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Home My WebLink About17000990440000_Variances_04-11-2002901898 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify WQIU this instrument # was filed/recorded in this office for record on the i (o day of _____ClM 2002 at Wendy L. ll^etcaif, County Recom bv: m 60 <3^ 'fecording fftP ^ !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'k'k'k Application Fee $150.00 iMmReceipt Number. Accepted By / Date 701-683-4852Delores Iserman DAYTIME PHONEPROPERTY OWNER PO Box 146. Lisbon ND 58054ADDRESS 56-759 Franklin RDLAKE CLASSLAKE NAMELAKE NUMBER TOWNSHIP 137 RANGE 42 TOWNSHIP NAME DunnSECTION__^ 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) Subdivision X Cluster Misc.Structure 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 MANAGEI^NT REGARDING THIS MATTER. DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing)iVIAR - 7 2002 Bj/ickj Sahj /'3 l4t Mm /'7 iS3 ^¥0 y// iQMC^ 5/ 2^!^ mo 39h CO/ 3?<f 'Cx)o C02 i^-oo& 3^/ -'(Too ¥c,Ct ■'Mc 7^ 'd> /’/T)/t^/Z 7*Date Of Hearing Time// 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 Arid.the MN .DNR LR Official/Date bk 0501-001 305,391 • Victor Lundeen Cc., Printers, Fergus Falls, MN • 1-600-346-4870 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 v;ay 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 approximately 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 v^as noted that the granting of this variance v^ould 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. 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 Beltram 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 11,2002 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 ordinal^' 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 v;ater 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 T 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 Pesters, 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 was made by Cecil Femling, second by Steve Schierer and carried with Mark Steuaft 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 aJeast 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 halfwill .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 tOR: DAVID SOUBA ^ SUBLOT 2, GOVERNMENT LOT S, SECTION 34, TOWNSHIP 137, RANGE 42 OTTER TAIL COUNTY, MN. mar - 7 2002 LEGAL DESCRIPTION • V..C The North 75 feel of Sublot 2. Government Lot 8. Section 3*. Township 137, Ronqe 42. Otter Toil County, Minnesoto. Containing 17,537 square feet, more or less. Subject to the roadway and eosements of record, if any. ^'3 .-.3 ISia\;hEO < N VICINITY MAP SECTION 34. TOWNSHIP 137. RANGE 42 Z 40 0 40 FEETSCALE Scoie: 1 Inch - 40 Feet IN Z LEGENDU. • - DENOTES IRON MONUMENT FOUND O - IRON ROD SET AND MARKED WTH LAND SURVEYOR NO. 40827. GENERAL NOTES 1.) Bearings ore assumed. not to scale ^oovnejIarttf M te ir«|i, (tai M M I «n • e% IkMid laid pnpmd f« e wdv ay *«d te to«9 «f He SW« of lenaaM. OJENT« i«Sarl m Stfwyw «dv ^CMSiONS ■kT trLAKE REGION RA MX mA 4 RAM*. m 5il) SURVEYING, INC.47 tL mOAJDWAYK M*Ta SUBLOT 2. GOVERNMENT LOT S, SECTION 94, T0WN8HP 197. RANGE 42 OTTER TAA. COUNTY. MSWESOTA DAVE) SOUBA 2019 1STH ST. 8. MOORHEAD, MN SSSSO CERTIFICATE OF SURVEYVjgQMl • WW PUM (vD0C7 m/ / M9>tl04 Mmm ru: \2ooive«-aciMM^'*«-c(in.««s 1 J OJEKTRCVdONS mamat mm • m CERTIFICATE CFLAKE REGION SURVEYING, P.O. ftOX SS3, 47 M. BROADWAY . —r- •KUCAN BARM BMCBOTA. OBBTX V.RK mt) BeA-tlO* t 8RUCE ISERUAN P.O. BOX t4S LISBON. UN 68054 (NO. LOT X BIRCH GROVE 1ST ADOfTtON OTTER TAB. COUNTY. MINNESOTA (MsuRVErK BW PWB - :-X-: asisao*;;Ica:■.a,:':■. ,%-r