HomeMy WebLinkAbout17000200253003_Variances_11-03-1994APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA Receipt No. /IQCoHiy
45.00Application Fee S _ 218-493-4308ARNOLD . & JANICE . LYNN JANICE
NESS M./GOERGER\FRIE0RICH R.Phono; 701-281-0890Owner;____________
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901 6TH STREET W.
FM s&syyBARNESVILLE
WEST FARGO
MN
NO 58078
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1754 & 1756Legal Description;
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Parcel Number 170-00 Z.OO 2-5"3 ooz^ k. lla<:?o ^n^S'3C)C23R R n
VARIANCE REQUESTED IS:
less than 75 feet from the lake.
To locate septic tanks less than 10 feet from all buildings and
Both lots have a well which both owners wish to keep. The proposed location for the
However, due to size restrictionsseptic tanks will be at least 50 feet from both wells,
of the lots, it is not possible to locate the septics 50 feet from all wells and 75 feet
We feel this is the best possible locationfrom the lake and 10 feet from all buildings.
given the lot restrictions.
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In order to properly evaluate the situation, please provide as much supplementary Information as possible, such as; maps, plans.
Information about surrounding property, etc. APPUCANT SHAU BE PRESENT AT THE SCHEDULED HEARING.
I understand that 1 have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tall
County.
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Application dated 19
//- 3 19 Time;,IP MDate of hearing: _____
MOTION AS FOLLOWS:
Notion was made b/ Craig Anderson, seconded by CSrl Johnson and unanimousi^ carried, toN
table the variance request: tintll the December 2rid, 1994, Board of Adjustment meeting to.^
allow the applicants an opportunity to discuss possible alternatives with the.Land andd*
Resource office. . .
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Otf«r TbH County BoBfd of AdfuatmantAPermltfa) from Land t Raaourxra Ua/nement
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required:YES NO
mallad copy of Application to Applicant.(0§t9/UUtl%/)
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The Land and Resource Department and the applicants, due to a misunderstanding as to which
party was going to make the contact, did not meet to discuss possible alternatives prior to
the December 1st, 1994, Board of Adjustment meeting. It was decided by general consent
that prior to the next scheduled meeting the Land and Resource Department would meet with
the Health Department to discuss possible alternatives and that the Land and Resource
Department would make a report to the Board of Adjustment at the next scheduled meeting and
that the applicants would not need to attend any additional meeting to discuss this
variance request.
February 8th, 1995 Heeting.
The Land and Resource Department reported that they have not yet received a response to
their inquiry from the Minnesota Department of Public Health.
At the July 6th, 1995, meeting the Board of Adjustment was informed that George Hausske,
Land and Resource Department, had met and discussed this variance request with Hr. Hark
Ronning, a consultant to the Otter Tail County Public Health Department, and that it was
the opinion of Hr. Ronning that the provisions of Rule 7080 should be followed by the
applicants when replacing a septic system.
After consideration, motion was made by Craig Anderson, seconded by Randall Hann and
unanimously carried, to instruct the County Auditor to advise the applicants that they must
meet with the State Department of Public Health no later than August 1st,1995, to discuss
the applicant's plan as submitted in the variance application and to review any possible
alternatives.
Auditor's office no later than August 2nd, 1995, for consideration at the Board of
Adjustment meeting scheduled for Thursday, August 3rd, 1995.
meeting did not occur and if a report was not submitted for consideration by the Board the
variance request would be denied.
In addition, a report of that meeting must be submitted to the County
It was noted that if this
notion was made by Craig Anderson, seconded by John Everts and unanimously carried, to
approve the placement of two 4' by 12' holding tanka at least 3' from each building with
the condition that the applicants sign a statement acknowledging that they have been made
of the setback requirements, the risk of property damage due to maintenance of the
tanks, the concerns regarding public health and that the applicants release Otter Tail
County from any and all liabilities arising from the placement of the holding tanks in the
approved locations.
aware
Hardship being grossly substandard lots.
OTTER TAIL COUNTY
Office of the County Auditor
Phone 218-739-2271
121 W. Junius Ave.
Fergus Falls, MN 56537
November 11th, 1994
Janice R. Friedrich
Lynn Goerger
901 6th Street W.
