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HomeMy WebLinkAbout55000990526000_Variances_04-06-2000\ >I•'% 863671 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA :rnsLmZ:iiG2i5Q was filed/recorded in this office for recoixl on the I ~7 dav ofI hereby certify that this instrument # was filed/recorded in this office for record on the I ^ day of I\\qM 2000 at ^/:/)0 am/j5^ * ' Metcalf, County Recorder 6^-^___________2000 at ir.OO i^^pm Wendy L.l\/1etcalf, County Recorder BroutvI ^‘^recording fee^ well certificate by: Weni by:IrO^puty" recording fee well certificate 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 **4r Application Fee \s-- 7^La ■j Receipt Number % 0PHON^y**y^3-(LPROPERTY OWNER ^Jjm) !Ah) 0}i/rruVr ADDRESS miSh-Q.^lLAKE NUMBER LAKE NAME ^ LAKE CLASS _ Zl7 JSECTIONTOWNSHIPRANGE__ PARCEL NUMBER j5Jd OOO TOWNSHIP NAME AFIRE / LAKE I.D. NUMBJ LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) W"'^^ucture Size Structure Setback Sewage System ClusterSubdivision Misc. SPECIFY VARIANCE REQUESTED y'2/ttAZcZ^O^ ^ XcLO ' ' ' ■ ^ J So, 5''-/i 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. cZoOd SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) g/9. Pikt- &-e-P Sy/ dcAfS'--5|<sAprils, 2000 Page 8 "533ciju^ ^■^fj 03^0 Si-1 5A5 53t</ 5j>~5cLt-i-f- 5?^ 5'57A3 JA(^no '00/55953,1 5 665a6S/a1c5j^ 535 ctu^510 MMAccepted By Land & Resource L &'R 0/ficial/Dat y'/nV- y>- ^500 TimeDate Of Hearing Motion Corrine Thom and Irene Arends - Approved with condition. Motion was made by Les Estes, second by Steve Schierer and unanimously carried, to approve enclosing a 12’ by 20’ portion of an existing 12’ by 36’ deck with the condition that before a site permit can be issued the existing boathouse must be removed. Even though the area proposed for enclosure is ahead of the string line the members of the Board of Adjustment felt that requiring the removal of the boathouse was a good tradeoff or compromise for the variance as requested because the area proposed for enclosure is already enclosed and the applicant would only be changing the type of enclosure and its use. It was noted that the existing enclosure is .already ahead of the string line and the view from the neighboring properties will not be significantly affected by , changing theitype of enclosure. It was also noted that changing the use or purpose by altering a structure requires a site permit, which the office could not grant because the applicants’ proposal is ahead of the existing string line: rairman/Qtter Tail C^nty Board of Adjustment PermiUB) required from Land & Resource Management \jT Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota y ' May 4, 2000 Page 6 Charles L. Babcock - Approved as requested. Charles L. Babcock, Lehigh Acres, FL, requested a variance of 10’ from the required side lot line setback of 10’ for the installation of a drain field 0’ from the side lot line. The property is described as Lots G and H of Government Lot 6, Section 2 of St. Olaf Township by Long Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by David Holmgren and carried with Rod Boyer abstaining, to approve a variance of 10’ from the required side lot line setback of 10’ for the installation of a drain field 0’ from the side lot line. It was noted that this is perhaps the best and only location for the drain field and that its placement in the proposed location will provide adequate space for maintenance and will not adversely affect the adjacent property. Hardship is the terrain of the applicant’s property. J. Bruce Larson - Appeal Application - Tabled. Mr. Larson’s appeal of an administrative decision was discussed. Mr. Larson explained why in his opinion the proposed structure should be classified as an ag use structure. He addressed his intended use of the structure and the relative location of the parcel where the proposed structure would be placed with the location of his farm property. Mr. Kalar, Land and Resource Director, addressed the decision and spoke to how the decision was made to classify the proposed structure as a non-ag use structure. Mr. Kalar noted that generally the use of the property where the structure is being placed determines the structure classification. In this instance the property where the proposed structure is being placed is residential in nature. After discussion and consideration, motion was made by Steve Schierer, second by Mark Steuart and unanimously carried, to table action on the appeal application until the June 1, 2000 meeting so that the members of the board could have an opportunity to view the property