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HomeMy WebLinkAbout17000991800000_Variances_06-02-2011DOC# 10931421093142 llii OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA Certified, Filed, and/or Recorded June 09 2011 10:45 AM Wendy L. Metcalf. Recorder 1093142 Fee: 546,00 Well Certificate [ ] Rec’d R.etjrned To: LAND & RESOURCE By: NDB THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us yApplication Fee ■A hm{j ire'll PHONElD)~ 2Z7-4^o3 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date JZAZSouiU S-hfietf N. QaA". SZ)o2 PpL/cajJ La ke L.PROPERTY OWNER DAYTIME MAILING ADDRESS SG-7LAKE NUMBER LAKE NAME ___LAKE CLASS__ Pu a?aJ E-911 - .ADDRESSJ7y^ JiA^e kd- _______ 737 RANGE ^ OOO ^90990 000 P nooo nnooo SECTION C>^ TOWNSHIP TOWNSHIP NAME yeiic-tir* KAp/<fS )PARCEL NUMBER (YJtJ. LEGAL DESCRIPTION Lot ^3 of Proyo-n 6iath * . LotZy G>Lo(J< ] , Si?«cfr >}cUiTvoY TYPE OF VARIANCE REQUESTED (Please CheckL Sewage System ^ SubdivisionStructure Setback Structure Size Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. f '7'hfS U/i/( 4-LLolj 7"o 3-0 •('leLcl lo 'to Kff'jct To *7 /SOsS^-Pf. ?rcposal ^ l/an^nc-f oP 3' ^ 19\0 -Jr— dx DKdio^^ld. b-L?' h'orn ?»^6DDSai ^2. aVAV.'tiKlLY O-P 3^ ^ U)4'l''0-e, ^ in' OrLiint^VI/f. LDl II 7' 'fvom 17>P UH\n€ . Sgibufk j-b 15 I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. -^r I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ■ PROPERJ^OW 2o/ / 7 DATESIGNATURE OF PROPER OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) a. ao//'?-o3 /°/r?Date Of Hearing Timej Motion Thomas L. Ihringer - Denied the variance as requested. (7:03 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested noting that no practical difficulties had been shown by the applicant that would allow for the granting of the variance as requested. It was noted that the property owner created the need for a variance by the property owner’s choice of both the size and placement of an existing 30’ by 42’ garage on an approximately 66’ wide lot. The Board did not note anything unique to the property that caused the need for a variance. The Board has chosen not to grant the applicant a variance for a self- imposed practical difficulty. C)r^irm^rt75tter Tail Couhty feoard of Adj«fstment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota June 2,2011 Page # 2 Randal John Remer - Approved the variance as requested. (6:50 p.m.) Randal John Remer, part of the Southeast Quarter of the Northeast Quarter, Section 33 of Otter Tail Township by Sherman Lake, requested the following; During construction the contractor placed the home 3’ closer to the high water level than it should have been. As a result, the lakeside of the house has no room for a functioning covered porch. This is a very big livability issue. A lake home without a decent porch is not really a lake home at all. As this home will become my primary residence for many years, this will be a problem for both me and those who come after me. I am looking for a 3’ adjustment in the variance which was previously granted to me from 150’ to 147’. Note: Septic would have to be moved to keep in compliance. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Michael Harris and carried with Randall Mann voting no, to approve the variance as described in the application dated April 20, 2011 and as depicted on the drawing submitted with the application. Concern was expressed that variances should not be granted simply to cover a mistake. It was suggested that the requested variance would be considered reasonable by a reasonable person. The variance as approved does not directly or indirectly grant any other variances for the development of this property; therefore, the septic system will need to be relocated. Frank and Joan Haataja - Approved the variance as requested. (7:00 p.m.) Frank and Joan Haataja, part of Government Lots 1 and 2, Section 15 of Buse Township by Horseshoe Lake and an unnamed lake, requested a variance of 6’ from the maximum allowable height of a non-dwelling structure for the construction of 40’ by 64’ by 18.5’ structure having a peak height of 26’. The maximum allowable height is 20’. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve a variance of 6’ from the maximum allowable height of a non-dwelling structure for the construction of a 40’ by 64’ by 18.5’ structure having a peak height of 26’. The proposed building will be used as part of an existing farm operation. The height and location of the proposed structure will not negatively impact or obstruct the view from any adjacent property. t /Thomas L. Ihringer - Denied the variance as requested. (7:03 p.m.)i,-' Thomas L. Ihringer, Lot 63 Provan Beach and Lot 2 Block 1 Black Dog Addition, Pelican Lake in Dunn Township, requested the following: Request to increase drain field width by 3’ next to garage. This will allow me to enlarge drain field by 150 square feet. Proposal No. 1 - Requesting a variance of 3' to the 30' by 42’ garage for a 10' by 50’ drain field. Drain field will be 7’ from garage or Proposal No. 2 - Requesting a variance of 3’ to the lot line for a 10’ by 50’ drain field. Drain field will be 7’ from the lot line. Required setback is 10’. David Ohm represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. An email in support of the variance as requested from Dave Currier was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested noting that no practical difficulties had been shown by the applicant that would allow for the granting of the variance as requested. It was noted that the property owner created the need for a variance by the property owner’s choice of both the size and placement of an existing 30’ by 42’ garage on an approximately 66’ wide lot. The Board did not note anything unique to the property that caused the need for a variance. The Board has chosen not to grant the applicant a variance for a self-imposed practical difficulty. Matthew-and Joleen Hagen - Approved the variance as requested. (7:08 p.m.) Matthew and Joleen Hagen, Lot 4 Block 2 Qakdale Second Addition, South Turtle Lake in Tordenskjold Township, requested a variance to have Lot 4 Block 2 Qakdale Second Addition declared buildable for residential use. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to declare Lot 4 Block 2 Oakdale Second Addition buildable for residential use. The variance as approved is consistent with previous Board approvals on other lakes. It was noted that the variance as approved will not negatively impact the lake or the adjacent properties. Wayne Stein Dave Currier <dave@dakotafence.com> Friday, May 27, 2011 12:13 PM Wayne Stein Variance Request of Thomas Ihringer June 2,2011 meeting From: Sent: To: Subject: To Whom It May Concern: I’m the property owner next to Thomas Ihringer Fire # 50026. I have reviewed Mr. Ihringer variance request and have no problem with what he is requesting to do. i wouid recommend the board approve his appiication as requested. Thank you, Dave Currier Dakota Fence David L. Currier box 1408 Fargo,ND. 58107 Ph| 701.237.6181 cell 701-793-7175 Fax I 701.293.7811 www.dakotafence.com 1 I I R 17000 qq 19, nonnioTax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. o/I SQUhQE ^ 2 24^'0 %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) .\m~-'D'f/ry~f|qI ~-p~~[~r ^ ...y |t^— S % I o:o:-oo!o: A'-tr 1 7 2' Oi / —ti / (3=/IA 7 iiST t /rs t fetr 3 :s£ ^ /==ti: V, tO ■3>.- 4 - A t 1(0(0 ,(p Q DA¥M < Sighature of PrppW ym mOwnerDate Ca Printffs---FergBK —cui -Lundeen jsIall9..MN..-lreOO-346-4870- IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s); Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: 7J2.L .