HomeMy WebLinkAbout03000990286000_Variances_04-12-2018<
JI*Cate*Stamp
1205012
\U-3
received CAROL SCHMALTZ
OTTER TAIL COUNTY
recorder/registrar of titles
FERGUS FALLS, MN
RECORDED ON
04/17/2018 11:54 AM
FEE: 46.00
PAGES 2
WELL CERTIFICATE REC'D: N
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0 ? 2018
S " I AND&RESOUeCE
SCAKli^DHL&R Initial rriflil
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
5b 0 ■'Application Fee
(pl9 3Pil
'2o\S'- '0^COMPLETE THIS APPLICATION IN INK Receipt Number
Accepted By / Date
'-ClAr lyPROPERTY OWNER C DAYTIME PHONE
MAILING ADDRESS
f^r'sk5(g-' ^LAKE NAME LAKE CLASSLAKE NUMBER
/{urd^ IQATOWNSHIPSECTIONRANGETOWNSHIP NAME
3^^PARCEL
NUMBER
E-911
ADDRESS|2. - OOOo 0 9-OOP
TYPE OF VARIANCE REQUESTED (Please Check)
structure Size )b Sewage SystemStructure Setback Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
/
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s)us jti''A vjvvi^
fo plc.c<^ 3 f/-u cfup.es ^0-f-i -f<poi^
e,^o'"l Sd^vA of o4>eWv>4-n.,^g
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS 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.
SIGNAltlRE OF Pt^OP^Y OWNER / AGENT FOR OWNERuL
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
7 ao/^/y'V- /TimeDate Of Hearing
Motion
John Ferguson - Variance application approved as modified with a condition. (7:20 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Darren Newville and unanimously carried, to approve
the placement of the existing and/or any proposed structures at least 50’ from the ordinary high-water level with the condition that
impervious surface coverage within the shore impact zone cannot exceed 1,800 square feet. The variance as approved does not
directly or indirectly grant any other variances for proposed or future development. Hardship/practical difficulty is a substandard lot
of record. The variance as approved is consistent with other variances granted in this immediate neighborhood.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
y Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR__^
R Official/Dale
bk 08232017-001
364,738 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, April 12, 2018
The Otter Tail County Board of Adjustment met Thursday, April 12, 2018, with the following persons in attendance:
Rod Boyer
Steve Schierer
Denise Gubrud, Land and Resource Management
Kurt Mortenson, Assistant County Attorney
Thomas Lee Darren Newville
Kenneth Vorderbruggen
Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.iii.
Minutes Approved - flie Board of Adjustment approved the minutes of the March 8, 2018 meeting as mailed.
The Board of Ad justment considered the following applications for variance:
Jyles A Moltzan - V ariance application approved as modified. (6:32 p.m.)
Jyles A. Moltzan, Lot 1 Silent Point, West Silent Lake in Dora Township, requested the following: The substandard lot camiot
meet normal setback. Therefore, I need a variance to place an 8’ by 36’ self-contained camper on lot 45' from shoreline, 38 to
40’ from road and 8‘ from south lot line. The audience was polled with no one speaking for or against the variance as requested.
After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve
the placement of an 8’ by 36’ self-contained camper at least 10’ from the side lot line, at least 20’ from the road right-of-way and
at least 50’ from the ordinary high-water level. Hardship/practically difficulty is a substandard lot of record, water on two sides
of the property and the placement of the road. The variance as approved does not directly or indirectly grant any other variances
for proposed or fliture development of Lot 1 Silent Point.
Mitchell and Roberta Tompkins - Denied (6:45 p.m.)
