HomeMy WebLinkAbout58000040022000_Variances_09-27-2018WELL CERTIFICATE REC'D: N
SCANNEDDate Stamp
1214850
RECBUED CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/RE6ISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OH
11/21/2018 03:14 PM
FEE: 46.00
PAGES 6
WELL CERTIFICATE REC'D: H
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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 -----
Receipt Number ~
Accepted By / Date
DAYTIME PHONE ~?c> 1-^2,^' 0 S
i (Y\N. S'C>S'J‘ C_______
Gtcnt- V ^Kro oPROPERTY OWNER
1JXloyS GreMAILING ADDRESS 0<5vC
G-A/’ 2^_______LAKE CLAS:
Pry^'/C^ol rj
LAKE NUMBER LAKE NAME
V V/TOWNSHIP NAMETOWNSHIPRANGESECTION
PARCE
NUMBER
E-911
ADDRESS Q- / O G'^r w^v
s<^s<fc
LEGAL DESCRIPTION 5 . 9.7^ 4c.
•ju3uidoi3A3p ajnjnj jo pasodojd joj ssoubuea janjo Xub jubjS Xipajipui io Xjpajip jou saop pajuBjS sb soububa ai[x
uoijBaitddB 33UBUBA snoiA3jd B Xq paMojiB jjDBqjas aqj puiqaq pajBDOi si puB saiyadoid jusDBfpB sqj uiojj a\3ia
9ip PIJJS3J JOU iijA\ jusiudopAop pssodojd sqx uoijBoiiddB sdububa sqj qjiA\ pojjiiuqns SuiA\Bip oqj uo pajoidsp
— ■ sB-miB siqr^^ciqiiioidss Ppl"P »onP^!|ddo ouj iii pajsanboj bb aououtiA oqj OAOJddo oj ‘psixioa /qnnouiiupun----
TYPE OF tiepin) oniAMOiq uoxieq ‘uoiiBJopisuoo puB uoissnosip Jojjv
Sewage System__ .Subdivision__ Cluster WECS Misc- A.Jyii.y, »» prfAVJiraB-noi4iiji(uaB-aouB!JBA AJBf) *Structure Setback Structure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Requesting a variance to add an addition to our existing dwelling the proposed addition will be further back
from the lake than existing dwelling^a previous variance approved dwelling to be at 85' to OHWL with a later
Variance approval to add a porch at 81' to OHWL. Also requesting a Variance to exceed the allowable 260sq
feet of impervious surface in the Shore Impact Zone. Existing impervious surface is 234 sq ft new proposed will
be 1022sq ft this will include new addition along with previously approved porch addition and proposed
platform/patio.
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.
9 P" / <f
SIG^PJ^URE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
iindeen Co Printers • Fergus Falls. MinnesotatdS 1C.J ■ V"
L:3lDate Of Hearing Time
Motion
Gary Brock - Variance application approved as requested. (6:32) p.m.
After discussion and consideration, Darren Newvilie made a motion, seconded by Kenneth Vorderbrugen and
unanimously carried, to approve the variance as requested in the application dated September 28, 2018 and as
depicted on the drawing submitted with the variance application. The proposed development will not restrict the
view from the adjacent properties and is located behind the setback allowed by a previous variance application.
The variance as granted does not directly or indirectly grant any other variances for proposed or future development.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
/iki
K. R Official/Date ^ *
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
DOC# 11182151118215 1118215
Fee; $96.00
Certified, Filed, and/or Recorded: Well Certificate^Rec'd
November 06, 2012 9:20 AM ^
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY. MINNESOTANo delinquent taxes and transfer entered; Certificate of
) not required.( iy") filed (Real Estate Value
Certificate of Real Estate Value No.I\JOMJY)Ei\ (n Wendy L. Metcalf, Recorder
Returned To:
NF FIELD ABSTRACT
127 S MILL ST>
FERGUS FALLS, MN 56537-0697 By: LL
(Ytar)
Wayne Stein, County Auditor
yn.by
STCOC?0^OO^^QcG Deputy
WARRANTY DEED
Individual to Joint Tenants
STATE DEED TAX DUE HEREON: $502.43 COUNTY OF OTTER TiVL
STATE OF M'^SOTA DEEDTAO-^l^S-
FOR VALUABLE CONSIDERATION, Jeanne Botz and Marvin Botz, wife and
husband, and Norma Larson and Donald Larson, wife and husband, and
Katherine Rice a single person, Grantors, hereby convey and warrants to Gary
C. Brock and Evangelyn D. Brock, Grantees, as joint tenants, real property in
Otter Tail County, Minnesota, described as follows:
Date: D,
DAT
Government Lot 5, Section 4, Township 132, Range 41; Government Lots 5 and
6 of Section 5, Township 132, Range 41, except the following tracts of land, to-
wit:
Tract 1: That part of Government Lot 6, Section 5, Township 132 North, Range
41 West, described as follows: Beginning at the Northwest corner of Government
Lot 6; thence East 276 feet to the center line of the present public highway;
thence South 07 degrees 45 minutes East along center line of highway 293 feet;
thence South 21 degrees 15 minutes East along center line of highway 147 feet;
thence South 01 degree 30 minutes East along center line of highway 370 feet;
thence South 63 degrees 30 minutes East along center line of highway 200 feet;
thence South 195 feet; thence West 557.5 feet to the West line of Government
Lot 6; thence North on said line 1081.4 feet to the point of beginning, containing
9.67 acres, more or less; and
Tract 2: That part of Government Lot 6, Section 5, Township 132, Range 41,
described as follows: Beginning at a point 276 feet East of the Northwest corner
of Government Lot 6; thence South 07 degrees 45 minutes East 293 feet; thence
South 21 degrees 15 minutes East 147 feet; thence South 01 degrees 30
minutes East 370 feet, thence South 63 degrees 30 minutes East 200 feet;
thence South 195 feet; thence East 368.5 feet; thence North 1081.4 feet; thence
West 650 feet to the point of beginning, containing 14 acres more or less.
>O0O O5
I hereby oertity that the
taxes for the
for the lands described
OOO
1SCANNED Y^in are paW,
County Treasurer
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.
{X} A well disclosure certificate accompanies this 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.
2.Marvin Botz
STATE OF SOUTH DAKOTA )
) SS
COUNTY OFUnr).r.^W^i^)
dayThe foregoing instrument was acknowledged before me this__(.
of . 2012, by Jeanne Botz and Marvin Botz, wife and husband
Grantors.
rrr) f?
-iW
2
.u
Nomi^arson
Donald Larson
STATE OF MINNESOTA )
) SS
COUNTY OF c;ra<L.Tyviu )
The foregoing instrument was acknowledged before me this / day
of November, 2012, by Norma Larson and Donald Larson, wife and husband.
Grantors.
.............. ■«—i
Notary Public
3
• c
A.Katherine Rice
STATE OF MINNESOTA )
COUNTY )
) SS
The foregoing instrument was acknowledged before me this f day
____, 2012, by Katherine Rice, a single person, Grantor.of
I
'Notary Fublic
MARY JO MARCUS
NOTARY PUaUC • MINNESOTA ^
MyComniissiwExpiicsJan.3i.2015 I(m
Tax Statements for the real property
described in this instrument should be
sent to;
Gary and Evangelyn Brock
3?oS-qi<^ iW-i.
. n\ AJ 0*3 SCoO
THIS INSTRUMENT WAS DRAFTED BY:
N.F. Field Abstract Co.
127 S. Mill Street
Fergus Falls, MN 56537
4
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, November 8, 2018
The Otter Tail County Board of Adjustment met Thursday, November 8, 2018, with the following persons in attendance;
Thomas Lee Darren Newville
David Wass
Douglas Larson
Steve Schierer
Chris LeClair, Land and Resource Management
Michelle Eldien, County Attorney
Ben Olson, Assistant County Attorney
Kenneth Vorderbrugen
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 October 11, 2018 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Gary Brock - Variance application approved as requested. (6:32) p.m.
Gary Brock, Government Lot 5, Section 4 and part of Government Lots 5 and 6, Section 5 of Tordenskjold Township by German
Lake, requested a variance to add an addition to our existing dwelling the proposed addition will be further back from the lake
than existing dwelling, a previous variance approved dwelling to be at 85’ to ordinary high-water level with a later variance
approval to add a porch at 81’ to ordinary high-water level. Also requesting a variance to exceed the allowable 260 square feet of
impervious surface in the Shore Impact Zone. Existing impervious surface is 234 square feet new proposed will be 1,022 square
feet this will include new addition along with previously approved porch addition and proposed platform/patio. Lynn Brock
appeared with the applicant at the public hearing. 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 Keimeth Vorderbrugen and
unanimously carried, to approve the variance as requested in the application dated September 28, 2018 and as depicted on the
drawing submitted with the variance application. The proposed development will not restrict the view from the adjacent
properties and is located behind the setback allowed by a previous variance application. The variance as granted does not
directly or indirectly grant any other variances for proposed or future development.
Larry and Kathy Morris - Variance application approved as requested. (6:35 p.m.)
