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Home My WebLink About36000200141000_Variances_05-10-2018Variances 2 Barcode 128 ol0.’20lgj-I i Date Stamp 1206247 OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 05/17/2018 09:55 AM FEE; 46.00 PAGES 6 WELL CERTIFICATE REC D; N RLCElVcD APR 1! 2018 LAND8RES0URCF - ~f.—, LO O') OD l O QD - ■ cn X>CD^— OD L&R Initial 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 <3^ 590Application Fee Receipt Number p O ^ Mi, &/3-3<7/:>-U39 COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date SduxurA ^ tfierru^ ~5d Sj-raoi" 3o9o Lex.hrvj'hrL Cive SSH3 ^pjj'Ze.r CaJ\'P^ PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS Sk-JU)AIE^ Lent fDourriahM LAKE NUMBER LAKE NAME LAKE CLASS TOWNSHIP / 3 / RANGE .3^SECTION TOWNSHIP NAME HI83^ 3p]-tz£,rPARCEL NUMBER E-911 ADDRESS3L>0OC) JHJOOC) LEGAL DESCRIPTION- 11/or Gootrr\rrej\.h Lor ^ (L)ee LL>axr^r\\u^ Vee^cJ Dodumi2,nh ^ TYPE OF VARIANCE REQUESTED (Please Check) Subdivision XStructure Setback Structure Size Sewage System Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Edward and Merry Jo Stroot are the owners of Parcel No. 36000200141000 on the south side of Spitzer Lake, being 3.8 acres as shown in a 1986 metes and bounds survey (recorded as Doc. No. 1036093) as Tract D. Yvette and Steven VanDerBrink are the owners of Parcel No. 36000200141004 on the south side of Spitzer Lake, being 3.3 acres as shown in the same 1986 metes and bounds survey as Tract E, lying east of and adjoining Tract D. VanDerBrinks want to purchase the Stroot Garage which sits approx. 280 feet southeriy of the Stroot cabin. Because of the terrain the garage and surrounding iands can be better used by the VanDerBrinks than the Stroots. We are requesting subdivision approvai of Parcel Dl, being 0.78 acres from Tract D, to be permanently attached to Tract E as shown on the Anderson Land Surveying Certificate of Survey No. 8548, signed Aprii 11, 2018. Please note that Parcel Dl contains no lakeshore, the remainder of Tract D is 3.02 acres more or less, and approval of this subdivision puts the VanDerBrink driveway on their own property. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR WECS 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. JAX i %\\, ZcJlt) )SIGNATURE \^F (PROPERTY OWNER^AGENT^R OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Flearing) 345 194 • Victor Lundeen Co . Printers • Fergus Falls. Minnesota /O'Date Of Hearing Time Motion Edward and Merry Jo Stroot - Variance application approved as requested with a condition. (6:48 p.m.) After discussion and consideration, Steve Schierer made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve the proposed subdivision as described in the variance application dated April 11,2018 with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. The variance as approved does not negatively impact the immediate neighborhood, will make the existing garage more useable and will place the VanDerBrink driveway on the property that they own. The variance as approved does not directly or indirectly grant any other variances for future development. Chairman/Otter Tail febunty Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) % No LuR Official/Date / ' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR May 10, 2018 864873 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA 864873I hereby certify that this instrument # _ was filed/recorded in this office for record on the day of2000 at 2*.36> arr^^ Wendj^L. Metcalf, County Recor^r No delinquent taxes and transfer entered: Certificate of uired.Real Estate &e ( ^ filed ( Certificate of Real Estate Value No. V:(tyUQ . (p by’ (Year) Wayne Stein, Couray /editor 3k 000^ a00 well certificate Deputy A A WARRANTY DEED Individual to Joint Tenants STATE DEED TAX DUE HEREON > $62.70 JOne. ^ Vo o. 2000 FOR VALUABLE CONSIDERATION, Andrew Kalenda, a single person, Grantor, hereby conveys and warrants to Edward F. Stroot and Merry Jo Stroot, Grantees as joint tenants, real property in Otter Tail County, Minnesota;^'described as follows: That part of Government Lot Four (4),,Action Twenty (20), Township One Hundred Thirty-one (131) North, Range Thirty>nine (39) West, OtterTail County, Minnesota, described as follows: Commencing at the Southeast corner of said Government Lot 4; thence South 88 degree's-iio minutes 49 seconds West, assumed bearing, along the South line of said Government Lot 4 a distance of 960.00 feet to the point of beginning; thence continuing South 88 degrees 40 minutes 49 seconds West along the South line of (Said Government Lot 4 a distance of 240.00 feet; thence North 7 degrees 16 mihutes 33 seconds East a distance of 782 feet more or less, to the shoreline of "Spitzer Lake; thence easterly along said shoreline of Spitzer Lake a distance of 2l0,feet, more or less, to its intersection with a line which bears North 4 degrees 54^inutes 32 seconds East from the point of beginning: thence South 4 degrees 54 minutes 32 seconds West a distance of 721 feet, more or less, to the point of beginnihg^ AND ALSO The West 100.00 feet of the East 650.00 feet of that part of said Government Lot 4 lying northerly of said Spitzer Lake; AND ALSO Date: An undivided one-eighth interest and a non-exclusive easement for ingress and egress in and to: A 66-foot wide roadway in the East Half of the Southwest Quarter (E 1/2 of SW 1/4), Section Twenty (20), Township One Hundred Thirty-one (131) North, Range 1. Thirty-nine (39) West, the centerline of which is describedi as follows; Commencing at the Southeast comer of said East Half of Southwest Quarter (E 1/2 of SW 1/4) of Section 20; thence North 0 degrees 07 minutes 11 seconds West, assumed bearing, along the East line of said East Half of Southwest Quarter (E 1/2 of SW 1/4) of Section 20 a distance of 490.01 feet; thence South 89 degrees 52 minutes 49 seconds West a distance of 1279.12 feet to the centerline of County Road No. 38, the point of beginning of said centerline: thence North 7 degrees 00 minutes 06 seconds East a distance of 4231.87 feet; thence North 11 degrees 31 minutes 25 seconds East a distance of472.79 feet; thence North 9 degrees 08 minutes 46 seconds East a distance of 754|.23 feet; thence northeasterly along a tangential curve, concave to the Southeast, having , a radius of 569.25 feet, central angle of 39 degrees 36 minutes 36 se^nds, a distance of 393.54 feet; thence North 48 degrees 45 rninutes 22 seconds East, tangent to said curve, a distance of 258.25 feet to its intersection with the North line ofsaid East Half of Southwest Quarter (E 1/2ofSW 1/4) of Section 20, being South 88 degrees 40 minutes 49 seconds West and 627.88 feet distant from the Northeast comer thereof, and said centerline there terminating, subject to other easements for ingress and egress for owners of other parts of Governrnent Lot 4, Section 20, Township 131 North, Range 39 West, Otter Tail County, Minnesota. •; ■ Together with a non-exclusive easement for ingress and egress in and to the following described 66.00 foot tracts lying and being in Otter Tail County, Minnesota; A 66.00 foot wide roadway in Government Lot Four (4), Section Twenty (20), Township One Hundred Thirty-one (131) North, Range Thirty-nine (39) West, the centerline of which is described as follows: Commencing at the Southeast comer of said Government Lot 4; thence South 88 degrees 40 minutes 49 Wconds West along the South line of said Government Lot 4 a distance of 200;.00 feet; thence North 0 degrees 07 minutes 11 seconds West a distance of 33.01 feet to the point of beginning; thence South 88 degrees 40 minutes 49 seconlds West a distance of 739.43 feet; thence northwesterly along a tangential curve concave to the Northeast, having a radius of 55.05 feet and a central angle of 57 |degrees 10 minutes 28 seconds, a distance of 54.94 feet; thence North 34 degrees 08 minutes 43 seconds West, tangent to said curve, a distance of 85.91 feet; thence northerly along a tangential curve concave to the East, having a radius of 130.26 feet and a central angle of 53 degrees 02 minutes 23 seconds, a distance of 120.58 feet; thence North 18 degrees 53 minutes 40 seconds East, tangent to said curve, a distance of 45.65 feet; thence