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Home My WebLink About17000991529001_Variances_08-10-2017OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.QTTER-TAIL.MN.US GOVERNMENT SERVICES CENTER 640 WEST FIR AVENUE FERGUS FALLS. MN 56537 218-998-8095 FAX; 218-998-8112 March 26, 2018 Michael E Fitzgerald Heidi M Fitzgerald 4284 M^’ StS Moorhead, MN 56560 RE: Variance Application for Subdividing Tax Parceis 17-000-99-1529-000 and 17-000-99-1529-001 LiWe Pelican Lake (5^761) Dear Michaei E Fitzgeraid & Heidi M Rtzgerald; I have reviewed the Variance Application fiied July 13, 2017 requesting to subdivide a 2.66-acre tract from 17-000-99-1529-000 and a 0.18-acre tract from 17-000-99-1529-001. On August 10, 2017 the Board of Adjustment approved the Variance Application as requested. Please be infomned that the approval of the 2.66-acre tract (from 17-000-99-1529-000} allows for you (the Fitzgerald’s) to retain a metes and bounds parcel being larger than the minimum 5-acre requirement (per notes on Anderson Land Surveying map dated July 12, 2017), in the Subdivisions Controls Ordinance of Otter Tail County. If you have any questions, please contact me. Marsha Bowman Office Administrator MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY HOARD OF ADJUSTMEM Thursday, August 10, 2017 The Otter Tail County Board of Adjustment met Thursday, August 10,2017, with the follow ing persons in attendance; Paul Larson Darren Newville Eric Babolian, Land and Resource Management Jessica Fosberg, Land and Resource Management Kurt Mortenson, Assistant County Attorney Thomas l^e Steve Schierer Chris McConn Rick Wilson Called to Order - Steve Schierer, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the July 13, 2017 meeting as mailed. The Board of Adjustment considered the following applications for variance: Scott Groth - Variance application approved as requested. (6:32 p.m.) Scott Groth, part of Lot 13, Midway Park Addition and part of Lot I Clearmont Beach, Otter Tail Lake in Amor and Everts Township, requested the following: Adding on to existing building. Where one side will be projected to be 7’ from lot line. Addition is 20’ by 15’. Required setback is 10’. Requesting a 3’ variance. The audience was polled with no one speaking for or against the variance as requested. A letter from Douglas Geeslin in support of the variance as requested was read for the record. After discussion and consideration, Paul Larson made a motion, seconded by Darren Newville and unanimously carried, to approve a variance of 3’ from the required side lot line setback of 10’ for the placement of a 20’ by 15’ single story addition T from the side lot line. The variance as approved allows the extension of the existing 24’ w all 15’ towards the ordinary high water level, which will place the proposed addition 133’ from the ordinary high water level as depicted on the drawing submitted with the variance application. The proposed development is in line with the existing structure and the granting of the variance as requested is consistent with past decisions of the Board of Adjustment. The variance as approved does not directly or indirectly grant any other variances for the proposed or future development. Mike Fitzgerald and Barry & Lynettc Johnson - Variance application approved as requested. (6:37 p.m.) Mike Fitzgerald and Barry & Lynettc Johnson, part of Reserve Lot I, Pelican Heights Subdivision, Little Pelican Lake in Dunn Township, requested the following: We are requesting a variance for the following: To allow a metes and bounds subdivision of a 2.84 acre non-residential parcel, being 2.66 acres in Parcel No. 17000991529000, Michael and Heidi Fitzgerald’s property and being 0.18 of an acre in Parcel No. 17000991529001, Barry and Lynette Johnson’s property. This 2.84 acre parcel is to be permanently attached to Parcel No. 17000020016014, Dennis and Joan Porter’s