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Home My WebLink About25000990423000_Variances_08-02-2007_Zorbazg.2-2001. 1024035 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thatj ^ 35 this instrument #_ "il----;— was filed/recorded in this office R;ecorder by: ((h THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED JUN 2 8 2007 LAND & RESOURCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095Otter Tail County’s Website: wwwj^.QfeHalT.Iwn.us JUL 1 02007 LAND & RESOUR94^.p, /V/W/ Accepted By / Date 7////o Application Fee COMPLETE THIS APPLICATION IN BLACK INK u.Ml\l _____ / 23221 27/v X, /%?- OflA I'hf mi-At Lk._______ DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS SOLAKE CLASSLAKE NAMELAKE NUMBER /3i RANGE ^0 TOWNSHIP NAMESECTIONTOWNSHIP 3^7/*^ Cr> 7^3 OOP - -OOPPARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION Of- if 077^ rn‘t. /’4CIC TYPE OF VARIANCE REQUESTED (Please Check) L.Sewage System Subdivision Cluster Misc.Structure Setback Structure Size SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. /aa4- .^‘// roe^fi o ^jIJI\ Mo rCc-f7f^C0 l 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 & RESOUROE MANAGEMENT REGARDING THIS MATTER. ^7\ DATESIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Hearing Time 7! Motion Tom Hanson - Approved the variance as requested. (7:25 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the variance as requested noting that the two small roofs in question are hardly noticeably, do not create any problems and the approval is consistent with other Board action regarding this specific site. The roofs are consistent with the use of the property and are necessary to protect the footprint area/equipment that was previously approved by the Board of Adjustment. It was also noted that had this request been included in the previous application or in a separate application prior to the construction of the roofs the Board of Adjustment would have granted the request. Clwman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management \/^es (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0106-001 V. Lundeen 324855 ' August 2, 2007 Page # 3 Tom Hanson - Approved the variance as requested. (7:25 p.m.) Tom Hanson, Lot 4 Otter Tail River Park, Otter Tail Lake in Everts Township, requested the following; The two small roofs were built last summer to protect our compressor and also protect our product for Coca- Cola. They were built with the intention of protecting everything from the sun and rain. Tyler Curry represented the applicant at the public hearing. The audience was polled with Marlyn Kruschke, Everts Township Supervisor expressing concerns with past actions of the property owners and indicating neither support or opposition the variance as currently requested. A letter from an anonymous neighbor expressing concerns with the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve the variance as requested noting that the two small roofs in question are hardly noticeably, do not create any problems and the approval is consistent with other Board action regarding this specific site. The roofs are consistent with the use of the property and are necessary to protect the footprint area/equipment that was previously approved by the Board of Adjustment. It was also noted that had this request been included in the previous application or in a separate application prior to the construction of the roofs the Board of Adjustment would have granted the request. James E. and Theresa Cross - Approved the variance as requested with conditions. (7:35 p.m.) James E. and Theresa Cross, part of Government Lot 6, Section 21 of Hobart Township by Rose Lake, requested the following; We are requesting a variance to split off (sell) a 15’ by 55’ parcel from our existing .97 - acre tract in order to attach it to the adjacent .19 acre tract owned by Judith A. Giuliani, Parcel Number 32-000-21-0155-015. The Parcel to be attached contains the holding tank (2,000 gallon) for the Giuliani property. Tim and Judith Giuliani represented the applicants at the public hearing. 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 Michael Harris and unanimously carried, to approve the variance as described in the variance application dated July 7, 2007 and as depicted on the drawing submitted with the variance application with the following conditions; 1.) a registered surveyor’s drawing must be provided at the time of conveyance and 2.) a legally recorded easement must be granted to the Matson property before the property transfer can be legally recorded. Hardship is the terrain, size and shape of the existing property. It was also noted that it is common sense for the Giulianis’ to have ownership of the property were their holding tank is located. Les and Joan Torgerson - Denied. (7:48 p.m.) Les and Joan Torgerson, part of Sub Lot 8 of the Subdivision of Government Lots 1, 2, 3, and 4, Section 14 of Clitherall Township by Clitherall Lake, requested the following; Normal setback allows for nearly 200’ by 26’ of buildable area on paper. Existing grade goes up severely behind two existing sheds. Existing sheds will be moved off site. Request is for 84’ setback verse 100’ to allow useable garage orientation given site, and to minimize impact on toe of bluff. Site work along back of garage is estimated at 15-20 cubic yards. Garage being a maximum of 15’ into bluff. Jay Paulson, High Point Homes, represented the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Owen Thompson and an email from Eirk Torgerson in support of the variance as requested were read for the record. Mark Ronning, Land and Resource Department noted that the proposed building site is not within a bluff area. After discussion and consideration, Randall Mann made a motion, second by Paul Larson and carried with Robert Schwartz voting no, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting that there is adequate room to provide the applicants with a reasonable use of their property that would not require the granting of a variance. Otter Tail County Government Services Center Board of Adjustment ^65 ^////'V RE: Variance Hearing August 2, 2007 This is in regards to the variance applied for by Tom Hanson for Lot 4 Otter Tail River Park, 36119 County Highway 72. There has been no green variance sign posted as to the variance as required by the Board of Adjustment. This has been the case in the past by this person for other variances he has applied for. I did notify the board on a previous application and all they said was they are supposed to display it. Isn’t he supposed to follow the rules as the others that have applied for variances have to do? Doesn’t there seem to be a problem with him following the rules? This is the second time, to my knowledge; he has applied for the variance after the fact. Why is it that if you have enough money to pay the fine it is OK? I feel if the board would crack down on these persons and make them tear down what has already happened people wouldn’t be so inclined to build and then ask for a variance after the fact. ^ lam asking that the board start being a little stricter with the Shoreline Rules and that it could start with this repeat offender and this variance. From an anonymous neighbor on Highway 72. m .SCALE DRAWING FORM ’2i~0CX)' 'dH2l-CX?0 Tax Parcel Number(s) The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must Identify the type, size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations. d % Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale RECEIVED JUN 2 8 2007 LAND & RESOURCE i j ) RECEIVED JUL 1 02007 LAND & RESOURCE i I Signature of Property Owriel Date 0207 329,086 • Victor Lundeen Co„ Printers • Fergus Falls. MN • 1-800-346-4870 t IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): /,fe>Ft2Deck(s): -^1 IV^vi^y(i>yi Ft2 Ft2 /^rvo\4'Ft2-Sidewaik(sj! z //y-StetfwaT^gTT'Ft2 Ft2Retaining Wall(s); Ft2Landscaping: (Plastic Barrier) Other:Ft2 ZQ>20 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: 3520 X100 =% IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA i 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 must be present at the scheduled hearing. ' To Whom It May Concern: Tom Hanson 714 Lake Ave Plaza Detroit Lake, MN 56501 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, August 2, 2007 at 6:30 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 4 Otter Tail River Park, Property Address - 36119 County Highway 72 Section 4, Township 133, Range 40 - Township Name - Eyerts Lake N6: 56-242, Lake Name - Otter Tail, Class - GD The variance requested is - the following: The two small roofs were built last summer to protect our compressor and also protect our product for Coca-Cola. They were built with the intention of protecting everything from the sun and rain. Wayne Stein Board of Adjustment Secretary ;T> .. Date: July 13,2007 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 16th, day of July, 2007 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Tom Hanson, 714 Lake Ave Plaza, Detroit Lakes, MN 56501 Otter Tail Lake Assoc., Pat Garza, 35854 County Highway 72, Battle Lake, MN 56515 Roland Mann, Twp Clerk of Everts, 27234 368*'' Ave, Battle Lake,MN 56515 Otter Tail County Cola, % John Mattesoh, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michfael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 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. V: •; Dated: July 16th, 2007 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud 1