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HomeMy WebLinkAbout25000990422000_Variances_07-03-2002_Zorbaz1-3-2001 907097 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # _ was fiied/recorded in this office for record on the /a day of ^ 2002 at yiAM^caif, County.Recorder 9070S7 Weni by: ao.jC/)e;^ ^recording fee ^ well certificate d>i<^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE received JUN 0 3 2002COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739 -2271 LAND & RESOURCE *** COMPLETE THIS APPLICATION IN BLACK INK 4r4rHr '4130AApplication Fee Receipt Number _ Accepted By / Date LAI^ A^Jg:. T)g|vKf L.UeS /UN ‘Tlo'SOI aiS_SEQL5252-DAYTIME PHONEPROPERTY OWNER ADDRESS GVLAKE CLASSLAKE NUMBER LAKE NAME Mo fiVsex- <2fi^ f/iocj-7? 125 TOWNSHIP NAMETOWNSHIPRANGESECTION PARCEL NUMBER E-911 Address ^6 -000 W d LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check)0^ MisClusterSubdivisionStructure Size Sewage SystemStructure Setback SPECIFY VARIANCE REQUESTED 'Cec^Se. layi^ iq'=U /W .M'S ^ -h- AO lAfKT^Oe(M- 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. G-3I-02-/ DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) a *t^0 t"A ' ,' <r'f '■ :' 1^1'O'O ! "00,1 H-iOds^u^^ "003 t'^h U^LOp 95<d ^flplulLL^ to. iJ- ^U' Co) ________________ c;' f- - Od'^d.ap) 002 / d'Ouo Ot'0"0o djLLpj Ho, 3 Hi i HOH:\:.0i ^ 3‘rkj> ^ ^iX.p 9fO oulpVi3-y i' i> C '.XtcU^Qj ^d30 d-30 HO I djojH H.-30 /f/n.aooQ^TimeDate Of Hearing Motion Thomas W. Hanson - Denied. (7:20 p.m.) Motion was made by Steve Schierer, second by Randall Mann to approve a variance to cover more than 25% of the total lot area with impervious surfaces as requested by the applicant. This motion failed to carry with Mark Steuart Cecil Femling and Robert Schwartz voting no. Those voting for the motion noted that covering the deck would not’ change the existing condition or the impact on the adjacent property Chairm^/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 • Viclof Lundeen Co., Prinlets, Fergus Falls, MN • 1-800-3S6-4870 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Wednesday, July 3, 2002 The Otter Tail County Board of Adjustment met Wednesday, July 3, 2002, with the following persons in attendance; Paul Larson Steve Schierer Mark Steuart David Hauser, County Attorney Cecil Femling Randall Mann Robert Schwartz Pat Eckert, Larid and Resource Management 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 June 13, 2002 meeting was approved as mailed. The following variance requests were heard: Steven and Sharon Mondt - Approved as modified (place 12’ by 12’ storage building on back lot) and with condition. (6:32 p.m.) Steven and Sharon Mondt, Pelican Rapids, MN, requested a variance of 125’ from the required ordinary high water level setback of 200’ for the placement of a dwelling 75’ from the ordinary high water level and behind the existing string line, a variance of 10’ from the required road right-of-way setback of 20’ for the placement of 12’ by 12’ metal storage structure 10’ from the road right-of-way, and a variance to place an outhouse meeting ail setback requirements on the back lot identified as “Parcel B” on the applicants’ dravring. The property is described as Lot 6, Block 2, Yaquina Bay and part of Government Lot 4, Section 8 of Dead Lake Township by Dead Lake. 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, to approve a variance of 125' from the required ordinary high water level setback of 200’ for the placement of a dwelling 75’ from the ordinary high water level and to approve the placement of the 12’ by 12’ shed and the 10’ by 15’ outhouse on Parcel “B”, as identified on the applicant’s drawing, so long as both structures meet all setback requirements. It was noted that the proposed dwelling will be behind the existing building line/string line and the variances as approved will provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. Hardship is a substandard lot of record. Kevin J. Nelson - Approved as requested. (6:44 p.m.) Kevin J Nelson, Alexandria, MN, requested a variance of 97’ from the required ordinary high water level setback of 200’ for the placement of a double wide home 13’ ahead of the string line or approximately 103’ from the ordinary high water level. The property is described as Lot 5, Minn-Kota Beach Second Addition, Dead Lake in Maine Township. Tony Nelson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Robert Schwartz, second by Paul Larson and carried with Randall Mann and Steve Schierer voting no, to approve a variance of 97’ from the required ordinary high water level setback of 200’ for the placement of a double wide home 13’ ahead of the string line, which is approximately 103’ from the ordinary high water level. It was noted that the proposed structure would be placed no closer to the ordinary high water level than the existing mobile home. Hardship is a substandard lot of record. sterling and Patricia Tucker-Approved as requested. (6:56 p.m.) Sterling and Patricia Tucker, Battle Lake, MN, requested a variance of 65’ from the required ordinary high water level setback of 100’ for the replacement of an existing dwelling with a new 26’ 8" by 54’ 8” dwelling 35’ from the ordinary high water level. The property is described as Lot 15, Silver View Park, Silver Lake in Everts Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Robert Schwartz and unanimously carried, to approve a variance of 65’ from the required ordinary high water level setback of 100’ for the replacement of an existing dwelling virith a new 26’ 8” by 54’ 8” dwelling 35’ from the ordinary high water level. It was noted that this would be an improvement as the existing structure is only 22’ from the ordinary high water level. It was also noted that the proposed structure is behind the string line. Hardship is a substandard lot of record. John J. Radlinger-Approved with condition. (7:20 p.m.) John J. Radlinger, Et Al, Frazee, MN, requested a variance of 43’ from the required ordinary high water level setback of 100’ for proposed changes to the roof line of an existing dwelling located 57’ from the ordinary high water level at its closest point. The property is described as part of Government Lot 6, Section 21 of Hobart Township by Rose Lake. The audience was polled vwth no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and carried vwth Paul Larson and Cedi Femling voting no, to approve a variance of 43’ from the required ordinary high water level setback of 100’ for changes to the roof line of an existing dwelling located 57’ from the ordinary high water level, at its dosest point with the condition that, on or before October 31,2002, the existing fish deaning shed must be either removed or placed in a location that complies with all of the setback requirement of the shoreland management ordinance. Hardship is a substandard lot of record. Mary J. Shirely - Approved as requested. (7:10 p.m.) Ma^ J. Shirley, Hopkins, MN, requested a variance of 8’ from the required lot line setback of 10’ and a variance of 18’ from the required road right-of-way setback of 20’ for the construction of a 24’ by 24’ garage 2’ from the rear property line and 2’ from the road right-of-way. A letter from Larry Dom in support of the applicant’s request was read for the record. The property is described as Lot 13, Roinez Beach, Otter Tail Lake in Amor Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Robert Schwartz, second by Paul Larson and unanimously carried, to approve a variance of 8’ from the required lot line setback of 10’ and a variance of 18’ from the required road right-of-way setback of 20’ for the construction of a 24’ by 24’ garage 2’ from the rear property line and 2’ from the road right-of-way. Hardship is a substandard lot of recortJ. Thomas W. Hanson - Denied. (7:20 p.m.) Thomas W. Hanson, Detroit Lakes, MN, requested a variance to cover more than 25% of the total lot area with impervious surfaces. Per the applicant’s drawing the front lot has impervious surface coverage of 42.8% and the back lot has impervious surface coverage of 31.7%. The applicant is proposing the covering of an existing deck on the eastside of foe restaurant. The applicant has noted that no additional impervious surface is being created by foe proposed project. The property is described as Lots 3 and 4, Otter Tail River Park and part of Government Lot 5, Section 4 of Everts Township by Otter Tail Lake. The audience was polled with Bob Russell, Attorney, speaking against the variance as requested. It should be noted that Mr. Russell was representing Tim and Missy Chisholm. Tim and Missy Chisholm have an interest in foe property to the south of Mr. Hanson’s property. I. Thomas W. Hanson - Denied. (7:20 p.m.) Continued. Bob Russell, Attorney, noted the following for consideration by the Board of Adjustment 1) a non-approved deck constructed after the 1995 ice damage, 2) the deck is located 2’ from the lot line, 3) previously there was no deck on that side of the building, 4) the use of the deck was expanded by the addition of a door on that side of the building, 5) the expanded use of the deck has been to the determent of Mr. Russell’s clients, 6) the expanded use has allowed for overflow which has added noise and traffic problems, 7) no access to.the business from the lake which results in customers trespassing on Mr. Russell’s client’s property, 8) the increase height of the wall obstruct the view from the adjacent property, and 9) a noh- permitted use is being expanded without a conditional use application being submitted for consideration. A letter from Bernard and Shirley Mahrer in opposition to the variance as requested was read for the record. A phone message from Mrs. Wiliam Taylor in opposition to the variance as requested was read for the record. The legal status of the existing deck was discussed. Mr. Hanson noted that covering the existing deck would not expanded or change the use of the existing business. After discussion and consideration, motion was made by Steve Schierer, second by Randall Mann to approve a variance to cover more than 25% of the total lot area with impervious surfaces as requested by the applicant. This motion failed to cany wifri Mark Steuart, Cecil Femling and Robert Schwartz voting no. Those voting frir the motion noted that covering the deck would not change the existing condition or the impact on the adjacent property LeRoy G. Jones - Approved with condition. (8:14 p.m.) LeRoy G. Jones, Rockford, IL, requested a variance of 70’ from the required ordinary high water level setback of 150’ and a variance of 10’ from the required road right-of-way setback of 10’ for the placement of a holding tank 80’ from the ordinary high water level and 0’ from the road right-pf-way. The property is described as the West 700’ of Government Lot 1, Section 36 of Star Lake Township by Dead Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Paul Larson and unanimously carried, to approve a variance of 70’ from the required ordinary high water level setback of 150’ and a variance of 10’ from the required road right-of- way setback of 10’ ^ the placement of a holding tank 80’ from the ordinary high water level and O' from the road right-of-way with the condition that the applicant must obtain a letter of approval from the Star Lake Township Board of Supervisors. Omar W. and Darlene B. Ersiand - Approved as modified with condition. (8:22 p.m.) Omar W and Darlene B Ersiand, Fergus Falls, MN, requested a variance of 5’ from the required ordinary high water level setback of 75’ and a variance of T from the required east side lot line setback of 10’ for a 4 season room addition to fae main floor, as depicted in the application and drawing, located 70’ from the ordinary high water level and 9’ frorfi the side lot line at its closets point. The property is described as part of Goverriment Lot 4, Section 13 ofElizabeth Township by Jewett Lake. The audience was polled with Jim Myhre speaking neither for or against the request, but rather seeking clarification regarding the roof line and the height of the proposed project and also indicating that he is considering a project v\ftiich may also require a side lot line variance because of the angle of the lot line. After consideration, motion was made by Steve Schierer, second by Cecil Femling and carried with Mark Steuart voting no, to approve a variance of 1 ’ from the require side lot line setback of 10’ for the placement of a proposed addition 9’ from the side lot line and to allow for the placement of the proposed addition no closer to the ordinary high water level than virhat would be allowed when applying the string line from the southwest comer of the structure on the Jim Myhre.property to the comer (point) closest to the lake on the Teresa Shannon stmcture with the condition that no more than 25% of the total lot area can be covered with impervious surfaces Hardship is a substandard lot of record and the biased lot line. Mario Sonnenberg - Approved as requested. (8:37 p.m.) Mario Sonnenberg, Perham, MN, requested a variance of 40’ from the required ordinary high water level setback of 100’ for the location oif a building site 60’ from the ordinary high water level. The property is described as Lot 5, Jerry - Marg Beach Fourth Addition, Lake 7/Scalp Lake in Hobart Township. A letter from the township indicating that the township had no objection to the applicant’s request so long as the applicant was aware of his responsibilities was noted for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Paul Larson, second by Robert Schwartz and carried vvith Mark Steuart voting no, to approve a variance of 40’ from the required ordinary high water level setback of 100’ for the location of a building site 60’ from the ordinary high water level. It was noted that the variance as approved would place the applicant’s dwelling virithin foe existing building line. Hardship is substandard lot of record. Paul Sonnenberg - Approved as requested. (8:37 p.m.) Paul Sonnenberg, Perham, MN, requested a variance of 40’ from foe required ordinary high water level setback of 100’ for foe location of a building site 60’ from foe ordinary high water level. The property is described as Lot 4, Jerry Marg Beach Fourth Addition, Lake 7/Scalp