HomeMy WebLinkAbout03000300218009_Variances_03-16-2011Variances
2
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DOC# 10910401091040 1091040
Fee: $46.00
Well Certificate [ j Rec'd
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY. MINNESOTA
Certified. Filed, and/or Recorded:
April 20. 2011 Q:15 AM
Wendy L. Metcalf, Recorder
Returned To:
LAND & RESOURCE
By: NDB
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
GOVERNMENT SERVICES CENTER
540 WEST FIR, FERGUS FALLS, MN 56537
(218) 998-8095
Otter Tail County’s Website: www.co.ottertail.mn.us
Application Fee
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
DAYTIME PHONE ^/S'j/ S'^IS'PROPERTY OWNER
MAILING ADDRESS
LAKE CLASSLAKE NUMBER
3 ^^3 /^/r /^5/~
3^SECTION TOWNSHIP RANGE TOWNSHIP NAME
PARCEL
NUMBER
E-911
ADDRESS03 dGo 3/)/)^ !^nri9
LEGAL DESCRIPTION
TYPE OF VARIANCE REQUESTED (Please Check)
t'"’"^^ructure Size
Structure Setback Sewage System Subdivision Cluster Misc.
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
/yjS,
4£5c/'
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 OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARQiWG THIS MATTER.
fNER/AGENT FOR OWNER ,j -2T- //
APPLICANT MUST BE PRESENT AT THE HEARING
PROPE DATE
(Applicant Will Receive Notification As To The DateFTime Of Hearing)
'■ST
Date Of Hearing Time
Motion
O
Grant and Dawn Anderson -Approved the application as requested with a condition. (8:12 p.m.)• V
After consideration and discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a
variance of 40’ from the required road right-of-way setback of 40' for the placement of a billboard structure 0’ from the road right-
of-way subject to the requirements stipulated in the letter from the Otter Tail County'Highway Department and with the condition
that no part of the sign can be within the road right-of-way. The variance as approved provides the applicants with the same rights
and privileges as others in this immediate commercial area.
CfwmanAjfter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
X No
<4// ^/iq/ii
L R Official/Date
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Corrpany, Fergus Falls, Minnesota
"111,
, !•
945566
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__
was filed/recorded in^this office
for rec^d on the day of
200.;^ It lC)'Mb
Wendy,L. Metc^ County
_recording
weii certificate
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( filed ( ) not required.
Certificate of Real Estate Value No.
V6 5con 3
945566
’ (Year)m
Wayne^ein, County Auditor
/ /by.
Deputy
WARRANTY DEED
Corporation or Partnership
to Joint Tenants
V TAHSTATE DEED TAX
DUE HEREON: $346.50
Dated: December 12, 2003.
FOR VALUABLE CONSIDERATION, OTTER-1 PROPERTIES, a Minnesota
General Partnership, Grantor, hereby conveys and warrants to
GRANT ANDERSON and DAWN C. ANDERSON, husband and wife. Grantees,
as joint tenants, real property in Otter Tail County, Minnesota,
described as follows:
That part of the Northeast Quarter of the Southeast
Quarter (NEMSEM) of Section Thirty (30), Township One
Hundred Thirty-three (133), Range Forty-two (42),
described as follows: Commencing at the Northeast
corner of said Section Thirty (30), and thence running
South 3049.20 feet along the section line; and thence
at a 90° angle West 457.60 feet to the point of
beginning of the within described tract; thence West
407.40 feet; thence South 500.00 feet; thence East
150.00 feet; thence North 41°11'00" East 265.70 feet;
thence North 15°22'00" East 311.15 feet to the point of
beginning, containing 3.61 acres.
