HomeMy WebLinkAbout53000270203000_Variances_01-08-2009Variances
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE RECEIVED
DEC 16 2008
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
LAND & RESOURCE
Application Fee <f;T7n.nn
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number .
Accepted By / Date
Deborah & John Garner (402)689-0835 (cell)PROPERTY OWNER DAYTIME PHONE
6712 Heartwood Rd., LaVista, NE 68128MAILING ADDRESS
LAKE NUMBER 56021400 LAKE NAME Round Lake LAKE CLASS GD
Rushlake039TOWNSHIP 135SECTION__^RANGE TOWNSHIP NAME
43637 Hidden Trail, OttertailPARCEL
NUMBER
R53000270203000 E-911
ADDRESS
Lot Seven (7), beginning at a point Eight Hundred Fifty-Seven (857) feetLEGAL DESCRIPTION
East of the Southwest corner of the Northwest Quarter of the North-East Quarter (NW| of
NEi), Section Twenty-seven (27), Township One Hundred Thirty-Five (135), Randy Thirty-nine
(39); thence North 35°35' West Six Hundred Thirty (630) feet to the shore line of Round
Lake; thence north-easterly along said shore line Sixty-two (62) feet; thence South 36°12'
East Six Hundred Seventy (670) feet; Thence West Eighty-five (85) feet to the Place of(over)
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback ^ Structure Size Sewage System Cluster Misc.Subdivision
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
SEE ATTACHED
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.
12-11-08
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
/(X.
(con't.) Beginning, containing one (1.0) acre, more or less; together with all heredi
taments and appurtenances belonging thereto.
TimeDate Of Hearing 1-8-09
-^MZAcl>rAAmufj(UJ^ rSfdtdj
Motion7
Chairman/Otter Tail County Board of Adjustment
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
bk 0407-001
329.512 - Victor Lundeen Company, Fergus Falls. Minnesota
r RECEIVED
DEC 16 2008
LAND & RESOURCE
✓V✓/\DETAIL B/\/\SCALE: / /A/CW = 40 FEET/\/\St^EUNE OF ROUND LAKE/SNOHN ON THE JUNE 17, 2006IIALS CERTIFICATE CF SURVEY NO. &!04!6 I ("BEING TNE TC4^ EDGE OF GRASS BANK)\I
/
V.'^’ /
' ONH LINE OF ROUND LAKE/'' DETERMINED ON NOV. 16, 2006✓S(y<LE IN FEET FROM MNC^R ONN ELEVATION
detail a OF 1325.10 FEET TAKENSCALE: I INCN - 60 FEET
BEARINGS ARE BASED ON AN ASSLV1ED DATUM.
• DENOTES IRON MONLE1ENT FOUND.
O DENOTES IRON MONUMENT SET MARKED "PLS 13620 * I762S\
ALONG SAND BEACN.NOT TO SCALE
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bj SOUTNERLr\.INE CTLiJ I--DED INSUBDIVISION REiCOBOOK L OF PLATS,''PAGE 42 ♦S
N5 7 (MEA9. « PLAT)•S 3T4T36" E 626.00-- V-,»••••••••0146.26 ^ r\(60 PLAT)PLAT)•••".....N 6S*4S'36‘‘ hi 165.00 \VI6S.56...............N 66’22>42* N <137.02-
SEE ALS CERTIFICATE or SURVEY NG.
I\ I cr M 4 4
I SI I__ ! /
TTTTr.r-<;i-sSOUTN LINE OF ^ GOVT LOT 3
SEC. 27-/35-3*?SURVEY OF THE BOUNDARIES OF LOT 7
OF SUBDIVISION RECORDED IN BOOK L OF PLATS, PAGE 42,
A 75 FOOT SETBACK LINE FROtT TNE ONhl OF ROUND LAKE
AND THE RIGNT-OF-HAT CORRIDOR ACROSS
LOT 7 FROM TNE 33' HIDE RUSN LAKE TOHNSNIP CARTHAT
ESTABLISNED AS 0^140^ IN EXNIBIT B OF DOC. NO. 6^0415.