Mitchell and Roberta Tompkins, Lot 14 Block 1 Oak Shores, Buchanan Lake in Rush Lake Township, requested the following:
Proposed 15’ by 32’ addition onto existing cabin will have one corner (NE) of addition being 6’ from east property line. Also. SE
comer of addition will be 70’ from high water mark, fhe audience was polled with Brian Wittich speaking for the variance as
requested. After discussion and consideration, Thomas Lee made a motion, second by Darren Newville and carried with Steve
Schierer and Kenneth Vorderbruggen voting no, to deny the variance as requested as no adequate hardship/practical difficultly
unique to the property had been shown that would allow for the granting of the variance as requested, a reasonable use of the
property can be obtained without the granting of the variance as requested and it was noted that the proposed placement is to close
to both the side lot line and the ordinary high water level. Those voting against denial noted the shape of the lot and the placement
of the existing structure as reasons to consider granting some relief from the required setbacks.
Paul and Robyn Bakkeii - Denied (7:05 p.m.)
Paul and Robyn Bakken, Lots 8 and 9 Augustana Beach First Addition, Otter Tail Lake in Amor Township, requested the
following: We would like to request a variance of 8’ from the lot line so that we are able to build our garage 2’ from the lot line.
The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration. Rod
Boyer made a motion, second by Darren Newville and can ied with Steve Schierer voting no, to deny the variance as requested as
no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance
as requested and other alternatives not requiring the granting of any variances or the granting of lessor variances exist and those
alternatives would provide the applicants with a reasonable use of their property.
John Ferguson - Variance application approved as modified with a condition. (7:20 p.m.)
John Ferguson, Lots 3 and 4 Clear Beach Resort, Fish Lake in Aurdal Township, requested the following: Variance for setback
of dwelling, driveway, shed and parking. Proposing to place structures 40’ from ordinary high-water level, required setback is
200’. Requesting 2,672’ for building and impervious surfaces within the shore impact zone. Prior approval for 850’ at June 8,
2017 Board of Adjustment meeting. Rachel Ferguson appeared with the applicant at the public hearing. The audience was polled
with no one speaking for or against the variance as requested.
Page I 1
i ' '
John Ferguson - Variance application approved as modified with a condition. (7:20 p.m.) - Continued
After discussion and consideration, Steve Schierer made a motion, second by Dairen Newville and unanimously carried, to
approve the placement of the existing and/or any proposed structures at least 50’ from the ordinary high-water level with the
condition that impervious surface coverage within the shore impact zone cannot exceed 1,800 square feet. The variance as
approved does not directly or indirectly grant any other variances for proposed or future development. Hardship/practical
difficulty is a substandard lot of record. The variance as approved is consistent with other variances granted in this immediate
neighborhood.
Anna Ililleren - Variance application approved as modified. (7:37 p.m.)
Anna Hilleren, part of Government Lot 3, Section 30 of Dead Lake Township by Dead Lake, requested the following: We are
requesting a variance of 100’ from the 200’ waterfront setback for the construction of a new lake home. There are several
existing buildings on site (to be removed): a cabin, detached garage and a .storage shed that are approximately 50’ from the
water’s edge. Due to the fact that the property is a peninsula and does not have any neighboring structures on either side, we are
unable to propose a string line test as a possible building line. Also, there is the potential that placing the house at the required
200’ setback would have a larger impact on the site from the standpoint that it would require more excavation/grade and fill of the
hillside on the property. Therefore, we would like to request that the pro ject take place outside of the shore impact zone at 100'
from the ordinary high-water line. Chris Hawley and Mike Dozen represented the applicant at the public hearing. The audience
was polled with Dennis Loecken, President of the Dead Lake Association speaking against the variance as requested and noting
that the applicant can meet the required setbacks. A letter from the Dead Lake Association stating the same information as shared
by Mr. Loecken was noted for the record, fhis letter was signed by Dennis l.oecken. President, Jon Skow, Vice President,
Dennis Trudell, Jim Hatlevig, Jack Galvin, Mike Herzog, Judy Herzog, Craig Lund and Diane Lund. After discussion and
consideration, Danen Newville made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 50’
from the required ordinary high-water level setback of 200’ for the location of a building site at least 150’ from the ordinary high-
water level on all side of the property (peninsula). The variance as approved should minimize the need for significant excavation
and will result in the removal of a number of existing structures currently located approximately 50’ from the ordinary high-water
level. The variance as approved does not directly or indirectly grant any other variances for proposed or future development.
