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29000210150002_Variances_07-13-2017
Variances 2 Barcode 128 1193624 Date Stamp (-MKCii. av.ni>iAL i c OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 07/20/2017 9:12 AMRECBl/ED JUN 2 2 2017 (-AND&RES00RCE OJ .C^LO ;COOO FEE: 46.00 PAGES 4odS ■.VELL CERTIFICATE REC D: N 03 3L&R Initial 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 Receipt Number Accepted By / Date U? • DAYTIME PHONE 3c).? - HL ? 0C>1 'mr\'COMPLETE THIS APPLICATION IN BLACK INK PROPERTY OWNER f\fr,LU MAILING ADDRESS LAKE NUMBER - ^1> 0 o Or., 0Or.. 0 Oh /99c>l-/F0^^ IL Ml 'C.M ,^\fpro r doLAKE CLASSLAKE NAME rci3521mTOWNSHIP NAMERANGESECTIONTOWNSHIP E-911 ADDRESS PARCEL NUMBER 1-/ ISih PrJ2 9ooo:)Io/Q] ryj. 0 LEGAL DESCRIPTION PT C,L 3 CoA^-Li Acrrc,vy//^ CoOi 5rd TYPE OF VARIANCE REQUESTED (Please Check) Misc. YWECSClusterSubdivisionStructure Size Sewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Coo I o~r HeH dU $L^ f \J r I c, IT} c'3/ iO 4^1 lo 3 £? ^ ■ dc. o ^^/e O'^er ^ r\r\ u rr\y CL.rr.-.s'fl h 3D.4')4 Ih -f ol // hI rv] \/iiiu^> I p<rf ui iC'C ~Pke’r. (3i ec ~hrr D roo q Ij o jO 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. U -^c>! 3 SIGNATURE 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) L:irn»t=n Cc Ffniers • Fergus Falls Minnesota 9.S fi/n3 SO/Q TimeDate Of Hearing i Motion Noble and Catherine Gilbertson - Variance application approved as requested with a condition. (8:25 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve the variance as requested in the application dated June 22, 2017 with the condition that no more than 30% of the total eligible lot area can be covered with impervious surfaces. It was noted that most of the proposed project is maintenance. It was also noted that the variance as approved is consistent with past actions of the board. The variance as approved does not directly or indirectly grant any other variances for the proposed development or future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 • STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this jr^^day of July, 2006, by JAMES A. ESPELAND and JULIE C. ESPELAND, husband and wife. Grantors. ) ss. gfe. LUTHER P. NE'rVI6~*1 NOTARY PUBLIC - MINNESOTA | cl? ' MY COMMISSION EXPIRES | JANUARY 31.2010 | (Notarial Stamp) j- Signatureof Person Taking^AgJWfowledgment I Tax Statements for the real property described in this instrument should be sent to; TfflS INSTRUMENT DRAFTED BY: LUTHER P. NERVIG KENNEDY & NERVIG, LLP 503 Jefferson Street SouthP. |o. Box 647 Wadena, MN 56482-0647 Mr. and Mrs. Noble O. Gilbertson 216 Hickory Dale Drive Dover DE 19901 Kimbeiiea Baarstad - Variance application approved as requested. (8:20 p.ni.) Kimberlea Baarstad, part of Government Lot 1, Section 32 of Gorman fownship by Devils Lake, requested the following: Pump station building intended solely for lake outlet project creates a condition which; 1. Exceeds maximum total allowable impei-vious surface area within shore impact zone (Proposed total will be 1930 square feet in size.) 2. Exceeds number of structures allowable within the shore impact zone. 3. Does not meet public road setback (20’ minimum) (5’ fioin Road Right-of-Way). 4. Does not meet minimum 75’ structure setback - (15’ from ordinary high water level). Jeff Langan, Houston Engineering, Inc. and Steve Hartman, agent for owner appeared 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, Richard Gabe made a motion, seconded by Dari'en Newville and unanimously carried, to approve the variance as requested in the application dated June 13, 2017 and as depicted and described in the drawings and other supporting materials submitted with the variance application. It was noted that this site has been determined as the best site for the Lake Improvement District’s drainage project, which when completed will benefit and improve all of the properties on this lake. Noble and Catherine Gilbertson - Variance application approved as requested with a condition. (8:25 p.m.) Noble and Catherine Gilbertson, part of Government Lot 3, Section 21 of Girard Township by West Battle Lake, requested the following: Requesting a variance to change a section of the existing roof line of house. Cuirently we are over the maximum allowable impervious surface. Currently at 32.47%. There will be no increase to impervious surface. Proposed roof changes meet all other requirements of the Shoreland Management Ordinance. Jamie Aho, Contractor represented the applicants at the public hearing. 