%X100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE o( Cnti^ Rbcwdir■ liw? -* •\Uxa^. SWw *y«County Auditor by Deputy 118.80STATE DEED TAX DUB HEREON: $ N^fl^ 9H ,19?2_Date: (reserved for recording data) FOR VALUABLE CONfiinERATlON Nell E. Berg and Elaine R. Berg, husband and wife and Alward H. TVnelt and Karw M. TVieit, husband and wife .Gran tor (s),iflisrital «t«tuiiff hereby convey (a) and warrant (s) to Thomas Diringer and Rebecca Ihrinqer. husbauTd am wife, as Joint tenants and not as tenants in cxamion • V'. . Grantee (s),Otter Tall. real property in County, Minnesota, described as follows: •*,y Lot 63 of Provan Beach, Otter Tall County, Minnesota Of more space l« needed, continue on back) together with all hereditaments and appurtenances belonging tiiereto, subject to the following exceptions: I County Of Otter Tall ! State of Minnesota DEED TAX____ . $_M No. TtjuU t mLE. Be1^.Dtie ‘MA. R. Bei ik^ ri. fViel' Ccite^; STATE OF MfittnaSA Ncrnh COUNTY OF ______ 88. The fo^p|nglnrtAunen^u^aotoov^ed^ befoM^e this 2^"^ day of by , Grantor (s). ^ SEAL (oa OTHBB TITLE OR RANK) THisiMunwaMmt was oRArrso by (namb and adorbss) Robert H. Swenson 310 Gate City Building P. 0. Box 2783 Fargo, North Dakota 58108 A.i/yin kA \fPtarc. eiONATVRB or PBR80N TAKING ACKNOWLBDOMENT SwnHo’SSiu/i aame ati SSSnte inetnmant ebeuU SUSAN ML tsSlilNe Not^ Pubfic. SIAT£ OF NO ITH OANOR Conwiisslon Expires SB T. 25^ iggs Thomas Ilirlnger 1342 9th Street South Fargo, North Dakota 58102 Certificate of Estate Value No. J>p}bir^PiP)L. /.\aoo/ §b^__- “ County Auditor this instrument # was filed/recorded in this office tor recojjd on the /V day of AJifA^ .2001 at tr.dC^liim ^ LiMete^f, County R^r^rWen by: by M4 Deputy weii certificate onDEED TAX DUE: $. I(reserved for recording data)fyBPj- £ f ___________________ FOR VALUABLE CONSIDERATION, Steven D. Lenthe, a single person Date:i (marital status) Grantor, hereby conveys and warrants to Thomas L. Hiringer and Rebecca L. Ihringer, husband and wife. _ County, Minnesota, described as follows:Otfftr TailGrantees, as joint tenants, real property in . Lot 2, Block 1, Black Dog Addition to Provan Beach, according to the Plat on file and of record at the office of i the Otter Tail County Recorder with property hereby conveyed to be permanently attached to Lot 63, Provan ! Beach, said Plat on file and of record in the office of said recorder and none of said property shall be conveyed separately. The property hereby conveyed must not be used for residential purposes. Consideration for this transaction is $10,000.00. I together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: taxes and special assftwments payable in the year 2001 which buyers agree to as.siime and pay and subject to easements, rights of way and rftsftrvarinns nf reenrH, zoning and other rules and regulations effecting use nf the aforesaid property.______________________________________________________________________________________________________ Check box if applicable; The Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. !Z] I am familiar with die property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previptlSy filed well disclo^re certificate. g i OATEtU*) Affix Deed Tax Stanfi ISteven D. Lenthe :e ^ ss.STATE OF NORTH DAKOTA COUNTY OF CASS_______ I This instrument was acknowledged before me on by Steven D f .enthe, a single person SIGl/^TUREOF NOTARY PUBUCMOTHER OFFICIAL Check here if part or all of the land is Registered (Tonens) O Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee); Thomas & Rebecca Ihringer 1342 9th Street South Fargo, ND 58103 notarial STAMP (Hi SEAL (OR OTHER TITLE 08 RANK): TAMMY MCGOUGh Nofuiy (''JD!