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Home My WebLink About17000991173000_Variances_11-09-2017^^■2011-, 1199097t CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 11/14/2017 11:12 AM Date Stamp 04 c~)(X) lO'^RECBVSU OCT 1 2 2017 r AMDSftESOWCT FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N goTi- r~_ -.X 'CO 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 - \M^COMPLETE THIS APPLICATION IN INK Receipt Number [ \Q \n- nAccepted By / Date 10(Ur\ DAYTIME PHONE '10^ 1PROPERTY OWNER Np ^P)MAILING ADDRESS LAKE NUMBER 36?" 1 ^ Co LAKE NAME LAKE CLASS 04-2-\blM Ol.i nm___________TOWNSHIP RANGE TOWNSHIP NAMESECTION E-911 ADDRESS PARCEL NUMBER LEGAL DESCRIPTION UV2- f^Xln TYPE OF VARIANCE REQUESTED (Please Check) XXClusterWECSMisc.Structure Size Sewage System SubdivisionStructure Setback SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. be v.’' - “I “-frc»^ properV-^ Vtvl^ctMXou?. s T6 V?'C. ^ Mnln HrsAt.m'rTCvn C«?t1vIf/S<rdlCvA ir\!L 4 LOiPV'k.^VJUi' RxVidlC 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 (Applicant Will Receive Notification As To The Date/Time Of Hearing) '7 /^m.9 TimeDate Of Hearing Motion Michelle and Timothy Richard - Variance application approved as modified with a condition. (7:18 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a 3’ 3” variance from the required side lot line setback of 10’ for the construction/placement of a detached garage 6’ 7” from the required side lot line setback of 10’ with the condition that no more than 30% of the total eligible lot area can be covered with impervious surfaces. The variances as approved will provide the applicants with a reasonable use of their property. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No / LR Official/Date / 'Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 08232017-001 Page I 6 September 14, 2017 tea.364.738 • Vidor Lundeen Co.. Printers • Fergus Falls. MN • 1-800-346-4870 Timothy and Cheryl Stoll - Variance application approved as requested with conditions. (6:52 p.m.) - Continued Other parcel is 75 feet by 125 feet adjacent to backlot. This would be added to his backlot permanently. Mark Nygaard and Mark Helbling appeared at the public hearing with the applicant (Timothy Stoll). The audience was polled with Mike Berg president of the lake improvement association speaking in support of the variance as requested. Also speaking was Sarah Duffy, Attorney with the Pemberton Law Firm representing the Zelmer Family Trust. Ms. Dufffy noted that there is no practical difficulty that would allow for the granting of a variance from the platting process, the variance application is not complete, wetland concerns and how the proposed subdivided properties will be used. Ms. Duffy requested that the application be denied. After discussion and consideration, Chris McConn made a motion, seconded by Darren Newville and canied with Jack Rosenthal voting no, to approve the proposed subdivisions (Parcel One - approximately 2.75 acres and Parcel Two- 745’ by 125’) as described in the variance application dated October 10, 2017 with the conditions that both tracts are non-buildable for residential structures, will be permanently attached to other parcel cunently owned by Mark Nygaard and Mark Helbling and a registered surveyor’s drawing must be provided. The variance as approved does not directly or indirectly grant any other variances for future development. Bart Anderson - Variance application approved as requested. (7:10 p.m.) Bart Anderson, Lot 4 Little Pine Haven Beach, Little Pine Lake in Perham Township, requested the following; Requesting a 3- foot variance from the required 10-foot lot line setback for new addition to existing cabin to be 7 feet from lot line. Also requesting a 30’ variance to the ordinary high-water level setback of 75’ to add a second story to existing cabin and 42’ 6” by 46’ addition. 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 Jack Rosenthal and unanimously carried, to approve a variance of 3’ from the required side lot line setback of 10’ for the placement of a new addition 7’ from the side lot line and a variance of 30’ from the required ordinary high water level setback of 75’ to add a second story addition to the existing cabin and for a 42’ 6” by 46’ addition 45’ from the ordinary high water level as described in the variance application dated September 28, 2017 and as depicted on the drawing submitted with the variance application. The hardship/practical difficulty is the angle of the lot line. It was noted that the variances as requested and as approved are consistent with past action of the Board of Adjustment. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for future development. Jason Michael Goff - Variance application approved as requested. (7:15 p.m.) Jason Michael Goff, Southwest Quarter of the Southeast Quarter, part of the Southeast Quarter of the Southwest Quarter and part Government Lot 6, Section 11 of Friberg Township by High Island Lake, requested the following: To replace existing deteriorating and unsafe 25’ high barn and silo with new 25’ high structure. Existing barn is 128’ from closest (N) lake shore and proposed structure would be 118’ from closest (N) lake shore. 1 have two young children and am concerned for their safety, so I would like to replace the bam before it gets worse. 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 Jack Rosenthal and unanimously carried, to approve the variance as described in the variance application dated October 15, 2017 and as depicted on the drawing submitted with the variance application. It was noted that this is an existing farm site and that the variance approval is consistent with past action of the Board of Adjustment. It was also noted that the proposed development will not obstmet the view from the adjacent properties. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development. Michelle and Timothy Richard - Variance application approved as modified with a condition. (7:18 p.m.) Michelle and Timothy Richard, Lot 2 Northland Beach First Addition, Pelican Lake in Dunn Township, requested the following: Requesting a variance to erect a detached garage that falls within lot-line setback and exceeds the impervious surface percentage. Requested setback to be 6’ 7” from property line and impervious surface to be 43.5%. Timothy Richard represented the application 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, seconded by Paul Larson and unanimously carried, to.approve a 3’ 3” variance fi om the required side lot line setback of 10’ for the construction/placement of a detached garage 6’ 7” from the required side lot line setback of 10’ with the condition that no more than 30% of the total eligible lot area can be covered with impervious surfaces. The variances as approved will provide the applicants with a reasonable use of their property. The variances as approved do not directly or indirectly grant any other variances for the proposed or future development. 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DAtej : Signature of Property Owner ;i Y51i i i VicioIIBK^042016-LundoemCoi Primers-.*..Fergus Ftolls. IvlN -800-346-4870.360;800-*;j.ilII II1 ,5 !I !t IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. ID^'loLot Area (ft^): Buildings Other Impervious Surface Existing Proposed Existingi-i2 Proposed Ft^ Ft^Ft^Ft f)(/A: ia^\vC)AAODwellingDeck(s) Attached Garage (240-^WPatio(s) f)\{^Detached Garage Sidewalk(s) IF)?)rerno-i— Storage Shed WOAS Landing(s) MoDriveway(s) RCU Parking Area(s) Z\L>Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous |'?62-Idyp?TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^ Ft^fPTotal Buildings 2Dim.Z-\D>U>&100;.-T-X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Ft^ Total Lot Area Impervious Surface Ratio Ft^ Ft^Ft ,Ahh\An>4&-54'I4&100+X Impervious Surface Calculation Worksheet 04-11-2016 fo/?> nSignature:Date M’-2‘ 12-5' y—EDGE or / ROAD i—FENCE / LINE TENTATIVE APPROACH .?b PROPERTY 612 SF y—CONCRETE ' DRIVEWAY EDGE PIN av-o*■ IPirO' - ■I T •• '•■•1 . I-.I I: . . I t.. ■I I ■I rI...1 CONCRETE DRIVEWAY 840 SF I. TENTATIVE GARAGE 816 SF .■ -I I. .i I, .;1994,1 •?;■ I i-S5■■ ;i '■■■ 1 ••1 •I*', I I, I . I I- ■ 1 Hb’L'DiN.i:i TANK.. ] " I I : \i ■■■•...'I I; ■I' I I "■••II.-..' .1L _J ... :— —••; -I . . Lj___•l T ,is •••; :;; ••*. •• ; ■ : PLANTER SHFb-.. ■ .TO BE . REMOVED : 4 'REPUCED iL: W/ PLANTS 96 SF 1990 • ;• KENN NON;r, planter PERM INFNTI■f i‘-trV.CONCRETE PATIO 240 SF if ’ K 'c1994■tr=3^ RAISI D PLANTER CABIN1Vi 864 SFa1961 ;*s ■>’rX 4-10' 1 '-rM- r-f.4‘-r Iff- PORCH 216 SFis••. ;1991 :■4L^ jO' pumpI y-j-' HOUSE "■'! ■= v>. :• i.’, • ■ l;1893 if. • 's V.> : ••f •j ■ " ir-r ■'13 BOAT HOUSE 288 SF a*<D 1961 • • \a DECK 440 SF n 1961 ! Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW ; Fergus Falls, WIN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottehail.rhh.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Michelle and Timothy Richard 244 Prairiewood Drive S Fargo, ND 58103 has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Mahagement Ordinance, the OtterTail County Set Back Ordinance arid/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, November 9, 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 Ipcated on the northeasterly side of the Government Services Center. Theisecond left off l^ir Ave.) Individuals requiringispecial 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 Lot 2 Northland Beach First Addition, Property Address - 49923 Fish Lake Road ■■ 56501 Section 9, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, Class - GD The variance requested is the following: Requesting a variance to erect a detached garage that falls within lot-line setback and exceeds the impervious surface percentage. Requested setback to be 6’ 7” from property line and imperyious surface to be 43.5%. Stein Board of Adjustment Secretary October 20, 2017 r- 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 20th, day of October, 2017 the attached Notice of!Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Timothy G & Michelle Richard, 244 Prairiewood DR S, Fargo, ND 58103 4613 Douglas Winters, Twp Clerk of Dunn, 50053 Fish Lake RD, Detroit Lakes, MN 56501 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 Darren M Newville, 6146*'’ St NE, Perham, MN 56573 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Jack Rosenthal, 150 Willow RD, Ottertail, MN 56571 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: October 20th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud . STEVEN & DARLENE BERNDT TSTS 2664 MEADOW CREEK CIR S FARGO, ND 58104 7111 DANIEL R & RACHEL C CONRAD 2538 ROSE CREEK PKWY FARGO, ND 58104 6699 DIFFERDING RE ESTINV LLLP 5410 53RD AVE S FARGO, ND.58104 5623 CHARLES A &.PATTY M HENDRICKS 2308 CENTENNIAL ROSE DR FARGO, ND 58104 6825 JAMES D & SUSAN J HAARSTAD 49895 FISH LAKE RD DETROIT LAKES, MN 56501 9451 KENNETH M & MARILYN C HANSON 49909 FISH LAKE RD DETROIT LAKES, MN 56501 9450 LYNDEN &. GLENDA KURTZ TST 6935 RIVERDALE DR HORACE, ND 58047 5712 DONALD JOHNSON 49951 FISFI LAKE RD DETROIT LAKES, MN 56501 9450 DONALD P JOHNSON 49951 FISH LAKE RD DETROIT LAKES, MN 56501 9450 MARKT& JOAN E OTTIS 5350 166TH AVE SE KINDRED, ND 580519603' MARK M &.BARBARA J MALMBERG 432 lOTH ST N OAKES, ND 58474 1011 BEVERLY J NELSON. 49981 FISH LAKE RD DETROIT LAKES, MN 56501 9450 i PELICAN STATION LLC ATTN JOE CURRIER 1110 25TH'AVE N • FARGO, ND 58102 1889 TIMOTHY G & MICHELLE RICHARD 244PRAIRIEWOODDRS FARGO, ND 58103 4613 KENNETH & RAYETTA SENN 3312 7TH AVE N MOORHEAD, MN 56560 2596 ORVILLE & ANNETTE THORSON 49968 FISH LAKE RD DETROIT LAKES, MN 56501 9450 PAUL J & LAURIE A STEFFES 1434B EMPIRE RD DICKINSON, ND 586013617 I i i OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.USOTTCRTflII GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPUCATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER & MARCH 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 #117000991173000 ]), described on my I I Conditional Use/Interim Use Permit I I Application Preliminary Plat Application Q Variance Application Dated Dated Dated [October 8,2017 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: 0 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). 1 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 Ci^nty may have no alternative but to deny my Application(s). lolnjn I DATED PROPERTY OWNER LR- OnlnePern^ttlng Forms 2016: Waiver 60 Day Role Filtable07<^6-2016 a A 1167456 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MH RECORDED ON lX/19/2015 1:02 PM ^ delinquent taxes and transfer entered; \ Certitote of Real Estate Value iO filed ( ) not required. Cert, of Real Estate Value No. ;CjO COo a.?5 (FEE: 96.00 PAGES 2 WELL CERTIFICATE REC'D: YAJm/r)UA_i<f ALOIS' (Year) Wayne Stein, County Auditor/Treasurer XO'— -CO by 170009^ flQ3<X)0 Deputy WARRANTY DEED 00State Deed Tax Due is $ IlDate: V35/I9.3 ■ECRV: FOR VALUABLE CONSIDERATION, Jeffrey K. Lystad and Mary J. Lystad, husband and wife, GRANTOR, whether one or more, hereby convey and warrant to Timothy G. Richard and Michelle G. Richard, GRANTEE, whether one or more, real property in Clay County, Minnesota, described as follows: &rAri: o:- *;:? . „ DEEO iiv' laSa^.oo ' 11 «.|sr (0=1 together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements, restrictions and reservations of record, if any. Lot Two, Northland Beach First Addition, Otter Tail County, Minnesota. Check applicable line: The Seller certifies that the Seller does not know of any wells on the described real property. )^^^^^^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. i WITNESS, the hand of the GRANTOR: STATE OF ) ) ss: ndMCOUNTY ) day of Wl4AdJo ^The foregoing instrument was acknowledged before me this 2015, by Jeffrey K. Lystad and Mary J. Lystad, husband and wife. Grantors. n CA(LmmUiMSEAli * DANIELL,rNAG^ J Notary Public AJi— County, JJpfotary Public,Stale of North Dakota My Commission Expires January 16,2U2U i V 'W '4^ 't‘ THIS INSTRUMENT WAS DRAFTED BY:Tax statements for the real property described in this instrument should be sent to:FM Title 101 8*'’ Street South Fargo, ND 58103 (701) 893-1000 Timothy G. and Michelle G. Richard PraiViVulnrv^ S IV I> ^*^103_____ 2 I- October 7,2017 Land Use and Management Commission Otter Tail County RE: Michelle and Timothy Richard Application for Variance Dear Commission: We are the owners of the property at 49931 Fish Lake Road, Pelican Lake, MN, which is adjacent to the property owned by Michelle and Timothy Richard. The Richards have discussed their Application for Variance with us and we have no objection to the Commission granting this variance, and specifically no objection to request for a variance from the lot line setback requirement. 1! Sincerely,r 5: Lynden and Glenda Kurtz ; ,•; a , < !