SURVEYOR HAS ALSO REQUESTED TO MONUMENT AND DEFINE
TNE RIGNT^OF^HAT AREA ACROSS LOT 7 AND LYING NE'LY
OF TNE CENTERLINE OF TNE CARTHAT.
tt >h ir- 1UUiyu, I / , 4-KJKJO.a-f r» n C'f/"'LiC's r\ht V? » U*r 0/v7ivi_t/ v-'iy
CERTIFICATE OF SURVEY FOR:M 4 4
I /
^ ^ » A / ^ V V
DEBORAH GARNERaIUUO7369 SIGNED GN JULY, 25,SEE ALS CERTIFICATE GF SURVE77 NG.SURVEYOR'S CERTinCATE
I hereby certify that this is a trve and correct representation of a survey of
the boundaries of the above described land, and that this survey was prepared by
me or under my direct supervision and that I am a duty Licensed Professional
Land Surveyor under the taws of the State of Minnesota. Dated this l<Hh day of
November, 2006.
RECHJESTED BY ATTORNEY KATRINA HASS
FIELD BOOK
ALS-I87\6.4
CONTRACT NO.
iqfe-08ADD
FOLDER
1^6-08
DRAWN BY
RVB ♦ GEM
FIELD CREW
RVB, JAK < GEMNDERSON LAND SURVEYING, INC.DWG FILE
iq&-08ADD
CRD FILE
iqfe-08
CR5 FILE
iqG-08
!I
DRAWING NUMBERPROFESSIONALLAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218) 739-5268
(800) 300-9276
Glenn Nowe
Professional Land Surveyor
Minnesota License No. 17625
CHECKED BY
GEM
SEC - TWP - RG
27 - 135 - 3<^^I04R J
PENIBERTON
SORLIE RUFER KERSHNER
February 4, 2009
Mr. Wayne Stein, Secretary
Otter Tail County Board of Adjustment
510 West Fir
Fergus Falls, MN 56537
Deborah and John Gamer Application for Variance
Our File No. 2008-7188
IN RE:
Dear Mr. Stein:
I am writing to you in my capacity as attorney for Deborah and John Gamer relative to
their application for variance dated December 11, 2008. I hereby respectfully request
that this matter be taken off the agenda for the Board of Adjustment meeting scheduled
for February 5, 2009, as my client intends to amend the application before it is heard by
the Board.
If you have any questions, please do not hesitate to call.
Sincerely,
Katrina I.
k.wass@pemlaw.com
vks
Enclosure
Deborah and John Gamercc:
Pemberton Sorlie Rufer Kershner pllp
110 North Mill Street PO Box 866 Fergus Falls, MN 56538
Office 218-736-5493 Fax 218-736-3950 www.pemlaw.com
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, February 5, 2009
The Otter Tail County Board of Adjustment met Thursday, February 5, 2009, with the following persons in attendance:
Randall Mann
Leona Zimmerman
Michael Harris
Steve Schierer
Mark Ronning, Land and Resource Management
Chris Stuber, Assistant County Attorney
Paul Larson
Carl Zick
Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 2:00 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the December 3, 2008 meeting as mailed.
Chair and Vice Chair Selection •
Randall Mann, Chair, then called for nominations for Chair and Vice Chair of the 2009 Board of Adjustment. Steve
Schierer made a motion, second by Carl Zick and unanimously carried, to direct the Secretary of the Board of
Adjustment to cast a unanimous ballot for Randall Mann as Chair and for Steve Schierer as Vice Chair of the 2009
Board of Adjustment.
The Board of Adjustment considered the following applications for variance:
Mark and Sandy Tiliwick - Approved the variance application as requested. (2:00 p.m.)
Mark and Sandy Tiliwick, Lot 4 Block 1 Stalker View Acres, Stalker Lake in Tordenskjold Township, requested a
variance to have Lot 4 Block 1 of Stalker View Acres declared buildable for single family residential purpose. The lot
has 39,282 square feet and the required square footage is 40,000 square feet. The plat was created/recorded on
December 17,1975. The applicants were represented by Maury Foss. The audience was polled with no one
speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a
motion, second by Carl Zick and unanimously carried, to declared Lot 4 Block 1 Stalker View acres buildable for
single family residential purpose. It was noted that the variance as approved does not directly or indirectly grant any
other variances for future development.
J Deborah and John Garner-Withdrawn.
