The URL can be used to link to this page

Home My WebLink About41000030019004_Variances_09-01-2011Variances Barcode 128 S -l‘• 103/003 DOC# 1097003 1097003 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd September 07, 2011 9:30 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA ■» Returned To: LAND & RESOURCE By: NDB THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED AUG 0 3 2011 land & RESOURCE 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 Application Fee Accepted By / Date I fj- \ ^)y(yy(y rcf daytime phone ^51 ~ H02-~ /(o^^ lO€r^fiAJnrhK A ^je^ jdhoL I , COMPLETE THIS APPLICATION IN BLACK INK Receipt Number PROPERTY OWNER MAILING ADDRESS e.DLAKE NUMBER LAKE NAME LAKE CLASS i),¥aro<^3SECTION TOWNSHIP RANGE TOWNSHIP NAME 'i10000300 / ^ 003 V/ 0000^c>0/^00'¥-Hb'T5^Gfetz)hmJ)h-/.PARCEL NUMBER E-911 ADDRESS ^/OOD 0300 /900 <r~ LEGAL DESCRIPTION'j~} rT/O —O 3 ^ cO / 3 O 3*^ pr (3L s com se Cod. lot I e>LK i pe/^^oiv3 G/^LJ^z^iv (\j oee Ei nJS9 DEC E /OO' fV 30 TYPE OF VARIANCE REQUESTED (Please Check) Structure Selback^^ Structure Size___Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^0' i/anayi(2 ba&emenE e^pa.ns/o/o r poEsth/o /al^eside. Jecki expdnsfoo u V Sef b cicb) \s I OoO I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGK/IENT REGARDING THK MATTER. g’-/-y/o iIGNATURE OF PROPERTY fflWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) <f ‘ •' '! TimeDate Of Hearing ^7r’( Motion Linda and Jerry Nygaard - Approve the application as requested. (6:50 p.m.) After consideration and discussion, Thomas Lee made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 40’ from the required ordinary high water level setback of 100’ for the proposed cabin expansion with basement 60’ from the ordinary high water level and a variance of 50’ from the required ordinary high water level setback of 100’ for the proposed lakeside deck expansion 50’ from the ordinary high water level. Chairman/Otter Tail Courrty Board of Adjustma Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR. L R Official/Date bk 0407-001 329,512 - Victor Lundeen Company. Fergus Falls. Minnesota ; I September 1,2011 Page # 2 Philip and Crystal Patterson - Approved the application as requested. (6:45 p.m.) Philip and Crystal Patterson, part of Lots 18 and 19 Gloria’s Oak Manor Beach, Rush Lake in Rush Lake Township, requested the following: We request permission to place a septic system drain field inside the 10' side yard setback area in the northeast corner of Lot 19, adjacent to Lot 18 (1 foot off the property line). The existence of an undisclosed drain field in the northwest corner of Lot 19 precludes placement in that area. A shallow well on Lot 18 precludes placement on the lake side of the proposed structure. The northeast corner is the remaining feasible location. Lot 18 is fully developed with a drain field and outhouse adjacent to its western border and thus, it development will not be impaired. The owner of Lot 18 consents to the placement. Granting variance will allow development consistent with neighborhood. Les Toppair, the applicant’s father appeared with the applicant (Crystal Patterson) at the public hearing. The audience was polled with no one speaking for or against the variance as requested. Letters from Don Bowers, Jr., P.M. Ryle and Susan Workman in support of the variance as requested were read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve the placement of a septic system drain field inside the 10’ side yard setback area as depicted on the drawing submitted with the variance application. It was noted that this is the best location for the proposed septic system and the owner of the adjacent property has not objected to the proposed location. Linda and Jerry Nygaard - Approve the application as requested. (6:50 p.m.) Linda and Jerry Nygaard, part of Government Lot 8, Section 3 of Nidaros Township by Stuart Lake, requested a variance of 40’ from the required ordinary high water level setback of 100’ for cabin expansion with basement 60’ from the ordinary high water level and a variance of 50’ from the required ordinary high water level setback of 100’ for lakeside deck expansion 50’ from the ordinary high water level. Gene Payne, Contractor appeared with the applicants at the public hearing. 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 Michael Harris and unanimously carried, to approve a variance of 40' from the required ordinary high water level setback of 100’ for the proposed cabin expansion with basement 60’ from the ordinary high water level and a variance of 50’ from the required ordinary high water level setback of 100' for the proposed lakeside deck expansion 50’ from the ordinary high water level. Paul and Patricia Krusee - Approve the application as requested. (6:58 p.m.) Paul and Patricia Krusee Tst, Lots 6 and 7 Clearmont Beach, Otter Tail Lake in Everts Township, requested the following: Variance is requested to enlarge the current bathroom to make it handicapped accessible. The L-shaped building containing the bathroom is grandfathered at 7’ from Clearmont Road rather than the currently required 20’. The bathroom portion of the building is 16’ from the road. Its outside dimensions are 6’ by 9’. Enlargement will increase it to 12’ by 14’. However, it will not bring the overall building any closer to the road; at its closest point it will be 13’ away. The audience was polled with no one speaking for or against the variance as requested. An email from Ray and Peg DeBoever in support of the variance as requested was read for the record. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schiererand unanimously carried, to approve the variance as requested in the application dated August 8“^, 2011 and as depicted on the drawings submitted with the application. The variance as approved will allow the applicants to enjoy the same rights and privileges as others in this immediate area. The development as proposed will not impact the lake or the adjacent properties. The proposed development will be no closer to the road than the existing structure. Martin and Sandra Friedrich - Approved the septic tank request and denied all other requests. (7:02 p.m.) Martin C and Sandra K Friedrich, Lot 11 Block 2 and Lot 5 Block 3, Leaf Lake Pleasure Grounds, requested the following: We are asking for a 10’ variance from side property lines and a 6’ variance into dedicated private driveway to replace a 1000 gallon sealed septic tank with two 2000 gallon sealed septic tanks. These are to be relocated next to the property line where neighbor’s septic tank is already in private driveway. This would allow for driveway placement to basement garage. In addition, with north/south distance from lot line remaining the same, we would replace 32’by 32’ single level dwelling with basement, a 6’ by 8’ entry, and a 10’ by 12’ deck with a multi-level dwelling not to exceed 35’ in height and length and width of 32’ by 42’. The basement would be a garage with access from private driveway. All patios, sidewalks and dwelling located in the right-of-way to remain same size - being approximately 20’ within the right-of-way. Additional note - Part of the private driveway needs to be relocated because a house/garage and septic system have been constructed on top of the driveway. This private drive is for all property owners’ use only. Current survey and county recorder have verified this driveway has never been vacated. Also, requesting a variance to exceed the maximum impervious surface coverage. The audience was polled with Donn Hoffman and Norman Umland expressing concerns with the variances as requested. A letter from Mary Seymour in opposition to the variance as requested was read for the record. ! I t I SCALE DRAWING FORM I^IICEIVFD ~ Lo\ L O \ ~ L"Ot ' i'‘ '3 -irwf ^/ODODMO 19003- ^fOOOO OOnnrK(Y)f<^ry^ Tax Parcel Nutnber(s)LAND ^4 KLSuuNCE The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfieids, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations. 9'%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) ■TD cs::'Dt ^ ^ ns' ^ir-7 O’ o ^ .....u.;.j...;.:.o... -V •j:. iV i- 6 Q Ci- -o (-5 (p .... Qt>: o oc fSo I.o J- if±t00 •\3 i/1I V a rtji :loU\'X''r 11^0 I-d'f:.D CYf %■ ^ :4'»: {-r •f..\-r 1 iI■T-'ir ; u fi- -(5-f fl '-Wa:,3?tiaIP-criQCA;kp':L\f]JGcl-i Tcfru;Dt/ <»*; Is‘[S]Ce.rrxe'^V siafeHA'4' l«‘...I ,.i...r ll nQc^ - l\ R .u;t■ -b .4. tf-c;B8P j.lEJ + TV [■ f Wvl/ tkr'x r M?I fSi €)■I t€[ yff•n 2-II.!•rsoCx%P t-cfl.----------- ...4ir 0«fl f?s; . •c?f(imiTiiLit:^ssxEiy^ ^ 4■r :....).f - ^■df..1..3??5 4<2 .,[ ,;p.I r F: % 4...[■^5_^,.........Hp;'!?...L. .Q.8i QP8-f>..I ■Hnzl "'(5 <vsat:'K .. ' ! ■ IP<g 4- »4-4-444--SignatynB of Pnopa t- Date I UlodtwtCo. Mnurs > Bw8ullalM.>«<t t 148aOS4&48)0BK — 0909 ^S96 • Vk»L..-..L ri IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): IQO Ft2Structure(s): 57)0 FPDeck(s): ho Ft2Driveway(s): io Ft2Patio(s): I/O Ft2Sidewalk(s): /‘oh O'— Ft2Stairway(s); Ft2Retaining Wall(s); 7V/.5 Ft2Landscaping: (Plastic Barrier) Other:Ft2 Ft2TOTAL IMPERVIOUS SURFACE: Ft2LOT AREA: X100 =.% IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA ! I ■ I! ■■i S I C I \ 1022341 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed () not required. Certificate of Real Estate Value No. OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thqt this instrument # ^3- was fiied/recorded in this office h day qf \,01 don thefor(Yen) recording fee^ ^weii certificate 7aW:Wayne Stein, County Auditor byiLt!--------------------qiooo-03‘00/‘?-oo3 HhooooZ-00i9-oo^ Hl'OoO'Ol •Ooi^-ooS' rpm 'oer Deputyby: Deputy QUIT CLAIM DEED Individuals to Joint Tenants DEED TAX DUE: $1.65 THE TOTAL CONSIDERATION FOR THIS TRANSFER OF PROPERTY IS $500 OR LESS./t /WCOUNTY OF OTTER TAIL STATE OF MINNESOTA OEED TAX $ jTii 5 )ATF Date: June . 2007 FOR VALUABLE CONSIDERATION, Linda Margaret Nygaard and Jerry Nygaard, wife and husband, Grantors, hereby convey and quitclaim to Linda Margaret Nygaard and Jerry Nygaard, wife and husband, Grantees, as joint tenants, real property in Otter Tail County, Minnesota, described as follows:t-'S'-Jdil “Lot A" - That part of Government Lot Eight (8), Section Three (3), Township One Hundred Thirty-two (132), Range Thirty-nine (39), Otter Tail County, State of Minnesota, described as follows: Commencing at the Southeast comer of Lot One (1), Block One (1), of the Subdivision of “Pearson’s - Galazen Lake Property” as of public record in the office of the County Recorder, Otter Tail County, Minnesota; thence North 22 degrees 31 minutes 40 seconds East on the easterly line of said Lot 1 for a distance of 668.82 feet; thence North 59 degrees 44 minutes East 100 feet; thence North 30 degrees 16 minutes West 212.57 feet; thence North 59 degrees 44 minutes East 75 feet to point of beginning of tract to be described; thence North 59 degrees 44 minutes East 100 feet; thence North 30 degrees 17 minutes 25 seconds West 152 feet more or less to the shoreline of Stuart Lake; thence southwesterly to the intersection with a line projec^d at North 30 degrees 16 minutes West from point of beginning; thence South 30 degrees 16 minutes East 153 feet more or less to point of beginning; and “Lot B" - That part of Government Lot Eight (8), Section Three (3), Tcwnship One Hundred Thirty-two (132), Range Thirty-nine (39), Otter Tail County, State of Minnesota, described as follows: Commencing at the Southeast comer of Lot One (1), Block One (1), of the Subdivision of “Pearson’s - Galazen Lake Property" as of public record in the office of the County Recorder, Otter Tail County, Minnesota; thence North 22 degrees 31 minutes 40 seconds East on the easterly line of said Lot 1 for a distance of 668.82 feet; thence North 59 degrees 44 minutes East 100 feet; thence North 30 degrees 16 minutes West 212.57 feet; thence North 59 degrees 44 minutes East 175 feet to a point of beginning of tract to be described; thence North 59 degrees 44 minutes East 125 feet; thence North 40 degrees 33 minutes 03 seconds West 153 feet more or less to the shoreline of Stuart Lake; thence southv^sterty on said shoreline to the intersection with a line projected at North 30 degrees 17 minutes 25 seconds West from point of beginning; thence South 30 degrees 17 minutes 25 seconds East 152 feet more or less to point of beginning; and “Lot C” - That part of Government Lot Eight (8), Section Three (3), Township One Hundred Thirty-two (132), Range Thirty-nine (39), Otter Tail County, State of Minnesota, described as follows: Commencing at the Southeast comer of Lot One (1), Block One (1), of the Subdivision of “Pearson’s - Galazen Lake Property* as of public record in the office of the County Recorder, Otter Tail