Loading...
HomeMy WebLinkAbout18000990294000_Variances_05-10-2018Variances 2 Barcode 128 05nol2.0fB Date Stamp 1206248 ■^1 receded APR 1: 2018 3 ' I ANDSPicSOiW^'- CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/17/2018 09:58 AM FEE: 46.00 PAGES 6 WELL CERTIFICATE RECD: N ODU")U-3 O ■ ID - ■ aD AbL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER. APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095 www.co.otter-tail.mn.usOTTIR TRIl Application Fee -g 5'^0o PC) Receipt Number Accepted by 4,■Anjisj IkDate /*■/>iii 7Property Owner Name Peterson Family Cabin, LLC Address c/o David Peterson 1345 Lori Avenue City Detroit Lakes State Minnesota Zip 56501 Daytime Phone 218-849-5856 Email dpeterson@arvig.net Parcel Information Lake No 56-253 Lake Name Lake Class goEagle Lake Parcel Number(s)18-000-15-0099-000 Parcel Number(s) Township Name Eagle Lake Section 15 Legal Description Pt GL 4, GL 3 and SW1/4NW1/4 N of township road ex tracts and ex Rosenquist Beach Physical Address 37651 Eagle Lake Trail South TYPE OF VARIANCE REQUESTED (Please Check) structure Setback /Structure Size Sewage System Subdivision Cluster WECS Miscellaneous 1 ; SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. The variance request is to subdivide without platting tax parcel 18-000-15-0099-000, a 5.05 acre parcel (county auditor lists it as 7.9 acres) located within shoreland near Eagle Lake (56-253 GD)in Eagle Lake Township. The proposed subdivision consists of three backlots (86,520 sf; 66,866 sf; 50,622 sf), together with a fourth backlot tract (15,921 sf) which is adjacent to and to be permanently affixed to lakeshore tax parcel 18-000-99-0294-000, 37651 S. Eagle Lake Trail. This backlot tract contains the septic system for that parcel, and enlarges the lakeshore parcel to an aggregate area of approximately 25,527 sf. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAOEWIENT REGArtpO^HIS MATTER. __________ __________ ^G^NATURE OF PROPERTY 7-' 3-/ S' T FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Notification of the Date/Time of Hearing) - ffrr\^Date of Hearing Time Motion Paterson Family Cabin LLC - Denied (6:50 p.m.) After considerable discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would justify approving the variance a! requested for metes and bounds subdivisions instead of a formal review by the Planning Commission through the platting process. T le platting process will provide a deeper review and will address buildable areas, bluffs and necessary steps to prevent erosion si ould the lots be developed. Ghairman/OtterTail County Board of Adjustment Permit(s) required from Land & Resource Management Yes Note: If Yes, contact Land & Resource Management sInjAJmfCopy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 ■V Edward and Merry Jo Stroot - Variance application approved as requested with a condition. (6:48 p.m.) - Continued VanDerBrinks want to purchase the Stroot Garage which sits approximately 280’ southerly of the Stroot cabin. Because of the terrain the garage and surrounding lands can be better used by the VanDerBrinks than the Stroots. We are requesting subdivision approval of Parcel Dl, being 0.78 acres from Tract D, to be pennanently attached to Tract E as shown on the Anderson Land Surveying Certificate of Survey No. 8548, signed April 11,2018. Please note that Parcel Dl contains no lakeshore, the remainder of Tract D is 3.02 acres more or less, and approval of this subdivision puts the VanDerBrink driveway on their own property. Appearing with the applicants was Yvette VanDerBrink and Glenn Howe, Surveyor. The audience was polled with no one speaking for or against the variance application as presented. After di.scussion and consideration, Steve Schierer made a motion, seconded by Kenneth Vorderbruggcn and unanimously carried, to approve the proposed subdivision as described in the variance application dated April 1 1,2018 with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. The variance as approved does not negatively impact the immediate neighborhood, will make the existing garage more useable and will place the VanDerBrink driveway on the property that they own. The variance as approved does not directly or indirectly grant any other variances for future development. Peterson Family Cabin LLC - Denied (6:50 p.ni.)"s Peterson Family Cabin LLC, part of Government Lot 3, all of Government Lot 4 and part of the Southwest Quarter of the Northwest Quarter, Section 15 of Eagle Lake fownship by Eagle Lake requested a variance to subdivide without platting tax parcel 18-000-15-0099-000, a 5.05-acre parcel (county auditor lists it as 7.9 acres) located within shorcland near Eagle Lake (56- 253 GD) in Eagle Lake Township. The proposed subdivision consists of three backlots (86,520 square feet; 66,866 square feet; 50,622 square feet), together with a fourth backlot tract (15,921 square feet) which is adjacent to and to be permanently affixed to lakeshore tax parcel 18-000-99-0294-000, 37651 s. Eagle Lake I'rail. fhis backlot tract contains the septic system for that parcel and enlarges the lakeshore parcel to an aggregate area of approximately 25,527 square feet. Peterson Family Cabin LLC was repre.sented at the public hearing by: Mike Peterson, Owner, Glenn Howe, Surveyor and Robert Bigwood, Attorney. The audience was polled with the following individuals speaking in opposition to the variance application: Kathy Evavold, Kelly Hepper, Grant .lohnson and Waixen Pream (not ceiiain about the last name). Kathy F.vavold, Supeiwisor representing Eagle Lake Township also presented several pictures for the record. Letters and/or emails from the following in opposition to the variance application were also read for the record: Craig and Karen Andrews. Loren Bailey, Gene and Tamara Curtis, Ruth Gallagher, Kelly Hepper representing the Eagle Lake Lake.shore Association, David and .ludy Johnson, Earllet Johnson Grant and Dorothy Johnson, Perry and Janet Kugler, Jeffrey Long, Connie Prunty, William and Sandra Shumaker, and Joy feiken. The originals letters and the pictures reference above have been placed in the file maintained by the Land and Resource Department. Other than noting that all these letters were in opposition to the proposed subdivisions, these minutes will not summarize the specific content of the letters. The applicants and their representatives noted that the plan under consideration would be the same plan that would be presented to the Planning Commission and it was their position that that the Board of Adjustment has acted on this type of request favorably in the past. The full content of the discussion between the applicants/applicants’ representatives and the Board was record and is available during normal business hours; therefore, these minutes will not detail that discussion. After considerable discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would justify approving the variance as requested for metes and bounds subdivisions instead of a formal review by the Planning Commission through the platting process. The platting process will provide a deeper review and will address buildable areas, bluffs and neces.sary steps to prevent erosion should the lots be developed. Corrine M. Nokkeii - Variance application approved as requested with a condition. (7:40 p.m.) Corrine M. Nokken, part of Government Lot 4, Section 16 of Candor Township by Leek/Trowbridge Lake, requested a 75’ setback from ordinary high-water level instead of the 100’ setback. Proposing to remove the existing cabin and bathhouse and replace with a 40’ by 44’ cabin with deck and a 24’ by 30’ attached garage. Cory Pederson 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, Rick Wilson made a motion, seconded by Darren Newwille and unanimously carried, to approve a variance of 25’ from the required ordinary high-water level setback of 100' for the placement of a 40’ by 44’ cabin and a 24’ by 30’ attached garage 75’ from the ordinary high-water level with the condition that holding tank is in compliance with the requirements of the ordinance. The proposed development will be further