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HomeMy WebLinkAbout53000270203000_Variances_10-02-2008Variances i Barcode 128 ‘ 4# OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1046163 1046163 I hereby certify that this instrument #__ was filed/recorded in this office for recwd ^ the__2.2008 at_^1.2Qlam^m Wendy Metcalf, CountyfRecoh^ef"^ ----------well certificat^ cD^puty^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER REGEiVEQ flUG 1 4 2008 & KtvpOURCF 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 (402)689-0835 cell Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date Deborah & John Garner DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS 6712 Heartwood Rd ■. LaVista. NE 68128 LAKE NUMBER 56021400 LAKE NAME ROUND LAKE SECTION 27 LAKE CLASS GD TOWNSHIP 135 RANGE 039 TOWNSHIP NAME RIIRHI AKF R53000270203000 43637 Hidden Trail, OttertailE-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 north­ easterly ALONG SAID SHORE LINE SiXTY-TWO (62) FEET; THENCE SOUTH 36°12' (OVER) TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback__)(_ Structure Size Cluster Misc.Sewage System Subdivision 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 THIS MATTER. SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER 8-13-08— DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) . ..’V (con't. from front) East Six Hundred Seventy (670) feet^, thence West* Eighty-five (85) feet to the place of beginning, contaiJIg one (1.0)' ACRE, MORE OR LESS; TOGETHER WITH ALL HEREDITAMENTS AND APPURTENANCES BELONGING THERETO. V boa 10^0HI ^ Date Of Hearing ^•S&PTmMDEn 2008~Time ?- C)o y^rn. Motion Deborah and John Garner - Approved the variances as requested for the garage. (8:00 p.m. October 2, 2008 meeting - It should be noted that the applicants stated at the September 4, 2008 meeting that they no not require any variances for the dwelling. It was also noted that the road in question is a dedicated cart way. After discussion and consideration, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to approve the variances as described in the attachment to the application dated August 13, 2008 for the placement of a garage on the applicant’s property as depicted on the drawing submitted with the application however, it should be noted that the overall size of the garage may vary from the size as shown on the drawing once the actual location of the road as been determine; therefore, the Board is not stating the size of the garage that can be constructed. The practical difficulties/hardships are the unique situation caused by the placement of the road and the terrain features of the applicants’ property, which make it non feasible to place a garage anywhere else on the applicants’ property. It was noted that the variances as requested are not substantial variations and the variances as approved will provide the applicants with an ability to^njay the same rights and privileges as others in this immediate area that already have garages. rman/Otter Tail^ounty Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329.512 - Victor Lundeen Company, Fergus Falls. Minnesota SCAliE DRAWINGI FORM i 4... j Tax Parcel Number(s) The scale drawing njiSst include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify^ the type, size (square feet), androcation of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. i r r' -%Scale (Must CompleteWortehe^On^Ckher AUG it “ 2008 LANi^ & KtisOURCE ?£TAfL TO SCALE--r i EiS SCALE- I BEARiNGt • DENC ODEm EOCE-OE-^-CRA VEL ROAI>~AS-C STATUS UNKNOirih' 1 ■t j SaJTNERLr\LINE OF SUBDfViSlON REi DED IN \ 'x-i •. ■ X • '' IBOOK L OF PL ATS,^ PAGE 42 (-330 nAT/<a 323/B ^"Eplat; (» PLATJ M.73 1"T I. * St i ^ tt, .r Signature of Property Owner Date BK —0207 329,066 ■ Victor Lundoon Co. PHntsrs » Fergus |«ila. ^ • 1>8C)&340>4870 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existingand Proposed) Impervious Surfaces (must be shown on scale drawing): C>(pO Ft2Structure(s): Deck(s);Ft2 Driveway(s):Ft2 l(i>^ Patio(s):Ft2 Sidewalk(s):Ft2 Stairway(s):Ft2 Retaining Wall(s);Ft2 Ft2Landscaping; (Plastic Barrier) Other:Ft2 TOTAL IMPERVIOUS SURFACE:Ft2 LOT AREA:Ft2 7L:ioo =.% Lot areaTOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO fv|:CEs\'EDi : : AiiG.n j3 K^^iOUilOF SCALE DRAWING FORM .>-2968 Tax Parcel Nutr4)er(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordin^fy high A»tet*ldvel, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water levei(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. /"f r %Scale Impervious Surface Ratio (Must Com^te Worksheet On Other Side) , .1 l .-4 . +■ - .:■•-if • • ! i ! r i i ' { ' I :4: 1-4 ...I t- : -I 4- . 1 I -4-4 tr4-+ , . i i r-T-I-:■ i (-1 i t -f—j t- 4 *■ ■—I 1 i ; j—l..4^-L i. . r •I- -I. . f .+ . . ;.. . r ‘ ^ Ar 1. .4 -f+ t ‘ ■4I I-I t'lt m 44;:;*%r.;i« ■ ‘* 4 4 : !T r-J ;-r 1 •4r I’..t rf"i-4r- 4I *-)--l I .-i-f tH-i .. . .-M-.-- -f- *-1 f:po4.-.-. 4 -i -+-■ f *CT'!\ m ^ -I1 4 r -4-t- r r- r t-f-1- t“t -t i X., ;-|-4-pt ii*:-j I t I T -t■ i -1 4 t-i-50fL£ ■\r-I (tIfI = Aof I I f f9-or Signature of Property Date BK —0207 I .32gCM • Vlcx UndHo Co. PiMn • F«gui (alh. MN • |.80OS«4SI0 f F r/i IMPERVIOUS SURFACE CALCULATION WORKSHEET:y^=5it^ci -S;.j'- ' / V /List of Onsite (Existing and Proposed) Impervious Surfaces fmust be shown on scale drawing):/ Structure(s):Ft2 Ft2Deck(s): Driveway(s):Ft2 Ft2Patio(s): Sidewalk(s):Ft2 Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 TOTAL IMPERVIOUS SURFACE:Ft2 V», ■ff<3LOT AREA:Ft2i rLOT AREA X100 =.% TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO t P\ The existent cabin & garage will be eliminated. In their place we will put a 58’ X 28’ modular, with an attached 10’ wide enclosed breezeway on the west side. Adequate setbacks fix>m the lot lines on the east & west exist; however, there is not a 20’ minimum setback from the road on the SE comer of the stmcture. (See “A” on plan.) We request (1) a variance of 3’ from the 20’ minimum setback from the road. Because the road goes directly through our property and “T’s” directly behind the existing structures, with the placement of the proposed stmcture, we are limited as to where we can build a garage. We propose to build a 24’ X 40’ long garage in area “C” on the plan. We will setback the stmcture 24’ from point “B” (on plan), and intend to center the garage between the east lot line and the road.We request (2) a 3’ variance from the 10’ minimum stmcture setback on the east lot line, (3) a 12’ variance from the 20’ setback from the road on the SW comer of the garage, and (4) a 13’ variance from the 20’ setback from the road on the NW comer of the garage. Due to the road’s curve, we also request (5) a “varying” variance from the 20’ minimum setback of the road for the N side of the garage, ranging from 12’ at point “D” (on plan) down to 0’ at point “E.” Please note that most of area “C” is wooded, and will require removal of trees prior to building the garage.) RECEIVED AUG 1 4 2008 LANU & KtiiOURCF October 2,2008 - Page #4 Jason Tester - Approved the modified plan submitted October 2, 2008. (7:47 p.m.) Jason Tester, Lot 15 and part of Lot 16 Bowery Beach, Pelican Lake in Dunn Township, requested the following: Requesting general building line setback from ordinary high water level. Lot is to shallow to move back behind the shore impact zone of 37’ 6”. Setback will be approximately 25’ behind the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. June 5, 2008 meeting - Andrea and Jody Arneson appeared with the applicant at the public hearing. A letter from Eulyn M. Feist opposing the variance as requested was read for the record. Also, an unsigned letter was noted for the record, but was not read as the contents did not provide any significant information for the decision making process. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Paul Larson and Carl Zick voting no, to deny the variance as requested as there are other options available that would keep the proposed structure out of the shore impact zone and the development as proposed, which does not depict a driveway or parking area, will result in impervious surface coverage greater than the allowable 25%. After additional discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to rescind and withdraw the previous motion to deny. After additional discussion and consideration, Randall Mann made a motion, second by Michael Harris and unanimously carried, to table with the verbal permission of the applicant, this variance application hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other alternatives, to review the driveway/parking area requirements with the Land and Resource Department and to determine what impact those requirements will have on the impervious surface calculation. July 3, 2008 meeting - It was noted on July 3, 2008 the secretary of the Board received a fax from the applicant requesting that his hearing be tabled until the August 7, 2008 meeting. August 7, 2008 meeting - Prior to the August 7, 2008 meeting the applicant had submit a letter requesting that his application be tabled until the September 4, 2008 meeting of the Board of Adjustment. After consideration, Randall Mann made a motion, second by Robert Schwartz and unanimously carried, to table, based upon the applicant’s written request, this hearing until the September 4, 2008 meeting. September 4, 2008 meeting - Prior to the September 4, 2008 meeting the applicant had submit a letter requesting that his application be tabled until the October 2, 2008 meeting of the Board of Adjustment. After consideration, Randall Mann made a motion, second by Paul Larson and unanimously carried, to table, based upon the applicant’s written request, this hearing until the October 2, 2008 meeting. October 2, 2008 meeting - Andrea Arneson and the applicant’s brother appeared at the public hearing with the applicant. After discussion and consideration, Paul Larson made a motion, second by Carl Zick and carried with Joe Maske abstaining, to approve the revised plan as submitted by the applicant at the October 2, 2008 meeting. It was noted that per the applicant the revised plan will place the proposed development behind the existing building line and will not cover more than 25% of the total eligible lot area with impervious surfaces. The proposed structure will be 28’ by 40’. Gary Renier- Approved the variance application as requested with a condition. (7:50 p.m.) Gary Renier, Lot 11 Balmoral Beach and part of Government Lot 2, Section 