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HomeMy WebLinkAbout28000990331000_Variances_06-06-20191223538 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 07/17/2019 09s31 AM FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D; N deceived JUN 0 6 2019 '-^ND8( RESOURCE UT'ro r--o L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER, APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.ottertailcountymn.usOTTCRTAIl Application Fee OO .. , t>t/Receipt Number Accepted by Date Property Owner Robert and Kae HonemanName Address 25497 Heilberger Lane City Erhard State MN Zip 56534 Daytime Phone 218-731-7864 Email bob.honeman@gmail.com Parcel Information Lake Name Lake Class RDLake No 56069500 Heilberger Parcel Number(s)28000990331000 Parcel Number(s) FribergTownship Name Legal Description Section 10 sec10T134N, R42W Lot 30 (^5W^7 \kAi \)i^^Y U\aM , , mrO TYPE OF VARIANCE REQUESTED (Please Check) Physical Address rzistructure Setback SubdivisionStructure Size Sewage System MiscellaneousWECSCluster 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: Shoroland Management Ordinance Paqe 11 Minimum Structure Requirements III. 4. A.SECTION OF ORDINANCE: VARIANCE REQUEST: Option No. 1 - Request to put a second story on an existing 24' x 28' Detached Garage being 24' high. Currently the structure is a one stall garage & rec room. The proposal will allow us to be a 2 car garaoe below and half workshop/storage above. ReqMl^ting a 4' Variance to be 24' Tall required height restriction is 20'. The proposed 2nd storV' addition to detached garage will be 15' from the Road Right of Way required setback is 20'. In 2004 there was a variance granted vvmch allowed the detached garage setback to be 15' from the Road Right of Way. Currently there is one detached garage on Heilberger Lane that is over 20' in height. Option No. 2. Request to construct a 24' x 24' Detached Garage 15' from the Road Right of Way in order to meet the Lotline Setback. Required setback is 20'. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHOREUND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS 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 OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) OFFICE USE ONLY Date of Board of Adjustment Hearing (f 30 pmTime Motion Robert & Kae Honeman - Variance Application Approved with Condition (6:32 p.m.) After consideration and discussion. Thomas Lee made a motion, seconded by Douglas Larson and unanimously carried to approve Option #1 to place a second story on an existing 24’ x 28’ Detached Garage as described in the Variance application dated June 6. 2019 with the condition that the pitch of the roof can be no more than a 3/12 pitch and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. It was noted that the property is at the end of a cul-de-sac and by having a 3/12 pitch should reduce the height of the detached garage to be under 24’. The variance as approved does not directly or indirectly grant any other variances for future development. rChairman/otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No1 Note: If Yes, contact Land & Resource Management /huu [^.tcto I L&R Dfficiai/Date Copy of Application maiied/emaiied to Appiicant, County Assessor and MN DNR cl 01122019-001 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER^TAIL.MN.US r Kyle Westergard Asst. DirectorOTTCR TflK ■ •I GOVERNMENT SERViCES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Address/Parcel No. 25497 Heilberger Lane/28000990331000Applicant: Robert & Kae Honeman Requested Variance: Option No. 1 - Request to put a second story on an existing 24* x 28' Detached Garage being 24' high. Currently the structure is a one stall garage & rec room. The proposal will allow us to be a 2 car garage below and half workshop/storage above. ReauestinR a 4' Variance to be 24' Tall required height restriction is 20'. The proposed 2”^* stoirv addition to detached garage will be 15' from the Road Right of Wav required setback is 20'. In 2004 there was a variance granted which allowed the detached garage setback to be 15' from the Road Right of Wav. Currently there is one detached garage on Heilberger Lane that is over 20' in height. Option No. 2. Request to construct a 24' x 24' Detached Garage 15' from the Road Right of Wav in order to meet the Lotline Setback. Required setback is 20'. Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. Subdivision. Ordinance Section Citation: Page 11. Minimum Structure Requirements III. 4. A. Dock & Riparian Use Setback Ord.WECS A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: It is a year round residence and the front of the lot is narrow Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shali consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The Addition does not encroach any further to the lake than the existing structure. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasanable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: There will be no change in impervious surface onsite by adding a second story addition to the detached garage. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because The structure was built prior to regulations 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the orea. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar structures in the neighborhood with similar setbacks. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. Thefoct that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The proposed improvements are to an existing legal non-conforming structure. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: July 11. 2019 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. S-M Warranty Deed Individual(s) to Joint Tenants 1191900Ne^elinquent taxes and transfer entered; ISeSficate of Real Estate Value ( ^ ) not required Certificate of Real Estate Value ^ nan>^A^ p /v3 ) filed (CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS^ MN RECORDED ON 06/13/2017 11:52 AMM(VBor) FEE: 46.00 PAGES 1 WELL CERTIFICATE REC'D: N County Auditor by 000^^ <^o Deputy, $ 871.20DEED TAX DUE: (reserved for recording data) Date: June 9, 2017 FOR VALUABLE CONSIDERATION, Elaine Fremling, a single person, Grantor, hereby conveys and warrants to Robert Honeman and Kae Honeman, Grantee(s), as joint tenants, real property in Otter Tail County, Minnesota, described as follows: Lot 30 of Heilberger Lake Estates, Otter Tail County, Minnesota together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check box if applicable: [ ] The Seller certifies that the seller does not know of any wells on the described real property. [ ] A well disclosure certificate accompanies this document. [^] i am familiar with the property described in this instrument^pd- described real property have not changed since the last'fJr^ioi irtify that the status and number of wells on the ^led well disclosure certificate. Affix Deed Tax Stamp Here Ihe Fremling r\A ivTSTATE OF COUNTY OF (— M. ^, 20 *~7 by .T. (^r2.Qry^c.T>.ie,This instrument was acknowledged before me on €:L.^7 M ^ (^i ^ ■ CL S-yr*^ /! /) V- A-t.I NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR.RANK)^y\/vyy\AAAAA^A^»^A/^AAAAA/\AAAAAAAA.^® MELISSA M. DAVIS I Notary Public-Minnesota | ' My Commlosion Expires Jon 31. 2020 > .[vVVvCvSfVVVV^.»VV^AfVV^AX<^rfNAA/V^AAA^ Signature of^o^ Of- or.,. .. Check here if part or all of the land is Registered (Torrensl ]THIS INSTRUMENT WAS DRAFTED BY: Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Robert Honeman and Kae Honeman 25497 Heilberger Lane Erhard, MN 56534 N.F. Field Abstract Co., LLC 127 South Mill St Fergus Falls, MN 56537 (218)739-5476 File Number: 30451 r*‘ ■. i ■ WARNING; UNAUTHORIZED COPYING pF THIS FORM PROHIBITED. " ."I.. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, July 11, 2019 The Otter Tail County Board of Adjustment met Thursday, July 11, 2019, with the following persons in attendance: David Wass Darren Newville Douglas Larson Thomas Lee Chris LeClair, Director, Land & Resource Management Kyle Westergard, Assistant Director, Land & Resource Management Ben Olson, Assistant County Attorney Kenneth Vorderbrugen - Absent Steve Schierer Called to Order - Steve Schierer, Chairman called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the June 13, 2019 meeting. The Board of Adjustment considered the following application(s) for variance: ^ Robert & Kae Honeman - Variance Application Approved with Condition (6:32 p.m.) Robert & Kae Honeman, Lot 30 of Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested the following: Option No. 1 - Request to put a second story on an existing 24' x 28' Detached Garage being 24' high. Currently the structure is a one stall garage & rec room. The proposal will allow us to be a 2-car garage below and half workshop/storage above. Requesting a 4' Variance to be 24' Tall required height restriction is 20'. The proposed 2nd story addition to detached garage will be 15' from the Road Right of Way required setback is 20'. In 2004 there was a variance granted which allowed the detached garage setback to be 15' from the Road Right of Way. Currently there is one detached garage on Heilberger Lane that is over 20' in height. Option No. 2. Request to construct a 24' X 24' Detached Garage 15' from the Road Right of Way in order to meet the Lotline Setback. Required setback is 20'. David Wass recused himself from this application. Robert Honeman represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and unanimously carried to approve Option #1 to place a second story on an existing 24’ x 28’ Detached Garage as described in the Variance application dated June 6, 2019 with the condition that the pitch of the roof can be no more than a 3/12 pitch and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. It was noted that the property is at the end of a cul-de-sac and by having a 3/12 pitch should reduce the height of the detached garage to be under 24’. The variance as approved does not directly or indirectly grant any other variances for fumre development. Joshua & Alison Kasowski - Denied (6:45 p.m.) Joshua & Alison Kasowski, W 41’ Lot 8 Ex W 16’ Lot 9 of Provan Beach, Pelican Lake in Dunn Township, requested the following: Requesting a 13’ Variance from the road right-of-way to be 7’ from the road. The road right-of-way setback is 20’. Requesting to change existing driveway impervious surface into a 25’x25’ garage. Maximum allowable building impervious surface is 20%. Requesting a Variance to increase the building impervious surface 1.85% for a total of 21.85% building impervious surface total. The total impervious surface on the lot is 47%. The total number will not increase. Requesting a Variance to remain at 47% total impervious surface. Maximum allowable total impervious surface is 25%. Joshue Kasowski represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Douglas Larson to approve the proposed variance with the condition that the impervious surface cannot exceed 32%. Steve Schierer rescinded his motion and made a new motion, seconded by Douglas Larson and unanimously carried to deny the variance as requested as the impervious surface coverage on the lot is too high being at 47% and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Page I 1 of 4 July 11,2019 LAND & RESOURCE MANAGEMENTOTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falis, MN 56537 COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Robert & Kae Honeman 25497 Heilberger Lane Erhard MN 56534 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion-System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, July 11, 2019 at 6:30 p.m. in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail County Land & Resource Management office prior to the date of the public hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, piease listen to the iocal Fergus Falis Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possibie rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No.- 28000990331000 Lot 30 - Heilberger Lake Estates Section 10, Township 134, Range 42 Township Name - Friberg Heilberger (56-695), Recreational Development (RD) 25497 Heilberger Ln., Erhard MN 56534 Lake Name/Number/Class; Property Address: The variance requested is the following: Option No. 1 - Request to put a second story on an existing 24' x 28' Detached Garage being 24' high. Currentiy the structure is a one staii garage & rec room. The proposai wili ailow us to be a 2 car garage beiow and haif workshop/storage above. Requesting a 4' Variance to be 24' Tail required height restriction is 20'. The proposed 2nd story addition to detached garage wiii be 15' from the Road Right of Way required setback is 20'. In 2004 there was a variance granted which allowed the detached garage setback to be 15' from the Road Right of Way. Currently there is one detached garage on Heilberger Lane that is over 20' in height. Option No. 2. Request to construct a 24' x 24' Detached Garage 15' from the Road Right of Way in order to meet the Lotline Setback. Required setback is 20'. June 27, 2019 Amy Busko Board of Adjustment Secretary ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 SCALE DRAWING FORM 0 00 Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements. OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). Scale I h‘»'^ ^ 2.-t r £5/tsh>i‘J t'n' % \o Signature of Property Owner Date BK —032014 354.120 • Vicjor Lundeen Co. Printers • Fergus Falls. MN • 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. (!://^ / zo / <^ / Lot Area (ft^): Buildings Date:Signature: Other Impervious Surface ProposedExistingProposedExisting Ft^Ft^Ft^Ft^ Deck(s)Dwelling goo Patio(s),t)gC.V -j?\jy ^ Attached Garage IS bslJL'T ^uVkO Sidewalk(s)Detached Garage '1/ Landing(s)Storage Shed UH MMDDriveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous I3U’ Landscaping (Plastic Barrier) Miscellaneous I3^U>TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Lot AreaProposed TotalExisting Ft^Ft^Ft^Ft^Total Buildings <7O‘00l^(j,0 !6%>100X+-i- Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaTotal Buildings + Other Impervious Surface Existing Proposed Total Ft^ Ft^Ft^ Ft^ ^4 1 ihto h*'" 100+-r X=: Opbon — 3GCeO --Impervious Surface Calculation Worksheet 03-25-2014 o-nl I oo n-7^j 781272 ■■'0'\County of Otter Tail I hereby certify ihat the within instrument was filed tor record in this office on / dav of .^^LA.D. I9£§'at and was duly Microfilmed as ^ . ^ *' County Recorde’r APPLICATIION FOR VARIANCE FROM OTTER TAIL COUNTY. MINNESOTA iSOSHlReceipt No. HG. 00Application Fee $ Deputy OioesaersLast Name J (g.rr Ma/ SC.S'5‘i L1Owner:Phone: First Middle rR I feic //6rr Pr~h\ard CityStreet & No.State Zip No. J^e^i / her(^S ^ 9 G'KnerLake No.Lake Name Lake Class /M I10 ber QSec.Twp.Twp. NameRange Legal Description:I t n L r Fire No. or Lake ID # tsTU,+t?^1-iei I her get-L of 3 0 .j -666 - '0331 - OOOParcel Number VARIANCE REQUESTED IS: We rec^uesf" € a a d an -Prom locc&ed af -fh-6’ end vv 1 ^ Ol •for-Q lAV'(X. ^ P f • jg' Ft. -Phe road Vccrtaioce- l/car\a'^r-€ Pbr- oar r 10h t-oP ' ioa.^ . O'? <a ^^4 Qarag ^ bed uJ^1m f ^p^ninsalo. oar pro per tSin.ee dfiLS i5 ^lar MeOLr- rouad ln_Om-e ^ cd-c Feel 4He. need For bo+h sWl-tirea -f6 be located ^2s uJe. bade n lo.Ced 4V)-em ^ an d fzop'C li^Cuf b| ou '■^06 \ /(xr (a n ep a, re^nired ^ ) )fl ^rant t4ig.r?Jr , VO I 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 Tall County. P/o‘f Application dated 19 SlSnBture Ot Applicant 9^"<7- 7Date of hearing: ____ MOTION AS FOLLOWS: 19 Time:M tlotion was made by Randall Mann, seconded by Craig Anderson and unanimously carried, to approve a variance of 5' from the required road right-of-way setback of 20' for the placement of a 24' by 28' garage 15' from the road right-of-way, to deny the variance as requested for the 8' by 8' shed and to allow the applicant 60 days to either locate the 8' by 8' shed in a location that complies with the ordinance or to remove the 8' by 8' shed from the property. Chairman Otter Tail County Board of AdjustmentXPermitfs) from Land & Resource Management required:NOYES mailed copy of Application to Applicant.(Date/Initial) MKL — 0483-001 256.371 — Victor Lundeen Co., Printers. Fergus Falls. Minnesota ;; SurL^jda-! '4J.-0 f'O 3S(a - id-\//LA^sj.yr 4".'•■'I f\.£.d / i I /vuzv iM(/ acv d^-/y V' —' I Li -U •;>p' jsa/ :■•- i,iiK •1 .'• September 7th, 1995 - Page 4 Terry L. Singsaas - Approved Terry L. Singsaas, Erhard, MN, requested a variance of 5' from the required road right-of- vay setback of 20' and a variance of 18' from the required road right-of-way setback of 20' for the placement of a 24' by 28' garage 15' from the road right-of-way and for the placement of an 8' by 8' storage shed 2' from the road right-of-way. The property is described as Lot 30, Heilberger Lake Estates, Heilberger Lake in Friberg Township. The audience was polled with Gordon Hanneraan, Chairman of Friberg Township, expressing concerns regarding road maintenance. Letters from Floyd and Pat Mitzel, Keith Doose and Max Olson, in favor of the applicant's request were read for the record. After consideration, motion was made by Randall Mann, seconded by Craig Anderson and unanimously carried, to approve a variance of 5' from the required road right-of-way setback of 20' for the placement of a 24' by 28' garage 15' from the road right-of-way, to deny the variance as requested for the 8' by 8' shed and to allow the applicant 60 days to either locate the 8' by 8' shed in a location that complies with the ordinance or to remove the 8' by 8' shed from the property. Russell Bailey - Approved Russell Bailey, Battle Lake, MN, requested a variance of approximately 2' from the required side lot line setback of 10' for the construction of a 22' by 24' garage approximately 8' from the side lot line. The property is described as part of Reserve A, Martee Beach, Blanche Lake in Everts Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by Leslie Estes and unanimously carried, to approve a variance of approximately 2' from the required side lot line setback of 10' for the construction of a 22' by 24' garage approximately 8' from the side lot line. It was noted that the garage will be no closer to the side lot line than the existing structure and that ingress and egress for the garage is at a right angle with the road. Hardship being a substandard lot of record. Charles Lynn Johnson - Denied Charles Lynn Johnson, Fergus Falls, MN, requested a variance to construct a new dwelling 12' in front of the string line. The property is described as Lot 19, Shirley Beach, Otter Tail Lake in Amor Township. The audience was polled with no one speaking for or against the request. Letters from Steve and Ron Hukriede, Larry and Ellen Zenner and Dick and Lorna Young, in favor of the applicant's request were read for the record. After consideration, motion was made by Cecil Femling, seconded by Craig Anderson and unanimously carried, to deny the variance as requested and to allow the applicant to build up to what string line would permit. The applicant must stay at least 10' away from the septic tank. !Scale: Each grid equals _feet/inches GRID PLOT PLAN SKETCHING FORM Dated:.19 ‘ ■ I . ' I , 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. 1 i I I !;;1 ;,1 ;L '!1 ;; \ :!^ \ ■■1 I :1 ■^5 a. C!- r ;!:::J:\;A,.'; o9'A :J 9-\:d \4^:i .I T SME»;:1.'- ' L-:■) \!;i.GARAGE j.I ;0$1 J.A /V\A^ ; OLSD/^{I I ^ 0II ■0;wooded 1 vJi;}!OARtA ;mf ;rr.I :If/OUSB g1 1-fiO/P' _ i ! '■J :P^ci^IS Sf^Pr/c/•;i :pLpor Bo.e I .•\I ; \I ;(l6l u f f IL r' t I i ;/; 'iI1 ;I ;1 ! I I !I 1 '' ! ; I ; 1 MKL-0871-029 21598 7®VICTOR LUNOeCN CO.. PRIHTCftS. FCRCUS FALLS. MINN. OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 27th day of June, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Property Owner Township Clerk Lake Association Robert & Kae Honeman 25497 Heilberger Lane Erhard MN 56534 Kathi Budke, Clerk Friberg Township 31289 Co. Hwy3 Fergus Falls MN 56537 N/A City Clerk (if located within 2 miles of a city) N/A (Q Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Big McDon^d:uu Devil rar Perham): [onald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Little Little H^e a^ig Pine: Pelic^, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake:South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 13'^> Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Planning Commission Member: David Wass, 29133 260'^ St. Underwood MN 56586 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number OF Notices & Envelopes to Print FileDated: June 27, 2019 5Extra BOA Members PC Member Envelopes / 3 TOTAL NOTICES TO PRINT ^ r^^ded to Agenda AJj +o I i/fPrint out Findings of Fact Sheet Newspapers Amy Busko, Secretary Otter Tail County Board of Adjustment s I FOF Arny Busko By: l:\BOA\Affidavits\Honeman (695) 07-11-19.docx Buffer Parcels Addr 2 Citv St Zip Fergus Falls MN 56537 1706 Addr 1Parcel No Name 1 Name 2 1520 Somerset Rd28000100068005 Eric O Boe Hankinson ND 58041 028028000990325000 William G 8( Jean Wurl PO Box 280 Saint Paul MN 55116 164528000990326000 Patrick T & Jean E Keating 1427 Bayard Ave Erhard MN 56534 944928000990328000 Gladys Moline Tstee 25469 Heilberger Ln Otsego MN 55301469128000990329000 Robert L & Pamela L Harrison 6358 Manchester Ave NE Erhard MN 56534 9449Michael J Gerdes 25493 Heilberger Ln28000990330000 Erhard MN 56534 9449Robert & Kae Honeman 25497 Heilberger Ln28000990331000 Erhard MN 56534 9449Troy A & Lisa A Workman 25486 Heilberger Ln28000990332000 Erhard MN 56534 944928000990333000 Ralph & Donna Butterfield 25482 Heilberger Ln Plymouth MN 5544148531304 Medicine Lake Dr W #31628000990334000 Thomas Sneed Waubay SD 57273 009328000990335000 Jon W & Margery A Stephenson PO Box 93 Walcott ND 58077 028000990336000 Gregg L & Nancy M Johnson 16976 62nd St SE Fergus Falls MN 56537 2114617 Lakeside Dr W28000990337000Fritz M Karsnia Fergus Falls MN 56537 17061520 Somerset Rd28000990356002 Eric 0 Boe Page 1 of 1Mondav, June 10. 2019 Buffer Mail City, State, ZipAddress i Address 2Name 1520 Somerset Rd Fergus Falls MN 56537 1706Eric 0 Boe Ralph & Donna Butterfield 25482 Heilberger Ln Erhard MN 56534 9449 Erhard MN 56534 9449Michael J Gerdes 25493 Heilberger Ln Gladys Moline Tstee 25469 Heilberger Ln Erhard MN 56534 9449 Robert L & Pamela L Harrison 6358 Manchester Ave NE Otsego MN 553014691 Robert & Kae Honeman 25497 Heilberger Ln Erhard MN 56534 9449 Gregg L & Nancy M Johnson 16976 62nd St SE Walcott ND 58077 0 617 Lakeside Dr W Fergus Falls MN 56537 2114Fritz M Karsnia Patrick! &Jean E Keating 1427 Bayard Ave Saint Paul MN 55116 1645 1304 Medicine Lake Dr W #316Thomas Sneed Plymouth MN 55441 4853 Jon W & Margery A Stephenson Waubay SD 57273 0093PO Box 93 Troy A & Lisa A Workman 25486 Heilberger Ln Erhard MN 56534 9449 William G & Jean Wurl Hankinson ND 58041 0280PO Box 280 Page 1 of 1Monday, June 10, 2019 Office, of County Recorder County of Otter Tail I hereby certify that the within instrument was filed for record in this offiM on / dav of lefe and was duly Microf:Hncd as Poy!3X^»« « ^ ~ ~ ^ County Recorder f^y 781272 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA (crrt I30SHIReceipt No. 00Application Fee $ Deputy .Sio 737-4 2 A/1 aX_____.,3^ S 3 ^ LSQg S Last Name ) Owner:Phone:MiddleFirst <Rl fyO-< I/&CC f^r-h) aro! City Stale Zip No.Street & No. He / / h-e rt^KnerLake ClassLake Name Twp. V Lake No. i he10 3rSec. Range Twp. Name ^QgOLegal Description:I 1 r" L t Fife No. or Lake ID #uixX^ tsra-h?^l-|ei I ber^ej-Loi 3 0 - -0331 - OOOParcel Number VARIANCE REQUESTED IS: -for G u r\AI c. € and an -Prorr> a ^ P-J'. jg' ft. -Ph^ road loco-hedi aP end V(5ln a no o Ucartar?r< Pbr 0<^n r h t'oP ^ ioa^ , oP Cl ^^4 \duldesac bord&nn^ Oa<" propert-u. tSmce -fh.i.s |6 riu-v- \ie(X'<"- round h.Ono.e ^ uJc Teel +foe need fc sfrachares +c <3s ulc W p lt:TC^d , i3nd h.op^ rhcLf Ljoa iVt!i ^rariT UOLeta r\ce<L 4PtaP dre re^uir'edr Pfan.k . qarag ^ bed u]e 1m f >e a r I 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 requirement ofJhe Shoreland Management Ordinance of Otter Tail County. P /6 4 19Application dated . X Signature Of Applicant 19 9^^ .9 7 MTime:Date of hearing: ____ MOTION AS FOLLOWS: Motion was made by Randall Mann, seconded by Craig Anderson and unanimously carried, to approve a variance of 5' from the required road right-of-way setback of 20' for the placement of a 24' by 20' garage 15' from the road right-of-way, to deny the variance as requested for the 8' by 8' shed and to allow the applicant 60 days to either locate the 8' by 8' shed in a location that complies with the ordinance or to remove the 0' by 8' shed from the property. Chairman Otter Tail County Board of AdjustmentXNOYESPermitfs) from Land & Resource Management required: ^/rJy mailed copy of Application to Applicant. (Date/Initial) MKL - 0483-001 258.371 — Viaor LundMn Co . Printers. Fergus Falls. Minnesota ■ fb'uosM ;/;':uc^ '-ii " 1'-. •• 3.1 " .-n •• :.i .til ■ 'III 'll :;i ui' ■ J. '1.1 SunJiA(LajL)' ' I? I b <■ .■JtilUa../LLC, fO ^2' dO>^ » jysL£i i^hlA/f.tAf i’ia/iA tfSie'ix4 / ^ ,:is - Ss V JM S'e^7 <:1/37.7 35a 3S3/ A' i.V ■:' ‘,1 ; I-fill; September 7th, 1995 - Page 4 Terry L. Singsaas - Approved Terry L. Singsaas, Erhard, MN, requested a variance of 5' from the required road right-of- way setback of 20' and a variance of 18' from the required road right-of-way setback of 20’ for the placement of a 24’ by 28' garage 15' from the road right-of-way and for the placement of an 8' by 3’ storage shed 2' from the road right-of-way. The property is described as Lot 30, Heilberger Lake Estates, Heilberger Lake in Friberg Township. The audience was polled with Gordon Hanneman, Chairman of Friberg Township, expressing concerns regarding road maintenance. Letters from Floyd and Pat Mitzel, Keith Doose and Max Olson, in favor of the applicant's request were read for the record. After consideration, motion was made by Randall Mann, seconded by Craig Anderson and unanimously carried, to approve a variance of 5' from the required road right-of-way setback of 20' for the placement of a 24’ by 28' garage 15' from the road right-of-way, to deny the variance as requested for the 8' by 8' shed and to allow the applicant 60 days to either locate the 8' by 8’ shed in a location that complies with the ordinance or to remove the 8' by 8' shed from the property. Russell Bailey - Approved Russell Bailey, Battle Lake, MN, requested a variance of approximately 2' from the required side lot line setback of 10' for the construction of a 22’ by 24' garage approximately 8' from the side lot line. The property is described as part of Reserve A, Martee Beach, Blanche Lake in Everts Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by Leslie Estes and unanimously carried, to approve a variance of approximately 2' from the required side lot line setback of 10' for the construction of a 22' by 24' garage approximately 8' from the side lot line. It was noted that the garage will be no closer to the side lot line than the existing structure and that ingress and egress for the garage is at a right angle with the road. Hardship being a substandard lot of record. Charles Lynn Johnson - Denied Charles Lynn Johnson, Fergus Falls, MN, requested a variance to construct a new dwelling 12' in front of the string line. The property is described as Lot 13, Shirley Beach, Otter Tail Lake in Amor Township. The audience was polled with no one speaking for or against the request. Letters from Steve and Ron Hukriede, Larry and Ellen Zenner and Dick and Lorna Young, in favor of the applicant's request were read for the record. After consideration, motion was made by Cecil Femling, seconded by Craig Anderson and unanimously carried, to deny the variance as requested and to allow the applicant to build up to what string line would permit. The applicant must stay at least 10' away from the septic tank. Scale: Each grid equals feet/inches ____ GRID PLOT PLAN SKETCHING FORM r Dated:19 7^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. t e Sa (L \ "S'i GARAGE15^r /vRA^ OlW (N^/6W)i- wooded Kf-House\ i\ T—!^- (m r Fl«ff,i_ I -* j 21S98 7®MKL-0871-029 VICTOH LUNDCtN CO.. PRINTCRS. FEUCUO FALLS. MINN. i APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA «71713 m ~ Receipt No. Application Fee $ 'Owner:Phone:-V Last Name First Middle 4l% Cjf^ujood 'stVeiVsi No. Ciw ' G/M)i State Zip No. /■h^iLake No.Lake Name Lake Class i3i rQ10LSec.Twp.Range Twp. Name i Legal Description:Fire No. ix)+ JO d'f }'ki/kfjar LoJk ts^ Parcel Number Explain your request: /JkeX Mrtrv^ A-^ri/uzJ? Ae CK ^0 ^ ^ ^ ~Xkk^ %JiQ Oyy^ ~Xrvis^^ ^ /m/^ /Y'^tryU!/CSJl In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICI ANT 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 County. I understand I must contact my township in order to determine whether or not any additional variances and/or permits are required by the township for my proposed project. H 19 . XApplication dated. — DO NOT USE SPACE BELOW— 19.Time M.Date of hearing Court House, Fergus Falls, MN. 56537 19____WITH THE FOLLOWINGDEVIATION APPROVED this_____ (OR A TTACHED) REOU!REMENTS: day of. Olfce Of CourttyCpynty ^ Ottsf Ta8 66 the — Courts 26a " .fltBBM Signature: Chairman Otter Tail Board of Adjustment. V ^ MKL 0483 001 231,616 — Victor Lundeen Co.. Printers, Fergus Falls, Minnesota F 1 2 -May 5, 1988Board of Adjustment Jack Earner, RichriMIe, MN, represented by Catherine Barner, requested permission to construct a 10' x 12' screen porch 50 feet from high water line, on Lot 12 & 13 of Oakridge Beach, Amor Township on Otter Tail Lake. Robert Madsen speaking. After consideration, motion was made by David Trites to approve, hardship being there are other boat houses and other dwellings to the north that are within this distance to the lake, perhaps closer; topography would prohibit another project Such as this. The motion was seconded by Daniel Oehler and carried with John Everts and Craig Anderson abstaining. Charles E. Retry, Fargo, ND, requested permission to build a 10' x 16' screened porch over existing deck, 90 feet from high water mark, on Lot 9 of Paul Lake Reserve, Edna Township, on Paul Lake. After con­ sideration, motion was made by George Walter, seconded by John Everts and unanimously carried, to deny, no adequate hardship shown. Marty Malmberg, Fargo, ND, requested permission to place an 8' x 10' storage shed 40' from lake on Lot 30 of Heilberger Lake Estates, Friberg Township on Heilberger Lake. After consideration, motion was made by John Everts to deny, no adequate hardship shown, in deference to the concerns of the Friberg Town Board. The motion was seconded by Craig Anderson and carried unanimously. Donna Anderson, Erhard, MN, requests permission to replace a 62' mobile home with a 70' mobile home, on Lot 3A, Matson Survey Lots of G.L. 2 & 3, Section 28, Lida Township, on Lake Lida. After consideration, motion was made by George Walter, seconded by John Everts and unani­ mously carried, to approve, applying the "string test", no closer to the lake than a line drawn between the neighbors buildings on either side. Robert & Ella Lewis, Perham, MN, requested permission to split a par­ cel containing two homes, for the possible sale of one of the homes, in the NWJsNEL, of Section 36, Corliss Township. Parcel split to be less than 2'^ acres in size, requesting no platting or surveyor's drawing. After consideration, motion was made by Craig Anderson to approve, provided he can get his description from a government survey line in even feet, in 90° angles, as per previous stipulations in situations such as this. The motion was seconded by John Everts and carried unanimously. JACK BARNER APPROVED CHARLES E. RETRY DENIED MARTY MALMBERG DENIED DONNA ANDERSON APPROVED ROBERT & ELLA LEWIS APPROVED tabled from the previous meetingSherman Mandt, Perham, MN, request was withdrawn.SHERMAN MANOT WITHDRAWN Larry Gruenberg, Moorhead, MN, request tabled from the previous meeting for placement of a home on an existing foundation less than 100 feet from the lake, on Lot 1, Silverview Park, Everts Township in Silver Lake. up with collage to the west. The motion was seconded by Craig Ander­ son and carried unanimously. LARRY GRIIENBERG APPROVED Motion was made by John Everts to approve variance, lining Brian W. Johnson, Clarissa, MN, request tabled from previous meeting to construct a 10' x 18' beach house, on Lot 13, Sunset Beach, 1st Add'n, was returned for final action. Motion was made by John Everts, seconded by David Trites and unanimously carried, to deny, no adequate hardship shown, with other alternatives available, affirming objections from the previous meeting. BRIAN JOHNSON DENIED SyWia Bergerud , Secretary