HomeMy WebLinkAboutLake Side Camp_20000310190001_Variances_12-05-2001I a-5-soo)
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA894657I hereby certify that
this instrument # 85^4657
was filed/recorded in this office for record on the I 3 day of
2001 at i;i:M^am
Wendy L. Metcalf, County peco|;f|er
by: 4 Q.^iDeputy
0__.recording fee (j
__^well certificate
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***
Application Fee
Receipt Number /
'^\c]noird IaJi^I^C____
HOzzS ViAfUe-uVA.
2|g-7^^-Z7 77
(V^t
PROPERTY OWNER DAYTIME PHONE
ADDRESS
LAKE NUMBER
SECTION
N&LAKE NAME 'PtY\t'
TOWNSHIP
fT-ouo - 3^"
LAKE CLASS
Qt)RANGE TOWNSHIP NAME
PARCEL NUMBER lidFIRE / LAKE I.D. NUMBER
LEGAL DESCRIPTION
'fo{At Govf • Lc>f5 G ^ 1(ALL
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback X Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED
-to 0<. zoo'
(f[j(jlA/y\dAJyj
'Ht
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.
IU
9I0NATURE OF PROPEFITY OWITER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
* >December 5, 2001
Page 2
rP0V
L & R Official/D^e 'Accepted By Land & Resource
* 6:V3/3L/S-/0/TimeDate Of Hearing
Motion
Richard Wieler - Denied.
Motion was made by Steve Schierer, second by Mark Steuart and unanimously carried, to deny the variance as
requested noting the following;
1. this is the third time the Board of Adjustment has heard this request and there has been no significant
change in the request or the information submitted,
2. the Board of Adjustment would not have approved this request had the request been made prior to the
construction of the structure,
3. there are other possible sites on this approximately 18 acre parcel which would meet the required 200’
setback, and
4. no adequate hardship unique to the property had been shown that would allow for the granting of the
variance as requested.
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
LR Official/Date
bk 0198-001
291.306 • ViClOf Lundeeo Co . Printers • Fergus Falls. Minnesota
MINUTES OF THE MEETINGOF THE I
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Wednesday, December 5, 2001
The Otter Tail County Board of Adjustment met Wednesday, iDecember 5, 2001, with the following persons in
attendance:
Rod Boyer
David Holmgren
Steve Schierer
Pat Eckert, Land and Resource Management
Cecil Femling
Randall Mann
Mark Steuart
□even Nice, Assistant County Attorney
Call to Order-
Randall Mann, Chair, called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved -
Hearing no corrections or additions the minutes of the November 1, 2001 meeting was approved as mailed.
The following variance requests were heard:
Norman Wheeler - Approved as requested
Norman Wheeler, Dent, MN, requested a variance to place a drain field 17 to 18’ into the road right-of-way.
The drain field will be approximately 4’ from the traveled surface of the road. The required road right-of-way
setback is 10’. The property is described as Lot 1, Kozelnik’s Beach Third Addition, Big McDonald Lake in
Edna Township. A letter from Edna Township noting that the applicant will be responsible for any damages to
the drain field which result from general traffic or road constriuction/maintenance was read for the record. The
audience was polled with no one speaking for or against thej request. After discussion and consideration,
motion was made by David Holmgrem, second by Cecil Ferriling and unanimously carried, to approve a
variance for the placement of a drain field 17 to 18’ into the r;oad right-of-way. It was noted that the drain field ■
would be approximately 6’ from the traveled surface of the road. It was also noted that had the variance been
requested prior to the installation of the drain field the request would have been approved. The granting of
the variance as requested will allow the applicant the ability to enjoy the same rights and privileges as others
in the immediate area. In addition, it was also noted that the granting of the variance as requested has no
negative impact on the applicant property or the surrounding area. Hardship is a substandard lot of record.
Richard Wider - Denied.
Richard Wieler, Dent, MN„ requested a variance to allow a 24’ by 28’ structure to remain less than 200’ from
the ordinary high water level. The structure is approximately 141’ from the ordinary high water level. The
required setback is 200’. The property is described as part of Government Lot 6 and 7, Section 31 of Edna
Township by Pine Lake. 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 Mark Steuart and unanimously
carried, to deny the variance as requested noting the following:
1. this is the third time the Board of Adjustment has heard this request and there has been no
significant change in the request or the information submitted,
2. the Board of Adjustment would not have approved this request had the request been made prior to
the construction of the structure,
3. there are other possible sites on this approximately 18 acre parcel which would meet the required
200’ setback, and ■ I. . ■4. no adequate hardship unique to the property had been shown that would allow for the granting of
the variance as requested. .