lakcshore property, represented by Robert Porter their son. To affirm that Johnson’s property is to remain as a buildable lot with no adverse effect in that regard from the proposed 0.18 of an acre conveyance to Porter. To allow the existing Porter garage to remain where it is within the 2.84 acre parcel. The most southerly comer of the garage lies 3.2’ northwesterly of the northwesterly right-of-way line of Dahl Road. We are asking for a variance of 16.8’ from the 20’ setback line from a public road. I lie 2.66 acre parcel was surveyed on August 11, 1993 by Roy Smith for Dennis and Joan Porter and was included in the Porter abstract updated on October 20"', 1993. But unknown to Robert Porter, their son, the subdivision was never properly recorded with the County. At that time subdivisions of 2.5 acres were allowed within a shoreland area. Our intention through this variance request is to allow the previous 2.66 acre subdivision, with 0.18 acres of additional land necessary to encompass the existing Porter garage. The proposed non-residential use would be in conformance with the use of the neighboring back lot. Glenn Howe, Professional Land Surveyor and Barry and Lynette Johnson represented the variance application at the public- hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Rick Wilson made a motion, seconded by Thomas l.ee and unanimously carried, to approve the variance as requested in the variance application dated July 12, 2017 and has depicted on the registered surveyor’s drawing and other supporting documents submitted with the variance application. The variances as approved do not directly or indirectly grant any other variances for current or future development. I'J 5zf^ ooo ^ ? m ft* * C. 1194824 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTV RECORDER EERGUS FALLS, MN RECORDED ON 08/15/Z0I7 9:46 AM rEHEWED UL 13 20W l_AND&RESOb«Ct ;OD E FEE: 46.00 PAGES 7 WELL CERTIFICATE REC'Dt N tCOo «D • •X CD <CO 7- lylotjL&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RrCORDER 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 Appliciation Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number 7-/3-2CM7 '!ol-3i>i'3n9<i mlKe . IME PHONE,aifi-g3a-7yoe ; Accepted By / Date fOiiie F/'hLqpraJj favru kluneHe MAILING ADDRESS mfiorhpArlj mAJ St£hO Pe+rarf Ua-Kcs I mA/ ShSOl Liiile Tklican. iaJ\Q. PROPERTY OWNER 7?nSic'l\c\LAKE NUMBER LAKE NAME LAKE CLASS Dtchru! 37 RANGE VP'SECTION TOWNSHIP TOWNSHIP NAMETVoperiu l=> nDr'fEiU)Cfe+ illby\l 'Rcxiri ^‘TcTTWruc UI, TfeJlinn tietqhfe Subdiy/P/rDc. 3e€ LOD Db(l-ULn^er^4' IC>9^3^3 ar\d ?27<37<5. /7^50o9<?/5'.?9AaoPARCEL NUMBER ntDCti^lS3<^00 / E-911 ADDRESS TYPE OF VARIANCE REQUESTED (Please Check) ____Sewage System_____Subdivision^^X WECS Misc.Structure Setback Structure Size Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We are reouestine a variance for the following: To allow a metes and bounds subdivision of a 2.84 acre non-residential parcel, being 2.66 acres in Parcel No. 17000991529CXX), Michael and Heidi Fitgerald's property and being 0.18 of an acre In Parcel No. 17000991529001, Barry and Lynette Johnson's property. This 2.84 acre parcel is to be permanently attached to Parcel No, 17000020016014, Dennis and Joan Porter's lakeshore property, represented by Robert Porter their son. To affirm that Johnson's property is to remain as a buildable lot with no adverse affect In that regard from the proposed 0.18 of an acre conveyance to Porter, To allow the existing Porter garage to remain where it is within the 2.84 acre parcel. The most southerly corner of the garage lies 3.2 feet northwesterly of the northwesterly right-of-way line of Dahl Road. We are asking for a variance of 16.8 feet from the 20 foot setback line from a public road, (see back side of application) I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT OROINANCE/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 