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Home My WebLink About14000990644000_Variances_08-18-2014Variances 2 Barcode 128 DOC# 1148819RECEIVED AUG 1 9 20I'i LAND & RESOURCE Date Stamp 1148819 Fee:$46 00 Well Certificate [ ] Rec'd OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: September 16, 2014 2:00 PM Brian Armstrong, Recorder Returned To: LAND & RESOURCE By: LLL&R Initial 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 Accepted By / Date PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 6^' ZHlLAKE NUMBER -LAKE NAME ^ TOWNSHIP LAKE CLASS TOWNSHIP NAMESECTIONRANGE PARCEL NUMBER E-911 ADDRESS LEGAL DESCRIPTION H I I TYPE OF VARIANCE REQUESTED (Please Check) structure Setbac 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. \4p^cL.d5£S-(£>-f ^WcVvL/i 4-V;" wa-4 \A \AiAt • 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. zIHSIGNATURE 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) ■^45 V54 • vi''o^ L iinceen Co Printers • Fergus Falls Minnesota f. /S a/T)Date Of Hearing IL Time Motion Mark and Erika Sailer-Variance application approved as requested. (8:12 p.m.) After discussion and consideration, David Wass made a motion, second by Michael Harris and carried with Paul Larson voting no, to approve a variance of 5’ 6” from the required side lot line setback of 10’ for the location of a structure 4’ 6" from the side lot line. It was noted that the applicant’s acted in good faith, attempted to comply with the ordinance, have incurred a significant financial investment, the placement of the structure in its current location was not an intentional act by the property owners and no significant benefit would be gained by forcing the applicants to bring the existing structure into compliance with the 10’ setback requirement. The granting of the variance as requested is consistent with past actions of the Board. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) lOMcuMiAo.jdjU P'SihjfyvuU ^'70(07ttcui^X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 I k 200'-0" Scale 60'=1" 1000' mark =lmpervious surfaces 958'-4 5/8" Original Property Line 15'-0"Welt I Fill Gathering location x'Future basement* iJ'b\ 1 4'-6"Recently Survayed^ Property Line Stump burial location 128'-9 5/8" N>, S'CD5CD 254'-2 1/8"Q X(,1) uV 200'-0" IMPERVIOUS SURFACE CALCULATION List & identify all existing Srpropbsed onsite impervious surfaces on scale drawing. il1^1.Date:Lot Area (ft^):Signature: Other Impervious SurfaceBuildings ProposedExistingExistingProposed c_>Ft^Ft^Ft^Ft^CO VVW Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage Landing(s)Storage Shed Driveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous li/Ar s,osoH'iO TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Impervious Surface Ratio Total Lot AreaProposedExisting Ft^Ft^Ft^Ft^Total Buildings , DOTS'i ■ 7T/€>100+-i-x Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio Proposed TotalExistingTotal Buildings + Other Impervious Surface Ft^ Ft^Ft^Ft^ 3-VO100+X Impervious Surface Calculation Worksheet 03-25-2014 SCALE DRAWING FORM iTax Parcel Number(s) The 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). RECEIVED AUG 1 9 201^ LAND & RESOURCE D! Signature of Property Owner Date BK — 032014 354,120 • VictOf Lundeen Co, Pnnters • Fergus Falls. MN • 1-8 0 0-346-4870 September 11, 2014 Page # 3 Mark and Kara Kirckof- Denied (7:31 p.m.) Mark and Kara Kirckof, Lots 7 and 8 Jerry’s Breezy Beach, Rush Lake in Rush Lake Township, requested the following: My proposed garage can’t go any further east because of sewer system, so I am proposing to shift it closer to west property line. Neighbors on west side and east side are both closer than the 10’ property setback. My proposed garage will be a positive for my property and surrounding lakeshore properties. Proposed garage will be 2’ from lot line required set back is 10’. The audience was polled with Curt Grenier speaking in support of the variance as requested. After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and carried with Ward Uggerud voting no, to deny the variance as requested as the granting of the variance as requested would cause the applicants to violate Minnesota State Rule 7080 and a reasonable use of the property can be