HomeMy WebLinkAbout17000340392000_Variances_05-11-20171190648
Date Stamp CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
RECORDED ON
05/16/2017 2:36 PM
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FEE: 40.00
PAGES 5
WELL CERTIFICATE REC D: N
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L&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 ^ ^OO-
Receipt Number --
Accepted By / Date j ''V- t
7cpI- "7<?2.3
COMPLETE THIS APPLICATION IN BLACK INK
~T}r\ C>l^A^PROPERTY OWNER DAYTIME PHONE
MAILING ADDRESS i 77^^LAKE NAME FPv4a/< a/
SECTION 34~ TOWNSHIP I 7p~J RANGE
LAKE NUMBER LAKE CLASS
MA/TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS\']OOQ'^^0^^1-000 Arinnn c,rv 3t
r^U£-AU S65~72-
Legal Description — am that part of Government Lot Nine (9) of Section Thirty Four (34) of Township One Hundred Thirty Seven (137)
North of Range Forty Two (42) West of the 5’'’ P.M., in Minnesota described as follows, to-wit: Beginning at the Meander Corner Number 17 on
the section line between said Section Thirty Four (34) and Section Thirty Five (35) of said Township and Range; running thence South along said
Section line a distance of 495 feet to a point; running thence West at right angles with said Section line a distance of approximately 170 feet,
more or less, to the shoreline of Lake Franklin; running thence Northerly and Northeasterly along the said shoreline of said Lake Franklin to a
point where said shoreline is intersected by the said Section line; and running thence South along the said Section line to the said Meander
Corner Numbered 17, the point of beginning, containing approximately one (1) acre, more or less.______________________________________
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback X Structure Size Misc.Sewage System Subdivision Cluster WECS
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
We are proposing to add a new deck onto the north side of our existing 1950 cabin. The proposed deck
will be no closer to the ordinary high water level (OHWL), but will exceed the maximum allowable
square footage (260 ft^) in the shore impact zone and the cabin/deck are 3 feet from the bluff. The
existing cabin is 45 feet from the OHWL, as per the county survey. The totai impervious area in the
shore impact zone is proposed to be 350 ft^. We are asking for a variance due to the location and age of
the cabin, extreme topography of the lot, shallow depth of the lot, and inability to view the lake from
the exterior of the cabin. The impervious surface calculation for the buildings is 2.696 (20% allowable)
and 7.6% (25% allowable) for all Impervious areas on the site.
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; JT IS MY RESPOlJSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.V Si
^ D>^ESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345.194 • Vidor Lundeen Co., Printers * Fergus Falls. Minnesota
// . <^0/"?'p:/r)a TimeDate Of Hearing
Motion
Thomas Welle - Variance application approved as modified. (7:12 p.m.)
After discussion and consideration, Paul Larson made a motion, seconded by Rod Boyer and carried with Darren Newville voting no, to
approve the variances necessary for the addition of a 20’ by 16.5’ (upper) deck to the existing structure. The variance as approved will provide
the applicant with the ability to enjoy a view of lake from outside of the dwelling. The variance as granted allows for the upper deck, but not
the lower deck as depicted on the drawing submitted with the application. The variance as approved does permit steps down from the upper
deck to the ground. The variance as approved does not directly or indirectly grant any other variances for the proposed project or for any future
development. The hardship/practical difficulty is the unique shape and topography of the applicant’s property.
Chairman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
X Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR__(
bk 072011-001
'I
1159953
CAROL SCHMALTZ
OTTER TAIL COUNTY RECORDER
FERGUS FALLS, MN
recorded On
06/16/2015 12:58 PM
OJ
FEE: 96.00
PAGES 3
WELL CERTIFICATE REC'D: Y
LDOO
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WARRANTY DEED
Individual to Individual
No delinquent taxes and transfer entered; Certificate of Real Estate Value ( l^'^ffiled (
Certificate of Real Estate Value No.sJTiW'
,2015
County Auditorby TA^
/7-^d?cp-3‘/ -o3H'?^~ooo
STATE DEED TAX DUE HEREON: $Date: _______________, 2015
Deputy
(reserved for recording data)
wife and husbandFOR VALUABLE CONSIDERATION, Linda Kay Westley and Dale Westley,
and Richard A. Carlson, a single person, Grantors, hereby convey and warrant to Thomas
