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HomeMy WebLinkAbout24000010002001_Variances_07-12-20181209347 CAROL SCHMALT? Date Stamp OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN ;5; " ) CO JWi 2 • 2018 '■‘^■®^3ES0>jSc: RECORDED ON 07/24/2018 01:42 PM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'O: N—CD ■ - 'O 'C» scAimL&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 S^OO • oApplication Fee . Cush . ,'ZOiK'It! Jenah\uu Accepted By / Date Z t hh COMPLETE THIS APPLICATION IN INK Receipt Number -Jonu Hi am N-fc/rn J ?0 6c^ So ? , Ff/'O /i. rv2‘^ £l’S~9-Z. PROPERTY OWNER DAYTIME PHONE f?./ CFMAILING ADDRESS u/ Unname <r/NE________LAKE CLASS Erhard I LAKE NUMBER LAKE NAME L Ids 96SECTION TOWNSHIP RANGE TOWNSHIP NAME 4- t-h^H i PzU'C^n 99.>^Picls> ndnJ PARCEL NUMBER E-911 ADDRESSZM POO 01 boo6^ oo ! LEGAL DESCRIPTION pf ' I OP AtFE Si< Prfhuhed TYPE OF VARIANCE REQUESTED (Please Check) structure Size Sewage System Subdivision Cluster WECS Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Proposing to replace the existing dwelling with a 56’ x 24’ New Dwelling with an Attached Garage, 8’ x 12’ Screen Porch and a 8’ x 32’ Deck being no closer than 100’ at the closest point to the OHWL/Waters Edge. The required setback is 200’, requesting a 100’ Variance. 'X.n Zu'O^t t>, Zwi) fiu &i->rn s OeF-eUlOj CulL^Ujuj> i i'I -to CL AJct-i-c^ I'iU. I Zf'LOi r'Ci/yxjtA/c_) Lct-l-f, I 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. V SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) '7:1. >3 /f'TimeDate Of Hearing Motion Jonathan Nedrud - Variance application approved as requested. (7:42 p.m.) After discussion and consideration. Steve Schierer made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the replacement of an existing dwelling with a 56’ by 24’ dwelling with an attached garage, an 8’ by 12’ screen porch and an 8’ by 32' deck being no closer to the ordinary high water level than 100' as described in the variance application dated .lune 21,2018 and as depicted on the drawing submitted with the variance application. The variance as approved does not directly or indirectly grant any other variances for the proposed or future development. It was noted that the proposed project is a significant improvement over the existing development and the applicant cannot meet the 200" setback requirement. The hardship/practical difficulty is the change in the classification of the lake from general development to natural environment, which occurred in 2009. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No l|n|i y/Wu I R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 08232017-001 364,730 ■ Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870 897087 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that _ _ this instrument# 897Q87 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( filed ( ) not required. Certificate of Real Estate Value No-----0G9!l 3'''^— ’ (Year) was filed/recorded in this office U for record on the c^3 day of by-' ^ ' Wp »i Coynty Aydiior aJj.i^Beputyby__recordingfee^ __weil certificate0000/oa/Deputy 'd- Xspace above for recording data). WARRANTY DEED - Individual(s) to Individual(s) DATE:2001 COUNTY OF OTTBR TA<k STATE OF MINNESOTA DEED TAX « ‘VO^ .j- NUMBER /DATE_ / - iA A ^ STATE DEED TAX DUE HEREON: $36.90 FOR VALUABLE CONSIDERATION, Gary Samuelson and Susan Samuelson, husband and wife, Grantor(s), hereby convey(s) and warrant(s) to Jonathan E. Nedrud, Grantee(s), real property in Otter Tail County, Minnesota, described as follows: Commencing at the half-section line on the east side of Section 1, Township 135, Range 43, thence West on said half-section line 100 rods on the County Highway, thence South 2 rods to place of beginning, thence West along said highway 208 feet, thence South 208 feet, thence East 208 feet, thence North 208 feet to place of beginning, containing approximately 1 acre. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservations of record, if any. Check line if applicable: The Seller certifies that the seller does-not-know-of any-wells on the described real property. 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. X Su^an Samuelson . STATE OF )ss. COUNTY OF. The foregoing instrument was acknowledged before me this .^^^^day of 200^y Gary Samuelson and Susan Samuelson, husband and wife, Grantor(s). Notarial Stamp or Seal (or other Title or Rank) SCOTT M. DIRKS 3t '^^1/ PUBLIC-MINNESOTA "» My Comm. Exp. Jan. 31, 2005 Signature of Person Taking Acknowiedgment Tax statements tor the real property described in this Instrument should be sent to: Jonathan E. Nedrud 38485CoHwy3 Pelican Rapids MN 56572 This instrument was drafted by: DIRKS LAW OFFICES, P.A. P.O. Box 338 Pelican Rapids, MN 56572 Erik and Lisa Ahlgren - Variance application approved as requested. (7:35 p.m.) Erik and Lisa Ahlgren, part of Lot 11 Blue Heron Beach, Otter Tail Lake in Otter fail Township, requested the following: Remodel existing storage shed from 6’ by 10’ to 12’ by 10’. Existing shed is 5' 4” from lot line. A variance from the 10’ lot line setback. Requesting a 4’ 6” variance from the 10’ setback requirement for the existing shed. Hardship is the existing shed location and location of septic system. Erik and Lisa Ahlgren represented the application at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Brent Era/.ier made a motion, seconded by fhomas Lee and unanimously carried, to approve a variance of 4’ 6” from the required side lot line setback of 10’ for the placement of a new 12’ by 10’ storage shed 5’ 4” from the side lot line. It was noted that the location is the same location where the previous shed was located, its location does not obstruct the view from the adjacent property and the location of the existing septic system does not provide room on this side of the lot to place the storage shed further from the side lot line. The variance as approved does not directly or indirectly grant any other variances for current or future development. Jonathan Nedrud - Variance application approved as requested. (7:42 p.m.) Jonathan Nedrud, part of the Northwest Quarter of the Southeast Quarter, Section 1 of Erhards Grove Township by an unnamed lake, requested the following: Proposing to replace the existing dwelling with a 56’ by 24’ new dwelling with an attached garage, 8’ by 12’ screen porch and an 8’ by 32’ deck being no closer than 100’ at the closest point to the ordinary high-water level/water’s edge. The required setback is 200’, requesting a 100’ variance. In 2009 (May 5, 2009) the lake was reclassified from a general development (GD) lake to a natural environment (NE) Lake. Greg Nelson, with Superior Lakeside appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Kenneth Vorderbmggen and unanimously carried, to approve a variance of 100’ fi'om the required ordinary high water level setback of 200’ for the replacement of an existing dwelling with a 56’ by 24’ dwelling with an attached garage, an 8’ by 12’ screen porch and an 8’ by 32’ deck being no closer to the ordinary high water level than 100’ as described in the variance application dated June 21, 2018 and as depicted on the drawing submitted with the variance application. The variance as approved does not directly or indirectly grant any other variances for the proposed or future development. It was noted that the proposed project is a significant improvement over the existing development and the applicant cannot meet the 200’ setback requirement, fhe hardship/practical difficulty is the change in the classification of the lake from general development to natural environment, which occurred in 2009. Philip