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Home My WebLink About29000340239001_Variances_06-05-2008Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thatthis instrument # 1 was filed/recorded in this office for reo^ on the dav of xJg/l c 2008 atM^n^m Wend^. MeU^, Coimty Recorder ■% 1040172 Deputy .recording fee well certificate3 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 o “370 -Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date G eeem DAYTIME PHONE ypQ PROPERTY OWNER MAILING ADDRESS LAKE NUMBER S~(e "IJR LAKE NAME SECTION 3 ^ TOWNSHIP 133 RANGE EAST SAtTL^:LAKE CLASS G ijeA/ec>TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER 2^ OOP q^J?qo/(iLAck^S-Ack: \>/p LEGAL DESCRIPTION BQ JZ-ao'c^ nS-y.S'S-'-h jL X. 9^ Ac/e^E- r^Acr /a> clL G 7?. ? ajE co/e TYPE OF VARIANCE REQUESTED (Please Check) Subdivision Cluster Misc.Sewage SystemStructure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. flE<^u<Tsr A \Jk7^iA^c& of /oo' /A^ o/eoEE fCao T o \j E/C 6- fxidF oE A ErFi^r//^G (3AJS//0, OHUjL ■_________________ setback;oE ^ o' otiujL EealAcE^Auc^ e^r uj//j^suLArio>^ 3Ack3 /SE C? 7~o^ C~ is A is {^tTiO/^ A T> OI J-/ o UJ A ^ Uj! >- 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. SIGNATURE OF,€OPE DATEERTY OWNER / AGENT FOR OWNER PPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) . a '7.01^ <^oo3r TimeDate Of Hearing -MJXSQ. ( Motion Thomas Greenagel - Approved the variance as requested. (7:06 p.m.) After consideration and discussion, Steve Schierer made a motion, second by Joe Maske and unanimously carried, to approve the proposed development as described in the variance application dated April 17, 2008 and as depicted on the drawing submitted with the variance application. It was noted that none of the proposed development is ahead of the existing development. Cfrairman/Otter Tail County Board of Adjustrnent Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329.512 - Vidor Lundeen Company, Fergus Falls. Minnesota i' .' P An undivided one-sixth (1/6) interest in and to the following tract of land, to-wit: All of the East 200.00 feet of Government Lot One (1) in Section Thirty-four (34), Township One Hundred Thirty-three (133), Range Thirty-nine (39), Otter Tail County, Minnesota, containing 5.31 acres, more or less. as shown by instrument dated January 6, 1986, filed January 15,1986, and recorded in the office of the County Recorder, Otter Tail County, Minnesota, as Document No. 645211. AND that said decedent on date of death was an owner as a joint tenant of the land legally described as follows: Part of Government Lot One (1) in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, Otter Tail County, Minnesota, described as follows: Commencing at the Northeast comer of said Section 34; thence North 89 degrees 56 minutes 10 seconds West 200.00 feet along the North section line thereof; thence South 2507.50 feet mnning parallel with and 200.00 feet West of the East line of said Section 34; thence South 71 degress 26 minutes 00 seconds West 169.90 feet; thence South 56 degrees 40 minutes 00 seconds West 340.00 feet to the point of beginning; thence South 56 degrees 40 minutes 00 seconds West 170.00 feet along the edge of East Battle Lake; thence North 33 degrees 20 minutes 00 seconds West 682.10 feet; thence South 89 degrees 10 minutes 00 seconds East 245.68 feet; thence South 29 degrees 50 minutes 00 seconds East 545.15 feet to the point of beginning, (containing 2.71 acres more or less). Otter Tail County, Minnesota, -AND- Part of Government Lot One (1) in Section Thirty-four (34), Township One Hundred Thirty-three (133) North, Range Thirty-nine (39) West, Otter Tail County, Minnesota, described as follows: Commencing at the Northeast comer of said Section 34; thence North 89 degrees 56 minutes 10 seconds West 200.00 feet along the North section line thereof; thence South 2507.50 feet running parallel with and 200.00 feet West of the East line of said Section 34; thence South 71 degrees 26 minutes 00 seconds West 169.90 feet; thence South 56 degrees 40 minutes 00 seconds West 510.00 feet to the point of beginning; thence South 45 degrees 40 minutes 00 seconds West 170.00 feet along the edge of East Battle Lake; thence North 33 degrees 05 minutes 26 seconds West 825.40 feet; thence South 89 degrees 10 minutes 00 seconds East 197.46 feet; thence South 33 degrees 20 minutes 00 seconds E2ist 682.10 feet to the point of beginning, (containing 2.92 acres more or less. Otter Tail County, Minnesota). as shown by instmment dated December 29, 1978, filed January 12, 1979, and recorded in the office of the County Recorder, Otter Tail County, Minnesota, in Book 504 of Deeds page 159 or as Document No. 573215. AND that said decedent on date of death was an owner as a joint tenant of the land legMly described as follows: An undivided one-half (1/2) interest in and to the following tract of land, to- wit: 3 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 5, 2008 The Otter Tail County Board of Adjustment met Thursday, June 5, 2008, with the following persons in attendance; Randall Mann Carl Zick Paul Larson Steve Schierer Chris Stuber, Assistant County Attorney Scott Ellingson, Land and Resource Management Michael Harris Joe Maske 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 May 1, 2008 meeting as mailed. The Board of Adjustment considered the following applications for variance: Jason Tester - Denied/Motion Withdrawn/Tabled (6:30 p.m.) Jason Tester, Lot 15 and part of Lot 16 Bowery Beach, Pelican Lake in Dunn Township, requested the following: Requesting general building line setback from ordinary high water level. Lot is to shallow to move back behind the shore impact zone of 37' 6”. Setback will be approximately 25' behind the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. Andrea and Jody Arneson appeared with the applicant at the public hearing. A letter from Eulyn M. Feist opposing the variance as requested was read for the record. Also, an unsigned letter was noted for the record, but was not read as the contents did not provide any significant information for the decision making process. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried with Paul Larson and Carl Zick voting no, to deny the variance as requested as there are other options available that would keep the proposed structure out of the shore impact zone and the development as proposed, which does not depict a driveway or parking area, will result in impervious surface coverage greater than the allowable 25%. After additional discussion, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to rescind and withdraw the previous motion to deny. After additional discussion and consideration, Randall Mann made a motion, second by Michael Harris and unanimously carried, to table with the verbal permission of the applicant, this variance application hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other alternatives, to review the driveway/parking area requirements with the Land and Resource Department and to determine what impact those requirements will have on the impervious surface calculation. Keith and Doris Kosse - Approved the variance application as modified. (6:55 p.m.) Keith and Doris Kosse, Lot 17 Viken Bay Beach, Pelican Lake in Dunn Township, requested the following: Current lot impervious coverage is at approximately 49%. The proposal is to remove about 765 square feet of impervious to construct s single stall garage. This change will result in approximately 39% impervious coverage. This request is seeking a variance of 14% difference from the desired 25% coverage. 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 Paul Larson and unanimously carried, to approve the proposed development with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It was noted that it would be a significant improvement if the applicant could reduce the overall impervious surfaces to 30%. The proposed development is reasonable and the variance as approved will benefit the lake by reducing the overall impervious surface area, which will reduce the runoff into the lake and will provide the applicants with a reasonable use of their property. Thomas Greenagel - Approved the variance as requested. (7:06 p.m.) Thomas Greenagel, part of Government Lot 1, Section 34 of Girard Township by East Battle Lake, requested the following: Request a variance of 20' from the required ordinary high water level setback of 100' in order to replace and augment with insulation roof over existing dwelling and to “tie-in" roof of a proposed addition behind (on back) existing cabin . Addition walls will be 104' from the ordinary high water level. Diane Greenagel appeared with the applicant at the public hearing. 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 Joe Maske and unanimously carried, to approve the proposed development as described in the variance application dated April 17, 2008 and as depicted on the drawing submitted with the variance application. 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Pm IS-H :£50513 JH3 m r>5:Tg^'T A.ir j.^-t ij¥M ■Mi'St?' ns31^1mK 33mFO:. e?r i *■•xh'3S33:-E*rw 3 i Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir 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 scheduled hearing. To Whom It May Concern: Thomas Greenagel 43844 Blackjack Drive Henning, MN 56551 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, June 5, 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 2.92 acre tract in Government Lot 1, Property Address - 43844 Blackjack Drive Section 34, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - the following: Request a variance of 20’ from the required ordinary high water level setback of 100' in order to replace and augment with insulation roof over existing dwelling and to “tie-in” roof of a proposed addition behind (on back) existing cabin . Addition walls will be 104’ from the ordinary high water level. Wayne Stein Board of Adjustment Secretary Date: May 16, 2008 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 19th, day of May, 2008 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Thomas J Greenagel, 43844 Blackjack Dr, Henning, MN 56551 9477 Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 East Battle Lake Assoc., % Allen Leo Koep, 24426 Liberty Dr, Henning, MN 56551 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 Joe Maske, 14833 Lake Olaf RD S, Pelican Rapids, MN 56572 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: May 19th, 2008 Wayne Stein, Secretary Otter Tail County Board of A^stment By: Vl C(\ cb>- Vi Manderud