HomeMy WebLinkAbout03000110075000_Variances_08-04-2011f S 4-2C)U
DOC# 10957881095788
OFFICE 0- COUNTY RECORDER
OTTER FAIL COUNTY MiNNESO’I'A
Ce'^ified, Filed, and'or Recorded
August 08. 2C11 3:15 PM
Wendy L. Metcalf, Recorder
1095/SSi
t Fee: S46 GO
Well Certificate ] Rec cl
Returned To:
LAND & RESOURCE
By: LL
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
^ 400 ■o cApplication Fee
Receipt Number ^ 4 E? ^
Accepted By / Date M,\
COMPLETE THIS APPLICATION IN BLACK INK
4" lcirjL44A I ^ ~rVlAqy DAYTIME PHONE Zl g~ 73*? ~ ?>52L
0<3lI0u i l4ei^K4-5 ^
f-i 5 hv Ucdce.
G-rpPROPERTY OWNER '3^
Prx[ ( S ■ AAMMAILING ADDRESS 1 ^ M P |
LAKE CLASS f
i
LAKE NUMBER%- (A 5^ 4 LAKE NAME
A 1 XtrrLa 1TOWNSHIP i 3 uB RANGE Lj 2. TOWNSHIP NAMESECTION
PARCEL
NUMBER 03)000 11 nnis onn
E-911
ADDRESS Pi\‘5lo Poio4~ Road.
Fev-gLis Falls, MM
LEGAL DESCRIPTION
culo UcrV C Co"^ /O /m-) T^leoL6Cu^e. Poirv"h
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.
Reqaes4- ol uaricLOce
seMo(Xclc '+0 copiS4ruo(-'
o'f 100 “From r-e^|u.iVedL 2.00
a. . Also re^iia£^s4-iV^
3' 5eM:>a.cJc '(Vono line oeiTSixs lO*
Corr\r:>ijJr 16+ and Separation 4Vonn eizistiry dlcoetlii^
/
/(due. to
1 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.
y^^jjafiAfOtfE ^fSpl^ROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
£ '
/k<acAl'/- ;2o//Time’fDate Of Hearing
Motion
Gregory and Kathleen Truax - Application approved as modified. (7:22 p.m.)
ifter consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and carried with Michael Harris
voting no, to approve a variance of 100’ from the required ordinary high water level setback of 200’ and a variance of 3’ from the
required side lot line setback of 10’ for the construction of a garage 100’ from the ordinary high water level and 7’ from the side lot
line. The practical difficulty is the unique shape and contour of applicants’ property. It was noted that the applicants’ property is a
substandard lot. It was also suggested that the applicants might considered a smaller structure to maintain the desired separation
t)etween the existing house and the proposed garage.
County Board of Adjuptment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
■i :OiNois u
itlo '
/Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 0407-001
329,612 - Victor Lundeen Company, Fergus Falls, Minnesota
iliC '
:f. , A . ;■.•V
1025458
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that O!?dil tr o
this instrument #
No delinquent taxes and transfer entered; Certificate of
) filed ( ) riot required.Real Estate Value (
Certificate of Real Estate Value No.
^9 was filed/recorded ir^his office
sScord op the davol
111 2007 atlh'^feiwom
lecorder
Deputy
07 for’ CTear)O
Wayne Stein, County Auditor
by_^^----------------------------
03-000-/JrO07 5'OOO
Wend’Metcalf
m ____recording fee
well certificate
by:.
Deputy
TRUSTEES’ DEED
STATE DEED TAX
DUE HEREON: SI.65
deedtaxs i'j
Dated: August 20, 2007
FOR VALUABLE CONSIDERATION, KENNETH GLAMBEY AND WINIFRED
CLAMBEY, TRUSTEES UNDER THE KENNETH CLAMBEY REVOCABLE LIVING
TRUST DATED THE 21ST DAY OF OCTOBER, 1996, WITH ITS FIRST AMENDMENT
DATED THE 16TH DAY OF SEPTEMBER, 2005 AND WITH ITS SECOND. AMENDMENT ,
DA FED THE 20TH DAY OF AUGUST, 2007, Grantor, hereby conveys and transfers to
KATHLEEN M. TRUAX and GREGORY TRUAX, Grantees, as joint tenants, real property in
Otter Tail County, Minnesota, described as follows:
■''t. ■
Sublot C of Section Eleven (11), Township One Hundred Thirty-three (133)
North, Range Forty-two (42) West;
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions: easements, restrictions, reservations and covenants of record.
nKenneth Clambey, trustee
7Winifred Clambey, Trustee
■'?
