The URL can be used to link to this page

Home My WebLink About29000200137000_Variances_12-03-2008Variances 2 Barcode 128 ^Z'5'Z008 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 1 i )4 *11 4 3 was fiied/recorded in this office 1049143 for recopc^n the ^ day of 2008 at 12-1S am^pm) Wendy L. Metcalf,bounty reorder ^cormi^ f^g weii certificate 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 Receipt Number Accepted By / Date A.A1V rt-* 0 vW4- ^-UIa LaIc^, DAYTIME PHONE h &e&>-(cf^”^5^!^PROPERTY OWNER MAILING ADDRESS LAKE NUMBER SECTION LAKE NAME TOWNSHIP RANGE LAKE CLASS CxxV^rA.TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS 6>rAC^ BU*\ /(rAfs>A^ . >1a/ 5^55-/ ~^oGoz^ I s n LEGAL DESCRIPTION ^^3 (^atA >iv^ [x\72- /dCi'.'S’^ ^ Vi loS’f.Ms' 4. •/* IaIcc. Al0y <x/*M l}/^ Lect/^4 ^ ^'3 TYPE OF VARIANCE REQUESTED (Please Check) Subdivision ^Structure Size Sewage System Misc.Structure Setback Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ 2 vAii'll t? /// Ao^ . /<»■/ /jo-f- I Cy/te^s>ecJl Qf€>WK ^ ^ ^ » /\ppendiK 5 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 MANA0EMENT REGARDING THIS MATTER.I Aw, 7.RTY OWNER /^ENT FOR OWNE^DATESIGNATURE OF PRO! APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ( \ /?/nTimeDate Of Hearing i Motion;U ■\ \ Ann and Timothy Schmidt- Approved the variance application as requested with a condition. (7:20 p.m.) After discussion and consideration, Paul Larson made a nriotiori,, second by Michael Harris and unanimously carried, to approve access to proposed Lot 2 from the existing access easement as described in the variance application dated November 7, 2008 . arid as depicted on'the registered surveyor’s drawing!submitted with the variance application with the condition that the existing access easement serving proposed Lot 2 cannot be connected to Beauty iShore Trail. In other words there can be no road constructed across proposed Lots ,1 and 2 that would connect the access easement as shown on the registered surveyor’s drawing dated November 7, 2008 with Beauty Shore Trail. 'I.. !Permit(s) required frbrn Land & Resource Management \ . Yes (Contact Land & Resource Management) 01^X No IO^IcbIdS L R Official/Date ■ Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesotat December 3, 2008 Page # 2 Alan W. Pettit - Denied. (6:54 p.m.) Alan W. Pettit, part of Jackson and McKee’s Addition and part of Governnnent Lot 1, Section 23 of Pine Lake Township, requested the following; We have an existing deck. We are requesting a variance of approximately 18’ from the ordinary high water level to build a three season porch over the existing deck and a small covered walk way on to the existing dwelling. The portion of the dwelling where the new additions will be attached is ahead of the building line. The proposed additions will be approximately 57’ to the ordinary high water level. Jeff Pettit represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and carried with Paul Larson voting no to deny the variance as requested noting that the variance as requested is a substantial variation from the requirement of the zoning ordinance, that there is another feasible method to alleviate the need for a variance and the proposed development is contrary to the public interest in that it would establish precedence and ^^te^ally restricL^w from the adjacent property. ^Mwirand Timothy’%chmidt - Approved the variance application as requested with a condition. (7:20 p.m.) Ann and Timothy Schmidt, part of Government Lot 3, Section 20 of Girard Township by West Battle Lake, requested the following: We are proposing for future development these two lots (survey on file with the County Auditor’s office). Lot 2 will be accessed from an existing access easement (Document Number 897230). This is the same way the lot is accessed now. Lot 2 would not have public road frontage. Lot 1 would be accessed from Beauty Shore Trail. We are requesting a variance from minimum road standards. Brad Nyberg, Surveyor, appeared with the applicant at the public hearing. The audience was polled with Bill Weitzel providing general information regarding the area and with Diana Johnson expressing concerns with the variance as requested. An email from Diana Johnson in opposition to the variance as requested was read for the record. A letter from Kingsley D. Holman in support of the email written by Diane Johnson was read for the record. Letters from Keith and Elizabeth Keller, Richard and Laura Miller, Sara Soucy and Jack and Bev Bernard in opposition to the variance as requested was read for the record. After discussion and consideration, Paul I arson made a motion, second bv Michael Harris and unanimously carried, to approve ar.npRs tn prnpn.sarl I nt 2 from tha Rxisting amass easament a.<s dasorihari in tha varianr.p appliratinn HatoH i November 7. 2008 and as depicted on the registered surveyor’s drawing submitted with the variance application with tha rnnditinn that tha PYisting anr.pgc; aagamant sarving prnpngaH I nt 7 In Other words there can be no road constructed across proposed Lots 1 and 2 that would connect the access, easement as shown on the registered surveyor’s drawing dated November 7. 2008 with Beatjty .gjhnra Trail not be connected to Beauty Shore Trail. ^ran Linda and Loren Bailey - Approved ordinary high water level setback request and deny side lot line request. (8:00 p.m.) Linda and Loren Bailey, Lot 11 Rosenquist Beach, Eagle Lake in Eagle Lake Township, requested the following: variance request of approximately: 10’ from the 50’ shore impact zone; 35’ from the ordinary high water level setback of 75’; 4’ from the 10’ north lot line setback. Planned 1, 1 >4, and 214 story additions will not be closer to the lake nor to the north lot line than existing cabin. The audience was polled with Grant Johnson speaking against the variance as requested and with Mark Carlson expressing concerns with the proposed development. Letters from Pat and Connie Prunty, Jeff and Ruth Gallagher and Bev Peterson in opposition to the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve a variance of approximately 10’ from the required shore impact zone setback of 50’, to approve a variance of 35' from the required ordinary high water level setback of 75’ and to deny the side lot line variance as requested for the placement of a dwelling/additions, not exceeding two-stories in height, approximately 40’ from the ordinary high water level as depicted on the drawing submitted with the variance application and at least 10’ from the side lot line. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. It should also be noted that the variance as approved will secure for the applicants the same rights enjoyed by others in this immediate area. WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # ________________________ Application . As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of the receipt of the completed Application(s). I understand that in the absence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the property before taking action on my Appiication(s). described in my dated 7, DATED PROPERTY OWNER 11~02~04 Mbowman forms~apps waiver 60 day rule Ji . -1 \ t