HomeMy WebLinkAbout17000170236000_Variances_10-12-2000\o-n‘iocx>i
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # _87l
was filed/recorded in this office
for recwd on the _JH__day of
,2000 at
__recording fe^ well certificate
S71(i32
2_am/^r^
er
Wendy L. Metcalf,
by;^Beptrty
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271r£CEWEO
COMPLETE THIS APPLICATION IN BLACK INK
[‘^O-OOApplication Fee
PROPERTY OWNER E-. iJ \£-L^osl
ADDRESS 7.C.e>oi4 2Z\ . SLe^T-
LAKE NUMBERl5L> -noA/.,■& LAKE NAME L.A^e /FT?H
TOWNSHIP i5'l RANGE 4^ TOWNSHIP NAME POkIn)
PARCEL NUMBER t 7 O Z-5> CpOOO
Receipt Number
DAYTIME PHONE Z Ift
LAKE CLASS <3 P
SECTION__n
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FIRE / LAKE I.D. NUMBER ^ ?>U> Z-Z4-
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Legal Description Sect/Twn/Range 17
LEGAL DESCRIPTION
137 042PlatLot/Block 1.37 AC IN E'LY PT OF LOT 4Deeded 1.37 AC
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.
%-ooU SIGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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icial/DateAccepted By Land & Resource
'VJCjTimeDate Of Hearing
Motion
Jerry and Marjo Nelson - Denied
Motion was made by Cecil Femling, second by Frank Lachowitzer and unanimously carried, to deny the variance as
requested noting that in the opinion of the Board adequate area does exist for the placement of a structure that would
provide the applicant with a reasonable use of his property without the need for a variance.
Cnaiprfian/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
LR Official/Date
bk 0198-001
291.306 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota
OTC Board of Commissioners’ Minutes
November 19, 2002
Page 3
Approval of Remodeling Contracts
Motion by Lee, second by Block, and unanimously carried to authorize the Chair’s signature
to execute the following remodeling contracts for the Government Services building:
Johnson-Nelson Masonry, Inc., Ashby, MN
Grazzini Brothers and Company, Eagan, MN
Herzog Roofing, Inc., Detroit Lakes, MN
Nova Fire Protection LLC, Fargo, ND
Ellenson Caulking, Fargo, ND
Advance Elevator Company, Fargo, ND
DOW Acoustics, Inc., Detroit Lakes, MN
Multiple Concepts Interiors, Waite Park, MN
Comstock Construction Inc., Fergus Falls, MN
Red River Glazing, Inc, Fargo, ND
Williams Wallace Painting, Fergus Falls, MN
Planning Commission Recommendations
Preliminary Plat - “Elwill Beach Second Addition:
Motion by Froemming, second by Lee, and unanimously carried to approve the Preliminary
Plat known as “Elwill Beach Second Addition” consisting of 4 single family residential lots with
conditions as recommended by the Planning Commission. The property is described as Pt
GL 2 & Pt SWY4NEy4 (15.06 Ac) and Pt GL 1 & 2 (1.11 Ac), Section 5 of Girard Township;
Ethel Lake (56-193).
Conditional Use Permit - Boosalis Trust:
Motion by Lee, second by Nelson, and unanimously carried to approve a Conditional Use
Permit to regrade this site with conditions as recommended by the Planning Commission.
The property is described as Blyberg’s Point First Addition Lot 3 Block 1, Section 17 of Dunn
Township; Fish Lake (56-768).
Conditional Use Permit - Boosalis Trust:
Motion by Lee, second by Nelson, and unanimously carried to approve a Conditional Use
Permit to add fill to this property with conditions as recommended by the Planning
Commission. The property is described as Blyberg’s Point First Addition Lot 6 Block 1,
Section 17 of Dunn Township; Fish Lake (56-768).
Conditional Use Permit - Bass Bay Trust USA:
Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to allow importation of earth with conditions as recommended by the Planning
Commission. The property is described as Blyberg’s Point First Addition Lot 1 Block 1,
Section 17 of Dunn Township; Fish Lake (56-768).
Preliminary Plat & Conditional Use Permit - ‘‘Deer Stalker Retreat’YEvelyn Lepacek:
Motion by Mosher, second by Lee, and unanimously carried to deny the Preliminary Plat
known as “Deer Stalker Retreat” and to deny a Conditional Use Permit to service the plat as
recommended by the Planning Commission. The property is described as Pt of GL’s 1 & 2,
Section 26 of Tordenskjold Township (formerly Sleepy Hollow Resort); Stalker Lake (56-437).
