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Home My WebLink About53000990333000_Variances_08-03-2000Variances 2 Barcode 128 ?'3-ZOoO 868147 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that „ „ - - this instrument # t was filed/recorded in this office for r^ord on the /O_day of 2000 at .^:q0 anq^mj /V 3^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK*** ^ Application Fee _ Receipt Number. /So PROPERTY OWNER 4AC2r-h^ _ DAYTIME PHONE ADDRESS /yC XaJ g5~35>y ______________________LAKE CLASS. GJPr AUUKCOO \ f ^ ^ / f y LAKE NUMBER ^L> ~ )U'\ LAKE NAME. ^oS// SECTION TOWNSHIP 3S RANGE TOWNSHIP NAME O^tYcSTi^^<L^ PARCEL NUMBER S3 <030 O 3?)^ OUl3 ____FIRE / LAKE I.D. NUMBER 22^ (j^lCL iA^S ^ . LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback L^^'^tructure Size___Sewage System___ Subdivision,Cluster Misc. 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. SIGNAT^E OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) J U L 1 1 2000 LAND & RESOURCE f{ULA^h A^c /Up-^ovj(pl 'OVO /6p /- OD^ August 3, 2000 HjLtAJLA.> fyf'^jL 0.^/ui^ f"S 55^ S53cU^ -532 \^l 33 iJV Accepted By Land & Resource L & R Official/Date Date Of Hearing P?<J2D Time r.-jo Motion Mark and Kim Kurtz - Approved with modification/condition. Motion was made by Steve Schierer, second by Cecil Femling, and unanimously carried, to approve the proposed porch/deck addition being no closer to the ordinary high water level than the existing 28’ by 32’ dwelling, with the condition that the previously completed work must be brought into compliance by October 31, 2000. It was noted that the existing setback distance must be maintained. Perm^s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291,306 • Victor Lurtdeen Co.. Printers • Fergus Falls. Minnesota August 3, 2000 Page 5 Mark and Kim Kurtz - Approved with modification/condition. Mark and Kim Kurtz, Andover, MN, requested a variance of 23 to 32’ from the required ordinary high water level setback of 75’ for the addition/replacement of a 12’ by 24’ deck with a 12’ by 11’ 8” screen porch on top of the deck, approxirfiately 43 to 52’ from the ordinary high water level. The property is ' described as part of Lots 14 and 1:5, Williams Reese's Lake Shore, Rush Lake in Rush Lake Township. Letters fromiJames and Madonna Lanpher, Bruce and Elaine Kennedy and S. Simon opposing the applicants’ request were read for the record. The audience was polled with Lew Plenty and Madonna Lanpher expressing concerns with the applicants’ request. After consideration, motion was made-by Steve Schierer, second by Cecil Femling, and unanimously carried, to approve the proposed porch/deck addition being no closer to the ordinary high water level than the existing 28’ by 32’ dwelling, with the condition that the previously completed work must be brought into compliance by October 31, 2000. It was noted.that the existing setback distance must be maintained. Michael C. and Delvin Menze - Approved with condition. Michael C. and Delvin Menze, Ottertail, MN, requested a variance to subdivide a 1.2-acre tract, by metes and bounds description, from an existing 78.81-acre parcel for a telecommunication building. Minimum size required for metes and bounds parcels outside of the shoreland area is 2.5 acres. The property is described as the West Half of the Northeast Quarter, Section 31 of Leaf Lake Township. Randall Byars and Tomas Wolfran appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance to subdivide a i1..2 acre tract, by metes and bounds description, from an existing 78.81 acre parcel for a telecommunication building, with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the parcel has public road access and is large enough for its planned use. Dale Otto Tjaden - Denied. Dale Otto Tjaden, Fergus Falls, MN, requested a variance of 30’ from the required ordinary high vvater level setback of 100’ for the placement of 24’ by 32’ dwelling 70’ from the ordinary high water level (river), a variance of 35’ from the required wetlands setback of 50’ and a variance of 10’ from the required lot line setback of 10’ for the placement of a sewer system 15’ from the wetland and for the placement of septic tanks up to the lot line. The property is described as a 7.10-acre tract in Government Lot 7, Section 29 of Aurdal Township by the Otter Tail River. A letter from Terry and Nancy Black opposing the applicant’s request was noted for the record. The audience was polled with-Terry Black and.Carol Melby expressing concerns with the applicant’s request. After consideration, motion was made by Cecil Femling, second by Richard Sha and unanimously carried, to deny the variance as requested noting that at the present time the applicant does have a reasonable use his property. September 14,2000 $ age 3 „ Tami Facio - Denied Tami Facio, Fergus Falls, MN, requested (option 1) a variance of 10’ from the required road right-of-way setback of 20’ and a variance of 5’ from the required side lot line setback of 10’ for the placement of a two car garage 10’ from the road right-of-way and 5’ from the side lot line or (option 2) a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a garage 10’ from the road right-of-way. The property is described as Lot 7, White Swan Beach, Swan Lake in Dane Prairie Township. The audience was polled with Leah Thomason and Paul Hermes’ father speaking against the variance as requested. They noted concerns for public safety and the congested conditions. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and noting concerns for public safety. Verlee Sullivan - Approved with modification and condition. Verlee Sullivan, Graceville, MN, requested a variance of 4T from the required ordinary high water level setback of 75’ and a variance of 5’ from the required side lot line setback of 10’ for the construction of a 24’ by 24’ garage 34’ from the ordinary high water level and 5’ from the side lot line. The property is described as Lots 71 and 72, Nedberg-Nye Survey Lots of Government Lots 1, 2 and 3, Section 1 of Edna Township by Devils Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Linda Bergerud and unanimously carried, to approve the construction of a 24’ by 24’ garage 37.5’ from the ordinary high water level and at least 10’ from the lot line with the condition that before a site permit for the new structure can be issued the old existing sheds must be removed. Horace and Laurel Whitman - Horace and Laurel Whitman - Appeal Hearing - Postponed per the applicant’s request until the November 2, 2000 meeting of the Otter Tail County Board of Adjustment. Reconsideration - Bradley Gibb- The Board of Adjustment reviewed their action relative to the August 3, 2000 meeting and by general consent agreed not to reconsider the applicant’s variance application. Mark and Kim Kurtz - ,i- i The Board of Adjustment reviewed their action relative to the August 3, 2000 meeting and by general consent agreed not to reconsider the applicant’s variance application, but a motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to grant the applicant until January 31, 2001 for brining the property into compliance with the previously granted variance. HiiiuLut ^ H tknJt, IfhMuduj MARK AND KIM KURTZ PARCEL 530009900333000 / SEC 26 TWP. 135 RANGE 39 WILLIAMS REESES LAKESHORE E 40' OF LOT 14 AND 15EX ELY 10’ APPROX LOT SIZE 130' X 138* AVE RE: APPLICATION FOR VARIANCE (1) REALTY ON RUSH LAKE LISTING SHOWS THAT THERE WAS A DECK IN THERE LISTING ( SEE PICTURES ) APPROX. SIZE 12' X 24’ (2) PICTURES FROM REALTY ON RUSH SHOWS THE GRADE OF THE BEACH NO STAIRS WERE NEEDED TO GET TO THE DOCK {APPROX. GRADE 5:1) (3) PICTURE 1 SHOWS ICE PUSH FROM THE WINTER OF 2000 ONE LOT TO THE WEST OF MINE (4) PICTURE 2 SHOWS EROSION FROM ICE PUSH FROM LAKE SIDE SEE WITH PICTURE 1 (5) PICTURE 3 SHOWS NEW BEACH WITH ROCK ( PLEASE NOTE THE GRADE) (6) PICTURE 4 COMPARE TO PICTURE 3 SEE GRADE CHANGE AND LOSS OF LAKE FRONT APPROX 4' COMPARE EAST END OF MY LOT WITH THE WEST END PLEASE FIELD MEASURE (7) PICTURE 5 LOT TO THE WEST, CABINIS APPROX. 15' FROM WATER (8) PICTURE 6 LOT TO THE EAST 15’ TO 20 FROM WATER LEVAL OWNER STATES THEY LOST 30' OF FRONTAGE (9) PICTURE 7 SHOWS ROAD AND ALSO PROPERTY PIN APPROX 12' OF MY LOT IS EASEMENT LOT SIZE 130 X 138 LESS THAN 20,000 SF CAN I CU\M HARDSHIP?????????? l-'/ Scale TT lie: / arid ■. ■ . a -v -i,!- :..Lj_l-U--LLL- -a-K-'-l !■ ;s) equals .'□3 -i--;-| lifeet.or._i.inch(es) equals ^-ff-oa jScoteA. ppTck i St2. {^S’''\ Jeet ^ ■' '. O^ll of Address Line 1 Address Line 2 City, State/Province Postal Code Country July 07,2000 Department of Land & Resource Management County of Ottertail 121 West Junius, Suite 130 Fergus Falls, Minnesota 56537 Dear Board of Adjustment Members;, We would first like to apologize for the inconviences that we may be causing you. We did not intentionally plan to cause any problems or break any ordinances. We truly felt, that as long as there had been an existing above ground deck with sides m place when we purchased our lake home, that we were able to put a screen porch m its place. The decking was completely wrotted out. A family member actually fell through it so we took it down for safety’s