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HomeMy WebLinkAbout16000990844000_Variances_07-08-2021« ^ T-7977Date Stamp RECEIVED JUN \ 6 2021 ? land & RESOURCE LYNN R LARSON OTTER TAIL COUNTY RECORDER/RE6ISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 08/16/2021 il;44 AM ■T i_J iT--. i.. FEE: 46.00 PAGES 4 I'JELL CERTIFICATED REC'D; H AFFECTED CERTIFICATES 2673 CO “ L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPUCATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tall.mn.usOTTCRTflll $^£>0- POApplication Fee Receipt Number Date if-'IO tiI Accepted by Property Owner Name Michael and Mandy Rosendahl Address 20637 330th Ave NW City Warren State MN Zip 56762 Daytime Phone 218-686-8666 Email michael.rosendahl@gmail.com Parcel Information |rd//\1^Lake ClassEast Spirit Lake /Lake NameLake No jl/'b^i ^ Parcel Number(s)16000990844000 Parcel Number(s) SectionTownship Name Dora Legal Description T136N R41W section 4 Circle.tbd Wrigley Circle f /?^y/ -hPhysical Address TYPE OF VARIANCE REQUESTED (Please Check) □□□Structure Setback 0 SubdivisionStructure Size Sewage System 0□□MiscellaneousWECSCluster Version Date: 04/07/2020 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:9m TOc fs/ a, ^0' OtHOU SithadC^ o-f- ^ lOO' DH-ooO CA. Ui\' (Xal| -fiLh^v^ j7l& fOCiJ ^hlch 15 A. He LuiU °l Sf-fhocic fn>r/^|6|Yip Ub (^tvoss pu OIHaJL lla/ISHCl fh/T) Ulu S^hp^ck h K^m/0 l nlu l<^ n-ffrUcl ai^O’ 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 UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2021, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. oh9^\O'■?- SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the DateAiine of Hearing) TimeDate of Hearing I Mntinn Johnson Family Rev Living Tst Michael & Mandy Rosendahl (Proposed Buyers) - Variance Application Denied (7:08 p.m.) After consideration and discussion, Darren Newville made a motion seconded by Thomas Lee and unanimously carried to deny the variance request to be 60’ to the ordinary high-water level for a future residential development as this lot is unable to be a developed lot due to the location of Kemp Lake and East Spirit Lakes located on each side of the property. This denial is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Ch^tfman/Otter Tail County Board of Adjustment £Permit(s) required from Land & Resource Management NoYes Note: If Yes, contact Land & Resource Management -/Wsi hidiv J L&R Official/Date Copy of Application mailed to Applicant, County Assessor and MN DNR 2 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WVWV.CO.OTTER-TAILMN.US Kyle Westergard Asst. DirectorOTTER TfllloofaTT-aiaaiieiN 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:Michael & Mandy Rosendahl - Proposed Buyers Address/Parcel No. None / 16000990844000 Requested Variance: Asking for a 60' OHWL setback instead of a 100' OHWL setback to make a lot buildable for any future development. Kemp Lake is across the road which is a NE Lake & setback from the OHWL cannot be met, variance from lake setback to kemp is needed also. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation:III. 4. A. 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: The property is located between 2 lakes (Kemp Lake & E. Spirit Lake) and we are not able to meet the setbacks to either lake. The topography also limits the buildable area. The neighbor to the West had the property surveyed at it was determined that the well is located on this property. Because of this there is a well easement which needs to be complied with. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). □ Yes, the variance is in harmony with the general purposes and intent of the official control... X No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: This property is undevelopable due to the 2 lakes located on both sides of the property 2. Is the property owner proposing to use the property in a reasonable 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 property 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: 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (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?) □ Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... X No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: They want to build on a very substandard lot. 4. Will the issuance of the variance maintain the essential character of the locality? (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 near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) □ 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: 5. Does the need for the variance invoive 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). □ Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: It does not involve more than economic considerations. the requested variance.The Otter Tail County Board of Adjustment: APPROVES DENIES__X Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. ‘DannerDATED: July 8, 2021 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. Marsha Bowman Chris LeClair Thursday, July 29, 2021 7:29 AM Josh Pfeffer Marsha Bowman RE: info From: Sent: To: Cc: /^- ooo-Subject: Hi Josh Any new structures would have to meet setbacks to both lakes. In the case of Kemp Lake, however, we can apply a building line, since neither lots immediately adjacent to the lot in question meet the required setback to Kemp Lake. That makes both structures on the adjacent lots non-conforming. Therefore, we are taking the position that a building line can be applied to both lakes. Here is an illustration demonstrating what a building line is 1 +X Q.16000990844000 Show search results for 16000 .. m From: Josh Pfeffer <joshp@meadowlandsurveying.com> Sent: Tuesday, July 27, 2021 9:48 AM To: Chris LeClair <cleclair@co.ottertail.mn.us> Cc: Marsha Bowman <MBowman@co.ottertail.mn.us> Subject: info Chris or Marsha I am emailing regarding parcel number 16000990844000. A realtor representing this property has been in contact with me. From what I understand the potential purchasers of the property were applying for a variance for setbacks but where denied because of requirements of Kemp Lake. It is my understanding from previous projects in Otter Tail County that East Spirit Lake should be the pertinent lake to represent this lot and Kemp lake should not have any setback requirements or weight in this lot whatsoever. Please give me a call when you get time. 2 Thanks. , Josh Pfeffer Meadowlami Surveying, Inc 1118 Hwy 59 Soulh Detroit Lakes, MN 56501 218-847-4289 office 218-846-1945 fax The electronic data conveyed by Meadowland Surveying, Inc. is sent for the recipient's reference only. This material is copyright protected. The recipient agrees, by his receipt of electronic information, to not alter the electronic data. The recipient agrees by his receipt of this data that the information contained in the transmission may be changed without notification of the recipient. This electronic information is not the certified version of a plan. Recipient agrees to hold Meadowland Surveying, Inc. harmless from any and all claims. Meadow land Surveying, Inc. makes no representation or warranties, expressed or implied, w ith respect to the reuse of the data provided herew ith, regardless of its format or the means of its transmission. There is no guarantee or representation to the user as to the accuracy, currency, suitability, or reliability' of this data for any purpose. The user accepts the data “as is” and assumes all risks associated with its use. By acceptance of this data, the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user shall include with the data a copy of this disclaimer. Meadow land Surveying, Inc. assumes no responsibility for actual or consequential damage incurred as a result of any user's reliance on this data. 3 June 30, 2021 Land and Resource Management Board of Adjustment 540 West Fir Avenue Fergus Falls, MN 56537 RE: Variance Request of Michael & Mandy Rosendahl; Parcel No. 16000990844000 Dear Board Members, We own the property at 30721 Wrigley Circle, Vergas, MN which is adjacent to the property the Rosendahl's are looking to acquire and have requested the variances. We have met with the Rosendahl's and looked at their plans for the lot including their building plans. They are taking into account many items that may have concerned us: > They are considerate of the twelve-foot easement on the North-Northwest property line we put in place with the current owner of the subject property. > They understand that our well head in on the property line of the two lots and our ability to retain access to this property line as well as insuring the area remains cared for. > Their plan does a good job of using the existing open area of the lot in an effort to retain as many of the trees as possible which may have been lost in any build without a variance. They also move the building area to the North, North-East, further away from our home to maximize privacy for both parties. I would ask the board to thoughtfully review the Rosendahl's variance request. I understand that you need take into account what is best for East Spirit Lake, Kemp Lake, and the surrounding water shed areas. Ultimately you need to make the decision to work with the Rosendahls, or to eliminate any further development of the lot. 30721 Wrigley Circle Vergas, MN 