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HomeMy WebLinkAbout38000140094004_Variances_06-12-2014IDOC# 1144876 Date Stamp 1144876 Fee: $46.00 Certified, Filed, and/or Recorded. Well Certificate [ ] Rec'd June 17, 2014 10:00 AM Brian Armstrong, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA received MAY 0 2 201^ LAND & RESOURCE Returned To: LAND & RESOURCE By: NDB 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 Hi COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date DAYTIME PHONE 218-998-3554PROPERTY OWNER Paul F. T.inHhnIm MAILING ADDRESS 808 Sheridan Street South. Aph 201. Forgiia Fallg MM RAAR7 56-475 LAKE NAME PickerelLAKE NUMBER LAKE CLASS RD SECTION TOWNSHIP 134 RANGE 41 TOWNSHIP NAME Maine ^ 38000140094004 - ^ ADDRESS 32675 Birchwood Shore DrivePARCEL NUMBER E-911 LEGAL DESCRIPTION See Attached TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I need variance to allow me to deed 2263 square feet (.05 acre) to the adjacent property owner to correct his building encroachment on ray lot. 2.59 acres and I request that this remains a buildable lot. <iPfac(n -OS'^ to '3g-cW-w-OD9'f-OD^ - Z..S4 corr'ec^s f canHloUAc^ La1-L\ to f>g f-QASuiew tu((cw_b(e r^dciAhal This leaves my parcel with 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. L4SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER Ijdate APPLICANT MUST BE PRESENT AT THE HEARIN SCMIHID(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345 194 • Victor Lundeen Co . Printers ♦ Fergus Falls Minnesota Time 6-^^ ■Date Of Hearing xiyy>a Motion Paul E. Lindholm - Variance application approved as requested. (6:32 p.m.) After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision of Parcel 38000140094004 and the permanent attachment of this subdivision to the adjacent lot (Parcel 38000140094009) as stated in the variance application dated May 2, 2014 noting that both lots, after the subdivision and attachment, will remain buildable for residential purposes. The proposed subdivision does not negatively impact either lot and will resolve an encroachment issue. It was also noted that the approval is consistent with past actions of the board. ChairmanVcJtter Tail County B6ard of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) ^ No L R'Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 /r- V L-M ^//V£- \So ^ CN( K \ 3cn r Ne7‘22'0l"N 164 63 SURVEY LINEayj ir\i n^\C' own I vO c'/or;/ // \ w / /'•'/O' /r-/I r\ r\ i~ris I1 r\L2LJ\ I l\-/l Vw v_/ V L_I +1 roL-'K II V s_/.OoOa 7 6 'Si NF^ARCEL. A <T)f <0 S!* NE CORNER OF LOT 5, BLOCK 1 MMN5 COVE FIRST ADDITION LOT I, BLOCK I\HALLETE BEACHTL2^ F^ARCEi. C\:R OF .OCK I T addition! (SET IRON nONUHENT AT POSITIONi OF PREV. 1/2' D!A. IRON PIPE, NOT FOUND IN 20147INSET NO SCALE TRLJSrEE’S DEED t-/ >«/ s-/. » 'w-'. B31054V■.VC DOC. I'-IC. B31053<0 s>: "»“# Ar F^ARCEi. C 2.61 ACRES AFTER /-> /“M-v r-\•w't—^ !_/•^ I /■^I W *99.37720rWE CONVEYANCE OF PARCEL Cl•0 TIA. F^ARC El. a\ 2.76 ACRES AFTER O'CNM-00o-(U..()0‘l^l-O()if.THE ACQUISITION CT PARCEL Cl 0.60 / g<XO ' I f - oo^^-oo^«0:?!■va ?!rn K §S Wfsr LINE OF THE TRACT OF LAND DESCRIBED IN OCD DOC. NO. <FB772 EAST LINE OF GOV'T LOT 3 SEC. 14-134-41V § 2: 0.35 SOUTH LINE OF THE TRACT OF LAND DESCRIBED IN OCD DOC. NO. <FG772SURVEYOR'S NOTES OR THE S'LT LINE OF THE TNO PROPERTIES IDENTIFIED AS PARCEL B AND PARCEL C m? CERTIFICATE OF SURVEY (SURVEY RECORDED AS DOC. NO. I03‘I4027 LEGAL DESCRIPTION FOR THE N'LY LINE OF THE PROPERTY IDENTIFIED AS PARCEL A tPd& CERTIFICATE OF SURVEY (SURVEY RECORDED AS DOC. NO. I03R4O0. CRIPTIONS CCrtE IN FROTJ TNO DIFFERENT DIRECTIONS AND FROn TNO DIFFERENT CORNERS. IIPTION HAS A CALL OF SOUTH 7^ DEGREES 26 MINUTES 02 SECONDS EAST IN PARCEL A ILD HAVE BEEN SOUTH 67 DEGREES 26 MINUTES 02 SECONDS EAST. : O.z <T' r_- /''s y.J7 i__ M A "^7I /^ VV 2 V ILAND SURVEYING, INC.THIS SUR VEY IS INTENDED TO DEPICT THE BOUNDARIES OF AND STAKE THE LINE BETWEEN lY^Yc 1 A\m o pinriYo miHMCrn\/FFipcTAnniTfDM rI I t MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, June 12, 2014 The Otter Tail County