HomeMy WebLinkAbout38000090058000_Variances_07-13-20171193590
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
07/19/2017 1:50 PM^ COCOOD,C?Nl
FEE: 46.00
PAGES 7
WELL CERTIFICATE REC D; N
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CO
L&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 DO v
Receipt Number ^017^7^ Icpcltoll yCOMPLETE THIS APPLICATION IN BLACK INK
Accepted By / Date/Wxj (/lift l7
32-^i'/ Court'l'^ ^
DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
Uy\f\a,\/y\eel^___LAKE CLASSLAKE NAMELAKE NUMBER
y/!3iSECTION___y TOWNSHIP NAMETOWNSHIPRANGE
E-911
ADDRESS
PARCEL
NUMBER
__________Hr^eLtrc<^ og «!, /VmJ SUTii^
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LEGAL DESCRIPTION 5'/^? - /i V- V/6-Cc,
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback V Structure Size WECS Misc.Sewage System Subdivision Cluster
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 / 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.
S.L - J?-/7»
DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
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
,3 3. /a r-'t'TimeDate Of Hearing
Motion
Ervin and Camilla Rocholl Family Trust - Variance application approved as requested. (7:13 p.m.)
After discussion and consideration, Paul Larson made a motion, seconded by Chris McConn and unanimously carried, to approve the
construction of a grain bin approximately 38’ in height and within the required 400’ ordinary high water level setback area as described in the
variance application dated June 19, 2017 and as depicted on the drawing submitted with the application. The variance as approved is consistent
with past actions of the board. It was noted that this is an existing farm site and the proposed structure would be used as a part of the farm
operation. The variances as approved do not directly or indirectly grant any other variances for the proposed development or future
development.
Chairman/Otte^Tail County Boar^J of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
■■.
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1038881
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # 1038881
was filed/lrecorded In this office for record on tfie 1^ day of
_2008 atyZOi)any$nij
f, Coimty R^orrorr
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( / ) not required.
Certificate of Real Estate Value No— ^—_
aaoS-/cT
7 CVear)
Wayne Stein, County Auditor Wen^iLi
by:JUL>vby-C/recorolhiDeputy
.well ite
WARRANTY DEED
Individual to Trustee
STATE DEED TAX
DUE HEREON: $1;65
Dated; December 13, 2007
FOR VALUABLE CONSIDERATION, ERVIN H; ROCHOLL and CAMILLA M.
ROCHOLL, husband and wife. Grantors, hereby convey and warrant to ERVIN H. ROCHOLL
AND CAMILLA M. ROCHOLL, TRUSTEES OR THEIR SUCCESSORS IN TRUST, UNDER
THE ROCHOLL FAMILY REVOCABLE LIVING TRUST DATED THE I3TH DAY OF
DECEMBER, 2007, AND ANY AMENDMENTS THERETO, Grantee, real property in Otter
Tail County, Minnesota, described as follows:
SEE EXHIBIT A.
Together with all' hereditaments and appurtenances belonging thereto, subject to the following
exceptions; Easements, restrictions, reservations and covenants of record.
Ervin H. Rocholl
7T).
Camilla M. Rocholl
STATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL )
The foregoing instrument was acknowledged before me this 13th day of December, 2007,
by ERVIN H. ROCHOLL and CAMILLA M. ROCHOLL, husband and wife. Grantors.
Vi y- I-m.-1
THE TOTAL CONSIDERATION FOR THIS TRANSFER
IS $500:00 OR LESS. ,
Tax statements for the real
property described in this
instrument should be sent to:
Ervin H. & Camilla M. Rocholl, TR
Underwood, MN 56537
This instrument was drafted by:
PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P.
110 North Mill Street, P. O. Box 866
Fergus Falls, MN 56538-0866
Telephone: 218-736-5493
PSR&K Substitute Form 1099-S Not Needed
NJH;cf
2007-2803
Deed 6A
-2-
EXHIBIT A
The South Half of the Northeast Quarter (S'/zNEl^) in Section Seven (7), Township One
Hundred Thirty-four (134),-Range Forty-one (41); EXCEPTING THEREFROM the South
554.00 feet of the West 400.00 feet of the said South Half of the Northeast Quarter (S'/rNE'/i);
AND
The North Half of the.Southwest Quarter (N'/zSW'A) and the Southeast Quarter of the Southwest
Quarter (SE'/iSW'/i) ^d the North Half of the Southeast Quarter (Nl^SE'A) in Section Eight (8),
Township One.Hundred Thirty-four (134), Range Forty-one (41);
AND
That part of Government Lot One (1) and that part of the Southwest Quarter of the Southeast
Quarter (SW'ASEVi) in Section Eight (8), Township One Hundred Thirty-four (134) North,
Range Forty-one (41) West of the Fifth; Principal Meridian in Otter Tail County, Minnesota,
described as follows:
Beginning at a found iron monument which designates the South quarter comer of
said Section Eight (8); thence South 89°30'02" East 975.18 feet on an assumed
bearing along ihe South line of said Section Eight; thence North 0022'25" West
50.16 feet to an iron monument; thence North 88'’22'24" East 229.78 feet to an
iron monument; thence North 28°40'45" East 130.27 feet to an iron monument;
thence North 55°22'51" East 129.33 feet to an iron monument; thence North
50°2r31" East 220.93 feet to an iron monument; thence North 66°5ri8" East
233.07 feet to an iron-monument; thence North 29°23'06" East 250.46 feet to an
iron monument on the North line of said Government Lot ,One (1); thence North
89°28'30" West 2151.99 feet along the North line of said Government Lot One (1)
and along the North line of said Southwest Quarter of .the Southeast Quarter
(SW'ASEVi) to an iron monument at the Northwest comer of said Southwest
Quarter of: the Southeast Quarter (SW1/4SE1/4); thence South 00°15'50" East
1319.56 feet along the West line of said Southwest Quarter of the Southeast
Quarter (SWViSE^) to the point of beginning. The above described tract contains -
42.97 acres.
Subject to an easement for public road purposes (Berkey Road) over, under and across that part
of the above described as follows:
Commencing at a i found iron monument which designates said South quarter
comer; thence North 00°15'50'; West 50.00 feet along the West line of said
Southwest Quarter of the Southeast Quarter (SW'ASEl^) to the northerly right of
way line of County-State Aid Highway No. 22, said point is the-point of
beginning of the easements to be described; thence South 89°30’02" East 32.66
feet along the northerly right of way’line of said County State Aid Highway No.
22;;thence North 00°06'18" East 1,269.45 feet to the North line of said Southwest ■ ■;
-3-
Quarter: of-the Southeast Quarter (SW!4SE%); thence North 89 °28'30" West
40.83 feet along the North line of said Southwest Quarter of the Southeast
Quarter to an iron monument at the Northwest corner of said Southwest Quarter
of the Southeast Quarter (SW'/iSElA);; thence South 00°15'50" East 1,269.56
feet along the , West line of said Southwest Quarter of the Southeast Quarter
(SWViSEVi) to the; point of beginning of said public road easement (Berkey
Road); and
Further subject to an easement for County State Aid Highway No. 22, right-of-way purposes
over, under and across that part of the above-tract, described as follows: Beginning at a found
iron monument-which designates said South quarter corner; thence South 89°30'02" East
975.18 feet along the South line of said Section Eight (8); thence North 00°22'25" West 50.01
feet; thence North 89°30!02" West 975.08 feet to the West line of said Southwest Quarter of
the Southeast Quarter (SW'/iSEl^); thencetSouth 00°15'50" East 50.00 feet along the West line
of said Southwest Quarter of the Southeast Quarter (SW'/^SE'/i); to the point of beginning of
said County State Aid Highway No. 22 right-of-way easement.
