HomeMy WebLinkAbout14000330243000_Variances_09-08-2022_,fl.&-202Z V>•" ■•4 -
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Date Received lvhh r larsoh
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MH
RECORDED OH
09/13/2022 12;44 PM
RECEIVED
JUN 2S 2022
-AND & RESOUBCt
L&R Initial KAftj\
RECOR
r-.i-
FEE: 46.00
PAGES 6
vELL certificated REC^D: N
PP-ECTED CERTIFICATES
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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.ottertailcountymn.us
Application Fee ^QD •
Receipt Number 2dZ22=idl2flZZl^'
314.591.4691
Reviewed/Accepted By / Date
Martin & Kimberly FergusonPROPERTY OWNER DAYTIME PHONE
478 Blackwolf Run Drive, Wildwood, MO 63040MAILING ADDRESS
Martinferguson478@gmail.comE-MAIL ADDRESS
383 Dead lake NELAKE NUMBER _
SECTION TOWNSHIP
LAKE CLASS__
Dead Lake
LAKE NAME
135N 40WRANGE__
14000330243000
TOWNSHIP NAME
34183 Rodel Drive, Richville MNPARCEL
NUMBER
E-911
ADDRESS
LEGAL DESCRIPTION
Government Lot 3, Section 33-135-40. Tract A of registered land survey 17.
IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT
STRUCTURE BUILT: ?
INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REOUEST IS
FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S).
OTTER TAIL COUNTY ORDINANCE (Please Check)
I^Shoreland Management Ordinance
EH Sanitation Code
EH Subdivision Controls Ordinance
SECTION(S) OF ORDINANCE(S): Section 6, Subp. 4 . A« Sefc Ta^LS W oX Of20il>Jlrti
EH Renewable Energy Ordinance
EHother_____________
QAttached Subsurface Sewage Treatment System Compliance Inspection
EIno septic system on property
Inspection Date:
Page 2
Property Owner Martin Fsrguson
14000330243000Parcel Number
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. . ,
VARIANCE REQUEST:_________^ ____ ______________ _ . ....... ^ :
Request a setback of 150' to the OHWL at closest point for new construction, required setback is 200'.
Propose to remove 4 existing structuresput of which,3 are non-conforming closer than the required
setback of 200', 1. Shed, 2. Dwelling, 3. Bunkhouse and 4. Garage. (See map for locations)
i
- ' r- • • . 'V . • 'I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY ORDINANCE OF
OTTER TAIL COUNTY.
I ALSO UNDERSTAND_THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MAI lENT REGARDING THIS MATTER.
June 23,2022
;E 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)
OFFICE USE ONLY
Date Of Board of Adjustment Hearing
Motion
Time
Martin & Kimberly Ferguson -Variance Application Approved as Requested (6:50 p.m.)
After consideration and discussion, Terry Marthaler made a motion, seconded by Thomas Lee, and carried to approve the
variance request as presented for new construction being 150 feet from the ordinary high-water level with the conditions
that the 4 existing structures (shed, dwelling, bunkhouse & garage) are removed as depicted on the drawing submitted
with the variance request. This decision is based on the Findings of Fact and Decision Form, which contains the criteria
reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have
been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years
from the date of approval. The expiration date of this variance approval is September 8, 2027.
hairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Managementj)
Y Yes (Contact Land & Resource Management)
No
y R Official/Date
Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR
CL 01122019-001 082021
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTER TAIloesaTTBiaasiOva
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537
218-998-8095
FAX: 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Applicant:Martin & Kimberly Ferguson
Address/Parcel No. 34183 Rodel Dr. /14000990668000 & 14000330243000
Requested Variance; Request a setback of 150' to the OHWL. at closest point, for new construction, required setback
is 200'. Propose to remove 4 existing structures, out of which. 3 are non-conforming closer than the required 200'.
1. Shed 2. Dwelling 3. Bunkhouse 4. Garage.
Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord.
Ordinance Section Citation: Section 6. Subp 4 A Table IV
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: We bought the 34 acres to construct a new home and because
of the shape of the property being a peninsula. The property is a unique piece of property and what to also put the
property in to a Minnesota Land Trust which will be permanently protected.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
□ No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
The land use ordinance allows property owners to develop and improve their property and they plan to put the property in to a
State Land Trust.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
f' No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
Removal of several structures to construct a single dwelling which will not be closer than the existing dwelling which will be
removed.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
□ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The topography of the land restricts the suitable area for use being considered.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
near, shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance wiil maintain the essentiai character of the iocaiity....
