HomeMy WebLinkAbout17000020019001_Variances_04-14-20161173085
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
04/19/2016 9:39 AM
O
'CO,—
CO
cn FEE: 46.00
PAGES 3
WELL CERTIFICATE REC’D: NiCsJ - ■X
'CO
VAL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
Receipt Number ?jf)lI~\0
Accepted By / Date
COMPLETE THIS APPLICATION IN BLACK INK
Allchati A.
MAILING ADDRESS 3/.^ 5 A/^ T^l \> 59^10^
LAKENUMBER ~7 ! LAKE NAME /////f 'P^.AlC/^hJ
/37
£v!Lhis>obl 701'795 J^30PROPERTY OWNER DAYTIME PHONE
/f3>______LAKE CLASS
3>U/s! tJSECTION TOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS 6>
r- A ^. /aa isl /
/i/ 700 007 oo / 9oo I
^ r-o X T\N F -137LEGAL DESCRIPTION
pr GL-/0 36 5/^ t\J I ,
w N Sb S)ed> /S /o'
5 I W S ^)
TYPE OF VARIANCE REQUESTED (Please Check)
Misc. ,)CStructure Setback Structure Size Sewage System Subdivision Cluster WECS
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
, THIS WILL BE USED FOR PUBLIC NOTIFICATION. , j ^ a ^ . r/') h ^<.l/<pcu c/^3 ior —
duJtlhn^ ■^c’/'oho S ^ T'/ydh' /L
0//NL ac k
3 c?'p(jr/<?o c iop o ^ cx bl^fQ ^
PA t niaJ a f(prt^i/^i'/anfci dncP 7c>r o' ^
tlu/^-
p! dcer'
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE I SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
/!£3^3 AM/Cg/f7 A—
SIGNATURE ROPERTY OWNER / AGENT FOR OWNER DATE
APPLICANT MUST BE PRESENT AT THE HEARING . f (k n •(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345 194 • Victor Lundeen Co Printers • Fergus Falls, Minnesota
d>: /?/>?,Date Of Hearing Time
Motion
Michael G. Evenson - Approved the variance requested from the bluff and denied the variance as requested for
the structure height. (6:38 p.m.)
After consideration and discussion, Paul Larson made a motion to deny the variance as requested. This motion died for
lack of a second. After additional discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud
to deny the variance as requested for the structure height and to approve the requested bluff variance. This motion
failed to pass with Rod Boyer, Paul Larson and Steve Schierer voting no. Thomas Lee made a motion, seconded hy
Paul Larson to deny the variances as requested. This motion was withdrawn prior to a vote for additional
consideration. After additional consideration, Paul Larson made a motion, second by Thomas Lee and carried with
Steve Schierer voting no, to deny the variance as requested for the structure height and to approve the requested bluff
variance. The Board noted that granting a variance for the additional height would not be consistent with past
decisions. The approval of the requested bluff variance should provide the applicant with a reasonable use of his
property. It was noted that the applicant has a large lot which would allow the applicant the ability to set the proposed
structure in a location that would not require a variance for the height of the structure; however, this location would
require additional excavation and cost. A narrower building was also suggested as a possible solution for the applicant
to consider,
Chairmari/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
/kuLhJiO AjikjHf
A L R Official/D^e 'Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
. 1.
983547
No delinquent taxes and transfer entered; Certificate of
Real Estate value ( c^ftled ( )
Certificate of Real Estate Value No-----DYaDO'-
; OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument ff—
was filed/recorded In this office' for recond on the_£__day of
2005 ali/^
983547
!imWayne Stein, County Auditor
, „ ‘9^. -
well certifK^e
i ir
-gipyfyby;_4
Q (reserved for recording data)
STATE DEED TAX DUE HEREONf S 1.237.50
Date; September 2, 2005.