(c State ot konr-: Dakota ' My Corrimissiori cx.o:res Sepf. 14, 2006 o 1 ijii ^iy« j a-n » u I, < < < THIS ttOTRCMENT WAS DRAFTED BY (NAME AND ADDRESS): David T. DeMars DeMars & Turman, Ltd 520 Main Avenue, Suite 600 POBoxllO Notice of Hearing for Variance Otter Tail County Government Services Center SIOFirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - witein@co.6ttertail.mn.us www.co.otter-tail.mn.us Appiicant and/or applicant's representative must be present at the scheduied hearing. To Whom It May Concern: Thomas L. Ihringer ;. ;1342 South 9*'^ Street J r Fargo, ND 58103 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, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The; ‘ Otter Tail County Board of Adjustment will assemble for this hearing on '■i Thursday, June 2,2011 at 6:30 p.m., in the Commissioners’ Room of the Otter Tail County Government Services Ceriter, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center.. :The second left off Fir Ave.) Individuals requiring speciai accommodations should contactthe County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lot 63 Provan Beach and Lot 2 Block 1 Black Dog Addition, Property Address - 50033 Fish Lake Road Section 9, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Peiican, Class- GD . The yariance requested is - the following: Request to increase drain field width by 3’ next to garage. This will allow me to enlarge drain field by 150 square feet. Proposal No. 1 - Requesting a variance of 3’ to the 30’ by 42’ garage for a 10’ by 50’ drain field. Drain field will be 7’ from garage; )G.; or ■J -•T-'v" -:Proposal No. 2 - Requesting a variance of 3’ to the lot line for a 10' by 50’ drain field,' Drain field will be 7’ from the lot line;. , Required setback is 10’. Stein Board of Adjustment Secretary Date: May 12, 2011 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 16th, day of May, 2011 the attached Notice of Hearing for Variance was duiy served upon the individuals listed below and/or included in the attachment: Thomas & Rebecca Ihringer, 1342 9*^ St. S., Fargo, ND 58103 4106 Faye Engkjer, Twp Clerk of Dunn, 51628 Pelican PT Dr, Detroit Lakes, MN 56501 Pelican Lake Assoc., Pelican Group Lake Impt. Dist, 5 Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®‘Ave N. Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights Tri, Richville, MN 56576-9672 Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572 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: May 16th, 2011 Wayne Stein, Secretary Otter Tail County Board of Adjustment \} mc^ S)-By: Vi Manderud ALTENGERND TSTS 3402 7TH ST S MOORHEAD MN 56560 5542 CHARLES I & ROBERTA W CARNEY 2831 27TH ST S FARGO ND 58103 5032 SEAN & NINA M CARROLL 3470 LAWNDALE LN N PLYMOUTH MN 55447 1694 THOMAS & REBECCA IHRINGER 1342 9TH STS FARGO ND 58103 4106 HACKSTAFF TST 96 CANONGATE LN LITTLETON CO 80130 3981 ELAINE M FUNFAR LLC 4293 COVENTRY DR S FARGO ND 58104 4252 LE PETOMANE PROPERTIES LLC 6903 RIVERDALE DR HORACE ND 58047 5712 PATRICIA L LYSFORD 7168 218TH ST N FOREST LAKE MN 55025 9105 DONALD JOHNSON 49951 FISH LAKE RD DETROIT LAKES MN 56501 9450 JASON OHMANN 16254 73RD PL N MAPLE GROVE MN 55311 4522 MARK M & BARBARA J MALMBERG 432 10TH ST N OAKES ND 58474 1011 BEVERLY J NELSON 49981 FISH LAKE RD DETROIT LAKES MN 56501 9450 PELICAN STATION LLC 3031 PETERSON PKWY FARGO ND 58102 1733 DONNA M OLSON LLC MARK L & JOAN E OTTIS 5350 166TH AVE SE KINDRED ND 58051 9603PO BOX 2365 FARGO ND 58108 2365 SHORES TSTS 55 DESIREE DR GRAND FORKS ND 58201 8093 ORVILLE & ANNETTE THORSON 49968 FISH LAKE RD DETROIT LAKES MN 56501 9450 KENNETH & RAYETTA SENN 912 3RD AVENE DILWORTHMN 56529 2107 JUDITH TRIEBWASSER 4444 CARRIE ROSE LN FARGO ND 58104 6818 GARY H & DELLA VIESTENZ 50005 FISH LAKE RD DETROIT LAKES MN 56501 9449 TO THE PUBLIC DOUGLAS A & ELOYES J WINTER 50053 FISH LAKE RD DETROIT LAKES MN 56501 9449 VICKI SMITH WILLIAMS ET AL 1622 8TH STS FARGO ND 58103 4240