Larry and Kathy Morris, Lot 10 Block 1 Engstrom Beach, West McDonald Lake in Edna Township, requested the following: We
were granted a variance for our existing cottage allowing it to be 12’ from the road right-of-way in 1985. This variance allowed
us with a permit to build a single attached garage at the same setback in 1990. Because our variance has expired, we are
requesting the same variance (12’ setback from road right-of way) to add a second story to the attached garage without changing
the footprint. The required setback to the road right-of way is 20’. The proposed 2"*' story addition to the attached garage will be
no closer than the existing attached garage and approximately 50’ from the water. Required setback to the ordinary high-water
level is 100’. Also request a .7% variance on the impervious surface coverage as our lot currently is at 25.7%. Our variance
request will not add any additional impervious surface coverage as our proposal is a 2"“* story addition to the attached garage.
Required impervious surface coverage is 25%. The audience was polled with Mike Diekman speaking for the variance as
requested. A letter from Larry Morris regarding the possibility that the existing garage would need to be demolished for the
purpose of installing proper footing was noted for the record. After discussion and consideration, Thomas Lee made a motion,
seconded by David Wass and unanimously carried, to approve the variances as requested in the variance application dated
October 16, 2018 and as depicted on the drawing submitted with the application noting that the proposed development is
consistent with other development in this immediate area and the proposed development will not change the footprint of the
existing development. It should be noted that the variance as approved will allow the applicants to rebuild the existing garage in
the exact same footprint should the existing garage need to be demolished for the purpose of installing support footing for the
proposed development. The variances as approved do provide the applicants with a reasonable use of their property and the
ability to enjoy the same rights and privileges as other in the immediate neighborhood.
Thursday, November 8, 2018Page I 1 of 2
Arlan Mueller - Denied. (6:40 p.m.)
Arlan Mueller, part of Government Lot 7, Section 24 and part of the Northeast Quarter of the Northwest Quarter, Section 25 of
Everts Township by Molly Stark Lake, requested the following: 1 wish to maintain the location of my 12’ by 22’ storage structure
which is 25’ from the ordinary high-water level. The required setback is 200’. Requesting a variance of 175’. Also requesting a
variance of 6.5’ from the closet lot line as the shed sits 3.5’ from it at the closet point. 1 wish to maintain the location of my
pergola approximately 22’ from the ordinary high-water level. Requesting a variance of 178’. Request a variance from the
allowed 260 square feet of impervious surface in the shore impact zone. Existing impervious surface in the shore impact zone
was 2,084 square feet. The storage structure and pergola increase it to 2,412 square feet. The pergola does sit on an existing
paver patio. All structures and other impervious surfaces are within the shore impact zone due to the lot size. The audience was
polled with Robert J. Lee and Kurt Maethner speaking against the variances as requested. A letter from Robert J. Lee objecting to
the variances as requested was read for the record. After significant discussion and consideration, Steve Schierer made a motion,
seconded by David Wass and unanimously carried, to deny the variances as requested as there is already significant impervious
surfaces within the shore impact zone without the addition of the structures referenced in the application and no adequate
hardship/practical difficulty had been shown that would allow for the granting of the variances as requested. The structures
subject to this variance request must be either removed or placed in a location that meets the ordinance requirements on or before
March 1,2019.
Robert and Marylou Haskell - Variance application approved as requested. (7:10 p.m.)
Robert and Marylou Haskell, part of Government Lot 1, Section 25 of Clitherall Township by Crane Lake, requested the '
following: Replace existing drain field that is in the road right-of-way (from previous variance) with a holding tank in the same
location (in road right-of-way). (Drain field is non-compliant due to higher water table and Ness Backhoe recommends a holding
tank replacement). The audience was not polled as there was no one in attendance at the time of this public hearing. After
discussion and consideration, Darren Newville made a motion, seconded by Douglas Larson and unanimously carried, to approve
a variance to replace an existing drain field, which is currently located in the road right-of-way with a holding tank(s) in the same
location within the road right-of-way. It was noted that the applicants have no other suitable options. The variance as approved
does not directly or indirectly grant any other variances for future development.
Jesse and Kimberly Veil - Tabled per the request of the applicants. (7:16 p.m.)
Jesse and Kimberly Veil, Lot 4 Block 3 Echo Ranch Riviera 5*'’ Addition, Otter Tail Lake in Otter Tail Township, requested a
variance of 9’ from the ordinary high-water level setback of 75’ to construct a 19’ by 20’ addition to our cabin. The addition
would be 66’ from the ordinary high-water level. Prior to the public hearing, the office received an email from Jesse Veil
indicating that neither he or his contractor would be able to attend and requested within the body of his email consideration of this
application at a later date. After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and
unanimously carried, to honor Mr. Veil’s request and to table the public hearing on his application until a future meeting date.
With no further business, Steve Schierer, Chairman declared the meeting adjourned at 7:18 p.m.
