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Home My WebLink About18000990370000_Variances_08-02-2001Variances 2 Barcode 128 0 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 886S3Q was filed/recorded in this office for recor^n the —^—^day of ^ 2001 at ^ If i<6cordingfee^' J well certificate 886630 by. THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, WIN 56537 (218) 739-2271 ***COWIPLETE THIS APPLICATION IN BLACK INK*** Application Fee Receipt Number (2L£e£S DAYTIME PHONE tZ/^~ 9C^*1-OSHPROPERTY OWNER ADDRESS 1801*7 ^4, €,/iaL£ LjC H-4. ^ [itJiir+U AS, Hthi S' LAKE NUMBER ^•S'3 LAKE NAME Lc. /^g SECTION / 5' TOWNSHIP / ? / RANGE 6‘iO TOWNSHIP NAME L*.K.< PARCEL NUMBER I BooO O 370 OOO LAKE CLASS FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size____Sewage System____Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED ,,I, ^e.-h i>Ac.l4 -ftnom (s N ^ Jl, COncr-*'t~* Sei- h* JTa ffr Ut'n.^ ^'V NO' ^ (y^ru^ee/i)'^;" J yyiA^t^ •** \{/lA. PtAYc4<Ai-eJ i*Y0fi-eri~'f 3 ^ S/Vt P^rm\fs V-i~k-t Xi $Ti Th-tY-t fna^AY'f^ aui UJAY-t froiUr*.s ^ TA< k\Cty*^ 'k ^rit< A. AAd Hov^ > f tn^ -e^t.roQcAr^’eM.t ^ diJUA / V 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. SIGNATURE OF PROPEkTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) August 2, 2001 Page 9 Accepted By Land & Resource TimeDate Of Hearing Motion Richard and Karen Bleess - Concrete apron approved with condition. Garage variance denied. Motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to approve, if needed, a variance which would allow the placement of a concrete apron up to the adjacent property line with the condition that written approval must be obtained from the affected property owner. Hardship is the terrain of the applicants’ property After additional discussion and consideration, motion was made by Cecil Femling, second by Richard Sha and unanimously carried, to deny a variance of 3’ 8” from the required side lot line setback of 10’ for the placement of a 12 by 24’ garage addition 6’ 4” from the east property line as no adequate hardship unique to the property had been shown, a reasonable use of the property did exist before the 12’ by 24’ garage addition was added and had a variance been requested prior to the construction of the addition it would not have been approved. The applicant’s must bring the garage into compliance with the setback requirements of the ordinance on or before November 1, 2001. CRairman/Otter Tail County Bo^ of Adjustment PeitmU(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No ^kloiCopy of Application Mailed to Applicant And the MN DNR LR Offlcial/Date bk 0198-001 291.306 • Vicioi Lundeen Co.. Primers • Fergus Falls. Minnesota L I3 anScale: ■.grid(s) equals Jnch(es) equalsfeet, or 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 Shoreiand Management Ordinance) Aft Bo Total Lot AreaTotal Impervious Surface Onsite (FT2) "A’ Cl (SO o i O # Signature Dated BK —0500 —029 304,678 ■ Victor Lundeen Co . Printers • Fergus Fells. MN ■ 1-800-346-4870 1. July 27,2001 RECEIVED OTTERTAILCO. AUDITOR JUL 3 0 2001Wayne Stein Board of Adjustment Secretary Otter Tail County Courthouse County Auditor’s Office 121 Junius Avenue West Room #220 Fergus Falls, MN 56537 FERGUS FALLS, MN' To Otter Tail County Board of Adjustment: We have received the request letter for a variance that Dick and Karen Bleess of Eagle Lake are requesting and would like the board to note the following: We are the neighbors directly east of the Bleess’s and it is our line that is in question. We have no problem the granting of a variance for the garage of 3.8 feet but would rather not see a variance of the entire 10 feet for the driveway and walkway of concrete as we will receive all water/snow run off on our property. We would also like the board to note that we only agree to the variance based on our lot line survey (copy enclosed). We had our property surveyed last November 2000 and that is the line we would like the board to use in its decision. Please note that at the present time we are in legal litigation with the Bleess’s over an encroachment of, at the maximum, 2.3 feet of driveway, parking area and walkway that they are refusing to have cut and removed. The Bleess’s were aware of the encroachment prior to their purchase of the property and did not have a survey to determine the lot line prior to their purchase. Therefore, please note that any variance Dick and Karen Bleess may be attempting to gain granted on property using anything other than the legal lot line (per the survey) will be challenged by us. We are planning to attend the hearing if you should have any further questions. Thank you. Judy and Ken Knudsen 1116 33'“ Street SE Buffalo, MN 55313 C: Gary Syverson, Atty at Law o ^'•J’ \ Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Richard and Karen Bleess 38067 S. Eagle Lake Rd Battle Lake, MN 56515 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, August 2, 2001, 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 Lot 2, Freise Beach, E911 Address - 38067 Eagle Lake Rd Fire # - 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 3’ 8” frorii the required side lot line setback of 10’ for the placement of a garage 6’ 4” from the east property line and a variance of 10’ from the required side lot line setback of 10’ for the placement of a concrete apron 0’ from the east property line. Date: July 13, 2001 Board on Adjustment Secretary ‘ August 2, 2001 Page 4 Richard and Karen Bleess - Concrete apron approved with condition. Garage variance denied. Richard and Karen Bleess, Battle Lake, MN, requested a variance of 3’ 8” from the required