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HomeMy WebLinkAbout38000990640000_Variances_06-08-2000\ OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA I hereby certify thaLthis instrument # oO«3^ * O was filed/recorded in this office for recofion the l^j__day of TJunC' 2000 at IQ.00 (gbm Wendy L^etcalfjCoi^ty F^order by; __Deputy rh^m.56 865276 recording fee well certificate THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIANCE COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS, MN 56537 (218) 739-2271 *** COMPLETE THIS APPLICATION IN BLACK INK Application Fee $150.00 Receipt Number DAYTIME PHONE 218-405-2150PROPERTY OWNER TpT*T-y .Tpngpn RR 2. Box 354, Underwood, MNADDRESS LAKE NUMBER 58-475 LAKE NAME Pickerel Lake LAKE CLASS RD SECTION 14 TOWNSHIP 134 RANGE 41 TOWNSHIP NAME Maine FIRE / LAKE I.D. NUMBER 602 and 603 UnderwoodPARCEL NUMBER .gee T.ax staTements LEGAL DESCRIPTION see attached TYPE OF VARIANCE REQUESTED (Please Check) Subdivision XStructure Setback Structure Size___Sewage System Cluster Misc. SPECIFY VARIANCE REQUESTED A variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two lots with separate buildings to be granted on the above-described property based on the fact that both lots were purchased before the contiguous ownership of substandard size lots was placed into the zoning ordinance; with this, the owner did not have any indication that the shoreland laws have changed; and landowners should not be punished for this type of law change. * SEE ATTACHED FOR FURTHER EXPLANATION I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. E REQUIRED, IT IS MY RESPONSIBILITY TO RDING THIS MATTER. I ALSO UNDERSTANDWAT OTHER P CONT/rcf LAND iL RE^URCE MANXI 0^1 DATEiqkIatiPROPER APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) /_■; /\-blJune 8, 2000 ^ Page 8 lO-ISr ) V r: ■ •^Ooc-'C ■< ^ < ' ■ pUp'La'c '■■"' v/- -Cby.7/775 73 'oo / - 560 Hi ui'i W-:IV'] u { r Accepted By Land & Resource L & R Official/Date nt-30Oc)ov>TimeDate Of Hearing Motion Terry Jensen - Denied Motion was made by Mark Steuart, second by Cecil Femling and unanimously carried, to deny the variance as requested as the granting of the variance would establish a precedence and would be contrary to past actions of the Board of Adjustment. Chaihm^nVdtter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No 7/7^^Copy of Application Mailed to Applicant And the MN DNR L R Official/Date bk 0198-001 291.306 • Victor Lund«*n Co.. Printers • Fergus Falls. Minnesota June 8, 2000 Page 4 (Kapitan - Continued) Mr. Okerstrom is a certified installer and he noted that the Jewett Lake to Long Lake pipeline project is in part responsible for the requested variance. He noted that the variance as request would keep the proposed system 50’ from the pipeline and he also noted that the existing wetland would be dry within a couple of months after the installation of culverts. The audience was polled with no one speaking for or against the request. After much discussion and consideration, motion was made by Randall Mann, second by David Holmgren and unanimously carried, to approve a variance of 7’ from the required lot line setback of 10’, a variance of 7’ from the required mound absorption area setback of 10’ and a variance of 15’ from the required wetland setback of 50’ for the placement of a septic tank 3’ from the lot line and for the placement of the mound absorption area 3’ from the lot line and 35’ from the wetland. It was noted that the variance is being approved because of the accommodations made by the applicants for the pipeline project, which rendered their previous system useless and because the wetland area will no longer exist after the installation of the culverts. It was also noted that Arden Loven, the neighbor adjacent to the septic tank and mound system, has given permission for the variance and a properly installed mound absorption system will not adversely impact the adjacent property. Terry Jensen - Denied Terry Jensen, Underwood, MN, requested a variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two lots with separate buildings to be granted on the above described property based on the fact that both lots were purchased before the contiguous ownership of substandard size lots was placed into the zoning ordinance; with this, the owner did not have any indication that the shoreland laws have changed; and landowners should not be punished for this type of law change. The property is described as Lot 18, First Addition to Moore’s Beach and part of Government Lot 5, Section 11 of Maine Township by Pickerel Lake. Penn Brandborg, Attorney, appeared along with the applicant at the public hearing. Letters from Richard K. Nelson and Terry Lejcher, Area Hydrologist with the Minnesota Department of Natural Resource, opposing the applicant’s request were read for the record. Mr. Lejcher expressed concern with a hardship for the requested variance and noted that approving the request would establish precedence. Mr. Nelson also noted the lack of a hardship and the precedence that would be established by the granting of the variance. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Mark Steuart, second by Cecil Femling and unanimously carried, to deny the variance as requested as the granting of the variance would establish a precedence and would be contrary to past actions of the Board of Adjustment. Richard Earley - Approved Richard Earley, Et. Al., Detroit Lakes, MN, requested a variance of 177’ from the 18’ maximum allowable height of a non-dwelling structure for the construction of a self supporting lattice tower having a total height of 195’. The property is described as the Northeast Quarter of the Southwest Quarter, Southwest Quarter of the Northeast Quarter, East of the township road, and all of Government Lots 6, 9 and 10, Section 6 of Candor Township by Hand Lake. The audience was polled with no one speaking for or against the request. Mick McManman appeared along with the applicant at the public hearing. Mr. McManman addressed the need for this particular location and for the tower height. He also stated that this tower would have room for four additional telecommunication carriers. After consideration, motion was made by Steve Schierer, second by Cecil Femling and carried with Randall Mann and Mark Steuart voting no, to approve a variance of 177’ from the 18’ maximum allowable height of a non­ dwelling structure for the construction of a self supporting lattice tower having a total height of 195’. It was noted that the proposed location is approximately 600’ from the lake. Mark Steuart stated that he did not support the request because other sites outside of the shoreland area are available and this is something he did not want to see within the shoreland area. Richard K. Nelson 2341 Bloomington, 952-854-2832 June 4, 2000 Skyline Drive Mn. 55425 Wayne Stein, secretary Board of Adjustment Ottertaail Co. Dear Mr. Stein, This is in regard to the variance requested by Terry Jensen, RR2 Box 354, Underwood Mn. to allow two substandard size lots to remain as substandard sized lots.The hearing for this request is on June 8, 2000. My wife and I own five of the original 72 foot lots, fire # 608 through 612 to the east of Mr Jensen's property. for 30 years and are now retired spending about half time there. We have had a seasonal residence there We are opposed to the granting of this variance for the following reasons: 1. Adequate notice and time was given to change the ownership at at the time of the new ordinance. At the time, we split off two of our lots into separate ownership retaining three contiguos lots in joint ownership. We also own some land in Amor township which could also have been affected by the ordinance. As I recall, at the time there was much discussion among the neighbors at both locations about the impact of the ordinance and the required date for implementing a change. 