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Home My WebLink About10000990381000_Variances_05-06-2004Variances 2 Barcode 128 *S>' ^ ' OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thaU this instrument j? Jooo/o 953675 was fiied/recorded in this office for record on the-ML_day of ^-------2004at.ii^:i^pm Wendj^ Metc^, Cfounto Record^ V r>ap.||y^0 O(i_recordingfee ^ -weii certificate ^'A 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 4J 1^.00 Receipt Number 1 , Accepted By / Date Ut_$cg> ^_______ DAYTIME PHONE _ g /D /^J{/ S^^yf LAKE NAME a // ____ SECTION TOWNSHIP J3^ RANGED?TOWNSHIP WNlKE^.///^Pl»i3( fl E-911 / ^ ADDRESS /°// TVI e€4.a. a Application Fee COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER MAILING ADDRESS -ZS.LAKE NUMBER LAKE CLASS 7^ cfat >)><’PARCEL NUMBER y LEGAL DESCRIPTION rujp 4ct I<5. uy S TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED "^ae64-iir><^ ^ {JdJrw^nae^ -Rnom i-Ke ve.^uir"ed lo‘ Lc-i-um seibajik' o. 3'5ca5on porch addiJiior^ On Sooih €>ide 09- cahl n. 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 & 4^£SpURCE MANAGEMENT REj^RDING THIS MATTER. OF PROPERTY OWNER lATE ICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ^75 377 '^")^<d-CL^ /k^ ^ 7 3^/At'/) /iA 3^^C^VM, h ■>? Cc-r-//(/^ /t>^ du^ ^r5 Date Of Hearing Time / Motion Byron E Johnson - Denied. (6:30 p.m.) After discussion and consideration, Cecil Femling made a motion, second by Robert Schwartz to approve a variance of 2’ from the required side lot line setback of 10’ for a 6’ by 20’ three-season porch on the soUtfi side of the existing cabin 8’ from the south side lot line. This motion failed with Paul Larson, Randall Mann and Steve Schierer voting no. Those voting against the motion noted the following: 1.) there was no adequate hardship unique to the property that would allow for the granting of the variance, 2.) the only hardship is a self created hardship which is the result of the original structure placemgjTt, and 3.) the applicant does have and can continue to have a reasonable use of this property Vitho>^the'gri>n^g of a variance because.-tbe-apptl^nt does have adequate room for the proposed addition on the oth€!r..side of th^^isting structure. / / ^irmari/Otter Tall^^unty Board of Adjustrr^ent V. \ \ ;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 bk 0903-001 315,694 • Victor Lundeen Co,. Printers • Fergus Falls. Minnesota \\1z.0 Date:SignatureScale : i :; : I / ^ ■/J /eZ Ar<e^ SA^j9^/ri '■ ilo03 Sa<»ot>^I i JlhfBHUfotfS AffEA ! - J§€A p- ' '*•' iiwp ka .rfeaBSia ; ■ 1 ,i-. ‘ ! t 4 ; f ( ~M&\ \I i ;t4\GHi* \ \S rI I,’ t :i ; BK —0403 313.987 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870 I I - V ■■ ■■ fr-;- MINUTES OF THE MEETING OFTHE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 6, 2004 The Otter Tail County Board of Adjustment met Thursday, May 6, 2004, with the following persons in attendance:• -i Cecil Femling Randall Mann Robert Schwartz Michael C. Conlon Paul Larson Steve Schierer Eric Babolian, Land and Resource Management Cherie Clark, County Attorney Called to Order - Randall Mann, Chair, called the meeting of the Board of Adjustrhent to order at 6:30 p.m. Minutes Approved • The membership of the Board of Adjustment approved the minutes of the April 8, 2004 meeting^as mailed. The/^ard of Adjustment considered the following applications for variance: Gyron E Johnson - Denied. (6:30 p.m.) Byron E Johnson, Lot 18 Crystal Beach in Clitherall Township by Clitherall Lake, requested a variance of 4' from the required 10' side lot line.setback for a three-season porch addition on the south side of the existing cabin 6’ from the south side lot line. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, Cecil Femling made a motion, second by Robert Schwartz to approve a variance of 2’ from the required side lot line setback of 10’ for a 6’ by 20' three-season porch on the south side of the existing cabin 8’ frorn the south side jlot line; This motion failed with Paul Larson;,Randall Mann and Steve Schierer voting no. Those voting, against the motion noted the following: 1.) there was no adequate hardship unique to the property that would allow for the granting of the variance, 2.) the only hardship is a self created hardship-which is the result of the original structure placement, and, 3;) the applicant does have and can continue to have a reasonable use of this property without the granting of a variance because the applicant does have adequate room for the proposed addition on the