HomeMy WebLinkAbout58000330237030_Variances_05-05-2011Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-998-8095
Otter Tail County’s Website: www.co.otter-tail.mn.us
November 5, 2010
Michael Schnoes
1012 Valley View Dr Apt IOC
Ida Grove, lA 51445
Re: Variance Application Request, Parcel #58000330237027/58000330237030 Unnamed Lake (56-420)
Dear Michael Schnoes,
On the week of October 25*'’ I had left you a voice message to please give our office a call in regards to
your Variance Application. Since I have not heard from you I tried to reach you again on November 4*'’
at this time I left a voice message in regards to the Pre-Application Site Inspection that you submitted
along with your Variance Application. In that message I indicated that the Ordinary High Water Level
(OHWL) was staked by one of our inspectors on October, 25'*’. Per that visit the stakes set for the
OHWL are out into the water not at the water’s edge, because of this your calculations will be further
from the OHWL than what you indicated in your Variance Application and on your drawing.
Also it was mentioned by the Inspector that when on site it was very difficult to discern all the different
stakes on the property. Since this is the case it might be to your benefit to mark the stakes as to which
structure it is and if it is option A or B.
If you have any questions please feel free to contact our office.
RespjGctfully,
V
Michelk Jevne
Permit Technician
1091972 liliii!!!r DOC# 1091972 1091972
Fee; $46.00
Well Certiticate [ ] f^ec d
OFFiC>: OF COUNTY RECORDER
OTTER TAIL COUNTY MINNESOTA
Certified, Filed, and/or Recoraed.
May 12, 2011 8:45 AM
Wendy L. Metcalf, Recorder
Returned To:
LAND & RESOURCE
By: LL
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 l*-VL^A~\ \
Accepted By / Date vOo
COMPLETE THIS APPLICATION IN BLACK INK
PROPERTY OWNER IhicLtI Srhuo/X
MAILING ADDRESS \C i 2 Dr \DC
LAKE NUMBER '
SECTION
DAYTIME PHONE 7l ^ ~ 3
to SO-n: 50
lA.. T/i
, - t
LAKE CLASS \\iLAKE NAME iL>nihicf‘ L-F-c
TOWNSHIP NAME fcY j P n<;/< j OM
E-911ADDRESS , 3 / i70 CLf4
TOWNSHIP IS^TwPRANGE 6HI.
NUMBER Si^QOO i s-pTni'.rt i
1
PARCEL
LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback ^ Structure Size^^_ Sewage System yC Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
Ofh^ri A - Ccn^f^u ct VO V 7^ ' ^ rfh.
Jujelhrts CC*TSfruct€£A/2>C,nj a'^^roK. /(o' 2-n,,y\ 0(-/^L and e>nt feet’ front eAsi /<s///ire , 7^
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r//>K. Cr. AS.fr utrohhn .') PujmAQ A^/'rUt': fi'' front OdiAjt. anA ~f.S' fror^ /c/tf/W /5' fvrn
raa.d. (^/y,p<ifio>c.<S Ccoi.rA^^ AO.^b'to. j/^r/itnre. fbr ^-pfiC rtpproK. ‘is' p>e-rr\
A'// \aJ ^ C rc^uifed ScfbadC / S (Set). ' J J • '
3-s'e’ eon
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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.
[ C ii_____________________
SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
l6
DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
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/E/- BDate Of Hearing r^O/O Time
V' /•/d?0//O-' fo Am.
$' s:7-3.PMotion
Michael Schnoes - Denied. (7:25 p.m.) - December 2, 2010 meeting - The audience was polled with Creighton Clemens, Loren Frigaard and Curt Mark expressing concerns with the
development as proposed. Emails from Donna Mark and Craig Utterberg in opposition to the variance as requested was read for the record. After consideration and discussion, Steve
Schierer made a motion, second by Rick Wilson and unanimously carried, to table, with the applicant's verbal permission, the hearing on this variance application until the next regularly
scheduled Board of Adjustment meeting to provide the applicant with an opportunity to consider other development which would require substantially fewer variance request. The general
consensus of the Board was that the applicant’s property is not large enough to support the development as currently being proposed. April 14, 2011 meeting - The applicant presented
a revised development plan for consideration by the Board of Adjustment. After consideration and discussion, Thomas Lee made a motion, second by Steve Schierer and unanimously
carried, to table with the applicants’ verbal approval the hearing on this application until the May 5, 2011 Board of Adjustment meeting to provide the applicant with an opportunity to
consider other development which would require substantially fewer variance requests and greater setback distances. It was the general opinion of the Board that the proposed
development is excessive for this property. It was suggested that the applicant attempt to develop a plan that would contain a structure having a depth of no more than 20’, would place
the proposed development at least 60’ from the ordinary high water level, at least 20’ from the edge of the road easement to the north, at least 20’ from the road right-of-way to the east
and would not require any variances for the placement of a septic system. May 5, 2011 meeting - After consideration and discussion, Steve Schierer made a motion, second by Paul
Larson and carried with Rod Boyer abstaining, to deny the variance application as requested for lack of representation at the May 5, 2011 meeting and for not providing the Board with
prior written authorization allowipg the Board to table this application until the June meeting. Note - Since the applicant did not appear at the May 5 hearing and since the applicant did
not provide prior written authorization to table the application to the next m
were circumstances that preve
within three business davs^f
e^g,_the.Boardis-QQ!y option at the May 5th meeting was to deny the variance application. However, if there ntetf-tn^pplicant from attending the May-5 meeting and if the ap^ant submits written authorization to table this application to the County Audito'r’s office
6m this meeting date, the application'?!^ be considered tabled and rescheduled for the June 2, 2011 meeting; otherwise, the motion as passed will stand and
the applicant would ne^ to subrrjira new application,--'^
Chairman/Ott^Tail County Boar(d of Ad^tment
Permit(s) required from Land & Resource Management
fc
Yes (Contact Land & Resource Management)
:*
No
;ie
•o'
V^/sZ/o///
L R (Jfficial/Date '
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
^ ?;-t '..t329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
4
>1.-
1044786
!No Delinquent taxes and transfer
entered: Certificate of Real Estate
Value ( ) filed ( ) not required
Certificated o^Real^st^e Value -
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that 1044786
this instrument #_________'
was fiied/recorded in this office for record on the ' ^
2008 at_yVendy^TM^^^^^unty R
rfe^oina ife
IPfiiZ vveii certificite
.0
No.\D
tOffluivio by. ^
2008
County Auditor
Deputy
day of (ai^m
rderParcel#
LOCWarranty Deed
Individual(s) to Individual
COUNTY OF OTTER TAIL
STATE OF MINNESOTA
DEED TAX SNUMBER _a.6.S_L2? - 7
DATE----
FOR VALUABLE CONSIDERATION, Mary Ann Christians, a single individual. Grantor,
hereby conveys and warrants to Michael T, Schnoes, real property in Otter Tail County,
Minnesota, described as follows:
STATE DEED TAX DUE HEREON: $165.00
Date: September 5, 2008
That part of Government Lot 6, Section 33, Township 132, Range 41, Otter Tail County,
Minnesota, described as follows: Commericing at the Northeast corner of said Government
Lot 6 (for descriptive purposes only the East line of said Lot 6 has an assumed bearing of
North): thence North 71°44'10" West 127.2 feet; thence South 02°12’50" West 120.40 feet
to point Of beginning; thence North 02°12'50" East 70.40 feet; thence South 89°33'15"
East 40 feet; thence North 02°22’ East 12.26 feet; thence East along the Northerly line of
said Government Lot 6 82.59 feet; thence South along the Easterly line of said
Government Lot 6 107.42 feet; thence West 90° 66 feet; thence North 61°53'20" West
68.75 feet to point of beginning.
Together with the perpetual right-of-way and easement granted hereby, the grantees their
successors and assigns shall have the right of ingress and egress at all times upon over
and across that part of Government Lots 5 and 6, Section 33, Government Lot 4, Section
34, Township 132, Range 41 lying Northerly of the Southerly 772.58 feet of said Sections,
reserved for a jointly used access roadway which roadway is now located and running
between the public road and premises herein described.
There is also hereby granted to the grantees the right to use of the following described
beach on Stalker Lake for docking, loading and unloading purposes, to-wit: 75 feet of
beach lying and being West of a point 315 feet west of the section line between Section 33
and 34; together with access to the same from the south on and over a jointly used
roadway now located thereon
AND
That part of Government Lots 5 and 6, Section 33, Township 132, Range 41, described as
follows:
Commencing at the Southeast Corner of said Governmerit Lot 5 (for descriptive purposes
only, the East line of said Lot 5 has an assumed bearing of North); thence North 71 °44'50"
West 127.2 feet to point of beginning; thence North 87°47'10" West 30 feet; thence South
2° 12'50" VVestl 05.83 feet; thence South 61 °53'20" East 33.35 feet; thence' North 2°12'50"
East 70.40 feet; thence South 87°47' 10" East 40 feet; thence North 2° 12'50" East 50 feet;
thence North 87°47'10" West 40 feet to the point of beginning.
Together with the perpetual right-of-way and easement granted thereby, the purchasers,
their successors and assigns shall have the right of ingress and egress at all times upon,
over and across that part of Government. Lots 5 and 6, Section 33, Government Lot 4,
Section 34, Township 132, Range 41 lying Northerly of the Southerly 772.52 feet of said
Sections reserved for a jointly used access roadway which roadway is now located and
running between the public road and the premises herein described.
i
Together with all hereditaments and appurtenances belonging thereto, subject to the
following exceptions:
NONE
3Q
::
The seller certifies:
(X) Well certificate attached hereto.
0 That there no known wells on the above described property.
0 that there are no changes in the number or status of wells since the last known well
certificate filed.
