Loading...
HomeMy WebLinkAbout38000310238002_Variances_05-06-2004I OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #— was filed/recorded in this office for record on tha Jltk day of 2004 atm£^^prn Recorder Deputy 953683 953683 /1c Wendy^Metc^, Fhy X/ /Ja^ '2Ci\p0 recording fee ______well certificate eh L';g 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 APR 0 8 2004 LAND & RESOURCE ^P^"^ch^\27(y i21i^ Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Numbeii, Accepted By / Date 53^/CofJ U)€sT Usr PROPERTY OWNER DAYTIME PHONE /|/1nJ 5(p5<^oMAILING ADDRESS £kim me:LAKE NUMBER LAKE NAME LAKE CLASS 2/liV V/mAiNe WAtf.R &ree^ finAh 3K0C03 (0a3ts'00&^ SECTION TOWNSHIP RANGE ‘ R3SOOo3fosMooO A. 3RQCC "3! O^“3 ^(9^<5,ADDRESS TOWNSHIP NAME PARCEL NUMBER LEGAL DESCRIPTION PT GL 2 COM Wl/4 COR SEC 31 N 1329.23' E 198.13' TO TWP RD NELY ON TWP RD 643.12' ELY ON RD 2262.79', SE ON ROAD 630.49' TO BG S 260' TO LK ELY ON LK 265' N 406' TO LK W ON LK 266' S 255' TO BG (PARCEL D) 380005 PT GLS 1, 2, 3 & 4 E OF ROAD AKA PARCELS C, E, N, P DOC # 766570 TYPE OF VARIANCE REQUESTED (Please Check) Misc. XStructure Setback Structure Size Sewage System Subdivision Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. T^Ai/2^ \0 ' AmwXocun^te oHWL__N : 5.4.7 AMO Voo').Tl;ofs '5 I ^oo I UNDERSI^4ND that I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSOJUNOERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RE^URCE MANAGEMENT REGARDING THIS MATTER. c y (J SIGNA’^U^^OF^PPER'^OWNER APPLICANT MUST BE PRESENT AT THE HEARING (7 DATE (Applicant Will Receive Notification As To The Date/Time Of Hearing) ?r: < cf C - 14: _ L - ^ __ Me 3/------c4^2-go/c53C ■ OOc^ (iv^ <Gi.3G-00(r^ 3.3S'007 ^■3g'009dit<f ^-^7 'Of f i~Atc^ 30' ff cLl ■ r/ Ml 7 j 7/ w Pm.Date Of Hearing Time Motion Cold Spring Realty - Denied the variance requested for Parcels D and E. Approved the variance requested for Parcel N. (7:44 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to deny the variance as requested for Parcels D and E noting that there would be adequate room for development if the road had been properly located. After additional consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried to approve Lot N as a buildable lot for residential development. This variance approval is consistent with past actions of the Board of Adjustment. The Board also noted that this is a ./ very large back lot that has adequate room for development. btlairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management JC Yes (Contact Land & Resource Management) No 704)/.^//nl/)U L R Official/Dater Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0204-001 3t7.340 • Victor Lundeen Co, Printer • Fergi« Falls, Minnesota May 6, 2004 Page # 3 Bob Perry and Wyann Hulst-Perry - Approved the variance as requested. (7:31 p.m.) Bob Perry and Wyann Hulst-Perry, part of the Southeast Quarter of the Northeast Quarter, Section 35 of Compton Township, requested a variance of 10’ from the required road right-of-way setback of 40’ for the placement of a dwelling 30’ from the road right-of-way. Chairman Mann polled the audience with no one speaking for or against the variance as requested. A letter from Richard West, Otter Tail County Highway Engineer indicating that he had no objection with the variance as requested was read for the record. After discussion and consideration, Paul Larson made a motion, second by Michael Conlon and unanimously carried, to approve a variance of 10’ form the required road right-of-way setback of 40’ for the placement of dwelling 30’ from the road right-of-way. The Board’s approval of this variance request is based on the County Engineer’s letter and the fact that there are other structures in this immediate area that are just as close to the road right-of-way as the requested setback. Ervin and Antionette Lea - Approved the variance as requested. (7:36 p.m.) Ervin and Antionejrte Lea, Lot 17 Sandy Haven Development, Stalker Lake in Tordenskjold Township, requested a variance of 28’ from the required ordinary high water level setback of 100’ for a proposed dwelling, including a deck, 72’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the variance as requested. Richard Bratlien, Harvest Homes, appeared with the applicants at the public hearing. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried to approve a variance of 28’ from the required ordinary high water level setback of 100’ for a proposed dwelling, including a deck, 72’ from the ordinary high water level. The Board noted that the granting of this variance as requested is consistent with past actions of the Board of Adjustment. Bruce D and Susan C Fortune - Approved the variance as requested. (7:38 p.m.) Bruce D and Susan C Fortune, Lot 13 Block 1, Aerovilla, Devils Lake in Perham Township, requested a variance of 9’ from the required ordinary high water level setback of 75' for the construction of deck 66’ from the ordinary high water level:' Chairman Mann polled the audience with Arlene Bergland speaking in favor of the variance as requested. A letter from Charles and Arlene Bergland and an email from Ray and Cathy Kotta in support of the variance as requested were read for the record. After discussion and consideration, Michael Conlon made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 9' from the required ordinary high water level setback of 75' for the construction of a deck 66' from the ordinary high water level. The Board noted that the proposed deck cannot be enclosed, is not as close to the ordinary high water level as the property to the east and the proposed location as depicted on the applicants’ drawing will not obstruct the view from the adjacent properties. Cold Spring Realty - Denied the variance requested for Parcels 0 and E. Approved the variance requested for Parcel N. (7:44 p.m.) Cold Spring Realty, C/0 Roger Storms, part of Governments Lots 1, 2, 3 and 4, Section 31 of Maine Township by West Lost Lake, requested the following; Parcel’s D & E - Request a variance of 10’ from the required road right-of-way setback of 20’ for the location of building site 10’ from the road right-of-way. Parcel N - Request a variance to have Lot N declared a buildable lot. Chairman Mann polled the audience with Mary Worner speaking against the variance as requested. A letter from Reggy and Julie Scheving in opposition to the variances as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to deny the variance as requested for Parcels D and E noting that there would be adequate room for development if the road had been properly located. After additional consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried to approve Lot N as a buildable lot for residential development. This variance approval is consistent with past actions of the Board of Adjustment. The Board also noted that this is a very large back lot that has adequate room for development. I May 6,2004 V\fe^Stan,Coui(^Audtor OisrTaiCouify GoMenmentSenioesCerler SIORAMnuBWast FaguBFalB,NN5G537 Dear Mr. Stein, This letter is in response to the attached Notice of Hearing for Variance letter we received from you. Our homestead is at 28417 Water Street Road, which is just across Water Street Road from Lot N. First, we oppose the granting of the variance for Parcel N to have it declared a buildable lot for foe following reasons: A.A structure built on Lot N would obstruct foe view of West Lost Lake from our property. That would not only be an unpleasant change, but we believe it may decrease foe value of our property. If foe lot was not buildable when it was originally plotted, then we feel that other changes should have been made to make it buildable (such as combining 2 or more lots). B.We purchased our 30 acre homestead, in part to hunt on it Building a structure on that lot would seriously affect our ability to hunt on our property based on the distance foe structure would be located. C. These lots are substandard. We oppose an exception being made for lots that are already substandard for this area. Clearly, if Lot N was considered buildable by foe usual standards, we would have to accept whatever was built on it; however, we do not feel that an exception should be made. Secondly, we oppose foe setback variance requests for Parcels D and E for foe same as reason C above. Thank you for your time. Sincerely, Reggy Scheving 218-736-0811 AtL 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 19th, day of April, 2004 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Cold Spring Redity/ Roger Storms, PO Box 536, Cold Spring, MN 56320 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, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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: April 19th, 2004 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud i i Parcels Entered Parcel UNDERWOOD MN 56586 924128601 WATER STREET RD28000360289000 HOWARD O & SHARON M LIANE COLD SPRING MN 56320 257922 3RD AVE S38000310238000 COLD SPRING REALTY INC ATTN ROGER STORMS UNDERWOOD MN 56586 924128417 WATER STREET RD38000310238001 REGGY L & JULIE SCHEVING WHEATON MN 56296 979938000310238005 ORLYNN & JANA L RINKE RR 1 BOX 113 WHEATON MN 56296 121438000310238006 LEONA J WARHOLM 910 3RD AVE N CHISAGO CIT MN 55013 932338000310238007 JOHN W & LINDA J HITCHCOCK 30206 LOFTON AVE UNDERWOOD MN 56586 924138000310239000 ROBERT C WORNER TRUSTEE ET A 28424 WATER STREET RD Page I of 1Tuesday, April 13, 2004 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Faiis, MN 56537 (218) 998-8030/998-8041 Emaii - wstein@co.ottertaii.mn.us wvm.co.otter-taii.mn.us Appiicant must be present at the scheduled hearing. To Whom It May Concern; Cold Spring Realty Roger Storms PO Box 536 Cold Spring, MN 56320 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 Thursday, May 6, 2004, 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 second left 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 part of Government Lots 1, 2, 3, and 4 Property Address - Water Street Road Section 31, Township 134, Range 41 - Township Name - Maine Lake No. 56-481, Lake Name - West Lost, Class - NE The variance requested is - Parcel’s D & E - Request a variance of 10’ from the required road right-of-way setback of 20’ for the location of building site 10’ from the road right-of-way. Parcel N - Request a variance to have Lot N declared a buildable lot. 'Wayne Stein Board of Adjustment Secretary Date: April 16, 2004 RECEIVED APR 0 8 2004Parcel D LANDS RESOURCEThat part of Government Lot 2 of Section 31, Township 134 North, Range 41 West, Otter Tail County, Minnesota described as follows; Commencing at the West Quarter Section Comer of said Section 31; thence North 01“31'10" West (Assumed Bearing) along the West Line of said Section 31 a distance of 1329.23 feet to the westerly extension of the South Line of Government Lot 4 of said Section 31; thence North 89”43'07” East along the South Line of said Government Lot 4 and its westerly extension a distance of 198.13 feet to the centerline of a Township vRoad; ihence North 62®42'4r East along said centerline a distance of 378.54 feet; thence northeasterly along said centerline on a tangential curve concave to the northwest a distance of 264.58 feet, said curve having a central angle of 35°55’37 ' and a Radius of 421.95 feet; thence South 72®21’00” East not tangent to the last described curve a distance of 387.81 feet; thence South 83®14'58” East a distance of 224.79 feet; thence Nohh 82“00’11" East a distance of 189.22 feet; thence South 89°04’39’’ East a distance of 300.09 feet; thence South 89®47’20” East a distance of 435.25 feet; thence South 84°01’21” East a distance of 292.09 feet; thence North 75°27’40" East a^distance of 224.93 feet; thence North 79°56’12" East a distance of 208.61 feet; thence South 69®03'06" East a distance of 211.99 feet; thence South 65°36’17” East a distance of 101.30 feet; thence South 61°20’27" East a distance of 111.94 feet; thence South 70“32’59'’ East a distance of 205.26 feet to a point hereinafter described as Point I; thence South 83®38'46" East a distance of 260.00 feet to the point of beginning; thence North 06®27'07" East a distance of 199 feet more or less to the shoreline of West Lost Lake; thence northwesterly along said shoreline a distance of 266 feet more or less to its intersection with a line that bears North 06°27’04 East from the afore described Point I; thence South 06®27’04" West a Distance of 515 feet more or less it the shoreline of West Lost Lake; Thence easterly along said shoreline a distance of 265 feet more or Less to its intersection with a line that bears South 06°27’07" West From the point of beginning; thence North 06®27'07” East a distance Of 207 feet More or Less to the point of beginning. Containing 2,75 Acres More or Less. Subject to any Easements or Restrictions of record. Together with and Subject to an Easement for Ingress and Egress purposes. Said Easement is hereinafter described as Easement A. iej’al dcsc Swin'son RECEIVED APR 0 8 2004 Easement is hereinafter described as Easement A.LAND & RESOURCE AND Parcel E That part of Government Lot 2 of Section 31, Tovmship 134 North, Range 41 West, Otter Tail County, Minnesota described as follows: Commencing at the West Quarter Section Corner of said Section 31; thence North 01 degrees 31 minutes 10 seconds West (Assximed Bearing) along the West Line of said Section 31 "a -distance of 1329.23 feet to the westerly extension of the South Line of Government Lot 4 of said Section 31: thence North 89 degrees 43 minutes 07 seconds East along the South Line of said Government Lot 4 and its westerly extension a distance of 198.13 feet to the centerline of a Township Road; thence North 62 degrees 42 minutes 41 seconds East along said centerline a distance of 378.54 feet; thence northeasterly along said centerline on a tangential curve concave to the northwest a distance of 264.58 feet, said curve having a central angle of 35 degrees 