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HomeMy WebLinkAbout29000360244009_Variances_08-03-2006Variances Barcode 128 1003269 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #-.l was filed/recorded in this office for record on the—,^—day of ^ ( 2006 Wendy L. itfetcaljL County F^order hyU"^yM^//y to^-^DesatV^ ^(-^/OcJ^Tecor6inQ fee^ ^ well certifirate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER D8-e>3-0'<’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 Receipt Number / Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK (651)774-8620PROPERTY OWNER Lawrence Hilton and Jennifer Hi 1 rnn MAILING ADDRESS 15260 Aquila Ave DAYTIME PHONE Savage, MN 55378 * 1 LAKE CLASS Recre. Develo.LAKE NUMBER 56-138 LAKE NAME Fagf Rafflo T.aVp 36___TOWNSHIP 133 RANGE 39 TOWNSHIP NAME GirardSECTION E-911 ADDRESS PARCEL NUMBER 29000360244009 LEGAL DESCRIPTION Tvmshp Range 133 039PARCELS 19 Sc 20 IN GL 4 DOC#974724 SectSEE ATTACHED LEGAL DESCRIPTION 36 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback X Structure Size ClusterSewage System __ Subdivision Misc. SPECIFY VARIANCE REQUESTED ^plicants request a variance to locate structure & s&ser in existing road easaient. ^ — ................... We are requesting a variance from the structure setback and variance from the sewer setback from a road easement. There is road on Lot 20, and this has never been used as a road. Further, the property located to the East has no entitlement to access this easement. The house was constructed with the belief that this was a township road and would altered and vacated. A resolution was actually passed by Girard Township vacating the road easement; however, after the resolution was passed by Girard Township it was found that this road was in fact a private easement and it is the Otter Tail County Attorney’s office position that the Township does not have the right to vacate the private easement. Therefore, we are looking for a variance from the setback requirements for our home and septic system. The house otherwise meets or exceeds the other setback requirements. no over Due to the unique circumstances of this private easement being located on the property with no purpose, the fact that the variance, if granted, will not alter the essential character of the locality and since the location of the house is practical and a reasonable use, there is a practical difficull3j,and particular hardship and ihcrcfore a variance is wanantcd. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIAITCE 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.z Zk DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Hearing Time 3 Motion Lawrence and Jennifer Hilton - Approved the variance as requested. (9:08 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve the variance as requested in the variance application dated July 11,2006 and as depicted on the drawing submitted with the variance application. Hardship is the existence of a road easement that is not currently used as a road. Chaifman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Managemen X Yes (Contact Land & Resource Management' 9/y/oi7 No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0903-001 315,694 • Victor Lundaen Co., Primers • Fergus Falls, Minnesota V ^<9. vT ^9"S 76*2|^45^ E\N 76'20'45" W^9- ^4"~1 109,48'152,85'446.05 toi @ ito SIS ^ \) 1 .rt, i > isr •«t-«.* I' .o COcr.r^o>CO c\j■>^- >«rnj -SD C/) >(/) r V ■ - ~- ^3’’24'06* £R/W ■J48 80'^cOe^i-P-f >R) -rWf OK^ IfJT )r-S 72-1 r^'r—O----Z§.’32'^£R/V-6^CO ^D iAt)V0 ?ifv^cu CO■O' A 1 f I JUh-f I “i-uuos i~3/u r.uua/ulu RESOLUTION FOR THE ESTABLfSHMENT AND VACATION OF THAT PORTION OF CHIPPEWA WAY PASSING THROUGH TRACTS OF LAND KNOWN AS LOTS 18, 19 AND 20 Minn. Stat. #164.06, subd. 1 allows a town board to initiate the town roadWHEREAS, establishment, vacation or alteration procedure contained in Stat. #164.07 upon receiving authorization of the town electors; The town electors determined that it is in the best interests of the town andWHEREAS, the sEifery of persons using the road to authorize the town board to initiate the road procedure in Minn. Stat. #164.07 without having to obtain the petition described in Minn. Stat. #164.07, subd. 1; The town board has undertaken the procedure contained in Minn. Stat.WHEREAS, #164.07 to establish and vacate that portion of Chippewa Way (see attached stirvey), passing through tracts of land owned by Ronald M. & Margaret Shanahan and Lawrence M. & Jennifer E. Hilton known as Lots 18,19 and 20, by conducting