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HomeMy WebLinkAbout38000320243000_Variances_07-08-20217- 1263600 LYNN R LARSOH OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 08/13/2021 02:43 PM FEE; 46.00 PAGES 7 WELL CERTIFICATE REC'D: H Date Stamp L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTeRTBIl SC£> "Application Fee Receipt Number Accepted by V /^ - ^ \Date Property Owner Name 4 cr- Address 137 7%’^ Vi City State ^ i J ^Zip Daytime Phone ai!?- 770 ■ ob77 PR t6lEmail . Cc 'yy Parcel Information A Vc VLake No Lake Name Lake Class“'ll Parcel Number(s) Parcel Number(s) [_0^ Z, 4 Vx>; d €_ 4'V^/ Township Name Legal Description I Section -Ml3^c v4 r z vQ<3 1-c34 U J u. |4w4 lAtLylLt"WOYi'c"/Physical Address fY\NX TYPE OF VARIANCE REQUESTED (Please Check) structure Setback 0 □ □□Structure Size Sewage System Subdivision □□ □ Cluster WECS Miscellaneous Version Date: 04/07/2020 1 deceived JUL 0 ? 202i resource To:Otter Tail County Board of Adjustment Otter Tail County Land Resource Management Re:Application for Variance 38000320243000 28657 Co. Hwy 35, Underwood, MN 56586 Government Lots 2,3 & 4, and Cartroad 2 Rds wide thru Lot 11 Steven Stramer Tax Parcel No.: Property Address: Legal: Owner: Modification to Request for Variance: I modify my request for a variance by:1. a. Withdrawing my request to add recreational camping units to our property. I just want a variance to improve the existing structures, and to build a shed. Modifying the size and location of the improvements as indicated on the revised sketch thatb. I worked out and filed with Land Resource Management.t Separate Lots: Our property consists of Government Lot 2 (11.80 acres), Government2. Lot 3 (10.35 acres). Government Lot 4 (13.15 acres), plus the two-rod wide strip across part of Government Lot 11, all in Section 32, Township 134, Range 41, Maine Township. Each Government Lot is a separate legal description from each other Government Lot for purposes of sale, lease, separation, etc. See, Minn. Admin. Rule 6120.2500, subpart 8, and Otter Tail County Shoreland Ordinance (Shoreland Ordinance) Section II, paragraph 47. Each Government Lot has been of record prior to the adoption of the Shoreland Ordinance on October 15, 1971. Attached is a copy of the U.S. Geological Survey map for Maine Township, and an enlargement of that portion for Section 32 showing where each Government Lot is located. These Government Lots were platted by the U.S. Geological surveyor N. Butler in 1870. 1 Government Lots 2, 3 and 4 have remained under common ovraership, use and occupation prior to and since the adoption of the Shoreland Ordinance. Each of Government Lots 2, 3 and 4 is a riparian lot; and each meets the minimum lot area, water frontage and lot width requirements of the Shoreland Ordinance Section III, paragraph 3. A variance can be granted “where it is determined that, by reason of exceptional circumstances. the strict enforcement of the official controls would cause unnecessary hardship.” Minn. Stat. 394,.22, subd. 10. In the improvement of our lots, the strict enforcement of the Shoreland Ordinance will cause practical difficulties and exceptional hardship in complying with the requirements of the Shoreland Ordinance because: a. The nature and location of our Government Lots and the existing buildings predate the Shoreland Ordinance, and the various setback requirements of the Shoreland Ordinance, specifically the OHWL setback of 200 feet and the SIZ setback of 100 feet. b. The U.S. Geological Surveyor created these lots in 1870. c. West Lost Lake lies to the south and the north of each Government Lot. Therefore, there are OHWL and SIZ setbacks from both the south side and north side of West Lost Lake. d. The depth of these Government Lots between the two lake shores where my buildings are located ranges from 283 feet to 360 feet. e. All of the buildings on these lots were constructed in 1900, 1940 and 1950, well before the adoption of the Shoreland Ordinance and well before the development of West Lost Lake. f The main house is about 195 feet from the north shore and 80 feet from the south shore of the lake. The cabins range from 233 to 258 feet from the north shore and 40 to 57 feet from the south shore of the lake. In the middle of the two lake shores are the trees. g. Lying north of the main house and cabins are: (i) A private road (which also existed prior to the adoption of the Shoreland Ordinance) which provides access to the property. The Shoreland Ordinance has a 20-foot setback from all public and private road rights of way. Minn. Admin. Rule 6120.3300, subp. 5 encourages private roads, driveways, and parking areas 2 “to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters,” and prohibits roads from being place in shore impact zones. Trees lay along the north and south sides of the road. (ii) Trees and undergrowth provide a visual barrier for the road, the main house and the three cabins for persons on the north side of West Lost Lake. We want to maintain those trees and undergrowth as Minn. Admin. Rule 6120.3300, subp. 5 encourages the use of natural vegetation to achieve screening from view from public waters. h. Our construction will be on the northside of the buildings, the non-lakeside of the south shore. It will be out of the north lake shore’s SIZ. We will be upgrading the exterior appearance of the buildings. From the south lake shore, the existing buildings will block the view of the additional improvements. From the north lake shore, the trees and vegetation to the north will block the view of the improvements. i. Our well was constructed in 2002. j. Our sewer system was constructed in 2000. With the addition, we will be bringing sewer services to the three cabins, so the entire sewer system will up-graded. k. The OHWL for West Lost Lake is at 1302.1 elevation according to the DNR (DNR Water Level readings attached). The highest recorded water level was 1304.02 on May 10, 2001, with the lowest recorded water level of 1300.31 on October 9, 2015, The highest elevation of our lot is approximately 1310 feet. The areas of 1310 elevation are needed for the septic system and/or future septic system. Moving any structures to the north will encroach upon one or more of the following: (i) The 20-foot road setback; (ii) The well and septic system setbacks; (iii) The 3-foot vertical separation requirement; and/or (iv) The trees to the north, which will require their removal, and which will make the structures more visible from the lake to the north. (v) The SIZ for the north side of the lake. The DNR public access is on the north side of the lake. 1. m. Regarding our plan to construction a new shed, it will be about 180 to 200 feet west of the house (which is about in the middle of lot between the north and south OH WLs), and will not require the removal of trees. The trees will shelter is view from both the northside and southside of the lake. If we have to build the shed further west, then trees will have to be removed, additional dirt hauled in to build a road to get to the shed, and the SIZ for the north shore or the SIZ for the south shore would be impacted. Note: two properties to the west of us (tax parcels 38000310238005 and 38000310238011) have two large sheds built about 162 and 245 feet from the south shore, and about 198 and 237 feet from the north shore. 3 n. Our use will continue to be for the single family residential use of our immediate family, just like the prior owner, Leona Zimmerman. It will be used and occupied by our immediate family. Therefore, the existing buildings and their improvements are and will remain in harmony with the lake and the neighborhood, will not damage the area, the rights of others or the values of the neighborhood. Permitted Use. The Shoreland Ordinance Section III, District Requirements, paragraph3. 2 lists “Single Family Residence” as a permitted use. Section II, Definitions, paragraph 79 defines “Single Family Residence” as: “A dwelling unit used by members of I immediate family, which may include multiple structures provided they meet impervious surface and sanitation standards and are not rented-out separately....” This intent is further exemplified by the definition of “Dwelling Unit” (emphasis on the singular) in Section II, paragraph 28, which lists ""cabins” (emphasis on the plural) as an example of a “Dwelling Unit.” Minn. Admin. Rule 6120.2500, Subp. 6d provides a similar definition, including “cabins” in the plural. Therefore, a “Dwelling Unit” and a “Single Family Residence” may consist of multiple structures if used by one immediate family. Leona Zimmerman and her immediate family used the property for their Dwelling Unit and Single Family Residence. We are also using the property for our immediate family’s use as a Dwelling Unit and