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HomeMy WebLinkAbout17000991028000_Variances_07-14-2022Date Received RECEIVED JUN 23 2022 -AND & RESOUBCt 1280679 LYHN R LhRSOH OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, m L&R Initial RECORDED ON THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER FEES 46.GO PAGES 2 UELL CERTIFICATE REC’Ds N 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.ottertailcountvmn.us Application Fee Receipt Number v ^ 701.566.2836 Reviewed/Accepted By / Date Harry and Angie Wood DAYTIME PHONEPROPERTY OWNER 122 Golden Spike Rd, West Fargo. ND 58078MAILING ADDRESS harryorinwood@gmail.comE-MAIL ADDRESS Pelican Lake GD786LAKE CLASS . DUNN LAKE NUMBER SECTION "'Q TOWNSHIP RANGE TOWNSHIP NAME LAKE NAME E-911 ADDRESS PARCEL NUMBER 50591 Fish Lake Rd, Detroit Lakes, MN17000991026001, 17000991027000,17000991028000 LEGAL DESCRIPTIONSect-10 Twp-137 Range-042 VIKEN BAY BEACH LOT 9, Plat: 01654 Ut B &><vOvo' ^ VO IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT; 1941 INDICATE THE RELEVANT OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FROM AND CITE THE SECTION(S) OF THE ORDINANCE(S). OTTER TAIL COUNTY ORDINANCE (Please Check) ^Shoreland Management Ordinance CHSanitation Code EH Subdivision Controls Ordinance SECTION(S) OF ORDiNANCE(S); Section 6, Subp. 4 A, EH Renewable Energy Ordinance EH Other________________ ^Attached Subsurface Sewage Treatment System Compliance Inspection EH No septic system on property Nov 2020Inspection Date: Page 2 WoodProperty Owner Parcel Number 17000991027000 SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. VARIANCE REQUEST: We are requesting a variance from the Shoreland Management Ordinance - Section 6, Subpart 4 - setback from OHWL. We wish to place our new home at a setback distance of 37.5 feet from the Ordinary High Water line which is a 37.5 foot variance from the normal 75 foot setback. The existing home is within 24 feet of the OHWL. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE, SUBDIVISION CONTROLS ORDINANCE, SANITATION AND/OR THE RENEWABLE ENERGY 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. 6/22/2022 SIOnAtURE OFT^OPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY IM.^'•QODate Of Board of Adjustment Hearing Motion Time Harry «& Angie Wood - Variance Application Approved as Requested (8:41 p.m.) After consideration and discussion, Rick West made a motion, seconded by Thomas Lee and carried to approve the variance to replace the existing dwelling being 37.5’ from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the dale of approval. The expiration date of this variance approval is July 14, 2027. Chairman/Otter Tai County Board of Adjustment Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No h\ih \is-yi.A imCopy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR_j CL 01122019-001 082021 R Official/Dati Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTCR TAII GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Harry & Angie Wood Address/Parcel No. 17000991026001, 17000991027000 & 17000991028000 Requested Variance: We are requesting a variance from the Shoreland Management Ordinance - Section 6, Subpart 4 - Setback from OHWL. We wish to place our new home at a setback distance of 37.5 feet from the ordinary high water line which is a 37.5 foot variance from the normal 75 foot setback. The existing home is within 24 feet of the OHWL. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6 Subp 4 A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the foliowing criteria: The applicant identified the following practical difficulty: Purchased home 2 years ago and the foundation is starting to buldge. The cabin was built in 1941 and foundation is not holding up. The want to expand the structure which is what triggered a variance. Propose to remove the structure out of the SIZ. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The land use ordinance allows property owners to develop and improve their property and moving further back from the lake. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: There are similar structures and land uses in the neighborhood with similar setbacks as noted during the onsite visit. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, fioodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: The topography of land restricts the suitable area for use being considered. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar land use patterns and use of property in the vicinity of the request. S. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The structure will be moved back from the lake and out of the SIZ. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. "Do*to^DATED: July 14, 2022 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. Troy & E’ricka Wambach - Variance Application Approved with Modification (8:31 p.m.) Troy & Ericka Wambach, Lot 8 Blk 2 of Engstrom Beach, Big McDonald Lake (56-386) in Edna Township requested the following: Proposing to replace the existing dwelling with a new dwelling being 30 feet from the lake and 8 feet from the road right of way. The existing impervious surface coverage is at 39.07%. We are proposing to reduce the impervious surface coverage to 26.5%. Please note that there is no proposed driveway currently. Our parking area will be in the road right of way. The 26.5% proposed impervious surface includes the 80 sq.ft, driveway. The calculation without the 80 sq.ft, driveway is 24.9%. The shore impact zone impervious surface coverage is at 46.05%. Proposing to reduce the shore impact zone imperious surface coverage to 23.7%. Our lot is a substandard lot of record making it difficult for us to meet the requirements of the ordinance. Troy & Ericka Wambach, property owners, represented the variance application. The audience was polled with Dennis Sazama, Edna Township addressing the parking in the road right of way. An email from Dale & Jeanne Janssen was sent in support of the variance request. After consideration and discussion, Terry Marthaler made a motion, seconded by Darren Newville and carried to approve the variance to replace the existing dwelling being 30 feet from the lake and 8 feet from the road right of way with the modification that there will be no designated parking in the road right of way and the maximum coverage allowed on the property is 1,472 sq.ft, which is approximately 28.9% of impervious surface coverage. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Harry & Angie Wood - Variance Application Approved as Requested (8:41 p.m.) Harry & Angie Wood, Lot 8 Ex W 10’, Lot 9 & Lot 10 of Viken Bay Beach, Pelican Lake (56-786) in Dunn Township requested the following: We are requesting a variance from the Shoreland Management Ordinance - Section 6, Subpart 4 - Setback from OHWL. We wish to place our new home at a setback distance of 37.5 feet from the ordinary high water line which is a 37.5 foot variance from the normal 75 foot setback. The existing home is within 24 feet of the OHWL. Harry & Angie Wood, property' owners, and Chris Heyer, Moore Engineering represented the variance application. The audience was polled with Chris Heyer, Moore Engineering speaking regarding the shore impact zone impervious surface coverage. After consideration and discussion, Rick West made a motion, seconded by Thomas Lee and carried to approve the variance to replace the existing dwelling being 37.5’ from the ordinary high-water level. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s findings have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Bradley Booth - Variance Application Approved with Condition (8:51 p.m.) Bradley Booth. Lot 3 Al Peach’s First Addition to Al Peach's Lakeshore. Star Lake (56-385) in Dora Township requested the follow ing: Adding a pitch roof over the existing attached garage (flat rooO raising the roof line of the garage by 12 feet, creating a storage loft above the existing garage with approximate dimensions of 11’ x 24' w ith a 4’ overhang on the southside. Garage is 8’ south of the roadw ay and 64’ from the water line. Rebuilding the lakeside shed increasing the dimensions from 5’xl5’ to 8’xl6’ w ith 3’ overhang on east side and moving it 1' to the east, off the property line and aw ay from the lake 3’-5’. Bradley Booth, property owner, represented the variance application. The audience w as polled w ith Heather Klovstad speaking in opposition to the variance request w ith concerns about the height of the garage and their view being impacted as w ell as parking concerns. Amie Schenck spoke in support of the variance as requested. An email from Bob & Linda Dimitrijevich was submitted in support of the variance. Arlen Kolstad mailed a letter in opposition to the variance as requested. After consideration and discussion. Darren New ville made a motion, seconded by Thomas Lee w ith Rick West and Mark Johnson voting no to approve the variance request to construct an 11’ x 24' loft addition to the existing attached garage being 8 feet from the road right of way and 64 feet from the ordinary high w ater level and approving the replacement of the shed being 8’ x 16’ in size and moving it 3’-5’ off of the lake with the condition that it is located 5 feet from the lotline. This decision is based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board's findings have been attached to and incorporated as an official part of the minutes w hich have been placed on file with the Land & Resource Management Department. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. Board of Adjustment July 14, 2022 Page I 5 STAFF REPORT APPLICANT: Harry & Angie Wood APPLICATION: We are requesting a variance from the Shoreland Management Ordinance - Section 6, Subpart 4 - setback from OHWL. We wish to place our new home at a setback distance of 37.5 feet from the Ordinary High-Water line which is a 37.5 foot variance from the normal 75 foot setback. The existing home is within 24 feet of the OHWL. STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County WebsHe Wz+50591 FISH LAKE RD Show search results for 50591 □E) •lOIOOJJ ?30< r ——3^1^'FISH I auP on—_ Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 3, Subp. 14 A. All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as allowed and set forth in Minnesota Statute §394.36 B. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. C. Improvements to nonconforming structures not requiring a variance, include, but are not limited to, the following: 1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed peaked roof for a non-conforming structure beyond a 4:12 would be considered an expansion and would require a variance. 2) Installing rails on a patio in which the total height is less than 36" in height as measured from the ground. 3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36 inches and to not allow the overall building height to exceed maximum height restrictions. D. A non-conforming use is any continuous use of land established before the effective date of a County or local Ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use. E. A prohibited non-conforming use may not be expanded or improved. F. If any non-conformity or occupancy is discontinued for a period of more than one year, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Minnesota Statute, 394.36 Subp. 4 Nonconformities; certain classes of property This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Section 6, Subp. 4 Placement of Structures and Sewage Treatment Systems