I
..
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL )
The foregoing instrument was acknowledged before me this 20th day of August, 2007, by
KENNETH CLAMBEY AND WINIFRED GLAMBEY, TRUSTEES UNDER THE KENNETH
CLAMBEY REVOCABLE LIVING TRUST DATED THE 21ST DAY OF OCTOBER, 1996,
WITH ITS FIRST AMENDMENT DATED THE 16TH DAY OF SEPTEMBER, 2005 AND
WITH ITS SECOND AMENDMENT DATED THE 20TH DAY OF AUGUST, 2007, Grantor.
^ SUSAN U. BRIESE39 NOTARY PUBLIC - MINNESOTA
^ My Commissicn Expires Jan.’SI, 2010
7
ry Public
THE TOTAL CONSIDERATION FOR THIS TRANSFER IS $500.00 OR LESS.,i
Tax statements for the real
property described in this
instrument should be sent to:
• I
Kathleen M.Truax and Gregory Truax
23451 Oakview Heights Drive
Fergus Falls, MN 56537
This instrument was drafted by:
PEMBERTON, SORLIE, RUFER & KERSFINER, PU.L.P.
110 North Mill Street, P.O. Box 866
Fergus Falls, Minnesota 56538-0866
Telephone: 218-736-5493
PSR&K Substitute Form 1099-S Not Needed
NJH:cf
2005-2877
I.
1;
2 ■-
August 4, 2011 .
Page # 2
Randall Olson - Application approved as requested. (7:19 p.m.)
Randall Olson, part of Government Lot 5, Section 27 of Lida Township by Lake Lida, requested a variance of 22’ from
the required ordinary high water level setback of 75’ for the placement of dwelling 53’ from the ordinary high water
level. Dean Drewes, Up North Construction, the applicant’s contractor appeared with the applicant at the public
hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration
and discussion, Randall Mann made a motion, seconded by Paul Larson and unanimously carried, to approve a
variance of 22' from the required ordinary high water level setback of 75’ for the placement of a dwelling 53' from the
ordinary high water level. The proposed development is no closer to the ordinary high water level than the existing
structure and is within the building line. It should be noted that the variance as approved does not directly or
indirectly grant any other variance for the proposed development.
egory and Kathleen Truax - Application approved as modified. (7:22 p.m.)
Gregory and Kathleen Truax. Sub Lot C of the Northwest Quarter of the Northeast Quarter, Section 11 of Aurdal
Township by Fish Lake, requested a variance of 100’ from the required ordinary high water level setback of 200’ and a
variance of 7' from the required side lot line setback of 10' for the construction of a garage 100’ from the ordinary high
water level and 3' from the side lot line. The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schiererand
carried with Michael Harris voting no, to approve a variance of 100’ from the required ordinary high water level
setback of 200’ and a variance of 3’ from the required side lot line setback of 10’ for the construction of a garage 100'
from the ordinary high water level and 7’ from the side lot line. The practical difficulty is the unique shape and contour
of applicants’ property. It was noted that the applicants’ property is a substandard lot. It was also suggested that the
applicants might considered a smaller structure to maintain the desired separation between the existing house and
the proposed garage.
Dennis and Shirley Davidson - Application approved as requested with a condition. (7:32 p.m.)
