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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 CO CnJco oo CO FEE: 46.00 PAGES 4 WELL CERTIFICATE RECD; N CM;COO I CO Xo'— '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 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 I 1 I1 ? d 2 ¥3(^003^^ (900 IQl £)o 73600_i_I Tax Parcel Number(s) ; 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). I ScaleI I I I ;I I I I JL I1 II I I IiI;I I1 I L I ii I 1 II I I I I I i III I I I 1 i: I I ! I ; I 196,56,8 sq. ft.i IHolding Tank I I i293.88 !( vD !1an CP ’I^38-H3 ^000 ?3060 ■uJ tIWell 1i i.in ^5 • II9 >f40->-1IrsiItoII JALU >180>r O'E I'-j Q icn I1 !,1 rLUr>t I/1LU It cc I ILU1/I I IIuIIJa.I!91,206 sq. ft. I jI1..I _ Aj_ -I II rv1.1/ usmfNI II I /1 I I1 1 I/I I i. i I 1 97.94 I 82.06 1I270.54 1 180I IHIGHWAY 32 I,L J I I I I I i 1 I I I 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)