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Home My WebLink AboutLoon Lake Resort_08000990531000_Variances_07-02-2009"1-Z- 2 00q OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1059930 1059930 I hereby certify that this instrument #__ was filed/recorded in this office for record on the I ^_(a^pm___day o 09 at_LQVA Wendy (U. Me^alf, County/Recori&r by: V X^ b-C5‘|-^44cordina fee // well certifica\% 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 ■'‘iTO Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date X PcnA<£ re.rrJ U..PP A... __DAYTIME PHONE i/rrym PROPERTY OWNER MAILING ADDRESS I^AZ<v !/<**■LAKE CLASSLAKE NAME U7PARCEL 1 ^06 , ^SOOO ^ NUMBER d^00fl5<c> .^gy^ MA-n;>('r,066Z^ address LAKE NUMBER , . ^PnS~P U0&/1 A TOWNSHIP NAMERANGESECTION TOWNSHIP cLP^GL^.t ^J TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Misc.Subdivision ClusterSewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS /. THIS WILL BE USED FOR PUBLIC NOTIFICATION.7r/ C x/ if, ZS'4iS%.<iL t-Ur* _A , > Vk liLS cnTi^ J Vi / ^ TO TTvhL. ‘5'reV/^ Lo^Sy cxl-SE.- tU^ tUtV L-ei^^l 7^ no<^cX cxloi ^ uyc: 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 MANAG^ENT REGARDINGkTHIS MATTER. ^ ^ t-1 URE OF PROPERTY OWNES^N^DATEAGENT FOR OWNERSIG APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 6^c^OOjDate Of Hearing Time Motion Loon Lake Resort - Approved the variance as modified and with conditions. (6:35 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ and a variance of 25’ from the required north side lot line setback of 50’ for the construction of a new dwelling no closer to the ordinary high water level than 50’ and at least 25’ from the side lot line with the condition that the old garage must be removed by the time the new building is completed and with the condition that the two cabins identified for removal in the materials submitted with the application must be removed. It was noted that the variances as approved will result in an overall improvement to the property and will provide the applicants with a reasonable use of their resort property. Permit(s) required from Land & Resource Management X 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 July 2, 2009 Page # 2 /Loon Lake Resort - Approved the variance as modified and with conditions. (6:35 p.m.) Loon Lake Resort, Lot 9 Loon Mere Estates and part of Government Lots 3, 4, 5 and the North Half of the Northwest Quarter, Section 35 of Candor Township by Loon Lake, requested the following: The old house Is 20’ from the lake. 1. ) We would like to put a new house there because of the topography of the property we need an 80’ variance there. 2. ) The setback on the north side is only 25’ from the property line we will need 25' variance there. 3.) On the west side (away from the lake) we would like to put a walkout basement. So our customers have access to the storm shelter, office, laundry. Also the garage will be at that level to avoid a lot of fill. Mike Conlon, Hilltop Homes appeared with the applicant. The audience was polled with Amanda Gronhovd, Sandy Gronhovd, and Neil Strawhorn addressing various questions to the Board regarding the requirements of the County ordinance. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100' and a variance of 25’ from the required north side lot line setback of 50’ for the construction of a new dwelling no closer to the ordinary high water level than 50’ and at least 25' from the side lot line with the condition that the old garage must be removed by the time the new building is completed and with the condition that the two cabins identified for removal in the materials submitted with the application must be removed. It was noted that the variances as approved will result in an overall improvement to the property and will provide the applicants with a reasonable use of their resort property. Randal Remer - Approved the variance as modified. (7:02 p.m.) Randal Remer, part of the Southeast Quarter of the Northeast Quarter, Section 33 of Otter Tail Township by Sherman Lake, requested a variance of 8T from the required ordinary high water level setback of 200’ for the placement of a new dwelling with deck approximately 119’ from the ordinary high water level and a variance of 42’ from the required ordinary high water level setback of 200’ for the placement of a detached garage 158’ from the ordinary high water level. This lake was reclassified in May of 2009 from a General Development Lake to a Natural Environment Lake. Marvin Monson, Contractor, represented the applicant at the public hearing. The audience was polled with Kevin Nold expressing concern with the lake reclassification process, A letter from Ron Pollard and an email from Kevin Nold in support of the variance as requested were read for the record. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 200’ for the placement of the proposed development (dwelling, deck and garage) no closer to the ordinary high water level than 150'. The variance as approved does not directly or indirectly grant any other variances for the proposed development. It was noted that the variance as approved will provide the applicant with a reasonable use of his property. It was also noted that there is adequate room for the proposed development at the 150’ setback and no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested. Melville R. Bois - Approved the variance as requested. (7:20 p.m.) Melville R. Bois, Lot 8 Block 1 Belmont Pointe, Belmont Lake in Nidaros Township, requested the following: 1 have a permit for an addition to my home. It allows for two sets of steps from porch and from a deck on the north side. I want to replace the steps and add a five foot wrap around deck. This will encroach the 200' setback by 4’, Setback would be 196' not the required 200’. The audience was polled with no one speaking for or against the variance as requested. A letter from David and Diane Rust in support of the variance as requested was read for the record. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested in the variance application dated June 9, 2009 and as depicted on the drawing filed with the application. The proposed deck connects two existing permitted areas of the structure. Hardship/practical difficulty is the unique shape of the applicant's property. Robert W. Adamson - Approved the variance application as requested with a condition. (7:27 p.m.) Robert W. Adamson, Lot 17 White Swan Beach, Swan Lake in Dane Prairie Township, requested a variance of 46’ from the required ordinary high water level setback of 100’ for the replacement of existing non-conforming structure 54’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and carried with Michael Harris voting no, to approve a variance of 46’ from the required ordinary high water ievel setback of 100' for the replacement of an existing non-conforming structure 54’ from the ordinary high water level with the condition that the proposed structure must meet the required road right-of-way setback of 20’. It was noted that the proposed development is behind the existing home away from the lake. It was also noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Loon Lake Resort Jon and Penny Perry 32053 Loon Dr. Verges, MN 56587 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 Thursday, July 2, 2009 at 6:00 p.m., in the Commissioners’ Room of the Otter Tail County Government Services Center, 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 special accommodations should contact the County Auditor’s office prior to the date of the public hearing. 'i' 'i The property concerned in the application is legally described as part of Government Lots 3, 4, 5, part of North Half of the Northwest Quarter and Lot 9 Loon Mere Estates, Property Address - 32053 Loon Drive Section 35, Township 137, Range 41 - Township Name - Candor Lake No. 56-523, Lake Name - Loon, Class - RD The variance requested is - the following: The old house is 20’ from the lake. 1.) We would like to put a new house there because of the topography of the property we need an 80’ variance there. 2.) The setback on the north side is only 25’ from the property line we will need 25’ variance there. 3.) On the west side (away form the lake) we would like to put a walkout basement. So our customers have access to the storm shelter, office, laundry. Also the garage will be at that level to avoid a lot of fill. Stein Board of Adjustment Secretary Date: June 12, 2009 1 FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE An area variance may be .granted , only where the strict enforcement of county zoning controls will result in “practical difficulty”. A determination that a “practical difficulty” exists is based upon the consideration of the following criteria.as defined by the Minnesota Supreme Court in In re the Matter, of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance, to Cyril Stadsvold and Cvnara Stadsvold.:. - ' Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1. 2..Will the request have an adverse effect on government services? Why or why not? ' 3. .Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Why or why not? Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this ■ ’ factor) Why or why not? 4. ■ ; • ) How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5. Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6. Does existing sewage.treatment need upgrading?7. Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?8. In'light of all of the above factors, would denying a variance serve the interests of justice? Why or why not? ’ The, BOA should weigh and balance each of the elements when deciding whether the variance application should be granted. 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 15th, day of June, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment Loon Lake Resort, % Jon & Penny Perry, 32053 Loon Dr, Vergas, MN 56587 Sharon Sauer, Twp Clerk of Candor, 51902 County Highway 17, Detroit Lakes, MN 56501 Loon Lake Assoc., Sandy Gronhovd, PO Box 236, Vergas, MN 56587 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, 1509 1®* Ave N., 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, 32117 260th Ave, Erhard,MN 56534 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 Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501 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: June 15th, 2009 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud DAVID A & LEANNE R BEETYRICHARD & BEVERLY ARNSTON BULLINGER ENTERPRISES ET AL 474 45TH ST S FARGO ND 58103 0910PO BOX 134 VERGASMN 56587 0134 PO BOX 45 ■ ADAMN 56510 0045 DALE L & SHEIU\ K ERICKSON 31920 LOON DR VERGASMN 56587 9403 MAX A & DAWN M FUXA 1821 33RD STS MOORHEAD MN 56560 3948 JOHN M CHRISTENSEN 7615 HARVEST LOOP CHEYENNE WY 82009 8435 f ■ BRYAN L & EILEEN M GIESE 1801 10TH AVESE MANDAN ND 58554 4836 MYRON J & SONYA L GUNDERSON 32050 LOON TRL VERGAS MN 56587 9402 DAVID & JANICE GLATT 1509 3RD ST E WEST FARGO ND 58078 4242 VIRGIL L & GRETCHEN M HOFFMAN 32038 LOON TRL VERGASMN 56587 9402 HARRY HUDDLESTON 31942 LOON DR VERGASMN 56587 9403 MARVIN D & SANDRA K HEISLER 32021 COUNTY HIGHWAY 4 VERGASMN 56587 9400 KIM & VICKI LEIN 32074 LOON TRL VERGASMN 56587 9402 PAUL W LARSON & JANET RUPPERT 32032 LOON DR VERGASMN 56587 9403 JERRY D & PATRICIA S KLATT 34162 SYBIL LAKE LANE VERGASMN 56587 9553 JON W JR & PENNY D PERRY 32053 LOON DR VERGASMN 56587 9403 DAVID E & KATHLEEN L NIEMANN 37984 COUNTY ROAD 24 SPRINGFIELD MN 56087 1651 ROBERT J & MARY S LENOUE 310 FOREST AVE N FARGO ND 58102 1553 DOUGLAS & TAMARA SCHRUPP 32182 COUNTY HIGHWAY 4 - VERGASMN 56587 9400 WILLIAM J & ROBERTA A RUSSELL 1222 43RD AVE N FARGO ND 58102 5325 FRANK ROESCH 32004 LOON TRL VERGASMN 56587 9402 BRIAN D & KIMBERLY J SMITH 29803 130TH ST FRAZEEMN 56544 9170 ARLAND A SCHULTZKRISTI SCHRUPP 1282 153RD LN NW ANDOVER MN 55304 2586 PO BOX 92 VERGASMN 56587 0092 I DAVID & BEVERLY A SORGEN 3331 W PRAIRIEWOOD DR S FARGO ND 58103 4666 IRVING D & BEVERLEY A SORGEN 3331 W PRAIRIEWOOD DR S FARGO ND 58103 4666 STATE OF MINNESOTA ATTN TAX SPECIALIST 500 LAFAYETTE RD PO BOX 45 SAINT PAUL MN 55155 4045 TO THE PUBLICTHEODORE E & BETTY J STENSRUD PO BOX 275 VERGASMN 56587 0275 Our intention is to replace the current home site with a home for our family, office, deck, garage, laundry for resort and storm shelter for resident campers. The lay of the land would constitute a walk out basement. The walkout is away from the lake. From the road to the top of the home site has approximately a 6’ raise - buy leaving a 2’ exposure on the basement would give a 8’ basement. If you look at the property this is the best design without hauling in over 400 yards of fill. Appropriate measures will be taken to protect the excavation and protection for run off. We will be eliminating Cabin #6 (*1) and the existing garage (*3). Both are close to the lake and will be gone. The area where Cabin #6 is from the new home to the lake will be all open area. The area where the garage is will be planted into grass. Cabin #7 (*2) will be eliminated, the 6’x8’ shed west of the drive (*7) will be eliminated, the chicken coop and log building (*5) will be eliminated (we want to sell the log building and would like 24 months to do so) these two buildings would be replaced with four camper spots. The home will be placed 25’ from the side lot and 20’ from the lake, but no closer than the current residence. Part of the old dwelling could be left in place, but is not practical for us or an asset to the lake. The 25’ is needed to maintain the 100’ from the lake on the south side. We hope that by removing Cabin #6 and the garage that are close to the lake and looking at where we need to have this project done, you can see the value to the lake and to the neighborhood. Ctkl wf Jrff U>-K6 iVs-ctRjI u HEI/4 HXai/4 ■;• fii:> 1■■5 QgDQD3SD:2S7Dflll M H«DJIS PDlwar XSXAXXs .»'•p" f "■"_ _ - . •*«k . K ■•i' <'?. •• 3 s«11 * r; »f,-. I -im-i >.. if ■ t ..I 'fe••as ■\f^ ■\’/-FtI? >t' > * f !>f * ‘.. .' - iHj K ki'.1• I,#■ ’ ,=»-.r*'';rIV :■- r. ■-.'/? (».•w*LUJBH.. r ft# *. 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