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HomeMy WebLinkAbout16000310177004_Variances_09-12-20191226706 CAROL SCHMALTZ OTTER TAIL COLWTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED ON 09/19/2019 01:31 PM FEE: 46.00 PAGES 10 WELL CERTIFICATE REC'D: H >:c« 0,#*? St3fnp AUG 2 > 2019 lands. RESOURCE “i?: X -:o w&ft inrtui 7 TH( AaCJk'2 V, FCA Tn£ COuMl* Kt fiuttix U APPl.tCATlON FOR VARIANCK COUNTt Ol OTTER TAIL CowMrnmwc irrmpn >V; 'ft Ftr ftfp* MN SftSP 21^999 8095 iiMm.oecr»)co«int>Mwt4»OTTfSTm »^ooApplication Fee ____ R^pt Number ! X/dC^'-O^l \ Date "Accepted by Rroperty Owner I^Lawrenoo A. Baharora 33203 Pintail Street Name Address Oty Woodland State CA Zip 96695 Daytime (916) 718-4391 (m) Phone i : Email ^larry t>altnrofc^<rnaS.cofn Parcel Information Lake No 51S S(o"Sl^ Lake Name jWcst^ien^LakeCta» ;RD Parcel Numbetjs) i6J3n.i"Ci775oi j Parcel Numbetfs) 4- Township Nante Dora Section Lcfal Description Sec attachment Physical Address i28XXX A10m Street (Adjacent to 2875.Q and 78757 4loth Streeti TYPE OP VARIANCE REQUESTED (Ptease Check) Stf^Actunr LZ]Strveturr 5ice Sewiee System SMbdieiiion r t-r LJCfcatarWICS 1 > smifr HOW YOUR PftOKT VARIES FROM OftOINANCE «QUtREMENTS. OTE THE REUVANT SCCnON(S) AND OTTER TAR COUNTY OROJNANCEIS) FROM WWCH THE VARJANCE REQUEST tS FOR. WXASE BE BRIEF AS THtS WIU. BE USED FOR PUBIK NOT1HCATION. OfTTERTAa COUNTY OROiNANa: SHORELAND MANAGEMENT & SUBDIVISION CONTROLS ORDINANCES IV. 10.B. and VII Metes and Bounds Items 1. & 2 rospectivelvSECTION OF ORDINANCE: VARIANCE REQUEST; iTo not plat a division of parcel 16000310177004 and allow for creation of t^ 4.3 acre lot^serviced by an 'existing easement and road in its current cofYdition. "fo I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS Of THE SHOREIAND MANAGEMENT OROINANCES/SUBOIVISION CONTRCXS OftOtNANCE/SANETATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAR COUNTY, I ALSO understand THAT OTHER PERMITS MAY BE REQUIRED. TT IS MY RESPONSIBILITY TO CONTACT LAND A RESOURCE MANAGEMENT REGARDING THIS MATTFR^ ?/4a MTCSIGMATUKE Of WWW TV AC£I cwMcn APWCAMT MUST BE PRESENT AT THE HEARING wfl R«<vfv<p of tKt Qjta/TBww of OFFICE USE ONLY Date of Board of Adjustment Hearing I'-QO pmTime Motion Lawrence Baltezore- Variance Application Approved with Conditions (7:05 p.m.) After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to approve the variance as described in the variance application dated August 21, 2019 and as depicted on the drawings submitted with the variance application with the following conditions: 1. Need to address 2 suitable septic system locations for each proposed lot on the survey along with a letter from a licensed designer indicating there is room for 2 septic systems onsite for each lot; 2. Identify any wetlands onsite; 3. Identify the 8,400 sq. ft. buildable area on the survey for each lot. This variance is granted based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. I ICh.i ^rijr/CnerTi ' Cjtrtv ?0.:m -f arij-l-Ttr-rrl ! Permit(s) required from Land & Resource Management I Yes No i: Note H Vn, <vn<4ii.7 L>rtd A lU^ourc^ CORV of AniBcathM maBed/eituOrd to Applicait, County AuKXor »d MN ONR i lAR OHiaal.'Daa: (I0I1Y2OIBCO1 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAlL.MN.US Kyje Westergard Asst. DirectorOTTf R TflH«e«ttT>aiaiiioTa GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision -■ Applicant:Lawrence Baltezore Address/Parcel No. None / 16000310177004 Requested Variance: To not Plata division of parcel 16000310177004 and allow for creation