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Home My WebLink About18000100064005_Variances_07-09-2015Variances 2 Barcode 128 cn \^‘^\2o^s 1161262 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 07/14/2015 1:40PM csl RECEIVED JUN 1 7 2015 iJ^ND & RESOURCE iCO COCO « sor-»- - - ^ <o • FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N>cio CO 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 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date S' ^ d l\ P r . /V/; , ^a/J> (7^0 LPROPERTY OWNER DAYTIME PHONE T. MAILING ADDRESS LAKE NUMBER LAKE NAME LAKE CLASS <^ac^k. V~ocaca LaSECTION TOWNSHIP,RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS i^^mo/ooorc¥oos~ LEGAL DESCRIPTION qYT Gu t 'Yi j-^<^ Co^ D^6 ^ lOr^^-h S "Y_ ^ I b^<=j£:r -F/L Is T. V>^A TYPE OF VARIANCE REQUESTED (Please Check) Xstructure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. \/\/^>/15 'fo D UL J^\Acra<^cUijAa \oLA^^\c4^ la ^ \JoA^ I \^ji_ V) iv! I'i' -ib CxvlcY 7^0 ywy OHWaA. Lo+Ub^ VV <X IS c>-> N. 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 REGARDING THIS MATTER. ^ (ins^^^^^:^-^SIGNAtURE 6f PROPEF^ OWNER / AGENT FOR OWNER DA S3APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) •i4S i'i4 • Victor Lunfleen Co Pr,r;ers • Fergus Falls Minnesota Date Of Hearing TimeA. Motion Lance Bergstrom - Variance application approve as requested. (7:25 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Richard Gabe and unanimously carried, to approve the placement of the proposed water oriented accessory structure 20’ from the lot line and 20’ from the ordinary high water level as described in the variance application dated June 16, 2015 and as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is the uniqueness of the applicant’s property and the fact that there will never be a neighbor on one side of the applicant’s property. The proposed location will not obstruct view from the neighboring properties. Chairman/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 Lance Bergstrom - Variance application approve as requested. (7:25 p.m.) Lance Bergstrom, part of Government Lot 1, Section 10 of Eagle Lake Township by Eagle Lake requested the following: WO AS to be built closer to lot line and shoreline because of base of bluff encroaching on buildable space. WOAS to be built 20 feet from lot line and 20 feet from ordinary high water level. Lot line setback requirement is 40’ for a WOAS. The audience was polled with no one speaking for or against the variance as requested. The applicant submitted a copy of a text from a neighbor (Tamara Fjoslein) expressing support for the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Richard Gabe and unanimously carried, to approve the placement of the proposed water oriented accessory structure 20’ from the lot line and 20’ from the ordinary high water level as described in the variance application dated June 16, 2015 and as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is the uniqueness of the applicant’s property and the fact that there will never be a neighbor on one side of the applicant’s property. The proposed location will not obstruct view from the neighboring properties. Friends of Creation Science LLC - Denied. (7:30 p.m.) Friends of Creation Science LLC, part of the East Half of the Southwest Quarter, Northwest Quarter of the Southeast Quarter, Government Lots 1 and 2, Section 21 of Girard Township by Mason and West Battle Lakes requested the following: We are requesting a variance to place 4 tent sites approximately 110 feet from the ordinary high water level of Mason Lake, which has a 200 foot setback. This site is on the east side of County Highway No. 5. There are buildable areas outside of the 200 feet but they are either closer to the highway or west of the highway and we have a safety concern with the youth camping so close to the highway or crossing the highway to get to the area of the lake activities. We have also applied for a CUP for a cluster development. Bill Schultz represented the Friends of Creation Science LLC. David Anderson, Surveyor appeared with the applicant’s representative at the public hearing. A letter from Charles H. Grotte, Assistant County Engineer, expressing no issue with the proposed campsite location; however, they did note a safety concern for those individuals walking along or crossing County State Aid Highway No. 5, was read for the record. The audience was polled with Marcella Bendickson and Gary Butcher asking several questions regarding the applicant’s proposed project and development (tax exemption status, highway costs, ordinary high water level, lake use, lake classification, number of campers, property classification, wildlife concerns, sanitation plans, future development plans, survey of the property, fence stocking fish, safety issue and privacy). After discussion and consideration, Paul Larson made a motion to deny the variance as requested as no adequate hardship/practical difficulty has been shown that would allow for the granting of the variance as requested and the application did state that there are sites at the required setback. This motion failed for lack of a second. After additional discussion and consideration, Steve Schierer made a motion, second by Thomas Lee to approve the variance as requested noting safety concerns for campers and the limited use of these proposed sites conditioned upon the approval of the Planning Commission. This motion failed with Paul Larson, Thomas Lee and Ward Uggerud voting no. Those voting against the variance as requested noted that there is adequate area on either side of the County Highway No. 5 to place the proposed tent sites at the required setback and the requested variance for these proposed campsites alone does not address the safety issue because the applicant’s property is located on both side of the highway. Robert Leahy - Variance application approved as requested. (7:55 p.m.) Robert Leahy, part of Government Lot 5, Section 2 of Perham Township by Little Pine Lake requested the following: Proposing a 12’ wide by 5’ deep addition to dwelling off existing living room towards lake (seating kick out bay area). New addition will be 65’ from ordinary high water level. Required setback is 75’, requesting a 10’ variance. The audience was not polled as there was no one in attendance at the time of this hearing. ■ ■ A July 9, 2015Page 4 Notice of Hearing for Variance m 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 9mMm Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Lance Bergstrom 257 Chestnut Drive Horae, ND 58047-4006 has/have 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, July 9, 2015 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 part of Government Lot 1, Property Address - 38266 North Eagle Lake Road Section 10, Township 131, Range 40 - Township Name - Eagle Lake Lake No. 56-253, Lake Name - Eagle, Class - GD The variance requested is - the following: WOAS to be built closer to lot line and shoreline because of base of bluff encroaching on buildable space. WOAS to be built 20 feet from lot line and 20 feet from ordinary high water level. Lot line setback requirement is 40’ for a WOAS. Wayne Stein Board of Adjustment Secretary June 19, 2015 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 22nd, day of June, 2015 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Lance K Bergstrom, 257 Chestnut Dr, Horace, ND 58047 4006 Eagle Lake Assoc., Carol Bemis, PO box 22, Battle Lake, MN 56515 Darlane Miller, Eagle lake Twp Clerk, 12294 State Hwy 78, 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 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Jodi L Sazama, 650 Third Ave SE, Ste 4, Perham, MN 56573 Richard Gabe, 25826 County Highway 20, Detroit Lakes, MN 56501 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: June 22, 2015 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: \fjL A\ Vi Manderud K ROGERS FENSKETST 38276 EAGLE LAKE RD N BATTLE LAKE, MN 56515 9562 FAITH HAVEN CAMP INC 38360 EAGLE LAKE RD N BATTLE LAKE, MN 56515 9562 LANCE K BERGSTROM 257 CHESTNUT DR HORACE, ND 58047 4006 EVERETT C & JANET M GILBERTSON TSTEES OF REV LIVING TRUST 15617 385TH AVE BATTLE LAKE, MN 56515 9537 DEAN L & JEROLYN D JOHNSON 37787 COUNTY ROAD 16 ROSEAU, MN 56751 8216 TAMARA L FJOSLIEN PO BOX 2593 BAXTER, MN 56425 2593 DONALD E & MARYJANE WESTRA 1220 TOWER RD N STE 102 FERGUS FALLS, MN 56537 4813 ARTHUR E & DENISE NORBERG 15063 COUNTY HIGHWAY 81 BATTLE LAKE, MN 56515 9538 GWENDOLYN K LILLEMON 19730 COUNTY ROAD 1 ASHBY, MN 56309 8016 ' ‘ A Did you ever get my email about the WOAS? I have the board meeting for variance Thursday and want them to know we chatted about it.® When did u send it? I've been really slacking on email this summer!!! About a week ago.:) I got letter from co re hearing July 9. I'll look! Yes I am in agreement w your variance request U can use this text iSii [Text Message ^ Send ! O P ^ Iw R T Y UQ W ' E I1 ■isI'l ASDF GHJKL ^ V J Vy V. '«? '1 aii SCALE DRAWING FORM, ^ I onoCo^OO^ 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 and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). (I 3aScaie I Signature of Property Owner Dat 3W. 5i'C‘ • Vii.ioi Londeen Co. Ptmters • Fergus Falls. MN • 1-800-346-4070 IMPERVIOUS SURFACE CALCULATION List & identify all existing & pro£o^d onsite impervious surface^ on ^ale drawing. li^ 11 r:Lot Area (ft^):Date:Signature:i- Other Impervious SurfaceBuildings ProposedExistingi-i2ExistingProposed Ft^Ft^Ft^Ft Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage 2o_Storage Shed Landing(s) •2^ 5~^Qg>Driveway(s)WOAS ^0)0 Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous O '5.0 00TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Existing Proposed Total Lot Area Ft^Ft^Ft^Ft^Total Buildings / 0(oT-\a 'AGO 2,?/I 100-r X f Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Ft^Ft^Ft^Ft^ 7./100X Impervious Surface Calculation Worksheet 03-25-2014