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Home My WebLink About32000030035000_Variances_09-16-2006Variances 2 Barcode 128 0^1\V®|ZQOlC) OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was filed/recorded in this office for record on the_L^—day of rV __________2006at3il^m/^m Wendy L. Metealf^County fWorder hy> I L kr>. (jQr]f^ l^cordino f^ ‘^well certifrcate 1007332 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED AUG 15 2006 LAND & REiJOURCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date an DAYTIME PHONE(Tai\.?.\^AV- MAILING ADDRESS v>::). L-cx^g.^ ITv A-X. & e, XVi ^0 Lake class Rb PROPERTY OWNER 5 ^^“3.55 Vlake NAME m e,r~ \—rvV\ . * iRange M P) township name LAKE NUMBER V\QV:Do.r V1373SECTIONTOWNSHIP PARCEL NUMBER E-911 ^ \ ,ADDRESS 0 V>^ 3M CTT T" \-(XVQ--^ a_ Q o (") o 3 C'O '^rb o o LEGAL DESCRIPTION ^ MO TR 557.6 ROAD & LAKE & BEG 620' SW ON SHORE FROM NE COR LOT 11 LONG ALONG & BETWEEN TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. \'2) ~1 / e^\^ocx'V3rv V'< ^5^ ^ (fcX'vsVirxA ■S>^sV<iJrv^ \ 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. / Sra^TtJ^ dp PROPERTY OWNER <0,L(^<yQ DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ^. S'9/VDate Of Hearing Time Motion effrey and Deborah Erickson - Denied. (9:13 p.m.) eptember 14, 2006 Meeting -The audience was polled with no one speaking for or against the variance as requested. After onsideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, with the verbal ermission of the applicant, to table this application until the October 5, 2006 Board of Adjustment meeting to allow the applicants at pportunity to meet with the Land and Resource Department, to contact a system designer/installer and to consider other alternative )cations for the new septic system. The Board of Adjustrhent noted that they would be interested in receiving information from a ertified system designer/installer as to possible other locations for the proposed system and/or information as to why the proposed ite is the best or only location. October 5, 2006 Meeting - A note in the applicants’ file indicated that a site for the system had een located at the 50’ setback mark and that the office can issue the required permits for the proposed system, without a variance, s a best location site so long as a letter of approval is received from the township. After discussion and consideration, Randall lann made motion, second by Steve Schierer and unanimously carried, to deny the variance as requested based on the Land and lesource note in the applicants’ file that indicates that an acceptable site has been located which does not required the granting of < ariance. Chaifm^/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0106-001 V. Lundeen 324855 Tax parceTNumber(s) * * Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. I "s $b'%Scale Impervious Surface RECEIVED AUG 1 5 2006 LAND & RESOURCE I mm I DateSignature of Property Owner BK — 0505 322.180 • Victof Lundeen Co. Printer? • Fergus Palis. MN • 1-800-346-4870 September 14, 2006 Page # 2 David and Marcia Nelson - Approved the variance as requested with a condition. (6:42 p.m.) David and Marcia Nelson, part of Lots 2, 3 and 4, Sunny Beach Resort, Little Pine Lake in Gorman Township, requested a variance of 25' from the required ordinary high water level setback of 75’ for the replacement of a roof on a 30’ by 40’ dwelling located 50’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Paul Larson and unanimously carried, to approve a variance of 25’ from the required ordinary high water level setback of 75’ for the replacement of a roof on a 30’ by 40’ dwelling located 50’ from the ordinary high water level. The Board noted that the proposed project is maintenance to an existing single story flat roof structure and the variance as approved will allow the applicants to improve and maintain this existing structure. George and Joetta Kuprian - Approved the variance as requested with conditions. (6:53 p.m.) George and Joetta Kuprian, part of Government Lot 8, Section 6 of Nidaros Township by Clitherall Lake, requested a variance of 20’ from the required ordinary high water level setback of 100’ for the placement of 12’ by 18’ deck 80’ from the ordinary high water level. Donavan Luhning represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Cecil Femling and unanimously carried, to approve a variance of 20’ from the required ordinary high water level setback of 100’ for the placement of 12’ by 18’ deck, as depicted on the drawing submitted with the variance application, 80’ from the ordinary high water level with the following conditions: 1.) the proposed deck can extend no more than 12’ towards the ordinary high water level and 2.) the proposed deck cannot have a roof or screens. Jeffrey and Deborah Erickson - Tabled (6:59 p.m.) Jeffrey and Deborah Erickson, part of Government Lot 11, Section 3 of Hobart Township by Wymer Lake, requested the following: "Septic system and leech (drain field) lines would be 38’ from lake shore line. Approx. 