HomeMy WebLinkAbout17000060076001_Variances_03-30-2000^.^0 •2000
8G2091 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
8G20S1I hereby certify that
this instrument # _
was filed/recorded in this office
for record^n the day of
2000 at 2.’<-lSam^^
'X. Metcalf, County Recorder
I recording fee 0
well certificate
Wendy
by;
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
ooCOMPLETE THIS APPLICATION IN BLACK INK /50Application Fee
Receipt Number
^ e I S~fha DAYTIME PHONE 3 S 9qPROPERTY OWNER (^/vi
____S'/~~In T)j5 P" ye?ADDRESS ^ /S'
LAKE NUMBER LAKE NAME /X i- k~ <3 LAKE CLASS D
TOWNSHIP /j’:? RANGE TOWNSHIP NAME D.£SECTION /<• >1 m
^<P(D 9,i^PARCEL NUMBER -ii-/- O OO -c> 6 - O 76 - /FIRE/LAKE I.D. NUMBER
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback X Structure Size____Sewage System____ Subdivision Cluster Misc.
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.
Ji - S- J><^ ^
DATE
APPLICANT MUST BE PRESENT AT THE HEArS^Sj
FEB - 7 2000
SIGNATURE OF PROPERTY OWNER
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
LAND & RESOURCE
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March-30r2000----------------
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^ 'QAOOOAccepted By Land & Resource
L & R Official/Date
t./io fmntahJbkj so, MOD TimeDate Of Hearing
Motion
Eulyn M. Feist - Approved with modification.
Motion was made by Cecil Femling to approve an addition to the rear of the existing structure with the condition that a
20’ separation from the drain field must be maintained. This motion died for lack of a second. After additional
consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve an
addition to an existing structure being no closer to the ordinary high water level then 37.5’ noting that this will keep the
addition out of the shore impact zone, will allow the applicant the opportunity to connect two existing structures and
will provide a reasonable use of the applicant’s property. Hardship is the small size of the applicants’ property.
County Board of AdjustmeftK..^
Permit) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
L R Official/Date
bk 0198-001
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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.
APPLICANTDATED
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1^"^ & MCH
RECEIVED
FEB - 7 2000
FORMLTRS/6 ODAYACK
LAND & RESOURCE
FIELD IHVESTIGATIOH REPORT
i
MATURE OF VIOLATIOH!HEASUREMEHTSi
A. Grade/Fill Project A. Setback Distances
01^ Ft
9- Ft
J/B. Building Project Lake/Rlver
C.Sevage Disposal Road Right-Of-Way
/d^Ft & FtD. Other'(Describe)Lotllnes
E.None Elevation Ft
Photooraohs;B. Size
Bldg/Area -VNunber Taken Ft X Ft =Sq Ft
Max. Depth of Cut Ft
\Max. Depth of Fill Ft
SKETCH;
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INVESTIGATED BY:TINE:DATE:
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March 30, 2000
Page i
Eulyn M. Feist-Approved with modification.
Eulyn M Feist, Fargo, ND, requested a variance of 43’ from the required ordinary high water level
setback of 75’ and a variance of 5.5’ from the required shore impact zone setback of 37.5’ for the
placement of an addition 32’ from the ordinary high water level. The property is described as part of
Government Lot 3, Section 6 of Dunn Township by Pelican Lake. The audience was polled with no one
speaking for or against the request. After consideration, motion was made by Cecil Femling to approve
an addition to the rear of the existing structure with the condition that a 20’ separation from the drain
field must be maintained. This motion died for lack of a second. After additional consideration, motion
was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve an
addition to an existing structure being no closer to the ordinary high water level then 37.5’ noting that
this will keep the addition out of the shore impact zone, will allow the applicant the opportunity to
connect two existing structures and will provide a reasonable use of the applicant’s property. Hardship
is the small size of the applicants’ property.
Kathleen R. Wright - Denied
Kathleen R. Wright, Valley City, ND, requested a variance “to allow fair use of a substandard lot.” The
variance needed is for the placement of an existing cabin with new construction less than 100’ from the
ordinary high water level and ahead of the existing building line. From the drawing it appears that the
existing cabin and new construction is approximately 63 to 67’ from the ordinary high water level. The
property is described as Lot 11 and the west half of Lot 12, Heaton’s Resort and Parcel H of
Government Lot 8, Section 2 of Sverdrup Township by East Lost Lake. James Wright, the applicant’s
son, appeared along with the applicant at the public hearing. The audience was polled with Diana
Beebout, a neighbor and Sverdrup Township Clerk, speaking to the request. She did not oppose the
applicant’s addition, but was concerned with how the Board of Adjustment would address previous
request that had been considered by this board and how the board would address future requests
should the applicant’s request receive approval at this hearing. After consideration, motion was made
by Mark Steuart, second by Steve Schierer and unanimously carried, to deny the variance as requested
noting the following:
1. no adequate hardship had been shown,
2. a portion of the addition is ahead of the string line,
3. the site permit application was not complied with as it indicates an ordinary high water level
setback of the string line,
4. a well was enclosed by the addition, which is a violation of the Minnesota Well Code, and
5. the applicant must bring the structure into compliance with the requirements of the shoreland
management ordinance and with the provision of the site permit application by July 1,2000.
Jon and Darlene Gunderson - Tabled
Jon and Darlene Gunderson, Battle Lake, MN, request a variance which would allow residential
development on five back lots which are substandard by current ordinance requirements and which
were created after October of 1971 and before February of 1992. To restore these lots back to the
original residential use that was approved on August 10, 1976. The applicant has a home and garage
on Lot 22 that was build in 1997. The property is described as Lots 1 and 2, Block 1 and Lots 19, 20,
and 22, Block 2, Carr’s Subdivision, Walker and Otter Tail Lakes in Amor Township. An unsigned letter,
assumed to be from John Everts, 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 Cecil Femling and unanimously carried, to table this request until the April 6, 2000 meeting for a
report from Bill Kalar as to why these applicants were encouraged to reapply for a variance.
With no further business Chairman Mann declared the meeting adjourned at 10:35 p.m.
(J. ) ')l7rr-.
Wayne (^tein. Secretary