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HomeMy WebLinkAbout08000260199000_Variances_12-04-1997817008 v<^.Office of County Recorder jy) County of Otter Tail I hereby certify that the within instrument was filed °^'ce onjhe. iT of and was dirty Microfilfneci i •ifC L- i? for hctp --------------------- County Recorrcr .Deputy 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 * -K-K' C DAYTIME PHONE Z-U IpO Application Fee Receipt Number Mc<v\e gaA L>\\vPROPERTY OWNER Cl v\ Po bn Ul,\cp^ ADDRESS 6-i>;^^SSS' TOWNSHIP NAME C£X\~\(^(\ f LAKE NAME LAKE NUMBER LAKE CLASS H 1TOWNSHIP 1 RANGE FIRE NUMBER OR LAKE I.D. NUMBER^(___________ SECTION .^LiVtU NOV 1 0 cu y07 LEGAL DESCRIPTION , J & RESOURCE TYPE OF VARIANCE REQUESTED (Please Check) Structure Size___Sewage System____ Subdivision V ClusterStructure Setback Misc. SPECIFY VARIANCE REQUESTED ^ \zcvpNa\\ce cxWgvJ -vv oC a .in acKt. y^ece 0's 9'05^<v\j (X \c>V oP 7.-\b acves Cx^d -vw aA'4aChw(\t oC -VWl^ .2^ OKC\t oC ^ &>Z (^Cies 6-f actpiiMfv^ o\xy\e6 bxj Vie A (Vbd t)ox^ao, SxfauiVxorn* A « • •• 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. //- 7-^-7X SIGNATURE OF PROPERTY OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING SCAHIO(Applicant Will Receive Notification As To The Date/Time Of Hearing) -<Le-CL. 3 S ■ f ^Sj-O03 CXJ)^/^ ooo -f0O ^os ~ooo ^a^'Ooo ^OS'OOO }M)Accepted By Land & Resource ^ L & R Official/Date Date Of Hearing Time/^- V- 97 Motion Motion was made by George Walter, seconded by John Everts and unanimously carried, to approve the subdivision of a .27 acre tract from an existing 2.15 acre parcel for the purpose of conveyance and permanent attachment to an < adjacent 8.12 acre parcel with the condition that a registered surveyor’s drawing must be presented at the time of recording. 3 . Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management _____Yes (Contact Land & Resource Management) No '//-nCopy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0797-001 .a. 287.383 * Victor Lundeen Co.. Printers • Fergus Falls. Minnesota December 4,1997 Page 3 Arlan and Connie Swenson - Approved/Denied Arlan and Connie Swenson, Fergus Falls, MN, requested the following; “Replace the current deteriorating 34’ 4” by 28’ 2” cabin that has existed for 30 plus years with a new structure 34’ by 34’. I am requesting a structure setback variance to begin deck at 37’ 6” from lakeshore and begin the structure at 43’ 6” from the lakeshore. Secondly, I am requesting a variance to enclose the breezeway to currently existing concrete block retaining wall with screen and cover with a roof.” The property is described as Auditor’s Sub Lot 21 of Government Lot 5, Section 16 of Dunn Township by Fish Lake. The audience was polled with no one speaking for or against the request. After discussion and consideration, motion was made by Randall Mann, seconded by Robert Schwartz and carried with John Everts and George Walter voting no, to deny the second story deck, to deny the requested side lot line variances and to approve a replacement structure no closer to the ordinary high water level than the existing structure. It was noted that the applicants are not allowed to cover more than 25% of their total lot area with impervious surfaces. Verne and Lillian Beecher - Approved Verne and Lillian Beecher, Verges, MN, requested a variance to subdivide .27 of an acre from an existing 2.15-acre parcel for conveyance and permanent attachment to an adjacent 8.2-acre parcel. Neil and Donna Strawhorn presently own the 8.2-acre parcel. The property is described as a 2.15-acre tract in Government Lot 10, Section 26 of Candor Township by Lawrence Lake. The audience was polled with no one speaking for or against the request. Dennis W. Schurman, Attorney, represented the applicants at the public hearing. After discussion and consideration, motion was made by George Walter, seconded by John Everts and unanimously carried, to approve the subdivision of a .27 acre tract from an existing 2.15 acre parcel for the purpose of conveyance and permanent attachment to an adjacent 8.12 acre parcel with the condition that a registered surveyor’s drawing must be presented at the time of recording. Robert E. Gettel - Denied Robert E. Gettel, Andover, MN, requested a variance of 14’ from the required ordinary high water level setback of 100’ for the construction of a 24’ by 40’ cabin 86’ from the ordinary high water level and a variance to subdivide an existing 8 acre tract into two parcels. One parcel would have approximately 2.5 acres and the other parcel would have approximately 5.5 acres. A drawing of these two proposed parcels is on file in the County Auditor’s office. The property is described as an 8-acre tract in Government Lot 7, Section 35 of Maine Township by the Otter Tail River. The audience was polled with Dawn Bratlien speaking to the request. After discussion and consideration, motion was made by Cecil Femling, seconded by John Everts and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and the granting of the variance to subdivide the 8 acre tract would result in a parcel requiring a variance to place a structure. It was noted that the 8-acre parcel had many sites that would provide the applicant with a reasonable use of his property. Description of .27 acre tract EXHIBIT “A” That part of Government Lot 10 of Section 26, Township 137 North, Range 41 West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument which designates Meander Comer No. 10; thence South 89 degrees 58 minutes 43 seconds West 333.30 feet on an assumed bearing along the south line of said Section 26 to a found iron monument which designates Meander Comer No. 9; thence North 82 degrees 18 minutes 28 seconds West 283.08 feet to a found iron monument; thence North 00 degrees 00 minutes 00 seconds East 107.54 feet to a found iron monument; thence continuing North 00 degrees 00 minutes 00 seconds East 33.00 feet to an iron monument; thence northeasterly on a curve concave to the northwest, having a central angle of 35 degrees 56 minutes 03 seconds and a radius of 478.34 feet, for a distance of 300.00 feet (chord bearing North 49 degrees 42 minutes 02 seconds East) to an iron monument; thence North 31 degrees 44 minutes 00 seconds East 197.82 feet to an iron monument, said point is the point of beginning; thence North 00 degrees 00 minutes 00 seconds East 116.91 feet to an iron monument; thence continuing North 00 degrees 00 minutes 00 seconds East 51.55 feet to the centerline of County State Aid Highway No. 4; thence easterly along the centerline of said County State Aid Highway No. 4 on a curve concave to the south, having a central angle of 07 degrees 41 minutes 37 seconds and a radius of 1432.39 feet, for a distance of 192.34 feet (chord bearing North 80 degrees 00 minutes 12 seconds East); thence southwesterly on a curve concave to the southeast, having a central angle of 35 degrees 56 minutes 40 seconds and a radius of 287.94 feet, for a distance of 180.64 feet (chord bearing South 49 degrees 42 minutes 20 seconds West) to an iron monument; thence South 31 degrees 44 minutes 00 seconds West 102 .18 feet to the point of beginning. The above described tract contains 0.27 of an acre. SUBJECT to County State Aid Highway No. 4 right of way easement over, under and across that part of the above tract which lies within 50.00 feet of the centerline of said County State Aid Highway No. 4. MiscU.straw.hwy4 NOV 1 0 ISS? LAi ii) hiLO'w-U(s. .•1 ^ “EXHIBIT B” Vera and Lillian Beecher Property All that part of the east 525 feet of the west 658 feet of Government Lot 10, Section 26, Township 137, Range 41 which lies north of the centerline of State Aid Road No. 4 as it existed and was located in May, 1942, excepting public highways presently located thereon, which is more particularly described as follows, to-wit: That part of Government Lot 10, Section 26, Township’137;;Range 41 which is described as follows; Commencing at Meander Comer No.MO, located'on the,iSoutlvline.pLSaiHjSection 26; thence South 89°58’43” West 333.30 feet on an assumed bearing along the south line ofsaid Section 26 to Meander Comer No!,9; thence North-82° 18’;28” West 283.08 feet; thence North 140.50 feet; thence northeasterly on a curve, concave to the northwest having a central angle of 18°49’00” and a radius of478.34 feet for a distance of 157.09 feet (chord bearing North 58° 15’33” East) to the point of beginning of the tract to be described; thence continuing northeasterly along said curve, concave to the northwest having a central angle of 17°07’03” and a radius of 478.34 feet for a distance of 142.91 feet (chord bearing North 40° 17’31” East); thence North 31°44’00” East 300.00 feet; thence northeasterly on a curve, concave to the southeast having a central angle of 52°41’50” and a radius of 287.94 feet for a distance of 264.83 feet (chord bearing North 58°04’55” East); thence North 79.39 feet, more or less, to the water’s edge of Lawrence Lake; thence westerly along the water’s edge of Lawrence Lake to the intersection with a line bearing north from the point of beginning; thence South 425.81 feet, more or less, to the point of beginning. MiscIl.straw.exB 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 17th, day of November 1997 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Verne and Lillian Beecher, PO Box 37, Verges, MN 56587-0037 Rodney Richter, Twp Clerk of Candor, Rt 1 Box 40, Verges, MN 56587 Dennis W Schurman, 102 East Holmes, PO Box 419, Detroit Lakes, MN 56502-0419 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 Otter Tail County Public Heath Department, Courthouse, Fergus Falls, MN 56537 Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, RR 2, Battle Lake, MN 56515 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Robert Schwartz, RR 1 Box 4, Wadena, MN 56482 George Walter, RR 1 Box 314, Perham, MN 56573 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: November 17th, 1997 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud ULmJL'LAL.. L LjUlllcUl-i-V 1-U bUA b VLJiUAb., J'lH uGba7-OO05 Li’DlA KLATT 1^1: 2 BOX 2b2 V2RGA&, MN 50087-9501 KbViN j LVAN8 Jih i HUi. 28 V 21 ibAb, J'jN tit.88 V - 9 V b9 VEJil'iL; £c LILLIAN BEECllER PCI BOX 37 VEHGAC. NN 58587-0037f P'AIKILJ'. j ::.LLLbl 2 1 AL 42 .'J llii «L::.BLIlv 1 L,.LJ8_,Lb LAbAN, riN _i 51 2 lUCHARD 8 £. VERA 11 BLOSSUM 757 GENEVA AVE N OAKDALE, riN 55128 NEIL 8 ULiNHA GliiAWllUKH bl0 INGLE DJi: 0281AN, IN 48/>7 DARYL G DAHLMEIER ET AL 14802 N STH way PHOENIX, AZ 85022 J ' I BRC Tax System 11/12/97 12:42:43 OTTER