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Home My WebLink About10000110075000_Variances_09-08-1994Variances 2 Barcode 128 -''‘'NOGS APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA \ Receipt No. UyjiApplication Fee $ uAKE'- 212- 8'64 - 8807 ^18-233-7789/MARY l£AWtTAMopAOwner: Last Name First Middle 417 A)APLE kA/Ve /lAoo/^HE^P 5'^5'GO/V\N street & No.City State Zip No. R.i:> Lake Class O' r ?~/Q/ S> STG- 2.^% Lake No. ^ c i- ITKE^ aall C^iZTLA^D Cl^egKLake Name //CLir/i-e/^Ai-L.40Sec.Twp.Range Twp. Name S \Gf^/VUSSlhJ AT 6oAjA;/e' ^SCACA rA«eiQI6Hr OKi /?OAb HOVi^C aajp stc> Re: Legal Description: il l^z. 40 //30 //^ AC £ of OiTcN OF koT 4 ex n; /co' Fire No. or Lake ID # At~rACHeC> MAp^ /0-ovo-(t-oa1s-ooOParcel Number VARIANCE REQUESTED IS:A CAOsifU: '20 F^oM G/^zai^D cRgcrK - s-ErfiAc< looF^^ LAK^^(^srD sfiBACK \oopt^ LMjTfl:;. fi/994 / InL-y l~o 4^ p-i-, cu\the:rall iii I il l L‘ UA'd 8t 1 In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County.I ip far m)f prnpriffari proyact. 4U.ioi itiaay ^rlriifii filar parmitc eim^^' (^A Ge'/Jr\V-ZJ 19^. Application dated X i Signature Of ApplicantPAYTI.ME' 19y- sF 7 .Date of hearing: ____ MOTION AS FOLLOWS: Motion was made by Cecil Femling, seconded by Randall Mann to deny the variance as requested. The motion failed with Craig Anderson, John Everts and George Walter voting no. After additional consideration, motion was made by George Walter, seconded by Craig Anderson and unanimously carried, to table the variance request until the October 6th. 1994. Board of Adjustment meeting for additional information. It was noted that the applicant's property is in an environmentally sensitive area. . Time:M Cover^ Acu.c Chairman Otter Tail County Board of AdjustmentXPermit(s) from Land & Resource Managernint required:YES NO InllllQr/ mailed copy of Application to Applicant. (Date/lnilial) MKL — 0483-001 258.371 — Vidor Lundeon Co.. Printers, Fergus Fails. Minnesota \ fr .? ^« ...i f .£> f jV. 'r Office of County ReeerdeF County of Otter Tail I hareliy certify that the within Instniment was filed for tecojti ia.fhls office on the A?- day of_52ui.D. and was duly Microfilmed as Ooc. 0 O, ^ County Rerardot^ Deputy ■1-. ^5^7^ j V' . Notion was made; by Craig Anderson, seconded by. Carl Johnson, and carried with Randall^Hann and’Cecil Femiihg'voting no, to approve the construction of a 20' by 24' structure,, with an-exfehsitjn-if f’the existing shed is removed, being no closer to the lake than the. creek side of the existing tfaii'e’r and with the condition that the structure will be ideated 10' from the holding tank, at least 10' from the-side lot line and no closer to the creek than 27' at the nearest point and with the condition that no other variances or structures will be granted. The granting of the variance will allow the applicant a reasonable use her property. It was also noted that the property is in an environmentally sensitive area and any excavated areas must be stabilized immediately and any decks or patios should be at or near, ground level. Hardship being a substandard lot of record. p,0A^ ^ CLITHE) F(9UUOW ROAP 3^H1MP 6o/v)N//^ B^ACH store ANJP upper, row of OABlNiS LU D w d d1—n ;0 iliLv i^ 8 1994 I ■ ILAND & RESOURCE’ / Scale' Each grid equals feet/inches GRID PLOT PLAN SKETCHING FORM 9*^-^ xP, (accent') Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures. <?-2 Zi.Dated:19 ~1 m w ^ rri 1+"X N >70 6^cQ ZP 4*. V N 0 r-f^'Y/ Im -fr\ / Ir-i <0^ \X I \ I■> rn70 O> ir7 >r ^ m Oif.ui p\00 7S >O VAVVhrir\ 4->o<■7>4^>ooo7:>00 n o i *■Ws>'*-00-»O2: 2 OP 2 rr\ > m y iJXLLlfnll 73 O Irn (A r-i t \0 70 H 215987®MKL-0871-029 VICTO* LUMOeCM CO.. ^AIMTCOS. fEOCUS f*LLt. MINN. H C'"’' i!<p T 'T^WlC- / j'll- -54^ i 0 a |Ql' S’v.'J-^ Iv/ y/A X ^ M' ^3 ( \) ^fV)\T '^o ^t/^Y ofrrjjUe V '^X^(r^L/^ ’^iJui G'^ % ^ 5'ft ^ Y“Ki / j-e u ~~to fsj i:5 U^'-^c/ v-<fV °Xji^ i-^ J.