Mai^Ann Christians
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
The foregoing instrument was acknowledged before me on September 5, 2008 by Mary
Ann Christians, a single individual, Grantor.
fI^ -GARY A NEUMANN ^ NOTARY PUBLIC-MINNESOTA j
j ^Commission Expires JAN. 31.2010 j
IiI
My Commission Expires:
Tax Statements on the property described
In this instrument should be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
West Central Abstracting Co., Inc.
202 W. Junius
Fergus Falls, MN 56537
Michael T. Schnoes
106 S. Hahn Ave
Rosholt, SD 57260
1
r-
1.
Msiv5, 2011
Page # 3
Kathryn Erickson Et Al - Approved the modified request with a condition. (7:18 p.m.)
Kathryn Erickson Et Al, part of Government Lots 1 and 2, Section 14 of Pelican Township by Prairie Lake, requested
the foilowing: Request is for subdivision of lake property without a plat. Creating two parcels meeting minimum
platted lot size requirements of the Shoreland Management Ordinance, but being less than 5 acres. Retained parcel
exceeds 5 acres. April 14‘^, 2011 Meeting - The- applicant was represented by Paul Johnson, Steve Johnson and a
representative from Moore Engineering, Inc. The audience was polled with no one speaking for or against the
variance as requested. After consideration and discussion, Thomas Lee made a motion, second by Steve Schierer
and unanimously carried, to table with the applicants’ verbal approval the hearing on this application until the May 5,
2011 Board of Adjustment meeting to aiiow the applicants and the Land and Resource Department an opportunity to
determine if either Parcel A or Parcel B, as identified on the registered survey’s drawing, is within the bluff impact
zone. Concern was also expressed with identifying the hardship/practical difficulty that would allow for the granting of
the variance as requested instead of having the proposed subdivision reviewed through the Planning Commission's
platting procedures and process. May S**", 2011 Meeting - The applicant was represented by Paul Johnson, Steve
Johnson and a representative from Moore Engineering, Inc. It was noted that proposed Parcel B was impacted by a
bluff; therefore, the applicant is requesting permission to create one parcel containing 2.69 acres or 117,513 square
feet instead of the two parcels as originally requested. After discussion and consideration, Steve Schierer made a
motion, second by Thomas Lee and carried with Rod Boyer abstaining, to approve the subdivision of a 2.69 acre
parcel from an existing 20.62 acre parcel with the condition that a registered surveyor’s drawing must be provided at
the time of conveyance and noting that the proposed parcel does have public road access and exceed the size
requirements for a platted lot. Note - the proposed subdivision as approved is the combination of Parcel A and Parcel
B as shown on the drawing which was submitted with the variance application dated December 16, 2010.
Tom and Kim Noah - Tabled (7:21 p.m.)
Tom and Kim Noah, Lots 3 and 4 Anderson Beach, Pelican Lake in Dunn Township, requested the following:
Construct a 34’ by 40’ replacement dwelling approximately 50’ from the ordinary high water level. Also the back of the
house will extend approximately 4’ into the bluff. Construct a 14’ by 34’ deck approximately 36’ from ordinary high
water level. Construct a 5’ by 25’ cantilevered walkway. The walkway will be above the bluff held up by two 16”
diameter concrete piers that will be bored into the slope of the bluff. Walkway to run from rear of new structure to
road right-of-way. Existing wood ramp from road to bottom of lot to be removed permanently. Existing creosote railroad ties for bluff support to also be removed and replaced with concrete landscape blocks. April 14*'^, 2011
Meeting -The audience was polled with no one speaking for or against the variance as requested. Prior to the public
hearing the applicants submitted a letter requesting that their application be tabled until the May 5, 2011 meeting.
After consideration and discussion, the Board of Adjustment by general consent accepted the applicants requested to
have the hearing tabled until the May 5, 2011 Board of Adjustment meeting. May 5*'^, 2011 Meeting - Prior to the
public hearing the applicants submitted a letter requesting that their application be tabled until the June 2, 2011
meeting. After consideration and discussion, Randall Mann made a motion, second by Steve Schierer and carried
with Rod Boyer abstaining, to accept the applicants requested to have the hearing tabled until the June 2, 2011
Board of Adjustment meeting.
^^^/ftfTichael Schnoes - Denied. (7:25 p.m.)
Michael Schnoes, part of Government Lots 5 and 6, Section 33 of Tordenskjold Township by an unnamed lake,
requested the following:
Option A - Construct 40’ by 72’ by 25’ storage building with temporary living quarters, to be removed when dwelling
constructed, being approximately 16’ from ordinary high water level and one foot from east lot line, structure to exceed
20’ non-dwelling allowance - 5’ foot variance requested. Future dwelling area of 1,904 square feet. (Shape to be
determined at time of construction.) Dwelling approximately 16’ from ordinary high water level and 7.5’ from west lot
line and 13’ from easement road. Impervious surface coverage at 20.86%. Variance for septic system being
approximately 43’ from ordinary high water level (required setback is 150’).
Option B - Construct 36’ by 72’ by 25’ storage building with temporary living quarters (to be removed when dwelling
constructed) being 16’ from ordinary high water level and one foot from east lot line, structure to exceed 20’ non
dwelling allowance. 5 foot variance requested. Future dwelling area of 1408 square feet (shape to be determined at
time of construction) being approximately 16’ from ordinary high water level. Impervious surface coverage at 17.8%.
Variance for septic system being approximately 35’ from ordinary high water level (required setback is 150’).
May 5, 2011
Page # 4
December 2, 2010 meeting - The audience was polled with Creighton Clemens, Loren Frigaard and Curt Mark
expressing concerns with the development as proposed. Emails from Donna Mark and Craig Utterberg in opposition
to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a
motion, second by Rick Wilson and unanimously carried, to table, with the applicant’s verbal permission, the hearing
on this variance application uritil the next regularly scheduled Board of Adjustment meeting to provide the applicant
with an opportunity to consider other development which would- require substantially fewer variance request. The •
general consensus of the Board was that the applicant’s property is not large enough to support the development as
currently being proposed. April 14, 2011 meeting - The applicant presented a revised development plan for
consideration by the Board of Adjustment. After consideration and discussion, Thomas Lee made a motion, second
by Steve Schierer and unanimously carried, to table vyith the applicants’ verbal approval the hearing on this
application until the May 5, 2011 Board of Adjustment meeting to provide the applicant with an opportunity to consider
other development which would require substantially fewer variance requests and greater setback distances. It was
the general opinion of the Board that the proposed development Is excessive for this property. It was suggested that
the applicant attempt to develop a plan that would contain a structure having a depth of no more than 20', would place
the proposed development at least 60' from the ordinary high water level, at least 20’ from the edge of the road
easement to the north, at least 20’ from the road right-of-way to the east and would not require any variances for the
placement of a septic system. May 5, 2011 meeting - After consideration and discussion, Steve Schierer made a
motion, second by Paul Larson and carried with Rod Boyer abstaining, to deny the variance application as requested
for lack of representation at the May 5, 2011 meeting and for not providing the Board-with prior written authorization
allowing the Board to table this application until the June meeting. Note - Since the applicant did not appear at the
May 5 hearing and since the applicant did not provide prior written authorization to table the application to the next
meeting, the Board’s only option at the May 5th meeting was to deny the variance application. However, if there were
circumstances that prevented the applicant from attending the May 5 meeting and if the applicant submits written
authorization to table this application to the County Auditor's office within three business days from this meeting date,
the application will be considered tabled and rescheduled for the June 2, 2011 meeting; otherwise, the motion as
passed will stand and the applicant would need to submit a new application.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 7:30 p.m.
Prepared.by: i__
Wayne &ein, Secretary
The minutes were mailed on Friday, May 6, 2011 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 schedule meeting.
!
AprU 14,2011
Page # 3
Michael Schnoes - Tabled. (7:10 p.m.)
Michael Schnoes, part of Government Lots 5 and 6, Section 33 of Tordenskjold Township by an unnamed lake,
requested the following;
Option A - Construct 40’ by 72’ by 25’ storage building with temporary living quarters, to be removed when dwelling
constructed, being approximately 16’ from ordinary high water level and one foot from east lot line, structure to exceed
20’ non-dwelling allowance - 5’ foot variance requested. Future dwelling area of 1,904 square feet. (Shape to be
determined at time of construction.) Dwelling approximately 16’ from ordinary high water level and 7.5’ from west lot
line and 13’ from easement road. Impervious surface coverage at 20.86%. Variance for septic system being
approximately 43’ from ordinary high water level (required setback is 150’).
Option B - Construct 36’ by.72’ by 25' storage building with temporary living quarters (to be removed when dwelling
constructed) being 16’ from ordinary high water level and one foot from east lot line, structure to exceed 20’ non
dwelling allowance. 5 foot variance requested. Future dwelling area of 1408 square feet (shape to be determined at
time of construction) being approximately 16’ from ordinary high water level. Impervious surface coverage at 17.8%.
Variance for septic system being approximately 35’ from ordinary high water level (required setback is 150’).
> December 2, 2010 meeting - The audience was polled with Creighton Clemens, Loren Frigaard and Curt Mark
expressing concerns with the development as proposed. Emails from Donna Mark and Craig Utterberg in opposition
to the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a
motion, second by Rick Wilson and unanimously carried, to table, with the applicant’s verbal permission, the hearing
on this variance application until the next regularly scheduled Board of Adjustment meeting to provide the applicant
with an opportunity to consider other development which would require substantially fewer variance request. The
general consensus of the Board was that the applicant’s property is not large enough to support the development as
currently being proposed. April 14, 2011 meeting - The applicant presented a revised development plan for
consideration by the Board of Adjustment. After consideration and discussion, Thomas Lee made a motion, second
by Steve Schierer and unanimously carried, to table with the applicants’ verbal approval the hearing on this
application until the May 5, 2011 Board of Adjustment meeting to provide the applicant with an opportunity to consider
other development which would require substantially fewer variance requests and greater setback distances. It was
the general opinion of the Board that the proposed development is excessive for this property. It was suggested that
the applicant attempt to develop a plan that would contain a structure having a depth of no more than 20’, would place
the proposed development at least 60’ from the ordinary high water level, at least 20’ from the edge of the road
easement to the north, at least 20' from the road right-of-way to the east and would not require any variances for the
placement of a septic system.
Barry and Connie Rongen - Approved the application as requested with conditions. (7:36 p.m.)
Barry and Connie Rongen, Lot 13 Star Lake Beach, Star Lake in Star Lake Township, requested a variance of 20’
from the required road right-of-way setback of 20’ for the placement of a structure 0’ from the road right-of-way. The
audience was polled with Kris Svingen, Attorney, speaking on behalf of the owner (Dawn Sternal) of Lot 8, Star Lake
Beach. The only existing access to the property owned by Mr. Svingen’s client is this so called abandoned road,
which at the present time has not been legally vacated. It was noted that if Mr. Svingen’s client could obtain access to
her property through another means she would probably have no objection to this request. An email from Paul
Randall in support of the variance as requested was read for the record. After consideration and discussion, Steve
Schierer made a motion, second by Michael Harris and carried with Rick Wilson voting no, to approve a variance of
20’ from the required road right-of-way setback of 20’ for the placement of a structure 0’ from the road right-of-way of
the abandoned road as depicted on the drawing submitted with the application with the condition that the so labeled
abandoned road must be legally vacated before any permits can be issued for the proposed development and with
the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces once the
proposed development can be completed.
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, December 2, 2010
The Otter Tail County Board of Adjustment met Thursday, December 2, 2010, with the following persons in
attendance:
Thomas Lee
Rick Wilson
Michael Harris
Randall Mann
Mark Ronning, Land and Resource Management
David Hauser, County Attorney
Paul Larson
Steve Schierer
Called to Order - Randall Mann, 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 4, 2010 meeting as mailed.
The Board of Adjustment considered the followirig applications for variance:
Donald and Janet Nelson - Variance approved as requested with a condition. (6:31 p.m.)
Donald and Janet Nelson, part of the Northeast Quarter of the Northeast Quarter, Section 24 of Elizabeth Township
by Jewett Lake, requested a variance to subdivide 4.5 acres from an existing 32.54 acre parcel for residential use.
The minimum size for metes and bounds-parcels within the shoreland area is 5 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, second by Thomas Lee and carried with Michael Harris voting no, to approve a variance to subdivide 4.5
acres, depicted as Tract D on the drawing submitted with the variance application, from an existing 32.54 acre parcel
for the purpose of residential development with the condition that a registered surveyor’s drawing must be presented
at the time of conveyance. The parcel has access to a public road and exceeds the required size for platted back lots.
Michael Schnoes - Tabled. (6:38 p.m.)
Michael Schnoes, part of Government Lots 5 and 6, Section 33 of Tordenskjold Township by an unnamed lake,
requested the following;
Option A - Construct 40’ by 72’ by 25’ storage building with temporary living quarters, to be removed when dwelling
constructed, being approximately 16’ from ordinary high vyater level and one foot from east lot line, structure to exceed
20’ non-dwelling aliowance - 5’ foot variance requested. Future dwelling area of 1,904 square feet. (Shape to be
determined at time of construction.) Dwelling approximately 16.’ from ordinary high water level and 7.5’ from west lot
line and 13’ from easement road. Impervious surface coverage at 20.86%. Variance for septic system being
approximately 43’ from ordinary high water level (required setback is 150’).
Option B - Construct 36’ by 72’ by 25’ storage building with temporary living quarters (to be removed when dweliing
constructed) being 16’ from ordinary high water level and-one foot from east lot line, structure tp exceed 20’ non-
dwelling aliowance. 5 foot variance requested. Future dwelling area of 1408 square feet (shape to be determined at
time of construction) being approximately 16’ from ordinary high water level. Impervious surface coverage at 17.8%. ■
Variance for septic system being approximately 35’ from ordinary high water level (required setback is 150’).
The audience was polled with Creighton Clemens, Loren Frigaard and Curt Mark expressing concerns with the
development as proposed. Emails from Donna Mark and Craig Utterberg in opposition to the variance as requested
was read for the record. After consideration and discussion, Steve Schierer made a motion, second by Rick Wilson
and unanimously carried, to table, with the applicant’s verbal permission, the hearing on this variance application until
the next regularly scheduled Board of Adjustment meeting to provide the applicant with an opportunity to consider
other development which would require substantially fewer variance request. The generaf consensus of the Board
was that the applicant’s property is not large enough to support the development as currently being proposed.
420 SQ. FT Driveway
300 SQ. FTShed/Well
3,878 SQ. FT House/Garage
18.85% Covering Property
Red Lines = Property Lines
Blue = Lake Bondry
Purpie = Road
Green = Proposed BuikJings
Buildings = Near Property
= Line of Sight
® = Ordinary High Water Level
90. 28.
52
15.6
33
Wayne stein
Donna M. Mark < Donna.Mark@mayvillestate.edu>
Thursday, December 02, 2010 9;24 AM
Wayne Stein ,
Donna M. Mark
Variance for Michael Schnoes
From:
Sent:
To:
Cc:
Subject:
Mr. Stein and Committee,
I'm writing a letter in opposition to a building variance that Michael Schnoes (property Gov lots 5 & 6, address 31470 &
31490 Golf Course Lane) has requested. His request is too large for his iot and is not good for our neighborhood and the
environment. According to Ottertail Lake Shore codes a building must be 100 feet from high water. Michael's building
will not be 100 feet away. My husband and I just built a new home less than a block from where Michael wants to
build. We would have liked to have built our home closer to the lake but because of the code we couldn't. So our house
is 100 feet away as should Michaels need to be: If Michael gets a variance, you will open up a can of worms -several
others could possibly want to build closer to the lake.
As you enter our neighborhood, Michael Schnoes land is the first lake property you see. For the sake of the
neighborhood and the beauty of the lake, we don't want a "pole barn" that large right on the entrance of our lake shore
neighborhood.. I suggest he replace his old trailer with a new one, the same size and in the same spot or find another lot
on a different lake that ,would accommodate his large building. Michael is a summer resident. We have several families
that live on the lake year round and we should not have to deal with this large building, especially in the winter where
the snow could pile up on roads due to the large building site. Plus his building would block site of traffic. We have
school buses that pick up children in our neighborhood. His corner lot is on a 3-way street.
Michael's proposed septic system is an environmental hazard, it is too close to the water. We need to protect our lakes
and follow the codes. We did when we built two years ago.
Michael needs to abide by the codes. Please protect our neighborhood and our Lake by not granting Michael Schnoes a
variance. Call me if you have any questions.
Thank You.
Donna Mark
31431 Golf Course Lane
Dalton, MN
701-866-5443
:
1
Wayne Stein
r
Logan Utterberg <logahthomas22@hotrriail.com>
Thursday, December 02, 2010 4:16 PM
Wayne Stein
Schnoes variance hearing
From:
Sent:
To:
Subject:
i
I arri writing you to voice m'y opinion on the schnoes variance request. Any project requiring this many variances should_
be re-examined. It vyould se^ that the building is just too big for the lot. A 25 ft high storage building, temporaryorno^
would be totally out of place at this location in a residential ndqhborhood^Asmallerbuildin^betterfittinqthe^^^^^H
neighborhood and The lot would seem to be a better choice.HMHIH^^^^^HH^^^H^HHHil^^^^^H
• i
■ 1
!Craig Utterberg^^^^^H^
16195 Golf Course Lane|t ..hi0.
••y •• '
1
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
FPStructure(s):
Ft2Deck(s):
omoM112,Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):\0
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:i
Ft2LOT AREA:
4 9.1 = .20%Co %X100 =1 IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
" omoiJ B"Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Plastic Barrier)
Other:
.\07"^\0'Ft2
Ft2TOTAL IMPERVIOUS SURFACE:1
Ft2LOT AREA:
4 ^7/rY. g'17.9:y ^77.0 = OJ^%X100 =
TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIOLOT AREA
''i Ou\vs*vv(L^
Michael Schnoes
1012 Valley View Dr.
Ida Grove, lA 51445
VO\
Land and Resource Management
Government Services Center
540 Fir Ave W
Fergus Falls, MN 56537
Dear Variance Board Members:
I am applying for variance for the two properties that I currently own. I am
applying for a variance due to that fact that my two lots are only 108 feet deep on
an unnamed environmental lake (56-420). I would like to build a machine shed
40’X72’X35’ (3,108 sq. ft.) with a one foot overhang. The building would be
placed on footings and have a cement floor, I would also like to include a 28’X28’
(784 sq. ft.) living space inside the unit until I am able to build a house. Once the
house is built the living space will be taken out of the machine shed. I would like
to build the machine shed one foot away from the (58000330237030) west
property line for the simple fact that my property line is fifteen feet away from Golf
Course RD.
I am hoping that I will be able to build a home with in the next three to seven
years or possible sooner. I would like the house to be 34’X56’X35’ (2,088 sq. ft.)
or 32’X44’X35’ (1.564 sq. ft.). There is also a 32’X79’ (2,500sq. ft.) area for the
sewage treatment area.
I would personally like to build the home with the machine shed but unfortunately
I have not been able to find a position near my property. Currently I use the
property for my second home, which I spend my summers and weekends at. I am
currently a high school teacher in Iowa.
I have enclosed two options (“A” and “B”) that I would like but I am more than
willing to work with the board on changing the size of the home and machine
shed.
I have enclosed photos of the current property, which include the current
structures. I have also included my neighbor’s garage, which is sitting against the
property stake on the northeast corner of lot 58000330237027. His garage was
built in 2000.
Sincerely
Michael Schnoes
035X)b'
10447,se
No Delinquent taxes and transfer
entered: Certificate of Real Estate
Value ( ) filed ( ) not required
Certificated o^^e^l^^^e Value
\OGHjMQby ^
Parcel#
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #____
was fiied/recorded In this office
for record on the^ _dav of
1044786
2008
, County Auditor
__, Deputy I2008 at.
IOCWarranty Deed
Individual(s) to Individual
COUNTY OF OTTER TAIL
STATE OF MINNESOTA DEEDTAXS.U^?.5 _
NUMBER _3 fig - 7 DATE----^
STATE DEED TAX DUE HEREON: $165.00
Date: September 5, 2008
FOR VALUABLE CONSIDERATION, Mary Ann Christians, a single individual. Grantor,
hereby conveys and warrants to Michael T. Schnoes, real property in Otter Tail County,
Minnesota, described as follows:
That part of Government Lot 6, Section 33, Township 132, Range 41, Otter Tail County,
Minnesota, described as follows: Commencing at the Northeast corner of said Government
Lot 6 (for descriptive purposes only the Eas^e of said Lot 6, has an assumed bearing of
North): thence North 71 °44'10" West 127.2Yeet; thence South 02°12'50" West 120.40 feet
to point of beginning; thence North 02°12'50" East 70,40 feet; Thence South 89°33T5"
East 40 feet; thence North 02°22' East 12.26 feet; thence East along the Northerly line of
said Government Lot 6 82.59 feet; thence South along the Easterly line of said
Government Lot 6 107.42 feet; thence V\^st 90° 66 feet; thence North 61°53'20" West 68.75 feet to point of beginning. /
Together with the perpetual right-of-way and easement granted hereby, the grantees their
successors and assigns shall have the right of ingress and egress at all times upon over
and across that part of Government Lots 5 and 6, Section 33, Government Lot 4, Section
34, Township 132, Range 41 lying Northerly of the Southerly 772.58 feet of said Sections,
reserved for a jointly used access roadway which roadway is now located and running
between the public road and premises herein described.
There is also hereby granted to the grantees the right to use of the following described
beach on Stalker Lake for docking, loading and unloading purposes, ,to-wit: 75 feet of
beach lying aTid-^eing West of a point315feet west of the section line between Section 33
and 34; together with access to the same from the south on and over a jointly used
roadway now located thereon
^D
vThat part of Government Lots Sand 6, Section 33, Township 132, Range 41, described as
follows:
Commencing at the Southeast Corner of said Government Lot 5 (for descriptive purposes
only, the East line of said Lot 5 has an assumed bearing of North); thence North 71°44'50"
West 127.2 feet to point of beginning; thence North 87°47'10" West 30 feet; thence South
2° 12'50" West 105.83 feet; thence South 61 °53'20" East33.35 feet; thence North 2°12'50"
East 70.40feet; thence South 87°47T0" East40feet; thence North2°12'50" East50feet;
thence North 87°47T0" West 40 feet to the point of beginning.
Together with the perpetual right-of-way and easement granted thereby, the purchasers,
their successors and assigns shall have the right of ingress and egress at all times upon,
over and across that part of Government Lots 5 and 6, Section 33, Government Lot 4,
Section,34, Township 132, Range 41 lying Northerly of the Southerly 772.52 feet of said
Sections reserved for a jointly used access roadway which roadway is now located and
running between the public road and the premises herein described.
,1
1
*
Together with all hereditaments and appurtenances belonging thereto, subject to the
foilowing exceptions:
NONE 3'3’ 03>D
a"?
I
The seller certifies: i
(X) Well certificate attached hereto. i
() That there no known welis on the above described property.
() that there are no changes in the number or status of wells since the iast known well
certificate fiied.
Maiw Ann Christians
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
The foregoing instrument was acknowiedged before me on September 5, 2008 by Mary
Ann Christians, a singie individuai, Grantor.
!\ GARY A NEUMANN
NOTARY PUBLIC-MINNESOTA j
^ My Commission Expires JAN. 31, 2010 j
My Commission Expires:
Tax Statements bn the property described
In this instrument shouid be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
West Central Abstracting Co., Inc.
