HomeMy WebLinkAbout38000120083000_Variances_09-08-20161179987
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
09/14/2016 9:07 AMRECEIVED
AUG 1 S 2016
LAND & RESOURCE
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CO FEE: 46.00
PAGES 4
WELL CERTIFICATE RECD; N
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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 OO
Receipt Number feryf'
Accepted By / Date Sjl&jN
COMPLETE THIS APPLICATION IN BLACK INK
5 23> t
DAYTIME PHONE 7C/ - 3 f/" X 2PROPERTY OWNE
,, ini/^MAILING ADDRESS
KDLAKE NUMBER LAKE NAME LAKE CLASS
h)SECTION TOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS3^ €0 3 3 60 o
3 900 0 ^ 9 ¥33ao
LEGAL DESCRIPTION
QHzjLJ is,, yn/J ■
_____oTYPE OF VARIANCE REQUESTED (Please Check)
ClusterStructure Setback Structure Size Sewage System Subdivision WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
POOcS<5 4
^3^Doa]:iao'^ZO(s 0 cL&tJU^u^^
AMJbut^ ^ ^
{JOkJJL 3 ^3odO-
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.
-/i'
DATEIGNATURE OF^RbPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
S.ANNED345.194 • Victor Lundeen Co , Printers * Fergus Falls, Minnesota
fd /?/K-M/i TimeDate Of Hearing
r
Motion
Larry and Judy Berget - Variance application approved as requested with conditions. (7:50 p.m.)
After discussion and consideration, Thomas Lee made a motion, seconded by Ward Uggerud and unanimously carried, to
approved the proposed subdivision as described in the variance application dated August 17, 2016 and to declared Parcel 38-000-
12-0083-000 as buildable for single family residential use with the condition that a registered surveyor drawing must be provided
and with the condition that the applicants must comply with the request of the Otter Tail County Highway Department in regards
to accessing the property as stated in their letter. The approval of this request is consistent with past actions of the Board of
Adjustment. The variances as approved do not directly or indirectly grant any other variances for the proposed or future
development.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
7^ No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR V
Official/Date
bk 072011-001
Mark and Lorrie Carlson - Variance application approved as requested. (7:42 p.m.)
Mark and Lome Carlson, part of Lot 7 Cozy Point Resort, Long Lake in Elizabeth Township, requested the
following; Adding second stoiy onto existing structure, previous variance approved at 30' from ordinary high water
level. Proposed addition not to be any closer. Upper story will be open on north half of stmcture and south half will
be living space. Existing impervious shore impact zone is 966 square feet and I am requesting it to remain as is. The
audience was polled with Ronald and Cheryl Hardyman speaking for the variance as requested. After discussion and
consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously carried, to approve a
variance of 70’ from the required ordinary high water level setback of lOO’for the addition of a second stoi'y unto an
existing structure 30’ from the ordinary high water level as described in the variance application dated August 17,
2016 and as depicted on the plans and drawings submitted with the application. The variances as approved do not
directly or indirectly grant any other variances for the proposed or future development.
Sheila Carney - Variance application approved as requested. (7:45 p.ni.)
Sheila Carney, Lot 6 Block 2 Engstrom Beach, Big McDonald Lake in Edna Township, requested the following: The
homeowner had an existing storage shed on the property that was in dire need of replacement due to rot and decay
over a period of time. The shed was rebuilt on the existing footprint without the homeowner’s understanding of
needing a building pennit in order to do so. Given the shallow nature of the lots along Engstrom Beach, the shed
location is in violation of the county’s required 100’ waterfront setback as it was and cunently is 36’ from the
ordinary high water level. The shed was also originally constructed approximately 1’ away from the neighboring
property line, which has been determined by both the neighboring property owner and property owner at 42656.
Lastly, the property’s impervious surface percentage is at 33%, which, is again due to the narrow nature of the lot.
The applicant was represented by Mike who is associated with Hawley Architects. 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 Rick Wilson and unanimously carried, to approve the variances as requested in the application
dated July 18, 2016 and as depicted on the drawing submitted with the variance application. It was noted that the
development was the replacement of an existing shed in need of maintenance with a new structure of the same size.
Basically the proposed development was maintenance. Hardship/practical difficulty is a substandard lot of record.
The variances as approved do not directly or indirectly grant any other variances for the proposed or future
development.
Larry and Judy Berget - Variance application approved as requested with conditions. (7:50 p.m.)
Larry and Judy Berget, Lot 4 Block I Loll’s Lakeshore and part of Government Lot 7, Section 12 of Maine Township
by Pickerel Lake, requested the following; proposing to split 11,270 square feet of Parcel 38-000-12-0083-000 and
pennanently attach to Parcel 38-000-99-0843-000. Also proposing to have parcel 38-000-12-0083-000 declared
buildable for single family residential use. Upon approval a survey will be done. Will access Parcel 38-000-99-0843-
000 by County Highway 32. The audience was polled with no one speaking for or against the variance as requested.
A letter from Charles H. Grotte, P.E., Assistant County Engineer expressing concerns with road access to the property
was read for the record. After discussion and consideration, Thomas Lee made a motion, seconded by Ward Uggerud
and unanimously carried, to approved the proposed subdivision as described in the variance application dated August
17, 2016 and to declared Parcel 38-000-12-0083-000 as buildable for single family residential use with the condition
that a registered surveyor drawing must be provided and with the condition that the applicants must comply with the
request of the Otter Tail County Highway Department in regards to accessing the property as stated in their letter.
The approval of this request is consistent with past actions of the Board of Adjustment. The variances as approved do
not directly or indirectly grant any other variances for the proposed or future development.
OTTER TAIL COUNTY
HIGHWAY DEPARTMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.USOTTER Tflll•ottTT-aiaaiioti
SOUTH COURT BUILDING
505 SOUTH COURT STREET, SUITE 1
FERGUS FALLS, MN 56537
218-998-8470
FAX: 218-998-8488
August 24, 2016
Mr. Wayne Stein
Board of Adjustments Secretary
510 Fir Avenue W
Fergus Falls, MN 56537
RE: Variance for Splitting a Parcel
CSAH No. 32
33959 Pickerel View Drive
Dear Wayne:
We have reviewed this request and have the following comments:
1. The property currently has road access only from Pickerel View Drive. Due to the manner in which the
split is proposed the parcel with the existing house will require road access from CSAH 32.
2. The Otter Tail County Highway Department’s policy is that new approaches need to be 300 feet apart.
The size of the split lot will not allow a separate approach to be constructed on CSAH 32 and still meet
the 300 foot spacing requirement.
3. It appears that there is an existing driveway in the southeast comer of the adjoining property to the north.
The property owner should explore creating a shared approach with the neighbors at that location. If any
improvements to the existing approach are needed, the property owner will need to submit an Approach
Application to the Otter Tail County Highway Department for review and approval.
If you have any questions or require additional information on this matter, please feel free to contact me at
any time.
Sincerely,
Otter Tail County Highway Department
Charles H. Grotte, P.E.
Assistant County Engineer
CHG:mk
cc: Richard West, County Engineer
Rick Hoium, County Highway Maintenance Supervisor
Land & Resource Management Office
File
OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
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, dp hereby
certify that on the 22nd, day of August, 2016 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Larry A and Judy A Berget, 33959 Pickerel View Dr, Richville, MN 56576 9532
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 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
Brent Frazier, PO Box 255, Pelican Rapids,MN 56572
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.
''-r'
Dated: August 22, 2016
Wayne Stein, Secretary
Otter Tail County Board of Adjustment } •,>
By:
Vi Manderud
. DANIEL E& CHERYL L BARRY
34201 COUNTY HIGHWAY 32 BATTLE LAKeI MN 56515 9316
LEIGH M & SHANA M BARRY
35695 COUNTY HIGHWAY 32
RICHVILLE, MN 56576 9504
LARRYA&JUDYABERGET
33959 PICKEREL VIEW DR
RICHVILLE, MN 56576 9532
CHARLES H'ERICkSON TST
34115 COUNTY HIGHWAY 74
BATTLE LAKE, MN 56515 9321
DANIEL MILLER LTD PRTNRSHP
18130 93 1/2 ST SE
FAIRMOUNT, ND 58030 9601
JAMES & JOYCE GORMAN FAM TST
218 3RD STS
COUNCIL BLUFFS, lA 51503 6608
KYLE & CAROLYN KUTZER
9122 182NDAVE SE
FAIRMOUNT, ND 58030 9613
KAVLIE TST
33815 PICKEREL VIEW DR
RICHVILLE, MN 56576 9521
LEELEA LLC
PO BOX 85
GWINNER, ND 58040 85
KENNETH W & GERALDINE M RYE
121WEDGEWOODDR '
MAHTOMEDI, MN 55115 1467
LEHNE TST
33775 PICKERALVIEW DR
RICHVILLE, MN 56576 9521
ROGER E & EUNICE D SHELSTAD
33927 PICKEREL VIEW DR
RICHVILLE, MN 56576 9521
STOMMES FAMILY TST
3724 PEBBLE HILLS DR
, .FERGUS FALLS, MN 56537 4245
MARK R STEUART
36768 LILLIS DR .
RICHVILLE, MN 56576 9621
;
i
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, WIN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us ^
Web Address - www.co.otter-tail.mn.us
orrcR Tmi
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Larry and Judy Berget
33959 Pickerel View Dr.
Richville, MN 56576
has/have made application to the Otter Tail County Board of Adjustrnent 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, September 8, 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 public hearing.
