HomeMy WebLinkAbout25000180103018_Variances_09-14-2017Variances
2
Barcode 128
1196350
□ate Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
09/19/2017 10:45 AMREC0UEDGO
- rLOCOCO AUe 1 2017
LANDSRESOflRCF
r-~
1-0 ;3:FEE: 46.00
PAGES 10
WELL CERTIFICATE REC'D: N
§
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 ^iCX^-
Receipt Number
Accepted By / Date O’P
Isl2- 79/Woi,^
COMPLETE THIS APPLICATION IN BLACK INK
nari,J.PROPERTY OWNER DAYTIME PHONE
Sf /lj£, Cc)/nA,l}{rj /4^V.
3rJ Si /i/tr /c
MAILING ADDRESS
302s LAKE CLASSLAKE NAMELAKE NUMBER
m RANGE O^O TOWNSHIP NAMETOWNSHIPSECTION
E-911
ADDRESS
PARCEL
NUMBER 3Soon \iol S' SV,
Lu^e. MM
LEGAL DESCRIPTION
ScS s Tu^ ss 0^0 Sol fi<. ries/i/o,L 3 am un
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback S\ Structure Size Cluster WECSSewage System Subdivision Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.^jJl_ Ct^t. a Ua/','a/\cc 6^ ji\i /OO* Ilets
f»pi^r-aph><Ml Helen o/OlJ huilHfy / Ht V*. c/
C-- S^ho// M/ ,'fth a^rtfi/c of lr<cj li Us*'o^
U'K impede. neHeei! h„d ^^Hcej 7^
-h/o C/o^Se fUt. Z?/' . Uc Hu! c-f house
n ') C/o5es/ fht laLi he ^e:/' cet CA.) feel- ^ O t
(A) l^ixc-k ^ctnsL^ ^ 7
\S Cl IjecLul-lfHl /a.fc- S’ I'nio Ujfli. pmscy^oi'^ 4iS of
Agljicr-n.1 /rZv Cl. S /Pcss^^ A /g. Hhankjfo’Lu
4=
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.
n
72/-----------------------------------------------------------------------------SIGNATURE 01^ PROBEI^TY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
( r P-mte'S • FpfguS FaHs Mmnesi'ta
?d=,
if rmJ'-yZ-Zertt TimexMzO.Date Of Hearing iK.
Motion
Summer Harty - Denied. (8:15 p.m.)
After discussion and consideration, Darren Newville made a motion, seconded by Chris McConn and carried with Thomas Lee
and Paul Larson voting no, 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. It was noted that a reasonable use of the property can be obtained
without the granting of the variance as requested and it was noted that this is a large lot that should provide a buildable site that
does not require the granting of variances. Those voting against the variance as requested noted that this type of request has been
granted in the past and were concerned with excavation in the hill area.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
y. No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bK ^7|01|1-,9pi
2017
September 14,
. * *1165787
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
10/14/2015 2:09 PM
ICO No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( Upled ( ) not required
Cert, of Real Estate Value No.^^
(Year)
Wayne Stein, County Auditor/Treasurer
COp
LT3C>Ln
FEE: 46.00
PAGES 8
WELL CERTIFICATE REC'D: N
X
CO
RECEIUED
i f 2017
'-AND&BESOflBCE
Deputy
CONTRACT FOR DEED
Individuals to Individual
Date:,, 2015
THIS CONTRACT FOR DEED is made on the above date by Robert J. Streifel and
Rachel M. Streifel. husband and wife, Sellers (whether one or more), and Summer R. Harty,
Purchaser, (whether one or more).