West Fargo, NO 53078
Dear Janice Friedrich and Lynn Goerger,
Your variance request, which was tabled at the November 3rd, 1994,
Board of Adjustment meeting, has been rescheduled for the December
1st, 1994, meeting. I have enclosed a copy of the December 1st, 1994,
agenda for your information.
If you should no longer require a variance or if this date and time is
not convenient please notify the County Auditor's office prior to the
December 1st, 1994, meeting.
If you should have any questions please feel free to contact me.
Thank you very much.
Sincerely,
Wayne Stein
County Auditor
OTTER TAIL COUNTY
Office of the County Auditor
Phone 218-739-2271
121 W. Junius Ave.
Fergus Falls, MN 56537
July 7th, 1995
Lynn Goerger
901 6th Street W.
West Fargo, ND 58078
Application for Variance Dated September 23rd, 1934.RE:
Dear Mr. Goerger,
On Thursday, July 6th, 1995, the Otter Tail County Board of Adjustment received a report,
from the Land and Resource Department, regarding a meeting that was held with Mark Ronning,
Consultant to the Otter Tail County Public Health Department, regarding your variance
application.
It was stated that Mr. Ronning was not in favor of your variance application and it was his
opinion that the provisions of Chapter 7080 should be followed when a septic system is
maintained or replaced.
The Board of Adjustment took this information under consideration and after a general
discussion the following motion was adopted:
Motion by Craig Anderson, seconded by Randall Mann and unanimously carried, to instruct
the County Auditor to advise the applicants that they must meet with the State
Department of Public Health no later than August 1st, 1995, to discuss the applicant's
plan as submitted in the variance application and to review any possible alternatives.
In addition, a report of that meeting must be submitted to the County Auditor’s office
no later thna August 2nd, 1995, for consideration at the Board of Adjustment meeting
scheduled for Thursday, August 3rd, 1995.
The local branch of the State Health Department can be reached at:
Mr. Jeff Grugel
Minnesota Department of Health
4A East Drive
Fergus Falls, Mn 56537
Telephone Number - (218) 739-7585
\ If you should have any questions please feel free to contact me.Thank you very much.
Sincerely,
uo.
? SteinWayne
County Auditor
MIHUTES OF THE WEETIHG
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Novenber 3rd, 1994
The Otter Tail County Board of Adjustment met Thursday, November 3rd, 1994, vith the
following persons in attendance:
Craig Anderson
John Everts
Cecil Femling
Carl T. Johnson
Randall Mann
George Walter
Kyle Westergard, Land and Resource Management
Kurt Mortenson, Assistant County Attorney
CALL TO ORDER - The meeting was called to order at 7:00 p.m. by Chairman George Walter.
MIHUTES APPROVED - October 13th, 1994
Hearing no corrections or additions the minutes of the October 13th, 1994 meeting were
declared approved as mailed.
The following variance requests were heard:
Karen G. O'Keeffe - Approved
Karen G. O'Keeffe, Fargo, HD, requested a variance of 6' from the required side lot line
setback of 10' for the addition of a 12' by 24' carport to an existing garage 4' from the
side lot line. The property is described as the most westerly Lot 7, Block 2, Pelican
Point and vacated road adjacent. Pelican Lake in Dunn Township. The audience was polled
with no one speaking for or against the request. After consideration, motion was made by
Carl Johnson, seconded by Cecil Femling and carried with John Everts voting no, to approve
a variance of 6' from the required side lot line setback of 10' for the addition of a 12'
by 24' carport to an existing garage 4' from the side lot line vith the condition that the
existing garage cannot be converted to a second dwelling. It was noted that the carport
will be no closer to the side lot line than the existing garage.
Dean Michael Lilja - Approved
Dean Michael Lilja, Ottertail, MN, requested a variance of 5' from the required ordinary
high water level setback of 75' for a 5' by 15' addition to the side of an existing
structure 70' from the ordinary high water level. The property is described as Lot 10,
Block 1, Echo Ranch Riviera First Addition, Otter Tail Lake in Otter Tail Township. The
audience was polled with no one speaking for or against the request. After consideration,
motion was made by Craig Anderson, seconded by John Everts and unanimously carried, to
approve a variance of 5' from the required ordinary high water level setback of 75' foi c
5' by 15' addition to the side of an existing structure 70' from the ordinary high water level. It was noted that the addition will be no closer to the ordinary high water level
than the existing structure and that the structure on this parcel was in compliance at the
time of the original construction.