Preliminary Plat & Conditional Use Permit - “Johnson Lake Subdivision’/Doris A. Johansen:
Motion by Mosher, second by Froemming, and unanimously carried to approve the
Preliminary Plat known as “Johnson Lake Subdivision” consisting of 14 single family
Planning Commission
November 13, 2002
Page 2
Motion: A motion by Estes, second by Schwartz to approve as presented, provided the
Land & Resource Office approves an erosion control plan (including ground cover).
Voting: All Members in favor, except Lachowitzer & Sha.
Boosalis Trust-Approved With A Condition:
A Conditional Use Permit Application to: Gus & Kari Boosalis respectfully request a
Conditional Use to allow adding fill to their property in excess of the allowable 300 cubic
yards. The proposal is to add approximately 1,200 cubic yards in areas to minimize
existing drainage swales and to reduce erosion issues. Silt fencing will be used until new
vegetation is established (attached detail is on file at L & R Mgt.). The property is
described as Blyberg’s Point First Addition Lot 6 BIk 1, Section 17 of Dunn Township;
Fish Lake (56-768), GD.
HR Lund spoke in favor, stating that the project will have very little impact.
Dana Tomlinson (contractor) represented the Application.
Motion: A motion by Boyer, second by Lachowitzer to approve as presented, provided
the Land & Resource Office approves an erosion control plan (including ground cover).
Voting: All Members in favor, except Sha.
Bass Bay Trust USA - Approved With A Condition:
A Conditional Use Permit Application to: The Nelsons request a Conditional Use to allow
the importation of earth in excess of the permitted 300 cubic yards. Insufficient quantity
and quality of soils from the excavation of their new home has resulted in the need to
import 2,100 cubic yards of earth to complete the needed grading. Silt fencing is being
used at the perimeter of the work area and will remain until vegetation is established.
The property is described as Blyberg’s Point First Addition Lot 1 BIk 1, Section 17 of
Dunn Township; Fish Lake (56-768), GD.
Janet Lund spoke in favor, stating that these beautiful homes need good landscaping.
Dana Tomlinson (contractor) represented the Application.
Motion: A motion by Estes, second by Schwartz to approve as presented, provided the
Land & Resource Office approves an erosion control plan (including ground cover).
Voting: All Members in favor.
Break: At 7:20 P.M., the Commission took a 10 minute break since they were ahead of
schedule.
“Deer Stalker Retreat” / Evelyn Lepacek - Denied:
A Preliminary Plat of "Deer Stalker Retreat” consisting of 7 Single Family Residential
Lots, 1 BIk and a Conditional Use Permit Application to construct approximately 1300’ of
roadway within the proposed plat. Roadway will be built according to Township & County
specs. The property is described as Pt of GL’s 1 & 2, Section 26 of Tordenskjold
Township (formerly Sleepy Hollow Resort); Stalker Lake (56-437), RD.
Charlene Helgeson had questions regarding the approximate value of the lots. Connie
Erlandson had questions regarding the cleaning-our of the lakeshore.
Scott Sealy (Taylor Investment, Developer) represented the Application.
Page 4
October 12,2000
Jerry and Marjo Nelson - Denied
Jerry and Marjo Nelson, Pelican Rapids, MN, requested a variance of 40’ from the required ordinary high water
level setback of 75’ for the construction of a dwelling 35’ from the ordinary high water level. The property is
described as a 1.37-acre tract in Government Lot 4, Section 17 of Dunn Township by Bass and Fish Lakes.
October 5, 2000 meeting - Prior to the meeting Marjo Nelson submitted a letter requesting a 50’ setback
instead of a 35’ setback from the ordinary high water level for the proposed construction. Letters from Mark
Nyquist and Karie J. and Gus W. Boosalis in favor of the variance as requested were noted for the record. The
audience was not polled, as there was no one in the audience at the time of this hearing. After consideration,
motion was made by Randall Mann, second by David Holmgren and unanimously carried, to table the
applicants’ request until the October 12, 2000 meeting of the Board of Adjustment. October 12, 2000 meeting
- After additional discussion and consideration, motion was made by Cecil Femling, second by Frank
Lachowitzer and unanimously carried, to deny the variance as requested noting that in the opinion of the Board
adequate area does exist for the placement of a structure that would provide the applicant with a reasonable
use of his property without the need for a variance.
Roger and Rhonda Nelson - Approved as modified.