Single Family Residence, a permitted use under the Shoreland Ordinance. In addition, the Shoreland Ordinance allows uses of Duplex, Triplex and Quad on a single lot. See, Section III, paragraph 2, and Section II, paragraph 26. The additional requirements for Duplex, Triplex and Quad over that of Single Family Residential apply only to those Duplex, Triplex, and Quad "‘created after the date of enactment of the local shoreland controls. ” See, Minn. Admin. Rule 6120.3300, subp. 2 (emphasis added). The main house and three cabins built on our Government Lots were built before the enactment of the Shoreland 4 Ordinance. In the event our property does not qualify as a permitted use under Single Family Residence, then it should qualify as a permitted use under either a Duplex, Triplex or Quad. Our property is not a planned unit development (PUD) under the Shoreland Ordinance Section II, paragraph 60, 67 or 17, or under Section III, paragraph 2. It does not have five or more dwellings on any one lot. Nor is either the main house or the cabins are held out for separate sale, rent or lease. Our property is not a Bed & Breakfast Facility under Section II, paragraph 6. We do not lease, rent or sell any dwelling unit on our property, or hold it out to the public for public use. The Shoreland Ordinance Section III, paragraph 2 prohibition of a “Guest House/Bunkhouse” use is not applicable to our immediate family’s use of the property and its multiple structures as a Single Family Residential dwelling unit. Neither Section II nor Section III define “Guest House / Bunkhouse.” Minn. Admin. Rule 6120.2500 subp. 6g defines “Guest Cottage” as “a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot.” Minn. Admin. Rule 6120.3300, subp. 2 C further allows one “Guest Cottage.” However, the Shoreland Ordinance does not use the term “Guest Cottage.” Further, our cabins do not have a kitchen and a bathroom. We are requesting to add a bathroom, but not also a kitchen. Therefore, the more specific and defined Single Family Residential status is applicable to our use and our lot(s) and the existing buildings as a Single Family Residential use, which is a permitted use. 3. Grandfathered and Continuous Lots and Use. Minn. Stat. §394.22, subd. 8 defines "Nonconformity" to mean “any legal use, structure or parcel of land already in existence. recorded, or authorized before the adoption of official controls or amendments thereto that would 5 not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized.” The Otter Tail County Assessor’s records (copy attached, 2017 worksheet and 2021 detailed statement) show two sheds constructed in 1900 (one of which is the old store we seek to improve), and that the main house and three cabins (listed as “single-family/owner occupied”) were built in 1940 and 1950. The main house and three cabins predate the adoption of the Otter Tail County Shoreland Ordinance on October 15, 1971, predate most of the development on West Lost Lake, and their use has been continuous. Our property is seasonal residential real estate occupied for recreational purposes, with the Assessor giving it a property classification of “SEASONAL RVL NHSTD.” The use and occupation has been continuous since the adoption of the Shoreland Ordinance. The main house is located near the boundary line between Government Lots 3 and 4, and may be located on Government Lot 4, separate and apart from the three cabins that are on Government Lot 3. When my wife and I bought the property in March 2021, Leona Zimmennan and her family had been using it for their personal use as their dwelling. Before we bought the property, the seller and her real estate agent, Alan Olson, represented it as always in the continuous use by the seller and her family. Attached is the sale listing, and a copy of the electrical bill. The lawn was mowed. The electricity was on. The seller’s and her family’s personal possessions were in the main house and three cabins. It looked continuously occupied and used. We bought the property for our immediate family’s personal use as a Single Family Residence. We have four children. The three cabins will be used by the four children. We do not plan to hold out either the main 6 house or the three cabins for separate sale, rent or lease. We only intend to use it for personal recreational purposes, along with our immediate family. The lots and uses have been in existence prior to the adoption of the Shoreland Ordinance on October 15, 1971. Dated: -=Sf^erf^ramer ^ 7 06/03/20212020 R 38000320243000LEONA ZIMMERMAN ADMIN 596 HATHORNE WOODS DR EAGAN MN 55123-3050 28657 CO HWY 35 UNDERWOOD 56586 36.05SSCT-32 TWP-134 RANGE- 41 LOTS 2, 3, 4 & CARTROAD 2 RDS WIDE THRU LOT 11 PROP USE: 000150 SEASONAL R ZONE: MP#ACRES:LEGALDESC 151 SEASONAL RES REC NON-HOMESTEAD 099 CHOICE CODE0 APPR DATE: 07/13/2017 APPR: LCEQ LAND 356,700 393,500 395,400 WATER: L56048100 SWF UNITS: 5.00 NC-H/G NC-OTHERH/G GA LAND GA TOTAL HIGH TOTAL390.000 426,600428.000 ASMT INFO: 2019 2018 2017 BUILDING33,30033,10032,600 SITEMACHINE IN VI QU SALE PRICE ADJ SPRICE PP OP NOTES WD I QSALE DT03/15/2021 STRAMER,STEVE J & SO ZIMMERMAN,LEONA C ISSUE DT PERMIT # TYPE DESCRIPTON BUYER SELLER PP : DOCK/LIFT/WOOD COOK STOVE252,000 y255,000 BLDG/XFOB 14975 118348 3 ASMT INFO LAND/GA 2019 TOTAL 389955 BAMOUNT PERMIT NOTES 356632 9 GA SEO CLS/H/CHO REC CODE FLAGS FRONT DEPTH BACK DT001 151 0 099 001 560481 100 350002 151 0 099 001 560481 100 350003 151 0 099 001 560481 200 400NOTES: 1800' IS FEASIBLE TO DEVELOP004 151 0 099 001 560481 200 400 005 151 0 099 001 001000006 151 0 099 001 005161NOTES: HAS W&S LINE VALUE 36,800 24,640 58,880 NO UNITS UT 100.000 FF100.000 FF200.000 FF 19.52 IS LOW200.000 FF 4.720 AC 1.000 UT UT PRICE 400.000 400.000 400.000 DADJ1.151.151.15 NBHD 1.00.67 1.00 1.00 1.00 .80 1.00 1.00 EFF RATE 368.000246.400294.400 01 .8001.80 1.0001 400.000 1.15 .80 .67 .80 1.00 1.002350.000 1.00 1.00 1.00 1.00 1.00 1.0020000.000 1.00 1.00 1.00 1.00 1.00 1.00 197.200 2350.000 20000.000 39,44011,09220,000 01 0.000 GA 190,852 135,200 0.000 SF 4.720 AC600.000 FF 0.000 EFTOTAL FOR RECORD NUMBER 001 400.000 .80 .80 .33 .80 1.00 1.001.00 1.00 1.00 1.00 l.OO 1.00 1425.000 1.00 1.00 1.00 1.00 1.00 1.00 1425.000 67.6002000 100 2000.000 FF 4.590 AC 21.460 AC 01007 111 0 098 002 100481008 111 0 098 002 LKAC2B009 111 0 098 002 001002 030,580 0.000 GA 165,780 356,632 0.000 SF 26.050 AC0.000 EFTOTAL FOR RECORD NUMBER 002 2000.000 FF 30.770 AC 0.000 GA0.000 SF2600.000 FF 0.000 EFTOTAL LAND VALUE /OOl2020 R 38000320243000 ARCH STYLE: 05 CONVENTION P-NBHD: 003800.00 BLOCK: 000000 COND: 28657 CO HWY 35 UNDERWOOD 56586 MODEL: 01 SFR CENSUS TRACT: 00000000 LEONA ZIMMERMAN ADMIN BUILDING USE: 000100 SINGLE FAM BUILDING CHARACTERISTICS;CODES NBHD DIV%EXW 01 EXWRCVR 01 RSTR 01 INT 02 CAMA INDEX: NBHD INDEX;70.700 100.000B-NBHD; 000000.00 - --AREA CALCULATION TOTAL AREA DESCRIPTIONS 1.00 1.000 %RCN %ADJ RATE 308 94.55896 14.969 RCNLDVALUE14270704 sub­area OQ41940 125 OP41940 20 VALUE291241437 GOOD49.0049.00WOOD%ASPHALT GABLE/HIP WALL BD/WD ♦Total 404 30562 14975 SEQ<> 1 %INTFLR \FLR SPACE HEATHTTP 13 A/C QUAL 07FRME 02CEILSIZEHTFLUD-2UD-3UD-4UD-5UD-6MEASBSMTSTYSBATHFIXT D 4WOOD FRAME --26--IOQ41940 I8III---16----------+1 6OP41940 68III--16--IRMS - - +^---I IUNIT BDRM C-W%HGHT PMTR KIND FNDN 02 KTCH UD-9 UD-9AYB 1940 BYB 1945 SPCD FUNC DP +------10--- + DEPR% 47.25 1.000 1.00 0.00 1.000 1.00 0.00 1.000 1.00 TOTAL FOR RECORD NUMBER 001 DIV% NBHD DEPR VALU 17268# UNITS352.00420.00120.00 UT PRICE YEAR QTY ADJl QL 31.00 1950 003 1.00 2.00 0000 001 1.00 2.00 0000 001 1.00 XFOB BN CODE DESCR 001 000 001000 D3 CABIN CRAWLSPACE 002 000 000769 PO UTIL SH 003 000 000769 PO UTIL SH DM1 DM2 DM322 16 014 30 010 12 0 84024018348 % %ECON DP 28657 County Hwy 35, Underwood, MN 56586 MLS #20-31143 est Lost Lake: Old resort with 1 house, 3 cabins, and utility shed on 36+ acres. Over 9,000 feet of frontage on a long peninsula. 3od hunting, fishing and lots of green space for yard games. Requires walking to view property. Cabins need TLC. West Lost Lake 723 acres with 6 feet water clarity and 16 feet maximum depth. Great family retreat. Bring this awesome property back to life. In 9 heart of the lakes area - your getaway from worldly pressures. West Lost Lake was selected as a State Championship fishing <6 for the 1990 BASS Classic. Otter Tail River flows through West Lost Lake. tatus Change Info atus ontract Information lent Days On Market ;ting Type :pire Date pe of Property lyer Agency cilitalor lal/Variabie Rate mus vner lowing Instructions rider Owned ffice/Member Info ding Office 07/21/2020Status Change DateActive Cumulative DOM List Date Original List Price List Price Buyer Agency $/% Facilitator $/% Commission Pd on Concessions No Agent Relationship Occupied By Showing Appt Phone # 22 07/20/2020 275,000 275,000 Excl Right to Sell 07/20/2021 Single Family Residence %2.50 %0 No NoNo Owner 218-864-0547 Zimmerman 24 Hour Notice No Judi Olson, CRS, GRI, ABR, RRS, CDPE Other Phone; 218-205-8543 Fax: 218-864-0548 Office: 218-864-0547 http: .7'.vv*av.c2 1 al .info Listing MemberCentury 21 Atwood 501500007 Alan Olson of Century 21 Atwood Mobile; 218-205-8543 Fax: 218-739-2258 Office Phone: 218-739-3281 Alan Olson: 218-205-7128 http .'