HomeMy WebLinkAbout08000160105000_Variances_10-11-2018SCANHED
Date Stamp
1213282
i»i^£CBVtU
SEP 1 7 2018
o4.«l^^D^F!E900!»C■
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
10/16/2018 11:20 AM
FEE; 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
'03
Ml.L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.co.Qtter-tail.mn.usOTTCR TRIl
Application Fee
Receipt Number
DateAccepted by
Property Owner
Name
Address
fy\ooLh(=fi.n
/Yj t( (gG
City
(MState
Zip
Daytime
Phone '7Ci-JL\A-S70'J
drioUKen fe ilet-Email
Parcel Information
1—E-e.K / /Lake ClassLake No Lake Name
o$i:> OO !l,£> mSocoParcel Number(s)
Parcel Number(s)
Cl Section | /^ow/nship Name
Legal Description
Sect-16Twp-137 Rmge-041
PT GL 4 COM NW COR OL 4, E
427.26', S 90.99' TO PT BG,
_______________S 180.14'. E 299' TO LK. NELY _______________________________________
LflEK LAKB- /Y)HPhysical Address
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback u structure Size SubdivisionSewage System
I IOusterWECS Miscellaneous
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
On May 10, 2018 the Board of Adjustment approved our request to remove the existing cabin and
replace with a 40'x44' cabin with a 10'x40' deck and a 24'x30' Attached Garage being 75' from the
OHWL. Upon further review of our plans and site the proposed deck will be 65' from the OHWL instead of
75' from OHWL. Requesting a 35' Variance from the OHWL. Required setback is 100'. Please note that
the cabin will be 75' from the OHWL as previously approved on May 10, 2018.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTAa LAND & RESOURCE
MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
Date of Hearing /O - iSr Time
Motion
Corrine M. Nokken - Variance application approved as requested. (6:58 p.m.)
After discussion and consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and
unanimously carried, to approve a variance of 35’ from the required ordinary high-water level setback of 100’ for
the placement of the development as proposed in the variance application dated September 17, 2018 and as depicted
on the drawing submitted with the variance application 65’ from the ordinary high-water level. The variance as
approved does not directly or indirectly grant any other variances for proposed or future development. It was noted
that the proposed development is significantly further back than the existing structure.
Chairman/Otter Tail County Board of Adjustment
Permlt(s) required from Land & Resource Management (Yep No
Note: If Yes, contact Land & Resource Management
Ibjisjik
L&R Official/Dat?
Copy of Application mailed to Applicant, County Assessor and MN DNR
2
'4 r-S'2'09
No delinquent taxes and transfer entered; Certificate of .
Real Estate Value ( ) filed (Certificate of Real Estate Value No. 078148
/5 ^<XB
(Year)
OFFICE OF REGISTRAR OF TITLES
OTTER TAIL COU^^Document Mumhar .S yT) )
Certificate Numhar 1 1
This fe to certify that the within instru
was filed In this office on the day of jA.D.<£&tlIm o-clodTZHL M.iind
liLofTilttes
) not required.
nt
Wayne Stein, County Auditor age_ZUdutya!\iegiSarofTWeabyDeputyOZOOOI(pOI05oOO Deputy
WARRANTY DEED
STATE DEED TAX DUE HEREON: $
Date: ^,, 2005
FOR VALUABLE CONSIDERATION, the Grantors, Allen H. Sather and Genelle M.
Sather, husband and wife, each in his and her own right and as spouse of the other,
hereby convey and warrant to the Grantee, Corrine Nokken, real property in Otter Tail
County, Minnesota, described as follows:
See legal description attached hereto.COUNTY OF OTTEfl TAIL
STATE OF MINN^OTA DEEDTAXg LjVi Qfi
TORRENS nsDA
Together with all hereditaments and appurtenances belonging thereto; subject to the
following exceptions: Easements, restrictions, and reservations of record, if any.
The Grantor(s) certify that the status and number of well(s) on the described real estate
has not changed since the last previously filed Well Disclosure Certificate.
Allen H. Sather
Genelle M. Sather
}
STATE OF 'I
COUNTY OF .) ss.
1, the undersigned Notary Public in and for said State, do hereby certify that Allen
H. Sather and Genelle M. Sather, husband and wife, each in his and her own right
and as spouse of the other, personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that they signed, sealed and delivered said instrument as their free and
voluntary act, for the uses and purposes therein set forth, including the release and waiver
of the right of homestead.
Given under my hand and Notarial seal this day of . 2005.
_,Notary Public ^
My commission expires:
HANAN S. ABDELRAHMANNotary Public Minnesota
My Commission Expires Jan. 31,2008 Mail tax statements to:
Corrine Nokken
7371 3^^* Street
Moorhead, MN 56560
m
This document prepared by:
Minnesota Title & Closing Company.
714 Lake Avenue, Suite 103
Detroit Lakes, MN 56501
Telephone: (218) 847-1297
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Parcel 2 That part of Covemmeht Lot 4, Sectioo 16, Town^ip 137 North, Range 41
West, Otter Tail County, Minnesota described as follows: Conunenciog at the Northwest
comer of said Covenunent Lot 4; thence South 89*12'3Q' East (Assotncd Bearing) along
the North Line of said Government Lot 4 a distance of 427.26 feet; thence South -
04’32'23* West a distance of 90.99 feet to the point of beginning; thence continuing
South 04*32'23' West a distance of 80.08 feet; thence South 89*18*41* East a distance
of 300 feet more or less to the shoreline of Leek Lake; thence Northeasteiiy along said
shoreline a distance of 84 feet more or less to its inteneaion with a line that bears South
89*15*01’ East from the point of beginning; thence North 89*15*01* west a distance of
-321 feet more or less to the point of beginning. Containing 24.677 Square Feet More
or Less.
!
Together with Easements for Utility, Ingress and Egress purposes, said Easements are
hereinafter described as Easements A and B.
Easement A A 33.00 foot Easement for Utility, Ingress and Egress purposes over and
across part of Goveniment Lot 4 of Section 16, Township 137 North, Range 41 West and
part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 137
North, Range 41 West, Oner Tail County, Minnesota. The centerline of said Easement
is described as follows: Commencing at the Northwest comer of said Section 16; thence
South 89*12*30’ East (Assumed Beating) along the North line of said Section 16 a
distance of 506.42 feet; thence South 00*47*30’ West a dinance of 444.97 feet; thence
North 89*52*21 * West a distance of 108.40 feet; thence South 01 *41 '42* West a distance
of 84.03. feet to the poiitt of beginning of said centerline, said point is hereinafter
referred to as Point A; thence North 58’07*22' West a distance of 13.70 feet; thence
northwesterly along a tangential eurve concave to the northeast a distance of 144.59 feet,
said curve having a central angle of 39*20*26’ and a Radius of 210.58 feet; thence North
18*46*56’ West tangent to the last described curve a distance ,of 40,00 feet; thence
northwesterly along a tangential curve concave to the southwest a distance of 167.40 feet
to a poiot hereinafter referred to as Point B, said curve having a central angle of
74*43*32* and a Radius of 128.35 feet; thence South 86*29*32* West a distance of
105.46 feet; thence North 86*14*14* West to the centerline of sn existing Public'Road
and said centerline there terminating. Also including a 33.00 foot strip, the centerline
of which is described as follows; Beginning at the afore described Point A; thence South
58*07*22’ East a distance of 27.43 feet; thence South 67*07*54’ East a distance.of 60.63
feet; thence southeasteriy along a tangential curve concave to the southwest a distance
of 28.03 feci to the South Line of the Public Access and said centerline terminating, said . .
curve having a central angle of 20*48*04’ and a Radius of 77.20 feet. The sidelines of
said Easement are to be lengthened or shortened to terminate on the South Line of the
Public Access and the easterly Right of Way Line of the Public Road.
Easement B A.33.00 foot Easement for Uliliiy, Ingress and Egress purposes over and across part of Oovemmem Lot 4 of Section 16, Township 137 North. R^ge 41 West.
Otter Tail County, Minnesou. *The centerltoe of said Easement is described as follows:
Beginning at the afore described Point B of which is described in Easemeot A; thence
northeasterly along a eurve concave to the northwest a distance of 92.47 feet, said curve
having a central angle of 81°50’04”, a Radius of 64.74 feet and a Chord Bearing of
North 45*34*37* East; thence North 04'39*28’ East tangeoi to tbe lasi described curve
a distance of 119.43 feet; thence northeasterly along a tangential curve concave to the
southeast a distance of 136.43 feet, said curve having a central angle of 81*10*46’ and
a Radius of 96,29 feet; thence North 85*50*18* East tangent to the last described curve
a distance of 120.08 feet sod said centerline there tertninating. The sidelines of said
Easemeot are to be lengihened or shorteoed to terminate on the northerly line of the afore
described Easement A and the North Line of said Government Lot 4.
subject, however: ■ _
To the proprietary and sovereign rights of the Slate of Minnesota in all that
portion of the land lying below the natural ordinary high watermark thereof: not
intending, however, to deprive the fee owners of the usual riparian rights that attach to
the land riparian to a navigable public body of water inddem to the ownership thereof.
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Pmeel 3 That pm of Oovenonent lax 4, Sectioo 16, Tawmhip 137 North, Range 41
Wea^ Otter Tan County, Mlnneiotn described ufbDows; Coinnigicing as the Northwest
comer of s^d Ooverament Lot 4; thence Sooth 69'’12’30* East (Assusied Bearing) along
the North Line of said Government Lot 4 a distance of 427.26 feet; thence South
04*32*23' West a distance of 171.07 feet to the point of beginning; thence eontiiniing
South 04*32*23* West a distance of 144.06 feet; thence South 89*23*48* East a distance
of 299 feet mote or less to the ahoteline of Leek Lake; thence Notthcriy along said .
shoreline a distance of 144 feet more or lest to its intersection with a line that beats
South 89*18*41* East from the point of beginning; thence North 89*18*41* west a
distance of 300 feet mote or less to the point of beginning. Containing 43,000 Square
Feet More or Lesa» Excepc the South 44 feet.
Together with Easements for Utility, Ingress and Egress putposa, said Easements ate
hereinafter described as Easements A and B.
Easemern A A 33.00 foot Easement for Utility, Ingress and Egtesa purposes over and actors pan of Oovemment Lot 4 of Section 16, Township 137 North, Ran^ 41 West and '
pan of the Northeast Quarter of the Northeast Quaner of Section 17, Township 137 <
' North, Range 41 West, Otter Tail County, Minnesota. The centerUne of said Easement
is described as follows; Commencing at the Northwest comer of said Section 16; thence
South 89*12*30* East (Assumed Bearing) along the North Line of said Section 16 a distance of 306.42 feet; thence South 00*47*30’ West a distance of 4^.97 feet; thence
, North 89*52*21* West a distance of 108.40 feet; thence SouOi 01*41*42* West a distance
of 84.03 feet to the point of begitming of said centeriine, s^d point is hereinafter '
referred to as Point A; thence North 38*07*22* West a distance of 13.70 feet; thence
northwesterly along a tangential curve concave to the northeast a distance of 144.39 feet,
said curve having a central angle of 39*20*26* and a Radius of 210,38 feet; thence Notth
18*46*36* West tangent to the last described curve a distance of 40.00 feet; thence
northwmeriy along a tangential curve concave to the southwest a distance of 167.40 feet
to a point bereinafter referred to as Point B, said curve having a eemral angle of
74*43*32* and a Radius of 128.35 feet; thence South 86*29*32* West a distance of ’
105.46 feet; thence North 86*14*14' West to the centerline of an existing Public Road '
and said centerline there terminating. Also including a 33.00 loot strip, the centerline
of which is described as follows: Begiiudng at the afore described Point A; thence South '
38°07’22* East a distance of27.43 feet; thence South 67*07*34* East a distance of60.63 '
feet; thence southeasterly along a tangential enrve concave to the southwest a distance
of 28.03 feet to the South Line of the Public Access and said eenterline leiminating, said
curve having a central angle of 20*48*04* and a Radius of 77.20 fecL The lidelines of
said Easement are to he lengthened or shortened to lerminate on the South Use of the '
Public Access and the easterly Right of Way Line of the Public Road.
Easement B A 33.00 foot Easement for Utility, Ingress aiul Egress purposes over and
across part of Oovemment Lot 4 of Seoion 16, Township 137 North, Range 41 West,
Otter Tall County, Minnesota. The centerline of said Earaent is described as fallows;
Beginning tt the afore described Point B of which is deseribed in Easement A; thence <
northeasterly along a curve concave to the northwest a <ti«ning« of 92.47 feet, said curve
having a central angle of 81*30*04’, a Radius of 64.74 feet and a Chord Bearing of < North 43*3^37* East; thence Notth 04*39*28* East tangent to the last described curve
a distance of'119.43 fm; thence northeasterly along a tangendsl eurve concave to the'
southeast a distance of 136.43 fM, said curve having a central angle of 81*10*46’ and '
a Radius of 96.29 feet; thence North 83*30*18* East tangent to the last described curve
a distance of 120.08 feet and said .cmterline there tennlnating. The sidelines of said . Easement are to be lengthened or shortened to terminite on the northerly line of the afore
described Easemeot A and the Notth Line of said Oovenunem Lot 4.
subject, however: .
To the proprleiaiy and sovereign rights of the State of Minnesota in all tbat
portion of the land lying below the natural ordinary high watennarfc thereof, not
intending, however, to deprive the fee owners of the usual riparian rights that attach to ‘
the laud riparian to a navigable public body of water incident to the ownership thereof.
Arlene Neu - Approve the variance for the addition and denied the variances for the proposed garage with a condition. (6:48 p.m.)
Arlene Neu, Lots 14 and 15 First Addition to Klein and Adams Point, Dead Lake in Dead Lake Township, requested the
following: Proposing to construct a 20’ by 22’ addition to dwelling being 48’ from ordinaiy high-water level. Required setback
is 75’, requesting a 27’ variance from ordinary high-water level. Proposing to construct a 20’ by 28’ detached garage. The
detached garage meets the building line setback which was verified by Land and Resource Management. Need to request a
variance for the detached garage being 5’ from the lot line at the closest point and 15’ from the road right-of-way at the closest
point. Required setback from lot line is 10’ and required setback from road right-of-way is 20’. The audience was polled with no
one speaking for or against the variance application as presented. After discussion and consideration, Thomas Lee made a
motion, seconded by Darren Newville and unanimously carried, to approve a variance of 27’ from the required ordinary high
water level setback of 75’ for the placement of a 20’ by 22’ addition to the existing dwelling 48’ from the ordinary high-water
level and to deny the road right-of-way and side lot line variances as requested for the proposed 20’ by 28’ garage with the
condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The proposed 20’ by 22’
addition to the existing dwelling will be no closer to the ordinary high-water level than the existing structure. The applicant has
adequate room to place a garage that will provide reasonable use without the granting of the requested variances. The variance as
approved does not directly or indirectly grant any other variances for proposed or future development.
Corrine M. Nokken - Variance application approved as requested. (6:58 p.m.)
Corrine M. Nokken, part of Government Lot 4, Section 16 of Candor Township by Leek/Trowbridge Lake, requested the
following: On May 10,2018 the Board of Adjustment approved our request to remove the existing cabin and replace with a 40’
by 44’ cabin with a 10’ by 40’ deck and a 24’ by 30’ attached garage being 75’ from the ordinary high-water level. Upon further
review of our plans and site the proposed deck will be 65’ from the ordinary high-water level instead of 75’ from ordinary high-
water level. Requesting a 35’ variance from the ordinary high-water level. Required setback is 100’. Please note that the cabin
will be 75’ from the ordinary high-water level as previously approved on May 10, 2018. Corey Peterson, Contractor, appeared
with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance application as
presented. An email from Allen Sather in support of the variance application was noted for the record. After discussion and
consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve a
variance of 35’ from the required ordinary high-water level setback of 100’ for the placement of the development as proposed in
the variance application dated September 17, 2018 and as depicted on the drawing submitted with the variance application 65’
from the ordinary high-water level. The variance as approved does not directly or indirectly grant any other variances for
proposed or future development. It was noted that the proposed development is significantly further back than the existing
structure.
Northwood Specialty Company - Variance application approved as requested with a condition. (7:02 p.m.)
