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Home My WebLink About37000990929000_Variances_09-01-2005S8G186 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument a MS»i(h>OC) was fiied/recorded in this office for record on the__5—day of ----------________2005 atWendyjL IVr^tc^, Cqunty/^ecord^ Uh LtV. qppiqe of county recorder 083G00 this instrument #--------------;--------- filed/recorded in this office rd on the _D_day of 2005 was for rem ^recordino/^i^ ——well certificate bounty Reorder. Xo^C^zOeputv recording fee well certifi(^te ^r^^utyL. MetcBlfrXWen Ai' I 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 AUG 052005 LAi'iO oi 4^ _hM22^(fijCL Sjsl7)B Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date 218-863-^211 218-863-3^63 Brian Kimm Et AL DAYTIME PHONEPROPERTY OWNER 2Q495 157 th Ave S Pelican Rapids 56572-9218MAILING ADDRESS RD56-749 LAKE NAME Crystal LAKE CLASSLAKE NUMBER 13610 042 LidaTOWNSHIP NAMERANGETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER R37000990929000 25813 Deerpath Trail LEGAL DESCRIPTION Section 10 Twp 136 R042 Rabes Crystal Beach Lot 9 Life Estate To Dianne Kimm TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size Sewage System ^ Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED ^ OL /UMi/LLMUMt WE are requesting a Variance of setback of 39Ft. from OHWL and of 12 Ft. . from the dradnfield. We also request a variance of 18 Ft. from Right of Way. Existing variance is for 4l Ft. from OHWL and 19 Ft. from Right-of Way. Existing structure is 38 Ft. from OHWL, 14 Ft. from the dralnfelld, and 4 Ft. from the septic tank. 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. 2^ DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) <PO0%/TimeDate Of Hearing Motion Brian Kimm - Approved as modified with conditions. (7:00 p.m.) After discussion and consideration, Michael Conlon made a motion, second by Cecil Femling and unanimously carried, to approve the placement of a structure (14’ by 66’ mobile home) 4T from the ordinary high water level as depicted on the applicant’s drawing with the following conditions: !.) the existing drain field must be abandoned, 2.) the existing septic tank must be converted to a holding tank, 3.) the structure must be placed at least 10’ from the holding tank, 4.) the structure must be placed at least 10’ from the side lot line, and 5.) the structure can be 1.5’ closer to the road right-of-way than the existing structure which will be approximately 17’ from the road right-of-way. ail County Board of Adjustment Permit(s) required from Land & Resource Manageme X Yes (Contact Land & Resource Management) No Qlm‘r iD/nlos Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR fficial/Date )0ll3loS Brian Kimm submitted an email for the October 13<; 2005 Board of Adjustment meeting requesting that the motion stated above be changed to allow for the construction of a cabin containing 780 square feet. After consideration, Randall Mann made a motion second by Steve Schierer and unanimously carried, to change the above motion to read as follows: to approve the placement of a 780 square foot structure 41’ from the ordinary high water level with the following conditions: 1.) the existing drain field must be abandoned, 2.) the existing septic tank must be converted to a holding tank, §k)(j^,§^i|ucture must be placed at least 10’ from the holding tank, 4.) the structure must be placed at least 10’ from the5side'k3t4rne,p'a'T)d'Ss) #w"stf^cture can be 1.5’ closer to the road right-of-way than the existing structure which will be approximately 17’ from the road right-of-way. I• n•• I •>I <—^1 —><f A3. V* .e '—^LJ 44\ ;kX Page 1 [Wayng Stein - wayne s I "kimdairy" <kimdairy@loretel.net> <wstein@co.ottertail.mn.us> 10/12/05 10:48PM wayne s From: To: Date: Subject: Kimm's Dairy 29495 157th AveS Pelican Rapids MN 56572-9218 218-863-3463 kimdairy@loretel.net October 12, 2005 Wayne Stein We wish to ask for clarification of the September 1 Board of adjustment ruling on a request for variance for lot 9 Rabes crystal beach, section 10 ,Lida Twp. We would like to build a cabin on this property. The ruling stated for a mobile home. The proposed cabin would be within the OHW setback as approved and would meet standard setback for the septic system. The proposed cabin would also be smaller then the approved mobile home in square feet. (780 vs. . 924 ) Your consideration of this matter at the Board of adjustment hearing on October 13 would be greatly appreciated Sincerely, \-v Brian Kimm October 13,2005 Pa^e # 6 Roger and Janell Bachman - Denied. (9:00 p.m.) Roger and Janell Bachman, Lots 2 and 3 Block 3 Lenius Beach, Little McDonald Lake in Edna Township, requested the following; ATF Permit to replace roof rafters on shed. Boards were rotten! (No change to size or shape of structure) (Existing Boathouse located approximately 3' from lot line and approximately 20’ from lake). ATF Permit for extra Grade and Fill - Permit #22157. The audience was polled with David, a Board Member with the Lake Improvement District expressing concerns with the proposed development. After consideration and discussion, Randall Mann made a motion