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HomeMy WebLinkAboutFisherman's Village Resort_25000990589000_Variances_07-14-2022Date Received 12S0673 RECEIVED JUN 22 2022 and & RESOURCi r '£&R Initial LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 08/04/2022 Oi :49 Pti .:r■r|- THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER PAGES 4 WELL CERTIFICATE REC’D; N APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56S;J7 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us i(3D0 DOApplication Fee Receipt Number Sti/td.‘FitMe.nr\ar\^t^Vi \ \a^^5or^- Dd.t>^ ~Thmnr\p€i^fr\^________ iQHLP-l ’ffi^htUflLc^83j 'Pia:Hie.UiJC£.^ IDAi Si>SIS LAKE NAME DLReviewed/Accepted By / Date _ ___DAYTIME PHONE -33^PROPERTY OWNER MAILING ADDRESS E-MAIL ADDRESS ED________LAKE CLASSLAKE NUMBER 13.SECTION TOWNSHIP RANGE TOWNSHIP NAME SSCOD^OSeSOoDPARCEL NUMBER E-911 ADDRESS Peer a.r\J I And it (iVD Do<2xtnf\£^f Al^n, Berut-k. I part CT (yt)i^n^rY\tn'i- ^t6> IF THE VARIANCE REQUEST IS REGARDING AN EXISTING STRUCTURE ON THE PROPERTY, WHAT YEAR WAS THAT STRUCTURE BUILT: 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 T^COUNTY ORDINANCE (Please Check) I Wshoreland Management Ordinance EH Sanitation Code EH Subdivision Controls Ordinance SECTION(S) OF ORDINANCE(S); EH Renewable Energy Ordinance EHother_____________ I [Attached Subsurface Sewage Treatment System Compliance Inspection EH No septic system on property Inspection Date: Page 2 Property Owner ^{(y4- Parcel dumber OS0 mifl '23000 f f OQ^^IdOO ’^26m mBlDljCs SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ,,VARIANCE REQUEST: "TO IT)€6^"^ ih£. rfi^LUl Te,rr^er>'t 6“p ^^a.d^OLudj^ p<xv-lc^{na 4or cl VUiD^ cue, hoMC^ GrejdU (X)hi(Uns ^'lnG.re,d_6es our )rf\gQ.r\/ioixj:i -Prcvn H31. 'iz> civ"€- CL-tilQ ^Tpr CL \r<3.^far\(Lt )nOLrea.6c., VI^am. o4e \lpC)Ot>P ^ <^gY\^idere_cL t irv\jAprvt<HA^ dor g>rd\ ym n gp . AtmAni,.! ^/$hrm Jmt>. 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. h I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. d.(e> /IZ.-Z- * ’ DATESfGNATURE OF PROPERTY OWNER / AGENT FOR OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY ^ulij IHi 7-2)9^Date Of Board of Adjustment Hearing Motion Time Fishermairs Village Resort - Dave Thompson - Variance Application Approv ed as Reipiesled (7:52p.ni.) After consideration and discussion, Thomas Lee made a motion, seconded b\ Rick W est and can ied to approve the variance request to increase the impervious surface from 42.2% to 46.8% of impervious surface coverage for additional parking to meet the “adequate” parking requirement for a PUD. 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. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No Pmjhd LR Official/Date ^ '7-2g-2.1.Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 082021 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WVWV.CO.OTTER-TAIL.MN.US Kyle Westergard Asst, DirectorOTTER Tflil 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:Fisherman's Village Resort - Dave Thompson Address/Parcel No. 25000990588000, 25000990589000 & 25000990590000 Requested Variance: To meet the requirement of "adequate" parking for a PUD, we have to create additional parking which increases our impervious from 42.2% to 46.8%. We are asking for a variance for this increase. Please note that 1600 sq.ft, of new parking will be grass but has to be considered impervious per ordinance. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. □ WECS Dock & Riparian Use C Setback Ord. Ordinance Section Citation: Section 3: Subp 9:8 & Section 10;Subp. 2:i 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 following criteria: The applicant identified the following practical difficulty: Want to merge to a commercial CIC which will be owned by private owners. Ordinance requires parking spots to be included by this requirement the impervious surface is exceeded. 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. 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... i 1 No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 2. Shoreland Ordinance regulations require this. 