Board of Adjustment met Thursday, June 12, 2014, with the following persons in attendance: Paul Larson Ward Uggerud Denise Gubrud, Land and Resource Management Bill Kalar, Director - Land and Resource Management (Pro's Properties LLC Hearing) David Hauser, County Attorney Thomas Lee David Wass Michael Harris Steve Schierer Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the May 8, 2014 meeting as mailed. The Board of Adjustment considered the following applications for variance: Paul E. Lindholm - Variance application approved as requested. (6:32 p.m.) Paul E. Lindholm, part of Government Lot 3, Section 14 of Maine Township by Pickerel Lake, requested the following: I need variance to allow me to deed 2263 square feet (.05 acre) to the adjacent property owner to correct his building encroachment on my lot. This leaves my parcel with 2.59 acres and I request that this remains a buildable lot. Existing parcel (38-000-14-0094-004) is 2.7 acres. Request to split and permanently attach .05 acre to 38-000-14- 0094-009 retaining 2.59 acres. This corrects the encroachment of a garage and brings it into compliance with lot line setbacks. Request both parcels to be considered buildable for residential purposes. Alan and John Olson appeared with and represented the applicant at the public hearing. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision of Parcel 38000140094004 and the permanent attachment of this subdivision to the adjacent lot (Parcel 38000140094009) as stated in the variance application dated May 2, 2014 noting that both lots, after the subdivision and attachment, will remain buildable for residential purposes. The proposed subdivision does not negatively impact either lot and will resolve an encroachment issue. It was also noted that the approval is consistent with past actions of the board. Charles and Gail Smith - Variance application approved as modified. (6:37 p.m.) Charles and Gail Smith, Lot 3 Block 1 Bear Lake Haven Retreat, Bear Lake in Butler Township, requested a variance of 67’ from the required ordinary high water level setback of 200’ for the placement of either a 24’ by 40’ or 24’ by 36’ pole barn 133’ from the ordinary high water level. The audience was polled with no speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Ward Uggerud and unanimously carried, to approve the placement of the proposed development (either a 24’ by 40’ or a 24’ by 36’ structure) 20’ from the road right-of-way and extending no more than 24’ toward the ordinary high water level. It should be noted that the approved setback from the ordinary high water level is the distance between the approve location and the ordinary high water level (this footage was not certain at the public hearing as the actual ordinary high water level had not been marked). The hardship/practical difficulty is a substandard lot of record. It was noted that the proposed structure will be no closer to the ordinary high water level than other similar structures in this immediate neighborhood. Daniel and Tonya Zierden - Tabled (6:42 p.m.) Daniel and Tonya Zierden, part of Government Lot 3, Section 31 of Maine Township by West Lost Lake, requested the following: Lot to be declared buildable for residential and non-residential structures. 125’ variance for setback from the ordinary high water level for structures. Being 75’ back from ordinary high water level, required setback is 200’. 100’ variance for septic from ordinary high water level. Being 50’ back from ordinary high water level, required setback is 150’. 1. 2. 3. . !.•/ .