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HomeMy WebLinkAbout08000990630000_Variances_10-08-2020jIPtPT SCAHHtu 1249118Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 12/02/2020 03:21 PM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N '>• ■“••J 0-- r-- i—, •—1 •“ 1—tLD>C o:>L&R Initial ■ HI ABOVE SPACE IS RESERVED FOR THE COUN l Y RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, F. rr;ns Falls MN 56537 218-998 8095 www.co.otter-tail.imi.rr,OTTfRT|lll Application Fee j,5>C0- OO ^jiH^ Receipt Number Accepted by Date'fProperty Owner Name T HamsCl I Vl <2. ii 4 ^ i Q.n__C t~i p Ft r fe- o g A Ve.raai rv : Address : City , State 2ip 56 _________________ H6i - 4a -04 51 ^<Y\4CiCT-i.'3 © CyTaail, CC i"n i ' Daytime ' Phone Email i. ■ Parcel Information £Lake No 5(o053*-\00 Lake Name —1— <SC\Lake Class » mJParcel Number(s) I Parcel Number(s) CScc c 9c/c^3oCc>C) 1Cc» n cT o_ rTownship Name Legal Description Section '37 B \ 6Cl<>. □ ^ Pt5, 0 + Ten I CojuATH __________:: ^/|lV [imfhv-c 1^41 \//i^tas iHPJTYPE OF VARIANCE REQUESTED (Please Check) ^ Lot !) miOi Pliysical Address : iw r ^ , r: Structure Setback L!□ □ structure Size SubdivisionSewage System ! □□ □ MiscellaneousClusterWECS v^fsi on Date 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. M A ^ ^ fc\ I tOTTER TAIL COUNTY ORDINANCE: _ SECTION OF ORDINANCE: TTC_ for a oanance, f eci u »fe from 3oo feet ScTbac f builc[ a 33 foaf hu corn PC ^ o-^^vnov/.^ lio' O.V "hve^ 1 fer LciK ^ X-oic{ Sh eti (6 th e.no^ !§ ^ 3/o cfc. 3 C,\oV<S ^ -Vo c ^foofH8 c ^ e- w£'ci a to TL of I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIV l.SIOIv CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. :I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (< i DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO O E H JNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARD IP. THIS MATTER. i Sli^ATURE OF PROPERTY OWNER,'AGENT FOR OWNER 'i (I /Jaoar) I DATE riiAAA^Qi ! APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) iia Oth]^ % totoDate of Hearing Time:I'OO p ff).\ Motion IMIf!t«IR9E| James Harris - Variance Application Denied (7:54 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Douglas Larson and carried by roll call vote to deny the variance request as there is a building area on the lot which will meet the setbacks of the Shoreland Management Ordinance. This denial is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. 1 /hut/ Uu'/yuLS Chairman/otter Tail County Board of Adjustment Lu ..H 3Permit(s) required from Land & Resource Management Note: If Yes, contact Land & Resource Management Yes No ‘i 10 H tblbCopy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date T1 Scott Neumann - Continued Scott Neumann, property owner represented the variance application via GoToMeeting. The audience was polled w ith no one speaking for or against the variance application. After consideration and discussion, Michael Donoho made a motion, seconded by Terry Marthaler, and carried by roll call vote to approve the variance request to replace the existing attached garage with a new 26’ x 30’ attached garage being 5’ from the road right of way. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment YEA ABSENT ABSTAINNAY Thomas Lee X Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Caleb & Tracey Hanson - Variance Application Denied (7:45 p.m.) Caleb & Tracey Hanson , Lot 9 of Big Pine Haven, Big Pine Lake (56-130), Pine Lake Township request the following: Request non­ dwelling structure height variance 4’-l 1” (proposed structure 24’-10-3M6”) for a detached garage 352’ from OHWL. Jack Rosenthal recused himself from this application as he has surveyed this property. Caleb Hanson, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Douglas Larson made a motion seconded by Darren New ville and carried by roll call vote to deny the variance as requested as the ordinance does not allow a detached garage to exceed 20' in height. This denial is also based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Roll call vote as follows: Board of Ad justment ABSENT ABSTAINYEANAY XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member Recused himself from this Application James Harris - Variance Application Denied (7:54 p.m.) James Harris, Lot 8 Blk 2 of Prosperity Point, Ida Lake (56-534), Candor Township request the following: Request for a variance from the 200 foot setback requirement for Lake Ida to build a 32 foot by 48 foot storage shed on the northwest comer of Lot 8 Block 2 on lake Ida being approx. 130’ at the closest point to the lake. Jack Rosenthal recused himself from this application. Board of Adjustment October 8. 2020 Page I 6 James Harris - Continued James Harris, property owner represented the variance application via GoToMeeting. The audience was polled with Jennifer Bergeson speaking again the variance application. She also submitted a letter opposing the variance application. She indicated that the other side of the lot has a flat buildable area w here the storage building can meet the setbacks. After consideration and discussion, Darren Newville made a motion, seconded by Douglas Larson and carried by roll call vote to deny the variance request as there is a building area on the lot w hich w ill meet the setbacks of the Shoreland Management Ordinance. This denial is also based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. Roll call vote as follows; Board of Adjustment ABSENT ABSTAINYEANAY XThomas Lee XDarren Newville XDouglas Larson Michael Donoho Terry Marthaler Jack Rosenthal - PC Member Recused himself from this Application X X Victor Peterson - Variance Request Approved with Condition (8:05 p.m.) Victor Peterson . 'A Lot 29 & All Lot 30 Blk 1 of Trowbridge Point. Leek/Trowbridge Lake (56-532), Candor Township request the following: Proposing to construct a 38' x 22’ Detached Garage and deck being 84’7” at the closest point from the lake and 5’ from the lot line of the Common Interest Lot. The lot is substandard lot created in 1955 and w ith the natural w ater flowage the roadbed and the top of the hill makes it difficult to meet the setbacks. Victor Peterson, property owner represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Jack Rosenthal made a motion seconded by Michael Donoho and carried by roll call vote to approve the variance to construct a 38’ x 22’ detached garage and deck being 84’7” from the ordinary high water level and 5’ from the lotline with the condition that the property owner must work w ith Land & Resource Management to create the most beneficial grading plan for the project. This decision is also based on the Findings of Fact and Decision Form, w hich contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Ad justment ABSTAINABSENTYEANAY XThomas Lee XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Jack Rosenthal - PC Member X Joel & Sherri Thomsen - Variance Request Approved as Requested (8:13 p.m.) Joel & Sherri Thomsen , Pt Sub Lot A of GL 5 N of C.S.A.H. #34, Little McDonald Lake (56-328), Edna Township request the follow ing: Requesting to maintain 20’ road right of way from property line for new garage construction, and 1 ’ setback from new bike path easement. Board of Adjustment October 8, 2020 Page j 7 STAFF REPORT APPLICANT:James Harris Request for a variance from the 200 foot setback requirement for Lake Ida