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HomeMy WebLinkAbout38000990519000_Variances_09-09-1999OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # was filed/recorded in this office for record on the ^1 day of -----------------------------1999 at Wendy L Metcalf, County Recorder by: ah^B/ narmtu- --------------^ well certificate R52eK7 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 COMPLETE THIS APPLICATION IN BLACK INK ***^ ^^.00 Application Fee I30i3(^Receipt Number f V/ PROPERTY OWNER ^(^0 6> H ADDRESS A/. S A S ^ V ___________________DAYTIME PHONE XD «g37o4 X _____LAKE CLASS ROLAKE NUMBER 5^ • "^7 f LAKE NAME iCl ilil PARCEL NUMBER - pop aSECTION TOWNSHIP RANGE TOWNSHIP NAME ll7FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION P-i'L. i_ i—^ 0/ /^or i TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Cluster Misc.Subdivision SPECIFY VARIANCE REQUESTED &OSUO A'iSw' S-TAJc/rOKi, TO p.LPc^at Ct/AA^/T ST A v/A.£_ (aX Tnd. Tnc. f^^-J \rroJ^0 TH£. ^TfR.€. O H , i 5 NO'J S*o ('tS^'T s.££ /At~t/}c^n£ O 9-C(x^$.i,T Qp^lo 9L.0T 1 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. ^Il SIGDIAtURE of PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) P! (Lku-i. iXt v~' Ppy^' // ^rkJ-^ -; ly <^/ S/J oCcc,'fSepteiT>ber^2,1999 ■g/-o/^-^ p-n^o S-^/</ S/S S/<^ . '/HdjjL^ llOaUpxg '■ nUcii^ . -7yi3(P^ S/7 //tT' s/i 5^0 5 <^3' « Accepted By Land & Resource L & R Official/Date 9 9 9 9 TimeDate Of Hearing Motion Mark A. Krogh - Denied Motion was made by David Holmgren, second by Randall Mann and unanimously carried, to deny the variance as requested as no adequate hardship had been shown. It was noted that the terrain and topography of the applicant’s property does allow for the proper application of the string line test. rnan/OltterTail County B^rd of AdjustmentChar Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • Viclof Lunde«n Co.. Primers • Fergus Falls. Minnesota September 9, 1999 Page 5 Betty A. and Wallace A. Diekman - Denied Betty A and Wallace A. Diekman, Wahpeton, ND, requested a variance to replace an existing mobile home being 60’ from the ordinary high water level with a double-wide home/structure being approximately 52.5’ from the ordinary high water level. The variance we are requesting would be the string line from the lakeside corner of the Morris home to the lakeside corner of the wooden structure of the Hovden home. We believe this is an appropriate request, since that part of the Hovden home is a permanent wooden structure, is insulated and heated, and serves as a living room, dining room and a T.V. room. The property is described as Lot 9, Block 1, Engstrom Beach, West McDonald Lake in Edna Township. Letters from Harley and Goldie Hansen, Robert and Geraldine Schoener, Larry and Kathy Morris and Myron and Lois Hovden in favor of the applicant’s request were read for the record. A letter signed by the following individuals addressing how the sting line test should be applied was read for the record; Larry and Kathy Morris, Dale Janssen, Wayne Slotten, Carmen Peters, Dave Neiber, Jim Fitzpatrick, Robert J. Schoener, and Geraldine Schoener The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, second by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and to support the application of the string line test as defined within the ordinance. Mark A. Krogh - Denied Mark A. Krogh, Boise, ID, requested a variance of 38’ from the required ordinary high water level setback of 100’ for the placement of a structure 62’ from the ordinary high water level. The existing 20’ by 24’ structure would be replaced with a new dwelling, which would be setback 12’ more than the existing dwelling. The property is described as Lot 16, Pickerel Lake Development, Pickerel Lake in Maine Township. Lee Krogh represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by David Holmgren, second by Randall Mann and unanimously carried, to deny the variance as requested as no adequate hardship had been shown. It was rioted that the terrain and topography of the applicant’s property does allow for the proper application .of the string line test. , * Darrel Forsgren - Approved with conditions. Darrel Forsgren, Pelican Rapids, MN, requested a variance to split a parcel of less than 5 acres from an existing 78.37 acre tract for the purpose of permanently attaching the parcel to Lot 14, Outlet Beach. The property is described as Government Lots 5, 6 and 7, except tracts and plats. Section 9 of Lida Township by Lake Lida. Richard and Kathy Arntson represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Randall Mann and unanimously carried to approve a proposed subdivision as requested with the following conditions: 1. that the tract must be permanently attached to Lot 14, Outlet Beach, 2. that a registered surveyor’s drawing must be provided at the time of conveyance, and 3. that the area contained within this tract cannot be used when determining the 25% impervious surface rule for front lot development. f i ■V*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 16th, day of August, 1999 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mark A. Krogh, 3593 N. Sawgrass Way, Boise, ID 83704 David Thompson, Maine Twp Clerk, RR 2 Box 406, Underwood, MN 56586 Duane Pocta, Pickerel Lake Assoc., RR 2 Box 308, Underwood, MN 56586 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Fails, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Frank Lachowitzer, RR 1 Box 249, Perham, MN 56573 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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 16th, 1999 Wayne Stein, Secretary Otter Tail County Board of Adjustment v-<D-Q-yV(kkQBy: Vi Manderud Notice of Hearing for Variance Otter Taii County Courthouse , 121 West Junius Ave. Fergus Fails, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern; MarkAKrogh 3593 N Sawgrass Way Boise, lb 83704 has made application to the Otter Jail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the'Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing oh Thursday, September 9,1999, at 8:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 Lot 16, Pickerel Lake Development, Fire# 317 Section^12, Township 134, Range 41 -Township Name - Maine Lake No. 56-475, Lake Name - Pickerel, Class - RD The variance requested is: a variance of 38’ from the required ordinary high water level setback of 100’ for the placement of a structure 62’from the ordinary high water level. The existing 20’by 24’structure would be replace with a new dwelling, which would be setback 12’ more than-the existing dwelling. . Date: August 13,1999 Board of/Adjustment Secretary X GRID PLOT PLAN feet SKETCHING FORM1Scale:.grid(s) equals feet, or inch(es) equals PrcK£i?6L Da/, It R 33-000-9‘7-OSi'J-OoO g/io aDated:, 19 Signature .||i||,.fpf7 yniir lrt indicating setbacks from road right-of-way, lake, sideyard and septic tank and drain field for each building i ^rn|i’iT/j n/l /iif mnt ,iny propn-pn ctgirtumQ ^ Ilf --------- X'I HI it ■ 1 o ; o 1 I5<=e6t£^ I 6ox-^ g' (<x Po<,£ vAI HO N ^HOCOJJI,I■ I■ *TA^i K.1/-iOvJ^ I.CSn''! Sm£ O . o// /I£^■1 ■ y w \/■|p^—^-=1 /V'W«\LuV r^OX>ytU\(K / I ht ' xi-Hov/a#*,o!/'T:i7 H r /<5^I r Pi^pPo5£0 LOC^tjto/v/ foi<l r^£ j STf2-./c-r «>«£ 7,^y'u;1aO;/ "I AffI7_4 1 ScaktrJ -1 •7I/' X'0^c< ^■■: ‘ISP :-X ■ • iM.I 101<«E t OI w£-LL. I -j OraSt 009 C8 rt i-^oop a-fizees J^Movt-s.4 ^■'h> APPf3oj<:..:' ’ H' OHWL 7 3X rr7 <-vS £ o /^Tall. StoaaCmL.. -----SH6q V oV> t 0%O ^ -cf \-u.orv 7^'tl'LA«6 I \k i Aa/n^i-800-3’464fcl'y^" ' '"■^>281,949 '• Vi^MKL — 0871 — 029 indecn Co,, Priniors • Fergus Falls, MN • U ''/-7 REQUEST FOR VARIANCE Pickerel Lake, Parcel # 38-000-99-0519-000 I, Mark A. Krogh, hereby respectfully request a variance from the Shoreland Ordinance of Otter Tail Coxmty, Minnesota, last revised on May 1, 1997. The variance is for permission to erect a replacement structure twelve feet behind the lakeside front wall of the existing structure. The new structure would replace a deteriorating 20’ x 24’ structure erected by my parents in the early 1960’s in conformance with all existing standards. The Ness structure, a manufactured home to the West of my property, was moved on to the lot 15 years later by Charles Mosey, who sold it last year to the Wally Ness family. My new structure will be 62 feet from the ordinary high water mark (OHWM), 12 feet behind the current structure and approximately 20 feet behind the Ellis stmcture to the West of the Ness structure. The variance is requested to alleviate unique problems caused by the building of a new road 20+ years ago. As the attached diagram shows, mine is the only lot that was affected by the new road. Not only are the remnants of the road still visible on my property, but the road is raised by as much a two feet, creating several levels in the back yard. Adding to the problem is the fact that the cable box and power pole remain in my lot, not on the lot lines as in the case on other lots. This creates obvious hardship as far as creating an attractive, usable back yard is concerned. As you will see, obvious care has been taken over the last thirty-five years to keep the back yard free from obstructions to continue a family tradition of whiffle ball, kick ball, touch football, volley ball and croquet games. These games are now as important to me and my children as they were to my parents and me. In fact, my mother and father, both over 60 years old, still play. A line of thick, tall pines separate our cabin from the Mondry cabin to the East so the new structure would in no way lessen their view of the lake. With the variance, the front of the new structure would be twelve feet farther back and two feet farther East than is the present structure, providing the Ness family with an improved view. You will see from Ness’s front windows and deck that trees and the Mondry shed are the obstacles to the view, not the proposed structure location. I have spoken to Wally Ness and he has verbally approved my request. As 1 understand the Ordinance, its purpose is to regulate the use and orderly development of shorelands in Otter Tail County, to prevent and eliminate pollution of public waters, to maintain significant values of historic sites, and to preserve and enhance our natural resources. Granting this variance would in no way violate those purposes. There are no significant historic sites in the area, the new structure would certainly further the attractiveness of the shoreline, and an already installed, approved holding tank ensures that no water will be polluted. 1 might add that water pollution has always been of great concern to me. The dandelions, thistles, and clover on my lot should serve as proof that I have never fertilized nor treated my lot with weed controlling chemicals and I am deeply disturbed by the growing number of Pickerel Lake residences who are doing so. Please be assured that these habits will continue into the future. A boatride along the Northeast shore of the lake provides convincing evidence that the 62 feet setback that would result from the variance’s approval is much greater that that of 80% of the structures that presently exist. It is my sincere hope that you will share my conviction that this variance would in no way violate the purposes of the Ordinance as expressed in Item 2 under General Purposes. For that reason, I most respectfully request its approval.