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Home My WebLink About46000990653000_Variances_06-01-2006ill Variances Barcode 128 {o'\'2Da^ 999343 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify t|iaH)99343 this instrument # * -----; was filed/recordedJ[n this office for record on the—/-----day of2006at£^^i|!)m WenditJL. Metcaft.Coupty hy'r V »■ ^ .t. U(^]^^_£recording fee J 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 COMPLETE THIS APPLICATION IN BLACK INK Application Fee, Receipt Number Accepted By / Date^ PROPERTY OWNER MOfiT ^U)£KlbY ______DAYTIME PHONE 2ift -377'7 MAILING ADDRESS U£tt>l VKMiV. yp^K Nulls. LAKE CLASSLAKE NUMBER 5^Iq-1\0 LAKE NAME . SECTION 4 TOWNSHIP. 13.4 _RANGE. _TOWNSHIP NAME OlfElLTML" PARCEL ^tdOOcj^otS^OOO ^ NUMBER_______________________________ jm. E-911 ADDRESS / Sva6»A<^ m/a Up-T. Tb ntV t>ft.VYE LEGAL DESCRIPTION P.\V 1^(2-^ 4+b Lots 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. 6>(LANT€.I> ojd 0, T-oo^. V/JISM (iSGtvxeST vAWAKi<^ ONi Oivie OF TME- COhiOir«ol^5 T& ALU>vaJ 5 CAP- -TO (10A1AIM IM IT5> OU,(L(L0NT UOCATiC> • ASK-fM^ Foa \JAft<AUCC OFi LAK& SETBAO^ oF ^FT* $ll>F LorT LlKi£ 5ET6ACIC OF 1 Vz ff- 0|4 3 CM?- oNuy OKI LoT H - 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. 5-2'OL SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 0 Date Of Hearing [jLXrrJtm /^CX>^Time /?m. Motion Mort and Wendy Windels - Denied. (6:48 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to deny the variance as requested and to affirm the Board’s support of the variance as previously granted on September 8, 2005. After additional discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to require that the non complying structure must be placed into a compliant location on or before September 30, 2006. The Board noted that the September 8, 2005 approval was based on the condition that all non complying structures would be placed in compliant locations. Chairman/Otter Tail County Board of Adjustment 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 L R Officlal/Dat^ bk 0106-001 V. Lundeen 324855 ’ LOTS 17 - IS £XI3TIN<5 CONDITIONS inPERVIOUS AREA «= 7,22! SF inPERVIOUS X = 20.4X LOTS 17-13 PROPOSED CONDITIONS inPERVIOUS AREA = SF IMPERVIOUS X » 20. ax CCOULD BE LESS IF GARAGE GETS nOVED TO EXISTING BITUniNOUS SURFACE^ LOTS m - 20 EXISTING CONDITIONS IMPERVIOUS AREA » 1,341 SF IMPERVIOUS X - 4.6X LOTS - 20 PROPOSED CONDITIONS IMPERVIOUS AREA » 373 SF IMPERVIOUS X - 2.2X 30 90 SCALE: 1 INCH - 30 FEET BEARINGS ARE BASED ON / • DENOTES IRON MONUME O DENOTES IRON MONUME SCALE IN FEET ASSUMED DATUM. T FOUND. T SET MARKED "PUS 13620 Sa 17825'' STRUCTURE NOTES< THE STORAGE SPED ON LOT 13 HILL BE REMOVED UPON VARIANCE AF=,f^^y^i_ THE GARAGE ON LOT IS HILL BE MOVED TO LOT !3 AND BROUGHT INTO SETBACK UPON VARIANCE APPROVAL. ANGLE POINT IN THE ORIGINAL PLAT SURVEY LINE OHH OF LONG LAKE \ ORIGINAL PLAT ANGLE POINT IN THE ORIGINAL PLAT SURVEY SURVEY LINE fPLAT I46J SN'LY COR OF LOT 10 V rM^rMr"* A Tr*rvuCul^r^ I t-UA "-1I IQI K"'I uCl L.l^ ANGLE POINT IN THE SLY LINE OF LOT 23 SUGAR MAPLE DRIVE THIS SURVEY IS FOR SUBFIITTAL TO THE OTTER TAIL COUNTY BOARP OF ADJUSTMENTS. SURVEYOR'S CERTIFICATE INDERSONl L-AND SURVEVING, INC 313 SOUTH MILL STREET, FERGUS FALLS, MN 6G636-0I25 ^216; 73^-6266 316 WASHINGTON AVENUE, DETROIT LAKES, MN S660I (216) 647-0600 607 N. NOKOMIS STREET, ALEXANDRIA, MN 66306 (32X>) 762-6263 I htrmby certify that thi» i» a trim and corract repratantatitn of a survey of thm bovndarms of the above described land, and that this survey luas prepared by me or under my direct supervision and that I am a duly Licunsed Professional Land Surveyor under the laum of the State of Minnesota. Dated tNs (akap of Augpst, 2005. PROPERTY OhiNER CERTIFICATE I hereby certify that the subdivided property described in the survey meets the County reppirements for public road access and sewage treatment systems. Glenn Howe Professional Land Surveyor Minnesota License No. I7&23 Proaertv Owner CE. RTIFICATE of survey FOR: ROGER BURRIS cotmuci o«G rn 24q-C NO. FF VOUIES 24<^-06 miw BY GEN C8D PILE Cite POE 6 24^-05 24q-05 - TW - BC CnCXEO BY nSLO BOOK ALS-162/44 rOEU) CBKT BKR 4 TMS UUTOia