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Home My WebLink About37000990758000_Variances_10-13-20161181918 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 10/18/2016 3:31 PM oo RECEIVED SEP 21 2016 lands RESOURCE 0.0 s SCNI FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD: N 'CO L&R Initial THE ABOVE SPACE IS RESERVE^O^TH^OUtJ^^ECORDE^^^^^^^^^^^^^^ APPLICATION FOR VARIANCE 3^ P.in / 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 Receipt Number “ZONyr - \~l2~ 10^^ Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK 4 CL MAILING ADDRESS 74/ /.'TtL LAKE NUMBER 'IHi LAKE NAME / / Ofl SECTION 15 TOWNSHIP / ^L? RANGE VZ- TOWNSHIP NAME /- / C^R PARCEL NUMBER 57 CCyl y Hn'7'SBc^r^C) J j r'S? >'-/ €y DAYTIME PHONE P( i/Jp hT/k'r^i n ^ NO, bi7K 5^0 7^ - Vr?r7 g'/T PROPERTY OWNER t LAKE CLASS E-911 ADDRESS ^cxvp> LEGAL DESCRIPTION /^r5 <?6- arvk 2^ 3/ock 3 l/OR Shores TYPE OF VARIANCE REQUESTED (Please Check) Sewage System ^ SubdivisionStructure Setback Structure Size Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. f I ^r . c/Z. I y ly~t J^S *> L<P<Z. LUOi.^ 14 / < 1=^ ^ €f ^\jO f t^QtsjC^ ~f~h^ \aj€j /foi-ly ^ C\ SPc-<J^y^ ( Ujay QX O. /r ^ i(\jm) <5/fyr) c^,^T c?/-lA •f-4//v Dt f 7-0 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. 3.1- i 6aSIGNATURE 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 TimeDate Of Hearing Motion Rodney Asser and Cheryl Earley - Variance application approved as requested with a condition. (8:05 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to approve the variance as described in the variance application dated September 21,2016 and as depicted on the drawing submitted with the variance application with the condition that the most southerly tank must be moved to the north of the northerly tank. The variance as approved does not directly or indirectly grant any other variance for future development. Chairman/Otter^Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No LjR Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Rodney Asser and Cheryl Earley - Variance application approved as requested with a condition. (8:05 p.m.) Rodney Asser and Cheryl Earley, Lots 25 and 26 Block 3 Lida Shores Addition, requested the following: We have a newly installed 3000 gallon sewage holding tank system which was inadvertently installed within a private drive right-of-way as platted. We would like to get a variance to leave tanks as installed. The new tanks we needed because in the process of selling property a sewage inspection was required and found cuiTent system was noncompliant and within a bluff zone. Merle Earley appeared with the applicants at the public hearing. The audience was polled with no one speaking for or against the variance as requested. An email from Dan Fankhanel in support of the modified plan was read for the record. After discussion and consideration, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to approve the variance as described in the variance application dated September 21, 2016 and as depicted on the drawing submitted with the variance application with the condition that the most southerly tank must be moved to the north of the northerly tank. The variance as approved does not directly or indirectly grant any other variance for future development. Kenneth Schwarzrock - Approved the outside grilling area and denied the swing set location. (8:10 p.m.) Kemieth Schwarzrock, Lot 1 Rose Lake Beach and part of Government Lot 4, Section 22 of Hobart Township by Rose Lake, requested the following: Building an outside grilling area on existing impervious patio. This structure is not 100' from water. It is behind line of site for existing dwelling. The outdoor grill is IT from the ordinary high water level. Also, keep the existing swing set with tower in its current location which is up to the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. An email from Larry Madson expressing concerns with the placement of the grilling area and the playground equipment was read for the record. A letter from Corey Nyhus in support of the variance as requested was read for the record. After discussion and consideration. Jack Rosenthal made a motion, seconded by Damen Newville, and carried with Thomas Lee voting no, to approve the variance as requested for the outdoor grilling area and to deny the variance as requested for the location of the existing swing set. The outdoor grilling area does not obstruct the view from the adjacent properties. Concern for safety is the primary reason the swing set location was denied, fhe variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Carrie Asmus ET AL - Approved with conditions the variances as requested with the exception of the variance for the holding tank which was denied. (8:22 p.m.) Carrie Asmus ET AL, part of Lot 12 Block 4, I.ake Lida in Lida Township, requested the following: request a variance to lot line, road