□ No, the issuance of the variance wiil NOT maintain the essential character of the iocaiity...
...because:
There are similar land use patterns and use of property in the vicinity of the request.
5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance invoives more than just economic considerations....
□ No, the issuance of the variance is oniy for economic considerations...
...because:
The proposed improvement is to the existing legal non-conforming structures. Proposed to put acres in a State Trust.
The Otter Taii County Board of Adjustment: APPROVES X the requested variance.DENiES
Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request.
7^ce4ae£ ^<Mo4aDATED: September 8, 2022
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting.of variances. A condition must be directiy reiated to and must bear
a rough proportionaiity to the impact created by the variance. (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
it is the Board of Adjustment's job to apply appropriate iegal standards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantiai burden.
STAFF REPORT
Martin & Kimberly FergusonAPPLICANT:
34183 Rodel Dr Richville MN 56576LOCATION:
lAKE NAME/NUMBER/CLASS: Dead Lake/56038300
APPLICATION: Request a setback of 150' to the OHWL, at closest point, for new construction, required
setback is 200'. Propose to remove 4 existing structures, out of which, 3 are non-
conforming closer than the required 200'. 1. Shed 2. Dwelling 3. Bunkhouse 4. Garage.
(See map for locations)
STAFF WHO COMPLETED REPORT: Michelle Jevne
X q14000330243000
Show search results for 14000...
Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff
recommends the following conditions be included:
Applicable Ordinances/Statutes
Shoreland Management Ordinance
Section 6, Subp.4.(A).
Placement of Structures and Sewage Treatment Systems on Lots
Structures and accessory structures must be located to meet all setbacks, and comply with the following'
OHWL setback provisions:
Table IV Setbacks for Structures on a Lot
StructuresClassification
Natural Environment 200
Recreational Development 100
General Development 75
150,Transition
Agriculture, Urban arid Tributary 100
A. OHWL Setbacks. Structures must meet setbacks described in Table IV from the ordinary high
water level (OHWL), except that one water-oriented structure or facility, designed in
accordance with Section 7, Subp. 3 of this ordinance, may be set back a minimum distance of
twenty (20) feet from the OHWL. Subsurface sewage treatment systems must meet setbacks in
accordance with Table II of the Sanitation Code of Otter Tail County.
Staff Comments: Based on a review of the application and a site review. Staff offers the following
comments:
1. If approved, include a sunset date 5 years'Trbm' date of public hearing, as required in Section 3,
Subp. 11 (C) of the Shoreland Management Ordinance.
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LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern:
Martin & Kimberly Ferguson
478 Blackwolf Run Dr.
Wildwood MO 63040
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, the Subdivision Controls
Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance
of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, September 8, 2022, at 6:00 p.m.
The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the
application.
Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be
received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make
comments at the public hearing may be present at the public hearing or participate virtually.
A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing.
Individuals with questions or requiring special accommodations should contact the Land & Resource Management
Office, 218-998-8095, prior to the hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 14000990668000 & 14000330243000
GL 3 & Tract A of Registered Land Survey 17
Section 33, Township 135, Range 40
Township Name - Dead Lake
Dead Lake (56-383), Natural Environment (NE)
34183 Rodel Dr., Richville MN 56576
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Request a setback of 150’ to the OHWL, at closest point, for new construction, required setback is
200'. Propose to remove 4 existing structures, out of which, 3 are non-conforming closer than the
required 200’. 1. Shed 2. Dwelling 3. Bunkhouse 4. Garage.
Amy Busko
Board of Adjustment Secretary
August 25, 2022
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
to.
Qq30 rr^
/-Untrtied Map Legend
** Penninsula 150 and 200 boundary1^ i/ €"
Write a descrfption for your map.
Untitled Map Legend A/e<-» Ca«u
Peninsula layout 002Write a description for your map
otter Tail County
o^^AiL Land & Resource Management
Impervious Surface Worksheet Existing
Page 1
14.000.33.0243.000/14.000.99.0668.000Property Address 34183 Roclel DrivG, Richville, MN PIN
Square Footage of Lot
Acres X 43,560
Property Area (from GIS or Survey)34.08 A1 1484255Acres
Total Area Allowed for Impervious Surface
A1 X 25
Total Area Allowed for Buildings
A1 X 20371063.75 A3A2 296851
List ALL existing other impervious surfacesList ALL existing structure footprint areas
Totai impervious Surface
Area Description AreaDescription
2300 48840 4780 fPB1Driveway/Parking area(s)Dwelling and Attached Garage Total Impervious*Buildings
48840 ft^C11200Detached Garage Patio/Sidewalk Total Impervious-Other
Total Impervious Surface
B1 +C1480 53620D1ft^Shed(s)Retaining wall(s)
Total Percent Impervious
(D1 -^A1)x 100 3.61%400 ft=ElLandscapingMiscellaneous
317443.7ft^Deck($)Recreational Camping Unit
Allowable Total Area Remaining
A2 - D1
ft^5400ft"Other
Water Oriented Accessory Structure
4780 48840 Project being requested:B1 ClTotal ImpervKJus-OtherTotal Impervious-Buildings
Accessory structures less than or equal to 120 sq ft
_ without a permit This exemption only applies to itemsI—J not located in the Shore Impact Zone, Bluff Impact
Zone, or Wetlands
Building Impervious SurfacePercentage
(B1 * A1)x too
Reviewed by L&R
□ El Greater than 15% Exemption Not Allowed
Date;Int;B2 0.32%
□ El 15% or less Exemption Allowed Small landscaping projects under 200 sq ft This
Q exemption only applies to items not located in the
Shore Impact Zone, Bluff Impact Zone, or Wetlands
Allowable Building AreaRemaining
A3 - B1
B3 292,071.00'
SHORE IMPACT ZONE
El 37 5 ft (GD Lakes)
50 ft (RD Lakes/ Agnculture, Urban,Tributary Rivers)
75 ft (Transition River)
too ft (NE Lakes)
100SI ftNatural EnvironmentLake Classification
Shore Impact Zone Area
SI X S2
S3S2 755000 ft'7550 ftAverage lot width in the Shore Impact Zone
Total Area Allowed for Impervious Surface
S3k 15
S4 ft^113250
List all structure footphnts in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone
Total Impervious Surface
AreaDescriptionAreaDescription
480 ft'ft'S5 840 ft'Patio'SidewatkBuilding(s)Buildings
360 ft'48840 ft'ft'S6DeckjS)Other
Total Impervious Surface
S5 + S6
S7 49680 ft'ft^ft'Landscaping retamging wall(s)
Total Percent Impervious
(S7 - $3) X 10048840 ft'6.58%ft'Dnveway/Parking area(s)
ft'ft'Miscellaneous
Allowable Area Remaining
S4- S7 63570 ft'
ft' ft'
840 ft'SIZ Total Impervious-Buildings S6 48840 ft'SIZ Total Impervious-Other 7/1/2021
8/15/2022Martin Ferguson
Signature DatePrinted Name
otter Tail County
Land & Resource Management
Impervious Surface Worksheet Proposed
Page 2
14.000.33.0243.000/14.000.99.0668.00)propenyAddress 34183 Ro(Jel Dfive, Richville, MN PIN
Property Area (from GIS or Survey)Square Footage of Lot
Acres X 43.56034.08 A1 feAcres1484255
Total Area Allowed for Impervious Surface
A1 X 25
Total Area Allowed for Buildings
A1 X 20
A2 371063.75 A3 296851
List ALL proposed structure footprint areas List ALL proposed other impervious surfaces
Total Impervious SurfaceDescriptionDescriptionArea Area
Total Existing Building
Impervious from Page 1
Total Existing Impervious-
Other from Page 1
4780 48840 fPC1B1
Total Proposed Building Impervious3100 3500 ft=ft^F1Dwelling and Attached Garage Dnveway/Parking area(s}
Total Proposed Impervious- Other 48840 tt=ft^ ft^G1Detached Garage Patio/SidewalK
Total Proposed Impervious Surface
FI * G1________________
52340 ft=ft^H1Retaining wall(s)Shed(s)
Total Proposed Percent Impervious
(H1 -AlIxlOO______
-4380 3.53%11MiscellaneousLandscaping
ft'ft'Recreational Camping Unit Deck(s)
Allowable Area Remaining A2 318723.76HIft'ft'Water Oriented Accessory Structure Other
48840 ft'3500FI G1Total Impervious-Buildings Total Impervious-Other
The negative numbers are the sq footage amounts that are
proposed to be removed. (-4380 sq ft total with 840 of that
in SIZ)
Percent Building Impervious
(FI i-A1)x 100 0.24%
Allowable Building Area Remaining
A3 - FI 293,351.00
SHORE IMPACT ZONE
37.5 ft (GD Lakes)
50 ft (RO Lakes Agncultral Urban.Tnbutary River) Q4 75 ft (Transition River) ^
100fl(NE Lakes)0 100 ftNatural EnvironmeiLake Classification
Shore Impact Zone Area
SI X S2 755000 ffS27550S3ftAverage lot width in the Shore Impact Zone)
Total Area Allowed for Impervious Surface
S3x 15 113250S4 ft'
List all proposed structure footprint areas List all proposed other impervious surfaces
Total Proposed Impervious Surface
Description Area Description Area
Total Existing Building
Impervious (Pg 1)
Total Existing Impeivious-
Othei (Pg 1)
840 ft'48840 ft'S5 S6
-840 fTS8ft' ft'Building(s)Palio'Stdewalk Proposed Buildings
48840 fFS9ft' ft'Deck(s)
Proposed Other
Total Impervious Surface
S8+ S9
48000 ft'ft'S10ft'Landscapii>g/Relaining wall(s)
Total SIZ Percent Impervious
(S10 * S3) X too 6.36%ft'ft'DrivewayRarking area(s)
65250ft'ft'Micellaneous
Allowable Area Remaining
S4- S10
fF
ft'ft'
48840 ft'-840 ft'S8 S9Total Impervious-Buildings Total Impervious-Other 7'1'2021
8/15/2022Martin Ferguson
Signature DatePrinted Name
VARIANCE REQUEST CHECKLIST
While considering a variance request from an official control (a County Ordinance), the Board of
Adjustment js required by Minnesota Statute 394.27, Subp. 7 to determine if a practical difficulty exists
by measuring the variance request against the following 5 criteria. All five criteria must be answered in
the affirmative for the variance to be granted.
As the applicant, you should come to the variance hearing prepared to demonstrate that your variance
request meets the following criteria:
1. Is the variance in harmony with the general purposes and intent of the officiai control? (The board
shall consider the purposes and intent of the official control).
Yes
• Removing three existing structures outside of current setback requirements.
• No shoreline impact. Preserves existing tree line and deep rooted vegetation.
• Improvement to current aesthetic view from the lake
• Allows for best compliant option for septic. 300 - 500’ from shoreline.
• Proposed walk out foundation soil needed to refill old home foundations to natural grade.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the
official control? (The board shall consider what reasonable use of the property is lost (practical
difficulties) by the strict enforcement of the official control).
The property will be used as a permanent single dwelling residence with attached garage. The
150’ setback request allows level road access apd proper drainage around the home. The best
option for minimal impact to the natural shoreline. Setback from the existing dock area
(homeowners lake view and access) will be 250+ feet. (Minimal grading required, no removal of
up to 1 acre of trees and deep rooted shoreline vegetation, removal of three non-compliant
existing buildings within 60 to 100’ from shoreline, best drainage and septic option, improves
aesthetic natural view from the water.
3. Is the need for a variance due to the circumstances unique to the property not created by the
landowner or prior landowners? (The board shall consider what circumstances are unique to the
property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain,
floodway, etc. One or more should be stated on the record. What differentiates this parcel from
others? Does this lot have a feature that does not affect all parcels similarly?)
Yes, property is a 34 acre peninsula. 200’ setbacks apply to all three sides reducing the
buildable area to 4.35 acres. Road access, a pond and the steep slope of the buildable area
further reduce building options. Necessary to have proper water drainage away from garage
and foundation. Preservation of 1.4 miles of natural shoreline with one dwelling.
4. Will the issuance of the variance maintain the essential character of the locality? (The board shall
consider and state for the record why the request does or does not maintain the character of the area.
Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or
number of structures adjacent or in area, etc.)
Yes, the proposed building area will be an improvement being farther back than the existing
structures to be demolished. The new dwelling will be barely visible from the lake, enhancing
the beautiful natural shoreline. The alternative building site would be the existing grandfathered
home 100’from the shoreline.
