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Home My WebLink About03000990592000_Variances_11-13-2003\\\\%7a::)3 943981 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument #_ was filed/recorded in this office for record on the H day of ______________2003 at±I]C@i/pm confer D^Mity 943981 _______weii certificate )e 4(2 THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 Ext. 225 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date. PROPERTY OWNER DAYTIME PHON MAILING ADDRESS ?7 Pf-kr \ % A^iS.-PHLAKE NUMBER SECTION__3i LAKE NAME LAKE CLASS TOWNSHIP 13"^ RANGE TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESSR. Cf'3crtrO<fCfoS(f2,ertrO 22,kfii\ gy 3x7<1 hh CMoti tl U1./.PK /OiAvcIgI ^ u^ir^(jU ooti M- s 56/U LEGAL DESCRIPTION TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback )(* Structure Size Sewage System___ Subdivision Cluster Misc. SPECIFY VARIANCE REQUESTED ^*^b**k Ptou^ unjU 6 C^rf f\orhr^ o^4L( ^ '/<y <t// I>IaxI^ Ai¥^ ariA^P oX 5c>A^c/^» ^ (/^K/^hcu /V\i3»44V' </o i>^lHc5^ Sat^^ h*«ri ^ui/f a}/ /^ fir I UNDERSTAND THAT 1 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. ‘ *’^NATU^^F PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) Birth LAJO'Oc/- Riutr /r d.cy? ■ 1^// cCcc^ t $^0 / 6p<P>3 r •> » S 3‘3cCc S^/cUl^ /QM^ Si P,3B-001 -00^ 0-^05 S^3 ScL^ §RS (EES -.' L yr/?/T).//- /S- P'S-Date Of Hearing Time ' ‘ Motion Duane Jensen r-Denied. (6:45p.m.) Motion was made by Cecil Femling, second by^David Jrites and carried with Mark Steuart abstaining, to deny the variance as requested noting the extreme ibluff and concerns for safety and earth moving. ' ,. “v-:, '• \>; ; !Thairman/Otter Tail County Board of Adjustment Permit(s) required frorh Land & Resource Management Yes (Contact Land & Resource iMaiiagement) ;No r/n/as^ Copy of Application Mailed to Applicant And the MN DNR Bk-d462-6iDl' 309,424 - Victor Lundeen Company, Fergus Falls, Minnesota s fi vie'SO;t5C'S Y‘^': ..i... .f B- :-.;':" B '. 'iOr-'S . ,:Y£;;'Y Y'f .wtoi, UTTER TAIL COUNTY, MINN note:TO WHOM IT MAY CONCERIM Part of some of these lots may liewithin Flood Plain of Otter Tail River ^ /A If V »V // I X 1I«Y I 'J J4 a-i 2. 1?. I//ioI ■*r, t]pAf »I I ¥5:r jj.(/»^oo'IStkOQ'___^-------&1.1/jtoo. go*2. —3.00.7«' I T"DEDICATlc ----- CS^Ol’iOiciiOi^O I J33i;5-—o , z oco^fcCOOI //.fl7-ajv» g.-"9 ^ /yo-oa* iia ^ Jj <5- 7^S5 j •H^a,aaa*sf.K « /ya»oo‘/ro.^o*/^s:o0 •\I5 JO ?>18V$X« ^ <9^ / '• 5 i *>•«*' ‘ta.aaa’jf Jl jr 7 ?/A'L i 0 C -1-"it. y<9^^.9S'-------/aSTOO' /70.00* 1 % tyo.oo'/*r.oo' \PLATTED 5.14 Acre I IS' cooUNPLATTED 21.86 Acre I I I Io3O0D9'7t>bii'70D‘^ I I foI-'z h I. * ‘ijzlhi !DateScalelature ; rTM-l i I t 7 ; I s.V) r* r\ \ I I I : I i-I 01 '/Ii Lundeen Co., Printers • Fergus Falls, MN •BK — 0403 1-800-346-4870313,987 • Victor /7 ‘ DECLARATION OF PROTECTIVE RESTRICTIONS FOR ALL OF THE LOTS IN THE PLAT OF BIRCHWOOD RIVER ESTATES I, Vernon L. Jensen, being the sole owner and proprietor of the Subdivision Plat of BIRCHWOOD RIVER ESTATES, a recorded plat located in the County of Otter Tail, State of Minnesota, do hereby adopt the following protective restrictions which are for the benefit of said premises and each lot and parcel of land therein contained. Said restrictions shall inure to and operate as. equitable restrictions and covenants passing with the conveyance of each of said lots in said plat of BIRCHWOOD RIVER ESTATES, and shall apply to and bind each successive owner of said lots.Said restrictions are also hereby imposed upon said premises as a servitude in favor of each and all -I L-of thfe lots and parcels of land in said BIRCHWOOD RIVER ESTATES. The grantee or grantees and their heirs, representatives and assigns do hereby agree and covenant, by acceptance or recording of the instrument of conveyance herein or by taking possession of the premises, that they will abide by the conditions herein and the • -M.