HomeMy WebLinkAbout38000990822000_Variances_06-04-2009(o~H-200^
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
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was filed/recorded in this office
for rec^d on the day of--------20 /Q at 6 '■ 3Q (am^m
Wendy k/Metcaif, County
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weii certificate
order
Deputy
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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
*Xlo-Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
Lf^ui?il- iMULLtK,2l^'13ic 0113DAYTIME PHONEPROPERTY OWNER
F01ZGUS R4cL5f'ouK'n/MAILING ADDRESS
P ic icen/x.1^0LAKE CLASSLAKE NAMELAKE NUMBER
<41LITOWNSHIP I3M TOWNSHIP NAME.RANGESECTION
E-911
ADDRESS
PARCEL
NUMBER 38 000<4Q O^iss OOP ,j>/Vz2- Sr-//40L/ Fmo
LEGAL DESCRIPTION5hacLi hjocio d^t\(iH f^DOiriOtJ
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TYPE OF VARIANCE REQUESTED (Please Check)
Misc.ClusterSubdivisionStructure Size Sewage SystemStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCeSUBDIVISION 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.
tn /V 706^
DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
?^0JO OS'
9.00^Date Of Hearing Time
900^. 1 ^ ex
Motion
Laurie Mullen - Denied. (8:05 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the Land and Resource Department the
opportunity to determine if the proposed development is behind the string line. It was noted that there is no adequate hardship/practical difficulty that would allow
for the granting of the side lot line variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2, 2009
Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the August 6, 2009 meeting of the Board
of Adjustment. August 6, 2009 Meeting - Prior to the August 6, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the
October 1, 2009 meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting - Prior to the October 1,2009
meeting the applicant submitted a letter requesting that her application be tabled until the November 5, 2009 meeting. No action was taken by the Board.
November 5, 2009 Meeting and December 2, 2009 Meeting - Prior to the November 5, 2009 meeting and the December 2, 2009 meeting the applicant
submitted a letter requesting that her application be tabled until the January 7, 2009 meeting. No action was taken by the Board. January 7, 2010 meeting - It
was noted that the requested varia
After discussion and cori^
adequate hardship/pj:adflcal diffic
applicant can obtariia reaso
from ordinary high water level setback is not required as the applicant’s proposed development is behind the string line,
ion, lytifehael Harris made a motion, second by Paul Larson and unanimously carried, to deny the variance as requested as no
unique to the property
e use of her
:hat would allow for the granting of the variance as requested. It was noted that the
ty wrtfiout the granting of the variance as requested.
iensl
^^ustmentChairman/Otter Tail Counw Board of
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 0407-001
329.512 - Victor Lundeen Company. Fergus Falls. Minnesota
January 7,2010
Page # 4
!aurie Mullen - Denied. (8:05 p.m.)
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 4T from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant,
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there Is no adequate hardship/practical difficulty that would allow for the granting of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2,
2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be
tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August 6,
2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009
meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting -
Prior to the October 1, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the
November 5, 2009 meeting. No action was taken by the Board. November 5, 2009 Meeting and December 2, 2009
Meeting - Prior to the November 5, 2009 meeting and the December 2, 2009 meeting the applicant submitted a letter
requesting that her application be tabled until the January 7, 2009 meeting. No action was taken by the Board.
January 7, 2010 meeting - It was noted that the requested variance from ordinary high water level setback is not
required as the applicant’s proposed deveiopment is behind the string line. After discussion and consideration,
Michael Harris made a motion, second by Paul Larson and unanimously carried, to deny the variance as requested as
no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of
the variance as requested. It was noted that the applicant can obtain a reasonable use of her property without the
granting of the variance as requested.
