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Home My WebLink About38000320247004_Variances_09-02-2010OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify that this instrument # 10S0437 was fiied/recorded m this office for record on the_3__day of Wendy L. Mejtcaif, Coun weii certificate -(^^pm er r^eputy 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 _ Receipt Number Accepted By / Date ArVty COMPLETE THIS APPLICATION IN BLACK INK id—PROPERTY OWNER DAYTIME PHONE g/p bln/ . Bk 3o^ /y)cc4\'^ fWi ^ Al^n -Skor-f /£ind LLVsf Lci-t n. MAILING ADDRESS /l/sLAKE NUMBER LAKE NAME LAKE CLASS A/e _ TOWNSHIP _OlziC_ev RANGESECTION TOWNSHIP NAME PliL.in/U PARCEL NUMBER E-911 ADDRESS A- jg-^0DD^:i o;J4locA LEGAL DESCRIPTION 5-5* At lrae_f in (ta'- jjuui Tlf^iifkon TYPE OF VARIANCE REQUESTED (Please Check) Subdivision ClusterStructure Setback Structure Size Sewage System Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. ^ ^ \JJt (XvX fvof05in^ OL i I3 Atr^ TrcAcf o-f ^ ^ M oo \jOi\\ AtY-^S- P^00f\)Oi^ of in-e f/.(^\a.\n)ncj iS U'CSkA iooO^ of \^i^3V Usf UU, Mso m(a€Sf f6 htLve. iooVn Vlori'j?urpoSf3- 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 REGARDINGJHIS MATTER. 7-.M //)//) SIGNATURE OFPIj(OPERT'NE GENT FOR OWNER DATE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Flearing) /^/T)c^O/(9Date Of Hearing Time Motion Tingvold Lutheran Church - Approved the variance application as requested. (6:47 p.m.) After consideration and discussion, Thomas Lee made a motion, second by Robert Schwartz and unanimously carried, to approve the variance as requested in the application dated July 29, 2010. It was noted that this is consistent with past actions of the Board of Adjustment. CnaifmanTbtter Tail County Board of Adjus^ent Permit(s) required from Land & Resource Management ^ Yes (Contact Land & Resource Management) QaVM 1,,^ xJhutamb) 'Q'lDCopy of Application Mailed to Applicant, Co. Assessor and the MN DNR LR Official/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls, Minnesota i • . -i v m OFFICE OF COUN FY RECORDER OTTER TAIL MINN ESOTA I hereby rarUfy that this Instrument g 3.040577 was fUed/recorded In U lie office for record oh thie it _day of t IIIM 2H08 atjj^j^i^pm WendVlL Metc^f. 0oui ityReimf&r ^Y - Deputy 160100SO 25 O SOm £ 1/4 COR OF . S£C. 32’-l34‘4llawataP SCALE IN FEET PRCRoaePLee^pesawmo^ PARCtL A That pari o' Ooyemmant Lot ‘f, Section S3, Toujnohip ISt, Range 41, Otter Tail Coonty, Minneeota deecribed as fallows: by: LM_recordln!|fee ^ J well cert! neats ■ SCALE- I INCH - 6C .FEET BEARINGS ARE BASED ON AN ASSUflED DATUn.9 DENOTES IRON nONUriENT FOUND.. O DENOTES IRON nONUHENT SET MARKED •RLS 4 ITSiSr C:, DENOTES MAG NAIL SET. Beginning at the Southeast comer of said Section_S2i t^mtee an an assumed i<earing of North SR degrees SO minutes 14 se'onds Nest along the south One of sm Section S3, a dlstcnce of SR6.^ fee to the southeasU riy correr of a Dedicated_ Road, as dedicated in HATFIELD ADDITION according to the recorded plat thereof; ther ee North 00 degrees OO minuU» 16 seca^s East aUng the easterly line of i aid Dedicated Road, a cistance of 36.31 feet to thm northeasterly carter of said Dedicated Rood; thence continuing North OO degrees 00 minutes 16 seconds East alar\ the easterly line of Reserre Lot A, said HATFIELD ADDITION, a distance I3.7d feet to m ertgle point in said easterly line of Reserve Lot A; three North 01 degree 06 minutes 36 seconds .•iest gong said easterly Ine of Reserve Lot A, a distance of 3S6.0S Net to the southerly Une of s^ Reserve Lot A; thence South S9 degrees SO minutes 14 second'. East along said southerly line of Reserve Lo) A and along the southerly Une of o Dedicated Rood, as dedicated In sak' HATFIELD ADDITION d. distance of 404.06 feet to the east line i f said Section S3; thence an a bearing of South gang said east line of Section S3, a distmee 435.^ feet to the point of begimkig. c:i E LINE OF SEC. S3-134-41§N h~O " <rC)t'LT LINE OF RESERVE LOT A AS PER HATFIELD ADDITION Ar-£TiN /r- i___I \ V I____ C“C I \ L-L - 'w' /o•\1 u:;LiJSir LINE OF DEDICATED ROADsS%r LINE OF RESfR 'E LOT A AS PER HATFIELD ADDITION .............. 5 SATSO^kPE 404.06 •• H0\lN 22S.69 Subject to County i tate' Aid' Highway' -af~woy easements. Subject If aiy. ..Containing 4 OO acres more or less. No. 1 and C vnty State Aid Highu^ No. 35 right to other eat ements and reservations of reeera, I3*^. IS37.00347.66/IS.37-\SE'LT COR OF A DEDICATED ROAD PER HATFIELD ADDITION X PROPOSED LBSAL DE3CRIPT)C^ PAPCEL B Thg pa‘t o' Reserve Lot A, HATFIELD ADDITION, acccriing to the recorded pig thereof_ Otter Tgi County, Minnesota, described as {'allows: 1.30 E‘LT Li'iE Of RESERVE LOT A AS PEh HATFIELD ADDITION Cammenct'g g the Southeast comer of Section S3, TcunsNp 134, Rcnge 4l, said Couni y; thence on an assumed becr 'ng of North degrees 3^ minutes 14 secondi Nest along the .south'.line of said Section 3i. a distance of S^.M felt to tfe southeaeterty corner of a Dedicated Road, as dedicged in sdd hb TFiELD ADDITION; thence North 00 degrees 00 minutes 16 seconds East alapi the easterly line of sg'd Dedicated Rood, a distance of 36.31 feet to-t/e northeasterly comer of said Dedicated Root', being the point of begkrxkxg of the land to be described; thence ccntincnglN^h 00 degrees CO minutes i6 seconds East along the easterly line of Reserve Lot A, said HXTFIELD ADDITION, a distance of tS.TR feet to an angle point in sad easts “ly line of Reserve Lot A; thence Norp^ O! d»gree'06 minutes 26 seconds hest along said easterly Une of Reeer\e- Lot 4 a dietaiee of 366.06 felt to the southerly INe of said Reserve Lot t\; thence North 69 degrees 30 minutes 14 seconds Nest a distance of 325. p5 feg; thence396.57 r - / r ” / i—\/ » Ar1 /~\ I I A I I__i_ - i_-//,—\ L-/ ; I 21 -1CT" r~ 2''' i~ . . O 21•7 I \ .I .10•s,f CO : - o South 01 >leg"ee 06 minutes 26 seconds East a distance of the southrly line of said Reserve'Lot A; thence South 69 degrees 10 minutes 2 0 seconds East gong last sad southerly line • *f Reserve Lg A, a aijtance ot 335.43 Feet to the point of begiming. feet toE-i. / L - / /* ^ '/ 9 Containing 3 07 acres more or less, of record, /V any. !e Subject to easemen s and reservgionsV 3 V I %COrn 8 9 HI t:PARCEL A 5 N PARCEL BIK CCORREC nVE CMURO-I RARCEL.^ CRROROSED ^sODITieSN^£4.00 J.CRES It;$ACRES2.07 8 O8E~.N'LT R/N LINE OF C.S.A.H. NO. 352 12;tr;I OF C.S.A.H.NO. 35 3URVErOR‘S CERTIFICATEO / hereby certifv that this is'a true and correct representati n of a survey of the boundtries of tha goove described lend, aid thg this st rvey was prepared by me or under r. ly direct supervision end that I am a duty Lk ensed Professional Laid Surveyor under the lews of the State of Minnesota, D tied this 16th day of February, 30(X '. OA QNE'L r COR OF A DEDICATED ROAD PER HATFIELD ADDITION Glem Howe Professional Land Surveyo * Minnesota License No. 176^ '/ANGLt POINT IN RESERVE LOT A AS PE^ HATFIELD ADDITIONS'LT LINE OF RESERVE LOT A AS PER HATFIELC ADDITION N'LY R/N LINE OF C.S.A.H. NO.\236.43 N a9‘IO‘20"H 5i7.9S 5 1/4 COR OF BEC. 33-134-41 •■■■. LINE DF DEDICATED ROAD ... evi STATE ■S LINE Of SEC. 33-134-41t N I { Z'i—/ lZ. I w r *■—\\ I i___S£ COR OF SEC. 33-134-412257 99 N 69^t4‘N 396.60 ___ 69*30'I4‘N \3654.59 N 69VD'30*N 3764.34 SELT COR OF A DEDICATED ROAD PER HATFIELD ADDITION CERTIFICATE OF SURVEY FOR:s.CO. HNY PI AID HIGHWAY NO. 1 (£ OF C.S.A.H. NO. /CO. HNY PI TINGVDLD LUTHERAN CHURCH THIS SURVX7' IS FOR CORRECVVC T771f AND APDITION U. ACREAGE PURPOSES.HELD BOOKALS-l4q/3feDRAIN BY 3EH ♦ RVE CONTRACT NUMBER 433-02 I rnsLD cm RVB i CAE .CHICKED BY DAA TE7CT FILE TEXT DBK 433-02 I"NDERSON L.AND SURVBTINS, INC. 313 SOUTH MILL STItEET, FERGUS FALLS, riN Gd^-dUB (»S) 73q-B26e 416 WASHINGTON AV ENUE, DETROIT LAKES, ITN (tS) 1347-0600 JDRAWING NUUBSBDWG.DISKDWG nLB ' 433-02 5317,525 a MINUTES OF THE MEETING OF THE OTTER TAIL COUNTY BOARD OF ADJUSTMENT Thursday, September 2, 2010 The Otter Tail County Board of Adjustment met Thursday, September 2, 2010, with the following persons in attendance: Michael Harris Steve Schierer Kyle Westergard, Land and Resource Management David Hauser, County Attorney Thomas Lee Robert Schwartz Randall Mann Called to Order - Randall Mann, Chair called the meeting of the Board of Adjustment to order at 6:30 p.m. Minutes Approved - The Board of Adjustment approved the minutes of the August 5, 2010 meeting as mailed. Recent Court Decision - David Hauser, County Attorney, provided information concerning a recent court decision, the standard that were applied and noted that the court's decision did not impact the standards which are currently applied in the variance decision making process by the Otter Tail County Board of Adjustment. The Board of Adjustment considered the following applications for variance: Howard and Darlene Bradsteen - Approved the variance application as modified. (6:33 p.m.) Howard and Darlene Bradsteen, part of Lot 5 and all of Lot 6 Mary's North Shore Beach, Little Pine Lake in Gorman Township, requested the following; allow screen porch to be constructed on existing deck with variance from the ordinary high water level and the impervious surface coverage. Variance from ordinary high water level is 34' and variance from impervious surface would be 10.8%. 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 carried with Michael Harris voting no, to approve the construction of a screen porch, on the existing deck, extending no more than 8' towards the ordinary high water level (lake) and having a width no greater than the width depicted on the drawing submitted with the variance application. The variance as approved provides the applicants with the ability to enjoy the same rights and privileges as their neighbor to the west. It was noted that the variance as approved does not increase or decrease the amount of impervious surfaces. Bass Lake Paradise - Denied. (6:42 p.m.) Bass Lake Paradise, LLC, Lots 1 and 2 Blyberg's Point, Bass Lake in Dunn Township, requested the following: Ordinance requirement reads - over 400' can be any height. The proposed construction of a new lighthouse measures 38 to 40' in height, with a length of 358' to the high water mark. Note - Maximum height for a non-dwelling is 20'. Richard Schmit, Contractor appeared with the applicant. The audience was polled with no one speaking for or against the variance as requested. After consideration and discussion, Randall Mann made a motion, seconded by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship/practical difficulty had been shown that would allow for the granting of the variance as requested, the applicant can obtain a reasonable use of the property without the granting of the variance as requested, can enjoy the property without the variance as requested and the granting of the variance as requested would establish precedence in this immediate area. It was noted that the only hardship is a self-imposed hardship created by the placement of the existing 40' by 80' storage building. I^ingvold Lutheran Church - Approved the variance application as requested. (6:47 p.m.) Tingvold Lutheran Church, part of the Southeast Quarter, Section 32 of Maine Township by West Lost Lake, requested the following: To form a cemetery association we are proposing to split a 1.13 acre tract off of the 4 acre tract. The remaining tract will have 2.87 acres. A portion of the remaining tract is located within 1000' of West Lost Lake. Also request to have both parcels declared buildable for non-residential purposes. The audience was polled with Carl Johnson questioning if the church had provided proper notice. After consideration and discussion, Thomas Lee made a motion, second by Robert Schwartz and unanimously carried, to approve the variance as requested in the application dated July 29, 2010. It was noted that this is consistent with past actions of the Board of Adjustment. ■ 1 <r--- ' 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 13'^, day of August 2010 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Tingvold Lutheran Church -29370 County Highway 1, Underwood, MN 56586-9247 Joanne Seeger, Maine Township Clerk - 32829 County Highway 35, Dent, MN 56528 Otter Tail County Cola, C/0 John Matteson - 23674 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 Richard S. Schierer - 32117 260"^ Ave, Erhard, MN 56534 Robert Schwartz - 31548 County Highway 75, Wadena, MN 56482 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 13, 2010 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: Vi Manderud [ "I >-•' ■■; PHILIP R AUNE 27499 31OTH AVE UNDERWOOD MN' 56586 9316 RICHARD A HABBERSTAD 27685 COUNTY HIGHWAY 35 UNDERWOOD MN 56586 9320 SANDRA BARNHOUSE BUCKLEY 30016 COUNTY'HIGHWAY 1 UNDERWOOD MN 56586 9249 'i-i. •| i:. EUGENE A NELSON & T BURDINE 30067 COUNtS'.HIGHWAY 1 . • UNDERWOOD MN-.56586 9346 TINGVOLD LUTHERAN CHURCH , 29370 COUNTY HIGHWAY 1 UNDERWOOD MN 56586 9247 PATRICK & AMY HERZOG 213VERNON AVE W . FERGUS FALLS MN 56537 2720 ?.. ; V ! Notice of Hearing for Variance Otter Tail County Government Services Center 510 Fir Ave W 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: Tingvold Lutheran Church do Marlin Genz 303 E Main Ave Clitherall, MN 56524 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, September 2, 2010 at 6:30 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 shouid contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as a 3.5 acre tract in the Southeast Quarter, Property Address - 28041 County Highway 35 Section 32, Township 134, Range 41 - Township Name - Maine Lake No. 56-481, Lake Name - West Lost, Ciass - NE The variance requested is - the following: To form a cemetery association we are proposing to split a 1.13 acre tract off of the 4 acre tract. The remaining tract will have 2.87 acres. A portion of the remaining tract is located within 1000’ of West Lost Lake. Also request to have both parcels declared buildable for non-residential purposes. W(^ne Stein Board of Adjustment Secretary Date: August 13, 2010