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HomeMy WebLinkAbout28000990377000_Variances_05-04-20005-M’2000 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # y was filed/recorded in this office * for record on the IL 863717 __day of L. lyietcalf, gounty .Recqr^r^ Qi ^r©Spoty^ .recording fee ^ .well certificate 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 ***/56-Application Fee Receipt Number ^ 3 / 9 <2.5* DAYTIME PHONE 73^ 3-2 IC7PROPERTY OWNER ^0'< //fiP ^ ^ ^ Y” r d YADDRESS LAKE NUMBER - C 9C LAKE NAME~Tc^Sfr~r^ ■f KbLAKE CLASS /3ySECTION TOWNSHIP RANGE TOWNSHIP NAME <r * ^ "To ^T A Ao(J PARCEL NUMBER O-f FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION 1^0 i Q.( ^c-c. o Y - TYPE OF VARIANCE REQUESTED (Please Check) structure Size X Sewage System____ SubdivisionStructure Setback Cluster Misc. SPECIFY VARIANCE REQUESTED /k yto%_.. /L2±. <5I am requesting a variance to build a 40 foot wide by 72 foot long storage building with 14 foot sidewalls. This building would have a 4/12 roof pitch for adequate slope for snow to slide off, as the building would be surrounded by trees and very little wind penitration. This would bring the roof height to approximately 22 feet. The building ^/J would be approximately 750 feet from the nearest lake shoreline. I am selling my farm buildings and plan to move my equipment into this storage building. I need the fourteen foot door height to fit some of my vehicles etc. I understand the ruling is any building within 1000 feet of a recreational lake can be only 18 feet tall, thus I would appreciate it very much it you would grant this variance. accr\.cs ratr ^ p. -6- J<^tiy ^o « 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.j 7 T DATESIGNATUt^E OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) May 4, 2<Q0^}-ly '^tA ■ Ul, C Page 8 7-r^-55 7^52dufi^ 2k> ''/ f -^/ / 0^5"' ^(>1 3 ^(p - 00 3 ^0'00i{ 575 fy? ' y////<soAccepted By Land & Resource L & R OfTicial/Date ^ 3i<2> />,Date Of Hearing Time Motion Glenn Freeland - Approved with a modification. Motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve a storage building having an overall height of no more than 20’. It was noted that this variance approval would be consistent with past actions of the board and would reflect the direction of a proposed rule change. fman/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management . f) i j+- \ Yes (Contact Land & Resource Management) lUji/JTUjt ^ / No ainoCopy of Application Mailed to Applicant And the MN DNR L R Official/bate bk 0198-001 291.306 » Victoi Lundeen Co.. Printers • Fergus Falls. Minnesota Paul T. and Lois Ann Larsen - Denied as requested. I Paul T. and Lois Ann Larsen, West St. Paul, MN, requested permission to re-construct on the same site the concrete foundation of a one story utility building (the northeast corner of which is about 6’ from the property line). This building has been on this same location/site since the 1930’s. It would be an undue hardship to move the structure to another part of the property because one or more mature trees (oak- pine) would need to be cut down or the holding tank re-located. The property is described as Lot 11, Evander Beach, Eagle Lake in Eagle Lake Township. The applicants stated that they wish to rebuild the foundation in the exact same location. The existing structure would be either lifted up or lifted up and removed, the foundation reconstructed and the existing structure placed back on the reconstructed foundation. The audience was polled with no one speaking for or against the request. After consideration, motion was made by David Holmgren, second by Rod Boyer to deny the variance as requested noting that no adequate hardship had been shown and another location for the placement of the utility building does exist which does not require a variance from the required setback standards. The motion passed and the applicants’ request was denied with Rod Boyer, David Holmgren and Mark Steuart voting in favor of the motion as presented. William A. Gerrels - Approved OHWL Variance/Denied Septic Tank Variance. William A. Gerrels, Fargo, ND, requested a variance of 100’ from the required ordinary high water level setback of 200’ for the replacement of an existing dwelling with a new dwelling and garage 100’ from the ordinary high water level and a variance of 1.5’ from the required septic tank setback of 10’ for the placement of a garage 8.5’ from the septic tank. The property is described as Lot 14, Block 1, Y & M Properties, Lake Ida in Candor Township. The audience was polled with no one speaking for or against the request. The applicant noted that the existing garage would be removed and a new garage would be constructed now with the proposed dwelling being constructed sometime in the future. After consideration, motion was made by Steve Schierer, second by David Holmgren and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the replacement of an existing dwelling with a new dwelling 100’ from the ordinary high water level and for the placement of a garage at least 100’, if not more, from the ordinary high water level and to deny the applicant’s requested septic tank variance of 1.5’ as the applicant has adequate space to maintain the required 10’ separation from both the lot line and septic tank with the condition that an existing 171 square foot shed must be removed prior to the issuance of a site permit. It was noted that the granting of this variance would provide a reasonable use the applicant’s property and would enable the applicant to enjoy the same ordinary high water level setback as others in the immediate area. It was also noted that the proposed development would be ahead of the string line as properly applied because of the one vacant adjacent lot, but it was the general opinion of the board members that modification of the string line application was in this instance an appropriate course of action when considering the other development within the immediate area. Hardship is a substandard lot of record. Glenn Freeland - Approved with a modification. Glenn Freeland, Erhard, MN, requested a variance to build a 40’ wide by 72’ long storage building with 14’ sidewalls. This building would have a 4/12-roof pitch for adequate slope for snow to slide off, as the building would be surrounded by trees and very little wind penetration. This would bring the roof height to approximately 22’. The building would be approximately 750’ from the nearest lake shoreline. I am selling my farm buildings and plan to move my equipment into this storage building. I need the fourteen foot door height to fit some of my vehicles etc. I understand the ruling is any building within 1000’ of a recreational lake can be only 18’ tall. The property is described as Lot 21, Block 1, 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 Steve Schierer, second by Cecil Femling and unanimously carried, to approve a storage building having an overall height of no more than 20’. It was noted that this variance approval would be consistent with past actions of the board and would reflect the direction of a proposed rule change. fApril 6, 2000 Page 6 : ■ t Jon and Darlene Gunderson - Denied Jon and Darlene Gunderson, Battle Lake, MN, requested a variance which would allow residential developrnent on five back lots which are substandard by current ordinance requirements and which were created after October of 1971 and before February of 1992. To restore these lots back to the original residential use that was approved on August 10, 1976. The property is described as Lots 1 and 2, Block 1 and Lots 19 and 20. Block 2, Carr’s Subdivision, Walker and Otter Tail Lakes in Amor Township. A letter from John Everts in support of the application was read for the record. The audience was polled with no one speaking for or against the request. Bill Kalar addressed the board concerning this issued and advised the.board of the Planning Commission position. The Planning Commission position is not to recommend changing the ordinance to grandfather in those lots platted after October of 1971 and before February of 1992, but rather to allow individual review of these lots by the Board of Adjustment. The Planning Commission has noted that not all lots platted during this period of time meet today’s building and development needs. After consideration, motion was made by Cecil Femling, second by Mark Steuart and urianimously carried, to deny the variance as requested noting that no adequate hardship had been shown and the granting of the variance as requested would not be consistent with past actions of the board. i- Other Business - James Moline- The application of James Moline was originally scheduled for a public hearing on Thursday, November 18, 1999. Prior to that meeting a,request had been received to table the request until a later date. Since that time the applicant has decided that the requested variance is no longer needed and has requested permission to withdraw his request. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to acknowledge the applicant’s request and to accept the applicant’s request to withdraw his application. Kathleen Wright- Kathleen Wright’s variance’s request was deny on Thursday, March 30, 2000. She has contacted the Land and Resource Department questioning if the Board of Adjustment would allow the dwelling addition to remain if they removed an existing-structure down by the lake. It was brought to the attention of the office and the board that perhaps other work had been done without proper permits. After discussion, the Board of Adjustment indicated by general agreement that they where satisfied with their decision of Thursday, March 30,2000 and were not interested in any tradeoff or compromise as the applicant had not complied with their previous site permit and in fact my have done additional work without first obtaining a permit. f. !