HomeMy WebLinkAbout53000990525000_Variances_07-03-1997Variances
2
Barcode 128
80a348
APPLICATION FOR VARIANCE
otter Tail County
Fergus Falls, Minnesota 56537
(218) 739-2271
%
. I?*Office of totinly Reco’rder County of Otter Tail
1 hereby certify that the within instrument was filed
for record in this office on the U day of
■Tr t/y A.b. 19 97 at
and was duly Microfilmed as DocJ^il 34 8
tC/YVu County Recorder
Deputy
9b fidReceil
No.M.
— Please Complete With Black Ink —
6^
Daugherty 612-521-4987PatrickM.Phone;Owner;MiddleFirstLast Name
3512 Breard Avenue North, Robbinsdale, MN 55422
State Zip No.CityStreet & No.
Lake ClassBuchanan56-209 Lake NameLake No.
Rush LakeRangeTwp.36 Twp. NameSec.
Legal Description;Fire No. or Lake ID #
Addition 4Paulson's Timberlane /
Parcel Number
TYPE OF VARIANCE REQUESTED (Please Check):
Structure Size ClusterStructure Setback Sewage System.Subdivision Misc..
SPECIFY VARIANCE REQUESTED:
Allow garage to remain as built with floor, stud walls,
exterior deck,and sliding glass door on upper level for
use as storage on upper level only.
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.
37Application dated 19
r. Mn.V:/)nDate of hearing;
MOTION AS FOLLOWS:
Motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to deny the variance as
requested as no adequate hardship had been shown and to recommend that the violation to be handled through the
administrative process.
Time;19
Chairman
Otter Tail County Board of Adjustment
Permit(s) from Land & Resource Management required:
7M
.YES NO
mailed copy of Application to Applicant.
(Date/Initial)
BK 0696-001
283.383 * Victor Lundeen Co. Printers ■ Fergus Falls. Minnesota
July 3, 1997
Page 5
After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and
unanimously carried, to approve the string line with the applicant’s proposed dwelling being
squared up with the distance in the middle of the lot. The granting of this variance would
establish a building line at right angles to the side lots lines at a setback distance determined on
the string line at the middle of the lot. The string line would be established between Lot 4, which
is a vacant lot, and the structure on Lot 6.
Donald William Bernauer - Approved
Donald William Bernauer, Perham, MN, requested a variance of approximately 25’ from the
required ordinary high water level setback of 200’ for the construction of a 36’ by 110’ cold
storage building approximately 175’ from the ordinary high water level. The property is
described as part of Government Lot 3, Section 10 of Edna Township by Rusch Lake. The
audience was polled with no one speaking for or against the request. After consideration,
motion was made by John Everts, seconded by George Walter and unanimously carried, to
approve a variance of approximately 25’ from the required ordinary high water level setback of
200’ for the construction of a 36’ by 110’ cold storage building approximately 175’ from the
ordinary high water level. It was noted that the proposed structure will not obstruct the view
from the neighboring property and that the applicant’s property is heavily wooded between the
structure and the lake. Hardship is the terrain of the applicant’s property.
Patrick Daugherty - Denied
Patrick Daugherty, Robbinsdale, MN, requested a variance to “allow garage to remain as built
with floor, stud walls, exterior deck, and sliding glass door on upper level for use as storage on
upper level only”. The property is described as Lot 4, Paulson’s Timberlane Addition. Stephen
F. Rufer, Attorney, and Jose’ Cervantes, Housing Inspections Supervisor for the City of
Minneapolis, appeared along with Maureen and Tim Daugherty. Mr. Jose’ Cervantes presented
a letter from Donald Olson, Structural Engineer, expressing concerns with the corrections to the
structure that have been suggested by the County. The audience was polled with Donald
Greene, Woody Dickson, Joe Kassahn and Mark (the last name is unclear on the tape)
speaking to the variance requested. A letter from Deborah A. Spiczka opposing the applicant’s
request was read for the record. After much discussion and consideration, motion was made by
Craig Anderson, seconded by John Everts and unanimously carried, to deny the variance as
requested as no adequate hardship had been shown and to recommend that the violation to be
handled through the administrative process.
