HomeMy WebLinkAbout32000990306000_Variances_10-02-2008Variances
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1046156 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #1046156
was fiied/recorded in this office
for rec<^on the 7--------L=^L2:__2008 at
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r-iBeiuity^
recording fee //
well certificate /
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLiCATION FOR VARiANCE RECEIVED
SEP 0 8 2008
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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
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Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
DAYTIME PHONE .^<0 0 7
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PROPERTY OWNER
Fo. Bo%MAILING ADDRESS
KVSixLAKE CLASSLAKE NAMELAKE NUMBER
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kObJ TOWNSHIP NAMETOWNSHIPRANGESECTION
E-911
ADDRESS
PARCEL
NUMBER
LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
X Misc.Subdivision ClusterStructure Size Sewage SystemStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
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SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
SCANNED
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11
TimeDate Of Hearing
Motion
Marlene Peterson - Approved the variance application as requested. (7:20 p.m.)
After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a
variance of 35’ from the required ordinary high water level setback of 100’ for the placement of a 12’ by 22’ structure 65’ from the
ordinary high water level. It should be noted that the variance as approved does not directly or indirectly grant any other variances
for the proposed development.
Chairman/Otter Tail County Board of /^ustment
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
L R Official/Date
bk 0407-001,
329,512 - Victor Lundeen Company. Fergus Falls, Minnesota
received
SEP on?mSCALE DRAWING FORM
WNU s KfcbOUj^C?)&.000^‘10dL(o00D
Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
/I" - \L !5',g %
Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
Scale
EAST
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Signature of Property Owner Date
BK — 0207 329,086 • VictOT Lundeen Co„ Printers • Fergus Fails, MN • 1-800-346-4870
f’’ ^ ■’ 'IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
LLhJ F^2Structure(s):
Ft2Deck(s):
7(9 Ft2Driveway(s):
1^^Ft2Patio(s):
7-10 Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
I 111 Ft2TOTAL IMPERVIOUS SURFACE:
II, (9(3(9LOT AREA:
15:^173^ . (1,000 ..%X100 =
IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
RECEIVED
SEP 0 8 2008
LANU & KhbOURCF
County of Otter Tail
Government Services Center
540 West Fir
Fergus Falls, MN 56537
September 5,2008
RE: Variance Application For Lot 4, CLEARWATER BEACH
Dear County Commissioners:
I greatly appreciate your consideration of my variance request and hope that you will
recognize the hardship of the existing conditions of the lot for my proposed structure
construction.
My proposal revolves around the construction of an additional structure on the lot that
will provide additional space as my husband and I are hoping to spend considerably more
time here in the future as we are close to retirement age. The existing structure only has
755 square feet.
The hardship conditions referenced above concern three major conditions of the lot The
first of these is that virtually all of the improvements to the lot were constructed 45 years
ago prior to the shoreland ordinances of today. Subsequently the lot was designed for
usable structures such as the one proposed to be located in the vicinity of where I am
proposing it. This is the only location that will provide a view of the lake. It may have
been feasible to construct a building such as I am proposing outside the setback line if the
lot was being fully developed now.
Tbe second issue is an existing vegetable garden and likely future drain field are located
on the only reasonable location on the lot that is 100’ set back from the ordinary high
water level of Lake 6. My father presently spends time at this cabin and utilizes the space
for growing vegetables as he has for the last 25 years. If in the future my husband and I
choose to spend more time at this location, the existing sewage tank may not be practical
and a drain field may be desired. It is not feasible to construct this structure and preserve
the space presently used for a garden and will most likely be used for a drain field in the
future.
The other major condition is that the proposed location of the structure is in a much
flatter area than a location set back further form the lake. I feel that building further back
from the lake would require a large retaining wall which would be a considerable expense
and safety hazard now and would generate future maintenance requirements.
To summarize, the request for this variance is necessary because 1) the existing layout
was created 45 years ago and the only reasonable place to put this structure with a view
of the lake is where I am proposing it, 2) the area 100’ back from the ordinary high water
level is presently being utilized as a vegetable garden and may have a future use as a
RECEIVED
-tV 08 2008
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drain field and 3) the grade of the lot is much steeper as you move fiirther away from the
lake than the proposed location. I appreciate your consideration of my request. If you
have any questions you may contact me at 507-863-2107 or 507-341-8159. I hope to
have representation at the public heeiring meeting who will be able to answer questions at
that time as well.
Sincerely,
Marlene Peterson
P.O. Box 65
Freeborn, MN 56032
October 2, 2008
Page # 3
Marlene Peterson - Approved the variance application as requested. (7:20 p.m.)
Marlene Peterson, Lot 3 Clearwater Beach, Lake Six in Hobart Township, requested a variance of 35' from the
required ordinary high water level setback of 100’ for the placement of a 12’ by 22’ structure 65’ from the ordinary high
water level. Ryan Peterson represented the applicant 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 Steve Schierer and unanimously carried, to approve a variance of 35’ from the required ordinary high water
level setback of 100’ for the placement of a 12’ by 22’ structure 65’ from the ordinary high water level. It should be
noted that the variance as approved does not directly or indirectly grant any other variances for the proposed
development.
