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Home My WebLink About37000990427000_Variances_11-03-2005987710 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/recorded In this office for reco^ on the_E_day of ----------________^2005 atiLii^m)pm 987710 ^ recording^!4 well certincate cojcaer Ey J-iC^ 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 1 I DAYTIME PHONE,^/ \l W/^ M /U ^!sV'7 LAKE CLASSED COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date din dc (7 ■ i Jjd^ PROPERTY OWNER MAILING ADDRESS V. - 7V7 LAKE NAMELAKE NUMBER Ilk —RANGE TOWNSHIP NAMETOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER 17 LEGAL DESCRIPTION TR IN^NW^COR 44.38' OF LOT 39 — TYPE OF VARIANCE REQUESTED (Please Check) ClusterStructure Size____Sewage System Subdivision Misc.Structure Setback SPECIFY VARIANCE REQUESTEDUJm Ucou^ ^ . LUuJ- ^ ^ l/j/- 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. J (D - /J? ~ OS SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) TimeDate Of Hearing Motion Eugene and Tammy Ernst - Denied. (8:40 p.m.) After consideration and discussion, Michael Conlon made a motion, second by Randall Mann to approve the variance as requested noting that the variance as requested would provide the applicants with a reasonable use of there property and would keep the development out of the bluff. Terrain was noted as the hardship for the granting of the variance. This motion failed with Les Estes, Cecil Femling, Paul Larson and Steve Schierer voting no. After additional discussion and consideration, Steve Schierer made a motion, second by Cecil Femling, to deny the variance as requested noting that a reasonable use of this property can be obtained without the granting of the variance as requested and noting public safety concerns with the placement of a dwelling so near to the actual driving surface. Chanfrian/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R bfficial/Date bk 0903-001 315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota November 3, 2005 Page # 5 Eugene and Tammy Ernst - Denied. (8:40 p.m.) Eugene and Tammy Ernst, part of Lots 38 and 39, San Dee Cove Beach, Lake Lida in Lida Township, requested the following: VVe were told to get our road easement taken care of. We were granted permits then denied. We want to stay back 10’ from the road. Variance requested is for 10’ from required 20’ setback to easement road. Jay D. Carlson, Attorney, appeared with Eugene and Tammy Ernst. The audience was polled with the following individuals speaking against the variance as requested: Carol McCamy, Ryan McCamy (also read a letter dated June 30, 2005 see below), David McFarland, Albert C Posz, Marie Posz, and Robert Russell, Attorney, representing David McFarland (also presented a drawing titled “David McFarland Lake Lida Improvements Survey” which was placed in the applicants’ file). The attached letters from the following in opposition to the variance as requested were read for the record and incorporated as a part of the official minutes: Dr. Allan E. and Carol McCamy, David McFarland, A. Conrad Posz and Jennies Nature Preserve, Inc. by Albert C. Posz, Secretary. The above referenced letters were submitted prior to the public hearing. When Ryan McCamy addressed the Board of Adjustment he read a letter written by Bill Kalar, Administrator, and dated June 30, 2005, which after reading he submitted to the Board secretary and has been attached to and incorporated as a part of the official minutes. Mr. Jay D. Carlson, Attorney, submitted to the Board secretary a packet of information which has been attached to and incorporated as a part of the minutes. Mr. Carlson, Attorney, chose to summarize this material instead of having the secretary read the material into the record. Pat Eckert, Land and Resource Management, stated the following for the record: 1. Should the applicant’s conditional use permit for earth moving be approved an additional variance for the retaining wall will be necessary if the retaining wall is in the bluff, and 2. Mr. Terry Lejcher, Department of Natural Resources, has requested that if the Board of Adjustment decides to approve the variance as requested that the Board place the following conditions on that approval: a. No retaining wall and no earth moving in the bluff area, and b. The installed septic system must include both a tank and a drain field. Secretary’s Note - During this public hearing their was considerable public input and discussion regarding the applicants’ requested variance, therefore, instead of attempting to summarize all of the information shared and discussed the Board’s secretary has decided to attach to and incorporate as a part of the official minutes the tape of this public hearing. The tape will be filed with the official minutes and can be listened to during normal business hours. After consideration and discussion, Michael Conlon made a motion, second by Randall Mann to approve the variance as requested noting that the variance as requested would provide the applicants with a reasonable use of there property and would keep the development out of the bluff. Terrain was noted as the hardship for the granting of the variance. This motion failed with Les Estes, Cecil Femling, Paul Larson and Steve Schierer voting no. After additional discussion and consideration, Steve Schierer made a motion, second by Cecil Femling, to deny the variance as requested noting that a reasonable use of this property can be obtained without the granting of the variance as requested and noting public safety concerns with the placement of a dwelling so near to the actual driving surface. * - Minnesota Department of Natural Resources WATERS 1509 r'Avenue North Fergus Falls, MN 56537 (218)739-7576 November 8, 2005 S•o (/)UJ Sf/VATUP?i: Chairperson Otter Tail County Planning Commission Otter Tail Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537 iA Dear Planning Commission: CONDITIONAL USE APPLICATION, EUGENE AND TAMMY ERNST, LAKE LIDA (56-747P), SAN-DEE COVE BEACH, OTTER TAIL COUNTY After reviewing the above issue, may I offer the following comments. As you realize, this site is located at the base of a bluff, that has been essentially clear cut unfortunately. Several tree roots continue to keep the bluff stable, and it is important that water does not run over the face of this bluff. The proposal to install a retaining wall has the potential to impact the stability of this bluff by removing weight at the toe of the bluff. I understand the mechanics of the retaining wall, but I do not feel it is necessary. The existing tree roots are doing a fine job of holding the site together. It would make more sense to me to place a structure on the site without the excavation of the toe of the bluff, if a permanent structure is to be placed on the site. This is a classic example of why trees should not be clear cut on a lake lot. In this case, it makes more sense to grant a variance for structure placement, then to allow excavation of the toe of the bluff. It is also important that on site sewage disposal be adequately addressed without a variance. This is a difficult site at best. My intent is that it would not be made more difficult by un-necessary excavation and that sewage disposal be adequately addressed. Thank you for your consideration of my comments. Sincerelj^ d- — Terrence R. Lejcher Area Hydrologist TRL/ck Larry R. Kramka, NW Region Waters Bill Kalar, OTC Land & Resource Otter Tail County Board of Adjustment c: DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste OTTER TAIL COUNTY PLANNING COI^IViBSSION NOTICE OF PUBLIC HEARING APPLICANT:Eugene & Tammy Ernst 409 Partridge Ave. Glyndon, MN 56547 HEARING DATE/LOCATION: November 16, 2005 at 6:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant): After reviewing observations and opinions from Braun Intertec engineering firm. Strata Corporation proposes to construct a segmented concrete retaining wall as per cross section. Cross section has been reviewed with per Ronald Vickery, P.E. Anchor Wall Systems (cross section available for viewing at Land & Resource Mgt. Office). Retaining wall block units to be 6” x 16” dim with a weight of 78 lbs per unit. The retaining wall is to be approx 10’ in height with reinforced fill. The wall is to have geo textile soil reinforcement, granular fill with drain tile behind wall to improve drainage of slope. The hillside above the proposed wall is to be planted with natural vegetation to improve stability and erosion control. Length of wall is 110’ being approximately 74’ from the lake at its closest point. Removing 299 cy of clay & replacing with 299 cy granular fill. LAKE NAME/NUMBER/CLASS: Lake Lida (56-747), GD E-911 ADDRESS: 26529 Sandee Cove Dr. San-Dee Cove Beach, Ex E 15’ all of Lot 38 & ex tri tr in NW corLEGAL DESCRIPTION: 44.38’ on Ik all of Lot 39, Section 23 of Lida Township . n ** Weather Conditions may change the Hearing date and time. If bad weather occurs, piease iisten to the locai Fergus Fails Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing.__________________________________________ The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING. November 2. 2005Bert Olson Mailing DateChairman Planning Commission 2005/OCT/31/MON 11:16 AM LAND & RESOURCE MANA ■ _________________-2,7 - - Qgg) FAX No. 1 218 998 81 12 P. 00-3 ■ Tax paicsJ Numbd^e) Dfawin9 nVJ$t ba to scale. Drawing ehall idenlify projaot snd Include lAe satbacke to all of the oxrsUng and propceed lotllnee, road nght‘Of-^ay(s), ordineuy.high water levei(s), structurei(8), saptlce .tank(s), drainJielcIfs), b!un(d) & wetland(s)_Mu8t also include all proposed topograpNcal. alterations. r'-io'-o"/7,4? *5^^%imper^rtotfs durfaea ‘>hAAt‘^U>cUt, \ •^\ a :"to* "iD U 'JZ \ .< I :..................-■■■; BK—060S -2,7 - Q~ 1 - ooo Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. n.9 %Impervious Surface 'V°c V.a3 4 D I—> UJ _l Date BK — 0505 322,627 • Victor Lunaeon Co, Printers ♦ Fergus Falls, MN • 1-SOO-346-4370 «I Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Faiis, MN 56537 (218)998-8030/998-8041 Emaii - wstein@co.ottertail.mn.us www.co.otter-taii.mn.us Applicant must be present at the scheduied hearing. To Whom It May Concern: Eugene and Tammy Ernst 409 Partridge Ave Glyndon, MN 56547 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, 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, November 3, 2005 at 8:30 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 Part of Lots 38 and 39 San Dee Cove Beach, Property Address - 26529 San Dee Cove Drive Section 23, Township 136, Range 42 - Tovvnship Name - Lida Lake No. 56-747, Lake Naime - Lida, Class - GD The variance requested is - the following; We were told to get our road easement taken care of. We were granted permits then denied. We want to stay back 10’ from the road. Variance requested is for 10’ from required 20’ setback to easement road. M^ayne Stein Board of Adjustment Secretary Date: October 14, 2005 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 October, 2005 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Eugene & Tammy Ernst, 409 Partridge Ave, Glyndon, MN 56547 Joyce A. Valley, Twp Clerk of Lida, 44072 Outlet Beach Rd, Pelican Rapids, MN 56572 Lida Lake Assoc., % Bob Engelstad, 1506 s. 12*'', Moorhead, MN 56560 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Les Estes, PO Box 358, Battle Lake, MN 56515 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: October 17th, 2005 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud r WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^'^ & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my. property/project (Tax Parcel described in my \lf\^\MCt‘ dated QCTnfeER \?>^ 7.60B . As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of the receipt of the completed Application(s). I understand that in the absence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the property before taking action on my Application(s). # Oiisn 060 Application f^ROPERTY OWNERDATED 11-02-04 Mbowman forms-apps waiver 60 day rule