away from the ordinary high-w'ater level than the existing development. The proposed development is an improvement, fhe variance as approved does not directly or indirectly grant any other variances for proposed or future development. Page I 2 May 10, 2018 1125877 DOC# 1125877No delinquent taxes and transfer entered; Certificate of Real Estate Value ( Certificate of RealEstate Value No. OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA Certified, Filed, and/or Recorded: April 08, 2013 1:00 PM Wendy L. Metcalf, Recorder 1125877 Fee: $46.00 Well Certificate ( ] Rec'd ) not required.) filed s 2o\S (Y«W) Wayne Stein, County Auditor by—------------------------------------------------------ I Deputy i%'DOO‘ i Returned To: PEMBERTON SORLIE RUFER & KERSHNER ALEXANDRIA 123 3ROAVEE SUITE 600 (ENV> ALEXANDRIA. MN 56300 By: LL V. (Top 3 inches reserved for recording data) RECblVEDQUIT CLAIM DEED Individual(s) to Business Entity APR 212015 land & RESOURCE DATE: April 5,2013DEED TAX DUE: $1.65 FOR VALUABLE CONSIDERATION, Beverly J. Peterson, a single person (“Grantor"), hereby conveys and quitclaims to Peterson Family Cabin, LLC a Minnesota limited liability company under the laws of the State of Minnesota (“Grantee"), real property in Otter Tail County, Minnesota, legally described as follows: The Northerly 15 feet of Lot Eight (8) of Rosenquist Beach and Lot Nine (9), except that part of Lot Nine (9) of Rosenquist Beach according to the plat thereof on file and of record in the office of the Register of Deeds of Otter Tail County, Minnesota, described as follows: Commencing at a point that is 53.8 feet southwest of the northwest comer and on the west line of said Lot thence following the west line of said Lot in a northwesterly direction 53.8 feet to the northwest corner of said Lot thence northeasterly along the north line of said Lotto the northeast comer thereof thence in a southwesterly direction along the east line of said Lot 50 feet thence southwesterly across said Lot in a straight line to the point of beginning. AND COUNTY OF OTTER TAIL STATc OF MINNESOTA DEED TAX $ ' • number date — SEE AHACHED EXHIBIT A FOR CONTINUED LEGAL DESCRIPTION Xn 1 tt> CONSIDERTATION FOR THIS TRANSACTION IS LESS THAN $500. Check here if all or part of the descrtbed real property is Registered (Torrens) O together with all hereditaments and appurtenances belonging thereto. Check applicable box: Q The Seller certifies that the Seller does not know of any wells on the described real property □ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: n 1 am familiar with the property desaibed in this instrument and I certify that (he status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor 'A VBeverlVJ. Peterson ECB-1032 Page 1 of 2 V-.-{■ V •- Page2of2 QUIT CLAIM DEED State of Minnesota, County of Douglas 1r This instrument was acknowledged before me on| April 5, 2013, by Beverly J. Peterson, a single person. Grantor. (signaturJalmtarialcfricei) [ (Stamp) Title (and Rank): Notary PublicIJULIE A. HASEMAN ! NOTARY PUaUC-MINNESOTA ] 1 My Co.mm. Exp. Jan. 31,2015 j -\{1a « ^ ^ y 'Z-Q I 5^ (moimdsy/year)My commission expires: THIS INSTRUMENT WAS DRAFTED BY: Julie A. Haseman, #202356 Pemberton Law Firm 123 Third Avenue East, Suite 600 ^ Alexandria, MN 56308 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD’BE SENT TO: Peterson Family Cabin, LLC do Beverly J. Peterson ■ P.O. Box 175 Elbow Lake, MN 56531 \ (320) 759.3143 (p)^ ' (320)759.3144(1) \ l.hasemaniSiDemlaw.com (e) OurFileNo.: 2013-2619.333/cw PETERSONBJ\DOCS2013-2619.333\QCD.DOC t- V ; 1 i I I : ; I L Exhibit A Thit par; of GovcmiT.ent Lot.4,’ar.d that part of Governmont Lot 3, and the SW '/< of NW lying N'orth of the township rood, of Section 15, Township 131, Raitgc 40, except the area platted and subdivided as Rosenquisi Beach, except highway and roadway right of ways, and except the following tracts conveyed to various parties, described os follows, to-wit: ■ 1. Deed to Ernest M. Kunkir.s, ct al in Book 321 of Deeds, on page 3S5, and described as follows; Tnat part of Government Lot 4, of Section 15, Township 131, Range 40, described os follows, to-wit; .Beginning at a point described as follows, East 559.6 feet from the N vV’ corner of said Section 15 to an iron pipe, thence South 06 degrees 5S minutes East 415 feet to die place or beginning; thence luitning in a Westeriy direction at right angles to last line a distance of 144 feet; thence inia Soutiicrly and Southeasterly direction il9 feet, more or less, to a point on theNortiiwesterly line of Lot 13 of Rosenquist Beach 144 feet fro:n the NE corner thereof; tltcnce rurning on ana along the N'orthwesteriy line of said Lot i 3 a distance.of 144 feel to the NE corner thereof, thence rurjting 100 feet to the place of begirming. I 2. Deed to iarnes L. Reine in Book 367 of Deeds, on page 233, and described as follo ws; All that part of Government Lot 4, of Section 15. Towmship 131, Range 40, Otter Tail County, Minnesota, described as follows; j Beginning afthe NW corner of said Section 15; thence South along the Section line 924.5 feet; thence North 63 degrees 34 minutes East 624 feet to a point on the Westerly bouncar;/ line of the tract known as “Rosenquisi Beacli” according to the survey and plat recorded in the office of the Register of Deeds of Otter Tail County, Mi.nnesota, thence running in a general Northwesteriy direction along said Westerly boundary li.ne 93.S feet to tl'.c Northwest corner of said Rosenquisi Beach; thence North 12 degrees 33'minutes East 140.5 feet; thence .North 69 . degrees 30 minutes East 100 feet more or less to the waters edge of Eagle Lake (said point on waters ' edge being located 101 feet .measured along the lokcshore in a general Northerly directio.n'froin its intersection witlvthe Northerly boundary line of said Rosenquist Beach); the.ncc running in b’general Norili€.dydirect:on a distarxe of 416 feet more or jess along said iakcshqrc to the North line of said Section 15; thence West along said Section line to the point of beginning, and containing 9.S5 acres, inoi e or less, of which tite West 2 acres in State of Minnesota Itighway right of way. 3. Deed to Ernest M. Hun.kins et ai i.n-Book 404 of Deeds, page 344 and described as follows, to-wit; Parcel L-Pan of Governme.nt Lot 4| in Section 15, To'.vnship 131, Range 40, Otter Tail County, Minnesota, described as follows; Beginning at the NW corner of Rosenquist Beach, a recorded plat, thence North 12 degrees 32 minutesHast 140.5 feet, toihe NW corner of the tract already owmed by the parties of the second pa.T herein; thence Southeasterly. 119 feet along the Southwesterly lice of tiie tract already owmed by said parties of the second part to tlie Northwesterly boundary line of said Rosenquist Beach, thence Southwesterly along said line S4.S feet to the point of beginning, containing 0.12 of an acre, more or less. 4. Deed to Philip A. Arfslrcm and Katherine B. Arfsirom, husband and wife in,Book 405 ofDeeds on page 45, lo-wit; | Parcel M-Part of Govcrnmc;',t Lot ajiof Section 15, Township 131, Ra;ige 40, Otter Tail County, Minnesota, described as follows; Co;-ninencing at the NV.’’ corner of Rosenquist Beach, a recorded plat, the,ace ruruiing on an assumed bearing South 36 tiegrees OS minutes East 93.S feet along the South westerly boundary line of said Rosenquist Beach; thence South 65 degrees 34 minutes West 6.5 feet,to the Westeriy side oftiie roadjas now located, and the point ofbeginning of the within described tract; thence South 63 degrees 34 minutes West S5 feet, thence South 30 degrees 21 minutes East 314.4 feet; thence No.rth 63 degrees 34 minutes East S5 feet to the Westerly side of said road; thence No.nh 34 degrees 05 minutes West 115.6 feet along said road, thence Nortli 2S degrees 13 ,T:inulcs West 199.1 feet along said road to the p.oint of beginning, containing 0.6 of an acre, more or less. 5. Deed :o Kenneth O, Carlson and Lois M. Carison, in Book 496 of Deeds, page 577, described as iblfows: An 29.S foot, more or less, sL'ip of land lying adjacent to and south of the description which follov.’s and nonh of Ae e>;isting township road, in the E 'A of NW 'A of Section 13, Township 151, Range 40; All that part of Government Lot 3, in Section 15,-1 ownship ! 