Seller and Purchaser agree to the following terms:
1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys,
real property in Otter Tail County, Minnesota, described as follows:
That part of Government Lot 3, Section 18, Township 133 North, Range 40 West, Otter Tail
County, Minnesota, described as follows:
Commencing at the Southwest corner of said Government Lot 3; thence North 88 degrees 39
minutes 53 seconds East, assumed bearing, along the South line thereof 831.81 feet to the
point of beginning of the tract to be herein described; thence North 88 degrees 39 minutes 53
seconds East along said South line 477.92 feet, more or less, to the West line of the East
1320.00 feet of said Government Lot 3; thence North 00 degrees 19 minutes 37 seconds East
along said West line 493 feet, more or less, to the shoreline of Third Silver Lake; thence
Northwesterly along said shoreline to the intersection with a line bearing North 19 degrees 57
minutes 42 seconds East from the point of beginning; thence South 19 degrees 57 minutes 42
seconds West 742 feet, more or less, to the point of beginning.
Subject to and together with an easement for ingress, egress and utility purposes over, under,
and across the South 100.00 feet of Government Lot 3 of Section 18, Township 133 North,
Range 40 West, Otter Tail County, Minnesota, lying Westerly of the East 1320.00 feet of said
Government Lot 3 and lying Northerly of the North right-of-way line of Township Road 250th
Street.
1
%'
Said easement to be used for uninterrupted and ungated vehicular and pedestrian ingress,
egress and utility purposes. Secluded Land Company LLC, its successors and assigns reserve
the right to improve, maintain and repair said easement area consistent with its intended
purposes.
together with all hereditaments and appurtenances belonging thereto (the Property).
TITLE. Seller warrants that title to the Property is, on the date of this contract,
subject only to the following exceptions;
2.
(a)Covenants, conditions, restrictions, declarations and easements of record
if any;
Reservations of minerals or mineral rights by the State of Minnesota, if(b)
any;
(c) Building, zoning and subdivision laws and regulations;
(d) The lien of real estate taxes and installments of special assessments
which are payable by Purchaser pursuant to paragraph 6 of this contract;
and
(e) The following liens or encumbrances: None.
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser’s prompt
and full performance of this contract. Seller shall:
Execute, acknowledge and deliver to Purchaser a Warranty Deed, in
recordable form, the Seller shall have thirty (30) days in which to deliver a
warranty deed or equivalent deed conveying marketable title to the
Property to Purchaser, subject only to the following exceptions:
Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of
this contract:
Liens, encumbrances, adverse claims or other matters which
Purchaser has created, suffered or permitted to accrue after the
date of this contract; and
(iii) The following liens or encumbrances: None
Deliver to Purchaser the abstract of title to the Property or, if the title is
registered, the owner’s duplicate certificate of title.
(a)
(i)
(ii)
(b)
PURCHASE PRICE. Purchaser shall pay to Seller, at 3033 Leyland Trail,
Woodbury, MN 55125 the sum of Eighty Thousand and NO/100 Dollars ($80,000.00), as and
for the purchase price for the Property, payable as follows:
The sum of $16,000.00 in cash upon the execution and delivery of this
instrument, the receipt of which is hereby acknowledged; the balance of
$64,000.00 shall be paid as follows: Installments in the amount of $650.00 per
month or more at the option of the purchaser, including interest at the rate of 3%
per annum computed on unpaid balances. Interest shall begin on October 13,
2015. First payment shall be due and payable on November 13, 2015 and
subsequent payments shall be due and payable on the 13th day of each
4.
2
r
succeeding month. Payments shall be credited first to interest and remainder to
principal. The entire balance of this contract shall be due and payable in full no
later than October 13, 2020.
5. PREPAYRflENT. Unless othenwise provided in this contract, Purchaser shall
have the right to fully or partially prepay this contract at any time without penalty. Upon full
prepayment, shall not include unpaid interest. Any partial prepayment shall be applied first to
payment of amounts then due under this contract, including unpaid accrued interest, and the
balance shall be applied to the principal installments to be paid in the inverse order of their
maturity. Partial prepayment shall not postpone the due date of the installments to be paid
pursuant to this contract or change the amount of such installments.
POSSESSION OF PROPERTY. Upon execution of this Contract, Buyer shall
take possessions of the Property and shall enjoy peaceful possession of the Property for as
long as all payments due under this agreement are made in a timely manner and all other
terms and covenants are complied with.
