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HomeMy WebLinkAbout57000080052004_Variances_08-13-2020o 1244646 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORC'ER,’'REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 09/21/2020 08:18 AM FEE: 46.00 PAGES 7 WELL CERTIFICATE REC'D: H >■ t>. ;x; '.0 L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE e COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.us k--WTiRTBIl Application Fee ^ 3oc ■ O O Receipt Number -/^ 7feAccepted by Date Property Owner Name Patricia Absey & Michelle Bartholomay Address 921 6th St S City Fargo State ND Zip 58103 Daytime Phone 701-212-5180 Email patricia.absey@sanfordhealth.org Parcel Information Lake ClassLake No Lake Name56044800 Anna Parcel Number(s)57000080052004 Parcel Number(s) Township Name SectionSverdup 08 Legal Description 15.12 AC PT GL 5 COM NW COR GL 2 S 563.76', N 85 DEG E 240.20', S 51 DEG E 98.18', S 70 DEG E 193.88', S 666.51', E 311.10', S 7 DEG E 421.69' TO PT BG, N 7 DEG W 421.69', W 311.10', S 1336.10' E414'TOLKNELYALGLKTO Physical Address 26521 Co. Rd 35, Underwood, MN, 56586 TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback □□□0 Structure Size SubdivisionSewage System □□ □ Cluster WECS Miscellaneous Version Date: 04/07/2020 1 AGENDA Otter Tail County Board of Adjustment Thursday, September 10,2020OniRTRIt 6:00 p.m. - Meeting Starts via Go-To-Meeting 6:00 p.m. - Call to Order and Approve August 13, 2020 Minutes Name Township/Section Lake/River Physical Address Parcel No. (1) Dean & Delores Jorgenson Old Business Maplewood/Sec. 28 Crystal (739)35372 County Hwy 3 39000280241000 (2) Patricia Absey Michelle Bartholomay Old Business Sverdrup/Sec. 8 Anna (448)26521 Co. Rd.35 57000080052004 (3) Joseph & Susan Jansen Everts/Sec. 5 Round (297) Crystal (749) 27561 Timber Hills Rd 25000990743000 (4) Jeff& Holly Baker Lida/Sec. 11 44559 Bypass Dr 37000990865000 53000990493000 53000990494000(5) Bradley & Patricia Wagner 45932 375“- StRush Lake/Sec. 13 Rush (141) (6) Kelly & Jill Geiger (7) Linda Johnson, Et Al Dunn/Sec. 7 Pelican (786)21673 Broadwater Dr 17000990554000 Everts/Sec. 28 Unnamed (304)2500028018000023104 Asthre Dr 7:00 p.m. (8) John & Sharson Larson 13000040019025Dane Prairie/Sec. 4 Wall (658)24739 Mound Rd (9) Clarence & Carol Reuer Tst Gorman/Sec. 25 30000250146002Little Pine (142)44682 N Little Pine Rd NOTE: In response to the COVlD-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. m Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION VWWV.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER TflileeatTT GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Patricia Absey & Michelle Bartholomay Address/Parcel No. 26521 Co. Rd. 35 / 57000080052004 Requested Variance: Request variance to road right-of-way to place a 10' x 16' WOAS on lake front portion of property. Request the WOAS to be 0' from the road right of wav. Required setback is 20'. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: |||. 4. A. A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: They would like to have a storage structure by the lake as it is a high traveled road and it would be better to not have to brine water accessories back and forth over the busy road. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: This is a safety issue and the impervious surface is under 25%. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: This is a safety issue (hauling water accessories) across County Hwy 35 which is a busy highway. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... n No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: This is parcel is an existing lot or record which is split by a road therefore making it difficult to meet setbacks on the lakeside. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: This is a great safety issue. The Otter Tail County Board of Adjustment: APPROVES the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: September 10, 2020 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) Dean & Delores Jorgenson Cont. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN Thomas Lee X Darren Newwille X Douglas Larson Michael Donoho X X Terry Marthaler Judd Fischer-PC Member X X Patricia Absey & Michelle Bartholomay - Variance Application Approved with Modification (6:18 p.m.) Patricia Absey & Michelle Bartholomay, Pt of GL 5 Com NW Cor GL 2 S (15.12 Acres), Anna Lake (56-448), Sverdrup Township request the following: Request variance to road right-of-way to place a 10’ x 16’ WOAS on lake front portion of property. Request the WOAS to be 0’ from the road right of way. Required setback is 20’. August 13, 2020 After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to table the variance request with the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting. Roll call vote as follows: YEABoard of Adjustment NAY ABSENT ABSTAIN Thomas Lee X XDarren Newville XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X September 10, 2020 Patricia Absey & Michelle Bartholomay, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. Matthew Yavarrow spoke on behalf of the OTC Hwy Dept indicating that as long as the proposal is 60 feet from the centerline of County Hwy 35. they have no objection to the variance request. After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and carried by roll call vote with Terry Marthaler voting no, to approved the variance to construct a 10’ x 16’ water orientated accessory structure being 0’ from the road right of way and 8’ from the ordinary high water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. It was noted that this road has a significant number of vehicles traveling on it and it is a safety concern to be hauling water accessories across the road all the time. Roll call vote as follows: Board of Ad justment YEA NAY ABSENT ABSTAIN XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Judd Fischer - PC Member Page I 2 X Board of Adjustment September 10, 2020 STAFF REPORT Patricia Absey & Michelle BartholomayAPPLICANT: Request the WOAS to be 0' from the Road Right of Way. Required setback is 20'APPLICATION: 26521 Co. Rd 35, Underwood, MN 56586 570000800052004LOCATION: LAKE NAME/NUMBER/CLASS: Anna, 56-448, NE STAFF WHO COMPLETED REPORT: Chris LeClair As ANNA staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No staff recommendation. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A LAKES RIVERS SETBACKS (Ft)U &TGDNE Ae TransRD Elevation Above OHWL Vertical Separation* Setback From 3 3 3 3 3 3 OHWL Dwellings / Non-Dwellings WOAS 200 100 100 15075 100 20 20 20 20 2020 Lotline** 10Single Family Residence Commercial PUD 10 10 101010 50 50 5050 50 50 50 50 50Residential PUD 50 50 50 40 65406590 115WOAS Top of Bluff 30 30 3030 30 30 Road Rieht-of-Wav (Public / Private) 20 20 20All Structures 20 20 20 Septic Tanks 10 10 10All Structures 10 10 10 Soil Treatment Area 20 20 2020 20 20Dwelling Non-Dwelling Maximum Structure Height 10 1010 10 1010 35 35 35353535Dwelling Non-Dwelling 20 2020 2020 20 10 1010 10 1010WOAS Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. No comments. Visited site on August 3, 2020 I * 'i^j W ' '^~ L:S)' 53 m■:, > 1 m Li-., " a « B; W'M1lii: Wfy ^ ssd ■Aiyy'mX ^ '■ ' * \.* m 3k>.- m9: is li»» y 15^" „hr' •iv ^1©;‘^i r: 0' t. mtM .. >'"f ♦ • t wk-L'fJ ai I ;£ LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA August 27, 2020 Patricia Absey Michelle Barhtolomay 921 6'^^ Si. S. Fargo ND 58103 Re: Tabled Variance Application Dear Patricia & Michelle, Please be advised that the Otter Tail County Board of Adjustment has scheduled a meeting for Thursday. September 10, 2020, the public hearing will be held remotel) \ ia Go-To-Meeting. Chris LeClair will forward the link for the meeting to you once he receives it. Your variance request, which was originally tabled at the August 13, 2020 Board of Adjustment meeting, has been rescheduled for consideration at the September 10, 2020 meeting. 