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Home My WebLink About08000260205000_Variances_12-08-20161188103 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 03/15/2017 9:56 AMRECEIVED NOV 1 5 2016 LAND & RESOURCE — ?un rsjr— '^8 FEE: 46.00 PAGES 3 WELL CERTIFICATE REC D: N o ^ •X s:a/;nedL&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 500- OQ COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date /^At^NAAMRty (Ft^'iC^aN SCaT.AAOIr 9coT/H,Nl^ PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS L/'JON LAKE CLASS R t)LAKE NUMBER LAKE NAME Ln AH-I TOWNSHIP NAMESECTIONTOWNSHIPRANGE 6Soao2 6o3o5ooo nx onnW^r/>7T7^ PARCEL NUMBER E-911 ADDRESS V<r«ttS. LEGAL DESCRIPTION M l<^ 5 parf lo *04 of \jdVz_ V-e AcvVackccl b-eed_______________ TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size WECS Misc.ClusterSewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. pfldf’cffiMQr OfH^T/tt'CTA AppTic/t* 1S5 c>t*^0u \is- Hlati rytr' Uruhe, 7^TBAch: /5‘ THe ' F/?/ /I THe ur L^hp, AUd Fl^oPaS/A^ To CaNfrf^uO- A PFCK 11' Wh kr? /t n/Mt. op lo^6 se FT !H The rue PRfiC^^Et) lflfBRl/io<^ 0,ueKMrL- u'^et-ee^^.l fT^6oiR^P IhPA^UiPu^ Li _______________________ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE I 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. ^ SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER U-19-16 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 545 194 • Victoi Lumleert C« Pimten • F«*ow» >*«• Mktnesoia c?o^7 ^. ’/o /v>tTimeDate Of Hearing 3-7- ya Motion Gale and Andrew Peterson - Approved the revised request (7:40 p.m.) December 8,2016 meeting - The audience was polled with Neil Strawhom requesting that action on this variance request be tabled until such time that a pending legal action (prescriptive easement issue) is resolved. A copy of the complaint has been placed in the applicants’ file, which is maintained by the Land and Resource Management Department. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, with the applicant’s verbal permission, to table this public hearing until such time that the legal action against Gale and Andrew Peterson is resolved. March 9, 2017 meeting - Andrew Peterson represented the application at the public hearing. Mr. Peterson presented a revised request for consideration, which reads as follows: We are no longer proposing to construct the 22' by 16' addition to the cabin. We are now proposing to construct J or 2 Dormers on the existing cabin. The Dormers will be located on the East and West sides of the cabin. The roofline will not be any higher than the existing roofline and the footprint of the cabin would not be changed except for the proposed deck. The proposed deck will be 8' fy 12' in size being IT from the ordinary high water level. Currently there is 948 square feet coverage in the Shore Impact Zone. Proposing to increase the coverage by 118 square feet for a total of1,066 square feet in the Shore Impact Zone. Previous variance request requested a variance for Impervious Surface and by not doing the addition the new Total Impervious Surface Calculation is 21.4%. The audience was polled with Neil and Donna Strawhom speaking against the additional impervious surface coverage within the shore impact zone. Alter consideration and discussion, Paul Larson offered the following motion, which was seconded by Thomas Lee and unanimously carried, to approve the revised variance request as stated above and as submitted to the Board of Adjustment on Thursday, March 9,2017. Chairman/Ott^Tail County Board of Adjustment 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 ! Patty Wasmuth - Variance application approved as requested. (7:30 p.in.) Patty Wasmuth, Lot 4 Preston’s Lakeview Beach, Jewett Lake in Elizabeth Township, requested the following: Right now the current structure sits 10’ 6” into the 50’ ordinary high water level setback. We would like to add a second story to the existing structure. We are not changing the foot print on the lake side. On the road side we would like to add 4’ to the existing structure for an access stairway to the second floor. That stairway meets all setback restrictions. There will be no adding of impervious surface to the shore impact zone. The application was represented by Patty Wasmuth and Brad Vesta, Contractor. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson offered the following motion, which was seconded by Rick Wilson and unanimously carried, to approve the variances for the proposed development as described in the variance application dated February 16, 2017 and as depicted in the various drawing submitted with the application. The variance as approved does not directly or indirectly grant any other variances for the proposed or future development of this property. It was noted that the approval by the Board of Adjustment is consistent with past actions of the Board. Ryan Johnson — Variance application approved as requested. (7:33 p.ni.) Ryan Johnson, part of Government Lot 2, Section 9 of Star Lake Township by Star Lake, requested the following: Structure is currently within 20’ of road right-of-way. Adding two bedrooms above makes the cabin more useable for our family of 5. Cabin is 4’ 9” off road right-of-way. Also current roof is flat over half of cabin and needs to be replaced. Total height would be 25’ to peak and currently isl6’. The application was represented by Ryan Johnson. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville offered the following motion, which was seconded by Rick Wilson and unanimously carried, to approve the required variances for the proposed development as described in the variance application dated February 16, 2017 and as depicted on the tliree drawing submitted with the variance application. The approval of this variance application does not directly or indirectly grant any other variances for the proposed or future development of this property. The approval of the variance request was based on the current location of the existing structure. Gale and Andrew Peterson - Approved the revised request. (7:40 p.m.) Gale and Andrew Peterson, part of Government Lot 10, Section 26 and part of Government Lot 2 Section 35 of Candor Township by Loon Lake, requested the following: Proposing to construct a 22’ by 16’ addition to dwelling being 49’ from the ordinary high water level and 8’ from the lot line. The required setback is 100’ from the lake and 10’ from the lot line. Also proposing to construct an 8’ by 12’ deck being 17’ from the ordinary high water level. Required setback is 100’. Cuirently there is 948 square feet coverage in the shore impact zone. Proposing to increase the coverage by 118 square feet. For a total of 1066 square feet in the shore impact zone. The proposed impervious surface coverage will be 25.1%. Required impervious coverage is 25%. December 8, 2016 meeting - The audience was polled with Neil Strawhom requesting that action on this variance request be tabled until such time that a pending legal action (prescriptive easement issue) is resolved. A copy of the complaint has been placed in the applicants’ file, which is maintained by the Land and Resource Management Department. After discussion and consideration, Thomas Lee made a motion, second by Paul Larson and unanimously carried, with the applicant’s verbal pennission, to table this public hearing until such time that the legal action against Gale and Andrew Peterson is resolved. March 9, 2017 meeting - Andrew Peterson represented the application at the public hearing. Mr. Peterson presented a revised request for consideration, which reads as follows: (Te are no longer proposing to construct the 22’ by 16’ addition to the cabin. We are now proposing to construct I or 2 Dormers on the existing cabin. The Dormers will be located on the East and West sides of the cabin. The roofline will not be any higher than the existing roofline and the footprint of the cabin would not be changed except for the proposed deck. The proposed deck will be 8’ by 12’ in size being 17 ’from the ordinaiy high water level. Currently there is 948 square feet coverage in the Shore Impact Zone. Proposing to increase the coverage by 118 square feet for a total of 1,066 square feet in the Shore Impact Zone. Previous variance request requested a variance for Impei-vious Surface and by not doing the addition the new Total Impendous Surface Calculation is 21.4%. The audience was polled with Neil and Donna Strawhom speaking against the additional impervious surface coverage within the shore impact zone. After consideration and discussion, Paul Larson offered the following motion, which was seconded by Thomas Lee and unanimously carried, to approve the revised variance request as stated above and as submitted to the Board of Adjustment on Thursday, March 9, 2017. March 9, 2017Page I 3 Steven and Denise Galletta - Variance application approved as requested. (6:52 p.m.) Steven and Denise Galletta, Lot 11 Jerry's Breezy Beach, Rush Lake in Rush Lake Township, requested the following: Existing house footprint on Eastside and Westside lot lines are at 6’. Requirement is 10’ Request 4’ variance from each lot line for a new garage to be built on existing parking area, second story addition over existing footprint dwelling and attached garage and new garage addition. Requesting an ordinary high water level setback variance of 27’ from the required 75’ setback for the proposal to be at 48’ from ordinaiy high water level. Existing impervious is at 31.2% new proposal will reduce total impervious surface to 27%. This will be a 4.2% reduction in total impervious surface. Requesting variance of 2%. Driveway and sidewalks to be pervious pavers. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Rick Wilson made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as stated in the variance application dated November 10, 2016 and as depicted on the drawing submitted with the application. It was noted that the proposed development will be no closer to the ordinary high water level than the existing development and the proposed development will reduce impervious surface coverage by 4.2%. The applicants’ proposal is an improvement to the property and is in part maintenance to the existing development. The variances as approved do not directly or indirectly grant any other variance for the proposed or future development. It was noted that the applicants must reduce imperious surface coverage to 27% or less whether pervious pavers are used or not used. Timothy P. Long - Variance application approved as requested. (7:04 p.m.) Timothy P. Long, part of Govenunent Lot 9, Section 10 of Friberg Township by Heilberger Lake, requested the following: On September 8, 2016 the Board of Adjustment approved my request to subdivide my parcel into tliree tracts. I am now requesting to alter the lot line between Tracts B and C. See attached map on fde with the County Auditor’s office for the new lot line location. Tract B will be approximately 3.21 acres and Tract C will be 3.67 acres. Proposed to have parcels buildable for residential use. The applicant was represented by Michael Walls. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Rick Wilson and unanimously carried, to approve the proposed subdivision as described in the variance application dated November 15, 2016 and as depicted on the drawing submitted with the variance application. The variance as approved is substantially the same as the variance granted September 8, 2016. The variance as approved does not directly or indirectly gi'ant any other variances for future development. Dan and Andrea Bucholz -Variance application approved as requested (7:07 p.m.) Dan and Andrea Bucholz, East Half of the Northeast Quarter and part of Government Lots 1 and 2, Section 25 of Gonuan Township by Little Pine Lake, requested the following: Propose to subdivide by metes and bounds parcel with approximately 11,697 square feet of area and pemianently attach to Parcel 30-000-99-0300-000 for non-residential purposes. Survey to be provided upon recording. Retained parcel will exceed 5 acres. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, second by Paul Larson and unanimously carried, to approve the proposed subdivision as described in the variance application dated November 16' 2016 and as depicted on the drawing submitted with the variance application. The variance as approved does not directly or indirectly grant any other variances for future development. Gale and Andrew Peterson - Tabled (7:10 p.m.) Gale and Andrew Peterson, part of Govenunent Lot 10, Section 26 and part of Government Lot 2 Section 35 of Candor Township by Loon Lake, reque.sted the following: Proposing to construct a 22" by 16’ addition to dwelling being 49’ from the ordinary high water level and 8’ from the lot line. The required setback is 100’ from the lake and 10’ from the lot line. Also proposing to construct an 8’ by 12’ deck being 17’ from the ordinaiy high water level. Required setback is 100’. Currently there is 948 square feet coverage in the shore impact zone. Proposing to increase the coverage by 118 square feet. For a total of 1066 square feet in the shore impact zone. December 8, 2016Page I 2 [QPubAL- MAkuH V. 20 n i We are no longer proposing to construct the 22‘ x 16' addition to the cabin. We are now proposing to construct 1 or 2 Dormers on the exi.sting cabin. The Dormers will be located on the East and West side of the cabin. The roofline will not be any higher than the existing roofline and the footprint of the cabin would not be changed except for the proposed deck. The proposed deck will be 8‘ x 12* in size being 17' from the OHWL. Currently there is 948 sq.ft, coverage in the Shore Impact 2^ne. Proposing to increase the coverage by 118 sq.ft, for a total of 1066 sq. ft. in the Shore Impact Zone. Previous Varianee request requested a Varianee for Impervious Surface and by not doing the addition the new Total Impervious Surface Calculation is 21.4%. K' * ♦890473 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that ^00473 _ ^ . this instrument # ________<^OQJ was filed/recorded in this office Ofear) for record on the __L__day q' __J[kiN_^001 at Metcalf, County Recoider No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( Certificate of Real Estate Value No. ) not required. 068403 Wayne Stein, County Auditor sndyLl by: Xk)We ^gputy- larding fee well certificafi Deputy ■. . Warranty Deed 9a-. ,,, OTTER TAIL •' OE ft’iNNESOTA ' tax*rv^ai^ir STATE DEED TAX DUE HEREON: $ g/^.2001.Date: September OATS FOR VALUABLE CONSIDERATION, Daiyl G. Dahlmeier and Pamela A. Dahlmeier, husband and wife as joint tenants and Gale N. Peterson, a.k.a. Gale Dahlmeier Peterson and Andrew F. / Peterson, wife and husband as joint tenants. Grantors, haeby convey and warrant to Gale N. Peterson, a.k.a. Gale Dahlmeier Peterson and Andrew F. Peterson, wife and husband as joint tenants. Grantees, real property in Otter Tail Gountyi Minne^ta, described as follows: Beginning at an iron inonumerit located at Meander Comer numbered Ten (10) which point of beginning is locked 696.9 feet West from the Southeast comer of Section Twenty-six (26), Township One Thirty-seven (137) North, Range Forty-one (41) West of the Fifth Principal Meridian; thence running Soufti 56 degrees 24 minutes West 59;5 f^ to an iron stake on the shore of Loon Lake; thence North 21 degrees 27 minutes West 155.4 feet; thence North 37 degrees 22 minutes East 86.5 feet; thence North 00 degrees 34 minutes East 37.3 feet; theiice North 56 degrees 24 minutes East 59.5 feet; thence South 00 degrees 34 minutes West 70.0 feet; thence South 28 degrees 1 minute West 94.8 feet; th^ce South 24 degrees 56 minutes E^t 106.4 feet to the point of beginning; the £d)ove described tract consists of 0.26 acre in Government Lot Ten (10), in Section Twenty-six (26), Township and Range aforesaid, and also 0.04 acre in Gbvemment Lot Two (2) in Section Thirty-five (35), Township and Range aforementioned, all with full riparian rights; with all hereditamwits and appurtenances belonging thereto, subject to the: followingtog( e:Ions: 6^eN. Peterson, a.k.a. Gale Dahlmeier Peterson Daryl G. Dahlmeier Andrew F. PetersonPamela A. Dahlmeier