HomeMy WebLinkAbout03000110074001_Variances_12-03-2005OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify thatthis instrument # 10 4 91.4 6
1049146
was filed/recorded in this office
for recor^m^e 'X .day of
.2008 at amWendy L. Metcalf rder
bv:.0
recording fei
well certified
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
Ki- pa'i-otfp.
. /VN
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date\2«JL Clu
^/o JJ/PROPERTY OWNER DAYTIME PHONE
U* \0C*^ ^ lo OMAILING ADDRESS
LAKE CLASS NBLAKE NUMBER LAKE NAME
111 RANGE TOWNSHIP NAMESECTION___U TOWNSHIP
PARCEL
NUMBER
E-911
ADDRESS PijL B*>y Ri.woomodi
^ ^ W ME. Ce.r S l-K +t.
5WLV/ $CUy .^2 AC J33' Ho'hw f i'27. 82 5*^ W-^5
auL' NtLy ^rp (iLMvyi
LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback ^ Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ‘V.^ V
, j . , cxihit* cKKf/i. SUx-X <=»'^
:: ^ tv
Worwe. ti A A, Cw?U V?P 15
K-;A ;v FeeP
UC£
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.
(jj 6 fuUy]
DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
it t
hit', I«.
^ -A
'"7
Date Of Hearing Time
Motion
Red Rock Gun Cliib - Approved the variance application as requested. (9:07 p.m.)
After discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried, to approve a
variance of 125’ from the required ordinary high water level setback of 200’ for the replacement of a mobile home with a 20’ by 32’
cabin and 10’ by 32’ deck 75’ from the ordinary high water level as depicted on the drawing submitted with the variance
application. It was noted that the proposed development will be further from the ordinary high water level than the existing mobile
home and that the proposed development will be a general improvement to the property. It was also noted that all other setback
requirements are being met. It should.also be noted that the variance as approved does not directly or indirectly grant any other
variances for the proposed development.
mCharfman/utterTail County Board ot/Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
0Copy 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
,.
CERTIFICATE OF SURVEYFor: ^acK ,, , ^ ,g/.'^nhUtsAi^ and of fhe S^kof /Vc ^
SECTION \t TOWNSHIP 133. RANOpy^, IN OTTER TAIL. COUNTY,
MINNESOTA
03000/1007V00/
PART OF
/"» So'
r\A
'O «\l ■;> >*
C 'v ^LEGEND
m - rouKO iwu uo;juuiM '
^ - BtQH ROa $cr MID IMtZCO V/ nini LMO sumcvDR ico. i9t67
- puntoynccoRoco
- COSCMTtC StWtFMC
- 0ITUU7I0US SURTACt
•> CRwn. suRncc
- UTtUIT PCDESTn
UTRJTY POLE- rDce 0 I I— »ovcA.Mfw cucimc V I
t,£as/'b(/esf Cfuarier /•*?£ ,^CC.Hff ^
V-/VU'
SoiaM ffneof
I
That part of Sublots A and B and of the South Half,of (he Northeast Quarter (S'/iNE'A) of Section
Eleven (11), Township One Hundred Thirty-Three (133), Range Forty-Two (42), described as follows:
Commencing at the Southwest comer of said Sublot A (for descriptive purposes only the South line of said
Lot A has an assumed bearing of East); thence North 49°32'40" East 227;82 feet to point of beginning; thence
South 63*58*40" W«t 62.45 feet; thence North 42“06'50" West 266 feet more or less to the shoreline of Fish
Lake; thence Northeasterly on said shoreline to the intersection with a line projected at North 42*06’50" West
from point of beginning; thence South 42‘’06’50" East 274 feet more or less to point of beginning. Together
with a perpetual right of way and easement for the purpose of ingress and egress between the public road and
the above described tract over and upon a private roadway beginning at the public road near the Southeast
comer of the Southeast Quarter (SE'A) of Section Eleven (11), Township One Hundred Thirty-Three (133),
Range Forty-Two (42), and running in a northerly direction across the East One-Half of the Southeast Quarter
(E'ASE'A) of Section Eleven (1 l),.Township One Hundred Thirty-Three (133), Range Forty-Two (42) to the
above described tract.
