HomeMy WebLinkAbout60000210196000_Variances_05-05-2005•7005
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify ^
this instrument it ^ /olXQ976116
was fiied/recorded in this office
for record on the_Ll_day of
2005
Li Metralf J^ourUy
” receding
--------------------weil certificate
Wend'rder
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER RECrM/ro
MAR 1 7 2005
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
L/..ND 4 RESOURCE
Application Fee
(]jujfjL^ln]c)S>
, , U « ficCcr/
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
A/of^L IaA,"(c,LAKE CLASS N ^LAKE NAMELAKE NUMBER
13/II TOWNSHIP NAMERANGETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER ^r)'0OD'XI'0(H'00O E aP IA.02.1 C/> 43lAAj
LEGAL DESCRIPTION
lof- ^ 0-f t^*70
TYPE OF VARIANCE REQUESTED (Please Check)
v/Sewage System Subdivision Cluster Misc.Structure SizeStructure Setback
SPECIFY VARIANCE REQUESTED
We are requesting a 100 foot setback from the original high water line versus the normal 200 foot setback. Our
hardship is that we believe the environmental impact will be reduced at 100 feet due to the topography.
Specifically a 200 foot setback would require substancially more tree removal and fill to be brought in than the
100 foot setback. Additionally and notably, we acted as conservation oriented advocates for Ten Mile
Lake through recently placing all of our land 171 acres and 18,000 feet of shoreline along North Ten Mile Lake,
South Ten Mile Lake and Unnamed Lake No. 56-612 into a conservation easement (insuring that it will never be
subdivided and developed) and then unexpectedly lost our housing lease. We were able to lease for over 75
years a cabin in the immediate area which allowed us to maintain the property in a more natural state with no
buildings. We respectfully request the board take into consideration our request for reduced environmental
impact and our well documented total conservation efforts when considering this variance.
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.
>/n/ 6 r
SIGNATURE OF PROPERTY OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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TimeDate Of Hearing
Motion
Dalton Association, LLP - Withdrawn
pril 20, 2005 ^-^ecretary recejyeef a letter froj»-tff§^obert Wa
itip:iBC(^e speakj
requested. Th^^plicant submitted^ letter requ^stifTg the tablinaefme hearin
cpnsideratj0f(and discussiorr^^dall Mann a motion, e^<5ond'by Michael Conlon an
table thiefl^earing, as requested by the applicant, until the Mdy 5, 2005 Boara of Adjustment meeting.
ullertonjiotifying iror against4h^^rianc^
]| Thursday,,Mcfy 5, 2005;,>rff^
fnanimously^c^ied to
May 5, 2005 meeting -
lAptSc^raQQStma^tim^ttnttallvMgilheiSllaQLfsistted
cfee ^ /ouJ
O^.
Chairman/Otter Tail County BcJard of Adju^ment /
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
LR Official/Date ' ' ' ~
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
April 7, 2005 meeting -Randall Mann, Chair, polled the audience with no one speaking for or against the variance as
requested. The applicant submitted a letter requesting the tabling of the hearing until Thursday, May 5, 2005. After
consideration and discussion, Randall Mann made a motion, second by Michael Conlon and unanimously carried to
table this hearing, as requested by the applicant, until the May 5, 2005 Board of Adjustment meeting. May 5, 2005
meeting - On April 20, 2005 the secretary received a letter from the Robert Wagner Fullerton notifying the Board that
they are withdrawing there requested application for variance.
bk 0903-001
315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota
RECEIVED
MAR 1 7 2005
1 LAND & RESOURCE
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(DJVIRONXffiNTAL )
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200' setback W'LOD
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T3 NE’LY LINE OFc ^ OF C.S.A.H. NO. 35nACKER SON SUBDIVISION_i AS CONSTRUCTED AND
PER HWY R/W MAPc0VI
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May 5,2005
Page 6
Shawn Scheer- Denied. (8:55 p.m.)
