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Home My WebLink About53000270223000_Variances_01-28-2016Variances 2 Barcode 128 1170563 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 02/09/2016 9:19 AM CO CO RECEIVED DEC 1 0 2015 land & RESOURCE LOC^ CNJ . . CO FEE: 46.00 PAGES 3 WELL CERTIFICATE REC'D: N oo L&R Initial 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 Application Fee Receipt Number Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK AV. / /3-IC-l^ 5l -3Cg~)PROPERTY OWNER DAYTIME PHONE /C Ol't'f f \ N\1\l Sc~~) I hlE- MAILING ADDRESS cWocVc LAKE NUMBER ^ S(n-7i LAKE NAME ~ SECTION TOWNSHIP j " RANGE PARCEL NUMBER LAKE CLASS TOWNSHIP NAME E-911 ADDRESS o ro LE<«LOESC™ J O Gcn/-'+ Lof / Ji- ?Y M! T13 z F hfy R.3^l oV^rla- TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback V 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. back corner olc>-3cr\+ mce'l' oiOO V'oi?'i' So ^4 UcL >ll be. 'frc^/K rMc^ PIcaCc bCit+ 1^2 -P"t- -f^orrv KaCjk M vS-c'f t>ac b 'b 4 f'^ iJ3ts cif y^d-cA' ^ ^ rrfx. 0 r q t^c\rCK(j w<x cv >roc^ I7 . 1 UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. PROPERTY OWNER / AGENT FOR OWNER 16l/7/i3 DATESIGNATURE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)X . 345.194 • Victor Lundeen Co . Printers • Fergus Falls. Minnesota V. //n..^3f,TimeDate Of Hearing / Motion Shane Sweere - Variance application approved as requested. (6:34 p.m.) After consideration and discussion, Paul Larson made a motion, second by Jodi Sazama and unanimously carried, to approve a variance of 57’ from the required ordinary high water level setback of 200’ and a variance of 15.1’ from the required road right-of-way setback of 20’ for the placement of garage 143’ from the ordinary high water level and 4.9’ from the road right-of-way as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is a unique shaped lot, the placement of the road and the amount of wet lands on the property, which makes the proposed location the best, if not, the only place for the proposed structure. The variances as granted do not directly or indirectly grant any other variances for the proposed garage. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No L R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday January 28, 2016 The Otter Tail County Board of Adjustment met Thursday, January 28, 2016, with the following persons in attendance: Paul Larson Steve Schierer Kyle Westergad, Land and Resource Management Jeffrey Pabarcus, Assistant County Attorney Thomas Lee Jodi Sazama Rick WilsonWard Uggerud Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Chair and Vice Chair Selection - Steve Schierer, 2015 Chair, called for nominations for Chair of the 2016 Board of Adjustment. Ward Uggerud made a motion, second by Thomas Lee and carried with Steve Schierer voting no, to direct the Secretary of the Board of Adjustment to cast a unanimous ballot for Steve Schierer as Chair of the 2016 Board of Adjustment. Steve Schierer, 2016 Chair, then called for nominations for Vice - Chair of the 2016 Board of Adjustment. Ward Uggerud made a motion, second by Paul Larson and unanimously carried, to direct the Secretary of the Board of Adjustment to cast a unanimous ballot for Thomas Lee as Vice - Chair of the 2016 Board of Adjustment. Minutes Approved - The Board of Adjustment approved the minutes of the December 10, 2015 meeting as mailed. The Board of Adjustment considered the following applications for variance: Shane Sweere - Variance application approved as requested, (6:34 p.m.) Shane Sweere, part of Government Lot 10, Section 27 and part of Government Lot 1, Section 34 of Rush Lake Township by Mud Lake, requested the following: The back comer doesn't meet the 200’ setback. It’s at 143’ from high water setback. It also does not meet the road setback. It will be 4.9’ from road right-of-way. It is the only possible place to build a garage. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made a motion, second by Jodi Sazama and unanimously carried, to approve a variance of 57’ from the required ordinary high water level setback of 200’ and a variance of 15.1’ from the required road right-of-way setback of 20’ for the placement of garage 143’ from the ordinary high water level and 4.9’ from the road right-of-way as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is a unique shaped lot, the placement of the road and the amount of wet lands on the property, which makes the proposed location the best, if not, the only place for the proposed structure. The variances as granted do not directly or indirectly grant any^otjxer variances for the proposed garage. ' SCANNED SURVEY NOTES CERTIFICATE OF SURVEY P.O.C. ^CORRECTIVE TITLE WORK WILL BE NECESSARY TO ACQUIRE GOOD TITLE FOR THIS PARCEL PT. OF GOVT LOT 10 SEC. 27. AND THAT PT, OF GOVT LOT 1 SEC. 34. ALL IN T.135N., R.39W.. OTTER TAIL COUNTY. MN PROPOSED DESCRIPTION > PARCEL A That part of Government Lot 10, Section 27, and that part of Government Lot 1, Section 34, all In Township 135 North, Range 39 West, Otter Tail County, Minnesota described as follows: MACSPIKE 45549 Commencing at the east quarter corner of said Section 27; thence South 01 degrees 13 minutes 59 seconds East, assumed bearing, along the easterly line of said Section 27, a distance of 2610.81 feet to the southeast corner of said Section 27; thence South 88 degrees 53 minutes 17 seconds West, a distance of 94.28 feet to an iron monument, said