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HomeMy WebLinkAbout29000300205000_Variances_09-14-2006Variances Barcode 128 ^^m-zooip 1007333 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA IhSrrSnoovaaa was filed/recorded in this office for record on the_Li_day of 2006at2iiL^Sm/j3m Wendy L. Metcalt County ftecora^ U7^ ■UCcfpecorriin^ ------------------well 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 IH057(. sintoL COMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date Vx3 ^V\g? NT _______DAYTIME PHONE2 > ^ ~ ~ IBPROPERTY OWNER MAILING ADDRESS ■) LAKE NUMBER LAKE NAME LAKE CLASS _ nTQwVC^ SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESSooO LEGAL DESCRIPTION £5V OkUJwtC jUoY^k oVLotu ■ 11- ^3 TYPE OF VARIANCE REQUESTED (Please Check) tr Subdivision,Cluster Misc.Structure Size Sewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. This is a variance request to develop three residential back lots with a reduction in the minimuin frontage requirements for residenti^ back lots. The requirement for residential back lots for a General Development lake is 200 feet of frontage and 40,000 square feet. The request is a reduction for Lx>t 1 of 100 feet and 2 and 3 is reduction of 150 feet from the required 200 feet. On proposed Lot 2 and Lot 3, the proposed plan is to have a common shared driveway for the lots. Upon approval for the variance, the applicant will proceed to submit to the otter Tail County Planning Conunission to subdivide the lots. The hardship is the restriction to acquire additional footage due the historical recorded deed lines. 1 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. B>/nJo(^ DATEsignature OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) r^m. ^ /S /=t m /VDate Of Hearing Time ^CtyL Motion i/ayne Horgen - Approved a variance for a modified request with conditions. (9:15 p.m.) eptember 14, 2006 - The audience was polled with Orlo and Barbara Baslington, James Line and Bob Westgaard expressing concerns with the ariance as requested. Letters from Glennis Decker-Brosz, Marilyn Eastman, Michael Werner, Robert and Judith Reed and William and James adlicka. Rod and Bonnie Nelson and James and Linda Line in opposition to the variance as requested was read for the record. An email from lark Neitzke and Nancy Grossman opposing the variance as granted was readier the record. After consideration and discussion, Steve Schierer lade a motion, second by Randall Mann and unanimously carried, with the verbal permission of the applicant, to table this application until the ictober 5, 2006 Board of Adjustment meeting to allow the applicants an opportunity to consider other subdivision alternatives. October 5, 2006 leeting - Jim Peterson, Surveyor, appeared along with the applicant. Mr. Peterson presented an alternative which displayed how the entire para Duld be developed. This alternative is not what Mr. Horgen wishes to do with his property at this time. Mr. Peterson presented another alternative ) create one 5 acre parcel instead of the three parcels as originally requested. After discussion and consideration, Steve Schierer made a motion econd by Paul Larson and unanimously carried, to approve as a buildable lot a 5.02 acre metes and bounds parcel having 100’ of frontage on the ubiic road with the following conditions: 1.) a registered surveyorls_dr§wing must be provided and 2.) no structures can be located/placed in the arrow portion of the p^ f-way. iich TOm the drawing submittedat the public hearing would be approximately the first 200’ back from the road right- (t^f=r^rml^ttertkil County^oard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No kJUMAX) Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0106-001 V. Lundeen 324855 r October 7, 2006 Page # 5 Wayne Horgen - Approved a variance for a modified request with conditions. (9:15 p.m.) Wayne Horgen, part of Government Lot 1, Section 30 of Girard Township by West Battle Lake, requested the following: "This is a variance request to develop three residential back lots with a reduction in the minimum frontage requirements for residential back lots. The requirement for residential back lots for a General Development lake is 200 feet of frontage and 40,000 square feet. The request is a reduction for Lot 1 of 100 feet and 2 and 3 is reduction of 150 feet from the required 200 feet. On proposed Lot 2 and Lot 3, the proposed plan is to have a common shared driveway for the lots. Upon approval for the variance, the appiicant will proceed to submit to the Otter Tail County Planning Commission to subdivide the lots. Jim Peterson appeared with the applicant at the public hearing. September 14, 2006 - The audience was polled with Orlo and Barbara Baslington, James Line and Bob Westgaard expressing concerns with the variance as requested. Letters from Glennis Decker-Brosz, Marilyn Eastman, Michael Werner, Robert and Judith Reed and William and James Jedlicka, Rod and Bonnie Nelson and James and Linda Line in opposition to the variance as requested was read for the record. An email from Mark Neitzke and Nancy Grossman opposing the variance as granted was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Randall Mann and unanimously carried, with the verbal permission of the applicant, to table this application until the October 5, 2006 Board of Adjustment meeting to allow the applicants an opportunity to consider other subdivision alternatives. October 5, 2006 Meeting - Jim Peterson, Surveyor, appeared along with the applicant. Mr. Peterson presented an alternative which displayed how the entire parcel could be developed. This alternative is not what Mr. Horgen wishes to do with his property at this time. Mr. Peterson presented another alternative to create one 5 acre parcel instead of the three parcels as originally requested. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve as a buildable lot a 5.02 acre metes and bounds parcel having only 100’ of frontage on the public road with the following conditions: 1.) a registered surveyor’s drawing must be provided and 2.) no structures can be located/placed in the narrow portion of the parcel which from the drawing submitted at the public hearing would be approximately the first 200’ back from the road right-of-way. David Nyhus - Tabled. (9:14 p.m.) David Nyhus, Lots 13 and 14 Linden Park, East Battle Lake in Girard Township, requested the following: I propose to construct (1) 22’ by 34’ addition with a 10’ by 8’ entry, (2) 24’ by 40’ second story addition to existing dwelling and (3) 24’ by 40’ second story addition to existing garage (to become one structure). The closest addition will be 24’ form the ordinary high water level. Requesting a variance of 76’ from the required ordinary high water level setback of 100’ for the development as proposed above. Project timeline is over the course of approximately three years. September 14, 2006 Meeting - The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to table, per the request of the applicant, this variance hearing until the October 5, 2006 Board of Adjustment meeting. The applicant requested this action prior to the September 14, 2006 meeting and indicated that he would submit a written request for the file. October 5, 2006 Meeting - Prior to the meeting Thomas A. Gedde, Attorney for David Nyhus, submitted a letter requesting that the hearing be tabled until the November 2, 2006 meeting. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, per the request of the applicant’s attorney, this variance application hearing until the November 2, 2006 meeting of the Board of Adjustment. Additional Discussion - Scenic Point Resort - April 1, 1999 Eric Babolian, Land and Resource Management, brought forth for discussion a variance application which was originally heard by the Board of Adjustment on Thursday, April 1, 1999. Mr. Steve Adams appeared to represent his interest (Cabin No. 5) in the Scenic Point Resort Development. In April of 1999 a number of additions were approved by the Board of Adjustment. The issue before the Board of Adjustment was how the roof on the addition would be connected to the existing structure and if a variance should be required. The Board of Adjustment took no formal action regarding the information discussed, but did indicate general agreement with the project; however, it was the opinion of the Board that the Land and Resource office and the County Attorney’s office needs to determine if another variance application is necessary due do the change in the roof pitch. With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:36 p.m. 'a)o \XgxYPrepared by:i Wayn^ystein, Secretary The minutes were mailed on Saturday, October 7, 2006 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment on Thursday, November 2, 2006. I-)r" ^ -1 T ■7 ^ '-----1I \ .t__/V------/ V------/O :?? /5./<7 ACRES SCALE: / INCH = /<X> FEET BEARINGS ARE BASED ON AN ASSULIED DATUM. % DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED “PLS !3(>20 4 17525". h I --- J h () ^/-I J \(O> _ V ^ r\\(p SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT NAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LANS OF THE STATE OF MINNESOTA. DATED THIS 5TH DAY OF OCTOBER, 20(X>. PROFESSIONAL LAND SURVEYOR MINNESOTA LICENSE NO. 13620 CERTIFICATE OF SURVEY FOR: NAYNB NORGEN FIELD BOOK ALS-162/56 CONTRACT NO. 274-06FF FOLDER 274-06 DRAWN BY rnsNDERSON LAND SURVEYING, INC. FIELD CREW JSL i JAK313 SOUTH MILL STREET, FERGUS FALLS, MN 5^>536-OI25 (213) 73^S2i>3 ^16 NASHINGTON AVENUE, DETROIT LAKES, MN 5^50! ('213J 347~C500 324 BROADNAY, STE. 203, ALEXANDRIA, MN 50303 (320) 702-5203 CRD FILE 274-06 CR5 FILE 274-06 DWG FILE 274-06VAR DRAWING NUMBER CHECKED BY DAA SEC - TWP - RG 30 - 133 - 3^74U J