HomeMy WebLinkAbout35000990393000_Variances_10-08-2020Variances
2
Barcode 128
f.\di 08)2020
T-7825
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED OH
12/02/2020 03:37 PM
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PAGES 6
WELL CERTIFICATED REC'D: N
AFFECTED CERTIFICATES
CO
SEP 16 202c
AMD 6 hFSOUBC ■;
2697
L&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537 218-998-8095
www.co.Qtter-tail.mn.usOTTER TflII
Application Fee ^ SQO. C3Q
Receipt Number 'ZJ02-O ‘ I
Accepted by Date
Property Owner
.Ta/vilr, E ScM \NrEG€R.Name
Address f?r NE.
City
prv t/state
Zip
Daytime
Phone U 6SL>-'7<^'fO
^ <7c>E'>-)OASt-Email
Parcel Information
/^DMiddle LecL^ La-*^€-1l^ivicc Lake ClassLake No Lake NameSki '116:)
ODV 6XD<9Parcel Number(s)
Parcel Number(s)
L C(X. y Lz'L^kc. \~Z’ L L> S n L p
— Sere eiSttCLCh^d'
Ctr^XseA^ i>C 44 Hjl hJp . 2.3>U>*\o
44m ^(^l-ccpVi RSaS
SectionTownship Name
Legal Description
V4<EiO/^l< ^(e5esiPhysical Address
TYPE OF VARIANCE REQUESTED (Please Check)
BL □□□Structure
Setback SubdivisionStructure Size Sewage System
w□ □
MiscellaneousClusterWECS
Version Date: 04/07/2020 1
f *, .
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
QTrERTAILCOUNTYORDINANCE:S/^Org.Z-|A»Jb K PclONC^f^t)nRl\)T
SECTION OF ORDINANCE: ^fdf^rP-TTIdA tirfruthAir^rj n on-Cotft^tig 5rrM.c+Uir'-
I Arv VfS-riAnctnD vtrmo\r&'Hve er> iyftfi<\rvoot>ilc lioir>ittiz.y-6cs)Airvi r Cjol^C'®
i'1" a.\\-^vo ma.ri\c^cii'-'^J'hor>~ie.^/^xSi>X C?u-ir V\oir>~,Ttf 6,ttzCcF-rcd
OHuiL. f^'<tA:rhcry^j^i^-U£ he. 30 O HUJL. K-^ ^
voHf\>r<'tkt .SIZ. hcrryuc Ojot^^ l^ave 8'^Zfg-^-f--
I UNDERSTAND THAT I HAVE APPUED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCES/SUBDIVISION
CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER TAIL COUNTY.
I UNDERSTAND THAT IN ACCORDANCE WITH MINNESOTA STATUTE 1S.99, SUBDIVISION 2, OTTER TAIL COUNTY HAS UP TO SIXTY (60)
DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPLICATION. DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
DECLARATION, OR UNTIL DECEMBER 31, 2020, WHICHEVER COMES FIRST, IN ACCORDANCE WITH MINNESOTA STATUTE 15.99,
SUBDIVISION 3 (F), OTTER TAIL COUNTY HAS EXTENDED THE REVIEW TIME BY AN ADDITIONAL SIXTY (60) DAYS, AND HAS UP TO ONE-
HUNDRED AND TWENTY (120) DAYS TO REVIEW AND APPROVE OR DENY THE PERMIT APPUCATION.
I UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT UNO & RESOURCE MANAGEMENT REGARDING
ITHIS:r.
l^R/nerSIGNATURE OF PROPERTtOWNER/AGENT FOR DATE
APPLICANT MUST BE PRESENT AT THE HEARING
(Appilont wHI Receive Notification of the Pate/TlTne of Hearing)
7 oop/>oDate of Hearing Time
Motion
Janice Schwieger- Variance Request Approved with Condition (8:20 p.m.)
After consideration and discussion, Darren Newville made a motion seconded by Terry Marthaler and carried
by roll vote to approve the variance to replace an existing mobile home with a 14’ x 56’ manufactured home
and deck with the condition that it can be no closer than 32’ to ordinary high water level. This decision is also
based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding
have been attached to and incorporated as an official part of the minutes which have been placed on file with the
Land & Resource Management Department.
Ibujiu
Chairman/OtterTail County Board of Adjustment
()B/) Thiimi i€~L
Permit(s) required from Land & Resource Management Yes No
Note: If Yes, contact Land & Resource Management
tmhulip lojNjzdK:)
L&R Official/Date '
Copy of Application maiied to Applicant, County Assessor and MN DNR
2
.JMSlf Foit^ No. 5-M WARRANTV DEEP ______Minnesota Uniform Conveyancing Blanks (6/1/97)MiUer-Davis Co.. St. Paul, MN41 03 !
