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Home My WebLink About29000990448000_Variances_05-12-2016Variances 2 Barcode 128 1174433 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 05/18/2016 10:05 AM RECEIVED APR 15 I^D*F?fi80URCE C.T3 OOco CO .— un FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N ---=)Q •o « •X 'OO -/UjLaR Initial OB'l'Z-lW 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 Application Fee ^ OQ Receipt Number ’VV Pf.kr' KCOMPLETE THIS APPLICATION IN BLACK INK fPfi uAmu ‘^jiAccepted By / Date 7 ^ /if n? 0^0 Ccp^PROPERTY OWNER DAYTIME PHONE CS^3(/(C A*/'MAILING ADDRESS c<c\.f <nLAKE NUMBER LAKE CLASSLAKE NAME L^. <' ir^ rJTOWNSHIP__ e> «Sc> c( odu 0 ijif^ g o i H C -/Ttf C'6 SECTION RANGE TOWNSHIP NAME i'1/,/Ltvui . MfO 5t^Sk'V PARCEL NUMBER E-911 ADDRESS LEGALDES^iPrioN frc^ / ■/^ MrA' •- Py. {(. n /7 /fLc-ls TYPE OF VARIANCE REQUESTED (Please Check) -)d Subdivision Cluster WECS Misc.Structure Setback Structure Size Sewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 1 We are asking for a variance from the required 100 foot setback to replace a structurally deficient cabin. The current cabin is 40 feet from the high water line (as measured by a land and resource site inspection) and we would replace it in the current footprint. 2. In addition we want to replace a boat house that is also structurally deficient with a new boat house. It will be "built as is" with the exception that it will be moved approximately 2 feet to the east as the current boathouse crosses several inches on to the neighboring property. 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 & RESOURCE MANAGEMENT ^GARDING THIS MATTER. ^ 'jy— I'L SIGNATURE OF PROPERTY OWNER / AGENT F^jRtlV^NtR' j T DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Victor LumJeen Co , Printers • Fergus Falls. Minnesota I/I [)o<^' h flu. ^ !>i^ ^c>‘)^j' <5 ih ^V §u^ CJ./^ /i^ If ^ fujif //C L. (nc,aUlJ 'I b-Uir ub)60 ^ jk^.(jL^ <6\ ^•y’-f'' 3o.h tOf' A/2>^ -//('< --t'f' 'I'Or^ zZh^TimeDate Of Hearing Motion Peter Knapp and Colleen Obrien - Variance application approved as requested with a condition. (7:05 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 100’ for the replacement of a structurally deficient cabin 40’ from the ordinary high water level as depicted on the drawing submitted with the variance application and to approve the variances necessary to replace a structurally deficient boathouse with a new boathouse being at least 10’ from the lot line, at least 2’ back from the ordinary high water level (out of the water), at least 2’ shorter than the existing boathouse and having an overall height of 10’ or less. The variances as approved do not directly or indirectly grant any other variances for the proposed development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management i Yes (Contact Land & Resource Management) No /ICopy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 iSite Notes 'I 1. Verify conditions noted CkS existing ond notify orchitect immediotely of any discrepor^cies. 2. See mechonlcol and electrical for roof penetrations. 3. Provide crickets os necessary to provide drainoge oround roof penetrations. NOTE: Site plan compiled from registered lond survey and site measurements ond does not represent a certified land survey. 1/2 SIZE NOT Fofl CONSTRUCTION /'iySite------^ r = 20'-o" Site PlanEHEL^EF LIVE BL I r£R I KnappRevisionsPhoseIssue Dote Project number 15067 Eost Bottle Loke Ottertoil County, MN No.Description Issue Dote F^oject Status 05/09/11 Drown by Author RCGISTtR. «0.11 2 2 9 Tyler Street NE Minneopolis, MN 6 1 2 Studio 202 55413 4 0 8 1 Checked by Checker 8 7 0 Owner MARK & MICHAEL BOGART 7114TH AVE PO BOX 37 MILNOR, ND 58060 37 LEON C BO EH LAND TST 43731 220TH ST VINING, MN 56588 9512 PHYLLIS J ANDERSON ' 1920 COUNTY ROAD 23 LYONS, NE 68038 5041 1, RICKIE C& BARBARA J DAVIS PO BOX 26 BOONE, lA 50036 26 REBECCA J CHURCH 10353 COUNTY ROAD 14 NE I^ILTONA, MN 56354 8203 ■ MARILYN M BUCK : 625 EAST 200 S : TIPTON, IN 46072 ! !WILLIAM J & JULIE R GASS PO BOX 254 BIRD ISLAND, MN 55310 254 ; ROGER A 8i FERN R FELDMAN 1107 OAKDALE AVE WEST SAINT PAUL, MN 55118 1509 KENNETH V & COLLEEN FENNER 613 W DARWIN ST iJlTCHFIELD, MN 55355 2711 THOMAS C JOHNSON TSTEE 1909 L ST AUBURN, NE 68305 2334 SAM JOHNSON ETAL 43701 220TH ST VINING, MN 56588 9512 ; KEVIN W GILBERT I 2414 SPURGEON AVE : REDONDO BEACH, CA 90278 15271 I RODNEY L& SHEILA I KANN 43580 220TH ST GLITHERALL, MN 56524 9660 PETER KNAPP & COLLEEN OBRIEN 7368 NIAGARA LN N MAPLE GROVE, MN 55311 2655 JAMES JUSTIN SR 43665 220TH ST VINING, MN 56588 9512 I: GLARE S SMALL MANION 2200 MIDLAND GROVE RD jpT 201 ROSEVILLE, MN 55113 3838 ; SUSAN L LARSON ET AL PO BOX 793 ; NEBRASKA CITY, NE 68410 793 JACKLMENIER 393 STRYKER AVE SAINT PAUL, MN 55107 1187 DOUGLAS & BARBARA POUSH 17830 179TH TRLW LAKEVILLE, MN 55044 5205 ' GREGORY M & ROXANNE MIKKELSON 13649 ELKWOOD DR APPLE VALLEY, MN 55124 8773 DOUGLAS F ORTLOFF 43529 220TH ST GLITHERALL, MN 56524 9660 MARVIN A WRIGHT ETAL 4061 85TH AVE NE SHOREVIEW, MN 55126 1187 JOHN B STONE TST 8300 HILLTOP DR POLAND, OH 44514 2985 . KENNETH P RUST 4343 37TH AVE S FARGO, ND 58104 7560 r Notice of Hearing for Variance J otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us OTTER TAILeaeafr-Biaa-iiet* Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: PETER KNAPP & COLLEEN OBRIEN 7368 NIAGARA LN N MAPLE GROVE MN 55311-2655 has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail i County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment vvill assemble for this hearing on Thursday, May 12, 2016 at 7:00 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. ; I, The property concerned in the app ication is legally described as Lots 14 through 19 Thomas Addition to Nirvana, Property Address - 22080 Nirvana TrI. Section 34, Township 133, Range 39 - Township Name - Girard Lake No. 56-138, Lake Name - East Battle, Class - RD The variance requested is - 1. We are asking for a variance frjom the required 100 foot setback to replace a structurally deficient cabin. The current cabin is 40’ from the high water line (as measured by a land and resource site inspection) and we would replace it in the current footprint. 2. In addition we want to replace a boat house that is also structurally deficient with a new boat house. It will be “built as is’’ with the exception that it will be moved approximately 2 feet to the east as the current boat house crosses several inches on to the neighboring property. "Wayne Stein Board of Adjustment Secretary April 21,2016 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS i County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25th, day of April, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: < Peter Knapp and Colleen Obrien, 7368 Niagara LN N, Maple Grove, MN 55311 2655 ; Carol Jacobson, Twp Clerk of Girard, 24893 Palace Road, Battle Lake, MN 56515 i 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 1^* 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 I Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Richard Gabe, 25826 County Highway 20, Detroit Lakes, MN 56501 I by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at l^ergus Falls, MN, property addressed to each of the individuals I listed above and/or listed in the attachment. i Dated: April 25th, 2016 ' Wayne Stein, Secretary Otter Tail County Board of Adjustment S: By:AOL, Vi Manderud Peter Knapp and Colleen Obrien - Variance application approved as requested with a condition. (7:05 p.m.) Peter Knapp and Colleen Obrien, Lots 14, 15, 16, 17, 18 and 19, Thomas Addition to Nirvana, East Battle Lake in Girard Township, requested the following; We are asking for a variance from the required 100 foot setback to replace a structurally deficient cabin. The current cabin is 40’ from the high water line (as measured by a land and resource site inspection) and we would replace it in the current footprint. In addition we want to replace a boat house that is also structurally deficient with a new boat house. It will be “built as is” with the exception that it will be moved approximately 2 feet to the east as the current boat house crosses several inches on to the neighboring property. The audience was polled with Doug Ortloff expressing concerns with the requested variance for the boathouse. After discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 100’ for the replacement of a structurally deficient cabin 40’ from the ordinary high water level as depicted on the drawing submitted with the variance application and to approve the variances necessary to replace a structurally deficient boathouse with a new boathouse being at least 10’ from the lot line, at least 2’ back from the ordinary high water level (out of the water), at least 2’ shorter than the existing boathouse and having an overall height of 10’ or less. The variances as approved do not directly or indirectly grant any other variances for the proposed development. Joseph Fritz - Tabled (7:20 p.m.) Joseph Fritz, Lot 2 Block 1 Adam’s Addition, Dead Lake in Dead Lake Township, requested the following: Variance of 80 feet from required 200 foot setback for placement of dwelling and non-dwelling structure at 120 feet from ordinary high water level to avoid wetlands. Paul Richards and Andrea Fritz appeared with the applicant at the public hearing. The audience was polled with the following individuals addressing the applicant’s request: Dennis and Carolyn Reynolds, Tim Sullivan and Dennis Hanselman. Letters and emails from the following individuals were read for the record: Curt Adams, Jack and Donna Galvin, Dennis Hanselman, Acting Chairman of the Dead Lake Association, Cheryl Harris, Michael and Judy Herzog, Dennis and Connie Loecken, Carey C. Lund, Diane Matejka-Lund, and Dennis Reynolds. It should be noted that some of the letters also contained photographs. The letters and emails referenced above are available for public inspection at the Land and Resource Department. Concern was expressed with obstructing the view from the neighboring property, with the wetland determination and the need to require a 200’ setback. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, with the verbal approval of the applicant, to table this hearing until the June 9, 2016 meeting for additional review and explanation from the Land and Resource Department regarding the area on the applicant’s lot that has been classified as a wetland. If after this additional review the area is still determined to be a wetland additional information regarding alternatives should be provide and discussed (wetland bank etc.). The Dead Lake Association requested that they be contacted and allowed to be in attendance when the Land and Resource Department reviews the applicant’s property. Andy and Leanne Magnotto -Variance application approved as requested with a condition. (8:04 p.m.) Andy and Leanne Magnotto, Lot 50 Block 1 Crystal Beach, West McDonald Lake in Dora Township, requested the following: Existing boathouse sits in lake setback and lake. We would like to rebuild the boathouse 4’ back (out of the water) and 4’ smaller than the existing footprint. It is currently 7.5’ by 18’ and we are proposing 7.5’ by 14’. We would also repair the rip-rap at the same time. At the end of the day, we would be 8’ back from the current face. Page I 2 May 12,2016