HomeMy WebLinkAbout03000110077001_Variances_10-06-2005985776 JOONTY RECORDEROFFICE
OTTER TAIL MINNESOTA
I hereby certify that 9 577 6
this instrument #-----------------—
was fiied/recorded in this office for record on the_Xl—day of
r\o ¥ 2005
, r^ordinq feyby:
weil certificate
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
^3dO C6Application Fee
Receipt Number i 3^ M i ^______
Accepted By / Ql fi. \0S
DAYTIME PHONE Sk>0'
COMPLETE THIS APPLICATION IN BLACK INK
PROPERTY OWNER KflRL ftLL&K}
MAILING ADDRESS ^QOl NU3 I ATH A\)C i/ft-MG.OU\J£R WA
LAKE NUMBER LAKE NAME P I H LAKE CLASS N £
II /33 RANGE__4^__T0WNSHIP NAME R-LLR t^^L.TOWNSHIPSECTION
PARCEL ^ ^NUMBER G'^OCiO \\ OOin OOP E-911
ADDRESS ^Ip52/\ P6t/0T
LEGAL DESCRIPTION
ex TR»
14*40 (Xc.ref>
TYPE OF VARIANCE REQUESTED (Please Check)
X ClusterStructure Size Sewage System SubdivisionStructure Setback Misc.
SPECIFY VARIANCE REQUESTED
A Variance request to subdivide a tract of land, identified as Parcel #3, that is less
than the required 5-acre minimum for a Metes 8s Bounds Tract. The Variance is
requested in order to correct the recorded title for this tract that has been occupied
by the Nilsons since 1970.
^ Variance request to create a Metes 86 Bounds tract of 1.55 acres from an existing
14.33-acre parcel. The proposed tract would be less than the required 5
minimum for a Metes 86 Bounds Tract.
1.
2.
-acre
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHE^ERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT>REGARDING THIS MATTER.
9-Z'<ys■r ^ CtJ^eX'
DATESIGNATURE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing)
/O ■TimeDate Of Hearing
Motion
Karl and Allen Bjergo - Approved the variance as requested with a condition. (7:55 p.m.)
After consideration and discussion, Cecil Femling made a motion, second by Steve Schierer and carried with Paul
Larson voting no, to approve the variance as requested with the condition that there can be no further subdivision of
the remaining property owned by Karl and Allen Bjergo as stated in the letter submitted by Allen Bjergo.
Chairman/Otter Tail bounty Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
X No
^ IDllpk^
LR Official/Datfe •
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0903-001
315,694 • Victor Lundeen Co., Printers • Fergus Falls, Minnesota
October 6,2005
Page #3
Karr and Allen Bjergo - Approved the variance as requested with a condition. (7:55 p.m.)
Karl and Allen Bjergo, part of the Northwest Quarter of the Northwest Quarter, Section 11 of Aurdal
Township by Fish Lake, requested the following; 1.) to subdivide by metes and bounds description a parcel
of less than 5 acres (approximately .45 acres), identified-as Parcel No. 3 on the drawing submitted with the
variance application, from an existing 14.4 acre parcel. This variance is requested in order to provide a
recorded description that will match the, property that has been occupied by the Nilson family since 1970.
The property in which the Nilson's have a recorded interest is not the property which they have been
occupying and if this request is approved deeds of conveyance will be exchanged between the Bjergo and .
Nilson, and 2.) a variance to subdivide by metes and bounds description a 1.55 acre parcel from an
existing 14.33 acre parcel (tax parcel 14.4 acres) as a separate residential buildable lot. Bruce Nilson
represented the applicants at the. public hearing. The audience was pplled with no one speaking for or
against the variance as requested. A letter from Allen.Bjergo in support of the application was read for the
record. After consideration and discussion, Cecil Femling made a motion, second by Steve Schierer and
carried with Paul Larson voting no, to approve the variance as requested with the condition that there can
be no further subdivision of the remaining property;owned by Karl and Allen Bjergo as stated in the letter
submitted by Allen Bjergo.
Michael and Janeen Van Valkenburg - Approved the variance as requested. (8:08 p.m.)
Michael and Janeen Van Valkenburg, Lot 7 Riverview Lane, Otter Tail River in Aurdal Township, requested
a variance of 49' from the required ordinary high water level setback of 100’ for the placement of a
■ structure (26’ by 34’ addition) 51’ from the 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
made a motion, second by Cecil Femling and unanimously carried, to approve a variance of 49’ from the
required ordinary high water level setback of 100'Tor the placement of a structure (26’ by 34’ addition) 51 ’
from the ordinary high waterlevel. Hardship is the terrain of the applicants’ property.
Robert J and Jo Fedje Keller - Approved the variance as requested. (8:10 p.m.)
Robert J and Jo Fedje Keller, part of .Government Lot 3, Section 1 of Dora Township by Lake Sybil,
requested a variance of 39’ from the required ordinary high water level setback of 100’ for the placement of
a 24' by 26’ garage 6T from the ordinary high water level. The audience was polled with no one speaking ■
for or against the variance as requested. After consideration and discussion, Paul Larson made a motion,
second by Steve Schierer and unanimously carried, to approve a variance of 39’ from the required ordinary
high water level setback of 100' for the placement, of a 24’ by 26’ garage 6T from the ordinary high water
level.. The proposed development will not restrict or o.bstruct the view from the adjacent properties.
Hardship is the terrain of the applicants’property.
Steven L and Jan L Kirchner-Denied. (8:12 p.m.)
Steven L and Jan L Kirchner, Lot 11 Weston’s 1st Addition to Fernecliffe, West Battle Lake in Girard
Township requested a variance of 13% (25% to 38%) on a substandard size lot to allow the paver
walkways and patios to remain as they currently exist. The audience was polled with no one speaking for
or against the variance as requested. Letters from Benjamin F Garmer III and Elizabeth S. K. Garmer
expressing concerns with the applicants’ request were read for the record. A letter from Marjorie Gibson in
opposition to the variance as requested was read for the record. A confidential email communication
expressing concerns with the variance as requested was read for the record. After consideration and
discussion, Cecil Feitiling made a motion, second by Steve Schierer and unanimously carried, to deny the
variance as requested as no adequate hardship unique to the property had been shown that would allow
for the granting of the .variance as requested.
October k 2005
Page # 3
Karl and Allen Bjergo- Approved the variance as requested with a condition. (7:55 p.m.)
Karl and Allen Bjergo, part of the Northwest Quarter of the Northwest Quarter, Section 11 of Aurdal
Township by Fish Lake, requested the following: 1.) to subdivide by metes and bounds description a parcel
of less than 5 acres (approximately .45 acres), identified as Parcel No. 3 on the drawing submitted with the
variance application, from an existing 14.4 acre parcel. This variance is requested in order to provide a
recorded description that will match the property that has been occupied by the Nilson family since 1970.
The property in which the Nilson's have a recorded interest is not the property which they have been
occupying and if this request is approved deeds of conveyance will be exchanged between the Bjergo and
Nilson, and 2.) a variance to subdivide by metes and bounds description a 1,55 acre parcel from an
existing 14.33 acre parcel (tax parcel 14.4 acres) as a separate residential buildable lot. Bruce Nilson
represented the applicants at the public hearing. The audience was polled with no one speaking for or
against the variance as requested. A letter from Allen Bjergo in support of the application was read for the
record. After consideration and discussion, Cecil Femling made a motion, second by Steve Schierer and
carried with Paul Larson voting no, to approve the variance as requested with the condition that there can
be no further subdivision of the remaining property owned by Karl and Allen Bjergo as stated in the letter
submitted by Allen Bjergo.
Michael and Janeen Van Valkenburg - Approved the variance as requested. (8:08 p.m.)
