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1056562 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 1056562
this instrument #
was fiied/recorded in this office
for record on the / ? day of-----2009 at 3-^5 anr^m^
"recording fee/^
weii certific^^
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
ooS7o-Application Fee _
Receipt Number ____________
Accepted By / Date
IHVS-ICOMPLETE THIS APPLICATION IN BLACK INK
Caip^I a.
'79'
Cl'i'j-hf.fi All
DAYTIME PHONE 3^1 ST~ S’0> Scf*S'C>PROPERTY OWNER
Aaiil LaLt mnMAILING ADDRESS
LAKE NUMBER LAKE NAME
SECTION /V TOWNSHIP RANGE TOWNSHIP NAME
LAKE CLASS Q D
E-911
ADDRESS
PARCEL
NUMBER Q100(10!^ 009^ oocZ^
LEGAL DESCRIPTION^ 5L (p 0-P Gl- ^ ^ ^ '
~h 5CV coit, E fl A7THc^6%^S6£ oF
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Misc.Subdivision ClusterSewage System
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
/CO ' Aji£
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(D^u^ L.
co^stAu^lt ^ Aoomot^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 MANAG^ENT REGARDING THIS MATTER.
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)
r
zDate Of Hearing Time
/
Motion
Carol A. Boyum - Denied the two proposed dwelling additions and approved a garage with conditions.
(6:39 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Rod Boyer and unanimously carried, to approve the
addition/construction of a 16’ wide by 24’ deep garage with the condition that the garage can be no closer to the ordinary high
water level than the existing dwelling and with the condition that it must be attached to the driveway side of the existing dwelling
and to deny the variances as requested for the two proposed dwelling additions. Granting the variance as noted above for the
construction of an attached garage, along with the existing dwelling, will provide the applicant with a reasonable use of her
property. Hardship is the shape, terrain and topography of the applicant’s property.
Chairrhan/Otfer 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 Official/Date
bk 0407-001
329.512 - Victor Lundeen Company, Fergus Falls, Minnesota
970693
• r>
and transfer entered; Certificate of
) not required.
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 970693
this instrument #
was filed/recorded In this office
for record the .^.lL_day of -v.,_2005 atih!5G^/pm
l^corder
<^Dgput^
No delinquent taxes
Real Estate Value (
Certificate of Real Estate Value No.
) filed (
’ (Yeai)
Wayne Stein, County Auditor
j±i recordingjHe
well certificatebyDeputy
fUikiy3
QUIT CLAIM DEED
Individual to Individual
COUNTY OF OTTEfl TAIL
STATE OF MINNESOTA ^deedtaxsjlj£S_
NUMBER a ; o a IT ►> DATE _iZj3I5Z5i
TAX DUE HEREON: $ __1.65STATE DE:
200VDate:
VALUABLE CONSIDERATION, Peter K. Boyum and Carol A. Boyum, husband
Grantors, hereby convey and quitclaim to Carol A. Boyum, a
Grantee, real property in Otter Tail County, Minnesota,
Fi
and wife,
married woman,
described as follows:
That part of Lot Six (6) of the Subdivision of Government Lots One (1), Two (2),
Three (3) and Four (4) of Section Fourteen (14), Township One Hundred Thirty-two
(132) North, Range Forty (40) West, Otter Tail County, Minnesota, described as
follows: Beginning at a point where the West line of said Lot 6 intersects the
Easterly shoreline of Clitherall Lake; thence South 00 degrees 26 minutes East
283.9 feet, more or less, to the Southwest corner of said Lot 6; thence North 89
degrees 43 minutes East, on the South line of said Lot 6, a distance of 363.08
feet; thence North 0 degrees 17 minutes West, 200 feet; thence North 60 degrees
44 minutes West, 347 feet, more or less, to said shoreline; thence Southwesterly
on said shoreline to the point of beginning, together with the riparian rights
pertaining to said tract of land which contains 2.4 acres, more or less; AND ALSO
an additional roadway easement over and upon the Southerly 66 feet of the
Westerly 487.6 feet of Lot Five (5) and the Southerly 66 feet of the Easterly 735
feet of Lot Six (6), all in Subdivision of Government Lots 1, 2, 3 & 4, Section
14, Township 132 North, Range 40 West, Otter Tail County, Minnesota.
lO-OUD'
together with all hereditaments and appurtenances belonging thereto,
subject to the following exceptions:
easements, restrictions and reservations of record,
if any.
THE TOTAL CONSIDERATION FOR THIS TRANSFER IS LESS THAN $500.
MINUTES OF THE MEETING
OFTHE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT -
Thursday, May 7, 2009
The Otter Tail Gounty Board of Adjustment met Thursday, May 7, 2009, with the following persons in attendance:
Michael Harris
Randall Mann
Mark Ronning, Land and Resource Management
Kurt Moiienson, Assistant County Attorney
Paul Larson
Steve Schierer
Rod Boyer
Thomas Lee
Called to Order- Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the April 9, 2009 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Timothy Burke - Approved the variance application as requested. (6:32 p.m.)
Timothy Burke, part of Government Lot 4, Section 27 of Rush Lake Township by Round Lake requested a variance to
have this substandard .52 acre lot which is 150' by 150’ in size for family residential use. The lot was recorded in
1972. The house was built in 1969. The required size is 5 acres with 200' of lot width. 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 application
dated March 18, 2009. It was noted that the parcel currently has residential use and that the approval of the variance
as requested will provide the applicant with the opportunity to enjoy the.same rights and privileges as others in this
immediate area. Hardship/practical difficulty is a substandard lot of record and the existing residential use.
Patrick F. and Frances L. Didier- Approved the variance application as requested. (6:36 p.m.)
Patrick F, and Frances L. Didier, part of Government Lot 1, Section 25 of Clitherall Township by Clitherall and Crane
Lakes, requested the following: Proposing to have the .86 acre substandard parcel, which was recorded in October of
1978, be declared buildable for single family residential use for the construction of a new home. 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 Steve Schierer and unanimously carried, to approve the variance as requested in
the application dated.March 30, 2009. It was noted that no additional variances are required for the development as
currently proposed. The granting of the variance as requested will provide the applicants with a reasonable use of
their property by providing them with the opportunity to replace the fire damage structure. Hardship/practical difficulty
is thejzfss of use of the existing residential dwelling, which was significantly damaged in a fire.
'fol A. Boyum - Denied the two proposed dwelling additions and approved a garage with conditions.
(6:39 p.m.)
Carol A, Boyum, part of Sub Lot 6 of Government Lot 2, Section 14 of Clitherall Township by Clitherall Lake,
requested a variance of 20’ from the required ordinary high water level setback of 100’ for the construction of two
additions unto an existing dwelling and for a new detached utility building/garage. The audience was polled with
Charles Parson speaking on behalf of Mary Parson Belden; Ron Parson and Deborah Uselman expressing concerns
(high water levels, terrain, run off, water quality, precedence, etc.) with the variance as requested. After consideration
and discussion, Steve Schierer made a motion, second by Rod Boyer and unanimously carried; to approve the
addition/construction of a 16’ wide by 24’ deep garage with the condition that the garage can be no closer to the
ordinary high water level than the existing dwelling and with the condition that it must be attached to the driveway side
of the existing dwelling and to deny the variances as requested for the two proposed dwelling additions,' Granting the
variance as noted above for the construction of an attached garage, along withThe existing dwelling, will provide the
applicant with a reasonable use of her property. Hardship is'the shape, terrain and topography of the applicant’s
property.
SCALE DRAWING FORM
P,f£f iu ih Qj9<P^pyj-
el Numberlls)LaTax Parc
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
"P. V9/ Ciri/4 ' -S'
0 Scale %Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
;
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05tcl^rof
signature of F)™erty Owner Date
BK — 0207 329,086 * Victor Lundeen Co. Pnnters • Fergus Fails. • 1-800-34&4870
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier) o ,. . Jm-Other:Ft2
R2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
^ oZ3Jtzj2Jl - X100 =%
LOT AREATOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s);
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s);
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier) n .
Other.
TOTAL IMPERVIOUS SURFACE:
Ft2
Ft2
Ft2LOT AREA:
X100 =9.^ Un %
LOT AREATOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 Fir AveW
Fergus Fails, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Carol A. Boyum
16926 State Highway 78
Battle Lake, MN 56515
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, May 7, 2009 at 6:30 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 Sub Lot 6 of Government Lot 2,
Property Address - 39166 Peninsula Lane
Section 14, Township 132, Range 40 - Township Name - Clitherall
Lake No. 56-238, Lake Name - Clitherall, Class - RD
The variance requested is -
a variance of 20’ from the required ordinary high water level setback of 100' for the construction of two additions unto an existing
dwelling and for a new detached utility building/garage.
Wayne Stein
Board of Adjustment Secretary
Date: April 16, 2009
FINDINGS OF FACT
SUPPORTING/DENYING AN AREA VARIANCE
An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A
determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme
Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cyril Stadsvold and Cynara
Stadsvold.:
Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?
Will the request have an adverse effect on government services? Why or why not?2.
Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to
neighboring properties? Why or why not?
3.
Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this
factor) Why or why not?
4.
How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5.
Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6.
Does existing sewage treatment need upgrading?7.
Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?8.
In light of all of the above factors, would denying a variance serve the interests of justice? Why or why not?
The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted.
k
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 20th, day of April, 2009 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Carol A Boyum, 16926 State Highway 78, Battle Lake, MN 56515
Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524
Janet Eitzen, Clitherall Twp Clerk, 40034 Old Town Way, 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
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 Aye, 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
Rod Boyer, 51127 E Wymer Lake Rd, Frazee, Mn 56544
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: April 20th, 2009
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
^ •4^St
MARY LUANNE PARSON BELDEN
3064 SHADYDALE LN
WEST BLOOMFIELD Ml 48323 185.1
DAVID ARNESON ET AL
123 5THSTS
MONTEVIDEO MN 56265 1911
DAVID & PAMELA ARNESON
123 5TH STS
MONTEVIDEO MN 56265 1911
JAMES M REKOW ET AL
13230 45TH AVE N
PLYMOUTH MN 55442 2342
RONAL N & BARBARA A PARSON
19125 PENINSULA TRL
BATTLE LAKE MN 56515 9248
CAROLABOYUM
16926 STATE HIGHWAY 78
BATTLE LAKEMN 56515 9262
OWEN ROBERT THOMPSON JOAN F TORGERSON
2396 27TH AVE S APT 103
GRAND FORKS ND 58201 6488
RONALD D SMITH
18438 CONQUISTADOR DR N
SUN CITY WEST AZ 85375 4660 PO BOX 244
BARNESVILLE MN 56514 0244