HomeMy WebLinkAbout08000160124018_Variances_08-03-2000OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that868154
was filed/recorded in this office
for record on the j Q day of
0 2000 at X_L5_am/^^
Wei^y J_dMetcalf, County .Recotder
by: M J ^rocordihoree ^
^ ^well certificate%
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 ***150-0(>
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Application Fee
Receipt Number
T)^ini'el ~P,PROPERTY OWNER DAYTIME PHONE
39SPI. iADDRESS
LAKE NUMBER - 5^^ LAKE NAME A/£LAKE CLASS
Ik m L,SECTION TOWNSHIP RANGE TOWNSHIP NAME
()^-ooo -PARCEL NUMBER FIRE/LAKE I.D. NUMBER
LEGAL DESCRIPTION
PT GL 7 COM SE COR SEC 16 W 1315.7' N 75.5' TO BG N 56 DEG W 157' N 49 DEG W 331' N 35 DEG E 234.9' S 74 DEG E
103.14' S 86 DEG E 157.94' S 455.03' TO BG
TYPE OF VARIANCE REQUESTED (Please Check)
jZ:Structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED
U)
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 & RESOURCE MANAGEMENT REGARDING THIS MATTER.
APPLICANT MUST BE PRESENT AT THE HEARIN(i^^^^^^'ED
JUL 1 0 2000
of?rdpIrt7owner DATESIGNATURE
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
LAND & RESOURCE
August 3, 2000
Page is
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Accepted By Land & Resource
/■■JojDate Of Hearing Time
Motion
Daniel D. Peterson - Approved
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.
lairman/Otter Tail Counly'Board of Adjustment
Per^t(s) required from Land & Resource Management
» Yes (Contact Land & Resource Management)
No
mCopy of Application Mailed to Applicant And the MN DNR
L R iOfficial/Dat
bk 0198-001
291,306 • Victor Lundeen Co.. Pfiniers • Fergus Falls. Minnesota
The National Association tor Home fare
19“ Annual Meeting & HflllEfARKxpo
RECEIVED
NOV 1 2000
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National Association for Home Care
OTC Board of Commissioners’ Minutes
May 23, 2000
Page 4
Discussion - Board of Adjustment Concerns
Citizen, Dan Peterson, expressed concern regarding a variance he applied for to build a garage. The
variance was not granted because there was no hardship shown. Mr. Peterson’s concern is that, in this
case, by applying the law, his garage could be built farther back but would require cutting down many full-
grown trees. He believes that the Board of Adjustment is forcing him to do something that the law is
intended to prevent. Mr. Peterson noted that state law permits variances when the variance is in harmony
with the intent and purpose of the official control. Other issues cited were that Board of Adjustment
members should view all the properties relative to a variance or they should not vote and a simpler appeal
process should be available. Mr. Kalar responded that the appeal process by state rule must go to District
Court; however, other issues cited could be addressed by the County Board through ordinance revisions.
License Applications
Motion by Nelson, second by Lee, to approve the following applications for licenses:
Candace Mobraten
Amor Lounge & Dinner Place
RR2
Battle Lake, MN
Subject to the approval of the County Attorney’s office, the County Sheriffs office and the submission of
the necessary applications and insurance certificates.
On/Off-Sale 3.2 Malt Liquor
On Sale Liquor
Steven Heidenson
Battle View Landing
RR 2 Box 262
Henning, MN
Subject to the approval of the County Attorney’s office and to the approval of the County Sheriffs
office. (New Applicant)
On/Off-Sale 3.2 Malt Liquor
Wine
Jodie Collins
Collins Landing
RR 2 Box 277
Dent, MN
Off-Sale 3.2 Malt Liquor
Bruce Huseth
Conoco Quik-Stop
RR 1 Box 14
Underwood, MN
Off-Sale 3.2 Malt Liquor
Off-Sale 3.2 Malt LiquorRobin Johnson
Lakeland General Store
RR4 Box 111
Pelican Rapids, MN
Daniel Jacob Walvatne
Main Street Gas and Goods
101 West Main
Dalton, MN
Tobacco
On/Off - Sale 3.2 Malt LiquorMarilyn Heit
Wee Villa Lodge
RR2 Box 182
Fergus Falls, MN
Consumption and Display PermitMaxine Laura Woody
1 2.0 /^-----'I^ECEIVED
AUG 1 7 2000
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, w^er-. ^ orcr. frontage, and setbacks from RW, iake, sideyard, sewage system, top of bluff and existing structures. “ ^'tSOURCE
Required impervious surface coverage calcuiation (See definition in Shoreiand Management Ordinance)
Scale:.grid(s) equals .feet, or .inch(es) equals
J-?fS 2,4^6 . onf X 100 =.%
Total Lot Area
(FT2)
Total Impervious
Surtace Onsite
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Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone: (218) 739-2271
Court House
FERGUS FALLS, MINNESOTA 56537
■f
September 18, 2000
Dan Peterson
Rt 1 Box 395
Vergas MN 56587-9789
RE: Variance Request, Bradbury Lake (56-548)
Dear Mr. Peterson,
Please be advised that your request for a minor change to your Variance
(approved on August 3, 2000) was presented to the County’s Board of Adjustment
(BA) on September 14, 2000.
Following discussion, the BA amended your Variance such that your now
proposed 26’x 26’ addition could be built provided no other Variances are needed
and no more than 25% of your total lot area is covered by impervious surface. I
have enclosed a copy of the BA’s September 14, 2000 meeting minutes or your
use.
If you have any questions regarding this matter, please contact our office.
Sincerely,
aJ2S?
Bill Kalar
Administrator
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September 14, 2000
Page 4
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Daniel D. Peterson -/
August 3, 2000 - 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. September 14,
2000 - At this meeting the Board of Adjustment was asked to consider the size of the structure approved
within the motion of August 3, 2000. After discussion and consideration, motion was made by David
Holmgren, second by Cecil Femling and unanimously carried, to remove from the previously approved
motion any reference to the size of the structure so long as no other variances are required for a larger
structure and so long as no more than 25% of the total lot area is covered with imperious surfaces.
With no further business Randall Mann, Chairman, declared the meeting adjourned at 8:50 p.m.
aJ.imj?
Wayne St^n, Secretary
®0209/12/00 15:44 FAX 2183461237 PERHAM HOME CARE
September 12,2000
^Ooo^NoMr. Bill Kalar, Administrator
Otter Tail County Land and Resource Management
Court House
Fergus Falls, MN 56537
Mr. Kalar:
On August of this year we petitioned the Board of Adjustments for, and were
granted, a variance of 55 feet from the required ordinary high water level setback
of 200 feet for the construction of a 20 foot by 26 foot addition with an attached
26 foot by 40 foot garage, 145 feet from the ordinary high water level.
As stated during our phone conversation, we have revisited our addition
construction plan and would like to make some minor changes. The original plan
included a basement under the addition. We have decided against the basement
and wish to increase the size of the enclosed addition to 26 feet by 26 feet. We
would continue to have the 6 foot open front porch. We do not intend to alter the
setback in any manner and will continue to follow the south wall plane of the
house (not the foyer) with the fonA/ard most part of the porch and the garage.
As this alteration does not impact the content of the variance, (lake setback), and
since it does not impact the impervious surfrice aspect of our lot. I hope that you
and the Board of Adjustment will accept this minor change.
Thank you for your consideration on this matter. Please calf me if you have any
questions. I will be waiting for your response.
Sincerely,
laniel Peterson
DP/jkw
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 of 11’ 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 perrriit. 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.
r~MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners’ Room, Floor 1-B
Tuesday, February 1, 2000
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, February 1, 2000 at 9:30 a.m.
at the Otter Tail County Courthouse with Commissioners Virginia Portmann, Chair;
Roger Froemming, Vice-Chair; Syd Nelson, and Malcolm Lee present. Chair Portmann welcomed
Commissioner-Elect, Dennis Mosher, who was visiting the commission meeting and will be sworn-
in next Tuesday to assume his duties as Third District Commissioner.