Shawn Scheer, Lots 26 and 27, Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested a
variance to separate two substandard contiguous lots and to have each lot declared buildable. April 7,
2005 meeting -Randall Mann, Chair, polled the audience with no one speaking for or against the variance
as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer
and unanimously carried, with the verbal permission of the application, to table this request until the May 5,
2005 Board of Adjustment meeting for detailed information regarding the water frontage, lot width and lot
area of each lot. May 5, 2005 meeting - After discussion and consideration, Cecil Femling made a
motion, second by Steve Schierer and carried, with Paul Larson and Michael Conlon voting no and with
Rod Boyer abstaining, to deny the variance as requested as no adequate hardship unique to the property
had been demonstrated that would allow for the granting of the variance as requested. There was
considerable discussion regarding Mr. Scheer’s situation. The discussion centered on issues ranging from
how the property was marketed, to how property tax records are maintained, to the notification procedures
and process, to the difference between taxation records verses how contiguously owned property could be
developed, to the process used when issuing permits.
Dalton Association, LLP - Withdrawn
Dalton Association, LLP, Sub Lot A of Government Lot 4, Section 21 of Tumuli Township by North Ten Mile
Lake, requested a variance of 100’ from the required ordinary high water level setback of 200’ for
development 100’ from the ordinary high water level. April 7, 2005 meeting -Randall Mann, Chair, polled
the audience with no one speaking for or against the variance as requested. The applicant submitted a
letter requesting the tabling of the hearing until Thursday, May 5, 2005. After consideration and discussion,
Randall Mann made a motion, second by Michael Cpnjon and unanimously carried to table this hearing, as
requested by the applicant, until the May 5, 2005 Board of Adjustment meeting. May 5, 2005 meeting -
On April 20, 2005 the secretary received a letter from the Robert Wagner Fullerton notifying the Board that
they are withdrawing there requested application for variance.
With no further business Randall Mann, Chairman, declared the meeting adjourned at 9:30 p.m..
ayne Stan, Secretary
May 5,2006
Page # 6
Shawn Scheer-Denied. (8:55 p.m.)
Shawn Scheer, Lots 26 and 27, Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested a
variance to separate two substandard contiguous lots and to have each lot declared buildable. April 7,
2005 meeting -Randall Mann, Chair, polled the audience with no one speaking for or against the variance
as requested. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer
and unanimously carried, with the verbal permission of the application, to table this request until the May 5,
2005 Board of Adjustment meeting for detailed information regarding the water frontage, lot width and lot
area of each lot. May 5, 2005 meeting - After discussion and consideration, Cecil Femling made a
motion, second by Steve Schierer and carried, with Paul Larson and Michael Conlon voting no and with
Rod Boyer abstaining, to deny the variance as requested as no adequate hardship unique to the property
had been demonstrated that would allow for the granting of the variance as requested. There was
considerable discussion regarding Mr. Scheer’s situation. The discussion centered on issues ranging from
how the property was marketed, to how property tax records are maintained, to the notification procedures
and process, to the difference between taxation records verses how contiguously owned property could be
developed, to the process used when issuing permits.
Dalton Association, LLP - Withdrawn
Dalton Association, LLP, Sub Lot A of Government Lot 4, Section 21 of Tumuli Township by North Ten Mile
Lake, requested a variance of 100' from the required ordinary high water level setback of 200’ for
development 100’ from the ordinary high water level. April 7, 2005 meeting -Randall Mann, Chair, polled
the audience with no one speaking for or against the variance as requested. The applicant submitted a
letter requesting the tabling of the hearing until Thursday, May 5, 2005. After consideration and discussion,
Randall Mann made a motion, second by Michael Conlon and unanimously carried to table this hearing, as
requested by the applicant, until the May 5, 2005 Board of Adjustment meeting. May 5, 2005 meeting -
On April 20, 2005 the secretary received a letter from the Robert Wagner Fullerton notifying the Board that
they are withdrawing there requested application for variance.
With no further business Randall Mann, Chairman, declared the meeting adjourned at 9:30 p.m..
uJWayne (Stein, Secretary
Robert Wagner Fullerton
3915 IDS Center, 80 South S'" Street
Minneapolis, MN 55402
612-337-8000
RECEIVED
OTTERtail cn
. APR 0 4 2005
iniTOR
FERGUS FALLS, MN'
April 1,2005
Wayne Stein
County Auditors Office
Government Services Center
510 Fir Avenue West
Fergus Falls, MN 56537
Dear Wayne:
To follow up on our phone conversation, this letter is to inform you of my inability to
attend the April 7*'’ variance meeting to present our request for the Dalton Association.
If possible, I would be grateful if our request could be tabled until the May 5*'’, 2005
meeting.
If you have any questions, please give me a call.
Sincerely,
Robert W. Fullerton
April 7, 2005
Page # 3
Ken Lyden - Approved as requested with conditions. (7:58 p:m.)
Ken lyden, Lot 25 Crystal Springs, Crystal Lake in Lida Township, requested the following: would like to
split Lot 25 of Crystal Springs, and permanently,attach the west half to Lot 10 and the east half to Lot 11 of
Crystal Springs. To be used for the construction of non-residential buildings (garages). Randall Mann,
Chair, polled the audience with no one speaking for or against the variance as requested. An email from
Corey and Rita Olson supporting the variance as requested with the following stipulations was read for the
record;1. the non-residential building have the same exterior siding and material as the corresponding
home, and 2. that the structures be of one-story construction. After consideratiori and discussion, Randall ^
Mann made a motion, second by Steve Schierer and unanirnously carried to approve the proposed
subdivision of Lot 25 Crystal Springs with .the following conditions: 1) the west half of Lot 25 must be
permanently attached to Lot 10 and the east half of Lot 25 must be permanently attached to Lot 11; 2) only
non dwelling structures can be constructed on Lot 25; 3) development on Lot 25 must hrieet all ordinance
requirements; and 4) the area in Lot 25 cannot be included when determining impervious surface coverage
for front lot development.
Kenneth and Cynthia Hoppe - Approved as requested. (8:07 p.m.)
Kenneth and Cynthia Hoppe, all of Lots 1 and 2 and part of Lot 3, Brightwood'Shoreline and part of
Government Lot 5, Section 34 pf Star Lake Township by Dead Lake, requested a variance of 104’ from the
required ordinary high waiter level setback of 200’ for ah addition 96’ from the ordinary high water level at
its closest point. Randall Mann, Chair, polled the audience with no one speaking for or against the
, variance as requested. After consideration and discussion, Paul Larson made a motion, second by.
Michael Conlon and unanimously carried, to approve the variance of 104’ from the required ordinary high
water level setback of 200’ for an addition 96’ from th0;prdinary high water level at its closest point.
Hardship is the terrain of the applicants’ property. The-Board noted that the proposed development would
not obstruct the view from the adjacent properties.
Shawn Scheer-Tabled (8:10 p.m.)
Shawn Scheer, Lots 26 and 27, Heilberger Lake Estates, Heilberger Lake in Friberg Township, requested a
variance to separate two substandard contiguous lots and.to have each lot declared buildable. Randall
Mann, Chair, polled the audience with no one speaking for or against the variance as requested. After •
consideration and discussion, Randall Mann made a motion, second by Steve Schiererand'unanimously
carried, with the verbal permission of the application, to table this request until the May 5, 2005 Board of
Adjustment meeting for detailed information regarding the water frontage, lot width and lot area of each lot.
Dalton Association, LLP - Tabled (8:25 p.m.)
Dalton Association, LLP, Sub Lot A of Government Lot 4, Section 21 of Tumuli Township by North Ten Mile
Lake, requested a variance of 100’ from the required ordinary high water level setback of 200’ for
development 100’ from the ordiriaty high water level., Randall Mann, Chair, polled'the audience with no one
speaking for or against the variance as requested. The applicant submitted a, letter requesting the tabling
of the hearing until Thursday, May 5, 2005. After consideration and discussion, Randall Marin made a
motion, second by Michael Conlon and unanimously carried to table this hearing, as requested by the,
applicant, until the May 5, 2005 Board of Adjustment rrieeting.
r ‘
.f
Robert Wagner Fullerton
3915 IDS Center, 80 South S'" Street
Minneapolis, MN 55402
612-465-0335
recededfci in'ioPrnOTTFPT^'"
APR 2 2 2005
FERGUS FALLS, MN'
April 20, 2005
Wayne Stein
County Auditors Office
Government Services Center
510 Fir Avenue West
Fergus Falls, MN 56537
Dear Wayne:
Please be advised of the Dalton Association, LLP decision to drop our request for
variance. We had previously tabled the variance request to the May 5‘*’, 2005 meeting
and are no longer going to proceed with that request.
If we are entitled to any refund, please forward it to:
Wendy Christensen
Dalton Association, LLP
13355 10*'’ Avenue North, Suite 100
Plymouth, MN 55441
Thank you for your assistance with this matter.
Sincerely,
Robert W. Fullerton
Dalton Association, LLP
General Partner
Cc: Wendy Christensen
Mi wMiilliiJB lilip—
Blue Rock Advisors Inc
LWHtC!
P-2G12 337 8002Apr 01 OS 10Jl4a
Robert Wagner Fullerton
391S IDS Center, 80 South 8'" Street
Minneapolis, MN 55402
612-337-8000
April 1,2005
Wayne Stein
County Auditors Office
Government Services Center
510 rir Avenue West
Fergus Falls, MN 56537
Dear Wayne:
To fi)llowr up on our phone conversation, this letter is to inform you of my inability to
attend the April 7'*' variance meeting to present our request for the Dalton Association.
If possible, I would be grateful if our request could be tabled until the May 5'*’, 2005
meeting.
If you have any questions, please give me a call.
Sincerely,
Robert W, Fullerton
Blue Rock Rdvisors Inc
[ililiKEHi]
p. 1G12 337 8002Rpr 01 gs 10s l^la
ROCKBLUE
ADVISORS
39 I 5 IDS CENTER
BD SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
61 2/337-8000
FAX: 6 12/337-8002
4.1-05^DATE;
TO:
COMPANY:
PAX:
£cl]r (uJ IciAtTV^FROM;
PHONE:612/337-8000
2- U>/TOTAL PAGES:
COMMENTS:
OriOAMLtA^ ^IIA-^
ffyou have received this fax in error, or if you have experienced transmission problems,
please call our office at 6121,^37^000. Thank you.
CONFIDENTIALITY NOTICE: Tlit accompanyim; ihi.s fax conciiii information whidi is confidential.
Ttie information is intended only for the use of the intended recipient. If you are not the intciuleil recipient, you
hereby notified that any disclosure, copying;, distribution or tJie talcing of any action in reliance on the contents of ilie
telecopied information except its direct delivery to the intended recipient named above is strictly j>roliibitcd.
are
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
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:
Dalton Association LLP
13355 lO'^AveN
Suite 100
Plymouth, MN 55441
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 7, 2005 at 7:30 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
Sub Lot A of Government Lot 4,
Property Address - East of 12021 County Highway 35
Section 21, Township 131, Range 42-Township Name-Tumuli
Lake No. 56-604, Lake Name - North Ten Mile, Class - NE
The variance requested is -
a variance of 100’ from the required ordinary high water level setback of 200’ for development 100’ from the
ordinary high water level.
'Wayne Stein
Board of Adjustment Secretary
Date: March 18, 2005
Parcels Entered
Parcel
60000210193000 DALTON ASSOCIATION LLP 13355 10TH AVE N STE 100 PLYMOUTH MN 55441 5554
ATTN WENDY N CHRISTENSEN
60000210196000 DALTON ASSOCIATION LLP 13355 10TH AVE N STE 100 PLYMOUTH MN 55441 5554
ATTN WENDY N CHRISTENSEN
PLYMOUTH60000280233000 DALTON ASSOCIATION LLP 13355 10TH AVE N STE 100 MN 55441 5554
ATTN WENDY N CHRISTENSEN
:Page I of 1Thursday, March 17, 2005
»
. 4
Print Key Output Page 1 03/17/05 11:11:085722SS1 V5R3M0 040528 OTTER
Display Device User......................QPADEVOOIWJTHOMPSO:
RCB310M1 RECAP Collection System R 60000210196000Calc thru: 3/17/2005
Inquiry - General Summary (A) ♦NOTES EXISTR2006 Mod?
Taxpayer DALTON ASSOCIATION LLP ATTN WENDY N CHRISTENSEN 13355 lOTH AVE N STE 100 PLYMOUTH MN 55441-5554 Alternate
MP#:Total: EMV125,000Dist: 6003 TIE Dist:
Plat :
Sect
100341 Deeded acres
8.70LMV85,100
Twnshp Range Lot 042SUB LOT A OF G.L. 4
Block21131Subd:
scrow NON-HSTD - SEASONAL RES RECrop Address
OriginalT Adj/Chg Payments Unpaid Bal/ Net Tax
f Special Asmt Tot before P&I Penalty Interest
Fees* ‘TotalsF2=Tier F14=Legal F16=Notes F17=APINs F19=OtherNames F24=MoreKeys A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=CAMA Y=CMP
Y/)Mu ilmru
-
Print Key Output Page 1 11:48:1303/17/055722SS1 V5R3M0 040528 OTTER
Display Device
User ....QPADEVOOIWJTHOMPSO
3/17/05
11:47:19DOCUMENT VERIFIED Document#Date Recorded: Instrument: EAS
OTTER TAIL COUNTY DOCUMENT NUMBER INQUIRY RCI231ABSTRACT
A 9249394/07/2003
EASEMENT Time Recorded: 3:10 24.00Date of Instrument: 3/31/2003
MAIL (REGULAR)
PM Fees:
Returned To Address LI Address L2City/St/Zip: ST PAUL
Grantor 1:T\( "GrtmLiie. 1-1
Grantee 2:
MINNESOTA LAND TRUST 2356 UNIVERSITY AVE W
MN 55114DALTON ASSOCIATION LLP_
Comments:Cartridge #:
Deed Stamps Reference: A 924940 Legal Description: YF2=View Ref F3=Exit F8=Legal F12=Cancel Help
Book:Page:.00 Consideration $
Inst: NOT Book:.00Page:
Print Key Output Page 1 11:11:1103/17/055722SS1 V5R3M0 040528 OTTER
Display Device
User ....QPADEVOOIWJTHOMPSO
♦* Working Paper Values ♦NOTES* WATERCAM510A02 Year T Property 2006 R 60000210196000 NBHD
★ *Site/Owner
TUMULIDALTON ASSOCIATION LLP Base Rate 300.000 300.000 300.000 300.000 1600.000Total Land Value Base Rate
100.00 MCCC NBHDLandN TENMILE N TENMILE N TENMILE N TENMILE WOODLOT+
# Units
200.000 200.000 100.000 300.000 2.800 8.698
Value54000361808910214204480124990Value
UTFFFFFFFFACTotal Acres # Units UT Year QualExtra Features
Total XFOB Value Eff Rate 0BuildingsAct Area AYB EYB Qual Value
Total* * *Bldg Total
F24 =MoreKeys
ValueValue 0Property Use 000550 VACANT LAND SRR Fl=Help F2=Sales F3=Exit F19=Notes 124990PGUP/PGDN
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 Taii County, Minnesota, do hereby
certify that on the 21st, day of March, 2005 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Daiton Association, LLP 13355 10“' Ave North, Suite 100 Plymouth, MN 55441
Herbert Sorbek, Twp Clerk of Tumuli, 11847 Bankers Dr., Daiton, MN 56324
Ten Mile Lake, Randy Zens - 10643 Morningside Dr., Dalton, MN 56324
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, Otter Taii County Highway Engineer, Courthouse, Fergus Faiis, MN 56537
Terry Lejcher, DNR 1509 r' 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, 3310 Roliins Beach Tris, Fergus Faiis, MN 56537
Cecii B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael C. Conlon, PO Box 236, New York Mills, MN 56567-0236
Rick Wilson, 609 W Lakeside Dr, Fergus Faiis, MN 56537
by placing a true and correct copy thereof in a seaied enveiope, postage prepaid, and depositing the
same in the United States Maii at Fergus Faiis, MN, property addressed to each of the individuais
iisted above and/or listed in the attachment.
Dated: March 21st, 2005
Wayne Stein, Secretary
Otter Taii County Board of Adjustment
By:
Vi Manderud