HomeMy WebLinkAboutRose Ridge Resort_32000170128003_Variances_07-05-20121-5-201Z.
k * ^DOC# 1111781 III III ml III 11 illDate Stamp OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTA
Certified, Filed, and/or Recorded:
July 09, 2012 1:00 PM
Wendy L. Metcalf, Recorder
1111781
Fee: $46.00
Well Certificate [ ] Rec'dF.tCEiV=:D
JUiJ I 3 2012
L/aND & RESOURCE Returned To:
LAND & RESOURCE
By: LLjM)L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK
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Receipt Number
Accepted ^
DAYTIME PHONE
/ Date______________
PROPERTY OWNE
MAILING ADDRESS i'
iCoie LAKE CLASSLAKE NAMELAKE NUMBER
hi/tUMyIIIA/aa TOWNSHIP NAMERANGETOWNSHIPSECTION
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ADDRESS
PARCEL
NUMBER g'.?Ono/7 QXayoal
LEGAL DESCRIPTION Pf 6rL|+7-
TYPE OF VARIANCE REQUESTED (Please Check)
Structure Setback K Structure Size Subdivision Cluster WECSSewage System Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ ^
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
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I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPON^ILITY TO CONTACT LAND &RESOURCE MANAGEMENT REGARDING THIS.MATTER. X O A l\l M F D
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DATESIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345,194 • Victor Lundeen Co , Printers ♦ Fergus Falls, Minnesota
.4 I
7 /2 /;nnDate Of Hearing Time
Motion
Rose Ridge Resort - Approve the variance application as modification with a condition. (7:12 p.m.)
After consideration and discussion, Rod Boyer made a motion, seconded by Paul Larson and unanimously carried, to approve a
variance of 20’ from the required side lot line setback of 50’ for the placement of the proposed dwelling 30’ from the side lot line
with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. The variance as
approved will not negatively impact this immediate area.
irman/Otter Tail County Board of Adjugfment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 072011-001
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Legal Description Exhibit
That part of Government Lot 1 and that part of Government Lot 2 in Section 17,
Township 137 North, Range 40 West of the Fifth Principal Meridian in Otter Tail County,
Minnesota described as follows:
Commencmg at a found iron monument which designates Meander Corner No. 66 on the
north line of said Section 17 and on the westerly shore of Rose Lake; thence South 89 degrees 55
minntwi 28 seconds West on an assumed bearing abng the north line of said Section 17 Ibr a
distance of3l7.20 feet to afound iron momunenf, thence South 09 degrees 03 mmulesSA
seconds East for a distance of638.01 feet; thence North 84 degrees 17 minutes 22 seconds West
for a distance of 69.80 feet to the ccntcxlinc of County State Aid Highway No. 4, said point
hereinafter referred to as Point A; thence continning'Nortb 84 degrees 17 minutes 22 seconds
West for a distance of283.09 feet to the west line of said Government Lot 1, said point is the
point of beginning; thence South 00 degrees 22 minutes 41 seconds West along the west line of
said Oovemmeot Lot 1 and along the west line of said Govemmenl Lot 2 for a distance of
913.25 feet; thence South 86 degrees 00 minutes 00 seconds East for a distance of274.40 feet to
the centerline of said County State Aid Highway No. 4, said point hereinafter referred to as Point
B; thence North 00 degrees 31 minutes 17 seconds East along the centerline of said County State
Aid Highway No. 4 for a distance of293.89 feet; thence South 88 degrees 54 minutes 13 sc^nds
East for a distance of50.00 feet to an iron monument; thence continuing South 88 degrees 54,
minutes 13 seconds East for a distance of 78.12.fcet to an iron monument; thence North 81 ^
degrees 40 minutes 13 seconds East for a distance of 142.99 feet to an iron monument; thence
South 86 degrees 15 minutes 33 seconds East for a distance of 102.48 feet to an iron monument;
thence South 77 degrees 38 minutes 34 seconds East for a distance of 92.81 feet to an iron
