HomeMy WebLinkAbout10000250172007_Variances_11-08-2018Variances
2
Barcode 128
W\C8\2d18
SCAEIO
Date Stamp
121434'?
:RECEIVED
*1 OCT I ■ 2018
S & RESOURC'
CAROL SCHMALTZ
OTTER TAIL COUHTV
recorder/REGISTRAR OF TIii-Eo
FERGUS FALLS, MH
RECORDED ON
11/21/2013 03:14 PM
FEE: 46.00
PAGES 4
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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
vvww.CQ-Qtler-uail.mr t;.pm.RTflii
Application Fee , —
Receipt Number
Accepted by Date
Property Owner
dnj h\a.i^LflouName
Address
_________ ______KO ________________
j t7U - 3
City
State
Zip
Daytime
Phone
Email
Parcel Information
Lake Class 1 k O(irqtst. LclI(--^3Lake No Lake Name
l0lU)0^>oi7Jic0'-tParcel Number(s)
Parcel Number(s)
C I _______________________
Cvat\p 2)r>
JiQSectionTownship Name
Legal Description
Physical Address
TYPE OF VARIANCE REQUESTED (Please Check)
□rn□structure
Setback SubdivisionStructure Size Sewage System
□I I I IMiscellaneousWECSCluster
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
C'fvhyn, ^/Cuf^\C<y^C.Jry mJi-HL.
i .c^3_vw g, /<£’d^"^/y”)
I UNDERSTAND THAT I HAVE APPLIEDFOR A VARIANCE FROM THE REQUIREMENTSjOF 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 CONTAa LAND & RESOURCE
MANABEMENT REGARDING THIS MATTER. _
\i'
SIGNATURE OF PRUPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
/Ay TimeDate of Hearing
Motion
Robert and Marylou Haskell - Variance application approved as requested. (7:10 p.m.)
After discussion and consideration, Darren Newville made a motion, seconded by Douglas Larson and unanimously
carried, to approve a variance to replace an existing drain field, which is currently located in the road right-of-way
with a holding tank(s) in the same location within the road right-of-way. It was noted that the applicants have no
other suitable options. The variance as approved does not directly or indirectly grant any other variances for future
development.
Chairman/Otter Tail County Board of Adjustment
XPermit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
/hwj fecto llilLiLCopy of Application mailed to Applicant, County Assessor and MN DNR
L&R Officiat/Date
2
\-i
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No delinquent taxes and transfer entered;
Cer;^cate of Real Estate Value
( filed ( ) not required
Cert, of Real Estdlfe Value
^19;(7 (Year)
Wayne Stein» County Audttor/Treasurer
1209386
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
07/25/2018 11:11 AM
FEE: 96.00
PAGES 2
WELL CERTIFICATE REC'D: Y
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by
;adOO 0(OQ
;
WARRANTY DEED
(Xnd±v±dual 'to >To±iit Tenants)
eCRV: 842430
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STATE DEED TAX DUE HEREON; $643.50 , 2018Date :
FOR VALUABLE CONSIDERATION, KEITH B.
h'usbancl and. wife. Grantors,
HASKELL and MARYLOU HASKELL,
tenants, real property in Otter Tail County,
as follows:
ERICKSON and RAMONA ERICKSON,
hereby convey and warrant to ROBERT
h'usband and wife. Grantees as joint
Minnesota, described
That part of GO'vernment Lot 1, Section 25, Township 132, Ran^e
40, Otter Tail County, Minnesota, described as follows:
Commencing at the Northwest corner of said Section 25; thence
North 89 decrees 46 minutes 52 seconds East (bearing- is based on
Otter Tail County Coordinates — 1996 adjus-tment) along the north
line of said Section 25, a distance of 226.39 feet; thence South
00 degrees 41 minutes 29 seconds East a distance of 760.81 feet;
thence North 81 degrees 37 minutes 09 seconds East a distance of
145.04 feet; thence North 85 degrees 25 minutes 28 seconds East a
distance of 1.10 feet; thence South 04 degrees 34 minutes 32
seconds East a distance of 33.00 feet to the southerly right-of-
way line of Crane Labe Dri-ve; thence North 85 degrees 25 minutes
28 seconds East along said southerly right-of-way line, a
distance of 64.33 feet to the point of beginning of the land to
be described; thence continuing North 85 degrees 25 minutes 28
seconds East along said southerly right-of-way line, a distance
of 64.33 feet; thence South 00 degrees 31 minutes 00 seconds East
a distance of 121 feet more or less , to the shoreline of Crane
Lake; thence westerly, along said shoreline to the intersection
with a line which bears South 00 degrees 36 minutes 10 seconds
East from the point of beginning; thence North 00 degrees 36
minutes 10 seconds West a distance of 120 feet more or less to
the point of beginning. Subject to easements, restrictions and
reservations, if any, of record or apparent upon inspection of
the premises.
;
■
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t
■toge-ther with all hereditaments and appurtenances belonging
thereto, subject to the following exceptions:None.
COUNTY OF OTTER TAIL
STATE OF MINNESOTA DEEDTAXSu^tiS^^Q.
MIIMHFwJfe5*7^
date aa
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Otter Tail County, Minnesota 1209386 1 of 2
V
STATE OF MINNESOTA )
) s s .
COUNTY OF CHIPPEWA )
The foregoing instrument was acknowledged before me this /? day
____, 2018, by KEITH B. ERICKSON axid RAMONA ERICKSON,
wife. Grantors.
of
husl^and. an
JANICE M. NELSON
I Notaiy PubdoMinnescte
My flonmliBlon Ei^lim Jan 31,2020
i
Tax Statements for the real property described in this instrument
should be sent to:
Robert: and Marylou Haskell
4821 Rose Creek Pkwy S.
Fargo, ND 58104
THIS INSTRUMENT WAS DRAFTED BY:
Janice M. Nelson of the law firm of
NELSON OYEN TORVIK P.L.L.P.
221 North First Street
P. O. Box 219
Montevideo, MN 56265
(320) 269-6461
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:
Otter Tail County, Minnesota 1209386 2 of 2
Arlan Mueller - Denied. (6:40 p.m.)
Arlan Mueller, part of Government Lot 7, Section 24 and part of the Northeast Quarter of the Northwest Quarter, Section 25 of
Everts Township by Molly Stark Lake, requested the following: I wish to maintain the location of my 12’ by 22’ storage structure
which is 25’ from the ordinary high-water level. The required setback is 200’. Requesting a variance of 175’. Also requesting a
variance of 6.5’ from the closet lot line as the shed sits 3.5’ from it at the closet point. 1 wish to maintain the location of my
pergola approximately 22’ from the ordinary high-water level. Requesting a variance of 178’. Request a variance from the
allowed 260 square feet of impervious surface in the shore impact zone. Existing impervious surface in the shore impact zone
was 2,084 square feet. The storage structure and pergola increase it to 2,412 square feet. The pergola does sit on an existing
paver patio. All structures and other impervious surfaces are within the shore impact zone due to the lot size. The audience was
polled with Robert J. Lee and Kurt Maethner speaking against the variances as requested. A letter from Robert J. Lee objecting to
the variances as requested was read for the record. After significant discussion and consideration, Steve Schierer made a motion,
seconded by David Wass and unanimously carried, to deny the variances as requested as there is already significant impervious
surfaces within the shore impact zone without the addition of the structures referenced in the application and no adequate
hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. The structures
subject to this variance request must be either removed or placed in a location that meets the ordinance requirements on or before
March 1,2019.
Robert and Marylou Haskell - Variance application approved as requested. (7:10 p.m.)
Robert and Marylou Haskell, part of Government Lot 1, Section 25 of Clitherall Township by Crane Lake, requested the
following: Replace existing drain field that is in the road right-of-way (from previous variance) with a holding tank in the same
location (in road right-of-way). (Drain field is non-compliant due to higher water table and Ness Backhoe recommends a holding
tank replacement). The audience was not polled as there was no one in attendance at the time of this public hearing. After
discussion and consideration, Darren Newville made a motion, seconded by Douglas Larson and unanimously carried, to approve
a variance to replace an existing drain field, which is currently located in the road right-of-way with a holding tank(s) in the same
location within the road right-of-way. It was noted that the applicants have no other suitable options. The variance as approved
does not directly or indirectly grant any other variances for future development.
Jesse and Kimberly Veil - Tabled per the request of the applicants. (7:16 p.m.)
Jesse and Kimberly Veil, Lot 4 Block 3 Echo Ranch Riviera 5* Addition, Otter Tail Lake in Otter Tail Township, requested a
variance of 9’ from the ordinary high-water level setback of 75’ to construct a 19’ by 20’ addition to our cabin. The addition
would be 66’ from the ordinary high-water level. Prior to the public hearing, the office received an email from Jesse Veil
indicating that neither he or his contractor would be able to attend and requested within the body of his email consideration of this
application at a later date. After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and
unanimously carried, to honor Mr. Veil’s request and to table the public hearing on his application until a future meeting date.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 7:18 p.m.
Prepared by:
Wayne Stein, Secretary
The minutes were mailed on Tuesday, November 13, 2018, to the Otter Tail County Board of Adjustment. Official action
regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting.
Page I2of 2 Thursday, November 8, 2018
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, November 8, 2018
The Otter Tail County Board of Adjustment met Thursday, November 8, 2018, with the following persons in attendance:
Darren Newville
David Wass
Douglas Larson
Steve Schierer
Chris LeClair, Land and Resource Management
Michelle Eldien, County Attorney
Ben Olson, Assistant County Attorney
Thomas Lee
Kenneth Vorderbrugen
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 the October 11, 2018 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Gary Brock - Variance application approved as requested. (6:32) p.m.
Gaiy Brock, Government Lot 5, Section 4 and part of Government Lots 5 and 6, Section 5 of Tordenskjold Township by German
Lake, requested a variance to add an addition to our existing dwelling the proposed addition will be further back from the lake
than existing dwelling, a previous variance approved-dwelling to be at 85’ to ordinary high-water level with a later variance
approval to add a porch at 81’ to ordinary high-water level. Also requesting a variance to exceed the allowable 260 square feet of
impervious surface in the Shore Impact Zone. Existing impervious surface is 234 square feet new proposed will be 1,022 square
feet this will include new addition along with previously approved porch addition and proposed platform/patio. Lynn Brock
appeared with the applicant at the public hearing. 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 Kenneth Vorderbrugen and
unanimously carried, to approve the variance as requested in the application dated September 28, 2018 and as depicted on the
drawing submitted with the variance application. The proposed development will not restrict the view from the adjacent
properties and is located behind the setback allowed by a previous variance application. The variance as granted does not
directly or indirectly grant any other variances for proposed or future development.
Larry and Kathy Morris - Variance application approved as requested. (6:35 p.m.)
Larry and Kathy Morris, Lot 10 Block 1 Engstrom Beach, West McDonald Lake in Edna Township, requested the following: We
were granted a variance for our existing cottage allowing it to be 12’ from the road right-of-way in 1985. This variance allowed
us with a permit to build a single attached garage at the same setback in 1990. Because our variance has expired, we are
requesting the same variance (12’ setback from road right-of way) to add a second story to the attached garage without changing
the footprint. The required setback to the road right-of way is 20’. The proposed 2"** story addition to the attached garage will be
no closer than the existing attached garage and approximately 50’ from the water. Required setback to the ordinary high-water
level is 100’. Also request a .7% variance on the impervious surface coverage as our lot currently is at 25.7%. Our variance
request will not add any additional impervious surfaee coverage as our proposal is a 2"“* story addition to the attached garage.
Required impervious surface coverage is 25%. The audience was polled with Mike Diekman speaking for the variance as
requested. A letter from Larry Morris regarding the-possibility that the existing garage would need to be demolished for the
purpose of installing proper footing was noted for the record. After discussion and consideration, Thomas Lee made a motion,
seconded by David Wass and unanimously carried, to approve the variances as requested in the variance application dated
October 16, 2018 and as depicted on the drawing submitted with the application noting that the proposed development is
consistent with other development in this immediate area and the proposed development will not change the footprint of the
existing development. It should be noted that the variance as approved will allow the applicants to rebuild the existing garage in
the exact same footprint should the existing garage need to be demolished for the purpose of installing support footing for the
proposed development. The variances as approved do provide the applicants with a reasonable use of their property and the
ability to enjoy the same rights and privileges as other in the immediate neighborhood.
Thursday, November 8, 2018Page Ilof2
TProposed Septic System for 39538 Crane Lake Dr
HoldineTankCs] Only
For Variance on Encroachment of Twp Road R.O.W.North
Crane Lake Dr
Proposed Location for ISSOgal
HoIdlngTanle Dimensions: 7'xl5'
Approximate Setbacks:
lO'from Dwelling
17' from twp Rd driving surface
*plBced.+/-11'Into R.O.W.
r-------Existing Drainfielti17' I
>•Location of Potential AdditionalTank o •>
a
Approx. R.O.W.O —
f14'10'
______■ ^
50'WellSetba :k
\
NDwelling \
\
75'Lake Setback
OJ a;c c13
I
Shallow Well
Crane Lake
20 FT
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.USOTTER TflilOOVSTT
GOVERNMENT SERVICES CENTER
218-998-8095
FAX: 218-998-8112
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER 1^^ & MARCH 31^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # ). described
Application(s) datedon my
)0
Since this is the case, it may not be possible for Otter Tail County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
Check One:
\yC] ! agree to waive the 60-Day Rule in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view
my property before taking action on my Application(s).
I—I I do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s).
RECEIVED
OCT t: 2018
_AND & RESOURC'
PROPERTY OWNERDATED
LR: Forms: Waiver 60 Day Rule 02-21-2017
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.co.otter-tail.mn.usOTTCRTflIlaoeatr-aifltfieTa
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Robert and Marylou Haskell
4821 Rose Creek Pkwys
Fargo, ND 58104-6488
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, November 8, 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 Lot 1,
Property Address - 39538 Crane Lake Drive - 56515
Section 25, Township 132, Range 40 - Township Name - Clitherall
Lake No. 56-293, Lake Name - Crane, Class - RD
The variance requested is the following:
Replace existing drain field that is in the road right-of-way (from previous variance) with a holding tank in the same
location (in road right-of-way). (Drain field is non-compliant due to higher water table and Ness Backhoe recommends a
holding tank replacement).
‘V\^aym Stein
Board of Adjustment Secretary
October 18, 2018
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 22nd, day of October, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Marylou & Robert Haskell, 4821 Rosf Creek Pkwy S, Fargo, ND 58104-6488
Keith Baldwin, Twp Clerk of Clitherall, 21385 374<^ Ave, Battle Lake, MN 56515
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 Wass, 29133 260‘'’ ST, Underwood,MN 56586
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: October 22, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
i
JACK K & KAROLINE L BAGENT
39660 CRAiNE LAKE DR
BATTLE LAKE, MN 56515-9256
MARYLOU & ROBERT HASKELL
4821 ROSE CREEK PKWY S
FARGO, ND 58104-6488
PATRICK F & FRANCES L DIDIER
4693 PINTAIL CT
MARION, lA 52302-6276
ROBERT R HASKELL
4821 ROSE CREEK PKWY S
FARGO, ND 58104-6844
VERONICA RHECHT
39492 CRANE LAKE DR
BATTLE LAKE, MN 56515-9256
DARYL L & CAROLINE A HOVLAND
523 6TH ST N
GRAND FORKS, ND 58203-3230
LARSGARD LLC
18505 QUARTZ RD
CLITHERALL, MN 56524-9587
WILLIAM S & DIANE M MASLOSKl
13616 PIERCE ST NE
HAM LAKE, MN 55304-6751
JAY & NANCY JOHNSON
39380 CLITHERALL LAKE RD S
BATTLE LAKE, MN 56515-9253
PAULIESER HAUS LLC
20707 217TH ST
RICHMOND, MN 56368-8357
MICHAEL NELSON
39456 CRANE LAKE DR
BATTLE LAKE, MN 56515-9256
NORDLUND RECREATION LLC
48574 COUNTY HIGHWAY 6
PARKERS PRAIRIE, MN 56361-4884
ROMAN B & TIMOTHY D SUCHY
17730 COUNTY HIGHWAY 59
VINING, MN 56588-9544
TERRENCE L & KATHERINE M PAULS
39586 CRANE LAKE DR
BATTLE LAKE, MN 56515-9256
ELAINE M ROUNDS
10974 COUNTY 32
BERTHA, MN 56437-1048
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