HomeMy WebLinkAbout14000160129008_Variances_05-01-19973 -866187----
^Application for varianceOffice of County Recorder County of Otter Tail
I hereby certify that the within instrurrient was filed
day of Otter Tail County
Fergus Falls, Minnesota 56537
(218) 739-2271
Receiptfor record in this office on the "7 ■
/ilhji A.D. 19 at
and was/^uly Microfilmed as Doc.#?S i
\7sinNo.
i7 Application^^fVVsC
V, , Eounty Recorder
_____Deputy — Please Complete With Black Ink —(flih
Dftfi be In (-r ^Xd v-\Owner:Phone!
Last Name First Middle
enc7 ^nvestreet & No.City State Zip No.
N- rD IaItpLake No.
Sec.__________
Lake Name Lake Class
'TV-u 0Twp. Range Twp. Name
# PL/<yiLegal Description:
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VARIANCE REQUESTED IS:
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In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
I understand that I have applied for a variance from the requirements of the Shoreiand Management Ordinance of Otter Tail
County.
%
3-/3-?7 „Application dated . X ■r X Signature Of Applicant
/19^2 7 MDate of hearing: _____
MOTION AS FOLLOV\/S:
. Time:
Motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to approve the
variance as presented, noting that the applicant has stated that he intends to move the dwelling 5’ closer to the
road right-of-way and 5’ further away from the ordinary high water level for the purpose of reserving an area for
a deck, with the condition that the structure will be no closer to the ordinary high water level than the existing
dwellings on either side of the applicant’s lot and with the condition that no additional variances will be granted
for this lot. Hardship is a substandard lot of record. The granting of the variance will allow the applicant the
ability to enjoy the same rights and privileges as his neighbors and the granting of the variance will provide the
applicant with a reasonable use of his property.
Chairman
Otter Tail County Board of Adjustment>c NOYESPermitfs) from Land & Resource Management required:
mailed copy of Application to Applicant.(Date/Initial)
BK 079B-001
277.205 • Victor Lundoao Co.. Printors • Forgus Fal.ii. MinnasotB
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GlU^OMinutes Approved -
The minutes of the May 1, 1997, meeting were approved with the following correction:
Todd Baribeau -
Motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to correct the following statement
contained in the May 1,1997, minutes.
“with the condition that no additional variances will be granted for this lot,"
to read as follows;
with the condition that no additional variances will be granted for the location/placement of the building/structure on this lot.
ah
Ofticfr’of County Recorder
I teeby certify that the within Instrument was filed tOcord in this office on the_jL2 yy>dL-_A.o.
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May 1,1997
Page 2
Josef Gal - Denied
Josef Gal, St. Louis, MO, requested a variance of approximately 53' from the required ordinary
high water level setback of 100’ and a variance of approximately 3’ from the required shore
impact zone setback of 50’ for the construction of a roof over an existing 11 ’ by 13’ deck
located approximately 57’ from the ordinary high water level. The property is described as part
of Government Lot 9, Section 36 of Dora Township by Round Lake.. Cyril Palubicki
represented the applicant at the public hearing. The audience was polled with no one speaking
for or against the request. After consideration, motion was made by Cecil Femling, seconded
by Craig Anderson and unanimously carried, to deny the variance as requested as no adequate
hardship had been shown and the granting of the variance would advance the structure towards
the ordinary high water level.
Anton Schreiner - Approved
Anton Schreiner, Fargo, ND, requested a variance of approximately 66’ from the required
ordinary high water level setback of 100’ and a variance of approximately 16’ from the required
shore impact zone setback of 50’ for the addition of a second story to an existing structure
approximately 34’ from the ordinary high water level. The property is described as part of
Government Lot 1, Section 33 of Dunn Township by Lake Lizzie. The audience was polled with
no one speaking for or against the request. After consideration, motion was made by John
Everts, seconded by Cecil Femling and unanimously carried, to approve a variance of
approximately 66’ from the required ordinary high water level setback of 100’ and a variance of
approximately 16’ from the required shore impact zone setback of 50’ for the addition of a
second story to an existing structure approximately 34’ from the ordinary high water level. It
was noted that the original structure has a flat roof and that the second story addition will be no
closer to the ordinary high water level than the original structure.
