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1017134 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that iOl
this instrument
was filed/recorded in this office for reoord oh the J^_day of
itoZ__2007 atZJ£:a
V/a.^/31ki22recording fee
_,/well certificate
Wen
by:.Deputy
UL
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
^350 OOApplication Fe
Receipt Number / V I I ^^
Accepted By / Date j3 ^ V
COMPLETE THIS APPLICATION IN BLACK INK
n DAYTIME PHONE 7^)^ -^ <£-WPROPERTY OWNER
X3 P TO </MAILING ADDRESS
LAKE NUMBER SLo " ^63 LAKE NAME LAKE CLASS
//TOWNSHIP y3 / RANGE TOWNSHIP NAME
Let- K) flM Soucflv , ^ .
SECTION
PARCEL
NUMBER
E-911
ADDRESSR ^■^OC.O 9?0
LEGAL DESCRIPTION
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TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
<k\>'0ii tunitii IjU'Icj fvDyy\ denkr 'ToadoccLi^K ZO Sdh^k^
Jh 7)^S‘5’lole. meet >'5 fiot Z.O.uo.
ixest lb Ctrckx- of -dxr rvxcd
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LcikoYdu:n<^k,fj hoard hoo> a^^proiod
for s^fhxc/cs and aoh ac4ua/ k.o.uj.
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Cu.iT re h
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.
-3 - ^ ^ - ra 3>
DATESIGNATURE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
f . firr)c^aoy TimeDate Of Hearing
Motion
Daniel and Andrea Ness - Approved the variance as requested. (8:47 p.m.)
After discussion and consideration, Rick Wilson made a motion, second by Steve Schierer and carried with Michael
Harris and Paul Larson voting no, to approve the variance as described in the variance application and as depicted on
the drawing dated March 12, 2007, which was submitted with the variance application. Those voting in favor of the
motion to approve noted that the proposed building site is a good location, if not, the only location, for the proposed
development. Hardship is the terrain of the applicant’s property and the location of the actual driving surface verses
the location of the road right-of-way.
eMairCounty~Board of ^ustmentz+rairman,
Permit(s) required from Land & Resource Management
^jQ/nMd^xLdUXYes (Contact Land & Resource Management)
No
f)A~l ^IidId'?Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 0106-001
V. Lundeen 324855
i ?I BEARINGS HEREIN ARE CALCULATED FROM
/,L,: ^ AND 3CJTJDS JJRv'Ei' OF FRE’/IOJJ
LOTS SHOWN HEREON.DTS I AND 2 AND
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TH. RANGE 40WEST GOV. LOT Z
ORIG. GOV PLAT
OKESON BEACH I |J;.ADD. OKESON BEACH OBGAc.
2^ftDD. “ " 0.74 Ac.
TRACTS 2.90AC.
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i I\I 1\si \0W:£RS CERTIFICATE
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KNOW ALL PERSONS 3Y THESE PRESENTS: THAT WE
RU3Y VAN SANTEN (HIS WIFE)
PETER VAN SANTEN ANDLAKEDO HEREBY CERTIFY THAT WE ARE THE OWNERS IN FEE AND
PROPRIETORS OF THE REAL PROPERTY DESCRIBED HEREIN, AND BEI.NG A PART OF rX)VEENRENT LOTS ONE
(1) AND TWO (2) AND A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11,
TOWNSHIP 131 north, RANGE 4O WEST OF OTTER TAIL COUNTY, MIN:n[E30TA; AND DO HEREBY CERTIFY
THAT IN ORDER TO CORRECTLY REPRESENT A-N ADEQUATE AND FEASIBLE PLAN FOR THE FULLEST UTILI
ZATION OF TiE PROPERTY INVOLVED WE HAVE CAUSED THE FOLLOWING DESCRIBED PARCEL TO BE SURVEYED,
RECORDED AND SUBDIVIDED I.NTO LOTS AND ROADWAYS, EACH LOT SHALL BE NUMBERED FOR lEEJVTIFICATIOM
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APPROVED BY EAGLE LArl. TOW.'ISKIP TOWN BOARD
19'"6.DAY OFTHIS
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Eagle Lake Township
37l!21 County Highway 126
Ashby MN 5^09__________________
David Braud, Chairman
John Bemis, Supervisor
Dennis Sehmidt, Supervisor
Julie Olson, Treasurer
Mabeth Jensen, Clerk
'’ECE/ved
152007
resource
March 14, 2007
Land and Resource Department
Government Services Center
540 W Fir Ave
Fergus Falls MN 56527
Dear Tim Griep
Eagle Lake Township agrees to grant Dan Ness a variance to come within 4 1/2 feet of existing
Road Right of way on West side of Eagle Lake Road East, Lot 1 Block, 2 second addition to
Okerson Beach,
In exchange Dan Ness will grant Eagle Lake Township a 33 ft, easement from existing road
center line to the East of Eagle Lake Road East,
Dan Ness will record this easement on the property deed, Z^/l/
We also grant permission to bore sewer line under the road.
Eagle Lake Town Board
John Bemis
David Braud
Dennis Schmidt
-es_Z~/^ e. ~>-?^Z-^
January 27,2007
Eagle Lake Township
We are requesting permission to build a cabin 53 feet from center of roadway on our lake
lot around Eagle L^e. Otter Tail County ordinance requires a 20-foot setback from
R.O.W and most roadways are 33 feet each way from centerline for a total easement of
66 feet.
As you may or may not know already, the roadway splits our property and the tar mat is
not centered on the R.O.W. Because.of this, the lakeside of our property becomes
unbuildable. We would like you to consider giving us a letter of approval to build 53 feet
from centerline of roadway. With your support, we would then be able to go to the
County and ask for a variance to build on the lakeside of ovir lot.
We would like to have this variance to abstain from having to build across the road as we
have young children and the property lies on a curve and is on top of the hill, making it
dangerous to cross whether it be our children or ourselves. We want to avoid any
possible liability to anyone.
At this time, we would also like to ask for permission to directional bore imder roadway
to the East.
Thank you for your consideration. We have enclosed a map of our lot including road
right of way and proposed cabin site. The site is also completely staked out. Feel free to
visit our lot to help you make your decision.
April 5, 2007
Page # 4
Fergus Properties LLP - Denied the yariance as requested and then a motion to table was offered
to grant the applicant an opportunity to consider other alternatives.(8:08 p.m.) '
Fergus Properties LLP, Sub Lot 6 of Government Lot 3, Section 8 of Tumuli Township by Mineral Lake,
requested a variance of 155' from the required ordinary high water level setback of 200’ and a variance, of 55’ from the required shore impact zonejisetback of 100’ for the following development located
approximately 45’ from the ordinary higri water level: Under currently passed Minnesota State legislation
and after discussion with Otter Tail Gouhty Shoreline Management we are able to replace the current
structure without a variance. The current structure is an accumulation of many additions; it is awkward and
aesthetically rough. We would like to reduce the footprint of overall structure and add a second floor.
Existing mobile home is to be removed. A 10’ by 30’ addition will be added to the existing cabin. The .
application was represented by Jay Paulson, Phil Reim and Daniel Kent. The audience was polled with no
one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer
made a motion, second by Michael Harris and unanimously carried, to deny the variance as requested
noting that no adequate hardship unique to the property had been shown that would allow for the granting
of the variance as requested. It was alsb noted that the proposed development is basically a rebuilding of
the entire structure and the applicant should consider other possible locations for the development. After .
additional consideration and discussion, Steve Schierer made a motion, second by Michael Harris and'
unanimously carried, to table this discussion until the May 3, 2007 Board of Adjustment meeting to allow
the applicant an opportunity to consider other alternatives. It is important to note that the Board of
Adjustment did consider the applicant’s original request and did act upon that request in a timely manner
and that this action to table is not an action affecting the original variance request, but rather an opportunity
for the applicant to submit another proposal for consideration.
j-,’
-S'.
Mike and Linda Bergh— Approved the variance as requested with a condition. (8:37 p.m.)
Mike and Linda Bergh, Lot T'Rosie’s Beach, Big McDonald Lake in Edna Township requested a variance of
25’ from the required ordinary high water.level setback of 100’ for the placement of a 300 square foot deck
75’ from the ordinary high water level and a variance of 15’ from the required ordinary high water level
setback of 100’ for the placement of an approximately 1,050 square foot addition 85’ from the ordinary .high
water level. The proposed deck will be inline with the existing enclosed porch and part of the proposed
addition will be inline with the existing dwelling. The audience was polled with no one speaking for or
against the variance as requested. After discussion and consideration, Rick Wilson made a motion,
second by Michael Harris and unanimously carried, to approve the proposed development as described in
the variance application and as depicted on the drawing dated March 9, 2007, which was submitted with
the variance application, with the condition that no more than 25% of the total lot area can be covered with
impervious surfaces.}
Daniel and Andrea Ness - Approved the variance as requested. (8:47 p.m.)
Daniel and Andrea Ness, Lot 1 Block 2, Okeson Beach Second Addition, Eagle Lake in Eagle Lake
Township, requested the following: We are requesting a variance to build 53’ from center of tar roadway.
20’ setback from road right-of-way is not possible. The tar mat is not centered on road right-of-way. The
audience was polled with Duane Keeney speaking in favor of the variance as requested and with John
Bemis, Supervisor Eagle Lake Town Board addressing the current road situation. After discussion and
consideration, Rick Wilson made a motion, second by Steve Schierer and carried with Michael Harris and
Paul Larson voting no, to approve the variance as described in the variance application and as depicted on
the drawing dated March 12, 2007, which was submitted with the variance application. Those voting in
favor of the motion to approve noted that the proposed building site is a good location, if not, the only
location, for the proposed development. Hardship is the terrain of the applicant’s property and the location
of the actual driving surface verses the location of the road right-of-way.
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
! 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:
Daniel and Andrea Ness
37729 113‘^ St
Ashby, MN 56309
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, April 5, 2007 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 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
Lot 1 Block 2 Okeson Beach Second Addition,
Property Address - Lot to the south is 14595 Eagle Lake Road
Section 11, Township 131, Range 40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is -
the following: We are requesting a variance to build 53’ from center of tar roadway. 20’ setback from road right-of-
way is not possible. The tar mat is not centered on road right-of-way.
'Wayne Stein
Board of Adjustment Secretary
Date: March 16, 2007
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 March, 2007 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Daniel W & Andrea M Ness, 37729 113*'' St., Ashby, MN 56309-4642
Eagle Lake Assoc., % Carol Bemis, PO Box 22, Battle Lake, MN 56515
MaBeth Jensen, Twp Clerk of Eagle Lake, 37121 County Highway 126, Ashby, MN 56309
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
Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537
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: March 19th, 2007
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
3/15/2007LIST PARCELS IN BUFFER
4
Parcel Number Sortname Namel Addr2 Addr3 CSZ CountryName2Street Addr
18000110076000 VAN SANTEN.MARK & GERALDINE A MARK & GERALDINE A VAN SANTEN
18000110076001 'DAVIS,GERALD WAYNE & JANE E
18000110076002 THOMAS,MICHAEL R
18000110076003 WILSON,HAZEL
18000110076005 NELSON,TERRENCE & SUSAN M
18000110076006^ NELSON,TERRENCE & SUSAN M
18000110076009^ KEENEY,DUANE R & JEANETTE M
18000110076012 :BRUSTAD',KENNETH J & DIANE M
18000110076014 WESTRA, DONALD E ^
18000110076904 :LOOBY,THOMAS & MARVELENE ET AL THOMAS & MARVELENE LOOBY ET AL
18000990319000 , WESTRA, MARY’JANE...................
18000990320000 WESTRA, DONALD E
18000990321000 :BRUSTAD,KENNETH J & DIANE M
18000990322000 PRAMANN,WARREN JR & KATHLEEN WARREN JR & KATHLEEN PRAMANN
18000990323000 EBERLY,THOMAS A & NANCY J
18000990324000 DAVIS,GERALD WAYNE & JANE E
18000990325000 DAVIS,GERALD WAYNE & JANE E
18000990326000 RIVERS,DAVID J & BARBARA
18000990411000 PRAMANN,WARREN JR & KATHLEEN WARREN JR & KATHLEEN PRAMANN
18000990412000 :EBERLY,THOMAS A & NANCY J
18000990413000 WILSON,HAZEL
18000990418000 NESS,DANIEL W & ANDREA M
BATTLE LAKE MN 56515 9542
RAMSEY MN 55330
MARSHALL MN 56258 2160
MOORHEAD MN 56560 1939
BATTLE LAKE MN 56515 9559
BATTLE LAKE MN 56515 9559~"
BATTLE LAKE MN 56515 9559
FRIDLEY MN 55432 1722
FERGUS FALLS MN 56537 2706
SIOUX FALLS SD 57108 2616
FERGUS FALLS MN 56537 2706
FERGUS FALLS MN 56537 2706
FRIDLEY MN 55432 1722
CORCORAN MN 55340 9662
BATTLE LAKE MN 56515 9559
RAMSEY MN 55330
RAMSEY MN 55330
BLAINE MN 55434 1129
CORCORAN MN 55340 9662
BATTLE LAKE MN 56515 9559
MOORHEAD MN 56560 1939
ASHBY MN 56309 4642
14322 COUNTY HIGHWAY 81
6380 178TH LN NW
1100 TRAVIS RD
105 3RD ST N APT 109
14640 EAGLE LAKE RD E
14640 EAGLE LAKE RD E
14595 EAGLE LAKE RD E
272 ELY ST NE
620 COURT ST S
5016 OLD YANKTON PL
620 COURT ST S
620 COURT ST S
272 ELY ST NE
,9837 TRAIL HAVEN RD
14683 EAGLE LAKE RD E
6380 178TH LN NW
6380 178TH LN NW
241 90TH LN NE
9837 TRAIL HAVEN RD
14683 EAGLE LAKE RD E
105 3RD ST N APT 109
37729 113TH ST
GERALD WAYNE & JANE E DAVIS
MICHAEL R THOMAS
HAZEL WILSON
TERRENCE & SUSAN M NELSON
TERRENCE & SUSANM NELSON
DUANE R&JEANETTEMKEENEY
KENNETH J & DIANE M BRUSTAD
DONALD E WESTRA
MARYJANE WESTRA
DONALD E WESTRA
KENNETH J & DIANE M BRUSTAD
THOMAS A & NANCY J EBERLY
GERALD WAYNE & JANE E DAVIS
GERALD WAYNE & JANE E DAVIS
DAVID J & BARBARA RIVERS
THOMAS A & NANCY J EBERLY
HAZEL WILSON
DANIEL W & ANDREA M NESS
Page 1
Buffer Mail 3n 512007
Sortname Name1 Street Addr CSZName2Addr2 AddrS
272 ELY ST NE
6380 178TH LN NW
BRUSTAD,KENNETH J & DIANE M KENNETH J & DIANE M BRUSTAD FRIDLEY MN 55432 1722
rAMSEYMN 55330DAVIS,GERALD WAYNE & JANE E GERALD WAYNE & JANE E DAVIS
EBERLY,THOMAS A & NANCY J THOMAS A & NANCY J EBERLY BATTLE LAKE MN 56515 9559
IBATTLE LAKE MN 56515 9559KEENEY,DUANE R & JEANETTE M IDUANE R & JEANETTE M KEENEY
LOOBY,THOMAS & MARVELENE ET AL THOMAS & MARVELENE LOOBY ET AL
NELSON,TERRENCE & SUSAN M
114595 EAGLE LAKE RD E
'5016 OLD YANKTON PL SIOUX FALLS SD 57108 2616
BATTLE LAKE MN 56515 9^
ASH BY MN 56309 4642
ICORCORAN MN“"^340 9662
(14640 EAGLE LAKE RD E
137729 1 --q -
19837 fRAIL HAVEN RD
i241 90ThTn NE
TERRENCE & SUSAN M NELSON
NESS,DANIEL W & ANDREA M
PRAMANN,WARREN JRTi^THLEEN WARREN JR & KATHLEEN PRAMANN
DAVID J & BARBARA RIVERS
iDANIEL W & ANDREA M NESS
RIVERS,DAVID J & BARBARA BLAINE MN 55434 1129
Marshall M^ 56258 2j60
BATTLE 5 9^2'
Fergus faClsmn‘56537
THOMAS,MICHAEL R MICHAEL R THOMAS 1100 TRAVIS RD
VAN SANTEN,MARK & GERALDINE A MARK & GERALDINE A VAN SANTEN(DON^dFwESTF^
MARYJANE WESTRA
i14322 COUNTY HIGHWAY 81
620 COURT ST S
!620 COURT ST S
1105 3RD ST N apt 109
WESTRA,DONALD E
WESTRA, M AR YJ AN E (FERGUS FALLS MN 56537 2706
IMOORHEADMN 56560 1^9WILSON,HAZEL iHAZEL WILSON
Page 1