AND
The South Half of the Northwest Quarter (S'ANW'A); the Southwest Quarter ;(SW%); and the
Southwest Quarter of the Southeast Quarter (SW'ASEVi) in Section Nine (9), Township One
Hundred Thirty-four (134)^ Range Forty-one (41);
AND
The Southeast Quarter of the Northeast Quarter (SE‘/4NE14) and the Northeast Quarter of the
Southeast Quarter (NE'ASE'A) of Sectiori Ten (10), Township One Hundred Thirty-four (134),
Range Forty-one (41);
AND
The Northwest Quarter; of the Southwest Quarter (NW'/iSW'A) and Lot Five (5), EXCEPT
PLAT, in Section Eleven (11), Township One Hundred Thirty-four (134), Range Forty-one (41);
AND
The Northwest Quarter of the Northeast Quarter (NW'^NE'A) of Section Sixteen (16), Township
One Hundred Thirty-four (134), Range Forty-one (41);j.-
AND
All interest in and to the following-described tract, to-wit:
The West Half of the Northeast Quarter (W'/zNE'A) of Section Eight (8), Township One Hundred
Thirty-four (134),'Range Forty-two (42); and
-4-
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The East Half of the Northeast Quarter (E'^NEVi) of Section Eight (8), Township One Hundred
Thirty-four (134), Range Forty-two (42), EXCEPT THE FOLLOWING-DESCRIBED TRACT,
TO-WIT: Beginning at the Southeast comer of the Northeast Quarter (NE'/i) of Section Eight
(8), Township One Hundred Thirty-four (134); Range Forty-two (42); thence due West along the
southerly line of the Northeast Quarter (NE'/^) a distance of 495.00 feet; thence at right angles
due North a distance of 1,815.00 feet; thence at right angles due East a distance of 495.00 feet;
more or less to the easterly section line of Section Eight (8); thence due South along the easterly
section line of Section Eight (8), a distance of 1,815.00 feet, more or less to the point of
beginning, including easement for ingress arid egress.
'r,
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.■i:
Charles and Nancy Aldrich - Variance application approved as modified with a condition. (7:00 p.ni.)
Charles and Nancy Aldrich, Lot 16 Block 1 Lakeview Heights, Otter Tail Lake in Otter Tail Township, requested the following:
Request a 10’ by 16’ encroachment into the 20’ setback area on the Northeast comer of our property to construct a new garage;
and further request a 5’ setback from the westerly most foundation of the new garage to accommodate necessary septic drain field
reconstmetion. The audience was polled with Bruce Gloiwigen seeking additional information and clarification regarding the
applicants’ request. After discussion and consideration, Steve Schierer made a motion, seconded by Paul Larson and carried with
Danen Newville voting no, to approve a variance of4’ from the required road right-of-way setback of20’ and a variance of 5’
fiom the required drain field setback of 10’ for the placement of a garage 16’ from the road right-of-way and 5' from the drain
field with the condition that the proposed garage cannot exceed the maximum allowable height of 20’. The proposed septic
location has been review and recommended by Rollie Mann, the executive director of the Otter Tail Water Management Board.
The variances as approved should provide the property owners with a reasonable use of their property. The variances as approved
do not directly or indirect grant any other variance for the proposed or future development.
Ervin and Camilla Rocholl Family Trust - Variance application approved as requested. (7:13 p.m.)
and Camilla Rocholl Family Trust, South Halt of the Southwest Quarter, Section 9 of Maine Township by
I
an unnamed
lake, requested the following; Proposing to construct a grain bin approximately 38’ in height within 400’ of an unnamed lake.
Required height is 20’. Appearing with the applicant at the public hearing was Scott Rocholl. 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 Claris McConn and unanimously carried, to approve the construction of a grain bin approximately 38’ in height and within the
required 400’ ordinary high water level setback area as described in the variance application dated June 19, 2017 and as depicted
on the drawing submitted with the application. The variance as approved is consistent with past actions of the board. It was
noted that this is an existing farm site and the proposed structure would be used as a part of the farm operation. The variances as
approved do not directly or indirectly grant any other variances for the proposed development or future development.
Kyle and Paula Petersen — Approved the requested road right-of-way varianec and denied the requested side lot line varianee. (7:15 p.m.)
Kyle and Paula Petersen, part of Government Lot 4, Section 28 and part of Government Lot 1, Section 29 of Tordenskjold
Township by Stalker Lake, requested the following: 1.) proposing to construct a new dwelling being 68’ from the ordinaiy high
water level. Required setback is 100’, and 2.) also proposing to place the new dwelling 7’ from the lot line. Required setback is
10’. Jason Allen, Contractor appeared with the applicants at the public hearing, fhe audience was polled with no one speaking
for or against the variance as requested. After discussion and consideration, Paul l.arson made a motion, seconded by Thomas
Lee and can ied with Chris McConn voting no, to approve a variance of 32’ from the required ordinary high water level setback of
100’ and to deny the variance as requested from the side lot line for the placement of a new dwelling 68’ from the ordinary high
water level and at least 10’ from the side lot line. It was noted that the applicants’ drawing depicts a deck/patio located 53’ from
the ordinary high water level. The variance as approved from the ordinary high water level will allow the applicants to enjoy the
same rights and privileges as others in this inunediate area. It was also noted that there is adequate area to place the new
development 10' from the lot line. The variance as approved does not directly or indirectly grant any other variances for the
proposed development or future development.
