HomeMy WebLinkAbout42000270235000_Variances_05-08-19851
APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA
638063
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Street & No.City State Zip No.
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Sub-Division Name:
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Parcel Number
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In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICIAIMT SHALL BE PRESENT AT THE SCHEDULED HEARING.
19^^ . XAf<F7^Application dated
Signature of Applicant
— DO NOT USE SPACE BELOW—
Date of hearing 19,Time M.
Court House, Fergus Falls, MN. 56537
DEVIATION APPROVED this______
(OR ATTACHED) REOU!REMENTS:
day of_, 19 WITH THE FOLLOWING
Ls'Lsl 3s(pLY'OLj^
Office of County Recorder (CXflu-A-N County of Otter Tail
I hereby certify Uwl the wi-fe'iin instru-
mem was filad in tbs office tw record
on the —^^ day cf jt
A.D. iSpiSTL. & -AA__o'clock
and
County RecorderS7-p/j^^\Signature:
Chairman
Otter Tail Board of Adjustment..Oeput;MKL 0483 - 001
2I5601@
VICTOO LUNOCEN CO., P"IHT£RS, f£»0uS ‘*LLS. UINN.
1
RRl Box 123
Pelican Rapids, MN 36572
28 April 1985
County Board of Adjustment
Otter Tail County Courthouse
Fergus Falls, Minnesota 56537
RE: Application for a Variance made by Clifford Treinen, Pelican Rapids
Dear County Board of Adjustment:
We object to granting the requested vairiance.
Minnesota Statutes Chapter 39^*27) subdivision 7 states:
Variances shall only be permitted when they are in harmony-
with the general purpose and intent of the official control in
cases when there are practical difficulties or particular hard
ship in the way of carrying out the strict letter of any offi
cial control, and when the terms of the variance are consistent
with the comprehensive plan,. "Hardship" as used in connection
with the granting of a variance means the property in question
cannot be put to a reasonable use if used under the conditions
allowed by the official controls; the plight of the landowner
is due to circumstances unique to his property not created by
the landowner; and the variance, if granted, will not alter
the essential character of the locality
• • •
• • •
We intend to show that the "practical difficulties or particular hard
ship" that Mr. Treinen claims are insufficient grounds to grant a
variance based on the law.
Mr. Treinen has requested a variance to build at 110 feet fromithe
shoreline instead of the required 200 feet based on three things;
1) trees he does not wish to remove
2) a driveway which would be a problem because of the "low" area
3) a hill which drops off
1) The trees in question are basswoods and elms. There is one oak
located at about 170 feet which would not have to be harmed if the
house were located at 200 feet. Furthermore, there are 400 feet of
mature tjorees directly behind the 200 foot site on Mr. Treinen's
property and an additional 200 feet of trees behind that on the ad
jacent property. Removal of the trees would not affect the quality
of the site.
1
2) The "problem” with the driveway is inspecific, a) If drainage is the
problem being referred to: in order to get to either the 110' site or
the 200' site, the driveway has to cross an area as low as the 200' site
(see elevation map). If the road can be constructed to pass the first
"low" area, it most certainly csin be constructed to get to the 200' site,
b) If snow drifting is the problem: we believe a road could be constructed
to minimize this. The cost would probably be greater, but it could be
done with minimcil aesthetic damage.
3) The hill drops off approximately ten feet from the 110' point to the
200' point. The elevation at the 200' site is well above the water level
and would be a suitable house site that would allow reasonable use of
the property.
We do not believe that Mr. Treinen has established either practical diffi
culty or particular hardship. Therefore, without this establishment, it
is not within the law to grant a variance
However, if it is deemed that a hardship does exist, we suggest that Mr.
Treinen is creating it himself by choosing this particular site and ig
noring the many other possibilities his 79 acres with over one half mile of lakeshore offer him. He ,is in no way restricted by a small parcei of
land. Other sites are available on his property that would comply with
the regulations.
The law states specifically that "the variance, if granted, will not alter
the essential character of the locality." The essential character of the
Lake Jacobs lake and shoreline is like that of Maplewood State Park -
hardwood forest interspersed with meadows. It is basically undeveloped.
A house located on the requested hill site at 110 feet from the shore
v/ould stick out like a sore thumb and could never fit in with that essential
character of a natural environment lake.
The intent of the law restricting building on natural environment lakes
like Lake Jacobs is not only to protect those delicate lakes from pollu
tion and overcrowding, but also to protect and maintain the beauty of the
natural shoreline for the enjoyment of those people using the lake. In
this particular instance the natural beauty of the shoreline would be
spoiled by allowing a house to be built that violates the regulations.
