HomeMy WebLinkAbout38000990794000_Variances_07-11-20131130763 7-I/-XOI3
DOC# 1130763Date Stamp
1130763
Fee: $46.00
Well Certificate [ JRec'd
RtCEiVEt'Certified, Filed, and/or Recorded
July 17, 2013 10:15 AM
Brian Armstrong, Recorderm 1: 2m
LAND & RESOURCE
Returned To:
land & RESOURCE
¥L&R Initial By: LL
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
Hdo‘'Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date jijtJ
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DAYTIME PHONE SPROPERTY OWNER THOM/^S OA
MAILING ADDRESS
RDLAKE CLASSLAKE NAME
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LAKE NUMBER
Ma'ine^TOWNSHIP NAMETOWNSHIPSECTION
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ADDRESS A/
PARCEL
NUMBER ,________ A/f. h ______fru -
Lot5 ^7av^d BLK 1 j Fauttv Riai\ Es+nkrsLEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
WECSSubdivisionCluster Misc.Sewage SystemStructure Setback Structure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
"k'/w't ^ i~h t !2>oa rj^ cl ^ cJ (X F'd- ^cOy\
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
971 ^ /PAMaJ
SIGNATURE OF PROPERTY OWN^R /AGENT FOli^OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARIN SCANNED(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345.194 • Victor Lundeen Co . Printers • Fergus Falls, Minnesota
// ^0/J-TimeDate Of Hearing
Motion
Thomas and Claudia Olson - Variance application was approved as requested. (6:43 p.m.)
After consideration and discussion, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve
the variance application as submitted and to declare Lots 17 and 18 Block 1 Fawn Run Estates as one combined buildable lot for
residential development/purposes. The variance as approved is consistent with past actions of the Board of Adjustment. The
variance as approve will provide the applicants with like use of their property as compared to other properties in the immediate
area.
Chairman/Otter T^iH^ounty Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
0^/7//7//J
LR c/ficial/Cfete •Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, July 11, 2013
The Otter Tail County Board of Adjustment met Thursday, July 11,2013, with the following persons in attendance:
Bernie Larson Thomas LeeMichael Harris
Steve Schierer
Bill Kalar, Director - Land and Resource Management (from 7:30 p.m. until the end)
Denise Gubrud, Land and Resource Management
David Hauser, County Attorney
Ward Uggerud
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 June 13, 2013 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Charles and Kathy Fischer - Variance application was approved as requested. (6:32 p.m.)
Charles and Kathy Fischer, Lot C Dursch’s Silver Bay, Silver Lake in Everts Township, requested a variance of 3’ 5"
from the required side lot line setback of 10’ for a 14’ by 33’ second level addition to an existing garage located 6' 7”
from the lot line. The audience was polled with no one speaking for or against the variance as requested, Gary
Dirckx, contractor appeared with the applicants at the public hearing. Letters from Kenneth Dahl, Erik and Shelly
Hegerle, Dave and Bonnie Pfeffer, and Jonah and Sarah Pfeffer in support of the variance as requested was read for
the record. After oonsideration and discussion, Thomas Lee made a motion, second by Ward Uggerud and
unanimously carried, to approve a variance of 3’ 5” from the required side lot line setback of 10' for a 14’ by 33’
second level addition to an existing garage, the roof of which will be tied into the roof of the existing house which is
located 6’ 7” from the side lot line at its nearest point. As you will note from the drawing dated June 17, 2013, which is
on file with the Land and Resource Department there is greater separation between the side lot line and the house
and attached garage as you move from the lake side of the structure to the rear of the structure; therefore, most of the
proposed addition, if not all, will be more than 6’ 7” from the side lot line. It was noted that the proposed addition will
not obstruct view from the adjacent property and per the applicants' application they have stated that impervious
surface coverage will be reduce to 25%. Hardship/practical difficulty is a substandard lot of record.
^^omas and Claudia Olson - Variance application was approved as requested. (6:43 p.m.)
Thomas and Claudia Olson, Lots 17 and 18 Block 1, Fawn Fun Estates, Pickerel Lake in Maine Township, requested
the following: 1 am requesting that the Board declare that these two lots (Lots 17 and 18, Blocki) combined constitute
one buildable lot for a residential dwelling. Together they total 80,853 square feet. I would like to build a single family
home on the property. Combined lots result in 188’ of frontage. Requesting a 112’ variance to the 300’ requirement.
The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the
variance application as submitted and to declare Lots 17 and 18 Block 1 Fawn Run Estates as one combined
buildable lot for residential development/purposes. The variance as approved is consistent with past actions of the
Board of Adjustment. The variance as approve will provide the applicants with like use of their property as compared
to other properties in the immediate area.