Lake in Hobart Township. A letter from foe tovmship indicating that foe township had no objection to foe applicant’s request so long as foe applicant was aware of his responsibilities was noted for foe record. The audience was polled with no one speaking for or against foe request After consideration, motion was made by Paul Larson, second by Robert Sphwartz and carried with Mark Steuart voting no, to approve a variance of 40’ from foe required ordinary high water level setback of 100’ for foe location of a building site 60’ from foe ordinary high water level. It was noted foatfoe variance as approved would place foe applicants dwelling within foe existing building line. Hardship is substandard lot of re<x>rd. Haverty Trust - Approved as modified with a condition. (8:45 p.m.) Haverty Trust, Richville, MN, requested a variance 15’ from foe required ordinary high water level setback of 75" for foe replacement of an existing dwelling with a new dwelling 60’ from foe ordinary high water level at its dosest point and a variance of 25’ from foe required ordinary high water level setback of 75’ for foe placemait of a low profile deck 50’ from foe ordinary high vnrater level at its closest point. The property is described as part of Lots 1 and 2, Blue Heron Beach, Otter Tail Lake in Otter Tail Township. The audience was polled with no one speaking for or against the request. The applicant noted that foe variance requested for foe ded< was no longer necessary as foe deck would not exceed foe three-foot height limitation. After consideration, motion was made by Randall Mann, second by Steve Sphierer and catTied Awifo Marfr tSteuart voting oo, to approve foe application of foeonodified string line, as depicted on foe applicant’s drawing, for foe location of a building site which will be approximately 60’ from foe ordinary high water level at it closest point writh foe condition that no more than 25% of foe total lot area can be covered with impervious surfaces. Robert Maneval - Approved as modified and with a condition. (8:47 p.m.) Robert Maneval, Vergas, MN, requested a variance to subdivide five substandard contiguous back lots into three lots for purpose of residential development The applicant is proposing foe combination of Lots 1,2 and 3, Block 2, Y&M Properties irrto one lot and is requesting that Lots 4 and 5, Block 2, Y&M Properties be considered as separate buildable lots. The property is described as Lots 1, 2, 3,4 and 5, Blodc 2, Y&M Properties, Lake Ida in Candor Towmship. The audience was polled vvith no one speaking for or against foe request After consideration, motion was made by Robert Schwartz, second by Mark Steuart to deny foe variance as requested. This motion failed with Steve Schierer, Paul .Larson and Randall Mann voting no. After additional discussion and consideration, motion was made by Raul Larson, second by Steve Schierer and canied wifo Mark Steuart and Robert St^iwartz voting no, to approve a variance to subdivide five substandard contiguous back lots into two buildable residential lots wifo the condition that each lot must have 144,600 square feet of area or approximately half of foe total area contained within foe five lots. It was noted that these two lots would be have approximately 90% of foe required area and significantly more than the required frontage and lot width. Mary Beth- Brandt Et AI, Clitherall , MN, requested a variance of 124’ from the required ordinary high water ievef setback of2d0'’ for the cdristruction of a 10’ 5” by 24’ screen porch (enclose existing deck) 76’ from the ordinary high water level: a variance of 75’ from fr»e required ordinary high water level setback of 200’ and a variance of 5’ from the required road right-of-way setback of 20’ for the construction of an 8’ by 10’ storage shed 125’ from the ordinary high water level and 15’ from the road right-of-way. The property is described as Lot 6, Stewarts Oak Harbor, Belmont Lake in Clitherall Township. M Kaye Parnell appeared along with the applicant at the public hearing. The applicant submitted a revised plan, which eliminates the need for a variance from the road right-of-way. The audience was polled vwth no one speaking for dr against the request. After consideration, motion was made by Robert Schwartz, second by Paul Larson aruJ unanimously canied, to approve a variance of 124’ from foe required ordinary high water level setback of 200’ for foe construction of a 10:5' by 24’ screen porch {enclose existing deck) 76’ from the ordinary high water level and a variance of 100’ from foe required ordinary high water level setback of 200* for foe placement of a 8’ by 10’ storage building 100’ from foe ordinary high water level as depicted on the applicanf s revised drawing. Hardship is a substandard lot of record. It was noted that the variance as approved would provide foe applicants with the ability to enjoy the same rights and privileges as ethers in thisimmediale area. Bruce Vistad - Approved as requested. (9:13 p.m.) Bru(^Aristad, Fergus Falls, MN, requested a variance of 1 to 1.5’ from foe required 10’ setback for foe location of a septic tank 8.5 to 9’ from foe garage foundation. The property is described as Lot 14, Welson’s Oakwood Park Beach, Jewett Lake in Elizabeth Tovmship. The audience was polled with no one speaking for or against foe request. After consideration, motion was made by Steve Schierer, second by Cedi Pemling and unanimoudy carried to approve a variance of 1 to 1.5’ from foe required 10’ setback for foe location of a septic tank 8.5 to 9’ from foe garage foundation. It was noted that there is adequate area to maintain and service the tank. Hardship is a substandard lot of record. Sharon Vaughn—Approved with condition. (9:23 p.m.) Mary ^th Brandt ^ Approved as modified. (9:07 p.m.) Sharon Vaughn, Fergus Falls, MN, requested a variance to replace existing structure, screen porch, shed, cernent slabs and walkways with a new strudure and a garage. It should be noted, that toe proposed new structure would be placed on the existing slab and that foe existing sewer lift would be moved to comply with foe ordinance. Presently 26.7% of foe applicant’s total lot area is covered vwth impervious surfaces. After completion of foe proposed project 27.3% of the total lot area will be covered with impervious surfaces, therefore, a variance of 2.3% from foe maximum allowable impervious surface coverage of 25% is required. The property is described as Lot 10, Cedar Park Club, Swan Lake in Dane Prairie Township. The audience was polled with no one spealdng for or against foe request. After tx)nsideration, motion was made by Qecif Femling, second by Rotert Schwartz arxl carried with Steve Schierer absfaining to approve the placement of a new stiucture wifoin foe footpnnt as identified on foe applicant’s drawing vrith foe condition that no more than 25% of foe total lot area can be covered with impervfous surfaces. Kenn^ Flaiispn - Approved as lequested. (9:36 p,m.) Kenneth Hanson, Moorhead, MN, requested foe following: “Infringement 5’ into road nght of way due to substandard lot, euirent drain field is inadequate. The original