Print Key Output Page 1 12/13/01 14:56:265769SS1 V4R5M0 000526 OTTER
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QPADEV0090
MSAMUELS
TC906D 30 T56 ACS Tax System Bill No. Parcel No.
R 20000310190001
InquiryAdditional Legal LinesNameRICHARD H & MARCIA WIELERR 02002
Book/Page PT GLS 6 & 7 COM NW COR GL 6,S 719.6', E 436.7', S 840' TO BG, N 840', ELY ALONG RD 572.77', S 29 DEG E 299.23' N 80 DEG E 95.51' N 34 DEG E 205.28', N 23 DEG W 218.26', E 7.78' TO RD, N 67 DEG E 226.88', N 175 ' , E 307.07', S 12 DEG E 460' TO LK, .111 LK 671', SW 73' TO LK, NWLY & WLY ALONG LK TO PT S OF BG N TO BG
/
SLY ALONG
Action?
»
ACKNOWLEDGEMENT
I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE
i.
OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING
COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT
. ' I
BE ABLE TO VIEW THE PROPERTY FOR' WHICH A CONDITIONAL
USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER.
A RESULT, IT MAY NOT BE POSSIBLE; FOR OTTER TAIL COUNTY
TO.MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60.
AS
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 iHAVE NO ALTERNATIVE BUT
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 DENY THE APPLICATION.
TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY
......APPLICATION.
V ,V
APPLICANTDATED
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1®"^ & MCH 1®"^
FORMLTRS/6 ODAYACK
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Notice of Hearing for Variance
Otter Taii 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
C.'-
Applicant must be present at the scheduled hearing.
To Whom It May Concern:
Richard Wieler
40225 Purlieu Rd
Dent, MN 56528
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 5, 2001, at 6:30 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
' ' ipart of Government Lot 6 and 7,
E911 Address-40225 Purlieu Rd
Section 31, Township 136, Range 40 - Township Name - Edna
Lake No. 56-384, Lake Name - Pine, Class - NE
The variance requested is:
a variance to allow a 24’ by 28’ structure to remain less than 200’ from the ordinary high water level. The
structure is approximately 14T from the ordinary high water level. The required setback is 200’.
LUr.
Board^ Adjustment Secretary
Date: November 16, 2001
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 19th, day of November, 2001 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Richard Wieler, 40225 Purlieu Rd, Dent, MN 56528
Lynne Brokke, Twp Clerk of Edna, 42754 Engstrom Beach RD, Dent, MN 56528
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:
David H. Holmgren, RR 1 Box 188B, Henning, MN 56551
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
Mark Trites, 707 N. Otter Ave, Parkers Prairie, MN 56361
Mark Steuart, RR 1 Box 82, Richville, MN 56576
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 19th, 2001
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
0-
LOUIS J & ELAIWE A HOMER
38736 BEAVER DAH RD
DEHT, MM 56528-9525
ROBERT t. BEVERLY ALBERTS
40240 BEAVER DAH RD
DEHT, KM 56528-9106
RICHARD H & MARCIA WIELER
40225 PURLIEU RD
DEMT, MM 56528-9108-f
4-5'20Ol
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was filed/recorded in this office
for record on the day of x
ZTJjn C 2001 at H'OO/^urmm
Wendy L^tcalfyCr^ty Recorder—^
by: DeputynCj H.Mo recording fee
c/ ^ well certificate
883298
883298
L'X
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739-2271
oo*** COMPLETE THIS APPLICATION IN BLACK INK***/SO-'Application Fee
Receipt Number
•RlC-HARn WIEZ,£P
PMgLlixU- RO
DAYTIME PHONE 7S^'Z77?PROPERTY OWNER
ADDRESS
P/N)g LAKE CLASSLAKE NUMBER LAKE NAME
SECTION SI TOWNSHIP ld>lp RANGE ^0 TOWNSHIP NAME
FIRE / LAKE I.D. NUMBER f^~\______Vi022£~PARCEL NUMBER
LEGAL DESCRIPTION
LohL><l - /XZZUl^cAuO
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback _X__Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED
cL^tcioAeti
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 ALSeSJNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
V
JZ-/C.1-00>::a/Mzz2-A2:====-siGrKTUREOFPROPiRTYOWNERA DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
. 3/June 7, 206i
Page 11
inf)^
aJ] ti"O'
J
fj
Ll r a <- ■^ ■ -)
2M_Jt'±:ooAccepted By Land & Resource
L & R Official/Date
Time A ■/c^T ‘^00/Date Of Hearing
/
$000LJUt^
Motion
Richard Wieler - Denied
Motion was made by Mark Steuart, second by Randall Mann and carried, with Steve Schierer voting no and with Frank
Lachowitzer abstaining to deny the variance as requested as no adequate hardship unique to the property had been
shown. After additional discussion and consideration, a motion was made by Mark Steuart, second by David
Holmgren and unanimously carried, to required that the structure be either removed or placed in a location complying
with the setback requirements of the ordinance on or before October 31, 2001.
