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HomeMy WebLinkAbout10000250172047_Variances_06-07-2012Variances Barcode 128 F OlfilO'l lZ0^2,1110477 DOC# 1110477Date Stamp 1110477 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTARECEIVED Certified, Filed, and/or Recorded: June 14, 2012 10:35 AM Wendy L. Metcalf, Recorder HAY t I 2012 LAND & RESOURCE Returned To: LAND & RESOURCE By: NDB 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 onApplication Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date ^€>A»r^t3>/>Jf3uSrA.^ T^^pFSO/^AYTIME PHONE 1 ^ Qj-\J>0 /-feuw _________ LAKE NUMBER ^(o - A ^3 LAKE NAME ___________________ SECTION TOWNSHIP /gO. RANGE QO TOWNSHIP NAME PROPERTY OWNER MAILING ADDRESS LAKE CLASS E-911 ^ADDRESS /C^ra,Jt> P/'.s/fe 'pfe>L Cc^Upc) PARCEL NUMBER LEGAL DESCRIPTION Lc^^r ^1. TYPE OF VARIANCE REQUESTED (Please Check) structure Setback Structure Size Subdivision Cluster WECS Misc.Sewage System SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. //aV€ A/eu' lo' cloStc fa This 6.\lDu; (XS -b 6LS6. Sai move 4l? ^t>' * 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. 5-lh/l PERTY OWNER / AGENT FOR OWNER DATE >^©ANNED(Applicant Will Receive Notification As To The Date/Time Of Hearing^ APPLICANT MUST BE PRESENT AT THE HE 345,194 • Victor Lundeen Co , Printers * Fergus Falls, Minnesota \ ^ i/Q-9 amTimeDate Of Hearing xxAva Motion Joel and Susan Peterson - Approved the variance as requested. (7:02 p:m.) After consideration and discussion,'Steve Schierer made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve a variance of 10’ from the required ordinary high water ievel setback of 100’ for the placement of a dwelling 90’ from the ordinary high water level as depicted on thO'drawing submitted with the variance application. : The hardship/practical.difficulty is the unique shape of the applicants’ lot. The proposed development vvill be behind the general building line in this particular neighborhood. It was also noted that other dwellings in this immediate area are- closer to the ordinary high water level than the proposed development. i . . I iirmanTbtter Tail CoWity Board of Adjus^ent Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No Copy of Application-Mailed to Applicant, Co. .Assessor and the MN DNR bk 072011-001 Joel and Susan Peterson - Approved the variance as requested. (7:02 p.m.) Joel and Susan Peterson, Lot 47 Bergsten N Shore Park, Crane Lake in Clitherall Township, requested a variance of 10’ from the required ordinary high water level setback of 100' for the placement of a dwelling 90’from the ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve a variance of 10’ from the required ordinary high water level setback of 100' for the placement of a dwelling 90’ from the ordinary high water level as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is the unique shape of the applicants’ lot. The proposed development will be behind the general building line in this particular neighborhood. It was also noted that other dwellings in this immediate area are closer to the ordinary high water level than the proposed development. Cheryl Boche - Approved the variance as requested with a condition. (7:08 p.m.) Cheryl Boche, Lot 79 Nedberg - Nye Survey Lots of Government Lot 1, 2 and 3, Section 1 of Edna Township by Devils Lake, requested the following: Proposing to replace the existing garage with a 26’ by 20’ two story garage with bedroom being 45’ from the ordinary high water level. Requesting a variance of 30’. Also proposing a breezeway to connect the proposed garage to the existing dwelling. The proposed breezeway will be 57’ from the ordinary high water level, Requesting a variance of 18’ from the ordinary high water level. The required structure setback is 75’. Will be tying the proposed addition to the existing cabin, which may warrant a roofline change. The applicant’s husband appeared with 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, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve the variance as requested in the application dated May 14, 2012 and as depicted on the drawings submitted with the variance application with the condition that the applicant’s property must have a certified septic system. It should be noted that the applicant’s proposed development includes raising the existing cabin etc. as noted on the second page of the applicant’s drawings. Sally H. Mudge - Approved the variance as requested. (7:15 p.m.) Sally H Mudge Trust, part of Government Lot 4, Section 6 of Girard Township by Blanche Lake, requested the following: Purchasing credits from a wetland bank that is not located within the minor