AND
Part of the East 865.00 feet of the Northeast Quarter
of the Southeast Quarter (NE^SEM) of Section Thirty
(30), Township One Hundred Thirty-three (133), Range
Forty-two (42), described as follows:
point located 466.70 feet North and 715.00 feet West of
the Southeast corner of said Northeast Quarter of the
Southeast Quarter (NE^SEM) of Section Thirty (30),
thence West 150.00 feet; thence South 300.00 feet to
Beginning at a
0^
the highway right of way line, thence easterly along
said right of way line to a point on a line bearing
South from the point of beginning, thence North to the
point of beginning;
together with all hereditaments and appurtenances belonging
thereto, subject to the following exceptions:
restrictions, reservations and covenants of record.easements,
OTTER-1 PROPERTIES
'V
By.
Kent DOM'^attson
Its Pafrtner
)STATE OF MINNESOTA
) ss.
)COUNTY OF OTTER TAIL
The foregoing instrument was acknowledged before me this
12'^^ day of December, 2003, by Kent D. Mattson, as Partner of
Otter-1 Properties, a Minnesota General Partnership, Grantor.
/I
Notary Vup 1Ci
\THE SELLER CERTIFIES THAT SELLER DOES NOT KNOW
OF ANY WELLS ON THE ABOVE-DESCRIBED REAL PROPERTY.
.•:* ■ • •
Tax statements for the real
property described in this
instrument should be sent to:
Grant and Dawn C. Anderson
1712 West Alcott
Fergus Falls, MN 56537
This Instrument Was Drafted By:
PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P.
110 North Mill Street, P.O. Box 866
Fergus Falls, Minnesota
Telephone:
56538-0866
218-736-5493
PSR&K Substitute Form 1099-S
KDM:tlc
2003-7185
2
April 14, 2011
Page # 4
Archie G. Ludwig - Approved Option 2 with property owner agreement/condition. (7:50 p.m.)
Archie G. Ludwig, part of Government Lot 1, Section 34 of Star Lake Township by Dead Lake, requested the
following: Option 1 - propose to remove all existing cabin and replace with a 72’ by 30’ being a two story home with a
30’ by 30’ attached garage. To be in same location as existing dwelling to be 79’ back from the lake.
Option 2 - propose to remove all existing cabin, with move back to 100’ from ordinary high water level (if needed) and
replace with 72’ by 30’ being a two story home with a 30’ by 30’ attached garage to be outside shore impact zone.
The required ordinary high water level setback is 200’. 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 to approve new construction no closer to the ordinary high water level than 120’ with the condition that no
other variance would be granted for the proposed development. After additional discussion and consideration this
motion was withdrawn and Paul Larson, based upon the applicant’s voluntary offer to move the existing garage to a
location which would be at least 100’ from the ordinary high water level, made a motion, which was seconded by
Steve Schierer and unanimously carried, to approve Option 2 as stated in the variance application dated March 7,
2011 with the condition that before any permits for the proposed development can be issued the applicant must
relocated the existing garage as he voluntarily offered to do. The variance as approved does not directly or indirectly
grant any other variances for the proposed development and the variance as approved keeps the proposed
development out of the shore impact area. The hardship/practical difficulty is the terrain of the applicant’s property,
Thomas L and Joanna C Skluzacek - Approved the application as requested with owner
agreement/condition. (8:05 p.m.)
Thomas L and Joanna C Skluzacek, part of Government Lot 1, Section 8 of Dead Lake Township by Dead Lake,
requested a variance of 123’ from the required ordinary high water level setback of 200’ for an addition to an existing
dwelling 77’ 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, based upon the applicants’ voluntary offer
to relocate, on or before September 15, 2011, the existing 16’ by 20’ storage building to a position no closer to the
ordinary high water level than the front of the deck, made a motion, which was seconded by Paul Larson and
unanimously carried, to approved the variance as requested in the application dated March 15, 2011 and as depicted
on the drawing submitted with the application.
Grant and Dawn Anderson -Approved the application as requested with a condition. (8:12 p.m.)
