HomeMy WebLinkAbout38000120083009_Variances_09-06-2007♦
1026140
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #__
was filed/recorded in this office
for record on the IA day o\ Wl__2007 at9^r
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pm
^ecoraerWendy L. Nletcj^jf, CO|^n1
bvA k -Prerecording fife
well certif()cate
_________THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE received
AUG 1 5 2007
land & RESOURCE
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
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TOWNSHIP _ MNGE TOWNSHIP NAME
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DAYTIME PHONEPROPERTY OWNER 3MAILING ADDRESS
LAKE NUMBER
/XSECTION
E-911
ADDRESS
PARCEL
NUMBER
LEGAL DESCRIPTION
TYPE OF \mfllANCE REQUESTED (Please Check) ^Omdb
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Subdivision Cluster Misc.Sewage SystemStructure SizeStructure Setback
-for '5oJe^
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. 14s HOn-feSKEoti
cone po.rc£_l irrfe 3 ^e.perod'^ rndljc)i(n^
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mid purc[^a9eJih^E^KSt bac|C U-h(pr4.vicl-l^ v/ari^tW^approv/eJ)?
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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 &
RESQJURCE MANAGEMENT REGARDING THIS MATTER.
47^. qQ ^77 X-7
OF Property owner / agent for owner J dateSIGNATURE
APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
»
-A fryDate Of Hearing Time
r
Motion
Eugene and Darrnell Krell - Approved the variance as requested with conditions. (8:50 p.m.)
After consideration and discussion, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to approve the proposed
subdivision with the following conditions: 1.) the east 1/3 of Tract B as identified on the registered surveyor’s drawing dated September 17, 1987
must be permanently attached to Lot 2 Block IHaggstrom Beach Fourth Addition, 2.) the remaining 2/3 of Tract B must be permanently attached
to Lot 4 Block 1 Haggstrom Beach Fourth Addition until such time as the applicants are able to convey the middle 1/3 of Tract B to the owner of
Lot 3 Block 1 Haggstrom Beach Fourth Addition at which time the west 1/3 of Tract B must remain permanently attached to Lot 4 Block 1
Haggstrom Beach Fourth Addition and the middle 1/3 must be permanently attached to Lot 3 Block 1 Haggstrom Beach Fourth Addition, and 3.)
a registered surveyor’s drawing identifying the three tracts must be presented at the time of conveyance. It should be noted that the conveyance
of the middle 1/3 of Tract B must be accomplished on or before February 15, 2008; otherwise, the middle 1/3 and the west 1/3 would remain
permanently attached to LoM ;k 1 Haggstrom Beach Fourth Addition unless the applicants sought another variance.
Chairman/Otter Tail\Dounty Board of Adjustment
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
tkuJINo
Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR
bk 0407-001
329,512 - Victor Lundeen Company, Fergus Falls. Minnesota
September 6, 2007
Page # 4
Joan F. Torgerson Trust - Approved the variance as requested. (8:02 p.m.)
Joan F. Torgerson Trust, part of Subdivision Lot 8 of the Subdivision of Government Lots 1, 2, 3 and 4,
Section 14 of Clitherall Township, requested the following; Owner seeks a variance of 2T from the
required ordinary high water level setback of 100’ for the placement of a detached garage. Hardship is the
terrain features of the applicant’s property as well as obstruction of view for neighboring property owners.
The structure will replace two existing storage structures and be farther from lake. Proposed building will
cause less disruption of hill and terrain behind two existing sheds. Proposed building will not obstruct view
for neighboring properties. The proposed building will not exceed impervious surface allowed, and
proposal is reasonable and is consistent with minimizing impact on the lake natural landscape. Les and
Sonja Torgerson and Jay Paulson represented the applicant at the public hearing. The audience was
polled with Owen and Becky Thompson and Milt Paulson speaking for the variance as requested. After
consideration and discussion, Randall Mann made a motion, second by Michael Harris to deny the
variance as requested noting that the application is very similar to the application which was deny in
August, a reasonable use of the property can be obtained without the granting of the variance and there is
no adequate hardship unique to this property that would allow for the granting of a variance for the
structure as proposed. This motion failed with Les Estes, Paul Larson, Steve Schierer and Carl Zick voting
no. After additional discussion and consideration, Paul Larson made a motion, second by Les Estes to
approve the proposed development as described in the variance application dated August 15, 2007 and as
depicted on the three drawings submitted with the application. This motion passed with Les Estes, Paul
Larson, Steve Schierer and Carl Zick voting in favor of the motion. Those voting in favor of the motion
noted that the proposed location is a reasonable location that will not obstruct the view from the adjacent
properties and noting that the proposed development is similar to other development that has been
approved by the Board in the past. Hardship is the terrain of the applicant’s property. Note - There was
approximately 50 minutes of discussion regarding this variance application. The information listed above is
a very brief summary of the discussion; therefore, the secretary has decided to file the tape of this hearing
with the printed minutes for future reference.
Eugene and Darrnell Krell - Approved the variance as requested with conditions. (8:50 p.m.)
Eugene and Darrnell Krell, part of Government Lots 5 and 6, Section 12 of Maine Township by Pickerel
Lake, requested the following; Request lots buildable for non-residential use. Request to divide one parcel
into 3 separate parcels, matching (across) from lake front Lots 2, 3, and 4. The west lot of the 3 back lots
is taxes as part of Krell Lake Lot 4. There are 2 remaining lots. The owners (Hagen) of lake front Lot 2 will
purchase the east back lot (150’ by 358’ deep). Also request the middle section to be available for sale in
future to right buyer. The audience was polled with no one speaking for or against the variance as
requested. After consideration and discussion, Steve Schierer made a motion, second by Michael Harris
and unanimously carried, to approve the proposed subdivision with the following conditions; 1.) the east
1/3 of Tract B as identified on the registered surveyor’s drawing dated September 17, 1987 must be
permanently attached to Lot 2 Block IHaggstrom Beach Fourth Addition, 2.) the remaining 2/3 of Tract B
must be permanently attached to Lot 4 Block 1 Haggstrom Beach Fourth Addition until such time as the
applicants are able to convey the middle 1/3 of Tract B to the owner of Lot 3 Block 1 Haggstrom Beach
Fourth Addition at which time the west 1/3 of Tract B must remain permanently attached to Lot 4 Block 1
Haggstrom Beach Fourth Addition and the middle 1/3 must be permanently attached to Lot 3 Block 1
Haggstrom Beach Fourth Addition, and 3.) a registered surveyor’s drawing identifying the three tracts must
be presented at the time of conveyance. It should be noted that the conveyance of the middle 1/3 of Tract
B must be accomplished on or before February 15, 2008; otherwise, the middle 1/3 and the west 1/3 would
remain permanently attached to Lot 4 Block 1 Haggstrom Beach Fourth Addition unless the applicants
sought another variance.
tNDERSON LAHD SURVEYING, INC.
4-03 SOUTH UNION AVENUe FEROUS FAl_L_S, MINNESOTA SeS^T
CZ^ 8) 739 — 8268
RECEIVED
AUG 1 5 2007
LAND & RESOURCE
60
scale
Seal*! 1 inch ■ 60 feet Bearings are based on an assumed datum.• Denotes iron monument found, o Denotes iron monument set marked "RLS 13620".
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Li'oe of 3EC. fS
PARCEL A PARCEL 0—1PARCEL T>
mnnBBota'**described*as"’follows:^’ Section 12, Township 134, Range 41, Otter Tail County,All that part of Government Lot 6, Section 12, Township 134, Range 41, Otter Tail County,
Minnesota, described as follows!All that part of Government Lot 6, Section 12, Township 134, Range 41, Otter Tail County, Minnesota, described as follows!
Commencing at the southeast corner of said Section 12; thence on an assumed bearing of South 69 degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance of 2330.31 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 31 seconds West a distance of 86.48 feet; thence North 6 degrees 47 minutes 26 seconds West a distance of 410.81 feet to southeasterly line of the Dedicated Road as dedicated in HAG6STR0M BEACH FOURTH ADDITION, according to the recorded plat thereof; thence North 66 degrees 10 minutes 38 seconds East along said southeasterly line of the Dedicated Road, a distance of 76.16 feet to the southerly line of Pickerel Drive as dedicated in HAGGSTROM BEACH END ADDITION, according to the recorded plat thereof; thence South 72 degrees IS minutes 54 seconds East along said southerly line of Pickerel Drive, a distance of 132.80 feet to the intersection with a line which bears North 8 degrees 44 minutes 16 seconds East from the point of beginning; thence South 8 degrees 44 minutes 16 seconds West a distance of 402.22 feet to the point of beginning.