J. Stoll - Denied. (7:47 p.m.) Philip J. Stoll, part of Govenunent Lot 1, Section 20 of Otto Township by Rush Lake, requested the following: Proposing to create 7 metes and bounds tracts under 5 acres in size. All proposed lots will have over 200’ of lot widtli/water frontage. Proposing to have the lots declared buildable for single family residential use. There are proposed easements for access to each proposed lot. The proposed 7 lots and easements are identified on the drawing on file with the County Auditor s office as follows: Tract H - 3.05 Acres; Tract I - 2.75 Acres; Tract J - 3.24 Acres; Tract K - 4.70 Acres; Tract L - 3.93 Acres; Tract M - 3.22 Acres and Tract N - 3.50 Acres. Joan Stoll appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newville made a motion, seconded by Thomas Lee and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested and the applicant can plat the property through the Planning Commission process. Steven and Michael Wiir/.er - Denied. (7:55 p.m.) Steven and Michael Wurzer Et Al, Lots 12 and 13 South Point Addition to West Battle Lake, requested the following: We would like to propose a variance to subdivide Lots 12 and 13 of South Point on Battle Lake, which are currently classified as contiguous sub-standard lots under single ownership. There is cunently a cabin on Lot 12, however, the two lots are owned by same family and one of the families would like to build a separate structure on Lot 13. If the two lots were to be subdivided. Lot 12 (with a square footage of 18,400 square feet) would meet the impervious coverage requirement set forth by the county and Lot 13 (with a square footage of 16,960 square feet) would be developed in accordance to the standards within the Shoreland Ordinance of Otter Tail County. Each lot would then be outfitted with Type-1 septic systems, which would comply with the dimensional standards set forth by the Shoreland Ordinance of Otter fail County. July 12, 2018Page I 3 of 4 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 4^, Hi, 7Lot Area (ft^): Other Impervious SurfaceBuildings Existing Proposed Existing Proposed Ft^Ft^ Ft^ 2-5^OpDwelling Deck(s)500 ToloP nmo^-fd^Attached Garage no Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s)! OOP RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier)Qrp-P’r Porch Miscellaneous /W lH-^0 / do oTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio fP Ft^Ft^fPTotal Buildings 7^ l_d±isi±IHHD 100+-r-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^ I Hd D- OOS 100+-H X Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date4/ CERTIFICATE OF SURVEY Part of the Southeast Quarter Section 1, Township 135 North. Range 43 West, of the Fifth Principal Meridian, Otter Tail County, Minnesota Ne9*53'44’W S316J0 165B.16 DRIVEWAYS WEST QUARTER CORNER SEC. 1.T135N.R43W BRASS DISK ( COUNTY HIGHWAY 3 !«SO NB9*Sr59'W 207^ (M) 208.00 (R)\/I II • r^. ■ TTSEPTIC CLEAN OUT PROPOSED HOUSEEXISTING TRAILER HOMEr ft 1319 X v»l 6'y ^ ^jz —g'M«' TI 800 s SCALE IN FEETVgfl sil^skS EXISTING WELL zr AREA-1.0 ACRE BELOW OHWL-.09 ACRES AEA-0.91 ACRES CO o111,/'<c NOTE: APPARENT ORDINARY HIGH WATER UNE WAS OBSERVED AND STAKED AT LOCATIONS WHERE THERE WAS A NOTICEABLE LEDGE OF APPROXIMATELY 1 FOOT IN ELEVATION CHANGE ALONG THE NORTHERLY B>QE OF WATER AND A CHANGE FROM WETLAND TO UPLAND GRASSES. UNNAMED LAKE • ID. No. 5SB92 CLASSIFICATTON: NATURAL ENVIRONMENT WATER &EVAT10N » 1310^ (NAVD BB) • 06^4/2018 1310.4XWATBl 6/14/18 -A-\20a31^ 208.00 (R)\\Na9*44‘SrE LEGEND POUND 1.S* IRON PIPE UNLESS OTHERWISE NOTED and that I am 8 dulyUcensed LandSurvayor under the laws of the State of Minnesota. was 1^9 SPOT ELEVATION TRACT BOUNDARY --------------QUARTER SECTION UNE -LJ-L APPARENT ORDINARY HIGH WATER LINE-AS STAKED rSurveyed & Platted by:SURVEY FOR:Prai. NOJaMichael L. Retchffi)Qate: JUNE 2018-------% HIGHWAY -------HIGHWAY ROW Jonathan NedrudINTERSTATEENGINEERINGJW Drawn By:44866A OteckodBr-OHWL STAKE /License No.Date _____BtowWai li r CERTIFICATE OF SURVEY Part of the! Southeast Quarter Section 1, Township 135 North, Range 43 West, of the Fifth Principal Meridian, Otter Tail County, Minnesota N89’53‘44’W 5316.80 1658.18 DRIVEWAYS I O) lO SIS Sib EAST QUARTER CORNER SEC. 1. T135N. R43W 1" IRON PIPE WEST QUARTER CORNER SEC. 1, T135N. R43W BRASS DISK COUNTY HIGHWAY 3 1°50’ NBTSI^SS^W^'T 207.92 (M) 208.00 (R) li/\1 (/IIIII iTjr SEPTIC CLEAN OUT it I PROPOSED HOUSE EXISTING TRAILER HOMEr (VWrtvtVu<<t SW'-y SWecI1319 X I w|f ^jz ^ —-g 'y IZ' T Po<"£.Vl i 800 5 SCALE IN FEETSt i siEXISTING WELL II llg1 ZTRACJ AREA -1.0 ACRE AREABELOW OHWL - .03 ACRES NET^REA-0.91 ACRES' m ■Q / 'V f NOTE: Al APPARENT ORDINARY HIGH WATER UNE WAS OBSERVED AND STAKED AT LOCATIONS WHERE THERE WAS A NOTICEABLE LEDGE OF APPROXIMATELY 1 FOOT IN ELEVATION CHANGE ALONG THE NORTHERLY EDGE OF WATER AND A CHANGE FROM WETLAND TO UPLAND GRASSES. UNNAMED LAKE - I.D. No. 56-892 CLASSinCATION: NATURAL ENVIRONMENT WATER ELEVATION = 1310.4 (NAVD 88) - 06/14/2018 1310.4 X WATER 6/14/18 -A A--\208.3Mwfr- 208.00 (R) \\ N 89* 44' 5T E LEGEND FOUND 1.5' IRON PIPE UNLESS OTHERWISE NOTED I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 1319 SPOT ELEVATIONX - TRACT BOUNDARY ----------------QU/KRTER SECTION LINE _ij-i------ULi APP/KRENT ORDIN/KRY high water line - AS STAKED /Surveyed & Platted by:SURVEY FOR:F1812022Prcj. No.:<4 Michael L. Fletch^l JUNE 2018Date:-----(g highway -------HIGHWAY ROW INTERSTATEENGINEERING Jonathan Nedrud ■: JWDrawn By:44866AOHWL STAKE MLFLicense No.Checked By.Date y Viitf IQ 739.5545 V. V - Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, WIN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER TAILfl»s«rr'aia4cieT« Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Jonathan Nedrud PO Box 509 Pelican Rapids, MN 56572 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, July 12, 2018 at 7:30 p.m. in the Commissioners' Room of ttjie 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 speciai accommodations shouid 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 the Northwest Quarter of the Southeast Quarter, Property Address - 38485 County Highway 3 - 56572 Section 1, Township 135, Range 43 - Township Name - Erhards Grove Lake No. 56t892, Lake Name - Unnamed, Class - NE The variance requested is the foiiowing: Proposing to replace the existing dwelling with a 56’ by 24’ new dwelling with an attached garage, 8’ by 12’ screen porch and an 8’ by 32’ deck being no closer than 100’ at the [closest point to the ordinary high-water level/water’s edge. The required setback is 200’, requesting a 100’ variance. In 2009 (May 5, 2009) the lake was reclassified from a general development (GD) lake to a natural environment (NE) Lake. Stein Board of Adjustment Secretary June 21,2018 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 22nd, day of June, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Jonathan E Nedrud, PO Box 509, Pelican Rapids, MN 56572 Rebecca Ouren, Twp Clerk of Erhards Grove, 18435 County Highway 24, Erhard, MN 56534 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: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6p St NE, Perham, MN 56573 Douglas Larson,2118 Wo|odland Ln, Fergus Falls,MN 56537 Brent E Frazier, PO Box 255, Pelican Rapids, MN 56572 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: June 22, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud JMPK PROPERTIES LLC 5734 HESPER RD BILLINGS, MT 59106-3234 DAVID W & DIANE C JOHNSON 38411 COUNTY HIGHWAY 3 PELICAN RAPIDS, MN 56572-7433 STEVEN L& VICKI JOHNSON 22167 CROSS POINT RD PELICAN RAPIDS, MN 56572-7548 JONATHAN E NEDRUD PO BOX 509 PELICAN RAPIDS, MN 56572-509