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Home My WebLink About47000300202005_Variances_11-13-2003Variances 2 Barcode 128 Il'l?>-20o3 9439S'«i OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 943982 this instrument #-----—;-----------was fiied/recorded In this office tor Wendy L. Metcalf, County Itecorderhr rf .Bd&ubr .recording fee .well certificate 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 COMPLETE THIS APPLICATION IN BLACK INK Application Fee or Receipt Number J325£l_^ Accepted By / Date bIr 4^1000-ioo ^ oas-E-911 ADDRESS S Prud'e/Zjso^ :5u^r\/c<i U>\~s of- <oL^/ lOo^ Lk- c4^ # 013509'^ fdJtCl/u AUAJ-OO tb \0piut LEGAL DESCRIPTIQl TYPE OF VARIAI^ REQUESTED (Please Check) structure Setback ^ Structure Size____Sewage System____ Subdivision Cluster Misc. SPECIFYVARIANCEREQUESTED^^ cx of left- 2>f c\a-e -io tUc.-fUx.-vc:) C/Y( (2_€X|U Q-f- P' uOkLck /-e^frtcrW {~rOfy^ c^Op-f -^^rCxYv Acxxd iOex^^ 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 MANAGEMENT REGARDING THIS MATTER. SIGNAtUkE OF PRO /D-I(d- 03 E OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ThjUUtii 71 u&l I / /i-iy-L-c ^yl-, r e y^ )^4tO 3y9 /-lo f/9 “^^4 <i<CIA-OoO '00/ ~C10^£PU<^ ^oo^ c^O^-oos> - CxD<^ ~ O / O y/ ^ r.^j(s) ......................' ’'—1^ ¥/f • cLu^ "d// Ooy -o/(^ z'2 5* (dujj-^ Date Of Hearing //' /3 Time / /y\ Motion James J. and Mary E. Bies - Approved as requested with a condition. (7:28 p.m.) Motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve the current location of the 30’ by 60’ structure with the condition that the applicants must present a registered surveyor’s drawing which documents that the structure is not within the road right-of-way. Permit(s) required from Land & Resource Management 3^ Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR ////7lo3 L R Official/Date bk 0903-001 315,694 * Victor Lundeen Co.. Printers « Fergus Falls, Minnesota November 13, 2003 Page # 2 Duane Jensen - Denied. (6:45 p.m.) Duane Jensen, Lot 5, Block 1, Birchwood River Estates, Otter Tail River in Aurdal Township, requested a variance of 20’ from the required top of bluff setback of 30’ for the construction of dwelling and an attached garage 10’ from the top of the bluff. Chairman Mann polled the audience with Ann Mathison expressing concerns with the possibility of erosion. Letters from George and Ann Mathison, Don Kleven and Karl Beck were presented for the record. After discussion and consideration, motion was made by Cecil Femling, second by David Trites and carried with Mark Steuart abstaining, to deny the variance as requested noting the extreme bluff and concerns for safety and earth moving. Michael and Dawn Ackley - Tabled. (6:53 p.m.) Michael and Dawn Ackley, Lots 4 and 5, Philip Burseth Beach First Addition, Wall Lake in Dane Prairie Township, requested a variance of 4” from the standard 24" separation between highest known water table and/or ordinary high water level at beginning elevation of mound. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to table this pubic hearing for additional information and for consideration of other alternatives until the December 3, 2003 Board of Adjustment meeting. J. Mike and Jan D. McNally - Approved as modified with conditions. (7:11 p.m.) J. Mike and Jan D. McNally, Lot 3, Block 3, Crystal Lida Beaches Subdivision of Lot 1, Block 3, Crystal Lake in Lida Township, requested a variance of 4.5" from the required side lot line setback of 10' and a variance of 9' from the required shore impact zone setback of 50’ for the proposed residential development as described in the variance application being 9’ 7.5" from the side lot line at its closest point and 41' from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve a variance of 59’ from the required ordinary high water level setback of 100’, a variance of 9’ from the required shore impact zone setback of 50’ and a variance of 4.5" from the required side lot line setback of 10’ for the placement of residential development 4T from the ordinary high water level, which is assumed to be the current setback of the existing house, excluding the deck, with the following conditions: 1.) the deck and rails cannot exceed 3’ in height, 2.) no more than 25% of the total lot area can be covered with impervious surfaces, 3.) the existing sunroom must be setback even with the front of the existing house and 4.) the existing shed must be placed in a location, which is at least 10’ from the side lot line and out of the shore impact zone. James J. and Mary E. Bies - Approved as requested with a condition. (7:28 p.m.) James J. and Mary E. Bies, Lot 5, Anderson Survey Lots of Government Lot 1, Section 30 of Otto Township by Rush Lake, requested a variance of 15’ from the required road right-of-way setback of 20’ for the placement of a structure 5’ from the road right-of-way. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve the current location of the 30’ by 60’ structure with the condition that the applicants must present a registered surveyor’s drawing which documents that the structure is not within the road right-of-way. Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern; James J. and Mary E. Bies 2132 5'^ Ave NW East Grand Forks, MN 56721 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, November 13, 2003, 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 5, Anderson Survey Lots of Government Lot 1, E911 Address - 46873 Jackson TrI. Section 30, Township 135, Range 38 - Township Name - Otto Lake No. 56-141, Lake Name - Rush, Class - GD The variance requested is: a variance of 10’ from the required road right-of-way setback of 20’ for the placement of a structure 10’ from the road right-of-way. Date: October 17, 2003 Wayne Stein Board of Adjustment Secretary 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 October, 2003 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; James J. and Mary E. Bies, 2132 5"^ Ave NW, East Grand Forks, Mn 56721 Russel Kadow, Twp Clerk of Otto, 38531 470''' Ave, New York Mills, MN 5667 Rush Lake Assoc., PO Box 42, Perham, MN 56573 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Fails, 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 David Trites, 707 Otter Ave N, Parkers Prairie, MN 56361 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: October 20th, 2003 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ACKNOWLEDGEMENT LAND & RhbuURCE I UNDERSTAND THAT THE ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT BE ABLE TO VIEW THE PROPERTY FOR WHICH A CONDITIONAL USE/VARIANCE HAS BEEN REQUESTED DUE TO SNOW COVER. AS A RESULT, IT MAY NOT BE POSSIBLE FOR OTTER TAIL COUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60 DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION. I UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT TO DENY THE APPLICATION. THEREFORE, I HEREBY AGREE TO WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY APPLICATION. /!) 0-^ DATED THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT & MCH FORMLTRS/6 0 DAYACK