*\f^ sT A'" k. September 8th, 1 994 Page 1 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT September 8th. 1994 The Otter Tall County Board of Adjustment met Thursday, September 8th, 1994, with the following persons in attendance: Craig Anderson John Everts Cecil Fern ling Randall Mann George Walter Pat Eckert, Land and Resource Management Wally Senyk, County Attorney CALL TO ORDER - The meeting was called to order at 7:00 p.m. by Chairman George Walter. MINUTES APPROVED-September 1st. 1994 Hearing no corrections or additions the minutes of the September 1st, 1994 meeting were declared approved as mailed. The following variance requests^were heard: Lois Agather - Approved Lois Agather, Fargo, ND, requested a variance of 5' from the required side lot line setback of 10' and a variance of 1 O' from the required road right-of-way setback of 20' for the replacement of an existing 14' by 25' garage with a 20' by 26' garage 5' from the west lot line and 10' from the road right-of-way. The property is described as the West 75' of East 225' of N 150' of Government Lot 3, Section 2 of Perham Township on Little Pine Lake, The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Cecil Femling and unanimously carried, to approve a variance of 10' from the required road right-of-way setback of 20' and to deny the requested west side lot line variance of 5'. Hardship being a substandard lot of record. It should be noted that the road is an easement road. George R. Milligan - Approved George R. Milligan. St. Paul, MN, requested a variance of 10' from the required road right-of-way setback of 20' for the construction of a garage 10' from the road right-of-way. The property is described as Lot 6, Parkdale Beach, Swan Lake in Dane Prairie Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by Craig Anderson and unanimously carried, to approve a variance of 1 O' from the required road right-of-way setback of 20' for the construction of a garage 10' from the. road right-of-way with the conditions that the entrance to the garage will be at a right angle to the highway and that the existing 8' by 16' shed will be removed. Hardship being a substandard lot of record. September 8th, 1994 Page 2 Eugene Bierne - Approved Eugene Bierne. Ottertail, MN, requested a variance to permit 17 overnight mooring sites. The shoreland ordinance would allow for 10 overnight mooring sites. Applicant is requesting an additional seven overnight mooring sites which will provide one site for each of 17 cottages. The property is described as Lot 2, Greenwood Resort, Otter Tall Lake In Otter Tail Township. Mr. Chuck Anderson represented the applicant at the hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to approve a variance that would permit 17 overnight mooring sites and two docks. The granting of the variance will be an improvement over the existing situation. It should be noted that the property is being transferred from a resort to a cluster development. Jahoda - Tabled Mary J. Jahoda, Moorhead, MN. requested a variance of 80' from the required ordinary high water level setback of 100’ and a variance of 30' from the required shore impact zone setback of 50’ for the placement of a cabin 20' from Gizzard Creek, a variance of 57' from the required ordinary high water level setback of 100' and a variance of 7' from the required shore impact zone setback of 50' for the placement of a cabin 43' from Clitherall Lake, The property is described as part of Government Lot 4, Section 1 1 of Clitherall Township on Clitherall Lake and Gizzard Creek. The audience was polled with Richard Peterson speaking to the request. After consideration, motion was made by Cecil Femling, seconded by Randall Mann to deny the variance as requested. The motion failed with Craig Anderson, John Everts and Geor^ Walter voting no. After additional consideration, motion was made by George Walter. seconded by Craig Anderson and unanimously carried, to