Northwood Specialty Company, part of Government Lot 4 and part of Southeast Quarter of the Southwest Quarter, Section 22 of
Parkers Prairie Township by Adley Lake, requested the following: The parcel contains 8.58 acres and the intention is to retain
6.23 acres and sell 2.35 acres (which is less than the required 5-acre size when the property is within 1,000 feet of shoreland).
The buyer owns adjacent land to the 2.35-acres, but it is abstract, and the 8.58-aces is Torrens, so they cannot be combined into
one parcel as initially intended. The audience was polled with no one speaking for or against the variance application as
presented. Rick Gappa represented the applicant at the public hearing. After discussion and consideration, Thomas Lee made a
motion, seconded by Rick Wilson and unanimously carried, to approve the proposed subdivision as described in the variance
application dated September 13, 2018 and as depicted on the drawing submitted with the application with the condition that a
registered survey must be presented at the time of conveyance. It was noted that the parcel being retained by the applicant will be
over 5 acres and the 2.35-acre tract will be joined to an adjacent parcel owned by the purchasers of the 2.35-acre tract. The
variance as approved does not directly or indirectly grant any other variances for proposed or future development.
Robert and Jeanne Schultz - Variance application approved as requested. (7:08 p.m.)
Robert and Jeanne Schultz, part of Government Lot 3, Section 1 of Edna Township by Devils Lake, requested a variance to move
existing cabin and deck away from the lake 10’ to prevent future footing and foundation damage. Replacing current footings and
foundation due to damage from winter ice expansion. The approximate setback from lake will be 28’ Currently we are in front of
the neighbors and this will bring us more in line with them. Request for future 2"‘‘ story loft addition, not to exceed 35’ in height.
The audience was polled with no one speaking for or against the variance application as presented. After discussion and
consideration, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve the
variance as requested in the variance application dated September 20, 2018 and as depicted on the drawing submitted with the
variance application. It was noted that the applicants are moving away from the ordinary high-water level. The variance as
approved does not directly or indirectly grant any other variances for proposed or future development.
Page I 2 of 3 Qctober 11, 2018
To: Otter Tail County
Government Services Center
Otter Tail County Board of Ajustment
Wayne Stein
Board of Adjustment Secretary
Received Notice of Hearing for Variance concerning property
address 49992 Leek Lake Bend, 56587.
My home is located at 50042 Leek Lake Bend. We are next door
to existing structure to the East.
My opinion on said variance is that it should be approved. The
setback including the requested deck, does not create any issue
with my property and does not impede my view to the lake.
The deck will be much further away from the high water mark
than the current existing structure.
Allen Sather
50042 Leek Lake Bend
Vergas, MN 50587
612-860-4763
SCALE DRAWING FORM
f A2^V6 O'
Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
t2-■ji 1“-''%Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
__N/S/V
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X !
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V.
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Signaiure of Property Owner 7 ^ Qgjg
Vi^l^uniMbw Co.PiwtM* •/fltQUB MN. • t -8po^7/ /7/^/i^BK — 0909 338.6M <46-4670
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shbwn on scale drawing):
Ft2Structure(s):
170
Ft2Deck(s): .
'7'Zc Ft2Driveway(s):
_Ft2Patio(s):
Sidewalk(s):Ft2
...........V-'F4?^-
••
Ft2Retaining Waii(s);Ai
i
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
I
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
31^*70 X100 =
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4e> a
LOT AREA
:%i-F
TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIO
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Notice of Hearing for Variance
otter Tail County
Government Services Center
510 Fir AveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER TRIlc»«atr*aia«iioTi
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Corrine M. Nokken
500 44*h Ave S
Moorhead, MN 56560
‘ 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, October 11, 2018 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 - 49992 Leek Lake Bend - 56587
Section 16, Township 137, Range 41 - Township Name - Candor
Lake No. 56-532, Lake Name - Leek/Trowbridge, Class - RD
The variance requested is the following:
On May 10, 2018 the Board of Adjustment approved our request to remove the existing cabin and replace with a 40’ by 44’ cabin with a 10’ by
40’ deck and a 24’ by 30’ attached garage being 75’ from the ordinary high-water level. Upon further review of our plans and site the proposed
deck will be 65’ from the ordinary high-water level instead of 75’ from ordinary high-water level. Requesting a 35’ variance from the ordinary
high-water level. Required setback is 100’. Please note that the cabin will be 75’ from the ordinary high-water level as previously approved on
May 10, 2018.
M/ayne Stein
Board of Adjustment Secretary
September 20, 2018
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 21st, day of September, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Sharon Sauer, Twp Clerk of Candor, 51902 County Highway 17, Detroit Lakes, MN 56501
Corrine Nokken, 500 44*^ Ave S, Moorhead, MN 56560-6771
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:
Ken Vorderbrugen, 20901 County Highway 65, Henning^ MN 56551
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty 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
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: September 21, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: Or\q^
Vi Manderud
1
SANDRA L BROWNSTEIN
50046 LEEK LAKE BND
VERGAS, MN 56587-9434
JANETTE & TERRY BUNKOWSKI
PO BOX 72
VERGAS, MN 56587-72
JAMES A PICK
51107 COUNTY HIGHWAY 17
VERGAS, MN 56587-9436
RAYMOND HORNUNG
50042 LEEK LAKE DR
VERGAS, MN 56587-9433
KEVIN D & MARGIE L KUEHL
13756 89TH PL N
MAPLE GROVE, MN 55369-8978
MICHAEL A & ELIZABETH J MCCANN
49850 LEEK LAKE TRL
VERGAS, MN 56587-9435
NATIONSTAR MORTGAGE LLC
8950 CYPRESS WATERS BLVD
COPPELL, TX 75019-4620
CORRINENOKKEN
500 44TH AVE S
MOORHEAD, MN 56560-6771
JEANINE A & RICKY J OLSON
49944 LEEK LAKE TRL
VERGAS, MN 56587-9435
ALLEN H & GENELLE M SATHER
50042 LEEK LAKE BND
VERGAS, MN 56587-9434
THOMAS JAY SHARBONNO
50131 LEEK LAKE DR
VERGAS, MN 56587-9433
H DUANE & MARY LOU THORESON
822 WHITETAIL LN
DETROIT LAKES, MN 56501-
!
T-7415
CAROL SCHMALTZDate Stamp OTTER TAIL COUNTY
RECOROER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
05/17/2018 10:03 AMdeceived
APR ) J 2018
i-AND&RESOOBCE
A
aDLO
CO FEE: 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
AFFECTED CERTIFICATES:
2114
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C3D
IL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee ^^0^- OO ^
Receipt Uumbe\<^0lS'~//i^ ^COMPLETE THIS APPLICATION IN BLACK INK
Accepted By / Date
fV\
^y</ A \/£ ^
PROPERTY OWNER O ________DAYTIME PHONE
2> /YjiSa
J jQCr,^
MAILING ADDRESS
/PnLAKE NUMBER LAKE NAME LAKE CLASS
d At4 OSECTION //^TOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESSO%00O {1^0 1050OO
/^7/v' -72/4 ,
LEGAL DESCRIPTION
Sect-16 Twp-13 7 Range-041
PT GL 4 COM NW COR GL 4 E
427.26’, S 90.99' TO PT BG,
S 180.14', E 299' TO LK, NELY
TYPE OF VARIANCE REQUESTED (Please Check)
XStructure 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.
0^ 3o' /fJhu Ar // u
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.
A n rlu^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
/O'TimeDate Of Hearing
Motion
Corriiic M. Nokken - Variance application appl•o^ ed as requested with a condition. (7:40 p.ni.)
After discussion and consideration, Rick Wilson made a motion, seconded by Darren Newville and unanimously carried, to approve a
variance of 25’ from the required ordinary high-water level setback of 100’ for the placement of a 40’ by 44’ cabin and a 24’ by 30’
attached garage 75’ from the ordinary high-water level with the condition that holding tank is in compliance with the requirements of
the ordinance. The proposed development will be further away from the ordinary high-water level than the existing development.
The proposed development is an improvement. The variance as approved does not directly or indirectly grant any other variances for
proposed or future development.
