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HomeMy WebLinkAbout14000250194002_Variances_07-13-2000Variances Barcode 128 / 3 ^oo OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 86G9G7 86G967 I hereby certify that this instrument # _ was filed/recorded in this office for recojcd on the __day of. ^ U 2000 at 5-Xfanfen; y il. Metcalf, County Recorder by: I A /9. r^cbrdin'^fee ^ well certificate Wend THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee /3d £79Receipt Number PROPERTY OWNER DAYTIME PHONE n:cKioU\t., m /oADDRESS /9£'9-0SG>LAKE NUMBER LAKE NAME LAKE CLASS C/P TOWNSHIP NAME iQ ^ ^ Dl 5 IS5SECTION TOWNSHIP RANGE PARCEL NUMBER FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION ^5-- 135-^0- !,W/up- Oo^- UcTT- ^ ^ UJLy i?/uJ TYPE OF VARIANCE REQUESTED^ (Please Che(/k) 1 /^__PJ) A Misc.Structure Setback Structure Size Sewage System Subdivision Cluster SPECIFY VARIANCE REQUESTED 'IO' a^rtny< jL(UCi. \ 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 UNDERSTANDJHAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & R^URCE MANAGEMENT REGARDING THIS MATTER. DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) '5. /Ate vi./C^. / .} ;. V-i e /<^<^-00^ 'do5 'OO'/'J AOS 4iC so 4^39^iOdcL^^ ^ e>//5jo-Q Accepted By Land & Resource ^ L & R Official/Date i3 Jivy)Date Of Hearing Time4. Motion Glen Shaw - Denied Motion was made by David Holmgren, second by Steve Schierer and unanimously carried, to deny the variance as requested noting that the abatement order had been issued approximately 3 years ago, siting the two letters and noting that no adequate hardship had been shown. airman/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 LR Official/Date bk 0198-001 291,306 • Victor Lundoen Co., Printers • Fergus Falls. Minnesota » 4/ 4;21873975767-13-00; 3:20PM;mndnr Minnesota Department of Natural Resources DNR WA'i'ERS 1221 Fir Avenue East Fergus Falls, MN 56537 (218) 739-7576 MlUJ r;5 ^^C£lVED i 3 2000 resource July 13,2000 iOuer Tail County Broad of Adjusters Otter Tail County Court House Fergus Falls, MN 56537 I IIVariance Application Glen Shaw, Dead Lake, Otter Tail CountyRE: I■s Dear Chaiipcrson: Alter reviewing the above variance applieation, this ollice is not aware of any liardship that would Justify granting this variance. An on site sewage system that docs not meet the Otter Tail County Sanitation Code in the shoreland zone is a threat to the water quality and perhaps even to the health of Dead I.ake and/or it’s residents.I ITherefore, this office must go on record .supporting denial of this request. Thank you for your consideration of these comments. I Sincerely. Terrence R. L,ejcher Area Hydrologist Larry K.mmka, Regional Hydrologistc:h' !ii5 i DNR InfomuMion: 65l-2%-6157 • 1-888-646-6367 * TPY: 651-2%-5484 • 1-800-657-3929 Alt Ftjuul Opportunily LiiiipUiycr Whn V;tlm*v Div»?.r»iiy Pnnii>rt OA HovyClud Pupor ConJaining o Mfnimurn ol 10% Posi-Consumer Wnr.to 56S?^ u mrciiMZ: . :4 * »■ r Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Faiis, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Glenn Shaw RR 1 Richville, MN 56576 has made application to theiOtter Tail County. Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, July 13, 2000, at 7:30 p.m.. in the Commissioners' Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enfprcement entrance.) 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 part of Government Lot 6, Fire # 25DL3 Section 25, Township 135, Range 40 - Township Name— Dead Lake Lake No. 56-383, Lake Name - Dead, Class - NE The variance requested is: a variance from compliance with a sewage system abatement order. The applicant wants to leave his existing system in its present location, which 850’ from Dead Lake, 15’ above the ground water level and 70’ above the lake level. An abatement order was issued, July 17, 1997 at which time the applicants were advised that their existing system did not meet the minimum standards of the Shoreland Management Ordinance. Board ot Adjustmeht Secretary Date: June 16, 2000 .V, ■ a- 5 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 19th, day of June, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Glenn Shaw, RR 1, Richviile, MN 56576 Dead Lake Assoc., PO Box 127, Richviile, MN 56576 Vicky Genoch, Dead Lake Twp Clerk, PO Box 102, Dent, MN 56528 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, RR 1 Box 4, Wadena, MN 56482 Mark Steuart, RR 1 Box 82, Richviile, MN 56576 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: June 19th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud GLEHN a VALERIE SHAW WILLI AH I) CAPUTA ET AL ATTN JEFF SCJJREMPP 3269 CROFT DR HIHREAPOLIS, MN RR 1 BOX 131 RICHVILLE, niJ 56576-973Q 55413-2542 DUANE N TERRY R BURNHAI1 RICKY J STREIGHT2511 SHERIDAN AVE II niNMEAPOLIS, 11N 55411- 1742 11540 RED GATES RD \v GALENA, IL SIGSG, WHILDEN F CAMPION EUGENE L £, REN IE SMITH5330 LOGAN AVE N APT 8 MINNEAPOLIS, MN 55430■2G62 4701 WESTON HILLE; DR ST PAUL, MH 55123 PAUL C IIALEK GEORGE JR £. MARY S HADDICAN6258 EAGLE LAKE DR MAPLE GROVE, MN 55:369-6233 4222 PINE RIDGE LH RACINE, WI 53403 HILARY L L LOIS R SATTGAST PAULA K ODEGARDPO BOK 315 LEAF RIVER, IL 61047-0315 1412 ELAINE ST BILLINGS, MT 59105-4210 PETER £. COLLEEN A STANTON FRANCES L SuMERFIELD ET AL625 5TN AVE HE OSSEO, MN 55369-1317 RR 1 BOX 126 RICHVILEE, MN 56576-9737 ' July 13, 2000 Page 3 (Quincer - Continued) After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to deny the variance as requested as there is an alternative site for the placement of the proposed deck, which would not require the granting of a variance. Charles and Jayne Bartusek - Approved Charles and Jayne Bartusek, Webster, MN, requested a variance of 25’ from the required ordinary high water level setback of 100’ for the location of a building site 75’ from the ordinary high water level. The property is described as Lot 3, Block 1, Sunrise Cove First Addition, Clitherall Lake in Clitherall Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried to, approve a variance of 25’ from the required ordinary high water level setback of 100’ for the location of a building site 75’ from the ordinary high water level. Hardship is the terrain features of the applicants’ property. The placement of a structure in this location will not restrict or obstruct the view from the adjacent properties. Paul and Janice Vincent - Denied variance as requested - Approved variance with modification. Paul and Janice Vincent, Moorhead, MN, requested a variance to add an 8’ by 14’ bathroom addition to an existing structure. From the applicants’ drawing it appears that the proposed addition would be approximately 36’ from the ordinary high water level. The property is described as Lots 9 and 10, Lone Pine Beach, Lake Sybil in Dora Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Robert Schwartz and unanimously carried, to deny the variance as requested, but to grant a 2’ variance from the required shore impact zone setback of 50’ for the placement of an addition, not to exceed 20’ by 24’, onto the rear of the existing dwelling. It was noted that the addition could extend 20’ towards the road and could be the full width of the cabin. It should also be noted that no variance from the imperious surface rule is being granted by the variance as approved. John Bruce Larson - Approved. John Bruce Larson, Clitherall, MN, requested a variance of 6’ 3" from the 18’ maximum height of a non­ dwelling structure for the construction of a structure having an overall height of 24’ 3”. The property is described as part of Government Lot 3, Section 24 of Clitherall Township by Clitherall Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Cecil Femling and unanimously carried to, approve a variance of 6’ 3” from the 18’ maximum height of a non-dwelling structure for the construction of a structure having on overall height of 24’ 3”. It was noted that the proposed structure will be approximately 575’ from the lake and is in a second tier lot. It was also noted that the placement of the structure in this location would not restrict or obstruct view from the adjacent properties and would be consistent with other actions of the Board of Adjustment. Glen Shaw - Denied Glen Shaw, Richville, MN, requested a variance from compliance with a sewage system abatement order. The applicant wants to leave his existing system in its present location, which is 850’ from Dead Lake, 15’ above the ground water level and 70’ above the lake level. An abatement order was issued, July 17, 1997 at which time the applicants were advised that their existing system did not meet the minimum standards of the Shoreland Management Ordinance. ■■ ^July 13, 2000 Page 4 (Shaw - Continued) The property is described as part of Government Lot 6, Section 25 of Dead Lake Township by Dead Lake. A letter from the Minnesota Pollution Control Agency requesting that the Board of Adjustment consider denying the applicant’s request was read for the record. A letter from Terry Lejcher, Area Hydrologist with the Minnesota Department of Natural Resources, noting that he was not aware of any hardship unique to this property that would allow for the granting of the variance as requested and supporting denial 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 David Holmgren, second by Steve Schierer and unanimously carried, to deny the variance as requested noting that the abatement order had been issued approximately 3 years ago, siting the two letters and noting that no adequate hardship had been shown. State of Minnesota - Glendalough State Park - Tabled per request. State of Minnesota, Glendalough State Park, Battle Lake, MN, requested a variance to locate a covered wildlife/waterfowl observation platform for public use 10’ from Lake Emma in Glendalough State Park. A location farther from the lakeshore would adversely affect the function of the platform and require additional removal of trees to create a suitable viewshed. A roof is required to provide protection from the weather for observers using binoculars, spotting scopes, and photographic equipment. This platform is identified in the Glendalough State Park Interpretive Plan and was reviewed and approved by the Glendalough Citizens Advisory Board. The property is described as Government Lots 1,2, 3, and 7, Section 18 of Girard Township by Lake Emma. The audience was polled with no one speaking for or against the request. Jeff Wiersma, Park Manager, contacted the office prior to the meeting to request the tabling of his application for Glendalough State Park until the August 3, 2000 meeting of the Board of Adjustment. After consideration, motion was made by David Holmgren, second by Robert Schwartz and unanimously carried, to table the applicant request uhtil the August 3, 2000 meeting with the condition that a letter requesting this action must be received on or before August 3, 2000, otherwise this variance as requested should be considered denied. Ruth and Jeffery Gallagher-Approved with condition. Ruth and Jeffery Gallagher, Montevideo, MN, requested a variance of 53’ from the required ordinary high water level setback of 75’ for an addition to an existing dwelling 22’ from the ordinary high water level. The property is described as part of Government Lot 4, Section 15 of Eagle Lake Township by Eagle Lake. The applicant’s contractor appeared along with the applicants at the public hearing. The contractor explained how the septic system would be installed. A letter from Terry Lejcher, Area Hydrologist with the Minnesota Department of Natural Resources, noting that the applicants’ request is a significant expansion of a non-conforming condition, the condition necessary for hardship does not appear to exist, and requesting the Board to carefully consider the requirements for a demonstrated hardship was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by David Holmgren, second by Robert Schwartz and unanimously carried, to approve a variance of 53’ from the required ordinary high water level setback of 75’ for an addition to an existing dwelling 22’ from the ordinary high water level with the condition that the proposed addition can be no closer to the ordinary high water level than the existing structure. It was noted that the applicants’ proposed project will eliminate the existing cabin to the south, would make a substantial improvement to the applicants’ property and will provide the applicants with a reasonable use of their property. Hardship is the terrain of the applicants’ lot, which prevents placing a structure further back from the ordinary high water level.