HomeMy WebLinkAbout46000070044005_Variances_10-06-2011Variances
2
Barcode 128
10 b 20111098640r
Date Stamp DOC# 1098640 lilt III iiili1098640
Fee: $46.00
Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd
October 14, 2011 9:45 AM
Wendy L. Metcalf, Recorder
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
RECEIVED
SEP t 7 2011
land s resource
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
4f
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
DAYTIME PHONE 7^/ 74^
2~/0 ^T. /\Jt
LAKE NUMBER ' 2-HLAKE NAME T Ti»/g /Z.
^ TOWNSHIP RANGE TOWNSHIP NAME
PC CO 7 o 00 5
PROPERTY OWNER
A> 6 ^/0^ 7' 7oon TftMAILING ADDRESS
___LAKE CLASS
SECTION
E-911
ADDRESS
PARCEL
NUMBER /f-TT'ACH^O i-PCjfJOje
__________________________/P7A/^
^ (^tuypM4j
ftoCWo
^hs dotsA/J> 5g^)V7
LEGAL DESCRIPTION Fr 4»z y
P7
^ /f T7/ff£ O
TYPE OF VARIANCE REQUESTED (Please Check)
Cluster WECS Misc.Sewage System SubdivisionStructure Setback Structure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
To5 TA /cc!^^ r y
VJ&TC.AA/0 FAp o
UJtrLy9-fdO SaAC ,
Pd pc ^ y aAt-tMjaslF To Oo
A ^ /?
i^ftTVcTcvT^V cOXUL Xw\P(NCT oJcTc-wl^
/ 7 £
S/AZ^ay
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.
SIGNATURE OF PJ^OPfeRTV bWNtfTTACaENT FOp^OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345.194 • Vidor Lundeen Co . Printers • Fergus Falls. Minnesota
TimeDate Of Hearing
Motion
Judith Stoutland - Application approved as requested. (7:02 p.m.)
After consideration and discussion, Thomas Lee made a motion, seconded by Steve Schierer and unanimously carried, to
approve the variance as described in the variance application dated September 9, 2011.
rman/Otter Tail County Board of^^jCjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
thud) kJiMjuijX No HU)-t
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
I CALE: IL EGEND \.n.cK = 200 f tel
Corrm mor>t*d by 0 y"
ogp rnorM^ “ft.L.S.
R»covifid fiiitlng iron^nonumint
Iron w
\ JtrCTR/C C'OWVCRSfONS
O.JO40 V^aoa fi«f
o 1 focf •
i m«t«r I
I ocf* • 0 4O605C hoc^orn
I hcetgrv • 2.471054 acr««A St»9l f*no« fiOit
R«c.Ricotd or originot p ot diitortcm
M«a Survey mioiurid <3 ifoncti
A(l boortngi art boitd on on onumtd mtnoianNot»
Ncrtheost Corner of Government Lot 4,
N( rthwest Corner of Government Lot 3 A ction 7, TI34N, R39W
c tt Corntr Rtcord OocumtnV Numbtr
Northwest Corner of Governmenf
Section 7, TI34N, R39W -N-S89°4r49"E 1297.74 ft.
North line of Government Lot 4
rt
o Property Owners Certificate ..r;c I hereby certify Chat the subdivided property described in this
survey meets the County requirements for public road access and
sewage treatment systems.
c
41
5
O to
1;4>
r><D
'50ft t(O
,h5Qu'^
41 ■>
5
to0)
\■r^•A t I... .4\\JVL i (O
■5:::
V 0)
=: s _ o O o
oH>^
t Blud Heron Rd in<L>5TfolOU):: :ixJ: :o;;:::: -;:: :z: :0;:::: :
f
40 .<T\
OJ* ^CD
10
•■■ ■• ■•••(V;...................It Ii /s /:i R a: o5 <T <U
zf CL<
Ijjr 8^; ;o;
:;2:<
iO
rO 0
O
rO cnOov>::
tO ■ •cv • •
2T 150ft.t
:27Grff*;”t1311.6 ft.r4 SMCw
S88°46'42"w " 579®4832
152.57 ft-
6\0.09"
rv0 05' 3-"VfS.63
N88° 2 !'30"W 436.08ft.276.72ft
0 — <5-SMC
I k'isivr -
MCRcrr cERTirr that This survey, plan or repcrt was
PARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT
LY REOISTERtD LAND SURVEYOR UNDER THE LAWS
p. n <? 9 T Q
i
\ VEVOR
V 10941 >
•ATC cr
Sur^«^4k1 7^T^A'^iVESO't-109A1
KEtt NODATE
V'lfiiiity M.np
Cortlflcate of Survey of
THI- STOUT LAND I’AF{CI-LS
A part of Government Lots 3 & 4, Section 7, Township 134 North, Range 39 West
of the Fifth Principal Meridian, Otter Tail Township, Otter Tail Co.,Minn.
i^^ECEIVf-f:Sheet 1 of 2
Survay No; 2005066• / .ai[\
LAND & RESUURCE
♦ k.997333No delinquent taxes and transfer entered; Certificate of
) not required.) filed ( ^OFFICE OF COUNTY RECORDER
OTTER tAlL MINNESOTA
997333
Real Estate Value (
Certificate of Real Estate Value No.
I hereby certify that
this instrument #—^ «5tcyN Co
(Year)was filed/recorded in this office
for record on the day of ^ 2006 atlL2£Lam/^^
Wendy.L. Me^calf, County Ae^iorder
hy:'M2~L^6k, ^recordin^^i^
__________^well cermieafe
Wayne Stein, County Auditor
&
by Deputy
WARRANTY DEED
iiidividua! to Individual
COJiliTY Of= OVTEn TA51.
STATE OF MINNESOTA
DEED TAX $
N U M S E R
DATE
STATE DEED -I'AX
DUE HEREON: $1.65
Dated: ^ -2 ^2006i'
FOR VALUABLE CONSIDERATION, JUDITH A. STOUTLAND, a single person,
Grantor, hereby conveys and warrants to JUDITH A! STOUTLAND AS TRUSTEE OF THE
JUDI TH A. STOUTLAND REVOCABLE TRUST DATED JUNE 27, 1996, Grantee, real
property in Otter Tail County, Minnesoia, described as follows;i.
PARCEL ONE:
All that part of Government Lot Four (4), Section Seven (7), Township One
Hundred Thirty-four (134) North, Range Thirty-nine (39), West of the Fifth
Principal Meridian, Otter Tail Township, Otter Tail County, Minnesoia, that lies
South of the right of way of Otter Tail County Highway No, 1, except the West
1,035.00 feet thereof, and containing 4.77 acres, more or less;
,A.Iso ucsciTued as i'uDuvv^j: All that part of Govenimeni Lot Four (4), Section
Seven (7), Township One Hundred Thirty-four (134) North, Range Thirty-nine
(39) West of the Fifth Principal Meridian, Otter Tail Township, Otter Tail
County, Minnesota, described as follows: Commencing at an existing iron
monument marking the Northeast corner of said Government Lot Four (4); thence
on an assumed bearing ol' South 00° 1 TOO" East on and along the East line of said
Government Lot Four (4) a distance of 364.56 feet to an existing iron monument
on the South right-of-way line of County Road No. 1; thence South 74°55'54"
West on and along said right-of-way line a distance of 277.46 feet to an existing
iron monument and to the point of beginning; thence North 74°55'54" East on and
along said right-of-way line a distance of 277.46 feel; thence South 00°H’00"
East on and along the said East line oT Government Lot Four (4) a distance of
754.16 feet to an existing iron monument marking said East line of Government
r '
Lot Four (4); thence continuing South 00° 11'00" East to the shore line of Otter
Tail Lake; thence in a westerly direction along said shore line to a point that bears
South 00°31'36" West from the point of beginning; thence North 00°3T36" East
to and existing iron monument on the bank of said shore line of Otter Tail Lake;
thence continuing North 00°31'36" East a distance of 687.96 feet to the point of
beginning.
The above-described parcel contains 4,77 acres more or less, and is subject to the
public flowage rights of Otter Tail Lake.
PARCEL TWO:
The West 150.00 feel of Government Lot Three. (3) of Section Seven (7),
Township One Hundred Thirty-four (134) North, Range Thirty-nine (39), West,
lying South of right-of-way tine of Otter Tail County Highway No. 1;
Also described as follows: All that part of Government Lot Three (3), Section
Seven (7), Township One Hundred Thirty-four (134) North, Range 'fhirty-nine
(39) West of the Fifth Principal Meridian, Otter Tail Township, Otter Tail
County, Minnesota, described as follows: Commencing at ah existing iron
monument marking the Northwest comer of said Government Lot Three (3);
thence on an assumed bearing of South 00° 1 TOO" East on and along the West line
of said Government Lot Three (3) a distance of 364.56 feet to an existing iron
monument on the South right-of-way line of Count)’ Road No. 1 and to the point
of beginning; thence North 75°58'29" Easfon and along said right-of-way line a
distance of 134.50 feet to an existing iron monument; thence South 00° 1 I'll"
East, along the West boundary line of the dedicated public road and Lot Five (5)
of Indian Camp, a distance of 764.64 feet to an existing iron monument on the
bank of Otter Tail Lake; thence continuing South 00° 11'l 1" East to the shore line
of said Otter Tail Lake; thence in a westerly direction along said shore line to its
intersection with the said West line of Government Lot Three (3); thence North
00° 1 TOO" West on and along said West line to an existing iron monument on said
bank of said lake; thence continuing North 00° 1 TOO" West on and along said
West line of GoveiTimeiii I..0I Tliree (3) a distance of 754.16 iect to the point of
beginning.4U-o Qy 0 V 4 4 - w 5S Cj- 00® 43 ''^l
3 more or less, and is subject to theThe above-described parcel contains 2.73 acres
public flowage rights of Otter Tail Lake;
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions: easements, restrictions, reservations and covenants of record.
------4?.
LJudith A. :Stoutland
-2-
STATE OF MINNESOTA )
) ss.
COUNTY OF RICE
The foregoing instrument was acknowledged before me this day of
2006, by JUDITH A. STOUTLAND, a single person. Grantor
)
Notary Public mTOY-D
Mii -V; .
i. ..
Imm• 1 '-'./a-jjTHE TOTAL CONSIDERATION FOR THIS TRANS'
IS $500.00 OR-LESS.
' !• •• V .
___TON'DA M. GRUNDI
W’.v ’f -■.ibiict-Minnesota |
' .’on 31,20101
VAWWi
THIS IS A CORRECTIVE DEED.
VvWWVi.
. f ! tf M »
Ta.x statements for the real
property described in this
instrument should be sent to:
TO'*’-'fv5, GRIJND >
■■'i.iUilc-Minnesota |
Jan3T,2010$
50~7"(j7‘f4!r'3 0/T.j-Ms. Judith A. Stoutland
210 Manitou Street
Northfield, MN 55057-1570 • h
This instrument was drafted by:
PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P.
110 North Mill Street, P.O. Bo.x 866
Fergus Fails, ivlinnesota 5653S-0866
Telephone: 218-736-5493
PSR&K Substitute Form 1099-S Not Needed
RWBxh
2005-7180
Deed 1
-3 -
■i
October 6, 2011
Page # 2
Mark Robert Deutschman -Application approved as requested. (6:50 p.m.)
Mark Robert Deutschman, part of Government Lot 1, Section 28 of Tumuli Township by Ten Mile Lake, requested the
following: Construction will occur on the lakeside of the building line in order to tie in the roof line of an addition to the
existing structure. A hip roof will also be.converted to a gable roof on part of the existing structure. The construction
will start approximately 52’ from the ordinary high water level. The audience was polled with no one speaking for or
against the variance as requested. At the public hearing, the applicant presented,additional Information concerning
the location of an existing drain field and its relationship to the proposed development. There was significant
discussion regarding this issue; however, since it was not a part of the public notice for this hearing no action was
taken. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and
unanimously carried, to approve a variance of 48’ from the required ordinary high water level setback of 100’ for the
development as described in the variance application and other supporting documentation dated August 28, 2011.
The variance as approved does not directly or indirectly grant any other variances for the proposed development.
udith Stoutland - Application approved as requested. (7:02 p.m.)
Judith Stoutland, part of Government Lots 4 and 5, Section 7 of Otter Tail Township by Otter Tail Lake, requested the
following: To purchase wetland credits from the state/county wetland bank. Unable to do onsite wetland replacement
as required by the shoreland management ordinance. Roger Haberman, potential buyer, represented the applicant at
the public hearing. The audience was polled with no one speaking for or against the variance as requested. Kyle
Westergard, Inspector, explained to the Board why this type of variance is necessary. A letter addressing the wetland ■-
issues is a part of the applicant’s file,-which is maintained by the Land and Resource Department. The Land and
Resource Department is in agreement with the applicant’s proposal. After consideration and discussion, Thomas Lee
made a motion, seconded by Steve Schierer and unanimously carried, to approve the variance as described in the
variance application dated September 9, 2011.
Arral J. Helgerson - Application;approved as requested. (7:05 p.m.)
Arral J. Helgerson, part of Lot 18 and Lot 19 Hoffman’s Beach, West McDonald Lake in Dora,Township, requested a
variance of 39’ from the required ordinary high water level of 100’ for the placement of a screen house on an existing
deck located 6T from the ordinary high water level. Screen a 12’ by 16’ area next to home (3 sides and roof). Roof
will be removable. Two doors - one on each side. The overall deck size in 750 square feet and the proposed screen
house size is 192 square feet. 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 Steve Schierer and
unanimously carried, to approve a variance of 39’ from the required ordinary high water level setback of 100’ for the
placement,-as described in the variance application dated August 29, 2011, of a screen house on an existing deck
being 6T from the ordinary high water level. The proposed development is replacement, maintenance and repair of
the applicant’s property.
Break - 7:15 p.m until 7:30 p.m.
Duane and Denise Mischel - Denied the application as submitted. (7:30 p.m.)
Duane and Denise Mischel, Government Lot 5, part of Government Lot 6, Government Lot 7 and part of Government
Lot 8, Section 17 of Edna Township by Big McDonald Lake, requested the following: Ordinary high water level
setback and road right-of-way setback does not meet requirements for proposed Lot 1 Block 2 of the preliminary plat
of Mischel Subdivision as approved by the County Board on August 16, 2011. We are requesting this lot be declared
buildable. Request a variance of 3’ 6” from.the required road right-of-way setback of 20’ and a variance of 67’ 9” from
the required ordinary high water level setback of 100’ for the placement of a structure 16’ 6” from the road right-of-way
and 32’ 3” from the ordinary high water level. At the public hearing, it was noted that the setback from the ordinary
high water level would be 37’ 6” instead of 32’ 3” as stated in the application dated August 23, 2011. The audience
was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul
Larson made a motion to declare Lot 1 Block 2 as a buildable lot and to allow the placement of a structure no.closer to
the ordinary high water level than the existing building line with the condition that Lot 1 Block 2 and Lot 2 Block 1 must
be permanently attached and with the condition that the area with Lot 2 Block 1 cannot be’used when determining
impervious surface coverage for Lot 1 Block 2.
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218) 998^8030/998-8041
Email - wstein@co.ottertail.mn.us
wvwy.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
' To Whom It May Concern:
Roger Haberman
4115 124"^ AveS
Horace, ND 58047
Judith Stoutaind
210 Manitou Street
Northfield, MN 55057-1570
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/br the Subdivision Controls
Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thuirsdayi October 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 speciai accommodations shouid contact the County Auditor’s office prior to the date of the
public hearing.
The property concerned in the application's legally described as
part of Government Lots 4 and 5,
Property Address - NA
Section 7, Township 134, Range 39 - Township Name - Otter Taii
Lake No. 56-242, Lake Name - Otter Tail, Class - GD
The variance requested is -
the following: To purchase wetland credits from the state/county wetland bank. Unable to do onsite wetland replacement
as required by the shoreland managemenfordinance.
Date: September 15, 2011 M^ayne Stein
Board of Adjustment Secretary
:
fl
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 19th, day of September, 2011 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Judith A Stoutland Tst, 210 Manitou St, Northfield, MN 55057 1570
Dennis Martin, Deputy Clerk of Ottertaii, 45221 Lamplight LN, Ottertail,MN 56571
Donald Dreyer, Twp Clerk of Ottertail, 33770 Lamplight LN, Ottertail, MN 56571
Roger Haberman, 4115124**' Ave S; Horace, ND 58047
Otter Tail Lake Assoc., OTLPOA, PO Box 21, Battle Lake, MN 56515
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515
Richard West, OTC HWY Engineer,’ 505 S. Court St. Suite #1 Fergus Falls, MN 56537
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
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, 35387 Northern Lights TrI, Richville, MN 56576-9672
Leona Zimmerman, 418 E 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: September 19, 2011
Wayne Stein, Secretary
Otter Tail County^oard of Adjustment
DBy:
Vi Manderud
■ -V
J SCOTT EARNER
2133'BUCKINGHAM WAY
SANDY UT 840931628
HILARY BARRY ET AL ROBERT W & SANDRA J CASPERS
32651 BLUE HERON RD
PO BOX 261
OTTERTAIL MN 56571 0261
PO BOX 66
RICHVILLEMN 56576 0066
ERIC B & LISA M FARNBERG
620 SUMMIT AVEW
FERGUS FALLS MN 56537 2017
PETER J CONRAD
7016 MARK TERRACE DR
, EDINA MN 55439 1626
DAVID D & ROSALIE K DEBLIECK
.. 40685 COUNTY HIGHWAY 1
RICHVILLE MN 56576 9543
■'r'
DAVID Lf& DEBRA A HILSEN
22585 WOODHILL DR
LAKEVILLE MN 55044 8259
JAMES MICHAEL KARST
2017 TODD DR
SAINT PAULMN 55112 1869
ROBERT D JOHNSON
20718 GLEN CANYON DR N
SURPRISE AZ 85387 2785
MEYERS LAKE PROPERTY PRTNRSHP PINE LAKES LAND COMPANY LLC
1483'MAPLECT
WAHPETONND 58075 3135
LAMBERT & JOAN MEYER
< 32582 BLUE HERON RD
RICHVILLE MN 56576 9544 PO BOX 577
WAITE PARK MN 56387 0577
JUDITH A STOUTLAND TST
210MANITOU ST
NORTHFIELD MN, 55057 1570
PATRICIA N STEEVESKENNETH R & JACKIE L REYNOLDS
6686 210TH LANE CIR N
FOREST LAKE MN 55025 9150 PO BOX 184
OTTERTAIL MN 56571 0184
DALAS D WHIPPS
40437 COUNTY HIGHWAY 1
RICHVILLEMN 56576 9543
TO THE PUBLICJAMES A & BONNE B SWANSEN
615LAKOTALN
, ' CHASKAMN 55318 9455
■V