HomeMy WebLinkAbout36000170119001_Variances_10-08-2020Variances
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Barcode 128
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1249121
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FER6U3 FALLS, MN
RECORDED ON
12/02/2020 03:40 PM
FEE; 46.00
PAGES 7
WELL CERTIFICATE REC'D: N
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L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPUCATiON FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.otter-tail.mn.usOTTCRTnil
Application Fee V
Receipt Number 'CZC-Z'L^
Date q-l'J'tcAccepted by
Property Owner
Name Erik Arleigh Thorberg
Address 42037 Spitzer Lake Road
City Clitherall
State MN
Zip 56524
Daytime
Phone (612)282-0231
Email erik@thorberg.com
Parcel Information
Lake ClassLake No Lake Name Spitzer Lake56016000
Parcel Number(s)360009903210003600170119001
Parcel Number(s)
SectionTownship Name 17Leaf Mountain
Legal Description Section-17 Township-131 Range-039
1.00 AC
PT GL 8 BG 2069.83' N FR SI/4 CR SEC 17; ELY 90.55' N 518.3' TO SHORE WLY ON SHORE TO
W LINE S 539' TO BG BK 443 PG 277 .4.
Physical Address 42037 Spitzer Lake Road Clitherall, MN 56524
TYPE OF VARIANCE REQUESTED (Please Check)
□□Structure
Setback □0 SubdivisionStructure Size Sewage System
□□□MiscellaneousClusterWECS
Version Date 04/07/2020
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:_______
existing structure (which is approximately '130' from the lakeshore) with a new structure that
will not be closer to the lake but within the 200’ setback. If new build site is outside of the 200’ setback,
Shoreline Management
HI M- A3-4
encroachment to the existing septic could require digging up and moving the septic system. Due to the
topography, the drainage in a new location would require significant excavation and landscaping to
reduce flooding.
- CoAsbiul- cl iifiA; olu.vli\'. it,
Mac cl a 2- voi^ch nor Ill0^i^>^ of
I UNDERSTAND THAT 1 HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDI^SION
CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY.
^ p f pI G \ ^ p' (T'u i-^n j i ] 0be |U
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.
SIGNATURE OF PRQE»PrO\X/NER/AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
De-h'kr ipir)Date of Hearing Time
Erik Arleigh I horberg -Variance Request Approve with Condition (N:26 p.m.)
After consideration and discussion, Jack Rosenthal made a motion seconded by Terry Marthaler and carried by
rolls call vote to approve Option B to construct a new dwelling on parcel no 36000990321000 with the
condition that the new dwelling must be no closer than 150’ to 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 w hich have been placed on file
with the Land & Resource Management Department.
/h^ Bus lu) 00
Chairman/Otter Tail County Board of Adjustment
TfUinvtcs Ut-
IPermit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
lo/NmCopy of Application maiied to Applicant, County Assessor and MN DNR
L&R Official/Date
2
■..V/ , ..
IWTO ,COh4TRACT FOR DEED
Miller-Davis Legal Forms
Minnesota Uniform Conveyancing Blanks (1978)Form No. 54-M
920908Individual Seller
No delinquent taxes and transfer entered; Certificate
of Real Estate Value (
Certificate of RmI Estate Value No.
^ o j________Cf County Auditor
OFFICE OF COUNTY RECORDER) not required IOTTER TAIL MINNESOTA
I hereby certify that
this instrument #
was flled/recorded In this office
for record on the jSJjQ_day of __Fit b. 2003 at Q *■ ?f/arw/om
Wendyl^Metc^f^otmty Recorder
by: ^Deputy
c K ^3n.C\<y “recording f^
c K 30. oo well certificate
by
Deputy3<^ ono m on 9
'
(reserved for recording data)
MORTGAGE REGISTRY TAX DUE HEREON:
$Januarvs30 .2003Date;
(reserved for mortgage registry xzx paymeni data)
THIS CONTRACT FOR DEED is made on the above date bv Wavne C. Black and Ethel J. Black, husband and wife Seller (whether
one or more), and Erik Arleigh Thorberg. Purchaser (whether one or more). I
Seller and Purchaser agree to the following terms;
PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real propeny in Otter
described as follows:
Tail County, Minnesota,1.
