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HomeMy WebLinkAbout06000240173000_Variances_08-13-2020Date Stamp 1243658 RtCEIVED JUL 2 1 202C AND & RESOURCt CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER,-’RESISTRAR OF TITLES FER6US FALLS, MH RECORDED ON 09/02/2020 09:39 AM FEE; 46,00 RASES 6 WELL CERTIFICATE REC'D; N CO r-_■o r--o-r-o Kt "■X b^^avl- l&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falis MN S6537 218-998-8095 www.co.otter-tail.mn.usOTTCRTRil Application Fee ^OO- Receipt Number ^ 0\V^ ^IZ7lzo^~Accepted by Date Property Owner Name Terry Everson Address 1446 W. Gateway Circle S. City Fargo State ND Zip 58103 Daytime Phone 701-793-1033 Email teeverson@hotmail.com Parcel Information 78 y Swan Lake /Lake Name Lake ClassLake No Parcel Number(s)06000240173000 Parcel Number(s) Township Name Legal Description Section 24Buse N lo' of Sw-bUhZ of 3 « V > Physical Address 18078 W. Swan View RD TYPE OF VARIANCE REQUESTED (Please Check) □□□Structure Setback 0 SubdivisionStructure Size Sewage System □□ □ MiscellaneousClusterWECS Version Date: 04/07/20^ 1 Specify how your projct varies from ordinance requirements, please be brief as this will be used for public NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:_______ Shoreland Management Book III-4-A We have a substandard, irregular lot size. c\ ^kf\OV)Q^ -(VoftA •Vo ^ 'Z'OO^ ^ ^jyC “VW CCt7^TLAcH<^\i I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. / INATURtOF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time ^ oo Motion Terry Everson - Variance Approved as Requested (7:32 p.m.) After poitsideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to approve the variance to construct a new dwelling being 100 feet from the ordinary high-water level. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for fUmre deMopment. kfMi buAo Ihctnai Im- Charrman/OtterTail County Board of Adjustment XPermit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management L&R Official/pWe * Copy of Application mailed to Applicant, County Assessor and MN DNR 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TflII GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Terry Everson Address/Parcel No. 18078 W. Swan View Rd. / 06000240173000 Requested Variance: We have a substandard irregular lot size. Request a variance from Unnamed Lake to be 100' from lake, required setback is 200', for the construction of a new dwelling. Building line applies for the swan lake setback. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: III. 4. A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: They want to change the existing seasonal dwelling with a new dwelling. Would like to turn it so it runs perpendicular with both Swan Lake & Unnamed Lake. They would like to retire to the lake and would like to have a 1500 or 1600 so. ft. home. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: This is an existing iot of record established prior to zoning regulations established in 1971 and trying to replace a house which is behind another existing structure onsite. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: This is an existing structure and the proposed structure will have no further encroachment to the lake. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: This property was developed prior to the ordinance and they want to make improvements to the property. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns in the neighborhood. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The property is located between 2 lakes which makes it difficult for them to meet any setbacks. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: August 13, 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. 111S822 No delinquent taxes and transfer entered; Certificate ot Real Estate Value ( / ) filed ( Certificate of Real Estate Value No. ___________________________,<3^13. £dlV /iVSW DOC# 1115822) not required.j OFFICE OF COUNTy RECORDER OTTER TAIL COUNTY, MINNESOTA ' Certified, Filed, and/or Recorded: September 24, 2012 10:50 AM Wendy L. Metcalf, Recorder 1115822 Fee: $96.00 Well Certificate.