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HomeMy WebLinkAbout55000990362000_Variances_06-16-2003OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 335863 this instrument #.---------------------- was filed/recorded in this office eeortlonthe_Z2_dayof 77/7/7/Af 2003 at.2L2C&fpm dy^b/. Metcalf»County Recorder T ___Deputy On.Wfki recording fee ^ certificate 'lTL^ 935863 for r Wen by: THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218)998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us ns.60Application Fee mm _______ ')oi 7n COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted by / Date rvoioPROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 'PiZi LAKE CLASSLAKE NUMBER^LAKE NAME ( n TOWNSHIP.RANGE TOWNSHIP NAMESECTION PARCEL NUMBER E-911 ADDRESS TYPE OF VARI/^E REQUESTED (Please Check) structure SizeStructure Setback Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED 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 UNDE (AND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO & RESOURCE MANAGEMENT REGARDING THIS MATTER.ICON SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Wiii Receive Notification As To The Date/Time Of Hearing) ! i; aCl^ / TimeDate Of Hearing Motion Robert F. and Sharon B. Rubeck - Denied. (6:30 p.m.) Motion was made by Steve Schierer to approve a variance of 5’ from the required south side lot line setback of 10’ for the placement of a dwelling 5’ from the south lot line and at least 10’ from the north lot line and meeting all other setback requirements of the ordinance. This motion died for lack of a second. After additionarconsideration, motion was made by Paul Larson to continue the motion of the August 13, 1998 Board of Adjustment meeting for an additional two years. This motion was withdrawn based on the language contained within the August 13, 1988 with Steve Schierer voting no, to deny the variance as requested as the minutes of the August 12, 1998 Board of i Adjustment meeting are very clear and there is adequate room to provide the applicants with a reasonable use of their property without the continuance of the previously granted variance. It should be noted that the previously granted variance expires on August 13, 2003. TimeDate Of Wcpjon, Chaifman/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 And the MN DNR L R Official/Date Time-Date Of Hearirig _ ____________________________ ______Chairman/Otter Tail County Board ol Adjustment BK-0402-001 311,491 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870PetTi5is{s) required from Land & Resource M.3nagement ______Yes (Contact Land & Resource Managesnent) N.C SUPPLIMENT TO APPLICATION FOR VARIANCE FROM ROBERT F. AND SHARRON RUBECK DATED 6/16/2003 VARIANCE REQUESTED: On August 8,1998, a five year variance was issued to Elizabeth Lai^ent allowing the placement of an existing dwelling (a park model) 6” from the south lot line of her property. That variance is now expiring in August and the dwelling is to be moved into compliance with the Shoreline Management Ordinance. Robert F. and Sharron B. Rubeck purchased the lot and dwelling in Oct. 1999 and were made aware of the variance inforce. However, the implication of moving the dwelling were not known or were not communicated at that time. A new variance is sought because meeting the requirements of the Shoreline Management Ordinance creates a hardship. This hardship includes the following: 1. If moved north, it would disturb the bank adjacent to the north neighbors property. Our dwelling is only 2’ from large trees on the north side of the lot. These trees help to retain the bank from the neighbors adjacent lower property. Their dwelling is lower and drainage or bank erosion could become a problem. 2. Since the lot is 51’ wide at the point of the 35’ dwelling, only 16’ remain for both sides and setbacks of 8’ each. 3. There is a steep bank on the east and north portions of the lot. If the dwelling were turned on an angle, part of the dwelling would hang over the bank. Again compromising the integrity of the bank. 4. Since there is no appropriate place to move the dwelling to come into appropriate compliance, we seek this variance of 9’6” to allow the dwelling to remain in it’s present location. Reasons to remain in present location: 1. There have been no problems between neighbors or with the property integrity since we have owned this property. 2. The neighbors on the southside, Dan and Stephanie Baker have been contacted and are not opposed to this variance we request. Their home is more than 35’ from our south lot line, and since 1998, they built a garage betweeu their home and our dwelling. 8.'^0205 yUN 19 IM)&RESOUaCE Office of OouHiy Hecofoer County of Otter Tail I hreby certify that the vwlbin inst^menf was filed far m this office oi||^ w*^(tuiy Microfjfnwd i _dav of )i:05andas Doc.i Coonfy Rec(^ .DeMy THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS. MN 56537 (218) 739 - 2271 rC5*** COMPLETE THIS APPLICATION IN BLACK INK # * « Application Fee Receipt Number sgc/\DAYTIME PHONEj^rcct^U. (APROPERTY OWNER ADDRESS S ^t>rh ~h ^ ( e ^ Act KLAKE NAME LAKE NUMBER -LAKE CLASS h7~^f<L//TOWNSHIP I '^'7 RANGE ^ 3 TOWNSHIP NAMESECTION FIRE NUMBER OR LAKE I.D. NUMBER LEGAL DESCRIPTION 5 e’ C - /f 'T"/3 -7 K < Ue.c.S~Etf J^c^t *3 7 TYPE OF VARIANCE REQUESTED (Please Check) ')C Structure Size___Sewage System____ SubdivisionStructure Setback Cluster Misc. SPECIFY VARIANCE REQUESTED 9 "S I 'cfe- (' ^ry^ 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. lIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) [S53 S^^cLu^ 3.^ ^ ary^skdUjL^ g/xa^77^^ // ^ -'Oo J 00 b .J 3^/ Oo^ d06 00 ^9'or/ 7/ ^3'COG DBB Accepted By Land & Resource L & R Official/Date A: 30 /“./n.TimeDate Of Hearing ?• i- 9S Motion Elizabeth Largent- Approved August 6,1998 meeting - The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann to approve the variance as requested with the condition that the variance will expire after five-years. This motion died for lack of a second. After additional consideration and discussion, motion was made by Randall Mann, seconded by Cecil Femling an unanimously carried, to table the applicant’s request until the August 13,1998 Board of Adjustment meeting for the review and for the opinion of the County Attorney’s office regarding the granting of variances with time stipulations: August 13,1998 meeting - After discussion and consideration, motion was made by Randall Mann, seconded by John Everts and unanimously carried, to approve a variance of 9’ 6” from the required lot line setback of 10’ for the placement of a structure 6” from the lot line with the condition that the approved variance expires after five years or if within that five year period of time the existing unit is removed the approved variance is cancelled. It should be noted that under no circumstances could the existing unit remain in its current location after August 13, 2003. Chairman/Ottef Tail County Board of Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) (.. :xLu No L R Official/DateCopy of Application Mailed to Applicant And the MN DNR bk 0797-001 287.383 • ViclOf Lundeen Co,. Printers • Fergus Falls, Minnesota .♦ iV**. ; .1 ; - • ' • , i'-c SiMi r BEC£iV£D yUN 19 BSS 1/^MO S RESOUf^^ 1 !;j \ > : SCALE IN FEETI SQALE; 1 INCH =* 20 FEET *' , BEARINGS ARE BASED ON AN ASSUMED DATUM.'>y!?‘I\'i!•I\ \ t ■,'i '•■ ■)• i••' i \■ .'•1 t !Cl 5/O :• O < \; o r\ O X-z.i \9-A \LO \L/S ! i\ \ “E- \o \ \ 'X- o'X \ >\ . \\ 'X