13-14’ elevation (above lake) and 95’ from center of Co. Rd. 143. Existing septic system inadequate and lines plugged).” Required setback from the ordinary high water level is 75". The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, with the verbal permission of the applicant, to table this application until the October 5, 2006 Board of Adjustment meeting to allow the applicants an opportunity to meet with the Land and Resource Department, to contact a system designer/installer and to consider other alternative locations for the new septic system. The Board of Adjustment noted that they would be Interested in receiving information from a certified system designer/installer as to possible other locations for the proposed system and/or information as to why the proposed site is the best or only location. Randy and Vicky Arntson - Approved the variance as requested. (7:12 p.m.) Randy and Vicky Arntson, part of Government Lot 1, Section 29 of Scambler Township by Pete Lake, requested a variance to subdivide 1.42 acres from an existing 86.15 acre parcel. Minimum size required for metes and bounds parcels within the shoreland area is 5 acres. The audience was polled with no one speaking for or against the variance as requested. Greg, the applicants’ realtor, appeared with the applicant at the public hearing. A letter from Linda Augustus and an email from Joe Clauson in opposition to the variance as requested were read for the record. After consideration and discussion, Cecil Femling made a motion, second by Michael Harris and carried with Paul Larson and Steve Schierer voting no, to approve the proposed subdivision as depicted on the registered surveyor’s drawing, prepared by Anderson Land Surveying, which was submitted with the variance application and is dated February 28, 2006. Those voting in favor of the motion noted that for all practical purposes the proposed parcel is already a separate parcel and based on the applicant’s statement that if the water level dropped to the ordinary high water level the parcel would meet or exceed the minimum size required for platted lots on a natural environment lake. Those voting in opposition expressed concern with the creation of a substandard lot. October 7, 2006 Page # 4 Randy Skow Anderson - Denied/Approved as modified. (8:47 p.m.) Randy Skow Anderson, Lots 46 and 47 Block 3 Crystal Hills, Crystal Lake in Lida Township, requested the following: We replaced rotting decks and stairs in summer of 2004 with a new deck in front of dwelling and lower deck. I request that the upper deck remain as is with the overhang of 9’ over the bluff. The setback requirement is 30' from the top of the bluff. I request that the lower deck remain 25’ from the lake. The setback requirement is 100'. I wish also to install up to 20’ long and maximum high of 5’ a retaining wall starting at the top of the bluff running away from the bluff to minimize erosion. Also requesting a variance of 30’ from the required top of bluff setback of 30’ for the placement of a new dwelling O' from the top of the bluff. The audience was polled with no one speaking for or against the variance as requested. A letter from Marv and Barb Semrau in support of the variance as requested was read for the record. After discussion and consideration, Paul Larson made a motion, second by Steve Schierer and carried, with Cecil Femiing and Leona Zimmerman voting no, to deny the variance as requested for the upper deck, to approve the variances as requested for the retaining wall and the lower deck and to approve a variance of 10’ from the top of the bluff for the placement of a new structure at least 20’ from the top of the bluff. The Board noted that the bluff slopes away from the lake. Hardship is the terrain and topography of the applicant’s property. Timothy and Catherine Posch - Approved the variance as requested. (9:07 p.m.) Timothy and Catherine Posch, part of Government Lot 5, Section 21 of Hobart Township by Rose Lake, requested the following: Revision September 18, 2006 - a variance of 2' from the required side lot line setback of 10’ and a variance of 10’ from the required road right-of-way setback of 20’ for the remodeling