HomeMy WebLinkAbout02000140104003_Variances_08-11-2016Variances
2
Barcode 128
^178621
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
OS/16/2016 9;21 AM
RECEIVED
JUL 21 2016
LAND & RESOURCE
o
FEE: 46.00
PAGES 5
WELL CERTIFICATE REC’D: N
-------ill* iOO
ife : 'MDL&R Initial
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 ^hb
cMReceipt Number iJb\l^~\7JpCOMPLETE THIS APPLICATION IN BLACK INK
Accepted By / Date
/0/5^ ^A , 5 72L2
PROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS
LAKE NUMBER LAKE NAME
i
___LAKE CLASS tO
/? ______1X-.
- r>
/3 f RANGE ^ ^/O TOWNSHIP NAMESECTION TOWNSHIP
A [ 0 f Coi )h)PARCEL
NUMBER
E-911
ADDRESS
LEGAL DESCRIPTION3^ i ^Ccr^ S
<9E //i/ t
TYPE OF VARIANCE REQUESTED (Please Check)
Misc. XStructure Setback Structure Size Sewage System Subdivision Cluster WECS
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
i),y
^sK / o
AE </t'
lat 2
kit ^ ^ wf r^ca r/i .
V
aI UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS 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.
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
-7-\^-)L
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345,194 * Victor Lundeen Co., Printers • Fergus Falls. Minnesota
75
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To
T(^c£r^C)(ceLji,
30/T:>j^l2 ky:i jllJ //<^: /Tr PrnTimeDate Of Hearing
2
Motion
Evan Nelson - Variance application approved as requested with conditions. (8:18 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Rick Wilson and carried with Paul Larson voting no,
to approve the creation of 2 - 'A acre nonresidential backlots as requested in the application dated July 18, 2016 with the condition
that a registered surveyor’s drawing must be presented at the time of conveyance and with the condition that there is County
Highway Department approval of the access to these two newly created parcels. The variance as approved for the proposed
subdivisions does not directly or indirectly grant any other variance for future development.
Chairman/Otfef'Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
' Yes (Contact Land & Resource Management)
X No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR 0.
bk 072011-001
ri.
DOC# 1140285 III
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTANo delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ^ ) filed (
Certificate of Real Estate Value No.
Wayne Stein, County Auditor
1140285
Fee: $46,00
Well Certificate [ ] Rec'd
) not required.Certified, Filed, and/or Recorded:
February 18, 2014 10:10AM
Brian Armstrong, Recorder
(Year) ,
Returned To;II WEST CENTRAL ABSTRACT
202 WEST JUNIUS AVENUE_
: FERGUS FALLS
by_Qt_______________
C^-000'H-Ol0'\-OC3 37 ‘■'-Deputy
(Top 3 inches reserved for recording dal
DEED OF SALE
by Individual Personal Representative to Individual(s)
eCRV number:yf-Mi'Tv r)F OTTttH (».<U
£T«kTE OF MINNESOTA
t'~_0 .Ajr <5
FOR VALUABLE CONSIDERATION, Bethany V. Tjomhom, as Personal Representative of the Estate of Christopher Mark Tjornhom,
Decedent, single Q married S at the time of death (if “married” is checked, then attach a Consent of Spouse) ("Grantor”), hereby conveys
and quitclaims to Evan P. Nelson ("Grantee”), real property in^tJftfWJi^ounty, Minnesota, legally described as follows:
DATE: February 10,2014DEED TAX DUE: $.
The Southeast quarter of the Northeast Quarter (SE1/4 NE1/4) of Section 14, Township 134, Range 40, Otter Tail County, Minnesota, except
the two tracts described as follows:
1) Commencing at the Northeast corner of the Southeast Quarter of the Northeast quarter (SE1/4 NE1/4) OF SAID Section 14,
Township 134, Range 40, running thence West 24 rods, thence South 6 % rods, thence East 24 rods to the Section line, thence
North 6 % rods to the place beginning. Also described of record as the North 6 ’A rods of the East 24 rods of the Southeast Quarter
of the Northeast Quarter (SE Vi NE Vi).
2) That part of the Southeast Quarter of the Northeast Quarter (SE % NE Vi) of Section 14, Township 134, Range 40, Otter Tail County,
Minnesota, described as follows: From the Southeast corner of said subdivision West on the South line thereof 125.8 feet to the
East right-of-way of the County Aid Road; thence North 39 degrees 52" East 194.8 feet to the East line of said Subdivision; thence
south on this line 149.5 feet to the place of the beginning.
Check here if all or part of the described real property is Registered (Torrens) O
together with all hereditaments and appurtenances belonging thereto.
ECB-1055 Page 1 of 2
DEED OF SALEPage 2 of 2
Check applicable box:
S The Seller certifies that the Seller does not know of
any wells on the described real property.
□ A well disclosure certificate accompanies this
documentor has been electronically filed. (If electronically filed,
insert WDC number; [...J.)
□ I am familiar with the property described in this
instrument and I certify that the status and number
of wells on the described real property have not changed
since the last previously filed well disclosure
certificate.
Grantor
f\s PH Qar
Bethany V. Tjomhom 'I
State of Minnesota, County of CARVER
This instrument was acknowledged before me on February 10,2014, by Bethany V. Tjomhom as Personal Representative of the Estate of
Christopher Mark Tjomhom, Decedent.
(Stamp)
JERRY A MCDONALD
NOTAIW PUBUC - MINNESOTA
MY COMMISSION EXPIRES 01/31/17
cominiBsion expires:(itmlhf<layfyeat)
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
THIS INSTRUMENT WAS DRAFTED BY;
Law Office of Jerry A. McDonald, PLC
600 West 78<^ Street, Suite 230
P.O. Box 159
Chanhassen, MN 55317*0159
952 253-1406
Ryan P. Nelson
County Hwy 1
Richville, MN 56576
4
(Top 3 inches reserved for recording data)
CONSENT OF SPOUSE
to Deed of Sale; Personal Representative
Bethany V. Tjornhom, spouse of Christopher Mark Tjornhom, Decedent, consents to the Deed of Sale: Personal. Representative to which
this Consent is attached.
Spouse of Decedent
21
Bethany V. TjomRbm
State of Minnesota, County of CARVER
This instrument was acknowledged before me on February 10,2014, by Bethany V. Tjornhom, spouse of Decedent.
\
%(Stamp)
\/UBrialoffk
JERRY A MCDONALD
MOTARY PUBLIC-MINNESOTA MY COMMISSION EXPWES 01/31/17 ;ille (OTd Rank):
M'lission expires?
fmort/i/Uay/yeac/
Note: This form cannot be recorded independentiy. ft must be attached to a Deed of Sale: Personal Representative (ECB Form 1053 through 1058)
ECB-7011 Page 1 of 1
Steve and Linda Hanson - Approved requests 1, 2 and 3 and denied request 4. (8:10 p.m.) - Continued
The audience was polled with Bob Madsen speaking for the variance as requested. An email from Greg Fry
supporting the applicants’ entire request with the exception of the side lot line setback was read for the record. After ,
consideration and discussion, Thomas Lee made a motion, seconded by Rick Wilson and unanimously carried,, to
approve a variance of 56’ from the required ordinary high water level setback of 75’ for a 28’ by 32’ two stoi-y
replacement dwelling located 19’ from the ordinary high water level, to approve a variance of 480 square feet for the
placement of 740 square feet of impervious surfaces witliin the shoi'e impact zone, to approve a variance of 2’ from
the required septic tank setback of 10’ for the placement of stoop 8’ from the septic tank as depicted on the drawing
submitted with the variance application and to deny the variances as requested for the proposed 6’ by 8’ storage shed
as no adequate hardslrip/practical difficulty had been shown that would allow for the granting of the variances as
requested and there.are other locations 'available for the placement of the proposed 6’ by 8’ shed that will not require
the granting of variances. The variances as approved do not directly or indirectly grant any other variances for the
proposed or future development.
Evan Nelson - Variance application approved as requested with conditions; (8:18 p.m.)
Evan Nelson, part of the Southeast Quarter of the Northeast Quarter, Section 14 of Amor Townslrip by Otter Tail
Lake, requested the following: Asking to attach 2 - Vi acre back lots to the lake lots across the road. They might be a
bit farther away than the 200’ limit because of wetlands. Permanently attaching ‘A acre lots from 0200014014003 to
Lot 1 Block 1 Beauty Beach First Addition (02000990858000) and Lot 2 Block 1 Beauty Beach First Addition
(02000990859000). Survey will be provided upon recording. Proposing to create 2 non-residential lots without
platting. These lots will be pennanently attached to lake lots as indicated. Remaining tract will exceed 5 acres.
Lauris Woessner and Dale and Marilyn Nelson appeared on behalf of the applicant. The audience was polled with no
one speaking for or against the variance as requested. A letter from Charles H, Grotte, P.E., Assistant County
Engineer addressing access to the proposed back lots was read for the record. After consideration and discussion,
Steve Schierer made a motion, second by Rick Wilson and caixied with Paul Larson voting no, to approve the creation
of 2 - Vi acre noimesidential backlots as requested in the application dated July 18, 2016 with the condition that a
registered surveyor’s drawing must be presented at the time of conveyance and with the condition that there is County
Highway Department approval of the access to these two newly created parcels. The variance as approved for the
proposed subdivisions does not directly or indirectly grant any other variance for future development.