■.; November 18,1999 Page 4 Marvin Anderson - Approved with condition. Marvin Anderson, Underwood, MN, requested a variance to subdivide, by metes a bounds description, a tract of less than 5 acres, but meeting the minimum area and width requirements for platted lots on an agriculture classed river. The property is described as Lot 9, Walls River Lots, Otter Tail River in Maine Township. Clem Hendrickson, Surveyor, appeared along with the applicant at the public hearing. The audience was polled with Jerry Swenson speaking for the request. After consideration, motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to approve the variance as requested with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the proposed parcel does has a building site, has adequate room for two on-site septic systems, meets the minimum frontage and area requirements and has public road access. The granting of the variance request will provide the applicant with a reasonable use of his property. Armond Barasa - Tabled Armond Barasa, Perham, MN, requested a variance to subdivide, by metes and bounds description, an existing 2.77 acre tract into two parcels identified as tract A, a 1.15 acre parcel and tract B, a 1.62 acre parcel, as depicted on the applicant’s drawing. Ingress and egress to tract B would be by a 33’ easement across the southerly 33' of tract A. The property is described as part of Government Lot 2, Section 30 of Otto Township by Rush Lake. The audience was polled with no one speaking for or against the request. After consideration and discussion, motion was made by Cecil Femling, second by Randall Mann and unanimously carried, to table this request until the December 9, 1999 meeting for the purpose of receiving additional information and clarification from the County Attorney’s office. Michael and Peggy Bullinger- Denied Michael and Peggy Bullinger, Fargo, ND, requested a variance of 7’ from the required lot line setback of 10’ for the construction of a 10’ addition to an existing garage 3’ from the south property line. The property is described as Lots 10 and 11, Block 1, Pelican Point, Pelican 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, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that the granting of the applicants’ request would allow for the continued use of a prohibited (second dwelling) use. James Moline - Tabled James Moline, Bend, OR, requested a variance to subdivide Lot 21, Block 1 of Tonseth Heights into two parcels without a registered surveyor’s drawing. One tract would be approximately 44,280 square feet. Mr. Moline would like to convey this parcel to Glenn Freeland who plans to construct a storage building on this site. Mr. Freeland owns Lot 14 in the same subdivision. James Moline is retaining the remaining portion of Lot 21 (approximately 96,720 square feet). The size requirements for a back lot on a recreational development lake are 300’ of width and 80,000 square feet of area. The property is described as Lot 21, Block 1 of 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 Randall Mann, second by Les Estes and unanimously carried, to honor the applicant’s request and to table the hearing on this application until a later date. April 6, 2000 Page 6 Jon and Darlene Gunderson - Denied Jon and Darlene Gunderson, Battle Lake, MN, requested a variance which would allow residential development on five back lots which are substandard by current ordinance requirements and which were created after October of 1971 and before February of 1992. To restore these lots back to the original residential use that was approved on August 10, 1976. The property is described as Lots 1 and 2, Block 1 and Lots 19 and 20. Block 2, Carr’s Subdivision, Walker and Otter Tail Lakes in Amor Township. A letter from John Everts in support of the application was read for the record. The audience was polled with no one speaking for or against the request. Bill Kalar addressed the board concerning this issued and advised the board of the Planning Commission position. The Planning Commission position is not to recommend changing the ordinance to grandfather in those lots platted after October of 1971 and before February of 1992, but rather to allow individual review of these lots by the Board of Adjustment. The Planning Commission has noted that not all lots platted during this period of time meet today’s building and development needs. After consideration, motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that no adequate hardship had been shown and the granting of the variance as requested would not be consistent with past actions of the board. Other Business - James Moline - The application of James Moline was originally scheduled for a public hearing on Thursday, November 18, 1999. Prior to that meeting a request had been received to table the request until a later date. Since that time the applicant has decided that the requested variance is no longer needed and has requested permission to withdraw his request. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to acknowledge the applicant’s request and to accept the applicant’s request to withdraw his application. Kathleen Wright- Kathleen Wright’s variance’s request was deny on Thursday, March 30, 2000. She has contacted the Land and Resource Department questioning if the Board of Adjustment would allow the dwelling addition to remain if they removed an existing structure down by the lake. It was brought to the attention of the office and the board that perhaps other work had been done without proper permits. After discussion, the Board of Adjustment indicated by general agreement that they where satisfied with their decision of Thursday, March 30,2000 and were not interested in any tradeoff or compromise as the applicant had not complied with their previous site permit and in fact my have done additional work without first obtaining a permit. PLEASE NOTE from , Apr>L 19, 2000. <■ 4i I84,000± Sq.Ft.k&o°fl204^,m t M'S"60,000 iSq, FI.•7 5 PrcpaScd o 8^o 'S s.fi.ft /o:_<v V.o eepooisq Ft.r-1'^oLj6 1^H X /y' S ■4' /450^ , "S, /cro^^i-r (T 0£i t <■ •at /♦-•j 54,000+ Sq Ft/ 3 21o ft -r141,000+ Sq.Ft.1I\I o 47,000+Ft.\ 2 / Q <0 "o O 48,00ot SqFt.f8'V.1 I ♦ 1' ^ ✓ IS2 +in tr------------------------------go/’l. lot 9 S« 4,1134,R.42/7 41000 I ^12.«4 ?OC Ay- ROAD •«;P DEDICATED so. lina n Br\51400EAST-74l‘±-.- ^■r'K RD.TWF?#MC.^43 SW Cor Go/'l. Lot 9, Sec,4 T. 134, R .42 Sca4, /"■ ^^ /da ' -t o 6|A 1I atK>46t-0) 2 I84,000± Sq.F(.A»o°CVJ u AtoZQ8“II K - > U|j »w yf'#60,000 tSq FI.try 5 Prcp^Sc^A ^Tf;V-CVJ o <?* '7^ 5 / 7^lo ^o/ /d.<to ft 8-/*Z <w i. o 68p00±Sq FI.r-d/o'uJx 7p? 'M< /Jf‘ / y//j /-ooF /’'Tc/ s- ,^/ 1'-^ 4 " r°oF0^ c * 54P00 ± Sq. FI 3 21|0 01I ft141,000+ Sq.Ff.I»\I o 47,000+Sq FI.\ /kip Vr. ' ^ A.2 ^0^s4<y Q aJiT^ ^ t 'i#'* ro 48,000+ SqFI.!?’ 'V I > ✓✓ ISi'tI78.tr78.|«_^^_______ ; || DEDICATED ®° •'"* OW *. w S S«.4,TJ34^R^^ aia.«4 «?'' ROAD ■»B318000EAST-741'± -r #MC.M3K RD.TWF?So SWCor Go/'f. Lot 9,Sec.4 T. 134, R .42 Sc<,4 /'■■' -'' -t Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218)739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Glenn Freeland Box 11SEE Erhard. MN 56534 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, May 4, 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 Lot 21, Block 1, Tonseth Heights, Fire # (Corner of Tonseth Road and Tonseth Lane) Section 4, Township 134, Range 42 - Township Name - Friberg Lake No. 56-690, Lake Name - Tonseth, Class - RD The variance requested is: a variance to build a 40’ wide by 72’ long storage building with 14’ sidewalls. This building would have a 4/12-roof pitch for adequate slope for snow to slide off, as the building would be surrounded by trees and very little wind penetration. This would bring the roof height to approximately 22’. The building would be approximately 750’ from the nearest lake shoreline. I am selling my farm buildings and plan to move my equipment into this storage building. I need the fourteen foot door height to fit some of my vehicles etc. I understand the ruling is any building within 1000’ of a recreational lake can be only 18’ tall. Board of^djustment SecretaryDate: April 14, 2000 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 17th, day of April, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Glenn Freeland, Box 11 SEE, Erhard, MN 56534 Duane Mavis, Friberg Twp Clerk, RR 1 Box 99, Erhard, MN 56534 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Rod Boyer, RR 3 Box 656, Frazee, MN 56544 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 Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: April 17th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud MARSHA <i: DAVID THOHSOM RR i bOK 143C ERHARD, MR 56534-3756 EUGENE D i: DORENE HlLBEuK Rk 1 auK 150 ERHARD, MR 56534-3757 MICHAEL G & viCiijRiA I aUltKt. RR i BOK 147A ERiiARD, MM 56534-3/5/ DaMIEL I d, SGHJIA P GEHLER RR i BOK 63B ERHARD, MM 56534-3726 MARY HARLEY Ef AL 125 ORiuL6 AVE INDIANA, PA 15701 KEVIN D d MARY 6 JUHNSiJN RR 1 BOK 116 ERHARD, MM 56534-3/43 JAMES d aRLYME MOLINE 21210 DOVE LH BEND, OR 37702-3526 GLENN R d JOANNE T FREELAND RR 1 BOK 56B CUMM1NG6, ND 56223-3/62 Print Key Output Page 1 04/11/00 11:55:3057S9SS1 V4R4M0 990521 OTTER Display Device User .... QPADEV0009 PECKERT Inquiry Taxpayer/Legal InfoTC90GD 10 T56 ACS Tax System Bill No. Parcel No. R 19895 R 28000990377000 2000 NameGLENN R & JOANNE T FREELAND CUMMINGS ND 58223 0 District Code 2802Tax CodesTwn/Sch 0028 0548 Spec Dist User Codes TIF District Property NO G Taxpayer GLENN R & JOANNE T FREELAND RR 1 BOX 58B CUMMINGS ND 109840 58223-9782 Address PAS RECORD AlternateLegal Description Sect/Twn/Range 04 Plat 01592 Lot/Block LOT 21 134 042TONSETH HEIGHTS Escrow Other OWNER47323 JOANNE T FREELAND More Legal? N A=CSM B=ASM C=DQ D=NAL E=TR F=SP P=PA S=GS U=CAMA More Addresses? Y Mod? Action?