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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify
this instrument # ^
1069201
was filed/recorded in this office for record on the 12-li^ Hay of
20 IQ at
corder
Deputyrh^ rprnrriinj foo
--------------------well certificate
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
REGE^VE.'
DEC 14 2009
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.usLANCii RESOURCE
Application Fee
Receipt Number I ^
^ Accepted By / Date '
yp 0/^/^/U^______DAYTIME PH0NE~7(J/~7/^ ^ ^
COMPLETE THIS APPLICATION IN BLACK INK
PROPERTY OWNER
MAILING ADDRESS
LAKE NUMBER LAKE NAME LAKE CLASS
W A/aJ!3V ^11SECTION TOWNSHIP RANGE TOWNSHIP NAME
3^^"f7oSo^ooo 3‘R^O^ /^^/CdUuIcicf jQPARCEL
NUMBER
E-911
ADDRESS
LEGAL DESCRIPTION ^07^:^ 3/70Mi<JdOO S/ia^£s
TYPE OF VARIANCE REQUESTED (Please Check)
structure Size X Sewage SystemStructure Setback Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
baJQ£0£BZ7
7//yd3 hAJO £>0^c£aJ^aJ^
PhrsD
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 &
RESOURCeWIANAGeMENT REGARDING THIS MATTER.
/A/zA/Af
SIGNATURE OT PROPERTY OWNER / AGENT FOR OWNER >t)ATE '
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
%
As'o /°/n-/ - /o 'Date Of Hearing Time
Motion
Brad and Helen Nelson - Approved the variance application as requested with a condition. (6:50 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve
the variance as requested in the variance application dated December 14, 2009 and as more fully described in the letter dated
December 11, 2009 with the condition that the variance as approved on Thursday, August 7, 2008 is hereby null and void. It was
noted that the applicants’ proposal as stated above will not be any closer to the ordinary high water level than the prior
development. It was also noted that the development as proposed above is smaller than the development which was approved
on Thursday, August 7, 2008.
CiWffnan/6tter Tail Count^ ^oard of Adju^ment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Ol/nliDCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
January 7, 2010
Page # 2
;
Brad and Helen Nelson - Approved the variance application as requested with a condition. (6:50 p.m.)
Brad and Helen Nelson, Lot 33 Birchwood Shores, Pickeral Lake in Maine Township, requested the following:
/August T/ 200S, Wes w/^esre approv^c* to oonstriL/oir a «^-seasop .acJcJItion. VVe hiav^.
sirioo ciooidoci tHeit: \A/ill not t>o doing thiat Pot &r& only roplscing our rottod outdooKc.
Wo -fstilod to got tPo Puilding pormit wPon wo Psid e« oontre»otor stsirt on roplQoing ■ i
our dooK. W^ erroneously tPougPt tPet Pe v^ould get tPo permit,, en pN/^ersigPt op
our pert.
In reeding tPe August '7’, 2008 motion It stetes tPet we v\/ere epproved. to repleoe
tPe decK "so long es tPe new deoKs ere tPe exect size end sPepe o*f tPe ^existing
deoKs-end ere pleoed in tPe seme looetion es tPe-existing deol<s.’*
"TPe old decK Ped two levels tPet mede pelt ot tPe deoK ur*-useePle otper tPen, to
eooommodete us getting to tPe front lewn. X/Ve Peve l<ept tPe old 'foo±f>rir»t^ end
meinteined two levels witp tPe lower level Peing muop smeller, tPerePy giving us'
more useePle eree. “FPe only oPenge tPet we need epprovel "for is en engle
meesuring S feet 9 incPes, wPicP we instruoted tPe oontreotor to cPenge,
Peoeuse it elimineted e ‘deed eree'. “I”Pis does not teRe op eny 'new ground eree*;
it is only e cPenge in tPe engle of tPe decK flooring for wPioP we seeK epprovel of
<tPe 8 foot & inoP engle>.
Sinoe tPe approved seeson eddition Ped e totel of sguere feet, wItP tPet
not Peing done. tPe deoK (tPe old deol< end tPe one no\A^ Peing oonstruoted> -uses
*180 sguere feet of tPe epproved sunroom, v\/PioP leeves 8-4- sguere feet of
approved spede for tPe *4—seeson eddition tPet is not going to Pe used.
We ere tPerefore requesting tPet sinoe we ere forgoing tPe 4—seeson eddition tPet
our deok; Pe epproved es it is ■no’XA/ construoted.
:
I
The audience was polled with no one speaking for or against the variance as requested. After consideration and.
discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the variance
as requested in the variance application dated December 14, 2009 and as more fully described in the letter dated
December 11,2009 with the condition that the variance as approved on Thursday, August 7, 2008 is hereby null and
void. It was noted that the applicants’ proposal as stated above will not be any closer to the ordinary high water level
than the prior development. It was also noted that the development as proposed above is smaller than the
development which was approved on Thursday, August 7, 2008.
Gordon Bakken - Approved the variance application as requested with conditions. (6:55 p.m.)
Gordon Bakken, West 75' of Lot 1 and all of Lot 2, Jonelsa Beach, Otter Tail Lake in Amor Township, requested the
following: The existing two story dwelling is poorly insulated and I would like to replace it with a one story dwelling
that has proper insulation and poured "in-floor” heat. I would like to utilize the existing footings and foundation for this
project. The closest part of the existing foundation is 64’ from the ordinary high water level. I am requesting an‘I T
variance. The audience was polled with no one speaking for or against the variance as requested. After consideration •
and discussion, Michael Harris made a motion, second by Rick Wilson and unanimously carried, to approve a
variance of I T from the required ordinary high water level setback of 75’ for the placement of a single story dwelling,
utilizing the existing footings and foundation as described in the variance application 64’ from the ordinary high water
level with the following conditions: 1.) any additions to the original footings/foundation or to the original building must
be placed behind the string line, 2.) the decks crossed out in orange on the drawing submitted with the variance
application must be removed, and 3.) the garage must be place at least 10’ from the side lot line. It should be noted
that the variance as approved does not directly or indirectly grant any other variances for the proposed development.
>'.
John Grosz and Elizabeth Smith - Approved the variance application as modified with a condition. (7:08 p.m.)
John Grosz and Elizabeth Smith, Lots A, 33 and 34 Midland Beach, Pelican Lake in Dunn Township, requested the
following: Proposed building setback is within the required 75’ setback, but behind the non conforming existing
building. (We are asking for the string line test to apply). Per phone conversation with Chris Hawley, Stahl Architects,
proposed structure will not exceed building line, which is approximately 52’ from the ordinary high water level. The
required setback is 75’. David Grosz and Chris Hawley represented the applicants at the public hearing. A letter from
R. A. Kost and S. H. Swanick in support of the applicants’ proposed development was read for the record. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Michael Harris made a motion, second by Rick Wilson and unanimously carried, to approve the placement
of the proposed development no closer to the ordinary high water than 52’ or the general building line whichever
provides for the greatest setback from the ordinary high water level and with the condition that no more than 25% of
the total eligible lot area can be covered with impervious surfaces. It should be noted that the variance as approved
does not directly or indirectly grant any other variances for the proposed development.
i
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
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
1
Applicant and/or applicant’s representative must be present at the scheduled hearing.
V. To Whom It May Concern:
!
Biiad and Helen Nelson
3234 Desert Star Lane
' Grand Forks, ND 58201I
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, January 7, 2010 at 6:30 p.m.j
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
’ , 1 Lot 33 Birchwood Shores,
Property Address - 32509 Birchwood Shore Drive
Section 14, Township 134, Range 41 - Township Name - Maine
Lake No. 56-475, Lake Name - Pickeral, Class - RD
•-C
The variance requested is -
^Vugfcjstr V. ZOOS, we were epptrovecT te ceristrcrcf e -*-seesori edditiort. We l-ieve since decided tHet: we will net be dcing tbet but ere enlv replecing cur Tcitted out clecK.V-
We'teiled to get tbe building, permit wben we bed e contrector stert on replecing
our decK. We erroneously tbougbt tbet be would get tbe permit, en oversight on ourpert.
In reeding tbe XVugust 7. 2008 motion it stetes tbet we were epproved.to replece tbe'decKc "so long es tbe new decKs ere tbe exect size en^ sbepe of tbe existing
decKs. end ere pieced in tbe seme locetion es tbe existing decKs.”
7be old decK bed two levels tbet mede belf of tbe decK un~useeble otber tben to
eccommodete us getting to tbe front lewn. We beve kept tbe old footprint, end
ntelnteined two levels witb tbe lower level being mucb smeller, thereby giving us
rnbre useeble eree. fbe only cbenge tbet we need epprovel for is en engle
meesuring 8 feet'O inches, which We instructed tbe contrector to cbenge.
beceuse it elimineted e ‘deed eree'. This does not teKe up eny ‘new ground eree';
ft is only El obenge in tbe engle of tbe deck,flooring for which we seek epprovel of
<tbe 8 foot Q inch engle>.
■
Since tbe epproved .4-seeson eddition bed e totel of 22.4 sguere feet..witb tbet
not being done., tbe deck (tbe old deck end the one now being constructed) usiss ^60 sguere feet of the epproved sunroom, which leeves 84 sguere feet of
epproved spe'ce for tbe 4—seeson eddition tbet is not going to>,be used.
\/Ve ere therefore recnuesting tbet since we ere forgoing the 4—seeson eddition tbet
our deck be epproved es it is now constructed.
Date: December 18, 2009 Wayne Stein, Board of Adjustment Secretary
■i.
t ■
^ '
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 18th, day of December, 2009 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Bradley & Helen Nelson tsts, 3234 Desert Star Ln, Grand Forks, ND 58201-5853
Joanne Seeger, Twp Clerk of Maine, 32829 County Highway 35, Dent, MN 56528
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
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. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537
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: December18th, 2009
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
> <
RECEIVED
DEC 14 200yDecember 11,2009
LAND&aESOURCH
Ottertail County Board of Adjustment,
August 7, 2008, we were approved to construct a 4-season addition. We have
since decided that we will not be doing that but are only replacing our rotted out
deck.
We failed to get the building permit when we had a contractor start on replacing
our deck. We erroneously thought that he would get the permit, an oversight on
our part.
In reading the August 7, 2008 motion it states that we were approved to replace
the deck “so long as the new decks are the exact size and shape of the existing
decks and are placed in the same location as the existing decks.”
The old deck had two levels that made half of the deck un-useable other than to
accommodate us getting to the front lawn. We have kept the old footprint, and
maintained two levels with the lower level being much smaller, thereby giving us
more useable area. The only change that we need approval for is an angle
measuring 8 feet 9 inches, which we instructed the contractor to change,
because it eliminated a ‘dead area’. This does not take up any ‘new ground area’;
it is only a change in the angle of the deck flooring for which we seek approval of
(the 8 foot 9 inch angle).
Since the approved 4-season addition had a total of 224 square feet, with that
not being done, the deck (the old deck and the one now being constructed) uses
160 square feet of the approved sunroom, which leaves 64 square feet of
approved space for the 4-season addition that is not going to be used.
We are therefore requesting that since we are forgoing the 4-season addition that
our deck be approved as it is now constructed.
Thank you.
Brad and Helen Nelson
NOV/20/2009/FHI 2:28PM LAND & RESOURCE MANA FAX Ho. 1 218 998 8112 P. 003
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TuPaicalHuInbaKt) —
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Ttio scale draw^ nuat Induda the outslda dmetnlon (lotanes) ol the property above the onftiaiy high water level, end muH Identity the type, •lee (square feet), end localkxi ot all eidsang and propoeed structures, addMonal onslta Imparvnue suttees, road iight-of-way(s), ordinary h^
water level(s), septic tanids), diainlield(e). btuOls) & iMlland(a). Must also include all propcaed topogMphical^raton& „I 1
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IMPERVtOUS SURFACE CALCULATION WORKSHEET:I
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
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Structure(s):
Deck(s):
R! TAf? C>?Y//S'y 33 C()>^o^sr£.Driveway(s);
Patio(s):
■■ -'■-■Cl V El.'
Sidewalk(s):
OEC 14 2009
Stairway(s):Ft2
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R2Retaining Wali(s):
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^7^ R2TOTAL IMPERVIOUS SURFACE:
LOT AREA:Ft2
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TOTAL IMPERVIOUS SURFACE XOT AREA
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IMPERVIOUS SURFACE RATIO
SCALE DRAWING FORM ;i
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The scale drawing must include the outside dimension (lotiines) of the property above the ordinary high water ievel, and must identify the type,
size (square feet), and iocation of ali existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water levei(s), septic tank(s), drainfieid(s), biuff(s) & wetiand(s). Must aiso inciude ali proposed topo hical alterations. ,if
Impervious ^riaM^atio
(Must Complete Worksheet On Other Side)
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