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Home My WebLink About16000070042001_Variances_01-03-2008l-3-^Oc>^• \ 1032416 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that r a c. this Instrument # 1.032416 was filed/recorded in this office for rec^d on the ^ day 2008 at^i Wendy Metcalf, pouqjty F^^rder tm bJL JOAA recording well certifi j^< 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 /r/DAYTIME PHOUE^^AP-yst^PROPERTY OWNER MAILING ADDRESS y ^S-Q J jQojcy}-LAKE NAME LAKE CLASSLAKE NUMBER 7SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCELNUMBER Hn -OOP -o ooJ E-911 ADDRESS ^ 9 era /LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Size X Sewage System Subdivision Cluster Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. /2£)A/x‘9- ^ UJipPt e?X (J- a, /AA/A/ p-o pA^ i—' ^ 4Z*t a- 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. jd~ y7 DATE /C SIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) "-Tn ^^ <c '• -5^TimeDate Of Hearing /Q/VUjCOu(-a/ O Motion Robert Klemm - Denied. (2:00 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting that a reasonable use of the property can be obtained without the granting of a variance for a structure exceeding the maximum allowable height. The Board also noted the following; 1.) had the applicant’s requested been presented before construction it would not have been granted, 2.) the site permit indicates that the structure would not exceed the 20’ allowable height, 3.) the only hardship is a self imposed hardship 4.) granting the variance as requested would establish precedence that the Board does not wish to establish, and 5.) the applicant must bring the structure into compliance with the requirement of the ordinance on or before June 30, 2008. ifter Tail County Board of^^dfustmentCft^rrma Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) muJLdj 7//S/07 No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR R Official/Date bk 0106-001 V. Lundeen 324855 > ■: « •1 1 LEGAL DESCRIPTION *That part of Goveiiunent Lot 6 of Section 7, and that part of Government Lot 1 ofSection 8, all in Township 136 North, Range 4l West of the Fifth Principal Meridian in CMtcr Tail County. Minnesota, described as follows; Commencing at an iron monument which designates the east quarter comer of said Section 7 from which an iron monument at Meander Comer No. 88 on the east line of said Section 7 bears South 01 degree 13 minutes 20 seconds West 300;11 feet on an assumed bearing; thence North 75 degrees 54 minutes 46 seconds West 555.69 feet; thence South 00 degrees 09 minutes 15 seconds West 180.00 feet to an iron monument, said point is the point of beginning; thence North 00 degrees 09 minutes 15 seconds 50 fret, more or less, to the north line of said Govenimeni Lot 6; thence easterly 539 feet, more or less, along the north line of said Government Lot 6 to an iron monument at the aforementioned cast quarter comer of said Section 7; thence easterly 363.00 feet along the north line of said Govenuhent Lot 1; thence southCTly 595 feet, more or less, parallel with the west line of said Government Lot 1 to the water’s edge of Dora Lake; thence westerly along the water's edge of said Dora Lake to the intersection with a line which bears South 00 degrees 09 minutes 15 seconds West from the point of beginning; thence North 00 degrees 09 minutes 15 reconds East 46 feet, more or less, to an iron monument; thence continuing North 00 degrees 09 minutes IS seconds E^t 194.46 feet to an iron ■ monumehi; thence continuing North bo deuces 09 minutes 15 seconds East 177.46 fret to the • point orbegiiuiing. SUBJECT to County State Aid Highway,No. 4 right of way easement oyer, under, and across the northerly part of the above described'tract as said County State Aid Highway No. 4 is located and established on March 13, 2002. ; ••1 ; , ; ■•‘f. ■; :■ y- .1’, •; MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, January 3, 2008 The Otter Tail County Board of Adjustment met Thursday, January 3, 2008, with the following persons in attendance: Michael Harris Steve Schierer David Hauser, County Attorney Kyle Westergard, Land and Resource Management Paul Larson Carl Zick Randall Mann Leona Zimmerman Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 2:00 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the December 5, 2007 meeting as mailed. Chair and Vice Chair Selection - Randall Mann, Chair, then called for nominations for Chair and Vice Chair of the 2008 Board of Adjustment. Steve Schierer made a motion, second by Carl Zick and unanimously carried, to direct the Secretary of the Board of Adjustment to cast a unanimous ballot for Randall Mann as Chair and for Steve Schierer as Vice Chair of the 2008 Board of Adjustment. The Board of Adjustnient considered the following applications for variance: Robert Klemm - Denied. (2:00 p.m.) Roger Klemm, part of Government Lot 6, Section 7 and part of Government Lot 1, Section 8 of Dora Township by Dora Lake requested a variance of 5’ from the 20’ maximum allowable height of a non dwelling for an existing 28' by 40’ detached garage having an overall height of 25’. 