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HomeMy WebLinkAbout25000180103003_Variances_04-14-2012Variances Barcode 128 Cf\\V\\10\2, 1173090 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 04/19/2016 9:43 AM CO RECEIVED MAR 1 h 2016 CO CD FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N ^d> i04 • -X LAND & RESOURCE CO 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 ^ COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date vn j g>-v4-\yy ~7T]Fcl f^othmCLnn /Gi/ij 6n fh& Ave. f^aitle iajLe, Hi\i t\^-ZdOPROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 'Vhfrri X / v<rr La^0-4)0^LAKE NUMBER LAKE NAME LAKE CLASS \f^4-0SECTIONTOWNSHIPRANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS15-000 -liZ-Olu3 ~ 00^ LEGAL DESCRIPTION (XWCici/ied cuith (BucL. TYPE OF VARIANCE REQUESTED (Please Check) ystructure Setback 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. is -fhr a ~fv ihe (paraJ itr 2h-0OO ' '0 to'?>'Ooa), Re 3-fhoi-f/nStraO of fO iooi S€iCtdjace^-J~ BO KJhclAc 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. (_7 L^IGNATURE OF PROPERTY OWNER /^ENT~FOR OWNERi' DATE APPLICANT MUST BE PRESENT AT THE HEARIN|42 (Applicant Will Receive Notification As To The Date/Time Of Hearing)V ?45 1d4 • Victor Lundeen Co Prmte's ■ Fergus Falls M.nnesota O'’,7 /yDate Of Hearing Time Motion Thea Rothmann and Guy Griebe - Variance application approved as modified. (7:15 p.m.) After consideration and discussion, Ward Uggerud made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 5’ from the required side lot line setback of 10’ for the placement of the proposed house addition and attached garage 5’ from the side lot line as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is the terrain features of the applications’ property. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management ^j\ Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 1 hereby certify that this instrument #------ »008 at Jit 1.039035 vor^9035_A*: for rej im/pm u lerRi/L/Wletcalt, /-/TTflV^W recording fee well certificate Wem Deputyby: : ; STATE OF MINNESOTA WARRANTY DEEDDocument No. Return to: Secluded Land Company, LLC P.O. Box 10 DeSoto,WI 54624 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( L^^filed ( ) not required Certificate of Real Estate Value No. ID Ay mIN I (Date)7L4j)a 25-000-18-0103-003v^' Parcel Identification NumberCounty Auditor 329.83bySTATE DEED TAX DUE: $ Date: May 8 ,, 2008 FOR VALUABLE CONSIDERATION, Secluded Land Company, LLC, a Wisconsin limited liability company organized Griebe andunder the laws of the State of Wisconsin, Grantor, hereby conveys and wanants to f married MN residents as joint tennants. Grantee, real propeity in OttRrtail County, Minnesota, described as follows: See attached Addendum A for legal description and protective covenants. Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: municipal and zoning ordinances and agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use restrictions and covenants, general taxes levied in the year of closing. Check box if applicable: The Seller certifies that the seller does not know of any wells on the described real property. [ ] A well disclosure certificate accompanies tliis 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. Grantor hereby transfers all interests in minerals, if any, it may have in the subject property; however. Grantor makes no warranty regardmg any interest in ininerals for the subject property. CUUMTY 0{- urn-n tAlit STATE OF Bir«tifT.i-.TA OFfi-' ■' ■ Affix Deed Tax Stamp Here SecludedLaTI^Company, LLC, ACKNOWLEDGEMENT .'i, STATE OF WISCONSIN James W. Smith. Sole Managing Member } ss. COUN I Y OF VERNON This instrument was acknowledged before me on this IO day of (, jOLiTt j)Cl .C'C-V James W. SnliSi as sole managiug member of Secluded Land CimTpanvrLLC to me known pe;-sqM who executed the foregoing instrument and acknowledge the same. . 