HomeMy WebLinkAbout53000150093003_Variances_06-01-2000Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
1 hereby certify that
this instrument # _
was filed/recorded in this office
for record on the . —day of
2000 at q'3C^.J^m)pm
8652B8865268
Wendy L.Metcalb County Reorder
by; —Deputy
recording fee
J well certificate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
Q£l•“COMPLETE THIS APPLICATION IN BLACK INK /50Application Fee
Receipt Number
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PROPERTY OWNER an
ADDRESS
LAKE NUMBER XUJ. LAKE NAME I iQ
SECTION /'S' TOWNSHIP RANGE .'?9 TOWNSHIP NAME
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______LAKE CLASS Q D
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FIRE / LAKE I.D. NUMBERPARCEL NUMBER S'SS OOP /S
LEGAL DESCRIPTION /^o' Lok^ <?ec-T^ack f\J IV &L3 ! /sax /^'
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size XClusterSewage System Subdivision Misc.
SPECIFY VARIANCE REQUESTED
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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.
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SIGNATURE O^ROPERTY ^)WNER DATE
REf:,:"f\/ED
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Wiii Receive Notification As To The Date/Time Of Hearing)APR 1 7 2000
lands RESOURCE
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z?^tA/ Z'{Z''aoAccepted By Land & Resource L & R Official/Date
Time b» 3oDate Of Hearing *31000jLJj^tva-
Motion
Robert A. and Mary A. Hanson - Approved as modified with conditions.
Motion was made by Mark Steuart, second by Steye Schierer, and unanimously carried, to allow the placement of a
27’ camper on the applicants’ property during the period of May 1 through September 30, of year with the condition
that the camper must be placed in a location that meets all setback requirements of the ordinance and to approve the
placement of a 4’ by 8’ shed on the applicants’ property with the condition that the shed must be placed in a location
that meets all setback requirements and with the condition that it must not be constructed on a permanent foundation.
It should be noted that the variance as approved addresses only the two issued described above and does not
declared the lot a buildable lot for any other structure nor does it address any other issues. The document dated
October 17, 1966 and recorded on June 281972 was noted and the variance as approved provides the applicants
with a reasonable use of their property.
Chairman/Otter Tail County Board of Adjustment
Perrmt(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
R Official/Date
bk 0198-001
291,306 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota
.grid(s) equals inch(es) equals feetfeet, orScale:
RECEIVEDV//y /:?^oc>oy'r\<L^\^Dated \Signature APR 17 moPlease use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing st^^i^r^s. ,.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
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54:rxieen Co, Printers • Fergus falls. MN • 1-8OO34G-407OBK — 0599 ^ 029 296.179 • Vicl l(1f •T
• ■, June 8, 2000
• Page 5
George and Sherry Biltz - Approved
Sunset Beach Resort, Inc., Minneapolis, MN, requested a variance of 1.7’ from the 18’ maximum
allowable height of a non-dwelling structure for a 16’ by 22’ utility building having a height of 19.7’ and a
variance of 40’ from the required side lot line setback of 50’ for the location of the northeast corner of an
existing 24’ by 52’ home 10’ from the lot line. The property is described as Lots 1,2 and 3, Sub Lot A
of Pine Beach and part of Government Lot 2, Section 9 of Pine Lake Township by Big Pine Lake. April
13, 2000 meeting -The audience was polled with no one speaking for or against the request. After
consideration, motion was made by Steve Schierer, second by Les Estes and unanimously carried, to
table, with verbal permission from the applicant, the variances as requested until a future meeting date.
Tabling this request will allow the Land and Resource Department a reasonable amount of time to
research historical records to determine if a site permit had been issued for the existing 24’ by 52’
dwelling. After additional consideration, motion was made by Cecil Femling, second by David
Holmgren to approve a variance of 1.7’ from the 18’ maximum allowable height of a non-dwelling
structure for a 16’ by 22’ utility building having a height of 19.7’. After additional discussion and
consideration this motion was withdrawn noting that it would be best to consider both of the applicant’s
requests at a future meeting. June 8, 2000 meeting - The audience was not polled as there was no
one in the audience at the time of this hearing. After additional discussion and consideration, motion
was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve a
variance of 1.7’ from the 18’ maximum allowable height of a non-dwelling structure for a 16’ by 22’ utility
building having a height of 19.7’ and a variance of 40’ from the required side lot line setback of 50’ for
the location of the northeast corner of an existing 24’ by 52’ dwelling 10’ from the side lot line. It was
noted that the utility building has a height of 18.4’ on one end and a height of 19.7’ on the other end. It
was also noted that the dwelling has been in its present location for at least 12 years and from the
available information it appears that it was not intentionally placed in violation of the setback
requirements. The Board of Adjustment also noted that neither of the variances as approved would
establish precedence.
Chris Mickman - Remains on the agenda of tabled items.
David and Carol Place - Remains on the agenda of tabled items.
Diane Ross - Tabled
Per the request of Kris Svingen, Attorney, the previously tabled request of Diane Ross, has been tabled
until the July 6, 2000 meeting of the Board of Adjustment.
Robert A. and Mary A. Hanson - Approved as modified with conditions.