a public hearing on June 17,2006 at 10:00 a.m. at the road site, at which time the town board examined the road, heard the interested parties and considered the matter; The town board determined that the action is consistent with the publicWHEREAS, interest; NOW, THEREFORE, BE IT l^SOLVED, That the town board of Girard Township, Otter Tail County, Minnesota hereby establishes and vacates that portion of Chippewa Way (see attached survey), BE IT FURTHER RESOLVED, that the town board chair and town clerk are hereby authorized and directed to execute and record a town road order establishing and vacating said town road and to record same with the county recorder of Otter Tciil County; BE IT FINALLY RESOLVED, that the town clerk is authorized and directed to provide a copy of this resolution to each of the affected owners listed above. Adopted this 17th day of June, 2006. JUN-21-2006 .17:15 P.09 JUM-n-^UUti' U4:CdKM hKUM-f“Dfu • r.uiu/ulu r-334 i’ Girard To\vTiship Board (yz/Attest; Town Ci^]Touti Chairman I Town Supervisor 1 1) . I Town ^ypemsor .‘i. JUN-21-2006 17:15 P. 10’■ JUiN-i iTcuuD u<t:t^nvi rKuw-I “31u r.uuI/u I u r~334 -i RESOLUTION FOR ACCEPTANCE OF TOWNSHIP ROAD WHEREAS, when public need is deemed sufficient and necessary, Girard Township will accept mainten^ce and upkeep of a specific dedicated to the public road as authorized under 164.15 MS; and WHEREAS, a specific dedicated to the public road must meet Girard Township road standmds as adopted March 13 ,2001 before maintenance and upkeep will be accepted; and WHEREAS, a specific dedicated to the public road does not meet Girard Township road standards as adopted March 13,2001, but with agreement of property owners with properties abutting said road or properties with necessary use of the road and Girard Township to do partial grading and reshaping so said road meets Girard Township road standards; NOW THEREFORE BE IT RESOLVED, a specific dedicated to the public road known as Chippewa Wav will meet all Girard Township road standards as adopted March 13,2001 and has been shown to be necessary for public use and safety, will hereafter be known and listed as a township road. Girard Township will provide any maintenance arid upkeep as needed on Chippewa Wav ^ 2006.Adopted this 3rd day of June q. OJI^ Chairraan Attest: S Township Cleri ! JUN-21-2006 17:14 33V.P.0? MUN-21-2006 04 .-23PM FROH-l-ill'u K.UUtf/UlU I-OM/IV- 1 RESOLUTION FOR THE REALIGNMENT OF A TOWNSHIP ROAD AND VACATING OF THE OLD SECTION OF ROAD. WHEREAS, certain safety standards are maintained for Girard To-wnship roads; and WHEREAS, Girard Township will take corrective measures when some part of a township road has been identified as hazardous or unsafe, and a solution to the problem is feasible; NOW THEREFORE, BE. IT RESOLVED, The lack of a cul-de-sac or turn-around on Chippewa Way, as located on the attached map, is hazardous and unsafe to the safety of the general public using that road. Girard Township will relocate Chippewa Way North 75' to 200' on Lots 18,19 and 20, as specified on the attached map, with the understanding that Girard Township will go through the procedure to vacate the old road. NOW THEREFORE, BE IT RESOLVED, It has been agreed that all the expenses involved in relocating Chippewa Way and constructing a cul-de-sac or turn-around on Lots 19 and 20 will be special assessed to the Chippewa Way improvement project. Adopted this 3rd day of June, 2006. Ch lan Attest;;r Clerk J.UN-21-2006 17: 14 P.08 ■ August 3,2006 Page # S y^rer\ce and Jennifer Hilton - Approved the variance as requested. (9:08 p.m.) Lawrence and Jennifer Hilton, part of Government Lot 4, Section 36 of Girard Township by East Battle Lake, requested the following: Applicants request a variance to locate structure and sewer in existing road easement. We are requesting a variance from the structure setback and variance from the sewer setback from a road easement. There is no road on Lot 20, and this has never been used as a road. Further the property located to the East has no entitlement to access over this easement. The house was constructed with the belief that this was a township road that would be altered and vacated by the township. A resolution was actually passed by Girard Township vacating the road easement; however, after the resolution was passed by Girard Township it was found,that this road was in fact a private easement and it is the Otter Tail County Attorney’s office position that the Township does not have the right to vacate the private easement. Therefore, we are looking for a variance from the setback requirements for our home and septic system. The house otherwise meets or exceeds the other setback requirements. Nicholas Heydt, Attorney, appeared with and represented the applicant at the public hearing. Mr. Heydt indicated that the only variance needed was for the structure and that the applicant does have adequate room for the placement of the septic system. The audience was polled with Duane Olson and Jim Trites, Town Board Members speaking in support of the variance as requested. Letters from Timothy and Patricia Montague, Ronald M. and Margaret Shanahan and Kerry and Shirley Koestler in support of the variance as requested were noted for the record. After consideration and discussion, Steve Schierer made a motion, second by Cecil Femling and unanimously carriedl to approve the variance as requested in the variance application dated July 11,2006 and as depicted on the drawing submitted with the variance application. Hardship is the existence of a road easement that is not currently used as a road. Robert D. Johnson - Withdrawn Robert D. Johnson, part of Lots 8 and C Shirley Beach and Lot 9 Shirley Beach Resurvey of Reserve Lots 1 and 2, Otter Tail Lake in Amor Township, requested a variance of 6’ from the required ordinary high water level setback of 75’ for the placement of a 30’ by 50’ dwelling 69' from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. Prior to the meeting Mr. Johnson called the County Auditor’s office to withdraw his variance application. No action was taken at the public hearing since the applicant had withdrawn his request prior to the public meeting. Teddy Ray Jennings - Approved the variance as requested. (9:20 p.m.) Teddy Ray Jennings, Lots 3, 4 and 5 Block 1 Echo Ranch Riviera Seventh Addition, Otter Tail River in Otter Tail Township, requested the following: I own Lots 3, 4 and 5 Block 1 of Echo Ranch Riviera Seventh Addition. Each lot being 75’ wide. I request Lot 3 to be increased in size to 125’ wide and Lot 4 be increased to 100' wide and eliminate Lot 5 all together. Permanently. Would like the reconfigured lots declared buildable. The minimum size for a standard platted lot on a river classified as “Transition” is 250’ , of width and 60,000 square feet of area. 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 Robert Schwartz and carried with Paul Larson voting no, to declare Lot 3 and 50’ of Lot 4 as a buildable lot and to. declare Lot 5 and 25’ of Lot 4 as a buildable lot. It was noted that Lots 4 and 5 are currently under a common ownership and would be considered a buildable lot and that Lot 3 is currently under an ownership different from Lots 4 and 5 and would be a buildable lot, therefore, the variance as approved does not increase the number of buildable lots, but only reconfigures the width and area of the two existing buildable lots making them more equal in size to each other. It should also be noted that the applicant must either record a document of conveyance placing that portion of Lot 4 being attached to Lot 3 in the same ownership as Lot 3 or record a document that puts Lot 3 in the same ownership as Lots 4 and 5. i r. Timothy & Patricia Montague 31677 Broadmoor Drive Evergreen, CO 80439 303-670-8544 July 25, 2006 Wayne Stein Board of Adjustment Secretary Otter Tail County Government Services Center ' 565 West Fir Avenue Fergus Falls, MN 56537 To Whom It May Concern: This is in response to the variance request made by Lawrence and Jennifer Hilton concerning Parcels 19 and 20 in Government Lot 4, located next to 45578 Chippewa Way on East Battle Lake. ' We are owners of property address 45708 Chippewa Lane, located just east of these parcels. We wholeheartedly endorse and support the Hilton’s efforts to obtain this variance, as we believe the proposed site of the new cull de sac is in a much more usable and practical place. We believe granting the variance and implementing the proposed plan to install a turn around are not only in the best interest of all property owners both to the west and east of the parcels but would also relieve the Hilton’s of their particular hardship. This is of particular importance to us because this will also help ensure that the easement in the current location on the Hilton’s property will not be used in the future to link access through our property to the west, as was our understanding when we purchased our lake home in June of last year. we can provide which may persuadePlease let us know if there is any further information the County to expeditiously grant this variance. Sincerely, Tirnothy & Pah^a Montague July 27, 2006 Otter Tail County Board of Adjustment Otter Tail County Government Services Center 510 Fir Ave. W. Fergus Falls, MN 56537 Ref: Application for Variance by Lawrence and Jennifer Hilton 45260 Aquila Ave Savage, MN 55378 To Whom It May Concern: We, Shirley and Kerry Koestler, support the Hiltons in their request for a Variance for the location of the house and sewer system. We have homesteaded our property on Chippewa Way and live here year around. The current road dead ends at the end of the Hilton’s property, and offers no traffic flow problems. The township has indicated they are willing to relocate any future road to help accommodate the building of the house. This had the endorsement of all who attended that particular meeting. We would hope that, after visiting the site and reviewing all of the appropriate information, that the Variance for Hiltons will be granted. Sincerely, Kerry & Shifley Koestler 45500 Chippewa Way Vining, MN 56588 218-769-4263 3 i^gri S>r)ff^h3jUL. 0 (X /1/-/—'/?)CAiild IjiJ.'C jS'Jr._Ij.I (X3<3. ] ij&d/iru.^.A3. 3 l-M S' ■ Yojddj^.,. ;' Notice of Hearing for VarianceI Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Lawrence and Jennifer Hilton 15260 Aqui la Ave Savage, MN 55378 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, August 3, 2006 at 7:30 p.m., 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 accornmodations 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 Parcels 19 and 20 in Government Lot 4, Property Address - Next to 45578 Chippewa Way Section 36, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD i The variance requested is - the following; Applicants request a variance to locate structure and sewer in existing road easerhent,.. We are requesting a variance from the structure setback and variance from the sewer setback from a road easement. There is no road on Lot 20, and this has never been used as a road. Further the property located to the East has no entitlement to access over this easement. The house was constructed with the belief that this was a township road and wo.uld altered and vacated. A resolution was actually passed by Girard Township vacating the road easement; however, after the resolution was passed by Girard Township it was found that this road was in fact a private easement and it is the Otter Tail County Attorney’s, office position that the Township does not have the right to vacate the private easement. Therefore, we are looking for a. variance from the setback requirements for our home and septic system. The house otherwise meets or exceeds the other setback requirements. M^ayne Stein Board of Adjustment Secretary ■ j • Date: July 14, 2006 t. I :• ■‘•V Jt 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 17th, day of July, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Lawrence and Jennifer Hilton, 15260 Aquila Ave, Savage, MN 55378 Carol Jacobson, 24893 Palace Road, Battle Lake, MN 56515 East Battle Lake Assoc., AMen Koep, Spirit Lake Resort, 30274 County Highway 4, Vergas, MN 56587 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West^ Otter Tail County Highway Engineer, Courthouse, 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. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecil B. Femling, 13 6th St. NE, Pelicaii Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 by placing a true and correct copy thereof iii 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 attachrrient. Dated: July 17, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment \jL':By: Vi Manderud CARL J ZACHMANN 45429 CHIPPEWA TRL VINING, MN 56588-9554 KEVIN L WALLEVAND ET AL 906 1 STAVE NW BYRON, MN 55920-1410 STANLEY E & BEVERLY SIEDOW 45754 CHIPPEWA LN VINING, MN 56588-9555 TIMOTHY P & PATRICIA MONTAGUE 31677 BROADMOOR DR EVERGREEN, CO 80439-8956 RONALD M & MARGARET SHANAHAN 9001 MULBERRY CT LA VISTA, NE 68128-2839 LAWRENCE M & JENNIFER E HILTON 15260 AQUILAAVE SAVAGE, MN 55378-2357 NOBLE & CATHERINE GILBERTSON 216 HICKORY DALE DR DOVER, DE 19901-1808 CRAIG A & SUSAN M LEBAKKEN 5524 CONCORD AVE EDINA, MN 55424-1565 ANDREW J & CAROL A TWETEN 45417 CHIPPEWA TRL VINING, MN 56588-9554 JEFFREY D & MARY K KORTZ 704 8TH ST NW AUSTIN, MN 55912-2159 KERRY K & SHIRLEY A KOESTLER PO BOX 8 VINING, MN 56588-0008 JEANNE M HUBER TST 1525RIDGEVIEW DR MONTEVIDEO, MN 56265-1000 ROLAND I & CHARLENE B WIEK 45687 CHIPPEWA TRL VINING, MN 56588-9554