Deborah and John Garner, part of Government Lot 7, Section 27 of Rush Lake Township by Round Lake, requested
the following; This application for variance is an amendment to the variance request approved at the 10/2/08 Board of
Adjustment meeting. It is still our Intention to demolish and remove the existent cabin and garage in Area “A” with no
variances required for the placement of a 58’ by 28’ modular, with an attached 10’ wide enclosed breezeway along the
west side of said modular. After another survey was completed delineating the Rush Lake Township cart way the
approved variance requests are now only partially accurate for placement of the garage in Area “C”. The garage will
still be placed in the same area as initially proposed, but will now be downsized to 20’ by 40’. We will still accept the
approved 3’ variance from the 10’ minimum structure setback on the east lot line, the 13’ variance from the 20’
setback from the cart way on the Northwest Corner of the garage, and the 12’ at point “D” (on plan); however, we’ve
adjusted the other requests as follows: (1) a 20’ variance from the 20’ setback from the cart way on the Southwest
Corner of the garage, and (2) a “varying” variance from the 20’ minimum setback of the cart way for the North side of
the garage, ranging from 12’ at point “D” (on plan) down to 6’ at point “E” (on plan). Also note the existent road (in
yellow) within the designated cart way. Prior to the scheduled hearing a letter had been received from Katrian I.
Wass, Attorney for Deborah and John Garner, requesting that their application be removed from the Board of
Adjustment agenda for the February 5, 2009 meeting as Deborah and John Garner intend to submit an amended
application.
RECEIVED
DEC 16 2008
This application for variance is an amendment to the variance request approvW(S^af Ihe
10-2-08 BOA meeting. It is still our intention to demolish and remove the existent cabin
and garage in Area A ” with no variances required for the placement of a 58’ X 28’
modular, with an attached 10’ wide enclosed breezeway along the west side of said
modular. After another survey was completed delineating the Rush Lake Township
cartway, the approved variance requests are now only partially accurate for placement
of the garage in Area C The garage will still be placed in the same area as initially
proposed, but will now be downsized to 20’ X 40’. We will still accept the approved 3’
variance from the 10’ minimum structure setback on the east lot line, the 13’ variance
from the 20’ setback from the cartway on the NW corner of the garage, and the 12’ at
point “D ” (on plan); however, we’ve adjusted the other requests as follows; (1) a 20’
variance from the 20’ setback from the cartway on the SW corner of the garage, and (2)
a “varying” variance from the 20’ minimum setback of the cartway for the N side of the
garage, ranging from 12’ at point “D” (on plan) down to 6’ at point “E” (on plan). Also
note the existent road (in yellow) within the designated cartway.
(VWy-W^
DETAIL B
SCALE: I INCH - ^0 FEET
LAKE TCHN5Nlf\CARTHAr C3' HIDE RUi
I40R IN EXHIBITS OF DOCBLI3NED AS
: DETAIL
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
800 Ft2Structure(s):
Ft2Deck(s):
ISO—Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewaik(s);
Ft2Staitway(s):
Ft2Retaining Wall(s):
Ft2Landscaping;
(Piastic Barrier)
Other:Ft2
960 Ft2TOTAL IMPERVIOUS SURFACE:
3959LOT AREA:
24.37960 ^ 5959 .2457 .%X100 =
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
SCALE DRAWING FORM RECEIVED
MAR 09 2009R5300027Q2Q5QQ0 1Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and mustSOenti^'^^e ^pe?^
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also Include all proposed topographical alterations.
i
:
2a.377n %1 TNPH UP FFFT
Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side).1
r-
The NEW SURVEY DELINEATINGSee attached color-coded proposal.
THE CARTWAY WAS SENT WITH THE APPLICATION WHICH WAS TO BE HEARD AT THE February 2009 hearing.