COUNTY OP OTTER TAIL
STATE OF MINNE) DEEOtAXsJ^
number /Q
date
■A
L50yS9CfA
TRUSTEE'S DEEDTFOR VALUABLE CONSIDERATION^harles W. Green, Trustee of the Charles W. Green Living
Trust dated March 30, 2001, GRANTOf^hereby convey(s) to Michael G. Evenson and
Deborah B. Evenson, husband and wife, GRANTEES, as joint tenants and not as tenants in common,
real property in Otter Tail County, Minnesota, described as follows;
Ail that part of Government Lot Nine (9) and that part of Government Lot Ten (10) in
Section Two (2), Township One Hundred Thirty^even (137) North, Range Forty-two
(42) West of the Fifth Principal Meridian in Otter fail County, Minnesota, and that part
of Sub-lot One (1), in Government Lot Nine (9), Section Two (2), Township One
Hundred Thirty-seven (137) North, Range Forty-two (42) West, said plat is on file and
of record in the office of the Recorder of said Courity and that part of Lot C of
Midland Beach, said plat is on file and of record in the office of the Recorder of saidKy^—\County, all described as follows: Commencing at a found cast iron monument
which designates the south quarter corner of said Section'^Tvvo (2); thence North
01 *11 '15" West 403.82 feet on an assumed bearing along the nbith-south quarter line
of said Section Two (2) to an iron monument; thence North 88'57'47" East 2.26 feet
to a found iron monument thence continuing North 88’57'47" East 99.86 feet to an
iron monument said point is the point of beginning; thence South;88*57'47" West
99.86 feet to a found iron monument; thence continuing South 88*57L47" West 2.26
feet to an iron monument on said north-south quarter line; thence N^r^ 46*36'26"
West 29.20 feet to a found iron monument; thence North 01*35'16" East 47.73 feet to
an iron monument; thence North 53 *54'54" West 98.89 feet to an iron monument;
thence North 53’54'44" West 255 feet, more or less, to the water's edge of the Pelican
River; thence northeasterly along the water's edge of said Pelican River to the
water's edge of Little Pelican Lake; thence southeasterly along the water's edge of
said Little Pelican Lake to the intersection with a line which bears North 01’27'14"
East from the point of beginning; thence South or27'14" West 27 feet, more or less,
to an iron monument; thence continuing South 01 '27*14" West 171.32 feet to the
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, April 14, 2016
The Otter Tail County Board of Adjustment met Thursday, April 14, 2016, with the following persons in
attendance:
Rod Boyer
Steve Schierer
Scott Ellingson, Land and Resource Management
Jeffrey Parbarcus, Assistant County Attorney
Paul Larson Thomas Lee
Ward Uggemd
Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the Febmary 11, 2016 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Frederick and Angela Kuehl- Variance application approved as requested. (6:34 p.m.)
Frederick and Angela Kuehl, Lots 7 and 9 Block 2, Pelican Beach in Scambler Township by Pelican Lake,
requested the following: Structural issues with rafters. We are requesting a variance of 40'. Required
setback is 75’. Current structure is set 35' from ordinary high water level. Proposing to raise sidewalls by
4’ and change from a multi-pitch roofline to a unifonu roofline with dormers. Current structure height is
approximately 17', proposed structure would be 27'. Additional living space would be created. No change
to impervious surface. The applicants' contractor (Doug Nelson) appeared with the applicant at the public
hearing. 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 Rod Boyer and unanimously earned,
to approve a variance of 40’ from the required ordinary high water level setback of 75' for the development
as proposed in the variance application dated January 30, 2016 and as depicted on the various drawing
submitted with the variance application. The following was noted: 1.) the existing building footprint will
not be changed by the proposed development, 2.) the Boards action is consistent with past decisions, 3.) the
proposed development will not increase imperious surface coverage and 4.) the existing structure is in need
of maintenance. The variance as approved does not directly or indirectly grant any other variances for the
proposed development.
Michael G. Evenson - Approved the variance requested from the bluff and denied the variance as
requested for the structure height. (6:38 p.m.)
Michael G. Evenson, part of Government Lot 10, Section 2 of Dunn Township by Little Pelican Lake,
requested the following: 1.) Request variance to allow 23’ building height for non-dwelling motor
home/boat storage that will be approximately 300’ from ordinary high water level on a "back lot”. 2.)
Request 30' variance from top of a bluff for placement of the new aforementioned structure and for 0’ from
top of bluff. The audience was polled with no one speaking for or against the variance as requested. After
consideration and discussion, Paul Larson made a motion to deny the variance as requested. This motion
died for lack of a second.
Page I 1
J
,, «. » I.-
April 14, 2015
Michael G. Eveiison - Approved the variance requested from the bluff and denied the variance as
requested for the structure height. (6:38 p.m.) - Continued
After additional discussion and consideration, Thomas Lee made a motion, second by Ward Uggerud to
deny the variance as requested for the structure height and to approve the requested bluff variance. This
motion failed to pass with Rod Boyer, Paul Larson and Steve Schierer voting no. Thomas Lee made a
motion, seconded by Paul Larson to deny the variances as requested. This motion was withdrawn prior to a
vote for additional consideration. After additional consideration, Paul Larson made a motion, second by
Thomas Lee and carried with Steve Schierer voting no, to deny the variance as requested for the structure
height and to approve the requested bluff variance. The Board noted that granting a variance for the
additional height would not be consistent with past decisions. The approval of the requested bluff variance
should provide the applicant with a reasonable use of his property. It was noted that the applicant has a
large lot which would allow the applicant the ability to set the proposed structure in a location that would
not require a variance for the height of the stmeture; however, this location would require additional
excavation and cost. A narrower building was also suggested as a possible solution for the applicant to
consider.
Judith Siggerud - Variance application approved as requested. (6:55 p.m.)
Judith Siggerud, part of Lot 2, Outlet Beach Second Addition in Lida Township by Lake Lida, requested the
following: The old building (16 by 24) flat roof will be replaced with new building (16 by 24) with 2/12
sloping roof. The roof line will not exceed the 10' maximum allowed. Building will be built same spot as
old building. Variance request is to change roof slope. The applicant was represented at the public hearing
by Ms. Klemin. The audience was polled with Wajme Johnson explaining the location of the proposed
septic system and the impact on impervious surface coverage. After consideration and discussion, Paul
Larson made a motion, second by Thomas Lee and unanimously carried, to approve the replacement of the
existing 16' by 24’ flat roof structure with a new 16’ by 24’ building having a 2/12 pitched roof in the same
location as the existing building with an overall height of 10’ or less as described in the variance application
dated February 15, 2016 and as depicted on the drawing submitted with the variance application. The
proposed development could be considered maintenance and the proposed development will not change the
impervious surface coverage. The only significant change is the pitch of the roof The variance as approved
does not directly or indirectly grant any other variances for the proposed development.
Jeff and Stacey Olsen - Variance application approved as requested. (7:00 p.m.)
Jeff and Stacey Olsen, part of Lot 10, William Reese’s Lakeshore in Rush Lake Township by Rush Lake,
requested the following: Changing pitch and roofline on existing stmeture. Setback to lake is less than
required. Requesting a variance of 31 ’ to build at 44’ from the ordinary high water level. Existing 12’ deck
will be removed and replaced with an addition in the same location. Other additions to cabin meet setback
requirements. 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 Ward Uggemd and unanimously
carried, to approve a variance of 31 ‘ from the required ordinary high water level setback of 75’ for the
placement of the proposed development as described in the varianee application dated January 29, 2016 and
as depicted on the drawing submitted with the variance application 44' from the ordinary high water level.
The variance as approved is consistent with past decisions of the Board of Adjustment. The proposed
development is a single story structure. The variance as approved does not directly or indirectly gi'ant any
other variances for the proposed development.
Page I 2
IMPERVIOUS SURFACE CALCULATION
List & identify all existing reposed onsite impervious surfaces on scale drawing.
