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Home My WebLink About14000990451000_Variances_12-20-2001Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 895034 895034 I hereby certify that this instrument #__ was filed/recorded in this office for record on the _2n day ofCk-€i 2001 at f/} (am)pm Wendy L. Metcalf, County Rect^der ^Scordi^feeT^^ .well certificate 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 ***/<:q ^Application Fee ^S,i - S> HONE Receipt Number rvA^tr-xo \ CPROPERTY OWNER DAYTIMI u_ADDRESS ■tVj gp)—(VVLvr io w\LAKE NUMBER LAKE NAME LAKE CLASS t Wc’*->S V\MouJISECTION TOWNSHIP RANGE TOWNSHIP NAME Lo<h^ t reJLL PARCEL NUMBER 14 "C>C><S ~ OQO ______________/A/ FIRE / LAKE I.D. NUMBER A/ y' dob Olu- vOi-a LEGAL DESCRIPTION /I— \ i I n O14 UUn TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System____Subdivision_____ Ciuster Misc. SPECIFY VARIANCE REQUESTED [jJ e. uUO<J^\cX. ( i lo4- -{-o io-V" rAe-fi-Ars Oy\\v^ ' *7 " <3'^''"*^ 4"c>4a-\ S><^-^ec4" ' ^ inoctj ^ \UCL ^ 1; S < L <£> A" I ^ ^ Ol-S / I ^ ^ •Vo ^ y 0/. Iq k_. Cl. U Y'e^cjui^ei^ »t 4^^ "HoVkA- Crvv I 0~V I ^ • 'VW- \o V \« OC^ (/» I OCU<Aj4A 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. //- f-^7/ DATE AWLICA:nT must be present at the HEARING^ f ED ROPERTY OWNERSIGN. (Applicant Will Receive Notification As To The Date/Time Of Hearing)NOV 1 3 2001 LAND & RESOURCE fl/la non Lake. December 5, 2001 ~ pMSie HHl ' / '^30^3 / -OD 1; r: ■ (/-OOidlLf / -00(fi ’ - ‘y U.AJL ‘46( i63 ^ V5& //,imiAccepted By Land & Resource L & R Official/Date Time/^- /3- Cj^Date Of Hearing p.rn ■ Motion Patricia and Gregory Marzolf - Approved a side lot line variance as requested. Motion was made by Steve Schierer, second by Linda Bergerud and unanimously carried, to approve a variance of 2’ 3” from the required side lot line setback of 10’ for the placement of an existing 24’ by 30’ structure 7’ 9” from the ‘ common lot line between Lots 18 and 19. The hardship is Permit No. 478, issued June 19, 1972, which permitted the placement of the existing 24’ by 30’ structure 6’ from the common lot line of Lots 18 and 19. Chairman/Otter Tail County Bdard of Adjustment/ Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No \s.\h\di LR Official/Date Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291,306 • Victor Lundeen Co.. Primers • Fergus Falls. Minnesota JN L IWh' I^D IM. KANbt :a '.•-••I'-. i 20.70 ACRES WM.!-‘ lOAD)9.65 E'>,-»1 .■■I#.* ••i" ■' •-'. ■>• ■<• /;.'' Jl V: I //a-d--: 20500 SQ,rr.\^ 20700 SQ.FT.20SO0 SQ.FT, y/7.<5 ^_JdQd[^^ipCJC._•w SiU.■3V t:rn If.*:.: ■MAF‘T , ;■- ■s Top OF RY. SptKE\ir■‘ V !*.V; •fTA.■ y ■.QV-LU-'CD OLUtr>CVJ Z3oCOCOlU^ :.'■ “ .LUa:o oOTLU>QZQ1o3z ACKNOWLEDGEMENT I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60. IDAYS OF THE RECEIPT OF THE COMPLETED APPLICATION. UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO WAIVE THE 60' DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY 'APPLICATION. \RECEIVEDDATED NOV 1 3 2001 LAND & RESOURCE THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1®"^ & MCH 1®^ FORMLTRS/6 ODAYACK MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, December 13, 2001 The Otter Tail County Board of Adjustment met Thursday, December 13, 2001, with the following persons in attendance: Linda Bergerud David Holmgren Steve Schierer Pat Eckert, Land and Resource Management Cecil Femling Randall Mann Mark Steuart David Hauser, County Attorney Call to Order - Randall Mann, Chair, called the meeting of the Board of Adjustment to order at 6:30 p.m. , Minutes Approved - Hearing no corrections or additions the minutes of the December 5, 2001 meeting was approved as mailed. The following variance requests were heard: Armond Barasa - Approved as modified. Armond Barasa, Anaheim, CA, requested the following: “a variance was issued on November 12, 1999 which required a 66 foot roadway across parcels “A” and “B”. The SW corner of the home is 65 feet from, the south line and the drain field is 50 feet from the south line. The access easement is only 30 feet wide ■ and to increase the roadway from 30’to 66’when it will serve only parcel “B” is impractical and it is impossible if it is to cross parcel “A” because of the location of the home and drain field. Further this road will not serve any property to the west as they are served by a separate road access. We would like to have the November 12, 1999 variance amended to remove the requirement for the 66 foot roadway.” The property is described as part of Government Lot 2, Section 30 of Otto Township by Rush Lake. Luther P. Nervig, Attorney, and Tom Held, an adjacent property owner and realtor, represented the applicant at the public hearing. The audience was polled with Dean Schultz and Marlin Brutlag, Otto Town Board Members, questioning whether or not the applicant’s variance request affected an existing township road. They were informed that it did not and they indicated that they had no concerns with the applicant’s request so long as there was no impact to any existing township roads. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and carried with Mark Steuart voting no, to approve the removal of the condition placed on the November 12, 1999 variance approval from only the tract identified on the applicant’s drawing as Parcel “B”, with the provision that the condition from the November 12, 1999 variance approval must remains in place for Parcel “A” and with the provision that the existing drain field on Parcel “A” can remain in its present location. Hardship is the unique shape of the applicant’s, property and the inability to plat the property without obtaining a variance for the public road. Patricia and Gregory Marzolf - Approved a side lot line variance as requested. Patricia and Gregory Marzolf, St. Paul, MN, requested a variance to sell off Lot 18 to some friends. The lot meets all requirements, to the best of our knowledge, except for the garage on Lot 19. The corner of the garage is only 7’ 9” from the lot line. Lot 18 has 115’ of frontage and 22,500 total square feet. The former, ■ owner had told us thatshethought the property was sub-dividable. The variance needed is a variance of. 2’ 3” from the required side lot line setback of 10’ for the placement of an existing building 7’ 9” from the corhmon lot line between Lots 18 and 19. The property is described as Lots 18, 19 and 20, Marion Lodge Trail, Marion Lake in Dead Lake Township. A letter from Marilyn M. Forness in support of the applicants’ request was read for the record. The audience was polled with no one speaking for or against the request. December 13, 2001 , Page # 2 Patricia and Gregory Marzolf-(Continued) After discussion and consideration, motion was made by Steve Schierer, second by Linda Bergerud and unanimously carried, to approve a variance of 2’ 3” from the required side lot line setback of 10’ for the placement of an existing 24’ by 30’ structure 7’ 9” from the common lot line between Lots 18 and 19. The hardship is Permit No. 478, issued June 19, 1972, which permitted the placement of the existing 24’ by 30’ structure 6’ from the common lot line of Lots 18 and 19. John C. and Peggy Carlson - Denied road right-of-way variance. Approved a variance from the marina. Approved a variance for the placement of a fence. John C. and Peggy Carlson, Wahpeton, ND, requested a variance of 3’ from the required road right-of-way setback of 20’ and a variance of 28’ from the required ordinary high water level setback of 75’ for the construction of a 30’ by 30’ garage 17’ from the road right-of-way and 47’ from the marina (ordinary high water level). Also, requesting a variance of 29’ from the required ordinary high water level setback of 75’ for the placement of a 48’ long by 6’ high fence 46’ from the ordinary high water level. The property is described as Lot 1, Block 1, Blarney Beach, Otter Tail Lake in Everts Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to deny the variance from the road right-of-way as requested as no adequate hardship unique to the property had been shown, to approve an ordinary high water level variance from the marina which would allow for the placement of the proposed structure 20’ from the road right-of-way, but within the required ordinary high water level setback area and to approve the placement of a fence no closer to the ordinary high water level than the shed on the neighbor’s property as depicted on the applicants’ drawing. The granting of the variance as approved will provide the applicants with a reasonable use of there property. Hardship is a substandard lot of record and the terrain features of the applicants’ property. Thomas C. and Irene W. Allmaras - Approved as modified with a condition. Thomas C. and Irene W. Allmaras, Battle Lake, MN, requested a variance to subdivide, by metes and bounds description, a parcel approximately 60’ by 250’ from an existing parcel of less than 5 acres for the purpose of conveyance to an adjacent property owner. The property is described as part of Government Lot 3, Section 2 of Everts Township by Otter Tail Lake. Robert Yaggie represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Linda Bergerud and unanimously carried, to approve the conveyance of the following described parcel with the condition that it must be permanently attached to the Robert and Darlene Yaggie property: The North 220 feet of the South 435 feet of the West 59.5 feet of the East 1,034 feet of Government Lot 3, Section 2, Township 133 North, Range 40 West of the Principal Meridian, Otter Tail County, Minnesota. It was also stated that-the property being retained by Thomas C. and Irene W. Allmaras would continue to be classified as a substandard lot of record for future development purposes. The proposed subdivision will not cause the classification of the portion being retained by the Allmaras to change. Hardship is the terrain of the applicants’ property. It was also noted that the variance as approved will provide Thomas C and Irene W. Allmaras with access to a dedicated public road. David Adams - Approved as requested. David Adams, Richville, MN, requested a variance of 17’ from the required road right-of-way setback of 40’ for the placement of a 40’ by 120’ building 23’ from the road right-of-way. The property is described as the . Northwest Quarter of the Southwest Quarter and the Southwest Quarter of,the Northwest Quarter, Section 18 of Rush Lake Township. A letter from Andrew Klinnert, Chairman Rush Lake Township was noted for the record. The audience was polled with no one speaking for or against the request. -/Z