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 Thomas I.ee and unanimously carried, to approve the variance as requested in the application dated June 22, 2017 with the condition that no more than 30% of the total eligible lot area can be covered with impervious surfaces. It was noted that most of the proposed project is maintenance. It was also noted that the variance as approved is consistent with past actions of the board. The variance as approved does not directly or indirectly grant any other variances for the proposed development or future development. Isliaug LLC - Tabled. (8:30 p.m.) Ishaug LLC, part of Government Lot 4, Section 12 of Scambler Township by Pelican Lake, requested the following; Requesting pennission/variance to have two (2) campers on property, for total 3 dwelling. We are not requesting water or sewer hookups, as they are moveable. June 8, 2017 meeting - A letter from Venion and Alyce Smith in support of the variance as requested was read for the record. A letter addressing the variance request from Lucy Tabatt was read for the record. An email and pictures from Kevin Biffert was noted for the record. The applicant was represented at the public hearing by Lori and Diane Ishaug. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, with the applicant’s verbal permission, to table their request until the July 13, 2017 meeting of the Board of Adjustment so that the applicants can have an opportunity to discuss with Land and Resource Department the procedures and process for a cluster development. The motion was seconded by Dan en Newville and unanimously can ied. The members of the board expressed concern that the granting of the variance as requested would establish precedence that they are not interested in establishing. July 13, 2017 meeting - An email was received on Monday, July 10, 2017 requesting that the public hearing be tabled until the September 14, 2017 meeting of the Board of Adjustment. After discussion and consideration, Thomas Lee made a motion, seconded by Daixen Newville and unanimously carried, to accept the applicant’s request to have their public hearing tabled until the September 2017 meeting of the Board of Adjustment. Page I 4 of 6 July 13, 2017 1 I J I j I\\ SCALE DIftAWING FORM tJ41't:x □ !J. Tax Parcel Number(s) i-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). f ^1(2 0 r. J ScaleLT— ..j.. I I ■I't'■j'J J,i:.1:I UiI -H-■i -!L .r .....f ■4- 1 iITtT■ [4-I ■f'..j..}.1 -JI i-4-f--|-ill.I I IiI1 "p- . i■I 1-!i-'“f■ 1I■I ..i.T .1 IT..i..i....I I I f ■4 ii ..j... --f iT4T!.1.•I t..r-E I ii"T tJ„i-L .,1,..j.t I ..j...j. 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MN -»...1-800-346’4870 I ij IBK —042016 360.800-.f.-\/tctor.Lundoen:Co.-..Pfint(»sJ TjI. + i}I-xp I IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existing Proposedi-x2Ft^Ft^Ft Ft Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Driveway(s)^^10 i-' J^OO RCU Parking Area(s) /S6.Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier)a?/ Miscellaneous 3d-96)TOTAL BUILDINGS TOTAL OTHERO, rmc. Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^Ft^Total Buildings 100-H -H 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^ 7 3^^/100-p ■i-X Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date y - * Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8036/998-8041 Email - wstein@co.ottertail.mri.us Web Address - www.co.otter-tail.mn.usOTTCR Tflll«o«afr>aiflliieTi Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Aspen Building and Design LLC Jamie Aho 10878 170'^ St. Wadena, MN 56482 Noble and Catherine Gilbertson 216 Hickory Dale Drive Dover, DE 19901-1808 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, July 13, 2017 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 Part of Government Lot 3, Property Address - 42046 Grace Etta Road - 56551 Section 21, Township 133, Range 39 - Township Name - Girard Lake No. 56-238, Lake Name - West Battle, Class - GD The variance requested is the following: Requesting a variance to change a section of the existing roof line of house. Currently we are over the maximum allowable impervious surface. Currently at 32.47%. There will be no increase to impervious surface. Proposed roof changes meet all other requirements of the Shoreland Management Ordinance. Stein Board of Adjustment Secretary June 22, 2017 100:2635 •. j . COUNTY RECORDER tail MINNESOTA m^nS:J’.3£0263S_ was filed/recomed