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HomeMy WebLinkAbout29000990306006_Variances_11-05-1998Variances 2 Barcode 128 ii'S-n^8 SD835228I Office of Bonptv Rp''0''cl6r County of Otter Tail I h*f8by 08(tyy that tf*e within Instrument was filed fsf oiitbe lb «nd WM (Wy Microfilmed as Ooc J !£-,■■, day ofaTTOfrM fflxf coJ/ j) ^ Cwjrrty RecoCTr Ul/iri< I IfetiTraW) 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 ^O-OOApplication Fee Receipt Number 7567T)>Qv^e DAYTIME PHONE '(^lOlPROPERTY OWNER RcH-lg Lcclcg 5(^5i5?Q P)0)C ;093lADDRESS We-sf BcxHIe Lcxlc<?56>-a59LAKE NUMBER LAKE NAME SECTION 30 TOWNSHIP /33 RANGE 3^ TOWNSHIP NAME OilVa>^cl FIRE / LAKE I.D. NUMBER "S ~3>t LAKE CLASS PARCEL NUMBER LEGAL DESCRIPTION /6' TYPE OF VARIANCETREQUESTED (Please Check) structure Setback X Structure Size____Sewage System Cluster Misc.Subdivision SPECIFY VARIANCE REQUESTED It/jL OATOuM jUii. JUO oAj^ a AlLCCrrvd jtKjL yv^«0 v-Xi\>OiA\, It Ct CAA\dl cwv jfcKflLfc jlOttw-^ jl>^ O^jdLwvoAji^ Jj> J!hxj I UNDERSTAND THAT I HAVE APPLiED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCeSUBDIVISION 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. iQ(ou)-sl DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) S0.~: ~^cicx: 30^ ' " *<■' ■ -i ^ ^ ^0^>^-occ> 5oS- 00/ 5 Ci/- ^ ooS SO(0 ' OO (a ^ot7^oooo^ So ‘ ) ■ r o, f '^COO <^0 3oS oo:^ ^o f ~~ooo 0(^0 ^0'-/^00,' * Ao< - (^od ' 00 Z 3>oOf-ooo 3o^ /' oc> 'Oqo>^- ’ 00 ' ■:)i: / Accepted By Land & Resource L & R Official/Date Mm/y-5-9f TimeDate Of Hearing Motion Diane Ross - Denied Motion was made by Cecil Femling, seconded by John Everts and unanimously carried, to deny the variance as requested noting that the continued use of the existing conditions provides the applicant with a reasonable use of this grossly substandard property and many variances are needed for the applicant’s proposed development. It was noted that the proposed development is to close to the ordinary high water level, is in the shore impact zone, is in a bluff zone and will obstruct the view of adjacent properties. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • ViclOf Lgndeen Co.. Prinwrs • Fergus Falls. Minnesota November 5,1998 Page 7 John and Mary Sontag - Denied John and Mary Sontag, Lakeville, MN, requested the following: “1. Because of ditch that runs diagonally through lot, request change in setback from lake to 75’. 2. Add fill to lot where cabin will be placed, approximately 150 cu. yards to raise level 2’. 3. Replace culvert in driveway to increase water flow from Lake Six to Lake Seven (Scalp).” The property is described as Lot 9, Block 1, Scalp Lake Acres, Scalp Lake in Hobart Township. A letter from Jim Lockrem expressing concerns with the variance request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Randall Mann and unanimously carried, to deny the variance as requested as no apparent hardship had been shown that would support the granting of a variance. Diane Ross - Denied Diane Ross, Battle Lake, MN, requested a variance “to add a second story and an addition to the back behind the existing building, that would be no closer than 22’ to the ordinary high water level” and a variance to cover more than 25% of the total lot area with impervious surfaces. The required ordinary high water level setback is 75’. The property is described as the easterly 35’ of the southerly 95’ of Lot 38 and the westerly 15’ of the southerly 95’ of Lot 37, Girard Beach, West Battle Lake in Girard Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, seconded by John Everts and unanimously carried, to deny the variance as requested noting that the continued use of the existing conditions provides the applicant with a reasonable use of this grossly substandard property and many variances are needed for the applicant’s proposed development. It was noted that the proposed development is to close to the ordinary high water level, is in the shore impact zone, is in a bluff zone and will obstruct the view of adjacent properties. David and Barbara Dubs - Approved David and Barbara Dubs, Dent, MN, requested a variance “to place drain field 5’ from the lot line and 3’ into road R/W and 7’ from deck.” The property is described as Lots 39 and 40, Block 1, Crystal Beach, West McDonald Lake in Dora Township. Letters from the Dora Town Board and from the adjacent property owner in support of the applicants’ request were read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by George Walter and unanimously carried, to approve a variance to place a drain field 5’ from the lot line, 3’ into the road right-of-way and 7’ from the deck with the condition that should