/WWW,c21 al.info (-listing Member eneral Property Information operty Type Previously Owned 1.25- 1.75 Story Construction Status Stories/Levels Year Built Foundation Size Total Bathrooms 3/4 Baths 1/4 Baths Finished Above Grade Total Fnsh'd SqFt Aprox Lot Dimensions Waterfront Water Access Association Fee Residential SF Seasonal Use/le 1940tal Floors imodeled/Addition tal Bedrooms II Baths ! Baths epiace lished Below Grade irage Capacity prox Nbr of Acres iterfront Name 2 414No 14 10 00 414No 4140 irregular0 Yes36.05 West Lost Lake No100Ownership scation, Tax and Other Information otter Tail 38000320243000 -95.873160 City/Rural Geo Lat Rural 46.378906 unty reel Number :o Lon jal Description ; Classification Sect-32 Twp-134 Range-041 LOTS 2, 3, 4 & CARTROAD 2 RDS WIDE THRU LOT 11 Seasonal Recreational 3,132 Tax Year Assessments Taxes w/Assessments Lock Box Source Lock Box Serial # 2020 : Amount iessment Balance lool District ;k Box Type rections & Remarks ections No 0 3,202 LKSREGION 12345 Underwood #550 None Underwood: North on county hwy 35 to west on #1, to north on Water St Rd to East on Water St Trail to 28840 Water St Trail. Park and walk to property. There are bees on the properly. Be prepared for rough walking. All debris and personal property stays. Assessed on 2,600 feet of frontage.snt marks Jtails uare Footage:Unimproved Asphalt Shingles Sand None Window Not Applicable None Private - Tank w/Drain Field Deep; Private Cash; Conventional Main Floor SqFt; 414; SqFt 2nd Level: 0; SqFt Down: 0 DNR #: 56048100; Lake Acres: 794; Waterfront Frontage: 9,000; Lake Maximum Depth: 16; Lake Class: Natural Environment; Lake Chain: No; Road Btwn Wtr & Home: No Undeveloped Main Floor 3/4 Bath Road Frontage: Roof; Soil Type: Mechanicals; Air Conditioning; Fuel: Heat: Sewer: Water Type: Terms; Pets Allowed: iterfront Info: ach Type: th Description: sement Features: seinent Materia): sement Style: nstriiction Type: terior: rage Type: t/Land Description: tbuildings: N/A N/A N/A YesFrame/Wood Wood None Tree Coverage-Medium Outhouse; Shed(s) )rmation is deemed to be reliable, but is not guaranteed. © 2020 MLS and F8S. Prepared by Century 21 Atwood on Wednesday, July 22, sheet has been made available by the MLS and may not be the listing of the provider. 2020 10:08 AM. The information on ^ Otter TAIL COUNTY ASSESSOR ®)Assessor i-iuri piovicted Var:Ouara Appr«i’w^h,; Parcel Number: Deed Holder: Property Address; 38-000-32-0243-000 LEONA ZIMMERMAN ADMIN 28657 CO HWY 35 UNDERWOOD, MN 56586-0000 MAP THIS ADDRESS 596 HATHORNE WOODS DRMailing Address; EAGAN, 55123-3050 USA MAINE TWPPDF Name; Subdivision: Sec-Twp-Rng: Legal Description; N/A 32-134-041 LOTS 2, 3, 4 8i CARTROAD 2 RDS WIDE THRU LOT11 No image to display Prior Year Value Informatior Dwelling Value Total Value $421,800 $396,100 $389,955 Improvement Value $41,400 $34,600 $33,323 Land Value $380,400 $361,500 $356,632 Year $02022 $02021 $02020 Land Front Foot Information Side 2SIdelRearFrontLot 350.00Main Lot 350.00100.00100.00 Main Lot 350.00 350.00100.00100.00 100.00Main Lot 100.002,000.00 2,000.00 Main Lot 400.00400.00200.00 200.00 400.00Main Lot 400.00200.00 200.00 Land Information Square Feet AcresLot Type 0.00001.00 Unit Agricultural Land Information Description 001002 - LOW WOODS NON-PROD 001000 - HIGH WOODS NON-PROD LKAC2B - LAKESHORE ON 28 Acres 21.460 4.720 4.590 Residential Building Information Style 1 Story Frame 1 Story Frame Year BuiltOccupancy Single-Family / Owner Occupied Single-Family / Owner Occupied 1950 1940 Yard Extra Information Year BuiltDescription Shed Shed Item Count 19001 19001 Sate Information RecordingNon-Useable Transaction CodeSale Date Amount $252,00003/15/2021 00 - NORMAL ARMS LENGTH TRANSACTION uoi^euijo^ui deM SIS ott (1^1^ (oteJtdo ®--------^ I8btl 91 (0*6l) too St 8 98 Otter Tail County visit the county website OTTtRTM J Parcel: 380003202*X q.38000320243000 28657 CO HW ACRES: 34.36 OWNER: STRAMER TOWNSHIP: 134 SECTION: 32 RANGE: 041 