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Home My WebLink About55000990755000_Variances_01-04-2007O'loi'l'ZOO'l 1012260 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thsR 1 this instrument #---- was filed/recorded in for record on the——day of jfJhi \Cm\ 2007atZl3£hm(^ 60* > . , this office ecorder _Deputy Wem by:Kj(. fvVlv:i recording fee Twell certificate t’L 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 Application Fee Receipt Number \ L\0 Accepted By / Date j DAYTIME PHONE O COMPLETE THIS APPLICATION IN BLACK INK f'O AoY SCp! Pehcu^ /)in PROPERTY OWNER MAILING ADDRESS 5fe- <1^3.LAKE CLASSLAKE NAMELAKE NUMBER 3i^112TOWNSHIP RANGE TOWNSHIP NAMESECTION ^55000^^01S500O E-911 ADDRESSSou~f2s^d 0 A'i2 PARCEL NUMBER ^/^cAr / S^<=3^ S'^2\LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback.^ Structure Size Sewage System Subdivision Ciuster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. X U-4" (c ^ Aoo jZf.+ \3 'Pr^Okv’lH OLO'^ 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 OWNERu DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearini /& V$ fi/nDate Of Hearing Time Motion Wesley Tweeton - Approved the variance as requested. (6:48 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 6’ from the required ordinary high water level setback of 200’ for the placement of a 14’ wide bedroom 194’ from the ordinary high water level. Hardship is the terrain of the applicant’s property. 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 0106-001 V. Lundeen 324855 January 4,2007 Page # 2 Wesley Tweeton - Approved the variance as requested. (6:48 p.m.) Wesley Tweeton, Lot 4 Block 1, Sandy Beach Estates, Sand Lake in Scambler Township, requested a variance of 6’ from the required ordinary high water level setback of 200’ for the placement of a 14’ wide bedroom 194’ from the ordinary high water level. The audience was polled with no one speaking for against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a variance of 6’ from the required ordinary high water level setback of 200’ for the placement of a 14’ wide bedroom 194’ from the ordinary high water level. Hardship is the terrain of the applicant’s property. Richard Ouren - Approve the requested variance with a modification. (6:52 p.m.) Richard Ouren, Lot 6 Stenstrom Beach and part of Government Lot 3, Section 12 of Elizabeth Township by Long Lake, requested a variance of 60’ from the required ordinary high water level setback of 100’ and a variance of 10’ from the required shore impact zone setback of 50’ for the placement of dwelling 40’ from the ordinary high water level. The audience was polled with no one speaking for against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve, if needed, a variance of 50’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 50’ from the ordinary high water level. It should be noted that the variance as approved will keep the proposed development out of the shore impact zone, will placed the proposed structure within the general building line and will provide the applicant with a reasonable use of his property. It should also be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. Angela Berge - Approved the variance as requested. (7:02 p.m.) Angela Berge, Lot 7 Block 1 Prairie Point, Wall Lake in Dane Prairie Township, requested the following: Sanitation code requires 24” of certain soil quality for a mound system. Site borings indicate 14". Requesting 10” variance. Milt Paulson represented the applicant at the public hearing. Also appearing at the public hearing were Mark Stortroen, Realtor and Lanny Hendrickson, the potential purchaser of Lot 7 Block 1 Prairie Point. The audience was polled with no one speaking for against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Bert Olson and carried with Paul Larson voting no, to approve the variance as requested noting that the proposed 14" exceeds the state requirement. It should be noted that the Land and Resource Department supports the applicant’s request and would prefer the installation of a mound system over the installation of a holding tank. The variance as granted will allow the applicant to install a system that meets the requirement of the state code and will provide the applicant with a reasonable use of the property. David Nyhus - Tabled (7:18 p.m.) David Nyhus, Lots 13 and 14 Linden Park, East Battle Lake in Girard Township, requested the following: I propose to construct (1) 22’ by 34’ addition with a 10’ by 8’ entry, (2) 24’ by 40’ second story addition to