2008. the above named Notary P.ubilc/lStatCidf Wisgpilsin lily comilu.ssion.isrparmanfeiit'. (If not, state expiration dateV^'Tt\u __________, 200yi. Nptary Stanip!i^r’'Seali"",fw''?"" Check here if part or all of the land is registered [ ] Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Guy W. Griebe & Thea L. Rothmann 234 3rd Avenue Crnnksfinn, MM 567161 • This instrument was drafted by James W, Smith, Secluded Land Company, LLC, P.O. Box 10, DeS W1 54624 N \ •GRANTOR: SECLUDED LAND COMTANY, LLC GRANTEE: GUY W. GRJEBE THEA L. ROTHMANNy/ ADDENDUM A LEGAL DESCRIPTION THIRD SILVER LAKE TRACT 2 That part of the Southwest Quarter of the Northeast Quarter and that part of Government Lot 2, all in Section 18, Township 133 North, Range 40 West, Otter Tail County, Mimiesota, described as follows; Commencing at the Northwest Quarter of said Section 18; thence North 87 degrees 30 minutes 13 seconds East, assumed bearing, along the North line thereof 2014.65 feet, thence South 00 degrees 22 minutes 32 seconds West 853.82 feet; thence Southeasterly 423.62 feet along a tangential curve concave to the Northeast, having a radius of 617.00 feet and a central angle of 39 degrees 20 minutes 18 seconds; thence South 38 degrees 57 minutes 46 seconds East tangent to said curve 548.58 feet; thence Southeasterly 589.95 feet along a tangential cuiwe concave to the Northeast, having a radius of 667.00 feet and a central angle of 50 degrees 40 minutes 37 seconds; thence South 89 degrees 38 minutes 23 seconds East tangent to said curve 245.14 feet; thence Easterly 49.81 feet along a tangential curve concave to the North, having a radius of 934.00 feet and a central angle of 03 degrees 03 minutes 19 seconds; thence Northeasterly 95.58 feet along a compound curve concave to the Northwest, having a radius of 100.00 feet and a central angle of 54 degrees 45 minutes 38 seconds; thence Northeasterly, Easterly, Southeasterly, Southerly, and Southwesterly 268.09 feet along a reverse curve concave to the West, having a radius of 66.00 feet and a central angle of 232 degrees 43 minutes 51 seconds; thence South 85 degrees 16 minutes 30 seconds West tangent to said reverse curve 36.29 feet to the point of beginning of the tract to be herein described; thence South 85 degrees 16 minutes 30 seconds West 66.27 feet; thence Westerly 88.75 feet along a tangential curve concave to the North, having a radius of 1000.00 feet and a central angle of 05 degrees 05 minutes 07 seconds; thence North 89 degrees 38 minutes 23 seconds West tangent to said curve 68.20 feet; thence South 04 degrees 06 minutes 50 seconds East 1149 feet, more or less, to the shoreline of Third Silver Lake; thence Easterly along said shoreline to the intersection with a line bearing South 00 degrees 39 minutes 24 seconds East from the point of beginning; thence North 00 degrees 39 minutes 24 seconds West 1226 feet, more or less, to the point of beginning. Along with all lands lying between the meander line shown on the above-referenced lot and the ordinary high water mark of Third Silver Lake. Subject to all restrictions, reservations, conditions and easements of record. Subject to all existing road and utility line easements, whether of record or not. Along with a non-exclusive 66’ wide ingress/egress and utility easement being further described as follows: That part of the Northwest Quarter and the apart of the Northeast Quarter, Section 18, Township 133 North, Range 40 West, Otter Tail County, Minnesota, described as follows: Commencing at the Northwest comer of said Northwest Quarter; thence North 87 degrees 30 minutes 13 seconds East, assumed bearing, along the North line thereof 1948.57 feet to the point of beginning of tract to be herein described; thence North 87 degrees 30 minutes 13 seconds East continuing along said North line 66.08 feet; thence South 00 degrees 22 minutes 32 seconds West 853.82 feet; thence Southeasterly 423.62 feet along a tangential curve concave to the Northeast, having a radius of 617.00 feet and a central angle of 39 degrees 20 minutes 18 seconds; thence South 38 degrees 57 minutes 46 seconds East tangent to said curve 548.58 feet; thence Southeasterly 589.95 feet along a tangential curve concave to the Northeast, having a radius of 667.00 feet and a central angle of 50 degrees 40 minutes 37 seconds; thence South 89 degrees 38 minutes 23 seconds East tangent to said curve 245.14 feet; thence Easterly 49.81 feet along a tangential curve concave to the North, having a radius of 934.00 feet and a central angle of 03 degrees 03 minutes 19 seconds; thence Northeasterly 95.58 feet along a compound curve concave to the Northwest, having a radius of 100.00 feet and a central angle of 54 degrees 45 minutes 38 seconds, thence Northeasterly, Easterly, Southeasterly, Southerly, and Southwesterly 268.09 feet along a reverse curve concave to the West, having a radius of 66.00 feet and a central angle of 232 degrees 43 minutes 51 seconds; thence South 85 degrees 16 minutes 30 seconds West tangent to said reverse curve 102.56 feet; thence Westerly 88.75 feet along a tangential curve concave to the Noifh, having a radius of 1000.00 feet and a central angle of 05 degrees 05 minutes 07 seconds; thence North 89 degrees 38 minutes 23 seconds West tangent to said cun^e 245.14 feet; thence Northwesterly 648.33 feet along a tangential curve concave to the Northeast, having a radius of 733.00 feet and a central angle of 50 degrees 40 minutes 37 seconds; thence North 38 degrees 57 minutes 46 seconds West tangent to said curve 548.58 feet; thence Northwesterly 468.93 feet along a tangential curve concave to the Northeast, having a radius of 683.00 feet and a central angle of 39 degrees 20 minutes 18 seconds; thence North 00 degrees 22 minutes 32 seconds East tangent to said curve 850.51 feet, more or less, to the point of beginning. Said easement to be used for unintenaipted and ungated vehicular and pedestrian ingress, egress and utility purposes. Grantor, its successors and assigns reserve the right to improve, maintain and repair said easement area consistent with its intended purposes. The above-described property is subject to the following: P4 April 14,2015 Jon B. Olson - Variance application approved as requested. (7:05 p.ni.) Jon B. Olson, part of Government Lot 4, Section 11 of Elizabeth Township by Long Lake, requested the following: 1 am requesting a 30’ variance to the bluff setback to be 0’ from the bluff and an 18’ variance from the 100’ ordinary high water level setback to be 82' for the construction of an addition and deck. The addition will be no closer to the lake than the existing 1938 structure. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion. Rod Boyer made a motion, second by Ward Uggerud and unanimously carried, to approve a variance of 30' from the required bluff setback of 30" and a variance of 18’ from the required ordinary high water level setback of 100' for the placement of the proposed development as described in the variance application dated March 10, 2016 and as depicted on the drawing submitted with the variance application 82' from the ordinary high water level and 0’ from the bluff. The variances as approved will provide the applicant with a reasonable use of the property. This is a unique property and if the proposed development is done properly it will have no negative impact to the lake or the surrounding area. The hardship/practical difficulty is the ten'ain of the applicant’s lot. It was also noted that there is no other location for the development being proposed. The variances as approved do not directly or indirectly grant any other variances for the proposed development. Steve and Kathy Barnes - Variance application approved as requested. (7:10 p.m.) Steve and Kathy Barnes, Lot 7 Bill’s Beach First Addition in Edna Township by Big McDonald Lake, requested the following: Construct screened in porch over existing concrete slab - lake side of porch will be approximately 45' from ordinary high water level. The applicants were represented by Kathy’s uncle (Robert). The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Ward Uggenid and unanimously can'ied, to approve a variance from the required ordinary high water level setback for the construction of a screened in porch over an existing concreate slab as stated in the variance application dated March 15, 2016 and as depicted on the drawing submitted with the variance application. The proposed development is no closer to the ordinary high water level than the existing development and there will be no change to the impervious surface coverage. It was also noted that the proposed development is similar use to other propeities in this immediate area. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Thea Rothmann and Guy Griebe - Variance application approved as modified. (7:15 p.m.) Thea Rothmann and Guy Griebe, part of the Southwest Quarter of the Northeast Quarter and part of Government Lot 2, Section 18 of Everts Township by Third Silver Lake, requested the following: Request is for a 3 foot (instead of 10 foot setback) from adjacent lot to the west (parcel # 25-000-18-0103-004). Requesting a variance of 7’ from lot line. A letter form Nate and Melanie Hemngton in support of the applicants’ proposed development was noted for the record. The audience was polled with no one speaking for or against the variance as requested. The applicants noted that they required only a 5’ variance instead of the 7’ variance as stated in the application. The original measurement was from the overhang and not from the wall of the proposed development. After consideration and discussion. Ward Uggerud made a motion, second by Thomas Lee and unanimously caiTied, to approve a variance of 5’ from the required side lot line setback of 10’ for the placement of the proposed house addition and attached garage 5’ from the side lot line as depicted on the drawing submitted with the variance application. Hardship/practical difficulty is the terrain features of the applications’ property. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Page 13 W (i ^1 SCALE DRAWING FORM Z^"- ~0102 -oo'i Tax Parcel Number(s) The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements. OHWLs. wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). /" ^ 50 Scale THIRD SiLVfcl^ LKVi liy■%I i i 1 rlpRoPdSiLLi HoJktAO^ITI£,n \;;ftPPR&yi fcO GAQ^-^i^^Pf7 iorJ '2o' t2<o\01 \ WfiU Seme '^'th urr CD-A-t r iSU/rNCStTf \ -ATMi I 'Ji r 1 J>r Of f (-^1 r 1I zrv'; 1 ILoT^l la\^Zt i 1 22^.22 -2 to ■y^ ^5407 3 44-f^Ave, fkreel 2S'm-i^-oic%-oos 3.12.1 h #6 Signature of Property Owner Date 3B4 12C • ViiU4 Liindeeri r.u. PriniRs • Ketqns l^ails M!si • 1-H.Ji. .'-Wl''•Jri/'.'. IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^):Signature:Date: Buildings Other Impervious Surface Existing Proposed Existing ProposedFt^Ft^Ft^Ft^ I I 2.0Dwelling lli>0 Deck(s) Attached Garage Patio(s)80 ^001040Detached Garage Sidewalk(s) 15^Storage Shed Landing(s) WOAS Driveway(s)1130 RCU Parking Area(s) Miscellaneous Retaining Wall(s)lA Landscaping (Plastic Barrier) Miscellaneous 5 o^l ,25^-TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^Ft^Total Buildings C'/ . ^^5*}iZ.0, OHo2^b35^ Z 100+==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^ 35 97^.) ] n(o'Z 3S 2430 o>n iL>100+--X = Impervious Surface Calculation Worksheet 03-25-2014 March 9, 2016 To the Otter Tail County Variance Committee: We are writing to express our support of the residence at Parcel # 25000180103003 / 25489 344'*' Ave, Battle Lake, MN 56515-9633, owned by Guy Griebe & Thea Rothmann, have made for a variance exception. We understand their request to be in regards to: • Building an addition to their current home • Addition would be to the west, towards our property • Allow the new addition to be as close as 3ft to our property line We fully understand this request, and happily support the request they are making for an exception to variances. Please allow them to build as close as 3ft to our property line. Please contact Nate at 612-532-0250, or herr0204^gmail.com with any questions or further information. Kind Regards, Nate Herrington & Melanie Herrington Owners of Property adjacent to the west of Guy & Thea Land Parcel # 25000180103004 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 28th, day of March, 2016 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Guy W Griebe & Thea L Rothmann, 25489 344*'' Ave, Battle Lake, MN 56515 Everts Twp Clerk , Attn: Roland Mann, 27234 368*'^ Ave, Battle Lake, MN 56515 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 Fails, 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 Rod Boyer, 51127 E Wymer LK RD, Frazee, MN 56544 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: March 28th, 2016 Wayne Stein, Secretary Otter Tail County Board of Adjustment I ] ]oiHBy: Vi Manderud * * .1''. i. EVERTS TOWNSHIP ATTN ROLAND MANN 27234 368TH AVE BATTLE LAKE, MN 56515 9146 SCOTT E & KRISTINE A ARNDT 33815 NORTHVIEWRD BATTLE LAKE, MN 56515 9126 KERRY'D & SARA J ANDERSON 409 HIGHWAY 281 NE CARRINGTON, ND 584218795 NATHAN & MELANIE HERRINGTON 6674 CORTLAWNCIRS GOLDEN VALLEY, MN 55426 1556 GUY W GRIEBE & THEA L ROTHMANN 25489 344TH AVE BATTLE LAKE, MN 56515 9633 EUGENE B III & KRISTI FLOERSCH 34778 260TH ST BATTLE LAKE, MN 56515 9129 ROBERT W & RUTH J ZINKEN 2791 105TH AVE SE SAINT CLOUD, MN 56304 9761 JUSTIN LWASSTST 29432 300TH ST BIGELOW, MN 56117 1127 V Jitt 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 -Iwww.co.otter-tail.mn.usOTTER TRIl Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Thea Rothmann and Guy Griebe 25489 344*'^ Ave Battle Lake, MN 56515 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, April 14, 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 Southwest Quarter of the Northeast Quarter and part of Government Lot 2, Property Address - 25489 344*^ Ave Section 18, Township 133, Range 40 - Township Name - Everts Lake No. 56-302, Lake Name - Third Silver, Class - RD The variance requested is - the following: Request is for a 3 foot (instead of 10 foot setback) from adjacent lot to the west (parcel # 25-000-18-0103- 004). Requesting a variance of 7’ from lot line. Wt^ne Stein Board of Adjustment Secretary March 24, 2016 v) .1.. J