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Home My WebLink About28000990336000_Variances_04-15-2019Date StamRECEIVED APR 1 5 2019 -AND&RESOURCf SCAi’ED 1221014 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN ■■■0 ■■■o’p: -t# Initial T!TvUKi7Cv^wTT JiHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIAI^CfEi2019 02:25 PM EE: 0.00 PAGES 4 CO COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS (218) 998-8095 Otter Tail County’s Website: www.ottertailcountymn.us D; N Application Fee Receipt Number I ^ ~ Accepted By / Date / ■ -y /y). DAYTIME PHONE COMPLETE THIS APPLICATION IN INK PROPERTY OWNER SSo'77MAILING ADDRESS yvv\^ V 1 A LT ^E-MAIL ADDRESS }4FlLBfAC>^-R.LAKE NUMBER Sl> -^?-g LAKE NAME 1%^ LAKE CLASS KD fi^}\^£RCrSECTION /O TOWNSHIP RANGE 0^4 TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS 4iFiLit-(i.6eA ip , /f\fJR J^eooo <^^oS38ooo LEGAL DESCRIPTION Lo^ke. XoT 3>S TYPE OF VARIANCE REQUESTED (Please Check) ^ structure Size WECS Misc.Sewage System Subdivision ClusterStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: VI SECTION OF ORDINANCE: ~pX . Ay . VARIANCE REQUEST:-j-o ^ a-CC€.SS)lol<2- heA.f'oo^ cDB.Tv.J< d)Pif^~T~o tzdJ R)doi~ -f'A ■fvi- I \/'0O ■ll k<L e> iA<f-I3 I />» <*- I rrv'CH'r r23D»v^ otPe^{(C I n\a,-\/y P\rcn^ I &\/k( , liedroo-n^ L\ k \<t L Oi^Oy I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE 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^EGARDING THIS MATTER. DATESIGNATUR^F PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY Date Of Board of Adjustment Hearing M-cu.j 9 f Time p Motion Gregg & Nancy Johnson - Variance Application Approved as Requested with Condition (6:36 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Kenneth Vorderbruggen and unanimously carried to approve the variance request to construct 2 additions to the dwelling with one addition being 86’ from the Ordinary High Water Level and the other addition being 50’ from the Ordinary High Water Level as depicted on the drawing submitted with the variance request dated April 11, 2019 with the condition that the property owner works with Land & Resource Management to get proper drainage the west side of the house and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that by granting this variance the property owner will be able to make their home handicap accessible. The variance as approved does not directly or indirectly grant any other variances for fiiture development. on Chaimian/btter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X. Yes (Contact Land & Resource Management) No A R Official/Date ^ ' Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368.804 ♦ Victor Lundeen Co . Printers • Fergus Falls. MN • 1-800-346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TRIIooseTT GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant: Gregg & Nancy Johnson Address/Parcel No. 25418 Heilberger Ln. Erhard MN/28000990336000 Requested Variance: To add main floor bedroom and dining room to existing structure. This will make our home handicap accessible for Nancy. Bedroom would be approximately 86' from ordinary high-water level. Dining room would be approximately 50' from ordinary high-water level. Otter Tail County Ordinance: lEI Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation III.4.A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Ifyifl'Vl/MnAlL-iJ' -h jhr '/cr LO^ (XC(. * lUalcf CRITERIA / BOARD OF ADJUSTMENT MEMBER SS DL TL DN KV PC 1. Is the variance in harmony with the general purposes of the official control? 2. Is the property owner proposing to use the property in a reasonable manner not permitted by an official control?Au3. Is the need for a variance due to the circumstances unique to the property not created by the landowner or prior landowners?In Au o(- 4. Will the issuance of the variance maintain the essential character of the locality?(r* ( A 5. Does the need for the variance involve more than just economic considerations? Facts supporting the answer to each question above, together with those other facts that exist in the record, are hereby certified to be the Findings of the Board of Adjustment. The Otter Tail County Board of Adjustment: APPROVES_the requested variance.DENIES\A)|CWlht)Kl This decision is based on: Application Information received at public hearing Staff report Pictures Viewing by____members of the Board of Adjustment Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: loard of Adjustment Chai Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the generai purposes and intent of the official controi? (The board shall consider the purposes and intent of the official control). Yes, the Variance is in harmony with the general purposes and intent of the official control because the additions do not encroach any further to the iake than the existing structure. 2. is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). Yes, the property owner is proposing to use the property in a reasonable manner not permitted by the official control because the proposed additions do not increase the impervious surface coverage onsite. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) Yes, the need for a variance is due to circumstances unique to the property not created by the landowner because the lot was created prior to the officiai controi reguiations estabiished in 1971. 4. Wiil the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) Yes, the issuance of the variance wiii maintain the essential character of the locality because there wiii be a no change in the impervious surface caicuiation. 5. Does the need for the variance involve more than Just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). Yes, the need for a variance does involve more than just economic considerations because it is an improvement to the property and aiso wiii ailow the home to be handicap accessibie. The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 9, 2019 The Otter Tail County Board of Adjustment met Thursday, May 9, 2019, with the following persons in attendance; Douglas Larson Kenneth Vorderbrugen Chris LeClair, Land & Resource Management, Director Kyle Westergard, Land and Resource Management, Assistant Director Ben Olson, Assistant County Attorney Steve Schierer Thomas Lee Bruce Stone Darren Newville Called to Order - Steve Schierer, Chairman calied the meeting of the Board of Adjustment to order at 6:00 p.m. 6:00 p.m. to 6:30 p.m. - For general discussion regarding statutory and ordinance interpretation. Minutes Approved - The Board of Adjustment approved the minutes of the April 18, 2019 meeting. The Board of Adjustment considered the following application(s) for variance: Tim & Char Greene - Variance Application Approved as Requested (6:31 p.m.) Tim & Char Greene, Lots 16 & 17 of Fair Oaks, West Battle Lake in Girard Township, requested the following: We were approved by way of Variance to add an addition on to our existing house on August 9, 2018. Now we would like to request to add a deck lakeside of proposed addition. Deck will be approximately 35’ from OHWL; in line with existing house. We will also be removing approximately 6’ from existing deck making it 4’ 3” in width increasing the setback to the OHWL, (approximately 30’ from OHWL, current deck is approximately 24’ from OHWL) Required setback is 75’. In Variance approval on 8/9/2018 SIZ impervious surface was proposed at 994 sq. ft and approved; the new proposal will be decreased to 879 sq. ft. a reduction of 115 sq. feet. Allowable is 260 sq. feet. Total impervious surface will not exceed 25%. Tim Greene represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Douglas Larson and unanimously carried to approve a variance to construct a deck lakeside approximately 35’ from the Ordinary High Water Level and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was also noted that there will be a reduction in the impervious surface onsite. The variance as approved does not directly or indirectly grant any other variances for future development. Gregg & Nancy Johnson - Variance Application Approved as Requested with Condition (6:36 p.m.) Gregg & Nancy Johnson, Lot 35 of Heilberger Lake Estates in Friberg Township, requested the following; To add main floor bedroom and dining room to existing structure. This will make our home handicap accessible for Nancy. Bedroom would be approximately 86’ from ordinary high-water level. Dining room would be approximately 50’ from ordinary high-water level. Gregg Johnson represented the application. 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 Kenneth Vorderbruggen and unanimously carried to approve the variance request to construct 2 additions to the dwelling with one addition being 86’ from the Ordinary High Water Level and the other addition being 50’ from the Ordinary High Water Level as depicted on the drawing submitted with the variance request dated April 11,2019 with the condition that the property owner works with Land & Resource Management to get proper drainage on the west side of the house and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. It was noted that by granting this variance the property owner will be able to make their home handicap accessible. The variance as approved does not directly or indirectly grant any other variances for future development. May 9, 2019Page I 1 of 4 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Gregg & Nancy Johnson 16976 62"'* St. SE Walcott ND 58077 Has/have 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, May 9, 2019 at 6:30 p.m. in the Commissioner's 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 Otter tail County Land & Resource Management office prior to the date of the public hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, piease listen to the locai Fergus Faiis Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No.- 28000990336000 Lot 35 - Heilberger Lake Estates Section 10, Township 134, Range 42 Township Name - Friberg Heilberger Lake (56-695), Recreational Development (RD) 25418 Heilberger Ln., Erhard MN 56534 Lake Name/Number/Class: Property Address: The variance requested is the following: To add main floor bedroom and dining room to existing structure. This will make our home handicap accessible for Nancy. Bedroom would be approximately 86' from ordinary high-water level. Dining room would be approximately 50' from ordinary high-water level. Amy Busko Board of Adjustment Secretary April 25, 2019 (1^ ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 SCALE DRAWING FORM Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). Scale S3'3>o" iV /oo •I /OO'aoo \ \' \ \\vV/'\\ Daterigrature of Property Owner BK —042016 360,800 • Victor Uindeen Co., Printers • Fergus Falls, MN • 5-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings Existing Proposed Existing Proposed Ft^Ft^Ft^Ft^ Dwelling Deck(s) Attached Garage Patio(s)-Detached Garage Sidewalk(s)^7-2- Storage Shed Landing(s)/ZO WQAS PORCH I SoODriveway(s) (ClRMifC) 6 7SRCUParking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous 3^75HoeTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^Total Buildings .3%X2S2.100+H-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Impervious Surface Ratio Lot Area Ft^ Ft^Ft^ Ft^ ^oe>5 2 77 7^+100■ -5-X Impervious Surface Calculation Worksheet 04-11-2016 ! Signature:-7:^Date <S Itr s 9 0-n ^ fin ^ 0 5. >s *t-^/>7~/p6)cj d I- .•- r ; O Ojr!i'5i f.- I V- ^,4”o^ tfi?' I 'cXo?osef>-» r-fl- plooi- L^^l•eL,X r0-G>’‘ +6R-.-' TV]f^eisj^V' ^^tOOW] SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore impact Zone only. List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback (see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.). Only 1 structure may be placed in a SIZ. Def # 76. Shore impact Zone (SIZ): Existing Ft^Proposed Ft^ Building(s)Co Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous oTOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft^Ft^ Maximum Allowable 260 Ft^ 6 oo+ Impervious Surface Calculation SIZ 04-11-2016 Signature:Date: S’- 9- J11-' J~0 LJ kon-v, (kV o 4-c-v I C^'en^-elh Cori C(Lrr\7 i 1 cl kk /^ e/jivfcor CoGLci SOIZ. MV fS)<f CL.C-t>[ I Wat/<_ ^ ^ ^1 ioO A \o k o]^a^A 4i^ pcojfe^'ky V I issued U)l^^ CieuOrJs 1 ^>Coj^ec.^ 4X^1 j 4 ra^C00(^]m<fr\, ■[- Qv ^c?ec,P KkOe noac^ti Sed C?€.r^o^e^lpo PJOc) Id ^ Qeia^V Qvi^cL 6L K»5 V\ Y\€J^Iv1do^ kood <• ^ I Y\e>C'\- d (XaVi Cif o.-^ ^CO^Ci^SS, 0/\ 4t'v<_ k e^r» <L Iboi^ ddru3c-£:J do ^^i5kP CX)r s. / f\OLzre-l^; e/’ 3S’g7V ^l<^o^^Jc /h>^e-ol-x ^ci. Wrv ^ ^ 7-i^ y^p'if^ ( Jrl^^Cir^^ yC-iuL> X^-e>\rt-yy^ A-^li/fvJ^ yi^^~ i’p^< ‘ ' ; IfU^ruiiy^^L a_ jA^'- ^ ■ -,/ T/j^.zJj^ <juc<_ /i<>^ ^ Cindt ^:Li^ —r ( '( h_ f\\ Cl n^ CjaJ!>O^k-^ \>A\^ 3wf LAND & RESOURCE OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Fails, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Devin Gemelli 38860 Eldorado Beach Rd Battle Lake MN 56515 Has/have 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 11, 2019 at 7:30 p.m. in the Commissioner's 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 Otter tail County Land & Resource Management office prior to the date of the public hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, piease listen to the iocal Fergus Falis Radio Stations or contact the land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No.- 02000230174000 Wly 613' of SL 1 of GL2 Ex 5 Tracts of 500' on Lk Section 23, Township 134, Range 40 Township Name-Amor Legal Description: Lake Name/Number/Class: Property Address: Otter Tail Lake (56-242), General Development (GD) 38860 Eldorado Beach Rd., Battle Lake MN 56515 The variance requested is the following: Requesting Variance to attach garage to the house. Garage foundation will be 24' from Bluff. Proposed attached garage will tie into the existing roof approx. 20' from the bluff. Amy Busko Board of Adjustment Secretary March 28, 2019 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 LIVE YOUR best life HERE. OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25th day of April, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner N/AGre^& Nancy Johnson 16976 62"^* St SE Kathi Budke, Clerk Friberg Township 31289 Co. Hwy 3 Fergus Falls MN 56537 Walcott ND 58077 City Clerk (if located within 2 miles of a city) N/A (Q Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Big McDonald:UJ lar Perham): Little'J^onald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Littl^mSfc Big Pine: Pelican, Fi^, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: De^ Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Planning Commission Member: Bruce Stone, 45302 Plentywood Rd, Perham MN 56573 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number OF Notices & Envelopes to Print FileDated: April 25, 2019 $Extra BOA Members___ PC Member____!_ Envelopes____ TOTAL NOTICES TO PRINT l/l n^^dded to Agenda I ^Print out Findings of Fact Shee^ Newspapers hj . ^ PdlUcn IfLitpich ^_______ Amy Busko, Secretary Otter Tail County Board of Adjustment 5 FOF Amy^JskoBy: l:\BOA\Affidavit Original 02-2019.docx Buffer Parcels Parcel No Addr 1Name 1 Name 2 Addr 2 Citv St Zio Fergus Falls MN 56537 170628000100068005 Eric 0 Boe 1520 Somerset Rd 28000990322000 Lynn & Wendy Gale Harlow 31263 County Highway 43 Erhard MN 56534 9439 28000990324000 Lauren E & Shirley J Vos 25377 Heilberger Ln Erhard MN 56534 9449 28000990325000 William G & Jean Wurl Hankinson ND 58041 0280PO Box 280 28000990326000 Patrick T & Jean E Keating 1427 Bayard Ave Saint Paul MN 55116 1645 Gladys Moline Tstee28000990328000 25469 Heilberger Ln Erhard MN 56534 9449 28000990329000 Robert L & Pamela L Harrison 6358 Manchester Ave NE Otsego MN 553014691 28000990330000 Michael J Gerdes Erhard MN 56534 944925493 Heilberger Ln 28000990331000 Robert & Kae Honeman Erhard MN 56534 944925497 Heilberger Ln 28000990332000 Troy A & Lisa A Workman 25486 Heilberger Ln Erhard MN 56534 9449 28000990333000 Ralph & Donna Butterfield 25482 Heilberger Ln Erhard MN 56534 9449 28000990334000 Thomas Sneed 1304 Medicine Lake Dr W #316 Plymouth MN 554414853 28000990335000 Jon W & Margery A Stephenson Waubay SD 57273 0093PO Box 93 28000990336000 Gregg L & Nancy M Johnson 16976 62nd St SE Walcott ND 58077 0 28000990337000 Fritz M Karsnia 617 Lakeside Dr W Fergus Falls MN 56537 2114 28000990338000 James 0 & Sonja Shay A Tst 46828 471st Ave Nicollet MN 56074 4051 28000990353000 State Of Minnesota Tax Forfeited Parcel 00 28000990356002 Eric 0 Boe 1520 Somerset Rd Fergus Falls MN 56537 1706 Wednesday, Aoril 17, 2019 Page 1 of 1 Buffer Mail Address i Address 2 City, State, ZipName 1520 Somerset RdEric O Boe Fergus Falls MN 56537 1706 Ralph & Donna Butterfield 25482 Heilberger Ln Erhard MN 56534 9449 Michael J Gerdes 25493 Heilberger Ln Erhard MN 56534 9449 Gladys Moline Tstee 25469 Heilberger Ln Erhard MN 56534 9449 Lynn & Wendy Gale Harlow 31263 County Highway 43 Erhard MN 56534 9439 Robert L & Pamela L Harrison 6358 Manchester Ave NE Otsego MN 553014691 Erhard MN 56534 9449Robert & Kae Honeman 25497 Heilberger Ln James 0 & Sonja Shay A 1st 46828 471st Ave Nicollet MN 56074 4051 16976 62nd St SEGregg L & Nancy M Johnson Walcott ND 58077 0 Fritz M Karsnia 617 Lakeside Dr W Fergus Falls MN 56537 2114 Patrick! &Jean E Keating 1427 Bayard Ave Saint Paul MN 55116 1645 Thomas Sneed 1304 Medicine Lake Dr W #316 Plymouth MN 554414853 Jon W & Margery A Stephenson PO Box 93 Waubay SD 57273 0093 Lauren E & Shirley J Vos 25377 Heilberger Ln Erhard MN 56534 9449 Troy A & Lisa A Workman 25486 Heilberger Ln Erhard MN 56534 9449 William G & Jean Wurl PO Box 280 Hankinson ND 58041 0280 Wednesday, April 17, 2019 Page 1 of 1 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ 925306 925306 was filed/recorded In this office for record on the // day of (Jjt/1^2003 at I C3P am^^) Wendy L. Metcalf.Cpunty Ftecorder by: (De&trtV ’ well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number i Accepted By / Date DAYTIME PHONE (ho 0 9^^ tfome /-^yav c&l/caJALCoH-, /JA> SQ0y7~^14( Gf^eo(^ A. //J/^ucv /n,PROPERTY OWNER ^ o Go IMAILING ADDRESS Jd£U=3£S^£KLAKE NUMBER LAKE NAME LAKE CLASS TOWNSHIP y.3 V RANGE TOWNSHIP NAME 1 :2eooo^os3>/^oo£y iQ_SECTION PARCEL NUMBER E-911 ADDRESS ,/f\p , S^S3^iu LEGAL DESCRIPTION 4-i-e I »-^s."^^T£rS 3s TYPE OF VARIANCE REQUESTED (Please Check) structure SizeStructure Setback Subdivision Misc.Sewage System Ciuster SPECIFY VARIANCE REQUESTED / O 10 V/s-<i^O (/£1^00 n\ Ttooty\. ^"Tk coW!13 tOu~^ A/^A-'T^ ^(£>OiC afp^orimAr4y 7^ ^ '6'^tK-nJ ^AT/S.A I Ok- ‘l)fi>-rY\rY\iV^ ujJl p/0 /\ tJot-( Ut^L /ei^i/»i4 i UNDERSTAND THAT i HAVE APPLiED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. 1 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. DATEiGNAtURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ^ h /?/nDate Of Hearing Time Motion Gregg L. and Nancy M. Johnson - Approved as requested. (7:13 p.m.) Motion was made by Paul Larson, second by Steve Schierer and unanimously carried, to approve a variance of 22’ from the required ordinary high water level setback of 100’ for a 10’ by 18’ second floor addition located 78’ from the ordinary high water level. It was noted that the applicants’ proposed project would be no closer to the ordinary high water level than the existing structure and that the roof is in need of repair. Obaiffnan/Otter TailCoun lard of Adjustment Perh^(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) _____ No Copy of Application Mailed to Applicant And the MN DNR BK-0402-001 309,424 - Victor Lundeen Company, Fergus Falls, Minnesota April 3,2003 Page #3 Bernice Mills - Approved as modified and with a condition. (6:25 p.m.) Bernice Mills, Lots 6 and 7, Block 1, Pischke and Taylor Addition, Spitzer Lake in Leaf Mountain Township, requested a variance 113’ from the required ordinary high water level setback of 200’, a variance of 13’ from the required shore impact zone setback of 100’ and a variance of 5’ from the required road right-of- way setback of 20’ for the placement of a 35’ by 45’ dwelling with a 10’ by 25’ patio and an attached 28’ by 35’ garage 87’ from the ordinary high water level and 15’ from the road right-of-way; a variance of 140’ from the required ordinary high water level setback of 200’, a variance of 40’ from the required shore impact zone setback of 100’ and a variance of 5’ from the required road right-of-way setback of 20’ for the placement of a 40’ by 60’ detached garage 60’ from the ordinary high water level and 15’ from the road right-of-way and a variance of 98’ from the required ordinary high water level setback of 150’ for the placement of a sewage system 52’ from the ordinary high water level. The audience was polled with Bruce Reno speaking against the variance as requested. After much discussion and consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve the placement of a detached garage no closer than 100’ to the ordinary high water level, to deny all other variances as requested by the applicant and to support the July 9, 1998 variance that was approved for the placement of a dwelling with the condition that a permit for the septic system must be obtained before any other permits can be issued on this property. It was noted that the Land and Resource Department must approve the septic system location. It was also noted that the previously granted variance does provide the applicant with a reasonable use of her property. Randall Christiansen-Tabled. (7:07 p.m.) Randall Christiansen, part of the Southwest Quarter of the Northeast Quarter, Section 22 of Parkers Prairie Township by Lake Adley, requested the following: I applied for a building permit and cannot get one because my sewer system was condemned. I do not have a problem with installing a new sewer system. But the City of Parkers Prairie is planning on annexing my property and at that time city water and sewer will be available to my property. The City Administrator told me that the annexation process would be------- completed in approximately two-years. My request for a variance is one of economics. I don’t want to have to pay for a new sewer system and then in two years have to hook up to the city’s system. The audience was polled with no one speaking for or against the request. An email from David Campbell, Parkers Prairie City Administrator, in support of the applicant’s request was read for the record. Due to weather conditions the applicant was unable to attend the public hearing. After consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously earned, to tabled this variance request until the May 1, 2003 Board of Adjustment meeting so long as the applicant provides, by April 10, 2003, a written statement authorizing the Board’s action to table this hearing, otherwise, the variance as requested by the applicant is denied. Gregg L. and Nancy M. Johnson - Approved as requested. (7:13 p.m.) Gregg L. and Nancy M. Johnson, Lot 35, Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested a variance of 22’ from the required ordinary high water level setback of 100’ for a 10’ by 18’ second floor addition located 78’ from the ordinary high water level. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Paul Larson, second by Steve Schierer and unanimously carried, to approve a variance of 22’ from the required ordinary high water level setback of 100’ for a 10’ by 18’ second floor addition located 78’ from the ordinary high water level. It was noted that the applicants’ proposed project would be no closer to the ordinary high water level than the existing structure and that the roof is in need of repair. //Scale:.grid(s) equals feet, or inch(es) equals feet Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) ^doy <rrS X ioo=_^Lo2_3l % Total Impervious Surface Onsite (FT2) Total Lot Area (FT2)5S'30'*IaJ //OO / OO ><^00 ' /- <^3-^3 Dated 304.678 • Victor Lund®er> Co. Printers • Fergus Falls. MN • 1-800-346-4870 \ 815880 Office of County Recorder County of Otter Tail I hereby certify that the within Instrument was filed 1^ day offor record in this office on the Alo\J A.D. 19^ and was duly Microfilmed as Doc. ^Deputy 3^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS. MN 56537 (218) 739 -2271 ■» * #COMPLETE THIS APPLICATION IN BLACK INK ***L0~Application Fee 7Receipt Number PROPERTY OWNER &^lk6>6y L f fA TOt(<Oi<OAJ DAYTIME PHONE ~7<P I fJh s&cni SECTION / O TOWNSHIP 13 V RANGE £>^2. TOWNSHIP NAME 6no eatiA IADDRESS hiFIL ?,BLbeii.LAKE NAME LAKE NUMBER LAKE CLASS FIRE NUMBER OR LAKE I.D. NUMBER LEGAL DESCRIPTION seer lO T^P 13.^ -0 41. /.ART rsifiTES Lot 3^^'^-6CO- 9f33C. -Qoo TYPE OF VARIANCE REQUESTED (Pleasfe Check) Structure Setback X Structure Size Sewage System___ Subdivision Misc.Cluster SPECIFY VARIANCE REQUESTED he.pl4ce. e,)(isTiP6> ^ e fitJh E^cLo.se cVeH. 'i^oteno^J uixxtl s.ck.e&J - JOslO 'X>Scl<i laJ\LL S. . 4'j ft- hr\E 'c>ismpce' ^i/to^rx 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. /3, DATESKSfMTURE QF/PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Me / ^ ^ , 6&C'c^/-v/7 JA<^ 3^S S^/ ss^■Ssa '■e&ictc.3SS 3 Bm 3^Bduf ^SS 7B50 PC' )oll^lciyAccepted By Land & Resource L & R Official/Date 7:3a /in')Time//- /7- 91Date Of Hearing Motion Motion was made by Randall Mann, seconded by Robert Schwartz and unanimously carried, to approve side lot line variances that would allow for the addition of a water - oriented accessory structure on the applicants’ existing dwelling noting the following conditions: 1) the water -• oriented accessory structure will be centered on ' the front of the applicants’ dwelling, 2) the water - onented accessory structure yvill extend no more than 16’ out from the front of the house, 3) the water - oriented accessory structure will have a width of 20’ or less, 4) the water - oriented accessory structure will have no more than 260 square, feet of area, and 5) the water - oriented accessory structure will have a height of 10’ or less. It was noted that the roof of a water - oriented accessory structure can be usdd as a deck. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No ;7 ////7/<y7Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0797-001 267,383 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota November 13, 1997 Page 4 Gregg L. and Nancy M. Johnson - Approved Gregg L. and Nancy M. Johnson,.Walcott, ND, requested a variance “to replace existing deck with new deck 2 feet shorter and enclosed lower portion with screen. New deck.will be same distance from lake as house 47’.’’ the property is described as Lot 35, Heilberger Lake Estates, Heilberger Lake in Friberg Township. The audience was, polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by Robert Schwartz and unanimously carried, to approve side lot line variances that would allow for the addition of a water - oriented accessory structure on the applicants’ existing, dwelling noting the following conditions: 1) the water - oriented accessory structure will be centered on the front of the applicants’ dwelling, 2) the.water- oriented accessory structure will extend no more than 16’ out from the front of the house, 3) the water - oriented accessory structure will have a width of 20’ or less, 4) the water - oriented accessory structure will have no more than 260 square feet of area, and 5) the water - oriented accessory structure will have a height of 10’ or less. It was noted that the roof of a water - briented accessory.structure can be used as a deck. Frederick and Roxanne Labandz -Approved Frederick and Roxanne.Labandz, Elk River, MN, requested a variance “to construct a.grey water system. Consisting of (2) 500-gallon septic tanks and 60-sq. ft. of drainfield. The 150’ setback cannot be obtain, therefore it is our request to place it 60’ and 80’ from lake. It is also our request to leave outhouse where it is which is 48’from lake and 15’+to water table.’’: The property is described'as a .56 acre tract in.Government Lot 3 in the Northeast'Quaiier of the Southeast Quarter (Island), Section 29 of Dead Lake Township by Dead Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, seconded by Grbig Anderson and unanimously carried, to allow the placement of a grey water system 60 to 80’ from the lake and to allow ah existing out house to ^ remain approximately 48’ from the lake. ..Jt’should be noted that the grey water system will consist of (2) 500-gallon septic tanks and 60 square feet of drain field, The granting of this variance will provide the applicants with a reasonable use of their property. Hardship is the island. 1 Donald W. and Dolores M. Bernauer - Approved Donald W. and Dolores M. Bernauer, Perham, MN, requested a variance of .7’ from the 18’ maximum non-dwelling structure height and a variance of 49’ from the required ordinary high water level setback of 200’ for the construction of a storage building haying a height of 18.7’ and located approximately 151 ’ from the ordinary high water level. The property is described as a 7.8-acre tract in Government Lot 3, Section l O pf Edna Township by Rusche Lake. The audience was polled with no one speaking for of against the request. After consideration, motion was made by Craig Anderson, seconded by Cecil Femling and Unanimously carried, to approve a variance of .7’ from the 18’ maximum non-dwelling structure height and a variance of 49’ from the required ordinary high water level setback of 200’ for the construction of a storage building having a height of 18.7’ and being located approximately 151’ from the ordinary high water level. It was noted that the building was constructed using truss rafters, which will prevent a second story in the structure. Hardship is the extreme high level of the lake at the present time. It was noted that the lake level is presently much higher than the ordinary high water level. / / I I /V / I I I o >p T T I I i -/llEfcr\l ; /I it1 tor; 1 1 r- // u^oL^ ie>eL LOfirL-H-tyuCC ■- i / I V 4- ' ij.! 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