Thomas A and Renee L Worum - Tabled
Thomas A and Renee L Worum, Lot 6 Block 1 Oakdale Second Addition, South Turtle Lake in Tordenskjold
Township, requested the following: Building an access road to our lake front via our own property. Is needed due to
previous road, which was lost due to the home constructed on Lot 7. (1) We are requesting a 9’ variance on the south
lot line so road can come within T of the line (9’ variance). (2) Requesting a variance to be in the bluff impact zone
totally where the 12’ road will be put in. Note: 120-150 cubic yards of earth are estimated to be moved. December
2, 2009 meeting - The audience was polled with Kim Johansen speaking for the variance as requested. After
consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to
table, with the applicants’ verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment
to provide the applicants with an opportunity to prepare a formal excavation and stabilization plan for the proposed
project and to consider other possible alternatives. The application was tabled because of concerns regarding how
the proposed project would impact the bluff area and the structure on the adjacent property. January 7, 2010
meeting - Tom Worum submitted an email on December 22, 2009 requesting that his hearing be tabled until the next
regularly scheduled meeting of the Board of Adjustment. The Board of Adjustment took no action at the January 7,
2010 meeting.
Doug and Kathy Burkett-Tabled.
Doug and Kathy Burkett, part of Government Lot 9, Section 17 of Leaf Mountain Township by Spitzer Lake, requested
the following: This project would require a 25’ variance on the Northeast and Southeast shoreline setback. The
variance would change standard 200’ setback to 175’ setback. No variance required on Southwest shoreline.
December 2, 2009 meeting - The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and
unanimously carried, to table, with the applicants’ verbal permission, this hearing until the next scheduled meeting of
the Board of Adjustment to provide the applicants with an opportunity to consider another location which would not
require a variance for the development as proposed. It was noted that the applicants have a very large parcel which
should provide adequate room for the placement of the proposed development in a location which would not require a
variance from the required ordinary high water level setback and which will provide the applicants with a reasonable
use of their property. January 7, 2010 meeting -The applicant’s were not present at the January 7, 2010 meeting;
therefore, no action was taken by the Board of Adjustment at the January 7, 2010 meeting.
December 2, 2009
Page # 2
Joyce Esser- Approved as modified with a condition. (7:05 p.m.)
Joyce Esser, Lot 15 Blocki, Woodland Acres, Loon Lake in Candor Township, requested the following: Request a
variance to position the house in line with the sight line between houses on Lot 14 and Lot 16, Reasons for the
variance (1) the house on Lot 16 was granted a variance to move closer than 100’ setback, (2) lot size is less than
40,000 square feet, (3) more than 50% of the lot is within the 100’ setback and (4) the shape of the lot and the
topography limits the position of the house, garage, well and sewage system. At closest point dwelling will be 66’
from ordinary high water level. Request a 34’ variance, I am also requesting a variance to have this lot declared
buildable for single family residential use. This was a lot of record September 23, 1980. Joe Esser represented the
applicant at the public hearing. The audience was polled with Sandy Gronhovd, Loon Lake Association President,
presenting the board with a number of pictures of the immediate area and expressing concerns with the proposed
ordinary high water level setback. A letter from Neil Strawhorn, Sustainability Committee, supporting declaring the lot
a buildable lot and opposing the proposed setback from the ordinary high water level was read for the record. After
consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to
declare Lot 15 Block 1, Woodland Acres a buildable lot for single family residential use. After additional consideration
and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a
variance of 20’ from the required ordinary high water level setback of 100' for the placement of a dwelling 80' from the
drdinary high water level with the condition that no more than 25% of the total eligible lot area can be covered with
impervious surfaces.
Doug and Kathy Burkett-Tabled. (7:25 p.m.)
Doug and Kathy Burkett, part of Government Lot 9, Section 17 of Leaf Mountain Township by Spitzer Lake, requested
the following: This project would require a 25’ variance on the Northeast and Southeast shoreline setback. The
variance would change standard 200’ setback to 175’ setback. No variance required on Southwest shoreline. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to table, with the
applicants' verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the
applicants with an opportunity to consider another location which would not require a variance for the development as
proposed. It was noted that the applicants have a very large parcel which should provide adequate room for the
placement of the proposed development in a location which would not require a variance from the required ordinary
high w^r level setback and which will provide the applicants with a reasonable use of their property.
urie Mullen - Tabled.