drain field was not up to code and should not have been certified. Previous application records were inaccurate.” The property is described as Lot 5, Engstrom Beach Second Addition, West McDonald Lake in Edna Township. The audience was polled with no one speaking forcr against the request. After xfonsideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve foe variance as requested noting foe letter of support from foe township and noting that foe granting of foe variance as requested will not establish a precedenoe. Hardship is a substandard lot of record. Christopher Sieg, St. Paul, MN, requested a variance of 50 to 75’ from the required ordinary high water leyef s^acf^ of200’ for the temporary focsatfon of a travel trailer 125 to 150’ from the ordinary high water level (lake). The property is d^^crlbed as Lot 10, Block 1, Riveryiew Development, West Red River Lake in Friberg Township. May 2,2002 Meeting - The audience was polled with no one speaking for or against the request. After oonsideration and with the verbal consent of the applicant motion was made by Steve Schierer. second by Paul Larson and unanimously carried, to table the applicant's request for a bluff impact zone determination. The applicant was directed to contact the Land and Resource office for assistar>ce with Ihe bluff impact zone determination, June 6,2002 Meeting - After discussioft, motion was made by Randall Mann, second by Steve Schierer, and unanimously carried, per foe applicant request to table this application until foe July 3,2002 meeting of foe Board of Adjustment. July 3,2002 - After discussion, motion was made by Randall Mann, second by Steve Shderer and unanimously carried, per the applicant written request to table this application until foe July 11,2002 meeting of the Board of Adjustment. Leonard Walton - Approved as modified and with condition. (0:50 p.m.) QhfMopher Sieg - Tabled per applicant’s written req^uest Leonard Walton, Itent MM, requested a variance to cover 28.69% of foe total front .lot area with impervious surfaces. The maximum allowable impervious surface coverage is 25%. The property is described as Lot 27, Crystal Beadi, West McDonald Lake in Dora Township. The audience was polled wifo no one speaking for or against foe request. Aft®" consideration and wifo foe verbal consent of the appficant, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to table the applicant’s request for a determination, ty foe Land and Resource Department, as to the amount of area between the prppgtly^kes on foe la.ke side of foe applicant’s lot and the ordinary high water level. July 3,2002 meeting - After diseu^ion and rxinsideration, motion was made by Randall Mann, seix)nd by Steve Schierer and unanimously carried, to approve the use of tiie area between foe property stakes on the lake side of foe applicant's lot and the ordinary high water level when determining the 25% impervious surface caiQUlatiQn. However, it should be noted foat foe applicant’s proposed project cannot cover more than 25®/o of foe totai tot area as determine when adding this additional spat» to the area of the lot Addiuonai l^cjupsipn - From The April 4, 2002 Meeting. V\falter and Sandra. Morton, Richville, MN. requested a variance to subdivide a parcel of less than 5 acres (150' by 150’) from an existing 9.8 acre parcel for the purpose of permanent attachment to foe adjacent lake lot currently owned by Walter Morton, Jr. The 150’ by 150’ parcel contains the drain field for the above referenced lake tot. Tbe property is desaibed as a 9.8 acre fract in foe West SDO” of Government Lots 7 and 8 lying North of County Road 14 and a lake lot (.28 of an acne) in Government Lot 8, Section 25 of Dead Lake Township by Dead Lake. Pat Johnson, Century 21, represaited foe applicante at the public hearing. The audience waa polled v/lth Bob Deutschman spealdng for foe request After consideration, motion was made by Steve Schierer, second fay Paul Larson and unanimously carried, to approve the subdivision of a 150’ by 150’ parcel from an existing 9.8 acre parcel with the condition that it must be permanently attached to the adjacent lake lot which is currently owned by Walter Morton, Jr. and vrith the condition that a roistered sunreyor’s drawing must be provided. It was noted foat foe granting offols variance would enhance a substandard tot and will also join foe property, which contains foe drain field with the lake lot, which is currentiy being served, by the drain field. July 3^ 2QQ2. - After additional discussion, review and consideration regarding the balance of the property, motion was made fey Steve Schierer, second Randall Mann and unariimously ^rried, to amend the April 4, 2002 minutes to read as follows; to approve the subdivision of a 150’ by 150’ parcel from an existing 9.8-acre parcel vwth the following conditions 1.) the 150’ by 150’ parcel must be permanently attached to the adjacent lake lot, vsrhich is cunently owned by Walter Morton, Jr., 2) a registered surveyor’s drawing must be provided at the time of recdrdino, and 3.) the approximately 928 acres remaining after the proposed subdivision will rernain a feuildable iot tor jresidential purposes. With no further business, Randall Mann, ehaimnan declared the meeting adjourned at 10:02 p.m. Wayne Stein, Seeretary RECEIVED JULl SZ001 on the lake ©St. 1969 LAND a RESOURCE July 16, 2001 Ottertail County Doard Land & Resource Management 121 W. Junius Suite 130 Fergus Falls, MN b€>bZ>7 TOM HANSON PREZIDENT 714 Lake Ave. Pla:a Derroit Lakes, MN 56501 Oirice 218.847.8932 Fax 21S.S47.0502 Ce!i 612.850.0711 ',v',v-.v.;oirba:.com RE: Zorbaz of Ottertail Lake, Inc. Parcel #25-000-90-0423-000 Lot 4 Ottertail River Park Enclosed please find a check in the amount of $375.00 for the following: $75.00 Application Fee, $150.00 Variance Application Fee and $150.00 for a Conditional Use Application Fee. Also enclosed is the Application for Variance, legal description of property and scale drawing of lot with the removable deck cover. Zorba: ot Dctroic Lakes 402 Wes' Lake Drive Derroic Lake.s, MN 56501 21S.S47.5305 Zorba: or Litrle Pine P.R 1 Box 532 Perham, MN 56575 2I6.346.490C This rec^uest is for a removable deck cover 3ft x 30ft., the deck having been a part of Zorbaz for the last 15 \j&are. Please contact me if the meeting date of October 4*^'' is changed as I will be out of the country in September. Sincerdy, Zorba; ot .r'elican Lake RPs 4 Box 26y.A Pelican P^apids. MN 56572 21S.532.2254 Zorba: of Ottenail Lake 36108 Cry, Hv\-y. 72 Barrie Lake. MN 56515 218.864.597^ Zorba: of Cros.s Lake 36215 Ct>. Rd. 66 Cros.s Lake, MN 56442 21S.692.4567 Thomas W. Hanson President and CEOZorba; oat Gull Lake 6401 Lost Lake Road Lake Shore, MN 56468 218.963.4790 enc *1 PftGE:02TO:1^3^567FROM: GUI PERSON COMPANIES ElO-S-IT-OSGa ( Jnch(es) equals feeti)rld(s) equals feet, or Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW. lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. ' t Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)r X 100 =.%s Total Lot Area (FT2) Total Impervious Surface Onsite (FTZ) (pr< o \ ^<j - I -feo VI o:Pll Cl V “C. irw n 1WIKf ; a-A ooIT:»v i!0 V 2^Oi Tv,■Jt, <I {{'if {. 