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Home My WebLink About41000020010001_Variances_12-05-1996Variances Barcode 128 12--'06-%805519%at>\0X J APPLICATION FOR VARIANCEOffice cf County Recorder County of Otter Tail •>1 hereby certify that the within instrument was filed 'for record in this office on the J ^ day of H^ril A.D. 19f~7 at and was duly Microfilmed as Doc.fSiJI'l^ I \v3iA%u. ' ' County Recorder _____Deputy Otter Tail County Fergus Falls, Minnesota 56537 (218) 739-2271 topi as-y;-/ ,3 ooApplication / Fee$_^£_^ — Please Complete With Black Ink —~5(d ' iJdl Last Name399 eiaift five S9-.Pa.uL nfl.'rOAl • amOwner;Phone: First Middle Street & No.City State Zip No. 6 h it Lb Li^ke.Lake No.Lake Name Lake Class Kl I (iS ic/fl/CnS)a i'3a 39Sec.Twp.Range Twp. Name ^^cr^errl/rn Q'tX -^crV W) 151Legal Descriptio Fire No. or Lake ID # |^c3un/^e- 3^/ CrCcr>> 2^^ /lOOO /Parcel Number VARIANCE REQUESTED IS:Qsuy^ Jiel. AoufA .|r^- "30 So ---oMe feO- C^'faki •ibcr 7^7717 :xo=cr oet—F?75^ Jitoti z/ C<o\- ^ fZ-K^O A s ^ V v\ blT' 6 w\ 9'\/ d va • 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 Shoreland Management Ordinance of Otter Tail County. 19 _., dLfle. j Signature Of Applicant Ddl 3oApplication dated 19Date of hearing:. Time:M MOTION AS FOLLOWS: 4- 'I-r /VOi/71 338 ,1^71 0 ChaHaCT 7 otter Tail County Board of Adjustment Permitfs) from Land & Resource Managerttent required:YES NO mailed copy of Application to Applicant.(Date/Initial) BK 0795-001 0^^277.206 • Victor Lundeen Co., Printers • Fergus Fal.ls, Minnesota The applicant’s variance application had been previously tabled at the December 5, 1996, Board of Adjustment meeting at which time the applicant had requested that the Board of Adjustment table his variance application until the April 1997 Board of Adjustment meeting. The applicant was informed of the April 10, 1997, meeting by a letter dated March 14, 1997. No response to this letter had been received by the office as of the date and time of this schedule public hearing. The Board of Adjustment has no authority to delay their action or to table the applicant’s request for an additional period of time without the applicant’s approval, therefore, a motion was offer by Randall Mann, seconded by Craig Anderson and unanimously carried, to deny the variance as requested. April 10,1997 Page 8 Hilary Barry and Virgil Munson - Withdrawn Hilary Barry and Virgil Munson, Richville, MN, requested a variance to increase the density of the existing resort by 21 additional RV campsites, a variance of 160’ from the required ordinary high water level setback of 200’ and a variance of 10’ from the required side lot line setback of 50’. The property is described as part of Government Lot 1, Section 20 and part of Government Lot 3 and 4, Section 21 of Rush Lake by Head Lake. The applicants’ request had been tabled at the October 3, 1996, Board of Adjustment meeting pending the outcome of tentatively scheduled discussions and meetings, by the Otter Tail County Planning Commission, concerning resorts, commercial ventures and possible amendments to the shoreland ordinance. The Planning Commission has held meetings and has had discussions and at this time no changes are being planned, therefore, a motion was offered by Craig Anderson, seconded by Robert Schwartz and unanimously carried, to allow the applicants to withdraw their variance request and to refund a portion of the applicants’ variance application fee. The applicants accepted the withdrawal of their variance application. Allan P. Kunkel - Withdrawn Allan P. Kunkel, Pelican Rapids, MN, requested a variance to increase the density of an existing resort by the addition of 4 camp sites, a variance of 6 to 24’ from the required east side lot line setback of 50’ for the placement of three camp sites 26 to 44’ from the east side lot line and a variance of 20 to 30’ from the required west side lot line setback of 50’ for the placement of 1 camp site 20 to 30’ from the west side lot line. The property is described as Lots 3, 4, 5, 6, and 7, Subrosa Beach, Prairie Lake in Pelican Township. The applicant’s request had been tabled at the October 3, 1996, Board of Adjustment meeting pending the outcome of tentatively scheduled discussions and meetings, by the Otter Tail County Planning Commission, concerning resorts, commercial ventures and possible amendments to the shoreland ordinance. The Planning Commission has held meetings and has had discussions and at this time no changes are being planned, therefore, a motion was offered by Craig Anderson, seconded by Robert Schwartz and unanimously carried, to allow the applicants to withdraw their variance request and to refund a portion of the applicants’ variance application fee. The applicants accepted the withdrawal of their variance application. ^^pf^de William Millerbernd - Denied Clyde William Millerbernd, St. Paul, MN, requested a variance of 9’ from the required top of bluff setback of 30’ for the placement of a 12’ by 60’ deck 2T from the top of the bluff. The property is described as part of Government Lot 2, Section 2 of Nidaros Township by East Battle Lake. The applicant’s variance application had been previously tabled at the December 5, 1996, Board of Adjustment meeting at which time the applicant had requested that the Board of Adjustment table his variance application until the April 1997 Board