monument; thence North 06 degrees 30 minutes 11 seconds East for a distance of 150.51 feet to
a found iron monument; tihence continuing North 06 degrees 30 minutes 11 seconds East for a
distance of 15 feet, more or less, to the water’s edge of Rose Lake; thcncc northwesterly and
northerly along the water’s edge of said Rose Lake to the intersection with a line which bears
South 84 degrees 17 minutes 22 seconds East from the point of be^nning; thence North 84
degrees 17 minutes 22 seconds West for a distance of 320 feet, more or less, to the pohtf of
beginning. The above described tract contains 9.3 acres, more or less. 3 3,0C^ H 0 \'^
SUBJECT TO a 100.00 foot wide right of way easement for County Stale Aid Highway
No. 4 over, under and across the above described tract The centerline of said 100.00 foot wide
right of way easement is described as follows:
Beginniug at the aforementioned Point A; thence southerly, on a curve concave to the East
having a central angle of 05 degrees 26 minmes 42 seconds and a radius of 1273.24 feet for a
distance of 121.00 feet (chord bearing South 03 degrees 14 minutes 38 seconds West); thence
South 00 degrees 31 minutes 17 seconds West for a distance of 783.48 feet to the
aforementioned Point B and said centerline there terminates. The sidelines of said 100.00 foot
wide County Stale Aid Highway No. 4 right of way easement shaft be prolonged or shortened to
terminate on the northerly and southa-jy boundaries of the above desenbed tract.
SCANNED
ROSE LAKE: LAKE CLASSIFICATION
RECREATIONAL DEVELOPMENT
OHWL= 1350.40 FT (MSL 1912)
= 1350.73 in'. (NAVD 88)
WATER ELEV. ON 04/04/2012= 1350.79 (NAVD 88)
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1 %o111TIER 1 AREA=I ± 116686 Sq. Ft.lb.
2.92 = TIER 1 BASE DENST%BOAT/ FISH 4.38 = TIER 1 MAXIMUM/4^ *U-//ALLOWABLE DENSITYiCLEANING HOUSE//3 ///t-/iaIh /(LCccho nMASTER H //ivr// HoasE
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\~T 20 FOOT" SETBACKh—0—-., FROM R/WA\I 4.
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• July 5, 2012
Page # 2
Ruth and Nate Hanson - Approve the variance application with a modification. (6:43 p.m.)
Ruth and Nate Hanson, part of the Southeast Quarter, Section 19 of Folden Township by an unnamed lake,
requested a variance of 102’ and a variance of 119’ from the required ordinary high water level setback of 200’ for the
placement of cabin and deck 98’ from the ordinary high water level and for the location of a future garage site 8T from
the ordinary high water level. Dean Kapphahn, Contractor, appears with the applicants at the public hearing. The
audience was polled with Paul Halvorson speaking for the variance as requested. After consideration and discussion,
Steve Schierer made a motion, seconded by Paul Larson and unanimously carried, to approve a variance of 100’ from
the required ordinary high water level setback of 200’ for the placement of the proposed cabin and deck and for the
location of a future garage 100’ from the ordinary high water level. The hardship/practical difficulty is the terrain of the
applicants’ property. The variance as approved will place all new development outside of the shore impact zone.
Peter and Karen Dzubay - Tabled. (6:50 p.m.)
Peter & Karen Dzubay, Lot 10, St. Lawrence Beach and part of Government Lot 1, Section 13 of Rush Lake Township
by Rush Lake, requested the following:
1. Proposed ‘Bay’ feature to current living room would extend 4’ beyond existing structure and be 48’ from
ordinary high water. I am requesting a variance of 27’ from ordinary high water level.
2. Proposed garage (w/finish above) would be 16’ from road right-of-way pin markers verses 20’ per ordinance
standards. 35’ from edge of road- request 4’ variance.
3. Proposed egress/deck on existing second story of structure would extend 6’ from existing and be 40’ from
ordinary high water level. Partially replaces 3 season porch removed in 2011. I am requesting a variance of
35’
4. No part(s) of proposed additions extend beyond current /historical footprint of existing structure with
relationship to setback from road right-of-way or ordinary high water level.
