HomeMy WebLinkAbout10000140092000_Variances_09-14-2017Variances
2
Barcode 128
1196356
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
09/19/2017 11:24 AM
Date Stamp
received
11 ;[||7
‘^SKiVUPCe FEE: 46.00
PAGES 5
WELL CERTIFICATE REC’D: N
O
X
oo
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
' o oApplication Fee C C t+ lUl
Receipt Number IL'W
Accepted By / Date l~/
COMPLETE THIS APPLICATION IN BLACK INK
P idharJ. ^
-K/ ■ U/O.
dlriht/'r://
/jJi I he/tn c?\/K i'PROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS
NUMBER^^-^£t2^KllLAKE NAME _____LAKE CLASSLAKE
/V UoSECTIONTOWNSHIPRANGE TOWNSHIP NAME
/9/,ei> Peninsula triPARCEL
NUMBER
E-911
ADDRESS/0-£>00 -/V - 009 7 -OOP
(MHf U<.h I /w<V st^si'S'
LEGAL DESCRIPTIOI V ‘-f Crt-r^ /c/^ ^d' \i' i 3 rr? Ft
ia/ 7f' B/^ s ti W ^ ^^6^
5 Vth W !\3' ^ V'l/ J^y.7'5 3£T
^ hr:^- P U/^r 'N />x- AL^ L.K. A^7dy^.:x ' /\I J>tZ- tJTYPE OF VARIANCE REQUESTED (Please Check) d 7D d<i i / Y/ 3/5~
pT Loft) c5-0
3’ ^'1
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7r^
Subdivision Cluster WECS Misc.Structure Setback ix Structure Size Sewage System
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
\/a>'/C( n C€^
/2 Y
l?ejl/i('Yd S^HpacIc h ho'
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.
OF PROPERTY OWNER^/tGtENT FOR OWNER
^ ^ <?-// " / 7^GNATURE DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
.1 'Tintefs ♦ Fpfgos Falls Minrips'-Ia
(Po^y TimeDate Of Hearing
Motion
Richard and Peggy Wilhclmi - Variance application approved as modified. (7:25 p.m.)
After discussion and consideration, Paul Larson made a motion, seconded by Loren Bailey and unanimously carried, to approve
the placement of a screen porch no closer to the ordinary high-water level than the lakeside of the existing structure. It was noted
that the variance as requested would make a nonconforming situation more nonconforming. The variance as approved will
provide the applicants with the ability to make a reasonable use of their property. The variance as approved does not directly or
indirectly grant any other variances for the proposed development or for any future development.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
1 Yes (Contact Land & Resource Management)
No
0
wCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
L ft Official/Date
bk 072011-001
Page I 7 September 14, 2017
1181315
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
10/07/2016 9:57 AMOcoCO
oS FEE: 96.00
PAGES 3
WELL CERTIFICATE REC'D: Y
Tj- ..
|0O
WARRANTY DEED
Individual(s) to Joint Tenants
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ) file (Certip.cate of Real Est^e Value No.
. 20lL \
County Auditor
by.
to miffoo^di, 000 Deputy
$ 1,336.50STATE DEED TAX DUE HEREON:eGRV #: /
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:
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 OTTER TAIL
STATE OF MlflfNESOTA DF.ED Tax $ Ji.SoUiSC'
numberTATE to
William A. Braun, Trustee
tlean M. Braun, Trustee
otter Tail County, Minnesota 1181315 1 of 3
i
STATE OF MINNESOTA
) ss.
COUNTY OF
t<vforegoing instrument was acknowledged before me this
,2016, by William A. Braun and Jean M.
Braun, Trustees of the Braun Family Revocable Living Trust dated
the 14“* day of November, 2006, Grantors.
The
day of
1Notary Publi^ TMOTHV J. m»t80N I
S IWTART muC - MNNOOTA I
" Mre«^c«p.jn.si,Mie l
;■
Tax Statements To:
Richard J. and Peggy L. Wilhelmi
19186 Peninsula Trail
Battle Lake, MN 56515
THIS INSTRUMENT DRAFTED BY:
Timothy J. Pederson
PEDERSON & 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
. i iLegal Description
Sublol Three (3) of Government Lot One (1), and Subdivison Lot Two (2) of Lots One ()) and
Four (4) of Section Fourteen (14), Township One Hundred Thirty-two (132), Range Forty (40),
except the following tracts: (1) Tract deeded to Kcrmit and Ann Boyum, dated July 18, 1962,
and recorded in Book 374 of Deeds, on page 575; (2) Traci deeded to Dean and Mitricl J.
Dinsniorc, dated March 5, 1965, and recorded in Book 397 of Deeds, on page 113; (3) Traci
deeded to Reuben and Mary Louise Parson, dated March 7, 1968, and recorded in Book 414 of
Deeds, page 507; (4) Tract deeded to Milton James and Carolyn Hanson, recorded on Seplcitibcr
3, 1968, in Book 418 of Deeds, page 323; (5) Tract deeded to Marilyn J. Loflness, recorded
December 30,1968, in Book 421 of Deeds, on page 303; (6) Traci 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 Jeaneite 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 Government Lots One (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 feel to the point of beginning of the tract of land to be described; ihcncc continuing South ^
89’3720” West a distance of 200.61 feet; thence South.02® 17W West on the centerline of a
roadway, a distance of 196.58 feel; thence South 28“27’00" West 113.00 feel; thence South
52'‘53’00" West 189.70 feet; thence South 35*48'00" West 127.80 feet; thence South 46'’5r20"
East 460.71 feet to an iron monument; thence Noilh 49'’5rn" 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 feel to the point of beginning, together with the riparian rights pertaining to said tract of
land which coniains^T^cresmore or less and is subject to a roadway easement 33.00 feet in
width, parallel with anchrojacent 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 lliindrcd 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 tJicSouthwest comer of Lot One (I) of the Subdivision of Government Lots
One (l),Two (2), 'Ilirec (3), and Four (4) of said Section Fourteen (14); thcncc 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 feel;NortIv02®17’00” East 210.00 feet.
Otter Tail County, Minnesota 1181315 3 of 3
Richard and Karen Rasmiisson - Variance application approved as modified. (7:04 p.ni.)
Richard and Karen Rasmusson, Lot 2 Pine Beach Sub Lot B, Big Pine Lake in Pine Lake Township, requested the following:
Existing garage is in need of major structural and outside improvements. Based on cost it makes sense to build new on same site
and foot print. Moving it 10' off the South line would make it impossible to access cabin and lake. Present site has been
sufficient and has been no problem for neighbors. New structure will not exceed 20’ in height. The audience was polled with no
one speaking for or against the variance as requested. A letter from Ii)ean Simpson in support of the variance as requested was
read for the record. After discussion and consideration, Paul Larson made a motion, seconded by Loren Bailey to approve the
variance as requested. The motion to approve failed with Thomas Lee, Darren Newville and Steve Schierer voting no. Those
voting in support of the motion noted that the applicants’ lot is a substandard lot and that the proposed garage will be placed in the
same footprint as the existing garage. Those voting against the motion where concerned with the minimum setback from the lot
line for the proposed new constmction. After additional discussion and consideration, Steve Schierer made a motion, seconded
by Thomas Lee and unanimously carried, to approve a variance of 5’ from the required south side lot line setback of 10’ for the
placement of a 24’ by 24’ garage 5’ fiom the south side lot line and having a height of no more than 20’. The variance as
approved does not directly or indirectly grant any other variances for the proposed development or for any future development.
Brian Reinert - Variance application approved as modified with a condition. (7:17 p.ni.)
Brian Reinert, Lots 6 and 7 Klein and Adams Point Fourth Addition, Marion Lake in Rush Lake Township, requested the
following: Our existing cabin was built in 1985 with a setback determined by a string test with the adjacent structures. The
structure to the south has been tom down and replaced by a cabin with a conforming setback. We are proposing a 24’ by 28’
addition with a full basement on the north side of the existing structure. The proposed structure will have a setback of 52’. The
deck off this structure, which will be partially screened in will be 44’ fiom the high-water mark. Deck will be 8’ by 20’, screened
in portion 8’ by 12’. Shore impact zone impervious surface will be 726 square feet when project is complete. Maximum allowed
is 260 square feet. The audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried, to approve the proposed
addition/development (including the deck) being placed no closer to the ordinary high-water level than 52’ with the condition that
no more than 25% of the eligible lot area can be covered with impervious surfaces. It was noted that the proposed development
(addition and deck) must be at least 52’ fiom the ordinary high-water level. The variance as approved does not directly or
indirectly grant any other variances for the proposed development or for any future development.
Tom and Michelle Strinden - Variance application approved as requested with a condition. (7:21 p.m.)
Tom and Michelle Strinden, Lot 1 San-Dee Cove Beach and part of Government Lot 3, Section 23 of Lida Township by Lake
Lida, requested the following: the cabin set back does not meet modem today requirements. We meet all other criteria. This
project will not change the footprint. This is to add a partial second story to existing. The audience was polled with no one
speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, seconded
by Thomas Lee and unanimously carried, to approve the variance as requested in the application dated August 3, 2017 and as
depicted on the drawing submitted with the variance application with the condition that no more than 25% of the total eligible lot
area can be covered with impervious surfaces. It was noted that the variance as approved is consistent with past decision of the
Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for the proposed
development or for any future development.
Richard and Peggy Wilhelmi - Variance application approved as modified. (7:25 p.m.)
Richard and Peggy Wilhelmi, part of Lots 2 and 3 of the Subdivision of Lots 1,2, 3 and 4, Section 14 of Clitheral Township by
Clitheral Lake, requested the following: a 59’ variance to build a 12’ by 20’ screen porch with 8’ walls 41 ’ fiom the ordinary
high-water level. The required setback is 100’. The audience was polled with no one speaking for or against the variance as
requested. After discussion and consideration, Paul Larson made a motion, seconded by Loren Bailey and unanimously earned,
to approve the placement of a screen porch no closer to the ordinary high-water level than the lakeside of the existing structure. It
was noted that the variance as requested would make a nonconforming situation more nonconforming. The variance as approved
will provide the applicants with the ability to make a reasonable use of their property. The variance as approved does not directly
or indirectly grant any other variances for the proposed development or for any future development.