of the current garage and for the addition of a second story located approximately 8’ from the side lot line and 10 from the road right-of-way. Requested for the September 14, 2006 meeting - a variance of 58’ from the required ordinary high water level setback of 100’ and a variance of 8’ from the required shore impact zone setback of 50’ for the placement of dwelling with an attached garage 42’ from the ordinary high water level. Approved at the September 14, 2006 meeting - a variance of 50’ from the required ordinary high water level setback of 100’ for the placement of a two story dwelling with an attached garage, (including residential area over the garage portion of the structure) 50’ from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. The audience was polled with no one speaking for or against the variance as requested. A letter from Kent and Laurella Caulfield in support of the variance as requested was noted for the record. After discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried, to approve a variance of 2’ from the required side lot line setback of 10’ and a variance of 10' from the required road right-of-way setback of 20’ for the remodeling of the current garage and for the addition of a second story located approximately 8’ from the side lot line and 10’ from the road right-of-way. The applicants stated that the side walls of the existing garage would not be reconstructed; however, the entry door to the structure would be changed to a single door. Jeffrey and Deborah Erickson - Denied. (9:13 p.m.) Jeffrey and Deborah Erickson, part of Government Lot 11, Section 3 of Hobart Township by Wymer Lake, requested the following: “Septic system and leech (drain field) lines would be 38’ from lake shore line. Approx. 13-14’ elevation (above lake) and 95’ from center of Co. Rd. 143. Existing septic system inadequate and lines plugged).’’ Required setback from the ordinary high water level is 75”. September 14, 2006 Meeting -The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, with the verbal permission of the applicant, to table this application until the October 5, 2006 Board of Adjustment meeting to allow the applicants an opportunity to meet with the Land and Resource Department, to contact a system designer/installer and to consider other alternative locations for the new septic system. The Board of Adjustment noted that they would be interested in receiving information from a certified system designer/installer as to possible other locations for the proposed system and/or information as to why the proposed site is the best or only location. October 5, 2006 Meeting - A note in the applicants’ file indicated that a site for the system had been located at the 50’ setback mark and that the office can issue the required permits for the proposed system, without a variance, as a best location site so long as a letter of approval is received from the township. After discussion and consideration, Randall Mann made motion, second by Steve Schierer and unanimously carried, to deny the variance as requested based on the Land and Resource note in the applicants’ file that indicates that an acceptable site has been located which does not required the granting of a variance. SCMID 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 21st, day of August, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jeffrey & Deborah Erickson, 51214 W Wymer Lake Road, Frazee, MN 56544 Wymer Lake Assoc., 51127 E Wymer Lake Rd., Frazee, MN 56544 Debi Moltzan, Twp Clerk of Hobart, 47634 353'“ Ave, Frazee, MN 56544 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake.MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 David Trites, 20944 Westwood Dr, Clitherall, MN 56524 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: August 21, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment \/ut 4 By: Vi Manderud SCAHiXO / • DANIEL & DOLORES HODGSON 1861 2ND ST WHITE BEAR LAKE MN 55110 3176 DAVID & NANCY L FERGUSON 51508 WYMER LAKE RD W FRAZEEMN 56544 8983 JEFFREY D & DEBORAH L ERICKSON 51214 WYMER LAKE RD W FRAZEEMN 56544 8983 AARON M SMITH & P WALKER 51098 WYMER LAKE RD W FRAZEEMN 56544 8983 AARON M & ANNA M SMITH ATTN PRISCILLA SMITH 51098 WYMER LAKE RD W FRAZEEMN 56544 8983 JEFFREY R & SUMMER JOHANNSEN 51230 WYMER LAKE RD W FRAZEEMN 56544 8983 DANA & SHARON THOMAS 51331 WYMER LAKE RD W FRAZEEMN 56544 8983 CHARLES P THOMAS 51264 WYMER LAKE RD W FRAZEEMN 56544 8983 GALE & R VALBORG SMITH 1320 150TH AVE HENDRUMMN 56550 9429 RUTH M THOMAS 51294 WYMER LAKE RD FRAZEEMN 56544 8983 DANA P THOMAS 51331 WYMER LAKE RDW FRAZEEMN 56544 8983