iirman/OtterTaiTCounty Bo of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
(’//3/a/Copy of Application Mailed to Applicant And the MN DNR
LR Official/Date
bk 0198-001
291.306 • Victor Lundoen Co.. Priniort • Forgus FalU. Minnesota
I am asking for a variance from the setback requirements of the ordinance for a 24' x 28'
building constructed on our property in accordance with to Conditional Use Permit #5619.
The reasons I am asking for the variance are set forth below.
In 1998 1 applied for a Conditional Use Permit to construct a 24' x 28' building for dwelling
purposes as a part of our camp. Prior to the hearing before the Planning Commission, I
had staked out the location of the building. After the location of the building had been
staked out, members of the Planning Commission and Land and Resource Management
inspected the property and the location of the building as proposed and staked.
Thereafter, the Conditional Use Permit was approved and we began building our new
building. After completion of the construction, I discovered that the location of the building
was in violation of the setback requirements under the ordinance. Unfortunately, when the
site was inspected prior to the Conditional Use Permit hearing, no one realized or told me
that the location of the building violated the ordinance.
I believe that the building, as constructed, conforms with the setbacks of the adjoining
buildings under the “string test” of the ordinance. The dwelling owned by the adjoining land
owner to the east of the our property is located approximately 15' to 20' from the shoreline.
•In addition, the cabins located on the easterly end of our property are located
approximately 20' from the shoreline. Both of the building on our property, on either side
of the new buildings are located the same distance as or closer to the shoreline than the
new building. Also, even though the dwelling located on the adjoining property to the west
of our property has a setback of approximately 200', application of the “string test” would
appear to allow the building to be placed in its current location. Please note that the
building as constructed is located behind trees and vegetation so that it is screened and
not readily visible from the lake.
The location for the building was chosen for a number of reasons. First, since the building
does not have any plumbing, accessibility to the existing restroom facilities was important
for all campers, especially those with disabilities, and the current location is between the
existing facilities, the male shower and bath facilities on one side and the female bath and
shower facilities on the other side. Unfortunately, there is a rise located behind the building
and a septic system drain field for the property is located behind the rise. The area to the
west is the location of another drain field. The area to the northwest is a wooded
valley/drainage area, which serves as a filtration basin. Removal of the trees arid building
excavation would increase run off and erosion and would conflict with Section 11 (3)(a) of
the ordinance. The structure could not have been placed other than its current location.
Other potential locations for the building would create significant problems for accessibility
to the shower and bath facilities, would require the removal of a substantial number of
trees and vegetation which are not only environmentally important but also serve to provide
a buffer between the camp and the surrounding land owners, and would create safety and
supervision concerns.
There is an existing shop building on the premises and a house available as a year-round
dwelling which is also the kitchen and dining facility for the camp. As a condition of
receiving the variance, I would accept a requirement that the old shop building be removed
or that the existing house be used only as a kitchen and dining facility and not as a dwelling
unit.
