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HomeMy WebLinkAbout37000050028006_Variances_07-12-2004$ 1 i i CQ^^naJl Y/l 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 received JUL l 3 2004 WNDS RESOURCE Application Fee ^0\COMPLETE THIS APPLICATION IN BLACK INK Receipt Number_ Accepted By / Date ~~ Y W- OohnSon 55~IU^ PROPERTY OWNER _ MAIUNG ADDRESS . 1S 0 LAKE NUMBER 54? '^(^70 A LAKE NAME fiASW-" L-J YTfci t*. SECTION DAYTIME PHONE N/fc____LAKE CLASS U isi <0_5 ISk C42-TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS 24lgb LA-k£. '1T-ZU. I ~ V\-C)C)O0^O 0^^000 i LEGAL DESCRIPTION . I L l<? 4-x wes4- o-T 4Vv_ 6+1-1 /vie.'^id^'^cuA, o(+e.y- -T?u,i . ^ (69-1 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size____Sewage System____ Subdivision Misc.Clusteri SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We are requesting a variance of 50 feet from the required ordinary high water setback of 200 feet for a future building site on Rush-Lizzie Lake. This site would be on a 5.2 acre metes and bounds parcel currently owned by Robert Johnson to be sold to Rick and Mary Johnson. The variance would allow for a house to be built between the lake and the wetlands of the proposed lot. Because the lot is on a point surrounded on two sides by water and another by wetlands, we are requesting this variance to minimize the impact on both the wetlands and the lake. 1 i I UNDERSTAND THAT I HAVE APPUED 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 & RES^RCE MANAGEMENT REGARDING THIS MATTER. ! {J^> SIG^TURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)' 'fh p,«*^t^' v*^oP^7' ♦ aA*^ 1^ >ctl^5-CiQI £s /i I /i //i /M4 ^ ^/,/%•x: . =sII ^ /; N// ^ h h/j A'^BTl A .-•CNll4 S ^.-* K) S~^ n5S!✓'U4 ^•\// U4 ^\A ft!!.f Nf \a.-1 oS.^^ ^ o -I <N UJ 's; \ / 7?^lu CAr \^ -j s <%. \\O\<v\ o \\2:'s "*'.\N.. NI ■C ' O' -A 7~------' " Cl >'-~-^-A'o•X? '--4, \•*s. ^Ss Scte, "" ^^'S/« , " ^ , ""A; n/ August 12, 2004 Page # 2 Robert W. Johnson - Approved as requested. (7:52 p.m.) Robert W. Johnson, part of Government Lot 1 and all of Government Lot 2, Section 5 of Lida Township by Rush-Lizzie Lake, requested a variance of 50’ from the required ordinary high water level setback of 200’ for a future building site 150' from the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Frank Lachowitzer made a motion, seconded by Paul Larson and carried with Cecil Femling voting no, to approve a variance of 50’ from the required ordinary high water level setback of 200’ for a building site location 150’ from the ordinary high water level. Hardship is the terrain and topography of the applicant’s property. The Board noted that this is perhaps the best location for a dwelling on this proposed parcel. Robert Barry and Kimberly Neuleib - Approved the variance application as modified. (6:55 p.m.) Robert Barry and Kimberly Neuleib, part of Government Lot 11, Section 10 of Friberg Township by Heilberger Lake, requested the following: 1.) There is a hill that starts 100' from shoreline. Therefore, we can only put our camper 89' back from shoreline and it is very wooded. We would have to dig out hill to place camper 100' back; 2.) My brother and I (Kim) own the property together. Therefore, we would both like to have our campers on the property. My brother only comes about twice a summer. His camper would only be there about one week at a time; and 3.) We would like to rebuild the storage shed that is on the property already. There is an existing foundation already there. The foundation has been there along time. Storage shed, per the applicants' drawing appears to be 30’ from the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Frank Lachowitzer and unanimously carried, to approve a variance of 1T from the required ordinary high water level setback of 100’ for the placement of a camper 89' from the ordinary high water level. The Board noted that they are taking no action on the proposed 16’ by 16’ storage shed as it can be legally placed on the applicants’ property as a water oriented accessory structure without the granting of any variances. The Board also took no action on the request for multiple dwellings since this is a prohibited use and the Board of Adjustment cannot legally grant a variance for a prohibited use. Kermit E. Bye - Approved the variance as requested for the proposed dwelling development and denied the variances as requested for the proposed garage development (7:04 p.m.) Kermit E. Bye, Lot 16 and part of Lot 17, Block 1, Pelican Point and part of Government Lot 6, Section 4 of Dunn Township by Pelican Lake, requested the following: Replacement Dwelling (55' by 55'): Request is for front yard setback to remain unchanged from existing dwelling in relationship to two neighboring lake homes to the north which are in exact line one with the other on all three such properties. Adjoining property owner to the south concurs and is agreeable to the front yard setback to remain as is for reasons of esthetics, continuity and privacy considerations. Any necessary legal documents will be prepared in recordable form and executed by such property owner. Garage and Judge’s Chambers/Office (40’ by 40’): Be permitted to be built over existing carport located near south lot line. Adjacent property owner will provide a written easement waiving any and all side yard requirements. Property owner to the south is agreeable to executing and recording a deed, easement, or other legal document granting or waiving the 10-foot side yard requirement for construction of said facility. From additional information submitted with the variance application it appears the proposed replacement dwelling will be 44’ from the ordinary high water level and it appears the proposed garage and judge’s chambers/office will be 0’ from the south lot line and will have a height of 35'. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Cecil Femling and unanimously carried, to approve the variance for the proposed house development as described in the applicant’s variance application and as depicted on drawing submitted with the variance application and to deny the variances for the proposed garage and judge’s chambers/office noting that there is adequate room to meet the side lot line setback requirement for this proposed development. The Board’s action does not grant directly or indirectly any variances to cover more than 25% of the total lot area with impervious surfaces and/or to construct any buildings having a height greater then the maximum permitted in the ordinance. Hardship is a substandard lot of record. ■ \ \ \ /vit'<^ ■A ^ ‘t»' •-’. vf Him P,£S0V)RCE Qi^ 5"Cl 1 gs JUL/i I /j //i /U4 /i -A' i^:s:^ 1, ^ /^5*/,/<>^ AXV'$'5a/J ^ /i //aN//v/i / f/>1/^ // /,/;?-■ CN \3\S3I NH5^iin]' Lq rn 35* I •—'1”I //• /Q-J Acpes *\//!\ n-r!fI! s il52 Nf . /VS(\/Ir~ '' 1^UJI:i^' lU s:1 \/ /-Pid Iq lis.:c q \l£PU4C1)§\OpQd Qd A.\(\' h \5ti 1 o O.\Zs -,\\\\\Qd ^I NiIlAt ,V.^'7:0 ’'°-.^ -s "■'M' vV '^'*‘*^ ■ ti- \'1 i / ■■ *. O' XT' A-C, ■7^-______ / f 30?J Cl \ ^3 \1\,.........A32t* ,x: ■\. ^ > ■ ^7// \V^ . V V 4-v-^, 7-or e'f '-o'* ■\- \\ >■ ; DIRECTIONS TO ROBERT JOHNSON CABIN S©-n>) ADDRESS: 24185 LAKE LIZZIE TRAIL LIDA TOWNSHIP TELEPHONE: 218-863-4105 . ' O FROM HIGHWAY 59 - EAST LAKE LIZZIE ROAD INTERSECTION: -TAKE EAST LAKE LIZZIE ROAD SOUTH (GO 3;4 MILES) TO LAKE LIZZIE TRAIL, TAKE RIGHT ONTO DIRT ROAD • 1 SEE MAP BELOW -GO APPROX. 0.3 MILES TO "Y" IN ROAD, TAKE RIGHT -SHORT DRIVE TO DEAD END AT CABIN r- olL. I,SI * 3TtL i EAST LAKE LIZZIE ROADfI*1 <1 Viff </\t :1j r SHEEP SHED LAKE LIZZIE TRAIL f:- i.p 4 HOUSE /(SATE "T" IN ROAD Z(Q< Yoo T° u A«->P i^P^uy-/: Yot) PifJ/> lAWrrr fTfcA&s THAr •p4^ (/u>fov£. SiT>r ^ y ■. •• t: 1 •i ■; : i r ;■ ) r W. LINE e. LINE : CENTEEXISTI CHORD BEARING CHCCURVE S 45*04*50*^T 204 S 06*2q‘55*E 141/ N egWl?* E 791 N 56*32*5q'nE 32.( N &5‘2q*56^42.' S 7736'Ife^42.' 5 71*32*34^63.1 N 7q*iq'oi^ H 799 5 60*4q‘25*~E 120. S 46*46*10" E 122. N 34*55*16* H &5.I N 56*20'0&^2^7 N 56*13*06' T 1^5 NDERSON LAND SURVEYING, INC.S 6q*05'04*^ N ft437*l7‘ W CI4 36.1 CIS \92 S 63*22*31* W 51.CCI6 PROFESSIONAL LAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH Mia STREET. FERGUS FALLS. MN S6537 (218) 739-5268 (800) 300-9276 9 5S*26‘63'’~^CI7 117. N 46*47'I4* E 76..C15 S 34*54*42*^7C\9 5<1.