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Home My WebLink AboutBarky's Resort_02000320263000_Variances_09-03-2009OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA1063180I hereby certify thatthis instrument # 1 063180 was filed/recorded in this office for record on the 10 ih day of 2009at //’3C) rder 5r received SEP 11M09 WendyL^etcalf, County R^^o bV!V/g.QC/ rhc/recording fee well certificate Deputy land & RESOURCE 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 ce3.1^-Application Fee 143 (s'?!- Mi COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date Mcxfc, u y\d Ka C-j\Jtne n iajo Ic) (94k Tai I PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS c LAKE NUMBER-5(t'' ^ 4 AhLAKE CLASSLAKE NAME AmorSECTIONSD15HTOWNSHIPRANGETOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS GjunFy LEGAL DESCRIPTION /Mec cAic W-l 14 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback K 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. uiil cvYe. ret|ue"s4nrt^ -Vo repWrel 4he torrevAV mobile ho<v,e, ldAVs c\ morb). Tt' rep\rxre. corVVv i-he. r crreyal- oy^\y 'b 'Vhe. '-y/oop ~IO'S) i-Ke one cod- co;re/\Tly nave Lo'ci 5»c\e\\rTe. *3e-V bcu VC +hEL f\<2LO‘^'T cy\ S-hei- brvme. spoV cobaK is -Vrom ~Vbe 5oc4K 1l»V \Jo-i~ iCifxere" oV 33-’ - X) isVcTnr e. Ar'cxv^ /orf li)TtS. i ij v^.'Fh in v~r,t W iTeciovf evYTT>A-4-S ( LArriT 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. ci^ve 3L<-^v\e c cvvc\ \/AY\(Xnce m-V-KC iniOYfAch 5D* I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ^ '/o - o y SIGtJSrURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 7a7 /?fn.TimeDate Of Hearing Motion Barky’s Resort - Approved the variance as requested with a condition. (7:07 p.m.) After discussion and consideration, Randall Mann made a motion, second by Robert Schwartz and unanimously carried, to approve a variance of 32’ from the required lot line setback of 50’ for the replacement of the existing 14’ by 70’ mobile home (Unit 8) with a newer 16’ by 80’ model 18’ from the south lot line with the condition that the new unit must be placed behind the 1®* tier line as shown on the proposed site plan submitted with the variance application; however, the new unit must be placed no closer than 50’ from the rear (west) lot line. It should be noted that if placement of the new unit behind the 1®* tier line results in the unit being less than 50’ from the rear (west) lot line than the unit should be placed 50’ from the rear (west) lot line and the unit would be allowed to extend in front of the 1®' tier line to avoid encroaching into the required rear (west) lot line setback. airman/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, Co. Assessor and the MN DNR L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota f ------ iiony aaiu ................ - Y i'joiu the pomi tifhcginning. Ihcncc SoulJi 89 ilcgrtcs minuies 1-4 iccm.u:* .............. jinicc Suuili I lo.'di 8'-I jhc; ()/' 2(M 68 CoilUiriing 21,OK) square I'cct more or less F PARC El. E All tliai part of Goveniment Lot 3, Section 32, Township 134, Range 40, Oiler fail County, Minnesota, tlescribetJ as follows: !• ; r Commencing at the South Quarter corner of said Section 32, thence on an assumed bearing of Nortli 88 degrees 21 minuies 10 seconds East along the south line of said Section 32, a distance of M55.56 feet; thence North 11 degrees 49 minutes 22 seconds West a distanceof 1802.87 feet; thence North 0 degrees 15 minutes 45 seconds West a distance of 500.00 feet to the point of beginning of the land tu be described; thence continuing North 0 degrees 15 minutes 45 seconds West a distance of 169.53 feel; thence North 89 degrees 46 injnules 14 seconds East a distance of 211.18 feet to the centerline of Conniy Stale Aid 1 lighway No 72; thence South 1 degree II minuies 35 seconds East along said centerline, a distance of 169.60 feel to the inlet section willi a line which hears North 89 ik-grecs 46 minutes 58 seconds liast from the point of beginning, thence Soul!i 89 degi ees 46 minuies 58 seconds West a distance of 21.1 9.3 i'cet to the point ol'bcginniiig. Containing 36,038 square feel more or less. i i^-1'.iijsicomls East :5ince of id to be 18 minutes 07 ;s 35 seconds econds East inning. J"-' tl VV. f ; . '1-CI-1cf !' lart of Government Lot 3, Section 32, Township 134, Range 40, Oiler Tail County, Minnesota, described as follows:;j i I e South Quarter corner of said Section 32; thence on an assumed hearing of Norlli 88 degrees 21 minuies 10 feionds East ancjof 148.19 I; I* Commencing along the south line 1802.87 feet to the point feet; thence South 89 degrees r'1,aid Section 32, a distance of 1455.56 feel; thence North 11 degrees 49 minutes 22 seconds West a di ginning of the land to be described, thence North 0 degrees 15 minutes 45 seconds WesL^^^ inutes 28 seconds East a distance of 18.02 feel; thence South 00 degrees 54^g^'^?s32 secou|West _ distance of 147.85 feel to I’ne inters^fcw^n with a line which bears North 89 degrees 44 minutes 15 scci)nj^lgifstborn ihe'pbint cifeginning; ds West a distance of 15.00 feet to the point of begjMufg! -■X seconds East Ijance of ipd to be [46 minutes 26 Ijes 3 5 seconds II seconds East iginning. P9., - ;a thence South 89 degrees 44 minutes 15 si f ? t Containing 2,444 square feet more or less. .iitCEI All that part of Government Lot 3, Section 32, Township 134^ffnge 40, Olre^Jail County, Minnesota, described as follows 7i:m j- ■I;1^;Commencing at the South Quarter corner of sa|^S^rclion 32; thence on an assumeffsj^ring ofNorih 88 degrees 21 minutes 10 sfends Oast along the south line of said Section 32. ^^sftmee of 1455.56 feet; thence North 11 degN^^s 49 minutes 22 seconds West afdistarlbf 1802.87 feet to a point to be hcrcin^ei^ferred to as Point "A"; thence North 0 degrees 15«i^^les 45 seconds Wesj:;a distaric(|i500,00 feet to the point of beginning nj^ireland to be described; thence South 0 degrees 15 minutes 4?^opds West a distance of 351 tfeei; thence South 89 dcgrees^*#unutes 28 seconds East a distance of 18.02 feet; thence South 00 degrefeg^ minutes 32 seconds \|t a distance of 147.85{hfi(^ the intersection with a line which beers North 89 degrees 44 minuies 15 East iraathe above referdncilppinl "A"' thence North^^i^^recs 44 minutes 15 seconds East a distance of 210.78 feet to the centerline of County StaH^d nighy/ay N(72; thence said centerline, on a non-tnngential curve, concave to the east, having a radius of 23,011.97 feel,,r^^J^ apglei o.flegree 0| 54 seconds and a chord bearing of North I degree 42 minuies 32 seconds West, for an arc djsiance of 414,34 ife^uhenK/orih 1 11 minuies 35 seconds West along said centerline, a distance of 85.64 feet to the intersection with a line which bp^r^^n|89 degrees 46 minutes 58 seconds East front the point of beginning, thence South 89 degrees 46 minute's 58 seconds West d distanlf 213.93 feet to the point of beginning. ^ !■'1 hvs■ t- ■ - .iIp seconds East |ar,ce of , bd to be '46 minutes 22 jes 35 seconds seconds East ; 3 northerl mi m-m; '•.^inning.1^3: pi-I btContaining 107,049 square feet more or less.r i■rp ■ ■: September 3, 2009 Page # 2 Resort - Approved the variance as requested with a condition. (7:07 p.m.) Barky’s Resort, part of Government Lot 3, Section 32 of Amor Township by Otter Tail Lake, requested the following; We are requesting to replace the current 14’ by 70’ mobile home with a newer 16’ by 80’ model. To replace with the current size we are finding only models in the same age group (early 70’s) and same condition as the one we' currently have. We request a variance from the normal 50’ sideline setback to place the newer model on the same spot which is 18’ from the south lot line. A variance of 32’. Distance from east lot line is within the setback . requirements. (Unit #8) The audience was polled with no one speaking for or against the variance as requested. A letter from Charles H, Grotte, P.E. with the Otter Tail County Highway Department in opposition to the Variance as requested was read for the record. After discussion and consideration, Randall Mann made a motion, second by Robert Schwartz and unanimously carried, to approve a variance of 32’ from the required lot line setback of 50’ for the replacement of the existing 14’ by 70’ mobile home (Unit 8) with a newer 16’ by 80’ model 18’ from the south lot line with the condition that the new unit must be placed behind the 1®' tier line as shown on the proposed site plan submitted with the variance application; however, the new unit must be placed no closer than 50’ from the rear (west) lot line. It should be noted that if placement of the new unit behind the 1 tier line results in the unit being less than 50’ from the rear (west) lot line than the unit should be placed 50’ from the rear (west) lot line and the unit would be allowed to extend in front of the 1®‘ tier line to avoid encroaching into the required rear (west) lot line setback. Paul Piepkorn - Approved the variance as requested. (7:16 p.m.) Paul Piepkorn, 2.5 acres in the North Half of the Southwest Quarter, Section 7 of Deer Creek Township, requested a variance of 30’ from the required road right-of-way setback of 40’ for the placement of a 30’ by 48’ pole shed garage 10’ from the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Charles H. Grotte, P.E. with the Otter Tail County Highway Department in support of the variance as requested so long as no other structures are placed within the 40’ setback area was read for the record. After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to approve a variance of 30’ from the required road right-of-way setback of 40’ for the placement of a 30’ by 48’ pole shed garage 10’ from the road right-of-way. It should be noted that the approval is based upon the letter submitted by the Otter Tail County Highway Department. Ronald Buelow - Denied the variance as requested. (7:20 p.m.) Ronald Buelow, part of Lots 3, 4 and 19 Claude Moodys Beach, Elizabeth Township by Long Lake, requested a variance to construct an addition to our existing cabin, within the ordinary high water level standard as shown. To the east, we request a variance of 24’. To the north, we request a variance of 2’. In both cases we have stepped back the proposed addition in order to build no closer to the ordinary high water level than our existing cabin. The small addition to the east is necessary in order to enlarge the small existing kitchen. The audience was polled with Mary Jo Schwarz, John Wojtalewicz and Lois Tassler expressing concerns with the variance as requested and with the current use of the property. Letters from Jane and Robert Bellman, Marilyn Thompson and Gayle and Michael Heiden in opposition of the variance as requested were read for the record. After discussion and consideration, Steve Schierer made a motion, second 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 as the applicant has adequate room at the required setback for development and can obtain a reasonable use of his property without the granting of the variance as requested. It was also noted that the applicant currently has a non conforming situation because there are three living units on the applicant’s property. Carol Lea Skinner Revocable Trust - Approved the variance as requested with a condition. (7:50 p.m.) Carol Lea Skinner Revocable Trust, West Half of Lot 9 Evander Beach, Eagle Lake in Eagle Lake Township, requested the following; Raise existing cabin to road level, construct deck and walkway for handicap access. Maintain current 3’ setback (required 10’) from west lot line. Place deck within building line setback from lake. All construction would be approximately 42’ from ordinary high water level, than the required 75’ setback. At the hearing the applicant noted that the development would be approximately 44’ from the ordinary high water level. 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 Thomas Lee and unanimously carried,.to approve the proposed development as described in the variance application dated August 12, 2009 and as depicted on the drawing submitted with the variance application, noting the change from 42’ to 44’, and with the condition that the proposed development must be placed 8’ from the west lot line. Phone 218-998-8470 Fax 218-998-8488 Richard West, P.E. County Engineer OTTER TAIL COUNTY HIGHWA Y DEPARTMENT 505 S. Court Street, Suite 1, Fergus Falls, MN56537 August 25, 2009 Mr. Wayne Stein Board of Adjustments Secretary 510 Fir Avenue W Fergus Falls, MN 56537 RE: Right of Way Setback - Variance for Mobile Home CH No. 145 28484 Co. Hwy 145 Dear Wayne: The mobile home should be placed with the required 20’ setback from the County Highway right of way line. If you have any questions or require additional information on this matter, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department (4 /9oe^iA Charles H. Grotte, P.E. Assistant County Engineer CHG/mk cc: Richard West, County Engineer V Land & Resource Management Office File AN EQUAL OPPORTUNITY/AFFIRMA TIVE ACTION EMPLOYER NOO®l5'45"W163.^'" iPARCEL F i?IOAREA CALCULATIONS !D EXISTING o O'STORASE Z lii o 03 ^PROPOSED 1 EXISTING (SARASE EXISTIN6 7PAILER/PORCH/DECK = 1,400 S.F.<oIS'xSO PROPOSED TRAILER/POROHW/ FISH OLEANINO = 1,400 S.F.QISTORA6E St«r?I2&S.F.TRAILER $ LEAN-TO S liu &ARASEA£AN-TO/FISH CLEAN s 1^60 S.F.EXISTING CONCRETE DRIVE lOlO S.F.a14'xTO'r#CN i- TOTAL S.F.= 5,246 S.F.TRAILER TOTAL SITE = 30,443 S.F.is:Iz TOTAL IMPERVIOUS =r: SLO = \1A% TsOEXISTING TRAILER, mSCREEN PORCH i DECKI 00* rn ’'I LTlNOIT) ■f E<I UJhiQ. O LU bDLOiLU00 LU >< Qc£.mIEDCE OF EXI5TINC PAVIN6 oiLn so inoo H1 XoiCD O qJ I- q:: oCO LU I 1/5HUJLU CO LUbXI u </h-lO b CO 5PROPOSED SITE PLAN LU zr^ll z[NORTH 5Q.SCALE - I" = 40'-0" aTHE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PERMITAPPLICATION FOR CONDITIONAL USE 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 ^310- Application Fee COMPLETE THIS APPLICATION IN BLACK INK SorKy'S MAILING ADDRESS COOH'I'y jkjULj NS (jAkC , 0)=kr I Receipt Number . Accepted By / Date DAYTIME PHONEPROPERTY OWNER(S) 6DLAKE NUMBEr/tU-LAKE CLASSLAKE NAME An'^rir _______ (})x)n-ki N5' 13^VO TOWNSHIP NAMETOWNSHIP RANGESECTION QACO0-^3~('O5^i-0o3 E-911 ADDRESS PARCE NUMBE LEGAL DESCRIPTION . (f-f CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Cluster Development Extractive Use Industrial UseTopographical Alteration__ Commercial Use Forest Land Conversion__ Miscellaneous__ SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. CDnc^\\\Oaa\ pe-^ rvx'i-V cc:.rtV\na^(X r ^ y:.) moYDll-e \r\omc. • lx>A\ OS R€-5ot-\-; buV CN uu'iA-W )[^-G^-eY n'vmV)jer c>(- uaxVs.be \T^c^eas>^^^ \0 R€vi.-1xa.^ U.(ai45 voi+b 1 lAL/uUr YeiaFcLl [Z-e(y^^s+ pef Ki.'f fo j>e s/clIlJ yhfil 0^4 Z-^l K kct lAj^no I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ^ /O — -ofA- DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING &2‘i±iAoclicant Will Receive Notification As To The Date/Time Ojjfearinq)TS;:.;