^FRec'd<v«m) Wayne Stein, County Auditor iLby Returned To: CENTURY 21 VISTA ,• 405 W LINCOLN AVE FERGUS FALLS, MN 56537 0<?0-cf'V-0l73-O<9O Deputy By: LL Warranty Deed Individuals to Joint Tenants COUNTY OF OTTER TAIL STATE OF MINNESOTA, DEED TAX VjfJ’P,- NIJMHF^ ‘tDAfE State Deed Tax Due Hereon: $435.60 Date: September .2012 FOR VALUABLE CONSIDERATION, LaDell R. Swiden and Phyllis Swiden, husband and wife. Grantors, hereby convey and warrant to Terry J. Everson and Brenda M. Everson, Grantees, as Joint Tenants, real property in Otter Tail County, Minnesota, described as follows: The North 70 feet of Sublot Two (2), of Government Lot Three (3), of Section Twenty-four (24), Township One Hundred Thirty-two (132), Range Forty-three (43), of Otter Tail County, Minnesota; ALSO DESCRIBED AS: That part of Government Lot 3 of Section 24, Township 132 North, Range 43 West, Otter Tail County, Minnesota, described as follows: Commencing at the South Quarter Section Corner of said Section 24; thence East (assumed bearing) along the South line of said Section 24 a distance of 2355.68 feet; thence on a bearing of North a distance of 272.51 feet to the point of beginning; thence continuing on a bearing of North a distance of 70.00 feet; thence South 89°30'20" East a distance of 187 feet more or less to the shoreline of Swan Lake; thence southerly along said shoreline a distance of 69 feet more or less to its intersection with a line that bears East from the point of beginning; thence on a bearing of West a distance of 194.00 feet to the point of beginning. Subject to an Easement for Township Road Number T-1117; also subject to any Other easements or restrictions of record. Together with all hereditaments and appurtenances belonging thereto. Seller certifies that: 0 Seller does not know of any wells on the above described property (X) A well disclosure accompanies this document 0 The status and number of wells on the above described property has not changed since the last well disclosure filed LaDell R. &PhvNis Swiden STATE OF COUNTY OF This document was acknowledged before me on September 10.2012 by LaDell R. Swiden and Phyllis Swiden, husband and wife, Grantors. (Notarial Stamp or Seal) Notary Public ERINC. MEU?;rtANN NOTARY PUaUC-r.:iNKSSOTA My CrsnTijen E«!ru Jsi 31,20i 5“BT*' Property Tax Statements should be sent to: Terry J. Everson and Brenda M. Everson 1446 W. Gateway Circle South Fargo, ND 58103 This document was drafted by: Century 21 Vista 405 W. Lincoln Ave. Fergus Falls, MN 56537 Kurt & Sharon Baker Cont. lot of record created in 1911, therefore making it difficult to meet setback requirements. Please note the proposed dwelling meets the building line requirements for setback to the lake, Kurt & Sharon Baker, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler and carried by roll call vote to approve the variance to replace the existing cabin being 6’ from the road right of way with the condition that they redo the existing 150 sq. ft. patio in front of the existing shed garage with permeable pavers to reduce the shore impact zone impervious surface coverage. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X 4 Terry Everson - Variance Approved as Requested (7:32 p.m.) Terry Everson. N 70'of Sublot 2 of GL 3, Swan Lake (56-871) & Unnamed Lake (56-849), Buse Township request the following: We have a substandard irregular lot size. Request a variance from Unnamed Lake to be 100' from lake, required setback is 200’, for the construction of a new dwelling. Building line applies for the swan lake setback. Terry Everson, property owner represented the variance application via GoToMeeting. I'he audience was polled with no one speaking for or against the variance application. After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to approve the variance to construct a new dwelling being 100 feet from the ordinaty high-water level. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file w ith the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follow s: Board of Adjustment YEA NAY ABSENT ABSTAIN XThomas Lee XDarren New\ ille XDouglas Larson Miehael Donoho X XTerry Marthaler Brent Frazier - PC Member X Dan & Ruth Knoblich - Variance Approved as Requested (7:37 p.m.) Dan & Ruth Knoblich, Lot 9 BIk 1 - Shenandoah Ridge, Hoffman Lake (56-1627), Dora Township request the following: We want to build a 24’ x 30’ garage, but to fit it between the road and property line, we request permission to start at 185’ from the OHWL. We request permission to move our 8’ x 8’ shed and add another 8’ length. We request permission to build a 10’ x 77’ addition on to our 16’ X 77’ manufactured home. Page I 6 Board of Adjustment August 'l 3, 2020 STAFF REPORT APPLICANT:Terry Everson Request a variance from unnamed lake to be 100' from lake, required setback is 200', for the construction of a new dwelling. Building line applies for Swan Lake setback. APPLICATION: 18078 W. Swan View RD, 06000240173000LOCATION; LAKE NAME/NUMBER/CLASS: Swan, 56-781, RD/Unnamed Lake, 56-849, NE STAFF WHO COMPLETED REPORT: Chris LeClair A Otter Tail County ^ SVistt the County Webshe 18078 W SWAN VIEW RO Q| : 06bo024Ol63On; 96 01946 235 0»9rH-'. Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No staff recommendations. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A RIVERSLAKES U&TSETBACKS (Ft) Elevation Above OHWL GD RD NE Ae Trans Vertical Separation* Setback From 3 33 3 3 3 OHWL Dwellings / Non-Dwellings 100 100 15010020075 20 20 20202020WOAS Lotline** 1010 10 10Single Family Residence Commercial PUD 10 10 50 50 5050 50 50 50 50 50Residential PUD 50 50 50 40 65 115406590WOAS 30Top of Bluff 30 30 3030 30 Road Right-of-Wav (Public / Private) 202020All Structures 20 20 20 Septic Tanks All Structures 1010 10 1010 10 Soil Treatment Area 20 20 20Dwelling Non-Dwelling Maximum Structure Height 20 20 20 101010 101010 35 35 35Dwelling Non-Dwelling 35 35 35 2020 20 2020 20 10 10 1010 10 10WOAS SHORELAND MANAGEMENT ORDINANCE SECTION V, Subp. 2, E, 3 In areas where an existing non-conforming structure exists on each immediately adjoining lot of a proposed building site, public water setback may be varied to conform to the existing setback of like use. In no instance, can the proposed structure extent closet to the public water than the closest point of the existing non-conforming structures of like use. It is the applicants responsibility to provide an accurate depiction of the existing non-conforming structures' location on adjoining lots. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Site visit on August 3, 2020. m%--Z- t r , m.'-•I[t'JK I ~-r 0:^1',Wr;&rt r 9Y 4 ({< '■?Ti55^ ’»dT17 ’ Pc^J Eh; cf,tr/ I i®[i-r'K'f'i r” mrA'-y v-^rry If-? ii\ > 1^? v; KiIii-,.-’V.'g»»;U'. 'ii.f'•fl f) m LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Terry Everson 1446 W. Gateway Circle S. Fargo ND 58103 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 13, 2020 at 7:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 06000240173000 N70'ofSublot2ofGL3... Section 24, Township 132, Range 43 Township Name - Buse Swan (56-781), Recreational Development (RD) Unnamed (56-849), Natural Environment (NE) 18078 W. Swan View Rd., Fergus Falls MN 56537 Lake Name/Number/Class: Property Address: The variance requested is the following: We have a substandard irregular lot size. Request a variance from Unnamed Lake to be 100' from lake, required setback is 200', for the construction of a new dwelling. Building line applies for the swan lake setback. Amy Busko Board of Adjustment Secretary July 30, 2020 (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 +-|-<..i ri■n~ ■! it'llltll'lAZhllJ'IT ! SCALE DRAWING FORMi:•1“ n ■ : r r 1! T'irTax Parcel Number(s)L:■I M • - h •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 and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back).Ilffit I ^ - 2 Scale IlII ^...--'i V ii..;........."ri": "1 ..... .,. .i- I•'tt i y-rS'-;.r'rr]T]i'-r■T ...i 'I •;I•1.!_ iJijij-Lhib ““1“'...j —j——'j“'i— :f ..I...!1 t ^ ^ I , , , . 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CO. otter- tail, mn.us VSSAMI D L AKE r-( ooCX5 2A'^ I TT ROW SWAN 19)rsi 5* c J C sm x LAKE 56<Pf<ini) O' I o-nj ( ‘« 06000^ i "N. 0.006 0.003 0 0.006 ml JImpervious Surface - Buildings Dwelling Existing; Attached Garage Existing: Detached Garage Existing: Storage Shed Existing; Water Oriented Accessory Structure Existing; Recreational Camping Unit Existing: Miscellaneous Existing; 0 Square Feet 0 Square Feet WO Square Feet 0 Square Feet 0 Square Feet Dwelling Proposed;1680 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet Attached Garage Proposed; Detached Garage Proposed: Storage Shed Proposed: Water Oriented Accessory Structure Proposed; Recreational Camping Unit Proposed: Miscellaneous Proposed: Total Building Proposed Impervious: 0 Square Feet 0 Square Feet 0 Square Feet Total Building Existing Impervious: 840 Square Feet | r - !culrt<^ 0 Square Feet 1680 Square Feet Impervious Surface Calculation - Buildings Total Building Existing Impervious: WO Square Feet Total Building Proposed Impervious; Total Building Impervious Surface: 2520 Square Feet right 13504 Square Feet 1680 Square Feet Lot Area: Impervious Surface Ratio;0.1866 Buildings Impervious Surface Percentage 18.^ % Impervious Surface - Other Deck(s) Existing; Patio(s) Existing: Sidewalk(s) Existing; Landing(s) Existing: Driveway(s) ExisHrvg: Parking Area(s) Existing: Retaining Wall(s) Existing; Landscaping Existing Miscellaneous Existing: Other Existing Total: If any of the above categories include Permeable Pavers, please indicate here; 0 Square Feet Deck(s) Proposed:0 Square Feet 0 Square Feet Patio(s) Proposed; Sidewalk(s) Proposed: Landing(s) Proposed: Driveway(s) Proposed: Parking Area(s) Proposed: Retaining Wall(s) Proposed: Landscaping Proposed: Miscellaneous Proposed; Other Proposed Total: 392 Square Feet 48 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 360 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 360 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 440 Square Feet Impervious Surface Calculation - Buildings & Other Total Building + Other Existing Impervious 1200 Square Feet Total Building + Other Proposed Impervious 2120 Square Feet Total Building + Other Impervious 3320 Square Feet Surface Lot Area:13504 Square Feet Building * Other Impervious Surface Ratio: 0.2459 Building + Other Impervious Surface Percentage: 24.59 % Shore Impact Zone Impervious Building(s) Existing: Deck(s) Existing: Patio(s) Existing: Sidewalk(s) Exisiting; Landing(s) Existing; Driveway(s) Existing: Parking Area(s) Existing: Retaining Wall(s) Existing; Landscaping Existing; Miscellaneous Existing: Total Existing Impervious in the Shore Impact Zone; Total Impervious in the Shore Imoact Zone: 0 Square Feet Building(s) Proposed; Deck(s) Proposed: Patio(s) Proposed: Sidewalks(s) Proposed; Landing(s) Proposed: Driveway(s) Proposed: Parking Area(s) Proposed: Retaining Wall(s) Proposed; Landscaping Proposed: Miscellaneous Proposed: Total Proposed Impervious in the Shore impact Zone: 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feel 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feet 0 Square Feetj j OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 30*^ day of July, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake AssociationTownship ClerkProperty Owner Joyce Schmidt, Clerk Buse Township 21690 175Th St Fergus Falls, MN 56537 City Clerk (if located within 2 miles of a city) City of Fergus Falls, Andrew Bremseth, City Administrator 112 W. Washington Ave, Fergus Falls MN 56537 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils (Ne^Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 LittleT^cHronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 ' Lakes Imp. Dist., PO Box 405, Perham, MN 56573FishyBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 NATerry Evenson 1446 W. gateway Circle S. Fargo ND 58103 <Q UJ^ Big Pine:Little Pi Pelic South Turtle Lake: Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Brent Frazier, PO Box 255, Peliean 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print 1FileDated: July 30, 2020 Extra 6_______ BOA Members___5 PC Member Envelopes _ TOTAL NOTICES TO PRINT____ r~| Added to Agenda EH Map I I Print out Findings of Fact Sheet Newspapers FFDJ_____________ Amy Busko, Secretary Otter Tail County Board of Adjustment 1 MinutesBy:16Amy Busko 29 l:\BOA\August BOA\Everson Affidavit (781) 08-13-20.docx Buffer Parcels Addr 2 Citv St ZiDAddr 1Parcel No Name 1 Name 2 Saint Paul MN 55155 404506000240168001 State Of Minnesota PO Box 45Attn Tax Specialist Fergus Falls MN 56537 773022370 Swan Lake Rd N06000240170000 David P & Mary Jo Tonneson Fergus Falls MN 56537 772818160 Swan View Rd W06000240171000 Raymond L & Sharon Braun Fergus Falls MN 56537 772818092 Swan View Rd W06000240172000 Robert & Sharon SnorekTst Fargo ND 58103 353006000240173000 Terry J & Brenda M Everson 1446 W Gateway Or S Pembina ND 582710149PO Box 14906000240173001 Mary J Meyer Fergus Falls MN 56537 772818028 Swanview Rd W06000240173002 Stephen & Kathryn Austvold Tst Brandon MN 56315 055106000240173003 Edmund & Ruth Campion Et Al PO Box 551 Fergus Falls MN 56537 772818028 Swanview Rd W06000240175000 Stephen & Kathryn Austvold Tst Fergus Falls MN 56537 772818018 W Swan View Rd06000240176000 Cody D & Caitlyn A Wolter Fergus Falls MN 56537 810124596 Rivers Bend Rd W06000240178000 Joann Prischmann Fergus Falls MN 56537 12821630 Park St N Apt 206000240179000 Marilyn Somers Fergus Falls MN 56537 332806000240180000 Gregory & Danielle Buckmeier 1020 Verlin Ln Slayton MN 56172 15463218 29th St06000240181000 Genevieve A Felber Fergus Falls MN 56537 353617946 Swan View Rd W06000250186000 Ann C Porter Fergus Falls MN 56537 772818002 Swan View Rd W06000250188000 Jeffrey M & Leslie S Jennen Grand Rapids MN 55744 360206000250191000 Mona & Edwin Bittenbender Tst 355 River Rd Apt 221 Fergus Falls MN 56537 353617946 Swan View Rd W13000990444001 Ann C Porter Page 1 of 1Tuesdav. Julv 28. 2020 Buffer Mail city, State, Zip Fergus Falls MN 56537 7728 Address i Address 2Name Raymond L & Sharon Braun 18160 Swan View Rd W Gregory & Danielle Buckmeier 1020 Verlin Ln Fergus Falls MN 56537 3328 Edmund &. Ruth Campion Et Al Brandon MN 56315 0551PO Box 551 Terry J & Brenda M Everson 1446 W Gateway Cir S Fargo ND 58103 3530 Genevieve A Felber 3218 29th St Slayton MN 56172 1546 Jeffrey M & Leslie S Jennen 18002 Swan View Rd W Fergus Falls MN 56537 7728 Mary J Meyer Pembina ND 58271 0149PO Box 149 Mona & Edwin Bittenbender Tst 355 River Rd Apt 221 Grand Rapids MN 55744 3602 Ann C Porter 17946 Swan View Rd W Fergus Falls MN 56537 3536 Joann Prischmann 24596 Rivers Bend Rd W Fergus Falls MN 56537 8101 Robert & Sharon SnorekTst 18092 Swan View Rd W Fergus Falls MN 56537 7728 Marilyn Somers 1630 Park St N Apt 2 Fergus Falls MN 56537 1282 State Of Minnesota Saint Paul MN 55155 4045PO Box 45 Stephen & Kathryn Austvold Tst 18028 Swanview Rd W Fergus Falls MN 56537 7728 David P &. Mary Jo Tonneson Fergus Falls MN 56537 773022370 Swan Lake Rd N Cody D &. Caitlyn A Wolter 18018 W Swan View Rd Fergus Falls MN 56537 7728 Tuesday, July 28, 2020 Page 1 of 1 DOC# 1132457 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: August 19, 2013 9:15 AM Brian Armstrong, Recorder 1132457 Fee: $46.00 Well Certificate [ ] Rec'd Date Stamp 5 RHCci^ED / 'ii! Returned To: land & RESOUi^CE LAND & RESOURCE By: NDB sL&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 Receipt Number M~~l Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER Tcrry d Brenda. F^vcrsan MAILING ADDRESS IR^L W- CircW. S . fpr^Q , NJ> ^Sl03 LAKE NUMBER 1^\ LAKE NAME 5 WQ D SECTION TOWNSHIP /"X RANGE TOWNSHIP NAME B U 5£. DAYTIME PHONE l0\- 7 9.3 - I0 3J LAKE CLASS K D PARCEL NUMBER ClOO ' Ol 1^-000 E-911 ADDRESS W- Cwon yirvj RoocL LEGAL DESCRIPTION Q+f OcKc oL>S<TC- TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size Sewage System Subdivision Ciuster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. (y~ VOK(0/^CcL O-F lip ■pcLC'fc -|-o p locc Q, Gord^C WOujd f)ecju<rst'n^ L( From R.O.W . Siructuns. d^-tack-ecLr <^oro^<L nviig in boi'ibeI meI iri I 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. J2Aa^7- DATESIGNATU^OF PROPERTY OWNER / AGENT FOR OWNER 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 J ' ^■3lDate Of Hearing Time Motion Terry and Brenda Everson - Approved the variance application as requested with a condition. (6:33 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Robert Schwartz and unanimously carried, to approve a variance of 16’ from the required road right-of-way setback of 20’ for the placement of a detached garage 4’ from the road right- of-way with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved will provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR Official/Date bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, August 8, 2013 The Otter Tail County Board of Adjustment met Thursday, August 8, 2013, with the following persons in attendance: Michael Harris Robert Schwartz Mark Ronning, Land and Resource Management Denise Gubrud, Land and Resource Management Kurt Mortenson, County Attorney’s Office Thomas Lee Steve Schierer Ward Uggerud Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of July 11,2013 meeting as mailed with the correction of one of the applicant’s name. It was noted that the change had already been made. The Board of Adjustment considered the following applications for variance: Terry and Brenda Everson - Approved the variance application as requested with a condition. (6:33 p.m.) Terry and Brenda Everson, part of Government Lot 3, Section 24 of Buse Township by Swan Lake, requested a variance of 16’ from the required road right-of-way setback of 20’ for the placement of a detached garage 4’ from the road right-of-way. The audience was polled with Steve Austvold speaking for the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Robert Schwartz and unanimously carried, to approve a variance of 16’ from the required road right-of-way setback of 20’ for the placement of a detached garage 4’ from the road right-of-way with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as approved will provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. Don and Laura Shelley - Approved the variance application with a modification. (6:47 p.m.) Don and Laura Shelley, part of Lots 3 and 4 Block 2 Crystal - Lida Beaches, Lake Lida in Lida Township, requested the following: We need to install a new holding tank. In order to meet all other setbacks, lot line 10’, road right-of-way 10’, well 50’, we are asking to place the new tank 5’ from the garage. The required setback is 10’. Ross Seifert, System Installer appeared with the applicants. The audience was polled with Ralph Hagen speaking for the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve the placement of the proposed holding tank 5’ from the lot line, 10’ from the garage, 50’ from the well and 10’ from the lot line. The approved location is the best location, if not the only location, for the proposed holding tank. The approved location should not negatively impact the adjacent property. David A. Meier - Approved the variance application as requested. (6:52 p.m.) David A. Meier, part of Government Lot 6, Section 2 of St, Olaf Township by Long Lake, requested the following: Replace 12’ by 16’ existing screened porch with a 12’ by 22’ three season porch 27’ from ordinary high water level to include a pitched roof with a maximum height of the existing cabin. Nancy Meier appeared with the applicant. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration. Ward Uggerud made a motion, second by Robert Schwartz and unanimously carried, to approve the replacement of an existing 12’ by 16’ screened porch with a 12’ by 22’ three season porch 27’ from the ordinary high water level, which includes a pitched roof tied into and having a maximum height no greater than the existing cabin’s roof. The variance as approved will not obstruct the view from the adjacent properties. The proposed development will be no closer to the ordinary high water level than the existing development as depicted on the drawing submitted with the application. The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic drairfi'elds, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious sui calculations. 4 Scale VQ 7^ N 5fN! 4- ' ^ \oO’^ i Cyo'-‘^7 ^ —1 f K>! D ■ Co.fe.'-' T Dccl^ © . I L y^::> SCAN?'E0 BK — 0209 345 195 • Victof Lundeen Co. Printers • Fergus Falls. MN • 1 800-346 4870 APPLICATION FOR GRADE & FILL PERMIT LAND & RESOURCE MANAGEMENT, COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 218-998-8095 www.co.otter-tail.mn.us > Permit No.PLEASE PRINT OR TYPE ALL INFORMATION LAKE/RIV&R #LAKE/RIVER NAME S lO (3-/^ LAKE/RIVER CLASS SECTION TWP. NO.RANGE TWP NAME SL--]^I 13 X PARCEL NUMB^R(S) 0^- ^OQ PROPERTY (E-911) ADDRESS / \f3 \ S ^OdcL LEGAL DESCRIPTIOI S Yj C See ^ 2^SS,lo^', a/»& <f * o Last Name First Mailing AddressInitial DAYTIME Phone No. /‘/‘/L. Ift/ J■f5o<n I eB re y> j A A'ecAJi) 7DI~ 7f jProperty' r■7^ •MEl/e VAOin vVO^I?7o/-24i-/yj,?Owner \ Contractor Name Lie. # Date Stamp NOTES: 1. The lotlines and project arba(s) must be stal/ed. 2. If project disturbs more than^ acre of land/'ou are required to obtain a Gen^l Storm Water Permit from the MPCA. \ / L&R Initial PROJECT REQUEST (You may use the grid oriibacV for required scale drawing): DESCRIBE YOUR PROJECT(S): X DETAILED INFORMATION: AREA TO BE CUT/EXCAWED:Yds^Ft. X Ft. X Ft. - 27 = Length Width Ave\Depth Yds^WALK-OUT BASEM^T PROJECTS: (Outside of the building fdundation) Ft. - 27 =Ft. X Ft. X Length Width Ave. Depi Yds^AREA TO BE FILl^ED/LEVELED;Ft. X Ft. X . - 27 = Length Width Ave. Depth Yds^TOTAL EARTHMOVING REQUESTED = BACKFILL AT FOUNDATION:Ft.Ft. Max. Depth Distance From Foundation YCULVERT:If Yes, must indicate size and location on drawing. Yes No IMPERVIOUS SURFACE:% SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE RECEIPT NUMBER BK062011 IMPERVIOUS SURFACE CALCULATION WORKSHEET: ; List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft2Deck(s): iLi Ft2Driveway(s); Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 5/OG Ft2TOTAL IMPERVIOUS SURFACE: /3300 Ft2LOT AREA: 3 IDG .2 ^33") 33^^.%X100 = IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE .1 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 22nd, day of July, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Terry J and Brenda M Everson, 1446 W Gateway Cir S, Fargo, ND 58103 3530 Joyce Schmidt, Twp Clerk of Buse, 21690 175“’ St, 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 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 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482 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 22nd, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud mm. DAVID P & MARY JO TONNESON 22364 SWAN LK RD N FERGUS FALLS, MN 56537 7730 DANIEL P & REBECCA S TONNESON 18181 SWAN VIEW RDW FERGUS FALLS, MN 56537 7728 DOROTHY TST PORTER 17946 SWAN VIEW RD W FERGUS FALLS, MN 56537 7727 FELBER FAMILY TST ATTN GENEVIEVE A FELBER 3218 29TH ST SLAYTON, MN 56172 1546 ELIZABETH A & WARREN C BAKKE 1512 WESTSIDE DR FERGUS FALLS, MN 56537 2642 EDMUND & RUTH CAMPION ET AL PO BOX 551 BRANDON, MN 56315 551 MARILYN SOMERS 1630 PARK ST N APT 2 FERGUS FALLS, MN 56537 1282 MARYJ MEYER PO BOX 149 PEMBINA, ND 58271 149 GENE WTSTEE PORTER 17946 SWAN VIEW RD W FERGUS FALLS, MN 56537 7727 RAYMOND L & SHARON BRAUN 18160 SWAN VIEW RD W FERGUS FALLS, MN 56537 7728 ROBERT & SHARON SNOREK TST 8366 IRIS DR BROWNSBURG, IN 46112 7676 MONA & EDWIN BITTENBENDER TST 1300 FAIRGROUNDS RD GRAND RAPIDS, MN 55744 2474 SWAN LAKE CLUB INC ATTN RICHARD C BAKER 22630 SWAN LAKE RD N FERGUS FALLS, MN 56537 8235 STATE OF MINNESOTA ATTN TAX SPECIALIST PO BOX 45 SAINT PAUL, MN 55155 4045 STEPHEN & KATHRYN AUSTVOLD Tst 18028 SWANVIEW RD W FERGUS FALLS, MN 56537 7728 TERRY L & MELVA J SHONBLOM 130 EAGLE LAKE DR W MAPLE GROVE, MN 55369 6148 TIMOTHY & TAMI LYKKEN MEHL 1904 BURLINGTON DR UNIT 5 WEST FARGO, ND 58078 4373 TERRY J & BRENDA M EVERSON 1446 W GATEWAY Cl RS FARGO, ND 58103 3530 WILFRED & MARGO SAUER 18002 SWAN VIEW RD W FERGUS FALLS, MN 56537 7728