HomeMy WebLinkAbout14000990382000_Variances_03-13-2000Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that ^ ^this instrument # HUZZZj
was filed/recorded in this office
for record on the / ? dav of
Gj^______2000 at 9 ’-30(am/)om
Wendy L Metcalf, County.Reco/der
1 *? ■ ^ Tecording fee G
________well certificate
by:
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
OO***COMPLETE THIS APPLICATION IN BLACK INK***
Application Fee
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Receipt Number
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PROPERTY OWNER DAYTIME PHONE
ADDRESS
LAKE NUMBER ~ 3 LAKE NAME
TOWNSHIP
LAKE CLASS
D d Z- ^SECTION NGE TOWNSHIP NAME
nnn 990
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R(Li‘n Klelh
PARCEL NUMBER FIRE/LAKE I.D. NUMBER
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LEGAL DESCRIPTION
/'ft
TYPE OF VARIANCE REQUESTED (Please Check)
JCstructure Setback Structure Size Misc.Sewage System Subdivision Cluster
SPECIFY VARIANCE REQUESTED
My request to the County Board of Adjustment is to grant my 227’ of lake front property (Marion Lake) to
be divided into 2 parcels, (1-100 ft and 1-127 ft). I would like to sell the 100 ft parcel in the near future. I
understand a letter was sent in 1992 explaining options landowners had regarding lake property division.
To my knowledge I did not receive such a notice. At the time my lake property was froze due to legal
Federal litigation (froze from 1988 thru 1995). This is my total retirement (I turned 65 this past August)
and now I am in the process of needing to have the 100 ft parcel separated for financial need. This was a
hardship in 1992 .so I was not able to do anything with that land. I also feel this is a hardship at this time
for financial reasons. I plan on keeping the 127 ft parcel, which has the cottage and garage, indefinitely.
Thank you.
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.
'±0y •ATERECEIVED
MAR 1 4 2000
SIGNATURE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
UND & RESOURCE
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April 13, 2000
Page 4 i-74h' /■ :r l i 7
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Accepted By Land & Resource
dL.^•30Date Of Hearing Time
/
Motion
Gwendolyn Erdahl - Denied
Motion was made by Mark Steuart, second by Les Estes and unanimously carried, to deny the variance as requested
as the applicant’s proposal would create substandard lots, a reasonable use of these four substandard contiguous lots
does exist without the variance, granting the request would not be consistent with past actions of the Board of
Adjustment and no adequate hardship had been shown.
fman/OtterTail 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
L R Official/Date
bk 0198-001
291.306 • Victor Lundeen Co,, Printers • Fergus Falls. Minnesota
April 13, 2000
Page 2
Edward J. Jacob - Approved as modified with conditions.
Edward J. Jacob, Fergus Falls, MN, requested a variance of 45’ from the required ordinary high water
level setback of 200’ for an attached garage being approximately 155’ from the (ordinary high water
level) lake at its closest point and a variance of 40’ from the required ordinary high water level setback
of 200’ for the addition of a porch 160’ from the (ordinary high water level) lake at its closet point. The
property is described as part of the Northwest Quarter of the Southwest Quarter, Section 15 of Buse
Township by an unnamed lake. The audience was polled with no one speaking for or against the
request. After consideration, motion was made by Steve Schierer, second by Les Estes to deny the
variance as requested. The applicant is proposing a 28’ by 36’ garage addition and a 12’ by 16’ porch
addition. After additional discussion and consideration this motion was withdrawn and a motion was
offered by Cecil Femling, second by Steve Schierer and unanimously carried, to approve the placement
of the proposed garage, and if desired the proposed porch, on the septic tank end of the house with the
following conditions:
1. the proposed additions must be at least 10’ from the septic tank, and
2. neither addition can be placed in front of the lakeside of the existing dwelling.
It should be understood that the variance for the location of the proposed porch on the lakeside of the
existing dwelling is denied by the above variance as neither addition can be placed in front of the
existing (lakeside) building line. It was also noted that maintaining the building line might place the
proposed additions somewhat closer to the ordinary high water level than the existing structure due to
the curvature of the shoreline. The size of the applicant’s proposed additions might require the
applicant to re-locate the existing septic tank so that the applicant can maintain a 10’ separation from
the tank and at the same time not place either addition in front of the existing dwelling. Hardship is the
terrain, the wetlands and the unique shape of the applicant’s property.
Jeff and Beth Voels - Denied
Jeff and Beth Voels, Moorhead, MN, requested a variance to allow the addition of a sun porch and the
addition of a deck to an existing cabin being no closer than 30’ to the rip-rap and being no closer than 8’
to the side lot lines. The property is described as Lot 27, Washburn Beach, Lake Lizzie in Dunn
Township. The audience was polled with no one speaking for or against the request. After
consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously
carried, to deny the variance as requested as no adequate hardship had been shown that would allow
for the granting of the variance as requested, a reasonable use of the property does exist without the
proposed addition and the proposed addition is well within the shore impact zone.
Gwendolyn Erdahl - Denied
Gwendolyn Erdahl, Wadena, MN, requested a variance to subdivide four substandard contiguous
platted lots, containing 227’ of lake frontage, into two parcels. Qne parcel would have 100’ of lake
frontage and the other parcel would have 127’ of lake frontage. Neither proposed parcel would
contained the required amount of area (20,000 square feet) for platted lots on a general development
lake. The property is described as Lots 6 and 7, Second Addition to Klein and Adams Point and Lots 1
and 2, Third Addition to Klein and Adams Point, Marion Lake in Dead Lake Township. The audience
was polled with Duane and Joan Dodds speaking for the request. A letter from James B. Wallace
addressing why the applicant did not separate these lots previously was read for the record. After
consideration, motion was made by Mark Steuart, second by Les Estes and unanimously carried, to
deny the variance as requested as the applicant’s proposal would create substandard lots, a
reasonable use of these four substandard contiguous lots does exist without the variance, granting the
request would not be consistent with past actions of the Board of Adjustment and no adequate hardship
had been shown.
March 22, 2000
Gwen Macklem
1020 - 9th Street SW
Wadena, MN 56482
RE: Application for Variance
Our File No. 3172
Dear Gwen:
You have asked me to provide in a brief letter, an explanation of the difficulties that you were
presented with in 1992 and the years surrounding that time.
You were involved in significant litigation with your ex-husband, involving a substantial federal
income tax liability, as well as divorce decree issues involving reimbursement for the substantial tax
liability. The federal court case was litigated in tax court and went to the Eight Circuit Court of
Appeals. The federal litigation was decided and filed by the Eighth Circuit in April of 1991. After
that decision, litigation involving the respective obligations between the parties to pay the significant
tax liability ensued in the State District Court. This involved trial court decisions and an appeal to
the Minnesota Court of Appeals. Thereafter, a separate action was commenced for modification of
the divorce decree which finally was resolved in 1995.
During the time that the federal court and state court litigation was ensuing, the rights and
responsibilities of the parties and their financial situation were in serious doubt. The situation
certainly presented a substantial financial hardship for Gwen Erdahl-Macklem and made it very
difficult for her to be involved with any sale or transfer of real estate.
My litigation file involving all of this is approximately one foot thick. I can easily understand why
the parcels that she owned were not divided into two parcels back in the late 1980's and 1990's.
If there is anything further you need from me or anyone has any questions regarding this, please feel
free to contact me.
Sincerely,
James B. Wallace
JBW/tlb
-3 ///.grjd(s) equals feet, or Jnch(es) equals feetSpale;
RECEIVED
MAR 1 4 2000ni/7/1yf'j) pip ^Signature Dated7 .1Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dtmienafeapuRQEsr
frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing structures.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
Cl %X 100-r
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Total Impervious
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