HomeMy WebLinkAbout29000190128001_Variances_05-03-2012Variances
2
Barcode 128
1108583 / 0'-3''2OlZ
DOC# 1108583 1108583
Fee: $46.00
Well Certificate [ ] Rec'd
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTADate stamp
Certified, Filed, and/or Recorded:
May 08, 2012 11:00 AM
Wendy L. Metcalf, Recorder
Returned To:
LAND & RESOURCE
By: NDB
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: www.co.ottertail.mn.us
ilGO
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date •
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LAKE NUMBER ~ LAKE HAtAE f
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
6bLAKE CLASS
rolnRANGE TOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER 2^ Z~7^ Bdo.-'J-y S/viAC bc-
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LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
Misc. 2Sewage System Subdivision Cluster WECSStructure Setback Structure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Io-\' rx-Cj>nAx.<3 12^3'-' l^~7l ~h> IomiIAchIdI-c /^>r\ly -Q
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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 S*\
RESOURCE MANAGEMENT REGARDING THIS MATTER.
4^—/ Z - 2,
^^IGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
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
2 p n /s’/nDate Of Hearing Time
Motion
Craig and Kathy Hanson - Approved as requested with conditions. (8:17 p.m.)
After additional discussion and consideration, Thomas Lee made a motion, seconded by Marion Gill and unanimously carried, to
approve the variance as requested/described in the variance application dated April 12, 2012 with the following conditions: 1.) the
RCU must be placed at least 125’ from the ordinary high water level, 2.) the RCU cannot exceed 399 square feet in area and 3.)
the granting of the variance as approved does not directly or indirectly grant any other variances for future development or for the
placement of the proposed RCU on this property.
Chairilian/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 072011-001
We are requesting a variance to make a substandard unbuildable lot recorded 12-
3-1971 to be declared buildable only for the purpose of placement of an RCU on
our riparian lot on West Battle Lake. The purpose of placing the RCU here
addresses the hardship that exists due to a lack of privacy for changing clothes, no
bathroom facilities and to provide shelter from inclement weather. The RCU
would be setback approximately 125ft from the lake, further back than the
neighboring homes and would blend in with the surroundings. The RCU would
meet all setback requirements, have no sewer or water connections and would
only be used during the boating season each year. The RCU would be of a
moveable nature as we have no intention to ever build anything on this lot.
Thank you
Suggested Revised Land Description
That part of Government Lot 3, Section 19, Township 133 North, Range 39 West of the Fifth
Principal Meridian, Otter Tail County, Minnesota described as follows:
Tract X
Commencing at a found iron monument capped LS 13620 at the northeast corner of said
Government Lot 3; thence South 89 degrees 55 minutes 30 seconds West on an assumed
bearing along the north line of said Government Lot 3 a distance of 301.50 feet to the point of
beginning on the northerly extension of the easterly line of Parcel F as located in a survey of
metes and bounds tracts dated April 24, 1965 performed by Dean S. Dinsmore, LS 6174; thence
South 01 degrees 24 minutes 32 seconds East along the easterly line of said Parcel F a distance
of 111.47 feet to the intersection with the south line of the north 110 feet of said Government Lot
3 as monumented in said Dinsmore survey of metes and bounds tracts; thence North 89 degrees
54 minutes 42 seconds West along said monumented line 71.05 feet to the westerly line of said
Parcel F; thence North 01 degrees 23 minutes 09 seconds West along the westerly line of said
Parcel F 111.27 feet to the intersection with the north line of said Government Lot 3; thence North
89 degrees 55 minutes 30 seconds East along the north line of said Government Lot 3 a distance
of 71.00 feet to the point of beginning; Containing 0.18 acres, more or less, subject to an
easement for Township road purposes and other easements of sight or record, if any.