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Page 2
November 3rd, 1994
Ronald Tobkln and Mac Tobkin - Approved
Ronald Tobkin and Mac Tobkln, Perham, MN, re-quested a variance to subdivide Lot Block
1, Lazy Acres, into three tracts. Tract A vould have 4,369 square feet and vould be
attached to Lot 2, Block l,.Lezy Acres. Tract B would have 42,160 square feet of area and
155' of water frontage and Tract C would have 39,300 square feet of area and 155' of water
frontage. The minimum water frontage and lot area for platted lots on a general
development lake is 100' of water frontage and 20,000 square feet. The property is
described as Lot 3, Block 1, Lazy Acres, Marion Lake in Rush Lake Township. The applicant
was represented by David Guedna at the hearing. The audience was polled with no one
speaking for or against the request. After consideration, motion was made by Craig
Anderson, seconded by Cecil Femling and unanimously carried, to approve subdiuiding Lot 3,
Block 1, Lazy Acres into three tracts as depicted on the registered survey prepared by Roy
Smith and dated September 21st, 1994. It was noted that all three tracts are serviced by
a dedicated public road and Tracts B and C meet the minimum requirements for platted lots
on a general development lake. It was noted that the hardship was created by an error in
the original survey.
Gerald P. Bommersbach - Approved
Gerald P. Bommersbach, Wahpeton, ND, requested a variance of 50' from the required
ordinary high water level setback of 100' for a 7' by 6' addition to an eHisting porch 50'
from the ordinary high water level. The addition would extend the porch out even with the
front of the cabin. The property is described as Lot 3 of Madsen's Survey Lots of
Government Lot 1 and 2, Section 13 of Amor Township on Walker Lake. The audience was
polled with no one speaking for or against the request. After consideration, motion was
made by John Everts, seconded by Craig Anderson and unanimously carried, to approve a
variance of 50' from the required ordinary high water level setback of 100' for a 7' by 8'
addition to an existing porch 50' from the ordinary high water level. Hardship being a
substandard lot of record. It was noted that the addition would be no closer to the
ordinary high water level than the existing structure.
Arnold and Janice Ness, Lynn Goerger and Janice Friedrich - Tabled
Arnold and Janice Ness, Barnesville, MN, and Lynn Goerger and Janice Friedrich, West
Fargo, ND, requested a variance of 27' from the required ordinary high water level setback
of 75' for the location of two septic tanks 48' from the ordinary high water level, a
variance of 7' from the required structure setback of 10' for the location of a septic
tank 3' from the cabin located on Parcel C and a 10' variance from the required structure
setback of 10' for the location of a septic tank 0' from the cabin located on Parcel B.
The property is described as Parcels B and C of Government Lot 2, Section 20 of Dunn
Township on Lake Lizzie. The audience was not polled as there was no one in attendance.
After consideration, motion was made by Craig Anderson, seconded by Carl Johnson and
unanimously carried, to table the variance request until the December 2nd, 1994, Board of
Adjustment meeting to allow the applicants an opportunity to discuss possible alternatives
with the Land and Resource office.
DeniedDonald E. Searles
Donald E. Searles, Fergus Falls, MN, requested a variance of 2.5' from the required side
lot line setback of 10' for a 16' by 44' building addition, with an attached 26' by 28'
garage, to an existing dwelling 7.5' from the side lot line. The property is described as
Lots 10, 11 and 12, Sather Humphrey Ranch Camp, Ten Mile Lake in Tumuli Township. The
audience was polled with no one speaking for or against the request. After consideration,
motion was made by John Everts, seconded by Randall Mann and unanimously carried, to deny
the variance as requested as no adequate hardship had been shown. It was noted that with
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August 3rd, 1995
Page 9
Besett (Continued)
July 13th, 1995 Meeting - The audience vas polled with no one speaking for or against the
request. After consideration, motion vas made by Craig Anderson, seconded by Randall
Mann, to approve the variance as requested by the applicant. After additional discussion,
motion was made by Craig Anderson, seconded by George Walter and unanimously carried, to
table the variance request, until the August 3rd, 1995, Board of Adjustment meeting, to
allow an opportunity for all of the board members to view the applicant's property.
Besett (Continued)
August 3rd, 1995 Meeting - The audience was polled with Audrey Davis speaking in favor of
the applicant's request. After consideration and discussion, motion was made by Cecil
Femling, seconded by John Everts and unanimously carried,, to deny the variance as
requested as no adequate hardship had been shown.
