The URL can be used to link to this page

Home My WebLink About17000991341000_Variances_01-07-1999838748 idrfiqK OT kiouHiy Kecoraer County of Otter Tail by osnify that tbe within Instrument was filed W6§ duly Microfilrmd as Coe #— I hare ^48 lUi^AL\ H) ■ cordw .Deputy THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee Receipt Number PHONE y^/ .^3^^ /^^L/C /f/iJ PROPERTY OWNER %?rADDRESS PC'- ypeLAKE NUMBER LAKE NAME LAKE CLASS m7 qxTOWNSHIPSECTIONRANGE TOWNSHIP NAME n-mc- 9p n,y-/-cooPARCEL NUMBER FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION Slc&Pionf^tLot TYPE OF VARIANCE REQUESTED (Please Check) -k:Misc.Structure Size Sewage System Subdivision ClusterStructure Setback SPECIFY VARIANCE REQUESTED C^otf/IPP /s- ^ TX/f/ TMSp/7 {Ut > Mfi'yn <;ut^L>i Co Ay I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. tHAJ OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO /OURCE MANAGEMENT REGARDING THIS MATTER.I ALS COI /, DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 8ld. c h ^ 4/ 7&j-t^ 7is'/ji ^ ^ 7A/ /cR ^ ^ / /<^6^0 c/cc^^2^ 72^ Aio 7 777 / 3 /3 73 ' '^77'77)7 ' 7^7 , 7)0(2 jo-7007l>- ooo acyo-' /337 (TUi-s-- !33f ^ >3 70 /37( /3^0k / 3 7S /j>4/</ y. / ,- Accepted By Land & Resource L & R Official/Date 6:3a/- 7 99 TimeDate Of Hearing Motion Duane D. Durr - Denied Motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that imperious surface coverage cannot exceed 25% of the total lot area and the applicant, under the direction of the Land and Resource Department, must obtain the proper permits necessary to make the required changes by June 1, 1999. The Chair also directed that a letter should be sent to the contractor advising them of the imperious surface coverage rule and of the permits necessary before undertaking grade and fill projects. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 • Victor Lur»de»n Co.. Printdfs • Fergus Falls. Minnesota • *January 7,1999 Page 3 Daniel and Donna Winkels - Approved Daniel and Donna Winkels, ET AL, Sartell, MN, requested the following: “We would like to sell the home without platting the property. This lot will exceed the minimum requirement for a RD lake. With approval we will provide a survey drawing with a new legal description. This property is a family farm, which we recently purchased. It is our request to the Board that we be allowed to sell the home, in compliance with all necessary requirements. The home was constructed in 1981 near the center of the lakeshore property with the driveway also crossing Parcel # R32000150117000 which we also purchased and is part of the farm. Access to the new parcel will be gained with an easement from us to any future property owners. We do no live on the property and this request is made to prevent financial hardship and to allow us to maintain the integrity of the remaining farm acreage." The property is described as part of the Northeast Quarter of the Northeast Quarter and Government Lot 1, Section 16 of Hobart Township by Rose Lake. Leonard Schepper appeared along with the applicants at the public hearing. A letter from the Hobart Town Board stating no objections to the applicants’ request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by David Holmgren and carried with Mark Steuart and John Everts voting no, to approve the proposed subdivision with the condition that a dedicated public road, being at least 66’ in width, must be provided to at least the east property line of the proposed parcel and with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Wayne Sorem - Tabled Wayne Sorem, Ottertail, MN, requested either a variance of 58’ from the required ordinary high water level setback of 200’ and a variance of 2’ from the 18’ maximum allowable height of a non-dwelling structure for the location of a 26’ by 48’ structure, with an overall height of 20’, 142’ from the ordinary high water level or a determination that the body of water is actually a river instead of a lake having a structure setback of 100’. The property is described as part of Government Lots 5, 6 and 7, Section 35 of Gorman Township by Mud Lake. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Randall Mann and ‘unanimously carried, to table the applicant’s request until the April 1, 1999 Board of Adjustment meeting for additional information concerning the ordinary high water level of Mud Lake. Duane D. Durr - Denied Duane D. Durr, Fargo, ND, requested a variance to cover more than 25% of the total lot area with impervious surface. The property is described as Lot 4, Broadwater Beach Third Addition, Pelican Lake in Dunn Township. The audience was polled with no one speaking for or against the request. Letters from Gregory and Christi Orson, Thomas and Julie D. Herzog and Ruth Wibe in favor of the applicant’s request were read for the record. After consideration, motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that imperious surface coverage cannot exceed 25% of the total lot area and the applicant, under the direction of the Land and Resource Department, must obtain the proper permits necessary to make the required changes by June 1, 1999. The Chair also directed that a letter should be sent to the contractor advising them of the imperious surface coverage rule and of the permits necessary before undertaking grade and fill projects. fUM' c Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 RESEiV"- OTTERTVi-0 :.rcn JAN 4 1999 FERGUS FALLS, MNApplicant must be present at the scheduled hearing. To Whom it May Concern; Duane D. and Margaret J. Durr 925 4 f Ave N Fargo, ND 58102 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, January 7,1999, at 6:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 4, Broadwater Beach Third Addition, Fire# 3359 Section 7, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is: a variance to cover more than 25% of the total lot area with impervious surface. Date: December 18,1998 Dr. Tom & Julie Herzog 3686 Fairway Rd. Fargo, ND 58102 Ottertail Co. Board of Adjustment Ottertail Co. Court House 121 West Junius Ave. Fergus Falls. MN 56537 Dear Sirs: Our lake lot is Fire Number 3361 on Pelican Lake. We live immediately to the south of the cabin owned by Duane and Margaret Durr. The resurfacing of his back lot in no way affects us negatively. We have absolutely no objection or complaint to offer concerning this! Thank you. Sincerely, D Thomas L. Herzog [Jbju 0- Htrzjo ulie D. Herzog MeritCare Southpointe Department of Orthopaedics 2400 32"** Avenue SW Fargo, ND 58103 MeritCare January 5, 1999 Ottertail County Board of Adjustments Ottertail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 To Whom It May Concern: This letter is written in support of Duane and Margaret Durr and their request for a variance regarding the percentage of their lot that is covered by impermeable surface at their Pelican Lake cabin. My wife and I own the lot and cabin directly north of the Durr cabin. Our fire number is 3357. It is our understanding that there is going to be a hearing on 1/7/99. We will be unable to attend this hearing. It is our opinion that the new asphalt driveway has significantly improved the appearance of the Durr property. We feel that this adds value to the rest of the property on our beach (Broadwater) due to its appearance and the new lake home that has been built. We are strongly in favor of the board approving a variance for Duane and Margaret Durr to allow the driveway to remain in place. This driveway also improves the drainage on the back of the Herzog property as well as our property and the Durr property. We were informed by Mr. Durr of the plan to build the asphalt driveway and were in favor of its construction, as we felt this would add value to the area by improving the appearance. I hope this information has been helpful to you. If you have any additional questions, please do not hesitate to contact us. Sincerely, Gregory and Christ! Orson jao Notice of Hearing for Variance ■■■'' Otter Taii County Courthouse 121 West Junius Ave. Fergus Palis, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom it May Concern; Duane D. and Margaret J. Durr 925 41"'Ave N Fargo, ND 58102 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, January 7,1999, at 6:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 4, Broadwater Beach Third Addition, Fire# 3359 Section 7, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is: a variance to cover more than 25% of the total lot area with impervious surface. Board otlAdjustment Secretary Date: December 18,1998 *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 21st, day of December, 1998 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Duane D. Durr, 925 41^* Ave N., Fargo, ND 58102 Judy Sumpter, Twp Clerk of Dunn, RR 3;Box 193, Pelican Rapids, MN 56572 Marge Overby, Pelican Lake Assoc., RR 4 Box 159, Pelican Rapids, MN 56572 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 John Everts, RR 2 Box 434, Battle Lake, MN 56515-9492 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, RR 1 Box 4, Wadena, MN 56482 Mark Stewart, RR 1 Box 82, Richville, MN 56576 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: December 21st, 1998 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud fI LESLIE S. FAYE FDRD1 :J0HN ANDERSON DR A.PT 420 ORNGND BEACH, FL 32176-5789 i RR Yi' BOX 143 PELICAN RAPIDS, NNf,56572-8819 VERNA BALLARD TRUST AGREEMENT BARBARA NESS1030 LINCOLN AVE W FERGUS FAL..LS, MN 56537.1042.'