6.
7. REAL ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before
penalty accrues, all real estate taxes and installments of special assessments assessed
against the Property which are due and payable in the year 2016 and in all subsequent years.
Real estate taxes and installments of special assessments which are due and payable in the
year in which this contract is dated shall be paid as follows: Prorated to date of closing.
8. PROPERTY INSURANCE.
(a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings,
improvements and fixtures now or later located on or a part of the Property insured against
loss by fire, lightning and such other perils as are included in a standard “all-risk"
endorsement, and against loss or damage by all other risks and hazards covered by a
standard extended coverage insurance policy, including, without limitation, vandalism,
malicious mischief, burglary, theft and, if applicable, steam boiler explosion. Such insurance
shall be in an amount no less than the full replacement cost of the building, improvements,
and fixtures, without deduction for physical depreciation. If any of the buildings, improvements
or fixtures are located in a federally designated flood prone area, and if flood insurance is
available for that area. Purchaser shall procure and maintain flood insurance in amounts
reasonably satisfactory to Seller.
(b) OTHER TERMS. The insurance policy shall contain a loss payable
clause in favor of Seller which provides that Seller’s right to recover under the insurance shall
not be impaired by any acts or omissions of Purchaser or Seller, and that Seller shall
otherwise be afforded all rights and privileges customarily provided a mortgagee under the
so-called standard mortgage clause.
(c) NOTICE OF DAMAGE. In the event of damage to the Property by fire
or other casualty. Purchaser shall promptly give notice of such damage to Seller and the
insurance company.
9. DAMAGE TO THE PROPERTY.
3
▼ -
(a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged
by fire or other casualty, the insurance proceeds paid on account of such damage shall be
applied to payment of the amounts payable by Purchaser under this contract, even if such
amounts are not then due to be paid, unless Purchaser makes a permitted election described
in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next
to the installments to be paid as provided in this contract in the inverse order of their maturity.
Such payment shall not postpone the due date of the installments to be paid pursuant to this
contract or change the amount of such installments. The balance of insurance proceeds, if
any, shall be the property of Purchaser.
(b) PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in default
under this contract, or after curing any such default, and if the mortgagees in any prior
mortgages and sellers in any prior contracts for deed do not require otherwise. Purchaser may
elect to have that portion of such insurance proceeds necessary to repair, replace or restore
the damaged Property (the repair work) deposited in escrow with a bank or title insurance
company qualified to do business in the State of Minnesota, or such other party as may be
mutually agreeable to Seller and Purchaser. The election may only be made by written notice
if the plans and specifications and contracts for the repair work are approved by Seller, which
approval Seller shall not unreasonably withhold or delay. If such a permitted election is made
by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds
into such escrow. If such insurance proceeds are insufficient for the repair work. Purchaser
shall, before the commencement of the repair work, deposit into such escrow sufficient
additional money to insure the full payment for the repair work. Even if the insurance
proceeds are unavailable or are insufficient to pay the cost of the repair work, Purchaser shall
at all times be responsible to pay the full cost of the repair work. All escrowed funds shall be
disbursed by the escrowee in accordance with generally accepted sound construction
disbursement procedures. The costs incurred or to be incurred on account of such escrow
work. Purchaser shall complete the repair work as soon as reasonably possible and in a good
and workmanlike manner, and in any event the repair work shall be completed by Purchaser
within one year after the damage occurs. If, following the completion of and payment for the
repair work, there remain any undisbursed escrow funds, such funds shall be applied to
payment of the amounts payable by Purchaser under this contract in accordance with
paragraph 8(a) above.
INJURY OR DAMAGE OCCURRING ON THE PROPERTY.LIABILITY. Seller shall be free from liability and claims for damages by
reason of injuries occurring on or after the date of this contract to any person or persons or
property while on or about the Property. Purchaser shall defend and indemnify Seller from all
liability, loss, costs and obligations, including reasonable attorney’s fees, on account of or
arising out of any such injuries. However, Purchaser shall have no liability or obligation to
Seller for such injuries which are caused by the negligence or intentional wrongful acts or
omissions of Seller.
