HomeMy WebLinkAbout18000990259000_Variances_04-07-2005Variances
2
Barcode 128
973945
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 9*7394^5
this instrument #I____________
was fiied/recorded in this officefor rec^d on the_/l__day of
2005 ati/5S^TOpm
Wendy L. tuietcalt County Recbi^r
cJ4l ^recording W
weli certificate
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 Tall County’s Website: www.co.ottertail.mn.us %
Application Fee
! 37COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
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-2 V\DAYTIME PHONE\ W YPROPERTY OWNER
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MAILING ADDRESS t &) hLAKE CLASSLAKE NAMELAKE NUMBER.
SECTION / 0
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RANGE ^ 0 TOWNSHIP NAMETOWNSHIP
E-911
ADDRESS
PARCEL
NUMBER
LEGAL DESCRIPTION^^ L- tLv\cic Ia
TYPE OF VARIANCE REQUESTED (Please Check)
Sewage System )X SubdivisionStructure Setback X! Structure Size Cluster Misc.
S) ^ a cKxi? ^SPECIFY VARIANCE REQUESTED
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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.
//,, y /-S
-n ____SIGNATURE OF>ROPERTY OWNER
- O
DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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Motion
Richard L Jibben - Approve the modified plan with conditions. (8:30 p.m.)
April 7, 2005 meeting - After discussion and consideration, Steve Schierer made a motion, second by Paul Larson
and unanimously carried, to approve a variance of 12’ 4” from the required ordinary high water level setback of 75’ for
the installation of a new foundation and for a roof over the proposed cabin as described and depicted in the
information submitted by the applicant on Thursday, April 7, 2005 with the condition that no more than 25% of the total
lot area can be covered with imper\'ious surfaces and with the condition that the development must be placed at least
20’ from the road rightzotiway and at least 10’ from the side lot lines.
CH^man/Otter Tail County Board of Adjustrp^nt
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
i/Aj
L R Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0903-001
315,694 ■ Victor Lundeen Co., Printers • Pergus Falls, Minnesota
April 7, 2005
Page # 4
Brent Folken - Denied (8:28 p.m.)
Brent Folken, part of Government Lot 3, Section 33 of Girard Township by West Battle Lake, requested the
following: I request a setback distance of zero feet from my property line and highway right-of-way for my
house and water oriented accessory structure as shown on the diagram submitted with the variance
application. This request is due to practical difficulties relating to the irregular shape of my lot resulting
from the extra 50’ of highway easement width next to my lot. This variance would accomplish the following:
1. Better placement on my property to minimize impact on the lake and 2. Provide larger area for my septic
system and drain field at a location further from the lake. August 12, 2004 Meeting - Randall Mann, Chair,
polled the audience with no one speaking for or against the variance as requested. A letter from the Otter
Tail County Highway Department in support of the variance as requested was read for the record. After
consideration and discussion, Randall Mann made a motion, seconded by Frank Lachowiber and
unanimously carried, to table the variance hearing per the applicant’s written request until the September 2,
2004. September 2, 20()4 Meeting - After consideration and discussion, Steve Schierer made a motion,
seconded by Michael Conlon and unanimously carried, to table this variance hearing per the applicant’s
written request until the October 7, 2004;meeting. October 7, 2004 meeting - After consideration and
discussion, Steve Schierer made a motion; seconded by Michael Conlon and unanimously carried, to table
this variance hearing.per the applicant’s written request until the November 4, 2004 meeting. November 4,
2004 meeting - After consideration and discussion, Steve Schierer made a motion, seconded by Randall
Mann and unanimously carried, to table4his variance hearing per the applicant’s written request until the
December ^, 2004 meeting. . December 2, 2004 meeting - After consideration and discussion, Michael
Conlon made a motion, seconded by Cecil Femling and unanimously carried, to table this variance hearing
per the applicant’s email request until the next regularly scheduled meeting of the Board of Adjustment.