on Lots Structures and accessory structures must be located to meet all setbacks, and comply with the following OHWL setback provisions: Table IV Setbacks for Structures on a Lot StructuresClassification Natural Environment 200 Recreational Development 100 General Development 75 Transition 150 Agriculture, Urban and Tributary 100 Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. If approved, include a sunset date 5 years from date of public hearing, as required in Section 3, Subp. 11 (C) of the Shoreland Management Ordinance. a3 C- LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Fails, MN 56537COUNTY - MINNESOTA Notice of Hearingfor Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Harry & Angie Wood 122 Golden Spike Rd. West Fargo ND 58078 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, July 14, 2022, at 7:00 p.m. The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. Public comments regarding this application can be expressed by mail or emailed to land(5)co.ottertail.mn.us must be received by 12:00PM the day before the public hearing date. Members of the public wishing to observe and/or make comments at the public hearing may be present at the public hearing or participate virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days priorto the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time, if bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 17000991026001,17000991027000 & 17000991028000 Lot 8 Ex W 10', Lot 9 & Lot 10 of Viken Bay Beach Section 10, Township 137, Range 42 Township Name - Dunn Pelican Lake (56-786), General Development (GD)Lake Name/Number/Class: Property Address: The variance requested is the following: We are requesting a variance from the Shoreland Management Ordinance - Sections, Subpart4 - Setback from OHWL We wish to place our new home at a setback distance of 37.5 feet from the ordinary high waterline which is a 37.5 footvariance from the normal 75 foot setback. The existing home is within 24 feet of the OHWL. 50591 Fish Lake Rd., Detroit Lakes MN 56501 , l//;r liu.'.ko Board of Adjustment Secretary June 30, 2022 (@) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 fc£.' maiEST KN(m wAm%/a = fjrsrr’^ J~~^^)7---------- HfCH IMro? UNt25-rJi£; Of PQ/CW lAKc:« flEU> tOMia, ON 06/H/2012 bK>Scale ii____\335- „ basis or I b^wgs show based on mi coord /^yyyy//^yyj'^//yy m@' 140.08’ \/>&»■•K m I / ■. ^ ' fEWSTWC PUBUC ROAO^ • • - 7">s t J //1. L/::\ *Ii’.‘.—-1324— A -vN-:;^v;-I "v V*:. ’.>• PROPOSED CONDITIONS CERTlFlCATinM «>*•°r rgport was PfsporwdK<apawa by me or under my <s ^ ^ OmOPUENT ««!H£srmm iwnKuva - ^fjiayv^ W2(n) OlfDimY HIGH WAia UHE HMTW'S edge of po/ow ukf^^L0CAm>0N^/}^22 0"'"--- __1S3S- ___A336'' m !/ z"' -1—^ / / /'^ /py' 17^' “ik ^ / / y /.'Wa; / ' “ ✓/»!77F777? / .i /HO / / ''. t/' J m.rtf £ / / /t vl ----1324------- ----------- • t'■ :i:.•\‘- :;x- existing conditions LEG^D • IRON MONUMENT FOUND ® SEPTIC MANHOLE » SEPTIC CLEAN OUT SIGN ^ POVCR POLE OB UTILITY PEDESTAL ELECTRICAL OUTLET 0 DEODUOUS E.aa tree#CONIFEROUS TREE BITUMINOUS SURFACE CONCRETE SURFACE gravel SURFACE RIP-RAP DECK r -Scale in Feet r I BASIS OF BEARINGS; BEARINGS SHOIW4 HEREON ARE BASED ON THE OTTER TAIL COUNTY COORDINATE EDGE OF TREES OVERHEAD POKHER SETBAO< UNE SYSTEM OHP UNE ^fSEa-VBUiME.S£EaBI CUT 155.31 fill 0 EXISTING IMPERVIOUS (AIL TO t?A7PT>T CONCRETE HOUSE SHEDS DECK GRAVEL TOTAL; LOT AREA; I SURFACES 696 SO. FT. SO. FT. 534 SO. FT. 714 SO. FT. ^8 SO. FT. 2.996 SO. FT. I cu. YD. CU. YD.\n \ net * • - garage gut 94.04 V 155.31 CU.W.(CUT) SIZ UNE CU. YD. CU. YD.FILL 1.11 NET 92.93 PATIOS CUT 15.91 nU. 30.37 net 14.46 CU.r / ‘\ ^yD.(cuj) \ CU. YD. CU. YD.22.400 SO. FT. 13.38 1 ’J ,'1' ''' •’ I X COVERAGE EXISTING;CU.w.(na) total CUT 265.26 CU. nu. 31.48 233.78 CU. PROPOSED IMPROVEMENTS; HOUSE 1,440 SO .FT GARAGE 1,152 SO. FT. DRIVEWAY/CONC 1,512 SO. FT. DECK/PATIO/STAIRS 1,306 SO. FT. STEPS TO LAKE 112 SO. FT. TOTAL 5,522 SO. FT. X COVERA& AFTER IMPROVEMENTS; 5,100 SO. FT. 535 SO. FT. 112 SO. FT. 647 SO. FT. 12.69 YD. CU. YD.NET YD.(CUT) SETBACK UNE SHOVM 75’ FROM OHW 10’ FROM SIDE LOT UNES 20’ FROM ROAD R/W are- 24.65AREA IN SIZ; PATIO STEPS TO LAKE TOTAL % COVERACS: IN SIZ: kkkkkk ✓k /k /-kk HOUSE ✓kkk y>CiNITY MAPkkSECTION 10-137-42 k ✓k ✓k I pelican UKE1 ✓A//A aL 3 I NEV+-NET/4 GJ_ 2 G.L Iproperty tJoamoM I +ISW/4-NW/4 ■■ --------------------------------------SE1/4-NWJ/4 SWI/4-NE1/4L SEl/4-fC1/4*-’"1J24'V SW 1/4 SE 1/4 to da: do is I partoflo?6^aSZ!JS'^oT^ SURVEYI N L£S£nO • *» «QNUt«r<T ri?j„6® »nc uvMcu • SlMtC 0£<N OUI hV E 5Sr '0*CK ootc—-i '» */nuTr fOcsrtts fteowm joRfrIocoDvoi^ mtc 0 20 coNftMus ?«er ff'VUHtCVS SUVAIXSale in Feel '=*«*nr SUW4C5 «Avti si*f,a»-«*p KM ;?Axv °>K or ietxs ■ “* OWCAI) Pcno uc *n*c» uNc'-vfs.v rf8=* a.il5: Mouse ^——o* CU. « abVitoes (CUT) S.S:i SS OCttOUU (CUT} LOT MCA.n.«0 90 ITOl. «. cu Kk CU TOi(n4j■;,© j-TDTaiCUT lis"SaVTJfi!''.i S-31,OAMAGt/© j *: /-CKVCWAT/COMCfar?) / * “’’***« W«OVtMEMTS: J4.SSs?P'S”" 2P* w uicTOTA4 **T sa rr.ii * W ft i, „ii ViCINfTY StCUOM >9-IJ7.427i40.oa- • 4,. s / S==T^v^.-Aiw«iiiiA 7 EXISTING CONDITIONS CERTIFICATE OF SURVEY mmmsrn moore T- y P'lgineenng mo DRAWN ON DRAvvN 6yCHECAEDer ‘’SOlEcr MANAGER P'EtOSOOA PACE date OF FiEiowoRk REVISED PROJECT NO22634M22 22LFB COM V-101 __ -I SHEET TOF , OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss )COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 30th day of June 2022 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment; Township Clerk Lake AssociationProperty Owner Sandra Tingelstad, Clerk See Below Dunn Township PO Box 347 Pelican Rapids MN 56572 Harry & Angie Wood 122 Golden Spike Rd West Fargo ND 58078 City Clerk-(if located within 2 miles of a city) Otter Tail Water Management District - Email Notice if it is in the district - otteftailwatermanaq6ment@outlook.-6emn LU Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald: Devils (Near Perham): Eagle Lake: Lida Lakes Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: Little Pine & Big Pine: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA. 4302 13"^ Ave S Ste. 4-333, Fargo. ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 T' Ave N, Fergus Falls, MN 56537 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6"^ St NE, Perham, MN 56573 Rick West, 17906 West Swan View Rd., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Mark T. Johnson, 44229 Monument Beach Loop, Pelican Rapids MN 56572 Planning Commission Member David Wass - 29133 260^'^ St., Underwood MN 56586 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, properly addressed to each of the individuals listed above and/or listed in the attachment.Number OF Notices & Envelopes to Print File 1Dated: June 30, 2022 Extra 3 BOA Members PC Member Envelopes _ TOTAL NOTICES TO PRINT____^ [~~] Added to Agenda ED Map I I Print out Findings of Fact Sheet Newspapers FFDJ & PR Press_____ Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy:20Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Affidavit (56-786) 07-14-22.docx TBuffer Parcels r s,..'S BBS*- ■ Parcel No Addr 1Name 1 Addr 2 Citv St ZipName 2 17000100114002 Frank & Katherine Miosek 50566 Fish Lake Rd Detroit Lakes MN 56501 9445 17000100114900 Kenneth Marks 50650 Fish Lake Rd Detroit Lakes MN 56501 9483 17000100115000 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306 17000100115001 Michael F & Donna Ondracek 555 40th St S Apt 224 Fargo ND 58103 1175 17000100115002 Shawn M & Mary C Skrove 89 Prairiewood Dr S Fargo ND 58103 4651 17000100115003 William J Radermacher PO Box 222 Casselton ND 58012 0222 17000100116008 Pelican Beach Resort Club Inc Attn Rodney Wilson 62 Sloping Hills Cv Grand