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37000991051000_Variances_08-09-2018
Date Stamp 1210633 'OD ■^ECEIVtD J-’i- 10 2018 CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 08/21/2018 11:22 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC'D: N COlI-j CNJCO o :CO • ■Xo'— '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 Application Fee^_____ COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date U)S>t AAvSr /^hRcb iSiA/^0^ ft /l{ ¥2-te. PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS A/HLAKE NUMBER ^^ '76-6/^ LAKE NAME LAKE CLASS (CSECTION TOWNSHIP RANGE TOWNSHIP NAME Op ^ ' S L.A)<£PARCELNUMBER ? 9 O 0 9 g ^ ^E-911 ADDRESS 7-3'/ 1? ClHok ^ Chs£RR^ ?£c/£A^ /-iV f C S~7 7- LEGAL DESCRIPTION ^7j\/\£:r A/ of Ao b iTcjik'S /oT. TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Sewage System Subdivision Cluster WECS Misc. We want to build a cabin on our lake Lot N of Auditor's Subdivision No. 102 The slope of the land is such that if we were to build at theZOCr set-back line we would not be able to see the Lake. We are asking for a variance of 69 and 70 feet from the 200" set-back across Lot N as shown on Anderson Land Surveying Certificate of Survey No. 8562. Please note, we will be abiding by the 30' set-back requirement from the top of the bluff. The land was plated in June 1979 and purchased by the Jensen family in Oct. 1980. At the time of purchase Rush Lake was classified as Recreational, with a set-back requirement of 100'. In 1981 the classification was changed to Environmental with a set-back of 200'. Soil boring samples were taken at the proposed building site and the 200' set-back. The purposed site has 6" of top soil covering a sand and gravel mix. The soil composition at the 200' set-back is 6" of top soil covering heavy day. Because of the soil composition and elevation changes the overall environmental impact is more favorable if the set-back variance is granted. 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. Signature of^operty owner / agent for owner DATE APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 345.194 • Victor Lundeen Co . Printers ' Fergus Falls. Minnesota f- is m2.TimeDate Of Hearing Motion Gordon A. Jensen - Variance application approved as requested with a condition. (8:35 p.m.) After discussion and consideration, Darren Newville made a motion, seconded buy Douglas Larson to deny the variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested, there is adequate area to meet the 200’ setback and not having a view of the lake is not a practical difficulty. There was also concern expressed with the establishment of precedence if the variance is granted as it is being requested. This motion failed with Loren Bailey, Thomas Lee and Steve Schierer voting on. After additional consideration and discussion, Steve Schierer made a motion seconded by Loren Bailey and unanimously carried to approve a variance of 69" from the required ordinary high-water level setback of 200" for the placement of a building site 131’ from the ordinary high-water level with the condition that Lots K, L, M and N must be permanently joined together. The property owner agreed to combine all tliree lots into a single building site. The general opinion is that the limiting these four lots to a single building site is a good trade-off for the granting of the variance. Chairman/Otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management y Yes (Contact Land & Resource Management) No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 Dan and Stacey McKeevei- - Variance application appi ovcd as requested. (8:30 p.ni.) Continued. After discussion and consideration, Thomas Leemade a,motion, seconded by Douglas Larson and unanimously carried, to appiove a variance of 5’ from the required side lot line setback of 10’ for new roof and e.xisting building footprint and a variance of 4’ fi'om the required 20' road right-.of-way setback for new roof on existing building footprint as described in the variance application dated July 16, 2018 and as depicted on the drawings submitted with the variance application. It was noted that the proposed development will be basically in the.same footprint as the existing development. The variances as approved do not directly or indirectly grant any other variances for the propose development or for any future development. Gordon A. Jensen - Variance application approved as l eqnested with a condition. (8:35 p.m.).1. Gordon A. Jensen, Tract N of Auditor's Subdivision Number 102, Rush-Lizzie Lake in Lida Township, requested the following: We want to build a cabin on our lake Lot N of Auditoi’s Subdivision No. 102. The slope of the land is such that if we were to build at the 200' set-back line we would not be able to see the lake. We are asking for a variance of 69 and 70 feet from the 200' set-back across Lot N as shown on Anderson Land Suiweying Certificate of Survey No. 8562. Please note, we will be abiding by the 30' set-back requirement from the top of the bluff The land was plated in June 1979 and purchased by the Jensen family in October 1980. At the time of purchase Rush Lake was classified as recreational, with a set-back reqtiirement of 100’. In 1981 the classification was changed to environmental with a set-back of 200'. Soil boring samples were taken at the proposed building site and the 200' set-back. The purposed site has 6" of top soil covering a sand and gravel mix. The soil composition at the 200’ set back is 6” of top soil covering heavy clay. Because of the soil coinposition and elevation changes the overall environmental ' impact is more favorable if the set-back variance is granted. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Darren Newwille made a motion, seconded buy Douglas Larson to deny the variance as requested as no adequate hardship/practical difficulty unique to the property had been shown that would allow for the granting of the variance as requested, there is adequate area to meet the 200' setback and not having a view of the lake is not a practical difficulty. There was also concern expressed with the establishment of precedence if the variance is granted as it is being requested. This motion failed with Loren Bailey, Thomas Lee and Steve Schierer voting on. After additional consideration and discussion, Steve Schierer made a motion seconded by Loren Bailey and unanimously can ied to approve a variance of 69’ fi om the required ordinary high-water level setback of 200’ for the placement of a building site 131’ from the ordinary high-water level with the condition that Lots K, L, M and N must be permanently joined together. The property owner agreed to combine all three lots into a single building site. The general opinion is that the limiting these four lots to a single building site is a good trade-off for the granting of the variance. With no further business, Steve Schierer, Chairman declared the meeting adjourned at 8:50 p.m. Prepared by: Wayne Stein, Secretary The minutes were mailed on Monday, August 13, 2018, 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 scheduled meeting. .August 9, 2018Page I 5 of 5 Watson, Jeffrey L. Sheldon, Cheryl S. Monday, July 16, 2018 3:34 PM Watson, Jeffrey L. FW: Rush/Lizzie Lake Date regarding NE Designation From: Sent: To: Subject: From: Metzker, Kathleen (DNR) rmailto:kathleen.metzker(5)state.mn.us1 Sent: Tuesday, May 01, 2018 11:40 AM To: Sheldon, Cheryl S. Cc: Shillcox, Jennifer (DNR); Aadland, Julie A (DNR); Petrik, Daniel (DNR) Subject: RE: Rush/Lizzie Lake Date regarding NE Designation Hi Cheryl, According to our records, Otter Tail County has been treating Rush Lizzie as NE in its shoreland ordinance since 1981. The DNR has also recognized that shoreland classification for Rush Lizzie since at least 1981. From: Sheldon, Cheryl S. fmailto:chervl.sheldon(5)lawmoss.com] Sent: Monday, April 30, 2018 3:41 PM To: Metzker, Kathleen (DNR) <kathleen.metzker(S)state.mn.us> Subject: FW: Rush/Lizzie Lake Date regarding NE Designation From: Sheldon, Cheryl S. Sent: Monday, April 30, 2018 3:38 PM To: 'k.metzker@dnr.state.mn.us' Subject: Rush/Lizzie Lake Date regarding NE Designation Hi, Kathy, regarding our conversation today, attached is the Shoreland-Management Ordinance, and a Map of Rush/Lizzie Lake. Our client would like to know the date that the DNR designated Rush/Lizzie Lake as “NE” with a 200’ setback. The property was platted ini979 and would like to Icnow the setback in 1979, too. Please confinn you have received this e-mail. Thank you for your assistance. Cheiyl Cheryl S. Sheldon 1 r Notice of Hearing for Variance otter Tail County Government Services Center 510Fir AveW Fergus Falls, MN 56537 Phone - (218) 998-8030/998-8041 Email - wstein@co.ottertail.mn.us Web Address - www.co.otter-tail.mn.usOTTER TOIL Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Gordon A. Jensen 1051 East Inlet Drive Marco Island, FL 34145 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, August 9, 2018 at 8:30 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 Tract N of Auditor’s Subdivision No. 102, Property Address - 23439 Choke Cherry Lane - 56572 Section 5, Township 136, Range 42 - Township Name - Lida Lake No. 56-760A, Lake Name - Rush/Lizzie, Class - NE The variance requested is the following: We want to build a cabin on our lake Lot N of Auditor’s Subdivision No. 102. The slope of the land is such that if we were to build at the 200’ set-back line we would not be able to see the lake. We are asking for a variance of 69 and 70 feet from the 200’ set-back across Lot N as shown on Anderson Land Surveying Certificate of Survey No. 8562. Please note, we will be abiding by the 30’ set-back requirement from the top of the bluff The land was plated in June 1979 and purchased by the Jensen family in October 1980. At the time of purchase Rush Lake was classified as recreational, with a set-back requirement of 100’. In 1981 the classification was changed to environmental with a set-back of 200’. Soil boring samples were taken at the proposed building site and the 200’ set-back. The purposed site has 6” of top soil covering a sand and gravel mix. The soil composition at the 200’ set-back is 6” of top soil covering heavy clay. Because of the soil composition and elevation changes the overall environmental impact is more favorable if the set-back variance is granted. Wayne Stein Board of Adjustment Secretary July 19, 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 July, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Gordon A Jensen, 1051 Inlet Dr E, Marco Island FL 34145-5916 Denise Boe, Twp Clerk of Lida, PO Box 382, Pelican Rapids, MN 56572 Lake Lizzie Assoc., Kim Janecky, 23217 Chokecherry Ln, Pelican Rapids, MN 56572 Rush Lake Assoc., PO Box 42, Perham, MN 56573 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 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6“’ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland LN, Fergus Falls,MN 56537 Loren Bailey, 37621 S Eagle Lake Lake TrI, Battle Lake, MN 56515 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: July 23, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: ^/7] Vi Manderud cJaVID D & JOYCE S DOBMEIER 626 8TH AVE E WEST FARGO, ND 58078-2938 ANTHONY DUERR ET AL 1231 DIVERSION DR WEST FARGO, ND 58078-7700 BRAD AGEBEKE 6031 WILDFLOWER DR S FARGO, ND 58104-4508. JAMES & ELIZABETH HALE 1085 BROOKS AVE W ROSEVILLE, MN 55113-3314 GORDON A JENSEN 1051 INLET DR E MARCO ISLAND, FL 34145-5916 GORDON A & ANN G JENSEN 1051 INLET DR E MARCO ISLAND, FL 34145-5916 GORDON A JENSEN ET AL 1051 INLET DR E MARCO ISLAND, FL 34145-5916 MARY F MIDTHUN ET AL 6225 RIDGE RD CHANHASSEN, MN 55317-9438 STEVEN J & MARY F MIDTHUN 6225 RIDGE RD CHANHASSEN, MN 55317-9438 TONETTE E PALMER 11413 LANDING RD EDEN PRAIRIE, MN 55347-4951 ■i ^ A 1048464•A OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify this instrument # was filed/recorded in this office for recor No delinquent taxes and ti^sfer entered; Certificate of Real Estate Value ( I^^filed ( ) not rewired. Certificate of Real Estate Value No^^ 08t>9^5 I----------------- >^on thi (Vear)Wei Mel Wayne Stein, Couiity Audltor 7m TlT^o- H9- \q ^000-l^'i'3'^rOOo TRUSTEE’S DEED By Individual by:. um well certifica ! © A COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX $ J -ferJ.. la-/ 4 NUMBERDATE —JJ • -90- STATE DEED TAX DUE HEREON; Date; December -^I , 2007 •IfCLFOR VALUABLE CONSIDERATION, Frances E. Jensen, as Trustee of the Frances E. Jensen Revocable Trust under Agreement da^d April 11,2002, Grantor, hereby conveys to Gordon A. Jensen, Ann Jensen, Gordon T. Jensen, and Brooke A. Jensen, as tenants inxommon. Grantees, real property in Otter Tail County, Minnesota, described as follows: See Attached Exhibit A ©© Check box, if applicable: EThe Seller certifies that the Seller does not know of any wells'on the described real property. □ A well disclosure certificate accompanies this document. □ I am familiar with the property described in this instrument and'iLcertify that the status and number of wells on the described real property have not changed^since the last previously filed well disclosure certificate. <4 QTRUSTEE A' LieC In \\ Affix Deed Tax Stamp Here 1073854V1 I •• STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me December -Si , 2007, by Frances E. Jensen, as Trustee of the Frances E. Jensen Revocable Trust under Agreement dated April 11, 2002, Grantor. I n .