watershed of Blanche Lake. Approval has been granted by Rick West to purchase the wetland credits. The applicant was represented by Jacqueline Henning and Cindy Thernell, The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Paul Larson and unanimously carried, to approve the variance as requested in the variance application dated February 3, 2012 noting that the approval is consistent with past actions of the Board of Adjustment. William E. Martinson - Approved as amended at the June 7, 2012 hearing with a condition. (7:18 p.m.) William E. Martinson, Lot 11 Tonseth Heights, Tonseth Lake in Friberg Township, requested the following: We are requesting a variance to do an expansion of the existing cabin which will include: a second story, a new roof, two additions, and a deck. Cabin is approximately 42’ from the ordinary high water level and eight feet from the lot line. The 12’ by 18’ existing portion will get a six foot extension and a new roof. The second expansion is a 28’ by 32’ 2-story addition attached to the 12’ by 18’ existing structure. The proposed project will not be any closer to the lake than the existing structure. We are also requesting a new garage located as follows: minimum required 20 foot setback from road right-of way and about 120 feet from ordinary high water level. April 5, 2012 meeting - The audience was polled with no one speaking for or against the variance as requested. An email from Linda Bowhall expressing concern with the variance as requested was read for the record. After discussion and consideration, Steve Schierer, with the verbal agreement of the applicants made a motion, seconded by Michael Harris and unanimously carried, to table the applicants’ request until the next scheduled meeting of the Board of Adjustment to provide the applicant with an opportunity to consider other possible alternatives that would substantially reduce the variance requested. May 3, 2012 meeting - The office received a letter from Mr. Martinson prior to the meeting requesting the tabling of his application until a future meeting date. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to table, as requested by the applicant, the variance hearing until the next scheduled meeting of the Board of Adjustment. June 7, 2012 meeting - After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried to approve a variance of 140’ from the required ordinary high water levei setback of 200’ for the placement of the proposed development 60’ from the ordinary high water level as depicted on the amended drawing with the condition that the existing structure must be removed (the removal date will be established ocate theby the Land and Resource Department when the site permit is issued). The applicant’s amended pmpncyj| will jr proposed development more centrally on his property. O A m F iAy\^t ^ 8.S2156 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1 hereby certify that this instrument # was filed/recorded in ^i^office for record on the \ln day of ----6xpi:__Wendy L. Metcalf, by: ,I 1. ‘rei^rding fm^ well certificate No delinquent taxes and transfe Real Estate Value ( ) filed ( Certificate of Real Estate Value No. Wayne Stein, County Auditor by----Crikj!------------ r entered; Certificate of ) not required. ----9€24ca t999 at i212D_am(^) jflOrder K__eBputy untv R’ Ofear)m Deputy WARRANTY DEED 9^ -T/o ^$123.75State Deed Tax due: THIS INDENTURE, Made this 4th day of August, 1999, between TODD'S WELDING SHOP, INC., a Minnesota corporation, grantor, and JOEL K. PETERSON and SUSAN K. PETERSON, husband and wife, as joint tenants, whose post office address is 2430 NE 149th Avenue, Ham Lake, MN 55304, grantees. WITNESSETH, For and in consideration of the sura of ONE Grantor doesDOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION, hereby Grant to the grantees, as joint tenants and not as tenants in common, with right of survivorship, all of the following real property lying and being in the County of Otter Tail, and State of Minnesota, and described as follows, to-wit: That part of Government Lots Two (2) and Three (3) of Section Twenty-five (25) in Township One Hundred Thirty-two (132) North, of Range Forty {40), West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the Northwest corner of said Section Twenty-five (25); thence East 226.28 feet; thence South 796 feet; thence North 82°19' minutes East 148.4 feet; thence North 86°12'30" East 128.65 feet; thence North 90°00' East 102.02 feet; thence South 67°06'30" East 129.3 feet; thence South 40“50' East 185.4 feet; thence South 61°20' East 160.?2 feet; thence South 70°45' East 234.95 feet; thence South 77°59' East 298104 feet; thence South 13°19' East ‘lOO feet; thence North 76°41' East 205 feet; thence South 61°19^ East 150* feet; thence South 44°59' East isq'feet; thence South 39*19' East 296.06 feet, to an iron monumentthence South 40°39' East 150 feet; ^thence South 21°29' East 225 feet; thence South 13°19' East300 f^et;^ thence South 14°03' East 1^0*feet; thence South 33°03' East 95.03 feet, to an iron monument; thence South 79°39'40" West 22 feet, more or less, to the Easterly shoreline of Crane Lake and THE POINT OF BEGINNING of the tract of land to be described: thence North 79°3 9'40" East 195.01 feet, more or less, to an iron monument; thence South 19°16' East 127.73 feet, to an iron monument; thence North 89°11' West 191.56 feet, more or less; thence Northerly, on said shoreline, to the point of beginning. OF OTTER TAIL.T.A?ECf MnWESOTA . ■oEEDT^xSCANNED DATE WE ARE FAMILIAR WITH THE PROPERTY DESCRIBED IN THIS INSTRUMENT AND I CERTIFY THAT THE STATUS AND NUMBER OF WELLS ON THE DESCRIBED REAL PROPERTY HAS NOT CHANGED SINCE THE LAST PREVIOUSLY D WELL .OSURE CERTIFICATE.F. / — grantee And the said grantor, for itself, its successors and assigns, does covenant with the grantee, that it is well seized in fee of the land and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid; that the same are free from all incumbrances, except installments of special assessments or assessments for special improvements which have not been certified to the County Auditor for collection, and the above granted lands and premises in the quiet and peaceable possession of said grantee, against all persons lawfully claiming or to claim the whole or any part thereof, the said grantor will warrant and defend. WITNESS, The hand of the grantor: TODD'S WELDING SHOP, INC. 'hman. President'od' STATE OF NORTH DAKOTA) ) ss. COUNTY OF RICHLAND ) On this 1999, before me personally appeared Todd Dohman, the President of TODD'S WELDING SHOP, INC., known to me to be the person who is described in, and who executed the within and foregoing instrument, and that he executed the same, on behalf o day of August knowledged ion,■p; GABRIEL L HERMES(.! • 'Notary Public, Richland County, North Dakota.* »My commission expires June 21, 2003 . This document drafted by: Wilkin Abstract, Inc. P. 0. Box 910 Wahpeton, ND Tax statements mailed to: JOEL K. & SUSAN K. PETERSON, 2430 NE 149th Avenue, Ham Lake, MN 55304,58074 SCANNED I *• • .. :*. • •• I .............. -LEGAL DESCRIPTION •• •• That part oC Covornraent Lots Two (2) and Three (3), Section Tventy-fivo (25), Township One Hundred Thirty- two (132), hango Forty (40) West, ..Otter Tail County, Mlnneoota, described an foLLown; Commencing at theIJorthWODt corner ot said Section Twenty-five (25) ; thence East 225,2S feet; thence South 756 loot; thence 2Jorth 82 dugroon 19 minutes East 148,4 Coot; thence Worth 86 degrees 12 minutes 30 seconds East 128.65 foot; thence Worth 90 degrees 00 minutes East 102.02 feet; thence South 67 degrees 06 minutes 30 seconds .East-129.3 'net; thence South 40 degrees so minutes East 185.4 tret; thence South 61 degrees 20 minutes East i60,22 ccet; thence South 70 degrees 45 minutes East 234.95 feet; thence'south 77 dogrees 59 minuten East 295.04 foot; thence South 13 degrees 19 minutes East 100 feet; thence Jlorth 76 degrees 41 minutes East 200 foot; thence South- 89 degrees 19 minutes East 300 feet; thence south 6i dogruen 19 minutes Eoot'TSO-fcet; thence South 44 dogroco 69 minutes East 150 feet; thence South 39 degrees 19 pinutoo East 296.06 feet to an iron monument; thonce South 40 dogroee 39 minutes East ISO fott; thonce South 21 dogreea 29 minutes Eost 225 foot; thence South 13 dogrooo 19 minutes East 300 feet; thonce South 14 dogrees 03 ninutus East 150 feet; thonce South 33 degrees 03 minutes East 95.03 feet to on iron monument; thonce South 79 dogreea 39 minutes 40 seconds West 22 foot more or loss to ths easterly ohorolino of Crane Lake and the point of beginning of the tract of land to bo described: . •..