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					                                          MINUTES OF THE MEETING
                                                   OF THE
                                  OTTER TAIL COUNTY BOARD OF ADJUSTMENT
                                             Thursday, May 6, 2004

The Otter Tail County Board of Adjustment met Thursday, May 6, 2004, with the following persons in attendance:

               Michael C. Conlon                                     Cecil Femling
               Paul Larson                                           Randall Mann
               Steve Schierer                                        Robert Schwartz
               Eric Babolian, Land and Resource Management
               Cherie Clark, County Attorney

Called to Order – Randall Mann, Chair, called the meeting of the Board of Adjustment to order at 6:30 p.m.

Minutes Approved -

The membership of the Board of Adjustment approved the minutes of the April 8, 2004 meeting as mailed.

The Board of Adjustment considered the following applications for variance:

Byron E Johnson – Denied. (6:30 p.m.)

Byron E Johnson, Lot 18 Crystal Beach in Clitherall Township by Clitherall Lake, requested a variance of 4’ from the
required 10’ side lot line setback for a three-season porch addition on the south side of the existing cabin 6’ from the
south side lot line. Chairman Mann polled the audience with no one speaking for or against the variance as
requested. After discussion and consideration, Cecil Femling made a motion, second by Robert Schwartz to approve
a variance of 2’ from the required side lot line setback of 10’ for a 6’ by 20’ three-season porch on the south side of the
existing cabin 8’ from the south side lot line. This motion failed with Paul Larson, Randall Mann and Steve Schierer
voting no. Those voting against the motion noted the following: 1.) there was no adequate hardship unique to the
property that would allow for the granting of the variance, 2.) the only hardship is a self created hardship which is the
result of the original structure placement, and 3.) the applicant does have and can continue to have a reasonable use
of this property without the granting of a variance because the applicant does have adequate room for the proposed
addition on the other side of the existing structure.

Thomas and Polly Musacchia – Approved second part of the variance request. (6:47 p.m.)

Thomas and Polly Musacchia, part of Government Lot 2, Section 27 of Dunn Township by Franklin Lake, requested a
variance to place a septic holding tank either 75’ from the ordinary high water level and 40’ from the wetland or 95’
from the ordinary high water level and 10’ from the wetland. Chairman Mann polled the audience with no one
speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion,
second by Paul Larson and unanimously carried, to approve the variances necessary for the placement of septic
holding tank 95’ from the ordinary high water level and 10’ from the wetland. The Board noted the previously granted
variance for a new dwelling and the fact that there is no other location, on the applicant’s property, for the placement
of the septic holding tank that will meet all of the setback requirements of the ordinance.
Thomas P and Colleen F Musgrave – Approved the variance as modified. (6:50 p.m.)

Thomas P and Colleen F Musgrave, Lots 8, 9 and 10 Engstroms Beach 4th Addition, Big McDonald Lake in Edna
Township, requested a variance of 4’ from the required road right-of-way setback of 20’ for the placement of a dwelling
16’ from the road right-of-way. Chairman Mann polled the audience with no one speaking for or against the variance
as requested. After discussion and consideration, Randall Mann made a motion, second by Michael Conlon and
carried with Steve Schierer voting no to approve a variance of 3’ from the required road right-of-way setback of 20’ for
the placement of a dwelling 17’ from the road right-of-way on Lots 8, 9 and 10, Engstroms Beach 4th Addition. The
Board noted that the variance as approved does not directly or indirectly grant any other variances for the proposed
development. Hardship is a substandard lot of record.

Wilfred H and Rose M Scheid – Approved the variance as requested. (7:03 p.m.)

Wilfred H and Rose M Scheid, Sub Lots 2 and 3 of Government Lot 1, Section 24 of Girard Township by East Battle
Lake, requested a variance of 34’ from the required ordinary high water level setback of 100’ for the replacement of a
roof on a structure located 66’ from the ordinary high water level. Chairman Mann polled the audience with no one
speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion,
second by Paul Larson and unanimously carried, to approve a variance of 34’ from the required ordinary high water
level setback of 100’ for the replacement of a roof on a structure located 66’ from the ordinary high water level. The
proposed project will be no closer to the ordinary high water level than the existing footprint and the proposed project
is necessary because of moisture problems which can be correct by raising the roof. The applicants’ project should be
considered as normal and routine maintenance.

Building Repairs Inc. – Approved the variance as requested with a condition. (7:07 p.m.)

Building Repairs Inc., C/O Tom Benke, part of Government Lot 1, Section 27 of Edna Township by West Wolf Lake,
requested a variance of 150’ from the required ordinary high water level setback of 200’ for a construction project
located 50’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or
against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by
Cecil Femling and unanimously carried, to approve a variance of 150’ from the required ordinary high water level
setback of 200’ for a construction project located 50’ from the ordinary high water level with the condition that an
existing 10’ by 10’ shed/boathouse must be removed prior to the issuance of a site permit for the new project.
Hardship is the terrain of the applicant’s property. The Board also noted that the proposed development will be no
closer to the lake then the existing development and that there is no other location for the proposed development.