MANAGEMENl REGARDING THIS MATTER 1 ^ENT^OR^yytlfeR DATESIGNATURE OF PRlSf ERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) : The 2.66 acre parcel was surveyed on August 11,1993 by Roy Smith for Dennis and Joan Porter and was Included In the Porter abstract updated on October 20“' 1993. But unknown to Robert Porter, their soa the subdivision was nrar properly recorded with the County. At that time subdivisions of 2.5 acres wrere allowed within a shoreland area. Our Intention through this variance request Is to allow the previous 2.66 acre subdivision; with 0.18 acres of additional land necessary to encompass the existing Porter garage. The proposed non-residentlal use would be In conformance with the use of the neighboring back lot. t Time S'- 3‘^/a. SCi /*7Date Of, Healing i Motion Mike Fitzgerald and Barry & Lyoette Johnson - Variance application approved as requested. (6:37 p.m.) After discussion and consideration, Rick Wilson made a motion, seconded by Thomas Leeand unanimously carried, to approve the variance as requested in the variance application dated Juiy 1?, 2017and has depicted oh the registered si^yoris drawing and other supporting documents subihitted with the va^ce application. The variances as approved do not directly or indirectly grant any other variances for current or future development ' I \ 'i : I V Chaimran/Otter Tail County BoaiiLof Adjustment Permit(s) required from Land & Resource Management ______Yes (Contact Land & Resource Management) ^ No r HR Officlal/Dats j Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-C01 j . 1 ; ^ 'j-rvc-rS PW '^1 Vat"(CM/1 CXC>-^<7 - ( 5^-cxy REDEWED ^-xc/^ IS'J-' n- •*i JUL 13 2017 i.andsresoi'RC''' k, ! i Existing Back Lot 5z <• ■JOoms®OJOmm03<O m5oom II liu 1 RECEIVED JUL IJ 2017 tANDSRESOORCF Existing Back Lot t 'i f II i aag^'5i^- s,'-.aFA K 5Z 3)o mpoo33mm<03o mcza33 ■ Voe-Sm - b RECEIVED J'-L 13 2017 LAND&RESOdRCEExisting Back Lot ts. ’» 5Z J3ompoo33mmCD<o m5oom ia k:S5’i9 rr* !1}i 1 REOBUED JUL 1 3 2017 lAND&RESOORCF Neighboring Lot I I i Ii I Kt 5zD 33 moJ3mm05<:o m5oom Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falis, MN S6S37 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.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: Mike Fitzgerald 4284 14"' Street Moorhead, MN 56560 Barry and Lynette Johnson 25990 Dahl Road Detroit Lakes, MN 56501 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 fpr this hearing on Thursday, August 10, 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 (eft 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 Reserve Lot I - Pelican Heights Subdivision, Property Address - Property is Northwest of 26186 Dahl Road Section 2, Township 137, Range 42 - Township Name - Dunn Lake No. 56-761, Lake Name - Little Pelican, Class - RD The variance requested Is the following: We are requesting a variance for the following: To allow a metes and bounds subdivision of a 2.84 acre non-residential parcel, being 2.66 acres In Parcel No. 17000991529000, Michael and Heidi Fitgerald’s property and being 0.18 of an acre in Parcel No, 17000991529001, Barry and Lynette Johnson’s property. This 2.84 acre parcel is to.be permanently attached to Parcel No. 17000020016014, Dennis and Joan Porter’s lakeshore property, represented by Robert Porter their son. To affirm that Johnson’s property is to remain as a buildabie lot with no adverse affect In that regard from the proposed 0.18 of an acre conveyance to Porter. To allow the existing Porter garage to remain where It is within the 2.84 acre parcel. The most southerly corner of the garage lies 3.2’ northwesterly of the northwesterly right-of- way line of Dahl.Road. We are asking for a variance of 16.8’from the 20’setback line from a public road. The 2.66 acre parcel was surveyed oh August 11,1993 by'Roy Smith for Dennis and Joan Porter and was included in the porter abstract