ilillMiiiS # i ■'i :''i|mil I' 1.. , '*./'■ d3B4C WATER STREETTRLtv'i, • m CAMA& Sales [m T'S' If 'n ^^PfOfi(?rtv Taxes L, ,;i■.! Q\ADVANCED ER' Zoom tos w3211 DEPARTMENT OF NATURAL RESOURCES DNR RESPONSE TO COVID-19: For details on adjustments to DNR services, visit this webpage lhttps://www.dnr.state.mn.us/covid-19.htmn. For information on the state’s response, visit the Minnesota COVID response webpage ihttps://mn.gov/covid19/i . West Lost - 56048100 Otter Tail County Water Level Data Period of record: 11/04/1987 to 05/05/2021 # of readings: 306 Highest recorded: 1304.02 ft (05/10/2001) Lowest recorded: 1300.31 ft (10/09/2015) Recorded range: 3.71 ft Last reading: 1302.21 ft (05/05/2021) Ordinary High Water Level (OHWi (/waters/surfacewater section/hvdrographics/ohw.html) elevation: 1302.1 ft Datum: NGVD 29 (ft) Download lake level data as: FdBase (https://files.dnr.state.mn.us/cgi- bin/lk levels dump.cgi?format=dbf&id=56048100)] [ASCII Ihttps://files.dnr.state.mn.us/cgj- bin/lk levels dump.cgi?format=csv&id=560481001] (If you have trouble try right clicking on the appropriate link and choosing the "Save ... As" option.) Waiter Lr»‘els. aon «- l7 to 2021 6•IT csos-s \g l^ I{US2 S :d.it r1rTTUS2 a \fI v'/I yI EWS5 S!I n/ixn 0 /I /♦090. i ii y,'' yi'* yi'' ys'' t'*y.'-. (https://maps1.dnr.state.mn.us/cgi-bin/lakesdb/hvdrograph cgi.pv?basins=56048100:West Lost&startdate=2011 -6-17&enddate=2021 -6- 17&&hvdrograph tvpe=time series&show ohwl=1&show legend=1&output format=png£twidth= Last 10 years of data, click to enlarge. Benchmarks Elevation: 1305,98 ft Date Set: 08/27/2003 Datum: NGVD 29 (ft) Location: T134R41S32 Description: Top centerline south end of 6' x 6' box culvert between north and south portions of lake. Datum: NGVD 29 (ft) Location: T134R41S32 Description: Found 2010 for Gage Run use only with prior permission. NE corner of door sill/slab at cabin #8, at Weslake Resort, 28507 Co Hwy 35, Underwood, on SE side of lake. Elevation: 1309.11 ft Date Set: 08/22/2003 Datum: NGVD 29 (ft) Location: T134R41S33 Description: Found 2021; chopped out in 2015. Horizontal 3/8" x 8" spike, 1.5' above grd, in lakeside of a 0.7' (now 1.4') Elm, T West of West edge of bituminous and 113' South of North entrance, at Public Access off CSAH 35, at east end of lake at inlet of Ottertail River. Elevation: 1305.16 ft Date Set: 09/22/1992 Questions? Call 651-296-6157 or 888-MINNDNR (646-6367) Email us: info.dnr@state.mn.us Sign up for email updates Email address Subscribe f # (^ in O © 2021 Minnesota DNR | Equal opportunity employer | Data access | Disclaimers, legal notices and policies | A-Z list frr/■ ^c// J%t 4 .."t" ■!< *.' *! % 1^#4 P 'tf. ¥Sm»f'- /Ch^St^at!* ■i /^•3&*J « «M-’ 1?5 Mi 4 ri f-t 1£»•4 • •JS#» :.v.;*;(.:;<S^;m \ tSj&. S'S*r%I mfJ ii \/SS^#/*/ f ;\'i' ';>:''o^-t. I i:C1 i # XI I 5I#f:f i t I 4JL SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE: Construct a 40' x 40' Pole Shed being 130' from OHWL (Centered on Lot). Add a 14' x 30' Addition to the store/tornado shelter being 56.5' from OHWL. Add a 26' x 52' Addition to dwelling being 77' from the OHWL. Add three 10' x 16' Additions and three 16' x 8' Patios to the 3 existing cabins being 48' from the OHWL at the closest point. Add four RV sites (10' x 30' Pad) being 120' from OHWL (Centered on lot). ___ Currently the Shore Impact Zone Impervious Surface Coverage is 32,088 sq. ft., propose to increase the IUNC coverage 1,498 sq. ft. for a total of 33,586 sq. ft. in the Shore Impact Zone. CONI 0^/ /a-1 / Co. SKt . ill l\J '? B I DIVISION I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. lATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time Mntinn Steven Stramer - Variance Application Revised Request Approved (6:02 p.m.) May 13, 2021 • After consideration and discussion, Michael Donoho made a motion, seconded by Douglas Larson and earned by roll call vote to table this variance request to June 10, 2021, to allow the property owner to revise the request to relocate some of the structures and reducing the number of structures June 10, 2Q21 • After consideration and discussion, Thomas Lee made a motion, seconded by Brent Frazier and carried by roll call vote to approve the request to table the variance request to July 8, 2021 July 8, 2021 - After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and unarumously carried to approve a vanance to 1.3 Cabins • Replace the existing foundation on 3 cabins, add a 10’ x 16’ addition to each cabin and add 8' x 16' patios to the front (Sly) side of each cabin with the condition that the cabins be moved back, and the patios are placed no closer to the lake than the existing foundation of the cabins The placement will be approximately 26’ to the lake at the closest point. 