Kelly, Donald and Gregory Knoph - Approved the variance as requested for the dwelling and denied the
variance as requested for the garage. (7:25 p.m.)
Kelly, Donald and Gregory Knoph, part of Government Lot 2, Section 24 of Girard Township by East Battle Lake,
requested a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of a 24’ by
40’ dwelling with a 6’ by 40’ porch 56’ from the ordinary high water level and a variance of 10’ from the required side
lot line setback of 10’ for the placement of 24’ by 30’ garage 0’ from the lot line. 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 Steve Schierer and unanimously carried, to approve the placement of the proposed dwelling/porch no
closer to the ordinary high water level than the dwelling to the east and to deny the variance as requested for the
proposed garage noting that the applicants have voluntarily agreed to legally located the 8’ by 12’ shed located down
by the lake.
Robert and Carol Stover - Approved the variance application as modified with a condition. (7:32 p.m.)
Robert and Carol Stover, Lot 3 and part of Lot 4 Bowery Beach, Pelican Lake in Dunn Township, requested the
following: 1) Replace existing foundation using same footprint, 26’ by 34’ and 2) Create 2"'* Story Addition at the back
15’ of existing loft. Request variance of 27’ from the ordinary high water level and 8’ from side lot line. Existing house
is 48’ from the lake and 2’ from the lot line. The audience was polled with no one speaking for or against the variance
as requested. A letter from Curt Winter in support of the variance as requested was read for the record. After
consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to
approve the proposed development being no closer to the ordinary high water level than the existing structure with the
condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It should be
noted that the variance as approved does not directly or indirectly grant any other variances for the proposed
development/project.
Gary Schroeder- Reconsideration of July 3, 2008. (7:43 p.m.)
Gary Schroeder, part of Government Lot 1, Section 10 of Elizabeth Township by Long Lake, requested a variance of
57’ from the required ordinary high water level setback of 100’ for the placement of a second level to the existing
house 43’ from the ordinary high water level. July 3, 2008 Meeting - The audience was polled with no one speaking
for or against the variance as requested. A letter from Shirley and Willis Stelter in support of the variance as
requested was read for the record. After discussion and consideration, Michael Harris made a motion, second by
Randall Mann and carried with Marion Gill and Steve Schierer voting no to deny the variance as requested as no
adequate hardship and/or practical difficulties unique to the property had been shown that would allow for the granting
of the variance as requested and noting the existence of a second dwelling which is a prohibited use. After additional
discussion and consideration, Steve Schierer made a motion, second by Marion Gill to approve the variance as
requested with the condition that the second dwelling must be eliminated before a site permit for the proposed
development could be issued. After discussion this motion was withdrawn as this type of condition would not be
appropriate since the second dwelling was a pre-existing nonconformity. October 2, 2008 Meeting - After
consideration and discussion, Steve Schierer made a motion, second by Michael Harris and carried with Joe Maske
abstaining to approve a variance of 57’ from the required ordinary high water level setback of 100’ for the placement
of a second level to the existing house 43’ from the ordinary high water level with the condition that an existing garage
with living quarter must be removed within one year from the date of this public hearing. It should be noted that the
second story addition will be 4’ larger than the existing structure, but it will not be any closer to the ordinary high water
level then the existing structure.
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Marlene Peterson
PO Box 65
Freeborn, MN 56032
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, the Otter Tail County Set Black Ordinance and/or-the Subdivision Controls
Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, October 2, 2008 at 7:00 p.m.,
in the Commissioners’ Room.ofthe OtterTail 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 County Auditor’s office prior to the date of
the public hearing.
The property concerned in the application is legally described as
Lot 3 Clearwater Beach,
Property Address - 51952 Lake Six Road
Section 6, Township 137, Range 40 - Township Name - Hobart
Lake No. 56-369, Lake Name - Six, Ciass - RD
The variance requested is -
a variance of 35’ from the required ordinary high water level setback of 100' for the placement of a 12’ by 22’ structure
65’ from the ordinary high \vater level.
Wayne Stein
Board of Adjustment Secretary
Date: September 12, 2008
FINDINGS OF FACT
SUPPORTING/DENYING AN AREA VARIANCE
An area variance may be granted only where the strict enforcement of county zoning controls will result in
“practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the
following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter
Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.:
Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1.
Will the request have an adverse effect on government services? Why or why not?2.
Will the requested variance effect a substantial change in the character of the neighborhood or will it result in
a substantial detriment to neighboring properties? Why or why not?
3.
Is there another feasible method to alleviate the need for a variance? (Economic considerations>play a role,in
the analysis under this factor) Why or why not?
4.
How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5.
Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6.
Does existing sewage treatment need upgrading?7.
i
Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the
neighborhood?
8.
In light of all of the above factors, would denying a variance serve the interests of justice? Why or why not?
r;The BOA should weigh and balance each of the elements when deciding whether the variance application should be
granted.
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 15th, day of September, 2008 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Marlene Peterson, PO Box 65, Freeborn, MN 56032
Six Lake Assoc., % Marvin Mindermann, 924 10**' St S, Fargo, ND 58103
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, OTC HWY Engineer, 505 S. Court St. Suite #1 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. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572.. s
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: September 15th, 2008
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud