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HomeMy WebLinkAboutSwan Lake Club_ 13000190112000_22676_Variances_11-14-201911-14-^0/^ Date Stamp 1230445 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER,.‘‘RE61STRAR OF TITLES FER6US FALLS, MN RECORDED OHr-S|^4nitial 12/04/2019 08:5? AM HE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE™™ .-y- REC'D: N CD COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.ottertailcountvmn.us Application Fee DC> /hi /Jr^ji‘1 770-9971 falls J^K) COMPLETE THIS APPLICATION IN INK Receipt Number Accepted By / DateLuU C,(v(.b _ C2^lACiC^ LiMJA MAJ~AaLAM\kPROPERTY OWNER DAYTIME PHONE ~70L-> LAjv\^ok1 A.VCMAILING ADDRESS E-MAIL ADDRESS . C/^ooL-^Cvr (<X K'g, LAKE NUMBER "18 \ LAKE NAME h UC4^MLAKE CLASS TOWNSHIP 1 3 7... range M TOWNSHIP NAME ~bAKlg ZZCf~l(^ UO(AlT€ QujLU LAmH MM ■srfaS'I'T 15SECTION PARCEL NUMBER E-911 ADDRESSOil Zooo LEGAL DESCRIPTION T>T, F>,L, 3 TSK Zo^ TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X Structure Size Sewage System Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: oJU£ LAk\0i M, ■STILwLTujuI S\TTSAck_SECTION OF ORDINANCE: VARIANCE REQUEST. We are proposing to construct a new dwelling that will be 30' from Swan lake OHWL Requesting a 20' variance from the 50' Shore Impact Zone set back and a 70' from the 100' structure set back from Swan lake. Existing home is less than 1' back from OHWL and will be removed prior to new dwelling construction. Requesting 940 sq ft variance from the 260 sq ft SIZ impervious surface allowance. The existing dwelling has 1200 sq ft of impervious surface within the SIZ. The existing home will be removed prior to construction resulting in no net increase in impervious surface in the SIZ. Requesting 60' variance from the 200' structure set back from Chautauqau lake to expand/modify existing 576 sq ft 2 story garage by up to 524 sq ft. A190 sq ft shed that was 120' from Chautauqau was removed in early 2019.^^t|UYshni| CL ID' UiX{ k." fKt cvLIiVidvi -b t>ic I VoIS bo' -^VvVcH'.vj LV 'fo* ) I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. /CD 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) 1*' ■i'-* <; j" ¥ ^^ t t i n OFFICE USE ONLY Date Of Board of Adjustment Hearing Motion /y.oo .Time Swan Lake Club, Inc. - Chuck & Linda MacFarlane - Variance Application Approved with Condition (6:17 p.m.) After consideration and discussion'. Dairen Newville made a motion, second by Douglas Larson and unanimously carried, to approve the variance as described in the variance request and as depicted on the drawing dated October 15, 2019 to replace the existing dwelling being 30’ from the ordinary high water level of Swan Lake and approved to cover 1200 sq. ft. of impervious surface coverage in the Shore Impact Zone. Also approved to expancLmodify the existing 2 story detach garage by 524 sq. ft. which will be 140’ from Chautauqua Lake and 90’ from Swan Lake with the cpndition that Land & Resource Management and Soil & Water Conservation District Office verify the garage expansion is in compliance with the Wetland Conservation Act with regard to no wetland fill for the expansion of the detached garage. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Deoartment. The variance as aonroved does not directlv or indirectly grant any other variances for future development. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No /bm/ III L R' Official/Date ' - u ' Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 366,604 • Victor Lundeen Co.. Printers • Fergus Falls, MN • 1-800*346-4870 Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOfTERTflIl 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:Swan Lake Club, Inc. - Chuck & Linda MacFarlane Address/Parcel No. 22676 White Quill Lane / 13000190112000 Requested Variance: We are proposing to construct a new dwelling that will be 30' from Swan Lake OHWL. Requesting a 20' variance from the 50' Shore Impact Zone set back and a 70' from the 100' structure set back from Swan Lake. Existing home is less than 1' back from OHWL and will be removed prior to new dwelling construction. Requesting a 940 sg ft variance from the 260 sq ft SIZ impervious surface allowance. The existing dwelling has 1200 sq ft of impervious within the SIZ. The existing home will be removed prior to construction resulting in no net increase in impervious surface in the SIZ. Requesting a 60' variance form the 200' structure set back from Chautauqua lake to expand/modifv existing 576 sq ft 2 story garage by up