HomeMy WebLinkAbout18000990262000_Variances_09-03-2009Variances
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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that „ ^ ^ -
this instrument # Xv>dq-L^^1063184
was filed/recorded in this office for record on the /Oih day of
2009 at // yS5rof
Wendy L/Metcalf, Cour^
by: /y^
Vli> (hC) recording fee
^ well certificate
rder
Deputy
l\Ri
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 3^ ^*^0-
Receipt Number
Accepted By / Date
COMPLETE THIS APPLICATION IN BLACK INK
»Sm-,O^iCrl Sf
Ra Sex J7R
■ei/oeaYfiti erPROPERTY OWNER DAYTIME PHONE
f^n h x/rMAILING ADDRESS
LAKE NUMBER ^5^ ^ 715"^ LAKE NAME ^Cl
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<^X)LAKE CLASS
lO IhlSECTIONTOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS Lakr/K~ Ann -99 77 -mc)
LEGAL DESCRIPTION
9 (y: i/cu'kle^r
TYPE OF VARIANCE REQUESTED (Please Check)
Jcstructure 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.
4rz read f coalk^y!
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I UNDERSTAND THAT I HAVE 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.
STGNATURE b"F [i^ROPERTY OWNER / AGENT FOR OWNER 7 / DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
'l.'ifo /fmTimeDate Of Hearing
Motion
Carol Lea Skinner Revocable Trust - Approved the variance as requested with a condition.
(7:50 p.m.)
After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve
the proposed development as described in the variance application dated August 12, 2009 and as depicted on the drawing
submitted with the variance application, noting the change from 42’ to 44’, and with the condition that the proposed development
must be placed 8’ from the west lot line.
Clwman/Otter Tail County Board^f Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
9//o/io^
LR Official/Date •
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls, Minnesota
September 3, 2009
Page # 2
Barky’s Resort - Approved the variance as requested with a condition. (7:07 p.m.)
Barky’s Resort, part of Government Lot 3, Section 32 of Amor Township by Otter Tail Lake, requested the following:
We are requesting to replace the current 14’ by 70’ mobile home with a newer 16’ by 80’ model. To replace with the
current size we are finding only models in the same age group (early 70’s) and same condition as the one we
currently have.' We request a variance from the normal 50’ sideline setback to place the newer modelpn the same
spot which is 18’from the south lot line. A variance of 32’. Distance from east lot line is within the setback
requirements. (Unit #8) The audience was polled with np one speaking for or againstthe variance as requested. A
’ letter from Charles H. Grotte, P.E. with the Otter Tail County Highway Department in opposition to the variance as
requested was read for the record. After discussiomand consideration, Randall Mann made a motion, second by
Robert Schwartz and unanimously carried, to approve a variance of 32’ from the required lot line setback of 50’ for the
replacement of the existing 14’ by 70’ mobile home (Unit 8) with a newer 16’ by 80’ model 18’ from the south lot line
with the condition that the new unit must be placed behind the 1®‘ tier line as shown on the proposed site plan
submitted with the variance application; however, the new unit must be placed no closer than 50’ from the rear (west)
lot line. It should be noted that if placement of the new unit behind the 1®‘ tier line results in the unit being less than
50’ from the rear (west) lot line than the unit should be placed 50’ from the rear (west) lot line and the unit would be
allowed to extend in front of the 1®' tier line to avPid encroaching into the required rear (west) lot line setback.
Paul Piepkorn - Approved the variance as requested. (7:16 p.m.)
Paul Piepkorn, 2.5 acres in the North Half of the Southwest Quarter, Section 7 of Deer Creek Township, requested a
variance of 30’ from the required road right-of-way setback of 40’ for the placement of a 30’ by 48’. pole shed garage
10’ from the road right-of-way. The audience was polled with no one speaking for or against the variance as
requested. A letter from Charles H. Grotte, P.E. with the Otter Tail County Highway Department in support of the
variance as requested so long as no other structures are placed within the 40’ setback area was read for the record.
After discussion and consideration, Thomas Lee made a motion, second by Steve Schierer and unanimously carried,
to approve a variance of 30’ from the required road right-of-way setback of 40’ for the placement of a 30’ by 48’ pole
shed garage 10’ from the road right-of-way. It should be noted that the approval is based upon the letter submitted by
the OtterTail County Highway Department.
