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Home My WebLink About46000020004002_Variances_08-09-2018Variances 2 Barcode 128 &■■=] I'b SCANNED Date Stamp 1210620 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 08/21/2018 10:32 AM FEE: 46.00 PAGES 3 WELL CERTIFICATE REC D: N CNJ M RECEIVED JUL 0 2 2018 _AND&RESOURC o CD • ■X 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 Application Fee \TLCOMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date"^________ DAYTIMEPROPERTY OWNER \\s V-q.»A)o ...sr\PMAILING ADDRESS v\ irv O. LAKE NUMBER <3LQ LAKE NAME_MLAKE CLASS TOWNSHIP NAME ~Tck \ 12^TOWNSHIP RANGESECTION E-911 ADDRESS PARCEL I ■ NUMBER LEGAL DESCRIPTION a-HaLK£d TYPE OF VARIANCE REQUESTED (Please Check) structure Size V Sewage System Subdivision Cluster WECS Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. A 0<3l3C'\ Y\<5W\Clf£.\Osjw^CLSL_ ■UvW (I <\ VXwOOlS-T' N Y\ COO..S ^■Y\ :^<3xV..- 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. ISIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 3 t ■J- 9.A: 3^TimeDate Of Hearing Motion Dennis Locks - Variance application approved as requested. (6:38 p.m.) {.' ' ‘ i ' ■ — After discussion and consideration, Steve Schieren made a motion, seconded by Loren Bailey and carried with Darren Newville and Kenneth Vorderbruggen voting noj'ib approve'a variance of 5- 5” from the maximum 20’ allowable height of a non-dwelling structure for an existing non-dwelling structure having a height of 25’ 5”. Those voting,in opposition expressed^concern with establishing precedence, as well as noting that the structure does not fit the'^eneral character of the neighborhood. Those wting in support of the motion indicated thafthe applicant acted in good faith and that the benefit (burden) to the county by [requiring compliance would not be greater than the (burden) costs to the applicant. The variance as approved does not directly or indirectly grant any other variances for this project or for any future development. '.if ' ' ...........//' I !I / \ I 'Otter Tail County Board of Adjustment-‘- .Ghairm// T tr Permit(s) required jfrom Land & Resource Management Yes (Contact Land & Resource Management) ^__ No ! / Copy of Application Mailed'''t6 Applicant, Co. Assessonand the MN DNR L\R Official/Date bk 08232017-001 l#5Sl 364,738 • Victor Lundeen Co., Printers • Fergus Falls. MN • 1-800*346*4870 w I That part of the Northwest Quarter of the Northwest Quarter and Government Lot 1, Section 2, Township 134 North, Range 39 West, Otter Tail County, Minnesota described as follows: Commencing at the northwest corner of said Section 2; thence on an assumed bearing of North 89 degrees 48 minutes 28 seconds East along the north line of said Section 2 a distance of 88.76 feet to the easterly right-of-way line of State Trunk Highway No. 78; thence southerly 230.67 feet along said easterly right-of-way line on a non-tangential curve concave to the east having a radius of 11534.16 feet and a central angle of 1 degree 08 minutes 45 seconds to the point of beginning of the parcel to be described; thence South 1 degree 46 minutes 34 seconds West along said right-of-way line a distance of 104.46 feet; thence North 89 degrees 48 minutes 28 seconds East, parallel to the north line of said section, a distance of 2,305 feet, more or less to the shoreline of Buchanan Lake; thence northeasterly 119 feet, more or less, along said shoreline to a line drawn parallel to the north line from said point of beginning; thence South 89 degrees 48 minutes 28 seconds West along said parallel line a distance of 2399, more or less to the point of beginning. TOGETHER WITH a 20 foot wide easement for ingress and egress purposes over, under and across that part of the Northwest Quarter of the Northwest Quarter and‘ Government Lot 1, Section 2, Township 134 North, Range 39 West, Otter Tail County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner of said Section 2; thence on an assumed bearing of North 89 degrees 48 minutes 28 seconds East along the north line of said Section 2 a distance of 88.76 feet to the easterly right-of-way line of State Trunk Highway No. 78, being the point of beginning of the parcel to be described; thence southerly 230.69 feet along said easterly right-of-way line on a non-tangential curve concave to the east having a radius of 11534.16 feet and a central angle of 1 degree 08 minutes 45 seconds; thence South 01 degree 46 minutes 34 seconds West, tangent to the last described curve, along said right-of-way line a distance of 147.51 feet to the point of beginning of said centerline; thence South 89 degrees 57 minutes 11 seconds East a distance of 1934.66 feet; thence North 00 degrees 11 minutes 25 seconds West a distance of 275 feet and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to intersect the easterly right-of-way line of said State Trunk Highway No. 78. (111557213.PFD/111557213/14) IOtter Tail County, Minnesota 1168538 2 of 2 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 9, 2018 The Otter Tail County Board of Adjustment met Thursday, August 9, 2018, with the following persons in attendance: Douglas Larson Steve Schierer Kyle Westergard, Land and Resource Management Chris LeClair, Land and Resource Management - Director Kurt Mortenson, Assistant County Attorney Loren Bailey Dan'en Newville Thomas Lee Kenneth Vorderbruggen Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.in. Minutes Approved - The Board of Adjustment approved the minutes of the July 12, 2018 meeting as mailed. The Board of Adjustment considered the following applications for variance: Michael and Lynn Bleichner - Variance application approved as requested. (6:32 p.ni.) Michael and Lynn Bleichner, part of Govemment Lot 3, Section 8 of Rush Lake Township by Marion Lake, requested the following; Remove the Condition No. 3 (No docks/lifts) from 2002 Conditional Use Permit Approval. Requesting to place a dock and lift lakeside - Marion Lake - County Highway 49. The audience was polled with no one speaking for or against the variance as requested. A letter from Charles Grotte, Otter Tail County Highway Engineer in opposition to the variance as requested was read for the record. After discussion and consideration, Loren Bailey made a motion, seconded by Dairen Newn/ille and unanimously carried, to remove Condition No. 3 from the approved 2002 Conditional Use Pennit and to authorize the lakeside placement of a dock and lift. The variance as approved will provide the applicants with the ability to enjoy the same rights and privileges as other in this immediate neighborhood. It was noted that there are many situations like the applicants’ situation in this area. It was suggested that a speed zone study should be completed as public safety is a concern and perhaps a lower speed limit would be beneficial for this area. The variance as approved does not directly or indirectly grant any other variances for this property. Dennis Locks -- Variance application approved as requested. (6:38 p.m.) Demiis Locks, part of the Northwest Quarter of the Northwest Quarter and part of Government Lot 1, Section 2 of Otter Tail Township by Buchanan Lake, requested a variance of 5’ 5’' above the ordinance requirement of20’. A mistake was made when filling out the permit, the number was taken from the top of wall to peak. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Loren Bailey and carried with Darren Newville and Kenneth Vorderbruggen voting no, to approve a variance of 5’ 5” from the maximum 20’ allowable height of a non-dwelling structure for an existing non-dwelling structure having a height of 25’ 5’’. Those voting in opposition expressed concern with establishing precedence, as well as noting that the structure does not fit the general character of the neighborhood. Those voting in support of the motion indicated that the applicant acted in good faith and that the benefit (burden) to the county by requiring compliance would not be greater than the (burden) costs to the applicant. The variance as approved does not directly or indirectly grant any other variances for this project or for any future development. Karie Trupka - Variance application approved as requested with a condition. (6:49 p.m.) Karie Trupka, Lot 9 Minn-Kota Beach Second Addition, Dead Lake in Maine Township, requested the following: constmet a two (2) story attached garage, add second story to existing structure, Raise existing dwelling by six (6) feet, closet point to the lake is 80’ of required 200’. A previous variance 1992 was approved for the original cabin at 80’ from the lake. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Danen Newville made a motion, seconded by Keimeth Vorderbruggen and unanimously carried, to approve the variance as requested in the application dated July 9, 2018 and as depicted on the drawing submitted with the application with the condition that no more than 25% of the total eligible lot area can be covered with impendous surfaces. The variance as approved does allow the applicant to have more than 260 square feet of impeiwious surface within the shore impact zone. It was noted that the proposed development will be no closer to the ordinary high-water level than the existing development. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development. August 9, 2018Page I 1 of 5 SCALE DRAWING FORM ‘i^P&£'£LZ-X>OQ.'i 003^ Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements. OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). r ///I ^ ZooScale I'( 7o i nr I i I i!I •/ H I ^ V ^ c>- ! ( Lo'‘^\—6/zs Signature of Property Owner Date BK —032014 3KV • v« I;il ,1. r.rti«. • '/IS • IftiJii til “Ini' rVrTi IB D-7 SPRUCE \ SHiAKES VINYL PO PO ■ (D 00 ^ KM ^5M 5M M ^ ^ ra ■ O) Loeks Front Elevation Randy Henning Building Center ■ Notice of Hearing for Variance \IfOtter 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.usOTTER TAILsoattr-Dia«iieTa Applicant and/or applicant’s representative must be present at the scheduled hearing. .To Whom It May Concern: Dennis Loeks 6227 Annapolis Lane N Maple Grove, MN 55311-4257 I I has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail I County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordjnance| The Otter Tail County Board of Adjustment will assemble for this hearing on , ! Thursday, August 9, 2018 at 6:30 p.m.Ii !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 the Northwest Quarter of the Northwest Quarter and Part of Government Lot 1, F Property Address - 44201 Buchanan Point Road - 56571 f Section 2, Township 134, Range 39 - Township Name - Otter Tail Lake No. 56-209, Lake Name - Buchanan, Class - RD The variance requested is the following: A variance of 5’ 5” above the ordinance requirement of 20’. A mistake was made when filling out the permit, the number was taken from the top of wall to peak. i. Wi^ne Stein Board of Adjustment Secretary July 19, 2018 ! 1 (i ! I ..1. . 1 r ‘OTTER TAIL COUNTY Fergus Falls, Minnesota I 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 23rd, day of July, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Dennis L & Karen T Loeks, 6227 Annapolis LN N, Maple Grove, Mn 55311 4257 Greg Swanberg, Twp Clerk of Otter Tail, 41701 295'- St, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, 23674 W.Silyer Lake Rd, Battle Lake, MN 56515 Richard West, OTC Hwy Engineer, 505 S Court St Siiite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty 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 Loren Bailey, 37261 S Eagle Lake TrI, Battle Lake, MN 56515 i. I 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 23, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment /YlnjLA~^ynJyf’(^ [By: Vi Manderud ! ! 1! ! !! t ^i. RAYMOND I ALBERTY TST 34501 STATE HIGHWAY 78 OTTERTAIL, MN 56571-9448 DANIEL & ASHLEY ANONEN 33638 443RDAVE OTTERTAIL, MN 56571- DONALD P & CYNTHIA J BADE TST 1286 RIVERSIDE DR N MOMENCE, IL 60954-3452 !I JASON S BAKKO 44207 BUCHANAN POINT RD OTTERTAIL, MN 56571-9512 KIRK A & DEBRA R BUEHLER 44213 BUCHANAN POINT RD OTTERTAIL, MN 56571- KEVIN J & DAWN L CODE 44323 338TH ST OTTERTAIL, MN 56571-9568 BRIAN & MELISSA GRAFF 44327 338TH ST OTTERTAIL, MN 56571-9568 RICHARD & KAREN GRANT 44321 338TH ST OTTERTAIL, MN 56571-9568 DONALD J HEISLER IRREV TST 42263 COUNTY HIGHWAY 1 OTTERTAIL, MN 56571-9404 CONNIE M JENNINGS 44191 BUCHANAN PT OTTERTAIL, MN 56571-9512 CONNIE M JENNINGS ET AL 44191 BUCHANAN POINT RD OTTERTAIL, MN 56571-9512 DENNIS L & KAREN T LOEKS 6227 ANNAPOLIS LN N MAPLE GROVE, MN 55311-4257 OTTER TAIL CORPORATION PO BOX 496 FERGUS FALLS, MN 56538-496 JEFFERY E OTTO ET AL 9888 INDIGO TRLN ST PAUL, MN 55115-2159 DANIEL J PAULSON ET AL 804 NORTHWOOD DR DELANO, MN 55328-9236 JACK A & HEATHER ROSENTHAL 41766 FOURSQUARE RD BATTLE LAKE, MN 56515-9681 JOHN S UGSTAD ET AL 23431 COUNTY HIGHWAY 1 FERGUS FALLS, MN 56537-8158 LARRY D & KAREN WELLS 4720 SUGAR CREEK DR MELBOURNE, FL 32904-9703 I I