Loading...
HomeMy WebLinkAbout32000990498000_Variances_07-10-2003Variances 2 Barcode 128 O'\\\0\200^ Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone: (218) 739-2271 Court House FERGUS FALLS, MINNESOTA 56537 August 21, 1996 Ken Jacobson PO Box 307 Frazee, MN 56544 Lot 2 Karinall, Winter Lake (56-355).RE: Dear Hr. Jacobson, According to Malcolm K. Lee, Administrator at the time the Plat of Karinall was approved. Lot 2 was intended to be a "buildable lot". Therefore, even though it does not meet the minimum size of 40,000 sq.ft., we can issue permits for proposed uses as long as they are allowed by all other minimum requirements of the Shoreland Management Ordinance. Please contact our office if you have any further cjuestions regarding the above matter. Sincerely, ?/r!‘ L Pat Eckert Inspector mis 'I ^1 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us oO ns-Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted by / Date ^ DAYTIME PHONEPROPERTY OWNER A o. 5c>k 3o'7MAILING ADDRESS LAKE NUMBER d LAKE NAME____ /3'7 RANGE AO f XA/y/yi^'^ J LAKE CLASS TOWNSHIP NAME A’Ar~3 TOWNSHIP.SECTION E-911 ADDRESS PARCEL NUMBER Afc'A! £ LEGAL DESCRIPTION Ad>r 3^ ^ /C/7/^/ TYPE OF VARIANCE REQUESTED (Please Check) Misc.ClusterSubdivisionSewage SystemStructure SizeStructure Setback SPECIFY VARIANCE REQUESTED ~/oir 7~h/5 <3 (A/a.on , ':d 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.- n ^ _______y'A / 7 //DATESIQNATURPROPERTYNERi / PLICANX^UST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ,Rj>§p«^nent!i '^^rtzzXz^ /^ / y<^/ ^nduf 5^0/cLu^~ 6/0 ~~^// i-^ Fv^r ni1.-s; >ecunF;d jro^ir’ v^'vF * '-esiK.fiC'v f v'erj iCoi'ftacv S; Resource -■■!.) No ■7: /X frnc7003^!A iU yO TimeDate Of Hearing . :.'^r'-':. '■, •';■ •. ■■' ‘' '''' 7:3^ ! , Motion Kenneth and Marlys Jacobson - Withdrawn. (8:20 p.m.) July 10, 2003 Meeting -Motion was made by Paul Larson, second by Cecil Femling, to approve the transfer of enough square footage from Lot 3 for permanent attachment to Lot 2 so that Lot 2 plus the area from Lot 3 would be at least 4,0,poo square feet and also to declare the combined Lot 2 and Lot 3 as a buildable lot so long as all other requirement.are being met with the. condition that a, reg^ surveyor’s drawing must be presented. After additional consideration and discussioh, the previous motion was withdrawn.- A motion was then offered by Randall Mann, seconTPBf^We«§®mrlnWWa"WiWd^lfcliTi^?^ilWappi^nrr^¥b^^»itsib^F6^11M request until the August 7, 2003 rneeting for a surveyor’s drawing that would depict the new lot line, that would indicate a*buiid|rig?siteithat meets the setback requirements;and that would also show the total square footage of the lots. August 7, 20d3 Meeting - Prior to the August 7, 2003 meeting the applicant submitted a letter indicating his desire .to withdr'^vvihis request.*-Mbtibn was-rhadeiby'Steve'Schierer, second by Frank Lachowitzer and unanimously carried, to acknowledge the applicant’s letter and to accept with request to withdraw his variance application. . -''• Date Of !'iean.-;q \I li ne u'. • U:„e_^_L- /‘-LdiS- i'/ioiiOP. Chairman/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 And the MN DNR f JkJ ^ O jff jQ2> iA;Se?€S&^KT-:,; L5R: Official/Date'.n;' f-.e Fi.;euen'-vr.F TiHieDrile (/ i-;e^.r;!'ig Ohai'-man/Oite'laii County Board of Adjustment BK-0402-001 311,491 • Victor Lundeen Co.. Printers ♦ Fergus Falls. MN •Perntit(:5) reqtiired from Land & f-?o£ource Management 1-8OO-346-407O Yes (Contact Land & Resource Msnagencnt) Uo ............-...............- % Application for Variance Background Information: Lot 2, Block 1, Karinall The lot is part of an existing plat. Note the enclosure that shows the section of the plat containing this lot. We live on Lots 3 and 4. This lot has been sold several times. First, we sold it to a Laurie Hanson. Laurie Hanson then sold it to Dr. Paul Beare. In 1991 Dr. Beare asked us to trade this lot for another lot we owned in Block 2 of Karinall. We did so. In 1996, concerned that new county requirements would not allow the lot’s resale because it was not “buildable,” we asked for and received a letter from Land and Resource Management that confirmed it was buildable. A copy of this letter is enclosed. Recently we updated the abstract for this lot, and prepared a warranty deed to transfer ownership of this lot. The warranty deed was returned to us with the explanation it could not be recorded since the lot did not contain 40,000 square feet and was not saleable. The lot has approximately 180 feet of lakeshore and is about 200 feet deep. If it was a meets and bounds description, since it fronts an “existing” public road rather than a “dedicated” public road, its size would probably just meet the square footage requirement. It seems that although the lot is “buildable” it is not “saleable.” This is the first time we became aware of this unique distinction. Ironically, because our home is now contiguous with this lot we had traded back to us, we are the only people is this world who now cannot sell this property. Anyone else could. My wife and I are now retired. The sale of this lot contributes to our financial well-being during retirement, something we had planned for by being careful to make sure the lot was buildable. We have a transfer of the property currently underway that may be lost unless the variance is approved by August 2003. We respectfully request this variance be approved. slacobson oi saj 330.04; along North South point 3 'll i; 5owners! 137 Nc^ ; Minnes^' ■ hn Existing Public Rood e|| of whilri County'l’'^ thence of 00 v of 8.1 the no. Dedica feet c ; southw to the radius 24 min Road; wester North waters Lake t along that c in Boo of Dee ^ ■ 16 5.00' T: 66 23' ■' L-(29 97' CH.:l22 93'5 W4PL£•;CH 8rg ^NI3^24'S3’W \North^>$»torlf lino of Dodicatod Public Road ' «■f•' 6‘*I2'South lino Sac. S-137-40'i12^de‘l6’E L-a- -©1:66 00'{ ^OV'T lot /;e«r«r*« SEC. i0-!37-40:ine» : -fO» '*‘4a* it-!I rfy, Department of LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Phone; (218) 739-2277 Court House FERGUS FALLS, MINNESOTA 565 August 21, 1996 Ken Jacobson PO Box 307 Frazee, MN 56544 RE: Lot 2 Karinall, Winter Lake (56-355). Dear Mr. Jacobson, According to Malcolm K. Lee, Administrator at the time the Plat of Karinall was approved. Lot 2 was intended to be a "buildable lot”. Therefore, even though it does not meet the minimum size of 40,000 sq.ft., we can issue permits for proposed uses as long as they are allowed by all other minimum requirements of the Shoreland Management Ordinance. Please contact our office if you have any further questions regarding the above matter. Sincerely, Pat Eckert Inspector mis August 7, 2003 Page # 5 Troy Budke - Approved as requested. (8:15 p.m.) Troy Budke, part of Government Lot 8, Section 2 of Lida l|ownship by Crystal Lake, requested a variance of 48' from the required ordinary high water level setback of 100' for the placement of a 28' by 32' garage 52' from the ordinary high water level at its closest point and a variance of 35' from the required ordinary high water level setback of 100' for the placement of a 27’|by 57' dwelling 65' from the ordinary high water level at its closest point. July 10, 2003 Meeting -The audijence was polled with Deonne Crow seeking information about the variance as requested and what impact there might be to the creek. After discussion and consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, with the applicant's verbal permission, to table this variance request until the August 7, 2003 meeting for the review of a neighboring developed lot and for additional review by both the Land and Resource Department and the Department of Natural Resources. Aiigust 7, 2003 Meeting - After consideration and discussion, motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve a variance of 48' from the required ordinary high water level setback of 100' for the placement of a 28' by 32' garage 52' from the ordinary high water level at its closest point and a variance of 35’ from the required ordinary high water level setback of 100’ for the placement of a 27’ by 57’ dwelling 65’ from the ordinary high water level at its closest point. It should be noted that this variance request is being approved based on information provided at the hearing by the Land and Resource Department. Hardship is a substandard lot of record, the terrain of the applicant’s property and the creek. Kenneth and Marlys Jacobson - Withdrawn. (8:20 p.m.) Kenneth and Marlys Jacobson, Lot 2, Block 1, Karinall, Wymer (Wimer) Lake in Hobart Township, requested a variance to permit this buildable lot to be sold.; Lots 2 and 4 are substandard lots. Lot 3 is a standard sized lot. All three lots have common ownership. Larry Anderson appeared with the applicant at the public hearing. July 10, 2003 Meeting -The audience ;was polled with no one speaking for or against the variance as requested. A letter from Scott Walz addressing the amount of square footage was read for the record. After considerable discussion it was decided that the applicant and Larry Anderson would like to consider the discussion and then come back before the Board later in the evening. After additional discussion and consideration, motion was made by Paul Larson, second by Cecil Femling, to approve the transfer of enough square footage from Lot 3 for permanerjt attachment to Lot 2 so that