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Home My WebLink About29000990441000_Variances_05-05-2005Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 976120I hereby certify that this instrument #_ wasfiied/recorded inthis office for record on the_J_J_day of . 2005 at2:t)Q^pm lelfcaljf. County Recorder 976120 mWendyt L. M by:lM UQ: .recording/ee .well certificate / < ^ 06-O'b-OEpTHE 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 _L21!Z25 ;!/< Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date L^o!^ C. QoeJ^l^t^cL DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS 7 KD:Tg-/3g LAKE CLASSLAKE NAME TOWNSHIP /3^ RANGE TOWNSHIP NAME ^ txA cf&onn o 3.0 e>T> LAKE NUMBER f^{t<Lci hO S0 3SECTION ^373/" l/„%Vi E-911 ADDRESS PARCEL NUMBER ___________ LEGAL DESCRIPTION lo1~S Mi Joi- ± TYPE OF VARIANCE REC^UESTED (Please Check) Structure Setback____Structure Size _jt^fS^age System____ 5Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED P-3 tr-f- /^OO ^C> S^i- /Vi c/ lr£>o4- /-^»€- s 'f'o ^ 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 APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) (^yi^{LfUjL <^hcy\^ULJ (o!^yy\jm\&~A^ (X.AJlu^'^ T^u/iyo . fLj.^''^^'f\^lH\rcL^^ /'o ^ ^ (lJ~ry)fyi o~n/:L^ i^^OuttAJic^^ &jL4LtA. yb vy/ ///J ' 00^ ^96 ^/-i/^dOL^ W0-OO/AT]^ UtiyS-OM aqq Sr^t^ticL^ Si n6cluD ^ 0 0! y(^hc(JL ^76 ^------ ^ 9-nS ^'7j ^03 ^^9,00 /o?^ (q> 5v6? 7 <S70 W 0(^1 '00! cLu^ - Oq^ dUyL-jo^ <^35 ^2C> /■•/ol /?yY).Date Of Hearing Time/ Motion Leon C Boehland - Denied. (8:12 p.m.) After consideration and discussion, Randaii ® that would deny the variance as requested as no j\7„?^,nn?that had the variance request been made before theaiioi for the granting of the vanance as X apphcant must bring the structure into ^Sa^ce "fore^SobTl 2005 ThI Board noted that this denial is consistent w»h other similar request. Chairman/Otter Tail Coun oard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0903-001 315.694 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota May 5, 2006 Page U 4 Bryan Bossert - Approved the variance as requested. (7:50 p.m.) Bryan Bossert, Lot 8 Block 3, Lida Shores, requested a variance of 5’ from the required side lot line setback of 10’, a variance of 7' from the required septic tank setback of 10’ and a variance of 7’ from the required road right-of-way setback of 20’ for the placement of a 10’ by 12’ shed 5’ from the lot line, 3’ from the septic tank and 13’ from the road right-of-way. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Cedi Femling made a motion, second by Paul Larson and unanimously carried, to approve a variance of 5’ from the required side lot line setback of 10’, a variance of 7’ from the required septic tank setback of 10' and a variance of 7’ from the required road right-of-way setback of 20’ for the placement of a 10’ by 12’ shed 5’ from the lot line, 3’ from the septic tank and 13’ from the road right-of-way. The variance as approved will provide the applicant with a reasonable use of his property. Dean and Kerri Dolan - Approved the variance as requested. (7:55 p.m.) Dean and Kerri Dolan, Lot 3 North Shore Park, requested a variance of 17’ from the required ordinary high water level setback of 75’ for the placement of a new home 58’ from the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve a variance of 17’ from the required ordinary high water level setback of 75’ for the placement of a new home 58' from the ordinary high water level. The Board noted that the proposed development will be behind the building line, will provide the applicants with a reasonable use of their property and will allow the applicants to enjoy the same rights and privileges as others in this immediate area. Hardship is a substandard lot of record. Rick Nelson - Denied. (8:00 p.m.) Rick Nelson, Lot 14 Burau Beach Addition, Wall Lake in Dane Prairie Township, requested a variance of 39’ from the required ordinary high water level setback of 75’ for the addition of railings to an existing deck located approximately 36’ from the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been demonstrated that would allow for the granting of the variance as requested. The proposed project is ahead of the building line/string line and would be in the shore impact zone. n C Boehland - Denied. (8:12 p.m.) Leon C Boehland, Lots 4, 5 and 6 Camp Nirvana and Lots 1 and 2 Thomas Addition, East Battle Lake in Nidaros Township, request