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Home My WebLink About14000010001000_Variances_09-09-2005Variances 2 Barcode 128 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 983604983604I hereby certify that this instrument #_ was fiied/recorded ^ this office for recoijd on the_i_day of J(L424—2005 at/d^O Wendl^L nfftrajl, C_<»inly^ OA .f im/bm fermr .recording^e .well cert^ate 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 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number R. Be-t-g DAYTIME PHON&Z/^ 3^ ALA.'nxPROPERTY OWNER MAILING ADDRESS, LAKE NUMBERS^ ' X LAKE NAME "VyiCkF’l 6'Kl SECTION f)! TOWNSHIP/ 5" j^i^NGE ‘-fP TOWNSHIP NAME U tX K E-911ADDRESS /\/n( JYlflhjyn?) lake CLASS / PARCEL UMBER /4 OOOO! OOO! DOf)rf LEGAL DESCRIPTION GL / JU(. thjdJ ^ JUf^ p£aJttt4j TYPE OF VARIANCE REQUESTED (Please Check) Cluster Misc.Sewage System SubdivisionStructure SizeStructure Setback SPECIFY VARIANCE REQUESTEDo'Qr'fCfAc-a. (p^ *-}-rr(c4.5 ^ ^ /f oOc(^ '4-VsO-h 4-A^c-fo C(^ ^ 6-0 -/kjL<LP 4-roc4 ^ Kc/fd<oi^(o. dy ac.kij ^Q\CnKSmoy/\)l- J I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM TH^REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. Z3t /■/ G, I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF^OPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING DATE (Applicant Will Receive Notification As To The Date/Time Of Hearing) /^/Y\TimeDate Of Hearing / Motion Garold R Bergum - Denied. (8:02 p.m.) After discussion and consideration, Joe Maske made a motion, second by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and the applicant does have the option to plat this property. C'Tiairman/bIfer Tail bounty 6oard',djustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Qlaks'Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R Official/Date bk 0903-001 315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota September 1, 2005 Page # 3 Cy and Cynara Stadsvold - Denied. (8:38 p.m.) Cy and Cynara Stadsvold, Lot 6 Walvatine Addition, Blanche Lake in Everts Township, requested the following; We are requesting a variance on the property setbacks as shown on the attached survey by David A Anderson, professional land surveyor. The original site plan that was submitted for the building permit in 2002 showed the house and garage with the correct setbacks. Unbeknown to us, our builder, Richard Hochstein, did not at any time attempt to find or verify the correct property lines when he located the house and garage on the property. We did not find out there was an issue with the setback lines until last September, when the septic permit was applied for, after the house and garage had been built. 389“’ Ave is 10’ wide, dead end, dirt road located approximately 34’ from the property line and 39’ from the garage. We are the next to the last house at the end of this dead end road. Garage built 5’ from road right-way. Part of the south side of the house is 5’ from the lot line and the west side of the house is 16.7’ to 17.T from the road right-of-way. The required road right-of-way setback is 20’ and the required side lot line setback is 10’. The audience was polled with Richard Hochstein, Contractor, explaining his involvement with the project. After discussion and consideration, Steve;Schierer made a motion, second by Cecil Femling and carried with Michael Conlon voting no, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and noting the following: 1.) the requested variance would not have been approved had the request been submit prior to project being started, and 2.) the applicants’ have adequate room on their property to obtain a reasonable use of their property without the granting of the variances as requested. After additional discussion and consideration, Randall Mann made a motion, second by Steve Schierer and unanimously carried, to direct that the non complying structures must be brought into compliance by June 1,2006. Garold R Bergum - Denied. (8:02 p.m.) Garold R Bergum, part of Government Lot 1, Section 1 of Dead Lake Township by Marion Lake, requested a variance to create three 2.5 acres parcels within the shoreland area and to have these three lots declared buildable. The minimum size required for.a metes and bounds parcels within the shoreland area is 5 acres. The audience was polled with Roger Lind and Rodney Erickson questioning why the standards should be varied. A letter from Roy Smith, Surveyor, addressing the sun/ey work previously completed by Mr. Smith was read for the record. After discussion and consideration, Joe Maske made a motion, second . by Cecil Femling and unanimously carried, to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested and the applicant does have the option to plat this property. Neil and Carmen Qualey - Denied the variance as requested and approved a modified ordinary high water level setback variance. (8:25 p.m.) Neil & Carmen Qualey, Lot 21 Shirley Beach, Ottertail Lake in Amor Township, requested the following; This request is for a 20’ by 22’ two story addition attached to the existing cabin and relates to the variance approved on November 6, 2003 for the same addition. This request further identifies the roof line connecting the old cabin with the new addition. The lakeside roof line of the existing cabin will continue at the same slope until meeting the second story of the 20’ by 22’ addition per the attached drawing. The 7/12 pitch will remain the same elevating to the new addition to a peak of 27’ which will be 29’ back from the current sidewall on the lakeside. The roof on the lakeside will be guttered with drainage being directed away from the lake. We also request approval, if deemed necessary by our contractor, to replace the concrete footing on the existing cabin. No other changes are requested from previous approval on November 6, 2003. Kurt Maethner appeared along with 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, Cecil Femling made a motion, second by Steve Schierer and unanimously carried to deny the variance as requested as no adequate hardship unique to the property had been shown that would allow for the granting of the variance as requested. Some members of the Board noted that they would not have approved the previously granted variance had they known that the foundation for the existing structure might need to be replaced. r.'^0 ^^^2 4 2005 MEADOWLAND SURVEYING, INC. DBA: ROY A. SMITH & ASSOCIATES County Surveyor for Becker County 1118 Hwy 59 South Detroit Lakes, Minnesota 56501 218-847-4289 218-846-1945 fax LAimD 8i KtoO^nCE August 23, 2005 Bill Kalar Land and Resource Management 540 W. Fir Avenue Fergus Falls, MN 56537 Dear Bill, Enclosed is copy of Certificate of Survey T5797-15 for a survey that 1 had done for Gary Bergum in June of 2000. 1 am also enclosing a copy of my report letter to Gary at the conclusion of that survey. I have highlighted in yellow in my letter to him an erroneous statement. For some unknown reason 1 had scaled the 1000’ shoreland boundary improperly. I created several tracts of land inside the lOOO’line that were 5.00 acres or larger. 1 also created five 2.50 acre tracts that 1 thought were beyond the shoreland boundary. These 2.50 acre tracts are shown as Tracts A, B, G, H, and I. Gary has recently sold Tract G and was correctly informed by your office that the tract was indeed within 1000.00 feet of the lake. Scott Walz has discussed the situation and possible options with Gary. The total land area for Tracts E, F, G, H, and 1 is 18.07 acres. This would be large enough to have created 2 tracts of 5 acres and 3 tracts of 2.50 or larger by changing the tract boundaries. The southerly line of G would have been moved northerly to get beyond the 1000’ boundary line. This option is no longer viable as Gary has sold and closed for Tract C. The purchaser of the tract is proposing to start building a residence this fall. The terrain is such from Tract G that no surface drainage would get to Marion Lake. I’m not certain if Tract H is in the shoreland district or not without doing some field work to accurately locate Marion Lake. All the tracts in this project meet all the other requirements for a tract. In view of the pending building construction we are requesting a variance from platting for Tract C. The subdivision lines of the created tracts in this area appear to be non-controversial. I would appreciate a call after you have a chance to review this. I shall await your comments. Si Roy yV'Smith RAS/Zcc Enclosure ROY A. SMITH & ASSOCIATES, INC. LAND SURVEYING AND CONSULTING ENGINEERING County Surveyor for Becker County 522 West Main Street Detroit Lakes, Minnesota 56501 218-847-4289 218-846-1945 fax ^0 I// \/ / June 1,2000 Gary Bergum RR 3 Box 76 Perham, MN 56573 * Dear Gary: Enclosed in the folder are ten blue line copies of Certificate of Survey T5797-15 for the survey of nine metes and bounds Tracts located in Government Lot 1 of Section 1- 135-40 in Otter Tail County, Minnesota. Also enclosed in the folder is a legal description for each of the tracts, a copy of the plat of MARION LAKE LODGE that you had furnished to me, a copy of the deed for a tract northerly of the cul-de-sac, and a statement for professional services.I I offer the following comments regarding this survey: We have surveyed and monumented nine tracts as shown on the survey drawing. We have found or set survey markers as shown by the small open or solid circles. A wood lath with orange flagging has been set by each of the property comers. I would suggest that you set a steel fence post by each of these markers at the location of the lath to better aid you in finding the markers in the future. The 2.50 acre parcels are located beyond 1000 feet of the lake. 7^/s 13 Tracts C, D, E and F are five acres or larger. Tract E is subject to a septic system easement that we had recently surveyed and described. When the first tract sells, a copy of the survey should accompany the deed for the tract to the Recorder's Office. There is an "Owner" statement at the lower right hand comer of the survey. This must be signed by you stating that the tracts have adequate fi-ontage on a public road and adequate area for two septic systems. Neither of these, of course, is a problem. I believe one drawing would be adequate for the Recorder for the whole project but you may want to review this with the Recorder's Office. co/r e cf If you have any questions regarding any aspect of this survey please feel fi^ee to contact my office. Thank you Gary for the opportunity to provide our services. I sincerely wish for you to have a successful project. Roy A[ Smith RAS/linn /COO^ jiu-P/o' 4'djub UOJ^ ijms- rw.sM CE-RTIFICA]TE OF SURVEY IN SECTION -155-40 OTTER TAIL COUMY, MINNESOTA 4 of Normwesi corner or "Gov't Lot /(mahion LODGE ~~ S 85^31'25"£ P(P - 86.7p')2616.3')1307. 87'(SOUTH VIEW P - 26l5.7rf'] 2615.74')______ Northeast cornerNorth line of( P :122/. 15 ')Section I-I3S-40Section 1-135-401221. IS'rNorth Quarter corner Section 1-135-40 (cast iron monument) t ■M-4 of inplace roaFT 85°3/'25"£( P --1103.32')27 <o I \road1103.34' -i f \^2 6.53 I ISoutherly line of a Dedicated Road 326.54'•JjI rt")\05 per SOUTH VIEW IA _ f 'VV.^iTRACT!LU IT r<X)2.50 Acres dG)b - ^ I . I 5OLUC\J<ys L'J CO cu TRACT G<\J Cjcn IO0fOTRACT H OJO*cr>Iro<,rGiOtrc\j 002,50 AcresorO1O2.50 Acres roO L>:fO OtofO CO ILO TRACT A 0^2 ^___ <U:§§ ^ ::: (n u O 03Ui 00 W^teriy ^-'^edicaied Roadtine of a 2.50 AcresSURVEYOR:as per SOUTH VIEW — 66Roy A. Smith and Associates 522 West Main Street Detroit Lakes, MN 56501 I\I 66.1 6'I cn K> 00 <T> \IN^\ ^ i —ro 'TN. roCD I'TN .C\J — -JCT»TRACT B 00 \CM /i r-a /2.50 Acres 5 West line of Z COGo'/7 Lot I o(T>N CDA-O ^ Uj 0 o o X. - o h-Ct D1 s k. o w., qj o ^I O 0) v> UjQ O N . \ if // v^Ao-' *s //SN \C ^f ^ NAJ AO -• \.r s M \> \i I I I I / East line of/v \Gov't Lot i 1i /1/o \ < 1 ! CT i5 ■! iI / hereby certify t-iat the subdivided property described in this survey meets the County Iirequirements for oublic road access I )frecLFFn! syRiems,Q'Tlj SR'a.'kJQ \ OWNER i 5 >U4 Denotes iron monurner' :s found. $ set markedo = Denotes iron monurne with Minnesota Registfuia Orientation of beating sy Sc j/e : / inch - 100 fe n...x\Ox: I ' ixyNo. 12004. ,n is assumed. bf !-Qi; Oi LlCTi- 1s - . / , I orviji'-. cjj.d 'dn:T.\T'lI V, M- c-1 ■; O.I uAUG 242005 1■ f .ff/ LAND & RESOURCE. -■-* 1 / 7 Oo iLgraphic IWii A.\Not2'y'i ,y O'scaleI Oil0 II1 T 5797-15 a f, n j. f II i ! T 3797-/5