Individiul(s) to Joint Tenants i4103
OmCE OF HEBSniWt Of THifS
Gaoity of Otter Toil
I cedHy ttat Ao offidn tKtnmm'msatOta
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( filed (
Certificate of Real Estete Value No.
a.
1 not required
CMkCfeBteieoenfeRitK S>L IttAD. >cai.(Da„) J? ^
(j )/0Lt f p 0
County Auditor
by
Deputy KV3070 OOn
DEED TAX DUE; $ . _;Rifi so
February 9,. 2000
FOR VALUABLE CONSIDERATION, . Ida M. Rirtlsall, a single person
I
(reserved for recording data)Date:
(marital status)
Grantor, hereby conveys and warrants to LeRoy W. Schwieger and Janice A. .Schwieger, husband and wifeI
Grantees, as joint tenants, real property in
•*see schedule "A".
._Qtter.Tail .............County, Minnesota, described as follows;i
The total consideration for the transfer of property is $5,000.00.I
I !together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:!
Check box if applicable:
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 I certify that the status and number of wells on
the described real protierty have not changed since the last previouslyOOUNTV OF Otter tail
OTATE OF UINNEGOTA
OBBDTAX S HUHBEA^
DATECJi/-
1
filed well disclosure certificate.
Ida M. Birdsall
......i*..
Affix Deed Tax Stamp Here
STATE OF MINNESOTA
COUNTY OF ANOKA,. .
i
^OO oThis instrument was acknowledged before me on Dale
by .....Ida M..Blrdsall,.a.siiigIe-person______■
SI'JNAXrRH OP NOT .ARY PU9I IC OR OTHER OFFICIAL
Check here if part or all of the land is Registered (Torrens) i'?]
felkammoeua
ITOMBBS
Tax Statements for the real property described in this instrument should
be sent to (include name and address of Grantee):
LeRoy W. and Janice A. Schwieger
9321 Flanders St. N.E.
Blaine MN 55449
THIS INSrauMENT WAS DRAFTED BY (NA.ME AND ADDRESS);
Felix A. Mannella
Attorneys at Law
Babcock, Neilson, Mannella, LaFleur & Klint
118 East Main St.
Anoka, MN 55303
612-421-5151
67222
1
Schedule ”A“ Legal Description
All that part of Reserve Block "F" in Leaf Lake Pleasure Grounds, located in Section 22. Township 134 North, of Range 38
West, and described by metes and bounds as follows, to-wit:
Beginning in the center of a cluster of willows on the west shore of East Leaf Lake, said point being 69 feet northerly from a
large elm located about 10 feet east of the west shore of Leaf Lake and which said elm is 47 inches in circumference; thence
due west 125 feel; thence due north to south shore of creek; thence Northeasterly along south shore of creek to west shore of
East Leaf Lake, thence southeasterly and southwesterly along west shore of East Leaf Lake to point of beginning, excepting
the following described tract:
Beginning in the center of a cluster of willows on iheWest shore of East Leaf Lake, said point being 69 feet northerly from a
large eliii located about 10 feet west of the west shore of East Leaf Lake, and which said elm tree is 47 inches in
circumference; thence due West 125 feet; thence due North 60 feet; thence East to the West shore of East Leaf Lake, thence
Southeasterly and Southwesterly along the West shore of East Leaf Lake, to point of beginning, reserving the west 15 feet of
said property for road purposes.
To have and to hold the same as long as, and upon the express conditions that the grantee herein, his heirs and assigns shall
comply with the following conditions subsequent, to-wit:
That said tract of land shall at all times be used solely for a private summer resort and that all shade
trees now standing or growing upon said land shall be preserved except such trees as it may be
necessary to remove in order to erect buildings or to provide for private driveways.
I.
That there shall be no intoxicating liquors given away or sold on said premises, or kept or handled
in violation of any State or Federal Law or in violation of any local law or provision.
2.
In the event that said grantee, his heirs or assigns, shall use said premises for any other purpose than that mentioned or in
event that the shade trees are permitted to be destroyed or in event that intoxicating liquor shall be kept, sold or given away
on said premises or in event either of said conditions are broken said premises are to revert back to the grantors herein and to
their heirs and assigns forever. There is also included an easement from the grantors to the grantee, her heirs, successors and
assigns, for the use of the driveway now existing from the premises herein described in a westerly direction to Stale Highway
No. 108.
WW^Form No. 2278—Affidavit of Purchaser of Registered Land (Reviewed 1998)Copyright Miller/Davis Co., St. Paul. MN
Affldavit of Purchaser of Registered Land
STATE OF MINNESOTA
COUNTY OF ANOKA._ _
... ..being first duly sworn on oath says that (s)he makes this affidavit on behalffanice A. Schwieger
of the purchaser(s) of REGISTERED LAND situated in
The name of (one of the) $0(l) purchaser(s) is.............
