HomeMy WebLinkAbout32000160121001_Variances_07-12-2018Variances
2
Barcode 128
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Date Stamp 1209323
c=ao V CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
07/24/2018 10:48 AM
FEE: 46.00
PAGES 4
WELL CERTIFICATE RECD: N
JUN I ?, 2018iii=>g=:
?= 0"J
CO
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.^^
330-192?
COMPLETE THIS APPLICATION IN INK
Rp[)crtQiJ j?nr'LI l^sc^
12J^6?( lake^J^r' . -Hnsrfe/- <S4p4-^
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DAYTIME PHONEPROPERTY OWNER
MAILING ADDRESS
I2DLake,LAKE CLASSLAKE NAMELAKE NUMBER
Ih.+nbart137n4€TOWNSHIP NAMETOWNSHIPRANGESECTION
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________________________________
E-911
ADDRESS ,
PARCEL
NUMBER .^9-nno- iG' OIZ2-OOI
LEGAL DESCRIPTION
^.I2 AC pra-LM4^. jg io AC -^tC- /A' GL^q- Kf si.cF'e.
TYPE OF VARIANCE REQUESTED (Please Check)
Misc.^T^WECSSubdivision ClusterSewage SystemStructure Setback Structure Size
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
OLVahWf^Ac. alloweJ 2tO sa.-ff.
Xrv^oct -----^Oci'S'f>^ cxedkjpcchh)
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bluff |VY\pcu^
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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 THii MATTER.
DASIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Wiil Receive Notification As To The Date/Time Of Hearing)
I
/S'<pDate Of Hearing Time
Motion
Robert and Rachel Posch - Variance application approved as modified with a condition. (6:58 p.m.)
After discussion and consideration, Darren Newville made a motion, seconded by Thomas Lee and unanimously
carried, to approve a variance that would allow more than 260 square feet of impervious surface (approximately
2,440 square feet) within the shore impact zone for the patio and pathway and a variance from the bluff impact zone
for the completed earthmoving with the condition that the existing ) 0’ by I O' deck must either be removed or placed
in a location that meets the setback requirements of the Shoreland Management Ordinance, The Board’s approval is
based upon the approval granted by the Planning Commission and the efforts that will be undertaken to stabilized
the toe of the bluff and to minimize erosion. The variance as approved does not directly or indirectly grant any other
variances for the existing project or for any future dev'elopment.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
l/R Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 08232017-001
tea 364,738 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800-346-4870
. I
783189. X !
OFFICE OF COU^^rY PECOPO'ia
onEHVA.'LCOu:;rY,f.i.4
Q</£IL Ci'RTlFlCATE RECEIV:.:rRIJ55'J't-:FS DEEDHY :rifii vidaal (s) to Joint TenanCsdelinquent taxes and transfer enured,■
Certificate of Real Estate Value ( filed
( ) not required
certlrlca^^^^rNo1‘iTOfi'ice of County Recorder
County of Otter Tail
I hern^ cenit) l^at fii v.ii))in instr tor raep'd f VAr. o'Ice on tha^
I ^ SufifyfltcordBF
--------
I Estate Value No.
ument was' ledr>cHih^r- <5/ .19 9S
^ County Auditor
and was djiy Microfilmed as Doc.
........OoptiNny.IA> 0^*^'Deputy
429.00STATE DEED TAX HEREON: S
, 19__iiSeptemberDate;Creserved for recording data)
Edna E. Johnson, a widow and not remarried.
____________________________, as Trustee of _
, Grantor,
FOR VALUABLE CONSIDERATION,
individually and___________the
Joseph E. Johnson and Edna E. Johnson Family Trust
(Name of Trust)
Robert 0. Posch and Rachel J. Poschhereby conveys to
_________, Grantees, asCounty, Minnesota,joint tenants, real property in
described as follows-
Otter Tall
Paragraph I.All that part of Government Lots 3 arid 4 of Section 16, Township 137
North, Range 40 West of the Fifth Principal Meridian in Otter Tail
County, Minnesota, described as follows, to-wit: Beginning at a point
(iron sta)<e) on the East line of said Government Lot 3, which is
located 1475.0 feet South from the North Quarter corner (iron stake) of
said Section 16; thence running North 62 degrees 30 minutes West 1650.0
feet to an iron stake; thence running South 01 degree 23 minutes East
265.8 feet to en iron stake; thence running South 01 degree 23 minutes
East 127.8 feet to an iron stake on the shore line of Rose Lake; thence
running Soutfi 01 degree 23 minutes East 18.0 feet, mure or less, to the
water’s edge of Rose Lake; thence running in a generally Southeasterly
direction along the water's edge of Rose Lake to the East lire of said
Government Lot 2: thence running North 14.0 feet, more or less, in the
East, line of said Government Lot 3 to an iron stake on the shore line
of Rose Lake; thence running North 610.C feet in the East line of said
Government Lot 3 to the point of beginning. Contains 18.1 acres in
Government Lot 3 and 0.90 acre in Government Lot 4.