31 of Otter Tail Township by Otter Tail Lake, requested the following: Requesting to remove soil from a bluff area to create a larger driveway and garage apron area. Retaining wall to be built, to hold back hillside. This would be a 30’ variance to be in the bluff impact zone within the toe of the bluff. September 4, 2008 meeting - Sharon Renier, the applicant’s wife, John Christianson, Excavator, and Richard Hochstein, Contractor appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration, Steve Schierer made a motion, second by Les Estes and unanimously carried, with the applicant’s verbal permission, to table this request until the October Board of Adjustment meeting for additional information from Tim Griep of the Land and Resource Management Department. October 2, 2008 meeting - Richard Hockstein appeared with the applicant at the public hearing. After discussion and consideration, Michael Harris made a motion, second by Carl Zick and carried with Joe Maske abstaining, to approve as requested removing soil from the toe of the bluff area for the purpose of creating a larger driveway and garage apron area with the condition that the maximum height of the soil retained cannot be more than 6’ above grade as discussed in the letter from Ulteig dated October 1, 2008. Deborah and John Garner - Approved the variances as requested for the garage. (8:00 p.m. Deborah and John Garner, part of Government Lot 7, Section 27 of Rush Lake Township by Round Lake, requested the following: “The existent cabin & garage will be eliminated. In their place we will put a 58’ X 28’ modular, with an attached 10’ wide enclosed breezeway on the west side. Adequate setbacks from the lot lines on the east & west; however, there is not a 20’ minimum setback from the road on the SE Corner of the structure. (See’’A” on plan which is on file with the County Auditor’s office). We request (1) a variance of 3’ from the 20’ minimum setback from the road. Because the road goes directly through our property and ’’T’s’’ directly behind the existing structures, with the placement of the proposed structure, we are limited as to where we can build a garage. We propose to build a 24’ X 40’ long garage in Area ’’C” on the plan filed with the County Auditor’s office. October 2, 2008 ' Page # 5 We will setback the structure 24’ from Point “B" (on plan filed with the County Auditor’s office), and intend to center the garage between the east lot line and the road. We request (2) a 3' variance from the 10’ minimum structure setback on the east lot line, (3) a 12’ variance from the 20’ setback from the road on the SW corner of the garage, and (4) a 13’ variance from the 20’ setback from the road on the NW Corner of the garage. Due to the road’s curve, we also request (5) a "varying” variance from 20’ minimum setback of the road for the N side of the garage, ranging from 12’ at point “D” (on plan filed with the County Auditor’s office) down to 0’ at point "E”. Please note that most of area “C” is wooded, and will require removal of trees prior to building the garage.” September 4, 2008 meeting -The audience was polled with Andy Anderson speaking for the variance as requested. Letters from Tom and Sharon Archbold, Judith Dillinger, Fallon M. Kelly Attorney for Dennis Archbold, Lyle Janz, Ronald and Diane Mueller, Jack and Carole Baker and Wallace and Ruth Geske in opposition to the variance as requested were read for the record. After consideration, Steve Schierer made a motion, second by Les Estes and unanimously carried, with the applicant’s verbal permission, to table this request until the October Board of Adjustment meeting for additional information regarding the status of the road. October 2, 2008 meeting - It should be noted that the applicants stated at the September 4, 2008 meeting that they no not require any variances for the dwelling. It was also noted that the road in question is a dedicated cart way. After discussion and consideration, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to approve the variances as described in the attachment to the application dated August 13, 2008 for the placement of a garage on the applicant's property as depicted on the drawing submitted with the application however, it should be noted that the overall size of the garage may vary from the size as shown on the drawing once the actual location of the road as been determine; therefore, the Board is not stating the size of the garage that can be constructed. The practical difficulties/hardships are the unique situation caused by the placement of the road and the terrain features of the applicants’ property, which make it non feasible to place a garage anywhere else on the applicants’ property. It was noted that the variances as requested are not substantial variations and the variances as approved will provide the applicants with an ability to enjoy the same rights and privileges as others in this immediate area that already have garages. The Minnesota Supreme Court reversed and remanded back a September 1, 2005 Board of Adjustment decision regarding property on Blanche Lake in Everts Township owned by Cyril and Cynara Stasvold for further proceedings (A06-1696). Cy and Cynara Stadsvold - No Action Taken. Cy and Cynara Stadsvold, Lot 6 Walvatine Addition, Blanche Lake in Everts Township, requested the following: We are requesting a variance on the property setbacks as shown on the attached survey by David A Anderson, professional land surveyor. The original site plan that was submitted for the building permit in 2002 showed the house and garage with the correct setbacks. Unbeknown to us, our builder, Richard Hochstein, did not at any time attempt to find or verify the correct property lines when he located the house and garage on the property. We did not find out there was an issue with the setback lines until last September, when the septic permit was applied for, after the house and garage had been built. 