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HomeMy WebLinkAbout47000300201000_Variances_12-13-2001II I II llll lllll 111111111111111 Variances 2 Barcode 128 895033 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, !=!:RGUS FALLS, MN 56537 (218) 739 -2271 *** COMPLETE THIS APPLICATION IN BLACK INK*** {!JJ_#Jf500 Application Fee _$_1_5_0_._0_0 __ Receipt Number ~:.,,,:...--1-.J..-1-=-- Accepted By / Date_~"-A--""-L.---'-''---1-J<>--: PROPERTY OWNER ___ A_RM_O_N_D_B_A_RA_S_A ___________ DAYTIME PHONE 218-631-2505 ADDRESS ___ l4_6_7_J_a_m_e_s_W_ay._W_e_s_t~, __ A_n_a_h_e_im_C_A_9_2_8_0_1 ________________ _ LAKE NUMBER 56-141 LAKE NAME ___ R_u_s_h_L_a_k_e _________ LAKE CLASS --=-GD;c.._ __ _ SECTION 30 TOWNSHIP 135 RANGE 38 TOWNSHIP NAME Otto --------------------- PARCEL NUMBER ____ 4_7_-_0_0_0_-_3_0_-_0_2_0_1-_0_0_0 ______ E-911 Address __ R_-_6_3_0 ______ --,--_ '-lb~ -ye; J;,c 1c:o,., ,.-,J LEGAL DESCRIPTION Section 3, Twp 135, Range 38 TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback __ Structure Size __ Sewage System __ Subdivision 2{_ Cluster __ Misc. __ SPECIFY VARIANCE REQUESTED A variance was issued on November 12, 1999 which required a 66 foot roadway across parcels "A" and "B". The SW corner of the home is 65 feet from the south line and the drainfield is 50 feet from the south line. The access easement is only 30 feet wide and to increase the roadway from 30' to 66' when it will serve only parcel "B" is impractical and it is impossible if it is to cross parcel "A" because of the location of the home and drain field. Further this road will not serve any property to the west as they are served by a seperate road access. We would like to have the November 12, 199 variance amended to remove the requirement for the 66 foot roadway. 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. November 9 1 2001 TY OWNER Attorney for owner APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date!Time Of Hearing) DATE C IVEO NOV 1 3 2aa1 LANO & RE: OURCE:: Date Of Hearing -------'~:z_-__ ,_3_-_o_/ _________ Time __ 6_._· :3_o_/?_m_. __ Motion Armond Barasa -Approved as modified. Motion was made by Randall Mann, second by Steve Schierer and carried with Mark Steuart voting no, to approve the removal of the condition placed on the November 12, 1999 variance approval from only the tract identified on the applicant's drawing as Parcel "B", with the provision that the condition from the November 12, 1999 variance approval must remains in place for Parcel "A" and with the provision that the existing drain field on Parcel "A" can remain in its present location. Hardship is the unique shape of the applicant's property and the inability to plat the property without obtaining a variance for the public road. Per~) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR l/J1I; l~/JB/ol L R Official/Da(e I bk 0501-001 305,391 • Viclor Lundeen Cc., Prinlers, Fergus Falls, MN • 1-800-346-4870 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, December 13, 2001 The Otter Tail County Board of Adjustment met Thursday, December 13, 2001, with the following persons in attendance: Linda Bergerud David Holmgren Steve Schierer Pat Eckert, Land and Resource Management Cecil Femling Randall Mann Mark Steuart David Hauser, County Attorney Call to Order -Randall Mann, Chair, called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - Hearing no corrections or additions the minutes of the December 5, 2001 meeting was approved as mailed. The following variance requests were heard: Armond Barasa -Approved as modified. Armond Barasa, Anaheim, CA, requested the following: "a variance was issued on November 12, 1999 which required a 66 foot roadway across parcels "A" and "B". The SW corner of the home-is 65 feet from the south line and the drain field is 50 feet from the south line. The access easement is only 30 feet wide and to increase the roadway from 30' to 66' when it will serve only parcel "B" is impractical and it is impossible if it is to cross parcel "A" because of the location of the home and drain field. Further this road will not serve any property to the west as they are served by a separate road access. We would like to have the November 12, 1999 variance amended to remove the requirement for the 66 foot roadway." The property is described as part of Government Lot 2, Section 30 of Otto Township by Rush Lake. Luther P. Nervig, Attorney, and Tom Helcl, an adjacent property owner and realtor, represented the applicant at the public hearing. The audience was polled with Dean Schultz and Marlin Brutlag, Otto Town Board · Members, questioning whether or not the applicant's variance request affected an existing township road. They were informed that it did not and they indicated that they had no concerns with the applicant's request so long as there was no impact to any existing township roads. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and carried with Mark Steuart voting no, to approve the removal of the condition placed on the November 12, 1999 variance approval from only the tract identified on the applicant's drawing as Parcel "B", with the provision that the condition from the Novemper 12, 1999 variance approval must remains in place for Parcel "A" and with the provision that the existing drain field on Parcel "A" can remain in its present location. Hardship is the unique shape of the applicant's property and the inability to plat the property without obtaining a variance for the public road. Patricia and Gregory Marzolf -Approved a side lot line variance as requested. Patricia and Gregory Marzolf, St. Paul, MN, requested a variance to sell off Lot 18 to some friends. The lot meets all requirements, to the best of our knowledge, except for the garage on Lot 19. The corner of the garage is only 7' 9" from the lot line. Lot 18 has 115' of frontage and 22,500 total square feet. The former owner had told us that she thought the property was sub-dividable. The variance needed is a variance of 2' 3" from the required side lot line setback of 1 O' for the placement of an existing building 7' 9" from the common lot line between Lots 18 and 19. The property is described as Lots 18, 19 and 20, Marion Lodge Trail, Marion Lake in Dead Lake Township. A letter from Marilyn M. Forness in support of the applicants' request was read for the record. The audience was polled with no one speaking for or against the request. PARCEL 1.62 ACRES +/- WEST 197:60 174.1 ' PARCEL 0 0 A 1.15 ACRES +-/- CER nFICAT[ ! I I ') WEST ; 301.44 and correct representation of a survey , [ ~d land, and that this survey was prepc ed by md that I om o duly Registered Land S rveyor esoto. Doted this 11th day of October, !999. R~ -"'· ·-o .. 1.:: , .... '' i::. NOV 1 3 200 1 LAND & R!:SOURCE / I L .. ,• SOUlHWE! A LINE PARALLEL v.1TH THE : I hereby certify that lht County requirements for ~( ,s po.·V c e \ LS -t--he.., ,.r\o0 \aCD.-\-ed . PARCEL A All that part of Government Lot 2, Section 30, Township 135, Range 38, Otter Tail County, Minnesota, described OS follows: ! Commencing at ~he southeast corner of said Government Lot 2; thence on on assumed bearing; of North 2 degrees 06 minutes 40 seconds West along the east line of said Government Lot 2, a distance of 493.00 feet; thence on a bearing of West, parallel \ wi th the south line of said Section 30, a distance of 664. 70 feet to the point of beginning of the land to be described; thence on a bearing of East, 'parallel with said south line of Section 30, a distance of 200.00 feet to the westerly line of said ALMAR ACRES, according to the recorded plat thereof;: thence South 9 degrees 48 minutes 00 seconds East along said westerly line,\ a distance of 30. 44 feet to the southwest corner of said ALMAR ACRES: tr.:ence on a bearing of West parallel with said south line of Section JO, a distance of 301.44 feet; thence North 9 degrees 58 minutes 00 seconds West a disfa~ce of 419 feet more or less to · the shoreline of Rush . Lake; thence northeas,terly along said shoreline ·fo t_he _ intersection with a · line which bears NortH 09 d, "]rees 58 minutes 00 seconds West from the point of . beginning; thence ,.So«-!th 09 ,Jegrees 58 minutes 00 seconds East a distance of · 431 feet more or less. to the point of beginning. · . . . • . . ·. . . · .. , ;< ~-. . . . Containing · 1.15. acres rnpre · or less. Subject to easements and reservations of : record, if any. Reserving. an ingress and egress ·easement over that part of ·said Government Lot 2, described as follows: :_. • -[ -• J. ::r.:t• Commencing at the southeast corner of said Government Lot 2; thence on an assumed bearing of N~rth 2 degrees 06 minutes 40 seconds West along· the ·east line of said Government Lot 2, a distance of 493.00 feet; thence on a bearing of West, parallel with the south line of said Section JO, a distance of 664. 70 feet to the point of beginning of the land to be described; thence on a bearing of East, parallel with said south line of Section 30, a distance of 200. 00 feet to the westerly line of said ALMAR ACRES, according to the recorded plat thereof; thence South 9 degrees 48 minutes 00 seconds East_ along said westerly line, a distance of 30. 44 feet to the southwest corner of said ALMAR ACRES; thence on a bearing of West parallel with said south line of Section JO, a distance of 301. 44 feet; thence North 9 degrees 58 minutes 00 seconds West a distance of JO. 46 feet to the intersection with a line which bears West from the point of beginning; thence on a bearing of East a distance of 101 . 53 feet m ore or less to the point of bP.ginning.