>s^'$»gnature of Person Taking Acknowledgment Notarial Stamp or Seal (Or Other Title or Rank) . Linda9i.Va^I NOTARY PUBUC-MINNESOTA MY COMMISSION EXPIRES 1-31-2010 Check here if part or all of the land is Registered (Torrens) Q Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY; MOSS & BARNETT (JGSO) A Professional Association 4800 Wells Fargo Center 90 South Seventh,Street Minneapolis, MN 55402-4129 Telephone: (612) 877-5000 Gordon A. Jensen 10689 Sonoma Ridge Eden Prairie, MN 55438 i073854V1 2 EXHIBIT A The real property in Otter Tail County^ Minnesota legally described as Tracts M & N, OF AUDITOR’S SUBDIVSION NUMBER 102 as of public record, which real property is also described as follows: That part of Government Lots 4 and 5, Section 5, Township 136, Range 42 and Government Lot 3 of Section 32, Township 137, Range 42 and Government Lot 4 of Section 33, Township 137, Range 42, Otter Tail County, Minnesota, described as follows: Commencing at the southeast comer of the Southwest 1/4 of said Section 33; thence on an assumed bearing of North 88° 51' 04” West on the southerly line of said Section 33 for a distance of 438.34 feet to a point which is also a distance of 924.06 feet from the northeast corner of said Section 5; thence North 66° 43' 30” West 473.73 feet; thence North 59° 27' West 255.76 feet: thence on a tangential curve to the left, central angle of 18° 40' 18", radius of 936.80 feet lor an arc distance of 305.28 feet to point of beginning of area to be described; thence continuing on last said arc having a radius of 936.80 feet and having a central angle of 04° 24' 12” for an arc distance of 72.00 feet; thence North 82° 31' 30" West 503.01 feet; thence on a tangential curve to the left, central angle of 72° 38' 30”, radius of 54.41 feet for an arc distance 68.98 feet; thence South 24° 50' west 439.75 feet; thence on a tangential curve to the right, central angle of 95° 17', radius of 142.42 feel for an arc distance of 236.85 feet; thence North 59° 53' West 277 feet; thence on a tangential curve to the left, central angle of 45° 14' 20”, radius of 84.00 feet for an arc distance of 66.32 feet; thence South 74° 52' 40” West 132.01 feet; thence South 60° 13' West 157.91 feet; thence South 74° 43' West 175.00 feet; thence South 00° 09' 58” East 270 feet more or less to the shoreline of Lake Lizzie Rush; thence easterly, southeasterly, easterly and northeasterly on said shoreline to the intersection with a line projected at a bearing of South 00° 17' 56" East from point of beginning; thence North 00° 17' 56” West 1101 feet more or less to point of beginning, but excepting therefrom the follovving described tracts: EXCEPTION 1: TRACTS “K & L” as one tract described as follows: That part of Government Lots 4 and 5, Section 5, Township 136, Range 42 and Government Lot 3 of Section 32, Township 137, Range 42 and Government Lot 4 of Section 33, Township 137, Range 42, Otter Tail County, Minnesota, described as follows: Commencing at the southeast corner of the Southwest 1/4 of said Section 33; thence on an assumed bearing of North 88° 51' 04” West on the southerly line of said Section 33 for a distance of 438.34 feet to a point which is also a distance of 924.06 feet from the northeast comer of said Section 5; thence North 66° 43' 30” West 473.73 feet; thence North 59° 27' West 255.76 feet: thence on a tangential curve to the left, central angle of 18° 40' 18", radius of 936.80 feet for an arc distance of 305.28 feet to point of beginning of area to be described; thence continuing on last said arc having a radius of 936.80 feet and having a central angle of 04° 24' 12” for an arc distance of 72.00 feet; thence North 82° 31’ 30" West 503.01 feet; thence on a tangential curve to the left, central angle of 72° 38' 30”, radius of 54.41 led for an arc distance 68.98 feet; thence South 24° 50' West 439.75 feet; thence on a tangential curve 1073854V1 to the right, central angle of 95° 17', radius of 142.42 feet for an arc distance of 236.85 feet; thence North 59° 53' West 277 feet; thence on a tangential curve to the left, central angle of 45° 14' 20”, radius of 84.00 feet for an arc distance of 66.32 feet to the point of beginning of Tracts K and L; thence South 74° 52' 40” West 132.01 feet; thence South 60° 13' West 157.91 feet; thence South 74° 43' West 175.00 feet; thence South 00° 09' 58” East 270 feet more or less to the shoreline of Lake Lizzie Rush; thence easterly and southeasterly on said shoreline to the intersection with a line projected at a bearing of South 00° 17' 11" East from point of beginning; thence North 00° 07' 11” West 879 feet more or less to point of beginning, containing 5.3 acres more or less. Said above described tract being one in the same as Tracts “K & L” of AUDITOR’S SUBDIVISION NUMBER 102 as of public record. (PINS: 17-000-99-1570-000; 17-000-99-1571-000; 37-000-99-1048-000; 37-000-99-1049-000) EXCEPTION 2: TRACTS “Q. P. O. R and S” of AUDITOR’S SUBDIVISION NUMBER 102 as of public record. AND Together with an easement for ingress and egress upon the following described tract: A 66 foot wide road easement for ingress and egress over Government Lots 3, 5 and 6 of Section 5, Township 136, Range 42 and over Government Lot 3 of Section 32, Township 137, Range 42 and over Government Lot 4 and the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 137, Range 42, Otter Tail County, Minnesota, the