Loading...
HomeMy WebLinkAbout10000990355000_Variances_04-08-2021Variances Barcode 128 M " 8> “ z.^'2^1 t • 1256571Date Stamp RECEIVED DEC 2 1 2020 -AND & RESOUBCt LVHN R LhRSOH OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED ON 04/15/2021 12:17 PML&R Initial PAGES 4THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANGE'^'^'^^^" ^ COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us oDApplication Fee Receipt Number C^iSlCOMPLETE THIS APPLICATION IN INK Accepted By / Date 4 '3c-A/g. aJ dAc) S-hr ^ Cc MflL. I« _______________ DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS E-MAIL ADDRESS 'B-e iMnt^-hS\o-A7,n U£.LAKE CLASSLAKE NAMELAKE NUMBER CL! ____ 1 ip*-/3 (d S-f^OcHT-hOo^ jC ^ cP A^a) szr^ VoISA.SECTION 3 (p TOWNSHIP TOWNSHIP NAMERANGE i^loooo 3 E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION . / I /Ooc'C Lot Y TYPE OF VARIAN^ REQUESTED (Please Check) ^structure Size WECS Misc.Subdivision Clusterocwdge SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 5 Ko(Lu^A i^Uuu(^en'\^n hOTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: S- U Proposing to replace the existing dwelling with a new dwelling, attached garage and deck. The proposed dwelling & attached garage will be approximately 68' from the ice & the deck will be approximately 60' from the ice. The OHWL setback cannot be determined at this time due to frozen water. The proposed deck, dwelling & attached garage will be located behind the building line, however it is in the Shore Impact Zone (SIZ). The total proposed impervious surface coverage in the SIZ will be approximately 1,476 sq. ft. On a Natural Environment (NE) Lake the structure setback is 200' and in the SIZ you cannot cover more than 260 sq.ft, of impervious surface coverage. The lot is an existing substandard lot of recorded created September 29,1964. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMtTS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT 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) OFFICE USE ONLY /lynl ^Date Of Board of Adjustment Hearing Motion Time -1 Byron & Jana Sundbom - Variance Application Approved as Requested (8:10 p.m.) After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and unanimously canied by roll call vote to approve the variance request to construct a new dwelling with an attached garage being approximately 68’ from the ordinary high-water level and a deck being approximately 60’ to the ordinary high-water level and to cover 1,476 sq. ft. of impervious surface coverage in the shore unpact zone. The board noted that this lot is a substandard lot and lake setback is difficult to meet. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated official part of the minutes which have been placed on file with the Land & Resource Managementas an Department. /hiu6usll^ OPyl f)iX\/Yy lA f[ly lA/i/flU Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management 7^Yes (Contact Land & Resource Management) No Anuffiuslu? *L R Official/Date Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368,804 • Victor Lundeen Co.. Printers ■ Fergus Falls, MN • 1-800-346-4870 I Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWWCO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TflII ooiafr ataaiiOTa GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX; 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Byron & Jana Sundbom Address/Parcel No. 16436 Stewart Oak Rd / 10000990355000 Requested Variance: Proposing to replace the existing dwelling with a new dwelling, attached garage and deck. The proposed dwelling & attached garage will be approximately 68' from the ice & the deck will be approximately 60' from the ice. The OHWL setback cannot be determined at this time due to frozen water. The proposed deck, dwelling &_____ attached garage will be located behind the building line, however it is in the Shore Impact Zone (SIZ). The total proposed impervious surface coverage in the SIZ will be approximately 1,476 sq. ft. On a Natural Environment (NE) Lake the structure setback is 200' and in the SIZ you cannot cover more than 260 sq.ft, of impervious surface coverage. The lot is an existing substandard lot of recorded created September 29,1964. Otter Tail County Ordinance: X Shoreland Mgmt. n Sanitation. U Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: III. 4. A. & IV. 8. B. 1 A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Getting closer to retirement and want to build a permanent structure and have this be the permanent residence. Would like to be inline with the neighbors, not in front of just inline with neighbors. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The Shoreland Management Ordinance allows property owners to develop and improve their property. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: There are similar structures and land uses in the neighborhood with simiiar setbacks as noted during the Board of Adjustment member's onsite visit. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because; It is an existing lot of record with a small building envelope. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar structures in the neighborhood with similar setbacks. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: This is a substandard lot or record. the requested variance.The Otter Tail County Board of Adjustment; APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: April 8, 2021 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. Gary & Anne Scheidecker - Variance Application Approved as Requested (8:03 p.m.) Gary & Anne Scheidecker, N 554.3’ ofLot6(1.53 Ac), Pt of GL 6 (.71 Ac) & Pt of GL 5 (8.09 Ac), West Red River Lake (56-711) in FribergTownship requested the following: Variance from required 200’ OHWL of 125’ to replace the existing deck with a Sunroom (12’ X 14’) and add a 8’ x 14’ raised deck. Variance from the Shore Impact Zone (SIZ) impervious surface (anything within 100’ of the OHWL more than 260 sq.ft.) amount requested is 1896 sq. ft. Note the impervious surface in the SIZ will not change as the sunroom will be the same size as the existing deck. Our house was built in 1972-73 all of it is within the SIZ. Gary & Anne Scheidecker, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against this application. After consideration and discussion, Douglas Larson made a motion seconded by Michael Donoho and carried by roll call vote to approve the variance to construct a 12’ x 14’ Sunroom, 8’ x 14’ raised deck being 75’ from the ordinary high-water level and allow the shore impact zone impervious surface coverage to be 1896 sq. ft. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. It was noted that this is a safety issue. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN Darren Newville X Thomas Lee X Douglas Larson Michael Donoho X X Terry Marthaler Rick Wilson - PC Member X X Byron & Jana Sundbom - Variance Application Approved as Requested (8:10 p.m.) Byron & Jana Sundbom, Lot 4 of Stewarts Oak Harbor, Belmont Lake (56-237) in Clitherall Township requested the following: Proposing to replace the existing dwelling with a new dwelling, attached garage and deck. The proposed dwelling & attached garage will be approximately 68’ from the ice & the deck will be approximately 60’ from the ice. The OHWL setback cannot be determined at this time due to frozen water. The proposed deck, dwelling & attached garage will be located behind the building line, however it is in the Shore Impact Zone (SIZ). The total proposed impervious surface coverage in the SIZ will be approximately 1,476 sq. ft. On a Natural Environment (NE) Lake the structure setback is 200’ and in the SIZ you cannot cover more than 260 sq.ft, of impervious surface coverage. The lot is an existing substandard lot of recorded created September 29, 1964. Byron & Jana Sundbom, property owners represented the variance application via GoToMeeting. The audience was polled with Robin & Randy Mclntire in support of the variance as requested. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and unanimously carried by roll call vote to approve the variance request to construct a new dwelling with an attached garage being approximately 68’ from the ordinary high-water level and a deck being approximately 60’ to the ordinary high-water level and to cover 1,476 sq. ft. of impervious surface coverage in the shore impact zone. The board noted that this lot is a substandard lot and lake setback is difficult to meet. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Roll call vote as follows: Board of Adjustment YEA NAY ABSENT ABSTAIN Darren Newville X Thomas Lee X Douglas Larson Michael Donoho X X Terry Marthaler Rick Wilson - PC Member X X Page I 7 Board of Adjustment April 8, 2021 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Byron & Jana Sundbom 809 15'^ St. S. Fargo ND 58103 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 8, 2021 at 7:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. -10000990355000 Lot 4 of Stewarts Oak Harbor Section 36, Township 132, Range 40 Township Name - Clitherall Belmont Lake (56-237), Natural Environment (NE) 16436 Stewart Oak Rd, Clitherall MN 56524 Lake Name/Number/Class: Property Address: The variance requested is the following: Proposing to replace the existing dwelling with a new dwelling, attached garage and deck. The proposed dwelling & attached garage will be approximately 68' from the ice & the deck will be approximately 60' from the ice. The OHWL setback cannot be determined at this time due to frozen water. The proposed deck, dwelling & attached garage will be located behind the building line, however it is in the Shore Impact Zone (SIZ). The total proposed impervious surface coverage in the SIZ will be approximately 1,476 sq. ft. On a Natural Environment (NE) Lake the structure setback is 200' and in the SIZ you cannot cover more than 260 sq.ft, of impervious surface coverage. OVER (@) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 The lot is an existing substandard lot of recorded created September 29,1964. Aniy Busko Board of Adjustment Secretary March 25, 2021 STAFF REPORT Byron &Jana SundbomAPPLICANT: Proposing to replace the existing dwelling with a new dwelling, attached garage and deck. The proposed dwelling & attached garage will be approximately 68' from the ice & the deck will be approximately 60' from the ice. The OHWL setback cannot be determined at this time due to the frozen water. The proposed deck, dwelling & attached garage will be located behind the building line, however it is in the Shore Impact Zone (SIZ). The total proposed impervious surface coverage in the SIZ will be approximately 1,476 sq.ft. On a Natural Environment (NE) Lake the structure setback is 200' and in the SIZ you cannot cover more than 260 sq. ft. of impervious surface coverage. APPLICATION: 16436 Stewart Oak RD, Clitherall MN 56524 10000990355000LOCATION: LAKE NAME/NUMBER/CLASS: Belmont Lake, 56023700, NE STAFF WHO COMPLETED REPORT: Chris LeClair jjl^ Otter Tail County Visit the County Website +X Q.16436 STEWART OAK RD Show sea'ch results for 16436 ST... TOJiftfc'ROL 1. tA00d03602480001 - 1! : f', , staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A RIVERSLAKES U&TSETBACKS (Ft)GD NE Ag TransRD Elevation Above OHWL 3 3Vertical Separation*3 3 3 3 Setback From OHWL Dwellings / Non-Dwellings 100 100 15075100200 20 20 20202020WOAS Lotline** Single Family Residence Commercial PUD 10 1010 10 1010 50 505050 5050 50 50 50Residential PUD 50 50 50 40 65 115406590WOAS Top of Bluff 30 30 3030 30 30 Road Right-of-Wav (Public / Private) 20 20 20 20All Structures 20 20 Septic Tanks 10 10 10All Structures 10 10 10 Soil Treatment Area 20 2020 20Dwelling Non-Dwelling Maximum Structure Height 20 20 10 10 1010 10 10 35 35 35 35Dwelling Non-Dwelling 35 35 >(c * *20 20 20202020 10 10 1010 10 10WOAS SHORELAND MANAGEMENT ORDINANCE SECTION IV, Subp. 8, B The following are specific standards: 1. Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square B. ft. Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. No comments tsT-f- £ ■3^ii >0itjkr--iliciiiIV?-Ev im ^ ■''i\ f 3 ,. ■'- ‘ ■*■' -■-»r-I*?I'>->,4 - •.B:ai*gjS*8^i ■ ■ '* I- ‘ ^ ■ Kl -;:c- I' EgKmmS' M ;.i; i g'a t.'. t S5-V? SCALE DRAWING FORM Tax Parcel Number(s) ^10 O ^ ^ O 2S^S"(i O A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all existing and/or proposed structures, septic tanks, drainfields, lotlines, ro^ right-of-ways, easements, OHWLS, welts, wetlands, topographic features (i.e. bluffs), and (^ite imperviouLrurface/^wlations. Scale: 1 inch =__ Signature Date f -t . ; j • , ; ■ i : : ' !s ? i * ^1 /I7o^t :Ii ! f\ I doCLifIJ j6* 21'liiki ■I jj.iL0Yia>»t-fr) DnVfww()I I 10 I frdoo^'^^: i4 j I ii.; ..I ti ;•f ■ IB •ti ! MorCuJ ! . ffeoptr^y “ ■.