HomeMy WebLinkAbout37000270141002_Variances_08-04-2011• ■'
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Well' Ceitificdte [ ■ n.-.-vj
Ceft'fieo. Fileo and/or Recorded
A'.iOL'st.ns 2011 3 15 PM
Wendy L. Metcalf, Recorder
fietutned Tq.
land & RESOURCE
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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
-NcoApplication Fee
Il5gr7COMPLETE THIS APPLICATION IN BLACK INK Receipt Number ,
Accepted By / Date
PROPERTY OWNER DAYTIME PHONE
/~ompp ///MAILING ADDRESS
LAKE NUMBER LAKE NAME LAKE CLASS
/-r o4ym.XISECTION TOWNSHIP RANGE TOWNSHIP NAME
&(/PARCEL
NUMBER 3l00OXl07W^X E-911
ADDRESS
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TY^E OF variance REQUESTED (Please Check) ">03 (kj> *7 V)Pr&C ycJPp
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SuDdivision
LEGAL DESCRIPTION
Structure Setback Structure Size Sewage System Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
SIGNATURE OF PROPER
7-/3-//
TY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
idOD
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YDate Of Hearing Time
Motion
Mark and Anita Anderson - Application approved as requested with a condition. (7:40 p.m.)
After consideration and discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to
approve the variance as described in the variance application dated July 13, 2011 with the condition that the area within proposed
Parcel B cannot be used when calculating imperious surface coverage for Parcel C. Practical difficulty is the terrain and shape of
the applicants' property.
lairman/OtterN ail County Board ^Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
X No zv-/.
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W//Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L R Official/Date
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
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I PROPOSED LEGAL DESCRIPTION - PARCEL A
’That port of Government Lots 4 and 5, Section 27, Township 136, Range 42, Otter Toil County,
Minnesota, described as follows:
Commencing at the southwesterly corner of said Government Lot 5; thence North 00 degrees 06
minutes 35 seconds East on an assumed bearing along the west line of said Section 27 a
distance of 155.01 feet; thence North 58 degrees 08 minutes 55 seconds East a distance of
1088.24 feet to a point hereinafter referred to as Point A; thence continuing North 58 degrees 08
minutes 55 seconds East a distance of 383.88 feet; thence South 45 degrees 07 minutes 25
seconds East a distance of 56.99 feet; thence North 74 degrees 22 minutes 08 seconds East a
distance of 37.69 feet to the point of beginning of the parcel to be described; thence South 74
degrees 22 minutes 08 seconds West a distance of 37.69 feet; thence South 45 degrees 07
minutes 25 seconds East a distance of 273.67 feet; thence South 58 degrees 51 minutes 20
seconds East a distance of 359.96 feet; thence South 77 degrees 59 minutes 10 seconds East a
distance of 201.26 feet; thence South 11 degrees 41 minutes 28 seconds West a distance of 120
feet, more or less to the shoreline of Lake Lida; thence Westerly, Northwesterly, Westei'ly and
Southwesterly along said shoreline a distance of 1174 feet, more or less to its intersection with a
line bearing South 63 degrees 23 minutes 36 seconds East from Point A; thence North 63
degrees 23 minutes 36 seconds West along said line a distance of 166 feet, more or less to
Point A; thence North 20 degrees 30 minutes 35 seconds East a distance of 100.56 leet; thence
North 01 degrees 37 minutes 17 seconds West a distance of 145 feet, more or less to the
shoreline of Lake Lida; thence Easterly and Northeasterly along said shoreline a distance of 314
feet, more or less to its intersection with a line bearing North 31 degrees 56 minutes 57 seconds
West from the point of beginning; thence South 31 degrees 56 minutes 57 seconds East along
said line a distance of 155 feet, more or less to the point of beginning.
Subject to roadways and easements or record, if any.
Containing 170,628 square feet or 3.92 acres, more or less.