Brian Wittich - Denied. (7:53 p.m.)
Brian Wittich, Lot 15 Block 1 Oak Shores, Buchanan Lake in Rush Lake Township, requested the following: Rebuild on
iiTegular lot after fire. Proposed 38’ by 42’ addition to the remaining house structure going to the south. Current sewer setback to
the east and road setback to the west prevent going east and west. The proposed addition would be 2’ from the southwest corner
of the property line. Requesting an 8’ variance for uniform house lines. The audience was polled with Mitchell Tompkins
speaking for the variance as requested. After discussion and consideration, Darren Newville made a motion, second by Rod
Boyer and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty unique to the
property had been shown that would allow for the granting of the variance as requested and the applicant can meet the required
10’ setback and still obtain a reasonable use of his property.
Terry and Judith Tracer - Variance application approved as requested. (8:02 p.m.)
Terry & Judith Trader, Lot 5 Oak Haven Beach Subdivision, Tamarac Lake in Scambler Township, requested the following:
Sunroom will be 90’ from shore. It is noted present deck covers exact same area. 16’ by 16 1/2’ Sunroom. The audience was
polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a
motion, second by Kenneth Vorderbruggen and unanimously canned to approve a variance of 10’ from the required ordinary
high-water level setback of 100’ for the placement of a 10’ by I6V2’ sunroom (three season room) 90’ from the ordinary high-
water level. The variance as approved docs not directly or indirectly grant any other variances for proposed or future
development.
Vincent and Traci Ksades - Denied. (8:08 p.m.)
Vincent and Traci Esades, Lot 32 Summer Haven Beach, Pelican Lake in Scambler Township, requested the following:
The existing shed is set back only 3 feet from neighboring property line - proposed replacement shed is slightly larger (2’ by 6’
larger) but will remain only 3 feet from neighboring property line. Del (not sure of the last name) represented the applicants at the
public hearing. The audience was polled with no one speaking for or against the variance as reque.sted.
04/12/2018Page I 2
OTTER TAIL COUNTY
LAND & RESOURCE MAH^GEMEm
PUBLIC WORKS DIVISION
WWW.GO.OTTER-TAIL.MN.US
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER 1^^ & MARCH 31^^
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 # R (Thiyy)nOn
on my \jc^y
), described
Application(s) dated
Since this is the case, it may not be possible for Otter Tail County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view
my property before taking action on my Application(s).
p—I I do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s).
/ DATED 'ROPERtY OWNER
LR: Forms: Waiver 60 Day Rule 02-21-2017
I 1192202
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
06/20/2017 12:48 PM
No Delinquent taxes and transfer
^ entered: Certificate of Real Estate
Value 06 filed ( ) not required
Certificated of Real Estate Value
oT. No.
ICO
FEE: 46.00
PAGES 2
WELL CERTIFICATE REC’D: NX'3uv\Z 2017
, County Auditor
__, Deputy
OO
fWby.
Parcel# OsrtXJn^C-^KLnnD
Warranty Deed
Individual(s) to Individual
STATE DEED TAX DUE HEREON: $85.80
/ADate: June 2017
FOR VALUABLE CONSIDERATION, William H. Grabowski and Wendy K. Grabowsk;4
husband and wife, Grantors, hereby convey and warrant to John Ferguson, real propejhy
in Otter Tail County, Minnesota, described as follows:
Lots 3 and 4 of Clear Beach Resort, aka Lots 3 and 4 of the Rearrangement of Lots 1. 2,
3,4, 5, 6 and 7 of Clear Beach Resort, Otter Tall County, Minnesota i
Together with all hereditaments and appurtenances belonging thereto, subject to the
following exceptions:
NONE
//
The seller certifies:
0 Well certificate attached hereto.
(X) That there are no known wells on the above described property.