Robert A. and Mary A. Hanson, West St. Paul, MN, requested a variance to allow a 27’ camper to
remain on the property for more than 22 days and to allow the placement of a 4’ by 8’ shed on the
property. Per the Land and Resource Department this is a non-buildable lot per Section IV Paragraph
13(B) page 26 in the Shoreland Management Ordinance. Requested variance is to have the
applicant’s lot declared a buildable lot. The property is described as a 150’ by 100’ tract in Government
Lot 3, Section 15 of Rush Lake Township by Boedigheimer Lake. June 1, 2000 meeting - Alan and
Patty Hanson represented the applicants at the public hearing. Letters from Verona and Douglas
Betlach and Terry Lejcher, Area Hydrologist with the Minnesota Department of Revenue, opposing the
applicants’ request were read for the record. Mr. and Mrs. Betlach stated that the rules should be
followed. Mr. Lejcher expressed concern with finding a hardship that would authorize the granting of
the variance as requested. The audience was polled with Peter Doll speaking in favor of the applicants’
request and with Terry Hepola opposing the applicants’ request. Peter Doll noted that approving the
applicants’ request would allow everyone to win. Terry Hepola opposed the placement of campers or
trailers on this property. After consideration, motion was made by Steve Schierer, second by Cecil
Femling to deny the variance as requested noting that no adequate hardship hadjfeen shown.- - --
, June 8, 2000
• Page 6
V(Hanson - Continued)
After additional discussion concerning when the applicants’ property became a tract of record, the
previous motion to deny was withdrawn and a motion was made by Steve Schierer, second by Cecil
Femling and unanimously carried, to table, for additional research regarding when the tract became a
lot of record, the applicants’ request until the June 8, 2000 Board of Adjustment meeting. June 8, 2000
meeting - After discussion and consideration, motion was made by Mark Steuart, second by Steve
Schierer, and unanimously carried, to allow the placement of a 27’ camper on the applicants’ property
during the period of May 1 through September 30, of year with the condition that the camper must be
placed in a location that meets all setback requirements of the ordinance and to approve the placement
of a 4’ by 8’ shed on the applicants’ property with the condition that the shed must be placed in a
location that meets all setback requirements and with the condition that it must not be constructed on a
permanent foundation. It should be noted that the variance as approved addresses only the two issued
described above and does not declared the lot a buildable lot for any other structure nor does it address
any other issues. The document dated October 17, 1966 and recorded on June 281972 was noted
and the variance as approved provides the applicants with a reasonable use of their property.
Additional Business -
Randall Mann noted that since the June 1,2000 meeting he has received a phone call in which he was
informed that someone had criticized him for not supporting the Land and Resource Department as
their actions relate to the Van Der Weide/Rehm appeal. Mr. Mann wanted to state for the record his
reasons for voting against the site permit as issued. These reasons are as follows:
1. A driveway is not a structure,
2. Footing are not retaining walls,
3. The water that previously entered the neighbor’s dwelling was reason enough to involve the
neighbors in the Cast plans, and
4. Concern with the endorsement of Bill Kalar’s initials without his knowledge.
With no further business Randall Mann, Chairman, declared the meeting adjourned at 9:26 p.m.
V I M£A.qf\Wayne St^, Secretary
C:
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Minnesota Department of Natural ResourcesMlS*TJ
cnUJo5 DNR WATERS
1221 Fir Avenue East
Fergus Falls, MN 56537
(218) 739-7576
June 1,2000
Chairperson
Otter Tail County Board of Adjustment
Otter Tail County Courthouse
121 West Junius Avenue
Fergus Falls, MN 56537
Dear Chairperson:
VARIANCE APPLICATION, RUSH LAKE, ROBERT HANSONRE:
After reviewing this variance application, it is difficult to distinguish what type of hardship could
exist to authorize the variance request. When an owner acquires a non-buildable substandard lot,
he must be aware of such at the time of purchase and be willing to live with the restriction. If he
is not aware, then he must deal with the realtor or the owner. The restrictions do not change
because of a new owner or being un-informed.
Since there is no apparent hardship as required by MN Statute, this office must go on record in
opposition to this request. Thank you for your consideration of these comments.
Sincerely,
Terrence R. Lejcher
Area Hydrologist
Region 1 Waters
Bill Kalar
c:
DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-^9
f 'An Equal Opportunity Employer
Who Values Diversity Printed on Recycled Paper Containing a
Minimum of 10% Post-Consumer Waste
Vjj 4J11
PMT I 6 2000
Notice of Hearing for Variance
Otter Tail County Courthouse
121 West Junius Ave.
Fergus Falls, MN 56537
(218)739-2271 Ext. 240
Applicant must be present at the scheduled hearing.
To Whom It May Concern:
Robert A. and Mary A. Hanson
1894 Audrey Drive
West St. Paul, MN 55118-4535
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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
Thursday, June 1, 2000, at 6:30 p.m..
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law
Enforcement entrance.) 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 descnoed as
a 150’ by 100’ tract in Government Lot 3,
Fire# 1058
Section 15, Township 135, Range 39 - Township Name - Rush Lake
Lake No. 56-212, Lake Name - Boedigheimer, Class - RD
The variance requested is:
a variance to allow a 27’ camper to remain on the property for more than 22 days and to allow the
placement of a 4’ by 8’ shed on the property. Per the Land and Resource Department this is a non-
buildable lot per Section IV Paragraph 13(B) page 26 in the Shoreland Management Ordinance. Requested
variance is to have the applicant’s lot declared a buildable lot.
Date: May 12, 2000
Board djustment Secretary