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Home My WebLink About38000990595000_Variances_07-06-2003~7-^-;ioo3 866758 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 866758 was filed/recorde^in this office for necord on the N dpy of Metcalf, ^punty Recorder L.fli/]4Sjli____Deputy J___recording fee J—well certificate aWend’ n Lit- 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 ***j6o,&DApplication Fee Receipt Number 218-495-3286PROPERTY OWNER Gerald & PhvUis Kusnierek DAYTIME PHONE 31792 Den wood Drive, Underwood, MN 56586ADDRESS RecreationalLAKE NAME Pickerel LakeLAKE NUMBER LAKE CLASS Maine134RANGE 41SECTION 10 TOWNSHIP TOWNSHIP NAME FIRE / LAKE I.D. NUMBER 600B3B-0QQ-99-Q595-0Q0PARCEL NUMBER LEGAL DESCRIPTION Lot 2, Denwood Acres, Section 10, Township 134, Range 41, Otter Tail County, MN TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System__X Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED Request to replace pressure line from lift tank to septic tank. Present location of lift tank is 2 1/2 feet from west property line, located 100 feet north of lift tank, 8 feet from west property Hne. explained as west of evergreens when system was installed and certified, excellent operation, until it was damaged, probably by construction work. Septic tanks are Property line was Line was in We owned the vacant lot to the west and sold it 3 yrs iater. Exact property line was found when neighbors had property surveyed, discovering their home too close to their west property line and had installed their well 6 feet over their west property line. 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 LAND1& RESOURCE MANAGEMENT REGARDING THIS MATTER. ^ . . ..(/SrONATURE ,Tn np 1 3 . 2000 DATEOF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) July 2000 . Page 8 I i 4^- - ! Y^ .. 7 ' \ ■ cO ■ b^-(P^/Cl? / ■■ ■ / V-00'-J> @) c/j/ao L & R Officiai/Date Accepted By Land & Resource 7- SCCO TimeDate Of Hearing Motion Gerald and Phyllis Kusnierek - Approved with condition. Motion was made by Steve Schierer, second by Robert Schwartz and unanimously carried, to approve a variance which would allow the lift tank to remain 2.5’ from the west property lot line and which would allow the septic tank to remain 8’ from the west property lot line with the condition that a 20’ radius must be maintained from the proposed well site location as that site has been marked/depicted on the registered surveyor’s drawing date October 14, 1996, which was filed with the Board of Adjustment at the July 6, 2000 public meeting. Hardship is the terrain and a substandard lot of record. Chairman/otter Tail County Boards Adjustrr^t Permit(s) required from Land & Resource Management^ /r?/ X Yes (Contact Land & Resource Management) /o(p^ No '/ll '^JidlooCopy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 > Victor Lundaan Co.. Prirtiors • Forgus Falls. Minnesota July 6, 2000 Page 3 (Potter - Continued) Proposed Plan B - Construct a garage approximately 74’ from the water, 16’ from the road right-of-way and 35’ from the top of the bluff. The property is described as Lot 6, Block 2, Pischke and Taylor Addition, Spitzer Lake in Leaf Mountain Township. The audience was polled with no one speaking for or against the request. After consideration and discussion, motion was made by Mark Steuart, second by Robert Schwartz and unanimously carried, to deny the variance as requested and to support the variance as approved on October 14, 1999. It was noted that a reasonable use of the property does exist without the granting of the variance as requested. Paul E. Bruhn - Approved with condition. Paul E. Bruhn, Fargo, ND, requested a variance of 30’ from the required ordinary high water level setback of 100’ for the placement of a structure 70’ from the ordinary high water level and less than 20’ from an easement. The property is described as part of Government Lot 4, Section 3 and part of Government Lot 11, Section 4 of Dora Township by West Loon Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve the placement of a 30’ by 40’ structure 75’ from the Bay of West Loon Lake and 95’ from West Loon Lake as depicted on the applicant’s drawing which was submitted with the variance application with the condition that before a site permit can be issued for the proposed development a determination must be made that the applicant has only one residential dwelling per legal lot as defined by the shoreland management ordinance. It was noted that the placement of the structure in this location would keep it out of the shore impact zone. Hardship is the terrain and shape (peninsula) of the applicant’s property. Eugene and Elsie Huber - Approved Eugene and Elsie Huber, Moorhead, MN, requested a variance of 16’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 84’ from the ordinary high water level. The proposed dwelling would be placed in the same footprint as the previous dwelling, which was destroyed by a fire on April 7, 2000. The placement of the dwelling in the proposed location is necessary to meet the required setbacks for the sewage system and from the road right-of-way. The property is described as Lots 16 and 17, Block 1, Crystal Beach, West McDonald Lake in Dora Township. Letters from James and Lucille Lee and John A. Reinbold in support of the applicants’ request were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve a variance of 16’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 84’ from the ordinary high water level noting that the granting of the variance will place the applicants’ dwelling in the same sight line as other dwellings in the immediate area. Hardship is a substandard lot of record. Gerald and Phyllis Kusnierek - Approved with condition. Gerald and Phyllis Kusnierek, Underwood, MN, requested a variance to allow an existing lift tank and existing septic tanks to remain, as currently located, less than 10’ from the property line. It should be noted that the present location of the lift tank is 2.5’ from the west property line and the septic tanks are located 100’ north of the lift tank and 8’ from the west property line. The applicants note that the line was in excellent operation, until it was damaged, probably by construction work. The applicants would like to replace the pressure line from the lift tank to the septic tank. The property is described as Lot 2, Denwood Acres, Pickerel Lake in Maine Township. „ July 6, 2000 Page 4 (Kusnierek - Continued) A letter from Fred Strege, Attorney, written on behalf of Greg and Laurie Lundeen, expressing concerns with the applicants’ request was presented for the record. The audience was polled with Fred Strege, Attorney, speaking on behalf of Greg and Laurie Lundeen. Greg and Laurie Lundeen also addressed the Board of Adjustment with their concerns. After consideration, motion was made by Steve Schierer, second by Robert Schwartz and unanimously carried, to approve a variance which would allow the lift tank to remain 2.5’ from the west property lot line and which would allow the septic tank to remain 8’ from the west property lot line with the condition that a 20’ radius must be maintained from the proposed well site location as that site has been marked/depicted on the registered surveyor’s drawing date October 14, 1996, which was filed with the Board of Adjustment at the July 6, 2000 public meeting. Hardship is the terrain and a substandard lot of record. John Savre • Approved John Savre, Roseville, MN, requested a variance of 9’ from the required ordinary high water level setback of 75’ for an 8.5’ by 32’ addition to the west side of an existing cabin 66’ from the ordinary high water level. The property is described as Lot 16, Summer Haven Beach, Pelican Lake in Scambler Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve a variance of 9’ from the required ordinary high water level setback of 75’ for an 8.5’ by 32’ addition to the west side of an existing cabin 66’ from the ordinary high water level noting that it will be no closer to the ordinary high water level than the existing structure. Hardship is a substandard lot of record. Don and Sue Swenson - Approved Don and Sue Swenson, Perham, MN, requested a variance of 2 to 5’ from the required side lot line setback of 10’ for an addition to an existing structure 5 to 8’ from the side lot line. The proposed addition at it closest point will be approximately 5’ from the east property line and the northwest corner of the proposed addition will be approximately 8’ from the lot line. The property is described as Lot 12, Augustana Beach First Addition, Otter Tail Lake in Amor Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Cecil Femling, and unanimously carried, to approve a variance of 2 to 5’ from the required side lot line setback of 10’ for an addition to an existing structure 5 to 8’ from the side lot line. Hardship is the biased lot lines relative to the placement of the structures. Tom Mielke - Tabled Tom Mielke, Clear Lake, MN, requested