updated on October20"', 1993. But unknovvn to Robert Porter, their son, the subdivision was never property recorded with the County. At that time subdivisions of 2.5 acres were allowed within a shoreland area. Our Intention through this variance request is to allow the previous 2.66 acre subdivisioni with 0.18 acres of additional land necessary to encompass the existing Porter garage. The proposed non-residential use would be in conformance with the use of the neighboring back lot. Stein Board of Adjustment SecretaryJuly 21,2017 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 25th, day of July, 2017 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Mike Fitzgerald, 428414*^ ST, Moorhead, MN 56560 Barry and Lynette Johnson, 25990 Dahl Road, Detroit Lakes, MN 56501 Robert Porter, 437 43'^ Ave Si Moorhead, MN 56560 Douglas Winter, Twp.Clerk of Dunn, 50053 Fish Lake RD, Detroit Lakes, MN 56501 Little Pelican Lake Assoc., % 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, 15091^* Ave N, Fergus Falis, 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 Christopher McConn, 704 Sunset DR, Fergus Falls, MN 56537 Rick Wilson, 609 W Lakeside DR, Fergus Fails,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: July 25th, 2017 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: (W-h Vi Manderud ioSPOTLLC 1409 163RD AVE SE GRANDIN, ND 58038 9719 JASON JBAKKEN 26237 DAHL RD DETROIT LAKES, MN 56501 DUANE BARNARD 51759 PINEWOOD RD ^ DCTROIT LAKES, MN 565019437 JEFFREY A 8t MELODY RUTH BOBER 26093 LITTLE PELICAN TRL DETROIT LAKES, MN 56501 9436 ADAM E BECK & EVA DRINKA ET AL 7367 TIMBER RIDGE RD ROSCOE, IL 61073 9719 EMILY BURGGRAFF 2928 EAGLE DR MOORHEAD, MN 565606804 CAMP SUSS LLC C/0 RUSSELL & PEGGY SEVERSON 26051 LITRE PELICAN TRL DETROIT LAKES, MN 565019436 JEREMY S & JULIE M BUSCHING 5137 9TH AVE S FARGO, ND 58103 7241 BARBARA DUBORD PO BOX 313 KINDRED, ND 58051313 DENNIS L & JEANIE ENGEBRET50N 26174 DAHL RP DETROIT LAKES, MN 565019480 MICHAEL E & HEIDI M FITZGERALD 4284 14TH STS MOORHEAD, MN 56560 7406 TODD I FAIRCHILD 51858 PINEWOOD RD DETROIT LAKES, MN 565019437 GREG T IVERSON & DAWN M GORMAN 518 lOOTH AVE NW MOORHEAD, MN 56560 7214 GERUD A & MICHELLE R HETLAND 17672 72ND PL N MAPLE GROVE, MN 553112524 DWAYNE M HIRSCH 26164 DAHL RD DETROIT LAKES; MN 565019480 STEVEN C LEACH 26067 LITTLE PELICAN TRL DETROIT LAKES, MN 56501 9436 KEVIN KELLY ETAL 10 LONGACRE CT PORT JEFFERSON, NY 11777 1321 BARRY & LYNETTE JOHNSON 25990 DAHL RD DETROIT LAKES, MN 56501 9435 ILENE NEIRBY 3306 VILLAGE GREEN BLVD APT 106 MOORHEAD, MN 56560 5487 PETER G MURCH TST 2501 WEST COUNTRY CLUB DR S UNITA FARGO, ND 58103 5752 BRADLEY W & BARBARA E OLSON 26121 LITTLE PELICAN TRL DETROIT LAKES, MN 565019436 S 8i S TST 1000 IDAHO RD S #697 , APACHE JUNCTION, AZ 85119 6431 JAMES A 5AUVAGEAU 60414THSTS FARGO, ND 58103 2512 DENNIS & JOAN PORTER 651APPLETREE LN MOORHEAD, MN 56560 3218 CLIFFORD G & GAIL M THOMPSON 51760 PINEWOOD RD DETROIT LAKES, MN 56501 9437 ARDITH J SOLHEIM 3360 38TH STS MOORHEAD, MN 56560 6911 GARY 8i CHRISTINE SHIELDS 3219 CHERRY LYNN DR GRAND FORKS, ND 582017639 JON AVANNETT 1421 MAIN AVE MOORHEAD, MN 56560 3004 ^ ALDEN D & GRACE E VANNETT 8P6 3RDAVE NE JAMESTOWN, ND 584013214 - -z3tjnvc.-fXfn-o~SKcrix:n'....IN RES LOT I OF PELICAN HEIGHTS SUBDIVISION OTTER TAIL COUNTY, MINNESOTA I 4 iM/c6// c> I ' I / /' h, ,Ay/; 8 k'/Si'N, n/ o Moa! eoshriy corner of Lof d P£LfCAN HE/GHTS ^UdOfVJSfON o'w iO» a‘Iv"Vi^' V,Vs %'T X <b<b %7i/0 /•0°0*^,V ✓ ' y Sd^/^•s ■to;y/✓ \5/.