HomeMy WebLinkAbout47000300201000_Variances_10-06-2011Ill Ill Ill llll lllll I Ill 111111111111111
Variances
2
Barcode 128
1098639
Date Stamp DOC# 1098639
\0-l.D-2O l \
1111111111111111 IIIIIIIII
OFFICE OF COUNTY RECORDER 1098639
OTTER TAIL COUNTY, MINNESOTA Fee: $46.00
Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd
October 14, 2011 9:45 AM
Wendy L. Metcalf, Recorder
Returned To:
C\~ ..:> u C l
L&R Initial~._,~----
LAND & RESOURCE
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
1/J VtJJ·bO Application Fee _____ _
COMPLETE THIS APPLICATION IN BLACK INK Rece;pt N,mbec /J.{/;p'J~ "'6htJJ
Accepted By / Date W> Cl/j_ 'I /t I
PROPERTY OWNER 0/ bo ells and___&vb lu:d.LtJ~E PHONE 3 o--72/.t; '.3CJ9 r
MAILINGADDRESS ,; 3) iii fr~ MCLdisk/ Mlu S&fl~{p
LAKE NUMBER 5i-1 L/: / LAKE NAME ~ LL<;; h LAKE CLASS _G_b __ _
SECTION 0 0 TOWNSHIP l 3 5 RANGE 03 e TOWNSHIP NAME ____ o ____ +_+_· _o ______ _
~~~~~~ 8 Ll700o300701000 !~~~Ess 05tc>9 ~QL,[uuYl 'W
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TYPE OF VARIANCE REQUESTED (Please Check) V Structure Setback _ Structure Size _ Sewage System _ Subdivision _ Cluster _ WECS _Misc._
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
We propose to leave the boat house foundation at its current height which is approximately 12 inches
less than the standard height. The site has been inspected and all other site requirements have been
met. An additional 12 inches would be prohibitive and impractical for the entrance into the structure as
intended for water craft storage. By adding 12 inches to make it accessible would require hauling fill
and putting land surrounding the building on grade. This would result in diverting water after heavy rain
into the adjourning property, who already deals with ponding issues. ( flu w~t }k~'fh f", S -Z.~-..
Y-Cf>U\V'C.0 h+--6 +~. ~vie, ~For-l.~-foY ~~(\.
Also, a variance would maintain the essential characfer of the locality with adjoining property with a.»O"V'C-o~9
similar structures at the proposed height. (see photos)
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE I SETBACK ORDANAN D 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.
1 DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345,194 • v,clor Lundeen Co Prinlers • Fergus Falls, Minnesota
Date Of Hearing _ ____..,Lb __ ~....&L.:J~..__.,L=-------~-~_I/ ____ Time __ 1_·¥_?._/tf) __ 1
_
Motion
Charles and Barb Ludvigson -Denied the application as submitted. (7:47 p.m.)
After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and carried with Leona
Zimmerman voting no, to deny the variance as requested as no adequate practical difficulty unique to the applicants' property had
been shown that would allow for the granting of the variance as requested. The general opinion was that the practical difficulty
was self-imposed and the additional 1' of elevation would not be unsightly.
Permit(s) required from Land & Resource Management
___ Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR -~-· ___ /_l.~IJ_,'r'-' ll~'--+/;~1/,_1/ __
L R Officialt6it'e '
bk 072011-001
Form No, 27-M QUIT CLAIM DEED 1 0 0 0 1 9 1
lndlviduaf(.11) lO lndMcw.1(1)
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( V) filed ( · ) not required
Certificate of Real Estate Value No. ~ 8
Date: ~ q Q ~--
·fJ/ t1,tp.V ~= ~ County Auditm
OOQ Deputy
DEED TAX DUE: $ ___________ _
Date:. _________________ _
.-fOR VALUABLE COfSIDERATION,
,., __ i' .l~
h
S-ee A+-f-a.ched Le~a-\
together with all hereditaments and appurtenances.
Check box if applicable:
Booth Oocurn.nta & Publ Co.
Mlnnea0ta Uniform Convoyandng Bianka (1-15-Dn
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I ~ereby certify that 1000191 thrs Instrument# ______ _
was filed/recorded in this office
for day_of
ml m
brf:s~~~~~~ll.lty'
(reserved for recording data)
O The Seller certifies that the seller does not know of any wells on the described real property.