Jay O and Marietta E Turner – Tabled (7:10 p.m.)

Jay O and Marietta E Turner, part of Government Lot 3, Section 3 of Dunn Township by Pelican Lake, requested a
variance of 8’ from the required ordinary high water level setback of 75’ for the placement of a dwelling 67’ from the
ordinary high water level. The applicants were represented by John Gunkelman, Contractor and by Terry Stroh,
Architect. Chairman Mann polled the audience with no one speaking for or against the variance as requested. After
discussion and consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, with
the verbal permission of the applicants’ representatives, to table this variance application hearing until the May 13,
2004 meeting to allow time for an on-site visit by the Land and Resource Department with the applicants and/or the
applicants’ representatives to discuss how close the proposed structure can be placed to the toe of the bluff.
Bob Perry and Wyann Hulst-Perry – Approved the variance as requested. (7:31 p.m.)

Bob Perry and Wyann Hulst-Perry, part of the Southeast Quarter of the Northeast Quarter, Section 35 of Compton
Township, requested a variance of 10’ from the required road right-of-way setback of 40’ for the placement of a
dwelling 30’ from the road right-of-way. Chairman Mann polled the audience with no one speaking for or against the
variance as requested. A letter from Richard West, Otter Tail County Highway Engineer indicating that he had no
objection with the variance as requested was read for the record. After discussion and consideration, Paul Larson
made a motion, second by Michael Conlon and unanimously carried, to approve a variance of 10’ form the required
road right-of-way setback of 40’ for the placement of dwelling 30’ from the road right-of-way. The Board’s approval of
this variance request is based on the County Engineer’s letter and the fact that there are other structures in this
immediate area that are just as close to the road right-of-way as the requested setback.

Ervin and Antionette Lea – Approved the variance as requested. (7:36 p.m.)

Ervin and Antionette Lea, Lot 17 Sandy Haven Development, Stalker Lake in Tordenskjold Township, requested a
variance of 28’ from the required ordinary high water level setback of 100’ for a proposed dwelling, including a deck,
72’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or against the
variance as requested. Richard Bratlien, Harvest Homes, appeared with the applicants at the public hearing. After
discussion and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried to
approve a variance of 28’ from the required ordinary high water level setback of 100’ for a proposed dwelling,
including a deck, 72’ from the ordinary high water level. The Board noted that the granting of this variance as
requested is consistent with past actions of the Board of Adjustment.

Bruce D and Susan C Fortune – Approved the variance as requested. (7:38 p.m.)

 Bruce D and Susan C Fortune, Lot 13 Block 1, Aerovilla, Devils Lake in Perham Township, requested a variance of 9’
from the required ordinary high water level setback of 75’ for the construction of deck 66’ from the ordinary high water
level. Chairman Mann polled the audience with Arlene Bergland speaking in favor of the variance as requested. A
letter from Charles and Arlene Bergland and an email from Ray and Cathy Kotta in support of the variance as
requested were read for the record. After discussion and consideration, Michael Conlon made a motion, second by
Steve Schierer and unanimously carried, to approve a variance of 9’ from the required ordinary high water level
setback of 75’ for the construction of a deck 66’ from the ordinary high water level. The Board noted that the proposed
deck cannot be enclosed, is not as close to the ordinary high water level as the property to the east and the proposed
location as depicted on the applicants’ drawing will not obstruct the view from the adjacent properties.

Cold Spring Realty – Denied the variance requested for Parcels D and E. Approved the variance requested for
                     Parcel N. (7:44 p.m.)

Cold Spring Realty, C/O Roger Storms, part of Governments Lots 1, 2, 3 and 4, Section 31 of Maine Township by
West Lost Lake, requested the following: Parcel’s D & E – Request a variance of 10’ from the required road right-of-
way setback of 20’ for the location of building site 10’ from the road right-of-way. Parcel N – Request a variance to
have Lot N declared a buildable lot. Chairman Mann polled the audience with Mary Worner speaking against the
variance as requested. A letter from Reggy and Julie Scheving in opposition to the variances as requested was read
for the record. After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and
unanimously carried, to deny the variance as requested for Parcels D and E noting that there would be adequate room
for development if the road had been properly located. After additional consideration and discussion, Randall Mann
made a motion, second by Steve Schierer and unanimously carried to approve Lot N as a buildable lot for residential
development. This variance approval is consistent with past actions of the Board of Adjustment. The Board also
noted that this is a very large back lot that has adequate room for development.
Bryan and Brenda Fredrickson – Denied the requested variances for the proposed garage. Approved with
                              conditions the variance as requested for the addition and approved a
                              modified location for the garage. (8:08 p.m.)

Bryan and Brenda Fredrickson, Lots 1 and 2 Elmwood, Loon Lake in Candor Township, requested a variance of 6’
from the required side lot line setback of 10’ and a variance of 48’ from the required ordinary high water level setback
of 100’ for the placement of 24’ by 24’ garage 4’ from the lot line and 52’ from the ordinary high water level. Also,
requesting a variance of 60’ from the required ordinary high water level setback of 100’ for a 14’ by 24’ addition to the
dwelling 40’ from the ordinary high water level. Chairman Mann polled the audience with no one speaking for or
against the variance as requested. A letter from Curtis and Connie Guderjahn opposing the variance as requested
was read for the record. After discussion and consideration, Cecil Femling made a motion, second by Robert
Schwartz and unanimously carried to deny the variances as requested for the proposed 24’ by 24’ garage noting that
there is adequate room to place the garage at least 10’ from the side lot line. After additional discussion and
consideration, Paul Larson made a motion, second by Steve Schierer and unanimously carried to approve a 14’ by 24’
addition to the roadside of the existing dwelling as depicted on the applicants’ drawing and to approve the placement
of a garage no closer to the ordinary high water level than the roadside of the proposed dwelling addition with the
following conditions: 1.) the existing garage and lean to must be removed prior to the issuance of a site permit for the
proposed development and 2.) no other variances will be granted for the proposed garage.

Mark DeRuyter – Approved the variance as requested with a condition. (8:25 p.m.)

Mark De Ruyter, Lot 25 Nirvana, Stuart Lake in Nidaros Township, requested a variance of 14’ from the required
ordinary high water level setback of 20’, a variance of 47’ from the required side lot line setback of 65’ and a variance
of 20’ from the required road right-of-way setback of 20’ for the placement of a water oriented accessory structure 6’
from the ordinary high water level, 18’ from the easterly lot line and 0’ from the road right-of-way. A letter from
Thomas C Johnson and emails from Richard L Johnson, Kristin M Brindle-Christensen and Lynn Dierberger were read
for the record. Chairman Mann polled the audience with Don Johnson, Harriet Johnson and Leon Boehland
expressing concerns that there easement on Lot 25 not be impaired by the proposed development. After discussion
and consideration, Steve Schierer made a motion, second by Cecil Femling and unanimously carried, to approve a
variance of 14’ from the required ordinary high water level setback of 20’, a variance of 47’ from the required side lot
line setback of 65’ and a variance of 20’ from the required road right-of-way setback of 20’ for the placement of a 5’ by
10’ water oriented accessory structure 6’ from the ordinary high water level, 18’ from the easterly lot line and 0’ from
the road right-of-way contingent upon the applicant receiving approval of the proposed location from Nidaros
Township. The approve location should place this replacement structure in approximately the same location as the
existing structure and should not impact the easement. The Board noted that the variance as approved will not alter
the existing characteristics of the property.
Ronald Jr. and Margaret Shebeck – Approved the variance as requested. (8:50 p.m.)

Ronald Jr. and Margaret Shebeck, part of Government Lot 6, Section 9 of Sverdrup Township by Lake Anna,
requested a variance of 114’ from the required ordinary high water level setback of 200’ for the construction of an
attached garage 86’ from the ordinary high water level and a variance of 94’ from the required ordinary high water
level setback of 200’ for the construction of a bedroom and sunroom addition to an existing dwelling 106’ from the
ordinary high water level. Dan Stenoien appeared with the applicants at the public hearing. Chairman Mann polled
the audience with Lee Bakken speaking for the variance as requested. After discussion and consideration, Cecil
Femling made a motion, second by Randall Mann to approve the proposed development with the condition that no
part of the proposed development can be within the shore impact zone. This motion failed with Michael Conlon, Paul
Larson and Robert Schwartz voting no and with Steve Schierer abstaining. After additional discussion and
consideration, Paul Larson made a motion, second by Michael Conlon and carried with Paul Larson, Michael Conlon,
and Robert Schwartz voting yes and with Steve Schierer abstaining, to approve a variance of 114’ from the required
ordinary high water level setback of 200’ for the construction of an attached garage 86’ from the ordinary high water
level and a variance of 94’ from the required ordinary high water level setback of 200’ for the construction of a
bedroom and sunroom addition to an existing dwelling 106’ from the ordinary high water level. The Board noted the
following: 1.) the proposed development will be no closer to the ordinary high water level than the existing dwelling,
2.) the width of the applicant’s property and 3) the original permit noted that the dwelling was approximately 100’ from
the ordinary high water level.

With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:30 p.m.

____________________________________
Wayne Stein, Secretary

				
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