the deck be enclosed the septic system must be brought into compliance with the requirements of the ordinance. It was noted that a licensed installer had recommended this location and had designed the system that will be installed. May 4, 2000 Page 4 Diane Ross - Tabled Diane Ross, Battle Lake, MN, requested a variance of 53’ from the required ordinary high water level setback of 75’ and a variance of 6’ from the required side lot line setback of 10’ for a 9’ by 16’ addition to an existing dwelling 22’ from the ordinary high water level and 4’ from the lot line. The property is described as part of Lot 38 and part of Lot 39, Girard Beach, West Battle Lake in Girard Township. The applicant’s husband appeared along with the applicant at the public hearing. A letter from Dale Werner in support of the applicant’s request was read for the record. Mr. Werner stated that he had no objections to the applicant’s proposal if all shoreline management regulations are met. Mr. Werner noted that the applicant’s proposal would not pose any limitations on his view of the lake. The audience was polled with Norman Stolle (applicant’s farther) and Dallas Glick (neighbor) speaking in favor of the applicant’s request. The applicant noted that an existing 8’ by 10’ shed will be removed, the proposed structure would be a one and one half-story structure and the sewer system will be upgraded. The applicant noted that the property as currently developed does not provided them with a reasonable use of their property. The board noted that variances should not be granted that would result in the over improvement (development) of the lot beyond what it could support. After consideration, motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to table the applicant’s request until the June 1, 2000 Board of Adjustment meeting. The Board would like measurements of the lot prepared by the Land and Resource Department, a review of the bluff area, a review of the proposed sewer upgrade and a review of the discussion the applicant has had with the office. Margaret E. Sellin - Denied as requested. Margaret E. Sellin, Hawley, MN, requested a variance of 4’ from the required side lot line setback of 10’ for the placement of a 20’ by 22’ addition to an existing structure 6’ from the lot line. The property is described as Lots 9 and 10, Pelican Point, Pelican Lake in Dunn Township. The applicant’s son appeared along with the applicant. The applicant stated that the neighbors do not object to her request. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by David Holmgren and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and other alternatives not requiring a variance are available to the applicant. It was noted that the applicant has a large lot with adequate room for development. Robert J. and Leanne Mercier- Denied as requested. Robert J. and Leanne Mercier, Jr., Barrow, Alaska, requested a variance to allow a portion of an existing 12’ by 32’ deck to be enclosed as a porch. This porch area would be 12’ by 20’ in size with the remaining 12’ by 12’ section of existing deck to be left as is. The present deck is located approximately 20 to 22’ from the waters edge. The property is described as part of Government Lot 2, Section 14 of Edna Township by Paul Lake. Dennis Harper, the proposed buyer, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Rod Boyer and unanimously carried, to deny the variance as requested as the proposed development would be ahead of the building line, is in the shore impact zone and would obstruct vision from the neighboring properties. It was noted that a reasonable use can be obtained without the granting of a variance. June 1, 2000 Page 4 Todd Langston - Denied Todd Langston, Fergus Falls, MN, requested a variance of 145’ from the required ordinary high water level setback of 200’ for an addition to an existing dwelling 55’ from the ordinary high water level. The property is described as Lots 8, 9, 10 and 11, Clear Beach Resort, Fish Lake in Aurdal Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Joe Maske and unanimously carried, to deny the variance as requested as no adequate hardship had been shown that would allow for the granting of the variance and noting that the proposed development would be within the shore impact zone. Paul W and Sandra L Perala - Approved with condition. Paul W. and Sandra L. Perala, Henning, MN, requested a variance for a sewing room addition to main floor of house above existing walkout. The existing structure is approximately 30’ from present water level and I believe it to be 28’ from the high water mark. It is no closer to the water than the oldest section of our home, which was built in 1914. This addition will not obstruct anyone’s view of the lake or anything else. We are retired and suffer the early onset of medical conditions, which will limit us to main floor use only. We have no where else to add this needed space. We will be no closer to the lake nor will we cover anymore ground then presently. Required ordinary high water level setback is 100’. Current impervious surface coverage is 29.3%. Maximum allowable coverage is 25%. The property is described as Lots 49 and 50, Lindenwood, Middle Leaf Lake in Leaf Lake Township. The audience was polled with no one speaking for or against the request. A letter from Terry Lechjer, Area Hydrologist with the Minnesota Department of Natural Resources, opposing the granting of this request was read for the record. After consideration, motion was made by Steve Schierer, second by David Holmgren and unanimously carried, to approve a variance for a sewing room addition to the main floor of the existing structure noting that it would be above the existing walkout with the condition that after completion of the proposed development no more than 25% of the applicants’ total lot area can be covered with impervious surfaces. It was suggested that the applicants work with the Land and Resource Department to assure that after the project is completed no more then 25% of their lot area will be covered with impervious surfaces. Hardship is a substandard lot of record. Diane Ross - Tabled Diane Ross, Battle Lake, MN, had been previously tabled until the June 1, 2000 meeting of the Board of Adjustment. Prior to the June 1, meeting Diane Ross contact the office, by letter, indicating that she would not be available for the June 1 meeting and requested that her variance hearing be reschedule for another date. Diane Ross has been rescheduled for the June 8 meeting of the Board of Adjustment. July 6, 2000 Page 5 Diane Ross - Withdrawn Prior to the July 6, 2000 meeting of the Board of Adjustment the applicant contacted the County Auditor’s office to indicate her desire to withdraw her request. By general consent the Board acknowledged and accepted her request to withdraw her variance application. David and Carol Place - Denied David and Carol Place, Monterey, CA, requested a variance to extend the west end of an existing cabin 6.5’ toward the property line for additional bedroom space, and for an entrance area to the cabin, leaving 10’ to the west property line. The proposed addition will be approximately 26’ from the water’s edge and approximately 7.5’ off an easement road. The easement road serves only our cabin as property owner to the east (house high on hill) has new access road on top of the hill. The easement road ends on our property. The property is described as part of Government Lot 4, Section 11 and part of Government Lot 1, Section 14, Eagle Lake Township by Eagle Lake. October 7,1999 meeting - Stanley Balgaard 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 Cecil Femling and unanimously carried, to table the applicants’ request until a future meeting date with the condition that written approval from the applicants authorizing this action must be received no later than October 29, 1999, otherwise the request will be considered denied. The tabling of this request will provide the applicants with an opportunity to review and consider the possibility of eliminating the existing road easement, which might then provide an opportunity for development on the back side (non-lake side) of the applicants’ dwelling. July 7, 2000 meeting - After discussion and consideration, motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that the proposed addition is within the shore impact zone and noting that other plans should be considered by the applicants. Other Items - Cecil Femling reviewed with the other members of the Board of Adjustment a recent conversation he has had with Commissioner Malcolm Lee concerning the Board of Adjustment. Pat Eckert, Land and Resource Management discussed with the Board various examples of situations that presently require either Planning Commission or Board of Adjustment review. It was noted that these issues are being reviewed to determine if they should continue to be reviewed by these Boards or if changes to the requirements of the ordinances need to be made. Pat Eckert noted that the Board’s suggestions and thoughts on these issues are needed. Wayne Stein, Secretary discussed a recently received request from Peter Irvine, Attorney. With no further business Randall Mann, Chairman, declared the meeting adjourned at 10:00 p.m. UjWayne ^ein,, Secretary