North 13 degrees 35 mirputes 44 seconds West a distance of 205.09 feet; thence North 14 degrees 36 minutes 34 seconds East a distance of 101.12 feet; thence northwesterly along a tangential curve concave to the Southwest, having a radius of 107;66 feet and a central angle of 69 degrees 43 minutes 28 seconds, a distance of 131.02 feet; thence North 55 degrees 06 minutes 54 seconds West, tangent to said curve, a distance of 124.66 feet; thence northerly along a tangential curve concave to the 2. • •» northeast, having a radius of 119.29 feet and a central angle of 53 degrees 24 minutes 03 seconds, a distance of 111.19 feet; thence North 1 degree 42 minutes 51 seconds West, tangent to said curve, a distance of 179.44 feet; thence North 5 degrees 40 minutes 46 seconds East a distance of 158ll 1 feet; thence North 37 degrees 40 minutes 36 seconds East a distance of 145.95 feet and there terminating. Together with a non-exclusive lake access easement limited to non-motorized use in and to: That part of Government Lot 4, Section 20, Township 131 North, Range 39 West, Otter Tail County, Minnesota, described as follows: Commencing at the Southwest corner of said Government Lot 4; thence North 0 degrees 19 minutes 23 seconds West, assumed bearing, along the V'lfest line of said Government Lot 4 a distance of 1346.62 feet; thence North 35 (degrees 36 minutes 45 seconds East a distance of 200.00 feet to the point of beginning; thence South 19 degrees 28 minutes 51 seconds East a distance of 152149 feet; thence South 16 degrees 00 minutes 56 seconds East a distance of 40l94 feet; thence South 37 degrees 40 minutes 36 seconds West a distance of 6l20 feet; thence North 16 degrees 00 minutes 56 seconds West a distance of 40[94 feet; thence North 19 degrees 28 minutes 51 seconds West a distance of [48 feet, more or less, to the shoreline of Spitzer Lake; thence northeasterly along said shoreline a distance oL35 feet, more or less, to its intersec:ti6ri with a line which bears North 19 degrees 28 minutes 51 seconds West from the point of beginning; thence South 19 degrees 28 minutes 51 seconds East a distance of 24 feet, more or less, to the point of beginning; together with all hereditaments and appurtenances belonging thereto. ■.V THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. Andrew KalendaDATE STATE OF MINNESOTA ) . )SS COUNTY OF Ott^ ) The foregoing instrument was acknowledged before me this day o1 2000, by Andrew Kalenda, a single person. Grantor. ■a mmam CNotary PublicCMOLMORGAN « %OD(n(nlBion^iiBsJan.31,2005 K> 3 . * Tax Statements for the real property described in this Instrument should be sent to: Edward F; and Mer^ Jo Stroot 3090 Snellirig Avenue North Roseville, MN 55113 THIS INSTRUMENT WAS DRAFTED BY:■ R. Kristian Svingen SVINGEN, ATHENS, RUSSELL, HAGSTROM & HAUGRUD, P.L.L.P. 125 South Mill Street P.O. Box 697 Fergus Falls, MN 56538-0697 218/736-5456 L 4 . » %MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, May 10, 2018 The Otter Tail County Board of Adjustment met Thursday, May 10, 2018, with the following persons in attendance; Thomas Lee Darren Newville Rick Wilson Douglas Larson Steve Schierer Eric Babolian, Land and Resource Management Kurt Mortenson, Assistant County Attorney Kenneth Vorderbruggen Called to Order - Steve Schierer, 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 April 12, 2018 Board of Adjustment meeting as mailed. The Board of Adjustment considered the following applications for variance: Stephen and Anne Scott Variance application approved as requested. (6:32 p.m.) Stephen and Anne Scott, Lot 82 of Nedberg-Nye Survey Lots of Government Lots 1, 2 and 3, Section 1 of Edna Township, requested the following: We would like to rebuild our deck to a smaller 8' by 20’ size, we would also like to replace a shed with a 10’ by 12’ or perhaps 10’ by 10’ size. At present we have no place to store our lawn equipment, etc. Deck will be approximately 12’ from the lake. The shed will be 15' from the road and 55’ from the lake. The audience was polled with no one speaking for or against the variance application as presented. An