\y \^y \\A\\w /'X/\ '<fy/>5f' '< ' / \SURVEYOR;/yy Hoy A. Sroi\b ond Aaioclotos Lfricofn Piroftfij/onof Confer Oafro/f Lokeo, M/nnooofo 'v y LEGEND I • c Denoles Iron monuments of record, Orlenlofion of beoring system Is assumed. Scole ; I inch a 200 feet I b*roh/ir canity Uiui Ibie ourvuy. *> - pieporcd by m« or uadw ny aup^rv^ion ony^hat I am o duly Rapi# kd undoxAa lawe of iba 400>0 GRAP»C. SCALE I adkibv* Ui/ H’Fl'ii Heo.No./ifi®Jtnn»e.7 -r V'fSl -IL ROY A. SMITH & ASSOCIATES, INC. LAND SURVEYING AND CONSULTING ENGINEERING Ceiinty Survtyor For Becker Connly Lincoln Professional Center V10 Lincoln Ave.DETROIT LAKES, MINNESOTA SiMI 3)e-M7-asS9 ^CSVED JUM I'! '^‘RSSOURCE A1 Dahl to Dennis Porter -- Part of Reserve Lot I Land description; That part of Reserve Lot I of PELICAN HEIGHTS SUBDIVISION, said plat is on file and of record in the office of the Recorder of Otter Tall County, Minnesota, described as follovis: Beginning at the most southerly corner of Lot 8, Block 7, of said PELICAN HEIGHTS SUBDIVISION; thence North 36 degrees 49 minutes 36 seconds East 225.00 feet on an assumed bearing along the southeasterly line of said Lot 8 to the most easterly corner of said Lpt 8; thence North 13 degrees OG minutes 00 seconds East 160.00 feet along the easterly line of Lot 7 of said PELICAN HEIGHTS SUBDIVISION; thence South 25 degrees 15 minutes 38 seconds East 667.68 feet to the southeasterly line of said Reserve Lot I; thence South 54 degrees 09 minutes 00 seconds West 97.00 feet along the southeasterly line of said Reserve Lot I to an angle point; thence North 49 degrees 16 minutes 45 seconds West 497.64 feet to the point of beginning. The above described tract contains 2.66 acres. •? \ II I i ; }iS iH' 4*J ». I I I h i' t n\ Marsha Bowman Marsha Bowman Thursday, March 02, 2017 11:53 AM Kim Mark Johnson Property, 17-000-99-1529-001; Little Pelican Lake (56-761) SKM_454el7030212040.pdf From: Sent To: Subject Attachments: Hi Kim, I am not sure when the conversation you are referencing took place, however after talking to you, I did talk to Lyn Johnson and to Josh (Meadowlands) and explained that they have two options - to either file a plat or to file for a variance. Josh seemed to understand. In my conversation with Josh, I indicated that a boundary line adjustment is not defined in either the Shoreland Management Ordinance of the Subdivision Controls Ordinance - again, he seemed to understand. I have attached a copy of the survey (Anderson l_and Surveying) that was provided to me (it includes my notes). Mcw'jJwvSownta+v OffUx/Ad*ntAxittrator Land/£f Ketource'Hanagewent QSC, 540 V) rir HN 56537 218-998-8099 From: Kim Mark Sent: Thursday, March 02, 2017 11:08 AM To: Marsha Bowman Subject: hi Meadowland sunr called me regarding the Lynette Johnson parcel, she told him that now she wanted to do a boundary line agreement. I said with out it being fitzgeralds garage encroaching its not really a BLA, so he was going to call her back and see cause I said she never once mentioned doing BLA but selling that little sliver to porter. What is the width of the sliver along the road? 1 Marsha Bowman From: Sent: Marsha Bowman Tuesday, February 28, 2017 2:05 PM 'Samuel Felix' Bill Kalar RE; Robert Porter/Lynette Johnson (17-000-99-1529-001); Little Pelican Lake (56-761) To: Cc: Subject: Samuel In order for the Johnson’s to subdivide their parcel (17-000-99-1529-001), they would need to either go through the Platting Process or file for a variance(s) to create a parcel of less than 5 acres. The information provided along with the Preliminary Plat and/or Variance Application will be reviewed for compliance and assist in determining what variance requests are necessary. It is not possible for me to predict the results of the Planning Commission and/or Board of Adjustment. If you have any further questions, please contact me. Marsha MaoTwi/ScnvmfMv OfftcefAdnUniitrator Levnd’Cf Reiource'Mcwa^e*»ie»\t QSC, 540 U; Fir FerguyfcUU-. FIFJ 56537 218-998-8099 From: Samuel Felix fmailto:sfelix@firmanswer.com1 Sent: Tuesday, February 28, 2017 10:08 AM To: Marsha Bowman Subject: RE: Robert Porter/Lynette Hohnson (17-000-99-1529-001); Little Pelican Lake (56-761) Marsha, My thanks for your email. I have spoken with my client and she understands that you cannot