Grant and Dawn Anderson, part of the Northeast Quarter of the Southeast Quarter, Section 30 of Aurdal Township,
requested a variance of 40’ from the required road right-of-way setback of 40’ for the placement of a billboard
structure 0’ from the road right-of-way. Michael Mortenson 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 Charles H. Grotte,
Assistant County Engineer, commenting on the variance as requested was read for the record. An email from Abby
and Terry Harthun in opposition to the variance as requested was read for the record. After consideration and
discussion, Steve Schierer made a motion, second by Thomas Lee and unanimously carried, to approve a variance of
40’ from the required road right-of-way setback of 40’ for the placement of a billboard structure 0’ from the road right-
of-way subject to the requirements stipulated in the letter from the Otter Tail County Highway Department and with the
condition that no part of the sign can be within the road right-of-way. The variance as approved provides the
applicants with the same rights and privileges as others in this immediate commercial area.
Wayne Stein
Abby and Terry Harthun <aharthun@prtel.com>
Wednesday, April 13, 2011 12:57 PM
Wayne Stein
variance meeting
From:
Sent:
To:
Subject:
Since we are unable to attend the meeting regarding variance for Anderson/Mortenson we would like to voice our opinion
as "no". We would rather not have any more billboards much less one closer to the road. Sincerely Terry and Abby
Harthun.
1
Phone 2J8-998-8470
Fax 218-998-8488
Richard West, P.E.
County Engineer
OTTER TAIL COUNTY
HIGHWAY DEPARTMENT
505 S. Court Street, Suite 1, Fergus Falls, MN56537
March 28, 2011
Mr. Wayne Stein
Board of Adjustments Secretary
510 Fir Avenue W
Fergus Falls, MN 56537
RE: Variance for Billboard Structure
CSAH No. 1
3423 Fir Ave East
Dear Wayne:
We have reviewed this request and have the following comments relative to CSAH No. 1:
1. As part of the rational or Justification for the placement of the proposed billboard sign the
applicants refer to other signs along CSAH No. 1 in this general area as being within the 40 foot
setback area. In our review of the area we do not see any signs that appear to be within our
highway right of way, however there are some that appear to be within the 40 foot jurisdiction of
the Land & Resource Management Office that may not be in conformance. The existing signs
should be reviewed for compliance with the 40 foot setback requirement or to ensure they have a
variance on file.
2. If the variance is approved for this sign, it should be on the condition that when CSAH No. 1
needs to be reconstructed or modified at this location, that it will be the responsibility of the
property owner to remove or relocate the sign at their expense if required by the Highway
Department for the future project.
If you have any questions or require additional information on this matter, please feel free to contact
me at any time.
Sincerely,
Otter Tail County Highway Department
f<lCharles H. Grotte, P.E.
Assistant County Engineer
CHG/mk
cc: Richard West, County Engineer
Bill Kalar, Land & Resource Management Office
Grant and Dawn Anderson
Michael Mortenson
File
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510Fir AveW
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
T0 Whom It May Concern:
Grant and Dawn Anderson
21852.20^
Fergus Falls, MN 56537
Michael Mortenson
911 N Vine St.
Fergus Falls, MN 56537
Street
has made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail
County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision Controls
Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, April 14, 2011 at 7:30 p.m.J
in the Commissioners' Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the
public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the
public hearing.
The property concerned in the application is legally described as
part of the Northeast Quarter of Southeast Quarter,
Property Address - 3423 Fir Ave East
Section 30, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is -
a variance of 40’ from the required road right-of-way setback of 40’ for the placement of a billboard structure 0’
from the road right-of-way.
TVtxyw Stein
Board of Adjustment Secretary
Date: March 17,2011
Mortenson PO Box 1001
Wa Fergus Falls, MN 56538-1001
Outdoor Sign Michael Mortenson, Owner
Donna Hauge, Sales
Phone: (218) 205-7052
Sales: (218)205-4098
4
Ottertail County Board of Adjustment
March 15, 2011
Set-Back Ordinance
Variance Request
RE:
Mortenson Outdoor Sign is here on behalf of Grant Anderson of
Fergus Falls, MN. Mr. Anderson is the landowner of the said
property on Ottertail County HWY 1.
variance request is to erect a billboard structure on Mr.
Anderson's property.
property, Mortenson Outdoor Sign will own
structure. Mr. Anderson and I have arranged a lease agreement
for a portion of his land to rent by Mortenson Outdoor Sign.
Mr. Anderson and I are both in agreement of this arrangement
and would like to proceed with a set-back variance on the said
property.
The reason for the
Although, Mr. Anderson owns the said
the billboard
The reason for requesting the variance is to alleviate a
hardship for the landowner and Mortenson Outdoor Sign.
Without a set-back variance, the billboard structure's pole
will be placed 52 feet back from the Right-of-Way line. This
placement will greatly affect the day to day business of Mr.
Anderson's storage facility. The billboard's pole will be in
direct line with the people's right of travel and the openings
to several of his storage units. It would be a hardship for
Mr. Anderson's business and his clients.
Mortenson Outdoor Sign tries to put as little burden on the
landowners that support my company,
appropriate for me to request and pay for the variance for my
sign.
difficult for my business to be conducted with the present
set-back ordinance in place,
structures farther from the
surrounding area.
Therefore, it is
However, from a business standpoint it would be
It would place my billboard
road than others in the
It would be difficult for me to market
« •(»' f'4<,
advertising on this billboard to prospective clients based on
its set-back location.
As a local Ottertail County business serving groups such as
Lakeland Mental Health, Lake Region Healthcare, and the
Ottertail Safe Communities Coalition, I ask that the variance
be approved for this billboard structure.
Michael D. Mortenson
Page 1 of 1OTC Parcel GI^MO Output- NOT a Legal Document
Otter Tail County Parcel GISMO
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SCALE DRAWING FORM II
Tax Parcel Number(s)
The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic
tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface
calculations.
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Impervious Surface Ratio
(Must Complete Worksheet On Other Side)
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BK —0909 ‘33S,S96 ^ Vlctc Lund«en Co. Pnnters • fietgiis ijaJls. bW * 1-S00.34&4S70
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Ft^Structure(s):
Ft2Deck(s):
P■M/>Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s);
afFt2Stairway(s):
X Ft2Retaining Wall(s):
X Ft2Landscaping:
(Piastic Barrier)
Other:Ft2
Ft2TOTAL IMPERVIOUS SURFACE:
Ft2LOT AREA:/
(^, U do .%X100 =^ OOP =
LOT AREA IMPERVIOUS SURFACE RATIOTOTAL IMPERVIOUS SURFACE
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
R2^ Structure(s):
Ft2Deck(s):
Ft2Driveway(s):
Ft2Patio(s):
Ft2Sidewalk(s);
Ft2Stairway(s):
Ft2Retaining Wall(s):
Ft2Landscaping;
(Plastic Barrier)
— Other:Ft2
/6 Ft2TOTAL IMPERVIOUS SURFACE:
TOTAL IMPERVIOUS SURFACE LOT AREA
Ft2LOT AREA:
= 6 •.%X100
IMPERVIOUS SURFACE RATIO
T
Exact picture of one of my structures.
Usually 18 ft to the bottom of the sign.
Leaving plenty of underneath clearance for cars
and trucks.
sight for motorists leaving the variance property.
S
Also this sign will not obstruct the line of
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Accurate view of what no set-back would look
what a 40 ft set-back would look like.
Billboard structure one mile west
of proposed variance site.
Erected directly on RW
Setback would have put them
back by Ugstad building.
;
1
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I
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:Otherside of the same billboard structure
that is on the right of Way.
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I Grant Anderson owner of Stor-n-Lock and property located at
3423 Fir ave. e Fergus F^l give Michael Mortenson ofMortenson Outdoor Sig^ pei^ission to put up a sign at this
location. /// /
7/
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH
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
St-€L^property/project (Tax Parcel #
described in my _______________
dated
Application
-3>//i>///
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).