Ronald Buelow - Denied the variance as requested. (7:20 p.m.)
Ronald Buelow, part of Lots 3, 4 and 19 Claude Moodys Beach, Elizabeth Township by Long Lake, requested a
variance to construct an addition to our existing cabin, within the ordinary high water level standard as shown. To the
east, we request a variance of 24’. To the north, we request a variance of 2’. In both cases we have stepped back
the proposed addition in order to build no closer to the ordinary high water level than our existing cabin. The small
addition to the east is necessary in order to enlarge the small existing kitchen. The audience was polled with Mary
Jo Schwarz, John Wojtalewicz and Lois Tassler expressing concerns with the variance as requested and with the
current use of the property. Letters from Jane and Robert Bellman, Marilyn Thompson and Gayle and Michael
Heiden in opposition of the variance as requested were read for the record. After discussion and consideration, Steve
Schierer made a motion, second by Michael Harris and unanimously carried, 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
as the applicant has adequate room at the required setback for development and can obtain a reasonable use of his
property without the granting of the variance as requested. It was also noted that the applicant currently has a non
conforming situation because there are three living units on the applicant’s property.
Carol Lea Skinner Revocable Trust-Approved the variance as requested with a condition.
(7:50 p.m.)
Carol Lea Skinner Revocable Trust, West Half of Lot 9 Evander Beach, Eagle Lake in Eagle Lake Township,
requested the following: Raise existing cabin to road level, construct deck and walkway for handicap access.
Maintain current 3’ setback (required 10’) from west lot line. Place deck within building line setback.from lake. All
construction would be approximately 42’ from ordinary high water level, than the required 75’ setback. At the hearing
the applicant noted that the development would be approximately 44’ from the ordinary high water level. 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 Thomas Lee and unanimously carried, to approve the
proposed development as described in the variance application dated August 12, 2009 and as depicted on the
drawing submitted with the variance application, noting the change from 42’ to 44’, and with the condition that the
proposed development must be placed 8’ from the west lot line.
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Tax Parcel Number(s)
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high water level, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
/oO Ft2Driveway(s):
Ft2Patio(s):
^0 Ff2Sjdewalk(s);
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Ft2Retaining Wail(s):
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
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IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
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SCALE DRAWING FORM-f---\■f-
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Tax Parcel Number(s)
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size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetiand(s). Must also include all proposed topographical alterations.
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s);
Ft2Retaining Wail(s);
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
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IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
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water levei(s), septic tank(s), drainfield(s), bluff(s) & wetiand(s). Must also include all proposed topographical alterations.
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IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft2Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s):
Ft2Stairway(s):
Ft2Retaining Wali(s);
Ft2Landscaping:
(Plastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:
X 100 =.%
IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE LOT AREA
10a6S4-
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this Instrument #__flled/recorded in this office2008a?j^lpm
Qio.li^ /^^recorolnglfee
No delinquent taxes and transfer entered;
Certificate of Real Estate Value ( ) filed (X ) required
Certificate of Real Estate Value No.
* 1 i
wasfor
L 3 , 2008Dated:
id
County Auditor well certifTcateBy ^7"
Deputy
[t-OOO^^'O^^’OOO !.(oi
CAROL LEA SKINNER, formerly known as CAROL LEA SHACKLETON, AND
MORRIS F. SKINNER, JR., GRANTORS, wife and husband, of Gothenburg, Dawson County,
Nebraska, for no consideration, hereby convey to CAROL LEA SKINNER, TRUSTEE OF THE
CAROL LEA SKINNER REVOCABLE TRUST DATED DECEMBER 3, 2007, GRANTEE, of
Gothenburg, Dawson County, Nebraska, the following real estate in the County of Otter Tail,
State of Minnesota:
WARRANTY DEED
The West Half (WI/2) of Lot Nine (9), Evander’s Beach, according to the recorded
plat thereof, together with the rights of Grantors in an easement for sewage
purposes across part of Lot Eight (8) of Evander’s Beach and an easem.ent for
well purposes across part of the East Half (E'/z) of Lot Nine (9) of Evander’s
Beach.
SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations
of record, if any.
TO HAVE AND TO HOLD same unto GRANTEE, and unto GRANTEE’S assigns
forever, with all appurtenances thereunto belonging.
GRANTORS do for Grantors and Grantors’ heirs, personal representatives, executors and
assigns forever hereby covenant with GRANTEE that GRANTORS are iawfuiiy seized in fee
simple of said premises; that the premises are free from all encumbrances, unless otherwise
noted above; that GRANTORS have a good right to convey the same as aforesaid; and to forever
warrant and defend the title to the said lands against all claims whatever.
AExecuted:, 2008.
GRANTORS: ,
/'V /. y'
T r ^ -C,
Carol Lea Skmner
\ A-Morris F. Skinner, Jr.
f
Lf^ND&B{00260857}
► ?•
STATE OF NEBRASKA )
) ss.
COUNTY OF DAWSON )
The foregoing instrument was acknowledged before me this4^8_ day of
, 2008, by Carol Lea Skinner and Morris F. Skinner, Jr., wife and
husband.
firjA^AM GENERAL NOTARY - State of Nebraska
'Si TACI BARTLETT
My Comm. Exp. Sept 26,2010
/A.
Notary Public
STATE DEED TAX DUE; $1.65
CONSIDERATION FOR TRANSFER: None
^ _ Dratted by. Return to:
y Kent Endacott, Esq.
Woods & Aitken LLP ' 301 South 13* Street, Suite 500
Lincoln, Nebraska 68508
Mail Tax Statements to:
Carol Lee Skinner, Trustee
Carol Lea Skinner Revocable Trust dtd 12/3/07
1222 Lake Avenue
Gothenburg, Nebraska 69138-1741
lO im
{00260857}
CAROL LEA SKINNER REVOCABLE TRUST
The Carol Lea Skinner Revocable Trust, dated December 3,2007
Carol Lea Skinner
My Spouse
Luke Werkmeister
Sina Jo Werkmeister
First Nebraska Trust Company
December 3, 2007
Name of Trust;
Initial Trustee:
Successor Trustees:
Date of Execution:
1, Carol Lea Skinner, SS# 477-70-1484, on December 3, 2007, sign this Declaration of Trust
(“Agreement”). I will serve as initial trustee. As trustee, I will be called, and any successor trustee,
substitute trustee, or co-trustee will be called, “Trustee” in this Agreement and referred to in singular
neuter pronouns. The original trust established hereunder by me is hereinafter sometimes referred to as
the “initial trust.” Notwithstanding anything in this Agreement to the contrary, when I am serving as a
Trustee, 1 may act for and conduct business on behalf of the trust as Trustee without the consent of any
other Trustee. Concurrent with the execution of this Agreement, I hereby initially fund the initial trust
with ten dollars ($10.00), which 1 hold in trust hereunder. In this regard. Trustee may hold the ten
dollars ($10.00) without investing same. Trustee shall hold all property delivered to it, in trust, as
follows;
ARTICLE 1
RIGHTS RESERVED BY ME
Revocable Trust. I reserve the right to amend, restate or revoke this Agreement, wholly or
partly, by a writing signed by me that is witnessed or notarized, and delivered to Trustee during my life.
However, I cannot change materially the duties, powers, immunities, liabilities, and compensation of the
then acting Trustee without its written approval. Upon my death this Agreement and the trusts
established hereunder shall become irrevocable.
1.1
Additions and Withdrawals. I reserve the right to add property to the trust. I also reserve the
right to withdraw any part or all of the properties then contained in the trust (including accumulated
income) as I direct orally or in writing. My right to withdraw trust property is exercisable in all events.
Anyone else may transfer property acceptable to Trustee at any time, whether during my life, or after my
death, to be held, administered and distributed pursuant to this Agreement.
Spousal Transfers and Power of Appointment. I intend that any transfers to this trust by my
spouse shall qualify for the federal gift and estate tax marital deduction, and all provisions of this trust
shall be construed consistent therewith. Therefore, with respect to such spousal transfers, all net income
attributable to such transferred property shall be paid to me or for my benefit, at least annually. Trustee
shall make such property productive upon my request (irrespective of my capacity), and I shall have the
right, during my life and upon my death, to appoint such transferred property to such persons, including
my estate and the creditors of my estate, as 1 may determine.
1.2
1.3
received
10
L/\ND 8c RESOURCE2472021
ARTICLE 8
MY FAMILY
Spouse. I am married to Morris Fredrick Skinner, Jr. (“my Spouse”).8.1
8.2 Children. I have the following step-children from a previous marriage;
George R. Shackleton
Ross L. Shackleton
Valorie D. Parsons
Sina Jo Werkmeister
1 have intentionally made no provision for any step-children other than those listed in Paragraph
8.2. I have no other children or any deceased children with descendants surviving.
This Agreement is executed, delivered, and the trust accepted, on December 3, 2007.
Carol Lea Skinner, individually and as Trustee
WITNESSES:
Witness Witness
STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
Subscribed and sworn to before me on December 3, 2007 by Carol Lea Skinner, who personally
appeared before me. Carol Lea Skinner is personally known to me.
/
K GENSULNOTARY-aatsofNebraska I JODY SCHMIDT
My Comm. Bip. Jan. 28.2009 i/Notarv Public
recewed
. 1 0 2009
247202 32
land & RESOURCE
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
www.co.otter-tail.mn.us
ApDiicant and/or applicant’s representative must be present at the scheduied hearing.
To Whom It May Concern:
Carol Lea Skinner Revocable Trust
PO Box 276
Gothenburg, NE 69138
has made application to the Otter Taii 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, September 3, 2009 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
West Half of Lot 9 Evander Beach,
Property Address - 37926 Eagle Lake Loop
Section 10, Township 131, Range 40 - Township Name - Eagle Lake
Lake No. 56-253, Lake Name - Eagle, Class - GD
The variance requested is -
the following; Raise existing cabin to road level, construct deck and walkway for handicap access. Maintain current 3’
setback (required 10’) from west lot line. Place deck within building line setback from lake. All construction would be
approximately 42’ from ordinary high water level, than the required 75’ setback.
I^t^ne Stein
Board of Adjustment Secretary
Date: August 14, 2009
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 14th, day of August, 2009 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Carol Skinner TST, PO Box 276, Gothenburg, NE 69138-0276
MaBeth Jensen, Twp Clerk of Eagle Lake, 37121 County Highway 126, Ashby, Mn 56309
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
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
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
Robert Schwartz, 31548 County Highway 75, Wadena, MN 56482
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: August 14th, 2009
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
' BENSON TST
5512 CAVENDISH CT
PLANO TX 75093 4231
TIMOTHY & WAYNE BOTHUN
3055 70TH ST SW
MONTEVIDEO MN 56265 4009
DAVID L & VICKI DANIELOWSKI
20196 RUNESTONE LN SW
KENSINGTON MN 56343 8141
EVERETT C & JANET M GILBERTSON
TSTEES OF REV LIVING TRUST
15617 385TH AVE
BATTLE LAKE MN 56515 9537
JOY A GAARSLAND ET AL
1224 WILDWOOD RD
SAINT CLOUD MN 56303 0541
EVERETT GILBERTSON
15617 385TH AVE
BATTLE LAKE MN 56515 9537
KAULS TST
4186 RUNNING BROOK RD
SAINT PAUL MN 55122 1940
RICHARD LJIBBEN
37890 EAGLE LAKE LOOP
BATTLE LAKE MN 56515 9563
JUDITH HEPPER TST
37864 EAGLE LAKE LOOP
BATTLE LAKE MN 56515 9563
BONITA LESTO & LEE ACKERSON
898 MAIN ST
LINOU\KESMN 55014 2148
WILLIAM T & PAMELA G LIESTER
37914 EAGLE LAKE LOOP
BATTLE LAKE MN 56515
PAUL T & LOIS ANN LARSEN
1134 CHEROKEE AVE
WEST SAINT PAUL MN 55118 2002
HARVEY T & MARLENE PEDERSEN
25297 COUNTY ROAD 5
LAMBERTONMN 56152 2095
LISA M FJOSLIEN MCELWEE
2715 WINSTON CT
PEARLAND TX 77584 9135
CARROLL A & KATHRYN L MAU
PO BOX 416
ELBOW LAKE MN 56531 0416
CAROL SKINNER TST
PO BOX 276
GOTHENBURG NE 69138 0276