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HomeMy WebLinkAbout17000990888000_Variances_11-14-2002<=3'vV^^i' "^';3::=>v 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******^/hO-OOApplication Fee 0 Receipt Number Accepted By / Date \;\eN yv\oA/v,SN:. V^vxovcx- V\cx,€^ V-e.e_PROPERTY OWNER ____DAYTIME PHONE_____^ 3\"=?5 ‘=». V\i,\V «3rVc±e3r/O' I^Y\CJ€y<5iS>VV-Vr-cor^ADDRESS LAKE NUMBER LAKE CLASS GxOLAKE NAME TOWNSHIP range township name PARCEL NUMBER ASECTION LEGAL DESC^TION^^^ . \ ,\-^CXDCR^CF^VCOO V 3^ V-^ v-ocv^ oorv.^ v^=^c3ococ\c\oese5^0o0 — S^'&V TYPE OF VARIANCE REQUESTED (Please Check) structure Setback^ Structure Size Subdivision ^ ClusterSewage System Misc. SPECIFY VARIANCE REQUESTED , a a x .u >-\o V<scyjo.^<S^\ c^Oc^v\o-yvoe_ C^s^l,..SiS^ivvs, Vov^eoe«-v^<e.v..>cc^-i-S (ooey)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. T/SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) \\j^ \o>v^ ^0>s-j->-^^^o->-^ .vr iuJc^ / fjj^^-^ &tk./UC^ y Ctt - (p^- Old.- (p^ '0 IS'- (f9. '017- (pd,'0!7^ 44 ^O d^O- (od ' ^y^cLuf gn3cUcf 277-d^^yedcLp ^71ctu^ "iiyGLub^ ?g/E^t3du^ E^dui^ TySck^ ^^(pcLuLf Date Of Hearing Time Motion Herman H. and Lenora Mae Lee - Withdrawn Prior to the meeting a letter was received informing the Board of Adjustment that the variance request of Herman H. and Lenora Mae Lee was being withdrawn. Chairman/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 L R Official/Date bk 0501-001 305,391 • Victor Lundeen Cc., Printers, Fergus Falls, MN • 1-800-346-4870 PEMBERTON, SORLIE, REFER & KERSHNER, P.L.L.P. ATTORNEYS AND COUNSELORS AT LAW Office Also First National Bank Of Henning Henning, MN - Thursday I -3 Telephone: 218-583-2933 Richard L. Pemberton, Sr.* Oscar J. Sorlie* +++ Stephen F. Rufer* +H. Morrison Kershner* ++ Robert W. Bigwood Michael T. Rengel* Kent D. Mattson Robert O. Blatti Kristi A. Hastings LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538-0866 TELEPHONE: 218-736-5493 FAX: 218-736-3950 www.ferguslaw.com Otter Tail County Board of Adjustment C/0 Land & Resource Management Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 December 2, 2002 Herman and Lenora Lee Our File #2002-7193 Richard and Linda JeffriesIN RE: We represent Richard and Linda Jeffries, the owners of property adjacent to the Herman and Lenora Lee property, receipt of the Variance Application by Mr. and Mrs. Lee and their prospective buyer, Michael Bullinger, to subdivide their property on Pelican Lake. Mrs. Jeffries on both sides and Mr. and Mrs. Jeffries have an easement for access through the middle of the Lee property. They are in This property borders the property of Mr. and Mr. and Mrs. Jeffries object to the Variance Application and opposes its approval. I have reviewed the Variance Application and find that, in addition to the two separate variances requested, numerous variances from other county requirements would appear also to be necessary if this application were to be granted. These variances include, or potentially include, the following: Requirement to plat IV 10 B.1. Bar against substandard lot conveyance IV 13 B.2 . Minimum lot size (Parcel A is purported to be exactly 20,000 square feet, depending on vacated public road and an indefinite OHWM.). Ill 4 A. 3 . Minimum water frontage (survey proportion of 104 OHWM is questionable). at the4 . Ill 4 A. * Also licensed in North De kota +Civil Trial Specialist eeitifiod by the Minnesota,State Bar Association + illcal I’l-opcity La,w Specialist eoitified by the Minnesota State ]3ar Association + 1 (Civil Trial Specialist certified by the National Board of Trial Advocacy and Minnesota State Ba,i- Association ' otter Tail County Board of Adjustment December 2, 2002 Page 2 Minimum lot width (the proposed Parcel A is clearly substantially less than 100 feet in width, except perhaps at the water's edge). Ill 4 A. 5. Impervious surface (the amount of impervious surface already exceeds 25%, even without a dwelling). IV 8 B(l). 6 . Minimum building line width of 75% of Ordinance minimum (not met at any point), or 60 feet. 7 . IV 13 B(2). Building line setback requirement of 75'.8 .Ill 4 A. Requirement of 20 (not mentioned or acknowledged by applicants). set back from Jeffries9 .private roadway III 4 A. Requirement of suitable minimum contiguous lawn sufficient for 2 septic treatment systems. IV 10 C 10 .area The County Ordinance contemplates the occasional variances from its standards, where by reason of "exceptional circumstances", the strict enforcement of any provision of the Ordinance would cause unnecessary hardship. Applicants made no effort to show either exceptional circumstances or unnecessary hardship. They should not be permitted to subdivide their property. Adding the additional gerrymandered property, consisting of the vacated public road and an oddly shaped tract connected by only ten feet or so, would just only meet the minimum requirement for a lot size on