\ V(P
Together with that part of Government Lot 5, Section 27, Township 136, Range 42, Otter Tail
County, Minnesota, described as follows;
Commencing at the southwesterly corner of said Government Lot 5; thence North 00 degrees 06
minutes 35 seconds East on on assumed bearing along the west line of said Section .27 a
distance of 155.01 feet; thence North 58 degrees 08 minutes 55 seconds East a distc nee of
1088.24 feet to a point hereinafter referred to as Point A; thence South 63 degrees 23 minutes
36 seconds East a distance of 165.95 feet to the shoreline of Lake Lida as field loca';ed on May
18th, 2004 said intersection being the point to beginning of the parcel to be describee; thence
South 63 degrees 39 minutes 06 seconds East a distance of 26 feet more or less to the
shoreline of Lake Lida as shown on a survey by Robert B. Oslund dated September 20th, 1996;
thence Southerly 284 feet more or less along said shoreline to the northwesterly line of Lot C os
shown on previously mentioned Oslund survey; thence South 48 degrees 23 minutes 51 seconds
West along said northwesterly line a distance of 74 feet, more or less to the shoreline of said
Lake Lida as field located on May 18th, 2004; thence northerly along said shoreline a distance of
343 feet more or less to the point of beginning.
Subject tc roadways and easements or record, if any.
Containing 12,448 square feet or 0.28 acres, more or less.
LAKE LIDA I* N l / I I -» I J I
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August 4, 2011
Page # 2
1Randall Olson - Application approved as requested. (7:19 p.m.)
Randall Olson, part of Government Lot 5, Section 27 of Lida Township by Lake Lida, requested a variance of 22’ from
the required ordinary high water level setback of 75’ for the placement of dwelling 53’ from the ordinary high water
level. Dean Drewes, Up North Construction, the applicant’s contractor appeared with the applicant at the public
hearing. The audience was polled with,no one speaking for or against the variance as requested. After consideratiph
and discussion, Randall Mann made a motion, seconded by Paul Larson and unanimously carried, to approve a
variance of 22’ from the required ordinary high water level setback of 75’ for the placement of a dwelling 53’ from the
ordinary high water level. The proposed development is no closer to the ordinary high water level than the existing
structure and is within the building line. It should be noted that the variance as approved does not directly or
indirectly grant any other variance for the proposed development.
Gregory and Kathleen Truax - Application approved as modified. (7:22 p.m.)
Gregory and Kathleen Truax, Sub Lot C of the Northwest Quarter of the Northeast Quarter, Section 11 of Aurdal
Township by Fish Lake, requested a variance of 100’ from the required ordinary high water level setback of 200’ and a
variance of 7’ from the required side lot line setback of 10’ for the construction of a garage 100’ from the ordinary high
water level and 3’ from the side lot line. The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion; Randall Mann made a motion, seconded by Steve Schierer and
carried with Michael Harris voting no, to approve a variance of 100’ from the required ordinary high water level
setback of 200’ and a variance of 3’ from the required side lot line setback of 10’ for the construction of a garage 100’
from the ordinary high water level and 7’ from the side lot line! The practical difficulty is the unique shape and contour
of applicants’ property. It was noted that the applicants’ property is.a substandard lot. It was also suggested that the
applicants might considered a smaller structure to maintain the desired separation between the existing house and
the proposed garage.
Dennis and Shirley Dayidson - Application approved as requested with a condition. (7:32 p.m.)
Dennis and Shirley Davidson, Lots 2 and 3 Gulliver’s Travels, Paul Lake in Edna Township, requested the following:
Per application - We want to add a second story room above an existing basement room. Per Land and Resource
Department Notes - the variance requested is a variance of 30’ from the required top of bluff setback of 30’ and a
variance of 16’ from the required ordinary high water level setback of 100’ for the placement of the proposed
development 0’ from the top of the bluff and 84’ from the ordinary high water level. An email from Roger Neitzke in
support of the variance as requested was read for the record., The audience was polled with no one speaking for or
against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by
Thomas Lee and carried to approve a variance of 30’ from the required top of bluff setback of 30’ and a variance of
16’ from the required ordinary high water level setback of 100’ for the placement of the proposed development 0’ from
the top of the bluff and 84’ from the ordinary high water level with the cohdition that the applicants must obtain
professional certification (engineer/licensed contractor) stating that the existing structure and foundation can support
the proposed development and if the existing structure/foundation cannot support the proposed development then this
approval also grants the applicants permission to place appropriate footings in the bluff If the existing
structure/foundation cannot support the proposed development then the placement of footings to support the
proposed development will protect the bluff area.
ark and Anita Anderson - Application approved as requested with a condition. (7:40 p.m.)
