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HomeMy WebLinkAbout25000050031000_Variances_06-05-2003OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 930^40 this instrument #_______ was fiied/recorded in this office for record on the _L/—^ 2003 atHiJ5^rp/pm . Metpalf^Cp^nty Jf^corder 930340 Wen by:JecoTtSingf^ weil certificate ^4(2- 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 l5LM!Sjih23-ni V%// DAYTIME PHONE . Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted by / Date PROPERTY OWNER MAILING ADDRESS Otli LAKE NAME QS>^&vr LAKE CLASS TOWNSHIP RANGE A\ TOWNSHIP NAME LAKE NUMBER SECTION ^ ADDRESS PARCEL NUMBER ^3C:::>OOOi'5>OCD^\OOC3 Deeded acres 36.53LEGAL DESCRIPTION Plat: Sect 05 133 040PT GL 5 & PT GL 6 COM Wl/4 COR SEC 5 S 25 DEG E 1491' T0..v LotTwnshp Range TYPE OF VARIANCE REQUESTED (Please Check) Subdivision Cluster Misc.Structure Size Sewage SystemStructure Setback SPECIFY VARIANCE REQUESTED A.\ve_ VNf-\cx_Q -VoNoe. o-fh cx^ ArVctc^ \<5, ^^Ot>eA<v-vxAo-<' ^ -VtD “VoAV ov ^\vvcor\C-^e. ”We_ vOOorNcxvMtt^AVv-C- V-VO^V" eiVvOvc^-VWi^tCcxA. <^VXv,e. vrecvw.y'-e-^ \=,o cor«<=_- oVk-av Vjv^-VW-*- W\e.-\ov\c.oA. -vV<s- 'rt2c^«k w . CP^^cA.-i. 3 '’ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCeSUBDIVISION 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. SIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) MCZ, fto^-OOO - ' Jo -OO^ 3-0 - ^(■0-00 /jU>-rJl ^ C/yi rc■y I j A■^' !i A - Ui_0 / .C\. .i r •V, 1^: r 'a 0^C U<f^ 6 'c '0 / /o?.Jl, //■^3 / /TimeDate Of Hearing .P /^' /^/n^C)03il5Motion Jon B Swarts - Approved with condition. (8:15 p.m.) May Meeting -The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, with the permission of the applicant, to table this variance application hearing until the June 5, 2003 Board of Adjustment meeting for a review of other possible alternatives. June Meeting - After discussion and consideration, motion was made by Paul Larson, second by Steve Schierer and carried with Joe Maske abstaining, to declared the 3.9 acre parcel a buildable lot with the condition that a parcel containing at least 150’ of shoreline across the dedicated road must be added and permanently attached to the 3.9 acre parcel. Hardship is the terrain and the placement of the dedicated road, which serves the Turner Point plat. : |r7-.p ffman/Otter Tail Counfy^ard of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) <dlU/iNo Copy of Application Mailed to Applicant And the MN DNR ^ (k)'L R Official/Date r; ■ Coi-^niv or Adiust.-nen^ m^QAQ2-QO\ 311,491 • Viclof Lundeen Co., Printers • Fergus Falb, MN • 1-800-346-4870V c.%- LnnJ OcO^-'i'cc Vf--' fCcr.o-sc» '6- Roi'coroo utiunu LLNUm TUKJNliK FUJ45.8586.18 59.54 50.78 62.59 51.41 201.59.221.90 t54.07 17.12 42.98 21.65 I 82.70 42.46 ,1 180.40 98.65 15.21 7.99 27.24 16.25 127.01 69.44 158.19 71.71 v\45.98 25.08 47.55 25.89 85.76 92.29 77.82 59.18 T95.15 48.15 61.77 51.45 'A .90.71 59.54 /j f/>91.78 60.77 N>51.51 27.70 '.Vi '85.80 54.29 +!88.62 57.25I 00 IT) Uj [o cj K)^ Uj (/) Co Cl U.O O irj ty Uj • GOV' T LOT 5 <0 <0 £ S ^ o o />;2:/ S 02'30’50” W 100.87 / O'? I Co I I <ol<0<o I 'Jl I 1 100.87^^ 02'30'50” EC1^: <o Oi k:cj:►-) ID lO u/fT I A»• U t t '•L/1 00 COI • /-> 1 uo Co1 CJ»;^ i f/ 20.00 /7 ' 12" E 555+/-S or 16’ 12" E\/70.41■52 ^47+/-149.98158.12219.67 I -.*coQo / Oi C. N«CO OTTER TAIL COUNTY www.co.otter-tail.nin.us OFFICE OF THE COUNTY AUDITOR 121 JUNIUS AVE W. E-Mail wstein@co.ottertail.mn.us OTTER TAIL COUNTY COURTHOUSE FERGUS FALLS, MN 56537 _____________________(218) 998-8041 May 16, 2003 Jon B. Swartz 27080 County Highway 83 Battle Lake, MN 56515 Dear Mr. Swartz, Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for Thursday, June 5, 2003, in the Otter Tail County Commissioners’ Room of the Otter Tail County Courthouse located at 121 W. Junius Ave., Fergus Falls, MN. Your variance request, which was tabled at the May 8, 2003 Board of Adjustment meeting, has been rescheduled for consideration at the June 5, 2003 meeting. A copy of the June 5, 2003, agenda will be fonwarded to you upon finalization next week. If the date and time of this meeting is not convenient for you, please notify the