Parts of Gov't Lot 3. Section 19,
Township 133 North, Range 39 West,
Otter Tail County, Minnesota
S 89^55’30" W
859.73* (M) ""
855* (R)NORTH LINE
'OF GOVT LOT 3S 89* 55* 30’W 348^3*s eg’ss'so- w
301.50’ (M)
NORTHEAST CORNER
OF GOVT LOT 3
LS 13620
_S 89’55‘30’ W
69.00'T89.71’153.23'66.00’156.50' (M)
151.77' (R)
72.00*73.00'70.00*71.00'129.00'If UJ5LUTRAOTXcol^
jg 0.1cnCMp ACRESTpI t ^l54-4-(00)z CO
s or 29* 00’ E 21.10’-fiS.75L 71.05'_Z0.l^12-01.t N 89"54’42" WU3 Together with that part of Said Government Lot 3 described as follows:
Tract Y
Commencing at a found iron monument capped LS 13620 at the northeast corner of said
Government Lot 3; thence South 89 degrees 55 minutes 30 seconds West on an assumed
bearing along the north line of said Government Lot 3 a distance of 859.73 feet to the point of
beginning on the northerly extension of the westerly line of Parcel A as located in said Dinsmore
survey of metes and bounds tracts; thence North 89 degrees 55 minutes 30 seconds East along
the north line of said Government Lot 3 a distance of 348.23 feet to the intersection with the
northerly extension of the easterly line of Parcel B as located in said Dinsmore survey of metes
and bounds tracts; thence South 01 degrees 29 minutes 00 seconds East along the easterly line
of said Parcel B a distance of 111.68 feet to a found iron monument; thence continuing South 01
degrees 29 minutes 00 seconds East 21.10 feet to the centerline of a Township road known as
Beauty Shore Drive; thence South 81 degrees 03 minutes 42 seconds West along the centerline
of said Township road 158.96 feet to a found iron monument; thence South 74 degrees 56
minutes 53 seconds West along the centerline of said Township road 201.97 feet to the westerly
line of Parcel A as located in said Dinsmore survey of metes and bounds tracts; thence North 00
degrees 05 minutes 11 seconds East along the westerly line of said Parcel A a distance of
209.41 feet to the point of beginning; Containing 1.33 acres, more or less, subject to an easement
for Township road purposes and other easements of sight or record, if any.
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Together with that part of Said Government Lot 3 described as follows:
Tract Z
Commencing at a found iron monument capped LS 13620 at the northeast comer of said
Government Lot 3; thence South 89 degrees 55 minutes 30 seconds West on an assumed
bearing along the north line of said Government Lot 3 a distance of 859.73 feet to the intersection
with the northerly extension of the westerly line of Parcel A as located in said Dinsmore survey of
metes and bounds tracts; thence South 00 degrees 05 minutes 11 seconds West along the
westerly line of said Parcel A a distance of 209.41 feet to the point of beginning on the centerline
of a Township road known as Beauty Shore Drive; thence North 74 degrees 56 minutes 53
seconds East along the centeriine of said Township road 32.63 feet to the easterly line of the
westerly 31.4 feet of said Parcel A; thence South 00 degrees 06 minutes 05 seconds West along
the easterly line of the westerly 31.4 feet of said Parcel A a distance of 468.79 feet to a found iron
monument; thence continuing South 00 degrees 06 minutes 05 seconds West along the easteriy
line of the westerly 31.4 feet of said Parcel A a distance of 20 feet, more or less, to the shoreline
of West Battle Lake; thence southwesterly along the shoreline of said lake 32 feet, more or less,
to the intersection with a line bearing South 00 degrees 05 minutes 11 seconds West from the
point of beginning; thence North 00 degrees 05 minutes 11 seconds East 30 feet, more or less, to
a found iron monument; thence continuing North 00 degrees 05 minutes 11 seconds East 466.44
feet to the point of beginning Containing 0.36 acres, more or less, subject to an easement for
Township road purposes and other easements of sight or record, if any.
g
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I
100100 2000
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor
under the laws of the State of Minnesota.
t feetscale
LEGENDNOTE: METES & BOUNDS TRACTS A-H
FOUND MONUMENT
SET No. 5 REBAR WITH 1 1/4" PLASTIC CAP MARKED LS 44866
SET MANSONRY NAIL OVER FOUND MONUMENT
SET MANSONRY NAIL
PROPERTY BOUNDARY
ROAD RIGHT OF WAY
EXISTING TRACT LINE
~AS SHOWN ON A CERTIFICATE OF Michael L. FletchallSURVEY PREPARED BY DEAN S DINSMORE.O
LS No. 6174 AND DATED APRIL 24. 1965 44866
o Date License No.
A
rSurveyed & Platted by:SURVEY FOR;
PAUL HACKL
F0ei2022Proi- No.:
Ms: AUGUST 2008INTERSTATE
ENGINEERING Drawn By; HTE
Chocked By: MLF(21*
Page 1 of 1
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SCALE DRAWING FORM
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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, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
10/!%Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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Signature of Property Owner Date
BK — 0909 338.596 « Victor Lundeen Co., Primers • Fergus Falls, MN • 1-800-346-4870
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Structure(s);Ft2
Ft2Deck(s):
Ft2Driveway(s):
Patio(s):3 /9Lp Ft2
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
57 Z Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
.%X 100 =
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
Wayne Stein
Leon Bjerke <lbjerke@yahoo.com>
Thursday, April 19, 2012 12:22 PM
Wayne Stein
Variance hearing, Thursday May 3rd.
From:
Sent:
To:
Subject:
We do not have an objection to the variance requested by Craig and Kathy Hanson for the property at 24276
Beauty Shore Drive.
Leon and Mary Bjerke
41038 Beauty Shore Trail
Battle Lake, MN 56515
1
Richard C. Edmonds
24284 Beauty Shore Dr.
Battle Lake, MN 56515
(218) 864-8496
Email: d3dmonds@arvia.net
LAN’;.
April 25, 2012
Otter Tail County Board of Adjustment
Land & Resources Management
540 Fir Avenue W.
Fergus Falls, MN 56537
Re: Variance Hearing May 3, 2012
Property Address:
24276 Beauty Shore Dr.
West Battle Lake
Owners:
Craig & Kathy Hanson
Gentlemen;
I am Richard Edmonds and my permanent residence is located immediately adjacent to
the subject property on the East. The property line is 12 feet from the West wall of my home. As
you know, the subject property is only 31 feet wide, has been declared unbuildable and a previous
attempt to have it declared buildable by a previous owner was denied by this board on October 4,
2007. Just for your information, I purchased my property December 3, 1971 and have been
fighting over the use of the subject 31 feet ever since. That is over 40 years and at my present
age of 77, represents over half my life. I am getting tired.
Then we got lucky. About 3 yeas ago the property was purchased by the Hanson’s. They
are the first owners of the subject property who are more interested in using and enjoying the
property than in attempting to circumvent the “Shoreland Management Ordinance” so as to
maximize a financial return upon sale. The Hanson’s have been considerate neighbors and have
been willing to consult with us and their other neighbors as to their plans. While we may not
always totally agree on things, we can always count on a fair discussion.
Recently, the Hanson’s approached me (and others) to tell me of and explain the reasons
for this variance request. As I understand it, they need to have some sort of restroom and
changing facility, a not unreasonable request. Land and Resources had suggested a serviced
Porta-potty which Hanson felt was just plain ugly and I agreed. He was suggesting some sort of
wheeled RCU to serve the purpose. I felt the suggested RCU was even taller and more visually
intrusive than the Porta-potty and suggested something along the lines of a collapsible camper.
He has pursued the idea and has identified a unit that collapses to under six feet in height when
not in use. We both feel that this is the best approach to provide the needed facilities with the
least intrusion on the neighbors.
While I am confident that the Hanson’s would not take any actions that would seriously
impact our property or neighborhood, I cannot be so sure of any subsequent owner. Although the
Hanson’s have expressed the intent of being long term owners and users of the property, 77
years of life experience have taught me to expect the unexpected and to plan accordingly.
Therefore, I feel that if the board grants the variance, it should attach certain conditions as follows:
1. A limit on the usage, prohibiting it’s use as an over night sleeping facility and requiring
the unit be collapsed to it’s lowest height when the property is not in use. The
Hanson’s have told me they have no intent or desire to use it over night so this should
not cause any hardship.
2. A setback line or limit that would prohibit placing the unit forward of a stringline
stretched between the back (North) wall of the enclosed livable space of my home and
that of the neighbor (Erickson) on the other side of the property. A set of stakes
placed on the lot, I believe by Land & Resource, indicate that the 125 feet from
Ordinary High Water Level, as shown on the application, does exactly that.
3. Limit on the size of the RCU. This poses a more difficult problem. The stakes placed
on the lot indicate a space 11 feet in width and 36 feet long. I believe that is entirely
too large. I do not believe Hanson intends to use that much space and that the width
indicated by the stakes is, in fact, the maximum distance between the side setback
lines and the length (36 ft.) is the maximum RCU area (399 sq.ft.) divided by the width
(lift.).
I would suggest a width limit for the unit (fully extended) of 8 feet which, I believe, is
the maximum width permitted on the highways for trailers without a special permit. For
the stated limited purpose of providing restroom and changing facilities, I cannot
envision a need for side extensions.
The maximum length is a problem. The unit Mr. Hanson is looking at is (was)
manufactured by Hi Lo who went out of business during the recent recession. Thus,
he will be seeking a unit on the used market. One of the units they made was the
model 15T which is 15 feet long including approx. 4 ft. of tongue. There is no
guarantee he will be able to find one. Therefore, I suggest a length limit of 20 feet.
The manufacturer made three models in the 15 to 20 ft. range (15’, 17’, & 19’ inclusive
of tongue). He should be able to find a unit within that range. The next size up is a
much heavier, tandem axel model.
I repeat, I suggest these limits not to limit the Hanson’s, who I do not believe need them. I
suggest them because of whomever may follow in ownership. Provided the suggested limits are
included, I support the Hanson’s application for the variance.
Sincerely,
Richard C. Edmonds
f'CANMr
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
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:
Craig and Kathy Hanson
17990 County Highway 82
Fergus Falls. MN 56537
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, May 3, 2012 at 7:30 p.m.5
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,
Property Address - 24276 Beauty Shore Drive
Section 19, Township 133, Range 39 - Township Name - Girard
Lake No. 56-239, Lake Name - West Battle, Class - GD
The variance requested is -
the following: We are requesting a variance to make a substandard unbuildable lot recorded December 3,1971 to be
declared buildable only for the purpose of placement of an RCU on our riparian lot on West Battle Lake.
“Wayne Stein
Board of Adjustment Secretary
Date: April 13, 2012
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 17th, day of April, 2012 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Craig I and Katherine M Hanson, 17990 County Highway 82, Fergus Falls, MN 56537 7725
Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515
West Battle Lake Assoc., % Blaine Larson, 38323 Front St, 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 1st 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
Marion Gill, 40122 Aerovilla 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, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: April 17th, 2012
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
<
ELWIN F & RUTH H CRANDALL
24288 BEAUTY SHORE DR
BATTLE LAKE MN 56515 9671
CLIFFORD M & MARY A CLAUSON
22 14TH AVE SW
NEW BRIGHTON MN 55112 3433
LEON A & MARY J BJERKE
41038 BEAUTY SHORE TRL
BATTLE LAKE MN 56515 9604
RICHARD C EDMONDS TST
24284 BEAUTY SHORE DR
BATTLE LAKE MN 56515 9671
PATRICIA M ERICKSON
24242 BEAUTY SHORE DR
BATTLE LAKE MN 56515 9671
ROBERT ECKDALE
1333 HIGH POINT RDN
MIDDLETON Wl 53562 3679
CRAIG I & KATHERINE M HANSON
17990 COUNTY HIGHWAY 82
FERGUS FALLS MN 56537 7725
KEITH K & ELIZABETH A KELLER
5107 44TH ST W
EDINA MN 55436 1503
PATRICK W FOSS
13525 295TH ST
LINDSTROMMN 55045 9366
JOHN F & LAURA S LOCHER
3518 HEATHERRIDGE DR NE
CEDAR RAPIDS lA 52402 7614
JUDY K PAULSON ET AL
2155 SHEVLINDR
WAYZATA MN 55391 9373
J ELAINE KIENITZ
110 BANK ST SE APT 605
MINNEAPOLIS MN 55414 3903
DALE & PATRICIA RUEHLE
24346 BEAUTY SHORE DR
BATTLE LAKE MN 56515 9671
DALE M VITALIS
24336 BEAUTY SHORE DR
BATTLE LAKE MN 56515 9671
DAVID & BONNIE PFEFFER
36813 SILVER LAKE RD S
BATTLE LAKE MN 56515 9107
PHYLLIS J ZENDER TST
128 VENTANA WAY
VENICE FL 34292 3143
SUSAN M VITALIS
24354 BEAUTY SHORE DR
BATTLE LAKE MN 56515 9671
•sisr;!&
May 3, 2012
Page # 4
Richard and Patricia Hoganson - Denied the road right-of-way and impervious surface variances as
requested and approved with a condition the work completed within the
bluff impact zone (7:42 p.m.)
Richard and Patricia Hoganson, Lot 68 Block 3 Crystal Hills, requested the following: Fence/retaining wall and stone
steps placed in bluff impact zone; topography modifications with fill, less than 20 cubic yards. Vision obstructing fence
placed within the 20’ setback for road right-of-way. Construct a slit basin to increase the allowable impervious surface
by 4.8%. The audience was polled with Jim Fletcher speaking for the variance as requested. After consideration and
disoussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried to deny the
impervious surface variance as requested by the applicants as no adequate practical difficulty/hardship had been
shown that would allow for the granting of the variance as requested and the applicants were aware of the ordinance
requirement that limits impervious surface coverage to 25% of the total eligible lot area. After additional discussion
and consideration, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the
road right-of-way variance as requested for the vision obstructing fence as the granting of this request would establish
precedence as no other properties within this immediate area have structures within the required 20’ setback area
from the road right-of-way. After additional discussion and consideration, Steve Schierer made a motion, seconded
by Michael Harris and unanimously carried, to allow that portion of the fence/retaining wall and that portion of the
stone steps located within the bluff impact zone to remain within the bluff impact zone with the condition that the
applicants must obtain a conditional use permit from the Planning Commission. The variance allowing the
fence/retaining wall and the stone steps to remain in the bluff impact zone is only granted if the applicants can
successfully obtain a conditional use permit. Concern regarding the work that had already been done within the bluff
impact zone was expressed; however, concern was also expressed regarding the damage that might occur if the
applicants were required to remove the stone steps. The Board noted that a reasonable use of the applicants'
property could have been obtained by complying with the requirements of the ordinance.
Randall Mann, Chair excused himself from the balance of the meeting upon completion of the above hearing.
^^^pf^ig and Kathy Hanson - Approved as requested with conditions. (8:17 p.m.)
Craig and Kathy Hanson, part of Government Lot 3, Section 19 of Girard Township by West Battle Lake, requested
the following: We are requesting a variance to make a substandard unbuildable lot recorded December 3, 1971 to be
declared buildable only for the purpose of placement of an RCU on our riparian lot on West Battle Lake. (From
Additional Sheet-We are requesting a variance to make a substandard unbuildable lot recorded 12-3-1971 to be
declared buildable only for the purpose of placement of an RCU on our riparian lot on West Battle Lake. The purpose
of placing the RCU here addresses the hardship that exists due to a lack of privacy for changing clothes, no bathroom
facilities and to provide shelter from inclement weather. The RCU would be setback approximately 125’ from the lake,
further back than neighboring homes and would blend in with the surroundings. The RCU would meet all setback
requirements, have no sewer or water connections and would only be used during the boating season each year. The
RUC would be of a moveable nature as we have no intention to ever build anything on this lot.) The audience was
polled with no one speaking for or against the variance as requested. An email from Leon and Mary Bjerke in support
of the variance as requested was read for the record. A letter from Richard Edmonds in support of the variance as
requested with specific conditions was read for the record. After consideration and discussion, Mr. Edmonds stated
that he was withdrawing his letter of support because of the unwillingness of the Board to place the conditions outline
in his letter on their approval. After additional discussion and consideration, Thomas Lee made a motion, seconded
by Marion Gill and unanimously carried, to approve the variance as requested/described in the variance application
dated April 12, 2012 with the following conditions: 1.) the RCU must be placed at least 125’ from the ordinary high
water level, 2.) the RCU cannot exceed 399 square feet in area and 3.) the granting of the variance as approved does
not directly or indirectly grant any other variances for future development or for the placement of the proposed RCU
on this property.