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Home My WebLink About10000010004012_Variances_09-10-2015Variances 2 Barcode 128 /Q S6^c6^^(^ 1164186 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 09/14/2015 2:24 PM Date Stamp RECEIVEDco^FEE: 46.00 PAGES 6 WELL CERTIFICATE REC D: N gCD j'JL ?L. CD LAND & RESOURCECO L&R Initial 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 moApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date>^ 7( Z-~Z^(Z0^ 3 OcX. V / ri 6~<- >4 J SiA V) "P lV DAYTIME PHONEPROPERTY OWNER 0 >4 < g giog Q,>. TN 37T M-S-TS'Z 11; 4-1 MAILING ADDRESS fi.O.IILAKE NUMBER e y-A LAKE CLASSLAKE NAME Ci;HI3aH 0SECTION Q(TOWNSHIP parcel''''I - 00 0 ~ 0 \ 'OO OH - 0 \ 7- NUMBER - 0 0 0- - 0 0 0 RANGE TOWNSHIP NAME e y A % W. -A Ho^ H RLE-911 ADDRESS LEGAL DESCRIPTION 0\ (7M0 tvii;4rcv> CMi IUmaU ^8+3' ^lU ) T*^ p * / 3 P'OHO pr G-t 6 loo 5'o' l/J; (I e D lA RR Cevv4-eir T R- c\v\g e TYPE OF VARIANCE REQUESTED (Please Check) ClusterStructure Setback Structure Size Sewage System Subdivision WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 'I'Ve r (t)-f L p-f 3 ovvf) L c) 3 "Vd 0 Q V\ \z\IITVv^ ^V\ ev\A V\f14 cv c L IV e Y\ 0 VI - \r ? pcA, v\f 4>0 V-0 -v\] <] ev>‘i^»v [1 \ ar A-le ‘Kw c i 4 W tt v\4-s 4We ^. H , t!), 10 - 000-(91 ' c5 004 - TUt; till's. 'TU e A. U -4 r^s ((AJ I o.y'C € 15 Wt "i 'i w\ u w\WA « eLAJ I u 7 \r e vv\ p1 ■+VvW”! s T 2-e UJ I 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. ^ I__=’Jv.] ^ 7.7,7 0 DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345 t94 • Victor Lundeen Co Printers • Fergus Falls. Mmnesota Date Of Hearing Time Motion David and Bonnie Stabnow - Variance application approved as requested. (7:37 p.m.) August 13*'’, 2015 Meeting - The audience was not polled as this public hearing was not held due to the absence of the applicants. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to deny the variance as requested due to the failure of the applicants to appear at the public hearing unless the applicants submitted a letter/email granting the Board of Adjustment permission to table the public hearing until the September 10, 2015 meeting. September 10*'', 2015 Meeting - Jeff Stabnow represented the applicants at the public hearing. After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and carried with Loren Bailey abstaining, to approve the variance as requested in the application dated July 22, 2015 and as depicted on the drawing submitted with the variance application. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No hjL^^ttxZj 15Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 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 <OTTCR TRil Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: David and Bonnie Stabnow 5105 Meta Ct. Nashville, TN 37211-5752 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, August 13, 2015 at 7:30 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 Stabnow Addition and Part of Government Lot 6, Property Address - West of 40414 Cliff Road Section 1, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238, Lake Name - Clitherall, Class - RD The variance requested is - the following: Retain the riparian portion of Lot 3 and permanently attach the non-riparian portion of Lot 3 to Parcel 10000010004012. This will create two residential buildable lots. The parcels will meet the minimum lot size and lot width requirements of the Shoreland Management Ordinance for platted lots within the shoreland area of a recreational development lake. Wayne Stein Board of Adjustment Secretary July 24, 2015 /■''' . .' ’ A 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 27th,day of July, 2015 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: David K & Bonnie R Stabnow, 5105 Meta Ct, Nashville, TN 37211 5752 Keith Baldwin, Appt., Twp Clerk of Clitherall, 21485 374*'’ Ave, Battle Lake, MN 56515 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 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 1st 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 Jodi L Sazama, 650 Third Ave SE, Ste 4, Perham, MN 56573 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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 27, 2015 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud - V / CARRIE L FISHER PO BOX 267 BATTLE LAKE, MN 56515 267 GLORIA AXELSON 23213 CHIPPEWA RD VINING, MN 56588 9553 RICHARD LJIBBENTST 37890 EAGLE LAKE LOOP BATTLE LAKE, MN 56515 9563 RONALD A & VIVIAN OLSON 40159 CLITHERALL LAKE RD N CLITHERALL, MN 56524 9640 BETTY JO