HomeMy WebLinkAbout29000990306000_Variances_06-03-2010Variances
2
Barcode 128
t^3-20IO
1077407
I hereby certify that
this instrument #___1 077407
was filed/recorded in this office for^^^rS^K’””
$ 46,t)0 chg____Recording Fee
^-----------------------------Well Certificate
on the
by;_ Deputy
L<g,
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
COApplication Fee
Receipt Number \AAA~'2-^
It-
COMPLETE THIS APPLICATION IN BLACK INK
%Accepted By / Date
p/i I 4 A V f f, yCl . /•
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LAKE NUMBER 5L~ LAKE NAME VyOESf I^TT I P
RANGE _
^9- 000- 9^~0A0U- ODD
^[2'2U^'SSl^PROPERTY OWNER DAYTIME PHONE
AA]~I Lt^ LA\LG ^ l'Y^i~-> ALS/-S~MAILING ADDRESS
_____LAKE CLASS
Q I g/\r7SECTIONTOWNSHIPTOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS
LEGAL DESCRIPTION
Lo2^3t>- SU /feASr ^ 6F i-ot 3*7 ^ Bfefvcti
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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 TOR OWNER
S- it- 2.0/P)
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
I'
July 1,2010
Page# 12
/7(ilOJO TimeDate Of Hearing IL'^LSL
dO\Q •%tXJl
Motion
Dallas and Lynda Click - Approved the variance appiication as requested. (8:20 p.m.)
June 3, 2010 meeting - Kevin Cook, Contractor appeared at the hearing with the applicants. The audience was polled with no one speaking for or against the variance as requested. A letter from Robert
and Carol Westgard in support of the variance as requested was found in the file after the meeting and is hereby noted for the record. Letters from Dale and Lois Werner and Chuck and Diane Ross in
support of the applicants’ request was presented at the hearing and read for the record. Also, a statement indicating no objection to the variance as requested, which was signed by 28 individuals, was
read for the record After discussion and consideration. Randall Mann made a motion, seconded by Thomas Lee to approve the variance as requested noting the proposed development does not impact
impervious surface coverage, does not obstruct the view from the adjacent properties, does not increase the footprint of the existing structure and does not increase runoff towards and/or down the bluff.
There was discussion regarding the applicants' request and whether or not it was for a prohibited use. After this discussion Randall Mann and Thomas Lee decided to withdraw their motion. Randall
Mann then made a motion, seconded by Steve Schierer and unanimously carried, to table this hearing until the July 1, 2010 Board of Adjustment meeting for the purpose of providing the County
Attorney's office with an opportunity to review the request, the application of the ordinance to this specific request and for an opinion as to whether or not the applicants' request is a prohibited use under
the provision of the ordinance. July 1, 2010 meeting - J J Cline, Attorney and Kevin Cook, Contractor appeared with the applicants at the public hearing It was reported that the proposed development
is not a prohibited use After additional discussion and consideration, Randall Mann made a motion, seconded by Thomas Lee to approve the variance as requested noting the proposed development
does not impact impervious surface coverage, does not obstruct the view from the adjacent properties, does not increase the footprint of the existing structure and does not increase runoff towards and/or
down the bluff It was also noted that there will be no dirt work in the bluff area
Chairman/Otter Tail CountyBoard of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
7M/n
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, Minnesota
fJuly 1,2010
Page # 4 .1
Dallas and Lynda Click - Approved the variance application as requested. (8:20 p.m.)
■ Dallas.and Lynda Click, all of .Lots 35. and 36 and'part of Lot 37 Girard Beach, West Battle Lake in Girard Township, ;
requested the following:.,, we are requesting a variance to enclose an existing patio/deck.- The proposed project will be
' 13’ from the southeast corner.and 16’ from the southwest corner to the top of the bluff: fRequesting-a 1,7’ .variance and
a 14’ variance from the top of the bluff. The required setback.from the top of the bluff is 30’. JuneB, .2010-meeting
- Kevin Cook, Contractor appeared at the hearing with the applicants. The audience, was polled v/ith no one speaking
for or against the variance as requested. A letter from Robert and Carol Westgard in support of-the-yariance as requested was found in the file after the meeting and is hereby noted for the record. Letters from Daie;and ,Lois
■ Werner and Chuck and Diane Ross in support of the applicants’ request was presented at the-hearing and read for .
the record. Also, a statement indicating no objection to the variance as requested, which was signed by 28
individuals, was read for the record. After discussion and consideration, Randall Mann rnade a motion, seconded by
Thomas Lee to approve the variance as requested noting the proposed deveiopment does not impact impervious
surface coverage, does not obstruct the view from the adjacent properties, does not,increase the footprint of the
existing structure and does not increase runoff towards and/or down the bluff. There was discussion regarding the
applicants’ request and whether or not it was for a prohibited use. After this discussion Randall Mann and Thomas
Lee decided to withdraw their motion. Randall Mann then'made a motion, seconded by Steve Schierer .and
unanimously carried, to table this hearing until the July 1,.2010.Board of Adjustment meeting for the purpose of
providing the County Attorney’s office with an opportunity to review the request, the application of the ordinance to this
specific request and for an opinion as to whether or not the applicants' request is a-.prdhibited use-under the provision
of the ordinance. July 1, .2010 meeting - J.J. Cline, Attorney and-Kevin Cook,-Contractor appeared with the
applicants at the public hearing. It was reported that the proposed development's not.a;prohibited use. After
additional discussion and consideration, Randall-Mann made a motion, seconded’by Thomas Lee to approve the
variance as requested noting :the proposed development does not impact impervious surface coverage, does not
obstruct the view from the adjacent properties, does not increaseThe footprint oT^the existing structure and does not
increase runoff towards and/or down the bluff. It was also noted that there will.be no dirt work in the. bluff area.
With no further business, Randall Mann, Chairman declared themeeting adjourned at 8:30 p.m.
Prepared by:
CA) i’U^r\\si
Wayne SJe
Slis
in. Secretary
The minutes were mailed on Friday,. July2, 2010ito;the OtterTailtGounty-Board ;bf Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting.
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July 1,2010
Page # 4
Dallas and Lynda Click - Approved the variance application as requested. (8:20 p.m.)
Dallas and Lynda Click, all of Lots 35 and 36 and part of Lot 37 Girard Beach, West Battle Lake in Girard Township,
requested the following: we are requesting a variance to enclose an existing patio/deck. The proposed project will be
13’ from the southeast corner and 16’ from the southwest corner to the top of the bluff. Requesting a 17’ variance and
a 14’ variance from the top of the bluff. The required setback from the top of the bluff is 30’. June 3, 2010 meeting
- Kevin Cook, Contractor appeared at the hearing with the applicants. The audience was polled with no one speaking
for or against the variance as requested. A letter from Robert and Carol Westgard in support of the variance as
requested was found in the file after the meeting and is hereby noted for the record. Letters from Dale and Lois
Werner and Chuck and Diane Ross in support of the applicants' request was presented at the hearing and read for
the record. Also, a statement indicating no objection to the variance as requested, which was signed by 28
individuals, was read for the record. After discussion and consideration, Randall Mann made a motion, seconded by
Thomas Lee to approve the variance as requested noting the proposed development does not impact impervious
surface coverage, does not obstruct the view from the adjacent properties, does not increase the footprint of the
existing structure and does not increase runoff towards and/or down the bluff. There was discussion regarding the
applicants’ request and whether or not it was for a prohibited use. After this discussion Randall Mann and Thomas
Lee decided to withdraw their motion. Randall Mann then made a motion, seconded by Steve Schierer and
unanimously carried, to table this hearing until the July 1,2010 Board of Adjustment meeting for the purpose of
providing the County Attorney’s office with an opportunity to review the request, the application of the ordinance to this
specific request and for an opinion as to whether or not the applicants' request is a prohibited use under the provision
of the ordinance. July 1, 2010 meeting - J.J. Cline, Attorney and Kevin Cook, Contractor appeared with the
applicants at the public hearing. It was reported that the proposed development is not a prohibited use. After
additional discussion and consideration, Randall Mann made a motion, seconded by Thomas Lee to approve the
variance as requested noting the proposed development does not impact impervious surface coverage, does not
obstruct the view from the adjacent properties, does not increase the footprint of the existing structure and does not
increase runoff towards and/or down the bluff. It was also noted that there will be no dirt work in the bluff area.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:30 p.m.
Prepared by: .
Wayne SJeinTsecretary
The minutes were mailed on Friday, July 2, 2010 to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting.
June 3,2010
Page # 3
V
Dallas and Lynda Click - Tabled until the July 1, 2010 Board of Adjustment Meeting. (7:33 p.m.)