2. Mam Dwelling - Add a 52’ x 26’ addition to the existing/main dwelling being approximately 77' from the lake 3. Store/Tomado Shelter - Add a 14' x 30’ addition to the existing store/tomado shelter being approximately 56 S’ from the lake '4 Storage Shed - Constaict a 40’ x 40’ storage shed with the condiuon that the proposed storage shed is moved to the west approximately 180’ from the original proposed location as depicted on the map submitted with the Variance Application and placed in the center of the lot in that area'rtlis decision is also based on the Findings of Fact and Decision Form, which contains the critena reviewed and the Board's finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department Note the request for the impervious surface coverage in the shore impact zone does not need Board of Adjustment approval as the revision (dated July 1,2021) of the Shoreland Management Ordinance allows for the proposed amount of impervious surface coverage in the shore impact zone, sec Section 8 Subp 4 (BKO. pftgc 35 of Shoreland Management Ordinance l2diairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management f Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TfllleosiTT-aittiioTi GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Steven Stramer Address/Parcel No. 28657 Co. Hwy 35 / 38000320243000 Requested Variance: Construct a 40' x 40' Pole Shed being 130' from OHWL (Centered on Lot); Add a 14' x 30' Addition to the store/tornado shelter being 56.5' from OHWL; Add a 26' x 52' Addition to dwelling being IT from the OFIWL; Add three 10' x 16' Additions and three 16' x 8' Patios to the 3 existing cabins being 48' from the OHWL at the closest point: Add four RV sites (10' x 30' Pad) being 120' from OFIWL (Centered on lot): Currently the Shore Impact Zone Impervious Surface Coverage is 32,088 sq. ft., propose to increase the coverage 1,498 sq. ft. for a total of 33,586 sq. ft. in the Shore Impact Zone. Otter Tail County Ordinance: X Shoreland Mgmt. iJ Sanitation. Li Subdivision. [IWECS L! Dock & Riparian Use □ Setback Ord. Ordinance Section Citation:III. 4. A. &IV. 8. B.l A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Restore Resort & Update cabins with bathroom & utility, old store foundation needs to be fixed and could like a common area for family retreats. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: It is an existing lot of record established prior to zoning regulations established in 1971. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: The additions area minimal additions to the existing legal non-conforming structures. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The topography of the land restricts the suitable area for use being considered. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar structures in the neighborhood with similar setbacks. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The addition is a minimum expansion to an existing legal non-conforming structure for personal use. The Otter Tail County Board of Adjustment: APPROVES___X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. *DcwieM 'Tf.eMaiMe.DATED: July 8, 2021 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. 1254891 LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 03/17/2021 03:37 PM FEE: 96.00 PAGES 3 WELL CERTIFICATE REC'D: Y No delinquent taxes and transfer entered; Cedificate of Real Estate Value ( /) filed ( ) not required. Certificate of Real Estate Value No. |-1 . -rf CK (YEAR)0-- otter Tail County Auditor/Treasurer..... ••X oM oov 006 .