email from Stacy and Wade Dockter in support of the variance as requested was read for the record. After discussion and consideration, Darren Newville made a motion, seconded by Rick Wilson and unanimously canned, to approve the construction of an 8’ by 20’ deck 12’ from the ordinary high-water level and to approve the placement of a 10’ by 12’ or 10’ by 10’ shed 15’ from the road right-of-way and 55’ from the ordinary high-water level as depicted on the drawing submitted with the application. It was noted that the variance as approved is consistent with past Board of Adjustment decisions and is consistent with the immediate neighborhood. The variances as approved do not directly or indirectly grant any other variances for proposed or future development. Dennis Gemelli - Variance application approved as requested. (6:40 p.m.) Dennis Gemelli, part of Government Lot 2, Section 23 of Amor Township by Otter Tail Lake, requested the following variances to construct two additions to existing dwelling: 1 - A 10’ by 26’ Addition - 30’ variance to top of bluff An 8’ variance to 75’ ordinary high-water level setback. 2 - A 16’ by 20’ addition - 20’ variance to top of bluff The audience was polled with Kevin Schlager and Matthew Danner speaking in favor of the variance application as presented. A letter from Cindy Dean in support of the applicant’s request was read for the record. After discussion and consideration, Rick Wilson made a motion, seconded by Thomas Lee and unanimously carried, to approve the variances as requested in the application dated April 9, 2018 and as depicted on the drawing submitted with the variance application. It was noted that the proposed development will result in minimal excavation in the bluff impact zone. Hardship/practical difficulty is the location of the existing home. The variances as approved do not directly or indirectly grant any other variances for proposed or future development. Edward and Merry Jo Stroot - Variance application approved as requested with a condition. (6:48 p.m.) Edward and Merry Jo Stroot are the owners of Parcel No. 36000200141000 on the south side of Spitzer Lake, being 3.8 acres as shown in a 1986 metes and bounds survey (recorded as Doc. No. 1036093) as Tract D. Yvette and Steven VanDerBrink are the owners of Parcel No. 36000200141004 on the south side of Spitzer Lake, being 3.3 acres as shown in the same 1986 metes and bounds survey as Tract E, lying east of and adjoining Tract D. * • .• Edward and Merry Jo Stroot - Variance application approved as requested with a condition. (6:48 p.ni.) - Continued VaiiDerBrinks want to purchase the Stroot Garage which sits approximately 280' southerly of the Stroot cabin. Because of the terrain the garage and surrounding lands can be better used by the VanDerBrinks than the Stroots. We are requesting subdivision approval of Parcel Dl, being 0.78 acres from Tract D, to be pemianently attached to Tract E as shown oh the Anderson Land Surveying Certificate of Survey No. 8548, signed April 11,2018. Please note that Parcel Dl contains no lakeshore, the remainder of Tract D is 3.02 acres more or less, and approval of this subdivision puts the VanDerBrink driveway on their own property. Appearing with the applicants was Yvette VanDerBrink and Glenn Howe, Surveyor. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Steve Schierer made a motion, seconded by Kenneth Vorderbruggen and unanimously carried, to approve the proposed subdivision as described in the variance application dated April 11,2018 with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. The variance as approved does not negatively impact the immediate neighborhood, will make the existing garage more useable and will place the VanDerBrink driveway on the property that they own. The variance as approved does not directly or indirectly grant any other variances for future development. Peterson Family Cabin LLC - Denied (6:50 p.ni.) Peterson Family Cabin LLC, part of Government Lot 3, all of Government Lot 4 and part of the South\yest Quarter of the Northwest Quarter, Section 15 of Eagle Lake Township by Eagle