HomeMy WebLinkAbout52000990302000_Variances_07-14-1994Variances
2
Barcode 128
V Office of County H.eccrder a a /I d<^ County of Otter Taii ‘ ^ yj 7B4281
I htnby owWy that tht tnstnwwnl was Madior^k,ihtsoiflea(»tha^^a_d.yof APPLICATION FOR VARIANCE
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UJ 7ML COUNTY, MINNESOTA
j(5olC/Receipt No.
County Recordef Application Fee $, 2-1-2.3£3Daputy'
(612) 427-5962PatrickSullivanA.Owner:Phone:MiddleLast Name First
517 Dayton Road 55316Champ1inMN
City State Zip No.Street & No.
GV56-130 Big Pine Lake Lake ClassLake No.Lake Name
/4 3f . cSec.Twp.Twp. NameRange -t
Legal Description:
-Lots 10 and 11 Grandview Heights Kapler's First
Addition.
previously filed with Bill Kalar.
Fire No. or Lake ID #
See also new legal description on surveys.
Parcel Number
VARIANCE REQUESTED IS:
1 commenced litigation against Ted and Janina Misiak, the owners of Lots 11 and 12
when I discovered that my cabin encroached upon Lot 11 by approximately 19 feet. To
the best of my knowledge, the cabin was built approximately 50 years ago. A survey
revealed the encroachment. In my law suit, I sought ownership of part of Misiak's
property by adverse possession. We have settled the law suit, and I have agreed to
purchase a portion of Misiak's Lot 11 (see new legal description on surveys),
will require a lot split and a variance from the 10 foot side yard setback, and
possibly a variance from the requirement of 20 feet between improvements.
This
ri) J g g B W I?
I I99«
I LAND & RESQURcf j ^
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 for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail
County.
Signature Of Applicant
19__24Application dated May . X
19 7/ . Time:z__^Date of hearing:M
MOTION AS FOLLOWS:
Motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to approve a variance
to subdivide Lot 11 of Grandview Heights Kapler's First Addition and a variance of 5' from the required side lot
line setback of 1 O' for the location of an existing cabin 5' from the new lot line that will be created by the
subdivision of Lot 1 1. It should be noted that the location of the existing building encroaches on Lot 11 and the
granting of the variance will allow for the settlement of an agreement that has been reached between the
property owners. After additional discussion, motion was made by John Everts, seconded by Craig Anderson
and unanimously carried, to permanently combine the balance of Lot 11 with Lot 12 and that the combined lots
be considered a buildable lot for one residential dwelling,
.Chairman
Otter Tail County Board of Adjustment
YES NOPermit(s) from Land & Resource Manag^ent required:
t * i
mailed copy of Application to Applicant.(Date/Initial)
MKL — 0483-001
258,371 — Victor Lundeen Co., Primers, Fergus Fails, Minnesota
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Prepared By:i?:TERRy5liEBa'AN0ERS0S;gCANP<fS0RVETORSil
923 South Oak Street
Fergus Falls, MN 56537
Phone: 218-739-4920
certify that this Survey, Plan or Report was prepared
under my direct supervision and that I am a duly
Land Surveyor under the laws of the State of Minnesota.
aerson (Mjfrrffesota Registration Number 14676)
sr 28, 1993
si
July 14th, 1994
Page 2S'
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I
fPatrick A. Sullivan - Approved
Patrick A. Sullivan, Champlln, MN, requested a variance to subdivide Lot 11 of Grandview Heights Kapler's
First Addition and to transfer approximately 3,500 square feet of Lot 11 to Lot 10 of Grandview Heights
Kapler's First Addition and a variance of 5' from the required side lot line setback of 10' for the location of an
existing cabin 5' from the new lot line that will be created by the subdivision of Lot 11. The property is
described as Lots 1 0 and 1 1, Grandview Heights Kapler's First Addition, Big Pine Lake in Pine Lake Township.
