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Home My WebLink About53000990711000_Variances_05-04-2006Variances 2 Barcode 128 <5-^-200(o 997834 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #_ was fiied/recorded in this office for record on the _Z:k_day of 2006 at^lD^^m/pm Wendy\L. Me^alt County Rarorder received APR 122006 land S> KtbOURCE .recordino/^ .well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE 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 MS'Application Fee _ Receipt Number Accepted By / Date V-/^"0 (o COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER0«. ro $ , 4- ZS MAILING ADDRESS 3 i 3'3 y /^Q LAKE NUMBER ^ ^ LAKE NAME ^ U ^ k a 7 -^OOOAYTIME PHONE e. A;tf . <C h y g> fo L j 7 X e ______LAKE CLASS______ u s A X/tgXr'e/3 S~ range^3 ?'3(nSECTION TOWNSHIP TOWNSHIP NAME PARCEL E-9ii ADDRESS(K 5'3d00 f967//0d0 ys~3^? //g/v Oy'NUMBER l U __I ^ rrc ^ y S'i^ / LEGAL DESCRIPTION 5 <-c.7*"/3 S' ^ck. c? 3 9 O K ^ :T /3 C'-X^ / TYPE OF VARIANCE REQUESTED (Please Check) yX^tructure Size___Sewage System____ SubdivisionStructure Setback Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. • % /y c/<75P^ 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 ALSOUNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & REg&J^E MANAGEMENT REGARDING THIS MATTER. ^IGNAJtJ^E OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ^ooh 7T'Jo t * I i ■^U0\ V ' quc »?: 7. :?/) P./T),6-‘4-^nn/,7Date Of Hearing Time Motion Delvern S and Janice M Husfeldt - Denied. (7:30 p.m.) After consideration, Steve Schierer made a motion, second by Joe Maske to approve a variance of 6’ from the required road right-of-way setback of 20’ for the piacement of a 32’ by 48’ structure 14’ from the road right-of-way. This motion faiied with Cecil Femling and Randall Mann voting no and with Paul Larson and Michael Harris abstaining. Those voting against the motion noted that there is no adequate hardship unique to the property that would allow for the granting of the variance as requested and noting that the applicants have adequate room on there property and could have placed the 32’ by 48’ structure in a location which woul not have required a variance from the required road right-of-way setback of 20’. It was also noted that had this request been submitted before the project was completed it would have been denied for the same reasons. After additional discussion, Randall Mann made a motion, second by Steve Schierer and unanimousi carried, to allow the applicants 120 days to bring the structure into compliance with the required road right-of-way setback. Delvern S and Janice M Husfeldt - Reconsidered. After additional review, consideration and discussion, Paul Larson made a motion, second by Michael Harris to approve the variance as requested noting that the location of the structure has been accepted by the township, does not affect the safety of the public and would be consistent with some of the other variances that have been granted in the past. The motion failed with Cecil Femling, Joe Maske and Randall Mann voting no. Those voting against the motion noted that there is no adequate hardship unique to the property that would allow for the granting of the variance as requested and noting that the applicants have adequate room on there property and could have placed the 32’ by 48’ structure in a location which would not have required a variance from the required road right-of-way setback of 20'. tter Tail Count]}' Bc^rd ofChairm tment Permit(s) required from Land & Resource Managemen X Yes (Contact Land & Resource Management) iMMUh 7l»(olo5 V/A S/llhto LR Official/Date No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0106-001 V. Lundeen 324855 May 4,2006 Page # 3 Reconsideration of the Richard A and Debora K Gappa (7:10 p.m.) The following is the request and action from the Thursday, April 6, 2006 Board of Adjustment Meeting - Richard A & Debora K Gappa - Denied at. (7:06 p.m.) Richard A & Debora K Gappa, part of Government Lot 1 and the Northeast Quarter of the Northwest Quarter, Section 27 of Parkers Prairie Township by Lake Adley, requested a variance to subdivide a 2 acre parcel (approximately 310’ by 285’ or 88,350 square feet) from an existing 11.4 acre tract. Minimum size required for a metes and bounds parcel in the shoreland area is 5 acres. Minimum size required for a platted back lot in the shoreland area is 400’ of width and 160,000 square feet of area. The audience was polled with no one speaking for or against the variance as requested. Letters from Vic Benzinger, Ray Caauwe and George M (Shorty) Revering in support of the variance as requested were read for the record. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with Paul Larson and Rick Wilson voting no to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and approving the variance as requested would create a grossly substandard lot. After the April 6, 2006 Board of Adjustment meeting it was noted that the applicants’ variance application contained an incorrect lake classification, therefore, this application is being presented at this hearing to the Board of Adjustment to determine if the outcome would have been the same had the Board known the correct lake classification. Richard A & Debora K Gappa - Approved the variance application as requested with a condition. (7:10 p.m.) After review, consideration and discussion at the May 6, 2006 Board of Adjustment meeting, Steve Schierer made a motion second by Michael Harris and carried with Joe Maske abstaining, to approve the proposed subdivision as described in the variance application dated February 8, 2006 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. The Board noted that the variance as approved will create a metes and bounds parcel that exceeds the minimum required size for platted back lots on a general development lake and which is also consistent with the size of other back lots in this immediate area. (Break 7:15 p.m. to 7:30 p.m.) Delvern S and Janice M Husfeldt - Denied. (7:30 p.m.) Delvern S and Janice M Husfeldt, Lot 5 Block 1 Oak Shores Second Addition, Rush Lake in Rush Lake Township, requested a variance of 6’ from the required road right-of-way setback of 20’ for the placement of a 32’ by 48’ structure 14’ from the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Andrew Klinnert, Chairman of Rush Lake Township, stating that the township had no objection with the variance as requested was read for the record. After consideration, Steve Schierer made a motion, second by Joe Maske to approve a variance of 6’ from the required road right-of-way setback of 20’ for the placement of a 32’ by 48’ structure 14’ from the road right- of-way. This motion failed with Cecil Femling and Randall Mann voting no and with Paul Larson and Michael Harris abstaining. Those voting against the motion noted that there is no adequate hardship unique to the property that would allow for the granting of the variance as requested and noting that the applicants have adequate room on there property and could have placed the 32’ by 48’ structure in a location which would not have required a variance from the required road right-of-way setback of 20’. It was also noted that had this request been submitted before the project was completed it would have been denied for the same reasons. After additional discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to allow the applicants 120 days to bring the structure into compliance with the required road right-of-way setback. May 4,2006 Page # 7 Thomas J and Janet G. Becklund - Approved the variance as requested. (9:03 p.m.) Thomas J and Janet G. Becklund, Lot 2 Block F Haggstrom’s Subdivision of Reserve Lots E and F and Lot 5 Haggstrom’s Beach Reserve Lot G, Pickerel Lake in Maine Township, requested the following: We are requesting a variance to add an addition to the front of our cabin to increase the small living area for year round occupancy. Currently our neighbors on the east and west have put additions on their cabins 12’ and 10’ past the front of our cabin. We are requesting permission to move out 10’ to give us needed living space and allow equal visibility of the lake. Our cabin is 50’ from the ordinary high water level. Also, we would request permission to enclose our rear deck in the roadside of the cabin. This application would allow us to increase our kitchen size. Also we will request a variance to be 4’ from the east lot line. These additions would not interfere with the neighbor’s view or visibility. The closest addition would be 40’ from the ordinary high water level and the rear addition would be 75’ from the ordinary high water level. The required setback is 100’ from the ordinary high water level and 10’ from the side lot line. The audience was not polled as there was no one in attendance at the time of this hearing. Letters from Michael and Jo Kearns and Jeff Zarling in support of the variance as requested were read for the record. An email from Anne and Jeff Zarling in support of the variance as requested was read for the record. After consideration, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve the variances as requested in the variance application dated April 13, 2006 and as depicted on the drawing submitted with the variance application noting that the proposed development will be no closer to the ordinary high water level than the structures on either side of the applicants’ property, will not be ahead of the sight line and the approved variances will allow the applicants’ to make necessary improvements to there property. Delvern S and Janice M Husfeldt - Reconsidered. Paul Larson requested additional discussion regarding the Husfeldt variance application. Michael Harris, Paul Larson, Joe Maske and Steve Schierer indicated an interest in additional discussion regarding Husfeldt’s request. After additional review, consideration and discussion, Paul Larson made a motion, second by Michael Harris to approve the variance as requested noting that the location of the structure has been accepted by the township, does not affect the safety of the public and would be consistent with some of the other variances that have been granted in the past. The motion failed with Cecil Femling, Joe Maske and Randall Mann voting no. Those voting against the motion noted that there is no adequate hardship unique to the property that would allow for the granting of the variance as requested and noting that the applicants have adequate room on there property and could have placed the 32’ by 48’ structure in a location which would not have required a variance from the required road right-of-way setback of 20’. With no further business, Randall Mann, Chair declared the meeting adjourned at 9:26 p.m. SecretaryWayn^tein, SIS ^9 - ^—Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfleld(s), bluff(s) & wetland(s). Must also Include all proposed topographical alterations. 3^%Scale Impervious Surface ^^-CEIVED J 2 2006 <‘KtSOURcEI~ANu Arz: 3^^ ta' 3£y\5kT. tt32•11-I So 31* KievAJ i (I- <4- Signature of Property Owner Date BK — 0505 322.160 • Victor Lund^en Co. PnnterS • F«tgu5 Fn'if. MN • 1-6OO*346A07O .NW COR. NE 1/4 OF THE NW 1/4, SEC. 36. TWP 135, RGE. 59 OAK SHORE!PrefDared by: ROBERT B. OSLUND & AS3X INC.• #PART OF GOVERNMENT I OTTER Fergus Falls, Minn. \P N 1/4 CC TWP. 135 RUSH LAKEI I '^/p 7 ! r'i ■*» o .**/Oo'O .'I foaq§'O I -O' I '. I ot‘O Mj c8I! ^ ll". I > C\J 7o ^ t 35/00* S.F ^ tVj ^ c\j 33/00*S.F. & V>1 o\•V.* t\j 34,300^SF ^Vi0 %,0 -n 35,i'00*SF S»J-‘‘J (o’ J7,4C‘0*SF : '?> 2C\j _rr> }p*VJ 2>nA-48°25'20" L^338/' R=40.00' • 40/00*S.F. ^ ?? 1^)I«L 44/00*5. f o- <«f 4 SCALE l"=IOO‘Q \05/ '>*5 /MLij/' Total area = 20.0 + Acres \I y ! f a^4e°25'2(f V L=33B/‘ R-40.00' /io ^ '6>49^S'71^/0 •NI««*1\ ^rv li>v I \ April 9, 2006 To those it would concern: Delvem Husfeldt who has a home on Block 5 of Oak Shores Addition on the south shore of Rush Lake has petitioned the Rush Lake Town Board to waive an inadvertent encroachment onto the Town Road right-of-way. It appears as if Mr. Husfeldt did not intentionally place his storage building on the road easement and since the building and the roadway are separated by a certain amount of vegetation and the building will in no way impede use or mainfehance of the road we have no objection to it’s placement. Thaii^ou, Andrew Klinnert Chairman of Rush Lake Township. 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 April, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: DeLvern S. and Janice M. Husfeldt, 3133 Kentucky Ave N., Crystal, Mn 55427 Rush Lake Assoc. Inc. PO Box 42, Perham, MN 56573 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, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 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. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecii B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Joe Maske, 14833 Lake Olaf Rd S., Pelican Rapids, MN 56572 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: April 17th, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment \L\ /7l/i, X iJjyA, o ^ By: Vi Manderud « GARY R & YVONNE M COWDEN 45363 COUNTY HIGHWAY 54 OTTERTAILMN 56571 9519 FRANK R BOONE ET AL 17463 180TH STS BARNESVILLE MN 56514 9205 ROBERT & CYNTHIA DAVIS 45443 PIONEER DR OTTERTAIL MN 56571 9526 GREG GOODIJOHN & KATHY DREYER 45271 COUNTY HIGHWAY 54 OTTERTAILMN 56571 9519 MARK R HEINO 403 14TH STS FARGO ND 58103 1627 DIETZ TST 34595 455TH AVE OTTERTAIL MN 56571 9504 DELVERN & JANICE HUSFELDT 3133 KENTUCKY AVE N CRYSTAL MN 55427 2910 ROBERT E & KAREN M JACKMAN 5302 KINGS XING BROOKLYN PARK MN 55443 1601 ARLENE M HENRY 6881 BOYD AVE EDEN PRAIRIE MN 55346 3526 STEVEN L JOHNSON 45315 COUNTY HIGHWAY 54 OTTERTAILMN 56571 9519 WILLIAM & HELEN JOANIS 3N903 BRIDLE CREEK DR SAINT CHARLES IL 60175 7645 JENNINGS LLC 19357 EUREKA CT FARMINGTON MN 55024 9595 RUTH ALICE LUEDERS 34632 455TH AVE OTTERTAIL MN 56571 9504 PAUL R & KATHLEEN LARSON 21283 COUNTY HIGHWAY 65 HENNING MN 56551 9573 EDWIN E & LINDA R KEITH 45539 348TH ST OTTERTAIL MN 56571 9503 GARY R & COLLEEN F MILLARD 10590 E POINT DOUGLAS RD S COTTAGE GROVE MN 55016 4109 DWAYNE G MEIER 517 RIVER PKY W CHAMPLINMN 55316 1226 MATTFELD TST 45501 348TH ST OTTERTAIL MN 56571 9503 ROSE TST 45357 COUNTY HIGHWAY 54 OTTERTAILMN 56571 9519 NORVAL A & KAY M ROKKE 1825 51 ST AVE N MOORHEAD MN 56560 8804 RUSSELL E & SUSAN K OHM 45505 348TH ST OTTERTAIL MN 56571 9503 ALICE L VOLBERDING 45381 COUNTY HIGHWAY 54 OTTERTAILMN 56571 9519 TO THE PUBLICDONALD E & JANIS E SLAVIK 34605 454TH AVE OTTERTAIL MN 56571 9520 KARL WAGNER & CHERYL MACKEY 9752 UNSER AVE W LITTLETON CO 80128 6985