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HomeMy WebLinkAbout29000050037001_Variances_07-08-1999Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA S48871 848871 I hereby certify that this instrument # _ was filed/recorded in this office for recoDd on the 20 day of HillJ_______1999 at Wendy LJl/letcalf, County Recjprder by; ^recording fee ® well certificate c A<^ 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 d>o^Application Fee Receipt Number PROPERTY OWNER DAYTIME PHONE ^(^'TTC€ lAf^r , ^LS/5 Er^tru kS3_JW5i5ADDRESS A5LAKE NUMBER LAKE NAME LAKE CLASS /2>i5SECTION_ TOWNSHIP A*^X?oo - Q5 - oo2>*7- QQ I RANGE TOWNSHIP NAME /k^OSS /7Q PARCEL NUMBER FIRE/LAKE I.D. NUMBER LEGAL DESCRIPTION y^, SQ 4C af" ^5 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED t^-f- of-O <Ss:anned I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCeSUBDIVISION 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. 7 fffl VfiinW ATimc ------------------DATE ''J13L' 2 2 1999ERICA A SHARRATTMALCOLM H £.ESENT AT THE HEARING As To The Date/Time Of Hearing) ^9-000 , S90-000 ^9/-ocx> S9j^ -ooo S93 -coo S99-COO 596-<900 ajlo 6 39-000 3-7' ooj. 37-C03 37'Ooi- 90-oco ^ Accepted By Land & Resource L & R Official/Date /999B-'7.00 f. /T).Date Of Hearing Time Motion Roger Luhning - Approved as requested with conditions. Motion was made by Randall Mann, second by David Holmgren and carried with Mark Steuart voting no, to approve a variance to subdivide a 1.5 acre tract from and existing 69.42 acre parcel with the following conditions: 1) the tract must be permanently attached to Lots 6 and 7, Ellwill Beach, 2) the area contained within the proposed tract cannot be considered when determining the 25% impervious surface coverage of Lots 6 and 7, Ellwill Beach, 3) no residential dwelling can be placed.on this tract, and 4) a registered surveyor’s drawing must be provided at the time of recording. It was noted that a dedicated road to the parcel does exist and that combined Lots 6 and 7, Elwill Beach are substandard in area. Chairman/Otter tail County Board/of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No r ^ A'* ' ; ,lOQCopy of Application Mailed to Applicant And the MN DNR R Official/Dal bk 0198-001 291.306 • Victor Lundeen Co.. Primers • Fergus Falls. Minnesota July 8,1999 Page 2 Roger Luhning - Approved as requested with conditions. Roger Luhning, Battle Lake, MN, requested a variance to subdivide a 1.5-acre tract from and existing 69.42-acre parcel. The property is described as part of the East 76.58 acres of the West Half, Section 5 of Girard Township by Lake Ethel. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by David Holmgren and carried with Mark Steuart voting no, to approve a variance to subdivide a 1.5 acre tract from and existing 69.42 acre parcel with the following conditions; 1) the tract must be permanently attached to Lots 6 and 7, Ellwill Beach, 2) the area contained within the proposed tract cannot be considered when determining the 25% impervious surface coverage of Lots 6 and 7, Ellwill Beach, 3) no residential dwelling can be placed on this tract, and 4) a registered surveyor’s drawing must be provided at the time of recording. It was noted that a dedicated road to the parcel does exist and that combined Lots 6 and 7, Elwill Beach are substandard in area. Michael J. and Molly B. Haglin - Modified variances approved Michael J. and Molly B. Haglin, Plymouth, MN, requested a variance to add a 24’ by 40’ addition to the west side of our cabin and to extend the deck to the full width of the new structure. A building permit was issued on our belief that we met the 75’ setback requirement. Due to sever erosion, this is not the case. The'proposed addition would be in front of the string line, but well behind the building lines connecting the forward most points of neighbors’ decks. The property is described as Lot 6, G. Anderson Sun/ey Lots of . Government Lot 1, Section 30 of Rush Lake Township by Otto Lake., Greg Haglin represented the • applicant at the’public hearing. A letter from Jim and Mary Bies stating that as long as the west property line setback of 10’ is maintained they would support the applicants’ variance application. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren to approve a 24’ by 40’ addition no closer than the existing structure to the ordinary high water level. After additional discussion this motion failed. After additional consideration and discussion, motion was made by John Everts, second by Randall Mann and unanimously carried, to allow development up to what the string line would allow when applying the string line test from the northwest corner of the dwelling on the Larson’s property to the northeast corner of the dwelling on the Bies’ property. It should be noted that this is the northwest corner of the dwelling portion of the Larson structure and not the northwest corner of the garage portion of the Larson structure. After additional consideration, motion was made by Randall Mann, second by Mark Steuart and unanimously carried, to deny any proposed deck above 3’ in height as no adequate hardship had been shown. After additional discussion and consideration, motion was made by John Everts, seconded by Randall Mann and unanimously carried, to clarify the previous motion to read as follows: to deny any proposed deck above 3’ in height, with the exception of what would be allowed by the 15% rule, as no adequate hardship had been shown. SCANNED TERRY LEE ANDERSON LAND SURVEYOR 923 South Oak Street Fergus Falls, MN 56537 Phone/Fax: 218-739-4920 EXISTING LEGAL DESCRIPTION Lots 6 and 7 of ELWILL BEACH, on file and of record in the office of the County Recorder in and for Ottr Tail County, Minnesota. PROPOSED LEGAL DESCRIPTION That part of Government Lot 3 of Section 5, Township 133 North, Range 39 West, Otter Tail County, Minnesota described as follows: Beginning at the Northwest Corner of Lot 7 of ELWILL BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota: thence North 58°45'00" West (Assumed Bearing) along the Southwesterly Line of the Dedicated Road in said ELWILL BEACH a distance of 6.55 feet to the East Line of said Government Lot 3; thence North 00“09'01" West along the East Line of said Government Lot 3 a distance of 77.32 feet to the point of beginning; thence continuing North 00‘’09'01" West along said East Line a distance of 337.66 feet; thence South 89°50'59" West a distance of 250.00 feet; thence South 00°09'01" East a distance of 185.06 feet to the Northwesterly Right-of-Way Line of said Dedicated Road; thence South 58°45'00" East along said Right-of-Way Line a distance of 292.90 feet to the point of beginning. Containing 1.50 Acres. Together with an Easement for Ingress and Egress purposes of which lies southerly and southwesterly of the Dedicated Road in said ELWILL BEACH and of which lies northerly and easterly of the following described line: Commencing at the Northwest Corner of said Lot 7; thence North 58°45’00" West (Assumed Bearing) along the Southwesterly Line of the Dedicated Road in said ELWILL BEACH a distance of 573.00 feet; thence North 88°50'00" West along the Southerly Line of said Dedicated Road a distance of 371.00 feet to the Southwest Comer of said Dedicated Road; thence South 88°50'00" East along the Southerly Line of said Dedicated Road a distance of 2.21 feet tq the point of beginning of said line; thence southeasterly along a nontangential curve concave to the northeast a distance of 141.75 feet, said curve having a central angle of 82°20'05",a Radius of 98.64 feet and a Chord Bearing of South 53‘’19'24" East; thence North 85°30'34" East tangent to the last described curve a distance of 246.68 feet; thence easterly and southeasterly along a tangential curve concave to the south a distance of 81.03 feet, said curve having a central angle of 36“56'26" and a Radius of 125.67 feet; thence South 57°33'00" East tangent to the last described curve a distance of 345.04 feet; thence southeasterly along a tangential curve concave to the northeast a distance of 144.99 feet to the Southeasterly Line of said Dedicated Road and said line there terminating, said curve having a central angle of 32°04'01" and a Radius of 259.05 feet. Also subject to any other Easements or Restrictions of record. I hereby certify that this Survey, Plan or Report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Yeny Lee And^f^on (Minnesota Registration Number 14676) Dated: %mm 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 14th, day of June, 1999 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Roger Luhning, RR 3 Box 95, Battle Lake, MN 56515 Carol Jacobson, Girard Twp Clerk, RR 3 Box 82, Battle Lake, MN 56515 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 John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Joe Maske, RR 1 Box 60B, Pelican Rapids, MN 56572 Mark Steuart, RR 1 Box 82, Richville, 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 14th, 1999 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud •' i DONALD W LUHNIMG RR 3 BOK 160 BATTLE LAKE, MK 56515-9628 ROGER LUHHING RR 3 BOK 95 BATTLE LAKE, MN 56515-9629 ELLEN L DAVIS 18230 20TH AVE N PLYMOUTH, MN 55447-2144 I ARLEEN PAULSON ET AL PO BOX 586 WADENA, MN 56482-0586 STEVEN J h. RENAE J TROVER 2014 ROSE CREEK PKWY E FARGO, ND 58104-6840 DONALD EARL & SUZANNE DITTY 4216 RUSSELL AVE N MINNEAPOLIS, MN 55412-1550 FRANK & SHARON KING 11901 68TH TER W SHAWNEE, KS 66216-2820 TERRY £, CONSTANCE ANDERSON 2024- TETON TRL BROOKLYN PARK, MN 55444-1939 DAVID & LINDA MARIE SMITH/ 8624 MAPLEBROOK PKWY BROOKLYN PARK, MN 55445-1928 KEN & LAVONNE HOCHSTEDLER RR 3 BOX 163B 56515-9628 Hj \$j9\ D ^)|- 4-jc^<)^:J^i-"vc,>^,X^ -^v-iwo. ^,^-i-f,,_e_ ,;t,4A^i-iiL-..a,*^! ^ yv,£./v«-!S-«-T,>a <3<£4<-h'|^ iS-4- /'-<-<-a<^„<_^ >c;^ pJ2jO^ pe/\ CO /SiJLOyJ^ igy^ GIRARD TOWNSHIP Carol Jacobson, Clerk 24893 Palace Road Battle Lake, Minnesota 56515 Telephone: 218- 864-5727 Fax: 218- 864-0354 October 27, 2001 Bin Kalar, Shoreland Management 121 Junius Ave. W Fergus Falls, MN 56537 Dear Mr. Kalar, This letter is in regards to El Will Road. It has been brought to the attention of the Girard Town Board that property owner, Roger Luhning, has plans to attach a road of less than county or township specifications to the under specifications road already in existence. We would like to make you aware that the Girard Town Board opposes having El WiU Road extended to include any new lots being platted. We feel some other solution should be addressed, a road being brought in from the other direction, etc. Thank you for your help in this matter. Sincerely, Girard Town Board Duane Olson Chairman James Trites Supervisor James Adamietz Supervisor RECEIVED NOV 1 4 2001 CM LAND & RESOURCE V/—'