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I •!to )0* flW ■ v»c«K Lwnown!ILS5' received JUN 0 3 2002^ 4 LAND & RESOURCE // Legal Descrlptlon Lots Iliree (3) and Four (4) of Otter Tall River Park, according CO the Plat thereof on file and of record, and a strip of land lying adjacent to and immediately to the southwest line of the above Lots 3 and 4 of Otter Tail River Park 75 feet by 141.5 feet described as follows: Beginning at the Northwest corner of Lot 3 of Otter Tail Rlydr Park, thence in a southwesterly direction 75 feet and parallel to the northwest line of Lot 3, thence in a southeaster 1^^'direction and parallel to two lots a distance of 141.5 feet, thence to the southeast corner of Lot 4 a distance of 75 feet, being a part of Government Lot Five (5) of Section Four (4), Township One Hundred Thirty-three (133), Range Forty (40), Otter Tail County, Minnesota. the southwest line of said :lo jnch(es) equals feel^Scale;.grid(s) equals feet, or Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) (fa. S'/7‘f^O-.%X 100 =TTotal Lot Area (FT2) Total Impervious Surface Onsite (FT2) 6s5f I 8'^^;Lot '7fQ2 ? % ioCATlON RfiPOftT - PLAT DRAWING ll-^galcSrt^ieVlptlon: kfs 3'< TOHvt I f^lf(r-/iCl( Property Address:File fio.: 1ii'1 iii f!r 0 ■r- b, 7If? HW- rrf6¥l t 7^^ :2t/f 'f • 'S7 --t— uIV,\ wf \Vr r\_3J *- r-iM T ; 2 itnHi M. IM178. latralt lakis. Hlnesatt 5SSI2•21 ■Immsmi Me, leirelt Lakes, MH 56581 . r‘ - -: * ,y •f• v •: 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 Applicant must be present at the scheduled hearing. To Whom It May Concern: Thomas W. Hanson 714 Lake Ave Detroit Lakes, MN 56501 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, July 3, 2002, 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 Lots 3 and 4, Otter Tail River Park and part of Government Lot 5, E911 Address - 36108 County Highway 72 Section 4, Township 133, Range 40 - Township Name - Everts Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is: a variance to cover more than 25% of the total lot area with impervious surfaces. Per the applicant’s drawing the front lot has impervious surface coverage of 42.8% and the back lot has impervious surface coverage of 31.7%. The applicant is proposing the covering of an existing deck on the eastside of the restaurant. The applicant has noted that no additional impervious surface is being created by the proposed project. V)ayy\e/St&iv\/ Board of Adjustment Secretary Date: June 14, 2002 V 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 17th, day of June, 2002 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Thomas W. Hanson, 714 Lake Ave, Detroit Lakes, MN 56501 Roland Mann, Twp Clerk of Everts, 27234 368*" Ave, Battle Lake, MN 56515 Otter Tail Lake Assoc., PO Box 21, Battle Lake, MN 56515 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, DNR1221 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 Robert Schwartz, 31548 County Highway 75 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: June 17th, 2002 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud A L BHKHDA CHivi £;TCii-'iiERi:iL!i-j THGflAS W HAUSOi^ 2,1 A 9 COUNTY ivLiAD 111 • KEK'WLii;; FALLS, MJi St.5:i7--i42S 3BiB KivLU LR ■FARGO, HD 50104-6220' VERNON B LOVDGKKEi'i WILLIAB TaVluR ilSCiA JEFFERSON ST NE BLAINE, fIN 50434-1 SOS 1606 CQUHTV highway ill . UNIT 47 FERGUS FALLS, NN 5S537-S05A ,■ GORDON D i. HEATHER H KOFPERUD AGNES'G HACAL 3943 EEaLAND aVE' N NEW HOPE, NN 55427-.llc.e» 36074 COUNTY HIGHWAY 72 ■.BATTLE LAKE, MN 5.6515-9140 DANIEL ELLiO’i^'l' ■BERNARD L SHIRlEY A. MAHRER 57c. bellflower BLVi> N UNIT 204 LUNG beach, CA .303.14-4392 509,4TH AVE SW HaNKINSON, ND 53CI4I-444A can ALLA A EVELAHlif O'iTER TAIL lakes AREA SEWER aTTN JiULAND NANK . 2.7234 3Sa'l'ri AVE BATTLE lake, NN '505.15-9.140 Sow A A TiWBER HA LL.B TRL BA'l'iLL LAKE, NN 5o5a5-9I3B . CHARLES -L 3 CHERiL SHERBROOKE ROBERT L iU BEVERLY J LARSON 3SU32 COUNTY HIGHWAV 72' ■ BaT'J'LE lake, NN . 5S5A5-9A41> '517 "5sTH AVE BROOKINGS, SD 57066-6513"•y IRERE V BURROWS El AL WiLLlAh col'JOSEPHINE G TaVLOR BUToci i.iAAS'v' C; HEB.A, a2 b52U3-o157 IiUi UNION AVE K FERGUS FALLS, MR 56537-I21S iOfi W FINN RObB. F 'i. VaRGANIa L B03ECK B3U NORFOLK AVE . ELK RIVER, NN 557;-;U-25;;i7 Ptll bOK 4CiJi EAGLE BENL», AlN . 56446-0403 BarRi l nancy j ADAns LARRV i. ClYDEENE BABCOCK '35s64 TIHBER HILLS RD BAT': CL LAKE, HN 56515-9136 -2161 ILLINOIS AVE BOISE, ID 63706-4216 N JEANNE CAhiHhits'I HODAS COENaN 3Sv‘i'.''R 1;B.AA! LAi'iE -RA; Ralhv.;lLE, Hii 323 I3TH S']- N SAUK RAPIIiS, NN5657 6-'9651 56379-2142 ALHA ii BEAijAi'lAN•J A i...o. .liUNALB YAGGIE 5A4 Ac: St LGLl.IVb;R, IA Ci C. i AAU.A HA Ail ST t‘.ivECi'..ENRI E;OE, AiN5U53A -7:;.E6 ,56520-Al33 pArruu CUUjb - hu^i^L/nijd^ j J^ &-^Ux:±. *Z^ /b^'Cdu.od^ ^ ^dJL^Jy?n^ Jncd:AjHu:n .^iAM^a£A:h^ /idiJLt J^C^TUV id iuat jotd^su Oajl^ jCxAi4-.. 4- M B 'I I ;f 4 1July 3, 2002 Page # 2 Sterling and Patricia Tucker - Approved as requested. (6:56 p.m.) Sterling and Patricia Tucker, Battle Lake, MN, requested a variance of 65’ from the required ordinary high water level setback of 100’ for the replacement of an existing dwelling with a new 26’ 8” by 54’ 8" dwelling 35’ from the ordinary high water level. The property is described as Lot 15, Silver View Park, Silver Lake in Everts Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Robert Schwartz and unanimously carried, to approve a variance of 65’ from the required ordinary high water level setback of 100’ for the replacement of an existing dwelling with a new 26’ 8” by 54’ 8” dwelling 35’ from the ordinary high water level. It was noted that this would be an improvement as the existing structure is only 22’ from the ordinary high water level. It was also noted that the proposed structure is behind the string line. Hardship is a substandard lot of record. John J. Radlinger-Approved with condition. (7:20 p.m.) John J. Radlinger, Et Al, Frazee, MN, requested a variance of 43’ from the required ordinary high water level setback of 100’ for proposed changes to the roof line of an existing dwelling located 57' from the ordinary high water level at its closest point. The property is described as part of Government Lot 6, Section 21 of Hobart Township by Rose Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and carried with Paul Larson and Cecil Femling voting no, to approve a variance of 43’ from the required ordinary high water level setback of 100’ for changes to the roof line of an existing dwelling located 57’ from the ordinary high water level, at its closest point, with the condition that, on or before October 31, 2002, the existing fish cleaning shed must be either removed or placed in a location that complies with all of the setback requirement of the shoreland management ordinance. Hardship is a substandard lot of record. Mary J. Shirely - Approved as requested. (7:10 p.m.) Mary J. Shirley, Hopkins, MN, requested a variance of 8’ from the required lot line setback of 10’ and a variance of 18’ from the required road right-of-way setback of 20’ for the construction of a 24’ by 24’ garage 2’ from