10.
(a)
LIABILITY INSURANCE. Purchaser shall, at Purchaser’s own expense,
procure and maintain liability insurance against claims for bodily injury, death and property
damage occurring on or about the Property in amounts reasonably satisfactory to Seller and
naming Seller as an additional insured.
(b)
4
INSURANCE, GENERALLY. The insurance which Purchaser is required to
procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an
insurance company or companies licensed to do business in the State of Minnesota and
acceptable to Seller. The insurance shall be maintained by Purchaser at ail times while any
amount remains unpaid under this contract. The insurance policies shall provide for not less
than ten days written notice to Seller before cancellation, non-renewal, termination or change
in coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such
insurance policy or policies.
11.
12. CONDEAHNATION. If any or any part of the Property is taken in condemnation
proceedings instituted under power of eminent domain or is conveyed in lieu thereof under
threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu
thereof shall be applied to payment of the amounts payable by Purchaser under this contract,
even if such amounts are not then due to be paid. Such amounts shall be applied first to
unpaid accrued interest and next to the installments to be paid as provided in this contract and
in the inverse order of their maturity. Such payment shall not postpone the due date of the
installments to be paid pursuant to this contract or change the amount of such installments.
The balance, if any, shall be the property of Purchaser.
WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any
buildings, improvements or fixtures now or later located on or a part of the Property, nor shall
Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in
good condition and repair. Purchaser shall riot create or permit to accrue liens or adverse
claims against the Property which constitute a lien or claim against Seller’s interest in the
Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable
attorneys’ fees, incurred by Seller to remove any such liens or adverse claims.
13.
14. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser’s full
performance of this contract, pay the deed tax due upon the recording or filing of the deed to
be delivered by Seller to Purchaser. The mortgage registry tax due upon the recording or filing
of this contract shall be paid by the party who records or files this contract; however, this
provision shall not impair the right of Seller to collect from Purchaser the amount of such tax
actually paid by Seller as provided in the applicable law governing default and service of notice
of termination of this contract.
NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in
the Property, a copy of such assignment shall promptly be furnished to the non-assigning
party.
15.
PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money
required under the terms of this contract or fail to perform any of their obligations as set forth
in this contract. Seller may, at Seller’s option, pay the same or cause the same to be
performed, or both, and the amounts so paid by Seller and the cost of such performance shall
be payable at once, with interest at the rate stated in paragraph 4 of this contract, as an
additional amount due Seller under this contract. If there now exists, or if Seller hereafter
creates, suffers or permits to accrue, any mortgage, contract for deed, lien or encumbrance
16.
5
against the Property which is not herein expressly assumed by Purchaser, and provided
Purchaser is not in default under this contract, Seller shall timely pay all amounts due thereon,
and if Seller fails to do so, Purchaser may, at Purchaser’s option, pay any such delinquent
amounts and deduct the amounts paid from the installment(s) next coming due under this
contract.
DEFAULT. The time of performance by Purchaser of the terms of this contract
is an essential part of this contract. Should Purchaser fail to timely perform any of the terms of
this contract. Seller may, at Seller’s option, elect to declare this contract canceled. If a default
should be made in the payment of said sums of money, or any part thereof as provided in this
Contract for Deed, or in the interest that may become due there on or, any part thereof shall
be delinquent and unpaid for two (2) months it shall be optional with the Seller to terminated
by notice to Purchaser in accordance with applicable law. All right, title and interest acquired
upon the Property and ail payments made by Purchaser pursuant to this contract shall belong
to Seller as liquidated damages for breach of this contract. Neither the extension of the time
rights to declare this contract forfeited by reason of any breach shall in any manner affect
Seller’s right to cancel this contract because of defaults subsequently occurring, and no
extension of time shall be valid unless agreed to in writing. After service of notice of default
and failure to cure such default within the period allowed by law, Purchaser shall, upon
demand, surrender possession of the Property to Seller, but Purchaser shall be entitled to
possession of the property until the expiration of such period.