3 i, Range 40, described as follows: Beginning at a point, in the center line of the public road, located South 65 degrees 40 minutes V/csi 206 feet; thence South 74 degrees 2S minutes West 106 feet; thence South 84 degrees 28 minutes ■••Vest 51 feet; thcn.ee North 89 degrees 20 minutes West 109.2 feet'from a point ori the East line of said Government Lot 3, 1199 feelNorth from the southeast corner thereof; thence from said described poii’.t of beginiring at'.c running North 84 degrees 52 minutes West 89.8 feet along said road center li,ne;.t!ience North 5 degrees 8 rnin.utcs East 60 feet to the slrore line of tcagle Lake; llicnee Easterly 89 fee: more or less along said lake shore to a point located North 5 degrees S mnnutes East 64 feet from the above described point of begin.ning; tlienee Southwesterly in a straight line to lire point of bscirunir.g, a.nd containing 0.13 of an acre, more or less. 6. Deed to Jerald Freise in Book 499 of Deeds, page 303,- lo-wit; That part of Goverrjr.cnt Lot 3', Section 15, Township 131, Range 40, described as follows: Commencing at center of said Section 15; tlience on an assumed bearing of Nordi on the'Easterly line of said Government Lot 3, for a distance of 1,199 feet; thence South 65-degrees 40 minutes West 206 feet; thence South 74 degrees 28 minutes Wes; 106 feet; thence South 84 degrees 28 minutes West 51.0 feet; thence Nordi 89 degrees 20 minutes West 109.20 feet to point of beginning of tract to be described; thence North 84 degrees 52 minutes West S9.S0 feet; tl'.ence South 5 degrees 08 minutes West 57.5 feet; thence South 87 degrees 25.minutes 02 seconds East 89.89-feet; thence North 5 degrees OS .minutes East 53.50 feet to point of beginning, containing 0.11 acres, more or less, subject to the public in Towmship Road over the Southerly 33 fee: Uiereof. 7. Deed to Wallace D. Powers and ina T. Powers as DocumeniNo. 722046, described as foilo’.vs; That pa.n of Government Lot 3, Section 15. Township i 3 i, Range 40, located on the sho.-eline of Eagie Lake, which is located between Lot!, of Rosenquist Beach and the uact of lakeshore describe.d in that certain Warra.nty Deed dated November 25. 1957, and filed in the office of the County Recorder, Otter Tail County, bn November 25, 1957, in Book 243 of Deeds a: page 473; the tract hercbv conveved is also described as follo ws: Beginning at a point located South 67 degrees 30 :ninutes East 50.6 feet from the southeast corner ofLot 1, of Rosenquist Beach, according, to recorded plat, tner.ee from said described point of beginning and running .as follows; North 33 decrees 19 minutes East 128.9 feet to the shore of Eagle Lake, thence northwesterly along the lakeshore to a point located Noi'th 30 degrees 45 minutes East of the northeast corner of said Lot ! . Rosenquist Beach, thence Soutlt 36 degrees 45 minutes West to the northeasterly co.mer of said Lot 1. Rosenquist Beach,, tlience along the easterly line of said Lot 1, Rosenquist Beach (Soutli 36 degrees 45 minutes West, a distance of 15! .6 feet, more or less) to the southeast corner of Lot 1, Rosenquist Beach,' the point of beginning. S.,.Deed to Kenneth 0. Carlson and Lois .M. Carlson, in Book 449 of Deeds, page 565; said deed to Carlsor. s corrected Ln Book 522 of Deeds, page 423, described as follows; That part of.Gove.-nme.nt Lot 4, of Section 15, Township 131, Range'40, nortli of a line-Beginning center of.West side of Lot 9, Rosenquist Beacli-as of record, thence 110 feet S225W,from center of e:-:isthig township road to existing Slake; thcncc S252W to cxisling stake of West Section line .which is located 233 .feet No.nh from center of township road, which stake is also located 200 feet Nortii of the Norihwest comer of Township road right of way; e.xcept highway right of way and except those certain tracts of land conveyed to various parties by deed bn file and of record in the office of the Regtster of Deeos, Otler Tail County, State of Minnesota, described as follows: Dale of Deed May 26,1955 Dec. 5. 196i Oct. 22,1966 Oci.22,1966 Date Filed Place Filed Book 321 of Deeds, page 3S5 Boo.k 367 of Deeds, page 233 Book 404 of Deeds, page 344 Book 405 of Deeds, pace 45 May.26, 1955 • Dec. 5. 1961 Nov. 1, 1966 Nov. 23, 1966 f I Grant W. Johnson EI Dorothy Johnson ^735 20th St■ Windom, MN 56101-U30 'syo 3 g. * Domestic only. PRIORITY®FLAT RATE ENVELOPE IE RATE ★ ANY WEIGHT" [^51priority mail m PRIORITY® m MAIL /iwri^saiPRIORITY® MAIL UNITED STATES POSTAL SERVICE UNITED STATES POSTAL SERVICEVisit US at usps.comm UNITED STATES POSTAL SERVICE2 Visit us at usps.com Visit us at usps.comUbel 107R, January 2008P - m ■ Label 107R, January 2008 POSTAL SERVICE.★ M AIL ★s Label 107R, January 2008 II!(/)i.ill III .8 |S?I DATE OF DELIVERY SPECIFIED • /^, USPS TRACKING™ INCLUDED* $ INSURANCE INCLUDED* PICKUP AVAILABLE * Domestic only EP14H July 2013 OD: 10 X 5 I;1I j9£ S<5'JS'CO Hi3 o VISITUSATUSPS.COM*IIIORDER FREE SUPPLIES ONLINE PS00001000064 L& amm I I WINDOM, MN odT 01MAY 08, 18amountPRIORITY ★ M Al L ★ FLAT RATE ENVELOPE ; ONE RATE * ANYWEIGHT-uwrFof’osnLjSITtTESJfAWC£c llllllll $9.70APPLY PRIORITY MAIL POSTAGE HERE 1006 '■ 56537 R2304W120244-05 I Expected Delivery Day: 05/11/2018 USPS SIGNATURE TRACKING NUMBER: ; i II. EP14H July 2013 Outer Dimension: 10 x 59510 8145 8907 8128 1052 59i, Mr. Jeffrey Lang 814 US Highway 59 Barrett, MN 56311-4504 MI^JNIiAPTJLI5? MN 553 07 MAY 2018 PM 5 L fn- JU A 0C> ; u;. sc SJJ iii'il|iii''ili*'iijll)i*l’M''''''iMr'!i'''i'jiiiii'‘i‘i''ilil££53?-i3£4i0 d ■ t^UA/ry uKt sy^i T=ARCiC> 5Sa ' 07"'MA¥ 7>0;:lB ■ F^? 2 L Of'f^rtc^.'U (o 6J^ 0f A <^] (Te ^/T) en^J 6 f s<g. V-1/'t 30 C-*\ S't J) p l^sj^ kJ ^ S-f Pc^ It s Pi /O s y 5 ^ ye ^ foi-^ |.ijii,jl|j,ii,]Jl|iij,,",j,i,jj|il„,jj,,IJj,ji,l,fjj,J/ll|/|l,5&53~Si3&4 MINNE:AF*OaS MN SS--! a?. MAY "IS PM 4 L Alexandria Schools Employees Credit Union lllOTabbert Rd Alexandria MN 56308 Land & Resource Management Office Government Services Center 540 West Fir Fergus Falls, MN 56537 S6537-13&440 r ¥'S Tw ■4a4\\■"I'i K 1^ a t^Lk '■■TJ i*»r '- -;?■SE«:■ ’■■5 PS, $4S;i fmi§ :.-M .................. k!SI m ■ i '-'*-«i'' ', 'f-VT /^jvv :'; -',■.; ;r Wi^M§§0SS >,-:.V ^Vz'r-r-0v";^' ' j i)’ ■/ • rjEi f.*r-:--1 1t>. •r»;. i'iSI r>i ^.'1 W'ti gE?i\f: 9.T? (2 'ji .,v^ tLt '■ ■^•v>?rV-;V'>A1 ^' _ * 'feablmwmm m r^*?; •'*,N-V--0 r—• , ^^1 Tn ly I '1.II*^ r [■' tM iKg ‘r yfi <•',> y ■V1mwk.mPEraU < i“3l • IKH i;.taj>■-V {.- 'L •>->-'• 'i'm MW\R■y m-i ■M'SIS^-vn fe■y Si?21 m W.(■■ ■SS^if.11'^ fa'si1^IW h&l as:m m i ygmPji’ g| 1;^«it^,¥\ ‘-'^cxn cdour^ lv« I ( -(rt? |\€\akbor5 frof^. ■» ■;54-i {IEi* ny h«3 r E* hS if'' m a VjriAPI- l/w*■■ 1^ :| ■ V,.■•iJiSii; 4 !5f: . I ''- -i.7 ^■‘•|•■'-'*^J^''T .X hkii ' TiiiS';,L'<Rv^ :jVi\ rULVv. o-f-P dou)i^ 'Mit^^1 ^fe ‘"i-H..r -li'/'-'t ;'S.'S*’. ' r-»;" k ‘;^- ;>V r wmf. fV* "r-^.v ;i' H; 'f: r '*!' ^I# Wfli *,-3f I I Ai?l! a! St^»' m>ti <■ fjj W4 it^.RU f!2:.iivi r^,pPellog pir-q WMKWg 'Towns''’^'P TAtW SOUl'H\.I I 5.UAllCt. •iN . yO-.VVv. TT \\l if' 1M\ . y ^ir;■: ^SilSr DEAD ksl,!yi.' .. - 1 r,,. ftkJ ri/T-fc V^vTSJ '?5 .;•. 5.i«.A'il!’i ’-'-1 ..M/iii 2«s, -•^•? .5 %'>S lyfl V73 r^v'’ " 'rt-;;■f-J.At - '.