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16000310177001_Variances_05-03-2007
,7,00"! 1018746 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument it i (i j 8746 was filed/recorded jp this office for rei .2007 atlLCQaimpm ^.qj^JecomerWeni by:Deputy ^^recording fee -J-well 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 Application Fee mU6^ ^ L/sTi a ^ Jlr^ V L/^ f'/o / DAYTIME PHONE >-.3 / F - (c ~ SS 1 Q JcJ^ Lu -Si* /"t P i Sol D ) 9 LAKE NAME UJ^sf S \ L )- n~t~ COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date PROPERTY OWNER i MAILING ADDRESS 1 -R nLAKE CLASSLAKE NUMBER ■'Hr I" A,U1ai TOWNSHIP NAMERANGESECTIONTOWNSHIP E-911 ADDRESS c PARCEL NUMBER U^-Qcc 3i-o/77-co (c3 ft 75 e. et- LEGAL DESCRIPTION PT GL 9 COM NE COR SEC 31 W 1287.40', S 1887.54', N 84 DEG W 45.55', S 256.91', S 25 DEG E 37.19' TO PT BG, N 87 DEG W 176', S 14 DEG W 209.41’, ELY ALG LK TO INTSEC LN BEAR S FR PT BG, N 178.88' TO BG. Plat: Desc: Set: 31 Lot:Blk: Tvm: 136 Rng: 041X:.00 Y:.00 Z:.00 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback t—Structure Size Misc.Subdivision ClusterSewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. o-LUi wu;sl/THdd^ 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. / tI DATENATURE OF PROPERTY WNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ■7 /<f22Date Of Hearing Time Motion Austin and Darlene Holtz - Denied. (7:18 p.m.) After consideration and discussion, Randall Mann made a motion, second by Steve Schierer 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, the applicants have other potential locations on their property to consider and the proposed location may present lot stabilization issues. ^ard of A^stment 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 Official/Date bk 0106-001 V. Lundeen 324855 May 3, 2007 Page # 2 Steven R and Juanita McClintick - Approved the requested variance as modified and with a condition. (6:58 p.m.) Steven R and Juanita McClintick, Lot 4 Bush Hill Country Bay, East Battle Lake in Nidaros Township, requested a variance of 60' from the required ordinary high water level setback of 100’ and a variance of 10' from the required shore impact zone setback of 50’ for the placement of an addition 40’ from the ordinary high water level and a variance to have Lot 4, Bush Hill Country Bay declared a buildable lot. The audience was polled with no one speaking for or against the variance as requested. Steve Widness, Contractor, appeared with the applicant at the public hearing. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to declare Lot 4 Bush Hill Country Bay a buildable lot. This approval is consistent with other lots in this immediate area. After additional discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the placement of a new foundation for the proposed addition no closer to the ordinary high water mark than 50’ with the condition that no more than 25% of the total lot area can be covered with imperious surfaces. It should be noted that the variance as approved does allow the applicants the ability to tie the roof line of the new development into the roof of the existing 34’ by 30’ dwelling. Hardship is a substandard lot of record. Ron and Sonya Huesman - Approved the variance as requested. (7:12 p.m.) Ron and Sonya Huesman, Out Lot A, Sunset Bay and part of Government Lot 1, Section 26 of Scambler Township by Tamarac Lake, requested the following; In order to match the roofline of the cabin we moved onto our property, it was necessary to increase the size of the addition approved on our original variance from 8’ by 12’ to 10’ by 20’. Due to a miscommunication between the Land and Resource Management Office and our contractor, we thought this increase had been approved. We request approval for the additional 104 square feet on the addition. The addition is approximately 8T from the ordinary high water level. The required setback is 100’. 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 Carl Zick and unanimously carried to approve the variance as described in the variance application and as depicted on the drawing submitted with the variance application. It was noted that the 10’ by 20’ addition is no closer to the ordinary high water level than the previously approved 8’ by 12’ addition and the larger size does not restrict view from the adjacent properties. Austin and Darlene Holtz - Denied. (7:18 p.m.) Austin and Darlene Holtz, part of Government Lot 9, Section 31 of Dora Township by West Silent Lake, requested a variance of 10’ from the required road right-of-way setback of 20’ for the placement of 26’ by 40’ garage 10’ from the private road right-of-way. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer 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, the applicants have other potential locations on their property to consider and the proposed location may present property stabilization issues. LeRoy and Mary Jean Nelson - Approved the variance with conditions. (7:30 p.m.) LeRoy and Mary Jean Nelson, part of Government Lot 4, Section 28 and part of Government Lot 1, Section 29 of Tordenskjold Township, requested the following; Our lot has 75’ of lake frontage and approximately 12,975 square feet of area. The present ordinance requires 150’ of lake frontage and 40,000 square feet of area. We are requesting a variance allowing a structure to be built of less than 4,000 square feet. Alan Olson, Century 21 Vista, appeared with the applicants at the public hearing. 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 Michael Harris and unanimously carried, to declare the applicants’ parcel a buildable lot with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. It was also noted that the variance as approved does not directly or indirectly grant any other variances. \h>6003\0\'\l OOi Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), steucture(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. Scale ^ 7r? S',5 , M %SlO.(e°loImpervious Surface 3 3 Roi.J LO b I Proposed CjojrcLflfi. 1T i.i.^ PcwucTr <>' ui^a VO' hiom£/^0 i/fs ID \J/D fy I r\ ? (oK^ ? "K ^-3 -07 Signature of Propel Dateiner BK — 0505 322.180 • Victof Lundeen Co. Punters • Fergus Fa'is. MN • 1-800-346-4870 Austin Holtz - Approved August 5th, 1993 Page 2 Austin Holtz, Breckenridge, MN, requested a variance of 15' from the required ordinary high water level setback of 100' for the replacement of an existing cabin with a 38' by 26' new structure 85' from the ordinary high water level. The new structure will be 6' further back than the existing cabin. The property is described as part of Government Lot 9, Section 31 of Dora Township on West Silent Lake, The audience was polled with no one speaking for or against the request. After consideration, motion was made by Dan Oehler, seconded by Berton Olson and unanimously carried, to approve a variance of 15' from the required ordinary high water level setback of 100' for the replacement of an existing cabin with a 38' by 26' new structure 85' from the ordinary high water level. The new structure will be at least 15' further back than the existing structure. Hardship being the terrain features of the tot. John Richard Gromatka - Approved John Richard Gromatka, Fargo, ND, requested a variance of approximately 45' from the required ordinary high water level setback and a variance of 7'6" from the required shore impact zone setback of 37'6" for the construction of a new cabin approximately 30' from the ordinary high water level. The new cabin would be in line with other existing cabins in the area and would be behind the string line. The property is described as part of Government Lot 3, Section 10 of Dunn Township on Pelican Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Berton Olson, seconded by Cecil Femling and unanimously carried, to approve a variance of approximately 45' from the required ordinary high water level setback and a variance of 7'6" from the required shore impact zone setback of 37'6" for the construction of a new cabin approximately 30' from the ordinary high water level. The structure will not exceed what the string line test would permit. Hardship being a substandard lot of record. Kenneth C. Rye - Approved/Tabled Kenneth C, Rye, Perham, MN, requested a variance of approximately 8' from the required road right-of-way setback of 20' for the construction of an 18' by 26' garage; a variance of 2'2" from the northeast lot line for the addition of a 16' by 24' sun room, with storage area, to an existing structure; and a variance of approximately 15'6" from the required shore impact zone setback of 37'6" for the construction of a cteck and sun room. The property is described as Lot 10, Nedberg-Nye