HomeMy WebLinkAbout17000990863000_Variances_08-12-2004%\V10(H
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #
960483
was filed/recorded iathis office
for record on the I 3____day of ^
2004 at.2i^i^^^m^m
Wendy L. Metcalf, County Rfecorder
.well certif^ate
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
JUL n 2004
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us CK«i IK^Oland ii RESOURCE
-^150700' CKApplication Fee
\dmCiSCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted by / Date
PROPERTY OWNER Kermit E. Bye DAYTIME PHONE 701-297-7279
3632 Fairway Road, Fargo, ND 58102MAILING ADDRESS
SbLAKE NAME Pelican Lake LAKE CLASSLAKE NUMBER
SECTION 0 4 137 042 DunnTOWNSHIP RANGE TOWNSHIP NAME
PARCEL R 17000990863000 and
NUMBER R 17000040062021
E-911
ADDRESS Fire Number 51564
LEGAL DESCRIPTION
Dunn Township
Pelican Pt. Sect-04 Twp-137 Range-042
All Lot 16 Blk 1, Nl/2 Lot 17
Blk 1 & Vac Rd Adj
Dunn Township, Pelican Point
Sect-04 Twp-137 Range-042
Pt Lot 6: TR 100' Deep in Rear of
Lot 16 & 1/2 of Lot 17, Blk, 1 Pel.
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Misc.Sewage System Subdivision Cluster
SPECIFY VARIANCE REQUESTED
Replacement Dwelling: Request is for front yard setback to remain unchanged from existing dweiiing in relationship to two neighboring lake homes to the
north which are in exact line one with the other on all three such properties.
Adjoining property owner to the south concurs and is agreeable to the front
yard setback to remain as is for reasons of esthetics, continuity and privacy considerations. Any necessary legal documents will be prepared in recordable
form and executed by such property owner.Garage and Judge's Chambers (Office): Be permitted to be built over existing
carport located near south lot line. Adjacent property owner will provide a
written easement waiving any and all side yard recjuirements. Property owner to the south is agreeable to executing and recording a deed, easement, or
other legal document granting or waiving the 10-foot side yard requirement
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND tor COnstruc-
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY, tion of said facility.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CON/AQTHAND & RESOURCE MANAGEMENT REGARQlfjG THIS MATTER.
XZ L 8 2.J
I XSIGNATURE 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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^■ '0*^ /?/n.c^oo/^3^TimeDate Of Hearing 9
Motion
Kermit E. Bye - Approved the variance as requested for the proposed dwelling development and denied the
variances as requested for the proposed garage development.(7:04 p.m.) I
After consideration and discussion, Paul Larson made a motion, seconded by Cecil’Femling and unanimously carried,
to approve the variance for the proposed house development as described in the applicant’s variance application and
as depicted on drawing submitted with the variance application and to deny the variances for the proposed garage
and judge s chambers/office noting that there is adequate room to meet the side lot line setback requirement for this
proposed development. The Board’s action does not' grant directly or indirectly any variances to cover more than 25%
of the total lot area with impervious surfaces and/or to construct any buildings having a height greater then the
maximum permitted in the ordinance. Hardship is a substandard lot of record.
/
Time
Chairmaa^tter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
^ Yes (Contact Land & Resource Management)
No
Copy of Application jyiail^ to Applicant Andjhe MN DNR
to. >S&e5&^L R 6tfrcial/[5ate
riiTieDate Of Hearing____
___________________________________________Chairman/Otter Tail County Board of Adjustment
BK-0402-001
311,491 • Victor Lundeen Co . Printers • Fergus Falls, MN • 1-800-346-4870Permit(st required from Land & Resource Mana'jesrssnt
_.........Yes (Contact Land & Resource Management)
Augvst 12,2004
- Page # 2
Robert W. Johnson - Approved as requested. (7:52 p.m.)
Robert W. Johnson, part of Government Lot 1 and all of Government Lot 2, Section 5 of Lida Township by
Rush-Lizzie Lake, requested a variance of 50’ from the required ordinary high water level setback of 200’
for a future building site 150’ from the ordinary high water level. Randall Mann, Chair, polled the audience
with no one speaking for or against the variance as requested. After consideration and discussion, Frank
Lachowitzer made a motion, seconded by Paul Larson and carried with Cecil Femling voting no, to approve
a variance of 50’ from the required ordinary high water level setback of 200’ for a building site location 150’
from the ordinary high water level. Hardship is the terrain and topography of the applicant's property. The
Board noted that this is perhaps the best location for a dwelling on this proposed parcel.
Robert Barry and Kimberly Neuleib - Approved the variance application as modified. (6:55 p.m.)
Robert Barry and Kimberly Neuleib, part of Government Lot 11, Section 10 of Friberg Township by
Heilberger Lake, requested the following: 1.) There is a hill that starts 100’ from shoreline. Therefore, we
can only put our camper 89’ back from shoreline and it is very wooded. We would have to dig out hill to
place camper 100’ back; 2.) My brother and I (Kim) own the property together. Therefore, we would both
like to have our campers on the property. My brother only comes about twice a summer. His camper
would only be there about one week at a time; and 3.) We would like to rebuild the storage shed that is on
the property already. There is an existing foundation already there. The foundation has been there along
time. Storage shed, per the applicants’ drawing appears to be 30’ from the ordinary high water level.
Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested.
After consideration and discussion, Paul Larson made a motion, seconded by Frank Lachowitzer and
unanimously carried, to approve a variance of 1T from the required ordinary high water level setback of
100’ for the placement of a camper 89’ from the ordinary high water level. The Board noted that they are
taking no action on the proposed 16’ by 16’ storage shed as it can be legally placed on the applicants'
property as a water oriented accessory structure without the granting of any variances. The Board also
took no action on the request for multiple dwellings since this is a prohibited use and the Board of
Adjustment cannot legally grant a variance for a prohibited use.
Kermit E. Bye - Approved the variance as requested for the proposed dwelling development and
denied the variances as requested for the proposed garage development.
(7:04 p.m.)
i/
Kermit E. Bye, Lot 16 and part of Lot 17, Block 1, Pelican Point and part of Government Lot 6, Section 4 of
Dunn Township by Pelican Lake, requested the following; Replacement Dwelling (55’ by 55’): Request is
for front yard setback to remain unchanged from existing dwelling in relationship to two neighboring lake
homes to the north which are in exact line one with the other on all three such properties. Adjoining
property owner to the south concurs and is agreeable to the front yard setback to remain as is for reasons
of esthetics, continuity and privacy considerations. Any necessary legal documents will be prepared in
recordable form and executed by such property owner. Garage and Judge’s Chambers/Office (40’ by 40’);
Be permitted to be built over existing carport located near south lot line. Adjacent property owner will
provide a written easement waiving any and all side yard requirements. Property owner to the south is
agreeable to executing and recording a deed, easement, or other legal document granting or waiving the
10-foot side yard requirement for construction of said facility. From additional information submitted with
the variance application it appears the proposed replacement dwelling will be 44’ from the ordinary high
water level and it appears the proposed garage and judge’s chambers/office will be 0’ from the south lot
line and will have a height of 35’. Randall Mann, Chair, polled the audience with no one speaking for or
against the variance as requested. After consideration and discussion, Paul Larson made a motion,
seconded by Cecil Femling and unanimously carried, to approve the variance for the proposed house
development as described in the applicant’s variance application and as depicted on drawing submitted
with the variance application and to deny the variances for the proposed garage and judge’s
chambers/office noting that there is adequate room to meet the side lot line setback requirement for this
proposed development. The Board's action does not grant directly or indirectly any variances to cover
more than 25% of the total lot area with impervious surfaces and/or to construct any buiidings having a
height greater then the maximum permitted in the ordinance. Hardship is a substandard lot of record.
RECEIVED
AUG 2 5 2004Application for Variance
Before Otter Tail County Board of Adjustment LAND & RESOURCE
Amendment to Application for Variance
and
Petition for Rehearing and Partial Reconsideration
Within Ten (10) Days of
August 17, 2004, Decision of Board of Adjustment
This is a combined Amendment to Application for Variance and also a Petition for
Rehearing and Partial Reconsideration within ten (10) days from the date of the initial decision
of the Otter Tail County Board of Adjustment dated August 17, 2004, being made and taken by
the undersigned petitioner/applicant relating, but limited to, the Board of Adjustment's denial of
the portion of the variance application which requested a proposed garage and judge's chambers
as set forth in the Application for Variance dated July 8, 2004, and also this amendment thereto,
and to be reconsidered upon rehearing, if such is deemed necessary. The decision of the Board
of Adjustment dated August 17, 2004, and the original Application for Variance dated July 8,
2004, are attached for convenience and ease of reference.
As petitioner indicated at the August 12, 2004, hearing, the undersigned was agreeable to
accepting a height limitation on the garage and judge's chambers of not to exceed 25 feet, which
had been discussed by Board of Adjustment members during the course of the presentation and
deliberations at the time of the initial hearing, and such remains the position of the petitioner as
this Amendment to Application for Variance and Petition for Rehearing and Reconsideration are
further reconsidered by the Board of Adjustment.
The petitioner reasonably believes the Board of Adjustment may reverse, affirm wholly or
partly, or may modify the order, requirements, decisions or determinations as in its opinion should
be made in these premises and under the circumstances as explained herein, and to such end as
may be allowed by law and the appropriate rules to reconsider the application for variance and
issue an amended and revised approval consistent with the Board of Adjustment's further
determination upon its reconsideration of said amendment to application for variance.
The petitioner understands the Board of Adjustment's position with regard to the ten-foot
sideyard setback requirement along the south lot line of subject property and hereby amends his
application for variance consistent with said understanding. The Board's conclusion that the lot
in question does contain adequate room to meet the side lot line requirements for the proposed
development is not being further contested, with the only matter remaining for the Board of
Adjustment's further reconsideration is the allowance of the five (5) additional feet of maximum
proposed height on the garage and judge's chambers facility, but in no event to exceed a height
of twenty-five (25) feet.
It appears reasonable, practical, and expedient for the Board of Adjustment to reconsider
this now amended application without the necessity of having to provide adjoining property
owners with additional notice, as no one either objected to or resisted the original application for
a variance, and no one appeared at the initial hearing in opposition thereto.
This Amendment to Application and the Petition for Rehearing and Partial Reconsideration
is dated this 24th day of August, 2004.
Respectfully submitted.
Kermit E. Bye
Property Owner and Petitioner
Home Address:3632 Fairway Road
Fargo, ND 58102
701-297-7279 (officTelephones:
701-235-5050 (home)
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