(} that there are no changes in the number or status of wells since the last known well
certificate filed.
William H. GrabowskiCOUNTY OF OTTER IM.
STATE OFDEBOTAX 8-HSSS,.
MDlMRgB foS-IU
aftTE b- .30 -Wendy K.'Grabowski
*
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me on June Jj:£^^2017 by William
H. Grabowski and Wendy K. Grabowski, husband and wife. Grantors.
^S38a8S888888S8a33giasgagO!g3>aoi«i
BONNIE LEE BRUBAW(E^
MINNESOTA 8
My Commission ExjAbs Jan. 31,2020 j
m&
V
lotaW Pubfii ■
My Commission Expires:
Tax Statements on the property described
In this instrument should be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
West Central Abstracting Co., Inc.
202 W. Junius
Fergus Falls. MN 56537
John Ferguson
5492 Kali Ave. NE
Albertville. MN 56301
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Tax Parcel Number(s)4.
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 and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
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Priniws- •-Fergus Palls. MN -*-. l-800-346-48704—|’ 1—U..|
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BK —042016 f 0i800-*-Vici(^-l.und6ert:CoL:r _iI I ,-4Ii‘T,iI
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
W^oopLot Area (ft^):
Other Impervious SurfaceBuildings
Existing
r-x2
Proposed Existing Proposed
Ft^Ft^Ft^Ft
Deck(s)Dwelling
Attached Garage Patio(s)
Sidewalk(s)Detached Garage
WS^ 100OStorage Shed Landing(s)
I, lOOWOAS Driveway(s)
12RCU Parking Area(s)I j 300
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
ProposedExisting Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
.1 31?0 r).033811,030 100-i-=:XI
Buildings + Other
impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^ Ft^Ft^
0 fon,ooo 100+■i-=X
Impervious Surface Calculation Worksheet 04-11-2016
Signature:
7
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify aii existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing.
Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Def # 76. Shore Impact Zone (SIZ):
Proposed Ft^Existing Ft^
oBuilding(s)
Deck(s)
Patio(s)
Sidewalk(s)
Landing(s)
luooDriveway(s)
I; 900Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL
Existing
i-i.2
TotalTotal
Shore Impact Zone
Impervious Surface
Proposed
Ft^Ft^Ft
Maximum Allowable 260 Ft^
5, it'l'd-0 +
Impervious Surface Calculation SIZ 04-11-2016
lA^Date:Signature:
I
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTCR Tmi
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
John Ferguson
5492 Kali Ave NE
Albertville, MN 55301
has/have 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, April 12, 2018 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 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
Lots 3 and 4 Rearrangement of Lots 1-7, Clear Beach Resort,
Property Address - NA
Section 2, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-684, Lake Name - Fish, Class - NE
The variance requested is the following:
, Variance for setback of dwelling, driveway, shed and parking. Proposing to place structures 40’ from ordinary high-
water level, required setback is 200’. Requesting 2,672’ for building and impervious surfaces within the shore impact
zone. Prior approval for 850’at June 8, 2017 Board of Adjustment meeting.
