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HomeMy WebLinkAbout10000990394000_Variances_04-13-2000Variances 2 Barcode 128 /5 O-o-cpC OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # _ filed/recorded in this office on the Id day of ^ ^______2000 at ‘7 'V5 Wendy UMetcalf, County Recorder 8G2iI35 8(;2235 was for reo \ r cby; 1^.recording fee^ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 ***COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee Receipt timber ^ ^ ^ ^A^ jrc?" y9V(f ni6aPROPERTY OWNER DAYTIME PHON ^k) If-'ADDRESS CLLAKE NUMBER LAKE NAME LAKE CLASS ^0^ TOWNSHIP NAME Pr.^h/^rrAi/r TOWNSHIP I ^^/y\ RANGE l(\ ~(hOCi '<^9 ~ SECTION 3 to ^Ksi'~h Si>^i-U.io /90tk PARCEL NUMBER FIRE / LAKE I.D. NUMBER Jlt£ yCe f ^ ^ ^/?8 /-<? /« > / /^f / I'i LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check)i Subdivision X ClusterStructure Setback Structure Size Sewage System Misc. SPECIFY VARIANCE REQUESTED U>\i> L^-.W ISC' 'TKe ^ -r V \o\ Sc2 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. DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DatefTime Of Hearing) doan-l-ru E'-=.-Vrdr April 13,2000 ' Page 10 s I" r2_3^1 3^3 B^^^lcLup Gi,4 )6^'OOI 3^11 W N ^4c%)40/}^0-000 HO^ Accepted By Land & Resource L & R Official/Date Time 3-3^/o?<30C>Date Of Hearing Motion Ken Braun and Richard Braun - Denied Motion was made by David Holmgren, second by Cecil Femling and carried with Steve Schierer abstaining, to deny the variance as requested noting that no adequate hardship had been shown that would allow the board to grant the variance as requested, a reasonable use can be obtained without the granting of a variance and the granting of the variance would not be consistent with past actions of the Board of Adjustment. Crairman/OtterTail County Board of Adjustment .r* Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant d.nd the MN DNR L R Official/Date bk 0198-001 291,306 • Victor Lundeen Co,, Primers • Fergus Falls, Minnesota I Jnch(es) equals feet.grid(s) equals feet, orScale: Dated Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing structures. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) Signature lOSoiH^ ic O Total Lot Area (FT2) ->.%X 100 -i-Total Impervious Surface Onsite (FT2)to. 2-%O.]02 7S(.lr'2>ccx'r [ 1 [ .--i1 • ^X -f-X TT ---;X t:- -1 u► -■i -4--H I tT TI -1.r -f X I T ------1.-L.4 +" rCtVK -41 jhXQtl\••I iV —f-' -.2=+Til ^ ■i?-SI 4-I24I1NJ)s'‘^_‘T /k:—I I-{W ;^8 8\r1 df> i. V-p\' ^t£C\o X<5 r 1li :;1 :4:■ i_J • f ~o ___-X-X O'1 5 “V ; j'i ^^ i.!tI 1• ^I T -T X-JX ' :i/^ ftr 337' f- :l::-±d J-tmiI TJ- u_i-. aI. .. 4 .^_.I 4-X♦ . _4t X 4-tT -4.i ^ . L2&6.179 • Victor Urn sen Co^ Printers • femus Falls. MN • 1-Q00346X870, .029 :! ■!-4- -T 1T X 1 j^prin3!'?PPHf Page 6 i Ken Braun and Richard Braun - Denied ^ I Ken Braun and Richard Braun, Annandale, MN, requested a variance to split three substandard I contiguous lots into two lots each having 150’ of lakeshore and each having less than the required I 40,000 square feet of area. One lot would have approximately 35,625 square feet of area and the other I lot would have approximately 36,750 square feet of area. The property is described as Lots 3, 4 and 5, I Country Estates, Clitherall Lake in Clitherall Township. A letter from Kurt and Jacki Maethner opposing I the applicants’ request was read for the record. They stated that the area is already very congested f and that requiring additional square footage and eliminating congestion is a very positive step. The audience was polled with Ronald Stabnow, Clitherall Lake Property Owners Association, Janet Reich, and Anthony Parlin speaking to the applicants’ request. Ronald Stabnow indicated that the property owners association has no objection to the applicants’ request. Janet Reich was wondering if a survey would be completed and how the property was going to be used. Anthony Parlin wanted to know what the purpose was for splitting the property and what type of structures are being proposed for these lots. Neither of these individuals were opposed to the applicants’ request. After consideration, motion was made by David Holmgren, second by Cecil Femling and carried with Steve Schierer abstaining, to deny the variance as requested noting that no adequate hardship had been shown that would allow the board to grant the variance as requested, a reasonable use can be obtained without the granting of a variance and the granting of the variance would not be consistent with past actions of the Board of Adjustment. Other Bustnes Dale Hanson - The Land and Resource Department wanted to clarify if the Board of Adjustment’s decision of March 30, 2000 would have been the same if they had known the applicant was proposing a second story addition. By general consent the Board of Adjustment indicated that if they had known that the applicant’s proposal was for a second story addition their decision would not have been the same. The general opinion was that a second story would restrict view from the neighboring properties. With no further business Chairman Mann declared the meeting adjourned at 9:45 p.m. Wayne Steip^ecretary 9^00 879707 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1 hereby certify that this instrument # H*7S 1 wasfor record on the | 9__day ofAn r; ) 2001 at. filed/recorded in this office q:/5 ,4n^m Wendy L Ji/letcalf, County Becorder by; —Deputy recording fee 0 well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK***5c./Application Fee /.3l~CyjP fcC\Receipt Number o-io a - sas-<fPROPERTY OWNER _____________DAYTIME PHONE , /yi aJ, ,<“^rV<£3^ADDRESS HiLAKE NAME ii\A>aaJ/ SECTION /6~" TOWNSHIP RANGE VO Cl) TOWNSHIP NAME f ( PARCEL NUMBER )C) 'OOP 9-^ -C>OC> LAKE NUMBER S~(g- 73^LAKE CLASS FIRE / LAKE l,D. NUMBER _f^Q/l ffMr&is Froyv\ I . T/J-<Tc: '}/toy vP Soui+il -i-Q f9o^ si\ /9^-a^ fc> Cou^h^y Lerf-"!" 