The URL can be used to link to this page

Home My WebLink About29000300201000_Variances_08-04-2011Variances 2 Barcode 128 illHIii1095787DOC# 1095787 OFFICE OF COUNTY RECORDER OTTUR TAIL COUNTY MINNESOTA 1095737 Fee: $46 00 Well Certificate [ ] Ree dCertified, Filed, and/or Recorded, August 08 2011 3:15 PM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE 3y. LL 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 RECEIVED JUN 2 9 2011 LAND & RESOURCE aV/d/T /)/) 2 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date 'Um/h ^ j, ___________DAYTIME PHONE ^/9{0 G//S"^ MAILING ADDRESS ^ LAKE NUMBER ^6 - 23*3 LAKE NAME SECTION 30 TOWNSHIP RANGE TOWNSHIP NAME PROPERTY OWNE ________LAKE CLASS / PARCEL NUMBER E-911 ADDRESS2 ^ soo JS. o/oc^o ¥LEGAL DESCRIPTION I, Ftflyilii im m Mi It. (H), riflj _ * Government Lot Two (2) except Girard Beach, Section Thirty (30), Township On Hundred Thirty-three (133), Range Thirty-nine (39). TYPE OF VARIANCE REQUESTED (Please Check) |i iiiiH (ii%r- t|[ (fn)i Miji (»)i Bhtj o» /^"J\ A,SubdivisionStructure Setback Structure Size Sewage System Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Applicants request variance from the Otter Tail County Shoreland Management Ord. requirement, section 4-B, that new non-residential lots be “created by subdivision plat”. Instead, applicants request that eight new lots within Gov’t Lot 2 (Parcels 2-9 in attached sketch) be attached by metes and bounds to platted Girard Beach lots (53-69). Other requirements of the Ord. and of exemptions in Subdivision Controls Ord. (section 1-6) would be met. Direct metes and bounds attachment of these new lots to existing platted lots would avoid the practical difficulty, costs, and environmental impact of a second 66-ft Township easement through Gov’t Lot 2 parallel to and only ~200 ft away from the existing Township road, Garland Lane. 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 & RESOURbE MANAGEMENT REGARDING THIS MATTER. wzlSIGNATURE OF PROPERTY OV<fNER / AGENT p6r OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) jh V,i:3a Prn.TimeDate Of Hearing JLLk Motion Teresa A. Fitzgibbon and Harrisen H. Schmitt - Denied (6:32 p.m.) After con'sTdefation'and’TOnSiderable discussion, Steve’SeTTi&ref'rfiade a fftofibtr.’^ecbWed^MbTiaeTHarris and unanimously carried, to deny the.v^anqe.as requested as no adequate practicaLdiffic.ulty UDiqueto the applicants’-.property had been shown that would allow forfhe'-gfahting ofthb^^riance'aT'requesteci'bntl'^th''e'grantrng”ofthe'varia*nce*as'requested would create 8 substandardimf tes and bounds parcels. It was the generaKop(niOT ofJhe;Board that Planning -GommiSSion review of the proposed su'Bdivision would be the process to follow and would "help acliJressb number of the'issues presented by those individuals speaking atthe-publi^heg^ing. No practical difficulty-had'^een shown'that{y^duld allow for bypassiRg the platting process. The Planning Commission platting process is an alternative available to the applicants that will provide greater review of the proposed development. oard of^justment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No iMlLCopy 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 Of j/yiiL ,■'/A .dt^UMAAciuJ JSvUJ MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 4, 2011 The Otter Tail County Board of Adjustment met Thursday, August 4, 2011, with the following persons in attendance: Marion Gill Thomas Lee Michael Harris Randall Mann Mark Ronning, Land and Resource Management David Hauser, County Attorney Paul Larson Steve Schierer Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the July 7, 2011 meeting as mailed. The Board of Adjustment considered the following applications for variance: Teresa A. Fitzgibbon and Harrisen H. Schmitt - Denied (6:32 p.m.) Teresa A. Fitzgibbon and Harrisen H. Schmitt, part of Government Lot 2, Section 30 of Girard Township by West Battle Lake, requested the following: Applicants request variance from the Otter Tail County Shoreland Management Ordinance requirement. Section 4-B, that new non-residential lots be “created by subdivision plat”. Instead, applicants request that eight new lots within Government Lot 2 be attached by metes and bounds to platted Girard Beach lots (53-69). Other requirements of the ordinance and of exemptions in Subdivision Controls Ordinance (Sections 1-6) would be met. Direct metes and bounds attachment of these new lots to existing platted lots would avoid the practical difficulty, costs, and environmental impact of a second 66’ Township easement through Government Lot 2 parallel to and only -200’ away from the existing Township Road, Garland Lane. The audience was polled with Bill Davis, Rebecca Greenagel, Howard Hansen, Cynthia Johnson, Gary Maier and Clair Prody, addressing the applicants’ request. Many of those speaking expressed concern with the road and access to the proposed lots. An email from Larry A. and Claudia B. Loll expressing a number of issues for consideration by the Board was read for the record. Bill Davis during his comments also presented two letters and three pictures which were placed on file for current and future reference. After consideration and considerable discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate practical difficulty unique to the applicants’ property had been shown that would allow for the granting of the variance as requested and the granting of the variance as requested would create 8 substandard metes and bounds parcels. It was the general opinion of the Board that Planning Commission review of the proposed subdivision would be the process to follow and would help address a number of the issues presented by those individuals speaking at the public hearing. No practical difficulty had been shown that would allow for bypassing the platting process. The Planning Commission platting process is an alternative available to the applicants that will provide greater review of the proposed development. Kathleen and Melvin Wright - Application approved as requested with a condition. (7:12 p.m.) Kathleen and Melvin Wright, Lot 3 Block 1 Stich and Wagner Development, Spitzer Lake in Leaf Mountain Township, requested a variance of 96’ from the required ordinary high water level setback of 200’ for the placement of deck 104’ from the ordinary high water level. Dan Zierden appeared with the applicants 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, seconded by Thomas Lee and unanimously carried, to approve a variance of 96’ from the required ordinary high water level setback of 200’ for the placement of a deck 104’ from the ordinary high water level setback with the condition, as voluntarily agreed to by the applicants, the existing 19’ by 16’ slab will be removed. The practical difficulty is the shape of the applicant’s property. It was also noted that the best view of the lake can only be obtained from the proposed location. .V'X ®SS*,S5*‘*s 1.: '-?n- ^ • V» ?■ ‘t-st;* - at i-.- ‘-ri'-- .C'’ m k f i T