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HomeMy WebLinkAbout56000990346000_Variances_04-02-1998Variances Barcode 128 Offir* of County Recorder CGLKity of Otter Tail I t>*ieby cKtiv thst ti» vsitiin iristmment was filed fcr xceord ji U?s office on fhe M_____.day of ■ (Xpri\ A.D atU'^M and vlos ffiity l^icrofilrrad i> 0oci_Z5£5b,i254 0 C6an»y R&oortfsr Drjstv 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 **« Application Fee $60.00 Receipt Number PROPERTY OWNER Buffington, David L.DAYTIME PHONE 507-825-3114 (w) ADDRESS P.O. Box 422, Pipestone, MN 56164 Star Lake LAKE NUMBER 56-385LAKE NAME GDLAKE CLASS SECTION 3 TOWNSHIP 135 RANGE 41 TOWNSHIP NAME Star Lake T? 5~y Z-FIRE NUMBER OR LAKE I.D. NUMBER LEGAL DESCRIPTION Lots 1, 2 and part 3, Block 1, Peach's Shady Shore Subdivision. TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback_^ Structure Size____Sewage System____ Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED A 16-foot variance from the 75-foot structure setback from the ordinary high water level, to permit the addition of a 12-foot by 28-foot four- season porch onto a cabin which is oriented to and faces the water's edge approximately 125-feet to the north, but which will have one corner approximately 59 feet from the water's edge of a small bay which juts in from the east, and second story walkout. This addition will replace an existing 9'xl6' deck 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 AUSO\UNDERS CONTACT land & RtSC T^AT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CE management regarding THIS MATTER. / 2. ^// • DATE iv- SIGNATURE QF\PRl)PERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) p lot /f3^1-:April 2,1998 Page 12 - OCx Spf^ 5 66 - c2^ ^ <3 66 - i:/'oVyilc C P /l-WO >‘7 - ’ IP ^0<P\ <P{/ ■ oc Accepted By Land & Resource p£> JI}^hI L & R Official/Date V-;i. 9^d JoTimeDate Of Hearing Motion Motion was made by John Everts, seconded by Craig Anderson and fail to carry with Cecil Femling, Randall Mann and Leona Zimmerman voting no, to approve the variance as requested noting that the proposed addition will be well behind the minimum setback from the ordinary high water level as it relates to the front of the dwelling, no visual obstructions will be created by this addition as there is a resort on the west side and the dwelling to the east is already closer and the unique shape of the applicant’s property with the condition that no additional structures ahead of the building line will be permit in the future. Hardship is a substandard lot of record. After additional discussion and consideration, motion was made by Craig Anderson, seconded by Randall Mann, and carried with John Everts voting no, to deny the variance as requested as no adequate hardship had been shown. Chairman/Otter Tail County Board of Adjustment Permitfs) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR C R Official/! bk 0797-001 287.383 * Victor Lundaen Co . Pnrtiars * Pargus Palls. Minnesota April 2,1998 Page 2 The following variance requests were heard: Vivian Kugler - Vivian Kugler, Erhard, MN, requested a variance of 50' from the required ordinary high water level setback of 200’ for the location of a building site 150’ from the ordinary high water level. The property is described as a 71.95-acre tract in Government Lots 6 and 7, Section 15 of Friberg Township by Evans Lake. The audience was polled with Duane Mavis, Friberg Town Clerk, stating that the township had no objections to the variance as requested. Randall Mann stated that he would abstain from any action considered by the board because he is related to the applicant. After much discussion and consideration, the applioant requested permission to withdraw her variance application. The Board of Adjustment acknowledged and accepted this request. It was noted that if this variance were granted in would establish a precedence for this 71.95 acre tract and it is not the practice of the Board of Adjustment to vary the high water level setback for dwellings constructed in areas of new development. Newly created subdivisions should consider and meet the requirements of the existing ordinances and should not need variances for development. David L. Buffington - Denied David L. Buffington, Pipestone, MN, requested a variance of 20’ from the required ordinary high water level setback of 75’ for the addition of a 12’ by 28’ four season porch onto an existing cabin, which is oriented to and faces the water’s edge approximately 125’ to the north, but which will have one corner approximately 55’ from the water’s edge of a small bay. The property is described as all of Lots 1 and 2, and part of Lot 3, Block 1, Peach’s Shady Shore Subdivision, Star Lake in Star Lake Township. The audience was polled with no one speaking for or against the request. Letters in support of the request from B.C. Pederson and Ronald Bina were read for the record. After consideration, motion was made by John Everts, seconded by Craig Anderson and fail to carry with Cecil Femling, Randall Mann and Leona Zimmerman voting no, to approve the variance as requested noting that the proposed addition will be well behind the minimum setback from the ordinary high water level as it relates to the front of the dwelling, no visual obstructions will be created by this addition as there is a resort on the west side and the dwelling to the east is already closer and the unique shape of the applicant’s property with the condition that no additional structures ahead of the building line will be permit in the future. Hardship is a substandard lot of record. After additional discussion and consideration, motion was made by Craig Anderson, seconded by Randall Mann, and carried with John Everts voting no, to deny the variance as requested as no adequate hardship had been shown. Viona M. Trautman - Tabled Viona M. Trautman, Fargo, ND requested a variance of 3 to 5.87’ from the required side lot line setback of 10’ and a variance of 30’ from the required ordinary high water level setback of 75’ for the removal of an attached shed at the southwest corner of the existing dwelling, for the construction of a 16’ by 18’ addition having a block foundation, for the installation of a wood deck along the east side of the new addition and along the south side of the existing dwelling and for the placement of a pre-built shed in the northwest corner. The proposed 16’ by 18’ addition will be 4.13’ from the side lot line at it closest point and the pre-built shed will be 7’ from the side lot line at it closest point and approximately 45’ from the ordinary high water level. The property is described as Lot 3, Provan Beach, Pelican Lake in Dunn “Township. Curtis Trautman represented the applicant at the public meeting. The audience was polled with no one speaking for or against the request. 