(Short Break)
Tamara Usclman Et. Al. - Approved/Denied with a condition. (7:30 p.m.)
Tamara Uselman Et Al, Lot 1 Block 7, Block 14, Lot 8 Block 6, Lot 9 Block 16 and Lot 14 Block 2 Leaf Lake Pleasure Grounds,
West Leaf Lake in Leaf Lake Township, requested the following:
Requesting a 6’ variance from the ordinary high water level to add/rcpiace a deck being 94’ from the ordinary high water
level and also request a 5’ variance from the existing holding tank.
Proposing to add a pergola to the deck which will be 67’ from the ordinary high water level.
Proposing to place an overhang on the east side lower level of the cabin which will be approximately 1 ’ from the lot line
to prevent water issues over patio doors.
Proposing to convert the bait store (approved under CUP #5326) to a non-dwelling. Currently the stioicture is gone and
there are only the footing remains.
Proposing to construct an 8’ by 12’ screen house/storage shed on the existing cement pad on the northwest corner of the
property Teresa Theison represented the applicants at the public hearing, fhe audience was polled with no one speaking
for or against the variance as requested.
1.
2.
3.
4.
5.
July 13,2017Page 1 2 of 6
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Tax Parcel Number(s)i
The scale drawing must be a signed drawing which includes and identifies a graphic scaie (feet), ali existing and/or proposed structures, septic
tanks, drainfieids, iotiines, road right-of-ways, easements, OHWLs, weils, wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
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ISignature of Property |Ownerj Date..i..
-EViciof.!BK —042016.LLtndcen Coi.Primers-* - Fergus Falls. MN
.1-800-346-4870-.360;800.iIJI4It1E.L
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^);
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^fPFt
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrigr)
Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
, /wl /OI S i 5; DOCkio'J /(r-Y , DC I’i; I 100+-r X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^ Ft^
100-r-X
Impervious Surface Caicuiation Worksheet 04-11-2016
Signature:Date
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER Tflllfi^sair-aiMiiioTi
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Ervin and Camilla Rocholl Family Trust
X 32234 County Highway 35
Underwood, MN 56586
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, July 13, 2017 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
South Half of the Southwest Quarter,
Property Address - Adjacent to 32234 County Highway 35 - 56586
Section 9, Township 134, Range 41 - Township Name - Maine
Lake No. 56-474, Lake Name - Unnamed, Class - NE
The variance requested is
the following:
Proposing to construct a grain bin approximately 38Mn height.within 400’ of an unnamed lake. Required height is 20’
W(^ne Stein
Board of Adjustment Secretary
June 22, 2017
I ■
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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, Minnesotai do hereby
certify that on the 23rd, day of June, 2017 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Ehrin and Camilla Rbcholl Family Trust, 32234 County Hwy 35, iUnderwOod, MN 56586
Joanne Seeger, Twp Clerk of Maine, 32829 County Highway 35^ Dent, MN 56528
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 Fails, MN 56537
Board of Adjustment:
' 5Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534
Thonias (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6“’ St N^, Perham, MN 56573
Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537
' Richard Gabe, 24826 County Highway 20, Detroit Lakes, MN 56501
i
by placing a true and correct copy thereof in a sealed enveiope, 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 lis;ted in-the attachment.
Dated: June 23rd, 2017
:
Wayne Stein, Secretai^
Otter Tail County Board of Adjustment
By:
Vi Manderud
.
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COUi^TYOF OTTER TAIL
ATTN CO AUDITOR
510 FIR AVE W
FERGUS FALLS, MN 56537 1364
WILLIAM A & JOYCE E NERDAHL
29741 COUNTY HIGHWAY 22
UNDERWOOD, MN 56586 9230
PERRY SORR ET AL
30142 320TH ST
UNDERWOOD, MN 56586 9225
R & S PARTNERSHIP
ATTN ERVIN ROCHOLL
32234 COUNTY HIGHWAY 35
UNDERWOOD, MN 56586 9227
GARYM PLOMBON ETAL
21703 RIDGEVIEW DR
SAINT AUGUSTA, MN 563015477
ERVIN & C ROCHOLL FAMILY TST
32234 COUNTY HIGHWAY 35
UNDERWOOD, MN 56586 9227
RUSTIC ACRES TST
31769 COUNTY HIGHWAY 35
UNDERWOOD, MN 56586 9226