HomeMy WebLinkAbout10000990276000_Variances_06-06-1991Variances
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APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA
V
Receipt No.
Application Fee $
507-532-3014RichardDaleOwner: SPARLING >Phone:
Last Name First Middle
56258Marshall,Minnesota616 Kathryn,
Street & No.City State Zip No.
Clitherall RD56-238Lake No.Lake Name Lake Class
/j oy Clitherall132NSec. 11 Twp.Twp. NameRange
Legal Description: That part of lots 12 & 13 of LINDEN GROVE
beginning at the NE corner of said lot 13; thence S80°30'00"w'^
for 100 feet; thence due south 245 feet more or less to shoreline of Clitherall Lake;
thence easterly along shoreline 100 feet more or less to the East line; thence, due North
247 feet more or less to the point of beginning. (See also attachments) * ' ‘,
Y p.r.
■ 'Parcel Number A
Explain your request: My wife and I plan to construct a sizeable two-bedroom house with attached
garage as indicated on the enclosed scale drawing. I will be doing much of the rough
construction myself, with the help of friends, over the next few years. Since we live
a considerable distance away, we wish to be able to live in a small trailer until the
house becomes completed to the point where we can move in. It is our understanding
that this has been a common practice in Otter Tail County. We would like to move our
trailer onto the lot on or after June 15, depending on when the well and septic system
can be completed. We could then begin by constructing the garage, in order to have it
for storage of building materials, tools, and the trailer. The trailer would be posi
tioned approximately as shown on the scale drawing while in use. At other times it would
be kept in the north end of the garage.
The lot has been staked to show the positions of the proposed structures and the
trailer.
We wish to be included on the agenda for the June 6 hearing.
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICIANT 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 understand I must contact my township in order to determine whether or not any additional variances and/or permits are required
by the township for my proposed project.
.3.9 '\signatureApplication dated.19.7 pplicant
— DO NOT USE SPACE BELOW—
f/Date of hearing Time M.It
Court House, Fergus Falls, MN. M537
DEVIATION APPROVED this_____
(OR A TTACHED) REOUIREMENTS:
day oL 19____WITH THE FOLLOWING
Withdrawn June 6, 1991
Signature:
Chairman
Otter Tail Board of AdjustmentMKL 0483 -001
231,616 — Victor Lundean Co.. Printors, Fargus Falls. Minrtasota
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Page 3.
william ana Dernadine Lemke - Approved
William and Bernadlne Lemke, Fergus Falls, MN, requested permission to split a parcel
previously combined, back Into the two parcels as they were originally deeded. Each parcel will
be less than 2.5 acres. Property Is described as a tract called 3 and 4 Boeks Beach and a tract
120' wide SE to Highway and part of Government Lot 11, Section 10 of Friberg Township on
Hellberger Lake. The audience was polled with no one speaking for or against this request.
After consideration, motion was made by Victor Petterson, seconded by Dan Oehler and
unanimously carried, to approve splitting the parcel back Into the two parcels as they were
originally deeded, with the provision that a surveyor's drawing be submIUaJ. These two parcels
will be larger than other parcels in the adjacent area. Both parcels will have adequate building
space.
Keith Kugler - Approved
Keith Kugler, Fergus Falls, MN, requested permission to construct a 10' by 9' entry onto an
existing cabin 5' from the side lot line. RK|u1red setback Is 10'. Property Is described as Lot
10, Burau Beach Add'n, Wall Lake In Dane Prairie Township. The audience was polled with no
one speaking for or against this request. After consideration, motion was made by Craig
Anderson, seconded by Dan Oehler and unanimously carried, to approve a 5' variance from the
required 1 O' setback from the side lot line. Hardship being a substandard lot of record and the
present dwelling Is already closer to the side lot line. The applicant presented an approved
special use permit from the township.