1 have enclosed a cop) of the September 10, 2020 meeting agenda for your reference. Please pay attention to the scheduled meeting time. Also, if you have any documentation that you would like the board members to receive prior to the meeting feel free to email it to me and I will forward it on to them for their review. If the date and time for this meeting is not convenient for you. please notify the Land & Resource Management office in writing prior to the September 10, 2020, meeting and 1 will have your request rescheduled for the next available meeting of the Board of Adjustment. Should you have any questions or require any additional information please feel free to contact me. Sincerely, Secretary Board of Adjustment abusko@co.ottertail.mn.us ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 m • Kevil/Gilbert Cont. excavate and level out the approximately 2’ high ridge running on both sides of the approximately 15’ wide abandoned road running across the top of the bluff Kevin Gilbert, property owner and Ted & Lisa Sharf, proposed buyers represented the variance application via GoToMeeting. The audience was polled with Greg Mikkelson, neighbor to the west spoke in favor of the variance as requested. A letter was received and read from Rod & Sheila Kann which identified questions and concerns they have about the proposed project. After consideration and discussion, Douglas Larson made a motion, seconded by Thomas Lee, and carried by roll call vote to deny the variance request as they have room to meet the setback requirements. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not directly or indirectly grant any other variances for future development. Roll call vote as follows: Board of Adjustment ABSENT ABSTAINYEANAY XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X Patricia Absey & Michelle Bartholomay - Tabled (9:23 p.m.) Patricia Absey & Michelle Bartholomay, Pt of GL 5 Com NW Cor GL 2 S (15.12 Acres), Anna Lake (56-448), Sverdrup Township request the following: Request variance to road right-of-way to place a 10’ x 16’ WOAS on lake front portion of property. Request the WOAS to be 0’ from the road right of way. Required setback is 20’. Patricia Absey & Michelle Bartholomay, property owners represented the variance application via GoToMeeting. The audience was polled with no one speaking for or against the variance application. A letter from Otter Tail County Highway Department was received and read for the record. Phyllis Bergem submitted an email in support of the variance as requested which was read for the record. After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to table the variance request with the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting. Roll call vote as follows: Board of Ad justment ABSTAINABSENTYEANAY XThomas Lee Darren Newville X XDouglas Larson Michael Donoho X XTerry Marthaler Brent Frazier - PC Member X Other Business - None With no further business, Thomas Lee, Chairman declared the meeting adjourned at 9:35 p.m. Prepared by: Amy Busko, Secretary The minutes were emailed on August 28, 2020, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Page I 10 Board of Adjustment August 13, 2020 . I A mf A Amy Busko Amy Busko Wednesday, August 12, 2020 8:56 AM Brent Frazier; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair Correspondence SPRTLR0220081208260.pdf From: Sent: To: Cc: Subject: Attachments: Good morning - Attached you will find correspondence from the Hwy Dept in regards to a couple variance requests. Thanks and have a great day AMY BUSKO From: PRTLR02@CO.OTTERTAIL.MN.US <PRTLR02(5)CO.OTTERTAIL.MN.US> Sent: Wednesday, August 12, 2020 8:27 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Scan from OTC Land & Resource 1 i HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537OTTER TAIL COUNTY - MINNESOTA August 11, 2020 RECEIVED AUG 12 202C -AND & RESOLIBCI Amy Busko Otter Tail Board of Adjustments 510 West Fir Avenue Fergus Falls, MN 56537 RE: Variance for Patricia Absey & Michelle Bartholomay 26521 County Hwy 35 PID: 57000080052004 Dear Amy: We have reviewed the above referenced variance request and have the following comments: Otter Tail County Highway Department is scheduled to reconstruct this section of C.S.A.H. 35 in 2023 or 2024. To meet State Statutes for the design of the highway, we will be requesting an additional ten feet of right of way on both sides of the highway centerline. This will increase the right of way width from 50 feet