowbridge Lake in Candor Township, requested a variance of 3’ 3” from the required septic tank setback of 10’ for the placement of a septic tank 6’ 9" from the existing dwelling. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting that there is adequate room for the placement of the septic tank 10’ from the dwelling. The Board also noted that had this requested come before them before the installation of the tank it would not have been approved. The Board also expressed concerns with health issues should the septic tank remain in its present location. OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tall) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 17th, day of May, 2004 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Timothy D. Hertel, 3819 River Drive S., Fargo, ND 58104 Rodney Richter, Twp Clerk of Candor, 31257 County Highway 4, Vergas, MN 56587 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, 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, 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 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572 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 17th, 2004 Wayne Stein, Secretary Otter Tail County Board of Adjustment \/jL By: Vi Manderud Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Timothy D Hertel 3819 River Drive S Fargo, ND 58104 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, June 3, 2004, 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 26 Block 1, Trowbridge Point, Property Address - Between 49597 and 49581 Trowbridge Circle Section 16, Township 137, Range 41 - Township Name - Candor Lake No. 56-532, Lake Name - Leek/Trowbridge, Class - RD The variance requested is - a variance of 3’ 3” from the required septic tank setback of 10’ for the placement of a septic tank 6’ 9” from the existing dwelling. Wayne Stein Board of Adjustment Secretary Date: May 14, 2004 55^^-00^33i, 3 37 3^3S 3?^ , jdit-p «■■ Zihld-Uj^35?AU.Il' lAjOW f^_' OO^d^' ^ 3>^l 3^ ^4^'^jlOdt.if ■ 3 7/ ^ “3 'T^^-^--4'^ S433io 3^/ 3>35-^0Ojui^ 3o4 i‘ 3>l^d’ty3(^d 5^3'335 V. :-'. 772>o^ "/g.-vo /?/7).Date Of Hearing Time Soc’i-^g>:ia P/r\ Motion Timothy Hertel - Approved as modified. (8:10 p.m.) May Meeting - The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, seomd by Paul Larson ar>d unanimously carried with the appticanfs approval, to table this hearing until the June 5,2003 meeting so that the applicant ran consider other alternatives and have an opportunity to meet with the township. June Meeting - The applicant submitted his revised plans for consideration. After discussion and consideration, motion was made by Mark Steuart second by Steve Schierer and carried with Joe Maske abslaininig, to ap^iro^/e the placement <rf the holding tank and the placerhent of the proposed dwelTing, excluding the deck, in the locations as depicted on the revised drawing submitted by the applicant. CandorTownship has approved the location of the proposed holding tank. It was also note that the applicant’s revised plans no longer call for a variance from the side lot lines. Hardship is a substandard lot of record. ^ -i: • Chairman/Otter Tail Courrty Beard of Adjustpnent Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No 2 7 2004^ L R Oflicial/Date •V.. ..1>*a • ' s - -rA'T* ‘' Copy of Application MaiJad to Applicant And the MN DNR RESOURCE f BKHM02-001 311.401 • VkMv liitfMn 0», PitaM • ■ 1-0DD-3»«T03 >■’ f:C'. ■■ d .'I Bosnucc^ M:->naqornc?nl ' ;;i fJ.i -aocr.^ent; lu)yL__inch(es) equalsin.yn feetfeet, or.grid(s) equalsScale: Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) .ILC^>% ^total Lot AreaTotal Impervious Surface Onsite (FT2) RECEIVED APR 2 7 2004 LAND&RESOmpcf DatedSignature 304,678 • Victor Lund«ert Co.. Printers • Fergus Falls, MN • 1-80O-346-4870BK — 0500 — 029 knovra ’HRoteriY;;?'; y'iNT; and hereby dr:;l-nt« to the oj.r.iic use fore-rer the roads ea shown? aJ.cta the Lots 'iegit'-uated 6’OI/'7 LOT / "CoKiuions", vi?A - Int of Block ‘V.e (1) .Lot of Block :wo (2f are reserfod bp- .Laks rcocos .v.»-v?,or. for the ■■; r !. np cwmru of TOch iQtc m ho-re no lake shnrel i .-r... ac otnsere '*•? the foHoeiu^- ■ff’ t.'-if n«;co to t.h© ptibiic use for rticd pur; or.??-':- la width loooted in Cnv*t, Lot T„c (B), Section ^Irtcrr; (!■■'^ ffiootionod Township and Banff;, whoso oentor 11 no ip -ioscr Mt-i A rt t r i ; '■*' C.nr--~f.„ as fc.; «4t!Beginning «t, tft© North Juartcr Socticn Corner ~f call Section i-'t thecec n:i!T!ing South I3'’ Sast plC.O feet? Ahence Couth hK» foetj theace South 53" Sast 6-7%•" foot4 AT.W< a t?trin i 0;;;! nlong the East elAe 01 the East Rr.lf of to;- .'ioutim’at v^-^rfor (,h--\3w ) of Section, fiiiv? (';0e aforfjpnt'i TermsEir. oeA Pence,. cp f'"’ huflnning at the Northeast horcc’’•f the raj- thence <S’> Alt Olii^NL' f .J . No. GRANTi'3R~ Joseph Horejo and Barbara Horejs, his wife. ORANTKfC- Lula L. Howland CONS IDFPATI0N4'300, 00 Aosigno School I^and Certltlcate No. 40725 and the land therein described, vlziwife, before J. W, Chalupsky, N.P*, Pine Go,, Jllnn, Coiji. Ex, Oct,5>1911 (Notarial real) ASSIGNMENT OF C0MMIS3lONFR »S C’^HTIFICATF DATFD- May 5, 1906 FILFD- my 24, 1906 at IO1I5 A.M, In Book 0 of Mlscel. page 262 Two Witnesses. Acknowledged May 5, 1906 by Joseph Horejs and Barbara Horojs, his Lot 1, of Section 16, Township 137, Range 41 <•