HomeMy WebLinkAbout13000990560000_Variances_11-01-20071029226 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that T 02'9226
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was filed/recorded in this office
for record on ihe day of
2007 at2LlSam(gny
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THh ABOVE SPACE IS RESERVED EOR IHE COUNTY RECORDER
APPLICATION FOR VARIANCE
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
oSO-ODApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number .
Accepted By / Date
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PROPERTY OWNER
MAILING ADDRESS
.6^- 7^/R OLAKE CLASSLAKE NUMBER LAKE NAME
r ri^TOWNSHIP NAMESECTIONTOWNSHIPRANGE
E-911
ADDRESS
PARCEL
NUMBER 13 QOC <D5'C^COCO
—oHX.LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Size Sewage System Subdivision Cluster Misc.Structure 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.
aSIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
'7/^0 /Vw./TimeDate Of Hearing
Motion
Paul and Linda Roberts - Approved the variance as requested. (7:50 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to declare Lot 1
Block 2 Swan View Estates as a buildable lot for residential use. It should be noted that the variance as approved does not
directly or indirectly grant any other variances for future development. The Board noted that there appears to be adequate room
for future development that will not require any additional variances, that the variance as granted is consistent with past actions of
the Board of Adjustment and will provide the applicants with a reasonable use of their property.
aimrfa^n/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management) OjJL> ^
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329.512 - Victor Lundeen Company, Fergus Falls, Minnesota
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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.
1
Impervious Su^ce Ratio
(Must Complete Worksheet On Other Side)
%
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.Li^C)O-346-407O
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
/^nO /l R2 /-/o U5e ^ Cpara^ €.Structure(s):/
00 Ft2Deck(s):
/(^ on Ft2Driveway(s):
Ft2Patio(s):
/OO Ft2Sidewalk(s):
5^Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:-^75" Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
Iot area
X100=___1 %O.
IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE
October 24, 2007
Mr. Wayne Stein
Board of Adjustment Secretary
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, Minnesota 56537
Dear Board of Adjustment Members:
We are writing in response to the Notice of Hearing for a Variance we received in the mail. An
Application for Variance was submitted by Paul W. and Linda R. Roberts of Battle Lake on
October 11, 2007. The property concerned in the application is legally described as:
Lot 1 Block 2 Swan View Estates,
Property Address - across from 17145 Swan View Road
Section 29, Township 132, Range 42 - Township Name - Dane Prairie
Lake No. 56-781, Lake Name - Swan, Class - RD
The Hearing is scheduled for Thursday, November 1, 2007 at 7:30 P.M.
The application requests to have this lot declared buildable for residential use. Lot 1 Block 2
currently does not meet the minimum size standard to be considered buildable.
As homeowners of the lot immediately east of Lot 1 we object to the issuance of the requested
variance for the following reason.
We are currently negotiating with the Roberts over a disputed portion of property along the
common boundary which has historically (greater than 25 years) been considered part of our
property. The site has been surveyed by a registered land surveyor and both parties understand a
legitimate adverse possession claim exists. It is our understanding that Mr. Roberts has met
with an attorney and has conceded our adverse possession claim. We were surprised Mr.
Roberts filed an application for the variance without giving us notice.
The site plan submitted with the application does not accurately identify the facts related to the
uncertainty of the lot’s easterly property boundary location. Once the correct property boundary
is established, the total area of Lot 1 will be reduced resulting in a further restriction of the
suitability of the lot for residential use. In addition, the location of structures identified on the
application’s site plan will not meet the county set back requirements once the correct property
boundary on Lot 1 is properly established.
It is our desire to achieve an amicable resolution of this matter with Paul and Linda Roberts.
Granting a vari^mce to deem this lot suitable to build seems inappropriate at this time based on
the uncertainties surrounding the property boundary and its appropriate resolution. Accordingly,
we request the application be denied or tabled indefinitely until the applicant can submit an
accurate property description which first would reflect our adverse possession claim.
Linda and I appreciate the opportunity for our concerns to be considered by the Board and have
authorized Steven M. Langlie, P.L.S. to represent us at the November L* Hearing.
Thank You
Bob and Linda Ressler
17208 Swan View Rd.
Fergus Falls, Minnesota