.........OltCLTail____County, Minnesota.
......Janice A._Schwiegei-. ____
The purchaser resides at___5321 Flanders St. _NE_City of Blaine
County of
is
Anoka _State of___. Minnesota ................. Zip ..... .^55449.
of the age of 18 years or older, is under (no) legal incapacity (the nature of which isis not
and is Xi^K / married to LeRcQt_W..-Schwiegei-_
whose residence is above set forth
. is is of the age of 18 years or older, is under (no) legal incapacity (the nature of which iswho ,
is not
Subscribed and sworn to before me this . ^ ^
day of___, 2000__Fehniary
Year FSJXAMAKNEUANonMfmsue.ioMnoiAMVOOMM.e(P.i4n<aoos'Signature of notary public or other officia
My Commission expires ________ _________
4 .
Schedule "A" Legal Description
All that part of Reserve Block "F” in Leaf Lake Pleasure Grounds, located in Section 22, Township 134 North, of Range 38
West, and described by metes and bounds as follows, to-wit:
Beginning in the center of a cluster of willows on the west shore of East Leaf Lake, said point being 69 feet northerly from a
large elm located about 10 feet east of the west shore of Leaf Lake and which said elm is 47 inches in circumference; thence
due west 125 feet; thence due north to south shore of creek; thence Northeasterly along south shore of creek to west shore of
East Leaf Lake, thence southeasterly and southwesterly along west shore of East Leaf Lake to point of beginning, excepting
the following described tract:
Beginning in the center of a cluster of willows on theWest shore of East Leaf Lake, said point being 69 feet northerly from a
large elm located about 10 feet west of the west shore of East Leaf Lake, and which said elm tree is 47 inches in
circumference; thence due West 125 feet; thence due North 60 feet; thence East to the West shore of East Leaf Lake, thence
Southeasterly and Southwesterly along the West shore of East Leaf Lake, to point of beginning, reserving the west 15 feet of
said property for road purposes.
To have and to hold the same as long as, and upon the express conditions that the grantee herein, his heirs and assigns shall
comply with the following conditions subsequent, to-wit:
That said tract of land shall at all times be used solely for a private summer resort and that all shade
trees now standing or growing upon said land shall be preserved except such trees as it may be
necessary to remove in order to erect buildings or to provide for private driveways.
1.
That there shall be no intoxicating liquors given away or sold on said premises, or kept or handled
in violation of any State or Federal Law or in violation of any local law or provision.
2.
In the event that said grantee, his heirs or assigns, shall use said premises for any other purpose than that mentioned or in
event that the shade trees are permitted to be destroyed or in event that intoxicating liquor shall be kept, sold or given away
on said premises or in event either of said conditions are broken said premises are to revert back to the grantors herein and to
their heirs and assigns forever. There is also included an easement from the grantors to the grantee, her heirs, successors and
assigns, for the use of the driveway now existing from the premises herein described in a westerly direction to State Highway
No. 108.
Joel & Sherri Thomsen - Continued
Joel & Sherri Thomsen, property owners and Kelli Wegschied, Architect represented the variance application via GoToMeeting. The
audience was polled w ith no one speaking for or against the variance application.
After consideration and discussion, Michael Donoho made a motion seconded by Darren New villle and carried by roll call vote to
approve the variance request to construct a detached garage being 1' from the new bike path easement. It was noted that the structure
will maintain the 20’ road right of way setback from County Hwy 34. This decision is also based on the Findings of Fact and Decision
Form, w hich contains the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the
minutes which have been placed on file with the Land & Resource Management Department. The variance as approved does not
directly or indirectly grant any other variances for future development.
Roll call vote as follows:
Board of Adjustment ABSTAINABSENTYEANAY
XThomas Lee
Darren News ille X
XDouglas Larson
Michael Donoho X
XTerry Marthaler
Jack Rosenthal - PC Member X
Janice Schwieger - Variance Request Approved with Condition (8:20 p.m.)
Janice Schwieger , Tr 125’ E & W on S Line of Leaf Lake Pleasure Grounds, Middle Leaf Lake (56-116), Leaf Lake Township
request the follow ing: 1 am requesting a variance to remove the existing mobile home (12x60) and replace it with a new manufactured
home (14x56). Current home w ith attached deck is 32 feet form OHWL. New' home w ith deck w ill be 30 feet from OHWL.
Requesting a 70-foot variance to the 100 ft. structure setback. The impervious surface would increase from 832 to 1048 (percentage
total would be 5.37%) maximum allowable is 25%. 1 am requesting a variance of 602 sq. ft. from the 260 impervious surface w ithin
the SIZ. Existing home has 820 sq. ft. within the SIZ. New home would have 826 sq. ft. within the SIZ.