Allen and Norma Braun - Approved
Allen and Norma Braun, Frazee, MN requested a variance that would permit Lot 2 of Sky Blue
Water Beach to remain as a separate lot instead of being combined with Lots 3 and 4 of Sky
Blue Water Beach. Lots 2, 3, and 4 are substandard contiguous lots which have been
combined for purposes of the Otter Tail County Shoreland Ordinance. The minimum lot size
requirement for platted lots on a recreational development lake is 49, 099 square feet of
area and 150' of water frontage and lot width. The property is described as Lots 2, 3,
and 4, Sky Blue Water Beach, Lake Siz in Hobart Township.
October 6th, 16)94 Meeting - The audience was polled with no one speaking for or against
the request. After consideration, motion was made by Craig Anderson, seconded by Carl
Johnson and unanimously carried, to table the variance request until the October 13th,
1994, meeting for additional information and clarification of the ordinance.
October 13th, 1994 Meeting - After much discussion and consideration, motion was made by
Craig Andersen, seconded by Cecil Femling and unanimously carried, to table the variance
request until July 1995 for additional information regarding a pending court case in
Hubbard County.
August 3rd, 1995 Meeting - After consideration and discussion, motion was made by Craig
Anderson, seconded by John Everts and unanimously carried, to allow a subdivision creating
two lots having a minimum area of at least 49,000 square feet and a minimum lot width and
lake frontage of at least 133'.
Arnold and Janice Ness, Lynn Goerger and Janice Friedrich - Tabled
Arnold and Janice Ness, Barnesville, MN, and Lynn Goerger and Janice Friedrich, West
Fargo, ND, requested a variance of 27' from the required ordinary high water level setback
of 75’ for the location of two septic tanks 48’ from the ordinary high water level, a
variance of 7’ from the required structure setback of 10' for the location of a septic
tank 3’ from the cabin located on Parcel C and a 19’ variance from the required structure
setback of 10’ for the location of a septic tank 0' from the cabin located on Parcel B.
The property is described as Parcels B and C of Government Lot 2, Section 29 of Dunn
Township on Lake Lizzie.
August 3rd, 1995
Page 10
Arnold and Janice Ness, Lynn Goerger and Janice Friedrich - (Continued)
On Thursday, July 6th, 1995, the Board of Adjust:nent took action requiring the applicants
to discuss with various officials the applicants' plans, to review other possible
alternatives and to submit a report of those discussions to the Board of Adjustment for
their consideration on August 3rd, 1995. The applicants were not able to complete the
requirements by Thursday, August 3rd, 1995, and requested an extension until the September
7th, 1995, meeting. After consideration, motion was made by George Walter, seconded by
Craig Anderson and unanimously carried, to grant the applicants the requested extension.
With no further business. Chairman Walter declared the meeting adjourned at 10 p. m.
rjJ.
n. SecretaryWayne
September 14th, 1995
Page 9
Arnold and Janice Ness, Lynn Goerger and Janice Friedrich - Approved
Arnold and Janice Ness, Barnesville, KN, and Lynn Goerger and Janice Friedrich, West
Fargo, NI>, requested a variance of 27' Irani the required ordinary high water level setback
of 75' for the location of two septic tanks 48' from the ordinary high water level, a
variance of 7' from the required structure setback of 13' for the location of a septic
tank 3' from the cabin located on Parcel C and a 10' variance from the required structure
setback of 10' for the location of a septic tank 0' from the cabin located on Parcel B.
The property is described as Parcels B and C of Government Lot 2, Section 23 of Dunn
Township on Lake Lizzie. The audience was not polled as there was no one in attendance at
the time of this hearing. After discussion and consideration, motion was made by Craig
Anderson, seconded by John Everts and unanimously carried, to approve the placement of two
4' by 12' holding tanks at least 3' from each building with the condition that the
applicants sign a statement acknowledging that they have been made aware of the setback
requirements, the risk of property damage due to maintenance of the tanks, the concerns
regarding public health and that the applicants release Otter Tail County from any and all
liabilities arising from the placement of the holding tanks in the approved locations.
Hardship being grossly substandard lots.
With no further business. Chairman Walter declared the meeting adjourned at 10:35 p.m.
Wayne St^n, Secretary