sake. We did not replace it again that year because it was necessary to put new siding on our lake home first. The page from the realtor’s listing states that there is a deck and the picture shows the chairs at door level—approximately 2ft off the ground. You can also see the railing. We do not know the year the deck was built, but it was very badly wrotted at the time of our purchase, which makes us believe it had been there quite awhile. We have reviewed the Shoreland Management Ordinances booklet. We feel that our screenporch qualifies as a WOAS, and meets the standards best under Sect III 4.F. We also feel that it may qualify as a hardship case, in the respect that we have less than 20,000 ft of useable property with a road easement ona portion of it. The realtor listing states lot size 130x215, but the abstract shows the lot to be 137.2 on it’s west lotline, which is the longest one. We are plarming to stain it to match our lake home, thereby reducing visibility. We are also surrounded on all 3 sides, with the exception of the lakeside, by full grown pine trees. Our screenporch does not, in any way, obstruct our neighbors’ view of the lake. As you can see when looking at the other cabins on Rush Lake Trail, almost all of them are 25ft or less from the shoreline. From talking with our neighbors over the past few years, we have been told that our side of the lake, has lost up to 30ft of lakeshore in some areas. We, and 2 of our neighbors, chose to rock our beach to attempt to stop the loss of lake frontage due to ice heaves. Some of the pictures we enclosed show some of the damage due to ice heaves. Last Spring, we had lake frontage pushed up 4+ ft all the way across. The tree next to where our stairs go down had soil pushed up 4ft and you could not walk around it. We requested a permit to rock our beach to try to prevent this from occuring again. This year, the area to the east of our dock did ok, but the area in front of our cabin/to the west of the dock was pushed up 3 ft. Unfortunately, I did not take pictures of this but you can see the ongoing soil erosion occuring on our neigbor’s lake frontage. The letter enclosed from our neighbor also mentions the loss of lake frontage. We feel that we have lost at least 7ft since we purchased the property in 1997. We hope very much that you will see in favor of our screenporch addition. It has made the outdoors much more accessible to us during the never ending “bug season” in the evening. Listening to the fish jump, the water splashing against the shore, and the loons singing are a never ending joy to us, which has been much more frequently enjoyed because of the screenporch. Please call us if we can be of further assistance. Mark can be reached via his cell phone #1-612-828-4947 during the day. He travels alot for work and does have voicemail if he is not near his phone. Again, we are very sorry for the added inconveniences we have caused. Lake Address; 44547 Miller Beach Road Ottertail, MN 56571 Permanent Address: 81165 370 Street Olivia, MN 56277 7/26/00 Wayne Stein, Board of Adjustment Secretary Otter Tail county Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 To Whom It May Concern: We received notice of the hearing for the appUcation of Mark and Kim Kurtz for a variance on their lake property. We are unable to attend the hearing but would hke to express our thoughts and concerns to the Board of Adjustment. We put a modular home with a 3-season porch and attached garage on our property a year ago. We followed all of the regulations. We would very much have liked to build our porch much closer to our lake bank to mainly provide a better view of the lake. But we did not ask for a variance and built on our property according to regulations. If the property on which the variance is being requested is on oin side of the lake (south shore), we know that construction on the deck/porch was begun at least this spring, because my husband, Bruce, noticed it when he was on his last ice fishing trip to Rush Lake. Since construction was obviously begun before a permit was obtained this raises some thoughts and questions: 1. How can this practice of making regulated changes to lake property without obtaining permits be discouraged? 