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
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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'^
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25 X KVvju-^IZ.SZo
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Lon &Oeanna Larson
24282 TwghlightLn
Lake Lida
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drainiieidfor4 bedroom home
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f^ECElVED
JUN I 5 2Qn
LAND & RESOURCE
Pressure effluent line
Gravity sewer line
----------j
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Seteddjne
• — Lot Une
-----Sewer Line & Dram FieM----Stucti/es
R 50.00' [feep wel setback
/
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deck & stairs /
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Super Septic & Excavation 389921B3rdAve
Pelican Rapids, MN 56572
License #901 21^863-3373
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RECEIVED
JUN 1 5 ?01t
LAND & RESOURCE
oKuiL.
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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