existing dwelling and (3) 24’ by 40’ second story addition to existing garage (to become one structure). The closest addition will be 24’ form the ordinary high water level. Requesting a variance of 76’ from the required ordinary high water level setback of 100’ for the development as proposed above. Project timeline is over the course of approximately three years. September 14, 2006 Meeting - 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 Randall Mann and unanimously carried, to table, per the request of the applicant, this variance hearing until the October 5, 2006 Board of Adjustment meeting. The applicant requested this action prior to the September 14, 2006 meeting and indicated that he would submit a written request for the file. October 5, 2006 Meeting - Prior to the meeting Thomas A. Gedde, Attorney for David Nyhus, submitted a letter requesting that the hearing be tabled until the November 2, 2006 meeting. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, per the request of the applicant’s attorney, this variance applip^^ November 2, 2006 meeting of the Board of Adjustment. the K 5 !?OOQ:I//OJ55000 Tax parcat . road n< topograpl^ I t)f ^(5p/vf'i laPs^^/ 1^ ^QO-^i O -S 3^ r (^4 5-T(^^ PO(xM \ S MU &-1 ^cSO"^ December 6, 2006 Page # 5 December 6, 2006 Meeting - Since the November 2, 2006 meeting of the Board of Adjustment the ordinary high water level for the above referenced property has been determined. As a result of this determination the applicant was advised to appear before the Board of Adjustment for reconsideration of the November 2, 2006 Board Action. After consideration and discussion, the above noted motion, by general consent, was revised to read as follows: to approve a 12’ by 24’ screened in/enclosed deck on the west side of the existing structure and to approve a 12’ by 35.5’ open aired deck on the south side of the existing structure. The Board noted that the proposed additions will be at least 37.5’ from the ordinary high water level, which will place the proposed additions outside of the shore impact zone. r/' Appeal Hearing - Wes Tweeton (8:54 p.m.) Wes Tweeton, Lot 1 Block 1 Sandy Beach Estates, Sand Lake in Scambler Township appealed the Land and Resource Department’s determination of the ordinary high water level setback. Wayne Roisum represented the Land and Resource Department and addressed the procedures used by the Land and Resource Department to determine the ordinary high water level. Wes Tweeton explained to the Board of Adjustment the materials that he presented to the office when he obtained his site permit for the proposed development and how he determined the ordinary high water level setback. It should be noted that the focus of the appeal hearing is to determine if the Land and Resource Department properly measured the ordinary high water level setback. After consideration and discussion, Randall Mann made a motion, second by Michael Harris and unanimously carried, to deny Mr. Tweeton’s appeal and to uphold and to support the process and procedures used by the Land and Resource Department when they measured the ordinary high water level setback for the above referenced property. Some of the members of the Board of Adjustment indicated there support for the location of the proposed development and encourage Mr. Tweeton to apply for a variance. With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:20 p.m. Wayne grtein Prepared by: , Secretary The minutes were mailed on, December 8, 2006 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment on Thursday, January 4, 2007. SCANNED WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^ 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 # ^ SS'OOO "1 ol T'f' COc^) Application , As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 described in my dated /2-7-oC. 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). j —- DATED PROPERTYOWNER SCANNED 11-02-04 Mbowman forms-apps waiver 60 day rule Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW Fergus Faiis, MN 56537 (218)998-8030/998-8041 Emaii - wstein@co.ottertaii.mn.us www.co.otter-taii.mn.us Appiicant must be present at the scheduied hearing. To Whom It May Concern: Wesley Tweeton PO Box 561 Pelican Rapids, MN 56572 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, January 4, 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 Lot 4 Block 1 Sandy Beach Estates, Property Address - West side of 47029 South Sand Lake Drive Section 36, Township 137, Range 43 - Township Name - Scambler Lake No. 56-942, Lake Name - Sand, Class - NE The variance requested is - a variance of 6’ from the required ordinary high water level setback of 200’ for the placement of a 14’ wide bedroom 194’ from the ordinary high water level. 'Wayne Stein Board of Adjustment Secretary Date: December 15, 2006 SCANNED 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 December, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Tweeton Construction, PO Box 561, Pelican Rapids, MN 56572 Vicky Arntson, Twp Clerk of Scambler, 16606 State Highway 34, Pelican Rapids, MN 56572 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, 1509 1®‘Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Shierer, 32117 260th Ave, Erhard,MN 56534 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236 Bert Olson, 501 North Shore Dr., 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: December 15th, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:0 I \<^' Vi Manderud SCANNED CLIFFORD R MILLIGAN JR 101 4TH ST NW BARNESVILLE MN 56514 3212 TWEETON CONSTRUCTION KEVIN W & KAREN A RETRUM 20785 SAND LAKE RD S PELICAN RAPIDS MN 56572 7802PO BOX 561 PELICAN RAPIDS MN 56572 561 TO THE PUBLIC TWEETON CONSTRUCTIONCRAIG & KRISTI SKRAMSTAD 23207 PELICAN BASS LN PELICAN RAPIDS MN 56572 7161 PO BOX 561 PELICAN RAPIDS MN 56572 561 ALLEN L SR & DOROTHY WAASDORP 20559 SAND LAKE RD S PELICAN RAPIDS MN 56572 7802 EDWARD D & PAMELA L VICKERS 4614 SEAWOOD AVE SEBRING FL 33875 5244 12/8/2006LIST PARCELS IN BUFFER CountrycszAddr2 Addr3SortnameNamelName2Street AddrParcel Number PELICAN RAPIDS MN 56572 7802 BARNESVILLE MN 56514 3212 PELICAN RAPIDS MN 56572 561 PELICAN RAPIDS MN 56572 561 PELICAN RAPIDS MN 56572 7161 PELICAN RAPIDS MN 56572 561 PELICAN RAPIDS MN 56572 7802 SEBRINGFL 33875 5244 55000360245000 W/\ASDORP,ALLEN L SR & DOROTHY ALLEN L SR & DOROTHY W/\ASDORP 55000360248006 MILLIGAN,CLIFFORD R JR 55000990752000 TWEETON CONSTRUCTION 55000990753000 TWEETON CONSTRUCTION 55000990754000 SKRAMSTAD,CRAIG & KRISTI 55000990755000 TWEETON CONSTRUCTION 55000990756000 RETRUM,KEVIN W & KAREN A 55000990757000 VICKERS,EDWARD D & PAMELA L 55000990758000 TO THE PUBLIC 55000990785000 CONSTRUCTION,TWEETON 55000990791000 TO THE PUBLIC 20559 SAND LAKE RD S 101 4THSTNWCLIFFORD R MILLIGAN JR TWEETON CONSTRUCTION TWEETON CONSTRUCTION CRAIG & KRISTI SKRAMSTAD TWEETON CONSTRUCTION KEVIN W & KAREN A RETRUM EDWARD D & PAMELA L VICKERS TO THE PUBLIC TWEETON CONSTRUCTION TO THE PUBLIC •>>PO BOX 5 PO BOX 5 c > 23207 PELICAN BASS LN PO BOX 5 20785 SAND LAKE RD S 4614 SEAWOODAVE PELICAN RAPIDS MN 56572 561PO BOX 5 Page 1 12/8/2006Buffer Mail CountryCSZSortnameStreet Addr Addr2 AddrSNamelName2 31 PELICAN RAPIDS MN 56572 561 BARNESVILLE MN 56514 3212 PELICAN RAPIDS MN 56572 7802 PELICAN RAPIDS MN 56572 7161 TWEETON CONSTRUCTION CLIFFORD R MILLIGAN JR KEVIN W & KAREN A RETRUM CRAIG & KRISTI SKRAMSTAD TO THE PUBLIC TWEETON CONSTRUCTION PO BOX 561CONSTRUCTION,TWEETON MILLIGAN,CLIFFORD R JR RETRUM,KEVIN W & KAREN A SKRAMSTAD,CRAIG & KRISTI TO THE PUBLIC TWEETON CONSTRUCTION VICKERS,EDWARD D & PAMELA L EDWARD D & PAMELA L VICKERS WAASDORP,ALLEN L SR & DOROTHY ALLEN L SR & DOROTHY WAASDORP 101 4TH ST NW 20785 SAND LAKE RD S 23207 PELICAN BASS LN PELICAN RAPIDS MN 56572 561 SEBRING FL 33875 5244 PELICAN RAPIDS MN 56572 7802 PO BOX 561 4614SEAWOODAVE 20559 SAND LAKE RD S Page 1 ► OTTER TAIL COUNTY www.co.otter-tail.mn.us GOVERNMENT SERVICES CENTER FERGUS FALLS, MN 56537 Direct Line (218) 998-8041 Office Line (218) 998-8030 OFFICE OF THE COUNTY AUDITOR 510 Fir Ave W. E-Mail wstein@co.ottertaiI.mn.us Fax No. (218) 998-8042 _______ Date: November 28, 2006 To: Members of the Board of Adjustment From: Wayne Stein ^ OJ RE: Appeals Hearing - Scheduled for Wednesday, December 6*^, 2006. Please find enclosed the following: 1. Page 29 of the Shoreland Management Ordinance - Please note Section 4 regarding Appeals, 2. A revised agenda for the Board of Adjustment meeting scheduled for Wednesday, December 6, 2006 - Please note that the Appeals Hearing has been scheduled for Wednesday, December 6, 2006 to eliminate the need for a special meeting, 3. Notice of Appeals Hearing, and 4. Related documentation - a. Wayne Roisum’s Letter, b. Wes Tweeton’s Letter, c. Application for Site Permit, d. A copy of a portion of a Plat Drawing, and e. A sketch. Should you have any questions please feel free to contact either Bill Kalar (998-8105) or myself (998- 8041). Thank you very much for your attention to this matter and sorry for the short notice, but if the issue can be addressed on Wednesday, December 6’^, 2006 we can avoid having another meeting in December. ^006^nd SCANNED Shoreland Management Ordinance of Otter Tail County Effective 01/01/04 Page 29 O. The Administrative Officer shall inspect after notification and inform the applicant in writing whether the project complies with the approved Conditional Use Permit. The purpose of the Conditional Use Permit shall not be put to use until written approval has been granted by the Administrative Officer. 4. Appeals: A. The Board of Adjustment shall hear and decide appeals from and review any order, requirements, decisions or determinations made by any Administrative Officer charged with enforcing any provision of this Ordinance. B. Any appeal from any decision, order, requirement or determination within the jurisdiction of the Board of Adjustment shall be taken by the filing of a notice of appeal with the secretary of the Board within 10 days from the date on which the appellant was notified in writing by the officer making such decision of the decision. No such appeal shall be filed by the secretary of the Board unless accompanied by the Appeal Fee established in the Fee Schedule. C. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the applicant and the officer from whom the appeal is taken and decide the same within a reasonable time. The Board of Adjustment may reverse, affirm wholly or partly, or may modify the order, requirements, decisions or determinations as in its opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The reason for the Board’s decision shall be stated in writing. The decision of the Board shall be final unless appealed to the District Court in Otter Tail County by a person having an interest affected by such decision. 5. Variances from Standards: The Board of Adjustment shall have the exclusive power to order the issuance of variances from the terms of this Ordinance including restrictions placed on non-conformities. A. Variances shall only be permitted when they are in harmony with the general purposes and intent of the Ordinance in cases when there are practical difficulties or particular hardship in the way of carrying out the strict letter of the Ordinance. “Hardship” as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the Ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. B. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the Ordinance. C. No variance may be granted that would allow any use or expansion of use that is prohibited in a Shoreland Management District. D. The Board of Adjustment may impose conditions in granting the variance to insure compliance and to protect adjacent properties and the public interest. E. In considering variance requests, the Board of Adjustment must also consider: 1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other owners in the same area; 2. Whether existing sewage treatment systems on the property need upgrading before additional development is approved; SCANNED Revised Agenda AGEN DA- Otter Tail County Board of Adjustment Wednesday, December 6, 2006 Physical AddressLake/RiverTownshipName Meeting open to the public.6:30 p.m. - Approved the Minutes - November 2, 2006 Meeting 23320 Parkdale Beach Road 37538 460'*' Ave 15721 St. Olaf Road 20704 Jacobs Beach Road 37939 Dead Lake Road 28507 County Highway 35 Dane Prairie - Sec. 19 Otto - Sec. 18 St. Olaf - Sec. 2 Pelican - Sec. 11 Dead Lake - Sec. 34 Maine - Sec. 32 Swan (56-781) Rush (56-141) Long (56-390) Prairie (56-915) Dead (56-383) West Lost (56-481) Tim & Sue Atkinson Peter Waldon Marilyn Harbaugh Roger E. Anderson Steve & Claire Zukowski Weslake Resort 7:30 p.m. 45712 Devils Lake Road 43521 Fort Thunder Road 29335 State Highway 108 Paul (56-245)Edna - Sec. 1 Perham - Sec. 22 Dora - Sec. 32 Bruce Halverson Sr. Charles & Brenda Minge Brad Rutter NA West Silent (56-519) 7:30 p.m. Tabled Item East Battle (56-138) 23534 Castle TrIGirard - Sec. 26David Nyhus Reconsideration - 41683 Riviera DriveOtter Tail (56-242)Otter Tail - Sec. 5Robert & Kathy Hoffert 7:30 p.m. Appeal Hearing Sand (56-942)Scambler - Sec. 36Wes Tweeton **Lot 5 Block 1 - 20785 SAND LAKE RD S (west side of #47029) SCANNED Notice of Appeals Hearing otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Wes Tweeton Tweeton Construction LLC PO Box 561 Pelican Rapids, MN 56572 has made application to the Otter Tail County Board of Adjustment for an appeal hearing as per requirements of the Otter Tail County Shoreland Management Ordinance (Page 29). The Otter Tail County Board of Adjustment will assemble for this appeal hearing on Wednesday, December 6, 2006 at 7:30 p.m.j in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lot 4 Block 1 Sandy Beach Estates, Property Address - 20785 SAND LAKE RD S (Lot 5 Block 1 - Sandy Beach Estates), (West Side of #47029) Section 36, Township 137, Range 43 - Township Name - Scambler Lake No. 56-942, Lake Name - Sand, Class - NE The appeal hearing concerns the following: Please see the attached documentation from Wes Tweeton and from Wayne Roisum. 'H^ayne Stein Board of Adjustment Secretary Date: November 28, 2006 otter Tail County LAND & RESOURCE MANAGEMENT 218-998-8100121 W JUNIUS, FERGUS FALLS MN 56537 November 28, 2006DATE: Wes TweetonTO: -3^Wayne RoisumFROM: Re; Site Permit # 23399 Sand Lake 56-942 Mark Ronning was onsite to inspect the structure allowed by the above permit. He couldn’t determine the setback to be the required 200 feet, so he returned the permit for re-inspection. 10-13-06 10-16-06 Scott Ellingson and 1 were onsite to determine the OHWL setback. We “shot” the lake as to the benchmark set down by DNR. We determined the lake to be 1.67 feet above the OHWL. We then measured back from what we determined to be OHWL in the proximity of the structure in question. The patio slab, on the west side of the structure, measured 190 feet from the OHWL. The wall line, marked by anchor bolts was 4 feet landward, this made it 194 feet from OHWL. We determined that the east side of the structure was at least 200 feet from the OHWL. This was an approximation, as there was a spoils pile that hampered measurement. 1 was onsite again after the spoils pile was adjusted and determined the east side to be at 206 feet from OHWL. 10-26-06 S*0 Tweeton Construction LLC For all your construction needs! P.O. Box 561 Pelican Rapids, MN 56572 November 28,2006 Dear Otter Tail County Appeals Board: I am appealing the procedure used in determining the OHW on my lot on Sand Lake. Lot #4 Block 1 Sandy Beach Estate. When I applied and was issued a permit for a new home I submitted a certified plat drawing, noting lot measurements. I transferred these measurements onto my scaled drawing as required. I then proceeded with the project keeping new home 12 feet behind the 200 foot line as shown on the plot. While inspecting, after all my concrete was poured with “heat tubes”, they decided the plat measurements were incorrect. They reduced the east side measurements from OHW to survey pin down to 27 feet v/s the 37 foot shown on plot. They reduced the west side down to 20 feet v/s the 30 feet on plot. In losing the 10 feet @ OHW and drawing a line across my own lot from side lot line to side lot line my house is still 2 feet behind the line, but due to an unknown sink hole, drop off 15 feet out into the water @ OHW mark of depth of 22 inches of water, the west wing of the house (14 foot wide bedroom) ends up at 194 feet, they claim. I don’t feel this is a fair way to measure this. I, in good faith did use a plat map provided by the recorders office. I submitted it at the time of receiving my permit and followed the rules as normal by measuring down both lot lines 200 feet and running a line across my lot, and kept my house behind it. With the lake being 22” over OHW the wave action can change the water depth weekly. I assume that is why OHW is predetermined on the plats. This drop off was even a surprise to Wayne Roisum, because the shoreline does not reflect a change as such. With winter nipping in the air I really need to proceed with this project. My son was planning to move into it in January. Sincerely, Wes Tweeton APPLICATION FOR SITE PERMIT LAND & RESOURCE MANAGEMENT, OTTER TAIL COUNTY (218-998-8095) 121 W. JUNIUS AVE. SUITE 130, FERGUS FALLS, MN 56537 www.co.otter-tail.mn.us WHITE - Office GOLDENROD - inspector YELLOW - Owner (after issue) PINK - Assessor PLEASE PRINT OR TYPE ALL INFORMATION Permit No. LAKE/RIVER NAME LAKE/RIVER CLASS SECTION 3(p TWP NO.RANGE TWP NAMELAKE / RIVER NO.C--137<r‘/-no /V£f f-— PROPERTY (E-911) ADDRESS y ,PARCEL NUMBER (S) 5S 1375.300 7) , 1 <-#/ 'LEGAL DESCRIPTION -+■ V Bi: ■ ^ /;5:/. LasI Name Fifsl Initial Mailing Address Daytime Phone NoTTProperty Owner P.\:.-r I t! j 5 (>•r (T P ■ jo VUCvVj.-'vl'IContractor Name Lie.#P 0}^ /n n ITS -) y-j 7 0 ONSITE WATER SUPPLY C^'lndividual ( ) Public ( ) None NOTE: MN Rules Chpt. 4725 (MN Well Code) requires a 3' (minimum) structure setback to a well. ONSITE SEWAGE . ' TREATMENT SYSTEM ( ) Permit No. ( ) OTLSD * This permit is only valid atler verification trom the O.7LS.0 that a conforming sewage system will be installed to service this lol contact RoHie Mann al 8S4-5533 PROPOSED PROJECT (please circle the appropriate number) New Dwelling (4 ) MH/YR ( 7 ) Add'nTo Non-Dwelling (10} Other y I/. J h i. '(2) Add'n to Dwelling ( 5 ) RCU/Year______ (8 ) Storage Structure _ ’Existing Dwelling to be removed before. (3) ’Repiacemenl Dwelling ( 6) Detached Garage (0W.O.A.S. • \ i r, , ■ i. ■ • / CHARACTERISTICS OF PROPOSED W.O.A.S. (WATER ORIENTED ACCESSORY STRUCTURE) /P Ft. X '^77 CHARACTERISTICS OF PROPOSED NON.DWELLING Outside Dimension CHARACTERISTICS OF PROPOSED DWELLING Outside Dimension 33 Ft.x 1-2.Outside DimensionFt. X Ft,-Ft,-Ft.- Sq Ft, Setback to Lotiine Setback to Right of Way Setback to Ordinary High Water Level Elevation Above Ordinary High Water Level Setback to Septic Tank Ft.“3ZE7i. Sq. Ft. Setback to Lotiine ____ Setback to Right of Way Setback to Ordinary High Water Level ___ Elevation Above Ordinary High Water Level Setback to Septic Tank___ Setback to Drainfield_____ Setback to Bluff Maximum Proposed Height Bathroom Proposed ( ) Yes { ) No Sq. Fl.r^^OVV Ft.&Ft.**FI.&Ft.- Setback to Lotiine Setback to Right of Way Ft.*‘ Selback to Ordinary High Water Level ry<! I Elevation Above Ordinary High Water Level i'4n Ft.**Ft,-Ff i Ft. 7 FI.Ft.Ft. Ft.Ft. Ft. Setback to Drainfield Setback to Bluff Ft, Maximum Proposed Height Basement Walkout Basement___ Total Bedrooms ^ Setback to Septic TankFt. Setback to Drainfield Setback to Bluff ~~ Maximum Proposed Height ( ) Boathouse ( ) Gazebo **Project/Lotlines/Right-of-ways Must be Staked Onsite Prior to Application / Inspection e? (i? FI.Ft.Tt.X NoYes Ft,JO Ft.Yes X No ( ) Screen Porch {><0 Storage Structure Topographical Alteration / Earthmovinq fb<’ □ None ^ 20 Cubic Yards or Less ' □ 21 Cubic Yards - 299 Cubic Yards' * Must include on scale drawing Permit may be requiredQ 300 Cubic Yards or More’ CHARACTERISTICS OF LOT:7Q I91350 _Yes V No Water Frontage .Ft.Blult.Sq. Ft.Lot Area. Fl55n Total Impervious Sunace Onsite (FT?) T Impervious Surface Ratio:X100 =Impervious Surface RatiolotalLol Area (FTi) ms IS A SITE PERMIT ONLY AND DOES NOT CONSTITUTE A BUILDING PERMIT AS SET FORTH IN CHAPTER 16, MINNESOTA STATE STATUTES. Agreement: I hereby certify that the information contained herein is correct and agree to do the proposed work in accordance with the description above set forth and according to the provisions of the Ordinances of Otter Tail County, Minnesota. I further agree that any plans and specifications submitted herewith shall become a part of this permit application, I also understand that this permit Is valid for a period of six (6) months. Permit: Permission is hereby granted to the above named applicant to perform the work described in the above statement. This permit is granted upon express condition that the person to whom it is granted, and his agent, employees and workmen shall conform in all respects to the Ordinances of Otter Tail County. Minnesota. This permit may be revoked at any time upon violation of said Ordinances. I understand that it is my responsibility to inform the Land & Resource Management office once the building footings have been constructed. X - (Date: Signature ol Property Ovmei ^ h ■- /Date:: 'iv LanO A Resource Management Office '7/ro-^RECEIPT NO.PERMIT FEE $PROJECT(S) TOTAL SQ. FT,. Comments: Pnrm Kin RIT __ 0909.11^01 •s •,>, c /# C !9 a C 10 C t! C // C tJ c ts ‘J/ I2E6 /Q % % «4:^g VS\1 la- ■a,!js' khandIN„.,| ,'^-Z»4.S5If H t/'/S -44 T i ‘f ■aiIf9£^t#II i IM€'4.I /Lor;:,■« tLOf J 11 S*'sS!L 38LJ50 S.F. t ,~LdT^ 80.600 S.F. / 483.450 S.F 3 "H 80,600 S.F 3 ;o >§ ft «viN 'ihis U)us yU'hA {1^ GO ' /J. 00 —Iff: >V • ."/A•’■ *3'S3 F* eL'F Jg Orou^'^3. 3g •Ri SfA - 5.3J ACRES MORE OR LESS arts fcr th»............for fha /ont/j dticribti/ tithin Daftd:_____________________ _ oro paid. * Board of Coma/s 3 ioe•ri of Ori /fai/ Coant/. UiBnasofo, this• r — . !9_____A 0. r t o/r d ---------------- for a 3/lip Board, //iis______Dap of_______/9_____,A.D. p/af a a dr f h _____Day of_____! 3 . /9 A.D. * of ficar that t/>•rr ara tstaad/pf opa/H3t any of thano morf^a^9s o 9 proparty m th bd i13 3 a ri s ton Dc/9</ ... Daf 9 d __S 0 6 d f V i da r K5 •dUOOI'-W 155000 Tax parcel Nijnjj^n), 4iK, Drawing must be to scale. Drawing shall identify project and include the setbacks to all of the existing and proposed lotllnes, road right-of-way! ordinary high water ievel(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include.all proposed topographical alteratior 9-^I ^ HO “To Scale Impervious Surface I ■ ,/> I OT ■I F 4r:5 ET §1 \/N V CS- O :r 'v- 0 --------- ’ C 0r LIL^'4c/ u ? 44 ■ Por'cU • Ti# _X (q.pr«V- »4----- :■ tf' / :ii /!</* . r> I o / -X-H Ii Tweeton Construction LLC For all your construction! OTTER TAILCOUNTY ATTOR^ November 9,2006 RECEIVED NOV 1 4 2006 LAND & RESOURCE / VMr. Ryan C. Cheshire Assistant Otter Tail County Attorney ; u Dear Ryan: I am writing in regards to a project I’m doing on Sand Lake. When I acquired my permit I submitted a plot drawing from the surveyors. (I’ve sent a copy) This drawing has a pre- estabilished OHW on the plot—as you can see it was 30 feet on the west side and 37 feet on the east, these numbers were used for set back as well as square footage of lot. (81350 square feet), to get 200 feet set back line I hook on survey pins and measured back, 30+ 170 on west / 37 + 163 on east, on property line Just as I always have. Then I ran a string across my lot. “Doesn’t get any easier than this,” I was told when I presented my drawing and surveyors plat for the permit at the land office. In placing the house, I kept it back from 200 foot line an extra 12 feet. THANK GOD!! Because when they came to inspect my foundation (All poured concrete, heat tubes. backfilled ready to build on) they decided they need to verify OHW. In doing so I lost 10 feet on east side and 11 on the west side. (Sure glad I backed up 12 feet) I was told by Mark Ronning, we can’t trust a licensed surveyors measurements. This confused me. I have been using surveyors to help verify these things of this nature for years and have never been questioned. Here comes the KICKER!! The Land Office felt they needed to measure OHW at the middle of the lot. Low and behold they found a “DROP OFF” in the water—a sink hole directly in front of the 14 foot bedroom wing. This they claim pushed the OHW towards shore about 8 feet more—but only straight in front of the 14 foot scm bedroom wing. The drop off is only approximately 20 feet wide, therefore only effects the bedroom wing portion of the new home. In all the years I’ve been in business I have never seen an inspector look for drop offs in front of building. To quote Wayne Roisum, “under a normal inspection, everything looked fine and would have passed.” But he was instructed to do an extensive OHW check. That’s when they found the drop off. Now you’ve heard the history of this problem. Again, the concrete has heat tubes, and I don’t want to loose six feet of the bedroom. Bill Kaler mentioned maybe you would like to come to the site with him and give the okay to use “Common Sense.” Which he told me was taken away from his powers not to long ago. All Tm asking is to be allowed to use a string from property line to property line at the 200 foot set back. Even giving up the 10 feet I’m still 2 feet behind the line. If they didn’t want me to use the plot map numbers, I should have been told that when I got my permit!! That is what Malcolm Lee told me during our phone conversation the week before he died. Sincerely, Wes Tweeton Tweeton Construction, LLC P.S. Our rafters are coming on Tuesday, November 13*'’. I would really like to hear from you prior. Office phone—^218-863-3230 Wes-Cell phone—701-261-8083 Fax number-218-863-3232 WDTrat Enc. mm 5000’VI015SOOO Tax parcel -'t *' • ' 'Drawing must be to scale. Drawing shall Identify project and IrKlude the setbwW to all of the existing and proposed totllnes, road right-of-way high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) Must also Include all proposed lopograpl^pl alteratio 9-^ ,‘^o'-V Impervious SurfaceScale i 1 9$^yf a / ' ^ 4 \|N >1 !CixlaPsrc^/' rt-^Ari o V''TCi- X cOo(i v3l o rOa r T-cr V.!6 - r ^!h'iiouSd. 5-T(A^_ fbrci^ \ S co\>(^. PorxW I -y- r.../ / I ; .r/y f ‘r■Ir*> I ^ . • SCANNED R5 5000'1^10155 OOP Tax parcel Number(s) Drawing must be to scale. Drawing shall identity project and include the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluft(s) & watland(s). Must also include all proposed topographical alterations. 9-<!rho' Scale Impervious Surface (•i • jn;'fc' t u 4I ' 'rI ! i ! V 5 I t CO*;o f j . - . -~/nMAfTy\r-Oi*£]* • r 0 \4ouSd\i . Pof'cU ( .-J _ _ X -,*■ 4... I I i it or nio,- .4-i ’ f // « * c !9 a C 20 C t! C // C 2J C 25 L12J/*/-eL>t % «%t f Ii b ^ H t> H I H 3 . /PS6 2 1IV^ WETLAND:;;1 A io 'n •I:'V'V,ft Ci - /M.fS sH M tr’23 24 £S 'I fV5* *|:|UH£m Ju;I"!i / i s:NI l 2LOT1L 3s^; 60.600 S.F. 2 \ Sr-L 4LOT J s rCD7 5\8L350 S.E 2 (.'►2L; >§SJ.450 S.E 2 60,600 S.E 2 « / J. 00 ^ 22-SS SJ -r fft: /V 2 22 -SS S4 -e ___U^J6 /42. S4 f.Wo.d A.edro \\\! o '/?£/] - 5.3J ACRES MORE OR LESS lands dtscribad rilhin ar* paid.for tbafor tha /aar____ ________ Do tad: — ara s Bear r^of Or far fall Coanty.a Board of Commissi ___ 19_____A C • r f Off d _____ foanship Board, // __Day of_______O f a t ma da f f>/ s t officar in thisoa t s fandi nf apaihst any of tha propartythat fhara ara no mart^a^as Da r adSiynad: —Datad -S abd i <t i da r APPLICATION FOR SITE PERMIT LAND & RESOURCE MANAGEMENT, OTTER TAIL COUNTY (218-998-8095) 121 W. JUNIUS AVE. SUITE 130, FERGUS FALLS, MN 56537 www.co.otter-tail.mn.us WHITE Q/fice GOLDENROD - Inspector YELLOW - Owner (after issue) PINK - Assessor Permit No.PLEASE PRINT OR TYPE ALL INFORMATION TWP NAMESECTION •7 / TWP NO.RANGELAKE / RIVER NO.LAKE/RIVER CLASSLjAke/river name 4?11' 7f'C/• ; property (E-911) address ' /PARCEL NUMBER (S)6 LEGAL DESCRIPTION 7 //V . y:' ■1 Daytime P'Mailing AddressLast Name First Initial Property Owner ' ,V < -• /^ .f fT'/7.* f t^'\ 7Contractor Name Lie. I <0- f ■■ . . y-.' p „ ; . '7;j 7 7 70 ONSITE SEWAGE TREATMENT SYSTEM PROPOSED PROJECT (please circle the appropriate number) New Dwelling (4 ) MHA'R ( 7 ) Add'n To Non-Dwelling (10) Other__________ ONSITE WATER SUPPLY (^Individual ( ) Public ( ) None NOTE; MN Rules Chpt. 4725 (MN Well Code) requires a 3' (minimum) structure setback to a well. ( 3) ’Replacement Dwelling ( 6) Detached Garage (9)W.0.A.S. ( 2 ) Add'n to Dwelling (5) RCU/Year_____ ( 8 ) Storage Structure _ ’Existing Dwelling to be removed before. ( ) Permit No. ( ) OTLSD * Jtm permit is only valid atte trom Ihe 0-TL SD lhal a sewage system mil be inslalk Ibis lot conlaci Roihe Mann at CHARACTERISTICS OF PROPOSED W.O (WATER ORIENTED ACCESSORY STRUC1CHARACTERISTICS OF PROPOSED DWELLING Outside Dimension CHARACTERISTICS OF PROPOSED NON-DWELLING Outside Dimension Outside Dimension Sq.Ft..7r’~ ‘ ' Setback to Lotline Setback to Right of Way ' Ft.” Setback to Ordinary High Water Level i Ft. X Ft. XFt.”Ft.”Ft.”Ft. X ■ t'Sq. Ft. Setback to Lotline Setback to Right of Way ' Setback to Ordinary High Water Level Elevation Above Ordinary High Water Level Setback to Septic Tank Setback to Drainlield _ Setback to Bluff....~~ Maximum Proposed Height ' - v" Basement_________ Walkout Basement__ Total Bedrooms “ Sq. Ft._________ Setback to Lotline___ Setback to Right of Way Setback to Ordinary High Water Level __ Elevation Above Ordinary High Water Level Setback to Septic Tank_________Ft. Setback to Drainlield____ Setback to BlufI________ Maximum Proposed Height Bathroom Proposed ( ) Yes ( ) No Ft.&Ft.”y/4Ft.& 7/ '^ FFt.”FI.& FI.”FI.” Ft.7___Ft. FI.Ft.Elevation Above Ordinary High Water Level Setback to Septic Tank ^ ‘ Ft. ■ FI. FI. Ft. Ft. Setback to Drainlield Setback to Bluff Ft,Ft. >;Yes No Ft./7 FI.Maximum Proposed Height ( ) Boathouse ( ) Gazebo Yes No ( ) Screen Porch ("K) Storage Structure ”Project/Lotlines/Right-of-ways Must be Staked Onsite Prior to Application / Inspection i'i ■ 1 „Topographical Alteration / Earthmoving 'J None 20 Cubic Yards or Less ’ U 21 Cubic Yards - 299 Cubic Yards* ’ Must include on scale draw Permit may be requiredf□ 300 Cubic Yards or More’ CHARACTERISTICS OF LOT: .7 /YesLot Area _Sq. Ft.Bluff ^_NoWater Frontage .Ft 7 ) .'-1Impervious Surface Ratio:X 100 =Total Imoermous Surface Onsite (FT-T Impemious Surface RatTotal Lot Area (FT) SCANNED ^■51 <; // C iS C 19 a C !0 C gl 4!’! i ■ !f ^J’49 4J - J/ '/6 // ■ 06 '49 55 - 24-IS 56' !9'5S J9 ■ //'// 59- SJ’49 4J- 06’5/-/4- •t ''J a » I2g6 t 1 ^ '• 4- ^ H - c n C i4 C 15 'A i34. 95 N S7'S3 44'£ V L IK£S6ASIN6 N 64'34 IS i S 64'34 IS'I 5 07 '04 06 •< 5 64'34 IS-t L / LOT Vi L 7 L 3^.4LOT J S :SIJ50 S.F. t L 4 6J,450 S.F. i V.80,600 S.F s %80,600 S.F s >1 §>o 1 J 6REA - /5.3J ACRES MORE OR LESS o De r ® De n ■ De. Bearings s ho axts for tha jraar_______for the foatfs dascrihed aithia ora paid. Dated: r Board of Co am i s $ i o a a r s of Otter Tail Coaaty, St i a n a t o t a, this . /9 A D. s oa i foaaship Board, this_____Day of.. !9 A.D. plot Made this Day o f . /9 A.D. officer that there ore ap nor tpape s oetstaadiaf against aay of tha property in this sehdirisioa. ------ Dated ----------Signe d:-----Dated Seidi y ider svrreyed and platted the property described on this plat as SAND LAKF ESTATES sentation of said strvey. that all distances are / nonenaats have been correctly placed in the groend as shorn. correctly shorn on tha plat in feet and that the oetside borndary 0 R f f\ 0 r% / 0 *4 L a. * * L/I n