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Home My WebLink AboutHolly's Resort_02000280226002_Variances_10-09-2014ID- H-JIDIC/ DOC# 1150121 " llllllliiliiOFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded Octobers, 2014 10:00AM Brian Armstrong, Recorder Returned To: land & RESOURCE 1150121 Fee: $46.00 Well Certificate [ ] Rec'd Date Stamp RECEIVED SE? 1 2 .1 UND A RE80UflCE By: LL /\n\^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 t)C() OO Receipt Number OUt) 0,COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date daytime phonePROPERTY OWNER MAILING ADDRESSPUdjilSfam. pT/H-l I? i-/XK€- fVlM LAKE NUMBER ‘O OO LAKE NAME OH-grl-cui LAKE CLASS TOWNSHIP RANGE Hi) TOWNSHIP NAMESECTION Bfc-lKjz-UatX Air'i.isVlAa. Dr U)( 9 azooo2^022UCX)Z 0lDJCf=f\0^O\(WPARCELNUMBER L>2C(Xi‘^A03^°)DQQ 020CU^OS \0CJJO 0 2-OCVHHO^^OOOO 02Cm2S^02?SDfm E-911 ADDRESS 1 LEGAL DESCRIPTION See A ASucVwd Ue^ek* TYPE OF VARIANCE REQUESTED (Please Check) structure 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.^ f\pphCDn\- seees tx utin'anGe 4o cS Hoilu'. oWerHoj] uu<e as i4- has he£/\a\\ is - "Tne \]oHya(\(Ji \S necessaru 4o pul Pi U oa ac^p€epf)e^^ (JO >4\A yU^aWb to onct Sue Sujeos^n ^ Per an ^choaAa cP pspeku -Po katuiA oj^VicU\-H (5 booo^, toe Cofwp[HJr\CA cP lOnd -tVcytUTf. uohl res;if is Appl'toV vylPaa o. m.S'M ao'Y. fmxacf land uupen uJatoh fo operctjjb Palas btoh atoer Avicur to 5-,o acoe tou\^emenf to k-e^-to w\ji crc\\r\c^Dcji (w^uirerA^of)■ Tner-e uoiit to vso evaanoe in to oc&rs<Jr'0n cP Mne AeSorVif to \J(Xf\nnfYa. is aroA^A. Tne oracHrixO ^ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ___________ f\Ws C Vaj^V OF PROPERTY OW>i^R / AGENT FOR OWNER 'S-W V M SIGNATURE DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) ,^4C' u:^4 • Victor Lundeen Co Printers ■ Fergus Falls Minnesota 0*c,>c^ ‘\x) «- Vn^ \)) <5. ^c_vo:, t''>><_'w o^r ^ V t ^ v.^<^ ^i'^VvV^*~ \Z^"lH w>^ r*^'^^'v /3-/- J c^a'/^•aoDate Of Hearing Time Motion Thunder Shores Inc. - Variance application approved as requested with a condition. (8:00 p.m.) After consideration and discussion, Paul Larson made a motion, second by Robert Schwartz and unanimously carried, to approve the proposed subdivision as stated in the variance application dated September 18, 2014 with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. The granting of this variance will settle an outstanding legal matter. Chairman/OttePTail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 ^ October 9, 2014 Page # 3< Bradley and Amber Bender-Variance application approved as requested. (7:33 p.m.) Bradley and Amber Bender, part of Government Lot 5, Section 3 of Lida Township by Crystal Lake, requested the following: Addition to existing dwelling, approximately 48’ from high water. New addition will not be closer to the lake than existing structure. Amber appeared on behalf of the applicants. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Robert Schwartz and carried with Steve Schierer voting no, to approve a variance of 52’ from the required ordinary high water level setback of 100’ for the placement of the proposed development as described in the variance application dated September 17, 2014 48’ from the ordinary high water level. It was noted that the proposed development will be no closer to the ordinary high water level than the existing development. The member voting against the motion expressed concern with the placement of the proposed development in the shore impact zone. Steven Berndt - Variance appiication approved as modified and with a condition. (7:40 p.m.) Steven Berndt, Lot 3 Block 2 Jacobson’s Pelican View Subdivision, Big Pelican Lake in Dunn Township, requested the following: Property as purchased currently has 29.6% impervious surface. Proposed additions to covered porch add 240 square feet. Removal of part of lakeside deck and some sidewalks removes 