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Home My WebLink About55000990597000_Variances_11-09-2017Vu-^-io 1199091 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/14/2017 10:30 AM Date Stamp U~> HffcCBVSD “’I OCT 1 3 2017 FEE: 46.00 PAGES 5 WELL CERTIFICATE REC'D; Nr ANNEDL&R Initial THE ABOVE SPA^E 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 m- \go.COMPLETE THIS APPLICATION IN INK Receipt Number ui>Tic- 7‘-l Accepted By / Date icA DAYTIME PHONEPROPERTY OWNER \/o/ / fLHCC'=l cMAILING ADDRESS Ci GO5^-7^6 LAKE CLASSLAKE NAMELAKE NUMBER 07l2.5c£XiMla IOH 5TOWNSHIPRANGE TOWNSHIP NAMESECTION S^OCyO\'T^ OC<^ -^scojo^^os^yooo Z \2-5 7 0E-911 ADDRESS PARCEL . NUMBER r LEGAL DESCRIPTION # Ti~o[ 14^.2- BT- ^ Y iZ^z B^vcAi v4ov 'io ^ “ss^v-V^TYPE OF VARIANCE REQUESTED (Please Check) Misc. ^Structure Size , Sewage System Cluster WECSSubdivisionStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. / ]?e5iec|, tvi o;\,l£U>e\ " \)t J70rk(^ WiS>kh. Hra ^ %_________________________ A 13 ^L-t. C. < t I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE I 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 REG^WDING THIS MATTER. /f)/ivn/ 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) /ya\/e ty\f, ?^0'7 0 Zr/^/nDate Of Hearing Time Motion Matthew and Christine Myrvold - Denied. (7:48 p.m.) After discussion and consideration, Darren Newville made a motion, seconded by Chris McConn 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 variances as requested. It was noted that this is an open lot and a reasonable use of this property can be obtained without the granting of the requested variance. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) i__ No j\m\ h^iio J L R Official/Date > • Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR September 14, 2017 364,736 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4670 \ PQC# 1131957 OFPICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA 1131957 Fee. $96.00 CertiAed, Fjled, and/or Recorded: Well CertiAcate ^ Rec'd August 08, 2013 11;15 AM ' *• •Brian Armstrong, Recorder .V No delinquent taxes ai^ransfer entered; Certificate of Real Estate Value ( ) filed ( ) not required.Certificate of Beal Estate Value No. Q35430 ! I JL ! - Reft/med 7o: TITLE COMPANY FARGO 35 4TH ST N SUITE 102 FARGO. NO 58102 (Year) Wayne Stein, County Auditor iL By: NDBby 55 ooo cooo state Deed Tax due hereon $<^<^10.0*^ e-CRV Deputy V WARRANTY DEEDDate: r'ruLl-i S', Zo\'2>File #140747 FOR VALUABLE CONSIDERATION, Marilyn K. Wold and Donald J. Wold, wife and husband, Grantors, hereby warrant and convey to Matthew V. Myrvold and Christine M. Myrvold, Grantees, as joint tenants and not as tenants in common, real property in Otter Tail County, State of Minnesota, described as follows: All of Lot 1 and 2, except the westerly 12Vj feet thereof, Cha-Rosa Beach, according to the recorded plat thereof recorded in Otter Tail County, Minnesota; AND ' Lot 2, Block 2, Cha-Rosa Beach First Addition; AND That part of Government Lot 2 of Section 12, Township 137, Range 43, Otter-Tail County, Minnesota, described as follovys: A tract of.land 25 feet wide adjacent to and easterly from Lot T of Cha-Rosa Beach, a recorded plat, more particularly described as follows: Comrhencing at the northeasterly comer of said Lot 1, thence South 09 degrees 13 minutes West a,distance of 217.0 feet, more or less,.to the southeasterly corner of said Lot 1, thence South 76.degiees 11 minutes East a distance of 25.0 feet, thence North 09 degrees'13 minutes East a distance of 217.0 feet, more or less, to the .vyater's edge of Pelican Lake, thence in a .northwesterly direction along the water’s edge a distance of 25.0 feet, more or less, to a point on said water’s edge which lies North 09 degrees 13 minutes East of the point of comniencement, thence South 09 degrees 13 minutes West to the point of comrhencement and there terminating-and including all riparian and littoral rights together with an easement for purposes of ingress and egress, over a 66.3 foot strip of land lying southerly and southwesterly of the abovendescribed tract. COUNTY OF OTTER TAX STATE OF Ml ESOTA OATE. ( ) The seller certifies that the seller does not know of any wells on the described real property. (X) A well disclosure cerUficate accompanies this document ( I I am familiarwith 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. together with all hereditaments and appurtenances belonging thereto. Marilyn K. WoW Donald J. Wolc^y STATE OF NORTH DAKOTA ) COUNTY OF CASS The foregoing instrument was acknowledged before me this day of 2013 by Marilyn K. Wold and Donald J' Wold, wife and husband.Not^r^PuWic My Commission Expires: ) CHAD JOHNSON NotfflV PublicMy ConSc" py»^ i Tax Statements for the real