County Auditor’s office in writing prior to the June 5, 2003, meeting and I will have your request rescheduled for the next available meeting of the Board of Adjustment. If you should have any questions please feel free to contact me. Thank you very much. Sincerely, Wayne Stein County Auditor NDERSON LAND \ SURVEYING, INC President: David A. Anderson, PLS Officers: Glenn E. Howe, PLS, PE • Steven M. Langlie, PLS • James A. Peterson • Lisa M. Rudie May 9, 2003 Mr. Wayne Stein, County Auditor Otter Tail County Courthouse Fergus Falls, MN 56537 RE: JON SWARTZ VARIANCE HEARING Dear Mr. Stein: Mr. Jon Swartz, the applicant for a variance requested on May 8, 2003, waves the 60-day rule for tabling in order to provide more information as requested by the Board of Adjustment. Please feel free to call with any questions or concerns. Sincerely, Anderson Land Surveying, Inc. < James A. Peterson Property Agentt/ JAP:lr CC: Jon Swartz PLEASE REPLY TO; I I 916 Washington Ave. • Detroit Lakes, MN 56501 • (218) 847-0500 • Fax: (218) 844-0501 ♦ survey@eot.com 0^ P.O.Box 125 • 313 S. Mill St. • Fergus Falls, MN 56538-0125 • (218) 739-5268 • Fax: (218) 739-5461 • surveyor@prtel.com Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Jon B. Swarts 27080 County Highway 83 Battle Lake, MN 56515 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, May 8, 2003, at 6:00 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 36.53 acres in Government Lots 5 and 6, E911 Address - 27080 County Highway 83 - the property is to the southwest of address. Section 5, Township 133, Range 41 - Township Name - Everts River No. 56-OTR, River Name - Otter Tail, Class - Agricultural The variance requested is: a variance to subdivide, by metes and bounds description, a 3.9 acre parcel, having water frontage of 117’, from an existing 36.53 acre parcel and a variance to have this proposed lot declared a buildable lot for residential purposes. The minimum size for metes and bounds parcels within the shoreland area is 5 acres and the minimum water frontage is 150’. M)cnyv\e/Sti&iv\/ Board of Adjustment Secretary Date: April 11, 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 14th, day of Aprii, 2003 the attached Notice of Hearing for Variance was duiy served upon the individuals listed below and/or included in the attachment: Jon B. Swarts, 27080 County Highway 83, Battie Lake, MN 56515 Roland Mann, Twp Clerk of Everts, 27234 368'" Ave, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Taii County Highway Engineer, Courthouse, Fergus Faiis, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Faiis, MN 56537 DNR Regionai 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 Roliins Beach Tris, Fergus Faiis, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Linda Bergerud, 613 W. Lakeside Dr., Fergus Faiis, MN 56537 Mark Steuart, 36768 Liiiis Drive, Richviiie, MN 56576-9725 by piacing a true and correct copy thereof in a seaied enveiope, postage prepaid, and depositing the same in the United States Maii at Fergus Faiis, MN, property addressed to each of the individuals listed above and/or iisted in the attachment. Dated: April 14th, 2003 Wayne Stein, Secretary Otter Taii County Board of Adjustment ^ on cl>—By: Vi Manderud JAMES M i 3HAR0M L SCHLEICHER 14<35 BROAD'/IEW AVE CHA3KA, MM 5531S-1705 JQH B SWARTS 270S0 COUMTY HIGH;^AY 62 BATTLE lake, MH 56515-SL29/ LEROY tt i MINDA E ZACHQW 1612 JAMES ST N GUYMOH, OK 73942-2720 CLIFF TURNER 27040 COUMTY HIGHWAY S3 BATTLE LAKE, MM 56515-9129 KEVIN L MELISSA TURNER 2725 AVENUE H COUNCIL BLUFFS, IA 5I5WI-0S33 ALVIN i SUSAN JOHNSON I2510 97TH ST SE BECKER, «N 55210S-S90I DELBERT L & JOYCE C TURNER 702 MAIN ST TENNANT, lA 51574-5016 ACS Tax System 04/14/2003 11:44:34 OTTER TAIL COUNTY TG670RFreeform Image Print COVERPAGE ■k'k'k'k’k'k'k'k-k'k'kic'kic'k'k’k'kic'k’k'k'k'kicic'k-k'k'k'kie-k’kicie-k-k-kieisie'k'k'k'k'k'kic'k'k'k'k'k'k'k-k'k-k'k'k'kic’k'k'kie'k'kie-k'k-k-kic-k-kie-k "k k k k c N E N E N E N E L SON SON SON SON ★ ★ ★k k k k k c L ★ ★ ★★ k c★ ★ ★L ★ ★ ★* ★★ ★ ★C L ★ ★ ★k kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk Report Selection: Freeform Type : U Freeform Number: 61 LABELS Length:6 