Marvin and Ruth J. Rapp - Time Extension
On November 7, 1996, the County Board of Adjustment heard the following variance request:
Ruth J. Rapp, Clitherall, MN, requested a variance of 8’ from the required side lot line setback of
10’ for the placement of an 8’ by 12’ addition to an existing garage approximately 2’ from the
side lot line.
On November 7, 1996, the following action was taken:
After consideration, motion was made by Cecil Femling, seconded by Randall Mann and
unanimously carried to deny the variance as requested as no adequate hardship had been
shown and other reasonable alternatives exist.
s criNED
July 3, 1997
Page 6
After additional consideration, motion was made by Randall Mann, seconded by John Everts
and unanimously carried to approve a variance of 4’ from the required side lot line setback of
10’ for the placement of an addition to an existing 14’ by 22’ garage no closer than 6’ from the
side lot line. Hardship is a substandard lot of record. The applicant must bring the structure into
compliance with the approved variance by July 1, 1997.
It should be noted that the 8’ by 12’ addition was already in place when the public hearing was
held, therefore, the applicants were given until July 1, 1997, to bring the structure into
compliance. Recently, a written request has been received from Marvin Rapp requesting an
extension of the July 1, 1997 date and indicating his plans to bring the structure into
compliance.
After consideration, motion was made by John Everts, seconded by Craig Anderson and
unanimously carried, to extend the date from July 1, 1997, until September 1, 1997, at which
time the structure must be brought into compliance with the variance as approved on November
7, 1996.
With no further business Chairman Walter declared the meeting adjourned at 9:37 p.m.
o3Wayne ^ein,, Secretary
100'
T Drawing Scale is 1:360
Drawn May 7, 1997
Lot #4
Daugherty Property
Address
P.O. Box 263
Ottertail, MN
56571-9998
North
24'
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46'63'52’
CabinCM
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75'
100'
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MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
June 12,1997
The Otter Tail County Board of Adjustment met Thursday, June 12, 1997, with the following persons in
attendance:
Craig Anderson
John Everts
Cecil Femling
Robert Schwartz
George Walter
Kyle Westergard, Land and Resource Management
Karen Cooper, Assistant County Attorney
Call to Order - The meeting was called to order at 7:00 p.m. by Chairman George Walter.
Minutes Approved •
Hearing no corrections or additions the minutes of the June 5, 1997 meeting were approved as mailed.
The following variance requests were heard:
Stuart Krause - Approved
Stuart Krause, Ottertail, MN, requested a variance of approximately 99’ from the required
ordinary high water level setback of 150' and a variance of approximately 24’ from the required
shore impact zone setback of 75’ for a 14’ by 24’ addition to an existing dwelling approximately
5T from the ordinary high water level and a variance to place a 10’ by 12’ utility shed
approximately 90’ from the ordinary high water level and behind the applicant’s existing
dwelling. The property is described as Lots F and G, Block A, Hilcoske’s River Ranch Beach,
Otter Tail River in Otter Tail Township. The audience was polled with no one speaking for or
against the request. A letter from Alfred Neitzke in favor of the applicant’s request was read for
the record. After consideration, motion was made by Craig Anderson, seconded by Cecil
Femling and unanimously carried, to approve a variance of approximately 99’ from the required
ordinary high water level setback of 150’ and a variance of approximately 24’ from the required
shore impact zone setback of 75’ for a 14’ by 24’ addition to an existing dwelling approximately
51 ’ from the ordinary high water level. It was noted that the addition to the dwelling will be no
closer than the existing dwelling to the ordinary high water level.
Patrick Daugherty - Tabled Until July 3,1997
Patrick Daugherty, Robbinsdale, MN, requested a variance to “allow garage to remain as built
with floor, stud walls, exterior deck, and sliding glass door on upper level for use as storage on
upper level only”. The property is described as Lot 4, Paulson’s Timberlane Addition. The
audience was polled with no one speaking for or against the request. A letter from Deborah A.