to 524 sq ft. A 190 sq ft shed that was 120' from Chautauqua was removed in early 2019. Requesting a 10' variance from Swan Lake for the addition to the existing detached garage. Required set back is 100', structure will be 90' from Lake (Swan). Otter Tail County Ordinance: XShoreland Mgmt. Sanitation. Subdivision. WECS Dock & Riparian Use Setback Ord. Ordinance Section Citation: III. 4. A. Minimum Structure Setback 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: Property has 2 bodies of water on each side, they propose to replace the structure at a greater setback than the existing structure. Otter Tail County Board of Adjustment - Variance Question Findings 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: 1. v'. This is an existing iegai non-conforming structure located I'from the lake, the proposal is an improvement to the lake setback and to the 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... No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: 2. There are similar structures and land uses in the neighborhood. 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 property is between 2 lakes and the setbacks overlap. 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 nearshore 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 are similar structures with similar setbacks in the area and the same land use patterns. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role 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: The location of the property being between 2 lakes. 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: November 14. 2019 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. L..’ Swan Lake Club, Inc. - Chuck & Linda MacFarlane - Variance Application Approved with Condition (6:17 p.m.) Swan Lake Club, Inc. - Chuck & Linda MacFarlane, Part of GL 3, Swan Lake (56-781) and Chautauqua Lake in Dane Prairie Township requested the following: We are proposing to construct a new dwelling that will be 30’ from Swan Lake OHWL. Requesting a 20’ variance from the 50’ Shore Impact Zone set back and a 70’ from the 100’ structure set back from Swan Lake. Existing home is less than 1 ’ back from OHWL and will be removed prior to new dwelling construction. Requesting a 940 sq ft variance from the 260 sq ft SIZ impervious surface allowance. The existing dwelling has 1200 sq ft of impervious within the SIZ. The existing home will be removed prior to construction resulting in no net increase in impervious surface in the SIZ. Requesting a 60’ variance form the 200’ structure set back from Chautauqua lake to expand/modify existing 576 sq ft 2 story garage by up to 524 sq ft. A 190 sq ft shed that was 120’ from Chautauqua was removed in early 2019. Requesting a 10’ variance from Swan Lake for the addition to the existing detached garage. Required set back is 100’, structure will be 90’ from Lake (Swan). Chuck MacFarlane, Property Owner and Wayne Enquist, Swan Lake Club represented the Variance. The audience was polled with no one speaking for or against the application. An email was received from Chris & Karie Hyslop in support of the variance was read for the record and an email from Robert Hyslop in support for the variance was read for the record also. After consideration and discussion, Darren Newville made a motion, second by Douglas Larson and unanimously carried, to approve the variance as described in the variance request and as depicted on the drawing dated October 15, 2019 to replace the existing dwelling being 30’ from the ordinary high water level of Swan Lake and approved to cover 1200 sq. ft. of impervious surface coverage in the Shore Impact Zone. Also approved to expand/modify the existing 2 story detach garage by 524 sq. ft. which will be 140’ from Chautauqua Lake and 90’ from Swan Lake with the condition that Land & Resource Management and Soil & Water Conservation District Office verify the garage expansion is in compliance with the Wetland Conservation Act with regard to no wetland fill for the expansion of the detached garage. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding 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 as approved does not directly or indirectly grant any other variances for future development. John & Dawn Lueders - Variance Application Approved as Reqnested (6:24 p.m.) October 10. 2019 Meeting John & Dawn Lueders, Pt of GL 4, Ely 241.23’ of Wly 316.23’ Lying Sly of Centerline of Twp. Rd., Middle Leaf Lake (56-116) in Leaf Lake Township requested the following: Proposing to replace the existing Mobile Home with a new dwelling and attached garage being approx. 