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HomeMy WebLinkAbout10000250172051_Variances_06-13-1996Variances 2 Barcode 128 r ouli5liqq(£)792997 APPLICATION FOR VARIANCE m ■;* \‘i Office of County Recorder County of Otter Tail I tjef^y certify that the within instruqe^ was filed redord in this office on the day of70> at 9'30 ^ M.12%00Otter Tail County Fergus Falls, Minnesota 56537 (218) 739-2271 HddLA.D. 19and/^s duly Microfilmed as Doc.# 337 ' County Recorder ______Deputy (fiO —Application Fee$___.7^ \P — Please Complete With Black Ink —June 13th, 1996 21pit§-er H rlancl A ^ l46:7.g(|^ }\ic 739-5^5Owner:Phone: Last Name First Middle Bca ii>s L-g^|c-e^ /amptf( Street & No.City State Zip No. Lake No.Lake Name Lake Class (^|('(JvSL/Ctl IJ2-S''fOSec.Twp.Range Twp. Name j^i Cd L / , Z- r 3 ' Legal Description:Fire No. or Lake ID # lO-ooa-ar- oil^-o[0Parcel Number VARIANCE REQUESTED IS: to HCi^^ (X 7. Ac^ey^-,ycel to be ?i,. 5S' I I I ALSO hlo'T^Pj'eZle(y \V tor hel>LV^ W^lll y Wi// L I0'^jlO )Vi ^hl pr, M k1 51^^37 In order to properly evaluate the situation, please provide as much suppiementary information as possible, such as: maps, plans, information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING. I understand that I have applied for a variance from the requirements of the Shoreland Management Ordinance of Otter Tail County. riw4_jo 19 ^6* . X ^Application dated Signatme Of Applicant 6 '19_it ^ P VADate of hearing: ____ MOTION AS FOLLOWS: Motion was made by Craig Anderson, seconded by Robert Schwartz and unanimously carried, to approve a variance to subdivide a parcel of less than 5 acres from an existing 28.08 acre parcel with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the parcel would exceed the minimum size required for platted lots on a recreational development lake. . Time: Chairman Otter Tail County Board of Adjustment Permitfs) from Land & Resource Managenyent required:YES NO mailed copy of Application to Applicant.(Date/Initial) BK 0795-001 277,206 • Victor Lundeen Co.. Printers • Fergus Falls, Minnesota U.'} U;_. /Cl t( C(^ /c i. /7A ~00/ ~ CCP <Ss —c>o3 — — Qoy ~~ - — (>/ / // -ir IM TU ). (4 I<c'D Ct/ ,1? ^'^0/V r--"- €/J^' ^ui~ / ^ — 0C(-p ()/ I ’ c'^c/^ v'. L £^C' i7a^-o^C /74 /7c7 - ^55'^ 1 June 13th, 1996 5 Michael P. Kearns - Approved Michael P. Kearns, Sioux Falls, SD, requested a variance of 5’ from the required side lot line setback of 10’ for an addition to an existing structure 5’ from the side lot line. The property is described as Lot 3, Block F, Haggstrom’s Subdivision of Reserve Lots E and F and Lot 6, Haggstrom’s Beach Reserve Lot G, Pickeral Lake in Maine To\wnship. Rick Wieser represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Craig Anderson and carried with Randall Mann and Cecil Femling voting no, to approve a variance of 5’ from the required side lot line setback of 10’ for an addition to an existing structure 5’ from the side lot line. It was noted that the addition will be no closer to the side lot line than the existing structure. Hardship being a substandard lot of record. Hidden Acres Resort - Approved Hidden Acres Resort, Craig G. Ronning, Detroit Lakes, MN, requested a variance to add an additional unit to an existing resort and a variance of 10’ from the required side lot line setback of 50' for the construction of an addition to an existing structure 40’ from the side lot line. The property is described as Lot A, Moltzan Survey Lots of Government Lot 7, Section 16 of Candor Township by Leek Lake. Debbie Moltzan appeared along with the applicant at the public hearing. The audience was polled with no one speaking for or against the request. A letter from D. and Jean Wightman in favor of the applicant’s request was read for the record. After consideration, motion was made by John Everts, seconded by Randall Mann and unanimously