Dallas and Lynda Click,' all of Lots 35 and 36 and part of Lot 37 Girard Beach, West Battle Lake in Girard Township,
requested the following: we are requesting a variance to enclose an existing patio/deck. The proposed project will be
13’ from the southeast corner and 16’ from the southwest corner to the top of the bluff. Requesting a 1T variance and
a 14’ variance from the top of the biuff. The required setback from the top of the bluff is 30’. Kevin Cook, Contractor
appeared at the hearing with the applicants. The audience was polled with no one speaking for or against the ,
variance as requested. A letter from Robert and Carol Westgard in support of the variance as requested was found in
the file after the meeting and is hereby noted for the record. Letters from Dale and.Lois Werner and Chuck and Diane
Ross in support of the applicants’ request was presented at the hearing and read for the record. Also, a statement
indicating no objection to the variance as requested, which was signed by 28 individuals was read for-the record.
After discussion and consideration, Randall Mann made a motion, seconded by Thomas Lee to approve the variance
as requested noting the proposed development does not impact impervious surface coverage, does not obstruct the
view from the adjacent properties, does not increase the footprint of the existing structure and does not increase
runoff towards and/or down the bluff. There was discussion regarding the applicants’ request and whether or not it
was for a prohibited use. After this discussion Randall Mann and Thomas Lee decided to withdraw their motion.
Randall Mann then made a motion, seconded by Steve Schierer and unanimously carried, to table this hearing until
the July 1,2010 Board of Adjustment meeting for the purpose of providing the County Attorney’s office with an
opportunity to review the request, the application of the ordinance to this specific request and for an opinion as to
whether or not the applicants’ request is a prohibited use under the provision of the ordinance.
Bruce P. Krause - Approved the variance application as modified. (7:51 p.m.)
Bruce P. Krause, Lot 43 Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested the following: We
would request to move home 2’ closer to lake, but still be 2’ behind the build line. Placing the structure at 9T from the
ordinary high water level. The variance request is because the proposed structure will be 2’ closer than the adjoining
neighbors dwelling to the ordinary high water level. Karleen Krause and Dave Johnson, Contractor represented the
Estate of Bruce P. Krause at the public hearing. The audience was polled with no one speaking for or against the
variance as requested. A letter from Friberg Township authorizing the installation of a drain filed in the township road
right-of-way was provided at the public hearing. After discussion and consideration, Steve Schierer made a motion,
seconded by Michael Harris and unanimously carried, to approve the placement of the proposed structure, with or
without a deck, at least 91 ’ from the ordinary high water level. It should be noted that no part of the proposed
development (main structure or deck) can be any closer to the ordinary high water level than 91 ’. It should also t)e
noted that the variance as approved does not directly or indirectly grant any other variances for the development as
proposed. Hardship/practical difficulty is.a substandard lot of record.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:10 p.m.
Prepared by:
oIrflWayne ^ein. Secretary
The minutes were mailed on Friday, June 4, .2010 to the OtterTail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting.
I J
02,/ou- nonTax Parcel Number(s)
The scale dravying must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
//-3 %Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2 Pc^Tic*Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
^5" Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
3^, ^9-^ Ft2LOT AREA:1
H .o.in^n xioo =%
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
Notice of Hearing for Variance
Otter Taii County
Government Services Center
SIOFirAveW
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Emaii - wstein@co.ottertaii.mn.us
www.co.otter-tail.mn.us
Applicant andlor applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Dallas and Lynda Glick
40282 Girard Beach Road
Battle Lake, MN 56515
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, June 3, 2010 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 speciai accommodations shouid contact the County Auditor’s office prior to the date of the public hearing.
The property concerned in the application is legally described as
Lots 35 and 36 and the east 35’ of Lot 37 Girard Beach,
Property Address - 40282 Girard Beach Road
Section 30, Township 133, Range 39 - Township Name - Girard
Lake No. 56-239, Lake Name - West Battle, Class - GD
The variance requested is -
the following; we are requesting a variance to enclose an existing patio/deck. The proposed project will be 13’ from the
southeast corner and 16’ from the southwest corner to the top of the bluff. Requesting a 17’ variance and a 14’ variance from
the top of the bluff. The required setback from the top of the bluff is 30’.
‘Wayne Stein
Board of Adjustment Secretary
Date: May 13,2010
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 May, 2010 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Lynda Margaret Click, 40282 Girard Beach Rd, Battle Lake, Mn 56515-9667
Carol Jacobson, Twp Clerk of Girard, 24893 Palace Rd., Battle Lake, Mn 56515
West Battle Lake Assoc., % Blaine Larson, 38323 Front St, Battle Lake,MN 56515
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
Thomas (Tom) Lee, 15600 Cfy Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights Trl, Richville, MN 56576-9672
Marion Gill, 40122 Aerovilla Rd, Perham, MN 56573
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: April 19th, 2010
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
JONATHAN W & NANCY T ESTES
W6917 170TH AVE
BAY CITY Wl 54723 8428
BASLINGTON TST MARILYN EASTMAN
1200 MISTLETOE CT
_ MARCO ISLAND FL 34145 5014. PO BOX 100
', BATTLE LAKE MN 56515 0100
LYNDA MARGARET GLICK
40282 GIRARD BEACH RD
BATTLE LAKE MN 56515 9667
GREGORY W GACK & KENDRA V LOVE
1104 CELEBRATION DR
SARTELLMN 56377 4588
DENNIS & JANET A GABLER
PO BOX 254
CLARISSA MN. 56440 0254
WILLIAM G JEDLICKA ET AL
34685 US 71
CLARISSA MN 56440 1127
WAYNE I & MARILYN B HORGEN
; 40450 GIRARD BEACH RD
BATTLE LAKE MN 56515 9667
HAROLD & DELORES JEDLICKA
606 HIGHWAY 71 E
PO BOX 207
CLARISSA MN 56440 0207
ROGER M & STEPHANIE LUCY
13841 48TH LN NE
SAINT MICHAEL MN 55376
DOUGLAS & SANDRA ANN MAROHL
23748 GIRARD BEACH LN
BTTLELAKEMN 56515 9666
JEFFREY W MATTSON
940 FRANKLIN TER #301
MINNEAPOLIS MN 55406 1135
CLAIR A & BARBARA J PRODY,:
23732 GIRARD BEACH LN '
BATTLE LAKE MN 56515 9666
JARL M PERNA ET AL
26941 146TH ST
ZIMMERMAN MN 55398 9460
MARK J & KATHERINE L NIETZKE
..123'4 172ND,AyE
- NEW RICHMOND Wl 54017 6504
/
ROBERT A & JUDITH M REED
1123 LOWELL DR
APPLE VALLEY MN 55124 9117
CHARLES & DIANE ROSS .- ELDEAN & DEANNA RATZLAFF
PO BOX 566
; MOUNTAIN LAKE MN. 56159 0566
PO BOX 292
BATTLE LAKE MN 56515 0292
NORMAN D & MARILYN E STOLLE
23863 STONY POINT RD
BATTLE LAKEMN 56515 9659,
SCHMITT & FITZGIBBON TST
ATTN HARRISON SCHMITT
ROGER J & GLORIA SETTERHOLM
23770 GIRAFiD BEACH,LN
BATTLE LAKE MN 56515 9666
PO BOX 90730
ALBUQUERQUE NM 87199 0730
STEPHENVOLBY
1960 LAKEVIEW TER
' LONG LAKE MN 55356 9598
MICHAEL JON & KAREN K WERNER
602 BROADWAY
PO BOX 171
ELLSWORTH MN 56129 0171
MICHAEL J WERNER
ATTN DALE E WERNER
40294 GIRARD BEACH RD
BATTLE LAKE MN 56515 9667
ROBERT A & CAROL A WESTGARD
40342 GIRARD BEACH RD
BATTlE LAKEMN 56515 9667
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I have no objection to the variance requested by
Dallas and Lynda Glick ;
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June 1,2010
V.
To Whom It May Concern:
We are next-door neighbors to Dallas and Lynda Click, and do not
object to the variance they have requested.
I \Vmw\J
Dale and Lois Werner
Vd A
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To Whom it may concern:
We live next to to the Glicks and we are in total
agreement with the variance application that the Dallas
and Linda applied for. In fact, they are making our view of
the lake much better by decreasing the square footage of
their deck. We definitely have no problem with What
they are doing and hope that their project will be
completed soon.
Thank you,
Chuck and Diane Ross
40270 Girard Beach Road
To whom it may concern:
We live hext to to the Clicks and we are in total
agreement with the variance application that the Dallas
and Linda applied for. In fact, they are making our view of
theJaf^cemuch better by decreasing the square footage of
theli^leck. indefinitely have no problem with what
they%re doing and hope that their project will be
completed soon.
Thank you,
Chuck and Diane Ross
40270 Girard Beach Road