of Adjustment meeting. The applicant was informed of the April 10, 1997, meeting by a letter dated March 14, 1997. No response to this letter had been received by the office as of the date and time of this schedule public hearing. The Board of Adjustment has no authority to delay their action or to table the applicant’s request for an additional period of time without the applicant’s approval, therefore, a motion was offer by Randall Mann, seconded by Craig Anderson and unanimously carried, to deny the variance as requested. Michael J. Muellner - Withdrawn Michael J. Muellner, Papillion, NE, requested a variance to subdivide, by metes and bounds ^ •» April 10,1997 Page 7 Robert E. and Christine Lamb - Approved Robert E. and Christine Lamb, Pelican Rapids, MN, requested a variance of approximately T from the required side lot line setback of 10’ for the addition of a 28’ by 34’ garage to an existing dwelling 3’ from the side lot line at its closest point. The property is described as the East 50’ of Lot 1, Block 1, Oak Grove Summer Resort, Pelican Lake in Scambler Township. The audience was polled with no one speaking for or against the request. After consideration motion was made by George Walter to approve a 22’ by 28’ garage. After additional discussion this motion was withdrawn. After additional consideration, motion was made by Craig Anderson, seconded by Randall Mann and carried with Cecil Femling voting no, to approve the construction of an attached garage being no closer to the side lot line than the Northwesterly (road side) corner of the applicant’s house. The granting of the modified variance will grant the applicants a reasonable use of their property. Hardship is the unique shape of the applicants’ lot. Gary W. Anderson - Approved Gary W. Anderson, Fergus Falls, MN, requested a variance to subdivide a parcel of less than 5 acres from an existing 13.13 acre parcel. The parcel would be approximately 3.6 acres. The property is described as part of Government Lot 6, Section 5 of Buse Township by the Otter Tail River. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to table the applicant’s request until later in the evening to allow the applicant an opportunity to bring an additional drawing for the Board’s review. After additional consideration and discussion, motion was made Craig Anderson, seconded by John Everts and carried with Randall Mann abstaining, to approve a subdivision of an approximately 3.6 acre parcel from an existing 13.13 acre parcel with the following conditions: 1.) that a registered surveyor’s drawing must be provided at the time of conveyance and 2.) that either a strip of land, at least 33’ wide, from the 3.6 acre parcel to County Road 15 must be deeded along with the 3.6 acre parcel for purposes of ingress and egress or a road from the 3.6 acre parcel to County Road 15 must be constructed and dedicated to the public. Thomas John Greenagel - Approved Thomas John Greenagel, Fergus Falls, MN, requested a variance of 32.5’ from the required ordinary high water level setback of 100’ for the construction of a 14’ by 28’ porch addition and for the addition of a deck to an existing dwelling approximately 67.5’ from the ordinary high water level, a variance of 2.5’ from the required side lot line setback of 10’ for the construction of a 28’ by 42’ garage 7.5’ from the side lot line and a variance to construct a garage with a storage area in the loft and having a height of greater than 18’. The property is described as part of Government Lot 1, Section 34 of Girard Township by East Battle Lake. The audience was polled with no one speaking for or against the request. The applicant informed the board members that he no longer required the side lot line variance and that he was no longer requesting a loft in the garage. After consideration, motion was made by Randall Mann, seconded by Craig Anderson and unanimously carried, to approve a variance of 32.5’ from the required ordinary high water level setback of 100’ for the construction of a 14’ by 28’ porch addition and for the addition of a deck, as depicted on the applicant’s drawing, to an existing dwelling approximately 67.5’ from the ordinary high water level. It should be noted that no variances are being granted for the height of the garage. It was also noted that the proposed additions to the existing dwelling would be no closer to the ordinary high water level than any part of the existing dwelling and/or deck. December 5,1996 2 Marie Rogers - Approved Marie Rogers, Perham, MN, requested a variance to subdivide a 2.5 acre parcel and a 2.8 acre parcel from an existing 72.25 acre parcel. Subdivisions containing wetlands or within the shoreland area have a minimum size requirement of 5 acres. The property is described as part of the North Half of the Southwest Quarter, Section 31 of Pine Lake Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by Craig Anderson and unanimously carried, to approve a variance to subdivide a 2.5 acre parcel and a 2.8 acre parcel from an existing 72.25 acre parcel with the condition that a registered surveyor’s drawing must be provided and with the condition that no additional variances will be granted to these two parcels for the placement/location of any structures, wells or septic systems. Clifford Erickson - Denied Clifford Erickson, Pelican Rapids, MN, requested a variance to convey a