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HomeMy WebLinkAbout55000990496000_Variances_06-02-2011^•2-2oH t DOC# 10931391093139 1093139 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd June 09, 2011 10:30 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Returned To: LAND & RESOURCE By: NDB 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 .4490Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date HgtA 4 k"irA M£>5H HH^ Or S (U. Dak VeueAV Lake- DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS _____LAKE CLASSLAKE NUMBER LAKE NAME 131 H3SECTIONTOWNSHIPRANGE TOWNSHIP NAME PARCEL NUMBER S633^E-911 ADDRESS LEGAL DESCRIPTION 1^-15 5 of) TYPE OF VARIANCE REQUESTED (Please Check)tv©iiGV‘'I)2<iL Structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 6(fvdfY ®(fl 'VWF \Afi'»se o>ux ©ctoakD H ‘ 't-HF BluG?, • A- 5H‘cicdfL IL^pvosLvwNsV-s^ 6 HouL, • (^tJivU'Srrfedkcrf A- 5‘x ^5' CaiotiLM>c,\r4bh LUAL'flujA^. 'THC* Hjio, , Bs- tkUiCf- Tluo P\SfS TAAVuivcu iDOvresb luJto 5Lepe.fii»YA f^eajQ. ofS To ^Ji£^ _____________ 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 MATTEi^ SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER"7 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Uiodp Cv»vv\ Otsa-D "to boiTtyr^ c)^ i.«rV To be 'fCTtveo-^O Ti^ bluC^ 6>tj.^>p6Rr To be vertuiu-ftiCi Amd (jiAlb c®®R>«.\reTe L'afj(5SC'epe_ (oLocls CL\h. /T;7Date Of Hearing Time Motion Tom and Kim Noah - Approved the variance request as modified. (8:17 p.m.) April 14"', 2011 Meeting -The audience was polled with no one speaking for or against the variance as requested. Prior to the public hearing the applicants submitted a letter requesting that their application be tabled until the May 5, 2011 meeting. After consideration and discussion, the Board of Adjustment by general., consent accepted the applicants requested to have the hearing tabled until the May 5, 2011 Board of Adjustment meeting. May S’", 2011 Meeting - Prior to the public hearing the applicants submitted a letter requesting that their application be tabled until the June 2, 2011 meeting. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Rod Boyer abstaining, to accept the applicants requested to have the hearing tabled until the June 2, 2011 Board of Adjustment meeting. June 2, 2011 Meeting - The audience was polled with no one speaking for or against the variance as requested. Terry Schander appeared with the applicant (Tom) at the public hearing. After consideration and discussion, Randall Mann made a motion to approve placement of the proposed development 50' from the ordinary high water level, to deny the variance as requested from bluff and to allow placement of the back wall of the proposed dwelling against the railroad ties with the condition that the upper retaining wall must be repaired. This motion does not directly or indirertly grant any other variance for the proposed development. After additional discussion this motion was withdrawn. Randall Mann then offered a motion to deny,*" which was later withdrawn. After further consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Joe Maske ter level setback of 75’ for the location of a building site 50' from the ordinary high water osed developrnprit might be more development than the lot can support. The variance as approved does ly grapfany other ^iance^or the proposed (jevelopment or for any future development. abstaining, to approve a vahaflce of 25’ from the required level. Concern was e)jpf6Sse5l/1hat the applicants' not directly or indi ig ail County Board on AdjustmentChairm Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No 3'J ■rov 1 ; ' V; / Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota :7 m i $) § . t fERRY SCHANDER IT I In_n TZJE_[IIIII I II I I I1 r I T I ~ I I I I II II II nnT I I ~Ti IIIIIIIIs II NORTH ELEVATION I 4 Vi rERRT • ♦ SOUTH ELEVATION i A I’ TERRY SCI-IANDER III IIIIII III I I I i II I II PAR<IN<S BLUFF \ EA6T ELEVATION I TERRY 6CI-IANDER r IIIIIII I IIiIIIIIII I III I IIi II III 5 BLUFF 1/ UUE6T ELEVATION if ■■ % TERRY 6CHANPER ;]c; 2ND FLOOR 1140 SO FT 6>'-0" X 4'-0“6'-0" X 4'-0"6'-0” 3'-0“s sOI tn 4'-0“ 41 o' Oa rV01o■fll I CMCN 4'-8" OPEN TO BELOUJ I 6.'-0“fe'-O" X I'-O"b'-O" X T-O" 34'-0" t TERRY SCHANDER MAIN FLOOR 1516 SO FT 52-0" ~7 34'-0"IS'-O" ■7■7 fe'-O" X fe'-O" 01 rn 4'-0" fe'-O" X 6'-0"6'-0" X fe'-O" \ sOI 41 X bI In a 01M CN 9 41 X 9In X\ fe'-o“ X e,‘-o" Q) S OII. s s V c>»\N N X o DX X X '«X X X X o 0X X X X 6'-0" _ f L J I IOOIX I I I I A—I.iQX 6-0"6'-0"6'-0"6'-0" X 4'-0" X X X X X X X X X X sX X 01 X PROPOSED DEC<X X 3; y « * /J .-V^ //""■ .'-•;I ///' / / / /////»f///.//- M-V /''•/‘/ •.//-//.:•; ;/.:-/ Sae^v>o//V W St' ©■C is s>' //y / /-y d!^ # -■•y/ /f- / /•;//■yir\/ / / / -■’ ? // /y^8‘/-r /1/ T /8tua?-g2^i^ ^itv~ di^/ . r I y/! /.. H'vVC’^UtL 6^i^e u_>t^ C©iO(L\K^ T\o©'r \)o^SS€^fh!■ t //.//f;/'•/;///■•" ?%S' fnm- / ,,•;m: U ,~r /" ///a r/y />.'?/./I // /V / . ; ^ VlcolR.-r jI r\\ y \I <h\V Couc't^ VTptjrv»»^;6 ;/1/aH‘" ScfcXg - ^ I* CpiMgA^:^ U3BUL ^c;ttovOSoos^^ i />5 f J i ii s 9 o s 9 oo Uid)35'-0"Ui o3: f- ■ <oCQ 'tCM Xz< o Ui Q- U1 rooUiQ50-0" 3; 3 mzsOI o•d- s 9 o 150-0" LEOAL: PLOT PLAN LOTS 3+4 ANDERSON 6EACI-I PELICAN LAKE OTTERTAIL COUNTY STATE OF MINNESOTA SCALE: 3/l^"«r April 14, 2011 Page # 2 Tom and Kim Noah - Tabled (6:50 p.m.) Tom and Kim Noah, Lots 3 and 4 Anderson Beach, Pelican Lake in Dunn Township, requested the following: Construct a 34’ by 40' replacement dwelling approximately 50’ from the ordinary high water level. Also the back of the house will extend approximately 4’ into the bluff. Construct a 14’ by 34’ deck approximately 36’ from ordinary high water level. Construct a 5’ by 25’ cantilevered walkway. The walkway will be above the bluff held up by two 16” diameter concrete piers that will be bored into the slope of the bluff. Walkway to run from rear of new structure to road right-of-way. Existing wood ramp from road to bottom of lot to be removed permanently. Existing creosote raiiroad ties for bluff support to also be removed and replaced with concrete landscape blocks. The audience was polled with no one speaking for or against the variance as requested. Prior to the public hearing the appiicants submitted a letter requesting that their application be tabled until the May 5, 2011 meeting. After consideration and discussion, the Board of Adjustment by general consent accepted the applicants requested to have the hearing tabled . until the May 5, 2011 Board of Adjustment meeting. Kurt and Susan Robak - Denied. (6:52 p.m.) Kurt and Susan Robak, Lot 8 Beauty Beach on Deer Lake in Everts Township, requested a variance of 58’ from the required ordinary high water ievei setback of 100’ for the conversion of an existing deck into a three-season room located 42’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. A letter from Mrs. W. J. Hanson in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested as no adequate practical difficulty/hardship had been shown that would allow for the granting of the variance as requested, the applicants can obtain a reasonable use of the property without the granting of the variance as requested, the number of non-complying structures currently on the property, the proposed development is ahead of the string line and is within the shore impact zone. Bradley S. and Patricia M. Deutschman - Approved the application with a condition. (7:00 p.m.) Bradley S and Patricia M Deutschman, part of Government Lot 3 and part of the Southwest Quarter Northwest Quarter, Section 15 of Eagle Lake Township by Eagle Lake, requested the following: Requesting a variance to split 32.14 aores into three lots, 10 plus acres each, with one iot having less than 200’ of frontage. Requesting 166’ variance for Tract A lot width at roadside. The audience was poiled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Rick Wilson and unanimously carried, to approve the varianoe as requested in the appiication dated March 9, 2011 and as depicted on the certificate of survey submitted with the application with the condition that no oonstruction/deveiopment can be placed/located on Tract A in any area which has less than 200’ of width. Scott and Cherie Mensching - Approved the application as requested with conditions. (7:05 p.m.) Scott and Cherie Mensching, Lots 5 and 6 