The audience was polled with no one speaking for or against the variance as requested. After consideration and
discussion, Steve Schierer, with the verbal and written agreement of the applicants made a motion, seconded by
Thomas Lee and unanimously carried, to table the applicants’ request until the next scheduled meeting of the Board
of Adjustment, which will provide the applicants with an opportunity to meet with a representative of the Land and
Resource Department and an opportunity to determine if the proposed development can meet the 3' vertical
separation requirement.
Rose Ridge Resort - Approve the variance application as modified and with a condition. (7:12 p.m.)
Rose Ridge Resort, part of Government Lot 1 and 2, Section 17 of Hobart Township by Rose Lake, requested the
following: Proposed dwelling unit would be within 50' of lot line setback which is an adjacent cluster development
driveway. With approval of proposed dwelling, 5 existing structures will be removed within 2 years after completion to
enhance lot appearance. Request to be 25’ to lot line. The applicant will file for a conditional use permit upon
approval of the variance application. The audience was polled with Barb Olson seeking clarification as to the location
of the proposed structure. After consideration and discussion, Rod Boyer made a motion, seconded by Paul Larson
and unanimously carried, to approve a variance of 20’ from the required side lot line setback of 50’ for the placement
of the proposed dwelling 30’ from the side lot line with the condition that no more than 25% of the total eligible lot area
can be covered with impervious surfaces. The variance as approved will not negatively impact this immediate area.
Greg and Jenny Maue - General Discussion (7:20 p.m.)
Greg and Jenny Maue submitted a letter dated June 19, 2012 describing the planned improvements to
their property and noting the differences from the variance as previously approved in 2003. After general
discussion and consideration, the Board noted that the proposed improvements as described are within the
spirit and intent of the variance as originally approved. The proposed improvements appear to be less
substantial than those previously approved by the Board of Adjustment in 2003. The Board took no formal
action as it would not be appropriate to act outside of the receipt of a formal application and the Board has
no authority to change the variance that was granted in 2003.
SCANNED
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Rose Ridge Resort
MICHAEL KITCHENMASTER
34568 COUNTY HIGHWAY 4
FRAZEE MN 56544-8962
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, July 5, 2012 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 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
part of Government Lots 1 and 2,
Property Address - 34568 County Highway 4
Section 17, Township 137, Range 40 - Township Name - Hobart
Lake No. 56-360, Lake Name - Rose, Class - RD
The variance requested is -
the following: Proposed dwelling unit would be within 50’ of lot line setback which is an adjacent cluster development
driveway. With approval of proposed dwelling, 5 existing structures will be removed within 2 years after completion to
enhance lot appearance. Request to be 25’ to lot line. Will file for a conditional use permit upon approval.
Wayne Stein
Board of Adjustment Secretary
Date: June 14, 2012
SCANNED
♦
f 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 15th, day of June, 2012 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Michael Kitchenmaster, 34568 County Highway 4, Frazee, MN 56544 8962
Debi Moltzan, Twp Clerk of Hobart, 47634 353"'' Ave, Frazee, MN 56544
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Rod Boyer, 51127 E Wymer Lake Rd, Frazze, MN 56544
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: June 15th, 2012
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
■9By:l C v. <*.
Vi Manderud
SCANNED
SCOTT JENNINGS EHLKEDEWAYNE & CYNTHIA F BRUNS
34409 COUNTY HIGHWAY 4
FRAZEEMN 56544 8960
BONI^TTA & HAROLD E ANDERSON
34643 COUNTY HIGHWAY 4
FRAZEEMN 56544 8962 PO BOX 111
VERGASMN 56587 111
STATE OF MINNESOTA
ATTN TAX SPECIALIST
ROLAND D & BARBARA J OLSON
34552 COUNTY HIGHWAY 4
FRAZEEMN 56544 8962
MICHAEL KITCHENMASTER
34568 COUNTY HIGHWAY 4
FRAZEEMN 56544 8962
PO BOX 45
SAINT PAUL MN 55155 4045
WELLS FARGO BANK NA
FORECLOSURE DEPT MAC X7801-013
3476 STATEVIEW BLVD
FORT MILL SC 29715 7203
SCANNED