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HomeMy WebLinkAbout03000300218009_Variances_03-16-2011Variances 2 Barcode 128 DOC# 10910401091040 1091040 Fee: $46.00 Well Certificate [ j Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA Certified. Filed, and/or Recorded: April 20. 2011 Q:15 AM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE By: NDB 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 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE ^/S'j/ S'^IS'PROPERTY OWNER MAILING ADDRESS LAKE CLASSLAKE NUMBER 3 ^^3 /^/r /^5/~ 3^SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS03 dGo 3/)/)^ !^nri9 LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) t'"’"^^ructure Size Structure Setback Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. /yjS, 4£5c/' 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 REGARQiWG THIS MATTER. fNER/AGENT FOR OWNER ,j -2T- // APPLICANT MUST BE PRESENT AT THE HEARING PROPE DATE (Applicant Will Receive Notification As To The DateFTime Of Hearing) '■ST Date Of Hearing Time Motion O Grant and Dawn Anderson -Approved the application as requested with a condition. (8:12 p.m.)• V After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 40’ from the required road right-of-way setback of 40' for the placement of a billboard structure 0’ from the road right- of-way subject to the requirements stipulated in the letter from the Otter Tail County'Highway Department and with the condition that no part of the sign can be within the road right-of-way. The variance as approved provides the applicants with the same rights and privileges as others in this immediate commercial area. CfwmanAjfter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No <4// ^/iq/ii L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Corrpany, Fergus Falls, Minnesota "111, , !• 945566 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/recorded in^this office for rec^d on the day of 200.;^ It lC)'Mb Wendy,L. Metc^ County _recording weii certificate No delinquent taxes and transfer entered; Certificate of Real Estate Value ( filed ( ) not required. Certificate of Real Estate Value No. V6 5con 3 945566 ’ (Year)m Wayne^ein, County Auditor / /by. Deputy WARRANTY DEED Corporation or Partnership to Joint Tenants V TAHSTATE DEED TAX DUE HEREON: $346.50 Dated: December 12, 2003. FOR VALUABLE CONSIDERATION, OTTER-1 PROPERTIES, a Minnesota General Partnership, Grantor, hereby conveys and warrants to GRANT ANDERSON and DAWN C. ANDERSON, husband and wife. Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows: That part of the Northeast Quarter of the Southeast Quarter (NEMSEM) of Section Thirty (30), Township One Hundred Thirty-three (133), Range Forty-two (42), described as follows: Commencing at the Northeast corner of said Section Thirty (30), and thence running South 3049.20 feet along the section line; and thence at a 90° angle West 457.60 feet to the point of beginning of the within described tract; thence West 407.40 feet; thence South 500.00 feet; thence East 150.00 feet; thence North 41°11'00" East 265.70 feet; thence North 15°22'00" East 311.15 feet to the point of beginning, containing 3.61 acres. AND Part of the East 865.00 feet of the Northeast Quarter of the Southeast Quarter (NE^SEM) of Section Thirty (30), Township One Hundred Thirty-three (133), Range Forty-two (42), described as follows: point located 466.70 feet North and 715.00 feet West of the Southeast corner of said Northeast Quarter of the Southeast Quarter (NE^SEM) of Section Thirty (30), thence West 150.00 feet; thence South 300.00 feet to Beginning at a 0^ the highway right of way line, thence easterly along said right of way line to a point on a line bearing South from the point of beginning, thence North to the point of beginning; together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: restrictions, reservations and covenants of record.easements, OTTER-1 PROPERTIES 'V By. Kent DOM'^attson Its Pafrtner )STATE OF MINNESOTA ) ss. )COUNTY OF OTTER TAIL The foregoing instrument was acknowledged before me this 12'^^ day of December, 2003, by Kent D. Mattson, as Partner of Otter-1 Properties, a Minnesota General Partnership, Grantor. /I Notary Vup 1Ci \THE SELLER CERTIFIES THAT SELLER DOES NOT KNOW OF ANY WELLS ON THE ABOVE-DESCRIBED REAL PROPERTY. .