to build a 32 foot by 48 foot storage shed on the northwest corner of Lot 8, Block 2 on Lake Ida being approximately 130' at the closest point to the lake. APPLICATION: 48127 Campfire RD, Vergas 08000990630000LOCATION: LAKE NAME/NUMBER/CLASS: Ida, 56-534, Natural Environment STAFF WHO COMPLETED REPORT: Chris LeClair ▼ ROSPERTTY PROPERTIES LLC X Q, 48141 CAMl^.lReTIo ' : .; 'A.' ^ Shoi/v s*a'‘ch resulu for PROSPE f. m § ,48127 CAM PFIRERD ooijfj ^ '■ , o ,>ly . Tj^48073 CAM PFIRE ,RD:c ||gg|gpo<vic6'i >000 ■ ■ &jpmsperi^ Point ^=;ooa^f!o6VSOPq y: i . • 4.^ '/■ f.■< ■5^ r-'^v - ■')(§' . - ":t o ■ "v Afi " r?Stock 2 ,i-o:Ui£ a9 _»i” Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No recommendations I Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp.4,A LAKES RIVERS SETBACKS (Ft)GD U&TRD NE Ag Trans Elevation Above OHWL Vertical Separation*3 3 3 3 3 3 Setback From OHWL Dwellings / Non-Dwellings 100 15075100200100 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 10 10 50 50 50 50 50 50 Residential PUD 50 50 50 50 50 50 WOAS 40 65 90 40 65 115 Top of Bluff 30 30 30 30 30 30 Road Right-of-Wav (Public / Private) All Structures 20 20 20202020 Septic Tanks All Structures 10 10 1010 10 10 Soil Treatment Area Dwelling Non-Dwelling Maximum Structure Height 20 20 20 20 20 20 10 10 10 10 1010 35Dwelling Non-Dwelling *** 35 35 35 3535 20 202020 20 20 10 10WOAS10 10 10 10 Staff Comments: Based on a review of the application and a site review, Staff offers the following comments: 1. Site visit September 30, 2020 2. No comments %> >i "k .'. w- ', V rl?. L^X-ri- fWL,,-/‘T¥.3^ ft#-'"'15■f3 sWiiS',. ■ H' '4 I ^ :'!‘t i .; >». £ ;V >Vj ”h- •J i?«dc '■ < IF SCALE DRAWING FORM Tax Parcel Number(s) O 0 O 0^9 d 62 0 0 On signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all 2 listing and/or proposed structures, septic tanks, drainfields, lotiines, road right-of-ways, easements, OHWI.S ■f ells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. y:ale: 1 inch = \ O Q f’ee.'t Signature Date t\jj ^ I—^ E i lo' L oi I sstbacisme. 5 SheJ O ^ dr ' Uu3o\ UJ] K 6<xct Sa-Tback.Q. sc7u /1 L a Kc- 0"^ 000 990 63ooo<^> LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: James Harris 48127 Campfire Rd Vergas MN 56587 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 8, 2020 at 7:00 p.m. In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 08000990630000 Lot 8 BIk 2 - Prosperity Point Section 15, Township 137, Range 41 Township Name - Candor Ida (56-534), Natural Environment (NE) None - Loc across from 48127 Campfire Rd., Vergas MN 56587 Lake Name/Number/Class: Property Address: The variance requested is the following: Request for a variance from the 200 foot setback requirement for Lake Ida to build a 32 foot by 48 foot storage shed on the northwest corner of Lot 8 Block 2 on lake Ida being approx. 130' at the closest point to the lake. Ainy Busko Board of Adjustment Secretary September 24, 2020 (@) ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 I#»m mn IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing.133717Lot Area (ft^): Buildings Other Impervious Surface ProposedExistingProposedExisting FF FF Ft-FF I Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) i 3storage Shed Landing(s) 1‘ioQWOASbrivewav(s)aRCU Parking Area(s)MisceHaneous Retaining Wall(s)Landscaping (Plastic Barrier)Miscellaneous \S2(cI TOTAL BUILDINGS QTOTAL OTHER T T T Buildings Impervious Surface Percentage Maximun Allowable 20% Existing iProposedTotali Lot Area Impervicus Surface Ratio FFTotal Buildings Ft'Ft'FttII 153^ r),oi 93 u!1536 too ; = iI + !L s Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio ::FF FF Ft2 FF .1 ansfcl.l |.iia3,f|fll.lD.()a^100X a LR Online Permitting Forms 201$ Impervious Surface Calculation Worksheet 04-11-2016 Signatur Date OTTER TAIL COUNTY Fergus Falls, Minnesota )STATE OF MINNESOTA ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 24**^ day of September, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake AssociationTownship ClerkProperty Owner Sharon Sauer, Clerk Candor Township 51902 Co. Hwy 17 Detroit Lakes MN 56501 NAJames Harris 48127 Campfire Rd Verges MN 56587 City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Ne^Perham): Little Little Pi Pelic South Turtle Lake: Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ,^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 IIS (iN^Rernam): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 flHcDronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 ; pJre^Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Zc^, FishvBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 LU Big Pine: Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Jack Rosenthal, PO Box 266, Ottcrtail MN 56571 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print File 1Dated: September 24, 2020 Extra 5Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members___5 PC Member____ Envelopes 10 TOTAL NOTICES TO PRINT____22 I I Added to Agenda Map I I Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus 1I'Ui MinutesBy: Amy Busko l:\BOA\October BOA\Harris Affidavit (534) 10-08-20.docx Buffer Parcels Addr 2 Citv St ZiD Vergas MN 56587 9444 Addr 1Parcel No Name 2Name 1 50622 County Highway 1708000150093000 David & D EbersvillerTsts Little Canada MN 55117 60392300 Gervais Hills Dr08000990612000 Scott & Lisa Zak Fargo ND 58104 63731349 Rose Creek Pkwy E #1008000990613000 Jennifer Bergeson Fargo ND 58104 63731349 Rose Creek Pkwy E #1008000990614000 Jennifer Bergeson Fargo ND 58104 63731349 Rose Creek Pkwy E #1008000990615000 Jennifer Bergeson Vergas MN 56587 951748127 Campfire Rd08000990616000 James & Jean Harris Lake Park MN 56554 961212572 Us Highway 1008000990617000 Brian & Nicole Ecker Fargo ND 58102 23321602 3rd St N08000990618000 Bryan & Tifanie Gelinske Bismarck ND 58504 72151967 Oakland Dr08000990619000 Howard & Sandra Gilje Vergas MN 56587 949847967 Cmpfire Rd08000990620000 Daniel J & Suzanne Eickschen Omaha NE 68124 14488121 Walnut CirAttn Nicholas Borman08000990621000 Nord Holdings LLC Fargo ND 58104 63731349 Rose Creek Pkwy E #1008000990627000 Jennifer Bergeson Fargo ND 58104 63731349 Rose Creek Pkwy E #1008000990628000 Jennifer Bergeson Fargo ND 58104 63731349 Rose Creek Pkwy E #1008000990629000 Jennifer Bergeson Little Canada MN 55117 60392300 Gervais Hills Dr08000990630000 Prosperity Properties LLC Omaha NE 68124 14488121 Walnut Cir08000990631000 Nord Holdings LLC Attn Nicholas Borman Little Canada MN 55117 60392300 Gervais Hills Dr08000990632000 Prosperity Properties LLC Page 1 of 1Wednesday. Seotember 23. 2020 Buffer Mail Address i City, State, ZipName Address 2 Jennifer Bergeson 1349 Rose Creek Pkwy E #10 Fargo ND 58104 6373 David & D Ebersviller Tsts 50622 County Highway 17 Vergas MN 56587 9444 Brian & Nicole Ecker 12572 Us Highway 10 Lake Park MN 56554 9612 Daniel J & Suzanne Eickschen 47967 Cmpfire Rd Vergas MN 56587 9498 Bryan & Tifanie Gelinske 1602 3rd St N Fargo ND 58102 2332 Howard & Sandra Gilje 1967 Oakland Dr Bismarck ND 58504 7215 James & Jean Harris 48127 Campfire Rd Vergas MN 56587 9517 Nord Holdings LLC 8121 Walnut Cir Omaha NE 68124 1448 Prosperity Properties LLC 2300 Gervais Hills Dr Little Canada MN 55117 6039 Scott & Lisa Zak 2300 Gervais Hills Dr Little Canada MN 55117 6039 Wednesday, September 23, 2020 Page 1 of 1 1244264 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/14/2020 