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Home My WebLink About55000990694000_Variances_10-09-20071029228 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I liGroby CGftify thst (Tj o q o o o this instrument #— was fiied/recorded in this office for record orhthe_S—day of NyPtfvlf^iir 2007 at2USam^mj Mlf '(WyWl recording fee iweii certificate We Deputy u(t 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 Tall County’s Website: www.co.ottertail.mn.us Application Fee Receipt Number iH !^ Accepted By / Date ^ 10 A F , y, I , (LX- I ^ ~70<- |—O'-I^S/ ^ I4lf\ I K A H L ^ DAYTIME PHONE ~70 I -9C,7~ '^^Q'7 kin 6^0^1^ COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER MAILING ADDRESS q7 ? LAKE NUMBER SU—^I '^t LAKE NAME fLA r SECTION ^ 2, TOWNSHIP / ^ ~1 -CiCsQ .CjCj - O -ooo-obb> -o<CiO -OOO A\/E S/. A/-/-A 1 A L./^ r<£LAKE CLASS RANGE QW,^ TOWNSHIP NAME ^ (L G^r>~> U — ooo 4 S “ ooo i;:: 4?:E-911 ADDRESS PARCEL NUMBER b% ~Qy~ LEGAL DESCRIPTION I—\fSci-'Sar O, (-OT OPiO H4W6kj I XLry TYPE OF VARIANCE REQUESTED (Please Check) l/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. sJo^y \ 4.4^ cL^\o*s^, Vcx.’i c- ^' o- -~1%‘ I , . 0-3 io-H-. -7L.X (3^v \"Vv O y7_t?V?«4.-3 cV^ 3. 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 & RESOURCMflANAGEMENT REGARDING THIS MATTER. fIGNATURE OF PROPERTY OVl^ER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) AJoJeHi ImA /_____TimeDate Of Hearing Motion Cynthia and Kenneth Hejl - Approved the variance as requested. (7:26 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 23.78’ from the required ordinary high water level setback of 100' for the placement of a dwelling 76.22’ from the ordinary high water level as depicted on the drawing prepared by Robert W. Swisse, Surveyor. It was noted that the proposed location is perhaps the best site on the property for the proposed development. It was also noted that the location of the proposed development will cause Lot 27 and Reserve Lot 1 to be combined and only one residential dwelling would be permitted on the combined parcel. Hardship is the terrain of the applicants’ property and the location of water on three sides of the property. jrman/Otter tail CourTty Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota November 1, 2007 Page # 2 John and Anna Marie Matteson - Denied. (7:13 p.m.) John and Anna Marie Matteson, part of Government Lot 6 Section 28 and part of the Southeast Quarter of the Northeast Quarter, Section 29 of Everts Township by Silver Lake, requested the following: The variance requested is to divide an eight acre parcel into two lots so a second residence can be built. These lots would each have 145’ of shoreline which would be inaccessible from the buildable areas because of a four acre slough. The minimum water frontage on a recreational lake is 150'. We request a variance of 5’ for the water frontage/lot width. We request the split be done without a survey and without going through the platting process. The audience was polled with Steve Langlie, Surveyor, speaking to the variance application and the platting process. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, 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 that granting the variance as requested would created two substandard lots. Cynthia and Kenneth Hejl - Approved the variance as requested. (7:26 p.m.) Cynthia and Kenneth Hejl, Lots 26, 27 and Reserve Lot 1 Oak Haven Beach Third Addition, Tamarac Lake in Scambler Township, requested a variance of 23.78’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 76.22’ from the ordinary high water level at the closest point. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 23.78’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 76.22’ from the ordinary high water level as depicted on the drawing prepared by Robert W. Swisse, Surveyor. It was noted that the proposed location is perhaps the best site on the property for the proposed development. It was also noted that the location of the proposed development will cause Lot 27 and Reserve Lot 1 to be combined and only one residential dwelling would be permitted on the combined parcel. Hardship is the terrain of the applicants’ property and the location of water on three sides of the property. Gregory and Kathleen Truax - Approved the variance as requested with a condition. (7:40 p.m.) Gregory and Kathleen Truax. Sub Lot C of the Northwest Quarter of the Northeast Quarter Section 11 of Aurdal Township by Fish Lake requested a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a dwelling 100’ 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, Paul Larson made a motion, second by Michael Harris and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a dwelling 100’ from the ordinary high water level as depicted on the drawing submitted with the variance application with the condition that the existing cabin must be removed prior to the issuance of any permits for the new development. It was noted that the proposed location is outside of the shore impact zone and is perhaps the best location for the proposed development. Hardship is the terrain and shape of the property. Paul and Linda Roberts - Approved the variance as requested. (7:50 p.m.) Paul and Linda Roberts, Lot 1 Block 2 Swan View Estates, Swan Lake in Dane Prairie Township, requested a variance to have Lot 1 Block 2 Swan View Estates declared a buildable lot for residential use. The audience was polled with Steve Langlie, Surveyor, requesting the Board to table action on this request until the adverse possession claim is resolved. It should be noted that Mr. Langlie was representing Bob and Linda Ressler. A letter from Bob and Linda Ressler in opposition to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to declare Lot 1 Block 2 Swan View Estates as a buildable lot for residential use. It should be noted that the variance as approved does not directly or indirectly grant any other variances for future development. The Board noted that there appears to be adequate room for future development that will not require any additional variances, that the variance as granted is consistent with past actions of the Board of Adjustment and will provide the applicants with a reasonable use of their property. Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wsteih@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 Goncern; Cynthia and Kenneth Hejl 2357 158 AveSE Arthur, ND 58006 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, November 1, 2007 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 Lots 26, 27 and Reserve Lot 1 Oak Haven Third Addition, Property Address - 48585 Alder Drive Section 23, Township 137, Range 43 - Township Name - Scambler Lake No. 56-931, Lake Name - Tamarac, Class - RD The variance requested is - a variance of 23.78’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 76.22’ from the ordinary high water lever at the closest point. Date: October 12, 2007 'H^ayne Stein Board of Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 15th, day of October, 2007 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Cynthia & Kenneth HeJI, 2357 158*^ Ave SE, Arthur, ND 58006 Vicky Arntson, Twp Clerk of Scambler, 16606 State Hwy 34, Pelican Rapids, MN 56572 Tamarac Lake Assoc., Skip Ludwig, 48013 Linda’s Beach Rd, Pelican Rapids, MN 56572 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, 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: October 15th, 2007 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud