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HomeMy WebLinkAbout38000990738000_Variances_08-05-1999850208 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA S2!r85^ was filed/recorded in this officefor r^ord on the 17-__day of _ (Jlirill^-h 1999 at. Wencjly LyMetcaif.jC^nt^ ^ec^jder .Beputy-by; \Q.^^C>u~f recording fee ’ weii certificate 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 ki-ooApplication Fee Receipt Number Jorjensen ADDRESS Sp^'jncicn Au^ 736-SJO/PROPERTY OWNER DAYTIME PHONE /WSM32 MlLAKE NUMBER ^LAKE NAME _____LAKE CLASS j71a./ne./3V RANGE O V/ TOWNSHIP NAME PARCEL NUMBER /? 3 S000^^073S*£>00 SECTION TOWNSHIP BFIRE/LAKE I.D. NUMBER LEGAL DESCRIPTION A of Block / a-f Johns Coi/i Fn-sf TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED 4~0 r^ (y> CLh(0-F7^&\A/e p€.fryuss /on SuLsi'cLnJ/ihJ /o/o re^ hlct/J (X,on CL ooo/(fi O X jLof c//F)^€ns/ons dec A’h'ta^lneJ ^heefs\ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM TRE 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. [J/1 Signature of property owner t DATE APPLICANT MJST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 6ltd' iu 0 /' / 5/ ^/'30-z'^^ /^id d^ddyfy5oo/d (liid/j 56/757570 ^ 5>V/(7^'Y 77c\du/ S'JOcUip 707 7375oO C03 ~t7jp 703)^ZL 73f" /Z) 9ido 9i-300 7^7n 7/^7 73^7^cy 72/ 7j?a Accepted By Land & Resource L & R Official/Date /999 7.-«3oaTimeDate Of Hearing Motion Craig and Rebecca Jorgensen - Approved As Requested Motion was made by Randall Mann, second by David Holmgren and unanimously carried, to approve the variance as requested noting that the intended use of the applicants’ parcel was for residential use as noted by the surrounding development. It was also noted that the granting of the variance would allow the applicants the ability to enjoy the same rights and privileges, as other enjoy in the immediate area and no precedence will be established by the granting of the applicants’ request. Chairman/Otter Tail County Board of A^ustment ) required from Land & Resource Management Yes (Contact Land & Resource Management) PermitvT' No Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lundeen Co. PrinWrs • Fergus Falls. Minnesota REQUEST FOR VARIANCE In 1996, we purchased a back lot on Pickerel Lake in Johns Cove 1st Addition. Before doing so, we went to the Land and Resource Management to see if there were any restrictions associated with the lot. After looking at it they told us that since 1992, back lots were required to be 300 feet. However it appeared that our lot was "Grandfathered in" as it was an older existing lot. Two months ago we decided to build on our lot; a garage for now and plans for a home in 6 to 7 years when our children are finished with school. Imagine our surprise when we were told we couldn't build on our lot as it wasn't 300 feet'. Nor could we have a dwelling of any kind. We explained about the "Grandfather" clause and they said as they understood the ordinance now, it would have to have been plotted before 1971. Our lot was plotted in 1978 more than 20 years ago. clearly plotted for residential purposes since all the lots around us are already built on as you can see from the map. Lots 1 and 4 are seasonal, and lot 3 is a permanent residence. 11 was All back lots are wired for electricity, TV at the end of each lot. telephone, and cable We are unable to obtain any additional land on any side of us to increase our lot size. If we are unable to build on this lot, it will be virtually worthless to us or anyone else. We appeared before the DtterTail County Commissioners on June 15, 1999 to present our situation. They were very sympathetic to our unique problem, and felt that something should be done for us, but decided a variance would be the most immediate answer as we would still like to build this summer. We have most of our future invested in this lot! Please consider a variance for us. Thank you. Craig and Rebecca Jorgensen August 5, 1999 Page 3 Allen K and Lois E. Helvick - Denied Allen K and Lois E. Helvick, Burnsville, MN, requested a variance of 20’ from the required road right-of-way setback of 20’ for the construction of a 32’ by 36’ garage 0’ from the road right-of-way. The property is described as part of Lot P, Auditor’s Subdivision No. 101 and part of Reserve Lot A, Chippewa Island, Section 25 of Girard Township by East Battle Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Mark Steuart and unanimously carried to deny the variance as requested as no adequate hardship had been shown. It was also noted that the proposed location is not a suitable location for the proposed structure and that a reasonable use of the applicants’ property already exists with the existing structures. It was also noted that if the variance was granted it would establish a precedence for this immediate area. Victor and Verna Zeiher - Denied Victor and Verna Zeiher, Morris, MN, requested variances to replace an existing storage building with a new storage building 3’ from the north lot line, 3’ from a private road easement and 8’ from the traveled surface of the road right-of-way. The property is described as Lot 9, Pleasant Grove, 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 Randall Mann, second by Mark Steuart and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and as adequate space is available for the placement of a new structure in an area that does not require the granting of a variance. It was noted that the applicants have a very large lot, which does provide the applicants with other alternatives, which will provide a reasonable use of the applicants’ property without requiring a variance from the setback requirements. Roger Sonnenberg - Denied With Condition