•--. ^ifVR on '^;oaai\^V\(i‘P roA^ ^btXLCLVL^t OT ero^’iovv r- As posted in the Battle Lake Review, a hearing is scheduled for Thursday, May 10, at 6:30 p.m. to be held before the Otter Tail County Board of Adjustment in the Commissioner's Room of the Otter Tail County Government Center concerning several applications for variances. One of those applications is being made by Peterson Family Cabin, LLC, with regard to their property on the Southwest side of Eagle Lake, which includes lake frontage and additional property behind the frontage. This year they are requesting permission to build cabins, behind the one already on the lake frontage. They are asking for a variance to build three other cabins behind that one. The property includes a very steep hill that rises behind the lake frontage/where significant earth moving would need to be done in order to make the property buildable, which would most likely have a significantly negative impact on Eagle Lake due to erosion and runoff. Moreover, as double stacking is currently not allowed without a variance, triple or quadruple stacking certainly should not be acceptable. The Peterson family group did make a request for a variance last year for building campsites on this same property and were turned down. There was a significant turnout of Eagle Lake residents at that meeting, and we are hoping for another good turnout this year to convince the County that this variance would be a very bad idea. Concerned property owners I 4SSJ • f-r- Wayne Stein Loren Bailey <reabailey@gmail.com> Thursday, May 10, 2018 1:10 PM Wayne Stein Peterson application: May 10, 2018 From: Sent: To: Subject: To the otter Tail County Board of Adjustment regarding the Peterson application of May 10, 2018. •f . The Peterson application should be denied for the following reasons: 1. Tonight's application is similar to the two previously denied residential applications that came before the Board of Adjustment and the Planning Commission in the past several years. The applicants are now proposing to sub-divide without platting a five acre, metes and bounds described, site into four separate residential tracts that will enable them to have access to Eagle Lake through their one substandard lake frontage lot. 2. The Peterson 5 acre site is not environmentally or topographically suited for either residential or non-residentlal development due to the steep slope of the hillside. Development on this sensitive hillside increases impervious surface area, storm water and snow-melt run-off, soil erosion and the potential flooding of the lakeshore frontage homes at the base of the hill. This natural site should not be developed without a comprehensive, detailed erosion control plan drawn and implemented by a civil engineer. Any application without such a plan should be denied. 3. . Approving this application will set a precedent that will open the floodgates to a multitude of other Otter Tail County lake front owners to 9- demand the very same consideration and approval for residential tier development. The potential Increase of back lot inhabitants using Otter Tail County's 1,049 lakes is exponential, and approving this variance does not protect the lakes and their surrounding watersheds. 4. Otter Tail County has a long history of forbidding the tunneling of rear lot traffic onto the lake through the lake frontage site. This application proposes to allow that very activity which has previously been denied. Loren Bailey 37621 S Eagle Lake Trail Battle Lake, MN 56515 flAYo May 1,2018 Otter Tail County Board of Adjustment Otter Tail County Government Services Center SlOFirAve W Fergus Falls, Minnesota 56537 Subject: Peterson Family Cabin LLC Request for Variance Dear Sir: My wife and 1 are against the Peterson Family proposal to subdivide tax parcel 18-000-15-0099- 000 and change the requirements of the Otter Tail County Shoreland Management Ordinance and Otter Tail County. The current Ordinance was established to protect all property owners of Otter Tail County and should not be changed for the convenience of one party. The property in question is also extremely steep and presents other environmental issues that could negatively affect the ecosystem of Eagle Lake. The current variance application is only one in a series of variances applied for by the Peterson Family Cabin LLC over the past several years and rejected by Otter Tail County. We ask that the Otter Tail County Board of Adjustment reject the current variance request made by the Peterson Family Cabin LLC. Thank you for notifying us of the proposed change. Sincerely, William A. Shumaker William & Sandra S Shumaker 130 Pin Oak Lane Mooresville, NC 28117 Minnesota Address: William & Sandra S Shumaker 37837 S. Eagle Road Battle Lake, Minnesota 56515 May 1.2018 0Wayne Stein Board Of Adjustment Otter Tail County Services Center 510 Fir Ave W Fergus Falls, MN 56537 ^^Olg Dear Sirs: We are writing in regards to the Peterson Family Cabin LLC request for a variance on the hillside property behind their cabin. This is the third time they have tried for a variance to develop the property. We, along with many of the neighbors, are strongly against the variance as it would set a precedence on Eagle Lake to allow back lots. There Is always the problem of erosion from developing the property. We are also concerned that it could effect our property values as the property is right behind ours. Thank you. David and Judy Johnson Lot 7 - Rosenquist Beach 37667 S Eagle Lake Ln Battle Lake, MN 56515 Wayne Stein “ Kelly & Carol Hepper <rinehepper@aol.com> Monday, May 7, 2018 8:50 AM Wayne Stein Peterson Family Cabin LLC Variance Application img049.pdf From: Sent: To: Subject: Attachments: Mr. Stein, Attached is a letter from the Eagle Lake Lakeshore Association in opposition to the Peterson Family Cabin LLC variance application being presented at the Ottertail County Board of Adjustment hearing on Thursday, May 10.. Provide to board members. Please acknowledge receipt of this letter. Thank you. Kelly Hepper President, Eagle Lake Lakeshore Association f •? .1* • i I 1 ' * August 8, 2016 Planning Commission Government Services Center 540 West Fir Avenue West Fergus Falls, Mn. 56537 i Re: Peterson Family Cabin LLC Conditional Use Permit Application Dear Planning Commission Members: Thank you for your dedication to Otter Tail County and the protection and enhancement of the valuable water resources we have in the County. Also thank you for the opportunity to express our concerns in opposition to the conditional use permit application. Applicants have not demonstrated the proposed change is consistent with the general purposes and intents of the Shore Land Ordinance (the Ordinance) and therefore why the Planning Commission should EVEN consider the Conditional Use Permit. Our concerns include, but are not limited to: a. The lot, which has a township road. South Eagle Lake Trail running through it, has topographical characteristics consistent with the proposed back-lot parcels. [Eagle Lake Township regularly has to repair the impervious surface of the road due to its steepness and resulting erosion after significant rainfalls. Disturbances to the proposed back parcels could have similar erosion issues and could further adversely impact Eagle Lake, South Eagle Lake Trail and the other properties in a northward direction along South Eagle Lake Trail. b. The application's description of the frontage differs from what is recorded by Otter Tail County. Regardless of which is correct the existing legal lot is a substandard lot. The Ordinance requires residential pjanned unit developments have a setback of;50 feet from the lotline. This lot does not even come close to meeting the lotline setback requirements. c. The application does not address how the applicants will comply with the'general purposes and intents of the Ordinance as it relates to Shore Recreation Facilities asiSefined in the ordinance. Applicants have applied for 2 boat slips (shore recreation facilities) but have not demonstrated a) why they should be able to exceed the number provided;for in the ordinance and b) demonstrated how they will be in corhpliance with the County's dock and riparian use ordinance. d. The application does not address how there are practical difficulties in complying with the Ordinance. To the contrary it appears the proposed use by the property owners was caused by the land owner(s) and not due to the plight of circumstance unique to the property. Further, the application, does not address how it will not alter the"essential character of the locality". e. In substance it appears the applicants or successor owners will have a controlled access. Controlled accesses are prohibited by the ordinance. . X. f. Applicants have not adequately addressed how they will comply with the Administration and Maintenance requirements of Residential Planned Unit Developments. g. Applicants