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 41’ from the required ordinary high water level setback of 10O’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested, A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2,
2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be
tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August 6,
2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009
meeting of the Board of Adjustment, September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting -
Prior to the October 1, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the
November 5, 2009 meeting. No action was taken by the Board. November 5, 2009 Meeting and December 2, 2009
Meeting - Prior to the November 5, 2009 meeting and the December 2, 2009 meeting the applicant submitted a letter
requesting that her application be tabled until the January 7, 2009 meeting. No action was taken by the Board.
November 5, 2009
Page # 5
tirie Mullen - Tabled.
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 41’ from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2,
2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be
tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August 6,
2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009
meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting -
Prior to the October 1, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the
November 5, 2009 meeting. No action was taken by the Board. November 5, 2009 Meeting - Prior to the November
5, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the January 7, 2009
meeting. No action was taken by the Board.
Bill Kaiar, Land and Resource Department -
Bill Kaiar, Director of the Otter Tail County Land and Resource Department presented, as directed by the Otter Tail
County Board of Commissioners, to the member of the Board of Adjustment the 2009 - 2019 Otter Tail County Water
Plan.
Bill Kaiar also discussed with the Board the Brad and Helen Nelson variance application, which was heard by the
Board on Thursday, August 7, 2008. Mr. Kaiar noted that the applicants development did not comply with the
provisions of the variance as approved at the August 7, 2008 meeting. After discussion and consideration, the Board
directed Mr. Kaiar to advise Mr. and Mrs. Nelson that a possible resolution to the non complying situation would be to
re-apply to the Board of Adjustment for a variance.
David Hauser, County Attorney - Court File NO. 56-CV-08-3969
David Hauser, Otter Tail County Attorney, reviewed the October 12, 2009 mediation regarding the Cyril and Cynara
Stadsvold variance denial. Mr. Hauser also presented a nine page document titled “IN RE: THE MATTER OF THE
DECISION OF COUNTY OF OTTER TAIL BOARD OF ADJUSTMENT TO DENY A VARIANCE TO CYRIL
STADSVOD AND CYNARA STADSVOLD - BINDING MEDIATED SETTLEMENT AGREEMENT’’ for consideration
by the Board of Adjustment. A copy of this document is attached to and incorporated as an official part of these
minutes. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and
unanimously carried, to approve and accept the above referenced document and to authorize Randall Mann Chair of
the Otter Tail County Board of Adjustment to sign the above referenced document on behalf of the board.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:15 p.m.
Prepared by: I ^
Wayne\ytein, S^retary
The minutes were mailed on Saturday, November 7, 2009 to the Otter Tail County Board of Adjustment. Official
action regarding these minutes will be taken by the Board of Adjustment at their next scheduled meeting.
October 1,2009
Page # 4
Mark Overline and Michelle Olson - Approved as modified with a condition. (7:18 p.m.)
■ : Mark Overline and Michelle Olson, Lot 23 Camp Tynset, Ten Mile Lake in Tumuli Township, requested the following:
.! We.would like our house to set even with our neighbors on the lake side. So our view is not pbstructed.by their
homes. Approximately 24’into the 100’setback. Requesting a setback variance of 76’from the ordinary high water '
level. The audience was polled; with Keith Sellner speaking in support of the variance as requested: A letter frorri Ann
and Norm Newell in support of the variance as requested was read for the record. A letter signed by 27 individuals in
the neighborhood in support of the variance application was also read for the record. After discussion and
consideration, Randall Mann made a motion, second by Thomas Lee and unanimously carried, to approve the .
proposed development being no closer to the ordinary high water level than what would be permitted by the building,
line as established between the Kelly property and the Newell property with the condition that no.rnore than 25% of
the total eligible lot area can be covered with impervious surfaces.
.. .1
Al Buckmeier- Denied. (7:30 p.m.)
Al Buckmeier, Lot 2 Otter Tail River Park, Otter Tail Lake in Everett Township, requested the following: Parking of
approximately 15 vehicles on current grass (lawn) in back and front of existing building. Cars will be staff cars of
Zorbas erhployees to free up parking on existing Zorba parking lot adjacent to the subject property. Impervious .
coverage is 35%. Maximum allowable per Shoreland Management Ordinance is 25%. Thomas Hanson, majority
owner of Zorbaz appeared with the applicant. The audience was polled with Trent Mahler, Attorney for Bernie and
Shirley Mahrer, and Paul Kinn speaking against the variance as requested. Letters from Richard West, Otter Tail
.County Highway Engineer, and William Paape in support of the variance as requested were read for the record.
Letters from Rick and Janet Bleichner, Chuck and Cheri Sherbrooke, Agnes Macal, Marcia Williams,.Tom and Patricia
Kinn, and Gary Peterson in opposition to the variance as requested were read for the record. A letter from Trent W.
Mahler, attorney for Bernie and Shirley Mahrer, was not read at the hearing, but was placed on file for the permanent
record. After considerable discussion and consideration, Thomas Lee made a motion, second by Steve Schierer to
approve the variance as requested with the condition that the garage depicted on drawing submitted with the variance
, . application must be removed and a berm must be installed to prevent water (runoff) moving from this property across
’ County Highway 72 and into Otter Tail Lake. The motion to approve failed with Michael Harris, Paul Larson and
Leona Ziijimerman voting no; therefore, the variance application has been denied.
L^ffrie Mullen - Tabled.
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 41’ from the required ordinary high water level setback of 100’ for the placement of an 8’ by .
6’ pergola^59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
; public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the '
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot.line. Ju|y 2,
2009 Meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be,
tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 Meeting - Prior to the August.6,
2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009
meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken. October 1, 2009 Meeting
Prior to the October 1,2009 meeting the applicant submitted a letter requesting that her application be tabled until the
November 5, 2009 meeting. No action was taken by the Board.
\ ■
County Attorney Rejquest and Update -
David Hauser, County Attorney, discussed the Stadsvold mediation scheduled for Monday, October 12, 2009 at 10:00
a.rh. in Wadena. Mr. Hauser requested participation and attendance by some of the board members. It was decided
that PaufLarson, Randy Mann and Steve Schierer would represent the Board of Adjustment at the mediation.
Mr. Hauser also reviewed and discussed recent County Board action regarding wind towers.
7
September 3, 2009
Page # 5
Claudia Engelstad - Denied the variance as requested. (9:25 p.m.)
Claudia Engelstad, Lot 3 Block 1 Engstrom Beach First Addition, West McDonald Lake in Edna Township, requested
the following: Current boathouse (14' by 20’) was built in 1962. Over the years the ordinary high water level has risen
so that it is now under the boathouse. It is being proposed to move back and turn the existing boathouse. Due to the
lot size oT75' by 108’ we are applying for a side lot variance of 6’ (10' required) and an ordinary high water level
variance df97' (100’ required). We area also applying for a 1.97% (25% required) impervious surface ratio. Ted
Engelstad appeared with the applicant at the public hearing. The audience was polled with no one speaking for or .
against the variance as requested. A letter from the Edna Township Board of Supervisors in support of the variance
as requested was read for the record. After discussion and consideration, Randall Mann made a motion, second by
Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship/practical
difficulty had been shown that would allow for the granting of the variance as requested and noting the significant .
impact the proposed location would have on the adjacent properties. It was also noted that the applicant should
consider locating the structure on the road side of the property.
Chad Anderson - Denied the variance as requested. (9:40 p.m.)
