HomeMy WebLinkAbout30000310201001_Variances_10-04-2012Variances
2
Barcode 128
1116729
Date Stamp
DOC# 1116729 III II11 HIM IIIII I ill
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY. MINNESOTA
1116729
Fee: $46.00
Well Certificate [ ] Rec'd
received
SEP 0 6 2012
LAND & RESOURCE
Certified, Filed, and/or Recorded:
October 10, 2012 8:40 AM
Wendy L. Metcalf, Recorder
Returned To:
LAND & RESOURCEU\ ■L&R Initial
By: LL
THE 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
-COApplication Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date WU |
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LAKE CLASS -
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PARCEL
NUMBER 4S~474 ^ Rvyl-MA-wn
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LEGAL DESCRIPTION
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5" E-a t Cl7 2-0 Ac,')
TYPE OF VARIANCE REQUESTED (Please Check)
7 WECSCluster Misc.SubdivisionSewage SystemStructure SizeStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
’i >I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBIH^Y^TQ ptyiTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
%/.-rXL
:E 6f PROPERTY OWNER / AGENT FOR OWNER/|!k5N,DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345.194 • Victor Lundeen Co., Printers • Fergus Fails. Minnesota
TimeDate Of Hearing
Motion
Jeffrey and Jayne Mathson - Approved the variance application as modified with a condition. (6:30 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve
the location of the garage at approximately 43’ from the ordinary high water level, the location of the pump house/storage shed at
approximately 43’ from the ordinary high water level, the location of the park model trailer at approximately 38’ from the ordinary
high water level, the location of the deck attached to the trailer at approximately 29’ from the ordinary high water level and the
placement of the gazebo/deck no closer to the ordinary high water level of Devils Lake than the park model trailer, excluding the
deck on the trailer, with the condition that the gazebo/deck must be relocated on or before May 1, 2013. The variance as
approved is consistent with other recently granted variance in this immediate area.
ChWman/OtterTail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
lo/s/zxCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 072011-001
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, October 4, 2012
The Otter Tail County Board of Adjustment met Thursday, October 4, 2012, with the following persons in attendance:
Ken Erickson
Thomas Lee
Michael Harris
Randall Mann
Scott Ellingson, Land and Resource Management
David Hauser, County Attorney
Paul Larson
Steve Schierer
Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the September 6, 2012 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Jeffrey and Jayne Mathson - Approved the variance application as modified with a condition. (6:30 p.m.)
Jeffrey and Jayne Mathson, Lot 86 Nedberg - Nye Survey Lots of Government Lots 1,2 and 3, Section 1 and part of
Government Lot 5 Section 31 of Edna Township by Devils Lake and an Unnamed Lake, requested the following:
Requesting a variance for existing structure setbacks.
Garage approximately 43’ (permitted in 1996 - Permit No. 14380)
Gazebo/Deck height 14', Setback approximately 17’
Pump house/storage approximately 43’
Park model approximately 38’, deck at 29’
1.
2.
3.
4.
We plan to raise the garage 2 courses of block or 16” if approved.
The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the location
of the garage at approximately 43’ from the ordinary high water level, the location of the pump house/storage shed at
approximately 43’ from the ordinary high water level, the location of the park model trailer at approximately 38’ from
the ordinary high water level, the location of the deck attached to the trailer at approximately 29’ from the ordinary
high water level and the placement of the gazebo/deck no closer to the ordinary high water level of Devils Lake than
the park model trailer, excluding the deck on the trailer, with the condition that the gazebo/deck must be relocated on
or before May 1, 2013. The variance as approved is consistent with other recently granted variance in this immediate
area.
Frank and Karen Froelich - Approved the variance application as modified with a condition. (6:40 p.m.)
Frank and Karen Froelich, part of Government Lot 1, Section 11 of Scambler Township by Pelican Lake, requested
the following: A variance of 8’ from the required side lot line setback of 10’ for the placement of a 20’ by 24’ garage 2’
from the side lot line to allow for feasible (without such a tight turn) and safer ingress and egress to the garage off
County Road 9. Garage will replace current storage building that is closer to right-of-way and potentially problematic
for upcoming County Road 9 improvement construction. The audience was polled with no one speaking for or against
the variance as requested. After consideration and discussion, Randall Mann made a motion, second by Steve
Schierer and unanimously carried, to approve a variance of 5’ from the required side lot line setback of 10’ for the
placement of a 20’ by 24’ garage 5’ from the side lot line with the condition that no more than 25% of the total eligible
lot area can be covered with impervious surfaces. The variance as approved does not directly or indirectly grant any
other variances for the proposed development.
