HomeMy WebLinkAbout18000110077007_Variances_04-12-2018Variances
Barcode 128
, •
Date Stamp
1205026
Sm RECEWiO
MAS 2; 20(8
LAND&RESOUBCP
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
04/17/2018 01:38 PM
FEE: 46.00
PAGES 4
WELL CERTIFICATE RECD: N
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CO
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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 \/2U/U
Application Fee
Receipt Number _____________
Accepted By / Date ^|7_l|i^ AP
__DAYTIME PHONE 'lOI S' ^ ^
yP-Cs ^0-^ \________
___________________________LAKE CLASS
COMPLETE THIS APPLICATION IN INK
^roy , 0
■A\oci 4
I O fV 0\PROPERTY OWNER
oMAILING ADDRESS
LAKE NAMELAKE NUMBER
Bnr^ie. I rtk -ey
3>-^^o3 (j^O.
U RANGE 0^^ TOWNSHIP NAMESECTIONTOWNSHIP
PARCEL
NUMBER
E-911
ADDRESS("^oaouoon-n oon
LEGAL DESCRIPTION
^ *o Ot-w j^vac^o.-o'ao rv n<>s\
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I'l-io' S
TYPE OF VARIANCE REQUESTED (Please Check)
structure Size Sewage SystemStructure Setback Subdivision Cluster WECS Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
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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.
l-ll Ilf
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)
• ^
V- /^- > f-TimeDate Of Hearing
Motion
Larry and Diana Ohman - Variance application approved as modified with a condition. (8:37 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Rod Boyer and unanimously carried, to approve the
requested bluff impact zone variance for constructing a new dwelling in the exact footprint occupied by the previous dwelling prior to
the fire that destroy the previous home with the condition that no more than 25% of the total eligible lot area can be covered with
impervious surfaces. The variance as approved does not allow for any construction or excavation outside of the original footprint.
The variance as approved does not directly or indirectly grant any other variances for proposed 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
LR Official/Date
bk 08232017-001
364,738 • Victor Lur>deen Co., Printers • Fergus Falls, MN • 1-000-346-4870'Ml
1-M-WARRANTV DEED
to Individual (s)
MinDesQtB Unifonn Conyeyanclng.Blanks (1978^qSW*I.Q PU«l.,»M.MG CD,,.N_CW ULM. MINN.i
807823
No delinquent taxes and transfer entered; Certiflcate
of Real Estate Value ^ ) filed ( ) not required
Certificate of RealJEstate Value No.ba.Ioiiice
Cc;!;:Vv 31 Oilii' i iin
and duly Microlilm.:.! r;u rz ./)QQiy Q|?3
II
\
County Auditor I4.by
Deputy
STATE DEED TAX DUE HEREON: $i
, 19 2^Date;
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Linda Waller and Willard Waller, her
husband____________________________________________ ________________________, Grantor (s),
(marital status)
Robert B. Ritter and Laurel Ritterhereby convey (s) and warrant (s) to___________________________________
_______as trustees of the Ritter Family Trust of 1988 , Grantee (s).
Otter Tail County, Minnesota, described as follows:real property in
see legal description on reverse side
!
(^.)i U (if more space is needad, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
4--*J C
Th\s f-S C\ut'kJ IK* €>^T^r r^nneyfi-r /=,-,f ot^eia
\XOOUMIYOPOTTERTAILarofEOFWI^TA
Affix Deed I'iix Stamp ' DATE,^ ■—
Linda Waller
A"
Willard.WallerSTATE OF MINNESOTA
COUNTY OF ss.
__The foregoing instrument was acknowledged before me this day of -/ C VuT
Linda Waller and Willard Waller, wife and husband
,19.2;^,
by
, Grantor (s).
SlGNAl^Bf^P PERSON TAXING ACKNOWLEDGMENT
bbI property described f nd address of Grantee):
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR R ANK
jjjjjjjjjllffifr......................................
JJin 5 2M0 1
...............................MU.................................
Tftx SUtem«ini for the re be sent to (Include n&me e tn thlf Inetrument ihould
Robert and Laurel Ritter
2336 Stone Valley Road
Alamo, CA 94507
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS);
MITCHELL LAW OFFICE LTD.
A 14 First Ave SE P.O. 300
Elbow Lake, MN 56531
:
L TRACY KMnoaa |i0iMvnwjo.aM 1:i
:!
*r - ■
That part of Gov. Lot 4, Section 11, Township }31, Range 40, Otter Tail County, Minnesota,
described as follows: Conunmci^ at the most southerly comer of Lot 10, "Bengston Beach",
on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence South 27 deg. 27'00' West (assumed bearing) along the Northwesterly ri^t
• of way of a dedicated road in said "Bengston Beach" a distance of 79.50 feet; thence South 30
deg. IS'OO' West along^d right of way line a distance of 303.42 feet to the point of beginning;
thence continuing South 30 deg. IS'OO' West along said right of way liiie a distance of 69.50 feet
to a found iron monument on the South line of said Gov. Lot 4; thence South 89 deg. 36'31'
West along said South line a distance of 211.45 feet to the Northeasterly line of a parcel of land
described in Book 496, page 241, of Deeds in the Otter Tail County Recorder’s office, (as
monumented), said point to be hereinafter referred to as Point A; thence North 44 deg. 42'16*
West along said Northeasterly line a distance of 156 feet more or less to the shoreline of Eagle
Lake; thence Northeasterly along said shoreline a distance of 170 feet more or less to its
intersection with a line that bears North 55 deg. 4754* West from the point of beginning; thence
South 55 deg. 47'54* East a distance of 289 feet more or l^s to the point of beginning, except
that part thereof described as follows; Commencing at the afore described Point A; thence North
44 deg. 42' 16* West along the NEly line of a parcel of land describe in 496, page 241 of Deeds
in the Otter Tail County Recorder's office (as monumented) a distance of 20.88 feefto the point
of beginning; thence North 42 deg. 26'00* East a distance of 20.02 feet; thence North 44 deg.
42'16* West a distance of 130 feet more or less to the shoreline of Eagle Lake; thence SWly
along said shoreline a distance of 20 feet more or less to its intersection with a line that bears
North 44 deg. 42'16* West from the point of beginning; thence South 44 deg. 42'16* East a
distance of 131 feet more or less to the point of beginning, together with that part of Gov. Lot
4, Section 11, Township 131, Range 40, and that part of Gov. Lot 1 Section 14, Township 131,
Range 40, Otter Tail County, Mirmesota, described as follows: Beginning at the afore described
Point A, thence South 44 deg. 42'16* East along the Northeasterly line of a parcel of land
described in Book 496, page 241 of Deeds in the Otter Tail County Recorder’s office (as
monumented) a distance of 4.12 feet to the most Easterly comer of said parcel; thence South 45
deg. 17'44* West along the Southeasterly line of said parcel a distance of 100.00 feet to the most
Southerly comer of said parcel; thence North 44 deg. 42'16* West along the Southwesterly line
of said parcel a distance of 20.00 feet; thence North 42 deg. 26'00* East a distance of 100.13 feet
to a point on'the Northeasterly line of said parcel distant 20.88 feet Northwesterly from the point
of beginning; thence South 44 deg. 42'16* East along said Northeasterly line a distance of 20.88
feet to the point of beginning, together with a 16.5 foot easement for ingress and egress purposes
the centerline of said easement is described as follovn; Commencing at the afore described Point
A, thence North 44 deg. 42'16* West a distance of 77.28 feet; thence North 45 deg. 17'44* East
a distance of 20.00 feet to the point of beginning of said centerline; thence south 45 deg. 17'44*
West a distance of 390 feet more or less to the centerline of a township road and said centerline
there terminating.
\ ’
J V.iJ
i
Vincent and Traci Esades - Denied. (8:08 p.ni.) - Continued
After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and unanimously canied, to deny the
variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the
granting of the variance as requested noting that the applicants have the ability to meet the required 10’ setback from the required
side lot line setback of 10’ and still obtain a reasonable use of their property.
Janet Seim and Jaince Adair - Tabled. (8:13 p.ni.)