Please consider this variance application in light of all of the foregoing circumstances. It
is unfortunate that when the site was inspected, no one realized that the location of the
building was in violation of the setback requirements. Notwithstanding that, we believe that
the building location is permissible under the string test. We also believe there is a
hardship permitting the variance under the ordinance since the unique use and purpose
of the facility was for dwelling and since it has no bath or plumbing facilities, the location
of the building and access to the existing bath and shower facilities it is important. Any
other location would interfere with the existing drain fields, or require substantial removal
of trees and excavation, in violation of the ordinance, and creating more erosion and run
off. The variance will not be contrary to public interest nor damage the rights or property
values of any adjoining land owners and the use is permitted under the ordinances of the
County. I do not believe that granting this variance would create a precedent because of
the unique circumstances of the property, the unique circumstances of the building itself,
a dwelling unit without bath or plumbing facilities and for the other reasons set forth above.
Thank you for your consideration of my application.
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
IDAYS OF THE RECEIPT OF THE COMPLETED APPLICATION.
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.
jZ- d-c6
APPLICANTDATED
THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1^'^ & MCH
FORMLTRS/60 DAYACK
June 7, 2001
Page 4
Dennis C. Edwards - Approved
Dennis C. Edwards, Wolverton, MN, requested a variance of 60’ from the required ordinary high water level
setback of 100’ for a 16’ by 24’ second story addition to an existing structure 40’ from the ordinary high water
level. The property is described as Lot 7, Kozelnick Beach Second Addition and part of Government Lot 2,
Section 18 of Edna Township by Big McDonald Lake. The audience was polled with no one speaking for or
against the request. After consideration and discussion, motion was made by Steve Schierer, second by Cecil
Femling and unanimously carried, to approve a variance of 60’ from the required ordinary high water level
setback of 100’ for a 16’ by 24’ second story addition 40’ from the ordinary high water level. It was noted that
the addition will be on the existing foot print, meets the string line test and that the adjacent properties on
either side have two story structures. Hardship is a substandard lot of record.
Richard Wieler - Denied
Richard Wieler, Dent, MN, requested a variance to allow a 24’ by 28’ structure less than 200’ from the ordinary
high water level. The structure is approximately 14T from the ordinary high water level. The property is
described as part of Government Lots 6 and 7, Section 31 of Edna Township by Pine Lake. April 5, 2001
Meeting - The audience was polled with Robert Alberts expressing concerns with the applicant’s request and
noting that no current development has been this close to the water. R. Kristian Svingen, Attorney, appeared
with and represented the applicant at the public hearing. Mr. Svingen, noted hardships applicable to the
application, the application of the string line to the present location of the structure as described within the
ordinance, the applicant’s willingness to remove a small shop and the possible replacement of the existing
dining hall within 5 years, providing the applicant with reasonable use of the property and that the granting of
the variance would not alter the essential characteristics of the area. After discussion and consideration,
motion was made by Steve Schierer, second by David Holmgren, and unanimously carried, to table the
applicant request until the May meeting of the Board of Adjustment so that the applicant would have an
opportunity to consider the possibility of removing the five cabins located very near to the lake. The applicant
and Board acknowledged the waiver on file permitting the action to table the applicant’s request until the May
meeting. May 3, 2001 Meeting - After discussion and consideration, the Board agreed by general consent to
table, as requested by R. Kristian Svingen, Attorney, final action on this request until the June 7, 2001 meeting
of the Board of Adjustment with the condition that the Secretary of the Board forward a letter to Mr. Wieler and
to Mr. Svingen noting that the variance hearing must be concluded and resolved at the June 7, 2001 meeting.
June 7, 2001 meeting - R. Kristian Svingen, Attorney, appeared with and represented the applicant at the
public hearing. The audience was polled with no one speaking for or against the request. Mr. Svingen,
Attorney, presented information as to why the Board should consider approving the requested variance. He
noted the history of the building (planning commission), the cluster development, its use as a language camp
and the fact that during the summer it is not visible from the lake. After consideration and discussion, a
motion was made by Mark Steuart, second by Randall Mann and carried, with Steve Schierer voting no and
with Frank Lachowitzer abstaining to deny the variance as requested as no adequate hardship unique to the
property had been shown. After additional discussion and consideration, a motion was made by Mark Steuart,
second by David Holmgren and unanimously carried, to required that the structure be either removed or
placed in a location complying with the setback requirements of the ordinance on or before October 31,2001.
