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Home My WebLink About17000990474000_Variances_12-04-2002XlA-lOGt OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was fiied/recorded in this office for record on the X2:^ I lUL. 2002 at ‘^'JO^nypm Wendy J.. Metcaif, County RMoWr ^JD>^CC>cM ^cording f( weii certificate 917354 917354 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us CMin^f^ OOApplication Fee Receipt Number /14^COMPLETE THIS APPLICATION IN BLACK INK lu4miIc9^Accepted By / Date. PROPERTY OWNER MAILING ADDRESS DAYTIME PHONE .S(b-1BC.V-4>Y(5LAKE NAME C\k \ \'})'7 RANGE LAKE NUMBER _ SECTION C> Co TOWNSHIP _____LAKE CLASS TOWNSHIP NAME PARCEL NUMBER ^vjE-911 ADDRESS 1 LEGAL DESCRIPTION \ Oo^>-7 Lx5^ / &\oci\^ c^w I—o\ \Cj;> £'(. O c2^'S\ 0<Ld / Tvoo OM:^ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback )( Structure Size Sewage System Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED OvJcE "Too b0cD.vSb ^cX\s\ \oo (S'V-N-^vOCo is:^ TOo^ 7 S' oVXuJL - X' \J vcS L6^ Xxoe - 5' XJt^SsOcjC: TXSr, t<~N I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. rAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO & RESOURCE MANAGEMENT REGARDING THIS MATTER. I ALSO I^DERSl CONTACT LAND )OQ^/ \iT. •ac5:i>T'vSnK)7“ S GNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ch S'tip ■gF'"S 74-000 nifi'ooo 70- oo\^13 fir.:, Hf2> ' ■- ■ » 't7 ;7 ^75 ^77 ^ 77? (> 47 7 H(p2. 774 77^7^70 7777-7/^/? -X ^?0 7-t^o /T/30,g^CgA>Date Of Hearing Time Motion Jason Tester - Denied. (7:20 p.m.) Motion was made by Randall Mann, second by Steve Schierer 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, the proposed project would obstruct the view from the adjacent properties, the proposed project is not conducive with the immediate neighborhood, more than 25% of the total lot area is cover with impervious surfaces and the applicant does have a reasonable use of his property without the granting of a variance. [y^oard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed to Applicant And the MN DNR__ BK-0402-001 309,424 - Victor Lundeen Company, Fergus Falls, Minnesota December 4, 2002 Page 4 David and Sandra Antonsen and John and Elaine Antonsen - Approved as requested with a condition. (7:12 p.m.) Continued. After discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling and carried with Mark Steuart abstaining to approve the variance as requested with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that both of the proposed parcels have access to a public road, have room for two on-site septic systems and exceed the minimum size requirements for platted lots on a recreational development lake. Jason Tester - Denied. (7:20 p.m.) Jason Tester, Pelican Rapids, MN, requested a variance of 53’ from the required ordinary high water level setback of 75, a variance of 1’ from the required west side lot line setback of 10’ and a variance of 5’ from the required east side lot line setback of 10’ for a 14’ by 45’ ground level two story addition, which will attach the two existing dwelling to create one dwelling, and for a second story addition to both existing dwellings which will make the entire structure a two story structure. The property is described as part of Lot 16, Bowery Beach, Pelican Lake in Dunn Township. A letter from Mark and Coleen Altnow in opposition to the variance as requested was read for the record. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer 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, the proposed project would obstruct the view from the adjacent properties, the proposed project is not conducive with the immediate neighborhood, more than 25% of the total lot area is cover with impervious surfaces and the applicant does have a reasonable use of his property without the granting of a variance. Craig and Donna Rakow - Approved as modified. (7:31 p.m.) Craig and Donna Rakow, East Dundee, IL, requested a variance of 40’ from the required ordinary high water level setback of 75’ and a variance of 17’ from the required top of bluff setback of 30’ for the remodeling of the inside of the existing dwelling, for new windows, for new siding, for the addition of a 25’ by 16' loft and for the replacement of a 25’ by 36’ roof. The property is described as Lot 7, Freise Beach, Eagle Lake in Eagle Lake Township. Dick Aasen appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Cecil Femling, second by Steve Schierer to deny the variance as requested as there was no adequate hardship that would allow for the granting of the variance as requested. After additional discussion this motion was withdrawn. After additional consideration a motion was made by Cecil Femling, second by Steve Schierer to table this variance request, with the verbal permission of the applicant, until the next scheduled meeting of the Board of Adjustment. After additional discussion this motion was also withdrawn. Cecil Femling, then reintroduced a motion 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. This motion was seconded by Mark Steuart, but failed to carry with Steve Schierer, Randall Mann and Paul Larson voting no. After additional consideration and discussion, motion was made by Paul Larson, second by Steve Schierer and unanimously carried, to deny the loft addition and the roof replacement project and to approve the inside remodeling of the existing dwelling, the new windows and new siding projects. It was noted that the variance as approved would provide the applicants with an ability to maintain their existing property, as well as, provide them with a reasonable use of their property. November 25, 2002 To: Mr. Randall Mann, Chairman Board of Adjustment, Otter Tail County. From: Mark & Coleen Altnow (owners of lot # 14, lot # 15 and a strip of lot #16 Bowery Beach). Subject: Jason Tester Hearing for Variance (12/4/02). Dear Mr. Mann: Please accept this letter as our formal acknowledgement of the above mentioned Hearing and our sincere opposition to it. We would be pleased to attend yet prior commitments here (Apple Valley, MN) will prevent the trip. We offer the following reasons accordingly: 1. We oppose the proposed variance for lot # 16 Bowery Beach, as it would be far too large a structure for such a short lot in an already congested area. Most lots here have 50 feet of lakefront and are very short in depth do to Highway #20. Please note the attached survey, which indicates lot #16 has only 64 feet on the West side. 2. We are also very concerned about how an over-sized building on such a short lot could impact property values long term. 3. In addition, it is exceedingly doubtful the existing variance application, coupled with the present dwellings, sidewalk and deck would pass the “25% of the lot to be covered by imperious materials ordinance” (see attached). 4. We also question the compliance to the Minnesota Department of Health Well Code concerning the “3 foot” set back. If a new well is required would there be adequate space considering neighboring septic systems? 5. Finally, we do not want a big 16 foot wall, plus roof and over-hang any closer to our property line than the law requires. Thank you very much for your time and consideration. Best Regards, ddlSLlM OjfyuyU Mark & Coleen Altnow ■ IRON MONUMENT FOUND IRON MONUMENT SET PU\T DISTANCE MFASURFD DISTANCE o (33’) 49.93' (ASSUMED BEARING) S90*00'00”W (775.00’) ------±775.19’--------I--------- ---------\ \/ \/------174.77’------~~~1I r.