Previously Tabled Item Scheduled for Hearing at the September 13, 2018 Meeting

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A G E N D A Board of Adjustment Thursday, September 13, 2018 5:45 p.m. Building open to the public 6:30 p.m. Meeting Starts 6:30 p.m. Call to Order and Approve August 9, 2018 Minutes Name Township Lake/River Physical Address Parcel No. Richard A. Phelps Nidaros Sec. 3 Stuart (56-191) 21399 Mailbox Loop 56588 41-000-03-0018-014 MaryJane and Don Westra Eagle Lake Sec. 11 Eagle (56-253) 14757 Eagle Lake Road E 56515 18-000-99-0319-000 Yvonne Nordick Dora Sec. 34 East Silent (56-517) 40885 Primrose Dr. 56528 16-000-99-0356-000 James Simpson Rush Lake Sec. 13 Rush (56-141) 45029 Plentywood Rd. 56573 53-000-99-0570-000 53-000-99-0571-000 Eric Spilde Dora Sec. 4 Loon (56-523) 44040 Hat Six Lane 56587 16-000-99-0533-000 16-000-99-0534-000 David Ross Dead Lake Sec. 12 Marion (56-243) West Side of South Marion Drive Across from 38994 South Marion Drive - 56576 14-000-99-0558-000 Paul & Mary Grindeland Hobart Sec. 22 Rose (56-360) 36595 Rose Lake Road E - 56544 32-000-99-0274-000 7:30 p.m. Rick and Carol Frovarp Dora Sec. 31 West Silent (56-519) 40345 Silent Acres Drive 56528 16-000-99-0566-000 Charles and Polly Ann Grell Girard Sec. 34 West Battle (56-239) Between 22773 (Maguire s) and 22986 (Grell s 29-000-34-0233-003 from Larson s) Treetop Road 56551 29-000-34-0233-004 Jennifer Wulfekuhle Everts Sec. 4 Otter Tail (56-242) 36391 Segar Lane 56515 25-000-99-0572-900 Diane McRae Hobart Sec. 26 Long (56-388) 37659 County Highway 36 56544 32-000-99-0300-000 Char & Mike 17-000-99-1610-000 Dunn Sec. 17 Pelican (56-786) 23498 Pelican Bass Lane 56572 Solberg/Kesselring Joint Tst 17-000-99-1611-000 Previously Tabled Item Scheduled for Hearing at the September 13, 2018 Meeting None

Richard A. Phelps 3612 Cedar Lane NW Bemidji, MN 56601 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Part of Government Lot 6, Property Address 21399 Mailbox Loop - 56588 Section 3, Township 132, Range 39 - Township Name Nidaros Lake No. 56-191, Lake Name Stuart, Class GD Replacement of existing structure 20 from ordinary high-water level with identical structure in same location as described in Site and Lot Application. Remove 20.5 by 22 existing structure with roof sloping toward lake. Replace structure with steeper pitched roof for snow removal and change slope direction 90 degrees so as to slope away from lake. Current height of structure and roof is 11. Replace with roof and structure total height of 18.5. Structure is located 80 and 100 from lot lines.

MaryJane and Don Westra 1220 N Tower Road Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lots 21 and 22 Okeson Beach, Property Address 14757 Eagle Lake Road East - 56515 Section 11, Township 131, Range 40 - Township Name Eagle Lake Lake No. 56-253, Lake Name Eagle, Class GD Proposing to replace the existing 12 x16 Storage Shed/Fence Area with a 12 x16 Outdoor Kitchen. The proposed Outdoor Kitchen will be 6 from the lot line at the closest point (east corner). Requesting a 4 Variance, Required setback is 10. The proposed Outdoor Kitchen will be approximately 50.5 from the ordinary high-water level. Required setback is 75, Requesting a 24.5 Variance. Currently, the existing Impervious Surface in the Shore Impact Zone (SIZ) is 416 square feet. By rotating the proposed Outdoor Kitchen will remove the existing structure from the shore impact zone and reduce the shore impact zone coverage by 24 square feet bringing down the coverage to 392 square feet. Asking for a 132 square foot variance. Per Shoreland Management Ordinance the Impervious Surface coverage in the shore impact zone shall not exceed 260 square feet.

Yvonne Nordick 3707 12 th St S. Fargo, ND 58104 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lot 9 Peach s Silent Lake Beach, Property Address 40885 Primrose Dr. - 56528 Section 34, Township 136, Range 41 - Township Name Dora Lake No. 56-517, Lake Name East Silent, Class RD In the summer of 2016 I had screen installed to connect the existing deck with the existing roof and constructed an 8 x 10.5 storage shed onsite. Requesting a variance for the storage shed which was placed 4 from the lot line and Approximately 56 from the ordinary high-level. Required setback is 10 to the Lot Line and 100 to the ordinary high-water level. The shed was placed in-line with the existing shed. Requesting a Variance for the screen porch being approximately 25 from the ordinary high water-level. Required setback is 100 from ordinary high-water level. Currently the existing Impervious Surface Calculation in the Shore Impact Zone (SIZ) is 994.5 square feet. Asking for a 734.5 square feet variance for impervious surface in the shore impact zone. The maximum allowable is 260 square feet of impervious surface coverage in the shore impact zone.

James Simpson 45029 Plentywood Rd Perham, MN 56573 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lost 1 and 2 Squires Addition, Property Address 45029 Plentywood Rd - 56573 Section 13, Township 135, Range 39 - Township Name Rush Lake Lake No. 56-141, Lake Name Rush, Class GD I have two contiguous lots (Section 13 Township 135 Range 039, Lot 1 Block 1 and Lot 2 Block 1of Squires Addition), not on Rush Lake but within 1000 feet of Rush Lake. Lot 1 contains a residence and a storage building and is 21,000 square feet. Lot 2 is vacant and is 23,000 square feet. I wish to sell Lot 2 but retain a 15 ft strip along the west side to be permanently attached to Lot 1. Therefore Lot 1 would have 23,800 square feet and Lot 2 would be 20,100 square feet. The buyer has three contiguous lots on Rush Lake (Sec 13 Township 135 Range 039 Lots 3 and 4 of Oak Grove Beach parcel number 53000990306000 and Lot 5 of Oak Grove Beach parcel number 53000990307000) totaling 32,000 square feet. Lot 2 as modified above, would be permanently attached to riparian lots 3,4 and 5 Oak Grove Beach, Lot 2 Squires Addition would be for Non-Residential Use. My remaining Lot 1 Squires Addition as modified above to remain as a buildable residential lot.

Eric Spilde 1101 8 th Ave SE Barnesville, MN 56514 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lots 4 and 5 West Loon Lake Beach, Property Address 44040 Hat Six Lane - 56587 Section 4, Township 136, Range 41 - Township Name Dora Lake No. 56-523, Lake Name Loon, Class RD Existing cabin was built in 1972 and would like to remove and build a new home on the lot that is larger than existing with expansion to the back and side and make two stories. Existing deck structure is 35 feet from ordinary high-water level, existing cabin is at 45 feet from ordinary high-water level at the closest point which does not meet the 100-foot setback requirement. Due to lot shape and size, existing garage at the back of the lot, septic design and lot drainage for neighbors, cannot meet the 100-foot setback from the ordinary high-water level with a new structure. We request a variance to that would move the building back farther than existing, moving out of the shoreland impact zone with the patio starting at 50 feet form the ordinary high-water level at its closet point and the cabin starting at 60 feet at its closest point from the ordinary high-water level.

David Ross 12449 Flanders Ct. NE Unit A Blaine, MN 55449-5198 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lot 9 Block 1 Hutmacher s Addition to Klein and Adams Point, Property Address West Side of South Marion Drive Across from 38994 South Marion Drive Section 12, Township 135, Range 40 - Township Name Dead Lake Lake No. 56-243, Lake Name Marion, Class GD Goal is to build a single-family dwelling and detached garage on a back lot that sits on the west side of South Marion Drive near Marion Lake. The back lot is currently wooded and undeveloped. Hardship/practical difficulty is a substandard lot where the width and square footage of the lot is less than what the ordinance requires. Ultimately, we are requesting the lot to be declared buildable for residential purposes. The building plans we develop will conform to all other requirements stated in the Shoreland Management Ordinance.

Paul and Mary Grindeland 2808 Elm St N Fargo, ND 58102 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Part of Lots 22 and 23 Rose Lake Beach First Addition, Property Address 36595 Rose Lake Road E - 56544 Section 22, Township 137, Range 40 - Township Name Hobart Lake No. 56-360, Lake Name Rose, Class RD Requesting a variance of 20 from the required ordinary high-water level setback of 100 for placement of an 8 by 8 shed approximately 80 from the ordinary high-water level.

Rick and Carol Frovarp 916 41 st Ave S Moorhead, MN 56560 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on Thursday, September 13, 2018 at 7:30 p.m. in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lot 16 Silent Point, Property Address 40345 Silent Acres Drive - 56528 Section 31, Township 136, Range 41 - Township Name Dora Lake No. 56-519, Lake Name West Silent, Class RD We are requesting a 62 variance for setback of structure to be 38 from the ordinary high-water mark. Required is 100. We are requesting a 15 variance for a road right-of-way setback of 5. We are requesting a 5 variance for the lot line setback.

Charles and Polly Ann Grell 3006 30 th Street Court South St. Cloud, MN 56301 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on Thursday, September 13, 2018 at 7:30 p.m. in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Part of Government Lot 4, Property Address Between 22773 (Maguire s) and 22896 (Grell s from Larson s) Treetop Road - 56551 Section 34, Township 133, Range 39 - Township Name Girard Lake No. 56-239, Lake Name West Battle, Class GD We propose to vary from current ordinance to create and sell a buildable lot on 200 by 100 (unrecorded plat of Vern Villa Beach Lots 7 and 8; parcel R 29000340233004). Attach remainder (unrecorded plat of Vern Villa Beach Lots 5 and 6; parcel R 29000340233003) to our parcel R 29000340233000) which has physical address of 22896 Treetop Road, Henning. The parcel to be considered single family lot. The lot is 20,000 square feet. We do meet frontage requirements. Required is 40,000 square feet.

Jennifer Wulfekuhle Dave Erwin Construction Inc. 2260 300 th St. 34687 Northview Road Breckenridge, MN 56520 Battle Lake, MN 56515 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on Thursday, September 13, 2018 at 7:30 p.m. in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Part of Lot 3 and all of Lot 4 Segar Beach, Property Address 36391 Segar Lane - 56515 Section 4, Township 133, Range 40 - Township Name Everts Lake No. 56-242, Lake Name Otter Tail, Class GD Proposing to replace the existing dwelling being 59 from the ordinary high-water level. Requesting a 16 variance from ordinary high-water level, required setback is 75

Diane McRae 1352 Highway 10 E Detroit Lakes, MN 56501 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on Thursday, September 13, 2018 at 7:30 p.m. in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lot 3 Longview First Addition, Property Address 37659 County Highway Section 28, Township 137, Range 40 - Township Name Hobart Lake No. 56-388, Lake Name Long, Class RD Request a variance to place new cabin 13 from road right-of-way at closest point and holding tank in the road right-of-way. County Highway Department has been out to mark road right-of-way.

Char and Mike Solberg/Kesselring Attn: Mike Solberg 3100 13 th Ave S Fargo, ND 58103 Tail County Shoreland Management Ordinance, the Set Back Ordinance and/or the Subdivision Controls Ordinance. The Board of Adjustment will assemble for this hearing on Thursday, September 13, 2018 at 7:30 p.m. in the Commissioners Room of the, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the. The second left off Fir Ave.) Lots 28 and 29 Block 1 Haugen s Point, Property Address 23498 Pelican Bass Lane - 56572 Section 17, Township 137, Range 42 - Township Name Dunn Lake No. 56-786, Lake Name Pelican, Class GD We are requesting a variance to subdivide Lot 29 and permanently attach a portion to Lot 28. As part of the variance, we are requesting that the remaining portion of Lot 29 to be allocated for residential use of the existing cabin on the lot. Due to the existing substantial topography and density of mature trees on Lot 28, to build a structure would require significant excavation as well as tearing down most of the mature trees. By subdividing Lot 29 and permanently attaching a portion to Lot 28 it would allow for a structure that would not disturb the existing landscape features. In addition, this variance would allow for Lot 29 to retain the character and use of two of the existing buildings on the site. We also request to modify the impervious surface area within the shore impact zone on Lot 29 to reallocate the existing paved surfaces for a new patio adjacent to the existing cabin. This will be an overall decrease of impervious surface area for Lot 29 from 2561 Square Feet to 1721 Square Feet. Proposing to create an access easement within shore impact zone of Lot 28 to access Lot 29. If this variance is granted a final survey will be filed to establish the parameters listed above. See attached for supplemental information.