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HomeMy WebLinkAbout37000260129016_Variances_09-07-20069-1-200U> OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1 hereby certify this instrument -------------------was filed/recorded in this office for rectfrd on thejj^----day of piw i 2006at2i£Lii(^^m Wendy L Metcaif, Coiflnty hyrM 100hl69 drecoroino/^ 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 /^(pShf 1 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date DAYTIME PHONE OrUt-r'/'s Z. /-JoLLA/tyP 3;z-73^ rmo>.ry LAKE NUMBER5*/^-074^7-0/LAKE NAME / I C) <3LAKE CLASS Je!/. PROPERTY OWNER MAILING ADDRESS Li DA^ L / 5 ^ RANGE n ^ 3L TOWNSHIP NAMESECTIONTOWNSHIP PARCEL NUMBER E-911 ADDRESSTs'lono :iLo Ten LEGAL DESCRIPTION ^ec, 3,^ Tuj/i.lZC o Ac) €U/?l/ey^l pT &.L. 1^' o/ty IM(:- TYPE OF VARIANCE REQUESTED (Please Check) i^'^ructure Size Structure Setback Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.iThe. ^•fHT feeT /fW /S To To 2o Pee/— An R\/ SfT-e, UfA'/. u> 'J~h c /O^ P^erry of ^/fiPP ^ ^^ ^ hitApP S er loA^k ^ i>A/ oif-n as 0- 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. ^ ~ JO - 0 G SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) y,- V 3/^/f).'?Date Of Hearing Time Motion Curtis L. Holland - Denied. (7:43 p.m.) After consideration and discussion, Cecil Femling made a motion, second by Steve Schierer and urianimously carried, to deny the variance as requested noting as the reason for the denial the June 8, 2000 Board of Adjustment minutes. R^irrnan/dtter 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 LR Official/Date bk 0106-001 V. Lundeen 324855 PAbt 02/tJ3.’b3bl4bi^‘b Iit'w(-ic.l -IbiUB/U / ^Ubb ifllU 37<:^oo^i>o O’ Tax parcal Nuniberfs] Drav;lng must be to seals. Drawing shall Identify project and includa tno sstbacte to all of the existing and proposed lotilnes, road right-of-way{sl, ordinary high water level(s), etruoture<8), saptica tank(e], dralnfield(s), bluff(s) & wetlandjs), Must also Include all proposed topographical alterations. \" ^ \io retT ... ^A-CL % Iffiporvlous SurfaceScale 3 vwthi<I>1^ 94^'R/W©Lotus! £ ® 0 A 0 g)/o'.Wfsv''VOr RV SepTid VIoiJbiNd T^ii lo'II'S'* 3d''cj: ;r ■> ur a< N ^0:3i/i M 'MCC ' T5luff Lwf H s (fl TM rvl CN NoT£6- O Ti+e ® SVIJ.60L loewTines that S*^rtTv' To ^TPi-tC.TUC£. @ Tt+eize t<, A- 3' &-D&6 TPOM'-OIKIS «^PEr>> Ti -S-rtCv-iCTdifLe. ^t=^u^t'-7un£ VJAIOV: Roa,T! TtJvdtO To PAOVyfOfc WeSrf- -SaxT^-TV .^rjO TJ> -rue Lihje. in^titre of Propenv Ov/nor Date ^2^.180 • ViCTor^unoMn C9.‘'miDfQ • T/i'iv ►/!% • i-OCO-SSfi-IGTOBK - OSOS September 7, 2006 Page # 2 Marcella M. Silbernagel - Approved the variance as requested. (6:55 p.m.) Marcella M. Silbernagel, Lot 12 Block 2 and an interest in Reserve Lot A Juniper Hills, Marion Lake in Dead Lake Township, requested a variance to have Lot 12 Juniper Hills, a substandard back lot, declared a buildable lot, Steve Sheets 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, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to declare Lot 12 Juniper Hills a buildable lot for residential purposes. The Board noted that the variance as approved is consistent with past Board actions in this immediate area and as approved will provide the applicant with the ability to enjoy the same rights and privileges as other in this immediate area. Roger and Barbara Eckert - Approved the variance request as modified with a condition (6:57 p.m.) Roger and Barbara Eckert, part of Government Lot 1, Section 4 of Star Lake Township by Star Lake, requested the following: Roof over carport has a sag in it and needs to be repaired. The carport is 2-3 feet from the property line. Required lot line setback is 10'. The structural footprint will not change in size. Also want to change new roof style from gable to shed style. New addition has shed style. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and carried with Cecil Femling voting no, to approve a variance of 5' from the required north side lot line setback of 10’ for the reconstruction of the existing carport 5’ from the side lot line with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. The Board noted that the applicants’ proposed project is maintenance to an existing structure. Michael and Sharon Anderson - Approved the variance as requested with a condition. (7:06 p.m.) Michael and Sharon Anderson, Lot 4 Block 1 Silent Lake South Shores, West Silent Lake in Dora Township, requested a variance of approximately 7’ from the required ordinary high water level setback of 100' for the addition of bedroom/bath with basement approximately 93’ from the ordinary high water level. 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 Steve Schierer and carried with Cecil Femling voting no, to approve a variance of approximately 7’ from the required ordinary high water level setback of 100’ for the placement of the proposed addition approximately 93’ from the ordinary high water level as depicted on the drawing submitted with the variance application with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. Hardship is the terrain and topography of the applicants’ property. The Board noted that the proposed addition will be a single story structure, which is behind the existing dwelling away from the ordinary high water level. The Board also noted that this might be the only location for the proposed development. Steve Henry - No Action Taken. Steve Henry, Lot 6 Henry’s Hill 2"'* Subdivision, Franklin Lake in Dunn Township, requested a variance of 30’ from the required ordinary high water level setback of 100’ for the placement of a 6’ by 20’ entryway, with an 8’ by 16’ roof over a deck, 70’ from the ordinary high water level. The audience was not as polled as the applicant did not appear at the pubic hearing. The Board took no official action at the September 7, 2006 meeting. The Secretary will attempt to contact the applicant prior to the September 14, 2006 meeting. The Board will address this application on Thursday, September 14, 2006. Curtis L. Holland - Denied. (7:43 p.m.) Curtis L. Holland, part of Government Lot 1, Section 26 of Lida Township by North Lake Lida, requested a variance of 10’ from the required road right-of-way setback of 20’ and a variance of 8’ from the required bluff setback of 30’ for the placement of an 8’ by 30’ RV 10’ from the road right-of-way and 22’ from the top of the bluff. The audience was polled with John Bahma, Dawn Herdman and Albert Conrad Posz speaking to the variance as requested. John Bahma and Albert Conrad Posz expressed concerns with the variances as requested which are detailed in the attached letters. Dawn Herdman, potential purchaser of the property, explained the planned used and sought clarification from the Board of Adjustment. Letters from A. Conrad Posz and Earl Strinden expressing concerns with the variances as requested were read for the record. A copy of these letters, by attachment, will be incorporated as a part of the official minutes. After consideration and discussion, Cecil Femling made a motion, second by Steve Schierer and unanimously carried, to deny the variance as requested noting as the reason for the denial the June 8, 2000 Board of Adjustment minutes. t. A. Conrad Posz ■■■■■■■ 9307 W 23'’^ St, St Louis Park MN 55426-2310 email: conposz@aol.com Phone: 952-544-2501 September 1,2006 Board of Adjustment, Otter Tail County Government Services Center 510 Fir Ave West Fergus Falls, MN 56537 Re: Application of Curtis L. Holland for a variance of 10’ from the required road right-of-way setback of 20’ and a variance of 8’ from the required bluff setback of 30’ for the placement of an 8’ by 30’ for the placement of an 8’ by 30’ RV 10’ from the road right-of-way and 22’ from the top of the bluff. I have read the notice you sent out about the September 7, 2006 Hearing about this application. I wish to state objections to the granting of these variances and my reasons for objecting. According to The Shoreland Management Ordinance of Otter Tail County, Minnesota, Revision January 1, 2004, the standards set forth in the Ordinance are to regulate the orderly development of shorelands, to prevent and eliminate pollution of public waters and among other things to preserve and enhance our natural resources. These are commendable goals. A great deal of time and effort has been put into the development of these standards. They should be enforced for the common good of the property owners around lakes and other citizens who wish to take advantages of the fine lakes now and in future generations. First, let me say that I approve the Board of Adjustment’s general practice of enforcing the ordinances, granting variances only in cases involving real hardship. Second, as secretary and a member of the Board of Directors of Jennies Nature Preserve (the Preserve), I am familiar with much of the past history of the Nature Preserve, and know that the easement allowing access to the lots along Timber Cove follows the boundary of the Preserve behind the lots on Timber Cove, and many of us on the board of the Preserve know the problems present and past with Loti2. t Third, Mr. Holland’s present access to his lot is actually on the easement right-of-way, which is located entirely on the Preserve property. Does Mr. Holland plan to use part of Jennies Nature Preserve for his parking lot? This would not be allowed under the rules of the Preserve or under the rules of the Minnesota Sustainable Forest Incentive Act under which the Preserve must operate. If he is not allowed to use Preserve land for parking, does he plan to use land within the 30’ setback from top of bluff as parking lot? This much impervious surface should not be allowed in that area. Fourth, it appears that a number of trees would have to be cut to make room for the Recreational Vehicle and room to maneuver the RV into the spot that is staked out on the lot. Is such cutting of trees allowed so close to top of a bluff? Fifth, the back of Lot 12 and much of the easement right-of-way between the present trail and his lot line is considerably above the level of the present trail going through the easement. How much earth does Mr. Holland plan to excavate from the Preserve to allow him to get up to his property? I assume that Mr. Holland would certainly need a Conditional Use Permit to do any excavating on his own property. The Preserve has not been approached about his desire to excavate on Preserve land. He should not be allowed to excavate on Preserve property without proper authorization from the Preserve members. According to notes previously made and communicated to each other by members of Jennies Nature Preserve, previous owners of this lot and Mr. Holland have been told that this lot is not buildable, and does not have sufficient room for a trailer, motor home or camper. After talking with staff members of Land and Resource Management, Tom Fosse who was president of Jennies Nature Preserve prior to his death told Mr. Holland before he purchased this property that there not room on the lot to put any trailer or structure of any kind. In addition. Land and Resource Management staff also told Mr. Holland the restrictions on the lot would prevent him from putting anything on the lot. I am enclosing copies of emails sent by various Board Members of Jennies Nature Preserve. These materials may give you some additional background on past actions related to Lot 12. I strongly urge you to reject this application for variances. Sincerely, Albert Conrad Posz / 8-25-06 Report re Lot 12, Timber Cove, also shown as Maplehurst Lane, Lake Lida To JNP board & interested people, including members of the Otter Tail County Board of Adjustment. For your reference. Lot 12 has been a problem for several years for different owners. Here are notes and emails from the past. This lot was donated some time ago to an out of state church. The Church of the Resurrection. Errol Ernst., brother of Gene Ernst, bought the lot from the church. He later sold it to Curt Holland from Bamesville. It appears that Curt still owns the lot, and has now applied for variances. He also seems to have moved from Bamesville to Ogema, Minnesota. Here are some emails sent to