NUMBBB •71A1 septemoer a, Page # 4 Robert A and Helen Neff - Approve the variance as requested for the development as depicted on ^ ^ the drawing submitted at the hearing. (7:37 p.m.) - Continued '-i// After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 35’ from the required ordinary high water level setback of 100’ for the placement of the proposed development as depicted on Mr. Huddeiston’s revised drawing 65 from the ordinary high water level. The Board noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Wesley and Phyllis Sinner - Tabled. (7:45 p.m.) Wesley and Phyllis Binner, Lot 4 Bill Ra Al Acres, Heilberger Lake in Friberg Township, requested the following; 1. 2. variance of septic system (tank, lift, pump station, drain field) within 3’ of northern property line (existing drive), and construction of three-season porch - variance to ordinary high water level (shortest distance southwest corner - inside standards 14' variance to 100' ordinary high water level (setback to be 86’), The applicants indicated that after additional review and consideration they would like to change their variance request. Instead of being within 3’ of the northern property line they would like to be 0’ and instead of a variance of 14’ from the ordinary high water level they would like a variance of 25'. The audience was polled with John Gerhardson speaking against the variance as requested. The Board informed the applicants that they could not act on the requested changes since these changes require greater variances from the requirements than what was requested in the original application. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table this application until the October 6, 2005 meeting of the Board of Adjustment and to direct that the applicants provide the office with a revised application no later than 3 p.m. on Thursday, September 15, 2005 and to direct the Secretary of the Board to provide notification of the changed application by the normal notification process. oger Burris - Approved as requested with a condition. (7:56 p.m.) Roger Burris, Lots 17, 18, 19 and 20 Echo Ranch Riviera 4“' Addition, Long Lake in Otter Tail Township, requested a variance to subdivide Lots 17,18, 19, and 20 into two lots. The first proposed lot will be lots 17 and 18 and the second proposed lot will be Lots 19 and 20. The State of Minnesota had combined all four lots as one. We are asking for a variance to subdivide the lots by the historical platted line, which limits the proposed lots in square footage requirement for recreational development. The hardship is substandard lots of record and would resolve the practical difficulty, making the property of reasonable use. The use will be for single family residential use. The minimum size required for platted lots on a recreational development lake is 150' of water frontage, 150’ of width at the building setback and 40,000 square feet of area. Jim Peterson, Surveyor, appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously earned, to approve the variance as requested with the condition that all structures/buildings must be placed in locations that comply with the setback requirements of the Shoreland Management Ordinance. The Board noted that the proposed lots have the required frontage and the condition placed on the approval will result in a significant improvement to the property. 983891 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that oc this instrument #---------»J. was filed/recorded in this office for recpfd on the——dsy of!ord on the /1-day of h 2005 atilllfam/wrr^ Metcall. Coupty THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739 -2271 COMPLETE THIS APPLICATION IN BLACK INK *** 4 ^ ADDlication Fee , Receipt Number Accepted By / Date. PROPERTY OWNER ■ ->DAYTIME PHONE 3 14 ^ - 3^9 I ADDRESS ^ vi 'lo-t I 91 LAKE NUMBER S~(^ -,A®T LAKE NAME _ Lo ____LAKE CLASS _R£) SECTION 4 TOWNSHIP RANGE TOWNSHIP NAME. Obbc-v 1 PARCEL NUMBER H C BS Q0<^0 E-911 Address lM<c4^e■LY. y-> r 1M > LEGAL DESCRIPTION Riov’tva, oTc # / \*^ _ 30 Ec-Uo Cl,c.-«/xoLv ^lO TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback____Structure Size____Sewage System .A^l^&jbdiviston Cluster____ Wise.____ SPECIFY VARIANCE REQUESTED , ^ ^ ^ ^ n'T^ ^Cfcve^b /Z to 5o3>C<«JiC A065 1^-20 t^h> tuJo Uit^. I06 Ui'll lot 17^- ‘8 'Se.cay\c*^tc,poi%e.ci be /ot/<^i Aa- Tke 5£cLie t>^ /^f.nrtc:^,ota. l^oA doiM^'Kc/ o-ll lets c>m<=. oJc-oj/e fcii/ O. Oo^l<i^c£. to di'O I C-d t)\e. lois h>^ 6Afi h^ifcii//ca.l )'«d /■•'K'fi tke. pi'ai^Sed ii\ S'fWc, i^'=<jcMVou-tjctt,f Y^ C_YCc*_A‘e>tAjs>^ «i«U-ic-\e»ipu<ve>AX • ~Tl^<=. /"S o- SU.Ja'S't’«».Mjjovcl V/-r'r'.»'A i3-i~cL Lj^JCiLjL.lA r«,<^/rY»- tk<£ CvcLcF< C«_S ol/ JT/rri//// /n I 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. b/n SIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) DATE Date Of Hearing le<e ^Time 'P.S’lF/n Motion Roger Burris - Approved as requested with a condition. (7:56 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve the variance as requested with the condition that all structures/buildings must be placed in iocations that comply with the setback requirements of the Shoreland Management Ordinance. The Board noted that the proposed lots have the required frontage and the condition placed on the approval will result in a significant improvement to the property. Permit(s) required from Land & Resource Management yX Yes (Contact Land & Resource Management) No ■ ju/(M64uL Copy of Application Mailed to Applicant And the MN DNR _ L R Officialibate' bk 0501-001 305,391 • victor LundeettCe., Primers, Fergus FaHSi MN • i-eoo-3«6-4B70 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 Notice of Hearing for Variance Applicant must be present at the scheduled hearing. To Whom It May Concern: Mort and Wendy Windels 405 Heidi Parkway New York Mills, MN 56567 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, June 1, 2006 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 Lots 19 and 20 Echo Ranch Riviera Fourth Addition, Property Address - Adjacent to 42297 Sugar Maple Drive Section 4, Township 134, Range 39 - Township Name - Otter Tail Lake No. 56-210, Lake Name - Long, Class - RD The variance requested is - the following: Variance previously granted on September 8, 2005. We wish to request variance on one of the conditions to allow 3 car garage to remain in its current location. Asking for variance on lake setback of 4’ and side lot line setback of 1.5’ on 3 car garage only on Lot 19. The required side lot line setback is 10’ and the required ordinary high water level setback is 100’. Date: May 12, 2006 'Wayne Stein Board of Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) County of Otter Tail) )SS I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 15th, day of May, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mort and Wendy Windels, 405 Heidi Highway, New York Mills, MN 56567-4208 Donald Dreyer, Twp Clerk of Ottertail, 45693 Lamplight Drive, Ottertail, MN 56571 Long Lake Assoc., % Pat Garza, 35854 County Highway 72, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, 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 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501 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: May 15th, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud c" j DONALD J HEISLER 42263 COUNTY HIGHWAY 1 OTTERTAIL, MN 56571-9404 LEON LEVITT ET AL 1045 DOUGLAS RD MENDOTA HEIGHTS, MN 55118-3637 GARY A MAASSEN 717 PARKVIEW BLVD BRANDON, SD 57005-1936 JOHN G & AGNES C MAASSEN 48737 265TH ST VALLEY SPRINGS, SD 57068-7320 MARVIN NESS 1386 160TH ST WOLVERTON, MN 56594-9557 DANIEL RDOUVIERETAL 1170 10TH ST NW GLENWOOD, MN 56334-8800 ROGERS JILL BURRIS 42297 SUGAR MAPLE DR OTTERTAIL, MN 56571-9408 MORT & WENDY WINDELS 405 HEIDI PKY NEW YORK MILLS, MN 56567-4208 STEPHEN STRANDEMO II ET AL 5100 16TH AVE S MINNEAPOLIS, MN 55417-1208 STEPHEN II & KAREN STRANDEMO 5100 16TH AVES MINNEAPOLIS, MN 55417-1208 KEVIN & KATHLEEN LORENTZ 411 19TH ST W HASTINGS, MN 55033-3506 FRANCIS P & BARBARA J JOCHUM 672 ROOSEVELT RD SAINT CLOUD, MN 56301-4868 ELIZABETH K WOLF KENNEDY 252 RICHMOND ST W SOUTH ST PAUL, MN 55075-3214 BEVERLY WILSON & S O SEVERSON 616 MAIN AVE FARGO, ND 58103-1942 #1 ^3 Mort and Wendy Windels - Denied. (6:48 p.m.) Mort and Wendy Windels, Lots 19 and 20 Echo Ranch Riviera Fourth Addition, Long Lake in Otter Tail