other side of the existing structure. Thomas and Polly Musacchia - Approved second part of the variance request (6:47 p.m.) Thomas and Polly Musacchia, part of Government Lot 2, Section 27 of Dunn Township by Franklin Lake, requested a variance to place a septic holding tank either 75’ from the ordinary high water level and 40’ from the wetland or 95’ from the ordinary high water level and 10’ from the wetland- Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the variances necessary for the placement of septic holding tank 95’ from the ordinary high water level and 10’ from the wetland. The Board noted the previously granted variance for a new dwelling and the fact that there is no other location, on the applicant’s property, for the placement of the septic holding tank that will meet all of the setback requirements of the ordinance. V-. !• Re: Variance Request May 12'^ 2003 To Whom It May Concern: As owners of Lots 19(Michelle) and 20(Scott) of Crystal Beach on Clitherall Lake, Minnesota we authorize the request to build within the 10 feet ordinance restriction. We have no objection to build no closer than eight feet of his structure on one end and six feet on the other from the property line. Sincerely, Michelle M. Enter Scott R. Enter ;ii ACKNOWLEDGEMENT I UNDERSTAND THAT. THE ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLi^^ING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, iMAY NOT ' BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER A .RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL iCOUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60. AS DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.I UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT THEREFORE, I HEREBY AGREE TO WAIVE THE 60' DAY TIME LIMIT IN ORDER TO ALLOW- TIME FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO DENY THE APPLICATION. ■; TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY - -''APPLICATION.; I dAted I CANT THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1®'^ & MCH 1®^ L ■' FORMLTRS/6ODAYACK :• Notice of Hearing for Variance Otter Taii County Governttient Services Center 510FirAveW Fergus Fails, MN 56537 (218)998-8030/998-8041 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; Byron E Johnson 5120 St Albans Bay Rd Excelsior, MN 55331 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 6, 2004, 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 pn 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 Lot 18 Crystal Beach in Clitherall Property Address18697 Quartz Rd Section 24^ Township 132, Range 40 - Township Name - Clitherall Lake NO. 56-238, Lake Name- Clitherall, Class - RD The variance requested is - a variance of 4’ from the required 10’ side lot line setback for a three-season porch addition on the south side of the existing cabin 6’ from the south side lot line. Wayne Stsin Board of Adjustment Secretary Date: April 16, 2004 oi OTTER TAIL COUNTY Fergus Fajis, 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 19thi, day of April, 2004f he,attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Byron E. Johnson, 5120 St Albaus Bay Rd; Excelsior, MN 55331 J. Bruce Larson; Twp Clerk of Clitherall, 18505 Quartz Rd, Battle Lake^MN 56515 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 Otter Tail County Cola, % John Mattespn, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, 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 Couhty Highway^^OS, Hehning, MN 56551-9573 Richard S. Schierer, 3310 Rollins Beach Tfls, Fergus Falls, MN 56537 Cecil B. Femiing, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Cpnion, PO Box 236, New York Mills, MN 56567-0236 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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 19th, 2004 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud y \ ' JACQUELINE CHRISTENSEN PO BOX 633 BATTLE LAKE, MN 56515-0633 RONALD J ?< DIANA L WILLIAMS 8211 109TH ST W BLOOMINGTON, MN 5543S-2297SANDRA J DANIELSON 19570 PANAMA AVE PRIOR LAKE, MN 55372-7817 WILLIAM 0 h. SHIRLEY MARU3KA 15812 DAY PL MINNETONKA, MN 55345-1907EUGENE D SMITH 19570 PANAMA DR PRIOR LAKE, MN 55372-8356 EDWARD PODKOPACZ 340 97TH LANE NW COON RAPIDS, MN 55433-5609DARRELL ?y. MARGARET NULPH PQ BOX 56 CAMPBELL, MN 56522-0056 BYRON ?< MARY LOU JOHNSON 5120 SAINT ALBANS DAY RD APT F23FALK SPECIAL TST ET AL EXCELSIOR, MN 55331-3633 716 3RD AVE NE .ROSEAU, MN 56751-1833 MICHELLE M ENTER SCOTT R ENTER 17016 ROGERS RD EDEN PRAIRIE, MN 55347-3383 I I i I! / /!