HomeMy WebLinkAbout06000050032009_Variances_05-13-2009Variances
2
Barcode 128
1058252 OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was filed/recorded m this officefor record on the_Lj-----
2009 at q
endyii). Metcaif, Counj^ Recover
hy U K^4^>f)^n-iT-^.^-Pgputy
I ^ecordihq'fee><^
s well certified
±£1SS2S2
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 <}0
Application Fee
f\/\^ ,
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
^ P 6^ S/i LtsL.’i'Tma'/ffll o
/O/D t.a^clu7 o'^
PROPERTY OWNER DAYTIME PHONE
u f-MAILING ADDRESS
n/aLAKE NUMBER LAKE CLASSLAKE NAME /
6 TOWNSHIP }?>X RANGE ViSECTION TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS 1^0^ />;. p^4g-.
LEGAL DESCRIPTION
A~tf
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.
"To d / u'r c/<2.
To
!oT fhe^
^?S %
/o(>&oo00'ooSXoa9 tr
t/f boToo!(OG OoO oJ /■£-^yr7. cf
eTTi //f
/■& ~T^u^
-J
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'Z - c>‘=)
DATEFOR OWNERNER/AG
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
9
wwmsSB
jrHTimeDate Of Hearing iXr(M^
Motion
ADG Investments LLC - Approved the variance application as requested with a condition. (5:34 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Paul Larson and unanimously carried, to approve a
variance to subdivide 20.52’ from Parcel 06-000-05-0032-009 and to permanently attach this 20.52’ to Parcel 06-000-05-0032-001
with the condition that the structures on either parcel must be at least 10’ from the newly created lot line. It should be noted that
the variance as approved does not directly or indirectly grant any others variances for the proposed subdivision. The variance as
approved will allow the property owners to cleanup the existing property line and building encroachment issues.
irmanAOtter 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
LR Official/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
No Delinquent taxes'and transfer
entered: C^ificate of Real Estate
Value (t^jrwed ( ) not required
Certificated of Real Estate Value
995351
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this Instrument #_
was filed/recorded In this office for record on tt» 3 Ha
CCpOJi. 20nSat
Wei|d^. kAetcalf, Cou
au (A
No./\rp/Lt"L-2006
■ County Auditor
, Deputy
Parcel# — to on -OO 9
995351
by.
>(>pm
jrecordtng fe^
.well certifirateWarranty Deed
Individual(s) to Corporation
STATE DEED TAX DUE HEREON: $297.00
Date: March 31, 2006
3
L.UC''
FOR VALUABLE CONSIDERATION, Mary Ellen Jones Olson, an unremarried widow.
Grantor, hereby conveys and warrants to ADG Investments, LLC, real property in Otter
Tail, Minnesota, described as follows;
The Westerly 135 feet of the Southerly 200 feet of the Easterly 835 feet of Government Lot
6, Section 5, of Township 132, Range 43, Otter Tail County, Minnesota, except that part
taken for County Highway 15 right of way.
Together with all hereditaments and appurtenances belonging thereto, subject to the
following exceptions:
NONE
The seller certifies:
0 Well certificate attached hereto.
() That there no known wells on the above described property.
(X) that there are no changes in the number or status of wells since the last known well
certificate filed.
Maffy Ellen Joffes Olson
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DATE^S<-J-y.^^2^^
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
The foregoing instrument was acknowledged before me on March 31,2006 by Mary Ellen
Jones Olson, an unremarried widow. Grantor.V
GARY A NEUMANN |
notary PUBLIC-MINNESOTA |
My Cominission Expires JAN. 31.20101
My Commission Expires:
Notar^^blic ^I
I
t
Tax Statements on the property described
In this instrument should be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
West Central Abstracting Co., Inc.
202 W. Junius
Fergus Falls, MN 56537
ADG Investments, LLC
1808W. Alcott
Fergus Falls, MN 56537
June 4,2009
Page # 3
ADG Investments LLC - Approved the variance application as requested with a condition. (5:34 p.m.)
ADG Investments LLC, part of Government Lot 6, Section 5 of Buse Township, requested the following: Request a
variance to subdivide approximately 20’ from Parcel 06-000-05-0032-001 and to permanently attach to Parcef 06-000-
05-0032-009, which will become approximately 31,104 square feet in size. The retained, parcel will be. approximately
22,898 square feet in size and less than the 2.5 acre requirement. Gary Anderson represented the applicant at the
public hearing. 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 Paul Larson and unanimously carried, to
approve a variance to subdivide 20.52’ from Parcel 06-000-05-0032-009 and to permanently attach this 20.52’ to
Parcel 06-000-05-0032-001 with the condition that the structures on either parcel must be at least 10’ from the newly
created lot line. It should be noted that the variance as approved does not directly or indirectly grant any others
variances for the proposed subdivision. The variance as approved will allow the property owners to cleanup the
existing property line and building encroachment issues.