Width: 35 Multiples: 1 Paper: LBL Select Model: 95 Sort Model: 127 Run Time Changes: N Use Current Taxpayer: YSummarize Keys: N SELECT MODEL 095 SELECT UP TO 300 PARCELS PAYABLE YEAR ROLL TYPES PARCELS 2004 ALL R 25000050030000 R 25000050030001 R 25000050031000 R 25000990638000 R 2500099i‘^^©:©0 R 25000991122000 R 25000991123000 R 25000991124000 SORT MODEL 127 LAND&RESOURCE SORT AS IS Run Instructions: Jobq Banner Copies Form Printer Hold Space L CNELSON LPI Lines CPI 6 066 1001PIYS received 0 2 2003 land & RESOURCE"\r/A urA- \ *\I I »/r—T( * K I r\ IT C. I L^l 'ILJ EAST LINE OFGOV T LOT 5 ^ —TRACT DESCRIBED IN s arsrsyw jjj+/-N 89'51'53''E 336+/-.......NORTHWEST CORNERNORTHEAST CORNER OF LOT 1. BLOCK ONE.OF LOT 4. BLOCK ONE,TURNER POINTTURNER POINT I II I r-niUL.Wwl\L.W I IA k I r> II L. I LJ~\t I L/ I r\-rL.V^ I AMn *f C I L^l tu } +/- v^\ / y\Vw V TANGENT 48.15 39. 18 92.29 23.89 23.08 21.63 17.12 SCALE IN FEET SCALE: 1 INCH = 1 OO FEET BEARINGS ARE BASED ON AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND.I II “T /» l/rvbt M 00 'OJuOmi bl6 03 tMt Awi^ ‘y/Rlo33'c’O I Print Key Output Page 1 06/12/03 16:00:045722SS1 V5R2M0 020719 OTTER Display Device User ....QPADEVOOOQAMARK RCB310M1 RECAP Collection System R 25000050031000Calc thru: 6/12/2003 MP#:Total: EMV 167,100Dist: 2501 TIE Dist: Plat :Sect Inquiry - General Summary (A) ♦STATUSES EXIST *NOTES EXISTR2004 Mod?Taxpayer JON B SWARTS 27080 COUNTY HIGHWAY 83 BATTLE LAKE MN 56515-9129 105088 Deeded acres 36.53LMV104,700 Twnshp Range 133PT GL 5 & PT GL 6 COM Wl/4 COR SEC 5 S 25 DEG E 1491' TO TIMBERLANDS BlockLotAlternate Escrow Prop Address27080 CO HWY 83 BATTLE LAKE MNOriginal 05 040 Subd: NON-HSTDPrior Years Unpaid ♦MORE 56515-Ad j / Chg Unpaid BalTPaymentsNet Tax Special Asmt Tot before P&I Penalty Interest Fees♦ ♦TotalsF2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=CAMA Y=CMP Page # 5 June 5, 2003 Jon B Swarts - Approved with condition. (8:15 p.m.) Jon B Swarts, part of Government Lots 5 and 6, Section 5 of Everts Township by the Otter Tail River, requested a variance to subdivide, by metes and bounds description, a 3.9 acre parcel, having water frontage of 117’, from an existing 36.53 acre parcel and a variance to have this proposed lot declared a buildable lot for residential purposes. The minimum size for metes and bounds parcels within the shoreland area is 5 acres and the minimum water frontage is 150’. Jim Peterson, Surveyor, appeared along with the applicant at the public hearing. May Meeting -The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, with the permission of the applicant, to table this variance application hearing until the June 5, 2003 Board of Adjustment meeting fora review of other possible alternatives. June Meeting - After discussion and consideration, motion was made by Paul Larson, second by Steve Schierer and carried with Joe Maske abstaining, to declared the 3.9 acre parcel a buildable lot with the condition that a parcel containing at least 150’ of shoreline across the dedicated road must be added and permanently attached to the 3.9 acre parcel. Hardship is the terrain and the placement of the dedicated road, which serves the Turner Point plat. Eloise Felton - Approved with condition. (8:30 p.m.) Eloise Felton, part of Government Lot 7, Section 4 of Otter Tail Township by the Otter Tail River, requested a variance of 69’ from the required ordinary high water level setback of 150’ for a 12’ by 16’ addition, 81 ’ from the ordinary high water level. Jon Gundersen represented 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 Randall Mann and unanimously carried to approve a variance of 69’ from the required ordinary high water level setback of 150' for a 12’ by 16’ addition 8T from the ordinary high water level with the condition that before a site permit can be issued for the proposed development the existing boathouse must be removed. It was noted that the proposed development would be no closer to the ordinary high water level than the existing structure. Hardship is a substandard lot of record. With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:36 p.m. Wayne S(ein,, Secretary rage » j Jon B Swarts - Tabled. (7:02 p.m.) Jon B Swarts, part of Government Lots 5 and 6, Section 5 of Everts Township by the Otter Tail River, requested a variance to subdivide, by metes and bounds description, a 3.9 acre parcel, having water frontage of 117’, from an existing 36.53 acre parcel and a variance to have this proposed lot declared a buildable lot for residential purposes. The minimum size for metes and bounds parcels within the shoreland area is 5 acres and the minimum water frontage is 150’. Jim Peterson, Surveyor, appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, with the permission of the applicant, to table this variance application hearing until the June 5, 2003 Board of Adjustment meeting for a review of other possible alternatives. Steve Jensen - Denied. (7:26 p.m.) Steve Jensen, part of Government Lot 4, Section 28 of Amor Township by Otter Tail Lake, requested a variance to subdivide a 6.44 acre tract, by metes and bounds description, into two parcels. One parcel would have 2.5 acres and the other parcel would have 3.94 acres. The minimum size for a metes and bounds parcel within the shoreland area is 5 acres. The applicant has noted that the proposed parcels do meet the minimum size requirements for platted lots. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Cecil Femling, second by Mark Steuart and carried with Steve Schierer abstaining, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and it might be possible to plat the property by acquiring a very small portion of land from the adjacent property owners. Richard and Judith Dykhoff - Approved as requested. (7:31 p.m.) Richard and Judith Dykhoff. Lots 13 and 14, St. Lawrence Beach, Rush Lake in Rush Lake Township, requested a variance to move an existing garage to a new location as shown on the drawing filed with the application. From the drawing it would appear that the existing garage is 37.5’ from the ordinary high water level and that the proposed location will be 39' from the ordinary high water level. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Cecil Femling, second by Rod Boyer and unanimously carried, to approve a variance of 36’ from the required ordinary high water level setback of 75’ for the placement of a proposed 24' by 30’ garage 39’ from the ordinary high water level as depicted in the drawing submitted with the variance application. Hardship is a substandard lot of record. Linda and Gary Olson - Denied as requested. Approved as modified with conditions. (7:34 p.m.) Linda and Gary Olson, Lot 4, Block 1, Pischke and Taylor Addition, Spitzer Lake in Leaf Mountain Township, requested variances of 144’ and 158’ from the required ordinary high water level setback of 200’ for the construction of a 224 square foot addition 42’ from the ordinary high water level and for the construction of 750 square foot garage addition 56' from the ordinary high water level. The audience was polled with Terry Lejcher providing information regarding the ordinary high water level of Spitzer Lake. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to deny the variance as requested and to approve a 300 square foot (living space) addition and a 750 square foot garage being no closer to the ordinary high water level than the road side wall of the existing (approximately 22' by 29') dwelling with the condition that an existing shed located down by the water must be removed before any permits for the approved development can be issued and with the condition that all other requirements (setbacks and impervious surface) of the Shoreland Management Ordinance must be met. It should be clearly understood that the development as approved does not directly or indirectly grant any variances from the road right-of-way, the side lot lines, the septic system or the impervious surface coverage. The applicant must meet these requirements. Hardship is a substandard lot of record. Tl ■ ».1J i V •A. 1 I t ! f 1 ii it IfI ? I :?• > ! I i i i ! i r f. i f 'I I ‘ ! a o 03CNI>oS <N o2oO)a 001^ o9 I KQd 2c/3Ld Q ^ a:o >-n 2na ro O O)a <S <o Q X^ 2 r>E-.o23Qao a,UJ 2 a (D Q oOK s ^CL U Lua o) C o) ocnO) I<N CNCMPOlCNCN Q CDSO (N ou ! SHEET 2 OF 2 SHEETS