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39000990318000_Variances_10-06-2011
109864V DOC# 1098647 Mil III illiiliili1098647 Fee: $46.00 Well Certificate [ ] Rec’d Date Stamp OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA Certified, Filed, and/or Recorded; October 14, 2011 9:45 AM Wendy L. Metcalf, Recorder RECEIVED SEP ^ ^ 2011 \C,Returned To:LA.MD £ RESO'JP.CE LAND & RESOURCE/ By: LL 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 Receipt Number Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK DAYTIME PHONE hOj O.'- f.l'- Mjj Pcs,irV\^lc^ l4owlo--nTyLPROPERTY OWNER MAILING ADDRESS Cc*,r<e,Clrvy /^ / rJtcju /ii\ )an.______LAKE CLASS AKo^tnl-t i/JCjqJ- LAKE NAMELAKE NUMBER £mMJ TOWNSHIP NAMETOWNSHIPRANGESECTION E-911 ADDRESS PARCEL NUMBER 'OX> -rO LEGAL DESCRIPTION Lot 10, Uich- 3hoi^e5? i TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback ^ Structure Size WECS Misc.ClusterSewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Ca\^hryoi~ lr\ovs><i As!c,\ft/CL 1^r//Vfl, 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. y ^ 0/' (J 4^-/5 - K SIGNATl^ OF PROPERfrOWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lundeen Co . Printers • Fergus Falls. Minnesota $ /Jrd,U /TimeDate Of Hearing Motion Pamela Hovland -Application approved as requested. (7:42 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Steve Schierer and unanimously carried to approve a variance of 15’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 60’ from the ordinary high water level. The practical difficulty is the terrain of the applicant’s property. The applicant proposal is moving further back and is an improvement over the existing development. Cl^atfrnan/Otter Tail County Board of Adju^im ent Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 October 6, 2011 Page # 3 Duane and Denise Mischel - Continued. (7:30 p.m.) The motion as offered did not directly or indirectly grant any other variances for Lot 1 Block 2. It was noted that this motion was offered to provide an opportunity for the property owner to enjoy the same rights and privileges as others in this immediate area. The motion denied for lack of a second. After additional consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to deny the variance as requested as no adequate practical difficulty unique to the applicants’ property had been shown that would allow for the granting of the variance as requested and the granting of the variance as requested would create a grossly substandard lot. This is a new plat and a condition of the plat is that Lot 1 Block 2 is to be considered a nonbuildable lot. Pamela Hovland -Application approved as requested. (7:42 p.m.) Pamela Hovland, Lot 10 South Lida Shores, Lake Lida in Maplewood Township, requested a variance of 15’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 60’ from the ordinary high water level. Cory Reinertson, Contractor, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, seconded by Steve Schierer and unanimously carried to approve a variance of 15’ from the required ordinary high water level setback of 75' for the construction of a dwelling 60’ from the ordinary high water level. The practical difficulty is the terrain of the applicant’s property. The applicant proposal is moving further back and is an improvement over the existing development. Charles and Barb Ludvigson - Denied the application as submitted. (7:47 p.m.) Charles and Barb Ludvigson, part of Government Lot 2, Section 30 of Otto Township by Rush Lake, requested the following: We propose to leave the boat house foundation at its current height which is approximately 12” less than the standard height. The site has been inspected and all other site requirements have been met. An additional 12” would be prohibitive and impractical for the entrance into the structure as intended for water craft storage. By adding 12” to make it accessible would require hauling fill and putting land surrounding the building on grade. This would result in diverting water after heavy rain into the adjourning property, who already deals with ponding issues. Current height is 2’. Required height is 3’. Seeking variance for 1 ’ for elevation above ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. An email from Kathy Murphy and Dean Laager in support of the variance as requested was read for the record. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and carried with Leona Zimmerman voting no, to deny the variance as requested as no adequate practical difficulty unique to the applicants' property had been shown that would allow for the granting of the variance as requested. The general opinion was that the practical difficulty was self-imposed and the additional T of elevation would not be unsightly. Jacobson Family Revocable Living Trust - Application approved as requested. (7:58 p.m.) Jacobson Family Revocable Living Trust, Lots 16, 17 and 18 Fair Oaks, West Battle Lake in Girard Township, requested the following: I request a variance from the conveyance of a platted and now substandard lot which was mistakenly conveyed from the ownership of Dean Jacobson, Jr., to the Jacobson Family Revocable Living Trust. The Trust has since conveyed the property to Paul and Kristina Kostelecky, but because adjoining Lots 16 and 17 of Fair Oaks are also owned by the Trust, the deed of conveyance was not allowed to be recorded. I would request that Lots 16 and 17 be a residential buildable lot and that Lot 18 be a separate residential buildable lot. There are no other owners in the plat of Fair Oaks whose total ownership exceeds 150 feet by approximately 150 feet, which would be the remaining size of Lots 16 and 17, the size of the remaining parcel owned by the Trust if the variance for the sale of Lot 18 is granted. We simply ask for the same rights and privileges as other owners of the plat. We might also point out that Dean Jacobson had Alzheimer’s and Iris Jacobson was a vulnerable adult when she signed the deed. If the variance is not granted, we will have to go through a court procedure to have the deed vacated, which we are confident will be accomplished, but granting the variance will save the owners substantial time and expense. I would request that Lots 16 and 17 be a residential buildable lot and that Lot 18 be a separate residential buildable lot. Kristian Svingen, Attorney and Diana L. Johnson, applicant’s daughter represented the applicant at the public hearing. The audience was polled with Marvin Rapp and John Halting speaking for the variance as requested. Letters and/or emails from Thomas Weiss, Lynda Merry, Elizabeth Harrison, Stan Nelson, Marvin Rapp, Tim Matz, Jo Matz, Michael Anderson and Karen Anderson in support of the variance as requested were read for the record. 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 19th, day of September, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Pamela Hovland, % Cory Reinertson, 501 Woodland Drive, Fergus Falls, MN 56537 James (Jim) Nelson, 23912 County Highway 24, Erhard, MN 56534 Lake Lida Assoc., % Bob Engelstad, 1506 S 12*'', Moorhead, MN 56560 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 Terry Lejcher, DNR 1509 I*'* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Leona Zimmerman, 418 E Lakeside Dr, Fergus Falls, MN 56537 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: September 19, 2011 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: 1/jj /7%<^ Vi Manderud RONALD A & JANELLE M DAUGH1ERTY 5985 171 1/2 AVESE WALCOTT ND 58077 9735 PATRICK & JANINE CONNER 35121 260TH AVE ERHARD MN 56534 9407 JAMES A & FRANCES J BASSETT : 515 CAMPBELL DR : GRAND FORKS ND 58201 7339 PAMELA R HOVLAND 3445 45TH AVE S MINNEAPOLIS MN 55406 2924 DEBRA L HOVLAND 3445 45TH AVE S MINNEAPOLIS MN 55406 2924 PHYLLIS ENG .731 6TH ST WAPT303 ‘ GRAFTON ND 58237 1340 JEFFREY SMITH ETAL 410 RENSyOLD BLVD MOORHEAD MN 56560 3243 CONNIE & JEFFREY SCHOENACK 406 RENSVOLD BLVD MOORHEAD MN 56560 3243 ALBERT J & JUNICE O SANDNESS 24172 ISLE VIEWTRL PELICAN RAPIDS MN 56572 7746 STATE OF MINNESOTA ATTN DNR 1708 13TH AVE E HIBBINGMN 557461345 STATE OF MINNESOTA ATTN TAX SPECIALIST • MICHAEL R & CONNIE J SPANGLER , 24269 ISLE VIEWTRL . PELICAN RAPIDS MN 56572 7746 PO BOX 45 SAINT PAUL MN 55155 4045 MARK A & KARI WHITTIER 103 LEXINGTON AVE CANBY MN 56220 9272 DALE WESTERN 24337 ISLE VIEWTRL : PELICAN RAPIDS MN 56572 9165 MICHAEL TRYHUSET AL ■ ', ATTN TRYHUS PROPERTIES 24276 WESTGATE BLVD PORT CHARLOTTE FL 33980 5580 ; f Notice of Hearing for Variance ■- Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www;co;Otter-tail.mn.us V I Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Pamela Hovland l- c/o Cory. Reinertson 501 Woodland Drive Fergus Falls. MN 56537 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Sh'oreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivisiori Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on \ I Thursday, October 6, 2011 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.. ); Lot 10 South Lida Shores, Property Address - 24245 Isle View TrI Section 9, Township 135, Rahge 42 - Township Name - Maplewood Lake No. 56-747, Lake Name - Lida, Class - GD The variance requested is - a variance of 15’ from the required ordinary high water level setback of 75’ for the construction of a dwelling 60’ from the ordinary high water level. Wayne Stein Board of Adjustment Secretary Date: September 15, 2011 I • ■! ■; . ' .1f-: \jd\Wo^ ^-\KwIMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): ■m m-k-FfStructure(s): kA Ft2Deck(s): lU Ft2Driveway(s): M Ft2Patio(s): Ft2Sidewalk(s): Nh Ft2Stairway(s): m Ft2Retaining Wali(s); Landscaping; (Piastic Barrier) Other: Ft2 t.9.09. /Q, 3 .^.^ = O.iTS^I Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: to X100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): FPStructure(s): Ft2Deck(s): JU Ft2Driveway(s): Ft2Patio(s): Ft2Sidewalk(s): Ft2Stairway(s): m Ft2Retaining Wall(s): ,A^A Ft2Landscaping: (Plastic Barrier) Other:FF 35-^ = O.ilS^ Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: W2S X100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO 09/08/2611 1^0^ lo r ;;w,«Ed I X ^ '> I 53'I SI 1 i '.t<a »r- d'^ ■I?-- ^.,- ilf’W-,'rI.■1 f 'D9/jWAy I li I SCiAliE+DiAmNQMRR/M H M t 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. %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) T I Vl 1 1- J- >'■ V .L Jr- %(ij r Ip I ptf ! I 3 I IJ.ca:cr*T 'r I\ I .4!o iTriQ V ^1 -1 \i ¥ obirIfs--! r- :\[i f) i&If S!IP I /I <1. ftt m t:(i I ■>/ -Li ndeen Col Pnnlcr$-*-Ferg is I alk ,-MM- Signakire of Proper y Owr er 33flBk-=--0909- -800-346^870 A-----------596-'-V •._1etc T 'T6^5 'S''v.^^S3^),'5»©-^•'iW»>'^......-1A .^ . v^ZO *-20 -vsn"^'vO 0 Srw*^ »»5SS.% \o\ \ OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #_ was filed/recorded in this office for record on the /I day of 2000 at X’-?:Qam^m Wendy L. Metcalf, County Recorder by: f 197^^ well certificate 871381 / THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 idiy-*** COMPLETE THIS APPLICATION IN BLACK INK *** Application Fee / ??n ^<^0Receipt Number P/Vm6U^PROPERTY OWNER DAYTIME PHONE 3^ PONf^coNi^^cnaxT '^M^KE NAME <^n(A,TI-4 U HA- 4'X ADDRESS LAKE NUMBER 3 13bSECTION TOWNSHIP RANGE TOWNSHIP NAME '5°t-<JJV~qCi - D3iPARCEL NUMBER FIRE / LAKE I.D. NUMBER LEGAL DESCRIPTION ud\ )0 L\(\ou TYPE OF VARIANCE REQUESTED (Please Check) structure Setback V Structure Size____Sewage System Cluster Misc.Subdivision SPECIFY VARIANCE REQUESTED T , n , ^ u . < l ,iR^tAvi-e!>Ti<Nci OL {V f€^\aLty bosefv\-eA.f h\oU‘~ -j-tYcf aT-c budc-U due VD co^cUkcAs>, lAtvLffiu^A-l- •mese-u^alu jwp-e< W-gr^u/C-l WvU IxL. y ( 1 UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. 1/ SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The DatefTime Of Hearing) Me 9October 5, 2OOO7 "" <7 Page 9 ^// 3 ■ ■ 3^^e,:li 1:) .y 3 3/^ 3<^0 3 > ' :du^~ jj^ l-(^Accepted By Land & Resource L & R Official/Date /2 A,(>e^ J'njoTimeDate Of Hearing ,r^. Motion Pamela Hovland - Approved Motion was made by David Holmgren, second by Cecil Femling and unanimously carried, to approve a variance of 2’ from the required 10’ side lot line setback for the replacement of an existing basement block wall 8’ from the side lot line and a variance of 27’ from the required ordinary high water level setback of 75’ for the construction of a 10’ by 24’ screened -in porch being approximately 48’ from the ordinary high water level. It was noted that none of the applicant’s proposed development would be any closer to the ordinary high water level than the existing structure. Cfr^lrmaTiTOtter "rai County Board of Adjustment j^s) required from Land & Resource Management C Yes (Contact Land & Resource Management) P( No /oI/dIdD LF^ Official/DMe / Copy of Application Mailed to Applicant And the MN DNR bk 0198-001 291.306 • Victor Lundeen Co. Printer* • Fergus Falls. Minnesota