0 A well disclosure certificate accompanies this document. /.-------. ,a I am familiar with the property described in this instrument rnd I certify that the status and nurn~,f we~ on the
described real property have not changed since the last pr:v~J: discure certifica: . 4
NI¥" Ql;.!wrr TA~L Affix I9&1JT~c>f!'t:f{t~ fl§T_A STA f 'f,, tf.t OEEDTA~J~~•~ NUM~~\!.!.,:...._
OATE~--(9...!'.; -
LUI
STATE OF MINNESOTA }
-COUNTY OF L;:\~'3 55
•
This instrument was a~
0
owl!!dge_ d bef~re me on __ i...c'hcv-_,_,_~-~c...,h.'--_ ........ .....:.~..._j~---~J.=0_0_6 __________ .
.... by Pv+.'<'.t= C, L--lvi""l .:'L 1'.l·n d, l)r l),,r,L A LLkm
___ __,hc.....L..:Uc..,.~-S ... · ~w=·~/JD~~&=----'~'>'-·.~tA,~1 _.;:fR.=.-... -1'-------------,--=--------'' Grantor(s),
NORTARIAL STAMP OR SEAL (OR ~THER TITLE OR RANI<)
I SARA J. TJOSAAS I
Notary Public ' State of North Dakota
Mv Commission Exoires Mar. 10. 2012
THfS INSTRUMENT WAS DRAFTED BY (NAME and ADDRESS)
C had.es ~ l3Q(htril LLJu1·; GtFf\
/&3.)... ICf J ~ ~
'Ma!l~ · MiJ
I 5 (R -z_s.,b
SIGNATURE
Check he~e if part or all of the land Is Registered (Torrens) O
Tax Statements for the real property described in this
instrument should be sent to (include name and address
of Grantee):
C,htJ.-rlts ontl &/\'.Jave,. UAJuiqS"of\
fr,~~ 1'11 ~ -/lift--I
fv\Jt~OY\ yq,,J 5f#'J,,5~
i '
All that part of Government Lot 2, Se,:;tion 30, Township 135, Range 38, Ot1er Tail CotIrity, Minnesota, described
as follows:
Commencing at the southeast comer of said Government Lot 2; thonce on an assum;;d bearing at North 2
degrees 06 minutes· 40 seconds Wa!:t along the east line of said Government Lot 2, a distance of 493.00 feet:
thence on a bearing of West, parallel with the south line of said Section 30, a distance c,! 664.70 feet to the point
of beginning of the land to be described; thence on a bearing ot East, parallel with said south line of Section 30, I
a distance of 200,00 feet to the we!itorly lino or said ALMAR ACRES, according to tho recorded plat ther.eof; 11 ()'
thence South 9 degrees 48 minutes 00 seconds East along said westerly line, a distance of 30.44 feet to the / /;
southwest corner of said ALMAR ACRES; thence on a bearing of Wast parallel with said south line of Section
30, a distance of 301.44 feet; thence North 9 degrees 58 minutes 00 seconds West a dlstance of 41 s·feet moro
or less to the shoreline of Rush Lake; thence northeasterly along said shoreline to the intersection with a line
which bears North 09 degrees 58 minutes 00 seconds West from the point of beginnin~1; thence South 09
degrees 58 minutes 00 second~ East a distance of 431 feet more or less to the point 1ll beginning.
Subjac: to easements and reservations of recl)rd. if any. Reserving an ingress and enress easement over that
r,art of said Government Lot 2, described as follows:
Comm,mcing at the southeast corner of said Government Lot 2; thence on an assumed bearing of North 2
degreos 06 minutes 40 seconds West along the east line of said Government lot 2, a cjistance of 493.00 feet;
thence on a bearing ot West. parallel with tho south line of said Section 30, a distanctJof 664.70 feet to the point
of begjnning of the land to be described; thence on <1 bearing or East, parallel with said south line of Section 30,
a distance of 200.00 feet to the weslerly line of said ALMAR ACRES, according to the recorded plat thereof;
thence South 9 degrees 48 minutes 00 seconds East along westerly line, a distance o, 30.44 feet to the
southwest corner of·sald ALMAR ACRES; thence on a bearing of West parallel with ~aid south line of Section
30;a distance of 301.44 feet; thence North 9 degrees 58 minutes 00 seconds West a <listance of 30.46 feet to
the intersection with a line which ooars Wost from the point of beginning; thence on a bearing of East a distance
of 101.53 feet more or less to the point of beginning.
S.t~~!A J. T JOSAAS
Notary Public
Stole of North Dakota
My Commission Expires Mar. 10, 2012
( 12230.PF0/12230/21)
----··---·--·-·
Wayne Stein
From:
Sent:
Kathy Murphy <rushlakekathy@yahoo.com>
Sunday, September 25, 2011 6:22 PM
To: Wayne Stein
Subject: Ludvigson Variance Request
To Whom It May Concern:
I am writing regarding the request for a variance made by Charles and Barbara Ludvigson for their property
located at 46569 Jackson Road, Ottertail, MN. My husband and I live year-round next door to this
property. We are unable to attend the October 6 meeting, but would like to pass along that we are 100% in
favor of granting this variance. Not granting the variance would force the Ludvigsons to add another foot of
cement to their proposed structure, making it look very odd and out of place. We already deal with unsightly
seasonal campers right alongside on our west property line; we really don't want an issue on the east side as
well. Even more importantly, we have experienced serious standing water issues on our property this
summer. .. more so than the Ludvig'sons. If they are forced to add the additional foot and grade, we might get
even more water on our property.
Please approve their request.
Thank you for your consideration.
Kathy Murphy and Dean Laager
46549 Jackson Road
Ottertail MN 56571
1
. ' .. SCAUE DRAWING FORM
I ECf lVED
JUN O 6 2011
Tax Parcel Number(s) l,.AND & RESOURCE
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
I
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P,Ct·h'z:> I~ >Ci!_
I? lHvt-b t..L.h, l n-5
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Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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I Date
338,596 • VlclOJ Lundeen Co~ Pdn1e1s • Fergus ans. MN • 1-1300-346-4870
t
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L
IMPERVIOUS SURFACE CALCULATION WORKSHEET: .... . ..,
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Structure(s): I J---D Ft2 .../'
Deck(s): cp Ft2
Driveway(s): 1qeo Ft2
Patio(s): 33~ Ft2 ✓
Sidewalk(s): 150 Ft2
Stairway(s): :\5 Ft2
Retaining Wall(s): jOb Ft2
Landscaping: <P Ft2
(Plastic Barrier) ~ Other: Ft2
TOTAL IMPERVIOUS SURFACE: ~J~, _l~I _/ --Ft2
-~_Si_, _O(;_O __ Ft2 LOT AREA:
3 111 +_~_-s.f--. o_o_o_ =
TOTAl IMPERVIOUS SURFACE LOT AREA
X 100 = /J-1 / )_(p % ----------1 MP ERV IOU S SURFACE RATIO ~·'2--'\
SITE PERMIT
INSPECTION RESULTS
Inspector must mako all measurements and computations
; R Yz I ;::;r B-0 -~-
Structure Set Back from Ordinary High Water Level & 7 t Ft.
Structure Set Back from Top of Bluff -Ft.
Structure Set Back from Road Right of Way . .., -Ft.
Structure Set Back from Lot Lines le, 7 _1 Ft. & /1/~ Ft.
Structure Height .. , L ,~ 1 1:, Ft.
--
Structure Set Back from Septic Tank /60 I Ft.
-
Structure Set Back from Drainfield / ', L.
_,( Ft.
Elevation Of Lowest Floor Above Ordinary 7 1 ~ Ft. High Water Level
Land Slope at Building Site ----%
Ft.
Ft.
Ft.
Ft. & Ft.
Ft.
Ft.
Ft.
Ft.
%
Inspector's Comments I Sketch: ------~~-----------------=-~--------c___ ____ _
--Dl-1~ --------------
h¼[r ~ -
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Inspector's Signature
7 -Z.S,...· I I
Date of Inspection
( ; ·I
'J DU Time of Inspection )
I jfv-J □ Project Approved
te l Initial
·----_.