parcel of less than 5 acres without a registered surveyor’s drawing. The parcel would be approximately 50’ by 105’ by 123’ and would be permanently attached to an adjacent lake lot owned by Arnold Shirley. The property is described as part of Government Lot 2, Section 27 of Lida Township by Lake Lida. Charles Krekelberg, Attorney, represented Mr. Clifford Erickson at the hearing. The audience was polled with Jerry Erickson addressing the request. After consideration, motion was made by John Everts, seconded by Cecil Femling, to table the variance request for additional information concerning fee ownership of the property in question. After additional discussion the previous motion was rescind and the following motion was offered by Craig Anderson, seconded by John Everts and unanimously carried, to deny the variance as requested as the current property owner was not interested in pursuing either the requested variance or in having the requested variance tabled for additional information. William Millerbernd - Tabled Clyde William Millerbernd, St. Paul, MN, requested a variance of 9’ from the required top of bluff setback of 30’ for the placement of a 12’ by 60’ deck 2T from the top of the bluff. The property is described as part of Government Lot 2, Section 2 of Nidaros Township by East Battle 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 table the variance request until the April 1997 Board of Adjustment meeting to allow the applicant an opportunity to consider other building alternatives. The applicant has provided a letter requesting the tabling of his request until the April 1997 meeting. It was noted that since the applicant’s property is currently undeveloped it would be in the best interest of everyone to consider any aiternatives possible that would permit the development of this property without the need for any variances or at the very least to permit development that would not require a variance from the bluff impact zone. Ronald E. Werner - Approved Ronald E. Werner, West Fargo, ND, requested a variance of approximately 55 to 60’ from the required ordinary high water level setback of 100’ for an addition to an existing dwelling approximately 40 to 45’ from the ordinary high water level. The property is described as Lot 10, East Shore, Tamarac Lake in Scambler 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 allow the applicant to use the string line in the shore impact zone for the construction of an addition to an existing dwelling. Based on the applicant’s testimony the proposed addition will not exceed the string line. The use of the string line will place the addition approximately 40 to 45’ from the ordinary high water level and will allow the applicant the ability to enjoy the same rights and privileges as currently enjoyed by the applicant’s contiguous property owners. T NA7F¥r i.$-■.f- Vo (5^' Ca^^pooL !7^> ^ X J-i 'Ivo'—>io'.6ieio>H<swiHin- FcLe, sK«^c/iL 1o'o^ C»R 5aRS<)6House Tl CD ^ ^oS ? 5' “ 2 S3 g rSill aC a ir a I g 0 \?o>fvj inii ck:i •ITTT"nM »zM I II >5“I i sIdC C.K i.- iO1I £I :i:jrV<^ O^vh^v^ ''I0 R.'v'l *--X m -* •! 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U)e,^>u.t«Ji^ Ool ^ 'V i i, rO/fCcUTt-^La- *Crn XJU, O O yh<A^ /OjL4- XO<tC/fe. f y^OXyyXJi^ cm Cnroic^cmC>| ^ / 5" jmtes 3 6ct/r^ ^^Vowti^e- v ;^tRe/yt vbaxiJ^-t^ ^ cruJr • ^We-/TL4jc 6abr>c^ /^ ito UvOis-: ' " . ■'* >k L .''-j Lue. juroiiM JLJiJi^~ko a, /^ OurtiJcu'fyAjt^^ o/ ^JIms/J /<^aA- . j^-toyy\ ~3t3 "ha lo 7^ oJiSicru) ^ JJuC^ C$-i~U>e, OJOm ^tb C^x3* /</y\, CL/yVci? &u^ p/ f^<SL • ^ ;t5aIa-< /1^<sr^ uJiyCcfiiJ aui.Q^i-€,cLdji^ a, Z5' ' M fc. ■ ,>• XJe.L ^CrO-i OLor€- No OcJ:)Jyt^ j >^/Ory»l Cnr ^AyJ<iAjn, . . j, ~^0ynv\ 0"f P'TO^ __ CJIjA. i^x^er^etyti? &(U^-a^ 0^ > i.‘ S'^/OS 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: Clyde William Millerbemd 399 Blair Ave. St. Paul, MN 55103 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 December 5,1996, at 1:00 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 part of Government Lot 2 Fire# 151 Section 2, Township 132, Range 39 ■ Township Name ■ Nidaros Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is: a variance of 9’ from the required top of bluff setback of 30’ for the placement of a 12' by 60’ deck 2T from the top of the bluff. Board^ Adjustment SecretaryDate: November 14, 1996 SCAISiD OTTER TAIL COUNTYt * Office of the County Auditor Phone 218-739-2271 121 W. Junius Ave. Fergus Falls, MN 56537 State of Minnesota ) County of Otter Tail I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 18th , day of November the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Clyde William Millerbernd, 399 Blair Ave Debra Beiderman, Twp Clerk of nidaros, Rt 2 Box 51, Clitherall,Mn 56524 East Battle Lake Watershed, Rt 1 Box 49F, Vining, Mn 56588 ,1996 St. Paul,Mn 55103• / 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 Health Department, Courthouse, Fergus Falls, MN 56537 Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, Route #2, Battle Lake, MN 56515 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Arm St., Fergus Falls, MN 56537 Robert Schwartz, Rt 1 Box 4, Wadena, MN 56482 George Walter, Route #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 Mail at Ferg-us Falls", MN, properly addressed to each of the individuals listed above and/or listed in the attachment. Secretly ^ November 18, 1996Dated: /-