Lot 2 plus the area from Lot 3 would be at least 40,000 square feet and also to declare the combined Lot 2 and Lot 3 as a buildable lot so long as all other requirement are being met with the condition that a registered surveyor’s drawing must be presented. After additional consideration and discussion, the previous motion was withdrawn. A motion was then offered by Randall Mann, second by Steve Schierer and unanimously carried, with the applicant’s verbal permission, to table this variance request until the August 7, 2003 meeting for a surveyor’s drawing that would depict the new lot line, that would indicate a building site that meets the setback requirements and that would also show the total square footage of the lots. August 7, 2003 Meeting - Prior to the August 7, 2003 meeting the applicant submitted a letter indicating his desire to withdraw his request. Motion was made by Steve Schierer, second by Frank Lachowitzer and unanimously carried, to acknowledge the applicant's letter and to accept with request to withdraw his variance application. r r' r- p.Thomas and Heidi Klosterman - Denied. (8:30 p.m.) Thomas and Heidi Klosterman, part of Government Lot 2, Section 1 of Everts Township by Otter Tail Lake, requested a variance to replace a flat roof on a mobile home with a pitched roof on a lot with two dwellings. Dick Klosterman represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. Emails from Ray and Peggy DeBoever and Dick and Jo Haire in support of the variance as requested were read for the record. After consideration and discussion, motion was made by Mark Steuart, second by Frank Lachowitzer and carried with Cecil Femling voting no, to deny the variance as requested as the granting of the variance would allow for an improvement to and for the continued use of a prohibited use. It should be noted that there are two dwelling on the applicant's property which is defined within the ordinance as a prohibited use and no variances can be granted for prohibited uses. UNITED COMMUNITY BPNK Fax:218-334-5500 Pug 7 ’03 10:20 P.02/02 7 August 2003 Board of Adjustment Otter Tail County. Fergus Falls, Minnesota Dear Sirs. I respectfully withdraw my request to meet with you again this evening. Adjustments to increase the square fbotage of Lot 2, Block 1 of Katinall have been made that will exceed the DNR requirements. A further meeting is unnecessary. I want to thank you for your advice to find some logical way to increase the size of the lot. 1 have done just that The result is one that is beneficial to all owners and actually increases the value of the property. I regret possibly leaving you with the impression of sad fiustration on my part; and, I apologize for not immediately appreciating remarks from the Board empathizing with my situation. The fiict is that you are all just doing your job to protect our environment, something I like to believe I heartily support. And, you’re doing your job with impartiality, fairness, and concern. I suspect that you get more than a fkir ^are of flak. Again, thank you. Sincerel; .en JacwsM UNITED COMMUNITY BPNK Fax:218-334-5500 Pug 7 ’03 10:19 P.01/02 August 7,2003 Wayne Stein, Auditor Otter Tail County Fergus Fails, Mimesota Dear Wayne, The paperwork and survey maps will not be completed early enough for me to bring them to you today. They’re likely to be completed today, but not quickly enough for a corrected description of the property to be prepared on a warranty deed. Hopefully I will be able to bring those items in tomorrow or early next week. I’d tike to be able to accomplish everything in one trip, I’m also faxing a letter to the Board of Adjustment with this note to you. I request thnt you give the letter to the Board to both withdraw my request for a meeting this evening and that gives them my explanation, thank you, and apology. Perhaps I should also thank you and even apologize for all the extra time and attention you’ve given me in resolving this matter. Most Sincerely, Enclosure: letter to OTC Board of Adjustment July 10, 2003 Page it 3 Kenneth and Marlys Jacobson - Tabled. (7:15 p.m. and 9:30 p.m.) Kenneth and Marlys Jacobson, Lot 2, Block 1, Karinall, Wymer (Winner) Lake in Hobart Township, requested a variance to permit this buildable lot to be sold. Lots 2 and 4 are substandard lots. Lot 3 is a standard sized lot. All three lots have common ownership. Larry Anderson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Scott Walz addressing the amount of square footage was read for the record. After considerable discussion it was decided that the applicant and Larry Anderson would like to consider the discussion and then come back before the Board later in the evening. After additional discussion and consideration, motion was made by Paul Larson, second by Cecil Femling, to approve the transfer of enough square footage from Lot 3 for permanent attachment to Lot 2 so that Lot 2 plus the area from Lot 3 would be at least 40,000 square feet and also to declare the combined Lot 2 and Lot 3 as a buildable lot so long as all other requirement are being met with the condition that a registered surveyor’s drawing must be presented. After additional consideration and discussion, the previous motion was withdrawn. A motion was then offered by Randall Mann, second by Steve Schierer and unanimously carried, with the applicant’s verbal permission, to table this variance request until the August 7, 2003 meeting for a surveyor’s drawing that would depict the new lot line, that would indicate a building site that meets the setback requirements and that would also show the total square footage of the lots. Edward and Barbara Haubrich - Denied. (7:45 p.m.) Edward and Barbara Haubrich, part of Government Lot 8, Section 3 of Nidaros Township by Stuart Lake, requested a variance to have a substandard back lot declared a buildable lot for residential purposes. We would like to build a 30’ by 40’ dwelling and a detached 24’ by 30’ garage. The lot is 1.68 acres or approximately 73,180 square feet. The width of the lot parallel to the lake is 325.02’. The audience was polled with no one speaking for or against the variance as requested. A letter from Scott Ailts expressing concerns with the variance as requested was noted for the record. A letter from John E. and Pamela J. Winkler, potential purchasers, withdrawing the variance application was read for the record. After discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to deny the variance as requested noting that the variance application had been signed by Edward and Barbara Haubrich and not the individuals requesting that the variance application be withdrawn. It should be noted that John E. and Pamela J. Winkler do have an agreement with Edward and Barbara Haubrich to act as their agent in this matter, but that the Board of Adjustment Secretary felt that for the purpose of the records it would be best to deny the variance as requested and note for this action the letter received from the Winklers. Fargo National Bank and Trust Co. - Approve as requested with a condition. (7:47 p.m.) Fargo National Bank and Trust Co., Lot 44, Barry’s Addition to Killarney Beach, Pelican Lake in Dunn Township, requested a variance of 17’ from the required ordinary high water level setback of 75’ for the location of a screen porch and a deck 58’ from the ordinary high water level. Terry Meyer represented the application. The audience was polled with William and Helen DeHollander and Carol Mikkelson speaking for the variance as requested. Letters from Helen DeHollander and Jean Mikkelson in support of the variance as requested were read for the record. After discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling to approve the variance as requested with the condition that the existing guesthouse must be removed. This motion failed with Robert Schwartz, Randall Mann and Cecil Femling voting no. After additional discussion, motion was made by Randall Mann to approve the conversion of the existing guesthouse to a non-dwelling structure, to grant a 5’ variance for the placement of a garage 5’ from the side lot line and to require that the new screen porch and deck must be reduced down to the size of the previous footprint (10’ by 12’). This motion died for lack of a second. After additional discussion and consideration, motion was made by Robert Schwartz, second by Cecil Femling and carried with Randall Mann voting no, to approve the variance as requested with the condition that the existing garage must be removed on or before August 1, 2003. MEADOWLAND SURVEYING, INC. DBA; ROY A. SMITH & ASSOCIATES COUNTY SURVEYOR FOR BECKER COUNTY 522 West Main Street Detroit Lakes, Minnesota 56501 218-847-4289 218-846-1945 fax July 10, 2003 To whom it may concern: Pursuant to the request of Mr. Ken Jacobson I have reviewed the mathematical data of the plat of KARINALL, in particular as it regards to Lot 2 of Block One. Ken asked that I calculate the area of the lot as if it were a standard metes and bounds described parcel, which would own to the centerline of the adjacent road. The area of said Lot 2 would be 40,600 square feet, more or less, if it were a metes and bounds parcel. Ultimately whether the lot is a metes and bounds with ownership to the centerline of the road or a platted lot as it currently is, they both have exactly the same amount of buildable area. Sincerely, cott Walz