Pelican Lake. The Jeffries object to granting a variance from the requirement that such a lot be created without the requirement for platting, as the platting process would serve to reveal the other deficiencies associated with this application. Mr. and Mrs. Jeffries also object to the granting of a variance from the setback.requirement, by which the applicants propose to use a string test. This property is located on a point and the area would in no way be aesthetically benefited by allowing a dwelling on Lot 1 to be located closer to the lake, since there is no visual context for a uniform setback of these properties. Most emphatically, even if the setback variance were granted, this lot has little, if any, practical buildable value. The application fails to disclose several important points. First, the access road serving the Jeffries' property is paved, although this impervious paved surface does not show up on the applicants' survey. The amount of impervious surface in proposed Parcel A is therefore already in excess of 25% of the total surface area of * otter Tail County Board of Adjustment December 2, 2002 Page 3 the proposed lot, leaving no additional area for which a dwelling or other impervious structures or improvements could be placed.^ I am enclosing a map showing the location of the Jeffries' driveway easement. setback line for building purposes of 20 feet from this right-of- way.a uniform width of at least 100 feet, use improvement over the lot line (the tennis court) arguably creates two more ordinance violations for such improvements within feet of the lot lines. Regardless, allowing a subdivision where there is a clear improvement straddling a boundary line is only likely to create future problems. The applicants' proposal fails to show a The lot dimensions for proposed Parcel A fail to consist of Its inclusion of a common Although the applicant contends there is space for two septic systems on the lot, it is doubtful that this is the case. The Ordinance requires sufficient contiguous lawn area, significant amount of the area is on the east side of the bituminous driveway for Mr. and Mrs. Jeffries and is currently put to alternative uses by the Lees (the tennis court and parking area for the Lees) . It would seem an impossible task to place two septic systems, a well and a dwelling in any manner which would meet these setback requirements for building. This request for multiple variances should be denied. A 5-ificerely Robert W. Bigwood ss Richard and Linda Jeffriescc ^ The survey lists impervious area on Parcel A to be 2985 square feet. The total area of the Jeffries' easement, all of which is capable of being surfaced, is about 4,100 square feet, of which about 3,000 square feet is actually surfaced with bituminous. In addition, the portion of the tennis court located in Parcel A is about 2,355 square feet, making a total of 5,355 square feet of actual impervious surface and the potential for 1,100 square feet more, just from existing uses. u I ^'^■OCK ^-‘AND Mil I **'»'©ppn «% p. 17074510907Janet LaGrandDec 01 02 04:43p Otter Tail County Board of Adjustment Otter Tail County Courthouse 121 West Junius Ave Fergus Falls, MN 56537 Board of Adjustment Members, We have received the hearing notice concerning application for a variance for Lots 39, 40, 41 and part of Lots 42 and 43, Block 1 and Lot 1, Block 2, Pelican Point. We appreciate being informed of this requested variance. As adjoining land owners, we strongly oppose the granting of the requested variance. The Shoreline Management Ordinance addresses variances saying the board may grant variances that “are consistent with the general purposes of the ordinance,” Otter Tail County implemented this ordinance to improve and upgrade its lakes’ shorelines. This application seeks lower standards in five or more areas: fi"ont footage, building line width, permeable area, lakeshore setback and lot size and shape. There are six properties on Pelican Point when one starts at the Burgum property and goes south and then west along the lake. These are Burgum, Traynor, Lee, Jeffries, Lee again as Lot 1, Whitman and Larson, Each of these properties has at least 200 feet of lakefi-ont except the subject of tonight’s hearing, Lees Lot 1. Our cottage was built in 1941 by my parents. The 1911 platt shows our four lots (2, 3, 4, 5, Block 2) as 50’ wide and 150’ deep rectangles. The applicants' Lot I is immediately east of Lot 2 and shares the same straight front line as our lots. It is platted as 75 wide at the front, 150’ deep and 25’ wide at the rear. To my knowledge, it has not been replatted. The application survey shows 104’ of frontage which is taken on a diagonal measurement and is akin to a 50’ wide lot measuring on the diagonal and saying it is 70’ wide. This 104’ measurement also includes 10’ of vacated “alley” from the 1911 platt which ran from the back of Lot 1 all the way to the lakeshore and which