Mark and Anita Anderson, part of Government Lots 4 and 5, Section 27 of Lida Township by Lake Lida, requested a
variance to create two parcels of land out of one (37-000-27-0141-002). Parcel A as depicted on the drawing on file .
with the County-Auditor’s office will remain a single family residential lot with 314 feet of Lake frontage and 37,688 ■
square feet of surface area excluding road right of way and other land owned on other side of road. Parcel B as
depicted on the drawing on file with the County Auditor’s office would be permanently attached to another parcel of
land (Parcel C - 37-000-27-0140-006) and would remain a single family residential lot with 125 feet of lake frontage.
Marty Hanson represented the applicants at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. After consideration arid discussion, Steve Schierer made a motion, seconded by
Michael Harris and unanimously carried, to approve the variance as described in the variance application dated July
13, 2011 with the condition that the area within proposed Parcel B cannot be used when calculating imperious surface
coverage for Parcel C. Practical difficulty is the terrain and shape of the applicants’ property.
1
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I OrncH OP COUMTY niCORDIR i;;^^ CERTIFICATE <PROPOSED LEGAL DESCRIPTION ~ PARCEL A OrTW TAIL WNtanOTAlhw*yewWrllwLoti 4 ond B, BoeiloA 27, Townihlp 13Q, Ron^i 42, OtUir Tol Couoty.
Ulnnotolo, dooorlbod at foHowi]
That port o( Oovimmoni FOR: ANITA A]
dfOroM 01 27 0Iho louthyroiUrV oornor of ooid Covommint Let S’, thmei Ni 3B tfoofldi Eoal on on oioumid boorin^ olenQ th« *mI ln« of ooW Section dItUinBO of tSS.Ol flat; thanca North SB daoroM OB mlnuUi SB aaeonda Coil o dlatonoa of tOM.24 foot to 0 point harotnoflor roforrad Co oa Point A; thonoa eentinuing North S6 deprooi
nda Eeat o dliioneo of 3S3<8S foel) thonoa South 45 dogrooo 07 mtrvjtoa 25 Eoit a dlatonoa of S6.IB fait: thonoa N^h 74 digroaa 22 mlnutoi 08 iioondo Coot o
of 37.89 foot to tho point of bogfnninq of the poretl to bo dooertbod: thonoa South 74iloi 08 toaonda Woat o diitoneo of 37.69 foot; thonoa South 45 dioruoi 07 tndo Coat o dlatonoa of 273.67 fait; thorfoa South 86 dagraoi 5t minlftoa 20 dialonee of 359.96 foot: thonoa South 77 dogroao 89 mlnutoa tO loetindo Eeat a 11 dooroia 41 mbmtaa 26 aoeonda Wait o dlotarwo of ISO Woitor^. Nerthwoatarly, Woato^ ond
IntaroooUon with • «I North 63 '
Cemmerwtng at minutaa PARTOF1GOVTLOT4&5,
ER TAIL COUNT!• Oimlnutoa
ooeondo 35 aooo
diatanflo 22dograio
mlnutoa 25 aoe \
ooeondo Coat o diolon dlatonoa of 201.26 fwooU thonoa South
) tho oheroifno of
ogroiUdolfoot, mero or (oao
Seuthwoatarly along oi Hno booring South 63 dog^aao 2j mlmriof . Point A; thanca North
01 da^ooo iherollna of Lekt foot, mero or Woot from tha
thonoaLoha
oW ahoratlna e dlatonoa of 1174 foot, mera or looa dogroao 23 miruitoo 36 aieondi Coat from Point A 36 aooande Woot otong ooid 9na o t 20 dogroao 30 mlnutoa 39 toe 37 minutaa 17 aaeortda Waat o die
Ude: tharwa Coatorly ond laio to No fnforoooUon with point of boginntng:155 foot.
to Hithonoa
North 0
i Northooatorly o Ifno bearing South 31 doortoM Uno 0 diotoneo of mero or looa to tho point of toginrdng.
Subject to roodwgyo and oooomonto or rooerd. If orgr.
CentoMng 170,128 oquoro foot or 3.12 ooom, more or toot.