Lake requested a variance to subdivide without platting tax parcel 18-000-15-0099-000, a 5.05-acre parcel (county auditor lists it as 7.9 acres) located within shoreland near Eagle Lake (56- 253 GD) in Eagle Lake Township. The proposed subdivision consists of three backlots (86,520 square feet; 66,866 square feet; 50,622 square feet), together with a fourth backlot tract (15,921 square feet) which is adjacent to and to be permanently affixed to lakeshore tax parcel 18-000-99-0294-000, 37651 s. Eagle Lake Trail. This backlot tract contains the septic system for that parcel and enlarges the lakeshore parcel to an aggregate area of approximately 25,527 square feet. Peterson Family Cabin LLC was represented at the public hearing by: Mike Peterson, Owner, Glenn Howe, Surveyor and Robert Bigwood, Attorney. The audience was polled with the following individuals speaking in opposition to the variance application: Kathy Evavold, Kelly Hepper, Grant Johnson and Warren Pream (noi cenain about the last name). Kathy Evavold, Supervisor representing Eagle Lake Township also presented several pictures for the record. Letters and/or emails from the following in opposition to the variance application were also read for the record: Craig and Karen Andrews, Loren Bailey, Gene and Tamara Curtis, Ruth Gallagher, Kelly Hepper representing the Eagle Lake Lakeshore Association, David and Judy Johnson, Earllet Jolmson Grant and Dorothy Johnson, Peny and Janet Kugler, Jeffrey Long, Connie Prunty, William and Sandra Shumaker, and Joy pTeiken. The originals letters and the pictures reference above have been placed in the file maintained by the Land and Resource Department. Other than noting that all these letters were in opposition to the proposed subdivisions, these minutes will not summarize the specific content of the letters. The applicants and their representatives noted that the plan under consideration would be the same plan that would be presented to the Planning Commission and it was their position that that the Board of Adjustment has acted on this type of request favorably in the past. The full content of the discussion between the applicants/applicants’ representatives and the Board was record and is available during normal businessjhours; therefore, these minutes will not detail that discussion. After considerable discussion and consideration, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would justify approving the variance as requested for metes and bounds subdivisions instead of a formal review by the Planning Commission through the platting process. The platting process will provide a deeper review and will address buildable areas, bluffs and necessary steps to prevent erosion should the lots be developed. Corriiie M. Nokkcii - Variance application approved as requested with a condition. (7:40 p.m.) Corrine M. Nokken, part of Government Lot 4, Section 16 of Candor Township by Leek/Trowbridge Lake, requested a 75’ setback from ordinary high-water level instead of the 100’ setback. Proposing to remove the existing cabin and bathhouse and replace with a 40’ by 44’ cabin with deck and a 24’ by 30’ attached garage. Cory Pederson appeared with the applicant at the public hearing. The audience was polled with no one speaking for or against the variance application as presented. After discussion and consideration, Rick Wilson made a motion, seconded by Darren Newville and unanimously carried, to approve a variance of 25’ from the required ordinary high-water level setback of 100’ for the placement of a 40’ by 44’ cabin and a 24’ by 30’ attached garage 75’ from the ordinary high-water level with the condition that holding tank is in compliance with the requirements of the ordinance. The proposed development will be further away from the ordinary high-water level than the existing development. The proposed development is an improvement. The variance as approved does not directly or indirectly '.... grant any other variances for proposed or future development. May 10, 2018Page I 2 Marsha Bowman SHoofMarsha Bowman Tuesday, March 13, 2018 11:43 AM 'Lynette Bethel' RE: VanDerBrink PvrcW«kS-er 20180313065324495.pdf From: Sent: To: Subject: Attachments:[)er ^\/o{ -9-03G-00O Good Morning Lynette, I have reviewed the attached lot split proposal. In order for the "Stroot's" (36-000-20-0141-000) to subdivide their lot, a variance would be required. It appears that they are taking a substandard parcel and making it more substandard. Please note that a scale drawing that includes all structures, the septic system, and impervious surface calculations would assist in determining if other variances would be required. If you have any questions, please contact me. Have a nice day! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 218-998-8099 ----Original Message— From: Lynette Bethel <lynette_alsinc@prtel.com> Sent: Tuesday, March 13, 2018 9:31 AM To: Marsha Bowman <MBowman@co.ottertail.mn.us> Cc: Anderson Land Surveying Inc <surveyor@prtel.com> Subject: VanDerBrink Good morning Marsha, Below is an email we have received from Yvette. I have attached a pdf with the approximate area the VanDerBrink's are wanting to purchase from the Stroot's. Can this be done with out a variance? Lynette Bethel Johnson Anderson Land Surveying Inc. 218-739-5268 Hi We are buying a garage from out neighbors Ed and Merry Stroot. The garage is a ways from their house and is works great with our place at 41927 lake Spitzer circle Clitherall MN. We wrote a purchase agreement to change the east boundary to get our driveway in our lot and gain the garage. We took and marked with red ribbons. It makes a straight line., solves a problem.. that is getting our garage and driveway all in our property. Thanks Yvette VanDerBrink VanDerBrink Auctions 1847 80th Ave Hardwick mn 56134 1 • I !19 !II I I 1/II TTvIB4STLM!I Scu'i gIS61I, t^sfr tME or GarrueTd .%Can I\?'t t SPITZER LAKE ?/7Tm s\-alv Ron !S!\37-4VatK*Esa.00 O I LiZER LAKE I \or\\?bt%OeS60t SURVET tME SSsetf\s d} B0OT um corr U7T sec. 20*B/-39/U \ / 7 I L-V^ »(U 1/\P V I^A!/ j I rrH V P V I •L- /r^='\v-'tm' °/kl ^ \\<h0gSSSov !l_ \ -■ i - fu3.5uie r>wf 1"CanFI;ura aeAfana DISTANIX C ti.to <1 Ve<ta’4B<rL7 68.9 E Lot10wsa*4ong 4S.<S 3^ AOtBSt ^ NOTSWWL9 xsm nkwi!'ut?wr.o 5 t/ieuii^V8%0rH 04M tilwr4nrN~LO 179.44 CtU3ISO.ll ulei^n^E MS. 95U4 hi sevm LofEor Gorr LOT 4 SEC. 3M37-39 iJS aaras^iT^as4L^sec ao^at-s^(TOMD LABGE SPaaj I ^ 09R. £T C0(«*r 4J ^ \ WB8*4DW4*£ cr€1Noatmi%iaa.of 3000o\ Ot SH COR. OF cam’ LOT 4see. 20-at-aR 7.90.ft 050 y nr.to pt Usee's^f&'t^ I32S.SS 330.00 07.88 U(\y UJ.//72S63*40'49"M l32S.dly.sorry lmeGOm’ LOTsee. ao-Bi-89 RBOO/EtSD tROH rWMJtWfT FALLS OJS OF A FOOT y ceyBCOTERSD men noTViDfr y FALLS OM or A FOOTeiroreesp eagwew ceydiREoo/B^ fROM nanunetfr FALLS OJ7 OF A FOCTTen.r OF oeao cofooR y GOFT tor , 4 y se/U///hi/cu^ r»ai£/k//de ftRADtUSOeLTA AtSSS^AXLBOnr OiORD BEARMa CHORD LefifffuMtr^VTyJSTKFS8'SS.OS S4.94 S7A8 tesngas*00.28 120.66 N070T37W Rt89^28^07,44 a/xa 700791094 03.00 21lt90RS3?4W9*IU.t9 H30r24%2^tOJJJO B.39ag5»^S897S 3FB.54 3B8.7S ie //to H-y sedt I/I Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTiR Tflll Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Edward and Merry Jo Stroot 3090 Lexington Ave N Unit B5 Roseville, MN 55113 has/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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, May 10, 2018 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 prior to the date of the public hearing. The property concerned in the application is legally described as Part of Government Lot 4, Property Address - 41889 Spitzer Lake Circle - 56524 Section 20, Township 131, Range 39 - Township Name - Leaf Mountain Lake No. 56-160, Lake Name - Spitzer, Class - NE The variance requested is the following: Edward and Merry Jo Stroot are the owners of Parcel No. 36000200141000 on the south side of Spitzer Lake, being 3.8 acres as shown in a 1986 metes and bounds survey (recorded as Doc. No. 1036093) as Tract D. Yvette and Steven VanDerBrink are the owners of Parcel No. 36000200141004 on the south side of Spitzer Lake, being 3.3 acres as shown in the same 1986 metes and bounds survey as Tract E, lying east of and adjoining Tract