Spiczka opposing the applicant’s request was read for the record. After consideration, motion
was made by John Everts, seconded by Robert Schwartz and unanimously carried, to table the
variance application, due to the untimely death of Mr. Daugherty, until the July 3,1997, meeting
S«ED
June 12,1997
Page 2
as requested by Mr. Stephen F. Rufer, Attorney.
Rick Roy Weisser - Approved
Rick Roy Weisser, Fargo, ND, requested a variance of approximately T from the required road
right-of-way setback of 20’ for the construction of a 24’ by 28’ garage approximately 13’ from the
road right-of-way. 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 Craig Anderson, seconded by Robert Schwartz and
unanimously carried, to approve a variance of approximately 7’ from the required road right-of-
way setback of 20’ for the construction of a 24’ by 28’ garage approximately 13’ from the road
right-of-way. It was noted that the positioning of the current septic system and the limited space
available on the applicant’s lot makes this a reasonable variance request. Hardship is a
substandard lot of record.
Donna Marie Tverberg - Approved
Donna Marie Tverberg, Richville, MN, requested a variance of approximately 6’ from the
required road right-of-way setback of 20’ and a variance of approximately 45’ from the required
ordinary high water level setback of 75’ for the construction of a 16’ by 20’ garage, with a 10’ by
10’ apron and with a 4’ by 4’ sidewalk, approximately 14’ from the road right-of-way and
approximately 30’ from the ordinary high water level. It should be noted that the applicant will
be removing a 7’ 3” by 7’ 3” shed, a 6’ 2” by 6’ 6” shed, a 4’ by 19’ sidewalk and a 6’ 6” by 7’ 3”
slab and concrete under the sheds. The property is described as the South 63’ of Lot 22 and
Lot B, except the Southwest 90’, Camp Hatton, Otter Tail Lake in Amor 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 of approximately 6’ from the required road right-of-way setback of 20’ and a
variance of approximately 45’ from the required ordinary high water level setback of 75’ for the
construction of a 16’ by 20’ garage, with a 10’ by 10’ apron and with a 4’ by 4’ sidewalk,
approximately 14’ from the road right-of-way and approximately 30’ from the ordinary high water
level. It was noted that the ingress and the egress to the proposed garage would be from the
applicant’s lot, which will allow the applicant the ability to drive out onto the highway instead of
backing out onto the highway. The Board of Adjustment also acknowledges receipt of a letter
from the Otter Tail County Highway Department releasing all road right-of-way in excess of 33’
from the centerline to the above referenced property. The Board of Adjustment noted the
overall improvement the applicant’s proposal will make to this property and commented on how
well the applicant had marked the proposed changes. The Board of Adjustment also noted that
the septic system is not a concern since this property is located within the Otter Tail Water
Management District;
Jerald and Judith Wangerin - Denied
Jerald and Judith Wangerin, Fergus Falls, MN, requested a variance of approximately 8’ from
the required side lot line setback of 10’ for the addition of a 24’ by 24’ garage approximately 2’
from the side lot line. The property is described as part of Government Lot 7, Section 34 of
Aurdal Township by Wall Lake. The audience was polled with no one speaking for or against
the request. Letters from Verlin Menze, Chairman of Aurdal Township and from Michael and
PEMBERTON, SORUE, SEFKOW, RUFER & KERSHNER, P.L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
RICHARD L. PEMBERTON*
OSCAR J. SORTIE, JR *
♦♦+ STEPHEN F RUFER*
ROBERT J SEFKOW
+ H MORRISON KERSHNER*
++ ROBERT W BIGWCXJD
MICHAEL T RENC.EL*
C;ORENIA A. KOLLASCH WALZ**
KENT D. MATTSON
OmCES ALSO
FIRST NATIONAL BANK OF HENNING
HENNING, MN - THURSDAY 13
TELEPHONE: (218) 583-2933
LAW OFFICE BUILDING
110 NORTH MILL STREET
P.O. BOX 866
FERGUS FALLS, MINNESOTA 56538-0866
TELEPHONE: (218) 736 5493
FAX: (218) 736-3950
NORWEST BANK MINNESOTA WEST, N.A.
ROTHSAY, MN - TUESDAY A M.