Paragraph IT.
A.lso a tract of land two rods in width located in the SW 1/4 of Section
9, Townsli.i.p '.37, Range 4 0 and in Government Lot 3, Section 16, Township
137, Range 40, more particularly described as follows, to-v;it:
Hosiinninq at a point (iron stake) on the east line of said Government
V.
«
lAjl 3, Section 16, Township 137, Range 40. which point is located 1 475
lent south from the North Quarter corner (iron stake) of said Section 16. tnence running north, on and along the east line of Government Lot 3, section 16. and the east line of SW 1/4, Section 9, where the same
intersects the duly laid out and traveled highway running east and
thence west a distance of 2 rods, thence south and parallel with the east line of the SW 1/4 to th? south line of said SW 1/4 of Section
9, thence continuing south and parallel with the east line of
Government Lot 3 a distance of 1,475 feet (more or less), thence east a
distance of 2 rods to the point of beginning. It is the intention of
the parties hereto that said tract of land will intersect with the road
running east and west on the north and terminating at the tract described in Paragraplj I. Subject to easements of record.
west,
together with all hereditaments and appurtenances belonging thereto.
TRUSTEE
Edna "Johnson, i^lvidually J
and as" trustee
County Of Otter Tail
State of Minnesota
DEED TAX . ..... %‘m^
Duie.
STATE OF
COUNTY i
The foregoing instrument was acknowledged before me this day of
, 1995 ■ by Edna E. Johnson, a widow and not remarried,
individually and as trustee of the Joseph E. Johnson and Edna E. Johnson
Family Trust
September
, Grantor.
.....of Trust)
______-________________________NotaW^• -Staji'VuQ'T Seal
(or- /'bVh e r j it i'e, V® rank)
;• r. ’ w* .■ V. :: 5 .... rT ; ? ■■-■ p- f' rj .*^ 4.
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, MyCo(Timto‘onπesAufl.31,lS3f(MytidtOJU S.)\
Signature of person taking ,acknowledgment
Tax Statements for the real property described in this instrument should be
sent to (Include name and address of
Grantee):
»
r .
THIS INSTRlfMEMT WAS DRAFTED BY:
(Name and Address)
HUMMFI. LAW FIRM
.910 Lincoln Avenue
P.O. Box 74:i
Detroit I.,akes, MN
j d.^'/cino
Robert 0. & Rachel. J, Posch
803 Cherokee Road
DeRidder, LA 70634
5650)
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, July 12, 2018
The Otter Tail County Board of Adjustment met Thursday, July 12, 2018, with the following persons in attendance:
Thomas Lee
Steve Schierer
Brent Frazier
Kenneth Vorderbruggen
Douglas Larson
Darren Newville
Jessica Fosberg, Land and Resource Management
Chris LeClair, Land and Resource Management - Director
Kurt Mortenson, Assistant County Attorney
Called to Order Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.ni.
Minutes Approved - The Board of Adjustment approved the minutes of the June 14, 2018 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Eugene and Linnea Strand - Variance application approved as requested with a condition. (6:33 p.m.)
Eugene and Linnea Strand, part of Government 7 and 8, Section 22 of Dunn Township by Franklin Lake, requested the following:
I would like to divide my 9.35 acres lot into two lots of 4.65 acres to have another dwelling for my mother built on this property.
Minimum metes and bounds tract size requirement is 5 acres. Survey will be done upon recording. Eugene Strand represented
the application at the public hearing. The audience was polled with Beverly Greenwald and Gary Barta speaking to the variance
as requested. Ms. Greenwald spoke in opposition to the variance as requested and Mr. Barta discussed the access road to the
proposed site. An email from Kent and Jemiy Heimark in support of the variance as requested, with conditions, was read for the
record. An email from Beverly Greenwald in opposition to the variance as requested was noted for the record. After discussion
and consideration, Darren Newville made a motion, seconded by Kemieth Vorderbruggen and carried with Thomas Lee and Steve
Schierer voting no, to approve the proposed subdivision as described in the variance application dated May 31, 2018 and as
depicted on the drawing submitted with the application with the condition that a registered surveyor’s drawing must be provided
at the time of conveyance/separation. Those voting in opposition noted that the property could be platted. Those voting in
support of the motion noted that the Board has approved similar requests and approval would be consistent with past actions of
the Board. It was also noted that the wetlands are not an issue that will significantly impact the proposed subdivision. The
variance as approved does not directly or indirectly grant any other variances for future development.
Rob and Terry Williams - Denied. (6:47 p.m.)
Rob and Teiry Williams, part of Sub Lot 3 of Government Lots 2 and 3, Section 34 of Star Lake Township by Dead Lake,
requested the following Dead Lake is an NE lake where setback is 200’. This building would be approximately 111’ setback
fi'om lake front. This lot will not allow 200’ without using wetland. Building 24’ by 40’ by 10’ metal pole frame. 1 would like a
variance for 89’ from the ordinary high-water level to place building at 111 ’ from lake for storage. Rob Williams represented the
application 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 Douglas Larson and carried with Thomas Lee and
Dan-en Newville voting no, to deny the variance as requested as no adequate hardship/practical difficult unique to the property
had been shown that would allow for the granting of the variance as requested. The applicants’ site does provide a location for
the propose structure that can meet the setback requirement and granting the variance would establish precedence.
Robert and Rachel Posch - Variance application approved as modified with a condition. (6:58 p.m.)
Robert and Rachel Posch, part of Government Lots 3 and 4, Section 16 of Hobart Township by Rose Lake, requested the
following: A variance of2,440 square feet over the allowed 260 square feet of impervious surface within the shore impact zone -
for existing deck, patio and pathway. A variance for the setback for a 10’ by 10’ deck. Would like to maintain location
approximately 5’ from shoreline. A variance for the bluff impact zone - earthmoving completed to improve existing pathways.
(Approximately 70 yards). Robert and Rachel Posch represented the application at the public hearing. The audience was polled
with no one speaking for or against the variance as requested.
Robert and Rachel Posch - Variance application approved as modified with a condition. (6:58 p.m.) - Continued
After discussion and.consideration, Darren Newville made a motion, seconded by Thomas Lee and unanimously carried, to
approve a variance that would allow more than 260 square feet of impeiwious surface (approximately 2,440 square feet) within
the shore impact zone for the patio and pathway and a variance from the bluff impact zone for the completed earthmoving with
the condition that the existing, 10’ by 10’ deck must either be removed or placed in a location that meets the setback requirements
of the Shoreland Management Ordinance, The Board’s approval is based upon the approval granted by the Planning Commission
and the efforts that will be undertaken to stabilized, the toe of the bluff and to minimize erosion. The variance as approved does
not directly or indirectly grant any other variances for the existing project or for any future development.
James and Johanna Christianson - Variance application approved as requested with condition. (7:10 p.m.)
James and Johanna Christianson, the westerly 105’ of Lot I, Lot 2 and Lot 26 Stony Bar Estates, South Lake Lida in Lida
Township, requested the following: Lot 26 and westerly 105’ of Lot 1 Block I of Stony Bar Estates are currently attached.
Request west 60’ of Parcel No. 37-000-99-1001-000 -be split off and be pennanently attached to Lot 2, Block 1 of Stony Bar
Estates where primary home is located. Septic failed and need room on adjoining lot to place mount system. The applicants were
represented by Barb Grunewald. 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 Brent Frazier and unanimously carried, to approve the
variance as described in the variance application dated June 18, 2018 and as depicted on the sketch presented with the application
with the condition that a registered surveyor’s drawing must be provided. It was noted that the failed system is a health issue and
there is no other space available for a new system. The variance as approved does not directly or indirectly grant any other
variances for current or future development.
Condon Trust - Denied. (7:12 p.m.)
Condon Trust, part of Government Lot 3, Section 23 of Dora.Township, requested the following: Proposing to subdivide a
proposed 6.7-acre parcel into four 1.3-acre parcels and one 1.5-acre parcel as shown on the submitted variance sketch. The
proposed metes and bounds subdivision exceeds the Shoreland Subdivision Ordinance requirement which is 40,000 square feet
(.92 acres). The closet of the proposed parcels to said lake are 475 feet directly west. The cuirent parcel is 82.02 acres.
Proposing to have lots buildable for single family residential use. Kevin Condon and Jack Rosenthal represented the applicants at
the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Dairen Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to deny the
variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the
granting of the variance as requested and noting that the proposed subdivision can be accomplished tlirough the platting process.
John IM and Susan J Anderson - Tabled. (7:20 p.m.)
John M and Susan J Anderson, Lot 83 of Nedberg-Nye Survey Lots of Government Lots 1, 2 and 3, Section 1 of Edna Township
by Devils Lake, requested the following; The size of the lot prohibits the structure from meeting certain size and setback
requirements. Requesting a 45’ variance for the proposed structure to be 30’ from the ordinary high-water level, required setback
is 75’. Requesting a variance from the allowed 260 square feet impervious surface in the shore impact zone to be at 1,445 square
feet for the construction of new dwelling and patios as shown on drawing. Requesting to place holding tanks 3’ from lot line.