obtained with a smaller structrue. Access to the proposed structure would be over part of the existing drain field. Concern was also noted that the proposed structure is oversized for the property size. It was noted that a smaller structure would meet the 10’ side lot line setback requirement’ however, access would still be an issue, Hoiberg Family LLC - Variance application approved as requested. (7:52 p.m.) Hoiberg Family LLC, Lot 7 Hoffman’s Beach, West McDonald Lake in Dora Township, requested the following: There is not space on lot for drive and parking requirement. Parking is across road on back lot. The Shoreland Management Ordinance requires a minimum of 12’ wide driveway from the nearest road right-of-way to the proposed structure unless otherwise provided by the property owners. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Paul Larson made a motion, second by Ward Uggerud and unanimously carried, to approve the variance as requested in the application dated August 20, 2014 and as depicted on the drawing submitted with the application. It was noted that the proposed development will be moving back from the water and out of the shore impact zone and that impervious surface coverage would be reduced as well. It was also noted that the parking area for this lot is across the road on a back lot. The placement of an existing storage building and the location of the road make this a unique situation. The variance as approved does not directly or indirectly grant any other variances for the proposed development or for any future development. Helen Huseby Et Al - Variance application approved as requested with conditions. (7:58 p.m.) Helen Huseby Et Al, part of Government Lots 4, 5 and 6, Section 5 of Dunn Township by Pelican Lake, requested the following: Proposing to create an 18,803 square foot parcel (back lot) subdivided from a 75.28 acre parcel. The proposed parcel will be permanently attached to the riparian lot (Parcel #17000990836000). Proposing to have the lots declared buildable for single family residential use, placing one dwelling on either the riparian lot or the non riparian lot. The applicant was represented by Glenn Howe, Scott Askerooth and Kris Shield. The audience was polled with no one speaking for or against the variance as requested. An email from Justine M. and Richard F. Kingham in opposition to development on the riparian lot was read for the record. After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and carried with Michael Harris voting no, to approve the proposed subdivision as stated in the variance application dated August 20, 2014 and as depicted on the surveyor’s sketch submitted with the variance application with the condition that the riparian lot must already be considered an existing buildable lot (grandfathered) and with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the variance as approved does not directly or indirectly grant any other variances for any future development. yMark and Erika Sailer - Variance application approved as requested. (8:12 p.m.) Mark and Erika Sailer, Lot 4 Block 1 Ormberg Addition, Marion Lake in Dead Lake Township, requested the following: West property line markers from purchase differ from survey requested after structure was built. Requesting variance of 5’ 6” from the required side lot line setback of 10’ for the location of a structure 4’ 6” from side lot line. The audience was polled with Kevin and Linda Olson expressing concerns with the variance as requested. After discussion and consideration, David Wass made a motion, second by Michael Harris and carried with Paul Larson voting no, to approve a variance of 5’ 6” from the required side lot line setback of 10’ for the location of a structure 4’ 6” from the side lot line. It was noted that the applicant’s acted in good faith, attempted to comply with the ordinance, have incurred a significant financial investment, the placement of the structure in its current location was not an intentional act by the property owners and no significant benefit would be gained by forcing the applicants to bring the existing structure into compliance with the 10’ setback requirement. The granting of the variance as requested is consistent with past actions of the Board. 