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Home My WebLink AboutPocahontas Resort_14000180149000_Variances_11-14-2013II-I^-A012 DOC# 1137070 1137070 Fee; $46.00 Well Certificate [ ] Rec'd Date Stamp OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: November 20, 2013 11; 15 AM Brian Armstrong, RecorderOCT 1 4 2013 LAND S resource Returned To: land & RESOURCE By: NDB /IryujL&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 ^‘^hP 0(P /huj /ol/9li^. COMPLETE THIS APPLICATION IN BLACK INK PccjxhcnitiS Ifl^scr-h ll(L Receipt Number _ Accepted By / Date DAYTIME PHONE 1 L>^PROPERTY OWNER MAILING ADDRESS LAKE NUMBER LAKE NAME ^y/7TowNSHip y35 _____ 1 1 D'H \ OOO \ Q ^660 \ M OCOOO^^J Cc) 3)Qro 1 ucLAKE CLASS ry-AtQ LAKb ro -Ru^c/ 3>S SECTION ^RANGE TOWNSHIP NAME PARCEL NUMBER ADDRE LEGAL DESCRIPTION VT S^cT \-} fr \ S^cV 8 TYPE OF VARIANCE REQUESTED (Please Check) structure Setback V'^^tructure 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.*^D S\‘=cVi UO\l\ KoK '-«->cx(.\A "Vc? 'C*- \j^ p cmt t \re 0-1^ -Cxi'b'V \j a^v- I'Cc. c; , Ur «. C'.- arto. \‘tv-VLe. ^ A\.-SO Oy\ l \ ■^bc:T*r c e. ^ O^ViVCc Wv \CXVL-VC.U) He w +^U. >1^ -VUL-> U-<L SVot^Oj^ ^ t^Ave^V'-hJiT V.-I ptiipei'b jq (O'/M'Ise'-swupiu Aiwvjj i ^ i ? ^ Vjo\c Vw -Vo 6iV’ ^ \id axiceSS Vob'-. boo.\ Hwnck V \jreQ-V V <Xw^■CpY^Ce. ( a\-SM ^CJUb,e>.'Vvgu)v \yi ht>Y\ U|UO-'^‘b -VUL'> ^»rc;Fe.T'\x-v h vwe.,,1: ’ 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. 3a t ih^c A SIGNATURE 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) 34? 194 ♦ V'cto' Lundeen Co Printers • Fergus Falls Minnesota 'P. '/tDate Of Hearing Time Motion Pocahontas Resort LLC - Approved the ordinary high water ieve! request and denied all other requests. (7:18 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Rod Boyer and unanimously carried, to approve a variance of 22’ from the required ordinary high water level setback of 200’ for the placement of a storage building 178’ from the ordinary high water level with the condition that all other requirements of the Shoreland Management Ordinance must be met. Concern for public safety was the reason stated for the denial of the road right-of-way and side lot line setback requests. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 November 14, 2013 Page # 2 Alison Tomlinson - Approve the variance application as requested. (6:56 p.m.) Alison Tomlinson, Sub Lots B and C, Section 30 of Tordenskjold Township by an unnamed lake, requested the following: Requesting a variance of 135’ for the construction of a 10’ by 48’ east deck 65’ from the ordinary high water level and also a variance of 125’ for the construction of a 6’ by 36’ north deck 75’ from the ordinary high water level. Also requesting a variance of a 5' 4” by 1T 6" porch 10T from the ordinary high water level. Property was at a 75’ setback, was reclassified about two years ago and project has been under construction since 1999. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 135' for the construction of a 10’ by 48’ deck (east side) 65’ from the ordinary high water level, a variance of 125’ for the construction of a 6’ by 36’ deck (north side) 75’ from the ordinary high water level and a variance of 99’ for the addition of a 5’ 4" by 11’ 6” porch 101’ from the ordinary high water level in the locations as depicted on the drawing submitted with the application. The variance as approved does not alter the general character of the neighborhood. It was also noted that this is old unique farm site. The variance as granted does not directly or indirectly grant any other variances for this property and should not establish precedence for any other properties because of its uniqueness. Robert J. and Geraldine Schoener - Approved the variance application as modified with conditions. (7:06 p.m.) Robert J. and Geraldine Schoener, Lot 7 Block 1 of Engstrom Beach, West McDonald Lake in Edna Township, requested the following: Proposing to replace the existing septic tank with a holding tank. The proposed holding tank will be located approximately 9’ into the road right-of-way and 17’ from the traveled surface. The existing road (Engstrom Beach Road) has a 66’ road right-of-way. Joe Weller, System Installer, appeared with the applicants at the public hearing. The audience was polled with Margaret Wheelden speaking in support of the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Rod Boyer and unanimously carried, to approve a variance for the placement of a 1600 gallon holding tank as far away from the road as practical/possible with the condition that all other setback requirements must be met and with the condition that a letter of approval must be obtained from Edna Township. It was noted that the recommended installation area is consistent with other systems in the neighborhood and there is perhaps no other location available. Linda Jones - Approved the variance appiication as requested. (7:16 p.m.) Linda Jones, Lot 3 Mullen’s Highway Acres, Round Lake in Maine Township, requested the following: Requesting to have lot declared buildable for single family residential use. The lot currently has 80,500 square feet of area and 248’ of lot width. Required for a back lot is 400’ of lot width and 160,000 square feet of lot area. This lot was recorded October 12, 1972. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Thomas Lee and unanimously carried, to declare Lot 3 Mullen’s Highway Acres buildable for single family residential use. It should be noted that the variance as approved does not directly or indirectly grant any other variances for existing or future development. Pocahontas Resort LLC - Approved the ordinary high water level request and denied all other requests. (7:18 p.m.) Pocahontas Resort LLC, part of Government Lot 1, Section 8 and part of Government Lot 3, Section 17 of Dead Lake Township by Dead Lake, requested the following: We are requesting a variance to build a storage building on an existing cement slab which will not change our impervious surface area. We would like to request a 22’ variance from the lake. Also an 1T variance from our fence (also an easement line for the public boat launch). Required setback is 20’ from easement line. The building would be 38’ by 80’ not over 20’ tall. After 46 years on this property we have outgrown our storage area for needed equipment. The proposed structure will be located 8’ from the road right-of- way. Requesting 12’ variance. The audience was polled with Randy Knaust expressing public road safety concerns and vision obstruction issues. A letter from the Otter Tail County Highway Department stating that the proposed development should be 20’ from the road right-of-way was read for the record. After discussion and consideration, Thomas Lee made a motion, second by Rod Boyer and unanimously carried, to approve a variance of 22’ from the required ordinary high water level setback of 200’ for the placement of a storage building 178’ from the ordinary high water level with the condition that all other requirements of the Shoreland Management Ordinance must be met. Concern for public safety was the reason stated for the denial of the road right-of-way and side lot line setback requests. ’ -5 T\ ■Tn Oi.APiff ; .55- *>. TiO.S -- t>f'-2f0c r K-C, ^04^^/ CHARLES W ANGER ETAL 9636 PARK AVE S BLOOMINGTON, MN 55420 4562 DUANE EARD 39687 350TH AVE DENT, MN 56528 9521 JUSTIN ADKINS 34835 380TH ST DENT, MN 56528 9524 BEATRICE D HOCKERT PO BOX 227 WADENA, MN 56482 227 GONYEA FAMILY LLC 10560 WAYZATA BLVD MINNETONKA, MN 55305 1524 DUANE E & LORI LARD 39687 350TH AVE DENT, MN 56528 9521 WILLIAM C & SANDRA KAY POULSEN 2607 125TH CIR N OMAHA, NE 68164 3532 POCAHONTAS RESORT LLC 720 38TH ST NW FARGO, ND 58102 2961 RANDOLPH J KNAUST 38047 COUNTY HIGHWAY 35 DENT, MN 56528 9516 CARL & KATHLEEN THOMPSON 38094 COUNTY HIGHWAY 35 DENT, MN 56528 9516 THOMAS & JOANNA SKLUZACEK 38062 COUNTY HIGHWAY 35 DENT, MN 56528 9516 . <r J Richard West, P.E. County Engineer Phone 218-998-8470 Fax 218-998-8488 OTTER TAIL COUNTY HIGHWAY DEPARTMENT 505 S. Court Street, Suite 1, Fergus Falls, MN56537 November 5, 2013 Mr. Wayne Stein Board of Adjustments Secretary 510 Fir Avenue W Fergus Falls, MN 56537 RE: Right of Way Setback - Variance for Storage Building CSAH No. 35 38034 Co Hwy35 Dear Wayne: The storage building should be constructed with the required 20’ setback from the County State Aid 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 Richard West, P.E. County Engineer CHG/mk ce: Charles Grotte, Assistant County Engineer Land & Resource Management Office File 'W ' AN EQUAL OPPORTUNITY/AFFIRMA TIVE ACTION EMPLOYER Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W 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: Pocahontas Resort LLC Collene Barnizk 38034 County Highway 35 Dent, MN 56528 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, November 14, 2013 at 6:30 p.m.5 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 part of Government Lot 1, Section 8 and part of Government Lot 3, Section 17, Property Address - 38034 County Highway 35 Section 8/17, Township 135, Range 40 - Township Name - Dead Lake Lake No. 56-383, Lake Name - Dead, Class - NE The variance requested is - the following: We are requesting a variance to build a storage building on an existing cement slab which will not change our impervious surface area. We would like to request a 22' variance from the lake. Also an 1T variance from our fence (also an easement line for the public boar launch). Required setback is 20' from easement line. The building would be 38’ by 80’ not over 20’ tall. After 46 years on this property we have outgrown our storage area for needed equipment. The proposed structure will be located 8’ from the road right-of-way. Requesting 12’ variance. 'Wayne Stein Board of Adjustment Secretary Date: October 25, 2013 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 28th, day of October, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Pocahontas Resort LLC, Collene Barnizk, 38034 County Highway 35, Dent, MN 56528 Cheryl Harris, Twp Clerk of Dead Lake, PO Box 54, Richville, MN 56576 Dead Lake Assoc., PO Box 127, Richville, MN 56576 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 Rod Boyer, 51127 E Wymer LK Rd, Frazee, MN 56544 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: October 28, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud * c •t"