HomeMy WebLinkAbout41000990280000_Variances_05-06-2004Variances
Barcode 128
S-0?-20CH
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was fiied/recorded in this office
for record on the_/ZiiL.day of
2004 atZM0_4Spm
Wen^j^e^i^o^^ Recorder
953685
953685
recording fee
well certificate
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER received
APR 1 2 2004
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
y\ND & RESOURCE
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DAYTIME PHONE g/2
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
. Accepted By / Date
PROPERTY OWNER MaitK D/S
vr. Ta nsnn^MAILING ADDRESS L<i
LAKE NAME LAKE CLASS R DLAKE NUMBER -^4- [^f
SECTION CS TOWNSHIP 13:? RANGE /O:?*? TOWNSHIP NAME A/;Aar(S^
/Ft- t -i-Auru fit ( At'e*1E-911
ADDRESS 43^76 9 3a O SI.. A/AT
PARCEL
NUMBER K O 0/^0 f
LEGAL DESCRIPTION
C35') <3^ A/iI F*vC<f
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED Please ^ i
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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.
SIGNATURE OI^OPERTY OWNER
^'1 -QlX
DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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6 yPaoV'/?/n.Date Of Hearing Time
Motion
Mark DeRuyter - Approved the variance as requested with a condition. (8:25 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried,
to approve a variance of 14’ from the required ordinary high water level setback of 20’, a variance of 47’ from the
required side lot line setback of 65’ and a variance of 20’ from the required road right-of-way setback of 20’ for the
placement of a 5’ by 10’ water oriented accessory structure 6’ from the ordinary high water level, 18’ from the easterly
lot line and 0’ from the road right-of-way contingent upon the applicant receiving approval of the proposed location
from Nidaros Township. The approve location should place this replacement structure in approximately the same
location as the existing sWcture and should not impact the easement. The Board noted that the variance as
approved will not alterjthe existing^haracteristics of the property.
c'GJjairman/Otter Tail County Board of AdjiMment
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 • Viclof Lundeen Co . Printers • Fergus Falls. Minnesota
Replacement in same location of existing 7x10 foot water-oriented accessory structure (shed)
with a 5 X 10 structure of similar nature. Structure is used to store motors, posts to support dock
sections, life preservers, fishing geeir, maintenance equipment, etc. Present shed is 70 plus years
old and was evidently constructed with a two inch concrete base. Over the years fluctuating lake
levels, interaction of water and ice have caused the adjoining shoreline to heave and buckle
resulting in an ice ridge which, in turn, broke up the concrete base and tilted the shed
back at an approximate 25 degree angle (Atch A). Over time, the concrete pieces have been
disposed of leaving a dirt base and the shed is now basically a free leaning structure. The ice ridge
has shifted to such an extent that the front of the shed has bowed inward constituting a pending
collapse. Meaningful repair of this shed is not feasible. The foregoing situation is due to
circumstances unique to the property and not created by the petitioner.
The location of the structure is not an issue as the facts do not present much flexibility.
Reviewing the attached partial plat reveals that Lot 25 is a uniquely shaped lot located within the
shoreland area. It is approximately 60 feet wide at its deepest point and less than 15 feet at its
narrowest point. That part of Lot 25 west of the present structure constitutes a steep slope
extending from the township road to the shore of Stuart lake and therefore incapable of any use or
accommodating a structure of any kind or size. The remaining 18 foot wide space east of the
structure constitutes the only part of Lot 25 providing access to the lake. The closest dwelling
(Lot 9) west of present structure is located approximately 250 feet away and the closest building
of any type east of the structure is 350 feet away. The present structure is not visible from either
of the aforementioned locations. Unfortunately, relocation is simply not an option.
Redfuest approval to replace the existing structure with one of similar nature made on site of
wood and pier/beam base or a relocatable building of metal/vinyl using a like floor/pier 8) .
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BK — 0403 313.987 ■ Victor Lundeen Co.. Printers * Fergus Falls. MN • 1-600-346'4670
May 6, 2004
Pa.ge U 4
Bryan and Brenda Fredrickson - Denied the requested variances for the proposed garage.
Approved with conditions the variance as requested for the
addition and approved a modified location for the garage. (8:08
p.m.)
Bryan and Brenda Fredrickson, Lots 1 and 2 Elmwood, Loon Lake in Candor Township, requested a
variance of 6’ from the required side lot line setback of 10’ and a variance of 48’ from the required ordinary
high water level setback of 100’ for the placement of 24’ by 24’ garage 4’ from the lot line and 52’ from the
ordinary high water level. Also, requesting a variance of 60’ from the required ordinary high water level
setback of 100’ for a 14’ by 24' addition to the dwelling 40’ from the ordinary high water level. Chairman
Mann polled the audience with no one speaking for or against the variance as requested. A letter from
Curtis and Connie Gudegahn opposing the variance as requested was read for the record. After
discussion and consideration, Cecil Femling made a motion, second by Robert Schwartz and unanimously
carried to deny the variances as requested for the proposed 24’ by 24’ garage noting that there is adequate
room to place the garage at least 10’ from the side lot line. After additional discussion and consideration,
Paul Larson made a motion, second by Steve Schierer and unanimously carried to approve a 14’ by 24’
addition to the roadside of the existing dwelling as depicted on the applicants’ drawing and to approve the
placement of a garage no closer to the ordinary high water level than the roadside of the proposed dwelling
addition with the following conditions: 1.) the existing garage and lean to must be removed prior to the
issuance of a site permit for the proposed development and 2.) no other variances will be granted for the
proposed garage.
Mark DeRuyter - Approved the variance as requested with a condition. (8:25 p.m.)
Mark De Ruyter, Lot 25 Nirvana, Stuart Lake in Nidaros Township, requested a variance of 14’ from the
required ordinary high water level setback of 20’, a variance of 47’ from the required side lot line setback of
65’ and a variance of 20’ from the required road right-of-way setback of 20’ for the placement of a water
oriented accessory structure 6’ from the ordinary high water level, 18’ from the easterly lot line and 0’ from
the road right-of-way. A letter from Thomas C Johnson and emails from Richard L Johnson, Kristin M
Brindle-Christensen and Lynn Dierberger were read for the record. Chairman Mann polled the audience
with Don Johnson. Harriet Johnson and Leon Boehland expressing concerns that there easement on Lot
25 not be impaired by the proposed development. After discussion and consideration, Steve Schierer
made a motion, second by Cecil Femling and unanimously carried, to approve a variance of 14’ from the
required ordinary high water level setback of 20’, a variance of 47’ from the required side lot line setback of
65’ and a variance of 20’ from the required road right-of-way setback of 20’ for the placement of a 5’ by 10’
water oriented accessory structure 6’ from the ordinary high water level, 18’ from the easterly lot line and 0’
from the road right-of-way contingent upon the applicant receiving approval of the proposed location from
Nidaros Township. The approve location should place this replacement structure in approximately the
same location as the existing structure and should not impact the easement. The Board noted that the
variance as approved will not alter the existing characteristics of the property.
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