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HomeMy WebLinkAbout25000190109000_Variances_12-12-2018Variances 2 Barcode 128 \ZWz\'2o\'^i mmDate Stamp 1215796 'icotrii/cL) [^oy 2GI8 ANDSRESOORC- CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MH RECORDED OH 12/18/2013 10:33 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: H r-~ ■X.S ■>. X i;o 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 .20 iCOMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / Date PROPERTY OWNER 7ow\ AvAKjT MAILING ADDRESS JSOrH ST I , "VI icD LAKE NUMBER LAKE NAME :Sf/Cv'£:|^ 4 /\|6(r Coj|'?\ 770 - /G?<hDAYTIME PHONE LAKE CLASS 11 TOWNSHIP HC TOWNSHIP NAME (EveP-T 5RANGESECTION E-911ADDRESS 3 Vfc POPARCELNUMBER |9-olOH-000 LEGAL DESCRIPTION 34.58 AC W 290' OF W1/2W1/2NE1/4NE1/4 & El/2 El/2 NWl/4 NEl/4 & Wl/2 NWl/4 NEl/4 & Wl/2 El/2 NWl/4 NEl/4 EX TR TYPE OF VARIANCE REQUESTED (Please Check) Subdivision Z' Cluster WECS Misc.Structure Size Sewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. CEr/VTC- .4 ■Roupbs RE rVlEPT I5 5" . UjfS M t'O "R.g. T4 I L) ^ 4T 3 <3l -p -fo 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. y / / / __________________ “Signature dF propi^rty owner / agent for owner /I --^0- I TV DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 6: VI- I ^ ^TimeDate Of Hearing Motion Tom Avant - Denied. (6:41p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to deny the variance as request as no adequate hardship/practical difficult had been shown that would allow for the granting of the variance as requested, the granting of the variance as requested would establish precedence and the applicant has the ability to either comply with the ordinance or to use the platting process to create the desired lot. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) I__ No /{mu iz// 7//^ ,VR Official/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 08232017-001 364,738 • Vidor Lundeen Co.. Printers > Fergus Falls. MN • 1 •600-346-4870 M)nni«pV» UnUflTm Oop*»v»n«inj;.OUn.li« (f«T*). *i.:’. OoWfil'on Ofto Joint T*nant« -■;t•r-* OFFICB OI» CQU^r^V RBOOl ■prra^i taIl cou.jty, mw dV^eu. cem-iFioATE REOgiyeoyj 7G21E3 RDBR No delinquent and transfer ontorodi Certificate of Real Estate Value ( ‘TTfllod ( ) not required Certificate' of Real Estate Value No-----______________________________19^ 3^Ottlce 01 Votjii-.y liecorouf Couniy ol Otter Tan I h^' oaitiV tMt tn* vMtNn IntlniinM vn* «M *no «U ObV MlcraJlim«l ai Ooc. If ir, i County Auditor i\I Countyby—— Otpuy i.c 4 IDeputy I STATE DEED TAX DUE HEREON: J?/ <tT /Date;!(reserved for recording data) FixBt- State Bank of AshbyFOR VALUABLE CONSIDERATION corporation ___ vmder thAlaws ofTom 'TtVHnt and EdWinna. aN .1 n n bso t a , Grantor, hereby conveys and warrants toAvan€z , Oiantei"Otter^ Tall County, Mimesota, described as fas Joint tenants, real property In "Sii (LEGAL DESCRIPTION ON GACK SIDE)\ 100 (i( mor* Is re«d9d, cOi^Unus on b»ek>together with all heredltatnonls and appurtenances belonging thereto, subject to the following dxcepUons: County Of OMcr Tall State of Minnesota . ^ - PEED TA>:.............. FIRST STA'^ BANK OF30 HRV Dmc Aas't Cashlor By Z-; ItsSTATE OF MINNESOTA COUNTY OF I ssGrantII __ day of____Twila J. Stierlcn The foregoing was acknowledged before me this by Lon J. Rj'Iat^der____________ June . JoMIand and ... iPrestheentAas't Cashieri !of FIRST STATE BANK OF ASHBY under the laws of____________MinpepotR_______ I WOTAaiAL S1AMP OK SKAt <OH OTJlEa TtTUe OH KANK) ' 1 _________________ , a oorporflt inn , on behalf of the Board of Dlirft<-.tr>ra! SION^iJR^^fiftl' t’E^oJT'Jj^klNd'AOItNOWLEDaMENT'”’ ■" | Tom and Edwinna Avant I ^"'''evelyn'lano........I I# ^a'«£-SSSS5» I BMpktn Jura 15, it^3 •■uww*»>i,^,vA*v»4*v*»**^rtvv«r>s5 b? ^ I tr- i I'TItJS rMSTItOMBNTWAS DUAI'Ttta BY (NAMB AND AflORKSS); ^ i 1 PAULSON LAND CO.BATTLE LAKE, Mn 56515 1 I I1 I 1 I ! 1 )Iri!>i !I :, Ia!:I!