members of Jennies Nature Preserve related to Lot 12, and reports about the stands taken by Land and Resource Management officials. +++++++++++++++++++++++++++++++++++++++++++++++++++++ 2000 email Subj: Ernst and Church Lot Date: 08/09/2000 8:29:17 PM Central Daylight Time From: fbahma@djam.com (Florence Bahma) To: conposz@aol.com (Conrad Posz) Hi Conrad and Marie, re Lot 12 Timber Cove Don't get upset before you read this. Brian Fosse, Tom's son called on this. He was at their cabin for a few days. Brian discovered that a building permit had been issued to place a 12 X 50 trailer on the lot. The bluff stakes had been moved toward the lake. He called me and then Lake Shore Mmgt. The Lake Shore Rep's came out with the request for Building Permit and a grade and fill permit. They reset the bluff stakes, revoked the grade and fill permit and suspended the building permit. Evidently Ernst had fabricated a drawing to allow the trailer and given it to someone in the office who wasn't aware of the variance situation. A false document. Thanks to Brian, the permit was stopped. What will they try next? John ++++++++++++++++++++++++++++++++++++++++4-1-1-++ 2001 Email iSubj: Re: Ernst & Lot 12 Dale: 8/21/2001 10:20:31 PM Central Daylight Time / From: tfosse@yahoo.com (Tom Fosse) Reply-to: tfosse@lcsc.org To: Conposz@aol.com Con, Curt Holland, Bamesville, MN is in the process of buying the lot. The sale is not final. I met with Land & Resource yesterday and then called Holland tonight. Holland seems to be a very nice person—he was unaware of laws governing the use of that lot—he did not know what a bluff was. I suggested he call Land & Resource before he made plans on how he could use the lot—1 told him that he should not accept my interpretation of the laws—but should call Land & Resource to see what he can and can not do with that lot. My interpretation—after visiting with L & R—is that you cannot even put a tent up in the impact zone (30 feet from the top of the bluff), some brush removal is allowed but "clear cutting" is not allowed. At this point there is nothing we can do, in my opinion. Holland can purchase the property, he can trim and remove brush, he can come out to the lot and enjoy Lake Lida. He can do very little else, and 1 feel he will visit his options prior to closing on the property. Thanks for your attention to this. Tom ++++++++++++++++++++++++++++++++++++++++++++++++ 2001 email Subj: Date: From: tfosse@lcsc. org (Tom Fosse) To: Conposz@aol.com Re: Ernst & Lot 12 9/17/2001 10:37:10 AM Central Daylight Time Con, SLM was out last week. They sent a letter to Ernst telling him that he is in violation —he is listed as the lot owner. The camper belongs to Holland—will Ernst notify him? Holland also started putting in an Electrical hookup — this is also a violation of the bluff rules. I plan to wait a week or two and see if the camper is removed. Tom con's note: SLM = Shore Land Management 2002 email iSubJ;RE: Lot 12 7/2/2002 11:07:19 AM Central Daylight Time(Date: ■From: bfosse@iips.com (Brian Fosse) ITo: Conposz@aol.com, jfbahma@juno.com, fosser@prtel.com, tfosse@yahoo.com, dzieli2083@aol.com \(Dave and Carol Zielinski), marczielinski@yahoo.com (Marc Zielinski), tle\i’is@eidebailly.com (Teresa Lewis), fosser@prtel.com (Ronnie Fosse), zfarg@yahoo.com (Steve Zielinski) Hi Conrad, The motor home was still there on Sunday June 30th as well. 1 talked with Shoreland Mgmt today and they have issued a complaint and will send an officer to the site to investigate within the next week. A couple of notes regarding the conversation: 1) It is illegal to park the motor home in the bluff impact zone. The bluff impact zone and the road set back encompass most of Lot 12. What is left is a triangle shaped piece of land approximately 10 feet by 6 feet on the North edge of the lot, not enough area to legally park or build anything. 