75’ back from the OHWL, required setback is 100’. Also proposing to construct a 16’ x 16’ un-attached screen porch approx. 75’ from the OHWL, required setback is 100’. Hardship/Practical Difficulty is this lot is a very substandard lot of record with very limited amount of depth. John & Dawn Lueders represented the Variance. The audience was polled with no one speaking for or against the variance. After consideration and discussion, Thomas Lee made a motion, second by Darren Newville and unanimously carried to table the variance to November 14* Board of Adjustment Meeting at the applicants request to allow them to reconfigure their proposal. November 14. 2019 Meetinu John & Dawn Lueders, Pt of GL 4, Ely 241.23’ of Wly 316.23’ Lying Sly of Centerline of Twp. Rd., Middle Leaf Lake (56-116) in Leaf Lake Township requested the following: Proposing to replace the existing Mobile Home with a new dwelling and attached garage being approx. 75’ back from the OHWL, required setback is 100’. Hardship/Practical Difficulty is this lot is a very substandard lot of record with very limited amount of depth. John & Dawn Lueders represented the Variance. The audience was polled with no one speaking for or against the variance. After consideration and discussion, Kenneth Vorderbrugen made a motion, second by Thomas Lee and unanimously carried to approve the variance as requested to replace the existing mobile home with a new dwelling and attached garage being 75’ from the ordinary high water level. The hardship/practical difficulty is the substandard lot. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding 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 as approved does not directly or indirectly grant any other variances for future development. Board of Adjustment November 14, 2019 Page I 2 'I ■ ;f. -..fr' DEED RECORD No. 203 *0»e the Section line sjtroda; tbenoe due north 15 rode; thence due a present niece of land held hy School i^isirlct ^o. 311 of Otter i$iaSa».™‘-= l»e 4uo east oi .south 2|trod8: said land being ati addition t< Hill Citii.iy, Minnesota he and ihe ssoe hereby'Is passed and vested in School idstrlct Ho. 211 of Otter Tall County, Minnesota, tberelii to be and remain for school bouse psiposesas provided by law; and that said School l^strlct shall have the right ic have and occupy the said land fc r r the use and the purpose aforesaid, being for the usual purpose incident to scho'-l hnise eito. This conveyance and the whole thereof being against the owners of said real estate .md any and nil parties interested in Oitted at ><ew York Mills, Minnesota, this In Presence of: said land and real estate, Uth day of March, 19’<3» Jesee A.. SchurJc Ir,1a .’iariiii STAT>: 0? mi:;:.tsota ) Edwin iLscher Esther Plscker A -)ss c;iT:??y op otter t.^il) On this hth day of ;<arch, lOUl, before ed Edwin ?lsc.her and Esther Fischer, his wife , a Hotary Public within and for said County, oersonnlly apnear- to me known to be the persons described in, and who executed the :*oregol:;g instrument, and acluiowledged th^t they executed the earns as their free act and deed. Irja Marlin IHJA MARIIi: / Not.nry Public, Otter Tail County, Mijf(n. Hy aoBunieeion ExplresDee. IJ, 19^0/)(!;CT.-i.».IAL SEAL (OTTER T.-.IL CO. , KllX.)^ jf^E!) T^ 'SZCQSD on the 2U day of July 19**3 * ■; ;3:35 o'clock P. M. I I Reg. Ho. 309667THIS I'„S£L'TUR£, Made this 1st day of Augtst, 19h2. between THE |HI1::.£S0TA (a coroarotlon under the laws of thi State of Hlnneeota), A \La:;E CT'~ >; .d TKaUS C. VniKHlT AKB CATHARIHE W. WRIGHT, his wife: EL BST HATICIIAI. BAER 0? EEROUS FALLS,RUSTEB FOR THE MEMBERS OF THE SWAK W. WRIGHT, his wife; ELSIE WRI(HIT 3R0WH| a widow; MELVTH R. u... ASB HARCELU S. WHISHT, his wife; GRkCl CLAREEVRIGUI, a widow;'MILBREB L.. SHAY AliB J. F. SEAY, her r-usband; PAUL W. WILKE AID HEI.El; S. WIUiE, bis wife; CYRUS 0. WRIGKT AliB LOUISE RAliiAli WRI’.RIT, his wi'ie; SEOFFREY V. WELCH AID CHARLOTTE E. VELUi, his wife; KATHaRIII; PaRSOKS, a elngle woman; KAROARET P. VR1„HT. a widow; ELMER E. ABAMS A>D MARY C. fBAMS, his wife; KARJOBIE aDAHS, a single woman; MARY McLEAN JEWETT, a'widow; SAMUEL P.AB.AMS AliB LUCIA L. ABAMS, his wife,being each nnd all of the present members ( and their respective wives and huabaudal'of the Swan ''‘aVte Club, an unincorporated association, oarties of tne first part, and SWAI1 LaIX CLUB, INC the recond rart; v.':-ERSaS, The nreser.t members of the Swan '^ake Club, an unincorporated association, being Individual .nurties of the first part, are forming a eorpuratlon under the laws of the Stole of Minnesota by the corpofote . :sami! Of SWAL' LAKE CLUB, li'C. (party of the second part herein), to. among other things, acquire title to the nrot;j(erties convoyed hereby, and this Indenture shall be held in escrow until the forma'Ion of said corpor­ation. noriy'of the second part, shall have beensmpleted, and shall then be deliverer to the new corporati n, party of. the secor.d nart; I WKITNESSETK, That the parties of the first nart, lit consideration of the premises and of the sum of C::e Boiler (S1.(W)) and other good and valuably conslderatlnn, to them 1:; hand nald by the party of the second part, the receipt whereof ie here y acknowl I/WRI ikv. a corporation under the laws of the State of Ui:,r.esota, party of • f d, do hereby grant, bargain, quit claim, convey, tranefer, asslg:'., and deliver unto the party of the seo^nd part. Its successors and assigns, all of the following t:a.->' and parcel cf land, and all of the other properties, lying and being in the County 0 f Otter Tail,Idtste of Minnesota, described as follows, to-^ilt: ■til of Ccvernment Lot Three (3)1 except a seven and one-balf (7s) Acre tract conveyed to one Casner ..elson, of Sectl n Kineteen (I9). In Towshlp One Hundred Thirty-Two (132), Merth, of Ban^ Forty-Two' (U?) West. I Each and all of the common or Club pror.esties, Irniirovements, facilities, and equipment, located upon the above descrl'oed leal property, including, without limiting the generality of the foregoing, the-water s,vaten, (he olectlc nnd telephone system^, loe house, and all other properties constructed or located unoii the above described real property and previously owned, operated or used by Swan Lujjte Club, an unincorporated assoclatlon; expressly excepting, however, the cottages, together with the buildings and structures adjacent and incident thereto constructed by the i:idivldual parties of Abe first nart, or'.their predecessors, and located u;>or. the above described real property (exclusive of Club or common pronert.v), which said cottages, together with the buildings and structures adjacent and Incident thereto, . iiave always.been, nnd shall hereafter be, considered tote personal property not affixed to, and not a nart of , the nal property, and to remain in and belong to the: Individual owners of such personal property rather than to the owner of the real property, nil ir accordance with the Certificate of In- cerporatlon and the By-Laws of Swan Lake, Inc TC;HA\'£ .AliB'O HOLB THE SAME, Together with all tne heradltanento and appurterjinaee tnereunto belonglr<g or'in anywise appertaining, to thettild party of the second part, Ite eueceasore and assigr.s. Forever. IX TESTIMCirf HilEREOF, The said parties of the first part have caused this indenture to be properly executed tne day and year first above written.! ;• « THE FIRST XATIOUaL BAi.>: 0? FERff. S FALLS (a corporation), ASTRUS'CEE FOR T HE HEISSBS C OF THE SWAi. LAiS CL'JB BY Elmer E. Adams Its President and R.^Llnocln Its cashier (CORPORATE SEAL) Thomas C. Vrlght (Thomas C. Hrlght) Catharine w. wrlght (Catharine H. Vrlghs) Elsie Vrlght Brown (Elsie Vrlght Brown) Helvyn R. Vrlght (Melvyn R. Vrlght) Marcella S. Vrlght (Marcella S. Vrl^t) Grace Clarke Vrlght (Grace Clarice Vrlght) Mildred L. Sha; (Mildred L. Shay) ,T P 1;: PHESEt.CE OF; He::ry <Ienscn H. E. Swenson Wltnes.es as to all.t ■1 i 1■1 I 1 r m ]1 & 1 w4 fth (»'nnr ■X«.»8 DEED RECORD No. 203 l.|i; > »• i»«fi ( Paul \f. Snice ( Paul W. Wilke) Helen S. Wilke ( Helen s. Wilke) Cyrus C. Hri^-ht ( Cyrus C. Wright) Louise Hannah Wright I Louise Harniah Wri,.ht) Geoffrey W. Ueleh( Geoffrey W. Welch) Charlotte E. Welch(Charlotte E. Welch) Katharine Parsons (Katharine Parsons) Margaret P. Wright (Margaret Vrltht) Elmer E. ncians(Elmnr S. ndams) Mary C. AOi.ms (Mary C. .tdams)' Marjorie Acaas (Marjorie Arnas) Mary McLean Jeuett(Ma:^' HcLeor; J«ui:tt) Samuel P. adniri8(Sscuel ?. Adams) Lucia L. Adtc.:s(Iucii: L. .id.n.ns) I Si.vii. C ? MI". ESC0a ))SS •:C '. 