5. Does the need for the variance involve more than just economic considerations? (The board shall
consider if economics played a role in the request. The fact that coming into compliance with the
ordinance requirements may cost considerably more does not constitute a practical difficulty).
Yes, removing existing structures closer to the shoreline is a public benefit. It will be
considerable expense to remove existing sound structures. No impact to the existing shoreline,
preserving 1.4 miles of natural shoreline. Removing existing lake water pipe and pump from
shoreline. Remove existing septic tank and replace with a fully compliant system.
Environmentally friendly and as far from the shoreline as possible.
In addition to the five criteria required in MN Statute 394, the Otter Tail County Shoreland Management
Ordinance allows the Board of Adjustment the option to consider the following while deciding on a
variance request:
1. Whether the variance will secure for the applicant a right or rights that are enjoyed by other
owners in the same area.
There are more than 250 other dwellings on Dead Lake that are 150' or less of the shoreline. I am
proposing an improvement to the existing situation by removing 3 buildings between 60 and 100' from
the shoreline. The visible lake access side of the home will be 250+ feet from the existing portable dock.
Preserving more than 7200' of shoreline in a natural state. Protecting the lake water quality and natural
beauty.
2. Whether existing sewage treatment systems on the property need upgrading before additional
development is approved.
Yes, existing septic holding tank and lake water pipe / pump system will be removed. Replaced
with a fully compliant septic system and well. As far from the lake as possible (estimated 300 -
550’ from shoreline).
3. Whether granting the variance wiil be contrary to the pubiic interest or damaging to the rights or
other persons or to property values in the neighborhood.
Just the opposite. A benefit to the public interest to remove existing structures closer to shore.
No impact to shoreline. Improvement of the existing septic system. Preserving the undeveloped
natural shoreline enhances the value to neighbor’s property.
4. No variance will be granted simply because there are no objections or because those who do not
object outnumber those who do.
The Board of Adjustment may impose conditions in the granting of variances. A condition must be
directiy related to and must bear a rough proportionality to the impact created by the variance.
(Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain
gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal staridards to a specific fact situation.
Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial
burden
OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 25th day of August 2022 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
)
Lake AssociationTownship ClerkProperty Owner
Dead Lake Association
PO Box 127
Richville MN 56576
Cheryl Harris, Clerk
Dead Lake Township
38019 Dead Lake Rd
Richville MN 56576
Martin & Kimberly Ferguson
478 Blackwolf Run Dr.
Wildwood MO 63040
City-Clerk (if located within 2 miles of a city) NA
Otter Tail Water Management District—Email Notice if it is in the district - ottertailwatermanaaement@outlook.-eem2
UJ Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp, Dist., PO Box 431 Perham, MN 56573
Eagle Lake Imp. Dist,, Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515
Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572
lid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573
Big McDonald;
Devils (Near Perham):
EaglM^ak^
Lida La^
Little
Little l^e & Big Pine:
Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake:South Turtle Lake Imp, Dist., PO Box 168, Underwood, MN 56586
Otter Tail County COLA, 4302 13"^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, 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 Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572
Planning Commission Member 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, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: August 25, 2022
Extra 6______
BOA Members__
PC Member_____
Envelopes____H
TOTAL NOTICES TO PRINT____25
