Loading...
HomeMy WebLinkAbout10000140092000_Variances_06-14-2018Variances 2 Barcode 128 I 4; ^18 1207672 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 06/19/2018 09:43 AM FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D: N may 17p^ECEIVED MAY 0 7 2018 »D\ND«f?ESOl)RCE lO L&R Initia 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.usOTTCRTim «••• t « Application Fee SOC> t Receipt Number 5/vWAccepted by Date Property Owner Richard J Wilhelmi and Peggy L WilhelmiName 19186 Peninsula TrailAddress City Battle Lake State MN Zip 56515 218-639-9086 or 218-639-9085Daytime Phone Email pwilhelmi@toddwadena.coop Parcel Information ^ 52 Lake Name /<DLake No Clitheral Lake Lake Class Parcel Number(s)IQ-OOP -J9-- OOiJ-OQ-y Parcel Number(s) L^'I / /] -eYu /__________________________________________ _________________ 6aad,-\J>5/0 n ~5yV ror/r e/-/or i ^ J)E6r ^ W 5ou^ ' 35^7 OBL uP ^ vi/ iiG.sy s vd //3 S DfB v1//;P9.V lP /^■y.S'3 Ot^L^ HLo' /N A/.. 19186 Peninsular Trail, Battle Lake, MN 56515 /V ^ A Ld TV f^Pr Township Nam^ Legal Description Dc^ /l2l5 45 Section Physical Address TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback LZ Structure Size SubdivisionSewage System Cluster WECS Miscellaneous 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We would like to build an attached garage (20x24) to our house. The house does not meet the 100 foot setback requirement. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/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._________ SI^N^TURE OF PR^OPER'W OWNER/AGENT FOR OWNER ^ '3 DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) Date of Hearing Time Motion Richard and Peggy Wilhclnii - Application approved as requested. (6:56 p.m.) After discussion and consideration, Darren Newville made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 26’ from the required ordinary high-water level setback of 100’ for the placement of a garage 74’ from the ordinary high-water level as depicted on the drawing submitted with the variance application. It was noted that the proposed garage is behind the existing hou.se away from the ordinary high-water level and does not restrict the view from any adjacent property. The variance as approved will provide the applicants with a reasonable use of there property. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 1181315 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER : FERGUS FALLS, MN RECORDEDON 10/07/2016 9:57 AM'-^OO , CO -'sJ-LO oSIt FEE: 96.00 PAGES 3 WELL CERTIFICATE REC'D: Y 1 oL X li ii •oo f WARRANTY DEED Individual(s) to Joint Tenantsi' No delinquent taxes and transfer entered; Certificate of Real Estate Value Certi (^ ) file { fiicate of Real Estate Value No. ___________, 20/^ ) not^required ■ l! ■ [[ !|.County Auditor by f0 00& 00 o Deputy STATE DEED TAX DUE HEREON:$ 1,336.50 eCRV #:'1 Date.:, 2016 FOR VALUABLE CONSIDERATION, William A, Braun and Jean M. Braun, Trustees of the Braun Family Revocable Living Trust dated the 14*^ day of November, 2006, Grantors, hereby convey and warrant to Richard J. Wilhelmi and Peggy L. Wilhelmi, Grantees as joint tenants, real property in Otter Tail County, Minnesota, described as follows: ■ V ' See attached legal description together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: restrictions, reservations and easements of record, if any. A Well Disclosure Certificate accompanies this deed. COUNTY OF OTTEfitAIL STATE OF MINNESOTA DEED Tax $NUMBERift' OATE Jean M. Braun, Trustee Otter Tail County, Minnesota 1181315 1 of 3 STATE OF MINNESOTA ) COUNTY OF [{}aAAU^ )) ss. •2^foregoing instrument was acknowledged before me this ____r 2016, by William A. Braun emd Jeaui M. Braun, Trustees of the Braun Family Revocable Living Ti^st dated the 14day of November, 2006, Grantors. The day of 1Notary PublifM0THVJ.PBIBi80N WTMrmue-m Tax Statements To: Richard J. and Peggy L. Wilhelni 19186 Peninsula Trail Battle Lake, MN 56515 THIS INSTRUMENT DRAFTED BY: Timothy J. Pederson PEDERSON S PEDERSON, P. A. Attorneys at Law 24 Southwest Colfax P.O. Box 623 Wadena, MN 56482,-0623 Otter Tail County, Minnesota 1181315 2 of 3 EXHIBIT A Legal Description' Sublol Three (3) of Government Lot One (1), and Subdivison Lot Two (2) of Lots One (1) and Four (4) of Section l•ourlee^ (14), Township One Hundred niirty-lwo (132), Range Forty (40), except the following tracts: (1) Troet deeded to Kcrmil and Ann Boyum, dated July 18, 1962, and recorded in Book 374 of Deeds, on page 575; (2) Tract deeded to Dean and Muriel J. Dinsmore, dated March 5, 1965, and recorded in Book 397 of Deeds, on page 113; (3) Tract deeded to Reuben and Mary Louise Parson, dated March 7, 1968, and recorded in Book 414 of Deeds, (Kige 507; (4) Tract deeded to Milton James and Carolyn Hanson, recorded on September 3, 1968, in Book 418 of Deeds, page 323; (5) Tract deeded to Marilyn J. Loftness; recorded December 30,1968, In Book 421 of Deeds, on page 303: (6) Tract deeded to R. Lee and Barbara Riddle dated October 1,1968, and recorded January 20,1970, in Book 429 of Deeds, page 281; (7) Tract deeded to Douglas H, and Jeanette Anderson, dated February 19, 1970, and recorded February 19, 1970, in Book 429 of Deeds, page 451; (8) Tract deeded to Gerhard K. Haukebo and Doris M. Haukebo, dated August 1973, and recorded on August 29, 1973, in Book 458 of Deeds, page 537. Said above-described real estate is also described as follows, to-wit: That part of Lots Two (2) and Three (3) of the Subdivision of Oovcrniijenl Lots Gnc (1), Two (2), Three (3) and Four (4) of Section Fourteen (14), Township One Hundred Thirty-two (132) North, Range Forty (40) West, Otter Tail County, Minnesota, described as follows; Commencing at an iron monument at the Southwest corner of Lot Four (4) of said subdivision; thence South 89°37'20" West, on the North line of Lot Three (3) of said subdivision a distance of 301.79 feet to the point of beginning of the tract of land to be dcscribcd; thence continuing South 89®37'20'' West a distance of 200.61 feet; thence South 02° 17'00" West on the centerline of a roadway, a distance of 196.58 feet; thcncc South 28®27'00" West 113.00 feet; thence South 52°53’00‘' West 189.70 feet; thence South 35°48'00" West 127.80 feet; Uiencc South 46“51'20" East 460.71 feet to an iron monument; thence North 49’’5ri 1" East on the westerly shoreline of Clitherall Lake, a distance of 492.62 feet to an iron monument; thence North 23‘’46'40" West 562.83 feet to the point of beginning, together with the riparian rights pertaining to said tract of land which contains 7,75 acres more or less and is subject to a roadway easement 33.00 feet in width, parallel with and adjacent to the North line and the westerly lines of the above-described tract of land. And conveyed herewith is an casement for roadway described as follows; A roadway 33.00 feet on each side of a centerline described as follows; assuming the South line of Section Fourteen (14), Township One Hundred Thirty-two (132), Range Forty (40), to bear East-West; Beginning at a point on the South line of said Section Fourteen (14), a distance of 122.64 feel East of llic Southwest comer of Lot One (1) of the Subdivision of Government Lots One (I),Two (2), 'llirce (3), and Four (4) of said Section Fourteen (14); thence North 00®40'00" East 0.93 feet; thence North 36°55'00" East 325.00 feet; North I3°39'00” East 243.00 feet; North 31°54'00" East 363.20 feet; North 34“58’00" East 127.80 feet; North 52°23'00” East 189.70 feet; North 28“27’00'’ East 113.00 feet; North b2°17’00" East 210.00 feet. Otter Tail County, Minnesota 1181315 3 of 3 Jeff Huber - Application approved as requested. (6:50 p.ni.) Jeff Huber, Lot 32 Block 1 Crystal Beach, West McDonald Lake in Dora Township, requested the following: I have approved permits to build my house and now want to build a garage at the same time. Lm asking to build my garage inside of the 20’ .setback from road right-of-way as that is my only alternative in order for us to have a garage on my property, and we plan for this to be our year-round home. The garage will be 22’ deep and 24’ wide, now my impervious percentage will be 19% on buildings with a new total % for buildings and other impervious surfaces of 24.5%. Requesting to construct detached garage being I ’ 4” at the closet point to the road right-of-way, required setback is 20’. The application was represented by Jeff and Janet Huber. The audience was polled with no one speaking for or against the variance as requested. A letter from the Clerk of Dora Township in support of the variance as requested was read for the record. After discussion and consideration, Darren Newville made a motion, second by Doug Larson and unanimously carried, to approve a variance of 18’ 8” from the required road right-of-way .setback of 20’ for the construction/placement of a 22’ by 24’ garage 1 ’ 4” from the road right-of-way at the closet point as depicted on the drawing submitted with the variance application. The Board acknowledged the Townships letter recommending approval, 'fhe hardship/practical difficulty is a substandard lot of record and the unique placement of the township road. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Richard and Peggy Wilhclmi - Application approved as |■equcsted. (6:56 p.m.) Richard and Peggy Wilhelmi, part of Government I..ots 2 and 3, Section 14 of Clitherall Township by Clitherall Lake, requested the following: The garage would start 74' from the ordinary high-water level. We are requesting a 26’ variance. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 26’ from the required ordinary high- water level setback of 100' for the placement of a garage 74’ from the ordinary high-water level as depicted on the drawing submitted with the variance application. It was noted that the proposed garage is behind the existing house away from the ordinary high-water level and does not restrict the view from any adjacent property. The variance as approved will provide the applicants with a reasonable use of there property. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Mark and Ann Anderson - Requests (1) and (2) denied and Requests (3) and (4) approved. (6:58 p.m.) Mark and Ann Anderson, Lot 6 South Point on West Battle Lake, West Battle Lake in Girard Township, requested the following: 1 .Total building area exceeds 20% by 2.7%. 2. Total building and impervious surfaces exceed 25% by 3.7% 3. Requesting 3’ variance from required 10’ lot line side yard setback. 4. Request a 6’ variance from the required 75’ lake setback to constmet extension to existing garage. The application was represented by Mark Anderson. The audience was polled with Patricia Casey speaking to the variance as requested. An email from Mike Casey expressing concerns with the requested lot line variance was read for the record. An email from Benjamin F. Garmer, 111 in opposition to the variance as requested was read for the record. A letter from Paula Lang in opposition to the variances as requested was read for the record. A letter from John Linder in support of the variances as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a 3" variance from the required side lot line setback of 10’ and a variance of 6' from the required ordinary high water level setback of 75’ for the development as described in the variance application dated May 20, 2018 and as depicted on the drawings submitted with the variance application with the condition that the total building area cannot exceed the allowable 20% and the total building area and impervious surfaces cannot exceed 25% of the total eligible lot area. It was noted that the applicants’ proposed development will not obstruct the view from the adjacent properties. The variances as approved do not directly or indirectly grant any other variances for proposed or future development. Thomas (Joldeii Variance application approved with modification and condition. (7:15 p.m.) Thomas Golden, Lot 2 Auditor’s Subdivision NO. 117, North furtle Lake in Lverts Township, requested the following: We seek approval to extend current structure toward the lake with a connected three season porch and deck. The addition will be 93’ from the ordinary high-water level. Requesting 107’ variance from the required setback. The application was represented by Mark and Sandy Miller. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously earned, to approve additions (three-season porch and/or deck) to the existing staicture being no closer to the ordinary high-water level than the existing structure with the condition that all other requirements of the Shoreland Management Ordinance must be met. Page I 2 of 5 June 14, 2018 iSCALE DRAWING FORMM i ! 1 : ■ : ^ i i ^ : ' : ' ' . I : ' ^ . M ■, 1 ; ^ 1 i. !!r• • i )©c Tax Parcel Number^sf^ The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). i I r 7. 7^! Scale \1 it: i'"i'i; -i.i pEGElVECg rjltfT 07 20l8 r "“- ?>4\*■[ V T' fCl..J..^; tin -I-i4....i. .i t-?tA-i.. 4.f\ i ■; \ i- 17 i- LP--+4- C!:si }"i IT f j “T f I t J 4-i.i I ■i :. :f ■ ■! •f—t—i' J,-1. :: tz i :3ii 5i-^5-I..J $!p1T r P'.i::Vn! i. T“t1-I /“-J—Li m 4-...i.2^3:/FI-3.-=i=y3S2Littti--{— a;T" -f-C?I i iff. I (=«j:i:...... 1.1 815^. I?•fk^.i i ISi Tji...J ;S:pjs|:fe i r..7>>Ui-I.....J....1 ; — --J-f--*?-Signature of Proper y Owner' •! f -■ ■ .,1 ; ' ’ ■ ' I T 8J;T'w/■f ‘ " Ei|nt«rs-f-FiKgUiJ>iiiMN • )-8do-;(464jaro-.n• BK —042016 . Koao4,V Co.cto Lund^anr I t' IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): I Buildings Other Impervious Surface Existingi-i2 Proposed Existingi-i2 Proposed i-i2Ft^Ft Ft Ft' Deck(s)MDwelling Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s)•i; RCU Parking Area(s) Miscellaneous^/i Retaining Wall(s)^ 7^ Landscaping (Plastic Barrier) Miscellaneous ^/;3 d,79'^TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^Total Buildings 3-^lC,■ 3D'll337,5?o £7100_ =X+-j-'= Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Lot AreaTotal Impervious Surface Ratio Ft^Ft^ Ft^Ft^ 757*J.3.!. 7J7/100+:X Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date 7^-/8 (/a a 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 - wstein@co.ottertail.mn.us Web Address - www.c6.otter-tail.mn.us OTTER TAIL Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: , Richard and Peggy Wilhelmi 19186 Peninsula Trail - Battle Lake, MN 56515T. 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, June14, 2018 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 Part of Government Lots 2 and 3, Property Address - 19186 Peninsular Trail - 56515 Section 14, Township 132, Range 40 - Township Name - Clitheral Lake No. 56-238, Lake Name - Clitheral, Class - RD The variance requested is the following: The garage would start 74’ from the ordinary high-water level. We are requesting a 26’ variance. Wt^ne Stein Board of Adjustment Secretary May 24, 2018 i •; - 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 ceiTify that on the 25th, day of May, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below.and/or included in the attachment: Richard J & Peggy Wilhelmi, 19186 Peninsula TrI, Battle Lake,MN 56515 Keith Baldwin, Twp Clerk of Clitherall, 21485 374"’ Ave, Battle Lake, MN 56515 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 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: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6*" St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln, Fergus Falls, MN 56537 David Trites, 20944 Westwood DR, Clitherall, MN 56524-9596 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 25th, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ' -T PAUL BOYUM 19334 PENINSULA TRL BATTLE LAKE, MN 56515-9248 JOHN W & JUDITH DINSMORE 541 MAPLE AVEW FERGUS FALLS, MN 56537-1939 DENNIS ET AL RETTKE N1 1379 284TH ST BOYCEVILLE, W1 54725-5115 STEVEN A & DEBRA K RUSTWICK 9470 80TH ST S SABIN, MN 56580-9525 MARY LUANNE PARSON BELDEN 19119 PENINSULA TRL BATTLE LAKE, MN 56515-9248 OWEN ROBERT THOMPSON PO BOX 244 BARNESVILLE, MN 56514-244 TORGERSON PROPERTY HOLDING 4 465 PEAVEY RD WAYZATA, MN 55391-1544 LYMAN & MARY JANE TRUTNA 19392 PENINSULA TRL BATTLE LAKE, MN 56515-9248 RONAL N & BARBARA A PARSON 19125 PENINSULA TRL BATTLE LAKE, MN 56515-9248 LAURAL P & VERLIN L FLOEN 1221 S CASCADE ST FERGUS FALLS, MN 56537-3611 RICHARD J & PEGGY WlLHELMl 19186 PENINSULA TRL BATTLE LAKE, MN 56515-9248 JOHN'C & KARl E GRAMITH 12680 YALEAVE NORWOOD, MN 55368-9677 MARILYN J LOFTNESS PO BOX 11 GIBBON, MN 55335-11 NATHAN & ASHLEE MASHEK 10435 30THCTNE SAINT MICHAEL, MN 55376-3802 LORIEN B & KR1STOFOR PARSON 1423 19TH AVENE MINNEAPOLIS, MN 55418-4717 PAUL LOFTNESS 32443 651ST AVE GIBBON, MN 55335-2026