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Home My WebLink About10000990361000_Variances_04-10-1997Variances Barcode 128 805523obf APPLICATION FOR VARIANCEOffice of County Recorder County of Otter Tail I hereby certify that the within instrument was filed for record jn this office on the day ofh^r\\ A.D.19f'7 at r, and was duly Microfilmed as Doc.lSI > J Otter Tail County Fergus Falls, Minnesota 56537 (21B) 739-2271 Receipt JP570BNo. Application Fee$___ County Recorder !____Deputy — Please Complete With Black Ink — 0^ fin A SoQ FtnU (320)^^^ -^^5^ (tO fY] hi_______3*0.?__________ ormOwner:Phone: Last Name Middle S’f- C/outJC.c> 95£/ he^rv/ -5L '237 /7^rP Street & No.State Zip No. e Innofn 7^Lake No.Lake Name Lake Class 3k C. llHie r/? //Twp. / 3 7-Sec.Range Twp. Name Lst5'’i^Legal Description:Fire No. or Lake ID # Lo'i' 1(9 S-feuJQhfs' Daktt l~hlyl}Oi— '^elirtofi Lake. - caiai)\ >Trt-VH eaci o*r hine orv 5/VrS JC> -OGO - -OZU /- ooaParcel Number See. a/^aehto^ / en/\ VARIANCE REQUESTED IS: a^fy mJ) skl-efi ou/PrcprY\»m€ Ot/efikekS Yhi 3/9/^/ In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreiand Management Ordinance of Otter Tail County. ^ Signature Of Applicant sfiofnApplication dated 19 V- /o cf /?19 ? 7 . Time:Date of hearing:M MOTION AS FOLLOWS: Chairman Otter Tail County Board of AdjustmentXPermitfs) from Land & Resource l^nagement required: ' ' (Date/Initial) ^ YES NO senmailed copy of Application to Applicant. BK 079B-001 277.206 * Victor Lundoon Co., Printora • Fergus Fel.ls. Minnesota A Ut'Ab ? '^y ;/y /LO<::^& 357 335 5^/ 3Sf 35/ 352- Motion was made by Randall Mann, seconded by Cecil Femling to approve the variance as requested with the exception of the variance affecting the replacement of the existing deck. The motion failed with John Everts, George Walter and Robert Schwartz voting no. After additional consideration and discussion, a motion was made by George Walter, seconded by Craig Anderson and carried with Randall Mann voting no, to approve a variance of 2' from the allowable deck construction area as defined in Section III.4.H.2 of the Shoreland Management Ordinance (15% of the cabin setback area or 10’) for the replacement of an existing 12’ by 24’ deck 2’ in front of the allowable deck construction area, a variance of from the required ordinary high water level setback of 200’ and a variance from the required shore impact zone setback of 100’ for a 16’ by 24’ addition and for a 16’ by 14’ addition to the existing dwelling located approximately 69’ from the ordinary high water level with the condition that the new deck can never be enclosed, by glass and/or screen, at anytime in the future. It was noted that there are many substandard conditions in this immediate area and the granting of this variance will not establish a precedence. It was also noted that the 16’ by 14’ addition to the south side of the cabin will be no closer to the ordinary high water level than the existing cabin and the 15’ by 24’ addition will be on the road side of the existing cabin away from the ordinary high water level. VARIANCE REQUEST We are interested in improving the property in the following ways: 1. Replace the existing deck 2. Replace the existing doors and windows 3. Add on two bedrooms and a bath 4. Add on a screened-in porch 5. Shingle the entire structure. 6. Install new maintenance free siding on the entire structure. *^Ar? 1 ) I will address each of these improvements separately and refer to them as listed. 1. The existing deck is unsafe due to rotting joists and deck boards. The railing and stairs are also in poor shape. The existing deck is supported on the lake side by poles that rest on top of retaining walls that extend out from the side block walls of the cabin. The existing deck is 12 feet wide and extends the length of the cabin. The cabin setback is 69 feet. Under Shoreland Management Ordinance III.4.H.2 (page 13) 15% of the cabin setback would allow a 10 foot deck to be constructed without a variance. Therefore, I am asking that I be allowed to replace the existing 12 foot deck which would require a 2 foot variance. The current support poles are at the end of the retaining wall and would look best remaining in that position, thus requiring the deck to be constructed at 12 feet instead of the permissible 10 feet. Leaving the existing support poles and cross members would greatly assist in replacement of the deck also (all that would be required would be to replace the deck joists). ✓ 2. All existing doors and windows are in poor condition and are not weather proof, rain leaks in around the rotted frames and the limited damage done so far will only get worse if they are not replaced soon. None of the windows or doors would change the outside dimensions of the existing cabin. 