Laurie Mullen - Tabled. (5:38 p.m.)
Laurie Mullen, Lot 8 of Shady Nook Beach Addition, Pickerel Lake in Maine Township, requested the following: 1.) a
variance of 5’ from the required side lot line setback of 10’ for the extension of the existing breezeway 14’ toward the
lake, and 2.) a variance of 4T from the required ordinary high water level setback of 100’ for the placement of an 8’ by
6’ pergola 59' from the ordinary high water level. Miles Anderson appeared with the applicant at the public hearing.
The audience was polled with Lorena Kezar and William Karp expressing concerns with the variance as requested. A
letter from Lorena M. Kezar in opposition to the variance as requested was not read at the public hearing as Ms.
Kezar was in attendance and spoke on her on behalf. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to table, with the applicant’s verbal permission, this hearing
until the next scheduled meeting of the Board of Adjustment to provide the applicant and the Land and Resource
Department the opportunity to determine if the proposed development is behind the string line. It was noted that there
is no adequate hardship/practical difficulty that would allow for the granting of the side lot line variance as requested
as the applicant has adequate room to place the structure 10’ from the side lot line.
Janice L Coffelt - Denied the variance application as submitted. (5:50 p.m.)
Janice L. Coffelt, Lot 4 Block 1 of Erickson’s Addition and part of Government Lot 5, Section 1 of Scrambler Township
by Pelican Lake, requested the following: Request to replace existing cottage and deck on substandard lot. Variance
requests for the following setbacks: (1) lot line 3’ 7” rather than 10’; (2) road right-of-way: 3.9’ rather than 20’; (3)
ordinary high water level: 14’ rather than 75’. Existing structure dimension changes: (1) the current cottage footprint
of 20’ by 22’ and location would remain the same, and the current deck would be decreased from 15’ by 24’ to 12’ by
22’. (2) Egress to 4’ crawl space on side of cottage; 5’ wide by 8’ long by 4’ deep; Top soil removal from property to
accommodate crawl space; 4’ by 22’ by 20’ or 1760 cubic feet. Soil excavated to accommodate egress will be used
to fill in the removal of concrete steps leading to old dock location. 4’ by 4’ by 4’ concrete steps to be replaced with
open composite steps 4’ by 4’ by 4’ steps to new dock location. Existing noncompliant shed will be removed. This
request is based on hardship. The existing substandard lot does not allow for current setback requirements. The
existing structure does not contain bathing facilities. To add a full bath would impact the current two bedroom floor
plan. Adding a loft area would allow for conformance to building code for bedrooms. Adjacent properties have
fullbaths and some have second stories. The audience was polled with no one speaking for or against the variance
as requested. A letter from Richard West, Otter Tail County Highway Engineer, expressing concerns with the
development as proposed was read for the record. After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and unanimously carried, to deny the variances as requested for the proposed
development noting the letter from the Richard West, Otter Tail County Highway Engineer requesting development
corhply with the required road right-of-way setback and noting a grossly substandard lot of record which does not
support an expansion of the existing development.
I ArcIMS Viewer Page 1 of
'■■•/fl ,:‘^ir1-:^. .1...".'.Lik.,:'
fA; z_ i; . .j;l ,, ,.’j, rv , ^ ;-k_
Bisv':«; j« / ,k:irsss
rr ; S," . ,:. „.k / 1.-!. iJ. P ,P p: t i;. ' >7 roo^ '0<^ - 24IFOR REFERENCE USE ONLY'-CopvrlgWCO2009Otter'Tali County,MNp,\ h 7 ^ CZ===? 1
■' ■:i
EW
w
m
m■ :vi
ii::
m
iiif
I <0
>il
\/\CJ^
-4
l^vei
http://www.ottertailcounty.net/arc/parcels/MapFrame.htm 3/30/200
I
DEf'.CRIPTIONS
PARCEL
The Westerly 13^ feet of the Southerly 200 feet of the Eaotorly G55 feet
of Gov't,Lot 6,Section 5» Tivp.l52North,Panj;e l+3\VeBt,Otter Tail Co.,,Minn
except that part taken fc r County Highvftiy I3 Ri^ht of Way. O.Lib^Acres Net,• »»
PARCEL "C”
The V/esterly 13^ feet of tVie Southerly 200 feet of the Easterly 97O feet
of Gov't.Lot 6,Section p, Twp,152North,Range U3Weat,.0tter Tail Co.,Minn
except that part taken for County Highv/ay I5 Right of Way, O.Uo^Aore Net,
The W'esterly 133 feet of the Southerly 200 feet of the Easterly II05 feet
of Gov't,Lot 6,Section 3»Twp»132North,Range I^VJost,Otter TaiJ^_Coj_^Mltmrp—
ojocept tliat part taken for County Highway I5 Right of W'^yv^STIt^ Acre Net,
• f
PARCEL "D"i
\
L
N1
SCALE 1 r*=100»
DATEj 2/21/75
o Indicates Iron Monument
\
.3 Doan S, Dinsmore,Reg.Surveyor No^^
-i
lULt5
Sit i
j!
; I
70'— T Ita$-‘/ Ss"'I
"El ooS“A" ^
0.43 Rc.
0•'D""c “IlgM
0.4L5-/7C.
o
*S
V)• I'o RC.o 'n•0 . NV>
'^o 3°"O, 4G5RC.O,4<o5 RC.ap\'*
I 35'70'
i . «
a. _Co. W hJoi iS ^
b ”o
1 _
,0^>**“ ^75 4.0 S E'0k)!
------
'q 5 CJ C. O V*, Cy . V. . L.o.Lv^%. Oj.L.L,
DkiV)
,v.
PROPOSED LEGAL DESCRIPTION
SCALE IN FEETThe hlesterly 135.00 feet of the Southerly 200.00 feet of the Easterly
<^70.00 feet of Government Lot 6, Section 5, Township 132, Rcnge 43, Otter
Tail County, flinnesota.SCALE' I INCH » 30 FEETBEARINGS ARE BASED ON OTTER TAIL COUNTY COORDINATES
I<¥=I6 ADJUSTMENT AS DETERMINED BY THE MNDOT CORS/VRS NETHORK.
• DENOTES IRON MONUMENT FOUND.
O DENOTES IRON MONUMENT SET MARKED "PLS 13020 4 17825".
A DENOTES MAG NAIL SET.
\ AND
fhe hlesterly 20.52 feet of the Southerly 200.00 feet of the Easterly 635.00
feet of Government Lot 0, Section 5, Township 132, Range 43, Otter Tail
County, Minnesota.
/All subJect to County State Aid Highway over the Southerly 50.00 feet
/ thereof.
Subject to an ingress and egress easement over and across the hlesterly
10.00 feet of the Southerly 200.00 feet of the Easterly 324.48 feet of
Government Lot 6, Section 5, Township 132, Range 43, Otter Tail County,
Minnesota.
And together with an ingress and egress easement over and across the
\ hlesterly 10.00 feet of the Southerly 200.00 feet of the Easterly 614.46
\ feet of Government Lot 6, Section 5, Township 132, Range 43, Otter Tail
\ County, Minnesota.
I
i.
'6'
S 6V24'36' E ISB.B2......* •
■■■20i52-135.00 \ " r-II4.4S
::I
io IlO \I
I
I \
I
I V
JO.t-o S IEXISTING
PROPERTYLINE C5
PROPOSED
PROPERTYI
I
I E LINE OF
GOV'T LOT 6^
E LINE OF
SEC. 5-132-43
i
I 1^ \
AI
"siI
I5 $ I 5( '1S'S IIQ53\,W4 S.F.I 5I iP\B'CM
8
ICN3r !551UjU4I%%I%
IP IiPI AI^ I 5 \§ICO ICO 135
\I135%335
970
•!...............5 39'24'30" E 155.52
20.52 N'LY R/hl LINE OF
C.S.A.H. NO. 15O'S B Vin■VU)COUNTY STATE AID HISHWAY NO. 15
:135.004240.72 20.52 114.49A.........
...........S a^‘24'36" E 155.52 6l4.5h.....•••• •• «•••'•••
•5 69’24'36" E 5210.75-SE CORNER
.OF GOV'T LOT 6
E 1/4 CORNER
SEC. 5-132-43
E-H 1/4 LINE OF
SEC. 5-132-43
S LINE OF GOV'T LOT 6
hi 1/4 CORNER
SEC. 5-132-43 .....• ••••
SURVEYOR'S CERTIFICATE
I hereby certify that this is a true and correct representtion of a survey
of the boundaries of the above described land, and that this survey was
prepared by me or under my direct supervision and that I am a Professional
Land Surveyor licensed under the laws of the State of Minnesota. Dated this
12th day of March, 2009.
PROPERTY OMNER CERTIFICATE
/ hereby certify that the subdivided property described in the survey meets
the County requirements for public road access and sewage treatment
systems.CERTIFICATE OF SURVEY FOR:SURVEYOR'S NOTE
NOTE: THIS SURVEY IS NOT FOR A NEhl SUBDIVISION,
BUT IT hJAS MADE TO CORRECT A BUILDING ENCROACHMENT.GARY ANDERSONProperty Owner
David A. Anderson
Professional Land Surveyor
Minnesota License No. 13620 FIELD BOOK
ALS-207/13
DRAVN BYFOLDER
I2fe-0q
CONTRACT NO.
\2G-CA LIB
NDERSON LAND SURVEYING, INC.FIELD CREW
JAKCR5 FILE
126-Oq
DWG FILE ‘
126-0^
CRD FILE
126-oqPROFESSIONAL LAND SURVEYORS, CIVIL ENGINEERS & LAND DEVELOPMENT CONSULTANTS
313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218) 739-5268 FAX (218) 739-5461
(800) 300-9276
DRAWING NUMBER
CHECKED BY
DAA
SEC - TWP - RG
5 - 132 - 43 6217 J*
i
V
. _
Notice of Hearing for Variance
Otter Tail County
Government Services Center
SIOFirAveW
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 scheduied hearing.
To Whom It May Concern:
ADG Investments LLC
1010 Redwood Lane
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, 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, June 4, 2009 at 5:30 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 speciai 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 Government Lot 6,
Property Address -1808 West Alcott Ave
Section 5, Township 132, Range 43 - Township Name - Buse
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is -
the following: Request a variance to subdivide approximately 20' from Parcel 06-000-05-0032-001 and to permanently attach to
Parcel 06-000-05-0032-009, which will become approximately 31,104 square feet in size. The retained parcel will be
approximately 22,898 square feet in size and less than the 2.5 acre requirement.
Stein
Board of Adjustment Secretary
Date: May 14, 2009
f
FINDINGS OF FACT
SUPPORTING/DENYING AN AREA VARIANCE
An area variance may be granted only where the strict enforcement of county zoning controls will result in “practical difficulty”. A
determination that a “practical difficulty” exists is based upon the consideration of the following criteria as defined by the Minnesota Supreme
Court in In re the Matter of the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Cvril Stadsvold' and Cvnara
Stadsvold.:
Is the request a substantial variation from the requirements of the zoning ordinance? Why or why not?1.
■/
i'
i '
Will the request have an adverse effect on government services? Why or why not?2.
>■
Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to
neighboring properties? Why or why not?
3.
Is there another feasible method to alleviate the need for a variance? (Economic considerations play a role in the analysis under this
factor) Why or why not?
4.
How did the need for a variance arise? Did the landowner create the need for the variance? Explain.5.
i
Will a variance secure for the applicant a right or rights enjoyed by others in the same area?6.
:■J.
Does existing sewage treatment need upgrading?7.
8.Is a variance contrary to the public interest or damaging to the rights of other persons or to property in the neighborhood?
In light of all of the above factors, would denying a variance serve the interests of Justice? Why or why not?
The BOA should weigh and balance each of the elements when deciding whether the variance application should be granted.
..,1
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 15th, day of May, 2009 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
ADG Investments LLC, 1010 Redwood LN, Fergus Falls, MN 56537
Carolyn Sund, Twp Clerk of Buse, 18040 County Highway 2, Fergus Falls, MN 56537
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
Joe Maske, 14833 Lake Olaf Rd S, Pelican Rapids, MN 56572
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: May 15th, 2009
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
i-t
GARY W & CRAIG J ANDERSON
1010 REDWOOD LN
FERGUS FALLS MN 56537 4000
GRANTTHOMAS & DAWN ANDERSON
21852 290TH ST
FERGUS FALLS MN 56537 7315
ADG INVESTMENTS LLC
1122 RIDGEVIEW CT
FERGUS FALLS MN 56537 8400
/
BETTY MAE KOLLE INC FERGUS FALLS PORT AUTHORITYWALTER & CANDIS C BERGE
. 17195 RIVER OAKS LN
FERGUS FALLS MN 56537 7508 PO BOX 868
FERGUS FALLS MN 56538 0868
PO BOX 64
FOXHOMEMN 565430064
LAKELAND MENTAL HEALTH CENTER
126 ALCOTTAVE E
FERGUS FALLS MN 56537 2999
MYRON C KRAUSE
2014ALCOTTAVE W
FERGUS FALLS MN 56537 2659
CRAIG A & DEANNA C GOODMAN
1728 ALCOTT AVE
FERGUS FALLS MN 56537 2644
CRAIG L RAGUSE
21967 RIVER OAKS DR
FERGUS FALLS MN 56537 7624
GREGORY A & MARILYN A PETERSON
765 WILDWOOD TRL
FERGUS FALLS MN 56537 2662
JAY R & CINDY J MCDOUGALL
775 WILDWOOD TRL
FERGUS FALLS MN 56537 2662