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Home My WebLink About25000990823000_Variances_12-01-2011Variances Barcode 128 1101335 IZ'I-’ZOIIr DOC# 1101335 IIIIIDate Stamp 1101335 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd December 06, 2011 11:15 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA RECFIVED NOV 0 9 2011 LANDS, RESOURCE Returned To: LAND & RESOURCE By: LL 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: vyww.co.ottertail.mn.us Application Fee Receipt Number / Accepted By / Date /r / COMPLETE THIS APPLICATION IN BLACK INK /vCa /.^ d /.DAYTIME PHONE'7^/'^i^7 - S/^cPPROPERTY OWNER MAILING ADDRESS P ( 9^ <T // ^ AhLAKE NUMBER PL ~ LAKE NAME ic4 TOWNSHIP / 3 3 RANGE AC\ TOWNSHIP NAME L LAKE CLASS£i i JSECTION E-911 ADDRESS iZ'73J 7 -Thh-e T PARCEL r, ^ ^ ,NUMBER ~~ QoO LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) structure Size WECS Misc.Sewage System Subdivision ClusterStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^X/Si-IA^ UJlH^ AyifA.^-cktX ^ ^ ^ 5^Z=clC/C 1-5 ^ <X. <TO H vjL t 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. I //- f- / / DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER 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 c^O//^ yy /f/r?/TimeDate Of Hearing Motion Norlin and Kathleen Davis - Approved the variance application as requested. (6:42 p.m.) 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. ^irman/Otter Tail County 6oard of/(^justment 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 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 Thomas Lee Rick Wilson Paul Larson Steve Schierer Denise Gubrud, Land and Resource Management David Hauser, 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 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 Undahl (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. November 23, 2011 NOV OTTER TAIL CU. AUDITOR FERGUS FALLS, MN Otter Tail County Board of Adjustment 510Fir AveW Fergus Falls, MN 56537 Norlin & Kathleen Davis Variance Request Lot 6, Block 3, Blarney Beach RE: Blarney Beach subdivision was created about 1970 and only three of the fourteen lots (lots 1 thru 3 of Block 3) have sufficient building area with the current water, side lot, and road setbacks. Branson’s (lots 4 & 5 of Block 3) were able to work within the current setback requirements by combining two wedge shaped lots. It appears houses on the six lots comprising Blocks 1 and 2 would not meet current setback requirements. As a land owner within Blarney Beach (Lot 1, Block 3), we fiilly support the variance request by the Davis Family. Since their lot sets at the end of one of the three fingers of the marina, a reduction of the 75 foot setback fi-om the water will not impair the visibility of the neighborhood nor the marina. Sincerely, Carl & Roberta Vender 519 South 12“* Street Bismarck, ND 58504 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces fmust be shown on scale drawing): P(2 ~ . R2Structure(s): [1^0Deck(s): liOO Ft2Driveway(s): Ft2Patio(s); R2Sidewalk(s): Ft2Stairway(s): R2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:^4loQffi Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: •z:7_.uV\Sj.'boO ,7;ZVL/^X100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO //' f' I ( T n !-fTax pareel Nu'mber(s) .........I . . . ^ hH^i+'l~,_ [Drawing rnust be to scaleTjDrawing shaH[iaeiiitifv|^iect and include tffe setbacks to all ordinar.y.highiwaterilevel(s),Cstn^cture(s),.septice-tank(s)i.drairifielcl(s),.blljff(s).