Prepared by:
Wayne Stein, Secretary
The minutes were mailed on Tuesday, November 13, 2018, 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 2of 2 Thursday, November 8, 2018
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IMPERVIOUS SURFACE CALCULATION
Lot Area (ft^): HI ^
Buildings
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Other Impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^Ft^Ft
8-sY^'3 0Dwelling Deck(s)
Attached Garage Patio(s)/GS
Detached Garage Sidewalk(s)
Storage Shed Landing(s)
WOAS Driveway(s)59 0 0
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)I o o
Landscaping
(Plastic Barrier)
Miscellaneous
^ 3>3>SSTOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^ Ft^ Ft^Ft^Total Buildings
37Sg j.Yo.0/0 100-i-=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
IflSX I oiqo 4^1710 .o9,yi 100; +X
Impervious Surface Calculation Worksheet 04-11-2016
/fSignature:Date
/
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify ail existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ Is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Existing Ft^Proposed Ft^
Building(s)
Deck(s)
Patio(s)mSidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL
m
m
■Total
Shore Impact Zone
Impervious Surface
Existing Proposed TotalIp§
Ft^Ft^Ft^
Maximum Allowable 260 FP
5
■s M
Impervious Surface Calculation SIZ 04-11-2016
Signature;Date:
OTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US^mR.Tngi
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX: 218-998-8112
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE
OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE
CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT,
BETWEEN OCTOBER f ^ & MARCH 31^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my# 50CC5O OD'd^ocxD
property/project (Tax Parcel # ornJJt aoo ), described
Apprication(s) datedon my
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:
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 deny my Application(s).
DATED
LR: Forms: Waiver 60 Day Rule 02-21-2017
Notice of Hearing for Variance
otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTCRTIIIl
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom it May Concern:
Gary Brock
21078 German Lake Road
Underwood, MN 56586
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, November 8, 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
Government Lot 5, Section 4 and part of Government Lots 5 and 6, Section 5,
Property Address - 21078 German Lake Road - 56586
Section 4, Township 132, Range 41 - Township Name - Tordenskjold
Lake No. 56-423, Lake Name - German, Class - NE
The variance requested is the following:
Requesting a variance to add an addition to our existing dwelling the proposed addition will be further back from the lake than existing
dwelling, a previous variance approved dwelling to be at 85’ to ordinary high-water level with a later variance approval to add a porch at 81 ’ to
ordinary high-water level. Also requesting a variance to exceed the allowable 260 square feet of impervious surface in the Shore Impact Zone.
Existing impervious surface is 234 square feet new proposed will be 1,022 square feet this will include new addition along with previously
approved porch addition and proposed platform/patio.
October 18, 2018 “Wayne Stein
Board of Adjustment Secretary
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 Taii County, Minnesota, do hereby
certify that on the 22nd, day of October, 2018 the attached Notice of Hearing for Variance was duiy
served upon the individuals listed beiow and/or included in the attachment:
Gary Brock, 21078 German Lake Road, Underwood,MN 56586
Sheiia Norgren, Twp Clerk of Tordenskjold PO box 4, Underwood,MN 56586
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 Aadiand, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Faiis, MN 56537
Board of Adjustment:
Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Eiizabeth, MN 56533-9559
Darren M Newville, 614 6**’ St Ne, Perham, MN 56573
Dougias Larson, 2118 Woodland Ln, Fergus Falls,MN 56537
David Wass, 29133 260‘>^ ST, Underwood, MN 56586
by piacing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: October 22, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
JEAN RENEE FOX
4946 SHADY LN
NORTH BRANCH, MN 55056-5504
GARY C & EVANGELYN D BROCK
3805 43RD AVES
MOORHEAD, MN 56560-7464
BERNARD D FORMO ET AL
214 WOODLAND AVE W
UNDERWOOD, MN 56586-7200
BRENT HIERONIMUS
21335 GERMAN LAKE RD
UNDERWOOD, MN 56586-9542
ARDY ALLEN JOHANSEN
31689 TURKEY LOOP
UNDERWOOD, MN 56586-9579
PEGGY LEITCH
48877 COUNTY 73
HEWITT, MN 56453-2099
LANCE & MICHELE PETERSON
28537 COUNTY HIGHWAY 18
UNDERWOOD, MN 56586-9405
SETH A & AMBER L OLSON
30688 STATE HIGHWAY 210
UNDERWOOD, MN 56586-9544
SETERUSINC
14523 MILLIKAN WAY SW STE 200
BEAVERTON, OR 97005-2352
RICHARD & DEBRA WENTZEL
30940 STATE HIGHWAY 210
UNDERWOOD, MN 56586-9544
58000
04/28/2018 - 05/15/2018
1175589
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
06/14/2016 9:40 AM
;csi
:'!cCEiVc!,cor^FEE: 46.00
PAGES 6
WELL CERTIFICATE REC'D: N
MAT 1 7 im
CO • •X
La;-,J iS('CO
L&R Initial V-IV
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
'"y 9CC . —Application Fee
Receipt Number it " "lU
7o/-C>^Q)S
\erxA (V\(T.
