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HomeMy WebLinkAbout37000100054003_Variances_05-13-20046-l?>'2ooq OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that Ai this instrument#__ was fiied/recorded in this office for record on the, t ^ day of 9M\A at^ Wendy^L. M^cait County Fted hyl vkiniifynOriMVteRoi^ng ^ waIi certificate ut^ 954141 4am^mora^ THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCERECEIVED APR 1 3 2004 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.usLAND & RESOURCE 4 00 Application Fee t5~iCOMPLETE THIS APPLICATION IN BLACK INK y/^4-Receipt Number_ Accepted By / Date PROPERTY OWNER James R. & Gerane M. Schreiner DAYTIME PHONE 218-233-4120 3609 28th St. N., Moorhead, MN 56560MAILING ADDRESS 56-747 Lida LAKE CLASSLAKE NUMBER LAKE NAME RANGE 42 TOWNSHIP NAME Lida E'911ADDRESS 26032 Lida Shores Loop SECTION 10 TOWNSHIP 136 37000100054003PARCEL NUMBER LEGAL DESCRIPTION 1. Pt, of Sublot B, G.L. 4, 7, & 8, 6.50 Ac. Tr. (Book 471, page 35) 6.50 AC TR AS DESC. IN MISC BK 94 PG 591 A PT OF SL B BELNG IN GL 4, 7 & 8 TYPE OF VARIANCE REQUESTED (Please Check) Subdivision X ClusterStructure Setback Structure Size Sewage System Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BREIF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. SCO Section 1.4., 6 Owner/Applicant seeks to subdivide the 6.5 acre tract without platting to create an approximate two acre tract as shown, using the description shown without a registered surveyor's drawing, which will be permanently attached to Lots 25 and 26, Block 4 of Lida Shores (Parcel No. 3700990803000) and upon which no dwelling unit shall be permitted. The remainder of the 6.5 acre tract shall be attached to the 7.1 acre tract^l)!- oOo-iO- oo9»i|-Ovo). Section VII I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLSORDINANCE 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. SIGNATURE OF PROPERTYNOWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) hldJ^ !jCHi: 1^ -------j Mju io^ 5H~00^ - 00^ ' 00(^ -^OOl -oo^ -'OI Odup ~o/^ i094 f09(fO / O^iff'OO^du^ lo42 dj fOd4 d //06 ^ho/iU^;,0'Z/l4 l/S ■ /- idn ^04 7f/loorojdup 101 "O' d dtLp 79f ^0 /ro/m103 dUuf^ ^Of )/7?2Date Of Hearing Time 7 Motion James R and Gerane M Schreiner - Approved the variance as modified and with conditions. (6:35 p.m.) After discussion and consideration, Randall Mann made a motion , second by Steve Schiererand unanimously carried, to approve a variance to subdivide a two-acre tract from and existing 6.5 acre tract with the following conditions: 1.) a registered surveyor’s drawing must be provided, 2.) the two acre parcel must be permanently attached to Lots 25 and 26, Block 4 of Lida Shores, 3.) the balance of the 6.5 acre parcel must be permanently attached to an adjacent 7.1 acre parcel, and 4.) the area contained within this two acre tract cannot be used when determining impervious surface coverage for front lot (Lots 25 and 26) development. The Board noted that requiring a registered surveyor’s drawing is consistent with past actions of the Board of Adjustment and that an economic hardship, by itself, is not an adequate hardship that would allow for the granting of a variance from the registered surveyor’s drawing requirement. 'Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management X Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 0204-001 317,340 • Viclof Lundeen Co, Printers • Fergus Falls, Minnesota WARRAJSTY DEED.Ponn No. 11. MioDasoto Unifofm CoDTeyaoninc Bl&nkt OOWALD PUaLISHINfl CO., NEW ULM. MINN.-fiki N0i'/[aA\Ul^Ctirponitlon to Joint Tenants. %\}is Made this._.'kl‘:.?r..t.#:n£QUXtir.,day of. between............................................................................................... a corporation under the laws of the State o/....]!liDIie.aQ.tg.., party of the first part, and) .i5d£s_]d..od:a:e;i^e^.jjad..Ge^C£..L,...dc;hr£lx’ftr,...i:ki:iiiaid...aj2d...jiii;e..ij.a..4u:uii..