7v: ? or™;-. ?ail) On this 30ih day of July, 1942, before me, a Hotary Public within and for said County, nerssnally aooearec Elmer E. Adams and 11. S. Line >ln to m: personally known, who, beinga.ch .by me duly sworn, did say that they are resnectively the President and Caihier of the Tirst National 3enk of Fergus Falls, Minnesota (bccniorati-n), As Trustee for The Mombera of 'he Swan Lake Club, the comoratlon named ii. the foregoing , lustntmer.t, and that the seal af ixed to said .nstrumsr.t is the corporate seal of aaid corporation,'mid that said i..8truaent was signed and sealed ii behnl ‘ of said corporation by authority of USS Board of Llreciors, ) a:'.d aid Elmer E. Adams and H. £. Lincoln acknoitletiged sald( ii;strument to be the free act aid deed of said COrcoration. ( i:CT.JtlAL SEAL lOT-TEH TAIL CC.. Mil.' .) )H. E. Swenson ’.'otary Public, Otter Tail County, Minnesota. My commission exnires Jai.. 17-1943. ("OTASIaL S;.AL) ?A?>. OF HIL.ESOTa ) )SS C'CnTY 0? -Til-IE TaIL) Or. this 3.. day of May, 1943. before ms a lie tary Public wltnir. n.d f sr said Cour.tv, personally ^near­ ed rju-.mai '. >r'rl,-;ht. Cathari.'.e W. Wright, Elslr Wright 3rown, Malvyn H. Wright, Marcella S. Wright, Grace Cl.ar-.e bright, Mildred it. Shay, J. ?. Shay, Paul \l. "like, Helen S. Wilke, Cyrus G. Wrlgnt, Louise Han.lah b'rigiit, Geoffrey W. Welcn, Cliurlotte E. Welch, Katharine Parsons, Elmar 3. Adams, Mary C. Adams, Mary McLean Jewett, Samuel P. Adaios and Lucia S. .Ida^, to me known to be twenty of the oersons das rlbed i.n and who executed the foregoi.-ig instrument and aekiiowli dged that they executed the same e s their free act and deed. H. E. Lincoln liotary Public, Otter Tall County, Minnesota. My com.-;.ission exolres ___________________. (HOTaRIAL SEAL))( ..CiT.taiAL SEAL ( GTTE?. TAIL Cuir.jTY. Ml;.'.;.)R. E. Lincoln .lotary Public, Otter Tall Co'unty, Minn. My Commission Exfilres Feb. 6, 1949.r ST.iTF OF Rhode Island ) ).SS XLTTY OF lew.-ort On this.eighth day of May, l'^4.3, be or< appenred Margaret P. Wright to me known to be c iustrumect and a ekr.owlodged that she executed me, a Notary Public within and for said County, vereunally no of the persons described In ond;.wbo executed the ; foregoing the same as her free act and deed. John F. Finerty Notary Public Netfport County. State of Rhode Island. Hy eomaission expires Jxuia 30, 1946. (jiOTAfilAL SEAL) )i.:07.^HlAL SEaL ( JOlfil ?. FI ERTY j :!EW.>'CRT, RH02E ISLa.;U) SCaTS of Culifornla ) ) )ssCi.'Ji.'T? OF Los Angelas) On this l^^th day of I'lay, 1943. before ne, a Notary Public wlthi.n and for aaid Count)) persdnsdly . api>e-xred Marjorie Adams to me known to be cne of the persons dee :ribed In and who executed the foregoing in- st.-uno.-.t and acknowledged that she executed the sane as her free act and deed. i'. M. Hesecur^ Notary Publ^TLoe Angeles Cou:ity< State of Canfornla. My commissi;. i1■ ()( i.'OT.'vBlAL SEAL ( li.H. MESECaH ( LOS AiiiaiLES CO'Ji.TY ( .iLIFORi;iA FILED FOR RECORD c:: the 26 day of July 1943 at .!)Iexpires May 10th Ihhh.My comnlssicn Expires May 10, 19^4)) o'clock P. M. Rag. ilo. 3090b '::i:0V all HEH by these PHESSirrS, That EIsI^ M. Epeneter and Fran* J. Epeueter, her hus.Aad in coi.siderol lor. . Dollars, to us paid by Edvjard H. Petersor. and Edla K. Peterso.*., .".us .•i.:d n:.d wlfa do hereb.v (;ra..t. bargni:.. aolll and convey lu'.to said Edward H.. Peterao:. and Edla H. Peterson life. Each party having right of survivorship heirs and usr.lgi.s. all the following,real property, : with the tenements, herei.itanei.ts and appurteriacees situated in the County of Otter Tall and State of Minnesota b-;u:'.aed and described as dillows, to-wlt: Tile West, northwesterly eighty (dO) feat of that certain bract of land described Ir. that certain deed recor.'ied ir. the office of the Register of Deeds in arsl for the eount,v of Otter Tall, and State of Minnesota, Saijd tract of land : eln,; a part of Government lot'five (5) , of hundred thlrty-alx, North of Range (42) fftrty-two. West of ad boundry of said tract hereby conveyed are; well iniown to ther natural monuments for convenlencaand ae evidence of sub- followi.'ig: That portion or part of Sub-lot one (1) of Govern- Is (32) thlrtyptwo feet distant from and parallel with and An 00 4A a4. Ann/1 3 Aa if C:.e dol'.ar and other valua':>le eor.sidenitlons ■! I ir. -odk 127 of deeds..Oil 'page 173 thereof, sect. lie. (27) twei.ty-aeven. In Towns.nlp (13b) the 19th) fifth P. M. The points of location a lao -iartles herein and le marked on trees and o sequent trai.sfere. one The above des .-rlptlon does not l..cl'ude the 'meat Let five (9), lying south of a line which 4_____.1. ■wmasa •« * «■ I >«^ ♦ •* sva«««...A..aU 1 «•«. 