COMPLETE THIS APPLICATION IN BLACK INK
Accepted By / Date
ost~ y
3<St^3 ^3^—
G CPROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS oo r~
G" X A LAKE CLASS N-'^.LAKE NUMBER LAKE NAME
TOWNSHIP NAME qV \l3>2_SECTION TOWNSHIP RANGE
PARCEL
NUMBER
E-911
ADDRESS
S OO O O ^ o o 2-2. C> (J>
G'^OcPOO 5
aicD?c?
O flr\ i ej- Yd .• Cf\ ri
LEGAL DESCRIPTION T^Ac»-oe_\<=).-? S' /^.L_o'l~ 5 .
TYPE OF VARIANCE REQUESTED (Please Check)
structure 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.
^/0>CZ7' I < V?
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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.
5- / 7 - /L
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345,194 • Vtctor Lundeen Co Printers • Fergus Falls Minnesota
Date Of Hearing Timej Sinc\S
Motion
Gary and Evangelyn Brock - Approved the ordinary high water ievel request and denied requested height variance. (7:30
p.m.)
After discussion and consideration, David Wass made a motion, seconded by Steve Sehierer to approve the variance as requested
in the application dated May 17, 2016. This motion failed witli Paul Larson, Steve Sehierer and Ward Uggerud voting no. After
additional discussion and consideration, Paul Larson made a motion, second by Ward Uggerud and unanimously carried, to
approve a variance of 70’ from the required ordinary high water level setback of 100’ for the placement of a 42’ by 50’ structure
130’ from the ordinary high water level and to deny the variance as requested for the additional height of 3’.
Chairman/O^r Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
1 Yes (Contact Land & Resource Management)
No
t R Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
DOC# 11182151118215 1118215
Fee: $96.00
Certified. Filed, and/or Recorded: Well Certificate^Rec'd
November 06, 2012 9:20 AM
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTANo delinquent taxes and transfer entered; Certificate of
( ) filed () not required.Real Estate Value
Certificate of Real Estate Value No. Q
NOwmBfi (n Wendy L. Metcalf, Recorder
Returned To:
NF FIELD ABSTRACT
127 S MILL ST>
FERGUS FALLS, MN 56537-0697 By: LL
(V~r)
Wayne Stein, County Auditor
S^OOOO^COc3<.^OcO Deputy
S^OCO OS cco
WARRANTY DEED
Individual to Joint Tenants
STATE DEED TAX DUE HEREON; $502.43 COUNTY OF OTTER TiVL
STATE OFDEEDTAX^-^^-
Date: D, D.O/D-
DAT
FOR VALUABLE CONSIDERATION, Jeanne Botz and Marvin Botz, wife and
husband, and Norma Larson and Donald Larson, wife and husband, and
Katherine Rice a single person. Grantors, hereby convey and warrants to Gary
C. Brock and Evangelyn D. Brock, Grantees, as joint tenants, real property in
Otter Tail County, Minnesota, described as follows:
Government Lot 5, Section 4, Township 132, Range 41; Government Lots 5 and
6 of Section 5, Township 132, Range 41, except the following tracts of land, to-
wit;
Tract 1: That part of Government Lot 6, Section 5, Township 132 North, Range
41 West, described as follows: Beginning at the Northwest corner of Government
Lot 6; thence East 276 feet to the center line of the present public highway;
thence South 07 degrees 45 minutes East along center line of highway 293 feet;
thence South 21 degrees 15 minutes East along center line of highway 147 feet;
thence South 01 degree 30 minutes East along center line of highway 370 feet;
thence South 63 degrees 30 minutes East along center line of highway 200 feet;
thence South 195 feet; thence West 557.5 feet to the West line of Government
Lot 6; thence North on said line 1081.4 feet to the point of beginning, containing
9.67 acres, more or less; and
Tract 2: That part of Government Lot 6. Section 5, Township 132, Range 41,
described as follows: Beginning at a point 276 feet East of the Northwest corner
of Government Lot 6; thence South 07 degrees 45 minutes East 293 feet; thence
South 21 degrees 15 minutes East 147 feet; thence South 01 degrees 30
minutes East 370 feet, thence South 63 degrees 30 minutes East 200 feet;
thence South 195 feet; thence East 368.5 feet; thence North 1081.4 feet; thence
West 650 feet to the point of beginning, containing 14 acres more or less.
I hereby oerilfy that the taxes for the veaifSLiyA
for the lands describedI
SCANNED wjJhin are paifL,
County Treasurer
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.
{X} A well disclosure certificate accompanies this document.
{' } lam familiar with the property described in this instrument and I certify that
the status and number of wells on the described real properly have not
changed since the last previously filed well disclosure certificate.
