HomeMy WebLinkAbout28000100073006_Variances_07-13-2004OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was fiied/recorded jn this office
for reccHXl on the to day of __yk!i^__2004
dy L. Metcalf,.County Reorder
hy;1.9. <Oel^ Recording fe^
l_weli certificate
960482
Wen
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
I 3 7 Hq'TCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date */
rorikcYne^ rr\i4
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS 3d*70 3BC>^ ^
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LAKE NUMBER.^^SI^fi^l_ LAKE NAME il>€___LAKE CLASS RD
\3HitSECTIONTOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER ADDRESS ^06^ AOC.SiSOoOlCOyJdCU
LEGAL DESCRIPTION pfGL h Gull nJ P7'
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TYPE OF VARIANCE REQUESTED (Please Check) ^
^''^tructure SizeStructure Setback Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
SIGNyaffURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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,^/mTimeDate Of Hearing W
Motion
Robert Barry and Kimberly Neuleib - Approved the variance application as modified. (6:55 p.m.)
After consideration and discussion, Paul Larson made a motion, seconded by If rank Lachowitzer and unanimously
carried, to approve a variance of 11 ’ from the required ordinary hjgh water level setback of 100’ for the placement of a
camper 89’ from the ordinary high water level. The Board noted that they are taking no action on the proposed 16’ by
16’ storageished as it can be legally placed on the applicants’, property as a water oriented accessory structure without
the granting of any variances. The Board also took no action on the request for multiple dwellings since this is a
prohibited use and the Board of Adjustment cannot legally grant a variance for a prohibited use.
airmap/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0204-001
317,340 • Victor Lundeen Co . Priniers • Fergus Falls, Minnesota
August 32,2004
Pagt'#2’ ''
Robert W. Johnson - Approved as requested. (7:52 p.m.)
Robert W. Johnson, part of Government Lot 1 and all of Government Lot 2, Section 5 of Lida Township by
Rush-Lizzie Lake, requested a variance of 50’ from the required ordinary high water level setback of 200’
for a future building site 150’ from the ordinary high water level. Randall Mann, Chair, polled the audience
with no one speaking for or against the variance as requested. After consideration and discussion, Frank
Lachowitzer made a motion, seconded by Paul Larson and carried with Cecil Femling voting no, to approve
a variance of 50’ from the required ordinary high water level setback of 200’ for a building site location 150'
from the ordinary high water level. Hardship is the terrain and topography of the applicant’s property. The
Board noted that this is perhaps the best location for a dwelling on this proposed parcel.
Robert Barry and Kimberly Neuleib - Approved the variance application as modified. (6:55 p.m.)
Robert Barry and Kimberly Neuleib, part of Government Lot 11, Section 10 of Friberg Township by
Heilberger Lake, requested the following; 1.) There is a hill that starts 100’ from shoreline. Therefore, we
can only put our camper 89’ back from shoreline and it is very wooded. We would have to dig out hill to
place camper 100’ back; 2.) My brother and I (Kim) own the property together. Therefore, we would both
like to have our campers on the property. My brother only comes about twice a summer. His camper
would only be there about one week at a time; and 3.) We would like to rebuild the storage shed that is on
the property already. There is an existing foundation already there. The foundation has been there along
time. Storage shed, per the applicants’ drawing appears to be 30’ from the ordinary high water level.
Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested.
After consideration and discussion, Paul Larson made a motion, seconded by Frank Lachowitzer and
unanimously carried, to approve a variance of 1T from the required ordinary high water level setback of
100’ for the placement of a camper 89' from the ordinary high water level. The Board noted that they are
taking no action on the proposed 16' by 16’ storage shed as it can be legally placed on the applicants’
property as a water oriented accessory structure without the granting of any variances. The Board also
took no action on the request for multiple dwellings since this is a prohibited use and the Board of
Adjustment cannot legally grant a variance for a prohibited use.
Kermit E. Bye - Approved the variance as requested for the proposed dwelling development and
denied the variances as requested for the proposed garage development
(7:04 p.m.)
Kermit E. Bye, Lot 16 and part of Lot 17, Block 1, Pelican Point and part of Government Lot 6, Section 4 of
Dunn Township by Pelican Lake, requested the following; Replacement Dwelling (55’ by 55’); Request is
for front yard setback to remain unchanged from existing dwelling in relationship to two neighboring lake
homes to the north which are in exact line one with the other on all three such properties. Adjoining
property owner to the south concurs and is agreeable to the front yard setback to remain as is for reasons
of esthetics, continuity and privacy considerations. Any necessary legal documents will be prepared in
recordable form and executed by such property owner. Garage and Judge’s Chambers/Office (40’ by 40’):
Be permitted to be built over existing carport located near south lot line. Adjacent property owner will
provide a written easement waiving any and all side yard requirements. Property owner to the south is
agreeable to executing and recording a deed, easement, or other legal document granting or waiving the
10-foot side yard requirement for construction of said facility. From additional information submitted with
the variance application it appears the proposed replacement dwelling will be 44’ from the ordinary high
water level and it appears the proposed garage and judge’s chambers/office will be 0’ from the south lot
line and will have a height of 35’. Randall Mann, Chair, polled the audience with no one speaking for or
against the variance as requested. After consideration and discussion, Paul Larson made a motion,
seconded by Cecil Femling and unanimously carried, to approve the variance for the proposed house
development as described in the applicant’s variance application and as depicted on drawing submitted
with the variance application and to deny the variances for the proposed garage and judge’s
chambers/office noting that there is adequate room to meet the side lot line setback requirement for this
proposed development. The Board’s action does not grant directly or indirectly any variances to cover
more than 25% of the total lot area with impervious surfaces and/or to construct any buildings having a
height greater then the maximum permitted in the ordinance. Hardship is a substandard lot of record.
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