the rear property line and 2’ from the road right-of-way. A letter from Larry Dorn in support of the applicant’s request was read for the record. The property is described as Lot 13, Roinez Beach, Otter Tail Lake in Amor Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Robert Schwartz, second by Paul Larson and unanimously carried, to approve a variance of 8’ from the required lot line setback of 10’ and a variance of 18’ from the required road right-of-way setback of 20’ for the construction of a 24’ by 24’ garage 2’ from the rear property line and 2’ from the road right-of-way. Hardship is a substandard lot of record. Thomas W. Hanson - Denied. (7:20 p.m.) Thomas W. Hanson, Detroit Lakes, MN, requested a variance to cover more than 25% of the total lot area with impervious surfaces. Per the applicant’s drawing the front lot has impervious surface coverage of 42.8% and the back lot has impervious surface coverage of 31.7%. The applicant is proposing the covering of an existing deck on the eastside of the restaurant. The applicant has noted that no additional impervious surface is being created by the proposed project. The property is described as Lots 3 and 4, Otter Tail River Park and part of Government Lot 5, Section 4 of Everts Township by Otter Tail Lake. The audience was polled with Bob Russell, Attorney, speaking against the variance as requested. It should be noted that Mr. Russell was representing Tim and Missy Chisholm. Tim and Missy Chisholm have an interest in the property to the south of Mr. Hanson’s property. J"uly 3, 2002 Page # 3 Thomas W. Hanson - Denied. (7:20 p.m.) Continued. Bob Russell, Attorney, noted the following for consideration by the Board of Adjustment: 1) a non-approved deck constructed after the 1995 ice damage, 2) the deck is located 2’ from the lot line, 3) previously there was no deck on that side of the building, 4) the use of the deck was expanded by the addition of a door on that side of the building, 5) the expanded use of the deck has been to the determent of Mr. Russell’s clients, 6) the expanded use has allowed for overflow which has added noise and traffic problems, 7) no access to the business from the lake which results in customers trespassing on Mr. Russell's client’s property, 8) the increase height of the wall obstruct the view from the adjacent property, and 9) a non- permitted use is being expanded without a conditional use application being submitted for consideration. A letter from Bernard and Shirley Mahrer in opposition to the variance as requested was read for the record. A phone message from Mrs. William Taylor in opposition to the variance as requested was read for the record. The legal status of the existing deck was discussed. Mr. Hanson noted that covering the existing deck would not expanded or change the use of the existing business. After discussion and consideration, motion was made by Steve Schierer, second by Randall Mann to approve a variance to cover more than 25% of the total lot area with impervious surfaces as requested by the applicant. This motion failed to carry with Mark Steuart, Cecil Femling and Robert Schwartz voting no. Those voting for the motion noted that covering the deck would not change the existing condition or the impact on the adjacent property LeRoy G. Jones - Approved with condition. (8:14 p.m.) LeRoy G. Jones, Rockford, IL, requested a variance of 70’ from the required ordinary high water level setback of 150’ and a variance of 10' from the required road right-of-way setback of 10’ for the placement of a holding tank 80’ from the ordinary high water level and 0’ from the road right-of-way. The property is described as the West 700’ of Government Lot 1, Section 36 of Star Lake Township by Dead Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Paul Larson and unanimously carried, to approve a variance of 70’ from the required ordinary high water level setback of 150’ and a variance of 10’ from the required road right-of- way setback of 10’ for the placement of a holding tank 80’ from the ordinary high water level and 0’ from the road right-of-way with the condition that the applicant must obtain a letter of approval from the Star Lake Township Board of Supervisors. Omar W. and Darlene B. Ersland - Approved as modified with condition. (8:22 p.m.) Omar W and Darlene B Ersland, Fergus Falls, MN, requested a variance of 5’ from the required ordinary high water level setback of 75' and a variance of 1’ from the required east side lot line setback of 10’ for a 4 season room addition to the main floor, as depicted in the application and drawing, located 70’ from the ordinary high water level and 9’ from the side lot line at its closets point. The property is described as part of Government Lot 4, Section 13 of Elizabeth Township by Jewett Lake. The audience was polled with Jim Myhre speaking neither for or against the request, but rather seeking clarification regarding the roof line and the height of the proposed project and also indicating that he is considering a project which may also require a side lot line variance because of the angle of the lot line. After consideration, motion was made by Steve Schierer, second by Cecil Femling and carried with Mark Steuart voting no, to approve a variance of 1’ from the required side lot line setback of 10’ for the placement of a proposed addition 9’ from the side lot line and to allow for the placement of the proposed addition no closer to the ordinary high water level than what would be allowed when applying the string line from the southwest corner of the structure on the Jim Myhre property to the corner (point) closest to the lake on the Teresa Shannon structure with the condition that no more than 25% of the total lot area can be covered with impervious surfaces Hardship is a substandard lot of record and the biased lot line. OTTER TAIL COUNTY \v>vw.c(LoUci "tail.mii.us 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 July 12. 2002 Mr. Tom Hanson, President 714 Lake Ave Plaza Detroit Lakes, MN 56501 Dear Mr. Hanson, On behalf of Mr. Paul Larson, Mr. Randall Mann and Mr. Steve Schierer I wish to express their sincere appreciation for your thoughtfulness. However, because of their positions on the Otter Tail County Board of Adjustment they did not feel that it would be appropriate for them to accept your gift of appreciation. Enclosed please find the three medium pizza gift certificates. Again, thank you for your consideration, thoughtfulness and appreciation. Sincerely, Wayne Stein County Auditor (jB muniB at tn^ jilacB.m Guest’s Name Expiration DaleAuthorized Signature mf ^J^^BaBB (jB mu quBit h fn. Lit HHj jjfitCB. ^J^tjaiB Ui fn. /\<r^u. B mi /at mil jjtacB. *I Guest s Namei| / Guest’s Name •Ox Authorized Signatifre Authorized Si^aturemature Expiration Daleli8Expiration Date m RECEIVED V- JUL 1 1 2002 LAND & RESOURCE^on th« lake _^]est. 1969,^ July la 2(9(92 TOM HANSON PREZIDENT 714 Lake Ave. Plaza Detroit Lakes, MN 56501 K^r. tAeNe ^chierer Land 6 Rjes^^urce N^gmt. 121 \\/. Juniu5 Avfi. 13(9 r<2rgu5 faLLs. K^N 5633/Office 218.847.8932 Fax 218.847.0502 Cell 612.850.0711 www.zorbaz.com REj