of two 4.3 acre lots serviced by an existing easement road in its current condition. Survey to be provided upon recording. : Otter Tail County Ordinance: X Shoreland Mgmt. Sanitation. X Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: IV. 10. B and VII Metes and Bounds Items 1. & 2. respectively A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Not trying to make several lots out of this parcel. Would like to create 2 single family residential parcels. The 66' road right of.wav is needed to create a plat and would like to continue to use the existing easement for access to the proposed lots. Currently they maintenance is done by the landowners using the easement. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the officiai control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: If he went through the platting process he could potentially create more than 2 lots. Is the property owner proposing to use the property in a reasonabie manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the propeirty owner is proposing to use the property in a reasonable manner... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 2. There are similar,lots in this area as this area has development and with the platting process there is the requirement of the Township Road being a 66'road right of way. I 3. Is the need for a variance due to the circumstanceis unique to the property not created by the iandowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels.similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: There is an existing easement road that wouid service these proposed iots. 4. Wiil the issuance of the variance maintain the essentiai character of the locaiity? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... No, the issuance of the variance will NOT maintain the essential character of the locality... ...because; There is simiiar land use patterns/lots in this neighborhood. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than Just economic considerations.... No, the issuance of the variance is only for economic considerations... ...because: The easement road is the biggest factor for his variance request and he wiii be providing appropriate documentation for 2 onsite septic systems locations for each proposed lot, he will identify any wetlands onsite and will also identify the 8400 sq. ft. t of buildable area for each proposed lot on the survey. XThe Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 12, 2019 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. i'. y No delinquent texes and transfer entered; Certificate of Real Estate Value ) filed ( ^ ] not required. Cerl of Real Estate Value No. ( /r ■^<1. (Y^iVI Wayne Stein. County Auditor.Treasurer m ooo 31 OlllcoP^'^ ^Ndby TRUSTEE’S DEED -OUKTY OF OTTWJTI*. STATE OF .XESDTIU I ------- miMMa l>4-Sft(yg.Z'i ^-;e CS STATE DEED TAX DUE HEREON: S1.65 Date: ^ AA \ . 2019 OATE FOR VALUABLE CONSIDERATION, James F. Baltezore and Elizabeth C. Elliott, as Trustees of the Jamie T. Baltezore Revocable Family Trust dated IDecember 16, 2005. Grantors, hereby convey to Lawrence A. Baltezore. Grantee, real property in Otter Tail County. Minnesota, described as follovirs: That part of Government Lot 9 in Section 31, Township 136 North, Range 41 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeast comer of said Section 31; thence North 89 degrees 50 minutes 23 seconds West 1287.40 feet on an assumed bearing along the north line of said Section 31 to an iron monument at the northeast comer of the Northwest Quarter