1
See Exhibit A attached hereto
together with all hereditaments and appurtenances belonging thereto (the Property).
2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions:
(a) Covenants, conditions, restrictions, declarations and easements of record, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if any;
(c) Building, zoning and subdivision laws and regulations;
(d) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of
this contract; and
(e) The following liens or encumbrances:
None
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser’s prompt and full performance of this contract. Seller shall;
(a) Execute, acknowledge and deliver to Purchaser a Warranty Deed, in recordable form, conveying'marketable title to the Property
to Purchaser, subject only to the following exceptions;
(i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; ‘
(ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered or permitted to accrue after
the date of this contract; and
(iii) The following liens or encumbrances:
None ; and
(b) Deliver to Purchaser the abstract of title to the Properly if Seller has an abstract in iheir.possession or, if the title is registered,
the owner’s duplicate certificate of title.
■> '■<
4. PURCHASE PRICE. Purchaser shall pay to Seller, at such places as Seller may from time to time designate, the sum of Fifty Five
Thousand One Hundred Seventy Five Dollars ($55.175.00). as and for the purchase price for the Propeny, together with interest at
the rate of one percent (1 %) per annum on the unpaid principal balance of the purchase price, payable as follows:
(a) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2004;
(b) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2005;
(c) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2006;
(d) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2007;
(e) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2008;
(f) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2009;
(g) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2010;
(h) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2011;
(i) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2012;
(j) Five Thousand Dollars ($5,000.00) of principal, together with accrued, unpaid interest is due and payable on January 31,2013;
(k) The unpaid principal balance, together with accrued, unpaid interest is due and payable in full on January 31,2014.
PREPAYMENT. Unless otherwise provided in this contract. Purchaser shall have the right to fully or partially prepay this contract
at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this contract,
including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid in the inverse order of their
maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the
amountof such installments.
5.
REAL ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before penalty accrues, all real estate taxes and installments
of special assessments assessed against the Property which are due and payable in the year 2003 and in all subsequent years.
Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the years
preceding the year in which this contract is dated are paid in full.
PROPERTY INSURANCE.
(a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and fixtures now or later located on
or a part of the Property insured against loss by fire, extended coverage perils, vandalism, rnalicious mischief and, if
applicable, steam boiler explosion for at least the amount of full insurable value. If any of the buildings, improvements or
fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area. Purchaser shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. |
(b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides that Seller’s
right to recover under the insurance shall not be impaired by any acts or omissions of Purchaserj or Seller, and that Seller
shall otherwise be afforded all rights and privileges customarily provided a mongagee under the so-called standard mongage
clause.
(c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty. Purchaser shall promptly give
notice of such damage to Seller and the insurance company.
6.
7.
8. DAMAGE TO THE PROPERTY. |
(a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance
proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchaser under this
contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted election described in the next
paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided
in this contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be
paid pursuant to this contract or change the amount of such installments. The balance of insuranceSproceeds, if any, shall be
the property of Purchaser. |
(b) PURCHASER’S ELECTION TO REBUILD. If Purchaser is not in default under this contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require|otherwise. Purchaser may
elect to have that portion of the such insurance proceeds necessary to repair, replace ore restore the damaged Property (the repair
work) deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other
party as may be mutually agreeable to Seller and Purchaser. The election may only be made by written notice to Seller within
sixty days after the damage occurs. Also, the election will only be permitted if the plans and specifications and contracts for the
repair work are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election
is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into such escrow. If such
insurance proceeds are insufficient for the repair work. Purchaser shall, before the commencement of the repair work, deposit
into such escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are
unavailable or are insufficient to pay the cost of the repair work. Purchaser shall at all times be responsible to pay the full cost of the repair work. All escrowed funds shall be disbursed by the escrowee in accordance with jgenerally accepted sound
construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by
Purchaser into such escrow before the commencement of the repair work. Purchaser shall complete the repair work as soon as
reasonably possible and in a good and workmanlike manner, and in any event the repair work shall be completed by Purchaser
within one year after the damage occurs. If, following the completion of and payment for the repair work, there remain any
undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by PurcJiaser under this contract in
accordance with paragraph 8 (a) above.
9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
(a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this
contract to any person or fjersons or property while on or about the Properly, Purchaser shall defend and indemnify Seller from
all liability, loss, costs and obligations, including reasonable attorneys’ fees, on account of or arising out of any such injuries.
However, Purchaser shall have no liability or obligation to Seller for such injuries which are caused by the negligence or
intentional wrongful acts or omissions of Seller. j
(b) LIABILITY INSURANCE. Purchaser shall, at Purchaser’s own expense, procure and maintain liability insurance against claims
for bodily injury, death and property damage occurring on or about the Properly in amounts reasonably satisfactory to Seller and
naming Seller as an additional insured.
10. INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and maintain pursuant to paragraphs 7 and
9 of this contract shall be issued by an insurance company or companies licensed to do business in tlie State of Minnesota and
acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any amount remains unpaid under this contract.
The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal, termination
or change in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies.
-V • *
11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent
domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance
in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this contract, even ifjsuch amounts are not then
due to be paid. Such amounts shall be applied first to unpaid accrued interest and next to the installments tojbe paid as provided in this
contract in the inverse order of their maturity. Such payment shall not postpone the due date of the installments to be paid pursuant
to this contract or change the amount of such installments. The balance, if any, shall be the propeny of Purchaser.
12. WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings, improvements or fixtures now or later
located on or a part of the Property, nor shall Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property
in good condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims against the Property which
constitute a lien or claim against Seller’s interest in the Property. Purchaser shall pay to Seller all amounts, costs and expenses,
including reasonable attorney’s fees, incurred by Seller to remove any such liens or adverse claims.
13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser’s full performance of this contract, pay the deed tax
due upon the recording or filing of the deed to be delivered by Seller to Purchaser. The mortgage registry tax due upon the recording
or filing of this contract shall be paid by the party who records or files this contract; however, this provision shall not impair the right
of Seller to collect from Purchaser the amount of such tax actually paid by Seller as provided in the applicable laws governing default
and service of notice of termination of this contract.
14. ASSIGNMENT. If Seller assigns their interest in the Property, a copy of such assignment shall promptly be furnished to the
Purchaser. Purchaser shall not assign or otherwise transfer all'or any part of his interest in this contract for deed or the Property
described herein without the prior written consent of Seller. In the event of any such assignment or transfer by Purchaser without
Seller’s prior written consent, the entire unpaid principal balance, together with any unpaid, accrued interest thereon shall be
immediately due and payable in full.
15. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the terms of this contract or fails to
perform any of Purchaser’s obligations as set forth in this contract. Seller may, at Seller’s option, pay the same or cause the same to
be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at
the rate stated in paragraph 4 of this contract, as an additional amount due Seller under this contract.
If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance
against the Propeny which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default under this contract.
Seller shall timely pay all amounts due thereon, and if Sellers fails to do so. Purchaser may, at Purchaser’s option, pay any such
delinquent amounts and deduct the amounts paid from the installment(s) next coming due under this contract.
16. DEFAULT. The time of performance by Purchaser of the terms of this contract is an essential part of this contract. Should Purchaser
fail to timely perform any of the terms of this contract. Seller may, at Seller’s option, elect to declare this contract canceled and
terminated by notice to Purchaser in accordance with applicable law. All right, title and interest acquired under this contract by
Purchaser shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchaser pursuant
to this contract shall belong to Seller as liquidated damages for breach of this contract. Neither the extension of the time for payment
of any sum of money to be paid hereunder nor any waiver by Seller of Seller’s rights to declare this contract forfeited by reason of
any breach shall in any manner affect Seller’slight to cancel this contract because of defaults subsequently occurring, and no extension
of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period
allowed by law. Purchaser shall, upon demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until the expiration of such period. I
17, BINDING EFFECT. The terms of this contract shall run with the land and bind the parties hereto and their successors in interest.
