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17000990998000_Variances_09-02-2010
Q-2-2010,RECEIVED AUG 10 2G1Q land & RESOURCE OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA was filed/recorded in this office for record on the_2(-----day^KoaoJc' 2010 at ?75 6m/bm Wendy L. 'Metcalf. County Recorder b OOcil i/ecording fee 1080442 by: Ub __well certifica 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 Receipt Number Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK Ala-vK 4 fW\rWi:^r(l /VcJm^iI) ^,33. A/ irj^ Jf' DAYTIME PHONE i - 3.-3‘^C/PROPERTY OWNER 9e V MI) ..W7¥MAILING ADDRESS 3 ’LAKE NAME n>^Aca,Vv TOWNSHIP /.37/Z RANGE _Wj^/_TOWNSHIP NAME y~~)u LAKE NUMBER 5C 7*?^LAKE CLASS 9SECTION PARCEL NUMBER E-911 ^ .ADDRESS r7-?h fZxJl-iooo>SCjGq«=j ©ooo LEGAL DESCRIPTION A—o-t- ~tc> ”E>do-cV-» TYPE OF VARIANCE REQUESTED (Please Check) v/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. encbs/Vvj jPorc'k a^d oAl sinaiL oJd/T/dM,fWiniH C' ►V \Jji^ncLnCLL- duji_ izA1- O HVjO L. T AA ' IS'. :p€V pVVs»%fi CLofVsj2». 6ir\ ft-tO-tO 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. OF PROP^TY OWNER / AGENT FOR OWNERSIGNATURE DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 9' /oDate Of Hearing Time Motion Mark and Barbara Malmberg - Approved the variance application with conditions. (8:08 p.m.) After consideration and discussion, Michael Harris made a motion to deny the variance as requested. This motion died for lack of a second. After additional discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and carried with Michael Harris voting no, to approve a variance of 31’ from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level as depicted on the drawing submitted with the variance application with the condition that before a permit can be issued for the proposed development the applicants must remove the 18’ by 20’ 2” concrete slab and must place the two existing sheds in a location which is between the dwelling and the road, at least 10’ from the side lot lines, at least 20’ from the road right-of-way and at least 10’ from the holding tank. It should be noted that the applicants offered to remove the concrete slab and to relocate the two existing sheds. ClWrrmati76tter Tail County Board 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 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota J.,1 SCALE DRAWING ■FORM 1recIeived +• "t AU6 1 0 2010 hooo^'^o^^<i}ooo land & RESOURCE 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, topographic features (i.e. bluffs), and onsite impervious surface calculations. %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) ^75 La-Xe f\caj i ; /O 6^^ Vo . ,i, „LI S'0“ I <2 ^ J*' tf o V 1Id r ^ I?j _rin IIsAIDit ■: Moct 5^'/y'tl;/J V*' AI I f • 5 j : ' : 'r *■ ‘ ... )-• !ns 4 /«k-- LH. “V!Vo1 ■A j fo<'chr-I .■ itV'—>1 q'i" Ii I I I W 'V<0 > la5l^ M- 1 le*I I Ptiic^f) Lake.nK c ____________' Signature of Property miner Date; BK —0909 • VIctcj>38,596 LundMn Co. Pnntart • Fergus I sOs. MN • l-dOO-346-4870 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): 130C Ft2Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): MI FPSidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:addi'ficf)Ft2 Ft2TOTAL IMPERVIOUS SURFACE: I3,0C%Ft2LOT AREA: 3*7 5% -i ^<7 %X 100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE September 2, 2010 Page # 3 Clarmont Ulven - Denied (7:50 p.m. and 8:45 p.m.) Clarmont Ulven, part of Lots B, C, 17 and 18, Shirley Beach, Otter Tail Lake in Amor Township, requested a variance of 3' from the required side lot line setback of 10' for the placement of a 28’ by 60’ structure 7’ from each side lot line. The audience was polled with Bob Bussman expressing concerns with the impact (drainage) of the proposed development on his property. A letter from Charles and Barbara Keeler in support of the variance as requested was noted for the record. After a brief review and discussion, the applicant’s hearing was tabled until later in the evening to provide an opportunity for the Land and Resource representative to. secure the file of an adjacent property for the purpose of reviewing a previously granted variance. The file was reviewed and the information contained within was considered. After additional discussion and consideration, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested :as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested and the applicant as the ability to construct a 22’ wide storage building without the granting of the requested variance, which would provide the applicant with a reasonable use of his property. Douglas and Carol Crice - Denied. (7:55 p.m.) Douglas and Carol Crice, Lot 2 Third Addition to Sunnyside, East Battle Lake in Nidaros Township, requested the following; Expand elevated deck by 4’ toward lake. Requesting a variance of 74’ from ordinary high water level. Will not increase impervious surface ratio, built over existing concrete. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Michael Harris and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested, other options which do not advance the structure towards the lake should be considered, the current impervious surface coverage is slightly more than twice the allowable amount and efforts should be made to reduce the overall amount of impervious surfaces before consideration is given to new development. Barbara Malmberg - Approved the variance application with conditions. (8:08 p.m.) Mark and Barbara Malmberg, Lot 70 Provan Beach, Pelican Lake in Dunn Township, requested a variance of 3T from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level. The audience was polled with Mark Ottis speaking for the variance as requested. After consideration and discussion, Michael Harris made a motion to deny the variance as requested. This motion died for lack of a second. After additional discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and carried with Michael Harris voting no, to approve a variance of 3T from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level as depicted on the drawing submitted with the variance application with the condition that before a permit can be issued for the proposed development the applicants must remove the 18’ by 20’ 2” concrete slab and must place the two existing sheds in a location which is between the dwelling and the road, at least 10’ from the side lot lines, at least 20’ from the road right-of-way and at least 10’ from the holding tank. It should be noted that the applicants offered to remove the concrete slab and to relocate the two existing sheds. Mary HuItgren - Tabled. (8:22 p.m.) Mary HuItgren, Lot 3 Sunlight Hills, Pelican Lake in Dunn Township, requested the following: proposing to replace the existing 48’ by 22’ detached garage with a 48’ by 40’ "L” shaped detached garage. The proposed structure will be approximately 2’ from the north lot line and approximately 2’ from the west lot line. We are requesting a variance of 8’. The required setback is 10’ from the lot line. Also requesting a variance to be 0’ from the sewer pumping station. The required setback is 10’. The audience was polled with no one speaking for or against the variance as requested. A letter from Tim Dahiberg and Gretchen Lychuk in general support of the requested variance was read for the record. After consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other possible development plans that would not require a variance from the sewer pumping station and that would create greater separation from the side lot line (scaled down plan). 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 and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Mark and Barbara Malmberg 432 N 10'^ St Oakes, ND 58474 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 2, 2010 at 7:30 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 70 Provan Beach, Property Address - 49975 Fish Lake Road Section 9, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - a variance of 31 ’ from the required ordinary high water level setback of 75’ for the enclosure of an existing porch and for an addition being 44’ from the ordinary high water level. Stein Board of Adjustment Secretary Date: August 13, 2010 V- 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 13**’'day of August 2010 the attached Notice of Hearing for Variance was duly sen/ed upon the individuals listed below and/or iricluded in the attachment: Mark and Barbara Malmberg -432 N 10'^ St., Oakes, MN 58474 Judy Sumpter, Dunn Township Clerk, PO Box 719, Pelican Rapids, MN 56572 Pelican Group Lake Improvement District, C/0 Fred Manuel - 26271 Otoson Road, Detroit Lakes, MN 56501 Otter Tail County Cola, C/0 John Matteson - 23674 W Silver Lake Rd, Battle Lake,. MN 56515 Richard West, Otter Tail County Highway.Erigineer- 505 S. Court St., Suite #1, Fergus Falls, MN , 56537 Department of Natural Resources - 1509 1®'Ave N., Fergus Falls, MN 56537 DNR Regional Administrator-21,15 Birchmont Beach Road NE, Bemidji, MN 56601 Board of Adjustment: Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672 Paul R. Larson-21283 County Highway 65, Henning, MN 5,6551-9573 Thomas (Tom) Lee - 15600 County Highway 118, Elizabeth, MN 56533-9559 Randall Mann - 532 N Ann St., Fergus Falls, MN 56537 Richard S. Schierer - 32117 260'^ Ave, Erhard, MN. 56534 Robert Schwartz - 31548 County Highway 75, Wadena, MN 56482 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 13, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud MICHELLE R DAVIS & C LAGEMAN 14109 TERRACE RD NE HAM LAKE MN 55304 6779 CHARLES I & ROBERTA W CARNEY 2831 27TH ST S FARGO ND 58103 5032 SEAN & NINA M CARROLL 3470 LAWNDALE LN N PLYMOUTH MN 55447 1694 KENNETH M & MARILYN C HANSON 49909 FISH LAKE RD DETROIT LAKES MN 56501 9450 HACKSTAFF TST 96 CANONGATE LN LITTLETON CO 80130 3981 BONNIE GROSZ TRUSTEE 4465 OAKCREEK DR FARGO ND 58104 6619 DONALD JOHNSON 49951 FISH U\KE RD DETROIT LAKES MN 56501 9450 THOMAS & REBECCA IHRINGER 1342 9TH STS FARGO ND 58103 4106 JAMES & BETTY IHRY 49943 FISH LAKE RD DETROIT LAKES MN 56501 9450 PATRICIA L LYSFORD 7566 214TH ST N FOREST LAKE MN 55025 9110 JEFFREY & MARY LYSTAD 2303 CENTENNIAL ROSE DR S FARGO ND 58104 6826 STEVEN D LENTHE 1718 MAIN AVE WEST FARGO ND 58078 2204 JASON OHMANN 5862 SUNNYBROOK LN MOUND MN 55364 1280 BEVERLY J NELSON 49981 FISH LAKE RD DETROIT LAKES MN 56501 9450 MARK M & BARBARA J MALMBERG 432 10TH STN OAKES ND 58474 1011 KENNETH & RAYETTA SENN 912 3RD AVE NE DILWORTHMN 56529 2107 PELICAN STATION LLC 3031 PETERSON PKWY FARGO ND 58102 1733 MARK L & JOAN E OTTIS 5350 166TH AVE SE KINDRED ND 58051 9603 TO THE PUBLICORVILLE & ANNETTE THORSON 49968 FISH LAKE RD DETROIT LAKES MN 56501 9450 SHORES TSTS 55 DESIREE DR GRAND FORKS ND 58201 8093 DOUGLAS A & ELOYES J WINTER 50053 FISH LAKE RD DETROIT LAKES MN 56501 9449 DAVID L WICKLUND ET AL 11794 280TH STS HAWLEY MN 56549 8960 GARY H & DELU\ VIESTENZ 50005 FISH LAKE RD DETROIT LAKES MN 56501 9449