of the Northeast Quarter of said Section 31; thence South 00 degrees 22 minutes 34 seconds East 1317.92 feet along the east line of said Northwest Quarter of the Northeast Quarter to an iron monument at the northeast comer of said Government Lot 9; thence continuing South 00 degrees 22 minutes 34 seconds East 569.62 feet along the east line of said Government Lot 9; thence North 84 degrees 14 minutes 08 seconds West 12.41 feet to an iron monument; thence continuing North 84 degrees 14 minutes 08 seconds West 33.14 feet; thence North 00 degrees 27 minutes 16 secoixls East 140.66 feet; thence North 84 degrees 26 minutes 56 seconds West 536.08 feet to an iron monument, said point is the point of beginning; thence South 84 degrees 26 minutes 56 seconds East 201.39 feet to an iron monument; thence continuing South 84 degrees 26 minutes 56 secorids East 301.56 feet to an iron monument: thence continuing South 84 degrees 26 minutes 56 seconds East 33.13 feet, thence South 00 degrees 27 minutes 16 seconds West 397.57 feet to an iron nxinument; thence South 25 degrees lor -,r lc\^\for Ihe ,snr» <Jyscrt»d within oara. lriifl;-,y,K vu t> be o I 00 minutes 08 seconds East 37.19 feet to a found iron monument: thence tvJorth 87 degrees 32 minutes 07 seconds West 176.00 feet to an iron monument; thence continuing North 87 degrees 32 minutes 07 seconds ^ West 150.00 feet to a found iron monument; thence South 18 degrees 15 minutes 53 seconds West 207.00 feet to an iron monument; thence continuing South 18 degrees 15 minutes 53 secorxis West 57 feet, more • or less, to the water’s edge of West Silent Lake; thenoe rKirthwesteriy along the water's edge of said Vi/est Silent Lake to the intersection with a line which bears South 29 degrees 10 minutes 05 seconds West from the point of beginning; thence North 29 degrees 10 minutes 05 seconds East 21 feet, more or less, to an iron monument; thence continuing North 29 degrees 10 minutes 05 seconds East 532,47 feet to the point of beginning. The above described tract contains 8.6 acres, more or less. SUBJECT TO and TOGETHER WITH an easement for driveway purposes, over, under and across that part of said Northwest Quarter of the Northeast Quarter and over, under and across that part of said Government Lot 9 and that part of the above tract described as follows: Beginning at an iron monument at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 22 minutes 34 seconds East 1317.92 feet along the east line of said Northwest Quarter of the Northeast Quarter to an iron monument at the northeast comer of said Government Lot 9; thence continuing South 00 degrees 22 minutes 34 seconds East 731.07 feet along the east line of said Government Lot 9 to an iron monument; thence continuing South 00 degrees 22 minutes 34 seconds East 159.07 feet along the east line of said Government Lot 9: thence North 87 degrees 32 minutes 07 seconds West 33.82 feet; thence North 00 degrees 04 minutes 53 seconds East 33.03 feet to a found iron monument; thence North 87 degrees 32 minutes 07 seconds West 32.52 feet: thence North 00 degrees 22 minutes 34 seconds West 365.73 feet; thence North 84 degrees 26 minutes 56 seconds West 548.92 feet; thence North 29 degrees 10 minutes 05 seconds East 72.03 feet to an iron monument: thence South 84 degrees 26 minutes 56 seconds East 201.39 feet to an iron monument: thence continuing South 84 degrees 26 minutes 56 seconds East 301.56 feet to an iron monument; thence continuing South 84 degrees 26 minutes 56 seconds East 10.26 feet; thence North 00 degrees 22 minutes 34 seconds West 1740.28 feet to the north line of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 50 minutes 23 seconds East 66.00 feet along the north line of said Northwest Quarter of the Northeast Quarter to the point of beginning of said driveway easement. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservatfons of record, if any. This Deed shall convey all after-acquired title of the Grantor. The total consideration for this transfer of praperty is $500.00 or less. James F. Baitezore” as^T xistee of the Jamie T. Baltezore Revocable Family Trust dated December 16, 2005 Elizabeth C. Elliott, as Trustee of the Jamie T. Baltezore Revocable Family Trust dated December 16,2005 STATE OF ) ss COUNTY OF The foregoing instrument was acknovirledged before me this / ' day of V. , 2019, by James F. Baltezore, as Tmstee of the of the Jamie T. Baltezory Revocable Family Trust dated December 16, 2005, Grantor. 4r-1 Notary Publich ■-j e STATE OF MINNESOTA ) ) SS COUNTY OF The foregoing instrument was acknowledged before me this / day of (^1 _____, 2019, by Elizabeth C. Elliott, as Trustee of the of the Jamie T. Ballezory Revocable Family Trust dated December 16. 2005, Grantor. \ •»—■'E,I Notary Public i- y No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( t/) not required. CerL of Real Estate VSalue No.GiTER -^'L. Cull.'TV i-iilLE; REOuRfrED "i:; 0=.-'i 7/20:19 P"' FEES 'TE,.F' 'JcEi. CEFTi-lC-i“~ Ps ;■! —! ■ S S's -d- ■/sr ,MIAIS•it •i.'(Year) Wayne Stein, County Auditor/Treasurerio."1... byOs P'h 1(0 000 3 f (^niccP^^ TRUSTEE'S DEED COifMtY OF OTTFSBiaS,STATE DEED TAX DUE HEREON: $1.65 Date: \___,2019 OCBDTMtS .— NUMBCR g~- ll£ CS FOR VALUABLE CONSIDERATION, James F. Bgitezore and Eiizabetfi C. Elliott, as Trustees of the Jamie T. Baltezore Revocable Family Trust dated December 16, 2005. Grantors, hereby convey to Lawrence A. Baltezore, Grantee, real property in Otter Tail County, Minnesota, described as follows: cr That part of Government Lot 9 in Section 31, Tovmship 136 North, Range 41 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates the northeast comer of said Section 31; thence North 89 degrees 50 minutes 23 seconds West 1287.40 feet on an assumed beating along the north line of said Section 31 to an iron monument at the northeast comer of the Northwest Quarter of the Northeast Quarter of said Section 31; thence South 00 degrees 22 minutes 34 seconds East 1317.92 feet along the east line of said Northwest Quarter of the Northeast Quarter to an iron monument at the northeast comer of said Government Lot 9; thence continuing South 00 degrees 22 minutes 34 seconds East 569.62 feet along the east line of said Government Lot 9; thence North 84 degrees 14 minutes 08 seconds West 12.41 feet to an iron monument; thence continuing North 84 degrees 14 minutes 08 seconds West 33.14 feet; thence North 00 degrees 27 minutes 16 seconds East 140.66 feet; thence North 64 degrees 26 minutes 56 seconds West 536.08 feet to an iron mohument, said point is the point of beginning; thence South 84 degrees 26 minutes 56 seconds East 201.39 feet to an iron monument; thence continuing South 84 degrees 26 minutes 56 seconds East 301.56 feet to an iron monument; thence continuing South 84 degrees 26 minutes 56 seconds East 33.13 feet; thence South 00 degrees 27 minutes 16 seconds West 397.57 feet to an iron monument; thence South 25 d^rees i riaiwi’ ferr;!'. shr. taxes for ttse lor the Isrsnij; do&c^bed v/ithin Ore paid. Cc‘L^'^^/ I'wia^ufer\ U b bO C? I i. 00 minutes 08 seconds East 37.19 feet to a found iron monument; thence North 87 degrees 32 minutes 07 seconds 176.00 feet to an Iron monument; thence continuing North 87 degrees 32 minutes 07 seconds West 150.00 feet to a found iron monument; thenoe South 18 degrees 15 minutes 53 seconds West 207.00 feet to an iron monument thence continuing South 18 degrees 15 minutes 53 seconds West 57 feet, nwre or less, to the water’s edge of West Silent Lake; thenoe northwesterfy along the waters edge of said West Silent Lake to the intersection with a line which bears South 29 degrees 10 minutes 05 seconds West from the point of beginning; thence North 29 degrees 10 minutes 05 seconds East 21 feet, more or less, to an iron monument; thence continuing North 29 degrees 10 minutes 05 seconds East 532.47 feet to the point of beginning. The above dcjscribed tract contains 8.6 acres, more or less. SUBJECT TO and TOGETHER WITH an easement for driveway purposes, over, under ar^d across that part of said Northwest Quarter of the Nor^ea^ Quarter and over, under and across that part of said Government Lot 9 and that part of the above tract described as follows: Beginning at an iron monument at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence South 00 degrees 22 minutes 34 seconds East 1317.92 feet along the east line of said Northwest Quarter of the Northeast Quarter to an iron monument at the northeast comer of said Government Lot 9; thence continuing South 00 degrees 22 minutes 34 seconds East 731.07 feet along the east line of said Government Lot 9 to an iron monument; thence continuing South 00 degrees 22 minutes 34 seconds East 159.07 feet along the east line of said Government Lot 9; thence North 87 degrees 32 minutes 07 seconds West 33-82 feet; thence North 00 degrees 04 minutes 53 seconds East 33.03 feet to a found iron monument; thence North 87 degrees 32 minutes 07 seconds West 32.52 feet; thence North DO degrees 22 minutes 34 seconds West 365.73 feet; thence North 84 degrees 26 minutes 56 seconds West 548.92 feet; thence North 29 degrees 10 minutes 05 seconds East 72.03 feet to an iron monument: thence South 84 degrees 26 minutes 56 seconds East 201 -39 feet to an iron monument; thenoe continuing South 84 degrees 26 minutes 56 seconds East 301.56 feet to an iron monument; thence continuing South 64 degrees 26 minutes 56 secor»ds East 10.26 feet; thence North 00 degrees 22 minutes 34 seconds West 1740.28 feet to the north line of said Northwest Quarter of the Northeast Quarter; thenoe South 89 degrees 50 minutes 23 seconds East 66.00 feet along the north line of said Northwest Quarter of the Northeast Quarter to the point of beginning of said driveway easement. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restilcfions and reservatbns of record, if any. This Deed shall convey all after-acquired title of the Grantor The total consideration for this transfer of property is $500.00 or Jess. F. Baltezore, ^^mstee of the Jamie T. Baltezore Revocable Famity Tnjst dated December 16,2005 Elizabeth C. EJliott, as Trustee of the Jamie T. Balteszore Revocable Family Trust dated December 16,2005 STATE OF ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of (N 2019, by James F. Baltezore, as Trustee of the of the Jamie T. Baitezioi^Revorable Famity Trust dated December 16, 2005, Grantor. iy;YflEi-D i ■ ■■I 1INotary Publici+•*' STATE OF MINNESOTA ) COUNTY OF \j) ss The foregoing instrument was acknowledged before me this day of ipl _____. 2019. by Elizabeth C. Elliott, as Trustee of the of the Jamie T. Baltezoi^ Revocable Family Trust dated December 16, 2005, Grantor. !ThEYn L. ’.Wi'hTQ IPl.2iiC -'.lI'r.E'ivT I Notary Public1'..', , r,-..tnii ■: ■ : Larry Luther - Continued After consideration and discussion, Darren Newville made a motion, seconded by Douglas Larson and unanimously carried to approve the variance as requested to construct additions to the dwelling being 66 ft. from the ordinary high water level as indicated in the variance application dated August 20, 2019 and as depicted on the drawing submitted with the variance application and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Lawrence Baltezore - Variance Application Approved with Conditions (7:05 p.m.) Lawrence Baltezore, Pt of GL 9 (8.60 Acres) West Silent Lake in Dora Township, requested the following: To not plat a division of parcel 16000310177004 and allow for creation of two 4.3 acre lots serviced by an existing easement road in its current condition. Survey to be provided upon recording. Lawrence Baltezore represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to approve the variance as described in the variance application dated August 21,2019 and as depicted on the drawings submitted with the variance application with the following conditions: 1. Need to address 2 suitable septic system locations for each proposed lot on the survey along with a letter from a licensed designer indicating there is room for 2 septic systems onsite for each lot; 2. Identify any wetlands onsite; 3. Identify the 8,400 sq. ft. buildable area on the survey for each lot. This variance is granted based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Patricia Schnurer - Variance Application Approved as Requested (7:17 p.m.) Patricia Schnurer, Lot 2 Blk 1 of The Pier Otter Tail Lake in Otter Tail Township, requested the following: Proposing to construct a vision obstructing fence being 2’ from the Road Right of Way. DOT Road Right of Way has been specified as 50’ from the centerline per MNDOT District 4. The required setback is 20’. Dan Zierden, (Cullens) & Cliff Schnurer (Son) represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Tom Larson made a motion, seconded by Douglas Larson and carried with Steve Schierer voting no, to approve the variance to construct a vision obstructing fence being 2’ from the road right of way as described in the variance application dated July 22, 2019 and as depicted on the drawing submitted with the variance and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. It was noted that MN DOT submitted a letter having no objection to the variance request. Mimi Properties LLC, Jeremy McLaughlin - Variance Approved with Condition (7:30 p.m.) Mimi Properties LLC, Jeremy McLaughlin, Lot 2 of Sun Rise View Beach, Lida Lake in Lida Township, requested the following: Proposed project is to replace an existing 8’ x 12’ shed with a 10’ x 20’ shed for storage. Request a variance from the required 20’ setback from road ROW (proposed 7’ off of ROW, same as existing shed). Lot size is 71’ x 128’, other setbacks can be achieved. Jeremy McLaughlin represented the application. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Kenneth Vorderbruggen made a motion, seconded by Rick Wilson and unanimously carried to approve the variance request to replace the existing shed with a 10’ x 20’ shed with the condition that the proposed shed be 10 ft. off of the road right of way. This variance is granted based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management Department. The practical difficulty/hardship is the size and shape of the lot. The variance as approved does not directly or indirectly grant any other variances for future development. Page I 4 Board of Adjustment September 12, 2019 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Lawrence Baltezore 33203 Pintail Street Woodland CA 95695 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, September 12, 2019 at 7:00 p.m. in the Commissioner's 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 Otter tail County Land & Resource Management off ice i prior to the date of the public hearing. Written correspondence will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. -16000310177004 PtofGL 9... (8.60 Acres) Section 31, Township 136, Range 41 Township Name - Dora West Silent (56-519), Recreational Development (RD) None - Located Adj. to 28750 and 28752 410“' Street, Dent MN 56528 Lake Name/Number/Class: Property Address: The variance requested is the following: To not plat a division of parcel 16000310177004 and allow for creation of two 4.3 acre lots serviced by an existing easement road in its current condition. Survey to be provided upon recording. Amy Busko Board of Adjustment Secretary August 29, 2019 ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 Jli Land and Resource - app Lake Classifications and Water Buffers !■> Q.— - 16000310177000 Existing Easement for Driveway * ■ ‘ ‘ Length: 572.0 Feet Name Parcel Address Length: 71.2 Feet Length: l^5.9 Feet . \ Length: 1^8.2 Feet • . . /i 16000310177003 I^ ^ "^Length:A2Z,6^eet// 4.3 Acres ^I/ I/ 16000310177004 Out house remains Length: ^8.4 FeetLength: 4^0.9 Feet A I4.3 Acres/I /I Len^:^0Z7 Feet^ ' Length: Peet !cv50 410TH ST 28752 410TH ST/ / Length: Feet Proposed Subdivision for 160003101770 Bulrushes Existing Boundaries ■" Proposed Subdivision Boundaries Dilapidated Farm House M MBSealed Well mli eiri’arxn.ViV: ±>7 ■' r-i;-.-. 7. ■ receivedMl Otter Tail County Visit the County Website ■mi fi’£STS!U:\TUKE WEST SILENT 100 200ft0 . NortnGov't. Lot s ftffm ^ OW 1281.58' *II I4I N **O4 V. ? ^ I •<0V*cSr>€I \55^I22er^\ \ \*.»>.I fonc0 >*»•K \ 66 2«\f__ *T^21.90‘ tn-r< 40' , , I*1 • < K> I ,<0 ^ $426'5$* w 5Jft06'„ ./ $48,92' ^''-S 570.W' 1 . C«’5ri>*«r o^** -id* dtf04^^ »*■ \ ^ 1* N 84'0yi5'‘ W 7080V iiwiiiitiiTinirTMil rnmwmMmmltmmm^ I 4« '/\• L'^izoS Ul 4P . ■;sT'w 1'r^ I 1 9 2t -r'"f«4,1VS |.'O 1^ I o t 7T?>ACT C 6 6 acres, or /ess «if» V___f I IUl I C>4 5:i Iv><0-tS -,o> \ *4*/ tract d .b/j 8.6^Amore or less tfmore/»\fvd9U« M 6V52 07 W * / / V./Vm \S2B.00’) .326.CKf \ \ N \/ / ■P><v \ ;r-*.<0 4f' ■4*' 75^ ^[}0«difi4fdiv , Z im-k-^W i Mp« V ^ 4t*» ------- if P- i /-■- fa f ?S /- ’■'V 4>, u I2e’*)i / ♦ p't tiw*;■- ^'S Bt** ” «isW' ViS-*' liftJi:^ 2 CERTIFICATE OF SURVEY deceived ^1* 21 2019 ^ ‘^NOS RESOURCE 7HC NE 1/4-NW 1/4, THE NW 1/4-NE 1/4, THE NE 1/4-NE 1/4. GOV'T. LOT 8, AND PART OF GOV'T. 9 SECVON 31-136-41 OTTER TAIL COUNTY, MINNESOTA ■ i Mr i/i . <r l/i «r Httm M-iM-4* 9/ m 1/4 • m t/iZTy-'rz.f Mr» »w •# Sttm-// «•»«*_«»* f >j» Uv'-'- usty ••..*•4 1 !A [ r \«5I mmtf «M 44 M ««rt t MUM* Mf LMGKMO WMM 44- *r »/4 ■4M MM «4 M ■r t/< - M* 1/4 •M Cm M •' Ma »»»/*. W 1/4 ». « 1/4 manumrnfr /siMd montonm ri S«f i Mr M#* /nrnwmrnt* Ml m t4Mnr*oro ff49qlra/>04t Mr I3OO4/4I3S0 «4*4 ■'•ert /nMwmrnU e4 t*« n ;O0O «4 Mliae^l pn0*rly •M'Mf l/*l4rf> is - 300 "*Orte-mof»M > >7004 mCh •> - 044)iMrA « -! OrMnhrfMn r4 Sr«4r r MfA &I iv'-';lO i■f 40l>'O'300'a.a'A ?> 'I ^ tml Mm 44isI 94ap4i4e scoM»•I ?r isV*O'mAcr A88.oer»96 No mtfi SAOaM M«0V»4 OA tgih mt4t Oft SAO^ V«- Tarf *M 44•r >A .«« 4/4 'O i7IO-5 « •»4^41 (si4*2ir?/4 -^“sr<% !-t MCJM- ■'A iy^-nzt N»4l» »• 44 •4a'H 141 f ua frw»'4 iAue4' •» «P>'< 144 »IM4 8T 1002960\I;Oincc OP COUUTV l»CCO*tf>W OrmtTML MMNESOTA 8 C4 asrs?* iflozafipr;C'.''T. L TffACT e 61 J 0C4»*. more or IosbCl \85* «»>4rThTj^ JAff' TPACT C r fttroty ittOT* tAoi (A« firootrly0>. ^4<>t l«'44S m««fs (Ac Cuiyif/ .aOt/a'MAOA/f tar pirftW rpM 0(trf> OAtf S'aoor /rroImpAf Sj«>4m| 7.S OCf more or XT CM» 04.444I f M Hr liaMUl* 0444 ■ymr* \\:l/ y ocros 4n04* 04 /«•» MM/' NMr(f44A»iMj (»*as ft«r(l 4 eort'lf that 4ArS iurvtf. pton, Of Or or uxOtr '*'» Ororl Swp#4vt>ron oAtf IAo4 f ovi 0 dkifr Moolis'* r wr'tfVr lAif (OMS Of 4A« 4«MMf *oS proptrta fottd lotto SuftJO S4o4^ 4' Vttmooolo © MEADOJWMnD surveying, INC. J31»>Ughooy M SoutK flCTROr LAKtS.bmcc- LAKEOITNBR jMn BsHrsor* I«t4 mh 9li««tM> 2 »•$ No jms—03/>ij3C0«Oolr..NAMK' *4sl fsrgo, 5M7» MN 56501218-847-4389 FAX: 21$-046^I945 DBAMW: NUUBER T6826—15R.r,^* 4 f 44 toaas Ot/W/TOOr D*c nut J*9«i|444r4L0T5 rtv CUD rtLL >ia»LTt70l>EtMML UCAD<mAMOmM(€SNCrjlET frti ft Ami 4 oO ItfH I CC/IJ/MM OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 29th day of August, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; ) Property Owner Township Clerk Lake Association Gregory Meyer, Clerk Dora Township 33111 State HwylOS Dent MN 56528 Lawrence Baltezore 33203 Pintail Street Woodland CA 95695 NA City Clerk (if located within 2 miles of a city) NA n Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonakJ: DeVi(s (N Little Nlel Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 UJ )gf Perham); onald. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Littl^iV^e & Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Pelican,^h, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turns Lake;South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260"^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County 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 Planning Commission Member: 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print IFileDated: August 29, 2019 Extra BOA Members _ PC Member____ Envelopes___ TOTAL NOTICES TO PRINT _ I ^ Added to Agenda [^Iviap fTTPrint out Findings of Fact Sheet Newspapers ?lUur Amy Busko, Secretary Otter Tail County Board of Adjustment h. MinuteBy: /\mj Amy Bujsko 'Ihi l:\BOA\Affidavits\Baltezore (519) 09-12-1 Q.docx Parcel No Addr 1Name 1 Addr 2Name 2 Citv St Zio West Fargo ND 58078 333516000310176000 James F & Joan M Baltezore 1424 12th Street Ct Saint PauiMN 55105 245216000310176001 Elizabeth C Elliott 261 Warwick Sf 16000310177000 James F & Joan M Baltezore 1424 12th Street Ct West Fargo ND 58078 3335 16000310177001 Austin R & Darlene J Floltz 28752 410th St DentMN 56528 9027 16000310177002 Arland E Olerud 300134th AveSApt 1220 Fargo ND 58104 5156 James F & Joan M Baltezore16000310177003 1424 12th Street Ct West Fargo ND 58078 3335 Lawrence A Baltezore16000310177004 33203 Pintail St Woodland CA 95695 6007 16000310178000 S&s Silent Lakes.Ranch LLC 1870 Golden Dr SW Alexandria MN 56308 6406 Wednesday. August 28, 2019 Page 1 of 1 Buffer Mail Address i Address 2 City, State, ZipName James F & Joan M Baltezore 1424 12th Street Ct West Fargo ND 58078 3335 Lawrence A Baltezore 33203 Pintail St Woodland CA 95695 6007 Elizabeth C Elliott 261 Warwick St Saint Paul MN 55105 2452 Austin R & Darlene J Floltz 28752 410th St DentMN 56528 9027 Arland E Olerud 3001 34th Ave S Apt 1220 Fargo ND 58104 5156 S&s Silent Lakes Ranch LLC 1870 Golden DrSW Alexandria MN 56308 6406 Wednesday, August 28, 2019 Page 1 of 1