-.I-By:,, Deputy I TO (Top 3 Inches Reserved for Recording Data) WARRANTY DEED Individual(s) to Individual(s) Minnesota Uniform Conveyancing Blanks _________________Form 10.1.1 (2013) t ^’^ia I! ^ DEED TAX DUE: $ gV/ eCRV number: DATE: March 15, 2021 FOR VALUABLE CONSIDERATION, Leona C. Zimmerman, single ("Grantor”), hereby conveys and warrants to Steve J. Stramer and Sonia A. Stramer ("Grantee”),real property in Otter Tail County, Minnesota, legally described as follows: See Exhibit A attached hereto. Click here if all or part of the described real property is Registered (Torrens) □ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: (a) building and zoning laws, ordinances, and state and federal regulations; (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; (c) reservation or any mineral rights by the State of Minnesota; (d) utility and drainage easements which do not interfere with existing improvements. Check applicable box: □ The Seller certifies that the seller does not know of any wells on the described real property. IS A well disclosure certificate accompanies this document or has been electronically filed, (if electronically filed, insert WDC number: □ 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. .) I Erik Kolz as attorney in fact for Leona C. Zimmerman COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX S SO NUMBERDATE \ Page 1 of 2 Otter Tail County, Minnesota 1254891 1 of 3 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.1 State of Minnesota, County of Otter Tail by Erik Kolz as attorney inThis instrument was acknowledged before me on fact for Leona C. Zimmerman, single. (Stamp) (signature o'f notarial officer) KATIE E. LINSCHEID ajffjp Notary Publlc-Minnesota My Commtaalan Expires J«n 31,2028 Title (and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: BURNET TITLE 17305 Cedar Avenue #110 Lakeville, MN 55044 2111021-01640/ TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO (insert legal name and residential or business address of Grantee) Grantees: Steve J, Stramer Sonja A. Stramer otter Tail County, Minnesota 1254891 2 of 3 < EXHIBIT A Lots Two (2), Three (3), and Four (4), of Section Thirty-two (32), Township One Hundred Thirty-four (134), Range Forty-one (41), Otter Tail County, Minnesota, AND A strip of land two rods wide following the lake shore leaving the main road at the North point of Lot Eleven (11) of Section Thirty-two (32), Township One Hundred Thirty-four (134), Range Forty-one (41), Otter Tail County, Minnesota, said strip proceeding from the above mentioned point in a southwesterly direction along the south shore of West Lost Lake to the point nearest opposite point in Lot Two (2) of Section Thirty-two (32), Township One Hundred Thirty-four (134), Range Forty-one (41), now correctly described as: A 33-foot wide strip of land lying within Government Lot Eleven (11), Section Thirty-two (32), Township One Hundred Thirty-four (134), Range Forty-one (41), Otter Tail County, Minnesota. The centerline of said strip is described as follows: Commencing at the Southeast corner of said Section 32; thence on an assumed bearing of South 89 degrees 30 minutes 30 seconds East along the easterly extension of the southerly line of said Section 32 for a distance of 4.42 feet to the centerline of County State Aid Highway No. 35 as existing and constructed; thence North 0 degrees 04 minutes 17 seconds West on said centerline for a distance of 3547.27 feet to the point of beginning of the line to be described; thence southwesterly on a nontangential curve, concave to the southeast, having a radius of 376.82 feet, a central angle of 47 degrees 52 minutes 57 seconds and a chord bearing of South 66 degrees 05 minutes 55 seconds West, for an arc distance of 314.91 feet; thence South 42 degrees 09 minutes 27 seconds West for a distance of 446.95 feet; thence Southwesterly on a tangential curve concave to the Northwest, having a radius of 430.75 feet and a central angle of 33 degrees 35 minutes 15 seconds for an arc distance of 252.51 feet; thence South 75 degrees 44 minutes 46 seconds West 96.20 feet; thence South 64 degrees 02 minutes 32 seconds West 240.18 feet; thence northwesterly on a tangential curve, concave to the Northeast, having a radius of 60.39 feet and a central angle of 79 degrees 15 minutes 04 seconds for an arc distance of 83.52 feet; thence North 36 degrees 42 minutes 47 seconds West 50.00 feet and there terminating: (Description from excepted tract on page 3 of Judgment recorded as Document No. 1043090 with the Otter Tail County Recorder, and excepted tract on page 3 of Judgment recorded as Document No. 865481 with the Otter Tail County Recorder). Otter Tail County, Minnesota 1254891 3 of 3 otter Tail County Web Map http ://www. CO. o tier- tail. mn. us -A ■■:%'-A-i#.. AT- ■in ;.A’’- »:1. TVSj-^l a Alfe'- ’M}'^■r'e^AA;-*A.,A ITi‘^■9.A«-S - ^ . , . T.VA,• ^A-i AJ,uI -5 X "Wv:a-T->. ; A A ‘V i