3. An addition on the street side of the existing cabin would be 16 X 24 feet and include two bedrooms and a bathroom which would replace the existing basement ^ bath. The current septic system is an approved system as verified in the attached disclosure. We are not adding a bathroom, just changing its location. I have attached a more detailed plan of the addition for you examination. 4. An addition on the south side of the existing cabin (with the same setback from the / lake as the present cabin) would be a screened porch. See attached plan for this proposed addition too. There is one question I have in reference to both proposed additions. Is it permitted to attach these additions to the existing cabin and support the other end on pilings that are below the frost line? I want to avoid excavating large amounts of earth if at all possible. My intent is to build the additions like a deck with the structure being supported on concrete pilings below the frost line. .......... i 5. & 6. are self explanatory. Please let me know what I need to do to get the required variance or permits to accomplish these improvements. If this variance is approved and a permit is issued. I would like to know how long the permit is valid (how long do I have to complete the work?). If I get a variance on all proposed projects, can I get separate permits at different times as finances allow? Any assistance that you could supply me that would be beneficial in making these improvements a reality, would be greatly appreciated. Submitted by: Roger A. Anhorn 1768 Casselberry Road St. Cloud, MN 56303 (320) 252-2256 home or (320) 255-2918 work yr : 1, GRID PLOT PLANiinch(es) equals /b feet SKETCHING FORM*■ -•t .grid(s) equals ^ feet, or• Sc&le: Dated:19 Signature Please sketch your lot indicating setbacks from road right-of-way, lake, sideyard and septic tank and drain- field for each building currently on lot and any proposed structures. Ro<k,J A Tciv\K nr“ ....zrzfrcid: qJ r- Sl^ed 52«:Ifcsff 1proposed 2r'Bed'^ooKH ^ Sa"f A s Vwi •well £n\s-fin_^ Co.\d f n PropsSC’d j \fyaci I jtor\ f; hi5I /< Dec/C Replace Deck % sia I i 69ft ! ■•i.. y ■ \ 5t r' 3 Ii i.I i i . •2B1.949 • Victor Lun!MKL —0871 —029 ; i 4'T rM; X ♦t + X k >i t.-* A / {■' f" V- ^ar t 1 J99rf.,.""•i i April 10,1997 Page 6 unanimously carried, to approve, as a buildable lot, the subdivision of a parcel of less than 5 acres (approximately 3 acres) from an existing 8.38 acre parcel with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. George M. Revering - Approved George M. Revering, Parkers Prairie, MN, requested a variance of 7’ 4.5” from the 18’ maximum height of a non-dwelling structure for the construction of a 60’ by 80’ structure having a maximum height of 25’ 4.5”. The property is described as part of Government Lot 4 and the Southeast Quarter of the Southwest Quarter, Section 22 of Parkers Prairie Township by Lake Adley. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Robert Schwartz and unanimously carried, to approve a variance of 7’ 4.5” from the 18’ maximum height of a non dwelling structure for the construction of a 60’ by 80' structure having a maximum height of 25’ 4.5”. It was noted that the proposed building will be used in connection with the applicant’s farm operation and that the proposed structure will be located approximately 300’ from the ordinary high water level. :6ger Albert Anhorn - Approved Roger Albert Anhorn, St. Cloud, MN, requested a variance of 2' from the allowable deck construction area as defined in Section III.4.H.2 of the Shoreland Management Ordinance (15% of the cabin setback area or 10’) for the replacement of an existing 12’ by 24’ deck 2’ in front of the allowable deck construction area, a variance from the required ordinary high water level setback of 200’ and a variance from the required shore impact zone setback of 100’ for a 16’ by 24’ addition and for a 16’ by 14’ addition to the existing dwelling approximately 69’ from the ordinary high water level. The 16’ by 14’ addition to the south side of the cabin will be no closer to the ordinary high water level than the existing cabin and the 16' by 24’ addition will be on the road side of the existing cabin away from the ordinary high water level. The applicant’s project also includes the replacement of all existing doors and windows, shingling and installing maintenance free siding on the entire structure. The property is described as Lot 10, Stewart’s Oak Harbor, Belmont Lake in Clitherall Township. The audience was polled with no one speaking for or against the request. A letter from Dale and Audrey Marcus in favor of the applicant’s request was read for the record. After consideration, motion was made by Randall Mann, seconded by Cecil Femling to approve the variance as requested with the exception of the variance affecting the replacement of the existing deck. The motion failed with John Everts, George Walter and Robert Schwartz voting no. After additional consideration and discussion, a motion was made by George Walter, seconded by Craig Anderson and carried with Randall Mann voting no, to approve a variance of 2’ from the allowable deck construction area as defined in Section III.4.H.2 of the Shoreland Management Ordinance (15% of the cabin setback area or 10’) for the replacement of an existing 12’ by 24’ deck 2’ in front of the allowable deck construction area, a variance of from the required ordinary high water level setback of 200’ and a variance from the required shore impact zone setback of 100’ for a 16’ by 24’ addition and for a 16’ by 14’ addition to the existing dwelling located approximately 69’ from the ordinary high water level with the condition that the new deck can never be enclosed, by glass and/or screen, at anytime in the future. It was noted that there are many substandard conditions in this immediate area and the granting of this variance will not establish a precedence. It was also noted that the 16’ by 14’ addition to the south side of the cabin will be no closer to the ordinary high water level than the existing cabin and the 15’ by 24’ addition will be on the road side of the existing cabin away from the ordinary high water level. April 10,1997 Page 5 by Craig Anderson, seconded by Robert Schwartz and unanimously carried, to approve construction up to the building line or up to 75’ from the ordinary high water level depending upon whichever is to the applicant’s advantage. Howard D. Nieienberg - Approved Howard D. Nieienberg, Wahpeton, ND, requested a variance from the required ordinary high water level setback of 100’ for a 12’ by 24’ addition to the west (back) side of an existing dwelling. The property is described as Lot 4 and part of Lot 5, Elmwood, Loon Lake in Candor Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to approve a variance from the required ordinary high water level setback of 100’ for a 12’ by 24’ addition to the west (back) side of an existing dwelling. It was noted that the addition would be no closer to the ordinary high water level than the existing structure. Hardship is a substandard lot of record with an existing building. James Henry - Approved James Henry, Moorhead, MN, requested a variance to subdivide three substandard contiguous back lots in the following manner: Lots 2 and 3, Block 1 of Henry’s Hill Third Subdivision would be conveyed and permanently attached to Lot 15 of Henry’s Hill and Lot 4 Block 1 of Henry’s Hill Third Subdivision would be conveyed and permanently attached to Lot 18 of Henry’s Hill. The property is described as Lots 2, 3 and 4, Block 1, Henry’s Hill Third Subdivision, Franklin Lake in Dunn Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Craig Anderson and unanimously carried, to approve the subdivision of three substandard contiguous back lots with the condition that Lots 2 and 3 must be permanently attached to Lot 15 and that Lot 4 must be permanently attached to Lot 18 and with the condition that these back lots are non-buildable for residential dwelling. Hardship is a substandard lot or record and the need for additional area for utility and storage purposes. Reynold W. Ellingson - Denied Reynold W. Ellingson, Battle Lake, MN, requested