^77)qyy\ yy^,i
zMarvin Botz
STATE OF SOUTH DAKOTA )
) SS
COUNTY OF"?^oir|inf^Fok\)
The foregoing instrument was acknowledged before me this__[
of 2012, by Jeanne Botz and Marvin Botz, wife and husband
Grantors.
day
iQ
»H9 -iW
2
1..,
Nof^i^Larson ‘
f-
Donald Larson
t,
STATE OF MINNESOTA )
) SS
COUNTY OF aiTt^Tymc. )
The foregoing instrument was aeknowledged before me this / day
of Noverriber, 2012, by Norma Larson and; Donald Larson, wife and husband,
Grantors.
daoajteberq _
motaw pyauc - My Conrrtsto £*p*r« M Notary Public
3
• f
Katherine Rice
STATE OF MINNESOTA )
COUNTY OF^}^4a5Tx^( )) ss
The foregoing instrument was acknowledged before me this ^ day
£__2012, by Katherine Rice, a single person. Grantor:of
n9f
Notary Public
MARY JO MARCUS
NOTAHYPUaUC-MINNESOTA ,
MyComnti5SionExpircsJan.31.2015 !
' " --------------- ^
Tax Statements for the real property
described in this instrument should be
sent to:
Gary and Evahgelyn Brock
3POS'Mi<^
(Woo/’|p<4i> . rvv NJ
THIS INSTRUMENT WAS DRAFTED BY:
N.F. Field Abstract Co.
127 S. Mill Street
Fergus Falls, MN 56537
4
SCALE DRAWING FORM
Vo o oo O
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).
2. /
Scale
“ ■p'rop<D'2;e ci
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1
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DateSignature of Property Owner
BK —032014 3F4.12C • Victor 1-uncleen Co. Piinif^s • Feiqus Palls. MN • 1-800-346-4870rr,
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
~/G>Lot Area (ft^):Signature:Date:
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^Ft^Ft^
93^
(o3
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
storage Shed Landing(s)
5JZ^WOAS Driveway(s)
RCU Parking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)C u ^ c. o o p I o o
Miscellaneous
3 /v<^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
n / 0O 7 7 2 Z -2.100+-r=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^
92-8 n 7103&H0 I ^o ,oz;8 100+-r-X
Impervious Surface Calculation Worksheet 03-25-2014
Chris Hyslop - Variance application approved as requested with a condition. (7:25 p.m.)
Chris Hyslop, part of Government Lot 3, Section 19 of Dane Prairie Township by Swan and Chautaugau Lake,
requested the following; We are proposing to replace the detached garage which was removed the fall of 2016. The
proposed garage (32’ by 24’) will be 90’ from Chautauqua Lake. We are requesting a variance of 110’. The required
setback is 200’. The proposed detached garage will meet the setback from Swan Lake. Mark Jacobs represented the
applicant at the public hearing. 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 David Wass and
unanimously carried, to approve a variance of 110’ from the required ordinary high water level setback of 200’ for the
placement of a 32’ by 24’ single story gai'age 90’ from the ordinary high water level of Chautauqua Lake with the
condition that the proposed development must be placed at least 20’ from any existing road right-of-way. The
variance as approved does not directly or indirectly grant any other variances for the proposed development.
Gary and Evangelyn Brock - Approved the ordinary high water level request and denied requested height
variance. (7:30 p.m.)W
Gary and Evangelyn Brock, Government Lot 5, Section 4 and Government Lots 5 and 6, Section 5 of Tordenskjold
Township by Gennan Lake, requested the following; Replace existing 40’ by 37’ pole bam with new structure 42’ by
50’ by 23’ high. Requesting a variance of 70’ for new structui'e to be setback 130’ from ordinary high water level.
Also I'equesting a variance of 3’ in height for structure to be 23’ high. Reason for I'equest is building location to the
north is unsuitable due to wetlands. Evangelyn Brock represented the applicants at the public hearing. The audience
was polled with no one speaking for or against the variance as requested. An email from Rich and Deb Wentzel in
support of the variance as requested was read for the record. After discussion and consideration, David Wass made a
motion, seconded by Steve Schierer to approve the variance as requested in the application dated May 17, 2016. This
motion failed with Paul Larson, Steve Schierer and Ward Uggemd voting no. After additional discussion and
consideration, Paul Larson made a motion, second by Ward Uggemd and unanimously carried, to approve a variance
of 70’ from the required ordinary high water level setback of 100’ for the placement of a 42’ by 50’ structure 130’
from the ordinary high water level and to deny the variance as requested for the additional height of 3’.
Thomas A. Bon - Variance application approved as requested. (7:36 p.m.)
