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HomeMy WebLinkAbout06000090055000_Variances_07-20-2021Variances Barcode 128 1264817Date Stamp RECEIVED JUL 20 2021 ND & RESOUBC' LYHH R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/08/2021 03:29 AM FEE: 46.00I/^AK)K)£DNL&R Initial THE ABOVE^ACE IS RESERVED FOR THE COUNT¥-RECQEDEB 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.ottertailcountvmn.us ' Accepted By / Date ^' ^~)' 2A » /.e AiAA daytime phone 2i%~ J, os~ - 7^^ 7 rg i/j II/^AJ 6 S' 3 7____________________ I j r-o^»\c.s.l ~7/ SI, J cKvsj A Com Application Fee COMPLETE THiS APPLICATION IN INK Receipt Number PROPERTY OWNER lio 5■f, cly^t-lesMAILING ADDRESS E-MAIL ADDRESS LAKE CLASSLAKE NUMBER LAKE NAME 132a/c?V3 tvSECTION Q9 TOWNSHIP NAMETOWNSHIP RANGE E-911ADDRESSPARCEL NUMBER O6OO00 Too SSooo LEGAL DESCRIPTION 5<_c- A/^'/y /) f thf TYPE OF VARIANCE REQUESTED (Please Check) X'Subdivision Cluster WECS Misc.Sewage SystemStructure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. O^r -U;l^HU6HOTTER TAIL COUNTY ORDINANCE: Scc"Ho^\. Jfi /ASECTION OF ORDINANCE: _ VARIANCE REQUEST: "7. S cAjt. +0 'iUe. hot let,'**<^^1* 10^ -for <L 3^ T -fk^ r\o/'-f/x si eft.:ll A- virt S Yo "tko. to^eX. of utrt%tM> 7 I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE 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. r i/. SIGNATURE OF PROPERTY OWNER / AGENT FOR'OWNER 1 - Z.O -^iOX.1 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY IZ-, tcT^i UTimeDate Of Board of Adjustment Hearing Motion Les & LeAnn Rogness - Variance Application Approved as Requested (6:25 p.m.) the Board s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. (0 IWi/l Chairnian/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No L Rtofficial/DateCopy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR 368.804 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800-346-4870CL 01122019-001 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WVWV.CO.OTTER-TAIL.MN.US Kyle Westergard Asst, DirectorOTTERTAIl GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Les & LeAnn Rogess Address/Parcel No. 20672 County Hwy 1 / 06000090055000 Requested Variance: Requesting a 10' variance for a 36' building addition. The south side will require 9' and the north side requires 7.5' due to the existing building angle to the road right of wav. Otter Tail County Ordinance: □ Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use X Setback Ord. Ordinance Section Citation: Section 3. A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Office addition to the existing farm building. Best use is on the road side. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The Setback Ordinance allows for property owners to develop property. No safety issues with the road placement of the road location in the road right of way. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shail consider what reasonable use of the property Is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The proposed addition wiil not affect the public Road Right of Way in an adverse manner. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The topography of the land restricts the suitable area for use being considered. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerabiy more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for.economic considerations... ...because: The proposed improvements are to the existing structure are minimal. The Otter Tail County Board of Adjustment: APPROVES^___X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. *Dawim Item/tilUDATED: August 12, 2021 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. i ■'» 1250837SNo delinquent taxes and tran^r entordd: Certific^e of tteal Estate Value ( ) filed ( X ) not required. Certi^te of Real Estate Value No._^____ OB&mki r CAROL SCHMALTZ ' OTTER TAIL COUNTY REC0RDER/RE6ISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 12/31/2020 04:03 PM FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D: N 11■>d' ^^^r^Sir^m^^ujditor/Treasurer Bv:Q^ so U toOCS , Deputyrf U"J -X ObOOOdVo5SOOOOJ WARRANTY DEED Corporation or Partnership to Trust COtlM fY OF OTTER TAIL STATE OF MINNESOTA DS.EDTAX S ------ NUMBER ^ niyrfiJfC.. I7.SI-ZP STATE DEED TAX DUE HEREON: $1.65 Date: 3/. 3-0^0 cJ FOR VALUABLE CONSIDERATION, Rogness Brothers, LLP, a Minnesota partnership, consisting of Leland R. Rogness, LaWayne D. Rogness, Leslie G. RognesSj and Loran A. Rogness, as all the partners, a partnership under the laws of Minnesota, Grantor, hereby conveys and warrants Leslie G. Rogness and LeAnn K. RognesSj Trustees, or their successors in trust under the Les & LeArin Rogness Family Trust dated November 29, 200D, Grantees, real propeity in Otter Tail County, Minnesota, described as follows: The NE1/4 of the SW1/4 of Section 9; that part of the SE1/4 of the NW1/4 of Section 9 lying South and West of the Interstate Highway; that part of the SW1/4 of the NE1/4 of Section 9 lying South and West of the Interstate Highway; that part of the NW1/4 of the SE1/4 of Section 9 lying South and West of the Interstate Highway; and that part of the NE1/4 of the SE1/4 of Section 9 lying South and West of the Interstate Highway; and that part of the NE1/4 of NW1/4 of Section 9 lying South and West of the Interstate Highway; all in 132, Range 43, Otter Tail County, Minnesota, and containing 113.2 acres, more or less, and also an easement for ingress and egress over and upon the following described lands, to-wit: The Northeasterly 2 rods of that part Of the S£l/4 of the SE1/4 Of Section 9, Township 132, Range 43, lying South and West of the Interstate Highway. AND The NW1/4 of the SW1/4; the SW1/4 of the NW1/4; and the NW1/4 of the NW1/4, Otter Tail County, Minnesota, EXCEPT tracts described as follows: 1 otter Tail County, Minnesota 1250837 1 of 5 1) That part of the NW1/4 of the NW1/4 lying North and Easterly of that certain Highway No. 94 right-of-way, said right-of-way being described as: A line running parallel with and distant 100 feet northeasterly of the following described line: Beginning at a point on the East line of the SE1/4 of the NW1/4, of said Section 9, distant 403.4 feet South of the Northeast corner thereof; thence run Northwesterly at an angle of 53 degrees 05 minutes with said East line for 1751.4 feet; thence deflect to the right on a 0 degree 15 minute curve (delta angle 3 degrees 00 minutes) for 1200 feet; thence on tangent to said curve for 200 feet and there terminating. That part of the NW1/4 of Section 9, Township 132 North, Range 43 West, Otter Tail County, Minnespta, described as follows: Commencing at the West Quarter Section corner of said Section 9; thence North 03 degrees 09 minutes 08 seconds East along the West line of said NW1/4 a distance of 1260.94 feet to the point of beginning; thence South 84 degrees 05 minutes 48 seconds East a distance of 516.28 feet; thence North 12 degrees 07 minutes 53 seconds East a distance of 92.66 feet; thence South 81 degrees 33 minutes 24 seconds East a distance of 775.31 feet; thence North 00 degrees 58 minutes 14 seconds East a distance of 423.90 feet to the Southwesterly Right of Way line of Interstate Highway Number 94; thence North 48 degrees 12 minutes 42 seconds West along said Right of Way line a distance of 774.99 feet; thence North 63 degrees 30 minutes 07 seconds West along said Right of Way line a distance of 619.25 feet; thence southerly along said Right of Way line on a nontangentlal Curve concave to the west a distance of 327.78 feet, said curve having a central angle of 01 degree 05 minutes 16 seconds and a radius of 17263,75 feet and a chord bearing of South 03 degrees 39 minutes 10 Seconds West; thence South 04 degrees 11 minutes 48 seconds West along said Right of Way line and tangent to the last described curve a distance of 311.90 feet; thence North 85 degrees 48 minutes 12 seconds West along said Right of Way line a distance of 103.56 feet to the West line of said Section 9; thence South 03 degrees 09 minutes 08 seconds West along the West line of said Section 9 a distance of 510.40 feet to the point of beginning. All that part of the NW1/4 Of Section 9, Township 132, Range 43, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 9; thence on an assumed bearing of North 3 degrees 09 minutes 08 seconds East along the West line of said Section 9, a distance of 1164.87 feet to the point of beginning of the land to be described; thence continuing North 3 degrees 09 minutes 08 seconds East along said West line, a distance of 96.07 feet; thence South 84 degrees 05 minutes 48 seconds East a distance of 357.29 feet; thence South 3 degrees 00 minutes 16 seconds West a distance of 96.08 feet; thence North 84 degrees 05 minutes 48 seconds West a distance of 357.54 feet to the point of beginning. Containing 34,297 square feet more or less. Subject to County State Aid Highway No. 1 and to easements and reservations of record, if any. 2) 3) All the above in Section 9, Township 132 North, Range 43 West of the Fifth Principal Meridian. 2 ^ otter Tail Coun^^l^nnesota 1250837 2 of 5 together with ail hereditaments and appurtenances belonging thereto. {n/a} The seller certifies that the seller does not know of any wells on the described real property. {n/a} A well disclosure certificate accompanies this document. {n/a} I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. TOTAL CONSIDERATION FOR THIS TRANSFER IS $3000.00 OR LESS ROGNESS BROTHERS, LLP, A MINNESOTA PARTNERSHIP By Lelan6 R. Rogness, Partner y j/' La Wayne D' Rogness' Partner By. Leslie G. Rogness, Partner Loran A. Rogness, Partn 3 otter Tail County, Minnesota 1250837 3 of 5 STATE OF MINNESOTA ) )SS COUNTY OF OTTER TAIL) The foregoing was acknowledged before me this 3/day of December, 2020, by Leland R. Rogness, partner of Rogness Brothers, LLP, a Minnesota Partnership, a partnership under the laws of Minnesota, on behalf of Rogness Brothers, LLP. DACIA J. TEBERG Notary Public-Minnesota My CommiBSlon Expires Jan 31.2025 Notary P<iblie_-^ STATE OF MINNESOTA ) ) SS COUNTY OF OTTER TAIL) The foregoing was acknowledged before me this 3 ( day of December, 2020, by LaWayne D. Rogness, partner of Rogness Brothers, LLP, a Minnesota Partnership, a partnership under the laws of Minnesota, on behalf of Rogness Brothers, LLP. I VIAAAAAAAAAAAAAA^/VAA/WVAAAAAAA^ I DACIA J. TEBERG : NotaryPublic-Mlnnasota I My Commlaston Expires Jan 31.2025 Notary STATE OF MINNESOTA ) )SS COUNTY OF OTTER TAIL) The foregoing was acknowledged before me this 3/ day of December, 2020, by Leslie G. Rogness. partner of Rogness Brothers, LLP, a Minnesota Partnership, a partnership under the laws of Minnesota, on behalf of Rogness Brothers, LLP. Notary Public-Minnesota Nofary PuMc 4 otter Tail County, Minnesota 1250837 4 of 5 STATE OF MINNESOTA ) )SS COUNTY OF OTTER TAIL) The foregoing was acknowledged before me this 5/ day of December, 2020, by Loran A. Rogness, partner of Rogness Brothers, LLP, a Minnesota Partnership, a partnership under the laws of Minnesota, on behalf of Rogness Brothers, LLP. I AAVVWwWwSAAAAAAAAAAAAAAAAAVWVC IDACIA J. TEBERG5 Notary PubI Notary Publlc-Minnesota My Commission Expires Jan 31,2025 Tax Statements for the real property described in this instrument should be sent to: Leslie Rogness jlo f. 9r cha/l-6zi THIS INSTRUMENT WAS DRAFTED BY: N.F. Field Abstract Co. 127 S. Mill Street Fergus Falls, MN 56537 (not closing agent) 5 otter Tail County, Minnesota 1250837 5 of 5 Lisa W'ippcrmaii Heine Tst - Variance Application Approsed as Requested (6:20 p.ni.) Lisa Wipperman Heine Madsen Survey Lots of GL 1 & 2 Called Lot 2, Walker Lake (56-310) in Amor Township requested the following: Requesting a variance of 12’ from the OHWL setback of 100’ to rebuild in the existing structure footprint, with higher roof & garage addition. Also replacing existing deck with a new deck no closer to the OHWL than existing. Requesting a variance of 6’3” from the Road Right of Way setback of 20’. To rebuild in the existing structure foorprint with a higher roof. Paul & Kelly Heine, Trustees, represented the variance application. The audience was polled w ith no one speaking for or against this application. Keith & Nancy Narr sent a letter in support of the variance request w hich was forwarded to the Board Members for their review and read for the record at the meeting. After consideration and discussion. Terry Marthaler made a motion, seconded by Thomas Lee and unanimously carried to approve the variance to re-build the existing dwelling, attached garage and deck in the same footprint as the existing dwelling being no closer to the ordinary high-water level and no closer to the road right of w ay than the existing structure. Land & Resource Management will need to do an onsite visit prior to the removal of the existing dwelling and deck to verily the same footprint setbacks before issuing the permit. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. Les & LeAnn Rogness - Variance Application Approved as Requested (6:25 p.m.) Les & LeAnn Rogness, NEI '4 of the SWI '4, Section 9 in Buse Township requested the following: Requesting a 10’ variance for a 36’ building addition. The south side will require 9’ and the north side requires 7.5’ due to the existing building angle to the road right of way. Ryan Rogness, agent for property owner represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Michael Donoho made a motion, seconded by Terry Marthaler and unanimously carried to approve the variance request to construct a 36’ addition to the existing building being 9’ from the road right of w ay on the south side and 7.5’ from the road right of w'ay on the north side of the building. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file w ith the Land & Resource Management Department. Seth Durbin Gordon & Karen McConnell - Variance Application Approved as Requested (6:32 p.m.) Seth Durbin and Gordon & Karen McConnell Pt of GL 5 & Pt Pelican Lake Park 3'^* Addn, Lot 17 Pelican Lake Park 3^“* Addn., Pelican Lake (56-786) in Dunn Township requested the following: Subdividing Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel M1 & attach to Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M. Seth Durbin property owner represented the variance application. The audience was polled w ith Evan Furr & Rygo Foss looking for information on what the variance was about. After consideration and discussion, Terry' Marthaler made a motion, seconded by Thomas Lee and unanimously carried to approve the variance to Subdivide Parcel 17000991329008 & Parcel 17000050068033, see survey (blue) proposed parcel Ml & attach to my Parcel 17000050068032 (yellow). Attach remainder of 17000050068033 to Parcel 17000991329008, See Survey, (pink) M2 & M on file. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. Debbie Koberinski - Variance Application Request Approved (6:42 p.m.) Debbie Koberinski, Pt Lots 9 & 10 BIk I Com Most NIy Cor l.ot 8 Oak Haven Bch Subd, Tamarac Lake (56-931) in Scambler Township requested the following: Proposing to replace a dwelling and screen porch that was destroyed in a fire with a new' dwelling as shown in the drawing no closer than old screen porch and dwelling. Previous screen porch was 42 ft. from OHWL and previous dwelling was 50 ft. from OHWL. Board of Adjustment August 12, 2021 Page I 2 STAFF REPORT Les & LeAnn Rogness Family TstAPPLICANT: LOCATION:20672 Co Hwy 1, Fergus Falls, MN 56537 06000090055000 LAKE NAME/NUMBER/CLASS: N/A Requesting a 10' variance for a 36' building addition. The south side will require 9' and the north side requires 7.5' due to the existing building angle to the road right of way. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website +20672 CO HWY 1 Show search resiilts for ?OA7? "'■■'"''If- ■ 4 . Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be Included: Applicable Ordinances/Statutes Setback Ordinance Section III A. No structure, dwelling or building shall be erected, placed or moved to within 40 feet of the right-of-way line of any existing county road except in a shoreland management area. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: No comments i'' ..................r.y TTJT.L 1'. t X.,:‘•^*5h^ .t*i is? #W i Lj* *);it^j LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Les & LeAnn Rogness Family Tst 110 East St. Charles St. Fergus Falls MN 56537 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 12, 2021 at 6:00 p.m. in the Commissioner's 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.) The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to land(5)co.ottertail.mn.us. Written correspondence or emails. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No. - 06000090055000 NEl/4oftheSWl/4 Section 09, Township 132, Range 43 Township Name - Buse Legal Description: Lake Name/Number/Class: Property Address: Non-Shoreland 20672 County Hwy 1, Fergus Falls MN 56537 OVER ottertailcountymn.us(§)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 t. The variance requested is the following: Requesting a 10' variance for a 36' building addition. The south side will require 9' and the north side requires 7.5' due to the existing building angle to the road right of way. July 29- 2021 V Amy. Busko Board of Adjustment Secretary [ 5 ;• >• &'■ ■•"** iii '*i.k>v”*'"f' "'i SCALE DRAWING FORM 0 6>oooo ss'oo^i 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 and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). ! -■■i- ... ^.I j >1..: 1 /11- .1.. i' ! '/60ch /Gy(J 1 < j / /Signature of Property Owner BK —042016 360,800 • Victof Lundeen Co.. Printers » Fergus Falls, MN • 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^ Ft^Ft^Ft^ Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing ' Ft^ Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^Total Buildings 100+-T-X 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 100+X Impervious Surface Caiculation Worksheet 04-11-2016 Signature:Date VARIANCE REQUEST CHECKLIST While considering a variance request from an official control (a County Ordinance), the Board of Adjustment is required by Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists by measuring the variance request against the following 5 criteria. AH'five criteria rhust be answered in the affirmative for the variance to be granted. As the applicant, you should come to the variance hearing prepared to demonstrate that your variance request meets the following criteria: 1. Is the variance, in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). irifia i-Ut. scf i»ecc^ .'/I 'Xo-t dL-P'^ec.'f' •hit-t- o ur r -tine -hk/t- +Ut. 2. Is the property owner proposing to use the property in a reasonable manner hot permitted^by the official control? (The board shall consider what reasonable use of the property is fpst .(practical difficulties);bythe strict enforcement of the official control). ‘ ' 3^'^ 'Hs btf. 4' ;/5 ,corA/H«»\ ~h? ~h> o>jr- .sl\op be. “for cc^r't c.ol-(or\l 2ef^ic.eS. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior landowners? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) c/sc f>-T S s rx>%o JIk. /. t*/C- 4 rc. StZ^ 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) y^-S^ ■/■/lA. look. ^ ^tAe.uKn!l A Axc-fck. 7^4^. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerable more does not constitute a practical difficulty). A\jilA,r>^ -fke. loc<K4/a^ -TiVs ~fe? o>^r- <,v/!s g 15Feb2019 CWL In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management Ordinance allows the Board of Adjustment the option to consider the following while deciding on a variance request: 1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area. Otjn u/rVA sH-f-S. nit ,‘s Ka.u«. c. 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved. 'Tket-e. (5 AO .3T/X b%jilcLl/\^ -tUii A-oWiVr'dA +ke.n. u>> 3. Whether granting.the variance will be contrary to the public interest or damaging to'the rights or other persons or to property values in the neighborhood. OA. -Hie. , 'll he.4^'^ A. ITa. -fr4e. vci/’i’aac i+ ivlll e Sd"f hc>.c.k, ^/«S3 !0* o*f ^O CIA SA.-fe-fy^ i pr^rU 4. No variance will be granted simply because there are no objections or because those who do not object outnumber those who do. ' ’ ' e .s 4 «.* /tfX /Aa-^ ei-f-ftc-/- I A -f» .^.Ac pjih'c.o4r 4^e. kl^\^a. The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. [Mitigating impervious surface with storm water management, deep rootdd vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. 15Feb2019 CWL 941664 OTTER TAIL COUNTY SET BACK ORDINANCE The County Board of Otter Tail County ordains: General Provisions.I. A. Title. This Ordinance shall be known as the Otter Tail County Setback Ordinance. Purpose. This ordinance is enacted for the following purposes:B. 1. To promote and protect the health, safety, and general welfare of persons using and enjoying the roads throughout the County. To preserve and enhance the quality of county highways.2. To regulate and ensure orderly use and development of county highways. C. Authorization. This Ordinance is enacted pursuant to Minnesota Statutes, Chapter 163,375 and 394. D. Jurisdiction. This Ordinance shall apply to all areas of Otter Tail County outside the limits of incorporated municipalities. Definitions. For the purpose of this Ordinance, certain items and words are defined as follows: II. Individual Sewage Treatment System. An individual sewage neatment system shall have the same definition as contained in Minnesota Rules 7080.0020. Shoreland Management Area. Any land within 1,000 feet of a classified lake or 300 feet of a classified river. Structure. Structure means anything constructed or erected with a fi.x:ed location on or under the ground. III. Setbacks. A. No structure, dwelling or building shall be erected, placed or moved to within 40 feet of the right-of-way line of any existing county road except in a shoreland management area. B. No structure, dwelling or building shall be erected, placed or moved within 20 feet of the right-of-way of any existing public road within a shoreland management area. No individual sewage treatment system shall be constructed within ten feet of the right-of-way line of any existing county highway or public road within a shoreland management area. C. Sign Exemptions;D. 1. Signs of less than 64 square feet, and not more than eight feet in height or width may be placed outside the road right-of-way, but within the setback requirements in paragraphs A and B. 2. Regulatory and information signs placed by the road authority are exempt from the provisions of this Ordinance. IV.Violations. Violations of this Ordinance shall be punishable as a misdemeanor.A. In the event of a violation or a threatened violation of this Ordinance, in addition to any penalties imposed under Section A above, the County Board, or any member thereof, or any taxpayer or resident of this County may institute appropriate action or proceedings to enjoin, prevent, restrain, correct or abate such violation or any threatened violation. B. Right to Access. All employees of the Otter Tail County Land and Resource Management Office. Highw'ay Department, members of the County Board of Commissioners, Planning Commission and Board of Adjustment^ in the performance of their duties, shall have free access to all lands within 40 feet of the right-of-way of any existing county road. V. Effective Date. This Ordinance shall become effective on January 1,2004.VI. OTTER TAIL COUNTY BOARD OF COMMISSIONERS / Dated; August 12,2003 B A Malcofm Lee, Chairman 2 OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 29'^ day of July, 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Les & LeAnn Rogness Family Tst Joyce Schmidt, Clerk 110 East St. Charles St. Fergus Falls MN 56537 NA Buse Township 21690 175"^ St. Fergus Falls MN 56537 City Clerk (if located within 2 miles of a city) City of Fergus Falls, Andrew Bremseth, Administrator, 112 W Washington Ave., Fergus Falls MN 56537 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 bnald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 ^ Big Pine: Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 n LU^ Big McDonald: Devils (N^ Perham): LittI Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Little Pe\\c0n, Fr South Turtle Lake: Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, 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 Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Rod Boyer, 51127 E. Wymer Lake 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print Dated: June 24, 2021 File 1 Extra BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT 19 ^^dded to Agenda Map I pj-int out Findings of Fact Sheet Newspapers FFDJ_______________ 3Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1 MinutesBy:9Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/ Affidavit (NS) 08-12-21.docx Buffer Parcels PMf/' Parcel No Addrl Citv St Zip Fergus Falls MN 56537 7606 Name 1 Addr 2Name 2 06000080048000 Gerald C & Christine Peterson 20789 County Flighway 1 Tony & Andrea Loomer Tst06000080048001 18054 176th Ave Fergus Falls MN 56537 7734 06000080049000 Scott A & Denise R Juven 16400 195th Ave Fergus Falls MN 56537 7700 06000080049001 Dana R & Lori J Anderson 1090 Westside Dr Fergus Falls MN 56537 2647 06000080049002 Brian & Elizabeth Quernemoen Fergus Falls MN 56537 763618470 Silver Ridge Rd 06000090054001 Amy Annette Shol Fergus Falls MN 56537 32441515 Douglas Ave W 06000090055000 Les & Leann Rogness Family Tst Fergus Falls MN 56537 3638110 Saint Charles Ave E 06000090055001 Traill A & Dawn M Vosberg 20752 County Highway 1 Fergus Falls MN 56537 7606 06000090056000 Les & Leann Rogness Family Tst 110 Saint Charles Ave E Fergus Falls MN 56537 3638 06000090058000 Steaven M & Jane C Fronning Fergus Falls MN 56537 760720082 County Highway 1 Tuesday. July 27. 2021 Page 1 of 1 Buffer Mail Address i City, State, ZipAddress 2Name Dana R & Lori J Anderson 1090 Westside Dr Fergus Falls MN 56537 2647 Steaven M & Jane C Fronning 20082 County Highway 1 Fergus Falls MN 56537 7607 Scott A & Denise R Juven 16400 195th Ave Fergus Falls MN 56537 7700 Les & Leann Rogness Family Tst 110 Saint Charles Ave E Fergus Falls MN 56537 3638 Gerald C & Christine Peterson 20789 County Highway 1 Fergus Falls MN 56537 7606 Brian & Elizabeth Quernemoen 18470 Silver Ridge Rd Fergus Falls MN 56537 7636 Amy Annette Shol 1515 Douglas Ave W Fergus Falls MN 56537 3244 Tony & Andrea Loomer Tst 18054 176th Ave Fergus Falls MN 56537 7734 Traill A & Dawn M Vosberg 20752 County Highway 1 Fergus Falls MN 56537 7606 Tuesday, July 27, 2021 Page 1 of 1 7834S3 APPLICATION FOR VARIANCE FROM OTTER TAIL COUNTY, MINNESOTA f \ So X yyjLjS Receipt No. Application Fee $ 73'^/6'lC _______^jo_i Last Namer^ ^Phone:Owner: MiddleFirst 'y^yn &y State Zip No.Street & No. Lake ClassLake NameLake No. /R.'l 4^Twp. NameSec. Twp.Range S»dhc^ ^/d~3XLegal Description:SuJ ^ No. CX.CJ^te^ or Lake ID ifScJ'y^ i- Tn‘/ju T}u> ScJ‘/<4 S 33^Cyc jt>\ -09- 00^6- 006Parcel Number LOlOk ^ JL^zXJ 7.7^ 0^^ CLCAjl y /leyiyy'n^au^^-<yr<^'^ czTCOo^cTi cuyu. VARIANCE REQUESTED IS: OP (H Office of County fiocofacr County of Otter Tail I hereby certify that the witisin instrument was i led tor record m this OMhee un the S? 19^ at 3±2g_^M. and w.?s ou!y Microfilmed as nnt^i^ -3 S C day of f Jaui'itv Recorder _____ Oep'ii" In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. / understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. X ^/Lo^'yjy Signature Of Applicant V/J - f^fApplication dated 19 19 . Time://' ^Date of hearing: ____ MOTION AS FOLLOWS: notion was made by John Everts, seconded by Randall Hann and unanimously carried, to approve a variance to subdivide a 27,620 square foot parcel (approximately .63 acre) from a 90.61 acre parcel for permanent attachment to an adjacent 23.59 acre parcel owned by Ed Brist with the condition that a registered surveyor's drawing must be provided at the time of recording. Chairman Otter Tail County Board of Adjustment Permitfs) from Land & Resource Manag^ent required: M NOYES mailed copy of Application to Applicant./(Date/Initial) MKL — 0483-001 258,371 — Victor Lundsen Co., Printers. Fergus Falls. Minnesota ■SoL<U^ - dtC ^,a ic ? 4E -goo^5 -OCO GQ’OO i ^feet/inches^ Scale: Each grid equals GRID PLOT PLAN SKETCHING FORM /o- 9 19Dated: Signature Please sketch your lot indicating setbacks from road right-of-way, lake and sideyard for each building currently on lot and any proposed structures.O oi S*cr^^ Tot*>r» !,hir 13a ru eitir r«'il OottisTyW3W, /? ’ -! A i:/ rn !• •» ■ • 04y^^ ► ✓ o >2 - 7S w ^r 5k & is* ’•c t". jt 7 f> rJ?'" i •0I/s ■-> it A0r>\A ’iXo4^' <4 <0 ! \ fe; poa StS'S‘\ Ac.7 /• O''5 ' \► 0 'tV*«>I - o 1*A Xo% V • VA o t* r, X j \ «t1»1 4?jU-c<-■>7^:51 — rg-Ajygw.' r"» PC-^ r.■ i-i IJ. < ► '■ !> I t o»*-r I / {ipW \'77^/^kCK^^ A ««C 7a / AJ . ..i 21S98 7®MKL-0871-029 VICTO* LUNDCEtt C« . 8RINTEftt, rEKfiua FALLS. MINN. . .xi-i--. - ■"« » i / N.W. CORNER SEC. 9 ci; if I— LiJ CO 1 1 S/ern J f Lesi tt:;l< CO o f j f >■ ? Notice o£ Hearing for Variance Otter Tail County Courthouse 121 W. Junius Fergus Falls, Minnesota 56537 Applicant must be present at the scheduled hearing. To Whom It May Concern: Ed Brist RR 5 Box 10 Fergus Falls, MN 56537 Luverne J. and Lester Teberg RR 5 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 and/or the Subdivision Controls Ordinance, for this hearing on The Otter Tail County Board of Adjustment will assemble November 2nd, 1995, At 9:00 p.m • / in the Commissioners' Room of the Otter Tail County Courthouse, Fergus Falls, MN. use the west Law Enforcement entrance.) should contact the County Auditor's office prior to the date of the public hearing. (Please Individuals requiring special accommodations The property concerned in the application is legally described as the Southwest 1/4 of the Northwest 1/4, part of the North 1/2 of the Northwest 1/4 and part of the Northwest 1/4 of the Southwest 1/4, Fire # South of #1232 Section 9, Township 132, Range 43 - Township Name - Buse Lake No. NA, Lake Name - NA, Class - NA The variance requested is: a variance to subdivide a 27,648 square foot parcel (approximately .63 acre) from a 90.61 acre parcel for permanent attachment to an adjacent 23.59 acre parcel owned by Ed Brist. U), Board Date: October 13th, 1995 /yxo Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )S5 County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 16th, day of October, 1995 the attached not ice and/or included in the attachment: of Hearing for Variance was duly served upon the individuals listed below LuVerne J, & Lester Teberg, Rt 5, Fergus Falls, MN 56537 Ed Brist, Rt 5 Box 10, Fergus Falls, MN 56537 Carolyn Sund, Twp Clerk Buse, Rt 5 Bix 37, Fergus Falls, MN 56537 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave, Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Otter Tail County Public Health Department, Courthouse, Fergus Falls, MN 56537 Board of Adjustment; Craig Anderson, RR, Ottertail John Everts, Route ttE, Battle Lake, MN 56515 Cecil Q. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Leslie Estes, Box 358, Battle Lake, MN 56515 George Walter, Route #1 Box 314, Perham. MN 56573 MN 565715 5 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, properly addressed to each of the individuals listed above and/or listed in the attachment. Dated: October 16th, 1995 Secretary - y’:XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ^ .-.a/. • xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx PETERSON, 6ER0LD CQNROD R#5 FERGUS FALLS, MN 56537 TEBERG, LUVERNE J TEBERG, LESTER R#5 FERGUS FALLS, MN 56537 BRIST, EDWIN M, JR BRIST, JOAN L R#5 BOX 10 FERGUS FALLS, MN 56537 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXxxxxxxxxxxxxxxxxxxxxxxxxxxxXXX xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx xxxxxxxXXXxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx ~\ TAX-RELATED FILES & PROGRAMS PARCEL INFORMATION TX003 0 Date Inactive:Parcel Key:06000090055000 TEBERG, LUVERNE J TEBERG, LESTER 1 Current Owner Acct: 760801 Fee Account: I 2 Uniform Taxing Area: Township Code: 3 Sec for Plat: G01*S11*T0613 06 4 Plat Key: 5 TIF Key: 6 Property Description:9 132 43 90.61 SWl/4 NWl/4 & Nl/2 NWl/4 SW OF HWY. #94 EXC TR & NWl/4 SWl/4 EX S 33'. LR.DATAOTTER TAIL COUNTYLAND 15:11 11 OCT 1995 November 2nd, 1995 - Page 9 Lester and Luverne Teberg - Appioved Lester and Luverne Teberg, Fergus Falls, MK, requested a variance to subdivide a 27, £>43 square fecit parcel (appr cHirnately .33 acre) fron; a 90.61 acre parcel for permanent attachment to an adjacent 23.59 acre parcel owned by Ed Brist. T)ie property is described as the Southwest 1/4 of Die Northwest 1/4, part of the North 1/2 of the Northwest 1/4 and part of the Northwest 1/4 of the Southwest 1/4, Section 9 of Ease Township. The audience was polled witli no one spea)iing for or against the request. After consideration, motion was made by John Everts, seconded by Randall Kann and unanimously carried, to approve a variance to subdivide a 27,628 square foot parcel (approximately .63 acre) from a 90.61 acre parcel for permanent attachment to an adjacent 23.59 acre parcel owned by Ed Brist with the condition that a registered surveyor's drawing inust be provided at the time of recording. TabledJames Larson James Larson, Jlounds View, JIN, requested a variance of 138’ from the required ordinary high water level setback of 200’ and a variance of 38’ from the required shore impact zone setback of 100’ for the location of existing structures the closest being 62’ from the ordinary high water level. The property is described as Lots £ and 9, Pleasure Point, Fish Lake in Aurdal Township. Clem Hendrickson, Surveyor, appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Fernling and unanimously carried, to table the variance request until the Land and Resource Department has an opportunity to review this development and to allow the Lend and Resource Department an opportunity to make a recommendation to t)je Board of Adjustment as to where the building line should be established given its relationship to the ordinary high water level that has been established by the the Minnesota Department of Natural Resources.The applicant will be rescheduled for a Board of Adjustment meeting after the Land and Resource Department has had an opportunity to formulate their recommendation. Gary Hook - Tabled Gary Hook, Maplewood, MN, requested a variance of 112’ from the required ordinary high water level setback of 200’ and a variance of 12’ from the required shore impact zone setback of 100’ for the location of existing structures the closest being S3’ from the ordinary high water level. The property is described as Lots 1 through 7, Pleasure Point, Fish Lake in Aurdal Township. Clem Hendrickson, Surveyor, appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Fernling and unanimously carried, to table the variance request until the Land and Resource Department has an opportunity to review this development and to allow the Land and Resource Department an opportunity to make a recommendation to the Board of Adjustment as to where the building line should be establish given its relationship to the ordinary high water level that has been established by the the Minnesota Departirient of Natural Resources.The applicant will be rescheduled for a Board of Adjustment meeting after the Land and Resource Department has had a opportunity to formulate their recommendation.