HomeMy WebLinkAbout41000990236000_Variances_04-04-2002Variances
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9016S3 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
901653I hereby certify that
this instrument # _
was filed/recorded in this office
for rec^ on the / / day of
2002 at ^
y U Metcalf, County Recover
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Wend'
by: ( A
^■60 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
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7^5 1^5-07!
Application Fee
Receipt Number
^V\Y\ L CVexuV VA.
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PROPERTY OWNER DAYTIME PHONE
PiV\L. >/lADDRESS V 7
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LAKE CLASS
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LAKE NUMBER^
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SECTION 3 H- TOWNSHIP /
LAKE NAME
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RANGE
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LEGAL DESCRIPTION v «5e.cT'^3 ~Tu)P^/^^ !\CKyi£\^ 'o>3j
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PARCEL NUMBER FIRE / LAKE I.D. NUMBER
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED
S6T ArrAuiTo AJAjeA
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
^NDSTAm TH^ OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
RESOURCE MANAGEMENT REGARDING THIS MATTER.
I ALSO UND
CONTACT
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^91gnature of proper
^ APPLICANT MUST BE PRESENT AT THE HEARING
owner//DATE -T?1
FEB 1 3 2002(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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Accepted By Land & Resource - jL & R Official/DateA
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i'3V /f^Time^ cPaOJlDate Of Hearing
Motion
John L and Cheryl M. Czech - Approved with condition - (8:34 p.m.)
Motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve the applicants’
r request as stated in the applicants’ application, in the applicants attachments to the application and as depicted in the
applicants’ drawings, which were submitted with the application with the condition that 10’ by 12’ shed near the lake
and near the side lot line must be removed on or before September 1, 2002.
Chalfman/Otter Tail County Board of Adjustment
Pei>^(s) required from Land & Resource Management
/\ Yes (Contact Land & Resource Management)
No
QI09JCopy of Application Mailed to Applicant And the MN DNR
L R OfTicial/bate
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bk 0198-001
291,306 • Victor Lundeen Co.. Printers ♦ Fergus Falls. Minnesota
The north east comer of our home is sinking from the weight
of the upper floor. We believe this 12’ by 24’ room use to be a
boathouse in the past, which at some point became part of the
basement. The footings that are under the end of the house 12’ by
24’ area are not thick enough to handle the upper floor, which is
the kitchen and dining room. The floor heaves up real bad, we
have large cracks in the back wall, also our roof sags badly from
this problem. We would raise the house, take out the walls, floor,
and footings in this area. We would also like to put the proper
footings in the rebuild the three walls with treated lumber, plus add
some windows.
The basement is only 6’ tall. We would like to add 3’ to the
top of the existing brick walls all around the basement, and also
put windows in. The plumbing goes through the floor Joyce all
across the back wall, we will have to replace it. We will also have
to redo plumbing, rewire, and redo the heating in the basement. We
share our septic system with two houses to the south of us. We
would like to be approved to be able to have our own septic system
if all possible.,1;0
FES 1 8 ZOK
land & RF.SOURCe
feetfeet, or Jnch(es) equals* - Scale: ^.gi:ld(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 impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
.33.33rlh5‘l‘)b1^1 i o X 1003-
Total Lot AreaTotal Impervious
Surface Onsite
FFB 1 3 2002
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4- 1 V;BK — 0500 — 029 304,676 * Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4670
L_Scale: ‘:_grid(s) equals feet, or .inch(es) equals feet
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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 impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
X 100 =%
Total Impervious
Surface Onsite
Total Lot Area
(FT2)
(FT2)jRL::. ■ ’ 'rp
1 3 2002
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BK — 0500 —[304.678 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870
?April4,2m?
James W and Patricia Clarke - Approved as requested - (8:25 p.m.)
James W and Patricia Clarke, Iowa City, lA, requested a variance for the construction of a new roof (i.e.
roof replacement) on an existing cabin. From the notes contained within the applicants’ file it appears that
the roof has been replaced and that the replacement was done prior to obtaining a site permit. It also
appears from the applicants’ drawing and from the notes that a portion of the replacement roof is both
ahead of the string line and less than 10’ from the side lot line. The property is described as Lot 6, Lucky
Horseshoe Bay, Lake Lida in Lida Township. The audience was polled with Robert Brungardt speaking for
the variance as requested. After consideration, motion was made by Randall Mann, second by Cecil
Femling and unanimously carried, to approve the roof replacement project as already completed by the
applicants. The granting of the variance provided the applicants with an opportunity to maintain their
property. It should be noted that the building size remained the same and that the only change resulted
from the overhang on the new roof.
.■»-. ***hn L and Cheryl M. Czech - Approved with condition - (8:34 p.m.)
[ John L. and Cheryl M. Czech, Circle Pines, MN, requested the following: The north east corner of our
' home is sinking from the weight of the upper floor. We believe this 12’ by 24’ room used to be a boathouse
in the past, which at some point became part of the basement. The footings that are under the end of the i
house 12' by 24’ area are not thick enough to handle the upper floor, which is the kitchen and dining room, r
The floor heaves up real bad, we have large cracks in the back wall, also our roof sags badly from this |
problem. We would raise the house, take out the walls, floor, and footing in this area. We would also like \
to put the proper footings in and rebuild the three walls with treated lumber, plus add some windows. The i
basement is only 6’ tall. We would like to add 3’ to the top of the existing brick walls all around the
basement and also put windows in. The plumbing goes through the floor joist all across the back wall, we |
will have to replace it. We will also have to redo plumbing, rewire, and redo the heating in the basement.
We share our septic system with two houses to the south of us. We would like to be approved to be able to
have our own septic system if all possible.” It appears from the applicants’ drawing that variances are
needed from the shore impact zone, from the ordinary high water level setbacks, from the side lot line
setback and from the maximum impervious surface coverage of 25%. The property is described as part of ••
Lot 6 and all of Lot 7, Albrecht’s Addition to Nirvana, Section 34 of Girard Township and Section 3 of |
Nidaros Township by Stuart and East Battle Lakes. A letter from Denton O. Baumbarger in support of the f applicants’ request was read for the record. Mr. Baumbarger noted that he had no objection to their I
request for a septic system of their own provided that the action would not adversely impact the current I
septic system used by our neighbors and us. A letter form John and Sara Bowling expressing three K
concerns with the applicant’s request was read for the record. 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 applicants’ request as stated in the applicants’ i
application, in the applicants attachments to the application and as depicted in the applicants’ drawings, '
I which were submitted with the application with the condition that 10’ by 12’ shed near the lake and near the
[side lot line must be removed on or before September 1, 2002.
Ii
§
Dennis and Torrie Angland - Denied - (8:45 p.m.)
Dennis and Torrie Angland, Des Moines, lA, requested a variance of 100’ from the required ordinary high
water level setback of 200’ for the construction of a 28’ by 32’ hunting cabin 100’ from the ordinary high
water level and a variance of 100’ from the required ordinary high water level setback of 150' for the
placement of a sewer system (tank and mound) 50’ from the ordinary high water level. It should be noted
that the proposed system would be 50’ from the existing wetland. The property is described as part of
Government Lot 4, Section 22 of Eastern Township by Mary Lake. The audience was polled with Tom
Guse and Warner Clark speaking against the variance as requested. After consideration, motion was
made by Cecil Femling, second by Steve Schierer and unanimously carried, to deny the variance as
requested noting that the granting of the variance as requested would establish a precedence for this lake
which has very little development.
jApril
John and LaVonne - Approved as requested with condition - (8:12 p.m.)
John and LaVonne Leick, Vergas, MN, requested the following: “Currently we have a 2.25 acre parcel and
a 4.75 acre parcel. We want to relocate an existing line. Current lot line runs through existing structure.
Propose a 3.2 acre parcel and a 3.8 acre parcel without platting.” The property is described as the North
280’ of the V7est 350’ of Government Lot 3 Easterly of Highway and the South 591.2’ of the North 871.2’ of
the West 350' of Government Lot 3 East of the Highway, Section 26 of Dunn Township by Franklin Lake.
The audience was polled with no one speaking for or against the request. After consideration, motion was
made by Cecil Femling, second by Bert Olson and unanimously carried, to approve the relocation of the
existing lot line which will result in the creation of a 3.2 acre parcel and a 3.8 acre parcel with the condition
that a regisle'ed surveyor’s drawing must be presented at the time of conveyance. Hardship is that the
existing lot line runs through existing structures.
Ann Marie Eckert - Approved as requested - (8:14 p.m.)
Ann Marie EcKert, Joseph Eckert and Bob L. Eckert Jr., Point Venture, TX, requested the following; “jack
up existing structure, repair and raise foundation 16”. Reason for work is existing structure is too low and
is rotting at the perimeter. Guest house is less than 2’ beyond the string line.” The property is described
as Lots 22 and 23, Augustana Beach First Addition, Otter Tail Lake in Amor Township. Dorothy Eckert
represented the applicant at the public hearing. The audience was polled with Sue Swenson speaking on
behalf of Jean Reynolds and she noted Jean Reynold's support of the variance as requested. After
consideration, motion was made by Cecil Femling second by Steve Schierer and unanimously carried, to
allow the apoiicant to raise the existing structure by 16” as stated in the application and in the area as
depicted on tne applicant’s drawing. It should be noted that the cabin would remain in the current footprint,
it was also noted that this variance approval is consistent with past actions of the Board of Adjustment and
the granting of the variance as requested will provide the applicant with an adequate opportunity to
maintain her property.
David and Carol Place - Approved as requested (8:24 p.m.)
David and Ca'^ol Place, Monterey, CA, requested the following: “We had a variance approved on 8/3/2000
to build an aodition to our cabin on Eagle Lake, a 10-ft by 40-ft addition to the backside away from the lake.
We are now olanning to add only a 10-ft by 28-ft addition along the length of the cabin but not including the
screened porch. The entrance to the cabin will be from the new addition side, and through the screened
porch. In order to avoid the addition looking line a “lean-to”, we need to replace the roof (which soon would
need replacing because of age) over the cabin and to include the roof over the new addition, raising the
ridge higher than it currently is. Our builder suggested that we rotate the roof 90 degrees to be able to
have a loft facing the lake (see diagrams). It would position the ridge of the roof perpendicular to the lake
rather than parallel. The ridge of the roof would be 16 ft high above the cabin. The construction will be
12/12 pitch, pre-built attic trusses. Since we have only a steep/high bank behind the cabin, and open
space to the east, and only one cabin directly west of us (and that cabin does not open toward our cabin
and they spend their outdoor time west of their cabin), our roof construction will not affect the view of any
other cabin or dwelling. The space between our cabins is used mainly for parking vehicles. Because of
the small size of our cabin we have only space for one bedroom in the cabin without diminishing the living
space, and this change would give us an attic loft for sleeping purposes when our five grandchildren visit,
or other guests. It would greatly increase the functionality of our modest cabin.” The property is described
as part of Government Lot 4, Section 11 and part of Government Lot 1, Section 14 of Eagle Lake Township
by Eagle Lake, The audience was polled with no one speaking for or against the request. After
consideration, motion was made by Cecil Femling, second by Bert Olson and unanimously carried, to
approve the applicant’s request as stated in the applicants’ application, in the applicants attachments to the
application and as depicted in the applicants’ drawings, which were submitted with the application. It
should be noted that the applicants’ proposal will not obstruct the view from the adjacent properties and
that the existing cabin will remain in the same footprint.
799129* “’ •%'
J
MEMORANDUM OF UNDERSTANDING(Easement and Maintenance agreement for Water and Sewer System)
We, the undersigned, , all of the owners of Lots Five (5), Six (6) and Seven (7), Albrecht's
Addition to Nirvana, located in the County of Otter Tail, State of Minnesota, do hereby covenant
and agree as follows;
WHEREAS, there is a water and sewer system used in common and for the benefit of all,
which water and sewer system services and is owned in common by all of the undersigned, even
though said water and sewer system might be located on tracts which might be owned completely
or partially by one or more of the undersigned; and
WHEREAS, the parties are desirous now, and in the future to have an agreement
between themselves and future owners of the above described lots, to maintain and upgrade said
water and sewer system and keep said water and sewer system in use to service the above
described properties in common; and
i
WHEREAS, each of the parties is desirous of entereing into an agreement which is
binding on each of the parties and all future owners of the above described tracts to maintain and
service said water and sewer system which is common to the above tracts and used by all of the
undersigned.
NOW THEREFORE, BE IT AGREED UPON THE PARTIES AS FOLLOWS:
1. The owners of Lots Five (5) and Six (6), agree to pay to the owner of Lot Seven (7)
the sum of $10.00 per month for each month that they occupy their premises as a partial
contribution to the owner of Lot 7 for electrical costs which are sustained by the owner of Lot 7
for the electricity used by the water pump located on Lot 7.
2. That each of the owners of Lots 5, 6 and 7 agree to share equally in all costs in
maintaining and repairing and/or upgrading the.water and sewer system used in common by the
parties.
3. That this memorandum of understanding's to be treated as a easement given by each of
the owners of the above described property to the other for purposes of maintaining and servicing
the water and sewer system located on the above described premises or any part of such. That
each of the owners of the above described prcinises do hereby give and grant to the other owners
ingress and egress to their respective properties for purposes of maintaining and repairing said
water and sewer system used in common by the owers of the above lots.
3. That the parties agree that this agreement shall be binding upon and inure to the benefit
of all future owners of Lots 5, 6 and 7 of Albrecht's Addition to Nirvana.
. J
yDated /
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')Dated
STATE OF MINNESTOA )
)ss
COUNTY OF OTT&?g^ HVfC )
jJT JUlY
On this ^ ( day of, before me a notary public in and for said state, personally appeared
I^OS^ -j /^/Jv jfJi
who acknowledged to me that he has read the above and executed liis signature and that the same are
true to the best of his knowledge, information and belief.^ieassse»jf»^»»«e»jpsse»^.af!ks^
MILTON T. PAULSON » V(fpiwiia NOTABYPUBLIC-MINNESOTA is /') ,OTTER TAIL COUNTY 8/ //
g My Commission Expires Jain. 31.2000fesiiaaasaBftcagisiesgeaBagaasgges y
otary Public
STATE OF ^1IN^JEST0A )
)ss
COUNTY OF TA-^c )
<j: Tu.lVOn this J' day of, before me a notary public in and for said state, personally appeared
/^o<?e7^■l ^atftv>VA^T<2- 4 SctHuTn.>t.rz- 4 Iu(u^Aau MArz.(c<s-
who acknowledged to me that he has read the above and executed his signature and that the same are
true to the best of his knowledge, information and belief
ooQgaaaaaaaagggaaaagaaaagigggt;
MILTONT. PAULSON {S\ NOTARY PUBLIC-MINNESOTA !
OTTER TAIL COUNTY
» MyCommission Expires Jan. 31.2000 .
8g!8^^88^88ae^8S^^^3g^^^8S8gS^Qr
STATE OF MINNESTOA )
)ss
COUNTY OF orm, TK^I )
On this ? ~ day of | before me a notary public in and for said state, personally appeared
MA rz.(c.£r~-6e//c<h 'nee-
who acknowledged to me that he has read the above and executed his signature and that the sameare^'""^'^
true to the best of his knowledge, information and belief p ‘-
g8828888888888eaa8ggS«aRaggS8a MILTON I PAULSON
notary PUBLIC-MINNESOTA 1
OnaTAILCOUNTY _ ...MyCommissionExpiresJai.31,2000 5 Notary Public!/
Office or Couniy Recorder
County of Otter Tail
I hereby certify that the within instrument was filed
for record in this office sr tha_„^„/day of
--------A.D. lB.flL"___aljSi35Vil^o
and was duly Microfilmed ns Doc.#739i<<-y
L
lunty Recorder
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