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HomeMy WebLinkAboutWoodland Beach Resort_25000020012001_Variances_09-02-2010r q~2-2o\o 1080434 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thaU 080434 this instrument #___________ was filed/recorded in this office for record on the_3__dav of rder ^:::£epufy Wend> ^ weii certificifte 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 $400Application Fee _ Receipt Number Accepted By / Date COMPLETE THIS APPLICATION IN BLACK INK -k)(QWoodland Beach Resort Assc. LLC 701-640-2354PROPERTY OWNER MAILING ADDRESS In care of Myron Tschakert/President 1937 US Hwy 75 Kent, MN 56553 DAYTIME PHONE LAKE NUMBER 56-242 LAKE NAME Otter Tail lake LAKE CLASS cn SECTION___2 TOWNSHIP 133 RANGE 40 TOWNSHIP NAME Fveret.q PARCEL NUMBER 25000020012001 E-911 ADDRESS 26477 State Hwv 7R LEGAL DESCRIPTION PT GL 3 BG 100' W from SE Corner W 715' N to Lake E on Lake to Point 550' from E Line GL 3 S 300' to S lot line Public R/W Ely 80.01' S. 157' E 350' S. 300' to the beginning. Doc. # 980257 Unit # 9 TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X__Structure Size X___Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. We plan to remove the existing 20' x 20' single story cabin (#9) in its entirely and replace it with a 20' x 30' cabin with a 6 ' loft over a 20' x 20' section. The structure would be placea) on the precise footprint of the existing cabin with the additional 10' going to the south towards the Hwy. 13' nfg'ri t') t'l.; \ ^,s+vuc+u.(« To TVoH lO'Km'ft, •(br a CtUsKr (y.v/«(opMiUv^ i oi i \ IS sot ‘ (0I<- to oid fjar to ^HronlTsel'O-Ker-l- MCE FROn(tHE REQUIREMENTS OF THE SHORELAND The cabin will be between 15' to I UNDERSTAND THAT I HAVE APPLIED FOR A VARIA MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS 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. <y SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) //T)-7 al- lODate Of Hearing Time Motion Woodland Beach Resort Association - Approved the variance application as modified. (9:02 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 40’ from the required side lot line setback of 50’ for the placement of a 20’ by 30’ cabin with a 6’ loft over a 20’ by 20’ section 10’ from the side lot line. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. The variance as approved is consistent with past actions of the Board of Adjustment. CTTairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No L R CWicial/Date Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota /o\kO^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertaii.mn.us $400Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date 701-640-2354Woodland Beach Resort Assc. LLCPROPERTY OWNER(S) MAILING ADDRESS Myron Tschakert/President, 1937 US Hwy 75, Kent, MN 56553 DAYTIME PHONE LAKE NUMBER 56-242 LAKE NAME Otter Tail Lake LAKE CLASS GD RANGE 40 TOWNSHIP NAME EveretSSECTION__2 TOWNSHIP 133 PARCEL NUMBER E-911 ADDRESS 26477 State Hwy 78, Battle Lake MN25000020012001 56515 LEGAL DESCRIPTION PT GL 3 BG 100' W from SE Corner W 715' N to Lake E on Lake to Point 550' W from E line GL 3 S 300' to S lot line Public R/W Ely 80.01' S 157' E 350' S 300' to Beginning. Doc. # 980257 Unit # 9 CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration___ Commercial Use Forest Land Conversion___ Miscellaneous__ Cluster Development 2^ Extractive Use Industrial Use SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.We plan to remove the existing 20' x 20' single story cabin (#9) in its entirely and replace it with a 20' x 30' cabin with a 6' loft over a 20' x 20' section. The structure would placed on the precise footprint of the existing cabin with the additional 10' going to the south (towards HWY) The cabin will be between 15' to 18'high to the peak instead of the 8' high flat roof building. Currently 44 Units - will remain as 44 units I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. Woodland Beach Resort LLC., President Assc. ex SIGNATURE OF PROPERTY OWNER / AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Date Of Planning Commission Hearing Time Planning Commission Recommendation August 11, 2010- Motion: A motion by Wilson, second by Kinzier to approve as presented, provided: 1. The septic system is approved by the Otter Tail Water Management District. 2. The Board of Adjustment approves a variance for the substandard setback to the lotine. Note: This approval does not include a deck, but does allow for a patio. Chairman/Otter Tail County Planning Commission County Board Action 1/^ Approved As Recommended Denied As Recommended Other Slnjioatfe or Final Actionfman/Ott^Tail County Board of CommissionersC Da CONDITIONAL USE PERMIT # L & R Official/Date Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No Copy of Application Mailed to Applicant, Co. Assessor and MN DNR L & R Official/Date bk 062007-006 i 980257 No delinquent taxes and transfer entered; Certificate of Real Estate Value() not required OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certHy that Qg0257 this Instrument #—------------------was filed/recorded InJbls office oa,thB-i?