Containing 1.3B acres more or less.
Commencing at the southeast corner of said Section 12; thence on an assumed bearing of South 89 degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance of 2665.30 feet to the South Quarter corner or said Section 12; thence South 88 degrees SS
minutes 22 seconds West along said south line, a distance of 327.85 feet to the point of beginning of the land to be described; thence continuing South 88 degrees 53 minutes 22 seconds West a distance of 433.10 feet to southeasterly line of the Dedicated Road as dedicated in HAGGSTROM BEACH FOURTH ADDITION, according to the recorded plat thereof; thence North 66 degrees 10 minutes 38 seconds East along said southeasterly line of the Dedicated Road, a distance of 397.80 feet to the intersection with a line which bears North 24 degrees 82 minutes 34 seconds West from the point of beginning; thence South 24 degrees 22 minutes 34 seconds East a distance of 167.46 feet to the point of beginning.
Commencing at the southeast corner of said Section I2t thence on an assumed bearing of South 89 degrees 32 minutes 51 seconds West along the south line of said Section 18, a distance of 1854.72 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 51 seconds West a distance of 75.00 feet; thence North 9 degrees 32 minutes 58 seconds East a distance of 208.93 feet to the southerly line of Pickerel Drive as dedicated in HAGGSTROM BEACH END ADDITION, according to the recorded plat thereof; thence South 41 degrees 06 minutes 55 seconds East along said southerly line of Pickerel Drive, a distance of 3.97 feet; thence southeasterly along said southerly line of Pickerel Drive, on a tangential curve, concave to the northeast, having a radius of 136.00 feet and a central
angle of 12 degrees 11 minutes 27 seconds, for an arc distance of 28.94 feet to the intersection with a line which bears North 5 degrees 09 minutes 56 seconds West from the point of beginning; thence South 5 degrees 09 minutes 56 seconds East a distance of 183.56
feet to the point of beginning.Containing 0.76 acres more or less.
Containing 0.22 acres more or less.PARCEL B
All that part of Government Lots 5 and 6, Section 12, Township 134, Range 41, Otter TailCounty, Minnesota, described as follows:
Commencing at the southeast corner of said Section 12; thence on an assumed bearing of South 89 degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance of 2503.27 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 31 seconds West a distance of 162.03 feet to the South Quarter corner of said Section 12; thence South 88 degrees 55 minutes 28 seconds West along said south line, a distance of 327.85 feet; thence North 24 degrees 22 minutes 34 seconds West a distance of 167.46 feet to southeasterly line of the Dedicated Road as dedicated in HAGGSTROM BEACH FOURTH ADDITION, according to the recorded plat thereof; thence North 66 degrees 10 minutes 38 seconds East along said southeasterly line of the Dedicated Road, a distance of 449.91 feet to the intersection with a line which bears North 24 degrees 16 minutes 13 seconds West from the point of beginning; thence South 24 degrees 16 minutes 13 seconds East a distance of 358.50 feet to the point of beginning.
Containing 2.71 acres more or less.
I
SURVEYORB'B CERTIPICATEPARCEL Q—e
All that part of Government Lot 6, Section 18, Township 134, Range 41, Otter Tail County,
Minnesota, described as follows:
PARCEL E I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of
Minnesota. Dated this 17th day of September, 1967.All that part of Government Lot 6, Section 12, Township 134, Range 41, Otter Tail County, Minnesota, described as follows:
Commencing at the southeast corner of said Section 12; thence on an assumed bearing of South 89 degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance o 2078.34 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 51 seconds West a distance of 231.97 feet; thence North 8 degrees 44 minutes 16 seconds East a distance of 402.28 feet to the southerly line of Pickerel dedicated in HAGGSTROM BEACH 2ND ADDITION, according to the recorded plat thereof; thence South 78 degrees 15 minutes 34 seconds East along said southerly line of Pickerel Drive, a distance of 37.13 feet to an angle point in said southerly line of Pickerel Drive; thence South 69 degrees 17 minutes 10 seconds East along said southerly line of Pickerel Drive, a distance of 230.04 feet to the intersection with a line which bears North 14 degrees 51 minutes 83 seconds East from the point of beginning; thence South 14 degrees 51 minutes 83 seconds West a distance of 307.06 feet to the point of beginning.
Containing 2.16 acres more or less.
Commencing at the southeast corner of said Section 12; thence on an assumed bearing of South 69 degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance of 1779.v9 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 5l seconds West a distance of 74.73 feet; thence North 3 degrees 09 minutes 36 seconds West a distance of 329.17 feet; thence North 11 degrees 00 minutes 33 seconds East a distance of 163 feet more or less to the shoreline of Pickerel Lake; thence easterly along said shoreline to the intersection with a line which bears North 7 degrees 84 minutes 34 seconds East from the point of beginning; thence South 7 degrees 84 minutes 34 seconds West a distance of 464 feet more or less to the point of beginning.
Except that part lying within dedicated Pickerel Drive as dedicated in the subdivision plat of HAGGSTROM BEACH 2ND ADDITION, according to the recorded plat thereof.
Containing 1.10 acres more or less.
Ai^er^n^
Land Surveyor Minn. Reg. No. 13620
NOTE! Parcels G-1 and G-2 are to be combined into one parcel.
of
Drive as
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I3 CERTIFICATE OF SURVEY FOE:IPARCEL C PARCEL H
All that part of Government Lot 6, Section 18, Township 134, Range 41, Otter Tail County, Minnesota, described as follows!
Commencing at the southeast corner of said Section 18; thence on an assumed bearing 89 degrees 32 minutes 31 seconds West along the south line of said Section 12, a dl 1630.26 feet to the point of beginning of the land to be described; thence continuing South 69 degrees 32 minutes 5l seconds West a distance of 149.73 feet; thence North 7 degrees 24 minutes 54 seconds East a distance of 464 feet more or less to the shoreline of Pickerel Lake; thence easterly along said shoreline to the intersection with a line which bears North 6 degrees 00 minutes 00 seconds East from the point of beginning; thence South 6 degrees 00 minutes 00 seconds West a distance of 439 feet more or less to the point of beginning.
Except that part lying within dedicated Pickerel Drive as dedicated in the subdivision plat of HAGGSTROM BEACH 2ND ADDITION, according to the recorded plat thereof.
Clontaining 1.26 acres more or less.
6 PARCEL E•3'.. R.n,. Ott.r T.il county.
GLEN ROGNESSzIAll that part of Government Lot 6, Section 18, Township 134, Range 41, Otter tail County, Minnesota, described as follows!Commencing at the southeast corner of said Section 18; thence on an assumed bearing of South 89'degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance of 2416.79 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 51 seconds West a distance of 86.48 feet; thence North 24 degrees 16 minutes 13 seconds West a distance of 358.50 feet to southeasterly line of the Dedicated Road as dedicated in HAGGSTROM BEACH FOURTH ADDITION, according to the recorded plat thereof; thence North 66 degrees 10 minutes 38 seconds East along said southeasterly line of the Dedicated Road, a distance of 802.58 feet to the intersection with a line which bears North 6 degrees 47 minutes 26 seconds West from the point of beginning; thence South 6 degrees 47 minutes 26 seconds East a distance of 410.81 feet to the point of beginning.
Containing 1.24 acres more or less.
of South
stance ofb'Commencing at the southeast corner of said Section 12; thence on an assumed bearing of South 89 degrees 32 minutes 51 seconds West along the south line of said Section 12, a distance of 2003.34 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 32 minutes 31 seconds West a distance of 73.00 feet; thence North 14 degrees 51 minutes 83 seconds East a distance of 307.06 feet to the southerly line of Pickerel Drive as dedicated in HAGGSTROM BEACH END ADDITION, according to the recorded plat thereof; thence South 69 degrees 17 minutes 10 seconds East along said southerly line of Pickerel Drive, a distance of 13.94 feet to the intersection with a line which bears North 3 degrees 17 minutes 41 seconds East from the point of beginning; thence South 3 degrees 1 seconds West a distance of 291.76 feet to the point of beginning.
i FIELD BOOK
ALS-32/66
CONTRACT NUMBER
203-87Iu
DRAWING NUMBERCOMPUTER FILE
203-879minutes 41t 2171Containing 0.30 acres more or less.s DISK NUMBKJ?:I 6
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STOCKORAFTING FORM NO.
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
County of Otter Tail)
I, Wayne Steiri, Secretary for the Board of Adjustme;nt for Otter Tail County, Minnesota, do hereby
certify that on the 20th, day of August, 2007 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment:
Eugene W & Darrenll D Krell, 12148 Dogwood St, Coon Rapids, MN 55448 2623
Joanne Seeger, Twp Clerk of Maine, 32829 County Highway 35, Dent, Mn 56528
)SS
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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
Terry Lejcher, DNR 1509 1®* Ave N., Fergus Falls, MN 56537
DNR Regional Administrator, 2115 Birchmont Beach Rd; NE, Bemidji, MN 56601
Town Clerk
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65; Henning, MN 56551-9573
Richard s. Schierer, 32117 260th Ave, Erhard,MN 56534
Carl Zick, 25850 Lida Shores Loop, Pelican Rapids, MN 56572
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672
David Trites, 20944 Westwood DR, ciitherall, 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: August 20, 2007
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
'-Qy<~iJLycQBy:
Vi Manderud
IMPERVIOUS SURFACE CALCULATION WORKSHEET:
List of Onsite (Existing and Proposed) Impervious Surfaces (must be shown on scale drawing):
Structure(s):
Deck(s):
> Driveway(s):
Patio(s):
Sidewalk(s):
• )1 'iStairway(s):
Retaining Wall(s):
Landscaping:
(Plastic Barrier)
Other:
TOTAL IMPERVIOUS SURFACE:
,Vd igljL:-----citiijp'
/.Jt aePfi-SLOT AREA:Ft2
/Sod O O/A^ xioo =
TOTAL IMPERVIOUS SURFACE LOT AREA IMPERVIOUS SURFACE RATIO
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SCALE DRAWING FORM 1
f^roperlv Xt> 3SOOOi^0083od)^
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TaiS>arcel Number(s) Corr\ S€T COft SELC iZ VJ Z50 3,
i o PT" oF BGt j ia/
The scale drawing must include the outside dimension (lotlines) of the property above the ordinary high waterlevel, and must identify the type,
size (square feet), and location of all existing and proposed structures, additional onsite impervious surfaces, road right-of-way(s), ordinary high
water level(s), septic tank(s), drainfield(s), bluff(s) & wetland(s). Must also include all proposed topographical alterations.
I
t
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%Scale ^Impervious Surface Ratio
(Must Complete Worksheet On Other Side)f
;received
AUG 15 zoo?
land & RESOURCE
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Signature of Property Owner Date
BK — 0207 329,066 • Victor Lund«en Co. Printers • Pergus Falls. ^ * 1*800‘346-4870
Notice of Hearing for Variance
Otter Taii County
Government Services Center
510FirAveW
Fergus Faiis, MN 56537
(218) 998-8030/998-8041
Email - wstein@c6.6ttertaii.mn.us
www.co.otter-tail.mn.us
Appiicant must be present at the scheduled hearing.
To Whom It May Concern:
Eugene and Darrnell Krell
121'48 Dogwood St. NW
Coon Rapids, MN 55448
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
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Thursday, September 6, 2007 at 7:30 p.m.,
•y.
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 accqmmodations should contact the County Auditor’s offibe prior to the date of
the public hearing.
The,property concerned; in the application is legally described as . ,
Lot 4 Haggstrom’s Beach 4*'' Addition and 2.71 acres in Government Lots 5 and 6,
Property Address- 33431 Pickerel View Drive
Section 12, Towns|hip 134,.Range 41-Township'Name- Maine
Lake No. 56-475, Lake Name - Pickerel, Class-RD
The variance requested is -
the following:- Request lots buildabl.e for non-residential use. Request to divide,one parcel into 3 separate parcels,
matching (across) from lake front Lots 2, 3, and 4. .The west lot of the 3 back lots is taxes as part of Krell Lake Lot 4.
There are 2 remaining lots. The owners (Hagen) of lake front Lot 2 will purchase the east back lot (150’ by 358’ deep).
' Also request the middle section to be available forsale in future to right,buyer.
; .
'fTJrync Stein
Board of Adjustment Secretary
Date: August 16, 2007
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