provide the originally requested assurance. She would still like assurance on a very narrow issue: Whether she can resell the parcel that she will receive following the conveyance to Mr. Porter and if the county will record the new legal description as it is less than 5 acres, or whether she will need to get the property platted or request a variance. If you could speak to that issue, it would be much appreciated by myself and my client. WitJi Regards, Samuel D. I'elix Attorney at haw 450 West Main Street Perham, MN 56573 sfiTix^tt Tirrnansw er.cum Phone: 218-346-4995 Pax: 218-346-4405 1 CONFlDENTL\LlT\' KOTICIi: 'Jlie information contained in this communication is confidential, may be altoniey-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of The I.aw Office of Karkela, Hunt & Cheshire, PLLP. Unauthorized use, disclosiue or copjing of this communication or any part thereof is strictly prolubited and may be unlawful. If you have received this communication in error, please notify’ us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. From; Marsha Bowman [mailto:MBowman@co.ottertail.mn.us1 Sent: Tuesday, February 28, 2017 9:11 AM To: Samuel Felix <sfelix@firmanswer.com> Cc: Bill Kalar <bkalar@co.ottertail.mn.us> Subject: Robert Porter/Lynette Hohnson (17-000-99-1529-001); Little Pelican Lake (56-761) Mr. Felix; This is in response to your request (attached) for a letter of verification from Otter Tail County in regards to a proposed subdivision of the Johnson property. Your letter did not include any detail of the proposal, however I assume this letter is referencing the proposed subdivision on the Certificate of Survey (Anderson Land Surveying), Drawing Number 7979 (provided to our Office on February 22, 2017). In reviewing the drawing and the minimum requirements of the Shoreland Management Ordinance, there are too many unknowns at this time for Otter Tail County to make that determination. If you have any questions, please contact me. Marsha MarjlwSowtruwv Office Ad^yiOniitrator LoMjdySf Kaource^Klcbnageinent (55C, 5W W Tir MW 56537 218-998-8099 2 Marsha Bowman Marsha Bowman Tuesday, February 28, 2017 9:11 AM 'sfelix@firmanswer.com' Bill Kalar Robert Porter/Lynette Hohnson (17-000-99-1529-001); Little Pelican Lake (56-761) From: Sent: To: Cc: Subject: Mr. Felix; This is in response to your request (attached) for a letter of verification from Otter Tail County in regards to a proposed subdivision of the Johnson property. Your letter did not include any detail of the proposal, however I assume this letter is referencing the proposed subdivision on the Certificate of Survey (Anderson Land Surveying), Drawing Number 7979 (provided to our Office on February 22, 2017). In reviewing the drawing and the minimum requirements of the Shoreland Management Ordinance, there are too many unknowns at this time for Otter Tail County to make that determination. If you have any questions, please contact me. Marsha t^cwihcuSowmcMV Office^AdmivUityator Lcnxd/£r 1ieiOurce'h^CMUiQeme*\t GSC. 5WW Fir ferguyfcdli-, MW 56537 218-998-8099 1 KARKELA, HUNT & CHESHIRE, PLLP Attorneys & Counselors at Law rECEWE'^ ra 27 2017 LAND&RESOUflCt February 24, 2017 Attorneys: Paul B. Hum Sarah R. Qieshire Samuel D. Felix •*Marsha Bowman Otter Tail County Land and Resource Government Service Center 540 West Fir Fergus Fails MN 56537 Terry A. Kailcela • Retired Offices !n: Fergus Falls Perham RE: Robert Porter/Lynette Johnson Dear Ms. Bowman: This correspondence is to advise you that our client is requesting verification from Otter Tail County that upon the sale of property to Mr. Porter, that future sales or construction on my client’s remaining property will not be affected in any way due to the decreased size of the lot. With Regards, Samuel D. Felix sfelix@firmanswer.com tm 450 Wcsl Main Street • Pcrl'ani. MN 56537 Phone:218-346-4995 • fa.x: 2)8-346-4405 • website: www.ririnanswer.com *Qiiaiincd NeuU~al Under Rule 114- Licensed in North Dalcota —^ J&U^ ^ ‘f.7.7(/ Ac- \ ■«,«3 •O CP *9 W E sCAtf \*i rtfT •■S«i^ < MCM • &} 'trr er4»«9 4«ra*srp Oi crrFv gcs ACxoTmr 49 OFiiun-^zi* tfr i.’ hs Cauaffr CCTtanw DO kT s cperrs :S» !