OTTER TAIL COUNTY
OFFICE OF THE COUNTY AUDITOR
121 JUNIUS AVE W.
E-Mail wstein@co.ottertail.mn.us
OTTER TAIL COUNTY COURTHOUSE
FERGUS FALLS, MN 56537
____________(218) 739-2271, EXT. 240
May 18, 2001
Richard Wieler
40225'Purlieu Rd
Dent, MN 56528
Dear Mr. Wieler,
Please be advised that the Otter Tail County Board of Adjustment has scheduled their next meeting for
Thursday, June 7, 2001, in the Otter Tail County Commissioners’ Room of the OtterTail County Courthouse
located at 121 W. Junius Ave., Fergus Falls, MN.
■K.1Your variance request, which was tabled at the May 3, 2001 Board of Adjustment meeting has been
rescheduled for the June 7, 2001, meeting. I have enclosed a copy of the June 7, 2001, agenda for your
information and reference.
As noted in my previous letter dated May 4, 2001 the Board of Adjustment fully intends to complete your hearing
at the June 7, 2001 meeting. Please be fully prepared forthe June 7, 2001 meeting as the Board of Adjustment:. .
has indicated that they will take final action on that date and that they will not consider tabling the request again.
If you should have any questions please feel free to contact rne. Thank you very much.
Sincerely,
Wayne Stein
County Auditor
CC;' R. Kristian Svingen
Svingen, Athens, Russell, Hagstrom, Haugrud & Karkela PLLP
PO Box 697
Fergus Falls, MN 56538
OTTER TAIL COUNTY
OTTER TAIL COUNTY COURTHOUSE
FERGUS FALLS, MN 56537
(218) 739-2271, EXT. 240
OFFICE OF THE COUNTY AUDITOR
121 JUNIUS AVE W.
E-Mail wstein@co.ottertail.mn.us
May 4, 2001
Richard Wieler
40225 Purlieu Rd
Dent, MN 56528
Dear Mr. Wieler,
Please be advised that on Thursday, May 3, 2001 the Otter Tail County Board of Adjustment took action to table
your variance hearing until the June 7, 2001 meeting of the Board of Adjustment. This action was taken per the
verbal request of R. Kristian Svingen, Attorney, which was received by my office on April 26, 2001.
When the Board of Adjustment took this action they directed me to advise you that the Board will take final
action concerning your request at the June 7, 2001 meeting. Please be fully prepared for the June 7, 2001
meeting as the Board of Adjustment has indicated that they will take final action on that date and that they will
not consider tabling the request again.
Please be advised that I will forward a copy of the agenda for the Thursday, June 7, 2001 meeting after the
agenda has been fully established on May 17, 2001. If you should have any questions please feel free to
contact me. Thank you very much.
Sincerely,
Wayne Stein
County Auditor
CC:R. Kristian Svingen
Svingen, Athens, Russell, Hagstrom, Haugrud & Karkela PLLP
PO Box 697
Fergus Falls, MN 56538
May 3, 2001
Page 4
Previously Tabled and Scheduled for the May 3, 2001 Meeting -
Richard Wieler - Tabled
Richard Wieler, Dent, MN, requested a variance to allow a 24’ by 28’ structure less than 200’ from the ordinary
high water level. The structure is approximately 141’ from the ordinary high water level. The property is
described as part of Government Lots 6 and 7, Section 31 of Edna Township by Pine Lake. The audience was
polled with Robert Alberts expressing concerns with the applicant’s request and noting that no current
development has been this close to the water. R. Kristian Svingen, Attorney, appeared with and represented
the applicant at the public hearing, Mr. Svingen, noted hardships applicable to the application, the application : ;
of the string line to the present location of the structure as described within the ordinance; the applicant’s
willingness to remove a small shop and the possible replacement of the existing dining hall within 5 years,
providing the applicant with reasonable use of the property and that the granting of the variance would not
alter the essential characteristics of the area. After discussion and consideration, motion was made by Steve
Schierer, second by David Holmgren, and unanimously carried, to table the applicant request until the May
' meeting of the Board of Adjustment so that the applicant would have an opportunity to consider the possibility
of removing the five cabins located very near to the lake. The applicant and Board acknowledged the waiver
on file permitting the action to table the applicant’s request until the May meeting. May 3, 2001 Meeting -
After discussion and consideration, the Board agreed by general consent to table, as requested by R.'Kristian
Svingen, Attorney, final action on this request until the June 7, 2001 meeting of the Board of Adjustment with
the condition that the Secretary of the Board fonward a letter to Mr. Wieler and to Mr. Svingen noting that the
variance hearing must be concluded and resolved at the June 7, 2001 meeting.