I
Arthur J. Miller - Approved
Arthur J. Miller, Fergus Falls, MN, requested a variance to subdivide a parcel of less than 2.5
acres from an existing 130.24 acre parcel. The tract would be approximately 1 acre. The
property is described as part of the East Half of the Southwest Quarter and part of the East Half
of the Northwest Quarter, Section 28 of Fergus Falls Township. Willis Roehl appeared along
with the applicant at the public hearing. The audience was polled with no one speaking for or
against the request. After consideration, motion was made by Cecil Femling, seconded by
Randall Mann, and unanimously carried, to approve the subdivision of a one acre parcel from
an existing 130.24 acre tract with the condition that a registered surveyor’s drawing and a letter
from the adjacent property owners stating that there is no dispute with the proposed lot lines
must be provided at the time of recording. It was noted that the proposed parcel would have
public road access and that no remnants would be remaining after the subdivision. The
applicant’s request is reasonable when considering the other development in the immediate
area.
Todd J. Baribeau - Approved
Todd J. Baribeau, St. Paul, MN, requested a variance of approximately 140’ from the required
ordinary high water level setback of 200’ and a variance of approximately 40’ from the required
shore impact zone setback of 100’ for the construction of a 30’ by 32’ cabin approximately 60’
from the ordinary high water level. The property is described as Lot 8, Lillis Survey Plat, Dead
Lake in Dead Lake Township. A letter from the Dead Lake Association expressing concerns
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
May 1,1997
The Otter Tail County Board of Adjustment met Thursday, May 1, 1997, with the following persons in
attendance:
Craig Anderson
John Everts
Cecil Femling
Randall Mann
Robert Schwartz
George Walter
Wayne Roisum, Land and Resource Management
Wally Senyk, County Attorney
Call to Order - The meeting was called to order at 7:00 p.m. by Chairman.
Minutes Approved -
Hearing no corrections or additions the minutes of the April 10, 1997, meeting were approved as mailed.
The following variance requests were heard:
John Richard Omacht - Denied
John Richard Omacht, Perham, MN, requested a variance of approximately 15’ from the
required ordinary high water level setback of 100’ for the construction of a screen porch to an
existing deck approximately 85’ from the ordinary high water level. The property is described as
Lot 1, Jim’s Jolly Fisherman, Long Lake in Hobart Township. Cyril Palubicki represented the
applicant at the public hearing. The audience was polled with no one speaking for or against
the request. After consideration, motion was made by John Everts, seconded by Craig
Anderson and unanimously carried, to deny the variance as requested as no adequate hardship
had been shown and the applicant already has two water - oriented accessory structures ahead
of the building line.
John and Florence Bahma - Approved
John and Florence Bahma, Vergas, MN, requested a variance of approximately 5’ from the
required ordinary high water level setback of 75’ for the construction of a 4’ by 20’ addition to an
existing structure approximately 70’ from the ordinary high water level. The property is
described as Lot 24 and part of Lot 25, San Dee Cove, Lake Lida in Lida Township. The
audience was polled with no one speaking for or against the request. After consideration,
motion was made by Cecil Femling, seconded by Robert Schwartz and unanimously carried, to
approve a variance of approximately 5’ from the required ordinary high water level setback of
75’ for the construction of a 4’ by 20’ addition to an existing structure approximately 70’ from the
ordinary high water level. It was noted that the addition will be no closer to the ordinary high
water level than the existing structure and the roof of the existing structure already covers the
area proposed for construction.
May 1,1997
Page 3
with the applicant’s project was read for the record. The audience was polled with Merv
Freeman, President of the Dead Lake Association, Mark Steuart and Barbara Steuart, Donald
Pederson and Duane Bohne expressing concerns with the applicant’s proposed construction.
Wally Senyk, County Attorney, spoke to this variance request. After consideration, motion was
made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to approve the
variance as presented, noting that the applicant has stated that he intends to move the dwelling
5’ closer to the road right-of-way and 5’ further away from the ordinary high water level for the
purpose of reserving an area for a deck, with the condition that the structure will be no closer to
the ordinary high water level than the existing dwellings on either side of the applicant’s lot and
with the condition that no additional variances will be granted for this lot. Hardship is a
substandard lot of record. The granting of the variance will allow the applicant the ability to
enjoy the same rights and privileges as his neighbors and the granting of the variance will
provide the applicant with a reasonable use of his property.
Tracy Ann Haueter-Most - Approved
Tracy Ann Haueter-Most, Apple Valley, MN, requested a variance to transfer a parcel of
approximately 5’ by 150’ for permanent attachment to the adjacent property presently owned by
Ron J. Jordan. The property is described as Sub Lots 7, 8 and the West One-Half of Sub Lot 9
of Government Lot 3, Section 20 of Dunn Township by Lake Lizzie. Ron Jordan represented
the applicant at the public hearing. The audience was polled with no one speaking for or
against the request. After consideration, motion was made by Cecil Femling, seconded by
Randall Mann and unanimously carried to approve a variance to convey an area of
approximately 5’ by 150’ for permanent attachment to the adjacent property presently owned by
Ron J. Jordan. It was noted that the additional 5’ would make Ron Jordan’s parcel more
standard in size, the additional area would allow for the placement of all of Ron Jordan’s septic
system on his own property and will provide adequate area for the maintenance of his septic
system.
Eugene Schorn - Approved
Eugene Schorn, Bloomington, MN, requested a variance of approximately 5’ from the required
structure setback from a septic tank of 10’ for the construction of a garage approximately 5’
from the septic tank. The property is described as Lot 17, Block 1, South Oaks, Buchanan Lake
in Otter Tail Township. The audience was polled with no one speaking for or against the
request. After consideration, motion was made by Randall Mann, seconded by Craig Anderson
and unanimously carried, to approve a variance of approximately 5’ from the required structure
setback from a septic tank of 10’ for the construction of a garage approximately 5’ from the
septic tank with the condition that when the septic tank is replaced it must be placed in a
location that meets all setback requirements. It was noted that the location of the proposed
garage 5’ from the septic tank would provide adequate room for maintenance of the applicant’s
septic system. It was also noted the variance is being granted against a non-dwelling structure.
John Robinson Wasson - Approved
John Robinson Wasson, Fergus Falls, MN, requested a variance to subdivide 5 parcels of less
than 5 acres from an existing 24.56 acre parcel for conveyance and permanent attachment to
the adjacent lake lots. The property is described as part of the West Half of the Northwest
Quarter of the Southeast Quarter, Section 24 of Elizabeth Township by Jewett Lake. The
audience was polled with Jill Beithon, Allen Schroeder and Donald Nelson speaking to the
variance request. After consideration, motion was made by George Walter, seconded by Craig
-V
May 1,1997
Page 4
Anderson and unanimously carried, to approve, as non-buildable lots for residential dwellings,
the subdivisions as presented on the applicant’s registered surveyor’s drawing with the
condition that the proposed tracts must be permanently attached to lake lots and with the
condition that all of the proposed tracts must be conveyed at the same time.
Michael Lee Anderson - Approved
Michael Lee Anderson, Dalton, MN, requested a variance of approximately 7’ from the required
side lot line setback of 10' for a 28’ 4" by 12' addition to an existing garage approximately 3’
from the side lot line. The property is described as part of Sub Lot A of Government Lot 4,
Section 28 of Tordenskjold Township by Stalker Lake. A letter from Don and Helen Arends in
favor of the applicant’s request was read for the record. The audience was polled with no one
speaking for or against the request. After consideration, motion was made by Craig Anderson,
seconded by John Everts and unanimously carried, to approve a variance of approximately 7’
from the required side lot line setback of 10’ for the construction of a 28’ 4” by 12’ addition to an
existing garage approximately 3’ from the side lot line. It was noted that the addition will be no
closer to the side lot line than the existing garage and that the adjacent lot will have no buildings
within 30 to 40’ of the lot line as that area serves a drainage system.
Leo R. Janu - Approved
Leo R. Janu, Frazee, MN requested a variance to subdivide a parcel of less than 5 acres from
an existing 63 acre parcel and a variance of approximately 40’ from the required ordinary high
water level setback of 200’ for the placement of a structure approximately 160’ from the ordinary
high water level. The property is described as Government Lot 1 and part of Government Lot 2,
Section 7 of Gorman Township by Silver Lake. The audience was polled with no one speaking
for or against the request. After consideration, motion was made by Randall Mann, seconded
by Robert Schwartz and unanimously carried, to approve the subdivision of a 3.2 acres parcel
from an existing 63 acre parcel, with the condition that at least a 33’ strip from the 3.2 acre
parcel to the public road must be conveyed along with the 3.2 acre parcel, and a variance of 20’
from the required ordinary high water level setback of 200’ for the placement of a structure
approximately 180’ from the ordinary high water level. It was noted that the applicant request is
a reasonable request.
Bernard and Captolia Sanfter/Valent Bernat - Tabled
Valent Bernat, Rochert, MN, requested a variance to subdivide two tracts of less than 5 acres
from an existing 28 acre parcel and a variance of 90’ from the required ordinary high water level
setback of 200’ for the construction of a dwelling and a garage 110’ from the ordinary high water
level on each parcel. Each lot would have a minimum of 80,000 square feet of area and 200’
feet of water frontage. The property is described as part of Government Lot 2 and part of the
Southeast Quarter of the Northwest Quarter, Section 34 of Dead Lake Township by Dead Lake.
This variance application was tabled at the October 3, 1996, Board of Adjustment meeting
pending the receipt of a letter, by November 10, 1996, from the applicant requesting that the
Board of Adjustment table his request. As of the April 10, 1997 meeting the requested letter
had not been received from the applicant, therefore, a motion was made at the April 10, 1997,
meeting by John Everts, seconded by Randall Mann and unanimously carried, to deny the
variance as requested as the applicant did not comply with the requirements of the October 3,
1996, Board of Adjustment meeting. Due to an administrative misunderstanding and a mix up in
the communications with the property owners this variance request should not have been
denied, but instead it should have been tabled until the May 1, 1997 meeting, therefore, a
I
the\
‘Dead Lak^ Association
Inc,j Dotc 12 7, ‘RichvUk, 9d9l56576
April 24, 1997
RECEiVCD
OTTERTAILCO., U: 'TOa , .
APR 2 8 1997otter Tail County Board of Adjustment
George Walter, Chair
121 West Junius Ave.
Fergus Falls, Mn 56573
FERGUS FALLS. MN
Re: Variance application for Lot 8, Lillis Survey Plat
Fire # DL109, Dead Lake Township.
Dear Mr. Walter,
The Dead Lake Association received a notice of hearing on a
variance request on the above referenced property by Todd J.
Baribeau. Several of our members have viewed this site.
It is our understanding from communication with the auditor's
office that this lot measures 100 X 100 feet with a variance
extension of the lot lines of 25 and 36 feet respectively below
the bluff.
this sub-standard lot.
regard to septic system and well?
issue.
As a group, we have concerns as to the buildabilty of
Can all the required set-backs be met in
We are concerned about this
It is the opinion of the Board of Directors of this Association
that the current
situations should be followed unless a hardship would occur,
is our position that these requests should provide all current
and future lakeshore property owners fair and equitable treatment
without endangering our natural environment.
shoreland regulations governing these
It
Thank you very much.
Dead Lake Association
Merv Freeman, President
Post Office Box 127
Richville, Mn. 56576
i-
1..
(Dedicated to CCean lA^ater
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
June 6,1997
The Otter Tail County Board of Adjustment met Thursday, June 6,1997, with the following persons in
attendance:
Craig Anderson
John Everts
Cecil Femling
Robert Schwartz
George Walter
Pat Eckert, Land and Resource Management
Barbara Hanson, Assistant County Attorney
Call to Order - The meeting was called to order at 7:00 p.m. by Chairman George Walter.
Minutes Approved -
The minutes of the May 1, 1997, meeting were approved with the following correction:
Todd Baribeau -
Motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to correct the
following statement contained in the May 1, 1997, minutes.
"with the condition that no additional variances will be granted for this lot,”
to read as follows:
with the condition that no additional variances will be granted for the location/placement of the
building/structure on this lot.
The following variance requests were heard:
Joseph Swentek - Approved
Joseph Swentek, Jr., Fergus Falls, MN, requested a variance of approximately 62’ from the
required ordinary high water level setback of 100' and a variance of approximately 12’ from the
required shore impact zone setback of 50’ for the construction of a 12’ by 50’ deck
approximately 38’ from the ordinary high water level at it closest corner. The property is
described as Lot 6, Moores Beach, Pickerel Lake in Maine Township. The audience was polled
with no one speaking for or against the request. After consideration, motion was made by Craig
Anderson, seconded by John Everts and unanimously carried, to approve, as a water - oriented
accessory structure, a deck extending no more than 12’ towards the ordinary high water level
and being no more than 260 square feet in total area with the condition that the deck must be
constructed in the shadow of the lake side of the dwelling.
Charles Michael Reinke - Approved
Charles Michael Reinke, Mounds View, MN, requested a variance of approximately 6" from the
required side lot line setback of 10’ for the construction of a 16’ by 36’ addition to an existing
dwelling approximately 9.5’ from the side lot line. The property is described as part of
PELOQUIN & MINGE, P.A.
