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Home My WebLink About30000070039001_Variances_05-10-2018Variances Barcode 128 5-10 201^ Date Stamp 1206263 CARO'^ SCHMALTZ RECORMRrREGlWRAR OF TITLES FERGUS FALLS, MN recorded on 05/17/2018 11:32 AM :s RECEIVED APR 1 ; 2018 lANOSRESOOftC! COCDLO -CD O CO 'CO rr Ui .L&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 # m -Application Fee COMPLETE THIS APPLICATION IN INK Receipt Number 5?Accepted By / Date DAYTIME PHONEPROPERTY OWNER LAKE CLASS /Vf MAILING ADDRESS -5 e> y LAKE NAME 5 l^t/t ^3 '? LAKE NUMBER 56 7 RANGE 3 9 TOWNSHIP NAME Cr^^'/Z !>,SECTION TOWNSHIP E-911 ADDRESS PARCEL NUMBER OOCD CC^‘^ OC~> \ LEGAL DESCRIPTION « «• TYPE OF VARIANCE REQUESTED (Please Check) Subdivision Cluster WECS Misc.Structure Size Sewage SystemStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Tu ^,'c \^o'fLr. Ti-' rhoci. /'Jt‘o O'-P uj T<^ o /2- S <Z> ZJZZ P i->c^2-/XZf y~L, Uf^ ^ S>-2op Viic^AJ AJ L 3y/JAi^5 o ou 7 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. '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) >S f fr^^ /a-TimeDate Of Hearing Motion Randy Bade - Denied. (8:15 p.ni.) After discussion and consideration, Darren Newville made a motion, seconded by Steve Schierer and carried with Rick Wilson voting no, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested. The applicant has a standard sized lot and should be able to meet the required setbacks. Chairman/Otte^Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR p§232017-001 May 10, 2018 i^5?a 364,738 • Victor Lundeen Co., Printers • Fergus Falls, MN • 1 -BOO-346-4870 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # was filed/recorded in this office for record on the S day of iQ______1999 at IC>'3S Wendy L. Metcalf, County Reocutler by: I o~Xg<g^ CS^Bty^ cjfc well certificate flt^ WARRANTY DEED Joint Tenants to Joint Tenants No Delinquent taxes and transfer entered; Certificate of Real Estate Valuef^Filed ( ) Not Required. Certificate of Real Estate Value No.062020, 1999. County Auffltor A..O chBY Deputy .?0~000-0'>-^>0^-0 01 STATE DEED TAX DUE: Dated: N $ (reserved for recording data), 1999 FOR VALUABLE CONSIDERATION, Dennis P. Kusick and Lonny Kusick, husband and wife, Grantors, hereby grant, convey, and warrant to Randy W. Bade and Dianne A. Bade, husband and wife, real property in Otter Tail County, Minnesota, as joint tenants and not as tenants in common, described as follows: Part of Government Lot Seven (7), Section Seven (7), Township One Hundred Thirty- seven (137) North, Range Thirty-nine (39) West, Otter Tail County, Minnesota, described as follows: From the Northwest corner of Sec. 7, Twp. 137 North, Range 39 West, 1,355.35 feet south to a point on the West line of Sec. 7, thence 89 degrees 36 minutes left to a point 311.90 feet east, thence 74 degrees 25 minutes right to a point 693.00 feet southeast, said point being the point of beginning, thence 90 degrees 00 minutes left, northeasterly along line “A” 603.63 feet to a point on the west shore of Silver Lake, thence right south along the shore to a point on the shore on a line “B” which is 125.00 feet from and parallel to line “A”, thence right along said line “B” to a point southwesterly 491.15 feet, thence 90 degrees 00 minutes right 125.00 feet northwesterly to the point of beginning. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: NONE. A Well Disclosure Certificate has been filed with this document. k Affix Deed Stamp Here: Date: Dennis P. Kusick, Grantor -------- t~ ^Lonny Kusic^ Grantor STATE OF MINNESOTA ) )ss. COUNTY OF otter TAIL ) . The f^egoing instrument weis acknowledged before me this u/UL^i 1999, by, husband and wife, known to me as Grantors. day of 2uNotary Public mwmmmmmimwm#TIMOTHY J. PEDERSONTax statements for the real property described in this instrument should be sent to: InOTARY public • MINNESOTA My Comm. Bp. 4«i. 31,2000 uuinJiritirfiv***'*'**********^ Randy & Diarme Bade , 124 a y- Apt.~# 6' Pjerham, MN 56573 This instrument was drafted by: NATHAN J. LINDSLEY Attorney at Law 800 W Main Perham, MN 56573 (218) 346-4600 Att. Id. 254460 Robert Hyslop - Variance application approved as requested. (7:45 p.ni.) Robert Hyslop, part of Government Lot 3, Section 19 of Dane Prairie Township by Swan Lake, requested a 20’ variance from the 50’ shore impact zone setback and a 70’ variance from the 100’ structure setback for the placement of a 1,705 square foot dwelling 30’ from lake edge. Existing (previous) home was 16’ from lake. Was removed Fall of 2017. The applicant was represented at the public hearing by Wayne Enquist, Treasurer - Swan Lake Club, Mark Jacobs, Contractor and Scott Demartelaere, Architect. 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 Danen Newville and unanimously carried, to approve a variance of20’ from the required shore impact zone setback of 50’ and a variance of 70’ from the required ordinary high-water level setback of 100’ for the placement of 1,705 square foot house 30’ from the ordinai-y high-water level. The hardship/practical difficulty is the limited available space on the property for the placement of a new dwelling and the installation of a new septic system. It was noted that the proposed structure is slightly smaller than the previous home, which was removed in the Fall of 2017. The proposed development is like other development within this immediate area and the proposed location is perhaps the best location. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Smith Lake Property Partnership - Variance application approved as requested with a condition. (7:58 p.in.) Smith Lake Property Partnership, part of Government Lot 2, Section I of Everts Township by Otter fail l.ake, requested a variance to add a second level to existing garage. Structure will be considered a dwelling as change in height is above 20’ and setback of current building will not change. Setback to remain at 4’ at closest point from lot line. No change to impervious surface. Previous variance approved for a garage at 4’ from lot line. Sam Storo, 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. After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve the variance as requested for the addition of a second level to the existing structure with the condition that if the proposed second level cannot be added to the existing structure than the rebuilt structure must be placed at least 5’ from the side lot line and at least 20’ from the road right-of-way. In other words, if the existing structure is demolished and if the proposed development will be constructed from the ground up then the conditions stated above apply. Hardship/practical difficulty is the location of the existing structure. The variance as approved docs not directly or indirectly grant any other variances for propo.sed or fiiture development. Randy Bade - Denied. (8:15 p.ni.) Randy Bade, part of Government Lot 7, Section 7 of Gorman Township by Silver Lake, requested a variance to place a new house 130’ from ordinary high-water level. Want to move new house closer to lake, so that we can get out of waterway from water from neighbors and road and would also like to put up a shop down in low area, so I don’t have'to dig into hillside by road and keep things more together. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Danen Newville made a motion, seconded by Steve Schierer and carried with Rick Wilson voting no, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested. The applicant has a standard sized lot and should be able to meet the required setbacks. Julie Veulex Et A1 - Variance application approved as requested with conditions. (8:22 p.m.) Julie Veulex Et AL, part of Lot 16 Blue Heron Beach by Otter Tail Lake in Otter Tail Township, requested the following: 1.) Raise the existing detached garage 48” and place it on a new concrete foundation in the same location. CutTent height at peak of roof would increase from 16’ to 20’, 2.) The detached garage is currently 5’ from the septic system. The garage would remain 5’ away from the septic, 3.) Change the access point of the owners’ lot fi'om Blue Heron Lane to Blue Heron Loop. We would remove a portion of the pavement and replace it with a reduced amount of pavement to create the new driveway. The