Janice Schwieger, property owner represented the variance application via GoToMeeting. The audience was polled with no one
speaking for or against the variance application.
After consideration and discussion, Darren New ville made a motion seconded by Terry Marthaler and carried by roll vote to approve
the variance to replace an existing mobile home w ith a 14' x 56' manufactured home and deck with the condition that it can be no
closer than 32’ to ordinary high water level. This decision is also based on the Findings of Fact and Decision Form, w hich contains
the criteria review ed and the Board’s finding have been attached to and incorporated as an official part of the minutes w hich have been
placed on file with the Land & Resource Management Department.
Roll call vote as follows:
Board of Adjustment ABSTAINYEANAYABSENT
XThomas Lee
XDarren Newville
XDouglas Larson
Michael Donoho X
Terry Marthaler
Jack Rosenthal - PC Member
X
X
Erik Arleigb Thorberg -Variance Request Approve with Condition (8:26 p.m.)
Erik Arleigh Thorberg , Pt of GL 8 (LOO Acre) & Lot 1 BIks I & 2 of Koep’s Subdivision, Spitzer Lake (56-160), Leaf Mountain
Township request the follow ing: Option A - Replacing existing structure (which is approximately 130’ from the lakeshore) w ith a
new' structure that will not be closer to the lake but w ithin 200’ setback. If new' build site is outside of the 200’ setback, encroachment
Board of Adjustment
October 8. 2020
Page I 8
STAFF REPORT
Janice SchweigerAPPLICANT:
I am requesting a variance to remove the existing mobile home (12x60) and replace it
with a new manufactured home (14x56). Current home with attached deck is 32 feet
from OHWL. New home will be 30 feet from OHWL. Requesting a 70 foot variance to the
100 ft. structure setback.
The impervious surface would increase from 832 to 1048 (percentage total would be
5.37%) maximum allowed is 25%. I am requesting a variance of 602 sq.ft, from the 260
impervious surface within the SIZ. Existing home has 820 sq.ft, within the SIZ. New home
would have 862 sq.ft, within the SIZ.
APPLICATION:
LOCATION:49171 Falcon RD Henning MN
LAKE NAME/NUMBER/CLASS: Middle Leaf, 56-116, Recreational Development
STAFF WHO COMPLETED REPORT: Chris LeClair
-;v:
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wSD ' V
-FALCdS' RC>.\.|9NRD|
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s * 7 •Staff Recommendation: Either approve or deny. If a motion is made to approve the application, staff recommends
the following conditions be included:
1. No recommendations
Applicable Ordinances/Statutes
SHORELAND MANAGEMENT ORDINANCE
SEaiON IV, Subp. 8, B
The following are specific standards:
1. Total impervious surface coverage of lots must not exceed 25% of the lot area, of which buildings must
not exceed 20% of the lot area. Impervious surface coverage within the SIZ must not exceed 260 square
B.
ft.
SECTION IV, SUBP. 12
D. Repair and/or replacement of an existing Non-Conforming building or structure is permitted only in accordance
with Minnesota Statute 394.36
MINNESOTA STATUTE 394.36
Subd. 4.Nonconformities; certain classes of property.
This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate
occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use
or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may
be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including
expansion.
Staff Comments: Based on a review of the application and a site review. Staff offers the following comments:
1. Site visit September 29, 2020.
2. No comments
-aV.*'
LAND & RESOURCE MANAGEMENT
OTTER TAIL Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537COUNTY - MINNESOTA
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern;
Janice Schwieger
9321 Flanders St NE
Blaine MN 55449
Flas/have 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, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, October 8, 2020 at 7:00 p.m.
In response to the COVID-19 public health emergency declared by Governor Walz, the public hearing will
be held remotely via Go-To-Meeting. Public testimony regarding this application will only be received by
email, in writing, or by participating in the remote public hearing. Information regarding access to the
Go-To-Meeting public hearing will be provided on the Land & Resource website. Written
correspondence or emails regarding this application will be received up until 12:00 p.m./noon the day
prior to the public hearing date.
Written correspondence or emails regarding this application will be received up until 12:00 p.m./noon
the day prior to the public hearing date.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Legal Description:Parcel No. - 35000990393000
Tr 125' E & W on S Line - Leaf Lake Pleasure Grounds
Section 22, Township 134, Range 38
Township Name - Leaf Lake
Middle Leaf (56-116), Recreational Development (RD)
49171 Falcon Rd. Henning MN 56551
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
I am requesting a variance to remove the existing mobile home (12x60) and replace it with a new
manufactured home (14x56). Current home with attached deck is 32 feet form OHWL. New home with
deck will be 30 feet from OHWL. Requesting a 70-foot variance to the 100 ft. structure setback. The
impervious surface would increase from 832 to 1048 (percentage total would be 5.37%) maximum
allowable is 25%. I am requesting a variance of 602 sq. ft. from the 260 impervious surface within the
SIZ. Existing home has 820 sq. ft. within the SIZ. New home would have 826 sq. ft. within the SIZ.
