HomeMy WebLinkAbout16000990460000_Variances_05-12-20161174434
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
05/18/2016 10:05 AM
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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
• oo4 ^Application Fee
Zo/<c-^/<pCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
Sewage SystemStructure Setback Structure Size Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBUC NOTIFICATION. ____
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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.
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SIGNATURE 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)• U •
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pcV /"/>?My /XDate Of Hearing Time
Motion
Andy and Leanne Magnotto - Vo.v^tiJOC-€ rVf5pl\t«,tnoo /ipptt\>^cl fis U/’i+lo 0 Conti ih^n.
After discussion and consideration, Paul Larson made a motion, second by Steve Schierer and unanimously carried, to
approve the construction of 7.5’ by 14’ boathouse at least 10’ from the lot line, at least 8’ further back than the existing
boathouse (as depicted on the drawing) and having an overall height of 10’ or less. It was noted that the proposed
structure is smaller than the existing structure and the variances as approved will keep the structure out of the water.
The variances as approved do not directly or indirectly grant any other variances for the proposed development.
Chairman/Ofter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
1 Yes (Contact Land & Resource Management)
No
7 lR Official/DafeCopy 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 - >vstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER TRII
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Andy and Leanne Magnotto
2534 S University Drive
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 and/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, May 12, 2016 at 7:00 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 50 Block 1 Crystal Beach,
Property Address - 33461 Charlie Trapp Road
Section 24, Township 136, Range 41 - Township Name - Dora
Lake No. 56-356, Lake Name - West McDonald, Class - RD
The variance requested is -
the following: Existing boathouse sits in lake setback and lake. We would like to rebuild the boathouse 4’ back (out of
the water) and 4’ smaller than the existing footprint. It is currently 7.5’ by 18’ and we are proposing 7.5’ by 14’. We
would also repair the rip-rap at the same time. At the end of the day, we would be 8’ back from the current face.
Per phone conversation with agent for owner Chris Hawley on 4/19/2016. The 7.5’ by 14’ Boathouse (WOAS) will be
approximately 1’-2’ from south property line. Approximately 40’ - 42’ from north property line. Also, boathouse will be
approximately 56’ - 58’ from Brown Lake and approximately 6’ - 8’ from West McDonald Lake.
W(^ne Stein
Board of Adjustment Secretary
April 21, 2016
Peter Knapp and Colleen Obrien - Variance application approved as requested with a condition. (7:05 p.m.)
Peter Knapp and Colleen Obrien, Lots 14, 15, 16, 17, 18 and 19, Thomas Addition to Nirvana, East Battle
Lake in Girard Township, requested the following: We are asking for a variance from the required 100 foot
setback to replace a structurally deficient cabin. The current cabin is 40’ from the high water line (as
measured by a land and resource site inspection) and we would replace it in the current footprint.
In addition we want to replace a boat house that is also structurally deficient with a new boat house. It will
be “built as is” with the exception that it will be moved approximately 2 feet to the east as the current boat
house crosses several inches on to the neighboring property. The audience was polled with Doug Ortloff
expressing concerns with the requested variance for the boathouse. After discussion and consideration,
Thomas Lee made a motion, second by Ward Uggerud and unanimously carried, to approve a variance of
60’ from the required ordinary high water level setback of 100’ for the replacement of a structurally
deficient cabin 40’ from the ordinary high water level as depicted on the drawing submitted with the
variance application and to approve the variances necessary to replace a structurally deficient boathouse
with a new boathouse being at least 10’ from the lot line, at least 2’ back from the ordinary high water level
(out of the water), at least 2’ shorter than the existing boathouse and having an overall height of 10’ or less.
The variances as approved do not directly or indirectly grant any other variances for the proposed
development.
Joseph Fritz - Tabled (7:20 p.m.)
Joseph Fritz, Lot 2 Block 1 Adam’s Addition, Dead Lake in Dead Lake Township, requested the following:
Variance of 80 feet from required 200 foot setback for placement of dwelling and non-dwelling structure at
120 feet from ordinary high water level to avoid wetlands. Paul Richards and Andrea Fritz appeared with
the applicant at the public hearing. The audience was polled with the following individuals addressing the
applicant’s request: Dennis and Carolyn Reynolds, Tim Sullivan and Dennis Hanselman. Letters and
emails from the following individuals were read for the record: Curt Adams, Jack and Donna Galvin,
Dennis Hanselman, Acting Chairman of the Dead Lake Association, Cheryl Harris, Michael and Judy
Herzog, Dennis and Connie Loecken, Carey C. Lund, Diane Matejka-Lund, and Dennis Reynolds. It should
be noted that some of the letters also contained photographs. The letters and emails referenced above are
available for public inspection at the Land and Resource Department. Concern was expressed with
obstructing the view from the neighboring property, with the wetland determination and the need to require
a 200’ setback. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and
unanimously carried, with the verbal approval of the applicant, to table this hearing until the June 9, 2016
meeting for additional review and explanation from the Land and Resource Department regarding the area
on the applicant’s lot that has been classified as a wetland. If after this additional review the area is still
determined to be a wetland additional information regarding alternatives should be provide and discussed
(wetland bank etc.). The Dead Lake Association requested that they be contacted and allowed to be in
attendance when the Land and Resource Department reviews the applicant’s property.
