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HomeMy WebLinkAbout17000340398000_Variances_08-12-2004I * OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #----- was filed/recorded in this office 9G0486 for rec^ on the j K day of --------CUb^_2004 atIM well certificate Wen by: THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVEDCOUNTY 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 JUL 1 4 2004 LAND & RESOURCE 9.XO-Application Fee Ib'iHoSCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ?'^S'0 y PROPERTY OWNER A_______ MAILING ADDRESS O /A S T Scj LAKE NUMBER ^6 0 LAKE NAME //tj SECTION .3^/ TOWNSHIP /_T / RANGE yj2.LV TOWNSHIP NAME PARCEL NUMBER _____ DAYTIME PHONE^/.S 7S7 LAKE CLASS /2£) E-911 ADDRESS vl 3 sv xH 6>f c t y)i vVe A/Lt-i-TH ‘7^ /"e**:/- fc./-’ -2. o/ C CiA r^ ri, A V, ^7^ A/J LEGAL DESCRIPTION P/mils * d'i'E HHO-Od! /Mt ii k MfJr ■y ,2_ *L<> C (■ d t TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster Misc. X SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. X c 7- sy i c'//C\d - L fc /V J^C 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. /C' ' i //^tUAA /A/—____ ^ SIGNATURE OF PROPERTY OWNER 7-/DATE\ APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Hearing /ci?Time Motion David Souba - Approved as requested. (8:05 p.m.) After consideration and discussion, Cecil Femling made a motion, seconded by Frank Lachowitzer and unanimously carried to approve the variance as requested in the variance application and as depicted oh the registered surveyor’s drawing submitted with the application. The Board noted that no additional building sites are being created by the applicant’s proposal. lairmari/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X. No 77Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 0204-001 317,340 • Victor Lurtdecn Co., Primers « Fergus Falls, Minnesota received 1 4 2004 land & RESOURCE July 9, 2004 Land and Resource Board Otter Tail County Fergus Falls, MN RE: Variance request for lot line adjustment for property on Franklin Lake To whom it may concern: My name is David Souba. I own land and buildings on the east side of Franklin Lake in Otter Tail County. I am writing for myself and also on behalf of the owner of the lot adjacent to mine, Lloyd Dalen. As a result of several recent surveys Mr. Dalen and I discovered that the boundary between our properties was not where we had believed. While the actual difference is not great, both Mr. Dalen and myself would like to adjust the boundary line to reflect our current use of each of our respective properties. For instance, to the lakeside, Mr. Dalen owns and utilizes a WOS which, according to the current boundary line, actually lies completely within my lot. Similarly, at the rear of our lots, my bituminous driveway lies approximately 2.3 feet within Mr. Dalen’s lot. I have enclosed a copy of Certificate of Survey from Lake Region Surveying performed on 8-15-01 with a line, highlighted in yellow, showing the new lot line we are requesting. This new boundary would increase the lake frontage of the Dalen lot by approximately 18 feet and increase the roadside width of the Souba lot by approximately 15 feet. The area highlighted in blue would become part of the Dalen lot and the area highlighted in pink would become part of the Souba lot. The Dalen lot is approximately 75 feet at both the lakeside and rear of the lot. The Souba lot is approximately 115 feet at the lakeside, including “parcel B” which was acquired from Bruce and Delores Iserman in March 2002, and 75 feet at the rear of the lot. August 12, 2004 Page # 4 , David Souba - Approved as requested. (8:05 p.m.) David Souba, part of Sub Lot 2 of Government Lot 8, Section 34 of Dunn Township by Franklin Lake, requested the following: non-conforming lot size. My name is David Souba. I am writing for myself and on behalf of the owner of the lot adjacent to mine, Lloyd Dalen. Because of several recent surveys, it has been discovered that the boundary between our properties is not where we had believed. While the actual difference is not great, both Mr. Dalen and I would like to adjust the boundary line tp reflect our current use of each of our respective properties. For instance, to the lakeside, Mr. Dalen owns and utilizes a Water Oriented Accessory Structure, which, according to the current boundary line, actually lies completely within my lot. Similarly, at the rear of our lots, my bituminous driveway lies approximately 2.3' within Mr. Dalen’s lot. Enclosed with the applicant’s variance application is a copy of a Certificate of Survey with a line, highlighted in yellow, showing the new lot line we are requesting. This new boundary would increase the lake frontage of the Dalen lot by approximately 18’ and increase the roadside width of the Souba lot by approximately 15’. The area highlighted in blue would become part of the Dalen lot and the area highlighted in pink would become part of the Souba lot. The Dalen lot is approximately 75’ at both the lakeside and rear of the lot. The Souba lot is approximately 115' feet at the lakeside, including Parcel B, which was acquired from Bruce and Delores Iserman in March 2002, and 75’ at the rear of the lot. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After consideration and discussion, Cecil Femling made a motion, seconded by Frank Lachowitzer and unanimously carried to approve the variance as requested in the variance application and as depicted on the registered surveyor’s drawing submitted with the application. The Board noted that no additional building sites are being created by the applicant’s proposal. Lyle Cuhel - Denied. (8:13 p.m.) Lyle Cuhel, part of Government Lot 1, Section 15 of Elizabeth Township by Long Lake, requested a variance of 83’ from the required ordinary high water level setback of 100’ for an addition to an existing dwelling and for a second floor addition over the proposed first floor addition and over the existing dwelling located 17’ from the ordinary high water level. Randall Mann, Chair, polled the audience with Marian Bogenreif expressing concern that the lot might not be large enough to support the proposed development. After consideration and discussion, Cecil Femling made a motion, seconded by Frank Lachowitzer and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and there is adequate room to meet the required ordinary high water level setback. Douglas and Mary Geeslin - Approved as modified and with a condition. (8:25 p.m.) Douglas and Mary Geeslin, Lot 11 Sandy Shore Development, Otter Tail Lake in Everts Township, requested the following: The lot is within 1,000 feet of the lake, but it is less than 200’ wide. I request that the lot be declared buildable for residential purposes. Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested. A letter from Jean Cool and Betty Cook in opposition to the variance as requested was read for the record. A letter from Bruce and Nancy Monson in support of the variance as requested was read for the record. After consideration and discussion, Cecil Femling made a motion, seconded by Frank Lachowitzer and unanimously carried, to deny the variance as requested. After additional consideration and discussion, Paul Larson made a motion, seconded by Frank Lachowitzer and unanimously carried, to declare Lot 11 Sandy Shore Development, as a buildable lot for a non-dwelling structure with the condition that all other setback requirements must be met. I—J z a2 Uh laU Ml « *1^ ijemmi Iflri ■*r kt Ik if k> SMi i(LAKE REQON SURVEYING, INC. P.O. BOX 382. 47 N. BROADWAY PQJCAN RAPIDS. MMNESOTA S6572 PH. (218) 863-1106 HE vuamaK 0 0/owsRRWBHMTHBliir.UefaHWWD . (Mi \aooi\i s4-caMM\i84-cERr.*pf RECEIVED JUL 1 4 2004 LAND & RESOURCE 901898 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify this instrument # jo was filed/recorded in this office for record on the _ij^_day of -----------------------2002 at ^V^/4r^m Wendy L Metcalf, County RecqmEler— ^ .weii certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739 - 2271 COMPLETE THIS APPLICATION IN BLACK INK*** Application Fee $150.00 Receipt Number, Accepted By / Date, DAYTIME PHONE 701-683-4852Delores IsermanPROPERTY OWNER PO Box 146. Lisbon ND 58054ADDRESS 56-759 Franklin RDLAKE CLASSLAKE NAMELAKE NUMBER TOWNSHIP 137 RANGE 42 TOWNSHIP NAME DunnSECTION 34 E-911 Address 46371 Birch Grove Drive17000990440000PARCEL NUMBER LEGAL DESCRIPTION Lot 1 of First Addition to Birch Grove, in Government Lot 8,of Section 34, Township 137, Range 42 TYPE OF VARIANCE REQUESTED (Please Check) Misc.Subdivision X ClusterStructure Size Sewage SystemStructure Setback SPECIFY VARIANCE REQUESTED Permission is requested to convey a portion of our lake lot to David W. Souba and Claudia J. Souba, our neighbors to the South. The Souba lot is a small lot that sits at an angle to the lake and the deck and garage on the Souba property were mistakenly constructed in a way that encroaches upon our property. Attached are copies of two certificates of survey, one for our property and one for the Souba property. We intend to convey Parcel B to Soubas for permanent attachment to the Souba property. In the process, the front footage of the Souba property would be increased from approximately 76 feet to approximately 116 feet and the square footage of their property would be increased from approximately 17,500 square to approximately 22,100 square feet. At the same time, the front footage of our property will be reduced from approximately 206 feet to approximately 166 feet, and our square footage will be reduced from approximately 38,100 square feet to approximately 33,500 square feet. 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. V4^DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing)MAR - 7 200Z ///^J iSS-'OOfdu. 7 ■r V/ /, r-i i //(^ 0.d^J /,/"00 / /CU'C^ ^4 39 J' dl>0 39/- 00/ (/ 39S - ooo ^99 '0)00 9<0'd-O'D& /^/ —ono ^O.A ono 7ji'<:0 /^/T)o?l60^TimeDate Of Hearing // Motion Delores Iserman - Approved as requested. (7:50 p.m.) Motion was made by Steve Schierer, second by Bert Olson and unanimously carried, to approve the proposed subdivision as detailed in the application and as depicted on the certificate of survey submitted with the application. It was noted that the granting of this variance would clear up a property line issue. It was also noted that both properties are substandard lots of record and that neither property is negatively affected by this proposed subdivision. Chaifman/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 0501-001 305,391 • Victor Lundeen Cc.. Printers, Fergus Falls, MN • t-600-346-4670 April 11, 2002 Page # 4 Delores Iserman - Approved as requested. (7:50 p.m.) Delores Iserman, Lisbon, ND, requested a variance to convey a portion of our lake lot to David W. and Claudia J. Souba, our neighbors to the South. The Souba lot is a small lot that sits at an angle to the lake and the deck and garage on the Souba property were mistakenly constructed in a way that encroaches upon our property. We intend to convey Parcel B, as identified on the surveyor’s drawing on file with the County Auditor’s office, to Scubas for permanent attachment to their property. In the process, the front footage of the Souba property would be increased from approximately 76’ to approximately 116’ and the square footage of their property would be increase from approximately 17,500 square feet to approximately 22,100 square feet. At the same time, the front footage of our property will be reduced from approximiately 206’ to approximately 166’, and our square footage will be reduced from approximately 38,100 square feet to approximately 33,500 square feet. The property is described as Lot 1, First Addition to Birch Grove. Franklin Lake in Dunn Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Bert Olson and unanimously carried, to approve the proposed subdivision as detailed in the application and as depicted on the certificate of survey submitted with the application. It was noted that the granting of this variance would clear up a pi'operty line issue. It w'as also noted that both p'-operties a:'e substandard lots of record and that neither property is negatively affected by this proposed subdivision. Patrick L. and Florence H. Moriarty - Denied (7:57 p.m.) Patrick L and Florence H. Moriarty, Richville, MN, requested a variance of 94’ from the required ordinary high water level setback of 200’ for the placement of a dwelling 106’ from the ordinary high water level and 5’ ahead of the string line. It should be noted that only the west corner of the proposed structure would be ahead of the string line. The property is described as Lot 3, DeShane Beach, Dead Lake in Dead Lake Township. A letter from Barry Tanner in support of the variance as requested was read for the record. The applicants noted the following changes for the record: requesting a variance of 90’ from the required ordinary high water level setback of 200’ for the placement of the northwest corner of a proposed dwelling 110’ from the ordinary high water level, which would be 15’ ahead of the string line. The applicants also noted that the Northeast corner of the proposed dwelling is 105’ from the ordinary high water level, but that it is behind the string line. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Cecil Femling and carried with Steve Schierer, Paul Larson and Randall Mann voting no, to deny the variance as requested as there is adequate room to move the proposed structure back to a location which would be behind the string line. Those voting against the motion to deny noted that the applicants’ proposal placed the new structure significantly further from the lake than the existing mobile home. Darlene Kalenda - Denied - Compliance Date Changed to September 30, 2002. (8:20 p.m.) Darlene Kalenda. St. Francis, MN, requested the removal of the condition which was placed on the December 13, 2001 variance approval and a variance of 113’ from the required ordinary high water level setback of 200’ for the placement of a new roof on structure “E”, as identified on the applicant’s drawing, which is located 87’ from the ordinary high water level. It should be noted that on December 13, 2001 a variance was approved for the construction of a 30’ by 48’ storage structure with the condition that the existing machine shed, identified as structure “E” on the applicant’ drawing must be removed on or before June 1,2002. The property is described as part of Government Lot 12, Section 18 of Parkers Prairie Township by Nelson Lake. Don Bettram also appeared along with the applicant. A letter from Lloyd and Beverly Paulson in support of the applicant’s request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Mark Steuart and carried with Bert Olson abstaining, to deny the variance as requested, but to allow the applicant until September 30, 2002 for the removal of the structure identified as structure “E” on the applicant’s