Chad Anderson, Lot 1 McDonald Lake Estates Second Addition, Little McDonald Lake in Edna Township, requested a
variance of approximately 15 to 17’ from the required ordinary high water level setback of 75’ for the placement of a
20’ by 32’ cabin 58 to 60’ from the ordinary high water level. The audience was polled with no one speaking for or
against the variance as requested. A letter from the Little McDonald, Kerbs and Paul Lakes Improvement District in
opposition to the variance as requested was read for the record. After discussion and consideration, Paul Larson
made a motion, second by Thomas Lee to approve the variance as requested with the condition that no more than
25% of the total eligible lot area can be covered with impervious surfaces. The motion failed with Michael Harris,
Randall Mann and Steve Schierer voting no. Those voting against the motion noted that the present use of the
property does provide the applicant with a reasonable use of his property. It was also noted that the parcel is a very
fragile and in a sensitive area.
■urie Mullen - Tabled
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 4T from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2,
2009 meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be
tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 meeting - Prior to the August 6,
2009 meeting the applicant submitted a letter requesting that her application be tabled until the October 1, 2009
meeting of the Board of Adjustment. September 3, 2009 Meeting - no action taken.
August 6, 2009
J Page # 3
Tert7 and Lori Kettner - Approved the variance as requested. (7:43 p.m.)
Terry and Lori Kettner, Lot 2 Morrill Addition, Long Lake in Elizabeth Township, requested the following: A run of the
drain field extends into the road right-of-way. Run #3 will exceed the right-of-way by 4’ and #4 will exceed the right-of-
way by 8’. The required setback is 10’from the road right-of-way. Bill Schueller, designer, appeared with the
applicants at the public hearing. The audience was polled with no one speaking for or against the variance as
requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and
unanimously carried, to approve the variance as described in the variance, application dated July 14, 2009 and as
depicted in the drawing submitted with the variance application. It was noted that there is no other location available
for the placement of the proposed drain field.
Jane Nelson - Approved the variance as requested with a condition. (7:45 p.m.)
Jane Nelson, Lot 1 Block 3 Jerrry-Marg Beach and Lot 1 of Jerry Marg Beach Second Addition, Lake Seven in Hobart
Township, requested a variance of 38’ from the required ordinary high water level setback of 100’ for a screen porch
addition on the road side of the existing dwelling 62’ from the ordinary high water level. The audience was polled with
no one speaking for or against the variance as requested. John Anderson, contractor, represented the applicant at
the public hearing. A letter from Craig and Marcia Olson in support of the variance as requested was read for the
record. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously
carried, to approve a variance of 38’ from the required ordinary high water level setback of 100’ for a screen porch
addition on the road side of the existing dwelling 62’ from the ordinary high water level with the condition that before a
site permit for the proposed development can be granted the living quarters contained within the existing shed must
be removed and the shed must be brought into compliance with the permit as issued.
Ron Ronken - Approved the variance as requested with a condition. (7:50 p.m.)
Ron Ronken, part of Lot 2 and all of Lot 3 Linden Park, East Battle Lake in Girard Township, requested the following:
The old structure has nail kegs as corner foundations with small rocks cemented into it to create the foundation.
Consequently the floor has sagged. With all of the poor foundation, the roof has an obvious sag. This old foundation
16’ by 23’ 6" would be replaced. The structure is currently 8’ from line and proposes to move the structure 10’ from
line. Then move back wall against the garage for proper function of water drainage and looks. To change roof line to
solve discharge of water properly. Install a large gutter on the front diverting water away from the bluff. The proposed
project will be approximately 56’ 6” from the ordinary high water level. Requesting a variance of 43’ 4” from the
ordinary high water level. The proposed project is also located in the bluff impact zone. The project will begin
approximately IT from the top of the bluff. Also proposing to do a 12’ by 9’ 1.5” addition to the cabin 76’ 6” from the
ordinary high water level requesting a variance of 23’ 4”. Please note that the addition would be behind the building
line and out of the bluff impact zone. Emails from Linda Moore, Ruth Brown, Roel Ronken and Scott and Beth
Boyens in support of the variance as requested were read for the record. The applicant’s contractor appeared with
the applicant at the public hearing. The audience was not polled as there was no one in attendance at the time of this
public hearing. After discussion and consideration, Michael Harris made a motion, second by Thomas Lee and
carried with Steve Schierer voting no and with Randall Mann abstaining to approve the proposed development as
described in the variance application dated July 16, 2009 with the condition that no more than 25% of the total eligible
lot area can be covered with impervious surfaces. It was noted that the proposed development will be 10’ from the
side lot line and will be no closer to the bluff than the existing development. The variance as approved will provide the
applipafit with the ability to enjoy the same rights and privileges as others in this immediate area.