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3-5-09
Signature of Property Owner Date
BK — 0207 329,086 * Viclor Lund«en Co, Printers • Fergus fails. MN • l-SOO-SAS-ASTO
t I
RECEIVED
DEC 16 2008
WAIVER OF 60-DAY RULE LAND & RESOURCE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # R53000270203000
described in my
dated 12-11-08
Application
, As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
Variance
12-11-08
PROPERTY OWNERDATED
11-02-04
Mbowman forms-apps waiver 60 day rule
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
www.co.otter-tail.mn.us
Appiicant and/or appiicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Deborah and John Garner
6712 Heartwood Road
LaVista, NE 68128
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, February 5, 2009 at 2:00 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 7,
Property Address - 43637 Hidden Trail
Section 27, Township 135, Range 39 - Township Name - Rush Lake
Lake No. 56-214, Lake Name - Round, Class - GD
The variance requested is -
the following: This application for variance is an amendment to the variance request approved at the 10/2/08 Board of Adjustment
meeting. It is still our intention to demolish and remove the existent cabin and garage in Area “A” with no variances required for
the placement of a 58’ by 28’ modular, with an attached 10’ wide enclosed breezeway along the west side of said modular. After
another survey was completed delineating the Rush Lake Township cart way the approved variance requests are now only
partially accurate for placement of the garage in Area “C”. The garage will still be placed in the same area as initially proposed,
but will now be downsized to 20’ by 40’. We will still accept the approved 3’ variance from the 10’ minimum structure setback on
the east lot line, the 13’ variance from the 20’ setback from the cart way on the Northwest Corner of the garage, and the 12’ at
point “D" (on plan); however, we’ve adjusted the other requests as follows: (1) a 20’ variance from the 20’ setback from the cart
way on the Southwest Corner of the garage, and (2) a “varying” variance from the 20’ minimum setback of the cart way for the
North side of the garage, ranging from 12’ at point “D” (on plan) down to 6’ at point “E" (on plan). Also note the existent road (in
yellow) within the designated cart way.
Wayne Stein
Board of Adjustment Secretary
Date: January 15, 2009
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
certify that on the 16th, day of January, 2009 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment
Deborah and John Garner, 6712 Heartwood Road, LaVista, NE 68128
Round Lake Assoc., % Pat Garza, 35854 County Highway 72, Battle Lake, MN 56515
Rose Stoll, Twp Clerk of Rush Lake, 38141 430**’ Ave, Perham, MN 56573
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, 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
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Leona Zimmerman, 418 E Lakeside Dr, Fergus Falls, MN 56537
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: January 16th, 2009
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:/X )]\Ci
Vi Manderud
DENNIS & CARMEN ARCHBOLD
609 CLEVELAND ST
ENDERLIN ND 58027 1357
ROBERT & DONNA ANDERSEN
43677 HIDDEN TRL
OTTERTAIL MN 56571 9424
CAROLYN JOAN ALBERTS
35820 STATE HIGHWAY 78
OTTERTAIL MN 56571 9445
THOMAS J & SHARON ARCHBOLD
93 23RD AVE N
FARGO ND 58102 2024
JACK & CAROLE BAKER
600 KNOLL DR
NORWALK lA 50211 1405
THOMAS J ARCHBOLD
519 ROOSEVELT ST
ENDERLIN ND 58027 1348
RICHARD D SR & LEONE CLARENS
417 24TH AVE N
FARGO ND 58102 1930
WILLIAM DIEDERICH ET AL
7216 ONTARIO ST
OMAHA NE 68124 3560
JOHN D BIERWIRTH ET AL
354 SHORE CIR N
WINDSOR CO 80550 2614
JOHN L & DEBORAH L GARNER
6712 HEARTWOOD RD
LA VISTA NE 68128 7080
JUDITH DILLINGER ET ALTERRANCE A DILLING ET AL
8011 131STSTW
SAINT PAUL MN 55124 9706 PO BOX 759
LAKE PARK lA 51347 0759
DIANE M MCLEOD & PAUL JEFFERS
8 COTTONWOOD LN
SEAL BEACH CA 90740 5969
DONNA KAVANAUGH TST
1230 ELM STN
FARGO ND 58102 2703
LYLE JANZ ET AL
13640 49TH ST SE
ENDERLIN ND 58027 9531
STEVE & ANDRIA NELSON
6312 BROADWAY ST NW
MOORHEAD MN 56560 6369
LARRY R MUTH ET AL
116 HARRISON ST
ENDERLIN ND 58027 1127
RONALD & DIANE MUELLER
4826 136TH AVE SE
ENDERLIN ND 58027 9532
JERRY L & CHARLOTTE F PYLES
43657 355TH ST
OTTERTAIL MN 56571 9423
GEORGE OVERN ET AL
1320 4TH AVE NE
VALLEY CITY ND 58072 2228
TODD O NILES
21948 MAJOR AVE
HUTCHINSON MN 55350 5711