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Home My WebLink About17000040063000_Variances_04-05-2012• Ll-S-ZOIl1107151 DOC# 1107151 1107151 Fee: $46.00 Certified, Filed, and/or Recorded: Well Certificate [ ] Rec’d April 11, 2012 12:15 PM Wendy L. Metcalf, Recorder OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTADate Stamp RECEIVED I’EB 09 2012 yiND & RFvSOURCE Returned To: LAND & RESOURCE By: NDB MlL&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 m."Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date '7ol-3i>l-lntoc(Snq K j &rSn^Js Tyr(an7>crintl>tue. Skiraii /nU SUSiJ 'Rs-hrLa.n CaJCe m.DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS &D5L-lTiL LAKE CLASSLAKE NAMELAKE NUMBER VcP/37 TOWNSHIP NAMERANGETOWNSHIPSECTION Tkhcan Htn / Dr)of.E-911 ADDRESS PARCEL NUMBER lldOdO J ^'?CC60^U3cc&', LEGAL DESCRIPTION ^3ee aJtAoiu.d £\chibii ^ TYPE OF VARIANCE REQUESTED (Please Check) Sewage System Subdivision Cluster WECSStructure Size Misc.Structure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ,, ^ ^oc>c>6H66(p'3c>c>6 \ are acnu^h,p. 'Parcel \1c>£)£>£>'-i06U>3£>e>'^ 1 o dere-d .^uhaiandai'o f nu. r>dA|LmenV ^rdlrvAntun Cisni\51 derf, oddrxaAxid ’:n „ <:rm aJlIouj eaeh oarceV+o bi- aGr\±>\o^T^d 4^r\-^end OY\ &exLln^ Acre p^nceJ. X UJ^^Ld -fT5 buUd Ou C.atd btUldin^ "fkiL. oi-k^rparc^i mA I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING ■ - tv I «1 ^ ^ ^(Applicant Will Receive Notification As To The Date/Time Of Hearin 345,194 • Victor Lundeen Co . Printers • Fergus Falls. Minnesota •<7. //S'•fii /TimeDate Of Hearing Motion V./' • ,. M. Faye Engkjer- Approved as requested with conditions. (7:15 p.m.) After discussion and consideration, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve the proposed subdivision as depicted on the drawing submitted with the variance application dated February 9, 2012 with the following conditions: 1) a registered surveyor’s drawing must be provided at the time of conveyance, 2) the 1.4 acres parcel (17000040063002) must be permanently attached to the lake front property, which is currently represented by Parcel Numbers 17000040062002 and 17000990856000, 3) the area within the 1.4 acre parcel cannot be used when determining/calculating impervious surface coverage for future front lot development and 4) only non-residential use structures, such as the proposed cold storage building, can be placed on the 1.4 acre parcel since this parcel is being permanently attached to the lake front property and a residential home is already located on the lake front property. It was noted that the 6.5 acre parcel meets and or exceeds all of the minimum size requirements of both the Shoreland Management Ordinance and the Subdivision Controls Ordinance; therefore, it is considered buildable for residential purposes. Chairman/OtterN ail County Board qf^djustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 072011-001 EXHIBIT “A” PARCEL ID NO. 17000040063000 LEGAL DESCRIPTION All that part of the Southwest Quarter of the Northwest Quarter, Northwest Quarter of the Southwest Quarter and Government Lots 5 and 6, Section 4, Township 137, Range 42, Otter Tail County, Minnesota, described as follows; Commencing at the northwest corner of said Section 4; thence on an assumed bearing of South 3 degrees 45 minutes 13 seconds East along the west line of said Section 4, a distance of 2088.91 feet; thence South 69 degrees 40 minutes 25 seconds East a distance of 999.40 feet to the point of beginning of the land to be described; thence South 23 degrees 52 minutes 39 seconds West a distance of 186.31 feet; thence South 6 degrees 35 minutes 19 seconds East a distance of 249.29 feet; thence North 80 degrees 04 minutes 15 seconds East a distance of 570.92 feet to the westerly line of a tract of land described in Book 495 of Deeds, page 359, as filed of public record in the office of the Qtter Tail County Recorder; thence North 8 degrees 35 minutes 21 seconds East along said westerly line of said tract of land described in Book 495 of Deeds, page 359, a distance of 70.00 feet to a found iron monument marked “RLS 7203”, being the most westerly corner of a tract of land described in Book 515 of Deeds, page 685, as filed of public record in the office of the Qtter Tail County Recorder; thence North 17 degrees 48 minutes 44 seconds East along the westerly line of said tract of land described in Book 515 of Deeds, page 685, a distance of 298.46 feet to a found iron monument marked “RLS 7203”, being the most northerly corner of said tract of land described in Book 515 of Deeds, page 685; thence South 68 degrees 06 minutes 03 seconds East along the northerly line of said tract of land described in Book 515 of Deeds, page 685, a distance of 458.80 feet to a found iron monument marked “RLS 7203”, being the most easterly corner of said tract of land described in Book 515 of Deeds, page 685; thence northerly along the westerly right of way line of Pelican Point Drive, on a non-tangential curve, concave to the southeast, having a radius of 1465.13 feet, a delta angle of 1 degree 35 minutes 29 seconds and a chord bearing North 23 degrees 03 minutes 06 seconds East, for an arc distance of 40.70 feet to a found iron monument marked “RLS 7203”; thence North 23 degrees 50 minutes 50 seconds East along said westerly right-of-way line a distance of 25.37 feet to a iron monument marked “RLS 13620”, being the most southerly corner of a tract of land described in Book 521 of Deeds, page 689, as filed of public record in the office of the Qtter Tail County Recorder; thence North 68 degrees 06 minutes 24 seconds West along the southerly line of said tract of land described in Book 521 of Deeds, page 689, a distance of 457.98 feet to a found iron monument marked “RLS 7203”, being the most westerly corner of said tract of land described in Book 521 of Deeds, page 689; thence South 81 degrees 41 minutes 23 seconds West a distance of 651.08 feet to the point of beginning. Containing 6.45 acres more or less. PARCEL ID NQ. 17000040063002 LEGAL DESCRIPTIQN All that part of Government Lot 6, Section 4, Township 137, Range 42, Qtter Tail County, Minnesota, described as follows: Commencing at the northwest corner of said Section 4; thence on an assumed bearing of South 89 degrees 27 minutes 32 seconds East on the northerly line of said Section 4 for a distance of 2000.0 feet; thence South 7 degrees 47 minutes 12 seconds East 1452.04 feet to an iron monument; thence South 42 degrees 25 minutes 38 seconds West 288.04 feet to an iron monument; thence South 30 degrees 21 minutes 56 seconds West 296.88 feet to an iron monument; thence South 26 degrees 49 minutes 37 seconds West 616.29 feet to an iron monument; thence South 20 degrees 33 minutes 29 seconds West 149.20 feet to an iron monument which designates the point of beginning of the tract to be described; thence South 20 degrees 33 minutes 29 seconds West 149.20 feet to an iron monument; thence South 70 degrees 59 minutes 06 seconds East 460.03 feet to an iron monument; thence northeasterly on a curve concave to the east, having a central angle of 4 degrees 57 minutes 29 seconds, radius of 1465.13 feet, chord bearing of North 17 degrees 34 minutes 32 seconds East for an arc distance of 126.78 feet to an iron monument; thence North 68 degrees 08 minutes 50 seconds West 453.39 feet to point of beginning. Containing 1.44 acres more or less ED April 5, 2012 Page # 2 Erling and Betty Opskar - Tabled (6:44 p.m.) Erling and Betty Opskar, Lot 10 Anderson Beach Addition, Big Pelican Lake in Scambler Township, requested the following: I am requesting a variance of 8’ from the required 20’ road right-of-way setback, a 2’ variance from the required 10’ sepitic tank setback and a variance of 8% from the maximum impervious coverage of 25% for the placement of a 20’ by 20’ car closed vehicle shelter 12’ from the road right-of-way and 8’ from the septic tank. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Randall Mann, with the verbal agreement of the applicants made a motion, second by Thomas Lee and unanimously carried, to table the applicants’ request until the next scheduled meeting of the Board of Adjustment to provide the applicants with an opportunity to consider other possible alternatives that would substantially reduce the amount of impervious surface coverage on the applicants’ property. Laura Peterson - Denied (6:57 p.m.) Laura Peterson Et Al, Lot 2 Block 2 First Addition to Engstrom Beach, Big McDonald Lake in Edna Township, requested the following: 8’ by 12’ shed to sit on exact corner as old 8’ by 8’ pre-existing deteriorating shed. Any added dimension extends to inside of lot owners property. Not pushing towards line in either direction. Proposed 10’ variance for shed to set 10’ from road right-of-way and 4’ variance for shed to sit 6’ from lot line. Appearing at the public hearing was Colleen, daughter of Laura Peterson, Margaret Rhoades (property owner) and Sharon Schoon (property owner). The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to deny the application for variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested and it was the general consensus of the Board of Adjustment that there is adequate area on the property to comply with the setback requirements of the ordinance and a reasonable use of the property can be obtained without the granting of the variance as requested. Faye Engkjer - Approved as requested with conditions. (7:15 p.m.) M. Faye Engkjer, part of the Southwest Quarter of the Northwest Quarter, the Northwest Quarter of the Southwest Quarter and Government Lots 5 and 6, Section 4 of Dunn Township by Pelican Lake, requested the following: Parcels 17000040063000 and 17000040063002 are In the same ownership. Parcel 17000040063002 is considered substandard and the Shoreland Management Qrdinance considers them attached as one parcel. I am requesting to allow each parcel to be considered buildable for residential purpose. There is a building over the line. The common lot line will be adjusted to maintain a 10 foot setback. I intend on selling the 6.5 acre parcel. I would like to build a cold storage building on the other parcel. Dave Anderson, Surveyor appeared with the applicant at the public hearing. 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 subdivision as depicted on the drawing submitted with the variance application dated February 9, 2012 with the following conditions: 1) a registered surveyor’s drawing must be provided at the time of conveyance, 2) the 1.4 acres parcel (17000040063002) must be permanently attached to the lake front property, which is currently represented by Parcel Numbers 17000040062002 and 17000990856000, 3) the area within the 1.4 acre parcel cannot be used when determining/calculating impervious surface coverage for future front lot development and 4) only non-residential use structures, such as the proposed cold storage building, can be placed on the 1.4 acre parcel since this parcel is being permanently attached to the lake front property and a residential home is already located on the lake front properly. It was noted that the 6.5 acre parcel meets and or exceeds all of the minimum size requirements of both the Shorqiand Management Qrdinance and the Subdivision Controls Ordinance; therefore, it is considered buildable for residential purposes. Kevin Cochran - Withdrawn Kevin Cochran, Lot 7 Hawes Addition, Buchanan Lake in Otter Tail Township, requested the following: Add 24’ by 30’ attached garage' to south side of existing house (connection point 79’ from lake). Add 5’ to back and side walls (Southeast) of existing house (connection point 70’ from lake). Extend deck on lake side 30’ by 7’ 6” to the west (closet point being 3814’). Existing roof will be removed and pitch changed from 6 to 2 pitch matching all roofs. Roof peak will be approximately 4’ lower than it is now. Qriginal setback is 75’, new setback be will be 3814’, request is 36/2’. application for variance was being withdrawn; therefore, the audience was not polled and no action on this request was taken by the Board of Adjustment. Prior to the scheduled hearing, the office had received both an email and a letter advising the County that the J \ \ "1 1I A \I ; 0 ^51\ rtETAL BUILDING ^.50 ACRES 1 I1 / / / PARCEL ID NO. I70000400&3000 /2EXISTING OCI I/"' A K ]« U-U.lwOtM /PROPERTY LINE LINE I /3 /BLOCK 1 / /1^4 /Hi 11:/--U I V^l INI /T1^,652 SO. FT''5 /I /PARCEL ID , !70CK»‘K)B56000 ',TU/671 G /5^ A. W'/.r R/H LINE OF PELICAN POINT DRIVE IX '/ A I I \ X V I -AX ^ITF MAP \ 'I n/; A \ X .{,51 \ ! nETALBuiLaNa ! 6.50 ACRES EXISTINGPARCEL ID NO. nOOOOAOOiSOOO i PROPERTYLINE Si Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern; M. Faye Engkjer 51628 Pelican Point Drive Detroit Lakes, MN 56501 has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, April 5, 2012 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 6, Property Address - Across the road from 51628 Pelican Point Drive Section 4, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is - Parcels 17000040063000 and 17000040063002 are in the same ownership. Parcel 17000040063002 is considered substandard and the Shoreland Management Ordinance considers them attached as one parcel. I am requesting to allow each parcel to be considered buildable for residential purpose. There is a building over the line. The common lot line will be adjusted to maintain a 10 foot setback. I intend on selling the 6.5 acre parcel. I would like to build a cold storage building on the other parcel. 'Wayne Stein Board of Adjustment Secretary Date: March 15, 2012 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 19th, day of March, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Faye Engkjer, 51628 Pelican Point Dr, Detroit Lakes, MN 56501 9484 Faye Engkjer, Twp Clerk of Dunn, 47979 East Lake Lizzie Rd, Pelican Rapids, MN 56572 Pelican Lake , Pelican Group Lake Imp. Dist., % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 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 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals listed above and/or listed in the attachment. Dated: March 19th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: V-:-'<9-CAv!:- Vi Manderud DOUGLAS J BURGUM 10TALLGRASSTRL HORACE ND 58047 9548 MICHAEL J & PEGGY L BULLINGERLISA L & R MARK ASKEW 2711 30TH AVE S FARGO ND 58103 5041 PO BOX 2426 FARGO ND 58102 2426 JOAN DUEMELAND TST ET AL 301 THAYER AVE E BISMARCK ND 58501 4017 KERMIT E BYE 3632 FAIRWAY RD FARGO ND 58102 1223 CAROL BETH BYE 3632 FAIRWAY RD FARGO ND 58102 1223 THOMAS G & KATHLEEN R FELLMAN 50 PRAIRIEWOOD DR FARGO ND 58103 4608 BULLINGER ENTERPRISES ET ALFAYE ENGKJER 51628 PELICAN POINT DR DETROIT LAKES MN 56501 9484 PO BOX 2426 FARGO ND 58108 2426 HAAKENSTAD TST ATTN HEARTLAND TST CO TSTEE JOHN A & BARBARA J GLETNE 4536 4TH AVE NW JAMESTOWN ND 58401 1920 GILL TST 7461 MCLELLAN LN E SCOTTSDALE AZ 85250 4641 PO BOX 9135 FARGO ND 58106 9135 JEFFREY P & ROXANNE M HUNTER 519 23RD AVE S FARGO ND 58103 5352 CONNIE LEE HORN TST 51768 PELICAN POINT DR DETROIT LAKES MN 56501 9476 JOHN E HAGGART 706 18TH AVES FARGO ND 58103 4918 DIEDERICH LAKE PROPERTIES ATTN PAUL DIEDERICH 3374 MAPLEWOOD CT FARGO ND 58104 6224 GENE & CINDY OLSONMJB-PLB INVESTMENTS LLP ATTN: MIKE BULLINGER 2833 LILAC LN N FARGO ND 58102 1706 PO BOX 202 HOOPLE ND 58243 0202 US BANK NAT ASSOC TSTEE DELIA L SEABURG TST US BANK REAL ESTATE TAX DESK PO BOX 64142 SAINT PAUL MN 55164 9366 PO BOX 64142 SAINT PAUL MN 55164 0142 P:CAmED (f n W-.:Mmm fI#'f#'rnmm m. *»;j* - i ^5: y-’"” k) I «i -f%* '*' II, ■ ’ • -t • » g 4%O*SJ► 1*4^S*\,, ,o Marsha Bowman Jos jnne\ <Josh@landelements.com> Friday, Novem^r 18, 2011 2:57 PM Marsha BowmanX Pelican Lake Prepay Question Per Phone Conversation Faye Lot Info FOR R^IEW.pdf From: Sent: To: Subject: Attachments: Marsha- I will try to explain my question via email. We are working with a client who is looking to purchase parcels 17000040063000 & 17000040063002. He would like this property kept whole. Another person looking into the property is looking to subdivide up the parcels to put some storage sheds on it. This subdivision idea is driving the price of the property. What I have done is used the rules within the Shoreland district to map out how many times the space could be subvidided. (200' Frontage, 40,000 SF Minimum) This is not meant to be a legal drawing at all. I am just trying to see if I have applied the rules correctly. Please let me know as soon as possible what you think. We are trying to make an offer sometime on Monday. Thanks, Josh LANDelementsSCAPE Create A Unique Sense of Place Josh McKinney | Designer/Project Manager | www.iandeiements.com direct 701.893.2154 [ cell 605.310.9766 | fax 701.237.2273 | PO Box 9617 | Fargo, NO 58106 1