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Home My WebLink About10000990357000_Variances_07-03-2002Variances Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 307*085) was fiied/recorded in this office for record on the }0 day of ^002at21 907089 -A XWend'. Metcalf, Couny Reooiuei >fV] __PflaHh# {^^recording d well certificate by: oja. nC> THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us /50~Application Fee /55.3/SCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number, Accepted By / Date. MPp'/^^\^T (^7 ArL. lb4>o__Oak ^4_________ fepj rytoiof ____DAYTIME PHONE 2lgy/ r. lU M _____LAKE CLASS K|-£ CJiihs.raJl_______ $/ibbPROPERTY OWNER MAILING ADDRESS LAKE NUMBER LAKE NAME SECTION Z(n TOWNSHIP RANGE 4^ TOWNSHIP NAME PARCEL NUMBER lOOOnq^ 0?&7 0nn E-911 .ADDRESS c,r? iv\e> /ic ^lnr>V& LEGAL DESCRIPTION S-f^vuarts Oo.\l 4^/bor$ Loj~ h ( TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Misc.Cluster SPECIFY VARIANCE REQUESTED ay^ej^jA^uiAX ^ C6^hrLuA~ o< screen porcb (inclose ex^'h'*^ deciT) 76 ^ "JL- A^l ejonsiyochon behiVc^. ike, (S) 4o OJVvsWct oyoprcJv/rAAfely 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. -T^Jd-L y SIGNATURE C L " ^ o ^ OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 3 9. oy firr\Date Of Hearing Time Motion Mary Beth Brandt - Approved as modified. (9:07 p.m.) Motion was made by Robert Schwartz, second by Paul Larson and unanimously carried, to approve a variance of 124’ from the required ordinary high water level setback of 200’ for the construction of a 10.5’ by 24’ screen porch (enclose existing deck) 76’ from the ordinary high water level and a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of a 8’ by 10’ storage building 100’ from the ordinary high water level as depicted on the applicant’s revised drawing. Hardship is a substandard lot of record. It was noted that the variance as approved would provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. Chairman/Otter Tail County Board of Adjustment Permit^ required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR L R Official/Date BK-0402-001 309,424 ~ Victor Lundeen Company, Fergus Falls, Minnesota Application for Variance Lot 6, Stewarts Oak Harbor 16420 Stewart Oak Rd. Clitherall MN 56524 Description of Property The lot measures 65’ wide at the shore, 150’ deep, and 94’ wide at the back. The cabin is 20’ wide and 30’ long, with a deck measuring 10’5” deep by 24’ long at the front, and a 3’ walkway down the north side. The cabin is situated 76’ from the OHWL, 45’ from the back (west) lot line, 22’8” from the north lot line, 36’from the south lot line. The septic is 23” south west of the southwest corner of the cabin. Neighbors The cabin on Lot 5 (north) is 26’3” from our lot line; the cabin on Lot 7 (south) is 27’6” from our lot line. These cabins are situated in the positions indicated on the graph, approximately. Proposed Additions Screen in the front deck, 10’5” by 24’ Add an 8’ by 10’ storage shed at the back of our lot 1. 2. RATIONALE We bought this property in 1990. Since that time we have put a good deal of time and effort into maintaining and improving it. For example, we have replaced all the windows and a rotting section of the front wall, replaced the antique shower, the stove, added ceiling fans, painted, planted trees and so on. Now that we are older (65 and 69 years) and in deteriorating health, we are looking for ways to make our lives a little easier and more pleasant. Screened-in deck1. The front of the cabin is in the sun most of the day and gets very hot during the summer. The vaulted ceiling in the front room eliminates the possibility of insulation - and the room is stifling by early afternoon. The roof of the screened-in deck would absorb a great deal of the heat. Screening would also make it possible for us to use our deck in the evenings when the mosquitoes are out. 2. Storage Shed We have a garden tractor which we pay to have stored every winter. Our yard tools and other odds and ends are presently stored in the crawl space under the cabin. But it is becoming more and more difficult for us to get in and out of that space. A small storage shed would allow us easy access to the tools and equipment most frequently used, and would save us the expense of storing our mower. Every other property in Stewarts Oak Harbor has either a garage or a storage shed. (Some were built before the water level of the lake ate away the shoreline.) We feel we should be afforded the same privilege as our neighbors. Records in your office under the previous owner’s name indicate that the setback from the OHWL was in excess of 100 feet. Had we made these improvements when we first bought the property, we wouldn’t have to ask for these variances. As the lake slowly eats away our shoreline, it becomes harder and harder to meet the requirements for a permit. Property owners who have large lots have only to ask for a permit. Those of us in Stewarts Oak Harbor have to go to the expense and through the long process of securing a variance just to improve our property and our quality of life. Respectfully submitted by: Mary Beth Brandt M. Kaye Parnell CToJcj 2.002. ^exKsJt(Lw /^4-----"\<- t7.3 t brain-fteid «3k/45 S£Pr/c 2-^,^B7Jo' t CA&1(^io'-> S iSo'^5 — Kl•27 fe"- c /si7bBCK. lo'S X 24-' ROoF eofrif-loo' from Ort WL Lot 6L-otr 7b' hS'4 V DHWL BfcLMoMr LaVc& e i I /Ueist, or .inch(es) equals- Scale:_1 .grid(s) equals feet!I 'I • ; r Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water j ; frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper- ^ 1 vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) : rl (( , Total Lot Area (FT2) lOI'O • o g X 100 =% i-i :i 'Total Impervious Surface Onsite (FT2) - |-7 7' : ■ ;I r ■1 I ;11 -'Ll ^ J 1 !■ -1i■i 1i II J i:jT4 p! '’ll M ' ' ^ i t "■'I4 L -1 [1 11-i-i■'i'i . II - 1‘i ' ‘i !.!.:J-I■t- 11^ 1 .. Jh-! .,1 1-i 1 t- [ ‘9! ;; 'II. , ■! r i-!v:!I ’a vD JLI\i Q i oII:oil"to:>dUir-A!^vfl^ N <S Jf 1 V ^ V-' "iS■*(«, I*Ot/Jo? .s j : 4sCiCv'UJ 9v> 9 Q$yiL r :T , i ; i •rT !i i ;!:0 ' f OD•1-3i1 •r U-I- iI i ,-I -;E!fi • r ^ : '1 ■T-i-' r-r r I; i-i' -J••••(1 Ii-^l~"! ' I !1 i :i!I; -;f 1 ■ ■ '’...j. .j. ; [••■ j • pi 'I - i r 'i ':'"r-----" • ; • } • I ; "I ;• i-- r-{ i-\■'ll- :r J i ! i 1 : I ]M !4.ITT - -I !. t i li i :]■-I1i-■: J -M' : ::;:! -I i-i- •;'--! ••t i M :-i Hi i r ■ ' \ r It'T'■ IMiif ; J,i itI -- t I [ ' ■I..4-..-h'T .t-i1 ■ •- i'!jr^—.4.iii: 1*1- I 'ii i i-cA I I-1i ;’ t i riiTTl-iT 1 M M I^K:-t 0500 — 0^9 til ■| I 304.678 • Victor Co.. : Wmer» i F^r^* h N • July 3, 2002 Page # 5 Beth Brandt-Approved as modified. (9:07 p.m.) Mary Beth Brandt Et Al, Clitherall, MN, requested a variance of 124’ from the required ordinary high water level setback of 200’ for the construction of a 10’ 5” by 24’ screen porch (enclose existing deck) 76’ from the ordinary high water level: a variance of 75’ from the required ordinary high water level setback of 200’ and a variance of 5’ from the required road right-of-way setback of 20’ for the construction of an 8’ by 10’ storage shed 125’ from the ordinary high water level and 15’ from the road right-of-way. The property is described as Lot 6, Stewarts Oak Harbor, Belmont Lake in Clitherall Township. M Kaye Parnell appeared along with the applicant at the public hearing. The applicant submitted a revised plan, which eliminates the need for a variance from the road right-of-way. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Robert Schwartz, second by Paul Larson and unanimously carried, to approve a variance of 124’ from the required ordinary high water level setback of 200’ for the construction of a 10.5’ by 24’ screen porch (enclose existing deck) 76’ from the ordinary high water level and a variance of 100’ from the required ordinary high water level setback of 200’ for the placement of a 8’ by 10’ storage building 100’ from the ordinary high water level as depicted on the applicant’s revised drawing. Hardship is a substandard lot of record. It was noted that the variance as approved would provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. Bruce Vistad - Approved as requested. (9:13 p.m.) Bruce Vistad, Fergus Falls, MN, requested a variance of 1 to 1.5’ from the required 10’ setback for the location of a septic tank 8.5 to 9’ from the garage foundation. The property is described as Lot 14, Nelson’s Oakwood Park Beach, Jewett Lake in Elizabeth Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried to approve a variance of 1 to 1.5’ from the required 10’ setback for the location of a septic tank 8.5 to 9' from the garage foundation. It was noted that there is adequate area to maintain and service the tank. Hardship is a substandard lot of record. Sharon Vaughn - Approved with condition. (9:23 p.m.) Sharon Vaughn, Fergus Falls, MN, requested a variance to replace existing structure, screen porch, shed, cement slabs and walkways with a new structure and a garage. It should be noted that the proposed new structure would be placed on the existing slab and that the existing sewer lift would be moved to comply with the ordinance. Presently 26.7% of the applicant’s total lot area is covered with impervious surfaces. After completion of the proposed project 27.3% of the total lot area will be covered with impervious surfaces, therefore, a variance of 2.3% from the maximum allowable impervious surface coverage of 25% is required. The property is described as Lot 10, Cedar Park Club, 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 Cecil Femling, second by Robert Schwartz and carried with Steve Schierer abstaining to approve the placement of a new structure within the footprint as identified on the applicant’s drawing with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. Kenneth Hanson - Approved as requested. (9:35 p.m.) Kenneth Hanson, Moorhead, MN, requested the following: ’’Infringement 5’ into road right of way due to substandard lot, current drain field is inadequate. The original drain field was not up to code and should not have been certified. Previous application records were inaccurate.” The property is described as Lot 5, Engstrom Beach Second Addition, West McDonald Lake in Edna Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve the variance as requested noting the letter of support from the township and noting that the granting of the variance as requested will not establish a precedence. Hardship is a substandard lot of record. Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern; Mary Beth Brandt Et Al 16420 Stewart Oak Rd Clitherall, MN 56524 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Wednesday, July 3, 2002, at 8:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lot 6, Stewarts Oak Harbor, E911 Address -16420 Stewart Oak Rd Section 36, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-237, Lake Name - Belmont, Class - NE The variance requested is: a variance of 124’ from the required ordinary high water level setback of 200’ for the construction of a 10’ 5” by 24’ screen porch (enclose existing deck) 76’ from the ordinary high water level; a variance of 75’ from the required ordinary high water level setback of 200’ and a variance of 5’ from the required road right-of-way setback of 20’ for the construction of an 8’ by 10’ storage shed 125’ from the ordinary high water level and 15’ from the road right-of-way. Wayne'StBu^' Board of Adjustment Secretary Date: June 14, 2002 sen 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 17th, day of June, 2002 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mary Beth Brandt, et al, 16420 Stewart Oak Rd., Clitherall, MN 56524 Aryin Hustad, Twp Clerk of Clitherall, 17315 State Highway 78, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 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: June 17th, 2002 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud JODI L PETERSOH ET AL 1 DALE E A AUDREV I HARCUS' ^X 16446 6TEi«fART OAR ku CLITHERALL, MR 66624-9673 DOROTHY Y MAYMARD ET AL ATTM RUTH S BERGSTEH 36494 EAGLE LAKE RD H BATTLE LAKE, HN 56616-966:^ GEORGE G HATHIESEU 401 OLAF ST S BATTLE LAKE, MR 66515-4226 LEROY I HOLING HARY BETH BRANDT bT AL2. 25599 230TH AVE FERGUS FALLS, MM 56537-6006 6011 DUTCH HALL RD OMAHA, ME 66122-1962 DAVID R & TERESA AMM ANDERSON JEAN GEARHART'>w 7255 POLARIS LM MAPLE GROVE, MM 55311-2651 16406 STEWART OAK RD CLITKERALL, MM 56524-9579•s.. JODI L PETERSOH ET AL M GEARHART :■ 1640>-<rrfeW;ART OAK RD CJ,<rfHERALL,56524-9579 JODI L A KURT PETERSON MILES A ANN LEIGH 16352 STEWART OAK RD CLITHERALL, MM 56524-9579 511 9TH AVE SIBLEY, lA 51249-1411; -!■■W . sKURT L JODI PETERSOH ROGER A.A LINDA M ANHORN'V,. 16352 STEWART OAK RD CLITHERALL, MN 56524-9579 16376 STEWART OAK RD CLITHERALL, MN 5t>524-95/9 J CLEMENT P WOITAS ^ KURT PETERSOH ^ ■ i ' ' .' : ; 16352 STEWART OAK RD CLITHERALL, MN 56524-9579 36100 ANTLER LM BATTLE LAKE, MN 56515-9270 ni !JODI L PETERSOH ET AL KURT 'PETERSON 16352 S><WaRT oak RD CLITHiiRALLr 36524-9579 (T ■ ■EDit's