2) ft is also illegal to hook the motor home up to electricity without a site permit. And of course you can't get a site permit for lot 12, without a variance. To help shoreland mgmt establish proof, if anyone notices the motor home on the lot, a picture taken with a camera that records the date may be sent to: Attention Bill Kaler Land & Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 218 739 2271 —> Reference: Lot 12, TimberCovc, Lake Lida Owner - Holland Regards..Brian ++++++++++++++++++++++++++++++++++++++++++++++++++++ 2001 email Subj: Date: Re; Lot 12, Timber Cove II/I8/200I 4:03:52 PM Central Standard Time From: tfosse@yahoo.com (Tom Fosse) Reply-lo: lfosse@lcsc.org To: Conposz@aol. com CC: bfosse@ups. com Con, thanks for the update. I have stopped at L&RM a couple of times to check on the progress. I was told in September that not even a tent could be placed on this property — I do not have it in writing. I checked again in early October and was told that they had sent a letter to Ernst first but now had sent a letter to the new owner. I talked to Brian Friday and he is going to call Wayne R on Monday. We will keep you advised. Tom -t-l-l“l-l-++-H~t-|-|-|-++-l-l~|-|-+++++++-|-|-|~|-++-l-+-l-|-|-|-(-|-|-t-(-l-l-|-|-|-+-|-|-++ 2001 email Subj: Date: RE: Lot 12, Timber Cove I I/I9/2001 2:40:32 PM Central Standard Time From: bfosse@ups.com (Brian Fosse) To: tfosse@lcsc.org, Conposz@aol.com CC: fosse@prairietech.net (Ronnie Fosse) I talked with Wayne Roisum today. Here are the next steps that \Nayne outlined; 1) Wayne needs to visit the site and take pictures for proof that the trailer is still there. Wayne indicated it may be awhile before he has time to make the trip. 2) Next a violation will be issued. 3) If the violation is ignored, lav\/yers for Shoreland management will contact Holland. The only way that he can have a trailer with hookups on that lot there is with a site permit. The only way to get a site permit is to submit a drawing showing how the trailer would comply with the 30 foot set back requirements from the top of the bluff, which given the bluff and the road setback is impossible. A couple of proactive steps on our part may be in order. - Take some pictures of the trailer and any trees that have been cut. - Pay particular attention to the bluff area, in case any type of excavating is attempted. - Possibly send a letter from Jenny's Nature Preserve to Shoreland Management indicating the violation. I will call Tim Greep, the assistant administrator, tomorrow morning and make sure that he is aware of the situation. Regards... Brian f++++++++++++++++++++++ Subj: Date: RE: Lot 12, Timber Cove 11/20/2001 10:31:08 AM Central Standard Time From: bfosse@ups.com (Brian Fosse) To: Conposz@aol. com, lfosse@lcsc. org CC: fosse@prairietech.net, DZieli2083@aol.com, fbahma@djam.com, lshirley@rtelnet.net Hello, I spoke with Tim Greep, Assistant Administrator this morning. Tim was not aware of the recent events regarding Lot 12. I brought Tim up to speed on what has transpired. Tim stated rather emphatically that he would make sure that Wayne "gets moving on this right away". The next step will be a violation letter to Mr Holland, and if that is ignored, they will start the legal process. Regards, Brian ++++++++++++++++++++++++++++++++++++++++++++++ I hope this will give you some perspective on this lot that has been identified as unbuildable. However, past ands present owners continue to try to get approval for putting some type of structure or trailer on the lot despite the fact that there is not room for such. Dr. A. Conrad Posz 44072 Outlet Beach Road ~ Pelican Rapids, MN 56572 - 218-863-5186 ~ ivallev&Drtel.com FAX 218-863-2864 RECEIVED September 13, 2006 SEP 1 6 2006 CM ItK IAILUJ.MUUIIUK FERGUS FALLS. MN Mr. Wayne Stein, Clerk Otter Tail County Board of Adjustment Otter Tail County Government Services Center 510 West Fir Fergus Falls, MN 56537 Dear Wayne: Reference: Curtis L. Holland Part of Govt Lot 2, Section 26, Twp 139, Range 42 Lake No 56-747, North Lida Mailing address: 32736 County Road 143, Ogema, MN 56569 The Lida Town Board opposes granting any variance requested on this property since it is an unbuildable lot.. Yours very truly. Valley, Clerk Cc: Carl T. Johnson