second by Steve Schierer and unanimously carried, to deny the variance as requested noting that had the request been submitted prior to the start of the project it would not have been approved as the applicants have adequate room to legally located the structure and the applicants can obtain a reasonable use of there property without the granting of the variance as requested. Request for change - The following is from the September 1, 2005 minutes - Brian Kimm - Approved as modified with conditions. (7:00 p.m.) Brian Kimm, Et Al, Lot 9 Rabes Crystal Beach, Crystal Lake in Lida Township, requested the following for a replacement mobile home; We are requesting a variance of setback of 39' from ordinary high water level and of 12' from the drain field. We also request a variance of 18' from right-of-way. Existing variance is for 4T from ordinary high water level and 19’ from road right-of- way. Existing structure is 38’ from the ordinary high water level, 14’ from the drain field and 4’ from the septic tank. Robert Kimm appeared along with the applicant at the public hearing. The audience was polled with Jeff Berg speaking for the variance as requested. An email from Mark and Robyn Isaacson in support of the variance as requested was read for the record. After discussion and consideration, Michael Conlon made a motion, second by Cecil Femling and unanimously carried, to approve the placement of a structure (14’ by 66’ mobile home) 4T from the ordinary high water level as depicted on the applicant’s drawing with the following conditions; 1.) the existing drain field must be abandoned, 2.) the existing septic tank must be converted to a holding tank, 3.) the structure must be placed at least 10’ from the holding tank, 4.) the structure must be placed at least 10' from the side lot line, and 5.) the structure can be 1.5’ closer to the road right-of- way than the existing structure which will be approximately 17’ from the road right-of-way. Brian Kimm submitted an email for the October 1?^ 2005 Board of Adjustment meeting requesting that the motion stated above be changed to allow for the construction of a cabin containing 780 square feet. After consideration, Randall Mann made a motion second by Steve Schierer and unanimously earned, to change the above motion to read as follows: to approve the placement of a 780 square foot structure 4T from the ordinary high water level with the following conditions; 1.) the existing drain field must be abandoned, 2.) the existing septic tank must be converted to a holding tank, 3.) the structure must be placed at least 10’ from the holding tank, 4.) the structure must be placed at least 10’ from the side lot line, and 5.) the structure can be 1.5’ closer to the road right-of-way than the existing structure which will be approximately 17’ from the road right-of-way. With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:18 p.m. Wayne stein. Secretary Pop ' Tax parcel Number(s)r , Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ' ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. \iSi %Scale Impervious Surface y /f f' ■' 6ay 052005 L " .r- oi I !i3i<ri«2 ; i IC. 19II I .-V;I iiIi !t I —fi)1 1I -—i Or-'-f-MI! k —cr Signature of Property Owner Date BK — 0505 322,180 • Victor Lundeen Co, Printers • Fergus Falls. MN • 1-800-346-4870 ’1 \ ■4 BOARD OF ADJUSTMENT OTTER TAIL COUNTY FERGUS FALLS,, MINNESOTA 56537 ;■ 1 In the matter of the appeal of Ivan R. Larson DECISION The'”above entitled matter came on to be heard before the Board of Adjustment for Otter Tail County, Minnesota on August 30, 1972 pursuant to due and proper published and mailed service of notice of hearing thereon. Mr. Ivan R. Larson appeared pro se . other appearances. There were no The Board heard the testimony of Mr. Larson and his They received and examined the exhibits submittedTwitness .by Mr. Larson, and upon the evidence submitted, and on all of the files and records herein hereby make the following FINDINEiS' OF FACT herein: I. That on or about May 8, 1972 the appellant moved and placed upon Lot 9 of Rabis's Crystal Beach a mobile home which could not, because of its dimensions be placed upon the lot without requiring variances from the lake- shore, side yard and road set back provisions of the Shoreland Management Ordinance of Otter Tail County and the Otter Tail County Setback Ordinance.'■'•■A. II. That at the said time and place there was located upon said lot a cesspool which does not meet the require ments of the Otter Tail County Shoreland Management Ordinance and that the said mobile home was placed directly above said cesspool. Ill . That on said date the appellant, who is a resident of Moorhead, Minnesota, was not aware of any requirements of the ordinances of Otter Tail County with reference to the various setbacks from the lake, the public road or the side yardtrequiremen.ts . He was, however,, aware that the cesspool located upon the property was not in accordance with the requirements of the ordinances of Otter Tail County. IV. That the said mobile home as placed upon the lot as shown on Exhibit 1 substantially conforms to the setback from the lake of the