property described in this instrument should be sent to: Matthew V. Myrvold and Christine M. Myrvold and Bell State Bank & Trust 21237 Broadwater Dr. Pelican Rapids, Minnesota 56572 THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Wheeler & Associates, P.C. 35 4"' Street North Fargo, ND 58102 1', ' Terry and Vickie Nelson - Variance application approved as requested. (7:31 p.in.) Terry and Vickie Nelson, Lots 1 and 2 Walls Lost Lake Beach, East Lost Lake in Sverdrup Township, requested the following: We are requesting a variance of 25’ from the ordinary setback of 100’ fi'om the ordinary high water. This would allow us to construct a 28’ by 20’ 2"‘* level over a portion of our home which is 75’ from the ordinary high-water level. 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 Jack Rosenthal and unanimously carried, to approve a variance of 25’ from the required ordinary high-water level setback of 100’ for the construction of a 28’ by 20’ second level addition over a portion of the existing dwelling located 75’ from the ordinary high-water level as depicted on the drawing submitted with the variance application dated October 16, 2017. It was noted that the proposed development is within the existing footprint of the existing development. It was noted that the variance as approved is consistent with past decision of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. LeRoy and Monica Rosin - Variance application approved as requested. (7:36 p.m.) LeRoy and Monica Rosin, Lot 1 Block 1 Rolling Hills, Elbow Lake in Everts Township, requested the following: we wish to build a new house and attached garage which shall be no closer to the ordinary high-water level than 161’ 8”, therefore requiring a 38’ 4” variance from the ordinary high-water level setback of 200’ on this side of the lake. The audience was polled with no one speaking for or against the variance as requested. Scott Demartelaere appeared at the public hearing with the applicants. A letter from Mary and Jim Houselog in support of the variance application was read for the record. After discussion and consideration, Paul Larson made a motion, seconded by Jack Rosenthal and carried with Chris McConn abstaining, to approve the variance as requested in the variance application dated October 17, 2017 and as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is an existing fiber optic cable easement and an existing gravel pit. It was noted that the proposed location is a very reasonable location. The variance as approved will provide the applicants with a reasonable use and enjoyment of their property. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Brenton and Jennifer Larson - Variance application approved as requested with condition. (7:42 p.m.) Brenton and Jennifer Larson, Lot 1 Oak Haven Beach Third Addition, Tamarack Lake in Scambler Township, requested the following: proposed dwelling location does not meet setback requirements. Proposed building replaces existing building at the same setback to the ordinary high-water level, proposing to replace existing deck with new not to exceed required impervious in shore impact zone. Also proposing to move and rebuild privacy fence. New fence will be 6’ in height and 264’ in length along road right-of-way. Requesting variance to road right-of-way at closet point fence would be 6’ from road right-of-way. The audience was polled with no one speaking for or against the variance as requested. A letter from Charles Grotte, Assistant County Engineer, in support of the applicants’ request with conditions was read for the record. After discussion and consideration, Thomas Lee made a motion, seconded by Paul Larson and unanimously carried, to approve the variances as requested in the application dated October 14, 2017 and as depicted on the drawing submitted with the variance application with the following conditions: 1.) If in the future the fence needs to be removed for the reconstmetion of CSAH 9 of other major highway work, the fence will be removed as needed at the owner’s expense for the County to perform the work, and 2.) No other structures will be allowed within the 20-foot setback area behind the fence. It was noted that the proposed development will be no closer to the lake than the existing development. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development of this parcel. Matthew and Christine Myrvold - Denied. (7:48 p.m.) Mathew and Christine Myiwold, part of Lot 1 and 2 Cha Rosa Beach, Lot 2 Block 2 Cha Rosa Beach First Addition, and part of Government Lot 2, Section 12 of Scambler Township by Pelican Lake, requested the following: Proposed structure will be 25’ 9” only 20’ is allowed - would like variance so RV can be parked inside structure. Also requesting to exceed the total impervious surface. Proposed to be at 40.8%. The applicants were represented at the public hearing by their contractor. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Danen Newville made a motion, seconded by Chris McConn 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 variances as requested. It was noted that this is an open lot and a reasonable use of this property can be obtained without the granting of the requested variance. November 9 . 2017Page 3 of 5 BROA^ater Idrive001 STROH B j a Seventh St. IN. F-*rq«J. N.D. Sai02 OffKe (701) 239-41<?8 r«*(701) 239-9&4.3 i.'lstroh-corii .?-----------■ lANDelementsPROPOSED GRAVEL ACCESS DRIVE 1 PROPOSED GRAVEL ACCESS DRIVE (670sf) (2300sf) ■ hl> sa'O.' «eU(lB)N&«ETBAGK II - -o Project; C> wRESEED AREAS OF DISTURBANCE UPON CONSTRUCTION COMPLETION 2Tf i oPROPOSED - CONCRETE APRON (730sf) GEWER*L 8irt MOTES a <--’t'I oilI f—'w% PROPOSED;<CONCRETE t fS ^ woAPRON ^ U(880sf) tr* , 1 1—1 ?pjSito PROPOSED STORAGE SUll^ 4.800 S.F. r^,o .kwlkg Aa Wl. * .*4« s<> <5p<WH 2ES Wa existing CONCRETE PAD TO BE REMOVEDSft.T FENCE WOTEt Drawn By:HI — PROPOSED RETAINING WALL -42" AT MAX. HEIGHT (VERIFY) yi Date: August 21, 20171;I Revision Date:ELECTRIC BOX REMOVE/RELOCATE AS REQ’D gACKLQT WPERVIOUS SURFACE CM.CULATWW8 PROPOSED GRAVEL ACCESS DRIVE - — {800sf)lOt <5I?£24.2a< S.F. PROPOSED BUH.0IR& (fOOtPIW.'Li ORAVEuDISVFWAVS G^VEl STORACF PAC CORCRETE APRONS ■ 4.SCO sr• 2.S7C SF.&F Job Number:800 1623(.610 SF S76Mr4I"E 130.42' Sheet Name: SITE PLAN®r2*36%.g- - .4TOTAL COvthAOE a5% ; TOTAL ALUOWAB TOTAI. IMPERIOUS P' tO.180 6 070.5 r:SiteERtF OVERAGE NTAGE Sheet Number: Ll.O IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): ^ Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed zyod)Landing(s) WGAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous 5 noTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft^Total Buildings n. 7J97100+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^ 2-100+X-i- Impervious Surface Calculation Worksheet 04-11-2016 lOh 7/, 7Signature:Datexz 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 TAIl Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Matthew and Christine Myrvold 4009 Carmel PI West Fargo, ND 58078-8282 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 Part of Government Lot 2, part of Lots 1 and 2 Cha Rosa Beach and Lot 2 Block 2 Cha Rosa Beach First Addition, Property Address - 21237 Broadwater Drive Section 12, Township 137, Range 43 - Township Name - Scambler Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: Proposed structure will be 25’ 9” only 20’ is allowed - would like variance so RV can be parked inside structure. Also requesting to exceed the total impervious surface. Proposed to be at 40.8%. W(^ne Stein Board of Adjustment Secretary October 20, 2017 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 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: Matthew V & Christine Myrvold, 4009 Carmell PL, West Fargo, ND 58078 8282 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. Dated: October 20th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: \l^ <ry\o_^______ Vi Manderud •»THOMAS C & GEORGIA M DAWSON 1201 8TH ST S FARGO, ND 58103 2729 DAWSON VACATION HOLDINGS LLC 1201 8TH ST S FARGO, ND 58103 2729 MELANIE LBUTH 2044 200TH ST WOLVERTON, MN 56594 9576 ARMOND G & NANCY ERICKSON ETAL 4255 30TH AVE S APT 3004 FARGO, ND 58104 9036 MELISSA A LAGE ETAL 1542 SPARROW RD WACONIA, MN 55387 4513 ALLAN E ERICKSON ETAL 2546 W COUNTRY CLUB DR S FARGO, ND 58103 5734 DOUGLAS & KATHLEEN OKSENDAHL 21105 BROADWATER DR PELICAN RAPIDS, MN 56572 7016 CG 8i C PRAMHUS LK PROP PTNRSHP 21171 BROADWATER DR PELICAN RAPIDS, MN 56572 7016 MATTHEW V & CHRISTINE MYRVOLD 4009 CARMELL PL WEST FARGO, ND 58078 8282 SIMISON FAMILY TST ATTN SIMISON ETAL TRUSTEE 522 SAPPHIRE ST REDONDO BEACH, CA 90277 4256 JAN SIMISON TRUSTTE ET AL 522 SAPPHIRE ST REDONDO BEACH, CA 90277 4256 STENEHJEM HOLDINGS LLC PO BOX 607 WATFORD CITY, ND 58854 607 FRANCIS H JR & DIAN ZECK PO BOX 947 LISBON, ND 58054 947 ♦ •*OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW CO.OTTER-TAIL.MN USOTTER Tflil GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE 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 & MARCH 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 #D'5OOP ?^1C>Sf 7 (XX:) I), described on my I I Conditional Use/Interim Use Permit [ I Application Preliminary Plat Application [^^ariance Application Dated Dated Dated 7f -f 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 Application(s). Check One: f_J 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 mawhave no alternative but to deny my Application(s). LR; Online Permitting Forms 2016; Waver 60 Day Rule Fill^Me 07-26-2016