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HomeMy WebLinkAbout28000990367000_Variances_09-02-1993^ WitiVru VI vwviik? 1 . .County ot Ottor Tail \' I hsfsby certi.'-j^hat the within instrument was filed tor ret^d irt this office on the « /O—— day ot e. 0. 19^ iXflllSC n and wasseuly Microfitmed as Doc. # 1 if County Rearder _____Deputy 750213 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA ///^o7Receipt No. Application Fee $ 701-235-1043WilliamOwner: Marhi nson EugeneMiddle Phone: Last Name First 58102NDFargo42 - 36th Avenue NE Sfreef & No.City State Zip No. Lake ClassLake Tonseth56-690Lake No.Lake Name 42W134N Friberq4Sec.Twp. Range Twp. Name Legal Description:F4540Fire No. or Lake ID # Lot 11 Tonseth Heights 28 - 000 - 99 - 0367 - 000Parcel Number VARIANCE REQUESTED IS: My cabin has a poor roof construction because of the way prior expansions were done. The flat slope and multiple lines cause reliability problems and make expansion difficult. The desire is to build a new clean roof with conventional pitch over the top and at the same time add badly needed space. Square footage would increase from about 450 now to about 1000. Appearance is enhanced and the building squared to allow an even roof line. 1). Request a variance of 60' from the required 100' setback from the OWHL for construction of the two additions and the new roof. The addition would not be any closer to the lake than the existing structure. 2). At the Oct. 2, 1992 meeting, a variance was granted for a 24'X26' garage. I have determined that a third stall is needed, this motion is requested to allow a 24'X36' garage with no affect to setbacks. Note; the 36' width dimension is parallel to the shoreline. Therefore, a revision to 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 County. 3SApplication dated 19 Signature OI Applicant 19__5^. pDate of hearing:. Time:M MOTION AS FOLLOWS: ^ unanimously carried, to approve a variance of 60’ Ordinary high water level setback of 100' for the construction of the two additions and for the construction of a new roof and to approve a revision to the October 1992 variance that approved the constructilin of a 24 by 26 garage and to permit the applicant to construct a 24' by 36' garage. The granting of this variance will be Hardship Chairman Otter Tail County Board of Adjustment Permit(s) from Land & Resource Management required:YES NO mailed copy of Application to Applicant.T(Date/Initial) MKL — 0483-001 258.371 — Victor Lundeen Co.. Printers, Fergus Falls. Minnesota p c*^ County of Otter Tail (r v/ I hgraby cmHy tut Dw »Miln IratniinM lor record ki Ms'offica on Ita __. lo A D and wtt duly McrcrfHmad m Dk 735175 APPLICATION FOR VARIANCiE FROM OTTER TAIL COUNTY, MINNESOTA MO Mod doy of Coudy Racotrkr Receipt No. Application Fee $ Owoly Martinson William 701-235-1043EugeneOwner:Phone: Last Name First Middle 42-36th Avenue NE Fargo North Dakota 58102 5ira«r i No.Oty State Zip No. 56-690 Tonseth RDLake NameLake No.Lake Class 4 134 42 FriberqSec.Twp.Range Twp. Name f^5HOLegal Description:Fire No. or Lake ID » Lot 11 Tonseth Heights 28 000 99 0367 000Parcel Number VARIANCE REQUESTED IS: To the 100 ft. setback requirement from OHWL for Normal Structures: My plan is to build a utility structure for storage purposes. My lot is very wide but shallow in depth. The existing cabin is located on one end of the lot. This structure is to be located at the other end of the lot near the beach area and where the lot is lowest for creating water access. (There is not a public access to this lake.) In the area where the structure is to be built, the lot is only about 115 ft. deep. The setbacks require 120 ft. plus the depth of the building, making the standard impossible to comply with. The best treatment for locating this structure is to position it about mid-way between the road and the OHWL. Therefore, the request is to put the structure inside the 100 ft. setback requirement but not closer than 50 ft. of the OHWL. The current plan is to build about 55 ft. back which is what is staked out. All other setback requirements will be met. I also own Lot 10 which adjoins Lot 11 on this end. K lY As' TVFg. I (30’OHWL, 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 County. I understand I must contact my township In order to determine whether or not any additional variance and/or permits are required by the township (or my proposed project. Signatbre Of Ap^icsnt 9-g ?a. ■Application dated 19 19_^yo* ^Date of hearing: _____ MOTION AS FOLLOWS: Motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to grant a variance to allow the applicant to start construction of a 24' by 26' structure 20' from the \sW road right of way, ‘ ^ . Time:M Chairman Otter Tail County Board of Adjustment NOPermit(s) from Land A Resource Managepaent required:YES mailed copy of Application to Applicant.(Date/fnitial) MKL — 0483-001 25B.371 Victor Lundoon Co.. Printors, Fergus Felts. Minnesota ‘ N V \! XT'I 13. Q I /V ^ \\ h'-A ...4o 1« •■ ' -v»Ki Cv. i VJ ‘L t . '-C, f t /114 N✓. V M'h I ,.. (/'I'7 / /I/ '.i^c.r‘.- -J i?>7 12 O0 1 ,K r T*"** ^,:q•V<rJC ■5 5 • t't-'>A ' 5^»•-f «L ': r.-: ■ri b<oW-7- H 0W>^ ?ei>t Lots iM n. .11: 4.^ Ci*r . # t L. \/y u —•4 10 \— V 1.0Scale: Each grid equals feet/inohoa GRID PLOT PLAN SKETCHING FORM 7'K 93Dated: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. r 9 f ' • -• -r- r r •- ♦ .. -•-i i♦' ; ■-rs-se It4^A' k \ i' - -4.........., k L ^6* I I ao' —♦ 1 I MKL-0871-029 21598 7®VICTOe LUNOBCN CO.. PRlNTCea. FEftCua FALLS. UINN. / Ty >00 '■-r. Notice of Hearing for Variance Otter Tail County Fergus Falls, Minnesota 56537 Applicant must be present at the scheduled hearing. To Whom It May Concern: William Martinson 42 - 36th Ave. NE Fargo, ND 58102 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 Subdivison Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on September 2nd, 1993, at 9:00 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 Lot 1 1. Tonseth Heights, Fire^ F4540 Section 4. Township 134, Range 42 - Township Name - Friberg Lake No. 56-690, Lake Name - Tonseth, Class - RD The variance requested is: a variance of 60’ from the required ordinary high water level setback of 100' for the construction of two additions and for the construction of a new roof. The applicant is also requesting that the variance granted in October of 1992 that permitted the construction of a 24" by 26' garage be revised to allow for the construction of a 24' by 36' garage. (/3/V- 93./lbUrf\a Board dr Adjustment SecretaryDate 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 Tail County, Minnesota do hereby certify that on the 16th day of August attached Notice of Hearing was duly served upon the following; , 1993 the William Eugene Martinson, 42-36th Ave NE, Fargo, N Dak 58102 Duane Mavis, Twp. Clerk of Friberg, Rt. 1 box 99, Erhard, Mn. 56534 Richard West, County Engineer, Court House, Fergus Falls, Mn 56537 Mr. Terry Lejcher, DNR, 1221*5 E Fir Ave, Fergus Falls, Mn. 56537 Department of Natural Resources, Regional Administrator, 2115 Birchmont Beach Rd NE Bemidji, Mn 56601 Town Board Chairman of Clerk Health Department, Court House, Fergus Falls, Mn. 56537 FF Fish & Game Club Inc. Box 5, Fergus Falls, Mn. 56537 BOARD OF ADJUSTMENT: Craig Anderson, RR, Ottertail, Mn. 56571 John Everts, Route 2, Battle Lake, Mn. 56515 George Walter, Route 1 Box 314, Perham, Mn. 56573 Berton Olson, Route 3, Battle Lake, MN. 56515 Cecil B Femling, 13 6th St NE, Pelican Rapids, MN. 56572 Dan Oehler, 516 W Cherry, Fergus Falls, Mn. 56537 by placing a true and correct copy therof in a sealed envelope, postage prepaid, and depositing the same in the u. S. Mail at Fergus Falls, MN., properly addressed to each of the above named at the addresses shown above- - #1Dated August 16, 1993 Secretary '7>^BERGREN, PAUL R RR 1 BOX U6C ERHARD, MN 56534 MCCLELLAN, ALAN C & JANICE H mx BOX IIBB ERHARD, MN 56534 MARTINSON, WILLIAM & MARILYN 42 36TH AVE NE FARGO, ND 58102 VORVICK, S HAROLD, & MARILYN & MARTHA 1407 16TH ST S MOORHEAD, MN 56560 ''•V- MOLINE, JAMES S, ET AL % J DOUGLAS MOLINE 504 N ADAMS MASON CITY, lA 50401 FREELAND, GLENN R CUMMINGS, ND 58223 ANDERSON, HENRY 9024 15TH AVE S BLOOMINGTON, MN 55425 —...BOWHftLL, LINDfi E702 WEDBEWOOD DR CHFIMPRIGN, IL 61821 FLOBERG, NORMR R#1 BOX llBfift ERHARD, MN S'' :••• • \\ 1 / j / / BE/ September 2nd, 1 993 Page 5 Federal Baptist Foundation - Approved Federal Baptist Foundation. Santa Ana, CA. requested a variance of 15' from the required ordinary high water level setback of 100' for the addition of a shadow roof over an existing deck. The property is described as Lots 5, 6, 7 and 8. 2nd Addition to Birch Grove. Franklin Lake in Dunn Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, seconded by Craig Anderson and carried with John Everts and Dan Oehler voting no, to approve a variance of 15' from the required ordinary high water level setback of 100' for the addition of a shadow roof over an existing deck. William Eugene Martinson - Approved William Eugene Martinson, Fargo, ND. requested a variance of 60' from the required ordinary high water level setback of 100' for the construction of two additions and for the construction of a new roof. The applicant is also requesting that the variance granted in October of 1992 that permitted the construction of a 24' by 26' garage be revised to allow for the construction of a 24' by 36' garage. The property is described as Lot 11. Tonseth Heights, Tonseth Lake in Friberg Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Dan Oehler, seconded by Cecil Femling and unanimously carried, to approve a variance of 60' from the required ordinary high water level setback of 100' for the construction of the two additions and for the construction of a new roof and to approve a revision to the October 1 992 variance that approved the construction of a 24' by 26' garage and to permit the applicant to construct a 24' by 36' garage. The granting of this variance will be an improvement to the property. The structures will be no closer to the lake than the existing structures. Hardship being a substandard lot of record. Dean R. and Nancy A. Slotten - Tabled Dean R, and Nancy A, Slotten. Fargo, ND, requested a variance of 15' from the required road right of wiay setback of 20' and a variaru's of 5' from the required holding tank setback of 10' for the construction of a 36' by 54' structure. The property is described as Lot 5, Block 2, Engstrom Beach. Big McDonald Lake in Edna Township, A letter from the Edna Town Board opposing the granting of this variance request was read for the record, A letter from Carmen Peters addressing 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 Craig Anderson, seconded by John Everts and unanimously carried, to table this request until the October 7th, 1993, meeting to allow the applicants an opportunity to consider other building plans and to allow the applicants an opportunity to meet with the Edna Town Board, Dennis Martinson, Dawn L. Martinson-Bruesch and Bruce Martinson - Denied Dennis Martinson, Dawn L, Martinson-Bruesch and Bruce Martinson. Fargo, ND, requested a variance of approximately 40' and 50' from the required ordinary high water level setback of 200' for the placement of a mobile home and a variance of approximately 5' and 105' from the required ordinary high water level setback of 200' for the placement of an outhouse. The property is described as part of Government Lot 8, Section 31 of Candor Township on Otter Lake, Letters from Leon and Karin Kratzke and James W. Orsund were read for the record. The audience was polled with Roger Pinke speaking against the variance request. After consideration, motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and to permit the applicants until June 1st, 1994 to correct the situation. SeptQmbQr 2nd, 1Q93 , Page 6 Bruce Mathiason - Tabled i:Bruce Mathiason, Medina, MN, requested a variance to permit a second dwelling on the applicant's property. The ;■ property is described as an 11,45 acre tract in Government Lot 1, Section 6 of Lida Township on Lake Lizzie, The ; audience was