Approval of Agenda
Motion by Lee, second by Nelson, and unanimously carried to approve the County Board agenda
of February 1, 2000 with the following additions;
Building Committee Meeting - after Board Meeting
Solid Waste Committee Meeting -1:30 p.m.
Approval of Minutes
Motion by Froemming, second by Nelson, and unanimously carried to approve the County Board
minutes of January 25, 2000 as mailed.
Correspondence AcknowledgedCommissioner Nelson presented a letter received from Daniel Peterson regarding issues related to
the Board of Adjustment. Mr. Peterson detailed six specific concerns. Commissioners discussed
each concern and noted that most issues are legal issues that the County Board does not have
authority to change. A letter of response will be written to Daniel Peterson on the specific issues.
Approval of Tobacco Licenses
Motion by Lee, second by Nelson, and unanimously carried to approve the following applications
for license:
Dalton Liquor Store
Dalton, MN
Tobacco
TobaccoLakeland General Store
Pelican Rapids, MN
TobaccoPerham Oasis
Perham, MN
Request for Forgiveness of Penalty and Interest
Motion by Froemming, second by Lee, and unanimously carried to deny the request of Alyce R.
and Solon M. Hill for the abatement of accrued penalty and interest for 1999 on parcel no.
74-000-15-0032-000 in the amount of $91.70. The reason for this request as stated by Alyce R.
and Solon M. Hill does not qualify for abatement under the county's policy nor does the reason
remove the obligation for timely payment of real estate taxes. Additionally, the motion authorized
the acceptance of the amount due by January 31, 2000, so long as that amount is received on or
before February 29, 2000.
• i
January 27, 2000
Syd Nelson
OtterTail County Commissioner
Route 3, Box 486
Sebeka, MN
Syd:
Following are the items we discussed the other day to form a common sense and
reasonable approach to .issues related to the Board of Adjustment.
No rule/regulation should force an individual to do what the regulation
is intended to prevent.
Board of Adjustment members must visit and discuss on site with the
owner (or make a reasonable attempt to arrange such) what the
building plans are prior to the Board meeting and voting. If the site is
not visited the Board member should not be allowed to vote.
Any time a township or greater road is between the lake and the
property lake set back rules are void and road right of way/set back
rules should apply.
No rule or regulation should unduly obstruct an individuals ability to
earn a living or to exercise benefits of duly owned property.
There needs to be some type of recall process Board of Adjustment
members failing to perform the duties of their position.
There needs to some type of appeal process that is fair and at no cost
to the individual making the appeal. This should include the ability to
use the legal system as part of the appeal process and if the property
owner prevails in court the county should bear all costs for the appeal.
1.
2.
3.
4.
5.
6.
I will be contacting towards the end of next week to see what type of response is
received from the Commissioners. Hopefully we will be able to work this out on
the local level.
Thank you for your involvement for and support on this issue.
Daniel Peterson
I
1
C.C.: Senator Dallas Sams
Senator Roger Moe
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Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
PHone: (218) 739-22 71
Court House
FERGUS FALLS, MINNESOTA 56537
June 19, 2000
Dan Peterson
Rt 1 Box 395
Vergas MN 56587-9789
Proposed Addition/Attached Garage, Bradbury Lake (56-548)RE:
Dear Mr. Peterson,
This will Gonfirm our onsite meeting of June 12, 2000 during which we discussed
your future construction plans.
Althou^ it does not appear that your proposal (addition and attached garage) will
adversely affect the lake, a Variance is required from the County’s Board of Adjustment in
order for our office to issue you Site (building) Permit even thou^ a township road
separates yotir budding site from the lake. A Variance is required since your proposed
addition and attached garage would be located less than the required 200’ from the
assumed Ordinary Hi^ Water Level (OHWL) of Bradbury Lake.
In response to your question regarding structure setback from the creek to the east
of your dwelling, I have reviewed our Protected Waters Inventory (PWI) maps. From my
review, I learned that the aforementioned creek is not classified as a Protected Water which
means that there is not a specific setback distance for a structure other than outside of the
creek’s floodplain.
If you have any further questions regarding these matters, please contact our office.
Sincerely,
Bill Kalar
Administrator
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i Zo L 20 feet.grid(s) equals feet, or .inch(es) equalsScalej RECtnVED
JUL 1 0 2000
Dated
Please use this sheet for the required scale drawing of your proposal. Be sure to include lo^iniensi6fi,^ater
frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing structures.
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Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
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Notice.of Hearing,for Variance
OtterTail County Courthouse
,121 West Junius Ave.
Fergus Falls, MN 56537
(218) 739-2271 Ext. 240
Applicant must be present at the scheduled hearing.
To Whom It May Concern:
Daniel D. Peterson
RR 1 Box 395
Verges, MN 56587-9789
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 oh
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
Lot B, Moltzan Survey Lots of Government Lot 7,
Fire # C2803
Section 16, Township 137, Range 41 - Township Name - Candor
Lake No. 56-548,'Lake Name - Bradbury, Class - NE
The variance requested is:
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.
Date: July 14, 2000 ou).Board^ Adjustment Secretary
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
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:
Daniel D. Peterson, RR 1 Box 395, Vergas, MN 56587
Rodney Richter, Candor Twp Clerk, RR 1 Box 40, Vergas, MN 56587
)SS
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, Vergas, 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
: :
HE.NRY c% BEIRTHA E MOLTZAH
E M &, MARIAM IIJOMALA
Rl'i 1 BOX 397
VERGAS, till 56587-9790 12627 SHERWOOD PL
rilHHETOHKA, tlfl 55343-2443
E CRAIG &■: JOAMHE C PROEHL
BARBARA A JOHNSOf4 ET AL
2215 19TH ST S
MOORHEAD, MH 56560-5846 2308 i8TH ST S APT D
FARGO, HD 58103-5139
DOROTHY CAREY DUAflE J1 & MARIE A FILLIP I
801 13TH ST H
MOORHEAD, MM 56560-2145 148 5TH ST S
WARREN, MM 567'62-1506
GERALD D &. DOREEN A RICHARD DANIEL &. DENISE PETERSON
49143 CANDOR HALL WAY
VERGAS, MH 56587 RR 1 BOK 395
VERGAS, MN 56537-9789
BEULAH G KNUTSON & P A NELSON RALPH &: WILMA A RICHTER
418 FRANCIS ST
WEST FARGO, HD 58078-1623 RR 1 BOX 394
VERGAS, MH 56587-9789
JAMES J MCELHANY CHERYL RICHTER
2532 CYPRESS' S
Sioux CITY, IA 51106 896 WYNOOCHEE VALLEY RD
MOHTESANO, WA 98563-9737
♦
V .
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # Hoorfotj-
was filed/recorded in this office
for record on the /9 day of
Arf 1999 at ZZl22ami(^
Weridy L. Metcalf, Cpunty Recor^r
by: Di^Sfy
853936
Irecording fee
well certificate
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 ***<r->0Application Fee
/ -hoSogReceipt Number
~T)cr H {n^nPROPERTY OWNER DAYTIME PHONE
ADDRESS
AJ t.LAKE NUMBER LAKE NAME ____LAKE CLASS
Ik.mSECTIONTOWNSHIP RANGE TOWNSHIP NAME
-066 - f)i^PARCEL NUMBER FIRE / LAKE I.D. NUMBER
U>-r) (4 a-L-lLEGAL DESCRIPTION
1
TYPE OF VARIAI^E REQUESTED (Please Check)
structure SizeStructure Setback Sewage System Subdivision Cluster Misc.
SPECIFY VARIANCE REQUESTED
4
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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 & RESOURCE MANAGEMENT REGARDING THIS MATTER.
c SIGNA PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DateFTime Of Hearing)
SCANNED
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^A/ 9-/^-*^9Accepted By Land & Resource
L & R Official/Date
99 7Date Of Hearing /o- ✓'V Time
Motion
Daniel Peterson - Denied
Motion was made by John Everts, second by David Holmgren to approve a variance of 86’ from the required ordinary
high water level setback of 200’ for the construction of a 26’ by 40’ garage 114’ from the ordinary high water level.
This motion failed with Cecil Femling, David Holmgren, Randall Mann, Bert Olson and Mark Steuart voting no. After
additional discussion and consideration, motion was made by Randall Mann, second by Mark Steuart and
unanimously carried to deny the variance as requested for the relocation of an existing 20.5’ by 22.5’ storage shed as
no adequate hardship had been shown unique to the property that would allow for the granting of the requested
variance.
Chaiman/Otter Tlail County Board 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 Lufideen Co.. Printers • Fergus Falls. Minnesota
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Print Key Output Page 1 10/19/99 12:18:075769SS1 V4R4M0 990521 OTTER
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User ....
InquiryAdditional Legal LinesTC906D 30 T56 ACS Tax System Bill No. Parcel No.
R 08000160124018
NameDANIEL & DENISE PETERSON 052401999t
Book/Page PT GL 7 COM SE COR SEC 16 W 1315.7' N 75.5' TO BG N 56 DEG W 157' N 49 DEG W 331' N 35 DEG E 234.9103.14' S 86 DEG E 157.94 455.03' TO BG
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1 S 74 DEG.E 1 s
Action?
1
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Notice of Hearing for Variance
Otter Tail County Courthouse
121 West Junius Ave.
Fergus Falls, MN 56537
(218) 739-2271 Ext. 240
Applicant must be~ present at the scheduled hearing.
To Whom It May Concern:
Daniel Peterson
RR 1 Box 395
Verges, MN 56587
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, October 14,1999, at 7:30 p.m.j
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-isHegally.;described.as
Lot B, Moltzan Survey Lots of Government Lot 7,
Fire# C2803
Section 16, Tovimship 137, Range 41 - Township Name - Candor
Lake No. 56-548, Lake Name - Bradbury, Class - NE
The variance requested is:
a variance of 86’ from the required ordinary high water level setback of 200’ for the construction of a 26’ by
40’ garage 114’ from the ordinary high water-level and a variance of 80’ from the required ordinary high
water level setback of 200’ for the relocation of an existing 20.5’ by 22.5’ storage shed 120’ from the
ordinary high water level.
Date: September 17,1999 meBoard of ustment Secretary
■r
OTTER TAIL COUNTY
Fergus Falls, Minnesota.t -^1,»
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment fpr Otter Tail County, Minnesota, do hereby
certify that on the 20th, day of September, 1999 the attached Notice of Hearing for Variance was duly
served upon the individuals listed belbw and/or included in the attachment:
Daniel Peterson, RR 1 Box 395, Verges, MN 56587
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, DNR1221 1/2 E. Fir Ave., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmoht Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
David H. Holmgren, RR 1 Box 188B, Henning, MN 56551
John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492
Cecil B. Femling, 13 6th St. NE, Pelican Riapids, MN 56572
Randall Mann, 532 N: Ann St., Fergus Falls, MN 56537
Bert Olson, RR 3 Box 5, Battle Lake, MN 56515
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: September 20,1999
Wayne Stein, Secretary ;
Otter Tail County Board of Adjustment
By:
Vi Manderud
JAMES J MCELHAHY
2532 CYPRESS S
S'lOUK CITY, IA 51106
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12627 SHERWOOD PL
MIHMETOMKA, MN 55343-2443N0S13H V d ^ TIOSIONM O HVJnSQ
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BARBARA A JOHMSOH ET AL
2308 18TH ST 3 APT D
FARGO, HD 58103-5139OaVHDiy V H33HOG -3 0 03V>J3D
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DUAHE M &. MARIE A FILLIP I
148 5TH ST S
WARREN, MN 56762-1506A3av3 AHioaoa
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S IS H16T etcS DAMIEL &: DEMISE PETERSOH
RR 1 BOX 395
VERGAS, MM 56587-97893H303d D 3NNVOr ^ DlVaO 3
0616-19993 NW 'SVDH3A
ICC X09 T MH
RALPH & WILMA A RICHTER
RR 1 BOX 394
VERGAS, MN 56587-9789Nvznow 3 vHiy3a y ahnsk
CHERYL RICHTER
896 WYNOOCHEE VALLEY RD
MONTESANO, WA 98563-9737
OTTER TAIL COUNTY TG670RACS Tax System 09/22/1999 12:31:47 Freeform Image Print
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Report Selection:
Freeform Type : U
Freeform Number: 61 LABELS
Length: 6 Width: 35 Multiples:
Select Model: 95 Sort Model: 127
Paper: LBL
Run Time Changes: N
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Summarize Keys: N Use Current Taxpayer: Y
SELECT MODEL 095 SELECT UP TO 300 PARCELS
PAYABLE YEAR ROLL TYPES PARCELS
2000ALLR 08000160124000 R 08000160124007 R 08000160124008 R 08000160124009 R 08000160124010 R 08000160124011 R 08000160124013' R 08000160124014 R 08000160124015 R 08000160124018 R 08000160125000 R 08000210162000
SORT MODEL 127 LAND&RESOURCE SORT AS IS
Run Instructions:Jobq Banner Copies Form Printer Hold Space L CNELSON LPI Lines CPI 6 066 1001PIYS
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‘ Page 4
October 14, 1999
Daniel Peterson - Denied
Daniel Peterson, Verges, MN, requested a variance of 86’ from the required ordinary high water level
setback of 200' for the construction of a 26’ by 40’ garage 114’ from the ordinary high water level and a
variance of 80’ from the required ordinary high water level setback of 200’ for the relocation of an
existing 20.5’ by 22.5’ storage shed 120’ 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.
The audience was polled with no one speaking for or against the request. After consideration motion
was made by John Everts, second by David Holmgren to approve a variance of 86’ from the required
ordinary high water level setback of 200’ for the construction of a 26’ by 40’ garage 114’ from the
ordinary high water level. This motion failed with Cecil Femling, David Holmgren, Randall Mann, Bert
Olson and Mark Steuart voting no. After additional discussion and consideration, motion was made by
Randall Mann, second by Mark Steuart and unanimously carried to deny the variance as requested for
the relocation of an existing 20.5’ by 22.5’ storage shed as no adequate hardship had been shown
unique to the property that would allow for the granting of the requested variance.
Keith and Elizabeth Keller-Approved with conditions.
Keith and Elizabeth Keller, Minneapolis, MN, requested a variance to subdivide a 1.5 acre parcel from
an existing 6 acre parcel for the purpose of conveyance to and permanent attachment to Lots 24 and
25, Beauty Shore Summer Resort and also, a variance that would allow the remaining 4.5 acre parcel
to be considered a separate buildable lot for residential development. The property is described as a
six-acre tract in Government Lot 4, Section 20 of Girard Township by West Battle Lake. Leonard and
Diane Krolak represented the applicants at the public hearing. The audience was polled with no one
speaking for or against the request. After consideration motion was made by Randall Mann, second by
David Holmgren and unanimously carried, to approve the variances as requested, both the proposed
subdivision and the remaining 4.5 acre parcel as a separate buildable lot, with the following conditions:
1. a registered surveyor’s drawing rnust be provided,
2. the 1.5 acre parcel must be permanently attached to Lots 24 and 25, Beauty Shore Summer
Resort,
3. the area within this parcel cannot be considered when the impervious surface coverage is
calculated for front lot development, and
4. no residential dwelling structures can be placed on this parcel.
It was noted that the intended use of this additional property is to prevent lot congestion , provide space
fora garden and orchard, provide access for a driveway to the township road should the currently used
and privately maintained road become impractical to use and to provide additional space for the
location of a septic system.