Forks ND 58201 7953 17000100134000 Pelican Beach Resort Club Inc Attn Rodney Wilson 62 Sloping Hills Cv Grand Forks ND 58201 7953 Anthony & Monique L Morando17000100134002 Grand Forks ND 58201 78185696 Cottonwood St Anthony & Monique L Morando17000991021000 Grand Forks ND 58201 78185696 Cottonwood St 17000991022000 Bradley T Anderson 2520 Willow Rd Fargo ND 58102 2137 17000991023000 Creekside Townhomes LLC PO Box 10507 Fargo ND 58106 0507 17000991024000 Marc C Johnson Et Al 3601 University Dr 5 Apt 210 Fargo ND 58104 6288 17000991025000 Gary A & Margaret M Pillsbury 861 Rice Creek Ter NE Fridley MN 55432 4555 17000991026001 Harry 0 li & Angela J Wood 122 Golden Spike Rd West Fargo ND 58078 7903 17000991027000 Harry O li 8i Angela J Wood 122 Golden Spike Rd West Fargo ND 58078 7903 17000991028000 Harry O li & Angela J Wood 122 Golden Spike Rd West Fargo ND 58078 7903 17000991029000 Randy L & Michelle L Zimney 50631 Fish Lake Rd Detroit Lakes MN 56501 9483 17000991029001 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306 17000991030000 Todd A & Stacy Hennum 3824 22nd St S Fargo ND 58104 0 17000991030001 Robert B William 50647 Fish Lake Rd Detroit Lakes MN 565019483 17000991031000 Steven & Sherry K Garza 3610 Claburn Dr Austin TX 78759 8215 17000991032000 Earl & Kristi Jarolimek Tst 3114 37th Ave S Fargo ND 58104 7049 Thursday. June 30. 2022 PaRe 1 of 2 Parcel No Name 1 Name 2 Addr 1 Addr2 Citv St ZiD West Fargo ND 58078 391217000991033000 Kenneth Ruhland Et Al 402 Ramona Ave 17000991034000 Keith E & Doris M Kosse 6008 55th Ave S Fargo ND 58104 5691 Thursday. June 30. 2022 Page 2 of 2 I Buffer Mail city, State, ZipAddress i Address 2Name Bradley T Anderson 2520 Willow Rd Fargo ND 58102 2137 Creekside Townhomes LLC Fargo ND 58106 0507PO Box 10507 Earl & Kristi Jarolimek Tst 3114 37th Ave S Fargo ND 58104 7049 Steven & Sherry K Garza 3610 Claburn Dr Austin TX 78759 8215 Todd A & Stacy Flennum 3824 22nd St S Fargo ND 58104 0 Kenneth Ruhland EtAI 402 Ramona Ave West Fargo ND 58078 3912 Keith E & Doris M Kosse 6008 55th Ave S Fargo ND 58104 5691 Marc C Johnson Et Al 3601 University Dr S Apt 210 Fargo ND 58104 6288 Kenneth Marks 50650 Fish Lake Rd Detroit Lakes MN 56501 9483 Frank & Katherine Miosek 50566 Fish Lake Rd Detroit Lakes MN 56501 9445 Anthony & Monique L Morando 5696 Cottonwood St Grand Forks ND 58201 7818 Michael F & Donna Ondracek 555 40th St S Apt 224 Fargo ND 58103 1175 Pelican Beach Resort Club Inc 62 Sloping Hills Cv Grand Forks ND 58201 7953 Gary A & Margaret M Pillsbury 861 Rice Creek Ter NE Fridley MN 55432 4555 William J Radermacher Casselton ND 58012 0222PO Box 222 Daniel J & Nikki Schmaltz 3143 10th St N Fargo ND 58102 1306 Shawn M & Mary C Skrove 89 Prairiewood Dr S Fargo ND 58103 4651 Robert B William 50647 Fish Lake Rd Detroit Lakes MN 56501 9483 Harry 0 li & Angela J Wood 122 Golden Spike Rd West Fargo ND 58078 7903 Randy L & Michelle L Zimney 50631 Fish Lake Rd Detroit Lakes MN 56501 9483 Thursday, June 30, 2022 Page 1 of 1 1248271 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 11/17/2020 09:26 AM FEE: 46.00 PAGES 4 WELL CERTIFICATE REC'D: N No delinquent taxes and transfer entered; Certificate of Real Estate Value '^03 ( ( ) not required.Certificate of Real Estate Value No. |l€>(PI2fc> MovemV>eA-;i O- lb__. ZQ20-^2 ••(YEAR)Sleup ___otter Tdu doun^ Auditor/Treasurer X !Oj Byi Deputy nooo^q IDlbOOV \7ocoq=t \C2.^cco In GC30®Pl 102.9000 '! WARRANTY DEED DEED TAX: $DATE:2.^ E-CRV No^:^ FOR VALUABLE CONSIDERATION, Julie Anne Buckley and Eric Fung, wife and husband, and David W Buckley and Beth Ross-Buckley, husband and wife. Grantors, hereby convey and warrant to Harry Orin Wood, II and Angela Joy Wood, Grantees, as joint tenants and not tenants in common, real property in the County of OUer Tail, Minnesota, legally described as follows: Lot Eight, except the West 10 feet thereof, and all of Lots Nine and Ten, Viken Bay Beach Otter Tail County, Minnesota Check here if all or part of the described real property is Registered (Torrens) □ .'1 together with all hereditaments arid appurtenances belonging thereto, subject to the following exceptions: Check applicable box: □ The Seller certifies that the Sejler 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: ). " I am familiar with the property described in this instrument and T certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 248426Paga 1 of 3 COUNTY OF OTTER TAIL STATE OF MINNESOTA DEEDTAX $ NUMBER /fc. { DATE I I ' I-^O f- -40/100-7H A .Page 2 of 3 248426 WITNESS, the hands of the Grantors. Anne Buckley Eric Fung STATE OF . COUNTY OF On this day of 2020, before me personally appeared Julie Anne Buckley and Ex\^Fung, wife and husband, known to me to be the persons who are described in, and Wno executed the within and foregoing instrument and severally acknowledged that they executed the same. individual who signed Which thij /;Notary Public My Commission expires: ^Ibtary Public .personally appearei^ :whoprovedtome(>n^ba$(s^s^slKtoryevH}c!i^loibethe persongbwbose nam^ riftreaubicribed tb'die V^lh instturneht, ^ acknowl^ged to nie that h^«he@w^jeK»cuted^ same In hi; Her/t^ii^uthprized capacltygea, anottw by htjA^e^fflelri ^gnaturetSEbn the ihstrumemtnepersoj^or the entltytipon Wialf of which the person^^ed, executed the instrument, i^ify under PENALTY OP PERJURY under ^ laws of the State of tCiiil^ta that the foregoing paragraph Is tnie and correct. IliVilTNESS my hand and officiahwat. H. jPo....te- ■. 4 JAMES H. PARK Notary Public • California SanU Clara County Commission # 2330741 My Comm. Expires Jul 23, 2024\m I lurv: '^r T»^il llAJi ^0^00“7^ n r>4 A , i 248426Pago 3 of 3 WITNESS, the hands of the Grantors. David W BucklS'^^ ‘ I^r^^-Bilickley STATE OF., (jS(i:^\ pICAfTiE - COUNTY OF On this appeared David W Buckley and Beth Ross-Buckley, husband and wife, known to me to be the persons who are described in, and who executed the within and foregoing instrument and severally acknowledged that they executed the same. day of 2020, before me personally Notary Public My Commission expires:: THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Harry Orin Wood, II and Angela Joy Wood 122 Golden Spike Rd, West Fargo, ND 58078 (insert name and address) Wheeler McCartney, P.C. 35 4th St N, Suite 102 Fargo, ND 58102 CIVIL CODE § 1189CALIFORNIA ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. }State of California County of A/VMtnU PEVMnJ puguc>before me.On Here Insert Name and Title of the OfficerDate personally appeared .Pavid iAf Name(s) of Signer(s) Servj (ZA>ss-B\iac\je^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackriowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.m MARPN DEVLIN TOHILL NoUry Public - Cilifornia | San Diego County ►* VS Commission # 2Z94602 ■ i Hy Comm. Expires Jul 19, 2023 | Signature of Notary Public Signature Place Notary Seal and/or Stamp Above -------------------------------------- OPTIONAL -------------------------------------- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document;________ Document Date: •_______________ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer’s Name: __________________ □ Corporate Officer - Title(s):_______ a Partner- □ Limited □ General □ Individual □ Trustee □ Other: __________ Signer is Representing: Number of Pages; Signer’s Name: ■___________ □ Corporate Officer - Title(s):____ □ Partner - □ Limited □ General □ Individual O Trustee O Other: __________ Signer is Representing: □ Attorney in Fact o Guardian or Consenrator □ Attorney in Fact □ Guardian or Conservator ©2018 National Notary Association S9 -Q k:q:UJo <oCMSiCOCD§ 5q:Q5:UJ q:3 v>CMSio COCMSio oCMCMso-s. s9=cc of=■s oo-J UJ=du.