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HomeMy WebLinkAbout18000110077901_Variances_07-13-2017Variances 2 Barcode 128 on] 15120P 1193622 Date Stamp uhkuL suHrini-11. OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 07/20/2017 9:06 AMRECEll/ED JUN 2 1 201? <-AND«RES00RCE ! :CD OvJco cn FEE: 46.00 PAGES 6COWELL CERTIFICATE REC'D; CO SCAJIUED 4^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 Application Fee Receipt Number ~7 ^_____ bhl j, 7 COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date Lo QVtHorN C'. f g/\ Poctcc r^>0 f r\ Q l Y* ~ O phone~70/ ~ZI 'i- 5''^7DAYTIMEPROPERTY OWNER M(oq <; t r\ o» MAILING ADDRESS Vs, r-v LAKE CLASSLAKE NUMBER LAKE NAME II MOTOWNSHir _ \ 31 TOWNSHIP NAMERANGESECTION E-911 ADDRESS PARCEL NUMBER R \:^c)Oo\\oQ-7nqo\ K'a.si Si-V ^or sVNU't IQ> •Sv’yLV j_J^ ^ )AN} \0 ^ickSvjLV To B<o IsO' 1o \»AoT3 ^>^\c u<.< RO f LEGAL DESCRIPTION 5o -A' TYPE OF VARIANCE REQUESTED (Please Check) structure Setback ^ Structure Size Sewage System Cluster WECS Misc.Subdivision SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. IM ”Vo ^vJ\\A ' 5> a6vo\^<it Af. "ia', 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 DatefTime Of Hearing) T4? 194 • Victor Lunoeen Co Printers • Fergus Falls. Minnesota Date Of Hearing Time Motion Larry and Diana Ohman - Denied. (7:52 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee to approve a variance of 10’ from the required road right-of-way setback of 20’ and to deny the variances as requested from the bluff with the condition that water from the proposed structure must be direct away from the bluff This motion to approve failed with Richard Gabe, Paul Larson and Darren Newville voting no. Those members voting against the motion indicated that there is no suitable building area for anything more than a small camper and the property should be use as it was in the past. Those members voting in favor of the motion felt that the 10’ variance from the road right-of-way might provide the applicants with an opportunity to have a reasonable use of their property. Chairman/Otter Tail County Board of^djustment 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 bk 072011-001 .... 4C. ' 1191509 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 06/05/2017 1:41 PMco^ No delinquent taxes and transfer entered; Certificate of Reai Estate Value _ ( X ) ( ) not required. Qo Cert, of Real Estate Value No. CTuw ^ FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N o CO ..0^5 .a°i7 1./ « (Year)Wayne Stein, County Auditor/Treasurer doby iXcocrormoi Deputy Trustee’s Deed Trustees to Joint Tenants COOHTY OF OTTERTAIL STATE OF MmNESOTA OBBDTAX»NUMBER V rWJSJ3 DATE State Deed Tax Due Hereon: $264.00 5-/a^Date;, 2017 '5-n FOR VALUABLE CONSIDERATION, Robert B. Ritter and Laurel Ritter, Trustees of the Ritter Family Trust of 1988, dated June 13, 1988, Grantors, hereby convey and warrant to Larry S. Ohman and Diana R. Ohman, husband and wife. Grantees as Joint Tenants; real property in Otter Tail County, Minnesota, described as follows; SEE ATTACHED EHXIBIT “A" Together with all hereditaments and appurtenances belonging thereto. Seller certifies that: (X) Seller does not know of any wells on the above described property ( ) A well disclosure accompanies this document ( ) The status and number of wells on the above described property has not changed since the last well disclosure filed ■ w- J.Robert s. Ritter, Trustee ■ ’^^s/Uujfc . Laurel Ritter, Thystee ’ STATE OF CALIFORNl ) )SS COUNTY OF ) This doa^frient was acknowledged before me oi Robert/ET Ritter and Laurj dateefjune 13,1988, _____201J^itter. Trustees of tbd" Ritter Family TrusL0fi988, ntors. (NotarialStamp^afSeal) Notary Pu^ /\c-[cno U Property Tax