1 OH'p(^f><7seo 4- Se-Ks PY\ST &-7 : •'%-■ii >'*"'.i»'^'' ;■= * "K /H '^11^7*^ 0 (Wi^^I I i;gB 1 i no ? & jlf\U^/\P 'c^'-er n 15? -c?nS>mz^ V 'K ' lew <?Vr ^ ih i(T km- n i^) Ki^ ^ ■'* .,2V » ,-*» .T: .jV - - / / ir,GRID PLOT PLAN feet SKETCHING FORM / ■ feet, or (es) equals.grid(s) equalsScale: Dated:. 19 Signature Please sketch your lot indicating setbacks from road right-of-way, lake, sideyard and septic tank and drain- field for each building currently on lot and any proposed structures._______ ) \S.<{ r •— I Ii|ey/STii/c 0 5?l li? Hi' Hi' to' T^v^lC. N/ 281.949 • Victor Lundeen Co. Printers • Fergus Falls, MN • 1-800-346-4870MKL —0871 —029 o NA PEMBERTON, SORLIE, SEFKOW, RUFER & KERSHNER, P.L.L.P. ATTORNEYS AND COUNSELORS AT LAW RICHARD L PCMBERTON* OSCAR J SORLIE, JR * ♦++ STEPHEN F RUFER* ROBERT J SEFKOW*** + H MORRISON KERSHNER* +♦ ROBERT W BIGWOOD MICHAEL T RENGEL* CORENIA A KOLLASCH WALZ** KENT D. MATTSON OFFICES ALSO FIRST NATIONAL BANK OF HENNING HENNING, MN - THURSDAY 1-3 TELEPHONE: (218) 583-2933 LAW OFFICE BUILDING 110 NORTH MILL STREET P O. BOX 866 FERGUS FALLS, MINNESOTA 56538 0866 TELEPHONE: (218) 736-5493 FAX: (218) 736-3950 NORWEST BANK MINNESOTA WEST, N.A. ROTHSAY, MN - TUESDAY A.M. TELEPHONE: (218) 867-2121 Lan(3 and Resource Management Office Otter Tail County Courthouse Fergus Falls, MN 56537 February 24, 1998 David and Beverly Buffington Our File No. 97-7182 IN RE: Thank you for discussing the Buffington matter with Enclosed is a deed, variance application and placing the matter on the March 26 hearing schedule. The Buffingtons understand that a site permit to build the garage cannot be issued until the deed is recorded and the deed cannot be recorded until the 1998 taxes are paid. me.I understand you will be accepting the If you have questions or require anything further, please contact me. Robert W. BigwoodJ s^ Enclosure Mr. and Mrs. David L. Buffingtoncc: *ALSO LICENSED IN NORTH DAKOTA **SOUTH DAKOTA ***WlSCONSIN ♦CIVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION ♦♦REAL PROPERTY LAW SPEOALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION ♦♦♦CIVIL TRIAL SPECIAUST CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND MINNESOTA STATE BAR ASSOCIATION • January 8, 1998 Page 2 The following variance requests were heard: Bruce Pederson - Approved Bruce Pederson, Dent, MN, requested a variance to subdivide a tract, having 30' of width at the road right-of-way and tapering to a width of 0’ at the ordinary high water level, from Lot 3, Peaches Shady Shores, for the purpose of permanently attaching the tract to Lots 1 and 2, Peaches Shady Shores. The property is described as Lots 1, 2, 3, 4, 5 and part of Lot 6, Peaches Shady Shores, Star Lake in Star Lake Township. David Buffington, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration motion was made by Cecil Femling, seconded by Randall Mann and unanimously carried, to approve a variance to subdivide a tract, having 30' of width at the road right-of-way and tapering to a width of O' at the ordinary high water level, from Lot 3, Peaches Shady Shores, for the purpose of permanently attaching the tract to Lots 1 and 2, Peaches Shady Shores. It was noted that Lots 1 and 2 will be enhanced without adversely affecting Lots 3, 4, 5 and that part of Lot 6 presently owned by Bruce Pederson. Brenda Minge - Approved Brenda Minge, Frazee, MN, requested a variance of 8' from the 18' maximum height of a non-dwelling structure for the construction of an addition to an existing building having a height of 26'. The property is described as part of Government Lot 8, Section 8 of Hobart Township by Rose Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Randall Mann and unanimously carried, to approve a variance of 8' from the 18' maximum height of a non-dwelling structure for the construction of an addition to an existing building having a second story and an overall height of 26'. It should be noted that the addition would be no closer to the ordinary high water level than the existing structure and that the additional height will not obstruct the view of the adjacent property owners. It was also noted that the Planning Commission, subject to the action of the Board of Adjustment, had approved a conditional use permit. Duane W. Matz - Approved Duane W. Matz, Et. Al., Maple Grove, MN, requested a variance of 127' from the required ordinary high water level setback of 200' for the location of a building site 73' from the ordinary high water level or approximately 185' from the open water of Nitchie Lake. The property is described as Government Lot 6 and Government Lots 1,2 and 5 East of the Road, Section 9 of Pine Lake Township by Nitchie Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by George Walter and unanimously carried, to approve a variance of 100' from the required ordinary high water level setback of 200' for the location of a building site 100' from the ordinary high water level or approximately 212' from the open water of Nitchie Lake. The granting of this amended variance will keep the structure out of the shore impact zone. Hardship is the topography of the applicant's property. The granting of the amended variance will provide a good building site and will provide a reasonable use of the applicant's property.