HomeMy WebLinkAbout03000290217900_Variances_12-17-2009Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify
this instrument # ____________
was filed/recorded in this office
for record on the day of _^y 20 IQ at 8 3Q (^jpm
Wendyl^etca^Co^ty^corder”^
by: //
r recording fee ^ well certificate
1069202
Deputy
l;r
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
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hi\\i i7.lnliyt
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
4 it C/< ct-K e> /PROPERTY OWNER DAYTIME PHONE
fo m fa ■ A /rMAILING ADDRESS
giMgrLAKE NUMBER
SECTION TOWNSHIP !,^3 RANGE
LAKE NAME LAKE CLASS
M TOWNSHIP NAME
PARCEL
NUMBER
E-911 /*3 - o(DO - 2-9 ~ T~^address C^' H'ly'of /
LEGAL DESCRIPTION
(k^ firtiiukj kcd )_______________________________
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION
3^. ^ z'
X <3? CP
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 &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
/(/>///( ■ i 'IHu j2f
SIGNATURE OF PROPERTY OWNER / AGENT F(IO
IWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
Qr«M»’rr|wv< \iiitk J
.1• •
7- /O TimeDate Of Hearing
Motion
Russell and Vivian Shol - Approved as requested with conditions. (7:50 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Rick Wilson and unanimously carried, to approve
the proposed subdivision for non residential use with the condition that a registered surveyor’s drawing must be presented at the
time of recording and with the condition that access to a public road must either exist (on the property to the north by a permanent
easement) or must be provided. The variance as approved does not directly or indirectly grant any other variances for the future
development/use of this property
ciwmanfi^(^ter Tail County ^oard of Adjdstment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
QihilinCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
LR Official/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
*
January 7,2010
Page # 3
Jeff Schuett - Approved the variance as requested with a condition. (7:22 p.m.)
Jeff Schuett, Lot 5 Block 1 Pleasure Park and part of Government Lot 8, Section 4 of Otter Tail Township by the Otter
Tail Lake and Otter Tail River, requested the following: request a variance of 33' from the required ordinary high
water level setback of 75’ for the placement of a cabin 42’ from the ordinary high water level of Otter Tail Lake, a
variance of 47’ from the required ordinary high water level setback of 100' for the placement of a cabin 53’ from the
ordinary high water level of the Otter Tail River, a variance of 3.6% from the maximum allowable impervious surface
coverage of 25% for total impervious surface coverage of 28.6% and a variance of 17’ from the required road right-of-
way setback of 20’ for the placement of the proposed development 3’ from the road right-of-way. The audience was
polled with Kris Svingen, Attorney questioning the location of the applicant’s property relative to his client (Susan
Nissan). It was determined that Susan Nissen’s property is not adjacent to the applicant’s property; therefore, Mr.
Svingen indicated that his client has no position regarding the requested variance. A letter from Timothy Neitzke in
support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer
made a motion, second by Randall Mann and unanimously carried, to approve variance of 33’ from the required
ordinary high water level setback of 75’ for the placement of a cabin 42’ from the ordinary high water level of Otter Tail
Lake, a variance of 47’ from the required ordinary high water level setback of 100’ for the placement of a cabin 53’
from the ordinary high water level of the Otter Tail River and a variance of 17' from the required road right-of-way
setback of 20’ for the placement of the proposed development 3’ from the road right-of-way with the condition that no
more than 25% of the total eligible lot area can be covered with impervious surfaces. Hardship/practical difficulty is a
substandard lot of record.
Gertrude M. Solum - Approved the variance application as requested. (7:40 p.m.)
Gertrude M. Solum, Lots 6 and 12 Block 3 Pelican Beach, Pelican and Duck Lakes in Scambler Township, requested
the following: The project is to add an office/studio room above the existing garage. The existing garage does not
meet the structure setback for the new shoreland ordinance standards for Duck Lake. The new ordinance standard
for Duck Lake is now 200’, but the garage is 140' from Duck Lake. Request a variance of 60’. The audience was
polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve
Schierer made a motion, second by Rick Wilson and unanimously carried, to approve the variance as requested in the
variance application dated December 16, 2009 and as depicted on the drawings submitted with the application. It was
noted that the proposed development does not increase the impervious surface coverage.
David J. and Shirley A. Seyfried - Approve the variance application as modified. (7:45 p.m.)
David J. and Shirley A. Seyfried, Lot 12 Block 1 Hustad’s Addition to Beverly Beach, West Battle Lake in Everts
Township, requested the following; request to have substandard back lot being 100’ by 200’ and 20,000 square feet
in area declared buildable for residential and/or non residential structures. The audience was polled with no one
speaking for or against the variance as requested. A letter from Richard L. Tamke and Kathleen K. Ball in opposition
to the variance as requested was read for the record. After consideration and discussion, Randall Mann made a
motion, second by Steve Schierer and unanimously carried, to declare Lot 12 Block 1 Hustad’s Addition to Beverly
Beach as a buildable lot for non residential structures. It was noted that the variance as approved will provide the
applicants with an ability to enjoy the same rights and privileges as others in this immediate area. It was also noted
that non residential use of this property would be consistent with other back lot use in this immediate area. The
variance as approved does not directly or indirectly grant any other variances for the development/use of this
property.
and Vivian Sho) - Approved as requested with conditions. (7:50 p.m.)
