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Home My WebLink About37000050028007_Variances_08-12-2004ii OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #— s filed/recorded in this office for rec^d on the—L£.day 9004 at2^f^i2(am/jbm hiiietcalf, County Reorder 960481 9KOdM1 way\ D Recording f^^ .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 received viUL 1 3 2004 lands RESOURCE c2.;2.<x ^Application Fee /^7 yoiCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ~~ IY '^dbori W. OohnSo*^ 1^50 Avtnuc 35^1 A lake NAME fixSW ^ PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS N/£LAKE NUMBER ____LAKE CLASS UsC42,SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS ^4|g^ ijlkC Uy2^[e I:^4-DOQ05DO:^^^OQ LEGAL DESCRIPTION ill-, ^ -i-7 ,of (^vc.y \rii<vi£^^ Uot 2. | S^c-nL)io 'Towiosk<^ 13u? Njov^VK 4-2_ wes>+ of 4h^ "pv^(ioo(p£M /Vtc^i^A.’cu/r, off(V ^ ^ S' ^leAJb^) TYPE OF VARIANCE REQUESTED (Please Check) structure Setback )C 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. We are requesting a variance of 50 feet from the required ordinal^ 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. 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. t, / X—7' ■i -'-'' '•t SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) pio 3 H- 3kjU 6-W~nj2^'-U (AAltyk'C'fb /Ot)0 aOd//?/T7.DatepGf'H^ariiiig Time Motion Robert W. Johnson - Approved as requested. (7:52 p.m.) 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. Gm^rman/Otter Tail County Board of Adjus^rnenT Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No __SkihlL R Official/bate / Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0204-001 317,340 • Victor Lundeen Co, Printers • Fergus Falls, Minnesota DIRECTIONS TO ROBERT JOHNSON CABIN ^o.r7>J op f/Lar*rr<>ADDRESS: 24185 LAKE LIZZIE TRAIL LIDA TOWNSHIP TELEPHONE: 218-863-4105 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 SEE MAP BELOW -GO APPROX. 0.3 MILES TO "Y" IN ROAD, TAKE RIGHT -SHORT DRIVE TO DEAD END AT CABIN (,SI*C»i10S*7 3TC«- EAST LAKE LIZZIE ROAD SHEEP SHED LAKE LIZZIE TRAIL J i* j>'HOUSE (SATE '■T" IN ROAD zIQ<t Co ^x»sT.o ui^Tiu \oo r.i-»P uWfpr that l^aP Yoo n.a-tH T° rvU (/U>for^t> 'A ^^!»-€..Y«-^ PAP-t o#t 4^/vy vw-f*I pecew^o H. 3 ZOO* -bc^Qi2: S'QsCiI£ S autI Cii Uj i? %•C^t ^5'36// t~-2}<N Cl ■I?.-,♦ II C\-•• NNS^^ 2} U4 rn ly 35a >v.♦* . - /.*/\//\t k' f NtvS/pc#(\ JCP AViC UJ 3:^S5 ■p\/Uj \S: ~jUj o\Ov\(V ^\\2\\ <Ap:, ------T ®'S/«5“k A//?)- /^/A>-> ^i August 12, 2004 Page # 2 Rooert 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. / North line of ' Gov'l Lot I Section 5-136-42 East Quarter corner Section 5-136-42 (cast iron monument) CERTIFICATE OF SURVEY IN GOV’T LOT / SECTION 5-136-42 OTTER TAIL COUNTY, MINNESOTA Water line shown from half section mapping only r" rn A East line of Gov'l Lot I Section 5-136-42r O oo o Water line on April 20. 2000 [ Proposed building site o\ (5^ \ 5?^ BENCHMARK: Set Spike in 27” R Oak Elev. = 145.4'(assumed datum) BUILDING CONTRACTOR: Dana Tomlinson P.O. Box 1763 Detroit Lakes, MN%Water line shown from half section mapping only SURVEYOR: Roy A. Smith and Associates 522 West Main Street Detroit Lakes, MN 56501* • = Denotes iron monuments found. 144 . 4 = Spot elevation of 144.4’ (assumed elevation)\ Scale : I inch = 100 feetn \ ^ 200100scaleO graphic \ %\ \_3IV ,■ V .-eitiiv tfiui lUix/ey. pion e; v<r! <rub pi«pcu«d by oae o» under my ' rHO aupemsion and that t xax a duly Hegis- inde^ the laws of tbs \ Z> TRACTSBOUNDS . ?y tQOO r «C.' N<,.1 T 5791-12