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Home My WebLink About53000270203000_Variances_04-09-2009Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that 0 S 4*71.8 this instrument #. 1054718 was filed/recorded in this officefor record on the / ^__^day of/ViT [J 2009 at THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED 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 MAR 09 2009 LAND & RESOURCE $370.00Application Fee Receipt Number / ^ Accepted By / Date (402)689-0835 cell COMPLETE THIS APPLICATION IN BLACK INK Deborah & John Garner ____________________DAYTIME PHONE 6712 Heartwood Rd., La Vista, NE 68128 PROPERTY OWNER MAILING ADDRESS 56021400 Round Lake LAKE CLASS GDLAKE NAMELAKE NUMBER SECTION 27 TOWNSHIP 135 RANGE 039 TOWNSHIP NAME RUSHLAKE 43637 Hidden Trail Ottertail, MNR53000270203000E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION Lot Seven (7), beginning at a point Eight Hundred Fifty-Seven (857) feet East of the Southwest corner of the Northwest Quarter of the North-East Quarter (NWi of NEi). Section Twenty-seven (27), Township One Hundred Thirty-Five (135), Randy Thirty-nine (39); thence North 35°35' West Six Hundred Thirty (630) feet to the shore line of Round Lake; thence (over) TYPE OF VARIANCE REQUESTED (Please Check)X Cluster Misc.Structure Size Sewage System SubdivisionStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. SEE ATTACHED 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 THJS MATTER. 3-5-nq DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING RECEIVED APR 16 auil (Applicant Will Receive Notification As To The Date/Time Of Hearing) ^AND & RESOURCE NORTH-EASTERLY ALONG SAID SHORE LINE SiXTY-TWO (62) FEET; THENCE SOU?H 36°12' East Six Hundred Seventy (670) feet; Thence West Eighty-five (85)FEET TO THE PLACE OF BEGINNING, CONTAINING ONE (1.0) ACRE, MORE OR LESS; - TOGETHER WITH ALL HEREDITAMENTS AND APPURTENANCES BELONGING THERETO. 7^-094-Date Of Hearing Time Motion Deborah and John Garner - Approved the application as modified. (6:43 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Rick Wilson and unanimously carried, to approve the placement of either a 16' wide by 40’ long structure or a 20’ wide by 30’ long structure 7’ of the easterly lot line (3’ variance) with the northerly side of the proposed structure in the location as identified on the drawing dated March 9, 2009, which was submitted with the applicants’ variance application. The hardship/practical difficulty is the ingress/egress road which divides the applicants’ property both vertically and horizontally preventing the applicants from enjoying the same rights and privileges as other in this immediate area could enjoy if they decided to construct a storage building on the back portion of there property. Chairman/OtterTail County Board o^djustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R Official/Date'Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls. Minnesota MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 9, 2009 The Otter Tail County Board of Adjustment met Thursday, April 9, 2009, with the following persons in attendance: Michael Harris Randall Mann Paul Larson Steve Schierer Scott Ellingson, Land and Resource Management Denise Gubrud, Land and Resource Management Chris Stuber, Assistant County Attorney Thomas Lee Rick Wilson Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 6;30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the February 5, 2009 meeting as mailed. The Board of Adjustment considered the following applications for variance: Darryl and Deb Hirsch - Tabled (6:31 p.m.) Darryl and Deb Hirsch, Lots 69 and 70 Midland Beach, Little Pelican Lake in Dunn Township, requested a variance of 66’ from the required ordinary high water level setback of 100' and a variance of 5’ from the required lot line setback of 10’ for the placement of a 26’ by 26’ garage 34' from the ordinary high water level and 5’ from the south property line. Jeanna, the applicant’s daughter appeared at the public hearing with her father. 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 Paul Larson and unanimously carried, with the applicant’s verbal permission, to table this request until the next scheduled meeting of the Board of Adjustment to provide the applicants with an opportunity to consider other alternatives (size and location) that would keep the proposed development out of the shore Impact zone and that would limit impervious surface coverage for the proposed development (structure and driveway) to 25 percent or less. It was noted that the applicants already have one structure within the shore impact zone. It was also noted that the applicants’ property is a substandard lot of record, which might not support the development being proposed. and John Garner - Approved the application as modified. (6:43 p.m.) Deborah and John Garner, Sub Lot 7 of Government Lot 3, Section 27 of Rush Lake Township by Round Lake, requested the following: This application for variance is an amendment to the variance request approved at the 10/2/08 Board of Adjustment meeting. It is still our intention to demolish and remove the existent cabin and garage in Area “A” with no variances required. After another survey was completed delineating the Rush Lake Township cart way, the approved variance requests are now only partially accurate for placement of the garage in Area “C”. The garage will still be placed In the same area as initially proposed, but will now be downsized to 20' by 40’. Also note the existent road (in yellow) within the designated cart way. We will still accept the approved 3’ variance from the 10’ minimum structure setback on the east lot line, the 13’ variance from the 20’ setback from the cart way on the NW Corner of the garage, and the 12' at point “D" (on plan); however, we’ve adjusted the other requests as follows: Option 1 - (1) a 20’ variance from the 20’ setback from the cart way on the SW corner of the garage, and (2) a “varying” variance from the 20’ minimum setback of the cart way for the N side of the garage, ranging from 12’ at point “D” (on plan) down to 6’ at point “E” (on plan). Because Option 1 provides for no room between the legal edge of the cart way and the SW corner of the garage, the following second option allows us to move the garage closer to the east lot line. Option 2 - We would still accept the 13’ variance from the 20’ setback from the cart way on the NW corner of the garage, and the 12’ at point "D” (on plan). The variance requests would be adjusted to: (a) a 6’ variance from the 10’ minimum structure setback on the east lot line, (b) a 16’ variance from the 20’ setback from the cart way on the SW corner of the garage, and (c) the requested variance (2) from the above-mentioned Option 1. Katrina L. Wass, Attorney, represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Carole Baker expressing concerns with the variance application was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Rick Wilson and unanimously carried, to approve the placement of either a 16' wide by 40' long structure or a 20’ wide by 30’ long structure 7’ of the easterly lot line (3’ variance) with the northerly side of the proposed structure in the location as identified on the drawing dated March 9, 2009, which was submitted with the applicants’ variance application. The hardship/practical difficulty is the ingress/egress road which divides the applicants’ property both vertically and horizontally preventing the applicants from enjoying the same rights and privileges as other in this immediate area could enjoy if they decided to construct a storage building on the back portion of there property. This application for variance is an amendment to the variance request approved at the 10-2-08 BOA meeting. It is still our intention to demolish and remove the existent cabin and garage in Area A with no variances required. After another survey was completed delineating the Rush Lake Township cartway, the approved variance requests are now only partially accurate for placement of the garage in Area “C", The garage will still be placed in the same area as initially proposed, but will now be downsized to 20’ X 40’. Also note the existent road (in yellow) within the designated cartway. We will still accept the approved 3’ variance from the 10’ minimum structure setback on the east lot line, the 13’ variance from the 20’ setback from the cartway on the NW corner of the garage, and the 12’ at point ‘ D (on plan); however, we’ve adjusted the other requests as follows: Option 1 (1) a 20’ variance from the 20’ setback from the cartway on the SW corner of the garage, and (2) a “varying” variance from the 20’ minimum setback of the cartway for the N side of the garage, ranging from 12’ at point “D ” (on plan) down to 6’ at point “E” (on plan). Because OPTION 1 provides for no room between the legal edge of the cartway and the SW corner of the garage, the following second option allows us to move the garage closer to the east lot line. OPTION 2 We would still accept the 13’ variance from the 20’ setback from the cartway on the NW corner of the garage, and the 12’ at point D ” (on plan). The variance requests would be adjusted to: (a) a 6’ variance from the 10’ minimum structure setback on the east lot line, (b) a 16’ variance from the 20’ setback from the cartway on the SW comer of the garage, and (c) the requested variance (2) from the above-mentioned OPTION 1. RECEIVED APR 1 6 200!j tAND a RESOLIRCF DETAIL B SCALE: I INO-I = ^ FEET LAKE TONNSNIP\CARTHAY C(fDOR3' hfIDE RUl OF DOC. NO.\6<=k>4l5I4CFI IN EXHIBITBLISNED AS ! ( V. A.<? '^Jl zlAcr '7 <P± /j ^ ,y(LuX /f^ h^S ^£4^ /y^-' n ' -,i . ( ^ . O J:^^^ ^^£C/~ey<JL----. 'H.<y'P'^£llyy^L^-jXy <T' 4X ^JCf4^^^^/tAyi^yCd4£(yd^£^^ yfi'6L^ ? ■ . ^7 c di^^Qyt4Ay(s^ocA^^juid (/ <5^- ^Ttd^i/dX \^ aX ycgy^^^ff^ - ’/ /^Xc^ d^ di^!ny^'iX4x RECEIVED MR 2 6 2009 Notice of Hearing for VarianceUl ItK IAILUU.AUUIIOR FERGUS FALLS, MN Otter Taii County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertaii.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Deborah and John Garner 6712 Heartwood Road La Vista, NE 68128 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, 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 9, 2009 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 Sub Lot 7 of Government Lot 3, Property Address - 43637 Hidden Trail Section 27, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-214, Lake Name - Round, Class - GD The variance requested is - the following: This application for variance is an amendment to the variance request approved at the 10/2/08 Board of Adjustment meeting. It is still our intention to demolish and remove the existent cabin and garage in Area "A” with no variances required. After another survey was completed delineating the Rush Lake Township cartway, the approved variance requests are now only partially accurate for placement of the garage in Area “C". The garage will still be placed In the same area as initially proposed, but will now be downsized to 20’ by 40'. Also note the existent road (in yellow) within the designated cartway. We will still accept the approved 3' variance from the 10’ minimum structure setback on the east lot line, the 13' variance from the 20’ setback from the cartway on the NW Corner of the garage, and the 12' at point “D” (on plan); however, we’ve adjusted the other requests as follows: Option 1 - (1) a 20’ variance from the 20’ setback from the cartway on the SW corner of the garage, and (2) a “varying” variance from the 20’ minimum setback of the cartway for the N side of the garage, ranging from 12’ at point “D” (on plan) down to 6’ at point “E” (on plan). Because Option 1 provides for no room between the legal edge of the cartway and the SW corner of the garage, the following second option allows us to move the garage closer to the east lot line. Option 2 - We would still accept the 13' variance from the 20’ setback from the cartway on the NW corner of the garage, and the 12’ at point “D” (on plan). The variance requests would be adjusted to : (a) a 6’ variance from the 10’ minimum structure setback on the east lot line, (b) a 16’ variance from the 20’ setback from the cartway on the SW corner of the garage, and (c) the requested variance (2) from the above-mentioned Option 1. Wayne Stein, Board of Adjustment SecretaryDate: March 12, 2009 Notice of Hearing for Variance Otter Taii County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or appiicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Deborah and John Garner 6712 Heartwood Road La Vista, NE 68128 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, 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 9, 2009 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 Sub Lot 7 of Government Lot 3, Property Address - 43637 Hidden Traii Section 27, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-214, Lake Name - Round, Ciass - GD The variance requested is - the following: This application for variance is an amendment to the variance request approved at the 10/2/08 Board of Adjustment meeting. It is still our intention to demolish and remove the existent cabin and garage in Area “A" with no variances required. After another survey was completed delineating the Rush Lake Township cartway, the approved variance requests are now only partially accurate for placement of the garage in Area “C”. The garage will still be placed in the same area as initially proposed, but will now be downsized to 20’ by 40’. Also note the existent road (in yellow) within the designated cartway. We will still accept the approved 3’ variance from the 10’ minimum structure setback on the east lot line, the 13’ variance from the 20’ setback from the cartway on the NW Corner of the garage, and the 12’ at point “D" (on plan); however, we’ve adjusted the other requests as follows: Option 1 - (1) a 20’ variance from the 20' setback from the cartway on the SW corner of the garage, and (2) a “varying” variance from the 20' minimum setback of the cartway for the N side of the garage, ranging from 12’ at point “D" (on plan) down to 6’ at point “E" (on plan). Because Option 1 provides for no room between the legal edge of the cartway and the SW corner of the garage, the following second option allows us to move the garage closer to the east lot line. Option 2 - We would still accept the 13’ variance from the 20’ setback from the cartway on the NW corner of the garage, and the 12’ at point “D” (on plan). The variance requests would be adjusted to : (a) a 6’ variance from the 10’ minimum structure setback on the east lot line, (b) a 16’ variance from the 20’ setback from the cartway on the SW corner of the garage, and (c) the requested variance (2) from the above-mentioned Option 1. Wayne Stein, Board of Adjustment SecretaryDate: March 12, 2009 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 16th, day of March, 2009 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment John L & Deborah L Garner, 6712 Heartwood Rd, La Vista, NE 68128 7080 Rose Stoll, Twp Clerk of Rush Lake, 38141 430*'^ Ave, Perham, MN 56573 Round Lake Assoc., % Pat Garza, 35854 County Highway 72, Battle Lake, MN 56515 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 Terry Lejcher, 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, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Rick Wilson, 609 W Lakeside Dr, 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, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: March 16th, 2009 Wayne Stein, Secretary Otter Tail County Boar^f Adjustment By: Vi Manderud DENNIS & CARMEN ARCHBOLD 609 CLEVELAND ST ENDERLIN ND 58027 1357 ROBERT & DONNA ANDERSEN 43677 HIDDEN TRL OTTERTAIL MN 56571 9424 CAROLYN JOAN ALBERTS 35820 STATE HIGHWAY 78 OTTERTAIL MN 56571 9445 THOMAS J & SHARON ARCHBOLD 93 23RD AVE N FARGO ND 58102 2024 JACK & CAROLE BAKER 600 KNOLL DR NORWALK lA 50211 1405 THOMAS J ARCHBOLD 519 ROOSEVELT ST ENDERLIN ND 58027 1348 RICHARD D SR & LEONE CLARENS 417 24TH AVE N FARGO ND 58102 1930 WILLIAM DIEDERICH ET AL 7216 ONTARIO ST OMAHA NE 68124 3560 JOHN D BIERWIRTH ETAL 354 SHORE CIR N WINDSOR CO 80550 2614 JOHN L & DEBORAH L GARNER 6712 HEARTWOOD RD LA VISTA NE 68128 7080 TERRANCE A DILLING ET AL 8011 131STSTW SAINT PAUL MN 55124 9706 JUDITH DILLINGER ETAL PO BOX 759 LAKE PARK lA 51347 0759 DONNA KAVANAUGH TST 1230 ELM ST N FARGO ND 58102 2703 DIANE M MCLEOD & PAUL JEFFERS 8 COTTONWOOD LN SEAL BEACH CA 90740 5969 LYLE JANZ ET AL 13640 49TH ST SE ENDERLIN ND 58027 9531 STEVE & ANDRIA NELSON 6312 BROADWAY ST NW MOORHEAD MN 56560 6369 LARRY R MUTH ET AL 116 HARRISON ST ENDERLIN ND 58027 1127 RONALD & DIANE MUELLER 4826 136TH AVE SE ENDERLIN ND 58027 9532 GEORGE OVERN ET AL 1320 4TH AVE NE VALLEY CITY ND 58072 2228 JERRY L & CHARLOTTE F PYLES 43657 355TH ST OTTERTAIL MN 56571 9423 TODD 0 NILES 21948 MAJOR AVE HUTCHINSON MN 55350 5711 & file memo &0 ^0 PARCEL # LAKE OR RIVER NAME & NO. ♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦ ♦♦♦♦♦♦♦♦♦♦♦ Date L&R OHdal Action/Comments. ^c-y 7?yt^ fhr^to -S- ,a*-^ ^ .A-ry^f'^yhr^ ^ Date Action/Comments. I £ i».' ■ Date. Acyon/Commcsnts