Chairman/6tter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Y. Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
Edward and Merry Jo Stroot - Variance application approved as requested with a condition. (6:48 p.ni.) - Continued
VanDerBrinks want to purchase the Stroot Garage which sits approximately 280’ southerly of the Stroot cabin. Because of the
terrain the garage and surrounding lands can be better used by the VanI3erBrinks than the Stroots. We are requesting subdivision
approval of Parcel Dl, being 0.78 acres from Tract D, to be permanently attached to Tract E as shown on the Anderson Land
Surveying Certificate of Survey No. 8548, signed April 11, 2018. Please note that Parcel Dl contains no lakeshore, the remainder
of Tract D is 3.02 acres more or less, and approval of this subdivision puts the VanDerBrink driveway on their own property.
Appearing with the applicants was Yvette VanDerBrink and Glenn Howe, Surveyor, fhe audience was polled with no one
speaking for or against the variance application as presented. After discussion and consideration, Steve Schierer made a motion,
seconded by Kenneth Vorderbruggen and unanimously carried, to approve the proposed subdivision as described in the variance
application dated April 11, 2018 with the condition that a registered surveyor’s drawing must be presented at the time of
conveyance. The variance as approved does not negatively impact the immediate neighborhood, will make the existing garage
more useable and will place the VanDerBrink driveway on the property that they own. The variance as approved does not
directly or indirectly grant any other variances for future development.
Peterson Family Cabin LLC - Denied (6:50 p.rn.)
Peterson Family Cabin LLC, part of Government Lot 3, all of Government Lot 4 and part of the Southwest Quarter of the
Northwest Quarter, Section 15 of Eagle Lake fownship by Eagle Lake requested a variance to subdivide without platting tax
parcel 18-000-15-0099-000, a 5.05-acre parcel (county auditor lists it as 7.9 acres) located within shoreland near Eagle Lake (56-
253 GD) in Eagle Lake Township. The proposed subdivision consists of three backlots (86,520 square feet; 66,866 square feet;
50,622 square feet), together with a fourth backlot tract (15,921 square feet) which is adjacent to and to be permanently affixed to
lakeshore tax parcel 18-000-99-0294-000, 37651 s. Eagle Lake Trail. This backlot tract contains the septic system for that parcel
and enlarges the lakeshore parcel to an aggregate area of approximately 25,527 square feet. Peterson Family Cabin LLC was
represented at the public hearing by: Mike Peterson, Owner, Glenn Howe, Surveyor and Robert Bigwood, Attorney.
The audience was polled with the following individuals speaking in opposition to the variance application: Kathy Evavold, Kelly
Hepper, Grant Johnson and Warren Pream (not cenain about the last name). Kathy Evavold, Supervisor representing Eagle Lake
Township also presented several pictures for the record. Letters and/or emails from the following in opposition to the variance
application were also read for the record: Craig and Karen Andrews, Loren Bailey, Gene and Tamara Curtis, Ruth Gallagher,
Kelly Hepper representing the Eagle Lake Lakeshore Association, David and Judy Johnson, Earllet Johnson Grant and Dorothy
Johnson, Perry and Janet Kugler, Jeffrey Long, Connie Prunty, William and Sandra Shumaker, and Joy feiken.
The originals letters and the pictures reference above have been placed in the file maintained by the Land and Resource
Department. Other than noting that all these letters were in opposition to the proposed subdivisions, these minutes will not
summarize the specific content of the letters. The applicants and their representatives noted that the plan under consideration
would be the same plan that would be presented to the Planning Commission and it was their position that that the Board of
Adjustment has acted on this type of request favorably in the past. The fiill content of the discussion between the
applicants/applicants’ representatives and the Board was record and is available during normal business hours; therefore, these
minutes will not detail that discussion. After considerable discussion and consideration, Steve Schierer made a motion, seconded
by Thomas Lee and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been
shown that would justify approving the variance as requested for metes and bounds subdivisions instead of a formal review by the
Planning Commission through the platting process. The platting process will provide a deeper review and will address buildable
areas, bluffs and necessary steps to prevent erosion should the lots be developed.
Corriiie M. Nokken - Variance application approved as requested with a condition. (7:40 p.m.)
