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Home My WebLink About35000210188004_Variances_12-12-2013IllllllllVariances Barcode 128 Date Stamp L&R Initial 11- IZ-TX>\-i> DOC# 1138133 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded; December 16, 2013 2:15 PM Brian Armstrong, Recorder Returned To: LAND & RESOURCE 1138133 Fee: $46.00 Well Certificate [ ] Rec'd By; LL 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 500,00 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number w I Accepted By / Date Duane S. Amundson as Trustee of the Duane S. Amundson and Estelle J. Amundson PROPERTY OWNER Living Trust dated May 1, 2012DAYTIME PHONE 218-583-2437 MAILING ADDRESS 29619 State Highway 108, Henning, MN 56551-9350 LAKE NUMBER jV* LAKE NAME West Leaf Lake SECTION TOWNSHIP ^3^ RANGE 38 TOWNSHIP NAME Leaf Lake PARCEL LAKE CLASS RD NUMBER 35000210188004 E-911ADDRESS Feinted Leaf Trail LEGAL DESCRIPTION SEE ATTACHED. Part of Government Lot Five (5) of Section Twenty-one (21) of Leaf Lake Township. TYPE OF VARIANCE REQUESTED (Please Check) structure Setback____Structure Size____Sewage System____Subdivision ^ Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Seek to divide five-acre metes and hounds parcel Into two metes and bounds parcels, the first parcel along the lakeshore consisting of 41,543 square feet and the second parcel containing 4.05 acres, the latter to be forever attached to parcel to east also owned by applicant. Survey shows 41,543 square feet once as Parcel Cl and 4,05 acre area as Parcel 02. Parcel Cl Is retaining all 99.95 feet of lake frontage and will be a stand-alone parcel. Single family residence Is located on Parcel Cl. Proposed boundary line between Parcels Cl and C2 will be adjusted. If necessary, to meet County’s Impervious surface limitations. When Parcel G2 Is added to tract to east, parcel will consist of approximately 9,05 acres, so variance only needed for Parcel Cl, 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. November 19, 2013 SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER 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 SCANNED Date Of Hearing Time ^•/y /f/y? Motion Duane S. Amundson - Approved the application as requested. (7:14 p.m.) After discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried to approve the proposed subdivision as depicted on the revised surveyor’s certificated dated December 10, 2013, which was submitted unde'r Mr. Russell’s cover letter dated December 11, 2013. The variance as approved will result in Parcel Cl containing 45,126 square feet of area and Parcel C2 will be 3.96 acres, which when attached to the parcel to the east (which is currently owned by the applicant’s daughter) will be 9.96 acres. Chairman/Otter 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 bk 072011-001 L R Official/Date December 12, 2013 Page # 2 David S. and Mary M. Johnson - Approved the application as requested. (Continued) Approval of these request will result in a projected impervious surface percentage of 13,6% (972 garage plus 2,983 home plus 216 porch plus 274 patio plus 228 patio plus 1,300 misc. concrete walks and pad equals 5,973 square feet; 5973/43,823 = 13.6%) Glen Howe, Surveyor with Anderson Land Surveying appeared with the applicant at the public hearing. The audience was polied with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the variances as described in the application dated November 19, 2013 for the development as depicted on the surveyor’s drawing dated the 19 day of November, 2013. The variance as granted does not directly or indirectly grant any other variances for the proposed development. The variance as granted is consistent with past actions of the board. Richard and Stephanie Nelson - Approved the application with a modification. (6:50 p.m.) Richard and Stephanie Nelson, Lot 2 Block 2 Deerpath at Crystal, Crystal Lake in Lida Township requested the following: Lot 2 Block 2 is an unbuildable back lot due to the size (only has 175' of lot width and 41,200 square feet of lot area). In order to be a buildable back lot on a recreational development lake it is required to have 200’ of lot width and 80,000 square feet of lot area. Proposing to have the lot declared buildable for single family residential use. The audience was polled with Craig Christianson expressing concerns with drainage and noting existing covenants in this development. An email from Rick Kuhn expressing concerns with his previous request and with drainage issues was read for the record. After discussion and consideration, Paul Larson made a motion, second by Ward Uggerud and unanimously carried, to deny the variance as requested, but to declare Lot 2 Block 2 Deerpath at Crystal a buildable lot for non-residential (non-dwelling) purposes. Approving the variance as requested would have established precedence as there are a number of similar lots in this immediate area. The variance as approved does provide the applicant with a reasonable use of the property. Dennis L Mellen - Approved the application as requested. (7:08 p.m.) Dennis L Mellen, part of Government Lot 4, Section 4 of Lida Township by Rush/Lizzie Lake, requested the following; The configuration of the buildable area within the 200 foot setback from the shore of Rush/Lizzie Lake causes a practical difficulty to build within these setbacks. Because of this practical difficulty we are requesting a variance as stated below. 1) The existing home is 135 feet from the ordinary high water line. With the 12 foot front deck, it is 123 feet from the ordinary high water line. We are requesting replacing the existing structure with a new structure and maintain the existing 135 foot ordinary high water line setback. With the new 12 foot deck we will have a 122 foot ordinary high water line setback. This equates to a variance request of 65 foot for the home and 77 foot for the deck , from the setback of 200 feet. 2) The new structure will conform to the side lot line setback requirements. Paul Mellen appeared with the applicant. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Rick Wilson and unanimously carried, to . approve a variance of 65’ and a variance of 77’ from the required ordinary high water level setback requirement of 200’ for the placement of a dwelling 135’ and a deck 123’ from the ordinary high water level as described in the variance application dated November 14, 2013 and as depicted on the drawings submitted with the application. The proposed project is basically a maintenance project, which wili bring the septic system into compliance with the code. Duane S. Amundson - Approved the application as requested. (7:14 p.m.) Duane S. Amundson, part of Government Lot 5, Section 21 of Leaf Lake Township by West Leaf Lake, requested the following: Seek to divide five-acre metes and bounds parcel into two metes and bounds parcels, the first parcel along the lakeshore consisting of 41,543 square feet and the second parcel containing 4.05 acres, the latter to be forever attached to parcel to east also owned by applicant. Survey on file in the County Auditor’s office shows 41,543 square feet as Parcel Cl and 4.05 acre area as Parcel C2. Parcel Cl is retaining all 99.95 feet of lake-frontage and will be a stand-alone parcel. Single family residence is located on Parcel Cl. Proposed boundary line between Parcel Cl and C2 will be adjusted, if necessary, to meet County’s impervious surface limitations. When Parcel C2 is added to tract to east, parcel will consist of approximately 9.05 acres, so variance only needed for Parcel Cl. Robert L. Russell, Attorney, appeared with the applicant at the public hearing. Mr. Russell noted that the application should have stated that the second parcel containing 4.05 acres would be forever attached to the parcel to the east owned by the applicant’s daughter. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried to approve the proposed subdivision as depicted on the revised surveyor’s certificated dated December 10, 2013, which was submitted under Mr. Russell’s cover letter dated December 11, 2013. The variance as approved will result in Parcel Cl containing 45,126 square feet of area and Parcel C2 will be 3.96 acres, which when attachepLto the parcel to the east (which is currently owned by the applicant’s daughter) will be 9.96 acres. CC AMMplj WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel #35ooozwi88oo4 described in my variance Application dated November 19. 2013 Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: pT| 1 agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s), I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). November 19, 2013 DATED --..---------------------------------- ..... ..01-03-2011 Mbowman app &forms~ waiver 60 day rule PROPERTY OWNER SCNlHtD Attornev at Law Robert L. Russell 220 W. Washingion Avc., Suite 103 Fergus Falls, MN 50537 Phone: 218-998-64(X) • Toll Free: 866-998-6404 Fax:218-998-6404 • E-mail: rrussell@prtel.com December 11, 2013 Land and Resource Management 540 West Fir Avenue Fergus Falls, MN 56537 Re: Variance Request of Duane and Estelle Amundson 48907 Painted Leaf Trail In anticipation of tomorrow evening’s hearing, I am submitting seven revised survey maps and diagrams showing the calculation of the impervious surface area. The easterly end of the boundary line that was shown on the prior survey as separating the proposed lot from the back lot area has been moved a bit to the south to meet the County's impervious surface requirement. I just received these documents Tuesday afternoon, so was not able to submit them to you sooner. Very truly yours. Robert L. Russell bkp Enc. Minnesota State Bar Association Board Certified Real Property Specialist Baltic Lake Office Hours: Available by Appointment State Farm Insurance Bldg. 21566 State Hwy 78 ^1^ Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; DUANE & ESTELLE AMUNDSON TST 29619 STATE HIGHWAY 108 HENNING MN 56551-9350 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, December 12, 2013 at 6:30 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 part of Government Lot 5, Property Address - 48907 Painted Leaf Trail Section 21, Township 134, Range 38 - Township Name - Leaf Lake Lake No. 56-114, Lake Name - West Leaf, Class - RD The variance requested is the following: Seek to divide five-acre metes and bounds parcel into two metes and bounds parcels, the first parcel along the lakeshore consisting of 41,543 square feet and the second parcel containing 4.05 acres, the latter to be forever attached to parcel to east also owned by applicant. Survey on file in the County Auditor’s office shows 41,543 square feet once as Parcel C1 and 4.05 acre area as Parcel C2. Parcel C1 is retaining all 99.95 feet of lake-frontage and will be a stand-alone parcel. Single family residence is located on Parcel C1. Proposed boundary line between Parcel C1 and C2 will be adjusted, if necessary, to meet County’s impervious surface limitations. When Parcel C2 is added to tract to east, parcel will consist of approximately 9.05 acres, so variance only needed for Parcel Cl. Date: November 22, 2013 li^ayite Stein Board of Adjustment Secretary OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) County of Otter Tail) )SS I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 25th, day of Novermber, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Duane and Estelle Amundson tst, 29619 State Highway 108, Henning, MN 56551 9350 Mary Jane Meyer, Twp Clerk of Leaf Lake, 48694 County highway 132, Henning, MN 56551 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 Rick Wilson, 609 W Lakeside Dr, 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: November 25, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:3Vi Manderud CAROL L AMUNDSON 29619 STATE HIGHWAY 108 HENNING, MN 565519343 DUANE & ESTELLE AMUNDSON TST 29619 STATE HIGHWAY 108 HENNING, MN 565519350 KEITH J& MELINDA K BORG 29724 STATE HIGHWAY 108 HENNING, MN 565519328 KEITH & ANGELA ECKHOFF 27084 STATE HIGHWAY 108 HENNING, MN 565519347 ERKENSTST 14466 248TH ST COLD SPRING, MN 56320 9643 RONALD G & RAMONA E GERMAIN 48961 IDEAL RD HENNING, MN 565519342 RUSSELL H & PATRICIA A JUVRUD 29417 STATE HIGHWAY 108 HENNING HENNING, MN 565519350 HARVEY J & KATHLEEN F KLEVER 26802 STATE HIGHWAY 108 HENNING, MN 565519346 ANTHONY K KOLKER ETAL 48821 PAINTED LEAF RD HENNING, MN 565519201 LA AMUNDSON INVESTMENTS 629 MINNESOTA AVE S STE 203 PO BOX 1270 SIOUX FALLS, SD 571011270 BRIAN & LYNAE MAKI 29588 STATE HWY 108 HENNING HENNING, MN 565519350 JOHN R & JOANNE MCCARTNEY 1011 BOSTON HILLRD EAGAN, MN 55123 1539 MERCHANTS BANK NA 102 3RD ST E PO BOX 248 WINONA, MN 55987 248 JAMES R & LOUANN PETERSON 104 MILNE AVE PO BOX 454 HENNING, MN 56551454 EDWARD A SNYDER TST 198 THOMPSON AVE E WEST SAINT PAUL, MN 55118 3219 JEFFERY M & KARMEN STRAMER PO BOX 37 HANOVER, MN 55341 37 PEGGY JO SUESS 46139 176TH ST MORRIS, MN 56267 4524 VINCENT F & MARIBETH TRUAX 29697 510TH AVE HENNING, MN 565519353 UNITED COMMUNITY BANK PO BOX 249 PERHAM, MN 56573 249 CRAIG R & LYNN M WILDA 11409 RHODE ISLAND CT CHAMPLIN, MN 55316 2762 fOLom iOT-lS WT-ISVAK au> nu CiCO^ »tQAA nc-n^-nb 2i-iM-)e V.M 7764'J T M.C. NO. By / /N 100 60 100 200 300 LINE TABLE LINE BEARING DISTANCE LI S 88*2I'25“ E 12.85 CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 122.50 141.11 133.44 N 5roo‘oo" W 66’00'00* C2 141.50 111.96 109.07 N 62*59'52“ E 45*20'I0“ C3 33.50 71.73 58.79 N 78*I9‘50“ W I22*40'45“ / / / / / / / \i/ \l/ ftUI UrtMU 1 'T 5^ FAFOL a ».F.* S- \U' I ■- A I «-c. IVA ; €> .A tui fo D*D^C*I *1 r\T\wt.u n _ A/>rO.LI I r-»\^r=. .^- *':jre;s± W'LY Rm LINE OF S.T.H. NO. lOS' ■-Vk \ti \s i ?/^r*i\/L.L. -L V 5r\r\ A/xQi •UU owKC.^* (N I \C PARCEL C2 d.<W Act0» aa.'C -. c3> \<SiV %\^a. h W'<£> ■- ^C3 V7<i' PROPOSED INGRESS * EGRESS EASEMENT R PAR/^ClvLU J A y :\.: r^r^ Ay»\r>r“C‘..*.V/U nwKCO* N 71.15 r48'o&* w 216.42 145.27 158.50 [- Is aer2f25»_e ~ I24.«W N 88’25'00* 224.86 N 28M6'54* E 44.75 W :<> r- f \1 _75__75_ T\‘ya \ EAST20.00 300TM STREET ^NDERSON LAND SURVEYING, INC, PROFESSIONAL LAND SURVEYORS & lAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS. MN 56537 (218)739^5268 FAX (218) 739^5461 (800) 300-9276 SE CTX?NER SEC. 21-134-38 W-E SCALE IN FEET SCALE: I INCH * 100 FEET BEARINGS ARE BASED CW AN ASSUMED DATUM. • DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED •PLS 13620 * 17825“. COO DENOTES SEWER CLEANOUT. S NOTES, qil ADDRESS: 48907 PAINTED LEAF TRAIL PARCEL NO. 35000210188004 TOWNSHIP NAME: LEAF LAKE LEGAL: PART OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 134, RANGE 38, OTTER TAIL COUNTY, MINNESOTA SEE WARRANTY DEED DOCUMENT NO. 1108926 ("PARCEL B) OINER: DUANE S. AMUNDSON AS TRUSTEE OF THE DUANE S. AMUNDSON 4 ESTELLE J. AMUNDSON LIVING TRUST 29619 STATE HIGHWAY NO. 108 HENNING, MN 56551 218-583-2437 aURVEfOR'S CBRTIFICATK / HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT HAS PREPARED BY tIE OR UNDER MY DIRECT SUPERVISION AND THAT / AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LANS OF THE STATE OF MINNESOTA. DATED THIS BTH DAY OF NOVBTBER, 2013. DAVID A. ANDERSCH PROFESSIONAL LAND SURVEYOR MINNESOTA LICENSE NO. !3(>20 REVISED: DECEMBER !0, 2013 /T PROPOSED VARIANCE SKETCN FOR, DUANE AMUNDSON CONTRACT NO.FOLDER DRAWN BY 307-13 307-13 LIB Dl*te FILE CRD FILE CHECKED BY 307-I3VAR.307-13 DAA SEC-TWP-RG REVISION: 21-134-36 12-10-2013 FIELD BOOK ALS-2II/33 FIELD CREW JAK DRAWING NUmER 7764