.7410 RID(5EWAY RD GOLDEN VALLEY, MM 55427-4043I*. DONOVAN B BARBARA L FDLDEN RUTH HIDE TST ET AL ATTN US BANK SPEC I Ai. ASSETS PO BOX 64142 SAINT PAUL, MN RR 4 BOX 137A PELICAN RAPIDS, MN 56572-SS19 55164-0:!. 42 THOMAS U ELEANOR ENGLISH GREGORY CHRIST I ORSON1224 ELM ST FARGO, MD 58102-2703 4616 TIMBERLINE DR 5 • FARGO, ND 58104 EMIL CARLSON DUANE D Zt MARGARET vJ DURR1814 34TH ST S FARGO, ND 58103-4634 925 41ST AVE N FARGO, MD 58102 EUGENE ARLEEN LYKKEN/ THOMAS ?, JULIE HERZOG16515 52ND ST SE KINDRED, ND 58051-9303 3686 FAIRNAY RD FARGO, ND 58102 TODD S CARLSON BECKY OKEEFE' 1319 64TH AVE N FARGO, ND 58102-6004 DUANE H S/ GAIL ILVEDSON 242 PRAIRIEWGOD DR FARGO, ND ,58103 ■OHN CAMPBELL ET AL•v/ 1413 9TH ST S FARGO, ND 58103 I ■ i: 1 QARV A S< BARBARA A KiMUTBDNII f 4320 TIMBERLIMh DR FARGO. ND 58104-Aft34 PAUL M 2. JOAN M CAGLEY 701 VALLEY VIEW DR FULTON, IL 61252-0029 RICHARD J 2, PATRICIA R FOREST 519 22ND AVE S FARGO, MD 58103-5330 RGXAME K CASE 1550 8TH ST S FARGO, ND 58103 RICHARD 2.; RUTH SANSON 1203 25TH AVE S NODRHEAD, MN 56560-4607 MAVIS OSTER 2416 26TH AVE 3 CONDO 206 FARGO, ND 56103-5404 'I / /;// GRID PLOT PLAN feet SKETCHING FORM*_grid(s) equals //O feet, or inch(es) equals• Scale: Dated: /d . 19 Signature Please sketch your lot Indicating setbacks from road right-of-way, lake, sideyard and septic tank and drain- field for each building currently on lot and any proposed structures. 1^0 N - u' U \ fV 7^ \IV) \o7 f-(-^rrr]£- \I \ 1. \ ; i — \ • Victor Lund^fi Co/^rinlaff • FergiA^fells. MN •t-800-346-4870281.949MKL — 0871 — 029 L dd ACKNOWLEDGEMENT I UNDERSTAND THAT THR -ADMINISTRATIVE STAFF OF THE OFFICE OF LAND & RESOURCE MANAGEMENT AND THE PLANNING COMMISSION MEMBERS/BOARD OF ADJUSTMENT MEMBERS, MAY NOT BE ABLE TO VIEW THE PROPERTY FOR.WHICH A CONDITIONAL USE/VARIANCE HAS BEEN;REQUESTED DUE TO SNOW COVER. A RESULT, IT MAY NOT: BE POSSIBLE FOR OTTER TAIL COUNTY TO MEET THE LEGAL REQUIREMENT TO TAKE ACTION WITHIN 60 DAYS OF THE RECEIPT OF THE COMPLETED APPLICATION. AS I UNDERSTAND THAT IN THE ABSENCE OF A WAIVER OF THE 60 ' DAY REQURIEMENT, THE COUNTY MAY HAVE NO ALTERNATIVE BUT THEREFORE, I HEREBY AGREE TO WAIVE THE 60 DAY TIME LIMIT IN ORDER TO ALLOW TIME.FOR THE STAFF AND PLANNING COMMISSION/BOARD OF ADJUSTMENT TO DENY THE APPLICATION. TO VIEW THE PROPERTY BEFORE TAKING ACTION ON MY APPLICATION. DATED APPLICANT THIS ACKNOWLEDGEMENT IS TO BE SIGNED BETWEEN OCT 1®'^ & MCH 1^"^ FORMLTRS/6 0 DAYACK IJanuary 7, 1999 Page 3 Daniel and Donna Winkels- Approved Daniel and Dorina Winkels, ET AL.'.Sartell, MN, requested the following: ; “We would like to sell the home without platting the propertyAJhis lot will exceed the minimum requirement for a RD lake. With approval we will provide a survey drawing with a new legal description. This property is a family farm, which we recently purchased. Itis our request to the Board that we be allowed to sell the home, in compliance with all: necessary requirements. The hoitie was constructed in l|981 near the center of the lakeshore property with the driveway also crossing Parcel # R32000150117000 which we also purchased and is part of the farm. Access to the new parcel will be gained with an easement from us to any future property owners. We do no live on the property and this request is made to prevent financial hardship and to allow us to maintain the integrity of the remaining farm acreage.” The property is described as part of the Northeast Quarter of the Northeast Quarter and Government Lot 1, Section 16 of Hobart Township by Rose Lake; Leonard Schepper appeared along with the applicants at the public hearing. A letter from the Hobart Town Board stating no objections to the applicants’request was read . for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, seconded by David Holmgren and carried with Mark , Steuart and John Everts voting no, to approve the proposed subdivision with the condition that a dedicated public road, being at least 66’ in width, musLbe provided to at least the east property line of the proposed parcel and with the: condition that a registered surveyor’s drawing must be provided at the time of conveyance. Wayne Sorem - Tabled , Wayne Sorem, Ottertail, MN, requested either a variance of 58’ from the required ordinary high water level setback of 200’ and a variance of 2’ from the 18’ maximum allowable height of a non-dwelling structure for the location of a 26’' by 48’ structure, with an overall height of 20’i 142’ from the ordinary high water level or a determinatioh that the body of water is actually a river instead of a lake having a structure setback of 100’. The property is described as part of Government Lots 5, 6 and 7, Section 35 of Gorman Township by Mud Lake. The audience was polled with no one speaking for or against the request. After consideration, motion.was made by Cecil Femling, second by Randall Mann and "unanimously carried, to table the applicant’s request until the April 1, 1999 Board of Adjustment meeting for additional information concerning the ordinary high water level of Mud Lake. Duane D. Durr - Denied Duane D. Durr, Fargo, ND, requested a variance to cover more than 25% of the total lot area with impervious surface. The property is described as Lot 4, Broadwater Beach Third Addition, Pelican Lake in Dunn Township. The audience was polled with no one speaking for or against the request. Letters from Gregory and Christi^Grson, Thomas and Julie D. Herzog and Ruth Wibe in favor of the applicant’s request were read for the record. After consideration, motion was made by Cecil Femling, second by Mark Steuart and unanirhously carried, to deny the variance as requested noting that imperious surface coverage cannot exceed 25% of the total lot area and the applicant, under the direction of the Land and Resource Department, must obtain the proper permits necessary to make the required changes by June 1, 1999:; The Chair also directed that a letter should be sent to the contractor advising them of the imperious surface.coverage rule and of the permits necessary before undertaking grade and fill projects. i . *.. r- 83S748 idFdcs 0! tiouiliy Keuoraer CoLKity of Otter Tail I hsfGtjy csTiify that the within Instrujrient was fiied cia:v atISifi this office o^^o ?4San«l \m duly MicrofilTOd as Cnc.A' 5 -0/1 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK*** Application Fee o!7Receipt Number 0 PHONE ^7^/^^3 ^3PROPERTY OWNER ADDRESS /^L/C MPLAKE NAMELAKE NUMBER LAKE CLASS Z2?;14XSECTION TOWNSHIP RANGE TOWNSHIP NAME n-c>f)0- 99-PARCEL NUMBER FIRE/LAKE I.D. NUMBER LEGAL DESCRIPTIONLot t¥ SL~0&tu’tt^t SLt/tcJi /C/ TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size____Sewage System____ Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED €-/p \ ! / ut 7~y 3 36Ja (/e€' S 3/^0 S Mdt-n ^Ttid "//i_y 4 3% 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^derstanctThat other permits may be required, it is my responsibility TO contact UAN0i«CRESOURCE MANAGEMENT REGARDING THIS MATTER. 's /P//d 7SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) - Ikbr.ly' , -<bb :..'r o«t ■-> -■ U"' /,4^-•."’ die./.,/(.-■ O' ' ,•.? -'~^: b.t / -' i'.' '■. • - /. -.;, ci-. 'b'/ y . Accepted By Land & Resource L & R Official/Date /- 7 99Date Of Hearing Time Motion Duane D. Durr - Denied Motion was made by Cecil Femling, second by Mark Steuart and unanimously carried, to deny the variance as requested noting that imperious surface coverage cannot exceed 25% of the total lot area and the applicant, under the direction of the Land and Resource Department, must obtain the proper permits necessary to make the required changes by June 1, 1999. The Chair also directed that a letter should be sent to the contractor advising them of the imperious surface coverage rule and of the permits necessary before undertaking grade and fill projects. r\ Chairman/Ott/r Tail Coun :y Board of Adjustment / y 7 Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0198-001 291.306 » Victor Lundeen Co.. Printers • Fergus Falls. Minnesota ~ 'ii^'^f I)t, cL ^^P|W]C/\i'Iy ^ ^^^c|^/*'P ^id d^ dtj dl/l t /sc/„^^"7^C'CA/^t^ ■>_ _ frf7^/<^/~lcl- pVw CC(‘/(/^'c/-^' 6 i-W ^c*^4 ^^o ^ /'lJ(f,-/eJ 4- 'f^'vl'^ /</ iOx.-(-[-^ ^oUftLi^v i i'd k (5^ S JS0\JC\- /v tSV^'c-'l-^.&-w^ ( i-%1*^ cU I^ce3 I / “-I'P'rT ~(^ (d Vv c^ d I i i-U.-^'f ('P A-n d X fV. La/n.YcO ivv3 y^v -c U1 OcAdvcf V<ivc4of \U/\ > [S(ni A ,. /X ia*ii ^ Lc^'fiy'- '^(i L tvn4i ( cf/d•v/ l«/^C -C( <-V/V c^P ? 5p/l>A.^/ 4AXV 4^X1 £UY 'I' f cu[j let\ ' foo ^ 3S<^S^<4^^ P/ Jj