15 OaJ o-f i^cM^ LEGAL DESCRIPTION LoVS S' <2c?£^A>i•^/ CsHies TYPE OF VARIANCE REQUESTED (Please Check) structure Setback____Structure Size____Sewage System____Subdivision X Cluster Misc. SPECIFY VARIANCE REQUESTED (Oe- \S9o\ld k:Ke ~to spDf Uo\s -fc 4^6 Lb\-^ 'hofk. ko4^5 cOouldi LA(^<^sUc»r<e^ LJoul^:^ %Q^ ( 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. 3/ /7lnl 7 DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) N April 12, 2001 Page 14 miAccepted By Land & Resource L & R Official/Date J ^oao TimeDate Of Hearing 7^ Motion Ken and Rick Braun - Denied Motion was made by Cecil Femling, second by Mark Steuart and carried with Steve Schierer abstaining, to deny the variance as requested noting that no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested. hairnhan/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR OfTicial/Date bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota s:Li Scale: L feetjnch(es) equalsfeet, or^rid(s) equals Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required imperious surface coverage calculation (See definition in Shoreland Management Ordinance) > ■s-.ya39. /jori T^tal Lot Area (FT2) %X 100 = Total Impervious Surface Onsite (FT2) I 't( I ri V ( aOo iAoX 3 a_( -s3 of’ jp. i In ' a a O' I zro UtrV IP-i)o.'VrrNk0) J4L !o 8<5•> y <t: &'ir ,o X o oV)90 rO VOJ V- i; 1 in<ri tJf 1I jmsdMSignature^ 300.816 • Victor Lur^deen Co., Pnrwwi • Forgus falls. MN • 1-800-346-4870BK —0500 — 029 i 1i April 11, 2000 IKurt and Jacki Maethner RR#1 Box 119D Battle Lake, MN 56515 1 Otter Tail County Board of Adjustment Fergus Falls, MN 56537 Dear Board of Adjustment: It is in our opinion that the variance request for Country Estates lots 3,4,5 be denied. This portion of the Country Estates development (lots 1 -10) is already very congested: These lots front on a shallow bay, by no means are the lots prime Clitherall lakeshore. We feel the shoreland ordinance changes, that were made several years ago, are good for our neighborhood, by eliminating the extra congestion and requiring more square feet per lot. These lots should be regulated as if they were on a “natural environmental lake”. Thank you for considering our opinion:! I Kurt and Jacki Maethner (Country Estates lots 33 and 1/2 32) i I ; I ; i Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Ken and Richard Braun PO Box 752 Annandale, MN 55302 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 Thursday, April 13, 2000, at 7:30 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 Lots 3, 4 and 5, Country Estates, Fire# Section 15, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238, Lake Name - Clitherall, Class - RD The variance requested is: a variance to split three substandard contiguous lots into two lots each having 150’ of lakeshore and each having less than the required 40,000 square feet of area. One lot would have approximately 35,625 square feet of area and the other lot would have approximately 36,750 square feet of area. Board m Adjustment Secretary Date: March 17, 2000 /.;OTTER TAIL COUNTY Fergus Falls, Minnesota !; State of Minnesota ) )SS i 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 March, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: :;-i V ! Ken and Richard Bruan^ PO Box 752, Annandale, Mn 55302 Aryin Hustad, Clitherall Twp Clerk, RR 1 Box 186, .Battle Lake, MN 56515 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 J I 1Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Riichard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR1221 1/2 E, Fir Aye., Fergus Falls, MN 56537 DNR Regional Adrhihistrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk I ;i I !i i Board of Adjustment:I !David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 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 Leslie Estes, Box 358, Battle Lake, MN 56515 Mark Steuait, RR 1 Box 82, Richville, MN 56576 I i 1 ! i Iby 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. I I I • •Dated: March 20th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment - '■t- By:iI/Vi Manderud 1 r t V April 12,20Q1I ■"Page 3 Donovan Olson - Approved with modifications and condition.I Donovan Olson, Wendell, MN, requested a variance of 20 to 30’ from the required ordinary high water level setback of 100' for an addition to an existing dwelling 80’ from the ordinary high water level on the south side and 70’ from the ordinary high water level on the east side. The property is described as Government Lot 4, Section 25 of Tumuli Township by Clear Lake. Willard (Bud) Nelson appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Cecil Femling, second by David Holmgren to approve the proposed additions being no closer than 80’ to the ordinary high water level. This motion failed with Mark Steuart, Randall Mann, Steve Schierer and Rod Boyer voting no. After additional discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve the placement of a structure 80’ from the ordinary high water level on the south side and 90’ from the ordinary high water level on the east side with the condition that the north and west sides must comply with the requirements of the ordinance. It was noted that the existing deck on the east side can remain in its present location, but no new development can be closer than 90’ to the ordinary high water level. Hardship is the terrain (water on three sides) of the applicant’s property and the location of the existing structure. jKen and Ric^ EUaun - Denied^^^^ Ken and Rick Braun, Annandale, MN, requested a variance to subdivide 3 substandard platted lots into two lots. Each lot would have the required 150’ of frontage and width, but would have less than the required 40,000 square feet of area. One lot would have 38,100 square feet of area and the other lot would have 39,600 square feet of area. The property is described as Lots 3, 4 and 5, Country Estates, Clitherall Lake in Clitherall Township. The audience was polled with Kurt Maethner speaking against the variance as requested. After discussion and consideration, motion was made by Cecil Femling, second by Mark Steuart and carried with Steve Schierer abstaining, to deny the variance as requested noting that no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested. .1% •»!onald J and Mary Lou G. Thoreson - Tabled Donald J and Mary Lou G. Thoreson, Pelican Rapids, MN, requested a variance of 5’ from the required side lot line setback of 10’ for the construction of a 16’ by 36’ garage 5’ from the lot line at its closest point. The property is described as part of Government Lot 1, Section 29 of Dunn Township by Lake Lizzie. The audience was polled with Jean Stangeland and the personal representative of Marion Anderson speaking against the variance as requested. Both noted the congested area and narrow road. After discussion and consideration, motion was made by David Holmgren second by Rod Boyer and unanimously carried, as per the applicant’s written request, to table the applicant’s variance hearing until the May 3, 2001 meeting of the Board of Adjustment. Jeffrey J. and Beth L. Voels - Approved with modifications and conditions. Jeffrey J. and Beth L Voels, Moorhead, MN, requested a variance to place a 28’ by 38’ structure 8’ from the side lot line, 8’ from traveled surface of the road and 48’ from the ordinary high water level. This structure will replace an existing smaller structure. The size of the present structure is 26’ by 20’. The property is described as Lot 27, Washburn Beach, Lake Lizzie in Dunn Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve the placement of a structure 8’ from the lot line on the west side, at least 10’ from the lot line on the east side and no closer to the ordinary high water level then the existing structure with the following conditions: l.that the proposed structure can have a depth of no more then 30’, 2. no more than 25% of the lot area on the lakeside of the traveled surface of the road can be covered with impervious surfaces, and 3. only that portion of the applicants’ lot on the lakeside of the traveled surface of the road can be considered when making the 25% impervious surface calculation. It was noted that the applicants would need to do the math to determine what size structure, if any, is permitted by the variance as granted. 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 Applicant must be present at the scheduled hearing. To Whom It May Concern: Ken and Rick Braun 7166 Jenkins Ave NW PO Box 752 Annandale, MN 55302 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 Thursday, April 12, 2001, at 7:30 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 Lots 3, 4 and 5, Country Estates, E911 Address - From Battle Lake - Take Hwy 78 South approximately 2 miles to 190‘'^ St. - Left about Vi mile to Country Estate Rd. Left (Lot 1 is on corner of 190‘” and Country Estate Rd.) Fire# Section 15, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238, Lake Name - Clitherall, Class - RD The variance requested is: a variance to subdivide 3 substandard platted lots into two lots. Each lot would have the required 150’ of frontage and width, but would have less than the required 40,000 square feet of area. One lot would have 38,100 square feet of area and the other lot would have 39,600 square feet of area. u)Date: March 15, 2001 Board an Adjustment Secretary : OTTER TAIL COUNTY Fergus Falls, Minnesota ! State of Minnesota )I )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 19th, day of March, 2001 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment:I I Top Notch Homes, INC., Rick Braun/Ken Braun, PO Box 752, Annandale, MN 55302 Aryin Hustad, Clitherall Twp Clerk, RR 1 Box 186, Battle Lake, MN 56515 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 J 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 : I ; I Board of Adjustment:f, ■iDavid H. Holmgren, RR 1 Box 188B, Henning, MN 56551 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 Rod Boyer, 51127 E Wymer LK RD, Frazee, MN 56544 Mark Steuart, RR 1 Box 82, Richville, MN 56576 !.I A. 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: March 19th, 2001 Wayne Stein, Secretary Otter Tail County Board of Adjustment I By:^2^(X Vi Manderud 1 (I : ! I