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Home My WebLink About10000250172048_Variances_05-07-2009Variances 2 Barcode 128 S '"1 - OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 10565631056563 this instrument # was filed/recorded in this office for record on the [3 .day ofrr\d .2009 at aWendy\L. Mfetcalf,.County Re by: i k FfCX ler __weii certific THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED APR 0 2 2009COUNTY 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 LAND & RESOURCE mooApplication Fee MS WCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number ' Accepted By / Date 6?7 L- DAYTIME PHONE 3\^ ^ ^3:^30 X__________ fed r i I ic F D ■ i MAILING ADDRESS H L'Xl h P . V PROPERTY OWNER I V Cw \ C1 f Vw Y^lU *- CjroiVie__ HAIH \+ LAKE CLASSLAKE NAMELAKE NUMBER Uj:CI \i L'Pi ^aRANGETOWNSHIP NAMETOWNSHIPSECTION i iLE-911 ADDRESS PARCEL NUMBER Ave/ t^c.C'C ^ ^ L- I 1 of W/53,?-5' ci /- &L \ Ea PT To j K/ P R.O d LEGAL DESCRIPTION a\kauiV^d Tr -fijit LgtjcJ photo TYPE OF VARIANCE REQUESTED (Please Check)Lo^" Site. XMisc.ClusterSubdivisionSeivage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. iUKiCh iPdS If^Cerdic^ inOChk’i^ of ImC hon of ol juoO > C Peypko/u d^ibCuSSfon I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OFTHE'SHOFIELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. ^-vroDoary I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. > ria-^ 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) ;. '\ O ^.-1 7Date Of Hearing Time Motion . Patrick F. and Frances L. Didier -Approved the variance application as requested. (6:36 p.m.) After consideration and discussion, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the application dated March 30, 2009. It was noted that no additional variances are required for the . development as currently proposed. The granting of the variance as requested will provide the applicants with a reasonable use of their property by providing them with the opportunity to replace the fire damage structure. Hardship/practical difficulty is the loss of use of the existing residential dwelling, which was significantly damaged in a fire. f£irmmn/Otter fail Courity Board/^ Adjustment Permit(s) required frorh Land & Resource Management 1 Yes (Contact Land & Resource Management) No 5ll^lo^Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R dfficial/Date bk 0407-001 329,512 - Victor Lundeen Company. Fergus Falls. Minnesota MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 7, 2009 The OtterTail County Board of Adjustment met Thursday, May 7, 2009, with the following persons in attendance: Michael Harris Randall Mann Rod Boyer Thomas Lee Mark Ronning, Land and Resource Management Kurt Mortenson, Assistant County Attorney Paul Larson Steve Schierer Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the April 9, 2009 meeting as mailed. The Board of Adjustment considered the following applications for variance: Timothy Burke - Approved the variance application as requested. (6:32 p.m.) Timothy Burke, part of Government Lot 4, Section 27 of Rush Lake Township by Round Lake requested a variance to have this substandard .52 acre lot which is 150' by 150’ in size for family residential use. The lot was recorded in 1972. The house was built in 1969. The required size is 5 acres with 200’ of lot width. 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 the variance as requested in the application dated March 18, 2009. It was noted that the parcel currently has residential use and that the approval of the variance as requested will provide the applicant with the opportunity to enjoy the same rights and privileges as others in this immediate area. Hardship/practical difficulty is a substandard lot of record and the existing residential use. F. and Frances L. Didier - Approved the variance application as requested. (6:36 p.m.) Patrick F. and Frances L. Didier, part of Government Lot 1, Section 25 of Clitherall Township by Clitherall and Crane Lakes, requested the following; Proposing to have the .86 acre substandard parcel, which was recorded in October of 1978, be declared buildable for single family residential use for the construction of a new home. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the application dated March 30, 2009. It was noted that no additional variances are required for the development as currently proposed. The granting of the variance as requested will provide the applicants with a reasonable use of their property by providing them with the opportunity to replace the fire damage structure. Hardship/practical difficulty is the loss of use of the existing residential dwelling, which was significantly damaged in a fire. Carol A. Boyum - Denied the two proposed dwelling additions and approved a garage with conditions. (6:39'p.m.) Carol A. Boyum, part of Sub Lot 6 of Government Lot 2, Section 14 of Clitherall Township by Clitherall Lake, requested a variance of 20’ from the required ordinary high water level setback of 100’ for the construction of two additions unto an existing dwelling and for a new detached utility building/garage. The audience was polled with Charles Parson speaking on behalf of Mary Parson Belden, Ron Parson and Deborah Uselman expressing concerns (high water levels, terrain, run off, water quality, precedence, etc.) with the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Rod Boyer and unanimously carried, to approve the addition/construction of a 16’ wide by 24’ deep garage with the condition that the garage can be no closer to the ordinary high water ievel than the existing dwelling and with the condition that it must be attached to the driveway side' of the existing dwelling and to deny the variances as requested for the two proposed dwelling additions. Granting the variance as noted above for the construction of an attached garage, along with the existing dwelling, will provide the applicant with a reasonable use of her property. Hardship is the shape, terrain and topography of the applicant’s property.; Monday, March 30, 2009 Application for Variance, Parcel 10-000-25-0172-048 This application for variance is to replace the former home of Carl Christianson with another year around home; Carl’s home burned the fall of 2006. The property was subsequently sold to Pat and Fran Didier in February 2007. At the time of purchase by Pat and Fran Didier, Land and Resource stated the property was “Grand Fathered in” and that a new structure could be built as long as it met set back regulations. Subsequently, Land and Resource determined that the Warranty Deed had not been recorded. Doc No 571016, until October 1978, that the Grand Father clause did not apply and that an application for variance would have to be filed. Water from the well was tested in 2007 by the Hospital in Fergus Falls and determined to meet state standards. The septic tank has been inspected by a state inspector and determined to be in good condition. The drain field was evaluated and determined to have too much clay. Tests were performed by the inspector and it was determined that the southwest portion of the lot met the criteria for a mound system. The new mound system will be constructed subsequent to approval to replace the previous home. The proposed home meets the set back criteria from both Clitherall, Crane Lake, Road Right of Way for both South Clitherall Lake Road and 395^'’ Ave, and from all lot lines; but the lot (.86 acre) does not conform to current Land and Resource guidelines for total lot size. It is requested that a variance be granted so a replacement home can be built on approximately the same location with similar finished square footage, but with a slab foundation rather than a basement. Drawings are attached. The builder has staked the location of the proposed home. The road right-of-ways to the North and East have been staked. Patrick F. Didier. RECEIVED APR 02 2009 LAND & RESOURCE '3- PREVIOUS TO NEN R/N AREA COnPARISONS Ci'.VERS:C‘,‘,VE:RS: PATRICK r. <tc PRAK'CPS L DICIER HEI.ETI W.GW.WER5:PRARKillJ a. laOTH STREET W£W ROAO CORRIDOR CWJER5: PATRICK r. A PRARCE5 DICIER -z: \ ),7E7 C- 'IwCW'tiERS: JAY ft tiAtiCY JOHRSOK' E ^ in0- rn CJ>o aLU3o>inCVJLULUirOooO LU Qi ozQl.cc -<t I PREVIOUS ROAD CORRIDOR straight Line Road Right ofStaked Road Right of Way Proposed Road Right of Way Parcel # 10000250172048Way25'50'75'100'125'150'175'200' / 190'o Old Bsmt, Filled in Proposed Deck Lake lot Rev LDriveway Fill South of Bsmt Proposed Home & Enclosed Porch For: Variance Permit Application Patrick F. Didier 30 March 2009 RECEIVED APR 0 2 2009Original LAND & RESOURCE RECEIVED APR 0 2 2009 LANDS RESOURCE 1/ Vf > 9 4 Jj 4J o«>»)-f- 0■s £’o o o T3 ., vS k.1^H-lOtuL> V) (flO' c a)J-.oe _ (T) 4j • 0 ^ t) ^ u «< n 0 O 0 +1 :z:o2 till :<t. tx.f 6 I rn:lO 00 Mttj o . 1 .. ._ «., ?' '2!>■ ■ - ->-^ o or.I.oCO I— (>-c I I—Lo , Oa Z''OI<rCO I Ita Ipi I ! 1wm o It)’ CD IIM 1 r-CDct ij v»I (T ri<:( <r)rr>iw O’"N o;tj1 I .1 u II ■■ 0•p•5 \1I ,- ,/:6V -.i. I & received APR 0 2 2009 uANDS RESOURCE '* Parcel #10000250172048 Application for Conditional Use Permit 30 Mar 2009 Area (sq. ft.)Length Width Structures Garage Garage Shed Existing Shed 832 32 26 286 11 26 New Home (Main) New Home (Porch) 864 36 24 168 14 12 2150 Deck 432 12 36 432 Driveway 15a 15 10 150 Patio Sidewalk 50 5 10 50 Stairways Retaining Walls Landscaping Total Impervious 2782 Lot Area Main Triangle Total Lot Area 36143.36 1256.32 37399.68 193.28 193.28 187 13 limpervious Surface Ratio 7.44% RECEIVED APR 0 2 2009 ^,AND S RiSQUBOi L mi . IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): t) Ft2Structure(s): J C n ff Deck(s): Driveway(s): Ft2Patio(s): Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 FF 3T^322^Sff TOTAL IMPERVIOUS SURFACE: LOT AREA: LOT AREA X100 =% TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO f i ..SCALE DRAWING FORM! ]qdd 2^o\ Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (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. t i %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) i r±!:.3:EI B1..i...i..f i-|.: i: r[::[:[i-4 •f; -- I._.l4-- k.. ..j. ...| .I r 4[■Ir”1 -r :-t'■t'T i •4.■;■; —tr I1-ij::rt + rj httttr1... -i..i.■hT •h T1 ■! ee )■ ......„i„.-f!"T[4-•f 1--4 r 4T ( 1 •).......-4r 4I-L.f 4It4i-..rI-------4-4- ■r -•-r I1:14:t T-!f-;'I i ft+-L- n ].i,:..].:.Ii*'j:1 i j- i'"'[4 -.j;];;T f •..l...i."t r i__ . I I I ! ..i.r t f B-!It ,'i q::+■r:[-1-^:'T—^—r —r1 4-4..f-1I■T ■1. :!I •Uf4-:t:i±'t'i“T '4 ......1....1....4•■f— . .4.-f f ■■■[t -f-T'..I....L4..•4 4-■r ■ 1- I ;L [ ri I4f r -4-■-B-11 i4- r +r ■;it-■f'r 5 h-1 -_L_ ...1..t■i-I ..1.4-■-)'X"i 1T.....[rii •4!T ■B ii.+T" !t iI.1 I 4-4..!X4+■..4.,_L.i-4 ■f-- ^...t-■i-.........t.....-----r --■f RECEIVED APR 0 2 2009 -4-4 f i.T T !-I 1................(■ f- LAND&RESOUnCf1'I ;.1...Bt ■ f 1•I. .. ( Signature of Property Owner Date BK —0207 329.086 • Victor LundBBD Co, Printers • Fergus Mis. • 1-800-346-4870 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Patrick F and Frances L Didier 4693 Pintail Ct Marion, lA 52302 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, May 7, 2009 at 6:30 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 special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as North 251’ of West 193.28’ of Government Lot 1, Property Address -17993 395**’ Ave Section 25, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238/293, Lake Name - Clitherall/Crane, Class - RD The variance requested is - the following: Proposing to have the .86 acre substandard parcel, which was recorded in October of 1978, be declared buildable for single family residential use for the construction of a new home. ^ayne Stein Board of Adjustment Secretary Date: April 16, 2009 FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.: Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1. Will the request have an adverse effect on government services? Why or why not?2. Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Why or why not? 3. Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this factor) Why or why not? 4. How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5. Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6. 7.Does existing sewage treatment need upgrading? Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?8. In light of all of the above factors, would denying a variance serve the interests of justice? Why or why not? The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted. 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 20th, day of April, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment Patrick F & Frances L Didier, 4693 Pintail Ct, Marion, lA 52302 6276 Janet Eitzen, Clitherall Twp Clerk, 40034 Old Town Way, Clitherall, MN 56524 Crane Lake Assoc., % Dale W Nelson, 293 Waite Ave S, St. Cloud, Mn 56301 Clitherall Lake Assoc., PO box 101, Clitherall, MN 56524 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, 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, Richviile, MN 56576-9672 Rod Boyer, 51127 E Wymer Lake Rd, Frazee, Mn 56544 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: April 20th, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud PATRICK F & FRANCES L DIDIER 4693 PINTAIL CT MARION lA 52302 6276 GERALD W & CLAUDETTE BOSEN 2027 161 STAVE NW ANDOVER MN 55304 2535 DONNA ERICKSON 23288 LAKE JENNIE RD NW EVANSVILLE MN 56326 8138 VERONICA R HECHT 39492 CRANE LAKE DR BATTLE LAKE MN 56515 9256 JAY & NANCY JOHNSON 39380 CLITHERALL LAKE RD S BATTLE LAKE MN 56515 9253 HELEN M FRANKLIN 320 VASA AVE E FERGUS FALLS MN 56537 2919 MELVIN D & LUCIA K NELSON 4423 OAKCREEK DR S FARGO ND 58104 6619 WILLIS L NORDLUND 51 MAIN ST E PARKERS PRAIRIE MN 56361 4104 JOHN B & TIMOTHY B LARSON 18505 QUARTZ RD CLITHERALL MN 56524 9587 JOHN W OLSON 17431 SILVER RIDGE RD FERGUS FALLS MN 56537 7610 BONNIE J OLSON 39987 180TH ST CLITHERALL MN 56524 9768 OLSON PROPERTIES 405 LINCOLN AVE W FERGUS FALLS MN 56537 2007 EUDORA M ROUNDS 39518 CRANE LAKE DR BATTLE LAKE MN 56515 9256 MARY H ROCKSWOLD 1450 ALPINE PASS MINNEAPOLIS MN 55416 3561 TERRANCE L PAULS ET AL 38561 672ND AVE WATKINS MN 55389 5905 TO THE PUBLICROMAN B & TIMOTHY D SUCHY 17730 COUNTY HIGHWAY 59 VININGMN 56588 9544 STATE OF MINNESOTA ATTN TAX SPECIALIST i'. PO BOX 45 SAINT PAUL MN 55155 4045