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982202 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 982202
this instrument #------------------------
was fiied/recorded in this officefor reco^ on the__GLday of ^
( 2005 at3iZ3Q^r9pm
ndy L. Me&aif, County Redq^r
hy; tHh>.(rec^inofee/
^well certificate
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THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER RECEIVED
JUL 1 42005APPLICATION 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
LAND & RESOURCE
^ 3CQf^Ci<^ir,iAApplication Fee
Receipt Number I
phone'AOv
COMPLETE THIS APPLICATION IN BLACK INK
Accepted By / Date
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DAYTIMEPROPERTY OWNER
MAILING ADDRESS
CrtN■sF,j.LAKE CLASSLAKE NAMELAKE NUMBER
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1-RANGE M!0 TOWNSHIP NAMETOWNSHIP
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SECTION
E-911
ADDRESS
PARCEL
NUMBER
LEGAL DESCRIPTION
PART GL 5 COM Sl/4 COR SEC 2 W 1530' TO MC#4 N 16 DEG E 138'N 70 DEG W 168' NWLY ON CURVE '
TO BG NWLY 79.6' S 3 DEG W 106.39' S 86 DEG E 77.55' N 4 DEG E 104.39' TO BG REMAINS ONE PARCEL #10-007 & #362
NEVER TO BE SPLIT
TYPE OF VARIANCE REQUESTED (Please Check)351
Structure Setback Structure Size Sewage System Subdivision
SPECIFY VARIANCE REQUESTED
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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.
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SIGNAYuRE 01* PF^FtRTY OWNER
APPLICAI^MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
'7,Vo/?/r\.//TimeDate Of Hearing
Motion
John A and Joanne A Molstre - Denied. (7:40 p.m.)
After discussion and consideration, Rod Boyer made a motion, second by Cecil Femling and carried with Paul Larson
and Michael Conlon voting no, 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 the proposed development on the
lakeside of the cabin is within the shore impact zone.
Chkirman/Otter Tail County Bo'ar^of Adjustment
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 0903-001
315,694 ■ Victor Lundeen Co., Printers • Fergus Falls, Minnesota
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IIPj_x*a <^C.A.uE; i i DATE:G/iz/o!o REVISED
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DRAWING NUMBER
August 11, 2005
Page # 3
John A and Joanne A Motstre - Denied. (7:40 p.m.)
John A and Joanne A Molstre, Lot 11 Olson’s North Shore and part of Government Lot 5, Section 2 of
Eagle Lake Township by Eagle Lake, requested a variance of 45’ from the required ordinary high water
level setback of 75’ and a variance of 8.5’ from the required shore impact zone setback of 37.5’ for the
enclosure of two existing porch areas and a variance of 3’ from the required side lot line setback of 10’ for
an addition to the north side of the existing structure 7’ from the lot line. The applicants noted that they are
no longer requesting the side lot line variance of 3’. The audience was polled with no one speaking for or
against the variance as requested. After discussion and consideration, Rod Boyer made a motion, second
by Cecil Femling and carried with Paul Larson and Michael Conlon voting no, 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 the proposed development on the lakeside of the cabin is within
the shore impact zone.
Patrick and Kathleen Skelly - Approved the variance as requested. (7:50 p.m.)
Patrick and Kathleen Skelly, part of Government Lot 10, Section 26 of Candor Township by Loon Lake,
requested a variance of 73’ from the required ordinary high water level setback of 100’ and a variance of
23’ from the required shore impact zone setback of 50’ for the repair of an existing building located 27’ from
the ordinary high water level, a variance of 59’ from the required ordinary high water level setback of 100'
and a variance of 9' from the required shore impact zone setback of 50’ for an addition to an existing
structure 41 ’ from the ordinary high water level and a variance of 25’ from the required setback of 75’ for
the placement of a septic holding tank 50’ from the ordinary high water level. The audience was polled with
no one speaking for or against the variance as requested. A letter from Mary and Tim Wieben in support of
the variance as requested was read for the record. After discussion and consideration, Cecil Femling
made a motion, second by Rod Boyer and carried with Steve Schierer voting no, to approve the variance
as requested and as depicted on the drawing submitted with the variance application. Hardship is the
terrain and topography of the applicants’ property.
Mark H and Kathryn R Biederman - Approved the variance as modified with a condition. (8:12 p.m.)
Mark H and Kathryn R Biederman, part of Lot 14 and all of Lot 15 Camp Tynset, South Ten Mile Lake in
Tumuli Township, requested a variance of 15’ and a variance of 12’ from the required road right-of-way
setback of 20’ for the placement of one corner of the proposed 24’ by 32’ garage/dwelling 8’ from the road
right-of-way and for the placement of the other corner of the proposed 24’ by 32’ garage/dwelling 5’ from
the road right-of-way. A letter from Tumuli Township requesting a setback of 22’ from the edge of the
existing blacktop was read for the record. A letter from Tony and Judith Rivera in support of the variance
as requested was read for the record. The audience was polled with no one speaking for or against the
variance as requested. After discussion and consideration, Cecil Femling made a motion, second by Rod
Boyer and unanimously carried, to approve the placement of the proposed 24’ by 32’ garage/dwelling 22’
from the existing blacktop with the condition that access to the garage must be from the lot and not directly
from the road. Hardship is the terrain of the applicants’ property.
Eugene and Karen Prim - Approved the variance as modified with a condition. (8:26 p.m.)
Eugene and Karen Prim, part of Government Lot 3, Section 20 of Dunn Township by Lake Lizzie,
requested a variance of 76’ from the required ordinary high water level setback of 100’ and a variance of
27’ from the required shore impact zone setback of 50’ for the replacement of an existing dwelling with a
new structure 24’ from the ordinary high water level. The audience was polled with no one speaking for or
against the variance as requested. An email from James Bruggeman and from John and Judy Gunkelman
in support of the variance as requested was read for the record. After discussion and consideration, Paul
Larson made a motion, second by Cecil Femling to approve the variance as requested with the following
conditions: 1.) no more than 25% of the total lot area can be covered with impervious surfaces as
determined by the Land and Resource Department, 2.) no other variance can be granted for the proposed
development, and 3.) the proposed development can be no closer to the ordinary high water level than the
existing structure. The motion failed with Rod Boyer, Randall Mann and Steve Schierer voting no.
r
Notice of Hearing for Variance
Otter Tail County
Government Services Center
SIOFirAveW
Fergus Falis, 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:
John A and Joanne A Molstre
3928 River Oak Circle
Moorhead, MN 56560
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, August 11, 2005 at 7:30 p.m.j
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 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
Lot 11 Olson’s North Shore and Part of Government Lot 5,
Property Address - 38586 N Eagle Lake Road
Section 2, Township 131, Range 40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is -
a variance of 45’ from the required ordinary high water level setback of 75’ and a variance of 8.5’ from the
required shore impact zone setback of 37.5’ for the enclosure of two existing porch areas and a variance of
3’ from the required side lot line setback of 10’ for an addition to the north side of the existing structure 7’
from the lot line.
Stein
Board of Adjustment Secretary
Date: July 15, 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 18th, day of July, 2005 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
John A and Joanne A Molster, 3928 River Oak Circle, Moorhead, MN 56560
Mabeth Jensen, Twp Clerk of Eagle Lake, 37121 County Highway 126, Ashby, MN 56309
Eagle Lake Assoc., % Carol Bemis, PO Box 22, Battle Lake, MN 56515
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. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537
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
Rod Boyer, 51127 E Wymer Lake Rd, Frazee, MN 56544
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Maii at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: July 18th, 2005
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
r
A
Parcels Entered
Parcel
BATTLE LAKE22971 OAK LEAF LN18000020010000 ARNOLD E OLSON MN 56515 9109
192 IDLEWOODDR STAMFORDCT18000020010001 THOMAS & LISA G TERFEHR 06905 2409
MN 56515 956118000020010003 DENNIS H & JOANN C EGGEN 38608 EAGLE LAKE RD N BATTLE LAKE
MN 56515 956118000020010004 GENE C & MAVIS. J HAAGENSON 38578 EAGLE LAKE RD N BATTLE LAKE
••18000020010005 NORBERG IRREVOCABLE TST
ATTN ARNOLD & G NORBERG TSTEES
MN 56515 9561: 38538 EAGLE LAKE RD N BATTLE LAKE
18000020010006 DOUGLAS P & LAURA C F NORBER 10701 CAMBRIDGE CT BURNSVILLE MN 55337 ^1083
18000020010007 JOHN A & JOANNE A MOLSTRE 3928 RIVER OAK CIR MOORHEAD MN 56560 5611
18000020010008 FREDRICK E HOSKINS ET AL 8825 RIVER RIDGE CIR MINNEAPOLIS MN 55425 2174
Page 1 of 4Friday, July IS, 2005
V
Parcel
MN 55302 391718000020010009 LINDA MIS ET AL 17022 COUNTY ROAD 37 NW ANNANDALE
BATTLE LAKE MN 56515 956118000020010010 MARWOOD E & MARION E RUDE 38560 EAGLE LAKE RD N
18000020010013 ARLO M & LEVONNE HANSON DALTON MN 56324 463115749 253RDAVE
BATTLE LAKE MN 56515 956118000020010014 CAROL M HEPPER TST 38632 EAGLE LAKE RD N
BATTLE LAKE MN 56515 956118000020010015 KENNETH N HEPPER TST 38632 EAGLE LAKE RD N
BATTLE LAKE MN 56515 954118000020010016 DAVID A & JULIE M OLSON 40147 150THST
MN 56515 956218000030018003 DOROTHY Y MAYNARD ET AL 38494 EAGLE LAKE RD N BATTLE LAKE
ATTN RUTH S BERGSTEN
STAMFORDCT 06905 240918000990330000 THOMAS & LISA G TERFEHR 192 IDLEWOODDR
MN 56515 956218000990355000 DOROTHY Y MAYNARD ET AL 38494 EAGLE LAKE RD N BATTLE LAKE
ATTN RUTH S BERGSTEN
MN 56515 910918000990356000 ARNOLD E & ARLENE OLSON 22971 OAK LEAF LN BATTLE LAKE
Page 2 of 4Frid(^, July 15, 2005
Parcel
BATTLE LAKE18000990357000 DAVID A & JULIE M OLSON 40147 150THST MN 56515 9541
BATTLE LAKE18000990358000 NORBERG IRREVOCABLE TST 38538 EAGLE LAKE RDN MN 56515 9561
ATTN ARNOLD & G NORBERG TSTEES
18000990359000 DOUGLAS P & LAURA C F NORBER 10701 CAMBRIDGE CT BURNSVILLE MN 55337 1083
BATTLE LAKE18000990360000 MARWOOD E & MARION E RUDE 38560 EAGLE LAKE RD N MN 56515 9561
18000990361000 GENE C & MAVIS J HAAGENSON 38578 EAGLE LAKE RD N BATTLE LAKE MN 56515 9561
18000990362000 JOHN A & JOANNE A MOLSTRE MOORHEAD MN 56560 56113928 RIVER OAK CIR
18000990363000 DENNIS H & JOANN C EGGEN BATTLE LAKE38608 EAGLE LAKE RD N MN 56515 9561
18000990364000 CAROL M HEPPER TST 38632 EAGLE UVKE RD N BATTLE LAKE MN 56515 9561
18000990365000 KENNETH N HEPPER TST 38632 EAGLE LAKE RD N BATTLE LAKE MN 56515 9561
1 18000990366000 FREDRICK E HOSKINS ETAL 8825 RIVER RIDGE CIR MINNEAPOLIS MN 55425 2174
Page 3 of 4Friday, July IS, 2005
■»
Parcel
MN 56324 4631DALTON18000990367000 ARLO M & LEVONNE HANSON 15749 253RDAVE
MN 55302 391717022 COUNTY ROAD 37 NW ANNANDALE- 18000990368000 LINDA MIS ETAL
Page 4 of 4Friday, July IS, 2005