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Home My WebLink About28000990374000_Variances_05-03-20125-5-Z0\7_110S585 DOC# 1108585 1108585 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec'd May 08, 2012 11:00 AM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp '•T Returned To;UN'L.' LAND & RESOURCE By: NDB 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 hs/ d 70 PS'S 7 Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number , Accepted By / Date DAYTIME PHONE y^r/crc/ PROPERTY OWNER InMAILING ADDRESS LAKE NUMBER ~ LAKE NAME T^n g l^A LAKE CLASS N £rjh4^TOWNSHIP NAME c.rTOWNSHIPRANGESECTION E-911 ADDRESS PARCEL NUMBER 7^7} 5‘OOOQ 2d ^QOQ 9^37^000 \ !S^ LEGAL DESCRIPTION PT ^ I ^ /V/A- r^r- / r.li-1. PohAnjL' Av.1 OJlku^JkjLdj Jk,rriS-// /MeL ii=37‘/re Mtm (UlJuihi/fb TYPE OF VARIANCE REQUESTED (Please Check) Sewage System ^ SubdivisionStructure Setback l7 Structure Size Misc.Cluster WECS SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We are requesting a 100 foot structure setback and a 75 foot septic sewer system setback. We want to retain the 100 foot setback (now it is 200 feet) that was allowed at the time the lot was created. Reasons; 1. Lake reclassification. We purchased and platted this lot in 2003. Until three years ago, this lot had an ideal location for building a home 100 feet from the OHWL. Tonseth Lake has been reclassified from a Recreational Lake with a 100 foot structure setback to a Natural Environment lake with a 200 foot setback. We understand this was done on all lakes in Ottertail Co under 150 acres, however; Tonseth Lake is listed at 156 acres on the DNR web site. 2. The neighborhood was developed when it was a 100 foot setback. 3. On July 7th, 2011, Jonathan Freeland received an approved variance of a 100 foot structure setback = and a 75 foot septic setback on the next lot to the north; therefore this will not obstruct either lot’s view. 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. 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 • Victor Lundeen Co . Printers * Fergus Falls. Minnesota . . ^ • Y7/^/yj/m^TimeDate Of Hearing Motion Glenn Freeland - Approved as modified with a condition. (8:47 p.m.) After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 200’ for the placement of the proposed structure 140’ from the ordinary high water level with the condition that the septic system must be place in a location that complies with the requirements of the ordinance. The granting of the variance as requested will provide the applicant with a reasonable use of the property. Chairman/Otter Tail County Bt^rd of Adfustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 072011-001 May?,i012 ' Page # 5 Glenn Freeland - Approved as modified with a condition. (8:47 p.m.) Glenn Freeland, Lot 18 Tonseth Heights and part of Government Lot 8, Section 4 of Friberg Township by Tonseth Lake, requested the following: We are requesting a 100' structure setback and a 75’ septic sewer setback. We want to retain the 100' setback (now it is 200’) that was allowed at the time the lot was created. Reasons: 1. Lake Reclassification. We purchased and platted this lot in 2003. Until three years ago, this lot had an ideal location for building a home 100' from the ordinary high water level. Tonseth Lake has been reclassified from a Recreational Lake with a 100’ structure setback to a Natural Environment Lake with a 200' setback. We understand this was done on all lakes in Otter Tail County less than 150 acres, however; Tonseth Lake is listed at 156 acres on the DNR web site. 2. The neighborhood was developed when it was a 100’ setback. 3. On July 7'^ 2011 Jonathan Freeland received an approved variance of 100’ structure setback and a 75’ septic setback on the next lot to the north; therefore, this will not obstruct either lot’s view. Jan Stilwell represented the applicant at the public hearing. The audience was not polled as there was no one from the public in attendance at the time of this hearing. After consideration and discussion, Paul Larson made a motion, seconded by Thomas Lee and unanimously carried, to approve a variance of 60’ from the required ordinary high water level setback of 200’ for the placement of the proposed structure 140’ from the ordinary high water level with the condition that the septic system must be place in a location that complies with the requirements of the ordinance. The granting of the variance as requested will provide the applicant with a reasonable use of the property. With no further business, Steve Schierer, Vice Chairman declared the meeting adjourned at 8:58 p.m. Prepared by: u) Wayne Stein^ecretary The minutes were mailed on Monday, May 7, 2012 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. ■camned ut less In the ^AJint ijf- beginning; C[-nTrfrrrnj^ i fY' ^ i^«« PARCEL D Lot 13, Block I, TON5ETI-I NEIGI-IT5, according to the reccrded plat thereof, Otter Tail County, Minnesota. AND All that part of Government Lot 3, Section 4, Touinship 134, Range 42, Otter Tail County, Minnesota, descrit?ed as folloLus: Commencing at the southwest comer of said Government Lot &; thence on an assumed bearing of North 33 degrees 54 minutes 37 seconds East along the south line of said Government Lot 3, a distance of 502.42 feet to the point of beginning of the land to be described; thence North Id degrees 41 minutes 0& seconds Hest a distance of 204.17 feet; thence North 3d degrees 02 minutes 37 seconds East a distcrtce of 43& feet more or less to the shoreline of Tonseth Lake; thence southeasterly along said shoreline, to said south line of Government Lot 3; thence South 33 degrees 54 minutes 37 seconds Nest along said south line, a distance of 511 feet more or less to the point of beginning. Containing 5.0! acres more or less.'hi Zh:i>•3rv*! 3 J ^3 Onrh^ Kc^- dr\4-c. Lc^r^. Sm^X^ i/UfHL hou^ ^ , ^r^VcL Irio-^/ U^-ff/ • /eP/- 'TurnOrs) dsvJin ~fA/-5‘Ph \fc\) 05 ..yocu. S^€.(j> ~ Tc i ■ o{ -t. O C a Tfetr^au~^ ' • \io • ?- t U>r/ii^ry //.35- 1 Sf o oc e Tur/x ri^Ad.‘6.T'1 ; •-.i?!si r•n3 0;/.■•? !?i 1>•'rf5^.•i•%i*1 •>^';.^xy 1; fr^cit/W ^ - —<7^''^ ■^>- <t^:m '"b" ' - •'OO oJ■ ■ I/• b r V*-^' •'■ V V-- '/- > <'3 —^ O ;■£5i;%%b,C?*t .V- cvy• *^3;■J/ $tA^i I1 ihUSTAULk . ^ ^ Y bv **•«»[(f. ^'rS' i s:r (^f\yi as -fo-r ifxU -fAt kf- (Xf ^6^ Cj5fWTi-/'Ai?|i!’- VOdife^ 'H^'t Xj-^odt/V Y^ihCl^ <5^ Lod -fo Vb','- ^ X'.is! ••;jd dH (^^7>\1*1•-r ?.?!isw ? I ?: i- ‘'GUk (df5.v.'^ 4b »»>•'.'T^)l£.5e- rocyJ^ o-rd tof'> hdo/'^ 4t» rr-J in:Xrf\ii^ CXr^ hiraf-Hf^S t ijf^-hl ^(5t^ tie arc{J <iTa)pL Cn -H>A 6r^ pafkj ir 4c ! ^ c«^v f^r~e^c /y u-to<JC j cJrtv< ^hetf. Turn ff' Uf ■5 mnrtt nr PARCEL D Lot I5f Block f, TON5ETN HEIGHTS, according to the recorded plat thereof, Otter Tail County, Minnesota. AND All that part of Government Lot 5, Section 4, Township 134, Range 42, Otter Tail County, Minnesota, described as follows: Commencing at the southwest comer of said Government Lot 5; thence on an assumed bearing of North 56 degrees 54 minutes 37 seconds East along the south line of said Government Lot 5, a distance of 502.42 feet to the point of beginning of the lend to be described; thence North !9 degrees 4! minutes 0^ seconds Hest o distance of 204.17 feet; thence North 59 degrees 02 minutes 37 seconds East a distance of 436 feet more or less to the shoreline of Tonseth Lake; thence southeasterly along said shoreline, to said south line of Govemm^t Lot 5; thence South 55 degrees 54 minutes 37 seconds Nest along said south line, a distance of 5if feet more or less to the point of beginning. Containing 5.01 acres more or less. -f'+■t-t; SCALE DRAWING FORMr yXA/YT) V/)/^^^/)/)/> S7‘y>r>0f TTax 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, lotiines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. biuffs), and onsite impervious surface calculations. U)510 fdirt i%Scale Impervious Surface Ratio (Must Complete Worksheet On Other Side) /i'"T •r \ldvum0~^ MX i. „ i„I r 4^•T"r1,4 1 4:I >A W<TWtDuiL]2<iAB_:kt -/ . <1 r ■.1 (X- ■t-0 T^-t-r • ^ □^d'V c : i- i-...'f-'V.J 6K»ias^I. -S>\I ■-!SI Q /HOO S3~^$'<D I- 4- ■ I • r {h ■I- Lu ■ •4-1■4-ri... ■ ;■-f- rITir!