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Home My WebLink About55000990828000_Variances_12-01-2011\t -\-tow *63S5T DOC# 6395 6395 Fee’ $46.00 Well Certificate [ ] Rec'd Date Stamp OFFICE OF REGISTRAR OF TITLES OTTER TAIL COUNTY, MINNESOTA RECEIVED NOV 0 3 2011 land & resource Certified Filed, and/or Recorded; December 06. 2011 2:00 PM Wendy L. Metcalf, Registrar of Titles Cert: 2172 Returned To: LAND & RESOURCE L&R Initial 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 AT/^ Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date li-7-H Pvce. ft. ?y?YyY\V DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS ?• O • LAKE NUMBER LAKE NAME ________________________LAKE CLASS TOWNSHIP NAME ScTOWNSHIP \H~1 RANGESECTION W E-911 ADDRESS PARCEL NUMBER '55 000 q°lO5^\S000 LEGAL DESCRIPTION —<54—Go»4- c.Ac\ ot -Um TYPE OF VARIANCE REQUESTED (Please Check) structure Setback 7__structure Size WECSCluster Misc.Sewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Hov.e dccv, on ■e>txx'o\€. . o' fec'A fr. bOoW" •?*'orrv o4- £>oU is f I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS 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. //- / - u SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lundeen Co., Printers > Fergus Falls. Minnesota ^■3q /?rn^tpa///TimeDate Of Hearing Motion Ace Brandt - Denied the variance application. (6:30 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to deny the variance application as requested as no practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and noting the following: 1.) the granting of the applicant’s request would not be consistent with past actions of the Board, 2.) a reasonable use of this property can be obtained without the granting of the variance as requested, 3.) there is adequate area to place a deck in a location which would not require a variance and 4.) the applicant must either remove the existing deck or place the deck in a location that complies with setback requirements on or before June 1, 2012. Chairman/Otter Tail County Board jetf 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 a.L R 'Official/Date bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday December 1,2011 The Otter Tail County Board of Adjustment met Thursday, December 1, 2011, with the following persons in attendance: Michael Harris Randall Mann Paul Larson Steve Schierer Denise Gubrud, Land and Resource Management David Hauser, County Attorney Thomas Lee Rick Wilson Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the November 3, 2011 meeting as mailed. The Board of Adjustment considered the following applications for variance: Ace Brandt - Denied the variance application. (6:30 p.m.) Ace Brandt, Tract A of Registered Land Survey #14, Pelican Lake in Scambler Township, requested a variance of 30’ from the required top of bluff setback of 30’ for the placement of a deck 0’ from the top of the bluff. The existing deck is being moved from the east side of the property to the west side of the property where the soil is more stable. Jessie Undahi (correct name, I think) represented that applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to deny the variance application as requested as no practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and noting the following; 1.) the granting of the applicant’s request would not be consistent with past actions of the Board, 2.) a reasonable use of this property can be obtained without the granting of the variance as requested, 3.) there is adequate area to place a deck in a location which would not require a variance and 4.) the applicant must either remove the existing deck or place the deck in a location that complies with setback requirements on or before June 1, 2012. Norlin and Kathleen Davis - Approved the variance application as requested. (6:42 p.m.) Norlin and Kathleen Davis, Lot 6 Block 3 Blarney Beach, Otter Tail Lake in Everts Township, requested a variance of 5.5’ from the required ordinary high water level setback of 75’ for the placement of a dwelling with attached garage 69.5’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. A letter from Carl and Roberta Vender in support of the variance as requested was read for the record. After discussion and consideration, Michael Harris made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 5.5’ from the required ordinary high water level setback of 75' for the placement of a dwelling with attached garage 69.5’ from the ordinary high water level. The variance as granted will not obstruct the view from the adjacent properties and will provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. The practical difficulty/hardship is the unique shape and terrain of the applicants’ property. Eugene Hanson - Approved the variance application as requested. (6:48 p.m.) Eugene Hanson Et AL Government Lots 5, 6, 9 and 10, Section 18 of Star Lake Township by Round Lake, requested the following: to purchase wetland credits from the state/county wetland bank. Unable to do onsite wetland replacement as required by the County’s Shoreland Management Crdinance. The proposed access road project will impact approximately 1,554 square feet of wetlands. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve the variance as requested in the application dated Cctober 23, 2011. It was noted that the variance as approved is consistent with past actions of the Board of Adjustment. CERTIFICATE OF SURVEY IN SECTION 11-137-43 OTTER TAIL COUNTY. MINNESOTA xicnor boundaries of g withfrom jte of Survey. ted to Trad A Notice of Hearing.for Variance Otter Taii County Government Services Center 510 Fir Ave W Fergus Falis, MN 56537 (218)998-8030/998-8041 Emaii - wstein@c0.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: ‘ Ace A. Brandt PO Box 230 Fargo, ND 58107 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, December 1, 2011 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 Tract A Registered Land Survey No. 14, Property Address - 20257 Pelican Drive S Section 11, Township 137,’Range 43 - Township.Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - a variance of 30’ from the required top of bluff setback of 30’ for the placement of a deck 0’ from the top of the bluff. The existing deck is being moved from the east side of the property to the west side of the property where the soil is more stable. ;■ ‘Wayne Stein Board of Adjustment Secretary Date: November 10, 2011 I, • A . <7 ' OTTER TAIL COUNTY Fergus Falls, Minnesota V.' state of Minnesota ) )SS County of Otter Tail)v. I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 14th, day of November, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below arid/or included in the attachment: Ace A. Brandt, PO Box 230, Fargo, ND 58107-0230 Aldie Kelsven, Twp Clerk of Scambler, PO Box 430, Pelican Rapids, MN 56572 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 Julie Aadland, DNR Eco,& Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 ; • ft V 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: November 14th, 2011 Wayne Stein, Secretary Otter Tail County Board of Adjustment : ■ .y By: Vi Manderud ,4; KEITH B & CHERYL P ANDERSON 343 4THST WALCOTT ND 58077 4022 THOMAS A BARTH 520 QUEENS CT MOORHEAD MN 56560 6777 ACE A BRANDT PO BOX 230 FARGO.ND 58107 0230 GEORGE & JULE FREDRICKSON 1205 CEDAR WAY WEST FARGO ND 58078 3373 ELDEVICK RESORT LTD PRTNRSHP 20393 PELICAN DR S PELICAN RAPIDS MN 56572 7077 ALLEN GOLBERG 50354 ANDERSON BEACH RD PELICAN RAPIDS MN 56572 7087 PAMELA L & BRENT T JENKINSTERI & RODNEY HELLING 26820 MARSH POINTE CIR . EXCELSIOR MN 55331 7107 MICHAEL STEVEN HUFFMAN 50469 ANGLE RD PELICAN RAPIDS MN 56572 7089 PO BOX 1904 FARGO ND 58107 1904 ROLAND W & KATHLEEN A JOHNSON 471 CLEARVIEW CT MOORHEAD MN 56560 6801 TINAJOHNSON ATTN MARLENE MARSH DEBRA LAMB 20231 PELICAN DR S PELICAN RAPIDS MN 56572 7077 PO BOX 565 FARGO ND 58107 0565 DARREL & SUSAN MERCIL TSTS 502Q2 ANDYS LN PHILIP K&ELOISAV LEE 395 EMBER DR SPARKS NV 89436 8949 LLOYD A & BETTY LARSON 132912TH AVE S FARGO ND 58103 3005 PELICAN RAPIDS MN 56572 7090 SUSAN MERCIL 50210 ANDYS LN : PELICAN RAPIDS MN 56572 7090 DONALD B NELSON 27768 XERXUS ST NW . ZIMMERMAN MN 55398 4741 MATTHEW V & CHRISTINE MYRVOLD 4119TENTH STS MOORHEAD MN 56560 7435 ;■ ERLING & BETTY J OPSKAR 50400 ANDERSON BEACH TRL PELICAN RAPIDS MN 56572 7088 JOHN F & PAUL H OEHLKE ATTN RALPH AND PEARLE OEHLKE 214 2ND AVE ENDERLIN ND 58027 1106 THOMAS A & KIMBERLY P NOAH 4457 OAKCREEK DR S FARGO ND 58104 6619 S & C PARK PROPERTIES LLC 42502 240TH ST BATTLE LAKE. MN 56515 9638 ROUNDBANK 200 2ND ST NE PO BOX 667 WASECA MN 56093 0667 JAMES & JEANA PEINOVICH 132 PRAIRIEWOOD DR FARGO ND 58103 4611 W A & PEARL M SIMUNDS, 637 21 STAVES FARGO ND 58103 5320 MATTHEW D THARALDSON 12 CORRAL DE TIERRA PL HENDERSON NV 89052 6705 A * (/- "J'/f WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & 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 # 5*0 Sno described in my VaW(Xnce^ dated Application II' I- II Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: lx] I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). i do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). □ //- T PROPERTY OWNERDATED RECEIVED NOV 0 3 201101-03-2011 Mbowman app &forms~ waiver 60 day rule LAND & RESOURCE