structures on the other lots on this subdivision, and that a number of the other structures on the other lots in this subdivision do not conform to the various setback and side yard requirements of the ordinances of Otter Tail County, and that the lots as subdivided prior to the regulation of such subdivisions and the Lakeshore Management Ordinance are, in fact, substandard in size under present requirements. V. That serious unneccessary hardship would be caused to the appellant if strict conformity with the standards for setback and side yard were required herein and that such requirement would be unreasonable^ impractical and not feasible under the circumstances. VI . That variance from the setback and side yard requirements of the ordinances is necessary to secure to the appellant rights that are enjoyed by other owners in this subdivision. VII. The granting of a variance with reference to the setback and side yard requirements will not be contrary to the public interest or damaging to the rights of other persons or to property values in the neighborhood will not be contrary to management policies of the area. and VIII . That the appellant should be required, however, as a condition to granting the variances for setback and side yard, to install and maintain a sewage disposal system replacing the existing system which said sewage disposal system shall in all things comply with the provisions of the Shoreland Management Ordinance of Otter Tail County. Upon the foregoing findings of fact this board hereby renders its DECISION as follows: 1. That the appellant be and he hereby is granted such variance from the Uakeshore and road setback and side yard requirements to accomodate the placement of the existing mobile home as placed upon said lot as shown on appellant's exhibit 1 on file herein upon the conditions hereinafter set forth. That the above variances are hereby granted upon the sole condition that the appellant shall, within 9 months from the date of this decision, remove, from the said premises the existing cesspool presently located thereon, and shall satisfactorily fill and forever obliterate the same, and install and place thereon a sewage disposal system that complys with the provisions of the laws of this state and the ordinances of Otter Tail County at the time of the installation thereof. 2 . 3.That, in the event that the appellant shall not comply with the above condition for the granting of the above variance within the time specified, the granting of the said variance shall be, and the same is, hereby in all things null and void, and the county attorney for Otter Tail County be, and he hereby is, directed to institute the necessary proceedings to require the removal of any and all structures from the premises that are in violation of the terms of the ordinances of Otter Tail County and to institute such other proceedings against the appellant as to him shall seem just and proper. Dated this day of September, 1972 DISSENT I dissent from the foregoing decision of the majority of the Board of Adjustment for Otter Tail County for the reason that this appellant was visited approximately one week prior to May 8, 1972 by the Shoreland Management Administrator and Chairman of the Planning Commission of Otter Tail County, and was warned at that time by said individuals that he would have to replace the cesspool in existence upon the premises. Since the county did not appear at the hearing before this board, there is no evidence in the record as to what, if anything, further than admitted by the appellant occurred during said visit insofar as warning him about the existence of the Shore- land Management Ordinance or the provisions thereof. It is my opinion, however, that this admitted warning by the above officials to the appellant constituted a reasonable basis for placing the appellant upon notice that there was an ordinance of Otter Tail County governing the management of lakeshore which a reasonable person should have inves tigated prior to placing this large mobile home upon the premises. I, therefore, sincerely feel that this appellant did not act in as totally innocent and good faith manner as would appear from the sworn testimony in the record because of the failure of the county to appear at this hearing . Dated this ^day of Septembe 1972 . I I A T GRfD PLOT PLAN SKETCHING FORM.feet/inches.Scale: Each grid equals Application for Building Permit Dated. Application for Sewage System Permit Dated Building Permit Number_________________ Applicant agrees that this plot plan is a part of application (s) indicated above. .1 .19 1 .19 Sewage System Permit Number. i-1i 19.Dated SignatureU-X ;T 1 .4 txfii -i •t , ....T.1 ■ ;4-iI , +1K - .-U 1 ■t r +E- II t T 1- r ^ I'ri -tr: T t ; 3 r tt T EFtE^’r -._L *159104 ®vicran uiatctB A om.. #tnnK—y wMKL-0871-029 II :e -t- t 4I fI r t-r-'t ! ! ! uIi !-144+£14- 4+ •f 4 ii i ’ P"rli* f -II V 4/K 41t!T/nvj2<-r^ / VK^jjr;t ;ir\f IV- 1.f V-TI w\V5 %\>\4 >V1"T TA trr!5 f 4-4-'t- -.1.!'•TV 4 t- t- f-IT/4-11-+- I- +-T 4\/;T!1V r I 1' A At!V t+i4"^i-I i1 ± rrw sS Vj■V !' -41 It J 1 1 I -V I >\ 4 pm^-r i.-u^■+- T+ iRoa-i T T ~ 'T ■i T^-;‘~p -~t