202 W. Junius
Fergus Falls, MN 56537
73^-
Michael T. Schnoes
106 S. Hahn Ave
Rosholt, SD 57260
[
\
Notice of Hearing for Variance
Otter jTaii County
Government Services Center
SIORrAveW
Fergus Falls, MN 56537
(218) 998^8030/998-8041
Email - wstein@co.ottertai|.mn.us
www.co.btter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Michael Traver Schnoes
1012 Valley View Dr.
Ida Grove, lA 51445
has 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 2, 2010 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
part of Government Lots 5 and 6,
Property Address - 31470 and 31490 Golf Course Lane
Section 33, Township 132, Range 41 - Township Name r- Tordenskjold
Lake No. 56-420, Lake Name - Unnamed, Class - NE
The variance requested is -
Option A - Construct 40’ by 72’ by 25’ storage building with temporary living quarters, to be removed when dwelling
constructed, being approximately 16’ from ordinary high water level and one foot from east lot line, structure to exceed 20’
non-dwelling allowance - 5’foot variance requested. Future dwelling area of 1,904 square feet. (Shape to be determined at
time of construction.) Dwelling approximately 16’ from ordinary high-water level and 7.5’ from west lot line and 13’ from
easement road. Impervious surface coverage at 20.86%. Variance for septic system being approxirriately 43’ from ordinary
high water level (required setback is 150’).
Option B - Construct 36’ by 72’ by 25’ storage building with temporary living quarters (to be removed when dwelling
constructed) being 16’ from ordinary high water level and one foot from east lot line, structure to exceed 20’ non-dwelling
allowance. 5 foot variance requested. Future dwelling area pf 1408 square feet (shapeTo be determined at time of
construction) being approximately 16’ from ordinary high water level. Imperyious surface coverage at 17.8%. Variance for
septic system being approximately 35’ from ordinary high water level (required setback is 150’).
All current structures will be removed. Existing wells to be sealed and a new deep well drilled.
Stein
Board of Adjustment Secretary
Date: November 12, 2010
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 12th, day of November, 2010 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Michael Traver Schnors, 1012 Valley View Dr #106, Ida Grove, lA 51445
Sylvan Lein, 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
Terry Lejcher, DNR 1509 1^' Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
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
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
Rick Wilson, 609 W Lakeside Dr, 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 12th, 2010
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
CREIGHTON A & TERESA CLEMENS
4428 WELCOME AVE N
CRYSTAL MN . 55422 1165
STEVEN P & VONITA CIESIELSKI
556CHERILN
FRIDLEY MN 55421 1207
ROBERT G & SHEILA CHRISTENSON
5651 164TH LN NW
RAMSEY MN 55303 5803
GAYLAND & HARRIET FRONNING
.16156 GOLF COURSE RD
DALTON MN 56324 4519
DARRIN GOOD ET AL
13900 COUNTY ROAD 50
NYAMN 55368 9620
LOREN & SHIRLEY FRIGAARD TST
12769 COUNTY HIGHWAY 35
DALTON MN 56324 4603
BARBARA K HOWARD
16230 GOLF COURSE RD
DALTON MN 56324 4518
ALLAN F JAHNKE
5033 COUNTY ROAD 15
GRACEVILLE MN'56240 3108
STEVEN HOLD
17197 COUNTY HIGHWAY 47
. BATTLE LAKE MN 56515 9213
ANTHONY & KATHRYN LOOSBROCK
16254 GOLF COURSE RD
DALTON MN 56324
MICHAEL R & MARJORIE KNUDSON
135 80THSTSE
MAYNARD MN 56260 8139
ROBERT W & SHIRLEY JENSEN
1721 MILL ST S
FERGUS FALLS MN 56537 3631
CURTIS A MARK
31404 GOLF COURSE LN
DALTON MN 56324 4517
JOHN C & RENEE L MARLENEE
512 HAYES DR
NORTHFIELD MN 55057 3539
CURTIS & DONNA MARK
31431 GOLF COURSE LN
DALTON MN 56324 4517
JARED L & SARAH L MYERS
503 grant ST N
PO BOX 24
COLFAX ND 58018 0024
MICHAEL TSCHNOES
420 VIEW DR S APT 6
OSCEOLA lA 50213 1761
HERBERT ROMANCK
12084 ROMANEK RD
FLOODWOOD MN 55736 8326
GERARD C & LAURIE A THOMPSON
10720 49TH CT
ALBERTVILLE MN 55301 3534
TO THE PUBLICPAUL A & HELEN K TANGEN
505 MAIN STS
GRAND MEADOW MN 55936 1119
WAYNE & NANCY ULVEN ,
6169 172ND AVE SE
WALCOTT ND 58077
CHAD A & KATHRYN J ULVEN
17190 61ST STSE
WALCOTT ND 58077 9710
CRAIG W & LISA R UTTERBERG
1714 PULASKI RD
BUFFALO MN 55313 2230
STEVEN E & BRENDA K WOLFF
31669 GOLF VjEWTRL
DALTON MN 56324
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^
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
# 9^000 g 3^ 2 ^ 7^ ? %oo61,?oz^iSfl ~?
___________________ Application
. As a result, it may not be possible for
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
property/project (Tax Parcel
described in my
dated [O^ p<7~IO
PROPERTY OWNERDATED
\(xP^
ID
11-02-04
Mbowman forms-apps waiver 60 day rule