Lot Area (ft^): ^01 Signature;Date:
Buildings Other Impervious Surface
Existing Proposed Existing Proposed
Ft^Ft^Ft^
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)
storage Shed Landing(s)
WOAS lOQODriveway(s)
\‘9lOORCUParking Area(s)
Miscellaneous Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
£>TOTAL BUILDINGS TOTAL OTHER
Buildings
impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
l.)<T7.100+-i-X
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
€Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
":.-i
Ft^Ft^Ft^Ft^
D 100+-i-=X
Impervious Surface Calculation Worksheet 03-25-2014
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T8C 1346.7
Notice of Hearing for Variance
m
otter Tail County
Government Services Center
510 Fir Ave W
Fergus Faiis, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER TRIl
o 1 ae o * « r
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Michael G. Evenson
3643 Fairway Road N
Fargo, ND 58102
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance.
The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, April 14, 2016 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.
The property concerned in the application is legally described as
Part of Government Lot 10,
Property Address - 26021 Ottoson Trail
Section 2, Township 137, Range 42 - Township Name - Dunn
Lake No. 56-761, Lake Name - Little Pelican, Class - RD
The variance requested is -
the following: 1.) Request variance to allow 23’ building height for non-dwelling motor home/boat storage that will be
approximately 300’ from ordinary high water level on a “back lot”. 2.) Request 30’ variance from top of a bluff for
placement of the new aforementioned structure and for 0’ from top of bluff.
Wayne Stein
Board of Adjustment Secretary
March 24, 2016
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 28th, day of March, 2016 the attached Notice of Hearing for Variance was duiy
served upon the individuals listed below and/or included in the attachment:
Michael G & Deborah B Evenson, 3643 Fairway RD N, Fargo, ND 58102 1278
Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson RD, Detroit Lakes, MN 56501
Michael Johnson, Twp Clerk of Dunn, 47979 E Lake Lizzie RD, Pelican Rapids, MN 56572
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Ward Uggerud, 933 E Cavour Ave, Fergus Falls, MN 56537
Rod Boyer, 51127 E Wymer LK RD, Frazee,MN 56544
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: March 28th, 2016
Wayne Stein, Secretary
Otter Taii County Board of Adjustment
By://u
Vi Manderud
/
EDWARD J & MARY K KAVA
2506 RIVER DR N
MOORHEAD, MN 565601425
MICHAEL G & DEBORAH B EVENSON
3643 FAIRWAY RDN
FARGO, ND 58102 1278
MARK B & CAROL A BEMENT
26035 OTTOSON TR
DETROIT LAKES, MN 56501 7061
JAMES & GERALDINE SCHNEIDER
1334 17TH AVE S
MOORHEAD, MN 56560 3745
KURT A & DEBRA L LACKMANN
26195 OTTOSON RD
DETROIT LAKES, MN 56501 9453
TODD C&JEANIEJ KOHLER
26014 OTTOSON RD
DETROIT LAKES, MN 56501 9453
EDWIN D & DARLENE STROM
25955 OTTOSON RD
DETROIT LAKES, MN 56501 9453
STOCKSTAD TST
3114 lOTH ST N
FARGO, ND 58102 1304
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 7®^ & MARCH 1^^
I understand that, due to snow cover, the Planning Commission Members
and/or the Board of Adjustment Members may not be able to view my
property/project (Tax Parcel # ^^<^a I ).
described in my
dated ______.
Application
Since this is the case, it may not be possible for Otter Tail County to meet
the legal requirement to take action within 60 days of receipt of my
completed Application(s).
Check One:
I agree to waive the 60-Day Rule in order to allow time for the
Planning Commission Members and/or Board of Adjustment Members
to view my property before taking action on my Application(s).
I—I I do not agree to waive the 60-Day Rule, and I understand that in the
absence of waiving the 60-Day Rule, the County may have no
alternative but to deny my Application(s).
DATED PROPERTY OWNER
01-03-2011
LR: Forms: Waiver 60 Day Rule 01-03-2011