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Home My WebLink About10000120083000_Variances_04-05-2012Variances 2 Barcode 128 -Zdz.110715S DOC# 1107155 1107155 Fee $46 00 OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY MINNESOTA ; if._orjVEO Filed, and/or Recorded; Well Certificate [ ] Rec'dCertified April 11,2012 12:30 PM Wendy L. Metcalf, Recorder■■ -n' 'RCE Returned To: LAND & RESOURCE By: NDB 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 500.(00Application Fee Receipt Number !^5 Accepted By / 2//3j/(L DAYTIME PHONE Qlb-'SSj,- </7^S COMPLETE THIS APPLICATION IN BLACK INK dhy)ji^Aj-PROPERTY OWNER JwJLMAILING ADDRESS 9 tMa 4 &jditLULJj inLAKE NUMBER SECTION ily TOWNSHIP 130 LAKE NAME LAKE CLASS RANGE CjU-b TOWNSHIP NAME PARCEL NUMBER 6 dMK Jjr QjlP OLtUyUAf, Ma/ 565^0 E-911J^/n/XfjiOorj R 3nnc ADDRESS LEGAL DESCRIPTION ^M 10 ^2u>jo - ^ -040 TYPE OF VARIANCE REQUESTED (Please Check) Structure Setback Structure Size Sewage System Subdivision Cluster Misc. SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION.., . 4./1 ty A r 5^^mr^<rr,ur.u*^on,c^ af ■ -4aAQjd^ Oi^-'K^deA^-d. Oo'ntliAu s • £l<i> cm \ OJxM) I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. 3L~ />’.(A , IGNATURE. OF PROPERTY OWNER-f AGENT FOR OWNER DATE 7APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) SCANMFn ■7-TimeDate Of Hearing Motion The Church of Jesus Christ - Approved the variance application as requested with a condition. (7:36 p.m.) After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the variance application dated March 6, 2012 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Both of the proposed lots meet and/or exceed the minimum size required for platted lots on a recreational development lake. Chaii^an/btter tail Couirty Board oJ/Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) tkuu hAX^iuud:.X No Copy of Application Mailed to Applicant, Co. Assessor and the MN DNR L R dfficial/Date bk 0407-001 329,512 - Victor Lundeen Company, Fergus Falls. Minnesota April 5, 2012 Page # 3 David Majkrzak - Approved the variance application as requested. (7:32 p.m.) David Majkrzak LLC and Judith Scherweit, part of the Northeast Quarter of the Northeast Quarter, Section 10 of Dunn Township by Pelican Lake, requested the following; Proposed lot line adjustment - sell 15’ of property on east side of my lot. Permanently attach 15’ to adjoining lot owned by David Majkrzak (Parcel 17000100112001). This resolves driveway and garage setback issues on this property line. Both properties have homes; request both to remain buildable residential lots. Mike Scherweit also attended the public hearing. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the application dated February 7, 2012 and March 4, 2012 and as depicted on the drawing submitted with the application. The variance as approved will correct an existing property line issue; will have no negative impacts to either property or to any other properties in the immediate area. he Church of Jesus Christ - Approved the variance application as requested with a condition. (7:36 p.m.) The Church of Jesus Christ, 4.08 acres in Sub Lots C, D, E, and H, Section 12 of Clitherall Township by Clitherall Lake, requested the following: We wish to create two parcels of land from less than five acres. Each parcel will be a minimum of 2.07 acres of land with a minimum of 302’ of lake shore. Both parcels are to be considered as single family residential lots. Although platting is preferred, we ask for a variance as the adjoining property owner is unable to part with enough of his property needed for a township standard roadway of 66’. He has provided us with a hardship letter. Survey to be recorded upon approval. The applicant was represented by Ronald Lane, Virginia Lane and Vernon Whiting. The audience was polled with Jim Eitzen, Mike Blaskowski and Steve Skjold addressing the application. Mr. Blaskowski is the potential purchaser of one of the proposed parcels. Mr. Eitzen is a neighbor in the immediate area seeking clarification regarding the future usage of the property and the location of the road access. Mr. Skjol was seeking guidance on obtaining an easement over the subject property for access to an apparently land locked parcel. Mr. Skjold was advised that this meeting was not the proper form for that type of discussion. After discussion and