existing impervious would be reduced by 60.5 square feet. 4.) The location of the new driveway would be placed 5‘ from the west lot line (5’ into the setback) in order to avoid disrupting the septic systems that is next to the garage. The audience was polled with Dave Kantrud and Bemie Steeves expressing concerns with potential run off issues. After discussion and consideration, Thomas Lee made a motion, seconded by Rick Wilson and carried, with Darren Newville voting no, to approve Items 1, 3 and 4 as stated in the variance application dated April 12, 2018 with the following conditions: 1.) there must be an erosion control plan, 2.) there must be a storm water plan, 3.) the township must grant their permission as it relates to the propo.sed access change and 4.) the septic system must be brought into compliance. The variances as approved do not directly or indirectly grant any other variances for proposed or future development. May 10, 2018Page I 3 SCALE DRAWING FORMI Tax 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).I ) :Scale .1. I I■iI \!I K •'I i. 4-I\ Xi. - ■f-II j I"t' • \ ...ti \1"■Tt \ I ?*£>it TI m .□.1 . u°I kcXf-Si. 'V. M UJti1!.."41 3k 3:i J=t .^0 d 5 Is ’ •'£1- i—:4.i ■i 0 I WittWftUtT0 i(i t,,[: ,if- I |it 'i ), \-!.U ..i..t-f- r i.1;11 !‘i ! I-I..I- t t ri1"'i'I s■'T' !II ii[ij.♦‘T,._i—i..■r1-..1.-..i..i.4-1'■ .I..I i.t1..i'N .1 i '“■t- i i.i’lf:,.l..„i.i■i .r\■4 .1. i-1.t-4r^i it ■j Signature of Property Owner Date 360.800 • Vicia Lundean Co, Prinms ■ Fwgus falls, MN • I-8OO-346-JB70BK —042016 IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings Existing Proposed Existingr-i2 Proposed Ft^Ft^Ft^Ft ^6 To At To Si. Deck(s)Dwelling m2 Patio(s)Attached Garage Sidewalk(s)Detached Garage Storage Shed Landing(s)VOgo . WOAS Driveway(s)/nfiO RCU Parking Area(s) Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous 1/^0TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^fP Ft^Total Buildings 3^ 7ilG 3 7f100* 0^ 1+-i-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing TotalProposed Lot Area Impervious Surface Ratio Ft^Ft^Ft^ Ft^ 2pm=L ^0 76 100+-r X Impervious Surface Calculation Worksheet 04-11-2016 Signature:Date ✓ 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-tail.mn.usOTTER Toileoeatr-aiaiiieT* Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Randy Bade 50764 397"^ Ave Frazee, MN 56544 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, May 10, 2018 at 7:30 p.m. in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public eritrance 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 7, Property Address - 50764 397"’Ave - 56544 Section 7, Township 137, Range 39 - Township Name - Gorman Lake No. 56-224, Lake Name - Silver, Class - NE The variance requested is the following; Requesting new house to be 130’ from ordinary high-water level. Want to move new house closer to lake, so that we can get out of waterway from water from neighbors and road and would also like to put up a shop down in low area so I don’t have to dig into hillside by road and keep things more together. April 20, 2018 Wayne 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 23rd,'day of April, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Terry M Jellison, Twp Clerk of Gorman, PO Box’183, Perham,MN 56573 Randy Bade, 50764 397‘” Ave, Frazee, MN 56544 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 palls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 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 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: April 23rd, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment i f 1. flA &J^~QBy: Vi Manderud RANDY'W & DIANNE A BADE 50764 397TH AVE FRAZEE, MN 56544-9426 BADE FAMILY REV LIVING TST 50774 397TH AVE FRAZEE, MN 56544-9426 APRIL BENTLEY 50776 397TH AVE FRAZEE, MN 56544-9426 ERIN LOUISE JEPSON 44095 COUNTY ROAD 151 FRAZEE, MN 56544-8544 BRIAN C KUSICK 610 MAIN ST E DODGE CENTER, MN 55927-9109 JOHN T & MADONNA M MAYER 1125 23RD AVES MOORHEAD, MN 56560-4533 DONALD & NORMA SMITH 39996 505TH ST FRAZEE, MN 56544-9432 AUGUST G & BETTY TSTS ZIEGLER 40327 490TH ST PERHAM, MN 56573-8108