Steven R. Peloquin
John Minge
ATTORNEYS AT LAW
Perham Office
Tel: (218) 346-6900
432 Third Avenue S.E.
Perham, MN 56573
Fax: (218) 346-9017
Reply To:
Park Rapids Office
Tel: (218) 732-5507
201 South Main
Park Rapids, MN 56470
Fax: (218) 732-9772
Reply To: nrCEiVtD
OTTER TAIL CO. ..UHITOR
New York Mills Office
Tel: (218) 385-3100
15 N. Main, P.O. Box 111
New York Mills, MN 56567
Fax: (218) 385^125
Reply To:/
June 4, 1997 m 6 1997
FERGUS FALLS, MNOtter Tail County Board of Adjustment
Otter Tail County Courthouse
Fergus Falls, MN 56537
Todd J. BaribeauRE;
Dear People:
I have been contacted by Don Pederson and asked to address a letter to you regarding the
Todd J. Baribeau matter. As you know, Mr. Baribeau is attempting to develop a substandard
lot. He has apparently already received a variance from the ordinary high water level setback
of 200'. He has not yet received a building permit or sewer permit. Mr. Pederson's specific
concern has to do with the fact that his (Mr. Pederson's) well is situated approximately 10'
from the property line that he shares with Mr. Baribeau. Mr. Pederson is concerned that,
after the setback from the ordinary high water level as approved in the variance is taken into
account and after the building is situated on the lot, there won't be sufficient room for an
adequate sewer system unless the sewer system is placed close to a property line. If it is
placed close to Mr. Pederson's property line, it could threaten the quality of the water that he
is able to draw from his well.
In a more general sense, Mr. Pederson and his associates are concerned that this matter may
be handled in a piecemeal manner—one issue at a time. It is his opinion that it should be
handled in a comprehensive fashion for an overall determination as to whether or not the lot
is developable. If it cannot be developed without granting additional variances, perhaps it
should not be developed at all. (It is oixr understanding that the variance that has already
been granted has been granted on the condition that no additional variances will be obtained.)
Mr. Pederson is of the opinion that the county should be advised of Mr. Baribeau's overall
plans and should be making a decision in the context of its understanding of those overall
plans.
Obviously, Mr. Pederson has other more general concerns as well. If a sewer system—septic
Otter Tail County Board of Adjustment
June 4, 1997
Page 2
tank and drainfield—are put on the Baribeau property and if that system threatens the quality
of Mr. Pederson's water, it will have an adverse impact upon the value of his property. He
does not wish to sustain that sort of harm. I am sure that the County is well aware of this
sort of concern.
Mr. Pederson and his associates are going to be carefully watching the way in which this
situation develops. If they conclude that it is not being handled properly, they will consider
taking such legal steps as are necessary to bring it into compliance with the required
procedures and standards so as to be able to protect their own interests. That not only
involves obtaining notices of all public hearings but also knowing that the nomial setback
requirements and other zoning requirements that have been imposed for a reason have been
properly applied so as to protect the interests of others.
The County perhaps understands that Mr. Pederson and the neighbor on the other side of the
Baribeau property have offered to buy the Baribeau property from Mr. Baribeau. I mention
this only to let the County know that, if the County were to decline to allow Mr. Baribeau to
develop the lot in the manner which he perhaps has in mind, there would not truly be a
resulting hardship to Mr. Baribeau. Mr. Baribeau was well aware of the substandard size of
the lot when he bought the property. He had every opportunity to review the zoning
requirements and make a determination as to what problems might lie ahead in the event that
he attempted to develop the property. Notwithstanding those opportunities, he apparently paid
a premium price for the lot and is now saying that, notwithstanding what he knew or should
have known before, the County should make exceptions for him at the potential expense of
the adjacent landowners. This is not acceptable to Mr. Pederson.
Very trujy you^.
'John Minge
JM/kjd
Don Pederson
Wally Senyk, Otter Tail County Attorney (via fax)
Otter Tail County Board of Commissioners (via fax)
Bill Kalar, Land and Resource Management (via fax)
Craig Anderson
John Everts
Cecil Femling
Randall Mann
George Walter
cc:
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GRID PLOT PLAN feet SKETCHING FORM*/__grid(s) equals> Scale:feet, or.inch(es) equals
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K 4.- •Dated:, 19 f Signature
Please sketch your lot indicating setbacks from road right-of-way, lake, sideyard and septic tank and drain-
field for each building currently on lot and any proposed structures.
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