Statements should be serit to: Larry and Diana Ohman 4100 Sun Circle Grand Forks, ND 58201 This document was drafted by: Century 21 Vista 405 W. Lincoln Ave. Fergus Falls, MN 56537 ' “■ m WELLS FARGO AILpurpose Acknowledgment California only A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . County of (here insert^am^ ^nd t|^ of the officer),^IZO before me, I l{ •On A 1 personally appeared who proved to me on the basjs of satisfactory evidence to be the ^ whose namef^is/^^ubscribedJLo the within instrument and,ackqpwledged to me tha^e/sheAhe^xecuted th^ame in his/ f/thejpauthorized capacitwes))and matby his/heri(fh^signature{§) on the instrument the persori^^r the entity upon behalf of w/hlch the personC^ acted, executed the instrument. person S he o o I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o Signature Description of Attached Document Type or Titie of Document 0.I ~7-Document Date Number of Pages Signer(s) Other Than Named Above SoniMr buUtd Sort* ikoutd fOB ttib fdm ftsut* tD Dipodt OptrvttmMmwISi FOO1-000DSG5350CA-010S6S3S0CAllHbK1f1$) EXIBIT “A” AH that part of Government Lot 4, Section 11, Township 131, Range 40, Otter Tail County, Minnesota, described as follows: Commencing at the most southerly corner of Lot 10, BENGSTON BEACH, according to the recorded plat thereof; thence South 27 degrees 37 minutes 08 seconds West (bearing is based on Otter Tail County Coordinates, 2011 adjustment) along the northwesterly line of a dedicated public road as dedicated in said BENGSTON BEACH, a distance of 79.70 feet; thence South 30 degrees 33 minutes 56 seconds West along said northwesterly line, a distance of 152.44 feet to the point of beginning of the land to be described; thence continuing South 30 degrees 33 minutes 56 seconds West along said northwesterly line, a distance of 150.77 feet: thence North 55 degrees 23 minutes 29 seconds West a distance of 269 feet more or less to the shoreline of Eagle Lake; thence northeasterly atong said shoreline to the intersection with a line which bears North 53 degrees 08 minutes 04 seconds West from the point of beginning: thence South 53 degrees 08 minutes 04 seconds East a distance of 231 feet more or less to the point of beginning. Containing 37,205 square feet more or less. Tamara Uselmaii Et. Al. - Approved/Deiiied with a condition. (7:30 p.ni.) Continued After discussion and consideration, Thomas Lee made a motion, seconded by Richard Gabe and caiTied with Paul Larson voting no, to approve a variance of 6’ from the required ordinary high water level setback of 100’ for the addition/replacement of a deck 94’ from the ordinary high water level; to deny the 5’variance as requested from the existing holding tank; to approve a variance of 33’ from the required ordinary high water level setback of 100’ for the addition of a pergola 67’ from the ordinary high water level; to approve a variance of 9’ from the required lot line setback of 10’ for the placement of a 6’ overhang over a patio door located 1 ’ from the lot line; to approve the proposed conversion of the bait store approved under CUP 5326 to a non-dwelling; and to deny the proposed construction of an 8’ by 12’ screen house/storage shed on an existing cement pad, which is located on the northwest comer of the property with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The approved variance will allow the property owners to make improvements to their property. The variances as approved do not directly or indirectly grant any other variances for the proposed development or future development. Michael and Susan Keraus - Variance application approved as requested. (7:50 p.m.) Michael and Susan Keraus, Lot 1 Stuart Lake Addition and Lot 2 Stuart Lake Park, Stuart Lake in Girard Township, requested the following: Requesting to be setback from the ordinary high water level 62’ and setback from the road right-of-way 13’ for detached garage 20’ by 26’. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Thomas Lee made a motion, seconded by Claris McConn and unanimously carried, to approve a variance of 38’ from the required ordinary high water level setback of 100’ and a variance of 7’ fi'om the required road right-of- way setback of 20’ for the placement of a 20’ by 26’ detached garage 62’ from the ordinary high water level and 13’ from the road right-of-way. The hardship /practical difficulty is the unique and shallow shape of the applicants’ lot. The variances as approved do not directly or indirectly grant any other variances for the proposed development or future development. ^ Larry and Diana Oilman - Denied. (7:52 p.m.) ilaiTy and Diana Ohman, part of Government Lot 4, Section 11 of Eagle Lake Township by Eagle Lake, requested the following: Requesting to build a new dwelling 16.5’ from the top of the bluff, required setback is 30’ and to be 10’ fi'om road right-of-way, required setback is 20. Also requesting to build a 12’ by 12’ deck 15’ from the top of the bluff, required setback is 30’. The audience was polled with Kelly Hepper, Eagle Lake Association expressing concerns with water drainage and the impact to the bluff After discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee to approve a variance of 10’ from the required road right-of-way setback of 20’ and to deny the variances as requested from the bluff with the condition that water from the proposed stmcture must be direct away from the bluff. This motion to approve failed with Richard Gabe, Paul Larson and Dan'en Newville voting no. Those members voting against the motion indicated that there is no suitable building area for anything more than a small camper and the property should be use as it was in the past. Those members voting in favor of the motion felt that the 10’ variance from the road right-of-way might provide the applicants with an opportunity to have a reasonable use of their property. Dennis Pottebanm - Variance application approved as requested. (8:10 p.m.) Deimis Pottebaum, Lot 42 Block 1 The Peninsulas, Kemp Lake in Dora Township, requested the following: My requested setback is 100’ fi'om the lake - Ordinary High Water Level to construct a new dwelling with a deck. Required setback is 200’, variance request is 100’. Please note that this lake was reclassified from an RD Lake to a NE lake in 2009. The audience was polled with Virginia Sonnenberg questioning if the same type of variance would be available to the property that she represents. It was noted that each property is unique and that she can cei'tainly apply for the same type of variance. The action taken on this request may or may not establish precedence. After discussion and consideration, Thomas Lee made a motion, seconded by DaiTen Newville and unanimously canied, to approve a variance of 100’ from the required ordinary high water level setback of 200’ for the construction of a new dwelling and deck 100’ from the ordinary high water level. The variance as approved will allow the applicant the ability to enjoy the same rights and privileges as others in this immediate area and will provide the applicant with a reasonable use of his property. The variance as approved does not directly or indirectly grant any other variances for the proposed development or future development. July 13,2017Page I 3 of 6 r RECtiVtD JUN ?. 