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HomeMy WebLinkAbout49000270205009_Variances_04-06-2006Variances 2 Barcode 128 997826 B96404 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify this instrument #—r — was filed/recorded in this office for recprd on the__L^day of ^in this officil^ .day of ________ 2006 atil^D^pm ecording fe OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that . this instrument <t_ was filed/recorded in this office for record on.the I tT ------^ P/^aJ ?nimat ^ o^mjfijTn Wendy by; o/recoroeo in tnis ottice rd on4he JX__day of llMetcalf, County F^obrder IXhBccjy .recording fe -Well certificate .recording .well certifi^te A' m 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 Receipt NumbeL fEB 13 Z006 land & RtSOURCE COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER l>in<K j\. ^A(FPl^ MAILING ADDRESS {?-d. 6c)( 5/r s^54>/ Accepted By / Date DAYTIME PHONE LAKE CLASSLAKE NUMBER <51?- 3 / LAKE NAME____ SECTION ^7 TOWNSHIP )3 / RANGE ^>37 TOWNSHIP NAME Q<<^ltuer r Ne' PARCEL NUMBER RH^looo^vo^o r?^3 E-911 ADDRESS •s- LEGAL DESCRIPTION //.^O AcieS QX-.- 1- %f uuy '2.^ ^^X Tif^S TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewaae System Subdivision )(" Cluster Misc. v> SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. (ajL. fl> CfieA'U A 2 Ace.^ ro/) SacK ^~*4 4z> ^ /l.^o M-rs' yhAcr^ Lt>'i: ^3^ ^^c/eStfd ^fU. iS Ir^ — Ci>^X ^ fJ 4 It/ult ^iTc/ li 'Thii /$ Yv ko'f r£>«^#c i/(U oj^ drtiue^ u.Atj 4 H' ix®/'* —Yr I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND 2,0 MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. W I ALSO UNDERSTANCJJtHAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & JRC6l0iANA<3EMENT REGARDING THIS MATTER. ^^IGNATURE OF PRO^^ OWNER' J¥i^< DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) SCANNED Date Of Hearing <P! i L 300 ^Time '7-o^/’'n Motion Richard A & Debora K Gappa - Denied. (7:06 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with Paul Larson and Rick Wilson voting no 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 approving the variance as requested would create a grossly substandard lot. 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. Reconsideration of the Richard A and Debora K Gappa (7:10 p.m.) Thursday, May 4, 2006 L R'Official/Date After the April 6,2006 Board of Adjustment meeting it was noted that the applicants’ variance application contained an incorrect lake classification, therefore, this application is being presented at this hearing to the Board of Adjustment to determine if the outcome would have been the same had the Board known the correct lake classification. Richard A & Debora K Gappa - Approved the variance application as requested with a condition. (7:10 p.m.) After review, consideration and discussion at the May 6, 2006 Board of Adjustment meeting, Steve Schierer made a motion seconr by Midiffa^tM^s and carried with Joe Maske abstaining, to approve the proposed subdivision as described in the variance applicationvdatednEebriiLSi^oSFaEQO&iand as depicted on the drawing submitted with the variance application with the condition that i registered surveyor’s drawing must be presented at the time of conveyance. The Board noted that the variance as approved will create a metes and bounds parcel that exceeds the minimum required size for platted back lots on a general development lake anc which is also consistent with the size of other back lots in this immediate area. CERTIFICATE OF SURVEY S 99*37‘21“ V 920. SO 1, —27-1/4 COR. iJJ-37 — —- —._____ro CENTER OF CIRCLE That part of Govarnaant Lot 1. Section 27. Township 131 North. Range 37 '/ast. Ottartall County. Minnesota, described as follows: Commencing at the north quarter corner of said Section 27; thence on an assumed bearing of South 89 degrees 37 minutes 21 seconds Uest along the north line of said Section 27 a distance of 920.S feet to a point on the centerline of State Highway 29, said point being on a 5729. 40 foot rgdius highway curwe, the center of said curve bears South 36 degrees 20 ainutes 35 seconds East from said point; thence southerly along said curve 396.32 feet, central angle 3 degrees 57 minutes 48 seconds East from said point: thence South 39 degrees 37 minutes 21 seconds Vest 425.02 feet; thence South 00 degrees 22 minutes 39 seconds test 310.00 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 22 ainutes 39 seconds cast 639.57 feet to the north line of that land recorded In Book 397 of Deeds, page 481; thence South 99 degrees 25 ainutes 00 seconds Vest along the north line of said land 721.37 feet to the southeast corner of that land recorded in Book 405 of Deeds, page 37; thence North 38 degrees 20 minutes 00 seconds East along the east line of said land 498.23 feet; thence continuing, along said east Una North 28 degrees 13 ainutes 00 seconds East 254.13 feat; thence continuing along seid east line North 06 degrees 56 ainutes 00 seconds East 30.50 feet; ^ thence North 89 degrees 37 ainutes 21 seconds East 284.77 feet to the point of beginning. ___ _ j Containing 7.02 /teres more or less. SYMBOLS - 1/2“ PIPE SET. MARKED KITH A PLASTIC CAP NUMBERED RL313077 = IRON SURVEY MONUMENT POUND DLU < OC/D Prepared For: RICHARD GAPPA CURTIS J. STOECKEL Minnesota Registered Land Surveyor 1315 M. Nokmie AJejemnarlt. m 5630$ .“h. 3S0-7«3~4$SS Fee S2a~7$3-«34i 3016 s April 6,2006 Page # 2 Roberta Holman and Pamela Suchor - Denied. (6:47 p.m.) Roberta Holman and Pamela Suchor, part of Lot 6, Inlet Beach, Lake Lida in Lida Township, requested a variance of 20’ from the required road right-of-way setback of 20’ for the placement of 20’ by 24’ garage 0’ from the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Mark and Bobbie Holman in support of the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson 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 the development as proposed does not fit with the measurements provided in the application and other supporting documentation. John H and Barbara Hansen - Approved the requested variance with a condition. (7:02 p.m.) John H and Barbara Hansen, Lot 5 Falk’s Beach, Little Pine Lake in Pine Lake Township, requested a variance of 8’ from the required side lot line setback of 10’ for the replacement of a roof located 2’ from the lot line. The audience