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28000100072002_Variances_10-07-1993
751778 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA * niif^ iiS\oo __r ■? / Zip NO. ' Receipt No. Application Fee $ /7/y c- M4 I y7>OK /p r tv^LII y AJOwner:Phone: Last Name First Middle SfafeStreet & No.City /4, / ^vSj2.Lake ClassLake NameLake No. /o F^lZ\(SSAGL2^Sec.Twp.Twp. NameRange 'yy<3 JLegal Description:Fire No. or Lake ID #A)os-f SUy 30/Zc7s 0 f lot /6/?jc S / ^) ' // f(i T'i.^ Lyy\ Q UJU //z^c / C See Attached Grid Plot Plan Sketchi.ng Form ^^'OOO-/O - oQ 7-cropParcel Number VARIANCE REQUESTED IS: ©To request a variance from the platting requirement of Section IV(IO) of the Shoreland Management Ordinance (Subdivision Provisions); By allowing applicant to subdivide the above described tract of land into two (2) distinct and separate tracts by deed or other form of conveyance without the necessity of platting same. The resulting tracts of land would constitute conforming lots meeting all require ments relating to width and depth as required by the Shoreland Management Ordinance. LJOULHF ALSe> Ll TO pLfitCE ^ THit^rV iOO*, So' /hCT *^1''^ ijj) th^wT' rTli^Lixlc /niAicc rV’S , lOOtAL^ P/ZPU.>* In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail mkipm A County.vtm ate*4mtk September 14 19 93 . XApplication dated ivelyn I'fcaMgbet ! ( h-f r //P(Pc-?Date of hearing:. Time:M MOTION AS FOLLOWS: Motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to approve the subdivision of the existing parcel with the condition that a registered surveyor's drawing and a letter stating that there are no property line disputes will be provided at the time of recording. It should be noted^tjiat t|ie^^rcels will be meet the minimum requirements of the shoreland ordinance for platted l^l^ito a public road. iCi ^ County of Otter TailI I h«r*y eertlty that ttw witWn Instrument was tot twpnl In this offlcs on the did---------<f*y “t and was duly MtoroWmad as Doc. # d.V , ^ 7 (7County Recbnk;:/i t' -C:----Diipu;y Chairman Otter Tail County Board of Adjustment■'Z/i Permit(s) from Land & Resource Management required: 1^ YES NO /6 -(?> '^6 mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 258,371 — Victor Lundeen Co,, Printers, Fergus Falls, Minnesota T “1 Seals: Each grid equals feet/inches GRID PLOT PLAN SKETCHING FORM i Dated:19 Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures. f1/ ^4= i- ..-i_ 1 i ■ r f-' II T I ^52! \ PaSrt'O Jh/tKrU /-"M CT^rt hl^n I I I Ifrgcp0^9^ \ P*^ '^iShArCT^T^^t Tt, Q i /II I <\ I I/tCC£prn0‘-'^ryoi A*^ Ljicn R>e^e I ^ %sI \ aIII < 1st■/ /c-V/V.r / r-iA/ \ 1^VetyNi I I'vnVi / (^gfeAU? 6uetHe.e=e- i- MKL-0871-029 21598 7®VICTON LUNOCCN CO.. PniNTEMt. EEHOue FALUS. WINN gA ' * Ootobor 7th, 1003 Page 4 Thomas C, Lenertz and James and Mary Rosen - Approved Thomas C. Lenertz, Crookston, MN, and James and Mary Rosen, Laramie, WY, requested a variance of approximately 30' from the required ordinary high water level setback of 75' for the screening-in of an existing attached front porch/deck. The property is described as Lot 6, Belka Beach and a tract between the lot and the lake, Little Pine Lake in Gorman Township. The applicants were represented at the hearing by Marlin Zitzow, A letter from Ronald Boedigheimer and Joan Doyle stating no objection to the variance request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Bert Olson and unanimously carried, to approve a water - oriented accessory structure not to exceed 260 square feet of area. Leif Gylland -Withdrawn Leif Gylland, Breckenridge, MN, requested a variance of 5' from the required side lot line setback of 10' for the replacement of a 6' by 10' structure with a 10' by 16’ structure 5' from the side lot line. The property is described as Lot 14 and vacated road adjacent. Inlet Beach, Lake Lida in Lida Township. The applicant had notified the office prior to the hearing that he desired to withdraw his variance request at this time. The Board of Adjustment accepted the applicant's request to withdraw his variance request. Evelyn Hauberg - Approved Evelyn Hauberg, Erhard, MN, requested a variance from the platting requirements for the subdivision of an existing parcel into two distinct parcels, each parcel meeting the minimum lot width and area for platted lots on a recreational development lake; a variance of 