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Home My WebLink About29000990306003_Variances_12-05-2001Variances 2 Barcode 128 IZ-5-2001 894648 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was filed/recorded in this officefor recorc^n the_13 day of 2001 at /?:i/T am^) Wendy L. tyietcalf, Cojjnty Rpcor^- by: / A- ciSe^ recordinqfee f ^ ^well certificate r THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 ***COMPLETE THIS APPLICATION IN BLACK INK **« Application Fee P Receipt Number DAYTIME PHONE^ ■ tee /PROPERTY OWNER LAKE NUMBER SG ~ LAKE NAME (A/gjg f' /5X7T//^ SECTION 3 Ci ADDRESS LAKE CLASS (SPi RANGE TOWNSHIP NAMETOWNSHIP /FIRE-fLAKEI.D. NUMBER . /^/£j ^ rAi-J' ~7Z> 't'O PARCEL NUMBER LEGAL DESCRIPTION )A,e:^^Uy 2^ C^'jr/»-2 <5 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED Robert Reed, Apple Valley, MN, requests a variance from tlie required ordinary high water line (OHWL) setback of 50 feet for the replacement of a seepage pit with a new septic holding tank, which will be 30 feet from the OHWL. The required OHWL setback is 50 feet, except for lots existing before October 15, 1971 which have insufficient area to meet this setback, in which case the setback from the OHWL shaU be the greatest distance possible. This lot did exist before October 15, 1971 and the placement requested is the greatest distance possible. It should also be noted that the placement of the new septic holding tank will be on the lot line. The current system is on the lot line. The required side lot line set back is 10 feet except for lot lines dividing lots in a common collector system. The lot line referred to here does divide lots in a common collector system (Mattson property at lake i d. # 40256 and Robert Reed property at lake i.d. # 40254). 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 DATDeceived NOV 1 3 2001 APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) LAND & RESOURCE December 5, 2001 Page 13 HvLCVxdJ bta^ch 30)3'. v3c6 -03/ 3o5 ' 30<h-O3O BOh-OO/ 3o^ 'OO^ ^ ^G?-O03 0^ 'Ooy^. BO<p -oo S 30^7 30C> -00 7 Z3-BQ. ..3py-aoo ■ ~3>oy -oo / So&cta^ 30^~<iX30 /3o 3o 33! o{05 5 p}^oH-cu^ 0^- m/ 9.05 “V 'njiiBlo}Accepted By Land & Resource & RXifficial/Date Date Of Hearing___Time/.'a/^'rr. . Motion '• Motion was made by David Holmgren, second by Randall Mann and unanimously carried, to approve the variance as requested and as depicted on the drawing submitted with the Robert A. Reed variance application. It should be noted that the applicants were strongly encouraged to grant each other maintenance easements. It should also be noted that the Jeffrey Wayne Mattson variance application was originally heard at the November 1, 2001 meeting at which time it was tabled until the submission of the Robert A Reed variance application since both requests affect a common lot line and needed to be considered jointly by the Board of Adjustment. Chairman/Otter Tail County Board of Adjustment Permi^f^ required from Land & Resource Management \o Yes (Contact Land & Resource Management) No ... Copy of Application Mailed to Applicant And the MN DNR LR Offlcial/Date bk 0198-001 291.306 • Vicioi Lundeen Co., Printers • Fergus Falls. Minnesota STEep slope. n/VyoVAi/j^-n^vS Sx\3Tv/0i<:7 do\\e<rroe^ 3t.£PA^^ Rt ---------1 I i I1 II\\0 <:—7^(0 I^^Q^^02S^I I I I4^I I I I I I II_li, r 1 ~>' - ’■ ’ V . , ■■*. '. II It I1TT I T <7 4------- t Ir1 3IT i m RECEIVED NOV 1 3 2001 LAND & RESOURCE o Tn^l'A/Ke^\6pr xA Q>.£rrw4 ? J 5cpj£'V'= ' Page 1 of 1Frem: Rhonda To; Jeff Mattson Date; 11/7/2001 Time; 8;23;40 PM 940 Franklin Terrace, #301 Minneapolis, MN 55406 (612) 339-7404 November 7, 2001 Ottertail County Board of Adjustments County of Ottertail Courthouse Fergus Falls, MN 56537 RE: Application for variance made by Jeffrey Mattson for parcel number 2SK)00990306005 on West Battle Lake which was mesented November 1, 2001 and tabled. Would like to re-schedule for December 5*” meeting. Dear Board Mepibers, 1 drew up a plan for the frfacement of a septic holding tank and presented it at foe November 1, 2001 meeting of foe Ottertail County Board of Adjustments. After my presentation, Board Member Randall Mann foought foat foe health department might object to my proposed one-foot setback from my cabin. Board member Stephen Schierer then suggested tanks on foe IcA line for both me and my neighbor Bob Reed. This seemed to generate agreement from foe board, if Kir. Reed and I could attend another hearing. Board members said Mr. Reed would need to submit a variance application and fee. Mr. Reed has sent in his request for a variance to be heard at your December S'** meeting, and so I wanted to make sure foat my itfoled application from November 1^ is also put on your December 5*** meeting agenda. This would enable Mr. Reed and I to address foe board’s wish foat we come to foe meeting togefoer to insure a consistent scdution for both properties. Mr. Reed and I are submitting a drawing foat follows foe November suggesticm of foe board - to place foe tanks on foe lot line. Jeffrey Mattson received NOV 1 3 2001 lands resource OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT 121 W. JUNIUS, FERGUS FALLS, MN 56537 (218) 739-2271 MEMORANDUM Michelle Eldien Assistant County Attorney TO: George Hausske Inspector FROM: August 6, 2001DATE: Septic System Abatement Chronology, Robert & Judith Reed West Battle Lake (56-239) RE: Septic System Abatement Notice issued to the Reeds.06/23/00 Mr. Reed called. I told him he needed to have a septic permit taken out during 2000 with installation of a system in 2001. 06/27/00 Pat Eckert sent the Reeds a Variance Application Packet for a sewer system. 04/23/01 I sent the Reeds a warning letter asking them to contact me ASAP. Gave them until the end of August to resolve the issue. 06/06/01 No action, no contact.08/01/01 Michelle, we want a deadline of August 31, 2001 for a septic permit and installation of a septic system before December 31,2001. .1' 1DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 FERGUS FALLS, MINNESOTA 56537 (218)739-2271 FAX(218)739-4630 ASSISTANTS BARBARA R. HANSON KURT A. MORTENSON MICHELLE M. ELDIEN JENNIFER L. LESSINGER NICOLE S. C. HANSEN DEVEN L. NICE INVESTIGATOR J. ALLAN ANDERSON August 16, 2001 RECEIVEDRobert and Judith Reed 1123 Lowell Drive Apple Valley, MN 55124-9117 AUG 1 7 2001 LAND & RESOURCERE: Otter Tail County Office of Land & Resource Management vs. Robert A. and Judith M. Reed Dear Robert A. Reed and Judith M. Reed: The above-entitled matter has been referred to our office for consideration for criminal prosecution for your failure to bring into compliance your sewage system on your property located within the Shoreland Management Area of West Battle Lake in Otter Tail County. Unless you bring the sewage system on the above-described property into compliance by September 1, 2001, our office will have no choice but to file a formal criminal complaint against you. If you have any questions, please do not hesitate to contact me or the Office of Land & Resource Management. Very truly yours. Michelle M. Eldien MME:jj cc: Land & ResoUrCe Mgmt. Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-739-2271 April 19, 2002 Robert Reed 1123 Lowell Dr Apple Valley, MN 55124-9117 RE: Variance Request, West Battle Lake (56-239) Dear Mr. Reed, Your letter addressed to the Treasurer of Otter Tail County has been referred to me for a response. Although I understand and personally agree with your position, our office had to require you to obtain a Variance for the location of your holding tank from the Board of Adjustment for the following reasons. On or about June 9, 1997, Otter Tail County was served with a Notice of Intent to file Mandamus Proceedings in District Court by citizens from Dead Lake. Specifically, they were opposed to our office’s previous practice of granting “Administrative Variances” (no public hearing and no filing fee) in situations such as yours. This Notice of Intent resulted in our common sense approach being discontinued. On July 15, 1998, the Sanitation Code of Otter Tail County was revised. Section 56.0170 Subp.2.A. (3) (copy enclosed) allows our office to vary the lake setback for a holding tank on substandard lots of record (a lot created prior to October 15, 1971 which does not comply with the minimum lot size requirements as set forth in Otter Tail County’s Shoreland Management Ordinance) provided it is located at least 50’ from the Ordinary High Water Level (OHWL). Since your holding tank would be located 30’ from the OHWL, our office could not approve your proposed sewage system replacement. 1) 2) Since a Variance was needed from the Board of Adjustment, the $150.00 filing fee was required. This filing fee is set by the Otter Tail County Board of Commissioners and its purpose is to help pay the costs associated with the required Public Hearing (per diem for the members, mileage, publishing Notices of Hearing, etc.) If you have any additional questions regarding this matter, please contact our office. Sincerely, Bill Kalar Administrator Enel. BK/mls December 5, 2001 Page 4 Robert Streed - Approved as requested. Robert Streed, Apple Valley, MN requested a variance of 5.5’ from the required side lot line setback of 10’ for the placement of a new roof over an existing garage 4.5’ from the property line at the nearest point and a variance of 4’ from the required side lot line setback of 10’ for the placement of a new roof over a patio 6’ from the lot line at the nearest point. The property is described as Lot 19, Martee Beach, Blanche Lake in Everts Township. A letter from Donald L. Hauck in support of the variance as requested was read for the record. The audience was polled with Mr. Larson questioning the raised height of the older portion of the garage. After discussion and consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve a variance of 5.5 ' from the required side lot line setback of 10’ for the placement of a new roof over an existing garage 4.5’ from the property line at the nearest point and a variance of 4’ from the required side lot line setback of 10’ for the placement of a new roof over a patio 6’ from the lot line at the nearest point. Hardship is a substandard lot of record and the terrain features of the applicant’s property. Steven King and Debra Mclntire - Approved as requested. Steven King and Debra Mclntire, C/0 Joel Hanson, Battle Lake, MN, requested a variance of 39’ from the required ordinary high water level setback of 100’ for the placement of a new roof on an existing mobile home 6T from the ordinary high water level. The property is described as Lot 28 and an interest in Lot 11, Timberlane Beach Rearrangement, Round Lake in Everts Township. Joel Hanson represented the applicants at the public hearing. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren, second by Steve Schierer and unanimously carried, to approve a variance of 39’ from the required ordinary high water level setback of 100’ for the placement of a new roof on an existing mobile home, excluding the porch portion, located 61’ from the ordinary high water level. Hardship is a substandard lot of record. James M. Anderson - Approved ordinary high water level setback variance with conditions. James M. Anderson, Rochester, MN, requested a variance of 123’ from the required ordinary high water level setback of 200’ for the placement of a 10’ by 40’ Park Mobile Trailer 77’ from the ordinary high water level and a variance to “include a sewer system following recommendation of the Board of Adjustment” (using best location as can be legally granted administratively by the Land and Resource Department). The property is described as Lot H, Lillis Survey Plat of Government Lot 2, Section 16 of Dead Lake Township by Dead Lake. The audience was polled with Mike Schantzen, an adjacent property owner, speaking in opposition to the granting of the variances as requested. After discussion and consideration, motion was made by Cecil Femling, second by Steve Schierer and unanimously carried, to approve a variance of 123’ from the required ordinary high water level setback of 200’ for the placement of a 10’ by 40’ Park Mobile Trailer 77’ from the ordinary high water level with the following conditions; the sewer system installed must consist of only a holding tank, no variances are being granted for the location of the holding tank, the road right-of-way setback, the side lot line setback and the bluff setback must be met. The Land and Resource Department must establish the applicable bluff setbacks. Robert A. Reed and Jeffrey Wayne Mattson - Approved with recommendation. Robert A. Reed, Apple Valley, MN, and Jeffrey Wayne Mattson, Minneapolis, MN “requested a variance from the required ordinary high water line (OHWL) setback of 50 feet for the replacement of a seepage pit with a new septic holding tank, which will be 30 feet from the OHWL. The required OHWL setback is 50 feet, except for lots existing before October 15, 1971 which have insufficient area to meet this setback, in which case the setback from the OHWL shall be the greatest distance possible. This lot did exist before October 15, 1971 and the placement requested is the greatest distance possible. It should also be noted that the placement of the new septic holding tank would be on the lot line. The current system is on the lot line. The required side lot line setback is 10 feet except for lot lines dividing lots in a common collector system. The lot line referred to here does divide lots in a common collector system (Mattson property at lake i.d. #40256 and Robert Reed property at lake i.d. # 40254)." December 5, 2001 Page 5 Robert A. Reed and Jeffrey Wayne Mattson - Approved with recommendation (continued). The property is described as the westerly 2/5 of Lot 39, all of Lots 40 and 41, Girard Beach, West Battle Lake in Girard Township. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by David Holmgren, second by Randall Mann and unanimously carried, to approve the variance as requested and as depicted on the drawing submitted with the Robert A. Reed variance application. It should be noted that the applicants were strongly encouraged to grant each other maintenance easements. It should also be noted that the Jeffrey Wayne Mattson variance application was originally heard at the November 1, 2001 meeting at which time it was tabled until the submission of the Robert A Reed variance application since both requests affect a common lot line and needed to be considered jointly by the Board of Adjustment. Reconsideration - Thomas L. and Carrie L. Hanson - Approved variance from the ordinary high water level located to the North of the proposed structure with a condition. Thomas L. and Carrie L. Hanson, Fergus Falls, MN, requested variances of 40 and 60’ from the required ordinary high water level setback of 200’ for the construction of 30’ by 48’ garage 140 and 160’ from the ordinary high water level. The proposed garage will be 140’ from the water to the north and 160’ from the water on the west. The property is described as the North 741.95’ of the West 320.47’ of the Southwest Quarter, Section 23 of Fergus Falls Township by Reedstrom (unnamed) Lake. The audience was not polled, as the only individual in attendance at the time of this reconsideration hearing was Mr. Hanson. After the November 1, 2001 meeting the Board of Adjustment requested that at Mr. Hanson’s variance application be scheduled for reconsideration at the December 5, 2001 meeting. After discussion and reconsideration, motion was made by Steve Schierer to approve a variance of 50’ from the required ordinary high water level setback of 200’ for the construction of a 30’ by 48’ garage 150’ from the ordinary high water level to the west and 200’ from the ordinary high water level to the North. After additional discussion and reconsideration, this motion was withdrawn and Steve Schierer moved to approve a variance of 60’ from the required ordinary high water level setback of 200’ for the placement of a 30’ by 48’ garage 140’ from the ordinary high water level located to the north of the proposed structure and 200’ from the ordinary high water level located to the west of the proposed structure with the condition that after construction of the proposed structure two smaller structures, which are presently located within the shore impact zone must be either removed or placed in a complying location. This motion was seconded by Cecil Femling and carried with Randall Mann voting no and with Rody Boyer abstaining. It was noted that the placement of the proposed structure in this location would not restrict the view from neighboring properties. Hardship is the terrain of the applicants’ property and the existence of water on two side of the applicants’ property. It is important to note that the required setback is being maintained on one side. With no further business, Randall Mann, Chairman declared the meeting adjourned. Wayne 0^in, Secretary