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HomeMy WebLinkAbout32000230165000_Variances_05-03-2001Variances Barcode 128 5 3 Zoo \ 881688 OFFtCE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # SST was filed/recorded in this office for record on the _d_day of -----—------2001 at/oy^^m ndy L Metbalf, County Recorder __well certificate by: y 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 ISO^Application Fee /3 Z7V?Receipt Number DAYTIME PHONE Xl<t '9^7- Ijlck/ ___________________ PROPERTY OWNER ADDRESS 3c>l‘i~P Hu/^ LAKE NUMBER “-3^ 3 SECTION I'S -f- ,JtLAKE NAME TOWNSHIP I 1, ~7 RANGE W ^ TOWNSHIP NAME PARCEL NUMBER /- ~S7. t)bb V .'^ol4>'T Qt?C> ____LAKE CLASS A/g<. .1-r 1" ^96,7 7 Rit-cFIRE/LAKE I.D. NUMBER Uoirki. LEGAL DESCRIPTION UoV ^ c;^ T<' -*• L.oX~ "L, TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED /? a r / 9 ..'v;h^ tj Vc fi-i ^«A «L-vy . fifro y S"7 '«_tL k“P-A. d.A L*. UiAs »-*- '-'V 'T^ ^ , f 7^ '*7 • 5 ^ bo IV-K- ,o .MtA •s*-^ '•I 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. NATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) Ay^- ff. <iJ^i4'YVUMay 3, 2^1 Page 3Jt'j /f^ /0.-L C / J /1/e ^ ^4v' y V /J -f-t CL^iCaJ 0 i^^i /ol %!ziLOlAccepted By Land & Resource L & R Official/Date l-3o /’■^./y)Ai^TimeDate Of Hearing / Motion Dallas and Mary Flynn - Approved with condition. Motion was made by Steve Schierer, second by David Holmgren and carried, with Randall Mann and Joe Maske voting no, to approve a variance of 143’ from the required ordinary high water level setback of 200’ to allow the existing placement a 1985/1986 cabin 57’ from the ordinary high water level with the condition that no other site permits can be issued for this property until the existing structure is either removed or placed in a location which complies with the requirements of the Shoreland Management Ordinance. It was noted that the existing structure is not visible from the lake. ATOT^^^sion and consideration, a motion was made by Steve Schierer, second by David Holmgren and carried, with Joe Maske voting no, to amend the previously granted motion to read as follows: to approve a variance of 143' from the required ordinary high water level setback of 200’ for the placement of a 1985/1986 cabin 57’ from the ordinary high water level with the condition that no site permits can be issued for newly constructed structures on this property until the existing structure is either removed or placed in a location which complies with the requirements of the Shoreland Management Ordinance. It should be noted that the applicant must obtain an after the fact site permit for any structures which existed prior to the granting of the variance and for which a site permit would have been required had the site permit been obtained before the construction of the structure. dfiairman/Otter'tail County Board of Adjustment Permitj^ required from Land & Resource Management \/^ Yes (Contact Land & Resource Management) No Applicant And the MN DNR 0/Copy of Application 'R Offidal/Date bk 0198-001 291,306 • Victor Lundeen Co., Printers • Fergus Falls. Minnesota May 10, 2001 Page 4 Mark Lee McColIough - Denied unless a letter authorizing the Board to table the request is received by May 18, 2001. Mark Lee McColIough, Wyoming, MN, requested a variance to expand our dwelling. We are in a cluster development, which only allows us to expand back, and up. We propose to add 10’ back and complete a 2"'^ story to the structure. The entire project will be completed with the least intrusive means possible. The roof pitch will be kept to a maximum of 4/12 pitch. No part of the structure will be added toward the lake and the impact on the area should be nil. It should be noted that the proposed development would be less than 100’ from the lake. The property is described as part of Government Lot 2, Section 23 of Leaf Lake Township by East Leaf Lake. April 12, 2001 Meeting - The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren, second by Rod Boyer and unanimously carried, as per the applicant’s verbal request, to table the applicant’s variance hearing until the May 10, 2001 meeting of the Board of Adjustment. May 10, 2001 Meeting - The applicant was not in attendance. After discussion and consideration, motion was made by Steve Schierer, second by Mark Steuart and carried with Joe Maske abstaining, to deny the variance as requested unless a letter is received by May 18, 2001 granting the Board permission to table the applicant’s request until the June 7, 2001 meeting. It was noted that this action is being taken due to applicant’s failure to appear at the public hearing. Sean & Cheryl Kelly - Withdrawn After discussion and by the general consent of the Board of Adjustment the review of this variance request as order by the District Court has been tabled per the applicant’s verbal request, to the May 10, 2001 meeting of the Board of Adjustment. On April 30, 2001 a letter from was received from Charles Krekelberg, Attorney, withdrawing the Sean and Cheryl Kelly variance application. The letter noted that Sean and Cheryl Kelly would voluntarily ’■emove the dormer from the boathouse and replace the glass sliding doors with wooden doors. It was noted that this proposal had been discussed with both David Hauser and Bill Kalar and had been found acceptable. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and carried with Joe Maske abstaining, to accept the letter withdrawing the variance application as submitted by Mr. Krekelberg on behalf of Sean and Cheryl Kelly. Clarification - □alias and Mary Fiynn - Approved with condition on May 3, 2001 After discussion and consideration, a motion was made by Steve Schierer, second by David Holmgren and carried, with Joe Maske voting no, to amend the previously granted motion to read as follows: to approve a variance of 143’ from the required ordinary high water level setback of 200’ for the placement of a 1985/1986 cabin 57’ from the ordinary high water level with the condition that no site permits can be issued for newly constructed structures on this property until the existing structure is either removed or placed in a location which complies with the requirements of the Shoreland Management Ordinance. It should be noted that the applicant must obtain an after the fact site permit for any structures which existed prior to the granting of the variance and for which a site permit would have been required had the site permit been obtained before the construction of the structure. May 3, 2001 Page 2 Charles E and Barbara B Keeler - Approved as modified with condition. Charles E and Barbara B Keeler, Maple Grove, MN, requested a variance of 3.5’ from the required side lot line setback of 10’ for the placement of a 30’ by 34’ garage 6.5’ from both side lot lines. The property is described as Lot C North of the Easterly 43’ of Lot 17, Shirley Beach, Otter Tail Lake in Amor Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren to approve a 4’ variance from the required side lot line setback of 10’ for the placement of a 22’ by 36’ garage 6’ from both side lot lines. This motion died for lack of a second. After additional discussion and consideration, motion was made by Steve Schierer, second by Joe Maske and unanimously carried, to grant a 5’ variance from the required side lot line setback of 10’ for the placement of a garage 5’ from one of the side lot line with the condition that a 10’ setback must be maintained from the other side lot line. The applicants must decide which side lot line will have the 5’ setback and which side lot line will maintain the required 10’ setback. It was noted that the size of the garage does not matter so long as it fits within the granted variance, it does not require any additional variances and so long as it does not result in more than 25% of the total lot area being covered with impervious surfaces. Hardship is the substandard width of the lot. It was noted that the lot proposed for development does have a significant amount of depth. Dallas and Mary Flynn - Approved with condition. Dallas and Mary Flynn, Detroit Lakes, MN, requested a variance of 143’ from the required ordinary high water level setback of 200’ to allow an existing cabin, built in 1985/1986, to remain in its present location, which is approximately, 57’ from the ordinary high water level (lake). The property is described as part of Government Lot 1 and all of Government Lot 2, Section 23 of Hobart Township by Rice Lake. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by David Holmgren and carried, with Randall Mann and Joe Maske voting no, to approve a variance of 143’ from the required ordinary high water level setback of 200’ to allow the existing placement a 1985/1986 cabin 57’ from the ordinary high water level with the condition that no other site permits can be issued for this property until the existing structure is either removed or placed in a location which complies with the requirements of the Shoreland Management Ordinance. It was noted that the existing structure is not visible from the lake. James L and Laura Allen - Approved setbacks for the dwelling as requested and denied the variance for the installation of the sewage system. James L and Laura Allen, Russell, MN, requested a variance of 25’ from the required 75’ setback for the placement of a sewage system 50’ from the lake, a variance of 10’ from the required ordinary high water level setback of 100’ and a variance of 5’ from the required side lot line setback of 10’ for the replacement of an existing dwelling with a new dwelling 90’ from the ordinary high water level and 5’ from the side lot line. The property is described as Sub Lot 1 of Government Lot 6, Section 36 of Girard Township by East Battle Lake. The audience was polled with no one speaking for or against the request. Letters from Elaine Hanson and Bill and Marcella Stone in support of the applicants’ request were read for the record. After discussion and consideration, motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to deny the variance as requested for placement of a sewage system 50’ from the lake, to approve a variance of 10’ from the required ordinary high water level setback of 100’ and to approve a variance of 5’ from the required side lot line setback of 10’ for the replacement of an existing dwelling with a new dwelling 90’ from the ordinary high water level and 5’ from the southeast side lot line with the condition that the proposed development cannot result in impervious surface coverage of more than 25% of the total lot area. f '■'■'V /6f’S d^i^4> Ma/3,2bbi Psge3 4Cc <4^ /■ 'v.-/■f /ly-5 AJlO f / ^j- c ' 3 \ Mt \§ t V. / %0 ^ 4 ,/Ol J^jyf aH-A4 ^ /O^j o(Accepted By Land & Resource L & R Official/Dale 4 41^/TimeDate Of Hearing / Motion Dallas and Mary Flynn - Approved with condition. Motion was made by Steve Schierer, second by David Holmgren and carried, with Randall Mann and Joe Maske voting no, to approve a variance of 143' from the required ordinary high water level setback of 200’ to allow the existing placement a 1985/1986 cabin 57’ from the ordinary high water level with the condition that no other site permits can be issued for this property until the existing structure is either removed or placed in a location which complies with the requirements of the Shoreland Management Ordinance. It was noted that the existing structure is not visible from^he lake.A^r^^issio^^-------nd consideration, a motion was made by Steve Schierer, second by David Holmgren and carried, with Joe f Maske voting no, to amend the previously granted motion to read as follows: to approve a variance of 143' from the required * ordinary high water level setback of 200' for the placement of a 1985/1986 cabin 57' from the ordinary high water level with the 'I condition that no site permits can be issued for newly constructed structures on this property until the existing structure is either [ removed or placed in a location which complies with the requirements of the Shoreland Management Ordinance. It should be ' ' noted that the applicant must obtain an after the fact site permit for any structures which existed prior to the granting of the variance and for which a site permit would have been required had the site permit been obtained before the construction of the structure. // CTTairman/Otter'fail County Board of Adjustment Permit^ required from Land & Resource Management \/^ Yes (Contact Land & Resource Management) Copy of Application bk 0198-001 291.306 • Victor Lundecn Co.. Printers • Fergus Falls. Minnesoii ““ alL. mg tion i--t r t ^r r/30 feet, or 1feet.inch(es) equals.grid(s) equalsScale:' Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required impervious surface coverage calculation (See definition in Shoreiand Management Ordinance) ::rn lQtari.qt:AT:ea;;•« -»•i$urraGs:G)nate• • • • *: 1-800-34e-4870Fergus Fails. MNVtctor Lurtdeen Co.. Printers300.816