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HomeMy WebLinkAbout46000990210001_Variances_12-05-2012Variances 2 Barcode 128 12‘5-zoiz- 1120104 DOC# 1120104Date Stamp 1120104 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTAreceived NOV i: 20!2 land & resource Certified, Filed, and/or Recorded: December 10, 2012 1:45 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By: NDB L&R Initial 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 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date MCt<JL /S-fiovlZ. DAYTIME PHONEPROPERTY OWNER Of,inoi M.MAILING ADDRESS Ottcf TaU ^0n-2MT LAKE CLASSLAKE NAMELAKE NUMBER SECTION 3l RANGE QtVy T(^UliHTOWNSHIP NAMETOWNSHIP ('■xrh 0/. MU Uc .E-911 ADDRESS PARCEL NUMBER 0001 LEGAL DESCRIPTION I ir n blK 1 pcv/KLot II Bik 1 TYPE OF VARIANCE REQUESTED (Please Check) K WECS Misc.ClusterSewage System SubdivisionStructure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. (\ 10' SetbovCk (\). Pa^K 0/’. profirhe/ \ tke of WANj of b>4 conT'iKof /V. PAtk Or. I foro^m c\ from TKij V/Ariuftv.t on I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS 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 OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lundeen Co , Printers > Fergus Falls. Minnesota ■f•i'.. Date Of Hearing Time Motion Jerame Tysdal - Application approved as modified with a condition. (8:00 p.m.) After considerable consideration and discussion, Paul Larson made a motion, second by Michael Harris and carried with Randall Mann and Steve Schierer voting no, to approve a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a nonresidential structure 10’ from the road right-of-way with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. If the applicant desires a residential use type structure then he must comply with the provisions of the variance as granted on April 3, 2008. The variance as approved at this public hearing does not directly or indirectly grant any other variances for any current or future development of this lot. The variance granted today and the variance granted in 2008 provide the applicant with the ability to enjoy a reasonable use of this specific property and the ability to enjoy the same rights and privileges as others in this immediate area. ^^ ari/Otter Tail County BoardChat djustment 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 072011-001 December 6, 2012 Page # 4 Jerame Tysdal - Application approved as modified with a condition. (8:00 p.m.) Jerame Tysdal, Lot 12 Block 2 of the Re-plat of Block 2 and part of Block 3 Midway Park, Otter Tail Lake in Otter Tail Township, requested the following; I am requesting a variance for a 10’ setback from the road right-of-way of N. Midway Park Drive. This variance would be consistent with other properties on N. Midway Park Drive. The audience was polled with Steve Dale, Scott Madson, Robert Sanden, Korey Skovholt and Herman Tysdal speaking to the application. There was significant discussion and debate regarding a different parcel in this immediate area owned by the applicant. An email from Bob Olson expressing concerns with Lake Street and the applicant’s use of this particular street was read for the record. A letter from Paul and Dianne Radermacher in opposition to the variance as requested was read for the record. An email from Patricia and Jack Thompson in support of the variance as requested was read for the record. A letter from John Young in support of the variance as requested was read for the record. The letters and emails referenced above are on file with the Land and Resource Department. A number of pictures and a letter from the County Attorney’s office were presented during the hearing. These items are on file with the Land and Resource Department. After considerable consideration and discussion, Paul Larson made a motion, second by Michael Harris and carried with Randall Mann and Steve Schierer voting no, to approve a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a nonresidential structure 10’ from the road right-of-way with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. If the applicant desires a residential use type structure then he must comply with the provisions of the variance as granted on April 3, 2008. The variance as approved at this public hearing does not directly or indirectly grant any other variances for any current or future development of this lot. The variance granted today and the variance granted in 2008 provide the applicant with the ability to enjoy a reasonable use of this specific property and the ability to enjoy the same rights and privileges as others in this immediate area. With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:45 p.m. Prepared by: a/An\£>Wayne S^i^, Secretary The minutes were mailed on Monday, December 10, 2012 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. sen T ITf j \I I I II1 J L —?> &«ptlc Tank 12 Lrrt dtotron c0)i. >oZD<031- Q T5<00 0 variance setjcack. of lO' From (oad right of0)Q-o<D zn IO‘I5‘ 40PTOX.3 3 T3T50)JO' Hln0)r *0 % z £ E 0r>* •alnflald' Structure design has net been determined because uie need setback, determination to proceed with designs Scale 1" = 20-0" structure will meet all other ordinance requirements SCM® V- M t TO WHO THIS MAY CONCERN: I AM WRITING TO VOICE MY SUPPORT FOR MR. TYSDAL'S PROPOSAL WHICH IS TO BE DETERMINED THIS EVENING, DECEMBER 6, 2012 BY OTTERTAIL COUNTY. SINCE I AM IN MICHIGAN I CAN NOT ATTEND THE MEEHNG, BLTT DO WANT TO EXPRESS MY COMPLETE SUPPORT FOR HIS REQUESTED VARIANCE. THE REST OF THE ALLEY, N. MIDWAY PARK DRIVE, IS NARROW AND BY FAR A BIGGER PROBLEM THAN EITHER OF THE ENTRANCES. I DO NOT UNDERSTAND WHY ANYONE ALONG THIS DRIVE WOULD HAVE A PROBLEM WITH THIS REQUEST, OTHER THAN PERHAPS MR. ROBERT OLSEN. AS A NEIGHBOR I HAVE OBSERVED MR. OLSEN'S CONTINUED HARASSMENT OF MR. TYSDAL,AND AM TRUELY TIRED OF IT! ANY PERSONAL VENDETTA HAS NO PLACE IN THIS VARIANCE REQUEST. WE HAVE NO PROBLEM WITH THE REQUEST AND URGE IT BE APPPROVED PATRICIA THOMPSON JACK F. THOMPSON 28247 N. MIDWAY PARK DRIVE BATTLE LAKE, MN. 56515 248-470-9069 (CELL) 29420 WOODRELDCT FARMINGTON HILLS, MI 48331 248-553-0753 1 Wayne Stein Robert Olson <jerrebob@gmail.com> Tuesday, November 20, 2012 4:06 PM Wayne Stein JERAME TYSDAL VARIANCE APPILCATION From: Sent: To: Subject: My name is Bob Olson and I have property three lots north of Jerame's property on Otter Tail Lake. For the last three years Jerame has tried to use 25 feet of Lake Street as his own. Property owners spent considerable time and money to keep the entire 50 feet of Lake Street public.His front lot which borders Lake Street was given a 10 foot variance, however he has some of his personal property on Lake Street. His driveway and patio infringe on the variance.Jerame put in a sprinkling system and sodded 25 feet of Lake Street claiming it as his own. He also took down some trees and planted some trees on Lake Street. On the back lot, the one he is asking for a variance on, he has a flower garden and also seeded part of Lake Street. I believe he is not in compliance with the impervious soil rule on his front lot, and perhaps this should be checked before any changes occur. There is also a concern regarding the need for a variance - Jerame operates a construction company and storage of equipment on this property would not be in compliance with the zoning code. I strongly oppose this application. If you need to contact me further on this matter you can e-mail me at ieerebob@gmail.com or call me 612-201- 4571 Thank you for your consideration. Bob and Jerre Olson sent by Bob and Jerre Olson 1 DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 FERGUS FALLS. MINNESOTA 56537 ASSISTANTS KURT A. MORTENSON MICHELLE M. ELDIEN NICOLE S.C. HANSEN RYAN C. CHESHIRE HEATHER L. BRANDBORG INVESTIGATOR SANDRA K. HOLD (218)998-8400 FAX (218)998-8414 My 31, 2012 ^ Jerame J. and Suzanne J. Tysdal 28201 Midway Park Dr. North Battle Lake, MN 56515 Re: In the Matter of Lake Street in the Plat of Midway Park Dear Mr. and Mrs. Tysdal: Please find enclosed a copy of the Order issued by the Otter Tail County Board of Commissioners on the impassable road complaint. As the County Board found, Lake Street is considered a cartway. Therefore, any property rights that you have to the property are limited. It appears clear to me that an adjacent property owner is not entitled to put personal property, structures, or plantings in the road right of way. Any future interference with the road right of way will be considered for prosecution. David J. H;;r DJH:su Enc. Brian Schlueter, Otter Tail County Sheriff Bill Kalar, Otter Tail County Land and Resources Rick West, Otter Tail County Public Works Director Chad Festul, Esq. cc: RECEIVED AUG 0 3 2Q!2 scmu LAND & RESOURCE ? Paul and Dianne Radetmacher OCOCIV/pp619 cuff Street Ortonville, MN 56278 OCC0520J2Phone: 320-839-2130 Fax: 320-839-3313 E-mail: radermacher@wat.midco.net FERGUS FALLS, MN November 28, 2012 Wayne Stein Board of Adjustment Secretary Otter Tail County Government Services Center 510 FirAve. W Fergus Falls, MN 56537 Re; Variance Hearing for JerameTysdal Board of Adjustments, This letter is in response to the notice we received from your office for the Variance request from Jerame Tysdal. We have several concerns on the applicants variance request because of the variance that was granted to this same individual in 2008. In 2008 your office granted Mr. Tysdal a variance to place his house 4' from the Lake Street Road Right-of-way. In 2009 he installed a cement driveway from his exisbng two stall garage which extends more than 12' into the road right-of-way. Currently Mr. Tysdal parks his pickup in the driveway at all times which is 12' on the public road. Was this driveway part of his scale drawing which was required at the time the variance application was submitted? We have concerns that the granting of this variance would cause the same issues and Mr. Tysdal will be parking his vehicles and installing another driveway on the public road. Your ordinance states that a "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 condi­ tions allowed by the ordinance. We do not see a "Hardship" for Mr. Tysdal, as he already has a two stall garage and a 50' lot just like many of us in the area who have garages that meet the road right-of-way setbacks. N Midway Park Road is a very narrow road and we feel that allowing the placement of a struc­ ture 10' from the road right-of-way would cause major safety and access concerns for all of SCAIiliED »t the other individuals who use the road. Thank you for taking our concerns on this variance application under consideration. Sincerely, Paul and Dianne Radermacher •- *S»-K • --►* f: I .1-54 4-.c4- S-' ”*lf ■■ :rtv4 ■ .ft *«v. ■■■■ I Ll i Tvvek ■■s 1HoffitUfripHoffleiVrapI L m"i \, IMI1-* '• ^ ■ Tyvek TyvekTvv6k TyvokHome Wrap Home Wrap 'Sb:': -e-"— fw l^.'' Ttrrrnl,'Tyvek T,■ ....I. 'THomeWrap ba3 t ■\‘i t J-' i /1.■ 'i A?IffI m'IM ii !m.’■j fck Tyvek *Tyvek Tyvek TyvJm -i ■ V I ‘.{'M'M- tH • Vr j.-!L \T hs!-V r--vw V •s -1’■^+..T V.'5? .m- -\m«» !#4k (?^rV ■ • '• ^ ‘ fn ^ **' V«;■■ •< ,:'s4aK »■'- ‘ J.'.r •- "'i' -V*. .: »'?ir *-, •#■•<'* ■•■ . - '“'•- r: • •>4■? ' --Cj-, ■* stS%fe.V r>«-■(?-^:f> \'*■. .•<- ,f^I-"'mRm'^2 S • /'--.•■-rZ r. 5^;.<■ ;■??■.^'••:7; '■ ^,'i. _■, t!>:> V? ■ iA>:>;■ -^ss>*S^fcSr<y*‘ J -‘f: '■* *r •»ir<rr*’ y?” ste iyic;r-V.. 7^ F iOl>■Sihi'VV**''^ V ■T '■^t\ . • _ • r-*■; ’-- j* *^’'-i’^ ■ • •<*.*r v.^'-•*,•■.•'•4% -• ■.'- - .-•;:*7;■ i- ; ■* *'■ *■ s: .S' •* . ••-'^r •4..-* "TmX. *(" .- T’ -' - i - V..:s^' -• *'. -a - •i■< ■ iT'' "h'l^"o ■5r-^■“‘i J ’’B , ■*im^ ■—;,I3- ; ■- ' •’■'JrS.;,;. >V-' J1^:.. ■-*r^-: ■ : •■* ' - ■ — M ■/v m■W" ^'--w*Sfej 5’ m.f. BHLN©ML mxmGOLl^ C0UR9G December 6, 2012 DearOttertail County Board of Adjustment: I am writing you this letter to hopefully put some balance into the variance request for Jerame Tysdal. I hope you can look at the variance request like any other on Ottertail Lake or in the county. I inspected the proposed area and the small variance request seems reasonable. To me it seems like some of our neighbors want to make waves on every issue. This goes against the spirit of the law but more importantly the feeling of a neighborhood for which some who live here has been lost. Sincerely, \ / t John Xourig ■J I Q8Q94 9TATG HIGHWAY #78 BATTie LAk€. m 56515 (Q18) 864-5414 (Q18) 367-Q055 WWW.GOLABALnORAL.COn .11 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; Jerame Tysdal 28201 N Midway Park Dr Battle Lake, MN 56515 has/have 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, December 6, 2012 at 6:30 p.m., 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 Lot 12 of Block 2 of the Re-plat of Block 2 and part of Block 3 Midway Park, Property Address - 28201 N Midway Park Drive Section 31, Township 134, Range 39 - Township Name - Otter Tail Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - the following: I am requesting a variance for a 10’ setback from the road right-of-way of N. Midway Park Drive. This variance would be consistent with other properties on N. Midway Park Drive. Wt^ne Stein Board of Adjustment Secretary Date: November 16, 2012 i 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 19th, day of November, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jerame j and Suzanne J Tysdal, 28201 Midway Park Dr N, Battle Lake, Mn 56515 Otter Tail Lake Assoc., OTLPOA, PO Box 21, Battle Lake, MN 56515 Bradley Childs, Twp Clerk of Deputy of Otter Tall Twp., 45679 Lamplight Drive, Ottertail, MN 56571 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 Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Leona Zimmerman, 418 E Lakeside Dr, Fergus Falls, MN 56537 by placing a true and correct copy thereof in a sealed 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: November 19th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: V Vi Manderud SCAtUD » 1♦ BILLIE F SMITH 28096 FAIRWAY DR BATTLE LAKE, MN 56515 CARI LEE 2173 FOLWELL AVE FALCON HEIGHTS, MN 55108 BALMORAL GOLF COURSE INC 28294 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 CHERYL A & STEPHEN J BEISANG 4611 DREXELAVE EDINA, MN 55424 DALE BAKKO 28141 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 CARROLL & JOYCE ROHRICH 28230 FAIRWAY DR BATTLE LAKE, MN 56515 JAY CHRISTENSON 4900 3RD ST SW MOORHEAD, MN 56560 JANEM ELLINGSONTST 1972 354TH ST S BRECKENRIDGE, MN 56520 DONALD J & CARI L LEE 2173 FOLWELL AVE FALCON HEIGHTS, MN 55108 JOYCE JEAN ROHRICH 28230 FAIRWAY DR BATTLE LAKE, MN 56515 JERAME TYSDAL 28201 MIDWAY PARK DR N BATTLE LAKE, MN 56515 JERAME J & SUZANNE J TYSDAL 28201 MIDWAY PARK DR N BATTLE LAKE, MN 56515 MENAGH TST 28199 MIDWAY PARK DR N BATTLE LAKE, MN 56515 MARY SUSAN GIBSON 2506 TERRACE RD DES MOINES, lA 50312 KOREY & AIMEE SKOVHOLT 17105 78TH ST SE MOORETON, ND 58061 OTTER TAIL BEACH RESORT LLC 28255 MIDWAY PARK DR N BATTLE LAKE, MN 56515 MORRIS & RUTH LANNING 4535 4TH ST S MOORHEAD, MN MONK TST 28583 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 RAYMOND K & MONA G AAFEDT 28146 FAIRWAY DR BATTLE LAKE, MN 56515 PAUL & DIANNE RADERMACHER 619 CLIFF ST ORTONVILLE, MN 56278 PATRICIA R THOMPSON 29420 WOODFIELDCT FARMINGTON HILLS, Ml 48331 RONALD GFENNO ETAL 28270 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 ROBERT O&JERRE OLSON 15751 MILL VALLEY LN W SURPRISE, AZ 85374 ROBERT & PATRICIA SANDEN 8055 162NDAVE SE BARNEY, ND 58008 STEVE & SHANE DALE PO BOX 413 WAHPETON, ND 58074 SCOTT F MADSON 28255 MIDWAY PARK DR N BATTLE LAKE, MN 56515 SCOTT F 8i BETH A MADSON 28255 MIDWAY PARK DR N BATTLE LAKE, MN 56515 STEVEN E MILLER PRTNRSHP 18130 93 1/2 ST SE FAIRMOUNT, ND 58030 DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 FERGUS FALLS, MINNESOTA 56537 (218)998-8400 FAX (218)998-8414 ASSISTANTS KURT A. MORTENSON MICHELLE M. ELDIEN NICOLE S.C. HANSEN RYAN C. CHESHIRE HEATHER L. BRANDBORG INVESTIGATOR SANDRA K. HOLO July 31, 2012 Jerame J. and Suzanne J. Tysdal 28201 Midway Park Dr. North Battle Lake, MN 56515 Re: In the Matter of Lake Street in the Plat of Midway Park Dear Mr. and Mrs. Tysdal: Please find enclosed a copy of the Order issued by the Otter Tail County Board of Commissioners on the impassable road complaint. As the County Board found, Lake Street is considered a cartway. Therefore, any property rights that you have to the property are limited. It appears clear to me that an adjacent property owner is not entitled to put personal property, structures, or plantings in the road right of way. Any future interference with the road right of way will be considered for prosecution. Vei>yTnily yours. David J. Hi ;r DJH:su Enc. Brian Schlueter, Otter Tail County Sheriff Bill Kalar, Otter Tail County Land and Resources Rick West, Otter Tail County Public Works Director Chad Festul, Esq. cc: RECEIVED AUG 0 3 2012 LAND & RESOURCE