±£iiari±2.............. and State of.of the County of. second part. parties of the Witncsseth, That the said party of the first part, in consideration of the sum of...... to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and Convey unto the sa^d parties of the second part as joint tenants and not as tenants in common, their assigns, the survivor of said parties, and the heirs and assigns of the survivor. Forever, all the tract....... or parcel.......of land lyin^ and bein^ in the County of ,....Cilez..dail...........................and State of Minnesota, described as follows, to-udt: ' tr-:ct of Tar:" stt- uateciir: the County of Otte?' TsiT ^..^.^..-=DOLLARS, ; ; Ctc-te c-^ fCnnesota he in,' the "o,1 loTvin-"' fescriterl pa.rcel located in novemment Lots ? and 3, of Section 1C fJ? I30 forth, ’’ange L?. 'Jest of the fifth Lrincipal Keridian: Commencing at the most northerly corrier of Lot 1, floc> f. of "Lida Shores" accordiXig to tne Official Plat thereof on file and of record in the office of the Pegister of Leeds of said County; thence north 5? degrees 4Q minutes 'Jest 71.38 feet; > thence southerly and northwesterly along the westerly ano’ northeasterly right-of-way lines of the D.CDICAITTD PLiBLIC ROAD-LvY, accojxiing to ss.id Cfficia.l KLst. of Lida Shores on the next following nine courses;^outh 12 degreevS 29 minutes Jest 184.19 feet, South 00 degrees 4o minutes Jest . iloy.66 feet, South 03 degrees 45 minutes East 230.36 feet, South 05 d.egrees ^>6 minutes Jest vd feet, South 29 degrees JC minutes Jest 42.69 feet, South 59 degrees 21 minutes Jest 9 |34.44 feet, north 84 degrees 02 minutes Jest 50.5? feet. North 59 degrees Ic minutes Jest CL ?8.Jl feet, and North 3? degrees 48 minutes Jest 240.00 feet to the pla.ce of teginning; North 39 degrees 48 minutes Jest 89.24 feet, North 4l degrees 21 minutes .'est I6P.9G feet, North 46 degrees 22 minutes Jest Ifi.9'6 feet. North 56 degrees 25 minutes i'est 9l’'«4C feet, and North 73 degrees 50 minutes Jest 10.31 feet along the northeasterly right-of-wav line of said LL’DICATED PUBI,IC RCADJAY; thence thence KoTth I6 degrees 10 minutes East 103.73 feet; thence North ;?3 degrees 50 minutes Jest 535*10 feet; thence North I3 degrees 15 minutes .Last 291.26 feet, more or less, to the former centerline of Otter Tail County 7i,ghway no. 4; thence southeast- jerly along said highway former centerline approximately 725^0 feet to a point trierebn which , jbears.North 04 degrees 45. minutes, ly seconds Vest from said place of beginning; i04 degrees 4f minutes 1? seconds East approximately ?20 feet to the place of beginning jtaining 7.10 acres, more or less, exclusive of-that part of the ri,cht-of-way of said County jNighwaj' No, 4, as presently locctec, contained herel;:-, r-nd subject to a,ny s,rd all ipesp^erts^-i^;^,inin^: ^to3:iphw: y r:g'4r-of-uay , Crant'ceri,5,fles oons’derPtToi;, due u w: '£ute of MN 1.. Have ethd^id'Tlold the Same, Together with all the hereditaments and appurtenances thence douth con- thereunto belonging or in anywise appertaining, to the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, Forever, the said parties of the second part taking as joint tenants and not as tenants in common. And the said party of the first part, for itself and its successors, does covenant with the said parties of the second part, their assigns, the survivor of said parties and the heirs and assigns of the survivor that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, And the above bargained and granted lands and premises, in the quiet and peaceable possession of the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. In Testimony Whereof The said first party has caused these presents to be executed in its corporate name by its...................... President and th<!....lnor.ut;:xy.LT;canuxur.a7/d its corporate seal to be hereunto affixed the day and year first above written.■ - "... .........'<-r President! ^tate of jHinnes;ota,ss. County of. , 19.7.Z...., before me, ...withiri and for said County, personally appeared .and..........................^.........j...................................................