Survey Lots, part of Government Lots 1,2, and 3, Section 1 of Edna Township on Devils Lake, The audience was polled with Mark Dockenctorff speaking against the granting of this variance. A letter from the Edna Township Board opposing the granting of a variance from the required road right-of-way setback was read for the record. After consideration, the following motions were made: 1.) Motion by Dan Oehler, seconded by Craig Anderson and unanimously carried, to table the variance of approximately 8' from the required road right-of-way setback of 20' for the construction of an 18' by 26' garage until further information regarding the property lines and road right-of-way can be provided; 2.) Motion by John Everts, seconded by Dan Oehler and unanimously carried, to approve a variance of 2'2" from the northeast lot line and a variance from the shore impact zone for the addition of a 16' by 24' sun room, with storage area, to an existing structure with the condition that the 4' by 6' shed be moved behind the building line and be at least ten feet from the lot line. Hardship being the existing location of the present structure. The addition will be no closer to the ordinary high water level than the existing structure and does meet the string line test. The property on the adjacent lot to the east is at least 40' away; and 3.) Motion was made by Craig Anderson, seconded by Berton Olson and unanimously carried, to approve a variance from the shore impact zone setback for the construction of a 3' by 29' attached deck. 5.■i II I } r Arland A. Nelson - Approved August 5th, 1993 Page 3 Arland A, Nelson, Christine, ND, requested a variance of 2’ from the required side lot line setback of 1 O' for the placement of a manufactured home. The property is described as Lot 7, First Addition to Bay View, South Turtle Lake in Sverdrup Township. Jacqueline Nelson Bevery represented the applicant at the hearing. The audience was polled with Ron Krier and LeRoy Guttormson speaking to the variance request. A letter from William F. Krier opposing the granting of the variance request was read for the record. After consideration, motion was made by John Everts, s«?onded by Craig Anderson and unanimously carried, to approve a variance of 2' from the required Side lot line setback of 10’ for the placement of a manufactured home. Hardship being a substandard lot of record and the granting of this variance allows the applicant reasonable use of his property and allows the applicant to enjoy the same rights and privileges as others in the immediate district. It should be noted that there are several non complying structures in this district. Ralph B. Maxwell - Denied Ralph B. Maxwell. Richville, MN, requested a variance to construct a garage with a loft/studio having a height of 24'. The ordinance allows non-dwelling structures to be only one story and not to exceed 18' in height. The property is described as part of Government Lot 1 and the S1/2NE1/4NW1/4, Section 31 of Rush Lake Township on Alice Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship haj been shown and the granting of this variance would establish a precedent. Raymond and Wendy Kotchlan - Denied Raymond and Wendy Kotchian, Fargo, ND, requested a variance of approximately 39' from the required ordinary high water level setback of 75'; a variance of approximately 1 '6" from the required shore zone setback of 37'6" for the addition of a second story to an existing 20' by 14' structure 36' from the required ordinary high water level; a variance of 8' from the required side lot line setback of 10' and a variance for the construction of a 28' by 14' single story storage f^ility to the east side of the old structure. The property is described as Lot 12. Balmoral Beach, Otter Tail Lake in Otter Tail Township. The audience was polled with no one speaking for or against the request. A letter from Steffen and Janice Christensen and Gary and Sharon Renier in favor of granting this variance request was read for the record. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship had been shown. The lot is fairly crowded. Myron 0. Hjelden - Denied Myron 0. Hjelden, Fargo, ND, requested a variance to leave an existing storage structure in its present location. The structure is not locatKl according to the shoreland management ordinance setbacks. The property is described as Lot 20. Block 1, Lida View Hills, Lake Lida in Lida Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Dan Oehler and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and to allow the applicant until October 1 st, 1993. to move the storage structure to a legal site Ixation. 