table the variance request until.the October 6th, 1994, Board of Adjustment meeting for additional information. It was noted that the applicant's property is in an environmentally sensitive area. Edward J. Schlichting - Approved Edward J. Schlichting, Anoka, MN, requested a variance of 125’ from the required ordinary high water level setback of 200' and a variance of 25' from the required shore impact zone setback of 100' for the construction of a dwelling 75' from the ordinary high water level. The property is described as Lot 7, Minnkota Beach 2nd Addition, Dead Lake in Maine Township. Letters from Lois Bapp and Raymond Rau were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by Randall Mann and unanimously carried, to approve a variance of 11 O' from the required ordinary high water level setback of 200' and a variance of 1 O' from the shore impact zone setback of 100' for the construction of a dwelling 90' from the ordinary high water level. David C. Martinson - Denied David C. Martinson, New Hope, MN, requested a variance of 5' from the required side lot line setback of 1 O' for the placement of a proposed utility shed 5' from the side lot line. The property Is described as Sub Lot T of Government Lot 1, Section 1 1 of Scambler Township on Pelican Lake, Appearing at the hearing with the applicant was James E. Dalos, The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by John Everts and unanimously carried, to deny the variance as requested as no adequate hardship had been shown. : October '6th, 1994 - Page 7 Mary J. Jahoda - Approved Mary J. Jahoda, Moorhead, MN requested a variance,of 80' from the required ordinary high water level setback of 100' and a variance of 30' from the required shore impact zone setback of 50' for the placement of a cabin 20' from Gizzard Creek, a variance of 57' from the required ordinary high water level setback of 100' and a variance of 7' from the require-d shore impact zone setback of 50' for the placement of a cabin 43' from Clitherall Lake. The property is described as part of Government lot 4, Section 11 of Clitherall Township on Clitherall Lake and-Gizzard Creek. A letter from Dick and Shirley Peterson was read for the record. After consideration, motion was made by Craigi; Anderson, seconded by Carl Johnson, and carried with Randall Mann and Cecil Femling voting ho, to.approve the construction of a 20' by 24' structure, with an extension if the existing shed is removed, being nO'closer to the lake than the creek side of the existing trailer^and with the condition that the structure will be located 10' from the holding tank,,at least 10' from , ’ the side lot line and no closer to the creek than 27' at the nearest point and with the condition that no other variances or structures will be granted. The granting of the variance will allow the applicant a reasonable use her property. It was also noted that the property is in an environmentally sensitive area and any excavated areas must be stabilized immediately and any decks or patios should be at or near ground level. Hardship being a substandard lot of record. With no further business. Chairman Walter declared the meeting adjourned. OJ. Wayn^Stein, Secretary !. (■' ! : ■I r Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone: (218) 739-2271 Court House FERGUS FALLS. MINNESOTA 56537 MEMO BOARD OF ADJUSTMENTTO; I . La 'Tim GriepFROM; September 14, 1994DATE; Mary Joan Jahoda property, Clitherall Lake (56-238).RE: As requested by the Board of Adjustment, our office did an onsite survey of the above mentioned property. Soil borings in the building location are as follows; #2 (SW corner>/I (NW corner> 0" to 5' (gravel) (ground water) 0' to 4' (gravel) 4' to 5' (peat)5' (ground water)5' Elevation Readings: 4.33 above OHWL 3.13 3.13 4.20 NW corner proposed building structure SW corner SE corner Ne corner ItItIIII II II•I■I II IIIIII II The existing home is 41'The Ordinary High Water Level has been staked, from Ordinary High Water Level. mis r RECZSVED OTTER TAIL CO. AUDITOR SEP 16 i?rr FERGUS FAaS. MN ' CLITHERALL LAKE CAfAPGROUNV RR 1 Box ZOO Battle. Lake., MW 5651 5 Otte.n. Tail Coanty Variance. Boakd: Man.y Jahoda haA apptie.d Son. a vaniance. to build a cabin be.tv)ze.n Gizzand Cncck and Clithe.nalt Lake. build thenc ii much, to lange Son that anea in my opinion. Sonmen ownen oS Bonnie Beach ReAont which we owned Son 15 yean& <which abutA the pnopenty o<j Hany 3ahoda> and was pant oS the ReAont Son many yeanA. We <Jeet we know the Aituation well, tnailen that AitA thene now iA an eyeAone and agnee it Ahould be neplaced. The cabin that they wiAh to As a The Howeven, they have no waten on electnic thene and wonden iS they can get it in legally. yeanA ago was Son the one bednoom tnailen ao would have to be enlanged Son the big cabin they want, it centainly would not accommodate the 3 bednoom they want to build. The Aewen system that was put in about 10 I believe they Ahould be limited to a 10 X 50 tnailen which they had in thene at one time and had to move it out. on a building cloAe to that Aize. We now own ClithenalI Lake Campgnound acnoAA the cneek Shorn them and have alwayA complied with the nuleA and negutationA oS the Ahoneline management which we Snel ane Son good neaAon, We can undenAtand Amatl vanianceA to theAe nuleA, but not unneaAonable aA thiA seems to be. Sincenely, Vick and Shiniey Petemon i Notice of Hearing for Variance Otter Tail County Fergus Falls, Minnesota 56537 Applicant must be present at the scheduled hearino. To Whom It May Concern: Mary J. Jahoda 417 Maple Lane Moorhead, MN 56560 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 Subdivison Controls Ordinance, The Otter Tail County Board of Adjustment will assemble for this hearing on September 8th, 1994. at 7:00 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 accemmodations sheuld centact the Ccunty Auditor's office prior to the date of the public hearing. The property concerned in the application is legally described as part of Government Lot 4. ¥\re^ Section 11. Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238/56-Gizzard Creek. Lake Name - Clitherall/Gizzard Creek , Class - RD/Urban & Tributary The variance requested is: a variance of 80' from the required ordinary high water level setbaok of i 00' and a variance of 30' from the required shore impact zone setback of 50' for the placement of a cabin 20' from Gizzard Creek, a variance of 57’ from the required ordinary high water level setback of 100' and a variance of 7' from the required shore impact zone setback of 50' for the placement of a cabin 43' from Clitherall Lake. COcuJrui Board Of Mjjustment Secretary 9V Date 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 15th, day of August, 199^ the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mary Jean & John F. Jahoda, A17 Maple Lane, Moorhead, MN 56560 Aryln Hustad, Twp Clerk Clitherall, Rt 1 Box 186, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1281 1/2 E. Fir Ave, Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Otter Tail County Public Health Department, Courthouse, Fergus Falls, MN 56537 Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, Route #2, Battle Lake, MN 56515 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Carl T. Johnson, R#1 Box 122, Vergas, MN 565B7 George Walter, Route #1 Box Bl'^, Perham, MN 56573 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, properly addressed to each of the individuals listed above and/or listed in the attachment. Dated: August 15th, 199^ Secretar 7^:'.'r •.>-yiyi:%?j>>.*;y V- m COLTOIM, ELMER L RR 1 BOX £05 BOTTLE LOKE, MM w'■^c56515 PETERSON, RICHORD H PETERSON, SHIRLEY M RR 1 BOTTLE Lf-IKE, MN 56515 DEUTSCH, POOL DEUTSCH, KATHRYN PO BOX £98 BATTLE LAKE, MN 56515 JAHODA, MARY JEAN JAHODA, JOHN F 417 MAPLE LANE MOORHEAD, MN 56560 > - :/' '