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Home My WebLink About32000990419000_Variances_04-03-2008Variances Barcode 128 M'S-200?)/ OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # r loo1037135was filed/recorded i^this office for rec0^ on the /Cg dav of s 2008 at/rt /.SdTOPm Wendy L. Metcalf, County Reorder /Z)q/4 Sordino fe^ ^ well certifica^OK. THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED F£B 0 8 2008 LAND & RESOURCE 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 i4A\3X 9x2 - Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONEtPROPERTY OWNER MAILING ADDRESS 5€> - 3^^ ^ Cl____A)n s L±le ■(■ LtN\-g 5 RANGE *1 0 TOWNSHIP NAME LAKE CLASSLAKE NAMELAKE NUMBER HA VnO/ ~f112(o TOWNSHIPSECTION E-911 ADDRESS PARCEL NUMBER ^ 111 7 /- A k A r)1 } OQ 09'=^ 04 p (qOo p , ih N r i X)-V LEGAL DESCRIPTION LSV-♦ Os 1 TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback )<^ Structure Size Misc.Subdivision ClusterSewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Camp Cherith has had an 8 x 12ft. shed to store our waterfront equipment (lifejackets, paddles, etc) since 1980 when a variance was given for that structure. In Fall of 2007, a tree fell on the shed and totaled it. We would like to put another shed in the same area but increase the size to 10 x 20 feet. We are applying for a side lot line variance setback since the lot is only 100 ft wide. The structure will be 25 ft from one side lot line and 65 ft from the other. It will stay at least 30ft from the water level and under the 1 Oft height restriction. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCeSUBDIVISION 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. Vs /6 $Ckl Cv VI 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) jr.1 ■ ,^oog TimeDate Of Hearing Motion North Central Camp Cherith - Denied. (6:36 p.m.) Becky Nelson represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Emily and Brian Kuehne in opposition to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the variance as requested as no adequate hardship and/or practical difficulties unique to the property had been shown that would allow for the granting of the variance as requested and noting that the applicant has a previously approve variance application that does provide the applicant with an ability to obtain a reasonable use of the property. It was also noted that there appears to be adequate room to place the proposed structure towards the rear of the lot and the granting of the variance as requested would establish precedence. airman/otter Tail County of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No ^^py of Application Mailed to Applica^Co. Assessor and the MN DNR L R'Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls. Minnesota MEMO OTTER TAIL COUNTY ATTORNEY 218/998-8400 RECEIVED APR 162008 & RhSGURCE Bill KalarTo: From; David J. Hauser Date: 4-15-08 Re; North Central Camp Cherith variances It is my understanding at the recent April, 2008 meeting of the Board of Adjustment, the variance request was denied. However, it was mentioned at that time that the existing variance would remain in effect, which is true, and that they may not need a variance. In reviewing the existing variance, which was granted February 21,1980, they were allowed an eight foot by 16 foot building approximately 30 feet from the lake. This was a variance from the lake setback. All other setbacks have to be met. (There was no WOAS provisions back in 1980.) Based on the existing variance, the camp could build the same size, or smaller, building 30 feet from the lake. It is my understanding that they are seeking to build a larger building and consequently a new variance would be required. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, April 3, 2008 The Otter Tail County Board of Adjustment met Thursday, April 3, 2008, with the following persons in attendance: Michael Harris Steve Schierer David Hauser, County Attorney Chris Stuber, Assistant County Attorney Kyle Westergard, Land and Resource Management Paul Larson Rick Wilson Randall Mann CarIZick Pre-Meeting Information (6:25 p.m.) - David Hauser, Otter Tail County Attorney presented the following two handouts: 1, Memo dated January 17, 2008 summarizing a meeting Mr. Hauser had with Mike Rengel, Mr. Rengel is the attorney representing Otter Tail County in the Stadsvold appeal. The memo reviewed questions raised by the Supreme Court concerning Practical Difficulties, Before the Fact, Substandard Lot of Record and Must Consider Language. A copy of the memo is attached. 2. Findings Required for a Variance - This document was prepared by Chris Stuber, Assistant County Attorney and is intended to serve as a checklist for the Board to a help assure compliance with Section V.5.E of the Otter Tail County Shoreland Management. A copy of this document is attached. Called to Order - Randall Mann Chair called the meeting of the Board of Adjustment to order at 6:35 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the January 3, 2008 meeting as mailed. The Board of Adjustment considered the following applications for variance: North Central Camp Cherith - Denied. (6:36 p.m.) North Central Camp Cherith, Inc. Lot 21 Sky Blue Water Beach, Lake Six in Hobart Township, requested the following: Camp Cherith has had an 8’ by 12’ shed to store our waterfront equipment (life jackets, paddles, etc.) since 1980 when a variance was given for that structure. In Fall of 2007, a tree fell on the shed and totaled it. We would like to put another shed in the same area but increase the size to 10’ by 20’. We are applying for a side lot line variance setback since the lot is only 100’ wide. The structure will be 25’ from one side lot line and 65’ from the other. It will stay at least 30’ from the water level and under the 10’ height restriction. Becky Nelson represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Emily and Brian Kuehne in opposition to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to deny the variance as requested as no adequate hardship and/or practical difficulties unique to the property had been shown that would allow for the granting of the variance as requested and noting that the applicant has a previously approve variance application that does provide the applicant with an ability to obtain a reasonable use of the property. It was also noted that there appears to be adequate room to place the proposed structure towards the rear of the lot and the granting of the variance as requested would establish precedence. J t.- March 25, 2008 Otter Tail County Board of Adjustment Members: This letter is in response to the Notice of Hearing for Variance regarding; Lot 21 Sky Blue Water Beach 51112 Lake Six Road Section 6, Township 137, Range 40, Hobart Lake No. 56-369, Lake Six, Class RD The variance request is to permit Camp Cherith to build a 10’ x 20’ storage shed within 25’ of the side lot line. As Camp Cherith’s neighbors directly to the North we respectfully request this variance be denied. Having a structure this close to the water and this close to our lot line would negatively impact our property and enjoyment of the lake. The