17.
18. BINDING EFFECT. The terms of this contract shall run with the land and bind
the parties hereto and their successors in interest.
19. HEADINGS. Headings of the paragraphs of this contract are for convenience
only and do not define, limit or construe the contents of such paragraphs.
ASSESSMENTS BY OWNERS’ ASSOCIATION. If the Property is subject to a
recorded declaration providing for assessments to be levied against the Property by any
owners’ association, which assessments may become a lien against the Property if not
paid, then:
20.
(a) Purchaser shall promptly pay, when due, all assessments imposed by the
owners’ association or other governing body as required by the provisions of the declaration or
other related documents; and
(b) So long as the owners’ association maintains a master or blanket policy of
insurance against fire, extended coverage perils and such other hazards and in such amounts
as are required by this contract, then;
i. Purchaser’s obligation in this contract to maintain hazard
insurance coverage on the Property is satisfied; and
ii. The provisions in paragraph 8 of this contract regarding
application of insurance proceeds shall be superseded by the
provisions of the declaration or other related documents; and
iii. In the event of a distribution of insurance proceeds in lieu of
restoration or repair following an insured casualty loss to the
Property, any such proceeds payable to Purchaser are hereby
6
assigned and shall be paid to Seller for application to the sum
secured by this contract, with the excess, if any, paid to
Purchaser.
21. ADDITIONAL TERMS:
A)Purchaser shall pay real estate taxes and hazard insurance premiums
directly as they become due and furnish Seller with paid receipt of same.
Purchaser shall not during the term of this contract, cause any material to
be delivered or labor to be performed upon any part of the Property
covered by this contract which exceeds the cost of $2,000.00, unless
Purchaser first obtains the written consent of Seller. Purchaser further
agrees to indemnify and hold harmless Seller against all claims for labor
and materials or services made against the Property covered by this
Contract for Deed and for the costs of enforcing this indemnification,
including reasonable attorneys’ fees.
B)
Seller certifies that:
(X) Seller does not know of any wells on the above described property
0 A well disclosure accompanies this document
0 The status and number of wells on the above described property has not changed since
the last well disclosure filed
:obert J. StreifeK Seller
Rachel M. Streifel, Seller
State of )
)ss.
County )
The foregoing instrument was acknowledged before me this 12.^^ day of October, 2015
by Robert J. Streifel and Rachel M. Streifel, husband and wife, Seilers.
«>3gg
CHRISTOPHER MATTHEW ALLEN S
notary public-MINNESOTA |
'' ^ Commission Expires Jan. 31,2018 ®
Notary Public
7
[ay of October, 2015iment was acknowledged before me this
LStreifel, husbani
Theforggoti _
by Robert J. Streifel am ITe^ Sellers.
Notary Public
<4^
Summer R. Harty, Purchasei
State of
County of
The foregoing instrument was acknowledged before me this / day of October, 2015
by Summer R. Harty, Purchaser.
)ss.
Notary Public
Tax Statements to be sent to;KIM MARIE EDSON
Notaiy Pubfic-MinnesotaSummer Harty
4558 6‘^ NE
Columbia Heights, MN 55421
My Commliilon Expires Jtn 31. KB1
This document was drafted by:
Century 21 Vista
405. W. Lincoln Ave.
Fergus Falls. MN 56537
8
Richard William Gill - Variance application approved as requested. (7:55 p.in.)
Richard William Gill, part of Government Lot 2, Section 6 of Perham Township by Devils Lake, requested the following: The
current ordinance is 5-acre minimum lot size. I am requesting a variance to have my 5-acre parcel split into two 2.5-acre parcels
as it was surveyed and plotted in 1988 before the rules on lot size changed. To have the proposed lots declared buildable for
single family residential use. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Paul Larson made a motion, seconded by Thomas Lee and canied with Darren Newville abstaining
and with Loren Bailey voting no, to approve the proposed subdivision as stated in the variance application date August 19, 2017
and as depicted on the drawing submitted with the variance application. Both proposed lots exceed the required size for platted
lots on a general development lake. Those voting in favor of the motion noted that the approval is consistent with past actions of
the Board of Adjustment. The individual voting against the motion noted that this property would be platted. The variance as
approved does not directly or indirectly grant any other variances for the proposed development or for any fiiture development.
Tyler Bjerke - Variance application approved as modified. (8:05 p.m.)
Tyler Bjerke, Lot 4 Block 1 and Lot 4 Block 2 Parkside View of Pickeral Lake in Maine fownship, requested the following:
Place water oriented accessory structure 20’ from the ordinary high-water level and 20’ from west property line. Soil testing on
site shows proposed location of water oriented accessory structure to be best site. Requesting a variance for a 20’ setback from
west propeity line, required setback is 65’. Matt Hoen, Contractor 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 from Jim and Carol Peterson in
support of the variance as requested was read for the record. After discussion and consideration, Loren Bailey made a motion,
seconded by Thomas Lee and carried with Chris McConn voting no, to approve a variance of 25’ from the required side lot line
setback of 65 for the placement of a water oriented accessory structure 40’ from the west side lot line and at least 20’ from the
ordinary high-water level. The variance as approved does not directly or indirectly grant any other variances for the proposed
development or for any future development.
Summer Harty - Denied. (8:15 p.m.)
Summer Harty, part of Government Lot 3, Section 18 of Everts Township by Silver Lake, requested the following: We are
requesting a variance of the 100’ lakeside setback requirement. Our property has many topographical features that only allow for
one optimal building site. Putting the house at the required 100’ setback pushes it off a small bump hill into a grove of trees to the
south. Using this setback will impede the natural land drainage, require more trees to be cut and possibly places the foundation
too close to the water table. We are requesting that part of the house (approximately 17’) closest to the lake be set at 76’ back
from the ordinary highway water level. The main part of the house 89’ back from the ordinary high-water level and the garage
would be 97’ back from the ordinary high-water level. Our end goal is to have a beautiful lake home to move into while
preserving as much of the natural beauty of the land and lake as possible. 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 Chris
McConn and carried with Thomas Lee and Paul Larson voting no, 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. It was noted that a
reasonable use of the property can be obtained without the granting of the variance as requested and it was noted that this is a
large lot that should provide a buildable site that does not require the granting of variances. Those voting against the variance as
requested noted that this type of request has been granted in the past and were concerned with excavation in the hill area.
Catrina Peterson - Tabled
Catrina Peterson, Lot 3 Pisclike - Taylor First Addition, Spitzer Lake in Leaf Mountain Township, requested the following:
Replace existing dwelling. Requesting a variance to constmet a dwelling and a non-dwelling no closer than 100’ from the
ordinary high-water level. Reason for request unable to meet 200’ setback due to lot size and lake on both sides. All other
requirements would be met. .Inly 13, 2017 meeting - The audience was polled with no one speaking for or against the variance as
requested. Two letters from Dwight Eric Robertson in opposition to the granting of the variance as requested and noting that he
was the legal owner of the property where placed in the file. Catrina Peterson presented a letter from Ryan D. Fullerton, Attorney
with Pemberton Law which disputed Mr. Robertson’s ownership claim. After discussion and consideration, Thomas Lee made a
motion, with the applicant’s (Catrina Peterson) verbal permission, to table the public hearing on this application until the
ownership issue has been resolved. I'his motion was seconded by Dan'en Newville and unanimously canned. August 10, 2017
meeting - A letter was received on Friday, July 28, 2017 requesting that the public hearing be tabled until the September 14,
2017 meeting of the Board of Adjustment. September 14, 2017 meeting - A postcard from Dwight Robertson in opposition to
the requested variance was noted for the record. Prior to the meeting Catrina Peterson called the office and requested the
continuance of the public hearing until the October 2017 meeting of the Board of Adjustment.
