HomeMy WebLinkAboutClitherall Lake Campground_10000110071002_Variances_10-06-1994?f;S073
APPLICATION FOR VARIANCE
FROM
OTTER TAIL COUNTY, MINNESOTA Receipt No.
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VARIANCE REQUESTED IS:
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Office of County Recorder
County of Otter Tail
I her^y certify that the within instrument was nied
e^^^^oflice^^efor r __ day ot
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County Recorder
_____Deputy
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail
County.
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Application dated signature 01 Applicant
,9^^ 6>. Time:MDate of hearing;
MOTION AS FOLLOWS: ^
Motion was made by Craig Anderson, seconded by Carl Johnson and unanimously carried, to
approve a variance of 10' from the required road right-of-way setback of 20' for the
construction of a 10' by 28' addition to an existing garage being 10' from the road right-
of-way at the closest point with the condition that the side walls of the addition will
not exceed 54" and that the roof line of the existing garage will be continued.
Chairman
Otter Tail County Board of AdjustmentXNOYESPermit(s) from Land & Resource Management required:
mailed copy of Application to Applicant.
(Date/Initial)
MKL — 0483-001
258.371 — Victor Lundeen Co.. Printers. Fergus Falls. Minr>esota
October '6th, 1994
Page 4
Mark Hanson - Approved
Mark Hanson, Fergus Falls, MN, requested a variance to subdivide a parcel of less than 2.5
acres and to permanently attach to the adjacent parcel. The applicant currently has a
1.92 acre parcel. After the split the applicant would have a 1.49 acre parcel and the
adjacent parcel would be 1.93 acres. The applicant request permission to subdivide
without platting. The property is described as the West 515' of the North 162' of NWl/4
SWl/4, Section 29 of Aurdal Township. The secretary reported that Verlin Menze, Aurdal
Township Chairman, had called the office to state that the township had no objections to
Mr. Hanson's variance request. The audience was polled with no one speaking for or
against the request. After consideration, motion was made by Randall Mann, seconded by
Craig Anderson and unanimously carried, to approve a variance to subdivide a parcel of
less than 2.5 acres and to permanently attach to the adjacent parcel subject to the
condition that a registered surveyor's drawing will be presented at the time of recording.
Richard H. Peterson - Approved
Richard H. Peterson, Battle Lake, MN, requested a variance of 10' from the required road
right-of-way setback of 20' for the construction of a 10' by 28' addition to an existing
garage being 10' from the road right-of-way at the closest point. The property is
described as part of Government Lots 3 and 4 and part of the NWl/4 SWl/4, Section 11 of
Clitherall Township on Clitherall Lake. The audience was polled with Kathryn Deutsch
speaking to the variance request. The Board of Adjustment members were provided with a
letter written on behalf of Paul and Kathryn Deutsch, by Robert W. Bigwood, Attorney.
After consideration, motion was made by Craig Anderson, seconded by Carl Johnson and
unanimously carried, to approve a variance of 10' from the required road right-of-way
setback of 20' for the construction of a 10' by 28' addition to an existing garage being
10' from the road right-of-way at the closest point with the condition that the side walls
of the addition will not exceed 54" and that the roof line of the existing garage will be
continued.
LeRoy M. Caron - Tabled
LeRoy M. Caron, Perham, MN, requested a variance of approximately 41' from the required
ordinary high water level setback of 75' and a variance of approximately 3.5' from the
required shore impact zone setback of 37.5' for the construction of an 8' by 16' addition
to an existing garage structure approximately 34' from the ordinary high water level. The
property is described as Lots 37, 38 and 39, Nedberg-Nye Subdivision, Devils Lake in Edna
Township. The applicant was not in attendance at the hearing. After consideration,
motion was made by Carl Johnson, seconded by Cecil Femling and unanimously carried, to
table the variance request until the October 13th, 1994, meeting.
/
October ^6th, 1994
Page 3
Roger Bredahl - Approved
Roger Bredahl, Minot, ND, requested a variance of approximately 1 to 1.5' from the
required 10' holding tank setback for the construction of a garage approximately 8.5 to 9'
from the holding tank. The property is described as Lot 7, Block 2, Amended Plat of
Subdivision of Res. A, B, C, and D of Haggstrom's Beach, Pickeral Lake in Maine Township.
Jeff Bredahl represented the applicant at the hearing. The audience was polled with no
one speaking for or against the request. After consideration, motion was made by Randall
Mann, seconded by Cecil Femling and carried with Craig Anderson voting no, to approve a
variance of approximately 1 to 1.5' from the required 10' holding tank setback for the
construction of a garage approximately 8.5 to 9' from the holding tank with the condition
that the existing storage shed must be placed in a legal location. Hardship being a
substandard lot of record.
George E. Gouette - Approved
George E. Gouette, Dent, MN, requested a variance of 15' from the required road right-of-
way setback of 20' for the construction of a 7' by 8' addition to an existing dwelling 5'
from the road right-of-way. The property is described as the East 67' of Lot 1 and that
part of Lot 6 across the road. Evergreen Glen, Star Lake in Star Lake Township. The
audience was polled with no one speaking for or against the request. After consideration,
motion was made by Craig Anderson, seconded by Cecil Femling and unanimously carried, to
approve a variance of 15' from the required road right-of-way setback of 20' for the
construction of a 7' by 8' addition to an existing structure 5' from the road right-of-way
being no closer to the road right-of-way or the ordinary high water level than the
existing structure. Hardship being a substandard lot of record.
