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Home My WebLink About12000990321000_Variances_03-05-2010Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was filed/recorded in this office record on the ^ day of P 2010 at //JQ 1073042 for m recording fe^ weli certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER 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 .3 7AM J‘i5A%± Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date /O^O- , ^.Q. •g>Q% /^- LrrThs Lkt&, PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS &T)5b-IHS,LAKE NUMBER ___LAKE CLASS CC)^LK\ LAKE NAME 515/157SECTIONTOWNSHIP RANGE TOWNSHIP NAME lAOOD^^b^^l 000 }A 03^^0 00 oonffOS<^ PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size____Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Last fall we were issued a building permit to construct a 30’ X 56’ garage on the back lot of our lake property on the east shore of Little Pine Lake. This lot according to our abstract is 60’X 200’. However, prior to beginning construction, we became aware of a 2002 survey that indicates that the road (Benny Lane) which runs between our lake shore property and back lot is not where the abstract indicates that it should be. It is actually about 8’ farther easL indicating that our main lakeshore property is in reality on the road! It is our intention to maintain a 20’ setback from the road as required by the county ordinance. We feel that a structure any closer to the road would be a hindrance to snow removal. However, to keep a 20’ setback from the actual location of this road, our structure will come within approximately 2’ of the adjacent back property. We are therefore requesting a variance from the 10’ setback in order to construct our garage/storage shed. ^gtSiatTS-r th -.V " •(( I UNDERSTAND THAT ^ MANAGEMENT ORDl/JANCE.'SUBDiyidiO .VE APPLIEQ FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND ONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER F RESOURCE MANAG^ENT REG^DI !mits may be required, it is my responsibility to contact land & THIS MATTER. ||^ERTY\)WNE* / AGENT FOR OWNER I SIGNATURE 01 DATE APPLICANT MUST BE PRESENT AT THE HEARING ^ (Applicant Will Receive Notification As To The Date/Time Of Hearing) Aoe<l f-d /ro)<^0/0Date Of Hearing Time Motion Geoffrey D and Pamela F Bentley - Approved the variance application as modified. (6:37 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried^to approve a variance of 4' from the required lot line setback of 10’ for the placement of a garage on the applicants' back lot 6' from the east lot line and at least 20’ from the legal road right-of-way of Benny Lane. The specific size of the proposed structure was not addressed; however, the variance as approved does not directly or indirectly grant any other variances for the proposed development. It was noted that the variance as approved will provide the applicant with a reasonable use of their property, will provide adequate area on the east side of the proposed structure for future maintenance of the structure and should provide adequate area between the existing road, which is not located within the legal road right-of-way and the proposed structure for road maintenance; ho}a^ever, the applicants might warit-te-eortsidettlie overall size of the structure if they are concerned that the structure will bejo^close tf/the existing road for sfr6w removal purposes. Hardship/practical difficulty is the location of the road which is notv/ithin thecal road righ>o^ay. / ^ Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management j^/^es (Contact Land & Resource Management) ^ IcMLalb lol^-jo^jNo 'Mu>i7utjtLdL) ^"^33d9^' Qvtmdr’=(- dkducMyTt^ mnuub<S,'dv hJlAHMxD. ^NIqIioCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329.512 - Victor Lundeen Company, Fergus Falls, Minnesota - - 'A- ,!CERTIFICATE OF SURVEY IN GOV'T. LOT 1 or SECTION 31-137-38 OTTER TAIL COUNTY, MINNESOTA North Une of Section 31-137-38 ^ of 66' wide created public road easementroads Meander Corner No. 13 North quarter corner of Section 31-137-38 bPoint D V cvOr-^ tt Legend Denotes Meander Corner. ® = Denotes railroad spike set, O = Denotes Iron nonunents set narked with Minnesota Registration No. 12004. Orientation of hearing systen Is assuned. Scale 1 Inch = 100 feet. I - IPenthouseTRACT A-1 ■ 6.39 ACRES Iw N r\ Vj This line is 60.00'feasterly of and kparallel with the ;easterly line of100100 graphic 0 scale the alley.s createdO Kpublic road easement & I I ^LITTLE \ wetlands iQc^ §PINE I— — «-i5M92g///I 3:/-4C/\__ 12 Point C /, i 1✓/\•0‘"IIEasterlyILAKE\Surveyor! Roy A. Smith and Associates 522 W Main St Detroit Lakes, MN 56501 \W/Iextension 3T\East line of Gov't. Lot 113of the \<3CX southerly line of ___ __o \/ Ul"sr>?iinooO)14h-Lot 12 /£//_+> ^ \JyU W X72.32' \1/Q 5?-X15 TRACT B ^ 5.01 ACRES Owner) Don Tomlinson 46823 Benny Road Perham, MN 13' created \\ii^alleyeasement /u t161____1 -*\rs5 mCO\v-■\w^ WkPoint Bd)fishac317cleaning house :c-----^ ig ----Ul----------- '' s\8^f9‘06“ W 2J9.72'-- ^^72.0^ 9 154.72' \w oo*5i'23' y ^ ^75.00' Point E—^ ^ s TOr- "*A\ <3 K /— 280.03'------181.18' North-South quarter line of Section 31-137-38546.21'—----S 89*13'06' WNo vicinity map shown as all significant Section and 1/16 th lines are ^own.20 13.00'TRACT A-2 TRACT C 0.89 ACRES 0.15 ACRES to TRACT B> W/1----------------121hzz— — —wetlands l~ZJ^I hereby certify that the subdivided tracts meet the Otter Tall County requirements for public road access and sewage treatment systems.~~Z 400.00'123 nW/OWNER South Une of Gov't. Lot 1 (determined by mean bearing) \W/ //1/c I N 89*19'06' EI hereby certify that this survey, plan, or rep was prepared by me or under my ect sbpervisi % fve and that 1 an a duly Regls- r the laws of the o.Southeast corner of Gov't. Lot 1 tere Stat,o.z_ Reg. No.Datefln..w * <<o .V. 91 T6130-12R ; % i ■ i 5’SNo.N.F. FIELD ABSTRACT COMPANY INC., Fergus Falls, MN NATURE OF INSTRUMENT PAGERECORDED IN BOOK OF DATEFILED Warranty Deed Document No. 687569 P.M.MONTH YEARDAYYEAR A.M.DAY MONTH 2:30 198931 May 18 May1989 Grantor: Robert E. McKibben and Eunice M. McKibben, husband and wife Grantee: Geoffrey D. Bentley and Pamela F. Bentley, as joint tenants Consideration: $ For Valuable Consideration DESCRIPTION Lots 9 and 10 of K.B. Beach and that part of Government Lot 1, Sec. 31-137-38, described as follows, to-wit: Commencing at the Easternmost (Southeastern) comer of Lot 12 of K.B. Beach; thence Northeasterly on the continuation Northeasterly of the Southerly boundary of Lot 12 of said K.B. Beach a distance of 20 feet, more or less to the easterly boundary of the platted alley (roadway) in said K.B. Beach, the point of beginning; thence continuing Northeasterly on said continuation Northeasterly of the Southerly boundary of said Lot 12 of K.B. Beach a distance of 60 feet; thence Northwesterly on a line parallel to and 60 feet distant, measured at right angles, from said Easterly boundary of the platted alley of K.B. Beach a distance of 200 feet; thence Southwesterly on a line parallel to the continuation Northeasterly of the Southerly boundary of said Lot 12 of K.B. Beach a distance of 60 feet more or less to said Easterly boundary of the platted alley in K.B. Beach; thence Southeasterly on and along said Easterly boundary a distance of 200 feet more or less to the point of beginning and there terminating. That said tract is to become, now and forever, a part of Lots 9 and 10 of K.B. Beach not to be severed therefrom. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: easements, restrictions and reservations of record. V MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 8, 2010 The Otter Tail County Board of Adjustment met Thursday, April 8, 2010, with the following persons in attendance: Marion Gill Thomas Lee Scott Ellingson, Land and Resource Management David Hauser, County Attorney Michael Harris Randall Mann Paul Larson Steve Schierer Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the January 7, 2010 meeting as mailed. The Board of Adjustment considered the following applications for variance: Justin Toppari - Approved the variance application as requested with a condition. (6:32 p.m.) Justin Toppari, Lot 10 Block 1, Shenandoah Ridge, Hoffman Lake in Dora Township, requested a variance to have Lot 10 Block 1 Shenandoah Ridge declared buildable for single family residential use and a variance of 50’ from the required ordinary high water level setback of 200’ for the placement of a structure 150’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to declare Lot 10 Block 1, Shenandoah Ridge a buildable lot for single family residential use and to approve a variance of 50' from the required ordinary high water level setback of 200’ for the placement of a structure 150’ from the ordinary high water level with the condition that the variance application as approved does not directly or indirectly grant any other variances for development on this property. The Board specifically noted that this approval does not grant any variance from the required bluff setback. It was suggested that the applicant contract the Land and Resource Department to determine the exact location of the 150’ setback. It was also noted that the variance as approved should provide the applicant with the opportunity to enjoy the same rights and privileges as other property owners in this immediate area. v/Geoffrey D and Pamela F Bentley - Approved the variance application as modified. (6:37 p.m.) Geoffrey D and Pamela F Bentley, Lots 9 and 10, K,B, Beach and part of Government Lot 1, Section 31 of Corliss Township by Little Pine Lake, requested the following; Last fall we were issued a building permit to construct a 30' by 56’ garage on the back lot of our lake property on the east shore of Little Pine Lake, This lot according to our abstract is 60' by 200’, However, prior to beginning construction, we became aware of a 2002 survey that indicates that the road (Benny Lane) which runs between our lake shore property and back lot is not where the abstract indicates that it should be. It is actually about 8’ farther east, indicating that our main lakeshore property is in reality on the road! It is our intention to maintain a 20’ setback from the road as required by the county ordinance. We feel that a structure any closer to the road would be a hindrance to snow removal. However, to keep a 20’ setback from the actual location of this road, our structure will come within approximately 2’ of the adjacent back property. We are therefore requesting a variance from the 10’ setback in order to construct our garage/storage shed. Requesting a variance of 8’ from the required lot line setback of 10’, Vance Bachmann, Contractor appeared with the applicant at the public hearing. The audience was polled with Bill Pawlowski speaking for the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 4' from the required lot line setback of 10’ for the placement of a garage on the applicants’ back lot 6’ from the east lot line and at least 20’ from the legal road right-of-way of Benny Lane, The specific size of the proposed structure was not addressed; however, the variance as approved does not directly or indirectly grant any other variances for the proposed development. It was noted that the variance as approved will provide the applicant with a reasonable use of their property, will provide adequate area on the east side of the proposed structure for future maintenance of the structure and should provide adequate area between the existing road, which is not located within the legal road right-of-way and the proposed structure for road maintenance; however, the applicants might want to consider the overall size of the structure if they are concerned that the structure will be to close to the existing road for snow removal purposes. Hardship/practical difficulty is the location of the road which is not within the legal road right- of-way. --f' o X i f i ; //:f;i i:!Ii-aKe ;i .;■ 5.I ^si j' 1 i\ i ■ ■ ^>'-; f/I! : — OTTER TAIL COUNTY ' I Site Permit Ns 2530s Lake No. Sec. Twp. _[^ Range 5V Twp. Name F3 -5 '3 f >Location:i^y /^-cw*- ”00'I I Owner’s Name Lake I Work Authorized: Cmsfrwcf ou 3o^sT' S-for»je S+rVCfvvT'C NOTE; 1. This card must be place in a conspicuous place not more than 6 feet above grade on the premises qn which work is to be done, and must be rrlaintained there until completion of such work. 2. Notify Land and Resource Management when building footings have been completed. (218) 998-8095 3. Property owner is legally responsible for all surface water drainage which may occur.ji'idCj Expires TtjU 10 ?0 0Date: Land and Resource Management Official BK-0203 318.311 • VIclar LundMn Co., ^teri • Fergui Fills. MN ■ 1.800-346.4870 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Geoffrey D and Pamela F Bentley 1032 Sunset Blvd PO Box 160 Hawley, MN 56549 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, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 8, 2010 at 6:30 p.m.J in the Commissioners' Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) 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 Lots 9 and 10 K.B. Beach and part of Government Lot 1, Property Address -46895 Benny Lane Section 31, Township 137, Range 38 - Township Name - Corliss Lake No. 56-142, Lake Name - Little Pine, Class - GD The variance requested is - Last fall we were issued a building permit to construct a 30’ by 56’ garage on the back lot of our lake property on the east shore of Little Pine Lake. This lot according to our abstract is 60’ by 200’. However, prior to beginning construction, we became aware of a 2002 survey that indicates that the road (Benny Lane) which runs between our lake shore property and back lot is not where the abstract indicates that it should be. It is actually about 8’ farther east, indicating that our main lakeshore property is in reality on the roadi It is our intention to maintain a 20’ setback from the road as required by the county ordinance. We feel that a structure any closer to the road would be a hindrance to snow removal. However, to keep a 20’ setback from the actual location of this road, our structure will come within approximately 2’ of the adjacent back property. We are therefore requesting a variance from the 10’ setback in order to construct our garage/storage shed. Requesting a variance of 8’ from the required lot line setback of 10’. DW(^ne Stein Board of Adjustment Secretary Date; March 11, 2010 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 15th, day of March, 2010 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Geoffrey D & Pamela Bentley, PO Box 160, Hawley, MN 56549 0160 Little Pine Lake Assoc., PO Box 62, Perham, MN 56573 Treva Mayfield, Twp Clerk of Corliss, 45656 600*'’ St, Perham, MN 56573 Pine Lakes Imp. Dist, PO box 405, Perham, MN 56573 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Fails, MN 56537 Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randail Mann, 532 N. Ann St., Fergus Falis, MN 56537 Michaei Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Marion Gili, 40122 Aerovilla Rd, Perham, MN 56573 by placing a true and correct copy thereof in a seaied envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: March 15th, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud MARCIA K BLEICH ANDERSON GEOFFREY D & PAMELA BENTLEYVERNON J & LEILA ANDERSON 222 OEHLKE AVE ENDERLINND 58027 1133 PO BOX 160 HAWLEY MN 56549 0160 PO BOX 40259 GRAND JUNCTION CO 81504 0259 LOIS BOSSERT 15300 40TH AVE N PLYMOUTH MN 55446 3227 JOHNWBRADY 1246 210TH RD SEWARD NE 68434 8093 STEVEN E BIGLER 446 HOLLY AVE UNIT 2 SAINT PAUL MN 55102 2239 STEVEN J & TERESE M FOX 2366 65TH ST LINO LAKES MN 55038 4423 MICHELLE ENGLE 35095 FOREST AVE N INGLESIDE IL 60041 9274 JEFFREY S & PAULA J DOLBY 11384 70TH PLN MAPLE GROVE MN 55369 7616 PETER M & DEBORAH J JACOBSON 6447 RANIER LN N MAPLE GROVE MN 55311 4543 KERRI K HUNTER 766 LAHUERTA S GREEN VALLEY AZ 85614 2244 KERI K HUNTER 766 S LA HUERTA GREEN VALLEY AZ 85614 2244 KENNETH A & SUSAN A JOHNSON 46963 BENNY LN PERHAM MN 56573 8307 KATHRYN J JOHNSON 46819 BENNY LN PERHAM MN 56573 8307 JOHN A & ANNA MAE JOHNSON 45960 474TH ST PERHAM MN 56573 8326 JILL PAWLOWSKI 46923 BENNY LN PERHAM MN 56573 8307 JUNETTE L KEATING TSTEE 5782 NORTHVIEW DR WEST DES MOINES lA 50266 2829 MICHAEL J & DEBRA K JOHNSON 957 CURRY TRL EAGAN MN 55123 1965 ROY M SCHATSCHNEIDER 1101 2ND ST W WEST FARGO ND 58078 2614 THOMAS L & COLLEEN T RUTHER 46309 COUNTY HIGHWAY 8 PERHAM MN 56573 8306 QUICK TST 46923 BENNY LN PERHAM MN 56573 8307 TO THE PUBLICJOAN MARTIN STOBIE 109 LOST CREEK DR PORTLAND TX 78374 1449 SCHOENBERGER TST 10394 SHERMAN DR EDEN PRAIRIE MN 55347 4452 ELIZABETH A WALSH 15296 40TH AVE N PLYMOUTH MN 55446 4245 DONALD J TOMLINSON 46823 BENNY RD PERHAM MN 56573 8305 1 • < .w J