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, floodway, 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 the land restricts the suitable area for the 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 is no change being made to the property. This is a formality request due to converting the property to a Residential PUD, CICH97. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a rale 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; This is a request for the parking areas and the are removing an existing cabin. The Otter Tail County Board of Adjustment; APPROVES__X the requested variance.DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. 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. Jon & Rhonda Ellerbusch - Variance Application Approved as Requested (7:38 p.m.) Jon & Rhonda Ellerbusch, Pt GLs 1 & 9 Com El/4 Cor., Mud Lake (56-381) and Pickerel Lake (56-475) in Maine Township requested the following: The ordinance requires lots located on lakes classified as “natural environment” be a minimum of 200 feet wide to build a residential dwelling. Our proposed house with garage would be on a 2.49 Acre lot that is 150 feet wide. Requesting to have the lot buildable for single family residential use. Important note is County Highway 32 separates the Mud Lake shoreline from the proposed site for the new house with garage. Jon & Rhonda Ellerbusch, property owners, represented the variance application. The audience was polled with Bernard Mackow icz speaking in support of the variance as requested. Erwin & Marilyn Wahlgren submitted an email in opposition to the variance as requested. After consideration and discussion, Darren Newville made a motion, seconded by David Wass with Terry Marthaler voting no to approve the variance request for the lot to be considered buildable for single family residential use. 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. Fisherman’s Village Resort - Dave Thompson - Variance Application Approved as Requested (7:52p.m.) Fisherman’s Village Resort - Dave Thompson, Lots 5, 6 & 7 of Beauty Beach on Deer Lake and Part of GLs 1 & 2, Deer Lake (56- 298) in Everts Township requested the following: To meet the requirement of “adequate” parking for a PUD, w e have to create additional parking which increases our impervious from 42.2% to 46.8%. We are asking for a variance for this increase. Please note that 1600 sq.ft, of new parking w ill be grass but has to be considered impervious per ordinance. Fisherman’s Village Resort Dave & Bev Thompson, propertv' owners, and Dave Anderson, Anderson Land Surveying, represented the variance application. The audience was polled with no one speaking for or against the variance as requested After consideration and discussion, Thomas Lee made a motion, seconded by Rick West and carried to approve the variance request to increase the impervious surface from 42.2% to 46.8% of impervious surface coverage for additional parking to meet the “adequate” parking requirement for a PUD. 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. Warren & Deborah Tunwall - Variance Application Denied (8:02 p.m.) Warren & Deborah Tunwall, Lot 32 of San Dee Cove Beach & Pt of NWl/4, Lida Lake (56-747), Lida Township requested the following: Tunwalls plan to build a 2-stor>' shed on back lot. Property survey (5'25'22) revealed neighbor’s 24’ garage to the east is 5’-8’ onto Tunwalls property. Shed can be built with 10’ setbacks (no variance) but would only be 4’-5’ from this garage (roof eaves closer). This is a fire safety concern. Tunwalls request a variance to build the shed 3’ from west property line (instead of 10’ setback), which allows 1 U - I2‘ separation from neighbor’s garage to the east, and still 26" to the neighbor’s garage on the west side. Tunwall’s existing non-complaint garage to be removed (is over west property line 3’-4’). Also request to build shed 15’ from edge of back road, currently there is no easement (existing garage is 11’ from road). Warren & Deborah Tunwall, property ovs iiers, represented the variance application. The audience was polled w ith Jeffrey Aga does not oppose the proposed structure but