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Home My WebLink About23000100062000_Variances_05-15-2003Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was fiied/recorded in this office for record on the I'J day of June______2003 at Wendyl^etcalf, Coun^ Recorder by: /I. ^ Deputy e hr/^O -Oi) recording fee weli certificate 930S'/1 I hereby certify that this instrument #__ L\H THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED MAY 1 5 2003COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us LAND & RESOURCE PROPERTY OWNER ^ \?e'i <^DAYTIME PHONE(jZ^\Sr0 ~5 ft - I \ MAILING ADDRESS \ Pc',. i-V7 ^ V ^ P(?>-^ LAKE NUMBER_ SECTION ) (T^ TOWNSHIP ( ^ '2- PARCELNUMBER S- 2.^00Q ( C^Ci Qi (^7-(T^T^jC. i Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted by / Date LAKE CLASSLAKE NAME ia e 230001 COO(£:>e>CO I eI E-911ADDRESS Z04^~1 W :z£js\.L>J LEGAL DESCRIPTION \/h KuO t/R E.X. VA ^ V/2L e>LO \/H lOo^^ Wcoa .’Z-'^ (-(><-)N\ I \3' oA e. of £. TYPE OF VARIANCE REQUESTED (Please Check) Subdivision ^Structure Size Misc.Sewage System ClusterStructure Setback SPECIFY VARIANCE REQUESTED \t . Q ' * C\ ^^aju>pn/ip) ^ OA/s^C___ 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. \ T^^^st^^turbofproperty owner^^^f oSi TffPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ' 3^ifrjo 6^" 16 i Hoseufi-O 'j';;: J^Cemcol) ^<^-000 i^^^OOl (p^-060 oUjl^ Lp'^'DO3- ip^'OOlcUt^ ~10 'Ooo Id -oo\ f /i />iT>.oiMi__TimeDate Of Hearing I liV>JL Motion Robert B and Kelly A Harris - Approved with condition. (8:11 p.m.) Motion was made by Cecil Femling, second by Steve Schierer and carried with Paul Larson voting no, to approve a variance to subdivide an existing 4.22 acre parcel into two tracts of less than 2.5 acres as depicted on the drawing dated May 13, 2003 with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the proposed lots will exceed the minimum size required for platted lot outside the shoreland area and that both lots will have access to a public road. ^irne ChaifTfian/OttefTail County Board of Adjustment Permlt(s) required from Land & Resource Management K Yes (Contact Land & Resource Management) No Wd3Copy of Application Mailed to Applicant And the MN DNR___ L R Official/Date < VOt^C.:'i Taii County Board of Aojustmeni BK-0402-001 311,491 • Victor Lundeen Co., Printers •Falls, MN • 1-800-346-48703i !'-'^sourcc Mgnagonteoi Yc’s (Coo'':jct l^nd Y Rfjsos.irco Fergus Scale: /^O feet.inch(es) equalsfeet, or.grid(s) equals 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) /SZ.9SO = 0.03L Total Lot Area (FT2) X100=% Total Impervious Surface Onsite (FT2) RECEIVED WAY 1 5 2003 LAND & RESOURCEZ2>0*-At/V^-<- % i1(0 Vi a *... ^ I •w £■/./.□ ,■b 5cPnj-.P71 <0^'TP'Mks V'to rVo &■0 //3' /-50-<- *—hC-> uJATerZ Jf zee.' § Q /5T0^ 33'3-= 230 k - /Oo^52.00 - 'Z-I^Ac/Z£T> 10 3S3 ^ ^ 2.(’07rr<'^ 7^Qy5r5Ft^ I Datea 304.678 • Victor Lundeen Co.. Primers • Fergus Falls. MN • 1-800-346-4870 June 12,2003 Page # 4 Steve Jensen - Approved as requested with a condition. (8:50 p.m.) Steve Jensen, part of Government Lot 4, Section 28 of Amor Township by Otter Tail Lake, requested the following; This is an application for a variance to subdivide, without platting, a 6.44 acre tract into two metes and bounds parcels of 2.5 acres and 3.94 acres. The majority of the Jenson property to be subdivided does not adjoin, but is located within 1,000 feet of, the shoreline of Otter Tail Lake. The subdivided tracts will comply with the size and width requirements of residential back lots as required under the ordinance. It is not possible to plat the property in accordance with the subdivision control ordinance because the access to the Jenson property from Augustana Drive is not 66’ wide. It is 40.51’ wide as measured along the southeasterly line of the property where it joins Augustana Drive. The rest of the Jenson property is separated from Augustana Drive by two metes and bounds tracts, which lie, between the southeasterly line of the Jenson property and Augustana Drive. Other parties, not the Jensons, own those two metes and bounds tracts. Therefore, access to the Jenson property is limited solely to the westerly portion of the tract where it adjoins Augustana Drive. The limited access to the property constitutes a hardship under the ordinance since there is no other access to the property and there is not sufficient property to provide 66’ wide access. The variance request is reasonable and the variance should be granted under these circumstances for