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HomeMy WebLinkAbout38000120084000_Variances_09-06-2007.' 1026138 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1026138l hereby certify that this instrument #_ was filed/recorded in this office for recprd on the_U:— 2007 at^‘Ham/pm Reorder Wendy ,L^calf,Coi(nty recording ve 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 560-00 Wnl^.h^j5J/n 70l- Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date JTm Ca.»-o / Pgj/-^V-.SOO DAYTIME PHONE Po T^OyC AYPi/opy- Afl> JSPd(o d PROPERTY OWNER MAILING ADDRESS LAKE NUMBER ^ 7S LAKE NAME _____LAKE CLASS /y?a/-n e\3^SECTION TOWNSHIP RANGE ^ I TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER 33(^12. F,^ke<r,tl3?6C> O / 3 acf ooc^ hf'io e . LEGAL DESCRIPTION cc^d<L.K e ,S*Cje_ TYPE OF VARIANCE REQUESTED (Please Check) Sewage System X Subdivision Cluster Misc.Structure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 7^3/^// L- 'Skc.f.^d lie O M.Vt/Zs. Sh\'fx.- 'ft si^ /Heuntalr-a e Coa*Wy <r * 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 M^AGEMENT REJSAftDING THIS MATTER. ^GNATURE OF PROPERTY OWNER / A^^T FOR OWNERS /DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant V\/ill Receive Notification As To The Date/Time Of Hearing) / ^0(T?P/n.Date Of Hearing Timer Motion Jim and Carol Peterson - Approved the variance as requested. (7:30 p.m.) After consideration and discussion, Carl Zick made a motion, second by Les Estes and unanimously carried, to approve the variance as requested in the variance application dated August 13,2007 and as depicted on the Site Data Worksheet submitted with the variance application. airman/otter Tail County Board of Adjustment Permit(s] required from Land & Resource Management <S&uxW 'IliAyrrutiYes (Contact Land & Resource Management) . No ,, •»f ■ *t > Y)^IQIioId'7 L~R 6fficial/6ate ' Copy of Application Mailed to Applicant, Co. Assessor and the-MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota September 6, 2007 Page # 3 Jim and Carol Peterson - Approved the variance as requested. (7:30 p.m.) Jim and Carol Peterson, part of Government Lot 6, Section 12 of Maine Township by Pickerel Lake, requested the following: Install an L-Shaped mound drain, starting the mound at 12” above the ordinary high water level as required by the State of Minnesota. Otter Tail County currently requires 24" of separation to start a mound. We are asking for a variance of 12” separation as required by State Code. The audience was polled with no one speaking for or against the variance as requested. A letter from the Maine Town Board of Supervisors in support of the variance as requested and noting that Maine Township would accept no responsibilities for any damages to the proposed system was read for the record. After consideration and discussion, Carl Zick made a motion, second by lies Estes and unanimously carried, to approve the variance as requested in the variance application dated August 13,2007 and as depicted on the Site Data Worksheet submitted with the variance application. Glenn Fladmark-Tabled. (7:35 p.m.) Glenn Fladmark, Lot 5 Lucky Horse Shoe Bay, Lake Lida in Lida Township, requested a variance of 15’ from the required ordinary high water level setback of 75’ for the placement of a 28’ by 50’ dwelling 60’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. Letters from James and Patricia Clarke and Debra Mooney in support of the variance as requested was read for the record. During review of the applicant drawing it was noted that the applicant’s proposed development also requires a variance from the road right-of-way which cannot be considered at this public hearing since a road right-of-way variance was not a part of the originally variance application. The following options were explained to the applicant: 1.) the request could be acted upon as submitted which if approved would require that the proposed development be placed at least 20’ from the road right-of-way, 2.) the request could be tabled to allow the applicant an opportunity to consider other alternatives that would not require a variance from the road right-of-way, and 3.) the applicant would submit a new application for consideration by the Board of Adjustment at their October meeting requesting variances from the ordinary high water level and road right-of-way. It was stressed that a new application would be required if the applicant would be requesting any additional variances. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to table this variance hearing until the October 4, 2007 meeting to provide the applicant with an opportunity to consider other alternatives that would not required a variance from the road right-of-way. It was noted that this option stills provides the applicant with the ability to submit a new variance application requesting the road right-of-way variance. The Board did not indicate whether or not they would approve a road right-of-way variance. Darrin and Catherine Cox - Denied. (7:47 p.m.) Darrin and Catherine Cox, part of Government Lot 1, Section 19 of Amor Township by Twin Lake, requested a variance of 7’ from the required side lot line setback of 10’ for the placement of a 24’ by 40’ structure 3’ from the side lot line at the closest point. The audience was polled with Vernon Ege speaking to the variance as requested. Letters from Lawrence and Carol Mikkelson, Jim and Julie Gronbeck, Cindy Bolken and Muriel and Vern Foster in support of the variance as requested was read for the record. After consideration and discussion, Paul Larson made a motion, second by Carl Zick 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 the only hardship is a self imposed hardship which was created when the garage was constructed without knowing the exact location of the lot line. It was noted that the applicants’ request is an after the fact request and had the applicants submitted a variance application prior to starting the garage construction project the Board would not have granted the 7’ variance because the applicants had other locations available for the placement of the garage that would have provided the applicants with a reasonable use of their property and would not have required the variance as requested. OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 20th, day of August, 2007 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: James W & Carol J Peterson, PO Box 75, Milnor, ND 58060 0075 Joanne Seeger, Twp Clerk of Maine, 32829 County Highway 35, Dent, MN 56528 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Terry Lejcher, 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, 32117 260th Ave, Erhard,MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 David Trites, 20944 Westwood Dr, Clitherall, MN 56524-9596 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: August 20, 2007 Wayne Stein, Secretary Otter Tail County Board of Adjustment \[ji, By: Vi Manderud Notice of Hearing for Variance: , Otter Tail County Government Services Center SIOFirAveW 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: ' Jim and Carol Peterson ,PP Box 75 > Milnor, ND 58060 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 j • Thursday, September 6, 2007 at 7:30 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 secbndjeft 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 ■ I part of Government Lot 6, Property Address - 33692 Pickerel View Drive Section 12, Township 134, Range 41 - Township Name - Maine Lake No. 56-475, Lake Name - Pickerel, Class - RD The variance requested is - . the following: Install an L-Shaped mound drain, staring the mount at 12” above the ordinary high water level as ; required by the State of Minnesota. Otter Tail County currently requires 24” of separation to start a mound. We are asking for a variance of 12’ separation as required by State Code. Stein Board of Adjustment Secretary Date: August 16, 2007