Dennis and Shirley Davidson, Lots 2 and 3 Gulliver’s Travels, Paul Lake in Edna Township, requested the following:
Per application - We want to add a second story room above an existing basement room. Per Land and Resource
Department Notes - the variance requested is a variance of 30' from the required top of bluff setback of 30’ and a
variance of 16’ from the required ordinary high water level setback of 100’ for the placement of the proposed
development 0’ from the top of the bluff and 84’ from the ordinary high water level. An email from Roger Neitzke in
support of the variance as requested was read for the record. The audience was polled with no one speaking for or
against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by
Thomas Lee and carried to approve a variance of 30’ from the required top of bluff setback of 30’ and a variance of
16’ from the required ordinary high water level setback of 100’ for the placement of the proposed development 0’ from
the top of the bluff and 84’ from the ordinary high water level with the condition that the applicants must obtain
professional certification (engineer/licensed contractor) stating that the existing structure and foundation can support
the proposed development and if the existing structure/foundation cannot support the proposed development then this
approval also grants the applicants permission to place appropriate footings in the bluff If the existing
structure/foundation cannot support the proposed development then the placement of footings to support the
proposed development will protect the bluff area.
Mark and Anita Anderson - Application approved as requested with a condition. (7:40 p.m.)
Mark and Anita Anderson, part of Government Lots 4 and 5, Section 27 of Lida Township by Lake Lida, requested a
variance to create two parcels of land out of one (37-000-27-0141-002). Parcel A as depicted on the drawing on file
with the County Auditor’s office will remain a single family residential lot with 314 feet of Lake frontage and 37,688
square feet of surface area excluding road right of way and other land owned on other side of road. Parcel B as
depicted on the drawing on file with the County Auditor’s office would be permanently attached to another parcel of
land (Parcel C - 37-000-27-0140-006) and would remain a single family residential lot with 125 feet of lake frontage.
Marty Hanson represented the applicants at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by
Michael Harris and unanimously carried, to approve the variance as described in the variance application dated July
13, 2011 with the condition that the area within proposed Parcel B cannot be used when calculating imperious surface
coverage for Parcel C. Practical difficulty is the terrain and shape of the applicants’ property.
iPSiiaiiiiiNiaiii
11 n r>7 g; oo
Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
2.0 ;
• • ^%Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
Scale
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BK ^ 0909 Co.-Pr rUCTs596.-Veto -Lundi -ferg IS I ails,. MN -r8QO-946-4370-...1en IT
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
L 8 Ft2Deck(s):
5nn Ft2Driveway(s):
o Ft2Patio(s):
i_4_Q_R2Sidewalk(s):
a Ft2Stairway(s):
Retaining Wall(s):o Ft2
oLandscirdipifighai,^^ 'y—^Ft2
(PiaStiC Barrier)
other:o Ft2^1
4
%Ft2TOTAL IMPERVIOUS SURFACE:%%V.',
■a.Ft2LOPAREA:
%%■'4
L^ o^g3q-S?Q ^
TOTAL IMPERVIOUS SURFACE
%X100 =
IMPERVIOUS SURFACE 1MTIOLOT AREA
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218)998-8030/998-8041
Email - wsteih@co.ottertail:mn;US
www.co.otter-tail.mn.us
■i
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Gregory and Kathleen Truax
23451 Oakview Heights Drive
Fergus Falls, MN 56537
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
, County Shoreland-Managernent 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, August 4, 2011 at 6:30 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 Goyernment Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor’s office priprto the date of the
public hearing.
The property concerned in the application is legally described as
Sub Lot C of Northwest Quarter Northeast Quarter,
Property Address - 26833 Fish Point Road
Section 11, Township 133, Range 42 - Township Name- Aurdal
Lake No. 56t684, Lake Name - Fish, Class - NE
;
The variance requested is -
t
. a variance of 100’ from the required ordinary high water level setback of 200’ and a variance of 7’ from the required.side
lot line setback of 10’ for the construction of a garage 100’ from the ordinary high wafer level and 3’ from the side lot line.
Practical difficulties are the contour of the lot and the separation from existing dwelling.