aurie Mullen - Tabled
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 4T from the required ordinary high wafer level setback of 100’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
public hearing as Ms, Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there is no adequate hardship/practical difficulty that would allow for the granting of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line.
August 6, 2009
,, Page # 4
July 2, 2009 meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her
application be tabled until the August 6, 2009 meeting of the Board of Adjustment. August 6, 2009 meeting - Prior to
the August 6, 2009 meeting the applicant submitted a letter requesting that her application be tabled until the October
1, 2009 meeting of the Board of Adjustment.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:14 p.m.
Prepared by:
Wayne wein, Secretary
The minutes were mailed on Friday, August 7, 2009 to the Otter Tail County Board of Adjustment. Official
action regarding these minutes will be taken by the Board of Adjustment on Thursday, September 3, 2009.
July 2, 2009
Page # 4
Don and Kathy McFarland - Approved the variance as requested. (8:10 p.m.)
Don and Kathy McFarland, Lot 13 Burau Beach Addition, Wall Lake in Dane Prairie Township, requested a variance
of 52’ from the required ordinary high water level setback of 75’ for the purpose of raising the flat portion of the roof on
the existing dwelling 2’. The audience was polled with no one speaking for or against the variance as requested.
After consideration and discussion, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to
approve a variance of 52’ from the required ordinary high water level setback of 75’ for the purpose of raising the flat
portion of the roof on the existing dwelling 2’. The proposed development is normal maintenance for the structure.
Alan I Molde - Approved the variances as requested with conditions. (8:12 p.m.)
Alan I Molde, Lot 36 Country Estates, Glitherall Lake in Clitherall Township, requested the following: 1.) to construct
an addition (14’ by 32’) to the south side of the existing cabin at a setback of 66’ from the ordinary high water level, 2.)
to lift the existing cabin and add 32” to gain reasonable use of the basement. The setback remains at 60’, 3.) add a
16’ by 16’ screen porch to the north side of the existing cabin at a setback of 66’, and 4.) replace a large deck with a
setback of 50’ with a smaller deck having a setback of 54’, not including the steps. The audience was polled with
Roger Specht, Bryon Johnson, Jim Miller and Ben Hovde speaking for the variance as requested. A letter from
Georgia and Jerry Storms, Kurt A. Maethner, James and Donna Miller, Roger Specht, James and Rita Loftness and
Donald and Betty Davenport in support of the variance as requested was read for the record. After consideration and
discussion, Michael Harris made a motion, second by Thomas Lee and carried with Randall Mann and Steve Schierer
voting no to approve the variance as described in the variance application dated June 11, 2009 and as depicted on
the drawings submitted with the application with the condition that no more than 25% of the total eligible lot area can
be covered with impervious surfaces and with the condition that the proposed development must be at least 10’ from
the side lot lines. It should be noted that the variances as approved will provide the applicants with a reasonable use
of their property, a reasonable use of the basement for living space and will result in the least amount of disturbance
to the land.
urie Mullen - Tabled
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 41’ from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. June 4, 2009 Meeting - Miles Anderson appeared with the applicant
at the public hearing. The audience was polled with Lorena Kezar and William Karp expressing concerns with the
variance as requested. A letter from Lorena M. Kezar in opposition to the variance as requested was not read at the
public hearing as Ms. Kezar was in attendance and spoke on her on behalf. After consideration and discussion,
Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal
permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant and the
Land and Resource Department the opportunity to determine if the proposed development is behind the string line. It
was noted that there is no adequate hardship/practical difficulty that would allow for the granting-of the side lot line
variance as requested as the applicant has adequate room to place the structure 10’ from the side lot line. July 2,
2009 meeting - Prior to the July 2, 2009 meeting the applicant submitted a letter requesting that her application be
tabled until the August 6, 2009 meeting of the Board of Adjustment.