right-of-way and ordinary high water level. Remove existing cabin, replace with a 28' by 56' home with a 12’ by 21’ attached garage, rebuild an 8’ by 22’ screened porch at same location. New construction to be no closer to lake or road right-of- way than existing approximately 27’ from lake and 16’ from road right-of-way. Also request to exceed the building impervious surface by 1.5% - total to be 21.5% and shore impact zone impervious surface by 836 square feet for a total of 1096 square feet. Would also like to request to remain 8’ from holding tank. Requests are due to substandard lot size. Leo Cltristiansen appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and unanimously carried, to approve all of the variances as requested in the variance application dated September 20. 2016, with the exception of the variance as requested from the holding tank, for the replacement of an existing cabin with a 28’ by 56’ home, a 12’ by 21’ attached garage, and a rebuilt 8’ by 22’ screen porch being approximately 27’ from the ordinary high water level, 16’ from the road right-of-way and at least 10’ from the holding tank w'ith the condition that the 3’ vertical separation must be maintain and with the condition that no more than 25% of the total lot area can be covered with impervious surfaces. Included in the approval is the request to exceed the building impervious surface coverage by 1.5% so long as the total impervious surface coverage does not exceed 25% and to approve 1,096 square feet of impervious surface coverage within the shore impact zone. Hardship/practical difficult is a substandard lot of record. Annette Trupeau - Approved the variance application as requested. (8:32 p.m.) Annette Trupeau, Lot 35 Fair Oaks, West Battle Lake in Girard Township, requested the following; hardship substandard lot of record and existing placement of dwellings. Remove highlighted pavers and add addition in their place. Variance 12’ from road right-of-way setback. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously can ied, to approve a variance of 12’ from the required road right-of-way setback of 20’ for the proposed development as described in the variance application dated September 22, 2016 and as depicted on the drawing submitted with the application. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for future development. October 13, 2016Page 14 RECEIVED SEP 21 m LAND & RESOURCE IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Z2o So Other Impervious SurfaceBuildings ProposedExistingProposedExistingFt^Ft^Ft^Ft^ Deck(s)Dwelling / / o y Patio(s)Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed /?/ ODriveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier)I Miscellaneous TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Total Lot AreaProposedExistingFt^Ft^fPFt^Total Buildings Z.o^ 7 o Z2-C>SO 100X+= Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaTotalProposedExistingTotal Buildings + Other Impervious Surface Ft^Ft^Ft^Ft^ O.Zdisa 100X+T- Impervious Surface Calculation Worksheet 04-11-2016 Si g n atu Date OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO OTTER-TAIL MN US ' : 9TTCRTft;i GOVERNMENT SERVICES CENTER 540 WEST RR AVENUE FERGUS FALLS. MN 56537 218-998-8095 FAX: 218-998-8112 7/28/2016 received SEP 21 2016 RESOURCE Rodney Aaser & Cheryl Earley 761 15th Ave E West Fargo ND 58078 4019 RE: Primary Owner: Rodney Aaser & Cheryl Earley Sewage Treatment System Servicing Tax Parcel Number: 37000990758000 Described as;Sec 15 Twp Lida Township Sect-15 Twp-136 Range-042 LIDA SHORES LOT 25 BLK 3 & LOT 26 BLK 3 Lake; 56-747 Lida As of 07/27/2016 the holding tank (Sewage Treatment Installation Permit # 24142 servicing your property was determined to be in compliance with the provisions of the Sanitation Code of Otter Tail County. Please be advised that this certification is only valid for five years from the date of this inspection 7/27/2021. If you have any questions regarding this matter, please contact our office. Sincerely Eric Babolian Inspector Notice of Hearing for Variance QtterTail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Rodney Aasers and Cheryl Earley 761 15^'^ Ave E WestFargo.ND 58078-4019 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 13, 2016 at 7:30 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 pubiic hearing. ' The property concerned in the application is legally described as Lots 25 and 26 Lida Shores Addition, I Property Address - 25824 Lida Shores Loop Section 15, Township 136, Range 42 - Township Name - Lida Lake No. 56-747, Lake Name - Lida, Class - GD r. The variance requested is - the foliowing: We have a newiy instaiied 3000 gailon sewage holding tank system which was inadvertently instaiied within a private drive right-of-way as piatted. We wouid iike to get a variance to ieave tanks as instaiied. The new tanks we needed because in the process of selling property a sewage