749102 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA i ' Receipt No. Application Fee $ /4v^9-fusi^dtL_____ * Last Name lo% tj^pl< s<^ Street & No. * 5/*^ Owner;Phone: First I ■»•...'^ne.<^(<Leii rr Crty lx)~ Middle tlH State Zip No. R.i)Lake ClassLake NameLake No. Cb>r4-3/VIilASec.Twp. Range Twp. Name ZlOOLegal Description: -fx' lU <qL^ Fire No. or Lake ID # -oni ^oo (Parcel Number ^e-cioue. c/hlx'ri ^ re.f>(/K-e ii~ koHe- 9>B‘ h/Fck ^roH Th-e f-lorr^ fAr~th^r ThA'H 3}(i'Sfi'd^ VARIANCE REQUESTED IS: 3s'yife' WooU I irY J% Office of Gi/uniy Recorder County of Otter Tail I hereby cartity that the within Instniment was tiled tor record In this ofllce on the 15? dgy gf —A.D. 19^at and was dulSTMicrofilmed as Doc. # jL^3i,U2 y Cotm^HeorMr Deputy \D In orde^tp properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information\bout 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 mmfmmrennmCounty.'7 */ ^3 .Application dated -r5c/V\i£isignature Of Applicant! 19 93 .:7 /^.S' - rDate of hearing;Time:M MOTION AS FOLLOWS: Motion was made by Dan Oehler, seconded by Berton Olson and unanimously carried, to approve a variance of 15' from the required ordinary high water level setback of 100' for the replacement of an existing cabin with a 38' by 26' new structure 85' from the ordinary high water level. The new structure will be at least 15' further back than the existing structure. Hardship being the terrain features of the lot. ; C Chairman Otter Tail County Board of Adjustment0Permit(s) from Land & Resource Management required:YES NO .J - /6-ti mailed copy of Application to Applicant.(Date/lnilial) MKL - 0483-001 258,371 — Victor Lundeen Co.. Printers. Fergus Falls, Minnesota ^ .Scale: Each grid equals feet/inches GRID PLOT PLAN SKETCHING FORM Dated:19 Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures. ‘S? ! 4- 4\ ' ^3 8 215987®MKL-0871-029 VICTOR tUNDIEN CO., RRINTCRO. FEROUS FALLS. UINN. September 10th, 1992 Page 2 Marcia Jllek - Approved Marcia Jjlek, Fargo, ND, requested a variance of ) O' from the required drain field setback of 20' for the construction of a garage. The property is described as Lot 1, Okeson Beach, Eagle Lake in Eagle Lake Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Craig Anderson and unanimously carried, to approve a variance of 10' from the required drain field setback of 20' for the construction of a garage. The granting of this variance will not create any problems for the maintenance of the drain field. In addition, it should be noted that there is a drainage problem in this area and there is a culvert installed approximately 70' from the road. Austin R. Holtz - Approved Austin R, Holtz, Breckenridge, MN, requested a variance of 13' from the required ordinary high water level setback of 100' for the construction of a 20' by 24' addition to an existing cabin. The property is described as part of Government Lot 9, Section 31 of Dora Township on West Silent Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Bert Olson and unanimously carried, to approve a variance of 13' from the required ordinary high water level setback of 100' for the construction of a 20' by 24' addition to an existing cabin. The addition will be no closer to the lake than the original structure. Hardship being a substandard lot of record and a terrain feature making It Impossible to meet the lake setback. Joseph S. Sedivy - Tabled Joseph S. Sedivy, Richville, MN, requested a variance of 12' from the required road right-of- way setback of 20' and a 1' variance from the required side lot line setback of I O' for the addition of a carport. The property is described as Lot 6, Block 2 of the Amended Plat of Sub. Div. of Res. A-B-C-D of Haggstroms Beach and Lot 6, Block 1, Haggstroms Beach Addition, Pickeral Lake in Maine Township. The audience was polled with Don Roberts speaking in favor of the variance request. The Otter Tail County Highway Department recommends that this variance request not be granted. After consideration, motion was made by Cecil Femling, seconded by Craig