June 4, 2009
Page # 3
ADG Investments LLC - Approved the variance application as requested with a condition. (5:34 p.m.)
ADG Investments LLC, part of Government Lot 6, Section 5 of Buse Township, requested the following: Request a
variance to subdivide approximately 20' from Parcel 06-000-05-0032-001 and to permanently attach to Parcel 06-000-
05-0032-009, which will become approximately 31,104 square feet in size. The retained parcel will be approximately
22,898 square feet in size and less than the 2.5 acre requirement. Gary Anderson represented the applicant at the
public hearing. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to
approve a variance to subdivide 20.52’ from Parcel 06-000-05-0032-009 and to permanently attach this 20.52’ to
Parcel 06-000-05-0032-001 with the condition that the structures on either parcel must be at least 10’ from the newly
created lot line. It should be noted that the variance as approved does not directly or indirectly grant any others
variances for the proposed subdivision. The variance as approved will allow the property owners to cleanup the
existing property line and building encroachment issues.
rie Mullen-Tabled. (5:38 p.m.)
Laurie Mulien, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 4T from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6’ pergola 59’ from the ordinary high water level. Miles Anderson appeared with the applicant at the public hearing.
The audience was polled with Lorena Kezar and William Karp expressing concerns with the variance as. requested. A
letter from Lorena M. Kezar in opposition to the variance as requested was not read at the public hearing as Ms.
Kezar was in attendance and spoke on her on behalf. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal permission, this hearing
until the next scheduled meeting of the Board of Adjustment to provide the applicant and the Land and Resource
Department the opportunity to determine if the proposed development is behind the string line. It was noted that there
is no adequate hardship/practical difficulty that would allow for the granting of the side lot line variance as requested
as the applicant has adequate room to place the structure 10’ from the side lot line.
Janice L Coffelt - Denied the variance application as submitted. (5:50 p.m.)
Janice L. Coffelt, Lot 4 Block 1 of Erickson’s Addition and part of Government Lot 5, Section 1 of Scrambler Township
by Pelican Lake, requested the following: Request to replace existing cottage and deck on substandard lot. Variance
requests for the foliowing setbacks: (1) iot line 3’ 7” rather than 10’; (2) road right-of-way: 3.9’ rather than 20’; (3)
ordinary high water level: 14’ rather than 75’. Existing structure dimension changes: (1) the current cottage footprint
of 20’ by 22’ and location would remain the same, and the current deck would be decreased from 15’ by 24’ to 12’ by
22’. (2) Egress to 4’ crawl space on side of cottage; 5’ wide by 8’ long by 4’ deep; Top soil removal from property to
accommodate crawl space; 4’ by 22’ by 20’ or 1760 cubic feet. Soil excavated to accommodate egress will be used
to fill in the removal of concrete steps leading to old dock location. 4’ by 4’ by 4’ concrete steps to be replaced with
open composite steps 4’ by 4’ by 4’ steps to new dock location. Existing noncompliant shed will be removed. This
request is based on hardship. The existing substandard lot does not allow for current setback requirements. The
existing structure does not contain bathing facilities. To add a full bath would Impact the current two bedroom floor
plan. Adding a loft area would allow for conformance to building code for bedrooms. Adjacent properties have
fullbaths and some have second stories. The audience was polled with no one speaking for or against the variance
as requested. A letter from Richard West, Otter Tail County Highway Engineer, expressing concerns with the
development as proposed was read for the record. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to deny the variances as requested for the proposed
deveiopment noting the letter from the Richard West, Otter Tail County Highway Engineer requesting development
comply with the required road right-of-way setback and noting a grossly substandard lot of record which does not
support an expansion of the existing development.
