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Home My WebLink About55000990321000_Variances_11-09-2017CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/14/2017 10:18 AM Date Stamp RKEIl/ED• ^ o CT-3 MND&RESOORCE ocr 10 2017 FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N 'ci- 'OD ANNEDL&R Initial fhHi'u 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 od )Application Fee Receipt Number ~ /5^ / Accepted By / Date _l DAYTIME PHONE /“ ? 73 COMPLETE THIS APPLICATION IN INK - 7^(f> LAKE NAME llCdn J'-AAf PROPERTY OWNER MAILING ADDRESS LAKE CLASS TOWNSHIP NAME SCr4fnS/€f^ LAKE NUMBER /tilSECTION TOWNSHIP RANGE E-911 ADDRESS PARCEL NUMBER Co Hi^</ Jc:/GCC rn/i. LEGAL DESCRIPTIONWii i lof /V, a/I h/i i5ardUa Mx-ono Beach TYPE OF VARIANCE REQUESTED (Please Check) structure Setback __Structure Size Cluster WECS Misc.Sewage System Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. IjJ fS- U-^ e> J lo ' A/-V O C-o/z / * ( o ( -tr- \J^ <-£r?' z i frS'G O /sj / 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. /0-/7-/7 7 DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) p /yTimeDate Of Hearing Motion Katherine Ann DeDoux - Variance application approved as requested. (8:14 p.m.) After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 1’ 10” from the required side lot line setback of 10’ for the placement of a structure as depicted on the drawing submitted with the variance application 8’ 2” from the side lot line. It was noted that the applicant acted in good faith. The variance as approved does not directly or indirectly grant any other variances for the proposed development of for any future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No fmlU) II i^|l7 JL R Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk September 14, 2017 tea 364.738 • Victor Lundeen Co., Printers ■ Fergus Falls, MN • 1-BOO-346-4870 Piitrick Peck - Variance application approved as requested. (7:56 p.ni.) Patrick Peck, Northeast Quarter of Section 32 of Scambler Township, requested the following: Requesting variance on County WECS Ordinance, which suggest a 600’ setback from wetlands. Due to siting and practical difficulties encountered we are asking for variance on setback distance relating to two small wetlands located within said distance. Said practical difficulties would render the project infeasible and prevent the Lake Region Electric Cooperative from obtaining low cost renewable energy. Asking for variance to be within 185’ of nearest wetland and 540’ at second wetland. Conditional Use Permit application will follow feedback and determination on variances. Aaron Thibert, Juhl Energy Development, Inc. and A1 Fazio, a representative from Lake Region Electric Cooperative appeared with the applicant at the public hearing, fhe audience was polled with no one speaking for or against the variance as requested. Bill Kalar, Director - Land and Resource Department provided a general overview of the WECS Ordinance. The practical difficulties are flight routes of the local airports, and locations of existing substations and feeder lines, shoreland management lake setback issues and wetland issues. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and carried with Thomas Lee abstaining, to approve the variance as described in the variance application dated October 18, 2017. It was noted that is a commercial wind tower project within a privately-owned property. The variances approved do not directly or indirectly grant any other variances for the proposed project or for any future development related to this project. Note - The members of the Board of Adjustment are suggesting that the County Board of Commissioners considered the possible need to have an ordinance to address solar panels. Katherine Ann DeDoux - Variance application approved as requested. (8:14 p.m.)N, Katherine Ann LeDoux, West Half of Lot 14 and all of Lots 15 and 16 Kabicono Beach, Pelican Lake in Scambler Township, requested the following: We would like a variance from the 10’ setback line on our Northeast comer to 8’ 2”. Asking for 1 ’ 10” variance. Southeast comer in compliance. The audience was polled with no one speaking for or against the variance as requested. A letter from Wade and Eileen Stubson in support of the variance as requested was read for the record. Letters from Paul Opperman and John B. Steams addressing the property stake were read for the record. After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 1’ 10” from the required side lot line setback of 10’ for the placement of a structure as depicted on the drawing submitted with the variance application 8’ 2” from the side lot line. It was noted that the applicant acted in good faith. The variance as approved does not directly or indirectly grant any other variances for the proposed development of for any future development. !<>ic and Rcncc Slioll, Steve and Liz Slioll and Dan and Lisa Slioll - Variance application approved with a modirication and a condition. (8:21 p.m.) Eric and Renee Shell, Steve and Liz Sholl and Dan and Lisa Sholl, Lots 33, 34, 35 and 36 Summer Haven Beach and Lot 3 Block 3 Summer Haven Beach First Addition, Pelican Lake in Scambler Township, requested the following: Requesting that the above riparian lots be sub-divided into three lots instead of the current four. These three lots would then be 66’ instead of the cuiTent 50’. Also request to have lots buildable for single family use. Once approved a new survey would be completed. Also requesting to sub-divide Parcel # 55000990720000 into three lots 50" each to be pemianently attached to a riparian lot and buildable for non-residential purposes. October 12, 2017 meeting - In attendance for the applicants were Eric and Renee Sholl, Liz Sholl and Lisa Sholl. Also appearing on behalf of the applicants was David Johnson their agent. The audience was polled with no one speaking for or against the variance as requested. An email from Vincent J. Esades in support of the variance as requested was read for the record. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee to consider Lots 33 and 34 of Sumer Haven Beach including half of Lot 3 Block 3 Summer Haven Beach First Addition, which would be permanently attached to Lots 33 and 34 as a buildable parcel for residential use and to consider Lots 35 and 36 of Sumer Haven Beach including the remaining half of Lot 3 Block 3 Summer Haver Beach First Addition, which would be permanently attached to Lots 35 and 36 as a second buildable parcel for residential use. It was noted that granting the variance as requested would establish precedence and would establish substandard lots. Minnesota Statute 394.36 Subdivision 5 was also discussed. The discussion focused on whether the provisions of this statute pertain to existing contiguous substandard lots as platted or if it this provision allow for the reconfiguration of existing contiguous substandard lots to meet the 67% rule. After additional discussion the previous motion was withdrawn. After additional consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried with the verbal permission of the applicants to table this public hearing until the November 9, 2017 meeting of the Board of Adjustment so that the applicants will have an opportunity to consider the variance being offered and to do additional research regarding the reasons why their original request should be approved. N o \ e m b e r 9 .2 0 17Page 4 of 5 RECEIVED OCT 3 i 2017 ' AMn,? 3-ao,’(»Qr.Paul Opperman 1431 7“’ Ave S. Fargo. ND 58103 October 24. 2017 Concerning the stake marking the Northeast comer of the West Half of Lot 14. Kabicona Beach. Pelican Lake. Otter Tail County, which is the east most part of parcel 55000990321000 in Scambler Township. I have spoken with my parents (Warren and Marjorie Opperman. the most recent former owners of this parcel) and with my brothers. Our common understanding regarding Lot 14 is as follows: Dan and Louise Opperman (my grandparents) owned Lots 15 and 16. Leonard and Bessie Lee owned Lot 13. These two parties agreed to purchase Lot 14 between their respective properties and split it down the middle from the road to the lake. Our understanding about the placement of the stake that is buried in the ground in the lilac bushes near County Road 20 is as follows: After purchasing Lot 14 and splitting the property, the two parties mentioned above placed the stake in the ground to mark the middle of Lot 14 as the dividing line between their respective ownerships. None of us know if this was established by an official survey, or simply by mutual agreement in measuring from other property markers that the two parties trusted. County records indicate that the purchase and division of Lot 14 happened in 1962. I was 10 years old at the time. It was most likely in the year of purchase that Daniel and Leonard set-up a horseshoe pit on the dividing line they had agreed upon. The placement may have been simply to make it clear who was to mow what. At any rate, 1 learned to play horseshoes on this pit in countless matches with Daniel. Warren and Leonard. It is our understanding that the stake in the lilac bushes has been exactly in that place from the time Lot 14 was divided by the two parties. It has been regarded as the marker of the boundary in the middle of Lot 14 since 1962. (see enclosed a photo of this stake). Sincerely. Paul Opperman RECEIVED OCT 3 1 2017 I i s i| i October 25, 2017 ■j RE: Sect-01 Tvvp-137 Range-043, Kabicona Beach, Lot 13 «fe El/2 of Lot 14 My family owned the above referenced property on Pelican Lake, 21442 Co. Hwy. 20, Pelican Rapids, MN 56572, for over fifty years. This letter is to verify I inspected the location of the stake in the north hedgerow in the west comer of the referenced address. This stake indicated the edge of the property line for as long as I can remember. Personally, I used this reference point while cutting the lawn for over thirty-five years of the years my family owned this property. Sincerely, John B. Steams RECEIVED OCT 27?0ir OlTERTAiLuo.nuDITOR FERGUS FALLS, MN Wednesday, October 25, 2017 Otter Tail County Board of Adjustments Gov't Services Center 510 Fir Ave W Fergus Falls, MN 56537 Dear Board, I am writing in support of the variance (see attached copy) that Kathy LeDoux is asking for on her property next to ours on Pelican Lake. When we built our home, we also relied on the historical stakes that were in the ground after conversations with both of our neighbors and felt confident in doing so and I believe she did the same. I believe Kathy has considerable money invested in her house right now and it would be a financial hardship or impossibility for her to conform to the setback at this point. She is asking for a very small variance (less than 2 feet) and only on one corner of the property. Her dwelling is back in compliance very quickly on a line back towards the SE corner and I feel there is little, if any, negative effect on anyone's property values and that the variance should be granted. Thank you for giving thoughtful consideration to her variance request. Sincerely, Wade and Eileen Stubson 21396 County Road 20 Pelican Rapids, MN , V Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falls, WIN 56537 , Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER Tflileovitr-aiAiiioTi Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Katherine Ann LeDoux 3226 43^'* Ave South Fargo, ND 58104 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, November 9, 2017 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 West Half of Lot 14 and all of Lots 15 and 16 Kabicono Beach, Property Address - 21414 County Highway 20 - 56572 Section 1, Township 137, Range 43 - Township Narne - Scambler . Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: We would like a variance from the 10’ setback line on our Northeast corner to 8’ 2”. Asking for T 10” variance. Southeast corner in compliance.i 'Wayne Stein Board of Adjustment Secretary October 20, 2017 iReason for Variance Request: I purchased my property in Kabicona Beach from Warren Oppemian August 4,2016. The Opperman family had owned the property since 1951, and had sold the East 25 feet of Lot 14 to a neighbor in 1962. Warren Opperman showed me iron monuments on the East line of my property (the east line of the west half of Lot 14) located at the top of the bank of the lake shore and before the hi^way ditch at the back of the lot and represented those monuments to be marking the property line. When applying for a site permit to build my home these historicali monuments were used to measure the setback for the building. Because of the representations of Mr. Opperman and the fact his family had established tlie boimdary, I had no reason to doubt the accuracy of the monuments.i My neighbor has just had a survey completed of his adjoining lot. [The stakes set by the surveyor locate the boundary line (iS historical monument near the Highway right of way. If this boundary location isxprrect (but it is disputed), then my building needs a setback variance at the northeasterly comer%f ^ ft. ^ in. the southeasterly conwr of the building has a setback of j ft. ^ in. and is compliance. a little bit west of the UJ-e c ^ II-&J. (3/' a-iI, ho^ i f'^e.'TorJ 0 /^ ^ I-T-t- / 0 a/ (\r.J ^ yi ^ d L, (-O' 1'^ o /U 6o /*y •y / "7 <2 ( / 7 77*^ CL,S’ / 7 1 ' 2^i, 0 / A_rhf B- LAKE I%12.S~-0"I=IOc!jiw5s 13X6 H %21sS:11 IRECBVED Ij0sQ ^ : U -?pry ^wd&resoorce iS I [/atri(^f!Ce 111 hit j1!iiiliii I I I!il 1^1miiisl ll; wm P tn3rtj!j(«TmwBr QiBUQvr rtAH Mormn tv^'n!;4/19/2017 ii>nii3 kMiT i> Mon ntBi • vvnjt oii> nj.\$r vou «'wmi TT»E ftRutnrtu AT iiMOHiior>mT Tou lun-ntt h<vt MCEKT ser or Maa>*xz9-_F r.F.nnirx. katuy ij\tcF. womk & rijnk house NEW PROrOSED HOUSE, PORCH, ft GARAGE ;::3,iso.oo SQFT NEW BUNK HOUSE ft GARAGE =896.00 SQPT EXISTTNG driveway =>850.00 SQPT NEW DRIVEWAY =1,236.00 ta I12S’-0 i ;>ITE PUVN ROADSCALE: 3/32" = 1'-0" »>su«isir Mg,-- ;; I V L 8 rpiI TfC ?/,\N ^\C|:v^'q $ C-~< O ^ ^O 'S- Q-f Vr?o *o> oO(>o >kLW Nr \t. j Ij Ii s•r?' 0.!11 li1 i 'UV iI <I .<Q JI1A\;Is „■ ■E i ■j ii I i 51 Caif,ei a(- coVp.‘)^ '.KI1; 5/ fh)r~//•^e 11 .» ■1: 1} !.i f'i ‘5;t ^ viiI,L.II ■-f- •■•f ---^ (C^ f^ty\p^'Vp^^f/^S.> ci ?• ?<o hNl> U{•1 i !•H ^?i ..U i-'i i..j i ?! I fnjpey^Hi f (/iP I I ‘ tmCSII 4 : \ ....... I't\+■ K (4; su i s: .4 ’ < - i o, V i>3 V'<3 i, iv>bi I wat(5 *: ^{■- ..... t “j-. t « '.41 1^. c-•"IV V ;I V I^5 ts "CJ >iot)5 i"f'y^rr.: P'^fcrhy IO',-f> HB oB -4.Iir~i I f 1IIi 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.usOTTCR TRIl Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Katherine Ann LeDoux 3226 Ave South Fargo, ND 58104 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, November 9, 2017 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 West Half of Lot 14 and all of Lots 15 and 16 Kabicono Beach, Property Address - 21414 County Highway 20 - 56572 Section 1, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: We would like a variance from the 10’ setback line on our Northeast corner to 8’ 2”. Asking for 1’ 10” variance. Southeast corner in compliance. Wayne Stein Board of Adjustment Secretary October 20, 2017 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota )i)SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter TailiCounty, Minnesota, do hereby certify that on the 20th, day of October, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Katherine LeDoux, 3226 43^'* Ave SW, Fargo, ND 58104 6635 Lou Ann Zurn, Twp Clerk of Scambler, 47351 173'^'' Ave, Pelican Rapids, MN 56572 Pelican Lake Imp. Dist., % Fred Manuel, 26271 Otoson RD, Detroit Lakes, MN 56501 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 Darren M Newville, 614 6*'’ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Jack Rosenthal, 150 Willow RD, 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. iDated: October 20th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud RANDY W & LORI J BORGEN 21444 COUNTY HIGHWAY 20 PELICAN RAPIDS, MN 56572 7082 ERIC BIRKELAND & MARLENE HASS 3105 RANKIN RD SAINT ANTHONY, MN 55418 2549 CHRISTOPHER & CASSIE DAGENAIS 26129 5TH AVE S HAWLEY, MN 56549 9147 ELIZABETH DEARDORFFTST 4521 LEAH LN E GILBERT, AZ 85234 207 ALTHA JOHNSON ETAL 5300 12TH STS APT 312 FARGO, ND 58104 6428 GORDON & BEATRICE KARTENSON 555 40TH ST S APT 128 FARGO, ND 58103 1175 JOHN C LARSEN 21300 COUNTY HIGHWAY 20 PELICAN RAPIDS, MN 56572 7081 KATHERINE LEDOUX 3226 43RD AVE SW FARGO, ND 58104 6635 GARY LEEBY 1329 1ST S N FARGO, ND 58102 2720 I JAMES G & DIANE K DAHL MCCOY 1022 TAMARACK TRL IOWA CITY, lA 52245 3557 SANDRA J MCDONALD 21295 COUNTY HIGHWAY 20 PELICAN RAPIDS, MN 56572 7080 MERHIY INVESTMENTS LLC 3661 CYPRESS LANE S FARGO, ND 58104 7580 MARGARET M OLSEM TST 101 WOODLAWN ST GENEVA, IL 60134 2348 NORMAN JOHN FAM LTD PTNRSHP 14 HIGHLAND CREEK DR HENDERSON, NV 89052 6609 ROBERT M NAGLE 1111 8TH ST S FARGO, ND 58103 2727 I PELICAN LAKE LLC ATTN RICHARD B CROCKETT 6032 SCHAEFER RD EDINA, MN 55436 1817 PATRICIA J SPARROW TST PO BOX 305 HAWLEY, MN 56549 305 PFAU TST 2966 WINDING LN WESTLAKE VILLAGE, CA 91361 3211 WESTGATE PROPERTIES LLC 691 20 1/2 AVE E WEST FARGO, ND 58078 4268 VINTAGE PROPERTIES LLC 818 SOUTHWOOD DR FARGO, ND 58103 6020 WADE & EILEEN STUBSON 3431 28TH AVE S FARGO, ND 58103 7860 OTTER TAIL COUNTY LAND & RESOURCE MANAGEii/SENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RUiIe THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT; ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 1^^ & MARCH I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may hot be able to view my ________), described Application(s) dated property/project (Tax Parcel # 35^000 ^33ICQQ on my __ Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 | days of receipt of my completed Applicatlon(s). Check One: I 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 Appllcation(s). nDATED 7PROPERTY OWNER LR: Forms: Waiver60DayRule02-21-2017