Roger and Rhonda Nelson, Fargo, ND, requested a variance to place our septic tank in the southwest corner
of our lake lot. This would be 35’ - 40’ from the lake, a few feet from the lake road and butted up to our
neighbor’s lot belonging to Harry Jackim, who has granted us permission. We also will be moving our well to
the other side of our cottage to insure more than a 50’ clearance between sewer and well. So we would need
a variance for our septic tank, since it would be closer than 50’ from the ordinary high water level. The
property is described as Lot 14, Nedberg-Nye Survey Lots of Government Lots 1, 2, and 3, Section 1 of Edna
Township by Devils Lake. September 7, 2000 meeting -The audience was polled with no one speaking for or
against the request. After discussion and consideration, motion was made by Mark Steuart, second by David
Holmgren and unanimously carried, with the verbal and written permission of the applicant (Roger), to table
this variance application until the October 5, 2000 meeting. The Board requested that the applicants meet with
the Township and with the neighbor to obtain letters approving the variances as requested. October 12, 2000
meeting - After consideration and discussion, motion was made by Randall Mann, second by David Holmgren
and unanimously carried, to approve the placement of a sealed holding tank 35’ from the ordinary high water
level with the condition that the applicants’ well and all wells on adjacent property must be at least 50’ from the
holding tank unless the applicants can obtain a variance from the Minnesota Department of Public Health.
With no further business Chairman Mann declared the meeting adjourned at 8:53 p.m.
Wayne SBein, Secretary
October 5, 2000
Page 4
Pamela Hovland - Approved
Pamela Hovland, Wilton, CT, requested a variance of 2’ from the required 10’ side lot line setback for the
replacement of existing basement block walls that are buckling due to soil conditions, insufficient drainage,
freezing and thawing. These walls will be replaced and proper drain tile and gravel will be installed along with
new footings in these areas. Also, requesting a variance of 27’ from the required ordinary high water level
setback of 75’ for the construction of a 10’ by 24’ screened in porch on the east side of the cabin being
approximately 48’ from the ordinary high water level. The property is described as Lot 10, South Lida Shores,
South Lida Lake in Maplewood Township. Bert Hovland represented the applicant at the public hearing. The
audience was polled with no one speaking for or against the request. After consideration, motion was made by
David Holmgren, second by Cecil Femling and unanimously carried, to approve a variance of 2’ from the
required 10’ side lot line setback for the replacement of an existing basement block wall 8’ from the side lot line
and a variance of 27’ from the required ordinary high water level setback of 75’ for the construction of a 10’ by
24’ screened -in porch being approximately 48’ from the ordinary high water level. It was noted that none of
the applicant’s proposed development would be any closer to the ordinary high water level than the existing
structure.
Kevin Pifer - Approved as requested.
Kevin Pifer, Fargo, ND, requested a variance T 2” from the required road right-of-way setback of 20’ for a
structure setback from the road right-of-way of 18’ 10”. The property is described as Lot 12, Fawn Oaks
Development, McDonald Lake in Edna Township. The applicant presented three letters, signed by a number of
individuals, in support of his variance application. The audience was polled with no one speaking for or against
the request. After consideration, motion was made by Frank Lachowitzer, second by Cecil Femling and carried
with Mark Steuart voting no, to approve a variance of T 2" from the required road right-of-way setback of 20’
for a structure setback of 18’ 10”. Hardship is a substandard lot of record.
Kathryn Forsgren - Approved with condition.
Kathryn Forsgren, Pelican Rapids, MN, requested a variance of 10’ from the required ordinary high water level
setback of 75’ for the replacement of an existing structure with a new structure being no closer to the lake than
the existing structure which is approximately 65’ from the ordinary high water level. It should be noted that an
existing boathouse and an existing out house would be removed. The property is described as Lot 10,
Forsgren’s First Addition - Outlet Beach, North Lida Lake in Lida Township. The audience was not polled, as
there was no one in the audience at the time of this hearing. After consideration, motion was made by Randall
Mann, second by David Holmgren and unanimously carried, to approve a variance of 10’ from the required
ordinary high water level setback of 75’ for the replacement of an existing structure with a new structure being
no closer to the lake than the existing structure, which is approximately 65’ from the ordinary high water level,
with the condition that before a site permit for the proposed new construction can be issued the existing
boathouse and the existing out house must be removed.
