HomeMy WebLinkAbout36000200141005_Variances_07-05-2012Variances
Barcode 128
1111780 7-5 loll
DOC# 1111780Date Stamp ll■illilll ill
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY MINNESOTA
Certified, Filed, and/or Recorded:
July 09, 2012 1:00 PM
Wendy L. Metcalf, Recorder
1111780
Fee: $46.00
Well Certificate [ ] Rec'd
RECEIVED
MAY 1 8 2012
LAND & RESOURCE
Returned To:
LAND & RESOURCE
By: LLL&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
s:cD.Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date grrtf: / IJi
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LAKE NUMBER 0OOO LAKE NAME Sp i^ -ZjCT
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DAYTIME PHONE
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PROPERTY OWNER
L <3MAILING ADDRESS
LAKE CLASS
I3iSECTION XO TOWNSHIP TOWNSHIP NAMERANGE
i i'Zf"- Li-C-yZ-CE-911
ADDRESS
PARCEL
NUMBER R 3<cOo<^J-oo H tops
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LEGAL DESCRIPTION f^0\zL-----U)(Z- Ca
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback ^ Structure Size____Sewage System Cluster WECS Misc.Subdivision
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Landowner is requesting a variance of 54' for placement of a 12'x24' camping cabin (RCU). The front
of the structure would meet the setbacks on the main part of the lake but the back side of the
structure would be 146' from the OHWL of a back bay of the lake. The hardship/practical difficulty is
the lot is a peninsula surrounded by water on 3 sides and shaped irregularly making placement within
the normal setbacks difficult if not impossible.
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.
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APPLICANT MUST BE PRESENT AT THE HEARMCi A NNED
(Applicant Will Receive Notification As To The Date/Time Of Hearing)^
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
345,194 • Victor Lundeen Co , Printers • Fergus Falls, Minnesota
4-TimeDate Of Hearing i L
Motion
Jim (James) Van Someren - Approved the variance application as requested. (6:35 p.m.)
After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to
approve a variance of 54' from the required ordinary high water level setback of 200’ for the placement of 12’ by 24’ camping
cabin (RCU) 146’ from the ordinary high water level of a back bay of the lake. The hardship/practical difficulty is the unique shape
and terrain of the applicant’s property. The approval of the variance as requested is consistent with past actions of the Board on
this particular lake and will allow the applicant to enjoy the same rights and privileges as others in this immediate area.
—-
anbourity Boar^^Adjustmentairman/Otte
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
bk 072011-001
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MORTGAGE REGISTRY TAX DUE HEREON;i'
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J.D.H.,Tnveatnents, Xnc.THIS CONI'RACT FOR Ul^U is Bwle on Um above data by 1I
nnftgr>fri>
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Sftlllf. ^*4 -An _ilr^d i w i ■^^|A-.taaaa Laa V-aaSowraaf
■uaiiildail^a-halt.latereaL X<? XuaaalLXaherfc .Purehaser (iffaetbaroneormora).
Ttiojr ai.d'^^llt’ Ann Thonf, hunbaad and wife aa Joint tananta.
^ . ^ Seiiar and Purchaaar Aj{r«e to ttic folltwing terma:
and aa
‘ f S'KOPEBTYJ^^RIFnON. SelUr liereay mUo, and Purcliaaer heteby buya. real properly ha
-------— —-----------------County, Minneaota, doacribed aa foUuwa:
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SEE ATTACHED EXHIBIT*V
•ay
*Of**Ita* »dth all hertiditaoienta and appurtenancea bckmgina thtrelo (the Property).
1 TITLE. Sellar warranto that title to the Property ia. on ■ doia at thia contract, subject only to the
CoUowing esrrjnione:
(a) CovaitMita, conditions, rastrictiona, declarations and eaiemenU of eacord, if any,
<b) RaMrvationa of atioeraU or mineral rights by the Stale of Minneaota, if aay;
(c) B'.iilding, xoning and aebdiviaion lawr and regulationa;
jdl The lien of real eetatv taxes and inatallmcnta of special aesitiamenta whidi are payable by
Purchaeer pureuant to paragraph 6 of thia contract; and
te) The following liens or encumbrsncea:
1. saaeBMUitst and reatrictionn o£-'. 3cor&.
2. Contract fot Oaod from Edward A. Blias and Harlan B> Bliaa
to J.D.H. loveataenta, Inc. dated October 9tla 19S6.
9. OEUVERY or DEED AND EVIDENCE OF TITLE. Upon Parebaaer's prompt and fuU parformaaea
of this oentiaet, Selitr shall:fa) Exacade, a^owlsdge and dalivar to Purchaser a BAtXiUlty__iDeed, in
tegonSabie form, conveying marketable title to the Property to PurchMar, aubieet only to tha
iallowing excoplioaa; <*
^ noaa eotoeptiona referred to in paragraph 2(a), (b), (c) and (d> of thia oontmet;
(b) liens, enciimbeancea, adverse claima or other matiaae whidi Purcfaaaer has qeetod,anfltoai
ac permitted to nocrea after tha dato^ tMs oe^act; and
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EXIllBn TO J.D.W. INVESDCHIS* 2NC. - V»N SCMESEN OOHlRACr FOR DEED
Ttist past of Goveziasnt lot 4, Section 20, Township I31M, Range 39W,
Otter Ta!L. County, Minnesota, described as follcwst
OoraiDEincijng at the southwest oomer of said Govemnent lot 4| thence
Nordi 0 degrees 19 minutes 23 seconds West, assined bearing, along
the west line of said Govemnent lot 4 a distaioe of 1346.62 feeti
thence North 35 degrees 36 minutes 45 seconds East a distance of
200.00 feet to the point of beginning; thence South 19 degrees 26
minutes 51 eeooids East a distance of 152.49 feet; thence South 16
degrees 00 minutes 56 seconds East a distance of 81.88 feet) thence
South 38 degrees 04 miiaites 58 seconds East a distance of 200 feet,
more or less, to the shoreline of Spitzer Lakst thence easterly,
northerly, westerly, and southwestexr^y along said cdioreline of spitzer lake a distance of 1047 feel6. more or less, to its intersection with a line vdiich bears North 19 degr^ 28 minutes 51
secctidB West fron tlie point of beginning; thence South 19 degrees
28 minutes 51 seconds East a distance of 24 feet, more or leM, to
the point of beginning.
Sdaject to and together with a 66.00 feet road easement described as
folXowsi
Ccoaancing at the southeast oomer of said Govermmnt Lot 4; thRroe
South 88 degrees 40 minutes 49 eeocnds West alcaig the south line of
said Government lot 4 a distance of 200.00 feet; thence North 0
degrees 07 minutes 11 seconds West a distance of 33.01 feet bo the
point of beginning; thence South 88 degrees 40 minutes 49 seoonds
West a distance of 739.43 feet; thenoe northwesterly along a tangential curve concave tx> the northeast, having a radius of 55.05
feet and a central angle of 57 degrees 10 minutes 28 seconds, a
distance of 54.94 feet; thenoe North 34 degrees 08 minutes 43
seconds west, tangent to said curve, a distance of 85.91 feet;
thenoe northerly along a tangential curve concave to the east, having a radius of 130.26 £e^ and a central angle of 53 degrM 02
minutes 23 seconds, a distance of 120.58 feet; thence North 18
degrees 53 minutes 40 seconds East, tangent to said curve, a distance of 45.65 feet; thence North 13 degrees 35 minutes 44
seoonds West a distance of 205.09 feet; thence North 14 degrees 36
minutes 34 seconds East a distance of 101.12 feet; thence
northwesterly ^dong a tangential curve concave to the southwest,
having a radius of 107.66 feat and a oentral angle of 69 degrees 43
minutes 28 , seoonds, a distance of 131.02 feet; thenoe North 55
degrees 06 minutes 54 seconds West, tangent tx> said curve, a
distance of 124.66 feet; thenoe rvortharly aUong a tangential curve
concave to the northeast, having a radius of 119.29 feet and a oentral angle of 53 degrees 24 minutes 03 seconds, a distance of 111.19 feet; thenoe No^ 1 degree 42 minutes 51 seconds West,
tangent to said curve, a distance of 179.44 feet; thenoe North
40 minutes 46 seoonds East a distance of 158.11
.. f
5 degx
feet; thenoe North 37 degrees 40 minutes 36 seconds East a
distance of 145.95 feet and there terminating.
SCANNED'r
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EXHIBIT ID J.D.W. JHVESDSKTS, DC. - VAN SOCREN GCMBACT FOR DEgO OONt
V
And alsor
That paxt oI said Govemoent Lot 4 lyiiig northerly of said ^itzer Lake and westerly of the %«est line of tte east 750.00 fast d aaid
Govemsent lot 4.V
And also*
An undivided cne^ig^hth interest and a non-exclusive eiseraent for
ingress and egress in and to:
A 66 foot wide roadway in the Section 2Q, Township 131N,
Range 39H, the centerline of which is described
CDonencing at the Southeast oocner of said 0sSiidf of Section 20| thence North O^O?*!!* West, assiwnrt bearing, ali^ the East line of
said of Section 20 a distance of 490.01 feet) thence South
89*52*49" Vtest a distanoe of 1279.12 feet to the centerline of
County Road No. 38, the point of beginning of said oenterlinei
thence North 7*00*06” East a distance of 423.87 feet; thenoe Noocth
11*31*25” East a distanoe of 472.79 feet; thenoe North 9*08*46”
East a distance of 754.23 feet; thence Northeasterly along a tangential curve, concave to the Southeast, having a radius of
569.25 feet, central angle 39*36*36”, a distance of 393.54 feet; thence North 48*45*22” East, tangent to said curve, a distance of
258.25 feet to its intersection with the North line of «aid E^jSW^ of
Section 20, being South 88*40*49" West and 627.88 feet distant fran the
Northeast oomsr thereof, and said centerline there tersdnating, subject to other eawaaonts fox ingress and egress for owners of
other parts of Governnent Lot 4, Section 20, Township 131N, Range
39W, Otter Tall County, Minneeota.
All in acocMpdance with a survey by Thanas P. Thiesaen, BZ£ No. 16097,
dated August 25, 1986 and revised Sept«riaear 17, 1986.
follows:
;
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SCANNED
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, July 5, 2012
The Otter Tail County Board of Adjustment met Thursday, July 5, 2012, with the following persons in attendance:
Paul Larson
Steve Schierer
Mark Penning, Land and Resource Management
David Hauser, County Attorney
Rod Boyer
Randall Mann
Thomas Lee
Called to Order - Randall Mann, 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 June 7, 2012 meeting as mailed.
The Board of Adjustment considered the foilowing applications for variance:
Timothy R. Posch - Approved the variance application as requested with conditions. (6:32 p.m.)
Timothy R. Posch, part of the Southeast Quarter, Section 21 of Hobart Township by Rose Lake, requested a variance
from the subdivision controls ordinance to allow sale of a 5 acre parcel from Timothy R. Posch to James D. Jensen,
including a 36’ by 26’ partially completed garage on the parcel, without platting, and as a substandard nonresidential
lot which would be permanently attached to the existing lake lot, T4 owned by James D. Jensen. The 5 acre parcel is
predominantly wetland and contains approximately 9,300 square feet (0.27 acres) of dry land suitable for
nonresidential outbuildings or septic drain fields, taking into consideration the 20’ construction setback from the road
easement. Posch will retain 23.82 acres. The proposed 5 acre parcel will be permanently attached to parcel number
R 32-000-21-0154-006. James D. Jensen, the proposed purchaser of the property appeared with the applicant. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to approve a
variance from the subdivision controls ordinance to permit the sale of a 5 acre nonresidential parcel, which currently
includes a 36’ by 26’ partially completed garage, from Timothy R. Posch to James D. Jensen with the condition that
this 5 acre parcel must be permanently attached to the lake lot identified as Lot T4 on the drawing submitted with the
application and with the condition that a registered surveyor’s drawing must be presented at the time of conveyance.
Jim (James) Van Someren - Approved the variance application as requested. (6:35 p.m.)
Jim (James) Van Someren, part of Government Lot 4, Section 20 of Leaf Mountain Township by Spitzer Lake,
requested a variance of 54’ for the placement of a 12’ by 24’ camping cabin (RCU). The front of the structure would
meet the setbacks on the main part of the lake but the back side of the structure would be 146’ from the ordinary high
water level of a back bay of the lake. The hardship/practical difficulty is the lot is a peninsula surrounded by water on
three sides and shaped irregularly making placement within the normal setbacks difficult if not impossible. The
audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance
of 54’ from the required ordinary high water level setback of 200’ for the placement of 12’ by 24’ camping cabin (RCU)
146’ from the ordinary high water level of a back bay of the lake. The hardship/practical difficulty is the unique shape
and terrain of the applicant’s property. The approval of the variance as requested is consistent with past actions of
the Board on this particular lake and will allow the applicant to enjoy the same rights and privileges as others in thisimmediate area OCANNED
Timothy C. Neitzke - Approved the variance application as requested. (6:37 p.m.)
Timothy C. Neitzke, part of Lot 16 and all of Lot 17 Block 1 Lenius Beach First Addition, Little McDonald Lake in Edna
Township, requested a variance of 7’ from the required drain field setback of 20’ for a proposed addition located 13’
from the drain field. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to
approve a variance of 7' from the required drain field setback of 20’ for the placement of 8’ by 10’ addition 13’ from the
drain field. The practical difficulty is an oversight by the office, which resulted in the issuance of a permit. The Board
noted that the applicant did make a reasonable attempt to comply with the provision of the ordinance.
RECc/VED
may 1 8 20J2
land & RESOURCE
Landowner is requesting a variance of 54' for placement of a 12'x24' camping cabin (RCU). The front
of the structure would meet the setbacks on the main part of the lake but the back side of the
structure would be 146' from the OHWL of a back bay of the lake. The hardship/practical difficulty is
the lot is a peninsula surrounded by water on 3 sides and shaped irregularly making placement within
the normal setbacks difficult if not impossible.
Variance Description:
Variance Request Notes:
Please see attached drawing of the proposed placement of RCU (Exhibit A).
We had a pre- application site inspection completed by Scott of Shoreland Management.
Please see his attached sketch and notes (Exhibit B.). All stakes are in place - stakes with
yellow flags is where we want to place the cabin. The other stakes were placed by Scott and
show his measurements which are indicated on both drawings.
In a phone conversation with Scott he stated the best place for the RCU is the spot we staked
out. It is level and would require little or no excavation.
Scott also noted that the only spot that might meet all setbacks is the area to the left of the
freestanding deck which is on a steep slope of the hill. Placement of a structure in this area
would be difficult at best (requiring extensive grading, fill or excavation) and may be
impossible.
The variance we are requesting is well outside the Shore Impact Zone (SIZ) and on the high
level part of the lot.
The variance we are requesting is further away from the main lake and will probably not even
be visible from the main lake.
The back side of the structure which will be closer to the lake per the variance request is
screened from view by a steep hill and 146' of thick woods.
Although Lake Spitzer is a natural environment lake, the majority of the development on the
lake is much closer than the 200'setback requirement including a bible camp, hunt and fish
club, and a narrow peninsula (much narrower than this peninsula) that have many structures
or campers that are located within the SIZ.
This request will actually move our structure further away from the main part of the lake - the
back bay of the lake which the RCU will be closer to is shallow, weedy, and almost unusable by
boaters and fisherman.
The existing camper (site permit obtained when placed many years ago) will be removed
before placement of the new RCU.
Granting this variance will provide us with reasonable use of the property. We would like this
request to also cover the building of a permanent cabin with plumbing sometime in the
future.
Signed Date
Jim Van Someren
SCANNED
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Ppe-^ppliGatipm Site linspeetion^ inquest
Lake/River Class Twp NameLake / River No Lake / River Name Section
R ^^<=1 ei - __________
5(oC^b<^0 Spj-f'i 2^Ne
Property (E-911) AddressParcel(s) No.
l>(oOC>ox <^o iHi /\/^/v/<2_
Property Owner Information;
-Xzn^ ^C(C- gre E-r A{Name(s):
^ <3 GO *7 ZlAddress:
e r<^4-Va, /y] M . ^3 3 ~7
y(=5-H7Daytime Phone;
Type of Request:
Bluff:Determination Stake, Setback Verify Setback i
QHWL;y Verify SetbackDeterminationStake Setback
>■'. ■Stringtest;*-L.Determination
Non-Conforming Repair or Replacement Structure;
Miscellaneous:________________
Describe Request: SCc. A~TVa.cUgcy{ L<r.A^rz^^
Confirm Consistency With Existing Structure
L Pr’\j[k. dnsILX/
A scale drawing must accompany Pre-Application Site Inspection Request
& request must be staked onsite
n.cuiziVGUProperty Owner Date
WAR 2 2 2012 /V6:?7/^Received By:
Receipt NumberDateFee
INSPECTION, COMPLETED (Inspectidn must be done within 10 days of receipt):.
Date Onsite Date Prbperty Ov/ner Notifie«f Inspector
(Inspector must;provide site drawing or field notes on other side.)
mbowman Application & Forms Pre-Application Site Insp Request Form 03/01/2012
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduied hearing.
To Whom it May Concern:
Jim (James) Van Someren
6000 76*^ Lane
Loretto, MN 55357
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, July 5, 2012 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 4,
Property Address - None - Closest address (2 lots down) 41845 Spitzer Lake Circle
Note - we are located up the road about 400’ northeast of the above address where the road ends.
Section 20, Township 131, Range 39 - Township Name - Leaf Mountain
Lake No. 56-160, Lake Name - Spitzer, Class - NE
The variance requested is -
a variance of 54’ for the placement of a 12’ by 24’ camping cabin (RCU). The front of the structure would meet the
setbacks on the main part of the lake but the back side of the structure would be 146’ from the ordinary high water level of
a back bay of the lake. The hardship/practical difficulty is the lot is a peninsula surrounded by water on three sides and
shaped irregularly making placement within the normal setbacks difficult if not impossible.
Wayne Stein
Board of Adjustment Secretary
Date: June 14, 2012
SCANNED
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 15th, day of June, 2012 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
James Lee Van Someren et al, 6000 76*'’ LN, Loretto, MN 55357 8706
Charles Klimek, Twp Clerk of Leaf MT, 13420 455*'’ Ave, Vining, MN 56588
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 Aadiand, DNR Eco & Water Resources, 1509 1®* 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
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Rod Boyer, 51127 E Wymer Lake Rd, Frazee, MN 56544
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: June 15th, 2012
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
SCANNED
r
KIP M ERICKSONDORIS BAILEY
8430 PENNSYLVANIA RD APT 302
BLOOMINGTON MN 55437 2714
DAVID R & ROSETTA ANDREE
41845 SPITZER LAKE CIR
CLITHERALLMN 56524 9569 PO BOX 142
AITKIN MN 56431 0142
RUSSELL N & DIANNE L GRAY
6820 CHESSIRE LN
MAPLE GROVE MN 55369 3427
KATHLEEN GREEN
203 ROSS PL N APT 203
WALKER MN 56484 2688
KIP M ERICKSON
PO BOX 142
AITKIN MN 56431 142
CYRIL E JR & PAMELA K KERBER
8743 VALLEY VIEW PL
CHANHASSENMN 55317 8421
MARLYS J MADSEN
26472 STATE HIGHWAY 78
BATTLE LAKE MN 56515 9147
JACK L & PAMELA HOMMEN
3619 10TH STS
FARGO ND 58104 6203
JOSEPH STOI
168 GREENWAY AVE N
SAINT PAUL MN 55128 6909
JOSEPH A & LILY D RUMPCA
1670 STERLING STS
MAPLEWOOD MN 55119 6104
MOWERY BROTHERS PRTNRSHP
621 FIRESIDE DR
CEDAR FALLS lA 50613 2039
CYNTHIA D TRAVIS & PAT REITSMA
1832 GARFIELD ST NE
MINNEAPOLIS MN 55418 4730
JAMES LEE VAN SOMEREN ET AL
6000 76TH LN
LORETTOMN 55357 8706
EDWARD F & MERRY JO STROOT
3090 SNELLING AVE N
ROSEVILLE MN 551131659
DANIEL G & RITA M WOESTE
703 MAIN ST W
MELROSE MN 56352 1001
SCANNED