Russell and Vivian Shol, part of Government Lot 2 and Part of the Southwest Quarter of the Northwest Quarter,
Section 29 of Aurdal Township, requested a variance to subdivide a parcel of less than 2.5 acres from an existing
36.61 acre tract. The parcel will be 209’ by 20T. The audience was polled with no one speaking for or against the
variance as requested. It was noted that during a break an Aurdal Township Supervisor stated to a board member
that they had no concerns with the requested variance. After consideration and discussion, Steve Schierer made a
motion, second by Rick Wilson and unanimously carried, to approve the proposed subdivision for non residential use
with the condition that a registered surveyor's drawing must be presented at the time of recording and with the
condition that access to a public road must either exist (on the property to the north by a permanent easement) or
must be provided. The variance as approved does not directly or indirectly grant any other variances for the future
development/use of this property
Page 1 of 1OTC Parcel GISMO Output- NOT a Legal Document
Otter Tail County Parcel GISMO
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FOR REFERENCE USE ONLY-Copyright CC) 2009 Otter Tail County, MN
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203 7^3 feet to the 'ntersectic
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Section 2h, a distance of 429
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distance of 495.00 feet, thenc
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SURVEYOR'S CERTIFICATE
\1 hereby certify that this is a true arid correct representatioi
a survey of the boundaries of the above described land, and
this survey tuas prspareci by rne nr under rny dirent iiip^aryiA
that 1 am a Professional Land Surveyor licensed under the iai
the State of Minnesota. Dated this 3rd .day of September, 2(
V A 1
C'J t
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5 LINE OF TNE 5W 1/4 OF
/T^F Nw 1/4 OF SEC. 29-133-42
>«___/
David A Ahderson
Professional Land 5ur
Minnesota License No.
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SEC. 29-133-42
PROFERTf 'OWNER CERTiriCATE
;I hereby certify that trie subdivided pr oper ty descr ibed in trie
survey meets thie County reauiremerits for public rood access
seiuage treatment systems.
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897341
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was flled/recorded in this office
No delinquent taxes and transfer entered; Certificale of
Real Estate Value ( ) filed ( *—^ not required.
Certificate of Real Estate Value No. ______S97341
County Auditor
for recordfiin the ^3*? dav of2002 at g .35gli>m
Wendy LWetcaff, Coun^ RecorderfMsar)Wayne Stein,
by:by <50..recording Tee ^
.well certificateOs 000^9 Deputy
QUIT CLAIM DEED
Individual to Joint Tenants
STATE DEED TAX
DUE HEREON: $1.65 r.".!:»irv q,- oT7'Eq TAIL
h c-. r nr k«inr:T,t
Dated:A3, 2002
FOR VALUABLE CONSIDERATION, RUSSELL E. SHOL and VIVIAN SHOL,
husband and wife, Grantors, hereby convey and quitclaim to
RUSSELL E. SHOL and VIVIAN SHOL, Grantees, as joint tenants, real
property in Otter Tail County, Minnesota, described as follows:
TRACT 1
Government Lot Two (2) , and the Southwest Quarter of
the Northwest Quarter (SW^XNWVf) , Section Twenty-nine
(29) , Township One Hundred Thirty-three (133) , Range
Forty-two (42) , Otter Tail County, Minnesota,
EXCEPT the following: The South 209 feet of the
West 314 feet of the Southwest Quarter of the
Northwe.st. Qnarter (SW^(NWV) of Section Twenty-nine
(29) , Township One Hundred Thirty-three (133),
Range Forty-two (42),
AND EXCEPT the following: All that part of the
Southwest Quarter of the Northwest Quarter
(SWMNWiO of Section Twenty-nine (29), Township
One Hundred Thirty-three (133), Range Forty-two
(42) , Otter Tail County, Minnesota, described as
follows: Commencing at the West Quarter corner
of said Section Twenty-nine (29); thence on an
assumed bearing of North along the West line of
said Section Twenty-nine (29), a distance of 209
feet to the point of beginning of the land to be
described; thence on a bearing of East a distance
of 495 feet; thence on a bearing of North a
distance of 220 feet; thence on a bearing of West
a distance of 495 feet to said West line of
Section Twenty-nine (29); thence on a bearing of
South along said West line, a distance of 220
feet to the point of beginning, containing 2.50
acres, more or less, subject to the County State
Aid Highway No. 1 over the West 75 feet thereof;
AND EXCEPT all that part of the Southwest Quarter
of the Northwest Quarter (SWi<NW)<) of Section
Twenty-nine (29) , Township One Hundred Thirty-
three (133), Range Forty-two (42), Otter Tail
County,Commencing at the West Quarter corner of said
Section Twenty-nine (29); thence on an assumed
bearing of North along the West line of said
Section Twenty-nine (29), a distance of 429.00
feet to the point of beginning of the land to be
described; thence on a bearing of East a distance
of 495.00 feet; thence on a bearing of North a
distance of 357.00 feet; thence North 88°38'10"
West a distance of 495.14 feet to said West line
of Section Twenty-nine (29); thence on a bearing
of South along said West line, a distance of
368.79 feet to the point of beginning, containing
4.12 acres more or less.
described follows:Minnesota,as
AND EXCEPT all that portion of the plat Jcnown as
Rus-Dic.
TRACT lA
All that part of Lot Sixteen (16) , Bloclc One (1) of
Rus-Dic lying South of an extension of the North line
of the Southwest Quarter of Northwest Quarter (SWi^NW^/O
of Section Twenty-nine (29), Township One Hundred
Thirty-three (133), Range Forty-two (42).
TRACT 2
That part of Government Lot Four (4) , Section Twenty-
nine (29) , Township One Hundred Thirty-three (133),
Range Forty-two (42) described as follows, to-wit:
Beginning at the Southeast corner of Government Lot
Four (4), thence West on and along the South line of
Government Lot Four (4) a distance of 1320 feet to the
Southwest corner of Government Lot Four (4) , thence
North on the West line and parallel with the East line
of Government Lot Four (4) , at a presumed angle of
North 00°07'39" West a distance of 1320 feet, thence
East and parallel with the South line of Government Lot
Four (4) at a presumed angle of North 89°53'46" East a
distance of 1320 feet to the East line of Government
Lot Four (4) , thence South on and along the East line
- 2 • ?-■*D
I 4 .
of Government Lot Four (4) at a presumed angle of South
00®07'39" East a distance of 1320 feet to the place of
beginning and there terminating;
EXCEPT that part of Government Lot Four (4) ,
Section Twenty-nine (29), Township One Hundred
Thirty-three (133) , Range Forty-two (42), Otter
Tail County, Minnesota, lying North of the Otter
Tail River as it now lies, containing four (4)
acres more or less,
AND EXCEPT all that portion of the plat )cnown as
Rus-Dic.
TRACT 3
The Northeast Quarter of the Northeast Quarter (NEi^NEi^)
of Section Two (2), in Township One Hundred Thirty-four
(134), Range Forty-three (43), Otter Tail County,
Minnesota.
TRACT 4
The West Half of the Southeast Quarter of the Northeast
Quarter (WMSE^^EK) of Section Two (2) , Township One
Hundred Thirty-four (134), Range Forty-three (43),
Otter Tail County, Minnesota;
together with all hereditaments and appurtenances belonging
thereto.
/I
h
Vivian Shol
STATE OF MINI'TESOTA )
) 8S.
COUNTY OF OTTER TAIL)
■The foregoin
«3ay of
VIVIAN SHOL, hus)D
HQ instrument was ac)cnowledged before me this
/ 2 0 02, by RUSSELL E. SHOL andiSndandv^e, Grantors.
0m
Notary/ Public T)
HOPE (. JOHNSON
NOtMY PU8UC - UMME80TA
__ MyComm.Ei^Jin.31,2006 u
- 3
THE TOTAL CONSIDERATION FOR THIS TRANSFER
IS $500.00 OR LESS.
THIS IS A CORRECTIVE DEED.
Tax statements for the real
property described in this
instrument should be sent to;
Russell E. and Vivian Shol
1041 Fir Avenue East
Fergus Falls, MN 56537
This Instrument Was Drafted By:
PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P.
110 North Mill Street, P.O. Box 866
Fergus Falls, Minnesota
Telephone:
56538-0866
218-736-5493
PSR&K Substitute Form 1099-S Not Needed
RWB:njd
97-7193
Deed 15
- 4 -
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
___________________ Application
. As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
property/project (Tax Parcel
described in my
ulodated
f
PROPERTY OWNER
^ SCANIA
11-02-04
Mbowman forms-apps waiver 60 day rule
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
|)r^p6S€d4000Ft2Structure(s):
Ft2Deck(s);
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway (s):
Ft2Retaining Wail(s):
Ft2Landscaping:
(Plastic Barrier)
Other;Ft2
A. non
00^
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
Amo Al./iD'i X100 =%
IMPERVIOUS SURFACE RATIO,TOTAL IMPERVIOUS SURFACE LOT AREA
-^
-iaSCJO
i '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 18th, day of December, 2009 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Russell E & Vivian L Shol, 1041 Fir Ave E, Fergus Falls,MN 56537 1511
William Davis, 23456 Garland Ln, 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
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
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537
by placing a true and correct copy thereof in a seaied 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 iisted in the attachment.
Dated: December18th, 2009
Wayne Stein, Secretary
Otter Taii County Board of Adjustment
By:
Vi Manderud
' .if'-