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HomeMy WebLinkAbout32000990493000_Variances_06-12-2003Variances Barcode 128 0Vd\V2\2dq3 OFFICE OF COUNTY RECORDER OTTER TAILWIINNESOTA ii was filed/recorded in this office for record on the fl—^ ^ Tunc 2003 at f DO^pm Wendy l^etcaif, Qpunhf Recor^r .Deputy tWc/zin.c^ recording fee ^weii certificate 930823 L\e THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us ^ ns. OO ^jslos 3^2-33¥9 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ^ ATPmrk'op MAILING ADDRESS339^3^ S‘^9' "S PROPERTY OWNER DAYTIME PHONE LAKE CLASSLAKE NUMBER LAKE NAME TOWNSHIP /3ltJ RANGE 9-C> K^/ TOWNSHIP NAME /-/o ba.r-'t':zSECTION ujcsrJ~H ti L6T //*» rr, ^0 m T6L1PARCEL NUMBER^ E-911 «ADDRESS 33 9^? L/9fiS £4S>i>i TfiAiL^3 99 0^>D LEGAL DESCRIPTION LbT Sc^lp TYPE OF VARIANCE REQUESTED (Please Check) i^structure Setback Subdivision Cluster Misc.Structure Size Sewage System SPECBFY VARIANCE REQUESTED 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 &^ESOURCE MANAGEMENT REGARDING THIS MATTER. S^^t<iATURE "of property OWNER APPLICANT MUST BE PRESENT AT THE HEARING DATE (Applicant Will Receive Notification As To The Date/Time Of Hearing) M-o bar-f Sfj’c n ^dL ^ M i-O. Vl ' i ^ \^-2jC> 6^ ^ '60 Y ^3-C0(p 5v 'OOlcLtx^ 4 ? ^5 ^qO ^^1 c4^x q^ddiLP 445 q<n(o ^. V7 /T/1^-Date Of Hearing TimetJLNSS- Motion Robert J and Holly A Durkop - Approved as requested. (8:47 p.m.) Motion was made by Steve Schierer, second by Paul Larson and carried with Cecil Femling and Mark Steuart voting no, to declare Lot 17, Block 2, Scalp Lake Acres, a buildable lot for residential purposes. It was noted that per a statement contained within the applicant’s application this lot should not require any additional variances for development. Hardship is an approved lake lot that was platted after October 15, 1971 with lake frontage that does not meet the requirement of the current ordinance. Chairman/Otter Tail County Board of Adjustment Perrmt(s) required from Land & Resource Managemen ^ Yes (Contact Land & Resource Management) r'LR Official/Date No Copy of Application Mailed to Applicant And the MN DNR _ BK-0402-001 309,424 “ Victor Lundeen Company, Fergus Falls, Minnesota ATTACHMENT ‘‘A” The applicant contends that section 4, subsection 13, item B., subitem 2., applies to the lot in question thereby exempting it from being combined with any contiguous lot and availing it to being ‘^considered a separate parcel of land for the purposes of conveyance or development” as was intended when Block Two of Scalp Lake Acres received County approval in 1974. Though the Land and Resource office has stated that the lot need not be combined, they contend a variance is required for its development since the lake frontage is only 144.1’ or 96% of the required 150’. The proposed construction site would be located over 250’ from the lake outside of any wetland, bluff or steep slope areas. Shoreland Management Ordinance of Otter Tail County Page 23 Non-Conforming Uses: A. A non-conforming use is any continuous use of land established before the effective date of a County or local Ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use. 12. Otter Tail County has implemented and will continue an active identification and abatement program for all non-conforming and failing sewage treatment systems. Sewage treatment systems not in compliance with the Sanitation Code of Otter Tail County shall be eliminated within the time specified in any Abatement Notice issued by the Administrative Officer. B. If the notification of non-conformance is not complied with, the Administrative Officer or County Board may institute appropriate actions or proceedings to prevent, restrain, correct or abate such non-conforming use, and it shall be the duty of the County Attorney to institute such action. C. A prohibited non-conforming use may not be expanded or improved. 13. Exemptions: A. The following uses, being essential for the operation of any zoning use district, are exempt from all the provisions of this Ordinance and are permitted in any district; poles, towers, telephone booths, wires, cables, conduits, vaults, pipelines, laterals or any other similar distributing equipment of a public utility; and provided further that hedges or shrubber>' may be erected, placed, maintained or grown except as they may constitute a safety hazard. B. A structure may be erected on a lot of less than the established minimum area and width, provided the lot existed by virtue of a recorded plat or deed before October 15, 1971, or a lot existing by virtue of a recorded plat or deed before October 15, 1971 has been increased in area by a conveyance subsequent to October 15, 1971, provided a Site Permit for the structure is obtained, all sanitary requirements are complied with and the proposed use is permitted within the district. However, effective February 5, 1992, if in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the established minimum area or width, the lot may not be considered a separate parcel of land for the purposes of conveyance or development. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land and each parcel must meet, or more closely approach, the established minimum lot size requirements of this Ordinance, This restriction shall not apply td the following circumstances; Where each contiguous substandard lot is an improved lot, as defined1. herein. <2. Where each contiguous substandard lot is in substantial compliance with the established lot width requirement, as evidenced by a lake frontage and building line width of at least 75% of the Ordinance minimum, and all other area requirements are met. 3. Where a lot, or a portion of a lot, is to be conveyed to the owner of a contiguous lot for the purpose of increasing lot size, and no residual lot is left unattended. The deed must contain restrictive covenants requiring legal joinder to a contiguous parcel and a permanent prohibition against separate residential development. A Site Permit is not required for the folJ<fwing structures provided all otherC. requirements of this Ordinance are met; 1. Satellite Dishes (in excess ofy meter in diameter). 2. Vision Obstructing Fences/3. Decks (except for W.O.A^.). -'r .-j \.!■ A 0 'i ■■ I' •-. !-- .• •;• o: !. , } r.--' 1, ' R = 60.00'>L-60.00' T= 32.78'm < / A: 93°23'll"/R-294.00'\L = 479. 19'\T-311.91' .CH.-427. 88' CH.BRG.=533^10'12 "w 5" 74°3!'40 "W, SHEET ■^iA! C/^ ^ 'P ^'^0 oy. ^ ->j;r - -g fo/cr// W7 ^/ T/r7 ^ f ^..„y CERTIFICATE OF SURVEY IN LOT 17. BLOCK TWO SCALP LAKE ACRES OTTER TAIL COUNTY. MINNESOTA LEGEND • = Denotes iron monuments found. O = Denotes iron monuments set marked with Minnesota Registration No. 12004. ® ^Denotes record monument now obliterated. □ = Denotes lath set. Orientation of bearing system is assumed. Scale: 1 indi = WO feet. ••• ■. . ■« 0. % 0'200’100’ graphic scale i / hereby certify that this survey, plor, or report was prepared by me or under my d that I am a duty Regis- under the lows of the ervisiondir Yered Ldfid Sui State\ 0 lesi Date Reg. No. © MEADOWLAND SURVEYING, INC.OWNER and Holly DurkopxritiriT) 33920 Lain ^van TraNAME:Frazea. MK 56544522 WEST MNN. DETROfT LAKES, MN 56501 FAX: 218-846-1945 EklAlU UEADOWLAND0.AKESNET.NET OFFICE: 218-347-4289 DRAWING NUMBER T6452—12CRD FILE: 07Durkop DWG PILE; 07Durkcp_dwg