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Home My WebLink About29000240166005_Variances_10-02-2008Variances Barcode 128 1046155 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that i ( ) 4 g 15 5 this instrument #------------------------ was filed/recorded in this office for reiMrd ,on the_Q------day of ( JC®_____2008 at ?£) ^A'.riw J)e]2Uty i^ecording f< weil certific 10 01-O'? THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED SEP 0 9 2008 & KtSUUP.CF 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 f 3io'cM&oooApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date MSO ^Jjf. 6i. C>r-e^€^^tid MfJ DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS 131 LAKE CLASSLAKE NUMBER LAKE NAME ^ /rOueA31IZ2-ZH RANGE TOWNSHIP NAMESECTION TOWNSHIP E-911 ADDRESS PARCEL NUMBER Tr.2^?- OOP- ZH- OlU-Oo^ LEGAL DESCRIPTIONP-h 0\. 2 +•-^o')('UX>.(^‘x^o'o^lcJi^lt^ ISO'uy, l&i ^ 7'’*^ ^ Sou^Jias TYPE OF VARIANCE REQUESTED (Please Check) X Misc.Subdivision ClusterStructure Size Sewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. iZ- [/arlA^cC OH-U/L- or loo. Oor ^irux^uA^ rc, $%’PrO'^ U/C Uu'i^n fe^ouC ^ ^ O'P /o/ /•'VC o9' io . Our ■€.KrS‘^<‘^ (ioojff' 0*^ uxi\)^ 'h> /'Ca\a*ou6 / ■/ r 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. SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER ^ /S/of DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) sc.^:::d - ^ ; 7.-^" P.rr>.oPDate Of Hearing Time Motion Kelly, Donald and Gregory Knoph - Approved the variance as requested for the dwelling and denied the variance as requested for the garage. (7:25 p.m.) After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve the placement of the proposed dwelling/porch no closer to the ordinary high water level than the dwelling to the east and to deny the variance as requested for the proposed garage noting that the applicants have voluntarily agreed to legally located the 8’ by 12’shed located down by the lake. Chairfhan/Otter County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 ^ 329.512 - Victor Lundeen Company, Fergus Falls. Minnesota October 2,2008 Page # 3 Marlene Peterson - Approved the variance application as requested. (7:20 p.m.) Marlene Peterson, Lot 3 Clearwater Beach, Lake Six in Hobart Township, requested a variance of 35’ from the required ordinary high water level setback of 100’ for the placement of a 12’ by 22’ structure 65’ from the ordinary high water level. Ryan Peterson represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 35’ from the required ordinary high water level setback of 100’ for the placement of a 12’ by 22’ structure 65’ from the ordinary high water level. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Kerfly, Donald and Gregory Knoph - Approved the variance as requested for the dwelling and denied the variance as requested for the garage. (7:25 p.m.) Kelly, Donald and Gregory Knoph, part of Government Lot 2, Section 24 of Girard Township by East Battle Lake, requested a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of a 24’ by 40’ dwelling with a 6’ by 40’ porch 56’ from the ordinary high water level and a variance of 10’ from the required side lot line setback of 10’ for the placement of 24’ by 30’ garage 0’ from the lot line. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to approve the placement of the proposed dwelling/porch no closer to the ordinary high water level than the dwelling to the east and to deny the variance as requested for the proposed garage noting that the applicants have voluntarily agreed to legally located the 8’ by 12’ shed located down by the lake. Robert and Carol Stover - Approved the variance application as modified with a condition. (7:32 p.m.) Robert and Carol Stover, Lot 3 and part of Lot 4 Bowery Beach, Pelican Lake in Dunn Township, requested the following: 1) Replace existing foundation using same footprint, 26’ by 34’ and 2) Create 2"“ Story Addition at the back 15’ of existing loft. Request variance of 27’ from the ordinary high water level and 8’ from side lot line. Existing house is 48’ from the lake and 2’ from the lot line. The audience was polled with no one speaking for or against the variance as requested. A letter from Curt Winter in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve the proposed development being no closer to the ordinary high water level than the existing structure with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development/project. Gary Schroeder- Reconsideration of July 3, 2008. (7:43 p.m.) Gary Schroeder, part of Government Lot 1, Section 10 of Elizabeth Township by Long Lake, requested a variance of 57’ from the required ordinary high water level setback of 100’ for the placement of a second level to the existing house 43’ from the ordinary high water level. July 3, 2008 Meeting - The audience was polled with no one speaking for or against the variance as requested. A letter from Shirley and Willis Stelter in support of the variance as requested was read for the record. After discussion and consideration, Michael Harris made a motion, second by Randall Mann and carried with Marion Gill and Steve Schierer voting no to deny the variance as requested as no adequate hardship and/or practical difficulties unique to the property had been shown that would allow for the granting of the variance as requested and noting the existence of a second dwelling which is a prohibited use. After additional discussion and consideration, Steve Schierer made a motion, second by Marion Gill to approve the variance as requested with the condition that the second dwelling must be eliminated before a site permit for the proposed development could be issued. After discussion this motion was withdrawn as this type of condition would not be appropriate since the second dwelling was a pre-existing nonconformity. October 2, 2008 Meeting - After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and carried with Joe Maske abstaining to approve a variance of 57’ from the required ordinary high water level setback of 100’ for the placement of a second level to the existing house 43’ from the ordinary high water level with the condition that an existing garage with living quarter must be removed within one year from the date of this public hearing, it should be noted that the second story addition will be 4’ larger than the existing structure, but it will not be any closer to the ordinary high water level then the existing structure. j RECEIVED SFTWZDDBI LANL)& KtijOL'i^DF' “ SCALE DRAWING FORM OOP- ZH'OI66-00< Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. O' %-Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side)II i ^CvpOjtd X<^P‘ 5^l/z <1^0\^/itA /.‘OnziP/lUn ZHO ~7ZO^kttk 6^&<X/cujZ, /Of'f UCvAif-yCoX 5-HH Hoo OrOPO'jtd ZH'yHo' 1 4- U'XHO* T O'ZHo ..r: prcfo^>eA. 0Ci,-ci^c p' ■i . - 1...........................................!■■■■ i ■ L.. scc:edKiltie T^\ 9/g/o5 Signature of Property Owner Date BK — 0207 329.086 • Victor Lund«en Co. Printers • Fergus Falls. ^ • l-800-346wl870 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existma and Propos^/Irr^pervious Surfaces (must be shown on scale drawing^: Structure(s): ^ Ho Ft^Deck(s): (jiOKX) Driveway(s): Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wali(s); Ft2Landscaping: (Plastic Barrier) Other:Ft2 TOTAL IMPERVIOUS SURFACE: 12.000 Ft2 Ft2LOT AREA:4 ZM4^^21%Z, 6 7^12^ 0>oo %X100 =i IMPERVIOUS SURFACE RATIOLOT AREATOTAL1MPERVIOUS SURFACE Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Kelly, Donald and Gregory Knoph 6950 Belle St. Greenfield, MN 55357 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 2, 2008 at 7:00 p.m.j in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as part of Government Lot 2, Property Address - 45602 Killdeer Trail Section 24, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of a 24’ by 40' dwelling with a 6’ by 40’ porch 56’ from the ordinary high water level and a variance of 10’ from the required side lot line setback of 10’ for the placement of 24’ by 30’ garage 0’ from the lot line. Wayne Stein Board of Adjustment Secretary Date: September 12, 2008 FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE ■ ■V An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cvnara Stadsvold.: Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1. Will the request have an adverse effect on government services? Why or why not?2. Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Why or why not? 3. •! Is there anotheri.feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this factor) Why or why not? 4. How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5. Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6. r Does existing sewage treatment need upgrading?7. Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood? 8. In light of all of the above factors, would denying a variance serve the interests of Justice? Why or why not? The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted. 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 15th, day of September, 2008 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Kelly, Donald and Gregory Knoph, 6950 Belle St, Greenfield, MN 55357 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 East Battle Lake Assoc., % Allen Leo Koep, 24426 Liberty Dr, Henning, MN 56551 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572 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: September 15th, 2008 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: < I lev- V Vi Manderud D PEGGY R BOCHENSKI 45698 KILLDEER TRL HENNING MN 56551 9466 THOMAS W & JOAN B BRETH 809 COLLEGE AVE S SAINT JOSEPH MN 56374 4530 JOHN E GRONEMAN TST 843 2ND ST N WAHPETON ND 58075 3401 CAROL L & JAYSON KNOPH CRAIG D LARSON 3807 CABILDO PL OCEAN SPRINGS MS 39564 8551 GORDON & SHERYL HJELLMING 4465 SLATER RD EAGAN MN 55122 2382 PO BOX 21044 COLUMBIA HEIGHTS MN 55421 0044 DARRELL J & BONNIE I RICHTER 45714 KILLDEER TRL HENNING MN 56551 9466 DONALD J SANDA TRUSTEE 1702 AIRPORT RD APT 219 STAPLES MN 56479 3347 BEVERLY J MILNE TST 972 LYDIA DR W ROSEVILLE MN 55113 1923 BRUCE & CAROL E WIESE 4678 FOREST HILLS CIR NISSWAMN 56468 2369 PAUL L SNETTING TST 506 HIGHLAND DR CHANHASSENMN 55317 9789 KATHLEEN BOCHENSKI SIMON 18513 TROTT BROOK PARKWAY NW ELK RIVER MN 55330 4662 PATRICIA WINKLER ET AL 43736 COUNTY HIGHWAY 16 HENNING MN 56551 9457