Richard Sparling - Withdrawn
Dale Richard Sparling. Marshall, MN, requested permission to allow a trailer to remain on the
lot In addition to the newly constructed home. Requesting a variance that would allow two
dwellings on one lot. The property Is described as part of Lots 12 and 13, Linden Grove,
cntherall Lake in Clltherall Township. The audience was polled with no one speaking for or
against this reqt/est, A letter from theClltherall Lake Association was read for the record.
After discussion and consideration the applicant decided to withdraw his request.
James E. Roe - Denied
James E. Roe, Kindred, ND, requested a variance that would allow a building to be closer to the
road right-of-way than the required 20' setback. The property is ctescriboJ as Lot 10,
Oakhaven 3rdA(W1t1on, Tamarack Lake In Scambler Township. Appearing along with the
applicant was James Anderson, Clerk of Scambler Township. He presented a letter signed by
four members of the town board Indicating that the township had no objections to Mr. Roe's
variance request. The audience was polled with no one speaking for or against this request.
After consideration, motion was made by Dan Oehler, seconded by Craig Anderson and carried
with Victor Petterson and Cecil Femling voting no, to deny the variance request as no hardship
had been shown. The board set the date of September 1 st, 1991 for Mr. Roe to have the garage
relocated.
CLITHERALL LAKE ASSOCIATION, INC.
Box 54, Battle Lake, MN 56515
May 28, 1991
To: Otter Tail County Board of Adjustment
From: Richard Dale, President, Clitherall Lake Association
SUBJECT: VARIANCE REQUEST BY DALE RICHARD SPARLING
This Request for Variance was considered carefully at our
last Board of Directors meeting, Saturday, May 25, 1991.
Motion was made, seconded, discussed thoroughly and passed to
oppose this variance request.
The position of the 12 members of the board was 100% in
agreement that 1) there were, and there remain, highly valid
and purposeful reasons that there should not be 2 dwellings
on 1 lot. This is a clear effort to evade an appropriate
Ordinance which states there cannot be 2 dwellings on 1 lot.
This is what the Ordinance dictates, it should be obeyed;
2) the 12 members could not see any hardship involved,
and 3) the issue of greatest concern to each Director is that
an approval establishs an undesirable precedent. Should the
Board of Adjustment approve establishment of such a precedent
it could, it is believed by the Directors, be injurious to
the long range living environment of Clitherall Lake. The
subsequent effects of such a precedent are not deserved by
the vast majority of property owners who respect and obey the
rules of conduct that have been laid down by our
representatives.
The Clitherall Lake Association, Inc. has a membership of 200
property owners, out of approximately 260 total pieces of
property on the lake. This is a good indication of a very
active and interested community for the well-being of
Clitherall Lake. Approval of this variance request would not
be consistant with the concerns of this community.
Again, to restate: The Clitherall Lake Association, Inc.
opposes this Request for Variance.
Thank you.
Richard Dale
President
RD/wt
File
:2varadj u.1tr
S.3r30-00-^-
14139^Prepared By:?Y LEE ANDERSON LAND SURVEYORe4.7f 923 South Oak Street
Fergus Falls, Minnesota 56537
Phone: 218-739-4920I'i ^sSbS’s^"'I'.!S ' !«
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JX
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SCALE: 1 INCH =50 FEET
• Denotes Found Iron Monument
O Denotes Iron Monument Placed
Bearings shown are on an Assumed Data Basis
Shoreline
V* ^LAKE
of5
«»»LEGAL DESCRIPTIONS ?~5 to /:V
►
Parcel A
That part of Lots 12 and 13 of LINDEK GROVE, on file and of rt :ord in the office of the County Recorder in and for Otter Tail
County, “ir.r.'oot? '“ur.cr.bed or follows:
Beginning at the Northeast corner of said Lot 13: thence Sout 81°30'00" West (Assumed Bearing) along the North line of said
Lots 13 and 12 a distance of 100.00 feet; thence on a bearini' of South a distance of 245 feet more or less to the shoreline
of Clitherall Lake: thence easterly along said shoreline a c.stance of 100 feet more or less to the East Line of said Lot
13: thence on a bearing of North along said East Line a distance of 247 feet mnore or less to the point of beginning.