Therefore, we request most sincerely that a variance not be granted.
Sincerely,' / /
!!i/^I-
Kim Claypool and Carol Schmidt
Adjacent Landowners
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OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA)
SS
COUNTY OF OTTER TAIL)
I: Sylvia G. Bergerud, Secretajry for the Board of Adjusttnent for Otter
Tail County, Minnesota do hereby certify that on the
1985
Clifford Treinen, Rt. 1, Pelican Rapids, MN. 56572
Harold Marty, Twp. Cleric of Norwegian Grove, Rt. 1, Pelican Rapids, MN. 56572
Leonard Hovland, Rt. 1, Pelican Rapids, MN. 56572
Kimberly J. Claypool & Carol F. Schmidt, rt. 1, Pelican Rapids, Mn. 56572
John Boen, Pelican Rapids, MN.56572
Michael & Ann Boen, Pelicah Rapids, MN. 56572
day of April
, the attached Notice of Hearing was duly served upon the following:
15th
56537DennisiBerend, County Engineer, Court House, Fergus Falls, MN.
Barbara B. Donoho, Rt. 1, Dent, Mn. 56528
Mr. Terry Lejcher, DNR, 1221Jj E. Fir Ave., Fergus Falls, Mn. 56537 ■
Department of Natural Resources, Regional Headquarters, Route 5, Bemidji, MN^ 5660]
Town Board Chairman or Clerk
Board of Adjustment:
Craig Anderson, R.R., Ottertail, MN. 56571
John Everts, Route 2, Battle Lake, Mn. 56515
George Walter, Route 1, Perham, Mn. 56573
June Ryan, 318 W. Spruce, Fergus Falls, MN. 56537
Roger Marty, Pelican Rapids, MN. 56572
Marcus Wiechmann, 2425 Lakeview Dr., Fergus Falls, MN. 56537
by placing a true and correct copy thereof in a sealed envelope, postage prepaid,
and by depositing the same in the U. S. Mail at Fergus Falls, Minnesota, properly
addressed to each of the above named at the addresses shown above.
April 15th, 1985Dated
OTTER TAIL COUNTY
Eercus Falls, Minnesota 56537
NOTICE OF HEARING FOR VARIANCE
APPLICANT ^nJST BE PitESENT AT SCHEDULED HEAPING
TO WHOM IT MAY CONCERN:
Clifford Treinen
Route 1
Pelican Rapids, MN. 56572
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 or the
The Otter Tail County Board of Adjustment will assembleSubdivision Controls Ordinance.
19 85 , at 7;00 p.m., in the CommissionersMay 2ndfor this hearing on
(Please use Law EnforcementRoom of the Otter Tail County Courthouse, Fergus Falls, MN.
entrance).
This notice is to advise you that you may attend.the above hearing and express your
views on the variance requested.
The property concerned in the application is legally described as
G.L. '5 & 6 & Sv^h NW^s Ex. 5 ac.(Total ac. approx. 80)
56-10^bee .;27 136 Range No3Twegian GroveTwp. NameLake No.Twp.
Lake Name Jacobs Class NE
The variance requested is:
The hill where I want the house is aboutt25' above the lake and about 110' back
(should be 200').
trees I don't want to remove if possible not tot The driveway to the house would also b
become a problem because of the low area.
If I go back any farther the hill drops off and there are large
i
Board^of Adjustment S^tretary
April 15, 1985Dated:
/
MINUTES OF THE MEETING
OF THE
OTTER TML COUNTY BOARD OF ADJUSTMENT
May 2, 1985
The Otter Tail County Board of Adjustment met Thursday, May 2, 1985,
with George Walter, Craig Anderson, Roger JV^rty, tiarcus Weichmann, June F^an’^^d
John Everts being present.Chairman Walter declared the minutes of the April 4th
meeting approved with the correction to reflect June Pyan being present.
Ihe following applications for variance were considered;
VjClifford Treinen, Pelican Rapids, MN, requested permission to construct dwelling
110' frcm lake, in G.L. 5 & 6, & of Section 27, Norwegian Grove Township.
Also speaking were Carol Schmidt, Harold Flarty and Larry Buhr.
motion was made by John Everts to deny the reqi:iest, no- adequate hardship shown.
\
Af-ter consideration,
with plenty of land on this acreage, bearing in mind the idea of the Natural Eirviron-
ment lake with the required set back of 200', and -the desire to build closer to lake
should be taken into consideration tpon purchase of property at a location that allows
The motion was seconded June I^an, and carriedfor construction closer to lake.
with Roger I4arty abstaining.
Arnold & Verlie Barnhart, Rochert^: MN, reqijested permission bo construct garage and
porch onto house, 5' from property line, on Lot 6, Nelsons Perfect Beach, Corliss
Motion was made ty Craig Anderson to table for further consideration byTownship.
The motion was seconded by George Walter and carried unanimously.property owner.
Reuben H. Brand, Bamesville, MN, requested permission to construct a 20' addition
to cabin on Lot 10, Sunset Beach, Dunn Township, 8' from lot line,
tion, motion was made by Marcus Weichmann to appro-ve, on the condition the outdoor
bif:fy be removed and the pit filled, hardship being a pre-ordinance substandard lot
of record, no precedence being set with a number of the cottages in the area with
The motion was seconded by Roger Marty and carried unaninously.
After considera-
similar situations.
Phyllis Zender, Fergus Falls, MN, requested permission to construct a guest house
on a 2 acre parcel in G.L. 3, Section 19, Girard Township,
moticn was mde ty Roger Marty, seconded by Craig Anderson and unanimously, to deny
request, no adequate hardship shown.
After consideration.
/
MINUTES OF THE MEETING
OF THE
OTTER TML COUNTY BOARD OF ADJUSTMENT
May 2, 1985
The Otter Tail County Board of Adjustment met Thursday, May 2, 1985,
with George Walter, Craig Anderson, Roger Marty, Marcus Weichmann, June T^an\^d
Chairman Walter declared the minutes of the April 4th
meeting approved with the correction to reflect June Ryan
John Everts being present.
being present.
The following applications for variance were considered;
Clifford Treinen, Pelican Rapids, MN, requested permission to construct dwelling
110' from lake, in G.L. 5 & 6, & SW^^ of Section 27, Norwegian Grove Township.
Also speaking were Carol Schmidt, Harold ?1arty and Larry Buhr.
motion was made by John Everts to deny the request, nov adequate hardship shown,
with plenty of land on this acreage, bearing in mind the idea of the Natural Environ
ment lake with the required set back of 200', and the desire to build closer to lake
should be ta]<en into ccaisideration vpon purchase of property at a location that-allows
The motion was seconded by June I^an, and carried
After consideration.
for construction closer to lake.
with Roger I4ar1^ abstaining.
Arnold & Verlie Barnhart, Rochertj- NN, requested permission to construct ^ garage and
from property line, on Lot 6, Nelsons Perfect Beach, Corliss
Motion was made by Craig Anderson to table for further consideration by
porch onto house, 5
Township.
The motion was seconded by George Walter and carried unanimously.prcperty owner.
Reuben H. Brand, Bamesville, MN, requested permission to construct a 20' addition
to cabin on Lot 10, Sunset Beach, Dunn Township, 8' from lot line,
tion, motion was made by Marcxos Weichmann to approve, on the condition the outdoor
biffy be removed and the pit filled, hardship being a pre-ordinance substandard lot
of record, no precedence being set with a number of the cottages in the area with
The motion was seconded by Roger Marty and carried unanimously.
After considera-
similar situations.
Phyllis Zender, Fergus Falls, MN, requested permission to construct a guest house
on a 2 acre parcel in G.L. 3, Section 19, Girard Township. After consideration,
motion was made Roger Marty, seconded by Craig Anderson and unanimously, to deny
request, no adequate hardship shown.
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OTTER TAIL COUNTY BOARD OF ADJUSTMENT
June 6, 1985
The Otter Tail County Board of Adjustment met Thursday, June 6, 1985,
with the following mesitoers in attendcince;
George Walter
Roger Marty
John Everts
Craig Anderson
Marcus Wiechmann
June I^an
Chairman Walter opened the meeting at 7:00 p.m and hearing no objec-• /
tions or corrections to the minutes of the May 2nd meeting, declared same approved eis
nailed.
Motion was made by John Everts, seconded by Roger Marty and unanimously
carried, to schedule the July meeting for the 11th rather than the 4th.
The following applications for variance were considered:
Colleen Kay Buhr, Buffalo, ND, requested permission to move a 12' x 20' garage to a
location 1\ feet frcsn property line, on lot 2, Siefert Beach, Dunn Township,
made by Craig Anderson, seconded by Roger Marty and unanimously carried, to grant variance
as requested.
Harvey H. Greuel, South Fargo, ND, requested permission to leave a garage as presently
located 18" frcm lot line, on Lot 1, Seifert's Beach, Dunn Township.
Roger Marty, seconded by Craig Anderson and unanimously carried, to grant the 9
as requested, hardship being a substandard lot with severe drainage problotis.
,/blifford Treinen, Pelican Rapids, MN, requested permission to construct dwelling 125'
from lake on a parcel of land in G.L. 5 & 6 and SW%NW% of Section 27, Norwegian Grove
Speaking in favor were the Norwegian Grove Town Board, Irvin Johnson and
Motion was
Motion was nade by
variance
Township.
Leonard & Birdella Hovland, speaking against, Carolyn Schmidt.After consideration,
notion was made by John Everts to deny approval, no adequate hardship shewn.The
motion was seconded by Marcus Wiechmann and carried with Roger Marty voting "no".
Perham, MN, requested permission to convey a parcel of less thanPerham Oasis, Inc • f
2H acres without platting out of the SE^®^ of Section 22, Perham Township.
Oasis was represented by Don Stoerring,
Perham
After consideration, motion was made by Cradg
The motion was seconded byAnderson to deny, no adequate public access on record.
Roger I4arty and carried with George V4alter voting "no".
RRl Box 123
Pelican Rapids, MN
2 June 1985
County Board of Adjustment
Otter Tail County Courthouse
Fergus Falls, Minnesota 56537
RE: Application for a Variance made by Clifford Treinen, Pelican Rapids
Dear County Board of Adjustment:
We object to granting the requested variance.
Minnesota Environmental Rights Law (MERE) Chapter 116B.01 states the purpose of
the legislation to be:
The legislature finds and declares that each person is entitled
by right to the protection, preservation, and enhancement of air,
water, land, and other natural resources located within the state and
that each person has the responsibility to contribute to the protec
tion, preservation, and enhancement thereof. The legislature further
declares its policy to create and maintain within the state conditions
under which man and nature can exist in productive harmony in order
that present and future generations may enjoy clean air and water,
productive land, and other natural resources with which this state has
been endowed. Accordingly, it is in the public interest to provide an
adequate civil remedy to protect air, water, land and other natural
resources located within the state from pollution, impairment, or des
truction.
Minnesota Environmental Rights Law Chapter 116B.07, Subd. 2 states:
In any such administrative, licensing, or similar proceedings,
the agency shall consider the alleged impairment, pollution, or des
truction of the air, water, land, or other natural resources located
within the state and no conduct shall be authorized or approved which
does, or is likely to have such effect so long as there is a feasible
and prudent alternative consistent with the reasonable requirement
of the public health, safety, and welfare and the state's paramount
concern for the protection of its air, water, land, and other natural
resources from pollution, impairment, or destruction,
siderations alone shall not justify such conduct.
Economic con-
"Scenic and esthetic resources" (MERL 116B.02 Subd. 4) are natural resources that
the state feels worthy of protection. Regulations specifically protecting these
resources are the 200' setback and the 30' height limitation on buildings.
Mr. Treinen has applied for a variance on approximately 80 acres with approximately
.6 mile of lakeshore. On his lakeshore, there are many "prudent and reasonable
alternatives" (to the proposed building site) consistent with the building regu
lations .
Due to the facts that 1) the proposed site i® on an outjutting exposed hill with
only a single row of small trees on the lakeshore side and 2) consequently, the
L-shaped 50' X 50' structure will have lake exposure on both 50' sides, the house
will definitely impair the lakeshore's natural scenic beauty. (See photo, elevation
map and aerial view.) It would also provide a precedent for future variances which
would further impair that natural resource.
Minnesota Statutes Chapter 394.27, Subdivision 7 states:
... Variances shall only be permitted when they are in harmony with the
general purpose and intent of the official control in cases when there
practical difficulties or particular hardship in the way of carrying out
the strict letter of any official control and when the terms of the var
iance are consistent with the comprehensive plan ... the plight of the
landowner is due to circumstances unique to his property not created by
the landowner; and the variance, if granted, will not alter the essential
character of the locality... No variance may be granted that would allow
any use that is prohibited in the zoning district in which the subject
property is located...
This variance would not be "in harmony with the general purposes and intent of the
official control". It would impair the scenic beauty of the area.
The essential character of Lake Jacobs lake and shoreline is like that of Maplewood
State Park - hardwood forest interspersed with meadows. It is basically undeveloped.
A house located on the requested hill site would spoil the natural beauty of the
shoreline and never fit in with the essential character of a natural environment lake.
The law also states: "No variance may be granted that would allow any use that is
prohibited in the zoning district in which the subject property is located." The
Otter Tail County Subdivisions Control Ordinance Chapter 111, Subdivision 2d states:
"No lot on the preliminary plat shall be approved if in the opinion of the Planning
Commission the lot roes not provide adequate access or an adequate building site
meeting the requirements of all rules and regulations in the Ordinance and the
Shoreline Management Ordinance of Otter Tail County." If this variance is granted,
it will allow a lot to be created that is prohibited by County ordinance.
In summary:
1) Alternatives are available to the proposed building site (MERL Ch. 116B.07, sub.2)
2) A building on the proposed site would impair the natural resource of scenic beauty
of the lakeshore and provide a precedent for future variances that would further im
pair that beauty. (MERL Ch. 116B.07, sub.2; MERL 116B.01)
3) The variance is not in harmony with the general purpose and intent of the official
control and would alter the essential character of the natural environment lake.
(MN Statutes Ch. 394.27 sub. 7)
4) Granting this variance would allow a use that is specifically prohibited in the
Otter Tail County Subdivisions Ordinance. (MN Statutes Ch. 394.27 sub. 7; Otter Tail
County Sub. Ord. Ch. Ill, sub. 2d)
Based on these points, it is not within the law to grant this variance and we res
pectfully request that it not be granted.
Sincerely
Carol Schmidt & Kim Claypool, Adjacent Landowners
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OTTER TAIL COUNTY
rer^us Falls, Minnesota 56537
NOTICE OF HEARING FOR VARIANCE
APPLICANT IfUST BE PJIESENT AT SCJIEDLLED HEAKING
TO WHOM IT MAY CONCERN:
Clifford Treinen
Route 1
Pelican Rapids, MN. 56572
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 or the
The Otter Tail County Board of Adjustment will assembleSubdivision Controls Ordinance.
p.m., in the Commissionersfor this hearing on 19 85 , at 7:00June 6th
(Please use Law EnforcementRoom of the Otter Tail County Courthouse, Fergus Falls, MN.
entrance).
This notice is to advise you that you may attend the above hearing and express your
views on the variance requested.
The property concerned in the application is legally described as
GL 5 & 6 & SW% NW^S EX. 5 acres
(Total approx. 80 acres)
Norwegian Grove1364456-1039 27 ■
Lake No.Twp. NameSec.RangeTwp.
NEJacobsLake Name Class
;The variance requested is:
Requests Permission to build 125' from lake rather than the required 200'.
1
;
ad f3.May 20, 1985 IBated: 'Ll
Boar'f Adjustment Sec tary
!
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA)
SS
COUNTY OF OTTER TAIL)
I Sylvia G. Bergerud, Secretary for the Board of Adjustment for Otter
day of May
, the attached Notice of Hearing was duly seirved upon the following:
20thTail County, Minnesota do hereby certify that on the
1985
Clifford Treinen, Rt. 1, Pelican Rapids, Mn. 56572
Harold Marty, Twp. Clerk of Norwegian Grove, Rt. 1, Pelican Rapids, MN. 56572
Leonard Hovland, Rt. 1, Pelican Rapids, MN. 56572
Kimberly J. Claypool & Carol F. Schmidt, Rt. 1, Pelican Rapids, MN.56572
John Been, Pelican Rapids, MN. 56572
Michael & Ann Boen, Pelican Rapids, MN. 56572
1
56537Dennis:;Berend, County Engineer, Court House, Fergus Falls, MN.
Barbara B. Donoho, Rt. 1, Dent, Mn. 56528
Mr. Terry Lejcher, DNR, 1221^ E. Fir Ave., Fergus Falls, Mn. 56537
Department of Natural Resouirces, Regional Headquarters, Route 5, Bemidji, MN . 56601
Town Board Chairman or Clerk
Board of Adjustment:
Craig Anderson, R.R
John EVerts, Route
George Walter, Route 1, Perham, Mn. 56573
June Ryan, 318 W. Spruce, Fergus Falls, MN. 56537
Roger Marty, Pelican Rapids, MN. 56572
Marcus Wiechmann, 2425 Lakeview Dr., Fergus Falls, MN. 56537
Ottertail, MN. 56571
2, Battle Lake, Mn. 56515• r
by placing a true and correct copy thereof in a sealed envelope, postage prepaid,
and by depositing the same in the U. S. Mail at Fergus Falls, Minnesot-a, properly
addressed to each of the above named at the addresses shown above.
Dated May 20th, 1985
t