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980224 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 980224
this instrument #-----------------------
was filed/recorded office
for regprd o/i the__i~j—i
2005 at
Wendy
recor
well certificate
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
'0<^
ZZOApplication Fee
l‘)Z3X yipCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date Sl}> ^
pAovci DAYTIME PHONE
5^rij' ___________ ____
PROPERTY OWNER
fboAe. Luj/J /?^/0(boxMAILING ADDRESS
Lkji.56" 3o i-LAKE CLASSLAKE NAMELAKE NUMBER to'gY'-
TOWNSHIP'6wgjt^~^ RANGE OYO TOWNSHIP NAME
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33SECTION
S. ZA/i',E-911
ADDRESS
PARCEL
NUMBER ^COoc'? ?0555'ft9/r
LEGAL DESCRIPTION ^^7
TYPE OF VARIANCE REQUESTED (Please Check)
___structure Size____Sewage System____ 5Subdivision Cluster Misc.Structure Setback
SPECIFY VARIANCE REQUESTED
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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/-/f>n.TimeDate Of Hearing
Motion
David and Lorie Fix - Approved the variance requested for the dwelling with a condition. Denied the variance
requested for the deck. (6:35 p.m.)
After consideration and discussion, Cecil Femling made a motion, second by Michael Conlon to approve the location of the house
and deck no closer to the ordinary high water level than what would be permit by the general building line. The motion failed with
Paul Larson, Randall Mann and Steve Schierer voting no. Those voting against the motion noted that the proposed deck would
be ahead of the string line and would obstruct the view from one of the neighboring properties. After additional discussion and
consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to approve a variance of 55’
from the required ordinary high water level setback of 100’ for the construction of a 26’ by 30’ second story addition located 45’
from the ordinary high water level with the condition that an existing 9’ by 10’ shed must be placed in a legal location before a site
permit for the second
placement of a deCl^
After additional disctf
second b
I^Stofyaptiition can be issued. Upon additional review, Randall Mann made a motion to approve the
nopk^r to the or(^^ry high
g^n Randall watefTe^l thaiTw^at would be permitted by the application of the string line.
Wiis motion. After additional consideration, Randall Mann made a motion,
^£gfil3riyotHlg no, to deny the variance as requested for the deck as no
1 sbav^nthat would allow for the granting of the variance as requested and the
a variance for the deck.
“withd
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applici
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property-wffltnoOHf
Chairman/Otter Tail County Board of Adjustment
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Permit(s) required from Land & Resource Management ^
X Yes (Contact Land & Resource Management)
No
LR Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0903-001
315,694 • Vidor Lundeen Co., Printers • Fergus Falls, Minnesota
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Scale Signature Date
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MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, July 14, 2005
The Otter Tail County Board of Adjustment met Thursday, July 14, 2005, with the following persons in
attendance;
Cecil Femling
Randall Mann
Robert Schwartz
Michael Conlon
Paul Larson
Steve Schierer
_Mark Rojining, Land and Resource Management
l<urt Moftenson, Assistant County Attorney
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 July 7, 2005 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Douglas and Nancy Hovey - Approved the variance as requested. (6:30 p.m.)
Douglas and Nancy Hovey, part of Government Lot 2, Section 34 of Dora Township by Star Lake,
requested a variance of 2' from the required lot line setback of 50’ for the placement of a pitched roof on an
existing mobile located 48' from the lot line. Judy and Allan Miller appeared with the applicants at the
public hearing. Randall Mann, Chair, polled the audience with no one speaking for or against the variance
as requested. After consideration and discussion, Cecil Femling made a motion, second by Steve Schierer
and unanimously carried, to approve a variance of 2' from the required lot line setback of 50’ for the
placement of a 3/12 pitched roof, as described in the variance application and as depicted in the drawing
submitted with the application, over an existing 14’ by 70’ mobile home located 48’ from the lot line. The
Board stated that the proposed project is necessary maintenance for the existing structure.
David and Lorie Fix - Approved the variance requested for the dwelling with a condition. Denied
the variance requested for the deck. (6:35 p.m.)
David and Lorie Fix, Lot 27 Dursch’s Silver Bay, Silver Lake in Everts Township, requested a variance of
55’ from the required ordinary high water level setback of 100’ for the construction of a 26’ by 30’ second
story addition located 45’ from the ordinary high water level and a variance of 69’ from the required
ordinary high water level setback of 100' for the addition of a 14’ by 30’ deck over an existing patio located
31' from the ordinary high water level. Adam Fix appeared with the applicant at the public hearing.
Randall Mann, Chair, polled the audience with no one speaking for or against the variance as requested.
After consideration and discussion, Cecil Femling made a motion, second by Michael Conlon to approve
the location of the house and deck no closer to the ordinary high water level than what would be permit by
the general building line. The motion failed with Paul Larson, Randall Mann and Steve Schierer voting no.
Those voting against the motion noted that the proposed deck would be ahead of the string line and would
obstruct the view from one of the neighboring properties. After additional discussion and consideration.
motion was made bv Steve Schierer. second bv Paul Larson and unanimously carried, to approve a
variance of 55’ from the rsnuired ordinary high water level setback of 100’ for the construction of a 26’ bv^
30’ second story addition located 45' from the ordinary high water level with the condition that an existing 9’
by 10’ shed must be placed in a legal location before a site permit for the second storv addition can be
Upon additional review, Randall Mann made a motion to approve the placement of a deck no
closer to the ordinary high water level than what would be permitted by the application of the string line.
After additional discussion Randall Mann withdrew this motion.
^ SCANikO
July 14, 2005
- Page 2,
O.jvid and Lorie Fix — Continued.
After additional consideration, Randall Mann made a motion, second by Steve Schierer and carried with
Michael Conlon voting no, to deny the variance as requested for the deck as no adequate hardship unique
to the property had been shown that would allow for the granting of the variance as requested and the
applicants can obtain a reasonable use of their property without the granting of a variance for the deck. ~
Genseal Trust - Approved as modified with conditions. (6:54 p.m.)
Genseal Trust, part of Government Lot 6, Section 10 of Hobart Township by Wymer Lake, requested a
variance of 80’ from the required ordinary high water level setback of 100’ and a variance of 30’ from the
required shore impact zone setback of 50’ for the enclosure of an existing 10’ by 18’ deck located 20’ from
the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or
against the variance as requested. After consideration and discussion, Michael Conlon made a motion,
second by Robert Schwartz to approve a variance of 80' from the required ordinary high water level
setback of 100’ and a variance of 30’ from the required shore impact zone setback of 50’ for the enclosure
on an existing 10’ by 18’ deck located 20’ from the ordinary high water level with the condition that no more
than 25% of the total lot area can be covered with impen/ious surfaces. This motion failed with Cecil
Femling, Randall Mann and Steve Schierer voting no. After additional discussion and consideration,
motion was made by Steve Schierer, second by Randall Mann and unanimously carried, to approve a 10’
by 12’ enclosure starting at the northwest corner of the house (extending 10’ towards the septic tank and
12’ towards the lake) with the condition that no more than 25% of the total lot area can be covered with
impervious surfaces and with the condition a 10’ separation from the septic tank must be maintained,
therefore, if there is less than 20’ between the existing structure and the holding tank the width of the
proposed enclosure will need to be adjusted. Also it should be noted that per the drawing the northwest
corner of the house is 15’ from the road right-of-way, therefore, it is understood that the proposed
enclosure extending 10’ towards the septic tank will be less than 20’ from the road right-of-way and will be
at least 15’ from the road right-of-way. Hardship is a lot with substandard depth. The Board noted that the
variance as approved does provide the applicant with a reasonable use of the property.
Daniel and Janet Hohenstein - Approved the variance as requested with conditions. (7:11 p.m.)
Daniel and Janet Hohenstein, part of Government Lot 2, Section 34 of Star Lake Township by Dead Lake,
requested the following; replace existing mobile home with new dwelling with attached garage being
approximately 100’ from the ordinary high water level and to have the parcel declared a buildable lot for
residential purposes. Randall Mann, Chair, polled the audience with no one speaking for or against the
variance as requested. After consideration and discussion, Michael Conlon made a motion, second by
Robert Schwartz and unanimously carried, to approve the placement of a dwelling at least 100’ from the
ordinary high water level and to declared Parcel 56-000-34-0253-011 a buildable lot with the following
conditions: 1.) the existing fish house must be either removed or placed in a location that complies with the
setback requirements before a site permit for the proposed new structure can be issued, 2.) the existing
mobile home must be removed within 90 days after the site permit is issued, and 3) all other outbuilding
must be removed before a site permit can be issued for the proposed new structure.
Ronald G. Weibye - Approved the ordinary high water level variance. Side lot line variance denied.
(7:20 p.m.)
Ronald G. Weibye, Lot 9 South Point, West Battle Lake in Girard Township, requested a variance of 15’
from the required ordinary high water level setback of 75’ and a variance of 4’ from the required side lot line
setback of 10’ for the construction of an 18’ by 23’ 6” attached garage 6’ from the side lot line and 60’ from
the ordinary high water level. Randall Mann, Chair, polled the audience with no one speaking for or
against the variance as requested. A letter from Jack Lindner in support of the variance as requested was
read for the record. After consideration and discussion, Paul Larson made a motion, second by Cecil
Femling and carried with Robert Schwartz voting no, to deny the variance as requested. After additional
discussion and consideration, Steve Schierer made a motion, second by Randall Mann and unanimously
carried to approve a variance of 15’ from the required ordinary high water level setback of 75’ for the
placement of an attached garage 60’ from the ordinary high water level and at 10’ fro^ the:S^^|^t lihff.
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 Fir Ave W
Fergus Faiis, 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:
David and Lorie Fix
PO Box 575
Battle Lake, MN 56515
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, July 14, 2005 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 27 Dursch’s Silver Bay
Property Address - 36513 S Silver Lake Road
Section 33, Township 133, Range 40 - Township Name - Everts
Lake No. 56-302, Lake Name - Silver, Class - RD
The variance requested is -
a variance of 55’ from the required ordinary high water level setback of 100’ for the construction of a 26’ by
30’ second story addition located 45’ from the ordinary high water level and a variance of 69’ from the
required ordinary high water level setback of 100’ for the addition of a 14’ by 30’ deck over an existing patio
located 3T from the ordinary high water level.
Stein
Board of Adjustment Secretary
Date: June 17, 2005
OTTER TAIL COUNTY
Fergus Falls, Minnesota
i
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 20th, day of June, 2005 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
David and Lorie Fix, PO Box 575, Battle Lake, MN 56515
Roland Mann, Twp Clerk of Everts, 27234 368"' Ave, Battle Lake, MN 56515
Silver Lake Assoc., Leonard Mcnab, 36727 S. Silver Lake RD, Battle Lake, MN 56515
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, 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537
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
Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482
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: June 20th, 2005
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
Parcels Entered
Parcel
CTit-n,::
f: ^ ;
MN 56515 920122156 COUNTY HIGHWAY 83 BATTLE LAKE25000330210001KATHERINE M HARMS ET AL
C->BATTLE LAKE MN 56515 022125000330210002CITY OF BATTLE LAKE CITY DUMP CO
PO BOX 221 .AATTN WANDA BERG r VMN 56515 910922971 OAK LEAF LN BATTLE LAKE25000330210003 ARNOLD E & ARLENE OLSON
MN 56515 910925000330210004RONALD A & FRANCES MORTON 22988 OAK LEAF LN BATTLE LAKE
25000330210900 DONNAMAE HAYES 23019 OAK LEAF LN BATTLE LAKE MN 56515 9109
BLOOMINGTON MN 55425 192325000990529000 DONALD A & JEANETTE WOLFE 8701 BLOOMINGTON AVE
ROBBINSDALE MN 55422 202225000990529001RAYMOND & JANICE TOMPKINS 3837 SCOTT AVE N
25000990530000 HARVEY J & MARY M TRIEPKE 36621 SILVER LAKE RD S BATTLE LAKE MN 56515 9106
Page 1 of 3Monday, June 20,2005
Parcel
25000990531001 HENRIETTA HEWITT 928 CENTER ST W ROCHESTER MN 55902 6230
25000990532000 JOANN R EHLERT 22279 RIVER OAKS DR FERGUS FALLS MN 56537 7515
CT5
425000990533000 LAVEL J & EMILY L LARSON 36569 SILVER LAKE RD S BATTLE LAKE MN 56515 9105 f'
25000990534000 ROBERT F & LORETTA K DOERING ROBBINSDALE MN 55422 12644362 WELCOME AVE N
25000990535000 STEVEN D & MARJORIE K YARITZ 2346 NEBRASKA AVE E MAPLEWOOD MN 55119 3106
25000990535001 DAVID L & LORIE J FIX BATTLE LAKE MN 56515 0575
PO BOX 575
25000990536000 BUTLER TST 5546 20TH ST S FARGO ND 58104 6374
25000990537000 JAMES C & JANE E WOOD 6644 LOWANNA WAY INDIANAPOLIS IN 46220 4365
25000990541000 MARK D & KARI K MILLER BATTLE LAKE MN 56515 911022732 SILVER LAKE RD W
25000990542000 DANIEL & SANDRA THIMGAN 36684 SILVER LAKE RD S BATTLE LAKE MN 56515 9106
Monday, June 20, 2005 Page 2 of 3
Parcel
BATTLE LAKE MN 56515 910925000990729000 ALLEN C LEIN 22974 OAK LEAF LN
BATTLE LAKE MN 56515 910925000990730000 VANSTEENBURG TST 22960 OAK LEAF LN
MN 56515 910925000990731000 RANDY & JODI ARENDS 22946 OAK LEAF LN BATTLE LAKE
22914 OAK LEAF LN BATTLE LAKE MN 56515 910925000990732000 DANIEL J & GRACE M COLL
ND 58045 079025000990733000 MARK O & SANDRA M JOHNSON HILLSBORO
PO BOX 790
Page 3 of 3Monday, June 20, 2005