V '
Stein
Board of Adjustment Secretary
Date: July 14, 2011
i
•»
•r
:
-
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 pertify that on the 15’*’, day of July 2011 the attached Notice of Hearing for Variance was duly served upon the
individuals listed below and/or included in the attachment:
.
Gregory A & Kathleen M Truax - 23451 Oakview Heights-Drive, Fergus Falls, MN 56537
Sandra Kvern, Aurdal Township Clerk - 24135 Aurdal River Road, Fergus Falls, MN 56515
Lake Association,- None
Lake Improvement District -None
Otter Tail County Cola, C/0 John Matteson - 23562 W Silver Lake Rd, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer—505 S. Court St., Suite #1, Fergus Falls, MN 56537 Department of Natural Resources -1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator - 2115 Birchmont BeaCh Road NE, Bemidji, MN 56601
Board of Adjustment:
Michael Harris - 35387 Northern Lights Trl, Richville„.MN 56576-9672
Paul R. Larson-'21283 County Highway 65, Henning, MN 56551-9573
Thomas (Tom) Lee-15600 County Highvvay 118, Elizabeth, MN 56533-9559
Randall Mann - 532 N Ann St, Fergus Falls, MN 56537 R. Stephen Schierer-32117 260"'Ave, Erhard, MN 56534
Marion Gill - 40122 Aerovilla Road, Perham, MN 56573
,1
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.
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 theindividuals listed
above and/or listed in the attachment.
Dated: July 15, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
)•
;
hooktst'
10197 STONY CREEK DR
WOODBURY MN 55129 4805
JAMES A & MARSHA J LARSON
10998 DUNKIRK ST NE
BLAINE MN 55449 6781
KENNETH CLAMBEY TST
ATTN KATHLEEN TRUAX
23451 OAKVIEW HEIGHTS
FERGUS FALLS MN 56537 8163 I
GREGORY A & KATHLEEN M TRUAX
, 23451 OAKVIEW HEIGHTS DR
FERGUS FALLS MN 565378163
;
T
1029227 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 1029227
this instrument #---------------------
was filed/recorded in this office
for record onithe.-2—day of —^lDrSlv(>W'W)\^ 2007at2l£sami(|t^
Min T^Vrft recording fee
ecorder
.Deputy
weil certificate
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
IUI^Q4‘
■4/ daytime phone 7 IX - 1=^9 - 352A
OrjLlcoi&LO t4ei^h4s
Fi 3k Lake._________
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number .
Accepted By / Date
PROPERTY OWNER
MAILING ADDRESS 2.3H5 I
Mg,LAKE CLASSLAKE NUMBER LAKE NAME
AutTrlolTOWNSHIP 1 3 3 RANGE H 2. TOWNSHIP NAMESECTION
PARCEL
NUMBER
E-911
ADDRESS Z(e> g33 FisK Poinr-f ^cOjcID3 000110015 000
Fergus Palis, MN
LEGAL DESCRIPTION
5oJo Lo+ C CorfMU)K)- PlecLSure. Point'
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Misc.Subdivision ClusterSewage System
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
/Recjaest" cl oarioTtce, erf 100 -Worn -fFe irequireji ZOO'
5d-baclc 4t) Cons^Kud" a. dlujeUin
be remouedl.
SjZ(s4-ina cojain'J-!5
I UNDERSTAND THAT 1 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.
-^^SJiaNATliR^^ PROPERTY OWNER / AGENT FOR OWNER io
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
B
'y:¥c /W)rJoJem ^TimeDate Of Hearing
Motion
Gregory and Kathleen Truax - Approved the variance as requested with a condition. (7:40 p.m.)
After consideration and discussion, Paul Larson made a motion, second by Michael Harris and unanimously carried, to approve a
variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a dwelling 100’ from the
ordinary high water level as depicted on the drawing submitted with the variance application with the condition that the existing
cabin must be removed prior to the issuance of any permits for the new development. It was noted that the proposed location is
outside of the shore impact zone and is perhaps the best location for the proposed development. Hardship is the terrain and
shape of the property.
of Adjustm^t
Permit(s) required from Land & Resource Management
y Yes (Contact Land & Resource Management)
No
LR/Official/DateCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls. Minnesota
r^ovember 1, 20.07
Pfige # 2
i John and Anna Marie Matteson - Denied. (7:13 p.m.)
John and Anna Marie Matteson, part of Government Lot 6 Section 28 and part of the Southeast Quarter of the
Northeast Quarter, Section 29 of Everts Township by Silver Lake, requested the following: The variance requested is
to divide an eight acre parcel into two lots so a second residence can be built. These lots would each have 145’ of
shoreline which would be inaccessible from the buildable areas because of a four acre slough. The minimum water
frontage on a recreational lake is 150’. We request a variance of 5’ for the water frontage/lot width. We request the
split be done without a survey and without going through the platting process. The audience was polled with Steve
Langiie, Surveyor, speaking to the variance application and the platting process. After consideration and discussion,
Randall Mann made a motion, second by Steve Schierer and unanimously carried, 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 that granting the variance as requested would created two substandard lots.
Cynthia and Kenneth Hejl - Approved the variance as requested. (7:26 p.m.)
Cynthia and Kenneth Hejl, Lots 26, 27 and Reserve Lot 1 Oak Haven Beach Third Addition, Tamarac Lake in
Scambier Township, requested a variance of 23.78’ from the required ordinary high water level setback of 100' for the
placement of a dwelling 76.22’ from the ordinary high water level at the closest point. The audience was polled with
no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to approve a variance of 23.78’ from the required ordinary
high water level setback of 100’ for the placement of a dwelling 76.22’ from the ordinary high water level as depicted
on the drawing prepared by Robert W. Swisse, Surveyor. It was noted that the proposed location is perhaps the best
site on the property for the proposed development. It was also noted that the location of the proposed development
will cause Lot 27 and Reserve Lot 1 to be combined and only one residential dwelling would be permitted on the
combined parcel. Hardship is the terrain of the applicants’ property and the location of water on three sides of the
property.
Gregory and Kathleen Truax - Approved the variance as requested with a condition. (7:40 p.m.)
Gregory and Kathleen Truax, Sub Lot C of the Northwest Quarter of the Northeast Quarter Section 11 of Aurdal
Township by Fish Lake requested a variance of 100’ from the required ordinary high water level setback of 200’ for
the construction of a dwelling 100’ from the ordinary high water level. The audience was polled with no one speaking
for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by
Michael Harris and unanimously carried, to approve a variance of 100’ from the required ordinary high water level
setback of 200’ for the construction of a dwelling 100’ from the ordinary high water level as depicted on the drawing
submitted with the variance application with the condition that the existing cabin must be removed prior to the
issuance of any permits for the new development. It was noted that the proposed location is outside of the shore
impact zone and is perhaps the best location for the proposed development. Hardship is the terrain and shape of the
property.
Paul and Linda Roberts - Approved the variance as requested. (7:50 p.m.)
Paul and Linda Roberts, Lot 1 Block 2 Swan View Estates, Swan Lake in Dane Prairie Township, requested a
variance to have Lot 1 Block 2 Swan View Estates declared a buildable lot for residential use. The audience was
polled with Steve Langiie, Surveyor, requesting the Board to table action on this request until the adverse possession
claim is resolved. It should be noted that Mr. Langiie was representing Bob and Linda Ressler. A letter from Bob and
Linda Ressler in opposition to 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 declare Lot 1 Block 2 Swan View
Estates as a buildable lot for residential use. It should be noted that the variance as approved does not directly or
indirectly grant any other variances for future development. The Board noted that there appears to be adequate room
for future development that will not require any additional variances, that the variance as granted is consistent with
past actions of the Board of Adjustment and will provide the applicants with a reasonable use of their property.
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Page # 2
John and Anna Marie Matteson - Denied. (7:13 p.m.)