PRAX PO BOX 204 PACIFIC JUNCTION, lA 51561 204 DIANNA LEE PRIOR ETAL 5440 97TH AVE NE SPICER, MN 56288 9335 DAVID K & BONNIE R STABNOW 5105 METACT NASHVILLE, TN 37211 5752 JEFFREY K & GAY STABNOW 40186 CLITHERALL LAKE RD N CLITHERALL, MN 56524 9640 HERMAN T & CARLA K TYSDAL 21273 402NDAVE CLITHERAL, MN 56524 9615 WENDELL W & JOANNE E WALKER 1804 QUIVIRARD AUSTIN, TX 78745 8007 JAY KENTON WESTWOOD 15201 E 63RDSTS DERBY, KS 67037 9030 Patricia Ann Riveland - Denied. (7:10 p.ni.) - Continued Lot I B to be pennanently attached to Parcel 37-000-99-0791-000 for nonresidential use. Lot 1C and Lot 2 to become one parcel for single family residential use (Approximately 350’ Lot width and 112,000 square feet). Neil Lerfald appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Loren Bailey and carried with Jodi Sazama abstaining and with Ward Uggerud voting no, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested and the applicant does have the option to plat their property through the planning commission process. Mark Bloomquist - Variance application approved as modified. (7:29 p.m.) Mark Bloomquist, Lot 5 Johnson’s Maple Point, East Spirit Lake in Dora Township, requested the following; We would like to add a 12’ by 20’ addition onto our building starting at NW comer west 12’ and south 20’. Our second choice would be to go 12’ out the back (south side) with a 6’ jog in the SW comer. Both meet lot line setback, but both are closer to lake. We are open to any suggestions also (North or East). Addition to be no more than 59-60’ from lake. The audience was polled with no one speaking for or against the~variance'asTeq'U‘estedTmA:n“emaiLfrom“Nonnan"'Buktenica"in“Support-of thevarianceas'requested-was--- read for the record. After discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud and unanimously carried, to approve a variance from the required ordinary high water level setback of 100’ for a 240 square foot addition to the existing dwelling with the placement of the addition to be detennined by the architect/contractor. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Hardship/practical difficulty is the unique shape of the applicant’s lot (water on two sides). It was noted the proposed development will not obstruct the view from the adjacent properties. 1^,/David and Bonnie Stabnow - Variance application approved as requested. (7:37 p.m.) David and Bonnie Stabnow, Lot 3 Block 1 Stabnow Addition to Clitherall Lake and part of Government Lot 6, Section 1 of Clitherall Township by Clitherall Lake, requested the following: Retain the riparian portion of Lot 3 and permanently attach the non-riparian portion of Lot 3 to Parcel 10000010004012. This will create two residential buildable lots. The parcels will meet the minimum lot size and lot width requirements of the Shoreland Management Ordinance for platted lots within the shoreland area of a recreational development lake. August 13*'’, 2015 Meeting - The audience was not polled as this public hearing was not held due to the absence of the applicants. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to deny the variance as requested due to the failure of the applicants to appear at the public hearing unless the applicants submitted a letter/email granting the Board of Adjustment pennission to table the public hearing until the September 10, 2015 meeting. September 10*'’, 2015 Meeting - Jeff Stabnow represented the applicants at the public hearing. After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and carried with Loren Bailey abstaining, to approve the variance as requested in the application dated July 22, 2015 and as depicted on the drawing submitted with the variance application. September 10, 2015Page 3 David and Bonnie Stabnow - Denied/Tabled David and Bonnie Stabnow, Lot 3 Block 1 Stabnow Addition to Clitherall Lake and part of Government Lot 6, Section 1 of Clitherall Towship by Clitherall Lake, requested the following: Retain the riparian portion of Lot 3 and permanently attach the non-riparian portion of Lot 3 to Parcel 10000010004012. This will create two residential buildable lots. The parcels will meet the minimum lot size and lot width requirements of the Shoreland Management Ordinance for platted lots within the shoreland area of a recreational development lake. The audience was not polled as this public hearing was not held due to the absence of the applicants. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to deny the variance as requested due to the failure of the applicants to appear at the public hearing unless the applicants submitted a letter/email granting the Board of Adjustment permission to table the public hearing until the September 10, 2015 meeting. Ryan Johnson - Denied/Tabled Ryan Johnson, part of Government Lot 2, Section 9 of Star Lake Township by Star Lake requested the following: garage in line with approach inside 20’ setback from County Road right-of-way. 6’ 9/4” off road right-of-way is what garage would be. Cabin is 4’ 5” off road right-of-way. July 11,2015 Meeting - The audience was polled with no one speaking for or against the variance as requested. A letter from Charles H. Grotte, P.E., Assistant County Engineer requesting a 20’ setback from the County State Aid Highway right of way line was read for the record. After discussion and consideration and with the applicant’s verbal consent, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to table this hearing until the August 13, 2015 meeting date to allow the applicant an opportunity to review his ability to move the proposed structure further back from the road right-of-way than what is currently proposed. Safety concerns with the proposed location were expressed. It was also noted that the proposed garage is setback further than the dwelling, which would be an improvement. Moving the holding tank was also discussed. August 13, 2015 meeting - After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to deny the variance as requested due to the failure of the applicants to appear at the public hearing unless the applicants submitted a letter/email granting the Board of Adjustment permission to table the public hearing until the September 10, 2015 meeting. Henry Kohler - Tabled. Henry Kohler, part of Government Lot 2, Section 23 of Otter Tail Township by Long Lake, requested the following: I am requesting a variance of 40’ from the ordinary high water level setback of 100’ to construct a home 60’ from the lake. In the case that this variance is granted I would be turning in a request to the Planning Commission asking for a permit for a cluster development allowing me to construct the home without the removal of the existing cabin. October 9, 2014 Meeting - The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion and with the applicant’s verbal consent, Thomas, Lee made a motion, second by Steve Schierer and unanimously carried, to table this hearing until a future meeting date to allow the applicant an opportunity to consider other alternatives, for example - platting. November 13, 2014 Meeting - No action taken by the Board of Adjustment as prior to the November 13,2014 meeting Mr. Kohler had submitted a letter, dated October 21, 2014 requesting that his application continue to be tabled until Spring of 2015. December 12, 2014 Meeting - Application remains tabled until a future meeting date. April 9, 2015 Meeting - Prior to the public hearing the applicant submitted a letter requesting the continuation of the previously tabled action. May 14, 2015 Meeting - Prior to the public hearing the applicant submitted a letter requesting the continuation of the previously tabled action. Aiigust 13,2015Page 8 Wayne Stein Bonnie Stabnow <bonniestabnow5678@hotmail.com> Saturday, August 15, 2015 2:34 PM Wayne Stein Request to Table Variance Application From: Sent: To: Subject: Wayne Stein Because our representative was not able to attend the August 13th hearing, we are requesting that you table our July 22nd Application for Variance to the September 10, 2015 meeting. Please accept our sincere apologies. We thank you for your kind consideration. David & Bonnie Stabnow '''TV1 otter Tail County, Minnesota Accuracy is not guaranteed. NOT to be construed or used as a legal description. )12001 P.9-''.'.3 r ^^doiTif00040{2 I - *p.o'^ 10CCD99C531CG0 • , .X-. .S'.?- ^ ...i „: ■ 4!-:€., -iw!''. '* '*5-^ X,...’' i.- s"' ' • ■ ,■■■>-•' «i \ ^ >>> ■ ir>i' • >x 3 A m ; ROW -. BLOCK 1 ..j" ■I V* ", ‘^^1 %v:-OOOC^ jOOI >CQ r225^4. jwx ^ ^ s' .S.......... >. w... . ... .. vxx Ixx. *,"■ . a iv-S.s**#2■<2 ^ >< t' ?tc%N ■^'^2 Aoc"‘.'%4's-; . 'r.-.4L>. <“* “ 5; ^44%$ > ^ >■ >• CL.-a)ocooioocaooo xS.o^08^-5 roccii .01fr A-ti2V1.* X S ' " r i s,- '- "a, . "// ’ ■ A /• .X#" i! . C 2 * "iAt; . ^ <i S?pss^^ilSia^zMMiAp D1 ■? Ip M i3!r-x ----------rwi-j 'g ■ ; sea ft \A 'Nr 9 '..• 4- <' .V XCopyright 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENOE purposes only, ThiS iS NOT A LEGAL DOCUMENT weo Jul 22 20i5 12:36:09 PM. *R«Virt f+J- ^ W 3 }o*lton tf u\ 3 -H) io-ooo-<)i-txx>4-oiz- Xx^lV-CXi__7-22-I r