* .. • 1 „ •* . •• ••* %. %»; •» Ie thencs Worth 79 degroos 39 minutes 40 seconds East 195.01 Coot more or loss to an iron monumont; thence South 19 degrees 16 ainutes East 127.73 feet to an iron monument; thonce Worth 89 degrooa ii minutes West 191.56 feet more or loss; thonce northerly, on said shoreline, to the point of beginning, together with the riparian rights pertaining to said tract of land, which contains 0.52 acre more or less. i I 1 Together with ingress and cgrc*!T^or the following; 33 foot on each side ‘ of a^«€nccrlino beginning at the centerline of a townsM.fr rood 226.28 feet East and 18 foot South of the Nort)r(?est corner of Section Twenty-five (25), Township one ftdndred Thirty-two (132) Worth, Range Forty (40) Vast, ^ter Tail County, Mlnnonota; thence South, parallel the West lino of said Section Twenty-five (25), a dlotancojot 744.7 feet; thence Worth 02 degrees 19 ninuteo Eaot ;U5.07 Ccot/ thonc-* Worth 86 dogreea 12 minutes 30 neconmiEaat 130.86 ■tee,')'; thence Worth 90 degrees 00 minute.s eaist i 39 ■gtei* to Point “B”, said point being the end of tha^poTtion of this road dodioAted to Che public; 1.92 ac and together wItlyA prlvota toed eosomont doseribod an followDi 33 foo)/on each side of the following described coMtorline: ^ginning at Point "B" on the above- described pub^c road; thence south 67 degrees 06 minutes 30 seconds East 143.68 feet; thence South 40 degrees so minutes East/ 187.13 feet; thence South 61 degrees 20 minutes East/ 151.53 feet; thence South 70 degrees 45 minutes East 230.14 feet; thence South 77 degrees 59 minutes Ease 288.53 feet; thence Worth 77 degrees 21 minutes East 207.04 feet; thence Worth 85 degrees 12 minutes 20/ seconds East 350.57 feet; thence South 70 degrees 73 minutes East 227.64 feet; thence South 43 degrees 00 minutes East 189.7 feoV; thence South 40 degrees 16 minutes East <84.Ol fe.e.4; thence South 19 degrees 15 mi lutes East 964.68 feet; thence South 0 degrees 4m minutes West 95.87 feet do the South line of Gover.-iaantX Lot Three (3) of said Section Twenty-five (25), Township One Hundred Thirty-two (132) Worth, Range Ton (10) Hestr'~~(Thia eaaeuuiTC'shall become null and void in the event a proposed township road is duly dedicated to provide ingroso and egress to the above described land). ^ I•? A'•’v n 3 ■V i ;Is , 's: i X ; ;; SCANNED«. • *: 1 .. . Ti If"l SCALE DRAWING FORMi T t -IO'O0O-Z^~0l7X -6)V7 Tax Parcel Number(s) The scale drawing must be a signed drawing which inciudes and identifies a graphic scaie (feet), all existing and/or proposed structures, septic tanks, drainfieids, lotlines, road right-of-ways, easements, OHWLs, weils, wetiands, topographic features (i.e. biuffs), and onsite impervious surface caiculations. i /3. 6 9 %Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side)■i S/s ! I f Ui//■\ 51 I ! _.;1 ] .t i■I" ^ /I. 4...t I -f f i 20 % 2H ' r iI a 0 MO'T ,j, .T T[f I...\ "i...t'-I f 1 iiSS.oS I 30'iI[ ; !281 HH r .I i■ T t i I f qo"4 f ■r ,L ..I.■r!■ t ... .j I-1..1. : ...i.!4 ft!'i ..i., :! 1 :f'si' I [ r ■ I;;4—• f Signature of Proper y Owner Date BK — 0909 S3&596 t Victor Undeen Co. Piimets > Feigus Itiills. Jun • 1.600.3464820I J IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): iHdO F|2Structure(s): ajS Ft2Deck(s): 330 Ft2Driveway(s): FPPatio(s): Ft2Sidewalk(s): I 10 Ft2Stairway(s): Ft2Retaining Wail(s): Ft2Landscaping: (Plastic Barrier) Other:Ft2 2‘^IQ Ft2TOTAL IMPERVIOUS SURFACE: n,(oQO Ft2LOT AREA: 1^XMlO = X 100 =^ 11,boo ,% IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA \ ( Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tall.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Joel and Susan Peterson 2430 149 Ave NE Ham Lake, MN 55304 has 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, June 7, 2012 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 47 Bergtens North Shore Park, Property Address - 40060 Crane Lake Drive Section 25, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-293, Lake Name - Crane, Class - RD The variance requested is - a variance of 10’ from the required ordinary high water level setback of 100’ for the placement of a dwelling 90’from the ordinary high water level. ‘Wayne Stein Board of Adjustment Secretary Date: May 18, 2012 SCANNED 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 18th, day of May, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Joel K & Susan K Peterson, 2430 149‘^ Ave NE, Ham Lake, MN 55304 Janet Eitzen, Twp Clerk of Clitherall, 40034 Old Town Way, 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 1^' Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Joe Maske, 14833 Lake Olaf Rd S, 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: May 18th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud N VIOLET E EVAVOLD 38037 113TH ST ASHBY MN 56309 HARVEY R & DIANNE ERICKSON 39974 CRANE LAKE DR BATTLE LAKE MN 56515 9256 ERODING TST 40020 CRANE LAKE DR BATTLE LAKE MN 56515 9256 GRANT W & DOROTHY E JOHNSON 735 20TH ST WINDOMMN 56101 1130 JOEL K & SUSAN K PETERSON 2430 149TH AVE NE HAM LAKE MN 55304 6321 LELAND J & DEBRA S JARRELL 17225 405TH AVE CLITHERALLMN 56524 9581 JOHN H & DEBORAH M USELMAN 18147 MINNI ACRES RD CLITHERALLMN 56524 9583 RICHARD G & MARY C WARD 719 4TH STSE WILLMARMN 56201 4519 ALAN T STEINE 40078 CRANE LAKE DR BATTLE LAKE MN 56515 9256