Lee J. Ninde - Approved
Lee J. Ninde, South St. Paul, MN, requested a variance of approximately 40' from the
required ordinary high water level setback of 150' and a variance of approximately 6.5'
from the required road right-of-way setback of 20' for the construction of a 12' by 24'
addition to an existing cabin approximately 110' from the ordinary high water level and
approximately 13.5' from the road right-of-way. The property is described as part of
Government Lot 8, Section 4 of Otter Tail Township on Otter Tail River. The audience was
polled with no one speaking for or against the request. After consideration, motion was
made by Carl Johnson, seconded by Craig Anderson and unanimously carried, to approve a
variance of approximately 40' from the required ordinary high water level setback of 150'
and a variance of approximately 6.5' from the required road right-of-way setback of 20'
for the construction of a 12' by 24' addition to an existing cabin approximately 110' from
the ordinary high water level and approximately 13.5' from the road right-of-way. It
should be noted that the addition will be no closer to the road right-of-way or the
ordinary high water level than the existing structure. Hardship being a substandard lot
of record.
PEMBERTON, SORLIE, SEFKOW, RUFER & KERSHNER
ATTORNEYS AND COUNSELORS AT LAW
LAW OFnCE BUILDING
1002 BROADWAY AVENUE
WHEATON, MINNESOTA 56296
TELEPHONE: (612) 563-8155
FAX: (612) 563-8156
OFFICES ALSO
FIRST NATIONAL BANK OF HENNING
HENNING, MN - THURSDAY 1-3
TELEPHONE: (218) 583-2933
LAW OFFICE BUILDING
110 NORTH MILL STREET
P.O. BOX 866
FERGUS FALLS, MINNESOTA 56538-0866
TELEPHONE: (218) 736-5493
FAX: (218) 736-3950
AMERICAN BANK MOORHEAD
ROTHSAY, MN - TUESDAY A M.
TELEPHONE: (218) 867-2121 RICHARD L PEMBERTON •
OSCAR J. SORLIE, JR. ♦
+ STEPHEN F. RUFER*
ROBERT). SEFKOW*
+ H. MORRISON KERSHNER *
++ ROBERT W. BIGWOOD
MICHAEL T. RENGEL*
MARK S. STOLPMAN
CORENIA A. KOLLASCH"
KENT D. MATTSON
RACHEL J. DYMOKE"
SCOTT E. DYMOKE*
Otter Tail County Board of Adjustment
c/o Mr. Wayne Stein, Secretary
121 West Junius
Fergus Falls, MN
RECr'VIiD
OTTER TAIL CO. AUDITOR56537
SEP e 7
September 23, 1994 FERGUS PALLS, MN
Variance Application of Richard H. Peterson
Our File No. M94-7245
IN RE:
Paul and Kathryn Deutsch have asked this firm to respond on
their behalf to the variance application of Richard H.
Peterson for a variance from road right of way setback
requirements. Mr. and Mrs. Deutsch are the owners of the
property immediately adjacent to and surrounding the property
owned by Mr. Peterson. They object to a granting of the
variance requested.
As the Board is aware, variances from the standards of the
Shoreland
circumstances, including among other requirements that the
condition causes a hardship unique to the property, is
necessary in order to secure a right enjoyed by other owners
in the same area, and that the granting of the variance will
not be contrary to the public interest. The application does
not meet these requirements.
Mr. Peterson currently has a three-stall garage on his
property. The requested variance is to add a fourth stall to
the garage. This is not a hardship nor a necessity.
exceptionalrequireOrdinanceManagement
In addition, they cannot tell just where the present garage
sits in relation to the 66-foot town road right of way.
Mr. Peterson has said that the present garage is 53 feet from
the centerline of the improved portion of the road, but that
may or may not be the same as the centerline of the town road
right of way.
•ALSO UCENSED IN NORTH DAKOTA "SOUTH DAKOTA —WISCONSIN
-•CrVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
•H-REAL PROPERTY LAW SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
Page 2
September 23, 1994
Finally, and most importantly, they are year-round residents
who use this road (Mr. Peterson is not a year-round
resident). They are concerned, and their concern is shared
by Clitherall Town Board Chairman, Carl Gilbertson, that
plowing this road in the winter would become more difficult
if this setback encroachment were permitted, as this would be
near the end of where the snowplow operates on this road. In
addition, the garage addition would be at a sharp curve in
the road. More so than in other circumstances, allowing
structures to be erected close to the outer side of a curve
would create an added danger for Mr. and Mrs. Deutsch and for
other members of the public who use this road.
Mr. and Mrs. Deutsch are uncertain whether they can attend
the scheduled hearing and ask that you take these comments
into consideration,
matter.
Thank you for your attention to this
Robert W. Bigwood
dl94266.1/3
Mr. and Mrs. Paul Deutschcc:
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^ (“' o '■“ o/4\(.. lb COA »>/U /-\i\/The Northwest Quarter of the Southwest Quarter, Government Lot 4 and /i
^ othe West 148.30 feet of Government Lot 3, all being in Section 11,!
- Xijtter Tail County, Minnesota, lying northerlyTownship 132» Range 40,/16, Except theand westerly of the centferline of County Ditch No•
following described land;
The North 400.00 feet jf the East 200.00 feet of said Northwest
Quarter of the Southwest Quarter and the West 148.50 feet of the
North 400.00 feet of ssid Government Lot 3.;
Also except that part off said Northwest Quarter of the Southwest
Quarter and said Governnfent Lot 4, lying westerly of the following