The property concerned in the application is legally described as
Part of Government Lot 7 and Lot 4 Block 1 of LoH’s Lakeshore,
Property Address - 33959 Pickerel View Drive - 56576
Section 12, Township 134, Range 41- Township Name - Wlaine
Lake No. 56-475, Lake Name - Pickerel, Class - RD
The variance^requested is -
the following; Proposing to split 11,270 square feet of Parcel 38-000-12-0083-000 and permanently attach to Parcel 38-
0O0t99-O843-OOO. Also proposing to have parcel 38-000-12-0083-000 declared buildable for single family residential use.
Upon approval a survey will be done. Will access Parcel 38-000-99-0843-000by County Highway 32.
Wayne Stein
Board of Adjustment Secretary
August 19, 2016
I 1 1 ItI |0
SCALE DRAWING FORMI
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The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
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9-'17-Lk
DateI
\Viciol Lundeen Co, Printers • Fergus Polls, MN • 1-80 0-346’4870,BK ^.042016 360,800 •I I
1
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^): ^/ ^0
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^Ft^Ft^
Dwelling Deck(s)
Attached Garage Patio(s)
IffZODetached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
U j35'J-OTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
3.-6 3^^i/Jio 4 100+-i-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^
. /|3//03^l/033-I
Impervious Surface Calculation Worksheet 04-11-2016
100+-i-X=
Signature:
Warranty Deed
’ Individual(s) to Joint Tenants OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
M,r2‘:io6438^
was filed/recorded In4his office for record m the S day of
---------------------------------2009
_ well certificate
1.064383
No delinquent taxes and transfer^ntered; Certificate't-^iled ( ) notof Real Estate Value (
required Certificate of Real Estate Value No.;
I / / '
(Year)
( j ^
County AuditorPfitby
3S^~ooo—/ 5^ — €>^>6"-0»^-3^-£^GCD
Deputy
DEED TAX DUE: $ 1,320.00
(reserved for recording data)
Date: October 2, 2009
FOR VALUABLE CONSIDERATION, Ronald K. Strand and Andrea K. Strand, husband and wife, Grantor, hereby
conveys and warrants to Larry A. Berget and Judy A. Berget, Grantee(s), as joint tenants, real property in Otter Tail
County, Minnesota, described as follows:
SEE ATTACHED LEGAL DESCRIPTION
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Check box if applicable:
] The Seller certifies that the seller does not know of any wells on the described real property.
] A well disclosure certificate accompanies this document.
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.
[
[
Ronald K. Strand
Affix Deed Tax Stamp Here
date ----
----.rj
riA/fiSTATE OF _
COUNTY OF
This instrument was acknowledged before me on ______ . 20 bycJP cL‘\c^
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)Sign
MELISSA M, DAVIS ^ Notary Public
™ Minnesota
Check here if part or all of the land is Registered (Torrensjj ]THIS INSTRUMENT WAS DRAFTED BY:
Tax Statements for the real property described in this instrument
should be sent to (include name and address of Grantee):
Larry A. Berget and Judy A. Berget
748 Juniper Drive
Bismarck, ND 58503
NF Field Abstract Co., LLC
127 South Mill St./P.O. Box 697
Fergus Falls. MN 56537
(218)739-5476
File Number: 25920
WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED.
»**
LEGAL DESCRIPTION
Lot 4, Block 1 of Loll's Lakeshore, Otter Tail County, Minnesota
AND
Parcel D
That part of Government Lot 7 of Section 12, Township 134 North, Range 41 West, Otter Tail County,
Minnesota, described as follows; Commencing at the Southeast corner of said Section 12; thence North
01 degree 24 minutes 45 seconds West (Assumed Bearing) along the East line of said Section 12 a
distance of 438.04 feet to the point of beginning: thence South 89 degrees 07 minutes 34 seconds West
a distance of 49.85 feet to the westerly right of way line of County State Aid Road Number 32; thence
northerly along said right of way line on a nontangential curve concave to the East a distance of 33.00
feet to the northerly right of way line of a dedicated road as platted on Haggstrom Beach 2nd Addition, on
file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota, said curve
having a central angle of 00 degrees 09 minutes 52 seconds and a Radius of 11502.68 feet; thence
South 89 degrees 07 minutes 34 seconds West not tangent to the last described curve and along the
northerly line of said dedicated road a distance of 172.77 feet; thence westerly along the northerly line of
said dedicated road on a tangential curve concave to the North a distance of 152.05 feet, said curve
having a central angle of 11 degrees 39 minutes 45 seconds and a Radius of 747.00 feet; thence North
00 degrees 24 minutes 29 seconds West not tangent to the last described curve a distance of 293.88
feet; thence North 78 degrees 45 minutes 54 seconds East a distance of 329.39 feet to a found iron
monument; thence continuing North 78 degrees 45 minutes 54 seconds East a distance of 44.33 feet to
the East line of said Section 12; thence South 01 degree 24 minutes 45 seconds East a distance of
409.52 feet to the point of beginning, containing a total of 2.94 acres of which 0.44 acres is subject to
County State Aid Road Number 32.
Subject to an easement for County State Aid Road Number 32 along the easterly line thereof.
C5.YvS
(25920.PFD/25920/14)