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Home My WebLink About14000990637000_Variances_09-02-2010Variances Barcode 128 (0cR* OFFICE OF REGISTRAR OF TITLES OTTER TAIL COUNTY, MN Document Number------^ ^ i JT ^ i a Certificate MiimhPr :i,/ ^ t3 I ,?< l21t I This is to certify that the within mstrurn^^ 3 was filed in this office on the _[S_ day of [JS, A.dPO/O at o'clock ly) / I 0R^trE/of Titles by Deputy THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee COMPLETE THIS APPLICATION IN BLACK INK 9n Boi) i^)o»^ nSicLci Receipt Number Accepted By / Date %Ay^U)^0jMi DAYTIME PHONE ^ t /V^l a/ -5*"^ S' / S'_______ PROPERTY OWNER MAILING ADDRESS l3<ak 2 7 LAKE NUMBER ^(0 3^7 LAKE NAME T'a/O //^A/ TOWNSHIP RANGE O TOWNSHIP NAME C>j£An A/ ^LAKE CLASS SECTION ^ 3 E-911 ADDRESS PARCEL , NUMBER__^3V/F^ RoP^C L^i S • 3/000 A V “Dtl lo^ ^ n iBi *' i'"nS'i«d . Th<-f- Lot 5 or rot, L-iVJ - F/vz-rd/ -Ly/CL -V TBeve^ry - F<x»t ife-^ LEGAL DESCRIPTION ^L^-6 G - /V ^-5^‘^d)C>0 /tjioac) 99o^ 33 ^>oo /1/. o o o *990 ^ -3 V 000 i >4- c> o o 9 90 6» 3 S O) o <0 990 <C 3 ^ o o O oVjti ‘f^rxLy o^.sqL a5 c^i'T ST-t-r coN. Tfcr“l- OCSC Cc/^t otl Cc^ J 4.0 ffjfd 7- / u^-L to - / Le^-i f! ■7 s- / U O CjOiLj ooci> 990 6. 37<ri 00 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback v' Structure Size Subdivision Cluster Misc.Sewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Lr t-_ i,i\l c\-l1ca5 o i -t (Cxl -L . ii -(a 75 4] JjC-iijCfLk /L zv i4 e- (-l u'f »'■ O iT z'r “/e_i-a I /..iX^L'e—^ c I 4 (.^(AS / / 7 a/urcT.0 Tl-I i-\f fL,<7 Cl. ns'e_. 41hf 3 4.0 n e. c4 Lrcs■\«-.i..ij /e,K'iCa.^ rov^ed 1'^ ZOOl.'ncJ Io r'7 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 MANAGEMENXJIEGARDING THIS MATTER. 'RohiX'l- &AoI^/U^^A ^ !// /. SIGNATURE pf^ROPERTY OWNER / AGENT FOR OWNER ^ /OI DATE APPLICANT MUST BE PRESENT AT THE HEARtNG"^SCANNED(Applicant Will Receive Notification As To The Date/Time Of Head i 9 ^Date Of Hearing Time /O ■ 9 /a 9. oS Motion Bob Bjornstad - Variance application approved as requested. (9:03 p.m.) September 2, 2010 meeting - After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to allow for an opportunity to discuss with the Land and Resource Department the reason why each property owner did not submit their own application. October 7, 2010 meeting - Ben Hovde appeared with the applicant at the public hearing. Bill Kalar presented information regarding lake reclassifications and the process and decisions made prior to the presentation of this application to the Board of Adjustment for their consideration. After discussion and consideration, Michael Harris made a motion, second by Thomas Lee and carried with Randall Mann and Steve Schierer voting no, to approve a 75’ setback from the ordinary hig^ water level for development on Lots 5 (A and B), 6, 7, 8, 9, 10 and 11 as requested in the variance application dated August 11^010. It w^pote^that when the pl^t of Bixby Acres was approved the required setback for these lots would have been 75>^hose votjrrgln^opTOsitic^tp the appro^l indicated that they would rather consider each lot individually instead of considering'a blanket aofJrpval of lots, ,y Ch^rman/Otter Tail County^Board of Adjljstment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No L K Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR : - .ibk 0407-001 329.612 - Victor Lundeen Company, Fergus Falls, Minnesota October 7,2010 Page # 5 William Stearns and Audrey Stearns - Variance application approved as modified with a condition. (8:35 p.m.) William Stearns and Audrey Stearns, Lots 7 and 8, Klein and Adams Point First Addition, Marion Lake in Dead Lake Township, requested the following: Applicants lost their Wadena home in the tornado. They hope to enlarge their lake dwelling to be their new permanent home, adding a second story and garage. Several setback variances are needed: (1) a variance of 13.5 feet from the road setback to allow the garage to be placed 6.5 feet from the road right-of-way. (2) A variance of 10 feet from the soil treatment center setback to allow a drain field along the side yard boundary (capacity for four bedrooms). Neighbor is not opposed. (3) The current cabin is within the 75 foot setback but outside the string line. Applicants desire a variance to allow 6 foot wide second floor balconies on the lakeside, which would still be outside string line set-back. Robert Bigwood, Attorney appeared with and represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Walter R. Beatty authorizing the placement of the drain field next to the lot line was presented and placed in the applicants’ file. After consideration and discussion, Michael Harris made a motion, second by Thomas Lee and carried with Paul Larson voting no, to approve a variance of 13.5 feet from the road setback to allow the garage to be placed 6.5 feet from the road right-of-way, to approve a variance of 10 feet from the soil treatment center setback to allow a drain field along the side yard boundary (capacity for four bedrooms) and to approve request Number 3 as described in the variance application dated September 15, 2010 with the condition that no part of the proposed development/structure can be placed within the shore impact zone. It was noted that the affected property owner, by letter, as agreed/approved the proposed location of the drain field. It should also be noted that the variance as approved for the garage will provide the applicants with an ability to enjoy the same rights and privileges as others in this immediate area. The variance as approve does not directly or indirectly grant any other variances (specifically for imperious surface coverage) for the proposed development. Robert Green and Susan Cordes Green - Variance application approved as requested with a condition. (8:50 p.m.) Robert Green and Susan Cordes Green, Lot 2 Block 1 Greens Isle View Addition, South Lake Lida in Maplewood Township, requested the following: to continue the 6 unit resort at Isle View. Currently the density allows for 4 rental units. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve based upon the prior approval of the Otter Tail County Planning Commission, the variance as requested in the variance application dated September 16, 2010 with the condition that the footprints of the existing six units cannot be changed or expanded. Bob Bjornstad - Variance application approved as requested. (9:03 p.m.) Bob Bjornstad, Lots 5 through 11 Bixby Acres, Indian Lake in Dead Lake Township, requested the following: Due to Indian Lake being reclassified to a natural environment lake, we wish to have the 75' setback restored as it was when the Bixby Acres Plat was originally approved in 2002. The audience was polled with no one speaking for or against the variance as requested. September 2, 2010 meeting - After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to allow for an opportunity to discuss with the Land and Resource Department the reason why each property owner did not submit their own application. October 7, 2010 meeting - Ben Hovde appeared with the applicant at the public hearing. Bill Kalar presented information regarding lake reclassifications and the process and decisions made prior to the presentation of this application to the Board of Adjustment for their consideration. After discussion and consideration, Michael Harris made a motion, second by Thomas Lee and carried with Randall Mann and Steve Schierer voting no, to approve a 75’ setback from the ordinary high water level for development on Lots 5 (A and B), 6, 7, 8, 9, 10 and 11 as requested in the variance application dated August 11, 2010. It was noted that when the plat of Bixby Acres was approved the required setback for these lots would have been 75’. Those voting in opposition to the approval indicated that they would rather consider each lot individually instead of considering a blanket approval for a number of lots. ; RC.B310M1 RECAP Collection System ,1^ ,1,4 0,0,0,9,9,0,6,3,7,0,0,0...........................Calc thru: , ,1,/,3,1,/,2,0,1,1, MR#: Total: EMV Inquiry - General Summary (A) R ,,2,0,1,2, ModV Taxpayer A P,E,N,J^iy, ,1^ ,H,oyp,E, T52195 Deeded acresTMV 25,000 Dist: 1402 TIE Dist: Plat: 02193 BIXBY ACRES Sect Twnshp Range Lot 135 LOT 11 BLK 1 25,000 33742 365TH AVE RICHVILLE MN 56576-9502 Block Alternate 33 040 Subd: Escrow ♦MORE NON-HSTD SEASONAL RES RECProp Address Original Adj/Chg Unpaid BalPaymentsT ,_, Net Tax Special Asmt Tot before P&I Penalty ,“ Interest “ Fees * ^Totals F2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=GAMA Y=CMP August 16, 2017 RE; Bixby Acres - Lots 5 through 11; Indian Lake (56-327) 14-000-99-0631-000 14-000-99-0631-001 14-000-99-0632-000 14-000-99-0633-000 14-000-99-0634-000 14-000-99-0635-000 14-000-99-0636-000 14-000-99-0637-000 Per BK, the Variance approval (Document 6198) of October 7, 2010 is to be interpreted to have each lot considered buildable for single family residential use; therefore the lots are not subject to .the “substandard contiguous lot” language in the Shoreland Managerrieht Ordinance. V.