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Home My WebLink About16000990551000_Variances_04-12-20180 7HDate Stamp 1205009 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 04/17/2018 11:50 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD: N ■ -■'T oiC-JO c:> C3D XH—O OD •f*3L&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 COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date MAILING ADDRESS LAKE NUMBER 9 LAKE NAME TOWNSHIP I 3 ^ RANGE DAYTIME PHONE H j <Z~ 3I &PROPERTY OWNER ^<LLAKE CLASS jyrji-A±L TOWNSHIP NAMESECTION 5',/e?/!/-/-E-911 ADDRESS PARCEL NUMBER //^/V7><0 G Sm /V!)/OcS> LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. lhe ^ i-a/fA^ t /tT/tre/- ClAmi)ev' o^t jLci~ \roQ.d Aa^c/ y PhoATs t ^5' Pho/u. 3S‘/b*^o‘ P souyCot ^ (Ld/iPVS AaJcP South dhe A<s,sS aA/y>^t:h (juoul<P he, oaJ ih^ /-orh. Y’PAt oa)L^ <^Le.(Liy',a 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. /^SKlNATURE OF PROPERTY OV^pTER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Hearing Time Motion Jyles A Moltzan - Variance application approved as modified. (6:32 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve the placement of an 8’ by 36’ self-contained camper at least 10’ from the side lot line, at least 20’ from the road right-of-way and at least 50’ from the ordinary high-water level. Hardship/practically difficulty is a substandard lot of record, water on two sides of the property and the placement of the road. The variance as approved does not directly or indirectly grant any other variances for proposed or future developmeilt of Lot 1 Silent Point. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management )( Yes (Contact Land & Resource Management) No Irryuj^uilLo LR Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 08232017-001 %4.736 • Victor Lundeen Co., Pnrtters • Pergus Falls. MN • i •800>346*4d70 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 12, 2018 The Otter Tail County Board of Adjustment met Thursday, April 12, 2018, with the following persons in attendance: Rod Boyer Steve Schierer Denise Gubrud, Land and Resource Management Kurt Mortenson, Assistant County Attorney Thomas Lee Darren Newville 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 - I’he Board of Adjustment approved the minutes of the March 8, 2018 meeting as mailed. The Board of Adjustment considered the following applications for variance: Jyles A Moltzan - Variance application approved as modified. (6:32 p.m.) Jyles A. Moltzan, Lot 1 Silent Point, West Silent Lake in Dora Township, requested the following: The substandard lot camiot meet normal setback. Therefore, I need a variance to place an 8’ by 36’ self-contained camper on lot 45' from shoreline, 38 to 40’ from road and 8’ from south lot line. 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 Thomas Lee and unanimously carried, to approve the placement of an 8" by 36’ self-contained camper at least 10’ from the side lot line, at least 20’ from the road right-of-way and at least 50’ from the ordinary high-water level. Hardship/practically difficulty is a substandard lot of record, water on two sides of the property and the placement of the road. The variance as approved does not directly or indirectly grant any other variances for proposed or future development of Lot 1 Silent Point. Mitchell and Roberta Tompkins - Denied (6:45 p.m.) Mitchell and Roberta Tompkins, Lot 14 Block 1 Oak Shores, Buchanan Lake in Rush Lake Township, requested the following: Proposed 15’ by 32’ addition onto existing cabin will have one corner (NE) of addition being 6’ from east property line. Also, SE comer of addition will be 70’ from high water mark. The audience was polled with Brian Wittich speaking for the variance as requested. After discussion and consideration, fhomas Lee made a motion, second by Darren Newville and carried with Steve Schierer and Kenneth Vorderbruggen voting no, to deny the variance as requested as no adequate hardship/practical difficultly unique to the property had been shown that would allow for the granting of the variance as requested, a reasonable use of the property can be obtained without the granting of the variance as requested and it was noted that the proposed placement is to close to both the side lot line and the ordinary high water level. Those voting against denial noted the shape of the lot and the placement of the existing structure as reasons to consider granting some relief from the required setbacks. Paul and Robyn Bakkeii - Denied (7:05 p.m.) Paul and Robyn Bakken, Lots 8 and 9 Augustana Beach First Addition, Otter Tail Lake in Amor Township, requested the following: We would like to request a variance of 8’ from the lot line so that we are able to build our garage 2’ from the lot line. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration. Rod Boyer made a motion, second by Darren Newville and carried with Steve Schierer voting no, to deny the variance as requested as no adequate hardship/practical difficulty unique to the property has been shown that would allow for the granting of the variance as requested and other alternatives not requiring the granting of any variances or the granting of lessor variances exist and those alternatives would provide the applicants with a reasonable use of their property. John Ferguson - Variance application approved as modified with a condition. (7:20 p.m.) John Ferguson, Lots 3 and 4 Clear Beach Resort, Fish Lake in Aurdal Township, requested the following: Variance for setback of dwelling, driveway, shed and parking. Proposing to place structures 40’ from ordinary high-water level, required setback is 200’. Requesting 2,672’ for building and impervious surfaces within the shore impact zone. Prior approval for 850’ at June 8, 2017 Board of Adjustment meeting. Rachel Ferguson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. Page I 1 : ' ! 1 : ! :II[\i!i >i -i ; ! I ; i ! i>0 On ^ ^ logo I 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, drainfieids, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. /"/:<^S I %[-Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) 1 i ; ,t !i . t, I i - *i I I!1 I i 1I :|!M!i !|i!i T i tI ii ; ■rn'I IT I jiIi;I:!I I I I f -Mi!!Ii '!i II i !I i I i!IIIi Ii iit-![!I i-^I II!!;*\\;j U I V"-H I—i i-x -iiI TIT!J.1 —4 rti1I i !i. ! ■ ■[)TVtI i :m..I " I-:,L!I I • I i '!I ; pr I \ I J I i !:IiiI !!• i 1i1 I------■i.Pi—i—j --II Ii4--f r I H I i i ' i ^ ;li it !! , I1 I I!;!!i f I !:: I ! -i. !II"!!!Ii I! i II !i III tII,I I ;:d-ii.-i-L-4--!•t■T' i1I Ii litiii ■ 1.i;i f !i f;i iTn I;f 1:I I'T)i1 I!i iiM;!! ^ .T;I (1ii I .!^I'i t !i SJ-"rTJ■vJ"1 1-I i I 1j..i!i 1;i !i i !1i !!1 ><::t J:i ]i.t i ii• : ^;:!—I—I • —I-T m;iI'!!N i !;:i ; ; , ■ I ! ; I 1 !1 ;1! II1i:nI^ i ! Hi I Cl • i i !1I1i!i i !Ii 11'1—+■‘4‘~ T’j' j””f PT^! m■ ' M h -Mil I Ii V;:i !Ni"N,/'i j- i ; i I■ I I >«Pii■ M 'I 1I.1. 1 \ !I i)II[ 1i.r ;Ii 1 N•IIIi1rr ■ I11:!i !\i 1.:i iI[i T\i \i1f ■'i.)•,'t^i i L! , -■)1 i I -! ! i i;i r I1 II i t. M :II i IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft^Structure(s): o Ft2Deck(s): Ft2Driveway(s): o Ft2Patio(s): Ft2Sidewalk(s); Ft2Stairway(s): O R2Retaining Wall(s): o Ft2Landscaping; (Plastic Barrier) Other;Ft2 Ft2TOTAL IMPERVIOUS SURFACE; Ft2LOT AREA: ^3X100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO 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.usOTTER TAIL«»«4tr-DisjiieT« Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: . Jyles A. Moltzan 2102 le'^' StS Moorhead, MN 56560 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, April 12, 2018 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 Lot 1 Silent Point, Property Address - Silent Acres Drive - 56528 Section 31, Township 136, Range 31 - Township Name - Dora Lake No. 56-519, Lake Name - West Silent, Class - RD The variance requested is the following: The substandard lot can not meet normal setback. Therefore, I need a variance to place an 8’ by 36’ self-contained camper on Lot 45’ from shoreline, 38 to 40’ from road and 8’ from south lot line. Setbacks of existing cabins North and South are less than the camper would be. Camper only needs electricity which is on the lot. Stein Board of Adjustment Secretary March 22, 2018 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 26th, day of March, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jyles A Moltzan, 2101 16*'’ST S, Moorhead,MN 56560 Gregory Meyer, Twp Clerk of Dora, 33111 State HWY 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 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 Darren M Newville, 614 6**’ St NE, Perham, MN 56573 Rod Boyer, 51127 E Wymer LK 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: March 26th, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment ' fWou^By: Vi Manderud / CHESLEY TST 5528 BISHOPS BLVD S UNIT C FARGO, ND 58104-7294 JOE E CHESLEY ET AL 201 BLUFF ST ENDERLIN, ND 58027-1113 JEFFREY C & LORI J BOOTH 28566 SILENT DR W DENT, MN 56528- RICK M & CAROL A FROVARP 91641ST AVES MOORHEAD, MN 56560-7438 FJERSTAD TST 40372 SILENT ACRES DR DENT, MN 56528-9023 RICHARD DOMBECK PO BOX 789 HAWLEY, MN 56549-789 LISA JORGENSON 4969 I60TH STNW CLEARWATER, MN 55320-2111 LARRY & SUZANNE LYNN LEABO 40172 SILENT ACRES DR DENT, MN 56528-9059 WILLIAM D & SHARON R HOVERSON 4031 32ND STSW FARGO, ND 58104-6649 STATE OF MINNESOTA PO BOX 45 SAINT PAUL, MN 55155^045 JYLES A & BERNICE MOLTZAN 2102 16TH STS MOORHEAD, MN 56560-5817 CAROL L MICK TST 2375 GRANITE VIEW RD WAITE PARK, MN 56387-2033 WILLIS E & PAMELA J THOMPSON 40144 SILENT ACRES DR DENT, MN 56528-9059 ROBERT T & DEBRA L TESTER 10540 TOWN LINE RD HIBBING, MN 55746- . \ OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAlL.MN.USOTTCR Tflil GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF ^O-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 snow cover, the Planning Commission Members and/or the Board of Adjustment Meijibers may not be able to view my property/project (Tax Parcel # /^00099 !Oao ), described Application(s) datedj.on my Jj \ 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). Check 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), DATED PROPERTY OW LR: Forms; Waiver 60 Day Rule 02-21-2017