Z^^rbaz ^"bbertaiL Lake. Inc. Pear K^r. >3chierer:Zorbaz of Detroit Lakes 402 West Lake Drive Detroit Lakes, MN 56501 218.847.5305 I sincerely appreciate yeur support and understanding my request fer the ccNev L? remain ox\ my east side deck You seLdem have an easy decision and I understand it is generally a thankless job that yeu volunteer yeur time fer. Zorbaz of Little Pine RR 1 Box 532 Perham, MN 56573 218.346.4900 Zorbaz of Pelican Lake RR 4 Box 269A Pelican Rapids, MN 56572 218.532.2254 Thanks fer trying and keep up the goo6 Werk. If y^u happen io be in ene of my Tjorbaz, please be my guest fer a pizza. Zorbaz of Ottertail Lake 36108 Cty. Hwy. 72 Battle Lake, MN 56515 218.864.5979 ^ ’’WVery T ruly Yc^urs. NZorbaz of Cross Lake 36215 Cty. Rd. 66 Cross Lake, MN 56442 218.692.4567 Th/?mas \V. iJans^7n Prezident 6 Zorbaz of Gull Lake 6401 Lost Lake Road Lake Shore, MN 56468 218.963.4790 received JUL 1 1 2002 Lj^ND& RESOURCEon the lake1969,^ July la 2C>(92 TOM HANSON PREZIDENT 714 Lake Ave. Plaza Detroit Lakes, MN 56501 N^r. Paul Larsen Land 6 fZe5^urce 121 \V. Junius Ave. ^uite 13^ f^ergu5 f^aLLs. K^N 56537Office 218.847.8932 Fax 218.847.0502 Cell 612.850.0711 www.zorbaz.com R-L Z^?rbaz ^ttertaiL Lake. Inc. Pear N^r. Larsen:Zorbaz of Detroit Lakes 402 West Lake Drive Detroit Lakes, MN 56501 218.847.5305 I sincerely appreciate yeur suppert and understanding ef my request fer the ceVer te remain en my east side deck. Yeu seLdem have an easy decision and I understand it is generally a thankless jeb that yeu volunteer yeur time fer. Zorbaz of Little Pine RR 1 Box 532 Perham, MN 56573 218.346.4900 Zorbaz of Pelican Lake RR 4 Box 269A Pelican Rapids, MN 56572 218.532.2254 Thanks fer trying and keep up the geed Werk. If yeu happen h? be in ^>ne my Zz^rbaz. please be my guest for a pizza. ''-r' »Zorbaz of Ottertail Lake 36108 Cty. Hwy. 72 Battle Lake, MN 56515 218.864.5979 Very Truly Y^^urs. " Zorbaz of Cross Lake 36215 Cty. Rd. 66 Cross Lake, MN 56442 218.692.4567 Themas \V Jjansen Prezident 6 CQ/P Zorbaz of Gull Lake 6401 Lost Lake Road Lake Shore, MN 56468 218.963.4790 RECEIVED JUL 1 1 2002July 10.2002 UND & RESOURCEMr. R^ndaLL M^nn Land S Rjes^urce \^gv(\\i. 121 \J. Junius Ave. i)uii:<e 13^? fergu5 LaLLs. M^l 5653/ TOM HANSON PREZIDENT 714 Lake Ave. Plaza Detroit Lakes, MN 56501 R.L: Z^rbaz d?f ^ttertaiL Lake. Inc Pear M^nn: Office 218.847.8932 Fax 218.847.0502 Cell 612.850.0711 www.zorbaz.com I sincerely appreciate y^?ur support and understanding of my request for the co\/er io remain or\ my east side deck You seldom have an easy decisi^?n and I understand it b generally a thankless jeb that y^u V^?lunteer y^?ur time fer. Zorbaz of Detroit Lakes 402 West Lake Drive Detroit Lakes, MN 56501 218.847.5305 Zorbaz of Little Pine RR 1 Box 532 Perham, MN 56573 218.346.4900 Thanks for trying and keep up the g^ed W^rL If y^u happen fo be in ene of my Zjorbaz. please be my guest fc?r a pizza' Zorbaz of Pelican Lake RR 4 Box 269A Pelican Rapids, MN 56572 218.532.2254 ZincereLy. l969Zorbaz of Ottertail Lake 36108 Cty. Hwy. 72 Battle Lake, MN 56515 218.864.5979 Thomas \s/.-Uans^n ^ ^ Prezident & C^JO Zorbaz of Cross Lake 36215 Cty. Rd. 66 Cross Lake, MN 56442 218.692.4567 PZ; I certainly h^?pe the new chairman b as reasonable and thoughtful as you. I Wish you Weren’t giving up the leadership role, ^ne of your obvious strengths is your desire to always seek a solution rather than out of hand to dismbs a request. Thanks for helping ottertail County move in a positive direction. Zorbaz of Gull Lake 6401 Lost Lake Road Lake Shore, MN 56468 218.963.4790 DAVID J. HAUSER OTTER TAIL COUNTY ATTORNEY 121 WEST JUNIUS, SUITE 320 FERGUS FALLS. MINNESOTA 56537 (218)739-2271 FAX(218)739-4630 ASSISTANTS BARBARA R. HANSON KURT A. MORTENSON MICHELLE M. ELDIEN NICOLE S. C. HANSEN INVESTIGATOR J. ALLAN ANDERSON July 18,2002 RECEIVED JUL 1 8 200Z LAND & RESOURCEThomas W. Hanson d/b/a Zorbaz 3618 River Drive So. Fargo, ND 58104 RE: Zorbaz - Otter Tail Lake Dear Mr. Hanson: On April 15, 2002, Wayne Roisum from the Office of Land & Resource Management sent a letter to you indicating that you appeared to be over the 25% impervious surface restriction under the Otter Tail County Shoreland Management Ordinance because of your deck addition to Zorbaz on Otter Tail Lake. An additional letter was sent on April 19, 2002, indicating that you must bring the structure into compliance by May 3, 2002. Since that time, I understand that you applied for a variance before the Otter Tail County Board of Adjustment. Mr. Roisum has contacted me and indicated that you were denied your variance. Therefore, in order to bring the property into compliance, you must remove the deck addition to the south of your property by August 1, 2002, or 1 will have no choice but to file a formal criminal complaint. If you have any questions, please do not hesitate to contact Mr. Roisum or myself Very truly yours. \ Michelle M. Eldien MME^ cc: ^ayne Roi Svingen, Athens, Russell, Hagstrom, Haugrud, Karkela & Cline PLLP R. Krislian Svingen * ■ Robert L. Russell ♦ Dennis W. Hagstrom A Allen Haugrud Terry A Karkela J.J. Cline Offices in: Attorneys & Counselors at Law Fergus Falls Perham Battle Lake August 1,2002 r-L.Weekly Office Hours in:Associates: David J. Eilertson* Ryan E. Riesv Dalton UnderwoodMr. Bill Kalar Land and Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 1 0 ^ Z002 Of Counsel: Thomas C. Athens Re: Zorbaz Dear Mr. Kalar: Our office represents Bill Taylor and his daughter and son-in-law, Tim and Missy Chisholm. Mr. Taylor is the owner of Lot Five of Otter Tail River Park, which is the lot adjoining the Zorbaz property on the east. As a result of work done in preparation for a recent hearing on a variance request by the owner of Zorbaz, Thomas Hanson, my clients became aware of the fact that Mr. Hanson had added to his structure to the east without obtaining the necessary' variance from the setback requirement. It also appears that Mr. Hanson has materially increased the use of the property by adding a door on the east side of his building and constructing a partially enclosed deck on that side. My clients question how this can be done within the parameters of the original conditional use permit issued in 1987. Because of these unauthorized changes, my clients regularly have customers of Zorbaz trespassing onto their property and are exposed to unwelcome noise/music emanating from the interior of Zorbaz. In addition, on the other side of the road Mr. Hanson places his dumpster very close to the road and the common boundary line separating his and my client’s property. Garbage regularly blows out of the dumpster and/or spills onto the ground, including cooking grease that leaches onto my client’s property, creating a terrible smell. To address the foregoing, my clients believe Mr. Hanson should be required to remove the eastern door and the additional structure added to his property that violates the setback requirement. It would also make sense for the dumpster to be relocated, closer to Mr. Hanson’s cabin and away from the boundary line. Please advise if your office can be of assistance with