in question before ruling on the appeal. Norman and Verna Peterson - Discussion of Condition No. 2. Gordon Hanneman , Donald Nelson and Gregory Kugler, Friberg Town Board Members, appeared at the hearing this evening to request removal of condition number two placed on the Norman and Verna Peterson variance approval of April 13, 2000. The Town Board Members presented a letter from their attorney advising the Board of Adjustment that Friberg Township has no zoning or regulatory authority within the designated shoreland area, therefore, asking Friberg Township to approve of the variance as requested is not appropriate and the condition should be lifted. The three members of the Town Board were asked their opinion of the Peterson request. As neighbors they did not have a problem with the request. After additional discussion and consideration, motion was made by Cecil Femling, second by David Holmgren and carried, with Mark Steuart voting no and with Rod Boyer and Steve Schierer abstaining, to remove condition number two from the Board's action of April 13, 2000 as it relates to the Norman and Verna Peterson variance hearing. Corrine Thom and Irene Arends - Rescind Action of April 6, 2000. Corrine Thom and Irene Arends have requested that the Board of Adjustment rescind the variance, which was approved on April 6, 2000 and allow them to withdraw their request. They have reviewed the variance as approved and do not wish to have the approval with its condition. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to acknowledge and accept the request of Corrine Thom and Irene Arends and to rescind the action of April 6, 2000 and accept the withdrawal of the applicants’ variance application. With no further business Chairman Mann declared the meeting adjourned at 10:00 p.m. Wayne Stafw Secretary ' April 6, 2000 Page 4 Richard Palubicki - Denied Richard Palubicki, Perham, MN, requested a variance “in setback requirements to build a home on property I own in Dead Lake Township. I bought this property this past year for the purpose of building a home in this location. At the time I was not aware of any restrictions as to where I could build on my property. I intended to build in the center of the property (240 acres). My property extends for approximately 1000 feet in every direction from my building location. Without knowing there were restrictions to where I could build, I dug the basement for my future home. Because of the great distance from the site to the actual lake, over 100 feet of rushes from high water mark to lake. These seem to be more than adequate natural filtering systems.” From the applicant’s drawing it appears that the proposed dwelling will be 212’ from the lake and 112’ feet from the rushes. The property is described as the West Half of the Northeast Quarter and the Northwest Quarter, Section 21 of Dead Lake Township by an unnamed lake. A letter from Terrence Lejcher, Area Hydrologist with the Department of Natural Resources, opposing the applicant’s request was read for the record. Mr. Lejcher noted that substantial work had been done without proper permits, adequate room exists for development that would not require a variance from the required setbacks, granting a variance would establish a precedence and there is no hardship to justify granting the variance as required by Minnesota Statutes 394.27 Subdivision 7. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Les Estes and unanimously carried, to deny the variance as requested noting the following: 1. the letter received from the Department of Natural Resources, 2. the proposed structure would be visible from the lake, 3. the fact that the applicant has a large parcel with other sites available that would meet the required setbacks, and 4. no adequate hardship had been shown that would allow for the granting of the variance as requested. Corrine Thom and Irene Arends - Approved with condition. Corrine Thom and Irene Arends, Brooklyn Park, MN, requested a variance to enclose a 12’ by 20’ area of an existing 12’ by 36’ deck. A portion of the addition (East Side) will exceed string line. Structure will be approximately 50.5’ from the rip-rap on shoreline. The property is described as Lot 10, Block 1, Pikes Beach, Tamarac Lake in Scambler Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Les Estes, second by Steve Schierer and unanimously carried, to approve enclosing a 12’ by 20’ portion of an existing 12’ by 36’ deck with the condition that before a site permit can be issued the existing boathouse must be removed. Even though the area proposed for