consideration, Michael Harris made a motion, second by Steve Schierer and unanimously carried, to approve the variance as requested in the variance application dated March 6, 2012 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. Both of the proposed lots meet and/or exceed the minimum size required for platted lots on a recreational development lake. Kim Arlyn Elmer - Approved the variance application as requested with conditions. (7:50 p.m.) Kim Arlyn Elmer, Lots 24 and 25 Block 2 Carr’s Subdivision, Otter Tail and Walker Lakes in Amor Township, requested the following: Lots 24 and 25 are substandard by today’s regulations and have been combined. Two neighbors wish to split them again to be permanently attached to their residential lot. Not for residential use, but for storage buildings. The applicant was represented at the public hearing by Laurie Woessner, Scott and Kathleen Rowe, Jerome McAllister and Lindsey and Jared Anderson. The audience was polled with no one speaking for or against theivariance as requested. After discussion and consideration, Randall Mann made a motion, second by Thomas Leerand unanimously carried, to approve the variance as requested with following conditions: 1) Lot 24 Block 2, Carr’S'Subdivision must be permanently attached to Lot 3 Block 1 Carr’s Subdivision, Lot 25 Block 2, Carr’s Subdivision must be permanently attached to Lot 6 Adman’s Beach 3.) the area in these lots (Lots 24 and 25) cannot be used when calculating impervious surface coverage for the other properties noted in item 1 and 2 above, and 4) Lots 24 and 25 are approved for non-residential type structures only. Fergus Falls Lodge 1093 - Approved the variance application as requested with a condition. (7:56 p.m.) Fergus Falls Lodge 1093, part of Government Lot 1, Section 4 of Dane Prairie Township by Wall Lake, requested the following; we are proposing to create a 1.54 acre parcel, being approximately 66,930 square feet and having approximately 247’ of lake frontage. The required size for metes and bounds parcel in the shoreland area is five acres. The proposed parcel will be for single family residential use and have an easement access. There will be approximately 23.46 acres remaining. A new conditional use permit for our campground will be pursued if approved. The applicant was represented by Duane Hanson, Clair Iverson and Larry Matson. The audience was polled with no one speaking for or against the variance as requested. After discussion and consideration, Rick Wilson made a motion, second by Michael Harris and unanimously carried, to approve the proposed subdivision as described in the variance application dated March 13"^, 2012 and as depicted on the drawing submitted with the variance application with the condition that a registered surveyor’s drawing must be presented at the time of conveyance. » .tv .:'VVED ■ft .* \ 3 2012 ■ voURCE vvjI \|0Lrt(tMc€-- ABSTRACT OF ITTLE TO: Sublot$ C, D, E and H of Goveroinoot Lot 2, Section 12, Township 132, Range 42 EXCEPT THE FOLLOWING; 1. The West29-5ibetofthatpartofSublolsC, H, aiKl£,ofSecti9nl2,T^. l32,Ri^e40, as 'X fi \ filed of public record in the oflBce of the Register of Deeds, Otter Tail County, Miimesota, lying southerly of the following described line: Conunencing at the Northwest ctvmer of said Sublot C; thence on an assumed bearing of South on die Westerly line thereof ft>r a distance of 151.62 feet to point of beginning of line to be described; thence North $8 degrees 28 minutes East 29.5 fe^ and llKac tenninatmg. Subject to a 16.5 foot load easement, for ingress and e^ess l^IOn, over and across diat part of said above described tract reserved for an access roadway which is now Located and constructed a^ running between . . the public road to northwest and said Sublot H to the southeast 2. That part of Sublots C and D of the Subdivision Plat of Sublots A, B. C, D, E, F, G and H of Section 12, Twp. 132, Range 40, as filed of public record in the oifice of die Register.of Deeds, Otter Tail County, Minnesota, described as lying northerly and easterly of the following described line; Commencing; at the Northwest comer of said Sublet C; thence on an assumed bearing of South on the Westerly line thereof for a distance of 131.62 feet to point of beginning of line to be described; thence North 88 degrees 28 minutes East 702.60 feet, thence on a bearing ofSouthfer a distance of 171 feet, more or l»s, to the shoreline of Clitherall Lake and there terminating. 