11:47 AM FEE: 46.00 PAGES 3 WELL CERTIFICATE REC’D: N DOCUMENT RECORDED ELECTRONICALLY No Delinquent taxes and transfer entered. Certificate of Real Estate Value (X)filed ( ) not required. CRV No.: 1137538 Date: 9714/2020 WAYNE STEIN, County Auditor/Treasurer by T/U, Deputy 08000990630000 (Top 3 Inches reserved for recording data) Minnesota Uniform Conveyancing Blanks _________________Form 10.1.11 (2013) WARRANTY DEED Business Entity to Joint Tenants ))3153S DEED TAX DUE: $260.70 DATE: August 20, 2020 FOR V/U.UABLE CONSIDERATION, Prosperity Properties, LLC, a Minnesota Limited Liability Company, a Limited Liability Company under the laws of MN ("Grantor”), hereby conveys and warrants to James Harris and Jean Harris ("Grantee"), as joint tenants, real property in Otter Tail County, Minnesota, legally described as follows: Legal description attached hereto and made a part hereof marked Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: GrantorCheck applicable box: @ The Seller certifies that the Seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: □ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ProsperityPropertids/LLCiaMifinespta Limited LiabilifyCompa/fy/ ^ Jy )■ BY: ScQj Chief Manager COUNTY OF OTTER TAIL STATE OF MINNESOTA Deed Tax: $260.70 Number 7300 Date: 9/14/2020 WAYNE STEIN, County Auditor/Treasurer by kag. Deputy Page 1 of 3 Otter Tail County, Minnesota 1244264 1 of 3 Minnesota Uniform Conveyancing Blanks Form 10.1.11Page 2 of 3 State of Minnesota, County of Otter Tail This instrument was acknowledged before me on August 20, 2020, by Scott Zak as Chief Properties, LLC, a Minnesota Limited Liability Company,. I \ \■iger of Prosperity !h JOOILSAZAMA fj NOTARY PUBUC-MINNESOTA ^ MyComni8SionE«i*8sJAN.31,2025 j iaUfficer)(signature of:(0III:I1 ttleiand Rank):i My commission expires:totifhfday/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO:James Harris and Jean Harris THIS INSTRUMENT WAS DRAFTED BY: All American Title 645 3rd Avenue SE Perham, MN 56573 File No.: 103316-20-07 rnn tter Tail County, Minnesota 1244264 2 of 3 Minnesota Uniform Conveyancing Blanks Form 10.1.11Page 3 of 3 EXHIBIT "A" Lot 8, Block 2, Prosperity Point, Otter Tail County, Minnesota. Abstract Property Otter Tail County, Minnesota 1244264 3 of 3 Amy Busko Jennifer Bergeson <Jennifer.Bergeson@hilton.com> Wednesday, October 7, 2020 12:37 AM Amy Busko Jacob Gunderson Opposed to the Variance Request for Harris - Lot 8/Block 2/Prosperity Point/Lake Ida From: Sent: To: Cc: Subject: HighImportance: Good morning, Amy. Thank you for taking the time to speak with me regarding the Harris variance request for Lake Ida/Prosperity Point/Block 2/Lot 8. Can you please forward this email of opposition regarding the Harris variance request along to be shared at the variance request meeting? Our names are Jennifer Bergeson and Jacob Gunderson and we are the owners of Lots 6 & 7 in Block 1 and Lots 6 & 7 Block 2 of Prosperity Point on Campfire Road. We are writing to express our strong opposition to Lot 8/Block 2 being granted a variance to build in the currently non-buildable area that does not adhere to the setbacks. The requested area for the variance sits directly next to our Lot 7/Block 2 and directly across the road from our Lot 7/Block 1 (we share 2 of the 3 borders with the property requesting the variance). We purchased Lots 6 & 7 in Block 1 (Lake Trowbridge side) and Lots 6 & 7 in Block 2 (Ida Lake side), wanting to prevent additional development near us and preserve as much of the wooded area as possible. We specifically purchased Lot 7/Block 2 (adjacent to the Harrises' Lot 8 - Ida Lake side in question) to ensure no one