in this Office tor reck on ihe.22iia_day of ^^ 2006atimami^ —T.K '^.nu/ recording fee well certificate No delinquent taxes and transfer entered; Certificate of Real Estate Value ( «-''^lled ( ) not required. Certificate of Real Estate Value No-----0 8 X- 8 7 ^-------- (Yaai) Wayne Stein, County Auditor by k; /g WARRANTY DEED IndivIduoKs) to Joint Tenants COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX S.JESlS:^©. NUMB^ STATE DEED TAX DUE HEREON: $468.60 Date: July 20, 2006 DATE FOR VALUABLE CONSIDERATION, JAMES A. ESPELAND and JULIE C. ESPELAND, husband and wife. Grantors, hereby convey and warrant to NOBLE O. GILBERTSON tind CATHERINE A. GILBERTSON, husband and wife. Grantees; as joint tenants, real property in OTTER TAIL County, Minnesota, described as follows: An undivided one-third (1/3) interest in and to all that part of Government Lot Three (3) in Section Twenty-one (21), Township One Hundred Thirty-three (133) North, Range Thirty- nine (39) West, Otter Tail County, Minnesota, described as follows: Commencing at the quarter section comer on the west line of said Section Twenty-one (21); thence ranning on an assumed bearing of due South along said West Section line a distance of 1369.7 feet; thence South 51 degrees East 295.2 feet to the point of beginning of the within described tract; thence South 51 degrees East 100 feet; thence South 39 degrees West 267 feet, more or less, to the shoreline of Battle Lake; thence running in a general northwesterly direction along said.lake approximately 100 feet to a point located South 39 degrees West from said described point of beginning; thence North 39 degrees East 261 feet, more or less, to the point of beginning and containing .62 of an acre, more or less, together with a driveway easement over and across set forth in an easement from Warren A. Saetre and'Margaret Saetre, husband and wife, dated August 28, 1987, filed for record April 26, 1991, and recorded as Document No. 712569, over and across a parcel of land approximately 100 feet by 261 feet located in Government Lot Three (3), Section Twenty-one (21), Township One Hundred Thirty-three (133), Range Thirty-nine (39), and more specifically described in that certain Contract for Deed dated April 21, 1987, and recorded on August 21, 1987, as Document No. 666550. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions; Sellers certify no change in well status since filing of last Well G^ificate,____ V JAMES A. E TWLIE C. ESPELAND ! *4 • ’• 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 23rd, day of June, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Noble and Catherine Gilbertson, 216 Hickory Dale DR, Dorver, DE 19901-18088 Aspen Building & Design LLC, Jamie AHO, 10878 170“' ST, Wadena, MN 56482 Carol Jacobson, Twp Clerk of Girard, 24893 Palace RD, Battle Lake, MN 56515 West Battle Lake Assoc., Blaine Larson, 38323 Front ST, Battle Lake, MN 56515 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 Darren M Newville, 614 6*'' St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Richard Gabe, 24826 County Highway 20, Detroit Lakes, MN 56501 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: June 23rd, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud V• * BALMTSTS' 2190 t7TH SINE ROCHESTER, MN 55906 4314 EIKREN TST 42154 GRACE ETTA RD HENNING, MN 565519434 PAUL J & JULIE L EIDENSCHINK 255 19THAVEW DICKINSON, ND 58601 2204 NOBLE & CATHERINE GILBERTSON - 216 HICKORY DALE DR DOVER, DE 199011808 JAMES A& JULIE C ESPELAND : POBOX96 HENNING,)MN 5655196 MICHAEL W & MARLYS J GALLAGHER 1316 EVERGREEN DR NW JAMESTOWN, ND 58401 2204 ; DUANE & MARY GUBRUD TST , 41984 GRACE ETTA RD : HENNING, MN' 565519433 MARGARET A KAPPES TST 42208 GRACE ETTA RD HENNING, MN 565519434 DUANE A 8i MARY L GUBRUD 41984 GRACE ETTA RD HENNING, MN 565519433 SAUNDRA L MONAHAN FAMILY TST 16260 FAIRWAY WOODS DR APT1503 FORT MYERS, FL 33908 5341 SAUNDRA L MONAHAN FAMILY TST 16260 FAIRWAY WOODS DR APT 1503 FORT MYERS, FL 33908 5341 : KAREN M LOVE KUGLER ' 23281RUS Die ClR FERGUS FALLS, MN 56537 8160 PETERSON PRICE CAiyiPXIMBER TST ATTN ELIZABETH PETERSON . 452 WALNUT ST . BURLINGTON, Wl 53105 1137 ,.MARYVROSSOWTST , 42126 GRACE ETTA RD HENNING, MN 56551 9434 ELIZABETH PETERSON 452 WALNUT ST . BURLINGTON, Wl 53105 1137 ZARLING FAMILY TRUST 33LUNADAGLEN ALAMO, CA 94507 2615 S.STEVEN H & MONIKA E SLATTEN’ 6283 RED MAPLE LN UNO LAKES, MN 55014 1422 NICHOLAS & JENNIFER VEITH 6835 BUCKBY RD LAKE GENEVA, Wl 53147 3601