Containing 24,300 Square Feet More or Less.
Subject to a 66.00 foot Easement for Public Road purposes.
Also subject to any other Easements or Restrictions of record.
Parcel B
That part of Lots 11 and 12 of LINDEN GROVE, on file and of record in the office of the County Recorder in and for Otter Tail
County, Minnesota, together with part of Government Lot 1 of Se:tion 11, Township 132 North, Range 40 West, Otter Tail County,
Minnesota all of which is described as follows:
Commencing at the Northeast corner of Lot 13 of said LINDEN GROVE: thence South 81°3C'00" Wert (Assumed Bearing) along the
North li.ie of said Lots 13 and 12 a distance of 100.00 feet ti the point of beginning: thence continuing South 81°30'00" West
along th- North Line of said Lots 12 and 11 and the westerly extension of said Lot 11 a distance of 141.39 feet; thence on
a bearing of South a distance of 249 feet More or Less to the shoreline of Clitherall Lake; thence easterly along said shoreline
a distance of 142 feet more or less to its intersection with a line that bears South from the point of beginning; thence on
a bearing of North a distance of 245 feet More or Less to the po.'nt of beginning.
Containing 34,450 Square Feet More or Less.
Subject to a 66.00 foot Easement for Public Road purposes.
'■ Also subject to any other Easements or Restrictions of record.
i
III
ii
I hereoy certify that this Survey, Plan or Report was prepared by me or under
my direct supervision and that I am a duly Registered Land Surveyor under
the laws of the State of Minnesota.
Terry:^ee Anderson (Minnesota Registration Number 14676)
Dated: March 27, 1989
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616 Kathryn
Marshall, MN 56258
(507) 532-3014 g
May 23, 1991 Olt®r Tall Co. Auditor
MAY 2 4 1991Mr. Wayne Stein
County Auditor
Fergus Falls, Minnesota 56537
Dear Mr. Stein:
I am writing in regard to the Notice of Hearing for Variance that you sent
me, dated May 20. The variance request is indicated to involve "permission to
allow the trailer on the lot, in addition to the newly constructed home." There
apparently has been some misunderstanding. There is no home there at present,
and our request involves permission to live in the trailer until a house is built
to the point where we can move in. I've enclosed a copy of the request as
submitted to Bill Kalar.
Regarding the paper sign you sent me for posting my name, I already placed
a large sign on the lot early this month, as directed by the Shoreline Managannent
Ordinance, section VI, 5, h.
My wife and I will be at the hearing at 8:00 P.M., June 6th, as indicated
in the notice.
Sincerely,
Dale Sparling
Notice of Hearing for Variance
Otter Tail County Fergus Falls, Minnesota 56537
Applicant must be present at scheduled hearing.
To Whom It May Concern:
Dale Richard Sparling
616 Kathryn
Marshall, MN 56258
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 or the
Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
June 6th 1991_, at 8:00 p.m.,
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN.
(Please use the west Law Enforcement entrance.)
The property concerned in the application is legally described as
That part of lots 12 & 13 of Linden'Grove,
said lot 13; thence S80° 30
more or less to shoreline of Clitherall Lake; thence easterly along suoreii
shoreline 100 feet more or less to the East line; thence due North 247 feet
more or less to the point of bebinning.Lake No. 5 6-2 3 8Scc. 11 1’wp.l3 2NRangc JLQV/rwp. Name
Clitherall
beginning at the NE corner of
00" W for 100 feet; thence due south 245 feet
C1ithera11
Lake Name Class RD
'Fhe variance requested Is:
Request permission to allow the trailer on the lot, in addition to the
newly constructed home.