Waytie Stein
Board of Adjustment Secretary
March 22, 2018
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 26th, day of March, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
John Ferguson, 5492 Kali Ave NE, Albertville, MN 55301
Sandra Kvern, Twp Clerk of Aurdal, 24135 Aurdal River RD, Fergus Falls, MN 56537
William Davis, Deputy Clerk.of Aurdal, 23456 Garland LN, Battle Lake, MN 56515
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
Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Board'of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
R. Stephen Schiefer, -3310 Rollins Beach, Fergus Falls, MN 56537-4216
Thomas (Tom) Lee\ 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Darren M NewviMe,’6T4 6*^ St NE, Perham, MN 56573
Rod Boyer, 51127 ET/Vymer LK RD, Frazee, MN 56544
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: March 26th, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
EDWARD E BOHRER
1059 COUNTY ROAD 39 NW
MONTICELLO, MN 55362-3062
W DEAN & HELEN C ERRENBRACK
27731 CLEAR BEACH RD
FERGUS FALLS, MN 56537-8031
JOHN FERGUSON
5492 KALI AVE NE
ALBERTVILLE, MN 55301-4333
AL & GERARD KRANZ JOHNSON
8725 IRVING AVE S
BLOOMINGTON, MN 55431-2054
GERARD & AL JOHNSON KRANZ
7437 EMERSON AVE S
RICHFIELD, MN 55423-3932
CHRISTOPHER & AMY LUNDIN
PO BOX 402
WATFORD CITY, ND 58854-402
RILEY & PAMELA J NEUHARDT
27310 COUNTY HIGHWAY 1
FERGUS FALLS, MN 56537-7918
STEVEN SCHULZ
27601 CLEAR BEACH RD
FERGUS FALLS, MN 56537-8031
ALAN E & KURT L SPORRE
27248 COUNTY HIGHWAY 1
FERGUS FALLS, MN 56537-7918
1191939
Date'Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
06/14/2017 10:46 AM
CN
received
MAr 1 7 2017
LAND & RESOURCE
CDCO’>—
— - ^
FEE: 46.00
PAGES 2
WELL CERTIFICATE REC'D: NCO - •
SCMMED'CO
L&R Initial
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
^00 ■—Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
PROPERTY OWNER DAYTIME PHONE
too hi f.APidi, hhi 5:5~wyKuMQ^aT ST, fJvOMAILING ADDRESS
St'■" (i)^H MeLAKE NUMBER LAKE NAME LAKE CLASS
OR /33SECTIONTOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER ^0300i3 9'rO<3S(J,60t)CLCAd KHOK'i LOli ifiE-911
ADDRESS
LEGAL DESCRIPTION
6£ach , LOTS 3'f‘i
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Sewage System Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS 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.
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SIGNATURE" OF PROPERTY 6WNER /^GENT FOR OWNER/uiU^5MF
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345.194 • Victor Lundeen Co , Printers • Fergus Falls. Minnesota
'£J9
'IDate Of Hearing Time
Motion
William and Wendy Grabowski - Variance application approved as requested. (7:45 p.m.)
After discussion and consideration, Paul Larson made a motion, seconded by Brent Frazier and unanimously carried, to approve a variance of
140’ from the required ordinary high water level setback of 200’ and a variance of 590 square feet from the allowable square footage in the
shore impact zone of 260’ for the placement of structure 60’ from the ordinary high water level having 850 square feet within the shore impact
zone as described in the variance application and as depicted on the drawing submitted with the application. It was noted that the variance as
approved is consistent with past actions of the Board within this immediate area. The hardship/practical difficulty is the fact that the lots in this
area are not deep enough to meet the required 200’ setback. The variances as approved do not directly or indirectly grant any other variances
for the current or future development.
Chairman/Otter Tail County/6oard of Adjustment
Permit(s) required from Land & Resource Management
Y Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify ail existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
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Def # 76. Shore Impact Zone (SIZ^:Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Existing Ft^Proposed Ft^
Buildlng(s)
Deck(s)
Patio(s)
Sidewalk(s)
Lahding(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(PlasBc Barrier)
Miscellaneous
TOTAL
m
m
m
ExistingTotal
Shore Impact Zone
Impervious Surface
Proposed TotalIFt^Ft^Ft^
Maximum Allowable 260 Ft^
6 m
Impervious Surfece Calculation SIZ 04-11-2016
Signature:.Date:
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
ll.doOLot Area (ft^):
Other Impervious SurfaceBuildings
Proposed Existing ProposedExisting
- Ft^Ft^Ft^ Ft^
Deck(s)Dwelling
Attached Garage Patio(s)
Detached Garage- Sidewalk(s)
Storage Shed Landing(s)
3MWOASDriveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
I
Miscellaneous
^00TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Pro^(?5edExistingi-i2 Total Lot Area Impervious
Surface
Ratio
fR Ft^Ft^Total Buildings Ft
^ y/md^50 100is.+X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed
i-i2
T5t,al Lot Area Impervious
Surface
Ratio
Ft^Ft'^Ft Ft
1^0^, 01-rx+1'100X
Impervious Surface Calculation Worksheet 04-11-2016
te sm nSignature:^
SCALE DRAWING FORM
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir AveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER Tflil
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
William and Wendy Grabowski
12389 Kumquat St. NW
Coon Rapids, MN 55448
has/have 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, June 8, 2017 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
Lots 3 and 4 Rearrangement of Lots 1-7 Clear Beach Resort,
Property Address - None Provided
Section 2, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-684, Lake Name - Fish, Class - NE
The variance requested is
the following: Variance for setback of dwelling, driveway and shed. Per phone call: proposing to place structures 60’
from ordinary high water level. Requesting a variance of 140’. Proposing 850 square feet in shore impact zone.
Ordinance allows 260 square feet. Requesting a variance of 590 square feet.
Wayne Stein
Board of Adjustment Secretary
May 18, 2017
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 22nd, day of May, 2017 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
William H and Wendy K Grabowski, 12389 Kumquat ST NW, Coon Rapids, MN 55448 2670
Sandra Kvern, Twp Clerk of Aurdal, 24135 Aurdal River 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
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Darren M Newville, 614 6*'' St NE, Perham, MN 56573
Brent E Frazier, PO Box 255, 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 Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: May 22nd, 2017
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
»r
W DEAN & HELEN C ERKENBRACK
27731 CLEAR BEACH RD
FERGUS FALLS, MN 56537 8031
WILLIAM H & WENDY K GRABOWSKI
12389 KUMQUAT STNW
COON RAPIDS, MN 55448 2670
EDWARD E B.OHRER
■ 1059 COUNTY ROAD 39 NW
MONTIGELLO, MN 55362 3062
j;
ALJ0HNS0N & GERARD KRANZ
8725 IRVING AVES
; BLOOMINGTON, MN ;55431 2054
‘ GERARD KRANZ &AL JOHNSON
7437 EMERSON AVE S
RICHFIELD, MN 55423 3932
CHRISTOPHER & AMY LUNDIN
PO BOX 402
WATFORD CITY, ND 58854 402
THOMAS L & JANET L NOLDEN
7025 BALSAM LN N
MAPLE GROVE, MN 55369 7656
RILEY & PAMELA J NEUHARDT
V 27310 COUNTY HIGHWAY 1
FERGUS FALLS, MN 56537 7918
ALAN E & KURT L SPORRE
27248 COUNTY HIGHWAY 1
FERGUS FALLS, MN 56537 7918
f
^^^William and Wendy Grabowski - Variance application approved as requested. (7:45 p.m.)
William and Wendy Grabowski, Lots 3 and 4 Clear Beach Resort, Fish Lake in Aurdal Township, requested the following:
Variance for setback of dwelling, driveway and shed. Per phone call: proposing to place structures 60’ from ordinary high water
level. Requesting a variance of 140’. Proposing 850 square feet in shore impact zone. Ordinance allows 260 square feet.
Requesting a variance of 590 square feet. John Ferguson, potential purchaser of the property appeared with the applicant at the
public hearing. The audience was polled with Dean Erkenbrack and Edward Bolner seeking general information regarding the
applicants’ request. An email form Janet Nolden in support of the variance as requested was read for the record. After discussion
and consideration, Paul Larson made a motion, seconded by Brent Frazier and unanimously canned, to approve a variance of 140'
from the required ordinary high water level setback of 200’ and a variance of 590 square feet from the allowable square footage in
the shore impact zone of 260’ for the placement of structure 60’ from the ordinary high water level having 850 square feet within
the shore impact zone as described in the variance application and as depicted on the drawing submitted with the application. It
was noted that the variance as approved is consistent with past actions of the Board within this immediate area. The
hardship/practical difficulty is the fact that the lots in this area are not deep enough to meet the required 200’ setback. The
variances as approved do not directly or indirectly grant any other variances for the current or future development.
Howard and Cynthia Hansen - Denied. (7:50 p.m.)
Howard and Cynthia Hansen, part of Government Lot 3, Section 30 of Girard Township by West Battle Lake, requested the
following: Property owner requests to be allowed to subdivide real property described in said Exhibit B so that the real property
described in said Exhibit C, which is a part of the real property described in said Exhibit B, can forever and permanently be
attached to the real property described in said Exhibit A, and property owner requests to be allowed to proceed with the foregoing
action without being required to obtain a registered surveyor’s drawing as contemplated in Section IV Subdivision 10(B) of the
Shoreland Management Ordinance of Otter Tail County. The goal is to allow resulting parcels to be buildable for residential
purposes. May 11, 2017 meeting - Greg Larson, Attorney represented the applicants at the public hearing. The audience was
polled with Todd Jolmson seeking clarification of the request. A letter from Bill and Crystal Davis expressing concern with
access issues was read for the record. After discussion and consideration, fhomas Lee made a motion, with the applicant’s (Greg
Larson) verbal permission, to table their request until the June 8, 2017 meeting of the Board of Adjustment so that the members of
the board could address some questions to the County Attorney. This motion was seconded by Darren Newville and carried with
Rod Boyer and Paul Larson voting no. June 8, 2017 meeting - Mr. Greg Larson, Attorney, represented the applicants at the
public hearing. Mr. Larson noted sections of the ordinance that he felt would support the granting of the variance that his clients’
are requesting and identified the practical difficulties as stated in the ordinance. After considerable discussion and consideration,
Paul Larson made a motion, seconded by Thomas Lee and carried with Danen Newville and Brent Frazier voting no, to deny the
variance as requested noting that even though the proposed legal descriptions are locatable (at least on paper) no adequate
hardship/practical difficulty unique to the property or it reasonable use had been shown that would wanant varying from the
ordinance requirement for a survey. Concern was expressed that the granting of the variance as requested would establish
precedence that the Board is not interested in establishing.
Lou A. Score - Variance application approved to include Land and Resource comments. (8:12 p.m.)
Lou A. Score, part of Government Lot 2, Section 18 of Edna Township by Big McDonald Lake, requested the following: The
proposed garage would end up being 4’ from the north property line when we meet the other required setbacks. We are asking for
a variance to be 4’ off the property line rather than the required 10’. Requesting a 6’ variance. May 11, 2017 meeting - The
audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren
Newville offered a motion, with the applicant’s verbal permission, to table this request until the June 8, 2017 meeting of the
Board of Adjustment so that the applicant could have an opportunity to find and present additional information regarding the
wetland and the 3’ vertical separation requirement. This motion was seconded by Thomas Lee and unanimously canied. June 8,
2017 meeting - After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously
carried, to approve a variance of 6’ from the required lot line setback of 10’ for the placement of 28’ by 26’ garage 4' from the lot
line as depicted on the drawing submitted with the variance application with the condition that the requirements stated in Kyle
Westergard’s memo dated June 5, 2017 must be meet.
Peterson Family Cabin LLC - Tabled.
This application had its first public hearing on Thursday, May 14, 2015 and has been continuously tabled per the applicant’s
written request.
Junes, 2017Page I 4
»
Wayne Stein
Shayrae Nolden <snolden77@aol.com>
Wednesday, June 07, 2017 8:45 PM
Wayne Stein
William and Wendy Grabowskis Application
From:
Sent:
To:
Subject:
I, Janet Nolden, do not see any problem with the variance requested. I agree the ordinance should be adjusted. I am the
direct neighbor of the property in question.
Janet Nolden
27601 Clear Beach Rd
Fergus Falls MN 55369
Sent from my iPhone
;■
\:
1