the following; Site Permit 21768 issued 23 September 2004 for placement of a 1600 square foot structure for non-dwelling purposes. This was not to exceed 20' in height. The finished roofline measures 2T 2”. I request that a variance be granted to allow the garage/shop complex to remain at a height of 21 ’ 2”. Maximum allowable height is 20’. Randall Mann. Chair, polled the audience with no one speaking for or against the variance as requested. A letter from Rick and Barbara J Davis in support of the variance as requested was read for the record. After consideration and discussion, Randall Mann made a motion, second by Rod Boyer and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been demonstrated that would allow for the granting of the variance as requested and noting that had the variance request been made before the project was started the Board would not have granted the request. The applicant must bring the structure into compliance on or before October 1, 2005. The Board noted that this denial is consistent with other similar request. /a tnc/L^n C. t^ ^ S“45 S«§^I m i' EAST or 0 s U,493 S.r. /~z /^ / p/^/?ca i;,7« s,f. +/- /_£p/\ &)c/v./cKi . 0^ IjyA 4- 1^/ cG (p ViJLk --CriJiiLQ^ /yru^L^ ^ jb/h\J >^e<s^ iOoJj (jOaJu^ (jJu^K j)oJikA^ Ct/rS^cO ci^Mi/»uilAJ2'V<AAi^^ (jJCiL^cA.<^(Ay\ y Lx^O. ytij> pliLr\ CPrA) oO lu>-Ap pc^ ck. pfcnxi^ ^ cJ) umuO £l S^ilb Jc^ 0}AjlQ d' Vfj^iQjp ^ ^ 'Jvujaydj . uJ(U (pr\ ^(AqL Jb u>^ P^rel^ c/r^ ^OcA 9 jt>^ ~~ O/pJ)cp^ \? oA C) A u>^ sfo^Ai^A yuAj) ^ uoaM) , cO (XA 9 ' cn. ^ ', cQ !\/\ykJ U>€ /'^W2/^CJ^<2.oyu^ t4r0\/}jA^ io :AJL ju^iJ^ jJL cAAA^IJl YmQA<x^/TvenOUfXsL^ TXs2,C^iatUL c£AqjZ^Qpsn ^Q^t C^lmti. Qp^\ lO u>^ ^c. hoh 'QJ'^uOiaJ^.. ipQ£=>S O/tfL J^AAo(P>^yJ\2^ CO^ / bo jiALly UjOAJl ioouJlD oA ofi»a jAILl ^-AJL UJ4L pO^jAij, t^J)jA/L aAfc^- juyjA Qi pA/i£^ c^rut plzJ^ry^. lx>(^ ^ JLlinrr\^ upS'(<x/pS 'k> fluL atlL4 , uO&^ 7^" Al ^ O'ysiQ J&ILA UOa^ Car\S^yLP\ J^O <^ O^JD^y^J) LLH.m^ op^uO •/'/UjA Ljd(^7t£AA jl ^ 9^ ^ jAj CK AujyrAjA A sAcy^ llM^ ylD/^-eJ9 JjP u/) sM*^^on. ^eL UMajL OqA iLl- iXLO .AX3!& 4y> yOnexpA JlO ^cO P^AAnA A^oy Up2/yj mAI Jxm. q 9//2 iz^ cc /o//Z p,-Ul. S '-fklAK ^ AVJJ" VOoxJM JUJLP 1 ^ \o 'rJiU^ £?r) <:^^w rr\i \:l.^7r<\ CK kwjli ^cs\p\<i\or\, iiJc^ AjliPkr\ MjkjL ^Pb^ymJiOU> rv2A>€A^ XoQf \jyA^^ ivu^dlQoJkC^ ^ S^.7c/e^ ! -a i Otteitail County Board of Adjustment Dear Board Members; I am the property owner for the building of a 1,600 square foot non-dwelling garage - shop complex (building permit 21768 issued 23 September 2004). The building was not to exceed 20 feet in height. The building height of 21 feet 2 inches is a total oversight and in no way was intentional in design or building. I am asking for a variance to be grantedTor this non dwelling height oversight to the Ottertail County Shoreland Management Ordinance. The garage - shop has been an idea for years but a Lake Region Electric Company (L^C) line post was right in the middle of the building site. For years LREC would not move the post much less remove it. This past summer LREC was eager to upgrade existing lines and dismantle unneeded lines to help out the cooperative. The post was finally removed in mid September 2004, and the building site could be prepared. The building design was completed by Duarie Becker, owner of Update Builders in Grey Eagle. Duane had designed and supplied the materials for the lake cottage in 1986, so he knew the site quite well. Duane was oh site three (3) times to plan the building so it would fit into the landscape and look fine. I am planning to add an addition onto the cottage in a couple of years, so visual plans were made for everything to look very nice and be very fimctional. The original plans for the garage - shop complex were very much with in the 20 foot height requirements.! This building was to be built by Randy Becker Construction (license # 2222) from Bertha. Randy is Duane’s brother and built the lakejcottage for me in 1986. Obviously, Randy also knows the site extremely well. The 20 foot height maximum was told to both Duane and Randy during and after I received the site permit from Land and Resource Management. The building was to be completed fall 2004. Randy asked if they could squeeze a week or so work in to help Pastor Mark Brown out constructing “The Church of God” in Bertha. As it! was taking 10-12 weeks to get rafters at that time, “sure, that should work out fine”. Diiane got rafter plans from “Manions” and then found that a Canadian Company or a company from Winsted could makejand deliver the rafters in 3 weeks. Each company had a little bit different engineering design and the lumber storage loft in the ceiling took on larger dimensions. There then was going to be a 3-4 inch step due to the different rafter lengths. Gradually the height of the loft increased and one could stand up in the loft.! Then with a steeper pitch there would even be a flat area above one’s head. Meanwhile back at the church the other contractor was let go and Randy was asked to roof and complete the sheet rocking (1500 sheets) ^d taping. This put the church project as number one, and my garage was “filler” material. This unfortunately allowed time to reformulate arid make the plans more complicated one thing at a time. I do not believe in winter building and was planning to shelve the construction and then proceed this spring. I.L \ With the changes in rafter pitch I believe that some or all of the foot “overage” came into play. We were playing with a 9 foot wall in the garage and an 8 foot wall in the shop area. The rafters arrived on site and I did not have in my mind whether the walls were left at 8 feet, or at 9 feet, but the step in the loft had been eliminated. When ever I visited with Duane or Randy, my closing statement usually included “... as long as we are in compliance with the overall height we are OK... ” I was responsible for the 2 inch ventilation cap increase. There was a huge pile of metal vent hoods in the garage and I envisioned all of the holes that would be sawed into the roof to install them. I was familiar with the newer open peak ridge ventilation products and asked if we could use that instead of the metal vents that need to be resealed and allow snow in sometimes. It cost more and raised the height about 2-3 inches. I did not even remotely consider the height that would be added. The upstairs loft was originally just between the rafters for lumber storage. As I looked around and started to realize all of the stuffl have in 4 different locations that will need to be consolidated when my mother moves out of her house in Bertha, and as I get towards retirement, the upstairs became much more important. 1 need dry storage that rodents and insects can not get into. There are furniture pieces that can get down to freezing, but colder would hurt the joints. Professionally 1 need an office space (probably this summer - fall). The cottage is not large enough for these non-dwelling storage and office needs. I also have Centra! Serous Chorioretinopathy (off shoot of Macular Degeneration) in my right eye (15 years) and consequently I need bright light source to see well. I use to play a drum trap set and in my old age I am going to get one and the loft is the perfect place to “play away”. There also is enough distance and room for an air pistol range in the loft. The loft will be full and will function as a non dwelling. The 1 foot 2 inch “overage” on the 20 foot maximum height for a non dwelling is a complete over sight and absolutely was not planned in any way. The rafters could have had a lower pitch and easily accommodated the 14 inches while maintaining the 9 foot walls in the lower level. It would be quite costly to cut off the tops of the rafters and the appearance of the building would be adversely compromised. Randy Becker does some construction projects in the eastern side of Ottertail County. The eastern portion of Ottertail County does not have very many Land and Resource Management projects, but rest assured that if Duane or Randy Becker, or I have any more non dwelling or dwelling projects in this county, the height requirements will be dutifully followed to the utmost. Respectfully, Leon C. Boehland, DVM 13 April 2005 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center • 540 West Fir Fergus Falls, MN 56537 Ph: 218-998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us 18 May 05 Mr. Leon C. Boehland 43731 220“’ Street Vining, MN 56588 RE: Board of Adjustment denial of variance request for detached garage located at the above address dated 5 May 05. Sir: Your request was denied and the BOA granted you until 1 October 05 to bring the structure into compliance. Please inform me if it is brought into compliance before then. I will put this issue in my “tickler file” for 1 Oct 05. Thank you for your cooperation in this matter. Sincerely, Mark Ronning, Inspector