drawing. It was noted that within the original application the applicant stated that structure “E” would be removed if the previously approved variance request was granted and the removal of structure “E” was an important factor relative to the decision to grant the variance which was approved on December 13, 2001. April n, 2002 Page # 3 Marcia Munson - Approved with condition. (6:54 p.m.) Marcia Munson, Mankato, MN, requested a variance of 60’ from the required ordinary high \water level setback of 100’, a variance of 10’ from the required shore impact zone setback of 50’ and a variance of 13’ from the required road right-of-way setback of 20’ for a second floor addition 40’ from the ordinary' high water level and 7’ from the road right-of-way. Also requesting a variance of 8% from the maximum allowable impervious surface coverage of 25% for existing impervious surface coverage of 33%, The property is described as Lot 6, Block 2, Engstrom Beach, Big McDonald Lake in Edna Township. Bob Schmidt, Contractor, represented the applicant at the public hearing. The audience was not polled as their was no one in the audience at the time of this hearing. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve a variance of 60' from the required ordinary high water level setback of 100’, a variance of 10’ from the required shore impact zone setback of 50’ and a variance of 13’ from the required road right-of-way setback of 20’ for a second floor addition 40’ from the ordinary high water level and 7’ from the road right-of-way with the condition that no more than 25% of the total lot area can be covered with impervious surfaces after completion of the proposed project. Recess from 7:07 p.m. until 7:30 p.m. Christine Peeters - Approved with conditions. (7:30 p.m.) Christine Peeters, New York Mills, MN, requested a variance to subdivide a 2.6-acre parcel from an existing 34,90-acre parcel. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres. The property is described as part of the Northwest Quarter of the Northwest Quarter, Section 10 of Butler Township by the Red Eye River. John and Tony Peeters represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion v;as made by Cecil Femling, second by Steve Schierer and carried with Mark Steuart voting no, to approve the proposed subdivision with the condition that a register surveyor’s drawing must be provided at the time of conveyance and with the condition that all future subdivision of the remaining parcel must either be a least 5 acres or done through the platting process. Hardship is the CRP property and providing access to both parcels. Robert H. and Sharon A. Vipond - Approved with condition. (7:42 p.m.) Robert H. and Sharon A. Vipond, Battle Lake, MN, requested a variance of 40’ from the required ordinary high water level setback of 100’ for the construction of a 16’ by 20’ addition 60’ from the ordinary high water level. It should be noted that half of the proposed addition will be behind the string line and half will be ahead of the string line. The property is described as Lot 23, Madison Beach, Clitherall Lake in Clitherall Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Steve Schierer and unanimously carried, to approve a variance of 40’ from the required ordinary high water level setback of 100’ for the construction of a 16’ by 20’ addition 60’ from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with imperious surfaces. It was noted that the proposed addition would not obstruct the view from the neighboring properties as the existing house is already ahead of the string line and the existing house hides the proposed addition. CERTIFICATE OF SURVEY SUBLOT 2, GOVERNMENT LOT 8, SECTION 34. TOWNSHIP 137, RANGE 42 OTTER TAIL COUNTY. MN. i •- ■ - 7 m2 LEGAL DESCRIPTION The North 75 feel of Sublot 2, Government Lot 8, Section 34. Township 137, Ranqe 42. Otter Toil County. Minnesoto. Containing 17.537 square feet, more or less. Subject to the roadway and eosements of record, if any. I-j N 1 VICINITY MAP SECTION 34, TOWNSHIP 137. RANGE 42 2 40 0 40 FEETSCALE Scale: 1 Inch ■ 40 Feet IN Z 2 LEGEND • • DENOTES IRON MONUMENT FOUND O > IRON ROD SET AND MARKED WITH LAND SURVEYOR NO. 40827. GENERAL NOTES 1.) Beorings ore otsumed. NOT TO SCALE I atVf M M vwy, fte •d M i an • Sir Ucwwd lad a m If n a ada aji 0nd «saiMat tUwya ada t» d«i d S« M* d tAmpte. OJCKT’EVASIONS w ■■ aw ■K t S7LAKE REQfON 8URVEY1NQ, PA tOX MA 47 A MOAOWAY lUPSi. fltOTA, WCTS m tra) MS-noA INC.tUBLOT 2. QOVCfttWNT LOT •» •ECnOM S4, TOWNSH» 137. RANOC 42 OTTCR TAI. COUNTY. MMNE80TA DAW) 80U1A 2016 16TH 6T. 8. MOORHEAD. EM 68880 CERTIFICATE OF SURVEYMauaimtmr-m-mi EDw m/ / I"pWMW Mmno nci v^i\iS4-oo««NS«»«-ctirrd«t A '1 V ..J QOJOcT • -r;-?REVISIONS 'ri'ai:s--3C,'.5ri!r{i walk tm■K • —CERTIFICATE OF~"3£- LAKE REGION SURVEYING, INC. R.O. MX 9KL 47 H. BROAOWAT «UCAN fUtfS IMNeBOTA, BM71 RH. ttii} M^TIM BRUCE tSERMAN LOT 1. BIRCH GROVE 1ST Al»mON OTTER TAIL COUNTY, MINNESOTA mfwmPWB:Iasm,:xi-.......i'i*