have stated they will have prepared an erosion control plan if permanent structures replace the RV's. Due to topography (severe sippes) of the land the application does not adequately address how erosion will be controlled when the driveways, the RV areas and presumed access paths from the RV areas to the riparian section of the lot are created. We have also objected to a similar variance, request the applicants filed with Board ofrAdJustment which has been tabled due to many concerns expressed. While we acknowledge the Ordinance was revised subsequent to the date of that letter, for your information, we have attached such letter of objection as much of its content is still applicable. Submitted on behalf of the Officers and Board of Directors of the Eagle Lake Lakeshore Association. Pat Prunty, President Attachment Eagle Lake Lakeshore Association (ELLA) is a 501 © 3 entity whose purpose, which is stated in our bylaws on our website, is the care, preservation and betterment of Eagle Lake. The officers and directors of ELLA have considered the variance request and do not believe it is consistent with our organization's purpose. We monitor shoreland ordinance changes and educate our members on proposed changes. We applaud the County Commissioners for adopting the ordinance and its amendments including the public input they carefully consider. We specifically monitor all variance requests on and around Eagle Lake. We do not routinely object to variance requests unless we believe they are: contrary to our purpose. This variance request should not be granted, because it is an attempt to avoid the back-lot requirements of the shoreland ordinance. Such requirements were adopted to avoid overcrowding. While the Ordinance provides a process for variances, we do not believe this variance request provides any Justification as to why it should be approved. It appears to be designed to convert one single family residential lot into possibly 4 residential units. Our current and past membership consists of a number of multi-generational families, who reside on the lake in accordance with the Ordinance by purchasing separate property and not merely overcrowding a single lot. Thank you, in advance, for all you do to protect our lakes and rivers in accordance with existing ordinances and regulations. Signed on behalf of the Officers and Directors of ELLA. Pat Prunty, President ELLA Ottertail County Board of Adjustment Government Services Center SlOFirAve.W. Fergus Falls, MN 56537 Re: Peterson Family Cabin LLC Variance Application Dear Board of Adjustment Members: As stated in our bylaws, the purpose of the Eagle Lake Lakeshore Association (ELLA) is the care, preservation and betterment of Eagle Lake and Eagle Lake lakeshore property. We monitor shorelarid ordinance changes and educate our members on proposed changes. We monitor all variance applications on and around Eagle Lake and will not object to an application unless we believe it to be contrary to our purpose. The officers and directors of ELLA have considered the variance application and strongly believe it should not be approved. The variance application is contrary to the purpose of the Eagle Lake Lakeshore Association. The applicants have previously submitted a variance application and a conditional use permit application for the subdivision of the subject property. These applications were denied. We encourage you to review the applications and the reasons for denial. The letters written on behalf of ELLA in Opposition to the applications are attached and are for the most part applicable to this variance application as well. The plan of the applicants does not appear to have changed. i The approval of this variance application sets the undesirable precedent of allowing residential developments on steep hillsides within the shoreland of a lake and creates an environmental situation where in all likelihood there will be Increased water runoff from the hillside impacting the road (trail), the lake and lakehomes below. In addition, the creation of this residential development will cause overcrowding of the area with the 4 residential lots all using lake access from a substandard riparian lot allowing for a controlled access which is prohibited. As emphasized in previous letters of opposition by the Eagle Lake Lakeshore Association, our current and past membership consists of multi-generational families, who reside on the lake in accordance with the Shoreland Ordinance by purchasing separate property and not merely overcrowding a single substandard lot. Signed on behalf of the Officers and Directors of ELLA Kelly Hepper, President ELLA ■■■■ -i •' .• r Wayne Stein Ruth Gallagher <ruth.gallagher@yahoo.com> Tuesday, May 8, 2018 11:03 AM Wayne Stein Peterson Variance Request From: Sent: To: Subject: Mr. Stein and the Board of Adjustment for OtterTail County: I am writing to oppose the proposed subdivision by the Peterson Family in their variance request on Eagle Lake. I have been a property owner on South Eagle Lake Trail for 35 years and. have previously indicated my concerns on this development. This type of proposed development impacts the surrounding property owners in respect to environmental impact and is not conducive for the terrain/hillside on South Eagle Lake Trail. I am concerned about multiple dwellings with access to'one lakeshore lot and the activity resulting in a densely populated area. More importantly, I am concerned this may set a precedence for future proposals on back lots of Eagle Lake. Finally, this type of development is not sympathetic to preserving the beauty and clarity of Eagle Lake. Please consider my concerns and reject the proposed variance requested by the Peterson Family. With regards. Ruth Gallagher 37599 S. Eagle Lake Trail 1 Wayne Stein Gene Curtis <gene.curtis21@yahoo.com> Tuesday, May 8, 2018 8:26 PM Wayne Stein Gene Curtis Application for Peterson Family Variance - BOA Meeting on Thursday, May 10, 2018 at 6:30 pm From: Sent: To: Cc: Subject: Dear Board of Adjustment Members: We have owned our property on Eagle Lake since 1984 and have been permanent residents on the lake since 2001. We strongly disagree with the variance being requested to subdivide'the Peterson parcel. Residents and land owners of Eagle Lake know that Eagle Lake's pristine water is not by accident. Residents and the lake shore association have closely monitored its quality for years and great pride is taken in protecting that quality. As a lakeshore community, we have agreed that such developments as represented by this proposal could have a negative environmental impact on the quality of Eagle Lake. Such developments run the risk of land erosion and run off, as well as adding more structures and human traffic than the footprint of the lake should be expected to handle. We believe this proposal and possible future proposals following this same path are not in the best interest of Eagle Lake. Eagle Lake is a private lake without commercial property, multi-dwelling units, marinas, or 2nd tier dwellings that sit on less than 5 acres per residence. The 5 acre requirement per dwelling protects the quality and usage of the lake. As a year round home owner, we strongly oppose any type of development that has even a possibility of negatively impacting the environment or the values of Eagle Lake. Gene and Tamara Curtis 1 Ottertail County Board of Adjustment Government Services Center 510 FirAve. W. Fergus Falls, MN 56537 R^cesvED J92018 OTTEK iMiL^.