* !I i ...J I ...... i. The Went 390 Ceot of the West Half of the West Hal f (W i/2 of W 1/2) of the Kortheaet Quarter of the Northeast Quarter (NE 1/4 of NB 1/4) of Section Nineteen (19)/ Township One Hundred Thirty- three (133), Ran^e Forty (40), Otter Tail County, Minnesota, (approximately 8.78 acres) > AND Thu Bast Half of the East Half (E 1/2 of B 1/2) of the Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4) of Section Nineteen (19) , Township One Hundred Thirty-throe (133) , Range Forty (40), otter Tall county, Minnesota, (approximately 10 acres), AND The West Half of the Northwest yrarter of the Northaast Quarter (W 1/2 of NW 1/4 of NE 1/4) and the West Half of the East Half of the Northwest Quarter of the Northeast Quarter (W 1/2 of E i/2 of NW i/4 of NE 1/4) of section Nineteen (19), Township On© Hundred Thirty-three (133), Range Forty (40), Otter Tall County, Minnesota, except that part lying westerly of the following described lines Commencing at a point on the northerly lino of said Northeast Quarter (NE 1/4) a distance of 46S.94 feet easterly of the Northwest corner thereof; thence southerly parallel to the easterly line of said Northeast Quarter (NE 1/4) to the southerly line of the Northwest Quarter of said Northeast Quarter (NW 1/4 of NE 1/4) and there terminating, containing 15.8 acres more or lose. MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, December 13, 2018 The Otter Tail County Board of Adjustment met Thursday, December 13, 2018, with the following persons in attendance: Douglas Larson Steve Schierer Thomas Lee Keimeth Vorderbrugen Rod Boyer Darren Newville Chris LeClair, Land and Resource Management Ben Olson, Assistant County Attorney Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the November 8, 2018 meeting as mailed. The Board of Adjustment considered the following applications for variance: Kelly Dorn - Variance application approved as requested. (6:32 p.m.) Kelly Dorn, part of Government Lot 2, Section 22 of Pine Lake Township by Big Pine Lake, requested the following: New garage 10’ from property line and 24’ from driveway easement. County has property line as road right-of-way. We are asking to build 10’ from property line on driveway easement side. Same setback as old garage that has been removed. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Rod . Boyer and unanimously carried, to approve a variance to place a new 30’ by 36’ garage 10’ from the property line and 24’ from the driveway easement as requested in the variance application dated November 25, 2018 and as depicted on the drawing submitted with the application. The variance as approved does not directly or indirectly grant any other variances for the proposed development. Tom Avant - Denied. (6:41 p.m.) Tom Avant, part of the Northwest Quarter of the Northeast Quarter, Section 19 of Everts Township by Silver Lake, requested the following: To create a metes and bounds parcel at 2.5 acres. Requirement is 5 acres. Wish to retain 32 acres. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Darren Newville and unanimously carried, to deny the variance as request as no adequate hardship/practical difficult,had been shown that would allow for the granting of the variance as requested, the granting of the variance as requested would establish precedence and the applicant has the ability to either comply with the ordinance or to use the platting process to create the desired lot. Kenneth and Kay Krajsa — Ordinary High-Water Level Variances Approved and Septic System Variances Denied. (6:55 p.m.) ; Kenneth and Kay Krajsa, part of Government Lot 3, Section 30 of Corliss Township by Little Pine Lake, requested a variance of 16’ to build a second story addition to the dwelling at 59’ from the ordinary high-water level. The second story addition will not change the existing footprint and will not be any closer to the lake. Proposed second story addition roofline would match the existing roofline. Requesting a variance of 6.5’ for the second story addition to be 3.5’ from the septic tank. Requesting a variance of 4.5’ to build a 10’ by 14’ deck 70.5’ from the ordinary high-water level. Requesting a 10’ variance to build a 10’ by 14’ deck 0’ from the septic tanks. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, seconded by Doug Larson and unanimously carried, to approve a variance of 16’ from the required ordinary high water level setback of 75’ for the construction of a second story addition to the existing dwelling 59’ from the ordinary high water level and at least 10’ from the septic tank and a variance of 4.5’ from the required ordinary high water level setback of 75’ for the placement of a 10’ by 14’ deck 70:5’ from the ordinary high water level and at least 10’ from the septic tank. The requested variances from the septic tank were denied due to public health safety concerns. The variances as approved do not directly or indirectly grant any other variances for the proposed development. 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For Reference Use'^Only. Accuracy is not guaranteed;^Tail County gis Departmert, otterTaii0-'ao7 0.036 ao7 mi Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTiRTflll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Tom Avant 34690 250‘^' St. 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, December 13, 2018 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 34.58 acres in the Northeast Quarter, Property Address - 34690 250"’ St. - 56515 Section 19, Township 133, Range 40 - Township Name -:Everts Lake No. 56-302, Lake Name - Silver, Class - RD The variance requested is the following: To create a metes and bounds parcel at 2.5 acres. Requirement is 5 acres. Wish to retain 32 acres. ‘Wayne Stein Board of Adjustment Secretary November 21,2018 OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 26th, day of November, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Tom Avant - 34690 250*'’ St., Battle Lake, MN 56515 Rollie Mann, Everts Township Clerk, 27234 368**’ Ave, Battle Lake, MN 56515 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Public Works Director, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Silver Lake Association - CIO Don Halverson, 36707 N Silver Lake RD, Battle Lake, MN 56515 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 313 S Mill St. #2 - Fergus Falls, MN 56537 Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6**’ St NE, Perham, MN 56573 Rod Boyer, 51127 Wymer Lake RD E, Frazee, MN 56544 Douglas Larson - 2118 Woodland Ln, 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: November 21, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud GERALD A & KAREN M FREDERICK 35796 265TH ST BATTLE LAKE, MN 56515-9123 TOM & EDWINNA AVANT 34690 250TH ST BATTLE LAKE, MN 56515-9121 ERIC & JUDY AUNE JT REV TST PO BOX 550 NORWOOD YOUNG AMERIC, MN 55368-550 LUONA D WALLACE GOODWIN 9011 I51STSTW PRIOR LAKE, MN 55372-2141 SUMMER R HARTY 34653 250TH AT BATTLE LAKE, MN 56515-9121 MICHAEL & HEIDI GENEREUX 420 4TH ST N WAHPETON, ND 58075-3933 JANET A HOUSER TST 2343 EASTWAY AVE SHAKOPEE, MN 55379-3921 DEBRAH R LUNDQUIST 26634 COUNTY HIGHWAY 83 BATTLE LAKE, MN 56515-9125 JAMES M PRALLE 7626 SHADOW LN HORACE, ND 58047-9530 Everts Township Clerk Rollie Mann 27234 368*^ Ave Battle Lake, MN 56515 ROXSIE D SCHINDLER 123 HIGHLAND DR CARVER, MN 55315-2002 BRYAN S & LISA A WILKINS 8507 EMERBY PKWY N CHAMPLIN, MN 55316-2494 Silver Lake Association C/O Don Halverson 36707 N Silver Lake Rd Battle Lake, MN 56515 OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USQITfRTflll GOVERNMENT SERVICES CENTER 218-998-8095 FAX: 218-998-8112 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 , 0 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 1^^ & MARCH 31^^ \ 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 # /?- oio^-ooo on my _______), described Application(s) datedATL-l A-fO C.£ 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: pTf 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 denym^ Application(s). if-A.DATED ITY OWNER LR; Forms: Waiver 60 Day Rule 02-21-2017