•:* ■ • • Tax statements for the real property described in this instrument should be sent to: Grant and Dawn C. Anderson 1712 West Alcott 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 KDM:tlc 2003-7185 2 April 14, 2011 Page # 4 Archie G. Ludwig - Approved Option 2 with property owner agreement/condition. (7:50 p.m.) Archie G. Ludwig, part of Government Lot 1, Section 34 of Star Lake Township by Dead Lake, requested the following: Option 1 - propose to remove all existing cabin and replace with a 72’ by 30’ being a two story home with a 30’ by 30’ attached garage. To be in same location as existing dwelling to be 79’ back from the lake. Option 2 - propose to remove all existing cabin, with move back to 100’ from ordinary high water level (if needed) and replace with 72’ by 30’ being a two story home with a 30’ by 30’ attached garage to be outside shore impact zone. The required ordinary high water level setback is 200’. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Steve Schierer to approve new construction no closer to the ordinary high water level than 120’ with the condition that no other variance would be granted for the proposed development. After additional discussion and consideration this motion was withdrawn and Paul Larson, based upon the applicant’s voluntary offer to move the existing garage to a location which would be at least 100’ from the ordinary high water level, made a motion, which was seconded by Steve Schierer and unanimously carried, to approve Option 2 as stated in the variance application dated March 7, 2011 with the condition that before any permits for the proposed development can be issued the applicant must relocated the existing garage as he voluntarily offered to do. The variance as approved does not directly or indirectly grant any other variances for the proposed development and the variance as approved keeps the proposed development out of the shore impact area. The hardship/practical difficulty is the terrain of the applicant’s property, Thomas L and Joanna C Skluzacek - Approved the application as requested with owner agreement/condition. (8:05 p.m.) Thomas L and Joanna C Skluzacek, part of Government Lot 1, Section 8 of Dead Lake Township by Dead Lake, requested a variance of 123’ from the required ordinary high water level setback of 200’ for an addition to an existing dwelling 77’ from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer, based upon the applicants’ voluntary offer to relocate, on or before September 15, 2011, the existing 16’ by 20’ storage building to a position no closer to the ordinary high water level than the front of the deck, made a motion, which was seconded by Paul Larson and unanimously carried, to approved the variance as requested in the application dated March 15, 2011 and as depicted on the drawing submitted with the application. Grant and Dawn Anderson -Approved the application as requested with a condition. (8:12 p.m.) Grant and Dawn Anderson, part of the Northeast Quarter of the Southeast Quarter, Section 30 of Aurdal Township, requested a variance of 40’ from the required road right-of-way setback of 40’ for the placement of a billboard structure 0’ from the road right-of-way. Michael Mortenson 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 Charles H. Grotte, Assistant County Engineer, commenting on the variance as requested was read for the record. An email from Abby and Terry Harthun in opposition to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 40’ from the required road right-of-way setback of 40’ for the placement of a billboard structure 0’ from the road right- of-way subject to the requirements stipulated in the letter from the Otter Tail County Highway Department and with the condition that no part of the sign can be within the road right-of-way. The variance as approved provides the applicants with the same rights and privileges as others in this immediate commercial area. Wayne Stein Abby and Terry Harthun <aharthun@prtel.com> Wednesday, April 13, 2011 12:57 PM Wayne Stein variance meeting From: Sent: To: Subject: Since we are unable to attend the meeting regarding variance for Anderson/Mortenson we would like to voice our opinion as "no". We would rather not have any more billboards much less one closer to the road. Sincerely Terry and Abby Harthun. 1 Phone 2J8-998-8470 Fax 218-998-8488 Richard West, P.E. County Engineer OTTER TAIL COUNTY HIGHWAY DEPARTMENT 505 S. Court Street, Suite 1, Fergus Falls, MN56537 March 28, 2011 Mr. Wayne Stein Board of Adjustments Secretary 510 Fir Avenue W Fergus Falls, MN 56537 RE: Variance for Billboard Structure CSAH No. 1 3423 Fir Ave East Dear Wayne: We have reviewed this request and have the following comments relative to CSAH No. 1: 1. As part of the rational or Justification for the placement of the proposed billboard sign the applicants refer to other signs along CSAH No. 1 in this general area as being within the 40 foot setback area. In our review of the area we do not see any signs that appear to be within our highway right of way, however there are some that appear to be within the 40 foot jurisdiction of the Land & Resource Management Office that may not be in conformance. The existing signs should be reviewed for compliance with the 40 foot setback requirement or to ensure they have a variance on file. 2. If the variance is approved for this sign, it should be on the condition that when CSAH No. 1 needs to be reconstructed or modified at this location, that it will be the responsibility of the property owner to remove or relocate the sign at their expense if required by the Highway Department for the future project. 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 f<lCharles H. Grotte, P.E. Assistant County Engineer CHG/mk cc: Richard West, County Engineer Bill Kalar, Land & Resource Management Office Grant and Dawn Anderson Michael Mortenson File AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Notice of Hearing for Variance Otter Tail County Government Services Center 510Fir AveW 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. T0 Whom It May Concern: Grant and Dawn Anderson 21852.20^ Fergus Falls, MN 56537 Michael Mortenson 911 N Vine St. Fergus Falls, MN 56537 Street 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, April 14, 2011 at 7:30 p.m.J 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 the Northeast Quarter of Southeast Quarter, Property Address - 3423 Fir Ave East Section 30, Township 133, Range 42 - Township Name - Aurdal Lake No. 56-NA, Lake Name - NA, Class - NA The variance requested is - a variance of 40’ from the required road right-of-way setback of 40’ for the placement of a billboard structure 0’ from the road right-of-way. TVtxyw Stein Board of Adjustment Secretary Date: March 17,2011 Mortenson PO Box 1001 Wa Fergus Falls, MN 56538-1001 Outdoor Sign Michael Mortenson, Owner Donna Hauge, Sales Phone: (218) 205-7052 Sales: (218)205-4098 4 Ottertail County Board of Adjustment March 15, 2011 Set-Back Ordinance Variance Request RE: Mortenson Outdoor Sign is here on behalf of Grant Anderson of Fergus Falls, MN. Mr. Anderson is the landowner of the said property on Ottertail County HWY 1. variance request is to erect a billboard structure on Mr. Anderson's property. property, Mortenson Outdoor Sign will own structure. Mr. Anderson and I have arranged a lease agreement for a portion of his land to rent by Mortenson Outdoor Sign. Mr. Anderson and I are both in agreement of this arrangement and would like to proceed with a set-back variance on the said property. The reason for the Although, Mr. Anderson owns the said the billboard The reason for requesting the variance is to alleviate a hardship for the landowner and Mortenson Outdoor Sign. Without a set-back variance, the billboard structure's pole will be placed 52 feet back from