Janet Seim and Janice Adair, Lot 3 South Point West Battle Lake First Addition, West Battle Lake in Girard Township requested
the following; Applicant’s existing garage is 5’ from neighboring lot line. Applicant request approval to construct new garage in
same location. Lot line setback is 10’. Applicant seeking 5’ setback variance for new garage construction. The applicants were
represented at the public by John Zentner. The audience was polled with no one speaking for or against the variance as requested.
An email from Greg and Paula Boerboom in support of the variance as requested was read for the record. After discussion and
consideration, Thomas Lee made a motion, second by Darren Newville and unanimously carried with the verbal permission of the
applicants’ representative, to table this public hearing until the May 10, 2018 Board of Adjustment meeting for additional
information regarding the location of the pipe between the septic tank and the drain field.
Terry Greenvvaldt - Variance application approved as requested with a condition. (8:31 p.m.)
Terry Greenwaldt, part of the Southwest Quarter of the Northeast Quarter, part of Government Lot 3, part of Government Lot 4
and part of the Southeast Quarter, Section 20 of Leaf Lake Township by West l.eaf Lake, requested the following: Proposing to
split 1.49-acre tract (lakeside) off a 169.65-acre tract. The 1.49-acre tract is separated by 308"’ street. The 1.49-acre tract will
have about 265’ of water fi-ontage and 64,950 square feet of area. Also, proposing to have lot declared buildable for single family
residential use. fhe audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Thomas Lee made a motion, second by Steve Schierer and carried with Darren Newville abstaining, to approve the
variance as requested in the variance application dated March 21, 2018 and as depicted on the drawing submitted with the
variance application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance, fhe
variance as approved docs not directly or indirectly grant any other variances for proposed or future development.
Larry and Diana Oilman - Variance application approved as modified with a condition. (8:37 p.m.)
Larry and Diana Ohman, part of Government Lot 4, Section 11 of Eagle Lake fownship by Eagle Lake, requested the following:
Home burnt down. 1 would like to rebuild. It is a nonconforming structure in a bluff We would like to increase size 24” on
North and South cantilever on floor trusses to 59’ by 30’ from old 59’ by 26’ using same basement walls and footings. Septic will
be upgraded. Entire structure in the bluff The audience was polled with no one speaking for or against the variance as requested.
After discussion and consideration, Steve Schierer made a motion, second by Rod Boyer and unanimously carried, to approve the
requested bluff impact zone variance for constructing a new dwelling in the exact footprint occupied by the previous dwelling
prior to the fire that destroy the previous home with the condition that no more than 25% of the total eligible lot area can be
covered with impervious surfaces. The variance as approved does not allow for any construction or excavation outside of the
original footprint. The variance as approved does not directly or indirectly grant any other variances for proposed or future
development.
Joan and John Mracck - Variance application approved as requested. (8:45 p.m.)
Joan and John Mracek, Lot 12 Sanda’s Beach First Addition, Hast Battle Lake in Girard Township, requested the following:
A) -Requesting a 3’ variance from the required 10’ lot line setback, a 47’ variance from the required 100’ ordinary high-water
level setback and a 4’ 7” variance from the cuiTent string line to replace the existing roof on a bath/laundry room. The
current roof has a low pitch (’1:10) and has rotted due to lack of proper venting. We want to replace this low pitch roof
with a gabled roof to allow for better runoff and venting.
B) -Requesting a 3’-6” variance from the required 10’ lot line setback, a 45’ variance from the required 100’ ordinary high-
water level setback and a 2’-6” variance from the current string line to remodel an existing bedroom. The existing room
has limited headroom due to roof design and has no footings. We are proposing a screen porch with a gabled roof
similar to the proposed bath/laundry roof in (A) above. The screen porch would create a more open feel to the space
between cabins and improve the overall aesthetic of the cabin when viewed from the lake.
Page I 3 04/12/2018
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.us
Applicant and/or applicant’s representativemust be present at the scheduled hearing.
To Whom It May Concern;
Larry and Diana Ohman
4100 Sun Circle
Grand Forks, ND 58201
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, April 12, 2018 at 7:30 p.m.
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus-^alls, 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 tp the date of the public hearing.
The property concerned in the application is legally described as
Part of Government Lot 4,
Property Address- 38803 Eagle Lake Road S- 56515
Section 11, Township 131, Range.40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is the following:
: Home burnt down. I would like to rebuild. It is a nonconforming structure in a bluff. We^would like to increase size 24”
, on North and South cantilever on floor trusses to 59’ by 30’ from old 59’ by 26’ using same basement walls and footings.
Septic will be upgraded. Entire structure in the bluff.
Wayne Stein
Board of Adjustment Secretary
March 22, 2018
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 26th, day of March, 2018 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Larry S & Diana R Ohman, 4100 Sun Cir, Grand Forks,ND 58201-2901
Darlane Miller, Twp Clerk of Eagle Lake, 12294 State Hwy 78, Battle Lake,MN 56515
Eagle Lake Assoc., Kelly Hepper, 38079 s Eagle Lake RD, 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 1^^ 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
Rod Boyer, 51127 E Wymer LK RD, Frazee, MN 56544
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: March 26th, 2018
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
ijt ~^rn. Cj t
Vi Manderud
By:
GERALD N COLEMAN REV LIV 1ST
19897 COLINTY ROAD 1 E
ELBOW LAKE, MN 56531-9164
SANDRA L ALVSTAD
■ , .5020 HIGHLAND ST N
TACOMA, WA 98407-3118
THOMAS & JEAN ATHENS
1920 KEMPTON CT
FERGUS FALLS. MN 56537-3977
ii-
JON & TRUDY D DETERMAN
905 5TH AVE N
WHEATON, MN 56296-1225
■ JASON R & TARA L DECKER
639 17TH AVE E
. WEST FARGO, ND 58078-4358
JERALD & SANDRA L CRAWFORD
. 405 FIELDSTONE LN
HAMPSHIRE, IL 60140-9608
JED KAROLD EVAVOLD
39200 130TH ST
BATTLE LAKE, MN 56515-9576
RICHARD A & TWYLA M HILSCHER
771 14 1/2 AVE E
WEST FARGO, ND 580784009
OBED & BERDELL ELLINGSON
336 MCLAREN LN
’ BISHOP, CA 93514-2115
WILLIS G & DORIS D NILL
14123 EAGLE LAKE RDE
BATTLE.LAKE, MN 56515-9558
JARED & SKY NITSCHKE
7545 57TH ST SE
JUD,ND 58454-9718
GREGORY D & JENNIFER M MAUE
14061 EAGLE LAKE RD E
■ BATTLE LAKE, MN 56515-
WILIAM L & DEBORAH J ROUFS
14099 EAGLE LAKE RDE
BATTLE LAKE, MN 56515-9558
DAVID & CAROL PLACE
336 MCLAREN LN
BISHOP, CA 93514-2115
, LARRY S & DIANA R OHMAN
4100 SUN CIR
‘ GRAND FORKS, ND 58201-2901
i
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Tax Parcel Number(s)
The scale drawing must be a signed drawing which inciudes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfieids, lotlines, road right-of-ways, easements, OHWLs, weiis, wetlands and topographic features (i.e. bluffs). Must also complete the
Impervious Surface Caiculation (see back)..1.
T
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Signature of Property pwnerr
i DateII4 ■I
BK —042016 36o;eoo-J Lundcen Co4. Pnmers-*-Fergus Falls. MN.y-Vjclc^-X800-346-4870-.1-l.II I I_x I•+™v ~r~T
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IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scale drawing.
Lot Area (ft^): SF
Other Impervious SurfaceBuildings
ProposedProposed ExistingExisting
Ft^Ft^Ft^Ft^
au -..Ha. y
\£)‘ V 30 " 3o
3Q‘ niQ Deck(s)Dwelling
sPatio(s)Attached Garage ■< j Sidewalk(s)Detached Garage lO
\QX \d CXl^Q^k) a Landing(s)Storage Shed
Driveway(s)goWOAS
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)
Miscellaneous
IX c3TOTAL BUILDINGS TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^ Ft^Ft^Total Buildings Ft
‘5ns,%iZO oOSl2,7.9i 100+-r X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Total Lot Area Impervious
Surface
Ratio
Proposed
Ft^Ft^ Ft^Ft^
/4gz 100+-H X
Impervious Surface Calculation Worksheet 04-11-2016
DateSignature:3
MC NO. 5
TH LINE 5
^l-Xoin