1 LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. . To Whom it May Concern: Swan Lake Club, Inc. Chuck & Linda MacFarlane 706 N. Union Ave Fergus Falls MN 56537 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, November 14, 2019 at 6:00 p.m. in the Commissioner's 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 coritactthe Otter tail County Land & Resource Management office prior to the date of the public hearing.. Written correspondence will be received up until 12:00 p.m./noon the day prior to the public hearing date. ** Weather conditions may change the Hearing date and time. If bad weather occurs, piease iisten to the locai Fergus Falis 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 legally described and located at: Parcel No.-13000190112000 Pt. ofGL3 Section 19, Township 132, Range 42 Township Name - Dane Prairie Swan (56-781), Recreational Development (RD) Chautauqua (56-780), Natural Environment (NE) 22676 White Quill Lane, Fergus Falls MN 56537 Legal Description: Lake Name/Number/Class: Property Address: The variance requested is the foliowing: We are proposing to construct a new dwelling that will be 30' from Swan Lake OHWL. Requesting a 20' variance from the 50' Shore Impact Zone set back and a 70' from the 100' structure set back from Swan Lake. Existing home is less than 1' back from ortWL and will be removed prior to new dwelling construction. Requesting a 940 sq ft variance from the 260 sq ft SIZ impervious surface allowance. The existing dwelling has 1200 sq ft of impervious within the SIZ. The existing home will be removed prior to OVER (^) ottertailcountymn.us@OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 construction resulting in no net increase in impervious surface in the SIZ. Requesting a 60' variance form the 200' structure set back from Chautauqua lake to expand/modify existing 576 sq ft 2 story garage by up to 524 sq ft. A 190 sq ft shed that was 120' from Chautauqua was removed in early 2019. Requesting a 10' variance from Swan Lake for the addition to the existing detached garage. Required set back is 100', structure will be 90' from Lake (Swan). Ajny Busko Board of Adjustment Secretary October 31, 2019 SCALE DRAWING FORM Tax Parcel Number(s) J 3~OOQ ! ^ O II €.600 A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLS, wells, wetlands, topographic features (i.e. bluffs), and ^ite impervious surfara calculations. Scale: 1 inch = "Zo ’*________ Signature ------Date L/^lC-E \<a I I-2 Lo^a inm/•\I\£SHCO- -1 \/& \ CUATAvkQ^ SViITimcT G>Ai\ACag, XL /SloA\|6UUii_ — -4r ■IIIT4k»K.1I Wi\,l \)0 Z'i'bo \too ^.f{~ o(- ih-t. ]sf locttVetl iVi SKo/? Iniputf Zofi-f - 2oo^oUkjL CWATAIACWIA NIElo CA^iiNJ SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION Required for projects within the Shore Impact Zone only. List & identify ali existing and proposed onsite shore impact zone impervious surfaces on the scaie drawing. Land located between the OHWL 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. Def # 76. Shore Impact Zone fSIZ): Existing Ft^Proposed Ft^ CtoBuilding(s)I ■2-00 \ 1-00 Deck(s) Patio(s) Sidewalk(s) Landing(s) Driveway(s) Parking Area(s) Retaining Wall(s) Landscaping (Plastic Barrier) Miscellaneous TOTAL Total Shore Impact Zone Impervious Surface Existing Proposed Total Ft^Ft^Ft^ Maximum Allowable 260 Ft^ ^To ^\ 1.0 e=>I Zoo \*2-00 Impervious Surface Calculation SIZ 04-11-2016 Signature:.Date: / IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Lot Area (ft^): Other Impervious SurfaceBuildings Existing ProposedProposedExistingFt^Ft^Ft^Ft Z goo Deck(s)Dwelling Patio(s)Attached Garage Sidewalk(s)Detached Garage Zo|^\Landing(s)Storage Shed ^ooDriveway(s)WOAS Parking Area(s)RCU Retaining Wall(s)Miscellaneous Landscaping (Plastic Barrier) Miscellaneous I e)0<Z)SIL.TOTAL OTHERTOTAL BUILDINGS Buildings Impervious Surface Percentage Maximum Allowable 20% Total Lot Area Impervious Surface Ratio Existingi-i2 Proposed Ft^Ft^Ft^Total Buildings Ft O^C>12XSIL 100+X Buildings + Other Impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Proposed Total Lot Area Ft^ Impervious Surface Ratio Existing Ft^ Ft^Ft S'!o,osr^<T7oo 100+-r X=: Impervious Surface Calculation Worksheet 04-11-2016 Signature: SWAN UKE CLUB October 21,2019 Jennifer Piazza President | Swan Lake Club, Inc. 16100 57th Street NE St. Michael, MN 55376 Land and Resources Management Government Services Center 540 Fir Avenue West Fergus Falls, MN 56537 To Whom It May Concern, The Swan Lake Club Inc hereby gives Charles & Linda MacFarlane permission to apply for the variance listed below on Club property located as 22676 White Quill Lane, Swan Lake, Fergus Falls, MN 