HomeMy WebLinkAbout18000140093008_Variances_04-14-2011Variances
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DOC# 10910351091035
1091035orncc OF county recorder
O ! TER TAIL COUNTY .MINNESOTA Fee: $46.00
Certified, Filed and/or Recorded: Well Certificate [ ] Rec'd
April 20. 2011 9 00 AM
Wendy L. Metcalf, Recorder
Returned To:
LAND & RESOURCE
By NDB
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 AtVVLj lZ-~'S~lO
MAILING ADDRESS 77 f ~ / /4Vc.f. (jJfAi ^3^7 &
DAYTIME PHONE l0(^ ~7ZO^ fiSPROPERTY OWNER
LAKE NUMBER LAKE NAME
TOWNSHIP I ^ ( RANGE VO TOWNSHIP NAME
LAKE CLASS7
tLSECTION
PARCEL
NUMBER
E-911
ADDRESS/ ^/)OONOb^3/y?^
LEGAL DESCRIPTION
^CX-> - A / -4- 2-
TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Structure Size Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.A. d, it> Cl
/C "15 '. btl/iC\rUT^oc
Ort ct/^Oucvo»ccY/^^<^^ y-e> dedc^STxjul)
! ufiDERSTANE3THAT mAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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.
|4ature of^r^perSIGTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
>
JO//TimeDate Of Hearing ■A-
Motion T
Richard and Twyla Hischer - Approved the setback variances as requested with a condition. (6:34 p.m.)
After consideration and discussion, Paul Larson made a motion, second by Thomas Lee and unanimously carried, to approved
the requested setbacks for the proposed development as described in the variance application dated December 14, 2010 and as
depicted on the drawing submitted with the application with the condition that no more than 25% of the total eligible lot area, as
determined by the Land and Resource Department, can be covered with impervious surfaces. The variance as approved does
not directly or indirectly grant any other variances for the proposed development. It should be noted that none of the proposed
development will be any closer to the ordinary high water level than the existing development.
Chaifman/Otter Tail County Board of ^Vzljustment
■ :
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 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, April 14, 2011
The Otter Tail County Board of Adjustment met Thursday, April 14, 2011, with the following persons in attendance:
Thomas Lee
Rick Wilson
Michael Harris
Randall Mann
Scott Ellingson, Land and Resource Management
David Hauser, County Attorney
Paul Larson
Steve Schierer
Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:25 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the December 2, 2010 meeting as mailed.
Chair and Vice Chair Selection -
Randall Mann, Chair, then called for nominations for Chair and Vice Chair of the 2011 Board of Adjustment. Mike
Harris made a motion, second by Steve Schierer and unanimously carried, to direct the Secretary of the Board of
Adjustment to cast a unanimous ballot for Randall Mann as Chair and for Steve Schierer as Vice Chair of the 2011
Board of Adjustment.
The Board of Adjustment considered the following applications for variance:
Richard and Twyia Hischer - Approved the setback variances as requested with a condition. (6:34 p.m.)
Richard and Twyla Hischer, part of Government Lots 1 and 2, Section 14 of Eagle Lake Township by Eagle Lake,
requested a variance to do a 15’ by 23’ addition to dwelling being 28’ from ordinary high water level, requesting
variance of 47’. Raising a section of dwelling roof and adding a new roof to garage to match. Raising 10’ by 20’ of
dwelling roof. Setback is 26’ request 49’ variance. Required setback is 75’. Impervious surface variance requested
on driveway/easement to lake distance footage. Requesting 4.88% variance from 29.88%. The audience was polled
with no one speaking for or against the variance as requested. After consideration and discussion, Paul Larson made
a motion, second by Thomas Lee and unanimously carried, to approved the requested setbacks for the proposed
development as described in the variance application dated December 14, 2010 and as depicted on the drawing
submitted with the application with the condition that no more than 25% of the total eligible lot area, as determined by
the Land and Resource Department, can be covered with impervious surfaces. The variance as approved does not
directly or indirectly grant any other variances for the proposed development. It should be noted that none of the
proposed development will be any closer to the ordinary high water level than the existing development.