April 7, 2005 meeting- After consideration and discussion, Paul Larson made a motion, second by Cedi
Femling and unanimously carried, to deny the variance as requested due to the failure of the applicant to
appear at the,hearing unless the applicant submits, on or before Thursday, April 14, 2005 a written request
to have his application tabled until the May 5, 2005 Board of Adjustment meeting.
Richard L Jibben - Approve the modified plan with conditions. (8:30 p.m.)
Richard L. Jibben, Lot 6 Evander Beach, Eagle Lake in Eagle Lake Tovynship, requested the following: (1)
the cabin currently has a front deck and is 62’ 8" from the ordinary high water level. I would like to raise the
cabin to have a walkout on the southwest corner. The new foundation would become the first story and the
original first story would become the second story. The project proposal also includes enclosing the front
and back openings of the original dwelling to square it off. I would like to attach a new garage and
construct a new roof over the original cabin and the two small enclosures. Part of the new roof would have
a loft. Some of this construction is less than 75’ from the ordinary high water level. Also; the deck would
be raised and would remain part of the second story. (2) The proposed attached garage will be less than
20’ from the existing drain field (about 1T -.12’). Randall Mann, Chair, polled the audience with no one
speaking for or against the variance as requested.A letter from Harvey and Marlene Pedersen in support
of the variance as requested was read for the record. April 7, 2005 meeting - After discussion and
consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve
a variance of 12' 4" from the required ordinary high water level setback of 75’ for the installation of a new
foundation and for a roof over the proposed cabin as described and depicted in the information submitted,;
by the applicant on Thursday, April 7, 2005 with the condition that no more than 25% of the total lot area
can be covered with impervious surfaces and with the condition that the development must be placed at
least 20’from the road right-of-way and at least 10’from the side lot lines.
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March 21, 2005
To whom it may concern:
We do not have any objections to the plans Richard Jibben has for
improving his property on Lot 6 of Evander Beach on Eagle Lake.
Harvey & Marlene Pedersen
37938 Eagle lake Loop
Battle Lake, MN 56515
Mailing address; 121 9* St North
Oakes, North Dakota 58474
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
SIOFirAveW
Fergus Falls, MN 56537
(218) 998-8030/998-8d41
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:
Richard L Jibben
37890 Eagle Lake Loop
Battle Lake, MN 56515
has made application to the Otter Tail County Board of Adjustrhent 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, March 31, 2005 at 6:30 p.m..
in the Cohnmissioners’ 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 heairing.
The property concerned in the application is legally described as
Lot 6 Evander Beach and land between Lot 6 and the lake,
Property Address - 37890 Eagle Lake Loop
Section 10, Township 131, Range 40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is-
the following: (1) The cabin currently has a front deck and is 62’ 8” from the ordinary high water level. I
would like to raise the cabin to have a walkout on the southwest corner. The new foundation would become
the first story and the original first story would become the second story. The project proposal also includes
enclosing the front and back openings of the original dwelling to square it off. I would like to attach a new
garage and construct a new roof over the original cabin and the two small enclosures. Part of the new roof
would have a loft. Some of this construction is less than 75’ from the ordinary high water level. Also the
deck would be raised and would remain part of the 2"'^ story. (2) The proposed attached garage will be less
than 20’ from the existing drain field (about IT- 12’) and will be less than 10’ from the road right-of-
way/propierty line.
Stein
Board of Adjustment Secretary
Date: March 4, 2005
i ■'MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNtY BOARD OF ADJUSTMENT
Thursday, March 31, 2005
The Otter Tail County Board of Adjustment met Thursday, March 31, 2005, with the following persons in
attendance:
Rod Boyer
Cecil Femling
Randall Mann
Mark Ronning, Land and Resource Management
Cherie Clark, Assistant County Attorney
Ryan Cheshire, Assistant County Attorney
Michael Conlon
Paul Larson
Steve Schierer
Chair and Vice Chair Selection-
Michael Conlon made a motion, second by Paul Larson and carried with Randall Mann and Steve Schierer
abstaining to select Randall Mann as Chair and Steve Schierer as Vice-Chair for the 2005-year.
Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at
6:30 p.m.
Minutes Approved -
Cecil Femling made a motion, second by. Steve Schierer and unanimously earned, to approve the minutes
of the December 1,2004 Board of Adjustment meeting as mailed and to change the June 3, 2004 Board of
Adjustment minutes to read as follows:
Paul Baker - Approved the variance as requested. (7:53 p.m.)
Paul Baker, part of Government Lot 6, Section 16 of Candor Township by Leek Lake, requested a variance
of 9’ from the required road Hght-of-way setback of 20’ and a variance of 26’ from the required ordinary
high water level setback of 100’ for the placement of a 24’ by 48’ cabin 11 ’ from the road right-of-way and
74' from the ordinary high water level. Chairman Mann polled the audience with Mary Ann Dorhbusch-
Mingo addressing the location of an existing shed. After discussion and consideration, Cecil Femling
made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 9' from the
required road right-of-way setback of 20’ and a variance of 26’ from the required ordinary high water level
setback of 100’ for the placement of a 24’ by 48’ cabin 11’ from the road right-of-way and 74’ from the
ordinary high water level. Hardship is a substandard lot of record.
The Board of Adjustment considered the following applications for variance:
Richard L Jibben - Tabled (6:30 p.m.)
Richard L. Jibben, Lot 6 Evander Beach, Eagle Lake in Eagle Lake Township, requested the following: (T)
the cabin currently has a front deck and is 62’ 8" from the ordinary high water level. I would like to raise the
cabin to have a walkout on the southwest corner. The new foundation would become the first story and the
original first story would become the second story. The project proposal also includes enclosing the front
and back openings of the original dwelling to square it off. 1 would like to attach a new garage and
construct a new roof over the original cabin and the two small enclosures. Part of the new roof would have
a loft. Some of this construction is less than 75’ from the ordinary high water level. Also, the deck would
be raised and would remain part of the second story. (2) The proposed attached garage will be less than
20’ from the existing drain field (about IT- 12’). Randall Mann, Chair, polled the audience with no one
speaking for or against the variance as requested. A letter from Harvey and Marlene Pedersen in support
of the variance as requested was read for the record.
March 31, 2005
Page # 2
/ Richard L Jibben - Tabled (6:30 p.m.)'- Continued.
After consideration and discussion, Paul Larson made a motion, second by Steve Sphiererto approve the
proposed development being no closer to the lake then what the application of the general building line
. would allow with the following conditions: 1) there can be no second story deck, 2) no variance will be
granted from the required septic system setbacks, 3) the required side lot line and road right-of-way
setbacks must be met, and 4) no more than 25% of the total lot area can be covered with impervious
surfaces. After additional consideration and discussion Paul Larson and Steve Schierer withdrew there
motion. Steve Schierer then made a riibtion, second by Paul Larson and unanimously carried; with the .
verbal permission of the application, to table this request until the April 7, 2005 Board of Adjustment
meeting to allow the applicant an opportunity to consider the impact of the previous motion and to have an
opportunity to consider revising his proposed development plans.
Jeffrey W. Tigges - Approved with a condition. (6:56 p.m.)
Jeffrey W. Tigges, Lot 7 Silver Shores and Silver Shores Second Addition, Silver Lake in Everts Township,
requested a variance from the required ordinary high water level setback of 100' for the construction of an
addition to, and ,a renovation of my existing cabin. The Board approved the addition on December 4, 2004.
This application is“specifically for the renovations to the cabin. Renovations to include: 1) removal of
portions of roof and changing the ridge direction; 2) foundation work to include modifications necessary for
construction, as well as, repair or replacement of substandard conditions. This may at worst case include
replacement of the entire foundation-. Ail work will be within the current footprint of the building. Current
building is approximately 45’from the lake. The required setback is 100’. Randall Mann, Chair, polled the
audience with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve
the proposed development as depicted in the drawings submitted with the variance application with the
condition that the proposed development can be no closer to the ordinary high water level then what would
be allow when applying the general building line from the dwelling (house) on the adjacent property to the
south to the second dwelling (house) to the north. The Board noted that the applicant has room to move
the structure behind the general building line. After additional discussion and consideration, Paul Larson
made a motion, second by Michael Conlon and carried with Cecil Femling and Randall Mann voting ho, to
approve the proposed roof plan as submitted with the condition that the existing structure’s lake side’ and/or
side foundations cannot be alter/changed for this proposed project.
