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HomeMy WebLinkAbout14000990473000_Variances_03-05-2001Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # o was filed/recorded in this office for record pn the If) day of -------f\pi '\ i2001 at Wendy l^etcalLCc^nty Reorder by; Jj. ///■yrj Deputy f ncj 19. ^0 recording fee ___^ well certificate 879715 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 QOCOMPLETE THIS APPLICATION IN BLACK INK***/50^Application Fee Receipt Number PROPERTY OWNER DAYTIME PHONE ^ S-f- Slj Kk)ADDRESS QhLAKE NUMBER LAKE NAME LAKE CLASS /SECTION TOWNSHIP RANGE /^-O00-^^~OV7i'0Q0 TOWNSHIP NAME IDPARCEL NUMBER FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION U{ 4 BUi- I Juniper ^/ol|s TYPE OF VARIANCE REQUESTED (Please Check) X'structure Setback Structure Size ClusterSewage System Subdivision Misc. SPECIFY VARIANCE REQUESTED /b Ae-i ■/o Appfisy; ^ '//vt. ”7' (i>n y/li Spu^ d'P ''fA hoMd. 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. 3 6 o!m iA. °^^CEiVED MAR 0 7 2001 IGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) LAND & RESOURCE April 12, 2001 Page 10 J Accepted By Land & Resource L & R Official/Date /9pj9 i / 7 /»?^<X)/TimeDate Of Hearing Motion David J and Lynn M. Quincer - Denied Motion was made by Steve Schierer, second by Mark Steuart and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and to require that the applicants bring the property into compliance with the ordinance by September 1, 2001. (^irman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No ''^In 0!Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • Victor Lundeen Co.. Printers • Fergus Falls. Minnesota April 12, 2001 Page 2 Al and Earllet Johnson - Approved Al and Earllfet Johnson, Battle Lake, MN, requested a variance to subdivide approximately 1,250 square feet or approximately .0287 of an acre from an existing 1.4 acre parcel for attachment and inclusion in the proposed plat of Maet-Boh. The property is described as a 1.4 acre tract in the Northwest Quarter, Section 4 of Clitherall Township. Kurt Maethner 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 David Holmgren, second by Steve Schierer and unanimously carried, to approve a variance to subdivide approximately 1,250 square feet or approximately .0287 of an acre from an existing 1.4 acre parcel for permanent attachment to and inclusion in the proposed plat of Maet-Boh. It was noted that the tract will become part of the dedicated road and that its use will remain the same as its current use. It was also noted that the Planning Commission has approved the plat. David J and Lynn M. Quincer - Denied David J and Lynn M Quincer, Wadena, MN, requested a variance of 6’ at the northwest corner of the dwelling and a variance of 3’ at the southwest corner of the dwelling for the placement of the dwelling 4’ from the lot line at the northwest corner and for the placement of the dwelling T from the lot line at the southwest corner. The required side lot line setback is 10’. The property is described as Lot 4, Block 1, Juniper Hills, Marion Lake in Dead Lake Township. A letter from Virginia Garbarkewitz in favor of the variance as requested was read for the record. 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 Mark Steuart and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and to require that the applicants bring the property into compliance with the ordinance by September 1, 2001. Lawrence R. Anderson - Approved with condition. Lawrence R. Anderson, East Stroudsburg, PA, requested a variance to subdivide a 30’ strip of land from an existing 2.56 acre parcel for conveyance and attachment to the adjacent property. The property is described as part of Government Lot 8, Section 3 of Hobart Township by Wimer Lake. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve the subdivision of a 30’ strip of land from an existing 2.56 acre parcel for the purpose of conveyance and attachment to the adjacent property with the condition that a registered surveyor’s drawing must accompany the document of conveyance. Hardship is the terrain, topography and trees. Jerry Mickelson - Denied Jerry Mickelson, Perham, MN, requested a variance to reduce the side lot building setback requirements on the west side of the property to 40’ and on the east side of the property to 35’. This is necessary to assist in the conversion of what is currently Leonard’s Resort of 26 allowable dwelling units to a proposed new construction of 14 condominium units. All buildings in current use would be removed. The new proposal was designed to meet or exceed county requirements for lake setback, open spaces, centralization, compatibility with adjacent properties, minimization of impervious area and would increase conformity to side lot requirements from current usage resulting in an overall improvement of the property. The property is described as part of Government Lot 3, Section 31 and all of Lots 1 through 7, Lewis Ward Martin’s Perfect Beach, Big Pine Lake in Corliss Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Mark Steuart, second by Steve Schierer and unanimously Carried, to deny the variance as requested as no adequate hardship unique to the property had been shown and the proposed new development can be accomplished without the granting of a variance. ^ « ?00I To Whom It May concern: i^itorRE: Variance for David J and Lynn M. Quincer property - Lot 4, Bl. 1, Juniper Hills^P/? Sec. 1, Twp. 135, R 40 Dead lake Twp. - Lake No. 56-243 MnAs property owner adjacent to the east of the Quincer property, I see no reason for not granting this variance. The owners made an honest error in determining the property line and to have them remove the home and/or move the foundation would not be at all praetieal or necessary. If the home were 4 ft. and 7ft. from the property line adjacent to my property, I would not have a problem with that. The owners have very earnestly tried to eomply with all regulations. It is unfortunate that an existing platted tract is not clearly and permanently marked at the time of survey and such survey required to be filed in the eoimty ofiSee so it is accessible to future owners. Once done, a new survey should not have to be required to determine a lot line. Sincerely, <yVirginia Grabarkewitz Q ~ooaj' ^ an.§(iM f^ (^ f~iA ^ Lb fTee'^ s' 3^.c^ / / f S~7^c -/0-ep^CtU,^:^ ^ 5(o^v^'fb [lU-^ ^±.lL . ^ *^i?c 4b_^£..f_/_(lL. ~T \^L^t ■O/' 1__ ,A^l»rT_ cj _vC~^«^1-I © f S A. -^^ 5.A, . ^i "fij! 11 '5><-n/'\JPHi pp(y- "C- ..\i ___ -L\tl''*r -y ‘yz.li "^\m<SC ___^ !i w V/N^w< e tI lly^'Oo 4 S>^([f_.r\tf f Pc-.,\ , Lt T -. A". 4 M t_' /^t-l~L^ fj,.^ rry :•/!// (7'^^ 3 _ /■ —p c^ V _i,t-t_l;AA_-^ V-. _ . C'\bc^|f» ^ b...b ^ _ ^ )i/</ 7" __— ^Ae® tLa. 4 fi 7 rHI ,..Uc I ^ J b7_b_ JaJ^ iCA'f^ w.i:?A/?'ri i- 3: 9-L^_^ [______/^r f ^ ^ c( d, // br c/ I dv^ ^ d i.a _L *3 jcf An5. 4 ^ 6-<\ 3‘-/W“ypA/nry_^ __ ■^' / pjy. ia bcp \A o/ / A Lva^s^bse/J f\J^c^ c<^y ^A<-iAsdUA t^1 _ ^K\ u^ 0~vc? S, L if*. 1 AO"!!IvC-a-b^L^!i On b Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-739-2271 August 31, 2001 Luther P Nervig Kennedy 86 Nervig LLP 503 Jefferson St S PO Box 647 Wadena MN 56482-0647 RE: David Quincer, Lot 4 Blk 1 Juniper Hills, Marion Lake (56-243) Dear Mr. Nervig, I am in receipt of your letter dated August 27, 2001. I will grant the request for an extension of the compliance date to November 1, 2001. This will be the only extension granted by this office. As to your attempts at obtaining an easement, even if the owner of Lot 3 agreed, this would not satisfy Otter Tail County requirements. Also, to purchase a small portion of that lot would require that a Variance be granted by the Board of Adjustment. It would appear to me that the options would include purchasing all of Lot 3 or moving the structure to a legal location. Please contact me if you have any questions. Sincerely, Kyle Westergard Inspector KWW/jlt LAW OFFICES KENNEDY & NERVIG, LLP 503 JEFFERSON STREET SOUTH P.O. BOX 647 WADENA, MINNESOTA 56482-0647 (218) 631-2505 FAX (218) 631-9078 E-MAIL kene@kenelaw.com 4 CHARLES R. KENNEDY* LUTHER P. NERVIG MENAHGA OFFICE (218) 564-4406 PAUL F. CARLSON” August 27, 2001 RECEIVED* QUALIFIED NEUTRAL ** ALSO LICENSED TO PRACTICE IN ILLINOIS AUG 3 0 2001 LANDS RESOURCE LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY COURTHOUSE FERGUS FALLS MN 56537 RE: David J. and Lynn M. Quincer Application for Variance Our File No. LO1848 Gentlemen: We are the attorneys for David and Lynn Quincer who applied for a variance but at a hearing on April 12,2001, their application was denied. They were given until September 1, 2001, to bring the property into compliance. Since that time they have been attempting to work with their neighbor to either buy a small parcel of land from him, obtain an easement or purchase his property. This process has been very slow and as of today, we are still discussing this with him. I am writing to request an extension of the time to bring the property into compliance until November 1,2001. We believe that we will be able to work something out that is acceptable with the owner of the adjacent property within the next two weeks. Would you please confirm the extension. Thank you very much. Yours very truly, KENNEDY & NERVIG, LLP *-^L^er P. Npr^ig LPN/mk c: David and Lynn Quincer CERTIFICATE OF SURVEY LOT 4, BLOCK ONE JUNIPER HILLS OTTER TAIL COUNTY, MINNESOTA : I p()A C C os')16' '89. H. 237 237.( P o,q'36 W_ S 80 38 f ------r ' lOO 03 ( P = 147.01' )|\- - S 88°I3'47"W 147. 06 \48.02 , 48 00 )/|47. 03 ( P - 4 I' Cl ) 100.03'(P/ I I II II ItI I I oI.M » ^ I I I L-i u V. y I \i I • ' 'I ‘"^1 I N-I <Tt 3.9' 8 N.lO 4House3i UJ (\l f !0.4^ AcreslO %oI o 2 r Il\)L.zI1I/' . V. 7 O I \oi I I i (P r 98.4l') 98 42'(P : lOO') 100. .15 ’ N 86°53'24 "E — •---- ----( p ; lOO') 100.08 'I (-------- •---- '*“1 O 1 o!/ 1iI !/\ i RECEIVED MAR 0 7 2001 LEGEND LAKEMARION LANDS RESOURCE J • : Denotes ifon monu.Tienfs found. O - Denotes iron monuments set marked witn Minnesofo Registration No. 12004. Orientation of this bearing system is ossumed Scale - linch - 30 feet. P = Record Plot disfonceN /2-Oof-300 graphic scale 60