I Lot 6. taotton 27. TewnaM* 136, Ponga 42, OtfarTogatharCeuflO',ef Oowammant i rtbad oa fotlovripRh that portkfilVMOOtO. d
boM Oevommanl Lot 5:■oconda Eoot on on oaaumad boorlng eieng tha waat I:
dlitortea of 195.01 feat; tharK# North 96 dagraaa 08 mlnutea 59 lacondi Cool o dlabnaa of 1DS8.24 foot to 0 point horotneftar rafarrad to oo Poirot A; thanca South 63 dograaa 53 mimiloa
36 aoeondi Coat a diatoneo of 193.65 fact to tha oheraHno of Lake Udo oa fiaid looked on Uay 18th, 2004 toW Intorvoetlen balr>g lha point to beginning of tho poreol to bo dooorlbod', Ihortet a 06 aaeonda Coat o diatonea ef 26 foot more or looa to tho
Pobort 9. Oolund dotad Soptombor 20th, 1996;
I the rwrti
Common thoftoo North 00 dot tho oeuthwaotorly earner ef 'ir;no of aoid SocUmmlnutoo
South 63 dagrooo 36 minute ohorofino of loka Udo os ahoan on thanca S d aurvoy by ioaa oiei^ k. oaeuthorV 264 laat mors or hr •hown on provleuoty monllonod Oolund Peat eieng sold nor Udo 00 field '
6r>o of Lot C OIaoid ahoroSno to Ih 1 tufvoy: thonoa South 46 dogrooa 23 irthwoalorly Ibts o diatoneo ef 74 foot, moro or looa io
Imtad on May 16th, 2004; tttonoo northerly along told to tho point of boginrti^.
hvoitorfy
23 minutoo 6t oooondotho ohoroilno of ooW
ahoroHno o dtotoneo ofLake343foot mero or (ooi
Subject to reedwoyo ond oooomonta or roeord. If ony.
Contohlr>g 12.441 oquoro fool or 0.28 boroo. more
LAKE LIDAi
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Notice of Hearing for Variance
Otter Tail County
Government Services Center
SIOFirAveW
Fergus Falls, MN 56537
(218)998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern;
Mark and Anita Anderson
PO Box 114
Foxhome, MN 56543
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance,: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, August 4,2011 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 Lots 4 and 5,
Property Address - 41653 Bagley Bay Ln
Section 27, Township 136, Range 42 - Township Name - Lida
Lake No. 56-747, Lake Name - Lida, Class - GD
The variance requested is -
a variance to create two parcels of land out of one (37-000-27-0141-002). Parcel A as depicted on the drawing on file
with the County Auditor's office will remain a single family residential lot with 314 feet of Lake frontage and 37,688 square
feet of surface area excluding road right of way and other land owned on other side of road. Parcel B as depicted on the
drawing on file with the County Auditor's office would be permanently attached to another parcel of land (Parcel C - 37-
000-27-0140r006)and would remain a single family residential lot with 125 feet of lake frontage.
Wayne Stein
Board of Adjustment Secretary
i
Date: July 14, 2011
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 15*'', day of July 2011 the attached Notice of Hearing for Variance'was duly served upon the:
individuals listed below and/or included in the attachment:
Mark and Anita Anderson - PO Box 114, Foxhome' MN 56543
Denise Boe, Lida Township Clerk - PO Box 382, Pelican Rapids, MN 56572
Lake Lida Association - Bob Engelstad, 1506 S 12'^, Moorhead, MN 56560
Lake Improvement District - None
Otter Tail County Cola, C/0 John Matteson - 23562 W Silver Lake Rd, Battle Lake,?MN 56515
Richard West, Otter Tail County Highway Engineer - 505 S. Court St., Suite #1, Fergus Falls, MN 56537
Department of Natural Resources - 1509 1®’ Ave N., Fergus Falls, MN 56537
DNR Regional Administrator-2115 Birchmont Beach Road NE, Bemidji, MN 56601
Board of Adjustment;
Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672
Paul R. Larson - 21283 County Highway 65, Henning, MN 56551-9573
Thomas (Tom) Lee - 15600 County Highway 118, Elizabeth, MN 56533-9559
Randall Mann - 532 N Ann St., Fergus Falls, MN 56537 R. Stephen Schierer- 32117 260*^ Ave, Erhard; MN 56534
Marion Gill -40122 Aerovilla Road, Perham, MN 56573
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: July 15, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By;
Vi Manderud