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Home My WebLink About32000210154006_Variances_04-18-2013Variances Barcode 128 1126544 Date Stamp DOC# 1126544received 1126544 Fee: $46.00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: April 23, 2013 2:00 PM Wendy L. Metcalf, Recorder land & RESOURCE Returned To: LAND & RESOURCE L&R Initial 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 *5oo-coApplication Fee /‘/UUPCOMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date PdiMg'S D. deiAseiA S. iZose Oxf<& /^oad, fmz&e. MA/ SriSW LAKE NAME DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS RP_____LAKE CLASS Ho ha\rt LAKE NUMBER l?>7 ^0-Rt RANGE TOWNSHIP NAMETOWNSHIPSECTION 3 2000^(0/^7 OOG E-911 ADDRESS PARCEL NUMBER 3^20^ ^ ^^/<C. R-d. LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Subdivision Cluster WECSSewage System Misc.Structure SizeStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Requesting a variance from subdivision control ordinance to allow purchase of a 2.5 acre parcel from James D. Jensen, without platting, and as a substandard nonresidential lot which would be permantly attached to the existing lake lot, T6, owned by Lucinda and Jerry Michalski. The 2.5 acre parcel is predominantly wetland and contains very little area for other than a possible partial septic drainfield and small outbuilding for stor age. Jensen to retain 2.5 acres of his original 5 acre back lot. The parcel to be acquired by the Michalskis would be permantly attached to parcel # 32-000-21-0154-014. A survey will be done for the 2.5 acre lots if a Variance is approved. 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. r-' /3 F PROPiERTY OWNER / AGENT FOR OWNER DATESIGNATI 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 / S'/Date Of Hearing Time Motion James D. Jensen - Approved the variance application as requested with a condition. (6:58 p.m.) After discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the variance application dated February 5, 2013 with the condition that a registered surveyor's drawing must be provided at the time of conveyance. It should be noted that the variance as approved does not grant directly or indirectly any other variances for future development on this property. Practical difficulty is the unique characteristic of the property. Chairman/Ott^r Tail County BoarcH^f Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR _ LR Official/Date bk 072011-001 ROSE LAKE <e ffoa<itrovpiea Prcpca^ pubtic road easomont for South Ros«NOOTXrt5“t !7.x:Latte Rood sagva'ti’E/sii.ar - -S89V9‘1lt 451.59‘ N.'S Approximate locadco of road contd^ _ed9d to Hobart iownfhip in Book 42t of Oeodx page 179. The legoS dexoription contained <o <Aa< deed is unlocoiofote due to insufficient mothen^oticai dotn but corridor r^proximoteiy 66’ wide Nertheny tff>e of Timothy ft Poach’s fond ae described in Document No. 1104095 I Garage ond iconcretemfotmdafionI5describes a M-/sW/iO /I //m /Wt /5.00 AcroaN /•v5?(<X27 Acrts of usabtd armo)/SH(^/ /m Wt f.S /s.^ Wb $ImVa/O'!///m N .rerioK /V, ^ Nice////'a///N09V9'ia"W 647.98" 1 //s V __ _M m5'// jif Jensen property Michalski property Proposed 2.5 acre parcel sale to Michalski OlSTAMCe HESLIzMLjijg‘ 3^.0^ 7f this pfan, specification, ared by me or under my ind that I am a duty reyor under the laws of sota LEGEND £^> • - Denotes iron monuments found. O = Denotes iron monuments set marked with Minnesota License No. J200d/465J8. ® - Denotes iron monument of record. )80'160'O' Graphic Scale Scale: 1 inch 80 feetOrientation of bearing system is assumed. tJLooULicense^ Colored information added by Jim Jensen and is approximate. Original survey done by Meadowland Surveying in 2012. Signature of Propety Owner and date ^ Tax Parcel Number Z / ' N8pV5‘09’W JSSO. 93’ reposed public road lent for South Rose Lake Road ssgyg'iit/jii.gi'40.85' —78 1S89V9‘11’E 431.59’ \ Garage and concrete foundation Wetland boundary line This 2.5 acre parcel to be sold to Michalskis '''' Colored areas are approximate in dimension. ^^ECEIVED' land & RESOURCE r Ui J c-> ? ■ i Orange is 5 acre parcel owned by Jim Jensen *^tCE!VEDProposed 2.5 acre parcel to be sold to Lucinda & Jerry Michalski as a back lot. Yellow. Prepared by Jim Jensen. Parcel lines shown are approximate. land Jensen Existing 5 acre Parcel IMPERVIOUS SURFACE CALCULATION WORKSHEET: Uat of Qnalte (Existing and ProoosBd) ImpervlouB Surfaces fmust be shown on scale drawing): ^ Ft2Structure(s): Fl2Oeck(s): -720 Ft2Driveway(s): Ft®Patio(s): Ft®Sidewalk(s): Ft®Stairway(s); Ft®Retaining Wall(s): Ft®Landscaping; (Plastic Barrier) Other:Ft® (f G "5^ 2\l^%0O Ft® , ,oo7G Ft®TOTAL IMPERVIOUS SURFACE: LOT AREA: 0^76XIOOs % IMPERVIOUS SURFACE RATIOLOT AREATOTAL MPERVKMIS SURFACE '(3 Proposed Michalski 2.5 acre Parcel IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Pmtxtsed) Impervious Surfaces (must be shown on scale drawing): Ft2Structure(s): Ft®Deck(s): Ft2Driveway(s): Ft2Patio(s): Ft®Sidewalk(s): Ft®Stairway (s); Ft®Retaining Wall(s): Ft®Landscaping; (Plastic Barrier) Other:Ft® a Ft®TOTAL IMPERVIOUS SURFACE: LOT AREA: oXIOOs .%s IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE % %r'yy V Jensen Proposed 2.5 acre Parcel IMPERVIOUS SURFACE CALCULATION WORKSHEET: loua Surfacaa (muat be shown on acate drawing):List of OngHe (Existing and PmposBd) li Ft2Structure(s): Ft2Deck(s): 720 Ft2Driveway(s); Ft2Patio(s): Ft2Sidewalk(s): Ft2Stainway(s): Ft2Retaining Wall(s): Ft2Landscaping; (Plastic Barrier) Other:Ft2 4 ^Ft2TOTAL IMPERVIOUS SURFACE: i02AoO Pt2LOT AREA: 46 5T6 . .Of^2.4S'ZX100 =.% TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO M/Vo f April 18, 2013 Page # 2 Glen and Ruth Maroney/Grey and Pam Maroney - Approved the variance application as modified and with conditions. (6:40 p.m.) Glen and Ruth Maroney and Grey and Pam Maroney, Lots 1, 2 and 3 Bakers Addition to Leafside, and Lots 1 and 2 of Leafside, East Leaf Lake in Leaf Lake Township, requested the following: Proposing to split Lot 3 of Bakers Addition - Leafside from Lot 2 of Bakers Addition - Leafside and permanently attach Lot 3 of Bakers Addition - Leafside to Lot 1 of Leafside. Lot 2 of Bakers Addition to Leafside to be permanently attached to Lot 2 of Leafside. All lots to remain buildable for single family residential use. The audience was polled with on one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Michael Harris and unanimously carried, to approve the permanent attachment of Lots 1 and 3 Bakers Addition to Leafside to Lot 1 Leafside and the permanent attachment of Lot 2 Bakers Addition to Leafside to Lot 2 Leafside with the following conditions: 1.) Lots 1 and 2 Leafside will be remain buildable for single family residential use, 2.) Lots 1, 2 and 3 Bakers Addition to Leafside will be considered as buildable for nonresidential structures and 3.) the area contained within the back lots (Bakers Addition to Leafside) cannot be used when determining impervious surface coverage for front lot development. Brian Mann - Approved the proposed subdivision as requested with a condition and modified the ordinary high water level setback request. (6:47 p.m.) Brian Mann, part of Lot 6 and all of Lot 7, Block 1 and part of Government Lot 2, Section 2 of Perham Township by Little Pine Lake requested the following: “I am requesting a variance to split a standard parcel (51000990360000) from a substandard parcel (51000020036000) in order to create two single family residential lots. The two parcels are contiguous and are both owned by me, necessitating the variance. I am currently paying the taxes for my standard parcel through the escrow account associated with my mortgage, but I pay the taxes for the substandard lot separately. I assumed this was because the lots were already separate. The standard lot is 60,000 square feet, and it will not change in size if the variance is approved, nor will there be any changes to the structures, well, or septic. The substandard lot will also not change in size (13,000 square feet, 50 ft. by 260ft.), though part of my variance request is to add structures, a well and septic system to the lot, all of which are outlined on the scale drawing form. I am requesting the variance without a surveyor’s drawing. As can be seen on my scale drawing that outlines current lots and buildings, most of my neighborhood consists of smaller cabins or homes on lake lots that are 50ft. wide. My immediate neighbor’s structure to the East is what I would like to use as a setback standard from the lake. His structure is closer than the 75’ required by Land and Resource, being 60’ from Ordinary High Water Level and that Is the setback i request.” The audience was polled with on one speaking for or against the variance as requested. A letter from Ted Umhoefer providing additional information for consideration by the Board was read for the record. After discussion and consideration, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approved the proposed subdivision as stated in the variance application dated December 6, 2012 with the condition that a registered surveyor’s drawing must be provided and to approve an ordinary high water level setback for the applicant’s lake lot being no closer to the ordinary high water level than the front of dwelling on the neighbor’s property to the east. It should be noted that the variances as approved do not grant directly or indirectly any other variances for the proposed or future development. James D. Jensen - Approved the variance application as requested with a condition. (6:58 p.m.) James D. Jensen, part of the Southwest Quarter of the Southeast Quarter and Part of Government Lot 5, Section 21 of Hobart Township by Rose Lake, requested a variance from subdivision controls ordinance to allow purchase of a 2.5 acre parcel from James D. Jensen, without platting, and as a substandard nonresidential lot which would be permanently attached to the existing lake lot, T6, owned by Lucinda and Jerry Michalski. The 2.5 acre parcel is predominantly wetland and contains very little area for other than a possible partial septic drain field and small outbuilding for storage. Jensen to retain 2.5 acres of his original 5 acre back lot. The parcel to be acquired by the Michalskis would be permanently attached to parcel # 32-000-21-0154-014. A survey will be done for the 2.5 acre lots if a variance is approved. The audience was polled with on one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the variance application dated February 5, 2013 with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It should be noted that the variance as approved does not grant directly or indirectly any other variances for future development on this property. Practical difficulty is the unique characteristic of the property. ,.y Notice of Hearing for Variance Otter Taii County Government Services Center 510 Fir Ave W Fergus Faiis, MN 56537 (218) 998-8030/998-8041 Emaii - wstein@co.ottertaii.mn.us www.co.otter-taii.mn.us Appiicant and/or applicant’s representative must be present at the scheduied hearing. To Whom It May Concern: James D, Jensen 36205 S Rose Lake Road Frazee, MN 56544 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, April 18, 2013 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 the Southwest Quarter of the Southeast Quarter and Government Lot 5, Property Address - 36205 S Rose Lake Road Section 21, Township 137, Range 40 - Township Name - Hobart Lake No. 56-360, Lake Name - Rose, Class - RD The variance requested is - a variance from subdivision controls ordinance to allow purchase of a 2.5 acre parcel from James D. Jensen, without platting, and as a substandard nonresidential lot which would be permanently attached to the existing lake lot, T6, owned by Lucinda and Jerry Michalski. The 2.5 acre parcel is predominantly wetland and contains very little area for other than a possible partial septic drain field and small outbuilding for storage. Jensen to retain 2.5 acres of his original 5 acre back lot. The parcel to be acquired by the Michalskis would be permanently attached to parcel # 32-000-21-0154-014. A survey will be done for the 2.5 acre lots if a variance is approved. ‘Wc^Tie Stein Board of Adjustment Secretary Date; March 22, 2013 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 25th, day of March, 2013 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: James D Jensen, 36205 Rose Lake Rd S, Frazee, MN 56544 Debi Moltzan, Twp Clerk of Hobart, 47634 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: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537 Michael Harris, 38019 Dead Lake Rd, Richville, MN 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: March 25th, 2013 Wayne Stein, Secretary Otter Tail County Board of Adjustment Vl' /I'By: Vi Manderud CREA PROPERTIES LLC 1362 AVON ST N SAINT PAUL, MN 55117 BRENT D & BARBARA KUEHNE ET AL 4407 58TH ST FARGO, ND 58104 ALLEN & KATHLEEN BRAATEN TST 1511 34TH AVE S MOORHEAD, MN 56560 GRANT & THELMA HUNTER TST 35 LAKEWOOD VILLA ST COUNCIL BLUFFS, lA 51501 GERALD T & MARGARET R MCKENZIE 8929 LAKE DR NE FOREST LAKE, MN 55025 GERALD L & MARILYN FRAZIER 2215 17TH ST S MOORHEAD, MN 56560 JOHN & MARY RADLINGER TSTS 9405 136TH ST W ORLAND PARK, FL 60462 JAMES D JENSEN 36205 ROSE LAKE RD S FRAZEE, MN 56544 JAMES C & MARINA EDLUND 34230 SERENDIPITY RD CANNON FALLS, MN 55009 KAREN L WHEELER ATTN GRANT & THELMA HUNTER 35 LAKEWOOD VILLA ST COUNCIL BLUFFS, lA 51501 JUDITH A GUILIANI 2087 PINEHURST AVE SAINT PAUL, MN 55116 JOHN R & JOAN M WALL 3652 CYPRESS LN S FARGO, ND 58104 LESTER C&ARLIE JENSEN 2218 HENNEPIN STS SIOUX CITY, lA 51106 LARRY MADSON 4809 ROSE CREEK PKWY FARGO, ND 58104 KENT D & LAURELLA M CAULFIELD 3118 ELMWOOD DRW GRAND FORKS, ND 58201 PENSCO TST CO TSTEE L MADSON 450 SANSOME ST FL 14 SAN FRANCISCO, CA 94111 MARIAN GUNSTINSON & L D URBACH 35531 STATE HIGHWAY 228 FRAZEE, MN LUCINDA & JERRY W MICHALSKI 14330 CHERYL DR E SCOTTSDALE, AZ 85259 THOMAS & V KUEPPERS ET AL 2049 GOODRICH AVE SAINT PAUL, MN 55105 STEVEN R & JOANNE E KNUTTILA 1118 SUMMIT AVE DETROIT LAKES, MN 56501 PETER & GERALDINE FOLEY 2480 POND CIR E MENDOTA HEIGHTS, MN 55120 TRACY D & KARLA M SCHMIDT 35919 STATE HIGHWAY 228 FRAZEE, MN 56544 TIMOTHY RPOSCH 101 ROOSEVELT AVE DETROIT LAKES, MN 56501 THOMAS KUEPPERS TST 2049 GOODRICH AVE SAINT PAUL, MN 55105 WILLIAM J & MARY S BRENDLE 138 STANLEY ST SAINT PAUL, MN 55118 VERNON L HOLLAND 36091 ROSE LAKE RD S FRAZEE, MN 56544 Land WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER & 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 #3^ dOQ^ ( 00(^property/project (Tax Parcel described in my [a(Acue dated ^ Application Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I I I do not agree to waive the 60-Day Rule, and i understand that in the absence of vyaiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). 2- r- OWNERDATED 01-03-2011 Mbov/man app &forms~ waiver 60 day rule