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HomeMy WebLinkAbout18000140093019_Variances_04-04-2002Variances Barcode 128 0^10^ |2oo:^ OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 901649 901649 I hereby certify that this instrument #_ was filed/recorded in this office for record on the /1 dav of CLf/] 2002 at //.7S(^pm Wendy L. Metralf, County Reader laxityby:^recording iee> 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 COMPLETE THIS APPLICATION IN BLACK INKirlcir ***^J6D /p‘JSZ'7 9/90 Application Fee Receipt Number Accepted By / Date, DAYTIME PHONEPROPERTY OWNER ^ lake NAME ________________________lake CLASS ADDRESS LAKE NUMBER S Qjy. Lf3f V'TOWNSHIP RANGE TOWNSHIP NAMESECTION /^OCO//007700^^ /g^oeo^/coPARCEL NUMBER E-911 Address^30/^ Parcel No.R 18000110077004LEGAL DESCRIPTION fih6Li^ fPteu Parcel No. ELY PROM MC F APPROX 115' S 42 DEG W 100 13 ' TO LN S 44 DEG E FROM BG N 44 DEG W TO BG NE OF MC #5PT GL 4 BG 20 NWLY 35' TO LAKE NE 120' ON LAKE S 44 DEG E 130' S 42 DEG W TO S LN SEC 11 W TO LN BEARS S 44 DEG E FROM BG N 44 DEG W TO BG TYPE OF VARIANCE REQUESTED (Please Check) Cluster Misc.Structure Setback Structure Size Sewage System Subdivision SPECIFY VARIANCE REQUESTED £Apcxr>d~^aftS«J2- 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 & RESOURCEJVI^^^EMENT REGARDING THIS MATTER. DATESIGNATURE OF PROPERTY OWNER RECEIVED FEB - 8 2002 APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) LAfYD S RESOURCE 0i)' V) ,A yDate Of Hearing ^ooX Time Motion David and Carol Place - Approved as requested (8:24 p.m.) Motion was made by Cecil Femling, second by Bert Olson and unanimously carried, to approve the applicant’s request as stated in the applicants’ application, in the applicants attachments to the application and as depicted in the applicants’ drawings, which were submitted with the application. It should be noted that the applicants’ proposal will not obstruct the view from the adjacent properties and that the existing cabin will remain in the same footprint. C twfnan/OtterTaiT County Board of Adjustment Permk(^ required from Land & Resource Management Y Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0501-001 305,391 • Victor Lundeen Cc.. Printers, Fergus Falls, MN • 1-800-346-4870 • i t *, •. '> SPECIFIC VARIANCE REQUESTED We had a variance approved on 8-3-2000 to build an addition to our cabin on Eagle Lake, a 10-ft by 40-ft addition to the backside away from the lake. We are now planning to add only a 10-ft by 28-ft addition along the length of the cabin but not including the screened porch. The entrance to the cabin will be from the new addition side, and through the screened porch. In order to avoid the addition looking like a “lean-to”, we need to replace the roof (which soon would need replacing because of age) over the cabin and to include the roof over the new addition, raising the ridge higher than it currently is. Our builder suggested that we rotate the roof 90 degrees to be able to have a loft facing the lake (see diagrams). It would position the ridge of the roof perpendicular to the lake rather than parallel. The ridge of the roof would be 16 ft high above the cabin. The construction will be 12/12 pitch, pre-built attic trusses. Since we have only a steep/high bank behind the cabin, and open space to the east, and only one cabin directly west of us (and that cabin does not open toward our cabin and they spend their outdoor time west of their cabin), our roof construction will not affect the view of any other cabin or dwelling. The space between our cabins is used mainly for parking vehicles. Because of the small seize of our cabin we have only space for one bedroom in the cabin without diminishing the living space, and this change would give us an attic loft for sleeping purposes when our five grandchildren visit, or other guests. It would greatly increase the functionality of our modest cabin. We sincerely appreciate your consideration of this proposal. Thank you. Yours trulw__ David and Carol Place received FEB - 8 2002 land & RESOURCE r Scale:^^.grid(s) equals feet, or inch(es) equals feet r • 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) y.f % Total Impervious Surface Onsite (FT2) Total Lot Area HH)) }/ z' —- '\1 ][ \ Signature Dated BK — 0500 — 029 304.678 • Victor Lundeen Co.. Printers • Fergus Falls. MN ■ 1-800-346-4870 Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: David and Carol Place 125 Surf Way #323 Monterey, CA 93940-3457 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 4, 2002, at 7:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 part of Government Lot 4, Section 11 and part of Government Lot 1, Section 14 E911 Address - 38799 Sparrow Ln Section 11/14, Township 131, Range 40 - Township Name - Eagle Lake Lake No. 56-253, Lake Name - Eagle Lake, Class - GD The variance requested is: the following: “We had a variance approved on 8/3/2000 to build an addition to our cabin on Eagle Lake, a 10-ft by 40- ft addition to the backside away from the lake. We are now planning to add only a 10-ft by 28-ft addition along the length of the cabin but not including the screened porch. The entrance to the cabin will be from the new addition side, and through the screened porch. In order to avoid the addition looking line a “lean-to”, we need to replace the roof (which soon would need replacing because of age) over the cabin and to include the roof over the new addition, raising the ridge higher than it currently is. Our builder suggested that we rotate the roof 90 degrees to be able to have a loft facing the lake (see diagrams). It would position the ridge of the roof perpendicular to the lake rather than parallel. The ridge of the roof would be 16 ft high above the cabin. The construction will be 12/12 pitch, pre-built attic trusses. Since we have only a steep/high bank behind the cabin, and open space to the east, and only one cabin directly west of us (and that cabin does not open toward our cabin and they spend their outdoor time west of their cabin), our roof construction will not affect the view of any other cabin or dwelling. The space between our cabins is used mainly for parking vehicles. Because of the small size of our cabin we have only space for one bedroom in the cabin without diminishing the living space, and this change would give us an attic lot for sleeping purposes when our five grandchildren visit, or other guests. It would greatly increase the functionality of our modest cabin.” Wayne/St&Uv Board of Adjustment Secretary Date: March 15, 2002 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 18th, day of March, 2002 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: David and Carol Place, 125 Surf Way #323, Monterey, CA 93940-3457 Mabeth Jensen, Twp Clerk of Eagle Lake, 37121 County Highway 126, Ashby, MN 56309 Diane Aasen, Eagle Lake Assoc., 38269 Oriole LN, Battle Lake, MN 56515-9557 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 Bert Olson, 501 North Shore Dr., Battle Lake, MN 56515 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 18th, 2002 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud GilRALD i' GALL CGLEGALi i9&'57 COaHT’- highway I £ ELBOW LAKE, S&S31-'51S4 RITTER TGT 2306 STORE VALLEY RL ALAKG, CA 04507-2232 GREGORY D L JEHMIFER M HALE 14061 EAGLE LAKE EO E BATTLE Lake, tIU 56S1S-6556 JERALIi L SAKliRA L CRAWFORD 40S FIELDSTORE LR HAMPSHIRE, IL 60140-0603 JOHM H HOE 7448 25TH 6T hi OAKDALE, HR 55123-4602 . RICHARD W WE6TBERG 2000 CAMBRIDGE AVE ART 150 WYOillSSIKO, FA 19610-2732 3ACQDELIHE A WAGHER PQ aClX 202 ASHBY, Mli 56309-0202 ROBEFfT L C.URTISELLE OPFERDAHL 411-33 160TH ST CLITHERALL, MN 5652.4 - 9576 DALE R OLETZKE ET AL RR i BOX 37 BR6WHS VALLEY, HR 56219-9737 OBED & BERDELL ELLIRGSOK DAVID & CAROL PLACE 'i.25 6URF' WAY #;32i3-'' HOJiTEREY, CA 03940-3457 'X ACKNOWLEDGEMENT 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. 3- Y-o?. APPLICANTDATED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH 1^'^ RECLH'EO FEB - 8 2002 FORMLTRS/6 ODAYACK L/,ND&R"‘;Oi;RCt April 4. 