would build behind us (our cabin is located on Lot 7/Block 1 on the Trowbridge side next to the Harris residence). We looked at the entire development map at that time and it was very clear that no one would be able to build near us on Lot 8 as there was not any buildable area on that end of the lot following the setbacks, and there is an abundance of buildable area following ALL setbacks on the other end of the lot, so we did not purchase that one as well. The Harrises just purchased the aforementioned Lot 8 this summer (2020) knowing all of the setback guidelines and location of the buildable area. We are strongly opposed to any variance being granted for building outside of the already established setbacks on Lot 8 Block 2 for the following reasons: The new development was created with each lot having ample buildable space following the designated setbacks. It is setting a precedence for every other lot in the development to do the same and not follow setbacks. We paid to move a cabin/shed on Lot 6/Block 2 (2 lots down on the same side as the Harris Lot 8/Block 2) to ensure it was 200 feet back from Ida Lake when the development was established just a few years ago. It was approximately 120 feet back from the lake prior to moving it more than 200 feet back. This would have been similarly placed in relation to the setbacks where the Harrises are proposing erecting a structure, before it had to be moved to the buildable area that met all setbacks. We have spent $125,000 on Lot 7, Block 2 in order to ensure we would not have development behind our residence and also verified at the time that Lot 8 did not have any buildable space near us so we would not need to purchase that lot in order to prevent further development near us. Granting this variance would allow Lot 8 to be developed in an area that was designated to be left untouched according to the county's setbacks. Allowing a garage to be erected in the non-buildable space leaves all of the actual allotted buildable space available for future development for additional garage(s) and/or a house should the Harrises choose to sell the land/share the land with any other buyers once their garage built outside the buildable area has been erected. There is also the potential for living space to be added to this structure once it is built. 1) 2) 3) 4) 5) 1 6) This is a 2"'* garage/storage garage for the Harris' who already have a garage attached to their new home. They do have multiple transportation options available to ensure mobility back and forth to the buildable area where they could erect their 2"'* garage/storage garage. 7) The Harrises were aware of the setbacks and the buildable area when they purchased the lot this summer. Again this lot was designed with ample buildable area that adheres to all setbacks. We appreciate your consideration of our opposition to granting this variance, and acknowledgement of our concerns as we are the land owners of the both the Lot 7/Block 2 adjacent to (right next to the proposed structure), and the Lot 7/Block 1 which is directly across from the proposed structure and we are the residents that are impacted by this proposed structure. See the additional info we added to the Harris diagram below where you can clearly see where the proposed structure is at in relation to our lots. SCALE DRAWING r OHM Tdn Parcc'l Number(s) signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all i-iting and/or proposed structures, septic tanks, drainfields, lot lines, road right-of-ways, easements, OHWI ‘ / e*ls, wetlands, topographic fealures (i.e. bluffs), and onsite impervious surface calculations. i:ale; linch’^ IOC feeT Sienature Date K3 tw ^ E iBergeson - Lot 7/Block 2 |0 ^ L oii 111* Bergeson Residence - Lot 7/Block 1 n«. O ^ drc (Vi- Proposed Harris garage NOT following setbacks UJ u. ' bar k Q. E u > Loke. O'i Goo 9‘JO (i300cd> 2 Thank you, Jennifer Bergeson & Jacob Gunderson 312-446-2177 & 218-234-6883 This transmission is not a digitai or eiectronic signature and cannot be used to form, document, or authenticate a contract. Hiiton and its affiliates accept no liability arising in connection with this transmission. Copyright 2020 Hilton Proprietary and Confidential 3 Amy Busko Amy Busko Wednesday, October 7, 2020 8:07 AM Jack Rosenthal; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair; Kyle Westergard FW: Opposed to the Variance Request for Harris - Lot 8/Block 2/Prosperity;Point/Lake From; Sent: To: Cc: Subject: Ida HighImportance: ReadRecipient Jack Rosenthal Tracking: Chris LeClair Read: 10/7/2020 8:09 AM Kyle Westergard Darren Newville Douglas Larson Michael Donoho Terry Marthaler Thomas (Tom) Lee Here is correspondence to a variance request Thanks AMY From: Jennifer Bergeson <Jennifer.Bergeson(5)hilton.com> Sent: Wednesday, October 7, 2020 12:37 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Cc: Jacob Gunderson <jgunderson33(5)hotmail.com> Subject: Opposed to the Variance Request for Harris - Lot 8/Block 2/Prosperity Point/Lake Ida Importance: High Good morning, Amy. Thank you for taking the time to speak with me regarding the Harris variance request for Lake Ida/Prosperity Point/Block 2/Lot 8. Can you please forward this email of opposition regarding the Harris variance request along to be shared at the variance request meeting? Our names are Jennifer Bergeson and Jacob Gunderson and we are the owners of Lots 6 & 7 in Block 1 and Lots 6 & 7 Block 2 of Prosperity Point on Campfire Road. We are writing to express our strong opposition to Lot 8/Block 2 being granted a variance to build in the currently non-buildable area that does not adhere to the setbacks. The requested area for the variance sits directly next to our Lot 7/Block 2 and directly across the road from our Lot 7/Block 1 (we share 2 of the 3 borders with the property requesting the variance). 1 Amy Busko Sandy & Howard Gilje <shgilje@bis.midco.net> Wednesday, September 16, 2020 9:20 PM Amy Busko Approval From: Sent: RECEIVED SEP 24 2020 UND8RESOURCI To: Subject: Follow up Flagged Follow Up Flag: Flag Status: To whom it may concern. We approve of Jim and Jeanne Harris's variance request on Lake Ida. Sandy and Howard Gilje Lot 11 1 Amy Busko Mary Zink <noelmary7@gmail.com> Thursday, September 17, 2020 7:14 AM Amy Busko Jean & Jim Harris’s variance From: Sent: To:RECEIVED SEP 2^ 2020 LANDS RESOURCE Subject: Follow up Flagged Follow Up Flag: Flag Status: Attention: Amy Busko, Permit Technician, Land & Resources Management We, Ross & Mary Zink, approve of the Harris request for a variance on Lake Ida. Thank you. Ross & Mary Zink Lot #5, Lake Ida 48314 Campfire Rd, Vergas, MN 56587 1 Amy Busko scott covenantcapitalfund.com <scott@covenantcapitalfund.com> Thursday, September 17, 2020 11:25 AM Amy Busko Harris lot 8 block 2 prosperity point variance application From; Sent;received SEP 2 h 2020 LAND&RESOURCf To; Subject; Follow up Flagged Follow Up Flag; Flag Status; Hi Amy, I am a neighbor to Jim and Jeanne Harris in our Prosperity Point development and I am writing to support their application for variance to build a garage on their lot (8) located in block 2 of the development. Please feel free to reach out to me directly with any questions. Thank you, Scott Zak 48265 Campfire Road (Lot 5 Block 1) Vergas, MN 56587 763-442-2541 1 Amy Busko Sue Eickschen < sue.eickschen@arvig.com > Thursday, September 