The URL can be used to link to this page

Home My WebLink About55000990547000_Variances_04-11-2009OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 1.058249 this instrument # 1058249 was filed/recorded in this office for recoj'd on the_(4^ day of at [anypm Metcalf, County /RecWend T byd ^^^uty UL>.CO rroording fee weil certificati B 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 o o3 7o -Application Fee Am 7ol-38^~ COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date CRa C i- CarUa/E LftRSorJ%DAYTIME PHONEPROPERTY OWNER \H-lkZ Si. S./V?rVMAILING ADDRESS I ‘T^YV^/ve>ACS4,-s?i _LAKE CLASSLAKE NUMBER LAKE NAME 23 I 39 RANGE 4-3 TOWNSHIP NAMESECTIONTOWNSHIP PARCEL NUMBER E-911 ADDRESSR SSOOQ 9^0S'4-7ooo 4-8 4-qf fil^e BcacK LEGAL DESCRIPTION eUc I o9 P.keJ- Bo>ch)Lo+ 3/ TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X Structure Size Misc.Sewage System Subdivision Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. fhopoSi'rJq 4kL €ic\s)->-0 ir f^o'. Sirx-^ pi^l(,X^ ^O-t. TU.«_ Otfbs/d,. u/^4L cv 4-2 X ^ D W"/ 1-v^'V' Tk-t rcGLUi/Vo| IT-1I UJ' ( ^ 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 & RESOUFTCE MANAGEMENI/hEGARDING THIS MATTER. 4-lillo‘t DATEIGNATURE BF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) fra.¥Date Of Hearing Jao?Time Motion Craig and Carlene Larson - Approved the variance application as requested. (4:32 p.m.) After consideration and discussion, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested for the proposed development as described in the application dated April 11, 2009 and as depicted on the drawings submitted with the application. It should be noted that the attached garage will be within the 42’ by 40’ dimensions of the proposed structure. Hardship/practical difficulty is the lake on two side of the applicants’ property. It was also noted that the proposed development is behind the building line. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 4, 2009 The Otter Tail County Board of Adjustment met Thursday, June 4, 2009, with the following persons in attendance: Paul Larson ' Steve Schierer Bill Kalar, Director-Land and.Resource Management Mark Ronning, Land and Resource Management David Hauser, County Attorney Chris Stuber, Assistant County Attorney Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 4:00 p.m. Stadsvold Update - Michael Harris Randall Mann Thomas Lee David Hauser, Otter Tail County Attorney and Bill Kalar, Director of the Land and Resource Department provided an update regarding the Cyril and Cynara Stadsvold appeal. The denial of the Stadsvold’s variance application had been appealed to the Supreme Court, The Supreme Court remanded the application back to the Board of Adjustment for further hearing and decision. At the rehearing the Board of Adjustment granted the variance request in part and denied the balance of the variance request. The Board of Adjustment’s decision can be found in the Novembers, 2008 minutes. On December 3, 2008 Cyril and Cynara Stadsvold appealed the Board of Adjustment’s November 6, 2008 decision. Mr. Hauser presented a stipulation for discussion and consideration by the members of the Board of Adjustment. The stipulation is an attempt to resolve the several issues on appeal. If all parties can agree to the . stipulation then the Court would issue an order and judgment stating the items as found on Page 3 of the proposed stipulation. After discussion and consideration, the members of the Board of Adjustment indicated that they were not in support of the stipulation as presented and indicated that the appeal should proceed through the court process. Wetland Conservation Act Appeals - David Hauser, Otter Tail County Attorney and Bill Kalar, Director of the Land and Resource Department discussed briefly the Wetland Conservation Act appeals process. After discussion and consideration, the Board of Adjustment, by general consensus, agreed to accept, if so delegated by the Otter Tail County Board of Commissioners, the responsibility to hear and make decisions regarding wetland conservation act appeals. Minutes Approved - The Board of Adjustment approved the minutes of the May 7, -2009 meeting as mailed. The Board of Adjustment considered the following applications for variance: Craig and Cariene Larson - Approved the variance application as requested. (4:32 p.m.) Craig and Cariene Larson, Lot 31 Block 1 of Pikes Beach, Tamarac Lake in Scambler Township, requested the following; Proposing to replace the existing cabin with a 42’ by 40’ dwelling, with attached garage, requesting a variance of 4T from the ordinary high water level on roadside. Dwelling will be 59’ from the ordinary high water level, the required setback is 100'. The front side of dwelling will meet the building line and be 50’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested for the proposed development as described in the application dated April 11,2009 and as depicted on the drawings submitted with the application. It should be noted that the attached garage will be within the 42’ by 40’ dimensions of the proposed structure. Hardship/practical difficulty is the lake on two side of the applicants’ property. It was also noted that the proposed development is behind the building line. Stuart C. and Susan J. Seaborn - Approved the variance application as requested. (4:38 p.m.) Stuart G. and Susan J. Seaborn, Lot 14 of Fawn Oaks Development, Big McDonald Lake in Edna Township, requested a variance to place drain field 17.5’ into the road right-of-way and a variance of 10’ from the required lot line setback of 10' for the placement of the remaining 10’ of the drain field 0’ from the lot line. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested for installation of a drain field as depicted on the designer’s plan submitted with the application. It was noted that Edna Township has granted the applicants permission to install the drain field into the township’s road right-of-way. \ 1. (sUkc) I": li.i' V/?*/0? » IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): £Ft2Deck(s): Ft2Driveway(s): / Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): / Ft2Landscaping: (Plastic Barrier) Other:£Ft2 Ft2TOTAL IMPERVIOUS SURFACE: IO.I09 Ft2LOT AREA: /^03^001^)0/o, Jo 1 XIOOs .% LOT AREA IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE Notice of Hearing for Variance Otter Tail County Government Services Center 5.10 Fir AveW Fergus Fails, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Appiicant and/or appiicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Craig and Carlene Larson 14762 110"' StS. Barnesville, MN 56514 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, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, June 4, 2009 at 4:30 p.m., in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) 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 31 Biock 1, Pikes Beach, Property Address - 48494 Pike Beach Road Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD The variance requested is - the following: Proposing to replace the existing cabin with a 42’ by 40' dwelling, with attached garage, requesting a variance of 41’ from the ordinary high water level on roadside. Dwelling will be 59’ from the ordinary high water level, the required setback is 100’. The front side of dwelling will meet the building line and be 50’ from the ordinary high water level. 'Wayne Stein Board of Adjustment Secretary Date: May 14, 2009 FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.: Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1. Will the request have an adverse effect on government services? Why or why not?2. Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Why or why not? 3. Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this factor) Why or why not? 4. How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5. Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6. Does existing sewage treatment need upgrading?7. Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?8. In light of all of the above factors, would denying a variance serve the interests of justice? Why or why not? The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted. 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 15th, day of May, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Craig & Carlene Larson, 14762 110*'^ St. S., Barnesville, MN 56514-9128 Tamarac Lake Assoc., % David Nudell, 20066 Tamarac Rd, Pelican Rapids, MN 56572 Aldie Kelsven, Twp Clerk of Scambler, PO Box 430, Pelican Rapids, MN 56572 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 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. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 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 15th, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud 'Vf MITCHELL F & AUDREY A BERGERON 3202 16TH AVE S FARGO ND 58103 4518 BERNADEEN BRUTLAG 701 UNION AVE S FERGUS FALLS MN 56537 2712 CAREN FINANCIAL GRP LLC 1862 FAIRMOUNT DR SAINT PAUL MN 55105 1536 MATTHEW J GLESSNER ET AL 1301 KUSTER CIR GRAND FORKS ND 58201 3900 KNUT & LIV I HORNELAND 8804 KNOLLWOOD DR EDEN PRAIRIE MN 55347 1720 LYLE D & DIANE CHREST 3027 ARLINGTON AVE RIVERSIDE CA 92506 4450 CRAIG & CARLENE LARSON 14762 11OTH STS BARNESVILLE MN 56514 9128 MICHAEL T & LEAH L MANCINI 18402 AVON CT EDEN PRAIRIE MN 55346 2004 LIV I HORNELAND 8804 KNOLLWOOD DR EDEN PRAIRIE MN 55347 1720 SCOTT E ROESLER ET AL 1710 10TH AVEN MOORHEAD MN 56560 1808 CLAYTON JR RUNCK ET AL 3730 163RDAVE SE MAPLETON ND 58059 9760 THOMAS C & VICKI J NETTESTAD 514 8TH STE WEST FARGO ND 58078 2818 DAVID L WILKERSON 333 21 ST STN FARGO ND 58102 4141 CHRISTOPHER B & MARY K SELVIG 48436 PIKE BEACH RD PELICAN RAPIDS MN 56572 7027 RALPH VIALL 2357 158TH AVE SE ARTHUR ND 58006 9631