56537. The MacFarlanes are proposing to construct a new dwelling that will be 30' from Swan lake OHWL. Requesting a 20' variance from the 50' Shore Impact Zone set back and a 70' from the 100' structure set back from Swan lake. Existing home is less than 1' back from OHWL and will be removed prior to new dwelling construction. Requesting 940 sq ft variance from the 260 sq ft SIZ impervious surface allowance. The existing dwelling has 1200 sq ft of impervious surface within the SIZ. The existing home will be removed prior to construction resulting in no net increase in impervious surface in the SIZ. Requesting 60' variance from the 200' structure set back from Chautauqau lake to expand/modify existing 576 sq ft 2 story garage by up to 524 sq ft. A 190 sq ft shed that was 120' from Chautauqau was removed in early 2019. Jennifer Piazza Swan Lake Club | President OFFICERS Jennifer Piazza I President | 612-384-3533 | ienDiazza1415@amail.com Chris Hyslop | Vice-President Phil Hage | Secretary Wayne Enquist | Treasurer BOARD OF MANAGERS Grace Wright Russ Floberg■: SCALE DRAWING FORM Tax Parcel Number(s) /3‘Qqo / ^ O U Ct>oQ A signed drawing which includes and identifies a graphic scale in feet or indicates all setback distances, all existing and/or proposed structures, septic tanks, drainfieids, lotlines, road right-of-ways, easements, OHWLS, wells, wetlands, topographic features (i.e. bluffs), and oi^site impervious surface calculations. . j Scale: 1 inch = '________ Signature , ______Date •v. i :/ > vD J<33 US’ > C /<a 1I-2 O g\-r rH\\ntr>)i/.n/\§/\/£IA'v V \y-\/ 1 <LHATAykGiAiA feVisTiwcT &ahac?£ > \OQ* C)UOoi_ SU)Ak| - - -I 6&fTIC I j TamK. \ I________I r ■ pyx^t^s^ci ^ \\)\\{ \)0 l^OOSc\-^\r- \too o(- iy\-t Zoi^ ' Zoo'CWaTAWOAU, MEu> C,A<iiN So' OUtoL *^ujaa4 §eXI‘=.TIMS inin E5iTfuiMG re^£ o VA^Ct.©S.00AM uner laii uounty Web Map http://www.co.otter-t8il.mn.us t a , ■ '»•><% ,...i.. '"A, *'■ ■ > ir-r ^%2712 WHTgSVJLlAfJt . Not'a legal'document. For Reference Use Only. Accuracy is not guaranteed.ftOOgrtL,^aocul A003 0 C3t ■--■ai'' a,*CJ5'2L- ■ " •*►>•»'■ ■S'. ”'^' y, ■ ■ ■"'* . ......* ■’' .'k '4;■'n* . ' «-.. ■? ■ •■'»*H, -m- !*** ».>■*■ ..■■ ^ ■\'>-v»vy'.4 <,> :.. , !. ar... ■'•-•‘<!‘*• .•-■*-■: -'f>’^ •*■-».*. r*3?* .:...'i-S-' ' ‘ a... ' .•>r.»•- ■ » ^ '♦* '• .i ■'"t- i mk.. ’■; ^ m •■* 4,. ■ ■% * -•'e ' ■’■V * ■Vs■■>■ - ^ OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION ottertailcountvmn.usOTTCR TAIloeiavr-aiiiifOTt GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 WAIVER OF 60-DAY RULE THIS WAIVER MUST BE FILED AND SUBMITTED WITH TO THE OFFICE OF LAND & RESOURCE MANAGEMENT, ALONG WITH APPLICATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION AND / OR BOARD OF ADJUSTMENT, BETWEEN OCTOBER 7®^ & MARCH 31^'^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # boC c WT. ooO on my ________), described Application(s) dated\kLmi'iU Dd- le, Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I I I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). /2_ DATED PROPERTY OWNER LR: Forms; Waiver 60 Day Rule 02-21-2017 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 31 day of October, 2019 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Property Owner Lake AssociationTownship Clerk Bonnie Mark, Clerk Dane Prairie Township 18259 275‘f’ Ave Fergus Falls MN 56537 City Clerk (if located within 2 miles of a city) City of Fergus Falls, Andrew Bremseth, Administrator, 112 W; Washington Ave NoneSwan Lake Club Inc. Chuck & Linda MacFarlane 706 N. Union Ave. Fergus Falls MN 56537 <0 Lake Improvement District (If project Is located on their lake, mail notices to the Lake Improvement District) Big McDonald; Dewijg (l^r Perham): Little Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 onald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 lU Big Pine:LittleW\K\Pelic^, Fi^, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake:South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Otter Tail County COLA, 4302 13'f> Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 ^ulie Aadland, DNR Eco & Water Resources, 1509 1®' Ave N, Fergus Falls, MN 56537 Also Sent Notice To: Mark Jacobs 21356 Co. Hwy 22 Fergus Falls MN 56537 Board of Adjustment Members: Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551 R. Stephen Schierer 32117 260'^ Ave, Erhard MN 56534 Thomas (Tom) Lee, 15600 County 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 Planning Commission Member: Richard Gabe - 25826 County Hwy 20, Detroit Lakes