polled with no one speaking for or against the request, After consideration, motion was made by Cecil : Femling to request that the applicant apply for a resort license. After additional discussion the motion died for a lack of a second. After additional consideration, motion was made by Craig Anderson, seconded by John Everts and ■ unanimously carried, to table this variance request until the October 7th, 1993, meeting, to permit the applicant time to consider other alternatives, ' Kenneth C. Rye - Approved/Tabled T : Kenneth C, Rye, Perham, MN, requested a variance of approximately 8' from the required road right-of-way setback I; of 20' for the construction of an 18' by 26' garage; a variance of 2'2" from the northeast lot line for the addition of a f 16' by 24' sun room, with storage area, to an existing structure; and a variance of approximately 15'6" from the t required shore impact zone setback of 37'6" for the construction of a deck and sun room. The property is described as Lot 10, Nedberg-Nye Survey Lots, part of Government Lots 1,2, and 3, Section 1 of Edna Township on Devils Lake. The audience was polled with Mark Dockendorff speaking against the granting of this variance, A letter from the Edna L Township Board opposing the granting of a variance from the required road right-of-way setback was read for the I record. After consideration, the following motions were made: 1,) Motion by Dan Oehler, seconded by Craig Anderson I and unanimously carried, to table the variance of approximately 8' from the required road right-of-way setback of I 20' for the construction of an 18' by 26' garage until further information regarding the property lines and road A right-of-way can be provided; 2.) Motion by John Everts, seconded by Dan Oehler and unanimously carried, to approve a variance of 2'2" from the northeast lot line and a variance from the shore Impact zone for the addition of a 16' by 24' sun room, with storage area, to an existing structure with the condition that the 4' by 6' shed be moved behind the building line and be at least ten feet from the lot line. Hardship being the existing location of the present structure, The addition will be no closer to the ordinary high water level than the existing structure and does meet the string line test. The property on the adjacent lot to the east is at least 40' away; and 3.) Motion was made by Craig Anderson, seconded by Berton Olson and unanimously carried, to approve a variance from the shore impact zone setback for the construction of a 3' by 29' attached deck. Kenneth C. Rye has requested that the portion of the above variance request which was tabled at a previous meeting be :: continued until the spring of 1994, After consideration, motion was made by John Everts, seconded by Dan Oehler and J unanimously carried , to table the variance request of Mr, Rye until such time that it would be convenient for Mr, Rye to prepare the information requested and to appear before the Board of Adjustment. Clarification/Reconsideration Scott Dirks, Attorney and Terry Lee Anderson, Surveyor, met with the Board of Adjustment to request reconsideration of a variance request that was heard at the July 1st, 1993, Board of Adjustment meeting. After consideration, motion was made by Cecil Femling, seconded by Bert Olson and carried with Craig Anderson voting no, to reconsider the action of the July 1 st, 1993 meeting. During the process of the discussion it was stated that the applicant Mr, Robert Sammon should have had better information with him at the time of the hearing. It was also stated that the lot does contain a building site that would not require a variance if the ordinary high water level was marked so that proper setback measurements could be made. It was suggested that the ordinary high water mark should be established and that at this time no additional action would be taken by the Board of Adjustment, Mr. Dirks expressed his appreciation for the opportunity to meet with the Board of Adjustment to clarify the existing situation.