the Right-of-Way line. This placement will greatly affect the day to day business of Mr. Anderson's storage facility. The billboard's pole will be in direct line with the people's right of travel and the openings to several of his storage units. It would be a hardship for Mr. Anderson's business and his clients. Mortenson Outdoor Sign tries to put as little burden on the landowners that support my company, appropriate for me to request and pay for the variance for my sign. difficult for my business to be conducted with the present set-back ordinance in place, structures farther from the surrounding area. Therefore, it is However, from a business standpoint it would be It would place my billboard road than others in the It would be difficult for me to market « •(»' f'4<, advertising on this billboard to prospective clients based on its set-back location. As a local Ottertail County business serving groups such as Lakeland Mental Health, Lake Region Healthcare, and the Ottertail Safe Communities Coalition, I ask that the variance be approved for this billboard structure. Michael D. Mortenson Page 1 of 1OTC Parcel GI^MO Output- NOT a Legal Document Otter Tail County Parcel GISMO 03000300218030f I DZCDO;9D21?OD3 = >•3000300218044 'D3DaD2DD213Q31 r DSDQDS&D^XS'QDII I 3000300218021 : • ■ III ji ■ ■k- aOj O □2DQD2QD21SDD5OOJO oNEioCOOooooIr-o O7 ihh- n O =?to o:»o Ki Q30DD20a21SS 22 I E 0200020021? 022 ■ ,J?'300030021Q00Gw ]2D[]a25aZ12D33 :D:D0ZZ7QD3 2 o 03000300227001 64 Meters209 Feet 00 FOR REFERENCE USE ONLY-CotJ'yrighit fC) 2011 Otter Tail Coixdy, MN http://www.ottertailcounty.net/sei'vlet/com.esri.esrimap.Esrimap?ServiceName-pc&Clien... 03/16/2011 I.I r■ SCALE DRAWING FORM II Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. /). '71'! Impervious Surface Ratio (Must Complete Worksheet On Other Side) ft 1 %Scale S' d V ! I 7 OAsd 7::::hi.I 1-... I !r (■T'-It=!t- 4-t - I T /■r >t ,u. ; j\ 1 i!.//■ " T- l;/t f 1rvI T'A-f \ ; ’ !>•i j- 4- i".:: f?tAt' L' rt y b'l j. 4 7 /■' :.T".//‘ / OrJ,-4-----'(/&/' •^7 •/I ■....' .t'JL -f■1r..1.1-4 ^.^./.;!*r ■■: -Atfi /.. :m 4. ■f ....1......|.. 4 I f [ T If l.1.f ri '.i.fr 4~4 - f! Date ' !r .A i_4_^ Signature of Property Owner1 BK —0909 ‘33S,S96 ^ Vlctc Lund«en Co. Pnnters • fietgiis ijaJls. bW * 1-S00.34&4S70 IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft^Structure(s): Ft2Deck(s): P■M/>Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s); afFt2Stairway(s): X Ft2Retaining Wall(s): X Ft2Landscaping: (Piastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA:/ (^, U do .%X100 =^ OOP = LOT AREA IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): R2^ Structure(s): Ft2Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s); Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping; (Plastic Barrier) — Other:Ft2 /6 Ft2TOTAL IMPERVIOUS SURFACE: TOTAL IMPERVIOUS SURFACE LOT AREA Ft2LOT AREA: = 6 •.%X100 IMPERVIOUS SURFACE RATIO T Exact picture of one of my structures. Usually 18 ft to the bottom of the sign. Leaving plenty of underneath clearance for cars and trucks. sight for motorists leaving the variance property. S Also this sign will not obstruct the line of ,! m BditNmfigEiI i *t 'r r Fl*l Boby’s Arms Appear28 Days Prom Conception!i-'4 mmsmsim18003667773 ■ m \M »►' m i 1 IW 7 kij / / '4 \f\ ik\ / / •' *7 ■ *-aX^V #Pif/ ! ...A’iX //•/Ay:,.\^%r'l p‘'%3 .i./,tS4wfvitvy l’»!‘w Pr A'-XtTr .J ;w^- . 1^!.■■ I ****7 r- V »? ’i*" .• -r-' 'Ti A. ^ .i .-2.. ■ .f■- ■wfAsft. ‘<w' ■V’-I^J =^5 ^■t "r ».Wr^A K.Klalin J .'■/ If Accurate view of what no set-back would look what a 40 ft set-back would look like. Billboard structure one mile west of proposed variance site. Erected directly on RW Setback would have put them back by Ugstad building. ; 1 '"''ll. I !i :Otherside of the same billboard structure that is on the right of Way. i ! j ppv;"' I Grant Anderson owner of Stor-n-Lock and property located at 3423 Fir ave. e Fergus F^l give Michael Mortenson ofMortenson Outdoor Sig^ pei^ission to put up a sign at this location. /// / 7/ WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & 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 St-€L^property/project (Tax Parcel # described in my _______________ dated Application -3>//i>/// Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). DATED PROPERTY OWNER 01-03-2011 Mbowman app &forms- waiver 60 day rule ' > Wayne Stein From: Sent: Chuck Grotte Tuesday, April 26, 2011 2:37 PM Wayne Stein; Bill Kalar Rick West; Mary Kay Mitlyng Anderson - Mortenson Variance - CSAH 1 CSAH 1 - Anderson Mortenson.pdf; CSAH 1 - Anderson Mortenson.doc To: Cc: Subject: Attachments: Wayne & Bill The attached variance was approved April 14, 2011. It is subject to the requirements of our March 28, 2011 letter, also attached. My question is: Who is responsible to ensure they comply with conditions of paragraph 1 of our letter? See below. 1. As part of the rational or justification for the placement of the proposed billboard sign the applicants refer to other signs along CSAH No. 1 in this general area as being within the 40 foot setback area. In our review of the area we do not see any signs that appear to be within our highway right of way, however there are some that appear to be within the 40 foot jurisdiction of the Land & Resource Management Office that may not be in conformance. The existing signs should be reviewed for compliance with the 40 foot setback requirement or to ensure they have a variance on file. It seems to me that the variance should have been held until the conditions of the above were reviewed to ensure that the existing signs were in compliance vs. approving it based on "the same rights and privileges" which may actually be violations of the setback requirements. Thanks, Chuck If - rVAVrwi wJiTX ( JZLCPh^^ M4S iFiLOZAd^ ThCA€ IS ti€> ^57^ This ivt\e ^ /Mwer Pau>4. tz> RECEIVED MAY 0 3 2011 LAND & RESOURCE m 1 >1. OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #-------^-----;------- was filed/recorded in this office Kl on the _lA_day of 2002 at Q.nOfc^pm L. Metraif, County Recorder 9091^9 fbrreco Ddpuly"by:rrcotdingfeec well certificate Ik.(^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739 -2271 COMPLETE THIS APPLICATION IN BLACK INK Application Fee Receipt Number, Accepted By / Date PROPERTY OWNER Prcf)€i<hcs - Cla,irts'o^ daytime phone ADDRESS L~?0^ b/rvt. FuU-f A/ S'ioS^^l' LAKE NAME LAKE CLASSLAKE NUMBER _ SECTION 3 O TOWNSHIP I i 3 RANGE M Z PARCEL NUMBER R. 030QQ3QQ 2.1 SQO^__________ ft O /d«-\TOWNSHIP NAME E-911 Address 3 *iLZ Fi’^ Avt, P«H^svrF‘»-tir >*TK/ LEGAL DESCRIPTION SaG ft TYPE OF VARIANCE REQUESTED (Please Check) K Cluster Misc.Structure Setback Structure Size Sewage System Subdivision SPECIFY VARIANCE REQUESTEDThe. pfiVttI Uetx.i'ibed i»i Gpi.bit A ii *i*/2 metres. Cu/'VtitS CiiYve &. one cO o-ctre va*'«Avi(x of lik'nd O. Wit+tf s ■f/t'n 1VK 4t t><- tocw<n<ij l«-t/3 une Ai-'t pAo^cct will •o'C F The 3*^2 ac.'e 1>»c t «,e toV CU/Y''</\r Ht)'!-(»»+* Section VII cf +Ke fo •fto.n 5oWwtv»c'» ^tul- ^*•‘1'' cfi Fvi.'n Tk-e e,'Likt-i‘^^ pnvtel , 4a +h<-Access The » pAVctl Wi»t VC Itrte ^UY\y\&d oit of Ihc, Oit ti.c.vt Ad «*i- c>»ie iccvc p«^ceV -,,li ‘se H <90.Ul to 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. Xivj DATENATUFfE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) ' 1 « Ci t««D - OO? ~ Oo 9 -no " d^c ytf ■ '-6K. j '■ ■ /I J:aa /?/7i,j?ao^Date Of Hearing^jujJl Time Motion Otter - 1 Properties - Approved with conditions. (9:00 p.m.) Motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to approve the proposed subdivision with the condition that in addition to the one acre tract a 40’ wide area, as depicted on the applicant’s drawing, must be retained, by Otter - 1 Properties, from the proposed one acre tract to the public road and with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Hardship is the unique shape of the property. It was also noted that this area is a commercially developed area and that the granting of this variance will not establish precedence for this immediate area. -------C^irman/Otter tail County Board of Adjustment Per r s) required from Land & Resource Management . Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0501-001 305,391 * Victor Lundeen Cc., Printers, Fergus Falls, MN > 1-600-346-4670 EXHIBIT A TO APPLICATION FOR VARIANCE OTTER-1 PROPERTIES/KENT MATTSON Real property situated in Otter Tail County, Minnesota, tentatively described as follows, and later to be amended, to- wit: That part of the Northeast Quarter of the Southeast Quarter (NE^^SE^) of Section Thirty (30) , Township One Hundred Thirty- three (133), Range Forty-two (42), described as follows: Commencing at the Northeast corner of said Section Thirty (30) , and thence running South 3049.20 feet along the section line; and thence at a 90° angle West 457.60 feet to the point of beginning of the within described tract; thence West 407.40 feet; thence South 500.00 feet; thence East 150.00 feet; thence North 41°11'00" East 265.70 feet; thence North 15°22'00" East 311.15 feet to the point of beginning, containing 3.61 acres. AND Part of the East 865.00 feet of the Northeast Quarter of the Southeast Quarter (NE)4SE)^) of Section Thirty (30) , Township One Hundred Thirty-three (133) , Range Forty-two (42), described as follows: 715.00 Quarter of the Southeast Quarter (NE)4SEM) of Section Thirty (30) , thence West 150.00 feet; thence South 300.00 feet to the highway right of way line, thence easterly along said right of way line to a point on a line bearing South from the point of beginning, thence North to the point of beginning. Beginning at a point located 466.70 feet North and feet West of the Southeast corner of said Northeast August 8, 2002 Page tt 4 Terry and Debra Jellison - Approved with conditions. (8:35 p.m.) Terry and Debra Jellison, Fargo, ND, requested a variance of 20’ from the required ordinary high water level setback of 75' for the purpose of constructing a permanent home by connecting the house and garage and a variance to permanently attach approximately 28’ of Lot 17 and part of Lot 18 to Lot 16 to provide legal area for the 25% impervious surface rule. It should be noted that Lot 17 and the remaining part of Lot 18 will retain 100’ of lot width and will have 20,000 square feet of area. The property is described as Lot 16, 17 and the east 30’ of Lot 18, Sunny Beach Resort, Little Pine Lake in Gorman Township. The applicants’ architect appeared along with the applicants at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Randall Mann, second by Steve Schierer and unanimously carried, to approve the proposed development as requested with the following modification and conditions; 1.) no portion of the proposed development can be closer to the ordinary high water level than the main portion of the existing dwelling (for reference this has been circled in red on the applicant’s drawing), 2.) the two existing sheds down by the water must be either removed or placed in locations which meet all of the setback requirements of the ordinance, 3.) each of the applicants’ proposed lots, after the shifting of area from lot 17 to lot 16, must have at least 100’ of lake frontage/width and must have at least 20,000 square feet of area, and 4.) each lot must have impervious surface coverage of 25% or less after completion of the project. It was noted that after completion of the project there should be two standard sized lots. Otter - 1 Properties - Approved with conditions. (9:00 p.m.) Otter - 1 Properties, Fergus Falls, MN, requested a variance from Section VII of the Subdivision Controls Ordinance and a variance from the subdivision plat requirement to subdivide, by metes and bounds description, a one acre tract of land from an existing 4.5 acre parcel. It should be noted that access to the one-acre parcel would be through an easement reserved over the main parcel to County Road 1. The 3.5- acre balance of the existing parcel will be sold and the current owner will retain the one-acre parcel. The planned use of the one-acre parcel will be for the construction of a 40’ by 64’ storage building. The property is described as part of the Northeast Quarter of the Southeast Quarter, Section 30 of Aurdal Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to approve the proposed subdivision with the condition that in addition to the one acre tract a 40' wide area, as depicted on the applicant’s drawing, must be retained, by Otter - 1 Properties, from the proposed one acre tract to the public road and with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Hardship is the unique shape of the property. It was also noted that this area is a commercially developed area and that the granting of this variance will not establish precedence for this immediate area. Daniel and Nancy lacarella - Approved as requested with a condition. (9:13 p.m.) Daniel and Nancy lacarella, and Jeff and Beth Jones, Ramsey, MN, requested the following: splitting a 7.2- acre tract (282’ of lake frontage) on Big Pine Lake into 2 - 3.6 acre parcels. The westerly parcel is being permanently attached to the lacarella’s other property. The remaining easterly parcel is to be used for single family residential use by Jeff and Beth Jones. The minimum size for metes and bounds subdivision within the shoreland management area is 5 acres. The property is described as part of Government Lot 2, Section 22 of Pine Lake Township by Big Pine Lake. Jeff and Beth Jones appeared along with the applicants at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Paul Larson and unanimously carried, to approve the proposed subdivision as requested with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Wvrtt uil4.J 1 iO 1 \oo.grid(s) equals feet, or Jnch(es) equals feetScale:. Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper­ vious surface. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) %X 100 = Total Impervious Surface Onsite (FT2) Total Lot Area (FT2)N ^OikT H HOS". “I 5"' iXC^iS V,' N ■fP ■I 2 ^ tZ30'^ -S V S -*£ f-S5 <: a:<s o T V> T dr* J ?vrt Vo V-Vc. eQ.rJ fJ .0+. y 4>Ks 2 ? -i \UC0 '*/l 9t lU o Id I "3 I ^ya.o cv z z z<^ z-/0^ ^0Z- Cr'H!'’"!! July \0,ZO^l I Dated<ignature BK — 0500 — 029 304,678 • Victor Lundeen Co.. Printers • Fergus Palls, MN • 1-800-346-4870 Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 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; Otter -1 Properties 2708 Lakeview Drive Fergus Falls, MN 56537 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 8, 2002, at 7:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN, (Please use the west Law Enforcement entrance.) 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 the Northeast Quarter of the Southeast Quarter, E911 Address - 3423 Fir Ave East Section 30, Township 133, Range 42 - Township Name - Aurdal Lake No. 56-NA, Lake Name - NA, Class - NA The variance requested is: a variance from Section VII of the Subdivision Controls Ordinance and a variance from the subdivision plat requirement to subdivide, by metes and bounds description, a one acre tract of land from an existing 4.5 acre parcel. It should be noted that access to the one-acre parcel would be through an easement reserved over the main parcel to County Road 1. The 3.5-acre balance of the existing parcel will be sold and the current owner will retain the one-acre parcel. The planned use of the one-acre parcel will be for the construction of a 40’ by 64’ storage building. Board of Adjustment Secretary Date: July 12, 2002 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 15th, day of July, 2002 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Otter-1 Properties, 2708 Lakeview Drive, Fergus Falls, MN 56537 William Davis, Twp Clerk of Aurdal, 24524 W Rivers Bend Rd, Fergus Falls, MN 56537 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., 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, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Frank Lachowitzer, 43529 County Highway 53, Perham, MN 56573 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 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: July 15th, 2002 Wayne Stein, Secretary Otter Tail County Board of Adjustmei^ By:a.^i Manderud D