Mike and Kadie Hansen - Variance application approved as modified. (8:30 p.m.)
Mike and Kadie Hansen, Lot 6 Olson’s Maplewood Lida Beach, Lake Lida in Lida Township, requested the
following: Propose to construct a dwelling with attached garage (irregular shaped) being 4’ 6” from the right-of-way
at the closet point (requirement is 20’). The audience was polled with no one speaking for or against the variance as
requested. A letter from Gregoiy and Deborah Erickson expressing concern with the potential obstnaction of their
view was read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Thomas
Lee and unanimously carried, to approve a variance of 10’ from the required road right-of-way setback of 20’ for the
placement of a dwelling with attached garage at least 10’ from the road right-of-way at the closet .point! It was noted
that the proposed dwelling will have a height of 28’. The proposed development is similar to other development
within this immediate area. The variance as approved does not directly or indirect grant any other variances for the
proposed development.
Page I 5 August 11,2016
. OTTER TAIL COUNTY
HIGHWAY DEPARTMENT
PUBLIC WORKS DIVISION
WWW.CO.OtTER-TAIL.MN.US
SOUTH COURT BUILDING
505 SOUTH COURT STREET, SUITE 1
FERGUS FALLS. MN 56537
218-998-8470
FAX; 218-998-8488
August 5, 2016
Mr. Wayne Stein
Board of Adjustments Secretary
510 Fir Avenue W
Fergus Falls, MN 56537
RE: Variance for Attaching Backlots
CSAHNo. 1
Northwest of 38974 Co Hwy 1
Dear Wayne;
We have reviewed this request and have the following comment:
1. It is not clear what the intent is here, but we assume that either the lake lots with attached
backlots or remaining parcel will be sold at some time. At the time either are sold, or sooner,
the property owners will need access to the backlots fix)m the highway. Being on the inside of a
curve is not the best location for the approach to be constructed. If an approach will be desired,
the property owner will need to submit an Approach Application to the Otter Tail County
Highway Department for review and ^roval. Only one joint use approach would be
considered for the two backlots. The property owners should consider their access needs and
meet with the Highway Maintenance Supervisor to determine if and where the combined
approach could be constructed prior to approving this variance request.
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
'ACharles H. Grotte, P.E.
Assistant County Engineer
CHG:mk
cc: Richard West, County Engineer
Rick Hoium, County Highway Maintenance Supervisor
Land & Resource Management Office
File
OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
otter Tail County, MinnesotaI
Accuracy is not guaranteed. NOT to be construed or used as a legal description.
)00140103001
Q 02000140104003
14
02000140104000 !
Rd/SZWIII
JOOft anxMoiiTOD!bi1
Copyright 2014 Otter Tail County, MN, Accuracy is NOT guaranteed. For REFERENCE purposes only THIS IS NOT A LEGAL DOCUMENT Fri Jul 82016 09:13:26
AM.
Otter Tail County, Minnesota
Accuracy is not guaranteed. NOT to be construed or used as a legal description.
Copyright 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENCE purposes only. THIS IS NOTALEGAL DOCUMENT. Fri Jul 8 2016 09:14:04
AM.
SCALE DRAWING FORM
y' 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, welis. wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
Scale
19616 90'^
JS-JS
w('I'*""" ^
dvJi
A/
t?
\V
1 "t)/ / /^y 1/ J >
K V
V'*
1
i)
BK — 032014 3F>4 120 • VicitJC iiinilepr'. Co WN ♦ 1-300-346’487 ;
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
^ \JLot Area (ft^):Signature:Date:
Buildings Other Impervious Surface
Existing Proposed Existing Proposedi-x2Ft^Ft Ft Ft
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
I;-.-' .>’•Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Total Buildings Ft
100 =+-f-X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^ Ft^
100+-r X
Impervious Surface Calculation Worksheet 03-25-2014
Notice of Hearing for Variance
e otter Tail County
Government Services Center
510 Fir Ave W
Fergus Faiis, MN 56537
Phone - (218) 998-8030/998-8041
Emaii - wstein@co.ottertaii.mn.us
Web Address - www.co.otter-taii.mn.us
9mm\\
Applicant and/or applicant’s representative must be present at the scheduied hearing.
To Whom It May Concern:
Evan Nelson
1015 E Walnut St.
Sisseton, SD 57262
has/have 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, August 11, 2016 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 pubiic hearing.
The property concerned in the application is legally described as
part of the Southeast Quarter of the Northeast Quarter,
Property Address - Northwest of 38974 County Highway 1
Section 14, Township 134, Range 40 - Township Name - Amor
Lake No. 56-242, Lake Name - Otter Taii, Class - GO
The variance requested is -
the foilowing: Asking to attach 2 'A acre back iots to the lake lots across the road. They might be a bit farther away than
the 200’ limit because of wetiands. Permanentiy attaching 'A acre lots from 0200014014003 to Lot 1 Block 1 Beauty
Beach First Addition (02000990858000) and Lot 2 Biock 1 Beauty Beach First Addition (02000990859000). Survey wili be
provided upon recording. Proposing to create 2 non-residential lots without piatting. These iots wili be permanently
attached to lake lots as indicated. Remaining tract wili exceed 5 acres.
iVayne Stein
Board of Adjustment Secretary
Juiy 21,2016
/
OTTER TAIL COUNTY
Fergus Falls, Minnesota.-•iT-
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 26th, day of July, 2016 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Evan P Nelson, 7 Summit St, Sisseton, SD 57262 2305
Brenda L Hildebrand, Twp Clerk of Amor, 30411 Amor Park RD, Battle Lake, MN 56515
Otter Tail Lake Assoc., PO Box 21, 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
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
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
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Darren M Newville, 614 6*'’ St NE, Perham,MN 56573
Loren Bailey, 1963 Oakwood VW, Fergus Falls, MN 56537
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 26, 2016
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
•
39Q92 WENpNAH BEACH LLC
PO BOX 1142
.. WAHPETON, ND 58074 1142
ANNE ALZHEIMER & CARLA BERGER
2149 4TH AVE E
WEST FARGO, ND 58078 2349
LYNN AAS
2905 ELK DR APT 320
MINOT, ND 58701 5661
MICHAEL D 8i MARLYS A BAUMANN
POBOX91
, WAHPETON, ND 58074 91
PHYLLIS ANDERSLAND TRUSTEE
901 WOODINGHAM DR
EAST LANSING, Ml 48823 1855
MARILYN AWE
2064 CORDOBA E
MERCEDES, TX 78570 7113
ROBERT L & CLAUDIA COMSTOCK ,
1602 WOODLAND DR
WAHPETON, ND 58075 3126
JOEL & CAROLYN BEYER
2273 135TH AVE
KENT, MN 56553 9507
BOLLTST
39006 COUNTY HIGHWAY 1
RICHVILLE, MN 56576 9570
MARLENE GAST
C/0 GASTCONSTRUCTION
PO BOX'833
WAHPETON, ND 58075 833
KEITH R & BERNADETTE DUITSMAN
827 lOTHSTN
ESTHERVILLE, lA 51334 1543
LARRY D & BONITA S FUGLESTEN
12427 CHERRYWOODCT
ROGERS, MN 55374 4525
DAVID T & KATHLEEN M KRESSIN
39024 COUNTY HIGHWAY 1
RICHVILLE, MN 56576 9537
SARAH 0 GOVIG
2126 49TH AVE NE
PORTLAND, OR 97213 2070
PAUL T GOVIG & JULIE KRENZ
3456 GALLATIN DR
BISMARCK, ND 58504 8997
ERIKTMOE
^ PO BOX 37
MAE RIM
CHIANG MAI, 50180 0
BARBARA NELSON TST
2341 SKYLINE DR
BLOOMINGTON, MN 55425 2184
DALE.D & MARILYN S NELSON
434 6TH AVE S #301
FARGO, ND 58103-1950-
OTTER TAIL WATER MGMT DISTRICT
ATTN ROLAND MANN
27234 368TH AVE N
BATTLE LAKE, MN 56515 9146
RICHARD D & DEBBRA REHM
3309SKLINEDR ,v '
NASHVILLE, TN 37215 2314
EVAN P nelson
7 SUMMIT ST
SISSETON, SD .'57262 2305
■RICHARD SHORMA TSTEE
PO BOX 701
WAHPETON, ND 58074 701
DAVID & KIMBERLY SCHISSEL
13814 150TH ST
WADENA, MN 56482 2096
RICHARD REHM TST ETAL
3309 SKYLINE DR
NASHVILLE, TN 37215 2314
THOMAS N .& NANCY TJORNHOM
; 6645 OLIVER AVE S
, RICHFIELD, MN 55423 2137
DARRYL L & CARMEN K TRUSTY
31385 OAK RIDGE BEACH RD
RICHVILLE, MN 56576 9538
VAN PER WEIDE SERVICES INC
POBOX464
ORANGE CITY, lA 51041464