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Home My WebLink About17000991611000_Variances_08-23-2018Date Stamp 1212648 RECEIVED “■ AU8 2 3 2818 LAN0SRE90UWCF CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/03/2018 01:39 PM FEE; 46.00 PAGES 2 WELL CERTIFICATE REC'D; N o -CT) . . 'CO L&R Initial The above space is reserved for the county recorder APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL Government Services Center, 540 W Fir Ave, Fergus Falls MN S6S37 218 998-8095 www.co.otter tail.mn.usWripTfiH Application Fee — Receipt Number ^ Accepte£^yJ^^V^^Date Property Owner K’f V~^ 3 ^ ^ ■5'oc» So Name Char ■* Mike Solberg Address AW VA,WtSD\V)tr^ fYCity State HO Zip Daytime Phone 701-306-7460 or 701-306-8768 Email msolberg@bellbanks.com Parcel Information Lake Class ;gdLake NameLake No j 56-786 Pelican Lake Parcel Number(s)1700099161100017000991610000 Parcel Number(s) I Section 17Township Name Legal Description Dunn Sect-17, Twp-137, Range-042 23498 Pelican Bass Lane, Pelican Rapids, MN 56572Physical Address TYPE OF VARIANCE REQUESTED (Please Check) I mstructure Setback SubdivisionSewage SystemStructure Size [MiscellaneousWECSCluster 1 ; SPECIFY HOW YOUR PROJa VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBUC NOTIFICATION. We are requesting a variance to subdivide Lot 29 and permanently attach a portion to Lot 28. As part of the variance, we are requesting that the remaining portion of Lot 29 to be allocated for residential use of the existing cabin on the lot. Due to the existing substantial topography and density of mature trees on Lot 28, to build a structure would require significant excavation as well as tearing down most of the mature trees. By subdividing Lot 29 and permanently attaching a portion to Lot 28 it would allow for a structure that would not disturb the existing landscape features. In addition, this variance would allow for Lot 29 to retain the character and use of two of the existing buildings on the site. We also request to modify the impervious surface area within the SIZ on Lot 29 to reallocate the existing paved surfaces for a new patio adjacent to the existing cabin. This will be an overall decrease of impervious surface area for lot 29 from 2561 SF to 1721 SF. Proposing to create an access easement within SIZ of Lot 28 to access Lot 29. If this variance is granted a final survey will be filed to establish the parameters listed above. See attached for supplemental information. 1 UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORblNANCES/SUBDIVlSION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/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 PROPER^ OWNER/AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant will Receive Natiflcatlon of the DateAlme of Hearing) Date of Hearing Time T-53 (^1^- Motion Char and Mike Solberg- Variance application approved as requested. (7:52 p.m.) AAcr consideration and discussion, Darren Ne\v'\'illc made a motion, seconded by Doug I.arson and unanimously carried, to approve the variance as requested in the application dated August 22, 2018 and as depicted in die drawings submitted with the variance application. Mardship/practical dilTiculty is the topography and terrain features of the property. The proposed development is an improvement over the e-visting development. Mr. Hawley also discussed with the Board a couple of features that would not be included when an e.xisling structure (building on the point) is reconstructed. For e.xample a chimney. The Board did not express any concerns that the reconstructed structure would not be exactly the same size and shape as the existing structure noting that the proposed changes where immaterial reductions to the existing stnicturc. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future development Chairman/Otter Tail County Board of Adjustment X NoPermit(s) required from Land & Resource Management Yes Note: If Yes, contact Land & Resource Management hmij fjinhCopy of Application mailed to Applicant, County Assessor and MN DNR L&R Official/Date 2 Jcuilifer Wulfekiihlc - Withdrawn Jennifer Wulfekuiile, pan of Lot 3 and all of Lot 4 Segar Beach, Otter Tail Lake in Evens Township, requested the following: Proposing to replace the existing dwelling being 59' from the ordinar}' high-water level. Requesting a 16’ variance from oidinarj' high-water level, required setback is 75. Prior to the September 13, 2018 Board of Adjustment meeting, the Land and Resource Depanment (Kyle Westergard) was informed by the applicant that she no longer required a variance and that she was withdrawing her request. Diane McRae - Variance application approved with a condition. (7:48 p.iii.) Diane McRae, Lot 3 Longview First Addition, Long Lake in Hobart Township, requested a variance to place new cabin 13’ from road right-of-way at closest point and holding tank in the road right-of-way. County Highway Department has been out to mark road right-of-way. The applicant was represented by her daughter and son in-law. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously earned, to approve a variance of 7' from the required road right-of-way setback of 20’ for the placement of a new dwelling 13’ from the road right-of-way and to approve a variance to place the holding tank in the road right-of-way with the condition and verbal agreement of the applicant’s representatives that an existing T by I2‘ shed must be placed at least 10’ from the lot line. ’ITie variances as approved do not directly or indirectly grant any otlier variances for the proposed development or for any future development. Char and Mike Soibcrg - Variance application approved as requested. (7:52 p.in.) Char and Mike Solberg, Lots 28 and 29 Block 1 Haugen’s Point, Pelican Lake in Duiui Township, requested a variance to subdivide Lot 29 and permanently attach a portion to Lot 28. As part of the variance, we are requesting that the remaining portion of Lot 29 to be allocated for residential use of the e.xisting cabin on the lot. Due to the existing substantial topography and density of mature trees on Lot 28, to build a structure would require significant excavation as well as tearing down most of the mature trees. By subdividing Lot 29 and permanently attaching a portion to Lot 28 it w'ould allow for a structure that would not disturb the existing landscape features. In addition, this variance would allow for Lot 29 to retain the character and use of tw'o of the existing buildings on the site. We also request to modify the impcivious surface area w'ithin the shore impact zone on Lot 29 to reallocate the existing paved surfaces for a new patio adjacent to the existing cabin. This w'ill be an overall decrease of impervious surface area for Lot 29 from 2561 Square Feet to 1721 Square Feet. Proposing to create an access easement within shore impact zone of Lot 28 to access Lot 29. If tliis variance is granted a llnal survey will be filed to establish the parameters listed above. See attached for supplemental information. Cliris Hawley, Architect, represented the applicants at the public hearing. The audience was polled with no one speaking for or against tlie variance as requested. After consideration and discu.ssion, Darren