3. That portion of Sublots G and D of the Subdivision Plat of Sublots A, B, C, D, E, F, G and H of Section 12, Twp. 132, Range 40, as filed of public record in the office of the Register of Deeds, Otter Tail County, Minn^ta, described as lying between fee following described northeasterly and southwesterly boundary lines: The said tmrthcasterly boundary line is described as fellows: Conunencing at the northwest comer of said Sublot C; thence on an assumed bearing of South on fee Westerly line thereof for a . distance of 151.62 feet to the point of beeginning of fee line to ^ described; thence North 88 degrees 28 minutes East 702.60 feet; feoace on a bearing of South for a distance of 171 feet, more or less, to fee shoreline of Clitherall Lake and there terminating. The said southwesterly bounday line is described as follows: Commencing at fee northwest comer of said Sublot C; thence on an assumed bearing of South on fee Westerly line feereof for a distance of 151.62 feet to point of beginning of the line to be described; thence on an assumed bearing of South on fee Westerly line of Sublot C for a distance of 75 feet; thence North 88 degrees 28 minutes East 632.60 feet; thence on a bearing of South to fee shoreline of Clith^l Lake; thence in a northeasterly direction along said shoreline until intersecting the northeast boundary line of tract herein described. Subject to all easements of record. N J. Field Abstract Conuumy, Inc., Fergus Falls, MN. OI DTOW\ RFSOR1 ,!■ iWiv i'.lI rra (, 4 Tn ’sik-va-sr?I t4»v* itkinKAijrvit-'Tti RECEIVED MAR 1 3 2012March 10, 2Ui: LAND ^ i^FSOURCE to whom It inav concern. t he easement griuitcii ui the prtj^xrty to the cast ot the resoti. owrtcd by the Church v>f Jesus Christ, wUl be in effect tc>ras long as the owners or that properly desire it, I he selling or dividing of that property w ill not change niy desire to grant them cascmeni to their property which can only he reached by cix^ssmg a smalt section, of ir.y prupeily. riic legal desu iption ul that easement as it is written in the previous owners }Xt|K*rs is Its lolkwvs; A 16.S foot road casement for irtgress and egress upon, over .and acro.ss that part oflhe aliove described [weet fihw is j tc^al dcstripiitm of die rcstift ru'i liicKidoJ fK-fC]! rx'served for ait access roadway w'liicli IS iHivN Unjated and constructed and miming between the publie township mad to the Northwest and Sublot II of said (iovcrrtrnenf hot 2 on the Southeast, S'ours truly. -CW w \[oA/Charles Hlaskow ski A y^JL ^^AhlNPC) *■% * OLD TOWN RESORT 20669 old tovm trail, clitherall, mn S6524 218-864-SI73 www.oldtown@arvig.n6t RECEIVED M.AR 1 3 2912 LAMD &. i^ESOURCS February 10,2012 To whom it may concern, It has been asked of me that I consider selling part of my land or granting an easement to allow a right of way for a road into the proper^ next to mine. After careful consideration I decided that it would not be to my advantoge to do so as it would be detrimoital to the business that I currently have rm this propo^. 1 wotild loose some of my annual i fiom lot rental. Yours truly, / Charles B. Blaskowski ZkI3--^I O-eS'ib -CAMMpn 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: The Church of Jesus Christ 812 S Cottage Ave Independence, MO 64050 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, April 5, 2012 at 7:30 p.m., in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.) Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the public hearing. The property concerned in the application is legally described as 4.08 Acres in Sub Lots C, D, E and H, Property Address - 20730 Old Town Trail Section 12, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-238, Lake Name - Clitherall, Class - RD The variance requested is - the following: We wish to create two parcels of land from less than five acres. Each parcel will be a minimum of 2.07 acres of land with a minimum of 302’ of lake shore. Both parcels are to be considered as single family residential lots. Although platting is preferred, we ask for a variance as the adjoining property owner is unable to part with enough of his property needed for a township standard roadway of 66’. He has provided us with a hardship letter. Survey to be recorded upon approval. Wayne Stein Board of Adjustment