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77SK 7AA. CCUfSTY. UifMESOTA
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 Fir Ave W
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertaii.mn.us
www.co.otter-taii.mn.us
Applicant and/or appiicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Jeffrey and Jayne Mathson
107 Rivershore Drive
Harwood, ND 58042
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter
Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision
Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, October 4, 2012 at 6:30 p.m.J
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the
public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the
public hearing.
The property concerned in the application is legally described as
Lot 86 Nedberg - Nye Survey of Government Lots 1, 2, 3 and part of Government Lot 5,
Property Address - 45974 Devils Lake Road
Section 1, Township 136, Range 40 - Township Name - Edna
Lake No. 56-245/1345, Lake Name - Devils/Unnamed, Class - GD/NE
The variance requested is -
the following: Requesting a variance for existing structure setbacks.
Garage approximately 43’ (permitted in 1996 - Permit No. 14380)
Gazebo/Deck height 14’, Setback approximately 17’
Pumphouse/storage approximately 43’
Park model approximately 38’, deck at 29'
1.
2.
3.
4.
We plan to raise the garage 2 courses of block or 16" if approved.
Wayne Stein
Board of Adjustment Secretary
Date: September 14. 2012
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 September, 2012 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Jayne and Jeffrey J Mathson, 107 Rivershore Dr, Harwood, ND 58042 4013
Carol Nelson, Twp Clerk of Edna, 44783 E Little McDonald Dr, Perham, MN 56573
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St, Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Ken Erickson, 51350 County Highway 31, Detroit Lakes, Mn 56501
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: September 17, 2012
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
gcANNE^
r *
RAYMOND BAUMLER ET AL
544 13TH AVE N
MOORHEAD MN 56560 1575
CHERYL BOCHE
1040 SAINT JOHNS BAY
WOODBURY MN 55129 8537
JON M & SUSAN J ANDERSON
356 4TH ST E
HALSTADMN 56548 4137
DUANE J HELEY
46333 405TH AVE
PERHAMMN 56573 8100
JEFF P HANNA
3002 10TH ST N UNIT 5
FARGO ND 58102 5113
LORRAINE FLATAU
PO BOX 297
MAHNOMEN MN 56557 297
KARL E & PATRICIA ANN SHULSTAD
43989 LAKE OLAF RD W
PELICAN RAPIDS MN 56572 7212
STEPHEN H & ANNE E SCOTT
3106 9TH STN
FARGO ND 58102 1342
JAYNE & JEFFREY J MATHSON
107 RIVERSHORE DR
HARWOOD ND 58042 4013
RAYMOND & HELEN J ZIEGLER
40555 460TH ST
PERHAMMN 56573 8631
GREGORY P & KATHLEEN STOMPRO
2625 39TH AVE SW
FARGO ND 58104 7026
RALPH J TECKEMEYER
46086 405TH AVE
PERHAMMN 56573 8100
scahhec)
a April 18, 2013
Page #3
Jim and Judy Pederson - Approved the variance application as requested. (7:04 p.m.)
Jim and Judy Pederson, part of Government Lots 2 and 3, Section 31 of Maine Township by West Lost Lake,
requested a variance of 70’ from the required ordinary high water level setback of 200’ for the construction of a 35’ by
45’ building approximately 130’ from the ordinary high water level. Dan Zierden appeared with the applicant at the
public hearing. The audience was polled with on one speaking for or against the variance as requested. After
discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried, to
approve a variance of 70’ from the required ordinary high water level setback of 200’ for the construction a 35’ by 45’
building (maximum size - might be smaller) 130’ from the ordinary high water level. The variance as approved does
not directly or indirectly grant any other variance for the proposed development.
William and Deborah Roufs - Denied. (7:08 p.m.)
William and Deborah Roufs, Lot 15 Oakwood Beach, Silver Lake in Everts Township requested a variance of 7’ from
the required road right-of-way setback of 20’ for the placement of a 24’ by 24’ garage 13’ from the road right-of-way.
The audience was polled with on one speaking for or against the variance as requested. After discussion and
consideration, Michael Harris made a motion, second by Rick Wilson and unanimously carried, to deny the variance
as requested as no adequate practical difficulty had been shown that would allow for the granting of the variance as
requested, the applicants can obtain a reasonable use of their property without the granting of the variance as
requested and the applicants have adequate area to comply with the setback requirements.