Page I 4 September 14, 2017
SCALE DRAWING FORM
t^ocu jU!pools'
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).
i"
A.
6.
C.
0. '
/", tSi)
RHCEiVcD
AUb 2 j 2012
CD
-HCO
05
LU
CO
05
O
h-OCM
z
Signature of Property Owner Date
BK — 042016 360,800 • Victor Lund«en Co„ Printers • Fergus Falls, MN • 1-800-346-4870
IMPERVIOUS SURFACE CALCULATION
List & identify ail 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 Landing(s)
WOAS Driveway(s)
RCU Parking Area(s)1 lO
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
If^roTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^fPTotal Buildings
(,/(fO og.-/9 100+-7-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
O (j
100+-H X
Impervious Surface Calculation Worksheet 04-11-2016
Signature:
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 - wwyv.co.otter-tail.mn.usOTTCR Till I«»*4tr-aifljiieTa
Applicant and/or applicant’s representative must be present.at the scheduled hearing.
To Whom It May Concern:
SummerHarty
4558 6‘^> St NE
Columbia Heights, MN 55421
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirernents of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance anjd/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, September 14, 2017 at 7:30 p.m.
in the Commissioners’ Room of the Otter Tail County Government Services Center,vFergus 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 3,
Property Address - East of 34613 250*^ Str- 56515
Section 18, Township 133, Range 40 - Township Name - Everts
Lake No. 56-302, Lake Name - Silver, Class - RD
V The variance requested is
V The following: We are requesting a variance of the 100’lakeside setback requirement. Our property has many
topographical features that only allow for one optimal building site. Putting the house at the required 100’ setback
pushes it off a small bump hill into a grove of trees to the south. Using this setback will impede the natural land
drainage, require rnore trees to be cut and possibly places the foundation too close to the water table. We are
requesting that part of the house (approximately 17’) closest to the lake be set at (A) 76’ back from the ordinary highway
water level. The main part of the house (B) 89’ back from the ordinary high water level and the garage would be (C) 97’
back from the ordinary high water level. Our end goal.is to have a beautiful lake home to move into while preserving as
much of the natural beauty of the land and lake as possible.
‘Wayne Stein
Board of Adjustment Secretary
August 25, 2017
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
Gourity of Otter Tail)
I, Wayne Stein, Secretary^or the Board of Adjustment for Otter Jail County, Minnesota, do hereby
certify that on the 28th, day of August 2017 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Summer Harty, 4558 6^*'St NE, Columbia Heights, MN 55421
Silver Lake Assoc., Don Halverson, 36707 N Silver Lake RD, Battle Lake,M N 56515
Roland Mann, twp Clerk of Everts, 27234 368*'' Ave, Battle Lake, MN 56515
otter Tail County Cola, % John Mattespn, 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
Loren Bailey, 1963 Oakwood VW, Fergus Falls, MN 56537
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 28th, 2017
Wayne Stein, Secretary
Otter Tail County Board of Adjustment 1
Vi Manderud
By:
•*
MICHAEL & HEIDI GEIMEREUX
420 4TH ST N
WAHPETON, ND 58075 3933
. TOM & EDWINNA AVANT
34690 250TH ST
EiATTLE LAKE, MN 56515 9121
LUONA D WALLACE GOODWIN
9011151STSTW
PRIOR LAKE, MN 55372 2141
i:
DEBRAH R LUNDQUIST
26634 COUNTY HIGHWAY 83
BATTLE LAKE, MN 56515 9125
JANET A HOUSER TST
2343 EASTWAY AVE
SHAKOPEE, MN 55379 3921
SUMMER RHARTY
4558 6THSTNE
. COLUMBIA HEIGHTS, MN 55421 2233
::
/
JAMES M PRALLE
7626 SHADOW LN
HORACE, ND 58047 9530