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Home My WebLink About07000990243000_Variances_06-12-2014Variances 2 Barcode 128 Date Stamp L&R Initial RECEIVED(#\ APR 2 8 2C:i LAND & RESOURCE DOC# 1144875 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: June 17, 2014 10:00 AM Brian Armstrong, Recorder Returned To: LAND & RESOURCE 1144875 Fee: $46,00 Well Certificate [ ] Rec'd By: NDB THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee. COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date PROPERTY OWNER DAYTIME PHONE 7^ 3 ~ 55^ ' 7^ 7”7 MAILING ADDRESS I ^ L’^ P* V| yjS^H 2^ LAKE NUMBER ^(o ' ^ LAKE NAME IB g- lA LAKE CLASS A/ ^ SECTION 1 8 TOWNSHIP. _RANGE, _TOWNSHIP NAME iB U "t 1 g R. PARCEL ^ ^NUMBER 0700O 7^^ 2.V ^ OOP E-911 ADDRESS S’ I T ro LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size____Sewage System____Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ~ ^^ - X- u . - \ :2 -:> -C-H Po'-e r t t 1. , i/v-Vro*vs (3>^rtv/^ S<tb«cl^ 13$ mnrK (K«i^vaeiy«,A+ iszoo.j 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. SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) i SCANNED 345,194 • Victor Lundean Co , Printers • Fergus Falls, Minnesota Date Of Hearing >UAU>Time ^ /f />9 Motion Charles and Gail Smith - Variance application approved as modified. (6:37 p.m.L After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and unanimously carried, to approve the placement of the proposed development (either a 24’ by 40’ or a 24’ by 36’ structure) 20’ from the road right-of-way and extending no more than 24’ toward the ordinary high water level. It should be noted that the approved setback from the ordinary high water level is the distance between the approve location and the ordinary high water level (this footage was not certain at the public hearing as the actual ordinary high water level had not been marked). The hardship/practical difficulty is a substandard lot of record. It was noted that the proposed structure will be no closer to the ordinary high water level than other similar structures in this immediate neighborhood. Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR _ L R /bfficial/Date bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 12, 2014 The Otter Tail County Board of Adjustment met Thursday, June 12, 2014, with the following persons in attendance: Michael Harris Paul Larson Thomas Lee Steve Schierer Ward Uggerud David Wass Denise Gubrud, Land and Resource Management Bill Kalar, Director - Land and Resource Management (Pro’s Properties LLC Hearing) David Hauser, County Attorney Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the May 8, 2014 meeting as mailed. The Board of Adjustment considered the following applications for variance: Paul E. Lindholm - Variance application approved as requested. (6:32 p.m.) Paul E. Lindholm, part of Government Lot 3, Section 14 of Maine Township by Pickerel Lake, requested the following; I need variance to allow me to deed 2263 square feet (.05 acre) to the adjacent property owner to correct his building encroachment on my lot. This leaves my parcel with 2.59 acres and I request that this remains a buildable lot. Existing parcel (38-000-14-0094-004) is 2.7 acres. Request to split and permanently attach .05 acre to 38-000-14- 0094-009 retaining 2.59 acres. This corrects the encroachment of a garage and brings it into compliance with lot line setbacks. Request both parcels to be considered buildable for residential purposes. Alan and John Olson appeared with and represented the applicant at the public hearing. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision of Parcel 38000140094004 and the permanent attachment of this subdivision to the adjacent lot (Parcel 38000140094009) as stated in the variance application dated May 2, 2014 noting that both lots, after the subdivision and attachment, will remain buildable for residential purposes. The proposed subdivision does not negatively impact either lot and will resolve an encroachment issue. It was also noted that the approval is consistent with past actions of the board. Charles and Gail Smith - Variance application approved as modified. (6:37 p.m.) Charles and Gail Smith, Lot 3 Block 1 Bear Lake Haven Retreat, Bear Lake in Butler Township, requested a variance of 67’ from the required ordinary high water level setback of 200’ for the placement of either a 24’ by 40’ or 24’ by 36’ pole barn 133’ from the ordinary high water level. The audience was poiled with no speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and unanimously carried, to approve the placement of the proposed development (either a 24’ by 40' or a 24’ by 36’ structure) 20’ from the road right-of-way and extending no more than 24’ toward the ordinary high water level. It should be noted that the approved setback from the ordinary high water level is the distance between the approve location and the ordinary high water level (this footage was not certain at the public hearing as the actual ordinary high water level had not been marked). The hardship/practical difficulty is a substandard lot of record. It was noted that the proposed structure will be no closer to the ordinary high water level than other similar structures in this immediate neighborhood. Daniel and Tonya Zierden - Tabled (6:42 p.m.) Daniel and Tonya Zierden, part of Government Lot 3, Section 31 of Maine Township by West Lost Lake, requested the following; 1. Lot to be declared buildable for residential and non-residential structures. 2. 125’ variance for setback from the ordinary high water level for structures. Being 75’ back from ordinary high water level, required setback is 200’. 3. 100’ variance for septic from ordinary high water level. Being 50’ back from ordinary high water level, required setback is 150’. SCANNED 't SCALE DRAWING FORM 0lOOOH^OZ,H3000 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.. .... / gr/0 =/’> Z, ZilUe . ..I. Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) ..................... - IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Structure(s): . Ft2 Deck(s): Driveway(s): Patio(s): Sidewalk(s); Stairway(s): Retaining Wall(s): Landscaping: (Plastic Barrier) Other: TOTAL IMPERVIOUS SURFACE: LOT AREA: Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 Ft2 *2- W 3 2.Ft2 TOTAL IMPERVIOUS SURFACE ^ = 0,0 LZ2.il 0, 2,Z--Z->l(g LOT AREA IMPERVIOUS SURFACE RATIO % ■ S f rf" , ■ ■ , ^ •• ■■ 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.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Charles and Gail Smith 5115 Cottonwood Ln Plymouth, MN 55442 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 12, 2014 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 Lot 3 Block 1 Bear Lake Haven Retreat, Property Address - 51720 500*'’ St. Section 18, Township 137, Range 37 - Township Name - Butler Lake No. 56-69, Lake Name - Bear, Class - NE The variance requested is - a variance of 67’ from the required ordinary high water level setback of 200’ for the placement of either a 24’ by 40’ or 24’ by 36’ pole barn 133’ from the ordinary high water level. Date: May 23, 2014 Wayne Stein Board of Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) County of Otter Tail) )SS I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 27th, day of May, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Charles & Gail Smith, 5115 Cottonwood LN N, Plymouth, MN 55442-2230 Bonnie Hintzman, Twp Clerk of Butler, 47530 County Highway 67, New York Mills, MN 56567 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 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 David Wass, 29133 260**’ St, Underwood, MN 56586 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 27, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:■ \jx CVVi*r Vi Manderud SCMIHED BRENT D BALKEN 2150 5TH AVE E WEST FARGO, ND 58078 2321 NORMAN & LUELLA BREITENFELDT 50131 515TH AVE MENAHGA, MN 56464 2269 GREGORY A & CINDY L HUWE 48260 COUNTY HIGHWAY 67 NEW YORK MILLS, MN 56567 9405 STEPHEN & SANDEE NIESON 13509 PARKWOOD LN BURNSVILLE, MN 55337 4100 TRAVIS R RAPATT 46282 575TH AVE NEW YORK MILLS, MN 56567 9430 ROGER W & SHERYL M ROBIDEAU 51800 500TH ST MENAHGA, MN 56464 2250 CHARLES & GAIL SMITH 5115 COTTONWOOD LN N PLYMOUTH, MN 55442 2230 SCANNED