I herein certify that this survey, plan or report wos prepared by me or
undo- my direct supervision ond that I am o duly Licensed Lond ' . ^iveyor under the lows of the State of Minnesota.moore engineering me.
fergus falls, minnesoto
Barton G. Ahrens. Uinnesota License Na 19162 Ode
■r
' ®REVISIONS PART OF .j?ryi?.LOTs/) ANDj9 IN
.SEC. y/; T 133, R.^^^IN OTTER TAB. COUNTY. MINNESOTA SKETCH OF SURVEY
Survey O-•Z't:-zao8
DRAWING nit:,;,
;
December 's, 2008
Page # 3
Guy Johnson - Approved the variance for the fence as requested, denied the requested variance for the
enclosed deck/sun porch and approved an alternative location for the porch. (8:31 p.m.)
Guy Johnson, part of Government Lot 6, Section 16 of Candor Township by Leek Lake, requested the following:
Owner enclosed existing 8’ wide deck across front of manufactured home as a sun porch. Variance from 100’
lakeshore setback required. Manufactured home is 73’ from ordinary high water level. Front of sun porch is 65’ from
ordinary high water level at closest point on variable shoreline. Property owner is requesting a variance of 35’ from
the required ordinary high water level setback of 100’ for the location of an enclosed deck 65' from the ordinary high
water level. Also, requesting a 10’ variance from the required side lot line setback of 10’ for the placement of a vision
obstructing fence on boundary with public access and 40’ from the ordinary high water level. Carl Malmstrom,
Attorney, appeared with the applicant at the public hearing. The audience was polled with no one speaking for or .
against the variance as requested. A letter from Jeanette Wardwell in opposition to the variance as requested was
noted for the record. A letter from Bruce Winterfeldt, Trails and Waterways Area Supervisor expressing concerns with
the variance as requested was read for the record. After discussion and consideration, Paul Larson made a motion,
second by Carl Zick and unanimously carried, to approve the variances for the vision obstructing fence as requested
in the variance application dated November 8, 2008, to deny the variance as requested for the enclosure of the 8’
wide deck and to approve the placement of a porch no closer to the ordinary high water level than the existing
manufactured home with the condition that the existing non compiying/non permitted sun porch must be removed on
or before July 1,2009. It was noted that adjacent public access and the size of the public access creates a unique
situation for the applicant and the fence will provide privacy and protection for the applicant.
Gary Frazier Et Al - Approved a modified variance. (8:50 p.m.)
Gary Frazier Et Al, part of Government Lot 1, Section 10 of Lida Township by Crystal Lake, requested the following:
We are asking to replace the existing 18’ by 22’ dwelling that is 1T from ordinary high water level with a two-story
dwelling, 20’ by 25’ by 28’ high. The proposed new dwelling will have 2 second-story decks, sized 7’ by 19,5’. There
will also be a 6’ by 7’ utility addition on the dwelling to accommodate a 200 gallon sewage basin with pump and alarm.
The proposed replacement dwelling and decks will be 20’ from the ordinary high water level at the closest point
(easterly side). The septic system will be constructed on the mainland portion of this parcel. Andrus Watkins and
Scott King represented the applicant at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Steve
Schierer and unanimously carried, to approve the replacement of a dwelling, as currently allowed by law (same size
and height as existing dwelling), in a location that is equally setback from the ordinary high water level on all sides and
at a location/eievation that will maintain the required 3’ vertical separation. It should be noted that the variance as
approved might required that the structure is not placed in a location that is equally setback from the ordinary high
water level on all sides in order to maintain the required 3’ vertical separation; therefore, the location is to be
determined by the Land and Resource Department in cooperation with the applicants/builder. It should also be noted
that the variance as approved does not directly or indirectly grant any other variances for this development. It is
important to note that the size and height of the structure.cannot exceed the size and height of the existing dwelling.
The variance as approve should provide the applicant with a reasonable use of their property.
Red Rock Gun Club - Approved the variance application as requested. (9:07 p.m.)
