HomeMy WebLinkAbout41000030018014_Variances_09-13-2018Variances
2
Barcode 128
qi5-zoi^SCA»CD
1212602Date stamp
RECEIVED
JUL ! 6 2018
i=*-A!MD&RES0URC'
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
recorded on
10/03/2018 09:10 AM
FEE; 46.00
PAGES 8
WELL CERTIFICATE REC’D: N
==
received
■lUL 30 20(8
-AND&R£soorC’
OD • •
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.usOTTCR TRU
Application Fee I^CO -
Receipt Number
Accepted by Date
Property Owner
Name Richard A. Phelps
Address 3612 Cedar Ln NW
City Bemidji
State MN
Zip 56601
Daytime
Phone
218-766-5263
Email rphelps@century21dickinson.com
Parcel Information
Lake NameLake No Stuart Lake Class Gen Dev56-191
Parcel Number(s)41000030018014
Parcel Number(s)
Township Name
Legal Description
Nidaros__I Section 03
Physical Address 21399 Mailbox Loop, Vining, Mn 56588
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback SubdivisionStructure Size Sewage System
✓MiscellaneousClusterWECS
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WIU BE USED FOR PUBLIC
NOTIFICATION.
Replacement of existing structure 20 ft from OHWL with identical structure in
location as described in Site and Lot Application. Remove 20.5'X 22' existing structure
with roof sloping toward lake. Replace structure with steeper pitched roof for
removal and change slope direction 90 degrees so as to slope away from lake.
Current Height of structure and roof is 11'.
height of 18.5'.
same
snow
i
Replace with roof and structure total
Structure is located 80' and 100' from lot lines.
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
MiyOAgayiENT regarding TW^MAHER. ___________
aGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
>?Av-Date of Hearing 18 Time
Motion
Richard A. Phelps - Variance application approved with conditions. (6:32 p.m.)
After consideration and discussion, Thomas Lee made a motion, seconded by Kenneth Vorderbruggen to approve
the variance application as requested. The motion to approve failed with Doug Larson, Darren Newville and Jack
Rosenthal voting no. Those voting against the motion to approve were concerned with establishing precedence.
After additional consideration and discussion , Darren Newville made a motion, seconded by Jack Rosenthal and
unanimously carried, to approve the replacement of a 20.5’ by 22’ existing structure, which is located 20’ from the
ordinary high-water level with a new 20.5’ by 22’ structure in the same location with the condition that the height of
the sidewalls on the new structure cannot be any taller than the sidewalls on the existing structure and with the
condition that the roof must have a 4 - 12 pitch. The variance as approved will provide reasonable use. It was noted
that the new structure will direct runoff from the roof away from the lake. Hardship/practical difficulty is an older
structure in need of maintenance. The variance as approved does not directly or indirectly grant any other variances
for the proposed developm r for any future development.
Chairman/Otter Tail County Board of Adjustment
zPermit(s) required from Land & Resource Management No
Note: If Yes, contact Land & Resource Management
Amhdo Ihl-KCopy of Application mailed to Applicant, County Assessor and MN ONR
L&R Official/Date
8451.SO, /
I M0 No- - WARRANTY DEED
Individual(s)to ]ndividuals(s)
Uniform Conveyancing Blanks (1978)Millcr-Davis Co.. S(. Paul. MN
No delinquent taxes and transfer entered; Certificate
of Real Estate Value (
Certificate of Real Estate Value No.
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__
) filed ( * ) not required
845±50
was filed/recorded i
for r
is office
_day of
1999 at ))^^~i|gl/pm
punty necoBfler'-'^
rVe»r)
“ffiiion the
County AuditorcJi Wendy L. M
by:abyL|WOC>o -0*5'<3 0
4\'0 O 0-C>-5 -06 C>gy? .Si:> ‘^recording fan
well certificate
Deputy
STATE DEED TAX DUE HEREON: .........-$3.30
Date:OoUL»r 2!^ ■(reserved for recording data)!
iFOR VALUABLE CONSIDERATION, BO.YD M. PHELPS and PHOEBEX. PHELPS, husband and_wife ^...
.............— -.......................................................... ........................ ......-...............- ....... ........................... Granior(s),I
(marital status)
hereby convey(s) and warrant(s) to RICHARD ALAN PHELPS
real property in
......................................... ........., Grantee (s)
County, Minnesota, described as follows:____ Ottertail ____
See Page 2.
THE TOTAL CONSIDERATION FOR THIS TRANSFER OF REAL PROPERTY IS $1,000.00 OR LESS.
(if more space is needed, continue on back)I together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
; SUBJECT TO any easements, restrictions or reservations of record.
: EXCEPTING previously reserved minerals and/or mineral rights, if any.
COUNTY OF OITEP. TAU
S'l^iTE OF MiJiNESOTAOEEDTAX S 3~3P___
Affix Deed Tax Stamp Here NUMBEfP^, fe7if£»/. ■
I
n BOYD
J0-?
:lps
BHELPSPHOEBE C.1^ ss.(jarf-low ACOUNTY OF
;
The foregoing instrument was acknowledged before me on
by ROVn M PHF.r .P.Sanri ;Date
_» Graiitor(s).\
NOTARIAL STAMP OR SEAL <OR OTHER TITLE OR R.\NK):
SIGNATURE OF PERSON TAKING ACKNOW1.BDGMENTCAVIO C PBITCHETT Nonunr PUBLIC • MINNESOTA CARLTON COUNTYEipiraB Jan. 31, 2000
Tax Statements for the real property described in this iostrumenc should
be sent to (Include name and address of Grantee):
Boyd and Phoebe Phelps
31 Rahkola Road
Esko. MN 55733
1'H1S IKSTni;.MKI\T WAS UK.AF1 KD BV 1>'AM>: AM) ADDRF.SS):
David C. Pritchett
^ Rudy, Gassert, Yetka, Doran & Pritchett, P.A.
123 Avenue C
Cloquet. MN 55720
218-879-3363
22179X
u(
Form No. 1-M — Page 2
LEGAL DESCRIPTION
' That part of Government Lot 6, Section 3, Township 132, Range 39, described as follows; Commencing at the |
I northeast corner of said Government Lot 6 (For descriptive purposes only the easterly line of said Government Lot , 6 has an assumed bearing of South 3 degrees S2 minutes 07 seconds East); thence North 86 degrees 49 minutes 18 |
j seconds West 187.8 feet; thence North 87 degrees 47 minutes 03 seconds West 609.59 feet; thence North 87
degrees 55 minutes 22 seconds West 360.08 feet; thence North 88 degrees 06 minutes 16 seconds West 146.75 j
feet; thence South 01 degree 53 minutes 24 seconds West 440.42 feet to point of beginning of area to be described;
thence continuing South 01 degree 53 minutes 24 seconds West 110.00 feet; thence South 81 degrees 48 minutes 38
seconds West 596.80 feet; thence North 28 degrees 11 minutes 22 seconds West 75 feet, more or less, to the
shoreline of Stuart Lake; thence Northerly on said shoreline to the intersection with a line projected at a bearing of
North 83 degrees 33 minutes 51 seconds West from point of beginning; thence South 83 degrees 33 minutes 51
I seconds East 566 feet, more or less, to point of beginning, containing 2.6 acres, more or less.
AND
An undivided one-third interest in and to Government Lot 6 and Government Lot 7 of Section 3, Township 132, i Range 39, EXCEPT the tracts described on attached Exhibit A. '
j The above property is also subject to an agreement dated September 7, 1962, and filed in Book 52 of I
Miscellaneous, page 445.
The property is also subject to an easement dated November 6, 1972, and filed in Book 86 of Miscellaneous, page i
I 673.
I
RESERVING unto the Grantors a life estate in the above described property, for each of them.
I
I
Eykt biW- /4 \ orf H
fiook. ^2)^ STS^II.
That part of Government. Lot 7 of Sec. 3—132—39 which Uea
Southerly end Westerly of the following described line; Beg. at the S£ corner of said Government Lot 7 of said Section; 1
thence North B6 degrees 3* West 717 feet; thence North 37
degrees 10* W6st 82 feet; thence North 82 degrees 30* West
to the shoreline of Stuart Lake and there terminating. .
To find the point of beginning Comnience at the' southeedt. corner of^Seetlon Three (3)/- Towiiolilp One Hundred Thirty-two (132) Nort1i, Range Thirty-nine (39)' West of' the 5» P.M. ;
also being the eoutheaet corner of Government Lot Seven (7)* said section, thence on an oGsumod bearing of West and along the south line of said Section three (3) a distance of
2237.33 feet to the M. C. No. 15 on the high water mark of Lake Stuart, thence following said high w.ater mark of Lake Stuart thus; N *47°—**8'B 212.1 feet; N 61®—168.25 feet;S 8oO-32’B 147-85 feet; - s 5Z°-54'B 246.35 feet; N 79°-03'E 129-53 feet; N66«>-35'E 192.75 feet; H 54®-05'E 131.60 feet; N 42®-55'E 75.0 feet: N 44®-l8’E 75.0 feet to the point of beglnnlnc,
t)ienco leaving said lake shore S 69°-26*E 209-5 feet; thence N 55®—32'E 75-0 feet; thence N 67°-32*W 243.0 feet more or less to the shore line of Lake Stuart, thence southwesterly
along said shore line 75-0 feet more "or lees to the Intersection with a line drawn M 69®-26 W
from the point of beginning, thence S 69®-26*E.-23-0 feet more or less-to the ^int of
beginning and containing 0.4l acres more or less and being a part of said Government lot Seven (7;, Section Three (3). and ^
The- Soutli H„lf (S)3) , as measured along'the Northwesterly and Southeasterly lines of the :j'following described property: To fine the point of beginning commence ait the southeastcorner of Section Three (3)» Township One Hundred;iThlrty—two ?132), North, Range Thirty-nln«(59) West of the 5'*’ P- M. ; also being the southeast corner of Qoverfament Lot Seven (7), sale, section, thence on an assumed bearing of West euid along the south line of said Section Thre« T: (3) a distance of 2237-33 feet to the M. C. No- 15 on the high aater mark of Lake Stuart,
thence following said high water mark of -Lake Stuart thus; N 47®—48’B 212.1 feet; N 6l®-44’i; 168.25 feet; S 8o°-32'E 147.85 feet; S 57®-34*E 246.35 feet; N 79®-03'E 129-55 feet; N 66®-J5’E
192.75 feet; N 54®-05*B I3I-60 feet; N 42®t35*E 75-0 feet; n44®-i8*E 75.0 feet; N 42®-48'B
75.0 feet to the point of beginning, thence' leaving said shore line S 67®—32*E 225-0 feet;
thence N 55°—32*E 75-0 feet; thence N.65°-.5**'W 264.5 feet more or less to the shore line of
Lake Stuart, thence southwesterly arid along said.'rihore line 75-0 feet mors or less to the
Intersection with a line drawn N 67®r-32’.W from the point of beginning, thence S 67®-32'E
18.0 feet more or-, less to the point- of beginning, and containing 0.44 acrea more or less and
being a part of said Government l#ot 7« Section 3- . : n:,.'.. : 'f
Q,ook 7073.
To find the point of beginning commence at the Southeast corner of Section Three
C3)I' Township One Hundred Thirty-two (132) North, RsuigerThlrty—nine (39) West
7of' the 5*t P. M; olso being the southeast corner of Government Lot Seven (7)«
said section, - thence on an assumed bearing of West and along the 'south line of
said section Three (3) a distance of 2237-33 feet to the M.C. No- 15 on the high
water mark of Lake Stuart, thence following said high water mark of Lake Stuart thus; N 47®- 48*E 212.1 feet; thence N 6I®- 44*E 168.25 feet; thence S 80®-32»
E 147.85 feet; thence S 57®- 54* E 246.35 feet; thence N 79°- 03* E 129-55 feet;
thence N 66®- 35» B 192-75 feet; thence N 54®- 05’ E I3I.60 feet, thence N.
42®- 35’ E 75-Q feet; thence N 44®- l8*E 75-0 feet; thence N 42®- 48’ E 75-0
■feet; thence N 59®- 24* E 75-0 feet; thence N 30®- 54* E 75-0 feet; to the point
of beginning, thence leaving said Lake shore S 63®- 31’ B 275-35 feet; thence N 55°- 32’ E 75.0 feet; thence N 32®- 08’. B 125-0 feet; thence N 6l°- 25* W to the
shore line of Lake Stuart; thence southwesterly and along aauLd shore line 200 feet
more Or less to the Intersection with a line drawn N 630-. 31'. W from 'the point of
beginning, thence,'B 63®— 31’ E 15-0 feet more or less to the point Of b'eglnnlng .
and being a part of said Government Lot Seven (7). Section Three (3)-.
Boole fk^e
To find the point of beginning commence 'at the southeast corner of Section three (3)^
Township One Hundred Thirty-two (132), North, Range Thirty-nine (39) West of the 5*‘»
P.' M.; also being the southeast corner of. Government Lot Seven (7)i said section, thence on an assumed bearing of West and along the south line of' s^d Section Three
(3) a distance of 2237-33 feet to the-'M. C. No. 15 on the high water mark of Lake
Stuart, thence following said high wate'r mark'of Lake' Stuart.'thus; N 4?®—48’E 212.1 feet; N 6lo-44‘E 168.25 feet; S 8oo_32*E 147.85 feet; S 57®-54’E 246.35 feet; N79®-
03’E 129.55 feet; N 66o_35ib 192-75 feet; N 54o_05fE I3I.6O feet; N 42o-35,tE 75-P
feet to the point of beginning', thence leaving said lake shore S 71®-48*E 194.05'
feet; thence N 58®-12*E 76.35 feet;' thence N 69®—26 *W. 232.5 teet more' or less to the
shore line of Lake Stuart, -.thence southwesterly along bald shore line 75oO feet more
or less to the intersection, with' a line drawn N 7I®—48’W from the point of-beginning,
thence S71®-48’E 12.0 feAt more or 'less to the point of beginning and containing
0.38 acres more or less, and being a part of said Government Lot Seven (7), Section
Three (5).
p.2o-f H
S’. Book /4l<t,
That part of Govormnent Lot Seven (7) in Section Three (3), Township
hundred thirty-two (132) North, Range Thirty-nine (39) West of the ^
Principal MeridiM described as follows:
One
ifth
From an iron stake at Meander Corner No. 13 at the pont where the South line
of said Government Lot 7 intersedts the shore of Stuart Lake, thence run along . ■
the following courses and distances, N ^7°^8'B 212;10 feet, N.6l®44» E 168,25
feet, S 8o®3pB 147,85 feet, S 57®54'E 246.35 feet, N 79°03*E 129.55. feet, N 66°35*E 192,
75 K 5^®05*E 131*60 feet to the point of beginning of said tract 11 thence running
® ® ® distance of 199.55 feet, .thence S 37°54*W a distance of I3.OO feet, thence
N 87°47»w a distance of 270,00 feet to the shore of Stuart Lake, thence N 54°05*E a
distance of 110,00 feet to the point of beginning*
tract owner.All riparian rights to go to
Saok Hiz. ftije-lfeS"
To find the point of beginning commence at the southeast comer of Section Three (3),
Tovmship One Hundred Thirty-tvro (132) North, Range Thirty-nine (3?) West of the 5th
P.Mj also being the southeast comer of Government lot Seven (7), said section,
^ thence on an assumed bearing of Vfest and along the south line of said Section Three
(3) a distance of .2237*33 feet to the M, C, No, 15 on the high water mark of Lake
Stuart, thence following said high watoi* mark of Lake Stuart thus; N 212.1 feet; n61°1*1jB 168.25 feet; S 80°32»E 1U7.85 feet; S 57®5U’E 246.35 feet;
N 79°03'E 129.55 feet; H66°35'E 192,75 feet; N 54 05*E 131,6 feet to the point
of beginning, thence leaving said lake shore S 71°06’E 199»55 feet; thence N37®
54' E 75.0 feet; thenco N 71°4®f^ 206,05 feet more or less to the said shore lino
of Stuart Lake, thence southwesterly and along said shore line to the intersection
with a line dm\m N 71®06^J fran the point of beginning, thenco S 71°06'E 16,0
feet more or less to the point of beginning and containing 0.36 acres more or loss
and being a part of said Government Lot Seven (7), Section Three (3),
7. S><»k ‘fSS, (33
A parcel of land in Government Lot Seven (7) Section Three (3) Tov/nsliip One
Hundred thirty-two (132) North, Range Thirty-hine (59) V/eat of the Fifth Principal
Meridian, Otter Tail County, Minnesota described as follows:
From meander Corner No. I5 where the South line of said Government Lot Seven (7)
intersects the shore line of-Stuart Lake running East of said South line of Lot 7 a distance of 615.O feet, thence N 40 degrees and 15 minutes E a disbnnco '
. • of 1044.0 feet.to an iron stake as the point of beginning of this tract; thenco
N 25°00' E a-distance of 75 feet nlong shore of Stuart Lake; thence S 62°30* E ri
distance-of 3bo.OO feet; thence. S 25°00* V/ a distance of 75 feet; thence N 62°30*
V/ a distance of 300.0 feet to the Bhoi-e line of Stuart Lake and the point of
beginning.
p. 3 of ^
Book MW, PcL^e. loq
To ('{111! tt«> iJoliit of hiiQlnnlnr) cRtnmcncc at tho lioiithuust corner of Sactlon
■fliroo (3)» To'«n!;hi(> Ones Himeircd Thfrty-two (132) tiorth, (tango Thfrty~nlno (3?)
West of' the 5tf« (■, /-t. j also being, thn soiitbvsust cornesr of Covornmont Lot Sovesn’.'.
(7)> saitl section, tlienno on an asciime.ii boKring of aiul aTcsiv] tho south lino e
of Kc.'Ction Uiroo (3) a distance of 2:?37.33 foat to the M. c'. Ho. I5 on the
high A/.itnr marl; of L<.(;<i Stuart* • thence f'ol 1 o>.»ing'said high v»«tcr mark of Lake
stii .ri; thiis; M /|7«../»3*E 2i;>.1 foot; II 6l'*-hh'E lf>'3.25 feet; S no®-32*F. 1<l7.a5 fccti
S ;;7''..t;h»i: ;>l|f>.3.'i feot; H /i^‘'^03*r; 129.35 fnatj M fs6"-35’E 192.75 foot; M 5'»‘*-05'E
I31.f>0 foot; n fin -35*11 75.0 fere^t; H h/iO-lU'ti 75.0 fc«-t; t| 75.oroiit;
(( 39'°-2^'£ 75.0 fii.it .to tiiu |>i>irit of begfntiiiKj,' tinsnce leaving saiv( joko shore
S (iS"-34?W 2hh.5 foot; th«.ncr$ /l,55®-32*E 75.’35 feet; thonco tl 63°~3I'U 290.35
feet ir.ora cr less to the shore line of Stuart Lake, thence south\:cstcrly and
alone !:iicr«.- line 75.0 feet more or less to tha intersection with a line drawn
H 65*^-3^*V'f from th.: point of btrgfnning, thenco S f»5**-3^*E 20.0 feet moro or
lesst'.. tho point <jf beginning find centaining O.^iQ acres niorv* or loss arid biting ^
c part of said Goy.irivv.unt Lot Seven (7), Section Three (3).
Tl>e Ilorth Half (1!^-)# «"<“ rucasured along the tibr titwostor I y and Southeasterly Itnes* of
the fol 1 owing ■ doseribod property! To. find tho point of beginning convnence ot tlta
soiithuost corner'bl'- Eoctloii'Throe (3)» Township One Hundred Thirty-two (132) Horth,
Hange Thirty-nine (39) West of tho 5th P. M.; also buing'tho soutlioast corner of , ' Gov»:rr..-«iant Lot Seven (7)» said section, tttcnce on an assumed hearing of 'West and 1
olong tho south lino of said Section Threo (3) a distanco of 2237-33 feet to the M. Ci
Ilo. 15 on the iiigli water rniirlc of Lalw Stuart, tfiuncu follovflng onld high water mark of (.take SUiai't tiuis; tl 212.1 feet; II 6|0-l|f|'U 160.25 feet; S 00®-32'E 1^7.85
feet; S .57‘*-5^i‘E 2/{6.35 feet; 11 79"-D3'E 129.55 fuot; (1 66®-35’E 192-75 foot; II 5'»®-
05'E 131.60 feet; M h2^-35*E 75.0 feet; II /|b®-lO*E 75.0 feet; H b2“-bO'E 75-0 foot
to tho poif.t of heginning, thence leaving said shomlino S 67?~32*E 225-0 fccti
tlif:nco 51 55*^“32'E 75-0 feet; thence II 65’*-34'W 26b.5 feet mor or less to the slioro
line of Lfik'3 Sl.uart, thenco southwastcrly ond along said sliore lino 75-0 feat fr.oro or
less to the intersection viith a line drav.ti 11 67*^-32*W from the point of beginning,
theiico S 67”-32*C 18*0 feet more or loss to tha point of heginning and containing 0.b4
•"icrcs more or less and being n part^ of said Governroent Lot 7* Suction 3- . ;
q, Book 72-1
Xba.t part of Government I.6t 7, Section 3* Township. 132, 'Bahee'39, Otter* Tail Oounty,
Minnesota deaenribed as follows: Commencir.B at the Southeast corner of. said Section3; thence on an assumed bearins of West on the Southerly line thereof for a distance
of 1576.42 feet; thence North OO^OS’aO*' West 66.86 feet; thence North 52"^• 30** past '
867.66 feet; thence North 27“17*5b'' East 74.97 fe6t; thence North 25”53*04»» East ~
49-9^ feet to an iron momuaant found in place on the tract described in- a certain deed .
dated the 2nd day of dune, 1970, filed in Book 433 of Deeds, P„se 13 of public record
in the Office of the Begister of Deeds, Otter Tail County, t'ilcnesota (said tract found
to have diacrepancy in deed call on North 40‘*15* East 1044 feet and was found to
actually measure I'Torth 40‘’47’52'* East for a distance .of 934.49 feet); thence North
26®43’o4" East 75«06 feet to an iron monument found in place on the Northerly' line
of aforementioned described tract seiid point also being point of beginning of tract herein to be described; thence South 62*36*36” Bast on the Northerly line of aforementioxiE
tract and its prolongation for a distance "of 540.35 feet; thence North 68*o4*44** East
66.17 feet; *tbence North 28®30.'24’» East 149.6l feet; thence North 62*36.*46” West 636 feet
more or less to the shoreline of Stuart Lake; thence Southerly on said shoreline to the intersection with the line pro.lected at.North 62‘*36'36" West from point of begizmingt.
d
10. Book srn,
That part of Government Lot Six (6), Section Three (3), Township One Hundred Thirty-two (132),
Range Thirty-nine (39), Otter Tail County, Minnesota, described as follows; Commencing at the
Northeast comer of said Government Lot Six (6); (For descriptive purposes only the Easterly line of
said Govenunent Lot Six (6) has an assiimed bearing of South 3 degrees 52 minutes 07 seconds
East); thence North 86 degrees 49 minutes 18 seconds West 187.8 feet; thence North 87 degrees 47
minutes 03 seconds West 609.59 feet; thence North 87 degrees 55 minutes 22 seconds West 360.08
feet; thence North 88 degrees 06 minutes 16 seconds West 146.75 feet to point of beginning of area
to be described; thence South 01 degrees 53 minutes 24 seconds West 220.42 feet; thence North 86
degrees 10 minutes 04 seconds West 496 feet more or less to the shoreline of Stuart Lake; thence
Northerly and Northwesterly on said shoreline to the intersection with a line projected at a bearing
of North 87 degrees 37 minutes 26 seconds West from point of beginning; thence South 87 degrees
37 minutes 26 seconds East 563 feet more or less to point of beginning, containing 2.5 acres more or
less.
p. ^ 0-C ^
||, Book S'!!,
That part of Government Lot Six (6), Section Three (3), Township One Hundred Thirty-two (132),
Range Thirty-nine (39), Otter Tail County, Minnesota, described as follows: Commencing at the
Northeast comer of said Government Lot Six (6); (For descriptive purposes only the Easterly line of
said Government Lot Six (6) has an assumed bearing of South 3 degrees 52 minutes 07 seconds
East); thence North 86 degrees 49 minutes 18 seconds West 187.8 feet; thence North 87 degrees 47
minutes 03 seconds West 609.59 feet; thence North 87 degrees 55 minutes 22 seconds West 360.08
feet; thence North 88 degrees 49 minutes 18 seconds West 146.75 feet; thence South 01 degree 53
minutes 24 seconds West 660.42 feet to point of beginning of area to be described; thence North 01
degrees 53 minutes 24 seconds East 110.00 feet; thence South 81 degrees 48 minutes 38 seconds
West 596.80 feet; thence South 28 degrees 11 minutes 22 seconds East 90 feet more or less to the
shoreline of Stuart Lake; thence Easterly, Southeasterly, Westerly and Southeasterly on said
shoreline to the intersection with a line projected on said shoreline to the intersection with a line
projected at a bearing of South 55 degrees 25 minutes 52 seconds West fium point of beginning;
thence North 55 degrees 25 minutes 52 seconds East 445 feet more or less to point of beginning,
containing 2.6 acres more or less.
1^. ^^o. 6^72i7
That part of Government Lot Seven, Section TTiree, Township One Hundred Thirty-two, Range
Thirty-nine, described as follows: Commencing at the southeast comer of said Section 3; thence on
an assumed bearing of West on the southerly line of said Section 3 for a distance of 1441.56 feet;
thence North 40 degrees 47 minutes 52 seconds East 934.49 feet; thence South 62 degrees 37
minutes 56 seconds East 277.52 feet to point of beginning of area to be described; thence continuing
South 62 degrees 37 minutes 56 seconds East 195.08 feet; thence South 70 degrees 45 minutes 07
seconds West 169.89 feet; thence North 62 degrees 51 minutes 52 seconds West 63.64 feet; thence
North 20 degrees 34 minutes 13 seconds East 124.60 feet to point of beginning, containing 0.36 of
an acre more or less. Subject to a road easement over the southeasterly 33 feet thereof as measured
parallel and perpendicular to said line having a bearing of South 70 degrees 45 minutes 07 seconds
West.
MINUTES OF THE MEETING
OF THE
o r l ER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, September 13, 2018
The Otter Tail County Board of Adjustment met Thursday, September 13, 2018, with the following persons in attendance:
Thomas Lee
Steve Schierer
Chris LeClair, Land and Resource Management - Director
Kyle Westergard, Land and Resource Management - Assistant Director
Michelle Eldien, County Attorney
Doug Larson
Jack Rosenthal
Darren Newville
Kenneth Vorderbruggen
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 August 9, 2018 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
; Richard A. Phelps - Variance application approved with conditions. (6:32 p.m.)
Richard A. Phelps, part of Government Lot 6, Section 3 of Nidaros Township by Stuart Lake, requested the following:
Replacement of existing structure 20’ from ordinary high-water level with identical structure in same location as described in Site
and Lot Application. Remove 20.5’ by 22’ existing structure with roof sloping toward lake. Replace structure with steeper
pitched roof for snow removal and change slope direction 90 degrees so as to slope away from lake. Current height of structure
and roof is 11’. Replace with roof and structure total height of 18.5’. Structure is located 80’ and 100’ from lot lines. The
audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas
Lee made a motion, seconded by Kenneth Vorderbruggen to approve the variance application as requested. The motion to
approve failed with Doug Larson, Darren Newville and Jack Rosenthal voting no. Those voting against the motion to approve
were concerned with establishing precedence. After additional consideration and discussion , Darren Newville made a motion,
seconded by Jack Rosenthal and unanimously carried, to approve the replacement of a 20.5’ by 22’ existing structure, which is
located 20’ from the ordinary high-water level with a new 20.5’ by 22’ structure in the same location with the condition that the
height of the sidewalls on the new structure cannot be any taller than the sidewalls on the existing structure and with the condition
that the roof must have a 4 - 12 pitch. The variance as approved will provide reasonable use. It was noted that the new structure
will direct runoff from the roof away from the lake. Hardship/practical difficulty is an older structure in need of maintenance.
The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future
development.
MaryJaiie and Don Westra - Variance application approved as requested. (6:47 p.m.)
MaryJane and Don Westra, Lots 21 and 22 Okeson Beach, Eagle Lake in Eagle Lake Township, requested a variance to replace
the existing 12’xl6’ storage shed/fence area with a 12’xl6’ outdoor kitchen. The proposed outdoor kitchen will be 6’ from the lot
line at the closest point (east corner). Requesting a 4’ variance, required setback is 10’. The proposed outdoor kitchen will be
approximately 50.5’ from the ordinary high-water level. Required setback is 75’, requesting a 24.5’ variance. Currently, the
existing impervious surface in the shore impact zone (SIZ) is 416 square feet. By rotating the proposed outdoor kitchen will
remove the existing structure from the shore impact zone and reduce the shore impact zone coverage by 24 square feet bringing
down the coverage to 392 square feet. Asking for a 132 square foot variance. Per Shoreland Management Ordinance the
impervious surface coverage in the shore impact zone shall not exceed 260 square feet. The audience was polled with no one
speaking for or against the variance as requested. After consideration and discussion, Keimeth Vorderbruggen made a motion,
seconded by Darren Newville and carried with Thomas Lee and Steve Schierer voting no, to approve a variance of 4’ from the
required side lot line setback of 10’, a variance of 24.5’ from the required ordinary high-water level setback of 75’ and a variance
of 132 square feet from maximum allowable impervious surface coverage in the shore impact zone of 260 square feet for the
placement of 12’ by 16’ outdoor kitchen 6’ from the lot line and 50.5’ from the ordinary high-water level. The proposed outdoor
kitchen will replace an existing 12’ by 16’ storage shed, will be further back from the ordinary high-water level than the existing
storage shed and will result in less impervious surface coverage within the shore impact zone. Those voting against the motion to
approve noted that there is adequate room to meet the required setbacks. The variances as approved do not directly or indirectly
grant any other variances for the proposed development or for any future development.
September 13, 2018Page I 1
SCALE DRAWING FORM
y^ OOP3 oo/S^O/</
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).
,'r ^ •'/ =
Scale
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ilt'
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7- /" /rSignafure of Property Owner Date
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
^ooLot Area (ft^):Date:Signature:
Other Impervious SurfaceBuildings
ProposedExistingExistingProposedFt^Ft^Ft^ Ft^
Deck(s)/f2^Dwelling
^iroPatio(s)Attached Garage
Sidewalk(s)Detached Garage
Landing(s)Storage Shed
f9V7^ /Driveway(s)WOAS
Parking Area(s)RCU
•Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
,A^¥7 ffs-o//s-oTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Lot AreaExistingTotalProposed
Ft^Ft^Ft^ Ft^Total Buildings
3 %7^, foo .330.^5'y7O 100+X-=r
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Impervious
Surface
Ratio
Lot AreaTotalTotal
Buildings + Other
Impervious Surface
Existing Proposed
Ft^Ft^Ft^ Ft^
^5%,o¥3'30 77 W,9oo3071o 100X+-r= .
Impervious Surface Calculation Worksheet 03-25-2014
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
mExisting Ft^Proposed Ft^
Building(s)
Deck(s)o
Patio(s)O
mm
Sidewalk(s)O
Landing(s)
Driveway(s)
mParking Area(s)
aRetaining Wall(s)
Landscaping
(Plastic Barrier)
m
Miscellaneous
sH^5\ -TOTAL
mTotal
Shore Impact Zone
Impervious Surface
Existing Proposed Total
Ft^Ft^ Ft^
md Maximum Allowable 260 Ft^
mm m-m
Impervious Surface Calculation SIZ 04-11-2016
Signature Date:
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.usOTTCR mil«oeart-BiaiiieTi
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Richard a. Phelps
3612 Cedar Lane NW
Bemidji, MN 56601
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 13, 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 6,
Property Address - 21399 Mailbox Loop - 56588
Section 3, Township 132, Range 39 - Township Name - Nidaros
Lake No. 56-191, Lake Name - Stuart, Class - GD
The variance requested is the following:
Replacement of existing structure 20’ from ordinary high-water level with identical structure in same location as described in Site and Lot
Application. Remove 20.5’ by 22’ existing structure with roof sloping toward lake. Replace structure with steeper pitched roof for snow
removal and change slope direction 90 degrees so as to slope away from lake. Current height of structure and roof is II’. Replace with roof
and structure total height of 18.5’. Structure is located 80’ and 100’ from lot lines.
Wayne Stein
Board of Adjustment Secretary
August 23, 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 27th, day of August, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Richard A Phelps, 3612 Cedar LN NW, Bemidji, MN 56601-4208
Stuart Lake Assoc., Donald L Henderson, 21287 Greenhead DR, Clitherall,MN 56524
Debra Biederman, Twp Clerk of Nidaros, PO box 116, 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
Jack Rosenthal, PO box 266, Ottertail, MN 56571
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 27, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
0By:
Vi Manderud
DOROTHY P BRADLEY
21389 MAILBOX LOOP
VINING, MN 56588-
GEM TST
2340 SCORPIO LN
BEMIDJI, MN 56601-6875
CORNELIA PATRIAS LARSON
1524 FREDERIC ST
EAU CLAIRE, Wl 54701-4013
CHRISTOPHER PATRIAS
515 CHESAPEAKE CT
SAINT CHARLES, MO 63303-8443
MATTHEW PATRIAS
PO BOX 906
FORT BENTON, MT 59442-906
PATRICK PATRIAS
21389 MAILBOX LOOP
VINING, MN 56588-9504
RICHARD A PHELPS
3612 CEDAR LN NW
BEMIDJI, MN 56601-4208
BRUCE POLLIN ET AL
21452 MAILBOX LOOP
VINING, MN 56588-9508
CAROLLEE D VERNON
3131 SLATON DR NW APT 31
ATLANTA, GA 30305-2021