56587 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: Proposed Buyer: Michael & Mandy Rosendahl 20637 330'^ Ave NW Warren MN 56762 Property Owner: Johnson Family Rev Living Tst 3527 23^'* Ave S Moorhead MN 56560 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, July 8, 2021 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.) The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to land^co.ottertail.mn.us. Written correspondence or emails regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** 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: Parcel No. -16000990844000 Lot 3 BIk 1 of The Peninsulas Section 4, Township 136, Range 41 Township Name - Dora East Spirit Lake (56-501), Recreational Development (RD) Kemp Lake (56-1626), Natural Environment (NE) None - Loc Adj to 30721 Wrigley Cir., Vergas MN 56587 Legal Description: Lake Name/Number/Class: Property Address: (^) ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 H'l" is?': The variance requested is the following: Asking for a 60' OHWL setback instead of a 100' OHWL setback to make a lot buildable for any future development. Kemp Lake is across the road which is a NE Lake & setback from the OHWL cannot be met, variance from lake setback to kemp is needed also. Amy Busko Board of Adjustment Secretary June 24, 2021 Variance application for Parcel 16000990844000, located on Wrigley Circle, East Spirit Lake. Submitted by Mike and Mandy Rosendahl. Phone #218-686-8666 GPS coordinates of property (46.61569, -95.85079). Address to next door neighbor is 30721 Wrigley Cir, Verges MN 56587. This property is owned currently by Maynard Johnson of Moorhead MN, who used to also own the adjacent property to the southwest. I have submitted a signed letter via email to Chris Leclair on May 3^'^. Below is an image of the signed document as well. I have a signed purchased agreement with them to buy this parcel, which is contingent on obtaining a variance to build a house and garage on the lot. To Whom it May Concern We hereby give permission to Michael and Mandee Rosendahl to apply for a site building permit and variance(s) as needed for building a cabin and garage on TBD Wrigley Circle, Verges. MN 56587: parcel number: 16000990844000. All application fees will be paid by Michael and Mandee Rosendahl. Thank you, Eileen and Maynard Johnson Johnson Family Rev. Liv. Trust RCB310M1 RECAP Collection System _ £ .16.0.0.0.R9.Q.8.4.4.0.Q.0............... .2.O.2.2. Mod? _ Calc thru: . .6./.2.2./.2.O.2.I. 184830 Inquiry - General Summary (A) MP#: Total: EMV Deeded acresTaxpayer .J.O.H.N.S.O.N. .FAMILY. .REV, .hI.V,I.N.G. T.S.T. . TMV 179,500 Dist: 1602 TIE Dist: Plat: 01576 THE PENINSULAS Sect Twnshp Range Lot 136 LOT 3 BLK 1 179,500 3527 23RD AVE S MOORHEAD MN 56560-8194 Block Alternate 04 041 Subd: *MOREEscrow NON-HSTD - SEASONAL RES REC Prop Address Adj/ChgOriginal Unpaid BalPaymentsT ^ Net Tax ^ Special Asmt Tot before P&I ^ Penalty ^ Interest ^ Fees * *Totals F2=Tier F14=Legal FI6=Notes F17=APINs F19=OtherNames E24=MoreKeys A=GS B=ASM C=DQ E=TR F=SP H=THST I=PRASC J=COJ P=PA R=ADJ U=CAMA Y=CMP In this variance application, we are applying for/to: 1). Build a 2-story house and garage ^2). Install a WOAS s 3). Haul sand near shoreline to have a 30'X12' sand beach area- Less than 10 cubic yards N 'IM 7 4). Haul fill for buildable area (prep building site). No more than 350 yards. 7 5). Height Variance Buildable Area Variance. We would like to apply for a variance to be able to build on a lot that we are purchasing located on East Spirit Lake. The house would be approximately 2,700 square feet impervious area (2000 square foot house) and a garage size of up to 2,400 square feet impervious area (2000 square feet of garage). We would be looking at a 2-story house. The property is located on East Spirit Lake on Wrigley Circle. On the back side of the lot, across the road is Kemp Lake. Kemp Lake is a lake classified by the DNR as an environmental lake. We would like to be exempt from the setbacks of Kemp Lake since none of this property is located directly on Kemp Lake. Also, we would like a variance for the shoreline setback on East Spirit Lake. We are asking that we would be allowed a 60-foot setback from the shoreline due to the unique shape of the lot. 1). The southwest corner of the lot is the only area of the lot that might meet part of the 100-foot setback for East Spirit Lake. However, this area presents some issues: Al) This area is right next to the neighbor, whose house is right next to the property line (due to a survey error from years ago). The neighbor can't walk around the north side of his house without walking on this property. A2) The neighbors well is located on this property (by accident from years ago) A3) The neighbor has an easement of approximately 12 feet around the well A4) The vast majority of healthy large trees are located in this area. A5) Right around the 100-foot setback mark is an area that appears to have been previously excavated-(around an 8-foot elevation drop that would require additional fill to level off). A) B) If we could have the shoreline setback moved to 60 feet, it would allow the naturally open area of the lot to be built on. It would also allow at least 35-50 trees from having to be cut down. In addition, building slightly closer to East Spirit Lake would allow the natural elevation to keep all/any rainwater on the lot and not change any natural flow or direct anything towards the neighbors or Kemp Lake. 2). WOAS. We would like to install a WOAS following all rules set forth by Ottertail County. 3). Sand beach area. We would like to make a sand beach area near-but not on the shoreline. Total yardage to be less than ten cubic yards of sand. Approximate area would be no larger than 30'X12'. 4). Haul/Fill buildable area. We would like to be able to haul in fill to make the base of the buildable area for the house and garage. Average elevation around the 60-75 foot set back area is around 1,364 feet above sea level. 5). Height Restriction. We would like to have a variance for the height restriction for the house so that if the only buildable area is on the small hill on the southwest part of the lot, then we could still build a 2-story house. Elevation of the area is roughly around 1,372' above sea level. With the location of this lot, any building done on the lot will not block any views of either lake for any of the neighbors. We would request to be able to build a 2-story house wherever our buildable area is determined on the lot. Below I will show scaled drawings of buildable area with setback locations given from Meadland Surveying. Meadowland was not able to provide a scaled drawing in time of the application deadline, so OnX was used to show our proposal. Above image is from OnX. Red X= 60 foot setback from- locations taken from Meadowland Surveying Blue X = 75 foot setback- locations taken from Meadowland Surveying Yellow polygon- approximate area that I would to have be considered buildable (road setback and neighbors setbacks taken into consideration) Two thick red lines- show elevation change of around 8 feet. North red line appears to be man made- perhaps dirt was removed to build house that next to this lot. The same person owned both lots when house next to this lot was built. Light purple- footprint of house impervious area- roughly 68' by 34' Dark purple- footprint of garage impervious area roughly 60' by 40' Light blue dot area- Area of mature trees that I would like to keep- try not to build in this area. View of lot without being marked up. Image is standing at location shown below. I'm trying to show top of the hill, going to the right has an 8 foot drop off, behind the trees it's a steep drop off (from previous excavation?). Going to the left (toward kemp lake and road) has a less steep drop off but has more mature trees that I would like to keep. t:,;_ i.’' mL'l 4■:, ^ i-i M P|][<lsik^M«T7 * ■ »■ " • 7 |^V«j*A.' mmMfJ 4\ A m Viewing buildable area if to include the 60-foot setback. Area is very open and wouldn't require many trees to be taken down. mw y: v: 2.pPc;/^ r »^jlSie $WS#3,. V. :~fi c*', .- , - ■ ' . , . ^ ^ ' H fcliiPiaii^S 5\.r Showing property line and neighbors well, which is located on the property we are trying to purchase. We plan on having the house area and garage area (including impervious surfaces) taped off with different color tapes and rods. This should be completed sometime between June 18-20*'’. A $500 variance application fee has been submitted to Ottertail County via mail on June 14**'. If any additional fees need to be paid for any variance requests in this application please let us know. Michael Rosendahl Date Gll‘ilZOZ\ Mandy Rosentfahl Date IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale dravt/ing. Lot Area (ft*); Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft*Ft*Ft*Ft* Dwelling Deck(s)0 Attached Garage Patio(s)HOP2.006Detached Garage Sidewalk(s)300 Storage Shed Landing(s) WOAS ZO.O ^00Driveway(s) RCU SCOParking Area(s) Miscellaneous IZO Retaining Wall(s) Landscaping (Plastic Barrier)500O Miscellaneous M,730 0O 2,"7 00TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing TotalProposed Lot Area Impervious Surface Ratio Ft*Ft*Total Buildings Ft*Ft* q.2ei%o H.~730 o.oqzeiV.730 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft*Ft*Ft*Ft* “7.H30 50,963.2O H.dtVo7/430 100+-i-X LR: Online Permitting Forms 2016: Impervious Surfctce Calculation Worksheet 04-11-2016 Signature:Date SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & Identify ail existing and proposed onsite shore impact zone impervious surfaces on the scale drawing. Def # 76. Shore Impact Zone (SIZI: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 1)1.4 ), 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. Existing FP Proposed Ft^ Building(s) Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrter)Miscellaneous WqAS O 2^ TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft^Ft2 Maximum Allowable 260 Ft’ 260260O+ LR: Online Permitting Forms 2016 Impervious Surface Calculation SIZ 04-11-2016 7 WH|202.1Signature;Date: I I I I ;I 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 24*^ day of June, 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township ClerkProperty Owner Lake Association Michael & Mandy Rosendahl 20637 330‘^ Ave NW Warren MN 56762 Michael Kratzke, Clerk Dora Township 45494 Co. Hwy 35 Vergas MN 56587 East Spirit Lake Association Spirit Lake Resort 30274 Co. Hwy 4 Vergas MN 56587 City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Big McDonald Lake Improvement Dist,, PO Box 81, Dent, MN 56528 Devils (Noar Perham): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573O^^onald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Big Pine: Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573Pelic/n, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 LU Litt South Turtle Lake: Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: 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 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 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 1FileDated: June 24, 2021 Extra___6Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members PC Member Envelopes iO______ TOTAL NOTICES TO PRINT H ^ □ Added to Agenda □ Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press________ 5 1 MinutesBy: Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Michael Affidavit (56-501 1626) 07-08-21.docx iBuffer Parcels Citv St ZiD Vergas MN 56587 9360 Addr 2Addr 1 44640 County Highway 41 Parcel No 16000090057001 Bonita Sonnenberg Name 1 Name 2 Enderlin NO 58027 952413827 49th St SEAttn Michael T Utke16000990842000 Hidden Lane LLC Vergas MN 56587 935930799 Wrigley Cir16000990843000 Allan R & Myrna J Johnson Moorhead MN 56560 81943527 23rd Ave 516000990844000 Johnson Family Rev Living Tst Fargo ND 58103 78062525 33rd St SW16000990845000 Stephen A & Diane L Fritz Fargo ND 58104 44984273 Conventry Dr S Unit C16000990846000 Langer Properties LLC Fargo ND 58102 21122309 Evergreen Rd16000990847000 Linda J Monge Moorhead MN 56560 79041334 50th St S16000990848000 MaryTobolt Moorhead MN 56560 142516000990886000 Kimberly A Tobolt Et Al 2514 River Dr N Vergas MN 56587 936145225 County Highway 4116000991051000 Gary G & Janet L Ness Tsts Page 1 of 1Tuesday. June 22, 2021 Buffer Mail Address i City, State, ZipAddress 2Name Stephen A & Diane L Fritz 2525 33rd St SW Fargo ND 58103 7806 Gary G & Janet L Ness Tsts 45225 County Highway 41 Vergas MN 56587 9361 Hidden Lane LLC 13827 49th St SE Enderlin ND 58027 9524 Johnson Family Rev Living Tst 3527 23rd Ave S Moorhead MN 56560 8194 Allan R & Myrna J Johnson 30799 Wrigley Cir Vergas MN 56587 9359 Kimberly A Tobolt Et Al 2514 River Dr N Moorhead MN 56560 1425 Langer Properties LLC 4273 Conventry Dr S Unit C Fargo ND 58104 4498 Linda J Monge 2309 Evergreen Rd Fargo ND 58102 2112 Bonita Sonnenberg 44640 County Highway 41 Vergas MN 56587 9360 Mary Tobolt 1334 50th St S Moorhead MN 56560 7904 Tuesday, June 22, 2021 Page 1 of 1 CERTIFICATE OF SURVEYDETAIL A nrWater’s edge and ordinary high water level LOT 3, BLOCK ONE THE PENINSULAS OTTER TAIL COUNTY, MINNESOTApw* 'o/ife _— ^ V4t:- Plat = 104.63’ N87-45’10’W -- 104.63'--------RECEIVED JUN 2 9 2021 LAND & RESOURCE ( Erroneous monument r~plat veySu>'Westerly line of lot 3 ^ofer / On '^oter »ater ^Pnient DNr JL Water's edgeSee DETAIL A and ordinary1““1 high water level I V. . N8745’10“W I 104.63’ Plot = 104.63’ s.V I //// »/^r90.86Q86’ . * .-IS/Westerly line/Ordinary high/, of lot 3I Original platPltjt/water level»I/survey lineI Water’s edge\'r QIOI\1365.7 -O-------l-Or364.7 <Qa366.7\>0«13^8\1365.8 ~3(^1365.9 \ ^ ^1364.5I \ 1365.5 Easterly linew 13’±Y'f \\o of Lot 3\J1364.5\U) 'Sv<3\Oi% Ok\ V %\ Propane tank is 1.7' westerly of the -Ti fC I riL.boundary line. Wood edger is 0.4' westerly of the boundary line.\\\% Rock edger around communication 5 pedestal Area above the ordinary high water level ~ 51,500 sq. ft., more or less \ LEGEND\ • = Denotes iron monuments found. <0> 1364.8= Denotes wood lath set with ground elevation of 1364.8 <0> = Denotes wood lath set. © = Denotes electrical outlet and spigot. A = Denotes wood lath found on January 22, 2021. O = Denotes well. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that / am a duly Licensed Land Surveyor under the laws of the State of Minnesota. SURVEY DISCLAIMER: This survey was prepared without the benefit of either a title commitment, or an opinion of title, or an abstraction of the parcel for easements of record and/or rights of way. Meadowland Surveying. Inc., and the undersigned professional surveyor make no guarantees or representations regarding information shown herein pertaining to easements, reservations, rights of way setback lines, agreements, variances, or other similar matters other than those shown upon this survey or noted upon it. The undersigned surveyor has not made a search of the public records for any titles, deeds, easements, reservations, rights of way. setback lines, agreements, variances, or other similar matters other than what is readily identifiable through the County website. The use of the County website is by no means to be construed as a proper or thorough investigation of the public records as would be accomplished by an abstract of title and/or an opinion of title by an attorney at law. Meadowland Surveying, Inc., and the undersigned surveyor make no representation as to the status of title or easements on the property described herein. 50’100’O’ Orientation of bearing system is assumed. Graphic Scale Scale: 1 inch = 50 feet .pdicotes Joshua P. Pfeffer t,Print Nbme:e ob • 1.9)O09SECTiON(COCOORDS)MEADOWLAND SURVEYING, INC.COMP FILE:■5 Signature:oCLIENT:CUENT:■ooVcccS/T/R:4/136/411118 HWY 59 SOUm, DETRaT LAKES, MN 56501 EMAIL fron tde^Omeadowlandsurve^'ng. com www.meadowlandsurveying. com 218-847-4289 June 25, 2021 57622 EILEEN JOHNSON 3527 23RD AVENUE SOUTH MOORHEAD, MN 56560 MIKE ROSENDAHL 20637 330TH AVE. NW WARREN. MN 56762 Date:DWG FILE:04R05ENDAHL^C0S License ^ COMP BY:JSL I DRAWING NUMBER: T9949—15 DRAWN BY:JSL CERTIFICATE OF SURVEYDETAIL A ~\r Water's edge and ordin high water LOT 3. BLOCK ONE THE PENINSULAS OTTER TAIL COUNTY. MINNESOTA ary level --i?"' V N'202-85 _ ^ —pio* Erroneousplotmonunient Ur*®'veySur Westerly line of lot J ^AST On %7a “ ’S^'e T '-*J 15- . ^Aj^^ L _1 Water's edgeSee DETAIL A and ordinarylevelhigh water Area above the ordinary high water level = 51,500 sq. ft., more or less LEGEND • = Denotes iron monuments found. <Q> 1364,8 = Denotes wood lath set with ground elevation of IJ64.8 O = Denotes wood lath set. © = Denotes electrical outlet and spigot. A = Denotes wood lath found on January 22. 2021. e = Denotes well. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that / am a duty Licensed Land Surveyor under the laws of the State of Minnesota. SURVEY DISCLAIMER: This survey was prepared without the benefit of either a title commitment, or on opinion of iiUe, or an abstraction of the parcel for easements of record and/or rights of way. Meadowland Sur representations regarding information shown herein pertaining variances, or other similar matters other than those shown l O'50'100' Orientation of bearing system is assumed.Inc., and the undersigned professional surveyor easements, reservations, rights of way, setback Hi upon this survey or noted upon it The undersigned surveyor has not made o search of the public records for any titles, deeds, easements, reservations, rights of way. setback lines, agreements, variances, or other The use of the County website is by no means to be public records as would be accomplished by an abstract of title and/or an opinion Inc., and the undersigned surveyor make no representation as to the status of title veying, ’ to Ci moke no guarantees or nes. agreements.Graphic Scale Scale: I inch = 50 feet fydlcotessimilar matters other than what is readily identifiable through the County website, construed as a proper or thorough investigation of the of title by an attorney at law. Meadowland or easements on the property described herein. \Joshua P. Pfeffer/Prin\Surveyng. b o09S£CT10N(C0C00RDS)COMP FILE:■Ic?MEADOWLAND SURVEYING. INC.Sig,CLIENT:CLIENT.S/T/R:4/136/4 J June 23, 20211118 HWY 59 SOUm, DETROIT LAKES, MN 56501 EMAIL frontdeskOmeadowlandsurveylng.com www.meodowlandsurveying.com 218-847--4289 57622 EILEEN JOHNSON3527 23RD AVENUE SOUTH MOORHEAD. MN 56560 MIKE ROSENDAHL 20637 330TH AVE. NW WARREN. MN 56762 License ^DWG FILE:04R0SENDAHL_C0S Dote: COMP BY:JSL DRAWING NUMBER: T9949“15DRAWN BY:JSL