Red Rock Gun Club, part of Sub Lots A and B and the South Half of the Northeast Quarter, Section 11 of Aurdal
Township by Fish Lake, requested the following: request variance from lake setback. Request setback of 75’ to
replace mobile home with a 20’ by 32’ cabin and deck of 10’ by 32’. Mobile home is located 70’ from high water mark
(set by Land and Resource). Cabin and deck will be located 75’ from ordinary high water mark. Variance is for 125’.
Gene Smith represented the applicant at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by
Michael Harris and unanimously carried, to approve a variance of 125’ from the required ordinary high water level
setback of 200’ for the replacement of a mobile home with a 20’ by 32’ cabin and 10’ by 32’ deck 75’ from the ordinary
high water level as depicted on the drawing submitted with the variance application. It was noted that the proposed
development will be further from the ordinary high water level than the existing mobile home and that the proposed
development will be a general improvement to the property. It was also noted that all other setback requirements are
being met. It should also be noted that the variance as approved does not directly or indirectly grant any other
variances for the proposed development.
%CERTIFICATE OF SURVEY. Fir: ^acf(, t>oi>/tS - " . /^-a•SukUM Fi^ ond oi m S'i.ef ^
SECTION II TOWNSHIP 133, RANGEViZ. EM OTTER TAIL’COUNTY,
PART OF"7-
Sk
MINNESOTA
P/N ^ O3000l(00‘7‘i/O0/
/"» So'
s
r.'O ^ <5»
^ C\l
^ S?
LEGEND
A ' rows etoa uomuimO - SSI ROO SCT AHO l/AXZtO UUO SUJQCVOR ttO. t9l63« ptAnLP/na<naco
vP Ia- COrjfSDE StUfACC k'C“ OITUUfJOUS SOJVKE
" CRAVn. SUftfACE
- utruy pfiesTAi
- uTRjrr «i£■^cuM /tnttf ■ V-> roKt
_ B (Mm .HEAD DXCtffC0 ^UFUt,5ui^/of ^ X
^ Fas'f' 'l^esf dfuarier A'^£, ^ec. /I
I
That part of Sublots A and B and of the South Half, of the Northeast Quarterj>(S 'ANEVi) of Section
Eleven (11), Township One Hundred Thirty-Three (133), Range Forty-Two (42), described as follows:
Commencing at the Southwest comer of said Sublot A (for descriptive purposes only the South line of said
Lot A has an assumed bearing of East); thence North 49°32'40" East 327.82 feet to point ofbeginning; thence
South 63*58*40" West 62.45 feet; thence North 42*06*50" West 266 feet more or less to the shoreline of Fish
Lake; thence Northeasterly on said shoreline to the intersection with a line projected at North 42*06'50" West
from point of beginning; thence South 42°06’50'* East 274 feet more or less to point ofbeginning. Together
with a perpetual right of way and easement for the purpose of ingress and egress between the public road and
the above described tract over and upon a private roadway beginning at the public road near the Southeast
comer of the Southeast Q^rter (SEA) of Section Eleven (11), Township One Hundred Thirty-Three (133),
Range Forty-Two (42), and running in a northerly direction across the East One-Half of the Southeast Quarter
(E/iSEA) of Section Eleven (11), Township One Hundred Thirty-Three (133), Range Forty-Two (42) to the
above described tract.
;
I herein certify that this sutv^, plan or report was prepored by me or
under my direct supervision and that I om a duly licensed Lond
Surveyor under the lows of the Slate ot Memesota.moore engineering me.
fergus falls, minnesoto
Barton G. Mirens, Uinnnoia License No. 19162 Date
L
' ®REVISIONS PART OF Jfly^LOTs/1 AND^ IN
SEC.// T. 133. R./4Z.IN OTTER TAIL COUNTV. MINNESOTA SKETCH OF SURVEY
EDSurvey 0r^x~zoos
WUniNG fUE:
SCALE DRAWING FORM
D3C€>Oi\OdmoOl"I—Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
%Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
■
V
2U [
I■■
t
1
r
/
- V7
I
12 )
;
I
...r 7'<i
\
no*
i ^'4\/ '
j
I!I
•i
. ^
1
[xy^ iAji>
Signature of Property Owner Date
BK —0207 329.086 • Victor Lundwn Co. Ptirtets • Fotgus Fs»!. MN • 1.800-3464870
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
80 Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s);
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:00 Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
^^6'" 3 ?■ ^97 X100 = 0.7 9 7o
TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO
, asHiS-5.‘^3Ao
SCALE DRAWING FORM
n’xooo w om^\r)01
Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotiines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and iocation of ali existing and proposed structures, additionai onsite impervious surfaces, road right-of-way(s), ordinary high
water ievei(s), septic tank(s), drainfieid(s), biuff(s) & wetland(s). Must aiso inciude aii proposed topographicai aiterations.
\ - 2. S -PceV %Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
9^'
r
4 7K
8
:r .
5iOX-3i .TL
i
:~T1 JiecK.
!
■O
16-----i 128'ii
i 't
f!’
■ II
:%I
\
1j
zzT
V
byc\-S.
i
i
I1
ii
I „
I
!
• • r
1
/hl3
Signature of Property Owner N Date
328.08S ajfnot Lundwn Co. Piiotars • Feigus Falls. UN • ia00.34&4870BK — 0207
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Mo Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
g>D Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
[2.0 O Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
.^5 3^%X100 =)2^oo —
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
7.-79 V,r . 077 'X- /oO1200 ' t‘^3^3^0la-L \ oy 6' ^
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.6ttertail.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:
Red Rock Gun Club
C/0 William Reynolds
5248 W. 106'!’St.
Bloomington, MN 55437
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the OtterTail 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
WednesdayV December 3, 2008 at 7:30 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.
‘ The property concerned in the application is legally described as
Part of Sub Lots A and B - South Half of the Northeast Quarter,
Property Address - 26597 Fish Bay Road
Section 11, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56- 684, Lake Name - Fish, Class - NE
The variance requested is -
the following: request variance from lake setback. Request setback of 75' to replace mobile home with a 20' by 32’ cabin and
, deck of 10’ by 32’. Mobile home is located 70’ from high water mark (set by Land and Resource). Cabin and deck will be located
75’from ordinary high water mark. Variance is for 125’.
‘Wayne Stein-
Board of Adjustment Secretary
Date: November 12, 2008
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
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:
Red Rock Gun Club
C/0 William Reynolds
' 5248 W. 106'^ St.
Bloomington, MN 55437
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
Wednesday, December 3, 2008 at 7:30 p.m.,
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public
entrance iocated 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.
The property concerned in the application is legally described as
Part of Sub Lots A and B - South Half of the Northeast Quarter,
Property Address - 26597 Fish Bay Road
Section 11, Township 133, Range'42 - Township Name-Aurdal
Lake No. 56- 684, Lake Name - Fish, Class - NE
The variance requested is -
the following: request variance from lake setback. Request setback of 75' to replace mobile home with a 20’ by 32’ cabin and
deck of 10’ by 32’. Mobile home is located 70’ from high water mark (set by Land and Resource). Cabin and deck will be located
75’ from ordinary high water mark. Variance is for 125’.
fUaytie Stein
Board of Adjustment Secretary
Date: November 12, 2008
S
FINDINGS OF FACT,
SUPPORTING/DENYING AN AREA VARIANCE
i. 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 ofthe 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.
Will the request have an adverse effect on govenunent services? Why or why not?2.
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?
3.
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 14th, day of November, 2008 the attached Notice of Heanng for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Red Rock Gun Club, Attn: Bill Reynolds, 5248 106*^ St W, Bloomington, Mn 55437 2871
William Davis, Twp Clerk of Aurdal, 24524 W Rivers Bend Rd, Fergus Falls, MN 56537
Pelican Group Lake Improv. Dist., Fred Manuel, 26271 Ottoson Rd, Detroit Lakes, MN 56501
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Terry Lejcher, DNR 1509 1®‘ Ave N-, Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Hjghway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
CarI Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN. 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
David Trites, 20944 Westwood Dr,,Clitherall, MN 56524
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail af Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: November 14th, 2008
Wayne Stein, Secretary
Otter Tail County Board of Adjusthfient
i/x"By:
Vi Manderud
CURTIS S HYACINTH M ANDERSON .