the proposed subdivision. Jim Peterson, Surveyor, and Chris Svingen, Attorney, appeared along with the applicant at the public hearing. The audience was polled with Mike Holstrom, Amor Township Supervisor speaking in favor of the variance as requested. After consideration and discussion, motion was made by Cecil Femling, second by Randall Mann and carried with Steve Schierer abstaining and with Mark Steuart voting no, to approve the proposed subdivision as depicted on the registered surveyor’s drawing, which was submitted with the variance application, with the condition that the easement area identified for ingress and egress to Parcel “A” must be legally recorded. It was noted that the two proposed lots meet the minimum size requirements for platted back lots, have building sites, which should not require additional variances for development, and have adequate room for two onsite septic systems. Hardship is the terrain and the inability of the property owner to provide the required 66’ access which would be necessary for the applicant to plat the property. Robert B and Kelly A Harris - Approved with condition. (8:11 p.m.) Robert B and Kelly A Harris, part of the Southeast Quarter of the Northwest Quarter and part of the East Half of the Southwest Quarter, Section 10 of Elmo Township, requested a variance to subdivide an existing 4.22 acre parcel into two tracts of less than 2.5 acres each. Once parcel would be 2.14 acres and the other parcel would be 2.08 acres. The audience was polled with no one speaking for or against the request. After consideration and discussion, motion was made by Cecil Femling, second by Steve Schierer and carried with Paul Larson voting no, to approve a variance to subdivide an existing 4.22 acre parcel into two tracts of less than 2.5 acres as depicted on the drawing dated May 13, 2003 with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the proposed lots will exceed the minimum size required for platted lot outside the shoreland area and that both lots will have access to a public road. Leo Janu - Denied. (8:19 p.m.) Leo Janu, part of Government Lots 1 and 2, Section 7 of Gorman Township by Silver Lake, requested a variance to subdivide, by metes and bounds description, a 2.4-acre parcel from an existing 46.28 acres tract. Minimum size for metes and bounds parcels within the shoreland area is 5 acres. Scott Walz, Surveyor, appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration and discussion, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to deny the variance as requested as the proposed lake shore lot should go through the platting process and should be reviewed by the Planning Commission to determine if there is adequate area for building development. The members of the board expressed concerns with the amount of wetlands and the elevation of the proposed lot. Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Fails, MN 56537 (218) 998-8030/998-8041 Emaii - wstein@co.ottertaii.mn.us www.co.otter-taii.mn.us Appiicant must be present at the scheduled hearing. To Whom It May Concern: Robert B and Kelly A Harris 16537 County Highway 42 Parkers Prairie, MN 56361 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 12, 2003, at 7:30 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 described as part of the Southeast Quarter of the Northwest Quarter and part of East Half of the Southwest Quarter, E911 Address - 20497 State Highway 29 N Section 10, Township 132, Range 37 - Township Name - Elmo Lake No. 56-NA, Lake Name - NA, Class - NA The variance requested is: a variance to subdivide an existing 4.22 acre parcel into two tracts of less than 2.5 acres each. Once parcel would be 2.14 acres and the other parcel would be 2.08 acres. Wayne'StBltv Board of Adjustment Secretary Date: May 16, 2003 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, 2003 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Robert B and Kelly A. Harris, 16537 County Highway 42, Parkers Prairie, MN 56361 Linda J. Bates, Twp Clerk of Elmo, 56193 Stoney Creek Rd., Parkers Prairie, MN 56361 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 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: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 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 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 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: May 19th, 2003 Wayne Stein, Secretary Otter Tail County Board of Adjustment d^.-sAcv,By: Vi Manderud