17, 2020 2:45 PM Amy Busko Jim & Jean Harris request for variance on Lake Ida From: Sent:RECEIVED SEP 2 4 2020 LANDS, RESOURCE To: Subject: Follow up Flagged Follow Up Flag: Flag Status: Hi Amy, Dan and I have no issues with the Harris' request for a variance on Lake Ida. In fact, we far prefer it over other possibilities. Dan and Sue Eickschen Prosperity Point Development, Lot 12 Trowbridge Lake 1 Amy Busko Kristi Curoe <bikernnom2713@gmail.com> Friday, September 18, 2020 8:16 AM Amy Busko Harris Application: Lake Ida From: Sent:received SEP 2 h 2020 land & RESOURCF To: Subject: Follow up Flagged Follow Up Flag: Flag Status: Amy, We are in support of the Harris application for a variance on Lake Ida. Tim and Kristi Curoe 48311 Campfire Rd Vergas, MN 56587 Prosperity Point Lots 3 and 4 Bikermom2713@gmail.com Thank you, Kristi Curoe 1 Amy Busko David Colemer <david.colemer@gmail.com> Friday, September 18, 2020 4:03 PM Amy Busko Harris variance request From: Sent: To: RECEIVED SEP 2 S 2020 LAND8RESOURCI Subject: Follow up Flagged Follow Up Flag: Flag Status: Attention: Amy Busko, Permit Technician, Land & Resources Management We, David & Krista Colemer, approve of the Harris request for a variance on Lake Ida. Thank you. David & Krista Colemer Lot #4, Lake Ida 48320 Campfire Rd, Verges, MN 56587 1 Amy Busko Nicole Ecker <nicoleeckerl993@gmail.com> Monday, September 21, 2020 9:52 AM Amy Busko Lake Ida Variance From: Sent:received SEP 24 2020 LAND&RESOURCi To: Subject: Follow up Flagged Follow Up Flag: Flag Status: We approve the Flarris' application for a variance on Lake Ida. Thanks, Brian and Nicole Ecker 48073 Campfire Road Vergas, MN 56587 Lot #9 1 Amy Busko Bryan Gelinske <bgelinsk76@gnnail.com> Thursday, September 24, 2020 8:36 AM Amy Busko; Tifanie Gelinske Regarding Variance Request for Jim &l Jean Harris - Lake Ida-Trowbridge From: Sent: To: Subject: RECEIVED SEP 2 4 2020 LANDS RESOURCE Follow up Flagged Follow Up Flag: Flag Status: Good Morning, Tifanie and I fully support Jim and Jean Harris's request for a setback variance on Lot# 8 of Prosperity Point development. We are on Lot# 10 opposite of Lot# 8. If you have any questions please don't hesitate to contact us. Regards, Bryan & Tifanie Gelinske 1602 3rd St N Fargo, ND 58102 1 , I Amy Busko SHANE Talley <shane.talley@msn.com> Thursday, September 24, 2020 9:52 AM Amy Busko Harris variance From: Sent:RECEIVED SEP 2 4 2020 LAND&RESOURCr To: Subject: Follow up Flagged Follow Up Flag: Flag Status: Hello Amy, I am writing this email to express my support for the Harris application for a variance on Lake Ida. The request, in my opinion is a common sense solution that does not violate the spirit of the rule. Thank you for for your consideration of this matter. Sincerely, Shane Talley 48361 Campfire Road Vergas, MN Get Outlook for Android 1 Amy Busko Amy Busko Thursday, September 24, 2020 3:03 PM Chris LeGlair; Kyle Westergard; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Harris Variance Request SPRTLR022009241,4570.pdf From: Sent: To: Subject: Attachments: Recipient Chris LeClair ReadTracking: Read: 9/24/2020 3:04 PM Kyle Westergard Darren Newville Douglas Larson Michael Donoho Terry Marthaler Thomas (Tom) Lee Good afternoon - Attached is some correspondence I received in regards to a variance application (Harris) that will be heard at the October BOA Meeting in support for the reqeust. Your packets are being mailed today and there are 15 Applicants for October. Have a great day Amy From: PRTLR02(aCO.OTTERTAILMN.US <PRTLR02@CO.OTTERTAILMN.US> Sent: Thursday, September 24, 2020 2:57 PM To: Amy Busko <ABusko(®co.ottertail.mn.us> Subject: Scan from OTC Land & Resource 1