still carries an easement for ingress/egress to the point lots. In reality, it is a road which is currently blacktopped and in frequent and normal use. The applicants’ survey showing that the setback line can move east behind lot 41 is a flagrant error. Another error on the submitted survey is the location of the “found iron monument” located on the line between Lots 1 and 2. This monument is also located on the 1989 survey done by Roy Smith for the road and alley vacation Lees completed in 1991. The location of the monument is only five feet or less back from the OHWM, not the 15’ or so feet the submitted survey depicts. Correcting for this decreases the square footage and lakeshore frontage attained considerably. A section of the ordinance addresses substandard lots that meet 75% of the ordinance minimum for lake frontage and building line minimum. When the stated setback of 75’ is applied along the lotline of Lots 1 and 2, and the width is measured perpendicular to this line, the building line width is 50’; a full 25’ short of the already lowered criterion of 75’. Even applying the stringline method with its setback of 60’ gives a width of only 55’ still well short of the substandard requirement of 75’. Applicants may argue that the vacated alley gives them another 10 feet of width, however, the alley canies the access easement and is in use as such. Not only can it not be built upon, but it must be setback from to allow vehicle passage. The vacated road at the rear of Lot I carries the same easement access; to even imply that it may be built upon or used in any way, except as the access it is, is incorrect. It is the original beach road of high grade, compacted gravel. Certainly fine for driving upon, but not suitable for leach field usage due to the compacted gravel and the vehicular traffic over it. The Lees already use most of this area for parking. Given this and the tennis court, another impermeable surface, on Lots 42 and 41, we don’t see where the applicants can place even one leach field and certainly not the two they propose. They also appear to be over the impermeable surface area limit. General development lots are required to contain 20,000 square feet. Applicants attempt to reach this figure by adding to the 7,500 square feet contained in Lot 1 (50’ average width times 150’ length) as follows; P-27074510907Janet LaGrandDec 01 02 04:43p vacated road (110X39) vacated alley (196X10) alley behind 41 (75X10) Lot 42 4290 I960 750 (.5X115X46) 2605 Lot 1 7500 17105 Allowing for estimation errors, they are 10-15% short of the square footage requirement. The resulting lot is a true Gerrymander. Applicants assert that the hardship is the lot is split from the remainder of Lee’s lots, by the driveway. This is true, but the Lees were active participants in vacating the road and alley. The vacation joined a substandard lot to contiguous, conforming lots (theirs) and thus made it even more unbuildable under the ordinance. This occurred in 1991, well after the ordinance was in effect and the Lees should be presumed to have known the consequences of their vacation request. This request for variance should be denied. The Shoreline Management Ordinance attempts to improve the lakeshore environment by setting standards. This request asks a waiver of these standards in not just one category, but many. The lot falls well short of even the reduced minimum 75% width rule. It will violate the setback rule. It attempts to attain the square footage rule by adding areas that are covered by ingress/egress easements. It will create terrible access, parking and traffic problems. It would place a necessarily small cottage among larger properties. Denial does not harm the Lees or take away an existing right. There is no hardship as they have sufficient area to enlarge their existing structure should they so choose. Approving this variance does harm each adjoining property. We join with the rest of the neighbors in requesting that this application be denied. Thank you for your time. Horace Whitman Laura Whitman Please read this into the record p.37074510907Janet LaGrandDec 01 02 04:44p \.* \I \i V"-'i \! !\I \\ \5 \ii \i \\::x>V1i ■ ^' \\\ \;c 1 -X.'S(\JI \ ir?■\I \r \\i \IhO \I \■, \I 5 i i ■ Ij i..4---------i t i! S ! :!\I /L 55 t,P‘ -- .-i!i i I75' §! i " i I \ 5i 1 \1 1 ! ■•, o I •f \rJ' i J 1 T*.. ■ :!Foyvict: ?i I...‘4J t. m M.s c?^cor^ i I -V ■J PEMBERTON, SORLIE, REFER & KERSHNER, P.L.L.P. ATTORNEYS AND COUNSELORS AT LAW Office Also First National Bank Of Henning Henning, MN-Thursday 1-3 Telephone; 218-583-2933 Richard L. Pemberton, Sr.* Oscar J. Sorlie* +++ Stephen F. Rufer* +H. Morrison Kershner* ++ Robert W. Bigwood Michael T. Rengel* Kent D. Mattson Robert O. Blatti Kristi A. Hastings LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538-0866 TELEPHONE: 218-736-5493 FAX: 218-736-3950 www.ferguslaw.com Otter Tail County Board of Adjustment C/0 Land & Resource Management Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN RLCE!'/ED OEC 0 3 2P0256537 land & RESOURCE December 2, 2002 Richard and Linda JeffriesHerman and Lenora Lee Our File #2002-7193 IN RE: We represent Richard and Linda Jeffries, the owners of property adjacent to the Herman and Lenora Lee property, receipt of the Variance Application by Mr. and Mrs. Lee and their prospective buyer, Michael Bullinger, to subdivide their property on Pelican Lake. Mrs. Jeffries on both sides and Mr. and Mrs. Jeffries have an easement for access through the middle of the Lee property. They are in This property borders the property of Mr. and Mr. and Mrs. Jeffries object to the Variance Application and I have reviewed the Variance Application in addition to the two separate variances requested, numerous variances from other county requirements would appear also to be necessary if this application were to be granted. opposes its approval, and find that. These variances include, or potentially include, the follov/ing: Requirement to plat IV 10 B.1. Bar against substandard lot conveyance IV 13 B.2 . Minimum lot size (Parcel A is purported to be exactly 20,000 square feet, depending on vacated public road and an indefinite OHWM.). Ill 4 A. 3 . Minimum water frontage (survey proportion of 104 OHWM is questionable). at the4 . Ill 4 A. ‘Also licpuspd in North Dakota 4Civil Trial Sppcialist certified by the Minnesota State Bar Association ++Real Property Law Specialist certified by the Minnesota State Bar Association +++CiviI Trial Specialist certified by the National Board of Trial Advocacy and Minnesota State Bar Association otter Tail County Board of Adjustment December 2, 2002 Page 2 Minimum lot width (the proposed Parcel A is clearly substantially less than 100 feet in width, except perhaps at the water's edge). Ill 4 A. 5. Impervious surface (the amount of impervious surface already exceeds 25%, even without a dwelling). IV 8 B(l). Minimum building line width of 75% of Ordinance minimum (not met at any point), or 60 feet. IV 13 B(2). 6. 7 . Building line setbaclc requirement of 75'.8 .Ill 4 A. Requirement of 20' set baclc from Jeffries' private roadway (not mentioned or aclcnowledged by applicants) . Ill 4 A. 9 . Requirement of suitable minimum contiguous lawn sufficient for 2 septic treatment systems. IV 10 C 10 .area The County Ordinance contemplates the occasional variances from its standards, where by reason of "exceptional circumstances", the strict enforcement of any provision of the Ordinance would cause unnecessary hardship. either exceptional circumstances or unnecessary hardship, should not be permitted to subdivide their property. Applicants made no effort to show They Adding the additional gerrymandered property, consisting of the vacated public road and an oddly shaped tract connected by only ten feet or so, would just only meet the minimum requirement for a lot size on Pelican Lake. The Jeffries object to granting a variance from the requirement that such a lot be created without the requirement for platting, as the platting process would serve to reveal the other deficiencies associated with this application. Mr. and Mrs. Jeffries also object to the granting of a variance from the setback requirement, by which the applicants propose to use a string test. area would in no way be aesthetically benefited by allowing a dwelling on Lot 1 to be located closer to the lake, since there is no visual context for a uniform setback of these properties. Most emphatically, even if the setback variance were granted, this lot has little, if any, practical buildable value, application fails to disclose several important points, the access road serving the Jeffries' property is paved, although this impervious paved surface does not show up on the applicants' survey.therefore already in excess of 25% of the total surface area of This property is located on a point and the The First, The amount of impervious surface in proposed Parcel A is otter Tail County Board of Adjustment December 2, 2002 Page 3 the proposed lot, leaving no additional area for which a dwelling or other impervious structures or improvements could be placed.^ I am enclosing a map showing the location of the Jeffries' driveway easement. setback line for building purposes of 20 feet from this right-of- way. The lot dimensions for proposed Parcel A fail to consist of a uniform width of at least 100 feet. Its inclusion of a common use improvement over the lot line (the tennis court) arguably creates two more ordinance violations for such improvements within feet of the lot lines. Regardless, allowing a subdivision where there is a clear improvement straddling a boundary line is only likely to create future problems. The applicants proposal fails to show a Although the applicant contends there is space for two septic systems on the lot, it is doubtful that this is the case. The Ordinance requires sufficient contiguous lawn area, significant amount of the area is on the east side of the bituminous driveway for Mr. and Mrs. Jeffries and is currently put to alternative uses by the Lees (the tennis court and parking area for the Lees) . It would seem an impossible task to place two septic systems, a well and a dwelling in any manner which would meet these setback requirements for building. This request for multiple variances should be denied. A -i-ncerely, o. Robert W. Bigwo) ss Richard and Linda Jeffriescc ^ The survey lists impervious area on Parcel A to be 2985 square feet. The total area of the Jeffries' easement, all of which is capable of being surfaced, is about 4,100 square feet, of which about 3,000 square feet is actually surfaced with bituminous. In addition, the portion of the tennis court located in Parcel A is about 2,355 square feet, making a total of 5,355 square feet of actual impervious surface and the potential for 1,100 square feet more, just from existing uses. u \ \\\ \\4 \\ HOUSE I BL.QCI.; " '0 ■ ^'3SOIJTh„„,^-'ANDI ..®^5VEY,Ng.^*■00 /<s November 27, 2002Board of Adjustment Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, Minn. 56537 RE: Lee Variance Request 51190 Pelican Point Drive \ I am in receipt of a notice of application to the Otter Tail County Board of Adjustment for a variance to add certain property to Lot 1, Block ij2 Pelican Point. I am an owner of lots 34-38 directly adjacent to the Lee property and wish to express my strong opposition to this variance request. This variance request involves the utilization of a roacf (with a perpetual easement over it by a neighboring property owner) to be added to a ceifain parcel in order to be considered a “full buildable” lot. It also involves the utilization offc sliver of non-contiguous land from the existing Lee property. I believe using a road^,^d a sliver of non-contiguous land to add enough square footage in order to develop anoAer “buildable” lot is contrary to the clear intent of the Shoreland Management Ordinarte that was enacted to protect the public interest by limiting the density of lakeshore proferties and the obvious problems associated therewith. I also oppose this variance request because it will cause harm to property owners in the Pelican Point Drive neighborhood. Adding another structure to our neighborhood will cause more traffic congestion and parking issues - negatively impacting the safety of our children and family members. The adjacent lots will be less attractive due to considerable density issues associated with another structure potentially being developed on this substandard lot. The above issues will all serve to decrease property values on Pelican Point Drive. I thank you for your time and thoughtful consideration. I respectfully ask that you deny the above mentioned variance request. Yours Truly, J. Patrick Traynor RECEIVED OTTERTAILCO AUDITOR John W. Berkey Jr. 51598 Pelican Point Drive Detroit Lakes, MN 56501 218-532-2337 25 November 2002 NOV 2 7 2002 FERGUS FALLS. MN Mr. Wayne Stern Secretary Board of Adjustment Otter tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Re: variance application of Herman H. and Lenora Mae Lee 51190 Pelican Point Lane Detroit Lakes, MN 56501 Dear Mr. Stern: My wife, Shaun Berkey, and I are homesteading residents of Pelican Point. We have been here for 36 years. Pelican Point has been a completely developed lake frontage according to the terms of the applicable shoreline ordinances since those ordinances were passed in the 1970s. This letter registers our opposition to the Lee variance request. To build on a 10,726 square foot lot - when 20,000 square feet are required by ordinance - flies directly in the face of the clear and express purpose of the ordinance: to end unregulated, uncontrolled shoreline development. This was development which threatened to mar, congest, and devalue Minnesota lakeshore properties. People rely on the ordinances and laws of their County and state. While we are not immediate neighbors of the Lees, we agree with our immediately impacted neighbors who will see ordinance-protected open space replaced by construction and congestion. Having built a home in the county, citizens should not face devaluation of their investment by a development of the very kind prohibited by the ordinance upon which they relied. Thank you for your attention. The area around Pelican Lake is a good area for development. This is desirable until the development violates ordinances established on behalf of all. (Recently the DNR has had to prevent parties from filling-in[!] a nearby marsh.) Very truly yours, John W. Berkey RECBVEO OHERTAILCO NOV 2 7 2002November 26, 2002 Board of Adjustment Otter Tail County Courthouse 121 West Junis Avenue Fergus Falls, MN 56537 FERGUS l-ALLS, MN Re: Lee Variance Request 51190 Pelican Point Lane We received the enclosed notice and are writing in opposition to the variance request. We walked this property recently and it does not appear that there is any good way to make this into a buildable lot. It is true that the road is vacated, however it is still paved and used by the Lee and Jeffries cottages as an access road. Using the square footage under a traveled road area along with a strip of property from the other side of that road to qualify a lot as a buildable lot is not a good precedent to establish. Although tract does have a large lakeshore frontage, it narrows so rapidly that anything constructed on there more than a small tent will have to be built almost to the lakeshore to fit on the lot. Even if the adjoining areas taken from under the road and Lot 42 were added to the lot to make it “buildable” anything constructed would still have to be built on the original tract. Granting the variance would allow construction on a tract 14 the current minimum size. We hope you will deny the variance request. Si Bradley & Julie Burgum 51442 Pelican Point Drive Bradley & Julie Burgum PO Box 886 Casselton, ND 58012 V, Notice of Hearing for Variance •'••i Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, 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 \A/hom It May Concern: Herman H and Lenora Mae Lee C/0 Anderson Land Surveying 313 S Mill Street Fergus Falls, MN 56537 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 8:00 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 all of Lots 39, 40 and 41 and part of Lots 42 and 43, Block 1, and Lot 1, Block 2, Pelican Point, E911 Address - 51190 Pelican Point Ln Section 4, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is:. ; a variance to add property to Lot 1, Block 2)- Pelican Point (an existing substandard lot of record). Lot 1 as it currently exists has 104’ of lakeshore and Lot 1 contains 10;726.square feet. We would add the vacated road and a portion of Lot 42, Block 1, Pelican Point to Lot 1 to make it have a total of 20,000 square feet. The new tract would have sufficient room for two septio systems. The new tract would be buildable using the current setback regulations, however, we would like to use the string line method for the lake setback in order to better line up with adjacent structures^. Wayy\£/SteCy\/ 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. Herman H and Lenora Mae Lee, % Anderson Land Surveying, 313 S Mill Street, Fergus Falls, MN 56537 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 Falls, 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 « KATHY SMITH & TOM GASH 4060 FULTOH ST 3 ENGLEWOOD, CO 80111-3616 BRADLEY i JULIE BURGUM •:DELIA L SEABURG PO BOK 886 CASSELTON, NI> 58012-0886 51662 PELICAN POINT DR DETROIT LAKES, MN 56501-9484! DAVID A & MARLYS I SUNDERLAND TRAYNOR FAMILY LTD PARNERSHIP J92 WOODCREST DR N FARGO, ND 58102-2153 1310 9TH ST S FARGO, ND 58103-4106 KATHERINE K BURGUM HERMAN H S. LENORA MAE LEE 2501 30TH AVE SW 4204 FARGO, ND 58103-6128 20152 HIGHWAY 9 N BORUP, MN 56519-9665 DONALD GIBB RICHARD t. LINDA R JEFFRIES 2536 UNIVERSITY DR S SUITE G FARGO, ND 58103-5709 2501 30TH AVE SW APT 201 FARGO, ND 58103-6128 DARROL G & DONNA SCHROEDER CAROL SPICHKE TST 3311 PRAIRIEWOOD DR W FARGO, ND 58103-4666 902 SHEYNNE ST W WEST FARGO, ND 58078-2631 HORACE T WHITMAN ET AL TRUSTEE MILTON S. E LARSON PARTNERSHIP 280 PEACH TREE AVE VACAVILLE, CA 95688-4443 1618 7TH ST S FARGO, ND 58103-4234 Richard N. Jeffries Linda R. Jeffries 2501 30th Avenue SW, No. 201 • Fargo, ND 58103 Home Telephone: (701) 239-0043 • Fax: (701) 239-6885 Office Telephone: (701) 280-2300 • Fax: (701) 280-1880 2 6 2002November 25, 2002 Mr. William Kalar Land & Resource Management Ottertail County Courthouse 121 W. Junius, Suite 130 Fergus Falls, MN 56537 Herman H. and Lenora Mae Lee/Notice of Hearing for Variance December 4, 2002 at 8:00 p.m. RE: Dear Mr. Kalar: I am one of the affected landowners concerning the above application for a variance. We will be opposing this application for variance. I have retained Dick Pemberton and Steve Rufer and their law firm to assist me with this. I would appreciate it if you would share any information with them concerning this matter. Thank you. Richard N. Jeffries RNJ/ts Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, 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: Herman H and Lenora Mae Lee C/0 Anderson Land Surveying 313 S Mill Street Fergus Falls. MN 56537 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 8:00 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 all of Lots 39,40 and 41 and part of Lots 42 and 43, Block 1, and Lot 1, Block 2, Pelican Point, E911 Address - 51190 Pelican Point Ln Section 4, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is: a variance to add property to Lot 1, Block 2, Pelican Point (an existing substandard lot of record). Lot 1 as it currently exists has 104’ of lakeshore and Lot 1 contains 10,726 square feet. We would add the vacated road and a portion of Lot 42, Block 1, Pelican Point to Lot 1 to make it have a total of 20,000 square feet. The new tract would have sufficient room for two septic systems. The new tract would be buildable using the current setback regulations, however, we would like to use the string line method for the lake setback in order to better line up with adjacent structures. U/ay(oe'5te<>v Board of Adjustment Secretary Date: November 15, 2002 December 4, 2002 Page 6 Denis Olstad- Approved as modified with a condition. (8:32 p.m.) Denis Olstad, West Fargo, ND, requested a variance of 4’ from the required lot line setback of 10’, and a variance from the required road right-of-way setback of 20’ for the placement of a 14’ by 21 ’ garage 6’ from the lot line and 6’ from the road easement. The property is described as part of Government Lot 8, Section 28 of Dunn Township by Lake Lizzie. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve the placement of a 14’ by 21’ garage 6’ from the south lot line, 10’ from the east lot line and to grant the variance necessary from the road right-of-way for the placement of 14’ by 21’ garage in the location as described above when the Ingress and egress door for,the proposed garage is facing towards the west with the condition that an existing 10’ by 12’ shed must be removed. It should be noted that the 2T measurement will be parallel to the North and South property lines and that the 14’ measurement will be parallel to the East and West property lines. Hardship is a substandard lot of record. It should also be noted that the location of the shed must be brought into compliance with the provision of this variance approval by May 1, 2003. Herman H. and Lenora Mae Lee - Withdrawn . ■ t i-V Herman H. and Lenora Mae Lee, Fergus Falls, MN, requested a variance to add property to Lot 1, Block 2, Pelican Point (an existing substandard lot of record). Lot 1 as it currently exists has 104’ of lakeshore and Lot 1 contains 10,726 square feet. We would add the vacated road and a portion of:Lot 42, Block 1, Pelican Point to Lot 1 to make it have a total of‘20,000 square feet. The new tract would have sufficient room for two septic systems. The new tract would be buildable using the current setback regulations, ' however, we would like to use the string line method for the lake setback in order to better line up with adjacent structures, the property is des^ibed as ail cTf Lots~397?0^d~4Tand’'p^”of'Lots 42 andTS” Block 1, and Lot 1, Block 2, Pelican Point, Pelican Lake in Dunn Township. Letters from. Horace and Laura Whitman, John W. Berkey, Bradley and Julie Burgum, J Patrick Traynor, and^Robert W. Bigwood, and Richard L. Pembertson, Sr, Attorneys for Richard and Linda Jeffreis in opposition to the variance as requested was noted for the record. Prior to the meeting a letter was received informing the Board of Adjustment that the variance request of Herman H. and Lenora Mae Lee was being withdrawn. - Kevin J. Kovar - Approved-remodeling project as requested. (November 14, 2002 - 6:40 p.m.) Approved additional RV Sites. (December 4, 2002 - 8:37 p.m.) 7" •r. Kevin J. Kovar, Frazee, MN, requested the remodeling-of building (cabin) #1; Remodeling is to include replacement of two 8’ by 15’ porches with one 8' by 40’ porch, improve and/or repair the foundation. The cabin is 20’ from the lake with the proposed porch being 30’ from the lake. Currently 7 cabins and 1 dwelling. Proposed 7 cabins, 1 dwelling and 8 RV sites. The property is described as;a 10.29-acre parcel " in GovernmenLLot 7, Section 28 of Hobart Township by Long Lake. November 14, 2002 Meeting -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, tb approve the replacement of two 8’ by 15’ porches with one 8’ by 40’ porch as described in the applicant’s application and as depicted , on the applicant’s drawing. It was noted that the proposed project will be an improvement and that the applicant’s resort is an asset to Otter Tail County. It was also noted that the proposed remodeling project is normal maintenance. After addition discussion and consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to table the discussion regarding the 8 proposed RV sites • as it was unclear, at the time of the hearing, if a variance was needed for these additional sites. December 4, 2002 Meeting - After discussion and consideration, motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve the additional. RV sites (7 units) as approved by the Planning Commission. •■r f--' ■: '! December 03,2002 ;■ Mr. Wayne Stein, Board of Adjustment Secretary Otter Tail County Courthouse 121 West Junius Fergus Falls, MN 56537 T r V ' . tRE: VARIANCE APPLICATION WITHDRAW r Dear Mr. Stein; The property owners, Herman H. and Lenora Mae Lee are withdrawing their variance application for review from the Otter Tail County Board of Adj ustment. 