a variance of 50’ from the required west side lot line setback of 65’ for the placement of 10’ by 14’ storage shed 15’ from the west side lot line. The property is described as part of Government Lot 4, Section 2 of St. Olaf Township by Long Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Craig Anderson and unanimously carried, to deny the variance as requested as no adequate hardship had been shown, the granting of the variance would establish a precedence and other alternatives exist that would not require a variance. It was noted that this is a new development and the size of this lot provides other alternatives that would not require a variance from the requirements of the ordinance. Leo P. Braun - Approved Leo P. Braun, Underwood, MN, requested a variance to subdivide a parcel of less than 5 acres from an existing 8.38 acre parcel. The property is described as part of Government Lot 2, Section 4 of Sverdrup Township by Sharp Lake. Forrest Hanson represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and Co^ _____ lt/<2^_.^Z^ UVl ^ ^ tA^d>__jj-ALjUki^.. M H^avcx____ d? b.^ e^jJ^ i %s^- 7h..._______p iTa ^ 9. e^'tc^At^ - 7^ li-tL-^Ac /?n hc> i« tJ J /T h t-\ en^la t / a__ ^ t*-K /r/^a h av, e>t6-r Li^/-o^ * -f'h \Ai UJ -c— l»V/ f'i <^liZX •<-7^y Jf t,J}? ? La±..3'‘ Jf(Lui A«.X OM<Li)^~n^ u. /y / Su> /±1M bcy^Y SCIIS3 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: Roger Albert Anhorn 1768 Casselberry Rd. St. Cloud, MN 56303 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 April 10,1997, 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.) 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 10, Stewart’s Oak Harbor, Fire# L2558 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 2’ from the allowable deck construction area as defined in Section III.4.H.2 of the Shoreland Management Ordinance (15% of the cabin setback area or 10’) for the replacement of an existing 12’ by 24’ deck 2’ in front of the allowable deck construction area, a variance from the required ordinary high water level setback of 200’ and a variance from the required shore impact zone setback of 100’ for a 16’ by 24’ addition and for a 16’ by 14’ addition to the existing dwelling approximately 69’ from the ordinary high water level. The 16’ by 14’ addition to the south side of the cabin will be no closer to the ordinary high water level than the existing cabin and the 16’ by 24’ addition will be on the road side of the existing cabin away from the ordinary high water level. The applicant’s project also includes the replacement of all existing doors and windows, shingling and installing maintenance free siding on the entire structure. ul/OCJ'WJ Board ^Adjustment SecretaryDate: March 14,1997 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 24th,day of March, 1997 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Roger Albert Anhorn, 1768 Casselberry Rd, St. Cloud, Mn 56303 Aryin Hustad, Clitherall Twp Clerk, Rt 1 Box 186, 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 Otter Tail County Public Heath Department, Courthouse, Fergus Faiis, MN 56537 Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, RR 2, Battie Lake, MN 56515 Cecii B. Femling, 13 6th St. NE, Peiican Rapids, MN 56572 Randaii Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, RR 1 Box 4, Wadena, MN 56482 George Walter, RR 1 Box 314, Perham, MN 56573 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Maii at Fergus Faiis, MN, property addressed to each of the individuais listed above and/or listed in the attachment. Dated: March 24th, 1997 Wayne Stein, Secretary Otter Taii County Board of Adjustment By: Vi Manderud ■"'‘I LliKOY 1 MIJLIUU flAiv'i ULlil LUiAHl;!' El AL kl 'i 3 FEEGUG FALLS, MM EMtUI i>LIJCH HALL RD UtlAHA, HE jS(-5:i7 ; 9 C ie >JliHH W L JEAH LEARHAHiDAVILi R & TER’ESA AMM AliL’ERSUH R 1 L'.Ua lyiL. CLITHERALL, MN 775'S 1-uLAKlS LaML WAl'LE GROVE, HN bSliII \GG524 DONALD STEWART RR 1 BOX 19i CLATHERALL, MN 56S24 DALE E fi AUDREY A MARCUS MALES £. ANN LEAGH RR A BOX ADAM CLATHERALL, MN DA A NANTH AVE SA BLEY, JA 0124956524 ROGER A R LINDA M ANHORHGEORGE G MATHIESEN A 760 CA6L.ELBERRY RD SI CLOULi, MN 56JOJ 40A OLAF AVE S BATTLE LAKE, MN 565 A 5 KURT PEIERSUNCOLEEN MCANTA RE RR A BOX A9AAA CLAiilERALL, MN 2095 N LAKE MALTONA DR NE MALTONA, MN 56054 56524 t- \