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Home My WebLink About13000990414000_Variances_05-11-20171190647 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 05/16/2017 2:34 PMRECEIVED Af'K 1 9 201/ tAND&RESOORCE 6bca FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D; N o f Q • •X • * F ^L&R Initial c:.4 » V 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 m£>COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date\!/ <^ 6 ^^ /s oC A /V Ci 4 Sl /7-M PROPERTY OWNER St Ctf<. Of' ^ L'T MAILING ADDRESS HlQL LEbAd PMA Lo^?P /f^ 7 DAYTIME PHONE /Ab^kjAA/5^ - 7f 1LAKE NUMBER LAKE NAME LAKE CLASS trZA/LIn-SECTION TOWNSHIP RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION Fue/7iL C>f I TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. P^I^Ccl / '^C>0O ^ I'booo 1^00^3 Owner of lot #190003 needs to purchase and permanently attach a 20 ft. wide triangular Piece from lot#414000, a vacant lot, in order for the existing drain field servicing lot #190003 to meet the 10 ft. lot line set back requirement. There is no change to the water frontage. The remaining portion of lot #414000 to remain buildable for residential purposes. 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. c iSIGNATURE OF PROP Y 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 Lundeer> Co , Printers • Fergus Falls, Minnesota /?/n.TimeX?6/7Date Of Hearing Motion Roland and Elizabeth Viger - Variance application approved as requested. (7:24 p.m.) After discussion and consideration, Darren Newville made a motion, seconded by Rod Boyer and unanimously carried, to approve the proposed subdivision as requested in the variance application dated April 19, 2017 and as depicted on the drawing submitted with the variance application and to declare the remaining portion of Lot 1 Fleming-Patterson Beach buildable for residential purposes. The variance as approved will keep the drain field that services Parcel No. 13000290190003 10’ from the lot line. The variances as approved are consistent with past decisions of the Board of Adjustment. The variances as approved do not directly or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment 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 bk 072011-001 Richard and Marjorie Jones - Variance application approved as requested with a condition. (6:55 p.ni.) Richard and Marjorie Jones, part of Government Lot 2, Section 20 of Dunn Township by Lake Lizzie, requested the following: Homeowner currently has variance for 70’ from ordinary high water level and is requesting this variance to be 50’ so as not to adversely affect the bluff to rear of lot. Requesting permission to clean bottom of bluff 2-3’ in to establish retaining wall to protect from further erosion. See pictures provided. Also requesting to move 10’ by 16’ existing storage shed to Parcel No. 170002000253006 70’ from ordinary high water mark. Rick Leitch, Excavator and Dave Johnson, Bamesville Homes appeared with the applicants. 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 Paul Larson and unanimously carr ied, to approve the variance as requested in the application dated April 11,2017 and as depicted on the drawing submitted with the application with the condition that Parcel Nos. 17-000-20-0253-005, -006 and -007 must be combined into a single parcel for development and conveyance purposes. It was noted that the proposed project is setback further back than other structures in the immediate area. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Daniel Maertens - Variance application approved as requested with a condition. (7:03 p.m.) Daniel Maertens, part of Lot 9, all of Lot 10 and part of Lot 11 Camp Tynset, Ten Mile Lake in Tumuli Township, requested the following: Requesting a 6’ 6” variance from the 30’ bluff impact zone placing dwelling 23’ 6” from top of bluff Dustin Maertens represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously cairied, to approve a variance of 6’ 6” from the required 30’ top of bluff setback for the placement of an addition to an existing dwelling 23’ 6” from the top of the bluff as depicted on the drawing submitted with the application with the condition that the drive way as presented on the drawing must be placed at least 2’ from the side lot line, which means the width will need to be adjusted to 8’ accommodate the 2’ setback. The variance as approved does not directly or indirectly grant any other variances for the proposed development of for any future development. Thomas Welle - Variance application approved as modified. (7:12 p.m.) Thomas Welle, part of Government Lot 9, Section 34 of Dunn Township by Franklin Lake, requested the following: We are proposing to add a new deck onto the north side of our existing 1950 cabin. The proposed deck will be no closer to the ordinary high water level, but will exceed the maximum allowable square footage (260 square feet) in the shore impact zone and the cabin/deck is 3 feet from the bluff The existing cabin is 45 feet from the ordinary high water level, as per the county survey. The total impervious area in the shore impact zone is proposed to be 350 square feet. We are asking for a variance due to the location and age of the cabin, extreme topography of the lot, shallow depth of the lot, and inability to view the lake from the exterior of the cabin. The impervious surface calculation for the buildings is 2.6% (20% allowable) and 7.6% (25% allowable) for all impervious areas on the site. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, seconded by Rod Boyer and carried with Darren Newx'ille voting no, to approve the variances necessary for the addition of a 20’ by 16.5’ (tipper) deck to the existing structure. The variance as approved will provide the applicant with the ability to enjoy a view of lake from outside of the dwelling. The variance as granted allows for the upper deck, but not the lower deck as depicted on the drawing submitted with the application. The variance as approved does permit steps down from the upper deck to the ground. The variance as approved does not directly or indirectly grant any other variances for the proposed project or for any future development. The hardship/practical difficulty is the unique shape and topography of the applicant’s propeily. Roland and Elizabeth Vigor - Variance application approved as requested. (7:24 p.m.) Roland and Elizabeth Viger, Lot 1 Fleming-Patterson Beach, Swan Lake in Dane Prairie Township, requested the following: Owner of lot# 190003 needs to purchase and permanently attach a 20’ wide triangular piece from lot #414000, a vacant lot, in order for the existing drain field servicing lot #190003 to meet the 10’ lot line setback requirement. There is no change to the water frontage. The remaining portion of lot #414000 to remain buildable for residential purposes. Mark Viger appeared at the public hearing with Roland Viger. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newvdlle made a motion, seconded by Rod Boyer and unanimously carried, to approve the proposed subdivision as requested in the variance application dated April 19, 2017 and as depicted on the drawing submitted with the variance application and to declare the remaining portion of Lot 1 Fleming-Patterson Beach buildable for residential purposes. The variance as approved will keep the drain field that services Parcel No. 13000290190003 10’ from the lot line. The variances as approved are consistent with past decisions of the Board of Adjustment. The variances as approved do not directly or indirectly grant any other variances for future development. Short Break - 7:25 to 7:30 p.m. Page I 2 May 11,2017 Notice of Hearing for Variance otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.us r' -1 IIOTC Applicant and/or applicant’s representative must be present at the scheduled hearing. ■ To Whom It May Concern: , , Roland and Elizabeth Viger , 17796 Cedar Park Loop : Fergus Falls, MN 56537 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, May 11, 2017 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 Aye.) Individuals <5 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 Loti Fleming-Pattersbn Beach, Property Address - next to 23557 Fleming Trail - 56537 Section 29, Township 132, Range 42 - Township Name - Dane Prairie Lake No. 56-781, Lake Name - Swan, Class - RD The variance requested is the following: Owner qf lot#190003 needs to purchase and permanently attach a 20’ vyide triangular piece from lot #414000, a vacant lot, ^ in order for the existing drain field servicing lot#190003 to meet the 10’ lot line setback requirement. There is no change, to the virater frontage. The remaining portion of lot #414000 to remain buildable for residential purposes. ■i?;' ‘WayneStein Board of Adjustment Secretary April 20, 2017 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 21st, day of April, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Roland and Elizabeth Viger TST, 17796 Cedar Park Loop, Fergus Falls, MN 56537 Bonnie Mark, Twp Clerk of Dane Prairie, 18259 275*^ Ave, Fergus Falls, MN 56537 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 1®* Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6‘^ St NE, Perham, MN 56573 Rod Boyer, 51127 E Wymer Lake Rd, Frazee, MN 56544 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 21st, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud , . MARIANNE FLEMING BRYAN ; 808 BERRY ST APT 415 . SAINT PAUL, MN 55114 1468 KEVEN K & DEBRA K CRABTREE 23517 FLEMING TRL FERGUS FALLS, MN 56537 8227. BRIAN & DEBRA GEIS 24215 BUNKER AVE MILROY, MN 56263 1132 LEONA JOHNSON TST C/0 SHARON CARLSON PO'BOX 10014 FARGO, ND 58106 14 ' DANIEL W & REBEKAHJ LEE 18216 COUNTY HIGHWAY 29 FERGUS FALLS, MN 56537 8220 i;GOLDEN SUNSET PROPERTIES LLC ; 6867 740TH ST WHEATON, MN 56296 5504 • i'. L I; KENNETH J LILL 23465 FLEMING TRL .FERGUS FALLS, MN 56537 8227 MICHELLE LOOMER 20622 DAYTON HOLLOW RD FERGUS FALLS, MN 56537 7622 BRAD D NISHEKETAL PO BOX 175 ELLENDALE, ND 58436 175 CURTIS L & DORA C NYMAN 17701 SWAN LAKE RD E ■ FERGUS FALLS, MN 56537 8237 RICHARD B & JENNIFER SMESTAD 17746'COUNTY HIGHWAY 29 FERGUS FALLS, MN 56537 8221 JENNIFER SMESTAD 17746 COUNTY HIGHWAY 29 FERGUS FALLS, MN 56537 8221 OWEN & REBECCA R THOMPSON PO BOX 244 't’.-BARNESVILLE, MN 56514 244 , MARKD&TERI LVIGER 23557 FLEMING TRL FERGUS FALLS, MN 56537 8227 MARK DVIGER TST 23557 FLEMING TRL , FERGUS FALLS, MN 56537 8227 .ROLAND & ELIZABETH VIGER TST 17796 CEDAR park LOOP FERGUS FALLS, MN 56537 8213 ;: ' ? ; -i! ncL 1 / 3cic\^fd0^d DAVID FLEMING, PRIOR OWNER OF LOT #414000 HAD THE LOT SURVEYED FALL 2016 WHICH REVEALED THAT THE EAST END OF BOTH OF THE SOUTH AND NORTH LOT LINES WERE DIFFERENT THAN WHAT BOTH PROPERTY OWNERS HAD ASSUMED AND AGREED ON FOR THE PAST 16 YEARS. THIS RESULTED IN THE FACT THAT A PORTION OF 10-28-2014 DRAIN FIELD OF LOT #190003 WAS NOW LOCATED ON LOT #14000. BEING UNABLE TO REMOVE A PORTION OF THE EXISTING DRAINFIELD, I WOULD DEED A 20 FT,WIDE TRIANGULAR PIECE OF LAND TO LOT #190003. THERE WOULD BE NO CHANGE TO THE WATER FRONTAGE. LiiQoUJ g s ^ cst uj - i LU ^ e ^ DC 1 ri P'y ^ y/l/feV CERTIFICATE OF SURVEY \ \ \ \ \ \\ \ \ \ PARCELT \O"'\9-k \2.9 Aci''V <dV*\*5)"\>cEASTERLY CORNER OF THE OEDtCATED ROAD k \\AS PLATTED IN FLEMING PATTERSON BEACH k ko-k k \\Ne9*57*29^/631.19 \53.06 n 11 \j \ O > ' ■ % \ -- \ \ \ . ^\ \ 1 Surveyor's Note: II appears there Is an error on ihe labeling of the northeasterly line of Lot 1, FLEMING PATTERSON BEACH. The distance of 269.9 feet between the iron monuments on the piat calculates out to be 209,85 feet using the other data given on Lot 1. The actual distance between the iron monuments is 209.81 feet.1=50 50 1000 SCALE IN FEET • 1/2" IRON PIPE O 1/2" [RON REBAR WITH PLASTIC CAP STAMPED "RLS 42620" A "RLS 45335“ & "RLS 51816' RECORD DATA recewed APK 19 W / C vA" SEC. 29 T 132 N R 42 W I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. DATE: 10/5/2016 • DRAWN BY: MTR • CHECKED: EGN • JOB NO. 9195 DAVID & PAULETTE FLEMINGREQUESTED BY: K IMvberqE»iTSSir!a«?5iS5!irai 509 22ND AVE. EAST, SUITE 101 ALEXANDRIA, MINNESOTA 56308 PH. (3Z0) 762-1111 * FAX (320) 762-4112 ErIcCJ.'Nyberg I216oSetback from Dwelling FT FT FT FT Setback from Non-Dwelling FT FT R R /C>*Setback from Nearest Property Line R R R RSetback from Right-of-Way R R R RElevation above Restrictive Layer R R R Holding Tank/Lift Alarm YES Old System Pumped & Destroyed igwrMB&rwiriv gWOUND / AT-GRAiy»i SOIL TREATMENT AREA CALCULATION TRENCH REDUCTIONFILTERSEPTIC TANK(s) # Tanks Installed 12K BEI 1 Inches □ YESManuf.of sidewall for..%Ft X (DioFt FtSB3T reduction / equivalent to. Soil Treatrnem Area. ft*50^1Model #1,000 -Ft*Ft* ll 4-Inspector's Comments: / O OP 3L o'r BECEII/EdSketch: 4 o '1. c> Otti As o\J2zMl^^ Code of Otter Tail County. compliant with the provisions of the Sanitationfound to, the above describe OadalLand S Resourca Manat Fai^uaMIs, MlnnMOtaWForm No. BK — 04-2014-06 354.280 • Victor Luftdcon Co., Prinloro • >’ 1185754 No delinquent taxes and transfer entered; Certificate of Real Estate Value CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 01/13/2017 8:06 AM / ) filed ( ) not required. Real Estate Value ( Cert, of r^ I u:> /o^ . Wayne Stein, County Auditor/Treasurer CO FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N o \OD by i^OOCf (^OO Deputy RECEIVED 1 9 2017WARRANTY DEED Individual to Trustee lAND&RESOURCE STATE DEED TAX DUE HEREON; $597.30 Date: J6lr\uarc^ IX. FOR VALUABLE CONSIDERATION, David Lee Fleming and Paulette A. Fleming, husband and wife, Grantors, hereby convey and warrant to Roland E. Viger and Elizabeth A. Viger, as Trustees of the Roland E. Viger and Elizabeth A. Viger Revocable Living Trust under agreement dated June 27, 2006, Grantees, real property in Otter Tail County, Minnesota, described as follows: Lot 1 Fleming Patterson Beach, Otter Tail County, Minnesota together with all hereditaments and appurtenances belonging thereto. {X} The seller certifies that the seller does not know of any wells on the described real property. { } A well disclosure certificate accompanies this document. { } lam familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. < LM ! ‘'Ak '■ . Wl'.'l'''.- -OTA U David Lee Fleming 1 A Paulette A. Fleming 1 » ASTATE OF ^flmN£SQIA-) COUNTY OF ) ) SS The foregoing instrument was acknowledged before me this 11^ day of January, 2017, by David Lee Fleming an^_Eau!ette A. Fleming, husband and wife. Grantors. f Notary PlMc ^ -ffriiiifftiA A .c. y' tSS^ TERRENCE YOUNGNOTARY PUBUC-ARIZONA | MaricopaCounty | My Coiimrisslon Expires f Mayie,2020 f Tax Statements for the real property described in this instrument should be sent to; ( ( Roland and Elizabeth Viger, Trustees 17796 Cedar Park Lp Fergus Falls, MN'56537 THIS INSTRUMENT WAS DRAFTED BY: N.F. Field Abstract Co. 127 S. Mill Street Fergus Falls, MN 56537 2