Requesting to have building imperious surface to be at 23.7% and total impervious surface at 31.26%. Requesting to have
building to be 10.5’ at closet point to the road right-of-way as shown on drawing. Appearing with the applicants was Thomas
Anderson. A letter from Echo Dockter, Edna Township clerk stating the township’s objection to the requested road right-of-way
variance was noted for the.record. The audience was polled with Bill Norris expressing concern with the overall project and
specifically expressing concern on behalf of Edna Township with the setback from the road right-of-way. An email from Steve
Rausch requesting greater separation from the lot line was read for the record. After discussion and consideration, Thoinas Lee
made a motion, seconded by Steve Schierer and unanimously carried, to table with the verbal penmssion of the applicants this
public hearing until the August 9, 2018 meeting of the Board of Adjustment to provide the applicants with an opportunity to
consider their proposed project and to the number of variances being requested.
July 12, 2018Page I 2 of 4
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LAKEROSE
otter Tail County6/18/2018
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https://otcgis.maps.arcgis.com/apps/webappviewer/index.html?id=3d83daccb80c440eb0ea26dca79250e3 1/1
IMPERVIOUS SURFACE CALCULATION
List & identify ail existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^);
Other Impervious SurfaceBuildings
ProposedExistingProposedExisting
Ft^Ft^Ft^Ft^
Deck(s)IDOWoQODwelling
ZooPatio(s)Attached Garage
Sidewalk(s)Detached Garage
LgQ Landing(s)Storage Shed
Driveway(s)WOAS
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
\yD^n TOTAL OTHERTOTAL BUILDINGS
Buildings
impervious Surface
Percentage
Maximum Allowable 20%
Impervious
Surface
Ratio
Total Lot AreaProposedExisting
Ft^Ft^Ft^Ft^Total Buildings
■> 16IVCoOlUlgQ100+X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Impervious
Surface
Ratio
Lot AreaProposed TotalTotal
Buildings + Other
Impervious Surface
Existing
Ft^Ft^Ft^Ft^
0 100+-H X
Impervious Surface Calculation Worksheet 04-11-2016
DateSignature:
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
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.
Def # 76. Shore Impact Zone fSIZ):
Existing Ft^Proposed Ft^
Building(s)
I o oDeck(s)
"ZooPatio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
^iscellaiieocFS Z^'oO
7
TOTAL
Total
Shore Impact Zone
Impervious Surface
Existing TotalProposed
Ft^Ft^ Ft^
Maximum Allowable 260 Ft^
'2~~Io6'2'IOq +
iAlhsImpervious Surface Calculation SIZ 04-11-2016
Signature:Date:
77
Notice of Hearing for Variance
otter Tail County
Government Sei^ices Center
,510FirAveW
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTCR Tflll
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Robert and Rachel Posch
12861. Perch Lake Drive
Baxter, MN 56425
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, July 12, 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
Part of Government Lots 3 and 4,
Property Address - 36018 504"’ St. - 56544
Section 16, Township 137, Range 40 - Township Name - Hobart
Lake No. 56-360, Lake Name - Rose, Class - RD
The-variance requested is the following:
, .,A variance of 2,440 square feet over the allowed 260 square feet of impervious surface within the shore impact zone - for existing deck, patio
and pathway. A variance for the setback for a 10’ by 10’ deck. Would like to maintain location approximately 5’ from shoreline. A variance
■ for the bluff impact zone - earthmoving completed to improve existing pathways. (Approximately 70 yardsO>
' «r‘,S\
Stein
Board of Adjustment Secretary
June 21,2018
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 22nd, day of June, 2018 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Robert 0 & Rachel J Posch, 12861 Perch Lake Dr, Baxter, MN 56425-8402
Deb Moltzan, Twp Clerk of Hobart, 47550 353'^'' Ave, Frazee, MN 56544
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:
M.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, Elizabeth, MN 56533-9559
Darren M Newville, 614 6*'’ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland LN, Fergus Falls,MN 56537
Brent E Frazier, PO Box 255, Pelican Rapids, MN 56572
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: June 22, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
■.iht
ROBERT O & RACHEL J POSCH
12861 PERCH LAKE DR
BAXTER, MN 56425-8402
ALLEN D & MARION ANTONSEN
35744 504TH ST
FRAZEE, MN 56544-8969
JOSHUA R M HANSON
PO BOX 9
VERGAS, MN 56587-9