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HomeMy WebLinkAbout37000330190028_Variances_07-07-2011n’l’ioW DOC# 1094639>94639 1094539OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA Fee: $46 00 Certified, Filed, and/or Recoraea: July 13 2011 10:00 .AM Wendy L. Metcalf, Recorder Well Certificate [ ] Rec'd Returned To: LAND & RESOURCE By: NDB THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE RECEIVED 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 JUN 1 5 2011 LAND & RESOURCE ^ 4oc>Application Fee Accepted By / Date U " \ 11 COMPLETE THIS APPLICATION IN BLACK INK Receipt Number /.OaJ Cp DAYTIME PHONE ^0 Z. - L.&0 ZPROPERTY OWNER I‘4-ip IZ C .SrMAILING ADDRESS L I DA 6I>LAKE NUMBER ~ T41 LAKE NAME _LAKE CLASS L iDASECTION TOWNSHIP RANGE M Z- TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESS Ilo.li^-ht Lf\Mf1>1 - or C'- - o r, r - o LEGAL DESCRIPTION T>4 iM GL I lor''/ iLc' v Go' ost Lk y ksZ R£C Ak 'T-ZL Rtr T Ar GL'2 ^'/4 S 33“ vjy 2c 3.0-)', S 4 1 ° W 4 &o', S vU 14 . ^o ', ^ qz‘=t^<4z', To Pr & t56‘Luloo', S ^ i Z'‘ £ %L Zi ' , S Io'f2o.lo'^ Cofi~ -iec 33 £r Zt>' S 1 BI.Zc' 5'fe" c (13 33 5 22° w 5<S? o I \ S 5e>”to 350.-50' , U UJ lui .tfc' TO 86- TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback X Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. Ri2.p(6.C8. DrUv..ji. sui triple ^7^ -fr6tY\ OHUJL^ Lui re-^lcLie. cJ«c|c 75' ScftdcL, . )\jt^ daxk sU-' OfHwJL Zflxux 4ii_g_ ls LaU i t Ljl L>Z‘ -fi d Ac-lc- $jr.0-HuJt (,>£<• 3w.5I VlO^L >w 1 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. SIGNATURE OF PROPERTY OWNER I AGENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 1 ^Ol(1Date Of Hearing Time Motion Lon G. Larson - Approved the variance application as requested with a condition. (8:25 p.m.) After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve the variances as described in the application dated June 13, 2011 and as depicted in the drawings submitted with the variance application with the condition that no more than 25% of the total eligible lot area can be covered with impervious surfaces. It should be noted that the proposed development is back and away from the lake as it compares with the existing development. The propose development will be an improvement to the property. It was highly suggested that the applicant consider removing or relocating the existing shed down by the lake to a more compliant location. The applicant indicted that he probably would follow this suggestion. Chairman/otter Tail County Board of Adjusmient Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) No 'yi: Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR pfficial/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota 910728 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed { ) not required. Certificate of Real Estate Value No. OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this Instrument # _910728 ■’ (Vter)was filed/recorded In ttis office for record on foe J day ofWayne Stein, County Auditor Wendy Lby: 1a. L JiO.CO^Deputy well certificate single Individual to Multiple Individuals Minnesota ' ■■ OTTER TAIL j'JUMaga ^ oateCZY' QOTT CLAIM DEHD t (shall caovey a£tar-acqulr«d title) This Indenture effective the 30th day of August, 2002, from Grantor to Grantee: Definitions.For the purpose of this Indenture:1. "Grantor" shall mean DeLores C. Larson, a single individual, whose mailing address is 1306 South 2nd Street, Moorhead, Minnesota 56560. a. b."Grantee" shall collectively mean: (1)Lon G. Larson, vdiose mailing address is 14612 Elm Street, Omaha, Nebraska grantee of an undivided one-third (1/3) interest in the Property; 68144, and who Is the Gary C. Larsen, vdiose mailing address is 6355 Golf CoTirse Road NW, Cass Lake, Minnesota 56633, and vfoo is the grantee of an undivided one-third (1/3) interest