Newville made a motion, seconded by Doug Larson and unanimously cairied, to approve the variance as requested in tlie application dated August 22, 2018 and as depicted in the drawings submitted w'ith the variance application. Hardship/practical difficulty is the topography and tenain features of the properly. The proposed development is an improvement over the existing development. Mr. Hawley also discussed with tlie Board a couple of features that would not be included when an existing structure (building on the point) is reconstructed. For example - a chimney. The Board did not express any concerns that the reconstructed structure would not be exactly the same size and shape as the existing stiiicturc noting that the proposed changes where immaterial reductions to the existing structure. The variances as approved do not directly or indirectly grant any other variances for the proposed development or for any future develoi)ment. Administrative Appeal Hearing - Jenniic K. .lohiisoii - Decision in Favor of Appellant (8:00 p.ni.) The parcel concerned in this appeal is Parcel 37-000-23-0116-005 and is a 1.55-acrc parcel in the Southeast Quarter of the Southeast Quarter, Section 23 Lida Township. The properly address is 42185 San Dee Cove Trail 56587. Appearing on behalf of the appellant were the following: .Icanne Johnson Richard Johnson Applicant’s Project Coordinator - Kevin Carl FI. Malmstrom, Attorney September 13, 2018Page 14 August 14,2018 Ottertail County Department of Land and Resource Management 540 W. Fir. Avenue Fergus Falls, MN 56537 To whom it may concern. On July 19,2018, Curtis H. Kesselring and Deborah J. Kesselring, as Trustee of the Kesselring Joint Trust under agreement dated January 1,2017 (hereinafter known as "Trust") sold Lot Twenty-nine (29), in Block One (1) Haugen's Point (hereinafter known as "Lot 29") to Michael S. Solberg (hereinafter known as "Solberg"). A purchase agreement has also been signed whereby the Trust will be selling Lot Twenty- eight (28), in Block One (1) Haugen's Point (hereinafter known as "Lot 28") to Solberg. This closing will occur in the first part of September, 2018. After the closing of both Lot 28 and 29, it is the plan of Solberg to make certain improvements which will require the boundary line of Lot 28 to be expanded. In order to allow for the planning of this process to continue before closing in September, the Trust wishes to provide any needed consent as the owner of Lot 28 to allow for the expansion of the boundary line for Lot 28. Solberg understands that by agreeing to this, the size of Lot 29 will be decreased. Based on the above, the Trust and Solberg agree to the expansion of the boundary line for Lot 28. Both The Trust and Solberg understand and agree that after the boundary lines are changed, that Lot 28 will be increased and Lot 29 will be decreased. Sincerely, KESSELRING JOINT TRUST UNDER AGREEMENT DATED JANUARY 2, 2017 ; ' / Curtis H. Kesselring, Trus Deborah J. Kesselring, Tru Michael S. Solberg y' IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft*): 41,346 SF (Proposed Lot 29) Buildings Other Impervious Surface Proposed Existing ProposedExisting Ft* Ft*Ft*Ft* 1053 SF Deck(s)Dwelling Patio(s)Attached Garage 410 SF (-413) SFSidewalk(s)Detached Garage 413 SF Landing(s)Storage Shed Driveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)(-837) SFMiscellaneous1095 SF Landscaping (Plastic Barrier)Miscellaneous 2,148 SF (-837) SF 413 SF (-3) SFTOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Lot Area Impervious Surface Ratio Proposed TotalExisting Ft* Ft* Ft*Ft*Total