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OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA1044740
I hereby certify that
this instrument #_
was filed/recorded iftthis office
for rectSrd on the___j
% !;1044740
day of__ tlT-fO ^inmm2008 at
hv: \ \ ).
ecording fee ^ well certificat
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 ^3'lC)'00_____
IMlol—
DAYTIME PHONE 2(S''l ?/- 9 7 2, 9
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
fScxf'fdtn ^ -Aci^C>PROPERTY OWNER
MAILING ADDRESS /0> ^ ^
tM /a m/a/O/^LAKE NUMBER LAKE NAME LAKE CLASS
SECTION \1 TOWNSHIP I S RANGE 04Z TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS0ZOO(^ \-l(3 W~1 dC>^_
LEGAL DESCRIPTIONPT ^4 /Ju) '4f PY ^ BG. Y/47/^ <Vd7.VC
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TYPE OF VARIANCE REQUESTED (Please Check)
Subdivision X* ClusterStructure Setback Structure Size Sewage System Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION. cv. <xcre, \irv,:L
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1 UNDERSTAND THAT 1 HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
1 ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
Kr-
tr
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)
7 >i>vt li«, ,4. J
TimeDate Of Hearing
<^:J‘1/^/r7
Motion
Dalton D. and Rose M. Jose - Approved the proposed subdivision as depicted on revised drawing with a condition.
(9:37 p.m.)
September 4, 2008 meeting -After discussion and consideration, Steve Schierer made a motion, second by Randall Mann and
carried with Paul Larson and Michael Harris voting no, to approve the proposed metes and bounds subdivision creating two
parcels of less then 2.5 acres as depicted on the drawing submitted at the September 4, 2008 meeting with the condition that a
registered surveyor’s drawing must be provided at the time of conveyance. The Board noted that the applicants are doing there
best to clean up an area that another developer had started and then abandoned.
Chairman/Otter TailxTounty Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
uCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR
fal/Date
bk 0407-001
329,512 - Vidor Lundeen Company, Fergus Falls. Minnesoia
. I
EXHIBIT A
PARCEL "A"
That part of the SW 1/4 of the NW 1/4, and that part of the NW 1/4 of the SW 1/4, all of Section
17, Township 133 North, Range 42 West of the Fifth Principal Meridian, Otter Tail County,
Minnesota described as follows:
Beginning at the West Quarter Comer of said Section 17; thence North 00 degrees 00 minutes 02
seconds East, assumed bearing along the west line of said Section, 414.71 feet; thence South 89
degrees 29 minutes 04 seconds East 407,46 feet to the northwesterly right-of-way line of County
State Aid Highway No, 1; thence South 39 degrees 31 minutes 33 seconds West along said
northwesterly right-of-way line, 241.87 feet; thence southwesterly, along said northwesterly right-
of-way iine and along a tangential curve concave to the southeast, radius of 1507.39 feet, central
angle of 19 degrees 29 minutes 52 seconds, 512.97 feet to the west line of Section 17; thence
North 00 degrees 00 minutes 02 seconds East on and along said west line, 218.61 feet to the
point of beginning.
The above described tract is subject to an existing public roadway easement over the West 33.00
feet thereof. Also being subject to a 66.00 foot wide Township Roadway easement over that part
of the NW 1/4 of the SW 1/4 of said Section 17. The center line of said roadway easement Is
described as follows:
Beginning at the West Quarter Comer of said Section 17; thence South 00 degrees 00 minutes 02
seconds West, assumed bearing along the West line of said Section 17 a distance of 91.38 feet;
thence southeasterly, along a tangential curve concave to the east, radius of 100.00 feet, central
angle of 40 degrees 41 minutes 30 seconds, 71.02 feet to the northwesterly right-of-way line of
said County State Aid Highway No, 1 and there terminating.
PARCEL "B"
That part of the SW 1/4 of the NW 1/4, of Section 17, Township 133 North, Range 42 West of the
Fifth Principal Meridian, Otter Tail County, Minnesota described as follows: Commencing at the
West Quarter Corner of said Section 17; thence North 00 degrees 00 minutes 02 seconds East,
assumed bearing along the west line of said Section, 414.71 feet to the point of beginning of the
land to be described; thence continuing North 00 degrees 00 minutes 02 seconds East, along said
west line, 224.42 feet; thence South 89 degrees 29 minutes 04 seconds East 506.50 feet; thence
South 17 degrees 33 minutes 36 seconds East 78.46 feet, to the northwesterly right-of-way line of
County State Aid Highway No. 1: thence South 39 degrees 31 minutes 33 seconds West along
said northwesterly right-of-way line, 192.80 feet to a line bearing South 89 degrees 29 minutes 04
seconds East from the point of beginning; thence North 89 degrees 29 minutes 04 seconds West
407.46 feet to the point of beginning.D30D!)n O\V\0O3
The above described tract is subject to an existing public roadway easement over the West 33.00
feet thereof (Township Road).