Pullford’s Beach, Walker Lake in Amor Township, requested a variance of 50’ from the required ordinary high water Ievei setback of 50’ for the placement of a structure 50’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 50’ for the placement of a new model mobile home (approximately 16’ by 76’) 50’ from the ordinary high water level with the conditions that no more than 25% of the total eligible lot area can be covered with impervious surfaces, the required setbacks from the side lot lines and the septic system must be maintained. It was noted that the proposed development will be no closer to the ordinary high water level than the existing structure. The variance as approved does not directly or indirectly grant any other variances for the proposed development. I May 5, 2011 Page # 3 Kathryn Erickson Et Al - Approved the modified request with a condition. (7:18 p.m.) Kathryn Erickson Et Al, part of Government Lots 1 and 2, Section 14 of Pelican Township by Prairie Lake, requested, the following: Request is for subdivision of lake property without a plat. Creating two parcels meeting minimum platted lot size requirements of the Shoreland Management Ordinance, but being less than 5 acres. Retained parcel exceeds 5 acres. April 14*’’, 2011 Meeting - The applicant was represented by Paul Johnson, Steve Johnson and a representative from Moore Engineering, Inc. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to table with the applicants’ verbal approval the hearing on this application until the May 5, 2011 Board of Adjustment.meeting to allow the applicants and the Land and Resource Department an opportunity to determine if either Parcel A or Parcel B, as identified on the registered survey’s drawing, is within the bluff impact zone. Concern was also expressed with identifying the hardship/practical difficulty that would allow for the granting of the variance as requested instead of having the proposed subdivision reviewed through the Planning Commission’s platting procedures and process. May 5‘'','2011 Meeting - The applicant was represented by Paul Johnson, Steve Johnson and a representative from Moore Engineering, Inc. It was noted that proposed Parcel B was impacted by a bluff; therefore, the applicant is requesting permission to create one parcel containing 2.69 acres or 117,513 square feet instead of the two parcels as originally requested. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and carried with Rod Boyer abstaining, to approve the subdivision of a 2.69 acre parcel from an existing 20.62 acre parcel with the condition that a registered surveyor’s drawing must be provided at the time of conveyance and noting that the proposed parcel does have public road access and exceed the size requirements for a platted lot. Note - the proposed subdivision as approved is the combination of Parcel A and Parcel B as shown on the drawing which was submitted with the variance application dated December 16, 2010. Tom and Kim Noah - Tabled (7:21 p.m.) Tom and Kim Noah, Lots 3 and 4 Anderson Beach, Pelican Lake in Dunn Township, requested the following: Construct a 34’ by 40’ replacement dwelling approximately 50’ from the ordinary high water level. Also the back of the house will extend approximately 4’ into the bluff. Construct a 14’ by 34’ deck approximately 36’ from ordinary high water level. Construct a 5’ by 25’ cantilevered walkway. The walkway will be above the bluff held up by two 16” diameter concrete piers that will be bored into the slope of the bluff. Walkway to run from rear of new structure to road right-of-way. Existing wood ramp from road to bottom of lot to be removed permanently. Existing creosote railroad ties for bluff support to also be removed and replaced with concrete landscape blocks. April 14^'’, 2011 Meeting -The audience was polled with no one speaking for or against the variance as requested. Prior to the public hearing the applicants submitted a letter requesting that their application be tabled until the May 5, 2011 meeting. After consideration and discussion, the Board of Adjustment by general consent accepted the applicants requested to have the hearing tabled until the May 5, 2011 Board of Adjustment meeting. May 5^'’, 2011, Meeting - Prior to the public hearing the applicants submitted a letter requesting that their application be tabled until the June 2, 2011 meeting. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried ^ with Rod Boyer abstaining,' to accept the applicants requested to have the hearing talDled until the June 2, 2011 Board of Adjustment meeting. Michael Schnoes - Denied. (7:25 p.m.) Michael Schnoes, part of Government Lots 5 and 6; Section 33 of Tordenskjold Township by an unnamed lake, requested the following: Option A - Construct 40’ by 72’ by 25’ storage building with temporary living quarters, to be removed when dwelling constructed, being approximately 16’ from ordinary high water level and one foot from east lot line, structure to exceed 20’ non-dwelling allowance - 5’ foot variance requested. Future dwelling area of 1,904 square feet. (Shape to be determined at time of construction.) Dwelling approximately 16’ from ordinary high water level and 7.5’ from wesLIot line and 13’ from easement road. Impervious surface coverage at 20.86%. Variance for septic system being approximately 43’ from ordinary high water level (required setback is 150’). Option B - Construct 36’ by 72’ by 25’ storage building vvith temporary living quarters (to be removed when dwelling constructed) being 16’ from ordinary high water level and one foot from east lot line, structure to exceed 20’ non­ dwelling allowance. 5 foot variance requested. Future dwelling area of 1408 square feet (shape to be determined at time of construction) being approximately 16’ from ordinary high water level. Impervious surface coverage at 17.8%. Variance for septic system being approximately 35’ from ordinary high water level ,(required setback is 150’). OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify this instrument #______. was filed/recorded in this office for rec^ on the _5s^day of Qm 2003 at^; Wendy L. Metcalf,^oun^ R^Qorder flOTh- 936813 ftmmI ____well certlfl^te MORTGAGESATISFACTIONO F Loan # 12423455 KNOW ALL MEN BY THESE PRESENTS: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NORTH AMERICAN MORTGAGE COMPANY a corporation, the owner and holder of a certain mortgage deed executed byTHOMAS A NOAH AND KIMBERLY P NOAH, iHusband and Wife to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. bearing date 09/10/01, and filed for record as Doc# 888831 ), on 09/11/01 That (Book in the office of the County recorder of OTTER TAIL County, Minnesota, is with the indebtedness thereby secured, fully paid and satisfied. _ _ ...... ..........- Dated: ODyt^/OT ' ~ MORTGAGE ELEG^fRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE RICAN MORTGAGE COMPANY , Page FOR NORTH By k^MartinezMilai Asst. Vice President COUNTY OF PINELLAS I HEREBY CERTIFY that bn 08/09/03, before me', an officer-duly authorized in the State and,County aforesaid "to take acknowledgements, personally appeared Milagros Martinez known, who, being duly sworn by me did say that he/she is the Asst. Vice President MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE STATE OF FLORIDA r personally OF FOR NORTH AMERICAN MORTGAGE. COMPANY the corporation named'in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its board of directors and said Milagros Martinez acknowledge said instrument to be the free act and deed of said corporation. i STEVEN ROGERS Notary Public. State of Fforida ly Commission Exp. Jan.8,2007 #000176150 Bonded through f-iortde Notary Assn., Inc. Steven Ri Notary ^ Drafted By > A.Grah; _ when recorded return to: Nationwide Title Clearing 2100 Alt 19 North ...... Palm Harbor, FL 34683 rs lic/Commission expires 01./08/200.7' ITC,2100 Alt 19 N., Palm Harbor, FL 34683' II mil HIM Hill Ml Mill IIIIII Tr o 1821 3rd Street North Fargo, North Dakota 58102 232-6892 (Home) 238- 1848 (Mobile) 239- 8213 (Fax)r I Terry Scnandei^g) Constructio^^mpanvt\ Tom & Kim Noah 50338 Anderson Beach Road Pelican Rapids, Minn Subject Variance request In requesting a variance for the above named property on Pelican Lake, we do give permission for Terry Schander Construction to act in our behalf at the special variance meeting if we cannot attend. Owners /Tom Noah lm^10Kim Noah Contractor Terry Schander Nationwide Title Clearing 2100 Alt 19 North Palm Harbor, FL 34683 ; Telephone: (727) 771-4000 Fax: (727) 771-4001 RE: Loan: 12423455 Name: THOMAS A NOAh AND KIMBERLY P NOAH, Husband and Wife Addr: 503380 ANDERSON BEACH RD PELICAN RAPIDS, MN 56572 THOMAS NOAH 3444 BIRCHWOOD CT FARGO, ND 58104i i Dear Sir or Madame; Enclosed is the original recorded Satisfaction.or Release of Mortgage. Please retain the enclosed document for your records. Thank you for doing business with WASHINGTON MUTUAL BANK, FA Sincerely, Customeir Service Representative Nationwide Title Clearing for WASHINGTON MUTUAL BANK, FA File Locator 26446 HSLRL 12423455 Itrab.ddf Pre-Application Site Inspection Request Twp NameLake / River No L^e / River Name fjJjLtCiAl) Lake/River Ciass Section &T)u Parcel(s) No.Property (E-911) Address (500- 9 le~(90^ Property Owner Information: ’^Name(s): 'Address: 4 KV)e>rU-______________ rtyt 1 IKI/O__________ Daytime Phone: Type of Request:\/^erify Setback Bluff:Stake SetbackDetermination V^'^'^Verify SetbackOHWL:Determination Stake Setback Stringtest:Determination Non-Conforming Repair or Replacement Structure: Miscellaneous: _____ Describe Request: Confirm Consistency With Existing Structure A scale drawing must accompany Pre-Application Site Inspection Request must be staked onsite f* -^ & request /£t25Z 7Property Owner iate Received By: LancJ & Resource Management Staff Date INSPECTION COMPLETED (Inspection must be done within 10 days of receipt):bt-I(h!(o ^ -iMktdUln ' Date Onsite ' Date Property Owner Notifie(j Inspector (Inspector must provide site drawing or field notes on other side.) mbowman Application & Forms Pre-Application Site Insp Request Form10/1/07 f D€cy^ 1 »1 June 2,2011 Page # 5 /■Tom and Kim Noah - Approved the variance request as modified. (8:17 p.m.) Tom and Kim Noah, Lots 3 and 4 Anderson Beach, Pelican Lake in Dunn Township, requested the following: Construct a 34’ by 40’ replacement dwelling approximately 50’ from the ordinary high water level. Also the back of the house will extend approximately 4’ into the bluff. Construct a 14' by 34’ deck approximately 36' from ordinary high water level. Construct a 5’ by 25’ cantilevered walkway. The walkway will be above the bluff held up by two 16” diameter concrete piers that will be bored into the slope of the bluff. Walkway to run from rear of new structure to road right-of-way. Existing wood ramp from road to bottom of lot to be removed permanently. Existing creosote railroad ties for bluff support to also be removed and replaced with concrete landscape blocks. April 14*’’, 2011 Meeting -The audience was polled with no one speaking for or against the variance as requested. Prior to the public hearing the applicants submitted a letter requesting that their application be tabled until the May 5, 2011 meeting. After consideration and discussion, the Board of Adjustment by general consent accepted the applicants requested to have the hearing tabled until the May 5, 2011 Board of Adjustment meeting. May s'**, 2011 Meeting - Prior to the public hearing the applicants submitted a letter requesting that their application be tabled until the, June 2, 2011 meeting. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Rod Boyer abstaining, to accept the applicants requested to have the hearing tabled until the June 2, 2011 Board of Adjustment meeting. June 2, 2011 'Meeting - The audience was polled with no one speaking for or against the variance as requested: Terry Schander appeared with the applicant (Tom) at the public hearing. After consideration and discussion, Randall Mann made a motion to approve placement of the proposed development 50’ from the ordinary high water level, to deny the variance as requested from bluff and to allow placement of the back wail of the proposed dwelling against the railroad ties with the condition that the upper retaining wall must be repaired. This motion does not directly or indirectly grant any other variance for the proposed development. After additional discussion this motion was withdrawn. Randall Mann then offered a motion to deny, which was later withdrawn. After further consideration and discussion, Randall Mann rriade a motion, second by Steve Schierer and carried with Joe Maske abstaining, to approve a variance of 25’ from the required ordinary high water level setback of 75’ for the location of a building site 50’ from the ordinary high water level. Concern was expressed that the applicants' proposed development might be more development than the lot can support. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. / ■ / Swan Lake Club - Approved the variance request as modified. (8:52 p.m.) Swan Lake Club, part of Government Lot 3, Section 19 of Dane Prairie Township by Swan Lake, requested the following: (1) proposing to construct a new dwelling being 36' from ordinary high water level (Swan Lake). The existing cabin is approximately 18’ from ordinary high water level. Requesting a variance of 64’ from required ordinary high water level, being,36’ from ordinary high water level. Required setback is 100’. Also proposing an 80’ variance from Chautauqua Lake being 120’ back form the ordinary high water level. (2) proposing to construct a 28’ by 30’ detached garage being approximately 56’ from the ordinary high water level of Chautauqua Lake (56-780). Requesting a variance of 144’ from the required ordinary high water level. The required setback is 200’. The existing 24’ by 24’ detached garage will be removed off site. Also proposing to do this project in two phases. Phase 1 - Demo of existing cabin will be done in Fall of 2011 and new construction of new cabin will be in 2012. Phase 2 - Removal of existing detach garage and construction of new garage will take place in 2014. The applicant was represented by Jerry Piazza and Judith M. Stringer, members of the Swan Lake Club and Derek Jensen, Contractor. The audience was polled with Judith Stringer expressing concern with water draining from the concerned property unto her property after the lot has been filled. After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to approve placement of the proposed dwelling as described in the application dated May 12, 2011 and as depicted on the drawing submitted with the application no closer to the ordinary high water level of Swan Lake than the general building line or 36’ whichever provides the greater setback distance; to approve a variance of 80’ from the required ordinary high water level setback of Chautauqua Lake for the placement of the proposed dwelling as described in the application dated May 12, 2011 and as depicted on the drawing submitted with the application 120’ from the ordinary high water level setback of Chautauqua Lake and to approve a variance of 144' from the required ordinary high water level .setback of 200’ for the placement/construction of a 28’ by 30’ detached garage 56’ from the ordinary high water level of Chautauqua Lake. The variances as approved do not directly or indirectly grant any other variance for the development as described in the variance application dated May 12, 2011 or for any otherTuture development. RECEIVED APR 25 2011 PITER I AIL CU. AUDITOR FERGUS FALLS, MNy /// /'/''I 7^^CA (St 7f> 7%^ 7 /7 7 A. /^C^e^A^/ks- y /V-7----- S~0 33S<4-<s!i!^^5*ei^ co^ j// ?/// AA /9^ ^£i^t ^e^/3^? 7L 7^/}^^;/ /y^Ai^ >4 4^t4'U^S /O f <L A^ cA- //t^ cA/- &-A>4h^£^t—^ ' c-Ay5^>K^ / . A A'^ /Ay cA_yyn //w yi^OcA ^y-yAj . ~^- -A y^/j^ C<^i.e y4 '^>7< A.AtA ^jArA/f yi •y ?y-y.'y /<y ~M A3'7sy( received m^rmulTERiAiLCU.noUiTOR fFRGUS FALLS, MN IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite /Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): / Ft2Structure(s): Ft2Deck(s): a-Ft2Driveway(s): ^_______Ft2 Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): £d Ff2Retaining Wall(s): ^ Ft2Landscaping: (Plastic Barrier) Other:'^:0 ' Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: \BeGO .%X100 == TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIOLOT AREA I?I •,IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing^: i Ft2Structure(s): Ft2Deck(s): ■ Ft2Driveway(s): 0-Ft2Patio(s): Ft2Sjdewalk(s): Ft2Stairway(s): R2Retaining Wall(s): _ Ft2Landscaping: (Plastic Barrier) Other:-0 Ft2 TOTAL IMPERVIOUS SURFACE:Ft2 Ft2LOT AREA: ■ __________________________________ TOTAL IMPERVIOUS SURFACE X100 =%i •& LOT AREA IMPERVIOUS SURFACE RATIOI?I i APPLICATION FOR GRADE & FILL PERMIT LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL pc-.-' i ,Gq^RNMENTSERVICESCENTER, 540 WEST FIR, FERGUS FALLS, MN Li-L- ! / iUlU 218-998-8095 www.co.otter-tail.mn.us RECEIVED 56537 LA.ND a RESOURCE PLEASE PRINT ORTYPE ALL INFORMATION Permit No. LAKE/RIVER CLASS SECTION TWP. NO.RANGE TWP NAMELAKE/RIVER NAMELAKE/RIVER # 17 PROPERTY (E-911) ADDRESSPARCEL NUMBER(S) Petic3U> R&P'QSj rin-/vA-»DESCRIPTION 'Qpijcajt/ Lsjea /^iVae. "TfUL/ /iaauT<t{ Mailing Address DAYTIME Phone No.First InitialLast Name OsJC gfeggtt.k/twfla?4^Property O-ifaig rSBPVOwner Ccf^Aiopee, i^jtsrContractor Name Lic. # NOTES: 1. The lotlines and project area(s) must be staked. 2. If project disturbs more than 1 acre of land you are required to obtain a General Storm Water Permit from the MPCA. Received DATEL&R Official PROJECT REQUEST (You may use the grid on back for required scale drawing); ScWftAQg. E‘<cvg<ft»tA ‘jTteucryuLif^ ^5iL&s5ib il\>Jt> U^U.Kvuai^ ^vtsYW. ^(Ba.i> Try t?eirravfv oh qj^^cK majjJ 5T\rLvcftuvt€. C Tma M''&l)J ^gR6A~Leck taU-r-U UU^lc. . li>AtVvu>A.^ Qy»ftNVL pAtiSA "To {^oac U-f(kvA^ OlltCL ___________________________________________________ DESCRIBE YOUR PROJECT(S): ______^LuSt^- LUAU. DETAILED INFORMATION: AREA TO BE CUT/EXCAVATED:M.Width Ft. X 3 Ft. - 27= Ilf'S" Yds^ Ave. Depth Ft. X Length 17Ft. X ^ Ft. X ^ Ft. - 27 = Ave. Depth Ft. X ISU Ft. x_3_ Ft- *27= 3M Yds^ Ave. Depth TOTAL EARTHMOVING REQUESTED = 25^ Yds= Yds^WALK-OUT BASEMENT PROJECTS: (Outside of the building foundation)WidthLength AREA TO BE FILLED/LEVELED:WidthLength Ft.Ft.BACKFILL AT FOUNDATION: Distance From FoundationMax. Depth fifCULVERT:If Yes, must indicate size and location on drawing. Yes MIMPERVIOUS SURFACE:% SICSNATafe^F PROPERlV OWNER/AGENT FO^OWNER DATE RECEIPT NUMBER BK02/09 The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing ;and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. Scale \oo‘ ■1/ I c/-■?; • vn i a \n i/fI¥ I.^VO teo OetX | y r / f V \(// 5H'V ^ j VX6U, TT.O 1 -V^V£> Ux5t\0^j\iev>J a7“ f’'rO'^06Cti — €Of 5€ ifi- A.O \V Saojo^e. \s T(£> '(vne-fr s BK — 0209 336.629 • V(Ctw LunOMn Co. Pnniers • Fergus Palls. MN • 1-800-346-4370 received DEC 1 7 2010 '-AND & RESOURCE WAIVER OF 60-DAY RULE TH/S WAIVER IVIUSTBE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # ) described in my dated Application . 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(s). I understand that in the absence of a waiver of the 60-Day Requirement, the County may have no alternative but to deny my Application(s). Therefore, I hereby agree to waive the 60-day time limit in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view the property before taking action on my Application(s). PROPERjfy Irh''n -It) DATE OWNER 11-02-04 Mbowman forms-apps waiver 60 day rule Notice of Hearing for Variance Otter Tail County Government Services Center 510:FirAveW Fergus Falls, MN 56537 (218)998-8030/998-8041 Ernail - wstein@c6.6ttertail.rnn.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:' Tom and Kim Noah 4457 Oakcreek Dr. S. Fargo, ND 58104 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 —^Fhersday, April 14, 2011 at 6:30 p.m.5 in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance Ipcated 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 Lots 3 and 4 Anderson Beach, Property Address - 50338 Anderson Beach Road Section 11, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - the following; Construct a 34’ by 40’ replacement dwelling approxirhately 50’ from the ordinary high water level. Also the back of the house will extend approximately 4’ into the bluff. Construct a 14’ by 34’ deck approximately 36’ from ordinary high water level. Construct a 5’ by 25’ cantilevered walkway. The walkway wiM be above the bluff held up by two 16” diameter concrete piers that will be bored into the slope of the bluff. Walkway to run :/from rear of new structure to road right-of-way. Existing wood ramp from road to,bottom of lot to be removed / permanently. Existing creosote railroad ties for bluff support to also be removed and replaced with concrete landscape blocks. 'Wayne Stein Board of Adjustment Secretary Date: March 17,2011 V; 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 21st, day of March, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Tom and Kim Noah, 4457 Oakcreek Dr S, Fargo, ND 58104 Aldie Kelsven, Twp Clerk of Scambler, PO Box 430, Pelican Rapids, MN 56572 Pelican Lake , Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 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 FaHs,!MN 56537 DNR Regional Administrator, 2115 BirchmOnt Beach Rd. NE, Bemidji, MN 56601 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 21, 2011 Wayne Stein, Secretary^ tt f! /a.By: Vi Manderud TIMOTHY T CROMPTON 50412 ANDERSON BEACH TRL PELICAN RAPIDS MN 56572 7088 ELDEVICK RESORT LTD PRTNRSHP 20393 PELICAN DR S PELICAN RAPIDS MN 56572 7077 ACE A BRANDT PO BOX 230 FARGO ND 581070230 LLOYD A & BETTY LARSON 1329 12THAVES FARGO ND 58103 3005 ROLAND W & KATHLEEN A JOHNSON 471 CLEARVIEWCT MOORHEAD MN 56560 6801 ALLEN GOLBERG 50354 ANDERSON BEACH RD PELICAN RAPIDS MN .56572 7087 DARREL & SUSAN MERCIL 50210 ANDYS LN PELICAN RAPIDS MN 56572 7090 SUSAN MERCIL 50210 ANDYS LN PELICAN RAPIDS MN 56572 7090 KENNETH & LOUISE LEE 2410RIVERSHORE DR MOORHEAD MN 56560 4213 DONALD B NELSON . 27768 XERXUS ST NW ZIMMERMAN MN 55398 4741 MIDWEST SUBWAY DEVELOPMENT THOMAS A & KIMBERLY P NOAH 4457 OAKCREEK DR S FARGO ND 58104 6619 LLP PO BOX 932 FARGO ND 58107 0932 JAMES & JEANA PEINOVICH 132 PRAIRIEWOOD.DR FARGO ND 58103 4611 WA& PEARL M SIMUNDS 637 21 STAVES FARGO ND 58103 5320 ERLING & BETTY J OPSKAR 50400 ANDERSON BEACH TRL PELICAN RAPIDS MN 56572 7088 Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH; 218-998-8095 Otter Tail County’s Website: www.co.otter-tail.mn.us November 17, 2010 Terry Schander 1821 3^'^ Street North Fargo, ND 58102 RE: Variance request for tom and Kim Noah, Pelican Lake (56-786) Terry, I have read through the variance application that you submitted on November 12, 2010 and have come up with some possible changes that vvill help the Board of Adjustment better understand your request. • Specify your request EXAMPLES • Constructing a 30’x 40’replacement dwelling approximately 50’ from OHWL. Also, the back of the house will extend in to the bluff 4 feet. • Construct a 14’x 34’ deck to be approximately 36’ from OHWL. • Construct a 10’x 25’ cantilevered walkway. The walkway will be in the bluff (O’ setback from bluff) and.up to or in the road right-of-way (O’setback from road right-of-way). • Keep the info regarding the post holes and add any info regarding retaining walls. Make sure you calculate the impervious material. You need to be at or below 25% impervious coverage. If you are over the 25% impervious coverage you may add that to the variance request. Calculate how much earthmoving will be needed for this project. Since the bluff area has been disturbed our office could issue a Grade and Fill Permit provided the total earth moving for this project is at or below 300 cubic yards. I have enclosed a Grade and Fill Application for your convenience. Since you are a licensed contractor and acting as the agent for the owners you may sign the Variance Application. The property owners need to read and sign the Waiver of 60 Day Rule paperwork attached to the Variance Application. Contact our office if you have any questions' Thank you. Eric Babolian Inspector *' PELICAN LAKE ; ORDINARY WIGW UiATER MARK jPO'-O" I K>XK3 TJ tJJr"OOs}>I H T)I rrO>cZ(j> s.m AO'-O* \ IHmip I \ DECK11® D I io'«o‘ 'n IT) »NELU HOME ij r' ■ ^IL/ §.its £>(\ I \ !0> < m-I o>o >T1 rOJ0r-Oc::-n A-n ;o > ^ i zI o iE; T”\ii^ i ‘v. v-^ iyj~\f\ I*sV Vj \'•'iv I.Si I\ o Ii\■S' V... V./ \, 1OQQ ^ rj 0 / 1 PARKINS >''V OJ 0 ' ^SC-' /^ <5y & c:-'■ - 0 / <J ■'O ■‘"y J-. 't J I JV 3,=LtaTI rT ■ii~ M I' i~ ^’M&M...mitrs I r■< /. ^A ^A'Cu . A'h . A'ti . /i'A . /i'A .&i'A . /i'A . A'a . A'h . A't . A'c^ . A'h . A'i\ . A'h . A't\ . A'i\ . A't\ . A'i\ . A'h . A'b. . A't, . A'h . A&4 4AA4A444 44 A't^ . /5 'A . ^ 'A'A . 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