DATED PROPERTY OWNER
01-03-2011
Mbowman app &forms- waiver 60 day rule ' >
Wayne Stein
From:
Sent:
Chuck Grotte
Tuesday, April 26, 2011 2:37 PM
Wayne Stein; Bill Kalar
Rick West; Mary Kay Mitlyng
Anderson - Mortenson Variance - CSAH 1
CSAH 1 - Anderson Mortenson.pdf; CSAH 1 - Anderson Mortenson.doc
To:
Cc:
Subject:
Attachments:
Wayne & Bill
The attached variance was approved April 14, 2011. It is subject to the requirements of our March 28, 2011 letter, also
attached.
My question is: Who is responsible to ensure they comply with conditions of paragraph 1 of our letter? See below.
1. As part of the rational or justification for the placement of the proposed billboard sign the
applicants refer to other signs along CSAH No. 1 in this general area as being within the 40 foot
setback area. In our review of the area we do not see any signs that appear to be within our
highway right of way, however there are some that appear to be within the 40 foot jurisdiction of
the Land & Resource Management Office that may not be in conformance. The existing signs
should be reviewed for compliance with the 40 foot setback requirement or to ensure they have
a variance on file.
It seems to me that the variance should have been held until the conditions of the above were reviewed to ensure that
the existing signs were in compliance vs. approving it based on "the same rights and privileges" which may actually be
violations of the setback requirements.
Thanks, Chuck
If - rVAVrwi wJiTX
( JZLCPh^^
M4S iFiLOZAd^ ThCA€ IS ti€>
^57^ This ivt\e ^ /Mwer Pau>4. tz>
RECEIVED
MAY 0 3 2011
LAND & RESOURCE
m
1
>1.
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #-------^-----;-------
was filed/recorded in this office
Kl on the _lA_day of
2002 at Q.nOfc^pm
L. Metraif, County Recorder
9091^9
fbrreco
Ddpuly"by:rrcotdingfeec
well certificate
Ik.(^
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739 -2271
COMPLETE THIS APPLICATION IN BLACK INK
Application Fee
Receipt Number,
Accepted By / Date
PROPERTY OWNER Prcf)€i<hcs - Cla,irts'o^ daytime phone
ADDRESS L~?0^ b/rvt. FuU-f A/ S'ioS^^l'
LAKE NAME LAKE CLASSLAKE NUMBER _
SECTION 3 O TOWNSHIP I i 3 RANGE M Z
PARCEL NUMBER R. 030QQ3QQ 2.1 SQO^__________
ft O /d«-\TOWNSHIP NAME
E-911 Address 3 *iLZ Fi’^ Avt,
P«H^svrF‘»-tir >*TK/
LEGAL DESCRIPTION
SaG ft
TYPE OF VARIANCE REQUESTED (Please Check)
K Cluster Misc.Structure Setback Structure Size Sewage System Subdivision
SPECIFY VARIANCE REQUESTEDThe. pfiVttI Uetx.i'ibed i»i Gpi.bit A ii *i*/2 metres.
Cu/'VtitS
CiiYve &. one cO o-ctre
va*'«Avi(x
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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 OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
Xivj
DATENATUFfE OF PROPERTY OWNER
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
' 1 « Ci t««D
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/I J:aa /?/7i,j?ao^Date Of Hearing^jujJl Time
Motion
Otter - 1 Properties - Approved with conditions. (9:00 p.m.)
Motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to approve the proposed
subdivision with the condition that in addition to the one acre tract a 40’ wide area, as depicted on the applicant’s
drawing, must be retained, by Otter - 1 Properties, from the proposed one acre tract to the public road and with the
condition that a registered surveyor’s drawing must be provided at the time of conveyance. Hardship is the unique
shape of the property. It was also noted that this area is a commercially developed area and that the granting of this
variance will not establish precedence for this immediate area.
