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Home My WebLink About08000150096001_Variances_08-03-2000d-3-^i>oa S't£3E5J""”» I hereby certify that this instrument # was filed/recordedSTthisoffi^^^ -----------------.well certificate 868153 .am|^ izOepyfy THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK***/SO,Application Fee Receipt Number ^ BracJ I 1>L Kl;HU Oriu^ AJ. Dck. SSo4? !-^O}-ZSZ-SJooPROPERTY OWNER DAYTIME PHONE ADDRESS L r t <J mLAKE NUMBER LAKE NAME ____LAKE CLASS 4/__TOWNSHIP /3 7 RANGE feZ 7 C ‘A sw'h ll'sE. 'u^.57/ 15SECTION TOWNSHIP NAME PARCEL NUMBER FIRE / LAKE I.D. NUMBER J t4e -S'fT of SU> ^ Less SouLA of Scx.g 5"^/^ c>f , a// oHerf<Ki L Coo>nt LEGAL DESCRIPTION 6oot Lot 7 2o CLCr&S s-eo. /s-^ Tu7/> /J7 , 41 TYPE OF VARIANCE REQUESTED (Please Check) structure Size Y Sewage System___ Subdivision___ ClusterStructure Setback Misc. SPECIFY VARIANCE REQUESTED f p ea. k £>f S /i e.J( CLp preSe-i^f L o/ker- j)ea.K iA'leaSor^S i~o ^ 0 SeJ^ clS /s-A<^/i^/y kifle^r-/O lii({l\ , ounj Su I Id I ik/ 5 />ectfc IBZ" fo H ~ ^ ' -fo ^roOf^J . f>o/\/<=-/re /lo €q S ty' Tte SoCcc <Z>^d o U/.O. ft.5a. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCEMANAGEMENT REGARDING THIS MATTER. 7-7- .ggoo. /SIGI^URE 0¥ APPLIC) PROPERTY OWNER 9t^2NED ANT MUST BE PRESENT AT THE HEARING JUL 1 0 2000(Applicant Will Receive Notification As To The Date/Time Of Hearing) LAND & RESOURCE 93-00 a 06' ooo -ooo ^O'Ooo /(Td'CrDd August 3, 2000 Page 14 Accepted By Land & Resouro L & R Official/1 3Date Of Hearing TimeOCtY) Motion Bradley J. Gibb - Denied Motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to deny the variance as requested as the granting of the variance would not be consistent with prior action of the Board of Adjustment and no adequate hardship had been shown that would allow for a variance from the maximum allowable height of a water oriented accessory structure. CtTairman/Otter TaihCa •card of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No l/R Official/Date Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291.306 • Victor Lundaon Co. Priniars • Fergus Falls. Minnesota received 1 0 2000 land & RESOURCE 4922 Klitzke Drive Horace, ND 58047 August 8, 2000 Mr. Tim Griep Land and Resource Management Ottertail County Courthouse Fergus Falls, MN 56537 Dear Mr. Griep: 1 am writing this letter to address what I perceive as an improper variance process being perpetrated on an unsuspecting public in Ottertail County. 1 spoke with the Land and Resource auditor yesterday and was told no height variances for water oriented structures have been granted since 1991. In other words, I stood a zero chance of success yet my $ 150.00 was accepted. My wife and I entered the variance process in good faith believing we would receive a fair and impartial hearing. We allotted part of our busy schedule to partake in what was, in my opinion, a charade. Minnesota Law defines fraud as paying for a service and receiving no consideration in return. Although I know this was not your intent, I believe the treatment we received that evening comes close to meeting that definition. Since I paid for a service and received no consideration in return, I am requesting a refund of my $150.00 application fee. Very truly yours. Bradley Gibb 701-282-5900 (work) 701-588-4313 (home) received AUG - 7 ?000 4922 Klitzke Drive Horace, ND 58047 August 4, 2000 land & RESOURCE Mr. Tim Griep Land and Resource Management Ottertail County Courthouse Fergus Falls, MN 56537 Dear Mr. Griep: On August 3, 2000 my wife and I were rejected in our request to receive a height variance of 16 inches for our shed. It is our belief we were treated unfairly and our request was not given proper consideration. The board member to our right began the proceeding by stating our request would have no effect on anyone, which is true. There was no opposition from any neighbors. The board member to our right, stated he was unable to find the property yet voted against us sight unseen. When Nordic Electric Company was granted a variance ahead of us, did he prove a "Hardship"? Did Nordic Electric's request have "monetary considerations"? Yet both these "Litmus Tests" were used against us. The chairman, Mr. Mann, stated there was no opposition by neighbors now, but I might subdivide later. Due to the lay of the land and the extensive wetlands in close proximity to the lake, it would be impossible to subdivide. When I closed on the property, I agreed voluntarily in writing to the State of Minnesota that I would allow "in perpetuity" to keep the wetlands forever intact for future wildlife propagation. It was stated the board could not grant the variance because another applicant was rejected when asking for 12 feet and where would they draw the line? It is my belief that each variance must be reviewed based on its individual merits, characteristics, impact and opposition voiced by all individuals involved. To do otherwise is, in my opinion, taking money under false pretences. I am requesting you reconsider your decision, reschedule a vote on my application and grant my variance. Very truly yours. Bradley Gibb 701-282-5900 (work) < 701-588-4313 (home) -AGENDA- OtterTail County Board of Adjustment Thursday, August 3, 2000 (Note Meeting Time) TownshipName Lake/River Fire# Meeting open to the public.6:30 p.m.Minute - July 13, 2000 Otto- Sec. 30 Tordenskjold - Sec. 27 Edna - Sec. 31 Tordenskjold - Sec. 33 Candor - Sec. 15 Candor-Sec. 16 Chad Krause Joan Frerk-Thompson Richard Wieler Nordick Electric Bradley J. Gibb Daniel D. Peterson Rush (56-141) Stalker (56-437) Pine (56-384) Stalker (56-437) Trowbridge (56-532) Bradbury (56-548) SL358 PL1 31375 C2803 7:30 p.m. United Sportsman Club Franklin Fisher David & Carol Place Jeffrey & Judy Lopez Bruce Bopp Tom & Virginia Kueppers Dead Lake - Sec. 27 Lida - Sec. 28 Eagle Lake - Sec. 11/14 Hobart-Sec. 7 Everts - Sec. 6 Hobart - Sec. 21 Dead (56-383) Lida (56-747) Eagle (56-253) Scalp (56-358) Deer (56-298) Rose (56-360) DL78 ** S488 723 E4984 * * *** 2120 8:30 p.m. Mark & Kim Kurtz Michael C. & Delvin Menze Dale Otto TJaden Carol Macklanburg Otter Tail - Sec. 26 Leaf Lake - Sec. 31 Aurdal - Sec. 29 Compton - Sec. 14 Rush (56-141) 178224 NA **** Otter Taill (56-Ord)***** C378NA Tabled: Chris Mickman Tom Mielke State of Minnesota St. Olaf - Sec. 2 Dead Lake - Sec. 34 Girard - Sec. 18 Long (56-390) Dead (56-383) Emma (56-194) Island ** *Quiet Waters Rd and County Rd. #54. “House Number 24473. “‘House Number 34284. 1 mile west of intersection of County Road 61 and County Road 132 (railroad borders east property line.) Adjacent to 23897. **** ***** August 3, 2000 Page 3 Bradley J. Gibb - Denied Bradley J. Gibb, Horace, ND, requested a variance of 1’ 4” from the 10’ maximum allowable height of a water oriented accessory structure for the placement of a water oriented accessory structure having a maximum height above the ground level oM 1 ’ 4”. The property is described as Government Lot 7 and part of the Southeast Quarter of the Southwest Quarter, Section 15 of Candor Township by Trowbridge Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to deny the variance as requested as the granting of the variance would not be consistent with prior action of the Board of Adjustment and no adequate hardship had been shown that would allow for a variance from the maximum allowable height of a water oriented accessory structure. Daniel D. Peterson - Approved Daniel D. Peterson, Verges, MN, requested a variance of 55’ from the required ordinary high water level setback of 200’ for the construction of a 20’ by 26’ addition, with an attached 26’ by 40’ garage, 145’ from the ordinary high water level. The property is described as Lot B, Moltzan Survey Lots of Government Lot 7, Section 16 of Candor Township by Bradbury Lake. A letter from Bill Kalar addressing the applicant property was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren and unanimously carried, to approve a variance of 55’ from the required ordinary high water level setback of 200’ for the construction of a 20’ by 26’ addition, with an attached 26’ by 40’ garage, 145’ from the ordinary high water level. It was noted that the applicant’s proposed project will be no closer to the ordinary high water level than the existing structure. Hardship is the terrain of the applicant’s property. United Sportsman Club - Approved United Sportsman Club, C/0 Joseph Hauck, West St. Paul, MN, requested a variance to replace roof on existing mobile home being approximately 20’ from the lake (new roof will be 48’ by 12’ in size) without pursing a conditional use permit. The property is described as Government Lots 3 and 4 and the North Half of the Northeast Quarter, Section 27 of Dead Lake Township by Dead Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by David Holmgren and carried with Randall Mann voting no, to approve the variance as requested. It was noted that the granting of the variance would allow the applicant the ability to protect his property and the ability to use and enjoy his property. It was also the opinion of some members of the board that removing the mobile home would have a greater impact on the shore and the minor bluff than allowing the repair of the existing structure in its present location. Franklin T. Fisher - Approved with modification. Franklin T. Fisher, Fargo, ND, requested a variance of 4’ from the required side lot line setback of 10’ for the placement of a 576 square foot addition approximately 6.5 to 7’ from the lot line. The property is described as Lot 6, Matson Survey Lots of Government Lots 2 and 3, Section 28 of Lida Township by Lake Lida. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Richard Sha and unanimously carried, to approve a 4’ variance from the required side lot line setback of 10’ for the placement of a addition 6’ from the lot line. It was noted that the neighbor’s structure is approximately 60’ away from the applicant’s structure, the proposed addition is behind the string line and the building line and it is out of the shore impact zone. Hardship is a substandard lot of record and the topography of the applicant’s lot. 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 17th, day of July, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Bradley J. Gibb, 4922 Klitzke Drive, Horace, ND 58047 Rodney Richter, Candor Twp Clerk, RR 1 Box 40, Verges, MN 56587 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 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 Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Richard Sha, RR 1 Box 83, Verges, MN 56587 Mark Steuart, RR 1 Box 82, Richville, MN 56576 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: July 17th, 2000 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Fails, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Bradley J. Gibb 4922 Klitzke Drive Horace, ND 58047 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. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 3, 2000, at 6:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 Government Lot 7 and part of the Southeast Quarter of the Southwest Quarter, Fire# Section 15, Township 137, Range 41 - Township Name - Candor Lake No. 56-532, Lake Name - Trowbridge, Class - RD The variance requested is: a variance of 1 ’ 4” from the 10’ maximum allowable height of a water oriented accessory structure for the placement of a water oriented accessory structure having a maximum height above the ground level of 11' 4”. Date: July 14, 2000 Board ofndjustment Secretary ■ pv,.—.. 'V ■ ‘•*North Mno of : 1. • r »ru 1 v.'l T-'Gov t U>t 7 i'■'I'-Sfdiofl J5-/37-4/ {Vi .*.i ; . ! V 1 1 /• « 5 only} t 7l^I •T*-: I :■i' ■^ 9 r /\ ; : M A.»* •\ :i7^• hJ*.9^ -is,»r-Tr # L I /j rr 7^•r t ' ■.4i'^' ■■■V VlClNtTY MAP S&QtJon l^~l3J-4l (Fgr PHrp95«s Q(^yJ N .iRTIFICATg OF SURVEY ' IN SECTION 15-137-41 : reft T/l/L COUNTY, MINNESOTA X ^\ V ■ r-IWkst Him ot *■— Gev'l Lot 7 .Soetlon tM7-4l \\o graphic IQO *ed* goo K IIu>v:><timIRECEIVEDn■H k9■ ■ JUL 1 0 ZOOO <Z1 East lino ot Gov't Lot 7 ■— Soction Z5-/37-4/ M ILAND & RESOURCE I N.54.8 Acres, more or less (includes land inundated by iO r'to <jroiin<JI P a.,I f€(xK /ne^^u^reS • t ,+ Lo c^v'f 10 aJ ‘c^i'LL 9" ^ooo OTTER TAIL COUNTY LAND &. RESOURCE MANAGEMENT (218) 739-2271121 W. JUNIUS, FERGUS FALLS, MN 56537 April 20, 1998 Brad Gibb 4922 Klitzke Dr. Horace, ND 58047 RE: Storage Shed in GL 1', Sec 15 of Candor Twp, Leek Lake (56-532) ’A' Dear Mr. Gibb: I am writing to confirm our phone conversation of April 17, concerning the location of your storage shed, shed is located less than the required 30' bluff. 1998 As I indicated, the from the top of the If you move the shed as you indicated during our conversation, it. will then comply with the bluff setback requirement. Please relocate this shed before May 15, 1998. Sincerely, Kyle ^^tergard Inspector Oea^r UJester^arJ ^ of JcL-fc ^ 'fhc sl\cJ k The cLcecK. H\e. Icxlce. Sifc. IS acce pjc^lol^ -f Rll permit r^ioccifeJ sl\eJ offsrt^ i\J Un I LiU jyee-n Ce Jcxraj'tJ. Her/iccf^ P»'// yroije <xs S' fckkej O ty'T ^ ^ /^/ease rVai I <^n ^ me ^o me. ' 5b / Co. A tU house., l^er L^our JI'r^csf>'ue^ ^f Cocee, / UTYs KlltzTe Onoe. iiorcLce. AJ‘ f ffpv f Lot 7 SacUon I5~tli7^4 •}. /S;" •:3 /Vv.:.-,/;:•r :,*. • • »'■ -'; • ' t.V: ■b '\ .■': V ■• . :c.. !v -J,1 ., ■ D3 • f I fTW«ai‘ .••• I^XSO k7c -fe. Idc- "1 I /r \1 y* \ ii .• ./\0^ ^ \V \ i 1\ W^$t Nn« ot - GM'I Lot 7 1\Soetlon /5>/37~4/ Iv—-- /}rviJ: P<d lo! Lc^mJ ^ ^sooTc.^rv . \oT iVy) .or RECiiVED /PR T\1S98 I/ND & RESOURCE. : ^ ^ ^<=res, more or -' land inundaU Ftomi i /- 70^-. 'Z'S2'S‘foo .............- '. { -.\- ■• ’r. -i', •DMI ^SNOS 9 aaiD xaaaoa 6T80 T82 T'Oi XVJ tt:OT 3lU 86/iO/tOTOO® t r Gm t Lot 7 Soolion ,/5-/37-^/..■ ■ , #//<0 ■ ,.■ •' , 1 •_ . .• * ' ■■ ■' s. '■'i-.' ■'\ • /// />? . " 7 y h ■; •: ■ '.V / ■i:--J ■ ■ »'.0J- * ■,: / / .S k.Si . rs . ^ . ,•■ i i. • l%nt*'..C7. ;. ■ ';•■ '\wreceived 1 / i 53S8 -4:AND& RESOURCE 'v 1 \ \“1 sS .1 /\r ■*A y\> ’A*\ \ >/ /y V ■ :y^^AV.. • -* .AA V IWost ffrier of ‘ Gdv't Lot 7 Sactlon /5-»37-4l I\ ■ /. \ ■ ;'\ . . V \ A y :■. \ ^ V ...j^rr/J: n^r. 7i^ Gn'^p j, ^esoorc^ dr^j g.'LL - '■:'■■■ h70(- 'Z^2-'S^oo NO • X*oa pTom # / ■> , ; ■x;: '!.i 54.8 Acres, more or * ‘ 'k. /k : Y^ ':^(ihckides land inundaft eieo uz joi yvj zo:9T iiHi 86/so/co • TOO® ■ .■\ X,' . ..•ONI ^sNos 9 aais xHaaoa '..if ' =' ’ ■ . Gov t Lot 7 SecZ/on 15-137-41. *' • »- w ; • / nECElWED 5 1998 & RESOURCE /FEB J*40 /-}»/ >y/«0 ./. _ ^\i / 03 Z_I*^ -^“xO f«>l/ V * (d([?\o <'v\ [T<9ZV\ ' /?-TT/l/! UJ^Ljn^ lanJ ^ ff^^oorc^ ^Cj4[i~, \ vX X / <f/ # \<5^ ( r l!\\\ /\ 0^ I! V I \ !/ I \ I, ./,-. \V ^ I\V!of ^ \ <-l37-4l \ i-J / \ • S' ^ ^ KV /9 A 54.8 Acres, more or less (includes land inundated by ---------------1 i_ - j* ■ *