MN 56501 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 IFileDated: October 31, 2019 •7Extra BOA Members___^ PC Member Envelopes _ TOTAL NOTICES TO PRINT___^ r^Added to Agenda l^Map Amy Busko, Secretary Otter Tail County Board of Adjustment ) Minutes/5By: Amy Bu; I I Print out Findings Of Fact Sheet Newspapers l:\BOA\Affidavits\MacFarlane (781) 11-14-19.docx Buffer Parcels Addr2 Citv St Zip Fergus Falls MN 56537 7730 Addrl 22343 Swan Lake Rd N Parcel No Name 2Name 1 06000240168000 Wayne A Enquist Saint Paul MN 55155 404506000240168001 State Of Minnesota Attn Tax Specialist PO Box 45 06000240170000 David P & Mary Jo Tonneson Fergus Falls MN 56537 773022370 Swan Lake Rd N Fergus Falls MN 56537 823522343 Swan Lake Rd NSwan Lake Club Inc06000240170001 Attn Wayne Enquist Fergus Falls MN 56537 772806000240170003 Daniel P & Rebecca S Tonneson 18181 Swan View Rd W 06000240171000 Fergus Falls MN 56537 7728Raymond L &. Sharon Braun 18160 Swan View Rd W Fergus Falls MN 56537 772806000240172000 Robert & Sharon Snorek Tst 18092 Swan View Rd W Maple Grove MN 55311 281906000240178000 Terry L & Melva J Shonblom 7312 Vinewood Ct Fergus Falls MN 56537 128206000240179000 Marilyn Somers 1630 Park St N Apt 2 West Fargo ND 58078 437306000240180000 Timothy &. Tami Mehl 1904 Burlington Dr Unit 5 06000240181000 Felber Family Tst Slayton MN 56172 1546Attn Genevieve A Felber 3218 29th St Fergus Falls MN 56537 823513000190108001 Timothy J & Penny S Rogelstad 23035 Swan Lake Rd N Fergus Falls MN 56537 823513000190110000 Deborah JWanekEtAI 23018 Swan Lake Rd N Fergus Falls MN 56537 823513000190110001 Matthew J & Colleen L Kennedy 22980 Swan Lake Rd N Fergus Falls MN 56537 013000190110002 Deborah Wanek 23018 Swan Lake Rd N Fergus Falls MN 56537 823513000190112000 Swan Lake Club Inc 22343 Swan Lake Rd NAttn Wayne Enquist Page 1 of 1Wednesday. October 30. 2019 Buffer Mail City, State, Zip Fergus Falls MN 56537 7728 Address 2Address 1Name 18160 Swan View Rd WRaymond L & Sharon Braun 23018 Swan Lake Rd N Fergus Falls MN 56537 8235Deborah J Wanek Et Al Fergus Falls MN 56537 773022343 Swan Lake Rd NWayne A Enquist Slayton MN 56172 1546Felber Farhily Tst 3218 29th St Fergus Falls MN 56537 8235Matthew J & Colleen L Kennedy 22980 Swan Lake Rd N West Fargo ND 58078 4373Timothy & Tami Mehl 1904 Burlington Dr Unit 5 Fergus Falls MN 56537 7728Robert & Sharon Snorek Tst 18092 Swan View Rd W Fergus Falls MN 56537 823523035 Swan Lake Rd NTimothy J & Penny S Rogelstad Maple Grove MN 55311 2819Terry L & Melva J Shonblom 7312 Vinewood Ct Fergus Falls MN 56537 1282Marilyn Somers 1630 Park St N Apt 2 Saint Paul MN 55155 4045State Of Minnesota PO Box 45 Fergus Falls MN 56537 8235Swan Lake Club Inc ,22343 Swan Lake Rd N Fergus Falls MN 56537 7728Daniel P & Rebecca S Tonneson 18181 Swan View Rd W Fergus Falls MN 56537 7730David P & Mary Jo Tonneson,22370 Swan Lake Rd N Fergus Falls MN 56537 0Deborah Wanek 23018 Swan Lake Rd N Wednesday, October 30, 2019 Page 1 of 1 Amy Busko Robert Hyslop <rhyslop_9@hotmail.com> Thursday, November 7, 201$ 9:32 PM Amy Busko MacFarlane, Chuck ' 22676 White Quill Lane, Fergus Falls, MN 56537 From: Sent: To: Cc: Subject: Dear Ms. Busko, We support and are in favor of the application for a variance submitted by Chuck and Linda MacFarlane to the Otter Tail County Board of Adjustment for hearing on November 14, 2019 in respect of the property at 22676 White Quill Lane, Fergus Falls, MN 56537. We are the owners of the adjacent property at 22664 White Quill Lane, Fergus Falls, MN 56537. Sincerely Yours, Rob and Nok Hyslop 3343 Port Royale Dr S #818 Fort Lauderdale, FL 33308 Cell 914-413-4936 1 'i Amy Busko Chris Hyslop <chrischyslop@gmail.com> Thursday, November 14, 2019 9:19 AM Amy Busko Karie Hyslop MacFarlane variance request - Swan Lak From: Sent: To: Cc: Subject: Sir/Madam: As owners of the cottage adjacent to Chuck and Linda MacFarlane's at Swan lake Club, we would like to offer our support for their request for a setback variance. Regards, Chris and Karie Hyslop 1 -r- http://www.co.otter~tail.mn. usOtter Tail County Web Map marmiii uke m CHAUTAUQAU -rt (IlS'r'IO t/'l/lts APPA^VgJi ^A(L\A^cS Ssr ISacIc FOfljo^ CwataxgiAk (£>/^/l) \/Ar\|AAio£ Foa 'lU' ^ST Fa.oj^ o ^ %f‘> stnviUTi 22676 WHITE QUILL LN SWAN LAKE -fefej4 r. # \ 2jyi^'Z.(a\ A<^p^oveo VA<Z'Aaocs FoV? To' S&T^Adic OHwJUAwiik Zjo' V/AfLlA>-<-S> ff\<Ws. SSTgAcJC E»f:j! ■, ^ \ rM a005 fofj Not a legal document For Reference Use Only. Accuracy is not guaranteed.a01 mi OTTER TAIL COUNTY • MINNESOTArrr^