55 minutes 37 seconds and a Radius of 421.95 feet; thence South 72 degrees 21 minutes 00 seconds East not tangent to the last described curve a distance of 387.81 feet; thence South 83 degrees 14 minutes 58 seconds East a distance of'^224.79 feet; thence North 82 degrees 00 minutes 11 seconds East a distance of 189.22 feet; thence South 89 degrees 04 minutes 39 seconds East a distance of 300.09 feet: thence South 89 degrees 47 minutes 20 seconds East a distance of 435.25 feet; thence South 84 degrees 01 minutes 21 seconds East a disteuice of 292.09 feet; thence North 75 degrees 27 minutes 40 seconds East a distance of 224.93 feet; thence North 79 degrees 56 minutes 12 seconds East a distance of 208.61 feet: thence South 69 degrees 03 minutes 06 seconds East a distance of 211.99 feet; thence South 65 degrees 36 minutes 17 seconds East a distance of 101.30 feet; thence South 61 degrees 20 minutes 27 seconds East a distance of 111.94 feet to a point hereinafter described as Point H; thence South 70 degrees 32 minutes 59 seconds East a distance of 205.26 feet to the point of beginning; thence North 06 degrees 27 minutes 04 seconds East a dist2mce of 255 feet more or less to the shoreline of West Lost Lake; thence northwesterly along said shoreline a distance of 275 feet more or less to its intersection with a line that bears North 06 degrees 27 minutes 05 seconds East from the afore described Point H; thence South 06 degrees 27 minutes 05 seconds West a disteince of 646 feet more or less to the shoreline of West Lost Lake: thence southeasterly along said shoreline a distance of 208 feet more or less to its intersection with a line that bears South 06 degrees 27 minutes 04 seconds West from the point of beginning; thence North 06 degrees 27 minutes 04 seconds East a distance of 260 feet more or less to the point of beginning. APR 0 8 2004 RECEIVED pARC&'<' ^%CX)D3] 09.3^000 land & RESOURCE West, Otter Tail County, Minnesota described as follows: Commencing at Che West Quarter Section Corner of said Section 31; thence North 01 degrees 31 minutes 10 seconds West (Assumed Bearing) along the West Line of said Section 31 a distance of 1329.23 feet to the westerly extension of the South Line of Government Lot 4 of said Section 31; thence North 89 degrees 43 minutes 07 seconds East along the. South Line of said Government Lot 4 and its westerly extension a distance of 198.13 feet Co the centerline of a Township Road; thence North 62 degrees 42 minutes 41 seconds East along said centerline a distarijce of 44.24 feet to the point of beginning; thence continuing North 62 sidegrees 42 minutes 41 seconds East along said centerline a distance of 334.30 feet; thence northeasterly along said centerline on a tangential curve concave to the northwest a distance of 264.58 feet, said curve having a central angle of 35 degrees 55 minutes 37 seconds and a Radius of 421.95 feet; thence South 72 degrees 21 minutes 00 seconds East not tangent to the last described curve a distance of 173.03 feet; thence continuing South 72 degrees 21 minutes 00 seconds East a distance of 214.78 feet; thence South 83 degrees 14 minutes 58 seconds East a distance of 91.58 feet; thence South 26 degrees 54 minutes 45 seconds West a distance of 228.64 feet; thence South 88 degrees 41 minutes 43 seconds West a distance of 410.85 feet; thence South 87 degrees 56 minutes 00 seconds West a distance of 426.61 feet^' to the point of beginning. Containing 4.08 Acres more or less. Together with and Subject to an Easement for Ingress and Egress purposes, said Easement is hereinafter described as Easement A. Also subject to an Easement for Township Road purposes over and across the northwesterly 33.00 feet thereof. AND Parcel P b of Government Lot 4 of Section 31, Township 134 North, jil County, Minnesota described as follows: West Quarter Seetion Corner of said Section 31; thence N( minutes 10 seconds West (Assumed Bearing) along the iifeSt Line of said Section 31 a distance of 1329.23 feet to the westerly extension of the South Line of Government Lot 4 of said Section 31; thence North 89 degrees 43 minutes 07 seconds East along the South Line of said Government Lot 4 eind its westerly extension a distance of 198.13 feet to the centerline of a Township Road; thence North 62 degrees 42 minutes 41 seconds East along said centerline a distance of 378.54 feet; thence northeasterly along said centerline on a tauigential curve concave to the northwest a distance of 264.58 feet; said curve having a central euigle of 35 degrees 55 minutes 37 seconds and a Radius That West, Otte: ige 41 [cing at the 01 degrees 31 Coi ED 2004 JRCE 2D .004 ,c ;=5CE