Kathryn Erickson Et Al - Tabled (6:40 p.m.)
Kathryn Erickson Et Al, part of Government Lots 1 and 2, Section 14 of Pelican Township by Prairie Lake, requested
the following: Request is for subdivision of lake property without a plat. Creating two parcels meeting minimum
platted lot size requirements of the Shoreland Management Ordinance, but being less than 5 acres. Retained parcel
exceeds 5 acres. The applicant was represented by Paul Johnson, Steve Johnson and a representative from Moore
Engineering, Inc. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Thomas Lee made a motion, second by Steve Schierer and unanimously carried, to
table with the applicants’ verbal approval the hearing on this application until the May 5, 2011 Board of Adjustment
meeting to allow the applicants and the Land and Resource Department an opportunity to determine if either Parcel A
or Parcel B, as identified on the registered survey’s drawing, is within the bluff impact zone. Concern was also
expressed with identifying the hardship/practical difficulty that would allow for the granting of the variance as
requested instead of having the proposed subdivision reviewed through the Planning Commission’s platting
procedures and process.
104.5351
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
t hereby certify that . _ „ ^-
this instrument # XUHjOOJ.
No delinquent taxes and transfer entered; Certificate of
Real Estate Value (
Certificate of Real Estate Value No-------0865SS -
’ (Year)
) not required.) filed (
was flied/recorded in this office for rerord on the_^^§L__day of
3nnH at /2.o6
MetcalfflCounty Ri amWayne Stein, County Auditor Wei rderby:
by recording fe^
well certifiesDeputyI
X^CtuiL<)V\ '
WARRANTY DEED
Individual to Joint Tenants
COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX S .(,.QIolL.5i(0
NUMBEP-12__DATE^__9.z/5^y__
STATE DEED TAX DUE HEREON: $1069.20
Date:3e:^^7feX^^€72. /J? . Aoo<f
FOR VALUABLE CONSIDERATION, John H. Wloe and Sharlot F. Moe,
husband and wife, Grantors, hereby convey and warrant to Richard A.
Hilscher and Twyla M. Hilscher, Grantees as joint tenants, real property in
Otter Tail County; Minnesota, described as follows:
Part of Government Lots 1 and 2 of Section 14, Township 131, Range 40, Otter
Tail County, Minnesota, described as follows: Commencing at the northeast
corner of said Section 14, thence South 89 degrees 40!minutes West 3828 feet
along the section line to Meander Comer Number 5; thence South 45 degrees 12
minutes West 80 feet to the point of beginning; thence from said described point
of beginning and running North 44 degrees 48 minutesiWest 35 feet to the
waters edge of Eagle Lake; thence South 45 degrees 12 minutes West along
said lake 100 feet, thence South 41 degrees 25 minutes East 124 feet to the
center line of the public road; thence North 59 degreesiEast 110:5 feet along said
road; thence North 44 degrees 48 minutes West 115.3 feet to the point of
beginning; and ;cpntaining one-third of an acre, more oii less.
The Grantors and Grantees herein mutually agree as ah appurtenant to the
property herein conveyed and adjoining tracts, for the purpose of ingress and
egress, to reserve for road purposes, an easement in common with others to use
the road one (1) rod wide with its center line described as follows: Commencing
at said Meander Corner Number 5 and thence South 45 degrees 12 minutes
West 80 feet; thence South 44 degrees 48 minutes East 40 feet to the point of
beginning of the road; thence South 45 degrees 12 minutes West 170 feet more
or less on the center line of said road, as now located, to the northerly right of
way line of the public road and there terminating, and being a part of Government
Lots 1 and 2, in said Section 14.
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
3CO '
Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ml Ft^Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping:
(Piastic Barrier)
Other: (Jiff Kcc^c.Ft2
Cfl3S-5
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
P‘if.X 100 =,%
IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE
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httn://www.ottertailcountv.net/arc/nrontaxes/viewer.htm?Ouerv—PIN—'18000990366000'&... 5/19/2009
BRASEL PAGE 0212/15/2010 12:53 218-462-2259
RECEIVED
DEC 1 7 2010
a RESOURCE
WAIVER OF 60-DAY RULE
THIS WAIVER MUST BE FILED AND SUBMITTED TO THE OFFICE OF LAND &
RESOURCE MANAGEMENT BETWEEN OCTOBER & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be abie to view my
property/project (Tax Parcel # /Jt^6/^fob i
described in my
dated ia
Otter Tail County to meet the legal requirement to take action within 60
days of the receipt of the completed Application(s). I understand that in the
absence of a waiver of the 60-Day Requirement, the County may have no
alternative but to deny my Application(s). Therefore, I hereby agree to
waive the 60-day time limit in order to allow time for the Planning
Commission Members and/or Board of Adjustment Members to view the
property before taking action on my Application(s).
______________________ Application
, As a result, it may not be possible for
DATED PROPERTY OWNER
11-02-04
Mbowman forms-apps waiver 60 day rule
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510 Fir Ave W
Fergus Faiis, MN 56537
, (218)998-8030/998-8041
Emaii - wstein@co.ottertail.mn.us
I www.co.otter-tail.mn.us
■ i
Applicant and/or applicant’s representative must be present at the scheduied hearing.
To Whom It May Concern:
Richard and Twyla Hischer
771 14V2 Ave E
West Fargo, ND 58078
has 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
.m.,:v
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.
-p
The property concerned in the application is legally described as
part of Government Lots 1 and 2,
Property Address - 38777 Sparrow Lane
Section 14, Township 131, Range 40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is -
a variance to do a 15’ by 23’ addition to dwelling being 28’ from ordinary high water level, requesting variance of 47’.'
Raising a section of dwelling roof and adding a new roof to garage to match. Raising 10’ by 20’ of dwelling roof. Setback
is 26’ request 49’ variance. Required setback is 75’. Impervious surface variance requested on driveway/easement to
lake distance footage. Requesting 4.88% variance from 29.88%.
Stein
Board of Adjustment Secretary
Date: March 17, 2011
1
I
I.
!
i
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 21st, day of March, 2011 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Richard and Twyla Hischer, 771 14 Vi. Ave E, West Fargo, ND 58078
Mary Cullen, Twp Clerk of Eagle Lake, 11067 405*^ Ave, Evansville, MN 56326
Eagle Lake Assoc., % Carol Bemis, PO Box 22, 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
Terry Lejcher, DNR 1509 1®‘Ave N. Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
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: March 21, 2011
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: LcCi
Vi Manderud
i
i ■ •
GERALD & GAIL COLEMAN
19897 COUNTY HIGHWAY 1 E
ELBOW LAKE MN 56531 9164
JERALD & SANDRA L CRAWFORD .
405 FIELDSTONE LN
HAMPSHIRE IL 60140 9608
JON & TRUDY D DETERMAN
905 5TH AVE N
WHEATON MN 56296 1225
GREGORY D & JENNIFER M MAUE
15780 TARLETON CREST N
MAPLE GROVE MN 55311 1504
OBED & BERDELL ELLINGSON
ATTN DAVID L PLACE
510 VILLA CTN UNIT 113
PALM SPRINGS CA 92262 0654
RICHARD A & TWYLA M HILSCHER
771 14 1/2 AVE E
WEST FARGO ND 58078 4009
CURTISELLE J OFFERDAHL
20870 JACQUARD
LAKEVILLE MN 55044 5943
DAVID & CAROL PLACE
510 VILLA CTN
PALM SPRINGS CA 92262 0654
DOUGLAS J NILL
120 6TH STSSTE1100
ONE FINANCIAL PLAZA
MINNEAPOLIS MN 55402 1801
WILLIAM S & MARY P VARNEY
15201 65TH PLN
MAPLE GROVE MN 55311 3268
ROBERT RITTER ET AL TRUSTEE
2336 STONE VALLEY RD
ALAMO CA 94507 2232
RITTER TST
2336 STONE VALLEY RD
ALAMO CA 94507 2232
ALVIN C VOGT, TRUSTEE
800 PARKWAY AVE
ELGIN IL 60120 2369