-dayof _2005 atlOifiSli^pm Met^lf^ourity B^i^r Certificate of Real Estate Value No.P79199arn^ .20__for rei Wen^ Kby: Cm m jecordlno;^ .well certmcateCounty Auditor by. Deputy Warranty Deed (individual to individual) WARRANTY DEED OF OTTEH TAIL date — STATE DEED TAX DUE HEREON: $3,694.88 l?,aC05-Date: FOR VALUABLE CONSIDERATION, Eugene B. Floersch and Denise A. Floersch, husband and wife, Grantors, hereby convey and warrant to Woodland Beach Resort Association, LLC^ a limited liability company under the laws of the State of Minnesota, Grantee, real property in Otter Tail County, Minnesota, descnbed as follows: All of the part of the East 900 feet of Government Lot Three (3) in Section Two (2), Township One Hundred Thirty-three (133) North, Range Forty (40) West, Otter Tail County, Minnesota, described as follows:cP5' 000- O^I-DOiVOOl Beginning at the Southeast comer of said Government Lot Three (3); thence South 89 °56'04" West 100 feet along the South line of Government Lot Three (3) of the point of beginning; thence due North 300 feet; thence due West 350 feet; thence North 157 feet; thence North 89°29'31" West 80,01 feet; thence North 286 feet more or less to the waters edge of Otter Tail Lake; thence westerly along the lake approximately 350 feet to a line running South parallel with and 815 feet West from the East line of said Government Lot Three (3); thence South along last said line 740 feet more or less to the South line of Government Lot Three (3); thence easterly 715 feet along said South line to the point of beginning. The within described tract being subject to highway right-of- way easements and pole line easements as existing records indicate. *■ The afore-named grantors grant to the grantees an easement for ingress and egress, the described center line of said easement or road is as follows: That part of the East 900.00 feet of Government Lot Three (3) in Section Two (2), Township One Hundred Thirty-three (133) North, Range Forty (40) West, Otter Tail County, Minnesota, described as follows; Beginning at the Southeast comer of said Government Lot Three (3); thence North 350.00 feet along the East line of Government Lot Three (3) to the center line of said road, easement or right of way; thence North 67°20’00" West 212.00 feet along said road center line; thence North 77°35'00" West 204.50 feet along said road center line; thence North 89°35’00" West 154.70 feet more or less along the road center line to a line running parallel with and 550.00 feet West from the East line of said Government Lot Three(3)and there terminating. The said road of easement for ingress and egress is two rods wide. together with ail hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easements; restrictions and reservations of record, if any. Eugeff^. Floersch Denise A. Floersch STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) The foregoing instrument was acknowledged before me this day of . 20<15 . by Eugene B. Floersch and Denise A. Floersch, husband and wife. Grantors. gM “^OTreBTMLOOUHrJ Notary Public • • Tax Statements for the real property described in this instrument should be sent.to; Woodland Beach Resort Association, LLC | IVIk) Sti>5?5> THIS INSTRUMENT WAS DRAFTED BY: 7? SVINGEN, HAGSTROM, KARKELA, CLINE & DIRKS. PLLP 450 West Main P.O. Box 160 Perham. MN 56573 (218) 346-4995 (TAK/tm) i- V • September 2,2010 Page # 4 Rodney and Nancy Smith - Approved the variance appiication as requested. (8:40 p.m.) Rodney and Nancy Smith, Lot 52 Broadwater Beach and Lot 8 Block 2 Cha-Rosa Beach First Addition, Pelican Lake in Dunn and Scambler Township, requested the following: We request the above lot be severed from our property where we live on Pelican Lake which is Lot 52 Broadwater Beach. Lot 8 was permanently attached to Lot 52 when we acquired it in 1999. We have entered into a purchase agreement with Tom and Georgia Dawson who are building a home on Lot 9 and part of Lot 10, Cha-Rosa Beach which is directly adjacent to Lot 8 as shown on the survey. The . audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, second by Randall Mann and unanimously carried, to approve the variance as requested in the variance application dated August 4, 2010 Bob Bjornstad - Tabled. (8:50 p.m.) Bob Bjornstad, Lots 5 through 11 Bixby Acres, Indian Lake in Dead Lake Township, requested the following: Due to Indian Lake being reclassified to a natural environment lake, we wish to have the 75’ setback restored as it was when the Bixby Acres Plat was originally approved in 2002. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried to table, with the applicant’s verbal permission, this hearing until the next scheduled meeting of the Board of Adjustment to allow for an opportunity to discuss with the Land and Resource Department the reason why each property owner did not submit their own application. Beach Resort Association - Approved the variance application as modified. (9:02 p.m.) Woodland Beach Resort Association LLC, part of Government Lot 3, Section 2 of Everts Township by Otter Tail Lake, requested the following: We plan to remove the existing 20’ by 20’ single story cabin (#9) and replace it with a 20’ by 30’ cabin with a 6’ loft over a 20’ by 20’ section. The structure would be placed on the precise footprint of the existing cabin with the additional 10’ going to the south towards the highway. The cabin will be between 15 to 18’ high to the peak. Structure to be located approximately 6’ from the lot line. Requirement for a cluster development is 50’. Myron Tschakert and Terry Yokom represented the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as requested. A letter from Kathleen Thomas in support of the variance as requested was read for the record. After consideration and discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to approve a variance of 40’ from the required side lot line setback of 50’ for the placement of a 20’ by 30’ cabin with a 6’ loft over a 20’ by 20’ section 10’ from the side lot line. It should be noted that the variance as approved does not directly or indirectly grant any other variances for the proposed development. The variance as approved is consistent with past actions of the Board of Adjustment. Cory Klostriech - Tabled Cory Klostriech, Lot 1 Birchwood Shores First Addition and Lot 6 Birchwood Shores Second Addition, Pickeral Lake in Maine Township, requested the following: Split Lot 1 Birchwood Shores First Addition from Lot 6 Birchwood Shores Second Addition and to declare each lot buildable for single family residential use. Lot 5 Birchwood Shores Second Addition had a year round home established four years ago. Note - Garage on Lot 1 is about 2’ over property line to Lot 6. Lot 6 is the largest substandard back lot, I believe on Birchwood Shore Second Addition, with nothing on it. August 5, 2010 meeting - Sara Klostriech was also present at the hearing. The audience was polled with Darwin Krause seeking clarification/information regarding the applicant’s variance request. Also, an additional individual spoke regarding the need for a survey to determine both the lot line and the location of an existing garage. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and carried with Thomas Lee abstaining, to table, with the applicant’s verbal permission, the hearing on this variance application until the September 2, 2010 Board of Adjustment meeting to provide the applicant with an opportunity to have the property surveyed and to consider possible other alternatives. September 2, 2010 meeting - Prior to the public hearing the applicant submitted an email requesting that his hearing be tabled until the October meeting of the Board of Adjustment. With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:10 p.m. Preparedly: 1.0/ Wayne/Stein, Secretary The minutes were mailed on Friday, September 3, 2010 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting. OTC Board of Commissioners’ Minutes August 17, 2010 Page 3 The taxable items will be run through payroll, with the appropriate federal and state tax withholding applied. Taxable items may not be purchased with county credit cards or charged to the county. Taxable items must be purchased at the employee's initial expense, with the authorized expenses being reimbursed. Effective January 1,2011 the Sheriff’s Uniform Policy is amended to exclude all the items identified as taxable. 1. 2. 3. 4. Adopted August 17, 2010 Chair, Otter Tail County Board of Commissioners Planning Commission Recommendations Conditional Use Permit - Robert & Laurel Ritter: Motion by Huebsch, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to replace existing and failing retaining walls on the property with conditions as recommended by the Planning Commission. The property is described as Pt GL 4, Section 11, Eagle Lake Township; Eagle Lake (56-253), GD. Conditional Use Permit - Woodland Beach Resort Association: Motion by Froemming, second by Rogness, and unanimously carried to approve a Conditional Use Permit to replace a cabin with conditions as recommended by the Planning Commission. The property is described as Pt GL 3, Section 2 of Everts Township; Otter Tail Lake (56-242), GD. Conditional Use Permit - Wayne & Pena Johnson: Motion by Huebsch, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to operate a septic and excavation business with a condition as recommended by the Pianning Commission. The property is described as SEV4 SWV4 ex RR ex W 70 rods of S 1 rod (39.10 AC), Section 4 of Erhards Grove Township; Unnamed Lake (56-893), NE. Conditional Use Permit - Charles & Barb Hanson: Motion by Erickson, second by Huebsch, and unanimously carried to approve a Conditional Use Permit to construct a driveway and level area for future building site as presented. The property is described as Pt of GL 3 & 4 (14.89 AC), Section 2 of Dora Township; Loon Lake (56-523), RD. Conditional Use Permit - Marlin R & Phyllis A Via: Motion by Lindquist, second by Erickson, and unanimously carried to approve a Conditional Use Permit for an after-the-fact request to add an addition to the house and earthmoving for landscaping purposes with a condition as recommended by the Planning Commission. The property is described as Anderson Bch 1st Addn - Dane Pr pr Lot 2 BIk 1 & und 1/6 int in Res 1, Section 9 of Dane Prairie Township; Wall Lake (56-658), GD. Conditional Use Permit - Edna Township: Motion by Huebsch, second by Erickson, and unanimously carried to approve a Conditional Use Permit for an after-the-fact request for a road improvement project on West Little McDonald Drive within the Plat of Hill View Estates. The approval includes a condition as recommended by the Planning Commission. The project is located in the Platted Road corridor of West Little McDonald Drive within the Plat of Hill View Estates from N Little McDonald Dr. to the Lot 12/13 line at 44780 driveway. Sections 4 & 9 of Edna Township; Kerbs Lake (56-1636), NE & Little McDonald Lake (56-328), GD. otter Tail County, Planning Commission August 11,2010, Page 2 Woodland Beach Resort Association - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): We plan to remove the existing 20’ x 20’ single story cabin (#9) in its entirety and replace it with a 20’ x 30’ cabin with a 6’ loft over a 20’ x 20’ section. The structure would be placed on the precise footprint of the existing cabin with the additional 10’ going to the south (towards HWY). The cabin will be between 15’ to 18’ high to the peak instead of the 8’ flat roof building. Currently 44 units - will remain as 44 units. The property is described as Pt GL 3, Section 2 of Everts Township; Otter Tail Lake (56- 242), GD. Terry Yokom and Myron Tschakert represented the Application. Motion: A motion by Wilson, second by Kinzier to approve as presented, provided: 1. The septic system is approved by the Otter Tail Water Management District. 2. The Board of Adjustment approves a variance for the substandard setback to the lotine. Note: This approval does not include a deck, but does allow for a patio. Voting: All members in favor. Bruce Krause %Karleen Krause - Tabled To September 8, 2010: A Conditional Use Permit Application (as stated by the Applicant on the Application): Homeowner wants to cut dirt out to make a walkout basement. Cut will be 4’ deep x 20’ long and 15’ towards lake. Backfill from house to township road right-of-way: backfill will be 3’ 6” at foundation of house to 0’ at right-of-way. Also sloping around corner of house 5’. Parking area on south side of lot - 30’ x 25’ X 3’. Total cubic yards for project = 147 c.yd. The property is described as Heilberger Lake Estates Lot 43, Section 10 of Friberg Township: Heilberger Lake (56-695), RD. Dave Johnson (builder), Rick Leitch (excavator), & Karleen Krause represented the Application. Motion: A motion by Boyer, second by Maske to table (at the Applicant’s request) to September 8, 2010 to allow the Applicant time to stake the project area, staking must be done no later than August 25, 2010. Voting: All members in favor, except Schwartz (the Applicant had staked the project and the stakes had been removed). Wayne & Pena Johnson - Approved With A Condition: A Conditional Use Permit Application (as stated by the Applicant on the Application): Operate a Septic and Excavation Business out of our home including but not limited to outside storage of materials and equipment and a business office within our home. No signs. Hours of operation - 24/7. This is an After-The-Fact Request. The property is described as SE1/4 SW1/4 ex RR ex W 70 rods of S 1 rod (39.10 AC), Section 4 of Erhards Grove Township: Unnamed Lake (56-893), NE. Wayne & Dena Johnson represented the Application. Motion: A motion by Maske, second by Wilson to approve as presented, with the condition that the berm adjacent to the wildlife area (picture submitted at this meeting) remains onsite. Voting: All members in favor, except Zimmerman. Break: At 7:24 P.M., the Commission took a 6 minute break. . r j C:\Genera! CADD B\GXD\jeremy computer\TERRYCABIN.gxd — 07/15/2010 - 05:01 PM -■ Scale 1 :96v s5 95in¥£X->(-r>- «OQa z uio2R-Q.Q D j: Jsi1“^ 831Z 9 <iTi •sj ik ii._j Q_dtncr§o (£>O _JLi_LEFT ELEVATION 3_l P.Ld ¥In>mLd =■JlLlin|8|cr i‘l3LdliiQ_ ll's;CL iH3 2; o o Ld z<Q Q < ^ O' s \ ?sgSIjj _1-I CD QC ^ 5: z uj a ~ 3 z Z i=! 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