Jerry and Marjo Nelson - Tabled
Jerry and Marjo Nelson, Pelican Rapids, MN, requested a variance of 40’ from the required ordinary high water
level setback of 75’ for the construction of a dwelling 35’ from the ordinary high water level. The property is
described as a 1.37-acre tract in Government Lot 4, Section 17 of Dunn Township by Bass and Fish Lakes.
Prior to the meeting Marjo Nelson submitted a letter requesting a 50’ setback instead of a 35’ setback from the
ordinary high water level for the proposed construction. Letters from Mark Nyquist and Karie J. and Gus W.
Boosalis in favor of the variance as requested were noted for the record. The audience was not polled, as
there was no one in the audience at the time of this hearing. After consideration, motion was made by Randall
Mann, second by David Holmgren and unanimously carried, to table the applicants’ request until the October
12, 2000 meeting of the Board of Adjustment.
RECEIVED
OCT - 3 2000
LAND & RESOURCE
October 2, 2000
Land & Resource Management Office
Ottertail County Courthouse
121 W. Junius Ave. Suite 130
Fergus Falls, MN 56537
1.37 Acre tract in government Lot 4. Fire #E911
Address: 36224 Blyberg Drive, Blyberg Point
Section 17. Township 137, Range 42.
Township name: Dunn Lake #56-770/768.
Lake name: Bass & Fish, Class 6D.
RE:
Commissioners:
I’d like to revise the variance request. I’d like there to be a 25’ variance change
for the construction of the dwelling. Please change the request to 50’, instead of
75’, from the lakeshore on the above captioned point.
Sincerely,
Marjo Nelsibn
The DJR Group
212 Second Street SE
Suite 314, St. Anthony Main
Minneapolis, MN 55414
Phone: 612-362-0431
Fax:
Architects • Engineers • Planners
September 13, 2000 612 - 676 - 2796
Land and Resource Management Office, Otter Tail County
Otter Tail County Court House
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Re: Request for setback from lake for "That part of government Lot 4 in Section 17, Township 137 North
of Range 42 West of 5* PM according to the US Government Survey.’
Dear Commission Members,
Marjo E. Nelson, the owner of the lot as described above and on the accompanying exhibit which abuts
Lot 1 of Blyberg’s Point First Addition, respectfully request a variance from the lakefront setback
requirement of 75’. The requested setback would be to reduce the setback to 35’,
Becau.se of the peculiar nature of this lot, a triangular peninsula, the required setback would render this
site unbuildable. When considering the iieed to have the main house, garage, well, septic tank and
drainage tielJ, with the required .separation between these structures, all located within the .setback, there
is insufficient space available. Enclosed please Find a copy of the site plan with an example of how all of
the.se structures could be placed on tite site using a 35’ lakefront .setback.
If this variance were granted, it would not be contrary to the public interest, to the policies of the area,
damaging to the rights of other persons, nor adversely affect the property values of adjoining properties.
Therefore, Marjo Nelson respectfully requests that this variance be approved to allow for the
construction of a new lakefront home. Thank you for your consideration of this matter.
Sincerely yours.
4?000Dean J. Dovolis, Ai
Principal
Cc.: Marjo Nelson
File
Enc.: Legal Description, Preliminary Site Plan
cloc.p/djr-word'vvordi.locs/2(KX)AK).S03/lotters/0030.Sltl.cl()C
Minneapolis • San Francisco • Newport Beach
ARCHITECTURE PLANNING URBAN DESIGN
212 SECOND STREET SE
SUITE 314 ST. ANTHONY MAIN
MINNEAPOLIS.MN 55414
PHONE: 61 2.362.0431
FAX: 61 2.676.2796DJR
ARCHITECTURE INC.
DATE: 12-10-02
Attn.:
Re: Bass Lake Residenc4,-5V
JOB NO. 00303LETTER OF TRANSMITTAL
To: County of Otter Tail
Land and Resource Management
121 W Junius, Suite 130
Fergus Falls, MN 56537
WE ARE SENDING YOU □ Attached
I I Specifications | | Prints
I I Copy of Letter | | Change Order | | Other
ECEIVED
Fish Lake Residenc^^*7(> ?^ ^ ^ 2002
LAND & RESOURCE,[ I Under separate cover via mail %
I I Plans I I Samples | | Shop Drawini
COPIES DATE NO.DESCRIPTION
Revised site plans1 ea
-(0-o3
I I
(d 0 'i I v-' CVA
■- 1Cj^ 6 I ^ f O
( ( ^ \
COPY TO:
SIGNED:Scott England
doc.p/djr-word/worddocs/forms/DJR Transmittal.doc