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Home My WebLink About14000040034001_Variances_11-30-2005Variances Barcode 128 3o A]cJfc>Ac'it -j-daSd OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify 4;^ this instrument #------------------- was filed/recorded in this office for record on the ^ih day of Drc 2005 ati2:iSa Wendi^Metcaif, (^^y Recorder hy; Deputy ^(oAo recording fee ^ 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 a.5 Application Fee Receipt Number 7 S' Accepted By / Date /yfAl^ /ft/Z7/o^ COMPLETE THIS APPLICATION IN BLACK INK ^^fe^YTIME PHONEc 77^ ^5^ PPROPERTY OWNER MAILING ADDRESS 56-3/r 0-7LAKE NUMBER LAKE NAME ^LAKE CLASS ^35'YLSECTION TOWNSHIP 0000 VOC) 33.O00 /VOOOQ ¥60 3 ^(^(3 RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION •5^/’Z- TYPE OF VARIANCE REQUESTED (Please Check) Misc.Structure Setback Structure Size Sewage System Subdivision Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.14, ( C& ;lS') Ap I UNDERSTAND THAT I HAVE APPLIED FOR A MANAGEMENT ORDU^NpF/feUBDIVISION CONT^ I ALSO UNDEI^TAND RESOUI^ MANAGEJI :e from the requirements of the SHORELAND ORDINANCE OF OTTER TAIL COUNTY. ^T OTHER FERMIT81WAY BE^QUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & T REGAR'DINQThIS matter SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING SCANHED(Applicant Will Receive Notification As To The Date/Time Of Hearing) WWfM i^FOoSiSo 6 /?/72.Date Of Hearing Time Motion Christopher Branchaud - Approved the variance as requested with conditions. (6:31 p.m.) After discussion and consideration, Cecil Femling made a motion, second by Paul Larson to approve the variance as requested. The motion failed with Michael Conlon, Randall Mann, Steve Schierer and Leona Zimmerman voting no. After additional discussion and consideration, Michael Conlon made a motion, second by Steve Schierer and carried with Randall Mann voting no, to approve a variance of 5’ from the required 20’ maximum height of a non dwelling structure for the construction of an agricultural building have a height of 25’ with the condition that the existing 14’ by 70’ structure and the structure or structures located within the 20’ by 60’ area identified on the applicant’s drawing must be removed. The Board noted that the proposed development is a significant improvement to the property, will not obstruct view, is iake that is basically a slough and is part of an existing farm site. ofTXdjustmentlCt»^iErRaT^@E!er fail County 6oard Permit(s) required from Land & Resource Managemeo Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 0204-001 :317,340 •'-VictorLundeen Co., Pfiniers • Fergus Falls, Minnesoia <s } \ i! 313.987 • ViclOf Lundeen Co.. Printers • Ferous Falls. MN • 1-800-346-4870BK — 0403 Notice of Hearing for Variance . Otter Taji County Government Services Center 510FirAveW Fergus Faiis, MN 56537 (218) 998-8030/998-8041 Emaii - wstein@co.bttertail.mn.us www.cp.otter-taii.mn.us Applicant must be present at the scheduied hearing. To Whom It May Concern: Christopher Branchaud POBOX24 Dent. MN 56528 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 ■ Wednesday, November 30, 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 part'of Government Lot 3, part of the Southwest Quarter Southeast Quarter and part of the South Half Southwest Quarter, Property Address - 39089 County Highway 35 Section 4, Township 135, Range 40 - Tovvnship Name - Dead Lake Lake No. 56-318, Lake Name - Bolton, Class - GD The variance requested is - a variance of 5’ from the required 20’ maximum height of a non dwelling structure for the construction of an agricultural building have a height of approximately 25’: 'Wayne Stein Board of Adjustment Secretary Date: November 10, 2005 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 10th, day of November, 2005 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Christopher R. Branchaud, Twp Clerk of Dead Lake, PO Box 24, Dent, MN 56528 Cheryl Harris, Twp Clerk of Dead Lake, PO Box 54, Richville, MN 56576 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. Shierer, 32117 260th Ave, Erhard,MN 56534 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 David Trites, 20944 Westwood Dr, Clitherall, MN 56524 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 10th, 2005 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud < PATRICK S HONER 31587 STATE HIGHWAY 108 DENT. MN 56528-9214 LAIRD A & MAXINE L STOLL 37381 395TH ST DENT, MN 56528-9512 TERRY A KARKELA 43978 NORTH LITTLE PINE RD PERHAM, MN 56573-8138 CHRISTOPHER R BRANCHAUD PO BOX 24 DENT, MN 56528-0024 JOHN L SABBIN 39585 365TH AVE DENT, MN 56528-9510 HENRY NORDBY 39170 COUNTY HIGHWAY 35 DENT, MN 56528-9513 COREY J RINAS ET AL 39647 COUNTY HIGHWAY 35 DENT, MN 56528-9511 OLAF ARD 30375 COUNTY HIGHWAY 43 ERHARD, MN 56534-9438 HENRY NORDBY 39170 COUNTY HIGHWAY 35 DENT, MN 56528-9513 PATRICK S HONER 31587 STATE HIGHWAY 108 DENT, MN 56528-9214 KW PROPERTIES 43978 LITTLE PINE RD N PERHAM. MN 56573-8138 DAVID A WENZEL 37840 LITTLE MCDONALD DR N FRAZEE, MN 56544-9221 ;■!: f. r L Parcels Entered Parcel MN 56573 813843978 NORTH LITTLE PINE RD PERHAM14000030024000 TERRY A KARKELA 37381 395TH ST DENT MN 56528 9512LAIRD A & MAXINE L STOLL14000030024001 DENT MN 56528 9214PATRICK S HONER 31587 STATE HIGHWAY 10814000030024002 £39170 COUNTY HIGHWAY 35 DENT MN 56528 9513HENRY NORDBY. 14000030030000 .. ^14000030030001 MN 56528 951237381 395TH ST DENTLAIRD A & MAXINE L STOLL MN 56528 951039585 ; 365THAVE DENT14000040032000 JOHN L SABBIN MN 56528 0024DENT14000040033000 CHRISTOPHER R BRANCHAUD PO BOX 24 J MN 56528 0024DENT14000040034000 CHRISTOPHER R BRANCHAUD PO BOX 24 Page 1 of 3Friday, October 28, 2005 Parcel 39170 COUNTY HIGHWAY 35 DENT MN 56528 951314000040035000 HENRY NORDBY 30375 COUNTY HIGHWAY 43 MN 56534 9438ERHARD14000040036000 OLAFARD 14000040037001 COREY J RINAS ET AL 39647 COUNTY HIGHWAY 35 DENT MN 56528 9511 37840 LITTLE MCDONALD DR N FRAZEE MN 56544 922114000040037006 DAVID A WENZEL /J 14000040037007 . TERRY A t^VRKELA 43978 NORTH LITTLE PINE RD PERHAM MN 56573 8138 43978 LITTLE PINE RD N PERHAM MN 56573 813814000040037008 KW PROPERTIES 43978 NORTH.LITTLE PINE RD PERHAM .MN 56573 813814000040037009 TERRY A KARKELA 14000040037010 PATRICK S HONER 31587 STATE HIGHWAY 108 DENT MN 56528 9214 J 43978 NORTH LITTLE PINE RD PERHAM MN 56573 813814000040037011 TERRY A KARKELA 37840 LITTLE MCDONALD DR N FRAZEE MN 56544 922114000040037012 DAVID A WENZEL Page 2 of 3Friday, October 28, 2005 Parcel 14000040037013 KW PROPERTIES PERHAM MN 56573 813843978 LITTLE PINE RD N MN 56544 922137840 LITTLE MCDONALD DR N FRAZEE14000040037014 DAVID A WENZEL MN 56573 813843978 LITTLE PINE RD N PERHAM14000040037015 KW PROPERTIES T; Page 3 of 3Friday, October 28, 2005 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & 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 described in my _ dated drr Application , 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 PROPERTY OWfJERDATED 11-02-04 Mbowman forms-apps waiver 60 day rule MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Wednesday, November 30, 2005 The Otter Tail County Board of Adjustment met Thursday, November 30, 2005, with the following persons in attendance: Cecil Femling Randall Mann Leona Zimmerman Michael Conlon Paul Larson Steve Schierer Mark Ronning, Land and Resource Management Cherie Clark, 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 November 3, 2005 Board of Adjustment meeting as mailed. The Board of Adjustment considered the following applications for variance: Christopher Branchaud - Approved the variance as requested with conditions. (6:31 p.m.) Christopher Branchaud, part of Government Lot 3, part of the Southwest Quarter Southeast Quarter and part of the South Half Southwest Quarter, Section 4 of Dead Lake Township by Bolton Lake, requested a variance of 5’ from the required 20’ maximum height of a non dwelling structure for the construction of an agricultural building have a height of approximately 25'. The audience was polled with Robin Branchaud addressing the need to be allowed to keep the 14' by 70’ mobile home. After discussion and consideration, Cecil Femling made a motion, second by Paul Larson to approve the variance as requested. The motion failed with Michael Conlon, Randall Mann, Steve Schierer and Leona Zimmerman voting no. After additional discussion and consideration, Michael Conlon made a motion, second by Steve Schierer and carried with Randall Mann voting no, to approve a variance of 5’ from the required 20’ maximum height of a non dwelling structure for the construction of an agricultural building have a height of 25’ with the condition that the existing 14’ by 70’ structure and the structure or structures located within the 20’ by 60’ area identified on the applicant’s drawing must be removed. The Board noted that the proposed development is a significant improvement to the property, will not obstruct view, is on a lake that is basically a slough and is part of an existing farm site. Jeffry and Jeanie Volk - Denied. (6:47 p.m.) Jeffry and Jeanie Volk, Lot 8 Plainview Sandy Beach, Little McDonald Lake in Edna Township, requested a variance of 10’ from the required ordinary high water level setback of 75’ for the placement of a non dwelling structure 65’ from the ordinary high water level and a variance of 2’ from the required septic tank setback of 10’ for the location of an addition to an existing house 8’ from the septic tank. The audience was polled with no one speaking for or against the variance as requested. A letter from Peter and Patricia Fullerton and an email from Jeff and Ann Jones in support of the variance as requested were read for the record. After discussion and consideration, Randall Mann made a motion, second by Steve Schierer and unanimousiy carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting the following: 1) the variance as requested would have been denied had the request been made prior to the start of the project because the applicants did have and could have obtained a reasonable use of there property without the granting oHhe variance as requested and 2) health issue concerns when septic tanks are placed less than 10’ from occupied structures.