PARCEL "D"
That part of the SW 1/4 of the NW 1/4 of Section 17, Township 133 North, Range 42 West of the
Fifth Principal Meridian, Otter Tail County, Minnesota described as follows:
Commencing at the West Quarter Corner of said Section 17; thence North 00 degrees 00 minutes
02 seconds East, assumed bearing along the west line of said Section, 870.99 feet to the point of
beginning of the land to be described; thence continuing North 00 degrees 00 minutes 02 seconds
East, along said west line, 390.71 feet; thence South 89 degrees 29 minutes 04 seconds East
o^otxj n
fc.
X
September 4, 2008
• Page 6 ■
Jason Tester - Tabled
Jason Tester, Lot 15 and part of Lot 16 Bowery Beach, Pelican Lake in Dunn Township, requested the following:
Requesting general building line setback from ordinary high water level. Lot is to shallow to move back behind the
shore impact zone of 37’ 6”, Setback will be approximately 25’ behind the ordinary high water level. The audience
was polled with no one speaking for or’against the variance as requested. June 5, 2008 meeting - Andrea and Jody
Arneson appeared with the applicant at the public hearing. A letter from Eulyn M. Feist opposing the variance as
requested was read for the record. Also, an unsigned letter was noted for the record, but was not read as the
contents did not provide any significant information for the decision making process. After consideration and
discussion, Randall Mann made a motion, second by Steve Schierer and carried with Paul Larson and Carl Zick
voting no, to deny the variance as requested as there are other options available that would keep the proposed
structure out of the shore impact zone and the development as proposed, which does not depict a driveway or parking
area, will result in impervious surface coverage greater than the allowable 25%. After additional discussion, Randall
Mann made a motion, second by Steve Schierer and unanimously carried, to rescind and withdraw the previous
motion to deny. After additional discussion and consideration, Randall Mann made a motion, second by Michael
Harris and unanimously carried, to table with the verbal permission of the applicant, this variance application hearing
until the next scheduled meeting of the; Board of Adjustment to provide the applicant with an opportunity to consider
other alternatives, to review the driveway/parking area requirements with the Land and Resource Department and to
determine what impact those requirements will have on the impervious surface calculation. July 3, 2008 meeting - It
was noted on July 3, 2008 the secretary of the Board received a fax from the applicant requesting that his hearing be
tabled until the August 7, 2008 meeting. August 7, 2008 meeting - Prior to the August 7, 2008 meeting the applicant
had submit a letter requesting that his application be tabled until the September 4, 2008 meeting of the Board of
Adjustment. After consideration, Randall Mann made a motion, second by Robert Schwartz and unanimously carried,
to table, based upon the applicant’s written request, this hearing until the September 4, 2008 meeting. September 4,
2008 meeting - Prior to the September 4, 2008 meeting the applicant had submit a letter requesting that his
application be tabled until the October 2, 2008 meeting of the Board of Adjustment. After consideration, Randall
Mann made a motion, second by Paul Larson and unanimously carried, to table, based upon the applicant’s written
request, this hearing until the October 2, 2008 meeting.
Dalton D. and Rose M. Jose - Approved the proposed subdivision as depicted on revised drawing with a
condition. (9:37 p.m.)
Dalton D. and Rose M. Jose, part of the Southwest Quarter of the Northwest Quarter and part of the Northwest
Quarter of the Southwest Quarter, Section 17 of Aurdal Township, requested a variance from 2.5 acre limit. Parcel
currently has a twin home constructed on the property. Request is to split existing parcel so each home has its own
parcel identification number. New parcel would be approximately 75’ frontage on 230"" Ave to the west and
approximately 125' frontage on County Road 1 to the east. This will create a separate parcel of approximately 29,000
square feet. Remaining parcel would leave approximately 82,000 square feet. Request variance to lot line setback to
allow septic tanks to be adjacent to property line and shared drain field to cross property line. Tanks and drain field
are installed at present. The audience was polled with Audrey Sletten asking questions about the proposed
development and with Bud Pierce, Aurdal Town Board Chair describing the actions previously taken by the township.
A letter from William Davis, Aurdal Township Clerk, in support of the variance as requested was read for the record.
After consideration, Randall Mann, with the verbal permission of the applicants, made a motion, second by Steve
Schierer and unanimously carried, to table this public hearing until the September 4'*^, 2008 meeting to allow the
members of the Board of Adjustment an opportunity to do additional research and to give additional consideration to
the applicants’ request now that they fully understand the circumstances surrounding the development and the
applicants’ request. September 4, 2008 meeting - Audrey Sletten addressed the Board with her concerns. After
discussion and consideration, Steve Schierer made a motion, second by Randall Mann and carried with Paul Larson
and Michael Harris voting no, to approve the proposed metes and bounds subdivision creating two parcels of less
then 2.5 acres as depicted on the drawing submitted at the September 4, 2008 meeting with the condition that a
registered surveyor’s drawing must be provided at the time of conveyance. The Board noted that the applicants are
doing there best to clean up an area that another developer had started and then abandoned.
With no further business, Randall Mann, Chairman declared the meeting adjourned at 9:50 p.m.
Prepared by:Wayn^^ein, Secretary
The minutes were mailed on Monday, September 8, 2008 to the Otter Tail County Board of Adjustment. Official
action regarding these minutes will be taken by the Board of Adjustrnent at theinexLscheduled meeting.
^ I f \D^ •
MINUTES OF THE MEETING
OF THE
OTTER TAIL COUNTY BOARD OF ADJUSTMENT
Thursday, August 7, 2008
The Otter Tail County Board of Adjustment met Thursday, August 7, 2008, with the following persons in attendance:
*Paul Larson
Robert Schwartz
Randall Mann
Carl Zick
Michael Harris
Steve Schierer
Chris Stuber, Assistant County Attorney
Kyle Westergard, Land and Resource Management
*Paul Larson excused himself after the first hour of applications for personal reasons.
Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m.
Minutes Approved - The Board of Adjustment approved the minutes of the July 3, 2008 meeting as mailed.
The Board of Adjustment considered the following applications for variance:
Dalton D. and Rose M. Jose - Tabled. (6:35 p.m.)
Dalton D. and Rose M. Jose, part of the Southwest Quarter of the Northwest Quarter and part of the Northwest
Quarter of the Southwest Quarter, Section 17 of Aurdal Township, requested a variance from 2.5 acre limit. Parcel
currently has a twin home constructed on the property. Request is to split existing parcel so each home has its own parcel identification number. New parcel would be approximately 75’ frontage on 230'^ Ave to the west and
approximately 125’ frontage on County Road 1 to the east. This will create a separate parcel of approximately 29,000
square feet. Remaining parcel would leave approximately 82,000 square feet. Request variance to lot line setback to
allow septic tanks to be adjacent to property line and shared drain field to cross property line. Tanks and drain field
are installed at present. The audience was polled with Audrey Sletten asking questions about the proposed
development and with Bud Pierce, Aurdal Town Board Chair describing the actions previously taken by the township.
A letter from William Davis, Aurdal Township Clerk, in support of the variance as requested was read for the record.
After consideration, Randall Mann, with the verbal permission of the applicants, made a motion, second by Steve
Schierer and unanimously carried, to table this public hearing until the September 4*^, 2008 meeting to allow the
members of the Board of Adjustment an opportunity to do additional research and to give additional consideration to
the applicants’ request now that they fully understand the circumstances surrounding the development and the
applicants’ request.
Joseph A. and Lily D. Rumpca - Approved the application as requested. (6:55 p.m.)
Joseph A. and Lily D. Rumpca, Lot 6 Block 3 of Pischke and Taylor Addition, Spitzer Lake in Leaf Mountain Township,
requested a variance of approximately 152’ from the required ordinary high water level setback of 200’ for the
placement of a 24’ by 44’ dwelling 48’ from the ordinary high water level at the dwelling closest point. The audience
was polled with no one speaking for or against the variance as requested. After consideration, Paul Larson made a
motion, second by Steve Schierer and unanimously carried, to approve a variance of 152’ from the required ordinary
high water level setback of 200’ for the placement of a 24’ by 44’ dwelling 48’ from the ordinary high level as depicted
on the drawing submitted with the variance application. It was noted that the proposed development will be in line
with the lake side wall of the existing garage. It was also noted that the variance as granted does not directly or
indirectly grant any other variances for the proposed development. Hardship is a substandard lot of record.
Joan Hendrickson - Denied. (7:02 p.m.)■ ' '-1
Joan Hendrickson, Lots 1 and 2 of Cousins Beach, West McDonald Lake in Dora Township requested a variance of
20’ from the required road fright-of-way setback of 20’ for the placement of a three-stall garage (950 square feet) 0’
from the road right-of-way, 10' from the lot line and 25’ from Happy Drive road. Mike Frank, Contractor, appeared with
the applicant at the public hearing. The audience was polled with no one speaking for or against the variance as
requested. After consideration, Steve Schierer made a motion, second by Michael Harris and carried with Robert
Schwartz voting no, to deny the variance as requested as no adequate practical difficulty/hardship had been shown
that would allow for the grating of the variance as requested, the granting of the variance as requested would
establish precedence and there is adequate room on the applicant’s property to place the proposed structure in a
location that does not require the granting of a variance, in addition, the Board of Adjustment noted that following; 1.)
the applicant's request is a substantial variation from the requirements (20’ to O’), 2.) the granting of the request might
have an adverse effect on government services, 3.) the proposed development would substantially change the
character of the neighborhood, and 4.) there is another feasible method which would alleviate the need for a variance
because there is adequate room on the property to place the proposed development 20’ from the road right-of-way.
1034711
No delinquent taxes and transfer entered; Certificate
Real Estate Value ( 7") filed (| ) not requli;edy
Certificate of Real Estate Value No---------
Wayne Stein, County Auditor
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that .
this Instrument #___
filed/recorded In this office
ecbrd on the_J(£_day ofv 2008atltjg^nV
HL34211
wasforRSkUtiH «n(Year)
M2SSS,L;We
recording fee
________well certificate4)by:
by Deputy
mj
WARRANTY DEED
OT081060
State Deed Tax Due Hereon; $396.00
Date: - 08>
COUNTY OF OTTER TAIL
FOR VALUABLE CONSIDERATION, American Bank of^ Paul, as Grantor, does hereby
warrant and convey to Dalton D. Jose, a married person, as Grantee, the real property in Otter
Tail County, Minnesota described as follows:
OAT
SEE ATTACHED “EXHIBIT “A”
ITogether with all hereditaments and appurtenances belonging thereto, subject to any restrictions,
reservations and/or covenants, etc. as may appear of record.
Check Applicable Box: ■ J
The Seller certifies that the seller does not know of any wells on the described real property.
__A well disclosure certificate accompanies this document.
___I am familiar with the property described in this instrument and 1 certify that the status, and
number of wells on the described real property have not changed since the last previously filed
well disclosure certificate.?
;
American Bank of St. Paul
ij ; Vrci'. i - S J*
;
;
r.
:
STATE OF )
)SS
COUNTY OF /('<r<^uu^ )
n The foregoing instrument was acknowledged before me this /^^'^ay
, 2008, by American Bank oTSt. Paid, personally appeared before
me. __________, UidJ. as Grantor.
Name Title
Notary Public SUSAN SCHELER
NOTARY PUBLIC MINNESOTA
MY COMMISSION
EXPIRES JAN. 31 2010
This instrument was drafted by;
First Minnesota Title & Abstract LLC
101 E. Lincoln Ave
P.O. Box 637
Fergus Falls, MN 56538-0637
Statements for real estate taxes on the
Property described herein should be sent;
Dalton D. Jose
16332 155“’ St.
Fergus Falls, MN 56537
^SCA^«i[D
—.t
EXHIBIT A
i
PARCEL ”A"
That part of the SW 1/4 of the NW 1/4, and that part of the NW 1/4 of the SW 1/4, all of Section
17, Township 133 North, Range 42 West of the Fifth Principal Meridian, Otter Tail County,
Minnesota described as follows:
Beginning at the West ^Quarter Comer of said Section 17; thence North 00 degrees 00 minutes 02
seconds East, assumed bearing along the west line of said Section,.414.71 feet; thence South 89
degrees 29 minutes 04 seconds East 407.46 feel to the northwesterly right-of-way line of County
State Aid Highway No.i 1; thence South 39 degrees 31 minutes 33 seconds West along said
northwesterly right-of-way line, 241.87 feet; thence southwesterly, along said northwesterly right-
of-way line and along a tangential curve concave to the southeast, radius of 1507.39 feet, central
angle of 19 degrees 29 minutes 52 seconds, 512.97 feet to the west line of Section 17; thence
North 00 degrees 00 minutes 02 seconds East on and along said west line, 218.61 feet to the
point of beginning. t
The above described tract is subject to an existing public roadway easement over the West 33.00
feet thereof. Also being subject to a 66.00 foot wide Township Roadway easement over that part
of the NW i/4 of the SW 1/4 of said Section 17. The center line of said roadway easement is
described as follows:
Beginning at the West Quarter Corner of said Section 17; thence South 00 degrees 00 minutes 02
seconds West, assumed bearing along the West line of said Section 17 a distance of 91.38 feet;
thence southeasterly, along a tangential curve concave to the east, radius of 100.00 feet, central
angle of 40 degrees 411 minutes 30 seconds, 71.02 feet to the northwesterly right-of-way line of
said County State Aid Highway No. 1 and there terminating.
PARCEL'S''
That part of the SW 1/4 of the NW 1/4, of Section 17, Township 133 North, Range 42 West of the
Fifth Principai Meridian' Otter Tail County, Minnesota described as follows: Commencing at the
West Quarter Corner of said Section 17; thence North 00 degrees 00 minutes 02 seconds East,
assumed bearing along the west line of said Section, 414.71 feet to the point of beginning of the
land to be described; thence continuing North 00 degrees 00 minutes 02 seconds East, along said
west line, 224.42 feet; thence South 89 degrees 29 minutes 04 seconds East 506.50 feet; thence
South 17 degrees 33 minutes 36 seconds East 78.46 feet, to the northwesterly right-of-way line of
County State Aid Highway No. 1; thence South 39 degrees 31 minutes-33 seconds West along
said northwesterly right-of-way line, 192.80 feet to a line bearing South 89 degrees 29 minutes 04
seconds East from theipoint of beginning; thence North 89 degrees 29 minutes 04 seconds West
407.46 feet to the pointiof beginning. D300DIT OlVIpO?
The above described trjact Is subject to an existing public roadway easement over the West 33.00
feet thereof (Township ;Road).
PARCEL "0" !
That part of the SW 1/4 of the NW 1/4 of Section 17, Township 133 North, Range 42 West of the
Fifth Principal Meridian! Otter Tail County, Minnesota described as follows:
Commencing at the West Quarter Corner of said Section 17; thence North 00 degrees 00 minutes
02 seconds East, assumed bearing along the west line of said Section, 870.99 feet to the point of
beginning of the land to be described; thence continuing North 00 degrees 00 minutes 02 seconds
East, along said west line, 390.71 feet; thence South 89 degrees 29 minutes 04 seconds East
o'Joco n awiwS
•'I •
■K
124.55 feet: thence South 38 degrees 05 minutes 01 seconds East 499.92 feet, to a line bearing
South 89 degrees 29 minutes 04 seconds East from the point of beginning; thence North 89
degrees 29 minutes 04 seconds West 432.91 feet to the point of beginning.
The above described tract is subject to an existing public roadway easement over the West 33.00
feet thereof (Township Road).
■
.*
Esfabiished - April 9,1869
County of Otter Tail
Fergus Faljs, Minnesota 56537!•
I if?--i
August 2, 2008:
i
;-
otter Tail County Board of Adjustment
Government Services Center
510 Fir Ave. West
Fergus Falls, MN 56537
1
RE: Dalton & Rose Jose August 7, 2008 Variance Hearing
25620 and 25632 230^*'Ave.1
To Whom It May Concern:
Aurdal Township does not have any exceptions to the variances requested by Dalton & Rose Jose for
the properties located at 25620 and 25632 230**’Avenue.
f
4
Sincerely}
William T. Davis
Aurdal Township Clerk
Dalton & Rose Jose
;i
i
■
•i
Notice of Hearing for Variance’(•
Otter Tail County
Government Services Center
510FirAveW
Fergus Falls, MN 56537
(218)998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.6tter-tail.mn.us
I
Applicant and/or applicant’s representative must be present at the scheduled hearing.
f
To Whom It May Concern;
Dalton D and Rose M Jose
16332 155*’'St
Fergus Falls, MN 56537 ^
, has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinanbe, 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
i
Thursday, August 7, 2008 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 pripr to the date of
the public hearing.
The property concerned in the application is legally described as
' i ' ■ '
part of the S^buthwest Quarter of the Northwest Quarter and
part of the Northwest Quarter of the Southwest Quarter
Property Address - 25620 and 25632 230*’’ Ave
, ! . ' : '
Section 17, Township 133;' Range 42 - Township Name - Aurdal
LakeiNo. 56-NA, Lake Name - NA, Class - NA
The variance requested is -
a variance from 2.5 acre limit. Parcel currently has a twin home constructed on the property. Request is to split
existing parcel so each home has its own parcel identification number. New parcel would be approximately 75’
frontage on 230*'' Ave tp the west and approximately 125’ frontage on County Road 1 to the east. This will create a
separate parcel of approximately 29,000|square feet. Remaining parcel vvould leave approximately 32,000 square
feet. Request variance to lot line setback to allow septic tanks to be adjacent to property line and shared drain field to
. cross property line. Tanks and drain field are installed at present.
Date: July 18, 2008 'Wayne Stein
Board of Adjustment Secretary
.1