321 square feet. Net result would be 29.2% Impervious surface. Proposed addition decreases setback from ordinary high water level to 70’. The audience was polled with no one speaking for or against the variance as requested. It was noted that the applicant’s proposed development would be 68’ from the ordinary high water level as determined by the Land and Resource Department instead of the requested 70’. The applicant noted that as a result of the Land and Resource determination, the proposed 8’ by 20’ addition will be reduced to 6’ by 20’ to keep the proposed development 70’ from the ordinary high water level. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried to approve the variances for the proposed development as described in the variance application dated September 14, 2014 and as depicted on the drawing submitted with the application noting the reduction in size from 8’ by 20’ to 6’ by 20’ with the condition that before a permit can be issued for the new development the portion of the lake side deck identified for removal must be removed. It was noted that the proposed development will not obstruct view from the adjacent properties and the proposed development will reduce the overall Impervious surface coverage from 29.6% to 29.2%. Henry Kohler - Tabled. (7:49 p.m.) Henry Kohler, part of Government Lot 2, Section 23 of Otter Tail Township by Long Lake, requested the following: I am requesting a variance of 40’ from the ordinary high water level setback of 100’ to construct a home 60’ from the lake. In the case that this variance is granted I would be turning in a request to the Planning Commission asking for a permit for a cluster development allowing me to construct the home without the removal of the existing cabin. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion and with the applicant’s verbal consent, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to table this hearing until a future meeting date to allow the applicant an opportunity to consider other alternatives, for example - platting. Thunder Shores Inc. - Variance application approved as requested with a condition. (8:00 p.m.) Thunder Shores Inc., dba Holly’s Resort, Lots 27 and 28, Augustana Beach First Addition, Lots 32 and 33, Recreation Beach and part of Government Lot 3, Section 28 of Amor Township by Otter Tail Lake, requested the following: Applicant seeks a variance to continue the operation of Holly’s Resort on Otter Tall Lake as it has been and is presently operated. The variance is necessary to fulfill an agreement with neighbors, Don and Sue Swenson, for an exchange of property to which applicant is bound. The completion of the land exchange will result In applicant having a 4.84 acre tract of land upon which to operate Holly’s Resort rather than the 5 acre minimum requirement of the ordinance (.16 acre less than the ordinance requirement). There will be no change In the operation of the resort if the variance is granted. The practical boundary of Holly’s Resort will remain the same. We have deeded the 7.5 acre tract, but it could not be recorded as it left the substandard 4.84 acre tract. Therefore, we are proposing to split a 12.34 acre parcel Into the 7.5 acre tract and the remaining 4.84 acre tract. a, October 9,2014 Page # 4 Thunder Shores Inc. - Variance application approved as requested with a condition. (Continued) Kris Svingen and Paul Jensen represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Robert Schwartz and unanimously carried, to approve the proposed subdivision as stated in the variance application dated September 18, 2014 with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. The granting of this variance will settle an outstanding legal matter. Jon and Debra Opatz - Approved the variance for the dwelling as requested and denied the variance as requested for the shed. (8:05 p.m.) Jon and Debra Opatz, Lot 12 Preston’s Lakeview Beach and Lot 1 Block 1 Preston’s Lakeview Beach First Addition, Jewett Lake in Elizabeth Township, requested the following: Add a 12’ by 24’ addition to dwelling. Lift up existing 18’ by 24’ portion of dwelling to replace foundation or replace this section. New roof over entire dwelling (existing dwelling 44’ from ordinary high water level). Requesting 3T variance for addition and dwelling from the required ordinary high water level required setback of 75’. Remove existing sheds, replace with 10’ by 15’ shed. New shed will be no closer to ordinary high water level than existing sheds (approximately52-55’). The shed will be 12” from the property line. Requesting a 9’ variance from the required side lot line setback of 10’ for placement of the replacement shed one foot from the side lot line. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 3T from the required ordinary high water level setback of 75’ for a 12’ by 24’ addition to an existing dwelling and for the proposed improvements to the existing dwelling as detailed in the variance application dated September 18, 2014 and to deny the variances as requested for the proposed shed replacement project. The variance as granted does not directly or indirectly grant any other variances for the proposed or future development. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:15 p.m. Note - Upon adjournment the Board went into a closed session to discuss pending litigation. A copy of the Notice of Appeal has been attached to these minutes. Prepared by: Wayne S(^in, Secret:'A The minutes were mailed on Monday, October 13, 2014 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. SCALE DRAWING FORM 0X00022 OQd ip ooo 00CW^^\ OO (jc\00 o c> Oc^OVOcQcoo ^OAODQQO__QBmciogmao cwTax 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). L^'\1^] -\Vv fcira''-Scale 1. T. i r?vnT\ r ^6 I K///7 \\, \ I ?r «Vf ' —L. oO^v- Signature of Pro^rty Owner ^ ' O'! SCANNED^VV- \ Date BK —032014 354,120 • Victor Lundeen Co. Printefs • Fergus l*alls, MN • 1 •0OO346-487C IMPERVIOUS SURFACE CALCULATIONii List & identify all existing & proposed onsite impervious surfaces on scale drawing. Signature:"^ v: v> Lot Area (ft^): ^ L2 \3S'n (-(Date: \•«^w Other Impervious SurfaceBuildings Existing ProposedProposedExistingFt^Ft^Ft^Ft Dwelling Attached Garage 116^Deck(s) Patio(s)9)101 Sidewalk(s)Detached Garage hW-\nup2. Landing(s)HHDStorage Shed Driveway(s)WOAS cyv^ 6r.n r Y\(99i Parking Area(s)RCU J10D%Miscellaneous SVt?.Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous (joJf''' Pl/KpVlOUSC 10.[P ISOPi'3V\ VV0US€^mo f6na/d I nrx.jp K IQO%UgLar^(i(^ii_______ TOTAL BUILDINGS Wl ‘&5H1TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Proposed Total Lot AreaExisting Ft^Ft^Ft^Ft^Total Buildings o ■r ld:dLp 100+-i-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Total Lot AreaTotal Buildings + Other Impervious Surface Existing Proposed Ft^Ft^ Ft^Ft^ 0 I I 100+-r X Impervious Surface Calculation Worksheet 03-25-2014 Notice of Hearing for Variance 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.usOTHRTAIt Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Thunder Shores Inc. dba Holly’s Resort 36294 Augustana Drive Battle Lake, MN 56515 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, October 9, 2014 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 shouid contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as Lots 27 and 28, Augustana Beach First Addition, Lots 32 and 33, Recreation Beach and part of Government Lot 3„ Property Address - 36294 and 36309 Augustana Drive Section 28, Township 134, Range 40 - Township Name - Amor Lake No. 56-242, Lake Name - Otter Taii, Class - GD The variance requested is - the foiiowing: Appiicant seeks a variance to continue the operating of Hoiiy’s Resort on Otter Taii Lake as it has been and is presently operated. The variance is necessary to fuifiil an agreement with neighbors, Don and Sue Swenson, for an exchange of property to which applicant is bound. The compietion of the land exchange will result in appiicant having a 4.84 acre tract of iand upon which to operate Holly’s Resort rather than the 5 acre minimum requirement of the ordinance (.16 acre less than the ordinance requirement). There will be no change in the operation of the resort if the variance is granted. The practicai boundary of Hoiiy’s Resort wili remain the same. We have deeded the 7.5 acre tract, but it could not be recorded as it ieft the substandard 4.84 acre tract. Therefore, we are proposing to split a 12.34 acre parcei into the 7.5 acre tract and the remaining 4.84 acre tract. Stein Board of Adjustment Secretary Date: September 19, 2014 scani;ld 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 September, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Thunder Shores Inc., Attn Hollys Resort, 36294 Augustana Dr, Battle Lake, MN 56515 9345 Otter Tail Lake Assoc., OTLPOA, PO Box 21, Battle Lake, MN 56515 Brenda L Hildrebrand, Twp Clerk of Amor, 30411 Amor park Rd, 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 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56582 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: September 19, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment V/-A..^By: Vi Manderud 1 *. PAUL G& ROBIN L BAKKEN 16610 45TH AVE N PLYMOUTH, MN 55446 2038 CORRINESASTRUPTST 1905-B BURR OAK DR AUSTIN, MN 55912 2933 PAMELA AASNESS ETAL 15405 HIGHLAND LAWNS CT HOPKINS, MN 55345 5502 BERG TST ATTN LON C BERG PO BOX 85308 TUCSON, AZ 85754 5308 JENNIFER CHRISTENSEN CIKANEK 209 GLENWOOD CT GREAT FALLS, MT 59405 4137 ROBERT CHRISTENSEN 24736 STATE HIGHWAY 78 BATTLE LAKE, MN 56515 9149 DOROTHY ECKERT HOLLY OAKS COTTAGES & APTS 3323 THORNTON LN OFC K1 TEMPLE, TX 76502 1749 DON & SUE'S LLC 36432 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 STELLA M FOX 411 E EVERETT AVE #157 FERGUS FALLS, MN 56537 3535 ROSS & KELLY HAGEMEISTER 36225 AUGUSTANA DR BATTLE LAKE, MN 56515 9345 FRANCISCAN SISTERS OF L FALLS 116 8TH AVE SE LITTLE FALLS, MN 56345 3597 ELSIE GRIFFITH 71114TH AVE N # 113 WAHPETON, ND 58075 3600 MARTIN J & C HOLLAND HATLIE 33 HURON ST W APT 401 CHICAGO, IL 60610 3773 JOHN C & SYLVIA F HANSEN 710 1ST AVE NE HILLSBORO, ND 58045 4730 HARKINS TST 7859 RAVEN CT DR BOULDER, CO 80303 3227 STEVEN J & BARBARA 0 JENSEN 36309 AUGUSTANA DR BATTLE LAKE, MN 56515 9361 GARY & MICHELE KEZIOR FAM TST 1024 E 5285 S OGDEN, UT 84403 3904 PAUL S& SARAH B JENSEN 1802 SHOREVIEW DR FERGUS FALLS, MN 56537 4212 HOWARD & BARBARA MAKI 36420 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 STEVEN BLUNDEEN ETAL 30 ALYSSA DR MEDIA, PA 19063 4547 LENTHETST 5505 MOCKINGBIRD LN DALLAS, TX 75209 5608 KEITH & OLIVIA MELROE 312 67TH AVE N MOORHEAD, MN 56560 6402 JEANNE MELROE 36382 AUGUSTANA DR BATTLE LAKE, MN 56515 9345 ANN MARIE ECKERT MCBRIDE 3323 THORNTON LN OFC K1 TEMPLE, TX 76502 1749 STEPHAN & C ANDERSON MELSTED 8242 FILLMORE ST NE SPRING LAKE PARK, MN 55432 2066 ANN B SMITH 202 7TH AVE N WAHPETON, ND 58075 3954 LANDON PETERSEN JR 36468 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 GARY & DAVID D SPIES 2806 LAKEWOOD DR FERGUS FALLS, MN 56537 3956 GARY SPIES ET AL 2806 LAKEWOOD DR FERGUS FALLS, MN 56537 3956 DAVID D SPIES 36408 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 SUSAN ANN SWENSON TSTEE 36432 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 DONALD C SWENSON 36432 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 JANICE SPIES 36408 AUGUSTANA DR BATTLE LAKE, MN 56515 9346 THUNDER SHORES INC ATTN HOLLYS RESORT 36294 AUGUSTANA DR BATTLE LAKE, MN 56515 9345 JOAN VOGEL TSTEE 2304 POLY DR BILLINGS, MT 59102 1535 WDMB LLC 852 RIVER BEND RD OXBOW, ND 58047 5014 ZIMMERMAN TST 6905 EDENVALE BLVD EDEN PRAIRIE, MN 55346 2510