carried, to approve a 10’ variance from the required side lot line setback of 50’ for the construction of an addition to an existing structure 40’ from the side lot line. Hardship being the unique shape of the applicant’s parcel. Erland A. and Hazelle M. Bergsten - Approved Erland A. and Hazelle M. Bergsten, Battle Lake, MN, requested a variance to subdivide a parcel of less than 5 acres from an existing 28.08 acre parcel. The parcel would have approximately 41,370 square feet of area and would have approximately 194 feet of water frontage. The property is described as part of Government Lots 1, 2, and 3, Section 25 of Clitherall Township by Crane Lake. Oscar Sorlie, Attorney, represented the applicant at the public hearing. The audience was polled with no one speaking for or against the request. After consideration, motion was made by Craig Anderson, seconded by Robert Schwartz and unanimously carried, to approve a variance to subdivide a parcel of less than 5 acres from an existing 28.08 acre parcel with the condition that a registered surveyor’s drawing must be provided at the time of conveyance. It was noted that the parcel would exceed the minimum size required for platted lots on a recreational development lake. Gene I. Albers - Denied Gene I. Albers, Brooklyn Park, MN, requested a variance of 1’ 6” from the required septic tank setback of 10’ and a variance of 7’ from the required drain field setback of 20’ for the constmction of an addition 8’ 6 ” from the septic tank and 13’ from the drain field. The property is described as Lot 9, Block 1, Chippewa Island, East Battle Lake in Henning Township. The audience was polled with no one speaking for or against the request. After consideration, motion was made by John Everts, seconded by Robert Schwartz and unanimously carried, to deny the variance as requested as no adequate hardship had been shown and other alternatives exist that would allow for the placement of a septic system in a location that would comply with the requirements of the ordinance. N 89' 50 07" Vf I ■ 27,02N 89-50'or W 75.01 ■ '19'50"128.55 • I/ cf> -'i\ PT GL 1 COM NW COR SEC 25 S 49DEG E 1162' S 56 DEG E 82 S25 DEG W 118' S 50 DEG W 71N 40 DEG W 37' TO BG N 40 DEGN 67 DEG W 128' N 89W 147DEG W 27 I S 2 DEG E 126' TOLK SELY ALG SHORELN TO LN S49 DEG W FR BG N 49 DEG E 122'TO BG & PT GL 1 COM NW COR SEC25 S 49 DEG E 1162 t TO BG S 56DEG E 82' S 25 DEG W 118 N 61DEG W 14 I N 40 DEG W 108' N 45DEG W 91 ' TO BG *f•*»» J?\*. ■ ' ---------------------- ” r. NW CORNER OF SEC:25. T.1J2, R.40At.* *. S89-31’17"E 259.59 >*:N N \\N \V' >N ’> ■ • ^ • r-K W‘: \\N \\\\\\N 66'\■\\S s \I.-'*N N \N N \id..\ \S .M-'!’'- - m- • .. •. \,«-v • *. /Q o0:: •V',.% SCALE: 1 INCH = 60 FEET - ■BEARINGS ARE BASED ON AN ASSUMED DATUM.A ■ DENOTES IRON MONUMENT FOUND. • DENOTES IRON MONUMENT SET MARKED ”RLS 13620”.:-- \DENOTES CAST IRON MONUMENT SET.'.1 o.Vv. ■ .r-:-- -V- ■**.v^ * . Vk' . ■■ :t:;*- Co PROPOSED LEGAL DESCRIPTION All that part of Government Lots 1 and 2. Section 25, Township 132, Range 40, Otter Tail County, Minnesota, described as follows: i'F-- '■ Commencing at the northwest corner of said Section 25; thence ^uth 49 10 minutes 22 seconds East (for descriptive purposes only the west line <rf said ^^on 25 has an assumed bearing of South) a distance of 1162.91 feet; then<» South 56 d^rees 36 minutes 25 seconds East a distance of 82.34 feet; thence South 25 degrees 10 minutes 23 seconds West a distance of 118.55 feet to the northerly right-of-yv^lme of the Township Road, the point of beginning of the land to be described; thenw Noi^ 25 degrees 10 minutes 23 seconds East a distance of 118.55 feet; North 56 ^^ees 36 minutes 25 seconds West a distance of 82.34 feet; thence South 45 d^rees 30 minutes 22 seconds West a distance of 91.20 feet to said northerly right-of-way Ime of the Township Road, thence