oppose the request for the lotline setback. Bev Aga Schmidt does not oppose the structure however, she does oppose the lotline setback request. Glen Aga has concents with the road and having legal access maintenance. Beverly Aga Schmidt submitted an email in opposition to the variance as requested. Jeffrey Aga submitted an email in opposition to the variance as requested. Glenn Aga submitted an email in opposition to the variance as requested. An email from Carol McCamy was submitted in opposition to the variance as requested. After consideration and discussion Michael Donoho made a motion, seconded by Thomas Lee to approve the variance to construct a shed (28" x 44') being 9 feet from the west property line. This motion has failed (4 to 3 vote). After further discussion Danen New ville made a motion, seconded by Terry Marthaler with Michael Donoho and Mark Johnson voting no to deny the variance as requested as there is adequate room to meet the lotline setbacks of the Shoreland Management Ordinance. This decision is based on the Findings of Fact and Decision Form, which contains the criteria review ed 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 w ith the Land & Resource Management Department. Board of Adjustment July 14, 2022 Page I 4 Charles F. Anderson & Abigail A. Smith - Continued After consideration and discussion, David Wass made a motion, seconded by Rick West with Thomas Lee voting no to approve the variance to construct a 10’ x 40’ lean-to roof to an existing building (30’ x 40’) being approximately 40’ to 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. Tobbie & Shelly Krueger - Variance Application Approved with Condition (7:05 p.m.) Tobbie & Shelly Krueger, Tr Called Lot 2 of Inwood Addn., Fish Lake (56-768) in Dunn Township requested the following: Requesting a 10 foot variance from the current 20 setback from the road right of way to build a detached garage 10 feet from the road right of way. Also requesting a variance from the current 25% impervious surface requirement. Proposal includes removal of 350 square feet of impervious surface, bringing the property from 32.73% to 28.48% impervious surface. Tobbie & Shelly Krueger, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. Russell Larson submitted an email in support of the variance request. Jeff & Rhonda Harmon submitted an email in support of the variance as requested. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to construct a detached garage being 10’ from the road right of way and reducing the impervious surface coverage to 28.48% with the condition that the structure will meet the 10’ lot line setback. 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. Roxanne & Craig Irey-Variance Application Approved as Requested (7:12 p.m.) Roxanne & Craig Irey, A Tract of Land 75 feet in Width Being Part of GLs 2 & 3, Lida Lake (56-747) in Lida Towmship requested the following: We w'ould like to build a detached garage 2 feet from road right of way and 55 feet from the traveled surface. The standard is 20 feet from the right of way. Craig Irey, property owner, represented the variance application. The audience was polled with no one speaking for or against the variance as requested. Lida Township submitted an email in support of the variance request indicating they have no objection to the Variance. After consideration and discussion, Darren Newville made a motion, seconded by Thomas Lee and carried to approve the variance request to construct a detached garage being 2 feet from the road right of way and 55 feet from the traveled surface. 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 Departmeni. The variance granted shall expire five (5) years from the date of approval. The expiration date of this variance approval is July 14, 2027. David I). Swecre - Variance Application Approved as Requested (7:24 p.m.) David D. Sweeie, Lot 8 BIk I of Rainbow Poini Estates, Marion Lake (56-243) in Rush Lake Township requested the following: Requesting to be 40’ from the ordinary' high water level with a new, type I mound soil treatment area. Required setback is 50’. David D. Sweere, propeity owner, represented the variance application. The audience was polled with James Letnke speaking, had a couple concerns, questioning did he “over build” on the site and is there a 2"*' site for a system that is required to have. It was determined that this variance request is not the property that Mr. Lemke was referring to. After consideration and discussion, Terry Marthaler made a motion, seconded by Rick West and carried to approve the variance to install a type I septic system (mound system) being 40 feet from the ordinary' high-water level. This decision is based on the Findings of Fact and Decision Fonn, 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. Board of Adjustment July 14,2022 Page I 3 STAFF REPORT APPLICANT: Fisherman's Village Resort APPLICATION: To meet the requirement of "adequate" parking for a PUD, we have to create additional parking which increases our impervious from 42.2% to 46.8%. We are asking for a variance for this increase. Please note that 1600 SF of new parking will be grass but has to be considered impervious per ordinance. STAFF WHO COMPLETED REPORT: Chris LeClair Otter Tail County Visit the County Website X CL27621 CO HWY 83 Show wea'ch results for 27621 ft' .w i ^r^-1 --m ;■ V feUERUraj r*' 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 8, Subp. 4 (B) 1) Impervious surfaces of lots must not exceed 25 percent of the lot area, of which buildings must not exceed 20% of the lot area. Impervious surface coverage within the SIZ, that is not part of a planned unit development, must not exceed 15% of the area of the SIZ. 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. • '.'i 'mix. ifi. ■ .T., LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, 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: Fisherman's Village Resort Dave Thompson 27621 County Hwy 83 Battle Lake MN 56515 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 prior to the public hearing. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, priorto 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 iegaily described and located at: Legal Description:Parcel No. - 25000990588000,25000990589000 & 25000990590000 Lots 5, 6 & 7 of Beauty Beach on Deer Lake and Part of GLs 1 8i 2 Section 6, Township 133, Range 40 Township Name - Everts Deer Lake (56-298), Recreational Development (RD)Lake Name/Number/Class; 27621 County Hwy 83, Battle Lake MN 56515Property Address: The variance requested is the following: To meetthe requirement of "adequate" parkingfora PUD, we have to create additional parking which increases our imperviousfrom 42.2% to 46.8%. We are askingfor a variance for this increase. Please note that 1600 sq.ft, of new parking will be grass but has to be considered impervious per ordinance. Ani\ Busko Board of Adjustment Secretary June 30, 2022 (^) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 «?■'r. Emma Barry Emma Barry Thursday, June 30, 2022 12:15 PM Ottertail Water Managment Variance Request Fishermans Village Resort (56-298) 07-14-22.docx From: Sent: To: Subject: Attachments: For your information. Thank you, Emma Barry Administrative Assistant Land and Resource Management 540 W Fir Ave Fergus Falls MN 56537 Direct 218-998-8107 | Office 218-998-8095 ottertailcountymn.us OTTER TAIL COUNTY - MINNESOTA Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 1 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 Roland Mann, Clerk Everts Township 27234 368‘^ Ave Battle Lake MN 56515 OTLPOA PO Box 21 Battle Lake MN 56515 Fisherman’s Village Resort Dave Thompson 27621 County Hwy 83 Battle Lake MN 56515 City Clerk (if located within 2 miles of a city) Otter Tail Water Management District - Email Notice if it is in the district - ottertailwatermanaaement@outlook.com Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) 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 Id, 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 Imp. Dist., PO Box 168, Underwood, MN 56586 (D LU Big McDonald: Devils (Near Perham): Eagli^ak^ Lida LoSk Little Little l^e & Big Pine: South Turtle Lake: 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 1®' 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 VVas.s - 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 2Extra BOA Members PC Member__ Envelopes___ TOTAL NOTICES TO PRINT 30 I I Added to Agenda EH Map I I Print out Findings of Fact Sheet Newspapers FFDJ & BL Review Amy Busko, Secretary Otter Tail County Board of Adjustment 6 1 MinutesBy:20Amy Busko https://ottertailmn.sharepoint.com/sites/LandResources/Sh Viilage Affidavit (56-298) 07-14-22.docx ■'.fiV', Buffer Parcels Addr 2 Citv St ZiDAddrl 27756 County Highway 83 Parcel No Name 2Name 1 Battle Lake MN 56515 913425000050027017 Daniel W & Denise E Bladow Battle Lake MN 56515 0612PO Box 61225000050028007 Otter Tail Water Mgmt District Battle Lake MN 56515 913427576 County Highway 8325000050028011 Beatrice Scheer Battle Lake MN 56515 913427756 County Highway 8325000050028012 Daniel W & Denise E Bladow Champlin MN 55316 28597224 114th Ln25000050028013 Sara J Otto Battle Lake MN 56515 913427658 County Highway 8325000050028019 Jerome P & Julie A Schroeder Battle Lake MN 56515 913425000050028021 Jerome P & Julie A Schroeder 27658 County Highway 83 Battle Lake MN 56515 913427561 County Highway 8325000060034002 Alan & Margaret Harder Battle Lake MN 56515 913425000060034004 Daniel & Mary SnobI Tsts 27539 County Highway 83 Ankeny lA 50021 3609505 8th St SE25000990584000 Kristin I Morine Schmitt Battle Lake MN 56515 913427583 County Highway 8325000990585000 Joel L Hanson Fergus Falls MN 56537 713024721 160th Ave25000990586000 Linnea K Anderson Et Al Omaha NE 68135 30646511 175th St S25000990586001 TerriAPaulus Detroit Lakes MN 56501 717724269 County Highway 625000990587001 Luke Karigaard &. Kelly Etten Battle Lake MN 56515 913427621 County Highway 8325000990588000 David P & Beverly Thompson Battle Lake MN 56515 913427621 County Highway 8325000990589000 David P & Beverly Thompson Battle Lake MN 56515 913427621 County Highway 8325000990590000 David P & Beverly Thompson Sioux City lA 51108 951325000990591000 Wesley A & Susan R Bowers 5401 West St Reynolds ND 58275 931725000990592000 Mark J & Laura J Schadewald 15753 17th St NE Clearbrook MN 56634 442325000990593000 Dennis 8i Alisha Lindenfelser Attn Ryan & Alisha Rude 19812 Leonard Rd Lincoln NE 68506 15901712 Bedloe Ct25000990594000 Craig Tst Lincoln NE 68505 15901712 Bedloe Ct25000990595000 Eldon Craig Tst Lincoln NE 68507 10182829 Wagon Dr25000990596000 RoxanaLDuncan Page 1 of 2Thursday, June 30, 2022 Citv St Zip Wahpeton ND 58075 9369 AddrZAddr 1Name 2Name 1Parcel No 8015 179th Ave SESharon Platt25000990597000 Page 2 of 2Thursday. June 30. 2022 *SS|I Buffer Mail ¥ Name Address i City, State, ZipAddress 2 Daniel W & Denise E Bladow 27756 County Highway 83 Battle Lake MN 56515 9134 Wesley A & Susan R Bowers 5401 West St Sioux City lA 51108 9513 Craig Tst 1712 Bedloe Ct Lincoln NE 68506 1590 Daniel & Mary SnobI Tsts 27539 County Highway 83 Battle Lake MN 56515 9134 Roxana L Duncan 2829 Wagon Dr Lincoln NE 68507 1018 Eldon Craig Tst 1712 Bedloe Ct Lincoln NE 68505 1590 Joel L Hanson 27583 County Highway 83 Battle Lake MN 56515 9134 Alan & Margaret Harder 27561 County Highway 83 Battle Lake MN 56515 9134 Luke Karigaard & Kelly Etten 24269 County Highway 6 Detroit Lakes MN 56501 7177 Dennis & Alisha Lindenfelser 19812 Leonard Rd Clearbrook MN 56634 4423 Linnea K Anderson Et Al 24721 160th Ave Fergus Falls MN 56537 7130 Otter Tail Water Mgmt District Battle Lake MN 56515 0612PO Box 612 Sara J Otto 7224 114th Ln Champlin MN 55316 2859 Terri A Paulus 6511 175th StS Omaha NE 68135 3064 Sharon Platt 8015 179th Ave SE Wahpeton ND 58075 9369 Mark J & Laura J Schadewald 15753 17th St NE Reynolds ND 58275 9317 Beatrice Scheer 27576 County Highway 83 Battle Lake MN 56515 9134 Kristin I Morine Schmitt 505 8th St SE Ankeny lA 500213609 Jerome P & Julie A Schroeder 27658 County Highway 83 Battle Lake MN 56515 9134 David P & Beverly Thompson 27621 County Highway 83 Battle Lake MN 56515 9134 Thursday, June 30, 2022 Page 1 of 1 5-M - WARRANTY t>JEEP Mliuiesola Unifonn CoiiveyaDcirig Blanks (6/1/97)MUIof/DavIft Co. ^ St. Paul. MN 651-642-19B89128IX) Ifidividivil(s) to Joint TenAnts OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #__ was filed/reoorcled In this offica for record on the __iL_day of ■ ______9002 at in (ampmndy L. Metcalf, Couj^ Reoqrcler^—^ L§b.cOc<ife. ^wall oenfficate Poi^ " No delinquent taxes and transfer entered; Certificate of Real Estate Value ) filed ( Ce^ficale of Real Estate Value No.d) dc ^ (P»M) ^ County Auditor ) not required 912R:IO We by: by Deputy DEED TAX DUE: $ Date:_______________ FOR VALUABLE CONSIDERATION, Paul D. Allen and Marie J. Allen.___ 47RS0 S4.V7<b(reserved for lecordiiig data) Jiusband .a nd_5Ki fe_ (mat'llal gtotiis) Grantor, hereby conveys and warrants to __13axid_E_XliainpsQju_aud_Bsyerly_K,_TliumpAQn,_______ __________________________________husband and wife_____________________________________________ County, Minnesota, described as follows:...QtteiJEaiLGrantees, as joint tenants, real property in _ SEE REVERSE SIDE FOR LEGAL DESCRIPTION ......................................................................■:!- cf logetlier with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check box if applicable; CH The Seller certifies that tlie seller does not know of any wells on the described real property. H A well disclosure certificate accompanies this document. I I 1 am familiar with the property described in this instrument and I certify that tlie status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. As to the well Information: Paul D. Alien Affix Deed Tax Stamp Here STATE OF COUNTY OF ALLEN .nrie J. Allenl INDIANA iP - vSo - CThis instrument was acknowledged before me on Date by__'Afien and Marie I Allen, husband ainl wife - V - - - — >;otARIAL Aiur OR'Sjl^i. (OR OTHER 1ITLB jv- y^v.2OR RANK)] r, --.........^ J^er^fkioal _ ^^-c36;-c8 Check here if part or aU of (lie laud is Registered (Torrens)!__| Tax SinleineiUs for the real property described in this insiruineiit ahnulci be sent to (include name and address of Grnatcc); rONATURE or/NOTARY rtlBIJO OR tTT /I^IUTN^RUAIBNT was DRAFTBU by (NAaiB AND ADDRESS): David r. and Beverly K. llimiipsoii 27621 County Higliway 83 Battle Lake. MN 56515 THOMASON LAW OFFICE Mark Tlioinason, Attorney at L^iw 107 South Grove, PO Box 87 Park Rapids, MN 56470 Tel. 218-732-7236 Any. I.D. #109174kib WARNING: UNAUTHOfVZEP COPYING OF THIS PORPA PROHIBtTCO. Lots Five (5), Six (6) and Seven (7), Beauty Beach on Deer Lake, according to the recorded plat thereof. Otter Tail County, Minnesota. AND All that part of Government Lots One (1) and Two (2), Section Six (6), Township One Hundred Thirty-three (33), Range Forty (40), Otter Tail County, Minnesota, described as follows: Beginning at the northwest corner of Lot Seven (7), Beauty Beach on Deer Lake, according to the recorded plat thereof; thence on an assumed bearing of South 72 degrees 25 rriinutes 42 seconds West along westerly extension of the northerly line of said Lot Seven (7), a distance of 28 feet more or less to the shoreline of Deer Lake; thence southerly on said shoreline to the westerly extension of the southerly line of Lot Five (5), said Beauty Beach on Deer Lake; thence North 83 degrees 07 minutes 36 seconds East, along said westerly extension of the southerly line of Lot Five (5), a distance of 32 feet, more or less, to the southwest comer of said Lot Five (5); thence North 1 degree 00 minutes 00 seconds West along tire westerly line of Lots Five (5), Six (6) and Seven (7), said Beauty Beach on Deer Lake, a distance of 224.94 feet to the point of beginhihg. 5^'Ooo. ooO D OD Sqo-ooo ft • • ■■ s-M - warranty deed MIUer/DjvIt Co. ° St. PjuI. MN 651-642-1988iHOoesMiimesota Uniform Conveyanclrig Blanks (6/1/97) 912S1IO tndividual(s) to Joint Tenants OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instniment #_was fUod/recordod In this office for reco^ on the V day of _____rNcdr_____2002 at /n Wendy L. Metcalf, County Rerardar—^ ■ (jSc^ _wet] certificate )r\iS'<%4'>uAysTri^^ I /VVw— No delinquent taxes and transfer entered; Certificate of Real Estate Value ^) filed ( Ceilificale of Real Estate Value No./) r± H * ' (P«te) ^ V(^^CW\LJl County Auditor ) not required 91.2SJO OT by: by Deputy DEED TAX DUE: $. Date:______________ FOR VALUABLE CONSIDERATION, Paul D. Allen and Marie J. Allen 47«.sn S6>*r?£>(reserved for recording data) husband and wife (inavllal status) Grantor, hereby conveys and warrants to _DayidJE,_Thanipsauuaiid.Efiverly_K_Tliiimp&Qii,_______ tnishand and wife County, Minnesota, described as follows:-QitexJEailGrantees, as joint tenants, real property in SEE REVERSE SIDE FOR LEGAL DESCRIPTION ■■■ ................................................................... logetlier with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Check box if applicable: n The Seller certifies that the seller does not know of any wells ori the described real property. Q A well disclosure certificate accompanies this document. Q 1 am familiar wltli 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. As to the well Information: Paul D. Alien yMarie J. AUcti Affix Deed Tax Stamp Here jg. STATE OF COUNTY OF ALLEN This Instrument was acknowledged before me on___ .jV'-' by P;^^ll^•^■‘'A1lRn and Marie I Allen, hiishand and wife a 'i- ;■ '.'■X y ■■ If SS. fi INDIANA O Dare 2Z27TTLB OR RANKti r^^TARY rUSUC OR^^tlER^I^^AL^ Check here if pRrt or BU^T^w^iid Registered (Torrens) 1 ~1 Tax Statements for the real property described In Uils hislrumenl sitoulci be sent to Occlude name and address of Groalcc); GNATURE OF TARY rustjc OR "TV IM^RCMEWT was dr AFTED by (NAME AND ADDRESS): David P. arid Beverly K. IliDinpson 27621 County Highway 83 Battle Lake, MN 56515 THOMASON LAW OFFICE Mark Tlioinason, Auoniey at Ixrw 107 South Grove, PO Box 87 Park Rapids, MN 56470 Tel. 218-732-7236 Atty. I.D. #109174 kib WARNING: UNAUTHORIZED COPVtNO OF THIS FORM FROMIBtTED. Lots Five (5), Six (6) and Seven (7), Beauty Beach on Deer Lake, according to the recorded plat thereof. Otter Tail County, Minnesota. AND All that part of Government Lots One (1) and Two (2), Section Six (6), Township One Hundred Thirty-three (33), Range Forty (40), Otter Tail Countj', Miimesota, described as follows: Beginning at the northwest corner of Lot Seven (7), Beauty Beach on Deer Lake, according to tlie recorded plat thereof; thence on an assumed bearing of South 72 degrees 25 rhinutes 42 seconds West along westerly extension of the northerly line of said Lot Seven (7), a distance of 28 feet more or less to the shoreline of Deer Lake; thence southerly on said shoreline to the westerly extension of the southerly line of Lot Five (5), said Beauty Beach on Deer Lake; thence North 83 degrees 07 minutes 36 seconds East, along said westerly extension of the southerly line of Lot Five (5), a distance of 32 feet, more or less, to the southwest comer of said Lot Five (5); thence North 1 degree 00 minutes 00 seconds West along tlie westerly line of Lots Five (5), Six (6) and Seven (7), said Beauty Beach on Deer Lake, a distance of 224.94 feet to the point of beginning. 5^'OO0- 0 5feg-DoO 0(3 330-oCO r I'lV'' • y. 1 t- •• PRELIMINARY PLAT OF:1 I COMMON INTEREST COMMUNITY NO. q7 FISHERMAN'S VILLAGE RESORT <0 I o' N-:cI «o I ^21 <riI <1Vi u.lu 1 I O in U-lYI pi coo DENOTES PLASTIC SENER CLEANOUT BY VISIBLE OBSERVATION.U4 UJ2} ^ « ;sUj t H @2:DENOTES CONCRETE MANNOLE BY VISIBLE OBSERVATION.K:in I SCALE: / INCH = 20 FEET BEARINGS ARE BASED CW OTTER TAIL COUNTY COORDINATES 20H ADJUSTtlENT AS DETERMINED BY THE MNDOT CORS/VRS NETNORK. DENOTES IRON MONUMENT FOUND. O DENOTES IRON MONUMENT SET MARKED "PLS 13620". ® DENOTES CAST IRON MONUMENT FOUND. 9 DENOTES BRASS PLUG SET MARKED "PLS 13620". A DENOTES MAG NAIL SET. 3 (0 DENOTES NELL OR NELL PIT.ui ^0 f A DENOTES ELECTRIC PANEL OF METER BY VISIBLE CGSERVATION. DENOTES LIGHT POLE. DENOTES GRILL ON PEDESTAL. ^0,I PP0 \ t 1 I TP 13 DENOTES TELEPHONE PEDESTAL. I h-/SE'LY CORNER //■ ../FARKy J DENOTES EXISTING lO x 20 FOOT PARKING SPACE./y / /\OF LOT 3 I to DENOTES OVERHEAD PONER LINE BY VISIBLE OBSERVATION.OHP LIVING AREA CALCULATIONS ON SQUARE FEETJ0DENOTES CONCRETE SURFACE. I ILlJ %STRUCTURE FOOTPRINT LIVING AREADENOTES LANDSCAPE ROCK.\ }(/) CABIN #/366 S.F.366 S.F. (CABIN F2 365 S.F.365 S.F. CABIN #3 733 S.F.733 S.F.TOTAL AREA OF PROPERTY = 36,172 S.F.±CA^IN 440 S.F.440 S.F. CABIN #5 447 S.F.447 S.F. CABIN m 445 S.F.445 S.F. CABIN #7 400 S.F.400 S.F. CABIN m 406 S.F.406 S.F.j I HOUSE 1256 S.F.3763 S.F.K to EXISTING IMPERVIOUS AREA CALCUIATIONS EXISTING OFFICE = 26^ S.F. EXISTING FISH CLEANING AREA = 75 S.F. EXISTING HOOD SHED = 8 S.F. EXISTING CONCRETE - 44 S.F. EXISTING LANDSCAPING AROUND FLAG = 10 S.F. EXISTING HOUSE = 1256 S.F. EXISTING DECK * STEPS (A5 + T\) = 116 S.F. EXISTING TIMBER LANEJSCAPING ('5 + 28 + 12 + 18^ = 63 S.F. EXISTING BLOCK LANDSCAPING = 3 S.F. EXISTING CONCRETE ("SOUTH ♦ EAST; = <177 S.F. EXISTING CABIN #1 = 366 S.F. EXISTING CONCRETE STEPS, RETAINING WALL 4 SIDEWALK ("20 + 4 + 58; = 82 S.F. EXISTING DECK = S.F. EXISTING GRAVEL = 182 S.F. EXISTING CABIN «2 = 365 S.F. EXISTING CONCRETE STEPS, RETAINING WALL ♦ SIDEWALK C80 + 4 + 16; = 100 S.F. EXISTING DECK = 101 S.F. EXISTING GRAVEL = 3iq S.F. EXISTING CABIN #3 = 788 S.F. EXISTING CONCRETE = 64 S.F. EXISTING DECKS (2°^ + T3) = \02 S.F. EXISTING CONCRETE RETAINING WALL = 10 S.F. EXISTING CABIN #4 = 440 S.F. EXISTING DECK = 13^ S.F. EXISTING CONCRETE = 108 S.F. EXISTING LAKE AREA CONCRETE ("36 + 216 + lO; = 262 S.F. EXISTING LAKE AREA RETAINING WALL * STEPS ("25 + 26 + 8 + 15 + 14; = 88 S.F. EXISTING CABIN #5 = 447 S.F. EXISTING DECK = <16 S.F. EXISTING CABIN #6 = 445 S.F. EXISTING SHED = II S.F. EXISTING DECKS (T\ +20) = qi S.F. EXISTING CABIN #7 = 400 S.F. EXISTING CONCRETE = II S.F. EXISTING CABIN #8 = 406 S.F. EXISTING GARAGE = 1046 S.F. EXISTING SHED = 67 S.F. EXISTING PAVERS = 7 S.F. EXISTING CONCRETE FLCWER PLANTER = 8 S.F. EXISTING ROCK WALL = 14 S.F. EXISTING GRAVEL = 2004 S.F. EXISTING BITUMINOUS = 3780 S.F. 7425 S.F.0 Clr~EXISTING LIVING AREAS = 7,425 S.F. 7,425/^ = 325 S.F. AVERAGE LIVING AREA FLOOR AREA RATIO PER CHART = 0.046 i I toh-UJ!•V I EXISTING COMMERCIAL DEVELOPMENT TIER / CALCULATIONS: = 36,172 S.F.I TOTAL AREA TOTAL AREA EXCLUDING: I. METLANDS, BLUFFS, RON OR BELON OHNL - O I I ^ '.I XUa(Y O'TOTAL = 36,172 S.F. r-* It i—I AVERAGE LIVING AREA OF DNELLING UNITS = 325 S.F. FLOOR AREA RATIO PER CHART = .046 36,172 X .046 = 1,664 S.F. 1,664/325 = 2.02; 2 DUELLING UNITS ALLONED IF DENSITY INCREASE ALLONED = 2.02 X 1.5 = 3.03; 3 DNELLING UNITS ALLONED EXISTING HOUSE 4 CABINS = S i 1^u: Dr "if) la •Uj Mri Uj ir v;RESIDENTIAL DEVELOPMENT mITIER I CALCULATIONS: = 36,172 S.F.TOTAL AREA TOTAL AREA EXCLUDING: I. NETLANDS, BLUFFS, RCN OR BELON OHNL I - O TOTAL = 36,172 S.F.I qCoS I5,26q S.F. EXISTING IMPERVIOUS SURFACE ^ I526q/36I72 4 42.2% EXISTING IMPERVIOUS SURFACE |BASE DENSITY OF DNELLING UNITS = 36,172/40,000 = O.HO MAXIMUM ALLONABLE DENSITY PER TIER = 0.<^ x 1.5 = 1.35 TIER I NUMBER OF UNITS ALLONED = / EXISTING CABINS OBSERVED = 3 EXISTING HOUSE OBSERVED = / TOTAL EXISTING UNITS OBSERVED = «? oCO I 1 OPEN SPACE CALCULATION 36,172 S.F. IS THE TOTAL AREA OF THE EXISTING PROPERTY 36,172 - I5,26<^CIMPERVIOUS AREA) = 20,HO3 S.F./ 20,903/36,172 = 57.5% OPEN SPACE I .• 4<[pmVEL\. I PROPOSED PARKim AREAS OUTSIDE OF THE: EXISTING ftlPERViOUS SURFACE CALCULATIONS: PARKING BY CABIN W ADDS ADDITIONAL 25 SF PARKING BY CABINS F2 AND #3 ADDS ADDITIONAL 121 SF PARKING BY CABINS »4 ADDS ADDITIONAL I3B SF PARKING BY CABINS #5 AND #6 ADDS ADDITIONAL (400 + 14&) = 54a SF parking fremoving cabin #7 $ CONCRETE) ADDS ADDITIONAL ((6 x 200j - 400 - Uj = 739 SF V 1SN CORNER OF LOT 5 I I /IIV TOTAL ADDITiCiNAL IMPERVIOUS SURFACE = lOm S R1 S Q2’50'25" N !0±CERTIFICATE OF SURVEY FOR: DAVE THOMPSON FISHERMAN'S VILLAGE RESORT I5,26q + 1668 = I6,«B7 S.F. PROPOSED IMPERVIOUS SURFACE I6S37/36I72 =446.8% PROPOSED IMPERVIOUS SURFAC^J SURVEYOR'S CERTIFICATE / hereby certify that this survey, plan or report LUOS prepared by me or under my direct supervision and that I am a Professional Laid Surveyor licensed under the lews of the State of Minnesota. Dated this 22nd day of June, 2022. I FIELD BOOK ALS-250/8 CONTRACT NO. 134-22 DRAWN BYFOLDER 134-22 LIBNDERSON LAND SURVEYING, INC.FIELD CREW JAK/MJCHECKED BY DAA DWG FILE 134-22 CRD FILE 134-22 Professional Lend Surveyor Mimesata License No. 13620PROFESSIONAL LAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS, MN 56537 (218) 739-5268 (800) 300-9276 DRAWING NUMBER REVISION;SEC-TWP-RG 6-133-40 9298 J