Otter Tail County
Government Services Center
SlOFirAve W
Fergus Falls, MN 56537
Attention; Wayne Stein
Board of Adjustment Secretary
June 1, 2009
This letter is in reference to Laurie Mullin's request for variances of lot 8 of Shady Beach
Addition, property address 31422 Shady Rd, Underwood, MN.
I, Lorena M. Kezar, am the owner of the adjacent property, lot 7.
#1 The existing sun porch is already encroaching the 10 foot property line by 4 or 5 feet.
The used sunporch was unwanted by the previous owner, and moved onto lot 8 some
years ago. This was done without asking for a variance, and without notifying us, the
adjoining property owners.
#2 The old existing structures on the above lot (trailor and sun porch) are in need of
repair and/or replacement and presently not used for comfort living. The requested
addition and variances will only add to an existing problem, causing a precident for the
future.
#3 Both variance requests are contrary to the bi-laws, which were created to maintain fair
and consistent boundaries for developing properties.
For the reasons listed above, please enforce our bi-laws and say no to both variances.
Thank you.
Lorena M. Kezar
Jack W. Kezar, deceased, January 31,2007
31414 Shady Road
Underwood, MN 56586-9217
CUv
Phone; 218-495-2184
934 105thAveNW
Coon Rapids, MN 55433-6510 Phone; 763-205-6191
OTTER TAIL COUNTY
Fergus Fails, 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
certilV that on the 15th, day of May, 2009 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Laurie Mullen, 24427 County Highway 1^ Fergus Falls, MN 56537
^ 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, 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, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Joe Maske, 14833 Lake Oiaf Rd S, Pelican Rapids, MN 56572
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: May 15th, 2009
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
JJBy:
Vi Manderud
■'-v-D
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 Fir Ave W
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-taii.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Laurie Mullen
24427 County Highway 1
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, 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, June 4, 2009 at 5:30 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 speciai 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 8 of Shady Nook Beach Addition,
Property Address - 31422 Shady Road
Section 15, Township 134, Range 41 - Township Name - Maine
Lake No. 56-475, Lake Name - Pickerel, Class - RD
The variance requested is -
the following: 1.) a variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14'
toward the lake, and 2.) a variance of 4T from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6' pergola 59’ from the ordinary high water level.
Wayne Stein
Board of Adjustment Secretary
Date: May 14, 2009
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SCALE DRAWING FORM j,.
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The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
iize (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
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THE ABOVE SPACE IS RESERVED FOR Tl IE COUNl Y RECORDEn
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 *X]o^
Application Fee
iN|; LCOMPLETE THIS APPLICATION IN B Receipt Number .
Accepted By / DateV/VlULf?fc/CLf-)U llllrrPROPERTY OWNER DAYTIME PHONE
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■pMAILING ADDRESS
F^OLAKE NUMBER LAKE NAME LAKE CLASS
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PARCEL
NUMBER
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ADDRESS30 6OQQQOL/S5~^^(D V V22- SHnou Ea^o
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TYP^IJ^VaRIAW'^, REQUESTED (Please Check)
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your"PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
USED FOR PU&LIC NOTIFICATION.
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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 MANAGEMENT REGARDING THIS MATTER.
Vh N 206'^
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
1
SCALE DRAWING FORM!
2>^ooo^^r) us^mo—X -~Tax Parcel Number(s)
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The scale drawing must include the outside dimension (iotlines) of the property above the ordinary high water levei, and must identify the type,
size (square feet), and location of ail existing and proposed structures, additionai onsite impervious surfaces, road right-of-way(s), ordinary high
water ievel(s), septic tank(s), drainfieid(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
6^9.Ft2Structure(s):
Ft2Deck(s);
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s);
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
.50 Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
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IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
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