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HomeMy WebLinkAbout52000100048000_Variances_06-04-2009Variances Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1058245 1058245 I hereby certify that this instrument # was filed/recorded in this office for record on the 11 day of ^ ^ ------2009 byUJjg^v^(lb-LOcW<y trecording f well certific i^L 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 VA.^ ftcK^rj A. lAennrs St» lib Ml :s2«mnDAYTIME PHONEPROPERTY OWNER VMe,V^^cr. PT\KJMAILING ADDRESS LAKE CLASSLAKE NAMELAKE NUMBER £13/p ToiOnsKip ^A'LV\ L^Ke SECTION \Q TOWNSHIP NAMERANGETOWNSHIP E-911 ADDRESS PARCEL NUMBER ^5ZOOO\000 COO 0o\<^ DecCr\'oQ\ Ln - ^6 c& M /5i<5 (p \1.\3cvcne5 Com™T' By W CrL ^ cf (5-1 Z Term SE C-Cft, TYPE OF VARIANCE REQUESTED (Please Check) x;Misc.Subdivision ClusterSewage SystemStructure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^rom/^Vscv-tNc^e. ArVse \cdCc>Mc>^ \V\e, (^arcLjo^,^ ^WV \oc. VxouSc. a WecZ.e\NAv^ ^foYv\ V\ova.Sr.. \:><x.c-V\S ^t'ovvn, VV\^ l>!)'U ^'V'Cv.y <X\ \xz' S-r-QYV8voaA Samg.. S(Xtyic 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^ 3-\vo<^ NER / AGENT FOR OWNERI DATESIGNATURE OF PROPS APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)RECEIVED MAY 1 2 2009 LAND & RESOURCE aoo^Date Of Hearing Time Motion Richard A. and Susan D. Hennes - Approved the variance application as requested. (4:43 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and carried with Michael Harris and Randall Mann voting no, to approve the variance as requested in the application dated May 11, 2009 and as depicted on the drawing submitted with the variance application. Those voting in favor of the motion indicated that the applicants’ proposed development is not a significant change from the previously approved variance and those voting against the motion noted that the applicants have adequate room to place the proposed development at the required 200’ setback from the ordinary high water level. aimTan/Offer Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329.512 - Victor Lundeen Company, Fergus Falls. Minnesota ^ppnsv«^ bu Vai! ia,nC2- S-T-oQ OLU Z< oc/5 pU<^ . I,a. i33~2- l yOLD CABIN WELC" ■ \ GAa<\(3g / b107’-0"225-0''CMCM b COCO R\C_;VvG, vr^ ^ Svj<L U CENTER LINE OF DRIVEWAY Notice of Hearing for Variance 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 vmw.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Richard A. and Susan D. Hennes 3275 E 260"^ St. Webster, MN 55088-9510 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 4, 2009 at 4:30 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 part of Government Lot 2, Property Address - 44234 Nitche Lake Road Section 10, Township 136, Range 38 - Township Name - Pine Lake Lake No. 56-126, Lake Name - Nitche, Class - NE The variance requested is - the following: Change the location of the garage from the first variance granted plus add a breezeway. Garage will be along side house separated by a breezeway from the house. Setbacks from the lake will stay the same at 122’. Setback from the road right- of-way will stay the same. fiyc^ne Stein Board of Adjustment Secretary Date: May 14, 2009 FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cynara Stadsvold.: Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1. Will the request have an adverse effect on government services? Why or why not?2. Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Why or why not? 3. Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this factor) Why or why not? 4. How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5. Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6. Does existing sewage treatment need upgrading?7. Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?8. In light of all of the above factors, would denying a variance serve the interests of justice? Why or why not? The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted. 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 certilV that on the 15th, day of May, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Richard & Susan Hennes, 3275 260'^ St. E, Webster, MN 55088-9510 Margaret Mattfeld, Twp Clerk of Pine Lake, 41718 County Highway 53, New York Mills, MN 56567 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, 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 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Joe Maske, 14833 Lake Olaf Rd S, Peiican Rapids, MN 56572 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, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud A /.. <Vr’'.-V>-,'> K. X > •« >■ X «. '•■ ■• > > '■ r X X XX .'X xxx!'X XXX XX > PROPOSED DESCRIPTION: All that part of Government Lot 2,Section 10,Township 136 North, Range 38 West, Otter Tail County Minnesota, lying easterly of Nitche Lake and westerly of the following described line: j \V%Commencing at the southeast comer of said Government Lot 2; thence on an assumed bearing of South 89 degrees 57 minutes 12 seconds West a distance of 1326.61 feet to the point of beginning of the line to be described; North 00 degrees 06 minutes 49 seconds East a distance of 1310.60 feet to the north line of said Government Lot 2 and there terminating. Containing 17.1 acres, more or less. tt- % Subject to easement for Township Road right-of-way. Subject to any and all easements of record. IS 89-49’35” W 1318.03 \\ East Line Gov’t. Lot 2 33' 33’ w , O Iq CP to IRON PIPE FOUNDI«IRON PIPE SET W/ CAPm I MARKED #43415 1734896.04+ SQ. FT. 39.83+ ACRES SECTION UNEC/t PROPERTY UNEw ( CP I RIGHT OF WAYC/l 1hOI LO Q < O I >- h- 3 O I o South Line Gov’t. Lot 2 i SE Cor. Gov’t. Lot 2, Sec. 10, T 136 N, R 38 W I1oS 89’57’12* W 1326.51 to V)ROAD to 100 I SCALE IN FEETiIBEARING SYSTEM IS BASED ON ASSUMED DATUM FOR THE SOUTH LINE OF GOVERNMENT LOT 2 AS S 89*57’12” W95 (T a: Sheet No. EMMONS & OUViER RESOURCES of 1ao4w.Fmrn. nwxM PMKMPIDS MNIM76 881 HMfAVE. HORIH 0MaMU,MM 88128 PHONE: (881) 7n4448 FAX:(8B1)77IM862 WEBSITE; www.Mrtnc.coni 1[1©1i’0(6)1j D tl(u ©iK’FW "if. liTi ''4''' r[P[F®5®©S 1Sheets> V