respect to any of these issues. Sincerely, Robert L. Russell Also admitted to practice in ND t Civil Trial Specialist Certified by the Minnesota State Bar Association Qualified ADR Neutral Civil Mediation/Arbitration * Real Property Law Specialist Certified by the Minnesota State Bar As.sociation A Qualified ADR Neutral Civil & Family Mediation/Arbitration 125 South Mill • P.O. Box 697 • Fergus Falls, MN 56538-0697 218-736-5456 • toll free: 800-625-3122 • Fax: 218-739-5331 • email: manager@firmanswer.com - ^ic me k1Q"\S \L> ^ V I I -4 received 0 9 2002 LAND & RESOURCE MEMO OTTER TAIL COUNTY ATTORNEY 218/739-2271, Ext. 200 Wayne Roisum - Land & Resource Mgmt.TO: Michelle Eldien^^^^^FROM: September 5, 2002DATE: ZorbazRE: As you know, I sent another letter to Tom Hanson concerning Zorbaz on July 18, 2002, indicating that he must bring the deck addition into compliance by August 1, 2002. Please let me know if you have any information as to the deck addition and what your wishes are as to Mr. Hanson. I look forward to hearing from you. RECEIVED SEP 1 7 2002MEMO LAND & RESOURCE OTTER TAIL COUNTY ATTORNEY 218/739-2271, Ext. 200 TO:Wayne Roisum - Land & Resource Mgmt. FROM:Michelle Eldien DATE:September 16, 2002 RE:Zorbaz As we discussed, please find enclosed a copy of the letter from attorney Bob Russell, dated August 30, 2002, and a number of photographs attached thereto. Please let me know if your wish was for me to proceed with a criminal prosecution at this time, or if we were waiting for further action by Mr. Hanson until the spring of 2003. I look fonward to hearing from you. Thank you. Svingen, Athens, Russell, Hagstrom, Haugrud, Karkela & Cline PLLP R. Krislijii .S\ingcii KohL'rl I.. Riissdl * Dennis \V, Hngsirimi A Allen llniigrud Tern A Knrkela ♦ .1,1. Cline Offices in: Attorneys & Counselors at Law hViyiis KljDs Peiiuim Riiulc I.akc I Weekly Office Hours in:Associates: Oav. k! .1. Kilcrlson Ryan K. Rk's^August 30, 2002 Dahon Underw ouJ Of Counsel: rhomas C. Alliens 0 3 2002Mr. Bill Kalar Land and Resource Management Otter Tail County Courthouse Fergus Falls, MN 56537 Re: Zorbaz Dear Mr. Kalar: As we discussed, I am forwarding to you copies of some pictures my client took in the spring of 1995 that reflect the building and deck before its owner illegally added on to them. The destroyed shed you see in the forefront of two of the pictures is my client’s. You will note that the pictures clearly show that the porch did not originally extend beyond the original eastern edge of the Zorbaz building. When I visited the structure on August 9, 2002, it was clear that both the deck and the partially screened in eastern addition come very close to my client’s boundary line. In the addition, I viewed five tables with four chairs at each one, one table with three chairs, and three neon signs, as well as a speaker for music. On the extended deck, there were two picnic tables. If you need anything further of me, please advise. Very truly yours. Robert L. Russell (®)Enc. c: Tim Chisholm Also admillcd lo practice in ND t Civil Trial SpccralisI Certified by the Minnestrla Slale Bar Assoeialion « Qualified ADR Neutral Civil Medialion/Arbilralion * Real Properly Law Speciali.sr Cerlified by Ihc Minnesota Slale Bar Association A Qualified ADR Neulral Civil & Family Medialion/Arbilraliiin 125 Souih Mill • P.O. Box 697 • Fergus Falls, MN 56538-0697 218-736-5456 • toll free: 800-625-3122 • Fax: 218-739-5331 • email: manager@firmanswer.com /■ 0 'V- VT< • nj ' /r fn(V # ^4 ✓•M i** -i* -■_» r —''ii,4?: \ \4»eg ■f^ '• •*- ^ '■- !i*.:- "Sfes^-x '■- , V»~- i^s^'r'rv. y-'- ^ > ' '■' \*>; «-< .r : • > ’-';. . •*'. •*. -^.,tw^*\*'» ’ ' *•’ ' . ' V '■: y . » ' ■ " ' j'in f ^ ^5F,..Wr > • ‘-* ' t>,-fvO i » 1'•.■'f ■■>. -- - i?.‘- V^ .., V # **r:. i sSS. '. 5^ m V PIZZA A MEXICAN REZmiRANT :A!a ? ^ool ItJ 0(KC>^-A - P<» OiSTV/iS 'y/zd/d 4/ 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 DAYTIME PHONE^l^PROPERTY OWNER -J\ 4-ADDRESS LAKE CLASSLAKE NAMELAKE NUMBER 153 TOWNSHIP NAMETOWNSHIP PARCEL NUMBER '2^^/yyT) OA 'Z^ RANGESECTION 3j^i 0*5 C3dj\^FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Subdivision____ Cluster____ MIsc. “ f Structure Size____Sewage SystemStructure Setback SPECIFY VARIANCE REQUESTED 5 ('cU. 0"^ Iv'd be_ N-17 M \P cJ-1 / IH 't LiC_ ^ N. ? V" /H. eel iu rV IN ^ /\ecjf~rn ^ a 'i>g1 I'm ^ U/Ml Moi" in. 4:L(i_ lopr^ T Uo a Ml7Ne_| Q W" q.J i ^'dc<.c.g__ pe tr>cu_v^H Cc\g_ jj A/c?i~ G-iA4/^e_a. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. c/o.cJd -Xcre_eHoc( o K :3 1 iNa. I ^Uq. I P'C'Vi’v7U a ’r'C<u.M. 4^ ^/ etdIvq J I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. [ H- DU111DATEIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) /flML tiL (Jj^iMXurTU, Jb 4 Se.-^ L -^l^'Z ) ^ '' w RECEiVEDMay 31, 2002 JUN 0 3 2002 Ottertail County Board Land & Resource Management 121 W. Junius Suite 130 Fergus Falls, MN 56537 ^on th« lake LANDS RESOURCE RE: Zorbaz of Ottertail Lake, Inc. Parcel #25-000-9900423-000 TOM HANSON PREZIDENT 714 Lskc Detroit Lakes, MN 56501 A REQUEST TO EXCEED THE 25% IMPERVIOUS SURFACE REQUIREMENT. Office 218.847.8932 Fax 218.847.0502 Cell 612.850.0711 www.zorbaz.com Regarding the enclosed variance request, I am asking for permission to leave up the cover I have installed over an existing deck that has been in place since 1991. As was discussed when I appeared at the zoning meeting to have this approved in April, no apparent negative impact will result from leaving this screened in deck as it now stands as there are no neighbors it affects and the impervious surface is not being changed. The seating is not being changed on the premises and the specific purpose of this area is to provide cover during inclement weather. Zorbaz of Detroit Lakes 402 West Lake Drive Detroit Lakes, MN 56501 218.847.5305 Zorbaz of Little Pine RR 1 Box 532 Perham, MN 56573 218.346.4900 It was apparently a misunderstanding on my part regarding the request in April as I assumed since no change in the impervious surface or seating' would not require a variance for the impervious surface percentage. I am at this time asking for a variance on the impervious surface requirement. Zorbaz of Pelican Lake RR 4 Box 269A Pelican Rapids, MN 56572 218.532.2254 After discussing this with Bill Kalar it has been pointed out to me that the number one concern is any negative impact on the lake because of this cover over the east deck. Mr. Kalar stated to me that it was his personal opinion that this would have no effect on the lake and he could see no mason for it not to be approved. Zorbaz of Ottertail Lake 36108 Cty. Hwy. 72 Battle Lake, MN 56515 218.864.5979 The screened in area does not affect the sight lines or appearance as I own the property directly behind the business and there are no neighbor? on the lake in either direction for 1,000 feet Zorbaz of Cross Lake 36215 Cty. Rd. 66 Cross Lake, MN 56442 218.692.4567 With these considerations, it would seem the previous approval would be the logical result to this request.Zorbaz of Gull Lake 6401 Lost Lake Road Lake Shore, MN 56468 218.963.4790 0Sincerely, Thomas W. Hanson Prezident & CEO OH