TELEPHONE: (218) 867-2121
Mr. Wayne Stein
Board of Adjustment Secretary
Otter Tail County Courthouse
121 West Junius Avenue
Fergus Falls, MN 56537
June 11, 1997
Patrick Daugherty Variance
Our File No. 92-7193
IN RE:
I understand that the death of Patrick Daugherty will be handled
in this way:
Daugherty matter is called, you will present the correspondence
to the Board asking that the matter be reset.
then be tabled to the next meeting, which will be July 3.
believe that date will work, and I thank you very much for your
consideration with this.
At the variance hearing on Thursday when the
The matter will
I
Based on this understanding, we will not plan on having anyone in
attendance on June 12.
let me know.
If my understanding is incorrect, please
Stephen F. Rufer
di
Ms. Barbara Hanson, Asst. Co. Atty.
Mrs. Patrick M. Daughertycc:
*ALSO UCENSED IN NORTH DAKOTA "SOUTH DAKOTA
♦CIVIL TRIAL SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
♦♦REAL PROPERTY LAW SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
-►waVIL TRIAL SPEQAUST CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND MINNESOTA STATE BAR ASSOCIATION
PEMBERTON, SORUE, SEFKOW, RUFER & KERSHNER, P.L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
RICHARD L. PEMBERTON*
OSCAR J SORUE, JR *
+++ STEPHEN F. RUFER*
ROBERT J SEFKOW***
+ H. MORRISON KERSHNER*
++ ROBERT W BIGWOOD
MICHAEL T. RENGEL*
CORENIA A KOLLASCH WALZ**
KENT D. MATTSON
OFFICES ALSO
FIRST NATIONAL BANK OF HENNING
HENNING, MN - THURSDAY 1-3
TELEPHONE: (218) 583-2933
LAW OFFICE BUILDING
110 NORTH MIU STREET
P.O. BOX 866
FERGUS FALLS, MINNESOTA 56538-0866
TELEPHONE: (218) 736-5493
FAX: (218) 736-3950
AMERICAN BANK MOORHEAD
ROTHSAY, MN - TUESDAY A M
TELEPHONE: (218) 867-2121
Mr. Wayne Stein
Board of Adjustment Secretary
Otter Tail County Courthouse
121 West Junius Avenue
Fergus Falls, MN 56537
May 27, 1997
Patrick Daugherty Variance
Our File No. 92-7193
IN RE:
I am attorney for Mrs. Patrick M. Daugherty,
of variance hearing to be held on June 12.
I received a notice
I have just received word of Mr. Daugherty's sudden death. I am
not certain whether I will be able to meet with Mrs. Daugherty prior to the 12’"'’ to determine her plans.
circumstances, I would ask that the hearing be continued until a
Under these
date.
Stephen F. Rufer
dl
Ms. Barbara Hanson, Asst. Co. Atty.
Mrs. Patrick M. Daughertycc:
*ALSO UCENSED IN NORTH DAKOTA **SOUTH DAKOTA ***WISCONSIN
♦dva TRIAL SPEOAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOOATION
■H-REAL PROPERTY LAW SPECIAUST CERTIFIED BY THE MINNESOTA STATE BAR ASSOaATION
+++aVIL TRIAL SPEQAUST CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND MINNESOTA STATE BAR ASSOaATION
Donald Olson
Structural Engineer
2183 Holly Avenue North,
Oakdale, MN 55128
(612) 770-0447
July 2, 1997
Otter Tail County
Board Of Adjustment
To Whom it may concern:
I’m writing this letter in regard to the Mrs. Patrick Daugherty case you are scheduled to
hear on July 3, 1997. I have reviewed drawings of the property and discussed
construction methodologies with Jose’ Cervantes, a Housing Inspections Supervisor with
the City of Minneapolis, who has had the opportunity to view the garage in question.
Furthermore, I have read correspondence from Barbara Hanson, of the Otter Tail County
Attorneys Office that prescribes a detailed methodology for bringing the violation(s) into
compliance with the code.
It is my opinion that if Mrs. Daugherty was to follow through on the prescribed
corrections as outlined in the March 12, 1993 letter from Barbara Hanson the
consequences would include:
1) If second floor is removed, all four exterior walls would need to be completely rebuilt
because they would not stand up to the required 18 foot height without having maybe 2X8
or possibly 2X10 studs for the full 18 feet.