Anderson and unanimously carried to table this request, for additional information from the Highway Department as to their reasons for recommending that this request be denied, until the October 1st, 1992 meeting. The Board of Adjustment has no objections to this variance request and would like to have the Highway Department informed that they should state specific reasons when objecting to a variance request. The Board suggested that Mr. Sedivy should remain at the meeting while an attempt is made to reach the County Engineer during the meeting, Wally Senyk, County Attorney contacted County Highway Engineer, Rich West and spoke with him regarding the applicant's variance request. Wally Senyk reported that the Highway Engineer's recommendation was based upon the Federal and State design standards for the reconstruction of highways. By modern design standards 50' right of ways from the center of the road are not sufficient and more space is needed for the proper construction of highways meeting present design standards. After additional consideration, motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to permit the applicant to amend his application to read as either a variance from the cartway or the road and that the affected land owners be re-notified of the amended request and that the applicant's request be tabled until the October 1st, 1992 meeting with no additional fee for the amended request being charged to the applicant. i i ST V oP Office Of Cuuruy Hecordei County of Otter Tail I hereby certify that the within inaryjn lor teco'rd in this office on the A.D. igjel and was Duly Microfilmed as Doe. 0 ____'I 'ifi , _ . County Recorder ^ dUh / ent was filed 1/ ___ day of 734130 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA Receipt No. Application Fee $ Last Name i'a Ka r cl Middle "7O ^ KVAap/c STl ^ r^c k^r\o idoe~ fyh SrreeTTwo * city ^ /-a^8-<bV3-y5"cf'r• AOwner:Phone: First vS '-S c2- O state Zip No. Lake Name Lake CiassLake No. D3J.tSL'N ^ (-UJ f^r ASec.Twp. Range Twp. Name 9.00Legal Description:pr, -Lof. 9-' flc. tn 1319 ' aj *• a.lii't ‘ 5 o Coe- Fire No. or Lake ID # Parcel Number - 3/- O/ 77 C)(3 I rs~t~-sic/^ O-P-“I'd Fi £ g,oft.K^O0, to dc/y k «' s i LJ> X/kfc To -QX-oor space hr r -P Ld E.( it^iT t”o Pryi£-rt ~f~ C\f\cf^r> T~Fl c ^dj, d/ VARIANCE REQUESTED IS:txJ co rvw d> rv 1A ot/d dd('f'z'o ir\ Tc> To S/>^a / J Lu £O f\UJ ou.IX Psa < X :s - £ct otA-6)^ , \Jo (T i! ^ n c eT e# ''" h J Po Tlpry(. ^©ij U %'t ! ^\ ^ Request a variance of 13' from the required ordinary high water level setback of 100' for the construction of a 20’ by 24’ addition to an existing cabin. In order to properly evaluate the situation, please provide as much supplementary information 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 tor a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. I understand I must contact my township in order to determine whether or not any additional variance and/or permits are required by the township for my proposed project. tApplication dated Signature Of Appiicant / /OrA IQ__7 PDate of hearing:Time:M MOTION AS FOLLOWS: Motion was made by Craig Anderson, seconded by Bert Olson and unanimously carried, to approve a variance of 13' from the required ordinary high water level setback of 100’ for the construction of a 20' by 24’ addition to an existing cabin. The addition will be no closer to the lake than the original structure. Hardship being a substandard lot of record and a terrain feature making it impossible to meet the lake setback. Chairman Otter Tail County Board of Adjustment Permit(s) from Land & Resource Mana^ment required:YES NO mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 256,371 — Victor Lundeen Co. Printers, Fergus Falls, Minnesota feet/inchesScale: Each grid equals GRID PLOT PLAN SKETCHING FORM 3dDated:19 Signature urrentlyPlease sketch your lot indicating s^backs from road right-of-way, lake and sideyard for each b on lot and any proposed structure^ A ; 1 I II ii !III II1 I I Q I> ■ / ^1 / 1I r I 1i ■\ 0\ 4V otT)0><3 >V. <rn ‘iS~r>r'\n VOA>♦ roK5-o a ■K \OS r-At bQT 2 'O o *- r’"~ •O 'f-X cZ> ■- i ■TsOcC) k- , ,oI 'ai! 1 '% Ta _4l-___4/■H i -'A i!A ;■ I t -f 1 + -t !t i t r 11l J o X 1 O I UJ orc<;3O1it(V,_i -.f- ■U QI1CvJC\J w ;iSItoCO■•‘’k 21598 7®fMKL-0871-029 vicro* LuNoeCH co.. pmihteks. pcneus tails, winn.