Corrine M. Nokken, part of Government Lot 4, Section 16 of Candor Township by Leek/Trowbridge Lake, requested a 75’
setback from ordinary high-water level instead of the 100’ setback. Proposing to remove the existing cabin and bathhouse and
replace with a 40’ by 44’ cabin with deck and a 24’ by 30’ attached garage. Cory Pederson appeared with the applicant at the
public hearing. The audience was polled with no one speaking for or against the variance application as presented. After
discussion and consideration, Rick Wilson made a motion, seconded by Darren Newville and unanimously carried, to approve a
variance of 25’ from the required ordinary high-water level setback of 100’ for the placement of a 40’ by 44’ cabin and a 24’ by
30’ attached garage 75’ from the ordinary high-water level with the condition that holding tank is in compliance with the
requirements of the ordinance. The proposed development will be further away from the ordinary high-water level than the
existing development. The proposed development is an improvement. The variance as approved does not directly or indirectly
grant any other variances for proposed or future development.
May 10,2018Page I 2
SCALE DRAWING FORM
0> 6 POO
Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scaie (feet), all existing and/or proposed structures, septic
tanks, drainfieids, lotiines, road right-of-ways, easements, OHWLs, welis, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
caicuiations.
/
%Scale Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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BK — 0909 338.596 • Victot Lund«en Ckx. Printers • Fergus Palls, MN • 1-800-346-4870
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed} Impervious Surfaces (must be shown on scale drawing):
Ft2lUiStructure(s):
770
Ft2Deck(s):
'7'Z-o Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
SS j O Ft2LOT AREA:
V.nf/oMil'70 X100 =.%
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
V
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I
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510Fir AveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertai|.mn.us
Web Address - www.co.otter-tail.mn.usOTTER Tllll
Applicant and/or applicant’s representative must be present at the scheduled hearing.
,.To Whom It May Concern:
Corrine M. Nokken
500 44'^^ Ave S
v ; Moorhead, MN 56560
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, May 10, 2018 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 - 49992 Leek Lake Bend - 56587
Section 16, Township 137, Range 41 - Township Name - Candor
Lake No. 56-532, Lake Name - Leek/Trowbridge, Class - RD
The variance requested is the following:
Request a 75’ setback from ordinary high-water level instead of the 100’ setback. Proposing to remove the existing
cabin and bathhouse and replace with a 40’ by 44’ cabin with deck and’a 24’ by 30’ attached garage.
‘Wayne Stein
Board of Adjustment Secretary
April 20, 2018
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 23rd, day of April, 2018 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Corrine M Nokken, 500 44'*' Ave S, Moorhead, Mn 56560
Sharon Sauer, 51902 County Highway 17, Detroit Lakes, MN 56501
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:
Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Darren M Newville, 614 6*'' St Ne, Perham; MN 56573
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: April 23rd, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: V)-j^
Vi Manderud '/1
* r'
RONALD T&JERRILYN K BAKER
12839 134TH AVENE
SPICER, MN 56288-8509
SANDRA L BROWNSTEIN
50046 LEEK LAKE BND
VERGAS, MN 56587-9434
JANETTE & TERRY BUNKOWSKI
PO BOX 72
VERGAS, MN 56587-72
RAYMOND HORNUNG
50042 LEEK LAKE DR
VERGAS, MN 56587-9433
JAMES A PICK
51107 COUNTY HIGHWAY 17
VERGAS, MN 56587-9436
KEVIN D & MARGIE L KUEHL
13756 89TH PL N
MAPLE GROVE, MN 55369-8978
CORRINE NOKKEN
500 44TH AVE S
MOORHEAD, MN 56560-6771
MICHAEL A & ELIZABETH J MCCANN
49850 LEEK LAKE TRL
VERGAS, MN 56587-9435
JEANINE A & RICKY J OLSON
49944 LEEK LAKE TRL
VERGAS, MN 56587-9435
THOMAS JAY SHARBONNO
50131 LEEK LAKE DR
VERGAS, MN 56587-9433
ALLEN H & GENELLE M SATHER
50042 LEEK LAKE BND
VERGAS,-MN 56587-9434
H DUANE & MARY LOU THORESON
822 WHITETAIL LN
DETROIT LAKES, MN 56501-;