lot belonging to Camp Cherith does not currently have any other structures. There is ample room on the property to build a structure in keeping with the Otter Tail County Shoreland Management Ordinance requirements. Furthermore, to our knowledge the State of Minnesota owns the lot to the south (swamp), which would make a variance to the south lot line the logical placement for a future structure. Sincerely, Emily and Brian Kuehne 51114 Lake Six Road Frazee, MN 56544 402-660-5712 kuehner27@yahoo.com FEEUTZ008 tANO& RESOURCE RECEIVEDSCALE DRAWING FORM 3)2ooc)0|^oV /9doq Tax Parcel Number(s) The scale drawing must include the outside dimension (lotiines) of the property above the ordinary high water levei, and must identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. M.c %I Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale ' )fiAoL lOliJmomhAlsIot\ -'•e. ; ■ [.1:i\,i. .4f' .1 r;■4...1..i. ■■i ■■•V t- ... . ... r 1. -•fT- ■ f L...-t- i" -4. ■■ rIi ■•i ■'f1■i -i.i.4I-r.!I ‘ - ■r^'1 't I tf-i..t 1 r4 -I■4..f1 1•I i4..t I.-41< 1 1 ' ! •f .r;.. .1•rt'I.1..;1..1■; r-4 !T ■I ....ia -r.4.+•tt,1 I 4 I ‘.!■ r. ...t./t —t I,v« i!4.,4.. 4.i.(7...4.-..r f-KA1 4 ^___r -4.I ♦7I-, i1ix'Z'ir!..R it^!-i f—f..f"'..f; r 4 ..4 : T|.+3"r4f:;„L -i- ' s 'f)•.[.•-.4...4....■h--4..ti- 4 !•••irr;4-*ip'.4..f-+.■ 4-i 4 4-4-i:I <LT4-44 ■ I■:r TI1■L-I 4I r..4. ■I...j k,4 c?(■4' -;T !" ;r r---- r .J4 4.Od -i .1.+r +o ^ rU.'.r -r 4"-'r j I !■ ■r 4 .rP ■i ■rTJ.Li ...,uf.4 i t 4 i i r >-'i ■i 'I>.4 '• T ■4- ^ 4y7' -tIa ;4" i 4.■f' rt..r 4f -..4. Il'■[ll T' . f.[■■r 'P-J!L 4 ‘ ^■o d-' . s 1" i' ' .4[.,1—f 4 .-I 1 i■-I- ;f'Po , d.<r.x\ ffl( ^ .\L(!'^/‘I /O^( t.i i !1 Signature of Property Owner Date i BK — 0207 329,086 ■ Victor UinciBsn Co„ Printers • Fersus Fails, MN * 1*80O-346'4870 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: %X100 = IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA RECEIVED m 08 2008 UND& RESOURCE 1 SIXLAKEi t N I \\ // \ // * / • // 00 CA Om^ t » I rutm-Ati____ Notice of Hearing for Variance Otter Tail County Government Services Center 510Fir AveW 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 scheduied hearing. To Whom It May Concern: North Central Camp Cherith, Inc. 10039 James Circle S. Bloomington, MN 55431 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, April 3, 2008 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 21 Sky Blue Water Beach Property Address - 51112 Lake Six Road Section 6, Township 137, Range 40 - Township Name - Hobart Lake No. 56-369, Lake Name - Six, Class - RD The variance requested is - Camp Cherith has had an 8’ by 12’ shed to store our waterfront equipment (life jackets, paddles, etc.) since 1980 when a variance was given for that structure. In Fall of 2007, a tree fell on the shed and totaled it. We would like to put another shed in the same area but increase the size to 10’ by 20’. We are applying for a side lot line variance setback since the lot is only 100’ wide. The structure will be 25' from one side lot line and 65’ from the other. It will stay at least 30’ from the water level and under the 10’ height restriction. 'Wayne Stein Board of Adjustment Secretary Date: March 13, 2008 DaDaNo 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 March, 2008 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: North Central Camp Cherith, INC, Attn: Doug Nelson, 10039 James Cir, Bloomington, MN 55431-3008 Debi Moltzan, Twp Clerk of Hobart, 47634 353'“ Ave, Frazee, MN 56544 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 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, 32117 260th Ave, Erhard, MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 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: March 14th, 2008 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud RONALD J BLAINE JR ET AL 616 RODGECREST NEW BRAUNFELS TX 78130 3527 KENT E & JACQUELINE KARCH 1214 2ND STS MOORHEAD MN 56560 4008 DUANE E & JOYCE HALVORSON 7640 VIEWCREST LN NEW HOPE MN 55427 2822 PATRICIA NUNN & M LACOURSIERE 51070 LAKE SIX RD FRAZEEMN 56544 8914 NORTH CENTRAL CAMP CHERITH INC ATTN DOUG NELSON 10039 JAMES CIR BLOOMINGTON MN 55431 3008 BRIAN KUEHNE & EMILY ETHINGTON 8062 CEDAR ST OMAHA NE 68124 2204 LYLE & ROMELLE TOUSSAINT 1436 18TH STS FARGO ND 58103 3830 STATE OF MINNESOTAJAMES A & ANITA M OLSON 2399 STANDRIDGE AVE MAPLEWOOD MN 55109 1545 2/13/2008LIST PARCELS IN BUFFER Country/Parcel'Number ,cszSortnameName2 ,'Namel Street Addr ? Addr2 Addr3 NEW BRAUNFELS TX 78130 3527i32000060047000 iBLAINE,RONALD J JR ET AL 32000060047002 STATE OF MINNESOTA (RONALD J BLAINE JR ET AL 616 RODGECREST STATE OF MINNESOTA 32000990412900 KARCH,KENT E & JACQUELINE (KENT E & JACQUELINE KARCH 3(^6^4^3000 iHALVORSON,DUANE E & JOYCE -Yj5ycE HALVORSON 32000990414000 HALVOR^N,DUANE E & JOYCE DUANE E & JOYCE HALVORSON 32000990415000 TOUSSa1nT,LYLE & ROMELLE 32600990416000 ~ itoUSSAJNt'LYLE & ROMELLE 32666990417000 OLSONjMeS A & ANlf^^ 32060996418006 iKUEHNE^BRFAiTsTEivni^ IBR6aN KUEHNE sTilWLYEflTlNGTO 32000990419000 NORTH CENTRAL CAMP CHERITH IN NORTH CENTRAL CAMP CHERITH IN ATTN DOUG NELSON 10039 JAMES CIR 32666996451666’NUNN,PATRICIA & M LACOURSIERE F^TRICI^ 3(2660996452666 !NUNIN(PAfRlciA & M LAOOURSIERE ’ PATRICIA NUNN & 32666996453600 :NUNN,PAfRICIA & M (lACOURSIERE’’pa™ 32000990454000 NUNN.PATRICIA & M LACOURSIERE PATRICIA NUNN & M LACOURSIERE MOORHEAD MN 56560 4008 NEW HOPE MN 55427 2822 1214 2ND STS 7640 VIEWCREST LN NEW HOPE MN 55427 28227640 VIEWCREST LN 1436 18TH STSLYLE & ROMELLE TOUSSAINT LYLE & ROMELLE TOUSSAINT JAMES A & ANITA M OLSON iFARGOND 58103 3830 FARGO ND 58103 38301436 18TH STS IMAPLEWOODMN 55109 1545 OMAHA NE 68124 2204 2399 STANDRIDGE AVE i8062 CEDAR ST BLOOMINGTON MN 55431 3008 FRAZEE MN 56544 8914 FRAZEE MN 56544 8914...... ?51070 LAKE SIX RD 51070 LAKE SIX RD 51070 LAKE SIX RD 51070 LAKE SIX RD FRAZEE MN 56544 8914 FRAZEE MN 56544 8914 Page 1 2/13/2008Buffer Mail T cszstreet Addr KV\ddr2 Addr3>NamelSortname Name2 |NEW BRAUNFELS TX 78130 3527 NEW HOPE MN 55427 2822 MOORHEAD MN 56560 4008 OMAHA NE 68124 2204 BLOOMINGTON^^^M^^^ 55431 3008 616 RODGECRESTRONALD J BLAINE JR ET AL HALVORSON.DUANE E & JOYCE DUANE E & JOYCE HALVORSON KUEHNE,BRIAN & EMILY ETHINGTON BRIAN KUEHNE & EMILY ETHINGTON BLAINE,RONALD J JR ET AL 7640 VIEWCREST LN 1214 2ND ST S 8062 CEDAR ST......... KENT E & JACQUELINE KARCH i. TNORTH CENTRAL CAMP CHERITH IN NORTH CENTRAL CAMP CHERITH IN ATTN DOUG NELSON 10039 JAMES CIR 51070 LAKE SIX RD 2399 STANDRIDGE AVE FRAZEEMN 56544 8914NUNN,PATRICIA & M LACOURSIERE PATRICIA NUNN & M LACOURSIERE j OLSON,JAMES A & ANITA M STATE OF MINNESOTA TOUSSAINT,LYLE & ROMELLE MAPLEWOOD MN 55109 1545JAMES A & ANITA M OLSON STATE OF MINNESOTA FARGO ND 58103 3830LYLE & ROMELLE TOUSSAINT 1436 18TH STS Page 1 RECEIVED FEB 0 8 2008 LA^^D& RESOURCE WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND 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 # o.ooS 9 t 9 o o As a result, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 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). Applicationdescribed in my dated Vv / o ^ PROPERTY OWNER ^ ^/h /o i DATED 11-02-04 Mbowman forms-apps waiver 60 day rule