Two dwelling on one lot.
A J/YIH
Adjuslment Secretary
May 20, 1991Date Board o
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA)
SS
COUNTY OF OTTER TAIL)
I Wayne Stein, secretary for the Board of Adjusttnent for Otter T^il County,
Minnesota do hereby certify that on the 20th day of May
attached Notice of Hearing was duly served upon the following:
Dale
Aryln Hustad, Twp- Clerk of Clitherall, Rt,
Richard Dale, Lake Assoc.
Charles G. & Phyllis S. Tysver, Rt.
Herbert E. & Lorraine L. Miller,
the, 1991
^chard sparling, 616 Kathryn, Marshall, MN. 56258
1 Box 186, Battle Lake, Mn 5651
of Clitherall, Rt. 1 Box 119F, Battle Lake, MN
1 Box 206, Battle Lake, Mn. 56515
Rt. 1 Box 207, Battle Lake, MN. 56515
Richart West, County Engineer, Court House, Fergus Falls, Mn. 56537
Mr. Terry Lejcher, DNR, 1221h E. Fir Ave, Fergus Falls, Mn. 56537
Department of Natural Resources, Regional Administrator, 2115 Bjrchmonl Beach Rd NE
Bemidji, Mn. 56601
Town Boatrd Chairman of CLerk
Doug Johnson, Health Department, Court House, Fergus Falls, Mn. 56537
130ARD OF ADJUSTMENT:
Craig Anderson, RR, Ottertall, Mn. 56571
Jolin Everts, Route 2, Battle L,ake, Mn. 56515
Geoi ge Wa Her, Rout e 1 Box 314, Perham, Mn. 56573
Victor Petterson Jr, Route 2, Fergus Falls, Mn. 56537
Cecil B. Femling, 13 6th St. Ne, Pelican Rapids, MN. 56572
Dan Oehler, 516 W. Cherry, Fergus Falls, Mn. 56537
by placing a true and correct copy therof In a sealed enveloise, ix3stage prepaid, and
depositing the same in the U. S. Mali at Fergus Falls, Mn., properly addressed to each
of ilie above named at the addresses shown above.
May 20, 1991Dated
Secretary
i
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Fails, Minnesota 56537
March 26, 1991
Dale Sparling
616 Kathryn
Marshall, MN 56258
RE: Property on Clitherall Lake (56-238).
Dear Mr. Sparling:
Enclosed please find a current copy of the Shoreland Management Ordinance of
Otter Tall County, Including several amendments which were passed last year
(April 1, 1996).
As you vlll see (Sec.VI.1.b of the Shoreland Management Ordinance), only one
dwelling unit per lot Is required. Your letter of March 22, 1991 indicates
that up to three dwelling units (house, garage with loft and recreational
camper) would be placed onsite.
Another problem is your proposed garage with a loft. As per Amendment #8, a
detached garage can be 18 feet high, however It can only be one story.
Since your proposed loft must be considered as a second story, It can not be
permitted by this office.
Your could, however, apply for a Variance from these standards (see Sec.VI.5
of the Shoreland Management Ordinance),
approve your request, we could then Issue a Site Permit for the actual
construction of your structure(s). Enclosed is a Variance Application for
your use.
Should the Board of Adjustment
If you have any questions regarding this matter, please contact our office.
Sincerely,
Bill Kalar
Acting Administrator
mgb
SHORELAND MANAGEMENT ORDINANCE - SUBDIVISION CONTROL ORDINANCE
RIGHT-OF-WAY SETBACK ORDINANCE - SEWAGE SYSTEM CLEANERS ORDINANCE
RECORDER, OTTER TAIL COUNTY PLANNING COMMISSION
616 Kathryn
Marshall, MN 56258
March 22, 1991
Department of Land and Resource Management
County of Otter Tail
Fergus Falls, MN 56537
%
To whomever it may concern:
I am writing in regard to my plans for development of a lot on the north
side of Clitherall Lake that my wife and I bought in 1989. I will explain the
steps we wish to take and the schedule we plan to follow, more or less. As of
now I plan to retire after four more years of teaching at Southwest State U. in
Marshall, but earlier retirement, which is a possiblility, could affect this
schedule to some extent.
We decided last year that we could not just have a house built and then
move onto the lot, so we decided to buy a small travel trailer to live in for
the time being. This requires that we install a well and septic system, and so
last summer we contracted a well driller and a contractor to put in the septic
system. It is our understanding that other residents are often not very happy
about seeing small trailers setting on a lot year round, and we did not wish to
leave one out in the weather all that time anyway, so we decided to build a
garage large enough for the trailer (a 19-foot model) and for future storage of
a boat, etc. Over the past winter I drew up plans for the garage, the house we
plan eventually to build, and the layout of everything on the lot. As a guide
for the positioning of everything I used a sheet given to me by a realtor listing
the regulations that were in effect as of two years ago. A copy of the planning
is included; please note that part of the public-road easement and the shoreline
are not shown, but distances to the shore are indicated. The lot in question
is designated as parcel A, consisting of part of lot 12 plus lot 13 of Linden
Grove, Sec. 11, T132N, R40W.
Our immediate plans for this summer involve the well, a septic system
adequate for all future needs, and construction of the garage. As I worked on
plans for the garage, we decided to include a loft (1) for sleeping, (2) as a
reasonable facsimile of a screened-in porch, and (3) to provide a rainy-day
playhouse for grandkids. The contractor for the septic system had mentioned that
bathrooms are allowed for garages, and we decided to run a sewer line in for that
purpose. A couple of weeks ago I wrote to this contractor to see if he could
do the job right after Memorial Day, and he called to tell me that he could and
that the layout for the septic system was fine. However, he mentioned during
the conversation that a new regulation had recently gone into effect regarding
the maximum height for garages. He did not know what this height was but
suggested that I contact you spelling out all details of our plans to make sure
that no problems exist, and that is why I am writing this rather lengthy
explanation. Enclosed is a copy of part of the plans for the garage, showing
the front view of the frame, including the height at the peak, which was about
as low as I could get it in the first place (I don’t care much for heights and
plan to work on the construction myself). The position of the garage will be
well back on the lot and will not block the view of anything more than a fence
and wooded area to the north of our lot.
Shortly after hearing from the septic-system contractor, I received a call
from the well driller. He also indicated that he was available right after
Memorial Day. Then he called to my attention another matter that had not been
included in the list of regulations that I had been given. This involves a
regulation that sewer lines must be 50 feet from the well unless pressure tested
by a licensed plumber, in which case 20 feet is enough. That in turn affects
my planning for the sewer line into the house we plan to build. I had hoped to
bring it in directly south of the dead end indicated on the plan. I assume that
it could be extended to the eventual position that it will reach in the house
and then pressure tested, provided that excavation for the house could be done
without disturbing the sewer line (the house plans call for a full basement).
In that case, the access for the trailer would be located at about the position
of the dead end as shown or possibly a little further north. The alternative
would be to move the sewer line westward and the well a little to the east, but
the pressure testing seems to me to be a good idea anyway.
The only other development we have planned for this summer would involve
clearing of small brush and poison ivy from the shoreline, putting in a gravel
drive, planting a few trees and shrubs, and running electrical and water lines
into the garage. As of now we plan to begin the construction of the house about
two years from this summer. Completion will probably drag on, with some projects
extending into ray retirement years. Therefore, the use of the trailer and the
extra space provided by the garage as planned will be important for us for at
least a few years beyond this summer.
I hope that your regulations will allow us to proceed more or less as
outlined above. If there are problems, please let me know soon, since I will
have to apply for a building permit and order building materials about the end
of May.
Sincerely,
Dale Sparling
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