Roger, Sonnenberg, Arcadia, CA, requested a variance of 30’ for the replacement of an existing 14’ by 72’ mobile home with a new 14’ by 72’ mobile home 70’ from the ordinary high water level. It should be noted that the new unit would be in the exact location as the existing unit. The property is described as Lot 1, Loon Lake Bay, Loon Lake in Dora Township. Virginia Moltzan 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 Trites, second by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and to direct the Land and Resource Department to facilitate the establishment of the ordinary high water level for the applicant. It was the general opinion of the Board of Adjustment that adequate room is available to move back to the required setback should the applicant’s mobile home be in a location to close to the ordinary high water level after the ordinary high water level has been determined. Craig and Rebecca Jorgensen - Approved As Requested Craig and Rebecca Jorgensen, Fergus Falls, MN, requested a variance for permission to build a dwelling on a substandard lot. The lot has a width of 160’ and a depth of 250’. Total area of the lot is 40,000 square feet. The property is described as Lot 2, Block 1, Johns Cove First Addition, Pickerel Lake in Maine Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by David Holmgren and unanimously carried, to approve the variance as requested noting that the intended use of the applicants’ parcel was for residential use as noted by the surrounding development. It was also noted that the granting of the variance would allow the applicants the ability to enjoy the same rights and privileges, as other enjoy in the immediate area and no precedence will be established by the granting of the applicants’ request. Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Craig and Rebecca Jorgensen 523 Springen Ave Fergus Falls, MN 56537 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 5,1999, at 7:30 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 pubiic hearing. The property concerned in the application is legally described as Lot 2, Block 1, Johns Cove First Addition, Fire# 836B Section 14, Township 134, Range 41 - Township Name - Maine Lake No. 56-475, Lake Name - Pickerel, Class - RD The variance requested is: a variance for permission to build a dwelling on a substandard lot. The lot has a width of 160’ and a depth of 250’. Total area of the lot is 40,000 square feet. u)Board ofAdjustment SecretaryDate: July 16,1999 otter Tail County Board of Commissioners June 15, 1999 Page 2 public safety because a public road is being damaged and to protect public health relative to overflowing septic systems. Request for Language Change in the Shoreland Management Ordinance Property owner, Rebecca Jorgensen, provided maps of an area of Pickeral Lake that includes a backlot owned by Craig & Rebecca Jorgensen. Ms. Jorgensen explained that the lot was purchased three years ago with the intention of building a home at a later date. At the time of purchase, the lot met all requirements of the SMO and was a buildable site. The Jorgensen’s were planning to build a garage on the lot now and learned that the SMO had been changed and the lot no longer met requirements to build a residence. Ms. Jorgensen requested the County Board to consider changing the language of the grandfather clause in the SMO to include properties that were properly platted and zoned prior to 1992. Discussion continued. Commissioners requested that the Jorgensen’s apply for a variance through the Board of Adjustment. If a variance is not granted, Ms. Jorgensen will return to the County Board for possible revision of the ordinance. Planning Commission Recommendations Conditional Use Permit - Neal R. Shaw: Motion by Lindquist, second by Portmann, and unanimously carried to uphold the denial of the Planning Commission for a conditional use permit to build a road across a wetland on McDonald Lake (Sec. 31, Twp. 136, R. 40, Edna Township, Lake #386). Conditional Use Permit - Olson’s Big Pine Get-A-Wav/Phillip Olson: Motion by Nelson, second by Lee, and unanimously carried to approve a conditional use permit to add three (3) seasonal recreational vehicle sites on Big Pine Lake (Sec. 14, Twp. 136N, R. 38, Pine Lake Township, Lake #56-130) with conditions as recommended by the Planning Commission. The conditions include approval of required variances. Conditional Use Permit - Leaf Mountain Township: Motion by Lindquist, second by Froemming, and unanimously carried to approve a conditional use permit to regrade 1200 feet of existing township road on Taylor (unnamed) Lake (Sec. 28, Twp. 131, R. 39, Leaf Mountain Township, Lake #56-165) with conditions as recommended by the Planning Commission. Conditional Use Permit - Otter Tail County Highway Dept: Motion by Lindquist, second by Lee, and unanimously carried to approve a conditional use permit for proposed structure, (Bridge No. 56J05) over the Red Eye River (Sec. 22, 23, & 26, Twp. 137. R. 36, Paddock Township, Lake #56-AG) as presented. Conditional Use Permit - Otter Tail County Highway Dept: Motion by Lindquist, second by Lee, and unanimously carried to approve a conditional use permit to restore the shoulders and slopes along CSAH No. 72 near Otter Tail Lake (Sec. 5, Twp. 133, R. 40, Everts Township, Lake #56-242) with conditions as recommended by the Planning Commission. Conditional Use Permit - Russell & Donna Martinson: Motion by Froemming, second by Lee, and unanimously carried to approve a conditional use permit to change the location of an existing driveway on Middle Leaf Lake (Sec. 26, Twp. 134, R. 38, Leaf Lake Township, Lake #56-116) with conditions as recommended by the Planning Commission.