~ // (75.00’) - 74.91’- 4(600.00’) -- ±600.42 -- POiOC MIGMWM //r-52.93’—1 I (50.00’) 1 (50.00’) 49.93’-49.93’- \; —//1/W' iK (50.00’) I ' M ” ID PIPE 1 FOUND 3V-3.00’ '^ ' K I oCvl O cN LiJ NE CORNER lot 4-----' CL 1b:ICL > lbQ ID 1 luiQ z K ro "u. LOT lot pop15 p-. r>: liT) IVf olot14 SSfc 13ie oCMCMtO03OOCOZ 'o 1 b5.00’'^WEST'LY I F LINE OF LL LOT 15 1 o/1” REBAR] FOUND//♦\//\V '~-±58'-0 ----------- ID Z CL o H: $ 2 UJ 5 ■H <o SHORELINE OF PELICAN LT^KE ■H2 0, H lZ L: O EDGE OF WATER AS PER SURVEY DATED 4-13-99 DESCRIPTION: THAT PART OF LOTS 15 AND 16 OF BOWERY BEACH, DUNN TOWNSHIP. OTTER TAIL COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 90°00’00’ WEST (ASSUMED BEARING), ALONG THE NORTHERLY LINE OF SAID LOTS 15 AND 16, FOR A DISTANCE OF 52.93 FEET TO A POINT 3.00 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 16; THENCE SOUTH 02'’12’57" EAST FOR A DISTANCE OF 86 FEET, MORE OR LESS, TO THE SHORELINE OF PELICAN LAKE; THENCE SOUTHEASTERLY. ALONG THE SHORELINE OF SAID PELICAN LAKE, FOR A DISTANCE OF 58 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 15; THENCE NORTH 04°51’00’ WEST, ALONG THE EASTERLY LINE OF SAID LOT 15. FOR A DISTANCE OF 92 FEET, MORE OR LESS. TO THE POINT OF BEGINNING. ■:>5|It-LAND & RESOURCE MANAGEMENT OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537 218-739-2271 APPLICATION CHECKLIST (For Complete Detail, See The Shoreland Management Ordinance of Otter Tail County)■■■ V •' Wr CONDITIONAL USE PERMIT APPLICATION VARIANCE APPLICATION r i'4A Conditional Use Permit authorizes certain land uses (commercial & topographical alterations). It is not a construction or installation Permit. A request to vary from the requirements of Certain the SMO and/or Subdivision Controls Ordinance. Variance approval is not a permit. 'f; ii-.L:} :?, Please provide the following: . 1. A Completed Application form. 2. A scaled drawing(s)* of your proposed project (1 original and 10 copies). Please provide the following: mm ■<§ 1. A completed Application form. I'fe.2. A scaled drawing(s)* of your proposed project (1 original and 6 copies). : - W- i-:3. $90.00 Application Fee.3. $60.00 Application Fee. SUE PERMIT SEWAGE TREATMENT PERMU -MM M. vv'I • A Site Permit must be obtained prior to the placement, erection and/or alteration of any structure, issued to insure compliance with all requirements of the SMO. When applicable, evidence of a conforming septic system is required. A Sewage Treatment Permit must be obtained prior to the installation, alteration, repair or extension of an onsite sewage treatment system. I?-* - '.V;-.- a m>3V :• Please provide the foliowing:Sewage Treatment Permits are to be obtained by a Designated Registered Professional.k W 1. A completed Application form. 2. A scaled drawing(s)* of proposed project. .';.<v ;>.■ -if, •'-'tV; I 3. $50.00 Application Fee**.t-. i:. PLEASE BE AWARE THAT THE SHORELAND MANAGEMENT ORDINANCE PROHIBUS MORE THAN 25% OF A LOT TO BE COVERED BY IMPERVIOUS MATERIAL (Impervious being anything that prohibits or restricts percolation of surface water into the ground surface, therefore a structure's "footprint", deck, driveway and/or sidewalk must be considered impervious.) B ; ■.* Scaled drawing must show the separation distances (feet) between the proposed project and the road right-of- way, Ordinary High Water Level (OHWL) of lake/river, lotline(s), bluff, sewage system, existing structures as applicable. For a Sewage Treatment Permit, you must also include the location & depth of all water supply wells within 150' of the proposed installation. **Please make your check payable to the 'Treasurer of Otter Tail County".Si:-£USTS:appcklst(12/96)1^- sS* Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Faiis, MN 56537 (218) 739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Jason Tester 21900 County Highway #20 Pelican Rapids, MN 56572 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Wednesday, December 4, 2002, at 7:00 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as part of Lot 16, Bowery Beach, E911 Address - 21900 County Highway #20 Section 6, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican , Class - GD The variance requested is: a variance of 53’ from the required ordinary high water level setback of 75, a variance of T from the required west side lot line setback of 10’ and a variance of 5’ from the