17. HEADINGS. Headings of the paragraphs of this contract are for convenience only and do not define, limit or construe the contents of such paragraphs. ]
18. ASSESSMENTS BY OWNERS’ ASSOCIATION. If the Property is subject to a recorded declaration providing for assessments to
be levied against the Property by any owners’ association, which assessments may become a lien against the'Property if not paid, then:
(a) Purchaser shall promptly pay, when due, all assessments imposed by the owners’ association or other governing body as required
by the provisions of the declaration or other related documents; and |
(b) So long as the owners’ association maintains a master or blanket policy of insurance against fire, extended coverage perils and
such other hazards and in such amounts as are required by this contract, then:
(i) Purchaser’s obligation in this contract to maintain hazard insurance coverage on the Property is satisfied; and
(ii) The provisions in paragraph 8 of this contract regarding application of insurance proceeds shall be superseded by theprovisions of the declaration or other related documents; and [
(iii) In the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the
Property, any such proceeds payable to Purchaser are hereby assigned and shall be paid to Seller for application to the sum
secured by this contract, with the excess, if any, paid to Purchaser.
19. ADDITIONAL TERMS:
Purchaser acknowledges having received a Well Disclosure Certificate and an Individual Septic System Disclosure, if any, as may be '
required by an applicable law. Purchaser is responsible for any repairs, maintenance, or improvements to the well or individual septic
system as may be required by law. Purchaser acknowledges that he has fully inspected the Propeny and the improvements thereon and
is purchasing the same in their "as is with all faults" condition.
PUR^ASER^ __________SELLERi
Etfefj. Black ^
Erik Arleigh Thorberg
1> ss
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this3^day of January. 2003. by
husband and wife.
C. Black and Ethel J. Black
NO".'.RlS r.^.'ICOR .StiAL lOROOiHR i riL.KOR
REID J. HANSEN |
I PUBLIC - MINNESOTA I
J My Comm. Explros Jaji. 31, 2005 >
SICNATU lEOF PERSQNTAKING ACKNOWLEDGMENT
> SS
STATE OF MINNESOTA
D^/CoTff-COUNTY OF
s'^^day of'J Tik Arleigh Thorberg.The foregoing instrument was acknowledged before me thi
Nf'-VAin..U..ST..'>.'.n' OR .Si.-AI.. (0!i l.'i'. HEit TIVl.!' OR RANK.)
B AAAAA/^A./^fVkA,^^AAA>V^AAAAAAAAA/V^AA/^ ■REID J. HANSEN
notary public - MINNESOTA I My Comm. Expires Jan. 31,2005
c:k nowupdcim r.NTSKI?-’. Tsj^-TOF P f-fJAON TAlCfNr;Aj
I
Tax StaiememsTor ihe re^propcrty described in this instrument should be
sent to: ^ I
Erik Arleigh Thorberg
42037 Spitzer Lake Road
Clilherall, MN 56524
J rCtS [NSriU?M2;.N'l'W.A.S li'WArrfeC) iJY A.SI> ADDkH.SS:
Reid J. Hansen
Hansen, McCann & O’Connor, P. A.
14450 South Robert Trail
Rosemount, Minnesota 55068
651-423-1155/651-423-1 157
FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE
OTHER PARTIES PRIORITY OVER PURCHASER’S INTEREST IN THE PROPERTY.
EXHIBIT A TO CONTRACT FOR DEED
LEGAL DESCRIPTION
That part of Government Lot 8, Section 17, Township 131, Range 39,
Otter Tail County, Minnesota, described as follows: Commencing at the South 1/ corner of said Section 17, thence on an assumled bearing
of North on the North and South quarter section lin^e of said
Section 17, for a distance of 2069.83 feet to point of bejginning of
tract to be described; thence North 83® 38' 50" East 90.55 feet; thence on the bearing of North for a distance of 518.3[feet more
or less to the shoreline of Spitzer Lake; thence Westerly on said
shoreline to the intersection with the Westerly line of said
Government Lot 8; thence on an assumed bearing of South on the
Westerly line thereof for a distance of 53.9 feet more or less to the point of beginning, subject to a private road easemer^t over the
Southerly 33 feet thereof; together with the perpetual right-of-way
and easement granted hereby; the purchaser, his.successors, and assigns shall have the right of ingress and egress. at | all times
upon, over and across that part of Government Lot 8, Section 17,
Township 131, Range 39, reserved for a jointly-used road which is not located and constructed and running between the publi'c road and
the premises herein described.
Joel & Sherri Thomsen - Continued
Joel & Sherri Thomsen, property owners and Kelli Wegschied. Architect represented the variance application via GoToMeeting. The
audience was polled w ith no one speaking for or against the variance application.
After consideration and discussion, Michael Donoho made a motion seconded by Darren New villle and carried by roll call vote to
approve the variance request to construct a detached garage being 1 ’ from the new bike path easement. It was noted that the structure
will maintain the 20’ road right of way setback from County Hwy 34. This decision is also based on the Findings of Fact and Decision
Form, which contains the criteria review ed 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 follows:
Board of Adjustment ABSENT ABSTAINYEANAY
XThomas Lee
Darren Newville X
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Jack Rosenthal - PC Member X
Janice Schwieger- Variance Request Approved with Condition (8:20 p.m.)
Janice Schwieger, Tr 125’ E & W on S Line of Leaf Lake Pleasure Grounds, Middle Leaf Lake (56-116), Leaf Lake Township
request the follow ing: I am requesting a variance to remove the existing mobile home (12x60) and replace it with a new' manufactured
home (14x56). Current home w ith attached deck is 32 feet form OFIWL. New' home w ith deck will be 30 feet from OFIWL.
Requesting a 70-foot variance to the 100 ft. structure setback. The impervious surface would increase from 832 to 1048 (percentage
total would be 5.37%) maximum allowable is 25%. 1 am requesting a variance of 602 sq. ft. from the 260 impervious surface within
the SIZ. Existing home has 820 sq. ft. w ithin the SIZ. New home would have 826 sq. ft. w ithin the SIZ.
Janice Schw ieger. property owner represented the variance application via GoToMeeting. The audience was polled w ith no one
speaking for or against the variance application.
After consideration and discussion, Darren New ville made a motion seconded by Terry Marthaler and carried by roll vote to approve
the variance to replace an existing mobile home w ith a 14’ x 56’ manufactured home and deck w ith the condition that it can be no
closer than 32’ to ordinary high water level. This decision is also based on the Findings of Fact and Decision Form, w hich contains
the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been
placed on file w ith the Land & Resource Management Department.
Roll call vote as follow s:
Board of Adjustment YEA NAY ABSENT ABSTAIN
XThomas Lee
Darren Newville X
Douglas Larson
Michael Donoho
X
X
XTerrs Marthaler
Jack Rosenthal - PC Member X
Erik Arleigh Thorberg -Variance Request Approve with Condition (8:26 p.m.)
Erik Arleigh Thorberg , Pt of GL 8 (LOO Acre) & Lot I BIks 1 & 2 of Koep’s Subdivision, Spitzer Lake (56-160), Leaf Mountain
Township request the following: Option A - Replacing existing structure (which is approximately 130’ from the lakeshore) with a
new structure that w ill not be closer to the lake but w ithin 200’ setback. If new build site is outside of the 200’ setback, encroachment
Board of Adjustment
October 8, 2020
Page I 8
Erik Arleigh Thorberg -Continued
to the existing septic could require digging up and moving the septic system. Due to the topography, the drainage in a new location
would require significant excavation and landscaping to reduce flooding. Option B - Construct a new dwelling being approx. 130’
form lakeshore on the adjacent parcel. On file at Land & Resource Management are 2 site options which would not require moving of
the existing certified septic system.
Erik Thorberg, property ow ner represented the variance application via GoToMeeting. The audience was polled with no one speaking
for or against the variance application.
After consideration and discussion. Jack Rosenthal made a motion seconded by Terry Marthaler and carried by roll call vote to
approve Option B to construct a new' dwelling on parcel no 36000990321000 w ith the condition that the new dwelling must be no
closer than 150’ to 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 w ith the Land & Resource Management Department.
Roll call vote as follows:
Board of Adjustment ABSENT ABSTAINNAYYEA
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Jack Rosenthal - PC Member X
Other Business - None
With no further business, Thomas Lee, Chairman declared the meeting adjourned at 8:42 p.m.
Prepared by:
Amy Busko. Secretary
The minutes were emailed on October 21, 2020, to the Otter Tail County Board of Adjustment. Official action regarding these minutes
will be taken by the Board of Adjustment at their next regularly scheduled meeting.
Board of Adjustment
October 8. 2020
Page I 9
STAFF REPORT
Erik Arleigh ThorbergAPPLICANT:
Option A: Replacing existing structure (which is approximately 130' from the lakeshore)
with a new structure that will not be closer to the lake but within the 200' setback. If
new build site is outside of the 200' setback, encroachment to the existing septic could
require digging up and moving septic system. Due to the topography, the drainage in a
new location would require significant excavation and landscaping to reduce flooding.