County, Minnesota; thence North 22 degrees 31 minutes 40 seconds East on the easterly line of said Lot 1 for a distance of 568.82 feet; thence North 59 degrees 44 minutes East 100 feet; thence North 30 degrees 16 minutes West 212.57 feet; thence North 59 degrees 44 minutes East 300 feet to point of beginning of tract to be described; thence North 59 degrees 44 minutes East 183.81 feet; thence North 66 degrees 56 minutes West 189 feet more or less to the shoreline of Stuart Lake; thence southwesterly on said shoreline to the intersection with a line projected at North 40 degrees 33 minutes 03 seconds West from point of beginning; thence South 40 degrees 33 minutes 03 seconds East 153 feet more or less to point of beginning; T A AT together with all hereditaments and appurtenances. Linda Margaret Nygaard) . f (Jerry Nygaard) STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) This instrument was acknowledged before me on June 'Ul'. 2007, by Linda Margaret Nygaard and Jerry Nygaard, wife and husband. Grantors. iJ 4 Notary Public ^ CHRISTINA LYNN BACHMAN Nota^ Public - Minnesota Commission No. 3101W80i Tax Statements for the real property desaibed in this instrument should be sent to: same THIS INSTRUMENT WAS DRAFTED BY; ROBERT L. RUSSELL Attorney at Law 220 W, Washington Ave., Suite 103 P.O. Box 117 Fergus Falls, MN 56538-0117 Telephone No. 218/998-6400 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Linda and Jerry Nygaard 1697 Wentworth Ave S. St. Paul, MN 55075 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, September 1, 2011 at 6:30 p.m.j 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 8, Property Address - 43735 Greenhead TrI. Section 3, Township 132, Range 39 - Township Name - Nidaros Lake No. 56-191, Lake Name - Stuart, Class - RD The variance requested is - a variance of 40’ from the required ordinary high water level setback of 100’ for cabin expansion with basement 60’ from the ordinary high water level and a variance of 50’ from the required ordinary high water level setback of 100’ for lakeside deck expansion 50’ from the ordinary high water level. Stein Board of Adjustment Secretary Date; August 11, 2011 ¥ 0 ' 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 15th, day of August, 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Jerry and Linda M Nygaard, 1697 Wentworth Ave, S St. Paul, MN 55075 1669 Debra Biederman, Twp Clerk of Nidaros, 40578 Cliff Road, Clitherall, MN 56524 Stuart Lake Assoc., % Donald L Henderson, 21287 Greenhead Dr, 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 Terry Lejcher, DNR 1509 1®* Ave N. Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 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, 35387 Northern Lights TrI, Richville, MN 56576-9672 Ken Erickson, 51350 County Highway 31, Detroit Lakes, MN 56501 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 15, 2011 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud Jk LEO W& SHARRI L BENKUFSKY 9150 WEDGEWOOD LN N MAPLE GROVE MN 55369 6740 RICHARD K & JUNE M BJORGUM 230 FLORAL AVE MANKATO MN 56001 4007 SCOTT L & KATHLEEN M AILTS 14490 MORNING MOUNTAIN WAY ALPHARETTA GA 30004 4521 HOWARD & CAROL CHRISTOPHERSON 1555 118TH LN NW APT 102 MINNEAPOLIS MN 55448 7502 MARILYN GALAZEN 7902 111TH ST W BLOOMINGTON MN 55438 2810 NANCY A HAKANSON & B HAUBRICH 20932 KING RAIL DR HINCKLEY MN 55037 3756 DONALD & BETTY HENDERSON TSTS 21287 GREENHEAD DR CLITHERALLMN 56524 9656 JASON H & KIM T HINES 14480 GROUSE LN ROGERS MN 55374 8636 EDWARD & BARBARA J HAUBRICH 6752 POLARIS LN N MAPLE GROVE MN 55369 3211 BRUCE & SUE LOTHSON 21275 GREENHEAD DR CLITHERALLMN 56524 9656 BRUCE F & SUSAN L HOLT 1674 123RD AVE NW COON RAPIDS MN 55448 1997 ERIK HINKIE & ERICA GARDNER 5547 MALIBU DR EDINA MN 55436 1035 ROBERT & ANITA MEISENHEIMER 21244 GREENHEAD DR CLITHERALLMN 56524 9656 BRIAN C & JESSICA L MAXWELL 2906 OLD HIGHWAY 8 ROSEVILLE MN 55113 1033 CLAYTON M MAGNUSON 21115 GREENHEAD DR CLITHERALLMN 56524 9656 !-• TODD H & ELIZABETH UKKELBERG 21147 BABY STUART DR CLITHERALLMN 56524 9655 CHARLES J & CAROL A REISS 307 GARFIELD ST N TAUNTON MN 56291 9748 JERRY & LINDA M NYGAARD 1697 WENTWORTH AVE SOUTH SAINT PAUL MN 55075 1669 SHELLEY FAUS WALDHAUSER 1568 SHERWOOD WAY EAGAN MN 55122 2777