North 40 degrees 52 minutes 49 seconds West along Mid northerly right-of-way line, a distance of 80.72 feet to an angle point on said northerly right-of-way line; thence North 67 degrees 01 minutes 37 seconds West along s»d northerly right-of-viray line, a distance of 157.27 feet to an angle point on said northerly right-of-way line; thence North 89 degrees 50 minutes 07 seconds West along s^d northerly right-of-way line, a distance of 117.62 feet to an angle point on said northerly right-of-way line, thence South 86 degrees 12 minutes 30 seconds West along ^d northerly right-of-v\ray line, a distance of 133.17 feet to an angle point on said northerly right-of-way line; thence South 82 degrees 19 minutes 00 seconds West along northerly right-of-way line, a distance of 108.44 feet to an angle pomt on said nor^eriy right-of-way line; thence North 0 degrees 00 minutes 21 seconds Ea^alon^e easterly right-of-way line of said Township Road, a distance of 722.59 feet to the north lin^f said Section 25; thence South 89 degrees 31 minutes 17 seconds East along said n^ Une. a distance of 1313.29 feet to a point on said north line distant 1572.68 feet east Mid northwest corner of Section 25; thence South 0 degrees 28 minutes 43 seronds \A^est a distance of 1078.75 feet to Mid northerly right-of-vyay line of the Township Road, thence South 77 degrees 19 minutes 31 seconds West along Mid northerly right-^-way line a distance of 68.27 feet to an angle point on Mid northerly right-of-way line, thenc^orth 78 degrees 00 minutes 29 seconds West along Mid northerly nght-of-way Im a di^n<^ 279.44 feet to an angle point on Mid northerly right-of-way line; thence N^ 70 d^^ 46 minutes 29 seconds West along Mid northerly right-of-way line, a distance of feet to an angle point on Mid northerly right-of-vray line; thence Notih 61 de^^ io minutes 00 seconds West along Mid northerly right-of-way line, a distance of 128.47 teei T)K .■ ■OQ 90ISci I- 0 ■«" 00 o><oO) Co ; . ' ■ • V - ;■< r ■■I . ms1 .i- »to the point of beginning. t if* Containing 26.35 acres more or less. s^.. ■SURVEYOR'S CERTIFICATEt- I hereby certify that this is a tnie and correct repreMntation of a survey of the bounces of the above described land, and that this survey was prepared by me or under my direa supervision and that I am a duly Registered Land Surveyor under the laws of the State ot Minnesota. Dated this 17th day of January, 1995. :'>V : >r- - .C n 'J.' • t *>;' ’"•f\ * . -i, ^ ' ' ‘ K I lH> L ^ u) ^ L3 W I N I . L_ V-/ VU I \ L7 L_2 David A. Anderson Land Surveyor■: Minn. Reg. No. 13620 ‘■U' ■ i /MC ifl 4 to \OOOb^S&\l9,d5l■;<R. ■f 41 4.'. ■ 100009,60113.0)0 :f : .. CRANE LAKE 1^i. f^y. . ■y:- k ■i-r' X ■CERTIFICATE OF SURVEY FOR:i ■ : ill ERLAND BERGSTEN 4 w1 CONTRACT NUMBER FIELD BOOK^r-y NDERSON LAND SURVEYING, INC.V ALS-70/40261-94313 SOUTH MILL STREET FERGUS FAUUS, MINNESOTA SSSOT COMPUTER FILE DRAWING NUMBER (21 S) TOG —52SS 261-944. 3183DISK NUMBER;56Jr- •a .- - >A.n'.CL AA.* »!1‘ ‘ ; ' i\i :I f ^ \ i }b.I i !i ?V ;<o ^!- ^i r<N \1 i ■ CM \<::> CO /o» >v-" ,-u ' i *1^ ■r^ / 1 ■7<5^' / •: = ;•• . » ■-'; • V- / r/ r'-. *<7 '•‘^'Cvv ; .yy y✓.■» /y//y PROPOSED LEGAL DESCRIPTION All that part of Government Lot I, Section 25. Township 132, Range 40. Otter Tail County, Minnesota, described as follows: Commencing at the northwest corner of said Section 25; thence South 49 degrees 10 minutes 22 seconds East (for descriptive purposes only the west line of said Section has an assumed bearing of South) a distance of 1162.91 feet; thence South 56 degrees 36 minutes 25 seconds East a distance of 82.34 feet; thence South 25 degrees 10 minutes 23 seconds West a distance of 118.55 feet to the northerly right-of-way line of the Township Road; thence South 50 degrees 21 minutes 21 seconds West a distance of 71.01 feet to the southerly right-of-way line of said