2002 Page 5 John and LaVonne - Approved as requested with condition - (8:12 p.m.) John and LaVonne Leick, Vergas, MN, requested the following: “Currently we have a 2.25 acre parcel and a 4.75 acre parcel. We want to relocate an existing line. Current lot line runs through existing structure. Propose a 3.2 acre parcel and a 3.8 acre parcel without platting.” The property is described as the North 280’ of the West 350’ of Government Lot 3 Easterly of Highway and the South 591.2’ of the North 871.2’ of the West 350’ of Government Lot 3 East of the Highway, Section 26 of Dunn Township by Franklin Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Bert Olson and unanimously carried, to approve the relocation of the existing lot line which will result in the creation of a 3.2 acre parcel and a 3.8 acre parcel with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. Hardship is that the existing lot line runs through existing structures. Ann Marie Eckert - Approved as requested - (8:14 p.m.) Ann Marie Eckert, Joseph Eckert and Bob L. Eckert Jr., Point Venture, TX, requested the following: “jack up existing structure, repair and raise foundation 16”. Reason for work is existing structure is too low and is rotting at the perimeter. Guest house is less than 2’ beyond the string line.” The property is described as Lots 22 and 23, Augustana Beach First Addition, Otter Tail Lake in Amor Township. Dorothy Eckert represented the applicant at the public hearing. The audience was polled with Sue Swenson speaking on behalf of Jean Reynolds and she noted Jean Reynold’s support of the variance as requested. After consideration, motion was made by Cecil Femling second by Steve Schierer and unanimously carried, to allow the applicant to raise the existing structure by 16” as stated in the application and in the area as depicted on the applicant's drawing. It should be noted that the cabin would remain in the current footprint. It was also noted that this variance approval is consistent with past actions of the Board of Adjustment and the granting of the variance as requested will provide the applicant with an adequate opportunity to maintain her property. David and Carol Place - Approved as requested (8:24 p.m.) David and Carol Place, Monterey, CA, requested the following: “We had a variance approved on 8/3/2000 to build an addition to our cabin on Eagle Lake, a 10-ft by 40-ft addition to the backside away from the lake. We are now planning to add only a 10-ft by 28-ft addition along the length of the cabin but not including the screened porch. The entrance to the cabin will be from the new addition side, and through the screened porch. In order to avoid the addition looking line a “lean-to”, we need to replace the roof (which soon would need replacing because of age) over the cabin and to include the roof over the new addition, raising the ridge higher than it currently Is. Our builder suggested that we rotate the roof 90 degrees to be able to have a loft facing the lake (see diagrams). It would position the ridge of the roof perpendicular to the lake rather than parallel. The ridge of the roof would be 16 ft high above the cabin. The construction will be 12/12 pitch, pre-built attic trusses. Since we have only a steep/high bank behind the cabin, and open space to the east, and only one cabin directly west of us (and that cabin does not open toward our cabin and they spend their outdoor time west of their cabin), our roof construction will not affect the view of any other cabin or dwelling. The space between our cabins is used mainly for parking vehicles. Because of the small size of our cabin we have only space for one bedroom in the cabin without diminishing the living space, and this change would give us an attic loft for sleeping purposes when our five grandchildren visit, or other guests. It would greatly increase the functionality of our modest cabin.” The property is described as part of Government Lot 4, Section 11 and part of Government Lot 1, Section 14 of Eagle Lake Township by Eagle Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Bert Olson and unanimously carried, to approve the applicant’s request as stated in the applicants’ application, in the applicants attachments to the application and as depicted in the applicants’ drawings, which were submitted with the application. It should be noted that the applicants’ proposal will not obstruct the view from the adjacent properties and that the existing cabin will remain in the same footprint. April 4, 2002 Page 6 James W and Patricia Clarke - Approved as requested - (8:25 p.m.) James W and Patricia Clarke, Iowa City, lA, requested a variance for the construction of a new roof (i.e. roof replacement) on an existing cabin. From the notes contained within the applicants’ file it appears that the roof has