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HomeMy WebLinkAbout53000050028000_Variances_06-09-1994Variances Barcode 128 /O, . Ottice St uSUiiiy Hecoraer (.■^cVr County of Otter Tail \ ' I hereby oer«y that the within ms^ent was tiled b) ihls office on the —^-------bey A.D. \%9JL at Sl30 J (My MkntUnwd as Doc. f —VO.WlA. ^fYvo^ (7 County Recofdef I / __________ Deputy 762145 APPLICATION FOR VARIANCE FHOM OTTER TAIL COUNTY, MINNESOTA y/V ^5- (<oJd^ gc25-57g^ 5 5Uoy Receipt No. Application Fee $ £t. /! I. Phone:Owner:MiddleFirstLast Name /flxAjAJSftf^DFtS, , /Da)3^ S2. ^IL xoT /!o£- S OOTH Zip No.StateCityStreet & No. Sbf\I\ PRIoa)54- aM3)Lake ClassLake NameLake No. L335/55 AKtOSWTwp. NameRangeSec.Twp. /)PPRoy. 50o' SoaTrt crF Legal Description:Fire No. or Lake ID # Fae n~J /4 5 oF Q L- VJfcST oF ^oAbsOOTH 53-ooo-jd 5- oo5fi"00oParcel Number VARIANCE REQUESTED IS: >LO 7 MfXAX^Xyy.->tSj ys' ofiuJL ^Cu UJtLL BtT aJo CLo$a To LRte^lorLuJtS oA txxsriAJG ^TR^./?cS, ' oK. To A£)D Tfrjrs ptR. PltoAjt C-Atu To ^ tXovU jlAAr^JULAiyUn-^ 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 Taii County, iguadatab ^ I data ..^C/CrHy-OAl /^yOUcfeA.)____CfiyOAAj\.<ty<lSly0^ Signature Of Applicant ' Application dated ? Art £___A a, S'- S'19 ’^ime: "Tct^/eo/ Y Date of hearing:M MOTION AS FOLLOWS: '4 Motion was made by Craig Anderson, seconded by Carl Johnam to approve the variance as requested with the conditions as stated in the County Engineer's letter and with the understanding that the variance is subject to change based on any new ordinances that might affect this property in the future. After additional discussion the above motion was withdrawn. Motion was then made by Craig Anderson, seconded by Carl Johnson and unanimously carried, to allow no buildings or equipment to be placed within the 20' road right-of-way setback and to only allow the placement of a recreational camping unit, with a maximum size not to exceed 8' by 28', and the recreational camping unit must also have self contained holding tanks for sewage and grey water. Hardship being a substandard lot of record and the granting of the variance will allow reasonable use of the applicant's property. . (g Chairman Otter Tail County Board of Adjustment Permit(s) from Land & Resource Manag^ent required: ^ I I NOYES mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 258,371 — Victor Lundeen Co., Printers. Fergus Falls, Minnesota Juno 2nd; 1004 Page 5 Dale B. Currier - Denied Dale B. Currier. Minneapolis, MN. requested a variance of 7' from the required side lot line setback of 10' for the construction of a 14' by 6' addition to an existing 14' by 24' garage 3' from the side lot line. The property Is described as Lot 16. Sater-Humphrey Ranch Camp, Ten Mile Lake in Tumuli Township. The applicant was represented at the hearing by Gerald Currier. Letters In favor of the granting of the variance request from Donald Searles, Gerald Currier and Paul Demmer were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by George Walter to approve the variance as requested. After additional discussion and consideration It was determined that currently over 25^ of the lot was covered by impervious surfaces. The previous motion to approve the variance as requested failed to carry with all members of the board voting no. Craig Scheldeckar - Denied Craig Scheldecker, Fergus Falls, MN. raiuested a variance of 2' from the required side lot line setback of 10' for the construction of a deck with a height of 44". Applicant request a variance to exceed the 3' height limit for decks. The property Is described as Lot 13, Philip Burseth Beach, Wall Lake in Dane Prairie Township. Letters from Clair and Karen Iverson, Richard Dalquist and Linda Arnold In favor of the variance request were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by John Everts and unanimously carried, to deny the variance as requested as an adequate deck could be constructed without the granting of the variance. Thomas Kelly Et. Al. - Approved Thomas Kelly, Et. Al., Minneapolis, MN, requested a variance of 7' from the required side lot line setback of 10', a variance of 47' from the required ordinary high water level setback of 75', a variance of 9.5' from the . required shore Impact zone setback of 37.5' and a variance of 11' from the required 20' road right-of-way setback for the placement of a Recreational Camping Unit under an existing roof 3' from the side lot line. 28' from the ordinary high water level and 9‘ from the road right-of-way. The property Is described as part of Government Lot 4, Section 5 of Rush Lake Township on Marion Lake. The applicant was represented at the hearing by Thomas Riewer. The variance request had been previously tabled at the May 5th. 1994 meeting. A letter from the Otter Tail County Highway Department was read for the record. The County Engineer stated that he would approve of the requested right-of-way setback variance provided that the owners remove the existing roof structure and the existing car port structure. After consideration, motion was made by Craig Anderson, seconded by Carl Johnson to approve the variance as requested with the conditions as stated In the County Engineer's letter and with the understanding that the variance Is subject to change based on any new ordinances that might affect this property In the future. After additional discussion the above motion was withdrawn. Motion was then made by Craig Anderson, seconded by Carl Johnson and unanimously carried, to allow no buildings or equipment to be placed within the 20' road right-of-way setback and to only allow the placement of a recreational camping unit, with a maximum size not to exceed 8' by 28', and the recreational camping unit must also have self contained holding tanks for sewage and grey water. Hardship being a substandard lot of record and the granting of the variance will allow reasonable use of the applicant's property. RJ.cliarcl West, F’.!-', COUNTY HIGHWAY ENGINEER TELEPHONE 218/739-2271 OTTER TAIL COUNTY HIGHWAY DEPARTMENT FERGUS FALLS. MINNESOTA 56537 May 31, 1994 Mr. Wayne Stein, County Auditor Otter Tail County Courthouse Fergus Falls, MN 56537 Road Right-of-Way Setback - South 165 feet of Government Lot 4, Section 5, T-135N-R39W, West of CSAH No. 49 RE: Dear Wayne: We would approve of the requested right-of-way setback variance provided that the owner removes the existing roof structure and the existing car port structure. If you have any questions or require further information on this matter, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department Richard West, P.E. County Engineer RKW:mk cc: Mr. Tom Riewer File AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER I Scale: Each grid equals feet/inches GRID PLOT PLAN SKETCHING FORM 2L.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./J / f/lUDo'lfetP I/'ajc /&\/Acf\sJT / Srah'J /'5 Cjtfd^r / Lot '/ /r C^</f'J -t l-i-L L i .1-4-1r 4-+1- I 1/ h - / t / / r / II II II II II II I -I / /L : / !- i / / / / / / 21598 7®MKL-0871-029 VICTOR LUROCCH CO.. PRlMTCRt. PCR6U0 FALLS. VINH. 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 ariy proposed structures.t /// K/u) /l)o-\llerP I I'^C /S. /// S>6 ! iJ //W /'sLot '/ /// /r j7/j. // /i / I\ I\/ /IIIi / »■/// I //// i III II / /// I I I II I i II I :!i II IIIIIt I I IIIIIIII I ! MKL-0871-029 J1S98 7®VICTOR LUNOCEN CO- RRIMTCR*. FEROUt FALLS. WINN. i\ Juno 2nd, 1 004 Page 5;vfi' II Dale B. Currier - Denied DaleB. Curr-ler, Minneapolis, MN, requested a variance of 7‘ from the requiredside lot line,setback of 10' for the construction of a H' by 6' addition to an existing 14' by 24' garage 3' from the side lot line. The property Is described as Lot 16, Sater-Humphrey Ranch Camp, Ten Mile Lake in Tumuli Township. The applicant was represented at the hearing by Gerald Currier. Letters in favor of the granting of the variance request from Donald Searles, Gerald Currier and Paul Demmer were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by George Walter to approve the variance as requested. After additional discussion and consideration it was determined that currently over 25?g of the lot was covered by impervious surfaces. The previous motion to approve the variance as requested failed to carry with all members of the board voting no. Craig Scheidecker - Denied Craig Scheidecker, Fergus Falls, MN, requested a variance of 2' from the required side lot line setback of 10' for the construction of a deck with a height of 44". Applicant request a variance to exceed the 3' height limit for decks. The property Is described as Lot 13, Philip Burseth Beach, Wall Lake in Dane Prairie Township. Letters from Clair and Karen Iverson. Richard Dalquist and Linda Arnold in favor of the variance request were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by George Walter, seconded by John Everts and unanimously carried, to deny the variance as requested as an adequate deck could be constructed without the granting of the variance. Thomas Kelly Et. Al. - Approved Thomas Kelly, Et. AT, Minneapolis, MN, requested a variance of 7' from the required side lot line setback of 10'. a variance of 47' from the required ordinary high water level setback of 75', a variance of 9.5' from the . required shore impact zone setback of 37.5' and a variance of 11' from the required 20' road right-of-way setback for the placement of a Recreational Camping Unit under an existing roof 3' from