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HomeMy WebLinkAbout53000990571000_Variances_09-13-2018Variances Barcode 128 SCANNED Date Stamp 1212990 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/10/2018 09:45 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N flECElVED g AUG 1 3 2016 l^SRESOonCi .ng L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE f COUNTY OF OTTER TAIL Government Services Center, S40 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOfTCRnil Application Fee \^0{) ^ Receipt Number \ DateAccepted by Property Owner /Vl. a7 ___________________________ Name Address City State Zip Daytime Phone \3^‘Sia 3.( r^LL I *tEmail Parcel Information RiA^U LAK>72DLake No Lake Name Lake Class S2£Lans^cL£3inoc^ 6 ^OOOlV OS7000O Parcel Number(s) Parcel Number(s) L^3iM__ /TAme 0.3? LOTS !i H- 5'Q yL£.N 7VIX too n R ~'P,g(g P(A m 7~m TYPE OF VARIANCE REQUESTED (Please Check) Township N^me ;al Description Section ..i.- “Deci <)>Physical Address Ki>WStructure Setback mStructure Size Sewage System Subdivision Cluster WECS Miscellaneous 1 I SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. I have two contiguous lots (Sec 13 Twp 135 Range 039, Lot 1 BIk 1 and Lot 2 BIk lof Squires Addn), not on Rush Lake but within 1000 feet of Rush Lake. Lot 1 contains a residence and a storage building and is 21,000 sq ft. Lot 2 is vacant and is 23,000 sq. ft. I wish to sell Lot 2 but retain a 15 ft strip along the west side to be permanently attached to Lot 1. Therefore Lot 1 would have 23,800 sq ft and Lot 2 would be 20,100 sq ft. The buyer has three contiguous lots on Rush Lake (Sec 13 Twp 135 Range 039 Lots 3 and 4 of Oak Grove Beach parcel number 53000990306000 and Lot 5 of Oak Grove Beach parcel number 53000990307000) totaling 32,000 sq ft. Lot 2 as modified above, would be permanently attached to riparian lots 3,4 and 5 Oak Grove Beach, Lot 2 Squires Addn would be for Non-Residential Use. My remaining Lot 1 Squires Addn as modified above to remain as a buildable residential lot. 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 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MAN^EMENT REGARDING THIS MATTER^^ //3% / / DATEOPERTyO'SIGNATURE OF PROPE OWNER/AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Tiine of Hearing) TimeDate of Hearing )S- Motion James Simpson - Variance application approved as requested. (7:10 p.m.) After consideration and discussion, Darren Newville made a motion seconded by Doug Larson and unanimously carried, to approve the variance as described in the variance application dated August 13, 2018 and as depicted on the drawings submitted with the variance application. It was noted that variance as approved does not increase the number of building sites on the lake. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management Copy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 / 911007 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 911007 was flted^recorded in this office for reco No deiinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required. Certificate of Real Estate VcdueMo-------------------------;— 070911 ^^ ' (Year) Wayne Stein, County Auditor Wendy 1by:ch ledbnflng fee well oertiflcale-tocby Deputy Minnesota Uniform Conveyancing Blanks (1989)TRUSTEE'S DEED By Individual(s) to Joint Tenants STATE DEED TAX DUE HEREON: $445.50 Date: August 16, 2002 ••A FOR VALUABLE CONSIDERATION, Sue E. Winters and Jeffrey A. Berg, as Trustees of the Bennett C. Berg and Mary Lou Berg Irrevocable Trust u/d/t August 1, 1997, Grantors, hereby convey to James J. Simpson and Ronda L. Simpson, Grantees, as Joint Tenants, real property in Otter Tail County, Mirmesota, described eis follows: 5^-000 - ‘Pf- D ^TO-ooO Lot 1, of Block 1, of Squires Addition, lying within and being a part of Government Lot 4, of Section 13, Township 135N, Range 39W, of Otter Tail County, Minnesota. AND 5^-oco- Lot 2, of Block 1, of Squires Addition, Otter Tail County, Minnesota, according to the certified plat thereof on file and of record in the Office of the County Recorder in and for Otter Tail County, Minnesota. ___Check here if all or part of land is registered (Torrens) together with all hereditaments and appurtenances belonging thereto. This deed shall convey all after-acquired title of the Grantors. Check box if applicable: □ The Seller certifies that the Seller does not know of any wells on the described real prop>erty. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. n county or OTTER tail -4 TRUSTEES Sue E. Winters Affix Deed Tax Stamp Here i I »I STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing was acknowledged before me this 16th day of August, 2002, by Sue E. Winters, as ^J997,Trustee of the Bennett C. Berg and Mary Lou Berg Irrevocable Trust u/d/t Au Grantor. JLC. Signature of Person Taking Acknowledgment NOTARIAL STAMP OR SEAL DENISE OVERLAND Notary Public < Minnesota 31, 2005STATE OF MINNESOTA ) ) ss. COUNTY OF OTTER TAIL ) The foregoing was acknowledged before me this 16th day of August, 2002, by Je: Trustee of the Bennett C. Berg and Mary Lou Berg Irrevocable Trust u/d/t Augi^ 1, \997, Grantor. A. Berg, as :Signature of Person Taking Acmowledgment NOTARIAL STAMP OR SEAL ' DENISE OVERLAND t Notary Public fMinnesota p My Commismon fitfuies Jan. / * THIS INSTRUMENT WAS DRAFTED BY:Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee); James J. Simpson and Ronda L. Siihpson lOOl^ L.^d;a- VCoLio^s. i3j. THORNTON, HEGG, REIF, DOLAN & BOWEN, P.A. 1017 Broadway, P.O. Box 819 Alexandria, MN 56308-0819 File #97-782B i 2 Yvonne Nordick - Variance application approved with conditions. (6:55 p.m.) Yvonne Nordick, Lot 9 Peach's Silent Lake Beach, East Silent Lake in Dora Township, requested the following: In the summer of 2016 1 had screen installed to connect the existing deck with the existing roof and constructed an 8’ x 10.5’ storage shed onsite. Requesting a variance for the storage shed which was placed 4’ from the lot line and Approximately 56’ from the ordinaiy high- level. Required setback is 10’ to the Lot Line and 100’ to the ordinary high-water level. The shed was placed in-line with the existing shed. Requesting a Variance for the screen porch being approximately 25' from the ordinary high water-level. Required setback is 100’ from ordinary high-water level. Currently the existing Impervious Surface Calculation in the Shore Impact Zone (SIZ) is 994.5 square feet. Asking for a 734.5 square feet variance for impervious surface in the shore impact zone. The maximum allowable is 260 square feet of impervious surface coverage in the shore impact zone. Pete Larson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter/email from Sonja Rosier in opposition to the variances as requested was read for the record. An email from Jean Johnson opposing the variances are requested was read for the record. After consideration and discussion, Thomas Lee made a motion, seconded by Jack Rosenthal and unanimously carried, to approve a variance of 75’ from the required ordinary high water level setback of 100’ for the placement of a screen porch 25’ from the ordinary high water level, a variance of 734.5 square feet from the maximum allowable impervious surface coverage within the shore impact zone of 260 square feet for total impervious surface coverage within the shore impact zone of 994.5 square feet and a variance of 44’ from the required ordinary high water level setback of 100’ for the placement of an 8’ by 10.5’ storage shed 56’ from the ordinary high water level and at least 10’ from the side lot line with the applicant’s verbal agreement to move the 7.5’ by 10’ metal shed, which is to the east of the new 8’ by 10.5’ shed 10’ from the side lot line. It was noted that if the older existing 7.5’ by 10’ metal shed’s condition is such that it cannot be moved without being significantly destroyed then the applicant can replace that older shed with a new 7.5' by 10’ shed; however, it must be placed 10’ from the side lot line. The variances as approved to do directly or indirectly grant any other variances for future development. James Simpson - Variance application approved as requested. (7:10 p.m.) t James Simpson, Lots 1 and 2 Squire’s Addition, Rush Lake in Rush Lake Township, requested the following: I have two contiguous lots (Section 13 Township 135 Range 039, Lot 1 Block 1 and Lot 2 Block lof Squires Addition), not on Rush Lake but within 1000 feet of Rush Lake. Lot 1 contains a residence and a storage building and is 21,000 square feet. Lot 2 is vacant and is 23,000 square feet. I wish to sell Lot 2 but retain a 15 ft strip along the west side to be permanently attached to Lot 1. Therefore Lot 1 would have 23,800 square feet and Lot 2 would be 20,100 square feet. The buyer has tlmee contiguous lots on Rush Lake (Sec 13 Township 135 Range 039 Lots 3 and 4 of Oak Grove Beach parcel number 53000990306000 and Lot 5 of Oak Grove Beach parcel number 53000990307000) totaling 32,000 square feet. Lot 2 as modified above, would be permanently attached to riparian lots 3,4 and 5 Oak Grove Beach, Lot 2 Squires Addition would be for Non-Residential Use. My remaining Lot 1 Squires Addition as modified above to remain as a buildable residential lot. David Simpson appeared with 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, Darren Newville made a motion seconded by Doug Larson and unanimously carried, to approve the variance as described in the variance application dated August 13, 2018 and as depicted on the drawings submitted with the variance application. It was noted that variance as approved does not increase the number of building sites on the lake. The variance as approved does not directly or indirectly grant any other variances for future development. Eric Spilde - Variance application approved as requested. (7:15 p.m.) Eric Spilde, Lots 4 and 5 West Loon Lake Beach , Loon Lake in Dora Township, requested the following: Existing cabin was built in 1972 and would like to remove and build a new home on the lot that is larger than existing with expansion to the back and side and make two stories. Existing deck structure is 35 feet from ordinary high-water level, existing cabin is at 45 feet from ordinary high-water level at the closest point which does not meet the 100-foot setback requirement. Due to lot shape and size, existing garage at the back of the lot, septic design and lot drainage for neighbors, cannot meet the 100-foot setback from the ordinary high-water level with a new structure. We request a variance that would move the building back farther than existing, moving out of the shoreland impact zone with the patio starting at 50 feet from the ordinary high-water level at its closet point and the cabin starting at 60 feet at its closest point from the ordinary high-water level. Rhonda Spilde appeared with 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, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve a variance of 50’ from the required ordinary high water level setback of 100’ for the placement of the proposed development as described in the variance application dated August 16, 2018 and as depicted on the drawing labeled “Proposed” being no closer to the ordinary high water level than 50’. Hardship/practical difficulty is a substandard lot of record. The proposed development will be outside of the shore impact zone. The development as proposed is an improvement over the existing development and is like use to other properties within this irmnediate area. The variance as approved does not directly or indirectly grant any other variance for the proposed development or for any future development. Page i 2 September 13, 2018 1-0 SQUIRES ADDITION4MMLBBIWCC nm 0 ■ M MU Mft MM Hk TV71 • * MM M «MPART GOV'T. LOTI,SEC.K,AND RARTOFGOV'T LOTS3AND4iSB:i3i RUSHLAKE1WR OHER TAIL COUNTY, MINNESOTA MM M » Ma MM »! WKRT &09UM •i 1 I MkOiwt lacaTbU la ta «mUT C)«< Ml I. 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Pt. 23,884.65 ■Vd b€. o4fi r\ 31H ^ of A Lot 2 PresentI Lot 1 Present ^— 140.00-155.00■M- Lot 2 Proposed -------140.00 ------- Propose extending lot#i by 15 ft P®^'‘®3s/ngLof# 2 by 15 ft. Lot 1 Proposed -155.00 —t 15' Gravel 25'X25‘Storage 55' X 38” 2090 Sq. Ft.625 Sq. Ft. Sidewalk Septic Drain Field 25'X 16” 400 Sq. Ft.42' X 3' 126 Sq. Ft. Present East Lot LineDwelling 42’ x 25' 1470 Sq. Ft. ProposedEast Lot Line Deck lO'xlO Plus 15 Ft. Patio 20'X30” 600 Sq. 100 Sq. Ft. f Ft. ^ \ O^dit^ovu.1 (K(\6-€A IMPERVIOUS SURFACE CALCULATION List & Identily all existing & proposed onsite impervious surfeces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings ProposedExistingExistingProposedFFFt2FFFF Dwelling /onDeckts) Attached Garage Patio(s) /Detached Garage Sidewalkfe) Storage Shed Landing(s> WOAS A a. 5Drivewavts) RCU Parking Areats) Miscellaneous Retaining Wall(s) Landscaping (Plastic BantertMiscellaneous /^5T/TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area impervious Surface Ratio Total Buildings Ft2 Ft2 FP FP f. Z-lx+100s+s:s Buildings + Other Impervious Surfece Percentage Maximum Allowabia 26% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surfece Ratio FP FP FP FP Soi^z?rm\A :3lIiOZZO / 3+100sX s Date Q LR: Online Pemiittfng Forms 2016; Impervious BurfaeoCalculallonWoiteheot 04-11^2016 JBC. LegendLots 1 & 2 f 45029 Plentywood DrWrite a description for your map. A k N ®2018Goo^'? - Up loonI Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTCRTfllL Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: James Simpson 45029 Plentywood Rd : Perham, MN 56573 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, September 13, 2018 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 Lost 1 and 2 Squires Addition, Property Address - 45029 Plentywood Rd - 56573 Section 13, Township 135, Range 39 - Township Name - Rush Lake Lake No. 56-141, Lake Name - Rush, Class - GD The variance requested is the following; 1 have two contiguous lots (Section 13 Township 135 Range 039, Lot 1 Block 1 and Lot 2 Block 1 of Squires Addition), not on Rush Lake but. within 1000 feet of Rush Lake. Lot 1 contains a residence and a storage building and is 21,000 square feet. Lot 2 is vacant and is 23,000 square feet. 1 wish to sell Lot 2 but retain a 15 ft strip along the west side to be pennanently attached to Lot 1. Therefore Lot 1 would have 23,800 i square feet and Lot 2 would be 20,100 square feet. The buyer has three contiguous lots on Rush Lake (Sec 13 Township 135 Range 039 Lots 3 and 4 of Oak Grove Beach parcel number 53000990306000 and Lot 5 of Oak Grove Beach parcel number 53000990307000) totaling 32,000 square feet. Lot 2 as modified above, would be permanently attached to riparian lots 3,4 and 5 Oak Grove Beach, Lot 2 Squires Addition would be for Non-Residential Use. My remaining Lot 1 Squires Additionn as modified above to remain as a buildable residential lot. i Wayne Stein Board of Adjustment Secretary August 23, 2018 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 27th, day of August, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Pamela Moe, Twp Clerk of Rush Lake, 43394 Round Lake RD, Ottertail, MN 56571 Rush Lake Assoc., PO Box 42, Perham, MN 56573 James Simpson, 45029 Plentywood Rd, 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 1®* Ave N, Fergus Falls, MN 56537 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 Thomas (Tom) Lee, 15600 Cty 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 Jack Rosenthal, PO Box 266, Ottertail, MN 56571 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: August 27, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ' JAM&S M & JODI ANK.ERFELT PO BOX 80 MAPLE LAKE, MN 55358-80 ARNDT LAKE PROPERTIES PRTNRSHP 420 ISTSTNW LAMOURE, ND 58458-7344 PAULA A BECKER TST 21668 COUNTY 14 BROWERVILLE, MN 56438-4685 1 ! JENNIFER BERGERSON ET AL 306 COLUMBIA AVES MORRIS, MN 56267-1627 JON K & LISA J BERGERSON 2507 I8TH STS MOORHEAD, MN 56560-4810 MICHAEL D & SUZETTE BERGERSON 719 1ITH STN MOUNTAIN LAKE, MN 56159-1013 GARY L & DEBRA BRUNKO 1120 PARK LN MORRIS, MN 56267-1718 RONALD F & LINDA BJELLAND 45056 PLENTYWOOD RD PERHAM, MN 56573-9046 JASON A ET AL GRENIER 23067 224TH ST FERGUS FALLS, MN 56537-8154 DAVID R & JULIE HEFLIN 45073 PLENTYWOOD RD PERHAM, MN 56573-9046 THOMAS J ET AL HUEBSCH 4285 IVY CT N LAKE ELMO, MN 55042-9412 PATRICK & STEPHANIE KAUTZMAN 6144 16TH STS FARGO, ND 58104-7224 MARK E & KARA R KIRCKOF 45802 ISABELLA RD BROOTEN,MN 56316-9705 JOE LAUGHARY 2 MAPLE LEAF LN WASHINGTON, IL 61571-9756 CORY J & THERESA C MACK 44967 PLENTYWOOD RD PERHAM, MN 56573-9020 I 1 LOREN L & PHYLLIS J OLSTAD 45090 PLENTYWOOD RD PERHAM, MN 56573- BRIAN & DIANA OUELLETTE 6202 17TH ST N FARGO, ND 58102-6007 ROLAND D & CAROL J PENFIELD 228 PARK RD STAPLES, MN 56479-33;i2 KIMBERLY S RODR 45124 PLENTYWOOD RD PERHAM, MN 56573-9021 GREGORY & BRENDA POTTER 2909 37TH AVE S FARGO, ND 58104-7046 TIMOTHY R RANNEY 4600 WATERFORD CT NE SAINT PETERSBURG, FL 33703-4948 I , RUMMENSTST. 1551 BELSLY BLVD APT208 MOORHEAD, MN 56560-6162 DAVID & MARLYS SIMPSON 45024 PLENTYWOOD RD PERHAM, MN 56573-9046 ' MARK & MICHELLE A SEVERTSON 413 MARIANN LN DILWORTH, MN 56529-1605 \!i' I JAMES J & RONDA L SIMPSON 12727 DODGE RD W APT I28C OMAHA, NE 68154-2152 AMBER JOY WALLACE 8894 DENVER ST VENTURA, CA 93004-2533