centerline of which is described as follows: Commencing at the northeast comer of Section 5; thence on an assumed bearing of North 88° 51' 04” West on the northerly line thereof for a distance of 217.61 feet thence South 33° 24’ East 193.42 feet to point of beginning of centerline to be described; thence South 67° 36' 40" West 103.03 feet; thence on a tangential curve to the right, central angle of 45° 39' 50", radius of 176.45 feet for an arc distance of 140.63 feet; thence North 66° 43' 30” West 1089.45 feet; thence North 59° 27' West 253.66 feet; thence on a tangential curve to the left, ceritral angle of 23° 04' 30", radius of 969.80 feet for an arc distance of 390.57 feet; thence North 82° 31'30” West 503.01 feet; thence on a tangential curve to the left, central angle of 72° 38’ 30", radius of 87.41 feet for an arc distance of 110.82 feet; thence South 24° 50' West 439.75 feet; thence on a tangential curve to the right, central angle of 95° 17’, radius of 109.42 feet for an arc distance of 181.97 feet; thence North 59° 53' West 277.00 feet; thence on tangential curve to the left, central angle of 45° 14' 20", radius of 117.00 feet for an arc distance of 92.38 feet; thence South 74° 52’ 40” West 136.26 feet;.thence South 60° 13' West 157.96 feet; thence South 74° 43' West 210.56 feet; thence South 78° 34’ West 202.45 feet, thence South 83° 13’ West 337.44 feet; thence South 87° 00’ 40” West 246.25 feet and there terminating. 1073854VI 2 1BOOr'.-li2= PAGE-k*il IT IS MUTUALLY AGREED, by and between the parties hereto, that the time of payment shall be an essential part of this Contract; and that all the covenants and agreements herein contained shall run with the land and bind the heirs, executors, administrators, successors and assigns of the. respective parties hereto.If I IN TESTIMONY WHEREOF, The said first party has caused these presents to be executed in its corporate name by its' President and its L_ !I _________________________________________________________and its corporate seal to be hereunto affixed, and said parties of the second part have hereunto set their hands the day and year first above written. — 'j LEAF-TLAKE PROPERTIES ■ I INC By Jj.g EarX w. Bal.izer ■Presidenti ; ;STATE OF MINNESOTA. /Y/s )I ranges E. Jen^e^rt) ss.County ofI- :The foregoing instrumetj^was acknowl edged befi^e me this ________rrC day of_ i /, i9_£2g.r.i- Ear~l W. Balzer. Pmsideinbby (NAME OF OFFICER OR AGENT, TITl-E OF OFFICER OR AGENT) and by (NAME OF OFFICER OR AGENT. TITLE OF OFFICER OR AGENT) T.paf T.akei ProipprTi f»s . Tnoof (NAME OF CORPORATION ACKNOWLEDGING)..-.-ic ■- _^ corporation, on behalf of thgxorporation. ........................ Mi nnp.gioPaa(STATE OR PLACE OF INCORPORATION) Frances E. Jensen appeared before me on Moncday, June 1, 1981,(SIGNATURE OF PERSON TAKING ACK^OwfeoGMENTT MAE E. K/Tb-jiNG:-."""''*-*-——n(Tcrt&OR'RANK)“f-'‘" l-iuMy. MlnoL,,'"I-.' My L-ofumissioo fi-rp;r«sJund 22, X964 * ” 4.i E. Davenport. STATE OF MINNESOTA,) ) ss. iHounty of / 4^ The foregoing instrument was 'edged before me this >Jp/v/r day of _ p*-___ _ acknowl- • Vv<V E. EUGENE DAVENPCM^rT:; #eOTA#tv Public-MexHCSCTTA! i OTTER TAfL COUNTY !; iitL’ f MU W£TJ rT'JTS'Br-T/^P’i'i'tf'S 7 ■ J UTfjxin and Frances E.By jj^s^anwEbBS T-=^\I AaHdOWTlElDeED) 1\s'/I tAKlNG ACKNOWLEDGMENT)(SIGN^URE OF P|I3\I •; (TITIX; OR KAKi Edward J. Hance:(Name) .2401 Lowry Avenue N.E._TAX STATEMENTS FOR THE REAL PFOPERTV DESCRIBED m OTIS rNSTPUMENT SHOULD BE SENT TO: Tji—3942 Edmund Boulevard (k— MinneaDoli.'s, MN 55406 ■fr-—^-----<S«-. ' (Addredft) Minneapolis, MN,554 18 tmng rK)oir*/ntRt» lOf CBTiUV«.r4(« real «slal« ■wJue*n»v5ly®tfl^>^VV< o>t§ O.if 8 Q J ^ Q ^ w g. •■e «'U Q lO " C t£ ^, I.3 e pn msP 1^311 “ ^ -J"S ^ ^ 8 S#fPl§ .S o « ^ ■<£ri<a s I£ S " o ' § Sg "^S <SO i oP.i oir:CJ o‘<r.inrHSF-fbC,J ' l:<S| G,o ■ » C O* C 4ma) O 00 c o*a; ^s .2\ • £ 2 • G > iOSSo Q1 c o3 ? L '1 * > G >%o CQ a.J AUDITOR'S SUBDIVISION NUMBER 102. l;' 100 ICOOTTER TAIL COUNTY, MINNESOTA (PART OF GOV'T LOT 3, SECTION 32 AND' PARTS OF GOVt LOT 3, 4 AND THE SE 1/4 OF THE SW 1/4 SECTION 33, TWP. 137, RGE. 42; AND PART OF GOVT LOT 3 AND GOVT LOTS 4, 5 AND 6, SECTION 5, TWR 136, RGE. 4Z) I, RaW\ •. U*il 9»no«l, emfXifJ ■!.: lVan*Kaiat«t»TM ' ••4 Or Oti*r tall C«iM)r« dIammu I«?« aan«T>4 tUlCari lAC* <an Aa4lt*l'a flatSXrs: JS.; :.‘.f Ifallca'ai li«n aMk ImM uc. c«a9. niMiaaata Keen flattla 4ap lAaaAIM. fallat'Xi pi<»^ •'ItK a<t"«a Utalala '.k>ala4 M Aa. l»il, Indluatt* CauiOT ea»( lean <Mt« VnxiMla a<* • ■I/Klrs ,*a« r«<^ :<• »*.•(> fn a MeUi^ «; 1».C< laat t» «l\a IWtlloanX «Sruar ui Mid l*4atian ■ Lht tMlliar;? *•!/• •! aaU Maracn Ham :ei a dlaKaiw* M >3< .W*. vrr ai U%a U <M Mra^laa tl Ulf U**3a l»r fc> 4<« It M aaaaillMi; InaAfa fawu. It’ ■,>' )f* taal ift ^••4 aala ai laij IB M^cl fMM Uana« Mnn IB* •(* <y hat liO.W taai la Ol MallkMaC ■•fpai af Jal4 Ma/aM f<aal(aanca Baait, l>* n* 11‘ laar on |)« r>ra‘M«».l>«t. tf Ha/1-.>rP Itna •( (aid AMalaCa (aaat • aialai 41 7i> fial mti a« Uai it m balMb' lAna ar aaJ4 Coaamaal iMt 1 aM Itart CUMMIU14. it* l»’ Cam Hl.ue laat: Saanaa Nattk H* »’ *a«e M.T6 laattilLaae. 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EXCEPTION 3 bw aucaod to a* bm>b m ii:cno*a aienviacH augu i n. mo bik oourn, miMean} nat ikta plat la a M/fMi rMt«a>nuilM. af anid MitMl tbt all wtaaftOM ara idtianV »m« aa (M plat tA laat tM 4««ualj of a (aotj tiai ra MTUMta (aa ^|agf«« tf NCara aarvagra Mv* baM aaiiafl'i; SUaM In 1>» SMWai aa aOca«> ^tal4a ene^rv Ham am caiaanlr 4m1cix«1 an Ika tlac. a II *03. raa.va faUa. KIu.M'U (T \ \ LAK£LIZZIE \ko> 5' v'^ <5^EXCEPTION i EXCCPTiOH 2 \ \•i?V.1iK5 HAr.\fj \\\ \NX. COft. see b tIM. MZ•• msa.N’l^/ ■•'L N-3- ii •* •T if 5| ■la via k Y 7i,‘ a. -t-'' .\i : =ai/ ia ^ -a_ —^ :r.nrt'CO,r a.1!/.'■ A' ;• f f T : •.' ,v\/\x\••T* \•S^____i-\ id Taj INS^,.9:i5r4|'s i\.'\ \ tm*0,\■ "^v55. r'-^r■3W,?.TT.7/5rX \a - 4.8.. bead 7 ftdLOJnif^ t fall Cuioiry,Jiidltoc, Olla COPY _. . r.:r;........ r \ NE CORNER OF LOT NNM CORNER OF LOT N AUDITOR'S SUBDIVISION MJTBER 102 \1340.3 /ChiNER^ GORDON JENSEN ET AL PARCEL NO, aroocmtostooa Ii////J ///EAST UNE OF LOT N AUDrrOR^S SUBDIVISION NUnBER 102 PER RECOVERED IRON tIONUtlENTS //////NEST LINE OF LOT N AUDITORS SCmPIVIStON ArfUTtBfR 102 PER RECOVERED IRON FfONUtlENTS /1361.7// i36i.e ^ //1346 B60.