^.rtU01T0R FERGUS FALLS, MNRe: Peterson Family Cabin LLC Variance Application Dear Board of Adjustment Members: Unfortunately we are traveling and can't attend your meeting. I have been on Eagle Lake for over 60 years and my husband for over 40. Until I finished college I was at my parent's cabin and then my husband and I bought our own cabin that we were in for over 30 years. Our cabin was just to the north of the Peterson's by a few cabins and we used the same access road as the Peterson's do. The road has a steep hill to get down to our cabins and the township has had difficulty controlling the erosion on the road. While the Peterson's have a fairly large lot it is substandard in that they have considerably less lakeshore footage than is required on a general development lake. Additionally, most of the acreage on the Peterson lot has hills and steep bluffs, similar to the access road we both used. Any further development on their lot creates additional erosion and environmental impacts on Eagle Lake. We are also concerned about overcrowding by creating several lots where multiple families use a substandard lot to access the lake. We choose to buy our own property rather than overcrowd my parent's lot (which by-the-way is a standard lot). It was the right thing to do for the lake. Thank you for what you do to protect our lakes for the sake of our children and grandchildren and the future generations. l/fy\/nA\ Connie Prunty, Eagle Lake Property owner RECEIVED MAY t C 2018 ' ANDSRESOORCE Date: May 7, 2018 To: Land and Resource Management Otter Tail County Planning Commission County of Otter Tail V III ^ rl^llb n 540 West Fir street Fergus Falls, MN 56537 From: Grant & Dorothy Johnson: Owners of Lot 10 in Rosenquist Beach and .59 acre tract westerly of Lots 10,11, and 12 in Rosenquist Beach (westerly of South Eagle Lake Trail). Re: Hearing for Variance for Peterson Family Cabin LLC for part of Sec. 15-131-40 scheduled for May 10, 2018 at 6:30 p.m. 1. Our family could be impacted considerably by the proposed variance. The proposed splitting or combining of these parcels have some land with considerable slope. Almost all of this land and A ^ La a I .A .A aJ t .A A Ia a f a la. . .A Aa.AAAA A ^ a] A . . 1a 1 • . A aA ^ 1a A .A-..AA 1a A .* A f A A .* A A ^ a1 .A A < . A t .A 4» A ^ La A ^ A • . • .A A 1a ^.a A. .1. .A .v/Li ici lai lu uuauiy ii i caccoo ui uuuuiii 15 u ic iiui 1 luci wi aci co; cii an 1 iiitu cue cc^wi i^i iip c^uivci c located between our .59 acre tract and Lot 11 of Rosenquist Beach. This culvert carried considerable water at times when Mr. Rosenquist (a previous owner) used the area between S. Eagle Lake Trail and MN WY 78 for putting up hay in the 1950's. It would seem to us that extra homes and lawns on the variance land could provide considerably more water getting to this culvert. 2. The 30 feet long steel culvert (12" dia.) is located midway under the 33 feet wide South Eagle Lake Trail. Linda J. Bailey is listed as the owner of Lot 11 (Rosenquist Beach) where the culvert is located about 11 feet north of the south line of Lot 11. She also claims some ownership in S. Eagle Lake Trail between her Lot 11 and our .59 Acre Tract. (See information at County Assessor's Office in Fergus Falls) We are concerned about this culvert being partially plugged or vVater uiverted tw Our 1 LMC i_agfc i-akc Side.I . t. ^ r\ A .AUWC XU Ut I Dorothy (Arfstrom) Johnson V\ Wafne Stein From: Sent: Joy <joy@joynoelle.com> Thursday, May 10, 2018 10:09 AM Wayne Stein Peterson variance letter To: Subject: r; ■ Hi Mr Stein, > I'm hoping to get this letter to the variance meeting tonight. I was planning to attend the meeting on the Peterson matter but I had an emergency appendectomy a few days ago and will not be able to attend. Thank you, Joy • V Dear Resource Management Commission, I own the property next to the Peterson cabin and I strongly disagree with the variance they are requesting. This is the third such letter I've written on this subject. 1-' Eagle Lake land owners have a long history of being stewards for the lake, taking great care in protecting its health for future generations. I believe this proposal would negatively affect the quality of the lake and the quality of property values of the immediate neighbors. In addition, the lakeshore community has made it clear that such proposals are not in the best interest of the environment nor quality of life, and I agree. The immediate impact of dividing the land and placing trailers on the three spots will negatively affect the property values of the surrounding areas since most trailer parks decrease land values of its surrounding community. The Petersons have discussed with neighbors that their wish is for just the trailer park but their is no telling what the thoughts and wishes of their children and grandchildren will be in the years to come. Having so many people using a small lakeshore spot is not healthy for the lake either. Also, dividing the land to place trailers on it will cause erosion and run-off and possible environmental impacts that could effect the lake All of this is troubling to me. 1 The above points must be taken into consideration by you, the county decision makers, as your * decisions affects not only the surrounding property ovwners but also one of the cleanest lakes in Otter Tail County. Once again, I.strongly, disagree with this proposal. Sincerely, Joy Teiken Property owner at 37657 Sent from my iPhone 2 f. ^ t May 1, 2018 OTTERTAIL COUNTY BOARD OF ADJUSTMENT ij 's^ Peterson Family Cabin LLC Dear Board of Adjustment Members, Regarding Variance Eagle Lake property owners Perry and Janet Kugler's objection to the Variance Request. 1 Shoreland Ordinance is made up of rules and regulations for a reason, and if this variance is approved there will be a precedent set in this county that opens up a can of worms that no one wants. Double decking causing drainage problems and over usage 2 Shoreland regulations are to protect the quality of the lake not harm it. 3 Has there been an environmental impact study? The existing topography will need to be changed resulting in erosion issues. 4 The Lake load itself is concerning, it's like stretching their shoreline to allow 3 more houses or campers and all these people on a 70 ft lot!! 5 This has been turned down twice. Why are we here the Third Time? Thank you for all ybi^ Perry Kugler Janet Kugler do to protect our lakes andwaters. / May 1, 2018 recbved may 0 ^ 2018 LftNO&HESniWCF Land & Resource Management Office Government Services Center 540 West Fir Fergus Falls, MN 56537 To Otter Tail County Planning Commission, Regarding the variance request for the Peterson Family Cabin LLC, at 37651 Eagle Lake Trail South, to subdivide, we do not support this type of subdivision, which in essence is a "residential planned unit development". Eagle Lake is not a lake that could support this type of development now or in the future. Thank you for your consideration. Craig & Karen Andrews 37703 S Eagle Lake Ln Battle Lake MN Mr. Jeffrey W. Lang 814 US Highway 59 Barrett, MN 56311 iTo -X/ /i7^ ~ir t,C nr C.-t.r't C ft) -r f;cL^ t il^p' ^ ^ / rt^ fu-Ti^yt- dlh^ty' h /« >^ /^(^Yiyss 7^/ix, I^Ae, /xj Ae I / / 40 / /> ^ ^I’ /•■ ZV'4: /3 44- J ^ 't >-4? Z c /"c7 tv-wpJl ^ ^ ^h}/?'Vo C-. p£>^^ i ^rtT^? i2^ ^C? 4J?/^ ^ y^O' RECEIVED IW u 9 2018 01 TER iM,■- rtUUlTORFERGUS FALLS, MN tX " \\h-\ _ANT PUBLi^vKlOMTS W THIS FORmf? ffOAP H4>0ii.. :; ■ 3^' V^-1 ■ '3 /. - 'I rii S . -?;i j • j-' U'- fi.fm tfvnce Ncrih 00riqhi.