Option B: Construct a new dwelling being approx.. 130' from lakeshore on the adjacent
parcel.
Attached are 2 site options which would not require moving of the existing cert, septic
system.
APPLICATION:
42037 Spitzer Lake RD, Clitherall, MN 36000170119001LOCATION:
LAKE NAME/NUMBER/CLASS: Spitzer, 56-16, Natural Environment
STAFF WHO COMPLETED REPORT: Chris LeClair
4^ Otter Tail County Visit the County Website
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1. No recommendations
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SECTION IV,SUBP. 12
D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance
with Minnesota Statute 394.36
MINNESOTA STATUTE 394.36
Subd. 4.Nonconformities; certain classes of property.
This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate
occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use
or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may
be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including
expansion.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. Septic system inspected on Oct 4, 2019 and deemed Compliant.
2. Site visit September 29, 2020
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:
Erik Arleigh Thorberg
42037 Spitzer Lake Rd
Clitherall MN 56524
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, October 8, 2020 at 8:00 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. - 36000170119001 & 36000990321000
Pt of GL 8 (1.00 Ac) & Lot 1 BIks 1 & 2 of Koep's Subdivision
Section 17, Township 131, Range 39
Township Name - Leaf Mountain
Spitzer (56-160), Natural Environment (NE)
42037 Spitzer Lake Rd., Clitherall MN 56524
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Option A - Replacing existing structure (which is approximately 130' from the lakeshore) with a new structure that
will not be closer to the lake but within 200' setback. If new build site is outside of the 200' setback, encroachment
to the existing septic could require digging up and moving the septic system. Due to the topography, the drainage
in a new location would require significant excavation and landscaping to reduce flooding.
Option B - Construct a new dwelling being approx. 130' form lakeshore on the adjacent parcel.
On file at Land & Resource Management are 2 site options which would not require moving of the existing certified
septic system.
September 24, 2020 Amy Busko
Board of Adjustment Secretary
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
. *■:Si
X Q,36000170119001
SnoA seerch resuits ♦O'’ 36000
r srinr.R UKi:SPITZER
%P!TZEftl^Option A
Option B
SPITZER
• I am requesting a variance to build a new structure on the site of the existing dwelling
—(Option A) or on a new-higher^ground site (Option B). which are within the 200'________
waterfront setback.
• The existing dwelling was built in 1971 is in need of structural repair and it cannot have
any expansion added to it without a new foundation and other extensive updates to
meet current building codes. An addition or remodel would be of greater cost than a tear
down and rebuild.
• There are two existing structures on site (to be removed): a cabin and storage shed that
are approximately 100-120' from the high water mark.
• The potential that placing a new house at the required 200' setback would have a larger
impact on the site from the standpoint that it would require more excavation and fill on
the hillside on the property, in addition to impeding closer to the neighbor's buildings.
• The current septic has been certified (10/4/19) and would not need to be relocated if a
rebuild was done in the same location or the other proposed location.
• A new build will increase property values and the request for variance reduces financial hardship to the owner and provides distance between the neighboring property.
• Proposed placement keeps the dwelling in an area that eliminates any flooding potential
as has been an issue for many properties on Spitzer Lake.
Option A
• Rebuild on existing building site,
close to neighbors property line
• Use existing septic and electric
• Same excavation site, some tree
removal
• Located on top of hill
• New building not closer to water
approximately feet
^ ■
Option B
• Rebuild on adjacent parcel, far
from neighbors property line
• Use existing septic and electric
• New excavation site, no
significant tree removal
• Located on top of hill
• New building not closer to water
approximately feet
Characteristics of Proposed Dwelling
Replacemenl
1064 Square Feet
29 Feet
20 Feet y
New or Replacement.
Square Feel:
Maximum Proposed Height:
Setback t«^ot Lines
(indicate {2)Sbsest lot lines):
20'^ Feet
Setback to Right of W^:
Setback to Ordinary HigtvWal
Level: y\
!80 Feet
200 Feet
Setback to Septic Tapir 10 Feel
20 FeetSetback to Draipifeld:
Setback lO/Sluff;i^Feet
3' FeetElevation above Ordinary High
Water Level:
Total Bedrooms:2
NoRoof Change:
Proposed Project (Lot Alteration)
Project Type:excavate for basement and backf II with onsite material.Project Description:Fill
Impervious Surface
Walkout BasementFoundation Type<
Area to be Cut/Ej(cavated
40 Widfh;Pleasepaetfme
'l,ff«rtf^xcavated Area:
4 Feet Total Cubic Yards:178 excavate30 l^et Average Depth:Length:
for
■A walkout
wall and
basement
■ OFeet^WWth? :
i
•‘..gFeet, Average Deprfh; *.,A "• ^
^ W^eet Average Depth:0 FeetTotal Cpbftfrards 0 Length:0 FeetLengthy^■0 ]^ ■
i.
.f *
^ 0 Feet >tal Cubic Yards:0Width:
0'--e
Walk-Out Basement Project
15Average Depth:2 Feet Total Cubic Yards:20 Feet Width:10Length:
I Ci'k.jlate I
Area to be filled/Leveled
0 FeetLength:Average Depth:0 Feet Total Cubic Yards:00 FeetOFeet Width;Length:
I C :■ V. 111 ^: 1
0 Feet0 Feet Width:0 Feet Total Cubic Yards;0 Lengtm*Feet Average Depth:Width;
E
0 Feel Total Cubic Yards:0Average Depth:
ifor
]E"
Backfill at Foundation
1.5 Feetage Depth:140 Feel AverageLinear Length:
Culvert and Road Authority
N/ACulvert?
Road Authority Approval:N/A
Impervious Surface - Buildings
T^fl'Square Feet Dwelling Proposed;
Attached Garage Proposed:
Detached Garage Proposed:
Storage Shed Proposed;
Water Oriented Accessory
Structure Proposed;
^ - Square Feet
0 Square Feet
0 Square Feet
0 Square Feel
0 Square Feel
Dwelling Existing:
Attached Garage Existing:
Detached Garage Existing;
Storage Shed Existing:
Water Oriented Accessory
Structure Existing:
0 Square Feet
0 Square Feet
i ^(PSquare Feet
0 Square Feet
0 Square FeetRecreational Camping Unit Proposed:0 Square FeetRecreational Camping Unit
Existing;
Miscellaneous Existing;
Total Building Existing lmpervious^^|d^quare Feet!
0 Square Feel
C Square Feet
Miscellaneous Proposed:0 Square Feet
D Total Building Proposed Impervious:
Impervious Surface Calculation - Buildings
Total Building Existing lmpervious<jOQ5quare Feet
Total Building Proposed Impervious;
Total Building Impervious Surface; Square Feet right
Square Feet
47565 Square FeelLot Area;
Impervious Surface Ratio:
Buildir^gs Impervious Surface Percentage:
Impervious Surface - Other
Deck(s) Proposed:0 Square Feet
0 Square Feet
0 Square Feet
0 Square Feet
0 Square Feet
O Square Feet
0 Square FeetDeck(s) Existing:
Patio(s) Proposed:
Sidewalk(s) Proposed:
Landing(s) Proposed:
Driveway(s) Proposed:
Parking Areafs) Proposed;
0 Square Feet
0 Square Feet
Patio(s) Existing:
Sidevv'alk(s) Existing:
Landing(s) Existing:
Driveway(s) Existing:
Parking Area(s) Existing:
Retaining Wall(s) Existing:
Landscaping Existing:
0 Square Feet
3878 Square Feet
0 Square Feet
0 Square Feet0 Square Feet
0 Square Feet
Retaining Wall(s) Proposed:
Landscaping Proposed:0 Square Feet
0 Square Feet
Square Feet
0 Square FeetMiscellaneous Existing;
Other Existing Total:
Miscellaneous Proposed:
Other Proposed Total:3878 Square Feel
Impervious Surface Calculation - Buildings & Other
3878 Square FeelTotal Building + Other Existing Impervious.
Total Building + Other Proposed
Impervious:
Will
^0% 26 */o
iQ 'quare Feel
H7 "7^quare FeelTotal Building Other Impervious Surface:
47565 Square FeetLot Area:
lo^/o
Building * Other Impervious
Surface Ratio:
Building + Other Impervious
Surface Percentage;
Shore Impact Zone Impervious
0 Square Feet
0 Square Feel
0 Square Feel
0 Square Feet
Building(s) Proposed:Buitding(s) Existing:
Deck(s) Existing:
Patio(s) Existing:
Sidewalk(s) Exisiting:
Landing(s) Existing:
0 Square Feet
0 Square Feet Deck(s) Proposed:
Patio(s) Proposed;
Sidewalks(s) Proposed;
Landing(s) Proposed:
Briveway(s) Proposed:
Parking Area(s) Proposed:
Retaining Wall(s) Proposed:
landscaping Proposed:
•Miscellaneous Proposed:
' jf ^ *^‘^otal Proposed Impervious in the
• • Shore Impact Zone:
0 Square Feet
Square Feet
0 Square Feet
0 Square Feet
0 Feel
0 Squam^eetDriveway(s) Existing:
Parking AQea(s) Exifti%; t
Retaining Wall(s) ExisTing:
Landscaping Exisling:
Miscellaneous Existing:
Total Existing Impervious in thi
Shore Impact Zone;
Total Impervious in the Shore
Impact Zone:
m (^Si^bare Ft
^ 0 Square &^t
0 Square Feet.... I «
r
i » •* •
0 Square Feet
0 Square Feet® So^«re Feet
<7 Square Fee^f.0 Square Feeti
♦ 0 Squ^ Feel ' ,0 Square Feet• «
0 Square Feetf Csic L
Documentation
rPLEASE NOTE PROPOSED
PROJECT AREA MUST BE
STAKED
I
I File 1: THORBERG_SITE_PLAN.pdf
L _ ____________________________
J
Attach Supporting Documentation:
Total Proposed Area to Determine 1064 Square Feet
Fee:
286 Cubic YardsTotal Earlhmoving Request to
Determine Fee:
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 24'*^ day of September, 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
Beverly Hanson, Clerk
Leaf Mountain
12589 Co. Hwy 5
Clitherall MN 56524
NAErik Arleigh Thorberg
42037 Sptizer Lake Rd
Clitherall MN 56524
City Clerk (if located within 2 miles of a city)
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 56573LittleTHc^nald, Kerbs & Paul: LMKP Lakes Imp, Dist., PO Box 133, Perham, MN 56573
; PJw^Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
FishsBass & 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
LU
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
^ulie 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: Jack Roscntlial, PO Box 266, Ottcrtail MN 56571
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: September 24, 2020
Extra 5Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members
PC Member
Envelopes _
TOTAL NOTICES TO PRINT 17
I I Added to Agenda I__I Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & BL Review
5
1 MinutesBy:5Amy Busko
l:\BOA\October BOA\Thorberg Affidavit (160) 10-08-20.docx
Buffer Parcels w
Citv St ZiDParcel No Addr2Addrl
42037 Spitzer Lake Rd
Name 1 Name 2
Clitherall MN 56524 955536000170119001 Erik A Thorberg
Clitherall MN 56524 955542045 Spitzer Lake Rd36000170119002 Margaret A Perman
Plymouth MN 55447 452936000170119006 Douglas & Kathryn Burkett 14820 13th PI N
Crystal MN 55422 286436000170119007 Stephen & Melissa Burkett 3440 Noble Ave N
Maple Grove MN 55369 171336000170120000 Gregory & Kathryn Raether 8265 Peony Ln N
Plymouth MN 55447 452936000170120001 Douglas & Kathryn Burkett 14820 13th PI N
Clitherall MN 56524 955536000990321000 Erik A Thorberg 42037 Spitzer Lake Rd
36000990326000 To The Public 00
Pase 1 of 1Wednesday. Seotember 23, 2020
■f
Buffer Mail
City, State, ZipAddress i Address 2Name
Douglas & Kathryn Burkett 14820 13th PI N Plymouth MN 55447 4529
Stephen & Melissa Burkett 3440 Noble Ave N Crystal MN 55422 2864
Margaret A Perman 42045 Spitzer Lake Rd Clitherall MN 56524 9555
Gregory & Kathryn Raether Maple Grove MN 55369 17138265 Peony Ln N
Erik AThorberg 42037 Spitzer Lake Rd Clitherall MN 56524 9555
Wednesday, September 23, 2020 Page 1 of 1