Thomas A. Bon, part of Government Lot 6, Section 29 of Friberg Township by West Red River Lake, requested the
following; Replace existing garage with new garage. Asking 45’ variance (to be 155’ from ordinary high water
level). Old garage to be removed. Proposing new septic system. Cory Reinertson, Contractor appeared with the
applicant. The audience was polled with Greg Jacobson speaking for the variance as requested. After discussion and
consideration, David Wass made a motion, seconded by Ward Uggemd and unanimously carried, to approve the
placement of a 24’ by 30’ detached garage as depicted on the drawing submitted with the variance application 162’
from the required ordinary high water level. The variance as approved does not directly or indirectly grant any other
variances for the proposed development.
Eugene and Susan Cast - Variance application approved as requested. (7:42 p.m.)
Eugene and Susan Gast, Lot 4 of Matson Survey Lots of Government Lots 2 and 3, Section 28 of Lida Township by
Lake Lida, requested the following; Place effluent collection lines, lift station tank, pumps and associated equipment
in the 66 foot road ROW and place the lift station tank no closer than 5 feet from any stmcture. Lida Township has
approved this plan. The applicants were represented by Wayne Johnson, System Designer and Installer. The
audience was polled with no one speaking for or against the variance as requested. Emails from Robert and Paulette
Neva, Todd and Wendy Fisher, Shane and Courtney Peterson and Alan & Diane Haugmd in support of the variance
as requested were read for the record. After discussion and consideration, Paul Larson made a motion, seconded by
Ward Uggemd and unanimously earned, to approve the variance as requested in the application dated May 19, 2016
and as depicted in the drawing submitted with the variance application. It was noted that the proposed plan was
prepared by a professional system designer/installer and is the best location for the proposed project. The variance as
approved does not directly or indirectly grant any other variances for the proposed development.
June 9, 2016Page I 3
Wayne Stein
Richard & Debra Wentzel <dwentzel@prtel.com>
Monday, June 06, 2016 8:22 PM
Wayne Stein
Brock Variance
From:
Sent:
To:
Subject:
Dear Mr. Stein,
We live on the North side of German Lake and are barely able to observe anything Brock so we will not object to
their plans to build a shed.
V
Rich and Deb Wentzel
30940 State Hwy210
Underwood, MN 56586
218-770-6799
1
Interactive Land Viewer - Otter Tail County, MN - Bigger - Better - FASTER Page 1 of 1
K ()tief Tai County. MN - Interact^e Land Map (Parcels)
Rex Viewer v2 5H
If2012 Fergus FaRs 2007 Fergus Falls1992
ajlegalldesctiption
http://www.ottertailcounty.net/flexviewers/land/5/17/2016
Notice of Hearing for Variance
otter Tail County
Government Services Center
SIOFirAveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTT€RT0II
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Gary Brock and Evangelyn Brock 3805 43^“ Ave S
Moorhead, MN 56560-7464
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, June 9, 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
Government Lot 5, Section 4 and Government Lots 5 and 6, Section 5,
Property Address - 21078 German Lake Road
Section 4/5, Township 132, Range 41 - Township Name - Tordenskjold
Lake No. 56-423, Lake Name - German, Class - NE
The variance requested is -
the following: Replace existing 40’ by 37’ pole barn with new structure 42’ by 50’ by 23’ high. Requesting a variance of
70’ for new structure to be setback 130’ from ordinary high water level. Also requesting a variance of 3’ in height for
structure to be 23’ high. Reason for request is building location to the north is unsuitable due to wetlands.
Wayne Stein
Board of Adjustment Secretary
May 20, 2016
OTTER TAIL COUNTY
Fergus Falls, Minnesota
V
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 23rd, day of May, 2016 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Gary C & Evangelyn D Brock, 3805 43'^ Ave S, Moorhead, MN 56560-7464
Sheila Norgren, Twp Clerk of Tordenskjold, PO Box 4, Underwood, MN 56586
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
David Wass, 29133 260‘^ St, Underwood, MN 56586
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: May 23, 2016
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
1/^By:
Vi Manderud
ga'ry c & evangelyn d brock
3805 43RD AVE S
MOORHEAD, MN 56560 7464
BENJAMIN R & DANELLE'FORMO
21314 GERMAN LAKE RD
UNDERWOOD, MN 56586 9542
BERNARD D FORMO ETAL
214 WOODLAND AVE W
UNDERWOOD, MN 56586 7200
BRENT L & DIANA L HIERONIMUS
21335 GERMAN LAKE RD
UNDERWOOD, MN 56586 9542
ARDY ALLEN JOHANSEN
31689 TURKEY LOOP
UNDERWOOD, MN 56586 9579
JEAN RENEE FOX
4946 SHADY LN
NORTH BRANCH, MN 55056 5504
LANCE & MICHELE PETERSON
28537 COUNTY HIGHWAY 18
UNDERWOOD, MN 56586 9405
SETH A & AMBER L OLSON
30688 STATE HIGHWAY 210
UNDERWOOD, MN 56586 9544
• PEGGY LEITCH
48877 COUNTY 73
HEWITT, MN 56453 2099
RICHARD & DEBRA WENTZEL
30940 STATE HIGHWAY 210
UNDERWOOD, MN 56586 9544
TO THE PUBLIC
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White - Office
Yellow — Owner
Pink — Township
APPLICATION FOR VARIANCE
FROM
* Requirements of Shoreland Management Ordinances Otter Tail County, Minnesota
nwnpr- 'T'homPSoiyJ Phone No
Last Name First Middle
^3/9 /e/ I u nm/Street & No.City State Zip No.