Amy Busko
Board of Adjustment Secretary
September 24, 2020
ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
SCALE DRAWING FORM
Tax Parcel Number(s) A _ -A sigr ed drawing which ip^udes and identifies a graphic scale in feet or indicates all setback distances, all
exist! ig and/or propo^ structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLS,
weiis wetlands, top^raphic features (i.e. bluffs), apfi onsife impervious surface calculations.
Scale 1 Inch = ( 3f) Signature
r
r1
IMPERVIOUS SURFACE CALCULATION
List & identify all existing & proposed onsite impervious surfaces on scaie drawing.
n. ^500Lot Area (ft^):1
Other Impervious SurfaceBuildings
ProposedProposed ExistingExisting
Ft2Ft2Ft2 Ft2
A/(^Deck(s)Dwelling
Patio(s)Attached Garage
Sidewalk(s)Detached Garage
Landing(s)Storage Shed
Driveway(s)WOAS
Parking Area(s)RCU
Retaining Wall(s)Miscellaneous
Landscaping
(Plastic Barrier)Miscellaneous
TOTAL OTHERTOTAL BUILDINGS
Buildings
Impervious Surface
Percentage
Maximum Allowable 20%
Total Lot Area Impervious
Surface
Ratio
Existing Proposed
Ft2Ft2 Ft2 Ft2Total Buildings
N.500 100+T-X;
Buildings + Other
Impervious Surface
Percentage
Maximum Allowable 25%
Impervious
Surface
Ratio
Existing Proposed Total Lot AreaTotal
Buildings + Other
Impervious Surface
Ft2 Ft2 Ft2
U '194 Ul iq'4-?.06'^37IQ^Ob 100-r X=7
LR: Online Permitting Forms 2016: Impervious Surface Calculation Worksheet 04-11-2016
Siqnaturet
SHORE IMPACT ZONE IMPERVIOUS SURFACE CALCULATION
Required for projects within the Shore Impact Zone only.
List & Identify all existing and proposed onsite shore impact zone impervious surfaces on the scale drawing.
Def # 76. Shore Impact Zone (SIZ):Land located between the OHWL of public water and a line parallel to it at a setback of 50% of the structure setback
(see Section III.4.), but not less than 50 feet. For Ag land the SIZ is 50 ft. from the OHWL (see Section IV.4.).
Only 1 structure may be placed in a SIZ.
Existing Ft^^ . Ut/
________
Proposed Ft^
Building(s)
Deck(s)
Patio(s)
Sidewalk(s)
Landing(s)
Driveway(s)
Parking Area(s)
Retaining Wall(s)
Landscaping
{Plastic Barrier)Miscellaneous
TOTAL
Total
Shore Impact Zone
Impervious Surface
Proposed TotalExisting
Ft2 Ft2 Ft2
Maximum Allowable 260 Ft’
r r+=:
LR: Online Permitting Forms 2016: Impervious Surface Calculation SIZ 04-11-2016
Signaturel Date;
OTTER TAIL COUNTY
Fergus Falls, Minnesota
)STATE OF MINNESOTA
) ss
)COUNTY OF OTTER TAIL
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 24*^ day of September, 2020 the attached Notice of Hearing for Variance was duly served
upon the individuals listed below and/or included in the attachment:
Lake AssociationTownship ClerkProperty Owner
NADawn Lueders, Clerk
Leaf Lake Township
49459 330*h St.
Ottertail MN 56571
Janice Schwieger
9321 Flanders St. NE
Blaine MN 55449
City Clerk (if located within 2 miles of a city) NA
Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald:
Devils (NejrPerham):
Little
Little Pi
Pelic
South Turtle Lake:
Otter Tail County COLA, 4302 13'^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
_Julie Aadland, DNR Eco & Water Resources, 1509 1®* Ave N, Fergus Falls, MN 56537
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
IIS (Ne^Kernam): Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
HHcHronald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
' Lakes Imp. Dist., PO Box 405, Perham, MN 56573FishsBass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
m
Big Pine:
Board of Adjustment Members:
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537
Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573
Planning Commission Member: Jack Rosenthal, PO Box 266, Ottertail MN 56571
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, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number of Notices &
Envelopes to Print
File 1Dated: September 24, 2020
Extra 5Amy Busko, Secretary
Otter Tail County Board of Adjustment BOA Members___5
PC Member____
Envelopes 16
TOTAL NOTICES TO PRINT___28
I I Added to Agenda Map
I I Print out Findings of Fact Sheet
Newspapers FFDJ & Henning Advocate
1 MinutesBy:
Amy Busko
l:\BOA\October BOAtSchwieger Affidavit (116) 10-08-20.doc
Buffer Parcels
Citv St ZipAddrZParcel No Addr 1Name 1 Name 2
Prior Lake MN 55372 394135000990303000 Karri Kuester Et Al 17366 Horizon TrI SE
Henning MN 56551 933335000990304000 Norman & Judith Umland Tstees 30527 Edgewater Dr
Litchfield MN 55355 292435000990305000 Donn L & Pamela A Hoffman 625 Saint Paul St W
Litchfield MN 55355 292435000990306000 Donn L & Pamela A Hoffman 625 Saint Paul St W
Henning MN 56551933335000990315000 Norman & Judith Umland Tstees 30527 Edgewater Dr
Henning MN 56551 401135000990323000 Douglas Trana 905 Marshall Ave
Savage MN 55378 160335000990368000 Kevin Sheehy Et Ai 13265 Glendale Ln
Billings MT 59102 404035000990370000 Kristin Wolfram Et Al 1717 Clark Ave
Peoria AZ 85383 485727612 89th Ln N35000990371000 John A & Amy K Engerholm
Savage MN 55378 160335000990372000 Kevin Sheehy Et Al 13265 Glendale Ln
Minneapolis MN 55407 306935000990391000 Aaron J Rateau 3921 21st Ave S
Perham MN 56573 894835000990392000 Sherry A Larson Et Al 42791 State Highway 108
Blaine MN 55449 563735000990393000 Janice A Schwieger 9321 Flanders St NE
Isanti MN 55040 035000990393001 Wells Jr & Judith Birdsall PO Box 4
Minneapolis MN 55418 151535000990394000 Robert J & Nikki J Scott 3322 Stinson Blvd
Fargo ND 58102 270335000990396000 Kerry M Shelton 1246 Elm St NNancy Fix Shelton
Henning MN 56551 932835000990397000 Keith J & Melinda K Borg 29724 State Highway 108
Morristown MN 55052 503935000990397001 Charles A & Theresa E Johnson 24074 Farwell Ave
Henning MN 56551 932835000990397003 Steven T & Lynne Hodgkins 29740 State Highway 108
Paee 1 of 1Wednesday. Seotember 23. 2020
Buffer Mail
Address i City, State, ZipName Address 2
Wells Jr & Judith Birdsall Isanti MN 55040 0PO Box 4
Keith J & Melinda K Borg 29724 State Highway 108 Henning MN 56551 9328
John A & Amy K Engerholm 27612 89th Ln N Peoria AZ 85383 4857
Steven T & Lynne Hodgkins 29740 State Highway 108 Henning MN 56551 9328
Donn L 8t Pamela A Hoffman 625 Saint Paul St W Litchfield MN 55355 2924
Charles A & Theresa E Johnson 24074 Farwell Ave Morristown MN 55052 5039
Karri Kuester Et Al 17366 Horizon TrI SE Prior Lake MN 55372 3941
Kevin Sheehy Et Al 13265 Glendale Ln Savage MN 55378 1603
Kristin Wolfram Et Al 1717 Clark Ave Billings MT 59102 4040
Norman 8i Judith Umland Tstees 30527 Edgewater Dr Henning MN 565519333
Aaron J Rateau 392121st AveS Minneapolis MN 55407 3069
Janice A Schwieger 9321 Flanders St NE Blaine MN 55449 5637
Robert J & Nikki J Scott 3322 Stinson Blvd Minneapolis MN 55418 1515
Kerry M Shelton 1246 Elm St N Fargo ND 58102 2703
Sherry A Larson Et Al 42791 State Highway 108 Perham MN 56573 8948
Douglas Trana 905 Marshall Ave Henning MN 565514011
Wednesday, September 23, 2020 Page 1 of 1
Section-22 Township-134 Range-038
LEAF LAKE PLEASURE GROUNDS
TR 125' E & W ON S LINE. FROM WILLOW CLUMP, IN NE COR. RES F EX S 60' & EX PT RES BLK F LYING
WLY OF DESC LN COM SW COR SEC 22 N 2193.68' N73D E 600.47' S88D E 350.37' TO PT BEG LN N1D E
194.20' TO RVR
ccmmenceng at tns sovznuest earner of said Section 22; thence an an aaatened bearing of North oiong the west line of
aakt Section 22, a dtstatce of 2^3.60 feet; thence North 73
degneea 34 minutes 07 seconds Best a distance of 600.47 feet
to the southeasterly ri^hA-of-way lute of State Trunk
Highway No. 103; thence North 37 deffsee S3 minutes 33
seconds East along seM southeasterly ri^it-of-way Ikte of State Trunk Nighueiy No. 103, a ^stance of 145.^ feet to
the point of begkuiktg of the cmterline to be described; thence South 53 de^ees K> minutes 07 seconds East a
distenee of 134.20 thence southeasterly an a taigential curve, cencaue te tfw northeast, hatring a radius of 1^.00
feet and a delta angle of 37 degrees 26 minutes 44 seconds,
far an arc distatce of 34.3i feet; thence North 3N degrees 23
mkHites OR seconds Erat a distawe of 40.4! feet; thatce
North 39 debtees 49 matutes SO seconds East a disUuice of
4R.83 feet; thence northeasterly, on a tcngentieri curve, concave to the northwest, hav^ a radius of IS7.0O and
a delta angle of n degrees 26 minutes S3 seconds, for an ant
dhiance of &J2R fe^ and there terminating.
