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Home My WebLink About29000990590000_Variances_04-03-2003Variances 2 Barcode 128 iJ'3-2C03) OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/recorded l/i this office for reco^on the 925301 925301 n, --------day of ^___2003 atd2lM5a Metcalf, Countv RecorcWendy L. by: 3 rdcdrdftig fe^ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us /S3 ^ Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ~T-Xy ' I Doa/zOlO ^SllG ~D iTt/ ^Cc ^0^ 3/?ttlc MIN fj 7~a/^L. PROPERTY OWNER DAYTIME PHONE 5~/5MAILING ADDRESS LAKE NUMBER LAKE NAME LAKE CLASS SECTION 05 TOWNSHIP J 33 RANGE 039 TOWNSHIP NAME /€’0 PARCEL NUMBER E-911 ADDRESS^XSOOO 9^0S90COO LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback 7 Structure Size Sewage System___ Subdivision Cluster Misc. /| UNDERSTAND THAT mAVE AFZpLIED FOR A VARIANCE NtOM THE R^QllllREMENTC 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. 4 / - 7^~7' 3 SIGNATURE OF^ROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ^SCANNED j ;J[• ( J oj.Date Of Hearing Time Motion Donald and Sue Ditty - Denied. (7:58 p.m.) Motion was made by Mark Steuart, second by Rod Boyer and unanimously carried, to deny the variances as requested noting that no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and the only hardship that can be found is a self imposed hardship which is not sufficient for granting a variance from the requirements of the ordinance. The Board of AdiMstm^n^ stated that inc- shed and deck issues rn'is^ b'=> brr:/ght iato compliance on or oefore September 1, 2003. It was also noted that had this request been presented to the Board of Adjustment for consideration before completion of the work it would have been denied as well. The Board of Adjustment’s denial is consistent with past action of the Board. / Cflahtnan/Otter Tail Cou Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No LR Official/Dfate Copy of Application Mailed to Applicant And the MN DNR . ^ to- khtS,s,o^^ BK-0402-001 309,424 - Victor Lundeen Company, Fergus Falls, Minnesota ' » Lflj^r LfiKC IT. i %V # ■1 ■ ii ■ : ::i1., —-Sf-—u. N.P«uf^C//W^M k 0 >)CK + ■> a/cv(J Dcc>r V ; S-rco£ -'nuT/rn. ur1 ki 5\\P• ••>w 3UtX\ k - I-I *0 .S'I\ aVS ViJ r <i 4-s Vv ;- -T - !-I- -J y^e>/fO ori.■ H'i:H- • J' f T'-RI i :!i '-rr J ,-f-- ;-:, 4 i'-.■]•- I'T ; .••,i-::4•i----(-•-r -rn ri T } 1 Scale:.grid(s) equals feet, or jnch(es) equals .feet Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) X 100 =% Total Impervious Surface Onsite (FT2) Total Lot Area (FT2)* I ir : r t. ______ 'I 4- .i _ ... Lt ! •f —i ; h t ;cK ;:u- :t f Signature Dated BK — 0500 — 029 304.S78 • Victor Lundooo Co.. Printers • Fergus Fells. MN • 1-800-343-4870 April 3,2003 Page # 5 lonald and Sue Ditty - Denied. (7:58 p.m.) Donald and Sue Ditty, Lot 2, El Will Beach, Ethel Lake in Girard Township, requested the following: In 2001 we built a wrap around deck on our new double wide home. We did not think we needed a permit or a variance for this. We now know we did. We are requesting a variance for the west side of the wrap around deck, which is connected to the front deck and to the west side of the house. The side door is on this side of the house, which has a higher elevation. So the side door is four feet from the ground. The steps for the side door are also connected to the deck on the west side. We also need a variance for the shed next to the garage. The shed can be moved if needed. Requesting a variance of 6.5’ from the required side lot line setback of 10’ for the location of the deck 3.5’ from the lot line and a variance of 8’ from the required side lot line setback of 10’ for the placement of an existing shed 2’ from the side lot line. A letter from Douglas J. Houska in support of the applicants’ request was read for the record. A letter from David Smith stating that he support the variance as requested so long as the Board of Adjustment would grant him the same variance was also read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Rod Boyer and unanimously carried, to deny the variances as requested noting that no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and the only hardship that can be found is a self imposed hardship which is not sufficient for granting a variance from the requirements of the ordinance. The Board of Adjustment stated that the shed and deck issues must be brought into compliance on or before September 1, 2003. It was also noted that had this request been presented to the Board of Adjustment for consideration before completion of the work it would have been denied as well. The Board of Adjustment’s denial is consistent with past action of the Board. Ray A. Chase - Denied. (8:17 p.m.) Ray A. Chase, Lots 10 and 11, Oxcart Trail, Blanche Creek in Otter Tail Township, requested a variance to allow 50’ of Lot 10 to be convey and permanently attached to Lot 9, a variance to construct a 24’ by 36’ garage on that portion of Lot 10 which is being permanently attached to Lot 9 as depicted on the applicant’s drawing, and a variance that would declare the balance of Lot 10 and Lot 11 as a buildable lot. It should be noted that Lot 9 with the additional 50’ from Lot 10 would have approximately 51,750 square feet of area and the balance of Lot 10 together with Lot 11 would have approximately 58,750 square feet of area. Carroll and Joyce Rohrich represented the applicant at the public hearing. Mr. and Mrs. Rohrich noted that they are also in need of a variance from the ordinary high water level. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Paul Larson 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 as requested and noting that the granting of the variance as requested would not improve the condition of Lots 10 and 11. The Board of Adjustment also questioned whether Lots 10 and 11 as currently combined would be buildable. Special Note - Carroll and Joyce Rohrich complimented Mavis Samuelson of the Land and Resource Department for all of the assistance and information that she provided to them during the variance application process. Gregory J. Boedigheimer - Approved as modified. (8:32 p.m.) Gregory J. Boedigheimer, part of the Northwest Quarter of the Northeast Quarter, Section 18 of Otto Township by the Otter Tail River, requested a variance of 27’ from the required ordinary high water level setback of 150’ for the addition of a 12’ by 28’ three season porch 123’ from the ordinary high water level of the Otter Tail River. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Cecil Femling and carried with Paul Larson voting no, to approve a variance that would allow for construction no closer to the ordinary high water level than the line that would be created when the south wall of the existing home is extended straight out to the west. No part of the proposed addition can extend in front of the existing south wall of the existing dwelling. It was noted that the variance as granted does provide the applicant with a reasonable use of his property as there is adequate room to the west of the existing structure for the prop a i t 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 March, 2003 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Donald Earl and Suzanne Ditty, 27441 EL WILL RD, Battle Lake, MN 56515 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Rod Boyer, 51127 E Wymer Lake Rd, Frazee, MN 56544 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 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: March 17th, 2003 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud SCA.1ED ,ri DONALD W LUHNINGBRUCE C i SANDRA J JONASON 40927 COUNTY HIGHWAY 128 BATTLE LAKE, MM 58515-98449318 THOMAS AVE N BROOKLYN PARK, MM 55444-2907 STEVEN DAVIS £T AL A-TTAJ BLLBN L DAV/5 l?A50 A-VE- P6\(MOaT?f DAVID i LINDA MARIE SMITH 27479 ELWILL RD BATTLE LAKE, MN 58515-9645 MA) S‘3^^-7I STEVEN J i RENaE j TROVERSRUCE i JOANN SAUERBIER 2014 ROSE CREEK RKWY £ FARGO, ND 58104-884017570 KODIAK AVE LAKEVILLE, MN 55044-9280 DONALD- EARL & SUZANNE DITTYMALCOLM H i ERICA A SHARRaTT 27441 EL WILL RD BATTLE LAKE, MN 58515-964527495 EL WILL RD BATTLE LAKE, MM 58515-9645 DOUGLAS J i DAWN M HOUSKAKENNETH A LAVOMNE HOCHSTEDLER 23321 OAKvIEW HEIGHTS DR FERGUS FALLS, MM 58537-818327487 EL WILL RD BATTLE LAKE, MN 58515-9845 ; received JAN 3 0 2003 WND& RESOURCEACKNOWLEDGEMENT I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60 DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.I UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY APPLICATION. DATED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH 1®'^ FORMLTRS/6 ODAYACK February 4, 2003 To Whom It May Concern: This letter is to acknowledge that Don Ditty’s construction of his deck is next to the west property line and that I am OK with the situation. If you have any questions, please call me at 218-736-0110. Douglas J. Houska SCANNED RECEIVED OTTERTAIL CO. AUDITORMarch 26, 2003 MAR 2 8 2003 FERGUS FALLS, MN'To Whom It May Concern: I am writing about the variance meeting on April 3, 2003, for Don and Sue Ditty. I support Don and Sue Ditty on this variance a 100%, on their deck. We also wanted a deck on the side of our house when we put our new home in 2000. Land Management told us “no”. So we didn’t put a side deck on. So when we apply for a variance for a deck from our back door to the front deck, I would hope that you would consider a variance for us also. Thank You, ADavid Smith 27479 El Will Rd. Battle Lake, MN. 56515 SCANNED