Don L. Westin Et. Al. - Variance application was approved as requested with a condition. (6:48 p.m.)
Don L. Westin Et Al, Lot 8 Okeson Beach and Lot 8 Block 1 Okeson Bach First Addition, Eagle Lake in Eagle Lake
Township, requested a variance of 14’ from the required ordinary high water level setback of 75’ for the placement of
a 14’ by 34’ deck 6T from the ordinary high water level. Milt Paulson represented the applicants at the public hearing.
The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Ward Uggerud made a motion, second by Thomas Lee and unanimously carried, to approve a variance of
14’ from the required ordinary high water level setback of 75’ for the placement of a 14’ by 34' deck 6T from the
ordinary high water level as depicted on the drawing submitted with the variance application dated June 18, 2013 with
the condition that the existing 7' by 12’ shed must be place in a location that complies with the requirements of the
ordinance. The proposed development is behind the existing building line. It should be noted t
representative voluntarily agreed with the Board’s proposal to relocate the shed. <It
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SCALE DRAWING FORMr
I ooo39^-000-^^ ~07^3'Ooo flvv
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, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
1 sg -
P Scale
%
Impervious Surface Ratio
(Must Complete Worksheet On Other Side)I
i
330
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7 Date'^’-operty Owner■ j
338.596 • Victof iund»en Co, Printers • Fergus Sails, MN • 1-800-346-4870BK — 0909
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping;
(Plastic Barrier)
Other:
f
Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
80.S53 Ft2LOT AREA:
X100 =.%
TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO
The address you have supplied for the Thomas and Claudia Olson housing project has already got a home on it. If you
are talking about the two lots next door to the east there are restrictive conveniences on the property. They were put in
place years ago by the developer of Fawn Run Estates, Steven and Nancy Savory. Ottertail County and it's court system
has made it very difficult to very from the property laws in place. Check the record with the Oak View Shores and Fawn
run Estates property owners versus Jeffrey and Sandra Sedivy about 13. 14 years ago. These people took me to court
three times because I wanted to build my existing shed. Judge Paul Ballard ruled in our favor. Long story short Wayne,
are these restrictions still in effect? Also did the seller make known at the time of sale the restrictions? I'd doubt it. The
Olson's should have some recourse against the seller if these restrictions were not properly conveyed. I believe the seller
is Duane Fettig. Please advise me as of the outcome of the property restrictions.
Jeffrey Sedivy
Sales Manager
Fargo Freiqhtliner
(701)293-9133
(218)343-3776 Mobile
(701)293-0325 Fax
isedivv@farqofreiqhtliner.com
0
CONFIDENTIALITY NOTICE: This information is intended only for use by the individual or entity to which it is addressed
and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any
unauthorized review, use, distribution, or copying is prohibited. If you have received this communication in error, please
inform the sender immediately by replying to this message and destroying all copies of the original message.
SCANNED2
Wayne Stein
Wayne Bergerud <wkb.rtfm@yahoo.com>
Thursday, June 27, 2013 9:05 AM
Jeff Sedivy; Wayne Stein
Re: Notice of hearing July 11th
From:
Sent:
To:
Subject:
Jeff,
A couple of things that are strange.
The restrictive convenience I believe go out in 2014, those lots were developed in 1984 and the
size of the lot was one acre which ment you could build on the lot and then put a shed on after the
house was built. You could have built a house on those one acre lots, Wayne and Deb
Bergerud(Ralph Krebs) 2000, I don't remeber what the building restrictions were in 1984 and lot
sizes. But I know that I had to buy a lake lot with 100' of shore line and build 75' back on Little
McDonald in 1984.
I also know not that the county will not let you develope a lot unless it is 2.5 acres that is 1000' feet
from a lake and 300'from a river. If within the 1000' and 300' restrictions they must be 5 acres.
There is the shed going up next to me that is on a one acre lot now.
It would be nice if the county would send out a map so that most of the people would understand
what they are doing.
If the county has changed its restictions on the lot sizes then the county should have to notify
everyone that has a sub 2.5 acre lot and tell they can not build a house on them. These lots on Fawn
run were develped to be used at 1 acre and they should always be able to build on these one acre
lots. If this is not true then the ones that sell the lots should be required to tell you are buying a lot
that you can not build on and thus the the value to the property should go down considerably.
I own two lots next to me that I beleive I should be able to sell and whom ever buys they should be
able to put up a house just like my house. Which would mean there could be a possiblity of 15+
houses in the fawn run estates.
Wayne Bergerud
From: Jeff Sedivy <isedivv@farqofreiqhtliner.com>
To: wstein@co.ottertail.mn.us: wkb.rtfm@vahoo.com
Sent: Thursday, June 27, 2013 8:31 AM
Subject: Notice of hearing July 11th
Mr. Wayne Stein,
The address you have supplied for the Thomas and Claudia Olson housing project has already got a home on it. If you
are talking about the two lots next door to the east there are restrictive conveniences on the property. They were put in
place years ago by the developer of Fawn Run Estates, Steven and Nancy Savory. Ottertail County and it's court system
has made it very difficult to very from the property laws in place. Check the record with the Oak View Shores and Fawn
run Estates property owners versus Jeffrey and Sandra Sedivy about 13. 14 years ago. These people took me to court
three times because I wanted to build my existing shed. Judge Paul Ballard ruled in our favor. Long story short Wayne,
are these restrictions still in effect? Also did the seller make known at the time of sale the restrictions? I'd doubt it. The
Olson's should have some recourse against the seller if these restrictions were not properly conveyed. I believe the seller
is Duane Fettig. Please advise me as of the outcome of the property restrictions.
Jeffrey Sedivy
Sales Manager
1 SWD
Wayne Stein
Wayne Stein
Thursday, June 27, 2013 12:29 PM
'Jeff Sedivy'; wkb.rtfm@yahoo.com
Bill Kalar; 'Wayne Bergerud'; David Hauser
RE: Notice of hearing July 11th
From:
Sent:
To:
Cc:
Subject:
June 27, 2013
Dear Mr. Sedivy-
On my notice I listed the address as the following:
- Located Adjustment to 32941 Pickeral Drive N
Unfortunately that statement should have read as follows:
- Located Adjacent to 32941 Pickeral Drive N
I apologize for the confusion this has caused.
Otter Tail County does not have the authority to enforce restrictive covenants placed on property by a
developer. Restrictive covenants are enforceable only by the owners of the properties that the restrictions have been
placed against. Otter Tail County does have a Shoreland Management Ordinance and does enforce this ordinance
through our Land and Resource Department. I am not an attorney and have no ability or authority to render an opinion
as to the status and/or enforceability of any existing restrictive covenants. Since I was not a party to the previous
owners transaction with the new owner, I am not able to comment on what was or was not disclosed.
The outcome of the Board of Adjustment meeting will be posted to the County's website by the Monday following the
meeting.
Sincerely,
Wayne Stein, County Auditor
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone 218 998-8041
Fax 218 998-8042
Email - wstein@co.ottertail.mn.us
From: Jeff Sedivy fmailto:i5ediw@farQofreiqhtliner.com1
Sent: Thursday, June 27, 2013 8:31 AM
To: Wayne Stein; wkb.rtfm@yahoo.com
Subject: Notice of hearing July 11th
Mr. Wayne Stein,
1
Fargo Freiqhtliner
(701)293-9133
(218)343-3776 Mobile
(701)293-0325 Fax
isedivv@farQofreiqhtliner.com
CONFIDENTIALITY NOTICE; This information is intended only for use by the individual or entity to which it is addressed
and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any
unauthorized review, use, distribution, or copying is prohibited. If you have received this communication in error, please
inform the sender immediately by replying to this message and destroying all copies of the original message.
2
Wayne Stein
Jeff Sedivy <jsedivy@fargofreightliner.com>
Thursday, June 27, 2013 8:31 AM
Wayne Stein; wkb.rtfm@yahoo.com
Notice of hearing July 11th
From:
Sent:
To:
Subject:
Mr. Wayne Stein,
The address you have supplied for the Thomas and Claudia Olson housing project has already got a home on it. If you
are talking about the two lots next door to the east there are restrictive conveniences on the property. They were put in
place years ago by the developer of Fawn Run Estates, Steven and Nancy Savory. Ottertail County and it's court system
has made it very difficult to very from the property laws in place. Check the record with the Oak View Shores and Fawn
run Estates property owners versus Jeffrey and Sandra Sedivy about 13. 14 years ago. These people took me to court
three times because I wanted to build my existing shed. Judge Paul Ballard ruled in our favor. Long story short Wayne,
are these restrictions still in effect? Also did the seller make known at the time of sale the restrictions? I'd doubt it. The
Olson's should have some recourse against the seller if these restrictions were not properly conveyed. I believe the seller
is Duane Fettig. Please advise me as of the outcome of the property restrictions.
Jeffrey Sedivy
Sales Manager
Fargo Freiqhtliner
(701)293-9133
(218)343-3776 Mobile
(701)293-0325 Fax
isedivv@farqofreiqhtliner.com
0
CONFIDENTIALITY NOTICE: This information is intended only for use by the individual or entity to which it is addressed
and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any
unauthorized review, use, distribution, or copying is prohibited. If you have received this communication in error, please
inform the sender immediately by replying to this message and destroying all copies of the original message.
SCANNED1
V- •
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 24th, day of June, 2013 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Thomas M & Claudia K Olson, 903 5*^ Ave W, Wheaton, MN 56296 1225
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 1®* 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
Bernie Larson, 24792 Tri Lakes Dr, 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.
Dated: June 24th, 2013
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
SCANNED
COUNTY OF OTTER TAIL
ATTN CO AUDITOR
510 FIRAVEW
FERGUS FALLS, MN 56537 1364
DAVID II & GARY R FISHER
PO BOX 473
DEADWOOD, SD 57732 473
DEBRA LBERGERUD
32811 PICKEREL DR N
RICHVILLE, MN 56576 9513
JAMES P & SHARON F DONAHUE
32351IRONWOOD DR
RICHVILLE, MN 56576 9511
GEORGE E FREDERICKSON JR
641 CASCADE RD
SOUTH HAVEN, MN 55382 9291
JACOBSON LLC
14864 RICHARDS DR W
MINNETONKA, MN 55345 2064
JEFFREY LYNN & SANDRA A SEDIVY
32346 330TH AVE
RICHVILLE, MN 56576 9560
JERRY W & LAURIE A KADRIE
PO BOX 43761
PHOENIX, AZ 85080 3761
JAYSON B STORO
32337 IRONWOOD DR
RICHVILLE, MN 56576 9511
KEITH A & LORI A HANSON
32941 PICKEREL DR N
RICHVILLE, MN 56576 9513
JOAN MIDDLETON & L D M KOLLER
866 ARLINGTON AVE W
SAINT PAUL, MN 55117 3310
JORDAN J THOMPSON
32766 330TH AVE
RICHVILLE, MN 56576 9510
RANDALL & SANDRA WISER-
MATTHEWS
32402 PICKEREL DR N
RICHVILLE, MN 56576 9513
MICHAEL A & JAMIE A MCROBERTS
32329 IRONWOOD DR
RICHVILLE, MN 56576 2044
PICKEREL LAKE CABIN LLC
4309 COLLEEN CT
ARDEN HILLS, MN 55112 1994
STEVEN J & MARY ANNE SWIONTEK
3645 JUNIPER CTS
FARGO, ND 58104 7514
STEVEN P FJESTAD
10189 BARNESWAY E
INVER GROVE HEIGHTS, MN 55077 5046
ROLF P JACOBSON
14864 RICHARDS DR W
HOPKINS, MN 55345 2064
TERRY L & WENDY E KREMEIER
676GLENOVER DR
ALPHARETTA, GA 30004 8269
THOMAS M & CLAUDIA K OLSON
903 5TH AVE W
WHEATON, MN 56296 1225
TERESA WAGNER MORLEY
32568 330TH AVE
RICHVILLE, MN 56576 9577
WAYNE BERGERUD
32811 PICKEREL DR N
RICHVILLE, MN 56576 9513
THOMAS W & M STEPHANIE OBRIEN
32311 IRONWOOD DR
RICHVILLE, MN 56576 9511
TO THE PUBLIC
, 00
ZACHARY G & CARI A HERNESS
14540 38TH AVE N
PLYMOUTH, MN 55446 3331
WAYNE K & DEBRA L BERGERUD
32811 PICKEREL DR N
RICHVILLE, MN 56576 9513
SCANNED
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Thomas and Claudia Olson
903 5'^ Ave N
Wheaton, MN 56296
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter
Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision
Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, July 11, 2013 at 6:30 p.m..
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the
public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the
public hearing.
The property concerned in the application is legally described as
Lot 17 and 18 Block 1, Fawn Run Estates
Property Address - Located Adjustment to 32941 Pickeral Drive N
Section 11, Township 134, Range 41 - Township Name - Maine
Lake No. 56-475, Lake Name - Pickerel, Class - RD
The variance requested is -
the following: I am requesting that the Board declare that these two lots (Lots 17 and 18, Blocki) combined constitute one
buildable lot for a residential dwelling. Together they total 80, 853 square feet. I would like to build a single family home
on the property. Combined lots result in 188’ of frontage. Requesting a 112’ variance to the 300’ requirement.
Stein
Board of Adjustment Secretary
Date: June 21, 2013
SCANNED