-'iIH4 i ; . V* I ■' -i :i tL-H -•?r i• ir •;'ric<V : . . i ■ 1irffiimr i■ i ' . 1 . . . j ,j...j j I fO ■zI*m>'i : ^ M Mil l [ f,.:- nf!t=5Wtp+n!i: ]■ / '■ I ' ‘ s vl r *T i i • • ■ 7-T4-I -S m-i t|4 ?: ■* ..i J- i ‘‘vl'''I 1 I -i ; t ; V IIr • j ? i f« ^:: !4 fir* •If■i-, -:■« 5■ t•1 •■r4r;i:t i"U1l , ; . t 1 ■; > P\■Ar*-:. ' : • -1 ! ■■i-C *o It '•rt TT!I f ■ imA -H'l ! f t--U:B, in |i t , H ' •■ ■ ■; '■! I iBIpl-jlB j »‘ ' 4 ?' 7?4bSti^ 1^0' iISV ■ •r A t ■,Bi! ■■v f .'}'f-t' r } I > ■ ’u> m I{.11t5I- V-i' IMPERVIOUS SURFACE CALCULATION Li« S, IdentMy all .alsllng » pr«Poaa« iP>PP™»“* /O^ 5 6 oLot Area (fF):Other Impervious Surface Buildings Existing ProposedExistingFt2ProposedFt2Ft^Ft^Deck(s) Patio(s) Sidewalk(s) Landing(s) Dwelling_______ Attached Garage Detached Garage I3h:storage Shed Driveway(s) Parking Area(s) Retaining Wall(s Landscaping (Plastic Barrier)______Miscellaneous WOAS RCU_______ Miscellaneous ri' ^lo ^XI do iSTOTAL OTHERTOTAL BUILDINGS y Buildings Impervious Surface Percentage Maximum Allowable 20% hExistingProposedImpervious Surface Ratio Total Lot Area Ff2Ft2 Ft2 Ft2Total Buildings J =?.yaa ID,Sod . loho Q 0. OO100X Buildings + Other impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft2 Ft2 Ft2 Ft2 =-3-^^3 100XLR. Online Permitting Foms 2016: Impervious Surface CalculaBon Worksheet 04-11-2016 \X-l-ZoSignature: 3-?, SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Def # 76. Shore Impact Zone fSIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Existing Ft^Proposed Ft^ Building(s) Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL Total Existing Proposed Total Ft^Ft^Ft^Shore Impact Zone Impervious Surface ill m Maximum Allowable 260 Iis msiIA ikO s»Impervious Surface Calculation SiZ 04-11-2016 Signature:Date: If)0001‘^(m5f)onuAtttPARCEL#^AR ^k)^n SCALE r- 9'()' Scott Ellingson 201 Meadow Circle. Ashby. MN 56309 218-205-1667 SKETCH OF PROPERTY 3 beds 1^0 . . r, \hOO-^ “T^pe. 15 y 50 l?oc^ 5^0'' SAA C?" S^AppIlj LaleY-^^-lS 3* Holes Apo/i^ 9t^ |4o U-5 133 \ Tress utr'e "Bed (S) €£p IjLje/r' «• ItcO -to , /j}^ pe^ do^ ^ ^Uvnl>apVlA 0 inJpu/wi(p O O —-----RRovv------------ ©.5:2. o/:’/^;Sef 37. 1- Steu^arj ffnK RJ 218-205-0886 clitheralltownship@gmail.com. Jaden Witt Clerk, Clitherall Township P.O. Box 667 Battle Lake, MN 56515 This letter is in regard to 16436 Stewart Oak Rd Clitherall, MN 56524 The town board of Clitherall Township gives permission to the current property and future owners to have a drain field in the right of way of Stewart Oak Rd, given the following conditions are met. 1. The system complies with all federal, state and county government regulations. 2. The current property owner and any future property owners waive any claim for damages against the township as a result of the township maintaining or rebuilding the road or using the right-of-way. 3. The current property owner and any future property owners agree to remove the system if required by the township as a result of the township rebuilding the road or using the right-of- way. 4. The agreement shall run with the land and be binding on current and future owners. This agreement is entered into on October 21, 2020 Craig Bengtson, Clitherall Township Chairman Jai Witt, Clitherall Township Clerk , JADEN W3TTI Clerk, Clitiierall Tovmship, Ottertall Co., MN f Notorial Officer (ex-officlo notary public) fJly term is Indeterminate X 218-205-0886 www.clitheralltownship(5)gmail.com Jaden Witt Clerk, Clitherall Township 19284 370*^ Ave Battle Lake, MN 56515 This letter is in regard to 16436 Stewart Oak Rd Clitherall, MN 56524. The town board of Clitherall Township gives permission to the current property and future owners to have holding tanks in the right of way of Stewart Oak Rd, given the following conditions are met. 1. The system complies with all federal, state and county government regulations. 