the side lot line, 28' from the ordinary high water level and 9' from the road right-of-way. The property Is described as part of Government Lot 4, Section 5 of Rush Lake Township on Marion Lake. The applicant was represented at the hearing by Thomas Riewer. The variance request had been previously tabled at the May 5th, 1994 meeting. A letter from the Otter Tail County Highway Department was read for the record. The County Engineer stated that he would approve of the requested right-of-way setback variance provided that the owners remove the existing roof structure and the existing car port structure. After consideration, motion was made by Craig Anderson, seconded by Carl Johnson to approve the variance as requested with the conditions as stated in the County Engineer's letter and with the understanding that the variance is subject to change based on any new ordinances that might affect this property in the future. After additional discussion the above motion was withdrawn. Motion was then made by Craig Anderson, seconded by Carl Johnson and unanimously carried, to allow no buildings or equipment to be placed within the 20' road right-of-way setback and to only allow the placement of a recreational camping unit, with a maximum size not to exceed 8' by 28', and the recreational camping unit must also have self contained holding tanks for sewage and grey water. Hardship being a substandard lot of record and the granting of the variance will allow reasonable use of the applicant's property. -r- ■r’ June 2nd, 1994 Pai^ 6 0I;V William L. Ehlert - Withdrawn William L. Ehlert, Foxhome, MN, requested a variance of 40' from the required ordinary high water level setback of 200' for the placement of a trailer 160' from the ordinary high water level. The property is described as Lot 3, Block 1, Rustad Development, West Lost Lake in Maine Township, The audience was polled with no one speaking for or ^inst the request. After consideration, motion was made by John Everts, seconded by Craig Anderson to deny the variance as requested as no adequate hardship had been shown. The motion failed with John Everts, Craig Anderson, Cecil Femling voting yes and with Randall Mann, George Walter, Carl Johnson voting no. After additional consideration and discussion, motion was made by Craig Anderson, seconded by Carl Johnson and unanimously carried, to table this variance request until the June 2nd 1994 meeting for additional information. Prior to the June 2nd, 1994 meeting the applicant requested that he be allowed to withdraw his variance request. David P. Koppe - Denied David P. Koppe, Minnetonka, MN, requested a variance of 120' from the required ordinary high water level setback of 200' for the construction of a 28' by 34' structure (with a 10' by 14' structure extension) 80' from the required ordinary high water level. If the variance is approved the applicant will remove the existing 26' by 19' structure (with a 6' by 9' structure extension) which is currently setback 68' from the ordinary high water level. The property is described as Government Lot 5, Section 25 of Otter Tail Township on Gourd Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, seconded by Randall Mann to deny the variance as requested as no adequate hardship had been shown. The motion failed with Cecil Femling and Randall Mann voting yes, George Walter and Carl Johnson voting no. and with Craig Anderson and John Everts abstaining. After additional consideratiori^and discussion, motion was made by Carl Johnson, seconded by Randall Mann and carried with Cecil Femling voting no, to table the variance request until the June 2nd, 1994 meeting to allow more of the board members an \ \ opportunity to view the property. At the June 2nd, 1994 meeting the applicant submitted a variance request Of 60' from the required ordinary high water level setback of 200' for the construction of a 28' by 34' structure (with a 10' by 14' structure extension) 140' from the ordinary high water level. After consideration, motion was made by Randall Mann to approve a 60' variance from the required ordinary high water level setback of 200' for the construction of a dwelling 140' from the ordinary high water level. The motion died for a lack of a second. After additional discussion and consideration, motion was made by Craig Anderson, seconded by Cecil Femling and carried with Randall Mann voting no and with John Everts abstaining, tu deny the varianee as requested as no adequate hardship had been shown. Kenneth L. Stuntebeck - Withdrawn Kenneth L. Stuntebeck, Wadena, MN. requested a variance of 5' from the required side lot line setback of 10' for the construction of a 24' by 26' garage. The property is described as the east 101.75' of south 200' of Government Lot 4, Section 15 of Pine Lake Township on Big Pine Lake. Motion was made by John Everts, seconded by Craig Anderson and unanimously carried to table the request until the June 2nd, 1994 meeting due to the absence of the applicant at the hearing. Prior to the June 2nd, 1994 meeting the applicant requested that he be allowed to withdraw his variance request. iI Jun0 9th, 1 994 Page 33 I After consideration, motion was made by Cecil Femling, seconded by Craig Anderson to approve where practical and reasonable, due to the terrain and topography of the applicant's property, the construction of a cul-de-sdD that would meet county specifications and provide for the proper access to Lot 1 of Condon Shores and to dedicate a 66' road right-of-way extending from the cul-de-sac to the end of Loti. After additional discussion and consideration, the above motion was withdrawn as it was determined that the motion being offered by the Board of Adjustment granted the applicant the same provisions that had already been approved by the Planning Commission. After additional discussion the applicant requested that he be allowed to withdraw his variance request, Gerald and Joan Davis - No Hearing Required Gerald and Joan Davis, Moorhead, MN, requested a variance to subdivide a parcel of less than 2.5 acres into parcels A and B as shown on the drawing on file with the County Auditor's office. Parcel A would be considered a back lot and would require a variance from the minimum lot width requirement of 200' and from the minimum lot area requirement of 40,000 square feet. Parcel A would have a width of approximately 101' and an area of approximately 15,750 square feet. The applicants request that both lots be considered buildable lots. The property is described as part of the NE1 /4. Section 14 of Lida Township on Lake Lida. Due to additional information that was made available on the day of the public hearing it was determined by county staff that for the following reasons no variance or public hearing were required; Research indicated that prior to 197 K the current tax parcel of land that the applicant's now wish to subdivide was described as six individual lots of record. It was also determined that Gerald and Joan Davis acquired the property in 1987 as six individual lots of record. Since the property was officially described and recorded as six individual lots of record prior to 1971 and since the applicants acquired the property prior to February 1992, it was determined that they could subdivide the current tax parcel, without a variance, under the provision of the Shoreland Lot Transfer legislation which became effective July 1st, 1993 as long as the subdivisions are recorded before July 1 st, 1994 the date the Shoreland Lot Transfer legislation expires. Roger Gal breath - Approved Roger Galbreath, Fergus Falls, MN, requested a variance of 70' from the required ordinary high water level setback of 100' for a 9' by 12' addition to an existing 8’ by 12' shed 30' from the creek. The property is described as part of Government Lot 4, Section 4 of Dane Prairie Township on Wall Lake. Motion was made by Randall Mann, seconded by Cecil Femling and unanimously carried to table the request until the June 9th meeting due to the absence of the applicant at the hearing. At the June 9th, 1994 meeting 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 carried with Carl Johnson voting no, to approve a variance of 70' from the required ordinary high water level setback of 100' for a 9' by 12' addition to an existing 8' by 12' shed 30' from the creek. The addition will be an improvement to the lot and the hardship is the affect that both the adjacent lake and river have on the applicant's use of the property. Request For Reconsideration and Clarification - Thomas Riewer Thomas Riewer appeared before the Board for clarification of the motion that was passed on June 2nd, 1994 and to request that the Board reconsider their decision. After much discussion it was the general consent of the members of the Board that they would not reconsider their decision of June 2nd. 1994. ISII June 9th, 1994 Page 4§I:5 i i % I Bill Kalar, Land and Resource Directorii Bill Kalar, Land and Resource Director, Informed the Board of the importance of stating the-hardships and the Board of Adjustment's reasons for approving or denying variance requests. He stressed that it is very important to have this information available in the minutes since the taped discussions are not kept permanently. f I r i With no further business, Chairman Walter declared the meeting adjourned at 9:30 p.m. LO. Wayne Stewfi, Secretary mj2 \ a Trip- • liiiSiiwirrKIIAPR 2 I i993 LAND & RESOURCE