At the pokit of beguuAng of serid centerline, the sidelines of eerie
easemerA shall terminate on the eaid eoutheasterly right-of-way
line of SUAe Trunk Ni^rway No. 103.
Together urith at easement for Ingress and egress purposes,
over, under md across that part of Reserve Block F, LEAF
LAKE PLEASURE GROUNDS, etdd pkA is an file in the
office of the Recorder, Otter Teril County, Munssotr^ being a oart of Government Lot S, Section 22, Township 1^, Rsr^
33, stud County, being a strip of land lying S.OO feet te the 'right of aid adjokring the foUoujuig descried Imei
Commencing at the Southwest comer of said Section 22;
thence on at assunrted beerutg of North dong the west line of
said Section 22, a distatce of 2IR3.63 feet; thence North 73
degrees 34 muwtes 07 seconds East a distance of 600.47 feat
to the southeasterly right-of-way line of State Trunk
Nl^iuuay No. 103; thence South degrees 20 mtnutes 13 seconds East a distance of 3SOST fe^ thence North Of
degree 44 mktutes 4R seconds Eist a distatce of 104.20 feet
to the ptrirA of beginning of the Ikte to be described; thence
contkidng North OI degree 44 minutes 49 seconds East a
distance of 60.00 feet and there terminating.
At the point of boffruUng of acrid line, the sidelines of sad
easanent shall be sho'bsned to terminate an a line uririch beas
South 39 degrees 16 miwtes 31 seconds East from the point of
begining of seed line and at the point of termination of said
line, the sidelines of sad easement shtdl be extended to
terminate on a line which beers South 39 degrees 16 minules 31
seconds East from the pant of termlncAkn of said One.
Subject to on ettsement for septic system rmantenance purposes,
aver, under end across that pert of Reserve Black F, LEAF
LAKE PLEASURE GROUNDS, seed plat Is an Fite in the
office of the Recorder, Otter Teril County, tritmeseta, being a part of Government LeA 5, Section 22, Tawnsirip 134, Ran^
33,' said CourAy, being a strip of lend lying 7.SO feet on eeeh side of ths Mtowing describe eenteritiei
Commencing eA the Southwest comer of seed Section 22;
thence on an easumed beerutg of North along the west lute of
serid Section 22, a distonce of 2193.63 feet; thence North 73
degrees 34 minutes 07 seconds East a distance of 600.47 feet
to the southeasterly right-of-way line of State Trunk
Mghway No. 103; thence South 83 degrees 20 minutes 13 seuuids East a distance of 353.37 fei^ thence North OI
deg"ee 44 minutes 49 seconds East a distance of 164.20 feet;
thence &wth 39 degrees 16 mututes 31 seconds East a
distance of 80.53 fort to the point of be^nrring of the
centerline to be ^scrOied; thence North fi? degrees 43
minutes II seconds Mest a distance of 25.^ feet and there termuiatutg.
At the point of beginntng of scad centerline, the sidelines of sale
euaemait shall be extenied or shatened to termkiate on a Ikte
which beas South OR degrees 16 minutes 31 seconds East and
North 39 degrees 16 mkuAes 31 seconds Mest Frcm the pwrA of
begruring of s^ cerAerUne.
'' '"proposed Ca^ECnVE legal exscriptum
PARCEL E
That pari of Reserve Block F, LEAF LAKE PLEASURE
GROUNDS, etrid plat is an file in the office of the Recorder,
Otter Teril CourAy, Ftimesota, being a pert of Goverrunent Lot
5, Section 22, 'Township 134, Range 33, strid County, described
as foUauuss
Commencing at the Southwest comer of etdd Section 22;
thence on an assumed bearing of North along the west tine of
sad Section 22, o distance of 2t93.63 feet; thence North 73
degrees 34 minutes 07 seconds East a distatce of 600.47 feet
to the southeasterly rigfA-of-way Hie of State Trunk
Highway No. 108; thence South 83 degrees 20 minutes 13 seconds East a distance of 350.37 fe^ thence North OI
degree 44 minutes 49 seconds East a diatance of UidJlO feet
to the point of begiuting of the land to be described; thence
South 8R degrees !6 minutes 31 seconds East a distance of
153 feet more or less, to the shoreline of East Leaf Lories;
thence in a genertd northeasterly eOreetlen Oteng serid
shoreline and in a general seutinuesterly direction orieng the
southerly shoreline of the Leaf River to the interaeetion with
a line which bears North OI degree 44 minutes 49 seconds
East from the point of begJruAng; thence South OI degree 44
minutes 49 seauids Meat a distance of 33 feet mare or teas, to
the paiA of beyiviiig.
Canttrinkig IR,SOO sqpare feet mere or less. Subject to
easanents and reservdtlcra of record. TogeAher with a 20 ford,
kigresa end egress easement aver end eKross serid Government
Lot 5, the centerline of so^ eaaemaA is described as foUows:
L8(^AL
I
i.
Certificate of Title
Certificate No: 2369.0
TRANSFER FROM NO. 1843.0, registered 05/05/2000
State of Minnesota, County of Otter Tail
This is to certify that
JANICE A SCHWIEGER, in fee simple
Whose address is
9321 Flanders Street NE
in the City of Blaine
State of Minnesota 55449
Owner(s) of the following described land situated in the
County of Otter Tail and State of Minnesota
All that part of Reserve Block "F” in LEAF LAKE PLEASURE GROUNDS, located in Section
Twenty-two (22), Township One Hundred Thirty-four (134) North, of Range Thirty-eight (38) West,
and described by metes and bounds as follows, to-wit:
Beginning in the center of a cluster of willows on the west shore of East Leaf Lake, said point being
sixty-nine (69) feet northerly from a large elm located about ten (10) feet east of the west shore of Leaf
Lake and which said elm is forty-seven (47) inches in circumference; thence due west one hundred
twenty-five (125) feet; thence due north to south shore of creek; thence Northeasterly along south shore
of creek to west shore of East Leaf Lake, thence southeasterly and southwesterly along west shore of
East Leaf Lake to point of beginning, excepting the following described tract:
Beginning in the center of a cluster of willows on the West shore of East Leaf Lake, said point being
sixty-nine (69) feet northerly from a large elm located about ten (10) feet West of the West shore of East
Leaf Lake, and which said elm tree is forty-seven (47) inches in circumference; thence due West one
hundred Twenty-five (125) feet; thence due North sixty (60) feet; thence East to the West shore of East
Leaf Lake, thence Southeasterly and Southwesterly along the West shore of East Leaf Lake, to point of
beginning, reserving the west 15 feet of said property for road purposes.
To have and to hold the same as long as, and upon the express conditions that the grantee herein, his
heirs and assigns shall comply with the following conditions subsequent, to-wit:
1. That said tract of land shall at all times be used solely for a private summer resort and that all shade
trees now standing or growing upon said land shall be preserved except such trees as it may be
Certificate No: 2369.0 Generated Tue Sep 06 10:12 AM by Metcalf Page 1
necessary to remove in order to erect buildings or to provide for private driveways.
2. That there shall be no intoxicating liquors given away or sold on said premises, or kept or handled
in violation of any State or Federal Law or in violation of any local law or provision.
In the event that said grantee, his heirs or assigns, shall use said premises for any other purpose than
that mentioned or in event that the shade trees are permitted to be destroyed or in event that
intoxicating liquor shall be kept, sold or given away on said premises or in event either of said
conditions are broken said premises are to revert back to the grantors herein and to their heirs and
assigns forever. There is also included an easement from the grantors to the grantees, her heirs,
successors and assigns, for the use of the driveway now existing from the premises herein described in a
westerly direction to State Highway No 108.
Subject to the encumbrances, liens and interest noted by the memorial
underwritten or endorsed hereon; and subject to the following rights,
or encumbrances subsisting, as provied in M.S. Section 508.25 namely;
1. Liens, claims, or rights arising or existing under the laws or Constitution
of the United States, which this state carmot require to appear of record;
2. The lien of any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual
occupation of the premises thereunder;
4. All rights in public highways upon the land;
5. The right of appeal or right to appear and contest the application,
as is allowed by the chapter;
6. The rights of any person in posssession under deed or contract for deed
from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under
sections 514.01 to 514.17:
In Witness Whereof,
1 have hereunto subscribed my name and affixed the seal of my office 29th day of August, 2011
Wendy L Metcalf
Registrar of Titles
In and for the
County of Otter Tail
State of Minnesota
By
Certificate No: 2369.0 Generated Tue Sep 06 10:12 AM by Metcalf Page 2