50' from the required ordinary high water level setback of 100' for the placement of a manufactured home 50' from the ordinary high water level and a variance to subdivide this parcel without a registered surveyor's drawing. The property is described as part of Government Lot 10. Section 10 of Frlberg Township on Heilberger Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously carried, taapprove ttie.subdivision of the existing parcel with the condition that a registered surveyor's drawing and a letter stating that there are no property line disputes will be provided at the time of recording. It should be noted that the parcels will be meet the minimum requirements of the shoreland ordnance for platted lots and will have access to a public road. Richard L. Bell - Approved Richard L. Bell, Dwight, ND, requested a variance of approximately 8' from the required road right of way setback of 20' for the location of a dwelling 12' from the road right of way. The property is described as Lot 24, White Swan Beach and part of Government Lot 1, Section 29 of Dane Prairie Township on Swan Lake. The applicant was represented at this hearing by Mr, Robert Rossow. The audience was polled with no one speaking for or against the request, A letter from the Dane Prairie Town Board stating approval of the variance request was read for the record. After consideration, motion was made by Craig Anderson, seconded by Dan Oehler and unanimously carried, to approve a variance of approximately 8' from the required road right of way setback of 20' for the location of a dwelling 12' from the road right of way. Hardship being a substandard lot of record. October 7th, 1993 Page 3 Arbor Resort, Leonard H. Hochstein - Approved Arbor Resort, Leonard H, Hochstein. Battle Lake. MN, requested a variance of 35' from the required side lot line setback for cluster developments of 50' for the replacement of an 18' by 26' structure with a 24' by 24' structure. The property Is described as the west 40' of Lot 10 and the east 1 /2 of Lot 11, Inglewood. Blanche Lake in Everts Township, The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Bert Olson and unanimously carried, to approve a variance of 35' from the required side lot line setback for cluster developments of 50' for the replacement of an 18' by 26' structure with a 24' by 24' structure. The property line to the east would not be affected by this development. The granting of this variance will bring the structure into better compliance with the ordinance and will allow the applicant the best use of his property. Charles D. Rodine - Approved Charles D, Rodine, Gwinner, ND, requested a variance from the required side lot line setback of 40’ and a variance from the required ordinary high water level setback of 20' for the replacement of an existing water - oriented accessory structure 17’ from the side lot line and approximately 10 to 18' from the ordinary high water level. The property is described as Lots 3 and 4, Sunset Beach, West Battle Lake in Girard Township, The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Dan Oehler, to approve a variance from the required side lot line setback of 40' and a variance from the required ordinary high water level setback of 20' for the construction of an 8' by I O' water - oriented accessory structure 17' from the side lot line and approximately 10 to 18' from the ordinary high water level. The motion failed on a tie vote with Craig Anderson, Dan Oehler and George Walter voting to approve the motion and with John Everts, Cecil Femling and Bert Olson voting to deny the motion. After additional consideration, motion was made by John Everts, seconded by Bert Olson, to deny the variance as requested as no adequate hardship had been shown, a precedent would be established and when structures are replaced they should be brought Into compliance with the requirements of the ordinance. The motion failed on a tie vote with John Everts, Bert Olson and Cecil Femling voting to approve the motion and with Craig Anderson. Dan Oehler and George Walter voting to deny the motion. After further consideration, motion was by Craig Anderson, seconded by Cecil Femling and carried with John Everts and Bert Olson voting no, to direct the Land and Resource Management Office to mark a location as close to the requirement of the shoreland ordinance as possible for the placement of an 8' by 1 O' water - oriented accessory structure and to permit no excavation In the bank. Dean L. Dinison - Denied Dean L, Dinison, Dent, MN, requested a variance of 3' from the required 1 O' setback for the location of a septic tank 7'3" from the existing dwelling and a variance of 5' from the required 10’ setback for the location of a septic tank 5'8" from the existing dwelling. The property is described as Lot 8, Art’s North Shore. Marion Lake in Rush Lake Township, A letter from Dorothy Beyer opposing the granting of this variance request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Craig Anderson and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and the Land and Resource Management office has issued sewer system abatements on all of Marion Lake. II =-»Or-£<iTr OWNED 3Y DCN LAFS&i OVff 600' — FRCFt^Y UNE'oj i T !■a:1 e.i ?^.l ;•=2I HNAL Fin,SHED GRADE 104.6'c:.tml GRADE!X a;UJ lake ELEV.l Cv; 90. r ^EXiSVrn FOIUP FOE ^ o_1mtrRRQPEFDf UNE-'k - 54R4Gl a:103 i\-^DRiVEWAY\Uj \EWr,GRADE 1’-HCA'SE ort1i!K-:i I '21 I — ^FOFER^f UHE\ 1 i i j U—- Ekismo house'• ■ C-HNK' 5Y nitlMA mTLOOKi II A /'0 20'lOO-120'200' / SCALE: r = 100' })aM-JaJUL vY l(yC{J-A^U /Q-ZZcnLli&' yjlfiAA^^ajL ‘J'j ^UA- t. lH.kL tu NDH±t OK'd * i-AK fC £jua-cI. NYCKLEMOE, ELLIG & HAGSTROM Attorneji and Counsdlors At Law Professional Building 106 East Washington - P.O. Box E Fergus Falls, Minnesota 56538-0960 Telephone (218) 736-5673 Esublished 1925 Henry Nycklemoe (1925-1980) Paul 11. Nycklemoe David H. Nycklemoe* Van R. Ellig** Dennis W. Hagstrom Rolf H. Nycklemoe *City Attorney *♦ Admitted in MN and ND Fax (218) 736-5466 Legal Secretaries Barb Lewis Deb Nelson Sue Ameson Wendi Olson Lori Athmann March 18, 1994 Shoreland Management Otter Tail County Courthouse Fergus Falls, MN 56537 RE: My Client: Evelyn Hauberg Application for Variance Receipt No.: 11865 Dear Sir/Madam: I am herewith enclosing for filing in your office the following documents: Original letter addressed to Otter Tail County Board of Adjustment signed by Leonard Fyhrie. 1 . Original letter addressed to Otter Tail County Board of Adjustment signed by Don Larson. 2. These two letters represent the consent of the landowners who owns property which is adjacent to the land owned by my client, Evelyn Hauberg, and which are the subject of her application for variance.It is my understanding these documents are to be filed with your office for safe keeping. If you should have any questions concerning this letter, kindly contact the undersigned. Sincerely yours. NYCKLEMCE, ELLIG & HAGSTROM BY . NycklemoeDavid DHN:11a Enclosure cc: Ms. Evelyn Hauberg g eiiii ly MAR 2 I B94 lAWD & resource March 11, 1994 Otter Tail County Board of Adjustment Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Evelyn Hauberg Application for Variance Kindly be advised that the undersigned is an owner of a tract of land located on Heilberger Lake, which tract of land is adjacent to lands owned by Evelyn Hauberg. We have had the opportunity of reviewing a survey prepared by Terry Lee Anderson, Land Surveyor, dated February 5, 1994, as it relates to the Application of Variance of Evelyn Hauberg. in agreement as to the location of the property line between our respective properties as is set forth in said land survey. The purpose of this letter is to allow Evelyn Hauberg to proceed with her Application for Variance from your board. fP of March, 1994. We are Dated this Land Owner (Address) Erhard, Minnesota March 11, 1994 Otter Tail County Board of Adjustment Otter Tail County Courthouse Fergus Falls, MN 56537 RE: Evelyn Hauberg Application for Variance Kindly be advised that the undersigned is an owner of a tract of land located on Heilberger Lake, which tract of land is adjacent to lands owned by Evelyn Hauberg. We have had the opportunity of reviewing a survey prepared by Terry Lee Anderson, Land Surveyor, dated February 5, 1994, as it relates to the Application of Variance of Evelyn Hauberg. in agreement as to the location of the property line between our respective properties as is set forth in said land survey. We are The purpose of this letter is to allow Evelyn Hauberg to proceed with her Application for Variance from your board. Dated this of March, 1994. — ^ liBonard Fyhrie 'Minnesota 56534Land Ov?ner Route 1, Erhard, (Address) Erhard, Minnesota