in the Property; euid. (2) David 0. Lcurson, \diose mailing address is 425 7th Street South, Moorhead, Minnesota 56560, and \dio is the grantee of an undivided one-third (1/3) interest in the Property. (3) "Indenture" shall mean this quit claim deed between Grantor and Grantee.c. ‘ ■ * "Property" shall mean the reinai»'»«^«w -iTih^^Tt^gt in the following described real estate, together with all isproivements, heredita­ ments and apptirtenances, in the County of Otter Tail, in the State of Minnesota: d. Part of Govemment Lots One (1) zind Two (2) in Section Thirty-three (33), Township One Hundred Ihirty-six (136), Range Forty-two (42), described as follows: Cconnencing at the Northeast (NE) comer of said Government Lot One; (1); thence running due South 89.0 feet along the East line thereof; thence South 22®16' West 464.4 feet; thence South 33®10' West 203.8 feet; thence South 40®55' West 480.0 feet; thence South 58°14' West 552.0 feet to the point of beginning of the herein conveyance: Thence South 58°14' West 100.0 feet; thence North 16°46' West 160.0 feet more or less to the waters edge of LcJce Lida; thence Northeasterly,alo^ the lake 60 feet to a boundary line bearing North 23°58' West from the point 'Of beginning; thence South 23°58' East 148.0 feet more or less to the point of beginning (con­ taining 0.21 acre more or less). The parties of the first part also grants to the parties of the second part, their successors and assigns, and appurtenant to the tract herein conveyed, for the p\n:pose of ingress and egress, ^ easement in common with others to use for road purposes, a strip of land lying East euid Southeasterly within a distance of 33 feet from a line beginning 36.4 feet East from the Northeast comer of said Govemment Lot One (1) and running as follows: South 22°16' West 560.5 feet; South 33°10' West 203.8 feet; South 40°55' West 480.0 feet; South 52°20' West 74.2 feet; South 42°27' West 42.0 feet; South 70°27' West 89.2 feet; South 58°14' West 450.0 feet and there terminating, said roadway easement being a pcurt of Government Lots One (1) and Two (2) and the Northwest Quarter (NW^) of the Northeast Quarter (NE|»0 of said Section Thirty-three (33). 2. Consideration and Conveyance. For a valuable consideration, the receipt of vhich is hereby acknowledged. Grantor hereby conveys and quit claims the Property to Grantee, subject to a life estate reserved by Grantor. Minnesota State Deed Tax,Minnesota State Deed Tax shall be due in3. the amount of One and 65/100 ($1.65) Dollars. -2- '; k 4. After-.Acguired Title. This Indenture shall convey all after-acquired title of the Grantor. Benefit. This Indenture shall benefit, and shall be binding upon, the5. parties and their re^ective successors in interest. Deliores C. Larson, Grantor The total consideration for this transfer of property is $500.00 or less. STATE OF MINNESOTA ) ) ss )COUNTY OF CLAY On this 30th day of August, 2002, before me personally appeared OeLores C. Larson, a single individual, known to me to be the person vdio is described in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her free act and deed. I IROSALYN R. BUCK ^ NOTARY PU8LIC-MINNES0TA j MyCo«im;ssfonEj(pif0sJAN.3T.2OO5 j IIiw:i+— THIS INSTRUMENT WAS DRAFTED WITHOUT OPINION BY;REAL ESTATE TAX STATEMENTS TO: DeLores C. Larson 1306 South 2nd Street Moorhead, MN 56560 Gregory P. Hammes Gunhus, Grinnell, Klinger, Swenson & Guy, Ltd. Attorneys at Law 215 30th Street North P.O. Box 1077 Moorhead, Minnesota (218) 236-6462 WLG-2831-1 KAS\WILLS\LARS0ND1.QCD 56561-1077 -3- July 7; 2011 Pagfe # 5 L-arson - Approved the variance application as requested with a condition. (8:25 p.m.) Lon G. Larson, part of Government Lots 1 and 2, Section 33 of Lida Township by Lake Lida, requested the following: , Replace existing cabin using same setback (79' from ordinary high water level) but replace existing deck within the 75’ setback. New deck stairway to be 62’from ordinary high water level versus existing deck stairway that is 53:5'from ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Steve Schierer made a motion, seconded by Thomas Lee and unanimously carried, to approve the variances as described in the application dated June 13, 2011 and as depicted in the drawings ’ submitted with the variance application with the condition that no more than 25% of the total eligible lot area can be , covered with impervious surfaces. It should be noted that the proposed development is back and away from the lake' as it compares with the existing development. The propose development.will be an improvement to .the property. It was highly suggested that the applicant consider removing or relocating the existing shed down by the lake to a more compliant location. The applicant indicted that he, probably would follow this suggestion. Tracy and Chris Mitchell - Approved the application as requested with a condition. (8:35 p.m.) Tracy and Chris Mitchell, part of Government Lot 4, Section 23 of Leaf Lake Towriship by Middle Leaf Lake, requested the following: variance from 100’ ordinary high water level setback requirement sought for 16’ by 80’ manufactured home, set no closer to lake shore, as both existing and proposed locations are 87’ from ordinary high water level. The audience was polled with no one speaking for or against the variance as requested. After consideration.and discussion, Steve Schierer made a motion, seconded by Michael Harris and unanimously carried, to approve the variance as described in the variance application dated June,15, 2011 and as depicted in the drawing submitted with the application with the condition that all other structures (shed and detached 14’ by 17’ patio) must be in compliance with the ordinance and/or previously granted variances. It was noted that the new manufactured home will be no closer to the ordinary high water level than the existing structure. David Hauser, County Attorney - • t‘ ■ . -,r David Hauser, County Attorney, presented and discussed proposed language changes to the Shoreland Management Ordinance which are necessary to bring the county’s ordinance into compliance with recently passed legislation. Mr. Hauser requested and received input regarding these changes from the members of the Board of Adjustment. With no further business, Randall Mann, Chairman declared the meeting adjourned at 8:47 p.m. 4 Prepared by: Wayne Stein, Secretary The minutes were mailed on Friday, July 8, 2011 to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly schedule meeting. 4 SCAtE DRAWING FORM.1 I -oi^c- OZfe Tax Parcel Number(s) 1The scale drawing must be a signed drawing which includes and identifies a graphic scale (feet), all existing and/or proposed structures, septic tanks, drainfields, lotlines, road right-of-ways, easements, OHWLs, wells, wetlands, topographic features (i.e. bluffs), and onsite impervious surface calculations.■t ■; ■■ % Impervious Surface Ratio (Must Complete Worksheet On Other Side) Scale I-/ ;..f f T ■■ ir r 1 \ --j-f- 1 \ \ \ . I;I II1 t'!i-I IT T I .j..-rII I ) ■■I ....T•i .....f/..!■■] 1' / '• T r r ■ fxrtI..!..i1 !-.r:r:[;iti-t-^ ?...;...T f..! -4- [- \-.f..r..r M -I 1 I i f htI i[+t i f■i T +■I f +T ■H"[ 1. ..L. 1 •4 r -----OfiiXit ■■■■i ..i.......I........ (Vfe" - 10^CK.C N •4...t''!j-j.... !•tf...i Iti.i ... .4 REC !T IVHD JUN; ^ UVND&FlESOURCe f -[ :;.....i.i" T f' r - ■ f-!- 13 2o f I r/tn/V fy-'...J .I 4 '[ 4" i ' t' 1 '4- Signature of Property Owner Date BK —0909 338,596 * Vlcto Lund*«n Co. Printers • Fergus I alls. MN • 1r80O346-4870 .1 ; II i IMPERVIOUS SURFACE CALCULATION WORKSHEET: List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing): IfcfoU Ft2Structure(s): ____ Mouit 4- if4o Deck(s): ____ Driveway(s): ____ (l* (ift ,c|t) Patio(s): ^foop _____ ii&_Ft2 So4 Ft2 H__Ft2 Sidewalk(s):^ii()p‘'^ Stairway(s): II__R2 Ft2 0 Ft2Retaining Wall(s): 0 Ft2Landscaping: (Plastic Barrier) Other:___Ft2 Ft2TOTAL IMPERVIOUS SURFACE: It,^lo Ft2LOT AREA: . 2.^15-iqiM 25. n1 ^\5lo X100 =.% IMPERVIOUS SURFACE RATIOLOT AREATOTAL IMPERVIOUS SURFACE ('4?+U,o)/z -Lo|- av-AA. 3,ofco'^ lS48D V- 25 X KVvju-^IZ.SZo •I 4^.1 Lon &Oeanna Larson 24282 TwghlightLn Lake Lida l; [;/l:I drainiieidfor4 bedroom home \ I I I f i /.-■-H H-ir' f^ECElVED JUN I 5 2Qn LAND & RESOURCE Pressure effluent line Gravity sewer line ----------j •/.K<..... o / o / Seteddjne • — Lot Une -----Sewer Line & Dram FieM----Stucti/es R 50.00' [feep wel setback / / /Scale: r = 3ff/ ^— ao.oo' —^/ deck & stairs / /“7[ Super Septic & Excavation 389921B3rdAve Pelican Rapids, MN 56572 License #901 21^863-3373 / / / / /L /' f'^6. - f‘J ^ I' h 0 r"i /'<«C 0I Pj ^ Xl^ Xv IA •^u_ 5.0 •' . -s ■>'< 5^^. ^ .' A ’'i / /^/-'c <r r Ki ^I \r ,(r^r / / / / a >^c? S' ^ S"/ Csi ' TO £i//l^ L 53' t4-4)-7 s-^efS T 5-/epS I-f-0 OHUL^ By. hc.j£L(_ i ■77 *7biC 3 oatl./ \ ■ ? ///looil{.v'»-ki^v' <l(ppni7( Xfc' (tfeov^O lt,[<£. ^X\llA —>7CI iIj :Ry ^(a3^i4V0 / PlD^^ 10 ^Ja'O. 1 { Ud\0.^rt»l 4l?0{/Z U 0l{ dftf vfi UCvAi i i 6/. Jo sib\4~. St^dUudr^—Plizr"; i I \ RECEIVED JUN 1 5 ?01t LAND & RESOURCE oKuiL. OMUiL / L*/U- N Existing Deck with Stakes Depicting New Deck Rim Joist, Landing & Stair IRECEIVED JUN \ 5 ?01l LAND & RESOURCE ^ ■« . 1 'v , Joiststair edge Looking easterlyLooking westerly Stair edge i: Notice of Hearing for Variance Otter Tail County Government Services Center 510Fir AveW Fergus Falls, MN 56537 (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us www.co.otter-tail.mn.us Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Lon G. Larson 14612 Elm St Omaha, NE 68144-3260 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, 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, July 7, 2011 at 7:30 p.m., in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Fails, 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 Lots 1 and 2, Property Address - 24281 Twilight Lane Section 33, Township 136, Range 42 - Township Name - Lida Lake No. 56-747, Lake Name - Lida, Class - GD The variance requested is - the following: Replace existing cabin using same setback (79’ from ordinary high water level) but replace existing deck within the 75’ setback. New deck stairway to be 62’ from ordinary high water level versus existing deck stairway that is 53.5’ from ordinary high water level. ’Wayne Stein Board of Adjustment Secretary Date: June 16, 2011 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 17"^, day of June 2011 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Lon G. Larson - 14612 Elm St.., Omaha, NE 68144-3260 Denise Boe, Township Clerk - PO Box 382, Pelican Rapids, MN 56572 Lake Lida Association - C/0 Bob Engeistad, 1506 S 12"^, Moorhead, MN 56560 Lake Improvement District - None f. Otter Tail County Cola, C/0 John Matteson - 23562 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer - 505 S. Court St., Suite #1, Fergus Falls, MN 56537 Department of Natural Resources - 1509 1®* Ave N., Fergus Falls, MN 56537 DNR Regional Administrator-2115 Birchmont Beach Road NE, Bemidji, MN 56601 Board of Adjustment: Michael Harris - 35387 Northern Lights TrI, Richville, MN 56576-9672 Paul R. Larson - 21283 County Highway 65, Henning, MN 56551-9573 Thomas (Tom) Lee - 15600 County Highway 118, Elizabeth, MN 56533-9559 Randall Mann - 532 N Ann St., Fergus Falls, MN 56537 R. Stephen Schierer-32117 260*'^ Ave, Erhard, MN 56534 Dave Trites - 20944 Westwood Dr., Clitherall, MN 56524 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: June 17, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud