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Home My WebLink About12000330237000_Variances_07-10-2012Variances 2 Barcode 128 1113340 Date Stamp DOC# 1113340 1113340 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA Certified, Filed, and/or Recorded: August 07, 2012 9:30 AM Wendy L. Metcalf, Recorder Returned To: LAND & RESOURCE L&R Initial By. LL 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 5^Application Fee l4lnhl‘D Pr^Ucyf-n. mn COMPLETE THIS APPLICATION IN BLACK INK Receipt Number . Accepted By / Date 0nf/n4l/ P ^ DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS LAKE NUMBER___ SECTION .33 TOWNSHIP I ^(301) 330=337000 f-e \ 7 00(1 370 7, 3 //Js LAKE CLASSLAKE NAME )37 55^TOWNSHIP NAMRANGE E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION ^5edb 33 'Tuif&l- Km<^ NE'A /30 f-ois d 03S^ (oO Ahtti ViFr i for ■ TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback ^__Structure Size Cluster WECS Misc.Sewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. , j ShecyaCiZ i'l ujy ^ 3 5tfAb(Xcic 1“^ ncn& uja. % 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. 7- f5-^izKSIGNATORE' of property owner / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING ANNED(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lunde«n Co., Printers • Fergus Falls. Minnesota 7. ^^^TimeA yDate Of Hearing jUL Motion Michael Ruther - Approved the variance application as requested. (7:07 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 10’ from the required road right-of-way setback of 40' for the placement of 48’ by 70’ shed 30’ from the road right-of- way. The new structure will be no closer to the ordinary high water level than the existing structure. Chairman/Otter Tail County Board of AdjusJtPment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) SmeAi-cuie/bA No Copy of Application Mai ed to Applicant, Go. Assessor and the MN DNR L R Official/Date bk 072011-001 iMmoY imIndiilduKil tt J«int Ttunli MUtESOTA UUFOAH aMEVPNCIW BUMS (ms» OFFICE OF COUt-ITY RECORDED —■ orrcnTAit.oouH-ni’.MH— 0 WELL CERTIFICATE nECE^’■No dtlinqutnt taxci and transfer entered) Certificate of Real Estate Value l^f^iled ( ) not required Certificate of Real Estate Value No Oif.to of Louiiiy Recorder County ot Otter Tail I ixriOy ur'jt/ JU! r> 0( 30'^-^ ■ iq ?3 *u iM In ff-«5 0*1 tf'i_____OQ tti of-JV^-AO \ti2.tt3.iOS P »U «u duly u Ooc » |i li jOjAvi^ Ir\\ '-qJ\ ^ ' Coulity Recorder* u>AJZ^Of County Auditor L y^/lBy [X(xeyDeputyfCS STATE DEED TAX DOE HEREON: $270.60 -nJ'X.'s cr-SiH .Date: FOR VALUABLE CONSIDERATIOH, Dwayne T. Neleon and Susan 0. Nelson, husband and wife. Grantors, hereby convey and warrant to Michael A. Ruther and Donna H. Ruther, Grantees, as Joint tenants, real property in Otter Tall County, Minnesota, described as iollowsi The Northeast Quarter (NEK) oi Section Thirty-three (33), Township One Hundred Thirty-seven (137), Range Thirty-eight (38) excepting the East 130 rods of the North 60 rods thereof; and that parcel of land Beginning at a point on the East and West Quarter line of Section 33, Township 137, Range 36, 1 rod West of the Southeast Corner of the Northwest Quarter of said Section 33; thence due East along said quarter line 1 rod to the Southeast corner of the Northwest Quarter of said Section 33; thence due South along the North and South Quarter line of said Section 33, 1 rod, thence in a Northwesterly direction to the place of beginning. The East Half of the Northwest Quarter (EK of HNX) of Section 33, Township 137, Range 36. The Northwest Quarter of the Southeast Quarter (NWX of SEX), Section 33, Township 137, Range 38. together with all heredltamenta and appurtenances thereto, subject to the following exceptions: Essements, restrictions and reserv,ptlons of reciyd^. Cminty Of Otter Tail c< y/l/V'yi.j ' — Sldtc of Minnesota _ Dwoyne/iT DKKDTAX . . . .... y ' luji STATE OF MINNESOTA Nelson Susan D. Nelson ) ) ss COUNTY OF OTTER TAIL ) .The foregoing Instrument was acknowledged before me this of 1993 by Dwayne T. Nelson and Susan D. Nelson, husband and wife. Grantors. . / / / / r/y. . day u Notary Public y \o-Tax stateaents for the real property described in this inatruBient should be sent to:This instruaent was drafted by Terry A. Karkela, Attorney at Lae IRVINE, RAKSTAD, BRIGGS, KARKELA t ZIEGLER P. A. P.O. Box 180 - 450 Vest Main Street Perhaa, HN 58573 (21BI 348-4995 nichael and Donna Ruther RR Perhaa, MM 5857 (TAK:ta) ■F *W August 2, 2012 Page # 2 Michael Ruther - Approved the variance application as requested. (7:07 p.m.) Michael Ruther, part of the Northeast Quarter, the east half of the Northwest Quarter and the Northwest Quarter of the Southeast Quarter, Section 33 of Corliss Township, requested a variance of 10’ from the required road right-of-way setback of 40’ for the placement of 48’ by 70’ shed 30’ from the road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Charles H. Grotte, Assistant County Engineer stating that the highway department had reviewed the request and determined that the location of the proposed shed will not negatively impact visibility or the highway department’s ability to reconstruct CSAH 8 was read for the record. After consideration and discussion, Paul Larson made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 10’ from the required road right-of-way setback of 40’ for the placement of 48’ by 70’ shed 30’ from the road right-of-way. The new structure will be no closer to the ordinary high water level than the existing structure. John E. and Sharon M. Doeden - Approved the variance application as requested. (7:08 p.m.) John E. and Sharon M. Doeden, Lot 36 Fair Oaks, West Battle Lake in Girard Township, requested the following: This is a substandard lot. We are requesting a variance for setback from high water mark to 37’ 6”. This is in line with all other homes on Ukkelberg Drive and will enable us to construct our home and garage. Also, requesting variance of 8’ from right-of-way for structures. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve the variance as requested in the variance application dated July 10, 2012 and as depicted on the drawing submitted with the application. The granting of the variance as requested will provide the applicants with the ability to enjoy the same rights and privileges as others in this immediate area. Glen and Donna Tornell - Approved the variance application as requested. (7:12 p.m.) Glen and Donna Tornell, Lot 12 Sun Rise View Beach, part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 1, Section 29 of Lida Township by Lake Lida, requested the following; Requesting a variance of 64’ to the high water level to remove 12’ by 12’ existing deck and re-build as 12’ by 12’ addition to dwelling. Roofline on existing portion of dwelling connected to proposed addition to change. Existing portion meets setback requirement. Cody Parr, Contractor represented 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, seconded by Rick Wilson and unanimously carried, to approve the proposed development as described in the variance application dated July 11, 2012 and as depicted on the drawing submitted with the application. The proposed development is no closer to the ordinary high water level than the existing structure. The variance as approved does not directly or indirectly grant any other variance for the proposed development. Peter and Karen Dzubay - Approved the variance application as requested with condition. (7:15 p.m.) Peter & Karen Dzubay, Lot 10, St. Lawrence Beach and part of Government Lot 1, Section 13 of Rush Lake Township by Rush Lake, requested the following: 1. Proposed ’Bay’ feature to current living room would extend 4’ beyond existing structure and be 48' from ordinary high water. I am requesting a variance of 27’ from ordinary high water level. 2. Proposed garage (w/finish above) would be 16’ from road right-of-way pin markers verses 20’ per ordinance standards. 35’ from edge of road- request 4’ variance. 3. Proposed egress/deck on existing second story of structure would extend 6’ from existing and be 40’ from ordinary high water level. Partially replaces 3 season porch removed in 2011. I am requesting a variance of 35’ 4. No part(s) of proposed additions extend beyond current /historical footprint of existing structure with relationship to setback from road right-of-way or ordinary high water level. SCANNED Richard West, P.E. County Engineer Phone 218-998-8470 Fax 218-998-8488 OTTER TAIL COUNTY HIGHWA Y DEPAR TMENT 505 S. Court Street, Suite 1, Fergus Falls, MN 56537 July 25,2012 Mr. Wayne Stein Board of Adjustments Secretary 510 Fir Avenue W Fergus Falls, MN 56537 RE: Right of Way Setback - Variance for Shed CSAH No. 8 47962 Co. Hwy 8 Dear Wayne: We have reviewed this request and determined that the location of the shed as proposed will not negatively impact visibility or our ability to reconstruct CSAH 8 at some future date. Therefore, we do not oppose the granting of this variance. The property owner should be advised that no other structures shall be placed in the 40’ setback area. If you have any questions or require additional information on this matter, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department Charles H. Grotte, P.E. Assistant County Engineer CHG/mk cc: Richard West, County Engineer Land & Resource Management Office Michael Ruther File AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER i.L-L I i ' }1 :”i1!P'7"pTf'..:>!\i • T7 ...H-rH-i : —,■ H“ii..„ », • -■Jr T TV; Q j».luiins' i If+’‘h ....I-' I U!;-i& Ilt.='T+r^ I -'r-t r- ■TT :W■r ..i■; -•ir ■p1 J • |V 4iTJIi .^-,:-T^\ • .— 1T1^.I 4-.■r *tI '•• ^L:. VTiAiW-j.j.tI•r-f.Xim ■ t (■•.I'' ■* -‘•p • f.K r =*'H A i ■ ••;4.t.■‘<■.u;1 : -f- -. -r TrI..L X-V: aX^-1 i- L,,: ‘ C7"r:r;'r '^t-.r •-*-T :4. tr^T . rI £i-i-i-~t—■':.j...T I IiJri-.i-.L rrf.■i 5 -L:I /'■'1 .lI.1-.•!';4-1 ...--n_.£;X. ^1”■ ■. -'T !r •<N ir1TL LJ,_, -i-i-L- ■ ■jrV ;-4 r J . ■_-l.t- *Fi_iJl ..i..;•r V■ I L'ifc4,,-.4. ^ ■C'.-r 7}•V 1i _L I-Jii.i -rt-T -UU •,[ ::rAi.?-r.-rT* SSL: /•rI:r - -t.1tilrctd ■;rLL-r t~rt7T iTTra-_ d. ilJZ J.'.4'.i:'-n./V-. ;c- 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: Michael Ruther 47962 County Highway 8 Perham, MN 56573 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, August 2, 2012 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 the Northeast Quarter, the East Half of the Northwest Quarter and the Northwest quarter of the Southeast Quarter, Property Address - 47962 County Highway 8 Section 33, Township 137, Range 38 - Township Name - Corliss Lake No. - Not Applicable, Lake Name - Not Applicable, Class - Not Applicable The variance requested is - a variance of 10’ from the required road right-of-way setback of 40’ for the placement of 48’ by 70’ shed 30’ from the road right-of-way. 'H^ayne Stein Board of Adjustment Secretary Date: July 13, 2012 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 June, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Michael Ruther- 47962 County Highway 8, Perham, MN 56573 Corliss Township Clerk, Treva Mayfield - 45656 500‘^ St., Perham, MN 56573 Lake Association • NA 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 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576 Rick Wilson, 609 W Lakeside Dr., Fergus Falls, MN 56537 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment Dated: July 12, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ROBIN & JASON ECKER 46589 NITCHE LAKE RD PERHAMMN 56573 8880 PAUL J & JOHN J JR FISCHER 6330 COUNTY RD 155 WACONIAMN 55387 9655 RALPH A DULSKI 48436 COUNTY HIGHWAY 8 PERHAMMN 56573 8321 TERRY & KATHLEEN KROMINGA THEODORE KUNZA 46106 NITCHE LAKE RD PERHAMMN 56573 8310 KPK INC PO BOX 91 LE SUEUR MN 56058 91 PO BOX 206 PERHAMMN 56573 0206 JOHN W & MARY LYNN RUTHER 48250 COUNTY HIGHWAY 8 PERHAMMN 56573 8321 AARON M & TIFFANY M RUTHER 47962 COUNTY HIGHWAY 8 PERHAMMN 56573 8321 MAUREEN J RICHTER 47352 COUNTY HIGHWAY 8 PERHAMMN 56573 8323 MARVIN W & MARY R SWYTER 45882 COUNTY HIGHWAY 8 PERHAMMN 56573 8722 MICHAEL A & DONNA M RUTHER 47962 COUNTY HIGHWAY 8 PERHAMMN 56573 8321 i