2. The current property owner and any future property owners waive any claim for damages against the township as a result of the township maintaining or rebuilding the road or using the right-of-way. 3. The current property owner and any future property owners agree to remove the system if required by the township as a result of the township rebuilding the road or using the right-of- way. 4. The agreement shall run with the land and be binding on current and future owners. This agreement is entered into on October 21^, 2020. Byron Sundbom, Property OwnerJana Sundbom, Property Owner OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTER TflII GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER & MARCH 31^^ I understand that, due to extenuating circumstances, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # \T I ), described on Application(s) datedmya. w cSu. IZ' /3' 2c.^o Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Ch^k One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). PROPERTY OWNERDATED LR: Forms: Waiver 60 Day Rule 03-17-2020 OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the day of March, 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Jaden Witt, Clerk Clitherall Township 19284 370'^ Ave Battle Lake MN 56515 Byron & Jana Sundbom 809 15‘^ St. S. Fargo ND 58103 None City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573Little^Hc^nald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 ' Lakes Imp. Dist., PO Box 405, Perham, MN 56573Z2^, FishsBass & Lt Pelican; Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 n ><LU Little Pi Pelic South Turtle Lake: Big Pine: Otter Tail County COLA, 4302 13"' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'" St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Rick Wilson, 609 West Lakeside Drive, 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print File 1Dated; March 25, 2021 Extra 5Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members PC Member 5 1 MinutesBy:Envelopes10 TOTAL NOTICES TO PRINT___22 Amy Busko ■'-hiP~| Added to Agenda I I Print out Findings of Fact Sheet Newspapers FFDJ & BL Review Map https://ottertailmn.sharepoint.com/sites/LandResources/Sh Bryon Affidavit (56-237) 04-08-21 .doex Buffer Parcels Addr 2Parcel No Addr 1 Citv St ZiD Maple Grove MN 55311 2651 Name 2Name 1 10000360243000 David R & Teresa Ann Anderson 7255 Polaris Ln Clitherall MN 56524 957810000360245000 Donald & Carol Stewart 16415 405th Ave Clitherall MN 56524 957810000360248000 Donald & Carol Stewart 16415 405th Ave Clitherall MN 56524 957916352 Stewart Oak Rd10000360248001 Kurt A Peterson Clitherall MN 56524 957810000990352000 Donald & Carol Stewart 16415 405th Ave Clitherall MN 56524 957810000990353000 Donald & Carol Stewart 16415 405th Ave Fergus Falls MN 56537 794010000990354000 Gregory E & Mary Jo Marcus 22441 290th St 10000990355000 Byron 8i Jana Sundbom 809 15th St S Fargo ND 58103 2546 Clitherall MN 56524 957910000990356000 Randy R & Robin L Mcintire 16430 Stewart Oak Rd Victoria MN 55386 973310000990357000 John J & Michelle M Kunze 1410 80th St 10000990358000 Mary L Nesseth 9255 Hill RdW \A/atertown MN 55388 9616 Watertown MN 55388 961610000990359000 Mary L Nesseth 9255 Hill RdW Champlin MN 55316 287610000990360000 Kevin L & Mandy R M Froemming 7221 115 1/2 Ave N Clitherall MN 56524 957910000990361000 Alan D & Janet D Niemann 16378 Stewart Oak Rd Clitherall MN 56524 957916352 Stewart Oak Rd10000990362000 Ku rt A Peterson Clitherall MN 56524 957916352 Stewart Oak Rd10000990363000 Ku rt A Peterson Page 1 of 1Monday. March 22. 2021 Buffer Mail Address iName Address 2 City, State, Zip David R & Teresa Ann Anderson 7255 Polaris Ln Maple Grove MN 55311 2651 Kevin L & Mandy R M Froemming 7221 115 1/2 Ave N Champlin MN 55316 2876 John J & Michelle M Kunze 1410 80th St Victoria MN 55386 9733 Gregory E & Mary Jo Marcus 22441 290th St Fergus Falls MN 56537 7940 Randy R & Robin L Mcintire 16430 Stewart Oak Rd Clitherall MN 56524 9579 Mary L Nesseth 9255 Hill Rd W Watertown MN 55388 9616 Alan D & Janet D Niemann 16378 Stewart Oak Rd Clitherall MN 56524 9579 Kurt A Peterson 16352 Stewart Oak Rd Clitherall MN 56524 9579 Donald & Carol Stewart 16415 405th Ave Clitherall MN 56524 9578 Byron & Jana Sundbom 809 15th St S Fargo ND 58103 2546 Monday, March 22, 2021 Page 1 of 1