The audience was polled with no one speaking for or against the request. After consideration, motion was made
by Craig Anderson, seconded by John Everts and unanimously carried, to approve a variance to subdivide Lot
11 of Grandview Heights Kapler's First Addition and a variance of 5' from the required side lot line setback of
10' for the location of an existing cabin 5' from the new lot line that will be created by the subdivision of Lot
I1.lt should be noted that the location of the existing building encroaches on Lot 11 and the granting of the
variance will allow for the settlement of an agreement that has been reached between the property owners.
After additional discussion, motion was made by John Everts, seconded by Craig Anderson and unanimously
carried, to permanently combine the balance of Lot 1 1 with Lot 12 and that the combined lots be considered a
buildable lot for one residential dwelling.
V't
!
Don and Darla Rudnick - Approved
Don and Darla Rudnick, Fargo, ND, requested a variance to subdivide the south 25' from an existing parcel of
less than 2.5 acres. The south 25' will be transferred to the adjacent property owner. The property is
described as part of Government Lot 3, Section 29 of Dunn Township on Lake Lizzie. The applicants were
represented at the hearing by Marshall Gauer. The audience was polled with no one speaking for or against the
request. After consideration, motion was made by Carl Johnson, seconded by Craig Anderson and unanimously
carried, to approve a variance to subdivide the south 25' from an existing parcel and to permanently attach the
south 25’ to the adjacent property owner parcel. The granting of the variance request will make a substandard
lot less substandard.
James A. Klinnert - Approved
James A. Klinnert, New York Mills, MN, requested a variance of 1 O' from the required 30' top of bluff setback
for an addition to an existing structure 20' from the top of the bluff. The property is described as Lot 4, Block
1, Herman's Woods, Big Pine Lake in Pine Lake Township. The audience was polled with no one speaking for or
against the request. After consideration, motion was made by Carl Johnson, seconded by Craig Anderson and
carried with Cecil Femling voting no, to approve a variance of 10' from the required 30' top of bluff setback
for an addition to an existing structure 20' from the top of the bluff. Hardship being a pre-existing building in
the bluff zone. It should be noted that there will be no basement constructed under the addition, the terrain
slopes away from the point of the bluff, the natural drainage is to the south and west, and the applicant will do
whatever is necessary to assure that the drainage will be directed to the south and west of the building away
from both the bluff area and lake. The granting of the variance will allow the applicant to enjoy the same
rights and privileges as others in the area.
SCANNED
I
July i^tn, 1994
Page 1
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
July 14th, 1994
The Otter lail County Board of Adjustment met Thursday. July 14th. 1994, with the following persons in
attendance;
Craig Anderson
John Everts
Cecil Fern ling
Carl Johnson
George Walter
. Kyle Westergard, Land and Resource Management
Wally Senyk, County Attorney
CALL TO ORDER - The meeting was called to order at 7:00 p.m. by Chairman George Walter,
MINUTESAPPROVED-July 7th. 1994
Hearing no corrections or additions the minutes of the July 7th. 1994 meeting were declared approved as
mailed.
The following variance requests were heard:
Rick R. Weisser - Approved/Denied
Rick R, Weisser. Fargo. ND. requested a variance of 10' from the required 10' west lot line setback, a variance
of 5' from the required 10' south lot line setback, a variance from the required road right-of-way setback and
a variance of 8' from the required holding tank setback of 10' for the construction of a 24' by 28' garage
directly on the west lot line and being 2' from the holding tank and 5' from the south lot line. The property is
described as Lot 3. Dunneden Beach, Lake Lizzie in Dunn 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 5' variance from the required 10' south side lot line setback.
Hardship being a substandard lot of record. After additional consideration, motion was made by John Everts,
seconded by Craig Anderson and unanimously carried, to deny the road right-of-way variance as requested as
the applicant can have a reasonable use of his property v/1thout the granting of the variance. It should be noted
that since the road right-of-v^ay variance request was denied no action was considered relative to the holding
tank variance request.