point is the point of beginning; thence South 59 degrees 00 minutes 33 seconds East, a distance of 70.19 feet to the northwesterly right of way line of State Trunk Highway No. 78; thence northeasterly 42.39 feet, along a non-tangential curve concave to the southeast, the curve also being said northwesterly right of way, having a radius of 1220.92 feet, and a central angle of 01 degrees 59 minutes 21 seconds (chord bearing North 27 degrees 14 minutes 27 seconds East) to the intersection of a line bearing South 88 degrees 53 minutes 17 seconds West from said southeast corner of Section 27; thence North 88 degrees 53 minutes 17 seconds East, a distance of 14.69 feet to said southeast corner; thence North 01 degrees 13 minutes 59 seoxtds West, along said easterly line, a distance of ^ 244 feet, more or less, to the waters edge of Mud Lake; thence southwesterly along said waters edge to the intersection of a line z bearing North 59 degrees 00 minutes 33 seconds West; thence South 59 degrees 00 minutes 33 seconds East, a distance of 250 ' feet, more or less, to the point of beginning. % % -H Ito 5 OTTER TAIL RIVER Subject to easements, restrictions, reservations of record. If any. CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am duly Licensed LandAirveyor under the laws of the state of Minnesota. <acirRosenthal, PLS, 50732 ■or eRr>4 eK/W LINE SCTBACK 20 FEET SIDE LOT SOBACK 10 FEET OHW SETBACK ~ NE LAKE 200 FEET --5^1 +\43874 S.F.>+-VCAP 6174'DOC. NO. I043H3A:--,-AR£A UNDERONSTRUCTION IRON EXCEPTION FROM G0V7 LOT 10 - DOC. NO. 1043113 26 XS88-53’17”W 619.18 •------sF 'r imh pipf 524.90 , r SQUARE /SEE DETAIL PIPE 2.41N4Cr5fl’30V /DOC. NO. 1043113 ADDITIONAL REAL ESTATE DESCRIPTION HAS NO BASIS OF BEARING /S or FOUND /T/2' IP''^'BUILDING \^5' JSUBACK'H'/14.69 I\/ 'Se CORNER94.28(M)-/""0 ionso SECTKW 27 OWENTATION Of IHIS BLARING SYSTTM )S OTTLH TAIL COUNTY COORDINATES CURVE TABLE Cl AN=Or59*21”CH=42.39 LEGEND R«1220.92 L=42.39 \ CH BRG=N27*14'27"E \ FOUND IRON SET REBAR CAP 50732 - PROPERTY LINE . ADJOINING OWNER LINES - SECTION LINE - EXISTING WATERS EDGE - BUILDING SETBACK i BUILDING ^ ORDINARY HIGH WATER LINE WETLAND AREA AREA UNDER CONSTRUCTION O DETAIL or FOUND1/2-’4•NOT TO SCALE*r "> »'*Tn/-----K.* —/ //////Received ® 10 ?orj \DOC. NO. 1054559 f1/o / compassconsultants inc. Perham, MN 218-.?46-3600 TrustCompass.com \.-/I I U.MdI ■^RTgassfcE/ SHANE SWEERE IMPERVIOUS SURFACE CALCULATION List & identify all existing & prodpsed onsite impervious surfaces on scale drawing. yLot Area (ft^):Date:Signature: Other Impervious SurfaceBuildings ProposedExistingi-x2ProposedExisting Ft^Ft^FtFt 3iifoDeck(s)Dwelling < >t /SOPatio(s)Attached Garage w oLU c r>> ^ OLU = S oLu C-> Sidewalk(s)Detached Garage Landing(s)jEqqstorage Shed vv glS&)Driveway(s)WOAS Parking Area(s)RCU LU Retaining Wall(s)Miscellaneous tr ooz Landscaping (Plastic Barrier)5 Miscellaneous C^oTOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Total Lot AreaExistingProposed Ft^Ft^Ft^Ft^Total Buildings TSB^ 100X+-r Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Impervious Surface Ratio Lot AreaTotal Buildings + Other Impervious Surface Existing i-a.2 Proposed Total Ft^Ft^Ft^Ft qSQO 70 100+x-j- Impervious Surface Calculation Worksheet 03-25-2014 Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us omn Tfiii Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Shane Sweere 34989 State Highway 78 Ottertail, MN 56571 has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, January 28, 2016 at 6:30 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 10, Section 27 and part of Government Lot 1 Section 34, Property Address - 34989 State Highway 78 Section 27/34, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-215, Lake Name - Mud, Class - NE The variance requested is - the following: The back corner doesn’t meet the 200’ setback. It’s at 143’ from high water setback. It also does not meet the road setback. It will be 4.9’ from road right-of-way. It is the only possible place to build a garage. Wayne Stein Board of Adjustment Secretary January 5, 2016 WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^'^ & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # Q-lo 3^0.^00 0 Var'iCXnr.Pdescribed in my dated p/n /l.S Application Since this is the case, it may not be possible for Otter Tall County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: 1 agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I—I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). I9J1 DATED _ RECEIVED DEC 10 2015 LAND & RESOURCE perTy owner 01-03-2011 Mbowman app &forms- waiver 60 day rule OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 5th, day of January, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Shane J Sweere, 34989 State Highway 78, Ottertail, MN 56571 Francine Guck, Twp Clerk of Rush Lake, 45671 County Highway 14, Perham, MN 56573 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 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Jodi L Sazama, 650 Third Ave SE, Ste 4, Perham, MN 56573 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: January 5th, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud 1 t I r SCHERMANTST 34961 STATE HIGHWAY 78 OTTERTAIUMN 565719448 RDOFFUTT CO PO BOX 7160 FARGO, ND 58106 7160 RAYMOND I ALBERTYTST 34501 STATE HIGHWAY 78 OTTERTAIL, MN 56571 9448 SHANE JSWEERE 34989 STATE HIGHWAY 78 OTTERTAIL, MN 565719448 UNITED STATES OF AMERICA ^ SCAfJNED