' V.3.2)Lake Class A/£~Legal Description: Lake No..Lake Name
Sec. H ^'To f^DISr\JS KJoLOI 3^ Range ^ /Twp.
Gi.
CL ^ Q
Twp. Nama
If applicant is a corporation, what state incorporated in___
Applicant is: ( ) Owner ( ) Lessee ( ) Occupant ( ) Agent
List Partner's name and address below:Is Applicant a partnership.
yes or no
NAME, ADDRESS AND ZIP NO.NAME, ADDRESS AND ZIP NO.
This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditonsfound in
what Section of the Ordinance:____
EXPLAIN YOUR PROBLEM HERE:
LJOUi^Q LiK€
91 *^ Oujbllkyq /UiRKE- special u££
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps,
plans, information about surrounding property, etc.
Application dated.19.. X
Signature^^T Applicant
—DO NOT USE SPACE BELOW—
Date application filed with Shoreland Management Administration.19___
Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) Both ( )
Filing acknowledgement By Signature
Date, time and place of hearing
19 2o with the followingDEVIATION APPROVED this_____
lOR ATTACHED) REQUIREMENTS:
day of_
(/
Signature
/ Chairman
Otter Tall Planning Advltory Committlon
ii^afcdirrrK. Lee, Shoreland Mana^ment Adminj
Otter Tail County, Minnesota ^ ^300K^PAGt^.3
Deviation
Approved this day of.19 • By.strator
MKL-0871-016
171988-A®
VICTOR kUNOCIN 09.. PRINTII rM.Lt. UINM.
CD
n7\
V
u trn
Office Ci Cciir/iy Secordeff
Coanty Oi Otier Tail
I hereby cerij^ that the yvkhin mstrtJmMjfi--
was li’.cd in /yis office for re^rd oa thae^
‘‘ay of d.D.
o’clock !y Recorded in
AJ3Book /As ,on page
Coisnty Recorder ‘
, DepiiL''
White - Office
Yellow —
Pink — Township
APPLICATION FOR VARIANCE
FROM
Requirements of Shoreland Management Ordinances Otter Tail County, Minnesota
'y'/o'rAjDs,
Last Name
\Owner:Phone NoMiddleFirst
Street & No.City State Zip No.
A5(„-
4'^tT
^L.S- V Sa^ 4
nEl'JUnnncXo^ Lake ClassLegal Description: Lake No.Lake NameiJ
Range__^ /Sec.Twp.Twp. Name.
Cvs_>
If applicant is a corporation, what state incorporated in
Applicant is: (y1 Owner ( ) Lessee ( ) Occupant ( ) Agent
A/S List Partner's name and address below:Is Applicant a partnership
yes or no
NAME, ADDRESS AND ZIP ND.NAME, ADDRESS AND ZIP NO.
This application for deviation is from Shoreland Management Ordinance, Otter Tail County, Minnesota for conditons found in
what Section of the Ordinance:____
EXPLAIN YOUR PROBLEM HERE:y /
^ ^^0 0 ,
CJcc>At>A/Me -fO So/aP
/
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps,
plans, information about surrounding property, etc.
19 77 . XApplication dated.
Signature of Ap^
—DO NOT USE SPACE BELOW—
Zi_19Z?Date application filed with Shoreland Management Administratioa
Deviation requires: Planning Commmission approval ( ) Shoreland Management approval only ( ) Both ^
Filing acknowledgement By Signature
5~- y? (oi) Y. \Date, time and place of hearing
., /5_ZZ- W! TH THE POLL OWINGDEVIATION APPROVED this_____
(OR ATTACHED) REQUIREMENTS:
day of_
LLaAjLoL .
n kaMJjLo
Chairman
Otter Tall Planning Advisory Commissfon
Signature
~6u
Malcolm K.Xae, Shoreland Management Ad^uustr^Ltor
Otter Tail County, Minnesota A
Deviation
Approved this 4 19JH. By.day of.AMKL-0871-016
171988-A®
VICrOK UfNOCCN e«.. PRINTIM. PIRRuI fALL«. MINN.
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