John and Wendy Lindlief-Approved as requested with a condition. (7:22 p.m.)
John and Wendy Lindlief, part of Government Lot 1, Section 23 of Girard Township by East Battle Lake,
requested a variance of 51 ’ from the required ordiriary high water level setback of 100’ for a proposed
addition 49’ from the ordinary high water level and a variance to replace an existing drain field with a new
mpurid type system going into the road right-of-way 5’. The rock bed for the drain field will be 10’ from
property line, but asking for absorption width of 3’ or 7’ from property line if needed. The required system
setback from the road right-of-way and/or property line is 10’. Randall Mann, Chair, polled.the.audience
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 variance as
requested and as depicted on the drawing dated February 7, 2005 with the condition that the applicants
obtain a letter of approval from the township concerning the drain field location. The drain field location is
probably the only good location for the system.
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 7th, day of March, 2005 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Richard L. Jibben, 37890 Eagle Lake Loop, Battle Lake, MN 56515
Richard L. Jibben, RR 3 Box 116, Canby, MN 56220-9107
Mabeth Jensen, Twp Clerk of Eagle Lake, 37121 County Highway 126, Ashby, MN 56309
Eagle Lake Assoc., Carol Bemis, PO Box 22, Battle Lake, MN 56515
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher, DNR 1509 1®‘ Ave N., 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 Roilins 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
Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236
Rod Boyer, 51127 E Wymer Lake Rd, Frazee, MN 56544
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 7th, 2005
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
\uiBy:
Vi Manderud
- S'‘Xhi,- •
V-'
’ Parcels Entered
Parcel
LINO U\KES MN 55014 214818000100061001 BONITA LESTO & LEE ACKERSON 898 MAIN ST
18000100061003 • EVANDER CEMETERY
BATTLE LAKE37914 EAGLE LAKE LOOP MN 5651518000100061004 WILLIAM T & PAMELA G LIESTER
• .«•
18000100061005 HARVEY T & MARLENE PEDERSEN OAKES ND 58474 1303121 9TH ST N ,
MN 56515 9537BATTLE U\KE18000100061900 EVERETT C & JANET M GILBERTSO 15617 385TH AVE
TSTEES OF REV LIVING TRUST
18000990255'900" ’ BENSON TST 5512 CAVENDISH CT PLANO TX 75093 4231
18000990257000 JOY A GAARSLAND ET AL MN 56303 05411224 WILDWOOD RD SAINT CLOUD
>■
37864 EAGLE LAKE LOOP BATTLE LAKE MN - 56515 956318000990258000 JUDITH L HEPPER
I
Wednesday, February 16, 2005 Page 1 of 2
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MN 56220 9107
V CANBY18000990259000 RICHARD L JIBBEN
RR 3 BOX 116
MONtEVIDEO3055 70TH ST SW MN 56265 400918000990260000 TIMOTHY & WAYNE BOTHUN
GOTHENBURG NE 69138 174118000990262000 GEORGE & CAROL SHACKLETON 1222 LAKEAVE
MINNEAPOLIS MN 55406 23343255 47THAVES18000990265000 KAULS TST
WEST SAINT PAUL MN 55118 20021134 CHEROKEE AVE18000990266000 PAUL T & LOIS ANN LARSEN
20196 RUNESTONE LN SW KENSINGTON MN 56343 814118000990267000 DAVID L & VICKI DANIELOWSKI
18000990269000 KEITH G EITREIM ET AL GARRETSON SD 57030 542324649 484TH AVE
PO BOX 128ATTN JASPER STATE BANK
Page 2 of 2Wednesday, February 16, 2005
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