-1 ^ i■f T 4-t i-!1 ■ ( ,?r „.1.\ ■ L. i'T4 .1..... . ,, I{ '1—T4 i.....j - fC'~x -U4.!i..1...fff t-:■ tl4-IPi ;iA A A +■ ;X I- 3 3k- V T,■;—(............... ',1 4.f": i./c.i .4.£! ■=rf er;■j r4.3*"T \\:a j \4..i..-t-I \+ T4I dlhA 4nuJ/U)J...i,Ap/i} n VcMI! 4^TirtSignature of Property Owner Date BK — 0909 338k596 * Vtcto Uind»en Co, Primers • Fergus 1 alls. MM • 1-600-346-4870 1" i' 4..[■ IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): Fi^oPo5 Ft^' Structure(s):------ Ft2Deck(s): a Ft2Driveway(s): lob Ft2Patio(s): o ■Ft2Sidewalk(s): N/rM:..R2Stairway,(s);.„. .i;."1..4 M(TP^Ft2Retaining Wall(s): Ft2Landscaping: (Plastic Barrier) Other:a Ft2 Ft2TOTAL IMPERVIOUS SURFACE: / ^9'POO -h I R2 : 0! ^ LOT AREA: TOTAL IMPERVIOUS SURFACE hdSX100 =.% LOT AREA IMPERVIOUS SURFACE RATIO Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Glenn Freeland 24797 Tonseth Lane Erhard, MN 56534 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, May 3, 2012 at 7:30 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 Lot 18 Tonseth Heights, Property Address - None Section 4, Township 134, Range 42 - Township Name - Friberg Lake No. 56-690, Lake Name - Tonseth, Class - NE The variance requested is - the following: We are requesting a 100’ structure setback and a 75’ septic sewer setback. We want to retain the 100’ setback (now it is 200’) that was allowed at the time the lot was created. Reasons: 1. Lake Reclassification. We purchased and platted this lot in 2003. Until three years ago, this lot had an ideal location for building a home 100’ from the ordinary high water level. Tonseth Lake has been reclassified from a Recreational Lake with a 100’ structure setback to a Natural Environment Lake with a 200’ setback. We understand this was done on all lakes in Otter Tail County under 150 acres, however; Tonseth Lake is listed at 156 acres on the DNR web site. )2. The neighborhood was developed when it was a 100’ setback. 3. On July 7*^, 2011 Jonathan Freeland received an approved variance of 100’ structure setback and a 75’ septic setback on the next lot to the north; therefore, this will not obstruct either lot’s view. ‘Wayne Stein Board of Adjustment Secretary Date: April 13, 2012 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 17th, day of April, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Glenn R and Joanne T Freeland, 24797 Tonseth LN, Erhard, MN 56534 9447 Duane Mavis, Twp Clerk of Friberg, 30066 275**’ Ave, Erhard, MN 56534 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Marion Gill, 40122 Aerovilla Rd, Perham, MN 56573 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: April 17th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud KEVIN D & SUSAN A BEYER LINDA BOWHALL 24745 TONSETH LN ERHARD MN 56534 9447 STEVEN H ANDERSON 9024 15TH AVES BLOOMINGTON MN 55425 2220 PO BOX 172 CHOKIOMN 56221 0172 GLENN R FREELAND 24797 TONSETH LN ERHARD MN 56534 9447 WILLARD & CINDEY COLLINS TST 24701 TONSETH LN ERHARD MN 56534 9447 GLENN R & JOANNE T FREELAND 24797 TONSETH LN ERHARD MN 56534 9447 JONATHAN & MICHELLE FREEU\ND 45 LUVERNE AVE MINNEAPOLIS MN 55419 2623 THOMAS R & PATRICE V HARLEY 1200 PIKE RD E INDIANA PA 15701 8950 JASON & CINDY FREELAND 1180 LEXINGTON PKWY N SAINT PAUL MN 55103 1032 WILLIAM & MARILYN MARTINSON 42 36TH AVE NE FARGO ND 58102 1254 ROBB & BRENDA MILLER ET ALKEVIN D & MARY C JOHNSON 24664 TONSETH LN ERHARD MN 56534 9447 PO BOX 264 PELICAN RAPIDS MN 56572 0264 DANIEL I & SONYIA P OEHLER 35278 260TH AVE ERHARD MN 56534 9726 CARL J & DIANE E SELVIG 24680 TONSETH LN ERHARD MN 56534 9447 STEPHEN F NAGLE 24702 TONSETH LN ERHARD MN 56534 9447 HARLAN SHUCK & ROBERT SAMPSON 24396 EMERY DR ERHARD MN 56534 9457 MARSHA & DAVID THORSON 33102 COUNTY HIGHWAY 3 ERHARD MN 56534 9456 V A..