to 60 feet. If the petitioner cannot meet a ten-foot setback from existing 50 feet of right of way, we request denial of this variance. If you have any questions or require more information, please feel free to contact me at any time. Sincerely, Otter Tail County Highway Department Matthew Yavarow Asst. County Engineer cc: Charles Grotte, County Engineer Project File ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8470 I:\HWYSHARE\C S A H • C H Corr\CSAH 35\Absey & Bartholomay Variance.docx y Amy Busko Amy Busko Monday, August 10, 2020 12:19 PM Brent Frazier; Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair Absey Variance Requesat From: Sent: To: Cc: Subject: See below for comments in regards to the Absey/Bartholomay Variance Request. Thanks AMY From: Phyllis Bergem <phyllisb@prtel.com> Sent: Monday, August 10, 2020 12:16 PM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: August 13 2020 variance request for parcel no. 57000080052004 Phyllis D. Bergem 27100 County Hwy. 35 Underwood, MN 56586 Otter Tail County Board of Adjustment c/o Amy Busko Government Services Center abusko(5)co.ottertail.mn.u5 August 10, 2020 Patricia Absey and Michelle Bartholomay 26521 Co. Rd. 35 Lake Anna (448) Parcel No. 57000080052004 Re; Dear Members of the Board of Adjustment: I am writing in support of the above-referenced variance request my neighbors have made to place a storage shed on their beach. My home is on Lake Anna, directly northeast of the property that is the subject of the variance. I have been living on Lake Anna full-time since 1988. I love the natural, relatively undeveloped character of Lake Anna, with its abundance of wildlife and vegetation. During our time here, we have tried to keep our portion of the lake as natural as reasonably possible. \A/ith all this in mind, for the following reasons I nevertheless support my neighbors' request to build a shed on the beach. 1 Minimal impact — I believe the shed will pose a minimal impact on the lakeshore's ecology. It is small, with no plumbing, and so will have minimal runoff and no drainage. In addition, the construction of a small shed will have less of a visual impact than the cars that travel the highway just beyond it. 1. Safety — It is my understanding that the shed will be used for storing items used on the beach, such as life jackets, paddles, cushions, chairs and so on. Having these items stored in a shed near the water is safer than having multiple trips to the house or garage, both of which are located across Highway 35 from the beach on my neighbors' property. 2. Thank you for your consideration. Sincerely, Phyllis D. Bergem 2 J >4 Amy Busko Amy Busko Monday, August 3, 2020 9:46 AM Darren Newville; Douglas Larson; Michael Donoho; Terry Marthaler; Thomas (Tom) Lee Chris LeClair; Brent Frazier Variance Correspondence From: Sent: To: Cc: Subject: Good morning - Below is another comment regarding a variance request for the Absey Variance on Lake Anna. Thanks AMY From: Steve Marquard <smarquard2@gmail.com> Sent: Sunday, August 2, 2020 8:31 AM To: Amy Busko <ABusko@co.ottertail.mn.us> Subject: Boat house I approvethe boat house on Lake Anna for the Absey ladies 1 I Amy Busko Steve Marquard <smarquard2@gmail.com> Sunday, August 2, 2020 8:31 AM Amy Busko Boat house From: Sent: To: Subject: Follow up Flagged Follow Up Flag: Flag Status: received AUG 03 2026 -AND & f^ESOURCt I approvethe boat house on Lake Anna for the Absey ladies 1 STAFF REPORT Patricia Absey & Michelle BartholomayAPPLICANT: Request the WOAS to be 0' from the Road Right of Way. Required setback is 20'APPLICATION: 26521 Co. Rd 35, Underwood, MN 56586 570000800052004LOCATION: LAKE NAME/NUMBER/CLASS: Anna, 56-448, NE STAFF WHO COMPLETED REPORT: Chris LeClair il! •ANN^ Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: 1. No staff recommendation. Applicable Ordinances/Statutes SHORELAND MANAGEMENT ORDINANCE SECTION III, Subp. 4, A LAKES RIVERS SETBACKS (Ft) Elevation Above OHWL U&TGDRDNE Ae Trans Vertical Separation* Setback From 3 3 3 3 3 3 OHWL Dwellings / Non-Dwellings 100 200 100 100 15075 WOAS 20 20 20 20 20 20 Lotline** Single Family Residence Commercial PUD 10 10 10 10 10 10 50 50 50 50 50 50 Residential PUD 50 50 50 50 50 50 WOAS 40 65 90 40 65 115 Top of Bluff 303030 30 30 30 Road Rieht-of-Wav (Public / Private) All Structures 20 20 20 20 20 20 Septic Tanks All Structures 10 10 10 10 10 10 Soil Treatment Area Dwelling 20 20 20 20 20 20 Non-Dwelling Maximum Structure Height 10 10 10 10 10 10 35Dwelling Non-Dwelling *** 35 35 35 35 35 20 20 2020 20 20 10101010 10 10WOAS Staff Comments; Based on a review of the application and a site review, Staff offers the following comments: 1. No comments. Visited site on August 3, 2020 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Patricia Absey & Michelle Bartholomay 9216*^ St. S. Fargo ND 58103 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, August 13, 2020 at 8:00 p.m. in response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by email, in writing, or by participating in the remote public hearing. Information regarding access to the Go-To-Meeting public hearing will be provided on the Land & Resource website. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Parcel No.- 57000080052004 Pt of GL 5 Com NW Cor GL 2 S (15.12 Acres) Section 08, Township 133, Range 41 Township Name - Sverdrup Anna (56-448), Natural Environment (NE) 26521 Co. Rd. 35, Underwood MN 56586 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the following; Request variance to road right-of-way to place a 10' x 16' WOAS on lake front portion of property. Request the WOAS to be 0' from the road right of way. Required setback is 20'. Amy Busko Board of Adjustment Secretary July 30, 2020 ottertailcountymn.us(a)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 - -T't; OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 30'^ day of July, 2020 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Lake AssociationTownship ClerkProperty Owner Patricia Absey & Michelle Bartholomay Marjean Martelle, Clerk Sverdrup Township 730 W Lincoln Ave Fergus Falls, MN 56537 None 921 St. S. Fargo ND 58103 City Clerk (if located within 2 miles of a city) NA Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Ne^Perham):Little">tH^nald Little pJfc^Big Pine: Pelic^ FisnSBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist,, PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 S Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 , Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ILI Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Flwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'*' St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: Brent Frazier, PO Box 255, Peliean Rapids MN 56572 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print File 1Dated: July 30, 2020 Extra 5 BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT_____ I I Added to Agenda D Map r~~| Print out Findings of Fact Sheet Newspapers FFDJ______________ Amy Busko, Secretary Otter Tail County Board of Adjustment 5 1'Uii Minutes/By:4Amy Busko 16 l:\BOA\August BOA\Bartholomay Affidavit (448) 08-13-20.dc Buffer Parcels Citv St Zip Fergus Falls MN 56537 2904 AddrZAddrlParcel No Name 2Name 1 Michael Oehler 221 Alcott Ave E57000080052000 Underwood MN 56586 942157000080052001 Phyllis Bergem 1st 27100 County Highway 35 Underwood MN 56586 942127100 County Highway 3557000080052003 Phyllis Bergem Tst Fargo ND 58103 274257000080052004 Michelle Bartholomay & P Absey 921 6th St S Underwood MN 56586 935057000080054000 Doris Ann Opsahl 31164 240th St Page 1 of 1Thursdav. July 30. 2020 Buffer Mail Address i City, State, ZipNameAddress 2 Michelle Bartholomay & P Absey 9216th StS Fargo ND 58103 2742 Michael Oehler 221 Alcott Ave E Fergus Falls MN 56537 2904 Doris Ann Opsahl 31164 240th St Underwood MN 56586 9350 Phyllis Bergem Tst 27100 County Highway 35 Underwood MN 56586 9421 Thursday, July 30, 2020 Page 1 of 1 SCALE DRAWING FORM §'~h&&€>06 OQSAOQJ-i I Tsk Paccftl Nun^lw(s) Th© scats draWiHng must be a signod drawing whictiincludes and kiontilies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, totlines, road light-ot-ways. eascme|ts. OHWLs. welts, wetlands and topographic features (i.e. bluffs). Must also comf^ete the Impervious Surface Calculation (see back).I State t 5 hJ f-3 ^ V <0 n 4' 4 'A<y .5- /i 5 BK >-042016 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. \%.00Lot Area (ft^);1 .4^Buildings Other Impervious Surface Existing Proposed -•Existjng ProposedFt^«»Ft Ft Dwelling innDeck(s)*9 Attached Garage Patio(s) Detached Garage Sidewaik(s) Storage Shed Landing(s) 005WOASDriveway(s) RCU_________^ /-Misceilarreotis Parking Area(s)*-v . <o Retaining Wall(s) A Landscaping {Plaslic Barrier)Miscellaneous TOTAL OTHER00TOTAL.gDlLPp^S ■ r Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^FP Ft^Ft^Total Buildfnas ■f i ZOO!Si,A .00 WA 100 i =X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% f TolS Existing Proposed Total Lot Area Impervious Surface Ratio BuilSir^^ Other Impervious Surface fPFt^Ff Ff idJllFh-O.waii . SiqnatureN/i^/i ([iSn 6,2&5,7S \ML 100 ^ ^mpervious Sur'ace Calcuialion Works^csal 0<-11-20'.6 *Date IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. 3,033 S^. H ( LclIu 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 4gQDriveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous IbOTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^ Ft^Total Buildings ll^Olb O 0-o5^100+•4-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^fP Ft^ Ft^ bioI bb^30 I SO- / ^/o100+-7-X Impervious Surface Calculation Worksheet 04-11-2016 -7-Ai)Date m r SPECIFY HOW YOUR PROJa VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: SECTION OF ORDINANCE:_______ Road Right-of-wav 4. Minimum Structure Setback Requirements Request variance to road right-of-way to place a 10'X16' WOAS on lake front portion of property. -b 0' fhi f^tj of yOcUj. ■ I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99, SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE- HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. Z-cI), S. Signature of property owner/agent foijpwner DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) sh I Si 2^'2^^S'OC>Date of Hearing Time Motion Patricia Absey & Michelle Barfholomay - Variance Application Approved with Modification (6:18 p.m.) August 13, 2020 After consideration and discussion, Darren Newville made a motion, seconded by Terry Marthaler, and carried by roll call vote to table the variance request with the applicant’s verbal permission to the September 10, 2020 Board of Adjustment Meeting. September 10, 2020 After consideration and discussion, Michael Donoho made a motion, seconded by Thomas Lee and carried by roll call vote with T erry Marthaler voting no, to approved the variance to construct a 10’ x 16’ water orientated accessory structure being 0’ from the road right of way and 8’ from the ordinary high water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. It was noted that this road has a significant number of vehicles traveling on it and it is a safety concern to be hauling water accessories across the road all the time. (tihp JJ\jYn/jL/ lUy Chair man/Otter Tail County Board of Adjustment 5Permit(s) required from Land & Resource Management Yes No Note: If Yes, contact Land & Resource Management lfMVh,V)lCVCopy of Application mailed to Applicant, County Assessor and MN DNR L8iR Official/Date 2 •i*i ’ - :©2012 P703/10.5.3 1166800 (D Icb^ : oo CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/03/2015 3:44 PM No delinquent taxes and transfer entered; Certificate of Real Estate Value ( K) filed ( co»— ;»^o ) not required. Cert, of Real Estate Value No.^^ 9900;o^ OO ^0/S'FEE: 96.00 PAGES 3 WELL CERTIFICATE REC'D: Y(Year) Wayne Stein, County Auditor/Treasurer _______________________OOOO^ 0003^ OOO Deputy by (Top 3 inches reserved for recording data) P703/Fomi 10.5.3 (2006)DEED OF SALE By Individual Personal Representative Deed: To Individual COUNTY OF OTTER TAIL STA'i fc OF MINNfcSO". Vdeed TAX saZiLs MUM BESndate ^FOR VALUABLE CONSIDERATION, Garyn M. Wells Gregory L. Wells, as Co-Personal Representatives of the Estate of Helen Irene Bergem Wells, a/k/a Helen Irene Wells, a/k/a Helen I. Wells, a/k/a Irene Wells, a/k/a Irene H. Wells, Decedent, single 0 married □ at the time of death (if “married” is checked, attach a Consent of Spouse (Form 70.1.1), (“Grantor”), conveys to Patricia D. Absey and Michelle L. Bartholomay (“Grantee”), real property in Otter Tail County, Minnesota, described as follows: DEED TAX DUE: $562.65 Date: September 11,2015 All that part of Government Lot 5, Section 8, Township 133, Range 41, Otter Tail County, Minnesota, described as follows: Commencing at the northwest comer of Government Lot 2, said Section 8; thence South 00 degrees 05 minutes 46 seconds West (bearing based on Otter Tail County Coordinates-1996 Adjustment) along the west line of said Government Lot 2, a distance of 563.76 feet; thence North 85 degrees 30 minutes 06 seconds East a distance of 240.20 feet; thence South 51 degrees 58 minutes 19 seconds East a distance of 98.18 feet; thence South 70 degrees 48 minutes 04 seconds East a distance of 193.88 feet; thence South 00 degrees 05 minutes 54 seconds West a distance of 666.51 feet to the north line of said Government Lot 5; thence South 89 degrees 51 minutes 19 seconds East along said north line, a distance of 311.10 feet; thence South 07 degrees 44 minutes 36 seconds East a distance of 421.69 feet to the point of beginning of the land to be described; thence North 07 degrees 44 minutes 36 seconds West a distance of 421.69 feet to said north line of Government Lot 5; thence North 89 degrees 51 minutes 19 seconds West along said north line, a distance of 311.10 feet; thence South 00 degrees 05 minutes 54 seconds West a distance of 1336.10 feet to the south line of said Government Lot 5; thence South 89 degrees 39 minutes 37 seconds East along last said south line, a distance of 414 feet niore or less to the shoreline of Lake Anna; thence northeasterly along said shoreline to the intersection with a line which bears South 60 degrees 36 minutes 10 seconds East from the point of beginning; thence North 60 degrees 36 minutes 10 seconds West a distance of 392 feet more or less to the point of beginning, containing 15.12 acres more or less. Subject to County State Aid Highway No. 35. I hereby certify 'hattha ^ for the yeaniCaSfc------ lands described 5TaDCO’g cc^ IXDO taxes for the within are paid.Check if part or all of land is Registered (Torrens) □County Treasurer Otter Tail County, Minnesota 1166800 1 of 3 • .i: MN CLEO2012 P703/10.5.3 STATE OF ARIZONA }ss. COUNTY OF PIMA This instrument was acknowledged before me on October io , 2015, by Gregory L. Wells, Co-Personal Representative of the Estate of Helen Irene Bergem Wells, a/k/a Helen Irene Wells, a/k/a Helen I. Wells, a/k/a Irene Wells, a/k/a Irene H. Wells, Decedent. (NOTARIAL ^ SYLVIA V. JACQUEZ NOTARY PUBLIC - ARIZONA Pima County My Commission Expires January 11,2016 D ftWriiEORRANK) O/^...!Iy \.k A yy.// NOTARYPUBUCSIGNATURE ^ROTHEROI TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS STATEMENT SHOULD BE SENT TO; (Insert name and address of Grantee to whom tax statements should be sent): rV\i ^v-YKoioYWj IV^ St S THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Robert L. Russell Attorney at Law 220 W. Washington Ave., Suite 103 Fergus Falls, MN 56537 Telephone No. (218) 998-6400 •a 5;^ I i I Otter Tail County, Minnesota 1166800 3 of 3 MN CLE©2012 P703/10.5.3 together with all hereditaments and appurtenances belonging thereto. □ The Seller certifies that the Seller does not know of any wells on the described real property. 0 A well disclosure certificate accompanies this document. □ I am familiar with the property described in this insfrument 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. GRANTOR Affix Deed Stamp Here Caryn M. Wells, Co-Personal Representative V y ....Gregory C. Wells', do-Personal Representative STATE OF MICHIGAN COUNTY OF |Acicw^\^ This instrument was acknowledged before me on October , 2015, by Caryn M. Wells, Co-Personal Representative of the Estate of Helen Irene Bergem Wells, a/k/a Helen Irene Wells, a/k/a Helen I. Wells, a/k/a Irene Wells, a/k/a Irene H. Wells, Decedent. ^ ss (NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ........ ' \ coonn » MMOMB O'iniVvjC’iags!: ........... SIGNATURE OF NOTARY ^LIC OR OTHER OFFICIAL Otter Tail County, Minnesota 1166800 2 of 3