|~~| Added to Agenda Q Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Perham Focus
Amy Busko, Secretary
Otter Tail County Board of Adjustment 6
1 MinutesBy:
Amy Busko
https://ottertailmn.sharepomt.com/sites/LandResources/Sh
Martin Affidavit (56-383) 09-08-22.docx
Buffer Parcels
Citv St ZiDAddr 2Addr 1Parcel No Name 1 Name 2
Wildwood MO 63040 1571478 Blackwolf Run DrMartin & Kimberly Ferguson14000330243000
RIchville MN 56576 974936441 County Highway 3214000990625000 Donald A & Marlene A Fondrick
Richvllle MN 56576 974936441 County Highway 3214000990626000 Donald A & Marlene A Fondrick
Round Lake IL 60073 565788 Arden Ln W14000990627000 David A & Margaret M Laske
Sartell MN 56377 1684624 17th St N14000990628000 Tyral M & Amanda L Holstrom
Fort Ransom ND 58033 970114000990629000 Kyle R & Rebecca L Sorby 11974 61st St SE
Fergus Falls MN 56537 162414000990630000 Joseph & Cynthia J Murray 616 Beech Ave E
Houlton Wl 54082 2408442 Highland Vw14000990631001 Laurie A Bartlett
Woodruff SC 29388 8010237 Langley PI14000990632000 Christopher Horrell Et Al
Richville MN 56576 957434326 Rodel Dr14000990633000 Cory P Adams
Alexandria MN 56308 895214000990639000 Alfred A Sonju 3871 Brede Ln NE
0014000990640000 To The Public
Wildwood MO 63040 1571478 Blackwolf Run Dr14000990668000 Martin & Kimberly Ferguson
Fergus Falls MN 56537 3307309 Adolphus Ave W14000990669000 Bruce Fuhrman
Page 1 of 1Wednesday. August 24, 2022
Buffer Mail
Address i City, State, ZipName Address 2
Cory P Adams 34326 Rodel Dr Richville MN 56576 9574
Laurie A Bartlett 442 Highland Vw Houlton Wl 54082 2408
Christopher Horrell Et Al 237 Langley PI Woodruff SC 29388 8010
Martin & Kimberly Ferguson 478 Blackwolf Run Dr Wildwood MO 63040 1571
Donald A & Marlene A Fondrick 36441 County Highway 32 Richville MN 56576 9749
Bruce Fuhrman 309 Adolphus Ave W Fergus Falls MN 56537 3307
Tyral M & Amanda L Holstrom 624 17th St N Sartell MN 56377 1684
David A & Margaret M Laske 88 Arden Ln W Round Lake IL 60073 5657
Joseph & Cynthia J Murray 616 Beech Ave E Fergus Falls MN 56537 1624
Alfred A Sonju 3871 Brede Ln NE Alexandria MN 56308 8952
Kyle R & Rebecca L Sorby 11974 61st StSE Fort Ransom ND 58033 9701
Wednesday, August 24, 2022 Page 1 of 1
; t T-8169
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( Y ) filed ( ) not required.Certificate of Real Estate Value No. l9%l3//'7
LYNN R LARSON
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
06/30/2022 01:38 PM
■
To ^^^^tt^ T^^wnty Auditor/treasurer
FEE: 86.00
PAGES 2
WELL CERTIFICATED REC'D: N
AFFECTED CERTIFICATES
2387,2823,2824
&rt DeputyBy:.
000^0 G^SOoo
o
WARRANTY DEED
LLC to Joint Tenants
STATE DEED TAX DUE HEREON: $2953.50 eCRV#
Date:
FOR VALUABLE CONSIDERATION, The Compound, LLC, a limited liability
company, organized under the laws of the State of Minnesota, Grantors, hereby
convey and warrant to Martin R. Ferguson and Kimberly A. Ferguson, Grantees, as
Joint Tenants, real property in Otter Tail County, Minnesota, described as follows:
Government Lot 3 of Section 33, Township 135, Range 40 and Tract A of Registered
Land Survey No. 17, Otter Tail County, Minnesota
(TORRENS)
together with all hereditaments and appurtenances belonging thereto.
The seller certifies that the seller does not know of any wells on the described
real property.
A well disclosure certificate accompanies this document.
I am 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.
{ }
I
{ }
{X}
COUNTY OF OTTERTWL
state OFDEEOTAX^gf°The CompoundALC
number BY: U(KdatiBpdce A. Filhrman, President/CEM
BY:
MarlyVVelle, Secretary/Treasurer/CFM
1
otter Tail County, Minnesota T-8169 1 of 2 I
■ . k
STATE OF MINNESOTA )
) SS
COUNTY OF OTTER TAIL)
day of June,
2022, by Bruce A. Fuhrman, President/CEM and Mark Welle, Secretary/Treasurer/CFM
of The Compound, LLC, a limited liability company under the laws of the State of
Minnesota, on behalf of the limited liability company.
The foregoing instrument was acknowledged before me this
—DAcin»S^
Notary Public-Minnes(^a Notary Public
Tax Statements for the real property
described in this instrument should be
sent to;
Martin and Kimberly Ferguson
478 Blackwolf Run Dr
Wildwood, MO 63040
THIS INSTRUMENT WAS DRAFTED BY:
N.F. Field Abstract Co.
127 S. Mill Street
Fergus Falls, MN 56537
2
Dtter Tail County, Minnesota T-8169 2 of 2