a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of a structure 100’ from the ordinary high water level. The property is described as part of Government Lot 2, Section 34 of Dead Lake Township by Dead Lake. The audience was polled with Robert Deutschman and Una Walter speaking in favor of the request. After consideration, motion was made by Cecil Femling, second by Robert Schwartz to approve the variance as requested noting the terrain features of the applicant’s property and noting that the placement of the structure in this location will provide the applicant with a reasonable use of the property. The motion failed with Cecil Femling, Randall Mann, Steve Schierer and Mark Steuart voting no. After additional discussion and consideration, motion was made by Steve Schierer, second by David Holmgren and unanimously carried, to table this request until the August 3, 2000 meeting for additional information concerning the history of the applicant’s parcel. O rn m > uo 1/1 O <Z! zo 2 =. rn o I°slo c Q.5 o i S' ■D Q'<?^ ^5 ■145.79 oD10.C0-: J i'S:138.28 -V 2 2 231.08S O0-0V40" E57.98O (Plat = 230.84)m Q i/i ooIDo:‘^.'5 Oi <TI139.07’s°o Oo m IID50.53rnDto sroO CO OJ 65'Ocn K.58 bCD7^ \204.96 (Fiat = 204.88) rn 61.53 OCO 23.63 mhh O' r"B| ^ i-3 “ -5. a S afO ■n =>' cCL>oc a 7^mo<ji :?rn 3 TO Q.ohoo?CD w — o oana•< '<°-s >5 ^ S00a 3 ^ V 2 mo3O5^ 5- Is fD 107 South 2nd St. 58075 O >Wahpeton, NDO Updated Oct 14, 96 to show 1. corrected easement dim. 2. new SCALE: 1 inch = 30 -'eet LEGEND goroge 3. split rail fence 1 HEnlBY CERTIFY THAT THIS SURVETf. PLAf-J OR REPORT IVAS PREPARED BY ME OR under wy Direct supervision AMD THAT LA.M'D su/veyor JJNDER the laws OF THE A-/R£G!Sr£RED\>ii "I land ^j: Certificate and Plor of Land Survey THE SHORMA TO LUNDEH]N WELL EASEMENT A part of Go ernment Lot 3 Section 10, T134N, P41W of the 5th P.M. Maine Township, Otter Toll County, Minnesota 96137 = CORNER marked with A 1/2" X 20" IRON REBAR WITH RED PLASTIC CAP MARKED "RLS 1 7004 9 AM A DULY registered O = existing or found corner momumemi A = STEEL FENCE POST REC.= RECORD OR ORIGINAL DISTANCE MEA.= MEASURED DISTANCE THIS SURVEY D0C.= MONUMENT RECORD ON FILE AT COUNTY REGISTER OF DEEDS THIS SURVEY IS BASED ON AN ASSUMED MERIDIAN WyJI'fflSOTAFATE SURVEY03S^700 _S>/X/.'■ " YDATE__ MINNESOTA registration NO. 17004NOTE : GRACE L. EULERS OFFICE MANAGER MAR y BETH REYNOLDS PEGGY BLAUFVSS LEGAL ASSISTANTS ATTORNEYS AT LAW R.E.T. SMITH FRED STREGE* JANEL B. FREDERICKSEN •LICENSED IN MINNESOTA June 29, 2000 3 0^OOo RE: Gerald and Phyllis Kusnierek Variance Request To the Attached Distribution List: Enclosed is a protest I am submitting on behalf of Greg and Laurie Lundeen with regard to a variance application submitted by Gerald and Phyllis Kusnierek, which will be heard by the Board of Adjustment on July 6. Laurie Lundeen and I will attend the hearing to answer any questions that may arise. Sincerely yours, SMITtLSc STREGE, LTD. pred Strege v__^ A Member of the Firm FS:smg Enclosure Greg and Laurie Lundeencc: F:\DOCS\LTR\KLssnierek629.wpd 321 DAKOTA AVENUE POST OFFICE BOX 38 WAHPETON. NO 58074-0038 e-mail: sands@rrt.net TELECOPIER: (701) 642-4729TELEPHONE: (701) 642-2668 on oc Q. m 55557f'Slo c Q.17 s- \ •DO \« W ui N-Ts ^ a :?-?•145.79ia olO^'Joil'Sl a»<138.28 Iz231.08S 00'0r40‘ E57.98g A (Plal = 2J0.84)r?S§"9 in 1 10.785 o ^I CO<0.5&rn a 001139.07-Sa m II IO Oaifrq SO'5^T ?*9.o asg“5 2Ioioo bo »i ' ^\\\ S 00'00'ro" E ? ouib 65'' ) 4.68.ko7^204.96 (Plol = 204.88) rn 61.6373 23.63■y' mH- \tr I"I B| I l!i I I ,1 i "f>o5-Q. r»7^mo7mo n D. oNJo "a a om1- ?i. ' S'Is > *< "On CO mof ;o 107 South 2nd St. 58075 O >Wahpeton, ND updoted Oct 14, 96 to show 1. corrected eosement dim. 2. new goroge 3. split roil fence o SCALE; 1 inch = 30 feet LEGEND I HEREBY CERTIFY THAT THIS SURVEY. '^/R8GISTEREd\> PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY Direct supervision AMD THAT Certificate and Pla: of Land Survey THE SHORMA TO LUNDEEIN WELL EASEMENT A part of Go ernment Lot 3 Section 10, T134N, P41W of the 5th P.M. Maine Township, Otter Toll County, Minnesota 96137 • = CORNER MARKED WITH A 1/2" X 20" IRON REBAR WITH RED PLASTIC CAP MARKED RLS 17004 4-AM A DULY REGISTERED fEYOR UNDER THE LAWS FE pf^^^;esoTAO - existing or found corner monument laj\d ;SURVEYOFi^ ^A/Esd^L'r^' A = STEEL FENCE POST rec.= record or original distance UEA.- MEASURED DISTANCE THIS SURVEY DOC,= MONUMENT RECORD ON TILE AT COUNTY REGISTER OF DEEDS THIS SURVEY IS BASED ON AN ASSUMED MERIDIAN DATE3— MINNESOTA registration NO. 17004NOTE: