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HomeMy WebLinkAbout46000990540000_Variances_07-11-1996Variances 2 Barcode 128 794040 APPLICATION FOR VARIANCE----------------------\ Offjce of County Recorder County of Otter Tail I hereby certify that the within instrument was tiled fOMBCoriin this oliice on the ^2. day of A.D. 19 atart^was /uly Microfilmed as Doc.# Otter Tail County Fergus Falls, Minnesota 56537 (2-[8) 739-2271 Receipt No. ApplicatiXrvx Xeii-p0 Comity Recorder ^— Please Complete With Black Ink —~l Deputy 218-367-2360MichaelLiljaDeanOwner:Phone: Last Name First Middle 56571OttertailMNP.O. Box 157 Street & No.City State Zip No. G.D.otter Tail56-242Lake No.Lake Name Lake Class Otter Tail391348Sec.Twp.Range Twp. Name Legal Description: Lot 10, Block 1, Echo Range Riviera, 1st Addition Fire No. or Lake ID # 115 Parcel Number 46-000-99-0540-000 VARIANCE REQUESTED IS: 1) To attach a 8 ft. x 10 ft. walk out deck to hone on 5 ft x 15 ft. addition built to pre-existing heme (variance granted November 3, 1994). 70 ft. from lake, setback to front of proposed deck is 62 ft. Variance request is 13 ft. 2) To attach two second story balccxiies to pre-existing residence to be constructed out of steel, bronze color, 1 in. tubing. Residence has setback of 70 ft. from lake. One balcony will haive an area 38.5 ^q. ft. with a setback of 66.5 ft. fron lake. Seccxid balcony will have an area of ^ sq. ft. with a setback of 65.7 ft. from lake. Setback on addition is In order to properly evaluate the situation, please provide as much supplementary inlormation as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. 96June 18Application dated 19 . X r--<pf I ^ Si^ature Of Applicant^ 19_?4_. Time:7- //Date of hearing; _____ MOTiON AS FOLLOWS: received JUN 2 0 1996 lands RESOURCE f. ■ •- rn : •' i'.C:;. . . .>-v r:‘if..i'ir,': i-:' -‘T , * Chairman Otter Tail County Board of Adjustment Permit(s) from Land & Resource Management required:YES NO mailed copy of Application to Applicant. (Date/Initial) BK 0795-001 !?77,206 • Victor Lundean Co . Piint.tf • F.rgus Fall*. Mirtnasota t ft/:. 'J /r(2d^ JI.A ddy- V, ' ^u dd )L^ 5- n (pfd y. ^ V -• -!i r/. 70 u>»*-O'/■] d ' ^s 7 Ai d'^d A< i ^74“- ,/77dO’' oc-v7 4V^'&"‘i Cr /. ;'£^ Cr ,0 V ‘''' O' ^,?. kcOPoo/',70 7!0'v :\y.' , A : /, 7) r" 'kjU '-• ■ /7,." 0 /} / i, 77-"/A Motion was made by Randall Mann, seconded by Craig Anderson and unanimously carried to deny a variance of 13’ from the required ordinary high water level setback of 75’ for the construction of an 8' by 10’ walk out deck to the existing structure 62’ from the ordinary high water level. After additional discussion and consideration, motion was made by Craig Anderson, seconded by Randall Mann to allow the construction of the proposed balconies extending no more than 4’ 6” from the wall for the purpose of egress from the dwelling. After additional discussion this motion was withdrawn. After additional discussion and consideration, motion was made by Craig Anderson to ailow the constniction of the proposed balconies extending no more than 4' 6” from the wail for the purpose of egress from the dwelling with the condition that the proposed balconies will be considered the applicant’s water - oriented accessory structure. After additional discussion this motion was also withdrawn. After additional consideration, motion was made by John Everts, seconded by Randall Mann and unanimously carried, to deny the variances as requested for the proposed balconies as no adequate hardship had been shown. GRID PLOT PLAN .feet SKETCHING FORMJ___grid(s) equals inch(es) equalsScale;.feet, or 3" VA ^ ^ ^., 19 % ■Dated:/Sighature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures. oTfeii Tail V 1-\ t 'j. 70- I \ > ,■ / T 6' 5-^ vrV !/ % k4, ^4<sr / 7^ 4 "10^------^i f < -------->,V RECEIVEDi JUN 2 0 1996 RESOURCE 278.428 • Victor Luftdeen Co. Printer* • Fergus FaBs. MN • 1-800-3464870MKL —0371—029 7 r. OTTER TAIL COUNTY ATTORNEY Courthouse Fergus Falls, Minnesota 56537 (218) 739-2271 FAX (218) 739-3721 1 Waldemar B. Senyk Assistants: David J. Hauser Barbara R. Hanson, Karen A. Cooper Kurt A. Mortenson Investigator: , J. Allan Andereon ! July 26, 1996 : i. Carl Malmstrom, Esq. Box 1599 Detroit Lakes, MN 56501 . i ■ Re: Appeal from Adverse Administrative Determination ■i . [ I. I Dear Mr. Malmstrom: i- Our office received a copy of your Notice of Appeal to the Secretary of the Board of Adjustment. I am advised that the I action taken was a denial of a request for a variance. That was a decision by the Board of Adjustment. Appeals to the Board of Adjustment are only from decisions of the Administrative Officer. That would be the staff at the Land and Resource Management Office. Appeals of denials of variances are taken to District Court. The provisions for such appeals are found in Minnesota Statutes relating to county-authorized variances. I believe you will find that at Minnesota Statute 394.27. I am advising Wayne Stein, the County Auditor and Secretary of the Board of Adjustment, to return your check for $25.00. j. : : i rVery trul 's/ • 1! i"rDavid J !'r DJH/mk cc: Wayne Stein Bill Kalar !1 .*I Oder Ttj] County due& not discriminate on the basts of race, color, natiocu] origin. K\. religion, age. and handicap status in employment or the provisiun of servkes. WAYNE STEIN, AUDITOR PAUL R. THORWALDSEN BRANT R. BEESON* CARL E. MALMSTROM MARY G, SORUM JAMES W. DONEHOWER STUART J. KITZMANNTHORWALDSEN, QUAM, BEESON, MALMSTROM & SORUM CHERYL C. MOIS, Legal Assislam *Rcal Property I^w Specialist, certified by the Minnesota State Bar Association. ATTORNEYS AT LAW POST OFFICE BOX 1599 1105 HIGHWAY 10 EAST DETROIT LAKES, MN 56502-1599 July 24, 1996 Secretary of the Board of Adjustment Department of Land and Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Appeal from Adverse Administrative Determination Re: Application of Dean Lilja, Lot 10, Block 1, Echo Range Riveria, First Addition, in Section 8, Township 134 North, Range 39 West on Otter Tail Lake Pursuant to the provisions of Article V Section 4 of the Shoreline Management Ordinance of Otter Tail County an appeal is made of an adverse determination by the administrative officer regarding the above stated property for the construction of two second story balconies that would extend no more than two feet from the building wall and would have cantilevered support, or support against the side of the building, to be placed in front of two sliding glass doors, and which would not extend beyond the building eave line. It was the determination of the administrative officer that a variance is needed for the above balconies. That determination is contested. Enclosed please find the appeal fee in the amount of $25.00. It would be greatly appreciated if this appeal could be heard at the earliest possible opportunity. Thank you very much for your time and consideration in this matter. Yours truly. RECEIVED JUL 2 5 1996 LAND & RESOURCECarl E. Malmstrom crh Enclosure Mr. Dean Lilja Mr. Waldmar Senyk, Otter Tail County Attorney Mr. Bill Kaler, Administrative Officer cc: (218)847-5646 FAX (218) 847-3950 CALLAWAY (218) 375-4411 OTTER TAIL COUNTY ATTORNEY Courthouse Fergus Falls, Minnesota 56537 (218) 739-2271 FAX (218) 739-3721 % Waidemar B. Senyk Assistants: David J. Hauser Barbara R. Hanson Karen A. Cooper Kurt A. Mortenson Investigator: J. Allan Anderson July 22, 1996 RECEIVED JUL 2 3 1596Carl Malmstrom, Esq. Box 1599Detroit Lakes, MN 56501 LAND & RESOURCE Re: Dean Lilja property Dear Carl: As you requested, I am writing to confirm the position of Otter Tail County in regard to the property of your client. Dean Lilja. Mr. Lilja was denied a variance to maintain a non-conforming deck forward of the building line on his Ottertail Lake home. The Otter Tail County Shoreland Management Ordinance defines decks as those which extend over 36 inches above ground level. Your client may construct a deck that is lower than 36 inches above the ground and a stairway descending directly to that deck and remain in compliance with the ordinance. Your client also was denied a second story deck forward of the building line. He asked to construct a two foot deck, cantilevered or supported against the side of the house, in front of each of the two sliding glass doors on the second story. The Land and Resource Management Office has determined that such decks, forward of the building line, may not be constructed without a variance. Interestingly, I also learned that they typically regard bay windows as part of the structure which must remain behind the building line. At the time of the inspection of this "addition to an existing structure," the bay windows were either not yet installed or were missed by the inspector. They are not in compliance with the permit or variance issued by the county. You also asked that Mr. Lilja be allowed to attach a wrought iron railing on the outside of each sliding glass doorway on the second floor, for safety and appearance sake. You provided a side view sketch of the railing with a four inch separation from the wall at the top of the rail and a larger, rounded protrusion at knee level. Tim Griep, of the Land and Resource Management Office, indicated that this railing would not violate the ordinance provisions and would be allowed. Oiier Tail Count) doc» no« J&criminaie on the ba»ii of race, color, naiionaii origin. >ex. religion. a.-»: in employment or ihe prpMiio.n of XfNkci. Carl Malmstrom, Esq. Page 2 July 22, 1996 If you have any questions or comments, please contact me. Sin; Idem WBS/mk Resource Managementcc: JOHN C. QUAM PAUL R. THORWALDSEN BR.ANT R. BEESON* CARL E. MALMSTROM MARY G. SORUM JAMES W. DONEHOWER STUART J. KITZMANN THORWALDSEN, QUAM, BEESON, MALMSTROM & SORUM CHERYL C. MOIS, Legal Assisiani *Red Propert)’ Law Specialist, certified by the Minnesota State Bar Association. ATTORNEYS AT LAW POST OFFICE BOX 1599 1105 HIGHWAY 10 EAST JUL 22 1995 COUNTY ATTORNEY July 19,1996 Waldmar B. Senyk Otter Tail County Attorney Otter Tail County Court House Fergus Falls, MN 56537 Re: Dean Lilja - Shoreland Management Ordinance Matter Dear Wally: This letter is to confirm our telephone conversation of July 19, 1996. It is my understanding that Mr. Lilja may proceed to remove the walk out deck that is noncomforming, and replace it with a deck no more than 36" in height with steps down from the location of the door in accordance with the sketch faxed to vou onj July 15. We also discussed Mr. Lilja's proposal to place an iron balustrade in front of the second story' doors which would have no walk out platform at the bottom and would be approximately 4 inches in front of the door at the top. Please see the accompanying sketch. If this is permissable without further permit, please let me know as soon as possible. Regarding the issue of whether second story' balconies can be attached which would not exceed the roof overhang, or protrude further than a bay window, it appears that the administrative procedure would be to appeal to the Board of Adjustments the adverse ruling of the Administrative Officer. This appeal must be brought w'ithin 10 days of receipt of notice of the adverse decision in writing from the Administrative Officer. Accordingly, please consider my letter dated July 15, 1996, with the attachments, as a request for a determination by the Administrative Officer of the proposat to attach two walk out second story balconies which would be self supporting, and w'hich would not extend beyond the eve overhang as shown on the drawings submitted. If a Site Permit w'as required, I am enclosing the required $50.00 fee. I would appreciate receiving a letter from your office, or from the Administrative Officer setting forth the denial and the rational. It ^vill then be our intent to appeal that determination to the Bourd of Adjustments, which we would like to have on for hearing on the August 1st meeting date. Yours truly. il / REOEi¥EO JUL 2 3 1996 LAND & RESOURCE Carl E. Malmstrom 1 FAX (218) 847-3950 CALLAWAY (218) 375-4411(218) 847-5646 I f JUL 2 3 1996 LANDS RESOURCE rI I} ^ / / j )io GsRoOlO T <1 fi n!i STTVITOOfi fr;:je'oceT^T ivj ^c-’ct 98/(?T/iii