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Home My WebLink About18000150099001_Variances_07-13-2000Variances 2 Barcode 128 t OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 866968 this instrument #_____________ was filed/recorded in tois office for record on the ! o 866968 ___day of2000 at 3-^S an|^^ Wendy l^etg&lf, County Rect^der by: ( iJ19^fh^Mor6Ao]ee^ ^ 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 INK*** /SDApplication Fee Receipt Number (S>PtLLi^&ne^<. PROPERTY OWNER DAYTIME PHONE f\/lu/y\oL>TE.l/loe«PM06 <5ADDRESS Lf^Ke.LAKE NUMBER LAKE NAME LAKE CLASS TOWNSHIP II? I ^ RANGE HO ^ TOWNSHIP NAME PARCEL NUMBER /S’ OOO /S' Oo9'9 OO / SECTION /9 &/'lFIRE / LAKE I.D. NUMBER iLEGAL DESCRIPTION Pft4LT OP----- Fr V , /OO' 7~ /3 QuiST ■R: UOfr*fO ■H---CL& ^/c 6/^ A/ oAJ S. A/>7> ro /ff TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision__Cluster Misc. SPECIFY VARIANCE REQUESTED ftPO TO Cu/Tf^ 0c,O DoCa^^ <z.Pt(bJ^ (yfi-dlfi-KJ S "S) F=-/lc>^*0 (5T J //U rxnlOOUG. a A=- (~c^T~ “ Cc^ y y ‘I I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCBSUBDIVISION 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. rORE OF Pi^ERTY OWNER APPLICAI^T MUST BE PRESENT AT THE HEARING (o-IS-0^ DATESIGNAT (Applicant Will Receive Notification As To The Date/Time Of Hearing) Beccch 3-it^ ' 1 ..lSA,l£3^c Jo15 -dvo -^ool 3^1 ^^7- -0/ ^ -01^ -0 s5 Accepted By Land & L & R 0fficial/g3t^ 7.'t^acizo TimeDate Of Hearing Motion Ruth and Jeffery Gallagher - Approved with condition. Motion was made by David Holmgren, second by Robert Schwartz and unanimously carried, to approve a variance of 53’ from the required ordinary high water level setback of 75’ for an addition to an existing dwelling 22’ from the ordinary high water level with the condition that the proposed addition can be no closer to the ordinary high water level than the existing structure. It was noted that the applicants’ proposed project will eliminate the existing cabin to the south, would make a substantial improvement to the applicants’ property and will provide the applicants with a reasonable use of their property. Hardship is the terrain of the applicants’ lot, which prevents placing a structure further back from the ordinary high water level. / G^irman/Otter Tail County Board of Adjustment PenMt(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No VnhoCopy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • ViclOf Lundeen Co., Primers • Fergus Falls. Minnesota I t ’ I . I I .1. __.-I.-I—L-L.j.. J.-J -!!.1 I .1 .1 -J_ I -.1—1 ' I \Ti^o 44ii Scale:.grid(s) equals feet, or i_l__Ll_inch(es)eabalS t--41 ii.iUc,I,1I A ,Li,:i 1 G/im \Dfflfec/ I 1.lure Please use this she'll fot the required scale drawing of your proposal. Be sure to in'clude lot dimensior rwatt&^ frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing structures i; .-1 ;!Required impervious surface coverage caiculation (See definition in Shoreiand Management Ordiriance) 1. .-4 . 4-1-i-IS , gg<g’11^57 •I00 =r !Trr%i/1 :U:Total Impervious /Surface Onsite Total Lot Area :(ft2)t1I i 4. L .1IrI -. j i.. 4 [-!-M(FT2)i ;i-i. i 4-■1\i IJ.I I 11 t •--1in':.:!:;-i •r:<:4-i 1 - 1 -I--i .iII-i-•f . .i.1_r!-t--i t 1-t IL U-iI:tJ-i-‘ i-!;-j- t"--!- i-—-X-i.:i :ii -i-. t.t.14 .4...-1 I__41 .4.-J-j .4__.:;I 4— —1 -lit-J-I-I »- -Q^{URujrtir(- \^oo 4. -;‘v -44 .. 11 ^+ '.r!‘4 t-! ^SK —Ii-•4iJ 4•t i--t-t.r i iI - .1 .-,J----------1„._-: tit:i i -4-i --1____I—J i +4-X ^outDitPc;; .i -1-,.....l-l -i;I l-;o JI4(-M I• » -rj:4-1; .-■! 4::rLI! J!! - I . : . i ,.4. |..-i-1:1 1.!•i r-1' • i Lii-1 ! i. :I------L-I1 I 1,4 X ..t.J.L.i i—— .j I i ; ■ ’ .!. 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AUDITOR JUL 1 9 2000 July 13,2000 FERGUS PALI S, MN' Otter Tail County Broad of Adjusters Otter Tail County Court House Fergus Falls, MN 56537 RE: Variance Application Ruth and Jeffrey Gallagher, Eagle Lake, Otter Tail County Dear Chairperson: After reviewing the above variance application, it is not apparent to me that the condition necessary for a hardship exists in order to grant this variance. This is significant expansion of a non-conforming condition. Therefore, this office is suggesting careful consideration of the requirements for a demonstrated hardship in your decision. Thank you for your consideration of these comments. Sincerely, ~feAA£'yy'^ Terrence R. Lejcher Area Hydrologist Larry Kramka, Regional Hydrologistc: A 9 vfsAO?* DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste July 13, 2000 Page 4 (Shaw - Continued) The property is described as part of Government Lot 6, Section 25 of Dead Lake Township by Dead Lake. A letter from the Minnesota Pollution Control Agency requesting that the Board of Adjustment consider denying the applicant’s request was read for the record. A letter from Terry Lejcher, Area Hydrologist with the Minnesota Department of Natural Resources, noting that he was not aware of any hardship unique to this property that would allow for the granting of the variance as requested and supporting denial of 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 David Holmgren, second by Steve Schierer and unanimously carried, to deny the variance as requested noting that the abatement order had been issued approximately 3 years ago, siting the two letters and noting that no adequate hardship had been shown. State of Minnesota - Glendalough State Park - Tabled per request. State of Minnesota, Glendalough State Park, Battle Lake, MN, requested a variance to locate a covered wildlife/waterfowl observation platform for public use 10’ from Lake Emma in Glendalough State Park. A location farther from the lakeshore would adversely affect the function of the platform and require additional removal of trees to create a suitable viewshed. A roof is required to provide protection from the weather for observers using binoculars, spotting scopes, and photographic equipment. This platform is identified in the Glenda|ough State Park Interpretive Plan and was reviewed and approved by the Glendalough Citizens Advisory Board. The property is described as Government Lots 1, 2, 3, and 7, Section 18 of Girard Township by Lake Emma. The audience was polled with no one speaking for or against the request. Jeff Wiersma, Park Manager, contacted the office prior to the meeting to request the tabling of his application for Glendalough State Park until the August 3, 2000 meeting,of the Board of Adjustment. After consideration, motion was made by David Holmgren, second by Robert Schwartz and unanimously carried, to table the applicant request uhtil the August 3, 2000 meeting with the condition that a letter requesting this action must be received on or before August 3, 2000, otherwise this variance as requested should be considered denied. Ruth and Jeffery Gallagher-Approved with condition. Ruth and Jeffery Gallagher, Montevideo, MN, requested a variance of 53’ from the required ordinary high water level setback of 75’ for an addition to an existing dwelling 22’ from the ordinary high water level. The property is described as part of Government Lot 4, Section 15 of Eagle Lake Township by Eagle Lake. The applicant’s contractor appeared along with the applicants at the public hearing. The contractor explained how the septic system would be installed. A letter from Terry Lejcher, Area Hydrologist with the Minnesota Department of Natural Resources, noting that the applicants’ request is a significant expansion of a non-conforming condition, the condition necessary for hardship does not appear to exist, and requesting the Board to carefully consider the requirements for a demonstrated hardship was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by David Holmgren, second by Robert Schwartz and unanimously carried, to approve a variance of 53’ from the required ordinary high water level setback of 75’ for an addition to an existing dwelling 22’ from the ordinary high water level with the condition that the proposed addition can be no closer to the ordinary high water level than the existing structure. It was noted that the applicants’ proposed project will eliminate the existing cabin to the south, would make a substantial improvement to the applicants’ property and will provide the applicants with a reasonable use of their property. Hardship is the terrain of the applicants’ lot, which prevents placing a structure.further back from the ordinary high water level. / Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Ruth and Jeffery Gallagher 406 S 10"’St Montevideo, MN 56265 has made application to the Otter Tail County, Board of Adjustment for a variance as per requirements of the Otter Tail County Shbreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on ! Thursday, July 13, 2000, 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, Fire# W612 Section 15, Township 131, Range 40 - Township Name - Eagle Lake Lake No. 56-253, Lake Name - Eagle, Class - GD The variance requested is: a variance of 53’ from the required ordinary high water level setback of 75’ for an addition to an existing dwelling 22’ from the ordinary high water level. Board o^djustment SecretaryDate: June 16, 2000 '•. • OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Taii) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 19th, day of June, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Ruth and Jeffery Gaiiagher, 406 S. 10**' St., Montevideo, MN 56265 Mabeth Jenson, Eagle Lake Twp Clerk, RR 1 Box 199, Ashby, MN 56309 Diane Aasen, Eagie Lake Assoc., RR 1 Box 1618, Batite 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 Faiis, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Cierk Board of Adjustment:i.' !David H. Hoimgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Roiiins Beach Tris, Fergus Faiis, MN 56537 Cecii B. Femling, 13 6th St. NE, Peiican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, RR 1 Box 4, Wadena, MN 56482 Mark Steuart, RR 1 Box 82, Richville, MN 56576 by placing a true and correct copy thereof in a seaied 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: June 19th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud