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Home My WebLink About07000100061002_Variances_04-11-20020'^\u\?-c3:i2_ ■4 901888 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #901888 was filed/recorded in this office for record on the I ^ day of x ____Ltpl 2002 at g >/5(amVm Wend^ L.'\^etcalf, Cpunty Recor^r recording fee well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK*** Application Fee $150.00 Receipt Number PROPERTY OWNER Christine Peeters DAYTIME PHONE 218-385-3180 50626 County Highway 67. New York Mills. MN 56567ADDRESS S(fi LAKE CLASSLAKE NAMELAKE NUMBER SECTION 10 TOWNSHIP 137 RANGE 37 TOWNSHIP NAME Butler PARCEL NUMBER R07 000100061002 FIRE/LAKE I.D. NUMBER SoGg-Co Co f4wY 4>T LEGAL DESCRIPTION PART NWl/4 NWl/4 LYING NLY OF LN BG NW COR OF NWl/4 S 1300' E & 16 DEG N 1600' S & 21 DEG E 1000ON E LN OF NWl/4 500 COR & TERM E & 30 DEG S TO POINT N OF SE TYPE OF VARIANCE REQUESTED (Please Check) Sewage System____ Subdivision X Cluster Misc.Structure SizeStructure Setback SPECIFY VARIANCE REQUESTED Applicant requests a variance to subdivide and sell the above described tract of approximately 2.6 acres. A variance is required because a portion of the proposed subdivided tract lies within 300 feet of the Redeye River. The tract adjoins and has an existing access from County Highway 67, has room for two standard onsite sewage treatment systems and is described as a rectangular portion of the government rectangular survey system. ! ;■ ‘ . 0 C ^SCAHHED I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. March 5, 2002 ! 1 DATESIGNATURE OF PROPERTY OWNER Quai One Hvi uare APPLICANT MUST BE PRESENT AT THE HEARING MAR - 6 7<m(Applicant Will Receive Notification As To The Date/Time Of Hearing) ’5 <£&C * o - O'uO l^i -00 V 6S - Date Of Hearing //7- c^d;Time Motion Christine Peeters - Approved with conditions. (7:30 p.m.) Motion was made by Cecil Femling, second by Steve Schierer and carried with Mark Steuart voting no, to approve the proposed subdivision with the condition that a register surveyor’s drawing must be provided at the time of conveyance and with the condition that all future subdivision of the remaining parcel must either be a least 5 acres or done through the platting process. Hardship is the CRP property and providing access to both parcels. Chairman/Otter Tail County §oard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) Copy of Application Mailed to Applicant And the MN DNR LR Official/Date bk 0501-001 305.391 * Victor Lundeen Cc.. Printers, Fergus Falls, MN « 1-600-346-4870 rf'-i.’ <■April 11,2002 ' Page,# 3 fV Marcia Munson - Approved with condition. (6:54 p.m.) Marcia Munson, Mankato, MN, requested a variance of 60’ from the required ordinary high \water level setback of 100', a variance of 10’ from the required shore jmpact zone setback of 50’ and a variance of 13’ from the required road right-of-way setback of .20’ for a second floor addition 40’ from the ordinary high water level, and 7’ from the road right-of-way. Also requesting a variance of'8% from the maximum allowable impervious surface coverage of 25% for existing impervious surface.coverage of 33%. The property is described as Lot 6, Block 2, Engstrom Beach, Big McDonald Lake in Edna Township..Bob Schmidt, Contractor, represented the applicant at the public hearing. The audience was not polled as their was no one in the audience at the time of this hearing. After consideration, motion was made by Steve Schierer, second by Cecil Femling and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 100’, a variance of 10’ from the required shore impact zone setback of 50’ and a variance of 13’ from the required-road right-of-way setback of 20’ for a second floor addition 40’ from the ordinary high.vyater level and 7’ from the road right-of-way with the condition that no more than 25% of the total lot area can be covered,with impervious surfaces after completion of the proposed project. Recess from 7:07 p.m. until 7:30 p.m. Christine Peeters - Approved with conditions. (7:30 p.m.) Christine Peeters, New York Mills, MN, requested a variance to subdivide a 2.6-acre parcel from'an existing 34.90-acre parcel. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres. The property is described as part of the Northwest Quarter of the Northwest Quarter, Section 10 of Butler Township by the Red Eye River. John and Tony Peeters represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Cecil Femling, second by Steve Schierer and carried with Mark Steuart voting no, to approve the proposed subdivision with the condition that a register surveyor’s,drawing must be provided at the time of conveyance and with the condition that all future subdivision of the remaining parcel must either be .a least, 5 acres or done through the platting process. Hardship is .the CRP property and providing access to both parcels. Robert H. and Sharon A. Vipond - Approved with condition. (7:42 p.m;) Robert H. and Sharon A. Vipond, Battle Lake, MN, requested a