1 2017 land & RESOURCE IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): ^"7^ Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^ Ft^Ft^ Ft^ Dwelling O Deck(s) Attached Garage Patio(s) Detached Garage Storage Shed Sidewalk(s) Landing(s) WOAS Driveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous IX^OI >30.TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft^Ft^Total Buildings 3.^N52-. C>5^1^52-^2-0 100+■7-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 1310 ,055'~7 S, SI100+-i-=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.Tflll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Larry and Diana Ohman 4100 Sun Circle Grand Forks, ND 58301 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 4, Property Address - 14023 Eagle Lake Road East - 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: Requesting to build a new dwelling 16.5’ from the top of the bluff, required setback is 30’ and to be 10’ from road right-of-way, required setback is 20. Also requesting to build a 12’ by 12’ deck 15’ from the top of the bluff, required setback is 30’.i': Stein Board of Adjustment Secretary June 22,2017 i OTTER TAIL COUNTY Fergus Falls, Minnesota State of Minnesota ) )SS County of Otter Tail) I, Wayne Stem, 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: Larry S & Diana R Ohman, 4100 Sun Cir, Grand Forks, ND 58201 2901 Darlane Miller, Twp Clerk of Eagle Lake, 12294 State Highway 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 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 Newviile, 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 Adjus^ent By: Vi Manderud ;■ GERALD N COLEMAN REV LIV TST ATTN GERALD N COLEMAN 19897 COUNTY ROAD 1 E ELBOW LAKE, MN 56531 9164 JERALD & SANDRA L CRAWFORD 405 FIELDSTONE LN HAMPSHIRE, IL 60140 9608 SANDRA LALVSTAD : , 5020 HIGHLAND ST N TACOMA, WA 98407 3118 OBED & BERDELL ELLINGSON ATTN DAVID L PLACE 336 MCLAREN LN BISHOP, CA 93514 2115 . JED KAROLD EVAVOLD 39200 130TH ST BATTLE LAKE, MN 56515 9576 . SCOTTA EICHSTADT 9816 2ND AVES BLOOMINGTON, MN 55420 4910 KIJGLER & COMPANY 37681 EAGLE LAKE LN S BATTLE LAKE, MN 56515 9554 RICHARD A & TWYLA M HILSCHER - ' ■77114 1/2 AVE E WESTFARGO,.ND 580784009 LOU ANN LESLIE 14124 EAGLE LAKE RD E BATTLE LAKE, MN 56515 9558 LARRY S & DIANA R OHMAN 4100 SUN CIR GRAND FORKS, ND 58201 2901 ^ WILLIS G & DORIS D NILL 14123 EAGLE LAKE RD E BATTLE LAKE, MN 56515 9558 GREGORY D & JENNIFER M MAUE 14061 EAGLE LAKE RD E BATTLE LAKE, MN 56515 WILIAM L & DEBORAH J ROLIFS 14099 EAGLE LAKE RD E BATTLE LAKE, MN -56515 9558 DAVID & CAROL PLACE 336 MCLAREN LN BISHOP, CA 93514 2115 RITTER TST 2336 STONE VALLEY RD ALAMO, CA 94507 2232 ; / /j / /i / /j / //j NN'LY L OF DEDICA PUBLIC R( /./j AP^4-/y /9s./y ^0\/j '//fFA >?< 777 V7K A,A77vf o7V7 PARCEL A''r 37,205 S.F.±f/7 r L___ 02't ', 7 ^9 9^^\0O A>>v-V 9 b-/5-l1 RECEIVED JUN 2 1 2017 LAND & RESOURCE PARCEL B 42,OB S.F.± . ■^ \/ P ( p - cjtottcft •4lcounty.net fl Interectivc Lend ViciMr - 0t~ ^ 'r <? <? • X i- v; <?![ f/jji ;■' im ‘n! 2Qi3PneHo 2010 2009 2008 1902 2012 Ftfgu$ falls2003 ?0./ t 1., SiL ■'■'i m% §M/V ,' ..y S'NOTICE: Parcel Boundarias are no longer being updated as we are transitioning to a new mobile friendly mapping system. mII ?«!’.‘IB 4>■smNot to^omS^dJasm a legaHdescrlptlon] oofolW<*onl^lfto«iiwdlr^<n#5a 4> s1^// m m%ii m . mar’»\k// otter Tail County, Minnesota 'Accuracy is not guaranteed. NOT to be construed or used as a legal description. 18000110077004 /113.62*30m 18000140093019 ^ Copyright 2014 Otter Tail County, MN Accuracy is NOT guaranteed For REFERENCE purposes only THIS IS NOT A LEGAL DOCUMENT. Fri Oct 7 2016 10:07:41 AM. RECEIVED OCT t 2018 LAND8RESQ:JRCE otter Tail County, Minnesota Accuracy is not guaranteed. NOT to be construed or used as a legal description. Copyright 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENCE purposes only. THIS IS NOTALEGAJ. DOCUMENT Mon Oct 10 2016 09:16:28 AM.