Dianna L. Millard - Denied
Dianna L. Millard, Bloomington, MN, requested a variance of 6.5’ from the required side lot line setback of 10’
for the placement of an 8’ by 10’ storage building 3.5’ from the lot line. The property is described as part of
Sub Lot A of Government Lot 4, section 28 of Tordenskjold Township by Stalker Lake. April 5, 2001 meeting
-The audience was polled with Dan Anderson expressing concerns with the granting of any side lot line
variance. In Mr. Anderson opinion there is adequate space on the applicant’s property to place the proposed
shed 10’ from the lot line. A letter from Susan Schultz, Arthur Schultz, Bernard Pumper, Janet Pumper,
Sharon Schultz and Paul Pumper in opposition to the variance as granted was read for the record. A letter
from David Nycklemoe, Attorney for Mr. and Mrs. Gerald Christensen, expressing concerns with the
applicant’s request was also read for the record. After discussion and consideration, motion was made by
David Holmgren second by Rod Boyer and unanimously carried, as per the applicant’s written request, to
table the applicant’s variance hearing until the May 3, 2001 meeting of the Board of Adjustment. May 3, 2001
meeting - The audience was again polled with no one speaking for or against the request. A letter received:
since the April 5, 2001 meeting from Lynette Christensen in opposition to the variance as requested was
partially read for the record. Ms. Christensen noted within her letter several reasons why the 10’ setback
should be maintained. It should be noted that Ms. Christensen’s letter was only partially read because from
the portion of the letter, which was read the Chair, and the members of the Board felt they understood clearly
Ms. Christensen’s position. After additional discussion and consideration, motion was made by Steve
Schierer, second by Cecil Femling and carried with Joe Maske abstaining, 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 and in the general opinion of the members of the Board of Adjustment other sites on
the applicant’s property are available which would not require the granting of a variance.
OTTER TAIL COUNTY
OFFICE OF THE COUNTY AUDITOR
121 JUNIUS AVE W. - Room 220
E-Mail wstein@co.ottertail.mn.us
OTTER TAIL COUNTY COURTHOUSE
FERGUS FALLS, MN 56537
____________(218) 739-2271, EXT. 240
April 13, 2001
Richard Wieler
40225 Purlieu Rd
Dent, MN 56528
Dear Mr. Wieler,
Please be advised that the Otter Tail County Board of Adjustment has scheduled their next meeting for
Thursday, May 3, 2001, in the Otter Tail County Commissioners’ Room of the Otter Tail County Courthouse
located at 121 W. Junius Ave., Fergus Falls, MN.
Your variance request, which was tabled at the April 5, 2001 Board of Adjustment meeting has been
rescheduled for the May 3, 2001, meeting. I have enclosed a copy of the May 3, 2001, agenda for your
information and reference.
If the date and time of this meeting is not convenient for you, please notify the County Auditor’s office in writing
prior to the May 3, 2001, meeting and I will have your variance request tabled until the next regularly scheduled
meeting of the Board of Adjustment. If you should have any questions please feel free to contact me. Thank
you very much.
Sincerely,
;;
Wayne Stein
County Auditor
CC:R. Kristian Svingen
Svingen, Athens, Russell, Hagstrom, Haugrud & Karkela PLLP
PO Box 697
Fergus Falls, MN 56538
April 5, 2001
Page 2
Richard Wieler - Tabled
Richard Wieler, Dent, MN, requested a variance to allow a 24’ by 28’ structure less than 200’ from the ordinary
high water level. The structure is approximately 141’ from the ordinary high water level. The property is
described as part of Government Lots 6 and 7, Section 31 of Edna Township by Pine Lake. The audience was
polled with Robert Alberts expressing concerns with the applicant’s request and noting that no current
development has been this close to the water. R. Kristian Svingen, Attorney, appeared with and represented
the applicant at the public hearing. Mr. Svingen, noted hardships applicable to the application, the application •
of the string line to the present location of the structure as described within the ordinance, .the applicant’s
willingness to remove a small shop and the possible replacement of the existing dining hall \within 5 years, •
providing the applicant with reasonable use of the property and that the granting of the variance would not
.: alter the essential characteristics of the area. After discussion and consideration, motion was made by Steve
Schierer, second by David Holmgren, and unanimously carried, to table the applicant request until the May
meeting of the Board of Adjustment so that the applicant would have an opportunity to consider the possibility ;■
of removing the five cabins located very near to the lake. The applicant and Board acknowledged the waiver
on file permitting the action to table the applicant’s request until the May meeting.
Dianna L. Millard - Tabled
Dianna L. Millard, Bloomington, MN, requested a variance of 6.5’ from the required side lot line setback of 10’
for the placement of an 8’ by 10’ storage building 3.5’ from the lot line. The property is described as part of
Sub Lot A of Government Lot 4, section 28 of Tordenskjold Township by Stalker Lake. The audience was
polled with Dan Anderson expressing concerns with the granting of any side lot line variance. In Mr. Anderson
opinion there is adequate space on the applicant’s property to place the proposed shed 10’ from the lot line. A
letter from Susan Schultz, Arthur Schultz, Bernard Pumper, Janet Pumper, Sharon Schultz and Paul Pumper
. in opposition to the variance as granted was read for the record. A letter from David Nycklemoe, Attorney for ■
Mr. and Mrs. Gerald Christensen, expressing concerns with the applicant’s request was also read for the
record. After discussion and consideration, motion was made by David Holmgren second by Rod Boyer and
unanimously carried, as per the applicant’s written request, to table the applicant’s variance hearing until the
May 3, 2001 meeting of the Board of Adjustment.
Michael Daddario - Tabled
Michael Daddario, Newport, MN, requested a variance of 139’ from the required ordinary high water level
setback of 200’ for the placement of a recreational camper 6T from the ordinary high water level and a
variance of 139’ from the required ordinary high water level setback of 200’ for the placement, in the future, of
a 30’ by 32’ dwelling 6T from the ordinary high water level. It should be noted that the recreational camper
would be removed when the proposed dwelling is built. The property is described as Lot C, Lillis Survey Plat'
of Government Lot 2, Section 16 of Dead Lake Township by Dead Lake. The audience was polled with Todd
Baribeau speaking for the applicant’s request. R. Kristian Svingen, Attorney, appeared with and represented
the applicant at the public hearing. After discussion and consideration, motion was made by Steve Schierer,
second by Cecil Femling, to allow a camper unit to be place on the site for more than 22 days assuming it
meets all setback requirements.. After additional consideration, the previous motion was withdrawn and a
motion was offered by David Holmgren, second by Cecil Femling and unanimously carried, to table the
applicant’s request until the April 12, 2001 meeting, which should allow the Land and Resource Department
an opportunity to review the site and to determine the location of the top of the bluff
• -I
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TC906D 30 T56 ACS Tax System Bill No. Parcel No.
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InquiryAdditional Legal LinesNameRICHARD H Sc MARCIA WIELER .R 02002
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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
Applicant must be present at the scheduled hearing.
To Whom It May Concern:
Richard Wieler
40225 Purlieu Rd
Dent, MN 56528
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
Thursday, April 5, 2001, at 6:30 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 Government Lots 6 and 7,
E911 Address - 40225 Purlieu Rd
Fire # PL-1
Section 31, Township 136, Range 40 - Township Name - Edna
Lake No. 56-384, Lake Name - Pine, Class - NE
The variance requested is;
a variance to allow a 24’ by 28’ structure less than 200’ from the ordinary high water level. The structure is
approximately 14T from the ordinary high water level.
uJ {/YleDate: March 15, 2001
Board of/Adjustment Secretary
OTTER TAIL COUNTY
Fergus Fails, 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 19th, day of March, 2001 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Richard H and Marcia Wieler, 40225 Purlieu RD, Dent, MN 56528-9618
Lynne Brokke, Edna Twp Clerk, RR 1 Box 1106, Dent, MN 56528
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:
David H. Holmgren, RR 1 Box 188B, Henning, MN 56551
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
Rod Boyer, 51127 E Wymer LK RD, Frazee, MN 56544
Mark Steuart, RR 1 Box 82, Richville, MN 56576
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: March 19th, 2001
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Mand^rud
LOUIS J &: ELAIME A. ElONER
RR 3 BOX 730
DEEiT, tIH 5(35273-'3414
ROBERT i: BEVERLY ALBERTS
RR 2 BOX SiDEHT, Mfl 5(3528-■3(3173
RIC'WARD li &. HARCTA I'/IELER
RR 2 BOX 93
DENT, nil 5(3528-'36173
. t