-------C^irman/Otter tail County Board of Adjustment
Per
r
s) required from Land & Resource Management
. Yes (Contact Land & Resource Management)
No
Copy of Application Mailed to Applicant And the MN DNR
L R Official/Date
bk 0501-001
305,391 * Victor Lundeen Cc., Printers, Fergus Falls, MN > 1-600-346-4670
EXHIBIT A TO APPLICATION FOR VARIANCE
OTTER-1 PROPERTIES/KENT MATTSON
Real property situated in Otter Tail County, Minnesota,
tentatively described as follows, and later to be amended, to-
wit:
That part of the Northeast Quarter of the Southeast Quarter
(NE^^SE^) of Section Thirty (30) , Township One Hundred Thirty-
three (133), Range Forty-two (42), described as follows:
Commencing at the Northeast corner of said Section Thirty (30) ,
and thence running South 3049.20 feet along the section line;
and thence at a 90° angle West 457.60 feet to the point of
beginning of the within described tract; thence West 407.40
feet; thence South 500.00 feet; thence East 150.00 feet; thence
North 41°11'00" East 265.70 feet; thence North 15°22'00" East
311.15 feet to the point of beginning, containing 3.61 acres.
AND
Part of the East 865.00 feet of the Northeast Quarter of the
Southeast Quarter (NE)4SE)^) of Section Thirty (30) , Township One
Hundred Thirty-three (133) , Range Forty-two (42), described as
follows:
715.00
Quarter of the Southeast Quarter (NE)4SEM) of Section Thirty (30) ,
thence West 150.00 feet; thence South 300.00 feet to the highway
right of way line, thence easterly along said right of way line
to a point on a line bearing South from the point of beginning,
thence North to the point of beginning.
Beginning at a point located 466.70 feet North and
feet West of the Southeast corner of said Northeast
August 8, 2002
Page tt 4
Terry and Debra Jellison - Approved with conditions. (8:35 p.m.)
Terry and Debra Jellison, Fargo, ND, requested a variance of 20’ from the required ordinary high water
level setback of 75' for the purpose of constructing a permanent home by connecting the house and garage
and a variance to permanently attach approximately 28’ of Lot 17 and part of Lot 18 to Lot 16 to provide
legal area for the 25% impervious surface rule. It should be noted that Lot 17 and the remaining part of Lot
18 will retain 100’ of lot width and will have 20,000 square feet of area. The property is described as Lot
16, 17 and the east 30’ of Lot 18, Sunny Beach Resort, Little Pine Lake in Gorman Township. The
applicants’ architect appeared along with the applicants at the public hearing. The audience was polled
with no one speaking for or against the request. After consideration, motion was made by Randall Mann,
second by Steve Schierer and unanimously carried, to approve the proposed development as requested
with the following modification and conditions; 1.) no portion of the proposed development can be closer to
the ordinary high water level than the main portion of the existing dwelling (for reference this has been
circled in red on the applicant’s drawing), 2.) the two existing sheds down by the water must be either
removed or placed in locations which meet all of the setback requirements of the ordinance, 3.) each of the
applicants’ proposed lots, after the shifting of area from lot 17 to lot 16, must have at least 100’ of lake
frontage/width and must have at least 20,000 square feet of area, and 4.) each lot must have impervious
surface coverage of 25% or less after completion of the project. It was noted that after completion of the
project there should be two standard sized lots.
Otter - 1 Properties - Approved with conditions. (9:00 p.m.)
Otter - 1 Properties, Fergus Falls, MN, requested a variance from Section VII of the Subdivision Controls
Ordinance and a variance from the subdivision plat requirement to subdivide, by metes and bounds
description, a one acre tract of land from an existing 4.5 acre parcel. It should be noted that access to the
one-acre parcel would be through an easement reserved over the main parcel to County Road 1. The 3.5-
acre balance of the existing parcel will be sold and the current owner will retain the one-acre parcel. The
planned use of the one-acre parcel will be for the construction of a 40’ by 64’ storage building. The
property is described as part of the Northeast Quarter of the Southeast Quarter, Section 30 of Aurdal
Township. The audience was polled with no one speaking for or against the request. After consideration,
motion was made by Steve Schierer, second by Paul Larson and unanimously carried, to approve the
proposed subdivision with the condition that in addition to the one acre tract a 40' wide area, as depicted
on the applicant’s drawing, must be retained, by Otter - 1 Properties, from the proposed one acre tract to
the public road and with the condition that a registered surveyor’s drawing must be provided at the time of
conveyance. Hardship is the unique shape of the property. It was also noted that this area is a
commercially developed area and that the granting of this variance will not establish precedence for this
immediate area.
Daniel and Nancy lacarella - Approved as requested with a condition. (9:13 p.m.)
Daniel and Nancy lacarella, and Jeff and Beth Jones, Ramsey, MN, requested the following: splitting a 7.2-
acre tract (282’ of lake frontage) on Big Pine Lake into 2 - 3.6 acre parcels. The westerly parcel is being
permanently attached to the lacarella’s other property. The remaining easterly parcel is to be used for
single family residential use by Jeff and Beth Jones. The minimum size for metes and bounds subdivision
within the shoreland management area is 5 acres. The property is described as part of Government Lot 2,
Section 22 of Pine Lake Township by Big Pine Lake. Jeff and Beth Jones appeared along with the
applicants at the public hearing. The audience was polled with no one speaking for or against the request.
After consideration, motion was made by Cecil Femling, second by Paul Larson and unanimously carried,
to approve the proposed subdivision as requested with the condition that a registered surveyor’s drawing
must be provided at the time of conveyance.
Wvrtt uil4.J
1 iO 1 \oo.grid(s) equals feet, or Jnch(es) equals feetScale:.
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
%X 100 =
Total Impervious
Surface Onsite
(FT2)
Total Lot Area
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July \0,ZO^l
I Dated<ignature
BK — 0500 — 029 304,678 • Victor Lundeen Co.. Printers • Fergus Palls, MN • 1-800-346-4870
Notice of Hearing for Variance
Otter Tail County Courthouse
121 West Junius Ave.
Fergus Falls, MN 56537
(218) 739-2271 Ext. 240
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant must be present at the scheduled hearing.
To Whom It May Concern;
Otter -1 Properties
2708 Lakeview Drive
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 Ordinance and/or the Subdivision Controls Ordinance. The Otter Tail County Board of
Adjustment will assemble for this hearing on
Thursday, August 8, 2002, at 7:30 p.m..
in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN, (Please use the west Law
Enforcement entrance.) Individuals requiring special accommodations should contact the County Auditor’s
office prior to the date of the public hearing.
The property concerned in the application is legally described as
part of the Northeast Quarter of the Southeast Quarter,
E911 Address - 3423 Fir Ave East
Section 30, Township 133, Range 42 - Township Name - Aurdal
Lake No. 56-NA, Lake Name - NA, Class - NA
The variance requested is:
a variance from Section VII of the Subdivision Controls Ordinance and a variance from the subdivision plat
requirement to subdivide, by metes and bounds description, a one acre tract of land from an existing 4.5
acre parcel. It should be noted that access to the one-acre parcel would be through an easement reserved
over the main parcel to County Road 1. The 3.5-acre balance of the existing parcel will be sold and the
current owner will retain the one-acre parcel. The planned use of the one-acre parcel will be for the
construction of a 40’ by 64’ storage building.
Board of Adjustment Secretary
Date: July 12, 2002
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 15th, day of July, 2002 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Otter-1 Properties, 2708 Lakeview Drive, Fergus Falls, MN 56537
William Davis, Twp Clerk of Aurdal, 24524 W Rivers Bend Rd, Fergus Falls, MN 56537
Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515
Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537
Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
Richard S. Schierer, 3310 Rollins Beach Tris, Fergus Falls, MN 56537
Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Frank Lachowitzer, 43529 County Highway 53, Perham, MN 56573
Mark Steuart, 36768 Lillis Drive, Richville, MN 56576-9725
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated: July 15th, 2002
Wayne Stein, Secretary
Otter Tail County Board of Adjustmei^
By:a.^i Manderud
D