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Home My WebLink About29000990462000_Variances_05-13-2004Variances Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 954144 954144 I hereby certify that this instrument #__ was filed/recorded in this office for record on the_H_day of ---------__________2004 at 9’00 Wendy L. M^calf, by: f I )o. JJ'). /liO m .recording f^ .well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED 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 APR 1 2 2004 LAND & RESOURCE Mb-06Application Fee ^k>Receipt Number /c Accepted By / Date J COMPLETE THIS APPLICATION IN BLACK INK cx^c-Lg &Loo^AX|OGro^/ tAlM DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS C3 bLAKE NUMBER-^^^^^^ LAKE NAME W E-^T SECTION 3 I TOWNSHIP _______LAKE CLASS 133 RANGE '3C( township NAME PARCEL NUMBER E-911 ADDRESSD-C\ - OOP -^c(~o4(,:l-ooo OJ 4.— ~\\LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Misc.Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We have designed a 30’ House to be constructed on the 50 ft. lot which would allow for the required lO’ sideyard setback.. When staking out the house, due to the fact that there were no 90 degree corners to the lot, we no longer had the required 10’ sideyard setback necessary. The choices were to stake the house parallel to the sidelines of the lot or parallel to the front and back of I p. the lot. If staked parallel to the sidelines then you have one entire side of the house too close to the lot line. We chose to line up the I ^ house with the front and back of the lot (more parallel to the lake) versus the sidelines therefore making the front Northwest corner ■' ^ 5’6” from the lot line and the rear Southeast corner 5’ from the lot line. We are requesting a variance from the required 10’ sideline ^ setbacks to allow the house to be constructed as drawn considering there are no 90 degree corners to the lot making it less than 50’ ^ across when you square it off. The Northwest comer of the neighboring cabin (brown A Frame) to the north is constructed approximately 5’ from the north lot line of that property and likewise the Northeast comer of the garage of the property to the south (pink house) is constructed approximately 5’ from the north line of that lot therefore our setbacks would be similar to these dwellings that are already in existence. I 'T? 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. ik. SIGNATURE OF PRi RTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 4-^ rw ^ Vi o-aa^vjcla^ V ul/^ />Mla^ o^ p ^^.a^dL-ccc^ V 13' G *'^ ^M7>i=s^ ■-SW>.vj(^Avii. ^Orv4^«-^ f-j-o^^ 3va\>vc9 AVjijLAyKvLxj cwxP ^o'+ JUc^ L<^i)’i-fi4^'>^ (jUU^to/J- (kcidj,. hj 9/a CUOOOOJUtSL /'^C^L f55 '^4’/ ^'^(pdvi^ H-^(p~0'0 f dxj^/04^ 3/ di‘f-3^oy-o 0<3 g.OF ooo ^-oo/4(/J-^ooy-Tpo /^/n./3/Y)j^Date Of Hearing Time / Motion Steven and Jan Kirchner - Denied the side lot line portion of the request and approve the balance of the variance as requested. (7:02 p.m.) After discussion and consideration, Cecil Femling made a motion, second by Steve Schierer and unanimously carried, to deny the side lot line variances as requested noting that a reasonable use of this property can be obtained without the granting of a variance from this requirement and to approve the placement of the proposed development 13' 6” in front of the string line as depicted on the applicants’ drawing submitted with the variance application. The Board noted that the proposed development is behind the building line and will be placed approximately 18’ further back from the lake than where the previous structure was located. The granting'df the variance as approved will provide the . Hardship is a si^standard lot of record.applicants with a reason^e use of 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, Co. Assessor and the MN DNR bk 0204-001 317.340 • Victor Lurxjeen Co.. Printers • Fergus Falls. Minnesota May 13,2004 Page #3 , John Soby and Peter Hoff - Approved the variance as requested. (6:47 p.m.) John Soby and Peter Hoff, part of Government Lot 1, Section 26 of Tordenskjold Township by Stalker Lake, requested a variance of 42’ from the required ordinary high water level setback requirement of 100’ for a 14’ addition to an existing cabin 58' from the ordinary high water level. Mr. Peter Hoff did not appear at the public hearing. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 42’ from the required ordinary high water level setback requirement of 100’ for a 14’ by 32' addition to an existing cabin 58’ from the ordinary high water level. Hardship is the terrain of the applicants’ property. The Board noted that the proposed addition will be no closer to lake than the existing structure, is not within the shore impact zone and that there is no other place for the proposed addition. Leland and Ruth Dahl - Approved the variance as requested with conditions. (6:50 p.m.) Leland and Ruth Dahl, Lot 13 and part of Lot 14 Svendsgaard Camp, Long Lake in Elizabeth Township, requested a variance of 12’ and a variance of 27’ from the required ordinary high water level setback of 100’ for the placement of the south end of the house and deck 88’ from the ordinary high water level and for the placement of the north end of the house and deck 73' from the ordinary high water level. Rich Bratlien, Harvest Homes, appeared with the applicants at the public hearing. Chairman Mann polled the audience with Willis Stelter speaking for the variance as requested. Letters from Carol Jean Bertelsen and Shirley and Willis Stelter in support of the variance as requested were read for the record. After discussion and consideration, Cecil Femling made a motion, second by Roberts Schwartz and unanimously carried, to approve a variance of 12’ and a variance of 27’ from the required ordinary high water level setback of 100' for the placement of the south end of the house and deck 88’ from the ordinary high water level and for the placement of the north end of the house and deck 73’ from the ordinary high water level with the following conditions; 1.) no part of the proposed development can be any closer to the ordinary high water level than the existing deck and house, and 2.) no more than 25% of the total lot area can be covered with impervious surfaces. Hardship is the terrain of the applicants’ property. Steven and Jan Kirchner - Denied the side lot line portion of the request and approve the balance of the variance as requested. (7:02 p.m.) Steven and Jan Kirchner, Lot 11 Weston First Addition to Ferncliffe, West Battle Lake in Girard Township, requested the following; We have designed a 30’ house to be constructed on the 50’ lot, which would allow for the required 10’ side yard setback. When staking out the house, due to the fact that there were no 90- degree corners to the lot, we no longer had the required 10’ side yard setback necessary. The choices were to stake the house parallel to the sidelines of the lot or parallel to the front and back of the lot. If staked parallel to the sidelines then you have one entire side of the house too close to the lot line. We chose to line up the house with the front and back of the lot (more parallel to the lake) versus the sidelines therefore making the front Northwest corner 5’ 6” from the lot line and the rear Southeast corner 5’ from the lot line. We are requesting a variance from the required 10’ sideline setbacks to allow the house to be constructed as drawn considering there are no 90-degree corners to the lot making it less than 50’ across when you square it off. In addition to side yard variances, I will need a front setback variance of 13’ 6” in front of string line on Northwest corner of house. Chairman Mann polled the audience with no one speaking for or against the variance as requested. Letters from Bertram Osgood and Millie Pearson in support of the variance as requested were read for the record. An email from Jacalyn Staab and Linda Ovitz in opposition to the variance as requested was read for the record. After discussion and consideration, Cecil Femling made a motion, second by Steve Schierer and unanimously carried, to deny the side lot line variances as requested noting that a reasonable use of this property can be obtained without the granting of a variance from this requirement and to approve the placement of the proposed development 13’ 6” in front of the string line as depicted on the applicants' drawing submitted with the variance application. The Board noted that the proposed development is behind the building line and will be placed approximately 18’ further back from the lake than where the previous structure was located. The granting of the variance as approved will provide the applicants with a reasonable use of their property. Hardship is a substandard lot of record. Date_l:^ ol Scale Signature ¥■ .rffr^L L<rr M».eATOTfiL -s,kaP c b-lftOULi ^ 2i*Z.S 4^ - ' • H<nvt "io 3 ^^♦A^ /6xo ' V li' S (14 43'x3s"r /so f 0 ti a. X 'i.x i 'Wt< W s*ALUfc)UL 17 X 5" sliu^ »<S‘ir3l T ■* ! i i i ^ <o!i V ;!I \pl^l^i 5.5^ I 4 ) l> laj___*Z<r 3^ -o «>•5 vj (T A! VI HOU^t X \VoJT IX — X).’|4 <?>WJ \l^W 6\■ ^ So t' \ \ I X0 f BK — 0403 313.987 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4870