26432 FISH BAY RD
FERGUS FALLS MN 56537 8030
RED ROCK GUN CLUB
ATTN BILL REYNOLDS
5248 106THSTW
BLOOMINGTON MN 55437 2871
WAYNE L TABBUT
26909 260TH ST
FERGUS FALLS MN 56537 8001
1
'.1
•i'
-
;
r
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1ST
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # ostooilooi^o ^1
described in my ___________
dated
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Appiication(s).
Application
, As a result, it may not be possible for
PROPERTY
LU ^F\0
OWNERDATED
11-02-04
Mbowman forms-apps waiver 60 day rule
THE ABOVE SPACE IS RESERVED FOR THE COUNIY 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
Accepted By / Date
frz f?/ °
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
- / fiUKJ CLIX!^
PROPERTY OWNER ^ (/[//
\M. fO(>rfi rr. Bu^qm tfjertKf S~'S~V^7
DAYTIME PHONE
MAILING ADDRESS
5&“^ /^8 ^LAKE CLASSLAKE NAMELAKE NUMBER
A(J0M2SECTION I [ TOWNSHIP 1 33 TOWNSHIP NAMERANGE
E-911
ADDRESS
PARCEL
NUMBER QJlloo 30 o oUPcn^bOi
/I *^.8 5 NE V*i Cor s L\ h
hff^L\j fje^y
LEGAL DESCPIPTIO
Ql^'
3^' ^0 Oet-j r * ^2.
00 tl/l?. ApP /yl//, (/>ni7\/\}\
.^‘2 /Ic
FP
TYPE OF VARI^CE REQUESTED (Please Check)
Cluster Misc.SubdivisionStructure Size Sewage SystemStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REOUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION., ,vcyc.'Ae.c^ W U«Ta ^ bt^Tc ,
4® -ioO' (UV -icAWf-. -Tc
P'Y'oOOV*^ coJotV —ii ^
O^Ljla^ txs-tcJtO lJ i''U Yii,
o C I \ O ^ /Co Y V CTAaCOv, C
yvvob V W Vus yvut
looJcU^ ^
W- ^coAd \ t-^
j .\c4Cl ^ |\\V
rer>n
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 MATTEBr-,
DATE 'SIGNATURE OF PROPERTY OWNE^/ AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
SC^y^O
Date Of Hearing Time
Motion
Red Rock Gun Club - Withdrawn
On Wednesday, November 5, 2008 the Land and Resource Department received a letter from the applicant stating that they were
withdrawing their application due to a miscalculation. The Board of Adjustment acknowledged and accepted the applicant’s letter.
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, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls. Minnesota
November 6, 2008
Page # 4
Carl and Eunice Vender - Denied. (7:40 p.m.)
Carl and Eunice Vender, Lot 1 Block 3 Blarney Beach, Otter Tail Lake in Everts Township requested the following:
Proposing a replacement structure being approximately no larger than 2,600 square feet (House and Garage) (40’ by
75’ maximum). We are requesting a variance of 10’ from the west road right-of-way. The required road right-of-way
setback is 20’. We plan to eliminate 2 of the existing 3 storage sheds. Please note that we do not have complete
plans of the proposed structure but it will be no larger than 2600 square feet of enclosed building. The audience was
polled with Jim and Paul Sinner expressing concerns (view obstruction, drainage and road access) with the variance
as requested. An email from Brad Schriber expressing concerns with the variance as requested was read for the
record. After consideration and discussion, Steve Schierer made a motion, second by Carl Zick and unanimously
carried, to deny the variance as requested as no adequate practical difficulties/hardships had been shown that would
allow for the granting of the variance as requested, the applicants can obtain a reasonable use of there property
without the granting of the variance as requested, the variance as requested is a substantial variation from the
requirement of the ordinance and there is another feasible method to alleviate the need for a variance.
Rock Gun Club - Withdrawn
Red Rock Gun Club, part of Sublots A and B and of the South Half of the Northeast Quarter, Section 11 of Aurdal
Township by Fish Lake, requested the following: Request variance for lake setback for variance of 110’ from the 200’
setback to replace mobile home with a 20’ by 32’ cabin with a 10’ by 32’ deck. Mobile home is located 80’ from lake.
The proposed cabin and deck will be 90' from lake. All other setbacks will be met. On Wednesday, November 5, 2008
the Land and Resource Department received a letter from the applicant stating that they were withdrawing their
application due to a miscalculation. The Board of Adjustment acknowledged and accepted the applicant’s letter.
Cy and Cynara Stadsvold - Minnesota Supreme Court Remanded Hearing -
The following is from the September 1, 2005 minutes -
Cy and Cynara Stadsvold - Denied. (8:38 p.m.)
Cy and Cynara Stadsvold, Lot 6 Walvatine Addition, Blanche Lake in Everts Township, requested the following: We
are requesting a variance on the property setbacks as shown on the attached survey by David A. Anderson,
professional land surveyor. The original site plan that was submitted for the building permit in 2002 showed the house
and garage with the correct setbacks. Unbeknown to us, our builder, Richard Hochstein, did not at any time attempt
to find or verify the correct property lines when he located the house and garage on the property. We did not find out
there was an issue with the setback lines until last September, when the septic permit was applied for, after the house
and garage had been built. 389’^ Ave is 10’ wide, dead end, dirt road located approximately 34’ from the property line
and 39’ from the garage. We are the next to the last house at the end of this dead end road. Garage built 5’ from
road right-way. Part of the south side of the house is 5’ from the lot line and the west side of the house is 16.7’ to
17.T from the road right-of-way. The required road right-of-way setback is 20’ and the required side lot line setback is
10’. The audience was polled with Richard Hochstein, Contractor, explaining his involvement with the project. After
discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and carried with Michael
Conlon voting no, 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 noting the following: 1.) the requested variance
would not have been approved had the request been submit prior to project being started, and 2.) the applicants’ have
adequate room on their property to obtain a reasonable use of their property without the granting of the variances as
requested. After additional discussion and consideration, Randall Mann made a motion, second by Steve Schierer
and unanimously carried, to direct that the non complying structures must be brought into compliance by June 1,
2006.
RECEIVED
NOV 0 5 2008
LAND & KhtiUUKCF
Oct. 22, 2008
Board of Adjustment
c/o Land and Resources
Government Services Center
540 West Fir
Fergus Falls, MN 56537
Re: Red Rock Gun Club
26597 Fish Bay Road, Fergus Falls
Dear Board Members:
I would request to withdraw my variance application due to a miscalculation on the
paperwork. I will submit it again for the following month.
Respectfully,
William Reynolds
SCALE DRAWING FORM
o Oo Qomoo I
Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
S'.er-%Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
J.1
O
X*
r X <9O
1
o
rnrt!
■ ?
. u
<r
A
1
r
;
1N/i »!
;
/c/fifferiAzSignature of Property Owner Date
BK — 0207 329,086 • Victor Lund«en Co. Pnntsrs • Fergus FaUs. MN • 1-800'346^870
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s);
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s);
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
B31.Ft2TOTAL IMPERVIOUS SURFACE:
\^ToO ov
Ft2LOT AREA:
93 ^X100 =
LOT AREA IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE
23^\S^OO
SCALE DRAWING FORMi
^ 0 \\0 ^ ~1^o6 \
Tax Parcel Number(s)
The scale drawing must include the outside dimension (iotlines) of the property above the ordinary high water ievel, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topoaraohical alterations.
I bloctl -^^2.IS %Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
) t U’’^
'r
—r4
T|T eVf
I r ^k 1I-31-'(i Ii
rN
-t
• i!<i»
i \i .o
Ii
1 r
!o f
^ I Io
+
4
I cXf£■fu.
Pca'r P/—/sff
)
\
i
!{I
r
o
r
<1.
!
f
. .1.
Loc~-cS rVvvJj
t
t
i1
I
■ ■ I
I I
;
!
1
fo/fY/<7^rU<3
Signature of Property Owner Date
BK — 0207 329.086 • Victor Lundeen Co.. Printers • Fe^us Falls. MN • 1-800'346-4870
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
/i/fi Ft2Structure(s):UP
Ft2Deck(s):
2^0 Ft2Driveway(s):
?)0 Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s);
Ft2Retaining Wail(s):
Ft2Landscaping:
(Piastic Barrier)
0OOther:Ft2
ug>o FPTOTAL IMPERVIOUS SURFACE:
1550^^
8>GS> ^Ft2 -
Xloo/
LOT AREA:
\x6t>iV.7: ./V7
I)lOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
^ na V. 0 6 7c5) -T r a 0 Y ) 00/ 0 <-^0
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218)998-8030/998-8041
Email - wste|n@co.ottertail.mn.us
ww>w.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
:V Red’Rock Gun Club
c/o William G. Reynolds ; 5248 W 106"’St
Bloomington, MN 55437
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 ahd/or the Subdivision Controls Ordinance. The
Otter Tail County Board of Adjustment-will assemble for this hearing on
Thursday^ November 6,^^ 7:00 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.
V. The property concerned in the application.is legally described as
part of Sublots A and B and oTthe.South Half of the Northeast Quarter,
Property Address - 26597 Fish Bay Road
Section 11, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-684, Lake Name - Fish, Class - NE
The variance requested is -
the following: Request variance for lake setback for variance of 110’ from the 200’ setback to replace mobile home with a 20’ by
32’ cabin with a 10’ by 32’ deck. Mobile home is located 80’ from lake. The proposed cabin and deck will be 90’ from lake. All
other setbacks will be met.
Tkiryne Stein
Board of Adjustment Secretary
Date: .October 17, 2008
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 difficult)'” 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 Coun^ 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.'
Will the request have an adverse effect on government services? Why or why not?2.
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?
■ 3.
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?, Didithe landowner create the need for the variance?. .Explain5.
Will a variance secure for the applicant a right'or rights enjoyed by others in the same area?6.
•I
Does existing sewage treatment need upgrading?7.
Is a variance contraiy' 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.
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
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:
, Red Rock Gun Club
c/o William G. Reynolds
5248 W 106"’St
Bloomington, MN 55437
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, November s, 2008 at 7:00 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.
The property concerned in the application is legally described as
part of Sublots A and B and of the South Half of the Northeast Quarter,
Property Address - 26597 Fish Bay Road
Section 11, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-684, Lake Name - Fish, Class - NE
The variance requested is-
■ the following: Request variance for lake setback for variance of 110’ from the 200’ setback to replace mobile home with a 20’ by
; 32’cabin vvith a iO’by 32’deck. Mobile home is located 80’from lake. The proposed cabin and deck will be 90’from lake. All
other setbacks will be met.
'Wayne Stein
Board of Adjustment Secretary
Date: October 17, 2008
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 20th, day of October, 2008 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Red Rock Gun Club, % William G Reynolds, 5248 W 106'^ St, Bloomington, MN 55437
William Davis, Twp Clerk of Aurdal, 24524 W Rivers Bend Rd, Fergus Falls, MN 56537
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Terry Lejcher, DNR 1509 1®'Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richaird S. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann,'532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Fails, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: October 20th, 2008
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
\/jL
By:
Vi Manderud
✓ '
RED.ROCK GUN CLUB
ATTN BILL REYNOLDS
5248 106TH ST W
BLOOMINGTON MN 55437 2871
CURTIS & HYACINTH M ANDERSON
26432 F|SH BAY RD
FERGUS FALLS MN 56537 8030
WAYNE L TABBUT
26909 260TH ST
FERGUS FALLS MN 56537.8001
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
i\OQ 7Hoo \O O 0property/project (Tax Parcel # R o a
described in my v
dated
Application
, As a result, it may not be possible forlO -0g>
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
date:/PROPERTY OWNER'
11-02-04
Mbowman forms-apps waiver 60 day rule