389'^ Ave is 10’ wide, dead end, dirt road located approximately 34’ from the property line and 39' from the garage. We are the next to the last house at the end of this dead end road. Garage built 5’ from road right-way. Part of the south side of the house is 5’ from the lot line and the west side of the house is 16.7’ to 17.T from the road right-of-way. The required road right-of-way setback is 20’ and the required side lot line setback is 10’. September 1, 2005 meeting - The audience was polled with Richard Hochstein, Contractor, explaining his involvement with the project. After discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and carried with Michael Conlon voting no, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting the following: 1.) the requested variance would not have been approved had the request been submit prior to project being started, and 2.) the applicants’ have adequate room on their property to obtain a reasonable use of their property without the granting of the variances as requested. After additional discussion and consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to direct that the non complying structures must be brought into compliance by June 1, 2006. October 2, 2008 meeting - The Attorney for the applicant requested prior to the October 2, 2008 meeting that the re-hearing be rescheduled for Thursday, November 6, 2008. With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:27 p.m. Wayne'Stein, Secretary Prepared by: The minutes were mailed on Monday, October 6, 2008 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at the next scheduled meeting. * Septeiilber 4,2008 Page 4 Laurel L. Yost Revocable Living Trust - Approved the variance as requested. (8:17 p.m.) Laurel L. Yost Revocable Living Trust, Lot 12 Block 1, Engstrom's Beach Fifth Addition, Big McDonald Lake in Edna Township, requested a variance of 35' from the required ordinary high water level setback of 100’ for the construction of an attached garage 65’ from the ordinary high water level and a variance of 15’ from the required ordinary high water level setback of 100’ for the construction of a roof over an existing deck located 85’ from the ordinary high water level. George, the applicant’s husband appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 35’ from the required ordinary high water level setback of 100’ for the construction of an attached garage 65’ from the ordinary high water level and a variance of 15’ from the required ordinary high water level setback of 100’ for the construction of a roof over an existing deck located 85’ from the ordinary high water level. It should be understood that the variance as approved does not directly or indirectly grant any other variances for the proposed development. It was also noted that the proposed development is behind the building line and away from the ordinary high water level. Robert D. Wilson - Denied. (8:30 p.m.) Robert D. Wilson, part of Government Lot 2, Section 16 of Candor Township by Leek Lake, requested the following: “To create a lake lot with easement rights, to driveway to be shared with only one other person, me.’’ Minimum size required for metes and bounds parcels in the Shoreland area is 5 acres and the minimum size required for platted lots on a recreational development lake is 150’ of water frontage, 150’ of width at the building setback and 40,000 square feet of area. The proposed metes and bounds parcel, per the drawing submitted with the variance application, would have 209’ of water frontage, an easterly property line of 225’ in length, a westerly property line of 172’ in length and 255’ of frontage on the existing driveway. The audience was polled with no one speaking for or against the variance as requested. After consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate practical difficulties/hardships had been shown that would allow for the granting of the variance as requested, the applicant’s property is part of a cluster development and the subdivision of this property would be appropriately processed through the platting process. Deborah and John Garner-Tabled. (8:37 p.m.) Deborah and John Garner, part of Government Lot 7, Section 27 of Rush Lake Township by Round Lake, requested the following: “The existent cabin & garage will be eliminated. In their place we will put a 58’ X 28’ modular, with an attached 10’ wide enclosed breezeway on the west side. Adequate setbacks from the lot lines on the east & west; however, there is not a 20’ minimum setback from the road on the SE Corner of the structure. (See’’A” on plan which is on file with the County Auditor’s office). We request (1) a variance of 3’ from the 20’ minimum setback from the road. Because the road goes directly through our property and "T’s” directly behind the existing structures, with the placement of the proposed structure, we are limited as to where we can build a garage. We propose to build a 24’ X 40’ long garage in Area ”C” on the plan filed with the County Auditor’s office. We will setback the structure 24’ from Point “B" (on plan filed with the County Auditor’s office), and intend to center the garage between the east lot line and the road. We request (2) a 3’ variance from the 10’ minimum structure setback on the east lot line, (3) a 12’ variance from the 20’ setback from the road on the SW corner of the garage, and (4) a 13’ variance from the 20’ setback from the road on the NW Corner of the garage. Due to the road’s curve, we also request (5) a “varying” variance from 20’ minimum setback of the road for the N side of the garage, ranging from 12’ at point “D" (on plan filed with the County Auditor’s office) down to 0’ at point “E”. Please note that most of area “C" is wooded, and will require removal of trees prior to building the garage.” The audience was polled with Andy Anderson speaking for the variance as requested. Letters from Tom and Sharon Archbold, Judith Dillinger, Fallon M. Kelly Attorney for Dennis Archbold, Lyle Janz, Ronald and Diane Mueller, Jack and Carole Baker and Wallace and Ruth Geske in opposition to the variance as requested were read for the record. After consideration, Steve Schierer made a motion, second by Les Estes and unanimously carried, with the applicant’s verbal permission, to table this request until the October Board of Adjustment meeting for additional information regarding the status of the road. M' /■ - ^ rm -• i'‘. sTiSf:^ ’^■V ■iMdcC-'-AN K / - '“HI )t»-'> - i ► z tri \ \ •*'¥■>•1. , ■ -H- u;; -S' i--?;t’ t.-i••1 i-WiLOWOODrr‘ im.- k ■mtiXiM'■f-- >“• .j ' ^4L ,*v:'-^V-VvAii* ■; w; '■ V'% ^"a.-'4-' : il H RECEIVED AUG 1 ^ 2008 lAKJ & KtbOUPxCF (•' Dear Board: Enclosed you’ll find a copy of the survey of our property which was completed 6-17-08. Also find a scaled drawing of the existing property, along with a “zoomed in” version of the proposed changes. As is indicated on the survey, there is more than the 75’ minimum setback for the structure. We would assume to use “site line” for placement of the new structure in relation to the adjacent properties. When the new septic system was placed in 2007, we knew that the tank might need to be moved to accommodate any changes that would come about as a result of these variance requests. Please note that we have not staked out the property yet, as we live in LaVista, NE, and have not been up to the cabin since June, 2008. We will be there Labor Day Weekend, and will do it then. We hope this is not a problem. Please feel free to contact us should you have any questions. Thank you for your consideration. Deb Gamer 6712 Heartwood Rd. LaVista, NE 68128 (402)733-2679: home (402)689-0835: cell (402)333-5337: work debdrc@qwestoffice.net: Deb’s work email huskerfans6712@cox.net: home email FtECElVED AUG 1 ^ 2008 LAiNU K£y0UP^CF SURVEY OF THE BOUNDARIES OF LOT 7 OF SUBDIVISION RECORDED IN SCALE IN FEET SCALE: I INCH - ^ FEET BOOK L OF PLATS, PAGE 42 BEARINGS ARE BASED ON AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED "PLS 13620 4 17325". LINE TABLE LINE BEARING DISTANCE S 63'B2’22"~NLI 12.64 S I2‘47'53" H- I7± r 5 64’2I'25" EN 02‘23'3‘^" E •' 53.60 Il.‘^2 O) K o ■“ >K c:5 -LV. C'j CD c>| :d lO(/)eg L._h-\ **iO'o <n 0:d O' lyeg<0 ■< ^ss - JC)CDcr vs CD Srx:L.J CD LiJh-5:C)h-0 (/)(/)IP •s N >- J i-ij C)L.J i.(/) Vy h-K> N >COO PLATJN 0 ^ GOV'T LOT 3 SEC. 27-l3S-3<^e r\Vy M / A I / M / 2l I / N / C“ / V I__ \ A / JD V V' 25,c!rr * I c /vyOcT vJKP»yL_L/ vy»y If •! \/ UK^L. I ,/'''r-QT/r-z/'N A "rr- v>L_r\ I It l^r^ I r>cr C' 'p' \w/l I /r-\ / h I r> V L. I t vxy.CERTIFICATE OF SURVEY FOR: DEBORAH GARNERSURVEYOR'S CERTIFICATE I hereby certify that this is a true and correct representation of a survey of the boundaries of the dbove described land, and that this survey was prepared by me or under my direct supervision and that / am a duly Licensed Professional Land Surveyor under the laws of the State of Minnesota. Dated this 17th day of June, 2003. % FIELD K)OK ALS-I87\64 DRAWN BY RVB FOLDER iq6-o& CONTRACT NO. iq€.-o&NDERSON LAND SURVEYING, INC.FIELD CREW RVB Glenn Nowe \ Professional Land Surveyor Minnesota License No. I732B CR5 FILE iqfe-08 CRD RLE iq6-08 DWG FILE iq6-06 PROFESSIONAL LAND SURVEYORS. CML ENGINEERS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS. MN 56538-0125 (218) 739-5268 324 BROADWAY, SUITE 208, ALEXANDRIA, MN 56308 (320) 762-5263 (800) 300-9276 DRAWING NUMBER CHECKED BY GEM 6104SEC - TWP - RG 27 - 135 - 3q 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 and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Deborah and John Garner 6712 Heartwood Road LaVista, 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, September 4, 2008 at 8:30 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 part of Government Lot 7, 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: “The existent cabin & garage will be eliminated. In their place we will put a 58’ X 28’ modular, with an attached 10’ wide enclosed breezeway on the west side. Adequate setbacks from the lot lines on the east & west; however, there is not a 20’ minimum setback from the road on the SE Corner of the structure. (See”A” on plan which is on file with the County Auditor’s office). We request (1) a variance of 3’ from the 20’ minimum setback from the road. Because the road goes directly through our property and “T's" directly behind the existing structures, with the placement of the proposed structure, we are limited as to where we can build a garage. We propose to build a 24’ X 40’ long garage in area”C” on the plan filed with the County Auditor’s office. We will setback the structure 24’ from Point “B” (on plan filed with the County Auditor’s office), and intend to center the garage between the east lot line and the road. We request (2) a 3’ variance from the 10’ minimum structure setback on the east lot line, (3) a 12’ variance from the 20’ setback from the road on the SW corner of the garage, and (4) a 13’ variance from the 20’ settjack from the road on the NW Corner of the garage. Due to the road’s curve, we also request (5) a “varying” variance from 20’ minimum setback of the road for the N side of the garage, ranging from 12’ at point “D” (on plan filed with the County Auditor’s office) down to 0’ at point “E”. Please note that most of area “C" is wooded, and will require removal of trees prior to building the garage.” Stein Board of Adjustment Secretary Date: August 14, 2008 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 18th, day of August, 2008 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Deborah and John Garner, 6712 Heartwood Road, LaVista, NE 68128 Rose Stoll, Twp Clerk of Rush Lake, 38141 430**^ Ave, Perham< MN 56573 Round Lake Assoc., % Dr Gerald Kavanaugh, 1230 N Elm, Fargo, ND 58102 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, 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, 32117 260th Ave, Erhard,MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Leslie Estes, PO Box 358, Battle Lake, MN 56515 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: August 18th, 2008 Wayne Stein, Secretary Otter Tail County Board of Adjustment i/L'By: Vi Manderud CAROLYN JOAN ALBERTS 35820 STATE HIGHWAY 78 OTTERTAIL MN 56571 9445 ROBERT & DONNA ANDERSEN 43677 HIDDEN TRL OTTERTAIL MN 56571 9424 DENNIS & CARMEN ARCHBOLD 609 CLEVELAND ST ENDERLINND 58027 1357 THOMAS J & SHARON ARCHBOLD 93 23RD AVE N FARGO ND 58102 2024 THOMAS J ARCHBOLD 519 ROOSEVELT ST ENDERLINND 58027 1348 JACK & CAROLE BAKER 600 KNOLL DR NORWALK lA 50211 1405 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 ET AL 354 SHORE CIR N WINDSOR CO 80550 2614 ERLING JANZ ET AL 13640 49THSTSE ENDERLIN ND 58027 9531 JUDITH DILLINGER ET ALTERRANCE A DILLING ET AL 8011 131STST W SAINT PAUL MN 55124 9706 PO BOX 759 LAKE PARK lA 51347 0759 DIANE M MCLEOD & PAUL JEFFERS 8 COTTONWOOD LN SEAL BEACH CA 90740 5969 RONALD R MUELLER ET AL 4826 136TH AVE SE ENDERLIN ND 58027 9532 DONNA KAVANAUGH TST 1230 ELM STN FARGO ND 58102 2703 TODD O NILES 21948 MAJOR AVE HUTCHINSON MN 55350 5711 STEVE & ANDRIA NELSON 6312 BROADWAY ST NW MOORHEAD MN 56560 6369 LARRY R MUTH ET AL 116 HARRISON ST ENDERLIN ND 58027 1127 JOSEPH W WEISS JR ET AL 6712 HEARTWOOD RD LA VISTA NE 68128 7080 JERRY L & CHARLOTTE F PYLES 43657 355TH ST OTTERTAIL MN 56571 9423 GEORGE OVERN ETAL 1320 4TH AVE NE VALLEY CITY ND 58072 2228 OTTER TAIL COUNTY www.co.otter-tail.mn.us GOVERNMENT SERVICES CENTER FERGUS FALLS, MN 56537 ____________________(218) 998-8041 OFFICE OF THE COUNTY AUDITOR 510 FIR AVE W. E-Mail wstein@co.ottertail.mn.us September 12, 2008 Deborah and John Garner 6712 Heartwood Road LaVista, NE 68128 Dear Mr. and Mrs. Garner, Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for Thursday, October 2, 2008, in the Otter Tail County Commissioners’ Room of the Otter Tail County Government Services Center located at 500-600 Fir Ave. W., Fergus Falls, MN. Your variance request, which was originally tabled at the September 4, 2008 Board of Adjustment meeting, has been rescheduled for consideration at the October 2, 2008 meeting. I have enclosed a copy of the October 2, 2008 agenda for your reference. Please pay particular attention to the scheduled meeting time. If the date and time for this meeting is not convenient for you, please notify the County Auditor’s office in writing prior to the October 2, 2008, meeting and I attempt to have your request rescheduled for the next available meeting of the Board of Adjustment. Should you have any questions or require any additional information please feel free to contact me. Sincerely, Wayne Stein County Auditor ' .\•___. ■v_ -S c••■mtI ~ >-4 V >- Notice of Hearing for Variance V-' O'-■ iRECEIVED AUG 2 6 2008 f. Otter Tail County ,2. vi\ x'Government Services Center 'V-.. .2 --^ovi 510 Fir Ave W Fergus Falls, WIN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us X UUdR*4n.w*«JtoMbrr' 2/^ FERGUS FALLS, MN «\x:. r ^' \ V . : 'V -»•■ J. ■■ • -.P Applicant and/or applicant’s representative must be present at the scheduled hearing.\ \ ......, ■ V- .•3 ^■ •» -To Whom It May,Concern: Deborah and John Garner 6712 Heartwood Road LaVista, NE 68128 , • •has made application to the Otter Taif County Board of ASjustrhent 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'Adjustmerrt will assemble for this hearing on ^ .V'*'•x Thursday, September 4, 2008 at 8:30 p.m., in the CorhraisSioners’ 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 offices prior to the date of the public hearing. . ^ The property concerned in the application is legally described as ■ X. ' , part of Government Lot 7, Property Address -43637 Hidden Trail 'Section 27, Township 135, Rangfe 39 - Township Name - Rush Lake * yj \ Lake No. 56-214, Lake Name - Rounds Class - Gl3 •‘•A ^ T*.- •-.v> o jk. % ^ V♦ \ ‘ S ■•>< hThe variance requested is - the following: “The existent cabin & garage wilhbe eliminated. In their place we will put a 58' X.28’ modular, with an attached 10’ wide enclosed breezeway on the west Side. Adequate setbacks frdm the lot Tines on the east & west; however, there is not a 20' minimum setback from the'road on the SE Corner of the structure. (See”A’' on plan which is-on file with the County Auditor's office). We request (1) a variance of 3’ from the 20’ minimum setback from the road. Because the road goes directly through our property and “T's” directly behind the existing stmctures, with the placement of the proposed structure, we are limited as to where we can build a garage. We propose to build a 24' X 40’ long garage in area’’C’’ on the plan filed with the County Auditor’s office. .We will setback the structure 24’ from Point "B’’ (on plan filed with the County Auditor’s office), and intend to center the garage between the east lot line and the road. We request (2).a 3’ variance from the 10' minimum structure setback On the east lot line, (3) a-12’ variance from the 20' setback from the road on the SW corner of the garage, and (4) a 13’ variance from the 20’ setback from the road on the NW Corner of the garage. Due to the road’s curve, we also request (5) a “varying” variance from 20’ minimum setback of the road for the N side of the garage, ranging from 12' at point (on plan filed with the County Auditor’s office) down to 0’ at point “E"-. Please note that most of area “C” is woodad, and will require removal of trees prior to building the garage." 'Wayne Stein , > Board of Adjustment Secretary Date: August 14, 2008 V • ...V-- > ‘ 9 ad. jt^ ^li2.ge4-«!-«L:2o Jj^^t) 0cs^4JjhV(LiIJ {>-plJI' /hs^-g^cy^M-^ -ti^ <>-iO ^2rvLi2^i>-Kyt^)7^^ ~XhcL^^^Jub — -i\ji-^>^ -^\r^u/<i><lL>(^ jtJLjL /t.^y-0L^JL^ iM^cJULa) QJcoduhjil^ ^ ^ iSij^Jiu^MLt ^ n f[ i M a ^ /I >1 ^^ /) 5K, (^.yUuJjL^ J^j^ lO^Uy^^Shb^s^liU<j2^::i^^^^ d'tAujJL^'yyie^^' 'Q^ -MjUiji_^ cfuAA i^<yri^ (^io«yfO JU^ Ji> ^tS2^aUyi^ J.iyidJ^^tjU-yl^ 0^ cyi^ ytJjL ^ \OJuJ j^ ,y£y\/u jUul :£tltud^ ^ z:CIjO MltfTLs^c^ ® Mr ^)cl/A^ i^egewho 0^ Notice of Hearing for Variance Otter Tail 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 applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Deborah and John Garner 6712 Heartwood Road LaVista, 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, September 4, 2008 at 8:30 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 part of Government Lot 7, 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: “The existent cabin & garage will be eliminated. In their place we will put a 58’ X 28’ modular, with an attached 10’ wide enclosed breezeway on the west side. Adequate setbacks from the lot lines on the east & west; however, there is not a 20’ minimum setback from the road on the SE Corner of the structure. (See’’A” on plan which is on file with the County Auditor’s office). We request (1) a variance of 3’ from the 20’ minimum setback from the road. Because the road goes directly through our property and "T’s” directly behind the existing structures, with the placement of the proposed structure, we are limited as to where we can build a garage. We propose to build a 24’ X 40’ long garage in area’’C’’ on the plan filed with the County Auditor’s office. We will setback the structure 24’ from Point “B" (on plan filed with the County Auditor’s office), and intend to center the garage between the east lot line and the road. We request (2) a 3’ variance from the 10’ minimum structure setback on the east lot line, (3) a 12’ variance from the 20' setback from the road on the SW corner of the garage, and (4) a 13’ variance from the 20’ setback from the road on the NW Corner of the garage. Due to the road’s curve, we also request (5) a "varying” variance from 20’ minimum setback of the road for the N side of the garage, ranging from 12' at point "D” (on plan filed with the County Auditor’s office) down to 0’ at point ’’E". Please note that most of area "C” is wooded, and will require removal of trees prior to building the garage,” Wayne Stein Board of Adjustment Secretary Date: August 14, 2008 ^U6 28i008 "^'&FAaS,MN August 26*, 2008 Otter Tail County Government Services Center SlOFirAve W Fergus Falls, MN 56537 Wayne Stein Board of Adjustment Secretary We oppose the Variance Request difference that is being requested for Property Address - 43637 Hidden Trail - Otter Tail, MN 56571. 'cy Ronald and Diane Mueller 4826 136* Ave SE Enderlin, ND 58027 — And — Wallace and Ruth Geske 1209 Main Ave Oakes, ND 58474 Ottertail Co. Gov. Services Center 510 FirAve W Fergus Falls, Mn 56537 8/27/08 Lyle W. Janz 13640 49 StSE Enderlin, ND 58027 To Whom it May Concern, I oppose the variations requested on the property of part of Gov. Lot 7 property address: 43637 Hidden Trail. Sincerely, Jones and Kelly, Attorneys At Law, P.C. 316 Main Street P.O. Box 391 Lisbon, ND 58054-0391 Wayne P. Jones Fallon M. Kelly • Kory T. Nogosek Telephone 701-683-4123 Fax 701-6834124 Email wpjones@drtel.net fkelly@drtel.net korynogosek@drtel.netAugust 25, 2008 'Also licensed in Minnesota Attn: Wayne Stein Otter Tail County Board of Adjustment 510 FirAve, W Fergus Falls, MN 56537 Re: Garner’s application for variance for propertv address 43637 Hidden Trail Dear Otter Tail County Board of Adjustment: My name is Fallon Kelly and I represent Dennis Archbold, who owns a lot in Otter Tail County adjacent to the following described lake property lot: Part of Government Lot 7, Property Address - 43637 Hidden Trail; Section 27, Township 135, Range 39, Township Name - Rush Lake Lake No. 56-214, Lake Round, Class - GD From a letter of Notice of Hearing for Variance, my client has been informed that on Thursday, September 4, 2008 at 8:30 p.m. the Otter Tail County Board of Adjustment will consider an application for variance being made by Deborah and John Garner who would like to reduce set back requirements on a new building project they are planning. My client strongly opposes any variance. In addition to generally opposing this variance, my client has serious concerns about access to his property and other properties for any large equipment that may need to maneuver the intersection and he also has serious concerns about public safety because the proposed variance will reduce the visibility of the intersection for people driving up to the intersection and for other people coming to the intersection such as bicyclists, joggers etc. Please take my client’s concerns into consideration and dejjyJbe-vafiance ^requested. Sincerely, FallotyM. Kelly / ^ Attorney for Dennis Archbold FMK:jrc KiCElVEBDennis Archboldcc: AUG 2 tj 2:008 untK imilcumuuiiuk FERGUS FALLS, MN 5- Tom and Sharon Archbold 93 Ave N Fargo, ND 58102 Wayne Stein Otter Tail County Board of Adjustments 510 First Ave N Fergus Falls, MN 56537 RECEtVeD AUG z I zooa FERQUS PALLS, MN August 25, 2008 Board Members: We are writing to oppose all variance changes on the application for the property partially described as: Part of Lot 7, Section 27 135 39 in Rush Lake Township. Property address is 43637 Hidden Trail. There simply are not enough setbacks for this size of development. In area “A”, I do not believe there is a 100’ setback from the normal ordinary high water level. The request of a 3’ variance from the 20’minimum setback from the road is also imacceptable. In area “C” all variances are unacceptable for this size space. The approval of the variances requested will result in a safety issue at the crossroad and the snow buildup on the road will inhibit winter usage. If these variances are accepted, many others will apply until the ordinances established will become meaningless. Thank you for your consideration of the objection. Sincerely, Tom and Notice of Hearing for Variance Otter Tail 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 applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Deborah and John Garner 6712 Heartwood Road LaVista, 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, September 4, 2008 at 8:30 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 part of Government Lot 7, 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; “The existent cabin & garage will be eliminated. In their place we will put a 58' X 28’ modular, with an attached 10’ wide enclosed breezeway on the west side. Adequate setbacks from the lot lines on the east & west; however, there is not a 20’ minimum setback from the road gn the SE Corner of the structure. (See’’A" on plan which is on file with the County Auditor’s office). We request (D/h variance 5t J' tromlhe 20l>iinimum setback from the road. Because the road goes directly through our property and “T’s’’ directly behind tne existing structures, with the placement of the proposed structure, we are limited as to where we can build a garage. We propose to build a 24' X 40’ long garage in area'lC’’ on the plan filed with the County Auditor’s office. We will setback the structure 24' from Point “B’’ (on plan filed with the County Auditor’s office), and intend to center the garage between the east lot line and the road. We request (21 a 3’ variance from the 10’ minimum structure setback on the east lot line, (3) a 12' variance from the 20' setback from the road on the SW corner of the garage, and (41 a 13’ variance from the 20’ setback from the road on the NW Corner of the garage. Due to the road’s curve? we ai5o reguest (5) ar'varying’' variance from 20’ minimum setback . of the road for the N side of the garageTranging trom 12’ at point “D’’ (on plan filed with the County Auditor’s office) down to 0’ at point “E". Please note that most of area “C" is wooded, and will require removal of trees prior to building the garage." // Wayne Stein Board of Adjustment Secretary Date: August 14, 2008