-«»tiWT CTT mun:} ^5 Ctwfl ( i«?».! s potmn ruMme bms *«iv ac4s» ctu; err nuirro *«la'-k SaC. i C. T R. --r2: ,3 ■/,nSdHTS JwC'Ju^* w"! «.A'"'-^0^ 6ko_cl ■’•'__Ke '€h|oli( q Kl5 re.Q^<ii-y r^curcic(/^ | \! 'HnSL. JOI'^ciAn , : ,, . , received / ,.M52“? \ W; PEB 2 2 2017 / f-fsf >; /fie ^46 ic Hf'^-il-/'?95 e? svi'M-^-y'j QjdfutSso «1C4<<«. iijrs g.qj7v:;%i,"!"kp#!if Si'S LC7 ; S!CJ:< \ p>' : a-i; 'y ?y'■/c t’aFTiifAW !‘sk :/!CH/Si'k I >k ?.a^ jscp£s (5 f-^-f ^CL I i £rtr fcrtrerera tCT *or IC4*< »«*.T9 fc«r/// 1 1•:.2V . -c»() y\^5 to ^"■ :^r K{<^v^-«cl 'V> W loLicU^^ WERT PORTER ii^(( I f-' / h-r3 icr t \ /lOf AssiTTANCi rot! coMtCTJve. rmi mnposa. \rYonscrnvrtCATt^rVC^7I encMt mrzirn «i<c;.vrK3)%%•* eni cermet of a wy’wy of—'‘ted Lrd, 9d Vvt UJO» prtptrtd ^ »-• trd t»ist / ^Tt 0 <&■>f irw State cf n^^fOCia. Ckiterf J>t* day* a/ ’6 W.-ai4» PVv<«s»o^■Ss 'IFICATE OF SURVEY FOR- FiSXD tJCKK ALS‘fTe>fiScc«/»kw flrecu FOLDTP. Field cpem Mkchecked erL-B/SCHCPD f:i£3AD-\A DPAi^-»*S KunotPf'"'y'Utinsw-( 0^ r LAND & RESOURCE MANAGEMENT, OTTER TAIL COUNTY Government Services Center, 540 West Fir, Fergus Falls, MN 56537 (218-998-8095) vWvw.co.otter-tail.mn.us Minimum Lot Area, Water Frontage & Lot Width Requirements - Lakes and Rivers (From Page 10 of April 8, 2016 Shoreland Management Ordinance) LAKES RD^ NE RIVERSi) GD U &T Aq Trans RIPARIAN LOTS LOT AREA (Ft") * Single Family Residential -Duplex Triplex Quad Buildable Area (Ft Single Family Residential Sewage Treatment Area (Ft ’) ** Single Family Residential 20,000 40.000 60.000 80,000 40,000 80,000 80;000 120,000 120,000 160,000 160,000 200,000 20,000 40.000 60.000 80,000 40.000 80.000 120,000 160,000 60,000 120,000 160,000 200,000 8.4O08,400 8,400 8,400 8,400 8,400 2,500 2,500 2,500 2,500 2,500 2,500 WATER FRONTAGE & LOT WIDTH (Ft) 100Single Family Residential Duplex Triplex Quad 150 200 100 250150 300180225 150 225 375 260 300 400 200 300 500 375340 500 250 375 625 ; NON-RIPARIAN LOTS ^OTAREAlFt Single Family Residential Duplex Triplex Quad Buildable Area (Ft Single Family Residential —Sewage T reatment Area (Ft 80,000 160,000 240.000 320.000 40.000 ; 40,000/ 80,000 80.000 80,000 160,000 120.000 120,000 240,000 160.000 160,000 320,000 40.000 80.000 120,000 160,000 40.000 80.000 120,000 160,000 8.4008,400 8.4008,4008.400 2,5002,5002,5002,5002,5002,500SingieTamily Residential LDTWtDTH-fFt>-^CT 250150Single Family Residential Duplex Triplex Quad 100200150150V. 375225150400265265 500300200600375375 625375250800490490 * Excluding all public road right of-ways, wetlands, bluffs, or land below the OHWL of Public Waters. •• Required for all proposed Subdivisions, the proposed location may be varied with approval from Land & Resource Management. 3G0.502 • Victof Lundc-cn Co,. PfiniGfs • Fergus Falte. MN • 1*800-346-4070Minirruim Shoreland Standards Handout 04-14-2016 Minimum Structure Setback Requirements - Lakes and Rivers (From Page 11 of April 6, 2016 Shoreland Management Ordinance) RIVERSLAKES TransU&T AqSETBACKS (Ft) Elevation Above OHWL NERDGD 3333Vertical Separation* Setback From 33 OHWL 15010010020075100Dwellings! Non-Dwellings WOAS Lotline** Single Family Residence Commercial PUD Residential PUD WOAS Top of. Bluff Road Right-Of-Way (Public / Private) 202020202020 1010101010 10 50505050 5050 50 5050505050 40 65 11565 9040 30 3030 3030 30 20 202020 20 20 All Structures Septic Tanks 1010101010All Structures 10 Soil Treatment Area 202020202020Dwelling Non-Dwelling Maximum Structure Height 10 10 10 10 1010 35 35 35 35 35 35Dwelling Non-Dwelling *** WOAS 20 20 20 20 20 20 10 10 10 10 10 10 * For lakes, by placing the lowest floor, at a level at least 3’ above the highest known water level, or 3' above the OHWL, whichever is higher. For rivers, by placing the lowest floor, at least 3 ft. above the Regional Flood Level, the OHWL or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish the flood protection elevation. WOAS may have the lowest floor placed lower than the elevation determined in this subpart if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. ** Lotline setbacks shall not apply to vision obstructing fences which are not greater than 6' in height. *** Except Non-Dwelling Buildings more than 400 ft. from the OHWL of a Lake and/or 300 ft. from the OHWL of a River. Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must not exceed 20% of the lot area; impervious surface coverage in the Shore Impact Zone must not exceed 260 ft^. The current revision of the Shoreland Managerrient Ordinance of Otter Tail County is available at www.co.otter-tail.mn.us or Land & Resource Management. otter Tail County, Minnesota ^ccuracy is not guaranteed. NOT to be construed or used as a legal description. ;>121231 f. 12543;k'5 • I,1'C0005001Mr,D i';1 ; 4 5 ■3 : -5,I6c 6 N. •/o' QRESERVE LOT J ■ 3r: <1?CO 17000020018007I7f>r:nr<ii5.in!50'5 '7 )iO■j84^’ o o8 ;i ROW r. r-t I?si. .5 ITOaO’XrOfEo;I PT»V, ^r'ROW 1 15.ITH tv16 .BLpCK 2 4 • V2 . 170D0V ; uniLi^ucis ua’f-'ti.14•■'T.-rr';e-- SOO FI I ]l Copyright 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENCE purposes only, THIS IS NOT ALEGAk DOCUMENT. \Ated Feb 22 2017 10:10:07 AM. fi(.0f Ac) I otter Tail County, Minnesota Accuracy is not guaranteed. NOT to be construed or used as a legal description. [ 170DGD2001Cn09>i i! 3 i /( /--__i ;II' i RESERVE lot/ 1700002001B00717000!J01530000 /f o or>oo i ncnxtssxzo o 170C I BLpCK 2 ii i f oi Copyright 2014 Otter Tail County, MN. Accuracy is NOT guaranteed. For REFERENCE pui^oses only. THIS IS NOT ALEGAL DOCUMENT. Wed Feb 22 2017 10:09:26 AM. (if.Z7 A<02.7-00/ / ;\ 17000991613000 17o6o99151206o17000991514000|l70009915150p03 2 1 17000991506000 I i 1 1000991507000 o, - ■17000991516000 Pd pL-f tv. £Vi II /iiQ)3 <a:i tv. 0<)Iva\S!(V3 r * UwcH«- EW{^e.-r MfllV / n-^0 •‘tv!I !! ]! 17000991529000 ‘>•<4 17000991519900 8( RESERVE LOT I 17000991519001 1700002001801 9/!/ ■■ -■'^.iDoiean17000991520000 DTH .IN INTERESTS GRC SCALE DRAWING: FORM nooo^i^ I &2900(D Tax Parcel NumtTerts) The scale drawing must be a signed drawing which includes ar>d Identifies a graphic scale (leol). all existing and/or proposed structures, septic tanks, draInfioWs, lotlines, road right-ol-ways, easements, OHWLs, wells, wetlands and topographic leatures (i.e. Wufls). Must also complete ihe Itnpervious Surlace Calculation (see back). I= 20Scale iRtilt04 Le»V X Pt\'CA»N U<r‘^Uijk (Q - \ rt.tS KT i 2. (i> 4 iVue\ hcLs rccatji ^0Li I ; s/sT///«// /r/ ;/i7>I ///r // l5‘' /^ / ! ■■/ // \ /0 /1I -IRoi^e) oG>/\\ /// ^ Dale I OwnerSignature ol Proper^ 3^.uo • vtc»iiiriftnCa.r'.>n«3 • F«5ft->rf:5 • >-fl003«v*a70BK-> 032014 i IMPERVIOUS SURFACE CALCULATION List & identify ali existing & proposed onsite Impervious surfaces on scale drawing. Signature: jlJ irT^'i/ Date:oo,/n /'!-![ i.^9o<0>Lot Area (ft*): Other Impervious SurfaceBuildings Existing ProposedExistingProposedFt*Ft*Ft*Ft* Dwelling Deck(s) Attached Garage Patio(s) Detached Garage Sidewalk(s) Storage Shed Landing(s) WOAS Drivewayfs) RCU •■.soeo-Parking Area(s) Miscellaneous Retaining Wali(s) Landscaping (Plaslle Bairief)Miscellaneous ;^c>0(0TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surfece Percentage Maximum Allowable 20% Existing Impervious Surface Ratio Proposed Total Lot AreaFt*Ft*Ft*Total Buildings Ft . «• . oossCpns^oD . ssCot:-±:':o 100X-;++ Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings Other Impervious Surface Existing Impervious Surface Ratio Proposed Totai Lot AreaFt*Ft*Ft*Ft* I\s^&o 100+x S-}is s Impervious Surface Calculation Worksheet 03-25-2014