inspection was required and found current system was noncornpiiant and within a biuff zone. Stein Board of Adjustment Secretary September 23, 2016 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 27th, day of September, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: I Rodney Aaser & Cheryl Earley, 761 15*^ Aye E, West Fargo, ND 58078 4019 Lake Lida Assoc., Bob Engelstad, 1506 S 12*'^ St, Moorhead, MN 56560 Denise Boe, Twp Clerk of Lida, PO Box 38^, Pelican Rapids,MN 56572 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, OTC HWY Engineer, 505 S. bourt St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65,’ Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Darren M Newville, 614 6“’ St NE, Perham, MN 56573 Jack Rosenthal, 150 Willow Road, Ottertail, 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, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: September 27th, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud 1. RICHARD & KRISTIE BUCKLEY 143 15TH AVE;e WEST FARGO, *ND 58078 4261 RODNEY AASER & CHERYL EARLEY 7611^1'HAVEE WEST FARGO, ND 58078 4019 JASON A ERICKSTAD 25834 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7549 MARK M & BARBARA GONTAREK 25882 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7549 DAN & KARENIfANKHANEL 707 8TH AVE SE BARNESVILLE, MN 56514 3932 TODD M & SHANNON E ERNE 12985 VERMILLION CTNE MINNEAPOLIS, MN 55449 5388 BRIAN M & TRACI,A JACOBSON 1064 PARKWAY LN WEST FARGO, ND 58078 8119 JOHN F & SUSANNE R JACOBS 14021 HEMLOCK LN , DAYTON, MN 55327 9564 KRATZKE FAMILY TST 25479 COUNTY HIGHWAY 4 PELICAN RAPIDS, MN 56572 7506 ■I LEBAHN'S LIDA LAKEHOME LLC 25854 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7549 MONROE TST 4025 NEVADA AVE N NEW HOPE„MN 55427 1339 JANE NELSON TST 7141 WOODLAND CIR HORACE, ND 58047 4812 STEVEN SCHMIDT 25888 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7549 JOSEPH M & TAMARA D SEIFERT 25896 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7549 ALLEN & CONNIE PLATT 25787 LIDA SHORES LOOP PELICAN RAPIDS, MN 56572 7509 GARY A & JODY A WILDE 16552 COUNTY HIGHWAY 118 ELIZABETH, MN 56533 9575 WILLIAM & NAOMI VINING 3540 UNIVERSITY DR S UNIT 350 FARGO, ND 58104 6282 PAULK WICK 3 32ND AVE NE. FARGO, ND 58102 1261 ; Alexander Kvidt Dan Fankhanel <danfankhanel@icloud.com> Wednesday, October 12, 2016 1:55 PM Alexander Kvidt Yes it is ok to move south tank north of other tank Dan fankhanel From: Sent: To: Subject: Sent from my iPhone Sent from my iPhone Sent from my iPhonei Sent from my iPhone ; 1 /DOC# 1152668 1152668 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate \ ] Rec'd December 15, 2014 1:20 PM Brian Armstrong, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTANo delinquent taxes and transfer entered; Certificate of ' Real Estate Value ( ) filed ( [/ ) not required. Certificate of Real Estate Value No. ,, 1 (Year)Returned To: SERKLAND LAW FIRM 10 ROBERTSA STREET PC BOX 6017 FARGO, ND 58108-6017 Wayne Stein, County Auditor By: LLby. 5looo^<\07^'s000 Deputy (Top 3 inches reserved for recording data) DEED OF DISTRIBUTION by Individual Personal Representative NO DEED TAX DLE^^DATE: [rnor.iii/a'ay/year] Rodney Aaser, as Personal Representative of the Estate of Shirley D. Aaser, Decedent (“Grantor”), hereby conveys and quitclaims to Rodney Aaser nad Cheryl Earley (“Grantees"), real properly in Otter Tail County, Minnesota, legally described as follows: Lot Twenty-Five (25), of Block Three (3), Lida Shores, Otter Tail County, Minnesota, as shown on the registered plat on file and of record thereof. AND Lot Twenty-six (26), of Block Three (3), "Lida Shores”, Lake Lida, as shown on registered plat on file and of record, thereof. • ;Check here if all or part of the described real properly is Registered (Torrens) Q • • together with all hereditaments and appurtenances belonging thereto. Grantor Rodney Aaser ^ By: RECEIVED SEP 21 2016 LAND 8 RESOURCE (The remainder of this page intentionally left blank.) Note: This deed should be used only for distribution. Page 1 of 2ECB-1051 ’^2) *•' Page 2 of 2 (^2)DEED OF DISTRIBUTION State of i^oyl'h Off^lc-olA County of 5 This instrument was acknowledged before me on this^^^day of Or.HlgtrK . 2014,.by Rodney Aaser as Personal Representative of the Estate of Shirley D. Aaser, Decedent. (SgnalureoSiiQacalolficerl ^ (Stamp) ANGELA HEIDEN Notary Public State of North Dakota My Commission Expires February 20.2019 Title (and Rank): CjVf^-hlW4^ fg/vftL- My commission expires; ^_________________ (monttVday/yeir) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: THIS INSTRUMENT WAS DRAFTED BY: Timothy G. Richard (MN # 028371X) SERKUND LAW FIRM 10 Roberts Street PO Box 6017 Fargo, ND 58108-6017 (701)232-8957 Cheryl Earley I 2306 St. Clair Circle I Detroit Ukes, MN 56501 Rodney Aaser 76110'" Avenue East West Fargo, ND 58078 ♦ t ; \! f-' r,r n n/7 Jl! 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