2. It is my understanding that the granting of a variance is primarily dependent on the demonstration of a hardship imposed by applying the ordinance to the existing lot layout. There is no hardship having to do with access to the lots either from the lake side or from the road side or from the neighboring lots that this variance would alleviate. 3. Would not the granting of this variance open the door for many similar requests? We all know that in terms of property valuation, when looking at the value of contiguous land parcels, the sum of the pieces is nearly always greater than the whole. If, of the three lots that we now have in joint ownership, I could break off the east most lot which now only has a shed on it, similar to Mr. Jensen's case, I would increase the total value of my property. Even though I have no desire to do this, it would be of benefit to my decendants who might see things differently than I do. I am in favor of the current ordinance and opposed to granting this variance. Thank you, June 2, 2000 Otter Tail County Board of Adjustment Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Re: Terry Jensen Variance Application This letter represents opr opposition to the application by Mr. Terry Jensen to obtain a variance Mowing two (2) substandard size lots in the same ownership to be subdivided and remain as two lots with separate buildings to be granted at Lot 18, First Addition to Moore’s Beach and part of Government Lots 5. We’ the following property owners of Pickerel Lake oppose this variance for the following reasons: 1. Mr. Jensen has been aware of the zoning ordinance regarding subdivision of substandard lots. 2. This is an ordinance passed by the Otter Tail County Shoreland Management and should be strictly enforced by this Board. 3. We are concerned about over population of the lake. 4. Mr. Jensen has been operating a marine repair and service business in the building located on the west substandard lot which is not zoned as commercial property. We feel the Board should address this as well, as we do not feel this commercial use should be allowed.I 5. It appears Mr. Jensen is making this application strictly for personal financial gain. We look forward to your denial of this request and review of the commercial exposure in compliance with the current ordinance. Sincerely, Page 2 of letter dated June 2, 2000 r. V ^ IA aa^\O g> ^ w 7 ..^1 17 V h h/ / ! H 7 v4u4d IPAA.) Page 3 of letter dated! June 2, 2000 7 //JL A/ I /\\ Minnesota Department of Natural ResourcesMlST3(/)UJ 5 |>DNR WATERS 1221 Fir Avenue East Fergus Falls, MN 56537 (218) 739-7576 June 1,2000 Chairperson Otter Tail County Board of Adjustment Otter Tail County Courthouse 121 West Junius Avenue Fergus Falls, MN 56537 Dear Chairperson: RE:VARIANCE APPLICATION, PICKEREL LAKE, MR. TERRY JENSEN This office has reviewed the above application and I am very concerned about this issue. The issue of substandard lots was very controversial in Otter Tail County, and the Department of Natural Resources allowed an extra year of time for this new rule change to be adopted because of this controversy. It was well publicized and prominent in the news. It is true the law changed, but ignorance of the law is not among the issues necessary to grant a hardship, as required by MN Statue. If this variance application were granted, it would set a very difficult precedence in the county. Therefore, this office must on record as recommending denial of this application. Thank you for your consideration of these comments. Sincerely, Terrence R. Lejcher Area Flydrologist Region 1 Waters Bill Kalar c: DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste 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 15th, day of May, 2000 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment. Terry L. Jensen Sr. Tst., RR 2 Box 354, Underwood, MN 56586 Greg Lundeen, Pickerei Lake Assoc., 1602 29**' Ave S., Fargo, ND 58103 David Thompson, Maine Twp Clerk, RR 2 box 406, Underwood, MN 56586 Otter Tail County Cola, % John Matteson, Rt 2 Box 40W, Battle Lake, MN 56515 Richard West, Otter Tail County Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave., Fergus Falis, MN 56537 DNR Regionai Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Board of Adjustment: David H. Holmgren, RR 1 Box 188B, Henning, MN 56551 Richard S. Schierer, 3310 Roliins Beach Tris, Fergus Falls, MN 56537 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Joe Maske, RR 1 Box 60B, Pelican Rapids, MN 56572 Mark Steuart, RR 1 Box 82, Richville, MN 56576 by placing a true and correct copy thereof in a seaied enveiope, postage prepaid, and depositing the same in the United States Mail at Fergus Faiis, MN, property addressed to each of the individuais iisted above and/or listed in the attachment. Dated: May 15th, 2000 Wayne Stein, Secretary Otter Taii County Board of Adjustment <-<^<0By: Vi Manddrud \ LARRY'Z L SALLY 11 UTT ELLSWOimi & HELEN TORGEHSON PG BOK 301 p-'ERGUS FALLS, MN RR 2 EUR 254-2 UNDERWOOD, NN5&53E-0O0I SOOSO-9032 ERVIN H ROCHULL G L 11 I-IANSON ISl RR 2 BOK 374 UNDERWOOD, flN Ri\ 2 BOK 354-i UNDERWOOL>, UN565ae.-303&56530-9632 TERRY L JENSEN SR TST N DEAN L C:aROL L HIGH RR 2 BOX 354 UNDERWOOD, MN 969 LAS ROSAS DR WEST COVINA, CA 9I79I56586-9632 RICHARD K BARBARA L NELSON MATTHEW a, BliENDA HOBBS 2341 SKYLINE DR BLOOM ING’l'ON, MN 3 GOLDEN LILY PLACE SAN RAFALL, CA 9499355425-2184 CARL W i. DIANE K PRISCHMAHN DUREYN W L ISABELLE A HERMAN 14'2)3 COLLEGE WAY FERGUS FALLS, MN 1981 9TH ST N WAHPE’ION, ND 58075-522856537-1055 TILFORD 0 MARY V KROSHUS VIRGIL R JR ^ CYNTHIA HOISTAD 1307 IITH ST K APT 1 WAHPETON, ND 226 MAPLE AVE £ FORMAN, ND 58032-450458075-5023 Notice of Hearing for Variance Otter Taii County Courthouse 121 West Junius Ave. Fergus Palis, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom It May Concern: Terry Jensen RR 2 Box 354 Underwood, MN 56586 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 and/or the Subdivision Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, June 8, 2000, at 7:30 p.m.. in the Commissioners’ Room of the Otter Tail County Courthouse, Fergus Falls, MN. (Please use the west Law Enforcement entrance.) 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 Lot 18, First Addition to Moore’s Beach and part of Government Lot 5, Fire # 602 and 603 Section 11, Township 134, Range 41 - Township Name - Maine Lake No. 56-475, Lake Name - Pickerel, Class - RD The variance requested is: a variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two lots with separate buildings to be granted on the above described property based on the fact that both lots were purchased before the contiguous ownership of substandard size lots was placed into the zoning ordinance: with this, the owner did not have any indication that the shoreland laws have changed; and landowners should not be punished for this type of law change. lADate: May 12, 2000 Board omdjustment Secretary 'V Penn C. Brandborg ATTORNEY AT LAW 315 South Mill • P. O. Box 475 • Fergus Falls, MN 56537 • (218) 736-7447 • Fax (218) 736-5382 May 11, 2000 Land and Resource Management 121 W. Junius Suite 130 Fergus Falls, MN 56537 RE:Terry Jensen Application for Variance Dear Land and Resource Management: Please find enclosed for filing one original and six copies of an application along with attachments for the variance meeting to be held on June 1, 2000. free tO/^ontact me. Sinc^aly, If you have any questions, please feel Thank you. Penn C. Brandborg PCB/mbb Enclosure Copy: Terry Jensen \ "I CONTINUED SUPPORT FOR SEPARATION OF TWO SUBSTANDARD LOTS THE SUBJECT LOTS INCLUDE LOT' 18 OF THE FIRST ADDITION TO MOORE'S BEACH AND AN UNPl[aTTED, METES AND BOUNDS LOT ADJACENT TO THE I WEST. SEE MAPS AT'TACHMENTS B, C, D. THE FIRST ADDITION TO MOORE'S BEACH WAS PLATTED IN 1961 WITH LOTS I MEASURING APPROXIMATELY 72 FEET BY 235 FEET. DENWOOp ACRES FIRST ADDITION WAS PLATTED IN 1974 '.i THE JENSEN METES AND BOUNDS LOT IS BETWEEN THE.ABOVE-MENTIONED TWO PLATS AND WASjEXCLUDED: FROM BOTH PLATS- THE METES AND BOUNDS LOT HAS DIMENSIONS SIMILIAR 'TO THOSE OF THE LOTS IN FIRST ADDITION TO MOORE'S BEACH. .A! PETITIONER PURCHASED LOT 18 OF THE FIRST ADDITION TO MOORE'S BEACH IN SEPTEMBER OF 1975 AND BUILT A HOME, BOAT HOUSE AND GARAGE ON THE PROPERTY. SEE DEED ATTACHMENT E. PETITIONER PURCHASED THE METES AND BOUNDS LOT IN NOVEMBER 1986 AND BUILT A 32X48|SHOP EXCLUSIVELY ON THE PROPERTY. SEE DEED ATTACHMENT F. ’ A LINE OF LARGE TREES SEPARATES THE TWO PROPERTIES AND PREDATES THE'PETI'i’IONER'S OWNERSHIP. THE BUILDINGS DO NOT OVERLAP THE PROPERTY LINE. IN THE TITLES OF THESE LOTS THAT WOULD REMAIN CONTIGUOUS. ;• THERE ARE NO COVENANTS REQUIRE THAT THEY PETITIONER PURCHASED THESE LOTS SEPARATELY AT TWO DIFFERENT TIMES WITH 'THE INTENT OF SELLING THEM SEPARATELY. : THE LOTS HAVE ALWAYS BEEN ASSIGNED SEPARATE TAX PARCEL NUMBERS THE LOTS HAVE ALWAYS HAD SEPARATE PROPERTY STATEMENTS; THEREFORE, THE TAXES HAVE ALWAYS BEEN PAID INDIVIDUALLY. SEE TAX STATEMENTS ATTACHMENTS G & H. THE LOTS HAVE SEPARATE FIRE NUMBERS THE PETITIONER HAS BEEN RECENTLY DIVORCED AND WAS AWARDED BOTH PIECES OF PROPERTY IN THE DIVORCE; HOWEVER, IN ORDER TO RETAIN THE PROPERTY HE NEEDED A SECOND MORTGAGE TO SATISFY THE DIVORCE LIEN ON THE PROPERTY. THIS SECOND MORTGAGE MUST BE SATISFIED IN ONE YEAR AND THE PETITIONER HAS BEEN DENIED ANOTHER MORTGAGE. |IF THE PETITIONER IS NOT ALLOWED TO SPLIT THE LOTS AND SELL ONE LOT, HE WILL BE FORCED TO SELL BOTH LOTS AND LEAVE THE I LAKE WHERE HE HAS LIVED SINCE 1977, THUS CREATING A HARDSHIP FOR PETITIONER; V. I * FORMERLY CONFORMING LOTS HAVE BEEN MADE NON CONFORMING BY REGULATION CHANGE AND NOT BY ANY ACT OF THE OWNER. PETITIONER WOULD LIKE TO SELL LOT 18 OF THE FIRST ADDITION TO MOORE'S BEACH WITH THE HOME ON IT AND BUILD A SMALLER HOME ON THE METES AND BOUNDS LOT THE METES AND BOUNDS LOT WHICH PETITIONER INTENDS TO KEEP WILL COMPLY WITH ALL BUILDING PERMIT REQUIREMENTS AS DOES LOT 18. PETITIONER WAS UNAWARE OF THE ORDINANCE CHANGE THAT WOULD PROHIBIT HIM FROM SPLITTING THE PROPERTY. PETITIONER HAS BEEN TOLD THAT THE ONLY NOTICE SENT TO PROPERTY OWNERS WAS THE INSERT IN THE OTTER TAIL COUNTY NEWS WHICH DOES NOT EXPLAIN THE CHANGE. IF HE HAD BEEN AWARE OF THE CHANGE, HE WOULD HAVE SIMPLY PUT HIS NAME ON ONE LOT AND HIS WIFE'S NAME ON THE OTHER LOT AND SOLD THE HOUSE PRIOR TO FINALIZING THE DIVORCE. OTHER COUNTIES IN MINNESOTA HAVE ALLOWED THIS VARIANCE. SEE ATTACHMENT J FOR DOUGLAS COJUNTY SEE ATTACHMENT K FOR BECKER C'Y Penn C. Brandborg Attorney for Petitioner 315 S. Mill; P.O. Box 475 Fergus Falls, MN 56538 218-736-7447 Att. No. 166546 Id//Scale:.grid(s) equals Jnch(es), equalsfeet, or feet I Signature Dated Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water frontage, and setbacks from RW, lake, sideyard, sewage system, top of bluff and existing structures. Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance) X 100 =,% Total Impervious Surface Onsite (ffT2) Total Lot Area (FT2) 1 :I -OrX I ; ^4 __________X 1 1 ■ I Vy t♦I II) 1t I II I(i A O'i lA \i;r II 1:o I o:Oi i I a f1 I o Ooi1 i 1 ;o :I :1 i 0 I I 1 Ii'I I )i i 1 i1-I'/'-I;i 11! II ;1 -!(!1 I I t 1I' 'O I I'I I --—} 'i ;I i 1 i ;;I 1 1 i 1-800-34C-4B70 • Victor Luf^docn Co, Priniets • Fergus Falls. MN j •296. t79BK ~ 0599 — 029 i;i I I i i \ f :■ijfl-T-I “ " -: • * ■•* i I!; I d. -fj -^U-UU NJ ' 2^ ‘RICHI-f^I . ? I'J O') (^r - - 28o - - ! 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V,i ROADDEDICATED ■j j El.<tiT c 'll •tfl-blo“=l^U“1 Sfcfl "b‘b£.»l <b >1’ ^xi- i^'=» b.■S' v|12 r-3a45 ‘•c6^(1709_i10^r4 3 3.;-T J <■'fsl '4« ^J NC■3r*y;Un NcL JIZNLjfW'I•Ti -- • U'?• V .-1 &z.“A’e_ 5'^•*rZ^'FIRST ADDITION TO *f MOORES BEACH•>. •MOORES BEACH •* < X ><.KJ. /"''■’; ■'! - •:"-r « A REAL PROPERTY DESCRIPTIONS PARCEL 1 Lot 18, First Addition to Moore's Beach located in Section 14, Township 134, Range 41 PARCEL 2 All that part of Government Lot Five (5), in Section 11, Township 134 North, Range 41 West, Otter Tail County, Minnesota, described as follows: line of said Section 11, 1,012 feet South from the Northwest corner of Government Lot 5, in Section 11; thence South 56 degrees 30 minutes East 84.8 feet; thence South 00 degrees 56 minutes West 213.8 feet to the shore of Pickeral Lake; thence North 69 degrees West 72 feet along said lakeshore to the said west line of Section 11, thence North 234.6 feet to the place of beginning; containing 0.36 acre more or less. 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I,3^456789_s r10I I ^II r*^niliaf |■"^l 16■■ 15 Is.?:, t ..f .j N 3 03c^-■Sn fsi Ofl■J •X"d"03 '=d-t4JJ X- ^lIJJN0^;S''vj-* O-M 1. t •vT cL ^NNNNN.■^•1 : ^N r-j ^h.oiiTF• •. J “«l ,»<*:‘ -t>ci £-•6?’S; ' -L’^^ ■. 'K ^-1^ ..v’> • ^V'44'•*l)*s» — '■,- ^ n :f >4, -r<f-•) I. *3Cc 9' ... 7^ '1A '^''“*7Z_^^72.oi 7^'FIRS'] AUDITION TO MOORES BEACH 5 " -*• ' a Kc.MOORES BE,‘4t.'^(■ K- ?.'34 VvO fca'T 'E-,v n ^ L/ ■\ ) N-X 3 ~ oOr- I1 ' ■■ /1 u->-Ho I \■'-'1' * ±M \I ■l ’ - -ROADnS LA'g°‘£g2a'£vS '£c. a•iZ 5£i 1 !zr<y'SC.7SCA 7S O-Is® ss*- ^"0 ^ 6 ‘q 5 c :| 5 0.5 > E R ?SERVE ^ O'H.D -yS^ Ct 7S C> ^3'*0 .aSi ^ K-5 ■'5i-o-5^12 -X /§rL0TS- s 5 5 7S.D ./2.S^y/ £ idV'^DEDICATED s‘>’3'ric,e u.ofc - 'QROAD M I*,«C]i > % <3-S 'S <v<-"-t■NQ !K'o^s.c \ -^sdX ~’<r'•nrj:^ !g!<3 §!<: ’5.0 7j;o ; ' 5:?2 .55 5 -jq 4*5 5.^5 6 « T-^l: 8 .;3 9 ? -1 n -n VI .-■ )ij' .<^l\ Z-“ _ . "t- * -z:, -^; g*0 'M >1§!"n Vc '■«4 :?i? :§a f;•S .‘4." ?g§ '§2 3<3 n"."a :'IZ Q •=. e2^'‘iz Rb'? sV*_lwr'[73 5;ROADDEDICAIXP- “ '^eZ iiT cT^ 1 '"•■Q 4rTT"''^^^'--x^^ '■c. C - 0_0: 1 <7---------I- A&g' ^'V Ji V ! I. ■’?’c- j • C Cc.X5jV.•j ! J UP. ^4 USEj l=‘=\«i.(=B LFi SI ’ >1 U=^ ^U°> 75,L>°l 7^•E 7^ ■ > ' -12 fcP 7a.i-.T! E.L,‘=\.<^"!/<u :v'>-j;VI 'i-• >pV. . i t5>'’ |i>-'^li'IN i^? 'r,C 7 •;DENWOOD ACRES DENWOOD ACRES FIRST ADDITION 4-1 34576^I5^i Xi 89_5i8 f: 16 •10^12 11-S )I rJ “j •T fsjd"j fsjJf;.o':3 S ■'■0 N-V^ u ■d*^ J!vi'v:r~>i Laov! -j -"'X ' 7-,i - cLN NNN IN\[o^^ -.0/ I- OB 4^ o ,'^AA ^ h 2:^\LL^li - - LOiftVt F'' •. V PICKEREL LAKE •U'’ ■ \’<■ .-\V i ^'",4 <!?’' • '; a= ofr ,\77 2. /fnz '<h‘+\ I %ofc,‘£> First addition to MOORES BEACH •?2’5 " -o' >,*MOORE7t BV'Z4 Vv^K4 MiiMiLsnr.t l.'nltoi HI ('nn\ a|||^Krv i\ctl W74) w Form \o. 55M( :« nrr u'r fi*r Fso-ii tt) J*»int 'l onaiUH K\)i^ ^Sreement,3rd Rolf P. Jacobson and Joanne H. dinj of.Made and nih'n’d into thi-i , hij and hetiri’f-nJacobson, Husband and Wife; and Thomas F. Bender and Amy L. Bender, Husband and Wife; September 75in Terry L. Jensen and Lois J. Jensen, Husband and Wife, ................ ............ . fxirtirs of the xrcond port; port, iss of the first part, and S-illtneSSCtij. That the said part of tin- frst />art, in ronsidi ralion of the covenants ami ufrceniinits of said parties of the second part. hereinafter contained, hereby sell and aOree to conrey unto said parties of the second part, as joint teiunits and not as tenants in common, their assi<tns, the survivor of said parties, and the heirs and assigns of the survivor, by a Warranty . ..Deed of the first part at the date hereof, oraccompanied by an abstract evidencing §ood title in part by an owner’s duplicate certificate of title, upon the prompt and full performance by said parties of the .second part, of their part of this agreement, the tract Otter Tail of land, tying and being in the County of and State of Jlinnesota, described as folloivs. tr>-ivit: Lot Eighteen (18), First Addition to Moores Beach, located in Township One Hudred Thirty-Four (134), Range Forty-One (41). And said parties of the second part, in consideration of the premises, hereby agree to pay said part . of the first part, rtf..l900..Kenwood..Parkway ,...Mpl-S».,MN c/v and for the purchase price, of sa 'd premises, the sum o/...Si.x Thousand, and.No/.l0.0-.-——-----r-.—-(.$6,000,. 00).----.—. /)o//o7-.<r. in manner and at times following, to-wit: $ 500.00 down payment, receipt of which is acknowledged. $5,500.00 to be paid over ten (10) years in 119 equal monthly payments of $66.74 and one payment of $68.44 with the first payment due October 1, 1975, and subsequent payments due on the 1st ,day of each month thereafter. Such payments cover principal plus interest on the' unpaid'principal at 8% per annum. Full right of prepayment. > r Said partio.s of tho .•(ouoml pai l further covi'iiaiit and agn-e a.< follows: to pa.v, iu tore penalty allaehe.s thenuo, all taxes due and payable in f^e year 11) 76, and in subsec)uent years, and all special assessments heretofore or hereafter levied. also that any buildings and improvenieiiis now on .said land, or which shall hereafter be elected, placed-, or inadif thereon, shall not Is- removed therefrom, but shall be and remain the pro|)erty of the part ioS by the partit's of the seeoiel par': and at their le.vn expense, to keep the buildings on said premises at all times insured in some lelia'oU- insurance comitanv or eoin[tanies, to be approvisl by the [tart i CS of i he first part, against loss by fire tor at least I he sum ot Full Insurable Value---------------------- and against loss by windstorm for at least the sum ot Full Insurable Value---------------------- of the first part until this eontraet shall.be fuH.v [UTt'ormed Dollars I follars jiavable to saiil part ieS of the lirst part, over ainl above the amount then owing said part ies o| the hrst part, be paid over to the said parties of the second part as their interest shall a[ipeat. and to deposit with the part their heirs o: as.'igns, .and, in ease of loss, should there be any surjilus their heirs, or a.ssigns, the balance shall ies ,,{■ (i„. [jc,.. p;(rt policies of said in.surance. Hut should the second parties fail to pay any item to be paid by said parties unili-r the terms hereof, .same mav and shall be forthwith [layable, with interest thereon, as an additional amount due first part iCS uinlerbe paid by first parr this contract. Hut should tlefault be made in the payment of principal or interest 'lue hi-reunder, or ot any part thereof, to be by second partie.s paid, or should they fail to pav the taxes or a.ss»-ssnients upon said land, premiums upon said insurance, or to perform any or either of the covenants, agreements, terms or conditions hendn contained, to 1h- by said second parlies kept or la rformed, the said part ;!i of the i their option, bv written notice declare this contract cancelled and terminated, and all rights, litli- andfirst part may, at interest acquired thereunder by said second p'arties, shall thereupon cease and terminate, and all improvements made iqion the premises, and all payment.s made hereunder .shall belong to said part ieS of the first part as liquidated damages for breach of this contrtict by 1 !I i said second parties, said notice to be in accordanci* with the statute in such ctuse made anti provided. Neither the i*xtension of tin* time;t Form No. 5-M-WARRANTY DEED Individual (s)-to Joint Tenants Minnesota Uniform Conveyancing Blanks (1978)CO.. NEW ULM, MINN. £^xKibil r.Office of County Recorder County of Otter Tail I hereby r.orlily that the within Instru­ ment was nied in the office for record (ley of 9 jiSmp— , at__o'cinr.li M., and No delinquent taxes and transfer entered; Certificate ) not required prr>on t j • • iPof Real Estate Value ( ) filed ( Certificate of/f?eal Estate Value No. . 19 A% /on the A^9 :it5rCoui Doc. U by/M; County Records ______.Oepiitj? Deputy STATE DEED TAX DUE HEREON: $ 30.80 November 25 19 86Date: (reserved for recording data) Vernon Simmer and Joan SimmerFOR VALUABLE CONSIDERATION, husband and wife Grantor (s) (marital status) Terry L. Jensen and Helen M. Jensenhereby convey (s) and warrant (s) to husband and wife ______________________ , Grantees as joint County, Minnesota, described as follows: All that part of Government Lot Five (5), in Section Eleven (11), Township One Hundred Thirty Four (134) North, Range Forty One (41) West, Otter Tail County, Minnesota, described as follows: Beginning at a point on the West Line of said Section Eleven (11) , one thousand and twelve feet (1,012) South from the Northwest Cornerof Government Lot Five (5), in said Section Eleven (11); thence South fifty six degrees (56°) thirty minutes (30') East eighty four and eight tenths (84.8) feet; thence South 00 degrees and fifty six minutes (56') West Two Hundred Thirteen and eight tenths feet (213.8') to the shore of Pickerel Lake; thence noith Sixty Nine (69) degrees West Seventy two feet (72') along said lakeshore to the said West line of Section Eleven (11) ; thence North Two Hundred Thirty Four and six tenths feet (234.6') to the place of beginning and containing thirty six (if more^space is needed, continue on back)hundredths (0.36) of an acre m(j together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Otter Tailtenants, real property in : ! ;I reoessr 1\0County Of Otter Tail State Of Minnesota v,DEED STAMP TAX . . %3^ !?■ Ml, 1 —-C-'N-v if VerTPpn Simmer a t y<- f t JoanSlmmerDate STATE OF MINNESOTA ss.Otter TailCOUNTY OF day ofNovember25thThe foregoing instrument was acknowledged before me this Vernon Simmer and Joan Simmerby husband and wife Grantor (s). / NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT• I f •HOWARD E. PAULSON.. NOIAfo I dBi. WII.ijN t.uLINry i. Onmmlsskin Expires JULY 30,1888 Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee):i i Terry L. Jensen and Helen M. Jensen Route 2 Box 80C Underwood, MN 1 56586: ItHIS instrument was DRAFTED BY (NAME AND ADDRESS): i Howard E. Paulson Box 217 Rothsay, MN 56579 ! i ; I PRCL# H 3B0001iuu/auoi ID# 1097B3 TAX BILL# R 25578 HP# R 3800Q99Q640QOQ______________ HAlNL TOWNtiHlP REAL ESTATE PAYABLE 2000 PROPERTY DESCRIPTION - FOR TAX PURPOSES ONLY (THE LEGAL DESCRIPTION OF YOUR PROPERTY MAY DIFFER) WE DO NOT MAIL SECOND HALF STATEMENTS PAYABLE 1999 PAYABLE 2000 9ECT-11 TWP-134 RAlMGE-041 RES. HBTD RES. HSTDPROPERTY CLASS PT GL 5 BG 1012' S OF NW OR SE 84. S' 8 213.8' NW72' ON LK N ON W LN 234.6' TO BG 234.6' TO BEG.NEW IMPROVEMENTS ESTIMATED MARKET VALUE TAXABLE MARKET VALUE 28, 700 28,700 48, 500 31,700 . 36 AC (13.) SPECIAL ASSESSMENTS CODE AMOUNT 2000 TERRY L JENSEN SR TST RR 2 BOX 354 UNDERWOOD MN 56586-9632 INT.PRIN. 562. 001. Use this amount on Form M-1 PR to see if you’re eligible lor a property tax refund .............................. File by August 15. IF BOX IS CHECKED. YOU OWE DELINQUENT TAXES AND ARE NOT ELIGIBLE 2. Use this amount lor the special property tax relund on schedule 1 ol Fonn M-1 PR ............................. YOUR PROPERTY TAX AND HOW IT IS REDUCED BY THE STATE 3. Your property tax before reduction by state-paid aids and credits ....................................................... 4. Aid paid by the State of Minnesota to reduce your property tax .......................................................... 5. A. Education homestead credit and education agricultural credit paid by the State of Minnesota to reduce your property tax..... B. Other credits paid by the State of Minnesota to reduce your property tax ........................................... 6. Your property tax after reduction by state-paid aids and credits .......................................................... WHERE YOUR PROPERTY TAX DOLLARS GO 540. 00 PAYABLE 1999 PAYABLE 2000 737. 26 197. 26 778. 08 216. 08 ■J 540. 00 562. 00■3 200. 07 52. 84 185. 30 82. 29 17. 69 197. 03 60. 86 198. 87 83. 85 19. 63 7. County ................................................................ 8. City or town ........................................................ 9. School district 0542 A. State determined levy B. Voter approved levies C. Other local levies .... 10. Special taxing districts A. B. C. D. 1. 31 540. 00 1. 76 562. 00 11. Non-school voter approved referenda levies .............................. 12. Total property tax before special assessments ......................— 13. Special assessments added to this property tax bill ................... 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS 540. 00 562. 00 FIRST HALF DUE HAY 15 SECOND HALF DUE OCTOBER 16 IMPORTANT NOTES REGARDING THIS PROPERTY TAX STATEMENT: 1. AMOUNTS OF $50.00 OR LESS AND PERSONAL PROPERTY MUST BE PAID IN FULL. 2. NO RECEIPT SENT UNLESS REQUESTED, YOUR CANCELLED CHECK IS YOUR RECEIPT.3. PAYMENT IS VOID IF CHECK GIVEN IN PAYMENT IS NOT HONORED.4. READ OTHER SIDE FOR PENALTY RATES AND OTHER IMPORTANT INFORMATION. PLEASE ENCLOSE A SELF-ADDRESSED STAMPED ENVELOPE WITH PA YMENT TO GET A RECEIPT. You may be eligible for one or even two refunds to reduce your property tax. Read the back of this statement to find out how to apply. TAXPAYERS COPY 281. OC 281. 00TEAR HERE MAKE CHECKS PAYABLE AND MAIL TO: STEVE ANDREWS • OTTER TAIL COUNTY TREASURER 121 WEST JUNIUS . FERGUS FALLS, MINNESOTA 56537 Detach and Return This Stub with Your Full or 1st Half Payment Postmark Determines Mail Payment Date Detach and Return This Stub with Your 2nd Half Payment Postmark Determines Mail Payment Date 2000 RE TAX ‘ 25578PRCL# R38000110073001 ID# 109763 RES. HSTD HP# R3B0Q099Q64Q0Q0 2000 RE TAX PRCL# R38000110073001 TAX BILL# R 25578 ID# 109763 RES. HSTD HP# R3B000990640000 TAX BILL# R 562. 00TOTALTAXREAL ESTATE OTTER TAIL COUNTY REAL ESTATE OTTER TAIL COUNTYFIRST HALF DUE HAY 15__________ SECOND HALF DUE OCTOBER 16 281. 00281. 00 ^ 1st Half Pay Stub1 2000 PENALTY PENALTY TOTAL TOTAL TERRY L JENSEN SR TST RR 2 BOX 354 UNDERWOOD HN TERRY L JENSEN SR TST RR 2 BOX 354 UNDERWOOD MN 56586-965256586-9632 □□IF ADDRESS IS INCORRECT, CHECK BOX, INDICATE CORRECT ADDRESS ON BACK.IF ADDRESS IS INCORRECT. CHECK BOX. INDICATE CORRECT ADDRESS ON BACK. PRCL# R 38000990640000 ID# 108960 TAX BILL# R 26314 hP# R 39000990640000__________________ MAI^^E TOWNSHIP REAL ESTATE PAYABLE 2000 ' WE DO NOT MAIL SECOND HALF STATEMENTS 1PROPERTY DESCRIPTION - FOR TAX PURPOSES ONLY .(THE LEGAL DESCRIPTION OF YOUR PROPERTY MAY DIFFER)PAYABLE 1999 PAYABLE 2000 RES. HSTDRES. HSTD3ECT-11 TWP-134 RANGE-041 MOORES'S BEACH 1ST ADDN LOT IS PROPERTY CLASS 3, 900 154, 200 145, 600 NEW IMPROVEMENTS ESTIMATED MARKET VALUE TAXABLE MARKET VALUE 130, 600 130, 600 (13.) SPECIAL ASSESSMENTS CODE AMOUNT STREET IMPR 380001-0 SOLID WASTE WA3TE00-0 419. 45 40. 002000 TERRY L JENSEN SR RR 2 BOX 354 UNDERWOOD MN 56586-9632 155. 26prin 304. 19INT. 1,664. 551. Use this amount on Form M-1 PR to see if you're eligible for a property tax refund ............................ File by August 15. IF BOX IS CHECKED. YOU OWE DELINQUENT TAXES AND ARE NOT ELIGIBLE 2. Use this amount for the special property tax refund on schedule 1 of Form M-1 PR ............................ YOUR PROPERTY TAX AND HOW IT IS REDUCED BY THE STATE 3. Your property tax before reduction by state-paid aids and credits ...................................................... 4. Aid paid by the State of Minnesota to reduce your property tax ......................................................... 5. A. Education homestead credit and education agricultural credit paid by the State of Minnesota to reduce your property tax.... B. Other credits paid by the State of Minnesota to reduce your property tax .......................................... 6. Your property tax after reduction by state-paid aids and credits .......................................................... WHERE YOUR PROPERTY TAX DOLLARS GO i;558-?Bd PAYABLE 1999 PAYABLE 2000 2, 563. 65 685. 15 320. 00 2, 842. 84 788. 29 390. 00 1, 558. 50 1,664. 555 695. 84 183. 53 323. 61 285. 84 61. 45 721. 4:3 222. 01? 335. 50' 305. 89 71. 62 7. County ................................................................ 8. City or town ........................................................ 9. School district0542 A. State determined levy B. Voter approved levies C. Other local levies .... 10. Special taxing districts A. B.Sg. c. D. 8. 23 1, 558. 50 37. 50 1, 596. QO 8. 10 1, 664. 55 459. 45 2, 124. 00 11. Non-school voter approved referenda levies ............................... 12. Total property tax before special assessments ........................... 13. Special assessments added to this property tax bill ................... 14. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS FIRST HALF DUE 'lAY 15__________ SECOND HALF DUE OCTOBER 16______ IMPORTANT NOTES REGARDING THIS PROPERTY TAX STATEMENT: 1. AMOUNTS OF S50.00 OR LESS AND PERSONAL PROPERTY MUST BE PAID IN FULL.2. NO RECEIPT SENT UNLESS REQUESTED. YOUR CANCELLED CHECK IS YOUR RECEIPT.3. PAYMENT IS VOID IF CHECK GIVEN IN PAYMENT IS NOT HONORED. 4. READ OTHER SIDE FOR PENALTY RATES AND OTHER IMPORTANT INFORMATION. PLEASE ENCLOSE A SELF-ADDRESSED STAMPED ENVELOPE WITH PAYMENT TO GET A RECEIPT.You may be eligible for one or even two refunds to reduce your property tax. Read the back of this statement to find out how to apply. TAXPAYERS COPY *.< TEAR HERE '»1, 062. 00 1, Q62. QO MAKE CHECKS PAYABLE AND MAIL TO: STEVE ANDREWS • OTTER TAIL COUNTY TREASURER 121 WEST JUNIUS . FERGUS FALLS, MINNESOTA 56537 Detach and Return This Stub with Your Full or 1st Half Payment Postmark Determines Mail Payment Date Detach and Return This Stub with Your 2nd Half Payment Postmark Determines Mail Payment Date 2000 RE TAX TAX BILL# R 26314 2000 RE TAX PRCL# R38000990640000 TAX BILL# R 26314 ID# 108960 RES. HSTD MP# R380QQ99Q64Q0QQ PRCL# R38000990640000 ID# 108960 ■RES. HSTD MP# R380Q099Qfc4Q00QITOTAL TAX 2, 124. 00REAL ESTATE OTTER TAIL COUNTY REAL ESTATE OTTER TAIL COUNTY SECOND HALF DUE □CTOBER 16 “IRST HALF DUE 1AY 15__________1,062. 001, 062. QO ^ 1st Half Pay Stub1 2000 PENALTY PENALTY TOTALTOTAL TERRY L JENSEN SR RR 2 BOX 354 UNDERWOOD MN 56586-9632 TERRY L JENSEN SR RR 2 BOX 354 UNDERWOOD MN 56586-9632; □□IF ADDRESS IS INCORRECT, CHECK BOX. INDICATE CORRECT ADDRESS ON BACK.IF ADDRESS IS INCORRECT. CHECK BOX. INDICATE CORRECT ADDRESS ON BACK. J OTTER TAIL COUNTY NEWS ^ Jl' I ^’*’BLsS2^ iFergus Falls, MN 56537 218-739-2271County Courthouse ATTENTION SHORELINE PROPERTYOWNERS: MANY TAXPAYERS MISS DEADLINES DUE TO POSTMARKS The County Treasurer, Steve Andrews, reports an increase of taxpayers missing the due dates because of late post marks. The postal system is streamlining their system nationwide and some of the changes provide tardy postmarks. NOTICE OF CHANGE IN LAND USE REGULATIONS On February 5, 1992, in accordance with Minnesota Rules 6120.2800 the Otter Tail County Board of Commissioners enacted a revised Shoreland Management Ordinance for Otter Tail County. This Ordinance complies with the requirements of the Statewide Stan­ dards for Management of Shoreland Areas which went into effect on July 3, 1989. Andrews points out that there are two ways to avoid this problem; drop your property taxes in a mail box a couple days early or request your post office to hand cancel the envelope. YARD WASTE BANNED FROM LANDFILLS All land outside cities in Otter Tail County which is within 1,000 feet of the Ordinary High Water Level of any lake or within 300 feet of a river or stream or the landward extent of the flood plain on such a river or stream is subject to these new regulations. These regulations contain significant changes from the previous Ordinance. Minnesota State Legislators have passed legis­ lation prohibiting placing yard waste in landfills after January 1, 1992. Residents are encouraged to start their own compost pile, however residents of Otter Tail County can take their yard waste to compost piles at a landfill. PERMITS REQUIRED FOR: ALL ACTIVITIES WITHIN THESE AREAS. The Fergus Falls City Landfill, City Compost Sites in Perham and New York Mills, the Otter Tail County Landfill near New York Mills and transfer sites near Henning and Pelican Rapids have compost piles where residents can bring their yard waste. REGULAR MEETING DOUGLAS COUNTY BOARD OF ADJUSTMENTS BOA 13 October?, 1997 ITEM ^17 Hearing on the application of Helaine & Jess Cohen Trustees for a variance to allow the subdivision of land creating 3 nonconforming parcels on Lots 1 - 4, Block One, HELAINES ADDITION. Section 15 (Lake Mary Township) Zoning RS (RDS) Lake Andrew. Attorney Scott Johnston, representing the applicants, presented a plot plan to the Board. Johnston reviewed the property location noting that the plat was filed in 1972. Johnston added that all lots exceed 20,000 square feet, the home Johnston explained that’s located upon Lot 2 is for seasonal use only. The applicants have owned the lots for over 25 years. The road shown on the plat was never constructed and the property is served by a “trail” which is secured by a gate to prevent unauthorized entry and parties. Johnston explained that with the upcoming ALASD extension to the area the Cohen’s wished to determine how many buildable lots they had and how many sewer assessments they would be subject to for estate planning. Johnston stated Timm had informed Cohen’s the lots could not be transferred individually due to their nonconforming size. Johnston expressed the applicants desire to keep Lots 1 and 2 together and sell Lot 3 and Lot 4 individually. In addition, Johnston added the applicants would rather not construct the road until a building permit is issued, due to security reasons. In regard to the hardship Johnston stated the property was platted prior to the adoption of the shoreland ordinance, the lots are unique and the fact that they have been in unified ownership since they were platted. The Town Board stated they were familiar with the property noting that it looks different on paper than in real life. Johnston speculated the road as shown on the plat could not be constructed today due to the wetland on Lots 1 and 2. Motion was made by Pulscher seconded by Anderson to approve the application with the conditions: 1) the road and turn around be constructed to township standards; 2) no permits for construction to be issued until the road is constructed and approved; and 3) no structures to be built within 37 Vi feet from the ordinary high water mark of Lake Andrew. Motion carried on the following roll call vote: members voting yes: Pulscher, Knowles, Anderson and Johnson; member voting no: Beilke. REGULAR MEETING DOUGLAS COUNTY BOARD OF ADJUSTMENT TUESDAY, FEBRUARY 20, 1996 The Douglas County Board of Adjustment met in regular session in the Commissioner’s Room at the Douglas County Court House in Alexandria, Minnesota this 20th day of February, 1996. The meeting was called to order at 6:30 p.m. with the following members present: Allen Johnson, Richard Anderson, Shirley Schultz, and John Knowles. Also present were Land and Resource Management Administrator Debbie Ginder and Assistant Lynn Timm. Hearing on the application of Thomas and Janice Johnson Etal for a variance to allow the individual sale of non-conforming parcels on Lots 1, 2, 3, Block One and Lots 1, 2, 3, Block Two, MARY RIDGE. Section 32 (LaGrand Township) Zoning RS (GDS) Lake Mary. ITEM ft! Tom Johnson presented a plat plan to the Board and requested to sell nonconforming lots individually. The Chair read a letter voicing opposition to the application from concerned area resident Moening. Johnson explained that the lots were platted in 1983 and met all requirements at that time; however, in 1993, the lot size requirements changed, thereby making the lots nonconforming. Johnson added that taxes had been paid individually since the lots were platted. The Board reviewed the nonconformity. Ginder pointed out that the 1993 ordinance change provided for less dense development in unsewered nonriprarian areas. The Town Board stated that they are optimistic that public sewer will be extended into this area in the near fumre. A lengthy discussion followed regarding public sewer. The Town Board voiced no objection to the application, citing potential for public sewer extension in the near future. Motion was made by Anderson, seconded by Schultz, to approve the application as presented based upon: The area being prime property for public sewer. The hardship being the time factor. Motion carried unanimously on a roll call vote. 1. 2. REGULAR MEETING DOUGLAS COUNTY BOARD OF ADJUSTMENTS /d) ITEM #9 Hearing on the application of Bertrin W Wilke Etal for a variance to allow the individual sale of two nonconforming parcels. A variance is also requested to allow two dwellings per parcel on Lots 4 & 5, PARSONS BEACH. Section 22 (Miltona Township) Zoning RS (GDS) Lake Miltona. The Board was met on site by the applicants Bert and Joel Wilke, Realtor Len Schreiber and Miltona Town Board Member Don Henning. Realtor Schreiber reviewed the property boundaries. Schreiber explained that Bert had operated the small resort for 25 years and three years ago he sold 50% to his son. Schreiber pointed out the son has found that operation is not financially feasible and this request to subdivide the property was their last attempt to salvage what they could for Bert’s retirement. Schreiber explained that two 100 foot lots, each containing two cottages would be sold. The cottage currently located in the center would be removed from the premises. The Town Board explored the possibility of making one dwelling unit out of two cottages. Timm reviewed the process for platting as a planned unit development. Pulscher pointed out that denial would cause the applicants to abandon the resort, thus creating a hardship. Motion was made by Pulscher seconded by Schultz to approve the request to allow individual sale of the two properties with the conditions: 1) the center cottage to be relocated or tom down; and 2) the water supply issue will be left up to the purchasers. Motion carried unanimously on a roll call vote. i REGULAR MEETE^G DOUGLAS COUNTY BOARD OF ADJUSTMENTS /Hearing on the application of Eugene F. & Marie C. Hanley for a variance to allow platting of property with less than the minimum lot size requirement part of Lot 4, EHLERT’S ADDITION, according to the recorded plat thereof, and part of Government Lot 2, Section 10, and part of Government Lot 1, Section 15, containing approximately .95 acres. (Carlos Township) Zoning RS (GDS) Lake Carlos. Sinnwell reviewed the criteria for granting a variance. Eugene Hanley presented the preliminary plat and findings of fact of Hanleys Addition to the Board and requested a variance to plat a substandard lot. Hanley reviewed his previous attempt to subdivide this tract of land by variance pointing out the Board denied it and requested it be brought back as a preliminary plat. The Board reviewed the lot size requirements. Hanley pointed out adjacent lots are smaller in frontage and square footage than he is proposing. Hanley added the subdivision would be consistent with the area. A lengthy discussion followed regarding the existing structures and setbacks with Timm stating Hanley was entitled to one single family dwelling and two accessory buildings per lot. The Town Board spoke in support of the application providing the structures meet the required setbacks. Motion was made by Pulscher seconded by Schultz to approve the application with the condition: All buildings on Lot 1 must conform to the Douglas County Zoning Ordinance. Motion carried unanimously on a roll call vote. ITEM ffS on 1) ITEM ^10 Hearing on the application of Dolores Hakenson for a variance to allow a subdivision of land creating a nonconforming parcel of Lots 1-5, SUNRISE VIEW BEACH. Section 30 (Carlos Township) Zoning RS (GDS) Lake Carlos. Realtor JoAnn Soderholm and Dolores Hakenson presented a plot plan to the Board and requested the property be split into 2 nonconforming lots. Soderholm told the Board the history of the property. The Buyer also requests an agreement with the Land and Resource Management Department and the Board that another variance would not be needed on Lots 4, 5, and part of 3 if he were to build or sell the property. Soderholm went on to explain that lots 1, 2 and 1/2 of 3 contained approximately 15,000 square feet 1/2 of 3, 4, and 5 contained approximately 1/2 of an acre. The Town Board questioned the hook up for ALASD and if it would be available. Hakenson stated there was two stubs on the property already and that one was for the lots with the house already on the property and other one was for the vacant lots of 1/2 of 3, 4, and 5. The Town Board told the Board they had no concerns and they were in favor of the split. Lynn Timm stated the survey that was done to get the square footage was to the shoreline of the lake and not to the ordinary high water mark. Schultz commented on the Olson split that was previously denied by the Board and the court suggested that it might not be able to be held up in court. Soderholm told the Board that this property didn’t have a steep bank and the offer was on lots 1, 2, and 1/2 of 3 with an option of balance on the other lots. The elevation of the property was 15 feet above the water and the high water will not change. Motion was made by Knowles to approve the application based upon: A hardship existing not being able to utilize the property.1) 2 sewer stubs being located on the one tract of land.2) 3)Town Board approval. , 4 , BECKER COUNTY RECORDER-STATE OF MN Document No.43QQ93_^:3/0o'caM.450093 I hereby ce^y thl^e within instrument was recorded in the office of Becker County Recorder. jo * _ County Rccordor ' QA/ Doty. Date. STATE OF MINNESOTA BECKER COUNTY BOARD OF ADJUSTMENT COUNTY OF BECKER VARIANCE PROCEEDINGS IN THE MATTER OF: Helen McConville Trust REQUEST : Variance to allow 2 substandard size lots to be Subdivided and remain 2 buildable lots ORDER OF VARIANCE DENIAL OF VARIANCE The above entitled matter came on to be heard before the Board of Adjustment on the 12"' day of May , 19 99, on a Petition for a Variance pursuant to the Becker County Zoning Ordinance, for the following described property: ro” Lot 1, Block 1 Town and County Estates; and a .32 Acre Tract in Lot 5; Section 9, TWP 139, ^ Range 41; Detroit Township. Complete Legal Description on Reverse Side. VARIANCE REQUESTED: s Request a Variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two (2) buildable lots on the above described property. It is ordered that a Variance (NOT) BE GRANTED upon the following conditions or reasons: A Variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two (2) buildable lots has been granted on the above described property based on the fact that both lots were purchased before the contiguous ownership of substandard size lots was placed into the Zoning Ordinance; with this, the owner would not have any indication that the shoreland laws have changed; and landowners should not be punished for those type of law changes. DATED THIS 12th DAY OF May , 19 99 . CHARLES REW, Chairman Board of Adjustment BECKER COUNTY OFFICESTATE OF MINNESOTA) OF)SS PLANNING AND ZONINGCOUNTY OF BECKER ) I, Dan A. Holm, Zoning Administrator for the County of Becker, with and in for said County, do hereby certify that I have compared the foregoing Copy and Order (GRANTING) ( DENYING) a Variance with the Original Record. Thereof preserved in my Office, and have found the same to be a correct and true transcript of the whole thereof. In Testimony whereof, I have hereunto subscribed by hand at Detroit Lakes, Minnesota, in the County of Becker on the 12th DAY OF May , 19 99 . Charge / Paid V DAN^\. HOLM Zoning Administrator DRAFTED BY THE BECKER COUNTY ZONING OFFICE Numerical Tract Ws. Grantor Grantee Compared h- FIFTH ORDER OF BUSINESS: HELEN MCCONVILLE. An application for a Variance to allow two (2) substandard size lots in the same ownership to be subdivided and remain as two (2) buildable lots has been filed by Helen McConville, owner of the property described as: Lot 1, Block 1, Town and Country Estates and a .32 Acre tract in Lot 5; Section 9, TWP 139, Range 41; Detroit Township. Mrs. McConville asked if she could tape the discussion for her husband and then explained her application to the Board. TTie 75-ft lot was bought in 1967 and the 100-fit lot was bought in 1973. At the time the lots were bought, the intent was to sell one and rebuild on the second. McConville stated that she does not want to subdivide anything, just sell off the one lot as described and retain the other lot. Flottemesch questioned if there is a house on the 75-ft lot and if the two lots are adjacent to each other. McConville stated that there is a multi-level house on the 75-ft lot, which is adjacent to the 100-ft vacant lot. No one spoke in favor of the application. Speaking against the application was Rob Goral, DNR. Goral stated that the separation of these lots not only violates a State Statute, but also violates the Becker County Zoning Ordinance. The separation of the two lots creates a substandard size lot. Contiguous lots in the same ownership shall be considered as one buildable lot, and can not be split. The variance must be denied as requested. Flottemesch questioned if there was a separate statue pertaining to lots purchased prior to the activation of the Zoning Ordinance. Goral stated no. Flottemesch stated that most cases that have come before the Board of Adjustments have been lots of records purchased after the enactment of the Zoning Ordinance. This case involves lots purchased prior to the enactment of the Zoning Ordinance. Goral then referred to Section 16 of the Becker County Zoning Ordinance, which re-enforced what he had already stated. Champ stated that she can not argue with the Zoning Ordinance, but people can not be penalized for land purchased before a Zoning Ordinance was enacted. Flottemesch stated that he could not see a hardship-meaning a hardship of the property, not a personal hardship. A hardship of the property involves topography and individual lots of record. Written correspondence in favor of the application was received fi'om: Maurice and Catherine Eder; George Van Dam; Mrs. Ray Matson; Paul Thorwaldsen; Lori Paakh; and Ken and Sharon Carpenter. Letters of opposition were received from: Robert Merritt, DNR and Richard Hecock, Pelican River Watershed District. Administrator Holm stated that there were notes in the file fi'om Jim Sinclair, Assistant County Attorney, stating that there is no hardship and the Variance must be denied. McConville questioned the legality of ovmership of individual substandard lots, and ownership of contiguous lots. Flottemesch stated that legal issues of that type are not a concern of the Board of Adjustments Holzgrove stated that the rules have changed over the years. In this ca.se, the owner.s purchased the lots well before any law changeS-and-dicLnoJ have any reason to check for any law changes. Champ stated that the purchase of the lots was done innocently, not intentionally. Flottemesch stated that the lots were purchased before the contiguous ownership clause was placed into the Ordinance. Holzgrove made a Motion to approve a Variance to allow the two (2) parcels of land to remain as two (2) buildable sites based on the fact that both lots were purchased before the contiguous ownership of substandard size lots was placed into the Zoning Ordinance; with this, the owner would not have any indication that the shoreland laws have changed; and lando'wners should not be punished for those type of law changes. Champ second. Administrator Holm stated that the motion to allow the Variance is contrary to Minnesota State Statute 394.27 and Becker County Zoning Ordinance Section 16, Subdivision 9C. Flottemesch stated that if the motion is passed, the State or a private citizen does have the right to appeal this decision. If challenged, Becker County would be taken to court. An appeal would be taken to District Court. A vote was taken. Disse, Champ and Holzgrove voted in favor of the motion. Elletson voted against the motion. Flottemesch abstained fiom voting. Motion passed. Variance approved.