Loading...
HomeMy WebLinkAbout57000090057004_Variances_05-10-2001S' fO J 881G87• ^ OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 881.GS7 was filed/recorded in this office for record on the L MetK , ^ day of ,2001 atalf, County Recorded ^Wendy by::^^uty— _£_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 Application Fee Si 50 IZZ7^SReceipt Number Leroy and Carol Stine DAYTIME PHONE 21 4-363-2900PROPERTY OWNER 3553 Wentwood Dr., Dallas, Texas 75225ADDRESS LAKE NUMBER 56-448 LAKE NAME Anna Lake NELAKE CLASS 9___TOWNSHIP 1 3 3N RANGE R41W TOWNSHIP NAME SVERDRUPSECTION 57-000090057-902 FIRE/LAKE I.D. NUMBER 26559 31 0th Ave.PARCEL NUMBER Underwood. MNR 57000090057902LEGAL DESCRIPTION 2002 Book/Page PT GL 2 Sc 3 COM NW COR LOT 1 MOBS'S ESTATE, N 72 DEG W 200.2' TO PT BG, S 17 DEG W 159'TO LK, NWLY,NLY,ELY Sc SELY ALG LK 2080N 17 DEG E FR BG, S 17 DEG E 282' TO BG / TO INTSEC LN BEAR TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Y Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED ^ e7^. Q]NNV3S^ 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. / SIGNATU^ OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 1 J \ • xr ¥ .\\ 3/lsloiAccepted By Land & Resource L & R Official/Date ^.•3o Zf/TO.Date Of Hearing Time/a./ Motion LeRoy and Carol Stine - Approved with condition. Motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve a variance of 25’ from the required ordinary high water level setback of 200’ for the placement of a dwelling on Parcel “A” 175’ from the southwest shoreline (ordinary high water level) with the condition that Parcels “A” and “B” must be permanently attached. It was noted that the 200’ setback would be maintained on the north and west sides and that the variance is only required for one side of the proposed structure. Hardship is the terrain and topography of the property. It was also noted that there is water on three side of Parcel “A”. 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 And the MN DNR bk 0198-001 291.30$ • Victor Lunde«n Co.. Prinwrs • Fergus Falls. Minrtesota November 4, 2004 Page # 3 Brent Folken - Tabled Brent Folken, part of Government Lot 3, Section 33 of Girard Township by West Battle Lake, requested the following: I request a setback distance of zero feet from my property line and highway right-of-way for my house and water oriented accessory structure as shown on the diagram submitted with the variance application. This request is due to practical difficulties relating to the irregular shape of my lot resulting from the extra 50’ of highway easement width next to my lot. This variance would accomplish the following: 1. Better placement on my property to minimize impact on the lake and 2. Provide larger area for my septic system and drain field at a location further from the lake. August 12, 2004 Meeting - Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. A letter from the Otter Tail County Highway Department in support of the variance as requested was read for the record. After consideration and discussion, Randall Mann made a motion, seconded by Frank Lachowitzer and unanimously carried, to table the variance hearing per the applicant’s written request until the September 2, 2004. September 2, 2004 Meeting - After consideration and discussion, Steve Schierer made a motion, seconded by Michael Conlon and unanimously carried, to table this variance hearing per the applicant’s written request until the October 7, 2004 meeting. October 7, 2004 meeting - After consideration and discussion, Steve Schierer made a motion, seconded by Michael Conlon and unanimously carried, to table this variance hearing per the applicant’s written request until the November 4, 2004 meeting. November 4, 2004 meeting - After consideration and discussion, Steve Schierer made a motion, seconded by Randall Mann and unanimously carried, to table this variance hearing per toe applicant’s written r^uest until the December 1,2004 meeting. ^ f/d/UA/nAlj Discussion of the Ma/^0, 2001 LeRoy and Carol Stine Variance Application. (7:38 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Cecil Femling and unanimously carried, to state that the variance as approved on Thursday, May 10, 2001 applies to combined Parcels A and,B and not just to Parcel A. Appeal Hearing - Armin Pipho Site Permit #21815. (7:40 p.m.) David Hauser, County Attorney, reviewed the appeal process as found on Pages 28 and 29 of the Otter Tail County Shoreland Management Ordinance. Mr. Hauser noted that the Board of Adjustment must decide if the above referenced site permit was properly issued by the Land and Resource Department or if the applicant should have been required to obtain a conditional use permit before the issuance of the site permit. Mr. Hauser also provided a summary of the pertinent portions of the ordinance that would be applicable to this discussion. Larry Berget and Tom Sullivan are appealing the issuance of the above referenced site permit. There appeal application states that Site Permit #21815 was issued in error because it goes against the zoning ordinances of commercial use of residential property for the following reasons: 1. Selling excess electricity back to the electric cooperative and 2. Proposed arrangement of free electricity for trade off for a site to put the wind charger on. The appeal application notes the followings property owner concerns: 1. Commercial use on residential lots, 2. the wind charger will obstruct the peaceful country setting, 3. noise levels, 4. propellers killing birds, 5. the possibility of decrease property values, and 6. increase traffic in the residential area due to sightseers. Armin Pipho, the applicant on the site permit, and Dave Freeman, Mr. Pipho’s neighbor and partner with this proposed project attended the appeal hearing. Mr. Freeman provided the following: 1. A historical background, 2. a list of reasons as to why the Board should approve the project, 3. an article about wind turbines, and 4. an explanation has to how these wind turbines function. M V 'i IJ.Vl' . > S'oui /erffus /I PAone f e n 6 f e s / r ^ ® Denotes Sec ■ Denotes Fo Bearings sho. -"FAJiCEL 5. 4 Acres ■ ~S^ ^ --- /V_ > • F4Sr J/J. 97 < /0 7' /L. c::->>„-5r-X- ' ' V <v\\\c.\\\\\W \\W<V/ :2-s~' 'E ,\\ \ii f de^x^VWi i i iS^\{ ! ; II 1*' u •0 . \ o/\\ 7?^ 3/15 !o\Accepted By Land & Resource L & R Official/Date 6.'3o /?/oo.TimeDate Of Hearing yg. Motion LeRoy and Carol Stine - Approved with condition. Motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve a variance of 25’ from the required ordinary high water level setback of 200’ for the placement of a dwelling on Parcel “A” 175’ from the southwest shoreline (ordinary high water level) with the condition that Parcels "A" and “B" must be permanently attached. It was noted that the 200’ setback would be maintained on the north and west sides and that the variance is only required for one side of the proposed structure. Hardship is the terrain and topography of the property. It was also noted that there is water on three side of Parcel “A”. 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 And the MN DNR bk 0198-001 291.306 • Vidor Lurtdoon Co.. Prinior* • Fergus Falls. Minnesota MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 10, 2001 The Otter Tail County Board of Adjustment met Thursday, May 10, 2001, with the following persons in attendance: Cecil Femling David Holmgren Randall Mann Joe Maske Steve Schierer Mark Steuart Mark Ronning, Land and Resource Management Barb Hanson, Assistant County Attorney Nicole Hansen, Assistant County Attorney Call to Order - Randall Mann, Chair, called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - Hearing no corrections or additions the minutes of the May 3, 2001 meeting was approved The following variance requests were heard: LoRoy and Carol Stine - Approved with condition. LeRoy and Carol Stine, Dallas, TX, requested a variance of 25’ from the required ordinary high water level setback of 200’ for the placement of a dwelling on Parcel “A” 175’ from the ordinary high water level. The property is described as part of Government Lots 2 and 3, Section 9 of Sverdrup Township by Lake Anna. Daryl Johnson appeared along with the applicants and represented the applicants 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 Randall Mann and unanimously carried, to approve a variance of 25’ from the required ordinary high water level setback of 200’ for the placement of a dwelling on Parcel “A” 175’ from the southwest shoreline (ordinary high water level) with the condition that Parcels “A” and “B" must be permanently attached. It was noted that the 200’ setback would be maintained on the north and west sides and that the variance is only required for one side of the proposed structure. Hardship is the terrain and topography of the property. It was also noted that there is water on three side of Parcel “A”. Co. Ken Van Santen/Leaf Mountain Church - Approved Co. Ken Van Santen, Leaf Mountain Church, Battle Lake, MN, requested a variance to place a 28’ by 30’ addition to an existing church 3.5’ from the edge of the road right-of-way. The property is described as a one acre tract in the East Half of the Northeast Quarter, Section 16 of Leaf Mountain Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve a variance to place a 28’ by 30’ addition to an existing church 3.5’ from the edge of the road right-of-way as depicted in the application. A letter from Richard West, Otter Tail County Highway Department, indicating no objection with the variance as requested was noted for the record. It was also noted that the proposed addition would be farther from the road right-of-way than the existing structure. Hardship is the terrain and topography of the property. 4 !