Andy and Leanne Magnotto -Variance application approved as requested with a condition. (8:04 p.m.)
Andy and Leanne Magnotto, Lot 50 Block 1 Crystal Beach, West McDonald Lake in Dora Township,
requested the following: Existing boathouse sits in lake setback and lake. We would like to rebuild the
boathouse 4’ back (out of the water) and 4’ smaller than the existing footprint. It is currently 7.5’ by 18’
and we are proposing 7.5’ by 14’. We would also repair the rip-rap at the same time. At the end of the day,
we would be 8’ back from the current face.
Page 1 2
Andy and Leanne Magnotto - Continued
Per phone conversation with agent for owner Chris Hawley on 4/19/2016 the 7.5’ by 14’ Boathouse
(WOAS) will be approximately l’-2’ from south property line. Approximately 40’ - 42’ from north
property line. Also, boathouse will be approximately 56’ - 58’ from Brown Lake and approximately 6’ - 8’
from West McDonald Lake. The audience was polled with no one speaking for or against the variance as
requested. Chris Hawley, Architect represented the applicants at the public hearing. After discussion and
consideration, Paul Larson made a motion, second by Steve Sehierer and unanimously carried, to approve
the construction of 7.5’ by 14’ boathouse at least 10’ from the lot line, at least 8’ further back than the
existing boathouse (as depicted on the drawing) and having an overall height of 10’ or less. It was noted
that the proposed structure is smaller than the existing structure and the variances as approved will keep the
structure out of the water. The variances as approved do not directly or indirectly grant any other variances
for the proposed development.
Kevin and Debra Amunrud - Variance application approved as requested. (8:10 p.m.)
Kevin and Debra Amunrud, part of Government Lot 1, Section 8 of Edna Township by Grunard Lake,
requested the following: Setback for natural environment lake non-dwelling is 200’ from ordinary high
water level. This lot is 205’ deep from lake. Would request a variance to allow garage 20’ by 24’ to be
built within 140’ from ordinary high water level. The audience was polled with no one speaking for or
against the variance as requested. The applicants’ noted that they were requesting an 18’ by 24’ garage as
depicted on their drawing and not a 20’ by 24’ garage as stated in the application. After discussion and
consideration, Steve Sehierer made a motion, second by Ward Uggerud and unanimously carried, to
approve a variance of 60’ from the required ordinary high water level setback of 200’ for the construction of
an 18’ by 24’ garage 140’ from the ordinary high water level. The hardship/practical difficulty is a
substandard lot or record. The proposed structure will provide the applieants with a reasonable use of their
property. The variance as approved does not directly or indirectly grant any other variances for the
proposed development.
Tyler Currie - Variance application approved as requested. (8:13 p.m.)
Tyler Currie, part of Lot 35 and all of Lot 36 Eldorado Beach, Otter Tail Lake in Amor Township, requested
the following: Proposing to replace the existing dwelling being 50’ from the ordinary high water, being no
closer than the existing dwelling. Requesting a 25’ variance, 75’ setback required. Also proposing to add
14’ by 16’ deck being 50’ from ordinary high water level. Requesting 25’ variance, 75’ setback required.
Reuse existing foundation for new house. Variance was previously approved on November 12, 2015 for a
single story would like to make it a two story dwelling. Mike K. with Woessner Construction represented
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, Paul Larson made a motion, second by Thomas
Lee and unanimously carried, to approve the variance as requested in the variance application dated April
19, 2016 and as depicted on the drawing submitted with the application. It was noted that the Thursday,
November 12, 2015 variances were approved for a single story dwelling. The only change from the
November 12, 2015 hearing is the applicant is proposing a two story dwelling. The variances as approved
do not directly or indirectly grant any other variances for the proposed development.
May 12,2016Page I 3 c:A?;nEo
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 25th, day of April, 2016 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Andrew and Leanne Magnotto, 2534 S University DR, Fargo, ND 58103 2724
West McDonald Lake Assoc., PO Box 70, Vergas, MN 56587
Gregory Meyer, Twp Clerk of Dora, 33111 State Highway 108, 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
Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Richard Gabe, 25826 County Highway 20, Detroit Lakes, MN 56501
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 25th, 2016
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
/ ] Ire ABy:
Vi Manderud
V -
ANI'HONY moorhouse etal
33578 CHARLIE TRAPP RD
DENT, MN 56528 9012
ANDREW & LEANNE MAGNOTTO
2534 S University Dr.
FARGO, ND 58103 2724
ROBERT M & ERICA J HAGEMAN
4623 BEACH LN S
FARGO, ND 58104 6003
JASON &. MAIRA HUBER
732 15TH AVE E
WEST FARGO, ND 58078 4020
GWENDOLYN VAGLE
33491 CHARLIE TRAPP RD
DENT, MN 56528 9012
ANDREW & LEANNE MAGNOTTO
910 8TH STS
FARGO, ND 58103 2724
DARLE MILLER
2007 MAIN AVE E
WEST FARGO, ND 58078 2209
DARLE R& MELVAJ MILLER
2007 MAIN AVE E
WEST FARGO, ND 58078 2209
ANDREW J & TINAS VAGLE
1805 163RD LN NE
HAM LAKE, MN 55304 5402
BARBARA] DUBS
33525 CHARLIE TRAPP RD
DENT, MN 56528 9012
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