11* ,-t ■ r Sincerely, dames A. Peterson Property Agent ( PEMBERTON, SORLIE, REFER & KERSHNER, P.L.L.P. ATTORNEYS AND COUNSELORS AT LAW Office Also First National Bank Of Henning Henning, MN-Thursday 1-3 Telephone: 218-583-2933 Richard L. Pemberton, Sr.* Oscar J. Sorlie* -H-i- Stephen F. Rufer* +H. Morrison Kershner* -i-i- Robert W. Bigwood Michael T. Rengel* Kent D. Mattson Robert O. Blatti Kristi A. Hastings LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 EERGUS FALLS, MfNNESOTA 56538-0866 TELEPHONE: 218-736-5493 FAX: 218-736-3950 www.ferguslaw.com Wayne Stein Board of Adjustment Secretary Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Bill Kalar Director . . Land & Resource Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 November 25, 2002 Richard and Linda Jeffries Our File #2002-7193 IN RE: Our firm represents Richard and Linda Jeffries who have received a Notice of Hearing for Variance relative to Lots 39, 40, 41 and part of Lots 42 and 43, Block 1 and Lot 1, Block 2, Pelican Point. The hearing is scheduled for Wednesday, December 4, 2002 at 8:00 p.m. We will be present with Mr. and Mrs. Jeffries for the purpose of opposing the grant of this variance. There are a number of reasons why the variance should not be allowed which we will bring out in more detail at the hearing. Suffice to say now that this is an effort to create still one more lot (and a substandard one) in an already crowded beach area on the already extremely crowded Pelican Lake. The so-called "new tract" makes no sense environmentally, from the standpoint of land use planning or on any other basis other than the desire of someone to make money. There is no way that the "new tract" can come into existence without encroaching upon a perpetual easement of way which is owned by the Jeffries running from the adjacent public roadway to the Jeffries' property, if not encroaching upon the Jeffries' fee title property itself. There are crowding, vehicle congestion and ergonomic issues as well. *xUso licensed in North Dakotn, iCivil Trial Specialist eertilied by the Minnesota State Bar Association ++Beal Property Law Sjjccialist certified hy the Minnesota, State Bar Association +++Civil Trial S])ecialist certified hy the National Board of Trial Advocacy a.iid Minnesota State ]3ar Association November 25, 2002 Page 2 I would like to discuss this matter with the Land and Resource Department in advance of the meeting and will be phoning for an appointment to do so. L. Pemberton, Sr.tchari ss Richard and Linda Jeffriescc PEMBERTON, SORLIE, REFER & KERSHNER, P.L.L.P. ATTORNEYS AND COUNSELORS AT LAW Office Also First National Bank Of Henning Henning, MN - Thursday 1 -3 Telephone: 218-583-2933 Richard L. Pemberton, Sr.* Oscar J. Sorlie* +++ Stephen F. Rufer* +H. Morrison Kershner* ++ Robert W. Bigwood Michael T. Rengel* Kent D. Mattson Robert O. Blatti Kristi A. Hastings LAW OFFICE BUILDING 110 NORTH MILL STREET P.O. BOX 866 FERGUS FALLS, MINNESOTA 56538-0866 TELEPHONE: 218-736-5493 EAX: 218-736-3950 www.ferguslaw.com Wayne Stein Board of Adjustment Secretary Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Bill Kalar Director Land & Resource Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN RECEIVED NOV 2 6 ZOOZ56537 LAND & RESOURCE November 25, 2002 Richard and Linda Jeffries Our File #2002-7193 IN RE: Our firm represents Richard and Linda Jeffries who have received a Notice of Hearing for Variance relative to Lots 39, 40, 41 and part of Lots 42 and 43, Block 1 and Lot 1, Block 2, Pelican Point. The hearing is scheduled for Wednesday, December 4, 2002 at 8:00 p.m. We will be present with Mr. and Mrs. Jeffries for the purpose of opposing the grant of this variance. There are a number of reasons why the variance should not be allowed which we will bring out in more detail at the hearing. Suffice to say now that this is an effort to create still one more lot (and a substandard one) in an already crowded beach area on the already extremely crowded Pelican Lake. The so-called "new tract" makes no sense environmentally, from the standpoint of land use planning or on any other basis other than the desire of someone to make money. There is no way that the "new tract" can come into existence without encroaching upon a perpetual easement of way which is owned by the Jeffries running from the adjacent public roadway to the Jeffries' property, if not encroaching upon the Jeffries' fee title property itself. There are crowding, vehicle congestion and ergonomic issues as well. *.Uso licensed in NoHli Dakota iCivil Trial Specialist eertiried by the Minnesota State Bar ,\ss(H iation 1 tHeal Pi'opcM tv Law Sjaa ialist eei tiried by tbe Minnesota, State Bar Ass(H'iation iCivil Trial SpiM'ialist eertifitHl by the National Boaid of Trial Advocacy and Minn(>sota State Bar Association "November 25, 2 002 Page 2 I would like to discuss this matter with the Land and Resource Department in advance of the meeting and will be phoning for an appointment to do so. ichard L. Pemberton, Sr. ss Richard and Linda Jeffriescc