John and Anna Marie Matteson, part of Government Lot 6 Section 28 and part of the Southeast Quarter of the
Northeast Quarter, Section 29 of Everts Township by Silver Lake, requested the following: The variance requested is
to divide an eight acre parcel into two lots so a second residence can be built. These lots would each have 145' of
shoreline which would be inaccessible from the buildable areas because of a four acre slough. The minimum water
frontage on a recreational lake is 150’. We request a variance of 5’ for the water frontage/lot width. We request the
split be done without a survey and without going through the platting process. The audience was polled with Steve
Langiie, Surveyor, speaking to the variance application and the platting process. After consideration and discussion,
Randall Mann made a motion, second by Steve Schierer and unanimously carried, 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 that granting the variance as requested would created two substandard lots.
Cynthia and Kenneth Hejl - Approved the variance as requested. (7:26 p.m.)
Cynthia and Kenneth Hejl, Lots 26, 27 and Reserve Lot 1 Oak Haven Beach Third Addition, Tamarac Lake in
Scambler Township, requested a variance of 23.78’ from the required ordinary high water level setback of 100’ for the
placement of a dwelling 76.22’ from the ordinary high water level at the closest point. The audience was polled with
no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to approve a variance of 23.78’ from the required ordinary
high water level setback of 100’ for the placement of a dwelling 76.22’ from the ordinary high water level as depicted
on the drawing prepared by Robert W. Swisse, Surveyor. It was noted that the proposed location is perhaps the best
site on the property for the proposed development. It was also noted that the location of the proposed deveiopment
will cause Lot 27 and Reserve Lot 1 to be combined and only one residential dwelling would be permitted on the
combined parcel. Hardship is the terrain of the applicants’ property and the location of water on three sides of the
property.
Gregory and Kathleen Truax - Approved the variance as requested with a condition. (7:40 p.m.)
Gregory and Kathleen Truax, Sub Lot C of the Northwest Quarter of the Northeast Quarter Section 11 of Aurdal
Township by Fish Lake requested a variance of 100’ from the required ordinary high water level setback of 200’ for
the construction of a dwelling 100’ from the ordinary high water level. The audience was polled with no one speaking
for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by
Michael Harris and unanimously carried, to approve a variance of 100’ from the required ordinary high water level
setback of 200’ for the construction of a dwelling 100’ from the ordinary high water level as depicted on the drawing
submitted with the variance application with the condition that the existing cabin must be removed prior to the
issuance of any permits for the new development. It was noted that the proposed location is outside of the shore
impact zone and is perhaps the best location for the proposed development. Hardship is the terrain and shape of the
property.
Paul and Linda Roberts - Approved the variance as requested. (7:50 p.m.)
Paul and Linda Roberts, Lot 1 Biock 2 Swan View Estates, Swan Lake in Dane Prairie Township, requested a
variance to have Lot 1 Block 2 Swan View Estates declared a buildable lot for residential use. The audience was
polled with Steve Langiie, Surveyor, requesting the Board to table action on this request until the adverse possession
claim is resolved. It should be noted that Mr. Langiie was representing Bob and Linda Ressler. A letter from Bob and
Linda Ressler in opposition to 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 declare Lot 1 Block 2 Swan View
Estates as a buildable lot for residential use. It should be noted that the variance as approved does not directly or
indirectly grant any other variances for future development. The Board noted that there appears to be adequate room
for future development that will not require any additional variances, that the variance as granted is consistent with
past actions of the Board of Adjustment and will provide the applicants with a reasonable use of their property.
IMPERVIOUS SURFACE GALGULATIQN WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
. 2.OR Ft2Structure(s):1
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s);
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
5. ZOi?Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
557935
LOT AREA
.05 5 X100 =5 z08
TOTAL IMPERVIOUS SURFACE
%
IMPERVIOUS SURFACE RATIO
4^ ^K U flM./0/9QO J\ j
StgncdkjLrtj
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.6tter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom.lt May Concern:
Gregory and Kathleen Truax
23451 Oakview Heights Drive
Fergus Falls, MN 56537
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 1, 2007 at 6:30 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 Aye.)
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
Sub Lot C of the Northwest'Quarter of the Northeast Quarter,
Property Address-^ 26833 Fish Point Road
Section 11, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-684, Lake Narfie - Fish, Class - NE
The variance requested is -
a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a dwelling 100’
from the ordinary, high water level.
. Date: October 12, 2007
V-
M^ayne Stein
Board of Adjustment Secretary
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 15th, day of October, 2007 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Gregory A & Kathleen M Truax, 23451 Oakview Heights Dr, Fergus Falls, MN 56537
William Davis, Twp Clerk of Aurdal, 24524 W Rivers Bend Rd, Fergus Falls, MN 56537
Pelican Group Lake Improv., District, % 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 Highway 65, Henning, MN 56551-9573
Richard 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, Richvilie, MN 56576-9672
Leslie Estes, Box 358, Battie Lake, MN 56515
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: October 15th, 2007
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
■.)-i..
JAMES A & MARSHA J LARSON
10998 DUNKIRK ST NE
BUUNEMN 55449 6781
HOOK TST
10197 STONY CREEK DR
WOODBURY MN 55129 4805
KENNETH CLAMBEY TST
25833 260TH ST
FERGUS FALLS MN 56537 8002
GREGORY A & KATHLEEN M TRUAX
23451 OAKVIEW HEIGHTS DR
FERGUS FALLS MN. 56537 8163
STATE OF MINNESOTA
■y
■;
<
10/9/2007LIST PARCELS IN BUFFER
CountryCSZAddr2 Addr3Street AddrParcel Number Sortname Namel Name2
iSTATE OF MINNESOTA03000110073001 iSTATE OF MINNESOTA
03606116673900 ' .CLAMBEY, KENNETHTsT
030061I6675666'’tRU/oC^EGORYA&’kATHLEEN M GREGORY A & KATHLEEN M TRUAX
03000990317000 HOOK TST
036009963 i9666™iHooirirsf
FERGUS FALLS MN 56537 8002
FER^S FALLS~MN^6537”8163
25833 260TH ST
2345TOAKVIEW HEIGHTS D I
i6T97CTONYC^
■10T97STONYCREEk“DFr~ f
I0W STONY CREEKIoR '
T69M'dUNKI^
KENNETH CLAMBEY TST 1
WOODBURY MN 55129 4805
WOODBURY ^^'55T29'4865
W6DBURyMN”55129'4805
;BLATnE MN 55449 67Sr
•HOOK TST
HOOK TST
HOOK TST03000990321000 HOOK TST
03000990322000 LARSON, JAMES A & MARSHA J UAMES A & MARSHA J LARSON
6366099CG2366F”iLAF«OhUArJES7r^^ “UAMEyATMARSSyrij^^110998 DUNKIRK ST NE
iJAMES A & MARSHA J LARSON •BLAINE MN 55449 678110998 DUNKIRK ST NE03000990324000 iLARSON, JAMES A & MARSHA J
Page 1
A
10/9/2007Buffer Mail
. r
CountrycszAddr2 AddrSSortnameName2Street AddrNamel
FERGUS FALLS MN 56537 8002CLAMBEY,KENNETH TST iKENNETH CLAMBEY TST 125833 260TH ST
’iWOODBURYMN 55129 4805
IBLAINE MN 55449 0731
HOOK TST IHOOK TST 10197 STONY CREEK DR
10998 DUNKIRK ST NE VLARSON,JAMES A & MARSHA J JAMES A & MARSHA J LARSON
STATE OF MINNESOTA
TRUAX,GREGORY A & KATHLEEN M IGREGORY A & KATHLEEN M TRUAX
STATE OF MINNESOTA
i FERGUS FALLS MN 56537 8163 ^123451 OAKVIEW HEIGHTS DR '
Page 1
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
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 # 11 nm.5 nnc
\J a\n anc.e.
__. As a result, it may not be possible for
Applicationdescribed in my _
dated \oj ^ joi
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 ho
. 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).
' PROTERP/OWNER
/g/o..!
DATED
lO
■A
11-02-04
Mbowman forms-apps waiver 60 day rule