J. Welle and Kelly J. Welle, husband and wife, as joint tenants and not tenants in common.
Grantees, real property in OTTER TAIL County, Minnesota, described as follows:
All that part of Government Lot Nine (9) of Section Thirty-four (34) of
Township One Hundred Thirty-seven (137) North of Range Forty-two
(42) West of the 5th P. M., in Minnesota described as follows, to-wit:
Beginning at the Meander Comer Number 17 on the section line between
said Section Thirty-four (34) and Section Thirty-five (35) of said
Township and Range; running thence South along said Section line a
distance of 495 feet to a point; running thence West at right angles with
said Section line a distance of approximately 170 feet, more or less, to the
shoreline of Lake Franklin; mnning thence Northerly and Northeasterly
along the said shoreline of said Lake Franklin to a point where said
shoreline is intersected by the said Section line; and mnning thence South
along the said Section line to the said Meander Comer Numbered 17, the
point of beginning, containing approximately one (1) acre, more or less.
COUNTY' OF OTTER TAIL
STATE Or MINNESOTA
deed tax $ aac, number
DATE
together with all hereditaments and appurtenances belonging thereto.
1
Check box if applicable;
□ The Seller certified that the Seller does not know of any wells on the described real
property.
f£ A well disclosure certificate accompanies this document.
□ 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.
Linda Westley
y
Dale WestleyAffix Deed Stamp Here
Richard Carlson
A.
STATE OF MINNESOTA )
COUNTY OF BECKER
The foregoing was acknowledged before me this f day of
by Linda Westley. Grantor.wife of Dale Westley
)SS.
)
.,2015,
Kay
Notary Public
KiRTL WILDE
NOrmRYPUBUC-WNNESOTA
fw*wJn.«i.aaaoW
STATE OF MINNESOTA )
)SS.
COUNTY OF BECKER )
The foregoing was acknowledged before me this day of 2015,
by Dale Westley, Grantor.husband of Linda Kay Westley
NRTL WILDE
NOTARY PUBLIC - MINNESOTA
MyCeminbdon Exnirw .Ion. 31,2020 Notary Public
2
STATE OF MINNESOTA )
)SS.
COUNTY OF
dThe foregoing was acknowledged before me this Z-7 day of
by Richard Carlson, Grantor.
, 2015,
A.
Notary
Tax Statements for the real property described in this
Instrument should be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
JAMES W. SHOEMAKER
,AT FORNEY AT LAW
P.O. BOX 1026-1009 LAKE AVENUE
DETROIT LAKES, MN 56502
218-847-6652
ATTORNEY REGISTRATION NO. 100511
Thomas J. Welle
Kelly J. Welle
3 S’12-^,'rc( <
3
Richard and Marjorie Jones - Variance application approved as requested with a condition. (6:55 p.ni.)
Richard and Marjorie Jones, part of Government Lot 2, Section 20 of Dunn Township by Lake Lizzie, requested the following:
Homeowner cuirently has variance foi' 70' from ordinary high water level and is requesting this variance to be 50’ so as not to
adversely affect the bluff to rear of lot. Requesting permission to clean bottom of bluff 2-3’ in to establish retaining wall to
protect from Rirther erosion. See pictures provided. Also requesting to move 10’ by 16’ existing storage shed to Parcel No.
170002000253006 70’ from ordinary high water mark. Rick Leitch, Excavator and Dave Johnson, Barnesville Homes appeared
with the applicants. The audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve the variance as
requested in the application dated April 11, 2017 and as depicted on the drawing submitted with the application with the condition
that Parcel Nos. 17-000-20-0253-005, -006 and -007 must be combined into a single parcel for development and conveyance
purposes. It was noted that the proposed project is setback further back than other structures in the immediate area. The variance
as approved does not directly or indirectly grant any other variances for the proposed development or for any future development.
Daniel Macrtciis - Variance application approved as requested with a condition. (7:03 p.in.)
Daniel Maertens, part of Lot 9, all of Lot 10 and part of Lot 11 Camp Tynset, Ten Mile Lake in Tumuli Township, requested the
following: Requesting a 6’ 6” variance from the 30’ bluff impact zone placing dwelling 23’ 6” from top of bluff Dustin Maertens
represented 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, Thomas Lee made a motion, seconded by Darren Newville and unanimously
cairied, to approve a variance of 6’ 6” from the required 30’ top of bluff setback for the placement of an addition to an existing
dwelling 23’ 6” from the top of the bluff as depicted on the drawing submitted with the application with the condition that the
drive way as presented on the drawing must be placed at least 2’ from the side lot line, which means the width will need to be
adjusted to 8’ accommodate the 2’ setback. The variance as approved does not directly or indirectly grant any other variances for
the proposed development of for any future development.
Thomas Welle - Variance application approved as modified. (7:12 p.m.)
Thomas Welle, part of Government Lot 9, Section 34 of Dunn Township by Franklin Lake, requested the following: We are
proposing to add a new deck onto the north side of our existing 1950 cabin. The proposed deck will be no closer to the ordinary
high water level, but will exceed the maximum allowable square footage (260 square feet) in the shore impact zone and the
cabin/deck is 3 feet from the bluff The existing cabin is 45 feet from the ordinary high water level, as per the county survey. The
total impervious area in the shore impact zone is proposed to be 350 square feet. We are asking for a variance due to the location
and age of the cabin, extreme topography of the lot, shallow depth of the lot, and inability to view the lake from the exterior of the
cabin. The impervious surface calculation for the buildings is 2.6% (20% allowable) and 7.6% (25% allowable) for all
impervious areas on the site. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Paul Larson made a motion, seconded by Rod Boyer and carried with Darren Newville voting no, to
approve the variances necessary for the addition of a 20’ by 16.5’ (upper) deck to the existing structure. The variance as
approved will provide the applicant with the ability to enjoy a view of lake from outside of the dwelling. The variance as granted
allows for the upper deck, but not the lower deck as depicted on the drawing submitted with the application. The variance as
approved does pennit steps down from the upper deck to the ground. The variance as approved does not directly or indirectly
grant any other variances for the proposed project or for any future development. The hardship/practical difficulty is the unique
shape and topography of the applicant’s property.
Roland and Elizabeth Vigor - Variance application approved as requested. (7:24 p.m.)
Roland and Elizabeth Viger, Lot 1 Fleming-Patterson Beach, Swan Lake in Dane Prairie Township, requested the following:
Owner of lot#190003 needs to purchase and permanently attach a 20’ wide triangular piece from lot #414000, a vacant lot, in
order for the existing drain field servicing lot #190003 to meet the 10’ lot line setback requirement. There is no change to the
water frontage. The remaining portion of lot #414000 to remain buildable for residential purposes, Mark Viger appeared at the
public hearing with Roland Viger. The audience was polled with no one speaking for or against the variance as requested. After
discussion and consideration, Darren Newville made a motion, seconded by Rod Boyer and unanimously carried, to approve the
proposed subdivision as requested in the variance application dated April 19, 2017 and as depicted on the drawing submitted with
the variance application and to declare the remaining portion of Lot 1 Fleming-Patterson Beach buildable for residential purposes.
The variance as appioved will keep the drain field that services Parcel No. 13000290190003 10’ from the lot line, 'fhe variances
as approved are consistent with past decisions of the Board of Adjustment. The variances as approved do not directly or
indirectly grant any other variances for future development.
Short Break - 7:25 to 7:30 p.m.
Page I 2 May 11,2017
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EXISTING CABIN<7
PROPOSED DECK
16.50'PROPOSED
DECK
PLAN VIEW12.00'20.00*
EXISTING CABIN
PROPOSED DECK
1
PROPOSED
DECK -SECTION VIEW
0 6 12
SCALE: 1 INCH =12 FEET
IMPERVIOUS SURFACE CALCULATION
List & identify ail existing & proposed onsite impervious surfaces on scale drawing.
U 4-^ ILot Area (ft^):
Buildings Other Impervious Surface
Existing Proposed Existing ProposedFt^Ft^Ft^Ft
Dwelling Deck(s)
Attached Garage Patio(s)
Detached Garage Sidewalk(s)M.storage Shed Landing(s)
TZLWOAS Driveway(s)3\JlRCUQ_Parking Area(s)lamMiscellaneousRetaining Wall(s)O
Landscaping
■ (Plastic Barrier)
Miscellaneous a
TOTAL BUILDINGS Q TOTAL OTHER
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^Total Buildings
If ^ ^'A+100:«•Xf1
Buildings Other
Impervious Surface
Percentage
Maximum Allowable 25%
Total
Buildings + Other
Impervious Surface
Existing Proposed Total Lot Area Impervious
Surface
Ratio
Ft^Ft^Ft^Ft^
5i^4-i-n
--^---------o.o7C»^7.^ p/+100-f-X
Impervious Surface Calculation Worksheet 04-11-^16
Signature:Date
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
PExisting Ft^Proposed Ft^
Building(s)1^0
Deck(s)
Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
(Plastic Barrier)
Miscellaneous
TOTAL
Total
Shore Impact Zone
Impervious Surface
Existing Proposed TotalIH-'v
w-;'
Ft^Ft^Ft^
Maximum Allowable 260 Ft^
l 3 5^+ ■s
Impervious Surface Calculation SIZ 04-11-2016
tklo-Signature:Date:
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 21st, day of April, 2017 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Thomas J and Kelly J Welle, 3512 Westmoor Cir, Moorhead, MN 56560
Douglas Winter, Twp Clerk of Dunn, 50053 Fish Lake 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
Darren M Newville, 614 6**’ St NE, Perham, MN 56573
Rod Boyer, 51127 E Wymer Lake 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: April 21st, 2017
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By:
Vi Manderud
JUANITA & DOUGLAS LORENTZ
46912 COUNTY HIGHWAY 31
PELICAN RAPIDS, MN 56572 7129
GALE A PFEIFFER
27933 COUNTY HIGHWAY 4
VERGA5, MN 56587 9315
THOMAS & KATHRYN SAUER
121 84TH ST NE
RICE, MN 56367 4566
TAMALOG RETREAT
ATTN RODNEY LARSON
4550 MINNETONKA BLVD #109
SAINT LOUIS PARK, MN 55416 5415
ALFRED G SMITH FAM TST
5350 NOLAN PKWY #210
OAK PARK HTS, MN 55082 3501
THOMAS J & KELLY J WELLE
3512WESTMOORCIR
MOORHEAD, MN 56560 6923
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
Phone - (218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
Web Address - www.co.otter-tail.mn.usOTTER TRIl
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Thomas Welle
3512 Westmoor Circle
Moorhead, MN 56560
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 11,2017 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 9,
Property Address - 46777 County Highway 31 - 56572
Section 34, Township 137, Range 42 - Township Name - Dunn
Lake No. 56-759, Lake Name - Franklin, Class - RD
The variance requested is the following:
We are proposing to add a new deck onto the north side of our existing 1950 cabin. The proposed deck will be no closer
to the ordinary high water level, but will exceed the maximum allowable square footage (260 square feet) in the shore
impact zone and the cabin/deck are 3 feet from the bluff. The existing cabin is 45 feet from the ordinary high water level,
as per the county survey. The total impervious area in the shore impact zone is proposed to be 350 square feet. We are
asking for a variance due to the location and age of the cabin, extreme topography of the lot, shallow depth of the lot,
and inability to view the lake from the exterior of the cabin. The impervious surface calculation for the buildings is 2.6%
(20% allowable) and 7.6% (25% allowable) for all impervious areas on the site.
'Hiiyne Stein
Board of Adjustment Secretary
April 20, 2017
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DECK
16.50'
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PLAN VIEW
12.00'20.00'
^
SECTION VIEW
SCALE: 1/4" = 1'-0"
________