&.Wtl^'d(s) tJ right<)f-way(s7 cal.alterations.. of the existiijig| and ijraposed'ldtlih^ road -Mu^.also.inciuSJ^.proposeSE^graph ^-/l I I Scaiq^-V Impervious'Siftaefe 5t -'lit'iOVI & - -I- ;C-•;v L:! .AXi r-t •Nc< m(4 ft4- r-Si & I-Vi I m- lAI 4 'V a<i)ti:,4.':e "I-i-j rl a/m■ *-I-bateSignature of Property'Owner -p2^.6J-|-V|ciBK0505--800-346^870Co, Prnters-»-Ferg(js '-Lundeen t iII APPLICATION FOR GRADE & FILL PERMIT APPLICATION LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 218-998-8095 www.co.otter-tail.mn.us Permit No.PLEASE PRINT OR TYPE ALL INFORMATION LAKE/RIVER #LAKE/RIVER NAME LAKE/RIVER CLASS SECTION TWP. NO.RANGE TWP NAME PARCEL NUMBER(S)PROPERTY (E-911) ADDRESS LEGAL DESCRIPTION Last Name First Initial Mailing Address DAYTIME Phone No. Property Owner Contractor Name Lie.# 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 L&R Official DATE PROJECT REQUEST (You may use the grid on back for required scale drawing): DESCRIBE YOUR PROJECT(S): DETAILED INFORMATION: Yds^AREA TO BE CUT/EXCAVATED:Ft. X Ft. X Ft. - 27 = Length Width Max Depth Yds^WALK-OUT BASEMENT PROJECTS:Ft. X Ft. X Ft. - 27 = Length Width Max Depth Yds^AREA TO BE FILLED/LEVELED:Ft. X Ft. X Ft. - 27 = Length Width Max Depth Yds^TOTAL EARTHMOVING REQUESTED = SLOPE OF BACKFILL AT FOUNDATION:Ft.Ft. Max. Depth Distance Extended From Foundation CULVERT:If Yes, must indicate size and location on drawing. Yes No TYPE OF SOILS AND/OR FILL MATERIAL: SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE RECEIPT NUMBER BK003/07 WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & 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 #6cO described in my dated //'*/-/) Application 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: 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—I 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). //- r-//.DATED PROPERTY OWNER* 01-03-2011 Mbowman app &forms- waiver 60 day rule Notice of Hearing for Variance Otter Tail County Government Services Center SIOFirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@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 Concern: Norlin and Kathleen Davis 3125 ll"’ AveS Moorhead, MN 56560 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 Lot 6 Block 3 Blarney Beach, Property Address - 27337 Blarney Trail Section 3, Township 133, Range 40 - Township Name - Everts Lake No. 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - a variance of 5.5’ from the required ordinary high water level setback of 75’ for the placement of an dwelling with attached garage 69.5’ from the ordinary high water level. “Wayne Stein Board of Adjustment Secretary Date: November 10, 2011 • T, •V‘i.. 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 14th, day of November, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Norlin & Kathleen Davis, 3125 11'*' Ave S, Moorhead, MN 56560-6811 Otter Tail Lake Assoc., OTLPOA, PO Box 21, Battle Lake, MN 56515 Roland Mann, Twp Clerk of Everts, 27234 368'^ Ave, Battle Lake, MN 56515 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 1^' Ave N, Fergus Falls, MN 56537 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 By: Vi Manderud i THOMAS & RENAE BRANSON 9480 HIGHWAY 127 FAIRMOUNTND 58030 9602 ANGELA & PAUL BERKENSTOCK 8742 HILLSWICK TRL MINNEAPOLIS MN 554431922 GERALD BOHN 27424 BLARNEY TRL BATTLE LAKE MN 56515 9153 SHARON L FRIEDMAN 37011 BLARNEY BEACH RD BATTLE LAKE MN 56515 9243 . J C & P CARLSON TSTS 27412 BLARNEY TRL BATTLE LAKE MN 56515 9453 NORLIN & KATHLEEN DAVIS 3125 11THAVES MOORHEAD MN 56560 6811 JAMES & ARLENE HERDING 37191 BLARNEY XING BATTLE LAKE MN 56515 9181 ROBERT & BETTY KEMPE 14602 TODD LINE RD VERNDALEMN 56481 3016 JANICE K KILBER PO BOX 124 WAHPETON ND 58074 0124 DEFOREST MALSTROM TST 22692 INSPIRATION DR PO BOX 940 PARK RAPIDS MN 56470940 BRAD & DEBRA SCHRIBER 6210DREYFUSS RD AMARILLO TX 79106 3521 DANIEL J & BARBARA J MULLIN 1214 SHOALS DR LOCKPORT IL 60441 2225 JAMES SINNER 543 42ND AVE S MOORHEAD MN 56560 6720 CARL S VENDER 519S12THST BISMARCK ND 58504 5909 STEPHEN M THOMPSON ET AL 46153 100TH ST BLUE EARTH MN 56013 7711 WEISS TST 318 REBECCA DR ALAMO TX 78516 2583 K..-