Township Road; thence North 40 degrees 52 minutes 49 seconds West along said southerly right-of- way line, a distance of 37.55 feet to the point of beginning of the land to be described; thence continuing North 40 degrees 52 minutes 49 seconds West along said southerly right-of-way line, a distance of 147.95 feet to an angle point on said southerly right-of-way line; thence North 67 degrees 01 minutes 37 seconds West along said southerly right-of-way line, a distance of 128.63 feet to an angle point on said southerly right-of-way line; thence North 89 degrees 50 minutes 07 seconds West along said southerly right-of-way line, a distance of 27.02 feet; thence South 2 degrees 26 minutes 25 seconds East a distance of 126 feet more or less to the shoreline of Crane Lake; thence southeasterly along said shoreline to the intersection with a line which bears South 49 degrees 11 minutes 18 seconds West from the point of beginning; thence North 49 degrees 11 minutes 18 seconds East a distance of 122 feet more or less to the point of beginning. Containing 30,719 square feet more or less. 25 K. odtvQ oo SURVEYOR’S CERTIFICATE I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Dated this 28th day of April. 1996. David A. Anderson Land Surveyor Minn. Reg No. 13620 sc A(_f:: RFS RINGS ARE B -.5ED ON A-N ASSUMED DATUM. ■ f.-ll f'K>T£.S, IRC'N MOrJUMEf-iT FOUND. © DEMO Its IRON MONUMENT SET MARKED ”RLS 1o620” . !®. E t;NC.jTES C.AST IP ON MONUt'lEN'i" SET. 5 0 PEE rINCH1 PKOPOSl-D I.UGAL DHSCRIPTldN AU that part of Govcnimcnt Lot 1, Section 25, Townshij) 132, Range 40, Otter Tail County, Minnesota, described as follows: Commencing at the nortliwest comer of said Section 25; thence South 49 degrees 10 minutes 22 seconds East (for descriptive purposes only the west line of said Section 25 has an assumed bearing of South) a distance of 1162.91 feet to the point of beginning of the land to be described; thence South 56 degrees 36 minutes 25 seconds East a distance of 82.34 feet; thence South 25 degrees 10 minutes 23 seconds West a distance of 118.53 feet to tlie norlheily riglit-of-way line of the Township Road; thence North 61 degrees 18 minutes 00 seconds West along said nortlierly ri^t-of-way Une, a distance of 14.32 feet to an angle point on said northerly i^t-of-way line; iherice North 40 degrees 52 minutes 49 seconds West along said northcHy rig^tit^f-way lirie, a distance of 108.21 feet to the intersection with a line which bears South 45 degrees 30 minutes 22 seconds West from the point of beginning; thence North 45 degrees 30 minutes 22 seconds East a distance of 91.20 feet to tlie jroint of beginning. Containing 10,651 aqiiare feet more or less. SURVEYOR’S CERTIFICATE I hereby certify Uiat this is a true and correct representation of a survey of the boundaries of the above described land, and that this survey was prepared by me or under my direct supervision and that I am a duly Registered I^d Surveyor under the laws of the State of Minnesota. Dated this 3()sh day of September, 1S>94. David A. Anderson Land Surveyor Minn. Reg. No. 13620 DECLARATION AND AGREEMENT rk/t>^THIS DECLARATION AND AGREEMENT, Dated this HAZELLE M. BERGSTEN, husband and wife; hereinafter referred to as "Bergsten" and GERALD D. MYRUM and GENEVIEVE M. MYRUM, husband and wife, hereinafter referred to as "Myrum"; day of , 1996, by and between ERLAND A. BERGSTEN and WHEREAS, Bergsten is selling certain properties to Myrum; and WHEREAS, The parties desire to comply with the terms and conditions of the applicable ordinances of Otter Tail County. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS, TO-WIT: The parties mutually agree that the descriptions on the attached Exhibits include a track located on Crane Lake and a track across a public road immediately adjoining the property on Crane Lake. 1. The parties mutually agree that the two descriptions shall be considered one tract of land or one parcel of land as may be required by the terms and conditions of the applicable ordinances of Otter Tail County regarding subdivision control and shoreland management. 2 . The parties hereto agree that any subsequent transfer of property will include the two tracts as one parcel and that the tracts may not be separated into separate parcels without proper variances and consent in writing from Otter Tail County 3 . / 'IkDated this lO day of May, 1996. Gerald D. Myrum ' / Erland A. Bergsten Hazelle M. Bergsten Genevieve M. Myrum WEST CENTRAL ABSTRACTING CO., INC. By, 7 SCNtHQ Notice of Hearing for Variance Otter Tail County Courthouse 121 West Junius Ave. Fergus Falls, MN 56537 (218) 739-2271 Ext. 240 Applicant must be present at the scheduled hearing. To Whom it May Concern; Erland A. and Hazelle M. Bergsten RR 1 Box 135 Battle Lake, MN 56515 Oscar Sorlie, Attorney 110 N. Mill Fergus Falls, MN 56537 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 June 13th, 1996, at 8:00 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 part of Government Lots 1,2, and 3, Fire # Section 25, Township 132, Range 40 - Township Name - Clitherall Lake No. 56-293, Lake Name - Crane, Class - RD The variance requested is: a variance to subdivide a parcel of less than 5 acres from an existing 28.08 acre parcel. The parcel would have approximately 41,370 square feet of area and would have approximately 194 feet of water frontage. UJjCuJy\j3 Boar^of Adjustment SecretaryDate: May 17th, 1996 OTTER TAIL COUNTY Office of the County Auditor Phone 218-739-2271 121 W. Junius Ave. Fergus Falls, MN 56537 State of Minnesota County of Otter Tail ) I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 20th , day of May the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: Erland A. & Hazelle M. Bergsten, Rt 1 Box 135, Battle Lake, Mn 56515 AryIn Hustad, Twp Clerk of Clitherall, Rt 1 Box 186, Battle Lake, Mn 56515 Glen Timmerman, Lake Assoc, of Crane, Rt 1 Box 128, Battle LAke, Mn 56515 Attorney: Oscar Sorlie, 110 N. Mill, Fergus Falls, Mn 56537 ,1996 Richard West, Otter Tail county Highway Engineer, Courthouse, Fergus Falls, MN 56537 Terry Lejcher, DNR 1221 1/2 E. Fir Ave, Fergus Falls, MN 56537 DNR Regional Administrator, 2115 Birchmont Beach Rd. NE, Bemidji, MN 56601 Town Clerk Otter Tail county Public Health Department, Courthouse, Fergus Falls, MN 56537 Board of Adjustment: Craig Anderson, RR, Ottertail, MN 56571 John Everts, Route #2, Battle Lake, MW 56515 Cecil B. Femling, 13 6th St. NE, Pelican Rapids, MN 56572 Randall Mann, 532 N. Ann St., Fergus Falls, MW 56537 Robert Schwartz, Rt 1 Box 4, Wadena, MW 56482 George Walter, Route #1 Box 314, Perham, MN 56573 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, properly addressed to each of the individuals listed above and/or listed in the attachment. Ulcuf^ ^ ecretafiy Dated:May 20th, 1996 •. n-:; .' lyLe j s< eudqra m rounds' DAVID ?< ALVEDA SUCHYR#1 BOX 134 BATTLE LAKE, MN 56515 i R#1 BOX 132 BATTLE LAKE, MN 56515 ERVIN L PAMELA R TROSDAHL ELLSWORTH ROSE MARY HOLORR 1 BOX 1350 BATTLE LAKE, MN 56515 R#1 BOX 133 BATTLE LAKE, MN 56515 JSIEGFRIED R h. HELEN B HOFFMANN CHARLES 0 VERONICA R HECHTR#1 BOX 135F BATTLE LAKE, MN 56515 RR 1 BOX 135D BATTLE LAKE, MN 56515 JACK K & KAROLINE L BAGENT WILLIS L NORDLUNDRR 1 BATTLE LAKE, MN 56515 R#2 BOX 149 PARKERS PRAIRIE, MN 56361 SYDNEY J & LOLA B SMITH KENNETH C h. ORRA M KRUEGER9201 S 25TH ST OMAHA, NE 68147 ( RR 1 BOX 135B BATTLE LAKE, MN 56515( ( 4CARL C CHRISTIANSONf.JOYCE R HASKELL i(R#1 BOX 282 BATTLE LAKE, MN 56515 f1112 14TH AVE N WAHPETON, ND 58075( CURTIS M MORTENSON ERLAND A HAZELLE BERGBTEN i9725 GARDEN LANE ROGERS, MN 55374 R#1 BOX 135 BATTLE LAKE, MN 56515 JAY NANCY JOHNSON T;8817 BASS CREEK AVE BROOKLYN PARK, MN 55428 y/ •;f/, / ■ / 1I / i?■ . -A ■ J' O ■