TAIL COUNTY TG670RFreeform Image Print COVERPAGE *********************************************************************************C N E L S 0 NC N E L S 0 NC N E L S 0 NC N E L S 0 N******************************************************************************* ** * * •k 'k it * * * k k k k k k k k k k k k k k k k k k k k k k Report Selection: Freeform Type : U Freeform Number: 60 BLUEBAR Length: 6 Width: 35 Multiples: 1 Paper: LBL Select Model: 95 Sort Model: 1 Run Time Changes: N Summarize Keys: N Use Current Taxpayer: Y ) SELECT MODEL 095 SELECT UP TO 300 PARCELS PAYABLE YEAR ROLL TYPES PARCELS 1998ALLR 08000260191000 R 08000260192000 R 08000260192003 R 08000260199000 R 08000260202900 R 08000260203000 R 08000260204000 R 08000260205000 SORT MODEL 127 LAND&RESOURCE SORT AS IS Run Instructions:Jobq Banner Copies Form Printer Hold Space LPI Lines CPI L CNELSON 01 PI Y S 6 066 10 ^ Notice of Hearing for Variance Otter taii County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom it May Concern: "1"-. Verne and Lillian Beecher PO Box 37 Verges, MN 56587-0037 Dennis W. Schurman 102 East Holmes PO Box 419 , Detroit Lakes; MN 56502-0419 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 .-V December 4,1997; at 6:30 p.m., Ain the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) Individuals requirihg 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 2.15-acre tract in Government Lot 10, •; Fire#CL107 Section 26, Township 137, Range 41 - Township Name - Candor Lake No. 56r555, Lake Narne - Lawrence, Class - GD The variance requested is: a variance to subdivide .27 of an acre from an existing 2.15-acre parcel for conveyance and permanent attachment to an adjacent 8.2 acre parcel. Neil and Donna Strawhorn presently own the 8.2-acre parcel. Board (0Adjustnient Secretary UJDate: November 14,1997 , ■ : DENNIS W. SCHURMAN Attorney At Law 102 East Holmes - P. O. Box 419 Detroit Lakes, Minnesota 56502 Telephone: (218) 847-2142 Facsimile: (218) 847-2143 November 6, 1997 Land and Resource Management Department Otter Tail County Courthouse Fergus Falls, MN 56537 RECF ‘UOV 1 0 VaS? LANDS RE: Variance to Subdivide .27 acre tract of land Dear Sir: I am hereby enclosing an Application for Variance to allow the subdivision and sale of a .27 acre tract of land from Verne and Lillian Beecher to Neil and Donna Strawhorn. Verne and Lillian Beecher own an approximately 2.15 acre tract south of Lawrence Lake, As you can see from the enclosed Certificate of Survey, Mr. and Mrs. Beecher’s house is located south of County State Aide Hwy No. 4. The .27 acre tract of land that Mr. and Mrs. Beecher is selling to Mr. and Mrs. Strawhorn consists of an in place road, a portion of County State Aid Hwy No. 4 and an approximately . 1 acre tract of land east of the driveway presently being used by Mr. and Mrs. Strawhorn to get to their property and south of County State Aid Hwy No. 4. By this transfer, there is created a 20-foot wide driveway easement over a presently existing road, that it is my understanding, has been used for approximately 40 years since the change in location of County State Aid Hwy. No. 4 in that area. In fact, almost all of the property being transferred is covered by the new County State Aid Hwy. No. 4 easement or the old County State Aid Hwy. No. 4 road that has been not vacated at the present time. It is my understanding that Mr. and Mrs. Beecher has not used the property east of the centerline of the present driveway simply because it is separated from the remainder of their property by the driveway. 1 am the attorney for Neil and Donna Strawhorn who are purchasing this property from Mr. and Mrs. Beecher. Mr. and Mrs. Beecher have authorized me to represent them in this matter. Therefore, I would like to request that you notify me of the date and time of this hearing so that I may attend it on their behalf I assume my attendance at this hearing on behalf of Mr. and Mrs. Beecher and Mr. and Mrs. Strawhorn, wouldn’t require them to attend. Should you have any questions or comments, or should you require any additional information, please contact me. Thank you for your help in this matter. Sincerely yours. AN LAW OFf ICESC 4, Dennis W. Schurman DWS/jlg enclosures c; Mr. and Mrs. Strawhom Mr. and Mrs. Beecher LitOocum.ottzon.ltr i ii 1 v> un A j. t V* • at« iii'i • ^'•t -;•■■ . ife ( S)Sv‘ \ t ■i u;:,: ■:-I- 1 •■M fi' ■ •;■ r ■■Iv ■;;'6''!? -rr;‘ ;.ft ■i ■<1 , " *iiSi|| A'J?I ■ i ; i! ‘ A‘ > ;•41 LW*;•o‘i »■.ipi«i„1^1 #»t# #|f <■ ■':: I m i I 'iL i ■fAH '’?■ ■ '.i 2^.' j /.;'■• :, r <;•'A..;;. (1. ■ CH, = 255.59 ■;2>;;'r. J ,' 'k , CH BRGl = N5e*^4 .SS S ' :J . .-.' - '■' - ■ ■•:'■ '.:.f' ■.■j A'isH- ^'5T2 '‘S' ? AAtiii; ■ * ';'l< ■ ti.* ■; ^. j/. .J- I Miiiisi m «#| tisp /. •i'. ij i‘‘- '» llV 1 ■ l-~ •;. ■i ?,3-f>'C;.. . , , ,n'w*f pm » 4* +.i'.t:uIT) -'i'I;,:A ^:<r^.(C ■'i. .♦■ ; ■■ ^ 1 . ■ ''-’O.''AV‘^■''H '’t-r f,•i' . ‘ j!4 ■ ,i:>'• A' •'*•'• "v ,1 iifiV .' ^ If y ' V'-l: "n V: • - \ ,Ar'?y' tv3Aij; ; > f-i Ci: y u\\ j ml') ■ 'i..'4 >1 - ■ ”f' •'y*"" •" '• '■'r, '.•.•■'.Vv' "'' ' >'4,'L T'Wrr ’ •'. !‘-M ;.r-:m ts«-; f, i-»», '■ V;iV' I 'i'{'U .1’ g. ■ f;. '■',:;''. ■ 1 ' ' tfcl : A/: r V->. V •ci?y;LEG SKI): Softl#100» ©-Mttxi'amimts ln)>XA««*. ::"'■ i ;o--tgetsttsai&t*'- B9t:f- Bearings baetji f)i|» asatsaed di&tuqsi' >, ‘V- " '.4 ■■^: ‘ .y III Ia ;:.!i' 'a fX''t,= ir>07^Q3* ft r 470.3,^7r-y?.99 \ ;7 t: "s /| ■> ;■»■ S ^lli'f f A ■■/ ;!|A ■■ ^2;i;l,: ”iK;-^ i-.;,■ ns ■> f.=.- • :’«■.'•j.: ’<i m'M. I fi I : ^ 4 A' .'\ '' 'i i'1,. I'U l'•>>if-■ ;\f;•1. I>i i * f ’l>' jSS^I)^ v*>] CERTIFICATE OF SURVEY •or’■i iffe'I i C C.S.A.H. No. 4 •;\ ;\ \ \A = 33“ir’35‘ R=28r.94 _ L . 167.31 : 164.97 Southerly Right of way line of S C.S.A.H. No. 4 o>i , o \ 'A' «’20'59"ECH.: N 82CH-BRG / 7 \\\N /' ^PO/NT aVICINITY MAP 6 ^ Ol^’39'28" R = 1382.39' L - 40.00' CH. = 40.00' CH. BR6. - S 89°34 '20 "w \N.\05‘’29'49" R : 1382.39' 132.63' '32-5® o . Vc r N85 59 42 £ / ^\A =GOV'T LOT 10 SECTION 26 - 137 .-^ <1 \\\L =L = '83_40 CH. =I8^-® \CH. =\I \CH.BRG.\ICH.BRG \ ! i ! ! i! See Roy Smith Certificate I of Survey T 2866-I2R Ion Jan. 18. 1990. '0^.i .A .(K 40.00 S89°54'02"E i i i o\«>I ;! I i ^ irplace V<7- 1 I\ '' N I 1 May or may not < be Gov't Lot Line Survey line forotract closure purposes.p o-o m0° O oo 2 I I I I I S89°03'28"W1 \.•H\“3\ 5M Zr> -5o Meander Corner No. 10 ClEANiM® \✓LAKELOONV LEGEND >^S2°5r36"w 52.00' # = Denotes iron monuments found. o = Denotes iron monuments set marked with Minnesota Registration No. 12004. Orientation of this bearing system is assumed. Scale : I inch = 50 feet. CJN^ Surveyor Carl J. Nedberge survey data shown on Certificate of Survey TI58 in June 1948 -Rf i fiareo? csniiy ttiai tms survey, pioa, report was prepared by me of under my dir^tseTOp^rvision and that I am a dusy Regig- I Sunwyoff^uader th® law? ol it® SURVEYOR: ind Associates jional Center Minnesota Roy A. Smi Lincoln Pro Detroit Lah i£siW£Ull2O graphic *-50 sctda lOO rkjt«L T sn8-i5‘ » ! 4 !I . .1 4 4 s f I !5 i i ! i i 'i <v •BECE5\ 10NOV ;!> 1 !ii I