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:
Charles and Barb Ludvigson
1632 191 Ave
Madison, MN 56256
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls
Ordina·nce. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, ·Octo:ber 6, 2011 at 7:30 p .. m~,
in the Commissioners' Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the
public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor's office prior to the date of the
public hearing. ·
The property concerned in the application is legally described as
part of Government Lot 2,
Property Address -46569 Jackson Road
Section 30, Township 135, Range 38 -Township Name -Otto
Lake No. 56-141, Lake Name-Rush, Class -GD
The variance requested is -
the following: We propose to leave the boat house foundation at its current height which is approximately 12" less than
the standard height. The site has been inspected and all other site requirements have been met. An additional 12" would
be prohibitive and impractical for the entrance into the structure as intended for water craft storage. By adding 12" to
make it accessible would require hauling fill and putting land surrounding the building on grade. This would result in
diverting water after heavy rain into the adjourning property, who already deals with ponding issues. Current height is 2'. · ·
Required height is 3'. Seeking variance for 1' for elevation above ordinary high water level.
Date: September 15, 2011 'Wayne Stein
Board of Adjustment Secretary
I.
State of Minnesota )
)SS
County of Otter Tail)
OTTER TAIL: COUNTY
Fergus Falls, Minnesota
I, Wayne Stein, Secretary for the Board :of Adjustment for Otter Tail County, Mirtnesota, 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:
Charles D & Barbara Ludvigson, 1632 191 st Ave, Madison, MN 56256
· Rush Lake Assoc., Inc., PO Box 42, Perham, MN 56573
Dyann Tigges, Twp Clerk of Otto, 51344 385th St, New York Mills, MN 56567
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 1st Ave N., Fergus Falls, MN 56537
DNRRegional 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 55533:.9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harri$; 35387 Northern Lights Tri, Richville, MN 56576-9672
Le.ona 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 th~ individuals
listed above and/or listed in the attachment.
Dated: September 19, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By, IL .m ~ ..ll4, Cb .Q
Vi Manderud
DAVID B & JENNIFER J ARNOLDY
46724 WINTERGREEN RD
PERHAM MN 56573 8342
HARDING TST #1
10770 55TH PL N
PLYMOUTH MN 55442 1930
DEAN LAAGER & KATHLEEN MURPHY
46549 JACKSON RD
OTTERTAIL MN 56571 9529
CLARENCE J & DOLORSE SCHOMMER
,··.:1830 FOUNTAIN LN
. ·PLYMOUTH MN 55447 2725
STEFFENS TST
505 OAK AVE SE
· SAINT MICHAEL MN 55376 9702
TO THE PUBLIC
JOHN A & GAIL E ARNOLDY
6019 BIRCHDALE RD
BRAINERD MN .56401 6852
JUDITH A HELCL
46465 BOYS SHORE RD
OTTERTAILMN 56571 9525
CHARLES D & BARBARA LUDVIGSON
1632191ST AVE
MADISON MN 56256
CRAIG G SMITH
46461 BOYS SHORE RD
OTTERTAIi.!'. MN 56571 9525
CATHLEEN M ARNOLDY SWISHER
4342 MEADOWBROOK RD
PO BOX 62065
OJIBWA WI 54862 0065
BOSAK LAKE CABIN
ATTN GREG & ANGIE BOSEK
8001 OAKPORT ST N
MOORHEAD MN 56560 6643
ROGER & SHARON C KRAUSE
46730 COUNTY.HIGHWAY 54
OTTERTAIL MN 56571 9528
KATEY MAURER ET AL
333 MAPLE DR
FOLEY MN 56329 8754
JAMES L & SHARON SMITH
444515TH AVES
MINNEAPOLIS MN· 55407 3648
RICHARD G & CAROL J TAGGART .
34066 620TH AVE
WADENA MN 56482 3116
October 6, 2011
Page# 3
Duane and Denise Mischel -Continued. (7:30 p.m.)
The motion as offered did not directly or indirectly grant any other variances for Lot 1 Block 2. It was noted that this
motion was offered to provide an opportunity for the property owner to enjoy the same rights and privileges as others
in this immediate area. The motion denied for lack of a second. After additional consideration and discussion, Steve
Schierer made a motion, seconded by Thomas Lee and unanimously carried, to deny the variance as requested as no
adequate practical difficulty unique to the:applicants' property had been shown that would allow for the granting of the
variance as requested and the granting of the variance as requested would create a grnssly substandard lot. This is a
new plat and a condition of the plat is that Lot 1 Block 2 is to be considered a nonbuildable lot.
Pamela Hovland -Application approved as requested. (7:42 p.m.)
Pamela Hovland, Lot 10 South Lida Shores, Lake Lida in Maplewood Township, requested a variance of 15' from the
required ordinary high water level setback of 75' for the construction of a dwelling 60' from the ordinary high water
level. Cory Reinertson, 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, Paul Larson made a
motion, seconded by Steve Schierer and unanimously carried to approve a variance of 15' from the required ordinary
high water level setback of 75' for the construction of a dwelling 60' from the ordinary high water level. The practical
difficulty is the terrain of the applicant's property. The applicant proposal is moving further back and is an
improvement over the existing development.
vharles and Barb Ludvigson -Denied the application as submitted. (7:47 p.m.)
Charles and Barb Ludvigson, part of Government Lot 2, Section 30 of Otto Township by Rush Lake, requested the
following: We propose to leave the boat house foundation at its current height which is approximately 12" less than
the standard height. The site has been inspected and all other site requirements have been met. An additional 12"
would be prohibitive and impractical for the entrance into the structure as intended for water craft storage. By adding
12" to make it accessible would require hauling fill and putting land surrounding the building on grade. This would
result in diverting water after heavy rain into the adjourning property, who already deals with ponding issues. Current
height is 2'. Required height is 3'. Seeking variance for 1' for elevation above ordinary high water le,vel. The
audience was polled with no one speaking for or against the variance as requested. An email from Kathy Murphy and
Dean Laager in support of the variance as requested was read for the reco'rd. After consideration and discussion,
Randall Mann made a motion, seconded by Steve Schierer and carried with Leona Zimmerman voting no, to deny the
variance as requested as no adequate practical difficulty unique to the applicants' property had been shown that
would allow for the granting of the variance as requested. The general opinion was that the practical difficulty was
self-imposed and the additional 1' of elevation would not be unsightly.
Jacobson Family Revocable Living Trust -Application approved as requested. (7:58 p.m.)
Jacobson Family Revocable Living Trust, Lots 16, 17 and 18 Fair Oaks, West Battle Lake in Girard Township,
requested the following: I request a variance from the conveyance of a platted and now substandard lot which was
mistakenly conveyed from the ownership of Dean Jacobson, Jr., to the Jacobson Family Revocable Living Trust. The
Trust has since conveyed the property to Paul and Kristina Kostelecky, but because adjoining Lots 16 and 17 of Fair
Oaks are also owned by the Trust, the deed of conveyance was not allowed to be recorded. I would request that Lots
16 and 17 be a residential buildable lot and that Lot 18 be a separate residential buildable lot., There are no other
owners in the plat of Fair Oaks whose total ownership exceeds 150 feet by approximately 150 feet, which would be
the remaining size of Lots 16 and 17, the size of the remaining parcel owned by the Trust if the variance for the sale of
Lot 18 is granted. We simply ask for the same rights and privileges as other owners of the plat. We might also point
out that Dean Jacobson had Alzheimer's and Iris Jacobson was a vulnerable adult when she signed the deed. If the
variance is not granted, we will have to go through a court procedure to have the deed vacated, which we are
confident will be accomplished, but granting the variance will save the owners substantial time and expense.
I would request that Lots 16 and 17 be a residential buildable lot and that Lot 18 be a separate residential buildable
lot. Kristian Svingen, Attorney and Diana L. Johnson, applicant's daughter represented the applicant at the public
hearing. The audience was polled with Marvin Rapp and John Halting speaking for the variance as requested. Letters
and/or emails from Thomas Weiss, Lynda Merry, Elizabeth Harrison, Stan Nelson, Marvin Rapp, Tim Matz, Jo Matz,
Michael Anderson and Karen Anderson in support of the variance as requested were read for the record. ·