-of~\iK!y} ttfS W«rMc('ars with o Otiff iwjlgf 04 »e€Or^,:'t-iA0m M 31 'T feet U>IhsTKe rryirvte* North S3 degr f#«( ta tn. POM ot.ljtf'■Ji^ ■m d lOR \ # ! ^f/r^IIlf aII I I I \iI■ I 15 sE;II I® ■4* '-4' ■I 1 ^ •fI |i:_I I tttr ft/ht /Lfl#cr scum BACLe LAKS UOAO #.I j f.' —/I I044.701 gASLB- ■\jV— :<r•-:lakm ummB-'* PEmBERTON LAW April 13,2018 Land and Resource Management Government Services Center 540 Fir Avenue West Fergus Falls, MN 56537 Peterson Family Cabin, LLC - Variance Application Our File No. 2014-7027 IN RE: On behalf of the Peterson Family Cabin, LLC, I am enclosing the following: 1. Variance Application; 2. Proof of Ownership - Quit Claim Deed recorded April 8, 2013 as Document No. 1125877; 3. Original and six copies of the Certificate of Survey depicting the proposal; and 4. $500.00 application fee. The lot lines, right of ways, and areas of consideration have been staked. We understand that the matter will be scheduled for hearing before the Board of Adjustment with a May 10, 2018, hearing date, and an overflow hearing date of May 17, 2018. Sini 'y. C Robert W. Bigwood r.bigwood@pemlaw.com MSBA Board Certified Real Estate Law Specialist ko Enclosures Pemberton Sorlie Rufer Kershner pllp 110 North Mill Street Fergus Falls, MN 56537 Office 218-7 36-5493 www.pemlaw.comFax 218-736-3950 Notice of Hearing for Variance Otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTCRTflll 1 Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: I Peterson Family Cabin LLC - C/O David Peterson 1345 Lori Ave Detroit Lakes, MN 56501 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 6:30 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.r •; The property concerned in the application is legally described as Part of Government Lot 3, all of Government Lot 4 and Part of the Southwest Quarter of the Northwest .Quarter, Property Address - 37651 Eagle Lake Trail South - 56515 Section 15, Township 131, Range 40 - Township Name - Eagle Lake Lake No. 56-253, Lake Name - Eagle, Class - GD The variance requested is the following: The variance request is to subdivide without platting tax parcel 18-000-15-0099-000, a 5;05-acre parcel (county auditor lists it as 7.9 acres) located within shoreland near Eagle Lake (56-253 GD) in Eagle Lake Township. The proposed subdivision consists of three backlots (86,520 square feet; 66,866 square feet; 50,622 square feet), together with a fourth backlot tract (15,921 square feet) which is adjacent to and to be permanently affixed to4akeshore tax parcel 18-000-99- 0294-000, 37651 s. Eagle Lake Trail. This backlot tract contains the septic system for that parcel and enlarges the lakeshore parcel to an aggregate area of approximately 25,527 square feet. i-i “Wayne Stein Board of Adjustment Secretary April 20, 2018 I i. 1 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; Peterson Family Cabin LLC, % David Peterson, 1345 Lori Ave, Detroit Lakes,MN 56501 Eagle Lake Assoc., Kelly Hepper, 38079 S Eagle Lake Rd, Battle Lake,MN 56515 Darlane Miller, Twp Clerk of Eagle Lake, 12294 State Hwy 78, 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: 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 1' 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. i ! Dated: April 23rd, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment r->■ By: Vi Manderud !'I i JEFF & GINA L ACK.ERSON 23828 HIGHLAND DR FERGUS FALLS, MN 56537-8170 CRAIG R & KAREN A ANDREWS IIIOTABBERTRDNW ALEXANDRIA, MN 56308-4921 LOREN & LINDA J BAILEY 37621 EAGLE LAKE TRL S BATTLE LAKE, MN 56515-9554 1; CYNTHIA B BERNARDONI 830 TOLLGATE RD ELGIN, IL 60123-9300 THOMAS BERNARDONI 830 TOLLGATE RD ELGIN, IL 60123-9300 JAMES R BRAUN 37719 EAGLE LAKE LN S BATTLE LAKE, MN 56515-9512 i !SCOTT & MARY DAHL 37650 EAGLE LAKE RD S BATTLE LAKE, MN 56515-9553 CRAIG R & CAROLE A DAVISON 13472 STATE HIGHWAY 78 BATTLE LAKE, MN 56515-9552 CYNTHIA L ENGELKE 8N859 HOPES RD ELGIN, IL 60124-8527 ii i ■ RUTH GALLAGHER 37599 EAGLE LAKE TRL S BATTLE LAKE, MN 56515-9519 DAVID L & JUDY D JOHNSON 37667 EAGLE LAKE LN S BATTLE LAKE, MN 56515-9553 GRANT W & DOROTHY E JOHNSON 735 20TH ST WINDOM, MN 56101-1130:; I JANET I KUGLER LIVING TST 37681 EAGLE LAKE LN S BATTLE LAKE, MN 56515-9512 JEFFREY LANG 814 US HIGHWAY 59 BARRETT, MN 56311-4504 LANGMAACK FAMILY REVOCABLE TST 761 CAMERON DR ORANGE PARK, FL 32073-8402 ! i JEFF W & PAULA R MARTENSON 37504 EAGLE LAKE RD S BATTLE LAKE, MN 56515-9553 JUNE LAVALLEUR 70349 476TH AVE JACKSON, MN 56143-8514 WAIVAJ MURRAY p6 BOX 1014 ELBOW LAKE, MN 56531-1014 i PETERSON FAMILY CABIN.LLC 1345 LORI AVE DETROIT LAKES, MN 56501-4203 . OLSON FAMILY LIVING TST 37654 EAGLE LAKE RD S BATTLE LAKE, MN 56515-9553 JULIE KAY RETTIG 942 MAIN ST BRECKENRIDGE, MN 56520-1012 SCOTT SANDBERG ET AL 4271 EAKEN AVE SE DELANO, MN 55328-5215 NORBERT B & BONITA SCHNEIDER 310 COUNTY ROAD7 SW GARFIELD, MN 56332-8227 WILLIAM & SANDRA S SHUMAKER 130 PIN OAK LN MOORESVILLE, NC 28117-7501 STATE OF MINNESOTA PO BOX 45 SAINT PAUL, MN 55155-4045 JOY N TEIKEN 4200 ELLIOT AVE MINNEAPOLIS, MN 55407-3155 TO THE PUBLIC ALVIN C VOGT ET AL , 1764 SHEFFIELD DR ELGIN, IL 60123-1262 ALVIN C TRUSTEE VOGT 1764 SHEFFIELD DR ELGIN, IL 60123-1262 JEFFREYJ WOELL PO BOX 1336 LEONARDTOWN, MD 20650-1336 ; ... 1125877 DOC# 1125877No delinquent taxes and transfer entered; Certificate of Real Estate Value ( 1125877 Fee: $46.00 Certified. Filed, and/or Recorded: Well Certificate [ ] Rec'd April 08, 2013 1:00 PM OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY. MINNESOTA) not required.) filed Certificate of RealEstate Value No— S 3o|3 (Year)Wendy L. Metcalf, Recorder Wayne Stein, County Auditor Returned To: PEMBERTON SORLIE RUFER i KERSHNER ALEXANDRIA 123 3RDAVEE SUITE 600 (ENV) ALEXANDRIA. MN 56306 Qby / Deputy 1%'DOO- By: LL V (Top 3 inches reserved for recording data) QUIT CLAIM DEED lndividual(s)to Business Entity © DATE: April 5,2013DEED TAX DUE: $1.65 FOR VALUABLE CONSIDERATION, Beverly J. Peterson, a single person (“Grantor"), hereby conveys and quitclaims to Peterson Family Cabin, LLC a Minnesota limited liability company uhdeFthe laws of the State of Minnesota (“Grantee"), real property in Otter Tail County, .Minnesota, legally described as follows:T© The Northerly 15 feet of Lot Eight (8) of Rosenquist Beach andlot Nine (9), except that part of Lot Nine (9) of Rosenquist Beach according to the plat thereof on file and of record in the office.of the Register of Deeds of Otter Tail County, Minnesota, described as follows: Commencing at a point that is 53.8 feet southwest of the northwest corner and on the west line of said Lot thence following the west line of said Lot in a northwesterly direction 53.8 feet to the northwest corner of said Lot thence northeasterly along the north line of said Lot to the northeast comer thereof thence in a southwesterly direction along the east line of said Lot 50 feet thence southwesterly across said Lot'in a straight line to the point of beginnii^^^ i! QAND ©COUNTY OF OTTER TAIL ESOTASEE ATTACHED EXHIBIT A FOR CONTINUED LEGAL DESCRIPTION )STATE Or MINN DEED TAX S yj number‘^DATE — XT ^ CONSIDERTATION FOR THIS TRANSACTION IS LESS THAN $500.!©tv Check here If all or part of the described real property is Registered (Torrens) □ ©together with all hereditaments and appurtenances belonging thereto. Check applicable box: D The Seller certifies that the Seller does not know of any wells on the described real property. Q A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: n I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor iVBeveriR J. Peterson 1 I Page 1 of 2ECB-1032 Page 2 of 2 QUIT CLAIM DEED Slate of Minnesota, County of Douglas This instalment was acknowledged before me on April 5, 2013, by Beverly J. Peterson, a single person, Grantor. 0)ujlri A. — isignaturJof notarial officer) (Stamp) IJULIE A. HASEMAN NOTARY PUaLiC-MINNESOTA | ^ “fy Comm. Exp. Jan. 31,2015 1 Title (and Rank): Notary Public ZXojt\. > XX) i 5^ (fmiln/iiiyfyeai} My commission expires: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: THIS INSTRUMENT WAS DRAFTED BY: Julie A. Haseman, #202356 Pemberton Law Firm 123 Third Avenue East, Suite 600 Alexandria, MN 56308 (320) 759.3143 (p) (320) 759.3144 (f) i.haseman(5)pemlaw.com (e) Our File No.; 2013-2619.333/cw PETERSONBJ\DOCS2013-2619.333\QCD.DOC Peterson Family Cabin, LLC do Beverly J. Peterson P.O. Box 175 Elbow Lake, MN 56531 I . i 1 { [ I Exhibit A Ti'2i part of GovcruiTiCiit Lot 4, and that part ot Governmsat Lot 3, and ih'a S\v 'A oi i4 vV 1) ing N'o.-th of the township rood, of Section 15, Township 131, Range 40, except the area planed and subdivided as Rosenquist Beach, except highway and roadway right of w'ays, and except the following tracts conveyed to various parties, described as follows, to-wii: 1. Deed to Ernest M. Munkins, et al in Book 321 of Deeds, or. page 3S5, and desenbed as follows: That part of Gove.Tums.nt Lot 4, of Section 13, Township !3i, Range 40, described as follov/s, to^wit: Begiru'.ing at a point described as follows, East 559.C feet from tire N W corner of said Section 15 to an iron pipe, the.nce South 06 degrees 5S .minutes East 415 feet to the place or beginning, thence running in a Westeriy direction at right angles to last line a distance of 144 feel; thence in a Southerly ar.d Southeasterly direction 119 feet, mo.'e or less, to a point on.lheNortiiwesterly hue of Lot 13 of Rose.nquist Beach 144 feet from the NE corner thereof; thence ru.mii.ng on and aiong the N'orth-.vesteriy line of said Lot 13 a distance of 144 feet to the NE corner thereof, thence running 100 feet to the place of begitaning. 2. Deed to James L. Reine in Book 367 of Deeds, o.n page 233, and described as follows; All that part of Go'.e.Tumeni Lot 4, ofScction 15, Township 131, Range 40, OtterTail County, Minnesota, described as follows: Beginning al the NW corner of said Section 15; thence South along the Section line 924.5 feet; the.nce North 63 degrees 34 minutes East 624 feet to a point or. the \Vesterly boundary line of the tract l-mowm as “Rosenquist Beach’’ according to the survey and plat recorded in the office of the Register of Deeds of Otter Tail County, Mirmesota, thence .mnning in a ge.-.e.-ai No.-thwcsccriy direclio.n aiong said V/este.-ly boundary li.ne 93.S feet to the North-west co.'-ner of said Rosenquist Beach; thence North. 12 degrees 33 minuie.s East 140.5 feet; thence North 69 , degrees 30 .minutes East 100 feet more or less to the waters edge of Eagle Lake (said point on w-at-ers edge being located 101 feci .measured along the lakcshore i.n a genera! Northerly di.-eclio.n from, its i.-.tersection wit!', the Northerly boundary line of said Rosenquist Beach); thence running in a general No.-iiie.-|y direction a distance of 4i6 .feet .mo.'c or less along said lakcsiiorc to the North line of said Scctio;' 15; thence West along said Section lino to the poi.n! of beginning, and containing 9.S5 acres, more or less, of which th.e West 2 acres in State of Minnesota highway right of way. ! 3, Deed to Er.nest M. Hu.nkins ct ai in Book 404 of Deeds, page 344 a.nd described as follows, to-wit: Parcel L-Part of Gove.mment Lot 4, in Section 15, Tow;-,ship 131, Range 40, Otter Tail County, Mi.nnesota, described as follows: Beginning at the NW co.mer of R.oser.cu;st Beach, a recorded plat, iltence North 12 degrees 32 minutes East 140.5 feet, to the NW corner of the tract already ov.-ned by the parties of the second pan he.-cin; thence Southeasterly 119 feet along the Southwesterly line of the tract already owned by said panics of the second part to Lite Northwesterly boundaiy line of said Rosenquist Beach, thence Southwesterly alone said line S4.S feet to the point of begi.miing, containing 0.12 of an acre, more or less. ; ! 4. Deed to Philip .A. .Arfslrom and Katherine B. .Arfsirom, husband and wife in Book 405 of Deeds on page 45, lo-wit: .'’r.rcel .M-Pert of Gos'crr.mcni Lot 4, of Section i 5, To'.viis.hip 131, Range 40, Otter Tail County, Minnesota, described as follows: Commencing al the NV-'' corner of Rosenquist Beach, a recorded plat, the.nce ruinning on an assumed bearing Soutii 36 degrees OS minutes East 93.S feet along the Soutlv.vesterly bounda.'y line of said Rosenquist Beach, thence South 63 degrees 34 .minutes V/est 6.5 feet, to the Westeriy side of the road as now located, and the point of beginning of ll-.e within described tract; ihcncc South 63 degrees 34 ntii.utes West S5 .feet, tlier.ce Soutii 30 degrees 21 mi.nutes East 314.4 feet; thence No.rth 63 degrees 34 minutes East S3 feet to the Westerly side of said road; liicnce North 34 degrees 05 minutes West 115.6 feet along said read, thence North 2S degrees 13 niimites West 199.1 feet alone said road to the point of begiani.ng, containi.ng 0.6 of an acre, more or less. : •V- 5. Died to Kcnr.etn 0. Carlson and Lois M, Carison, in Bool: -496 of Deeds, page 577, desc-ibed as ibllo'-vs: An 29.S foot, more or less, strip of lane lying adjacent to and south of the description wlitch follows ■ and north ofthe existing to-.v.nship road, in the E ’/; ofNV/ ’/. ofSection 15,Township 151, Range 40: .-Ml that pant of Government Lot 3, in Section 1 5, Township :3i. Range 40, described as follows: Segirjring at a point, in the center line ofthe public road, located South 65 degrees 40 iTunutes ’'■Vest 206 feet; Ihence South 74 degrees 2S minutes West 106 feet; thence South 84 degrees 2S minutes '.Vest 51 feet; tltcn.ee Nortlt S9 eegrees 20 minutes V/est 109.2 leet trern a point o.n the East line Oi said Government Lot 5, ! 199 feet North front the southeast corner thereof; titence from said cisci'ibcd point of beginning and running North S4 degrees 52 minutes V/'est 89.S feet along said roac li,ne; thence North 5 degrees 3 minutes East 60 feet to the shore line of Eagle Lake; tlicnce Easterly 39 feet more or less along said lake shore to a point located North 5 degrees 3 minutes East 64 feet from the above described point of beginning; thence Soutinvestcriy in a straight line to iite point of beginrdi’.g, and containing 0.13 of an acre, ,Tiorc or less. 6. Deed lo Jc.-ald Freise in Book 499 of Deeds, page 303, to-wit: Thai part of Gover-cment Lot 3, Section ! 5, Township 131, Range 40, described as follo'A-s: Co.-mencing at center of said Section 15; tlience on an assu.med bea.nng of Nonh on the Easierly line of said Government Lot 3, for a distance of i 199 feet; thence South 65 degrees 40 minutes West 206 feet; thence South 74 degrees 2S minutes West 106 feet; thence South 84 dcg.'ees 23 minutes \vest 51.0 feet; thence North S9 degrees 20 minutes West 109.20 feet to point of beginning of tract to be described; thence Nortii 84 degrees 52 minutes West 89.SO feet; th.eiice South 5 degress OS .minutes West 57.5 feet; thence South S7 degrees 25 minutes 02 seconds East S9.S9 feet; thence Nortii 5 deg.-ees OS minutes East 53.50 feet to point of begirming, containing 0.1 1 acres, more or less, subject to the public in Towarship Road over the South-erly 33 feet thereof. 7. Deed to Wallace D. Po'wers and ina T. Po'wers as Document No. 722046, described as fo.'lo'.vs: That pari of Gove—jner.t Lot 3, Section 15, Tow.nship 131, Range 40, located on the sho.-eline of Eagle Lake, which is located between Lot 1, of Rosenquist Beach and the tract of lakeshore described in iitat certain V.-arrani;.' Deed dated .No'/e.mber 25, 1957, a.-d filed i.n the office of the County Recorder, Otter Tail County, on November 25, 1957, in Book 243 of Deeds at page 473; the tract h.ereby con-reyed is also described as folio'ws; Beginning at a point located South 67 degrees 30 minutes East 50.6 feet fro.m the southeast corner of Lot 1, of Rose.'.quist Beach, according to recorded plat, thence from said described poi.nt of beginning and running as follo'-vs: Nortlt 33 degrees 19 East 12S.9 feet to the shore of Eagle Lake, thence r.o.-tiiwcstcrly along the lakesiiore point located North 30 degrees 45 minutes East of the northeast corner of said Lot !, Rosenquist Beach, thence Soudt 36 degrees 45 minutes West to the northeasterly co.mcr of said Lot 1. Rosenquist Beach, thence along the easterly line of said Lot 1, Rosenquist Beach (Soutli 36 degrees 45 minutes W'est, a distance of 151.6 feet, more or less) to the southeast corner of Lot i, Rosenquist Beach,'the point of beginning. center minutes to a i I S. Deed to Kenneth 0. Carison and Lois .M. Carlson, in Book 449 of Deeds, page 565; said deed to Carlson s corrected i.n Book 522 of Deeds, page 423, described as folloivs; That part of Government Lot 4, ofSection 15, Township 131, Range'40, nortJi of a line-Begi.nning: center of Vr'est side of Lot 9, Rosenquist Beach as of record, thence 110 feet S225W from center of existing to'.vnship read lo existing stake; thence S252W to c.'xisling stake of West Section line which is located 233 feet North from center of to'.vnship road, whicli stake is also located 200 feet North of the Northv.-est corner of To'wnship road right of way; e.'tcepi high'way right of way and e.xcept those certain tracts of land conveyed to various parties by deed on file and of record,in the office ofthe RegiS'ter o: Deeas, Otter Tail County, State of Minnesota, described as follows: Dale of Deed May 26, 1955 Dec. 5, 196: Oct. 22,1966 Oct. 22, 1966 i I I IDate Filed May 25, 1955 Dec. 5, 1951 Nov. 1, 1966 Nov. 23, 1966 Place Filed Book 321 of Deeds, page 385 Book 367 of Deeds, page 233 Book 404 of Deeds, page 344 Book 405 of Deeds, page 45 I I -■w