-.......... r-On this.day of. 1 ra to me personally knoiun, loho, bein^ each by me duly sworn. President and the. did say that they are respec- .....of tKeTcorporation named in the fore^oin^ instrui}Lent, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by author­ ity of its Board of...........................................................and said.............. and.....................................................................................acknoudedged said instrument to be the free act and deed of said corporation. lively the •V, I s I 3'"'Minn.J^otary Public. My commission expires , 19. THIS INSTRUMENT WAS DRAFTED BY (Name) .i-... •^^si : Minnesota DEPT. OF = ■ •TAXATIONS (Address) 5?^ C3) Taxes to be foxo;eiTed to; Jaiiiss T. Tchreiaer «> DEED” - STAMP^ov-27b z I f. 00•••«=> TAX.'T 9^11128 : I'l'T. rc:rtii.'b ccrtiticate of _. VvT^ TC2j estate-: riaVB bceri L^5‘U '0f / IS ^ ! U N /h>£b ■us ; r &>■g 0)2 I s, ~ 5 (D•o ^ ST? o- I T'? r»- O)OJ <— T) t sj-iP :rajl ; Q D o 0 2 <S X5c 5b 2 ■g >'V:.C g f-/ t;-g _ 0) S D .It a>■sI-8g o c't >H I S'.9 o £ o PCS I S ■O o2f(l T-n^l) "VK I ,7SJ|£(f?-- S ^ O (fu. -i\i o S ^ .no X3 O .E cHV s 'K)CD\- b N'"I ° -5 [/I (D 'Y .'N ■g ^ 'T ■ V ■o (St \) ^ b m V* O C CQ5 VnJ.9 <5; h- 5 C/5 S -o II g q;c 31>■g :n V\^ X “ ' wn'l <D "D ■Q 1) O TO V.r-.CDCD rb “ iX r--ts s;g Z QOCQ X'I (XNLt) WARRANTY DEED._______________Pproi-NQ^ll. Minnesoto Uniform CooT«yaDi;iaf BUoki ML^LLi.l!>l._M.LMMa_____ corporation to Joint Tenantt. ;%\flS Made this. .Crys*Al..Eark*..lmi»......... l£tu.day o/....N.Q.Y9mfc©X.’H-.-si*f between. u corporation under the laws of the State of.....-Kiimesata. ....JameB..R*..Schreiner..&..G©rane..M—Sclireineii,...ii\ishand-&..wifa,.-as.4oiiit-tenan.ts- of the Coun^ty o/.....C.lay second part. , party of the first part, and .and State of parties of the Witnesseth, That the said party of the first part, in consideration of the sum o/...One.JJollar...(-$l*OQ)..and-o-thex—good.j3onsid.eratioa. to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell, and Convey unto the said parties of the second part as joint tenants and not as tenants in common, their assigns, the survivor of said parties, and the heirs and assigns of the sundvor. Forever, all the tract —mmss. or parcel and State of Minnesota, described as follows, to-wit; ’of land lyin^ and bein^ in the County of\...-Otter-Tail- LEGAL DESCRIPTION T•j A tract of land situated in the County of Otter Tail, State of Minnesota, beins the following described parcel located in Government Lots 4, 7 and 8 of Section 10, Township LjS North, Range 42 West of the Fifth Principal Meridian: Commencing at a point on the southerly right-of-way line of Otter Tail County Highway No. 4 where the same is intersected by the easterly right-of-way line of the PUBLIC ROADWAY, according to the Official Plat of "Lida Shores"; thence southerly along said•easterly right-of-way line on the next following three courses: South OS degrees 15 minutes East 271.86 feet, South 10 degrees 37 minutes West 85.5^ feet, and South 19 degrees 48 minutes 'West 96.88 feet; thence South 60 degrees 42 minutes East 565.00 feet to the place of beginning: thence South 02 degrees 33 minutes West 372.58 feet to the northerly right-of- way line of said PUBLIC ROADVJAY, according to the Official Plat of said Lida Shores; thence northeasterly along said northerly right of-way line of the pub­ lic road on the next following eight courses; South 70 degrees 22 minutes East 131.81 feet. South 89 degrees 45 minutes East 73.56 feet. North 65 degrees 39 min­ utes East 68.24 feet. North 49 degrees 02 minutes East 112.17 feet. North 42 de­ grees 28 minutes East 171.18 feet, North 67 degrees 29 minutes East 97.69 feet. North 83 degrees 34^ minutes East 82.20 feet, and South 73 degrees 50 minutes East 77.69 feet; thence North I6 degrees 10 minutes East IO3.73 feet; thence ^'orth 73 degrees 50 minutes 'West 535.10 feet; thence North I3 degrees 19 minutes East 291.26 feet, more or less, to the former centerline of said County Highway No. 4; thence northwesterly along said former highway centerline approximately 195 feet to a point thereon bearing North 13 degrees 19 minutes East from said place of beginning; thence South 13 degrees 19 minutes West approximately 482 feet to the place of beginning, containing 6.5O acres, more or less. of the second part, their assigns, the survivor of said parties and the heirs and assigns of the survivor that it is well seized in fee of the lands and premises aforesaid, and has good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances. And the above bargained and granted lands and premises, in the quiet and peaceable possession Of the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. !In Testimony Whereof, The said first party has caused these presents to be executed in its corporate name by its President and '■ ~-f i and its corporate seal to be hereunto affixed the day and year first above written. i CRYSTAL..PASK>■ ; -- -■g .* - . • •Vf--«•• • President /«*.. .V.lci8L. j?r.es.il©xit___ j ^tate of iHmne£(ota, ■'l-y ss. County of. "'a'-'ch , 192On this.before me, ...within and for said County, personally appeared .and....2^Z)l.Z!..2f}2t%:^.......................................... day of. a .^r.e'« to me personally known, ivho, being each by me duly sworn. Vi re -’-es..did say that they are respec- .......of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said President and the.tii’cly the !corporation , and that said instrument was signed and sealed in behalf of said corporation by author­ ity of its Board of...........................................................and said....l..’...^.:.‘....... '..f?f?:.f...................................................... * '' ,acknowled§ed said, instrument to be the free act andand deed of sa.id corporation. •'na'^ori , :ri.'" :.eov.■'clay / iN'otary. Public County, Minn. ■Vec,My commission expires , 19. THIS INSTRUMENT WAS DRAFTED BY LaV.ojme.. E... Thr ane(Name) .. - Route. .#1... Box.. 1.7 Q^A... Audubon^.-MN...56-511(Address) f BO^ -a- Drni-'55 3T..;v;rc=>'T' TAX PB. 1!!23 V I n I W I s SI2 I i * ? to■o “• ” -D - (U 0)s Q - ^5&"S i ■g O)1yQo■'-rsy o’ o , - 1-.^" “ VJ > O i. (/T '■> ' rv V <\j1(?2V^ N Nc q3 rv ' f\ f/i V Q'-O c 5 5 O'-.‘S ujN ^ , 5 .° -N ^fc z, -B 9. I-■VtCOc\^ IE- - .2 uA 2 , 1 ,0U-iMli •S-mNC V to oiO \ \V' .C- -rJ </5 0) t/5to V' 'S ^ ^ -i 8P ^ po OQ O ^ c;7■g r-^ 3I I .<.o ■&. i8<■'NV CD X.is > 8-."■'I\'gi:C> ^"5 N ■p•p r ■rA -S - Im S\■g ^ 8 ^ 2 D C/5COO >;$o CD v:t:r/rro::~T i ?* LEGAL DESCRIPTION A tract of land situated in the County of Otter Tail, State of Minnesota, being the following described parcel located in Government Lots Seven (7) and Eight (8) of Section Ten (10) , Township One Hundred Thirty-six (136) North, Range Forty-two (42) West of the Fifth Principal Meridian: Commencing at a point on the southerly right-of-way line of Otter Tail County Highway No. 4 where the same is intersected by the easterly right-of-way line of the public roadway, according to the Official Plat of "Lida Shores"; thence southerly along said easterly right-of-way line on the next following three courses: South 06°15'00" East 271.86 feet. South 10°37'00" West 85.54 feet, and South 19°48'00" West 96.88 feet; thence South 60°42'00" East 565.00 feet to the place of beginning; thence South 02°33'00" West 372.58 feet to the northerly right-of-way line of said public roadway, according to the Official Plat of said Lida Shores; thence southeasterly and northeasterly along said northerly right-of-way line of the public road on the next following four courses: South 70°22'00" East 131.81 feet. South 89°45'00" East 73.56 feet. North 65°39'00" East 68.24 feet; North 49°02'00" West 112.17 feet; thence North 42°28'00" West along the northerly right-of-way line to a point on said public roadway which is on a line which is the northerly extension of the easterly line of Lot Twenty-nine (29) , Block Four (4) , of Lida Shores; thence North 08°39'00" West along said northerly extension 85.00 feet more or less, to a point on said line located South 60°42'00" East from the place of beginning; thence North 60°42'00" West a distance of 360.00 feet more or less to the place of beginning and there terminating; containing approximately 100,000 square feet more or less. RWB:ch/jt 2004-7025 I /c . >- ;*X ’.;hV'*■: •>j ^'V. , ’^u iiti'ij.-ij;toV^»i>y: ^-;■*r \• .'. r Ui :■a.‘j •-. .."i ■ ;i -'"t-. ■ A :i-I r h-i<' ■ V'j ■ ■ ■ "is:s ■■ ■'4t i v" ■ ■■' i' 4i..'■ ; r i' V, os:3 ■ V 5 j. /is.soI triA ,*• ■m%mW =i^-t 4 kLotB B■:--^0ym i* «*|%:-%f4 :<■' % •i. ■ Oi : rt.,^ : Jp X3O occ