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Home My WebLink About14000990360000_Variances_10-16-2018Variances 2 Barcode 128 5 1213278Date Stamp 1.0 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/16/2018 10:05 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE RECD: N HtCEiVED SEP I o 2018 DD lO(SO r: :o AtL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOmRTIIIl Application Fee ^6 firUtUReceipt Number Accepted by /fe'Date Property Owner Arlene NeuName Address 609 9th Ave W City Alexandria State MN Zip 56308 Daytime Phone 651-261-0885 Email arja2007@hotmail.com Parcel Information Lake Class GDLake No 56-243 Lake Name Marion Parcel Number(s)1400099036100014000990360000 Parcel Number(s) Township Name Legal Description Dead Lake Section 01 Lots 14 & 15 of First Addition to Klein & Adams Point Physical Address 39088 Marion Dr. S., Richville, MN 56576 TYPE OF VARIANCE REQUESTED (Please Check) □□ □ [Z]Structure Setback Structure Size SubdivisionSewage System □ □□Cluster MiscellaneousWECS 1 SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Proposing to Construct a 20'x22' Addition to Dwelling being 48' from OWHL. Required Setback is 75', requesting a 27' Variance from the OHWL. Proposing to construct a 20'x28' Detached Garage. The detached garage meets the building line setback which was verified by Land & Resource Management. Need to request a Variance for the detached garage being 5' from the Lotline at the closest point and 15' from the road right of way at the closest point. Required setback from lotline is 10' and required setback from road right of way is 20'. PtiM I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/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. ___________ ' SIGNATURE OF PROPERTY OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the DateAime Hearing) TimeDate of Hearing /O- /f. iS^ Motion Arlene Neu - Approve the variance for the addition and denied the variances for the proposed garage with a condition. (6:48 p.m.) After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously carried, to approve a variance of 27’ from the required ordinary high water level setback of 75’ for the placement of a 20’ by 22’ addition to the existing dwelling 48’ from the ordinary high-water level and to deny the road right-of- way and side lot line variances as requested for the proposed 20’ by 28’ garage with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The proposed 20’ by 22’ addition to the existing dwelling will be no closer to the ordinary high-water level than the existing structure. The applicant has adequate room to place a garage that will provide reasonable use without the granting of the requested variances. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. V Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management No Note: If Yes, contact Land & Resource Management InllJlk L&R Official/Daie ' ^muj fxcJCoCopy of Application mailed to Applicant, County Assessor and MN DNR 2 1200638 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 12/19/2017 9:23 AM No Delinquent taxes and transfer entered: Certificate of Real Estate Icoo Value ( ) file^) not required Certificate of F^al Estate Value h” No. _______ .lorT't^g<-,yycCSCgii^Countv Auditor by, _______ Deputy Parcel# >f^3l^000 Warranty Deed Individual(s) to Individual STATE DEED TAX DUE HEREON; $1.65 FEE: 46.00 PAGES 3 WELL CERTIFICATE REC'D: N I hereby certify that the taxes for the yearl^ t *7 for the lands described are paid. COUMIY of ottertail state OF MINNE8VA 0AT<y . FOR VALUABLE CONSIDERATION, Michael E. Smith and Barbara J. Smith, husband and wife; Annette M. Trudeau, a single individual, Grantors, hereby convey and warrant to Annette M. Trudeau, real property in Otter Tail County, Minnesota, described as follows: Date:2017 That part of Lot 34, FAIR OAKS, said plat is on file and of record in the office of the Recorder, Otter Tail County, Minnesota, described as follows: Commencing at the most southerly corner of Lot 33, said FAIR OAKS; thence North 59 degrees 25 minutes 51 seconds East (bearing is based on Otter Tail County Coordinates - 2011 Adjustment) along the southerly line of said Lot 33, a distance of 78.42 feet to the most southerly corner of said Lot 34; thence North 67 degrees 03 minutes 45 seconds East along the southerly line of said Lot 34, a distance of 37.99 feet to the point of beginning of the land to be described; thence continuing North 67 degrees 03 minutes 45 seconds East along said southerly line of Lot 34, a distance of 37.99 feet to the most southerly corner of Lot 35, said FAIR OAKS; thence North 13 degrees 28 minutes 40 seconds West along the westerly line of said Lot 35, a distance of 100 feet more or less, to the shoreline of West Battle Lake; thence southwesterly, along said shoreline to the intersection with a line which bears North 13 degrees 33 minutes 14 seconds West from the point of beginning: thence South 13 degrees 33 minutes 14 seconds East a distance of 104 feet more or less, to the point of beginning. Containing 3,823 square feet more or less. Subject to easements and reservations of record, if any. The above described tract is to be permanently attached to Lot 35, Fair Oaks, Otter Tail County, Minnesota. Together with all hereditaments and appurtenances belonging thereto,’ subject to the following exceptions: NONE ( Annette M. Trudeau STATE OF__ COUNTY OF /^dayThe foregoing instrument was acknowledged before me this of 2017 by Annette M. Trudeau, a single individual, Grantor. Notarial Stamp or Seal (or other title or rank) sign^tto^e^Of p'erSon taking ACKNOWLEDGMENTERIN C. NEUMANN 3 NOTARY PUBLIC f MINNESOTA My Commiajon Eiiplref Jan. J1,2020 F..( La- ,N Total consideration is $500 or less. Michael E. Smith Barbara J. Smith y The foregoing instrument was acknowledged before me this /day of . 2017 by Michael E. Smith and Barbara J. Smith, husband and wife, Grantors. STATE OF _ COUNTY OF Notarial Stamp or Seal (or other title or rank) siGnatOr^fI^erson taking ACKNOWLEDGMENTERIN c. NEUMANN NOTARY PUBLIC MINNESOTA MyCatnmlMloiiEiipBei J»n. 31,2020 THIS INSTRUMENT WAS DRAFTED BY:Tax statements on the property described in this instrument should be sent to: West Central Abstracting Co., Inc. 202 W. Junius Ave. Fergus Falls, MN 56537 Annette M. Trudeau 41763 Ukkelberg Drive Clitherall, MN 56524 Arlene Neii - Approve the variance for the addition and denied the variances for the proposed garage with a condition. (6:48 p.m.) Arlene Neu, Lots 14 and 15 First Addition to Klein and Adams Point, Dead Lake in Dead Lake Township, requested the following; Proposing to construct a 20’ by 22’ addition to dwelling being 48’ from ordinary high-water level. Required setback is 75’, requesting a 27’ variance from ordinary high-water level. Proposing to construct a 20’ by 28’ detached garage. The detached garage meets the building line setback which was verified by Land and Resource Management. Need to request a variance for the detached garage being 5’ from the lot line at the closest point and 15’ from the road right-of-way at the closest point. Required setback from lot line is 10’ and required setback from road right-of-way is 20’. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Thomas Lee made a motion, seconded by Darren Newville and unanimously carried, to approve a variance of 27’ from the required ordinary high water level setback of 75’ for the placement of a 20’ by 22’ addition to the existing dwelling 48’ from the ordinary high-water level and to deny the road right-of-way and side lot line variances as requested for the proposed 20’ by 28’ garage with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The proposed 20’ by 22’ addition to the existing dwelling will be no closer to the ordinary high-water level than the existing structure. The applicant has adequate room to place a garage that will provide reasonable use without the granting of the requested variances. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Corrine M. Nokken - Variance application approved as requested. (6:58 p.m.) Corrine M. Nokken, part of Government Lot 4, Section 16 of Candor Township by Leek/Trowbridge Lake, requested the following: On May 10, 2018 the Board of Adjustment approved our request to remove the existing cabin and replace with a 40’ by 44’ cabin with a 10’ by 40’ deck and a 24’ by 30’ attached garage being 75’ from the ordinary high-water level. Upon further review of our plans and site the proposed deck will be 65’ from the ordinary high-water level instead of 75’ from ordinaiy high- water level. Requesting a 35’ variance from the ordinary high-water level. Required setback is 100’. Please note that the cabin will be 75’ from the ordinary high-water level as previously approved on May 10, 2018. Corey Peterson, Contractor, appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance application as presented. An email from Allen Sather in support of the variance application was noted for the record. After discussion and consideration, Darren Newville made a motion, seconded by Kenneth Vorderbmggen and unanimously carried, to approve a variance of 35’ from the required ordinary high-water level setback of 100’ for the placement of the development as proposed in the variance application dated September 17, 2018 and as depicted on the drawing submitted with the variance application 65’ from the ordinary high-water level. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. It was noted that the proposed development is significantly further back than the existing structure. Northwood Specialty Company - Variance application approved as requested with a condition. (7:02 p.m.) Northwood Specialty Company, part of Government Lot 4 and part of Southeast Quarter of the Southwest Quarter, Section 22 of Parkers Prairie Township by Adley Lake, requested the following: The parcel contains 8.58 acres and the intention is to retain 6.23 acres and sell 2.35 acres (which is less than the required 5-acre size when the property is within 1,000 feet of shoreland). The buyer owns adjacent land to the 2.35-acres, but it is abstract, and the 8.58-aces is Torrens, so they cannot be combined into one parcel as initially intended. The audience was polled with no one speaking for or against the variance application as presented. Rick Gappa represented the applicant at the public hearing. After discussion and consideration, Thomas Lee made a motion, seconded by Rick Wilson and unanimously carried, to approve the proposed subdivision as described in the variance application dated September 13, 2018 and as depicted on the drawing submitted with the application with the condition that a registered survey must be presented at the time of conveyance. It was noted that the parcel being retained by the applicant will be over 5 acres and the 2.35-acre tract will be joined to an adjacent parcel owned by the purchasers of the 2.35-acre tract. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Robert and Jeanne Schultz - Variance application approved as requested. (7:08 p.m.) Robert and Jeanne Schultz, part of Government Lot 3, Section 1 of Edna Township by Devils Lake, requested a variance to move existing cabin and deck away from the lake 10’ to prevent future footing and foundation damage. Replacing current footings and foundation due to damage from winter ice expansion. The approximate setback from lake will be 28’ Currently we are in front of the neighbors and this will bring us more in line with them. Request for future 2"‘* story loft addition, not to exceed 35’ in height. The audience was polled with no one .speaking for or against the variance application as presented. After discussion and consideration, Darren Newville made a motion, seconded by Kenneth Vorderbmggen and unanimously carried, to approve the variance as requested in the variance application dated September 20, 2018 and as depicted on the drawing submitted with the variance application. It was noted that the applicants are moving away from the ordinary high-water level. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Page I 2 of 3 October 11, 2018 SCALE DRAWING FORM I'^ooh ff dno H COD I oooThe scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands and topographic features (i.e. bluffs). Must also complete the Impervious Surface Calculation (see back). Scale iI :1 I fIr + ! L • Mty A >! / 5 0 -----T 3^ V a s: \ V \ \ . ■ r ■i ■ !i 1rI-I T“ Signature of Property Owner Date BK —042016 360^00 * Victor Lundeen Co.. Printers * Fergus Falls. MN • 1-800-346-4870 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. - il.anbLot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft W4DDwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s)53Storage Shed Landing(s) WOAS m.Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous • /oooTOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface; Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^fPTotal Buildings Ft /4 “/oII, m ^looo 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^Ft^ n ‘/oSW.i,'//, avylOoO 100+X Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date Notice of Hearing for Variance otter Tail County Government Services Center 510Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER Tflll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Arlene Neu 609 9"^ Ave W Alexandria, MN 56308 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, October 11,2018 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 Lots 14 and 15 - First Addition to Klein and Adams Point, Property Address - 39088 Marion Drive S- 56576 Section 1, Township 135, Range 40 - Township Name - Dead Lake Lake No. 56-243, Lake Name - Marion, Class - GD The variance requested is the following: Proposing to construct a 20’ by 22’ addition to dwelling being 48’ from ordinary high-water level. Required setback is 75’, requesting a 27’ variance from ordinary high-water level. Proposing to construct a 20’ by 28’ detached garage. The detached garage meets the building line setback which was verified by Land and Resource Management. Need to request a variance for the detached garage being 5’ from the lot line at the closest point and 15’ from the road right-of-way at the closest point. Required setback from lot line is 10’ and required setback from road right-of-way is 20’. - September 20, 2018 Ti^i^ne Stein Board of Adjustment Secretary 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 September, 2018 the attached Motice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Arlene Neu, 609 Ave W, Alexandria, MN 56308-2203 Cheryl Harris, Twp Clerk of Dead Lake, PO Box 54, Richville, MN 56576 Marion Lake Assoc., Jim Kushinski, PO Box 112, Richville, MN 56576 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: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 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 Douglas Larson, 2118 Woodland LN, Fergus Falls,MN 56537 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: September 21, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud JOAN L ANDERSON 14218 HAROLD LOOP EAGLE RIVER, AK 99577-9247 WALTER & LIZETTA BEATTY TSTS 2508 MULLIGAN LN BELLEVILLE, IL 62220-5004 ROBERT J & MADELLA M BOUS 3900 74TH ST E INVER GROVE HEIGHTS, MN 55076-4351 BRANDON BOUTIETTE 38809 MARION DR S RICHVILLE, MN 56576-9606 DARIN G & JODI L BULLINGER 3804 22ND ST S FARGO, ND 58104-6856 CHARLES R HEINKE ET AL 1856 PAWNEE ST LINCOLN, NE 68502-4645 GRANT R & MARY ANN COLLING 510 LAKESIDE DR E FERGUS FALLS, MN 56537-1410 JOHN LCOX 2108ZUPPKEDRS URBANA, IL 61801-6706 SUSAN A & KAREN JOHNSON DALE 3900 74TH ST E INVER GROVE HEIGHTS, MN 55076-4351 JAMES J & SUSAN M DERANEY 1375 LONG LAKE DR DETROIT LAKES, MN 56501-7191 DAVID & REBECCS ELBERT TST 3786 DOROTHEA CT S FARGO, ND 58104-8502 CHRISTINE A GILL PO BOX 1713 SIOUX CITY, lA 51102-1713 EARL S GORDON 47 9TH ST N CUSTER, SD 57730-1627 HAEDTKE TST ET AL 1750 I58TH AVENW ANDOVER, MN 55304-2796 JEFFREY & NANCY BELL TST ET AL 6475 DELANEY AVE INVER GROVE HEIGHTS, MN 55076-1729 JOHN L COX ET AL 2108 ZUPPKE DRS URBANA, IL 61801-6706 . KOTSCHEVARTST 4433 NEWCASTLE LN NW ROCHESTER, MN 55901-8784 ROBERT C LOERZEL 4457 151STLN NE HAM LAKE, MN 55304-6502 MDCC LLC 770 DAKOTA FLATS DR DAKOTA CITY, NE 68731-3093 RAYMOND & MARCIA MOODY 39179 MARION DRS RICHVILLE, MN 56576-9607 MARY BETH MUCHOW 2111 HARRISON ST W CHANDLER, AZ 85224-6955 JEFFREY P NELSON ET AL 16204 FISHING WAY ROSEMOUNT, MN 55068-1408 ARLENENEU 609 9TH AVE W ALEXANDRIA, MN 56308-2203 WILLIAM J & DEANNA C PANNING 631 KIM AVE HAMBURG, MN 55339-9451 LORRAINE PEINE PO BOX 23 VERMILLION, MN 55085-23 DAVID R ROSS 12449 FLANDERS CT NE UNIT A BLAINE, MN 55449-5198 VAL J ROSS 10810 46TH PLN PLYMOUTH, MN 55442-3137 CATHERINE SLATE 6445 JOYER LN HUGO, MN 55038-9746 DIANA SNELGROVE 55308 360TH ST NEW YORK MILLS, MN 56567-8925 WILLIAM J & AUDREY STEARNS 1215 6THSTSW WADENA, MN 56482-2067 - » *' ' PAUL F & JEAN M WEINZIERL 23131 GRANDVIEW LOOP LONG PRAIRIE, MN 56347-5298