was polled with James Diehl questioning the width of the overhang. After discussion and consideration, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 8’ from the required side lot line setback of 10’ for the replacement of a roof located 2’ from the side lot line with the condition that the exterior walls of the existing structure cannot be reconstructed. Reconstruction does not include painting or new siding which would be considered normal maintenance for exterior walls. The Board noted the proposed project will not increase the footprint of the existing dwelling and the proposed project is normal structural maintenance. iichard A & Debora K Gappa - Denied. (7:06 p.m.) Richard A & Debora K Gappa, part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter, Section 27 of Parkers Prairie Township by Lake Adley, requested a variance to subdivide a 2 acre parcel (approximately 310’ by 285’ or 88,350 square feet) from an existing 11.4 acre tract. Minimum size required for a metes and bounds parcel in the shoreland area is 5 acres. Minimum size required for a platted back lot in the shoreland area is 400’ of width and 160,000 square feet of area. The audience was polled with no one speaking for or against the variance as requested. Letters from Vic Benzinger, Ray Caauwe and George M (Shorty) Revering in support of the variance as requested were read for the record. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with Paul Larson and Rick Wilson voting no 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 approving the variance as requested would create a grossly substandard lot. Michael and Cheryl Nelson - Denied. (7:12 p.m.) Michael and Cheryl Nelson, West Half of Lot 5 Block 3, Crystal-Lida Beaches, Lake Lida in Lida Township, requested a variance of 8’ from the required side lot line setback of 10’, a variance of 15’ from the required shore impact zone setback of 50’ and a variance of 65’ from the required ordinary high water level setback of 100’ for the placement of a 6' by 12’ storage shed 2’ from the side lot line and 35’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. A letter from Tom and Kirsten Anderson in support of the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and carried with Paul Larson voting no, to deny the variance as requested noting a grossly substandard lot, a very congested area and the fact that had the request been submitted prior to the placement of the 6’ by 12’ shed the Board would not hayg grantecLthe requested variances. May 4, 2006 Page # 3 / Reconsideration of the Richard A and Debora K Gappa (7:10 p.m.) The following is the request and action from the Thursday, April 6, 2006 Board of Adjustment Meeting - Richard A & Debora K Gappa - Denied at. (7:06 p.m.) Richard A & Debora K Gappa, part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter, Section 27 of Parkers Prairie Township by Lake Adley, requested a variance to subdivide a 2 acre parcel (approximately 310’ by 285’ or 88,350 square feet) from an existing 11.4 acre tract. Minimum size required for a metes and bounds parcel in the shoreland area is 5 acres. Minimum size required for a platted back lot in the shoreland area is 400’ of width and 160,000 square feet of area. The audience was polled with no one speaking for or against the variance as requested. Letters from Vic Benzinger, Ray Caauwe and George M (Shorty) Revering in support of the variance as requested were read for the record. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with Paul Larson and Rick Wilson voting no 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 approving the variance as requested would create a grossly substandard lot. After the April 6, 2006 Board of Adjustment meeting it was noted that the applicants’ variance application contained an incorrect lake classification, therefore, this application is being presented at this hearing to the Board of Adjustment to determine if the outcome would have been the same had the Board known the correct lake classification. Richard A & Debora K Gappa - Approved the variance application as requested with a condition. (7:10 p.m.) After review, consideration and discussion at the May 6, 2006 Board of Adjustment meeting, Steve Schierer made a motion second by Michael Harris and carried with Joe Maske abstaining, to approve the proposed subdivision as described in the variance application dated February 8, 2006 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. The Board noted that the variance as approved will create a metes and bounds parcel that exceeds the minimum required size for platted back lots on a general development lake and which is also consistent with the size of other back lots In this immediate area. (Break 7:15 p.m. to 7:30 p.m.) Delvern S and Janice M Husfeldt - Denied. (7:30 p.m.) Delvern S and Janice M Husfeldt, Lot 5 Block 1 Oak Shores Second Addition, Rush Lake in Rush Lake Township, requested a variance of 6’ from the required road right-of-way setback of 20’ for the placement of a 32’ by 48’ structure 14’ from the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Andrew Klinnert, Chairman of Rush Lake Township, stating that the township had no objection with the variance as requested was read for the record. After consideration, Steve Schierer made a motion, second by Joe Maske to approve a variance of 6’ from the required road right-of-way setback of 20’ for the placement of a 32’ by 48’ structure 14’ from the road right- of-way. This motion failed with Cecil Femling and Randall Mann voting no and with Paul Larson and Michael Harris abstaining. Those voting against the motion noted that there is no adequate hardship unique to the property that would allow for the granting of the variance as requested and noting that the applicants have adequate room on there property and could have placed the 32’ by 48’ structure in a location which would not have required a variance from the required road right-of-way setback of 20’. It was also noted that had this request been submitted before the project was completed it would have been denied for the same reasons. After additional discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to allow the applicants 120 days to b@/!PteAtt8tctiK^ iptoieqtfnpliance with the required road right-of-way setback.