Land and Resource Department Issue - (7:15 p.m.)
From the October 4, 2012 Minutes -
Jeffrey and Jayne Mathson - Approved the variance application as modified with a condition. (6:30 p.m.)
Jeffrey and Jayne Mathson, Lot 86 Nedberg - A/ye Survey Lots of Government Lots 1, 2 and 3, Section 1 and part of
Government Lot 5 Section 31 of Edna Township by Devils Lake and an Unnamed Lake, requested the following:
Requesting a variance for existing structure setbacks.
Garage approximately 43’ (permitted in 1996 - Permit No. 14380)
Gazebo/Deck height 14’, Setback approximately 17'
Pump house/storage approximately 43’
Park model approximately 38’, deck at 29’
1.
2.
3.
4.
We plan to raise the garage 2 courses of block or 16" if approved.
The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the location
of the garage at approximately 43’ from the ordinary high water level, the location of the pump house/storage shed at
approximately 43’ from the ordinary high water level, the location of the park model trailer at approximately 38’ from
the ordinary high water level, the location of the deck attached to the trailer at approximately 29’ from the ordinary
high water level and the placement of the gazebo/deck no closer to the ordinary high water level of Devils Lake than
the park model trailer, excluding the deck on the trailer, with the condition that the gazebo/deck must be relocated on
or before May 1, 2013. The variance as approved is consistent with other recently granted variance in this immediate
area.
April 18, 2013 Meeting -
Jeffrey and Jayne Mathson have submitted a letter to the Land and Resource Department requesting an extension of
the May 1, 2013 dated stated in the above motion to August 1, 2013. After discussion and consideration, the
members of the board by general consensus, agreed to the requested extension because of past and current weather
conditions that have prevented the applicants from moving as quickly forward with their approved project as original
planned.
f, ■ • " ^
April 18, 2013
Page # 4
John Zasada - Approve the variance application as requested with a condition. (7:30 p.m.)
John Zasada, part of Lot 14 and all of Lots 15 and 16 Lake View Beach, Pelican Lake in Scambler Township,
requested the following; Existing waterfront setback is 30’ from the ordinary high water level to existing deck. We are
requesting a variance of 52’ for the construction of additions to existing deck and dwelling. Due to a vacant lot
adjacent to property a building line does not apply. Also, tie-in to existing structure will not change or exceed existing
roof line. Tammy Norgard (Applicant’s wife) and Chris Hawley (Architect) represented the applicant at the public
hearing. The audience was polled with on one speaking for or against the variance as requested. After discussion
and consideration, Rick Wilson made a motion, second by Thomas Lee and unanimously carried, to approve the
variance as described in the variance application dated February 27, 2013 and as depicted on the drawings submitted
with the application with the condition that no more than 25% of the total eligible lot area can be covered with
impervious surfaces.
Theodore Petersen - Approved the side lot line setback variance as modified and denied the
variance as requested for the height of the proposed structure. (7:37 p.m.)
Theodore Petersen, Lot 13 Block 4, Lot C of Reserve 1, Lot C of Reserve 2, Lot C of Reserve 3 of Bonita Beach
(formerly Sand Beach Park and Rearrangement of Block 1 and Reserves 1, 2, and 3 of Sand Beach Park), part of Lot
14 Block 4 of Sand Beach Park (also known as Bonita Beach) and part of Lot B of Reserve Lot 2 in the
Rearrangement of Block 1 of Reserves L, 2 and 3 of Sand Beach Park (also known as Bonita Beach), Otter Tail Lake
in Everts Township, requested the following - I would like to put up a new garage, to replace the old one, but I cannot
make the setback requirements from the north lot line, by moving the structure 10' from the lot line, with the septic
being to the south of it. Also, I would not be able to drive in the garage with it being setback from the lot line. I am
proposing to replace the existing 16’ by 18’ detached garage with a detach garage being T from lot line, requesting a
9’ variance from the lot line. Required setback is 10’. Also, I am applying for a variance for the height of the new
garage, proposing to be 26’ high. I am asking for a 6’ variance on the height. The.audience was polled with on one
speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a
motion, second by Thomas Lee and unanimously carried, to approve a variance of 7’ from the required side lot line
setback of 10’ for the placement of a garage 3’ from the side lot line and to deny the variance as requested for the
height of the proposed structure. The practical difficult is the unique layout of the existing development.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 7:48 p.m.
Prepared by:
Wayne Stein, Secretary
The minutes were mailed on Friday, April 19, 2013 to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
Otter Tail County Board of Adjustment April 9, 2013
Government Services Center
540 West Fir RECEIVED
Fergus Falls, MN 56537
Attn; Mavis Samuelson LAND & RESOURCE
Re: Request for time extension on approved variance request condition
Hearing date; October 4, 2012
Receipt # 146792 dated September 6, 2012
Lake#56024500, Devils Lake, Perham MN
Ms. Samuelson,
On October 4, 2012, we attended the Variance Hearing for our application dated 9/6/2012 (see
attached). The result of the hearing was to force us to move the gazebo located on the property
we purchased as is, by May 1, 2013.
After that hearing we contacted two parties to move the structure and were told they would
not be able to do the work till spring. With the late spring we are experiencing, we do not
anticipate being able to get the site ready to receive the structure and moved onto it by the
May 1®* date stipulated in the motion.
We respectfully request an extension to the May 1^' Date to preferably August 1®‘, this will allow
time to prepare the site and get someone to move it.
Thank you for considering this request.
Sincerely,
Jeffrey and Jayne Mathson
107 Rivershore Drive
Harwood, ND 58042
701-282-6398 home
701-371-0874 cell
SCANIilD
Date Stamp
received
SEP 0 S 2012
LAND & RESOURCE
U\ ■L&R Initial T
THE 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
\'HOApplication Fee
Receipt Number ‘X
Accepted By/Dale Lit I
7o( jvy 0^7^
COMPLETE THIS APPLICATION IN BLACK INK
PROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS /i~> 7 1=1 priotg, tiARl^OO £> . rO ^ o&OHZ^
LAKE NUMBER5oO _ LAKE NAME _ LaUs.
SECTION O I
LAKE CLASS ^
RANGE Ho TOWNSHIP NAME ^Pa)i’?
H&l3(oTOWNSHIP
PARCEL
NUMBER R Z POOP \oOOZOBfi/RP, COO03 ]OZO\bOl address IfeAls A.’V
______________________________________________________________________________5~fe3"^3'
legal DESCRIPTION 5^0. ol Wp-ist- J -a>P£
31 rwf-137 R^jc, o3T Ba 6 ClT- z-o Ac.^
TYPE OF VARIANCE REQUESTED (Please Check)
7 structure Size____Sewage System____SubdivisionStructure Setback Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I understand that I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS 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.
IE 6F PROPERTY OWNER / AGENT FOR OWNER^|6N,DATE
APPLICANT MUST BE PRESENT AT THE HEARING 'D(Applicant Will Receive Notification As To The Date/Time Of Hearing) “=■'%! if
349.194 • tAciof Luntfetn Ce., Prlnleri • Ftrgui Faitt. Minniiola
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,yOz.-AL4f/^frnDate Of Hearing Time
Motion
Jeffrey and Jayne Mathson - Approved the variance application as modified with a condition. (6:30 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve
the location of the garage at approximately 43' from the ordinary high water level, the location of the pump house/storage shed at
approximately 43’ from the ordinary high water level, the location of the park model trailer at approximately 38' from the ordinary
high water level, the location of the deck attached to the trailer at approximately 29’ from the ordinary high water level and the
placement of the gazebo/deck no closer to the ordinary high water level of Devils Lake than the park model trailer, excluding the
deck on the trailer, with the condition that the gazebo/deck must be relocated on or before May 1, 2013. The variance as
approved is consistent with other recently granted variance in this immediate area.
iman/Otter TaH County B^rd of AdjustmentChfei
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
L R Officiai/Date
bk 072011-001
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.otter-tail.mn.us
April 19, 2013
Jeffery & Jayne Mathson
107 Rivershore Dr.
Harwood, ND 58042-4013
RE: Variance Extension / Parcel #20000010002088
Dear Mr. & Mrs. Mathson,
Upon further review at the Board of Adjustment last night 4-18-2013 the board granted an
extension to relocate the gazebo from May 1®‘ 2013 to August 1®‘ 2013.
Deadline to have the gazebo moved is August 1®^ 2013.
Any question call 218-998-8095.
Sincerely,
Scott Ellingson
Land & Resource Inspector