required east side lot line setback of 10’ for a 14’ by 45’ ground level two story addition, which will attach the two existing dwelling to create one dwelling, and for a second story addition to both existing dwellings which will make the entire structure a two story structure. Wayne'St&Cn/ Board of Adjustment Secretary Date: November 15, 2002 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 18th, day of November, 2002 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jason Tester, 21900 County Highway #20, Pelican Rapids, MN 56572 Judy Sumpter, Twp Clerk of Dunn, 24233 Allen LN, Pelican Rapids, MN 56572 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Fails, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St, Fergus Falls, MN 56537 David Trites, 707 Otter Ave N, Parkers Prairie, MN 56361 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment Dated: November 18th, 2002 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud BKYAN L i THERESA A FEIST MACLEOD TST 21871 COUNTY HIGHWAY 20 PELICAN RAPIDS, MN 56572-7164 3333 MICHENER PL PLANT CITY, FL 03567-2764 4 JOHN R i LORETTA F HARTMAN MARK C t. COLEEN G ALTNOW 674 ORANGE AVE E SAINT PAUL, MN 55106-1917 14326 GENESEE AVE APPLE VALLEY, MN 55124-8415 EULYN M FEIST RYAN M & JASON TESTER 61B OAK ST FARGO, ND 58102-3826 21900 COUNTY HIGHWAY 20 PELICAN RAPIDS, MN 56572-7164 CURTIS J 4 ANDREA R WINTER RICHARD & SUSAN NEAMEYER PO BOX 184 DILWORTH, MN 56529-0184 PO BOX 707 LISBON, ND 58054-0707 MARK HEIDECKER ET AL DONALD BURNS ET AL 13485 260TH ST S HAWLEY, MN 56549-8945 PO BOX 39 HAWLEY, MN 56549-0039i, NANCY KAPAUN ROBERTA L LOVELL 21950 COUNTY HIGHWAY 20 PELICAN RAPIDS, MN 56572-7164 1707 7TH ST S FARGO, ND 58103-4945I. I KEVIN G 4 JEANNE M MOUG LYLA RATHL /715 HACKBERRY DR FARGO, ND 58104-6258 3146 10TH ST N FARGO, ND 58102-1336 JAMES D 4 ELIZABETH C EKEN LEONA A KUSKEI: 2158 PLEASANT DR SE CEDAR RAPIDS, lA 52403-2845 421 15TH AVE S FARGO, ND 58103-4310i : JOHN 4 PRISCILLA DELVO 2951 EDGEMONT ST FARGO, ND 58102-1551 ; OTTER TAIL COUNTY TG670R ACS Tax System 11/20/2002 14:18:06 Freeform Image Print COVERPAGE ******************************************************************************* C N E L S O N C N E L S O N C N E L S O N C N E L S O N 'k'k'kic’k'kicic'kieie'k’k'k'k'k'k'k'kic'kic'k-kicieicieie'k-k'k'k'k'k'k'k'k'k'k'k'k’kie'k'kic'kicicic'kicic-k'kicic'k'k'k'kicicie'k'kie'kieie'k'k'k'k’k'kie'k ic ic ic •k "k ic★* ★ ★★★ ★ ★★* ic * * ** * *★ * * *k * *kk Report Selection: Freeform Type : U Freeform Number: 61 LABELS 6 Width: 35 Multiples: 1 Paper: LBLLength: Run Time Changes: NSelect Model: 95 Sort Model: 127 Summarize Keys: N Use Current Taxpayer: Y 095 SELECT UP TO 300 PARCELSSELECT MODEL 2003 ALL R 17000060074000 R 17000060076000 R 17000060076001 R 17000990463000 R 17000990465000 R 17000990466000 R 17000990467000 R 17000990468000 R 17000990469000 R 17000990470000 R 17000990472000 R 17000990474000 R 17000990475000 R 17000990477000 R 17000990478000 R 17000990479000 R 17000990480000 PAYABLE YEAR ROLL TYPES PARCELS 127 LAND&RESOURCE SORT AS ISSORT MODEL Run Instructions: Jobq Banner Copies Form Printer Hold Space L CNELSON LPI Lines CPI 6 066 10PIYS01 4 i'. bPI a 2*H 41 rH z (5(h 0. £ >9 V sooTW Uo\ L.i)JS^L,ti,^£ “75' I Nyv >£w ^ NK i XScale:feet.grid(s) equals .inch(es) equalsfeet, or Please use this sh^ljfyjjhe required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbdCRS from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) t»t %X 100 = Total Impervious Surface Onsite Total Lot Area (FT2) (FT2) 'r r f- • ' •y .* i •• : I rt •* 51 « > *t •i k » ♦ t . / V »-* < ' I-•«-»: -•t **T •r•• ‘ I • * V .. . , ■ ’ i./' •-' . *«it « «• f ■♦ f. 1* * *4« 4 DatedSignature 304,678 • Victor Lundeen Co., Printers • Fergus Fails. MN • t-800-346-4870BK — 0500 — 029 1 \ i 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. )00\/ APPLICANTDATED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH 1®'^ FORMLTRS/S ODAYACK