2) If present wall from second floor to roof ridge is removed, it would need to be
replaced with a beam and column system. Because of the 18 foot unbraced height, the
roof ridge would need to be supported the full 18 feet of height. Completely rebuilt.
3) The upshot of above is that if proposed modifications are made, it would be
economically marginal whether the garage should be saved or be demolished and start the
project over from the beginning.
Sincerely,1 ]—’ly certify that fnU plan. sp«ificati^«
ri i t vras prepared by me or under my airem ou - vvisUm and that I am a <fely Registered
Professional ICnsineer under the lows of tbe
o,:.te of Minnesota. / y7Donald Olson
Structural Engineer
No,,Data
^ SC.^1JED
JUN 11 ’97 13:47728 P01
JHII, IW
The Honorable George V/altert
Coramisfloner and Chairman of the Coromitfee
Otter Tail County Board of Adjustment^ Otter Tail County Courthouse
121 West Junius Avenue
Fergus Falls, MN 56537
Fax number: 218.^9.3721
RE: Aptlieeut:
Hearing tv he held:
Prspefty description: Lot 4, Paolson's Tlnberlane Addition
Section 36, Township 13S, Range 39 - Township Name - Rush Lake
Lake No. ^-209, Lake Name - Buchanan, Class - 6D
4
Patrick M. Daugherty
June 12,1997 ® 7:00p.m.
Dear Mr. Walters:
I am writing in response b the notice of hearing for variance. Following are my eoneems with the requested
varianee. The building as eonstruoted does not give the appearanoe of a storage only building. The size of the
deck, tile sheetroeked inbrior walls, sfiding glass doors and windows give tiie appearance that this is very usable
space. Space that eould provide additional sleeping quarters or even temporary housing for use by persons on a
regular basis. It should also be noted that the deck, doors and windows all face the shoreline and are at a height
that allows a panoramic view of the lake. Also, the building eould be misrepresenbd if the owner was b sell the
property. If approval is given to Mr. Daugherty, what will keep tiie other property owners from constructing so-
called sbrage buildings? I feel quite strongly that approval on this matter would send a most inappropriate message
b the property owners suggesting that the county will allow storage buildings that look like living quarters b be
acceptable as long as the owner states it will only be used for storage. I do not want to see this become the norm.
Also, it is my undersbnding any usage violation of the building would actually have to be witnessed by an official
from the county and that the owner would only incur a fine. Thus, I would find that to be difficult inasmuch as
the property is primarily used on weekends during the summer months. I find this request by Mr. Daugherty to be
unfair not only to me, but b all the other property owners on the lake as we are only allowed one dwelling per lot.
This ordinance should have been reviewed and understood by him prior b construction of'the building. I am
opposed b the approval of the varianee as requesbd.
I would like b receive a copy of the minutes from this scheduled hearing when available. My home address is
listed below. Thank you for your consideration in tills matter.
Sincerely,-fw
Deborah A* Splczka
11311 Fivrida Avenue North
ChempHtt,MN 55316
Lott 2 and 3, PeulWt TimherlMe AJditiou
Buehmm Luke
7
^ SCM
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 19th, day of May 1997 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Patrick M. Daugherty, 3512 Breard Avenue North, Robbinsdale, MN 55422
Mr. Stephen F. Rufer, Attorney, Pemberton, Sorlie, Sefkow, Rufer& Kershner, P.L.L.P.
Law Office Bldg., 110 N Mill St., PO Box 866, Fergus Falls, MN 56537
Janelle Fritz, Twp Clerk of Rush Lake, Rt 1, Ottertail, MN 56571
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
Otter Tail County Public Heath Department, Courthouse, Fergus Falls, MN 56537
Board of Adjustment:
Craig Anderson, RR, Ottertail, MN 56571
John Everts, RR 2, Battle Lake, MN 56515
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Robert Schwartz, RR 1 Box 4, Wadena, MN 56482
George Walter, RR 1 Box 314, Perham, MN 56573
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: May 19th, 1997
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud