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Home My WebLink About28000100072001_Variances_05-08-20008 6 5 1 9 3 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # filed/recorded in this officewasfor record on the _/3—day of -Tnnf^ 2000 at 9:30 (^fpm corder ^ Deputy Wendy L. by: recording fee _______jwell 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 /30-OOApplication Fee Receipt Number Scott and Regina Mandy 701-235-1189PROPERTY OWNER DAYTIME PHONE ADDRESS 2307 16th Avenue South, Fargo, ND 58103 LAKE NUMBER 56-695 LAKE NAME Heilberger LAKE CLASS RD SECTION 134 RANGE FribergTOWNSHIPTOWNSHIP NAME 4^28 00010 0072 001PARCEL NUMBER FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION South 125' ot most Southerly 30 rods of Lot 10 TYPE OF VARIAI^E REQUESTED (Please Check) structure Setback ^ Structure Size____Sewage System____ SSubdivision____ Cluster Misc. SPECIFY VARIANCE REQUESTED lb allow enclosure of the existing patio area for weather and insect protection. Enclosing the patio will not extend beyond the existing building and support posts. 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. SIGNATURE O^^OPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING MAY - 9 2000(Applicant Will Receive Notification As To The Date/Time Of Hearing) LAND & RESOURCE , 4^ /0 sMC. // -OOOJun^J^, 2q00^^ Page 2t 73 -0(p / M€^ /^-dtc, '^‘^'OOA./0(f /O^ /O^'OO/ StA±> oE 3m A ; 10 ^JfojoOAccepted By Land & Resource L & R OfTicial/Date E. '3a /f/n.£Date Of Hearing Time Motion Scott and Regina Mandy - Approved as requested Motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve the variance as requested noting that the proposed enclosure will be no closer to the ordinary high water level than the existing structure and it will not obstruct the view from the adjacent properties. chairman/otter Tail County^oard of Adjustment PeroHt(s) required from Land & Resource Management A Yes (Contact Land & Resource Management) No ^hp-ZooCopy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Fajls. Minnesota June 8, 2000 Page 2 (Barner - Continued) She noted the following: 1.) she has.reviewed the Board of Adjustment minutes from 1993 to the present and the Board has granted variances in the past, 2.) when the dwelling was built it met all of the requirements, 3.) the area can be stabilized to prevent erosion, 4.) water drains away from the lake and 5.) there is a long level area at the bottom of the bluff that serves as a catch all making their b|uff unique. She also noted that the difference between this request and the previous request is that the proposed addition is 5.5’ further back from the top of the bluff. After consideration, motion was made by Steve Schierer, second by Mark Steuart and unanimously carried, to deny the variance as requested noting the failure to establish an adequate hardship and the availability of space to meet the requirements of the variance as granted April 6, 2000. Scott and Regina Mandy - Approved as requested Scott and Regina Mandy, Fargo, ND, requested a variance to allow enclosure of the existing patio area for weather and insect protection. Enclosing the patio will not extend beyond the existing building and support posts. The proposed enclosure will be no closer than existing structure, which is approximately 54’ from the water. The property is described as the South 125’ of the most Southerly 30 rods of Government Lot 10, Section 10 of Friberg Township by Heilberger Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve the variance as requested noting that the proposed enclosure will be no closer to the ordinary high water level than the existing structure and it will not obstruct the view from the adjacent properties. Church of the Resurrection - Denied Church of the Resurrection, Leawood, KS, requested a variance of 10’ from the required road right-of- way setback of 20’ and a variance of 10’ from the required top of bluff setback of 30’ for the placement of a 50’ by 24’ dwelling and an 18’ by 24’ garage 10’ from the road right-of-way and 20’ from the top of the bluff or a variance of 10’ from the required road right-of-way setback of 20’ for the placement 16’ by 72’ trailer house 10’ from the road right-of-way. The property is described as Survey Lot 12 of Government Lot 1, Section 26 of Lida Township by Lake Lida. Alan Olson, Broker with Century 21, Chris Johnson and Errol Ernst represented the applicarit at the public hearing. The audience was polled with the following individuals speaking against the variance as requested: A. Conrad Posz, David Zielinski, Les Shirley, John Bahma and Tom Fosse. A letter from Conrad Posz, Secretary of Jennie’s Nature Preserve, Inc., opposing the applicant’s request was read for the record. The comments and the letter expressed the following concerns: 1.) considerable earth would have to be removed from the roadway easement to access the lot and proposed building site, 2.) the 20’ setback from the roadway and safety concerns should this requirement be lessened, 3.) the need for parking area, 4.) the need to adhere to the required bluff setback, 5.) area for the proper and.safe placement of a septic and water systems, 6.) whether or not the lot is buildable and 7.) concerns with drainage, and erosion. After consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to deny the variance as requested noting that any disruption of the soil in this area will have an adverse affect on the lake. It was also noted that there is very limited space for development, the variance as requested would place the proposed development to close the road right- of-way creating both a parking problem and a concern for public safety and concerns for the impact the proposed development would have on the bluff. May 8, 2000 RECEIVED MAY - 9 2000Land and Resource Management 121 West Junius, Suite 130 Fergus Falls, Minnesota 56537 land & RESOURCE Dear Sirs: I am enclosing a completed variance application to enclose a patio, the $150.00 application fee and seven copies of a scaled drawing (one original). The patio enclosure will not extend beyond the existing posts. The property does not have a fire number that 1 am aware of. Directions to the property from Fergus Falls are as follows: take County Road 1 east to Highway 43, north on Highway 43 to Highway 22, turn left at first gravel road, turn left on Fyhrie Drive, turn left at the "Y" in the road. The impervious area consists of the following and is less than nine percent of the total site area: Driveway Concrete Concrete Apron Sidewalk House New garage Total 3,060 square feet 442 square feet 84 square feet 135 square feet 1,996 soquare feet 896 square feet 6,613 square feet Due to a prior obligation, 1 will not be available for the(^une 1, 2000 meeting da^^ 1 would like to request the overflow date of June 8, 2(XX). Please^ntact me at 701-235-1189 to verify that this request is acceptable. Please contact me if further information is required, application. Thank you for considering m’ Scott M. Mandy, MAI SMM:ams d/0 1y 4 /. ?^ ^c //oif^C / 9^C .' ^ 7< r /ei p i\>-\y2±- ? 5- 0'/«- < f^/,C ^ ou I €2 iI4^/r// <.oS2 !i o> !((^5!S9 9 ^^1-i i !I ^ Proposed Enclosure 1 received may - 9 2000 land & RESOURCE RECEIVED MAY - 9 2000 SUBJECT PHOTOGRAPHS l^kiPk 0 r^r~r.r\i View of the Shoreline Looking North View of the Proposed Enclosed Area Looking East View of the Proposed Enclosed Area Looking North