side lot line setback of 10’ for the placement of a garage 6’ 4” from, the east property line and a variance of 10’ from the required side lot line setback of 10’ for the placement of a concrete apron 0’ from the east property line. The property is described as Lot 2, Freise Beach, Eagle Lake in Eagle Lake Township. The audience was polled with Ken Kundsen expressing concerns with the location of the concrete apron and noting that he did not object to the location of the garage. Mr. Knudsen also presented a letter, which was not read at the hearing as he represented himself at the hearing. After consideration, motion was made by Randall Mann, second by Cecil Femling and unanimously carried, to approve, if needed, a variance which would allow the placement of a concrete apron up to the adjacent property line with the condition that written approval must be obtained from the affected property owner. Hardship is the terrain of the applicants’ property. After additional discussion and consideration, motion was made by Cecil Femling, second by Richard Sha and unanimously carried, tp deny a variance of 3’ 8” from the required side lot line setback of 10’ for the placement of a 12’ by 24’ garage addition 6’ 4” from the east property line as no adequate hardship unique to the property had been shown, a reasonable use of the property did exist before the 12’ by 24’ garage addition was added and had a variance been requested prior to the construction of the addition it would not have been approved. The applicant’s must bring the garage into compliance with the setback requirements of the ordinance on or before November 1, 2001. Al Johnson and Gerard Kranz - Approved with condition and as modified. Al Johnson and Gerard Kranz, Bloomington, MN, requested a variance of 110’ from the required ordinary high water level setback of 200’ and a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a 24’ by 30’ garage 90’ from the ordinary high water level and 10’ from the road right-of-way. The property is described as Lots 12, 13 and 14, Clear Beach Resort, Fish Lake in Aurdal Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by David Holmgren and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ and a variance of 15’ from the required road right-of-way setback of 20’ for the placement of a garage 100’ from the ordinary high water level and 5’ from the road right- of-way with the condition that the ingress and egress doors to the garage must be place at a right angle to the road and with the condition that a letter of approval from Aurdal Township must be obtained. Hardship is a substandard lot of record. Martin O and June N Hanson - Denied side lot line variance and approved ordinary high water level setback. Martin O and June N Hanson, Fargo, ND, requested a variance of 34’ from the required ordinary high water level setback of 75’ and a variance of 5’ from the required side lot line setback of 10’ for the placement of a 16’ by 20’ detached garage 4T from the ordinary high water level and 5’ from the north property line. The property is described as Lot 12, Block 1, Baker’s Addition to Sand Beach Park, Otter Tail Lake in Everts Township. The audience was not polled, as there was no one in attendance at the time of this hearing. After consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance of 34’ from the required ordinary high water level setback of 75’ and to deny a variance of 5’ from the required side lot line setback of 10’ for the placement of a 16’ by 20’ garage 4T from the ordinary high water level and at least 10’ from the property line. It was noted that the proposed garage would be no closer than the existing dwelling to the ordinary high water level. It should also be noted that the applicants cannot cover more than 25% of their total lot area with impervious surfaces. Hardship is a substandard lot of record. , December 13,2001 Page # 6 Other Business - Richard and Karen Bleess - District Court Appeal David Hauser, Otter Tail County Attorney, discussed with the Board of Adjustment members the status of the Richard and Karen Bleess variance appeal. Mr. Hauser reviewed two possible approaches to an out of court settlement. The Board of Adjustment indicated, by general consent,, to Mr. Hauser that they were not interested in reviewing or changing their decision as recorded in the August 2, 2001 Board of Adjustment minutes. The Board of Adjustment indicated that Mr. Hauser, County Attorney, should proceed with the appeal, as he deemed appropriate and should advise the County’s legal counsel accordingly. Errol Ernst - Reconsideration Pat Eckert, Land and Resource Department, informed the Board of Adjustment of Mr. Ernst request for the reconsideration of a previously acted upon variance application. Mr. Ernst request was originally heard and acted upon on Thursday, October 11, 2001. The Board of Adjustment, based on information from Mr. Ernst, modified his variance request. Mr. Ernst original request was for a variance of 10’ from the north and west property lines for the placement of a drain field 0’ from the side lot lines. The Board of Adjustment granted approval for the placement of a drain field 1.5’ from the west lot line, 2’ from the north lot line and 20’ from the trailer home. Mr. Ernst would like the Board of Adjustment to reconsider his original request. After discussion and consideration, the Board of Adjustment by general consent decided not to reconsider the variance request as originally submitted by Mr. Ernst. With no further business. Chairman Mann, declared the meeting adjourned at 9:28 p.m. uJ^ou(Sy\si ^ 1~p7^ Waynl^tein, Secretary