Michael and Janeen Van Valkenburg, Lot 7 Riverview Lane, Otter Tail River in Aurdal Township, requested
a variance of 49' from the required ordinary high water level setback of 100’ for the placement of a
structure (26’ by 34’ addition) 5T from the 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
made a motion, second by Cecil Femling and unanimously carried, to approve a variance of 49’.from the
required ordinary high water level setback of 100’ for the placement of a structure (26’ by 34’ addition) 5T
from the ordinary high water level. Hardship is the terrain of the applicants’ property.
Robert J and Jo Fedje Keller- Approved the variance as requested. (8:10 p.m.)
Robert J and Jo Fedje Keller, part of Government Lot 3, Section 1 of Dora Township by Lake S^^il,
requested a variance of 39' from the required ordinary high water level setback of 100’ for the placement of
a 24’ by 26’ garage 6T from the ordinary high water level. The audience was polled with no one speaking
for or against the variance as requested. After consideration and discussion, Paul Larson made a motion,
second by Steve Schierer and unanimously carried, to approve a variance of 39’ from the required ordinary
high water level setback of 100’ for the placement of a 24’ by 26’ garage 6T from the ordinary high water
level. The proposed development will not restrict or obstruct the view from the adjacent properties.
Hardship is the terrain of the applicants’ property.
4Steven L and Jan L Kirchner - Denied. (8:12 p.m.)
Steven L and Jan L Kirchner, Lot 11 Weston’s 1st Addition to Fernecliffe, West Battle Lake in Girard
Township requested a variance of 13% (25% to 38%) on a substandard size lot to allow the paver
walkways and patios to remain as they currently exist. The audience was polled with no one speaking for
or against the variance as requested. Letters from Benjamin F Garmer ill and Elizabeth S. K. Garmer
expressing concerns with the applicants' request were read for the record. A letter from Marjorie Gibson in
opposition to the variance as requested was read for the record. A confidential email communication
expressing concerns with the variance as requested was read for the record. After consideration and
discussion, Cecil Femling made a motion, second by Steve Schierer and unanimously carried, to deny the
variance as requested as no adequate hardship unique to the property had been shown that would allow
for the granting of the variance as requested.
829 Weber Butte Trail
Corvallis, MT 59828
30 September 2005
Wayne Stein
Board of Adjustment Secretary
Ottertail County
510 Fir Ave W
Fergus Falls, Minnesota 56537
TO: Wayne Stein
While the application appears to have all relevant information, this is a letter of
explanation in support of our request for variance, since neither Karl Bjergo, nor I,
can be present for the hearing regarding the land at 26589 Fish Point Rd in Aurdal
Township. You may provide it to the Board members, if there is a need.
The land in question has been in our family since the 1920’s and the original
subdivision plat was assumed to be valid since 1923.
RE: 1. The building on the lot, which needs adjustment, has existed for over 80
years and w as transferred by my mother, Alice Bjergo, to Bruce Nilson, with full
faith that the description was accurate. This variance will correct an incorrect
description and safeguard the ownership and improvements by Bruce Nilson since
1970.
RE: 2 Karl and I wish to convey the 1.55 acre parcel to Bret Nilson at no cost, in
recognition of years of assistance to Alice Bjergo by the Nilson family. If the
variance is granted, no further subdivision of the total 14.40 acre property will be
requested, since it is the wish of both families that the remainder will be left intact,
by deed restrictions, subject only to appropriate management of the timber and
shoreline. The topography, drainage and plans for the 1.55 site will assure that there
will not be any degradation, in compliance with any shoreline management rules.
You may contact me at any time at (406) 961-4538, if there are questions.
/s/ Allen Bjergo
Allen Bjergo
SCALE; I ln.cK = lOO feet
Certificate of Survey ofL EGEND
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THE ERNEST E. JOHNSON PLAT OF THE BJORGO PROPERTY:
A part of the NW 1/4 of the NW 1/4 of Section 11,
T133N, R42W of the Fifth P.M.
Aurdal Township, Otter Tail Co. Minnesota
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SHEET I of 3
SURVEY NO : 200 4 0 76