Township, requested the following: Variance previously granted on September 8, 2005. We wish to request variance on one of the conditions to allow a 3 car garage to remain in its current location. The applicant is asking for a variance on Lake Setback of 4’ and side lot line setback of 1.5’ for the present location of a 3 car garage on Lot 19. The required side lot line setback is 10’ and the required ordinary high water level setback is 100’. The audience was polled with Roger Burris, the September 8, 2005 applicant, speaking for the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femiing and unanimously carried, to deny the variance as requested and to affirm the Board’s support of the variance as previously granted on September 8, 2005. After additional discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to require that the non complying structure must be placed into a compliant location on or before September 30, 2006. The Board noted that the September 8, 2005 approval was based on the condition that all non complying structures would be placed in compliant locations. Lisa M Fjoslien Mcelwee - Approved modified building setback with a condition. (6:58 p.m.) Lisa M Fjoslien Mcelwee, part of Government Lot 1, Section 10 of Eagle Lake Township by Eagle Lake, requested the following; a variance of lakeshore setback for new construction. The applicant is requesting a building setback at the “Line of Sight" and/or old house location. Old house location was equal to the “line of sight” of the adjoining properties (32’ from lake). The required ordinary high water level setback is 75’ and the required shore impact zone setback is 37.5’. Mike Lange, Contractor, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femiing and unanimously carried, to approve a variance of 37.5’ from the required ordinary high water level setback of 75’ for the location of a house building site 37.5’ from the ordinary high water level with the condition that existing shed must be either removed or placed in a legal location prior to the issuance of a site permit for the proposed new construction. The variance as approved will keep the proposed development out of the shore impact.zone and will provide the applicant with a reasonable use of her property. It should be noted that the variance as approved does not directly or indirectly grant any other variances. Robert and Mylia Nogowski — Approved the variance application as requested. (7:08 p.m.) Robert and Mylla Nogowski, part of Government Lot 4, part of the Southwest Quarter of the Southeast Quarter and part of Sub Lot 1 Section 8 of Tumuli Township by Mineral Lake, requested the following: Permit was given on November 7, 1980 to install 16’ by 76’ Mobile Home 122’ from the ordinary high water level. Proposed new home will be at 122’ and 12’ wider going to the north and 16’ shorter from the east. The applicants are also proposing a 24’ by 28’ detached garage, 8’ by 10’ sunroom and 10’ by 10’ deck. The 8’ by 10’ sunroom will loe 112’ from the ordinary high water level. The 10’ by 10’ deck will be on the north side of the proposed dwelling and will be approximately 150 to 153’ from the ordinary high water level of the lake. The proposed 24’ by 28’ garage will be approximately 158’ from the ordinary high water level of the lake. The required ordinary high water level setback is 200’. The drawing submitted with the variance application indicates an area described as back water. The drawing also provides distances from the proposed structures to the back water area. Variances from the back water area will be necessary if the back water area is considered a part of the lake. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the variance as requested in the application dated April 19‘^'2006 and as depicted on the drawing dated May 2, 2006. The Board noted the following as reasons for approving the variance application as requested; 1.) the unique shape and terrain of the applicant’s property, 2.) reasonable size of the proposed development (not over building), 3.) a legally placed septic system can be installed and 4.) the proposed development does not restrict view from the adjacent properties. cr^HMcnVVi