enclosure is ahead of the string line the members of the Board of Adjustment felt that requiring the removal of the boathouse was a good tradeoff or compromise for the variance as requested because the area proposed for enclosure is already enclosed and the applicant would only be changing the type of enclosure and its use. It was noted that the existing enclosure is already ahead of the string line and the view from the neighboring properties will not be significantly affected by changing the type of enclosure. It was also noted that changing the use or purpose by altering a structure requires a site permit, which the office could not grant because the applicants’ proposal is ahead of the existing string line. .grid(s) equals ~f hr ee^- Scale: O feet, or jnch(es) equals feet m" » i fldViOiO Ij/t-py)h.s*. ^00 nMarcSignature DatedII1 ~ ^ 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, sideyard, sewage system, top of bluff and existing structures. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) .UI.9D.9?, IQ X 100 =%rr Total Impervious Surface Onsite (FT2) Total Lot Area (FT2) 4- 4- Proip05ci\: ' ,, tnclosurc of {Kfdc. Sfdeo cfcXvstinc:| impeiruioiAs jur-focc oheg ) on Scaie<-T lax^^uahicK-^oer is rio^i €051“ e-ffectji/e, IgqsI wasPefaPooci rnrsf vJorkoVjie -ror’5umoier u)orV;room^ md rsH' reason sfcracte. Prc?I loWf ooi chatta^. e^nstino \n^:parv'i6U43 sur-fh^-c^andl \jo\\{ got cnanae di^tqoce fVoaj uje.tl N CICkVi baring ^Tfuc^ures boVh sides,ore not set oi\ TounciaTrons .View line^uJi K noT" be ai+cre-d. +! +r r ■ -^4- r ; 7 • ‘ • • 5 1-------7 ’i- r I4-70' tote -rr . T ^'-T3 a3—. -f-rt-’---"I af-\T •i 4->0;+i O o't *■r V'-O to;Pro posed Enclosure N -f -1t!i : *^4 i■ ^Fl1\ 'ts 1(Xt— )111^'. I ii.I -1' ;1 c3-ft i-i U44-t t ' rr-r r'T 1t 1-----;4-L +--M—- -t' t 4 ?KT b -t- T-*- -r ■t 4 •t- I- - -t- •f ! i :T ^T One ^r/cl- ifeoi i 4- + ■r r believe "!’K\,5 mlornna ri/u/iv Qfcb^.-2dOO no+■fion "bo be raie. Any Varfablaccu e \sby indent.t T 1t ++4-t-* 1-T JI 4-1 ^-296.179 • Victor Lundeon Cd-primers • Fwgus Fails. MN • 1-800-3404870BK — 0599 — 029 rrn ;1 1 Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern; Corrine Thom and Irene Arends 8921 Glen Edin Ln Brooklyn Park, MN 55443 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, April 6, 2000, 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 Lot 10, Block 1, Pike’s Beach Fire# 7330 Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD The variance requested is; a variance to enclose a 12’ by 20’ area of an existing 12’ by 36’ deck. A portion of the addition (East Side) will exceed stringline. Structure will be approximately 50.5’ from the rip-rap on shoreline. uL^o izi —Board pfAdjustment Secretary Date: March 17, 2000 Jlih ti) il 4diiduitl dL •(M/I'M 1 4i) tkl c/y/y\ i(uJL Mm>< 0/-rA£.:u qc4cf:) 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 20th, day of March, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Corrine Thom and Irene Arends, 8921 Glen Edin LN, Brooklyn Park, MN 55443 Vicki Nettestad, Tamarac Lake Assoc., 514 8'*' St. E., West Fargo, ND 58078 James Anderson, Scambler Twp Clerk, RR 2 Box 313, Pelican Rapids, MN 56572 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Fails, 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 Leslie Estes, Box 358, Battle Lake, MN 56515 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 attachment. Dated: March 20th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud RONALD' J .RHEAULT BERNADEEN BFiUTLAG•* .• ^ • 219 PARK DR HARWOOD, ND 701 UNION AVE S FERGUS FALLS, NN58042-4003 58537-2712 DELBERT & GLORIA BOYLE JR TERESA A OLIVIERI RR 2 BOX 321 PELICAN RAPIDS, MN RR 2 BOX 327 PELICAN RAPIDS, MN^8572-9440 58572-9440 RONALD K ZIMMERMAN ET AL GERALD J HEFFNER 11 1ST AVE NE PO BOX 530 DILWORTH, MN 56529-0530 PO BOX 173 DAYTON, MT 59914-0173 ERIC J & EVELYN M BUTCHER CLAYTON JR RUNCK ET AL 221 FOREST AVE FARGO, ND 53102-165©3730 163RD AVE SE HAPLETON, UD 56059 CLAYTON E TEIGEN ANDREW ZELLER ATTN MONROE SIEBELS PO BOX 291 HILLSBORO, ND 53045-0291 913 20TH ST N MOORHEAD, MN 56560-1339 r CORRINE M THOM & IR'ENE ABENDS v7Q¥ NIELSEN ET ALAttaj eTAw l e y a . Q>orns>7A d 5310 /^STH Me S£ l/vke mll/a/o ,m/0 3921 GLEN ELIN LN BROOKLYN PARK, MN 55443-1705 DAVID A NESS THOMAS A BURTON 2505 16TH AVE S MINNEAPOLIS, MN 1320 2ND AVE G MOORHEAD, MN 56560-221555404-3907 HARVEY £ NORMA R JENSEN WILLIAM J & KATHLEEN E 1607 13TH ST S M OOR H EA D, MN 56560-4 710 1606 5TH ST N FARGO, ND 58102 SPENCER D HAGEN ET AL MARGARET M UNEIlL RR 2 BOX 319 PELICAN RAPIDS, MN 1320 2HD AVE S MOORHEAD, MN 56560-294256572-9440