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 deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting that a reasonable use of the property can be obtained without the granting of a variance for a structure exceeding the maximum allowable height. The Board also noted the following: 1.) had the applicant’s requested been presented before construction it would not have been granted, 2.) the site permit indicates that the structure would not exceed the 20’ allowable height, 3.) the only hardship is a self imposed hardship 4.) granting the variance as requested would establish precedence that the Board does not wish to establish, and 5.) the applicant must bring the structure into compliance with the requirement of the ordinance on or before June 30, 2008. Del Ray and Karen Lecy - Approved the variance with a condition. (2:18 p.m.) Del Ray and Karen Lecy, part of Government Lot 9, Section 1 of Sverdrup Township by East Lost Lake, requested the following: “Because our property lies on a peninsula, being split by an access road, we request that either: A.) The total property square footage be considered or B.) We be allowed to exceed the 25% limit when calculating the impervious surface ratio." The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Carl Zick to approve the use of the total property square footage when determining the total property area that can be used for the impervious surface calculation and noting the following: 1.) the hardship is a substandard lot of record and water on two sides (same lake on both sides) of the parcel, 2.) no more than 25% of the total property area can be covered with impervious surfaces, 3.) granting this approval will not increase the overall runoff into the lake. This motion failed with Paul Larson, Randall Mann and Leona Zimmerman voting no. After additional discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with Leon Zimmerman voting no, to approve the use of the total property square footage, based on current measurement of the property, when determining the total property area that can be used for the impervious surface calculation and noting the following: 1.) the hardship is a substandard lot of record and water on two side (same lake on both sides) of the parcel, 2.) no more than 22% of the total property area can be covered with impervious surfaces, and 3.) granting this approval will not increase the overall runoff into the lake. January 3,2008 Page # 2 John and JeLain Lund - No Action Taken John and JeLain Lund, Lot 6 Inlet Beach Third Addition, Lake Lida in Lida Township, requested a variance of 35’ from the required ordinary high water level setback of 75’ and a variance of 4.2’ from the required side lot line setback of 10’ for the placement of a new dwelling 40’ from the ordinary high water level and 5.8’ from the side lot line. Also, requesting a variance from the required ordinary high water level setback to repair existing walkout retaining wall. Proposed roof of new cabin not to exceed 35’ height, now stepping away from lake.- December 5, 2007 meeting Kelli Wegscheid, Architect, represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Carl Zick to deny the variance as requested. After additional discussion the motion to deny was withdrawn and Steve Schierer made a motion, second by Carl Zick and unanimously carried to table, with the verbal permission of the applicant’s representative, this variance application until the next schedule meeting of the Board of Adjustment to allow the applicants and their architect an opportunity to consider other development plans that would require lesser and/or fewer variances. Concerns were expressed with the side lot line setback, the ordinary high water level ; setback and imperious surface coverage. January 3, 2008 meeting - No action was taken as the applicants had submitted an email requesting that their application be scheduled for a later meeting. Joan Martin Stobie - No Action Taken. Joan Martin Stobie, Lot 17 and North Half of Lot 18, K-B Beach and Lot 3 Block 1 Tomlinson Oaks, Little Pine Lake in Corliss Township, requested the following: 1) Change roof line of existing 14’ by 28’ 1 - story. The north portion of home is located 1.5’ from the lot line and 58’ from the ordinary high water level. Requesting a variance of 8.5’ from the required lot line setback of 10’ and a variance of 17’ from the required ordinary high water level setback of 75’, 2) Remove existing middle section of home and construct a 34’ by 45’ 2 story addition 64’ from the ordinary high water level. A variance of 11’ from the required ordinary high water level setback of 75’, and 3) Change existing 18’ by 26’ IV2 - story. South portion of home to a full 2-story located 7.5’ from the lot line and 64’ from the ordinary high water level. A variance of 2.5’ from the required lot line setback of 10’ and a variance of IT from the required ordinary high ‘ water level setback of 75’. September 6, 2007 Meeting - The audience was not polled as there was no one in attendance at the time of this public hearing. A letter signed by Lois Bossert, Stephen Fox, Kathy Johnson and Steven Bigler in support of the variance as requested was read for the record. During discussion concern was expressed with the exact location of the side lot lines and the need to have additional information regarding the lot line location before acting upon the requested variances. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table this hearing until the October 4, 2007 meeting to provide the applicant with an opportunity to provide additional information regarding the location of the side lot lines. October 4, 2007 Meeting - Prior to the meeting the applicant submitted a letter requesting the tabling of her application until the June 2008 meeting of the Board of Adjustment. After consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to acknowledge the applicant’s letter, to grant the applicant’s request and to table this public hearing until the June 2008 meeting of the Board of Adjustment. November 1, 2007, December 5, 2007 and January 3, 2008 meetings - No hearing held as the applicant requested in October to have their hearing table until June 2008. With no further business, Randall Mann, Chairman declared the meeting adjourned at 2:48 p.m. ^tein.Prepared by: , SecretaryWayn The minutes were mailed on Monday, January 7, 2008 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at the next scheduled meeting. 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 14th, day of December, 2007 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment Roger K Klemm, 2900 County Highway 4, Vergas, MN 56587 9310 Gregory Meyer, Twp Clerk of Dora, 33111 State Hwy 108, Dent, MN 56528 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 Terry Lejcher, 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 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 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: December 14th, 2007 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud V •» THOMAS J & KAREN BUNKOWSKI SHARON J HAARSTICK - 28361 450TH ST , VERGAS MN 56587 9312 MONTE &J.YLA BEREND 29535 COUNTY HIGHWAY 4 VERGAS MN 56587 9304 PO BOX 75 ■ VERGAS MN 56587 0075 JAMES A & EVELYN JACOBS 29141. COUNTY HIGHWAY 4 VERGAS MN 56587 9310 ROGER K KLEMM 2900 COUNTY HIGHWAY 4 VERGAS MN 56587 9310 PHILIP J & SHEILA A HORN ■ 44860 287TH AVE VERGAS MN 565879311 ' ' ANDRUS L & THERESA WATKINS 29867 440TH ST VERGAS MN 56587 9307 /'■ •| ■ •Vr i - y '•-V 12/13/2007LIST PARCELS IN BUFFER I [ Name2 Addr3 |CountryCSZParcel Number Sortname Namel Street Addr Addr2 16000070039000 iBUNKOWSKI,THOMAS J & KAREN [THOMAS J & KAREN BUNKOWSKI ; iYdobo7004T6W IwatonsTandrusT ..i' iVERGASMN 56587 0075|PO BOX 75 iVERGASMN 56587 9307;29867 440TH ST I IPHILIP J & SHEILA A HORN16000070042000 (HORN,PHILIP J & SHEILA A i VERGASMN 56587 9311i44860 287TH AVE 16000070042001 IKLEMM,ROGER K Teoodosooisdoo Ihaa^^ 16o6o0800456oi" |KLEiiS^OGERT^r~” 16000080050000 IBEREND,MONTE & LYLA VERGASMN 56587 9310 VERGA^m1n~56587”931 2 i^RGAsW 56587 9310 iVERGAS MN '56587 9304 IVERGASliiiN 56587~3310 [ROGER K KLEMM ISHAROhTTHA^frCK 12900 COUNTY HIGHWAY 4 i;28361 450TH ST [ROGER K KLEMM ;2900 COUNTY HIGHWAY 4 iMONTE & LYLA BEREND '[JAMES A sWeIynIaCOBS i29535 COUNTY HIGHWAY 4 16000080050001 jJACOBS,JAMES A & EVELYN 129141 COUNTY HIGHWAY 4 i Page 1 12/13/2007Buffer Mail CountrySortname CSZNamelStreet AddrName2 Addr2 Addr3 IMONTE & LYLA BERENDBEREND,MONTE & LYLA BUNKOWSKI,THOMAS J & KAREN THOMAS J & KAREN BUNKOWSKI | VERGAS MN 56587 9304 .129535 COUNTY HIGHWAY 4 | tPOBOX75 :VERGAS MN 56587 0075 ISHARON J HAARSTICK VERGAS MN 56587 9312HAARSTICK,SHARON J 28361 450TH ST '44860 287TH AVE 29141 COUNTY HIGHWAY 4 2900 COUNTY HIGHWAY 4 " IPHILIP J & SHEILA A HORNHORN,PHILIP J & SHEILA A VERGAS MN 56587 9311 'I;jAMES A & EVELYN JACOBSJACOBS,JAMES A & EVELYN VERGAS MN 56587 9310 IKLEMM,ROGER K (VERGAS MN 56587 9^0 ,IROGER K KLEMM WATKINS,ANbRUS L & THERESA lANDRUS L & THERESA WATKINS' 1 VERGAS MN 56587 9307 i29867 440TH ST A Page 1 Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or appiicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Roger Klemm 29000 County Highway 4 Vergas, MN 56587 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, January 3, 2008 at 2:00 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 part of Government Lot 6, Section 7 and part of Government Lot 1, Section 8, Property Address - 29000 County Highway 24 Section 7/8, Township 136, Range 41 - Township Name - Dora Lake No. 56-503, Lake Name - Dora, Class - RD The variance requested is - a variance of 5’ from the normal 20’ height requirement of a new dwelling. The overall height of the structure is 25’. This is an after-the-fact request. Wayne Stein Board of Adjustment Secretary Date: December 13, 2007