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 May, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Paul Lindholm, 808 Sheridan St S apt 201, Fergus Falls, MN 56537 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 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 David Wass, 29133 260*'^ St, Underwood, MN 56586 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: May 27, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: V)>- Vi Manderud SCANNED .STEVEN & PATRICIA AHLSCHLAGER 32292 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9214 WESLEY M & KAREN ANDERSON 11336 71STAVEN MAPLE GROVE, MN 55369 7622 PEGGY & J MIRANOWSKI BARKER 1307 ELM AVE WHEATON, MN 56296 1057 LAWRENCE K & LAURA DAVIS 32609 BIRCHWOOD SHORES DR UNDERWOOD, MN 56586 9215 DOMINICK HENRY BUDKE 29399 COUNTY HIGHWAY 45 UNDERWOOD, MN 56586 9265 LOWELL JR BJORGAARD 32791 COUNTY HIGHWAY 74 BATTLE LAKE, MN 56515 9318 NATHAN D & T L THEEDE EISCHENS 32608 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9277 DAVID D& HEIDI GARRETT 1736 8TH ST SE EAST GRAND FORKS, MN 56721 2203 MARVIN & MARY L TST DOBOS 32624 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9215 PAUL E & RUTH A LINDHOLM 32675 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9225 JAMES M LAFOND 32706 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9269 JAMES & LAURE LOU LAFOND 32706 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9269 CHRISTOPHER & SHAWN ROBERTS 201 RIVERBENDTRL BRECKENRIDGE, MN 56520 1110 REUBEN 8i JENNIFER RUD 14910 7TH ST SE GALESBURG, ND 58035 9721 JOSEPH &. MARY CAROLITA MAHONEY 32657 BIRCHWOOD SHORE DR UNDERWOOD, MN 56586 9215 MARY D & MICHAEL W WEAVER 32662 BIRCHWOOD SHORES DR UNDERWOOD, MN 56586 9215 DIANE WALTON 32625 BIRCHWOOD SHORES DR UNDERWOOD, MN 56586 9277 MILDRED M & ERNST R SCHAAF 4800 HIGHWAY AlA UNIT 111 VERO BEACH, FL 32963 1236 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wsteln@co.ottertall.mn.us Web Address - www.co.otter-tail.mn.us 9TT€RTRII Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Paul Lindholm 808 Sheridan Street South, Apt 201 Fergus Falls, MN 56537 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, June 12, 2014 at 6:30 p.m.J 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 3, Property Address - 32675 Birchwood Shore Drive Section 14, Township 134, Range 41 - Township Name - Maine Lake No. 56-475, Lake Name - Pickerel, Class - RD The variance requested is - the following: I need variance to allow me to deed 2263 square feet (.05 acre) to the adjacent property owner to correct his building encroachment on my lot. This leaves my parcel with 2.59 acres and I request that this remains a buildable lot. Existing parcel (38-000-14-0094-004) is 2.7 acres. Request to split and permanently attach .05 acre to 38-000-14- 0094-009 retaining 2.59 acres. This corrects the encroachment of a garage and brings it into compliance with lot line setbacks. Request both parcels to be considered buildable for residential purposes.. "Wc^ne Stein Board of Adjustment Secretary Date: May 23, 2014 SCANNED 3 ? ndUlMiu • -■ pisrsv;; -rf-C:;-:.;;’:;.c,,y 1^ ■!«»«,. »r.'- - •<« j -i -.1 r. ■ . ’ A‘- ' . ...y■■ n r ._, •-■,.:.-v</;,-! Qmtiuui ^ iAluajl (LAST) If mST) f2' "- z LAND & RESOURCE MANAGEMENT OTTER TAIL COUNTY FERGUS FALLS, MINNESOTA 56537 0789-01 3 IFILE OPENING DATE^IDUAL FILE PHONE NUMBER : OF CO ICANT (MIDDLE) )s - 9 0 '2 olESSfv>Vr- C./ V-J o o c’ I 3 oo<_j 1 '-I oo IH oo ”1 {PARCEL NUMBER)^2.7(^C=> 'BiVc.huJoo cl Sko/c^ t/<L FIRE NO. BLUFF ________YES Y NO l^(fV~\ I tv >-e- o n I" ( ^ S'. /" «- (RANGE)(TWPNME)(TWP)(SEC)(CLASSIF)(LAKE/RIVER NAME) PT GL 3 BG SW COR LOT 1 BLK 1 406', N 78 DEGW 298', N 426' TO RD, S 71 DEG E ALG RD 50', SELY, ELY fi ^LY ALG RD 196' , S 71 DEG E 134' TO BG [KENO.) L (T1IRIPTION \ tANCES FROM STANDARDSSITE PERMITS egRESULTS RESULTSDATE INSPECTED i6K5ATE (UEAI )ATEPURPOSEPLICy|0.DATE J/h/OL oK.'AJl ^ TyMl/M9/p/ CONDITIONAL USE PERMITS RESULTSHEARING DATE NO.APPLICATION DATE SEWAGE SYSTEM PERMITS DATE INSPECTED RESULTSPURPOSENO.DATE Q-Csl>oC'' L/AjA Cj V GRADE/FILL PERMITS RESULTSDATE ONSITEAPPLICATION DATE NO. ~wz“i' •'20 - 3~-3I'CQ. COMMENTS:5^ Sa- ao SKSAlCy Victo' Lun0«sn Co. Piinlecs • Faitfus Falli. MinneiOli % otter Tail County, Minnesota Accuracy is not guaranteed. NOT to be construed or used as a legal description. <E5)CD Copyright 2013 otter Tail County, MN. Accuracy is NOT guaranteed For REFERENCE purposes only THIS IS NOTA LEGAL DOCUMENT Mon Feb 17 2014 11:35:31 AM. MAY 0 2 2014 LAND & RESOURCE SCANED « received mm 0 2 2014 land & RESOURCE I 1