HomeMy WebLinkAbout28000290225000_Variances_04-08-2021M-S-zozl\Date Stamp 1256570
received
MAR 1 6 2021
LAyP&RESOURCE
LYNN R LhRSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/15/2021 12:17 PN
___________FFF. Ai. nn___________
i-.r-'.
r-c-'. :i ij .1
, Initial
JAE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 9
APPLICATION FOR VARIANCE REC'D; NCO
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.ottertailcountvmn.us
Soo- onApplication Fee
' Accepted By / Date 3'Hp'Z\
! M. j-Ary\W> U- DAYTIME PHONE~^2J30
ffriuv ^
aejcJ^iFjrr^\^n\/\(y^ . Cs>Y)r\
II LAKE NAME ______LAKE CLASS A/
Receipt Number ^DqII~0d0COMPLETE THIS APPLICATION IN INK
PROPERTY OWNER
MAILING ADDRESS
E-MAIL ADDRESS
LAKE NUMBER
PV-A Lf/3YM 92 5SECTIONTOWNSHIPRANGE
‘02'2^^'0o6
- crop-ZSi-CiTSLC - &CQ
o(K ooo 31< dQ b(p 0 0^
TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS a^sidb Co. ikoii
see cxPfa,cke^ 3^reels'
f+ cT 6ls
LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
Xstructure Setback Structure Size Sewage System Subdivision WECSCluster
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT
SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS
FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: SWoT^^QW/Sl NV1\aA^ mfvd"(CcAWVXg
SECTION OF ORDINANCE: ,(\ ^ __________
CP VanAv^ere®2od
i/w dtet ojj ^
(£> vfarvc(vx:€-^ iL
A ik( ^mrnny i^‘>l ^ ^ ^ -isLiJtjnj
OtLA^WxUg^lAmA \^Zrl3t ^AhJ^UAv .
VARIANCE REQUEST;
S(Z uo/ll mi'
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE 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.
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)
OFFICE USE ONLY
~1-crt>Date Of Board of Adjustment Hearing
Motion
Time
Gary & Anne Scheidecker - Variance Application Approved as Requested (8:03 p.m.)
After consideration and discussion, Douglas Larson made a motion seconded by Michael Donoho and carried by roll
call vote to approve the variance to construct a 12’ x 14’ Sunroom, 8’ x 14’ raised deck being 75’ fi-om the ordinary
high-water level and allow the shore impact zone impervious surface coverage to be 1896 sq. ft. 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 is a safety issue.
Chairman/otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Aes (Contact Land & Resource Management)
No
y L R Official/Date
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 368,804 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1-800-346-4870
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.COOTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER Tflil
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:Gary & Anne Scheidecker
Address/Parcel No. 29236 Co. Hwy 3 / 28000290225000, 28000290226000 & 28000280206008
Requested Variance: Variance from required 200' OHWL of 125' to replace the existing deck with a Sunroom (12' x 14')
and add a 8' x 14' raised deck. Variance from the Shore Impact Zone (SIZ) impervious surface (anything within 100' of the
OHWL more than 260 sq.ft.) amount requested is 1896 sq. ft. Note the impervious surface in the SIZ will not change as
the sunroom will be the same size as the existing deck. Our house was built in 1972-73 all of it is within the SIZ.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS D Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: |||. 4. A. & IV. 8. B. 1
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: Replacing a rotten deck which we can only use a couple weeks out of the
year as it is to buggy and hot in the summer. It also sits above the furnace room so we will not be changing the footprint of the
property, just want to add roof and walls and a deck, stairs to get up and down to it.
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:
The Shoreland Management Ordinance allows property owners to develop and improve their property.
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:
The proposed addition is a minimai addition to the existing iegal non-conforming structure.
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....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
It is an existing legal non-conforming structure not meeting setbacks of the Shoreland Management Ordinance.
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:
The proposed addition is a minimal addition to the existing legal non<onforming structure.
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:
The addition is a minimum expansion to an existing legal non-conforming structure.
The Otter Tail Gounty Board of Adjustment: APPROVES__X the requested variance.DENIES
Complete and attach After-the-Fact Addendum ii this is an After-The-Fact variance request.
DATED: April 8, 2021
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.)
:V-
It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
1204228
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
^ ( ) filed ( PO not required.
^SCert. of Real Estate Value No.
<=oT: ^"7
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTER OF TITLES
FERGUS FALLS, MN
RECORDED ON
03/27/2018 12:40 PM
FEE: 4d.00
PAGES 5
WELL CERTIFICATE REC'D: N
■CO
Ocs
(Year)
0° Wayne Stein, County Auditor/Treasurer
(fe)by
Deputy
QUIT CLAIM DEED
lndlvldual(8) to lndlvidual(3)
Minnesota Unifonn Conv^ancing Blanks
_____________ Form 10.3.1 (2016)
eCRV number:
S'-Z.7^gDEED TAX DUE: $DATE:
. 1 i _ tfm$ert name Bhdm^siBlis cl Grantor) ■ ^ __I X '
J\K . .eys and ouitdaims to y NV i A~AIA^ L-
FOR VALUABLE CONSIDERATION,
(“Grantor:),
(“Grantee”), as
□ tenants in common,
■^^joint tenants,
real property in “Wfi^cnrok t \___
(If more Ifian one Grantee Is named above and either no box is checked or both boxes ere rdrecked.
this conveyance is made to the named Grantees as tenants in common.)(Check only one box.)
County, Minnesota, legally described as follows:
cxA4tfLj£ikeA AeSCit^0T\
loixl (loY^5iil(£.rai^^^o oC '
COCKTV (>F OTTER TAEL
STATE OF SWJKRSOT.A
DCLfO TAX $ (-t^<~
tJUiUiSSR^ -U<; rM-7 p
D.AT5 g-AJa7rl^Check here if all or part of the described real property is Registered (Torrens) □
together with all hereditaments and appurtenances belonging thereto.
Page 1 of 2
r
otter Tail County, Minnesota 1204228 1 of 5
i
f
Page 2 of 2 Minnesota Uniform Conveyandng Blanks. Form 10.3.1
C/tec/( applicable box:Grantor j.The Seller certifies that the Seller does not know of any wells on^ j^ /
the described real property. Ir y
□ A well disclosure certificate accompanies this document or has ^ ~
been eled^icaily filed. (If electronically filed, insert WDC
,/number"' /
JB \ am familiar with the property described in this instrument,an(t7|^/ ^
^ I certify that the status and number dwells on the described ^
real property have not changed since the last previously filed
well disclosure certificate.
□
(signs
of r^ /-M >>1QState of
C^Av.a^ VV»pVjiV ^r
~ ' ' (insert name end marital status of each Grantor)
'C^ ■ Sr L 0 j rl B r
This instrument was acknowledged before me on by
XNhloijt(Stamp)
(sfgnshse of nOtaiiBI officer)
Title (and Rank): t r. .-ftis /tNattiy Puttie State of Florida
My CommlaaionOG 128811
Bipiroa 07/28/2021 *"~7 I --------My commission expires:
THIS INSTRUMENT WAS DRAFTED BY;
(insert name anOeildwss) \ *• e, I
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
(Insert legal name am residential or business aMBSs of Ormtee) ^ \ \ \ I
l\K 1- We U • r■%.
Otter Tail County, Minnesota 1204228 2 of 5
Schedule "A" Legal Description
Ag*t)
a'R' -OO) ■ '^S-Ttb
''X3DO-
TRACT8
That part of Government Lot 5, Section 28, Township 134 North, Range 42 West, Otter Tail County, Minnesota,
described as follows;
Commencing at the Southwest comer of said Section 28; thence North 00 degrees 00 minutes 00 seconds East,
assumed bearing, along the West line of said Section 28 for a distance of 500.45 feet to the point of beginning of the
tract to be herein described; thence South 90 degrees 00 minutes 00 seconds East 107.58-feet; thence North 80
degrees 31 minutes 46 seconds East 284.65 feet; thence North 01 degree 05 minutes 14 seconds East 571.31 feet;
thence North 23 degrees 58 minutes 59 seconds West 232 feet, more or less, to the shoreline of Otter Tail River
(Red River Lake); thence Northwesterly along said shoreline to said West line; thence South 00 degrees 00 minutes
00 seconds West along said West line 866 feet, more or less, to the point of beginning.
AND
That part of Government Lot 6, Section 29, Township 134 North, Range 42 West, Otter Tail County, Minnesota,
described as follows:
Commencing at the Southwest comer of Section 28, Township 134 North, Range 42 West, said County; thence
North 00 degrees 00 minutes 00 seconds East, assumed bearing, along the West line of said Section 28 for a distance
of 500.45 feet to the point of beginning of the tract to be herein described; thenpe continuing North 00 degrees 00
minutes 00 seconds East along said West line 719.35 feet; thence North 90 degrees 00 minutes 00 seconds West
194.81 feet, more or less, to the centerline of Otter Tail County State Aid Highway Number 3; thence South 08
degrees 09 minutes 16 seconds East along said centerline 726.70 feet, more or less, to the intersection with a line
bearing North 90 degrees 00 minutes 00 seconds West from the point of begiiming; thence South 90 degrees 00
minutes 00 seconds East 91.73 feet, more or less, to the point ofbegiiming.
EXCEPT
That part thereof conveyed to Otter Tail Power Company in Book 106 of Deeds, page 405, on file in the office of
the Otter Tail County Recorder, described as follows:
Beginning at a point on the West line of Section 28 T134N R42W, Otter Tail County, Minnesota, said point being
1365 feet North of the Southwest comer thereof; thence S 82®48’ E 472 ft; thence N 56®20’E 298 ft; thence S
79®50’ E 167 ft; thence S 33“12’ E 158 ft; thence N 84‘>15-’ E 535 ft; thence N48“20’ E 240 ft; thence N 74°2y E
120 ft; thence S 74*‘00’E 94 ft; thence N 84°55' E 761 feet to the North and South quarter Section line mnning
ttiroHgh the center of said Section 28; thence North on said quarter Section line to the waters edge of the Otter Tail
River; thence Westerly along the waters edge of die said river to the said West line of Section 28; thence South on
said West line of Section 28 to the point of beginning.
otter Tail County, Minnesota 1204228 3 of 5
Subjebt to'aiid together with a 66 foot wide easement for ingress, egress, drainage, and utility purposes over, under,
and across part of Government Lots 5 and 6, Section 28, Township 134 North, Range 42 West, Otter Tail County,
Minnesota, the Southerly line of said easement is descnbed as follows:
Commencing at the Southwest conier of said Section 28; thence North 00 degrees 00 minutes 00 seconds East,
assumed bearing, along the West line of said Section 28 for a distance of 500.45 feet to the point of beginning of the
line to be herein described; thence South 90 degrees 00 rninutes 00 seconds East 107.58 feet; thence North 80
degrees 31 minutes 46 seconds East 429.29 feet; thence North 57 degrees 03 minutes 23 seconds East 322.83 feet;
thence South 76 degrees 19 minutes 17 seconds East 620.01 feet; thence North 60 degrees 55 minutes 58 seconds
East 386.65 feet; thence South 75 degrees 43 minutes 48 seconds East 185.05 feet; thence South 89 degrees 17
minutes 26 seconds East 289.77 feet; thence North 79 degrees 29 minutes 19 seconds East 114.50 feet and said line
diere terminating.
Together with an easement for ingress, egress, and utility purposes over, under, and across that part of said
Government Lot 5, not included in the above-described easement, which lies within the circumference of a circle
having a radius of 66.00 feet The center of said circle is a point 66.00 feet Northwesterly from the terminus of the
above-described centerline as measured at right angle to said centerline.
AND .
Subject to and together with a 20.00 foot wide easernent for ingress, egress, drainage, and utility purposes over,
under, and across Govemmeiit Lot 6 and part of Government Lot 5, Section 28, Township 134 North, Range 42
West, Otter Tail County, Miimesota, the centerline described as follows:
Commencing at the Southwest comer of said Section 28; thence North,' assumed bearing, along the West line thereof
1198.00 feet to a point hereinafter referred to as Point A; thence South 88 degrees 48 minutes 24 seconds West
125.68 feet, more or less, to the Easterly right-of-way liiie of County State Aid Highway Number 3 and point of
begitming of the centerline to be herein described; thence North 88 degrees 48 minutes 24 seconds East 125.68 feet,
more or less, to said Point A; thence North 74 degrees 48 minutes 17 seconds East ,157.83 feet; thence South 70
degrees 29 minutes 40 seconds East 126.21 feet; thence South 83 degrees 44 minutes 36 seconds East 220.51 feet;
thence North 76degrees 33 minutes 51 seconds East 131.12 feet; thence SouthdOdegrees IS minutes 30 seconds
East 159.30 feet; thence South 83 degrees 47 minutes 35 seconds East 29.28 feet; thence North 62 degrees 42
mimites 54 seconds East 45.25 feet; thence North 86 degrees 43minutes 27 seconds East 240.23 feet; thence South
78 degrees 39 minutes.44 seconds East 64.08 feet; thence North 88 degrees 21 minutes 56 seconds East 66.98 feet;
thence North 81 degrees 06 minutes 10 seconds East 83.48 feet; thence South 86 degrees 52 minutes 18 seconds
East 47.80 feet; thence South 79 degrees 16 minutes 07 seconds East 89.14 feet and said centerline there
terminating.
The sidelines ofsaid easement shall be prolonged or shortened to terminate on said Easterly right-of-way line.
Subject to and together with the right-of-way for Otter Tail County State Aid Highway Number 3.
’OOO
1 K«rRby..seftll) taxes for th^
fnr the l;iJ»as 0 withiyffe
Subject to easements, restrictions, and reservations of record.
'ear
County
Otter Tail County, Minnesota 1204228 4 of 5
*I
Gonmencing at a point 1219-^ feet North of the Southeast
Comer of Section 29» Tov/nship 13^» Range 42» thence running
V/est feet; thence due North to the South shore of the Otter
Tail River; thence Easterly along the South shore of said Otter
Tail River to the East Section line of the said Section 29;
thence South along the East line of said Section 29 to the point
of beginning; containing about 115 square rods, more or.less.
I :■
:
I
I
*
'v
Ottet-IaiLCounty, Minnesota 1204228 5 of 5