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HomeMy WebLinkAbout28000250176000_Variances_04-13-2000ij-iyzccc^ rnzu’js- 863670 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/recorded in this office for rec9i;d on the (1? day of ^_______2000 at 9.'V>5^fem Wendy L.'Metcalf, County, Recorderby: I X 3. ( i^ecordinq fee ^ ® ^well certificate OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # OOoQ • was filed/recorded in this office for record on the 8(;z-.^33 I S day of 2000 at V:0Q amZ/dfr?! Wendy Li Mfetcalf, County Recorder ^ ^ by: cJhJ recording fee well certificate / c^kJL 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 ■ iBim kk.il wzReceipt Number f-TNor rv\g/\ tir \J DAYTIME PHONEPROPERTY OWNER r i OY\ ADDRESS to 6 fj <, f, ^ f V n ft. 2KLAKE NUMBER LAKE NAME SECTION ^5 TOWNSHIP aJ RANGE VTOWNSHIP NAME / L LAKE CLASS e r- PARCEL NUMBER S'- 0 0 0 ~~ ^ i - 0 / 9 6 ' C e o FIRE / LAKE I.D. NUMBER Pyk7jj^JjA?rP J^r?U QjOJJL t^ryikuyid inMb Ujd^ tvlktr i- l^7-S LEGAL DESCRIPTION N L NoJA y TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X Structure Size Sewage System____ Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED /Sf- ■C4fvt.<£^ JLt. ^ <k Lc> <- j ...........^ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE RWUIR^MENTS OF THE SHORELAND \ MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL county/5 Ccl C(,r{-<tc.hc-<L 5 yt*,yke^ X~dti<A (P I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. I),P -3 -/^ ' S> (P SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ^4j U < . ' .. D C^.cdo-lM^AprlM^3,200^3^ f, /LLc jj^ P VI72. L & R Offic/al/DateAccepted By Land & Resource A/Ti.TimeDate Of Hearing Motion Norman or Verna Peterson - Approved with conditions. Motion was made by David Holmgren, second by Randall Mann and carried with Mark Steuart voting no, to approve a variance of 127’ from the required ordinary high water level setback of 200’ for the location of an existing 20’ by 33’ A- frame cabin 73’ from the ordinary high water level with the following conditions: 1. the structure cannot be connected to any utility service (water, sewer or electrical, etc.), 2. the township must submit a letter after there May town board meeting approving the location of the structure as indicated at the hearing by Duane Mavis, Clerk, and Vivian Kugler, Treasurer, 3. the existing outhouse must be placed in a location that meets all setback requirements, 4. no additional structures of any type can be placed within the shoreland management area unless the structure concerned within this application is either removed or placed in a location that complies with all of the requirements of the applicable ordinances, 5. a site permit cannot be issued to the applicants or to any future owner of the property identified in the variance application for any other structures within the shoreland management area unless this structure is either • removed or placed in a location that complies with all of the requirements of the applicable ordinances, and 6. no subdivision of the property identified in this variance application can occur by either the applicants or by any future owner of the property identified in the variance application unless this structure is either removed or placed in a location that complies with all of the requirements of the applicable ordinances. It was noted that a mobile home had been on this exact sai hill as far back as^it'can g^Hrom the terrain features'^ndnjijkfueness ora oted that the structure is tucked into the side of a steep ^without being p[a<fed on top of the hill or behind the hill. Hardship is the ip^i6e,ai^l i catrtSn^, f more than 35 yeaj Chairman/Otter Tail County Board of Adjustment Permi^) required from Land & Resource Management \/^ Yes (Contact Land & Resource Management) No -L R Official/DateyCopy of Application Mailed to Applicant And the MN DNR bk 0198-001 291,306 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota H : 3 -U~oo+ --1\,Scale:.grid(s) equals feet, or jnch(es) equals feet i • -!]“T -t-r t 1-t Dated Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing structures. 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To Whom It May Concern: Norman or Verna Peterson RR 1 Box 100 Erhard, MN 56534 Kent Mattson 110 Mill St. N Fergus Falls, MN 56537 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, April 13, 2000, at 7:30 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 the North Half of the Northwest Quarter, the Northwest Quarter of the Northeast Quarter and Government Lots 2, 3 and 4, Fire# Section 25, Township 134, Range 42 - Township Name - Friberg Lake No. 56-573, Lake Name - East Red River, Class - NE The variance requested is: a variance of 127’ from the required ordinary high water level setback of 200’ for the location of an existing 20’ by 33’ cabin, 73’ from the ordinary high water level. 111Date: March 17, 2000 Board of/Adjustment Secretary 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 Taii County, Minnesota, do hereby certiiy that on the 20th, day of March, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Norman or Verna Peterson, RR 1 Box 100, Erhard, MN 56534 Duane Mavis, Friberg Twp Clerk, RR 1 Box 99, Erhard, MN 56534 Kent Mattson, 110 Mill St. N., Fergus Falls, MN 56537 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randail Mann, 532 N. Ann St., Fergus Falls, MN 56537 Leslie Estes, Box 358, Battle Lake, MN 56515 Mark Steuart, RR 1 Box 82, Richville, MN 56576 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Maii at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: March 20th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud w SHERLOCK &. HARJORIE M HOUGE RR 3 BOK 305 FERGUS FALLS, MH 56537-947© NORMAN A & VERNA MAE PETERSON RR 1 BOX 10© ERHARD, MN 56534-9742 DUANE & MARY JANE MAVIS RR 1 BOX 99 ERHARD, MN 56534-9741 TXc Ci/nd *^*-'*^ ^ (f\jrr\QX^'y\ 1, _j}JjLJLA-«Pa£)(T CLLJcjL(yJiJbjrijr 4^vt3o^bJc^ - CUi VjOXVjl CjJ^UiLxmJick jJl. ^o/yi Uu5 & er 0 0 ' C; /) pUt^^A CifPf^ XiiA O't&y f)(P>^ • tJ Oc^x ^ yz-tV^o ■cl^'^y^ Cd^x 4-^ yct~ /n^ /^A:!tyi^'\ /t^\s^ ylT -Vy']7 c f;v To Whom It May Concern I’m going back to the year of 1927. I remember when there were not many cabins around the lake shores. Most of them did not have insulation or finished walls. Very few had electricity or inside plumbing. They had outside toilets. Some types of water pumps had handles on them, that lifted up and down, with wooden rods, cylinders and screen to bring the water up. Some people used a gas engine and what they called a , pump jack, to get the water out of the ground. The pump had a spout, to hang a water pail on. At that time, I have no memory of regulations or restrictions as to how close you could build to a lake or river; or how close you would build to your neighbors house. Under these type of conditions, no one seemed concerned about polution or how much garbage went into the lakes or rivers. I As the years went by, the lakes became congested with more modern and larger houses, and mobile homes. One built right next to the other. I realize there has to be regulations and laws to protect the environment. I also realize that these situations were not taken care of as soon as they should have. Now it seems to me some land owners are being penalized by those over populated and too closely built homes and mobile or trailer homes built up stream and near the lake shores. /1 is not fair that the people downstream should be penalized bv the people upstream. In Section 25, Friberg Township where the Otter Tail River runs, is a neighbor of mine that lives on the North side of the river. His name is Norman Peterson. His father Alf Peterson bought the farm in 1950 Norman bought the farm from his father. They have worked that farm for fifty years and paid taxes on it. My farm is on the South side of the river directly South of Norman’s farm. Uived there fifty five years and my wife’s parents lived there thirty years before that. Eighty -five [85] years in the family. So, we have a very well understanding of that portion of the river. Norman built a cabin ori his land on the North side of the river where the river is quite narrow. There seerns tOjbe some question about the location, due to the river. It is the only building on his land near the river. There is no other building near the river for over three-quarter of a mile either east or west of his place. I can not see that they are polluting the river. I have known the Peterson family since 1927. They were always very clean and neat people. ■ 1! ; 4 > L'» r If need be that they need a^variance for that cabin, I would be in favor of it. I have ho reason what so ever to object that they have that cabin by the river where it is Sherlock Marjorie Houge r 7' Steven Houge ^ Diane Houger- -V ^ Cv' H --' V - O li- Lu /i/;e? 7ii jtnX / 99 S’- iU^ -'-yyio-i^^ CJti^ 5 -■’ ; ■/. : ': ■•-. .-;’: ■ » r. i kL vVlf Svingen Athens Russell Hagstrom Haugrud PLLP Attorney’s S; Cminselnrs nt I.aw May 3, 2000 Otter Tail County Board of Adjustment Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls MN 56537 RE: Variance of Norman or Verna Peterson To Whom It May Concern: Please be advised our office represents the interests of Frieberg Township. Enclosed with this correspondence is a copy of the conditions associated with the variance approved for Norman and Verna Peterson. Condition No. 2 requires that the Township submit a letter approving the location of the structure as indicated at the hearing. 125 South Mill P.O. Box 697 Fergus Falls, MN 56538-0697 Please be advised the Township does not have any land use or regulatory controls, such as a zoning code. For that reason, the Township does not have the authority to take a position either approving or disapproving the above referenced variance. The Township therefore cannot submit the letter required as a condition for the variance. 218-736-5456 fax: 218-739-5331 email: fflaw@prtel.com Battle Lake Office 218-864-8161 Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me.Dalton Office 218-589-8734 Very truly yours.Underwood Office 218-826-7388 J.J. ClineR. Kristian Svingen*C Robert L. Russell JJC/cmd Dennis W.Hagstrom Donald Nelson Gordon Hanneman c: Allen Haugrud Bruce G. Gerhardson J.J. Cline Thomas C. Athens of Counsel t A V 0 Also admitted to practice in ND ' Civil Trial Specialist Certified by the Minnesota State Bar Association t Real Property Law Specialist Certified by the Minnesota State Bar Association .A. Qualified ADR Neutral Civilfi Family Mediation/Arbitration Qualified ADR Neutral Civil Mediation/Arbitration Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone; (2^8) 739-227] Court House FERGUS FALLS, MINNESOTA 56537 May 3, 2000 Terry Lejcher DNR 1221 E Fir Fergus Falls, MN 56537 RE: Norman and Verna Mae Peterson Variance, Section 25, Friberg Township, East Red River Lake (56-573); Dear Terry Lejcher, To refresh your memory, on April 13, 2000 the Board of Adjustment approved, with conditions, the Peterson’s variance request to keep a 21x25ft structure 73ft back from the OHWL. The following week you viewed the property with Bill Kalar. Per your request. I’m sending you copies of the following; • The variance application. • Violation chronology. • 1981 to 1995 Arial photographs of the site (These are copies of slides. The original slides are owned by the Fergus Falls FSA office. They were scanned by the US Fish and Wildlife Service in November 1995 and stored on a recordable Compact Disc. The CD is owned by the Fergus Falls NRCS office. There are slides from 1996 to 1999. I tried to have them scanned also, but the Fish and Wildlife office does not have the same scanner as they did in 1995 and any copies are not readable.) Please contact me if you have any questions. Sincerely, Patrick Eckert Inspector Enclosures (17) May 4, 2000 Page 6 Charles L. Babcock - Approved as requested. Charles L. Babcock, Lehigh Acres, FL, requested a variance of 10’ from the required side lot line setback of 10’ for the installation of a drain field 0’ from the side lot line. The property is described as Lots G and H of Government Lot 6, Section 2 of St. Olaf Township by Long Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by David Holmgren and carried with Rod Boyer abstaining, to approve a variance of 10’ from the required side lot line setback of 10’ for the installation of a drain field 0’ from the side lot line. It was noted that this is perhaps the best and only location for the drain field and that its placement in the proposed location will provide adequate space for maintenance and will not adversely affect the adjacent property. Hardship is the terrain of the applicant’s property. J. Bruce Larson - Appeal Application - Tabled. Mr. Larson’s appeal of an administrative decision was discussed. Mr. Larson explained why in his opinion the proposed structure should be classified as an ag use structure. He addressed his intended use of the structure and the relative location of the parcel where the proposed structure would be placed with the location of his farm property. Mr. Kalar, Land and Resource Director, addressed the decision and spoke to how the decision was made to classify the proposed structure as a non-ag use structure. Mr. Kalar noted that generally the use of the property where the structure is being placed determines the structure classification. In this instance the property where the proposed structure is being placed is residential in nature. After discussion and consideration, motion was made by Steve Schierer, second by Mark Steuart and unanimously carried, to table action on the appeal application until the June 1, 2000 meeting so that the members of the board could have an opportunity to view the property in question before ruling on the appeal. Norman and Verna Peterson - Discussion of Condition No. 2. Gordon Hanneman , Donald Nelson and Gregory Kugler, Friberg Town Board Members, appeared at the hearing this evening to request removal of condition number two placed on the Norman and Verna Peterson variance approval of April 13, 2000. The Town Board Members presented a letter from their attorney advising the Board of Adjustment that Friberg Township has no zoning or regulatory authority within the designated shoreland area, therefore, asking Friberg Township to approve of the variance as requested is not appropriate and the condition should be lifted. The three members of the Town Board were asked their opinion of the Peterson request. As neighbors they did not have a problem with the request. After additional discussion and consideration, motion was made by Cecil Femling, second by David Holmgren and carried, with Mark Steuart voting no and with Rod Boyer and Steve Schierer abstaining, to remove condition number two from the Board’s action of April 13, 2000 as it relates to the Norman and Verna Peterson variance hearing. Corrine Thom and Irene Arends - Rescind Action of April 6, 2000. Corrine Thom and Irene Arends have requested that the Board of Adjustment rescind the variance, which was approved on April 6, 2000 and allow them to withdraw their request. They have reviewed the variance as approved and do not wish to have the approval with its condition. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to acknowledge and accept the request of Corrine Thom and Irene Arends and to rescind the action of April 6, 2000 and accept the withdrawal of the applicants’ variance application. With no further business Chairman Mann declared the meeting adjourned at 10:00 p.m. Wayne Sta(fi( Secretary M .1- V T = TRACT NtTKBEH MT tract MJMBES HEL = HISHLY ERACICAeLE LAND MW MINIMAL EFFECT WETLANTJ MWC,MWM,KWR SPECIAL COND. (SEE W»cg MI ^ MON-lfJVESTCRY W == WETLAND CW » COHVERTBD WETLAND KHEL = NON-HIGHLY EHODIBLE FW - FAIIMED WETLAND KA NON-AGRI CULTURAL PC = PRIOR CO.WERTED WETIAI5D ECW EXEMPT i COMMENCED; COMVEHTEB WETLANDNW ^ NON-WETLAND AW - ARTIFICIAL WE'::.AND CROP YEAR I PHOTO NO. 1999WEST OTTER TAIL CO. RANGE NOT TO SCALE PHOTO REPRIOT MAY 19 91TWP.Jli CnnEact KRCS be;fi;re arairiing, dredginy, filling, or leveling any we:: areas or weriand coded fields or iirproving, ricdi fyiiiq, or riainialning any existing drainage systec.. WARNING: HSL i )