Buildings 1,311 SF 41,346 SF 3.2%2,148 SF -(837)0.032 100+'=+S Xs Buildings Other Impervious Surface Percentage Maximum Allowable 25% Lot Area Impervious Surface Ratio Proposed TotalExistingTotal Buildings + Other Impervious Surface Ft*Ft*Ft*Ft* 413 SF (-3) SF 41,346 SF .01 1.0%410 SF 100++S X s LR Online Permitting Forms 2010; Impervious SurtaceCalculationWof1c5heetCW-11'20l6 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 OhlWL 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. Existing Ft^Proposed Ft* 2,148 SFBuilding(s)(-8371 SF Deck(s) Patio(s)410 SF (-4131 SFSidewalk(s)413 SF Landing(s1 Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plasitc Barrier)Miscellaneous (-840) SF2,561 SFTOTAL ProposedExisting TotalTotal Shore Impact Zone Impervious Surface Ft*Ft*Ft* Maximum Allowable 260 FI* 2,561 SF 1,721 SF(-840) SF+ LR: Ot^ine Permitting Fonn$ 2016: Impervious Surface Caleutation SIZ 04-11-2016 Signature: ______Date: Notice of Hearing for Variance otter Tail County Government Services Center 510FirAveW Fergus Falls, MN 56537 Phone - (218) 998>8030/998-8041 Email -wste!n@c6.ottertail.mn.us Web Address - www.co.otter-tail.mn.us Applicant and/or applicant's representative must be present at the scheduled hearing. T0 Whom It May Concern: Char and Mike Solberg/Kesselring Attn: Mike Solberg 3100.13«<AveS 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 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, September 13, 2018 at 7:30 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 Lots 28 and 29 Block 1 Haugen’s Point, Property Address - 23498 Pelican Bass Lane - 56572 Section 17, Township 137, Range 42 - Township Name - Dunn Lake No. 56-786, Lake Name - Pelican, CIciss - GD The variance requested is the following: We are requesting a variance to subdivide Lot 29 and pennaneritly attach a portion to Lot 28. As part of the variance, we are requesting that the remaining portion of Lot 29 to be allocated for residential use of&e existing cabin oii the lot Due to the existing substantial topography and density of mature trees on Lot 28, to build a structure would require: significant excavation as well as tearing down most of the mature trees. By ’ subdividing Lot 29 and permanently attaching a portion to Lot 28 it would allow for a structure that would not disturb the existing landscape ' features. In addition, this variance would allow for Lot 29 to retain the character and'use of two of the existing buildings on the site. We also ■ :. request to modify the impervious surface area within the shore iihpact zone on Lot 29 to reallocate the existing paved surfaces for a new patio v adjacent to the existing cabin. This will be an overall decrease of impervious surface area for Lot 29 from 2561 Square Feet to 1721 Square Feet. Proposing to create an access easement within shore impact zone of Lot 28 to access Lot 29. If this variance is granted a final survey will be filed to establish the parameters listed above. See attached for supplemental information. Wayne Stein Board of Adjustment Secretary August 23, 2018 OTTER TAIL COUNTY Fergus Falls, Minnesota 9‘ 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 27th, day of August, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Douglas Winter, Twp Clerk of Dunn, 50053 Fish Lake RD, Detroit Lakes,MN 56501 Pelican Lake Assoc., Pelican Group Lake Imp. Dist.