- limitations on the use of the premises herein described and that said conditions and limitations are of actual and substantial benefit to the premises and the owners and occupants thereof: Homes or dwelling houses previously located elsewhere, or1. referred to generally as pre-fabricated or pre-constructed homes. including mobile homes, trailer houses, vans, tents, motor homes and other houses, homes or dwellings of a movable or temporary nature shall not be erecte.d, located or occupied on the premises, excepting that recreational campers or camper units may be stored thereon and occupied on a temporary or seasonal basis. No lot shall contain a dwelling house or other building2 . which is designed to accomodate or which.is actually used by more Ithan four separate family living units.No more than one family shall occupy a family living unit. No business or other commercial activity shall be conducted3. on the premises unless all equipment, machinery, inventory and other personal property used, stored,, parked or handled in connection therewith is completely enclosed within a building on said premises. No horses or other animals are permitted, except domestic4 . pets not to exceed two in number on any one lot, all of which shall be confined within the boundaries of the lot occupied by the owner. BOOKil± PAGEl^ SOOKJrl PAGU^'o-■e& 5. No dwelling house shall be permitted which has.less than 600 square feet of ground floor area, exclusive of garage .area. 6. No motor vehicles, including automobiles, trucks, pickups.1 buses, snowmobiles, boats, railroad cars or other wheeled or tracked vehicles, shall be permitted to be parked outside of garages or similar enclosures, whether such vehicles be operable or not, except on a temporary basis. 7. Setback lines. No structure shall be constructed with its front building line closer than forty feet from the front lot line. No structure shall be erected on any lot which shall be closer to the side lot line, or the rear lot line than a distance equal to 10% of the total width of said lot. No outdoor toilets shall be permitted nor shall any outbuildings be moved upon the premises. No exposed fuel or storage tanks shall be permitted above 8. 9. ground level. No rubbish, garbage, refuse or junk shall be permitted10. to accumulate on the premises. No advertising signs or billboards with a surface area11 . in excess of 480 inches are permitted. All exterior construction shall be completed within 1012. months after commencement. Enforcement of these covenants and restrictions may be by13. any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to compel compliance, or to recover damages, and against the land to enforce any lien created by these covenants. Attorney's fees and costs of any such actions to restrain violation or to recover damages as determined by the court shall be assessable against and payable by any person violating the terms contained therein. One or more of these restrictions may be eliminated or14 . modified if a minimum of 65% of the lot owners agree, in writing. For purposes of this paragraph the owners of any one lot, collectively, have only one vote whereas the owner of more than one lot shall have one vote for each lot owned. to the elimination or modification. There being 51 lots in said subdivision, the owners of 33 lots must agree to any change. THIS PACKET INCLUDES: ^APPLICATION FOR VARIANCE *SCALED DRAWING OF LOT *PLATTED AREA OF ENTIRE BIRCHWOOD RIVER ESTATES DEVELOPEMENT ( LOT 5 BLOCK 1, HIGHLIGHTED) *DECLARATION OF PROTECTIVE RESTRICTIONS FOR ALL LOTS IN THE PLAT OF BIRCHWOOD RIVER ESTATES (COVENANTS) ( SETBACK LINES ITEM # 7, HIGHLIGHTED )