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Home My WebLink About29000990362000_Variances_09-14-2006Variances Barcode 128 1017138 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thafl 0171 IS this instrument # was filed/recorded in this office h —day of ^-JTOiZ_?007ati^m/O ■=J-well certificate U.t^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER Qq- l^'ObAPPLICATION 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 Application Fee 9.I17I0L COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONEPROPERTY OWNER c^s^tle -trl. /h/v"MAILING ADDRESS £Asrn ATTLc^EHLAKE NUMBER ~/38 LAKE NAME LAKE CLASS .0.6 23.G./JJSECTION TOWNSHIP RANGE TOWNSHIP NAME E-911 ADDRESS PARCEL NUMBER r33S'JVCfisrLE 7^_S19-CCO ■ 9^-a:5(hz -occ LEGAL DESCRIPTION/" / 3 ^ 7^ V'csxccH'Lj rc30x\ To /y /L/ATci-et^ '^AfUc l>yWySf^o^ TYPE OF VARIANCE REQUESTED (Please Check) XStructure Setback Structure Size Sewage System Subdivision Ciuster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ■ , tIT propoje 7^ lV r/K cx C’^25as>v,e oA/e clxtU^ U_tr Ccj J j r<2eylirxCj t/arKAACC a / 74^ -Pr^CnHA 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. sfcTiATURE OFPRi ITY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) SCA!"' -7^Lk<L^/V TimeDate Of Hearing 1. V /vnrMotion David Nyhus - Approved development as presented on the modified drawing with a condition. (9:22 p.m.) April 5, 2007 meeting - After consideration and discussion, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ for the proposed new two story addition as depicted on the drawing submitted at the public hearing on April 5, 2007 and for a second story addition over the existing garage area being no closer to the ordinary high water level than 50’ with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. It should be noted that the variance as approve does not allow for any new development within the shore impact zone. It should be noted that the variance as approved will keep the new development out of the shore impact zone. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) ^Imlm No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0106-001 V. Lundeen 324855 > April 5, 2007 Page # 6 l^avid Nyhus - Approved development as presented on the modified drawing with a condition. ^ (9:22 p.m.) David Nyhus, Lots 13 and 14 Linden Park, East Battle Lake in Girard Township, requested the following: I propose to construct (1) 22’ by 34’ addition with a 10’ by 8’ entry, (2) 24’ by 40’ second story addition to , existing dwelling and (3) 24’ by 40’ second story addition to existing garage (to become one structure). The closest addition will be 24’ form the ordinary high water level. Requesting a variance of 76’ from the required ordinary high water level setback of 100’ for the development as proposed above. Project timeline is over the course of approximately three years. September 14, 2006 Meeting - 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 Randall Mann and unanimously carried, to table, per the request of the applicant, this variance hearing until the October 5, 2006 Board of Adjustment meeting. The applicant requested this action prior to the September 14, 2006 meeting and indicated that he would submit a written request for the file. October 5, 2006 Meeting - Prior to the meeting Thomas A. Gedde, Attorney for David Nyhus, submitted a letter requesting that the hearing be tabled until the November 2, 2006 meeting. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to table, per the request of the applicant’s attorney, this variance application hearing until the November 2, 2006 meeting of the Board of Adjustment. November 2, 2006 Meeting - The applicant did not attend the November 2, 2006 meeting. After discussion and consideration, motion was made by Steve Schierer second by Michael Harris and unanimously carried, to deny the variance as requested unless the applicant submits, on or before November 16, 2006, a letter granting the Board authority to table the applicant’s request for consideration until the December 2006 meeting of the Board of Adjustment. Secretary’s Note - On Friday, November 3, 2006 the applicant submitted an email authorizing the Board to table his request until the December meeting of the Board of Adjustment. December 6, 2006 meeting - Thomas A. Gedde, Attorney, appeared with the applicants at the public hearing. Mr. Gedde presented a ; letter and a packet containing a number of pictures to help explain the requested variance. Mr. Gedde noted that approving the variance as requested would provide the applicant with a reasonable use of his property and would allow the applicant the ability to enjoy the same rights and privileges as others in this immediate area. The Board expressed concerns with impervious surface coverage, the location of the proposed development within the shore impact zone, the placement of the proposed development ahead of the existing building line, the proposed upper level and the location of a new septic system should the current system fail. After considerable discussion and consideration, Steve Schierer made a motion, second by Michael Harris and carried with James Arno abstaining, to table, with the applicant’s verbal permission, this variance application until the next scheduled meeting of the Board of Adjustment to allow the applicant an opportunity to consider the Board’s concerns and to reconsider his proposed development in light of those concerns. January 4, 2007 meeting - Per the applicant’s emailed request, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to table this variance application hearing until the spring of 2007 April 5, 2007 meeting - After consideration and discussion, Steve Schierer made a motion, second by Carl Zick and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ for the proposed new two story addition as depicted on the drawing submitted at the public hearing on April 5, 2007 and for a second story addition over the existing garage area being no closer to the ordinary high water level than 50’ with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. It should be noted that the variance as approve does not allow for any new development within the shore impact zone. It should be noted that the variance as approved will keep the new development out of the shore impact zone. With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:37 p.m. Wayne wtein, S^retaryPrepared by: The minutes were mailed on, Monday April 9, 2007 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at the Thursday, May 3, 2007 Board of Adjustment meeting.scAs::::0 Ko.-o' VAc/W^ •oO. t£>' LoT*-'H iO •^oi S^-Pt ^Ici J_ dr\JVOv>-S fr NVHU5^1 2.V% l-;,J W. T*S. - ^ j ^2-V' CO V. N >< '9 - • »•Vji 1^ pl^pC’'5ED ADD; 'i THOMAS A. GEDDE ATTORNEY AT LAW TKMOl>II()NK: 18-8(54-5552 FA('S1MII>K: 218-8(54-00:57 M011IIJ-: I’llONE: (512-8(57-5(510 KMAII>: T<)M(;KI)l)l<5(aAKVl(;i.NET 28450 I5AIAIOKA1. DKIVK HATTFK I.AKE. MINNESOTA 5(5515-0(500 Wednes(iay, December 06, 2006 Otter Tail County Board of Adjustment Otter Tail County Government Center Re; Nyhus Request for Variance Dear Board Members: Applicants Dave and Roxanne Nyhus live with their three children ages 4, 4, and 7 on the west side of east Battle Lake, at 23534 Castle Trail, construction. Wadena. family very much want to remain in the neighborhood, home desperately needs expansion and renovation. Dave is a stay at home Dad and works part time in Roxanne is a full time elementary teacher in Dave has lived in the neighborhood and he and his But their East Battle Lake is classified as a Recreational Development Lake. Nyhus home is closer to the water and is thus a "non conforming use." Code requires a 100-foot setback from the OHWM, and the Since a non=conforming use may not be expanded without a variance, Dave and Roxanne are here this evening to ask for your permission to expand and improve their home. Specifically, they are asking that they be allowed to add a second story to the existing house and garage, and to build a family room that would connect the house and the garage. Obviously the footprint of the house and the garage would not change, but they may need a variance to expand an existing non- conforming use. Also, an additional footprint would be added for the family room, requiring a setback variance. Dave and Roxanne believe that without the granting of this ordinance they are denied reasonable use of the property because it is in need of modernization and expansion and without the Page 1 of 2 THOMAS A. GEODEA^nX>KNEY AT EA\\ variance, the only practical solution would be to tear down the existing improvements and start from scratch, which would be very expensive. Moreover, the granting of a variance to allow expansion and modernization would be consistent with the development in the neighborhood, where virtually all the homes are well within the setback.I have several photos which were taken today which show neighboring homes. I want to emphasize that Dave and Roxanne have looked hard at ways to minimize the variance request, but if you have suggestions, they would certainly listen to them. Thank you for your attention to this matter. Yours truly. Thomas A. Gedde J ......:il • IiI(l7/.¥)• S \I•?I !I■« 1 i-!'I*Qi:.«0 7Qft s, c ' Q .^•^<^'21J I .4 ■ V <nI\i^1 (/• %^17SJiI J.. , ^ C£; <?. s ^r ^ !<■ iI(Ii {/7^:>)•-jj u . M(ns.T) ' tMI A* o'VI *5N:I' I :..'i^r" 4.1*4..i, k..I fi■..} ‘= .. /\-•111 : /I i I !I• :IJr r!■ii ( N /ii’I ,Ci>•;f, 'N'v/$ nN'(/73.ir;> I >nT"(I >* II^---s fl\//2 I: ■• XI1 i Ml (171.3)I1i“T------^»^?32T7/ !t ^I II U3 /S> >;C j /3<ij. 62 'I :f I £<4 i'S <;\I Ji ^ii “II'S T'I/■Jft Ii'w ||.'IV-/ > 0) Ci fcKl IRa I•. 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L.o f~ -,0^'H-,r"t,#1 8S'■ ■■ :.t-.-.....■ ...J •1 ■ ■'■f ( . .0 V '-;: ...‘ s'17 i)Y?:''•0,(f r's.'9/;/-■y"v"3r r-i ' \ Un:STL£R o,ii m i •' - \15^14 A :o4v->'*,*'■’0) ^IV' 'Mi 0 Y 1* C,KJO , rii. 1/. /*t>ir:* Li.O t* <5^ t- V.-4P^ V ,\> Nr'^-V 4 /.VX>*'- r.- I ' ,V7 ■: Lt A wmun-•• 'i0] r^. 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 must be present at the scheduled hearing. To Whom It May Concern: David Nyhus 23534 Castle TrI 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, September 14, 2006 at 8:30 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 speciai accommodations shouid contact the County Auditor’s office prior to the date of the pubiic hearing. The property concerned in the application is legally described as Lots 13 and 14, Linden Park, Property Address - 23534 Castie TrI. Section 26, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - the following; I propose to construct (1) 22’ by 34’ addition with a 10’ by 8’ entry, (2) 24’ by 40’ second story addition to existing dwelling and (3) 24' by 40’ second story addition to existing garage (to become one structure). The closest addition will be 24’ form the ordinary high water level. Requesting a variance of 76’ from the required ordinary high water level setback of 100’ for the development as proposed above. Project timeline is over the course of approximately three years. Wayne Stein Board of Adjustment Secretary Date: August 18, 2006 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 21st, day of August, 2006 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: David Nyhus, 23534 Castle TrI, Henning, Mn 56551 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, 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: August 21, 2006 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ^ scm& - ^9' o;h(^o ? - OOP*'I Tax parcel Number(s) Drawing must be to scale. Drawing shall identify project and inciude the setbacks to all of the existing and proposed lotlines, road right-of-way(s), ordinary high water level(s), structure(s), septice tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. C u. T r «. ^ Z T- ®/Cl pfopgscx'rl *-> */ i - ■tors %Scale Impervious Surface 30'<^-^PrTP/VTv4 I/6.5 ■S’C./o L.OT ^ iH ScD, fo f/g. Vi. UOT •T tv9^tr*xl3 S?V"'o» N b■/ /2'3" r\>to I 1,0-: _\■/d'IMt'J -±z=:rS'i"/S‘ V <Ix4' (I 1 IUifl-T-\2 tI‘J (; \ |vP 3*i'-Ca itA IiTt"- 5 CA 7 ;iT-ofO P-^ i 1 L I <5I't'C ! 1i '4^, ^Srh rJ.,/, tv 9S-clO"i'Ou l-t 1-T E/t5-T 'bPnVLz L/\'^~■E g^/?-o6Datelerty Owner BK — 0505 322.180 • ViclOf Lundeen Co. Pi Diets • Fergus Fs'ls. MN • 1-800-346-4870