D. VanDerBrinks want to purchase the Stroot Garage which sits approximately 280’ southerly of the Stroot cabin. Because of the terrain the garage and surrounding lands can be better used by the VanDerBrinks than the Stroots. We are requesting subdivision approval of Parcel Dl, being 0.78 acres from Tract D, to be permanently attached to Tract E as shown on the Anderson Land Surveying Certificate of Survey No. 8548, signed April 11, 2018. Please note that Parcel Dl contains no lakeshore, the remainder of Tract D is 3.02 acres more or less, and approval of this subdivision puts the VanDerBrink driveway on their own property. M^ayne Stein Board of Adjustment Secretary April 20, 2018 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 23rd, day of April, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Edward F & Merry Jo Stroot, 3090 Lexington Ave N Unit B5, Roseville, MN 55113-1920 Beverly Hanson, Twp Clerk of Leaf MT, 12589 County Highway 5, Clitherall, MN 56524 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515 Richard West, 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 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 R. Stephen Schierer, 3310 Rollins Beach^ Fergus Falls, MN 56537-4216 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 barren M Newville, 614 6*>' St NE, Perham, MN 56573 Rick Wilson, 609 W Lakeside Dr, Fergus Falls,MN 56537 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: April 23rd, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderudf. RONALD & LINDA CHRISTENSEN 41822 SPITZER LAKETRL CLITHERALL, MN 56524-9599 DORIS BAILEY 2016 FLEMING DR MCKINNEY, TX 75070-3986 DAVID R & ROSETTA ANDREE 41845 SPITZER LAKE CIR CLITHERALL, MN 56524-9569 RUSSELL N GRAY 6820CHESSIRE LN MAPLE GROVE, MN 55369-3427 KIP M ERICKSON PO BOX I 13 INDIANOLA, lA 50125-113 COMMON ROAD CYRIL E JR & PAMELA K KERBER 8743 VALLEY [view PL CHANHASSEN, MN 55317-8421 JOHN & BEVERLY HANSON 12589 COUNTY HIGHWAY 5 CLITHERALL, MN 56524-9558 JAMES P & BONNIE K HANSON 12331 COUNTY HIGHWAY 5 CLITHERALL, MN 56524-9558 JOSEPH STOI 168 GREENWAY AVE N SAINT PAUL, MN 55128-6909 LILY DTST RUMPCA 1670 STERLING STS MAPLEWOOD, MN 55119-6104 ' EMIL M MADSEN , 26472 STATE HIGHWAY 78 ■;, BATTLE LAKE, MN 56515-9147 JAMES LEE ET AL VAN SOMEREN 6000 76TH LN | LORETTO, MN 55357-8706 CYNTHIA D & PAT REITSMA TRAVIS 1832 GARFIELD STNE MINNEAPOLIS, MN 55418-4730 EDWARD F & MERRY JO STROOT 3090 LEXINGTON AVE N UNIT B5 ROSEVILLE, MN 55113-1920 CHERYLWERSAL PO BOX 461 ELK RIVER, MN 55330-461 PAUL & EMILY WEGENAST 706 ARMOUR ST NW WEST FARGO, ND 58078-1030 STEVEN E & YVETTE VANDERBRINK 1847 80TH AVE HARDWICK, MN 56134-4062 DANIEL G & RITA M WOESTE 33368 OVERTON RD MELROSE, MN 56352-8114 ; ♦• - rS CONCRETE SENER MANHOLE BY VISIBLE OBSERVATION. '5 PLASTIC SE^ER CLEANOUT BT VISIBLE OBSERVATION. ^ 56a-4&m\S»l*s SOUTH LINE GOVT LOTysec. S0‘!3i‘3RRECOVERED IRON MONUMENT /RECOVERED IRON MONUMENT FALLS 0.22 OF A FOOT /OHNERSi HANSON TSTFALLS 0.U OF A FOOT E'LY OF DEED CORNER PARCEL NO. 360002001E'L Y OF DEED CORt^ ' % NDERSON LAND SURVEYING, INC.SCALE IN FEET PROFESSIONAL LAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS, MN 56537 (218) 739-5268 FAX (218) 739-5461 (800) 300-9276 SCALE: I INCH » 50 FEET BEARINGS ARE BASED ON THE SATIE ASSUHED DATUtI USED BY SURVEYOR■«» TNOTtAS TNIESSEN, PLS NO. !60°[7 AND OEP/CTED ON NIS I^IBO CERTIFICATE OF SURVEY, RECORIXD AS DOC. NO. I036<m. CURVE TAmECMNERS.- RUSSELL GRAY • imrOTES IRON noNIMTENT FOUND. ^2 CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTUPARCEL NO. 36000200I4IOCB O DENOTE IRON TIONUnENT SET ITARKED "ELS 13620 4 rm25‘.57’/0»3g»a 55.05 B4.<T4 N62':G'S7’M S2.6B C2 130.26I N073r32'hli20.se 116.32nnO DENOTES CONCRETE SEHER MANHOLE BY VISIBLE OBSERVATION.C3 6‘r43‘28‘107.66 N20'IST0’M131.02 123.00 CO O DENOTES PLASTIC SEHER CLEANOUT BY VISIBLE OBSERVATION.C4 S3-24‘CB’N20"24^2’Hlll.n I07E0 C6 30'4TB^55.05 37C20 N^’32'jB’H 36.57 PROPOSED LEGAL DESCRIPTION PARCEL Dl That part of Government Lot 4, Section 20, TovunsNp 131, Range 3% Otter Tail County, Tiimesota, described as follows: Commenckig at the southeast comer of said Gov&mment Lot 4; thence South 6S degrees 40 minutes 4H seconds Mest an an assumed bearing along the south line of said Government Lot 4, a distance of S60.00 feet; thence North 04 degrees 54 minutes 32 seconds East a distance of 36.02 feet to the point of beginning of the land to be described; thence northwesterly, on a nan-tangential curve concave to the northeast, haviig a radius of 55.05 feet end a central angle of 38 degrees 47 mhrwtes 59 seconds, far an ore distance of 37.28 feet; thence North 34 degrees 08 mirwtes 43 seconds hlest tangent to said curve, a distance of 85.‘Ti feet; thence northerly, on a tangential curve concave to the east, having a radius of 130.26 feet and a centra! engle of 53 degrees 02 minutes 23 seconds, for an arc distance of 120.58 f^t; thence North 18 degrees 53 minutes 40 seconds East tangent to last send curve, a distance of ^.65 feet; thence North 23 de^grees 02 minutes 43 seconds East a distence of iH.62 feet; thence North 25 degrees 5! minutes 24 seconds East a distance of I4g.73 feet; thence North SB degrees 50 minutes 03 seconds East a distance of 38.31 feet to the intersection with a line which bears North 04 degrees 54 minutes 32 seconds Gist from the point of beginning; thence South 04 degrees 54 mhutes 32 s^uykIs Nest a distence of 432.04 feet to the pent of beginning. Contesning 34,013 segere toet mare cn less. Together with end subject to easements end reservations of record. / \ .V..-' ------ va S) L-V-X I s I crnf c'i>a OWNERS.- CYRIL JR 4 PAMELA KB^BB? OHNERSt KIP ERICKSON PARCEL NO. 36000200141002 PARCEL NO. 36000200141006 ONNERS: EDHARD 4 MERRY PROPERTY OWNER CERTIFICATE I hereby certify that the subdivided property described in the survey meets the County reegirements for public road access extd sewage treatment systems. PARCEL NO. 36000200141000 N23'02'4B*^ / \/n.62 %crI__ /k$F\ Pro irs/. t t / I oow/ 3.25 ACRE5±FToperty CXimer m IMPERVIOUS OVER * ^ PROVBED PARCEL D! ONNERS: YVETTE 4 STEVEN VANDERBRINK THIS SURVEY IS INTENDED TO PROVIDE ASSISTANCE FOR A PROPOSED METES AND BOUNDS SUBDIVISION WHICH WILL REQUIRE A VARIANCE GRANTING SUBDIVISION APPROVAL SURVEYOR’S CERTIFICATE I hereby certify that this is a true and correct repres&ntation of a survey of the boundaries of the cijove described land, and that this survey was prepared by me or under my direct supervision and that f am a duly Licensed Professional Land Surveyor under the laws of the State of Minnesota. Dated this Hth day of April, 20!&. PARCEL NO. 36000200141034 \ PARCEL Dl 34,013 5.F. ^ (0.7& ACRES,) \TO BE f^RMANENTLYi \ ATTACHED TO \ TRACT E J OHNER C3F TRACT D (41883 SPTTZER LAKE CIRCLE, CUTHERALLJ EDNARD AND MERRY JO STROOT 3030 LEXINGTON AVE N, UNIT B5 ROSEVILLE, MN SBII3 612-330-6633 \ \ \ <111 ADDRESS 41327 SPTTTSR LAKE ORCLE, CUTHERALL\ \Clem Howe Professional Minnesota License No. 17325 \\\urveyorOHNER OF TRACT E (41327 5PITZER LAKE CIRCLE, CLITHERALLJ YVETTE AND STEVEN VANDER^INK 1847 80TH AVENUE HARDMICK, MN S6I34 605-201-7005 \\\-tky' \o\CERTIFICATE OF SURVEY FOR:\ \\<m ADDRESS 41683 SPTTZ^ LAKE CIRCLE, CL/THBiALL \\\ YVETTE VANDERBRINK\ \SPITZER LAKE CIRCLE1\ I "J- I / /I ®\-------S8a‘40'4<1^N 733.43------- CBfTBSLiNE OF INGRESS 4 EGRESS EASEMENT \ 8 \CONTRACT NO. 133-13 FIELD BOOK AL5-<R8/53 FOLDER 133-18 DRAHN BY GEH I5 jRESS & EGRESS EASEIvlERT 58&"40'4<1'‘I41 RECOVERED IRON MONUMENT FALLS 0.25 OF A FOOT E'LY OF SH CORNER OF GOVT LOT 4 IMAns\yN04’54'32”E-^'IRECOVERED IRON MONUMBfT FALLS 0.25 OF A FOOT E'LY OF DEED CORNER <160.00I IS(P /500.00127.88 FIELD CREN JAK 102.121 CHECKED BY LIB/GEH DNG FILE 133-18 CRD FILE 133-18 \S88‘40'4R"N 627.88 SOUTH LINE OF GOVT LCfT 4 SEC. 20-BI-33 aS'.I /S88'40'4<1'‘N / , ^ .c6230.00.y\it-"/125.41 /DRANING NUMBER/S68'40'4<1''H 240.00 OHNERS: HANSON TST PARCEL NO. 360002001430(0 CBITER OF SEC. 20-131-33 (FOUND LARGE SPIKEJ RECOVERED IRON nONUMENT FALLS 0.22 OF A FOOT E'LY CP DEED CORNER /REVISION:RECOVERED IRON MONUMENT FALLS 0.66 OF A FOOT E'LY OF DEED CORNER SEC-THP-RG 20-131-39 /.SW CORNER GOVT LOT 4 SEC. 20-131-33 8548/ '5 / OHNERS: HANSON TST PARCEL NO. 360002001:0003 (SE CORNER GOVT LOT 4)