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-taii.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; Mark and Erika Sailer 38925 397"’ St. Dent, MN 56528 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, September 11, 2014 at 7:30 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 Lot 4 Block 1 Ormberg Addition, Property Address - 38925 397*" St. Section 2, Township 135, Range 40 - Township Name - Dead Lake Lake No. 56-243, Lake Name - Marion, Class - GD The variance requested is - the following: West property line markers from purchase differ from survey requested after structure was built. Requesting variance of 5’ 6” from the required side lot line setback of 10’ for the location of a structure 4’ 6” from side lot line. Stein Board of Adjustment Secretary Date: August 22, 2014 SCAKSD 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 August, 2014 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mark and Erika Sailer, 38925 397*'' St, Dent, MN 56528 Cheryl Harris, Twp Clerk of Dead Lake, PO Box 54, Richville, MN 56576 Marion Lake Assoc., Jim Kushinski, PO Box 112, Richville, MN 56576-0112 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 56576 David Wass, 29133 260"' St, Underwood, MN 56586 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: August 25, 2014 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: ^ • \'^\( Vi Manderud » WAYNE & LINDA DREWES 5798 250TH ST N HAWLEY, MN 56549 9172 DAVID &LESA CAPPELEN 9800 SUNDANCE RD ROGERS, MN 55374 9778 DEAN &. RHONDA BAHLS 612 PINE CONE DR PERHAM, MN 56573 2012 JAMES & ANTOINETTE HENNINGSEN PO BOX 69 SAINT JOSEPH, MN 56374 69 RAYMOND E & DARLENE GUGGISBERG PO BOX 468 BATTLE LAKE, MN 56515 468 STEPHANIE R FORBES 15175 MARTHA ST HAMBURG, MN 55339 9458 JOHN C & WANDA K KROM 35 SOUTH WOODCREST DR N FARGO, ND 58102 2142 SYLVESTER K & BARBARA F HONER 37977 STATE HIGHWAY 108 DENT, MN 56528 9100 DONALD R & SANDRA HONER 38824 STATE HIGHWAY 108 PERHAM, MN 56573 8929 AARON J& HOLLY HNISSEN 513 24TH AVE S FARGO, ND 58103 5717 CHAD MARTINSON 2059 2ND ST LAKE PARK, MN 56554 4309 WILLIAM & LANA OGDEN LIND 9822 175TH CIRS OMAHA, NE 68136 1994 EUGENE & ROSELLA ORMBERG 2032 5TH ST SW WILLMAR, MN 56201 5204 VAL B ROSS 10810 46TH PLACE N PLYMOUTH, MN 55442 3137 KEVIN J & LINDA A OLSON 33061 MOOSE DR OTTERTAIL, MN 565719412 ROGER E & KEVETTE D THOMPSON 38731 397TH ST DENT, MN 56528 9508 CHARLES A TST SILBERNAGEL 38908 397TH ST DENT, MN 56528 9508 MARK D& ERIKA L SAILER PO BOX 271 PERHAM, MN 56573 271 VICTORIA & VAL B ROSS WILSON 10810 46TH PLN PLYMOUTH, MN 55442 3137 TERRY & ANNA TRAUTMANN 1623 9TH ST N FARGO, ND 58102 2209 Wendy L. Metcalf, Recorder (Year) Wayne Stein, County Auditor Relumed To: ALLAMERICAN TITLE COMPANY . 650 3RD AVE SE SUITE 5 PERHAM.MN 56573 I 9rl7l €giOby By: LLDeputyI WARRANTY DEED Individual(s) to Jojnt Tenants Form No. 5-M (Top 3 Inches Reserved for Recording Ctata) Minnesota Uniform Conveyancing Blanks(6/17/97) n Total consideration is less than $500.00DEED TAX DUE: $ 82.50 Date: ______ FOR VALUABLE CONSIDERATION, 05/06/13 Margot A. JeHebero. a single person , Grantor, hereby conveys and warrants to Mark D. Sailer and Erika L. Sailer ; Grantees, County, Minnesota, described as follows:Otter Tallasjoint tenants, real property in Lot 4, Block 1, Ormberg Addition, Otter Tail County, Minnesota together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check box if applicable: (3 The Seller certifies that the Seller does not know ofany wells on the described real property. [~| A well disclosure certificate accompanies this document. n 1 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. % got A. Affix Deed Tax Stamp Here ^ ssSTATE OF MINNESOTA COUNTY OF OTTER TAIL This instrument was acknowledged before me on May 6. 2013 by Margot A. Jelleberg. a single person, grantor - >(Dale) NOTARIAL STAMP OR SnAl.(OR OTHER Tri'LE OR RANK) NOTARY PUBLIC - MINNEMW I^ MY COMMISSION ^RES I IAN1IARY.31.2015 ..J lOTARY PUBLIC OROTHER OFFICIAL -IGN, .y Check here if all or part ofithe land is ,Regisiered (Torrens) Q Tax slnlements for Ihc real properly described in this instrument should be sent to (include name and address of Grantee): THIS INSTRUMEN T WAS DRAFfED BY (NAME &ADDRESS);