2. What is the consequence for beginning the project without following appropriate steps? We will continue to follow all regulations regarding our lake property to the best of our knowledge. It is our responsibihty as lake property owners to know the regulations and to understand they are important as a way to preserve the beauty and balance of people and nature on Rush Lake. We hope that the board can come to a decision that will not encourage other Rush Lake residents to do what they wish with their property and not consider necessary regulations. Thank you. Sincerely, Bruce and Elaine Kennedy County Board of Adjustment Ottertail, County Regarding: Variance Request by Mr. Mark Kuirtz To Whom it May Concern: It is our understanding, that everyone has to obtain a Permit to add any addition to ther housing on the Lake Propery they own . This is a benifit to the property owner, as well at to all the other people living the same area, because some one comes out to inspect the propossed project and gives suggestions and ideas that might work out better for the property owner and allothers. Mr.Kurtz tore off a small deck, and then put in a cement slab, twice as big as the deck was. Then three years later, placed this small off center, proch to the front of the cabin,with out conculting anyone. If everyone goes by the Rules, we will allways have a nice looking area. We have to protect the Lakes, and try to keep them looking nice. Thank you for taking the time and effort in thes matter. Regards, James & Madonna Lanpher Fire # 178220 June 28, 2000 To Whom It May Concern: This letter is in unconditional support of the variance requested by Mark and Kim Kurtz for the screened-in porch added to their existing structure. We are neighbors of the Kurtz’s (one house away) on Rush Lake in Ottertail, Minnesota, and support the addition to the Kurtz residence. There exists no reason to deny this variance. First, the structure does not block the view of Rush Lake for us or any of the Kurtz neighbors. In fact, the Kurtz property is quite secluded, as it is surrounded by natural boundaries (trees), and the addition only can be seen from the lake itself. Second, even though the structure added by the Kurtz family is closer to the water than allowed under the law, almost all of the cabins and other existing structures in the neighborhood are closer to the water than the Kurtz structure. These structures were “grandfathered” in to comply with the existing law, while the Kurtz structure is further back from the water than these other structures. Third, we on Rush Lake have lost an estimated 15-20 feet of shoreline during the past several years. We, the Kurtz’s and other neighbors have invested substantial sums in lining our shoreline with “rip rap” to save our remaining beach area. Had the Kurtz’s not lost such a substantial amount of land during the past several years, their structure likely would have been in easy compliance with the building code. We fully support the Kurtz’s request for a variance for their screened-in porch. 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 17th, day of July, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mark and Kim Kurtz, 3934 146*'^ Ln NW, Andover, Mn 55304 Rush Lake Assoc., Inc., PO Box 42, Perham, MN 56573 Donald Dreyer, Otter Tail Twp Cldrk, RR 1 Box 578, Ottertail, MN 56571 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Richard Sha, RR 1 Box 83, Vergas, MN 56587 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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 attachrhent. Dated: July 17th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud DOMALD P {3AL)1l 3435 E RT 1-17 nOML’MCE, IL 60954 slllijR T DEL0RI6 M SiMOH 7621 GRGVELAHD RD nOUHDS VIEW, I’lN 55112-4322 RICHARD & DARLEHE FARBU 2268 TEAKWOGD CC i HAPLEWOOD, MH 55'l 19-5514 LUELLA A SinoM 7600 GRGVELAHD RD ME ilGUHDS VIEW, HH 55112-4321 HENRY A &: BEVERLY H AAR ALA 4511 DREW AVE H ROBBINSDALE, MU 55422 1426 H A ii; K A il: K1M B E R L Y S K U R f Z 3934 14&TH LN MW ANDOVER, MN 35304-3166 CARYM MAE KMUTSOM 6320 GLENWOOD AVE GOLDEN VALLEY, MN 53427-4909 HENRY A S. BEVERLY H AAR ALA 4511 DRE’W AVE N ROBBINSDALE, MN 55422-1426 GARY L ELAINE MATTSON 7214 RUSSEL AVE S MINNEAPOLIS, tlN 55423-2625 JOHN SCOTT DONALD ET AL 6120 OKBORO AVE N #106 STILLWATER, MN 55062-6166 JAMES H i: MADONNA LANPHER 2112 RUSSELL ST E SIOUX FALLS, SD .57103-0557 RANDY L SHARI L NORNES J106 A VIA R A C r NAPERVILLE, IL 60564-461' LEW A & CAROL M PL0NTY 4660 MOREHEAD AVE ' WHITE BEAR LAK, MN 55110-2635 BRUCE J & ELAINE KENNEDY 61165 370TH ST OLIVIA, MN 56277-2355 Scale: /’ .grid(s) equals Jeet, or.Jnch(es) equals.feet a Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) J'/o^ Total Impervious Surface Onsite (FT2) Total Lot Area (FT2) ^ <^'yy<p£ xiQo= {jU i/ Signature received viUL 1 1 ?000 UND & RESOURCE _ Dated 300.816 • Victor Lundeen Co. Primers • Fergus Falls. MN • 1-800-346-4870