September 14, 2017Page I 2
,1f!I- ir;:pi jI5tSCALE DRAWING FORMI t -♦H I
4 t
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1_L J.Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), ail 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).T hti.
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Existing ExistingProposed Proposed
Ft^Ft^Ft^Ft
Dwelling Deck(s)
Attached Garage Patio(s)pn\\^J>'S
DDetached Garage Sidewalk(s)
Landing(s)
Driveway(s) LSrJ)S
Storage Shed
WOAS
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)240
Miscellaneous
TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^ Ft^Ft^Total Buildings Ft
3oSG 331 oh<330 100+-T-X =
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing TotalProposed Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft
0070 \ .JOd^d 3^7,570 .36AW 100+X
Impervious Surface Calculation Worksheet 04-11-2(il6 1
Signature: a Date 3~ 37 r y
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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 and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Calculation (see back).
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IMPERVIOUS SURFACE CALCULATION
List & identify ail existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
FP Ft^Ft^ Ft^
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
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
100+-r X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^ Ft^
100+—X
Impervious Surface Calculation Worksheet 04-11-2016
Signature:Date
Notice of Hearing for Variance
Otter Tail County
Government Services Center
SIOFirAveVy
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.us
OTTcn Tim«aR*rr-Bia<iiOT«
Applicant and/or applicant’s representative must be present at the scheduled hearing.
; To Whom It May Concern;
Richard and Peggy Wilhelmi
19186 Peninsula Trl
Battle Lake, MN 56515
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, September 14, 2017 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 Lots 2 and 3 of the Subdivision of Lots 1, 2, 3 and 4,
Property Address - 19186 Peninsula Trl
Section 14, Township 132, Range 40 - Township Name - Clitheral
Lake No. 56-238, Lake Name - Clitheral, Class - RD
: The variance requested is
the following: Requesting a 59’ variance to build a 12’ by 20’ screen porch with 8’ walls 41’ from the ordinary high water
level. The required setback is 100’.
‘Wayne Stein
Board of Adjustment Secretary
August 25, 2017
_)
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 28th, day of August, 2017 the attached Notice of Hearing for Variance vyas duly
served upon the individuals listed below ahd/6r included in the attachment:
Richard J & Peggy Wilhelmi, 19186 Peninsula TrI, Battle Lake, MN 56515
Keith Baldwin, Twp Clerk of Clltherall, 21485 374*'' Ave, Battle Lake, MN 56515
Clitherail Lake ASsoc., PO Box iOl, Clitherall, MN 56524
Otter Tail County Cola, % John Matteson^ 23674 W Silver Lake Rd, Battle Lake, MN 56515
Richard West, OTC HWV Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Darren M Newville, 614 6*" St NE, Perham, MN 56573
Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537
Loren Bailey, 1963 Oakwood VW, 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: August 28th, 2017
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: \lc
Vi Manderud
maryluaWne parson belden
19119 PENINSULA TRL
. BATTLE LAKE, MN 56515 9248
JOHN W & JUDITH DINSMORE
541 MAPLE AVEW
FERGUS FALLS, MN 56537 1939
PAULBOYUM
19334 PENIN5ULATRL
BATTLE LAKE;, MN 56515 9248
MARILYN J LOFTNES5
POBOXil
GIBBON, MN 55335 II
PAUL LOFTNESS
32443 651ST AVE
GIBBON, MN-55335 2026
LAURAL P & VERLIN L FLOEN
1221 S CASCADE ST
FERGUS FALLS, MN 56537 3611
RICHARD UR & KAREN J MOHAGEN
513 9THSTN
MONTEVIDEO, MN 56265 1614
LORIEN B 8i KRISTOFOR PARSON
1423 19TH AVE NE
MINNEAPOLIS, MNt 55418 4717
NATHAN & ASHLEE MASHEK
10435 30TH CTNE
SAINT MICHAEL, MN 55376 3802
DENNIS ETAL RETTKE
' N11379 284TH 5T
BOYCEVILLE, Wl 54725 5115
STEVEN A & DEBRA K RUSTWICK
9470 80TH ST S
SABIN, MN 56580 9525
OWEN ROBERT THOMPSON
PO BOX 244
BARNESVILLE, MN 56514 244
RICHARD J & PEGGY WILHELMI
19186 PENINSULA TRL
BATTLE LAKE, MN 56515 9248
LYMAN & MARY JANE TRUTNA
19392 PENINSULA TRL
BATTLE LAKE, MN 56515 9248
TORGERSON PROPERTY HOLDING 4
465 PEAVEY RD
WAYZATA, MN 55391 1544