been replaced and that the replacement was done prior to obtaining a site permit. It also appears from the applicants’ drawing and from the notes that a portion of the replacement roof is both ahead of the string line and less than 10’ from the side lot line. The property is described as Lot 6, Lucky Horseshoe Bay, Lake Lida in Lida Township. The audience was polled with Robert Brungardt speaking for the variance as requested. After consideration, motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to approve the roof replacement project as already completed by the applicants. The granting of the variance provided the applicants with an opportunity to maintain their property. It should be noted that the building size remained the same and that the only change resulted from the overhang on the new roof. John L and Cheryl M. Czech - Approved with condition - (8:34 p.m.) John L. and Cheryl M. Czech, Circle Pines, MN, requested the following; “The north east corner of our home is sinking from the weight of the upper floor. We believe this 12’ by 24’ room used to be a boathouse in the past, which at some point became part of the basement. The footings that are under the end of the house 12’ by 24’ area are not thick enough to handle the upper floor, which is the kitchen and dining room. The floor heaves up real bad, we have large cracks in the back wall, also our roof sags badly from this problem. We would raise the house, take out the walls, floor, and footing in this area. We would also like to put the proper footings in and rebuild the three walls with treated lumber, plus add some windows. The basement is only 6’ tall. We would like to add 3’ to the top of the existing brick walls all around the basement and also put windows in. The plumbing goes through the floor joist all across the back wall, we will have to replace it. We will also have to redo plumbing, rewire, and redo the heating in the basement. We share our septic system with two houses to the south of us. We would like to be approved to be able to have our own septic system if all possible.” It appears from the applicants’ drawing that variances are needed from the shore impact zone, from the ordinary high water level setbacks, from the side lot line setback and from the maximum impervious surface coverage of 25%. The property is described as part of Lot 6 and all of Lot 7, Albrecht’s Addition to Nirvana, Section 34 of Girard Township and Section 3 of Nidaros Township by Stuart and East Battle Lakes. A letter from Denton O. Baumbarger in support of the applicants’ request was read for the record. Mr. Baumbarger noted that he had no objection to their request for a septic system of their own provided that the action would not adversely impact the current septic system used by our neighbors and us. A letterform John and Sara Bowling expressing three concerns with the applicant’s 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 Randall Mann, second by Steve Schierer and unanimously carried, to approve the applicants’ request as stated in the applicants’ application, in the applicants attachments to the application and as depicted in the applicants’ drawings, which were submitted with the application with the condition that 10’ by 12’ shed near the lake and near the side lot line must be removed on or before September 1, 2002. Dennis and Torrie Angland - Denied - (8:45 p.m.) Dennis and Torrie Angland, Des Moines, lA, requested a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a 28’ by 32’ hunting cabin 100’ from the ordinary high water level and a variance of 100’ from the required ordinary high water level setback of 150’ for the placement of a sewer system (tank and mound) 50’ from the ordinary high water level. It should be noted that the proposed system would be 50’ from the existing wetland. The property is described as part of Government Lot 4, Section 22 of Eastern Township by Mary Lake. The audience was polled with Tom Guse and Warner Clark speaking against the variance as requested. After consideration, motion was made by Cecil Femling, second by Steve Schierer and unanimously carried, to deny the variance as requested noting that the granting of the variance as requested would establish a precedence for this lake which has very little development.