variance of 40’ from the required ordinary high water level setback of 100’ for the construction of a 16’ by 20’ addition 60’ from the ordinary high water level. It should be noted that half of the proposed addition will be behind the string line and half will be ahead of the string line. The property is described as Lot 23, Madison Beach, Clitherall Lake in Clitherall Township. The audience was polled with no one.speaking for of against the request. After consideration, motion was made by Cecil Femling, second by Steve Schierer and unanimously carried, to approve a variance of 40’ from the required ordinary, high.water.level setback of 100’ for the construction of a 16’ by 20’ addition 60’ from the ordinary high water level with the condition that no more than 25% of the total lot area can be covered with imperious surfaces. It was noted that the proposed addition would not obstruct the view from the neighboring properties as the existing house is already ahead of the string line and the existing house hides the proposed addition. . _ April 11,2002 Page # 4 Delores Iserman - Approved as requested. (7:50 p.m.) Delores Iserman, Lisbon, ND, requested a variance to convey a portion of our lake lot to David W. and Claudia J. Souba, our neighbors to the South. The Souba lot is a small lot that sits at an angle to the lake and the deck and garage on the Souba property \were mistakenly constructed in a way that encroaches upon our property. We intend to convey Parcel B, as identified on the surveyor’s drawing on file with the County Auditor’s office, to Scubas for permanent attachment to their property. In the process, the front footage of the Souba property would be increased from approximately 76’ to approximately 116’ and the square footage of their.property would be increase from approximately 17,500 square feet to approximately 22,100 square feet. At the same time, the front footage of our property will be reduced from approximately 206’ to approximately 166’, and our square footage will be reduced from approximately 38,100 square feet to approximately 33,500 square feet. The property is described as Lot 1, First Addition to Birch Grove, Franklin Lake in Dunn Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Bert Olson and unanimously carried, to approve the proposed subdivision as detailed in the application and as depicted on the certificate of survey submitted with the application. It was noted that the granting of this variance would clear up a property line issue. It was also noted that both properties are substandard lots of record and that neither property is negatively affected by this proposed subdivision. Patrick L. and Florence H. Moriarty - Denied (7:57 p.m.) Patrick L and Florence H. Moriarty, Richville, MN, requested a variance of 94’ from the required ordinary high water level setback of 200’ for the placement of a dwelling 106' from the ordinary high water level and 5’ ahead of the string line. It should be noted that only the west corner of the proposed structure would be ahead of the string line. The property is described as Lot 3, DeShane Beach, Dead Lake in Dead Lake Township. A letter from Barry Tanner in support of the variance as requested was read for the record. The applicants noted the following changes for the record: requesting a variance of 90’ from the required ordinary high water level setback of 200’ for the placement of the northwest corner of a proposed dwelling 110’ from the ordinary high water level, which would be 15’ ahead of the string line. The applicants also noted that the Northeast corner of the proposed dwelling is 105’ from the ordinary high water level, but that it is behind the string line. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Cecil Femling and carried with Steve Schierer, Paul Larson and Randall Mann voting no, to deny the variance as requested as there is adequate room to move the proposed structure back to a location which would be behind the string line. Those voting against the motion to deny noted that the applicants’ proposal placed the new structure significantly further from the lake than the existing mobile home. Darlene Kalenda - Denied - Compliance Date Changed to September 30, 2002. (8:20 p.m.) Darlene Kalenda, St. Francis, MN, requested the removal of the condition which was placed on the December 13, 2001 variance approval and a variance of 113’ from the required ordinary high water level setback of 200’ for the placement of a new roof on structure “E”, as identified on the applicant’s drawing, which is located 87’ from the ordinary high water level. It should be noted that on December 13, 2001 a variance was approved for the construction of a 30’ by 48' storage structure with the condition that the existing machine shed, identified as structure “E” on the applicant’ drawing must be removed on or before June 1, 2002. The property is described as part of Government Lot 12, Section 18 of Parkers Prairie Township by Nelson Lake. Don Beltram also appeared along with the applicant. A letter from Lloyd and Beverly Paulson in support of the applicant’s request was read for the record. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Steve Schierer, second by Mark Steuart and carried with Bert Olson abstaining, to deny the variance as requested, but to allow the applicant until September 30, 2002 for the removal of the structure identified as structure “E” on the applicant’s drawing. It was noted that within the original application the applicant stated that structure “E” would be removed if the previously approved variance request was granted and the removal of structure “E” was an important factor relative to the decision to grant the variance which was approved on December 13, 2001. I I 2 00Jr,n feetjnch(es) equalsfeet, or.grid(s) equals, Scale: ^ Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and aii imper vious surface. Required impervious surface coverage caicuiation (See definition in Shoreland Management Ordinance) %X 100 = Total Impervious Surface Onsite (FT2) Total Lot Area (FT2) t f\ \ I ys'co /I \ I 'iI II30b I I i TO i 1 /3^0 I oI <u I I MAR - 6 2002(I A '{jjpAfu 1 X DatedSignature BK —0500 — 029 300.816 * Victor Lundeer^ Co. Prirmrs • Fergus Falls, MN • 1-800-346*4870 Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218)739-2271 Ext. 240 Email - wstein@co.ottertail.mn.us www.co.otter-taiI.mn.us Applicant must be present at the scheduled hearing. To Whom It May Concern: Christine Peeters 50626 County Highway 67 New York Mills, MN 56567 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 11, 2002, at 7:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 the Northwest Quarter of the Northwest Quarter, E911 Address - 50626 County Highway 67 Section 10, Township 137, Range 37 - Township Name - Butler River No. 56-RR, River Name - Red Eye, Class - AG The variance requested is: a variance to subdivide a 2.6-acre parcel from an existing 34.90-acre parcel. The minimum size required for metes and bounds parcels within the shoreland area is 5 acres. Wayne/Ste4/V\/ Board of Adjustment Secretary Date: March 15, 2002 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 18th, day of March, 2002 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Peter and Christine A. Peeters, 50626 County Highway 67, New York Mills, MN 56567-9409 Janice Huwe, Twp Clerk of Butler, 57448 County Highway 8, New York Mills, Mn 56567 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Bert Olson, 501 North Shore Dr., Battle Lake, MN 56515 Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725 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: March 18th, 2002 Wayne Stein, Secretary Otter Tail County Board of Adjustment By:Vi Manderud ' r ¥'Jl RAY H d MARY K i;C'KX 5t.«22 53’3TH AVE MEW YORK MILLS, MM 565G7-04t(;i CHARLES G RUTTEH 1702 AIRPORT RD ti>222 STAPLES, KM SG47'5-3347 PETER &■ CHRIST I ME A PEETERS. 50S2S COUf4TY HIGHWAY S7 MEW YORK MILLS, MM 5&567-940'3 I . Print Key Output Page 1 03/06/02 10:16:475722SS1 V5R1M0 010525 OTTER Display Device User ....QPADEV0014JTHOMPSO TC906D 10 T56 ACS Tax System Bill No. Parcel No. R 07000100061002 Inquiry Taxpayer/Legal Info PETER & CHRISTINE A PEETERS NEW YORK MILLS MN 56567 NameR 02003 Tax CodesTwn/Sch 0007 0553 Spec Dist User Codes TIE District perty Address 50626 CO HWY 67 NEW YORK MILLS District Code 702 Taxpayer PETER & CHRISTINE A PEETERS 50626 COUNTY HIGHWAY 67 NEW YORK MILLS MN 40685 56567-9409 Pro 56567 AlternateLegal Description Sect/Twn/Range 10 PlatLot/Block 137 037 DeededPART NWl/4 NWl/4 LYING NLY OF LN BG NW COR OF NWl/4 S 1300' E & 16 DEG N 1600' S & 21 DEG E 1000' E & 30 DEG S TO POINT ON E LN OF NWl/4 500' N OF SE NO BILL # ASSIGNED Escrow34.90 AC Other CHRISTINE A PEETERS49371 OWNER More Legal? Y More Addresses? YMod? Action? Svingen, Athens, Russell, Hagstrom, Haugrud, Karkela & Cline PLLP R. Kristian Svingen * Roberj L., Russell ♦ Dennis W. Hagstrom A Allen Haugrud Terry A Karkela * JJ. Cline Offices in: Attorneys & Counselors at Law Fergus Falls Perham Battle Lake Weekly Office Hours in:Associates David J. Eilertson Ryan E. Ries March 5, 2002 Dalton Underwood Of Counsel: Thomas C. Athens t* Land & Resource Management Otter Tail County Courthouse 121 W Junius Suite 130 Fergus Falls MN 56537 RE: Christine Peeters Enclosed are an Application for Variance together with scaled drawing in the above entitled matter. Also enclosed is Ms. Peeters’ check in the amount of $150.00 for the application fee. Please schedule for the March hearing. If you have any questions, 0ease let me know. Very truly yoi^ Terry A. Karkela tm Enc. WAR - 6 2002 Also admitted lo practice in ND t Civil Trial Specialist Certified by the Minne.soia State Bar Association Qualified ADR Neutral Civil Mediation/Arbitralion * Real Properly Law Specialist Certified by the Minnesota State Bar Association A Qualified ADR Neutral Civil & Family Mediation/Arbitration 450 West Main • P.O. Box 160 • Perham. MN 56573 218-346-4995 -Fax: 218-346-4405