«?1346.4 / © ©//// .2 MEST LINE OF LOT tl AUDITOR'S SUBDIVISION NUFBER *02 PER RECOVERED IRON nOIMTENTS //N /1367.5 a . 064.2K 13603 ✓✓✓X”.,-0663^ 136^A I inK rr-r\ f C' r-\KJ Ly I ! I \ 'C'l t]Dr\i\ nc'ir\M ^^jOLylvl^lKyis Min 4,Qr-Q/ V uiviOl-I \'I /~\nI ^■B^A 056.4 I SCALE! / INCH - 20 FEET BEARINGS ARE BASED ON TUE OTTER TAIL COIMTr NARN NETMORK. • IXNOTES IRON nONUtlENT FOUND. O DENOTES IRON tK/NUtlENT SET nARKED •PLS 13620 4 17025*. A DENOTES MOOD LATN MITN ORANGE RIBBON SET AND HARKED AS SNOMN. 1353.6 1354.4I I I 054.0 055.6I/^ ^I - I ,3^^.1v:? V I .L.V^ I .~r ^-^'fQ:^i»7.4I s ©06K5— r-/-> ^ i___V—' . £T>JL N DENOTES ITAPLE TREE MITH TRUNK DIAHETER IN INCHES.!J ^~^^-SET~)1-QI ./ \ ./ >—^©I 1366.4I '06q.5.." ~£c -<,.-,5 :'N iNC-iESiI§I36«13 (g)I DENOTES ASH TREE MITH TRUm DIAI1ETER IN INCHES.13^.5I ' DENOTES BASSNOOD TREE NITH TRUNK DIAHETER IN INCHES. ^0^ DENOTES OAK TREE MITH TRUNK DIAMETER IN INCHES. Io13573 I Si I ''' Gtast §A A 1364.4 Q;w I 064.tg).DENOTES BOXELDER TREE MITH TRUNK DIAMETER IN INCHES.I 00653 13^6 j13^1 .O'"10 B3H.4 DENOTES SPOT ELEVATIONS TAKEN ON S/7/» (NAVD 60 DATUMJ\1362.6I 136421362.6 066.5 066.5I0663IVOMNER: GORDON JENSEN ET AL 061.4\I ___^370-----—DENOTES FIVE FOOT CONTOUR INTERVALS BASED ON SPOT ELEVATIONS TAKEN ON 5X7/16 ('NAVD 66 DATITIJ K>\PARCB. NO. 37000TH0S0000 I\ r\|:i067i<l \y ETJO.O OMNERz HART tllDTHUN ET AL PARCEL NO. 37000TV062000 10621 LATH A THIS SURVEY IS INTENDED TO PROVIDE ASSISTANCE FOR A RE-APPUCATION TO THE OTTER TAIL COUNTY BOARD OF ADJUSTMENTS. SURVEYOR'S CERTIFICATE I hereby certify that this survey, pian or report was prepared by me or und&^ my direct supervision and that i am a Professional Land Surveyor licensed CERTIFICATE OF SURVEY FOR:under the laws of the State of Minnesota. Dated this 21st day of flay, 20i&. CORDON JENSENGlenn Howe Professional Minnesota License No. 17825 Revised an July 17, 2018 for the new requested buildhig set back line. eyor %FIELD BOC^ AL5-2I3/50 CONTRACT NO. 152-13 DRAHN BY GEN FOLDER 152-13 PROJECT BEhkJ^^RK INFORMATION! |0^ O DENOTES TOP OF IRON HONUHENT FLUSH MITH GROUND - ELEVATION OF 1365.6 FEET (NAVD 66 DATUM) [0621 o DENOTES TOP OF IRON MONUMENT FLUSH MITH GROUND - ELEVATION OF 1370.4 FEET (NAVD 86 DATIFI) [7to1 O denotes top of iron monument flush MITH GROUND - ELEVATION OF I364.R FEET (NAVD 86 DATUM) NDERSON LAND SURVEYING, INC FIELD CREhi JAKCHECKED BY LIB/GEN CRD FILE 152-13 CHNG FILE I52-I3R ArchitectPROFESSIONAL LAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS, MN 56537 (218) 739-5268 FAX (218) 739-5461 (800) 300-9276 DRANING NUMBERREVISION: 7-17-13 SEC-TNP-RG 5-13G-42 8562R J 1207681 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 06/19/2018 11:04 AM FEE: 46.00 PAGES 2 WELL CERTIFICATE REC D: N RECEIVED MAY 2 3 2018 (.AlMDa^ESOURCE oco<^CDuno CO o CO 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 ZHTHh las’! cfV?6f Sthle.-fDrluej /flar'd/^ JRlanc); FL 3^l<iS Application Fee COMPLETE THIS APPLICATION IN BLACK INK Receipt Number _ Accepted By / Date PROPERTY OWNER DAYTIME PHONE MAILING ADDRESS 'Kui.hj Ll77)p. LaJ\P MELAKE NUMBER LAKE NAME TOWNSHIP I3}c> LAKE CLASS SECTION RANGE TOWNSHIP NAME *6 LjiKe, HJvn e.)dha/^e/lh^KrEj imuLPARCEL NUMBER E-911 ADDRESS3l0U)^^\0SlOC^ LEGAL DESCRIPTION 'JYacA- AJ of Sabdiuti^ /Jumbe.r (See Tr/i-b+ee's Ched- Cbdumenf Ms. Jd<-fmL>4) TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size____Sewage System____Subdivision Cluster WECS Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS rjJtlS WILL BE USED FOR PUBLIC NOTIFICATION. I want to build a cabin on my lake Lot N of Auditor’s Subdivision No. 102. The slope of the land is such that if I were to build behind the 200 foot set back line I would not be able to the lake.see I am asking for a variance of 69 feet, 74 feet and 89 feet from the 200 foot set back line across Lot N as shown on Anderson Land Surveying Certificate of Survey No. 8562. Please note that I will be abiding by the 30 foot set back from the top of bluff across Lot N with this request. 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. 5/^l j\b^DATE^AGET^OR OWNERSIGNATURE OF PROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) 345,194 • Victor Lundeen Co , Printers * Fergus Falls. Minnesota —------V 0H.TimeDate Of Hearing 'JUSVSl Motion Gordon Jensen - Denied. (8:22 p.m.) After discussion and consideration, Thomas Lee made a motion, seconded by Steve Schierer to approve the variance application as requested noting that the proposed location provides a view of the lake, the lake is protected because the property slopes away from the lake and the proposed location is the best location available. The motion to approve failed with Doug Larson, Darren Newville and David Wass voting no. Those voting m opposition to the variance application noted that the proposed development can be placed in a location that does not require the granting of any variances and not having a view of the lake is not a hardship/practical difficulty. ■ k f 1t.1'' Ty , Chairman/Otter Tail County Board of Adjustment’-■-H • i■■-i i Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) <__ No >4y>ti7 Buc.fU) ujl^J/y L R Qffficial/Date ^ ' Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR bk 072011-001 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.usOTTER T»meeeatT-BidiiiQi4 Applicant and/or applicant’s representative must be present at the scheduled hearing. To Whom It May Concern: Gordon Jensen 1051 East Inlet Drive Marco Island, FL 34145 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 Tali County Board of Adjustment will assemble for this hearing on Thursday, June14, 2018 at 7:30 p.m.j--'. 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 Tract N of Auditor’s Subdivision Number 102, Property Address - 23439 Chokecherry Lane - 56572 (Gordon’s Lake Home) Section 5, Township 136, Range 42 - Township Name - Lida Lake No. 56-760, Lake Name - Rush/Lizzie, Class - GD The variance requested is the following: i want to build a cabin on my lake Lot N of Auditor’s Subdivision NO. 102. The slope of the land is such that if I were to build behind the 200’ setback line I would not be able to see the lake. I am asking for a variance of 69’ 74’ and 89’ from the 200’ setback line across Lot N as ’ shown on Anderson Land Surveying Certificate of Survey No. 8562. Please note that I will be abiding by the 30’ setback form the top of bluff across Lot N with this request. Wayne Stein Board of Adjustment Secretary May 24, 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 25th, day of May, 2018 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Gordon A Jensen, 1051 Inlet Dr E, Marco Island, FL 34145-5916 Denise Boe, Twp Clerk of Lida, PO Box 382, Pelican Rapids, MN 56572 Lake Lizzie Lake Assoc,. Kim Janecky, 23217 Chokecherry LN, Pelican Rapids, MN 56572 Rush Lake Assoc., PO Box 42, Perham, MN 56573 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 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Ken Vorderbrugen, 20901 County Highway 65, Henning, MN 56551 Richard S. Schierer, 32117 260th Ave, Erhard,MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Darren M Newville, 614 6*'’ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland LN, Fergus Falls,MN 56537 David Trites, 20944 Westwood DR, Clitherall,MN 56524-9596 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: May 25th, 2018 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud r BRADAGEBEKE 4635 BEACH LN S FARGO, ND 58104-6003 ANTHONY DUERR ET AL" 1231 DIVERSION DR WEST FARGO, ND 58078-7700 DAVID D & JOYCE S DOBMEIER 626 8TH AVE E WEST FARGO, ND 58078-2938 GORDON A & ANN G JENSEN 1051 INLET DR E MARCO ISLAND, FL 34145-5916 GORDON A JENSEN 1051 INLET DR E MARCO ISLAND, FL 34145-5916 JAMES & ELIZABETH HALE 1085 BROOKS AVE W ROSEVILLE, MN 55113-3314 STEVEN J & MARY F MIDTHUN 6225 RIDGE RD CHANHASSEN, MN 55317-9438 MARY F MIDTHUN ET AL 6225 RIDGE RD CHANHASSEN, MN 55317-9438 GORDON A JENSEN ET AL 1051 INLET DR E MARCO ISLAND, FL 34145-5916 TONETTE E PALMER 11413 LANDING RD EDEN PRAIRIE, MN 55347-4951 1048464 OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify this instrument #J was filed/recorded in this office No delinquent taxes and tr^sfer entered; Certificate of Real Estate Value ( filed ( ) not retired. Certificate of Real Estate Value No. 08G9 * for reco^ on the day of_____OlhZZ—2008at (:.'2S am(jSmJ Wer^y L. Metcalf ^Countyi Recdr^r bv:^ecordii^fee ^ well certifica (Year) Wayne Stein, County Auditor Aby — It [q iS'n3^000 TRUSTEE’S DEED By Individual 3 d/\\p^0-rr-£x^ o>\ STATE DEED TAX DUE HEREON; SjMAti Date; December , 2007 COUNTY OF OTTER TAIL STATE OF MINNESOTA DEED TAX S jLfeiUe,/ £. NUMBER ^^3±IA ' DATE__IJ_lA.fiZil2.r FOR VALUABLE CONSIDERATION, Frances E. Jensen, as Trustee of the Frances E. Jensen Revocable Trust under Agreement dated April 11, 2002, Grantor, hereby conveys to Gordon A. Jensen, Ann Jensen, Gordon T. JenWn.and Brooke A. Jensen, as tenants in common. Grantees, real property in Otter Tail County, Minnesota, described as follows: See Attached Exhibit A oQ Check box, if applicable: % ABThe Seller certifies that the Seller does not know of any wells’on the described real property. □ A well disclosure certificate accompanies this document. □ I am familiar with the property described in this instrument and’lxertify that the status and number of wells on the described real property have not changed'since the last previously filed well disclosure certificate.QTRUSTEE In;ej Affix Deed Tax Stamp Here 1073S54vl ■ f I • •J 7. :STATE OF MINNESOTA ) ) ss.4.- -rCOUNTY OF )■; The foregoing instmment was acknowledged before me December -Sj , 2007, by Frances E. Jensen, as Trustee of the Frances E; :JenseiivRevocable Trust under Agreement dated April 11, 2002, Grantor. ,..>lS>i^atufe of Person Taking Acknowledgment Notarial Stamp or Seal (Or Other Title or Rank) L £tn&!M^agm NOTARY PUBLIC-MINNESOTA . MY COMMISSION EXPIRES 1^1-2010 Check here if part or all of the land-is Registered (Torrens) CD5». • Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee); THIS INSTRUMENT WAS DRAFTED BY: MOSS & BARNETT (JGSO) A Professional Association 4800 Wells Fargo Center . 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 877-5000, r Gordon A. Jensen 10689 SOnoma Ridge Eden Prairie, MN 55438,r V- 1073854V1 ■2 r ' EXHIBIT A The real property in Otter Tail County, Minnesota legally described as Tracts M & N, OF AUDITOR’S SUBDIVSION NUMBER 102 as of public record, which real property is also described as follows: That part of Government Lots 4 and 5, Section 5, Township 136, Range 42 and Government Lot 3 of Section 32, Township 137, Range 42 and Government Lot 4 of Section 33, Township 137, Range 42, Otter Tail County, Minnesota, described as follows: Commencing'at the southeast comer of the Southwest 1/4 of said Section 33; thence on an assumed bearing of North 88° 5T 04” West on the southerly line’of said Section 33 for a distance of 438.34 feet to a point which is also a distance of 924.06 feet from the northeast corner of said Section 5; thence North 66° 43' 30” West 473.73 feet; thence North 59° 27' West 255.76 feet: thence on a tangential curve to the left, central angle of 18° 40' 18", radius of 936.80 feet for an arc distance of 305.28 feet to point of beginning of area to be described; thence continuing on last said arc having a radius of 936.80 feet and having a central angle of 04° 24' 12” for an arc distance of 72.00 feet; thence North 82° 31' 30" West 503.01 feet; thence on a tangential curve to the left, central angle of 72° 38' 30”, radius of 54.41 feet for an arc distance 68.98 feet; thence South 24° 50' west 439.75 feet; thence on a tangential curve to the right, central angle of 95° 17', radius of 142.42 feet for an arc distance of 236.85 feet; thence North 59° 53' West 277 feet; thence on a tangential curve to the left, central angle of 45° 14' 20”, radius of 84.00 feet for an arc distance of 66.32 feet; thence South 74° 52' 40” West 132.01 feet; thence South 60° 13' West 157.91 feet; thence South 74° 43' West 175.00 feet; thence South 00° 09' 58” East 270 feet more or less to the shoreline of Lake Lizzie Rush; thence easterly, southeasterly, easterly and northeasterly on said shoreline to the intersection with a line projected at a bearing of South 00° 17' 56" East from point of beginning; thence North 00° 17' 56” West 1101 feet more or less to point of beginning, but excepting therefrom the following described tracts: ■ V EXCEPTION.!: TRACTS *‘K & L” as one tract described as follows: That part of Government Lots 4 and 5, Section 5, Township 136, Range 42 and Govemrhent Lot 3 of Section 32, Towriship 137, Range 42 and Government Lot 4 of Section 33, Township 137, Range 42, Otter Tail County, Minnesota, described as follows: Commencing at the southeast corner of the Southwest 1/4 of said Section 33; thence on an assumed bearing of North 88° 51' 04” West on the southerly line of said Section 33 for a distance of 438.34 feet to a point which is also a distance of 924.06 feet from the northeast comer of said Section 5; thence North 66° 43’ 30” West 473.73 feet; thence North 59° 27’ West 255.76 feet: thence on a tangential curve to the left, central angle of 18° 40' 18", radius of 936.80 feet for an arc distance of 305.28 feet to point of beginning of area to'be described; thence continuing on last said arc having a radius of 936.80 feet arid having a central angle of 04° 24' 12” for an arc distance of 72.00 feet; thence North 82° 3T 30" West 503.01 feet; thence on a tangential curve to the left, central angle of 72° 38' 30”, radius of 54.41 feet for an arc distance 68.98 feet; thence South 24° 50' West 439.75 feet; thence on a tangential curve 1073854V1 V . ■»' to the right, central angle of 95° 17!, radius of 142.42 feet for an arc distance of 236.85 feet; thence North 59° 53' West 277 feet; thence on a tangential curve to the left, central angle of 45° 14' 20”, radius of 84.00 feel for an arc distance of 66.32 feet to the point of beginning of Tracts K and L; thence South 74° 52' 40” West 132.01 feet; thence South 60° 13' West 157.91 feet; thence South 74° 43' West 175.00 feet; thence South 00° 09' 58” East 270 feet more or less to the shoreline of Lake Lizzie Rush; ,thence easterly and southeasterly on said shoreline to the intersection with a line projected at a bearing of South 00° 17' 11" East from point of beginning; thence North 00° 07' 11 ” West 879 feet more or less to point of beginning, containing 5.3 acres more or less. Said above described tract being one in the same as Tracts “K & L” of AUDITOR’S SUBDIVISION NUMBER 102 as of public record. (PINS: 17-000-99-1570-000; 17-000-99-1571-000; 37-000-99-1048-000; 37-000-99-1049-000) EXCEPTION 2: TRACTS “Q. P. O. R and S” of AUDITOR’S SUBDIVISION NUMBER 102 as of public record. AND Together with an easement for ingress and egress upon the following described tract: A 66 foot wide road easement for ingress and egress over Government Lots 3, 5 and 6 of Section 5, Township 136, Range 42 and over Government Lot 3 of Section 32, Township 137, Range 42 and over Government Lot 4 and the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 137, Range 42, Otter Tail County, Minnesota, the centerline of whiclvis described as follows: Commencing at the northeast corner of Section 5; thence on an assumed bearing of North 88° 51’ 04” West on the northerly line thereof for a distance of 217.61 feet thence South 33° 24’ East 193.42 feet to point of beginning of centerline to be described; thence South 67° 36’ 40" West 103.03 feet; thence on a tangential curve to the right, central angle of 45° 39’ 50", radius of 176.45 feet for an arc distance of 140.63 feet; thence North 66° 43’ 30” West 1089.45 feet; thence North 59° 27’ West 253.66 feet; thence on a tangential curve to the left, central angle of 23° 04' 30", radius of 969.80 feet for an arc distance of 390.57 feet; thence North 82° 31’ 30” West 503.01 feet; thence on a tangential curve to the left, central angle of 72° 38’ 30", radius of 87.41 feet for an arc distance of 110.82 feet; thence South 24° 50’ West 439.75 feet; thence on a tangential curve to the right, central angle of 95° 17’, radius of 109.42 feet for an arc distance of 181.97 feet; thence North 59° 53' West 277.00 feet; thence on tangential curve to the left, central angle of45° 14’ 20", radius of 117.00 feet for an arc distance of 92.38 feet; thence South 74° 52’ 40” West 136.26 feet; thence South 60° 13' West 157.96 feet; thence South 74° 43’ West 210.56 feet; thence South 78° 34’ West 202.45 feet, thence South 83° 13’ West 337.44 feet; thence South 87° 00’ 40” West 246.25 feet and there terminating. I073S54V1 2 Diana Siielgi ove - Application approved as requested. (8:02 p.m.) Continued. The variance as approved will provide the applicant with a reasonable use of her property and the use is consistent with other properties in this immediate area. The variance as approved does not directly or indirectly grant any other variances for proposed or future development. Orland W. Olie - Application approved as requested. (8:10 p.m.) Orland W. Ohe, the Northwest Quarter of the Southeast Quarter, the Southwest Quarter of the Northeast Quarter, the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter, Section 13 of Trondhjem Township, requested a variance on County Wind Energy Conversion System Ordinance 600’ wetland setback. Due to siting and practical difficulties encountered we are asking for variance on setback distance relating to one wetland located within 600’. Without variance practical difficulties would render the project infeasible and prevent Lake Region Electric Cooperative from obtaining low cost renewable energy. Asking for variance to be within 275’ of nearest wetland. CUP application to follow. The application was represented by Orland Ohe and Aaron Thibert. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a motion, second by Darren Newville and unanimously carried, to approve a variance of 325’ from the required wetland setback of 600’ for the placement of a wind energy conversion system (turbine and solar panels) 275’ from the nearest wetland. The variance as approved does not directly or indirectly grant any other variances for proposed or future projects. Wade and Amy Sandy - Application approved as requested with condition. (8:17 p.m.) Wade and Amy Sandy, I.ot 59 of Nedberg Nye Survey Lots of Government Lots 1, 2 and 3, Section 1 of Edna Township by Devils Lake, requested the following; The lot is a substandard lot and as such presents practical difficulty to constmet within the setback ordinance requirement. We are requesting a variance of 3 1 ’ from the ordinary high-water level setback (i.e. we would like to build 44 feet from the lake’s ordinary high-water line). The existing structure (approximately 600 square feet) is 27’ from the ordinary high-water setback. (The closest proposed structure point is 44’ from lake.) We are proposing to add an additional approximately 800 square feet on to the existing structure. I'he application was repre.sented by Wade Sandy. The audience was polled with no one speaking for or against the variance as requested. An email from Karen Gibson in support of the variance as requested was read for the record. After discussion and consideration, Danen Newville made a motion, second by Thomas Lee and unanimously carried, to approve a variance of 3 I ’ from the required ordinary high-water level setback of 75 for the placement of the proposed addition 44’ from the ordinary high-water level as depicted on the drawing submitted with the variance application with the condition that the existing 8’ by 8’ shed must be either removed or placed in a location that complies with the setback requirements of the ordinance. Hardship/practical difficulty is a substandard lot of record and the depth of the lot. It was also noted that the variance being grant is consistent with past actions of the Board in this immediate area and that the variance will allow the applicants to enjoy the same rights and privileges as others in this neighborhood. The variance as approved does not directly or indirectly grant any other variances for proposed or future projects. Gordon Jensen ~ Denied. (8:22 p.m.) Gordon Jensen, Tract N of Auditor’s Subdivision Number 102, Rush/Lizzie Lake in Uda Township, requested the following: I want to build a cabin on my lake Lot N of Auditor’s Subdivision NO. 102. The slope of the land is such that if 1 were to build behind the 200’ setback line I would not be able to see the lake. 1 am asking for a variance of 69’ 74’ and 89' from the 200" setback line across Lot N as shown on Anderson Land Surveying Certificate of Survey No. 8562. Plea.se note that 1 will be abiding by the 30’ setback from the top of bluff across Lot N with this request. The application was represented by Dan Elton and Glenn Howe. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, fhomas Lee made a motion, seconded by Steve Schierer to approve the variance application as requested noting that the proposed location provides a view of the lake, the lake is protected because the property slopes away from the lake and the proposed location is the best location available. The motion to approve failed with Doug Larson, Danen Newville and David Wass voting no. Those voting in opposition to the variance application noted that the proposed development can be placed in a location that docs not l equire the granting of any variances and not having a view of the lake is not a hardship/practical difficulty. David Slioly - Ap|)licalion approved as requested. (8:30 p.m.) David Sholy, part of Government Lot 6, Section 3 of Dunn Township by Pelican Lake, requested the following: The layout of the lot (with diagonal shoreline, access road tlnn the lot, and back wet lands) .seemingly prevents construction of a traditional lake cabin (with well and septic tank). As a result, the only option to actually utilize the recreational designation of the lot is a Water Oriented Accessory Structure (proposed site - 13’ by 20’). And, the only feasible location for it is on the west side of the lot. June 14, 2018Page[4 of 5 utter rail County Web Map 2T http://yNww.co. otter-taiL mn. usS^riSt»> LjiKt CaVi#J VeCU**^u/jm:uke 5f>n''6<m ' t!' oooVO lO 1 CTi ooo O:C5?t: '■ Is Lcrr rJ RVSnUZZlF UKE 5f>u~6m>i T Rovecf Svre. )RS SUBDIVISION NUMBER 102 \0.015 0 0.03 mi lift?«,PJ1 leT;Ti*. ^Not a legal document. For Referenciysl 6nl^iyyip|ggg|g|Wh»e«*w.re^JI33^GSlil3lR«.■ l^y —B-f 4ocur|c^in f NW CORNER OF UTT N AUDITORS SLmCHVISION hMSER 102 1340.3 OMNER: GORDON JENSEN ET AL PARCEL NO. 3700CFFII0GI0O0 EAST UNE OF LOT N AUDITOR'S SU^VISION NUFBSi KJ2NEST UNE OF LOT N PER RECCVERED IRON HONUUBTTSAUDITOR'S SL^DIVISION MJtWER 102 PER RECOVERED IRON FIONUtlENTS INEST LINE OF LOT H IAUDITOR'S SUBDIVISION lOmBER 102 N PER RECOVERED IRON nONUnBTTS K I o A I ir^i-T/-\[Z)fC' r\LJLJI I \yi \ 'Ov^'DL-Z/v/O/^/v Milk niDCTufI \ljiviOl-i \-7 /n O I UPSCALE- I INCH - 20 FEET IBEARINGS ARE BASED ON TUE OTTER TAIL COtMTT NARN NETNORK. • DENOTES IRON nONUtlENT FOUND. O DENOTES IRON tlONUnENT SET ItARKED 'RUS 0620 $ 17025*. A DENOTES NOOD LATN NTTU GRANGE RIBBON SET AND NARKED AS K~\\ /»I IKD V II . 8 ^ t___ -1 n:>DENOTES MAPLE TREE NITN TRUNK DIAMETER IN INCHES.I .; \ .;f ”5 s<^II >»-: :T5'r.:-"1 (g)I DENOTES ASN TREE NITN TRUt*: DIAMETER IN INCHES. DENOTES BA55NOOD TREE NITN TRUNK DIAMETER IN INCHES. !0§DENOTES OAK TREE NITH TRUNK DIAMETER IN INCHES.1364.4 Q C0) DENOTES BOXELDER TREE NITH TRUNK DIAMETER IN INCHES. 13^5 I33R.4 DENOTES SPOT ELEVATIONS TAKEN ON 5X7X0 ('NAVD BB DATUMJ ■36S.5 c:r: ;V OHNER: GORDON JENSB^ ET AL\,^370--------DENOTE FIVE FOOT CONTOUR INTERVALS BASED ON SPOT ELEVATIONS TAKEN ON 5/7/13 {NAVD 33 DATUTIJ K?\PAJ^:EL NO, 370CXmi0500CX>\\a.-- '13673APPRXXaMATE SITE OF PROPOSED CABIN K* \LATH F ^\J=163.3 PTmaeS" —s, \LATH\\ OMNER= MART MIDTHUN ET AL PAfXEL NO. 37000^062000 \062\ 370^A■<?>LATH A ILATH B n-sio- THIS SURVEY IS INTENDED TO PROVIDE ASSISTANCE FOR AN APPUCATION TO THE OTTER TAIL COUNTY BOARD OF ADJUSTMENTS. SURVEYOR'S CERTIFICATE CERTIFICATE OF SURVEY FOR:/ hereby certify that this survey, plan or report was prepared by me or under my direct supervision end that I am a Professional Land Surveyor licensed CORDON JENSENund&r the laws of the State of Himesota. Dated this 2!st day of flay, 2013. Glem Howe Professional Land Surveyor Minnesota License No. 17325 FIELD BOOK AL5-2I8/50 CONTRACT NO. 152-13 FOLDER 152-18 DRAMN BY GEN PROJECT BENOIMARK INFORFMTION^ Ub^ O denotes top of iron monument flush HITH ground - ELEVATION OF 066.6 FEET fNAVD 66 DATUM) 1786^ O DENOTES TOP OF IRON MONUMENT FLUSH MITH GROUND - ELEVATION OF 070.4 F^T (NAVD 66 DATIOI) f^6\ O DENOTE TOP OF IRON MONUMENT FLUSH MITH GROMD - ELEVATION OF I364.*i FEET (NAVD 66 DATUM) NPERSON LAND SURVEYING, INC.FIELD CREN JAKCNECKED BY UB/GEN EHNG FILE 152-18 CRD FILE 152-18PROFESSIONAL LAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS, MN 56537 (218) 739-5268 FAX (218) 739-5461 (800) 300-9276 DRAINING NUMBERREVISION:5EC-THP-RG 5-I3G-42 8562