Secretary Date: March 15,2012 Mavis Samuelson Lynette Bethel <lynette_alsinc@prtel.com> Tuesday, March 13, 2012 11:26 AM Mavis Samuelson pdf of Church of Jesus Christ application dwg 134-12 on 3-13-2012.pdf From: Sent: To: Subject: Attachments: Hi Mavis, I talked to Virginia about the church being operated as a "church" at this time and she said that it was not. It is an empty building. Attached is the pdf you requested. Lynette Bethel CAD Technician Anderson Land Surveying, Inc. 218-739-5268 Cl 3 ma 1 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 19th, day of March, 2012 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Church of Jesus Christ, 812 Cottage St S, Independence, MO 64050 4344 Anderson Land Surveying, 313 S Mill St, Fergus Falls, MN 56537 Janet Eitzen, Twp Clerk of Clitherall, 40034 Old Town Way, Clitherall, MN 56524 Clitherall Lake Assoc., PO Box 101, Clitherall, MN 56524 Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake, MN 56515 Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Board of Adjustment: Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573 Richard S. Schierer, 32117 260th Ave, Erhard, MN 56534 Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559 Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537 Michael Harris, 35387 Northern Lights TrI, Richville, MN 56576-9672 Rick Wilson, 609 W Lakeside Dr, Fergus Falls, MN 56537 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: March 19th, 2012 Wayne Stein, Secretary Otter Tail County Board of Adjustment By: \ls 0 Vi Manderud CHARLES B BLASKOWSKI 20669 OLD TOWN TRL CLITHERALLMN 56524 9644 MICHAEL B & LAURAL BLASKOWSKI 802 5TH ST SW WILLMAR MN 56201 3417 CHURCH OF JESUS CHRIST 812 COTTAGE STS INDEPENDENCE MO 64050 4344 ROXANNE H JOHNSON ET AL 6075 STONE CT MAPLE PLAIN MN 55359 2440 LLOYD H & PHYLLIS I JULIUS 40036 OLD TOWN WAY CLITHERALLMN 56524 9601 JANET K & JAMES L EITZEN II 40034 OLD TOWN WAY CLITHERALLMN 56524 9601 MICHAEL G & MARY F NITTI 39883 CLITHERALL LAKE RD N CLITHERALLMN 56524 9643 DANIEL C & STACY J MECKLENBURG 2144 COURTLEIGH LN CHESTERFIELD MO 63017 7623 LLOYD H JULIUS ET AL 40036 OLD TOWN WAY CLITHERALLMN 56524 9601 TO THE PUBLICSTEPHEN A SKJOLD 179 EXETER PL SAINT PAUL MN 55104 5708 'TW- CWi>Ur\ ffr vJaSa<> Ct\yvs.-f'* r,\jfA vi| \/aviccyvoLNN CORNER OF OLD TONN ACRES NN CORNER OF SUBLOT A fr REce/VEc id 20(2 fc; SCALE: I INCH = 50 FEET BEARINGS ARE BASED ON AN ASSUMED DATUM. DENOTES IRON MONUMENT FOUND. DENOTES IRON MONUMENT SET MARKED "PLS 13^.20 $ 17825". N'LT LINE OF OLD TONN ACRES N'LT LINE OF SUBLOT A S0Uf?C^ oS£) 'r O' 8 I L.W I -1ck:NE CORNER OF SUBLOT B \ N'LT LINE OF SUBLOT B § a h^est TNE PROPOSED USAGE OF EACH PARCEL IS SINGLE FAMILY RESIDENTIAL USE. ACCESS TO THE PARCELS IS ADDRESSED IN A LETTER FROM CHARLES BLASKONSKI, DATED MARCH 10, 2012. UPON APPROVAL OF THIS VARIANCE, THE LOTS NILL BE SURVEYED AND MONUMENTS SET ON THE CORNERS. 1^ r^ I PA -rp-\\ A / K I W L.L7 I V_y V V I \l A IT) r- /“\ w I \ L_ S'A , V- a: Qd a:LEGAL DESCRIPTION: SUBLOTS C, D, E AND H OF GOVERNMENT LOT 2, SECTION !2, TONNSHIP 132, RANGE 40 EXCEPT TRACTS. (SEE ATTACHED LEGAL DESCRIPTIONJ) PARCEL NO. 10000120083000 CLITHERALL TONNSHIP PH ADDRESS - 20730 OLD TONN TRAIL \ 5U81.0T S /I1^1 I_^ L.v_y w r \NN CORNER OF / SUBLOT C A \ o\/ /I r\M- Q L.W I/ n ,/7/A/ \0"/(oCM a:^ V Q N'LY R/N LINE OF CLITHERALL LAKE ROAD N V 6&’28'00" E y • 2P.5!n 8 SA/ED □H a5*25‘00" B GOS.O^ \ 3^>P.5!y '^233.58 w 168 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT NAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LANS OF THE STATE OF MINNESOTA. DATED THIS I3TH DAY OF MARCH, 2012. \\DRIVENAY F)cn +1 / IN74/CHURCH OF JESUS CHRIST CUTLERITE 8 crtrJ kW/VV3:8 VvA/V15)*VA/35M J /V/VPROPOSED PARCEL B 2.44 ACRES± DAVID A. ANDERSON PROFESSIONAL LAND SURVEYOR MINNESOTA LICENSE NO. 13620 V/V V/V/A V./ / • VPROPOSEDVPARCEL A V V2.07 ACRES±V /4i 5 DRAIN FIELD£Q 1000 GALLON SEPTIC TANK 3:PROPOSED 76.CX) HOUSE100 CERTIFICATE OF SURVEY FOR: THE CHURCH OF JESUS CHRISTTue?*': sSf-"% FIELD BOOK ALS-I8I/I22 CONTRACT NO. 134-12 DRAWN BYFOLDER 134-12 LIBNDERSON LAND SURVEYING, INC.FIELD CREWCHECKED BY DAA CRD FILE 230-04FF DWG FILE 134-12 JAK PROFESSIONAL LAND SURVEYORS & LAND DEVELOPMENT CONSULTANTS 313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218) 739-5268 (800) 300-9276 DRAWING NUMBER SEC-TWP-RG 12-132-40 REVISION:6734 J