^ % Fred Manuel, 26271 Otoson Rd, Detroit Lakes, MN 56501 Char & Mike Solberg/Kesselring Joint TST, Attn: Mike Solberg, 3100 IS*** Ave S, Fargo, ND 58103 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: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 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 Douglas Larson, 2118 Woodland Ln, Fergus Falls,MN 56537 Jack Rosenthal, PO Box 266, 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: August 27, 2018 Wayne Stein, Secretary Otter Tail County Board of A^stment By: Vi Manderud 4 BASS BAY TST USA 9360 FLAMINGO RD W STE 110 #540 LAS VEGAS, NV 89147-6446 DAVID G & PAULA A EKMAN 1615 ROUND HILL DR S FARGO. ND 58104-7902 JOAN A GST TST KALUZNIAK 1085 BALD EAGLE DR UNIT A50S MARCO ISLAND, FL 34145-2126 NICHOLAS J GST TST KALU2NIAK loss BALD EAGLE DR UNIT A50S MARCO ISLAND. FL 34145-2126 JEROME M & ARLENE R KENSOK 23375 PELICAN BASS LN PELICAN RAPIDS, MN 56572-7161 CURTIS H & DEBORAH KESSELRING 3001 UNIVERSITY DR S FARGO, ND 58103-6001 PETERSON PELICAN LAKE HOL LLC 2544 32ND STS FARGO, ND 58103-7846 CRAIG & ROBIN SCOTT TSTS KOUBA 6216 14Tfi STS FARGO. ND 58104-7230 KESSELRING JOINT TST 635 HARWOOD DR FARGO, ND 58104-6274 TILUSCH LAKE PROPERTY PTNRSHP 1085 BALD EAGLE RD UNIT A407 MARCO ISLAND. FL 34145-2151 MARK R & LORI L SCHNEIDER 433 DESIREE DR GRAND FORKS, ND 58201-2924 SOLBERG FAMILY LLLP 4330 CARRIE ROSE UJ FARGO, ND 58104-6818 Char & Mike Solbeiig/Kesselring Joint Tst Attn; Mike$oIb«B 310013“AveS Fargo, ND 58103 TERRY LTST WOLFF PO BOX 9072 FARGO. ND 58106-9072 V PROJECT STATISnCS LOT 29PROJECT STATlSnCS LOT 28 7».W7fP>9^FP eS7R*10S3 1384lSp ultn* (UK) ajBO*FPfp JAUOWABU Mmveus (3SK): GOSrSRUCIURStODwd ■ DOT PAVS WAUSnCWa TO OeAO: MSIAUQWABLf MPBMOUS (S9Qt eOBI STRUCTUB t PAVMa (DaSTMOlOTeVACANI) AiGE^ers 5SV-=rtr.Ji;PFP fpFP TQTM fxnriNo Dtfonnauiion*(OTAL DOTBIO tMTRVIOtB:m 41MFPlaSMR* I0S3FF2SBFT*4I0R* 0«S3IS.M0FPFP AUONAAEMPeTVIOU (2319:AUOWABlf 9MFERVI0U1 (3S1): OaSrCASMTOBEMAOt osr BVTK Houre TO fSMAINt rciv PATIO lU zi.mpp(W-limin'(tsx)TOTAL NOfOSCOPimvIOUb torAi p Ropoao wranriooK BfVAIJON UiaOD (PCR MM ONI)< FOOD NBVlOr IMS «/9 C/I _______iPATlO (ROAUOCATm EXSnNO IMPERVDLBAREA)< CDPROPOSED LOT 29 -Bsi.ama««TO*BMM pwaffiMOWcgHromtio R^ADUSErLACe mUECI]' z<a o ■o a ' a. CO eiVMXMI3l«a[KltMNIMIt CO C4 • AOCBSEASaONt i+ ICOiI ICO’a M PKAll:VARIANCAPPKCATION \ C100 /T\ FtOPOSIO 1,01 MOOinCATlOPLOT UME MODIFICATION UNE r«xr(zB04MiD r TOPO AND BOUNDARY SURVEY AU OF U3T5 27 - 31 OF HAUGAN'S POINT OTTERTAIL COUNTY, NORTH DAKOTA DESCRIPTION Aa OF LOTS 27 - 31 OF HAUGEN'S POINT TO THE COUNTY OF OTTERTAIL, STATE OF MINNESOTA ; I I I i 5 i 3 I NesetDRAWN BY: EJB CHECKED BY: CAN DATE: 07/31/18 I UU4D SUmYSI PROJECT STATIJIICS iOt 29PROJECT STADSTtCS lOT 28 ■EXgtIWC 79,177 n* jf79<n»- •837 n»i loan?' TiKwn* 4.<5» n» Ui:lOlSUE: AllOWABlE I7j(FERVXXS 12^1 -&S1 Siwcnffc & PAVWC; (OSONC LOT 6 VACANT^ LOT ALLOW A8l£ lUPEFVIOUS (2SS):LOT 27 OFT* T Dm STFUCn/PQ TO OCmO;1 '.eXSTCABWTOKMAlN:.. i (O(STBU»«H0LC£[0 9tMAN: . . osr PAVtD WAUU/DPTVCS m tXMO: rn fl»40 anyLOtiki exsTwo iupMvrbui OfT (9K). TOTAL eXUTINO IMPCItVIOUS:I rpfePO&ED *u.ow^E t«rotyDi« (2W; leXinCABlNloaCMAN;; \ CXST BUNt TIOUSE TO (n>4A»4: >: NEW PATIO; 'PP0P05E0 4tJ^ lOSM n*iFT»1SU£t AUOWABL£ PAPCtTVOLB a«3313.908FI*LOT 1053 n* 338 ri» 410 n>111LOT 28 :±TOTAL PIOPOSED IMPEtVIOUS:T.ni fT», «■«) ,TI.»08Fr (2n):TOTAL P80T 05ED LMPCITV)0&-<LIWCOHWL' -oflstTNO'slwCTua rb oImo yronmio wkratM ra'Hw|H PPOPEPTTLWE exstmgPROIO>PERTT MOVE </)LJNE asti^ STRuCTUtt TO MmO EXBTwc inuayfi■ TO DEMO: DRIVE MGPAVNGTO <roPEwAw OEMO CffiTINCPAVWO TO- DEMO *0 PAVNCfO ^cnsTiNctxuo Upv, G PAVNC to•■i ZDEMOLOT29<i&sir EXB^ STRuawC TO DEMO o * 5%OEXSTsaCCA&MREMA '■ EXSTINC PAVMC lO- DEmO cb Oi flSTNO PR<^mi»lE rirnNcoHWL coCN (=:■! 5n i*9l I ■M .PHAJEJ’,VARIANCEAPPLICATION C001 idl LINE MODIfiCATION